PC 2003/02/24CITY OF ANAHEIM
PLANNING COMMISSION AGENDA
FEBRUARY 24, 2003
Council Chambers, City Hall
200 South Anaheim Boulevard, Anaheim, California
COMM
CALL TO ORDER '~ r^.~~ rFt f~'.: "i ~•! yl F" v~ tl
PLANNI ~ G COMMISSION MORNING SESSION 1 BOO x
RTAF~1'1PI13YTF T61+CCIMMIRSIr-3N nFdfARIQIIS CITY' ~ Y;%~~
VANDERBILT
• PF~ELIMIN;4RN PLAN ~E~IIEW FQR tTEMS df~ TyE, FEBRUARY 24 2003 AGENDA
RECESS TO AFTERNOON PUB 'IC FIIEARING SES ON's -'~~'#~ ~ ~` I $t, ~
RECONVENE TO PUBLIC HFJ1t~1P1G"1 30 P M:g `~"~ ~`„~~,~~'~`,f ^,:' c , ,.z
For record keeping pElrposes"li,~oo i~sh to~paks a stateiriepMt ~ardin~ny~item on`fhe agenda, please
complete a speaker card;and suBmittt7o the~s`eTcrelarys` ~„ ~ ~ ' J' ~';~ ~'
PLEDGE OF ALLEGIANCE~y r ~ ~f ~ r P.- f ~~ ~ -
PUBLIC COMMENTS ''~w,'~ '~" ,~~, ~ ~_ r ;~„
CONSENT CALENDAR "`--..__~...---~"•;.~'"`
~~~~
PUBLIC HEARING ITEMS
ADJOURNMENT
02-24-03
Page 1
RECONVENE TO PUBLIC HEARING AT 1:30 P.IIA.
PUBLIC COMMENTS: __.
This is an opportunity for members of the public to speak on any item under the jurisdiction of the
Anaheim City Planning Commission or public comments on agenda items with the exception of putilic
hearing items.
CONSENT CALENDAR:
Item 1-A through 1-E on the Consent Calendar will be acted on by one rdll 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)
B. a)
C. a)
City of Anaheim, Planning Department, 200 South Anaheim
Boulevard, Suite 162, Anaheim, CA 92805, requests Planning
Commission review and approval of a draft Ordinance regarding
parking requirements for single-family residences.
04659 : Erik Marcussen, Ground Floor Design, 17845 Sky Park Circle,
Suite F, Irvine, CA 92614, requests determination of substantial
conformance to permit the expansion of the showroom area for a
previously-approved automotive dealership. Properly is located at
1303-1371 North Euclid Street, North County Toyota.
CUP20o3.04672): Bipin D. Gala, 24525 Paseo De Toronto, Yorba
Linda, CA 92887, requests termination of Conditional Use Permit No.
432 and Conditional Use Permit No. 490. Properly is located at 1250-
1332 S. Magnolia Avenue.
TERMINATION RESOLUTION
Project Planner:
(cfloresCc~anaheim. net)
sr8559cf.doc
Project Planner:
(avazg uez(a)a n ahei m. net)
sr8561av.doc
Q.S. 44
rroject Planner:
(ioramirez(a~anaheim. net)
sr3004ey.doc
Q.S. 29
D, a) VARIANCE NO. 2812 (TRACKING NO. VAR2003.045531: Bob Veriato,
Havadija Holdings, Inc., 3452 University Avenue, Riverside, CA 92501,
requests termination of Variance No. 2812. Property is located at Project Planner:
2800 W. Lincoln Avenue, Farmer Boys. (evambao onanaheim.net)
TERMINATION RESOLUTION NO. I sr3003ey.doc
Q.S. 13
E. Receiving and approving the Minutes from the Planning Commission
Meetings of February 10, 2003. (Motion)
02-24-03
Page 2
PUBLIC HEARING ITEMS:
2a. CEQA NEGATIVE DECLARATION (READVERTISED)
2b. WAIVER OF CODE REQUIREMENT
2c. CONDITIONAL USE PERMIT NO. 2002-04656
OWNER: Min Ling Lee, 1600 East t_incoln 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 80-unit motel into a 63-unit "affordable"
senior citizen's apartment complex with waivers of: (a) minimum number
of parking spaces, (b) minimum structural setback, (c) minimum
landscape setback adjacent to asingle-family residential zone, (d)
maximum structural height within 150 feet of asingle-family residential
zone and (e) minimum width of pedestrian accessways.'
'Waiver (e) has been deleted.
Continued from the February 10, 2003, Planning Commission meeting.
CONDITIONAL USE PERMIT RESOLUTION NO.
Project Planner:
tcwagner aC~anaheim.netl
sr1111 cw.doc
Q.S. 103
02-24-03
Page 3
3a.
3b.
3c.
3d.
3e.
3f.
AGENT: Leslie Burnside, Tait & Associates, 9089 Claremont Mesa
Boulevard, # 300, San Diego, CA 92123
LOCATION: 1201 South Brookhurst Street. Property is approximately
1.7 acres located at the southwest comer of Ball Road and
Brookhurst Street (Arco AM/PM Service Station).
GENERAL PLAN AMENDMENT N0.2002-00407 -To amend the Land
Use Element of the General Plan to redesignate a portion of the property
from the Low Density Residential designation to the General Commercial
designation.
RECLASSIFICATION NO. 2002-00087 -Request for reclassification of a
portion of the property from the County C-1 (Commercial) zone to the CL
(Commercial, Limited) zone, or a less intense zone.
CONDITIONAL USE PERMIT N0.2002-04641 - To establish conformity
with zoning code land use requirements for an existing drive-through
restaurant and to permit a service station with accessory car wash and
convenience market with the sales of beer and wine for off-premises
consumption with waivers of: a) nonconforming structures and uses -
general, b) nonconforming signs and billboards -general and c)
maximum structural height within 150 feet of asingle-family residential
zone boundary.
Continued from the January 13, 2003 and January 27, 2003, Planning
Commission meetings.
GENERAL PLAN AMENDMENT RESOLUTION NO.
RECLASSIFICATION RESOLUTION NO.
CONDITIONAL USE PERMIT RESOLUTION NO.
Project Planner:
(i o ramirez(a~ anahetm. net)
sr8562jr.doc
O.S. 35
02-24-03
Page 4
OWNER: Atlantic Richfield Co., P.O. Box 512485, Los Angeles, CA
90051
4a. CEQANEGATIVEDECLARATION (READVERTISED)
4b. WAIVER OF CODE REQUIREMENT
4c. 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) setback for an institutional uses adjacent to a
residential zone boundary (b) minimum number of parking spaces and (c)
minimum side yard setback. Project Planner:
(vno rwood (rDanahe i m. Hell
Continued from the February 10, 2003, Planning Commission meeting.
sr8558vn.doc
CONDITIONAL USE PERMIT RESOLUTION NO. Q.S. 6
5a. CEQACATEGORICALEXEMPTION-CLASSI Request for
5b WAIVER OF CODE REQUIREMENT W i the rawa 1
5c CONDITIONAL USE PERMIT NO. 2002-04629
OWNER: David Ly, Lyman Legacy, 2641 South Croddy Way, Unit A,
Santa Ana, CA 92704
AGENT: Deena Detry, Nextel Communications, 310 Commerce,
Irvine, CA 92602
LOCATION: 1201 and 1211-1231 South Euclid Street. Parcel 1 is
approximately 0.6-acre located at the southwest corner of
Ball Road and Euclid Street. Parcel 2 is approximately 1.6
acres having a frontage of 350 feet on the west side of
Euclid Street and located 170 feet south of the centerline of
Ball Road.
Request to establish land use conformity with existing zoning code land
use requirements for an existing legal :nonconforming commercial center
and liquor store and to permit a telecommunications antenna with
accessory ground-mounted equipment with waivers of minimum number
of parking spaces and maximum structural height adjacent to a residential
zone.
Continued from the December 2, 2002 and January 13, 2003, Planning
Commission meetings.
CONDITIONAL USE PERMR RESOLUTION NO.
Project Planner:
tvn orwood (a7 anaheim. nett
sr8556vn.doc
Q.S. 49
02-24-03
Page 5
ADJOURN TO MONDAY, MARCH 10, 2003 AT 11:00 A.M.
:FOR PRELIMINARY PLAN REVIEW,
CERTIFICATION OF POSTING
I hereby certify that a complete copy of this agenda was posted at:
(TIME) (DATE)
LOCATION: COUNCIL CHAMBER DISPLAY CASE AND
.COUNCIL DISPLAY KIOSK
SIGNED: ~o-~.~ ~ 7 -ci~.-.t.~
If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this notice, or in a written
correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing.
RIGHTS OF APPEAL FROM PLANNING COMMISSION ACTION
The action taken by the Planning Commission this date regarding Reclassifications, Conditional Use
Permits and Variances shall be considered final unless, within 22 days after Planning Commission action
and within 10 days regarding Tentative Tract and Parcel Maps, an appeal is filed. This appeal shall be
made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the
Cily 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.
02-24-03
Page 6
SCF~E®iJLE
2003
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
OCTOBER 6
OCTOBER 20
NOVEMBER3
NOVEMBER 17
DECEMBER1
DECEMBER 15
DECEMBER 29
02-24-03
Page 7
Attachment - I tem ido. 1-A
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
VARIOUS SECTIONS OF TITLE 18 OF THE ANAHEIM
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 Chapter 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. In computing parking requirements, ,
fractional 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 be
considered a bedroom.
For purposes of interpretation of subsections .020
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 o.f
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. l8 of the Anaheim Municipal Code be, and the same
is hereby, amended to read as follows:
".Oll 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:
1-4 bedrooms
6 or fewer'bedrooms
7 or more bedrooms
4 (2 in a garage)
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
2
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 (B) 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."
SECTION 3.
That subsection .013 of Section 18.21.063 of Chapter 16.21
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."
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."
SECTION 5.
That subsection .0133 of Section 18.23.063 of Chapter 18.23
of Title T8 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."
SECTION 6.
3
That subsection .0113 of Section 18.24.063 of Chapter 18.24
of Title 16 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."
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."
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."
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."
SECTION 10
EXEMPTIONS
Nothing contained in this ordinance shall preclude
remodeling or addition of any single-family residence which
lawfully existed within the City of Anaheim at the time this
ordinance became effective; provided, however, that any such
remodeling or addition to a non-conforming dwelling which results
in an increase in the number of bedrooms shall comply with the
requirements of this ordinance or require approval of a variance
from the Planning Commission, Zoning Administrator and/or City
4
Council pursuant to Sections 18.06.060 and 18.12.060.110 of this
Code.
SECTION 11. 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 12. 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 13. 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.
5
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
98196.2\smann\Fe6ruary 19, 2003
6
ITEM 1-B
ANAHEIM"CITY-LIMITS
RIVERSIDE FREEWAY
CL
RCL 79-60.16
RCL 73-74-36
(Res. of Int. to PC)
RCL 73-74-35
CUP 3640
CUP 2720
-~~ CUP 1874
RETIREMENT
FACILITY
196 OU
CL(PC)
RCL 79-80-16
RCL 73-74afi
(Res. of Int. to PC)
RCL 73.74Js
T-cuP zo6z-64sss
CUP 4777
NORTH COUNTY TOYf
DENTAL
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517'~j CUP 2060-04262 _
MEDICAL CENTER DRIVE cuP zs7s
~^ ~ ~ CUP 1826 aP=
CL CUP 1766 N v
RCL 57-59-05 VAR 2922 5 ~ u~ -
CUP1906 SHOPSB ~~
n ~ 296 RESTAURANT
L CL V-16655 I alp
[ RCL s7-58-45 EMPLOYMENT
CUP 17 AGENCY
V-1685 S
cUP 7468 a
MEDICAL CENTER RCL 87-69-45
CUP 17
VJ296
V-1695 S
,~-~~r'~ ~}--,-~'~ DENTAUMECICAL
~I I I I I I 11 I I OFFICES
Conditional Use Permit No. 4177 ~ ~" ' Subject Property
,'. ~;~;r
TRACKING NO. CUP2002-04659 Date: February 24, 2003
Scale: 1" = 200'
Requested By: ERIC MARCUSSEN Q.S. No. 44
REQUEST FOR DETERMINATION OF SUBSTANTIAL CONFORMANCE TO PERMIT
THE EXPANSION OF THE SHOWROOM AREA FOR APREVIOUSLY-APPROVED
FULL-SERVICE AUTOMOTIVE DEALERSHIP.
1303-1371 North Euclid Street -North County Toyota
A
D
579
RM-2400 I-r-I
73-7451 J~
V•3229
V-2592
CONGO
za ou
R5.Ad3,000
747s•11
(Res. of InL to RM-1200(
VACANT
RS-A-03,000
CUP 961
PRIVATE SCHOOL
KENNELLY LN
tOU
PALAIS RD
7
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LOLA AVE I
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1 Z
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QQ
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4EIM CITY LIMITS
w
w
p RS-7200
Z 1 DU EACH
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Conditional Use Permit Nos. 490 and 432
TRACKING NO. CUP2003-04672
Requested By: BIPIN D. GALA
REQUEST FOR TERMINATION OF CUP NO. 432 AND CUP NO. 490.
1250-1332 South Magnolia Avenue
566
CL
fi0-61-63
CUP 2002-04628
CUP 159
CUP 337
( UP 110 )
MAGNOLIA SQUARE
SHOPPING CENTER
CL
65-66-06 -~
62-63-124 ~
(Res of lnlanl to RM-1200( _
T•CUP 2003-04672 U
T-CUP 2002-04636 °o N
CUP3066 ~ _
CUP 3763 " C7
CUP 1600 ¢ a
CUP 768 w ~
CUP 490 ~ O
CUP 432 Z
(65-66-54) Q
(62413-50 T) f
tCUP 911 T)
(CUP 330)
CORONADO SOUARE
SHOPPING CENTER
_ RM-1200
65.66-06
62.63-124
(Res of intent to RM-1200)
CUP 768
CUP 490 RM-1200 RM•1200
CUP 432 fi5.66-69 61.62.122
CASA GRANADA V-1761 CUP 273
APARTMENTS APTS. APTS.
112 DU 12 DU 19 DU
~-132'-~ WINSTON ROAD
I j RM-1200
I I 61-62-05
RM-1200 ~ I CUP 175
fi 1.62-05 ~ I WINSTON ISLE
CUP 175 86 DU APARTMENTS
PARK MAGNOLIA I ~
APARTMENTS ~ I
I t
1 1__1__1__1__._
--~--T-- -- -
1__1
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RS.7260
1DUE IGH I I I I I I I I I
.~ Subject Property
Date: February 24, 2003
Scale: 1" = 200'
Q.S. No. 29
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ITEM 1-D
RM-1200
62-63-60
CUP 348
LINDALE VILLA
88 DU
7' ~ RCL 87-e&35 I CL CL
~ 56-57-15 RCL 64£5-06
V-3742
APTS. CUP 2528 56.57-15
\ n 65 DU ~ CUP 554 -® CUP 2695
Jl A 67-88-35 S LF CUP 916
STORAGE S.S. a
MADISON FACILITY CONV.MKT.
SQUARE'S g RETAIL
- CUP 2002-04577
T-CUP 2003-04553
VAR 2612 I~-140'
R CL 75-76-18 cL
63-6476 RCL
~
6L62-66 ~
70-77x6
CUP 192
APTS
.
B DU STATE
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200 cJ RM-1200
i-18 ~ R CL 70-71-16
3-76
?4i6
192
356 VILLA DEL SOL
f5. APARTMENTS
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RM-1200
APARTMENTS
A
0
1ou W
RM-1200 ~
RCL 84.85.23 Z
V-3459 W
a
RS-A-43,000 W
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Variance No. 2812
TRACKING NO. VAR2003-04553
Requested By: BOB VERIATO
REQUEST FOR TERMINATION OF VARIANCE NO. 2812
2800 West Lincoln Avenue -Farmer Boys
CL
RCL 70-71-31
(Res of Inl to RM-1200)
59-60-62
CUP 1577
V•2232
FAIRWOOD MANOR
RETIREMENT CENTER
CL
CUP 495
59-60.62
CUP 495
V-1147 S
LINCOLN-DALE
PLAZA SHOPPING CTR
RM-1200
RCL 65-66-117
56-57-41
VAR 1796
fib DU
CL
56-57-01
CUP 2220
V-3702
SMALL SHOPS
LIOUOR STORE
LINCOLN AVENUE
CL CL 638d-0u0 °° CL (MHP)
R CL 71-72-48 59.60.53 GUP 4111 ° Y 60-61-107.
CUP 290d CUP 2765 CUP 1292 Y2Q CUP 2033
CUP 3d0 ANAHEIM V-2643 aid CUP 246
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RS•A-03.000(MHP) RCL 87-88-43 MOBILEHOME
RCL 88-09-09 CUP 3059 PARK
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RS-7200
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Subject Property
Date: February 24, 2003
Scale: 1" = 200'
Q:S. No. 13
587
ATTACHMENT - R&R 1-D
3452 ~8niversi4y Avenue
Riverside, CA 9250'1
(909) 275-9900
January 15, 2003
Ms Amy Vasquez
Project Planner
Zoning & Planning Division
City of Anaheim
200 S. Anaheim Blvd.
Anaheim, CA 92805
RE: CUP # 2002-04577
Farmer Boys Restaurant
2800 W. Lincoln Avenue
12equest ~'ermination of Variance 1>10. 2812
Dear Ms Vasquez;
Havadjia Holdings, Inc., dba Farmer Boys Restaurants, is the current property owner of
the legal parcel located at 2800 W. Lincoln Avenue. As the property owners, we respectfully
request the termination of Anaheim Variance No. 2812 (waiver of permitted uses to establish an
automotive diagnostic center) approved by the Planning Commission on June 7, 1976. The use
for which this waiver applies is no longer in operation. We request that the Variance be
terminated pursuant to Item #30 of Resolution No. PC2002-140 regazding Farmer Boys' CUP #
2002-04577.
Should you have any questions or should require additional items from me, please do not
hesitate to call meat (909) 275-9900.
Thank you
Sincerel -
Bob Veriato
Real Estate Department
ITEM iJO. 2
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Conditional Use Permit No. 2002-04656 (READVERTISED) ~ > '~ Subject Property
Date: February 24, 2003
Scale: 1" = 200'
Requested By: MIN LING LEE Q.S. No. 103
TO PERMIT THE CONVERSION OF AN 80-UNIT MOTEL INTO A 63-UNIT "AFFORDABLE"
SENIOR CITIZEN'S APARTMENT COMPLEX
WITH WAIVERS OF: (a) MINIMUM NUMBER OF PARKING SPACES
(b) MINIMUM STRUCTURAL SETBACK
(c) MINIMUM LANDCAPE SETBACK ADJACENT TO A
SINGLE-FAMILY RESIDENTIAL ZONE
(d) MAXIMUM STRUCTURAL HEIGHT WITHIN 150 FEET OF A
SINGLE-FAMILY RESIDENTIAL ZONE
1600 East Lincoln Avenue -Lincoln Palms Motel 562(2003.2.13)
\_
i'`,
Staff Report to the
Planning Commission
February 24, 2003
Item No. 2'
2a. CEQA NEGATIVEbECLARATION (READVERTISED) (Motion)
2b. WAIVER OF CODE REQUIREMENT (Motion)
2c. CONDITIONAL USE'PERMIT NO. 2002-04656 (Resolution}
SITE LOCATION AND DESCRIPTION:`:
(1) This rectangularly-shaped, 1.75-acre property has a frontage of 372 feet oh the south side
of Lincoin'Avenue, amaximum Hepth of 205 feet and is located' 330 feet east of the
centerline of Larch Sheet (1600 East Lincoln Avenue'=Lincoln Palms Motel).
REQUEST:
(2) The petitioner requests approval of a Conditional Use Permit under authority of Code
(Section NoS. 18:44.050.305 and,18,94.020 to permit the conversion of an existing 80-unit
motel into. a 63-unit"affordable" senior citizen's apartment complex with waivers of the
following:
(a} SECTION NO.18.06.050.0131 `Minimum number of barkino spaces.
'~L parking spaces'required;72 parking spaces
`proposed:.)
(b) SECTION NQ 18.34.063.022 Minimum structural setback.
L feet required adjacent to the west property
.line; no setback existing and proposed.)
(c} SECTION NO. 18.34.063.028 Minimum landscape etback adjacent to a single
i family residentiafzdne. 20 feet required
°adjacent to the south property,line;
7 feet existing and proposed.}
(d) SECTION NO. 18.94.032:010 Maximum structural'height wittlin 150 feet
"of a single-familVresidential zone. 16 feet
> permitted' (one half the distance from the west
properly)ine to thestructure);! 21 feet existing
`Wand proposed,)
(e) SECTION NO.18.94.035.020 Minimum width of pedestrian accesswavs.
(deleted)
BACKGROUND::
(3) This request was continued from the February 10, 2003, Commission meeting for the
applicant o modify 4he project to increase the number of two bedroom units and
enhance proposed building: elevations.
(4) This property is developed witH an 80-unif motel and`is zoned CL (Commercial, Limited).
The Anaheim General Plan Land Use Element Map designates his property for General
`Comme~oial land uses.
sr1111cw.doc
Page 1
Staff Report to the
Planning Commission
February 24, 2003'
Item NoS 2
(5) Surrounding land uses are as follows:
Direction Land Use 2onin , General Plan Desi nation'
North, across Yellow Cab Taxi Service CL Commercial Professional '
Lincoln Avenue and Storage Yard and;
Residential
East: Hardware Store and Single- CL General Commercial
Famil Residences
South `Sin le-Famit Residences RS-7200 Low Dehsi Residential
West Anchor Motel /Single- CL and General: Commercial and
Famil Residences RS-7200 Low Dehsi Residential
PREVIOUS ZONING ACTIONS:
(6) The following zoning actions pertain to this property:
(a) Conditional Use Permit No. 2223 (td expand an existing motel with waiver of minimum
number of parking spaces) was: approved by the City Council onJuly 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-unit motel. Commission should note that only 80 '
motel units exist on the property.
(b) Variance No. 2567 (to construct 2 freestanding signs with waiver df permitted location
of freestanding signs) was approvetl by the Commissiort on December 1 Q 1973.
(c) Variance No. 1137 (to erect a sign) was approved by the Commission on August 3,
1959.
DEVELOPMENT PROPOSAL:
(7) The petitioner requests approval to convert an existing 80-unit motel into a 63-unit
affordable senior citizen's apartment complex. The'site plan (Revision 1 Exhibit No. 1)
indicates he following characteristics:
Development .~
` Proposed project ,. 'Code requirements::forseniorF
rstand
ards ;~ citizen'saartmerits``~
Site area:.: 1:75acres ' N/A
76,230 s.f.
-0welling units 63 units 63 unitsper RM-1200
standards
Average land area 1,210 square feet 1,200 sq:ft. min.
er unit > er'unit
Average recreation/ 227 square feet per unit 14,315 200 square feet per unit min. ;
leisure area square feet total (including (12,600 square feet required):
indoor common recreation area)
Indoor common 1,174 square feet < 1,000 square feet min.
recreational area ' re wired
(8) The revised site plan indicates the proposed conversion would involve`exterior and interior =
modifications to three of the four buildings. The plan indicates that building one {along
Lincoln Avenue) would be entirely demolished and a new 3 story building consisting of 28
?one-bedroom units and 7two-bedroom units indoor common leisure areas and a
managers office. Buildings two, three and four would remain with interior modifications to
'the existing motel whits, which would comprise the remaining dwelling units and laundry
rooms.
Page 2
Staff Report to the
Planning Cgmmissign
February24, 2003
Item No. 2'
(9) The site plan indicates the following setbacks:
North adjacent East adjacenf: South adjacent. Southwest ` West adjacent r
to Lincoln, to commetciaG ~ ~ tasingle=family " `_ adjaceht=to , 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 i (building
zone exists oh
bouhda ro e" line : >
Code Required 20 feet fully , ! None 20 feet fully; 20 feet fully None
!Landscape Setback landscaped landscaped`. landscaped
with 19 trees with 19 trees witfi'2 trees
Proposed Landscape 20 feet fully 3 feet 7 feet fully O td 29 feet of None
Setback ' landscaped landscaped'. landscaping
with2l trees with 15 trees
(10) The revised floor plans (Revision No. 1 of Exhibit Nos. 2, 3, 4) indicate a total of 63
apartment units (53 one bedroom units and 10 two bedroom units) with bedrooms,
:kitchens, bathrooms„living areas and storage areas. The flooFplans indicate the ohe-
bedroom units vary in'size from`657 to 727 square feet and the twc-bedroom units range
from 761 to 869 square feet. Code requires a minimum floor area of 550 square feeEfor
one-bedroom units and 700 square feet for two bedroom units. 'rAll existing motel units
would be completely restored with new kitchen and plumbing facilities and`all units would
be handicap accessible.
Building N6~ Building ` ;~ ~ '~ No: of ;;' , ~No: of one ~ ,No.~of two,- Indoor
area" ~ ~ =`'tiuitding `:.bedroom , tied)•oom;, ~ - ~ common
ail floors ~~ ~ ~. foors ~~-, uriits ~~ ~ ` ~ ~ =units; ~~ -leisiire'area
Buildin One 32,873s :ft 3 'i 28 7 r
Buildin Two 8,244s .ft >2 6 3 -
Buildin Three 6,771s :fti 1 11 -
'-Buildin Four 5,264s :ft i7 ' 8 - -
Total =53,152s .ft, ' 53 10- 1,174
(11) The revised 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, an
'outdoor common area "deck" on the third floor and laundry hook-ups andprivate storage
areas in all units. The: floor plans for building two indicate a storage room at the north end
of the builoing and the floor plans for buildhg three also indicate a laundry room. The
petitioner has also indicated locations of trash chutes near the elevator (between buildings
one, three'and four) and near the trash enclosure at the north end of building two. Plans
i further indicate that elevators would be provided to serve all multi-story buildings (total of
wo). Code requires elevators for projects containing three or more stories or thirty or more
units above the first story. Individual dwelling units must be within 150 feet walking
`distance frgm the elevator.
Page 3
Staff Report to the
Planning Commission
'February 24, 2003
Item No.2`'
(12) The revised site plan indicates the retention of two vehicular driveways on Lincoln :
Avenue. Plans indicate a 3-foot high remote securitygate at the westerly driveway and a 6-
'foot high gate within tfie parking area locatetl east of buildings one and four to control and
secure the parking areas. Plans ihdicate a total of 77parking spaces (including 3
handicapped spaces that would be provided adjacenfto building one and the leasing ` .
office). Code requires a minimum of 73 parking spaces based on a ratio of i space for each
one-bedroom unit (53 X 1 space= 53 spaces) and 2 spaces for each two-bedroom unit (10
X 2 spaces = 20 spaces). A totatof 16 unrestricted "guest parking" spaceswould be'
accessed from the easterly entrance and would be located in front of the 6-foot high';
security gate.
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Existing motel',building along Lincoln Avenue to be demolished
and replaced with 3-story, 35 unifsenior citizen apartments.
(13) Elevation drawings for building one (Exhibit No. 5) show this new three story building;
(facing Lincoln Avenue) would consist of stucco finish; composite siding and a the roof. The
plan indicates the north elevation (facing Lincoln Avenue) would'. contain patios or balconies
for each unit, the eastelevationshows the'main entrance to the office (accessed through
the recreation room) and access to the elevator, the south elevation shows an arcatla
'walkway and the west elevation shows the stairwell. Elevation plans indicate the
'construction of one new centrally located elevator to provide access to building one (hew 3
`story building) and building four. (existing 2story building). Elevation drawings for buildings
two, three and four (Exhibit Nos: 6 and 7) show all buildings would remain: as curzently
designed with stucco finish, board and Batton siding, composition shingle roofing and metal
guardrails along the second floor walkways. The petitioner has'indicated the project would
`.include new exterior paint and roofs for alf buildings. ',
(14) The landscape plan (Exhibit No 8) indicates a 20-foot wide landscaped setback adjacent to
Lincoln Avenue consisting of eight (t3) 36-inch box size Chinese Flame Trees (Koelreuteria
,bippinata)„five (5) 24-inch boxsize Southern Magnolia Trees (Magnolia grandiflora}:and
.eight (8) Fan Palm Trees (Washingtonia hybrids) fora total of 21 trees along the Lincoln
Avenue street frontage. Code requires a 20-foot wide landscaped setback. adjacentto
:Lincoln Avenue with a total of 19 trees based on 1 free per 20 feet of street frontage; Plans
' indicate an existing 7-foot wide: landscaped setback adjacent to the single-family
' residences along the south property linetfiat would'be planted with groundcover and fifteen
(15), 15-gallon size Tipu Trees (Tipuana ipu). Coda requires a 20-foot wide landscaped
setback buffer areaadjacent to asingle-family residential zone with a total of 19 trees
Page 5 '
Staff Report to the
Planning Commission
February 24, 2003
Item No. 2
based on 1 tree per20 lineal feet. Plansfurther indicate Magnolia, Tipu and Palm. Trees
throughout the walkways andlawn areas within the'compiex.'
(15) ; Plans indicate an approximate total of 14,315 square feet of recreational leisure area with
about 9,122 square feet of outdoor common area, 1,174 square feet of indoor common
area andiabout 4,019 square feet pf private leisure area (balconies and patios on'building
one). The floor plans for the indoor common recreation rooms do not show any amenities;
however,,the petitioner has intlicated televisions and other leisure furniture would' be
providedwithin these rooms. Plans indicate restoring the pool and spa o accounffor
approximately 3,250 square feet of common outdoor recreation area designed fora specific
activity. Code requires a minimum of 200 square feet of useable recreational-leisure area
for each dwelling unit 12 600`square feet total) provided by common antl/or private leisure
area. Code further requires that a seniorcitizen's apartmentproject witfimore than 20 units
provide 50 square feet of the amount required per unit for common space designed for a
specific1eisure activity.
(16) Sign plans were not submitted with this request. Code permits two (if flanking the driveway)
20 square foot identification signs for multiple-family residential completes. Site inspections
indicate an existing: freestanding pole sign along Lincoln Avenue. The petitionerhas
indicated a sign would be removed and staff has'conditioned its removal.
(17) Private storage areas are provided on the balconies of all units in building one (new
< building).;. Additional storage areas would be provided in common area rooms on the first
floor of building twoiand the first floor ofbuilding four. The proposed storage space is 100
cubic feet per unit. in compliance with code requirements.
ENVIRONMENTAL IMPACT ANALYSIS:
(18) Staff has7eviewed the proposal and the Initial Study (a copy of which isavailable for review
in the Planning Department) and finds no significant environmental impact and, therefore,
recommends that a Negative Declaratioh be approved upon a finding by the Planning
Commission that the Negative Declaration reflects the independent judgment of the lead
agency; and that it has considered the proposed Negative Declaration together with any
comments received during the public review process and further finding on the basis of the
Initial Study and any comments received'that there: is no substantial evidence that the
project will have a significant effect on the environment.
GROWTH MANAGEMENT ELEMENT ANALYSIS•
(19) {The proposed project has been reviewed by affected City departments to determine
whether it conformswith the City's Growth Management Element adopted by the: City
Council on March 17, 1992. Based on City staff review of the'proposed'project, if'has been
determined that this project does not fit within the scope necessary to require a Growth
Management Elemenk analysis, therefore, no analysis has been performed,
EVALUATION: `i
(20) 'Code permits senior citizen's apartment projects in the CL Zone subject3o the approval of a'
Conditional Use Permit and compliance with Code Chapters 18.34 (RM-1200) and 18.94
(Criteria for Senior Citizen's Apartment Projects). A density bonus is not proposed as part
'' of this petition.
Page 6
Staff Report to the
Planning. Commissioh
February 24, 2003
Item No. 2 c
(21) Waiver (a) pertains tominimum number of required parking spaces. Plans indicate a'total
of 72 parking spaces and Code`~equires a minimum of 73 spaces. The City Traffic and
Transportation Manager has reviewed the proposal and has determined that 72 spaces
would be adequate for the proposed development. Therefore, staff recommends aooroval
'of this waiver.
(22) Waiver (b) pertains to minimum structural setback. Plans indicate that building two is
existing and proposed'on the west propertyline with no structural or landscape setback.
Cade requires a 5-footwide settiack 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 the building to bersetback from the property line since it was
abutting another commercial use: Building: permits indicate thatbuilding two was legally
'constructed on the properly line with aone-hour firewatl and no openings ih 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 on the
property line and no structural modifications are proposed to this elevations staff
recommends approval of this weiver.
(23) Waiver (c) pertains to minimum landscape setback adjacent to asingle-family residential
zone. Plans indicate a 7-foot wide setback,(existing)aiong the south property line planted
with groundcover and fifteen 15-gallon size Tipu Trees. Code requires a 20 foot wide'fully
lendscaped setback with 19 trees adjacentto the single-family residential zone. The
petitioner has indicated the landscape planter width cannot be increased because of the
required drive aisle width. The Commission may wish o note that the strudtural setback is
<32 to 63 feet from the: south property line and the existing seven:foot wideplanter area
could accommodate'the required number of trees. Staff feels the intent of he landscape
buffer between single-family homes and multiple family completes is to sfiield noise and
greater amounts of activity associated with higher density housing. This area would still
.function as;a parking area as it does 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 tfte 19 trees be provided:
(24) Waiver (d) pertains to maximum: structural height within 150 feet of asingle-family
residentialzone. This. waiver only pertains to building wo adjacent to the west property line.
Plans Indicate building two is existing and proposed at a height of 21 feet. Code limits the
maximum height of any structure within 150 feet of asingle-family residential zone
boundary tonne-halbthe distance of said structure td he zone boundary (Code allows the
height of a senior citizen's apartment project to be determined by Conditional Use Permit
'when notiocated within 150 feet of asingle-family residential zone). Building two is located
32 feet from the south property(Iine (adjacent to single-family residences), which permits a
96-foot (one-half of 32) building:. Because he building exists and the proposed conversion
td senior oitizen's apartments would be equal to or less intense than the existing motel,
`staff recommends approval of this waives'
(25) Waiver (e)pertaining o minimum width of pedestrian accessways has been deleted.
(26) 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.
Page 7
Staff Report to the`
Planning Commission
February 24, 2003'
Item No: 2
(27) The City Council approved a similar motel conversion to an "affordable"senior citizen's
apartment project for the Lincoln Inn Motel on January 14,'2003 (following by Planning
Commission approval on November 18,'2002). A'comparisonsummary betweeri'Lincoln
Inn and Lincoln Palms (proposed project) is showrtin the following chart:
Project " Site Size No. of units'.. Unit types No. of waviers :Recreational
rleisure area '!
Former Lincoln Inn'. 1.7 64 units (49 du 64 studios 5 waivers requested (5 24,000 square
Cherry Orchard ages per acre) j 2 one bedroom waivers granted`by feet total
18 two bedroom Ci Council 1H4/03 '
63 units (36 du
Proposed projecC 1.75 'per acre) 61 one bedroom 3 waivers requested :15,335 square.
Lincoln Palms acres (No density; 2 two bedroom feettotal
:'.bonus
`Waivers for Cherry Orchard included minimum number of parking'spaces, minimum landscaped
setback abutting an arterial. highway, minimum building site area per unit, minimum floorarea per
dwelling unit, and maximum density bonus,
(28) Plans indicate locations for common area gathering; however, amenities within the indoor
common`areas and hardscape features' near the pool or grass lawn outdoor common areas
are not specified. Staff recommends that final plans be submitted to the'Zoning Division for
review indicating specific recreational and leisure amenities to ensure the development of a
dhigh-quality living and leisure environment.
(29) ?The Community Development Department has indicated that the applicant has met and
' discusseo affordability criteria: All sentor'citizen's housing projects are subject to the
affordability requirements of Code Section 18.94.040 regardless of whether a density
bonus is be(ng sought. This project does not involve a request for density bonus: The
appllcantwill continue to work"with the Community'Development Department regarding
affordability criteria!and a recorded affordability agreement will be required prior to issuance
of a building permit:
(30) ` In accordance with the Zoning Code, an architectural consultant for the Community
Development Department (Steven Wraight) has reviewed the submitted plans and provided
the attached comments. The'comments indicate the proposed design"is fairly successful ini
transforming the existing motel Into a senior housing project"and provioed comments that,
if considered, could enhance the livability and provide a solid housing project. Staff concurs::
ith the comments provided byWraight and has recommended conditions of approval to
accommodate these design suggestions:. Some of these comments include:
Reorganize the floor planfor the new building tb 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.
o Widen the western recreation room on the second floor of building one to be more
conducive to a wider range of recreational activities.
(31) As a result of comments from the previous Commission meeting, the applicant has
modified the room types to accommodate more 2-bedroom units, however, the
overall number ofunits (63) has been maintained. The Commission had also
requested that the architecture of building one!be reexamined to incorporate design
elements more compatible with newer development inthe area. The Commission
was also concerned the proposed design might be too contemporary for this area of
the City::. The petitioner has also submitted photo-simulations showing essentially
Page 8
Staff Report to the
Planning Commission'
February 24, 2003
Item No. 2
the same architectural theme but providing contrast and visual interest through the
use of color. Staff believes that this subtle redesign stilfdoes not address the
Commission's concern that the architectural style of building would not integrate
well with this area of Central Anaheim.' Staff can'continue o work with the petitioner
on an acceptable design prio[ o approval, or condition the%project to submit final
architectural plans to the Commission for approval as a Reports and
Recommendations item. Staff has structured the,report such thafCommission can
pursue either option.`
(32) Staff is supportive ofahe adaptive reusebf the motel far an "affordable" senior:.
'citizen's apartment complex. To address outstanding livability concerns, staff has
condition®d that final plans and colors and materials be submitted to he Zoning
:Division for review and approval showing the elimination ofpatios and doors for the
first floor of building?one facing Lincoln Avenue, specific amenitiesfor all common
recreational/leisure: areas and'stamped concrete'at the driveway entrances along
sLincoin Avenue.
(33) The Senior Citizen's Apartment Ordinance. (Code Section No. 18.94.031.030) requires that
projects comply with the following age antl occupancylimitations;
(a) Thatnot more than two (2) persons;;at least one (1) ofwhom mustbe a senior
citizen, shall reside in, or be permitted to reside in, any bachelor unit or one (1)
bedroom unit;
(b) Thatnot more than three(3) persons, at IeasPone (1) of whom must be a senior
citizen, shall reside in, or be permitted to reside in any two (2) bedroom unit; and
(c) That'all occupants and residents of any dwelling unit who: are not senior citizens,
other than the pouse orcohabitant of, or a person who resides with and provides
primary physical or economic support to, the resident senior citizen!'shall be at least
45 years of age except that temporary residency by a person lessthan 45 years of
age for a cumulative period of sixty (60) days in any calendar year shall be
permitted.
FINDINGS:
(34) Section 18.06,080 of the parking ordinance sets forth the following findings, which are
'required to be made before the parking waivers are approved by the Planning Commission
or City Council,
(a) That the conditional use permit, under the conditions imposed, if any, will not'cause
fewer off-street parking spaces tote provided for such use than the number of such
spaces necessary to accommodateiall vehicles attributable to such'use under the
normal and reasonably foreseeable conditions of operatidn of sucfi'use; and
(b) That the conditional use permit, under the conditions imposed, if any, will not
increase the demand and competition for parking spaces upon thepublic streets in
the:immediate'vicinity of the proposed use; and
(c) That the conditional use permit, under the conditions imposed, if any, will not
increase the demand and competition for parking spaces upon adjacent private
properly in the immediate vicinity of ahe proposed use (which property is not
expressly provided as parking for such use under an agreement incompliance with
Section 113.O1:010.020'ofthls Code); and
Page 9
Staff Report to the f
Planning Commission
February 24, 2003`:
Item No 2
_.
(d) That the conditional use permit, under the cdnditions imposed, if sny, will not
increase traffic congestion within! the off-street parkingareas or ots provided for
such use; and
(e) That the conditional use permit, under the conditions imposed, ifany, will not
.impede vehicular ingress to or egress from adjacent properties upon the public
streets in the immediate vicinity'of the proposed use.
Unless conditions to the contrary are expressly imposed upon the granting of any
:conditional use permit pursuant to this Section by the Planning Commission or City Council,
the granting of any such conditional use permit shall be deemed contingent upon dperation
of such use in conformance with the assumptions relating to the operation and intensity of
the use as contained in the parking demand study,that formed the basis for approval of said
'..variance. ;Exceeding, violating, intensifying or otherwise deviating from any of said
assumptions as contained in he parking demand study shall tie deemed a violation of the
express aonditions'imposed upon said oonditiona(use permitwhich sftall subject`said
conditional use permit to termination oCmodification pursuant o the provisions of Sections
18.03:091 and 113:03.092 of this Code.
(35) 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. by other properties in the same vicinity and zone. The sole purpose of any code
waiver is to prevent discrimination and none shall be approved which would have'the effect
of granting a special privilege not shared`,by other similar properties. Therefore, before any
::code waiver is granted by the Planning`Commission, it shalibe 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 vicinity; and
(b) That strict application of the Zoning Code deprives the'property df privileges enjoyed
tiyother properties under identical zoning classification in the vicinity.
(36) (Before the Planning Commission grants any conditional use permit, it must make a finding
of facf that the evidence presented shows that all of the following conditions exist:
(a) That the proposed use is properlyone for which a conditional use permit is<
authorized by the Zoning Code; or that said use is not listed therein as being a
permitted use;
(b) That the proposed use will not adversely affect the adjoining land uses and`the
growth and tlevelopment 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
development of the proposed usa!in a manner not detrimental to3he particular area
nor to the peace, heaitfi, safety, and general welfare;
(d) That the traffic generated by the proposed use will not impose an undue burden
upon the streets and. highways dasigned and improved to carry the traffic io the
:area; and
(e) That the granting of the'conditional use permit under the conditions imposed, ifany,
will not be detrimental to the peace, health, safety and' general welfare of the citizens
of he City of Anaheim.
Page 10
Staff Report to the
Planning Commission
February'24,2003
item No. 2 ?
(37) The Senior Citizen's Apartment Ordinance' (Code Section 18.94:031.030) further requires
that the developer of a senior'citizen's apartment project provide evidenceas to the location
of the site in relation to the proximity and accessibility;to necessary services, including
grocery stores, transiPstops, medical facilities and banks. The petitioner has prepared a
vicinity mapshowing the locationof these services. The Ordinance further requires that
prior to approval of a conditional use permit; the Commission sfiall make mandatory
findings that the evidence presented shows hat said project is reasonablyaccessible to the
services identified above.
RECOMMENDATION:
(38) Staff recommends that unless additional oGCOnUary information is received during the
meeting, and based upon the evidence submitted to'the Planning Commission, including
the evidence presented in this staff report,, and oral and written evidence presented at the
public hearing, that the Planning`.Commission take the following actions:
(a) By motion, aoorove the CEQA Negative Declaration,
(b) By motion, aoorove waivers (a) pertaining to minimum number of parking spaces, (b)
pertaining to minimum sttuctural setback, (c) pertaining to minimumrlandscape
setback adjacent to a single-family residential zone and (d) pertaining to maximum
structural height;within'150 feet of a Ingle-family residential zone based on the
following:
(i) That waiver (a) pertaining to minimum number of parking spaces should be
approved based on the recommendation by the City Traffic and Transportation
.Manager that the proposal for 72 spaces is adequate'to serve dhe project.
(ii) That waivers (b), (c) and (d) are based on the constraints of adaptively reusing
tfie existing motel structures forsenior citizen's apartments.
(c) By motion, denv waiver (e) pertaining o minimum width of pedestrian accessways
since it has been deleted. '
(d) By resdution, aoorove Conditional Use Permit tJo. 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.
(ii) .That the proposed complex would not adversely affect the adjoining existing
~esidential'and commercial land uses or he 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 be reduced from'80 motel units to 63 senior
i citizen's apartment units.
(iii) :That the project would provide a significant affordable housingppportunity for
Anaheim residents.
(iv) .:That the size and shape of the; property for the proposed use is adequate to
allow the full development of this senor citizen's apartment complex, ahtl that
is development would be constructed with amenities comparable to other
Page 11
Staff Report to the>
Planning Commission
February 24, 2003:
Item No 2
senior citizen's apartment complexes approved along Lincoln Avenue; and -
would provide livable affordable units for senior citizens.
.THE FOLLOWING CONDITIONSARE SUBMITTED BY VARIOUS CITYbEPARTMENTS ACTING AS
AN INTERDEPARTMENTAL COMMITTEE'AND'AREBECOMMENDED FOR ADOPTION! BY THE
PLANNING: COMMISSION IN THE EVENTtTHAT THIS PERMIT ISAPPROVED.
L That lighting fixtures in any proposed parking area located adjacent to any residential property shall
be down=lighted with a maximum height of twelve: (12) feet. Said lighting fixtures shall be directed
away from adjacenf residential property;lines to protect the residential integrity of the area and shall
be so-specified on he plans submitted fbr buiidingpermits.
2. That the owner of subject property shall submit a letter requesting termination of Conditional'Use
Permit No. 2223 (torexpand an existing motel with waiver of minimum number of parking spaces),
`Variance Nos. 256T(to construct 2 freestanding signs with waiver of permitted location of
freestanding signs) and Variance No. 1137 (to erect a sign) to the Zoning Division:
3. That finalelevation and floor plans shali'be submitted to the Zoning Division and the Community
"Development Department for feview and: approval.: by the Planning Commission as a Reports. and
Recommendations'item. Said: plans sfiall indicate removal ofground floor patios and doors'along
r Lincoln Avenue, demonstrate amenities-for all common recreationalAeisure areas!(indoors and
outdoors) and further to provide an architectural theme and features complementary to newer
developments in the area for the new building along Lincoln Avenue (building one):
4. That a final landscape plan sfiall be submitted to the Zoning Division for review ahtl approval: The
plan shall!implement alayered landscape treatment along Lincoln Avenue consisting of trees, shrubs
and grouhdcover. The plan sfiall Indicate 19 evergreen trees'within the existing 7-foot wide :
landscape setbackalong the south property line, y9 trees within a 20 foot wide landscaped setback
adjacent to Lincoln'Avenue and groundcover with trees throughout the common areas withinthe
complex.' All trees shall be 24-inch box size. The existing Canary Island Date Palms shall be
retained as part of the landscape plan. 'Any decision by the Zoning Division regarding said plan may
be appealed to the' Planning'Commission as a Reports and Recommendation Item.
5. That the existing pole sign along Lincoln Avenue shall be removed. Said information shall be
specifically shown on plans submitted for building permits.
6. That any new signs shall be subJect to tfie Anaheim Municipal Code pertaining to the "RM-1200"
`Residential Multiple. Family zone. Said; plans shailbe 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 lof shall be slurry sealed and re-striped to the satisfaction of the Traffic and
' Transportation Manager. Both'cJrivewayentrances'shall have decorative stamped concrete'ihstalied
transitioning from the public right-of-way o the on-site pavement. Said'information shall be shown on
;' plans submitted for building permits.
8. 1 That not more than two (2) persons, at least one (1) of whom must be asenior citizen aged (a) sixty
two (62) or older sfiall reside in, or be permitted tb'reside in any bachelor or one (1) bedroom unit;
and thafnot more than three (3) persons, at least one (1) of whom mustbe a senior citizen, shall
reside in or be permitted to7eside 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
i who resides with and provides. primary physical oCeconomic'support to the resident seniorcitizen,
shall beat least forty five (45)'years of age except!that temporary residency by aperson less an
forty five (45) years of age fora cumulative period'of sixty{60) days in any calendar year sfiall be
permitted; and tfiat an unsubordinated covenant ina form approved by,the City Attbmey so-limiting
Page 12
Staff Report to the
Planning Commission
February 24, 2003
Item No. 2"
such occupancy shall be recorded with the Office of the Orange County Recorder by he legal owner
'of the property. A copy of said fecorded covenant snail then be'submitted,to the Zoning Division.
9. That elevators shall be provided.for this subject senior citizens' epartmenfproject so'that each
apartment entrance is located no more than one hundred fifty (1.50) feet walking distance from'ap
`elevator. Each elevator shall comply with the State of Califomiai Fire Life,Safety regulations. Said
information: shall be specifically on plans submitted for building: permits.
10. That the Iegai property owner shall enter into an unsubordinated recorded agreement with the City of
Anaheim pursuant to California Government Code Section 6591.5, and Chapters 18:94 of the
Anaheim Municipal Code. Such affordable agreement shall include appropriate rental controis'as
:specified by the City; and the duration of the agreement shall be fora 30-year period: After the'
aagreement has been'recprded, a copy shall be provided to the Zoning Division.
11. That the Anaheim Housing Authority shall tie afforded a first right of refusal in referring eligible
aenants to'affordable'units.
12. That the developer shall submit a written agreement to the Housing Authority agreeing to comply with
mall 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,shall be specifically hown on'plans
submitted for buildingpermits.
14. That the locations for future above-ground Utility devices including, but notlimited 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. Shat the legal owner of subject property sfiall provide: the City of Anaheim with a public utilities
easementacross theproperty,to be determined as electrical design is completed.
16. That any required relocation of City electrical facilities shall be at the developer's expense.
Landscape..and/or hardscape screening oftall pad-mounted equipment shall be required and sfiali 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 Chapter :10.19 of the Anaheim'. Municipal Code and
Ordinance No. 5349 regarding water conservation. Said Information shall lbe specifically on plans
submitted for building permits.
18. That all existing water' services and fire lines shall conform to curent Water Services Standards
'Specifications. Any water service and/or fire line thaEdoes not meet current standards shall be:
upgraded if continued use is necessary or;abandoned if the existing service is no longer needed. The
owner/developer shall be responsible for the costs to upgrade or to abandon any water service' or fire
line,
19. That all requests for new watef service ar fire lines, as well as any modifications, relocations, or
abandonment of existing water services and fire lines, shall be'coordinated through,the Water
''Engineering Division of the Anaheim Public Utilities Department.
20. That gates shall not be retained or installed across any driveway in a manner which may adversely
affect vefticular traffic in the adjacent public street. Installation bf any gates shall conform to
Page 13
Staff Report to the
Planning Commission
` February 24, 2003
Item No; 2
Engineering Standard Plan No. 609 andshall be subject to the review and approval of the City Traffic -:
and Transportation Manages
2L That plans shall be submitted to the City Traffic and Transportation Manager for his review and
approval'showing conformance with the curcent version of Engineering'Standard Plan Nos. 402, 436,
'(601, 602and 604 pertaining to parking standards and driveway locations. Subject property shall
thereupon be developed and maintained: in conformance with; said plans'.
22. That an oh-site trash truck turn around area shall be provided per Engineering Standard Detail No.
610 and shovm onplans as required by;the Department of Public Works, Streets and Sanitation
Division. Said area'shall be specificallyshown on plans submitted for building petthits.
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 Numtier 542 "Sound Attenuation in Residential '.
Projects"land with Noise Insulation Standards specified in the Califomia'Administrative Code; Title 25.
24i' That all remaining driveways shall be reconstructed with ten (10) foot radius curb returns as required
rr by the City Engineer in conformance with Engineering Standard No. 137. Said informationshall be
`specifically shown on plans submitted for building permits.
25' That trash storage areas shall be provided and maintained inlocations acceptable`to the Public
=Works Department,'; Streets and Sanitation Divisiohand in accordance with approved plans on file
with said `Department. The walls of the storage areas shall be protected from graffiti opportunities by '`
the use of plant materials such as minimum 1-gallon size clinging vines;planted on maximum. 3-foot
centers or tall shrubbery. Said information shall be specifically shown on the plans submittetl for
building permits,
26.' That a plan sheet for solid waste storage. and collection and a plan for recycling shall be submitted to
the Public Works Department, Streets and Sanitation Division for review and approval,
27: That the legal property owner shall submit an application for a Subdivision Map Act Certificate of
Compliance to the Public Works Department, Development Services Division. A Certificate'of
Compliance or Conditional Certificate of Compliance shall beapprovedby the City! Engineerand
recorded in the Office of the orange County Recorder.
28i That a Lot Line Adjustment to'merge the parcels sfiall be submitted to the Public Works Department,
Subdivision Sectiortand recorded in the Office of he Orange County Recorder,
29 That the developershall submit a WaterQuality Management Plan (WOMP) specifically identifying
the postconstruction best managemenfpractices that will be used on-site to control predictable
pollutants from storm water runoff. The WOMP shall be submitted to the Public Works Department,
Development Services Divisiah for review and approval.
30 That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioneGand whichplans are on file with'the Planning
Department marked Revision"No. 1 of Exhibit Nos.:: 1, 2, 3 and 4 and Exhibit Nos.: S through; $ and as
conditioned herein.5
Page 14
Staff Report to the
Planking Commission
February 24, 2003 ``
Item No. 2'
3L That prior to issuance of a building permit, or within a period of one (1) year from the date of this
~esolutiok, whichever occurs first, Condition Nos. Y; 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 tc 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 extehf that it
complies with the Anaheim Municipal Zoning Code and anybtfier applicable City, State and Federal
+ regulations: Approvaldoes not include any action or findings as to compliance oFapproval of the
fequest ~egarding'any other applicablebtdihance,.regulation orrequirement.
Page 15
ATTACHt1ENT - ITEt1 t10. 2 SECTION4
PETITIONER'S STATEMENT OF
NSTIFICATION FOR VARIANCE/CODE WAIVER
(NOT REQUIRED FOR PARKING WAIVER)
REQUEST FOR WAIVER OF CODE SECTION: ~ ~ ~ ~~ ' ~' ~' ~ ~ ~ i ~'~
~ (A separate statement is required for each Code waiver)
PERTAINING TO:
Sections 18.03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver may be
granted by the Zoning Administrator or Planning Commission, the following shall be shown:
That there 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 [he 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 far which a variance is sought, fully
and as completely as possible. If you need additional space, you may attach additional pages.
Are there special circumstances [hat apply to the property in matters such as size, shape, topography, location or
surroundings? ~, Yes _ No.
If your answer is ;'Yes," describe the
2. Are the special circumstances that apply to the property different from other properties in the vicinity which aze in the
same zone as your property? Yes _ No
3.
4.
The sole purpose of any variance or Code waiver shall be [o prevent discrimination, and no vanance or Code waiver shau oe
approved which would have [he 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.
l l~ , ~' ^~
Si afore of Prope O er o Authorized Agent Date
CONDITIONAL USE PERMITNARIANCE NO.
DECEMBER 12, 2000
CUP P14. ~~rl•` - ~ '. ~~ ~ 5
Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring
properties located within the same zone? ~/ Yes No
Were the spe~r~ttal circumstances created by causes beyond the control of the property owner (or previous property
owners)? /Yes _No
ATTAC11ttEIJT - 1 TEl7 N0. 2
PETITIONER'S STATEMENT OF
JUSTIFICATION FOR VARIANCE/CODE WAIVER
(NOT REQUIRED FOR PARKING WAIVER)
REQUEST FOR WAIVER OF CODE SECTION: ~ ~' ' ~~ G ~ ~' C' ~ G
PERTAINING TO:
statement
Code waiver)
SECTION 4
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 Administrator or Planning Commission, the following shall be shown:
That there aze special circumstances applicable to the property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical zoning classification in the vicinity; and
2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges
enjoyed by other property under identical zoning classification in the vicinity.
In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Comrission to
arrive ata 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.
2.
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 discrimination, and no variance or Code waiver shall be
approved which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone
which is not otherwise expressly authorized by zone regulations governing subject property. Use variances aze not permitted.
~ ~2'2~ DZ
Si afore of Proper 7 O e~uthorized Agent Date
CONDITIONAL USE PERMITNARIANCE NO.
DECEMBER 12, 2000
~~ ~ ~
Cl1P F~I~. c~02 - ~ ': ~ : 6
Are there special circumstances [hat 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 spect'al circumstances created by causes beyond the control of the property owner (or previous property
owners)? _ Yes _ No
ATTACHISENT - ITEt1 ldp. 2
PETITIONER'S STATEMENT OF
NSTIFTCATION FOR VARIANCE/CODE WANER
(NOT REQUIRED FOR PARKING WAIVER)
REQUEST FOR WANER OF CODE SECTION:
PERTAINING TO
L- ~:
is required for each Code
SECTION 4
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 [o 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 [he 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 [he following questions regazding the property for which a variance is sough[, fully
and as completely as possible. If you need additional space, you may attach additional pages.
1.
2.
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 discrimination, and no vanance or Uode waver snau oe
approved which would have the effect of granting a special privilege no[ shazed by other property in the same vicinity and zone
which is not otherwise expressly authorized by zone regulations governing ssub~jiec~t pr~op~erty. Use variances aze not permitted.
Si afore of Proper O er o Authorized Agent Dale
CONDITIONAL USE PERMITNARIANCE NO.
DECEMBER 12, 2000
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 the property deprive it of privileges currently enjoyed by neighboring
properties located within the same zone? Yes No
Were the sper~'al circumstances created by causes beyond the control of the property owner (or previous property
owners)? V Yes _ No
I ItM NU.
RESTAURANT
a CUP ltaa
969941 VACMIT
.~
CL CL
CL BROOKHURST SHOPPING 98-99•t t
96.99-11 CENTER 54-55-7
54-55-00 T•CUP 2002-04314
CUP 2002-04529 ~ VAR 4383
CUP 3960 WALGREENS .~~
CUP i2io 9s son RM-2400
CUP 1047 54-5s-7 TRACT'NO. B
CUP 962 BROOKHURST SHOPPING CL T-CUP 2002-04314
CUP 399 CENTER 89.90-55
V•2683 BANK W GREENS 67-68-66
V-21515 62-63.113
V•2005 90-99-11 CL 54-55-7
V-7216 CL 54-5548 96.99-11 CUP 1295
V-12775 ~ BROOKHURST SHOPPING CUP 2002-84526 54.55-7 111 DU
I I .RESTAURANT CENTER ~~0~980 T-CUP2002.04314 1 1 1 1 I
BALL ROAD
ANAHEIM CITY LIMITS ~ ~ 364---1~ I
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.
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CL
639311
~ 5455-26
CUp 3918
E VILLAG
CUP 3fi43
CUP 976
98.99-11 5653]8
CUP 3859
=
CUP 616 SHOPPING.
CENTER CUP 7294
CUP 887 V-2783
INO
eLDGS
64•fi5-06
V~ ju4
Y
THE VILLAGE
y-953 S .
.
BtENVILLE AVENUE CUP 4452 MMItET SHOPPING EVILLAGE
O CENTER SCENfER
CUP 425fi - CL
CUP 3932 a
b
ss io ~
CUP 638
(CUP 2209 W) se
-
uP ]es
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V ACAN T sr
O
SERVI CE ST ATION e669-it
H s653w RM-1200
w c~ ~~~ TRACT NO
10694
w 3
o
PUNAaAN S .
70
71
9
vi ZQ .
.
se-e3n -
-
CUP 1196
J 56.5330 V-3128
2
W = CUP
567 V-2196
g ~ v-]7s6 VAR 1196
¢ cL BROOKHURST VILLAGE
I s~bssio CONDOMINIUMS
= CUP 1795
CUP 1819
M S
~
CHOO~
General Plan Amendment No. 2002-00407 ~~ ~ ~ Subject Property
Reclassification No. 2002-00087 Date: February 24, 2003
Conditional Use Permit No. 2002-04641 Scale: 1" = 200'
Requested By: ATLANTIC RICHFIELD CO. O.S. No. 35
GENERAL PLAN AMENDMENT NO. 2002-00407-TO AMEND THE LAND USE ELEMENT OF THE GENERAL PLAN TO
REDESIGNATE A PORTION OF THE PROPERTY FROM THE LOW DENSITY RESIDENTIAL DESIGNATION TO THE
GENERAL COMMERCIAL DESIGNATION.
RECLASSIFICATION 2002-00087- REQUEST FOR RECLASSIFICATION OF THE SUBJECT PROPERTY FROM THE
COUNTY C-1 (COMMERCIAL) ZONE TO THE CL (COMMERCIAL, LIMITED) ZONE, OR A LESS INTENSE ZONE.
CONDITIONAL USE PERMIT NO. 2002-04641 - TO ESTABLISH CONFORMITY WITH ZONING CODE LAND USE
REQUIREMENTS FOR AN EXISTING DRIVE-THROUGH RESTAURANT AND TO PERMIT A SERVICE STATION
WITH ACCESSORYCAR WASH AND CONVENIENCE MARKET WITH THE SALES OF BEER AND WINE FOR
OFF-PREMISES CONSUMPTION
WITH WAIVERS OF: (A) NONCONFORMING STRUCTURES AND USES-GENERAL
(B) NONCONFORMING SIGNS AND BILLBOARDS-GENERAL
(C) MAXIMUM STRUCTURAL HEIGHT ABUTTING ASINGLE-FAMILY RESIDENTIAL ZONE BOUNDARY
1201 South Brookhurst Slreet -ARCO AM/PM Service Station
577
Staff Report to the
.Planning Commission
February 24 2003
.Item No. 3
3aa CEQA NEGATIVEbECLARATION (Motion)
Bb GENERAL PLAN AMENDMENT NO: 2002-0040T1 (Resolution)
3c: ,RECLASSIFICATION NO 2002-00087 ` (Resolution)
Bd! :. WAIVER OF CODE REQUIREMENT (Motion)
'3e: CONDITIONALUSEPERMITN0.2002-04641 (Resolution)
3f. REQUEST FOR CITYCOUNCIL REVIEW OF ITEMS Sc. 5d. and 5e. (Motion)
.:SITE LOCATION AND DESCRIPTION:
(1) This irregularly-shaped,: 1.7-acre property is located at the southwest comer,bf Ball Road and
. Brookhurst Street, having,frontages of 3ti4 feet on the south side of Ball Road and 230 feet on the
west side of Brookhurst Street (:1201 South' Brookhurst Street -Arco AM/PM Service Station).
'REQUEST:
(2) The petitioner requests'approval of the following:
General Plan Amendment No. 2002-00407 - To amend the Land Use Element of the General Plan
_ to'redesignate a portion of the property from the Low Density Residential land use designation to
he General Commercial land use designation.
Reclassification No. 2002-00087 - To reclassify a portion of the property from the County C-1
(Commercial) Zone to the CL (Commercial,, Limited) Zone, or less intense zone,
Conditional Use Permit No. 2002-04641 - A conditional'use permit under authority of Code
Sections 111:44.050.070, 18.44.050.080 18(44.050.195 and 18.44.050.300 to establish conformity
with zoning code land use requirements foran existing'drive-through restaurant and to permit the
constructiorcof a service station with accessory car wash and convenience market with the sales.
oflbeer and wine for off-premises consumption with waivers of:
(a) SECTION NOS. 78.02.058,014 Nonconformino Structures and Uses
AND 18.03.030 = General ((Gonditional':use permit
required to retain billboard; No conditional
use permit proposed.)
(b) SECTION NOS. 18.05.050 ' Nonconformino Signs and Billboards -
AND 18:44.050.090 General. (Conditional use permit Fequired; '
No conditional use permit proposed.)
(c) SECTION NO. 18.44.062.011 Maximum structural height within 150 feet of'a
>`sinale-familvresidential zone bdundarv. (5
::foot highstructure permitted; 14-foot high
proposed.)
BACKGROUND:
(3) This item was continued from the January 13, 2003 and January 27, 2003 Planning
Commission meeting. in order to allow th® applicant time address several design and
architectural concerns that were raised in staff's initial evaluation of She project as well
as by the Planning Commission at theprevious meeting.
sr8562jr
Page 1
Staff Report to the
Planning Commission
February24, 2003
Item No.' 3
(4) This property is developed with'a vacant gas station,'vacant pawnshop and a fask food drive-
lthrough restaurant (Alberto's),'end is zoned CL (BCC) (Commercial, Limited -Brookhurst
`Commercial Corridor Overlay) and County C-1 (Commercial). The Anaheim General Plan
Land Use Map designates thisproperty for' Low Density Residential and General Commercial
'.land uses. `The portion of the property currently located withiKthe City limits is also within the'i
:'Brookhurst Commercial Corridor Redevelopment Project Area.`
(5) This property consists of two legal lots. The vacant gas station+is located on the easterly lot
'(directly on the comer' of Bail Road and Brookhurst: Street) and the vacant pawnshop and
Aiberto's restaurantere both located on the westerly lot. The pawnshop'and Alberto's portion.`
of the subject property is located within unincorporated Orange County. The petitioner has
submitted'e letter of request initiating the annexation process to incorporate this property into
the City. The petitioner's request involves'a genersl'plan amendment and reclassifidation of
this unincorporated portion of the property (the westerly lot) in order to fulfill the requirements
toryre-zoning for submittal of the annexation request to LAFCO (Local Agency Formation
`Commission).
PREVIOUS ZONING ACTIONS:
(6) The following zoning actions pertain to this property:
(a) Conditional Use Permit No 2000-04256 (to construct a new service station with' a
convenience market and waiver of required landscaping adjacent to interior siteboundary
lines) was approved by the Planning Commissioh on September 25,'2000. The Planning
Commission subsequently rpproved a retroactive time extension on October 22; 2001, to
expire on September 25,'2002. This'service station was not constructed and the
entitlement expired on September 25,:2002.
(b) Conditional Use Permit No. 3932 (to permit the expansion of an existing service station td
include a convenience market with retail sales of beer and`wine for off-premises
consumption at 1201 Soutft Brookhurst Street) was approved by the'City Council on
September 9, 1997, subsequent to approval by,the Commission (without retaiGtieer and
wine sales for off-premises consumption). This service station was not constructed and the
entitlement expired on September 9,.1998.
(c) Conditional Use. Permit No: 638 (to permit an existing service station' within 75 feet of an tZ-
1 Zone) was approved by the CityCouncil in :1964. This is the current entitlement for the
existing service station.
`(d) Site Plan Review No. SP 89-190A (to construct an 817 square foot restaurant with a 700
square foot picnic area for exterior dining only) was approved by the County of Orangeas
an Administrative Action dh Decemtier 12, 1989: Currently, the Alberto's restaurant
occupies this site.
Page:2
I
Staff Report fo the
Planning Commission
February 24' 2003
Item No. 3 ''
(7) Surrounding land uses are as follows:
Direction' !Land Use: Zoning General Plari
Desi nation
North (across Commercial Center CL (BCC) General Commercial
Ball Road
East (across Service CL (BCC) General Comme~ciai
Brookhurst Station/Convenience
Street) Market with Beerand
Wine Sales
South Convenience CL (BCC) and R-1 General Commercial
Market/Single-Family (County of Orange) and Low Density
Residential Residential
West Single-Family R-1 (County of Low Density
Residential Oran a Residential
GENERAL PLAN AMENDMENT REQUEST:
(8) The petitioner requests an amendment to the Land Use Element Map of the General Plan to
redesignate the portion `of the subject property that lies within unincorporated Orange County
from the LowDensity ResldentiaGland use designation'to the General Commercial land use
designation.
(g) The Genera(Plan provides an official guide forfuture development within the City and is
.intended to promote an'amangement of lahd uses, trahsportation'services and other public
services, which provide orderly developmenYand adequate provision for public improvements.
Since the initial adoption of the Generai Plan; the Planning Commission and. City Council have
viewed the Generai Plan as being,flexible within the specified ranges. This idea is reflective of
the introductory text of the General Plan text, which reads as follows:
°The Anaheim General Plan is not a precise plan and does not sfiow, nor intend to show, the
exact land use pattern which will in fact occur. Instead,.: it indicates the general location of land
uses and the'interrelationships of vadpus land use patterns as shown on the Genera/ P/an
Land Use Map. The Plan constitutes an expression of current City objectives, principles,
standards,'proposals and policiesand provides a basis from which decisions relating to
specific land use proposals canbe made.°
Page 3
Staff Report to the '
Planning Commission
February 24, 2003'
Item No• 3
(10) The following is a comparison of the existing Low Density Residential land use designation
and the proposed General Commercialland use designation, including'associated'traffic
information. The average daily trips are'described below based on the Anaheim Traffic
Analysis Model (ATAM) for associated land use types. Maximum number of dwelling units are
'based on`density ranges permitted for the given land use designation and potential dwelling
`unit averages are based on estimated averages experienced on a City-wide basis.
ADOPTED GENERAL PLAN (EXISTING)
Density' Estimated
Land Use -: A roximate , ` Typical , Range Potential
PP Iniplementatlon (DU's per Dwelling Units- Average,Daity
Designation . "Acres cones !,gross- ;, .(Avg. ta'I~lax.) Trips (ADT)
'. ;acre) , Avg. to Max)
Low Density RS-10,000 0 - 4.3 3.3 - 4 31 - 38
Residential 1.13
RS-7200 0 - 6 4.7 - 6 45 - 57
(11) '.The existing Low Density Residential land use designation is intended to specify those areas
:where a strong trend for the development. of single-family subdivisions having 7200 to 10,000%
'square foot lots exists. This designations implemented by the RS-10,000 and RS-7200
(Residential, Single Family) zones. The Low Density Residential land use designation would
permit a theoretical maximum of up to 6 units for this property at a density of 6 dwelling units',
`per gross acre.
EXHIBIT A (PROPOSED)
Density ~ ~ `' 'Estimated
Land Use -,"" ~, Approximate.. ~ Typical Range Potential Average Daily
Designation . ;Acres. Implementation (DU's per ' Dwelling-Units :,Trips (AbT)
Zone ~ '.gross ` ` (Avg, to~Max.). (Avg. to Max)
'=acre) "
General 113 CL N/A N/A 693
Commercial
(12) The proposed General Commercial land use designation is intended to provide for and
`'encourage the development of a wide va~lety of commercial uses including shopping centers,::
commercial offices, and a variety of smalP retail businesses. This designation is ypically
:`implemented by the CL (Commercial, limited) zone::
(13) Staff believes the General Commercial land use designation is appropriate for this property as
`the property is curzantly developed with a commercial use (Altierto's), and would complement
the existing commercial uses to the north and east at the intersection of Brookhurst Street and
Ball Road:'.
DEVELOPMENT PROPOSAL:
(14) :Petitioner proposes to demolish the existing service station facility and vacant pawnshop to
construct a new one-story Ardo AM/PM service station facility with a 3,705 square foot
convenience market, 968 square foot automated carvvash, and a 4,854 square foofcanopy '
urea to house pump islands. s The convenience market is proposed with Yetail sales of beer
and wine for off-premises consumption.
Page 4
Staff Report. to the
Planning Commission
February 24; 2003
Item No. 3
(15) The site plan{Exhibit No. 1) indicates an existing Alberto's drive-through restaurant facility and
the.: proposed convenience market; carwash,land pumpisland canopy. There are no proposed
improvements to the restaurant portion of the property. The proposed improvements for the
new Arco AM/PM service station facility would (ncludeedrlve-through lane for the carwash,
the relocation of an existing vapor;recovery/~emediation system, a new trasft' enclosure, a
vacuum station, and an airlwater dispensinglstation. Parking lot lighting includes six (6)
" freestanding lights that do not exceed 12 feet in height..' Plans indicate a new 8-foot high
masonry wall: on the south property line adjacent to the residential neighborhood that drops to
6 feet along,the boundary shared with the commercial property, and then drops to 3 feet in
height within She setback along Brookhurst Street. The ite plan also indicates that two
existing non-conforming billboards: are located on site. One of the billboards. is located within
an existing planter areaat the northwest wmer of the Alberto's portion of the site adjacent to
Ball Road. The second billboard is proposed to be removed by the applicant to facilitate the
proposed improvements related to the site for the new service station facility: This billboard is
cu[rently located at the east end of the proposed driveway entrance along. Ball Road.' Both of
these billboards are located on the portion o€ the property proposed to be annexed to the City.
(16) Submitted plans indicate the following convenience market, carwash, and canopy setback
characteristics:
Direction Proposed ! Proposed Proposed Proposed Code'.
Convenience Gar Wash Canopy, Landscaping Required
Market Setbacks Setbacks '' Width 'Landscape
Setbacks ` ' "Setbacfs
North 59.66 feet ' 166.75. feet 34.6 feet ' 10 feet 10 feet, fully
(adjacent ro landscaped
Ball Road)
East 175 feet 148 feet 62 feet 10 feet 10 feet, fully ',
(adjacent ro 'landscaped
Brookhurst
Street)
South 49.6 feet = 10 feet 69 feet 8 feetto 23 10 feet, fully `<'
(adjacent to (adjacent to ' feet landscaped
res(dentlaq commercial)
West 22.33 feet 48 feet .130 feet 4 to 8 feet None
(adjacent ro
Alberto's
Restaurant)
Note: 'Setbacks are measured from the ultimate right-of--way line along Ball Road and Brookhurst
Street.
Page 5
Staff Report to the
Planning Commission
February24, 2003
item No-'3
(17) The submitted floor plan for the3,705 square foot convenience market (Exhibit No, 2)
indicates a retail sales area, sales counter area, food preparation and counter area; walk-in
coolers and freezers; utility, office and storage areas, and two'restrooms hat are accessible
'from the interior of the building.:: The plan'also shows self-serve condiment fac0ities, as well as
fountain drink dispensers, and coffee machines. Retail sales of beer antl wine foroff-premises
`consumption is also`proposed within the convenience market.
(18) The landscape plan (Exhibit No. 3) indicates a 10-foot wide landscaped setback adjacent to
:the Brookhurst Street and Balf Road frontages, with a 2-foot ftlgh berm and a total' of 27, 8-12
foot 6rown'trunk height (BTH) California Fan Palm trees (12 along Brookhurst Street and 15
"along Ball :Road). The plan also indicates`5 to 25-foot wide planters adjacent to the south
property line and west boundary of the service station facility, including a total of 24 trees
planted 20 Peet on-center (seventeen 24-inch box Australian W illow trees and seven 24-inch
box Jacaranda trees), shrubs, and groundcover. Plans further indicate that landscaped
planters and trellis planters would be constructed adjacent to the proposed convenience
'market and carwash buildings,' as well as interior parking area= Code requires a 10 foot wide
' landscaped setbackalong Ball. Road and Brookhurst Street planted with one tree for' every
`twenty feet of street frontage for a total of 29 trees (18 along Ball Road and 11 along
Brookhurst Street).: Code further requires`a 10 foofwide landscaped setback planted with
screening tees 20 feet on center adjacent to the south (residential) property line. Trees are
also required to be planted on 20 foot center along the interior (west) property line.
(19) Vehicular access to the property is proposed via one new driveway on Brookhurst Street and
bne new driveway on Ball Road'. Currently there are five (5) driveways servicing the property.
These driveways would be completely demolished and replaced with the two new driveways ''
as indicated above. The plans also indicate a total of 23 parking spaces on-site. Code
requires a(minimum of 21 spaces based at a ratio of 5.5 spaces per 1,000 square feet of gross
`floor area for the service station/convenience market building. ,
(20) In addition to the previously submitted`elevatiod exhibits (Exhibit Nos. 4, 5, and 6), the
petitioner has submitted a conceptual elevation drewing'(Exhibit No. 11) that :
demonstrates proposed design changes to the'convenienee market, carwash and
:pump island canopy. The convenience market is proposed to be a single-story building, with
exterior building materials consisting of a scared stucco finish on each of the building
elevations (sand finish painted!peaH), accent metal rellises, parking lot lighting, and a country.
ledge stone wainscot treatmentalong the bottom 2-3 feet of each elevation. The storefront
includes clear glass anodized aluminum windows and entryway doors as well as associated
signage. ,The new elevatiomdrawings reflect the inclusion'of a "mission the" treatment
to the cohvenience`market roof and tower elemehts. The canvash building is proposed to
be consistent in color with the convenience market building. Additionally, traditionalArco
colors (red'and blue) and variation of hues of the proposed pearl color are includedas well
'However,: the new ®levation drawings also reflect a subtle reduction of the "bullnose"
articulation along the comice'treatment of the carwash building, as wrell as the addition'
'of a eountry ledge stone wainscot treatment along the bottom 2.3 feet of each` elevation,
'consistent with the conveniehee market building. The carwash elevations would include
directionaland advertising signage on the north, west, and east elevations, as well as
associated on-site lighting. Theproposed pump island canopy elevations indicate a
mission file roofed canopy to match the convenience market, with four (4) pump
islands. The support columns of the canopy would be constructed'of 12-inchtubular
'steel and have a 4ex-coat stucco application with texture and color to be consistent with
both the convenience market and carwash buildings and painted "pearl" in color. The
oanopy would be constructed with a half: bull nose cornice treatment (internally illuminated with
two bands of neon lighting -blue in color).: The canopy would. have associated Spark logo
Page.6
Staff Report to the
Planning Commission
February 24, 2003
Item No. 3
signage as well as contain solar panels for energy service to the service station, which would
be`completely screened from thepublic right-of-way.
(21) Sign plans (Exhibit Nos: 4, 5, 6, and 7) indicate a monument signpole sign,'and wall signage
for various aspects of the service station operation. The proposetl monument sign would be 8
feet high, 8.5 feet wide and would fiave a sign area of approximately 44 square feet. The sign
_ base would tie constructed with ledge stone to match tfie building: and the sign would tie
constructed of vinyl plastic and be internally'lluminated Code permits a 10-foot wide by 8-foot
high 65 square foot double-faced monumentsign. Instructional signage for the carwash
operation and vacuum station is also proposed for customers using these services, however
this signage is not specifically shown on these plans, and is intentled for on-site customers
only.
(22) Code also permits wall signage not to exceed 10 percent of each building elevation. Proposed
signage is indicated in the table below:
YjF- 9, h" Y f -?S
Stgnage~
~Prapaseci~ ~1 vi ( ~ ~ iP ~+..
~ Locat'aon ~~~ yy dtfi+P .-.-d' fR
Coilnpltes~wiftrli
~
<5 .~~ S`
~~~~
~ r
~
'~~~'~"~`
~
ms 'COd@~ ;.:.>°
u
r~
.
~~~ _
r..Y
,.~ ~
, .
s-~:. '`„
"
ks_
One (1) 53.5 s.f. Arco Sundse :Convenience Market-East Yes
:Sign ElevsBon
Two (2) sets'nf cabinet signs Convenience Market -East Yes
(total of 8 signs and 125 s.f.)
'
' Elevation
roduct dis
la
for food
None: Proposed = Convenience Market -North, N/A
West, South ElevaBons
One (1) "Carwash" sign (17 Canvash North Elevation Yes
s.f)
Two (2) cabinet signs (18 s.f.) Carwash North Elevation Yes
for food product display
:One (1) "Enter" sign (5 .f.) panvash West ElevaBon Yes
One (1) insWctionai cabinet Carwash West ElevaBoh Yes
sin 9 s.f.
One (1) rPF~dt" sign (4 s.f.) Carwash East ElevaBoh Yes
Ane (1) Spark Logo (4 s.f.) Carwash East Elevation Yes
None' Proposed Ganraash South Elevation N/A
One (1) 12' high, "catwash cCarwash DdveThrough No
:entrance";pole sign'(29 s.f)
One (1) Spark Logo (7 s.f) `Canopy North ElevaBon Yes
One (i)Bpark Logo (T .fJ Canopy East Elevation Yes
None Proposed ' :..Canopy West ElevaBon WA
Directional Signage for on-site Pump Islands West ElevaBon Yes
'customers: (not visible from
R-O-W )
i One (1) Spark Logo (7 s.f.) Canopy South ElevaBon Yes
None Proposed.: Pump Islands East, North, and N/A
South'ElevaBons
(23) The petitioner has submitted a letter of operation stating the service station would be .open 24
hours a day,, 7 days a week withan average, of 2 employees per shift. The carvvash operation
is proposed to operate 24 hours a day, 7 days a week as well. The letter of operationalso
'indicates the petitioner's intent to submit an application to the State Department of Alcohol
Beverage Confrol (ABC) for a Type 20 (off-`sale, beerand wine). license. The petitioner has
Page T
Staff Report to the
Planning Commission
February 24, 2003 '-_
i Item No:' 3
also indicated their intent to purchase an existing license in the vicinity, thus not increasing the
itotal number of licenses in the area. The Commission should note that pursuant with Alcoholic
Beverage Control (ABC) standards, no beer and wine sales are permitted between the hours
of 2 a.m. and 6 a.m.-
ENVIRONMENTAL IMPACT ANALYSIS:
(24) Staff has reviewed the proposal and the Initial Study; (a copy of,whlch 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 Etas considered the proposed Negative Declaration together with any
comments received during thepublic review process and further finding`on the basis of the
Initial Stuoy and any;comments received that there is no substantial evidence that the project
will have a significant effect on the environment.
i GROWTH MANAGEMENT ELEMENT ANALYSIS:
(25) The proposed project has beert reviewed by affected City departments to'determine whether it
'conforms with the City's Growth Management Element adopted by the City Council on March
i17, 1992. (Based on Ciry 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:
(26) :The petitioner requests to rezone a portion of the site from the'County C-1 zone to the CL
'lone. The requested'rezoning would be compatible with the proposed General Plart
designation of General Commercial. Staff feels that he CL zone is compatible with the
.:adjacent commercial uses north, east and south of the site along Brookhurst Street as well as
?the abutting CL (BCC) zone of he remaining (easterly) portion: of the property. Staff believes
'that the existing commercial use (Alberto,`s) and the;proposed "service station would be
bonsistent with the GL zone designation. Therefore,' toff recommends approval of the
'reclassification of the westeriyportion of the subject property to the CL zone.
(27) The non-conforming Alberta's drive-through restaurant located'on the subject site was
approved by the County of Orange and established `in 1989. The Anaheim Zoning,Code
'Yequires a conditional use permit for this,type of business within the CL Zone. As part of this
proposal, the establishment of conformity with current Zoning Code requirements is necessary
for the Alberta's restaurant. The drive-through restaurant operation and signage is'consistent
.'with the approval obtained from the County. Although the property is non-conforming with
'respect to'setback and landscaping adjacent to a residential zone boundary, as well as drive-
' through and drive-up lane requirements, the Alberta's landscaping is well. maintained and the
structures on the property are in good condition. No roof-mounted equipment is readily visible
from the public right-of-way oCnearby residential properties. As part of tfte establishment of
!land use conformity„staff has included conditions of approval for the removal of the: public
:'phone at the front of the property and the installation of three (3) trees cohslstent ih size and
'(type to the proposed'trees forthe new service station, the display of the street address on the
'roof of the building, as well as standard conditions conceming;propertymointenance. Based `
on the curtent operation of the Alberta's restaurant and the proposed conditions included
herein, staff recommends approval of the establishmenk of land use conformity for he non-
conforming drive-through restaurant.
(26) The establishment of a service: station facility with an accessory convenience market and an
`automated carwash'Is allowed. within the CL (BCC) zone subject to approval of a conditional
Page 8
i
Staff Report to the
Planning Commission
'February 24, 2003
Item No. 3
use permit The CL (BCC) zone does not allow the accessory off-premises`sale of beer and
wipe for this'service station. However, the convenience market is proposedon the portion of
the site thafwould not be in the (BCC) Overlay Zone.' Therefore; a conditional use permit for
eccessorybff-premises sale of beer and wine could be approved bn this portion of the site.
(29) Waivers (a} and (b) pertain to the;requiremeht to obtain a conditional use permit for the two
existing non-conforming billboards and to waive provisions of the Zoning Code, including a
provision prohibiting any new use on the property while a nonconforming use exists. Although,
the applicant has Indicated that one of the existing billboards would be removed as part of this
proposal, such removal is not required as a condition of approval for this project. The City is
party to pending litigation on a separate property where a similar situation exists namely, a
billboard without a conditional usepermit. In that case, the City was requiretl to waive the
provisions contained In he Zoning Code requiring thata conditional use permit be obtained for
the billboard or proceed with condemnation end provide compensation to tfte owner.
Consistent with that prior decision, staff is recommendno that the Code provisions Yecairino a
conditional use oermit'be waived Since the last public hearing, the property owner has
submitted copies of building permits issued by the County of Orange for each of the
billboards located on the westerly portion of the site. Upon review of these permits,
staff has concluded that the billboards have valid' building permits.
(30) Waiver (c) pertains to maximum structural height of any building or structure within 150 feet of
a Ingle-family residential zone boundary. Code limits the height of any structure ar building to
one-half the distance of said structure or building to such zone boundary. Plans indicate a 14
foot high carwash building located 10 feet from the residential zone boundary to the south of
the property,:. where a maximum height of 5 feet is allowed by Code. In order to construct a 14
foot high catwash, a setback of 28 feet from the south: properly line would tie required. The
intent of this section, requiring a greater setback from'thesingle=family residential boundary, is
to Insure that a commercial development does not Interfere with the privacy or enjoyment of
the adjacenfsingle-family neighborhood. A survey of the commercial properties to the south of `
the property,indicated that six of the eight properties contain structures that are non-
conforming with respect to building height atljacent to asingle-family residential zone
boundary.,. The property is irregularly-shaped and is 30 feet narrower along`this portion of the
site. Because of the operational'characteristics of the'carwash building antl on-site traffic and
circulation issues, along with the "L" shaped configuration of the property, the petitioner is
limited in locating the'proposed carwash building. Because the strict application of the Code
deprives the subject property of a privilege enjoyed by six of the sight commercial properties to
the south along the west side of'BrookhursFSfreet, and because he subject site is iregular in
shape compared to the other rectangular commercial'properties'surveyed,'staff recommends
approval of the requested waiver:
(31) Staffs efforts in working with the petitioner have beenfocused on establishing a service station
with high quality architectural design that would enhance the visual character of the
intersection`of 8a11 Road and Brookhurst Street and complement the neighboring commercial
uses. Staff also has been working with the'applicant to establish a sign program that would
provide thevisual exposure necessary to maintain a successful business, but would also be
proportionate to the site design and layout proposed. by the petitioner.
Page g
Staff Report to the
Planning Commission
February 24, 2003
item No- 8
w_ r ~ ~
i~ Y
~ b
GY"l.iy ,uvj +~4zy.l
F .^u~ } } 2
~` `' ~-~ f.ir AHI
' ~en„xF { ,.,., X r
.,,, 't -~ ,~_
a
A~~
~ "x -^
t~ }. N v
w~
r..
"`iirr7 ~,-w~ _` . 2 hr~ sµ'~d"'S'~~"t ~~N+ e"?1~+:'~a~ ~ Y ,;
,.: ~ .>~° :~'' .^" r -x. Fri ~.~~ ~ vra..~r~i' , ~,;'r"?,.r~-
,,:Q'~g :: "'" ~.:,, , , ~, r.~r
., .~...,. , "..M. , , , ',~ . ,,, , r, r~; ,,,, 9
Example of high-quality architectural design;details for service station/convenience market
(32) Although staff reaflaes that the revised;proposal has resulted In a design more
'consistent with the'goals and: standards of the community, there are still items of
concern throughout the site where staff believes improvements can be made such as:
That the setback along tha southerly property line be fully landscaped with a
minimum planted width of 10 feet, in compliance with Code.
That the landscaped planter areas proposed along the east elevation of the
convenience market be extended along the entire front of the elevation, with the
exception of the front entryway doors.
Staff also recommends that the roof pitch onahe proposed tower elements be
Increased to provide a more proportionate balance to he convenience market
building.
o Staff is also recommending that the ledge stone treatment be incorpo'ratad into the
4rash receptacles located betareen the pump dispensers since it is not being applied
to the`pump island canopy.
o Incorporation of additional architectural features to define the main entry.:.
Commission should note that the petitioner has expressed a willingness to work with
staff on achieving a high quality project by addressing the design issues identified in
his report. Therefore, staff has added condftions of approval to require final plan
'review and approval.
(33) `.The petitioner has proposed a wooden fence for the enclosure of the vapor recovery
system.' Staff has'received confirmation from the City's: Environmental Services
bivision that the vapor recovery system Is due to be removed within 12-15 months.
Becausa the vapor,reeovery ystem is'due to be removed in a relatively short ime, staff
recommends that a chain link fence with PVC slats be installed ihstead of the wooden
fence. Staff recommends that at suchtime as the vapor recovery system is removed,
that the'chainlink fence be removed and a parking space added as wrell as minor
expansion to thelandscapad area along this new parking space.,
Page,10
Staff Report to the
Planning Commissjon
:`February 24, 2003
Item No3
"No person shall, within the City, create any sound, radiated for extended periods from any
premises'which produces a sound pressure level atany pointon fhe property linein excess of
ixty decibels (Re 00002 Micro6ar) read'on the A-scale of a sound level meter." ' `'
'The applicant has indicated that in addition to noise reduction technology incorporated into the
'design of the cenvash tunnel, an existing'6-foot highblock waltwould be demolished and an 8-
foothigh block watt would be constructed:: Due to these two factors, the`resultantsound
;pressure levels at the south property line would be 51.2 dBA, well below he maximum allowed
by Section 6.70 of tfie Code, and much less than the ambient noise level'of 68 dBA from street
'traffic along Brookhu~st Street and Ball Road. Staff has included a condition of approval
limiting the hours ofoperationbf the carwash from 7:00 a.m, to 7:00 p.m everyday:' Staff
`'recommends that field measurements be taken prior to occupancy of the servicestation to
'confirm compliance with the Code.
(37) The Anaheim Police'Departmentsubmitted a memorandum dated December 10, 2002
(attached); regarding the request for the`proposed service station, car wash, and convenience
'market with off-premises sale and consumption ofbeer and wine. The subject site is located::.
in Reporting District 1919, which has a crime rate of 87 percent below average and is not
within an area of overconcentration. However, reporting districts to the north, east, and west'
(are above the citywide average. Since March 2001, there have been no calls forserviee to
'.this Iocatlon. Although a portion of the subject site is located'within theBrookhurst
Commercial Corridor (BCC)'Overiay zone, which prohibits off-premise sales of alcoholic
i beveragesi (including beer and wine) for markets with an interior floor area of less than 15,001)`
:'square feet, the convenience market is located on the portion of the sitelocated within the
County that would be reclassified to the CL Zone, but would not be within the BCC Overlay
'zone. Although the site is not located in an area of high crime or over-concentration, staff
prepared a Census Tract Map and Reporting District Map for informational oumoses only.
This proposal does not require a determination of Public Convenience or Necessity; however;
because df the proximity of this ite to the! Brookhurst Commercial Corridor and being located;
in a County island, the maps may assist the Commission In evaluating the distribution of ABC'
'licenses in'the vicinity. The Police Department does not oppose this request and has
recommended conditions in the event that this request Is approved.
. FINDINGS:
(38) .When practical difficulties pr unnecessaryhardships result from strict enforcement of the
:'Zoning Code, a modification maybe granted for the`purpose of assuring Ghat no property,
because of special circumstances applicable to it, shall be deprived of privileges commonly
enjoyed by other properties in the same vicinity and zone. The: sole purpose of any. code
'waiver is to prevent discriminatjon and none shall be approvedwhich would have the effect of
granting a special privilege not shared by other similar properties. Therefore, before any code.
'waiver is granted by the Planning Commission, it shall be shown:
(a) That there are special circumstances applicable to the property such as size, shape,
topography, Iocatlon or surroundings, which do not apply to other jdentically zoned
properties in!the vicinity;'and
(b) That strict application of the Zoning Code deprives the property ofprivileges'enjoyed by
other properties under identical zoning class~cetion in`the vicinity:
(39) .Before the Planning Commission grants any conditional use permit, it must make a finding of
'.fact that the evidence presented shows that all of the following'conditions exist:
ja) That the proposed use is properly'one for which a conditional usepermit Is authorized:
by he Zoning Code, br that said use is not listed therein as being a permitted use;
Page 12
Staff Reporfto the
Planning Commission
February 24,:2003
Item No. 3
(b); That the proposed use will not adversely affect the adjoining land uses and the growth
and'developmeht ofthe area in whicfi it is proposed to beildcated,
(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 hot detrimehtal 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 sheets and,highways designed and improved to cant' the traffic in the area;: and
(e) That the granting of the conditional use permik 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 Maheimt
RECOMMENDATION:
(40) Staff recommends that unless additional or contrary information is received"during thel
meeting, and. based upon the evidence submitted to the Planning,Commission, including the
evidence presented in this staff report, and oral and written evidence presented at the public
hearing that the Commission take a following actions:
(a) By motion, aDprOVe the CEQA Negative Declaration.
(b) By resolution, a rove General Plan Amendmeht No. 2002-00407, (to amend the Land
Use Element of the General Pian for the westerly portion of the property designated for
Lowlbensity Residential land use designation to the General Commercial land use
designation) since the proposed designation would be compatible with the zoning
classifications and surrounding IandLSes of adjacent properties, would provide for
appropriate commercial uses near the intersection of two major arterial highways, and
would ensure compliance with the development'standards of the CL'and CL (BCC)
zdnes.
(c) By resolution, aonrove Reclassification No. 2002-00087 (to reclassify the westerly
portion of the from site County C-1 to the CL zone {subject to annexation) since the
requested rezoning would'be consistent with the proposed General .Plan land use
designation of General Commercial and wouldprovide for appropriate commercial uses
near;the intersection of two major arterials, highways and would ensure compliance
with the development standards of the CL (and CL (BCC) Zones.
(d) By motion, aonrove waivers pertaining to (a) Nonconforming Structures and Uses-
General, and (b) Nonconforming Signs and Billboards -General, based on the
following:
(i) That the'waivers are necessary in order to develop the property with the existing
nonconforming billboards consistent with the courtbrder issued by the Orange
County Superior Court pertaining to a similar billboard (Conditional Use Permit
No. 4148 for 601' South Magnolia Avenue).
(e) By motion aonrove waiver,(c) far maximum structural height within 150 feet of'a
residential zone boundary;based anspecial circumstances applicable to the property
such as size, shape, topography, location or surroundings in that the subject property is ``
irregularly shaped and is`30' narrower along the westerly portion of the site.
Additionally, the operational characteristics of the carvvash building and on-site traffic
and circulation safety issues, along with the "L" shaped configurattoh of the subject
' Page 13
Staff Report to the
Planning'Commissjon
'February 24, 2003
item No.`3
property make it difficulC for the petitioner to comply with Code. Because the strict
application of he Code,deprives the subject property of!a privilege. enjoyed by the six of
the(eight commercial properties to the south'along the west side of Brookhi~st Street,
and because the subject site is ircegular in shape compared to the other rectangular
commercial properties surveyed, staff recommends approval of the requested waiver.
(t) ey resolution,'a rove Conditional Use Permit No. 2002-04641 (to establish conformity
with zoning code land use requirements for an existing :drive-through restaurant and to `
permit a service station with accessory car wash and cohvenience market with the
sales of beer and wine for off-premises sales and consumption), based on tfte
following:
(i) That the proposed uses are properly'ones for which a conditional use permit is<
authorized by the Zoning; Code.
(ii) ; That the proposed uses, subject to the conditions recommended herein, would
not adversely affect the adjoining land uses and the growth and development of
the area in which they are proposers to be located, as demonstrated by the
acoustical analysis and the property's proximityto other similar commercial
uses,`and that the size and shape ofthe site forthe 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;generai welfare.
(g) By motion, recommend City Council review items 3c, 3d and 3e of the above-
mentioned entitlements, in conjunction with the mandatory review `of the General Plan
Amendment `
THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS AN;
INTERDEPARTMENTAL COMMITTEE AND`ARE RECOMMENDED FOR ADOPTION BY THE PLANNING'
COMMISSION IN THE EVENT THAT RECLASSIFICATION NO'2002-00087 IS APPROVED.
1. That approval ofl2eclassification No. 2002-00087 is contingent upon approval of Generel Plan
Amendment No. 2002-00407 by the City Council and annexation to the City of Anaheim.
2. That prior to introduction of an ordinance rezoning subject property, a prelim(nary title report shall be
furnished to the Zoning Division showing the legal vesting of title, a legal description and containing a
map df the property.
3. That prior to placement of an ordinance rezoning subject property on'an agenda for City Council
consideration, Condition Nos. 1 and Z above-mentioned, shall be completed. The City Council may
approve or disapprove a zoning ordinance at itsdiscretion.' If the ordinance is disapproved, the
procedure set forth in Anaheim Municipal Code Section 18103.085 shall apply. The provisions or
rights`granted by,this resolution shall become null and void(by action of the Planning Commission
unless' said conditions are completed'within one`'(1) year from the date of this resolution,'or such
further time as the Planning Commission may grant.
4. That approval of this application constitutes approval of the proposed'requestonly to the extent that
it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and
Federal regulations. Approval does not inGude any action'or findings as to compliance oc approval
of the request regarding any other applicable ordinance, regulation dr requirement.
Page 14
Staff Report to the
Planning Commission
February 24,.2003
Item No. 3
THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS` ACTING AS AN
,INTERDEPARTMENTAL COMMITTEE AND ARE'RECOMMENDED FOR ADOPTION BY THE PLANNING
COMMISSION IN THE EVENT THAT CONDITIONAL USE.PERMIT NO.'2002-04641' IS APPROVED.
1. That no advertising of beer or wine shalt be located, placed or attached to any location outside of the
interior of the building and any such advertising sfiall not be visible to anyone outside of the building.
2. That the gross sales of beer and wine shall not exceed thirty-five percent (35%) of all retail sales
during any twelve (12) month'period. The applicant shall maintain records on a quarterly basis
indicating the. separate amounts of sales of beer and wine and other items. These records shall be
made available for inspection; by any City of Anaheim officia(when requested,
3.) That no beer and wine shall be consumed on any property under the control of the epplicanL%
4. That the parking lot bf the premises shall be equipped with decorative lighting of sufficient power to
illuminate and make easily discernible the appearance and conduct of all persons on or about the
parking ot. Lighting in the parking area'of the premises shall be directed, positioned and shielded in
such a;manner so as not to unreasonably illuminate the whdow area of nearby residences. :.Said
fi information shall tie: specifically shown'oh plans submitted for building permits.
5. - That the applicant shall be responsible for maintaining a litter tree area adjacent to the premises over
which he/she has control.
6. That there shall be`ho video electronic, pool tables,: coin-operated games or other amusement
devices`maintained upon the'premisesat any time:
7, That no display of beer or wine shall be located outside of a building or within five (5) feet of any
public entrance to the building.
8. That the area of beer or wine displays shall not exceed 25% of the total display area in the building.
9. That the sale of beer and wine shall be made to customers only when the customer is in the building.
10. That no person undertwenty-one (21) years of age shall sell or be permitted to sell any beep or wine.
11. That beer shall not be sold in packages containing less than a six (6) pack, and that wine coolers
shall notbe sold in packages`containing less than a four (4)'pack.
12. That any public telephones proposed on-site shall be located inside the convenience market and/or
restaurant.
13. That the existing public phone at the northeast comer of the front of the drive-through restaurant.'
shall be7emoved'or moved o within the building. ,
14. That all frash shall be properly contained in trash bins contained withiaapproved trash enclosures.
The number of bins shall be'adequate and the trash pick-up', shall be as frequent'as necessary to
'- ensure he sanitary handling and tlmelyremovaf of refuse from the property. The:Code Enforcement
Divislon`of the Planning Department shall detemtine the need for additional bins or additional pick-
up. Alf costs for increasing,tfie number of bins or frequency of pick-up shall be paid for by tfie
business owner.
15. That no'storage, display or sales of any. merchandise or fixtures shall be permitted outside the
building;
Page 15
'Staff Report to the
Planning Commission
February 24, 2003
Item No 3
16. That at least one (1) sign to'discourage driving a; vehicle while under the influence of drugs or
alcoholic beverages shall be prominently displayed inside the building: for every hree (3) signs
advertising beer or wine; provided, however, that at least two (2) such signs to discourage driving a
vehicle while under the influence of drugs or alcoholic beverages sfiall be prominently displayed
inside the building.
17. That the operator of the service station/convenience market shall participate in, aid and support
educational and other programs intended to reduce driving while under the influence of drugs or
alcoholic beverages.
18. That all provisions of Anaheim Municipal Code Section 18.27.023.020 (as it may be amended from
time to time) pertaining to off-sale of beer and/or wine in service stations shalt be complied with.
19. That ho alcoholicbeverages except beer and wine shall ba sold on the premises.
20. That window signage shall not be permitted for the service station or convenience market.: All
fixtures, displays,. merchandise and other materials shall tie setbacKa minimum'of three (3) feet from
all window areas: Said information sftall be specifically shown on plans submitted for building
permits,
21. That no seating or table areas for the service station/convenience market shall be provided for on-
site food consumption.
22. That during business hours`of the service station/convenience market, separate men's and women's'
restrooms shall be available to the public, and shall be properly supplied and maintained. Said
facilities shall be specifically shown on the plans ubmitted for building permitsc
23. That, in conformance with Anaheim Municipal Code pertaining to removal of closed service stations,
an unsubordinated agreement shall tie recordedwith the Office of the Orange County Recorder
agreeing to remove the service station structures in the event that the station is'closed for a periodof
twelve (12) consecutive months. A service station shall be considered closed during any month in
which'. it is open for less than fifteen (15) days. A copy of the recorded agreement shall be'submitted'
to the Zoning Division.
` 24. That no propane tanks shall be permitted.
26. That three (3) 8 to 10-foot brown trunk height California Fan Palms shall be installed within the
landscaped setback area in front of the drive-through restaurant. Said information shalibe
specifically shown on planssubmitted for building permits.
26, That the plans shall be modified to reflect the minimum code required 10-foot wide landscaped
setback planterarea along he southern propertyline east'of the proposed carwash building. Said
information shalt be specfcally shown on plansisubmitted for building permits.
27. That a chain link fence with PVC slats shall be utilized as the enclosure of he vapor recovery.
system. At such time as the vapor recovery system is removed, he chain link fencing shall
be removed, a new parking space shall be provided per City standard and'a minor expansiod
of the andscaped area along this new space'shall be provided. Said information shall be
specifically shown on the buildingpermits.
28. That the vapor recovery system shall be painted to minimize visibilityand reflection from the public
right-of-way. Tfie condition'of the paint shall be adequately maintained. Sald information shall ba :
specifically shown on the building permits.
`- Page 16
Staff Report to the
`Planning Commission
February 24 2003
item No. 3
29`. That the landscaped planter areas proposed along the east elevation of the convenience market
shall be extended along the entire front of the building elevation, with the exception of the front
entryway doors. Said information shall be specifically shown on plans submitted for building-permits.
30: That the following items shallbe removed from the'signage plan submitted for building permits:
' • Two: (2) sets of tntemally-illuminated cabinet signs located on the east elevation of the
convenience market for food product display.
• Two (2) intemally illuminated cabinet igns located on the north elevation of the
carwash building for foodproduct display.
• One' (1) "carwash entrance" pole sign facing Ball Road. This sign functions as an
advertisement for the carwash rather than a directional sign for carvvash users:
31'c That the design of the monument sign for the service station/convenience market shall be upgraded
by widening the base to an appropriate width proportionate to the height: of the sign, and that a
cornice treatment be added td the monument sign., Final sign plans shall be submitted to the Zoning
Division for review and approval indicating modification inclutled herein: Any decision by the Zoning ',
Division may be appealed to he Planning Commission as a Reports and Recommendations item.
32: That the hours of operation of the canvash facility shall be from 7:00 a.m. to 7:00 p.m. daily and beer
and wine shall noEbe sold between the flours of 2 a.m. to 6 a:m.
33s That sound pressure level field measurements of the carvvash shall be taken on site prior to
operation of the carwash to ensure compliance with the Code.
34`. That there shall be ito exterior audio advertisement of beer and/or wine sales.
35 That a final landscape and irrigation plan for subject property hall be submitted to the Zoning
Division for reviewand approval. All trees shall be'minimum 24-inch box in size. Any decision made
by the Zoning Division regarding said plan may be eppealed to the Planning Commission as a
Reports and Recommendation item. Ail rees shall be properly and professionally. maintained to
ensure mature,'healthy growth and shah not be unseasonably trimmed.
36. That signage for subject facility shall be limited 4o that shown on the exhibits submitted by
`' the petitioner, and as conditioned herein. A comprehensive finat;sign plan shall be submitted
to theZoning Division for review and; approval; prior to issuance of building permits. Any
additional signage shall be subject to approval: by the Planning Commission as a Reports and
Recommendations item.
37. That 4-foot high address numbers shall be displayed on the roof of the new convenience market
building and the existing drive-through restaurant in a wntrasting colorto the roof material The
numbers sha0 not. be visible from the view of the street or adjacent properties. Said information shall
be specifically shovm on plans submitted for building permits:
3t3. That final elevatioq plans for the new construction shall be submitted to the Zoning Division for
review and approval showing modified architectural enhancements incorporated into the project,
including the following:
• That the roof pitch on the proposed flower elements be increased to provide a more
proportionate balance to 4he convenlence'market building.
• That the ledge stone 4reatment be Incorporated Into the trash receptacles located
between the pump dispensers since It is not being applied to the pump,island canopy.
Page 17
Staff Report to the
Planning.Commission
February 24, 2003
Item No. 3
Incorporation of additional architectural features to deFne the main entry.
Any decision by the Zoning bivision maybe appealed to the Planning'Commission as a Reports and
Recommendations item.
39. That as required by the Public Works Department, Streets end Sanitation Division, all necessary
National Pollution Discharge and Elimination System (N.PiD.E.S.) permits shallibe obtained.
40. That within ninety (90) days'from the date of this'resolution: the developer shall submit a Remedial
Action`Plan to the Public Utilities Department, Envtronmenfand Safety Division'for review and
approval. Within ninety (90) days of receipt of approval of the Remedial Action Plan, the developer :
shall implement'said Remedial Action?Plan to the satisfaction of the Public Utilities Department,
Environment and Safety Division.
41. That the location'of any above-groundexhaust vents in conjunction with this service station facility
shall tie shown on plans submitted for building permits so'as to be out of the required setback area
and as least noticeable from public view as possible. Plans shall also' identify the specific treatment
of each vent (i.e: landscape screening, color of'vents, materials, etcJ and shalFbe subject to the
review and approval by the Zoning Division.
42. That the existing. street improvements!along Balf Road and Brookhurst Street sfiall be removed and
full street improvements constructed at the ultimate location. That prior to issuance of a building
permit, street improvemenfplans shall be submitted to the Subdivision Section end a performance
bond in an amount approved by the City Engineer and form approved.: by the City Attomey'shall be
posted with the City of Anaheim. The',improvements shalllbe constructed prior to final building and
zoning inspections.
43. That the legal property owner shall submit an unsubordinated covenant to hold the two (2) parcels
for the development as a single parcel and in a form satisfactory to the City Attorney, shallibe
recorded with the Office ofthe Orange County Recorder. A copy of the recorded covenant shall then
be submitted to the Zoning Division. Provisions shall be made in the covenant to guarantee that thee.'.
entire°complex shall be managed and maintained as one (1) integral'parcel forpurposes of parking,
vehicular circulation, signage, maintenance, land usage and architectural control, and that the
covenant shall be referenced in ail deeds transferring all ar'any part of the interest in the property.
44. That prior to the operation of this newbusfness, a valid business license shall be obtained from the
City of AnaheimBusiness'Cicense Division of the Finance"Department.
45. That the legal owner of the subject property shall provide the City of Anaheim with a five (5) foot wide
public utilities easement along the path from the system point of connection to pad mounted
equipment and an 18' x 25"easement for the transformer prior to connection of electrical service.
46. That 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 shalf$e specifically shown!on plans submitted for building permits.
A7. That any required relocation of City electrical facilities shall be at the developer's expense.'
Landscape and/or hardscape screening of ail pad-mounted equipment shall be required and shall tie
shown on plans`submitted for building permits.
48. 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., shah be shown':
on plans submitted for building permits. Plans shall also identify the'specificscreening treatmentsof
' Page J 8
Staff Report o the
Planning Commission
February 24 2003
Item No. 3
each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.) and
shall be subject to ttie review and approval of the appropriate'Citydeyartments.
49. That all backflow equipment shall be located above ground outside of the street setback area. in a
manner fully screened from alf public streets. Any backflow assemblies currently installed in a vault
i shall beorought up to curzent standards: Any other' large water system equipment shall be installed
'< to the satisfaction of the Water Engineering Division in either underground vaults or outside of the
street setback areas in a manner fully screened from all putilic streets and alleys.: Said information
shall be'shown on plans and approved by Water Engineering and Cross Connection Control
Inspectorbefore submittal focbuilding permits.
50i' That since this project has landscaping area exceeding 2,500 quare feet, a separate irrigation meter
shall be installed and shall comply with, City Ordinance No. b349 and Chapter 10.19 of the Anaheim
Municipal Code. Said information shalt be shown on plans submitted for building permits.
511 That trash storage areas shall be provided and maintained in a location acceptable to the Public
Works Department;' Streets and Sanitation Division and in accordance with approved plans on file
with saidi Department. Said storage areas shall be designed;. located and screened so as not to be
readily identifiable from adjacent streets or highways. The walls of the storage areas shall be
protected from graffiti opportunities by the use of plant materials such as minimum 1-gallon size
clinging vines planted on maximum 3-foot centers or tall shrubbery. Said information shall be
-; specifically shownon the plans submittetl for building permits:
57 That a plan sheet for solid waste storage, collection and a plan for recycling shall be submitted to the
Public Works Department, Streets and'!Sanitatior Division forreview and approval;
53: 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.
54: That all requests for new water services or fire lines, as well as any modifications,: relocations, or
abandonment of existing water services'end fire lines, shall be coordinated through Water
Engineering Division of the Anaheim Public Utilities Department.
55. That ail existing water services and fire lines shall conform to curzent Water Services Standards and
Specifications. Any water service and/or fire line that does not meet current standards shall be
upgraded if continued use if necessary,or abandoned if the existing service is no longer needed.
The owner/developer shall be responsible for the costs to upgrade or abandon any water service or
fire line. `
56. That plans shall be ubmitted to the City Traffic and Transportation Manager for his review and
approval in conformance with`the current version: of Engineering Standard Plan Nos. 436 and
601/602; pertaining to parking: standards and driveway locetion. Subject property shall thereupon be
developed and maintained in'conformance with said plans.
57. That the driveways on Ball Road and Brookhurst Street shall be constructed with fen (10) foot radius
curb returns as required by the City Engineer in conformance with Engineering Standard Nol 137.
Said information shall be specifically shoum on the building permits.
58. That plans shall be submitted to the City Traffic and Transportation Manager for his review and
approval in conformance with the current version'of Engineering Standard Plan No. 137 pertaining to
sight distance visibility for the new monument sign. location.
59. That the owner/developer shall complete the BurglarylRobbery Alarm permit application, Form APD
516.
Page 19
Staff Report to the
Planning Commission
February 24, 2003
item No: 3
60. That this Conditional Use Permit is granted subject to adoption of a zoning ordinance in connection
with Reclassification No:' 2002-00087 and annexation to the City of Anaheim.
61. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the:: City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1-11;, and as conditioned,herein, with the following signege to be
removed:
® Two (2) sets of intemally-illuminated cabinet igns located on the east elevation of the
convenience market for food product display.
Two (2) internally illuminated catiinet signslbcated on the north elevation of;the
carwash building for food producFdisplay.
a One (1) "carwash entrance" pole sign facing; Ball Rpad• This sign functions' as an
advertisement for the carwash rather than a directional sign for carwash users.
62. That the legal property owner shall submit a letter requesting termination of: Conditional Use Permit:
No`2000-04256((to construct a new service station with a'convenience market and waiver of
required landscaping adjacent to interior site boundary lines); Conditional Use Permit No.'3932 (to
permit he expansion of an existing service station to include a convenience market with retail sales
of beer and wine for off-premises consumption at 1201 South Brookhurst Street); and Conditional
Use PermU No. 638 (to permit an existing service station within 75 feet of an R-1 Zone).
63. That on-site landscaping including trees shall be`maintained in a healthy condition. In the'event the
landscaping become damaged, diseased or dies, it shallbe replaced`in a timely'manner.
64. That the maximum height of the service station canopy shall be 15.5 feet to the`underside; and 19.5`
feet to the top of he canopy. Said information shall be specifically shown on plans submitted for
building permits.l
65. That prior to issuance of a building permit, or within a period of one (1) year from the date' of this
resolution, whichever occurs first, Condition Nos; 4, 20, 22 23, 25, 26, 27, 28,;29, 30, 31,35, 36, 37
38, 3t) 41, 42, 43, 45, 46,.47, 48, 49;:50, 51, 52, 56, 57,`58, 60, 62, and 64, above-mentioned, shall
be complied with: Extensions for further time to complete eaid conditions may 6e granted in
accordance wlth'Section 18.03.090 of the Anaheim Municipal Code.
66. That prior to finalbuilding and zoning inspections, Condition No. 16, 33, 44, 59, and 61,
above=mentioned, shall be complied with.
67. 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 20
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ATTACHMENT- ITEM N0. 3
IYI ~ IYI ® ~ hi
City of Anaheim
POLICE DEPARTMENT
DATE: December 10, 2002
TO: John Ramirez ,
Planning Department
FROM: Sergeant Thomas J. Smith
Vice Detail
SUBJECT: Prefile 2002-04530
Arco AM/PM
1201 South Brookhurst Street
Anaheim, CA 92804
The Police Department received an I.D.C. Route Sheet for Conditional Use Permit 2002-04530.
This applicant is applying for off premise sales of beer and wine in conjunction with a service
station, car wash and convenience market.
The location is within Reporting District 1919, which has a crime rate of 87 percent below
average. It is also within census tract 877.03, which has a population of 6,194. This population
allows for seven on sale Alcoholic Beverage Control Licenses and there is presently one license
in this tract. This population allows for four off sale Alcoholic Beverage Control Licenses and
there is presently one license in this tract
The census tract boundaries are:
North Ball Road
South Katella Avenue
East Brookhurst Streek
West Gilbert Street
Off sale licenses in the applicant's census tract:
1701 S. Brookhurst Street H & C Liquor
On sale licenses in the applicant's census tract:
1233 S. Brookhurst Street Tropicana
Memorandum
John Ramirez
CUP 2002-04530 Arco AM/PM
Page two
The census tracts (see attached for addresses) surrounding this location are as follows:.
north - 877.01
on-sale allowed 6/active 10/pending 1
population 4,882
off-sale allowed 3/active 3
south -City of Garden Grove
west - 878.06
on-sale allowed 6/active 4
population 5,407
off-sale allowed 4/active 7/3 pending
east - 877.04
on-sale allowed 5/active 2
south/east -City of Garden Grove
population 4,734
off-sale allowed 3/active 2
south/west -City of Garden Grove
north/west - 870.02
on-sale allowed 8/active 4
population 6,714
off-sale allowed 5/active 5
north/east - 871.03
on-sale allowed 9/active 7
population 7,631
off-sale allowed 5/active 7/ pending 1
Since March 2001 there have been nc calls for service to this location.
The Reporting District to the north of this location is 1819 with a crime rate of 47 percent above
average. The Reporting District to the south is 2019 with a crime rate of 65 percent below
average. The Reporting District to the east is 1920 with a crime rate of 40 percent above
average. The .Reporting District to the west is 1918 and has a crime rate of 6 percent above
average.
The Anaheim Police Department does not oppose this request provided the following conditions
are placed on the Conditional Use Permit:
1) No advertising of beer or wine shall be located, placed or attached to any location
outside of the interior of the building and any such advertising shall not be visible.
to anyone outside of the building.
2) The gross sales of alcoholic beverages shall not exceed thirty-five percent (35%)
of all retail sales during any twelve (12) month period. The applicant shall maintain
records on a quarterly basis indicating the separate amounts of sales of alcoholic
beverages and other items. These records shall be made available for inspection
by any City of Anaheim official when requested.
Memorandum
Mr. John Ramirez
CUP 2002-04530 Arco AM/PM
.............
Page three
3) No alcoholic beverages shall be consumed on any property under the control of
the applicant.
4) The parking lot of the premise shall be equipped with lighting of sufficient power to
illuminate and make easily discernible the appearance and conduct of all persons
on or about the parking lot.
5) Lighting in the parking area of the premise shall be directed, positioned and
shielded in such a manner so as not to unreasonably illuminate the window area of
nearby residences.
6) The applicant shall be responsible for maintaining a litter free area adjacent to the
premise over which he/she has control.
7) There shall be no pool tables or coin-operated games maintained upon the
premise at any time.
8) No display of beer or wine shall be located outside of a building or within five (5)
feet of any public entrance to the building.
9) The area of beer or wine displays shall not exceed 25% of the total display area in
a building.
10) Sale of alcoholic beverages shall be made to customers only when the customer is
in the building.
11) No person undertwenty-one (21) years of age shall sell or be permitted to sell any
beer or wine.
12) That beer shall not be sold in packages containing less than a six (6) pack, and
that wine coolers shall not be sold in packages containing less than a four (4)
pack.
Please contact me at extension 1451 if you require further information.
f:Uiomeltgovemale~2002-04530-a Arco AM PM.doc
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ATTACHttENT - ITEM N0. 3 SECTION 4
PETITIONER'S STATEMENT OF
JUSTIFICATION FOR VARIANCE/CODE WAIVER
(NOT REQUIRED FOR PARKING WAIVER)..
REQUEST FOR WAIVER OF CODE SECTION: 18.44..062.011
(A separate statement is required for each Code waiver)
PERTAINING TO: Car Wash Tunnel Setback
Sections 18.03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver may be
granted by the Zoning Administrator or Planning Commission, the following shall be shown:
'. 1. That there are special circumstances applicable to the property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical zoning classification in the vicinity; and
2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges
enjoyed by other property under identical zoning classification in the vicinity..
In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to
arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully
and as completely as possible. Ifyou need additional space, you may attach additional pages.
L Are there special circumstances that apply to the propertyin matters such assize, shape, topography, location or
surroundings? ~ Yes _ No.
If your answer is"Yes,"describe the special circumstances: The proposed ARCO project includes
expanding the original ARCO site The existine ARCO property at th o n r.";c
within the City of Anaheim's jurisdiction The ARCO property and'a'leased portion
See Attachment
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? _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? _Yes gNo
If your answer if "yes," describe the special circumstances:
4. Were the special circumstances created by causes beyond the control of the property owner (or previous properly
owners)? _Yes ~ No
EXPLAIN RacaA nn rn,r_ s~••a; ~ the gattern of how sound'
t v t w'tl meet the sound ordinance
The sole purpose of any variance or Code "ver shall be to prevent discrimination, and no variance or Code waiver shall be
ap ed wh' h would h e t e effect of a ling a special privilege not shazed by other property in the same vicinity and zone
w is is no o erw' a sly authoriz b zone regulations governing subject property. Use variances are not permitted.
- ~~ ,,~ov
Signature of Property Owner or Authorize Agent Date
CONDITIONAL USE PERMITNARIANCE NO:
DECEMBER 12, 2000
CUP PJO. 202 - 0 4 b li 1
JtI:IION 3
(S) STATEMENT OF JUSTIFICATION: IS..rt CONDITIONAL USE PERMITI: The Zoning., .ninistrator and Planning Commission
are required bylaw to make a "Finding of Fact" justifying the granting of a Conditional Use Permit. The granting of this request is
dependent upon proof that all conditions have been met based on your answers to the following:
A. Indicate how the proposed use will not adversely affect the adjoining land uses or the growth and development of the area
and how the site proposed for the use is adequate to allow the full development of the proposed use in a manner not
detrimental to the particular area nor to the peace, health, safety and general welfare of the surrounding community; (Attach
additional sheets if necessary).
The proposed use will not adversely affect the adioinine land usPS or the orowth and
development of the surrounding areas. The proposed use of a by/ARCO am/pm mini-market
and self-serve Qasoline canopy and carwash is allowed within the zoning of this property.
(see attachment -Statement of Justification Responses)
B. Indicate how the traffic generated by the proposed use will not impose ah undue burden upon the streets and highways in the
area and how the granting of this Conditional Use Permit under conditions imposed will not be detrimental to the peace,
health, safety and general welfare of the citizens of the City of Anaheim. (Attach additional sheets if necessary).
The proposed use will not place an undue burden on the streets and hivhwavs in this area,
as a use of this type is considered a passerby use and is not considered an end
destination trip generator The p~jec 's onsite i la ion an de typed driya accesses
will effectively move or transition the traffic on and off the site.
VARIANCEI: The Zoning Administrator and Planning Commission, when considering a Code Waiver or a Variance, are required by
the Anaheim Municipaf Code to make findings that there are special circumstances applicable and specific to the subject property,
including size, shape, topography, location or surtoundings, which do not apply to other properties under identical zone classification
within the immediate vicinity; and that because of such special circumstances, the strict interpretation and application of the zoning
code would deprive the subject property of privileges otherwise enjoyed by other properties under identical zone classification,
circumstances and vicinity. In order to determine if the property qualifies for the granting of a Variance, the questions contained on the
attached JUSTIFICATION FOR WAIVER form must be answered completely and thoroughly. A separate Justification for Variance
or Code Waiver form {Section 4) must be completed for each code waiver requested. The burden of proof establishing
justification for any waiver is upon the Petitioner.
'A Variance is referred to as a Code Waiver when requested in conjunction with a Conditipnal Use Permit
The above JUSTIFICATION FOR VARIANCE OR CODE WAIVER is NOT required for Parking Waivers. Findings for Parking
Waivers are different and must be justified by a Parkins Demand Study reviewed and approved by the City's Traffic Engineering
Division prior to submittal of the Variance application. The required findings are listed in Section 4, Page 2.
NEXT MEETING
JAN 1 3 2003
CITY PLANNING
COMMISSION
.~
Nay 20~
aecetveo N
ZONING w
DIVISIOIVrd/
I HEREBY CERTIFY that the foregoing Petition and application for Conditional Use Permit or Variance (Section 2) have been reviewed
by me and have been found to be complete and acceptable to be set for public hearing before the Anaheim City Zoning Administrator
or Planning Commission.
BY
Plan ing Department, S ff Signature)
DATE D y
Approved by Motion of the Planning Commission
on November 6, 2000
2
PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER
ATTACHMENT
1. Are there special circumstances that apply to the property in matters such as size, shape,
topography, location, or surrounding? Yes.
...of [he adjacent properky directly west, within Orange County's jurisdiction, make up the
site area. There is to be a lease line drawn between the additional land in the covenant to
hold parcel as single property. The ARCO am/pm is to be developed on the portion of
property formerly occupied by a pawn shop. The car wash location is proposed on the
concept plan based upon several considerations including providing far the overall best and
safest circulation for vehicular and pedestrian traffic and adequate vehicle queuing upon
entrance and exit of the car wash tunnel. Due to the size and shape of the property at the
proposed location of the car wash, we are seeking a waiver to allow the car wash structure to
be placed closer to the interior property line, and less distance than the required setback.
Based upon data provided by Colia Acoustical Consultants, the dryer equipment proposed,
and the noise shielding provided by the concrete block wall will more than adequately meet
the City of Anaheim's noise ordinance 2526 exterior noise limits, section 6.70.010, which
states "No person shall within the city, create any sound, radiated for extended periods from
any premise which produces a sound pressure level at any point on the property line in
excess of sixty (60) decibels read on the A-weighted scale of sound level meter". Please refer
to the attached acoustical study.
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Conditional Use Permit No. 2002-04653
Requested By: JUNE NOORDMAN
ROME AVE
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T~uP 2001-06492 I I
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EDEN ROC
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RCL fi857-28
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vn0 006
(READVERTISED) ~,r SubjectProperty
Date: February 24, 2003
Scale: 1" = 200'
Q.S. No. 6
REQUEST TO EXPAND AN EXISTING PRE-SCHOOL AND CONSTRUCT AN ADDITIONAL
CLASSROOM AREA
WITH WAIVERS OF: (A) INSTITUTIONAL USES ADJACENT TO A RESIDENTIAL ZONE BOUNDARY
(B) MINIMUM NUMBER OF PARKING SPACES
(C) MINIMUM SIDEYARD SETBACK
848, 900 and 906 South Knott Avenue
597
Staff Report to the
Planning Commission
February 24, 2003
Item No. 4
4a. CEQA NEGATIVE DECLARATION (READVERTISEDI (Motion)
4b. WAIVER OF CODE REQUIREMENT (Motion)
4b. CONDITIONAL USE PERMIT N0.2002-04653 (Resolution)
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 bf 210 feet, and is 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'.120 to expand an existing pre-school and construct additional classroom
area with waiver of the following:!.
(a) SECTION NO. 18.04.042.020 :Setback for an institutional use adjacent to a
residential zonetioundarv.
(15 feeYrequired; 0 to 9 feet existing and
:proposed}
(b) SECTION NOS. 18.06.050.0264 'Minimum number ofbarking spaces.
AND 18.21'.066.010 ;i (19 spaces required;,11 proposed and
:recommended by the City Traffic and
:Transportation Manager).
(c) SECTION NO. 18.21.063.020 Minimum side vard setback.
10 feet required; 5 feet proposed).
BACKGROUND::
(3) This item was continued from the February 10, 2003, :Planning Commission meeting in
order to advertise a waiver pertaining to required side. yard setback.
(4) These properties are developed'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 Element Map
designates'the properties for Low Density' Residential land uses.
(5) Surrounding land uses are as follows:
Direction
North.` Land Use
:Sin Ie.Famil Residences: . Zonin -
RM-3000 Gerierai PIan.Desi nationi
Low Densi Residential
East ~ Sin le' Famil :Residences` RS-5000 Low Densi .Residential
South ! Dental`Office RS-A-43,000 Low..Densi Residential
West (across Knon
Avenue) Apartments.. & Self-
!' Stora e` RM-1200 & CL Medium Density,Residential
and GeneraLCommercial
Sr8558vn
Page 1
Staff Report to the!.
Planning Commission
February 24, 2003'
Item No 4
PREVIOUS ZONING ACTIONS:
(6) The following zoning actions pertain to this property:
(a) Conditional Use Permit: No. 3726 (to permifa child day. care facility for up to 60
children witfiwaiver ofpermitted"encroachment into required front yard) was
approved by,the Commission on May 15, 1995 (848 and 900 South KnottAvenue).
(b) Conditional Use Permit No. 1943'(to permit apre-school) was approved by the
Planning Commission on February 26, 19791
(c) Variance No 1768 (to waive minimum lot area) was approved bythe Planning
Commission`on February 28, ;1966 (848, 900, 906 South Knott Avenue).
PROPOSAL:
(7) The petitioner proposes to expand an ezistingyre-school/day care facility to include a
+ 1,008 square foot dayroom, to demolisfi'an existing storage building of 900 S. Knott
Avenue'and to utilize lot areaof an adjacent existing residence at 90ti' S. Knott Avenue for
employee parking'and schoo6amenities The expansion would allow the preschool
children to occupy the new building wfiile the school-aged children would use the'existing
classroom area. No increase in the number of students is proposed.
(8) ?The site plan (Exhibit No. 1) indicates three existing, contiguous buildings on separate lots '
that include two residences and two garages, apreschool/day care building, swimming
pool, outdoor playground area and 11 parking spaces. The'2,314 square foot, single-
story, pre-school/day care building has;perimeter fencing consisting of6-foot high'solid
walls on the north, east and south property lines.
(9) The site plan indicates the following existing setbacks to adjacent properties for the
existing pre-school/day care facility and'associated residences:
Direction ! Existing Code-Requiretl` Adjacent
Setbacks Setbacks Zonin
North (adjacent to
7esidences- 648 S. 9 feet 15-foot wide RM-3000
.Knott Avenue landsca ed buffer
East (adjacent to
residences-848, 900 & 49 to 121 feet.- 15-foot wide RS-7200
906 S. Knott Avenue landsca ed buffer
South (adjacent to
office building - 906 S 6 feet 15-foot wide RS-A-43,000
':Knott Avenue landsca ed buffer
:West (848,:::900 & 906
S. Knott Avenue) 32 feet 25-foot wide ' N/A
adjacent to' Knott landscaped
Avenue
(10) j The floor plan (Exhibit No. 2)!indicates the proposed expansion area consists of a day
room, two restrooms and a handicap access ramp leading into the building. The existing
preschool/day care facility consists of 3 children's rooms, two offices, a kitchen and nook
area and two restrooms. Floor plans were not submitted for the adjacent residences at
Page 2`
Staff Report to the
'Planning Commission:
February 24, 2003
Item No. 4
846 and 906 South Knott Avenue. The interiors of these residences will continue to be
used as residences and are not'utilized in conjunction with the school.
(11) Vehicular access is provided via asemi-circular drive traversing the two northerly
:.properties (848 and 900 South:Knott Avenue). The vehicle drop-off/pick up area is located
iin front of the existingschool at 900 South Knott Avenue. Plans4further indicate that
employee parking is ocated on both adjacent single-family properties withll parking
" .`spaces, including one: (1) handicapped parking space are provided. Code requires 19
'parking spaces based on the following:
Buiidin Use Re wired Parkin
4 parking spaces >
848 S. Knott Avenue Residence 2 covered
4 parking spaces
906 S. Knott Avenue Residence 2 covered
:1/10 children `= 60 children
900 S. Knott Avenue Preschool/"Day care i (6 spaces)
Facility 1 space peremployee'
(4 spaces)
1 dro -offs ace
TOTAL 19 arkih s aces;
Staff Report to the
Planning Commission
February 24, 2003
Item No. 4
{13) A 4-foot wide landscape planter consisting of palms, shrubs and groundcover is currently
located:in front of he pre-school property. No additional Iandscaping;is proposetl.
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West building elevation/Front of school
(14) Sign plans were not submitted as a part of this request. Photographs and a site inspection'
indicate one existing wall sign on the front facade of 900 South Knott Avenue. No
freestanding signage is existing or proposed.
(15) ;The letter of operation indicates facility hours from"6:00 a.m. to 6:00 p.m., Monday through
i Friday, with 4 staff:members;(currentty);and a maximum of 60 children,: ftom 2 to 12 years
old. The petitioner'indicates the proposed expansion would allow a separate building and
playground area for the pre-school chfld~en. Commission should note that the employees
of the business live in the residences ak848 and 906 South'Knott Avenue.
ENVIRONMENTAL IMPACT ANALYSIS:
(16) ,Staff has reviewed;the proposal to expand an existing preschool/daycare center to
construct additional classroom area and the Iniflal' Study (a copy of which is available for
review in the Planning Department) and'finds no sgn~cant environmehtal impactiand,
therefore, recommends that a Negative Declaration be approved upon'a finding by the
Planning Commission that the Negative!Declaration reflects the independentjudgment of
the lead. agency; and that it has considered the proposed Negative Declaration together
with any'comments received during the public review process and further finding'on the
basis of the Initial'Study and any comments received that there is no substantial evidence
that the: project wilt have a significant effect on the environment.
Page 4
Staff Report to the
Planning Commission
`February 2A, 2003
Item No.4!'
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 March 17,:.1992. Based on Cltystaff review of the proposed project, it has been
determined+fhat this project does not fit within the scope necessary to require a Growth
Management Elementanalysis,wherefore, no analysishas been`performed.
EVALUATION:
(18) Apre-school/day care facility is permitted within the RS-A-43,000 Zone subject to the
approval of a conditional use permit. This request is for the expansion ofia previously
'`approved pre-school/day care facility.
(19) Currently, this family-owned and operated pre-school/day care facility functions by utilizing
900 Soutfi'tCnoU Avenue as the school andplayground area in conjunction with 848 South
Knott Avenue for parking and additional contiguous playground area. Since approval. in
1994, the facility has expanded to include the residence at 906 South Knott Avenue, which
.provides employee parking, and'a wading and swimming pooL'Because this is a family
operated facility, both'tesidences utilized in conjunction with thisschool are also occupied
by two employees.
(20) Waiver (a) pertains tolminimum structural setback for an institutional use adjacent to a
residential zone bountlary. Properties to the north, east and south are zoned residential.
Code requires a setback of 15 feet adjacent to the north (RM-3000), east (RS-5000)'and
south (RS-A-43,000) property Imes. Currently, a 9-foot wide setback exists adjacent to the
north property line, 49 to 121 feet along the east property line and 6 feet along the south
.property line, The petitioner proposes continued use of the rear,yard areas of all three lots
(playground and swimming pool) without provfding a 15-foot wide landscape setback. In
!'addition, because these buildings are on separate lots, the minimum structural setback of
an institutional use adjacent to a residential zone also applies to'the interior propertylot
wines of the residences that are used in conjunction with the pre-school/day care facility.
The new classroom is proposed to be located 5-feet from the south property line (adjacent
to 906 South Knott Avenue). Code requires a 15-foot wide landscaped setback.
(21) The petitioner has submitted the attached $tatemenf bf Justification form indicating that the
physical limitations of the site negatively impact the full use of this Institutional use in a
residential zone and further thatthese lots`were originally granted a waiver of the required
minimum lot standards in ordefto develop! Because these properties are util'¢ed as an
integrated facility and the cansWction of the new building would not contribute to the
existing non-conformity pertaining to the requested waiver, staff suooorts the requested
waiver since there would be no additional"Impacts on adjacent residentialproperties.
(22) Waiver (b) pertains to minimum'number of parking spaces, Code requires a minimum of 19
parking spaces and 11 are proposed including 1 hahdicapped'parking space. The. City
Traffic and Transportation Manager has reviewed the site plan and the petitioner's letter of
operation and has determined that 11 on-site parking spaces would be adequate to
accommodate this pre-schooUchildcare facility,. and therefore recommends approval of the
' waiver.
Page 5
Staff Report to the
Planning Commission
February 24, 2003
Item No:'4
(d) That the waiver; under the bonditions imposed, if any, will not increase traffic
congestion within the off-street parking areas or lots provided for such use; aril
(e) That the waiver, under the conditions imposed, ifany, will not impede vehicular ingress
to or egress from adjacenfproperties upon the public streets in the immediatebicinity of
the proposed use.
Unless conditions to the contrary are expressly imposed upon the granting of any waiver
pursuant to this Section by the Planning Commission or City Council, the'granting of any
such waiver' shall be deemed contingent upon operation of such use in conformance with
the assumptions relating to the operation and intensity of the use as contained in the parking
demand study that formed the basis for approval of said waiver: Exceeding, violating,
intensifying or otherwise deviating from any of said assumptions as contained in theparking
demand study shall be deemetl a violation: of the express conditions Imposed upon: said
waiver which shall subject said waiver to termination or modification pursuant to the
provisions'of Sections 18.03.091 and 18:03.092 of this Code.
(28) When practical difficulties or uhhecessary 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, sftail be deprived of privileges commonly
'enjoyed by other properties in the same vicinity and zone. Theisole purpose of any code
:waiver is to prevent discrimination and none shall bei approved which would have the effect
of granting a special privilege not shared by other similar properties. Therefore, before any
code waiver is granted by the Commission, it shall tie shown:
(a) That there are special circumstances applicable to the property such assize shape,
topography, location or urroundings, which do not apply to other identically zoned
properties in the vicinity; and
(b) That strict application of the Zoning Code deprives theproperty of privileges enjoyed
by,other properties under identical zoning classification in the vicinity.
(29) Before the Planning Commission grants any Conditional Use Permit, it must make a finding
of fact that the evidence presented shows that all of the following conditions exist:
,(a) That the proposed use,is properly,one for which a Conditional Use Permit is
authorized by the Zoning Code, or that said use is not listed therein as being a
permitted use;
(b) That the proposed use would 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 would not impose;an undue burden
upon the streets and Frighways`designed and improved to carry ire traffic in the
area; and
(e) That the granting of the conditional use permit under the conditions imposed, ifany, ,
would not be deVimental to the peace, health, safety and general welfare of the
citizens of the City of Anaheim.
Page 13
Staff Report to the
Planning. Commissioh
February 24; 2003
Item No. 4
i
RECOMMENDATION:
(30) Staff recommends that unless additional or contrary information is received during the
meeting, and based upon the evidence submitted to the Planning`Commission, including the
evidence presented in this staff report, and oral and written evidence presented at the public
hearing that Planning Commission: take the following actions:
(a)`` By motion, approve a CEQA Negative Declaration.
(b) By motion, approve waivers (a) pertaining to setback for an institutional use !
adjacent to e'residentfal zone boundary and (c)'pertafning to minimum side yard
setback based on the following:
(i) :That because this pre-school/daycare facility operates on three separate lots
the setback requirements specific to the interior of lines are not essential for
buffering the institutional use from these indivldualproperties. Further, no
additional impacts are being'mposed on residential properties to the east by
the construction of the new,daycare building.
(ii) That there are special circumstances applicable to these properties due to
'- thelot cdnfiguretiens being smaller and narrower than otheridentically zoned
i, properties in the vicinity.
(c) By motion, approve waiver (b) pertaining to minimum number of parking spaces
.based on the following:
(1) That the City Traffic and Transportation. Manger tins determined that the
number;of parking spaces,provided would be adequate to accommodate all
vehicles attributable to suchuses under the normal and reasonably
foreseeable conditions of operation,
(li) ; That due to a sufficient amount of on-site parkingbeing provided, the waiver
would increase he demand'and competition forparking spaces upon;the
public streets, or :upon adjacent private property,. in the Immediate vicinity of
the proposed uses.
(iii) That the waiver would not impede vehicular ingress to or egress from :
adjacent properties upon the public streets in the immediate vicinity of the
facility.::.
(d) By resolution, approve Conditional Use Permit No. 2002-04653 (to expand an
existing preschool and'construct additional classroom area) based on the following:
(i) That apre-schooVday care center is a proper land use for which a conditional
use permit is auttiorized by the Zoning Code.
(ii) That the proposed expansion of the pre-school/day care center would not
adversely affect the adjoining residential, office and retail land uses nor
restrict a 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 proposed expansion of an existing
pre-scftool/day care facility,and is adequate to allow the full development of
the proposed use in a manner not detrimental to the particular area nor to the
Page 9
Staff Report to the :
Planning Commission
February 24, 2003:'
Item No 4
peace, health, safety, and general welfare. Additfonally,'noexyansion of
outdoor uses/playground areas is proposed and therefore; the proposal will
not increase Impacts to adjacent residents.
(iv) That the traffic generated by the proposed use would not impose'an'undue
burden upon the'streets and highways designed and improved to carry traffic '
in the area. The expansion of the pre-school/day care center has adequate
parking and the required drop-off area for children.
(v) That the granting of the conditional use permit under the conditions .imposed,
would not be detrimental to the peace, health, safety and general welfare of
the citizens of the City of Anaheim.
;'(e) Staff further recommends that the Commission incorporate the conditions of
:approval contained im Resolution Nos. PC79-44 ahdPC95-54 into a new resolution
with the following conditions of approval (Condition Nos. 4, 6, 7 9', 11, 12 are new
conditions): !;
1. That the hours of operation, as stipulated, by the petitioner, shall be the same as the original
approval for the'existing private scftool and daycare facility (Conditional Use'Permit No: 3726)
and limited from'6:00 a.m:'to 6:00 p.m. Monday through Friday.
2. That the private school and day care' facility, both existing'and expanded, shall'not exceed 60
children on-site`at any time.
3, > That no required parking area shall tie fenced or otherwise enclosed'for outdoor storage`uses.
4. That a minimum: of 11 parking spaces (including one (1) handicapped space) shall be provided,
on-site at all times, in conformance with minimum code requirements.
5. That no compact parking spaces shall be permitted.
6. That a licensed architect shall prepare plans meeting the requirement of the 2001 Califomia
Building Code for the newbullding intended for."E-3" (education) occupancy. f Said information
shalt be specifically shownton the plans submitted for building permits.
T. ' That per CBC Table 5A of the 2001 Califomia Code, the existing and the new addition sfiall be
provitled with one-hour exterior walCwithin 10 feet from the property line. In addition, all openings
withirrt 10 feet must be protected. A'30-inch high parapetishall also be required along the south
side of the property. Said' nformation shall be specifically shown on a plans submitted to the
building permits:
8. That the proposed addition shall comply with the State's Title 25 handicap accessibility
requirements for parking,: path of travel, resfrooms and etc. Said information shall be specifically ;
shown on the plans submitted for building permits.
9. That the developer shall submit a Water Quality Management Plan (WQMP) specifically,.
identifying the post construction besf management practices that wilt be used'on-site to control
predictable pollutants from storm water runoff. ,The WQMP shall be submitted to the Public Work
Department, DevelopmenfServices Division for review and approval.
10.J That trash storage areas shall be maintained in'a locatiorfacceptable to the Public Works
Department, Sheets and Sanitation Division and in accordance with'approved`plans on file with
said Department. Said storage areas shall be'deslgned'located and screened so as not o be
readily idenfrfiabie from adjacent streets or highways. The walls of the storage areas "shall be
Page 10
`Staff Report to the
Planning Commission
February 24, 2003
Item No. 4
protected from graffiti opportunities by he use ofplant materials such as minimum 1-gallon'size
clingingbinas planted on maximum 3-foot centers or tall shrubbery.
1 L That a plan sheet for solid waste storage and collection and'a plan forrecycling shall be
submitted to the Public Works Department, Streets and Sanitation Division for review and
approval.
12. That an unsubordinated covenant to hold the three (3) properties as one for purposes of access
and parking shall be submitted to the Zoning Division for review and approval as o form by the
City Attorney. Once approved, said covenant shall be recorded with the Orange County
..Recorder and. a recorded copy shall be submitted to the Zoning Division. Should Conditional Use
PermitNos. 1943`and 3726 be terminated, said covenant shall terminate by its own effect.'
13. That the propertyshall 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 timed occurrence.
14. That the proposal shall comply with all. signing requirements of the RS-A-43,000 Zone unless a
variance allowingsign waivers is approved by the Planning Commission. Any atlditional signage,
beyond what is existing sfiall be subject to review and approval by the Planning. Commission as a
Reports and Recommendation item.
15. That subject property shall tie developed substantially in accordance with plans end
specifications submitted to the City of Anaheim by the petitioner and which plans are on file with
the Planning Department marked Exhibit Nos. 1 2 and 3 and as conditioned herein.
16. That prior to issuance of a building permit, or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nosy 6, 7, 8; 9 10, 11-and 12, above-mentioned,
shall be compiiedwith. Extensions for further time to complete said conditions may be granted in
accordance with Section.18.03.090'ofthe Anaheim Municipal Code,
17. ' That prior to finatbuilding and zoning inspections, whichever occurs first, Condition No. 15
above-mentioned, shall be complied with.
16. That approval oEthis 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 inGude any action or findingsas to compliance or
approval of the request regarding any other applicable ordinance, regulation or requirement.
..Page 11
SECTION 4
ATTACHMEIJT - ITEM ISO. 4
PETITIONER'S STATEMENT OF
IUSTIFiCATION FOR VARIANCE/CODE WAIVER
(NOTREQUIRE~D/FOR PARKING WAIVER)
REQUEST FOR WAIVER OF CODE SECTION: ,w ~ ~~ • D~~- ~~
/ ( sep t statement ` required for each odp w~ve_r)
PERTAINING TO: M , r %!')t•t/Yyt ~~Lt-rc+~~S ~(~cK O ~ ~ Yl . TN 5 ~l ~ZN'/v~u
Lt S-e c C.) it rm ~ ~ ci /~3i ~wt ic+. zc~,a t3c2.~-n ~,..y~~
Sections 18.03.040.030 an 18.13.060 of the Anaheim Municipal Code require that before any vaQnance orCode 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 Admirri trator or Planning Commission to
arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully
and as completely as possible. If you need additional space, you may attach additional pages.
Are there special circumstances that apply to the property in matters such as size, shape, topography, location or
surroundings?Yes _No.
If your answer is "Yes," describe the special circumstances:
~F-I-h-P r2P0.r„a-ecl /tif i,~.Jr.~t u ,w !,~ ~ s
?. Are the special circumstances that apply to the property different from other properties in the vicinity which aze in the
same zone as your property? ~ Yes _ No
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? _ zres ~yNo
If your answer if "yes," describe the special circumstances:
4.
The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Cade waiver shall be
approved which would have the effect of granting special privilege not shazed by other property in the same vicinity and zone
whit is not erwise expressly a rized zon regulations governing subject property. Use variances aze not permitted.
Signature of Property Owner or Au rued Agen Date /~
CONDITIONAL USE P.ERMIT/'J61}N41. ~~ ~•[J y
DECEMBER 12, 2000
Were the special circumstances created by causes beyond the control of the property owner (or previous property
owners)? L/Yes ~No
ATTACHI1ENT - ITEl1 N0. 4
PETITIONER'S STATEMENT OF
JUSTIFICATION FOR VARIANCF/CODE WAIVER
(NOT REQUIRED FOR PARKING WAIVER)
REQUEST FOR WAIVER OF CODE SECTION:
PERTAINING TO:
SECTION 4
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 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
sunoundings, 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 depm•es 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
arrive at a decision, please answer each of the following questions regazding the property for which a variance is sought, fully
and as completely as possible. If you need additional space, you may attach additional pages.
Are there special circumstances that apply to the property in matters such as size, shape, topography, location or
sunoundings? ~ Yes _ No.
If your answer is "Yes," describe the special circumstances:
2. Are the special circumstances that apply to [he property different from other properties in the vicinity which aze in the
same zone as your property? ~y Yes _ No
If your answer is "yes," describe how the property is different: ~ rLo ~ 5 /U~2-c' r'!1 M~.c,~z~ fib
~i ~,ti i iiff2 /9 .~ -~-/~ P /7 r ~ 1 7 ute r( /M ~ n ~ !' vM i~ vYl L.d 'f- S Y t¢.tic~/g/t n~ S / rt7 ~l2 a~'NG
3. Do the special circumstances applicable to t}te property deprive it ofprivileges cuaently enjoyed by neighboring
properties located within the same zone? Yes No
If your answer if "yes," describe the special circumstances:
4. Were the special circumstances created by causes beyond the control of the property owner (or previous property
owners)?Yes _No
EXPLAIN %/~z° ./1,~.9OY~i /S /KUr~C+//ZOO/ /./J.`N9 ~rs5 ~-H/~iL c~ct<1°
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 shazed by other property in the same vicinity and zone
which ' not otherwise expre uthorized zone regulations governing subject property. Use variances aze not permitted.
i ,
Z^1~-~3
Signature of Property Owner o uthonzed Agent Dale ~~//
CONDITIONAL USE ].'-ERMIT/VAeENO. d~~ n y10~~
DECEMBER 12, 2000
ITEM N0. 5
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TT NO. 10434
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y ~ 61.62-76(DR) 63-64-fig
LAW OFFICES V-3420
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LL ~ LIOUOR 63-64-69
APARTMENTS
J CL CO
LL CUP 2852
DENTAL V.7525
OFFICES OFFICES
Conditional Use Permit No. 2002-04629 (READVERTISED) ~ f Subject Pro
ert
p
y
Date: February 24, 2003
Scale: 1"= 200'
Requested By: DAVID LY Q.S. No. 49
REQUEST TO ESTABLISH LAND USE CONFORMITY WITH EXISTING ZONING CODE LAND USE
REQUIREMENTS FOR AN EXISTING COMMERCIAL CENTER AND LIQUOR STORE AND TO PERMIT
A TELECOMMUNICATIONS ANTENNA WITH ACCESSORY GROUN D-MOUNTED EQUIPMENT
WITH WAIVER MAXIMUM O F STRUCTURAL HEIGHT ADJACENT TO A RESIDENTIAL ZONE.
Parcel 1: 1201 South Euclid Street and Parcel 2: 1211-1231 South Euclid Street 57a
Staff Report to the
Planning Commissibn
February 24, 2003
Item No: 5`
5a. ' CEQA CATEGORICAL EXEMPTION -CLASS 1 (Motion for withdrawal).
5b: WAIVER OF CODEREQUIREMENT r
5c. 'CONDITIONAL USE PERMIT NO: 2002-04629
SITE LOCATION ANDbESCRIPTION:;
(i) Parcel 1 -This rectangulary-shaped, 0.6-acre property is located at the southwest corner
of Ball Road antl' Euclid. Street with frontagesbf 205 feet on the south side of Ball Road
>and 120 feet on the west side of Euclid Sheet (1201 =1209 South Euclid Street).
Parcel 2 -This rectangulary-shaped, 1.6-acre property has a frontage of 350 feet on the
west side of Euclid Street, a maximum depthbf 205 feet and is located 170 feet south of
'the centerline of BaIL Road (1211-1231 South Euclid Street). ;'
REQUEST:
(2) The petitioner requests to establish land use conformity with existing zoning code land use
Yequirements for an existing commercial center and liquor store and to permit a
telecommunications antenna with accessory ground-mounted. equipment under authority
of Code Section Nos 18.44:050.030, 18:44.050.193 and 18.44.050.330 with waivers of
the following:
(a) SECTIONS 18.06.050.020 i Minimum number of oarking spaces.
AND' 18.44.066 , (DELETED).
(b) SECTION NO: 18.44.062.011 Maximum structural heioht adjacent to a
residential zone boundary: 7.5 foot high
permitted; 46.5 foof high proposed).
BACKGROUND:
(3) This item was continued from the December 2, 2002; Planning Commission meeting in
order. to determine whether a parking waiver was required; and from the January 13, 2003,
'meeting in order to allow redesign of the proposal The petitioner, Deena Detry, has
submitted the attached letter dated February 11; 2003, requesting withdrawal of this
'.'application.
RECOMMENDATION:
(4) .That the Commission, by motion, accept the petitioner's request for withdrawal.
Sr8556vn
' Page 1
ATTACIiMEIJT - ITEM M0. 5
® Nextel Communications
310 Commerce .- __
Irvine, CA 92602-1300
Feb. 11, 2003
Vanessa Norwood
Planning Department
200 Anaheim
Anaheim, CA
RE: Proposed Nextel plans at 1201-1227 S. Euclid St.
Dear Vanessa:
Thank you for your time and energy in helping me with the above captioned site.
Nextel Communications has placed several sites on hold because of new qualifications
and a restructuring of the budget. This site has been placed on hold and we have decided
not to move forward with the zoning hearing.
Sincerely,
Deena L. Detry
Nextel Site Development
(714) 412-2579 (Mobile)
(714) 368-3842 (Fax)
deena.detrvCa.nextel.com
CONDITIONAL USE PERM17