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PC 2003/02/10Cll"Y OF ANAHEIM PLANNING COMMISSION AGENDA FEBRUARY 10, 2003 Council Chambers, City Hall 200 South Anaheim Boulevard, Anaheim, California VANDERBILT z CALL TO ORDER ~~~~ , rx' a ~ ~~ t~ ,~" PLANNING COnAMLS'SION flnORNING SESSION 11:Q0 ~ STAFF=i`IPnATF TF")?COMMISSION OF-VARLO.US CITY`' "? • PRELIMINARY FLAN'REVIEW F(7R~ITEMS ON THE FEBRUARY'10, 2003 AGENDA p 1 s „~ ~ ~ , _~ ~ ~~.-.-, ~, -.- RECESS TO AFTERNOON PUBLIC~HS5EARING SESSION .,-~t RECONVENE TO PUBLIC HEARING'? 30 P Rfl ----^ ~-'' '`~- Forrecord keeping puiposes,4if you t~~sp to5laakea statement r~ardmgµany'item on the agenda, please complete a speakercard and su6r~~titto fhe~~ecretary.`,.~'~ ~' PLEDGE OF ALLEGIANCE '~ ~~'~ ``i ~ ~"~ `#, f I PUBLIC COMMENTS 4 i`,~ ~ ~ '"°`°--=-'" ~~, x ` CONSENT CALENDAR °`~ ~--.,~r~"°` -' PUBLIC HEARING ITEMS ADJOURNMENT 02-10-03 Page 1 RECONVENE TO PUBLIC FIEARING AT 1:30 P.M. PUBLIC COMMENTS: - This is an opportunity far 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-B on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Planning Commission, staff or the public request the item to be discussed and/or removed from the Consent Calendar for separate action. A. a) CEQA EXEMPTION SECTION 15061(b1(3) AND ZONING CODE AMENDMENT NO. 2002.00020: City of Anaheim, Planning Department, 200 South Anaheim Boulevard, Anaheim, CA 92805, requests Planning Commission review and approval of a draft Ordinance regarding modification to parking requirements for single- famtlyresidences. Continued from the January 27, 2003 Planning Commission meeting B. Receiving and approving the Minutes from the Planning Commission Meetings of January 27, 2003. (Motion) Project Planner: (cflorest7o anaheim.net SR8546CF.DOC 02-10-03 Page 2 PUBLIC HEARING ITEnIIS: 2a. CEQA CATEGORICAL EXEMPTION -CLASS 3 2b. WAIVER OF CODE REQUIREMENT 2c. CONDITIONAL USE PERMIT NO. 2002-04631 OWNER: The Salvation Army 900 West 9~h Street, Los Angeles, CA 90015 AGENT: The Salvation Army, attn: Lee Lescano, 10200 Pioneer Road, Tustin, CA 92680. LOCATION: 314 North Claudina Street. Property is approximately 1.0 acre located on the northeast corner of Cypress Street and Claudina Street {Salvation Army). To permit an accessory multi-use sports court in conjunction with an existing church with waivers of a) required setback for institutional uses adjacent to a residential zone and b) maximum fence height.' 'Waiver (b) has been deleted. Continued from the December 16, 2002 and January 27, 2003, Planning Commission meetings. CONDITIONAL USE PERMIT RESOLUTION NO. Project Planner: (vnonvood (aka n a helm. net) SR8550VN.doc 02-10-03 Page 3 3a. 3b. 3c. 3d. 3e. 3f. 3g. 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 PdO. 2002-00406 -To amend the Land Use Element of the General Plan redesignating the property from the Commercial Professional designation to the Low-Medium Density Residential designation. RECLASSIFICATION NO. 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 N0.2002-04635 - 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.' `Waivers (a), {b), (d) and (f) have been deleted. TENTATIVE TRACT MAP NO. 16465 - To establish a 1-lot, 16-unit attached residential airspace condominium subdivision. Continued from the January 13, 2003 Planning Commission meeting. GENERAL Pl-AN AMENDMENT RESOLUTION NO. RECLASSIFICATION RESOLUTION NO. CONDITIONAL USE PERMIT RESOLUTION NO. (iramirezCa anaheim.nett SR8552JR.DOC (cwagnerCa~anaheim. net) SR1105CW.DOC 02-10-03 Page 4 4a. CEQANEGATIVE DECLARATION 4b. WAIVER OF CODE REQUIREMENT 4c. 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 nAaanolia Avenue. Property is approximately 7.7 acres located south and east of the southeast corner of Ball 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. Continued from the January 13 and 27, 2003, Planning Commission meetings. CONDITIONAL USE PERMIT RESOLUTION NO. 5a. CEQA EIR NO. 313 (PREVIOUSLY-CERTIFIED) 5b. WAIVERS OF CODE REQUIREMENT Sc. CONDITIONAL USE PERMIT NO. 2002-04657 OWNER: Good Hope International, 1530 South Harbor Boulevard, Anaheim, CA 92802 AGENT: Marshall Weinstein, 1530 South Harbor Boulevard, Anaheim, CA 92802 LOCATION: 1530 South Harbor'Boulevard. Property is approximately 1.19 acres having a frontage of 85 feet on the east side of Harbor Boulevard, located 790 feet south of the centerline of Manchester Avenue (Carousel Inn and Suites). To permit the conversion and expansion of an existing legal nonconforming retail building into asemi-enclosed fast food restaurant with waivers of: (a) minimum number of required parking spaces and (b) minimum structural setback and yard requirements abutting interior lot lines. CONDITIONAL USE PERMIT RESOLUTION NO. Request for Continuance to April 7, 2003 Project Planner: (vn orwood Cd ana helm. n etl SR8549VN.DOC Project Planner: (skoehm o(~anaheim.net) SR8533GK.DOC 02-10-03 Page 5 6a. CEQA NEGATIVE DECLARATION 6b. WAIVER OF CODE REQUIREMENT fic. CONDITIONAL USE PERMIT NO. 2002-04653 OWNER: June Noordman, Ronda Rae Pre School, 900 South Knott Avenue, Anaheim, CA 92804 AGENT: William Tefend, Tefend Construction, 2233 Calle Leon, West Covina, CA 91792 LOCATION: 848. 900 and 906 South Knott Avenue. Property is approximately 0.96-acre having a frontage of 198 feet on the east side of Knott Avenue, located 465 feet north of the centerline of Ball Road. To expand an existing pre-school and construct additional classroom area with waivers of: (a) institutional uses adjacent to a residential zone boundary and (b) minimum number of parking spaces. CONDITIONAL USE PERMIT RESOLUTION NO. 7a. CEQA NEGATIVE DECLARATION (READVERTISED) 7b. WAIVER OF CODE REQUIREMENT 7c. CONDITIONAL USE PERMIT NO. 2002-04656 OWNER: Min Ling Lee, 1600 East Lincoln Avenue, Anaheim, CA 92805 AGENT: Susan Secoy, 112 East Chapman Avenue, Suite E, Orange, CA 92866 LOCATION: 1600 East Lincoln Avenue. Property is approximately 1.75 acres having a frontage of 372 feet on the south side of Lincoln Avenue, located 330 feet east of the centerline of Larch Street (Lincoln Palms Motel). To permit the conversion of an existing 80-unit motel into a 63-unit affordable senior citizen's apartment complex with waivers of: (a) minimum structural setback, (b) minimum landscape setback adjacent to asingle-family residential zone (c) maximum structural height within 150 feet of a single-family residential zone, and {d) minimum width of pedestrian accessways. CONDITIONAL USE PERMIT RESOLUTION NO. Request for Continuance to February 24, 2003 Project Planner: fvnorwood t7o. ana hei m. net) SR8554VN.DOC Project Planner: (cwao nerta an aheim. Hell SR1108CW.DOC 02-10-03 Page 6 8a. CEO,4 NEGATIVE DECLARATION 8b. CONDITIONAL USE PERMIT NO. 3726 (TRACKING NO. CUP2002-04655) OWNER: Vineyard Christian Fellowship, 5340 East La Palma Avenue, Anaheim, CA 92807 AGENT: Sam E. Sampson, C3 Consultants, 25602 Alicia Parkway, #234, Laguna Hills, CA 92653 LOCATION: 5310 East La Palma Avenue. Property is approximately 23.08 acres having a frontage of 1;238 feet on the south side of La :Palma Avenue, located 2,370 feet west of the centerline of Imperial Highway (Fairmont Private School). To modify previously-approved exhibits for an existing private school and to amend a condition of approval pertaining to the permitted number of students. CONDITIONAL USE PERMIT RESOLUTION NO. 9a. CEQA NEGATIVE DECLARATION 9b. WAIVER OF CODE REQUIREMENT 9c. CONDITIONAL USE PERMIT NO. 2002-04658 OWNER: Beacon Industrial Distribution, 7255 E. 46~h Street, Tulsa, OK, 74145 AGENT: Phillip Schwartze, 31682 EI Camino Real, San Juan Capistrano, CA 92675 LOCATION: 1210 North Knollwood Circle. Property is approximately 0.97-acre having a frontage of 180 feet on the east side of Knollwood Circle, located 1231 feet north of the centerline of Woodland Drive. To permit a towing service dispatch station and vehicle impound storage yard with accessory vehicle repair, automobile retail sales, and automobile rental with waiver of minimum number of parking spaces.' 'The waiver has been deleted CONDITIONAL USE PERMIT RESOLUTION NO. Project :Planner. tuna rwoo d {o7 ana h eim. net) SR8552VN.DOC Project Planner: (iramirez at7anaheim.netl SR8552JR.DOC 02-10-03 Page 7 10a. CEQA CATEGORICAL EXEMPTION -CLASS 1 10b. CONDITIONAL USE PERMIT NO. 2002-04654 OWNER: Andy Hsu, Richance Properties, 18199 Summer Avenue, Artesia, CA 90701 AGENT: Julie Nguyen, 14051 Shirley Street, Westminster, CA 92683 LOCATION: 905 North Euclid Street. Unit C. Property is approximately 0:9-acre, located at the southwest corner of Euclid Street and Catherine Drive. To establish land use conformity with existing zoning code land use requirements for an existing commercial retail center and to permit a massage establishment. CONDITIONAL USE PERMIT RESOLUTION NO. Request for withdrawal Project Planner: (avazauezt7a anaheim.net) SR8548AV.DDC ADJOURN TO MONDAY, FEBRUARY 24, 2003 AT 11:00 A.M. FOR PRELIMINARY PLAN REVIEW. 02-10-03 Page 8 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: q: 30 ~ , (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND - ~a CnOU^N^CI~L D-IS-PLAaY~, KIOSK SIGNED: P~1~1 ) N V -,f>.f 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 khis 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. 02-10-03 Page 9 SCFEEIDLE 2003 FEBRUARY 24 MARCH 10 MARCH 24 APRIL 7 APRIL 21 MAY 5 MAY 19 JUNE 2 JUNE 16 JUNE 30 JULY 14 JULY 28 AUGUST 11 AUGUST 25 SEPTEMBER8 SEPTEMBER 22 OCTOBER6 OCTOBER 20 NOVEMBER3 NOVEMBER 17 DECEMBER1 DECEMBER 15 DECEMBER 29 02-10-03 Page 10 L m m a m ~ O N 0) O L E 01 (p C C p . U m c Ea~y°p m>~~O d E E 9 N E O T U E c m ~ c:- ao °t m... ti a m ° ° L N (0 N Q. T ~ C °~ ~ ~~° > N F'~y C7 E ~° E°yE pU~ °- ° r~ mK Eo € ~; ° ~ y'~ n~,°a m ~`o~~°o ~ . ~vmo.~ ~OE" Y U ap o U E c vi~oo~ ° yv~ U ` O m. N N p ~ N ~ ~ N ~ U' ` O + -~ C N ~ 'O '~ O Q: - > O ~ `~ . L V N O O p h m N O .. 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C U ~ ~- U 'O C U O p C ~ ~ E'oo om oa N. C p (0 O) U ~ ~ ~ ~ ~ - f0 0. ao. 1] O. ~a~p C OJ v~~ C o~Q' m o m"aci 3~ E ~~' m ~a~ N o._ a °o cNE c m E °' (0 '- D N N E N p y to W O` O ~ 0. L E ~~c 7 (0 r o c o E y v, o 0 d~ E~ U O ~ o ._. O p N 0~ `. c _ c ° c ~ c' a 5 ' °'..' - ' o i °-a ~UL o ~v,m ~ -o ~,~'E ~ ~ ~ -o a~~O ~o~ o ~o0 0 0 m$ Y w -o ~ z C7 E -o z z L U ~. N N U! U m m N c c ~ c ' E . ~ ~ ~ _ ? ~ ', J d F- > O Z C N L U Q Q 0 Z E N Item No.1-A -Attachment No. 'e City of Anaheim SAMPLE ON-SITE PARKING FOR SINGLE-FAMILY RESIDENCES i'ERMTiTED: OAflAOE ~'{ :i;: , ~;1 •~ J f G Y W ~ ~ O 3 HOUSE ~ iw . >_.. a e, o ,:. i w STflEET Driveway leads to garage which is behind front setback. W !: HOUSE ~ J Y F ` ! W a G GARAGE ~ a 3 c O STREET Driveway/pazking leads ro garage ~ front .setback (driveway/parking wtdth may reflect garage width). HOUSE GARAGE STREET DIIVeway ]Cads t0 °Side-0n~ garage locmesl behind front setbac]c. ALLEY .- -. GARAGES ~s f ~_ OPEN LOCATE[ FRONT STREET STREET Driveway leads to garage. Additional driveway may be permitted if they lead m Parking areas Z> front setbark, Provided City Traffic Eneineer's office permits Addition of open spaces with alley access with City Traffic Engineers office approval. Item No. 1-A-Attachment No. 3 ORDINANCE NO. ~/~® AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING VARIOUS SECTIONS OF TITLE 18 OF THE ANAE3EIM MUNICIPAL CODE RELATING TO PARKING FOR SINGLE-FAMILY RESIDENCES. THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1 That Section 18.06.050 of Chaptex 18.06 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "18.06.050 MINIMUM NUMBER, TYPE AND DESIGN OF OFF- STREET PARKING SPACES AND AREAS. The minimum number of off-street parking spaces provided for any land use shall not be less than the following numbers given for subject use(s); provided, however, that any use not listed below shall provide a minimum of nine tenths (0.9) of one space per each employee on the largest work shift, plus such additional parking as is determined to be reasonably necessary by the City Traffic and Transportation Manager to meet the parking demand for such use. Except as expressly provided in this Section 18.06.050, where a combination of uses is proposed, the minimum. number of spaces provided shall be not less than the sum total of the requirements for each individual type of use to be established. r~~tn.=-~~ In computing parking requirements, fractional. ~eg~eme~~s numbers shall be rounded off to the nearest whole number, fractions of one-half (0.5) or more being counted as one full-space. For purposes of interpretation of subsection .010 for residential uses, a bedroom is a private habitable room planned or used for sleeping, separated from other rooms by a door or similar partition. Further, all rooms (other than a living room, family room, dining room, bathroom, hall, lobby, closet. or pantry) having seventy (70) square feet or more of floor area, or less than fifty percent (50~) of the total length of any wall open to an adjacent room or hallway shall ~"7~A be considered a bedroom. eP~ For purposes of interpretation of subsections .02,0 and .030, "GFA" shall mean gross floor area of buildings as measured from exterior wall to exterior wall, If the GFA upon which the number of parking spaces is based is less than 1,000 square feet (or other unit of measurement as designated herein), the minimum number of required spaces shall be prorated in direct proportion to the minimum number of spaces required for each 1,000 square feet (or other unit of measurement designated herein). Such proration shall also apply in instances where a division of such applicable unit of measurement into the GFA produces a quotient of other than a whole number. Unless otherwise expressly provided herein, any employee parking space requirements shall be based upon the maximum number of employees present at any given time. Except as expressly provided herein, all spaces shall conform to Engineering Standard Detail Nos.. 601-E and 602-E entitled "Off-Street Parking Dimensions." SECTION 2. That subsection .011 of Section 18.06..050 of Chapter 18.06 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".011 Single-Family Dwellings. The minimum required number of off-street parking spaces for single-family dwellings shall be based upon the total number of bedrooms as follows: 6 or fewer bedrooms 4 (2 in a garage) 2 ~,. ~., r,f'~~ 7 or more bedrooms 4 (2 in a garage) plus 1 additional space per bedroom over 6 bedrooms Tandem spaces shall not be counted toward the required number of spaces, except for one open space in front of each required space enclosed within a garage. The minimum dimensions for spaces located in tandem to parking spaces enclosed within a garage is eight (8) feet wide and twenty-five (25) feet long (if located in tandem to parking spaces enclosed with a tilt-up garage door) and eight (8) feet wide and twenty (20) feet long (if located in tandem to parking spaces enclosed with a roll-up garage door), measured from the garage door to the nearest edge of the pedestrian walkway or property line, whichever is the lesser distance. Spaces located in tandem to a garage may be permitted to encroach into the required front setback. All other spaces require approval of the Planning Director, or his or her designee, shall be located outside of the required front setback area, - and shall be provided and maintained in an accessible location on the lot: .., -. .-.~_ r_~,-..-. -z_-- _ - .y_.___ -- _ __ - i-- - - _ .. _. ~1 1uV~ .J..Uil - u vv t~ l .ECUV~.._ o v.a ..~.... eea -e i ~ n, i a 3 ~ / ~ '~ a \ r,-. ,. ,- ..: a., ~„a ~AC~- xcrd -nt~ir zTidm- '~ €i i~ ( ` fReFt & .vrrS d ,.. f 3 -O -e r~ /;~ ,,. ,,- ,.,, -tu~ ~ t z~=t~'- ~e - ; - ee ,~ ., .] d /n\ F... h .ti :.].. , -..a ~-..., ~.~.. / ~ n I\\ F.z~.V- l .. .. /:F ar: eig t y l' r d - } - J„al F_ ~ ~ ~ ~,,., aA ~,: ttp re -ga age - eer i y ~ ' ~ ~-~J~ h h th l - d' t a "Y ~ ..,.,.~ Yi "Y`. ..Y , ~~~•~~' b ,- , ~ a d e ever ,.M ~. _ ~e e e se e an ~... ; ,- ~ Y ee ,tea-.-.: ,.,, 3 i - mi t . d € .~~.,..,_. ,;,, ..~~..._....... .,,.~.. -x~e t ~ re e- ~ re~~ n ~th , .. ,. ,,; r ,.,,~~_r ,,... regtt ~~ e ag~g~eva ~ i -e e ,' ~ ~ i t ~ € the d - ~~a ~ -~n~-~s r s a ~- a ~s ea -e e e --,-- ~ i ~ d B t - 681 r-~t ~-5- =tied "P9i n~mt~m a /S~tceF r - r - e < Qe ~ ~ SECTION 3. 3 ',',~ . .:~ ;.. That subsection .013 of Section 18.21.063 of Chapter 18.21 of Title 18 of the Anaheim Municipal Code be, and the same s,,._ hereby, amended to read as follows: ".013 That parking shall be provided in conformance with subsection 18.06.050.011 of this Code. -- =,ds;.;,. ,.c ,_hc ... _ t..., i~~ ~.._,,:.. ~..~~ ~,. s ~~s~ ..a ~,: ,..,. .iced i~ ~ - ~..., r~~ SECTION 4. That subsection .013 of Section 18.22.063 of Chapter 18.22 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".013 That parking shall be provided in conformance with subsection 18.06.050.011 of this Code. ..aa;;-; .... ;-,.., a-. ,,. i~~ _,r;., sgaees re~~rired to-~grau}deb ice-suck-garageT adc-i}~}anal-nan-tar~~~..., ...... _ ~_.c'_ccca ~,~,.:~,. ,.~......,. .,. L.-.. ~ ~__...-_~ -r-_-_ leea~isr~-ea-tn.~ '-='- -= =====1 - SECTION 5. That subsection .0133 of Section 18.23.063 of Chapter 18.23 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".0133 That parking shall be provided in conformance with subsection 18.06.050.011 of this. Code. ,--- `~a_t=--- `-= `-'-== ._----..._... ,-.._ ,-,, _.._,_.~~ epaees refit}red t-e-p~raUiaed i~suc~-ggrage--~-ci~- a~Fl-i-teal-r~ara ~_ _~_,a--_„_.,..., ~..._._ ,_._ ,.._-_...~._.,..,,a ~...__,_,;_~~ ..~.,_....,. SECTION 6. That subsection .0113 of Section 18.24.063 of Chapter 18.24 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 4 ".0133 That parking shall be provided in conformance with subsection 18.06.050.011 of this ~+~ Code. a., ~, m ~.... ~~, ~..v,_;~,. g, .. _.. add t}ena' ne~x tandem, ~~,. ~a p~~''' "g p-. SECTION 7 That subsection .0113 of Section 18.25.063 of Chapter 18.25 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".0113 That parking shall be provided in conformance with subsection 18.06.050.011 of this Code. aa• ..,,.. ~.,.. ice, Yv;,, , g -. -, g,. , 1$ec_kizo'A-vir-~~it.. iv~vr-~aTCi i-" SECTION 8. That subsection .0113 of Section 18.26.063 of Chapter 18.26 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".0113 That parking shall be provided in conformance with subsection 18.06.050.011 of this Code. , ' as • ~, m ,...~ ~~, ..r,~;..,. r y -~ addit ' enal nest tandem, -•, ,. ,.'' ,-'" ^7 Y s c,,_„ ~... y ; a..a ~a .,~-, ,.a rye uyy ..~~...,.,iblc SECTION 9 That subsection .0123 of Section 18.27.063 of Chapter 18.27 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".0123 That parking shall be provided in conformance with subsection 18.06.050.011 of this Code. as i. }..,, ~~, ~,,;.. S v-. J _~~~ sg~a-ees~e~ui~,.a +... ~... .:aed~-sit^'~ ~-- ~.. ,~~ additiena~nen tandem, ^.. .. ..~.., ..,...a ~..r'.: ~~ ,. ,s~"9 ~~.: ,~ s. t, x.11 .~",~. ... ..: d~.d ~.. ,~ -. :`~.~-.:.-, ,. ,~ : w, ,. leeat}en en the 1r.~ --~-~--~~, .. SECTION 10. SEVERABILITY '_ The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 11 .` SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 12. PENALTY It shall be unlawful for any person, firm or corporation to violate any provision or to fail to comply with any of the requirements of this ordinance. Any person, firm or corporation violating any provision of this ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this ordinance is committed, continued or permitted 'by such person, firm or corporation, and shall be punishable therefor as provided for in this ordinance. 6 THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this day of ,, 2003. MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 9 ei9s . i~.smann~F ebruary 6, ?003 rr .. 7 ITEM N0. 2 G~ m~ Y N,k,. ~sNOP 1 C;Gl~ Po~PVE. ~~"~°` i~ '_ ~ m Conditional Use Permit No. 2002-04631 Subject Property Date: December 16, 2002 Scale: 1" = 200' Requested By: THE SALVATION ARMY Q.S. No. 83 TO PERMIT AN ACCESSORY MULTI-USE SPORTS COURT IN CONJUNCTION WITH AN EXISTING CHURCH WITH WAIVERS OF: (A) SETBACK FOR INSTITUTIONAL USES ADJACENT TO A RESIDENTIAL ZONE (B) MAXIMUM FENCE HEIGHT. 314 North Claudina Street -Salvation Army ass NZ G ~ / ~ \O N ~ An C G gVCPM~R,~ \"~~~~1 \ \\,1 Staff Report to the Planning Commission February 70, 2003 Item Na: 2 2a. ' CEQA CATEGORICAL EXEMPTION -CLASS 3 (Motion) 2b: "WAIVER OF CODE REQUIREMENT (Motion) 2m`' %CONDITIONAtUSE PERMIT NO 2002-04631 (Resolution) SITE LOCATION ANDbESCRIPTION: (1) This irregularly-shapedl.0-acre parcel is located at the northeast comer of Cypress Street and Claudina Street with frontages of 200. feet on the east side of Claudina Street, .155 feet on tfie west side of Emily_Street and245 feet on the north side of Cypress Street (314 North Claudina Street- Salvation Army). .'.REQUEST: (2) The petitioner requests. approval of a Conditional Use Permit under authority of Code Section 18.27.050:030 to permit an accessory multi=use sports court in conjunction with an existing church with waiver of the following: (a) SECTION NO: 18.04.042.020 Required setback for institutional uses adjacent to a restdentiaf zone. 15-foot wide landscape setbackrequired;g;feet proposed.) (ti) SECTION NOS: 18.04.047 Maximum fence height. s'AND 18127.068 ; (Deleted)': BACKGROUND:s (3) This item was continued from the December 16, 2002, and January 27,:2003, Commission meetings to allow the petitioner to meet with area residents to address their concerns regarding this proposal (4) This property is currently vacant and is zoned RS-5000 (Residential, Single=Family) and PD-C/RM-2400 (Parking District-CommerciallResidential, Multiple-Family). The Anafieim General Plan Land Use Element: Map designates this property for' Low-Medium Density Residential land uses.: (5) Surrounding land uses are as follows: Direction Land Use Zoning General Plan Designation North .Single-Family RS-5000 Low-Medium Density Residential. r Residence Northeast Du lex PD-C/RM-2400 Low-Medium Densi Residential East. (across Emiry Single-Family RS-5000 Residential': Low-Medium Density ? street) i Residences . Single-Family South'(across cypress street) Residences and 7-unit RS-5000 Low-Medium Density Residential} A artment West(across aauaina Small Commercial street) Businesses CG Low-Medium Densi Residential sr8550vn Page 1 Direction '.Proposed' 'Setbacks: Code-Required Setbacks North sin le-famil .'residence None 15 feetrfull landsca ed :.East sin le-famif residence None 15 feet.full landsca ed South church's Nane None West ad'acent to sidewalk 10 feet > 10 feet full landsca ed (9) The site plan indicates a proposed outdoor multi-use sports court consisting of'a full basketball court: Perimeter site screening would include`an 8-fooE high wall consisting of a Page 2 Staff Report to the Planning Commission February 10, 2003 Item No 2 6-foot high 61ock wall topped with2 feet of wrought iron along the north and east property line, ah existing 6-foot high tilock wall along the south property line and a 6-foot. high block wall setback 10 feet from the west property line along Claudina Street: Code permits screen walls up o S feet in height exclusive of'the front setback (up to 3 feet allowed) when abutting a non- residential development. (10) Landscapingwould consist of three (3), 15-gallon London Plane gees, shrubs and clinging vines in the setback area adjacent to Claudina Street; 'Clinging vines and. three (3),'15-gallon London Plane trees in tree wells would also'be planted'along the east property line. No clinging vines or additional landscaping is proposed for the north or south property lihes. Code requires a 15-foot wide landscaped setback to separate this institutional use from the residential properties to the northand east. 'Code further requires a minimum 10-foot wide landscaped setback adjacent to Claudina Street planted with one (1) tree for every 20 feet of street frontage. (11) The petikioner's letter of operation indicates the sports court would be used from 12 noon to dusk with one to two employees supervising'activities. Further, access to the sports oourt would be controlled by restricting entry through the church property and the'facility would not be lighted, The petitipner has also indicated that the sports court would not be utilized for adult sports activities. ENVIRONMENTAL IMPACT ANALYSIS: (12) The Planning Director's authorized representative has determined that the proposed project :`falls within the definition of Categorical Exemptions, Section 15303, 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: '! (13) 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 17,1.1992. Based on City staff review of the proposed project, it hasbeen 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: (14) Churches and their accessory uses are permitted within the RS-5000 zone subject to the approval of a conditional use permit. (15) Waiver (a) pertains to required setbacks for institutional uses adjacent to a residential zone. 'Code requires a landscape setback of 15 feet for institutional uses when adjacent to a residential zone boundary and plans indicate no landscape settiack at the north and'east property lines abutting residentially-zonedproperties. Staff is concerned regarding this waiver request. The:ihtent of this Code requiremenfis to buffec'institutional uses from residential'uses. Granting this waiver could result in :potential disturbances to the residences to the north and east.' Further,fhe lot has'no uniquefeatures that would prevent compliance with this Code requirement, other than the fact that it may be too small for. development as a sports court. (16) Waiver (b) pertaining o maximum fence height has been deleted. Page 3 Staff Report to the Planning Commission February 10~ 2003 Item No. 2 ', - ~ R r-~ " 1 r r t ~~,~~~ ~. ~~~r ~ ~ ~ ~ ~~ . 9~ye~ ~~~e pry s~ ~' ,~Z im ~ ~ t ~- ; ,w-sT a'" " fS" dar stx"vs~ k"~ a~3 ty ~.~~w-.~~.k -s. ~~»' ~"~ ~ ~~ ~ ~ r +' 9 tl r Z h ~~~ ~.: ~N.Ye£ G WF r _ ~, ~ , . ~. ~~, ~~.~~ ~ „i 4 ~ i + ~ r ~~" i ri g~~.~ ~ ~ ~ ~~ e, ' r . _ x°~ ~' ~' ~'~ I t"' '.r~ ~ a: I b y { o C . x Proposed multi-sports court area. i-- kkk ~ E~isun~children `a pl;n ;, x~,. ~ ar4,r ~,. *~' ~~~r~ K, ,~"~'-"~~~ , '~ ~~x ~y~ s d r"' y5 ~ ` '~,.. `~3 ~ e`~*v' k, ~+~ ~" ~ i 'c .. ~ ~ ~ '.-a^."d asp ~ q 'r`.+w~xrY><- ~ ~., , ~ -~.. ~st _ ~ c,f; s ~~ ~ ~ x r r,~ ~$' ~ .. ~" ~ ~y q r 'T r m r ...~ ~ ~rs.~,./.. ,:.. ~~ . e?a~. .. .., , ~ ., s Page 4 Staff Report to the ::Planning Commission February 10, 2003 `- Item No. 2 (17) Prior to the December 16, 2aoa Commission meeting, staff received several a-mails and telephone calls in opposition to this: request. The nature of the a-mails received from residents living in he general downtown area expressed concerns pertaining,to noise disrupting this residential neighborhood and he potential to attract undesirable elements to 'this area : Mr. AndrewiBartel, who resides at 206 North Adele Street (as shown on the map - below), indicated that current activities conducted by the church, including children's activities and socialgatherings, extend late into the evening (including amplified music) and have become a nuisance to the neighborhood. Mr. Bartel felt that additional activity associated with the proposed sports court would further increase neighborhood impacts related to noise. i Mr. ]3arte1's property: ` ~~ ~ ~ ti k ~ ', f a351y16O~ '~ s.. ~ ~ Proposed Sports Court' Salvation Army Churck (C} Y49tr2401 ESRI.IK.,~ O 1i53~ .~ Owners directly affected by proposed multi-use sports court. (18) The petitioner has also submitted a petition with 17 signatures in support of this proposal with 3 of the signatures from affected residents on the north and east property lines as tlepicted in"the map above. (19) The petitioner conducted a community meeting on January 20, 2003; in order to discuss this proposal with area residents. Staff was provided a list of names of those ' in attendance and whether each attendee supported this proposal. Out of 37 total attendees,';25 were in support of the project and 12 were opposed. The project is :located in Quarter Section Map 83. Quarter sections represent aone-quarter of a +square mile of the City. Adjacent Quarter Sections beginning clockwise from the 'north include 82, 92 94, 84,.73, 72 and 71. The following chart indicates, by adjacent quarter section maps, how many attendees within the subject quarter section`or ''contiguous quarter sections that wereopposed to the project. Page 5 Staff Report o the Planning Commissii February 10; 2003 Item No. 2 TOTALS ~ i Quarter Section Map 71 Quarter Section Map 82 Quarter Section Map 92 2 in favor 0 0' osed 4 in favor 0 0 osed 2 in favor ' b 0 osed 8 in favor 0 op osed' Quarter Section Map 72 Quarter Section Map 83 ` Quarter Section' flflap 93 2 in favor 3 0 osed 4 in favor 5 0 osed None 6 in favor f 8 o posed ' Quarter Section Map 73 ;Quarter Section Map 84' QuarteE Section Map 94 0 in favor 1 0 'osed None None 1 opposed : Note: The Salvation Anny is located in Quarter Secticn 83 (20) Code Enforcement Division records'indicate no violations currently pending for this location and site inspections indicate the property is being properly maintained. (21) Staff is sensitive to the perception of area residents that the proposal for a sports court may notbe in the bes4 interest of the'neighborhood. Several area residents''are in favor of the:. project however, there are those who are in close proximity to the project that have expressed concern regarding the negative impacts that would result from allowing4a sports court. Because the sports court would abut residentially zoned property (five feet away from windows of the adjacent house to the north),. staff agrees that ithas the potential tdnegatively impact area residents particularly with increased noise and activity. This lot is relatively narrow (52 feet wide) and offers minimal buffering opportunity for the adjacent residences. Further, the jproposed 6- fooYhigh wall'with an additional two feet of wroughtron (for a'total of 8'-feet in height) woutd'not sufficiently mitigate noise and would create a "fortress" appearance around the subject property. Staff feels that this use as proposed, is not compatible with` he surrounding residential neighborhood and therefore, recommends denial of the request. FINDINGS: (22) When practical difficulties or unnecessary hardships result from strict enforcement of the! Zoning Code, a modification may be granted for the purpose of assuring that no property, because of special circumstances applicable tc it, shay 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 othersimilar properties. Therefore, before any'code waiver is grantetl by the Commission', it shall be shown: (a) .That there are special circumstances applicable to the property such as size, shape, (topography, locationor surroundings, which do not apply to other identically zoned j properties in the vicinity; and (b) That strict, applicatioh of the Zoning Code'deprives the property of privileges enjoyed by other properties under identical zoning classification in the vicinity. Page 6 Staff Report to the Planning Commission February 10, 2003 Item No: 2 (23) Before the Commission grants any conditional use permit, it must make a finding of fact that the evidence presented shows that ail 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' herein as being a permitted use; (b) That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located; (c) That the size and shape of the site for the proposed use is adequate to allow the full development of the proposed use in a manner not detrimental to the.: particular area nor to the'peace, health, safety; and general welfare;' (d) That the traffic generated by the proposed use will not impose an undue burden' upon the streets and highways designed and improvetl to carry the traffic in the area;' and (e) That the granting bf the conditional use permit under the conditions imposed, if any, will not be detrimehtal to the peace, health, safety and general welfare of the citizens of the City of Anaheim: RECOMMENDATION: (24) Staff recommends that; unless additional orbontrary information is receivedduring the hearing, and based upon the evidence submitted to the Commission, including the evidence presented irt,this staff report, andioral and written evidence presented at the public hearing, that the Commission, take the following actions: (a) i By, motion, determine that the project is Categorically Exempt under Section 15301, Class'3 (Construction or Conversion of Small Structures)of the CEQA Guidelines. (b), By motion, denv waiver (a) pertaining to required. setback for institutional uses adjacent to rosidentialzdnrs since'construction of a 6-foot highblock wall with an additional 2- feet ofwrought iron wouldgive the property the`appearance of a "fortress" and detract from the aesthetics of the neighborhood. This would also'not provide adequate buffering for the house to the north, Further, there are no; special or unique circumstancespertaining to the property that would make compliance with this Code requirement difficult. (c) ey motion, denv waiver (b) pertaining to maximum fence height because the waiver has been deleted. (d)-, By resolution, denv' Conditional Use Permit No:2002-04631 (to permit an accessory multi=use sports'court in cohjunction with an existing church) based on the following: (i) That the proposed use would adversely affect the adjoining land uses i particularly by the increase innoise and'activity notlconsistenfwith a residential setting. I The court would be situated approximately five feet from residential windows, separated bniy by a'six foot block wall topped with 2 feet of wrought iron. (ii) `That the size and shape of the'site for the proposed multi-use sports court is not adequate to allow the full development of the proposed use ih a manner not detrimental to the. particular area because there is no ability to'adequately buffer the proposed use from the surrounding residential uses, for the peace, health, safety; and genera( welfare of the neighborhood. Page 7 Staff Report to the Planning Commission February 10,2003 Item No. 2 (iii) Tftat granting;of the conditional use permit under the conditions imposed would be detrimental to the peace, health, 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' COMM ITTEE AND ARE' RECOMMENDED FOR: ADOPTION BY THE '< PLANNING COMMISSION IN THE EVENT THATTHIS' PERMIT ISAPPROVED 1. That the multi-use sports court shall only be utilized in conjunction with church sponsored activities. .Should the church cease operatioh`in this location, this conditionalUse permit shall immediately become Wulf ®nd void. 2. That the hours of operation of the sports court shall be limited from 12 noon to dusk, daily. Access to the sports court shall be controlled through he church property and monitored by church personnel and shall notbe used fdr adult sports activities. 3. That at no time shall there be any lighting of the sports court. 4. That at all times during multi-sports court events, an employee or church representative 18 years of age: or older ih supervisory capacity shall be present and responsible far ensuring proper conduct on and around the court. 5. That a decorative six (6) foot high masonry block wall with two (2) feet of decorative wrought iroh for a maximum height of 8 feet, shall be constructed on the north and east property lines of the multi-use sports court. -Said wall'shall be planted and`irrigated with minimum 1-gallon: vines planted on maximum 3-foot centers: Said information shall be specifically shown on plans submitted for Zoning Division approval. 6. That four (4) 24-inch box: sized broadheaded evergreenltrees shallbe planted and maintained on the east property line immediately adjacent to the' block wall: Said information shall be specifically shown on plans submitted for Zoning Division approval. 7, That the on-site landscaping and irrigation system shall' be maintained in compliance with City standards. 8. That one (1) 24-inch box sized Queen Palm (Syagrus romanzoffiahum) shall be planted and maintained in the parkway adjacent to Claudiha Street Said information shall be specifically shown on plans submitted for Community Services Department, Urban Forestry Division approval. 9. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance'removalof trash or debris, and'removal of graffiti within twenty-four (24) hours from time of occurrence, 10. That subject property shall be maintained substantially ih 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 Exftibit No. 1`and as conditioned herein. 11. That prior to commencement of the activity authorized by this resolution, 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 Nose. 5, 6, and 8, above-mentioned; shall be'compiied with. Extensions for further time to complete said'conditions may be'granted in accordance with Section 18:03.090 of the Anaheim Municipal Code. Page 8 Staff Report to the Planning,Commission February 10, 2003 Item No: 2 12[ That prior io commencement of the activity authorized by thisYesolution or final building and zoning inspections, whichever occurs first, 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 Code and anyother applicable City,,State and Federal Yegulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance; regulation o~ requirement. Page 9 ATTACHMENT - ITEM N0. 2 PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) SECTION 4 REQUEST FOR WAIVER OF CODE SECTION: 1 §.27.050. 030 (A separate statement is required for each Code waiver) PERTAINING TO: Expanbton o~S an ex.r_6#tnq Church #o .inePude a muQ#i-u6e bpon#b ~ 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 at a decision, please answer each of the following questions regarding the property.for.which avariance is so~~aht, fully and as completely as possible. If you need additional space, you may attach additional pages. Are [here 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: The phopen#y ~1.6 Coca#ed 6 e#ween an ex.ib#~.ng b~.ng~e-~amcPy aeb~.dence an a c uh.c comp ex w .cc own. P_ wou .t iL #O <.nC u e ~ W[. a Re6 0 ouh phopen N art u6e 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 property? X Yes _ No Ifyour answer is "yes," describe how the pproperty is different: u1e wouEd X.cke #o change the zone gaom RS-5000 #o RS-5000 P -C #o ma#c # e neb# o ouh paopen#y. 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 have the effect of granting a special privilege not shared by other property in the same vicinity and zone which is no[ otherwise expressly authorized by zone regulations governing subject property. Use variances are not permitted. ~~Q i0 U~'L Signature of Property Owner or Authorized Agent Date DECEMBER 1?, 2000 CONDITIONAL USE PERMITNARIANCE NO. uK B~UP FJO. 2~~2 - ~ I.0 3 1 I TEAL N0. 3 J ~ ~ a oU W m' SALLIE LN oU < ~ ° o~ RS-A-43,000 ® ' I I 1 RS-5000 ~~ K~ 1 DU EACH '" ~ m ~ RS-7200 V-833 _ N ~ ^ 1 DU EACH 0 0.F D . . RS-7200 RS-10 000 , 1 DU EACH TTM 16465 .RCL 2002-00085 SUMAC LN 58-59-2 = CUP 2002-04635 °0 4 - GPA 2002-00406 ~ W - CUP 88 ~ o CUP 3045 RS-7200 LEARNING 1 DU EACH CENTER ~ F m N I I'r1'-~ Z RS-7200 -1 DU EAC O 7 M ~ 1 DU F?,CH ~ 1 DU EACH RC 90.9 -1 CL ~ ~ W RCL B9-90.23 60-67-72 CL 90.91-6 SB-59-2 ~ - (Ras. of InL m CL) 62-63-103 U ¢ w 62-6&b5 T-CUP 58-59-2 ° U m (Res o11nL a CL1 2001- CUP 2673 5&58-2 04496 DUTCH 6us1.59 CUP 4098 CLUB CL CUP 3299 .CHURCH CUP 3214 6L62.1B YAR 4169 INCOME CONDOMINIUM TAX 20 DU I (~-1so~ 1sD~-~ KATELLAAVE °] O I-'-~ 5&59-68 CL RCL BC4~9542 ~ TACO CL CL REAL SB-59-68 CUP not qa U I ^- I ' I~ { 1 ~ I 65-66-105 CUP 1892 BELL 58-59.68 ESTATE' VACANT VAR 404 1 I ~ RS-A-03,000 U ~ I-_ ANCE ' ~ READER Sfi-57-00 CUP 1621 REST. RCL 91-9242 p CUP 4780 CUP 1139 N CL -CUP 4107 CUP 921 v) 58-594iB (Res. of Inl w CO I--- CUP 3499 CUP 3426 V-3569 W VACANT EAT EST E CUP 3846 V-3126 S CL -1 CUP 3741 V-3127 6 CUP 1139 = ~- CUP 3685 V-3023 S CUP 1021 °o U m 4 CUP 3587 V-976 5 N W CUP 1990 V-820 5 ? RS-7200 ~ ~ ~' 1 DU EACH EUCLID SHOPPING CENTER General Plan Amendment N0. 2002-00406 Suhject Property Reclassification No. 2002-00085 Date: January 13, 2003 Conditional Use Permit ND. 2002-04635 Tentative Tract Map No. 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 FROM THE COMMERCIAL PROFESSIONAL DESIGNATION TO THE LOW-MEDIUM DENSITY RESIDENTIAL DESIGNATION. RECLASSIFICATION NO. 2002-00085-REQUEST RECLASSIFICATION OF THE SUBJECT PROPERTY FROM THE RS-10,000 (RESIDENTIAL, SINGLE-FAMILY) ZONE TO THE RM-2400 (RESIDENTIAL, MULTIPLE-FAMILY) 20NE, 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 SINGLE-FAMILY RESIDENTIAL DEVELOPMENT AND (F) MINIMUM REQUIRED RECREATIONAL LEISURE AREA. TENTATIVE TRACT MAP NO. 16465-TO ESTABLISH A 1-LOT, 76•UNIT ATTACHED RESIDENTIAL AIRSPACE CONDOMINIUM SUBDIVISION. 1597 West Katella Avenue 523 '+3a. CEOANEGATI~ 3b. GENERAL PLAI 3c. ; RECLASSIFICA 3d. WAIVER OFCC 3e. 'CONDITIONAL i 3f. TENTATIVE TR 3g. CITY COUNCIL SITE LOCATION (1) 'This rectal of Katella , `centerline REQUEST: (2) ;°The petitic General f General l the Low-i' Reclassif (Resides intense z~ Condition residenti with waive (a) SECT (b) SECTION NO 18.06.050.0121 '- (c) SECTION NO. 18.32.062.012 ` d SECT ON NO O I .18.32.062.020 maania (DELEI sr1109cw Staff Report to the Planning Commission February,l0, 2003 Item No. 3 (Motion) (Resolution) (Resolution) (Motion) <(12esolutlon)'' `(Motion) (Motion) ~ontage of 150 feef on the north side is located 160 feet east of the nue). ~d the Land Use Element of the ~mmercial Professional designation to rraperty from the RS-10,000 ;sidehtial, Multiple'-Family) or less :t a residential 16-unit attached of Code: Section No. 18.32:050.045 private street standards 1) camber of required parkino spaces 1) structural heioht within 150 feet of a ilv residential zone (1-storypermitted :et of asngle-family residential zone 2-story dwelling units proposed 24_30 ie singletfamily residential zone o the north.) site cove~aoe 1) Page 1 (e) S (~ TEN' asp 'BACKGROUI i (3) This i to allc conce (4) This p Geiser uses. (5) The fo (a) Cc aP ? fiv 19 '19 (b);Cc Cc ghl (6) Surrou Staff Reportto the Planning Commission '' February 10 2003 Item No. 3 CTION NO. 18'.32.063.024 Minimum landscape setback abutting single- :family residential develbpmenf20-foot wide fully landscaped setback required; 0 to`24 feet proposed along the north property line. CTION NO. 18:32.063,030 Minimum reduired recreational leisure area i(DELETED) ~TIVETRACT MAP NO. 16465-to establish a 1-lot, 16-unit attached residential :e condominium subdivision. ): m was continued from the January 13, 2003, 'Planning Commission meeting the'petitioner time to work with `staff on overall site'planning and design u. perty is developed with a vacant preschool and is zoned RS-10,000.'She Anaheim PIanlLand Use Map desigrtates this property fog Commercial Professional land ~wingzoning actions pertain to this property: ditional Use Permit No. 3045 (to permit an addition to an existing preschool) was ~oved`on Augustly, 198&Subsequent to this approval the Commission granted requests for extension of time to comply with conditions of; approval on May 21`, 7, September 10, 1990, September 23, 1991, August 24, 1992 and September 20, 3. This entitlement is no longer being'exercised and should be terminated. ditional Use Permit No. 88 (to permiYa preschool) was approved by the :m lccinn nn Nnvomhcr 7 ~ ORh TF.io-e..ti/le~.r,R'..I i...... L..:._. 1...:.... "..._-_.__.:. __-, Direction Land Use Zoning General Plan Desi nation North Sin le-Famil Homes: RS=7200 LowDensi Residehtial' Low-Medium'Density East :Condominiums RM-2400 iResidential 'South, (across Katella Avenue Offices CL General Commercial. '!Law Density Residential West rSin le-Famil Homes: RS-7200 and General Commercial GENERAL PLAN AMENDMENT REQUEST: (7) The' petitioner requests an amendment to the Land Use Element Map of the General Plan to7edesignate'this property from the Commercial Professional land use designation to the Low-Medium Density Residential land use designation. .Page 2 Staff Report to the 'Planning: Commission February 10, 2003 Item No 3 (8) The General Plan provides an official guide for future development within'the City and is cintended to promote'an arrangement of land uses, franspdrtatron services and other public services,'which provide orderlyidevelopment and adequate provision for public `improvements. Since the initial adoption of the General Plan,. the Planning Commission and City Council have viewed the General Plah as being flexible with the specified ranges. This idea is reflective of3Fte introductory text of the General Plan tent, which reads as follows: "The Anaheim General Plan is not a precise plan and does not show, nor intend to show, the exactland use pattern which will in fact occur. Instead, ft indicates the:. general location of 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 Cfty objectives, principles'standards; proposals and policies and provides a basis from which decisions relating to' pecific land use proposals can he made° (9) .The following is a comparison of the existing Commercial Professional land use designation and the proposed Low-Medium. Density 1esidential designation. ADOPTED GENERAL PLAN F,CISTING Typical Density': Potential Estimated Land Use Approximate!: Implementation Range Dwelling Units ' Average Daily Designation ::Acres Zone ! (DU's per (Avg. -Max.) Trips (ADT) ::Gross Acre Av . oMax. Commercial 1.07 CO N/A > N/A 257 Professional (10) The existing Commercial Professional land use designation is intended to specify those j areas where a strong trendfior he development of unified centers is evident and where 1 .;policies have been established in connection with zoning cases for the development of professional office facilities. Commercial-Professional uses are less dependent upon walk- `in trade titan are most commercial developments:Typical commercial professional uses include medical, dental and legal offices. PETITIONER'SPROPOSAC EXHIBIT A Typical Density `; Proposed Estimated Land Use Approximate Implementation Range Dwelling Units': Average Daily Designation Acres Zone (DU's per Avg. to Max. Trips',{ADT) 'Gross Acre Av :'to 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 74-19 112-152 Residential (11) !The proposed Low-Medium Density Residential lantl use designation is intended toprovide !for and encourage the develcpment of detached, 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 typicallyimplemented by the RS-5000 (Residential, Single-Family);. RM-300Q and RM-2400 (Residential, Multiple- Family) zones. The Low-Medium Density Residential land use designation would permit a `theoretical maximum of up to 19 units at a density of 18 dwelling units per' gross acre for `this property. Page 3 Staff Report to the Planning Commission February 10;2003 Item No. 3 ;, (12) Staff believes,that the Low-Medium Density Residential land use designation is appropriate focthis property as a continuation of the'adjacent condominiums. to the eastand an appropriate transition from the single-family neighborhood to the west. DEVELOPMENT PROPOSAL: (13) The' petitionerproposes to develop this parcel as a 1-lot; 16-unit attached cohdominium subdivision. The tentative map and'revised site plan (Revision No 1, ExhibitNo.1) indicate that access to the development would be provided by arprivate street from Katella Avenue. Each residence would include atwo-car garage and 16 parking spaces would be provided adjacent to the dwelling,units. No entry gates'are proposed. (14) Revised plans show four condominium buildings, two on each side of the private drive; Each building is designed to face the private street and would contain four units. The site plan also shows a sidewalk on both sides of the private'street, broken up by,the garage; fronts. Plans indicate'the following project characteristics: .Code Standards Code Requirements':, Proposed Project Density 19 units@ maximum 18 DU's 16 units@ 15 DU's pefacre er acre S Lot Covera a 40 ercent maximum.' 40 ercent 1-story permitted within.50 feet 2-story dwellingpnits Structural height of asingle-family zone proposed 24-30 feet from the bouhda single-famil` ions bounds Parking Spaces Minimum 48 parking spaces; ' 48 parking spaces, 32 s aces covered 32 s aces covered. Minimum'2l) feet landscaped; 'Setback adjacent to Katella Avenue one tree per 20 linear feet (8 20 feet, landscaped planter trees with8 trees Minimum 20 feet landscaped; 24 feet, landscaped planter Setback adjacent to north property line one tree per 20 linear feet (8 and trash truck turnaround sin le-famil homes trees with 2 trees .Setback adjacent to east property line Minimum 10 feet; no ` 10 feet a artmentbom lex ! < landsca`in re wired Minimum 20 feet landscaped; Setback adjacent [o west property line one tree per20 linear feet (16 20 feet, landscaped planter sin le-famil homes (; trees with 10 Vees Recreational Leisure area Minimum 12,000 square feet 13,744 square feet total - total - 750 s ware feet ec unit '.859 s ware feet er whit ' Attached,.detached andsemi-attached condom(niums are permitted in the RM-2400 Zone, subjecttp theapprovatof a eonditlonal use penult aritl are further subject to the: site development standarcls of the RM3000 Zone;:' {15) The revised floor plan (Exhibit No. 2) indicates all units are two-story, 3 bedroom, 2.5 bathroom units and are 1,510 square feet, All units'have an identical first floor and second floor: The first floor plans indicate'a 2-car garage, kitchen, Living/dining room, and half bath. Plans show the second floor of each unit with 3 bedrooms, 2 bathrooms, walk-in closet, family room and a balcony. Entrance to the units is gained at the carport into the living room'or from the garage. The floor,plan also Page 4 Staff Report to the Planning;Commission February 10, 2003 ltem No. 3 shows a patio and balcony for each of the units. Code requires a minimum of 950 " quarefeetforthree-bedroom units. (16) The revised elevation drawing (Exhibit No. 2) shows the front elevation of the units faces thee: private driveway. The driveway elevation shows a building'cluster (four units) with decorative window shutters, the accents, and outdoor wall mounted light fixtures visible to the private drive and'decorative columns at the main entrance to each unit. The driveway elevation also shows two carport parking spaces covered by the second floor living area and deck above. Vehicular and pedestrian access to the i units is gained directly from the private drive. Elevation drawings for the south building elevation'(facing Katella Avenue) show quare paned windows with shutters 'an the first and second floor and horizontal 6artding. Elevation drawings for the rear building elevatiort(facing the exterior tot lines) show chimneys, square paned: windows with shutters, decorative wall'mounted'!light fixtures and sliding glass `doors to provide access to the patio. ENVIRONMENTAL IMPACT ANALYSIS: (17) :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 environmehtal impact and, therefore, :recommends that a .Negative Declaration be approved upon a finding by the Planning 'Commission that the'NegativelDeclaration 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 anycomments received that there is no substantial evidence that the project wili have a significant effect on the'environment. GROWTH MANAGEMENT ELEMENT ANALYSIS: (18) The proposed project has beenireviewed'by affected. City departments to'determine 'whether ifconforms with the Citys Growtfi 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: (19) ,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 General Plan' designation of Low-Medium Density Residential. Staff feels that the RM-2400 Zoneris compatible with the adjacent condominiums to the east and an-appropriate transition to the single-family homes to the north and wesf. (20) ,.Waiver (a) pertains to minimum private street standards. This waiver has been deleted. (21) ,.Waiver (b) pertains to minimum number of parking spaces. This waiver has been i deleted. (22) :Waiver (c) pertains to maximum structural height within 150 feet ofsingle-family cone. Code limits the heightof multiple-family structures to one-storv withinSO feet of asingle-family residential zone boundary. Further, Code permits wo-story. buildings' no closer than 50 feet provided that plans indicate no visual intrusion upon the single-family residentia(zone boundary. Plans indicate atwo-story building within 24_30 feet of`a single-family residential zone to the north and 50 feet from the Page 5 '' Staff Report o the Planning Commission ' February 10;'2003 Item No. 3 single-family cone boundary along the west property line. The intent of this `section, requiring a greater setback from the single-family boundary,(is to insure that a higher density/attached product does not intertere on the privacy or enjoyment of the adjacentsingle-family neighborhood. The revised plans indicate two buildings with four units each, setback 30 feet from the single-family zone to the'west and: the end of two building clusters setback 24 feet from the single-family zone to the north. Staff feels that the revised plans. demonstrate a project with less building mass'and greater articulation that is more conducive to the surrounding development and' therefore, recommends approval this waiver. (23) Waiver (d) pertaining to maximum lot coverage has been deleted. (24) Waiver (e) pertains to minimum landscape. setback abutting asingle-family residential development. This project abuts single-family homes to the west and: north property lines. Code requires a minimum 20 foot landscaped setback with+ trees planted 20 feet an center for a total of 16 treesalong the west property line and 8 trees along the north. property inc. Plans indicate `a 20-foot:wide landscape setback witk 10 trees along the west property line and a 0 to`24 foot wide landscape setback with2 trees along the north property line. Revised plans indicate a fully landscaped setback along the west property line; however, revised plans still indicate that the trash truck turnaround encroaches'into the required landscape setback along the north property line. The,petitioner states that this waiver should be approved because the property depth and width create a design hardship. Staff feels that the intent of this waiver is to buffer more massive higher density attached housing from single-family neighborhoods and that'revised plans demonstrate a less dense attached product that is more conducive to the surrounding' development. Staff recommende`aoproval?of this waiver. (25) Waiver (f) pertaining to minimum requiredYecreational leisure area has been deleted. (26) Staff is supportive of the General Plan amendment and rezoning to permit residential condominiums on this;property.'iThe petitioner has been cooperativelyworking;with staff to eliminate waivers and to'create a more livable project..: Staff appreciates the revisions made to the proposal which creates a more livable environment by creating more landscaping and less paved'area andbreaking up the mass of two eight unit buildings and creating,four smatter, Tess dense buitdings designed with four units. Staff has one remaining desigh'concern with regard to the covered carports. The. plans indicate the carports would be covered by family room and balcony on the second floor. Staff recommends that. the family room on'the second floor be deleted from the floor plan so that the balcony would: be accessed from'the second floorbedrooms. The design change would recess the: building and would provide more natural Jight for the main entry of each unit. The'Commission maywish to note that7evised plans show the following changes to the;proposat:' • Created more open space/recreation area for future residents. ` ` • Relocated the main entrance along he private drive and eliminated the ; awkward "parking garage." • Designed landscaped pockets between the units to buffer the units from the pavement. Page 6 Staff Report to the Planning Commission February 10, 2003 Item NoJ3 a Eliminated the "podium" or deck on which the units were placed, created more landscaping and decreased paved'areas by breaking up the building 'mass by designing: the sixteen units into four smaller less dense buildings. The numberbf waivers has been reduced from six to two. FINDINGS: (27) :When practical difficulties or urtnecessary hardshipsresult 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 oommonly enjoyed by; other properties in tfie same vicinity andfzone, The sole purpose of any code waiver into prevenfdiscrimination and none shall be'approved'which would have'the effect bf granting a special privilege not shared by other similar properties. Therefore, before any :code waiver is granted by the Planning Commissiod 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 identicallyzoned properties in the vicinity;: and (b) That strict application of the Zoning. Code deprives the property of privileges'enjoyed by other properties under identical zoning classification in the vicinity. (28) ;,Before the Planning Commission grants any conditional use permit, it must make a finding of fact that he evidence presented shows that all of the following conditions exist: (a) That the proposed use is property one for which a conditional use permit is authorized by,the Zoning Code, or hat 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 whicfi 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 developmentof the proposed use'in a manner not detrimental to the particular area nor to the peace, health'safety, and general welfare; (d) That the traffic generated by the proposed use will not impose an`undue burden upon the streets and highways designed and,improved'to carry ifie traffic in the area; and (e) That the granting of the'conditionaf use permit under the conditions imposed; if any, will not be detrimental to3he peace, health„safety and general welfare of the' citizens of the;City of Anaheim. (29) The State Subdivision Map Act(Govemment Code,Section 66473.5) makes it mandatory to include'in all motions approving, or recommending approvaGof a tract map, a specific finding that the proposed Subtlivision together with its design and improvement is consistent with the City's General Plan. ' Further, the law requires that the Commission/Council make any of the following findings when denying or recommending denial of a tract map: Page 7 Staff Report to the Planning Commission February 10 2003 Item No. 3 1. Thafthe proposed map is not consistent with applicable General and Specific Plans 2. That the design or improvement of the proposed subdivision is not consistent with applicable General and Specific Plans. 3. That the site is not physically suitable for the type of development. 4. That the site is not physically suitable for the proposed density of development. 5. That the design of the subdivision or the proposed improvements are likely to causesubstantial environmental damage or substantially and avoidably injure fish orwildlife ortfieir habitat f 6. That}he design'of the subdivision or the type of'improvements is likely to cause serious public health problems. 7. That the design of the subdivisicn or the type ofiimprovements will conflict with easements, acquired by the publicatlarge, for access through or use of property within the proposed subdivision. RECOMMENDATION: (30) Staff recommends that unless additional or contrary information is received during the meeting, and based upon the evidence submitted to thelPlanning"Commission, including the evidence presented in this staff report, antl oral and written evidence presented at the public hearing;that the Commission: by motion', continue this item to the March 10, 2003, meeting in order to eliminate the second floor family room. Should Commission wish to act on this item,'staff recommends the following,actions: (a) ' By motion, aoorove the CEQA Negative Declaration. (b) By resolution, recommend approval of General Plan Amendment No. 2002-0046 to redesignate this propertyfrom the Commercial Professional designation to the Low-Medium Density Residential designation by adopting Exhibit A. (c) By resolution, aoorove Reclassification No. 2002-00085 to reclassify this property.. from the' RS-10.,000 (Residential, Single-Family) zone to the RM-2400 (Residehtial, Multiple-Family) zone because this zone would be'consistentwith the'proposed GenecalPlan designation ofow-Medium Density Residential as well'as adjacenE housing iievelopments to the east along Katella Avenue. (d) By motion, denv waivers pertaining to (a) minimum private street standard, (b) minimum number of required parking spaces, (d)(maximum''site coverage, (f) minimum required tecreational leisure area and aoorove waivers pertaining to (c) maximum structural height within 150 of asingle-family resitlential zone and (e) minimum landscape setback abutting asingle-family residerttial development based on the'following: i (i) That waivers (a), (b), (d) and (f) should be denied because revised plans have eliminated the need for these waivers. (ii) That waivers (c) and (e) should be approved based on the special circumstances `of this property due td itslocation being surrounded on two sides bysingle-family Page 8 Staff Report to the Planning.Commission `'February 10, 2003 Item No: 3 residential'zones ahd the long, narrow shape of the lot making'compliance with" these Code standards difficult. (e) By resolution, approve Conditional Use Permit No. 2002-04635 (to'construct a 16- unit'attached :residential: condominium subdivision) based on the`following: (i) Thatthe attached condominium subdivision is'properly one for which a conditional use permit is authorized by the Zoning Code..'. (ii) That the attached condominium subdivision as designed Wand conditioned herein would not adversely effect the adjoining' and uses`and the growth and development of the area in which it is proposed to be located. ' (iii) That the size and shape of the site for the attached condominium subdivision is'adequate o allow thefull development of the 16 units in a manner not detrimental o the surroundingFesidential neighborhoods. (iv) That the traffic: generated by the attached condominiumsubdivision would notimpose anUndue burden upon the streets'and highways designed and improved to carry the traffic in the area. (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 ofMaheim. i (f) By motion, approve Tentative Tract Map No. 16465 to establish a 1=lot, 16-unit attached condominium subdivision since the design and improvement of the { proposed subdivision would be consistent with. the General Plan land use designation ofLow-Medium Density;ResidentialS (g) By motion refer to City Council items 3c., 3d., 3e. and 3f: to be considered with their mandatory review of item: 3b. THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS AN INTERDEPARTMENTAL COMMITTEEAND'ARE RECOMMENDED FOR ADOPTION BY THE PLANNING COMMISSION IN :THE EVENT THAT THIS RECLASSIFICATIONISAPPROVED. 1. That approval of Reclassification No: 2002-00085 is contingent upon: approval of GeneraLPlan Amendment Noi 2002-00406 by the City Council. 2. That prior to introduction of an ordinance rezoning subject property, a preliminary title report shall be furnished to the Zoning. Division showing theJegal vesting of title, a legal descriptionand containing a map of the property. 3. That the legal property owner shall submit a letter to the Zoning Division requesting termination of Conditional Use Permit Nos. 88 (to permit a preschool) and 3045 (to'permit an addition to'an existing preschool) to the Zoning Division. 4. That prior to placement of an ordinance rezoning subject property on an agenda for City Council consideration, Condition'Nos. 1, 2 and 3, above-mentioned, shall be completetl The City Council may: approve or disapprove a zoningordinance at its discretion. If the ordinance is disapproved, the procedure set forth in Anaheim Municipal Code Section 18.03.085 shall apply. Theprovisions or rights granted by this resolution shall become null and. void by action of the Planning > Page 9 Staff Reportto the Planning Commission February 10;.2003 Item No. 3 Commission unless'said conditions are completed within one (1) year from the date of this resolutiort, or such further time as the Planning Commission may grant. 5. :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..: Approvaf does not include any; action or findings as to compliance or rapproval`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 EVENTTTHAT CONDITIONAL USE PERMIT NOi2002-04635 IS' '' APPROVED. 1. That the developer shall plant 24-inch box sized Liriodendron Tulipifera trees on 40-foot centers cin the parkway. Minimum width of parkwayltree wells shall be!5 feet. The entire parkway shall be rirrigated by a system supplied from the development and said information shall tie shown on ::plans submitted forbuilding permits. 2. That gates shall not be installed across any driveway or private street in a manner which may: radversely(affect vehicular traffic in the atljacent public street. lhstallationof any gates shall conform to Engineering Standard Plan No. 609 and`all driveways on Katella Avenue shall be :`constructed with ten-foot radius curb returns as required by City Engineering Standard 137.' Said :;'requirements shall tie subject to the review and approval of the City Traffic and Transportation Manages`' Said information shall be specifically shown on plans submittetl for building permits. 3. sThat an on-site trash truck turn-around area shall be provided per Engineering Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. 'Said turn-around area shall bespecifically hown on plans submitted fore: building permits. 4. 'That the property owner/developer shall install street lights onl(atella Avenue and within the project as,required`by the Electrical Engineering Division. A bend for the installation of the street 'lights shall be posted with the City of Anaheim prior o issuance of building permits.:' The street ;.lights shall be installed prior to'occupancy. 5. 'That any required relocation of City electrical facilities shall beat the developer's expense. That 1landscape andlor hardscape Greening of all pad-mounted'equipment shall be required and shall be shown`on plans'submitted for building permits. 6. That the locations for future above-ground utility devices including, but not limited to, electrical :'transformers, water backflowdevices, gas, communications and cable devices, etc?, shall be! shown onplans submitted for building permits. Plans shall also identifythe specific screening treatmepts of each'device (i.e landscape:. screening; color of walls, materials, identifiers, access points, etc.) and shall be subject to the review andapproval of the appropriate City departments. T. :That all backflow equipment shall be located above ground outside of the street setback areal in a manner fully screened from alf 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 Water Engineering Divisionjn either underground vaults or .'outside of the streetisetback areas in a manner fully screenedfrom all public streets and alleys. Said information shall be shown on plans and approved by Water Engineering and: Cross Connection Controf`Inspector before submittal for building permits. Page 10 'Staff Report to the PlanningCommissioh February 10, 2003 `Item No. 3 8. That since this project has landscaping area exceeding 2,500 square feet, a separate irrigation ` meter shall be installed and shall comply with City Ordinance No. 5349 and Chapter 10.19bf the Anaheim Municipal Code. Said information shall be shovm on plans`submitted for building permits. 9. That trash storage areas sfiall 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 tie designed to be architecturally compatible with the design of the!residences, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by he use dfplant materials such as minimum 1-gallon size clinging vines planted on maximum 3-foot centers or tall sfirubbery. Said information shall'tie specifically shown' on the plans'submitted for building permits for Planning Department and Public Worksbepartmertt, Streets and Sanitation Division approval, 10. 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, 11. ' That roll-up garage doors shall be shown on plans submitted for building permits. Said doors shallbe installed and maintained as"shown on submitted plans. 12. That all air conditioning facilities and other ground-mounted equipment shall be'`properly shielded from Giew and the sound buffered from adjacentresidental properties. Such information shall be specifically shown on the plans submitted for building permits. 13. ! That all plumbing or other similar pipes and fixtures located on the exterior of the building hall be fully screened by architectural devices and/or appropriate building materials. Said information shallbe specifically shownon the plans submitted for building permits. 14. That the property shall be permanently maintained in an orderly fashion by providing regular landscape. maintenance,. removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time'of occurrence. 15.' That clothes washer and dryer hookups shall be incorporated into each condominium dwelling unit and shallbe shown ort the plans'submitted for building permits. 16. That a final landscape and;irrigation plan for sutiject properly shall be submitted to the Zoning Division for review and approval. Said landscape plans shall show minimum 24-inch boxsized trees; shrubs, g~oundcover and vines to be planted in layer's in common areas and trees on maximum 20-foot centers along the north (exclusive of turnaround) and west property lines. A total of eight (8) rees shall'also be planted adjacent to Katclla Avenue. Any decision made by the Zoning Division regarding said plan may bejappealed td the Planning Commission and/or City Council. All trees shall be properly and professionally maintained to ensure mature, healthy growth. 17.< That this Conditional Use Permit is granted subject to adoption of a zoning ordinance in r connection witH Reclassification No. 2002=00085 and the'recordation of Tentative Tract Map No. 16465, now pending. 18. That prior to application for water meters, fire line or submitting the water improvement plans for approval, the developer/owner shallsubmit to the Public Utilities Water Engineering Division an estimate of the maximum fire flow rate and maximum dayand peakhour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system improvements required'to serve :.Page 11 Staff Report o the Planning Commission February 10 2003 Item No. 3 the project shall occur in accordance with Rule Na 95A.6 of the Water Utility Rates, Rules acid Regulations. 19. 'That all requests fornew water services or fire lines, as well as any modifications, relocations, or abandonment of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Ahaheim Puolic Utilities Department. 20. That priorSo 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 approvetl City Attorney shall tie posted with the City of Anaheim. 21, That the streets, sanitary sewers, and storm drains within the development shall be privately .:.maintained, 22. That final precise floor plans and finalprecise elevation plans shall be submitted to the '.Zoning Division for review and approval. Said floor plamshail delete the family room from the second floor to recess the building line and'create semi-covered parking'spaces.Sald `elevation: plan shall show additional architectural enhancements incorporated into the' ';project. Any decision by the Zoning Division may be appealed to the Planning Commission as a Reports and Recommendations item. 23. :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 ExhibitNo. 1, ano as conditioned herein. 24. That prior o issuance of a building permit, or within a period of one (1) year from the date of this `resolution; whichever occurs first, Condition Nos. i,i2, 3, 4, 5; 6, 7, 8, 9, 10, 11, 12,::13, 15, 16, 17, 18 and 22, above-mentioned, shall be complied with. Extensions for further time to complete 'said conditions maybe granted in accordance with' Section 18:03.090 of the Anaheim Municipal Code. 25. That priorto final building and zoning inspections, Condition No. 23, above-mentioned, shall be complied with. 26. .That approval of this'applicatioh constitutes approval of,the proposed request only to the extent lthat It complies with the Anaheim Municipal Zoning Code andany otherapplicable City, State'and Federal regulations. ;Approval does not include any; action or findings asao 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 1NTERDEPARTMENTALCOMMlTTEE AND ARE RECOMMENDED FOR ADOPTION`BY THE 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 includeprovisions 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 Yecorded concurrently with the final map, 2. That all existing structures shall tie demolished or relocated off-site. The developer shall obtain a demolition permit fromthe Building Division; 3. That the developer shall submit streek improvement plans to the Public Works Department, Development Services Division and a bond'shall be posted to'guarantee that Katella Avenue shall Page 12 Staff Report to the i Planning Commission February'10, 2003 < Item No: 3' be improved in accordance with the Circulation Element and es approved by the City Engineer. The improvement shall be constructed prior to final building and zoning inspection. 4. 'That all condominium units shall be assigned street'addresses and that the street name for the private street (if requested. by the developer or required by the Cityj shall be submitted to and approved by the BuildingiDivision. 5. That prior to approval of the final map or grading plah, whichever occurs first, the developer shall submifa Water Quality Management Plan (WOMP)'specifically identifying the post construction best management practices that will be used nn-site to eontrol predictable pollutants fromstormwater runoff. .The WQMP shall tie submitted to the Public Works Department, Development Services Division for review and approval. 6. That a tract map to record the division of subject property shall be submitted to and approved by the City of Anahetm and shallthen be recorded in the Office'of the Orange County Recorder:. 7. That the approval of Tentative Tract Map No. 16465 is granted subject Yo the approval and finalization of Reclassification No 2002-00085, General Plan Amendment No: 2002-00406 and Conditional Use Permit No: 2002-04635; now pending. 8. That the .City of Anaheim sewer connection fee shall be paid:' 9. That the,legal property owner shall irrevocably offer to dedicate to the City of Anaheim (Water Engineering Division) an easement twenty (20) feet in width'for water service mains and/or an easement for large'meters and other public water facilities. 10. `That the egal property owner shall provide the City of Anaheim with a six to eight foot wide .(exact width will vary with design) public utilities easement. Said easement shall be subject to the Electrical Utilities design for pad-mounted equipment. Said easement shall be submitted to the City of Anafielm prior to connection of electrical service. 1 L That prior to final tract map approval, Condition Nos.1, 2, 3, 4, 5, 7, 8, 9 and 10, above-mentioned, shall be complied with. 12 That approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and ahy otherapplicable City, Stateahd Federal regulations. Approval does not include'ehy action or findings as to compliance or approvalbf the request regarding any other applicable ordinance,'regulatioh or requirement. ,Page 13 L7 N m n .D 4~ n• D 3 Tl ~rt ~ n r 3 m m ~ rt O 7 $ 3 ~ ~ ~ O N O O A O O) KnoN St Western Ave. Beach Blvd. Bala Ave. Magnolia Ave. CI16ert St Brookhuret SL Nutaood SL Euclid St. Ninth St. West SG Nartor Blvd. Hanfer St Lerls Street State College BNd. V o~ ;O v v° o ``a z ,_, ~m `m 2a cm ,a ° ° `~ as ~ a a a ~a ATTACHMENT - ITEM N0, j t St em Ave. h Blvd. Ave. rolls Ave. rt St. khurat SL Id SL wr Blvd. on St St. e Ca/lege Blvd. Kraemer Bhd. Miller St Tustin Ave. JeNerson St a o S' ~° a ~ a 6 ~ v° 0 8 3. ~ o ° o ~ B o o g v s g ~ e a $ 5 ~ 5 .`" a a 9 ~ a 3 5 a s ATTACHFIEWT - ITEM N0. 3 EXISTING COMMERCIAL PROFESSIONAL LOW DENSITY RESIDENTIAL Z LOW DENSITY w w RESIDENTIAL o N SUMAC w 0 U LOW DENSITY RESIDENTIAL ~Q f- 0 p N O ~ _ GENERAL COMMERCIAL w ~Q- ~ N ~ ~ 0 Q Z ~ ~ O ~ . w z a - U ------ GEN. _ COMM. KATELLA LOW DENSITY RESIDENTIAL LAN E LOW-MEDIUM DENSITY RESIDENTIAL AVENUE (Major Highway) ACRES 1.07 GENERAL COMMERCIAL ~ N ~ GENERAL COMMERCIAL ww a! -----I-------------------a ~_-----~°_° -.____°- -~ I I~ m N l I ~ General Plan Amendment No. 2002-00406 Existing Figure 2 ATTACHMENT - ITEM N0. 3 EXHIBIT A ACRES LOW-MEDIUM DENSITY RESIDENTIAL z LOW DENSITY LOW DENSITY w~ LOW DENSITY RESIDENTIAL RESIDENTIAL z~ o ~ RESIDENTIAL S'U MAC LP,N E LOW DENSITY RESIDENTIAL Q ~ ~ i::'i` ~ ~ ciiliiiii: ~ W ~ W O .......;,. i i p ~' ~ fY i;; W Vl ;::;~:?;: ~ ~ ;: .:. z ..-:::,:::. - LOW-MEDI ~ ~~•~•~~••• ~ DENSITY RESIDENTIAL _ GENERAL GEN. W ":"~.'': COMMERCIAL COMM, : :..............__..._.._..._ KATELLA AVENUE (Major Highway) -_ I GENERAL COMMERCIAL __ 1.07 ~ ~ _ GENERAL COMMERCIAL ww J ~ mNi ®~ .®® ®~\.®~0® Generol Plan Amendment No. 2002-00406 Exhibit A Figure 3 01/02/2003 12:08 949-262-3246 MM LI.C~'CA~~~~~~ ~ v`2J4S PAGE 01 °~~ ~~ RECEI ED ° 4 ~ ~ ~~JF~A LP `.~. PLANN~ENT w~ _ _. ~ ~`, 9~; ~Uc6lG,. January 2, 2003 Mr. Alfred Yalda Traffic Engineer City of Anaheim Re: CUP 2002-(14635 Dear Sir: We are hereby requesting a waiver of item (b) minimum number of required parking spaces on CUP 20020463.5 cif four (4) parking spaces for the property located at 1597 West ICatella 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. Thank you for yourconsideration Very truly yours, 7 M. I3daiwi President of G.P. Nv?® ~/ J~00 3972 BAFRANCA PARKWAY STE. J-425, IRVINE, CA 92606 AT-FACNMENT - ITEM N0. 3 20'd "1H101 CTTX OF ANAREIivI CALIFORNIA Planning Tepartment NOTIFICATION OF PROPOSED RESIDENTIAL DEVELOPMENT hate: IO ` I~ - ~ An application has been Submitted to the City of Anaheim Planning -epartment to construct a _~-upnit residential project at: ~~ / ~ ~ ~"`1 T~ ~"i''4 ^ Apartment Project (N amber) (Street) ~/ ~l/Al'f a!~1~ 92p°OZ ~j Condominium Project (City) (Zip Code) ^ Siagle-fam[ly residential The aforementioned project is scheduled to be reviewed at the Planning Commission hearing. ApprovnUdenlal oz continuance of the development ~vill be deterruined at the . public•hesriag. Please attach any comments yon may have concerning the proposed development and sign this form so that the Planning Department is assured that the School Aistriet has been properly notified of this project. If you have any questions that cannot be addressed by the arplicant, please feel free to contact our office at (714) 765-5139. (AUthnrized Distrito Itepresentative) Anaheim Union High School District (School 17istrict) ~b 2v D2~-- (Dat Comments: 1'he project is located within the attendance boundaries of Loara School and Ball Jr Hiith•Schaol Presently both schools are operating beyond their existing capacities_ However the pro ect will have no overall impact oa the Anaheim IInion High School District if-the appropriate developer fees required by law are paid prior to project avproval City v[ Anaheim Planning Departure n[ 200 Soulh Angheim Aoidevard P•O. BOY 3222 x Anaheim, CA52so~ ' Phenc (71 d) 765-5139 FAl( (714) 765.5280 dxaAanfn6~+~fioatd's1F. CUP N0. 2002 ' 0 4 6 3 ---- -- --~ ~„pan ccaNl~nH asHflkf WOa~ T2:~t 2td02-82-1~0 Oct-1H-02 16:24 From-ANAHEIM ~ .SCHOOL FAC ANO OPERATIONS 7145178768 T-TIl P.01/01 F-058 ATTACHt1ENT - ITEM N0. 3 Department 1V0'~FICATION OF P120POSED IlZESIDENTIAL DEVELOPi~lEN'1' Dater / D_' ~7 '~ n Z An appUcation has been subntirted to the Ctty of Anahel[n PJaxufng Department to construct n ,1G -unit residential project at: ~.J Q ~ L/ kATc ~' i-~ ^ Apartment Project (Number) (Street) ~//~r~jF.~ 92 `dOZ ~Condominiuuii?~oject (City) (Zip Code) ^ Single-family residential The aforementioned project is scheduled to be reviewed at the Planning Cammtssion boating. 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)<'lanning Department is assured that the School District has been properly notified at this protect. If yon have any gnestioas that cannot be addressed by the applicant, please feel free to contact our office at (714) 765-5139. d '/-~-z lb \ t~ 1 ~ Z Representative) (Date) ~r~c ) L.~ C 1 -F[C .S C vivo L ~ IS'~. (Schaal District) - .." ;-~ Comments: ~ OVl 2 City of AUnhelm Planning Pepnr[mant Z88 South Anaheim Boulevard ' P.O. Box 3122 f- , Anaheim, CA92803 Phone (714) T65-5139 FAX (714) 765-5288 dsahening6tlmeld'etMr CUP N0. 2002 - 0 4 b 3 5 ATTACHMENT - ITEIi N0. 3 SECTION4 PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKJNG WAIVER) REQUEST FOR WAIVER OF CODE SECTION: ~ 3 a ~ 6 ~ ' ©c~-g !A crnarate statement is required for eaekt Code PERTAINING TO: ` I N -m m v - t rr ~~• N v -` ' ~ "' ~ - - .a,u„ 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 Adrninisriator or Planning Cotmission, 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 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 e~curnstances that apply to the property in matters such as size, shape, topography, location or surroundings? _ Yes _No. 1 I q If your answer is "Yes," describe~tke special circumstances: ~~aE~'`y W 1 O 1 H D ~ePTN ~RER-I E 1P ~ rua- -IL moat T u n e -c RRaw 0 ~ (3 A o, R~=PR-~SEI~t"ZS ~3°~° OF ~Ne PRGPERT`+. tft:D-SWE 2. Are the spectal ctrcumstances that apply to the groperry different from other properties in the vicinity w 'ch are in the same zone as your property? _ Yes x 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? i~Yes No answer if "y s," describe the ~F,~-,ti ~ ~~~-tc,~ r Nso 4. Were the special circumstances created by causes beyond [he control of the property owner (or previous property owners)? V Yes _ No _ EXPLAIN P The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved which wou have the effect of granting a special privilege not shared by other property in the same vicinity and zone which is not oche ~ e expressly authorized by zone regulations govemingsubject property. Use variances aze not pemtitted. t~~Z~~~~ Signature of roperty Owner or Authorized Agent Date DECEMBER 12, 2000 CONDITIONAL USE ]?ERMIT/VARIANCE N0. CUP fJO. 2002 - 0 4 5 3 ~ ATTACHMENT - ITEM N0. 3 SECTION 4 PETITIONER'S STATEMENT OF 7USTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED~iFOR PARKING WAIV~E1R) r~ REQUEST FOR WAVER OF CODE SECTION:{ o ` `~ ~ ' ~ G ~ " y ~ °~ ' (~ s`e'_parate sta'~t~gtment is re uired for each Code waiver) PERTAINING TO: mFt;Zltnum 5 i ~zuc. ~UR1}1.. ~~_H~ hi11Ni.J ~$)j I ~E J'r ~i„IgLt ter--- FFlmt~~ R~S~il~~t-tlr~t_ zs~ty ~ Sections 18.03.040.030 and 18.12. 60 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: 1. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply ro other property under identical zoning clazsification in the vicinity; and 2. That, because of such special cucums[ances, strict application ofthe 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 Cortunission to arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully and az completely as possible. If you need additional space, you may attach additional pages. 1. Are there special cJ'~ettmstances that apply to [he property in matters such as size, shape, topography, location or surroundings? V Yes _ No. ,,'l1 1't~oa~tZ,y w+tJ~H ~ DEt~'IN C.RER"fE If yn o <ans~ver is "Yes; ' describe,tl'ee special circurrsstances: - IP r+AIz-N -iL (Y100.t i 4th n ~ HE -c' r ttRr9iri: t O ~f ~` LUi-Saf RcPR~~tv~s ~3"3°~~ ~F`Ine ~t2ei~Ea-~y- 2. Are t}re special circurrtstances that apply to the property different from other properties in the vicinity w 'ch are in tht same zone az your property? _Yes ?t 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 answer if "yGs," describe the spe ial circumstances: :.~.-~V 1 nr-~tr-.i~ (1 ~ t~,C i (r~:hICC.CiC ~?C ~C~riSC. 4. The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved whit ~ould have the a granting a special privilege not shazed by other property in the same vicinity and zoi which is not o r u oozed by zone regulations governing subject property. Use variances are not permitted. U' ~U2~ Signature of Property Owner or Authorized Agent Da e DECEhIBER 12, 2000 CONDITIONAL USE PERMTPNARIANCE NO. CUP PJO. 2002 - 0 4 5 3 5 Were the sp sial cvcumstances created by causes beyond the control of the property owner (or previous property owners)? // Yes No ATTACHMENT - ITEM N0. 3 PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WANER (NOT REQUIRED FOR PARKING WANER) REQUEST FOR WANER OF CODE SECTION: SECTION 4 M(~ (A separate statement is required for each Code waiver) PERTAINING TO: e~i.\{~i t murvl ~ 11_\L Pt't~ cS~'i 1LCt? i ~"~A~U 17A~'~ 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 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 Z. 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 [o assist the Zoning Administrator or Planning Commission to amve 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 specia ircumstances that apply to the property in matters such as size, shape, topography, location or surroundings? _ Yes _ No. If your ~ytswer i~"Yes," describe 2. 3. 4. ~F~loaE4-~ . - =T-„ Are the special circumstances that apply to the property different from other properties in the vicinity which are in the same zone as your property? _ 1'es 7-C 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 wdthin the same zone? _Yes ~No ff your answer if "yes," describe the special circumstances: Were the special circumstances created by causes beyond [he control of [he property owner (or previous property owners)? _ Yes ~ No 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 permitted. Stgnatu of Property Owner or Authorized Agent Date DECEMBER 12, 2000 CONDITIONAL USE PERNIITNARIANCE N0. CUP r~0, 2002 - 0 4 6 3 ~ ATTACHMENT - ITEM N0. 3 SECTION 4 PETITIONER'S STATEMENT OF JUSTffTCATION FOR VARIANCEICODE WAVER (NOT REQUIRED FOR PARKING WAIVER) ._ ~.. ,.. REQUEST FOR WAIVER OF CODE SECTION: PERTAINING TO: m v.tn statement is required for each Code waiver) 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 Adminisrator or Planning Commission, the following shall be shoim: 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 [he 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 Comrrtission 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 specialpircumstances that apply to the property in matters such as size, shape, topography, location or surroundings? /` Yes _ No. rr `` ~{ If your answer is "Yes," describe the special circumstances: ~17~ 1--\ YV ~~ 1 In li ~ ~~~~ n 2. Are [he special circumstances that apply [o the property different from other propemes m me vrcrmry wntcn are m me same zone as your property? _ Yes ~ No If your answer is "yes," describe how the property is different: 3. Do the special circumstances applicable to the property deprive it ofprivileges currently enjoyed by neighboring properties located within the same zone? /Y'es No answer if"ves:' describe the 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 tin, a special privilege not shared by other property in the same vicinity and zor which is not othe see pres ut o zone regulations governing subject property. Use variances aze not permitted. Signa re of petty Owner or Authorized Agent Date DECEMBER 12, 2000 CONDITIONAL USE PERMITNARIANCE NO. CUP PJO. 2002 - 0 4 0 3 5 Were the special circumstances created by causes beyond the control of the property owner (or previous property nwnersl? V Yes No ITEM N0. 4 LL! CL v RCL 67-58-5 ~ 0 U cups°s - .VAR 11 0 ,_ o~ W 5 N ~ R67260 r ss-fis~t6 ~ CUp 6q2 CUP 3040 R w N n (Res. onmenlm cL) Q CUP 339 1 $-7200 DU EACH = ~ _ ' = X w p! O 66fi1-a R f I CUP 129 o U o p o U a I- es. o nlant b CL) Q SHOPS N¢ N¢ N S CL L nw rw rw 04-fi 29 O N ~ O K ~ ~ ~ 61-02-W (Res. of Inlant to CR) Z CL ~ ~ ~ ~' C~t ~ ~ RCL 57-50-14 CL I CUP 2444 m r F ~ e V-2609 Q . CL RCL 64-65-31 RLL s0-5324 VAR 225q S in a 'P OFFICE ~ CUP 1749 CRES'f6.7 REST. cJJ U U RS-7200 RS-7200 BUILDING .MUFFLER ¢ ~ VAR 1275 VAR 1072 SHOP ~----373' BALL ROAD CL CL 8465.30 5360.95 RCL6465-32 CuP 6'06 VAR 2691 RM-1200 64-65-5 uOUDR RS-A-03,000 STORE FIRESTONE TIRE RM-1200 ' RM-1200 60-61-19 SUB- STATION RCL 64-65-37 RCL 64-65-37 73-74-5t CITY OF VAR 1662 VAR 1662 V-x424 APTS ANAI'IEIM RSAd 3,006 . ~ fi0E317 (Res. of InL to CL) PIAIA~IP I APARTMENTS ~ 2 4 fi ao -s i - ns J')-t 60-61-83 79-7451 LLB I CUP 2002-04626 V-3229 V-2592 ~coeoo . GUP 1$9 (CUP 337 ~ 24 Du o - (CUP 110 ~ ; o - MAGNOLIA SO ARE ' RsA<s,fiofi 747611 SHOPPING CENTER ~~~,`~' ~ RS-A-03,000 (Res. af ~12~) MAGNOLIA HIGH SCHOOL VACANT ~,, v RS-A-03,000 CUP 961 PRIVATE SCHOOL I I CL RS-A-03 000 LOLA AVE I T-CUP 2002-04636 , MAGNOLIA HIGH SCHOOL I I CUP 3068 CUP 3763 CORONA00 SOUARE S OPPING CENTER Conditional Use Permit No. 2002-04628 Subject Property Date: January 13, 2003 Scale: 1" = 200' Requested By: RONALD BEARD P TRUSTEE Q.S. No. 29 REQUEST 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. 1216 - 1254 South Magnolia Avenue sza Staff Report to the Planning Commission FebruarylQ 2003 Item No. 4 4a:' CEQA NEGATIVEbECLARATION 4b.1 'WAIVER OF CODE REQUIREMENT 4b: 'CONDITIONAL USE PERMIT 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 southeasfcorner bf Ball Road and. Magnolia Avenue, having frontages of 373 feet on the south side of Ball Road and 560 feetbh the east side of Magnolia Avenue (1216=1254 South Magnolia :'Avenue). REQUEST: (2) She petitioner requests approval of a conditional use permit under the authority of Code Sections' 18.44.050:135'and 1t3:441050.330 to establish conformity with existing zoning `code land use requirements for an existing commercial retail center and o permit a< telecommunications antenna with accessory ground-mounted equipmentwith waiver of ':'maximum structural height within 150 feet of a single-family residential zone boundary. BACKGROUND:' (3) This property is developed with an existing non-conforming commercial retail center built in ?1958, and'is zoned CL (Commercial, Limited). This`property is!located within the West Anaheim Commercial Corridors Redevelopment Project Area and the City of Anaheim General Plan Land Use Element Map designates this property for General Commercial land uses: (4) This item was continued from the January 13 and January 27,' 2003, Commission ..meetings:; During the Commission meeting of January 27, 2003, the Commission expressed concerns with the proposed location of the clock tower and recommended that the project be redesigned to better integrate (potentially as part of a remodel) into the commercial center The petitioner, Jim`Todaro, has submitted a letter dated January 31, 2003, requesting a continuance to the April 7, 2003; Commission meeting in order to revise plans and work with the property owner regarding a new location for the clock tower. RECOMMENDATION: =1 (5) That the Commission, by motion, continue this item to the April 7, 2003, Commission meeting. Sr8549vn.doc Page 1 ATTACHPIENT - I TEF1 N0. 4 February 3, 2003 Vanessa Norwood Planning Department Anaheim City Hall 200 South Anaheim Blvd. Anaheim, CA 92805 Re: CUP-2002-04628 Ms. Norwood, I am requesting a continuance to the April 7`h 2003, Planning Commission meeting on the wireless communications project for the Chia Market. This request is in response to the need to redesign the proposed facility. TCG and CW will be moving forward on the Commission's recommendation to move the clock tower to the front of the shopping center and also to vault the equipment. A site walk for the redesign is scheduled for 2/10/03 afrer which plans and photosimulations will be submitted to staff to review and make comments. Thank you for your consideration on this matter. Please contact me if you have any questions concerning this project. Sincerely, Jim Todaro ~~JNUI T IONAL USE PERi~ . [d0 ?~~'~' - y~~' Iretl rlo. 5 SP 92 2 MANCHESTER AVENUE s9 2~, 9 92 '9 ~~F ~/ 91- 3332 SP 92-2 66-67-61 (4) CUP 3332 CUP 2001-04405 VAR 2001-04448 ANAHEIM RESORT TRANSPORTATION CENTER SP 92-2 SP 92-2 66-67-61 (73) 0 66-67-61 (104) CUP 124 m V-2917 S SP92-1 0 r VAR 4352 V 3566 PENNY SLEEPER 66-67-61 (108) ~ - MILLIE'S FAIRFIELD INN INN MOTEL 66-67-61 (14) Q COUNTRY CUP 3121 S ~ KITCHEN CUP 968 UJ V-1424 J ~ A:P. D. ' ' SP 92-2 V-393 U.V. 1971 ~ POLICE SP 92-2 TRAILER fib-67-61 (104) 66-67-67(108) U.V. 1250 m (Temporary) CUP 2598 CUP 438 DISNEYLAND McDONALD'S CUP 124 ~ 'RESTAURANT V-2270 VACANT OFFICE O BLDG. m SP 92-2 VAR 3819 ~' 66-67-61 (108) PARKINN Q CUP 3594 INTERNATIONAL SP 92-2 CUP 481 ;~, ~" ~ V 611 m ~ VAR 4300%'~ ~ ;; CAROUSEL INN " 6 ~ 0 ~' ~ CUP 2002 4 ; 57 V-3269.;; ~ AN[3.SUlTES ~~~~ 610' SP 92-2 SP 92-2 66-67-61 (20) 66-67-61(108} V-3056 66-67-14 V-611 55-56-24 TROPICANA INN (56-57-92) EIR 313 SP 92-2 ODETICS 66-67-61 (30)-. INDUSTRIES CUP 591 V-7 929 5 V-1333 PARK PLACE INN Conditional Use Permit No . 2002-04657 Subject Property Date: February 10, 2003 Scale: 1 " = 200' Requested By: GOOD HOPE INTERNATIONAL Q.S. No. 87 REQUEST TO PERMIT THE CONVERSION AND EXPANSION OF AN EXISTING LEGAL NONCONFORMING RETAIL BUILDING INTO ASEMI-ENCLOSED FAST FOOD RESTAURANT WITH WAIVERS OF: (a) MINIMUM NUMBER OF REQUIRED PARKING SPACES (b) MINIMUM STRUCTURAL SETBACK AND YARD REQUIREMENTS ABUTTING INTERIOR LOT LINES. 1530 South Harbor Boulevard, Carousel Inn and Suites ss7 Staff Report to the Planning Commission February 10, 2003 -' Item No. 5 j SR8533GK Page 1 Staff Report to the "Planning Commission i February 10, 2003 .Item No. 5 ,33 ~ ~ I ~ l' G 2 c^Y ~ ~) t 2 ~ ~ v~ A l A t~ ( f "~A 2 t 5~ ~ a~ ~ " ~ ~ ~ ~ S P 2' 7 } ~ ~ i $ W~ ~ fir" a ~, 4.v~"-~ r f i ;,. F ._ ,v s° ~ s% d ~~~-i s ~''`t~ 4 ~1~ ({(t y ~ ! '`J ~ 6 ~~ ref ~u e`; x~. ~ ~ i ~`~ ~, 1 + ~ ~'~ ~ .= a~~r ~ f' ~ y ~1 5 z~ `''a a ~ $~~~ ~ ~ r 3 ~ 4J q >(, ~4.~ f %,% : ~ r~, t t ~ 4 r4 "~ a inf t i e ~ ~~ .' t ~, s ~ ~'~ x r ~ ,#~ "WI i4 tf~ ~. t ~t ~ ~ 3 a ?~ r= / to ~- J T' L~5 d ~ 1 ~ w < :^ ,, ~,,TT~~~~ d ~ ~ ~ x S 5 t`A f?,'~ 4 h+ 3' k FbcE." y 4 1~ r ~ s ~ ', ~ '1 ~ S ~ i ~ 4 ~~~ ~~, I I, rl~"4 t I A"T ['~o I ~~ fed !'Y`t ( ,ser r w F ~ ~'~1 1r ~ ~~~ °~ t r~ i s, y ~ ,~ i~;.'._171 fi x t ~~ v ~ ~ : Carousel Inn and Sw[P o t ~p~ " - 'g-g. ~ Property ~Inl ~ ~ ~ ~ war r ~ ~ „ ~ ~ ~I ~ •~~_ Ems.. ~ .'!,~-C ~` i Exiling Retiil Shop - n ~ ^~ ~ ~ ~ ,(Proposed ta6e conve~tcdl~xpand~d „ ~ ~ ~~ ~' ~~ x r 'fto a t ast fmd revtaur inL ~'¢ n k'~"h ,,,~'" 1 `. ~,'4~- ?'.~. p ~g ,~., s i €--. d-'~ -~ ~ s ,~ ". rr'`~~"i~#~~"*~. yp~Tr~' ~M~..., - Siar~~73'~= ,~„~^, 'e p "~'~- ~}y T k Sh~'~" .. ~3``t,. s° l J+ s+yt. :'' Y ,& ~~ +fT Yr" J3 y,/~J p i Z ~. k 1 .z-i ,Y 9~~r es* N. n`",5' .-° ~". ~ ~~ eh"G f '„".,.u° f!~ =~' ~ ~ t `n~ ~a sue- 4 s~ "' a .y ~s~-~. <,.z~ ~:~" r's~ ..~rti 3"--Ye. ~' ~ t a fir. i p ~~ ~ ! ''.'a* t' ^~ '%,.,v i fi?+~ mac` ~i y9 ~,.. ~ • "t; a'*~ ~~~~~~ t f a ~ i ~ ". ~ ~ , ~ tw9 ~ r G >~ g~ ~. r c ~ ! '. i ~ ~. '~ ~ z '.:~ ~ y ~' br ~ x F '~ R t.., .~'~5~ zH.cu rr"^a. 1 l 1 ~5~~ 4~I~ 1 W' K P x i ~ 1 i 7 7 e~ q I~ ~t~ ~~ ~ ;'`'a .-y~ .s,7xu ri'.E„ r~~ e s i ~s ss?~ s~*'t ~"rr~£aw-~"'f e y `'w qqpp saar -~ ,~.~ 4 ri~x ~ i~ .,, 't w ~ r ~ ~~ 1 J dL <' 1530 South Harbor Boulevard -Carrousel Inn and Suites Page 2 Staff Report to the Planning Commission < February 10, 2003 -.item Na: 5 (b) Variance No. 4300 (waiver ofminimum structural setback and yard requirements to construct a 355-square foofaddition to an existing gift shop in conjunction with and accessory to an existing hotel) was granted by the Zoning Atlministrator on February 6, 1997. ((This addition was not constructed). (5) Master Environmental Impact Report No. 313 (including Mitigation Monitoring Program No. z 0085) was'certified by he City Council on September 20, 1994 in conjunction with the .adoption of the Anaheim Resort'Specific Plan No, 92-2. On August 30, 1999, the Planning Commission determined thaf nb'substantiali changeshad occurred with respect to the .circumstances undeewhich Master EIR No 313 was'certified, and that there was no new available material information which was not known and could not have been known at the time Master EIR No.313 was certified, thereby validating Master EIR No.313 and the associated!Mitigation Monitoring. Program No. 0085 for continued use as the environmental !documentation required by CEQA for projects within the Anaheim Resort Specific Plan Area. (6) Surrounding. land uses are as follows: Direction Land Use Zoning' General:Plan Desi nation :North Park Inn' International SP92-2 :` Commercial Redreation S East OdeticsCor oration 'SP92-2' CommerciatRecreatiorir South Trd icana lnn `' SP92-2 ; CbmmerciallRecreation! ..West, across Hartor Boulevard Disneyland 'SP92-1' CommercialiZecreation; ::'SP92-2.(The Anaheim Resod Specific Plan No. 92-2); SP92-1: (The Disneyland Resort Specific Plan No. 92-1) DISCUSSION: (7) Petitioner proposes to convert and expand an existing 1,185-square foot, legal nonconforming retail building into a 1,771 square foot building encompassing 1,429 square .feet of restaurant area and 342 square feet of stock room/restroom area A 240-square foot outdoor dining area with a maximum of tehseats would also be constructed, (8) Following is a summary of the proposed improvements: (a) New Exterior Building Desion -The restaurant building facade is proposed to be converted to a modern contemporary style. Enhancements include the provision of fagade improvements to match the existing hotel including a new building finisfi consisting of "china-white"ismooth plaster and a black shingle roof; the installation of new:reflective;glass storefront windows and aluminum trim (polished: brass color) on the nbrth building elevation; the installation of a decorative metal fascia along the roof line to match the existing hotel; and; he relocation of the trash enclosures from the front of the property to the Year of the restaurant. (b) New Outdoor Dining Area"-Anew outdoor dining area will be constructed along the frdhf of the restaurant facing Harbor Boulevardi The dining area wl(be paved with decorative concrete and Will accommodate four tables and up to ten ehairs. A' 36-inch high garden wall surrounding the patio area wilt also be installed. SR8533GK Page 3 Staff Report to the Planning Commission February 10, 2003 Item No. 5< (c) New and Enhanced Landscabing -Plans indicate additional landscaping is proposed to be installed in the front setback area:adjacentto HarborBoulevard'with African< boxwood shrubs and turf adjacent to the entry driveway and wo 24-inch box purple leaf trees, daylilies, fortnight liliesand trumpet vines within the patio area.: Plans also;; indicate that African boxwoods and fortnight lilies will be planted adjacent to the garden wall surrounding the outdoor dining area. The proposed landscape design is in conformance with the Specific Plan requirements. The proposed building fariade and outdoor dining area improvements are in compliance with the Design Guidelines set forth in the Anaheim Resort'Specific Plan. (A copy of the rendering and"site plan showing the new improvementsare provided in Attachment A to this staff,report. It should befioted, however, that'only a portion of the andscapng is shown. on said: rendering`in order to how the building facade more'clearly.) (9) Plans indicate that a total of 74 on-site parking spaces are proposed for the hotel and restaurant uses. (A total of 76 spaces currently exist on the property. It should noted that 79 spaces were previouslyapproved for the property pursuant to Variance No. 3289 described in paragraph (4) of this staff report;fiowever, three of said spaces were subsequently converted to a fire truck turn around'. area). Code requires a minimum of 131 `spaces based on the following: Areal BuildinglUse Rooms/ Code Requirement Number of Spaces Em to ees Required Fast Food Restaurant 1,429 16 spaces/1,000 feet of 23 s uare feet GFA No adtlitional parking Outdoor Seating Area 240 square required for outdoor dining 0 .feet areas having 10 seats or less. Hotel 131 looms 0.8's ace/hotel room .105: Em to ees 12 .25's ace/em to ee 3' TOTAL - 131 `(10) Petitioner has submitted a letter of operation indicating that the proposed restaurant would operate from 7 a.m. until 10 p.m., Mbnday through Sunday, with 2'shifts and 2 employees anticipated during each work shift. !Said letter indicates that a tenant has not yet been ' .selected for the restaurant. (11) It should be noted that sign plans have not been submitted in conjunction with this proposal (thepetitioner indicates that the sign; plans will be submitted for review and approval of a later date once the tenant information is finalized). ENVIRONMENTAL IMPACT ANALYSIS (12) Staff has reviewed the proposal and Petitioner's submitted Environmental Information Form (a copy of which is on fileand available for public review in the Planning Department), and finds that the proposed pr'oject's environmental'. effects are within the parameters, assumptions and time frames analyzed in the previously-certified Environmental Impact ' Report No. 313 for the Anaheim Resort Specific Plan. Furthermore; based upon a review of SR8533GK Page 4 Staff Report to the Planning: Commission February 10, 2003 Item Na. 5 the requested waivers: and the supporting documentation, staff finds that said waivers will not result in any new significant environmental!impacts. Staff has prepared Mitigation Monitoring :Plan Na 049 for the proposed project incorporating those mitigation measures included in the Anaheim Resort Mitigation Monitoring Program No. 0085 that are applicable to the project (a copy of Mitigation Monitoring Plan No. 049 etas been forwarded to the Petitjoner and js on file 'and available for public review in the Planning Department). GROWTH MANAGEMENT ELEMENT'ANALYSIS: (13) The proposed projecf has been reviewed by affected City departments to determine whether jtconforms`'with the City's Growth Management Element adopted by the City Council: on March 17,:1992. Based on City tall review of the proposed project, it has been determined that this project does'not fit withjn the scope necessary to require a Growth Management Element analysis, therefore, no "analysis has been performed EVALUATION: (14) The Anaheim Resort Specific Plan permits modifications andlorexpansion of legal nonconforming structures subject to the. approval of a'Conditional Use Permit provided that 'said changes would bring the property into'greater conformance with the intent of the Specific Plan. The Specific Plan also permits fast food restaurants with outdoor dining areas'subject to the approval of a Conditional Use Permit. The Specific Plan further encourages outdoor pedestrian=oriented activities such as outdoor dining areas along Harbor Boulevard in The Anaheim Resort. (15) Based upon a review of the submitted plans, staff supports the proposed Conditional Use Permit inasmuch as the proposed site and building facade modifications described in paragraph (8) of this staff report bring the property into greater conformance with the Anaheim Resort Specific Plan Design Guidelines antl enhance the appearance of thjs site. In addition, the restaurant is an allowable use'in the Specific Plan Area and provides an additional visitor-serving business. Further, the proposed outdoor dining area is integrated :into the design of the building and complies with the intent of the Specific Plan to provide for outdoor pedestrian-oriented activities along Harbor Bbulevard. s (16) The first Code waivecpertains to the minimum number of required parking spaces. Code requires a'minimum of 131 on-site parking-'spaces for the hotetand fast food restaurant use as indicatetl in paragraph (9) of'this staff report. Thesubmitted'plans indicate that a total of 74 parking paces would be provided. Petitioner has submitted'a Parking;Study prepared by Katz, Okitsu & Associates dated December 7, 2001!(a copy of which has been provided to the Planning Commission and is on file and available for publicreview in the Planning 'Department), to substantiate the. requested waiver. Said study'indicates that, based'upon a survey of comparable'fiast food restaurants and the parking demand associated withthe existing hotel, the peak parking`demand for the proposed on-site uses would be 69'parking "spaces, which is lower than theproposed 74 parking'spaces. [Planning Commission may wish to note that the submitted plans and parking study originally ; indicated that the site would provide for 78'parking spaces. Subsequentreview of the plans by the FireDepartment and Traffic Engineering Division resulted in the deletion of four spaces to accommodate an appropriate fire truck turn around area and required handicapped SR8533GK Page 5 Staff Report to the Planning Commission February;l0, 2003 Item No. 5 spaces. Changes in the parking study to reflect 74 spaces were approved bythe City Traffic and Transportation Manager and are reflected.: in the siteplan exhitiits.] The Parking Study also includes the following information to support the required findings that must be made;prior to the approval of the requested parking waiver. (a) That the variance, based upon the information and the conclusions set forth in the parking study, will not cause fewer off-street parking spaces'to be provided for such use than the number of such spaces necessary to accommotlate all vehicles attributable to suchiuse under the normal and reasonable foreseeable:conditions of operation of such use inasmuch as the parking provided on the property meets the demand for off-street parking (the parking study indicates the hotel and fast food restaurant uses on the property would generate a peak demand of 69 spaces, which is lower than the proposed 74 parking spaces); (b) ,' That the variance, based upon the information and the conclusions set forth in the parking study, will not increase the demand and competition for parkingspaces upon the public streets in' he immediate vicinity of the proposed use inasmuch as no street parking is permitted along Harbor Boulevard, which is the public street immediately adjacenYto the site,.: and an adequate supply of parking will be provided on site; (c) That the variance, tiased upon the information and,the conclusions set forth in thee. parking study, will not increase the demand and competition for parking(spaces upon adjacent private property in the immediate vicinity of the proposed use ihasmuch' as an adequate supply of on-site parking will tie provided'and all project-related parking is `expected o occur on the sutiject site; (d) That the variance, based upon the information and.conclusions set forttr in the parking study, will not increase traffic congestion within the off-street parking areas or lots '. provided for such use inasmuch as the parking demand forecast for the ite is ;addressed by the supply provided on the ite and a'surplus of parking spaces is expected,to exist on the site at all times;!and, (e) That the variance will not impede vehicular ingress to or egress from adjacent properties upon the'public streets in the immediate vicinity of he proposed use inasmuch as adequate parking is proposed to meet the projected parking demand for the proposed uses. Furthermore, no street parking: is permitted along Harbor Boulevard and the sight lines and turning: area for existing driveways on properties adjacent to the subject parcel will not be affected by the access or parking proposed for the subject property. The City's Traffic and Transportation: Manager has reviewed the submitted plans and the` Parking Study and on January 7, 2002 recommended approval of the study based upon'a determination that the 74 on-site parking spaces would be adequate to serve the proposed fastfood restaurant operation and tiotel, (17) The second Code waiver pertains to minimum structural setback and yard requirements'. abutting interior of lines. The Code,requires a'minimum 10-foot wide fully landscaped setback area adjacent to interior lot lines. Petitioner is requesting a waiver of this requirement in order to allow the proposed building expansion to be aligned with the existing SR8533GK Page 6 ! Staff Report to the Planning: Commission February 10, 2003 Item NoC5 building, which was built along the south property line with no sekback areaprovided: `The petitioner indicates in their Statement of Justification(a copy of the Justification is provided as Attachment B to this staff report) hat special circumstances apply to the property thafdo not 'apply to other properties in the Anaheim Resort Specific Plan Area in thatJhe subject` property has one of the narrowest lot widths`and street frontages: in the Zone (85-foot width). Staff has reviewed the submitted plans and information and concurs with the petitioner that there are special circumstances;with regard o the narrow width`of the property thaCconstricts development of the site. Further, inasmuchras the existing retail building fias no setback area adjacent to the interiorlot tine and that there are several other hotels on Harbor Boulevard which haveno setback: area along interiorlot lines (i.e the adjacent Tropicana Hotel and the Park Vue Hotel), that trio application of the Zoning Code would: deprive the property of privileges enjoyed by other properties within the Anafteim Resort Specific' Plan Zone. FINDINGS: (18) When practical difficulties or unnecessary hardships result from strict enforcement of the Zoning Code, a modification maybe 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 the same vicinity and zone. The sole purpose of any variance or code waiver is to prevent discrimination and none hall be approved which would have the effect of granting a special privilege not shared by otner similarproperties. 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 surroundingsj;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 an identical zoning classification in the vicinity:. RECOMMENDATION: (19) Staff recommends that, unless additional or contrary information is received during the public hearing, and based upon the evidence submitted to the Planning. Commission, including the evidence presented in this staff report, and oral and written evidence presented at the public hearing, the Planning Commission take the following actions: (a) By Motion, determine that the previously-certified EIR No. 313 is adequate to serve as the required environmental documentation for the subjectrequest; (ti) By Motion, approve waiver (a) pertaining to minimum number of parking spaces based upon: the City's Traffic and Transportation Manager's review and recommendation that the proposed 74 spaces are adequate to serve the proposed projecF as discussed in paragraph (16) of this staff report. (c) By motion, approve waiver (b) pertaining to minimum structural setback and yard requirements abutting interior lot lines inasmuch as the submitted evidence does identify speciafcircumstances with. regard to the configuration of the property which do not apply to other identically zoned properties in the vicinity and thafstrict application of ', SR8533GK Page 7 Staff Report to the Planning Commission February 10, 2003 Item No. 5 the Zoning Code would deprive the property of privileges enjoyed by other properties within the Anaheimi Resort Specific Plan Zone as tlescribed in paragraph (17) of this staff report. (d) ' By Resolution, approve Conditional Use Permit No 2002-04657, as conditioned herein, to permit the conversion and :expansion of an existing legal nonconforming retail building into asemi-enclosed,fast food restaurant with an outdoor seating area with waivers of minimum numbernf parking+spaces and minimum'structuralsetbock and yard requirements abutting interior lot lines basedvpon the following: (1) That the proposed use is a properuse for which a Conditional Use Permit is authorized pursuant to Code Sections 18.4t3020.050.0505(b), 18:48.070.050.0511 and 18.48.070.050.0521 of the Anaheim Municipal Code; (2) That, as conditioned herein, the proposed semi-enclosed fast food restaurant would not adversely affect any adjoining land uses or the growth and developmenNbf the surrounding area inasmuch as the'modification and conversion of the existing legal nonconforming building'into asemi-enclosed fast food restaurant would bring the property into. greater conformance with the'intent of the Anaheim Resort'Specific Plan by establishing a use which is permitted in the,Specific Plan area, enhancing he property's appearance by enhancingahe building facade and installing new landscaping adjacenN,to the public right-of-way and providing'for an outdoor dining area which is encouraged in the Anaheim Resort Specific Plan; (3) That the size and shape of the property, with the granting of the requested waivers, is adequate to allow for the full development of the proposed use in'a manner which is not detrimental to the particular area nor to the peace, health, safety, and general welfare of the surrounding land uses or citizens of the City of Anaheim; (4) That, based upon the information and conclusions set forth in the Parking Study prepared by Katz, Okitsu & Associates and dated December 7 2001 and recommended for approval by the City Trafficand TransportationManager on January 7, 2002, and as'conditioned herein„the traffic`generated'bythe proposed use: will not impose an undue burden upon the streets and highways designed and improved o carry traffic in the'area; and, (5) That the granting of the Conditional Use Permit, under the conditions imposed, will: not be detrimental td4he peace; health,'safety and :general welfare of the citizens of the City of Anaheim. SR8533GK Page 8 Staff Report to the Planning Commission February 10, 2003` Item Nb 5 THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITYbEPARTMENTS ACTING AS AN INTERDEPARTMENTAL COMMITTEE- AND ARE RECOMMENDED FOR ADOPTION BY THE PLANNING COMMISSION'IN THE EVENT THATCONDITIONAL USE PERMIT NO'2002-04657 IS rAPPROVED 1. ; That the property owner/developer shall be responsible for compliance with al( of the mitigation measures set,forth in Mitigation Monitoring Plan No. 049' for this project, which incorporates those mitigation measures included in the Anaheim Resort Mitigation Monitoring Program No: 0085 that' are applicable to the project, and foe complying with the monitoring and reporting requirements established bythe City injcompliance with Section 21081..6 of the Public Resources Code. Furthermore, the properly ownerldevelopersfioll be responsible forany direct costs associated with the monitoring and'reporting requirements to ensure. implementation of those mitigation measures identified in Mitigation Monitoring Ptan No. 049, which is ?Wade a part of these' conditions of approval by references. 2. That ongoing during project operations, no more than 10 seats shall be provided at anytime in the outdoor patio dining area. All tables and seating areas shall be'bf high quality material such as wrought-iron or other comparable material (no plastic chairs or tables shop be permitted). Further, any umbrellas shall be a single color and no advertising of`any business name br product on the umbrejla shall be permitted. 3. That prior to issuance of the first building permit, the property owner/developer shall submit plans to the Police Department for review and approval whichshow the location of the robbery alarm and he alarm specifications. The property owner/developer shall also submifa Burglary/Robbery Alarm permit application (Form APD 516) to the Anaheim Police Department. Prior to fihal I j building. and zoning inspections and ongoing during project operations, the robbery alarm shall be operational 4: That prior to final building and zoning inspections, the property owner/developer shall modify the hotel's Closed Circuit Television (CCTV) security cameras to cover: the fast food restaurant entrance and oashier's'area to the satisfaction of the Anaheim Police Department. Ongoing during project,operations, CCTV monitors and recorders shall be secured in a separate locked compartment to prevent heft or tampering of,the tape. The recorded CCTV tapes shall be kept fora minimum of 30 days before being recorded over and CCTV tapes shall not be recorded over more than 10aimes per ape. 5. That ongoing during project operations, the monument sign and the building address shall be illuminated during hours of darkness. 6: That prior to issuance of the first building permit, the property owner/developer shall submit plans' to'tne Planning Department, Building Division; which show rooftop address numbers which would> be visible to police helicopters. Said numbers shall be a minimum ize of 4' in height and 2' in widthwith a minimum line width of 6" thick. The plans shall furtherindicate that the numbers shall: be:painted or constructed in a contrasting color to the roofing material and that the numbers shall face the street to which the structure is addressed. Numbers are not to be visible from ground level. Prior to final building and zoning inspections, the numbers shall be painted/installed on the roof. The numbers sfiall be maintained so that they are; legible ongoing during project operations:` 7. That prior to issuance of a building`permit, the property owner/developer shall submit plans for the Anaheim Police Department's review and approvafwhich provide for the installation of 8R8533GI< Page 9 Staff Report to the Planning Commission' February 10, 2003 Item No. 5 commercial grade security hardware (e.g., deadbolt locks} on'iall exterior' doors. Prior to final building and zoning inspections, the security hardware shall tie installed: 8. That prior to issuance of a building permit, the property owner/developer shall submit plans to the Planning bepartment, Building Division which show that all exterior doors have their own ligfit source, which shall'illuminate'thednor area at all hours to make clearly visible the,presence`of any person on or about the premises and provide jilumination(for persons exiting the building;in conformance with Section 5.7!5 (Exterior Lighting) of the Anaheim Resort Specific Plan. The submitted plans shall show the location of the lights and the design of the fixtures'and shall be subject to the review and approval of the Anaheim Police Department. Prior to final building and zoning inspections] the lighting fixtures shall be installed and be operational; and oh-going'during project operations,"said lighting shall be properly maintained. 9. `That prior to issuance of a building permit, the property owner/developer shall submit plans to the PlanningDepartment, Building Division,which show the location of a "No Trespassing 602. (1) P.C "sign at the entrance to'the parking area. The'overall size of the sign shall be at least 2`x 1' and the background shall be white withblack 2-inch high letters, The sign shall not encroach into ''the required 26-foofwide landscape settiack area adjacent tosthe Harbor Boulevard ultimate' public right-of-way. i Prior to final building and zoning inspections, the sign shall be installed. ' 10. That prior to issuance of a building permit, the property owner/developer. shall submit plans to the Planning Department, Building Division, which show the location of appropriate signs per `California' Vehicle Code §22658(a) at the`entrance td the parking area. The signs'shall not , encroach into the required 26-foot widelandscape setback area adjacent to the Harbor Boulevard ultimate public right-of-way. Prior to final' building and zoning inspections, the signs shall be installed. 11. 'That prior to final building and Toning inspections, the property owner/developer shall file an Emergency Listing Card, Form APD-281,: with the Anaheim Police Department. 12. `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 ExhibifNos. 1 through 17 and as contlitioned herein. 13. '.That the property owner/developer shall comply with the following conditions of approval set forth in Ordinance No. 5454 adopted by the City Council'on September 27, 1994 in connection with the adoption of the Anefieim Resort Specific'Plan No. 92-2 (the Condition numbers correspond to the numbers set forth in Ordinance No. 5454): 8) That"prior to the issuance of each building permit, plans shall be reviewed and approved by the Fire Department as being in conformance with the Uniform Fire Code. 13) That: prior to final building!and zoning inspections, a licensed landscape architect shall provide a letter to the Planning Department certifying that all landscaping and irrigation systems have been installed in accordance with landscaping plans'approved in connection witfi Conditional Use Permit No12002-04657_ 14) That on-site landscaping and irrigation systems shall be maintained by the properly owner/developer in compliance with City standards. SR8533GK Page 10 Staff Report to the Planning Commission February 10, 2003:', Item Nd 5 15) ,That any tree planted:within the Setback Realm shall`be replaced in a timely manner in the event thaf it is removed, damaged, diseased and/or'dead. 16) .That a licensed arborist shall be'responsible for all tree trimming. 18) .That sweeping operations in thr3 parking facilities shall be performed utilizing sweeping/scrubbing equipment which operate at a level measured not greater than`60 dBA iat the nearest adjacent property line. 19) That pressure washing operations for purposes of building repair and maintenance due to ?`graffiti or other aestnetical considerations shall be Ilmited to daytime hours of operation tietween 7:00 a.m. and 8:00 p.m, 25) That prior to final building and zoning inspections, ail plumbing or other similar pipes: and fixtures located on the exteriorbf the building shall be fully screened fromview of adjacent public rights-of--way end from adjacent properties by architectural devices' and/or appropriate building materials; and, further,. such information sftall be specifically shown on the plans submitted for buildingpermits. 27) That the property owner/developer shall be responsible for the removal of any on-site graffiti :'within 24 flours of its'application 33) That trash storage areas shall be provided: and maintained in accordance with Exhibit No. 1 of Conditional Use Permit No. 2002-04657`on file with the Planning Department. Such information shall be specificallyshown on the plans submitted for buildingpermits. 36) That all engineering requirements of the City of Anaheim, including preparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks; water facilities, streetgrading and pavement, sewer and drainage facilities, or 'other appurtenant work shall be'complied with as required by the City Engineer and: in 'accordance with specifications on file in the Office of the City Engineer, as may be modified 'tiy the CityEngineer, and, that security in he form of a bond, certificate ofdeposit, letter of 'credit, completion guarantee, or cash, in an amount and form satisfactory}o the City of Anaheim, hall be posted with the City to guarantee the satisfactory completion of said :.improvements. Said security shall be posted with the. City prior to the issuance of a building permit or final map approval, whichever occurs first, to guarantee the installation of he rraated improvements prior td final building and zoning inspections. 37) That prior to issuance of each building permit, the appropriate Citywide Transportation :Impact antl mprovr:ment Fee shall be paid to the: City of Anaheim in the amount(s) determined; by City Council Resolution. Consistentwith the Fee Ordinance, fees may be reduced in eonsidr:ration of rignfof-waydedication. 38) That the property owrter/developer shall participate in the Transportation Network (TMA) created for The Anaheim Resort7A" and Anaheim Stadium Business Center and coordinated `with the I-STraffic Management Plan. 40) That prior to issuancebf each building permit, unless Yecords indicate previous payment, the appropriate fees foFPrimary Mains, Secondary Mains and Fire Protection Service shall be SR8533GK Page 11 Staff Report to the Planning Commission' February 10, 2003 Item No. 5' paid to the Public Utilities Department, Water Utility Division in accordance with Rule 15A and 20 of the Water Utility Rates,,Rules and'Regulations. 14. Prior to the issuance of a building permit, the property owner/developer; shall submit a Certificate of Compliance application to the Public Works Department.!A Certificate of Compliance shall be approved by the City Engineer and recorded in the office of the County' Recorder. 15. : That prior to the issuance of the first building permit or within'one year from the date of this resolution, whichever occurs first, the property owner shall submit a letter to the Planning Department requesting termination of.Variance No. 4300. 16. 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 noF include ahy action orfindings as to compliance or i approval of the request regarding any other applicable ordinance, regulation orYequirement SR8533GK Page 12 Attachment A l~l~ /'` ~~ .~ z 0 a w w cn w ~@ e~ RFs" 6- me d3 .fib ~~ pp ££ fifip b. t~ ~z ~ ~x _ 5 =~ a 6"~ _ ° ® oC #0 ~u a s. S~ ua m _ a~ pp qqE4 =5' ~Q ~9 ~`y ~~ ~~ S 36W 7~ i ~~ 7~ ~3 J 0 0 0 00 00 U ~~ Y 6 ~ n ~a Y0~ ~Y - ~" YyB~ G ~ ~O 4 ~S~J 7a c3 ~€ ~C C 3 L~ ~ s= ~- WO r ~Y~ 8Ea 8 6 ~~g B'S~ ~6 6 a~ tl$- ~ ~ 3$> 'S Gy a°? EASY ~ ~6 ~~ ?.~~ a `0000 O 00000 8 w~Z ~~~ w pN K a }s ? wU ZZwp~ O m N 67 WZ ~ T.n Nv~ > Z ~~ ~~ z~Q~l_ oi050 LL Z ~ O w¢m W d m U ti ~, .~- 0 n o o N 4 W J_ ~` ~ U W Q. z J 7 4 7 a W H W 'QAlB b09bVH 'anl8 N0821VH Attachment B pct-P2-2002 12:42am From- T-924 P.003/003 F-352 PEI`1'I'IONER'S STATEMENT OF IUSTIFICATION FOR VARIANCFJCODE WAIVER (NOT REQUIRED FOR PARKING WAVER) REQUEST FOR WAIVER OF CODE SECTION: 18.48.070.090.090"; (A separate statement is requited for each Code waiver) PERTATl`IINGTO: Interior structural setback and_yard requirement. Sections 18.03.040.030 and 18.13.060 of the Anaheim Municipal Code requ've that before any variance or Code waiver maybe granted by the Zoning Administrator or Planning Cotnmission, the following shall be shown: That there are special circumstances applicable to the property, including size, shape, topography, loca[ion or surroundings, which do not apply [o other property under identical zoning classification in the vicinity; and That, because of such special circumstances, strict application of [he zoning code deprives the property of privileges enjoyed'by other property under identical zoning classification in the vicinity. Tn order to determine if such special circumstances exist, and to azsist the Zoning Administrator or Plannine Comrtrission [o arrive at a decision, please answer each of the fohowing questions regardin; the property for which a variance is sough[, fully and as completely as possible. If you need additional space, you may anach additional pages. 1. Are them special circumstances [hat apply to the property in maners such as size, shape, topography, locarion or surroundings? R Yes _No. If your tutswer is "Yes," describe the special circumstances: The proQoGed p~sn for thi c nPw der i /rafA incorporates the same no setback area along, the south property tine ac exicrc ~,tit1L- the existing gift shoe. The oronosed deli/cafe is adagCent rn a new hi ;ld;ng addition with outdoor eating area. Z. Are the special circumstances that apply to the property different from other properties in the vicinity which are in the same zone as your property? _ Yes X Ir'o If your:mswer is "yes," desmbe how the property is different: Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by ^eighborine properties located within the same zone? ,Yes X No If your answer i f "yes," describe the special circumstances; Were the special circumstances created by causes beyond [he control of the property owner (or previous propem owners)? R Yes `No EXPLALN The existing, hOtel~ift chnt +ac n rr~ ra.t nn tha p parry ling ..,; rt,gy_y_,_ yard cathark TH propo~c .ri deli/cafe caill orrupy Chic cama In ar;nn--_ The sole purpoie of any variance or Code waivr r shall be [o proven[ disctiminarion, and no variance or Code waiver shall be approved which would have the effec[ of gtancing a special privilege not shared by other property in the same vicinity and zone 'ch ' not the s expres ly autho zed by zone regulations governing subject property. Use variances art no[ permi¢ed. -S g-n~~mr9e~of Pi¢pee r Autho ' A ~~_ ~ Date D~ X tz z(*o% ~ COND OVAL USE B.ERMITNARIANCE NO. 7C~~1Z' ~ `~~ 5~ CUP N0. 2002 - 0 4 6 5 7 CA _._,®USEL INN & S 'ITES 0l k J~ Esc~~ `a x~.catrrvra..af"s*' ~,1 ~'i 9 ;^ December 24, 2002 Planning Commission City of Anaheim Planning Department Anaheim City Hall 200 South Anaheim Boulevard Anaheim, California 92805 Project: New Cafe /Deli Carousel [nn & Suites 1530 South Harbor Boulevard Anaheim, California Subject: Request for Waiver of Code Section 18.48.070.090.0903 Waiver of Interior structural setback and yard requirements Planning Commission Members: Supplemental to our request application for a waiver of the side yard requirements pertaining to our proposed replacement of an existing gift shop with a new deli/cafe are additional existing conditions and restrictions that should be included in your considerations. These are key factors that affect the utilization of this site. 1. The existing site is one of the narrowest within the Anaheim Resort District. The narrow width limits site utilization. 2, Similar to both the Park Inn International to the north and the Tropicana Inn to the south, the Carousel Inn & Suites facility perimeters are extended to the property lines. 3. We are replacing the existing gift shop with a new deli/cafe. The exssting gift shop is built on the property line abutting the adjacent Tropicana Inn concrete block wall along our south property line. 3. The existing buildings at the Tropicana Inn are located along nearly the entire length of the south property line. In fact, the Tropicana Inn envelops nearly all of the property lines to the north, east and south perimeters of their site. There are no existing side yard or rear yard setbacks. ,~~(123147~~. ~ moo, ~~ 4. ~ The structures at the Park Inn International to the north of the Carousel Inn & Suites v3 DEC 2~ are also built on the property line for nearly the full length of their south property line R~CEIyEp adjoining the Carousel Inn & Suites. They also do not have a side yard setback... ~-~NPIIN6 Phone: (714) 758-0444 Fax: (714) 772-9960 ~~P ~0. 2002 - 0 4 6 5 7 1530 South Harbor Boulevard, Anaheim, CA 92802 We are not proposing a change to the site utilization of the existing Carousel Inn & Suites. We are proposing to upgrade our facility by replacing the existing gift shop building with anew,.- structure on the same property line in the same location. This not only replaces an existing property Tine structure on our site but also duplicates the existant land use at the Park Inn International to the north and the Tropicana Inn to the south of our facility. The new deli cafe will be placed on the same location as the existing gifr shop. Our proposed new construction will be combined with new Landscaping to further improve the visual and physical environment of our site, augmenting the pedestrian experience. We appreciate your consideration and encourage you to support our efforts to enhance our on-site facilities, improve our services to our guests and enrich the street environment along Harbor Boulevard. Sincerely, !' Marshall Weinstein General Manager 0~ ~ a ORS ~N>,N6 ~ 0~4~~E~Sd `(t~U ~ ~ B L~~,~ CUP N0. 2002 - 0 4 E II I u-. QN ~ N.fD ID O~h MIEN ~n ~W O Nli m[O~ _N'-O ~h 0:'K NrNC1 ~~ r~m O~~- K~QQ r0W Q ~~> omN m ~ N KU»N ~ ~U>' ' ~ ~ m ~ ~ ~ 0 ~ ~..N~ ~ ~; SAVANNA ST RM-7200 RM_3oo@ RM-1200 CL 83-84.23 RCL 80.61 RCL 85-86-24 VAR 3384. VAR 3163 APTS. CONDOS 28 DU RM-1200 RCL 72-73-19 VAR 2428 DEL AMO APTS. ,_ 143 DU RM-1200 RCL 72-73-19 VAR 2428 CL CUP 3fi92 fi3-6476 (NO OR) CUP 2192 CUP 3404 CUP 3692 CUP 1696 CUP 3220 CUP 3404 CUP 2104 \\ CUP 2925 CUP 3220 CUP 16@7 CUP 2428 CUP 2925 CUP 1198 CUP 2192 CUP 2683 VAR 4117 UP 2124 CUP 2642 A-i 6ELF- 1 4~~~ STORAGE PLANT CL Conditional Use Permit No. 2002-04653 w i i._~r._..i ~ ROME AVE w RS-7200 0 1 DU EACH o: 1 DU EACH m m W z W Q a F RCL 20077W00059 T-cuP zoa14>a49z cuP 26014u4s3 VAR 1946 , I _-_______' I RM-3000 ) RCL 2001-00659 ~~ ~ T-CUP 2061-04492 CUP 2001-04453 18 DU -210'-0~{ I I 1 a4,vw CUP 3911 DENTAL OFF. VAR 1780 RCL 99-00.12 (Res. PflMenl In CL) RCL 686g.fi9 CUP 2794 CONVALESCENT CUP 1108 HOSPRAL x o () oQ ~ W KD h. m L6 O z U o_ x aU °e ~w ¢o ~ Y O 0 m z 0 ,,,,~, GLEN HOLLY DR RS-7200 1 DU EACH y~ a mE RS-A-43,000 CUP _°w~a 1179 CUP 1039 RS-A-43,000 `~p~ > VAR 2157 5 CUP 1309 =v m WINDSOR EDEN ROC °p ~ GARDENS RETIREMENT a NUR584G HOME CENTER BALL ROAD CL RCL 63F4-134 RCL S7S&12 RCL 6657-2fi _ CL Subject Property Date: February 10, 2003 Scale: 1" = 200' Requested By: JUNE NOORDMAN Q.S. No. 6 REQUEST TO EXPAND AN EXISTING PRE-SCHOOL AND CONSTRUCT ADDITIONAL CLASSROOM AREA WITH WAIVERS OF: (a) INSTITUTIONAL USES ADJACENT TO A RESIDENTIAL ZONE BOUNDARY (b) MINIMUM NUMBER OF PARKING SPACES 848, 900 and 906 South Knott Avenue ss1 ®C Staff Report to the Planning. Commission February'10, 2003 Item No: 6 6a. - CEQA NEGATIVE DECLARATION 6b:' :WAIVER OF CODE REQUIREMENT 6c; CONDITIONAL USE PERMIT NO; 2002-04653 (Mptibn for contihuance) SITE LOCATION AND DESCRIPTION: (1) This rectangularly-shaped, 0.96 `acre property has a frontage of 198 feet on the east side of Knott Avenue, a maximum depth of 210 feet; located 465 feet north of the centerline of Ball Road (848; 900 and 906 South Knott Avenue). REQUEST: (2) The petitioner requests approval of a conditional use permit under the authority of Code > Section 18:44.050.920 to expand an exlsting pre-school and tobonstructadditional`` classroom area with waiver of the following: (a) SECTION NO? 18.04.042:020 Minimum structural setback of an institutional use ad'laceht to a residentiakzone boundary. (15 feet7equired; 5 feet proposed). (b) SECTION NOS: 18.06.050.0264 Minimum' number of oarkino spaces. AND 18'.21.066 19 spaces required; 12 proposed and recommended by the City Traffic and Transportation Manager). BACKGROUND: (3) These properties are currently tleveloped with three single-family residences with one of the homes used as apre-school/day care facility. The properties are zoned RS-A-43,000 (Residential/Agricultural) and'the Anaheim General Plan Land Use Elemenk Map designates the properties foc Low Density Residential land uses. (4) The property owner, June Noordman, is requesting that this item be continued to the ' Planning: Commission meeting'of February 24; 2003; in order to advertise a waiver 'pertaining 20 required side yard setback. RECOMMENDATION: (5) That the Commission, by motion, continue this item to the February 24, 2003, Planning Commission meeting. Sr8554vn Page 1< a-s-o3 v~ ~1~ , CONDITIONAL USE PERflAIT NO- oZ~~l-'05~(oS~3 ITEM N0. 7 CEO~STREEt FtS- ~~~ o~ Conditional Use Permit No. 2002-04656 (READVERTISED) Subject Property Date: February 10, 2003 Scale: 1" = 200' Requested By: MIN LING LEE Q.S. No. 103 REQUEST TO PERMIT A 63-UNIT AFFORDABLE SENIOR CITIZEN'S APARTMENT COMPLEX WITH WAIVERS OF: (a) MINIMUM STRUCTURAL SETBACK (b) MINIMUM LANDCAPE SETBACK ADJACENT Tp A SINGLE-FAMILY RESIDENTIAL ZONE (c) MAXIMUM STRUCTURAL HEIGHT WITHIN 150 FEET OF A SINGLE-FAMILY ZONE (d) MINIMUM WIDTH OF PEDESTRIAN ACCESSWAYS 1600 East Lincoln Avenue -Lincoln Palms Motel 562(2003-2-6) Staff Report to the PlanningCommission February 10, 2003 Item No. 7 7a: CEQA NEGATIVE DECLARATION (READVERTISED) (Motion) 7tii WAIVER OF CODE REQUIREMENT:': (Motion) 7c CONDITIONAL'USEPERMITNO;2002-04656 (Resolution) SITE LOCATION AND DESCRIPTION: (1) :This rectangularly-shaped, 1.75 acre property has a' frontage of 372 feet bn the south side of Lincoln Avenue, a maximum depth of 205 feet and is located 330 feefeast of the i centerline of Larch Street (1600 East Lincoln Avenue -Lincoln' Palms Mptel). REQUEST: (2) The petitioner requests approval of a Conditional Use Permit under authority of Code r Section Nos. 18.44.050,305 and 18.94.020 to permit the conversion of ah existing 80-unit motel into a 63-unit"affordable" senior citizen's apartment complex with waivers of the following:; (a) SECTION N0. 18.34.063.022 Minimum structural setback.:. (5 feet required adjacent to the west property line; no setback existing andproposed'.) (b) SECTION NO.`18.34.063:028 Minimum landscape setback adjacent to a sinole familyresidentialzdne.'(20!feetrequired adjacent to the south property line; 7 feet existing and proposed.) (c) SECTION NO 18.94.032:.010 Maximum structural height within 150 feet of a s(ngle-family residentialzone. (16 feet permitted (one half he distance from the west property,line to the structure); 21 feet existing and proposed.) (d) SECTION NO 18.94.035.020 Minimum width of pedestrian'accessways. (DELETED) BACKGROUND: (3) :This property is developed with an 80-unit motel and is zoned CL (Commercial, Limited). 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 sZonin General Ptan Desi nation .North, across Yellow Cab Taxi Service CL ` Commercial Professional Lincoln Avenue and Storage Yard and; .Residential East 'Hardware Store and Single- GL General' Commercial Famil Residences South '.Sin le-Famil Residences RS-7200 LowDehsi :Residential West AhchorMotel /Single- CL and General Commercial and Famil Residences RS-7200 Low Densi Residential sr1108cw.doc Page t Staff Report to the Planning Commission February 10~ 2003 Item No. 7 PREVIOUS ZONING ACTIONS: '(5) The followingzoning actions pertain to this property: (a) Conditional Use Permit No. 2223 (to expand an existing motel with waiver of minimum number`of parkingspaces)wri approved by the Gity Council on July 21, 1981, following approval by the Commission on June 1,..1981. On May 21, 1985 the Council approved an amendment to this permit to modify,the proposed plans to construct an additional 20 units'to an existing 69 unifmotel. Commissionishould note that only 8 motel units exist on the property. (b): Variance No. 2567; (to construct 2 freestanding signs with waiver of permitted location of freestanding signs) was approved by the Commission on December 10, 1973. (c) Variance No. 1137 (to erect a sign) was approved. by the Commission on Augusta, 1959. :DEVELOPMENT PROPOSAL:: (6) The petitioner requests approval to convert an existing 80-unit motel into a 63-unit affordable senior citizen's apartment complex. The siteplan (Exhibit No. 1) indicates the following characteristics: Development' Proposedproject Code requirements for senior standards ..citizen's a artments Site area i 1.75 acres N/A f' 76,230 sf. Dwelling units '63 units 63 units per RM-1200 standards Average land'area .1,210 square feet 1,200, sq.ft. min: er unit er unit Average recreation / 243 square feet per'unit 15,335 200 square feet per unit min. leisure area !square feet total (including (12,600 square feet required) .?indoor common recreation area Indoor common ..1,398 square feet 1,000: square feet min. required recreational area '(7) The site plan indicates the proposed conversion would involve exterior and interior modifications to three of the four buildings. The plan indicates thafbuilding one (along ;' Lincoln Avenue) would tie entirely demolished and a new 3 story Building consisting of thirty-five one`-bedroom units, indoor common leisure areas and a managers'office. Buildings two, hree and four would remain with interiormodifications to the existing motel units, which would comprise the remaining dwelling units and laundry rooms' Page 2 Staff Report to the Planning.Commission February 10, 2003 : '.Item No. 7 (8) The site plan indicates the following setbacks: Nortft adjacent ' 'East adjacent South adjacent SodfhwesY West adjacent to Lincoln .. to commercial to single-family adjacent to i commercial Avenue zone homes' ' single-family zone homes Code .Required 20 feet 10 feet 20 feet 20 feet 5 feet Structural Setback Proposed/Existing - 20 feet 50 feet 63 feet Building does No setback Structural Setback not`abut this (building zone existson bounds ro s line Code Required 20 feet fully None 20 feet fully 20 feet fully None Landscape Setback landscaped landscapetl landscaped with 19 trees with 19 trees with 2 trees Proposed Landscape 20 feet fully None ' 7 feet fully } 0 to 29 feet of None Setback landscaped landscaped landscaping '; with21 trees with 15 trees (9) :The floor plans (Exhibit Nos. 2, 3, 4 and 9) indicate a total of 63 apartment units (61 bne bedroom: units and' 2 two bedroom units) with bedrooms, kitchens, bathrooms, living. areas Nand storage areas. The floor plans indicate the one-bedroom units vary in size from 657 to 690 square feet and the two bedroom units average!900 square feet. Code requires a minimum floor area of 550 square feet for one bedroom units and 700 square feet for two ;bedroom units. All ezisting motel units would be comoletely restored with new kitchen and 'olumbindfacilities and all units would be Handicap accessible. Building No. ~ .Building ~ No:of. ~-', "= Naxof.one;" . No. of two Indoor =area: " ~~ building-,.~ ..;bedroom ~~ `bedroom- common alf floors floors - units , units .. leisure area Buildin One 32,873s .ft 3 35 - 1,398 Buildin Two ` 8,244s :ft 2 7 2 -. - Buildin Three I:6,771s .ft. 1 11 - ' Buildin Four 5,264s .ft. 2 8 - - Total 153,152s .ft. = 61 2' 1,398 (10) The floor plans for building one: also indicate two indoor common area rooms and a 'manager's office on the first floor, one indoor common area on the second floor, anbutdoor common area "deck" on the third floor and laundry hook-ups ahd private storage areas in all units. The floor plans for building two indicate a storage room at the north end of the building and the floor plans forbuilding three also intllcate a laundry room. The petitioner has also indicated locations of rash chutes near the elevator(between buildings one, three and four)'`and near the trash enclosure at the north end of building two. Plans further indicate tFiat elevators would be provided'to serve all multi-story buildings. (total of two). '"Code requires elevators for projects containing three or more stories or thirty or more units `above the first story..: Individual dwelling units musfbe within i50 feet walking distance from the elevator. Page 3 Staff Reportto the Planning Commission February 10; 2003 Item No. 7 ~. " ~ h d "~ Y ~~m ~r~~~~?~h ..}i ~ ..yy l~ ~,.~Wy £ ~ ~ , ~ ~£4"T ~ ~~~f5' ~~ ~i~~ ^ " s " ' ' ~ '' r~~ ~' 5 z ~ ~~rY Fr ~ '3~~~~Ye" v , ~~ f ~ £ `~` ~~ Building Two ~ , { E z ~ ~ Existing motel building j ~ ~ to tie converted into , Y nine (9) seniot citizen's apartments '~ ~~ ~ ~~~ k Y ~£ ~ > Building Three` ~ : Existing motel`building ~ _ ~r . ,.~~ .. ~. ~ , n„ , ,_ .. .., to be converted into ~ eleven(11)senior ~ ,b ~ citizen's apartments u "~~ s~~ ~,~ , ~ ~~~ Nr ~s _ ':~Y ~ ~~~ ,, ~ ~ r ~~~ ~~~~ ~ -~-~, t ~ ~~ ~ ~,-~~ °' Y ,. ~ . ~ , ~~~~ Yr >~~,,~=~~~ ' ~~,,, x } ;~ ~ Y' ~ ° ~~ ~ ~ ~ Building FOUf ~, ~; ~ ~ ~~ ~ ~ ~ ~~ ~ x °~" ° ~ ' Existing motel puilding x „. ~ ~ ~ ~ ~" ~ ~ to be converted into "~~~ ~ ".~ ~ ` eight (8) senior. "° ~ ~ = ~ ik '+ s ~ citizen's apartments e ~~~ ~~ ~ "~_ , ~.~.~l~r- ., '~* 'x`.~~ 3` 'i'.4 'R r "" f D ( 5 dri 'v~'f s+iN`~ y~ ~ fr HA ~^~ " ~" " ~V " Y ~ J~ E Y ~ hJ i E w?s ~~~~~~yy~yy@f' 3 ~h (yJl ~y~.,.~'9 i~~ gyve4 b"~- ~~ < `~ i ~~ ~ , u~~,- ~~S.~ 5 ~~~.~2~ S~ a ' ue ~ r - Y y ,u.~ti~2`~< 's .~. ~FM'~.,•~.,-. .+~s- Page 4 Staff Report 4o the Planning Commission' February 10, 2003 Item No. 7 based on 1 tree per 20 lineal feet Plans further indicate Magnolia, Tipu and Palrrl Trees throughout he walkways and lawn areas within the complex. (14) Plans indicate an approximate total of 15,335 square feet of recreational leisure area with about 10,830square feet of outdoor common area, 1;398 squarefieet of indoar common area and about 3,107 square feeYof private7eisure area (balconies and patios on building one). The floor plans for the indoor common'tecreation rooms do'not show any amenities; however, the petitioner has indicated televisions and'otfier leisure furniture would be provided within these rooms. Plans indicate restoring the pool and.: spa to account for ': approximately 3,250 square feet of common outdoor recreation area designed for a specific activity, Code: requires a minimum' of 200 square feet of useable recreational-leisure area for each dwelling unit 12 600 square feet total) providetl by common and/or private leisure area. Code further requires that a'senior citizen's apartment project with more than 20 units provide 50 square feet of the amount requiretl per unitfor common space designed for a specific leisure activity. (15) Sign plans were not submitted with this request. Code permits two (if flanking the driveway) 2gsquare foot identification signs for multiple-family residential complexes. Site inspections indicate an existing freestanding pole sign along Lincoln Avenue, The petitioner has indicated the sign would.be removed and staff has conditioned its`~emoval. (16) Private storage areas are provided' on the balconies of ali units in building one (new building), Additional storage areas would be provided in common'area rooms on the first floor of building two and he first floor of building four. The proposed storagespace is 100 cubic feet per unit in compliance with code requirements. ENVIRONMENTAL IMPACT ANALYSIS: (17) Staff has reviewed the plnposal and the Initial Study (a copy of which is available for review in the Planning Department) and finds no significant environmental impact and, therefore, recommends that a Negative Declaration be approved upon a finding by the Planning Commission that the Negative Declaration reflects the independent judgment of the lead agency; and that it has considered'the proposed Negative Declaration together with any comments received during the public review process and further finding on tfie 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 environmenk< GROWTH MANAGEMENT ELEMENT ANALYSIS (18) The proposed' project has been reviewed by affected City departments to determine whether it conforms with the City's Growth Management Element adopted by the City ' Council on March 17, 1992. Based on City staff review of the proposed project, it has been determined that this project does not fit within he scope necessary to require a Growtfi` Management Element analysis, therefore, no analysis has beed pertormed. Page 6 Staff Report to the Planning Commission February 10, 2003 `i Item No. 7 EVALUATION: =. (19) :Code permits seniorcitizen's apartment projects in the CL Zone subject to the approval of a Conditional Use Permit and compliance with Code Chapters 18.34 (RM-1200) and 1t3.94 (Criteria for Senior Citizen's Apartment Projects). A density bonus is not proposed as part "of this petition. (20) Waiver (a) pertains to minimum structural: setback. Plans indicate that building two is 'existing'and proposed on the west property line withno structural or landscape settiack. Code requires a 5-foot wide setback based on the length, type'and height of the building ?wall. When this building was constructed'as part of the motel applicable site development standards`did not require thebuilding to tie setback from the property line. since it was abufting another commercial use. Building permits'ndicate that building two was legally `constructed on the property line with aone-hour firewall and no openings in 1986. Plans indicate that bathrooms and kitchens without windows for all units in building two would .:abut the west elevation. Because the building is existing and originally permitted onahe property line and no structural modifications are proposed to this elevation, staff recommends approval of this waiver. (21) :Waiver (b) pertains to minimum landscape setback adjacent to asingle-family residential 'done. Plans indicate'a 7-foofwide settiack (existing). along the outh property line planted with groundcover and fifteen 15-gallon size Tipu Trees. Code requires a 20 foot wide fully :landscaped setback!with 19 trees adjacent to the single-family residentiafzone. The petitionerhas indicated the landscape planter width cannot be'increased because of the s,required drive aisle width. The Commission may wish to note that the structurel setback is '32 to 63feet from the south property line`and the existing seven-foot planter area could "accommodate the required number of trees. St2~`°=_els the intent of the landscapebuffer between'single-family homes and multiple fam+` inplexes is!to shield noise and greater amounts of activityassociated`with higher densty Housing. This area would still function as a parking'area as itdoes currently with the motel. The proposed use would be equal to or less intense than the current motel and the existing planter area could accommodate the `,required 19 trees to buffer any potential visual intrusion; therefore, staff is recommending approval of this waiver pertaining to the width of the planter, but recommends that the 19 'trees beprovided. ` (22) .Waiver (c) pertains to maximum structural height within 150 feet of asingle-family :'residential zone. This waiveronly pertains to building two adjacent to the west property line. ::Plans indicate building two is existing and proposedat a height of 21 feet: Code limits the maximum height of'any structure within 150 feet ofasiHgle-family residential zone boundary,to one-half the distance of saidstructure to the zone boundary (Code allows the height of'a seniorcitizen's apartment project to be determined'by Conditional Use Permit when not located within 150 feet of asingle-family residential zone). Building two is located 32 feet from the south property line (adjacent to single-family residences), which permits a 16-foot (one-half of 32) building. Because the building exists and the proposed conversion 'to senior'citizen's apartmentswould be equal to or less intense than the'existing motel, staff recommendstapproval of this waiver. (23) Waiver (d) pertaining to minimum pedestrian accessways hasbeen deleted. ' Page 7 S Staff Report to the 'Planning Commission` February 10, 2003 Item No. 7 (24) The petitioner has submitted the Code-required information pertaining to accessibility of services indicating that food markets, retail stores, medical offices and a bank are readily available along Lincoln Avenue. Public transportation is also available with bus lines'on Lincoln Avenue. (25) The City Council approved a similar motel conversion to an "affordable" senior citizen's apartment project for the Lincoln hn Motel oh Januaryl4, 2003 (following by Planning Commission,approval on November 18, 2002). A comparison summary between Lincoln Inn and Lincoln Palms (proposed project) is'shown in the following chart: Project Site Size ! No. of units Unit types No. of waviers Recreational leisure area Former Lincoln Inn 1.7 84 units (49 du 64 studios 5 waivers requested (5 24,000 square Cherry Orchard acres pegacre) 2 one bedroom waivers'granted by ; feet total s 18 two bedroom `:Ci Council 1/14/03 Proposed project 1.75 63 units (36 du ' 61 one bedroom 3 waivers requested 15,335 square Lincoln Palms acres per acre) (No 2 two betlroom 'feet total densi '.bonus (26) Plans indicate locations for common area gathering; however, amenities within the indoor common areas and hardscape features nearthe pool or grass lawn outdoorcommon'areas are not specified. Staff recommends that final plans be!submittedito the Zoning Division for review and indicating specific recreational and leisure amenities to ensure the development ofah1gh-quality living and leisureenvironment. (27) The Community Development Department has indicated that the applicant has met and discussed affordability criteria. All senior citizen's housing projects are subject to the affordability requirements of CodeiSection 18194.040. This project does not involve a request for density bonus. The applicant will continue to'work with'the Community DevelopmenfDepartment regarding affordability criteria: (28) In accordance with the Zoning Code, an architectural consultant for the Community DevelopmenfDepartment (Steven Wraight) has reviewed the submitted plans and provided the attached domments;The comments indicate the proposed design "is fairly successful in transforming'the existing motel into a senior Rousing project" and;provided comments that, if considered,: could enhance the livability and provide a'solid housing project. Staff concurs with the comments provided by Wraight and has recommended conditions of approval to accommodate these design suggestions. Some of these comments include;: e .:Consider tlistributing the handicapped parking spaces throughout the site. ® .Reorganize the floor'plan for the new building to eliminate the'patios and sliding glass doors on'the first floor facing Lincoln Avenue. Design the laundry room in building three'to allow a view to the pool area: Widen the western recreation room on the second floor of building one to be more ::conducive to a widerrange of recreational activities:' {29) Staff is supportive of the adaptive reuse of the motel for an "affordable" senior citizen's apartment complex. To address outstanding overall design and livability concerns, staff has conditioned that final plans (floor, elevation and lahdscaping)'and colors and materials Page 8 Staff Report to the Planning Commission February,l0, 2003 Item No. 7 tie submitted to the Zoning Division for review and approval showing the elimination of patios and. doors for the first floor of building one facing Lincoln Avenue, specific amenities for all common recreationallleisure areas;: stamped concrete at the driveway entrances .`along Lincoln Avenue and further to provide additional architectural features for thenew building along Lincolh Avenuel(tiuiiding one). (30) The Senior Citizen's Apartment Ordinance (Code Section No. 18.94.031.030) requires that projects comply with the following age and occupancy limitations: (a) That not more'than two (2) persons, at least one (1) of whom must be a senior 'citizen, shall7eside in, orbe permitted to reside in, any?bachelor unit or one (1) bedroom unit; (b) That not more than three (3) persons, at leastone (1) ofwhom must be a senior citizen, shali'reside in, or be permitted to #eside in any two (2) bedroom unit; and (c) That all occupants and residents of any dwelling unit who are not senior citizens, other than the spouse or cohabitant of, or a person who'resides with and provides primary physical or economic support to, theYesident senior citizen, shall beat least 45;years of age exceptthat temporary residency by a person less han 45 years of age: for a cumulative period of sixty: (60) days`in any calendar year+shall be permitted. FINDINGS: (31) .When practical difficulties or unnecessaryhardships result from strict enforcement of the `Zoning Cotle, 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 ole purpose of any code waiver is to prevent discrimination and none shall be?approvedwhich would have the effect pf granting a specialprivilege not shared by other similar properties. Therefore, before any code waiver is granted by the Planning Commission;' it shall be'shown: (a) That there are special circumstances applicable to the property such as size; shape, topography, location orsurroundings, which do not apply to other identically zoned properties in he vicinityand (b) That strict application of the Zoning Code deprives the property of privileges enjoyed by other properties underidentical zoning classification in the vicinity. `~ (32) ,Before the Planning Commission grants any Conditional use permit, it must make a finding of fact that the evidence presented shows that alf 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 hat said use is not listed therein as being's permitted use; (b) That the proposed use will not adversely affect the adjoining land uses and the growth and'development of the area in whichit is proposed to be located; (c) That the size'and shape of the site for the proposed use is adequate to allow the full development'of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare; ' Page 9 Staff Report to the Planning Commission'. February 10; 2003 'Item No. 7 (d) That the traffic generated by the proposed use will not impose an undue burden uponthe streets' and highways designed and improved to cany 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. (33) The Senior Citizen's Apartment Ordinance (Code Section 18.94.031.030) further requires that the developer of a senior citzen's apartment project provide evidence as to the location of the site in gelation to he proximity and accessibility o necessary services, including j grocery stores, transit stops, medical facilities and banks. The petitioner has prepared'a vicinity map showing the location of these services. The Ordinance further requires that prior to approval of a conditional use permit, the Commission shall make mandatory findings that the evidence presented shows that said project is reasonably accessible to the servicesridentified above. RECOMMENDATION: (34) 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 of the public hearing, that the Planning Commission take the following actions: (a) By motion, a rove the CEQA Negative Declaration. By motion, approve waivers (a) pertaining to minimum structural setback and (b) pertaining to minimum landscape setback adjacent to asingle-family residential zone and (c) pertaining to maximum structural height within 150 feet of asingle-family residential zone, and deny waiver (d) pertaining to minimumlwidth of pedestrian accessways based on the'following: (i) That waivers (a), (b) and (c) are based on the constraints of adaptively reusing the' existing structures. (ii) That wavier (d) pertaining to minimum pedestrian accessways should be denied because it has been deleted. (b) By resolution, approve Conditional Use Permit No. 2002-04656 (to convert an existing 80-unit motel (Lincoln Palms Motel)' into a 63-unit:"affordable" senior citizen's apartment complex) based on the following: (i) That the proposed use (senior citizen's apartment complex) is properly one for which a conditional use permit is-authorized. i (ii) That the proposed complex would'. not adversely affect the adjoining existing residential and commercial land uses or the growth and development of the surrounding'areas since all but one of the buildings (no: 1) is existing and the impact of the development would tie reduced from SO motel units to 63 senior citizen's apartment units. (iii) That the project would provide a significant affordable housing opportunity for Anaheim residents. Page 10 (iv) THE FOLLOWING CONI ANINTERDEPARTMEN PLANNING COMMISSIC 1. .That lighting fixtures be down-lighted with away from adjacent be so-specified on th 2. That the owner of su Permit Nb 2223 (to Variance Nos. 2567 freestanding signs) 3. That final elevation a Development Depart patios and'doors aloe "areas (indoors and o 'building along Lincol `bevelopment Deparf Reports and Recom for building permits. 4. That a final IandscaE plan shall'implemem and groundcover. T' landscape setback. a adjacent'to Lincoln'F complex.' All trees s 'retained as part of'th be appealed to the F Staff Report to the Planning. Commission February 10, 2003 Item No.2' That the size and shape of thepropertyfor the proposed use is adequate to allow the full development of this seniorcitizen's apartment complex, and that this development would be constmcted with amenities comparable to other senior citizen's apartment complexes approved along Lincoln: Avenue; and ' would provide livable affordable units for senior citizens. )ITIONS ARESUBMITTEDBY VARIOUS CITY DEPARTMENTS ACTING AS fALCOMMITTEEAND AREiF:ECOMMENDED FOR ADOPTION BY THE N IN THE EVENT'THAT THIS PERMIT IS APPROVED. n any proposed parking area located adjacent to any residential property'shall a maximum height of twelve (12) feet. Said lighting,fixtures shall be directed ~sidential property lines to protect the residential integrity of the area and: shall plans submitted fbtbuilding permits. eject property shall submit a letter requesting termination of Conditional Use xpand an existing motel with waiver of minimum number of parking spaces), to construct 2 freestanding signs with waiver of permitted location of nd Variance No. 1137 (to erector sign) to the Zoning bivision. ' id floor plans shall tie submitted to the Zoning Division and thelCommunity Went for review and;approvaL `Said pians`shail indicate removal of ground floor ig Lincoln Avenue, demonstrate amenities for ali common recreational/leisure ~tdoors) and further;to provide additionafarchitectural features for the new i Avenue'(building one). Any decision by the Zoning;Division or Community Went regarding said'plan may tie appealed to the Planning Commission as a nendation Item. Said information shall be specifically shown on plans submitted e plan shall be submitted to the Zoning Division for review and'approval. The a layeredilandscape;treatmenfalong Lincoln Avenue consisting of trees, shrubs ie plan shall indicate'19 evergreen trees within the existing 7-foot wide ong the south property line, 19 trees within a 20 foot'wide landscaped setback venue and groundcover with trees throughout the common areas within the call be 24-inch box size. The existing Canary Island Date Palms shall be` e landscape plan. Any decision by the Zoning Division regarding said plan may Tanning Commissidn as a Reports and Recommendation Item: 5, s That the'ezisting pole sign along Lincoln Avenue shall be removed. Said: information shall be'! `specifically shown oh plans submitted fornbuilding permits. 6. That any hew signs shall be subject to the Anaheim' Municipal Code pertaining to the "RM-1200" `Residential Multiple,Familyxone. Said plans shall tie reviewed and approved by the Zoning Division. Any decision made by the Zoning Division may be appealed to the Planning Commission as a` "Reports and Recommendations" item. 7. `That the parking lot shall be slurry sealed'and re-striped to the satisfaction of the Traffic and Transportation Manager. Both driveway entrances shall have decorative stamped concrete installed transitioning from the public right-of-way to the on-site pavement. Said ihformation'shall be shown on plans submitted for building permits. t3. 'That not more than two (2) persons, at least one (1) of whom must be a senior citizen aged (a) sixty two (62) or older shall reside in, or be permitted to reside in any bachelor or one (1) bedroom unit; and that not more'than three (3) persons; at least one (1) of whom must be a senior citizen; shall `Page 1T Staff Report to the Planning Commission February 10; 2003 :Item No. 7 reside in, orbe permitted to reside in any two (2) bedroom unit; and that all occupants and residents of any dwelling unit who are not senior citizens other than the spouse or cohabitant of, or a person who resides`with and provides primary physical or economic support to the resident senior citizen, shall be at least forty five (45) yews of age except that'temporary residency by a person less than forty five (45) years of age for a cumulative period of sixty (60) days in any calendat year shall be permitted; and that an unsubordinated covenant in a form approved by the City Attorney so-limiting such occupancy shall be recorded with the Office of the Orange County Recorder by the legal owner of the property. A copy'of said recorded covenant shall then be submitted to the Zoning Division. 9. Tftat elevators shall be provided for this subject senior citizens' apartment project so that each apartment entrance is located no'more than one hundred fifty (150) feet walking distance from an elevator. Each elevatorshall comply with the State of California Fire Life Safety regulations. Said information shall be specifically on plans submitted for building permits. 10. That the legal property owner shall enter into an unsubordinated recorded agreement with the City of Anaheim pursuant to California Government Code Section 65915; and Chapters 18,94 of the Anaheim Municipal Cotle. Such'affordable agreemenf shall include appropriate rental controls as specified by the City, and the duration of the'agreement shall be fora 30-year period. After the agreement has been recorded, a copy shalltie provided to the Zoning Division. 11. That the Anaheim Housing Authority shall be'afforded a first right of refusal in referring eligible tenants to affordable units. 12, That the developer shall: submit a written agreement to the Housing Authority agreeing to comply with all reporting requirements under the Affordable Housing. Development Program. 13. That any proposed ground or roof-mounted mechanical equipment shall be subject to the requirements of the Anaheim Municipal Code: Said information sftall be specifically shown on plans submitted for building permits. 14. That the locations for future above.-ground utility devices including,'. but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on plans submitted for building permits. Plans shall also identify the specific screening: treatments of each device for existing and proposed devices (i.e, landscape screening, color of walls;: materials;' identifiers, access points; etc.) and!shall be subject to the review and approval of the appropriate City departments. 15. That the legal(owner of subject properly shalt provide the City of Anaheim with a publicutilities easement across the property to be determined as electrical design is completed. 16. That any required relocation of City electrical facilities sfiall be at the developer's expense. Landscape and/or hardscape screening of alfpad-mounted equipment shalt tie required and shall be shown on plans submitted for building permits. 17. That since this project has a landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed in compliance with Cftapter 10.19 of the Anaheim Municipal Code and Ordinance Na 5349 regarding water conservation. Said information shall be`specifically on plans r submitted forbuilding permits. 18. That all existing water services and fire lines shall conform to current Water Services Standards Specifications3Rny water service and/or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The Page 12 Staff Report to the Planning: Commission February 10, 2003 Item No. 7z owner/developer shall be responsible for the costs to upgrade or to abandon any water service'or fire line. 19. That all requests for new water service or fire lines, as well as any modifications, relocations, or abandonment of existing water: services and fire lines; shall be'coordinated through the Water r'Engineering Division'of the Anaheim Public Utilitiesbepartment 20. That gates'shall not be retainedor installed across any driveway in a manner which may adversely affect vehicular traffic in the adjacent public street. Installation of any gates shall conform to Engineering Standard Plan No: 609 and shall be subject to the?eview and approval of the City Traffic and TransportatiohManager. 2t That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the current version of Engineering Standard Plan Nos. 402, 436, 601, 602 and 604 pertaining to parking standards and driveway ocations. Subject property shall thereupon be developed and maintained in conformance with said plans. 22. That an on-site trash"truck turnaround area shall be provided per Engineering Standard Detail No. 610 and shown on plans as required by the Department of Public Works; Streets and Santtatiort Division.' Said area shall be specifically shown on plans submitted for building permits. 23. That the developer shall submit satisfactory evidence (a noise study) to the Building: Division showing that the complex is in conformance with Council Policy Number 542 "Sound Attenuation in Residential Projects"Wand with Noise Insulation Standards specified in the California Administrative Code, Title 25. 24.'That all remaining driveways shall be reconstructed with ten (10) foot radius curb returns as required by the: Cjty Engineer'in conformance with` engineering Standard No. 137. Said information shall be specifically shown oRplans submitted for building permits. 25. That trash storage areas shall tie provided and maintained in locations acceptable to the Public 'Works Department; Streets and Sanitation Division and in accordance with approved plans on file ':with said Department: The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum 1-gallon size clinging vines planted on maximum3-foot oenters or tall shrubbery. Said information shall be pecifically shown ohthe plans submitted'for 'building permits. 26. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to 1hePUblic Works Department, Streets and Sanitation Division for review and approval. 27. That the legal property owner shall submit an application for a Subdivision Map ActCertificate bf Compliance to the Public Works Department, Development Services Division. A Certificate of`r Compliance or Conditional Certificate of Compliance shall be approved by the City Engineer. and recorded in the Office of the Orange County Recorder. 28. That a Lot Line Adjustment to merge the parcels shall be submitted to the Public Works Department, i Subdivision Section and recorded in the Office of the Orange County Recorder. 29. That the developer shall submit a Water Quality Management Plan (WOMP) specifically identifying the post construction best management practices that will be used on-site to controlpredictable pollutants from storm water runoff. The WQMP shall be submitted to the Public Works Department, Development Services Division for revieWand approval. Page 13 Staff Report to the 'Planning Commission February 10, 2003 Item No. 7 30. That subjectproperty shall be developed substantiallyin accordance with plans and specifications submitted to,the City of Anaheim. by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos:' 1 through 9, and as conditionetl herein. 31. 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, ConditionNos. 1, 2,'3, 4, 5, 7, 8, 9, 10, 12, 13, 14, 16, 17, 20,21, 22, 23, 24, 25, 26, 27, 28 and 29'above-mentioned, shall be complied with: Extensions for further time to complete said conditions, may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 32, That prior to final building and zoning inspections, Condition No. 30, above-mentioned,: shall be complied with. 33. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal zoning Code and any other applicable City, State and Federal regulations. Approval'does not include any action or findings as to compliance or approval of the. request regarding any other applicable ordinance, regulation or requirement: Page 14 ATTACHMENT - I TE11 N0. 7 SECTION 4 PETITIONER'S STATEMENT OF NSTIFTCATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) C REQUEST FOR WAIVER OF CODE SECTION: (A separate statement is required for each Code PERTAINING TO: 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 Planning Commission, the following shall be shown: That [here 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. 2. 3. 4. Are the special circumstances that apply [o the property different from other properties in the same zone as your property? Yes _ No The sole purpose of any variance or Code waiver shall be to prevent dtscnmrnahon, ono no vanance or coae waiver snai~ oe approved which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone which is not otherwise expressly authorized by zone regulations governing subject property. Use variances are not permitted. l ~2 •?r7~ p2 Si azure of Prope O er o Authorized Agent Date CONDITIONAL USE PERMIT/VARIANCE NO. -. DECEMBER 12, 2000 Lu~L i.~~t" 1•~~. '~ - ~ '. J ~: '7 ~ Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundings? ~ Yes ^ No. U Do the special circumstances applicable [o tl}e property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? ~/ Yes No Were the special circumstances created by causes beyond the control of the property owner (or previous property ownersl? V Yes No ATTACHtfEtlT - I TEI1 N0. 7 PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIItED FOR PARKING WAIVER) SECTION 4 REQUEST FOR WAIVER OF CODE SECTION• ' ~ ' PERTAINING TO: (A separate statement is required for each Code waiver) L' r :, sir ( 4~~' I'r.. ~,•1-t~ ,~ Sections 18:03:040.03p and 18.12.060 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 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 sough[, fully and as completely as possible. If you need additional space, you may attach additional pages. Z. 3. 4. Are the special circumstances that apply to the property different from other properties in the same zone as your property? Yes _ No The sole purpose of any variance or Code waiver shall be to prevent discritninahon, ana no vanance or t:o4e waiver snap oe approved which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone which is not otherwise expressly authorized by zone regulations governing subject property. Use variances aze not pemiltted. Si afore of Prope O rer o Authorized Agent Date CONDITIONAL USE PERMITNARIANCE NO. DECEMBER 12, 2000 SUP Ply. "~~'?~ - ~ : ~~ : 6 Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundings? ]~, Yes _ No. Do the special circumstances applicable to tl}e property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? Yes No Were the spe al circumstances created by causes beyond the control of [he property owner (or previous property owners)? V Yes _No ATTACHtIENT - ITEt1 tJO. 7 PETITIONER'S STATEMENT OF NSTIFICATION FOR VARIANCE/CODE WAVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: PERTAINING TO: '?~~ ~ G ~-- `'~ . C' "vim SECTION 4 is required for each Code waiver) - - Sections 18.03.040.030 and 18.12.060 of [he 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 Adminishator 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. 2. 3. 4. Are there special circumstances [hat apply to the property in matters such as size, shape, topography, location or surroundings? ~ Yes _ No. Are the special circumstances that apply to the property different from other properties in [he same zone as your property? Yes _ No If your ans~ye~rr if "yes," describe the ....i i . V nv.. M : ir/v.. 2 The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no vanance or t;ooe watver snau ne approved which would have the effect of granting a special privilege not shazed by other property in the same vicinity and zone which is not otherwise expressly authorized by zone regulations governing subject property. Use variances aze not permitted. Si afore of Prope O er o Authorized Agent Date CONDITIONAL USE PERMITNARIANCE NO. DECEMBER 12, 200p ~41~ rlra n.;, _ ~ . ~~ : 6 ~ Do the special circumstances applicable to tUe property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? Yes No Were the sper~t~al circumstances created by causes beyond the control of the property owner (or previous properly owners)? t~ Yes _ No ITEM N0. 8 CUP d124 IND. SLOG. SP 941 ~ 941 F )0.]1-OR21 SP 941( >0.)1~gry0) W CUP 20010.9492 )0.4)14<G91 )0.)1-d6 SP 90-i U.6. POSTAL SERVICE SP 99'1 ~ T.CUP 200L09]96 CUP Z609-0492 fi6E)-6411) PRDCES61NG8 FIST. )]Pit-06u' N CUP 2]6' CANYO ENTER ERCE 66E)-fiJ CENiEfl y.2]20 CUP 2000-04Z]2 ~ CALIBER MOTORS CAUSER MOTORS CIOA COMPOSRES CUP 2]'n w LALI6F-R 2 - MOTORS I%1 m ZJTp•YO ~y LA PALMA AVENUE IMPERIAL 196' FAIRMONi pgRKING LOT I ~ RECREATIONAL PRIVATE SCHOOL ~ II FALILItt I ~ I SP 941 ' ]0.)bd)14) )0.)I-0fi SP 941 SP 941 ( H.HOLHdEONS 66£i-69(1) RLL ]0.)1J)129)~ ` GULFS WESTERN 65fi)£6 RCL ]0.)Ydfi * INO.INL. EEGIMS MOVING T-CUP2602-09fi55 6 GTORAGE T-CUP209Z-045fi2 T-CUP 3002-04550 Y CUP 2661-01]]25. CUP P26 CUP 2566 LUP 1163 THE SHEPHERDS ANAHEIM SHOPPE PARKING MILLS CORP. LOT VINEYPAD MINISfiRIES (PRE-6CHOOL~ RSA-03,000 ftSA~43,006 '~ SAMA ANA SANTA ANA RNER DEp RNER BEO Conditional Use Permit No. 3726 Subject Property TRACKING NO. CUP2002-04655 Date: February 10, 2003 Scale: Graphic Requested By: VINEYARD CHRISTIAN FELLOWSHIP Q.S. No. 178 TO MODIFY PREVIOUSLY-APPROVED EXHIBITS FOR AN EXISTING PRIVATE SCHOOL AND TO AMEND A CONDITION OF APPROVAL PERTAINING TO THE PERMITTED NUMBER OF STUDENTS. 5310 East La Palma Avenue -Fairmont Private School sso Staff Report to the Planning Commission February 10, 2003 'Item No: 8 8a. CEQA NEGATIVE DECLARATION (Motion) 8b. CONDITIONAL USE PERMIT NO. 3726 (Resolution) (TRACKING N0. CUP2002-04655) SITE LOCATION AND DESCRIPTION:'. (1) This rectangularly-shaped, 23.08-acre property has a frontage 1,238 feet on the south side bf La Palma Avenue,:has a maximum depth of 860 feet and is located 2;370 feetwest of the centerline of Imperial Highway (5310: East La Palma Avenue -Fairmont Private' School). s ` REQUEST: (2) The petitioner requests to modify previously-approved exhibits for an existing private school and to amend a contlition of approval pertaining to the permitted number of students under :authority of Code Sections 18.03.092 and.18.110.100.050.0519. BACKGROUND:' (3) This property is developed with a church and two accessory schools and is zoned SP94-1, DA2 (SC) (Northeast Area Specific Plan;. Expanded Industrial Area, Scenic Corridor overlay). The Fairmont Private School portion of the property is located within the Project .Alpha (Northeast) Redevelopment Area and is designated on the Anaheim General Plan I Land Use Element Map for General Industrial land uses. (4) Surrounding land uses are as follows: ~r- Directioo,~ , ~;~~Lartii Use ~Zoning~ ~~., . ~~ ~~ "<General Plan.- ' ~~ - - - °Desighation. = North (across La Palma Post Office, Auto SP94-1 ryDA 2; (SC) General Industrial Avenuep. ::Sales Facilities, Industrial Firms East Industrial Ftrms SP94-1i DA 2; (SC) General Industrial South < Santa Ana River SP94-1' DA 6 (Water uses> Water Uses (SG) West lndustriaLFirms SP94-1 DA 2 (SC) Generalindustrial (5) Gonditional Use Permit No. 3726 (to expand a previously approved private educational institution'as an accessory use to an existing church facility) was approved by the Planning ''Commission on October 31, :1994. Subsequent to Commission approval'on March' 17, (1997, the City Council on May20, 1997, approved revised plans to modify the auditorium to "create nine (9) additional classrooms and increase the enrollment from 450 to 650 students for five (5) years, to `expire on June 20, 2002. On February 9, 1999, the Commission approved the conversion of an`existing warehouse and office building into seven (7) additional'classrooms. On June 17, 2002, the Commission approved reinstatement of this permit without timelimitation. sr8552vn Page 1 Staff Report to the :Planning Commission< February 90, 2003 ltem No. 8 (6) Conditional Use PermifNo. 3506 (to permit a school in addition to apreviously-approved church) was. epprovedby the Planning Commission on May 18, 1992, fora :period of five (5j years. This permit was reinstated by the Commission on June 17, 2002, without further time limitation (Vineyartl Christian Scheol). ,' (7) Conditional Use Permit No. 3363 (to permit a church facility with waiver of minimum number of parking spaces and waiver of permitted hours of operation) was approved by the Planning Commission on December 3, 1990'for a period of three years, In'1991, this: conditional use permit was readvertised to permit a school use in'addition to a previously approved church and to amend conditions'of approval pertaining to limitations on the s' duration of churches in the Canyon Industriaf Area with waiver of minimum number of parking spaces. (8) Ordinance No. 5224, adopted by the City Council on May 21, 1991, allows churches in he Canyon Industrial Area on a permanent basis. In orderto establish a church under this Code provision, the church must be the exclusive use of the property, and subject to limitation in hours and days of operation andlength of time as specified ih the conditional use permit. Such churches may also include'educational facilities'as an accessory use. PROPOSAL: (9) The'petitioner is requesting to modify previously-approved exhibits for an existing private school by converting a 9,122 square foot bookstore and storage area into six'classrooms and'assembly area; convert a 5,430'. square foot storage area into a gymnasium and two classrooms fora total of 37 classrooms; and, amend a condition of approval pertainingjto the permitted Dumber of students from 650 to 775 students. The proposal also includes' converting 17 parking spaces into anew playground area on the west side ofthe existing building and converting 9'parking spaces on the east side of the building to a hew outdoor basketball court. (10) The submitted site plan (Revision No. 3, Exhibit No. 1) indicates the six classrooms and' assembly room (previous'bookstore)wDuld be located on the east side of the school building. The proposed gymnasiumand two future classrooms would be located adjacent to the proposed assembly area. No increase in building square footage is proposed. The site plan indicates an expanded playground on thewest side of the builtling contiguous to the existing playground area The existing playground area on the eastside of the building would be modified to include a basketball court. (11) The floor plan (Revision No. 3, Exhibit No. 2) for the previous bookstore area indicates a' total. of 4,382 square feet of classroom area (six classrooms) adjoined by 4,740 square feet of assembly area for a total area of 9,122 square feet. The proposed gymnasium and two classrooms (including restroom areas) would utilize a total of 5,420 square feet. This expansion will increase the overall square footage occupied by Fairmont Private School to 36,380 square feet. (12) Access to the site is provitled via two driveways on La Palma Avenue and two driveways off Cambridge Circle (private street). Plans indicate the property is currently developed with 1209 parking spaces. The petitioner proposes to eliminate 26 spaces for a total of 1'183 spaces. Code fequires a minimum of iJ105 .spaces hosed on the following cfiart: Page 2 Staff Report to the Planning Commissioh February 10, 2003 Item No: 8 -- ; USE ~ S(2ULXRE -,,;,,CODE-Ri°_4llIRED ~ ~ ,.~REt1UIREq~-.. ".,"` < <~ ';FOOTAGE `~~:-r PARKMG RAT(O:'; ~~ ~-N~UMBE(2 O~ ` ~SP.ACES`'~ "~ 5~anctuary ~ ~ 30,288 ~ 29/1,000 ~ 878.4 Offices ,'.19, 008 4 /.1,000 76 Church Production 12.0 Department 7,710 1.55 /'1,000 Church Recording 10.3 Studio 6,669 1.55 f 1,000 >Church Warehouse 28,083 1.55 f 1,000 43.5 Private School Noy of Students (775) Y / 10 students 77.5 6No. of Employees (6); 1 /employee 6 Drop -0ff !' 1 parking space 1 TOTAL -1,105 It should be noted that Code does not require any additional parking for an accessory school use to s a church (approved under Conditional Use Permit No. 3506),as long as he church is the primary use of the property. The petiticner has hdicated that the Vineyard Church is still the primary use of the site.- (13) It should be noted that there are no proposed changes to the exterior of the building. '„ (14) The petitioner has indicated a current student population of 575 students and that the hours of operation would remain consistent with previous approvals. The hours of operation are as follows:;: Classes: 8:30 a.m. to 3 p.m., Monday through' Friday School Office Hours: ' 7:OO a.m. to 6 p.m., Monday through Friday (15) Sign plans were not submitted as part of this request.: ENVIRONMENTAL IMPACT ANALYSIS: (16) 'Staff has reviewed the proposal to modifypreviously-approved exhibits for an existing I ;private school and to amend a condition of approval: pertaining to the permitted number of students and the initial study (a'copy of which is available for review in the Planning, :Department) and finds no significant adverse environmental impact and therefore, 'recommends that a Negative Declaration be approved upon a finding by the Planning :Commission that he :Negative Declaration`reflects the independentjudgment independent Judgment of the lead`agency; and that it has considered the proposed Negative Declaration together with any comments received during the putilic review'process and further finding on the basis of the Initial Study and any comments received that there is no substantial evidence hat the project will have a significant effect on the environment: GROWTH MANAGEMENT ELEMENT ANALYSIS: (17) 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 Page 3 Staff Report to the Planning Commission February,l0, 2003 'item No. 8 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) Private schools are permitted in SP94-1; DA!2 (SC) zone, subject to approval of a conditional use permit. This request is for the physical expansion: of apreviously-approved private school into existing building area andao allow up to a maximum of 775 children: This private school was originally approved for a maximum enrollmenEof 450 students in 1994, ahd was increased to 650 in 1997:` (19) The Vineyard church nolonger utilizes the bookstore and storageareas and has authorized Fairmont Schools to use this existing floor area. The petitioner is'proposing a total of 49,620 square feet of outdoor playground%area forthe students: State law requires 75 square. feet ofbutdoor play space per child, for a total of 58.125 square feet required (775 children'x 75 square feet = 58,125 square feet).; The petitioner indicates thatno more than 100 children are"allowed in the outdoor play area at a time therefore, the outdoor play area provided would be in compliance with State'Licensing requirements. (20) Code Enforcement records indicate no current violations pending for this location and a site inspection and photographs indicate the property is well: maintained. 'f tl~ /Ck ~~ ~SSMr !. ~' i ~~ _ 1 ., i~ t y.,~ PJ~' / < 4 ~ P i ~~Y f ~~fi~t ry ~ ~~' s S'`x^.,'^,n ' iii r ~ ~ ~ x.Y ~ v i5'.~,~~" ' s f 4' ~'~ ~ `~`~ ~ ~'m's ! ~r ~ ~ ~b~, .~,~, t .. z ~ ~~~'{CU~~c.v, t i e .. rV i -~ sr +z, ;F. ~„ , ,.. ~.. ~~- ^~ ~ h c t as ... re.,, ~,s,,.,:r ,. _ . ,'". ,r '"i~~.~~f`-`'4.w + _~r''~",. `':. , ., a-s.. ~~ ~r ~~:~F`.,~f r North elevation (front) of Fairmont School Building. (21) The Commission may recall that this private school was'reinstated'in May of 2002, without further time limitation. At hat time, staff evaluated thetand use patterns forthe area and Page 4 Staff Report to the Planning'Commissibn February 10, 2003 ' Item Nb: 8 noted that land uses in the area had transitioned from'purely industrial landuses to a'mix of commercial; professional offices, governmental and industrial land uses. The schoolwas approved as an accessory use to the church (also without a time limitation). and therefore, :may operate on the property as ong as the'church continues to exist on the site. Staff is ..sensitive to the need,to preserve and encourage the continued'development of the City's industrial base without interference or concern from non-industrial uses. In this case(the 'church was'approved'without atime limit and the property is owned and operated by the church. The school is!accessory to the church and could not operate at this location- independently. Staff feels as an accessory use to the church, ezpansionaf the school and the requested increase of the permitted number of students continues to be conducive to the area. Therefore, recommends approval of the request. (22) A portion of this property is located with the Alpha Northeast Redevelopment Project Area. The Community Development has reviewed this request and concurs with the Planning Department's recommendationfor approval. (23) Commission may wish to note that the Traffic and Transportation Manager has met with the 'petitioner7egarding the potential installation of a Traffic signal to serve thebombined uses on the property and the post office across La Palma'Avenue. Staff has included a condition `of approval to require the preparation of a traffic study and if warranted, that a bond be posted to guarantee instailation'of the signal. FINDINGS: (24) Before the Planning Commission grants any conditional use permit, it must make a finding of fact that the evidence presented+shows that all of the following conditions exist: (a) That the proposed use is properly one for which a conditional use'permit is authorized by the Zoning Code, or hat said use is not listed therein as being a permitted use; {b) Tftat the proposed use will not adversely affect the adjoining landuses and the 'growth and development of the area in which it is proposed to belocated; (c) That the size and shape of the site for the proposed use is adequate to allow the full developmental the proposed use'in a manner not detrimental to the particular area nor to the peace, health; safety, and general'welfare; (d) That the traffic generated by the proposed use will not impose an Lndue 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 o the peace, health,'safety and general welfare of the citizens of the City of Anaheim. (25) Subsection 18.03.092 of the Anaheim Municipal Code provides for the modification or termination of a conditionafuse permit for one or more of the following grounds: (a) That the approval was obtained by fraud; Page 5 Staff Report to the Planning Commission February 10, 2003 Item No. 8 (ti) That the use forwhich such approval'is granted' is not being exercised within the timespecified in such permit; (c) That the use forwhich such approvaliwas granted has ceased to exist or has tieen suspended or inoperative for any reason for a;period of six (6) consecutive months or more; (d) That the permit granted is being, or recently has been exercised contrary to the terms'or conditions of such approval,ror in violation of anystatute, ordinance; law or ;regulation; (e) That the use forwhich the approval was granted has been so exercised as to be detrimental to the public health or safety, or sous to constitute a nuisance; (f) That the use forwhich the approval was granted has not been exercised, and that based: upon additional information or due to changed circumstances; the facts necessary to support one or more of the required showings for the issuance of such entitlement as set forth in tfiis chapter: no longerexist; and/or (g) That any such modification, including,the imposition of any additional'conditions thereto, is reasonably necessary to protect the public peace, health, safety or general welfare, or necessary to permit reasonable operation under he conditional use permit as granted. RECOMMENDATION; (26) Staff recommends that, unless additional or contrary information is received during the' meeting, and.based upon the evidence submitted to the Commission, including the evidence presented in this staff report, and oral and written evidence presented at the putilic hearing., the Commission take the following actions: (a); By motion, approve a CEQA Negative Declaration. (b) ` By resdlution, approve Conditional Use Permit No. 3726 (Tracking No. CUP2002- 04655) (to modify previously-approved exhibits for an existing private schootand to amend. a condition of approval pertaining to the permitted number ofstudents) based on the following: (i) That the proposed expansion of the school is permitted in the SP92-1, DA2 y (SC) Zone subject to the approval of a conditional' use permit: (ii) That the'location of the new classroomsare not any closer to the adjacent industrial land uses than the existing'scfiool classrooms. (iii) That the proposed "expansion bf the school will not adversely affect surrounding land uses since he expansion would'consist of!improvements to existing buildings. Page 6 Staff Report to the Planning Commission February,10, 2003 Item No: 8 (iv) That he size and shape of this property is adequate to support this use and tfiafthere will be little or no additiohal traffic generated from this expansion and increase in student population. (c) Staff recommends if theiCommission approves this request, that Resolutioh tJo, PC2002-99 tie amended in it's entirety to be replaced by a new resolution with the .following conditions of approval (Condition Nos, 6 and 11 are new conditions): L ! That the subject conditional Use permit hall remain in effect only as long as it remains as an accessory use to theprimary church user of the property (currently Vineyard Christian Fellowship). 2. That the property shall maintain conformance with the current version of r Engineering Standard Plan Nos. 436,:601 and 602 pertaining to parking standards and tlriveway locations. 3. That the proposa6 hall comply with all signing requirementsof the SP94-1 (SC)bA 2) Zone'Unless a variance allowing sign waivers is'approvedjby the Planning Commission. Any`additional signage sfiall be sutiject to review and approval by the Planning Commission as a Reports and Recommendation item. 4. That the hours of operation,`as stipulated, by the'petitioner, shall be the same as the original approval for the existing private school as follows: Classes: 8:30 a:m. to 3 p.m., Monday through Friday School°office hours: 7:00'a.m, to 6 pm., Monday througft Friday 5. That any proposed freestanding sign on subject property sfiall be a monument-type not exceeding eigh€ (8) feet in height and consistent with exhibits approvedvnder Variance No.%2002-04372. Said sign shall be subject to the review and approval of the City Traffic and`Transportation Manager to determine adequate lines-of-sight, 6. That the school enrollment shall not exceed seven hundred: seventy-five (775) students at 5310 East La Palma Avenue (Fairmont School)i 7 That a wrought iron fence enclosure of the playground shall be maintained i whereithe fence is visible from La Palma Avenue; and thatYhe remainder of the fence may be constructed of chain link, 8. That ali sewer and storm drain improvements shall be privately maintained. 9. That trash storage areas shall be maintained in a`location acceptable to the Public,Works Department,.Streets and SanitatiohDivisiorcand in accordance with approved plans on file`with said Department: Said storage areas shall be designed, located and screened so as not to be7eadily identifiable from adjacent streetsor highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials suchas Page 7 Staff Report to the : Planning Commission February,lb, 2003 item No. 8 minimum;i-gallon size clinging vines planted on maximum 3-foot centers or tall shrubbery. 10. That an on-site trash truck tum-around area shall be maintained per ? Engineering Standard Detail No, 610 and maintained to the `satisfaction of the Public Works Department, Streets and Sanitation Division. 11. That a traffic anatysis shall be prepared for the three driveways serving the church/school property and the post office driveway'near the easternmost 'church driveway (total four driveway directional counts) to determine whether 'warrants are met with the increased school traffic and to determine public benefits of realigning driveways and/or signalizing. driveways. This analysis is to be completed to the satisfaction of the Traffic & Transportation Manager within 60;days of project approval. A band shall be posted for the full costs of a traffic signal and related driveway reconfiguration/realignment, if a warrantedlocation is identified`in the above traffic analysis. The traffic signal and associated driveway reconfiguration shall be completed for acceptance by the City within one year of completion of the above traffic analysis. 12. ,That all existing mature landscaping shall be maintained and immediately. ;Yepiaced,in the evenbthat it becomes diseased orrdies. 13. That the parking lot shall be maintained free of debris or loose gravel at all <times. 14. That the property shall be permanently maintained in an orderly fashion by providing,regular landscape maintenance,! removatof trash or debris, ahd removal of graffiti within twenty=four (24) hours from time of occurrence. 15. 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 witft`the Planning Department marked Revision No. 3 of Exhibit Nos. 1 and 2 ,'and as conditioned' herein. 16. That prior to final building and zoning inspections or prior to commencement of the activity authorized by thisresolution or prior to issuancebf a building 'permit, orwithin a period of one (1) year from the date of this resolution, ,` whichever occurs first, Condition Nos. 11 and 12 above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted imaccordance with Section 18.03`.090 of the Anaheim Municipal Code. 17. That approval of this application'constitutes approval of the proposed request only to the extent thaf it complies with the Anaheim Municipal honing Code and any other applicable City, State and Federal regulations. Approval does hot include any action or findings as to compliance or approval of the request regarding any other applicable ordinance„regulation'or requirement. Page 8 ITFM Nn Q .'Staff Report to the Planning Commission February 10, 2003 Item No. 9; 9a. CEQA NEGATIVE DECLARATION (Motion) 9b. WAIVER OF CODE REQUIREMENT (Motion) 90. 'CONDITIONAL USE PERMIT NO. 2002-04658 (Resolution) SITE LOCATION AND DESCRIPTION: (1) This irregularly-shaped, 0.97-acre property has a frontage of 180 feet on the east side of Knollwood Circle, a maximum depth of 266 feet and is located'1231 feet north of the centerline of Woodland Drive (1210 North I<nollwood Circle). REQUEST: (2) The petitioner requests approvatdf a conditional usepermit under authority of Code Sections 18:61.050.050, 1$.61.050.070, and 18.61.OSp.445 to permit a towing service dispatch station and vehicle impound storage yard with accessory vehicle repair, automobile `retail sales,'and automobile rental with waiver of the fallowing: '` SECTION NOS. 18.06.050.0222, Minimum number of narking spaces.' AND 18.61':066.050 ' Deleted) BACKGROUND: (3) The property is developed with one industrial building and is zoned ML (Limited Industrial). The Anaheim General Plan Land Use Element Map designates. this property for General Industrial land uses. (4) Surrounding land uses are as follows: Direction ':' Land Use Zoning General Plan Desi nation r' All Directions Industrial Buildin s ML General Industrial' DEVELOPMENT PROPOSAL (5) The petitioner proposes to establish a towing service dispatch station and vehicle impound storage yard with accessory vehicle repair (not including auto body), automobile retail sales, and automobile rental: The site'plan (Ezfiibit No. 1) indicates the propertyis developed with a 17,022 square foot industrial building. SB552jr Page 1 Staff Report to the Planning Commissioh February 1b, 2003 Item No. 9 ` (6) The site plans indicate the following site characteristics:' ?1210 North Knollwood Circle` Direction Existing Building AfiL Zone Required Setbacks Buildin Setbacks West adjacent to 13 to 28 feet fully 5 feet; fully landscaped Knollwootl Circle landscaped with 2 mature trees North adjacent to an ' 1 foot, no landscaping None industrial ro e East adjacent to am ' 39 feet, no landscaping None industriaF ro e South adjacent to an 45 feet, no landscaping ,' None ''industrial; ro e (7) No floor plan was submitted by the petitioner regarding the division of space proposed for the'businessoperation. The petitioner has indicated that 1,000 square feet of the building would be dedicated to vehicle repair, 2,500 square feet for administrative offices, and the remaining 13,522 square feet would be for vehicle storage. The petitioner has also indicated that 17 parking. spaces would be located within the warehouse storage area df the building. (8) Vefiicie access is provided by one driveway from Knollwood Circle, The site plan depicts an existing single:bin trash enclosure and 2Tezterior parking spaces, for a total of 44 spaces. Code requiresa minimum of 37 parking spaces for the towing/impound facility and accessory automotive repair service area retail sales and rental based on the. following:: „Pro osed=Use ~ _,r. ;;w,.,.. ~~ ;S ware Peet Code;Re ured;Parkin Ratia` Re riired.Pa~kin" Office (10% of Gross Building Area 1700 1.55 s aces / 1000 s.f.l fa 2.6 Office: (Over 10°/a of Gross ' Buildin Area 800 + 4 s aces / 1000 s.f./ fa 3.2 ' Auto Re 'air 1b00 3.5 s aces/ 1000 sf./ fa 3:5 Warehouse/Stora a .13,522 1.55 s aces / 100Q s.f./ fa ;20:9 rVehicleSales N/A N/q 2 +Vehicle Rehtal N/A N/A g; Total 17,022 $7 (9) Submitted photographs indicate the existing building is a one-story, 18-foot high concrete tilt-up industrial building; with exterior building materialsconsistingbf smootft concrete finish on all building elevations, with typical store front windows. and doors and two loading docks on the west building elevation, as well as one roll up door on the east building: elevation.`' The building is painted white and light blue, with horizontal scoring dividing the two colors. No exterior improvements to the building and no new signage are p~oposed.l Code allows the sign areabf any wall`signs to be a maximum of 10% of the building face area for each elevation. Page 2 Staff Report to the Planning Commission February 70, 2003 r Item No: 9 (10) The photographs and site inspections indicate the existing landscape area adjacent to Knollwodd Circle consists of 2 existing mature evergreen trees and aloes-bermed grass area. No new landscaping was' proposed as part of the application. Code:}equires 1` ree per 20 feet of street frontage (1 SO feet of frontage) far a total of 9 trees foPthis site. Code also requires vines lobe planted adjacentto block walls and the trash enclosure. (11) The environmental information form submitted by the applicant indicates the business would .operate 24 hours pertlay. The proposed business would have a total of 19 employees (11 'drivers, 4 office workers, 3 mechanics, andrl supervisor). The'petitioner has also indicated Ghat the office/auto repair operation would operate 12 hours peraay (no specific hours were given), everyday, withS administrative employees and 8 tow trucks for dispatch. The: petitioner has indicated in the supplemental parking analysis letter that 1-2'yehicles on average would be sold each month from this locatiortand approximately three (3) cars would tie held in impound. A maximum of five (5) vehicles would be undergoing'repairs atany `given time,; and the business would provide rental service to customers with the five (5) Mental cars they wouldhave on site. Additionally, the petitioner has indicated that the; vehicles for ale, the vehicles in impound, and the vehicles undergoing repair would be :located/stored within the bullding. The vehtcles for rent would be located/stored either inside or outside the building'dependjng on the space available. The petitioner has also stated that vehicles that would be sold from his Iodation would fie those for which the'owners could nbt/would not pay fogrepairs, or those vehicles left in impound that were not picked up. .Vehicles are proposed to be located on site as follows: <,~, r Prd bsed Veh~oles:OriSrte~ Numbe~of Vefitcles ~ ~. ~, ~, - „.., 2 t..,..: ,~ocatiori „%~~~: ~~~ ~ ,~ 'Tow Truck Parkin 3 Exterior'Parkin Area Disabled Vehicles 5 Interior. Parkin Area VehiclesUnder Re air 5 Interior:. Parkin Area Vehicleslm ound ` 3 Interior<Parkin Area Vefiicle Safes 2 Interior'Parkin Area Vehicle Rental 5 Interior andEzterior Parkin Area Customer/Em to ee Parkin 5 Exterior Parkin `Area ENVIRONMENTAL IMPACTANALYSIS: (12) Staff has reviewed the proposal and the Initial Study (a copy of which is available forreview in the Planning Department) and finds no significanfenvironmental impactand, therefore, recommends that a Negative Declaration tie approved upon a finding by the Planning Commission that the Negativebeclaration reflects the independent judgment of the lead agency; and that it has considered the proposed Negative Declaration togetherwith'any commentsireceived during the public review processand further finding on the basis of the ..Initial Study and any comments received that there is no substaptial evidence that the project will have a significant effect on the'environment. GROWTH MANAGEMENT ELEMENT ANALYSIS: (13) The proposed projecthas been reviewed by affected',City departments tb determine whether it conforms with the'City's Growth Management Element adopted by the. City Council on -March 17,';1992. Based on City toff review of the proposed project, it has been determined that this project does`hot fit within the scope necessary to require a Growth Management 'Element analysis, therefore, no analysis has been performed. Page 3 Staff Report to the Planning Commission February 10, 2003 Item No. 91 EVALUATION: (14) Automotive towing and impound service facilities with accessory vehicle repair, automobile retail sales, and automobile rental,':are permitted in the ML Zone, subject to he approval of a conditional use permit.:: (15) The requested waiver pertaining to minimum number of parking spaces has been deleted. (16) The Planning Commission may wish to note that there are two (2) mature trees located adjacent to Knollwood Circle. Currently, Code requires nine (9) trees for this site as described in paragraph no. (10) of this report:. Staff recommends',that an additional seven (7}24-inch box sized evergreen trees be planted withinahe landscape area adjacent to Knollwood Circle. Staffalso recommends that clinging vines be planted along the exterior of the existing trash enclosure to prevent opportunities for;graffiti. 'Staff has also included a condition of approval requiring that he trash enclosurefoofing be installed to prevent the entry of storm water into the trasharea. (17) Theiproperty Is located within an existing industrial area and is not immediately adjacent to any,residential or other sensitive land uses. The Planning Commission may wish to note that a similar establishment was approved at 1163 and 1'.165 North Knollwood Circle (Conditional Use Permit No. 4049).' Staff haslconducted site inspections of the existing tow/impound yard with automotive repair and'outdoor storage and-found that ow trucks. from the'business operation are being stored/parked on the public street. The Cotle Enforcement Division is currently investigating this situation: (18) Staff is concerned that the operation be run properly without impacting adjacent businesses, or contributingto adeterioration ofatyell-maintained industrial area. Conditions of approval have been added to ensure the business operates properly. However, due to the nature of the combined uses proposed on this property,'staff recommends that the Planning Commission a` rove the'requested conditional use permit for a period of one vear to allow for the review and possible adjustment of the entitlementat the end of that period. FINDINGS: (19) Before the Commission grants any conditional: use permit, it must make a finding of fact`that the evidence: presented: shows that all of the following conditions exist: (a) That the proposed use is properly one for which a'conditional use permit is authorized by the Zoning Code, or that said use is'not listed' herein as' being a permitted use; (b) ! That the proposed use will not adversely affect the adJpining;land uses'and the growth and development of the area in'which it is proposed to be located; (c) That the size and shape of the site for the proposed use is adequate to allow the full development of the proposed use in a manner notdetrimental to the particular area nor to the peace, health, safety, and general welfare; (d) That the: traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area'and (e) That the. granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the; peace, health, safety'and general welfare: of the citizens of the City of Anaheim. Page 4 Staff Report to the Planning, Commission February 10, 2003 Item No- 9 RECOMMENDATION: (20) Staff recommends that, unless additional or contrary informatidn is received during the meeting, ehd based upon the evidence submitted to he Commission, including the ` " evidence presented ih this staff report, and oral and written evidence presented at the public hearing, the Commission ake the following actions: (a) By motion, aoorove a Negative Declaration. (b) By resolution, approve Conditional Use PermitNo. 2002-04658, (topermit a towing service dispatch station ahd vehiclefjmpound storage yard with accessory vehicle repair, automobile retaiisales, and automobile rental) based on the following:' (i) That the towing service dispatch station and vehicle impound storage yard with accessory vehicle repair, automobile retail sales, and automobile`rental are properly ones for which' a conditional use permit is authorized by the Zoning. Code in the ML Zone. (ii) That the proposed use under the conditions imposed, would not adversely affect the adjoining land uses and the growth and development of the area in which. it is proposed to be located because the proposed use is located within an existing industrial area and not adjacent to any residential or other sensitive land uses. (iii) That the size and shape of the site foc he towing/impound facility is adequate to allow the fulfdevelopmeht of the proposed use in a manner not detrimental to the particulararea nor to the peace, health, safety, and general welfare because the subject site is adequateito provide for off-street parking and, as conditioned, would operate consistentwith the requirements of the Municipal Code. (iv) ; That the traffic generated by the towinglimpound facility would not impose an undue burden upon the streets and highways designed and improved to carry he traffic in the area nor impacfthe" public'street serving this site. (v) ; That the granting of Conditional Use Permit No. 2002-04658 for a period of one year, undecthe conditions imposed, would not be detrimental to the peace; health, safety and'general welfare of the citizens df the City of Anaheim. THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITYbEPARTMENTS ACTING AS AN INTERDEPARTMENTALCOMMITTEEiAND'ARE RECOMMENDEDaFORADOPTION BY THE PLANNING COMMISSION IN THE EVENT THAT THIS PERMIT IS APPROVED. L That trash storage areas shall be refurbished to the satisfaction of the Public Works Department, Streets and Sanitation Division and shall include a roof over he trash enclosure to preventthe entry of storm water. Said information shall'be specifically shown on plans submitted for Public Works Department, Streets and Sanitation Division approval. 2. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation. Division forreview and approval. Page 5 Staff Report to the Planning Commission February 10, 2003 Item No. 9 3. That an on-site trash. truck tum-around area shall beprovided per Engineering Standard Detail No. ti10 and maintained to the satisfaction of the Publid Works Department;: Streets acrd Sanitation ::Division. Said turn-around area shall be pecifically hown on plans submitted for Public Works Department, Streetsand Sanitation Division approval. 4. That a landscape and irrigation plan for subject property shall be submitted to the Zoning Division for review and approval showing seven (7) 24-inch box sized evergreen trees planted adjacent to Knollwood Circle. The landscape plan shall also indicate clinging vines planted on the trash enclosure wall. Any decision made by the Zoning Division regarding said plan maybe appealed to the Planning Commission as a''Reportsahd Recommentlations" item. 5. That any tree planted: on-site strall be replaced in a timely manner in the event that if is removed, damaged, tliseased and/or dead. 6. That the property shall be permanently maintained in an orderlyfashion by providing'regular andscape maintenance, removal of trash'or debris,'and removal of graffiti within twenty-four (24) hours from time of occurrence:'r 7. That signage for subject facility"shall be limited to one wall sign for each building elevation advertising;the business and no freestanding signs shall be permitted. Said information shall be specifically;shown onplans submitted for Zoning Division approval. Any decision by the Zoning Division regarding signage maybe appealed to the Planning Commission`as a "Reports and Recommendations" item. 8. That the storage of vehicle parts, or business-related materials and all work on vehicles shall be confined entirely to the interior or the rear of the building. Absolutely no vehicular repair or other business-related activities, or storage of vehicle parts: or materials shall be allowed jn the front or side yard areas. Further, there shall be no:outdoor equipment permitted,'including hydraulic lifts. 9. That there shall be no outdoor storage in any required parking area. 10. That customer parking spaces shall be striped and clearly marked for "customer parking only",'and at no time shall customer vehicles be stacked, double parked, or left standing in tandem in front of, 'or adjacent o the building. Said. information shall bespecifically shown on plans submitted forT Zoning Division approval. 11. That prior to the operation of this business, a valid business license shall be obtained. from the City of Anaheim; Business+License Division'of the Finance Department. 12. That there shall be no loading or unloading bf vehicles on the public street:' No vehicles, whether operating or not, including tow vehicles shall be parked, stored or displayed on the public street: 13. That there shall be no sales of vehicle parts permitted. on the premises. 14. That 3-foot high address numbers shall be displayed on the roof in a contrasting color to the roof material. Tfte numbers shall not be visible from the view of the street or adjacent properties. Said itformation shall be shown on plans submitted for Police Department, CommunityServices bivrsion ::approval 15. That the developer shall submit a water quality management plan (WQMP) specifically identifying tiest management practices that: will be used on-site to control predictable+pollutants from storm water runoff. The WQMP shall tie submitted to the Public Works Department, Development Services Division for review and approval Page 6 :Staff Report to the Planning(Commission February 10, 2003 item No. 9 16. 'That gates shall not be installed across the driveway in a manner that may adversely affect,'- vehicular traffic in the adjacent public'streets. Installation ofany gates shall conform to Engineering Standard Plan Noc 609 and shall be subject to the review and approval of the City Traffic and Transportation Manager. 17. That plans shall be submitted to the City Traffic antl Transportation Manager for his review and approval showing conformance with the'current version of Engineering Standard Plan Nos: 436, 601 and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 18, That any required relocation of City electrical facilities shall tie at the developer's expense. Further, landscape and hardscape hall be required to screen any pad-mounted equipment required for this property.. 19: That the applicanUproperty owner shall file an Emergency Listing Card. Form APq-281, with he Police Department prior tobccupancy. 20.' That sutiject property shall be developed substantially in accordance with plans and specifications submitted to the. City of Ahafteim by the petitioner. and whichplans are on file with the Planning Department marked Exhibit No. 1, and as conditioned herein: 21: That prior to commencement of the activity authorized by this resolution, or prior to issuance of a buildingpermit, whichever occurs first, Condition Nos. 1, 2, 3, 4, 7, 10,.14, 15 and 17, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the'Anaheim Municipal Code. 22., That prior to commencement of the activity authorized by the resolution. or prior to final building and zoning inspections whichever occurs first, Condition Nos. 18 19 and 20, above-mentioned, shall be complied with. 23:' That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim MunicipalZoning Code and any other applicable City, State and Federal regulations. Approval does nbtinclude any action or findings'as to compliance or approval of the Yequest regarding anynther applicable ordinance, regulation or requirement. ' Page 7 ITFt1 NO_ to SMALL SHUPS CL 56-571 MARPKET z ~U 5354-06 ~ W CUP 1600 vi ~ CUP 778 ~ O SMALL rn SHOPS C n r ~ cL 54-55-10 LIOUOR RS-721 RESTAURANT 1 DU CL By 3i ~ B Rs-7z60 v ieze , Du EACH R1 - rn CHIRO- PRACTOR RS7200 RCL Bb-8622 (Raz. at IRL ~o CL CUP 12] RS-7200 vaos4 1 OU EACH DAY NNRSERY. m CL RM-2400 58-59-104 74-75-31 RM-2400 SMALL SHOPS SB-59-104 V-1914 11 80FFICES V-2897 APARTMENTS ARTMENT 2 DU 3 DU 4 U CATALPA DR CL SB-59-104 °o ~'~ V-2189 m mm RESTAURAM ~ a,~ n V> CL 58-59-104 Ny CUP 1426 U Ua RESTAURANT ¢ CL RM-1200 CUP 3287 RCL 89-9D-60 VAR 4109 CUP 3288 TACO BELL DECK-TYPE APARTMENTS DRIVE-THR b6 DU Conditional Use Permi[ No. 2002-04654 Requested By: ANDY HSU CL CL 5950-0 CUP 3900 - GUP 3728 GLENOAKS CUP 1920 BUSINESS McDONALD'S CENTER RESTAURANT Subject PTOperty .Date: February 10, 2003 Scale: 1" = 200' Q.S. No. 45 TO ESTABLISH LAND USE CONFORMITY WITH EXISTING ZONING CODE LAND USE REQUIREMENTS FOR AN EXISTING COMMERCIAL RETAIL CENTER AND TO PERMIT A MASSAGE ESTABLISHMENT. 905 North Euclid Street -Unit C 558 -LJ I I ~ DOGWOOD AVE .e,,..r.,,, ,.,,,, Staff Report to the Planning Commission February ib, 2003 Item No: 10 10a. CEQA CATEGORICAL EXEMPTION -CLASS 1 (Motion for withdrawal) 10b CONDITIONAL'USE PERMIT N0: 2002-04654 SITE LOCATION AND DESCRIPTION: '! (1) This irregularly-shaped, 0.9-acre property is located at the southwest comer of Euclid Street and Catherine Drive witfi frontages of 195 feet on the west side of Euclid Street and 23i feet on the south side of Catherine Drive (905 North Euclid' Street-UnifC). REQUEST: (2) The petitioner requests to establish' land use conformitywith existing zoning code land use requirements for an existing commercial retail center and to permit a massage establishment. BACKGROUND: (3) This property is currently developed with a commercial retail center and is zoned CL (Commercial; Limited).. The Anaheim General Plan Land Use Element Map designates this property for General Commercial land uses. ? (4) The petitioner;: Julie Nguyen, has submitted the attached letter, dated February 3, 2003, requesting a withdrawal of this application due to conflicts with the property owner regarding required modifications to the proppsed tenantjspace in order to comply with the requirements of Title 4 of the Anaheim Municipal Code, RECOMMENDATION: (5) That the Commission, by motion, accept the petitioner's: request for withdrawal. sB548av .Page 1 z ~~Ul ATTACHIIENT - ITEN N0. 10 TV ~cµnYlAn~ ~[nlnT/~~Gi.C Ur~.i ~ iT/I 'J+G. m~ - ~:~ FEB 2003 Rc~_iVED PLANUIN6 DEPARTMENT, 7tNmc ;~2'a{ ^A ,J uCiG U,~.,~[n.~ ~~1.1~~+5t J ~[~u~vst. S „J~t[['4 fc~t ~tv t wi ~n cC,:aeT ru~,. 1 Gcaf[~~t ~7L LL'' / L ~JCen ~7[ O LL 1 /. c. (,,~n.[uLt~'nc.C (,(,~[ PLv.'K l 'ut CcGn' cWn[1 c.nLC r..[.t '~LMC L~ /+/~ / ~C~ ~nt~ [ 0 } ~C »w.lfioi~c l'+=GN,.[G17 [ttat (,c LhLC c~c7l't2~.itG./,7' / J ~[hC[2CC~ 1 J ~cUL ~~. ju~'t il~uyr[/ fC~ur.tn~//>'~ Ze 0,3