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PC 2003/05/19Cll"Y OF ANAFIEIM PLANNING COMMISSION AGEN®A MAY 19, 2003 Council Chambers, City Hall 200 South Anaheim Boulevard, Anaheim, California CALL TO ORDER ~~tiw '~ VANDERBILT SION MORtdING SESSIQ HASKETT LIBRARY CONSTRI COMMISSION ON VARIOUS C :QUESTED BY PLANNING COQ I REVIEIA(FOR ITEMS.AN THE c r^~ ~ RECESS TO AFTERN0~7~P t r^~ RECONVENE TOI,PUBLItY For n;cord keeping purpc complete a speakercart~ S~ ,t PLEDGE OF ALLEGIANCI ~~''. PUBLIC COMAAENTS~x~, CONSENT CALENDARk~'a PUBLIC HEARING ITEMS ADJOURNMENT { d ~``.~~"'e'~r-sue.-rasn-' ~~''?~~.r r ~"~ "~ .,, s: ~~ 1 i ''f on the agenda, please u sos.ooc planningcommission(e~anaheim.net 05-19-03 Page 1 RECONVENE TO PUBLIC FIEARING ,4T 9:30 P.M. ITEMS OF PUBLIC INTEREST: Presentation of a plaque to Stephen Bristol in acknowledgement of his 9 years of service on the Planning , ..._ Commission. PUBLIC COMMENTS: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or public comments on agenda items with the exception of public hearing items. CONSENT CALENDAR: Item 1-A through 1-E on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Planning Commission, staff or the public request the item to be discussed and/or removed from the Consent Calendar for separate action. 1. REPORTS AND RECOMMENDATIONS A. (a) CEQA CATEGORICAL EXEMPTION -CLASS 11 (b) CONDITIONAL USE PERMIT N0.415T (TRACKING NO. CUP2003A4692) Phu Ho, Vietnam Ministries, P.O. Box 4568, Anaheim, CA 92803, requests review of final sign plans to permit a freestanding monument sign for an existing church. Properly is located at 1100 North Paradise Street. B. (a) CEQA ENVIRONMENTAL IMPACT REPORT NO. 316 {PREVIOUSLY-CE RTI FIEDI (b) CONDITIONAL USE PERAAIT NO, 3566 (TRACKING NO. CUP2003-046971 Paulette Alexander, 27255 Villanueva, Mission Viejo, CA 92691, requests determination of substantial conformance for modifications to original exhibits for apreviously-approved regional shopping center. Property is located at 400-600 North Euclid Street (Anaheim Plaza). C. (a) CEQA 15061 (b-(3) GENERAL RULE (b) RECLASSIFICATION N0.2003-00102 (TRACKING NO. RCL2003-001031 City of Anaheim, Planning Department, 200 South Anaheim Boulevard, Anaheim, CA 92805, requests initiation of Reclassification proceedings for the Colony Histpric District for six {6) additional properties to be included with properties previously initiated for reclassification as requested by the Planning Commission. The additional properties are located within Study Areas 1, 3 and 6 as identified in the staff report. Project Planner: (evambao ananaheim.net) sr3022ey.doc Q.S. 111 Project Planner: (cwagnert7a anahelm.net) sr1116cw.doc Q.S. 53 Project Planner: (ctlores ananaheim.net) sr6602cF.doc Q.S. 62, 63, 71, 72, 73 & 83 05-19-03 Page 2 D. (a) CEQA 15061 /b)f31 GENERAL RULE (b) ZONING CODE AMENDMENT MO. 2003-00022 City of Anaheim, City Attorney's Office, 200 South Anaheim Boulevard, Anaheim, CA 92805, requests review and approval of the attached draft ordinance pertaining to appointment of hearing officers. E, Receiving and approving the Minutes from the Planning Commission Meetings of May 5, 2003. (Motion) Project Planner: (idadant(a anaheim.net) sr1177jd.doc 05-19-03 Page 3 P4J BLIC HEARING ITEMS: 2a. CEQANEGATIVE DECLARATION (PREVIOUSLY-APPROVEDI 2b. CONDITIONAL USE PERMIT NO. 2681 (TRACKING NO. CUP2003.04682) OWNER: Robshan Inc., 3210 Belt Line Road #140, Dallas, TX 75234 AGENT: Bryan Kahng, Press Box Sports Bar and Grill, 480 North Glassell Street, Anaheim, CA 92806 LOCATION: 480 North Glassell Street. Property is approximately 0.59-acre, located at the southeast comer of Glassell Street and Frontera Street (Press Box Sports Bar and Grill). Request reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on April 8, 2002, to expire March 26, 2003) to retain three billiard tables and public entertainment with a cover charge in conjunction with apreviously- approved :restaurant with sales of alcoholic beverages for on-premises consumption. Project Planner. Continued from the May 5, 2003, Planning Commission Meeting. (avazauezt7a anaheim.net) CONDITIONAL USE PERMIT RESOLUTION NO. sr8601av.doc Q.S. 146 3a. CEQA MITIGATED :NEGATIVE DECLARATION 3b. VARIANCE N0.2003-04558 3c. TENTATIVE TRACT MAP NO. 16492 3d. WAIVER OF COUNCIL POLICYNO.542 (READVERTISEDI OWNER: Elisa Stipkovich, Anaheim Community Development Department, 201 South Anaheim Boulevard, Anaheim, CA 92805 AGENT: Joe Richter, John Laing Homes, 895 Dove Street, Suite 110, Newport Beach, CA 92660 LOCATION: 507-541 South Anaheim Boulevard and 100-142 West Santa Ana Street. Property is approximately 5.6 acres, located at the southwest comer of Anaheim Boulevard and Santa Ana Street (Trucking Site). VARIANCE N0.2003-04558 -Request waivers of: a) minimum private street standards, b) maximum wall height, c) minimum structural setback adjacent to a collector street, d) minimum structural setback adjacent to an arterial highway, e) required recreational leisure area, and f) additional incentives in lieu of a density bonus, to construct 20 detached and 36 attached "affordable" single-family dwelling units with incentives in lieu of ' a density bonus. TENTATIVE TRACT MAP NO.16492 - To establish a 21-lot, 56-unit detached and attached "affordable" single-family residential subdivision. COUNCIL POLICY NO. 542 -Waiver of Council Policy pertaining to sound attenuation for single-family residences adjacent to railroad right- Project Planner. of-way. (cwagner(rDanaheim:ne0 Continued from the May 5, 2003., Planning Commission Meeting. sr1114cw.doc Q.S. 84 VARIANCE RESOLUTION NO. 05-19-03 Page 4 4a. CEQA ENVIRONMENTAL IMPACT REPORT NO. 321 (PREY.-CERTIFIED) 4b. WAIVER OF CODE REQUIREMENT 4c. CONDITIONAL USE PERMIT N0.2003-04686 4d. FINAL SITE PLAN NO. 2003-00003 OWNER: Michael Moore, Tejas Partners, 1748 West Katella Avenue, - >--- Suite 206, Orange, CA 92867 AGENT: Michael McCormick, McCormick Construction, Co., 2507 Empire Avenue, Burbank, CA 91504 LOCATION: 1501-1551 South Douglass Road. Property is approximately 7.25 acres, having a frontage of 1,560 feet on the west side of Douglass Road, located 690 feet north of the centerline of Katella Avenue. CONDITIONAL USE PERMIT N0.2003-04686 -Request to permit a vocational school within a new office building and accessory commercial event parking with waivers of: a) minimum number of parking spaces, and b) minimum landscaped setback abutting a freeway. FINAL SITE PLAN NO. 2003-00003 -Requests review and approval of a final site plan to construct two-story office building within the SE (Sports Entertainment) Overlay Zone. . Project Planner: (avazguezCdlanahei m.net) Continued from the May 5, 2003, Planning Commission Meeting. sr8594av.doc CONDITIONAL USE PERMIT RESOLUTION NO. Q.S. 127 5a. CEOA NEGATIVE DECLARATION 5b. CONDITIONAL USE PERMIT N0.2003-04685 OWNER: Carl J. Lugaro, 1145 Glenview Drive, Fullerton, CA 92835 AGENT: George Hoeing, Western States Engineering and Construction, Inc., 733 North Main Street, Orange CA 92868 LOCATION: 590 and 510-542 North Mastnalia Avenue. Parcel 1: Property is approximately 0.49-acre, located at the southeast comer of Magnolia and Crescent Avenues. Parcel 2: Property is approximately 4.05 acres, located south and east of the southeast comer of Magnolia and Crescent Avenues. Request to construct an automobile car wash facility with an accessory fast food restaurant and accessory retail sales. Project Planner: (inramirez(a) an aheim. net) Continued from the May 5, 2003, Planning Commission Meeting. sr5008jr.doc CONDITIONAL USE PERMIT RESOLUTION NO. Q.S. 26 05-19-03 Page 5 6a. CEQA NEGATIVE DECLARATION 6b. WAIVER OF CODE REQUIREMENT 6c. CONDITIONAL USE PERMIT NO. 2003-04683 OWNER: Chinh K. Ngo, 1300 South State College Boulevard, Anaheim, CA 92806 LOCATION: 1300 South State College Boulevard. Property is approximately 0.65-acre having a frontage of 126 feet on the east side of State College Boulevard, located 425 feet north of the centerline of Winston Road. Request to permit and retain an existing outdoor building and materials storage yard in conjunction with a the warehouse with accessoryretail sales with waiver of minimum number of parking spaces. Project Planner: Continued from the May 5, 2003, Planning Commission Meeting, {vnorwood ananaheim:net) CONDITIONAL USE PERMIT RESOLUTION NO. sr8589vn.doc Q.S. 116 7a. CEQA CATEGORICAL EXEMPTION -CLASS 1 7b. CONDITIONAL USE PERMIT NO. 2003-04694 OWNER: B.V. Enterprises, Inc., 2424 West Ball Road, Anaheim, CA 92805 AGENT: Briggs and Alexander, Attn: Leon C Alexander, 558 South Harbor Boulevard, Suite 100, Anaheim, CA 92805 LOCATION: 2424 West Batl Road. Property is approximately 2.5 acres having a frontage of 441 feet on the south side of Ball Road, located 218 feet west of the centerline of Gilbert Street (King Market). Project Planner: (evambaoCdi ana heim. net) To expand an existing nonconforming convenience market. sr3024ey:doc CONDITIONAL USE PERMIT RESOLUTION NO. Q.S. 29 05-19-03 Page 6 8a. CEQA NEGATIVE DECLARATION 8b. RECLASSIFICATION N0.2003-00101 8c. TENTATIVE PARCEL MAP NO. 2003-120 OWNER: Steven Krell, 11263 Canton Drive, Studio City, CA 91fi04 AGENT: AV .Design & Construction, Attn: Richard Bui, 9251 Garvey Avenue, Suite V, EI Monte, CA 92733 LOCATION: 2167-2173 West Lincoln Avenue and 115 North Bucher Street. Portion A: Property is approximately 0.67-acre, having frontages of 163 feet on the north side of Lincoln Avenue and 90 feet on the south side of Lindsay Road, located 160 feet east of the centerline of Brookhurst Street. Portion B: Property is approximately 0.20-acre having a frontage of 107 feet on the west side of :Bucher Street, located 220 feet west of the centerline of Lindsay Street. Reclassification No, 2003-00101 -Request reclassification of Portion B from the CL (BCC) (Commercial, Limited; Brookhurst Commercial Corridor Overlay) zone to the RS-7200 (BCC) (Residential, Single- Family; Brookhurst Commercial Corridor Overlay) zone, or a less intense zone. Project Planner: Tentative Parcel Map No. 2003-120 -To establish a 2-lot 1-unit liaramirez(o7anaheim.net) , residential and commercial subdivision. sr5009jr.doc RECLASSIFICATION RESOLUTION NO. Q.S. 39 9a. CEQA NEGATIVE DECLARATION 9b. SPECIMEN TREE REMOVAL PERMIT N0.2003-00001 OWNER: Ralph Taber, 7300 East Stone Creek Lane, Anaheim, CA 92808 AGENT: Arlene Taber, 7300 E. Stone Creek Lane, Anaheim, CA 92808 LOCATION:: 7300 East Stone Creek Lane. Properly is approximately 0.58-acre having a frontage of 60 feet at the terminus of Stone Creek Lane, located approximately 1010 feet northwest of the centerline of Old Bridge Road. Project Planner: (avazauezra~anaheim.netl To remove 5 specimen trees (4 eucalyptus and 1 pepper) to construct a pool and to improve rear yard landscaping. sr8598av.doc Q.S. 203 05-19-03 Page 7 10a. CECA NEGATIVE DECLARATION 10b. WAIVER OF CODE REQUIREMENT 10c. CONDITIONAL USE PERMIT NO. 2003-04688 OWNER: .Emmett Roach, 619 Calle Hidalgo, San Clemente, CA 92673 AGENT: Eduardo Cruz, 310 North Alma Avenue, Los Angeles, CA 90063 LOCATION: 1751 West Lincoln Avenue. Property is approximately 1.0 acre, having a frontage of 130 feet on the north side of Lincoln Avenue, located 455 feet west of the centerline of Euclid Way. To permit and retain a church in an existing building with waiver of minimum number of parking spaces. CONDITIONAL USE PERMIT RESOLUTION NO. Request for continuance to June 2, 2003 Project Planner: IvnorwoodCa)anahei m.net) sr6600vn.doc Q.S. 46 ADJOURN TO MONDAY, JUNE 2, 2003 AT 1'1:00 A.M. FOR PRELIMINARY PLAN REVIEW. 05-19-03 Page 8 CERTIFIC/aTION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 10=0o AI.M• NY~ IGi~oo3 {TIME) ATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: ~ ~~°.._o If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. RIGHTS OF APPEAL FROM PLANNING COMMISSION ACTION The action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits and Variances shall be considered final unless, within 22 days after Planning Commission action and within 10 days regarding Tentative Tract and Parcel Maps, an appeal is filed. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. ANAHEIM CITY PLANNING COMMISSION In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning Department, (714) 765-5139. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Recorded decision information is available 24 hours a day by calling the Planning Department's Automated Telephone System at 714-765-5139. OS-19-03 Page 9 SCI°iEIJLE 2003 JUNE 2 _ _ __~ JUNE 16 JUNE 30 JULY 14 JULY 28 AUGUST 11 AUGUST 25 SEPTEMBER8 SEPTEMBER 22 OCTOBER 20 NOVEMBER3 NOVEMBER 17 DECEMBER1 DECEMBER 15 DECEMBER 29 05-19-03 Page 10 ITEN N0. t-A ~ a~ a I J ( ~ a ~a V ~ o a .. ~-~J \ BALSAM AVENUE - - - ~~ ® ~ ~ ~ RS-7200 f- RS-720 1 DU EACH ~ ' ~ 1 DU EACH w = ~? = ~,_ RS-7200 1 U A o n va O r ul ~ - o N N v m • ~ ~ -RS-7200 D E CH , ~~ ¢ a ~o 1 DU EACH '.. a BANYAN PL BANYAN CT ~ 55' 1 DUEACH W K ~ v i SANDALWOOD PL D: W 7 - ~ RS-7200 - 1 DU EACH BELMONT PL T 41 RS-7200 . 1 DU EACH szaol ' I I I 1 !65 RS-7200 1 DU EACH RS-7200 1 DU EACH J a w QO -® 2 a LA PALMA AVENUE ^-4-1 SANDALWOOD CT 1 iU EAiH I - BELMONT CT RS-7200 . 1 DU EACH Conditional Use Permit No. 4157 ~ ~" Subject Property "~ ~ :~ TRACKING NO. CUP2003-04692 Date: May 19, 2003 Scale: 1" = 200' Requested By: PHU PO Q.S. No. 111 REQUESTS REVIEW OF FINAL SIGN PLANS TO PERMIT A FREESTANDING MONUMENT SIGN FOR AN EXISTING CHURCH. 1100 North Paradise Street Direction" ~. , : -, ;Land Use .- ..... "- Zonln 9. %,. _r , General, ,Plan" " ~ ~ """ .Deli" nation.:.,.,. :. ,411 Directions Single-Family Residences ! RS 7200 Low-Density Residential ATTACHMENT - ITEM N0. R&R 1-A RESOLUTION NO. PC2000-1 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION' THAT PETITION FOR CONDITIONAL USE PERMIT N0.4157 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petitiori for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: LOT 85 OF TRACTNO. 3168 AS SHOWN ON A MAP RECORDED INBOOK 103, PAGES 1, 2 AND 3 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. WHEREAS, the City Planning Commission did bold a public hearing at the Civic Center in the City of Anaheim on January 3; 2000 at 1:30 p.m.; notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditiorial' use permit and to investigate and make findings and recommendations in connection therewith; and that the hearing was continued from the October 1 and December 6, 1999 Commission meetings for public notification ofa parking waiver; and WHEREAS,'said Commission, after due inspection., investigation and study made by itself and in its behalf; and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: ` 1. That the proposed use is prdperly one fbr which a conditiohaf use permit is authorized by Anaheim Municipal Code Section Sections 18.21.050.110 and 18.21.050.280 to permit a church and private recreation facility with accessory living quarters and with waivers of the following: (a) Sections 18.04.042.020 - Minimum setback for institutional uses adiacent to a and 18.21.063 residential zone boundary. (15 feet. fully landscaped; required adjacent to RS-7200 "Residential, Single-Family" zoning; 5 to 12 feet. landscaped, proposed between parking spaces and the north, east, south and west property lines) (b) Sections 18.050.026.0267 - Minimum numberbf parking spaces: 18.06:050.026.0266 (115 required; 103 proposed and concurred with by the 18.06.080 City Traffic and Transportation Manager) and 18.21.066.010 7" That waiver (a), required setbacks for institutional uses"adjacent to a residential zone boundary; is hereby approved on the basis that there are special circumstances applicable to the property such as size, shape, topography, location or surroundings, which do not apply to other:identically zoned properties in the vicinity; and that strict application of the Zoning Code deprives the property of privileges enjoyed by other properties under identical zoning classification in the vicinity. 3. That waiver (b), minimum number of parking spaces, fs Hereby approved on the basis that it is a minimal (10%) deviation from the Code requirement; and on the basis of the findings submitted by the petitioner and described in paragraphs(20) and (25) of the Staff Report to the Planning Commission dated January 3, 2000;' and that the City Traffic and Transportation Manager has determined that 103 spaces is sufficient for this specific proposed church and private community recreational facility, CR3853 PK. DOC -1- PC2000-1 4. That the parking waiver, under the conditions imposed, will not cause fewer off- street parking spaces to be provided for such use than the numtier of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable ° "' "` conditions of operation of such use. 5. That the parking waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use, _ 6. That the parking waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use (which property is not expressly provided as parking for such use under an agreement in compliance with Section 18.06.010.020 of this Code). 7. That the parking waiver, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for such use. 8. That the parking waiver, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. 9. That granting of the parking waiver shall be deemed contingent upon operation of the approved use in conformance with the assumptions relating to the operation and intensity of the use as contained in the parkirig demand study that formed the basis for approval of said waiver; and that exceeding, violating, intensifying or otherwise deviating from any of said assumptions as contained in he parking demand study shall be deemed 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 the Anaheim Munjcipal Code.,- 10. That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 11. That the size and shape of the site for the proposed use is adequate to allow the full development of the proposal in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare.. 12. That the traffic generated by the proposed use wilt not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 13. That granting of this conditional use permit, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 14. That no one indicated their presence at the public hearing in opposition to the proposal; and that no wrrespondence was received in opposition; and. that one person spoke in favor of the proposal.... CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to permit a church and private recreation facility with accessory living quarters and with waivers of minimum setback of institutional uses adjacent to a residential zone boundary and minimum number of parking spaces on arectangularly-shaped 2.22-acre property located at the southerly terminus of Paradise Street, having a frontage of 54 feet on the south side of Paradise Street and a maximum depth of 370 feet, being located 325 feet south of the centerline: of Balsam Avenue, and further described as 1100 North Paradise Street (Issac Walton Recreation. facility); and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial CR3853PK.DOC -2- PC2000-1 study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That trash storage areas shall be provided and maintained in location(s) acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum'one (1) gallon size clinging vines planted on maximum three (3) foot centers, or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 2. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Streets and Sanitation Division for review and approval 3: That an on-site trash truck turn-around area shall be provided in accordance with Engineering Standard Detail No. 610 and maintained to the satisfaction of the Streets and Sanitation Division. Said turn-around area shall be specifically shown on plans submitted for building permits. 4. That the parking lot'serving the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons oh or about the parking lot. Said lighting shall be directed, positioned and shielded in such a manner so es not to unreasonably illuminate the window areas of nearby residences. A photometric plan shall be submitted to the Anaheim Police Department for review and approval 5. That three (3) foot high address numbers shall be displayed' on the roof of tfie building in a contrasting color to the roof material. The numbers shall not be visible to the view from the street or adjacent properties. 6. Thatplans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with the most current versions of Engineering Standard Plan Nos. 436 and 602 pertaining to parking standards and driveway locations. The submitted plan shall be modified to provide for adequate turn-grounds for end parking stalls. Subject property shall thereupon be developed and maintained in conformance with said plans. T. That the water backflow equipment and any other large water system equipment shall be installed to the satisfaction of the Water Utility Division in either (a) underground vaults or (b) behind the street setback area in a manner fully screened from all public streets. Said information shall be specifically shown on the plans submitted for building permits. 8. That because this project has landscaping area(s)' exceeding two thousand five hundred (2,500) square feet, a separate irrigation meter shall be installed in compliance with Chapter 10.19 of the Anaheim Municipal Code and City Ordinance No. 5349. 9: That alf existing water services shall conform to the most current Water Utility Standards. Any existing water services that are not approved by said Utility for continued use shall be upgraded to current standards, or shall be abandoned by the developer. If the existing services are nolonger needed, they shall be abandoned by the developeG 10. That the property shall be served with underground utilities ih accordance with the Electrical Rates, Rules, and Regulations (the most current fees shall apply) and the City of Anaheim Underground Policy. CR3853PK.DOC -3- PC2000-1 ', 11. That the legal property owner shall provide the City of Anaheim with a public utility easement to be determined as electrical design is completed. Said easement shall be submitted to the City of Anaheim prior to connection of electrical service. 12. That any required relocation of City electrical facilities shall be at the developer's expense. 13. That this church/private recreation facility shall not provide any day care services or establish a private school without first requesting and. obtaining approval of a conditional use permit from the City of Anaheim. 14. That the existing living quarters shall be limited to one (1) family:. and that no other residential facilities shall beprovided on-site. 15. That there shall be no public address system or other exterior amplified audio system for this property. 16. That signage for this property shall be limited to a maximum twenty (20) sq.ft. sign in accordance with current Zoning Code standards; and that a sign plan shall be shall be submitted to the Planning Department, Zoning Division, for Planning Commission review and approval as a "Reports and Recommendations" item.. 17. That final exterior building elevation drawings shall be submitted to the Zoning Division for Planning Commission review and approval as a "Reports and Recommendations" item. The elevation drawings shall include design elements reflecting a high quality architectural. style to compliment the neighboring single-family residences. 18. That church-related operations and activities shall be limited to 8 a.m. to 9 p.m. during weekdays (Mondays through Fridays), and from 10 a:m. to 5 p.m. on weekends (Saturdays and Sundays). No formal worship services shall take place on this site, 19. That theprivate recreation facilities shallbe used only by ministerial staff and the neighboring residents residing in the adjoining Tract Nos. 3167 and 3168, and shall not be used by any outside organizations. Moreover, the private recreation facility shall only operate from 8 a.m. to 9 p.m. on weekdays (Mondays through Fridays) and from 10 a.m. to 5 p:m. on weekends (Saturdays and Sundays):..: 20. That precise landscaping plans showing minimum fifteen (15) gallon sized broad-headed trees on maximum twenty (20) foot centers along the property lines abutting residential uses shall be submitted to the Zoning Division for Planning Commission review and approval as a "Reports and Recommendation" item.. Following approval, said landscaping shall be planted and provided with irrigation, and properly maintained thereafter: 21. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1, 2 and 3, and as conditioned herein. 22. That this conditional use permit is granted subject to adoption of an ordinance in connection with the abandonment of the abutting public parking lot, now pending with the Public Works Department. ?3, That prior to issuance of a building permit or within a period of one (1) year from the date of this (1) resolution, whichever occurs first, Condition Nos. 1, 2, 3, 4, 6, 7, 16, 17, 20 and 22, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. CR3853PK.DOG -4- PC2000-1 24. That prior to final building and zoning inspections, Condition Nos. 5, B, 9, 10, 11 and 21, above-mentioned, shall be complied with. 25. 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. 26. That the uses approved in connection with this conditional use permit shall be consistent with the Addendum to the Letter of Operation submitted by Vietnam Ministries, Inc., dated December 16, 1999, including the attachment thereto. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 3, 2000. (Ori;iaal sigr:2d by Fhyais R. Boydstun) CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: (Original signed by Margarita Soloriol SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Sotorio, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on January 3, 2000, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: VANDERBILT IN WITNESS WHEREOF, I have hereunto set my hand this day of 2000. !Original signed by Pdarbar(ta Soloriol SECRETARY, ANAHEIM CITY PLANNING COMMISSION CR3853PK.DOC -5- PC2000-1 ITEM N0. 1-B GRBON LREEN CHANNEL (O.G5G0.) DB RANOH MAPI~T W ROL2000-00001 RCL 00-01-01 (Rm.alaa.b GO) d s)~so-sB TLUP 1002-010.02 CUPZ002-0ISBB CUP aDOI cuP azm m WP1)a2 wP na1 OUP ]95 ANAHEIM cENOER RId1200 au~~iD Ru )ussa ssn~a Y,a~ VM 10as gPMTMENiS 0. RA41300 PCL545a00 WP&0 ANAHEIM VMG ~L a ~~ I m I ~8 ~~ a ag eg ~ !! 33 N O W CL 585)da LUP 01 U.S. POSTAL SFAVICE ANAHEIM MAM OFFICE "' RhL1Z00 nm 5455-0 CAP ~asO ~ a S - ,w ~' ~ wii ~ ~w ~ NORTH STREET n IA RCL GCI aslo.ooD m 515421 V 1111 N OP CONFIXiAUtt ~ No. zoBlmaas f, N NEbTMONi ELEM.6CHOOL yAR]ym P O S~ J RS 10,000 55542) CUP B) AOl00B] CHURCH ANO SUNGYSCHOOL RA402W ROL 628}50 5rs4n wP 51s u ou SwnDiurt_, M^ ~' ; m a..+, DA.. ~.~° Conditional Use Permit No. 3566 Subject Property TRACKING NO. CUP2003-04697 Date: May 19, 2003 Scale: Graphic Requested By: PAULETTE ALEXANDER Q.S. No. 53 REQUESTS DETERMINATION OF SUBSTANTIAL CONFORMANCE FOR MODIFICATIONS TO ORIGINAL EXHIBITS FOR APREVIOUSLY-APPROVED REGIONAL SHOPPING CENTER. Parcel 1:400-590 North Euclid Street Parcel 2: 600 North Euclid Street and 1695 West Crescent Avenue 71 i ATTACHt4ENT - ITEM tJ9. R&R 1-B MEMORANDUM City of Anaheim Community Development Department "` ` Date: May 9, 2003 To: Charity Wagner, Assistant Planner From: Kerry Kemp, Project Manager Subject: Anaheim Plaza-Proposed Orange County Teachers Federal Credit Union Community Development staff recommended, and the Agency approved, the design of the proposed OCTFCU facility at Anaheim Plaza, subject to additional landscaping and signage plans. Community Development staff concurs with Planning Department staff with respect to the use at this location. ITEM "J0. 1-C Subject Property Tracking No. RCL2003-00103 Date: May 19, 2003 Reclassification No. 2003-00102 Scale: Graphic Q.S. No. 62, 63, 71, Requested By: CITY-INITIATED (PLANNING COMMISSION) 72, 73, 83 INITIATION OF RECLASSIFICATION PROCEEDINGS FOR THE ANAHEIM COLONY HISTORIC DISTRICT FOR SIX (6) ADDITIONAL PROPERTIES TO BE INCLUDED WITH PROPERTIES PREVIOUSLY INITIATED FOR RECLASSIFICATION. 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N r r 4 h+ ~ NOtlilO e d ~ m 1Sati1S t G q m. RA elan\nw W~ d ~ ro'm. ~\ F\\\ eel eP\Sab ~: \, ~~. ~ ,S C O ay ~ ~ Q ~ O v W =. CG a6 ~ s~ ' D27.7 '/~ d N C ~. N 0 n o = ~ A ~ y n_ y ~ n m ~ ~ j ~ ~ m ~ d ~. W N 3 °, QW~~ ~~1s ~ 13 ~~ b~ ~ ~ ~ 3.. O 3 ~< 3 ~ m o ~' Rm N a v g m~ ~ j N1 3 ~ ~ ~ '` - 9 0 ^ N a_ m ~ ~s. d5. c±.5 = ~ .~ , ~e~o ie~`~o0 ,e1OUe~ ~z ~ X C ~ ~ ~ D ~ -, N m o v ~ ~~ a6 .fl D m ~ O ~ n y~ ~ N IE ~ n o p =v' ° N A O m 2 h ~ a=m s '° m ~ m -o N O m p1 ~ ~ O a ~ 7 c m j, S 3 m ` o ' 0 ~ OW~ ~ N ~ ~ ~ o ~~~~~ a ~ . ~ " R ~ 3 ?~ C N 0 2 O 0 0; m °~n ;o ' -gvti N , ~ , O n ~•~ r 3m ~ ' a ~ R ~ ~ v m m N o~• y ~~ ~ ~ 3`° ~ a n 3~ ~~ a m ~ mo d5~ c `~ ~ ,\epje~yo0 ~ \By0o0 J s ~z "D c p ay `G ~p ~ Q. ~ O N ~ ~~ cG aL ~, 1P ~ ~¢_~ p "%' at2~ 1 ~ NA ~ {C ~ "0 ~ N o ~N 2 2 d pl o T ~ ~ %'N m a `~ ° 3 R j o m ~ m m . ~ _n G~ ~ d y 3 N A ~ j m , m .G c m ~ m .~ ~+ y ~ S Q 3 d a' n Ut w ' R c 3 0 3 m O t ~, ,.' N fT ~, m $ o !~~. ~` ~ ~ „ , W O ~ r '~-W ~3 m 3 Z ~ A ~ r : a i91 c m cn Am ; ~ ~ ~ ~,m T~C z cnn7 -` 3 w3 ~? - N CJ ~ ~+~ . ~. ~, .~:.. ..•cY r , ,~ 4 < ' , j tT > 05 F j ~ G ,,.~ ., s. ~ 3 3 ~- - ~ k J O ~ ..w - r.3 ~ d m d ~. y 33 _ d o am ~ C1 a4• ~ ~3 ~ ~ OS~dN ~ m noe~ d~~~ oa a ~z fn x C V, ~ ~ N ~ ~~ ATTItCNt1GNT - ITEf1 N0. R&R 1-D www.anahxi-.nxt City of Anaheim ®F~'ICE ®F' 'I'~1E Cl<'g'Y A'I"~'®~21V1EY May 15, 2003 TO: PLANNING COMMISSION AND CITY COUNCIL FROM:' CITY ATTORNEY'S OFFICE REi PROPOSED REVISIONS TO HEARING OFFICER PROVISIONS L Background Information. The California Supreme Court in Haas v. County of San Bernardino concluded that a temporary administrative heazing officer has a pecuniary interest requiring disqualification when the government unilaterally selects and pays the officer on an ad hoc basis and the'officer's income from future adjudicative work depends on the government's good will. (Haas v. County of San Bernardino (2002) 27 Ca1.4th 1017, 119 Ca1.Rptr.2d 341.) The Anaheim Municipal Code has a number of provisions relating to appointment of a heazing officer, some of which provide for ad hoc appointment, including the provisions in Section 1.12.110 of the Code relating to appointment of a heazing'officer by the City Council`. In Haas; The Supreme Court noted that when the potential exists that the desire for more work will offer a possible temptation to the average person to favor the frequent litigant, even fees of $10 and $15 per case have been considered direct, personal, and substantial. The Court rejected the Countys contention that any possibility of bias' on the part of a heazing officer is cured when the Boazd independently reviews the administrative record and decides whether to accept or reject the officer's recommendation holding that plaintiff was entitled to a neutral .and detached judge in the first instance. Our Office, having reviewed the decision and conducted a roundtable discussion of City Attorneys in the region to discuss possible solutions, concludes that a number of options remain for appointment of a hearing officer; 1. Appointment of an employee to act as a heazing officer will not violate the provisions of Haas, since the employee's salary will not be impacted by performance of hearing officer duties.' There is still some concern if the person doing the hearing is in the chain of command of someone from the employing agency, or whose opinion against the employer could be seen as a negative (reputation or evaluations). 206 5. Anaheim Boulevard Suite 356 Anaheim, California 92865 TEL (714)765-5169 FAX (714)765-5123 2. Appointment of a "City Heazing Officer" for a set period of yeazs with no possibility for reinstatement, where referral of matters to the officer will be ministerial, and not on an ad hoc basis.Z 3. Appointment of a hearing officer by stipulation of the parties. Because many existing provisions in the Anaheim Municipal Code, including Section 1.12.110 providing for appointment of a hearing officer by the City Council, involve an ad hoc appointment of such officers, our office has reviewed the Code and prepazed an ordinance which we believe satisfies the concerns expressed by the Supreme Court in the Haas decision by eliminating ad hoc appointment of the City Hearing Officer. Ad hoc appointment of an employee to act as a hearing officer or appointment of a hearing officer by stipulation of the parties is still permissible. IL Existing Provisions and Proposed Revisions. A. Section 1.12.110 (APPOINTMENT OF HEARING OFFICER BY CITY COUNCIL)... Section 1.12.110, which provides for ad hoc appointment of a heazing officer by the City Council, has been revised in its entirety. (Section 1 of the ordinance) The revised ordinance provides as follows: 1. Defines three types of heazing officer: the City Hearing Officer, an Employee Hearing Officer and a Stipulated Hearing Officer. a. The City Hearing Officer is appointed by resolution of the City Council to serve for a set period of years, without reinstatement, to hear_ matters such as Sex-Oriented Business applications. b. An Employee Hearing Officer is a regularly employed City employee who conducts hearings as provided in the Code. ' In its Footnote 11, the Haas court suggested that a public entity might adopt a rule that no person appointed to be a heazing officer will be eligible for a future appointment until after a predetermined period of time long enough to . eliminate any temptation to favor the public entity. Under such a rule, as proposed by the ordinance, an attorney might be appointed to hear all cases arising during the designated period. 2 c. A Stipulated Hearing Officer is one appointed by mutual agreement of the parties: . _. 2. Specifies the procedures applicable where the hearing officer makes an advisory recommendation to the City Council and where the hearing officer makes a final decision. _ B. Chapter 2.12 (TRANSIENT OCCUPANCY TAX) The existing Transient Occupancy Tax ("TOT") appeal procedure provides that the License Collector appoints a hearing officer, who may be a City employee. Another hearing officer maybe appointed by mutual agreement of the parties; but the applicant is required to pay for it. The decision of the hearing officer is final. Subsection 2.12.060.050 is proposed to be amended to require an Employee Heazing Officer for matters in controversy of $50,000 or less, and appointment of the City Heazing Officef in matters over $50,000 as set forth below. Sections 2 and 3 of the ordinance relate to TOT appeals. "' .050 For matters involving an amount in controversy of $50,000 or less, the License Collector shall appoint an Employee Hearing Officer, or subject to agreement of the parties, the City Hearing Officer; as said terms are defined in subsection 1.12:110.020 of this Code. .For matters involving an amount in controversy in excess of $50,000, the matter shall be referred to the City Hearing Officer." C. ChapteY3.04'(BUSINESS LICENSES -GENERAL PROVISIONS) ` Existing provisions for appeal of decisions relating to business licenses provide for appeal of the decision made by the License Collector to the City Manager. The City Manager or his designee may appoint "a subordinate official or independent hearing officer."' The decision of the City Manager or his designee is final: 3 Section 3.04.260 is proposed to be amended to delete the phrase "or ,independent hearing officer" as set forth below. The reference to appointment of a "subordinate official" is revised to refer to the defined term "Employee Hearing Officer." The revisions are in Section 4 of the ordinance. "3.04.260 APPEAL. Any person aggrieved by a decision of the Collector, or any other officer of the City, made pursuant to the provisions of this Title concerning such person's business license tax, may appeal therefrom to the City Manager within fifteen days afrer notice of said adverse decision by filing with the Collector a written notice of appeal, briefly stating the grounds relied upon for such appeal If such appeal is made within the time prescribed, the Collector shall cause the matter to be set for hearing before the City Manager.or his designee within thirty days from the date of receipt of such notice of appeal, giving the appellant not less than ten days' written notice of the time and place of such hearing. The City Manager or his. designee may appoint an Employee Hearing Officer, as said term is defined in subsection 1.12.110.020 of this Code, lTeazing-o€fieer to conduct the hearing on the matter and render a written recommendation to the City Manager or his designee. The City Manager or his designee shall render a decision on the appeal no later than twenty days following completion of the heazing thereon or, in the event such hearing is held by an Employee Hearing Officer, a ,within thirty days following completion of the hearing thereon. The findings and determinations as approved by the City Manager, or his designee shall be final and conclusive and shall not conflict with any substantive provisions of this Title. Within five days afrer the City Manager's findings and determinations are made, the Collector shall give written notice thereof to the appellant. In the event no timely appeal is taken from the determinations of the Collector, any decision of the Collector shall become final and conclusive upon the expiration of the time set herein for filing an appeal." D. Chapter 4.29 (MASSAGE ESTABLISHMENTS) Under existing provisions, the Chief of Police issues the massage permit and may revoke or suspend an existing permit. Appeal is made to the City Council. The City Council has discretion to appoint a heazing officer for an advisory decision pursuant to 1.12.110. 4 Subsection 4.29.160.030 has been revised to provide the Council with . the option of referral to an Employee Heazing Officer, as set forth below. The provisions are in Section 5 of the ordinance. ".030 Appeal. .0301 The right to appeal to the City Council shall terminate upon the expiration of fifteen (15) days from the date of mailing of the notice. Any decision of the Chief of Police, pursuant to this chapter, shall be deemed final and conclusive unless a written notice of appeal is filed with the City Clerk and the Chief of Police prior to the expiration of said fifteen (15) day appeal period. .0302 In the event an appeal is timely filed, any suspension or revocation shall not be effective until a final decision has been rendered by the City Council. If no appeal is filed, the suspension or revocation shall become effective upon expiration of the period for filing appeals. .0303 The City Council of the City of Anaheim may preside over the hearing on appeal or, in the alternative, the City Council may, pursuant to Section 1.12.110, appoint an Employee Hearing Officer, as said term is defined in subsection 1.12.110.020 of this Code,-a hearing-o€freerto conduct the heazing, receive relevant evidence and to submit to the City Council findings and recommendations to be considered by the City Council. The City Council shall render its decision within sixty (60) days from the date the appeal is filed with the City, or, in the event that a hearing officer has been appointed, the hearing officer shall submit his/her findings and recommendations to the City Council within sixty (60) days from the date the appeal is filed with the City and the City Council shall render its decision within fifteen (15) days from the date on which the City Council receives the findings and recommendations ofthe hearing officer. The decision of the City Council shall be final. The applicant shall be entitled to notice of the basis for the proposed action, a copy of the documents upon which the decision was based and the opportunity to present contrary evidence at the heazing. If the denial is based upon failing the test, the applicant shall be entitled to review their test at the Police Department but shall not be entitled to a copy of the test. ', .0304 Notice of the date, time and place of the hearing shall be mailed at least ten (10) days prior to the date of the hearing, by certified mail, return receipt requested, with proof of service attached, 5 addressed to the address listed on the massage application, or massage technician application, as the case may be. .0305 No permit granted herein shall confer any vested right to any person or business for more than the permit period. All massage operators, Responsible Employees and technicians subject to this chapter shall comply with the provisions of this chapter as they maybe amended hereafrer." E. Chapter 4.31 (FIGURE MODEL STUDIO ESTABLISHMENTS) SECTION 6. [FIGURE MODEL STUDIO ESTABLISHMENT, APPEAL OF DENIAL OF A PERMIT] Existing provisions relating to Figure Model Studio Establishments provide that the License Collector approves or denies the permit, with the Chief of Police's recommendation. Appeal of denial of a permit is made to the City Manager, who may appoint a hearing officer to hear the matter and make a recommendation. The City Manager's decision on the appeal relating to denial of a permit is final. With regard to suspensions or revocations, the City Council may suspend or revoke a Figure Model Studio Establishment Permit. The City Council may, at its sole discretion, refer the matter to a hearing officer "in accordance with the provisions set forth in this Code." (There is no express reference to 1.12.110, but the decision of the hearing officer would presumably be advisory.) With regard to appeal of permit denials, subsection 4.31.080.050 has been revised as set forth below to provide the City Manager with the alternative of appointing an Employee Hearing Officer to conduct the hearing and to make a recommendation to the City Manager. The revisions are in Section 6 of the ordinance. " .050 Within thirty days from the date of denial, any person denied a permit pursuant to these provisions by the License Collector may appeaC such decision to the City Manager by filing a notice of appeal in writing with the License Collector stating reasons why the permit should be granted. Upon the filing of a timely appeal, the License Collector shall provide written notice to the applicant of the date such appeal shall be considered by the City Manager, which date shall not be later than thirty days following the date of such appeal, and which written notice shall be personally served or deposited in the course of transmission with the United States mai] not less than ten days prior to the date of such scheduled consideration by the City Manager. In the altemative, within twenty-one days following the date 6 of such appeal, the City Manager may refer such appeal to an Employee Hearing Officer, as said term is defined in subsection 1.12.110.020 of this Code, a-ltcarmg-offeer, who shall, within thirty. days thereafrer conduct and complete the appeal proceedings and render his or her report and recommendation to the City Manager for final determination by the City Manager. Upon receipt of said report and recommendation, the City Manager shall schedule consideration thereof by the City Manages and provide written notice to the applicant of the date such' appeal shall be considered by the City Manager which date shall be not more than thirty days following the date of receipt of such'report and recommendation. Upon the date said matter is scheduled for consideration by the City Manager, or upon any later date to which said' matter is continued not to exceed thirty days following the date such matter is scheduled for consideration, the City Manager shall grant or deny the permit decision. The decision of the City Manager with regard to any timely filed appeal shall be final." With regard to appeal of permit revocations to the City Council, subsection 4.31.210.030 is amended to provide the City Council with the option of appointing a City employee to conduct the hearing and make a recommendation to the City Council as set forth below. The revision is in Section 7 of the ordinance. .030 Any hearing required to be conducted by the City Council pursuant to this section may, at the sole discretion of the City Council, be referred to an Employee Hearing Officer, as said term is defined in subsection 1.12.110.020 of this Code, d~re~arircg-offxcer in accordance with the procedure set forth in subsection 4.31.080.050 of this Code; except that the report and recommendation shall be provided to the City Council for final determination. If the initial hearingwas conducted by an Employee Hearing Officer, a-Eity errrployee, the employee appointed by the City Council to conduct the hearing on the appeal shall not be the same as, or a subordinate of, the initial hearing officer." F. Chapter 4.72 (TAXICAB PERMITS) Existing provisions provide that the City Council issues and revokes permits: The procedures for revocation of a taxicab permit authorize the City Council to refer the matter to a hearing officer to conduct the hearing and make a recommendation. (This Chapter is only applicable until May 31, 2006, of which time all existing taxicab permits will terminate and all taxicabs will be required to have a City franchise under Chapter 4.73. 7 Subsection 4.72.060:020 has been revised to provide the Council with the alternative of appointing an Employee Hearing Officer or Stipulated Hearing Officer as set forth below. The provisions relating to taxicab permits aze set forth in Section 8 of the ordinance. " .020 The City Council may preside over the hearing, or in the altemative, the City Council may, pursuant to Section 1.12.110, appoint an Employee Hearing Officer or a Stipulated Hearing Officer, as said terms are defined in subsection 1.12.110.010 of this Code, hearing-of€reerto conduct the hearing, receive relevant evidence and submit to the City Council findings and recommendations to be considered by the City Council. The City Council shall render its decision within thirty days from the date of the revocation hearing or, in the event that a hearing officer has been appointed, the hearing officer shall submit his/her findings and recommendations to the City Council within thirty days from the date of the revocation heazing, and the City Council shall render its decision within fifteen days from the date on which the City Council receives the decision of the heazing officer. The decision of the City Council shall be final." G. Chapter 4.73 (TAXICAB FRANCHISES) Existing procedures for revocation of a nonexclusive taxicab franchise provide the City Council with the option of referring the matter to a hearing officer agreed to by the parties, with expenses shazed, to conduct the hearing an make a recommendation to the City Council. The City Council makes the final decision. No change is proposed. H. Chapter 4.82 (NEWSRACKS ON PUBLIC RIGHTS-OF-WAIF Existing provisions relating to permits for newsracks on public rights- of-way refer to Section 1.12.110. The provisions were negotiated with the industry and appear to be working. No change is proposed. I. Chapter 4.95 (FALSE ALARMS) Existing provisions relating to false alarms provide for appeals before the "Heazing Officer of the Anaheim Police Department." The Hearing Officer of the Anaheim Police Department is the Chief, according to Cristina Talley. The Hearing Officer's decision may be .appealed to the City Council. There isn't a Naas issue relating to use of a City Employee, but it leaves the Chief making the initial determination and hearing the appeal. 8 The provisions have been revised to add a definition of "Hearing ,Review Officer" to Section 4.95.010 to permit the City Manager to designate an Employee Hearing Officer who is not a subordinate ofthe Chief. The "'" definition is at Section 9 of the ordinance. "(q) "Hearing Review Officer" or "Hearing Officer" shall mean the City Manager or his designee, provided the designee is not a subordinate of the Police Chief." J. (Chapter 6.44 NUISANCES) Existing provisions for hearings on nuisances provide for "a heazing officer appointed by the City Attorney" to hold the initial hearing to determine if there's a nuisance. Appeal is to the City Council, who may refer the matter to a hearing officer pursuant to Section 1.12.110 to conduct the hearing, provided it's not the same heazing officer who heard the initial matter. The decision of the hearing officer is advisory. Section 6.44.070 relating to the nuisance hearing has been revised to provide that the Code Enforcement Manager appoints may appoint an Employee Hearing Officer, or a Stipulated Hearing Officer. he revisions of the nuisance heazing procedure aze in Section 10 of the ordinance. "6.44.070 HEARING. At the time fixed in the notice, a hearing officer appointed by the Eity-Aftarney Code Enforcement Manager shall hear the testimony of all competent persons desiring to testify respecting the condition constituting the nuisance, including the estimated cost of its abatement and any other matter which may be pertinent. The hearing officer shall be an Employee Hearing Officer or a Stipulated Hearing Officer, as said terms are defined in subsection 1.12.110.010 of this Code. At the conclusion of the hearing, the hearing officer shall determine whether or not a nuisance exists; and if the hearing officer so concludes, he may declare the conditions existing to be a nuisance and direct the person owning the property upon which the nuisance exists to abate it within thirty days after the date of posting on the premises a notice of the order. K. Chapter 6.64 (FOOD HANDLING BUSINESS) Currently, hearings related to Food Handling Business Permits are held by the "Health Officer or his or her duly authorized representative who is a qualified Environmental Health Specialist as defined..,." The Health Officer 9 is the County Health Officer or deputy or such other agency or employees designated by the City Council It appeazs that the Health Officer makes final d~:r.isions: (There is no mention of appeal to the City Council in the Chapter.) Since the existing provision provides the option of ad hoc appointment of any other agency or employee designated by the Council, Section 6.64.010 has been revised to amend the definition of "Health Officer" to provide that the Council will appoint another agency or employee only if the County Health Officer is unable or unwilling to serve. The revisions are in Section 11 of fhe ordinance. "`Health Officer' means the County Health Officer or his or her deputy or, if the County Health Officer and his or her deputy are unable or unwilling to serve as Health Officer for the City, such other agency or employees designated by the City Council." L. Chapter 6.80 (ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLES) Currently, hearings oh abandoned, wrecked, dismantled or inoperative vehicles are held before the Chief of Police or his deputy. Appeal to the City Council is silent on appointment of hearing officer, but Council could presumably appoint a hearing officer pursuant to the procedures in Section 1.12.110. No change is proposed. M. Chapter 8.08 (ANIMAL CONTROL, WELFARE AND LICENSE REQUIREMENTS) Currently, the Code Enforcement Manager or designee and/or, in some instances, the Orange County Animal Control Division/Director, make decisions relating to Animal Control, welfare and license requirements. Provisions relating to impounding of vicious animals provide that the Code Enforcement Manager may appoint a hearing officer to hold the heazing and make recommendations. Appeal is to the. City Manager. The decision of the City Manager or the Designee is final. Subsection 8.08.090.020, paragraph (h), has been amended to delete the authority to appoint a hearing officer as set forth below. The provisions relating to animal control hearings are in Section 12 of the ordinance. By 10 definition, the Code Enforcement Manager's designee must be an Employee Hearing Officer,' so no further revision is necessary. "(h) Except as otherwise provided in subsection (c) of this section, the Code Enforcement Manager or his designee shall conduct a hearing within fifteen days following receipt of a written request from the owner or custodian requesting a hearing under this section, and notice of the time, date and place thereof shall be mailed to the person requesting the hearing at the address given in the hearing request, at least ten days prior to the hearing. ____ ____-~_.~_ -_ i ___~ _ _ _.. _~_ __ ~~_____.._ .i__ n_~_ r_r____~__. N. Chapter 10.09 (NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES)) Hearings on NPDES Permits aze held before the City Manager or his or her designee, who presides at administrative hearings and makes final decisions on matters raised. As noted above in Section "M," the designee must be an Employee Hearing Officer. No changes aze proposed. O. PROMPT JUDICIAL REVIEW Subsection .030 is added to section 18.02.060 of the Code to provide prompt judicial review of zoning decisions impinging on First Amendment expression. The entice section is set forth below in order to provide context for the revisions. Subsection .020 is deleted, as it is no longer needed. The revisions are in Sections 13 and 14 of the ordinance. 18.02.060 JUDICIAL REVIEW: .010 Any court action orproceeding to attack, review, set aside, void or annul any decision concerning any zoning ordinance, amendment, reclassification, general plan amendment, conditional use permit, variance or other decision made pursuant to any provision of Title 18 of the Anaheim ' The definition of Employee Hearing Officer includes the following language: "Unless otherwise expressly provided therein, provisions in the Anaheim Municipal Code which authorize a regularly employed City employee to appoint a heazing officer shall require appointment of an Employee Hearing Officer." 11 Municipal Code, or concerning any of the proceedings, acts or determinations taken, done or made prior to such decision, or to determine the reasonableness, legality or validity of any condition attached thereto ,shall not be maintained by any person unless such action or proceeding is commenced within ninety (90) days after the date of such decision. Thereafter all persons are barred from any such action or proceeding or any defense of invalidity or unreasonableness of any such decision or of such proceedings, acts or determinations. > , ".030 Prompt Judicial Review. Notwithstanding anything in this Section to the contrary, an action or proceeding to review the issuance, revocation, suspension or denial of a permit or other entitlement for expressive conduct protected by the First Amendment to the United States Constitution shall be conducted in accordance with the provisions of Section 1094.8 of the Code of Civil Procedure." [Tracks the language in Section 1094.8.] P. Section 18.03.091 (MODIFICATION AND TERMINATION OF CUP) Heazings relating to appeals of termination of conditional use permits and variances are among the most contentious matters heard by the City Council, and have frequently been referred to a hearing officer. Currently, the City Council may refer such appeals to a hearing officer on an ad hoc basis. The ordinance requires that such hearings go to the City Hearing I Officer for advisory findings and recommendations, as set forth below. The provisions relating to such appeals are in Section 15 of the ordinance. If existing subsection .060 remains unchanged, the City Council will still have the option of appointing a hearing officer, but it will have to be an Employee Heazing Officer or a Stipulated Hearing Officer. 12 ":060 Any action of the Planning Commission pursuant to this section shall be subject to appeal to, or review by, the City Council within the same time and manner, and subject to the same procedures,` as set forth in Sections 18.03.080 through 18.03.084, inclusive, of this Code, except that appeals from a decision to terminate a"use or variance, shall be heard by the City Hearing Officer pursuant to the procedures in Section 1..12.010.020 (Procedure Applicable Where Hearing Officer Makes Advisory Recommendations to City Council). Any such appeal to, or review by, the City Council, and any determination thereon, shall be made in accordance with the provisions of this section." Q. Subsection 18.06.090.010 (PARHING VARIANCES FOR SEX- ORIENTED BUSINESSES). Chapter 18.06 has provisions relating to hearings before a hearing officer appointed by the Planning Director for parking variances for Sex- Oriented Businesses; and refers to the procedures in 18.89. As such, the decision of the Hearing Officer is final. Subsection 18.06.090.010 is revised to require such hearings to be heard by the City Hearing Officer, consistent with the revisions to Chapter 18.89, as set forth below. The provisions are in Section 16 of the ordinance, ".010 Any application for a waiver or deviation from the provisions of this chapter relating to off=street parking requirements for any sex-oriented business, as defined in Chapter 18.89.020 of this Code, shall be determined by the City Hearing Officer, as defined in subsection 1.12.110.010 of this Code $ireetar, following a duly noticed public hearing thereon held in accordance with the same procedure as set forth in subsection .040 of Section 18.89.030 of this Code which public hearing shall, upon the request of the applicant, be combined with the public hearing required for issuance of the sex-oriented business permit as required pursuant to said subsection .040 of Section 18.89:030." R. Chapter 18.89 (SEX-ORIENTED BUSINESSES) Chapter 18.89 currently provides that the Planning Director will appoint a Hearing Officer to conduct a hearing and determinate whether the application complies with the requirements for a permit. The decision of the Hearing Officer is final. 13 Subsection 18.89.030.040 (Processing of Application) is proposed to be amended to provide that the City Heazing Officer will hear matters relating to Sex-priented Businesses, as set forth below. The provisions aze "iti Section 17 of the ordinance. ".040 Processing of Application .0401 Within five (5) business days following the receipt of an application pursuant to this section, the License Collector shall determine whether said application contains all information required by the provisions of this chapter. If it is determined that said application is not complete, the owner (as defined in Section 18.89.020) shall be notified in writing within said five (5) day period that such application is not complete and the reasons therefor, including any additional information necessary to render the application complete. The owner shall be permitted to submit an amended application or provide all necessary information to render the .application complete. Within five (5) business days following the receipt of any such amended application or supplemental information, the License Collector shall again determine whether said application is complete in accordance with the procedures set forth in this subsection. Upon a determination that said application is complete, either upon itsinitiaLsubmittal or upon receipt of any amended application or supplemental information, the owner shall be notified in writing by the License Collector that the application is complete. All notices required by this subsection shall be deemed given upon the date of either (i) deposit of such notice in the course of transmission with the United States Postal Service, first class mail, postage prepaid, and addressed to the owner, or (ii) personal service of such notice upon the owner. Upon determination that the application is complete, the License Collector shall immediately transmit such completed application to the City Hearing Officer appointed pursuant to the provisions of 1.12.110 (hereinafter the "Hearing Officer") for processing in accordance with paragraphs .0402 through .0405, inclusive, of this subsection .040. .0402 The Hearing Officer shall conduct a public heazing upon said completed application. Notice of said public hearing shall be given in the manner provided for conditional use permits as set forth in Section 18.03.060 of this Code except that said public heazing shall be held within fifty (50) calendar days following the date said application was deemed complete pursuant to paragraph .0401 above, unless the Owner, or the Owner's authorized representative, expressly agrees to an extension of such period of time. Notice of the time and 14 place of the hearing shall be given to the applicant at least fifteen (15) calendaz days in advance of the date set for the public hearing. Said public hearing shall be completed by the Hearing Officer on the same" date on which it is scheduled and held unless continuance of said public hearing is expressly approved by the Owner, or the Owner's authorized representative, at or prior to the scheduled date of said public hearing. .0403 Within ten (10) calendar days following the compietion of the public hearing specified in paragraph .040? above, the Hearing Officer shall approve such application if it is determined that the requirements of this chapter have been met and if the application and evidence submitted show that the proposed sex-oriented business complies with the requirements of subsection 18,89.030.050 as hereinafter set forth; otherwise the application shall be denied. The Hearing Officer shall impose conditions upon such approval to assure compliance with the requirements of this chapter. In the event of denial of the application, the Hearing Officer shall specify in writing the grounds upon which the application is denied. Notice of the decision of the Hearing Officer shall be'given in writing to the owner, and to any other person or entity expressly requesting notice thereof, in the same manner as provided for the giving of notices in paragraph .0401 above. The decision of the Heazing Officer shall also be immediately transmitted to the License Collector for issuance or denial of the permit. The decision of the Hearing Officer shall be deemed final notwithstanding any other provision of this Code to the contrary. :0404 Immediately upon receipt of a decision by the Heazing Officer approving or conditionally approving such application, the License Collector shall issue the sex-oriented business permit to the owner. Such permit shall be deemed subject to any conditions of approval imposed by the Heazing Officer pursuant to paragraph .0403. .0405 The public hearing by the Heazing Officer specified in this subsection .040 shall be required for the initial permitapproval but shall not be required for any permit renewal pursuant to Section 18.89.060 of this chapter. _~ ~ _ .t _ ncn _C.t•_ n__t_ to nn non a__n v_ d_______l_.e __ __ _ RJ .0406 .0406 Notwithstanding anything in this Chapter 18.89 to the contrary, an action or proceeding to review the issuance, revocation, suspension or denial of a permit or other 15 entitlement for expressive conduct protected by the First Amendment to the United States Constitution shall be conducted in accordance with the provisions of Section 1094.8 of the Code of Civil Procedure, as provided by subsection 18.02.060.030 of this Code." Respectfully Submitted, JACK L. WHITE, CITY ATTORNEY x2 ~x-,~._,_J By: Selma J. Mann Assistant City Attorney 4887i.t~SmannlMary I5, 2003. c; Dave Morgan Joel Fick 16 ATTACHt1ENT - ITEM N0. R&R 1-D ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING VARIOUS SECTIONS OF THE ANAHEIM MUNICIPAL CODE. RELATING TO APPOINTMENT OF A HEARING OFFICER. '_ WHEREAS, in Hcras v. County of San Bernardino 27 Ca14th 1017; 119 Ca1.Rptr 2d 341 (2002), the California Supreme Court, found that the County of San Bemardino's unilateral selection and retention of a heazing officer, when combined with the County's payment of the hearing officer, constituted an inherent deprivation of a licensee's due process right to an impartial hearing; and WHEREAS, the Supreme Court in Haas stated that agencies that appoint temporary administrative hearing officers must do so in a way that does not create the risk that favorable decisions will be rewazded with future remunerative work; and WHEREAS, no bias has been demonstrated as a result of utilization of existing provisions of the Anaheim Municipal Code relating to appointment of a hearing officer, and the hearings conducted have resulted in impartial consideration and recommendations by the persons so appointed; and WHEREAS, the City Council wishes to conform existing language in the Anaheim Municipal Code relating to selection of a hearing officer with the requirements set forth in the Haas decision by creating the office of City Hearing Officer to hear prescribed matters arising during a designated period, thereby ensuring that the appointment does not create the possibility that favorable decisions will be rewarded. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS. SECTION 1. That Section 1.12.110 of Chapter 1.12 of Title. l of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: - "1.12.110 APPOINTMENT OF HEARING OFFICER The purpose of this Section is to identify the. types` of hearing officers used by the City when referring hearings on matters that would otherwise be under the jurisdiction of the City Council or a City officer or employee as designated in any provision of the Anaheim Municipal Code, and to establish the procedures for such. hearings, as appropriate. .010 Definitions. "City Hearing Officer." The term "City Hearing Officer" shall mean the person appointed by Resolution of the City Council to conduct hearings, receive evidence, and, in specified circumstances, make final decisions on behalf of the City. "Employee Hearing Officer." The term "Employee Hearing Officer" shall mean a regularly employed City employee appointed by either the City Council, its designee, an authorized City employee, or by operation of law, to conduct a hearing, receive evidence, and, in specified circumstances, make final decisions on behalf of the City. Unless otherwise expressly provided therein, provisions in the Anaheim Municipal Code which authorize a regularly employed City employee to appoint a hearing officer shall require appointment of an Employee Hearing Officer. "Hearing." The term "hearing" as used in this Section shall mean any proceeding required by law in which evidence is required to be taken and discretion in the determination of facts is vested in the City Council, or a designated City officer or employee, which discretion, in specified instances, is delegated to a Hearing Officer. "Hearing Officer." The term"Hearing Officer," for purposes of this Section, shall collectively include the City Hearing Officer, Employee Hearing Officers and Stipulated Hearing Officers. "Parties." The term "Parties" as used in this Section shall mean (i) the City of Anaheim and (ii) the permit or project applicant, and (iii) the owner of the property which is directly the subject of the hearing, if any. "Stipulated Hearing Officer." The term "Stipulated Hearing Officer shat] mean the person appointed, subject to mutual agreement of the Parties, to conduct a hearing, receive evidence, and in specified circumstances, make final decisions on behalf of the City. .020 Procedure Applicable Where Hearing Officer Makes Advisory Recommendation to City Council In the absence of any procedure expressly made applicable by any other provision of this code, the procedures set forth in this subsection .020 shall apply to hearings in which the Hearing Officer is required to conduct a hearing and make :advisory recommendations to the City Council .0201 The Hearing Officer shall hold such hearing within the time and manner, and notice of such hearing shall be given, as would otherwise apply had the hearing been held by the City Council. 2 .0202 The Hearing Officer shall receive evidence, both oral and written, atsuch hearing and shall prepare, or cause to be prepared, an administrati_v_e record of such hearing which record as certified by the Hearing Officer, together with the written recommendation of the Hearing Officer of the action to be taken, shall be submitted to the City Council within twenty days following the conclusion of such hearing. '_ .0203 Within thirty days following the receipt of the administrative record and written recommendation of the Hearing Officer, the City Council shall render a decision upon the matter in the manner required by law. The decision of the City Council shall be based upon the administrative record prepared by the Hearing Officer and the City Council shall not take or consider additional evidence. Notwithstanding the foregoing, oral argument shall be permitted by the City Council prior to its decision. .:.0204 To the extent the time limits and procedures set forth in this subsection .020. are inconsistent with any other provision of this code, specific time limits otherwise stated in the Code shall govern.. .0205 In the event the City Council is legally unable to act upon a matter following referral by the Hearing Officer, due to a tie vote, or the proposed motion or resolution receives more affirmative than negative votes, but falls to receive the minimum number of affirmative votes legally required for adoption, and such inability to act is the result of an abstention by one or more members of the City Council (whether legally required or otherwise), the recommendation of the Hearing Officer shall be deemed final and conclusive without further action of the City Council The City Clerk shall certify the decision of the Hearing Officer as the final decision of the City and shall mail a copy of the certification to the Parties and such other persons or entities requesting notice of such decision. .0206 Any requestfora rehearing of the decision of the Hearing Officer, so certified as the final decision of the City by the City Clerk, shall be filed with the City Clerk within the time limits specified in subsection .040 of Section 1.12.100 of this Code. .0207 The City Council shall either grant or deny any request for rehearing. In the event the City Council grants any request for rehearing for .any matter where the hearing to which the request relates was held by the Hearing Officer, such rehearing shall be held by the Hearing Officer who initially heard the matter and made the recommendation to the Council, unless otherwise mutually agreed by the Parties. 3 .030 Procedure Applicable Where Hearing Officer Makes Final Decision In matters wherein the Code specifies that the decision of the hearing officer shall be deemed final and conclusive without further action of the City Council or any subordinate body, officer or employee of the City being required, the Hearing Officer shall conduct the hearing in accordance with the procedures applicable to such matter as otherwise specifically set forth in the provisions of this Code applicable to such matter. .040 The City Council may, due to illness or any other reason, including recusal, which causes the Hearing Officer to be unable to complete a hearing and make a decision, appoint a substitute Hearing Officer to complete the hearing and make the final decision. .0401 No person appointed to be a substitute Hearing Officer, other than an Employee Hearing Officer, shall be eligible for a future appointment for a period of two years after the completion of such person's duties as Hearing Officer, except that the period of ineligibility may be waived by mutual agreement of the Parties. .0402 The substitute Hearing Officer shall review the record of the portion of the hearing already conducted and, after considering the arguments of any person, determine whether to proceed with the hearing or to commence the proceedings anew." a e > > > , e > > > 0 9 r . , s SECTION 2. (TOT APPEAL) - That subsection .030 of Section 2.12.060 of Chapter 2.12 of Title 2 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".030 If Application for Hearing is timely made, a Hearing Officer shall be j appointed by the License Collector in conformance with the provisions of subsection .040 within fifteen days of the receipt thereof to conduct a hearing within sixty days of the date of appointment of the Hearing Officer on and limited to the issues set forth in the Application for Heazing. The Hearing Officer shalt give not less than fifteen days' written notice to the operator to show cause at a time and place fixed in said notice why the amount assessed should not be fixed for such Tax. At the hearing, the operator may appear and offer evidence why the Tax assessed should not be so fixed. A rebuttable presumption shall exist at said hearing that the amount of Tax .assessed is correct and the burden of proof shall be upon the operator." SECTION 3. (TOT APPEAL) That subsection .050 of Section 2.12.060 of Chapter2.12 of Title 2 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ; " .050 For matters involving an amount in controversy of $50,000 or less, the License Collector: shall appoint an Employee Hearing Officer, or subject to agreement of the parties, the City Hearing Officer, as said terms are defined in subsection 1.12.110.020 of this Code.. > , Anaheim For matters involving an amount in controversy in excess of $50,000, the matter shall be referred to the City Hearing Officer." SECTION 4. (BUSINESS LICENSE) That Section 3.04260 of Chapter 3.04 of Title 3 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows:. "3.04.260 APPEAL. Any person aggrieved by a decision of the Collector, or any other officer of the City, made pursuant to the provisions of this Title concerning such person's business license tax, may appeal therefrom to the City Manager within fifteen 6 . - days after notice of said adverse decision by filing with the Collector a written notice of appeal, briefly stating the grounds relied upon for such appeal. If such appeal is made within the time prescribed, the Collector shall cause the matter to ` be set for hearing before the City Manager or his designee within thirty days from the date of receipt of such notice of appeal, giving the appellant not less than teri days' written notice of the time and place. of such heazing. The City Manager or his designee may appoint an Employee Hearing Officer, as said term is defined _ in subsection 1.12.110.020 of this Code, to conduct the heazing on the matter and render a written recommendation to the City Manager or his designee. The City Manager or his designee shall render a decision on the appeal no later than twenty days following completion of the heazing thereon or, in the event such heazing is held by an Employee Hearing Officer, affreer, within thirty days following completion of the hearing thereon: The findings and determinations as approved by the City Manager, or his designee shall be final and conclusive and shall not conflict with any substantive provisions of this Title.. Within five days after the City Manager's findings and determinations are made, the Collector shall give written notice thereof to the appellant: In the event no timely appeal is taken from the determinations of the Collector, any decision of the Collector shall become final and conclusive upon the expiration of the time set herein for filing an appeal." SECTION 5. (MASSAGE ESTABLISHMENTS) That subsection .030 of Section 4.29.160 of Chapter 4.29 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: «.030 Appeal. .0301 The right to appeal to the City Council shall terminate upon the expiration of fifteen (15) days from the date of mailing of the notice. Any decision of the Chief of Police, pursuant to this chapter, shall be deemed final and conclusive unless a written notice of appeal is filed with the City Clerk and the Chief of Police prior to the expiration of said fifteen (15) day appeal period.. .0302 In the event an appeal is timely filed, any suspension or revocation shall not be effective until a final decision has been rendered by the City Council: If no appeal is filed, the suspension or revocation shall become effective upon expiration of the period for filing appeals. .0303 The City Council of the City of Anaheim may preside over the hearing on appeal or, in the alternative, the City Council may, pursuant to 7 Section 1.12.110, appoint an Employee Hearing Ofticer, as said term is defined in subsection 1.12.110.020 of this Code,-lrearirtg-affteerto ............ conduct the heazing, receive relevant evidence and to submit to the City Council findings and recommendations to be considered by the City Council. The City Council shall render its decision within sixty (60) days from the date the appeal is filed with the City; or, in the event that a hearing officer has been appointed, the heazing officer shall submit his/her findings and recommendations to the City Council within sixty (60) days from the date the appeal is filed with the City and the City Council shall render its decision within fifteen (15) days from the date on which the City Council receives the findings and recommendations of the hearing officer. The decision of the City Council shall be final. The applicant shall be entitled to notice of the basis for the proposed action; a copy of the documents upon which the decision was based and the opportunity to ..present contrary evidence at the hearing. If the denial is based upon failing the test, the applicant shall be entitled to review their test at the Police. Department but shall not be entitled to a copy of the test. .0304 Notice. of the date, time and place of the hearing shall be mailed at least ten (10) days prior to the date of the hearing, by certified mail, return receipt requested, with proof of service attached, addressed to the address listed on the massage application, or massage technician application, as the case may be. .0305 No permit granted herein shall confer any vested right to any person or business for more than the permit period. All massage operators, Responsible Employees and technicians subject to this chapter shall comply with the provisions of this chapter as they maybe amended hereafter." SECTION 6. (FIGURE MODEL STUDIO ESTABLISHMENT, APPEAL OF DENIAL OF A PERMIT) That subsection .050 of Section 4.31.080 of Chapter 4.31 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: " .050 Within thirty days from the date of denial, any person denied a permit pursuant to these provisions by the License Collector may appeal such decision to the City Manager by filing a notice of appeal in writing with the License Collector stating reasons why the permit should be granted. Upon the filing of a timely appeal, the License Collector shall provide written notice to the applicant of the date such appeal shall be considered by the City Manager, which date shall not be later than thirty days following the date of such appeal, and which written notice shall be personally served or deposited in the course of transmission with the United States mail not less than ten days prior to the date of such scheduled 8 consideration by the City Manager. In the altemative, within twenty-one days following the date of such appeal, the City Manager may refer such appeal to an Employee Hearing Officer, as said term is defined in subsection 1.12..110.020 of this Code, a-heori»~; who shall, within thirty days thereafter conduct, and complete the appeal proceedings and render his or her report and recommendation to the City Manager for final determination by the City Manager. Upon receipt of said report and recommendation; the City Manager shall schedule consideration thereof by the City Manager and provide written notice to the applicant of the date such appeal shall be considered by the City Manager which date shall be not more than thirty days following the date of receipt of such report and recommendation. Upon the date said matter is scheduled for consideration by the City Manager, or upon any later date to which said matter is continued not to exceed thirty days following the date such matter is scheduled for consideration, the City Manager shall grant or deny the permit decision. The decision of the City Manager with regazd to any timely filed appeal shall be final." SECTION 7. (FIGURE MODEL STUDIO ESTABLISHMENT, APPEAL OF REVOCATION OF PERMIT) That subsection .030 of Section 431.210 of Chapter 4.31 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: " .030 Any hearing required to be conducted by the City Council pursuant to this section may, at the sole discretion of the City Council, be referred to an Employee Hearing Officer, as said term is defined in subsection 1.12.110.020 of this Code; xhearn~g-affreer in accordance with the procedure set forth in subsection 4.31.080.050 of this Code; except that the report and recommendation shall be provided to the City Council for final' determination: If the initial hearing was conducted by an Employee Hearing Officer, a-Eityempfopee, the employee appointed by the City Council to conduct the hearing on the appeal shall not be the same as, or a subordinate of, the initial hearing offices" SECTION 8. (TAXICAB PERMITS) That subsection .020 of Section 4.72.060 of Chapter 4.72 of Title 4 of the Anaheim Municipal Code be, and the same is hereby; amended to read as follows: .020 The City Council may preside over the hearing, or in the altemative; the City Council may, pursuant to .Section 1.12.110, appoint an Employee Hearing Officer or a Stipulated Hearing Officer, as said terms are defined in subsection 1.12.110.010 bf this C6de, hearittgbffeei• to conduct the hearing, receive relevant evidence and submit to the City Council findings and 9 recommendations to be considered by the City Council. The City Council shall render its decision within thirty days from the date of the revocation hearing or, in the event that a hearing officer has been appointed, the hearing officer shall submit his/her findings and recommendations to the City Council within thirty days from the date of the revocation hearing, and the City Council shall render its decision within fifteen days from the date on which the City Council receives the decision of the hearing officer. The decision of the City Council shall be final." SECTION 9 (FALSE ALARMS) That new subsection (q) of Section 4.95.010 of Chapter 4.95 of Title 4 of the Anaheim Municipal code be, and the same is hereby, added to read as follows: "(q) "Hearing Review Officer" or "Hearing Officer" shall mean the City Manager of his designee, provided the designee is not a subordinate of the Police Chief" SECTION 10. (NUISANCES) That Section 6.44.070 of Chapter 6.44 of Title 6 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "6.44.070 HEARING. At the time fixed in the notice, a hearing officer appointed by the E-itp~ttamep Code Enforcement Manager shall hear. the testimony of all competent persons desiring to testify respecting the condition constituting the nuisance, including the estimated cost of its abatement and any other matter which may be pertinent.. The hearing officer shall be an Employee Hearing Officer or a Stipulated Hearing Officer, as said terms are defined in subsection 1.12.110.010 of this Code. At the conclusion of the hearing, the hearing officer: shall determine whether or not a nuisance exists; and if the hearing officer so concludes, he may declare the conditions existing to be a nuisance .and direct the person owning the property upon which the nuisance exists to abate it within thirty days after the date of posting on the premises a notice of the order." SECTION 11. (FOOD HANDLING BUSINESSES) That Section 6.64.010 of Chapter 6.64 of Title 6 of the Anaheim Municipal Code be, and the same is hereby, amended (to amend the definition of "Health Officer") to read as follows: "`Health Officer' means the County Health Officer or his or her deputy or, if the County Health Officer and his or her deputy are unable or unwilling to serve 10 as Health Officer for the City, such other agency or employees designated by the City Council." SECTION 12. (ANIMAL CONTROL) That paragraph (h) of subsection .020 of Section 8.08.090 of Chapter 8.08 of Title 8 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "(h) Except as otherwise provided in subsection (c) of this section, the Code Enforcement Manager or his designee shall conduct a hearing within fifreen days following receipt of a written request from the owner or custodian requesting a hearing under this section, and notice of the time; date and place thereof shall be mailed to the person requesting the hearing at the address given in the hearing request, at least'ten days prior to the hearing: SECTION 13. (PROMPT JUDICIAL REVIEW) That subsection ..020 of Section 18.02.060 of Chapter 18.02 of Title 18 of the P,naheim Municipal Code be, and the same is hereby, deleted. ,_ > , SECTION 14. (PROMPT JUDICIAL REVIEW) That new subsection .030 be, and the same is hereby, .added to Section 18.02.060 of Chapter 18.02 of Title 18 of the Anaheim Municipal Code to read as follows:. .030 Prompt Judicial Review. Nohvithstanding anything in this Section to the contrary, an action or proceeding to review the issuance, revocation, suspension or denial of a permit or other entitlement for expressive conduct protected by the First Amendment to the United States Constitution shall be 11 conducted in accordance with the provisions of Section 1094.8 of the Code of Civil Procedure." [Tracks the language in Section 1094.8] SECTION 15. (MODIFICATION & TERMINATION OF CUP) That subsection .060 of Section 18.03.091 of Chapter 18.03 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .060 Any action of the Planning Commission pursuant to this section shall be subject to appeal to, or review by, the City Council within the same time and manner, and subject to the same procedures, as set forth in Sections 18.03.080 through 18:03:084, inclusive, of this Code, except that appeals from a decision to terminate a use or variance, shall be heard by the City Hearing Officer pursuant to the procedures in Section 1.12.010.020 (Procedure Applicable Where Hearing Officer Makes Advisory Recommendations to City Council). Any such appeal to, or review by, the City Council, and any determination thereon„shall be made in accordance with the provisions of this section. SECTION 16 (PARHING VARIANCES FOR SEX-ORIENTED BUSINESSES) That subsection .010 of Section 18.06.090 of Chapter 18.06 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".010 Any application for a waiver or deviation from the provisions of this chapter relating to off-street parking requirements for any sex-oriented business, as defined in Chapter 18.89.020 of this Code; shall be determined by the City Hearing Officer, as defined in subsection 1.12.110.010 of this Code, following a duly noticed public hearing thereon held in accordance with the same procedure as set forth in subsection .040 of Section 18.89.030 of this Code which public hearing shaA; upon the request of the applicant, be combined with the public hearing required for issuance of the sex-oriented business permit as required pursuant to said subsection .040 of Section 18.89.030." SECTION 17. (SEX-ORIENTED BUSINESSES): That subsection 18.89A30.040 of Section 18.89.030 of Chapter 18.89 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended (to revise paragraphs .0401 and .0406) to read as follows: ".040 Processing of Application .0401 Within ftve (5) business days following the receipt of an application pursuant to this section, the License Collector shall determine whether said application 12 contains all information required by the provisions of this chapter. If it is determined that said application is not complete, the owner (as defined in Section 18.89.020) shall be notified in writing within said five (5) day period that such application is not complete- - and the reasons therefor, including any additional infornation necessary to render the application complete. The owner shall be permitted to submit an amended application or provide all necessary information to render the application complete.. Within five (5) business days following the receipt of any such amended application or supplemental information, the License Collector shall again determine whether said application is complete in accordance with the procedures set forth in this subsection. Upon determination that the application is complete, the License Collector shall immediately transmit such completed application to the City Hearing Officer appointed pursuant to the provisions of 1.12.110 (hereinafter the."Hearing Officer") for processing in .accordance with paragraphs .0402 through .0405, inclusive, of this subsection .040. .0402, The Hearing Officer shall conduct a public heazing upon said completed application. Notice of said public hearing shall be given in the manner provided for conditional use permits as set forth in Section 18.03.060 of this Code except that said public hearing shall be held within fifty (50) calendar days following the date said application was deemed complete pursuant to paragraph .0401 above, unless the Owner, or the Owner's authorized representative, expressly agrees to an extension of such period of time. Notice of the time and place of the hearing shall be given;o the applicant at least fifreen (15) calendar days in advance of the date set for the public hearing.. Said public hearing shall be completed by the Heazing Officer on the same date on which it is scheduled and held unless continuance of said public hearing is expressly approved by the Owner, or the Owner's authorized representative, at or prior to the scheduled date of said public hearing. A403 Within ten (10) calendar days following the completion of the public hearing specified in paragraph .0402 above, the Hearing Officer shall approve such application if it is determined that the requirements of this chapter have been met and if the application and evidence submitted show that the proposed sex-oriented business complies with the requirements of subsection 18.89.030.050 as hereinafer set forth; otherwise the application shall be denied. The Hearing Officer shall impose conditions upon such approval to assure compliance with the requirements of this chapter. In the event of denial of the application, the Heazing Officer shall specify in writing the grounds upon which the application is denied. Notice of the decision of the Hearing Officer shall be given in writing to the owner, and to any other person or entity expressly requesting notice thereof, in the same manner as provided for the giving of notices in paragraph .0401 above. The decision of the Hearing Officer shall also be immediatelySransmitted to the License Collector for issuance or denial of the permit. The decision of the Heazing Officer shall be deemed final notwithstanding any other provision of this Code to the. contrary. 13 .0404 Immediately upon receipt of a decision by the Heazing Officer approving or conditionally approving such application, the License Collector shall issue the sex-oriented business permit to the owner. Such permit shall be deemed subject"to any conditions of approval imposed by the Hearing Officer pursuant to pazagraph .0403. .0405 The public hearing by the Hearing Officer specified in this subsection .040 ', shall be required for the initial permit approval but shall not be required for any permit renewal pursuant to Section 18.89.060 ofthis chapter. ~. .0406 Notwithstanding anything in this Chapter 18.89 to the contrary, an action or proceeding to review the issuance, revocation, suslr~ nsion or denial of a p€sr~roit or other entitlement for expressive conduct protected by the First A=,endment to the United States Constitution shall be conducted in accordance with the provisions of Section 1094.8 of the Code of Civil Procedure, as provided by subsection 18.02.060.030 ofthis Code." SECTION 18. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word ofthis 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 19. SAVINGS CLAUSE Neither the adoption ofthis ocdinancehor the repeal ofany other ordinance ofthis 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 ofthis 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 20. 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 ofthis ordinance. Any person, firm or corporation violating any provision ofthis 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, 14 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. 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 48119.3\smannUvtay I5, 2003 15 I 1 LIl m Conditional Use Permit No. 2681 TRACKING NO. CUP2003-04682 Subject Property Date: May 5, 2003 Scale: 1" = 200' Requested By: ROBSHAN INC. Q.S. No. 146 REQUEST REINSTATEMENT OF THIS PERMIT BY THE MODIFICATION OR DELETION OF A CONDITION OF APPROVAL PERTAINING TO A TIME LIMITATION (APPROVED ON APRIL 8, 2002 TO EXPIRE MARCH 26, 2003) TO RETAIN APREVIOUSLY-APPROVED RESTAURANT WITH SALES OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION WITH THREE BILLIARD TABLES AND PUBLIC ENTERTAINMENT WITH A COVER CHARGE. 480 North Glassell Street -Press Box Sports Bar and Grill 653 Staff Report to the Planning"Commission May 19;2003 Item Noi 2 2a CEQA NEGATIVE DECLARATION (PREVIOUSLY APPROVED) (Motion) 2b' 'CONDITIONAL USE PERMIT NO' 2661 (Resolution) ; {TRACKING NO;!CUP2003-04682) i SITE LOCATION AND DESCRIPTION: (1) + This irregularly-shaped, 0.59-acre property is located at the southeast comer of Glassell Street antl Frontera"Street, having frontages of 155 feet on the east side'of Glassell Street 1 and 152 feet on thesouth side' Frontera Street (480 North Glassell Street -Press Box Sports Bar and Grill). REQUEST: (2) The petitioner requests reinstatement of this permitpy the modification or deletion of a condition bf approval pertaining to a timeJimitationi (approved:on April 6;.2002, to expire on '' March 26, 2003) to'~etain a previously-approved restaurant with sales of alcoholic beverages for on-premises consumption`with three billiard tables and public entertainment ' with a cover charge;under authority of Code Section 18.03:093. BACKGROUND: (3) This property is developed with a 5,500 square-footrestaurant and is zoned SP94-1; Development Area: 5 (Northeast Area Specific Plan;, Commercial Area). -The Anaheim General Plan Land Use Element Map`indicates this property'is designated for General Industrial land uses. (4) This item was continued from the May 5, 2003, Planning Commission meeting in order: r for the applicant to provide certified documents-indicating the gross sales of food and- alcoholic beverages for a three (3) month period. (5) Surrounding land uses are as`follows: Dieection' Land'-.Use 'Zoning General Plan Desi nation NortR(across Frontera Riverside Freeway Freeway Street East Hdtel SP94-1; DA 1' General'Industrial South Santa Ana River = RivedWater Uses Coon of Oran a `' West(across Glassell Apartments 'RM-1200 Medium Density Street) Residential (6) Conditional Use Permit No. 2681 (to permit asemi-enclosed freestanding restaurant with " on-premises sale and consumption of alcoholic beverages with waiver of minimum number of parking spaces) was approved by the Planning Commission on May 13, 1985. A number$f reinstatements have been approved by the Commission on March 29, 1999, March 26, 2001, and April 8,.2002. On April 8, 2002, the Commission approved sr860fav `,Page 1 Staff Report o the 'Planning Commission ? May 19, 2003 Item No. 2 reinstatement of this permit to retain the public entertainment with'a cover charge in conjunction with the restaurant with sales of alcoholic beverages for on-premises consumption for one (1) year. Condition No.' 1 of Resolution No. PC2002-52 states: "1. That the entitlement for three (3) billiard tables and public entertainment, i including the cover charge, shall expire on March!26, 2003 "DISCUSSION: (7) This item was continued from the May 5,2003, Planning Commission meeting in order for the applicant to submit documentation indicating percentage. sales of food and alcoholic beverages for a three (3) month period. Staff has received certified documentation verifying that the sales of alcoholic!beverages has not exceededthe allowable 40 percent. !Therefore, staff has determined that the petitioner is in compliance'with all conditions'of approval. (6) The petitioner is requesting reinstatement of this permit and deletion of the time limit to retain public entertainment with cover charge and three billiard tattles in conjunction with a restaurant with on-premises sale and consumption of alcoholic beverages. In order to'i demonstrate he findings required for reinstatement of his use have been satisfied, the petitioner has submitted the attached Justification for Reinstatement, indicating that since the last reinstatement, the surounding land uses have not changed, the operation of the restaurant has remained consistent and that all conditions of approval have been complied with. (9) Tfte Commission may wish to note that a restaurant, with or without alcoholic beverages, and public entertainment (defined;by Code as "a restaurant, with or without on-premises sale and consumption of alcoholic'beverages, wherein music and/or live entertainment. is provided for patrons to dance or othervvise be entertained, which is regularly open to the public upon the payment of a cover charge or admittance fee, and is not asex-oriented business as defined in Section 18:89.020 ofthis code. Public entertainment is, and shall at ailaimes be, :accessory to the primary restaurant use") is permitted within the SP94-1; DA 5 Zone, subject to the approval of a'conditional use permit. Staff considers this facility a' restaurant with on-premises sale and consumption of alcoholic beverages and public entertainment - not a public dance hall. (10) In a memorandum dated April 9,2003, the Code Enforcement Division indicates the restaurant isn substantial compliance with Conditional Use Permit No. 2681 and there are no active code enforcement violations pertaining to this property. Further,. Business License Division records indicate a valid business license, and valid entertainment, dinner dance and billiard table permits for this restaurant. (11) Site inspections reveal that the property is well maintained, with the above ground electrical equipment (located east of the patio area) screened byshrubs. The restaurant is in compliance with conditions of approval of Conditional Use PermifNo. 268L' (12) In the attached memorandum dated April 6, 2003, the Police Department indicates this reporting district has a'crime rate385 percent above the City average. Between March .2002 and March 2003, here were 13 calls for service for this business, including 1 petty theft, 2 trespassing, 1 robbery, 1 robbery alarm stlent,'1 assault, 1 hit and run misdemeanor, 1 suspicious circumstance, 7 disturbances, 1 keep the peace, 1 fight, and 1 Page 2 Staff Report to the Planning Commission May 19 2003 Item No72 hit and run parked vehicle. Of hese 13 calls, 4 reports related to the business were ;.generated, consisting of 1 petty theft, 1'assault and battery, 1',traffic accident and one hit !and run parked vehicle. The following is a comparison of the current crime statistics for the property with the last two reinstatement periods: Reporting Period February 2000 to Februa 2001 I February2001 to Februa `'2002 March 2002 to March 2003 '..Calls for. service 64 25 ' 13 Crime Rate (% above 119% 205% 385% 'City average) Although the crime rate for this reporting iiistrict has steadily increased over the past three years, the calls for service for this property have Decreased. 'Therefore] the Police6 Department does not oppose this reinstatement or the deletioh of the time limit provided the `conditions of approval are complied with:; (13) Should the Commission approve this reinstatement, Police Departmenfand Code Enforcement Division staff will'continue to monitor the facility;to ensure. that the business complies with Code`and conditions of approval for public safety. ENVIRONMENTAL IMPACT ANALYSIS: (14) ;Staff has reviewed the proposal to reinstate public entertainment, three billiard tables and to allow cover charge'for eventsn conjunction with apreviously-approved7estaurantwith sales' of alcoholic beverages for on-premises consumption, and finds no significant adverse environmental impacts resulting from any changes to the existing project. Therefore, staff recammehds that the previously-approved Negative Declaration in connection with`: i Conditional Use Permit No. 2681 serve as the required environmental documentation for this: request upon a finding by the Commission that the Negative Declaratlon'reflects the independent judgment of the lead agency and that it has considered theNegative Declaration together with any comments received during the public review. process and further finding om `the basis: of the Initial Study (aj copy of which is available for review in the Planning; Department) and any comments received that there is no substantial evidence that the project will have a sjgn~cant effect on the environment. GROWTH MANAGEMENT ELEMENTANALYSIS: (15) The proposed project has been reviewed by affected City departments to determine whether it conforms with the;Citys Growth Management Element adopted by the,City Council on March 17, 1992. Based on City staff review of the proposed project, it has been determined that this project does not fit within the scope necessary to require a Growth Management Element analysis, therefore, no analysis has been performed: FINDINGS: (16) :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: S Page 3 Staff Reportto the Planning Commission May 19, 2003 .Item No. 2 (a)1 That the proposed use is properly one for which' a conditional use permit is authorized by the Zoning Code, or that said use'is not listed therein as,being a permitted use; (b} That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area'in which it is proposed 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 tpthe peace; health, safety, and"general welfare; (d) That the traffic generated by the proposed use will not impose an undue burden` uporethe streets.: and highways designed and improved to carry the fraffic in the` area; and (e)j That the granting of the conditional use permit under the conditions imposed, ifany, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. (17) Subsection 18.03.093.040 of the Zoning Code requires that before the Commission grants reinstatement of the approval by extension, modification or deletion, the applicant must present evidence to establish the following findings: (a) The facts necessary to support each and every required showing for the issuance of such entitlementas set forth in this chapter exist; (b) ! Said permit Is being exercised substantially in the same manner and in conformance with all conditions and stipulations originally approved by the approval body; (c)' Said permit is being exercised in a manner not detrimental to the particular area and surrounding land uses, nor o the public peace, health, safety and general welfare; and (d) With regard only;to any deletion of a time Ilmitatpn, such deletion is necessary to permit reasonable operation under the permit as granted. RECOMMENDATION: (18) Staff recommends that, unless additional or contrary information Is received during thee: meeting, and based upon the evidence submitted to the Commission, including the evidence presented in this staff report, and peal and written evidence presented at the public hearing, the Commission take the following actions: (a); By motion, determ(ne that the previously-approved Negative Declaration is adequate to serve as the required environmental documentation for this request. (b); By resolution, approve this bequest for reinstatement of Conditional Use Permit No. 2681 (Tracking No. CUP2003-04682)'to retain three billiartl tables and public entertainment with a cover charge in conjunction with apreviously-approved restaurant with sales of alcoholic beverages for pn-premises consumption, based on the following: Page 4 Staff Report to the Planning Commission z May 19, 2003 Item No. 2 (i) That this permit is currently being exercised substantially ih the same manner and in conformance with all'conditions and stipulations originally approved by the Planning Commission as required"by Subsection 18.03.093.040 of the Zoning Code. (ii) That field Inspections by Code Enforcement and'Zoning Division staff indicate that the property is currently demonstrating compliance with all conditions of approval. (iii) That the size and shape of the site is adequate to allow this use and the business is being operated in a manner, which is not detrimental to he surrounding area or land uses, nor to the public peace, health, safety and general welfare..: (iv) That without the deletion of the time limitation, the public entertainment and billiard table portions of this: restaurant facility would not be allowed of this property withoutadditional7einstatement requests for this permit. (c) Staff further recommends that the conditions of approval contained in Resolution No. PC2002-52 be incorporated into'a new resolution witH the following conditions of approval (Condition Nos. 16, 24'and 25 are new); 1.' That the hours of operation shall be limited to the following:; :Monday -Thursday 11:00 a:m. -1:00 a.m. Friday -Saturday 11:00 aim, - 2:00 a.m. Sunday 1:00 p.m. - 10:00 p.m. 2: That trash storage areas shall be maintained in a location acceptable o the Public W orks Department, Streets and Sanitation Division and in accordance with approved plans on file'with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streetsror 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. 3 That in the event a parcel map to subdivide subject property is recorded, an unsubordinated restricted covenantproviding reciprocal access and'parking, approved by the: City Traffic and Transportation Managerand Zoning Division and in a form satisfactory to the CityAttomey,'shall be recorded with the Office of the Orange County Recorder A copy pf the recorded covenant shall then be submitted to the Zoning Division. In addition, provisions shall be made in the covenant to guarantee that the entire complex'shall be managed and maintained as one (1),integral parcel for purposes ofparking, vehicular circulation, signage, maintenance, land usage and architectural control, and that the covenant shall bs'referenced'in all deeds transfemng all orany part of the interest in the property:.: 4i That all air conditioning facilities and other roof and ground mounted.'. equipment shaifbe properly shielded from view.: Page 5 Staff Report to the Planning Commission ..May tg; 2003 Item No. 2 5. That the proposal shall comply with all signing requirements of3he SP94-1; Development Area S{NortheastArea Specific Plan; Commercial Area) Zone unless a variance allowing sign waivers is;approved by the Planning Commission. 6. That the establishment shall bebperated as a "Bona Fide Public Eating Place" asdefined by Section'23038 of the California Business and Professions Code. 7. That there'shall be no bar or lounge maintained on the property unless licensed by Alcoholic Beverage Control and approvetl by the: City of Anaheim. 8. That food service with a full meal shall be available from opening time until closing time, on each day of operation. 9. That there shall be no more than three (3)' pool tables maintained upon the premises at any time's 10. That subject alcoholic beveragelicense shall not be exchanged for a public 'premises (bar) type license nor shall the establishment be operated as a public premise asdefined in Section 23039 of the California Business and :'.Professions Code. 11, That the sales of alcoholic beverages shall: not exceed 40% of the gross sales of all retail'sales during any three (3) month period.: The applicant shall maintain records on a quarterlybasis indicating the separate amounts of'sales of alcoholic beverages and other' items. These records shall be certified'as tieing true and accurate and shall be made available; subject to audit and; when requested inspection by any City of Anaheim official during reasonable business hours. 12. That there shall be no live entertainment, amplfied music or dancing permitted on the premises at any time without issuance of proper permits'as required by the Anaheim Municipal Code. 13. That the sales of alcoholic beverages for consumption off the premises shall tie prohibited. 14. That thereshall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the: availabiltty'of alcohol'beverages' with the exception of one (1)'srgn indicating "cocktails". 15. That the activities occurring in conjunction with the operation of is 'establishment shall not cause noise distu~tiance to surrounding properties. 16. That at alf times when entertainment or'dancing is permitted, security measures'shall be provided to the satisfaction b£the ~4naheim Police Department to deter'unlawful conduct on the part of employees or patrons, and promote the safe and orderly assembly and movemehtof Page 8 Staff Report to the' i Planning Commission May 19 2003 Item No: 2 persons and vehicles, and to prevent disturbance to the neighborhood by excessive noise created by patrons entering or leaving the premises. 17. That the parking lot serving the premises shall be maintained with decorative lighting of sufficient power to illuminate and make easily discernible the appearance and'conduct of all persons on or about the parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not , to urneasonably illuminate the windows of nearby residences. 18. That the business operatoYshali comply with Section 24200.5 of the Business and Professions Code so as not to employ or permit any persons to solicitor encourage others; directrybr indirectly, to buy them drinks<in the licensed premises under any commission, percentage, salary, or otfierpmfit-sharing plan, cheme orconspiracy. 19. That all doors serving subject restaurant shall conform to the requirements of the Uniform Fire Code and shall be kept closed and unlocked at all times during. hours of operation except for ingress/egress, to permit deliveries and in cases of emergency. 20. That there shall be no public telephones on the premises located outside the building. 21. That the business owner shall notify the Anaheim Police Department,: Vice Detail, thirty (30)', days in advance of any entertainment event at this location furnished by an outside promoter. This notice shall include the name, address and phone numtier of the promoter and detailed' information on the type of event including dates, hours, anticipated attendance and nature of event. No unauthorized offsite signage shall be permitted in conjunction with any event. 22. That the public entertainment shall belimited to Tuesday through Saturday nightsfrom S p.m. to closing. Any change to this schedule shall be reviewed and approved by;the Planning Commission as a Reports and Recommendations item. 23. That subject property shall be developed and maintained substantially in accordance with plans and: specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning.: Department marked ExhibitNos. 1 through 4, and as conditioned herein. 24. That the use of all pyrotechnical material, special effects, and fireworks shall' be permitted only if and to the extent, approvedby the Anaheim Fire Department prior to their use. 25. That any and ali security officers provided shall comply with alt State and Locai ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Businesscand Profession Code (Section 4.16.070 Anaheim' Aflunicipaf Code). 26. That approval of this application constitutes approval of the proposedrequest only to the extent that it complies with the Anahaim Municipal Zoning Code `Page 7 Staff Report to the Planning Commission May 19,.2003 Item No. 2 and any other applicable City, State and Federal regulations. Approval does i not include any action or findings as to compliance or approval'of the request (regarding any other applicable ordinance?;Yegulation'or requirement. Page 8 ATTACHf1ENT - ITEM N0. 2 - PETITIONER'S STATEMENT' JUSTIFICATION FOR REINSTATEnIIENT ' ° Section 18.03.093 of the Anaheim Municipal Code requires that before any conditional use permit or variance containing a time limitation can be reinstated for an additional pedod of time, or before such time limitation may be deleted or modified by the Planning Commission or Zoning Administrator, the following must be shown: 1. The facts necessary to support each and every required showing for the issuance of such entitlement as set forth in - the following excerpts from the Anaheim Zoning Code still exist: 18.03.030 (Relative to Conditional Use Permits) eefore the City Council or Planning Commission may grant any request for abonditional use permit, it must make a finding of fact, by resolution, that the evidence presented shows that all of the following exist: .031 That the proposed use is propedy one for which a conditionalUSe permit is authorized by this code, or is not listed herein as being a permitted use; .032 That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which i[ is proposed to be located; :033 ThaYthe size and shape of the site proposed for the use is adequate to allow [he full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare; :034 That the traffic generated by the proposed use will not Impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; .035 That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the peace, health, safety ahd general welfare of the citizens of the City of Anaheim; 18.03.040 (Relative to Variances) Before any variance may be granted by the Planning Commission it shall be shown: .031 That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; .032 That, because of special circumstances shown in .031, strict application of the zoning code deprives the property of privileges enjoyed by other. property under identical zoning classification in the vicinity. 2. Said permit or variance is being exercised substantially in the same manner and in conformance with all conditions and stipulations originally approved by the approval body;. 3. Said permit or variance is being exercised ih a manner nofdefrimental to the particular area and surrounding land uses, nor to the public peace, health, safety and general welfare; and 4, With regard only to any deletion ofa time limitatioh, such deletion'is necessary to permit reasonable operation under the permit or variance as granted. ° In order to determine if such findings exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer the following questions fully and as complete as possible. Attach additional sheets if additional soace is needed 1. Has any physical aspect of the property for which this use permit or variance been granted changed significantly since the issu~an/c'e of this use pe/rmit or variance? O YES ~NO Explain:. /V t7' Z~ L~L' S (over) CASEN ~~~' 2. Have th`e )and uses in the immediate vicinity changed since the issuance of this use permit or variance? ^YES f$NO 'y /' ~/ Explain: ` N ~~ /7~ ~4is ~ L7n-iLJ2S E~ - 3. Has any sped of the nature of the operation changed since the issuance of this use permit or variance? YES I~PtO Explain:/ `~f~ . ~ _ ~~ 4. Are the conditions of approval pertaining t//o th~~eu~se/permit or variance being co~plied with? DYES ^ NO Explain: lLllC~.r~it~~~riLS ~('d'~i~6~~ C:~di'7~G/~~/~ , 5. If you are requesting a deletion of the time limitation, is this deletion necessary for the continued operation of this use .,~,.~~~,.~o~ d5 vGC n nin 206225JK.000 12197 CASE 2 ATTACHMENT - ITEH N0, 2 RESOLUTION NO. PC2002-52 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 2681, AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2001-36, ADOPTED THEREWITH WHEREAS, on May 13, 1985, the Planning Commission, by its Resolution No. PC85-124, - approved Conditional Use Permit No. 2681 to permit an enclosed freestanding restaurant with on- premises sale and consumption of alcoholic beverages and waiver of minimum number of parking spaces at 480 North Glassell Street; and WHEREAS, on January 24, 1994, the Planning Commission, by its Resolution No. PC94-9, amended the above-mentioned Resolution. No. PC85-124 to permit four billiard tables in the existing restaurant with on-premises sale and consumption of alcoholic beverages for five years until January 24, 1999; and..: WHEREAS, on December 8, 1997, the Planning Commission, by its Resolution No. PC97- 172, amended the above-mentioned resolutions to permit live entertainment in the existing restaurant for 18 months until December 2Q 1997; and WHEREAS, on March 29, 1999, the. Planning Commission; by its Resolution No. PC99-59, amended the above-mentioned resolutions and reinstated the live entertainment with dinner dancing and the three billiard tables in the restaurant until March 29, 2001; and WHEREAS, on March 26, 2001, the Planning Commission, by its Resolution Nd. PC2001- 36, amended the above-mentioned resolutions to reinstate the live entertainment with dinner dancing and the three billiard tables in the restaurant until March 26, 2002; and WHEREAS, this property is developed with a 5,500 sq.ft. restaurant (Press Box Sports Bar and Grill) in Development Area 1 (Industrial Area) of the Northeast Area Specific Plan No. SP94-1; that the Anaheim General Plan designates this property for General Industrial land uses; and that the ', property is located in the Redevelopment Alpha Project Area; and , WHEREAS, the petitioner has requested reinstatement of this conditional use permit, which under Condition No. 1 of Resolution No. PC2001-36 expires on-March 26, 2002, to retain the previously- approved restaurant with sale of alcoholic beverages for on-premises consumption and with three billiard tables, and to add public entertainment (i.e., cover charge); and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 8, 2002, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Cade, Chapter 18.03, to hear and consider evidence for and against said proposed amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts:.. 1. That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code. 2. That the proposal, as amended, will not adversely affect the adjoining land uses and the growth and development of the area in which it is located. C R5334DM.doc -1- PC2001-52 3. That the size and shape df the site for the proposal is adequate to allow full development of the use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 4. That the traffic generated by the use v/ill not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area, 5. That granting this reinstatement, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 6: That this conditional use permit is being exercised in substantially the same manner and in conformance with all conditions and stipulations originally approved by the Planning Commission. 7. That this conditional use permit is being exercised in a manner not detrimental to the particular area and surrounding land uses; nor to the public peace, health, safety and general welfare. 8. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: Thatthe Anaheim City Planning Commission has reviewed the proposal to reinstate this conditional use permit to retain the restaurant at 480 North Glassell Street (Press Box Sports Bar and Grill) with the sale of alcoholic beverages for on-premises consumption and with three billiard tables and public entertainment (i.e., cover charge); and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 2681 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the previously approved Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial.study and any comments received that there is no substantial evidence that the project will .have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby reinstate Conditional Use Permit No. 2681 for one (1) year to expire on March 26, 2003, to retain the restaurant with sales of alcoholic beverages for on premises consumption with three billiard tables and public entertainment (i.e. cover charge); AND BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does herebyamend, the conditions of approval; in their entirety, to read as follows: 1. That the entitlement for three (3) billiard tables and public entertainment, including a cover charge, shall expire on March 26, 2003. 2. That the hours of operation shall be limited to the following. Monday -Thursday: 11:00 a.m. - 1:00 a.m: Friday -Saturday 11:00 a.m. - 2:00 a.m. Sunday 1:00 p.m. - 10:00 p.m: 3. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plants such as minimum one (1) gallon sized clinging vinesplanted on maximum three (3) foot centers or tall shrubbery. -2- PC2002-52 ,~ 4. That in the eveht a parcel map tb subdivide subject properly is recorded, an uhsubordinated restricted covenant providing reciprocal access and parking, approved by the Ciiy Traffic and. . _, Transportation Manager and the Zoning Division and in a form satisfactory to the City Attorney, shall be recorded with the Office of the Orange County Recorder. A copy of the recorded covenant shall then be submitted to the Zoning Division. In addition, provisions shall be made in the covenant to guarantee that the ehtire cdmplez shall be managed and maintained as one (1) integral parcel for purposes of parking; vehicular circulation, slgnage, maintenance, land usage and architectural control, and that the covenant shall be referenced ih all tleeds trahsferring all or any part of the interest in the property. 5. That all airbonditioning facilities ahd other roof and ground mounted equipment shall be properly shielded from view. 6. That the proposal shall comply with aII signing requirements for Development Area 1 (Industrial Area) of the SP94-1 (Northeast Area Specific Plan) Zone unless a variance allowing sign waivers is approved by the Planning Commission or City Council. 7. That the establishmeht shall be operated as a "bona fide public eating place" as defined by Section 23038 of the California Business and Professions Code. 8. That there shall be no bar or lounge maintained on the property unless licensed by the Department of Alcoholic Beverage Control ("ABC") and approved by the City of Anaheim. 9. That food service with a full meal shall be available from opening time until closing time, on each day of operation. 10: That there sfiall be no more than three (3) pool tables maintained upon the premises at any time. 11. That subject alcoholic beverage license sfiall not be exchanged for a public premises (bar) type license nor shall the establishment be operated as a "public premises" as defined in Section 23039 of the California Business and Professions Code. 12 That the sale of aldofidlic beverages shall hot exceed forty percent (40%} of the gross sales of all retail sales during any three (3) month period: The applicant shall maintain records on a quarterly basis indicating the separate amounts of sales of alcoholic beverages and other items. These records sfiall be made available; subjectto audit and, when requested Inspection by any City of Anaheim official during reasonable business hours. - 13. That there shall be no live entertainment, amplified music or dancing permitted on the premises at any time without issuance of proper permits as required by the Anaheim Municipal Code. 14. That the sale of alcoholic beverages for consumption off the premises shall be prohibited. 15. That there shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcohol beverages, with the exception of one (1) sign indicating "cocktails " 16. That the activities occurring in conjunction with the operation of this establishment shall not cause noise disturbance to surrounding properties. 17. That at all times when entertainment, dancing andlor a cover charge is .permitted, a minimum of two (2) uniformed security officers shall be provided to the satisfaction of the Anaheim Police Department to deter unlawful conduct on the part of employees or patrons, and promote the safe and orderly assembly and movement of persons and vehicles, and prevent disturbance to the neighborhood by excessive noise created by patrons entering or leaving the premises. -3- PC2002-52 18. That the parking lot serving the premises shall be maintained with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons an or about the parking lot Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the windows of nearby residences, 19. That the business operator shall comply with Section 24200.5 of the Business and Professions Code so as not to employ or permit any persons to solicit or encourage others, direotly or' indirectly, to buy them'drinks in the licensed premises under any commission, percentage, salary, or other profit- ', sharing plan, scheme or conspiracy. 20. That all doors serving subject restaurant shall conform to the requirements of the Uniform Fire Code and shall be kept closed and unlocked at all times during hours of operation except for ingresslegress, to permit deliveries and in cases of emergency. 21. That there shall be no public telephones on the premises located outside thebuilding. 22. That the business owner shall notify the Anaheim Police Department, Vice Detail, thirty (30) days in advance of any entertainment event at this location, which event will be furnished by an outside promoter. This nbtice shall include the name, address and phone number of the promoter and detailed information on the type of event including dates, hours, anticipated attendance and nature of event. 23. That the public entertainment shall be limited to Tuesday through Saturday nights from 8 p.m. to closing. Any change to this schedule shall be reviewed and approved by the Planning Commission as a "Reports and Recommendations" item. 24. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 4, and as conditioned herein. 25. 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 include any action or findings. as to compliance or approval of the. request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 8, 2002. _ ~Orid,inai signed by Craig Anthony Arnold) CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST ICri~inal signal by Eloanor Fernandeo) SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) -4- PC2002-52 I, Eleanor Fernandes, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on April 8, 2002, by the following vote of the members thereof: °' AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, EASTMAN, KOOS, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BRISTOL IN WITNESS WHEREOF, I have hereunto set my hand this day of - , 2002, {Arigjaa! eigncd by Eleanor Ferntlnde~I SECRETARY, ANAHEIM CITY PLANNING COMMISSION -5- PC2002-52 ATTACHMENT - ITEM N0. p tlYB ®6'~ f^~ ®!~ Etll City of,4naheim POLICE DEPARTBflENT DATE: April 8, 2003 TO: Amy Vasquez Planning Department f=ROfiA: Sergeant Thomas J. Smith Vice Detail SUBJECT: Conditional Use Permit 2681ITracking 2003-04682 LOCATION: The Press Box 480 North Glassell Street Anaheim, CA 92806 The Police Department received an LD.C. Route Sheet for Conditional Use Permit 2681. The applicant is requesting reinstatement of this permit and to delete a time limitation to retain a previously approved restaurant with sales of alcoholic beverages for on premises consumption. The location is within Reporting District 1432, which has a Crime Rate of 385 percent above average. The Reporting District to the North is 1332 and has a crime rate of 92 percent below average. The Reporting District to the South is the City of Orange. The Reporting District to the West is 1431 and has a crime rate of 44 percent below average. The Reporting District to the East is 1333/1433. The crime rate for Reporting District 1333 is 75 percent below average. The crime rate for Reporting District 1433 is 64 percent below average. From March 1, 2002 through March 24, 2003 this location had 13 calls for service. These calls consist of 1 petty theft, 2 trespassing, 1 robbery, 1 robbery alarm silent, 1 assault, 1 hit and run misdemeanor, 1 suspicious circumstance, 2 disturbances, 1 keep the peace, 1 fight, and 1 hit and run parked vehicle. Of these 13 calls 4 reports related to the business were generated, the reports consist of 1 petty theft, 1 assault and battery, 1 traffic accident, and one hit and run parked vehicle. The Police Department does not oppose this request provided all other conditions still remain on the Conditional Use Permit. f:\home\tgovemale/2003-04682 The Press Box.doc CON D I Tl 0 NAL USE P E R P' NO ~~~ ATTACHMENT - 17Ef1 N0, p MEMORANDUM CITY OF ANAHEIM Code Enforcement Division DATE: APRIL 9, 2003 TO: AMY VAZQUEZ, ASSOCIATE PLANNER FROM: DON YOURSTONE, SENIOR CODE ENFORCEMENT OFFICER SUBIECT: PRESS BOX, 480 N. GLASSELL STREET, ANAHEIM, CA. RESTATEMENT OF CONDITIONAL USE PERMIT # 2681 This memo is written in response to your request for information regarding The Press Box located at 480 N. Glassell Street. Code Enforcement records indicate no complaints have been submitted regarding the operation of this business. On February 25, 2003, I met with the owner of the business, Bryan Kahng and we conducted an inspection of his restaurant. I found that the restaurant was operating within the conditions of approval for Conditional Use Permit # 2681. I requested from Mr. Kahng a statement regarding the percentage of food sales to the sale of alcohol for his business. Mr. Kahng stated that he would provide me with the statement as soon as possible. Code Enforcement Division will continue to monitor and document all Anaheim Municipal Code violations occumng at this location. If you have any further questions regarding this matter, please feel free to contact me at ext. 4451. m788dy.dac CONDITIONAL USE PERMIT NO 2~ $ ~ NU. L T DU ~'ngy.11 T N SpoONE E`M gTREEj M~ ~Np.frRM M\- 'pale r tH VE. P E~~SW ~R~ N O C G 0 Variance No. 2003-04558 (READVERTISED) Subject Property SUB Tentative Tract Map No. 16492 Date: May 19, 2003 Scale: 1" = 200' Requested By: ANAHEIM COMMUNITY DEVELOPMENT DEPARTMENT Q.S. No. 84 REQUEST WAIVERS OF:(Aj M'.INIMUM PRIVATE STREET STANDARDS (B) MAXIMUM WALL HEIGHT (C) MINIMUM STRUCTURAL SETBACK ADJACENT TO A COLLECTOR STREET (D) MINIMUM STRUCTURAL SETBACK ADJACENT TO AN ARTERIAL HIGHWAY (EJ REQUIRED RECREATIONAL OPEN AREA (Fj ADDITIONAL INCENTIVES IN LIEU OF A pENSITY BONUS TO CONSTRUCT 20 DETACHED; 36 ATTACHED'AFFORDABIE' SINGLE-FAMILY RESIDENTIAL DWELLING UNITS WITH INCENTIVES IN LIEU OF A DENSITY BONUS. TENTATIVE TRACT MAP NO. tfi492: TO ESTABLISH A 21-LOT, 56-UNIT DETACHED AND ATTACHED SINGLE-FAMILY RESIDENTIAL SUBDIVISION. COUNCIL POLICY 524: WAIVER OF COUNCIL POLICY PERTANING TO SOUND ATTENUATION FOR SINGLE-FAMILY RESIDENCES ADJACENT TO RAILROAD RIGHT-OF-WAY. 501.541 South Anaheim @oulevard and 100-142 Wesl Sante Ana Street- Trucking SI[e 697 ~ M~ om VEDPpGE y a~ ST M~ F ~ m n `Np,f\RM' ; VPF al51 ~ A;r SMF R~5 . Mjp'Ig, o .~- \ND.FtRM~1'" NZPPNPS-((jEE'C SP ~~P SHOPe SMPLLOO.O-0~to ~~ Staff Report to the i 'Planning Commission May 19;'2003 Item No; 3 3a. CEQA'MITIGATED NEGATIVE DECLARATION (Motion) 3b:' VARIANCE NOi-2003-04558 (Resolution) 3c TENTATIVE TRACT MAP N0.16492 ` :'(Motion) 3d. r WAIVER OF COUNCW POLICY NO. 542 (READVERTISED) "(Motion) SITE LOCATIO(J AND DESCRIPTION: (1) This irregularly-shaped 5.6-acre property is located at the southwest comer of Anaheim Boulevard and Santa Ana Street with frontages of 572 feet on the west side of Anaheim Boulevard and 531lfeet on tha'south side of Santa Ana Street (501-541 `South Anaheim Boulevard and 100:142 West Santa Ana Street - Ttucking Site). REQUEST: (2) Petitionert•equests approval of the following: :.Variance No. 2003-04558 - to construcb20 detached and 36 attached "affordable" single- familyresidential dwelling units with incentives in lieu of a density bonus under the authority of Code Sections 18.03.040 and 18.56:030.0201 with waivers'of the following: (a) SECTION NOS. 17.08:036 Minimum onvate streefstandard. 17:08.043 AND 17:08':390 L=foot wide'parkway required along entire cul=de-sac; no parkwayproposed along the bulb of the cul-de-sac) i (b) SECTION NO: 18:040.030 Maximum wall heioht. L-foot high wall permitted; 6-foot high wall proposed). (c) .SECTION NO! 18.31.063.012 Minimum structural setback adiacent to a collector sheet (Santa Ana Streetl. ;' (DELETED) ; (d) SECTION NO: 18.56.053.0303(1) ! Minimum structural setback adiacent to 8n arterial`highwav (Anaheim Bdulevardl. 17 feet required; 12-15 feet proposed). (e) SECTION NO: 18.56:053.0303(5)'. Required recreational leisure area. 18 000 square feet required; 9600 proposed fprattached units). (f) SECTION NO( 18.99.050 Additional incentives in lieu of a density Bonus (Maximum deviation bf 25% from the development standards permitted; more than'25% deviation proposed for waivers,(b) (d) and (a)). sr1114cw.doc Page 1 Staff Report o the Planning Commission May 19 2003 Item No. 3 Tentative Tract Mao No'. 16492 - to establish a 21-lot (20 single-family residential lots and 1 airspace lot for single-family residential condominiums), fora 56-unit detached and attached "affordable" single-family residentiat condominium subdivision. Council Policv No. 542 - Waiver of.Council Policy pertaining to sound attenuation for single- family residences adjacent to a railroad right-of-way. BACKGROUND: (3) This request was continued at the request of he Anaheim Redevelopment Agency, and the applicant, John Laing Homes, in;effort to submit a revised site plan and to readvertise the current request. {4) This property has been vacant for three years and was previously: developed with a trucking distribution center. The current zoning is ME (SABC) (Limited Manufacturing South Anaheim Boulevard Corridor) Overlay2one and`is designated for Low-Medium Density Residential land uses by the Anaheim General Plan Land Use Element Map. This property is also located in the Commercial Industrial Redevelopment Project Area. (5) Surrounding land uses are as follows; Direction. Land Use Zoning, General Ptan Designation North across Santa Vacant industrial buildings ML (saec> Low Medium Density Ana Street.: Residential/General Commercial fast across Electrical Substation and ML (SABC) General Industrial / 'Anaheim Boulevard RadiatonShop General Commercial West across Single-Family Residences RS-7200 RM-2aoo (SABC) Low Medium Density Lemon Street ; and Duplexes Residential'/ Low Density Residentiali South Single-Family Residences RS-720D i Rsa2oo (sASC) Low Medium Density and Commercial Auto sales CG (SABC) Residential /Low Density ?Residential'. DEVELOPMENT PROPOSAL: (6) The petitioner'proposes to construct a 21-lot, 56-unit (20 detached and 36 attached) single- familyresidential condominiums subdivision: On December 5, 2000, City Council approved Ordinance No. 5148, which established Chapter 18.56 -South Anaheim Boulevard Corridor (SABC) Overlay Zone. The proposed projecfarea contains two separate implementation zones/districts within thee' South Anaheim Boulevard Corridor (SABC) Overlay Zone. The western portion (detached units along Lemon Street and Santa Ana Street) is within the "Neighborhood Residential District" and the eastern portion (attached units along Anaheim Boulevard) is within the "Boulevard' Residential District ", Each district involves specific development standards as described in Chapter 18.56: The application to "finalize the zoning" of this' property into the SABC Overlay is currently being processed and this developmenfproposal was evaluated under the development standards as specified within these districts: Page 2 Staff Report o the Planning. Commission May 19, 2003 item No. 3 Santa Ana Neighborhood ~ }~ .~ ~ ~„ ~"` { `-s~ ;g~ t~~~1"_. ~ ~ ~ ~~~ ~ Residential ~~.,~ ~ , ~ ~' Q~~" , District ~ `;r ° ~„~x' ~. ~~ ~ ,: ti ~~~ ~ f mr `;_ ~_ x tk 4 ~ P E~; ~ _ _' `" ' E .~ v~~ Q ~..,:~ ~ ~ t ~~ ~ ~'G y~~, r i ~ ~ ~ j. - _ s; 'mom _ ~~~ ' Boulevard Residential District Conceptual site plan for the 'proposed development. "Neighborhood Residential District" -Detached Single-Family Residential Lots f (7) The "Neighborhood Residential" portion of the project consists of 20 detached single-family residences'at the southeast comer of Santa'Ana Street and Lemon Street."Code permits detached single-family;dwellings within this'district, subject to the'standards'of Chapter 18.31 (RM-3000) except that the minimum net building area per dwelling unit (excluding any public street or alley) shall be 4,400 square feet (maximum density of 10 units to the acre); minimum 10 footwide yard,separation betweenbuildings; structures over 1-story in height shalfbe setback'20 feet from any adJacentsingle-family residential zone; a minimum of 4 parking'spaces (2'completely enclosed).: shall be provided for each unif and the total project site shall be a minimum of one acre:. Page 3 Staff Report to the Planning Commission May 19, 2003 Item No. 3 (t3) The site plan (Exhibit No. 1) and tentative map indicate the following site characteristics: Lot Number Lot Area (square feet) .., .: ~ „ Front Yard'Setback : ~ . ~-15 feet required,, ~` ;proposed as.follows: :Rear Yard Setback ' 8.to 9:feet;> ..:. .. - required;, ~ ~ ,proposed as follows: Leisure Area (square.feet) .~20,OOO sq fittofal equired (1,000 sq.ft. per unit required) z proposed as follows: r 1 5,063 s.f. 15 feet !20-25 feet ' 1,265 s.f. 2 <"4,137 s.f. ` 15 feet; 12-20 feet 849 s.f. J 3 ;,4,312 s.f. ; 15 feet: 20-25 feet 1,170's.t. 4 r 4,237 s.f. 15 feed '12-19 feet = ? 852 s.f.'s 5 4,242 s.f: 15 feet 20-25 feet 1,172 .f. 6 4,248 s.f.l 15 feet 13-20 feet i 858 s.f.' 7 :::' 4,679 s.f. 15 feet':' <' 13-20 feet:: 860 s.f. i r8 ! 5,144 s.f. 21 feet:' 10-17 feet 710 s.f. 9 4,135 s.f:l 16 feet= 16-21 feet.: 1,07ors.f. 10 4,301 s.f. 15.5 feet 12-19 feet ! 986 s.f. 11 4,217 s.f.' 15 feet:: 20-25 feet 1,150 s:f. t12 4,217 s.f.< "r 15 feet: ? 12-19 feet i 990 s.f. ': 13 ` 4,100 s.f. " 15 feet': ?20-25 feet:': 1,150 s'.f. '14 6,868 s.f.r; 15 feef! 12-20 feet' 990 af.- 15 "5,060 s.f.- r 15 feet'. 20-25 feet 1,265's:f. 16 4,385 s.f.' 15 feet 12-20 leek 880 s.f. 17 ;:.4,469 s.f.? 15 feet;. 20-25 feet `, 1,200's.f. P 18 4,385 s.f.'' 15 feet:: i12-20 feet- 880 s.f.; 19 4,698 s.f. '! 17 feetr 110-17 feet':' 778 s.f. 20 5,326 s.f. 16 feet 15-20 feet= 1,915 s.f. .TOTAL :92,223 s.f. 9:4 DU er acre 20,990`s.f. 1,050 sf. er unit (9) The site plan further indicates the side property line would dog" so that the minimum sitle yard would be 5 feet fora total of no less than 10 feet between residences. Code requires a 10=foot wide yard separation between bu(Idings. Plans also indicate that the units on Lots 1, 14'and 15 would side onto Santa Ana Streefwith a structural setback of 15 to 17 feet: Code requires a minimum building setback of 15 feet adjacent to Santa Ana Street. (10) The floor plans for the detached units (Exhibit Nos. 2 and 3) indicate two separate floor plans are proposed, ail of which would be 2-story single-family residences consisting'of a 2-car garage,. great room, dining room, kitchen, den/flex room, utility room,' porch with bedrooms and bathrooms, as described in more detail as follows::: Plan . Number of Units 'Living Area Number of Number First Floor (without garage) ' Bedrooms Second Floor Bathrooms ' Total Plan 1 11 1213 square feet 4` 1145 square feet 2:5 2;358 s uare feet :Pion 2 9 1223 square feet 4' 1458 square feet 3 2;6(31 s ware feet 'Bedroom'count includes a "loft" as optionalbedroom as noted on plans Page 4 Staff Report to the Piannlhg.Commission May 19 2003 Item No'. 3 (11) The site plan indicates that lots!1-7 would'be accessed from Lemon Street and LotsB-20 would be accessed from the proposed cul-de-sac. The proposed design'ooes not provide for pedestrian or vehicle traffic between the detached and attached residences. The cul-de- ac is designed with 4-foot sidewalks and a 6-foot lahdscaped parkway oh both sides of the atreet, with the exception of the "bulb" of the cul-de-sac where`parkway is not provided. :.Code requires sidewalk and parkway along the entire length of he street. The proposed cul-de-sac is designed to accommodate parking on both sidesf of the street. All residences would have four (4),off-street parking spaces with two in a garage for a total of 80 parking spaces (40 garage spaces). The site plart indicates that all garages would be attached; 'however,. some garages wouldibe setback toward the rear of the lot so that garages do not tlominate`the street scene. Code requires four (4) spaces (2 completely ehclosed) for each dwelling for total of t30 parking. spaces. (12) Conceptual elevations for the detached units (F~chibit Nos. 4 and 5) indicate 2-story:: structures for all residences. Six architectural styles are proposed (2 floor plans and 3 elevation schemes for each plan) for the residences throughout the single-family subdivision, The applicant has indicated hat the elevation styles are options for the buyer; howeveGi ho like elevations wiq be next to' each other. These styles are described as follows: Plan No. lExhttiit No: , , ElevatioR'Dese"ri lion . - 1A ! 4 A blend of architectural styles with gatile roofs, wood shutters, wood side paneling on street side elevation, wood columns as support for porches, multi- anedlwindows and ara essetback from street with decorative ara a door. 1 B 4 r Craftsman style'architecture with exposed rafters, decorative window surrounds, wood'side paneling on the street side elevation, wood columns with stone bases as su ort for orches, and ara a setback from street. 1 C' 4 Spanish style architecture with "s"the roof materials, exposed rafters, stucco finished exteriors, arched windows and doorway,!decorative faux pipes and wrou ht iron balcon and ara a setback from the street. '` 2A 5' Craftsman/Monterey style a~chitecture'with hip and gable roof lines, stucco finished exteriors with wood'siding accents, deca~ative window surrounds, arched doorwa with a decorative front door. 28', 5 A blend of arcfiitectural'styles with wood side paneling and`tiver rock banding r alon the front orch and ara e, and'decorative window surrounds. 2C' 5 Spanish styleetchitecturewlth "s" tileYoof materials, exposed rafters, stucco finished exteriors, decorative faux pipes and wrought iron balcony and ornamental dootwa with arch and round cu olaroof structure. (13) Code requires any structure over 1-story in height to be setback a minimum of 20 feet from an adjacent single-family residentially zoned parcel The proposed units would be setback 20-25 feet from the single-family zoned parcels to the south. Additionally any windows `located atiove the first floor, which face ah adjacent single-family residence, shall utilize opaque: glass. The units on Lots 7, 8 and 20, whictrside onto he south property line, do 'not have to meet this Code requirement because these single>family zoned parcels are developed with multiple family units. Page 5 Staff Report to the Planning Commission May 19, 2003 Item No. 3 (14) The conceptual landscape plan (Exhibit No.6) indicates 10 street trees in the'parkway ; along LemomStreet, 6 street trees in the parkway along Santa Ana Street, 24 street trees in the parkway along the proposed private interior cul-de-sac, 1 Brisbane Box or Cajeput: ree and groundcover in the#ront yard of each residence and 8 Brisbane Box or Cajeput trees, 2 Japanese Elm trees and groundcover within the landsdape setback along Santa Ana Street. Code`requires 1 tree for every 20 feet: of frontage to be planted in the<landscape setback adjacent to Lemon StreeNand SantarAna Street for a total: of 17 trees along Lemon Street and 15itrees along Santa Ana Street. The landscape plan also indicates a 6 foot: high block wall setback'5 feet from: Santa Ana Street and a 6 foothigh blockwall in the rear of units 15-20 (to separate the detached "Neighborhood Residential" portion from the attached "Boulevard Residential"portion). Both walls would be constructed with decorative materials and with clinging vines where visible to the interior private street and public right- of-way. The landscape plan also indicates that the side and rear yards of the residences would be separated by wood fences. As a recommended condition of approval, the petitioner would be required to submit final detailed landscape plans for staff review. "Boulevard Residential District"-Attached Single-FamilyResldential Condominiums (15) The "Boulevard Resldential" portion of the project consists of 36 attached single-family'. residential condominiums at the southwest comer of Anaheim Boulevard and Santa Ana Street. Code permits attached single-family condominiums within this district; subject to the standards within the South Anaheim Boulevard Overlay Zone (Code Section'18.56.053). Plans indicate the 36 units are designed as downtown boulevard housing with 4 "L-shaped" buildings facing Anaheim Boulevard with 7 units per building and 2 buildings.: within the center of the project befiind proposed "L-shaped" buildings with 4 units per building. (16) The site plan. indicates the following site characterisflcs .Development. Proposetl Code Standard i Project' Required / Permitted Lot area 12.67 acres 1 acre 36 units.: 46 units'max Densi ' 13 d.u. er acre 18 d.u. er acre Setback along Anaheim Blvd 12-15 feet , 17 feet Setback along Santa Ana Street 15-17 feet 15 feet: Setback along commercial property 15-17 feet 8 feet': to the south (( 7,990 sgft 18,000 sgft O ens ace i 221 s ft erunit ' 500 s ft er unit 108 spaces - 108 spaces 3'spaces per unit Parkin 72 enclosed 72 enclosed (17) The floor plans for the attached units (Exhibit Nos. 7, 8,'9, 10, 11,...12, 13, 14 and 15) ' indicate four eparate floor plans (plans A-D): Plans indicate thaf the "L-shaped" buildings would contain 7 units each (1 of plan ",4 and 2 of each plan nos. "B", "C" and "D") and the center most"block" buildings would contain 4 units each (2 of plan"A" and 2 of plan "B"). Page 6 Staff Report to the ? Planning Commission May 19,2003 Item No 3 Units A, B and C are three stories and unit D is 2 stories. All units are designed with a two i car garage and described as follows: Unit A -1370 "ware feet: exclusive of ara e First floor round floor 2 car (exclusive df garage) garage, utility room,9iving area,%:bath crawl space r and oroh 180 s` .ft. Second floor main floor Kitchen, dining room, family;room and'/z bath Third floor 3 bedrooms and 2 bathrooms Unit B--1481 s car e feet exclusive of ara e First floor round floor 2 car"(exclusive'of garage) garage, living area, ''/z bath, crawl space and porch 120 s' .ft. Second floor main floor Kitchen, dining room, familyYOOm; /~ bath and utility room Third floor 3 bedrooms and'3 bathrooms Unit C -1639 s ware feet°` exclusive'of ara e First floor round floor 2 car garage, utility room, living area,.%s bath, office and porch (250 sq.ft.) Second floor mairt'floor Kitchen and dining room Third floor 2 bedrooms, 2 bathrooms and a loft (loft is optional bedroom no.3) Unit D'-`1892 s uar e feet exclusive df ara e ! First floor round floor 2 cargarage, utility room,%bath, living area, kitchen, dining room, den, tech : centerand orch: 350 s .ft: Second floor main: floor 2 bedrooms, 2 bathrooms and a loft (loft is optional bedroom no. 3) The floor plan'area of unit C would increase'to 1765 square feet if loft option is built out. : (18) !All main entrances are designed with courtyards facing Anaheim Boulevard, Santa Ana Street and the commercial property to the south. The site plan indicates(that an interior alley, which would be accessed from Santa Ana Street, would. provide vehicular access to ;all the attached units, The proposed design does not allow for; pedestrian or vehicle traffic between the detached and attached residences. The alley is designed to, provide vehicular access to all units from the rear. All residences would have two (2) garage spaces for a total of 72 enclosed, parking spaces. The: site plan indicates 36 open parking spaces along the east property line. Code requires three (3) spaces (2 covered) for each dwelling unit based on the ratio of 3 parking spaces for each 3-bedroom unit (36 x 3 = 108 parking '; spaces).!Further, the Boulevard Residential Distnct`requires that all vehicular access to residential lots shall be restricted to rear alleys. (19) 'The conceptual elevation plah'(Exhibit No, 16) for the attached units indicates thatthe `L- shaped"buildings hat face Anaheim Boulevard are designed as attached townhouse style housing with front courtyards, multiple roof lines and pitch, staggered building lines to create facade depth, multiple exteriors including stucco and wood siding window bays to provide additional relief, arch features, cornices, wrought iron detail and an assortment of railing materials for a street facing courtyards. Also, the applicant has submitted'a cross- section of the attached units and Anaheim Boulevard, which shows a grade difference of 2.5 feet from Anaheim Boulevard to the proposed front porchand the proposed living area ' would sitan additional 2.5 feet (three steps) above he area of the front:porch. The ultimate height ofthe attached unit along Anaheim Boulevard would be 29 feet:' Code perrnits a Page 7 Staff Report to the Planning Commission May 19, 2003 Item No 3 maximum height of 30 feet. Code requires that the elevations of Boulevard Residential units shall be architecturally enhanced and that each dwelling unit ocated adjacent to a major street shall incorporate a front porch with a minimum area of 45 square feet. (20) The conceptual landscape plan (Exhibit No. 6) shows 10 thirty-six inch box Tipu trees and ten Mexican Fan Palms to the parkway along Anaheim Boulevard and 4 thirty-six inch'box Southern Magnolia treesin the parkway along Santa Ana Street: Plans indicate 22 Brisbane Boxor Caljeput trees, 8 Strawberry rees and 3 Japanese Elm trees within the front yards of the units facing Anaheim Boulevard; 8 Afghan Pine trees, 6 Brisbane Boxor Caljeput trees; 2 Strawberry trees within the front yards of the units facing the commercial property to the south and within the front yards of the units facing Santa Ana Street. The plan further indicates 23 Golden Rain or Carrotwood trees and 14 Camphor rees to be` planted along'the vehicular alleyway. Plans also indicate an 8-foofwide landscape buffer between all units and Anaheim Boulevard and landscaping between the buildings to consist of multiple tree species and groundcover. Code requires 29 trees `along Anafteim Boulevard antl' 8 trees along Santa :Ana Street: (21) The' landscape plan also ndicates a new 6-foot high decorative masonry block wall along the east property line (rear property ine) to buffer the proposed single-famiiyunits and the attached boulevard townhomes. Plans indicate the wall is designed with decorative pilasters and planted whit clinging vines. The landscape';pian shows a 6-foot parkway planted with ground cover, shrubs and multiple trees. The plan also shows a .;patio wall" adjacent to Anaheim Boulevard and Santa Ana Street. The wall would be designed to complement the architecture of the"units and buffer the patios from the street: Code requires a solid 6-foot wall along the rear property line (adjacent to'single-family residences) and a 4-foot,:"open view" fence along major arterial streets. Lastly, the landscape plan indicatespedestrian access through the project would be provided by sidewalks on both sides of the vehicular drive, between dwelling unit clusters'and along both street frontages (Anaheim Boulevard and Santa Ana Street). ENVIRONMENTAL IMPACT ANALYSIS: (22) Staff has reviewed the proposal and the Initial Study (a copy of which is available for review in the Planning Department) and finds no significant adverse environmental impacts, which cannot be mitigated to a level of insignificance. Mitigation measures have been identified in the Negative Declaration and Mitigation Monitoring Plan No.120 for the project. Therefore, staff recommends that a'Mitigated Negative Declarationbe approved upon afinding by the Commission that the declaration reflects the independentjudgment of the lead agency;i and that'it has considered the proposed Mitigated Negative Declaration together with any comments received during the public review process and further finding on the basis of the Initial study that there is no substantial evidence, with the imposition of mitigation measures, that the project will have a significant effect on the environment' Commission may wish to note that the mitigation measures'identified'and incorporated into this Negative Declaration are subject to the monitoring/reporting program as sef forth by Section 21081.6 of the Public Resources Code. GROWTH MANAGEMENT ELEMENT ANALYSIS: (23) The proposed project has been reviewed by affected City departments to determine whether it conforms with he Citys Growth Management Element adopted by he City Council on March 1?, 1992. Based'on City staff review of the proposed project, it has been determined that this project does nct fit within the scope; necessary o requGe a Growth ` Management Element analysis, therefore, no analysis has been performed. Page 8' Staff. Report to the Planning Commission May 19,2003 Item No: 3 EVALUATION: (24) The Anaheim General Plan Land Use Element designates this?property for Low-Medium 'Densityland uses, with a density range of 0 to 16 dwelling units per acre: The petitioner proposes'an overall'project density 10 dwelling units per acre. This project is the first`to develop within the South Anaheim Boulevard Corridor Overiay!Zone, which provides supplemental land use options o guide downtown development. The project falls within the Neighborhood Residential and Boulevard Residential Districts: The high'quality urtian :design of the attached units along Anaheim Boulevard and the architectural sensitivity to 'the Colony Historic District concentrated on the detached units along Lemon Street,: promote the overall'jand use goals and objectives of the overlay zone, which are as follows: ® To provide a mechanism for the orderly development of property within the South Anaheim Boulevard Corridor portion of the Commercial/Industrial Redevelopment Project Area in order to eliminate blight and blighting influences. ® To provide the long-term preferred land use strategy and development standards for the area. `® To encourage development of regional commercial uses to locate south of Ball Road. ® To encourage "Boulevard Residential" and "Neighborhood' Residential" land uses north of Ball Road, with neighborhood commercial developmentat intersections. ® To ensure that new development relates well to existing residential neighborhoods. ® To promote adequate levels of light, air, and density of development, and efficient circulation of pedestrian and vehicular traffic. Page 9 Staff Report to the Planning Commission May 19;2003 Item No 3 (27) 'Waiver (b) pertains to maximum wall height. Code permits a maximum, a 3-foot high wall " within the 15-foot wide setback'along Santa Ana Street and plans indicate a 6-fodt,high wall setback 5 feet from he property line along Santa Ana Street' Plans indicate this wall would erves as buffer to the side yard for the detached units that side onto Santa Ana Street. (28) 'Waiver (c) pertaining to minimum structural setback`adjacent to acollector street (Santa Ana Street) has been deleted, (29) Waiver (d) pertains to minimum structural. setback adjacent to an arterial' highway (Anaheim Boulevard). Code requires a 17-foot wide structural'setbacktor the attached residences along Anaheim Boulevard. Plans indicate'a 17 to 29'foot wide setback to the living area + and a 12 to 15-foot wide setback to the front patio.'Code requires that each dwelling units 'incorporate a front porch (minimum 45 square feetin area); however, Code stipulates that he porch shall not encroach into the required front yard setback. The Commission' may wish to note that the'applicant has submitted a cross section detail of thefiront porch in relation to Anaheim Boulevard This detail indicatesthat the decorative wall at the front porch is setback 17to 15 feet' The actual living area is setback an additional 12 feet. :'Therefore, this waiver pertains-to the required front porch, not the structural living area. (30) Waiver (e) pertains to minimum recreational leisurearea. Code requires'500 square feet of usable open space 18 000 square feet total), including decks'or terraces of which: decks or tercaces'shall not exceed 125'square feet of the total requisite'trsablenpen space.'Plans indicate approximately 5100 square feet of outdoor common area located in passive landscaped areas around the buildings. All dwelling; units have usable porches of various sizes (see table in paragraph 17) for a total of 7990square feet; however the Codelimits the total requisite usable space of the patios to 125: square feet per unit for a total of 4500 ,square feet of private open space. The project yields a total of 13.000 square feet of open space; however, since only'4500 square feet of the patios can' be counted toward the required'open space for the project, the total Code required open space' is 267 square feet i per unit' 9600 square feet total). The Commission may wish tp note that the proposed project is geared toward providing urban living within an established downtown. The i applicant'submitted an open space exhibit, which locates the existing parks and their relativelyclosewolkng distances to the project site.': (31) Waiver (f) pertains to percentages related to incentives in lieu of a density bonus. The petitioneehas applied for incentives in lieu of a density bonus.''Anaheim Municipal Code Seotion No. 18.99:030.020 and Sectiofi 65915 of the California Government Code states that an applicant may be granted either a density bonus and one additional incentive, or other incentives of equivalent financial value basedan the fairmarket value of the land per dwelling unit in lieu of a density bonus and additional incentive: Anaheim Municipal Code Section No. 18.99.050 further states thaYadditional tncentivesshall be limited to a change of no more than 25% from the development standard otherwise allowed.'' The following chart shows the amount of deviation for the requested waivers: Waivers'(a) and (c) have been deleted as noted above..: Waiver ' " Waiver Request Amount of Qeviation 'Pen osedf b Maximum wall hei ht ': 50 (d) ! Minimum structural setback ad'acentto Anaheim Boulevard 12 e Re aired recreational o ens ace 47 Page 11 Staff Report to the Planning Commission May 19, 2003 :Item No. 3 (32) The Community Development Department has submitted a memo (attached) concurring with the conclusions of the KMA financial analysis regarding the values of the density bonus and alPfour incentives. Since the value of the density bonus' exceeds the value of the requested waivers, Community Development recommends approval of all requested waivers in lieu of a density bonus for the proposed project. (33) The petitionerrequests awaiver of Council Policy No. 542 pertaining to resitlential dwellings Iodated near a railroad right of way. The Council Policy states thatno habitable structure shall be located less than 100 feet from a rairoad track.: Plans indicate the detached units and attached units would be approximately 55 feet: and 60 feet respectively from the established Union Pacific Railroad (UPRR) track that runs down Santa Ana'Street. In April 2000,-Parsons Transportation Group conducted a study to analyze current freight railroad operations within throughout the City. This study found that the portion of the UPRR that runs on Santa Ana Street services approximately 4 rail'served industries with as many as 4 trains dally. The development would be required to comply with sound-proofing requirementscontained in Title 24 of the California Administrative: Code. (34) The project is Jocated in the Commercial/Industrial Redevelopment Project Area and the South Anaheim Boulevard Corridor Overlay zone. The Community Development Department has submitted the attached memdrandumlated March 18, 2003, indicating the project is being developed under the provisions of a Disposition and Development Agreement (DDA) between the Redevelopment Agencyand the developer. 'Staff has been working with he developer on design Issues'and based on the proposed design, is supportive of the project: FINDINGSs (35) "The State Subdivision Map Act (Government Code, Section 66473.5) makes it mandatory to include in all motions approving,; or recommending approval.ofa tract map, a specific finding that the proposed Subdivision together with its tlesign and improvement is consistent with the Citys General Plan. Further, the law requires that the Commission make any of the following findings when: denying or recommending denial of a tract map: 1. : That the proposed map Is not consistent with applicable General and Specific Plans.. 2. That the design or improvement of the proposed subdivision is not consistent with applicable General and Specific Plahs. 3. : That the site is not physically suitable for the type of development. 4. That the site is not physically suitable for the proposed density of development:: 5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. That the design of the subdivision or the type of improvements is likely to cause serious public ftealth problems. Page 12 Staff Report to the Planning Commission `May 19r 2003 Item No'3 7. That the design of the subdivision'or the type of improvements will conflict with ' easements, acquired by the public at large,. for access hrough orvse of property within the proposed sutidivision:' (36) .Code Section No. 18,99.090.030 of the density bonus ordinance sets forth the following :findings which are required to be made before a density bonus'or additional Incentives in lieu of a density bonus are approved by the Planning Commission: -:030 Selection of Additional)ncentive.'The selection and granting of Additional `:Incentives: shall be at the sole discretion of the Planning Commission or the City Council. The Planning Commission or Gity CounciGshall select the particular Additional Incentive or Incentives to be granted to an'applicant based on the following criteria: (a) The elected Additional Incentive or Incentives shall contribute sighificantly ; to the ability of the Eligible Housing Development to provide housing to Lower Income Households and Very Low Income Households at ah Affordable Housing Cosf (ti) The selected Additional Incentive or Incentives shall be the most ': compatible with the character of the Eligible Housing Development and to the: surzounding area, relative to other Additional Incentives which might be granted. (c) The'selected Additional Incentive or Incentives shall not have a detrimental impact on services and infrastructure, such as traffic volumes and goad capacities, scftool enrollments, recreational resources and parks and water, sewer and stormdrain facilities, and shall be theimost compatible with'the publichealth, safety and welfare; provided that if every Additional Incentive which might be selected would have a detrimental impact on services and infrastructure, the selected Additional Incenfive or incentives shall cause the least impact, relative to other Additional Incentives which might be granted, on services and.infrastructure. (d) If the Eligible Housing Development is an apartment project which proposes to dedicate a minimum of fifty percent (50%) of its units to Qualifying Residents, the following Addiflonal ncentives hall not tie granted unless the Eligible Housing Development has obtained a conditional use permit under Section 18.94 of this Code:: (a) reduction in floor space requirements, (b) reduction in vefiicle parking requirements, and (c) increase in structural height imitations (37) :Section 65589.5 (d) of the California Government Code requires that a local agency shall hot disapprove a housing project for very: ow, low, or moderate income households or .::impose conditions of approval in a manner that renders the project infeasible for development for the use of very tow, low,;or moderate income households unless the ,'agency makes written findings: based on substantial'evidencedn the record, as to one of the `' ::following:;; (1) The,jurisdiction has adopted a housing element pursuant to this article that has been revised in accordance with Section' 65588 and that is in substantial compliance with this'article, and the development project is not needed for the jurisdiction to meet Its shale of the regional housing need for very low, low or moderate-income housing. Page 13 Staff Report. to the Planning Commission May 19, 2003 Item No. 3 r (2} The developmentproject as proposed would have a specific, adverse,impact upon + the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific'adverse impact without rendering the development unaffordable to low- and moderate-income households. As used in this paragraph, a "specific, adverse impact: means a significant, quantifiable,: direct, and unavoidable impact, based on objective, identified written public health or safety standards,,poltcies, or conditions as they existed on the date'the application was deemed complete. (3) The denial of the project or imposition of conditions is required in order to comply with specific state or federal law;; and there'is not feasible method to comply without rendering the development unaffordable to low-and moderate-Income households. (4) Approval of the development project would increase the cohcentration'oftower income households in a nejghborhood!that already has a disproportionately high `, number of lower income households and there is'ho feasible method of approving the development at a different site, including those sites identified pursuant to paragraph (1) of subdivision'(c) of Section 65583without rendering the development unaffordable to low-and moderate-income households. (5) The development project is proposed on land zoned for agriculture or resource preservation that!is surrounded on at least two sides by lahtl being used for agricultural or resource preservation purposes, orwhich does not have adequate' water or' wastewater facilities to serve the project: (6) ', The developmentproject is inconsistent with both the jurisdiction's zoning ordinance and general plan land use designation'as specked in any element of the generate plan as`it existed on the date the application was tleemed complete, and the jurisdiction has adopted a housing element pursuant to this article. (38) Section 65589.5(f) of the California Government Code further provides as follows: "Nothing in this section shall be construed to prohibit a local agency from requiring the development project to comply with written development standards, conditions, and policies appropriate to, and consistent with, meeting the quant~ed objectives relative to the development of housing, as required in the housing element pursuant to subdivision (b) of Section 65583. Nothing' in this section shall be construed to prohibit a local agency from imposing fees and other exactions othennrise'!authorized bylaw which are essential to provide necessary public services`and facilities to the development project " RECOMMENDATION: (39) 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 evidencepresented' in this staff report, and oral and written evidence presented at the public hearing that the Commission take the following actions: (a) By motion, aoorove the CEQA Mitigated Negative Declaration based.: upon the findings contained in the "Environmental Impact Analysis"section of this staff report and a thorough'review ofthe projectproposaf and the Mitigated Negative Declaration including Mitigation Monitoring Plan No.120, staff finds that potentially significant impacts have tieen eliminated or reduced to a level considered less than significant; and`that there: is no substantial evidence that the project wit! have a significant effect on the ehvironmen£' Page 14 Staff Report to the i'Planning; Commission ';May 19,2003 'Item No.i3 (b) By resolution, approve in part, Variance No.2003-04558 (to construct 20 detached and 36 attached "affordable" single-family residential dwelling units with incentives in lieu of a density bonus) by denying waiveC(c) pertaining to minimum structural setback adjacent to a collector street [SantaAna Street] because it has been tleleted, and approvingwaivers (e) pertaining to minimum private'sfreet standards, (ti) pertaining to maximum wall height, (d) pertaining to minimum"structural setback adjacent to an arterial'highway (Anaheim Boulevard),{e) pertaining to minimum recreational leisure area, and (f)'pertaining percentages related#o incentives in lieu of a density bonus based on the following: '; (i)' That the petitioner has submitted a detailed financial analysis prepared by an independent economic consultant specializing in real estate valuation and'r•edevelopment to justify additional incentives in lieu of a density bonus as permitted under Anaheim Municipal Code Section No118.99.030.020 and: Section'65915 of the'Califomia Government Code. Said study' concludes that!the equivalent financial value of the density bonus exceeds the value of ail four incentives being: requested. (40) By motion, approve Tentative Tract Map No. 16492 to establish a 21-lot (20single-family 'residential' lots and 1 airspace lot for single-family residential condominiums), fpr a 56-unit detached and attached "affordable" single-family residential condominium subdivision since the design and improvement of the proposed subdivision would be consistent with the 'General'Plan land use designation of Low Medium Density and the South Anahetm l :Boulevard' Corridor Overlay Zone, THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS AN' INTERDEPARTMENTAL COMMITTEEiAND ARE>RECOMMENDED'FOR ADOPTION BYTHE PLANNING COMMISSION IN THE EVENT'THAT VARIANCE NO 2003=04558 IS APPROVED. 1. That the properly owner/developer shall be responsible for compliance with all of the mitigation measures set forth in Mitigation Monitoring Plan No.120 created spec~cally for tnis project,. and for complying with the monitoring and reporting requirements established by the City in compliance ' with Section 21081.6 of the' Public Resources Code. Furthermore, the'property owner/developer shall be'responsible for any direct costs associated with the monitoring and reporting requirements to ensure implementation of hose mitigation measures identified In Mitigation Monitoring Plan No.120 which is made a part of these conditions of approval by reference, 2. That final landscape and fencing plans for the subject property shall be'submitted to the Zoning Division for review and approval. Said?plans shall. show minimum 24-inch box size trees in a front yard of each home, screening trees planted 20 feet on-center along the south property line adjacent to the single-family residential properties and 1 tree for every 20 feet of street frontage on Anaheim Boulevard and Santa Ana Street planted in the landscape setbacks. Any decision made by the Zoning Division regarding said plan maybe appealed to the Planning: Commission and/or City i Council'. All trees shall be properly and professionally maintained by the homeowners association to ensure mature, healthy growth. 3. r That final building elevation plans, a colors and materials board, and sVeet presentation plans, showing building articulation'and architectural embellishments for all elevations, shall be submitted to the Zoning Division and Communilybevelopment Department for review and'approval by the Planning Commission as a "Reports and Recommendations" item. 4. ' That as,requested by Orange County Transportation Authority, installation of a bus pad shall be constructed along Anaheim Boulevard: Said construction snail be reviewed by the City Traffic and Page 15 Staff Report o the Planning Commission ' May 19, 2003 Item No. 3 Transportation Department for compliance with OCTA standards and shall be shown'on plans submitted for building permits. 5. That the property owner/developer shall install street lights (Anaheim No. 742 -Historic Street Lights) on Anaheim Boulevard and Santa Ana Street as required: by the Electrical Engineering Division. Also, design(of interior street lighting for the project shall be designed to complement map to historic street fighting required along the: public streets. The streeflights''shall be installed prior to occupancy of the first unit. A bond shall be posted in'ao amountapproved;bythe City Engineer: and form approved by the City Attorney, 6. That all backflow equipment shall be located above ground outside of the street setback area irT a manner fully screened from all public streets. Any backflow assemblies currenfly installed in a vault shall be brought up to;current standards. Any other large water ystem equipment shall be installed to the satisfaction of the Water Engineering.. Division in either underground vaults or outside of the street setback areas in a manner fully screened from all public streets and alleys. Said information shall be shown on plans and approved by Water Engineering and Cross Connection Control Inspector before submittal for building permits. ` 7. That since this projecf has landscaping area exceeding 2,500 square feeq'a separate irrigation meter shall 6e installed and shai(comply with City Ordinance No 5349 antl Chapter 10.19 of the Anaheim Municipal Code. Said informatioh'shall be shown on plans submitted for building permits. 8. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonment of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim PublioUtilities Department:: 9, That gates shall not be installed across anyidriveway or private street in a manner which may adversely affect vehicular traffic in the adjacent publiostreet. Installation of any gates shall conform to Engineering Standard Plan No. 609 and shall be subject to the review and approval of the City Traffic and Transportation Manager. Said informationshall be specificallyshown on'plans submitted for buflding'permits. 10. 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. Trash truck turn-around shall be provided through each construction phase of the project. Said turn-around area hall be specficallyshown on plans submitted for building permits. 11. That trash storage areas shall be provided and maintained in a location acceptable to the Public .Works Department„Streets andrSanitation Division and in accordance with. approved; plans on file with said Department. Said storage areasshall be designed, located and screened so as not to be readily identifiable from adjacentstreets or;nighways. !.The wallsof the storage areas hall be protected from graffiti opportunities by the use of plant materials; such as minimum 1-gallon size clinging vines planted on maximum 3-foofcenters or tall shrubbery. Said nformationrshall be specifically'shovm on'plans submitted for building permits. 12. That a plan'sheet for solid waste'storage and collection and a plan for recycling shall be submitted to the Public Worksbepartment Streets and Sanitation Division for review: and approval. 13. That a comprehensive. trash management program shall be submitted to the Public Works Department, Streets and Sanitation Division. Said program shall include information on the following: a detaHed, scaled site+plan showing the storage and collection areas for automated trash barrels for each unit,'and truck access through the alley and disclosures irf the Covenants, Conditions, and Restrictions (CC&R's) describing the!location and storage'of automated containers Page 1fi Staff Report to the Planning .Commission May 19;.2003 ` Item No 3 for eaclllunit. The'CC&R's shall be reviewed by the Public. Works Department, Streets and Sanitation Division: 14. That all existing water services and fire lines shall conform to current Water Services Standards Specifications. Any water service and/or fire line that does not`meet current standards shall be ` ! upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the costs tc upgrade'or to abandon any water service or fire line. 15. That the: legal property owner'shail irrevocably offer to dedicate to the Ciiy of Anaheim (Water Engineering Division) and easement twenty (20) feet in widthfor water services mains and Oran Easement for largemeters and other public water facilities. 16. + That water improvement plans shall be submitted to the Water Engineering Division for review and approval in determining the`conditipn necessary for providing water service to theproject and a performance bond in the amount approved by the City Engineer and City Attorney, and shall' be posted with the City of Anaheim. 1 T That prior to application for water meters, fire line or submitting the water improvement plans for approval, the developer/owner shall sulamit to the Public Utilities Water Engineering Division an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the ` project.rThis information will'be used to determine the adequacy of the existing water system to provide the estimated water demands, Any off-site water system improvements required to'serve i the project shall occur in accordance with Rule No. 15A.6 of the Water. Utility Rates, Rules'and Regulations. 18. That the locations for future above-ground utility devices including, but not limitedto, electrical transformers, water backflow devices, gas, communicationsand cable devices, etc., shall be shown i on plans submitted for building permits. Plans sfiall also identify the specific screening treatments of eacfi`devlce (i.e: landscape screening, color of walls, materials, identifiers, access points,: etc.) and sfiall be subject to the review and'approval of the appropriate City departments. 19. That any required relocation of City electrical facilities shall tie at the developer's expense. That landscape and/or nardscape'screeningdf ail pad-mounted equipmentshall be required and'shall be shown on plans submitted for' buildingipermits. 20: That roll-up garage doors shall be shown on plans submitted. for building permitsi Said doors shall be installed and maintained as shown on submitted plans. 2t! That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing: conformance with the current version of Engineering Standard. Plan Nos: 436, 601 and 602 pertaining to parking standards and'driveway locations. Subject property shall: thereupon be developed and maintained in conformance with said plans. 22:` That no required parking area shall be fenced or othervvise enclosed for outdoorstorage uses. 23.' That all'driveways"shall be construpted with ten (10) foot radius curb returns as required by he City i Engineer in conformance with Engineering Standard No. 137. Said information: shall be specifically shown on plans submitted for building' Permits. 24.`' That no bompact parking spaces shall be permitted. Page 17 Staff Report to the Planning Commission May 19, 2003 Item No. 3 '- 25. That all air-conditioning facilities:and other grcund-mounted equipment shall be properly shielded from view and the sound buffered from adjacent residential properties. Such information shalt Fie specifically,shown on the planssubmitted for buildingpermits. 26. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened by architectural devices and/or appropriate building materials. Said information shall be specifically shownon the plans submitted for building permits. 27, 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. 28. That clothes washer and dryer hookups shall be incorporated into each dwelling unitand shall be shown on he plans submitted for building permits. { 29, That this variance is granted subject to approval and .recordation of Tentative Tract Map No. 16492, now pending. 30. That subject propertyshall 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 Nosc 1 through 16, as conditionedherein. 31. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 2, 3 4, 5, 6, 7 9, 10, 11,::.12, 13, 15, 16, 17, 18, 19, 20, 21,'22, 23, 25'and 28, atiove-mentioned, shall be complied with.: Extensionslfor further ime to complete said conditions maybe granted in accordance with'Section 18:03.090 of khe Anaheim Municipal,Code. 32. That prior to final building and zoning inspections, Condition Nor30, above-mentioned, shall be` complied with. 33. That approval of this application'constitutea approval of the proposed request only to'the extenf that it complies with the Anaheim Municipal Zoning Code'and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS ANINTERDEPARTMENTAL COMMITTEE AND ARE RECOMMENDED FOR ADOPTION BY THE >' PLANNING COMMISSION IN THE'EVENT-THAT TENTATIVE MAP N016492 1S APPROVED. 1. That the property owner/developer shall provide the City of Anaheim with a minimum 8-foot wide public utilities easement to be determined'as electrical design is'completeii. 2. That the legal property owner shall irrevocably offer to dedicate to the City'of Anaheim (Water Englneering Division) an easement twenty (20) feet inwidth for water service mains' and/or an easement for large meters and other public water facilities. 3. That all condominium units shall'be assigned street addresses and that the street name for the private street (if requested by the developer or required by the City) shall'ba submitted to and :approved by the Building Division. 4. That the developer shall submit a Water Quality Management Plan (WQMP) specifically identifying the post construction best management pracfices that will be used on-site to control'. predictable Page 18 `Staff Report to the Planning Commission May 19 2003 Item No 3 polutants from stormwater runoff. The WOMP sfiall be submitted to tfie Public Works Department,""'" Development Services Division for review and approval. 5. That a maintenance covenant shall be submitted to the Subdivision Section and approvedby the Clty Attorney's office. The'covenant shall includeprovisionstor maintenance of common area landscaping, perimeter walls and private facilities; including compliance with the approved Water QualityManagemant Plan and a maintenance exhibit. The'covenant sfiall be recorded concurrently with the final map:: 6. ! That the developer shall demonstrate that coverage has been obtained under California's General Permit for stormwater Discharges Associated with Construction Activity by provitling a copy of the Notice'of Intent(IJOI) submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) Number. The developer shall prepare and implement a stormwater Pollution Prevention Plan (SWPPP): A copy of the'current SWPPP shallae kept at the projacfsite. 7. That street improvement plans shall be submitted for improvements along the frontage of Santa Ana Street, Lemon Street and Anaheim Boulevard. Improvements on Santa Ana Street shall conform to tha Santa Ana Streetscape besign and as approved by the City Engineer. Improvements on Anaheim Boulevard'shall include construction of median island and associated landscaping. Parkway landscaping and irrigation'shall be installed on Lemon Street, Santa Ana Street and Anaheim Boulevard. A bond shall baposted in an amount approved by the City:'. Engineer and a form approved by the. City Attomey. 8. That a tract map to record the division of subject property sfiall be submitted to and approved by the City'of Anaheim and shall then be racarded in the Office bf the Orange County Recorder. 9. ' That a sewer deficiency fee shall be paid based upon the findings of the Old Townlbasin 8 study, and approved'revisions. 10.` That the Storm Drain Impact end Improvement Fee shall be paid. 11: That approval of Tentative Tract Map No. 16492 is contingent upon approval of Variance No 2003- 04558'howpending. 17.' That the legal property owner shall execute a subdivision agreement, in a form approved by the City Attomey, to complete the required public improvementset the legal property owner's expense. Said agreement shall be submitted to the Public Works Department, Subdivision Section' and approved by the City Attomey and City. Engineer and then recorded concurrently with the final map. 13: That prior to approval of the final grading plan, Condition Nos. 4 and 6rabove mentioned, shall be complied with. 14; That prior to final tract map approval, Condition Nos. 1, 2, 3; 5, 7, 9, 10 and 12, above-mentioned, shall be complied'with. 15;' That approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any actionor findingsas to compliance or approval of the request regarding any other applicable ordinance; regulation'or requirement. Page 19 b a 9 y~ J N 0 0 ATTACHMENT - ITEM N0. 3 N .. ~ ro 9 ~ N ~o w B ~, H c co ~ w ~ p ~ o. o r ~ ; ~• o o. r 0 0 ~ as ~ "= : ° d ~ ' ` ~ ~ ' ~, ' ~' ~ ~ . pp C. C ~. ., y' v; O C 7 n y n ' J y O. m ~ o ~+ o m b m .. . ~ ~ 5 0 0 LI 3 0 ~. ~ c ~. ~ o o X00 ~ 0 ~ ~~ w M ~ G . w ~ .y. O as w p p ~~ C. C O rTi ~ O C: ~ ~ O M p ~. 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O N ' N y' O j- N N y ~ N n ~ 7 O - ~ > > o, ~. 0 m m t7 0 3 v m 0 7 ATTA%hr1EIJT - ITEM NO 3 Mar-16-03 11:24 From-ANAHEIM CITY SCHOOL FAC AND OPERATIONS 7145178766 T-256 P.OI 02 F-427 ~I ~I'I`Y ~~I~E~C~I.I?I~'T`Y~I OPERATIONS CENTER 1411 South Anahelm Boulevard, Anahelm, CA 92805 Te1714-517-7549 o Fax 714-517-8788 DEPUTY SUPERINTENDENT ADMINISTRATIVE SERVICES Paul Burkart VIA FACSIMILE (949) 265-8959 B (714) 7B5-5280 March 18, 2003 Mr. Greg McCafferty City of Anaheim, Planning Department 200 South Anaheim Boulevard Anaheim, Cal'Ifornia 92805 2~,~~~s ~--- RE: SCHOOL DISTRICT RESPONSE LETTER-PROJECT TTM18492 Dear Mr. McCafferty: In response to Mr. Joseph A. Richter's letter received on March 18. 2003. requesting a school district response letter for the above project located within the Anahelm City School District's (ACSD) attendance area, the ACSD does not object to the proposed project. Although, the ACSD is concerned about the impacts created by new development, nevertheless, the District understands that this project is very important to the community and the economy of Anaheim. Please note that the developer is still required to pay developer fees to the appropriate school districts. - The District appreciates having the .opportunity to comment on the proposed development and will be glad to answer any questions you may have relative to our student population needs. Should you have any questions, please call me at (714) 517-7549. Sinc re ~~ Sergio San Martin Facilities Planner CC: Gordon Itow Joseph A. Richter s1plenning antl dovelcpmsntWatalenetinM dry~pYgaphlVn•18492_hoMlehphomasWm18492.foaeph-tlcMantlx ATTACHMENT - ITE11 N0. 3 IIAEMORANDUM CITY OF APIAHEIM Community Development Department DATE: May 12, 2003 TO: Charity Wagner, Assistant Planner FROM: Damien Delany, Senior Project Manager 1717 SUBJECT: 501 South Anaheim Boulevard John Laing Homes ("Laing") proposes a 56-unit housing development at 501 South Anaheim Boulevard, the former Anaheim Truck and Transfer site. The 5.55-acre development site is located in the Commercial Industrial Redevelopment Project Area. On October 15, 2002, the Anaheim Redevelopment Agency approved a Disposition and Development Agreement ("DDA") with Laing. Pursuant to the DDA, Laing will construct and sell 56 single-family homes; 36 homes will be attached and 20 homes will be detached. Laing will be making 36 units available to low and moderate-income homebuyers. Over the last year, Community Development Department and Planning Department staff has been assisting Laing with the design development of the project. With a density bonus, this project could yield approximately 106 units on the site under the SABC zone. However, Laing is seeking incentives in lieu of the density bonus. The value of the density bonus exceeds the value of the requested incentives by $654,400. The value of the density bonus and requested incentives, as analyzed by the Keyser-Marston report is attached to this memorandum. Community Development staff is recommending approval of all requested waivers in lieu of a density bonus for the proposed project. If you have any questions or need additional information, please call me at {714) 765-5238. Attachment F:\DOCSNOhOMMEM05\OdM3414A.000 TABLET ~ , ESTIMATED VALUE OF A DENSITY BONUS LAING HOMES ANAHEIM, CALIFORNIA - - I. Site Description r Gross Land Area 5.55 Acres 241,758 SF (Less) Right df Way Dedication 0.00 Acres 0 SF Ne[ SF Land Area 5.55 Acres 241,758 SF Boulevard Residential 114,400 Square Feet 18 UnitlAcre Neigborhood Residential 127,358 Square Feet 13 Units/Acre Weighted Average Density 15.37 Units/Acre Gross Land Area II. Maximum Allowable Units Acres 5.55 Allowable Density (Units/Acre) 15.4 Maximum Allowable Units 85 III. Multi-Family Land Value ~ 33,500,000 Per Allowable Unit $41,180 Per SF Net Land Area 314.48 IV. Densitv Bonus Maximum Allowable Units 85 Density Bonus 25% Density Bonus Units 21 Total Units 106 VI. Value of Densitv Bonus Land Value with Density Bonus a 34,365,000 (Less) Base Land Value (3,500,000) Value of Density Bonus $865,000 Per the Section 33433 Summary Report for WL Homes LLC. s Total number of units limes $41,180/unit. Prepared 6y: Keyser Marston Associates, Inc. eae..~...e. i a,.... ne..~;e,:n......~. re n~ a ~. a-. cr~nnnnn TABLE 2A ` ESTIMATED VALUE OF STRUCTURAL SETBACK WAIVER -ANAHEIM BOULEVARD L;I:VG HD?4ES ~i`;Ar.~IS1. CAUrOR?JI^, I. Setback Requirement Setback Requirement 17 Feet Setback Requested Average of 15 Feet Gross II. Land Value Per Square Foot Weighted Average Density ~ _ _,-, III. Setback Required Linear Feet subject to Setback 572 Additional Setback required 2 fV. Additional Square Footage Required Setback area required '1,144 Estimated Value of Waiver $16,600 See TABLE 1. Prepared 6y: Keyser Marston Associates, Inc. Filznarne: Laing Density Bonus; TABLE 2A; jlr; 5!812003 TABLE 28 .._. ESTIMATED VALUE OF WALL SETBACK WAIVER L.41N3 FiOPAES A?IAii=11;1. CALIFORNIA I. Minimum Setback for 6 Foot Wall Adjacent to Santa Ana Streek Current Wall Setback Requirement 15 Feet Wall Setback Requested Average of 5 Feet Gross Land Area Il. Land Value Per Square Foot Weighted Average Density' -.-_ III. Setback Required Linear Feet Subject to Setback 232 Additional Setback required 10 IV. Additional Square Footage Required Setback area required 2;320 Estimated Value of Waiver 533,600 See TABLE 1. Prepared by: Keyser Marston Associates, inc. ~.,---_,.. i ..._., n,....a.. e....,.~. rem ^ oR~ ilr 9l»i9nn3 TABLE 2C """ ESTIMATED VALUE OF RECREATIONAL OPEN SPACE WAIVER L.=.1?!G HOBS?ES ?.*1,`.!-?EiDi?. CA.LIFuRNIa I. Recreational Open Space Requirement Open Space Required 18,000 Square Feet Open Space Requested ,- ?,990 Square Feet Gross Land Area II. Land Value Per Square Foot Weighted Average Density t c1>, III. Setback Required Open Space Required 18,000 Open Space Proposed 7,990: IV. Additional Square Footage Required Open Space Required 10,010. Estimated Value of Waiver $144,900 See TABLE 1 Prepared by: Keyser Marston Associates, Inc. Filename: Laing Density Bonus TABLE 2C; 5!72/2003; JAR TABLE 2D ESTIMATED VALUE OF THE PRIVATE STREET LANDSCAPE WAIVER ?,~iA^=iivl. C-"+LI=G~N1~ ' 1. Private Street Landscape Setback Requirement Setback Required 6 Feet Setback Requested 0 Feet Gross Land Area II. Land Value Per Square Foot Weighted Average Density i ~ I-''.,'; III. Setback Required Linear Fee[ subject to Setback 179 Additional Setback required 6 IV. Additional Square Footage Required Private Street Landscape setback required 1,074 Estimated Value of a Waiver $15,500 ' See Table 1 Prepared by: Keyser Marston Associates, Inc. Filename: Laing ~ensily Bonus; TABLE 2D; jlr; 5/12/2003 ATTACHMENT - ITEM N4. 3 MEMORANDUM CITY OF ANAHEIM ' Community Development Department DATE: March 19, 2003 TO: Planning Department FROM: Community Developmen~~~~~a%~*~-~ SUBJECT: W L Homes Development at Anaheim Boulevard and Santa Ana Street W L Homes ("Laing") is developing single-family housing at the southeast corner of Anaheim Boulevard and Santa Ana Street. The development is required pursuant to the terms and conditions set forth in a Disposition and Development Agreement ("Agreement") with the Anaheim Redevelopment Agency. Pursuant to the terms of the Agreement, Laing is required to submit all site plans, elevations and floor plans, improvement materials and colors (collectively "Plans") to Community Development Department staff ("Staff") for review and approval. Laing has worked to obtain Staff approval of the Plans in a diligent manner. Additionally, Staff and Laing have conducted substantial community outreach to obtain community input on the proposed housing project. This review and input has resulted in Plans that are submitted for entitlements by Laing that will be considered by the Planning Commission on May 5, 2003. Section 18.56.030.0205 of the Municipal Code requires that "All applications submitted to the Planning Department of the City of Anaheim for projects lying within the SABC Overlay Zone area which also lie within the boundaries of the Commercial/Industrial Redevelopment Project Area shall be forwarded to the Community Development Department for review. The Executive Director of Community Development (the "Executive Director") or a designee, shall review each application and meet and consult with the applicant with respect to the neighborhood compatibility and design features of the proposed project and propose changes where necessary to promote high quality urban design." Staff has reviewed Laing's proposed project and conducted several design meetings with respect to the project and its neighborhood compatibility. Staff and Laing have complied with the provisions of the SABC Overlay Zone referenced above. Should you have any questions, please contact Mark Asturias, Redevelopment Manager, at extension 4315. F tDOCSWOMIN\MEMOS\MAM331BA.000 ATTACHNENT - ITEH N0. 3 MEMORANDUM CITY OF ANAHEIM Community Development Department DATE: March 18, 2003 TO: David See, Senior Planner FROM: Damien Delany, Senior Project Manager ~A SUBJECT: Certification of Affordability The Anaheim Redevelopment Agency ("Agency") staff has been working with W L Homes., dba John Laing Homes ("Laing"), to develop a site plan for the Anaheim Truck and Transfer site at 501 S. Anaheim Blvd. The site contains approximately 5.3 acres of land. As proposed, the development will consist of ahigh-quality residential development with approximately 56 units of for-sale housing. The Agency approved a Disposition and Development Agreement ("DDA") on October 15, 2002. The Agency's obligation under the DDA is to sell the site to Laing with certain conditions. In addition, the Agency/City will commit approximately $1,000,000 from its Second Mortgage Assistance Program ("SMAP"), HOME and other first-time homebuyer programs to income-qualified buyers for the planned affordable component that includes 36 (64 percent) of the planned 56 units. Laing's obligation under the DDA is to obtain entitlements, construction financing for the project and the sale of the homes. The 36 affordable homes must be sold to income-qualified households (see attached schedule). Laing will also offer preference to Anaheim residents and persons employed in Anaheim to qualify for homes prior to a general public release. Laing anticipates starting construction of the model homes during the fall of 2003, with closeout to be approximately one year thereafter. If you have any questions or need additional information, please call me at (714)765-5238. - Attachment W L Homes Disposition and Development Agreement Affordable Housing Cost by Home Number of Number of Sales Price. Homes Bedrooms Affordable to 80°/D of OC 6 2 - 3 $261,609 Median* Affordable to 110% of OC 14 2 - 3 $285,000 Median* Affordable to 120°/D of OC 8 3 $309,990 Median Affordable to 120% of OC 8 3-4 $324,990 Median Market Rate 20 3 - 4 $449,990 - $469,990 Total Number of Homes*' 56 Requires 45-year resale controls per state law. "* Current estimate of homes to be built. Total number of homes will be based on land use entitlement obtained by developer. F.\DOCSb1DMIMh1EM05\Odhf! l I!° DOC ITEM N0. 4 ~-- , ] ~i _ I GERRtjOS P~ENUE ^~ ML SMALL INDUS. FlRMS I I ~~~ -I I IPCL~)5-3153) I j I PFL ]4]5.20 ML ? I I 1 3) SMALL INWS. FIRMS ~ 999045 I I ~ -~~--) Dl RCL]<d62113) ~--~ f ~ RCVa]120 ~ ML F- SMP31 IN6U5. FlRM ~gn99-00.1b SE) ~ i ___--__- 1 I / RCL ]ais-21 31 ~ ML CD --/ / Rcv4asz~ 9s-oo-is RCL 99-00.15 (3) / SMALL INpIIS. FRMS g IRn.o11,M1 b5E) ~. RCL 98-99-04 % RRCL ]a]SN 37 ML U RCL )a)s2b Q RCL 94-95-06 s499ns Z SMALL INDUS 3 RCL 62-63-19 j i IRn.NmLb 9E) y. - ~ p RCL 69-70-43 ] ] Acva)s-211x) ~[/ ', Q _-___ _ RCL 69-7042 --_„__~ / i RCL ]a]sm ML C(7 " O - CUP 4034 L / CUP 3s11 99~a9ns SMALL INWS.FlRMS (Res. olbLm S1E1 ~ - -, ~ -- -OFFICE COMPLEX / ~ ~RLL )4>53d31 ~ ~ -__-_-__ 11R 9~Lib SEI INO 5 ~ Q ACL)4-]5-2153) FIPMS ~ J PCVa]5.2 SMALL INOVS. FIRMS Q- /~ ~ ML VAR ]9fi] ~r` S O 0 ~R 9&InL1io SE) 9&00.15 [- RCL )i-)5-2f (]) (Res of IOL W SEI ~. PLL ]a]S2 RCL 62-83-16 SMALL INDU6. FlIA18 ';'CUP 2 0 0104 6 8 6 ,~ ,>, CUP 2001-04324 ' CUP 3]00 ~ VAR 4417 l ,!• P6P 2003-0OO0.t ` SCW 2003-00023 / ~- .--ARROWHEAD POND '~ PARKING LOT ML 9490.15 ~ {' PR Din. dlnL b sE) - RCL 8490-29 RCL )9b0.33 RCL 63]04312) PALL csi0oji r ~ ~~ RCL fiB-]O-02 SMALLL "I ~" CUP 3fi53 INDUS. ~ y,! CUP 1686 FRMS L ~,y ~ " CUP 1353 p VAR 25]6 b Q VAR 2259 Q ° " ARROWHEM POND g / ~ / ,~,-;, , ,, ~ i OF ANAHEIM p y~2 Ne=p s13• ~ ¢p ae Rs-A43,9o6 ~ ~' RCL 6370+13 RCL 63]042 ARROWHEAD POND dL PARKING LOT '-o I Conditional Use Permit No. 2003-04686 Subject Property Final Site Plan 2003-00003 Date: May 5, 2003 Scale: Graphic Requested By: MICHAEL MOORE Q.S. No. 127 CUP2003-04686 -REQUEST TO PERMIT A VOCATIONAL SCHOOL WITHIN A NEW OFFICE BUILDING AND ACCESSORY COMMERCIAL EVENT PARKING. WITH WAIVERS OF: (A) MINIMUM NUMBER OF PARKING SPACES (B) MINIMUM LANDSCAPED SETBACK ABUTTING A FREEWAY FSP2003-00003 -REQUESTS REVIEW AND APPROVAL OF A FINAL SITE PLAN TO CONSTRUCT A TWO-STORY OFFICE BUILDING WITHIN THE (SE) (SPORTS ENTERTAINMENT OVERLAY) ZONE. 1501-1551 South Douglass Road 657 Staff Report to the Planning Commission ' May 19j 2003 `Item No: 4 4a' ENVIRONMENTAL IMPACT REPORT NO. 321 tPREVIOUSLY CERTIFIED) `(Motion) 4b;' WAIVER OF CODE REQUIREMENT {Motion) 4c. :?CONDITIONAL'USEPERMITNOi2003-04686 (Resolution)' 4d: FINAL SITEPLANREVfEWN02003-00003 .(Motion) SITE LOCATION AND OESCRIPTION~. (1) ..This irregularly-shaped 7.25-acre property has a frontage of 1,560 feet oh the west side of Douglass Road, has a maximum depth. of 513 feet, and is located 690 feet north of the centerline of Katella Avenue (1501 --1551 South Douglass Road). REQUEST: (2) 'The petitioner requests approval of the following: Conditional Use Permit No. 2003-04686 - to permit a vocational school within a new office building: and accessory commercial event parking under the authority of Code Sections 18.50:090.120 and',18.50:090:130 with waivers of the following: (a) SECTION NOS::. 18.06.050.0232 - Minimum number of oarkino 18:06:050:0263 and 18:50::160 spaces. (739'spaces required; 630spaces proposed and recommended. by the Traffic and Transportatioh Manager):' (b) SECTION NO. 18.50.130.0207 - Mlnlmum landscape setback abuttino a freeway: 25 feet required; 3 feetproposed). Final Site Plan Review No. 20D3-00003 = to construct atwo-story office building within the SE (Sports Entertainment) Overlay Zone. :BACKGROUND: (3) This property is currently developed with a commercial evenk parking lot and is zoned ML °; (Limited Ihdustrial).` The Anaheim General Plan Land Use Element Map`designates this property for Business Office/Mixed Use/Industnalland uses. (4) At the request of the petitioner, this item was continued from the May 5,'2003, Planning Commission meeting in orderao revise the parking'study and o enhance the design of the proposed: office building. (5) On March 2, 1999, the City Council certified EIR No. 321, approved General Plan Amendment No(361, and adopted the Stadium Area MasterLand Use Plan and the implementing Sports Entertainment (SE)`Overlay Zone (Chapter 18.50).; This property is ' located in the Arrowhead Pond District; as identified by the Master Land Use Plan and Section 18.50.110 of the Sports Entertainment (SE) Overlay Zone. In accordance with the requirements of the SE Overlay Zone, staff will also be preparing an ordinance for City Council' consideration to finalize the SEOverlay zoning on this property::; sr8594av Page 1 Staff Report to the Planning Commission May 19, 2003 Item No. 4 (6) Surrounding7and uses'are as follows: Direction 'Land Use' Zoning .General Plan :Designation North and West SR-57 (Orange) Freeway - Freeway East (across 'Office Complex and ! CO and PR (Public Business Office/Mixed bouglass Road) ::Arrowhead Pond of Anaheim Recreational) Use/Ihdustrial 'South !Event Parking RS-A-43,000 Business Office/Mixed Use/Industrial 'PREVIOUS ZONING`ACTIONSi (7) The followingzoning actions pertain to this property: (a) Conditional Use Permit No. 3700 (to establish and construct a parking area adjacent to `an indoor.: sports and entertainment facility (Arrowhead Pond bf Anaheim) with waiver of .'required landscaping) was approved 6y the Commission'dn July 25, 1994. 'If the Commission approves this request, staff recommends that this permit tie terminated. (b) Variance No. 2000-04417 (to waive minimum landscaped setback abutting a freeway to construcfone (1) two-story and one (1) four-story office building) was :approved. by the Commission on February 26,.2001. This project was never tleveloped,'therefore,' if the Commission approves this request, staffYecommends that this permit tie terminated. (c) Conditional Use Permit No. 2001-04324 (to permit a commercial parking lot in conjunction with a proposed office ?complex) I, was approved by the Planning Commission on February 26,::2001. If!`the Commission approves this request,` staff 'recommends that this permit tie terminated, DEVELOPMENT PROPOSAL: (8) The petitioner proposes to permit a vocational school (Westwood College) within a new 50;000 square foot office building'and to retain accessory commercial event parking during intloor sports and entertainment events taking place at the Arrowhead Pondof Anaheim. The petitioned also proposes future development of an 8,700 square foot restaurant, which would be subject to future final site plan review and approval by the Planning Commission as'a Reports'and Recommendations item. Page 2 Staff Report to the Planning: Commissidn May 19, 2003 Item No. 4 (9) The site plan (Exhibit No. 1) indicates the proposed building would be developed with he following structural and landscaped setbacks: 'Direction + Buildingl Code-Required :Code-Required' Landscape Setback :Building :Setback Landscaped Pro osed Setback North and West (adjacent 72fieet to building to SR-57 (Orange) 3 feet of landscaping 25 feet 25 feet Freewa aEast (adjacent to Douglass 43 feet to building Road) 20-43 feetof 20 feet 20 feet landsca in South 402 feet to building None None 3-4 feet of ilandsca'in (10) As evidenced in the atiove table,plans indicate compliance with the minimum 20-foofwide landscape and structural setback:from Douglass Road. However, a 3-foofwide landscaped setback from the Orange Freeway is proposed and Code requires a minimum 25-foofwide landscaped;setbackadjacent to'afreeway. ~n.. - ~„ r ~; ., ~, x r lA ~R ~e ma=r: r' ^'~ F 2 ';a'~!~z~ f i r '`~y A~` ~ s ~ s. ~,~' r~ r r ~. ~ aas""``1' `s°- ,, .'' ~' ~m ~ ss~c.4h'd'4ic3~,u rrl~2 9 9~-r ~+.+ ;... :?Fc<~:sr.- `' ~' a- .k' '~i?" u~w ~'~ ~~~' S~"r ~.€`r~`o+.~-~ :r,r"'u ~-~-.,~ 'y'` r r x;•;,~'~~ ~`~r `.v"~,~`r. ~~k~?.ru~~aK-s-~£. .r c a ~zo r~"^-,~'~~ fv r :'~.::-,. ~.4 ;C%'^ ~~!'~s.s y,7 ,c'r' 4-G rNr f7`5~ ~r ~..+rr w4 ~ "Y"z ba e' ~ r /r~' r5 f !. r4 ~ sw 2 y v,~^~`~' °~ys~~~i~"-'~~^~,' ~"'>~~`~s4 ~2r¢ ?s sK~``i-.a ~-;fr3%l3' s~`r ~a'~ a~~'~„ r~j^ ,~`~F,,r~ r ,.~ i 3,r .v "~~ .:"" t~ .- .~..,.. '~~`~~ ~~ €' `y' ~s ~.,' `` ~r~ ~.m' ~, a `;"`r ,~~`,. f a ..~? ~` ~~~+~" ~/'.m''y ~~„ . ~~g. ~ a b f a `4 `art `~^`~ pS~~` i'...Y '~ '~ .. .~~q,.z--~.e.. ~? 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Photograph of property looking north. j (11) Floor plans (Exhibit Nos. 2, 3 and' 4) reflect a typical vocational school layout consisting of 2=stories and a total of 50,000 square feet. The first floor contains a main lobby at the eastern entrance, and restroomsr elevator; bookstorejlibrary, and study rooms located in the center core. Offices and classrooms su~rounding;the core and comprise the majority of floor area.'Floor plans`also indicate the western portion of the first floor would contain a student commons leading to artoutdoor seating area.'7he second floor core area is designated for the faculty with instructor offices, copy and workrooms, conference rooms, Page 3 Staff Report to the Planning Commission May 19, 2003 Item No. 4 restrooms and a staff lounge. The entire perimeter of the second floor consists of classroom area. (12) Vehicular access to the'site is provided by three (3) driveways from Douglass Road. The site plan proposes a total of 630 parking spaces for the: proposed'vocationafschool and future restaurant pad. Code requires a minimum of 739 spaces tiased on the following: Code-Required Parkhg Use Square Footage Parking Ratio per Required 1,000 s.f. of gross `'.floor area Trade School 0.82/per student or < '492(spaces (instruction area) 21,000 20/1000, whichever results in hi her Number Trade School (office ' 4/1000'. 116 spaces area 29,000 ::Restaurant future t3,700 15/1000r 130.5: '.Total '; 58,700 -- < 739 s aces 'Parking basetl on a total`enrollment of 600 students, whicfi'results in fookage of proposed instruction area (13) The petitioner, has submitted building elevation plans (Exhibit N ..,.~~..~~~y. ,,,.....,,~,.., r .............~,~, ~„ ~,,..,,~y ~.,.~,~.,~~ .....,,...,.,.,,~.. ~.,..,~,;;,.,,..~..,..,..,,, Page 4' 'Staff Report to the ?Planning: Commission May 19,!2003 f Item No: 4 ;~ ~ ~, ~ -,~~ t4,` ~ ~.,,v ~ ~ ;- t``+ ~~~ ~; ~ ~~ ~ ~ `~ ~ ~~~ }.~ i ~~y .: ~ ~~ -a~a, ~ yr r "fi ~ J.. ~~pf~~~ £.c1= }~) i~ ~9y. 1"!t.`rv1s-~ai~~~n~ ~ ~~ ! -~ ; Sk d~g„ S ~ .~. ,Y ~ j , M awW N sE ~ N.,,ry csS ~ Q r. 'h.L r+, v fo' 6 .Yl.g b r.. Rendering of proposed east elevation. (14) :The proposed landscape plans'(Exhibit Nos. 7 and 8) show a planting scheme consistent with the plant paletteidentified rn the Stadium Area Master Lantl Use Plan. The landscape plan shows a minimum 20-foot wide, landscape settiack along,Douglass Road consisting of ;grass groundcover, 45 twenty-four inch box and 27 thirty-six inch box Cajeput trees, 5 '.,thirty-six inch box and 5 forty-eight inch box Coral trees and 48" high screen shrubs to screen the:, parking lot from street view. Plans further indicate 3-4 foot wide landscape setbacks along the south (interior) property line and the west property line adjacenEto the freeway, consisting of 22 existing Crape Myrtle treed evergreen shrubs and Flowering groundcover. Parking lot landscaping would consist 16 thirty-six inch boz Tipu trees, 8 ;.twenty-four' inch box Bottle trees and landscape areas separating each row of 10 packing '.spaces with 61 twenty-four inch box London Plane trees. Two triangularly-shaped planter iareas within the parking lot would be landscaped with groundcover and groves of Brisbane trees l8 15-gallon antl 7 twenty=four inch box). (15) The landscape plan representing the south portion of the property (Exhibit No. 7) and site plan (Exhibit No. 1) reflect the tlesign features proposed for the entry plaza (east of he building) and the outdoor patio. (west of the building), The entry plaza would consist of pedestrian walkways: constructed with enhanced paving leading to the entrance of the building. ,16 Mexican Fan Palms of varying heights and sizes would frame the entry arch. Flowering groundcover and shrubs wouldaine the bottom of the building. ;.The outdoor patio '.would be enclosed and shielded from the parking lot and freeway by a 4'6"high patio wall, Seating walls and tables and chairs would be intermittently placed for students and. faculty. .The patio would be further enhanced with; lighted trellises, uplighting of landscaping; and `enhanced'paving. Landscaping on the patio would include a circular lawn, shrubs and 5 96"-box flowering Pink Trumpet trees. (16) The landscape plan also shows the locations of the street trees and staff inspectioris have `confirmed hat streets trees have been installed atljacent to this property:. The landscape treatmentwithin the fight-of-way is shown on plans for informational purposes onlyl; When street improvement plans are submitted to the Public Works Departmehf for approval, the precise tree, shrub and groundcover species, quantity, and size will be reviewed fori ':conformance with the Stadium`Area Master Land Use Plan. Ifthe developmenfof new `driveways requires the removal of any existing right=of-way trees, the petitioner would ".replace them at an alternate location. Page 5 Staff Report o the Planning Commission May 19, 2003 Item No. 4 r ..5 ~,::. ~ . a ..~ ,, ,~~„~' n y(F y 5 ~ ~U3x ~ : r~ ~: z .. ~ ..<.^ .r,~ : Jr,~3~^ -e ~-"a,Le~ ~ zlf'~ ~~ ~-* fiti ~ vs r x~ J r i ~ ~" r~ ~.t`kr~' .~" k„-s~~,~ ~ t~~~ :~ ~r~ ~~-~-a ~ ~r ~~z~-" '~ ~ ~~~-~3~~,r c ~.rh~ ~7y~~~, f X~~ ~~ ~ rr >N-'Car -,~„Y,~.r~F?~r~~.Y:~ °h~+n ~~ ,`k?,r~.cC . C~.~ } ;`", ~~ ;r..Y"~'Sa, '` xs ~,.: c„''a rr~ r~~! ::.:.-o- _!a Photograph of existing street trees along Douglass Road. (17) The roof plan!(Exhibit No. 9) shows the strategy employed by the petitioner to screen roof- mounted equipment. As previously mentioned, a 7-foothigh parapet would extend above the``roof line and would compietelyenclose alfvoof-mounted equipment areas. This serves as an architectural feature of the building andwould provide for an effective visual screen for the roof-mounted equipment. However, tiecause roof-mounted equipment would still be visible to upper lobby areas of the Arrowhead'Pond, plans also indicate apre-fabricated roof screening painted to match the color of the roof that would enclose all proposed roof- mounted equtpment. (18) The submitted letter of operation describes Westwood College as technical school specializing irt' Computer Networking, Computer Programming, Graphic Design, and Computer Assisted Drafting. The college intends to have an enrollment of 500 to 600 students splif evenly between day and nighttime classes. The hours of operation would be 7 am, to 11 p!m., Monday through'Thursday, 7 a.m. to 5 p.m. on Friday and 8 a.m. to 5 p.m. on Saturday. Westwood College plans'to have a staff of approximately 30 full-time employees. ? (19) The petitioner submitted a letter of'request to'utilize the parking areas associated with the proposed office building'and future restaurant for commercial event parking.,: The operation would be similar to the service provided for the past nine years, with a few modifications, Instead of utilizing the entire property, event parking would be directed by the Anaheim.. Police Department to the most southerly driveway. Atl Westwood'College student and staff would enter and exit the'property at the signalized intersection located directly west of the Trammel Crow office complex. The City of Anaheim Traffic Management Center and the Police Department would continue to monitorthe placement of cashiers and event circulation. An issued parking pass would identify Westwood College students and permit entry to the site at the signalized intersection shared with the Trammel Crow office complex during events• (20) The proposed Floor Area Ratio (FAR) of the office building would be 0.16. The Arrowhead Pond District west of Douglass Road permits an FAR of up to 0.45: In addition, the Trip Budget for the Arrowhead Pond District is 43:95 trips per acre for a total of 319 p.m. peak Page 6' Staff Report to the' Planning Commission May 19 2003 Item No~ 4 hour trips. Based on a trip generation factor 0.246'p.m. tripsper student, the development would generate 223 trips in the p.m. peak hour ih compliancewith the SE Overlay Zone, ENVIRONMENTAL IMPACT ANALYSIS: (21) ;Upon review of theipetitioner's Environmental Compliance Form, staff finds that the proposed. project's'environmental effects are withidthe parameters, assumptions and time `frames analyzed in he previously-certified Environmental Impact Report No. 321 for the Stadium Area Master Land Use Plan. Staff has prepared a Mitigation Monitoring Plan for the proposed project incorporating the measures included in Mitigation Monitoring'Program ' No. 005 which are applicable to this project. (A copy of this Mitigation Monitoring Plan is on file in he Planning Department and has been forwarded to the petitioner). GROWTH MANAGEMENTiELEMENT ANALYSIS: (22) The proposed project has been reviewed by affected City departments to determine whether it conforms with the City's Growth Management Element adopted by the City Council on March 17, 1992. Based on City staff review of the'proposed;project, it has been determined that the!project complies with the Trip Budget for he Arrowhead Pond District and does'not require a Growth Management Element analysis, therefore, no analysis has been performed. EVALUATION: (23) The implementing (SE) Overlay Zone requires Final Plans to be submitted for Planning ' Commission review'and approval as a "Reports and Recommendations" item prior to issuance of a grading or building permit, whicheveroccurs first. If the Final Plans are found to'be in conformance with the (SE) Overlay Zone and Design Guidelines, the Planning Commission may approve the final plans. However,'. because a conditional use permit with waivers is also being requested for the proposed school, the Commission must "also find hat the use is compatible with surrounding land uses and that there are special circumstances which apply to his property that deprive the petitioner of privileges commonly enjoyed., by other property owner in the same vicinity and zone. (24) i The project has been reviewed for consistency with'the (SE) Overlay Zane and Design Guidelines and recent projects in the immediate vicinity. The submittetlplans, including landscaping (with tfie exception of the landscaped setback along the freeway) and building - elevations are consistent with the intent of the Guidelines to create an interesting combination of building mass'and articulation, an integrated Tandscape;theme and a complementary miz' of building materials: The design of theproposed building is ' complementary to the Arrowhead Pondof Anaheim and the.Trammel Crow office complex to the east. Page 7 Staff Report to the Plahning Commission May 19; 2003 Item No; 4 Currently, the access roads leading to the Westwood College site on Douglas Road do not provide or allow on-street parking at any.. time along he roadway. Westwood College cannot increase demand or competition for on-street parking that does not currently exist. Parking demand for the school antl the restaurant will be satisfied on-site. (c) The variance will not increase the demand for parking spaces upon adjacent private property in the immediate :vicinity of the proposed use (which property is not expressly provided`as parking fpr such use under an agreement in compliance with Section118.06.010f020 of this Code). Based upon the empirical data collected at the currenF Westwood College campus, existing peak parking demand plus a 10 percent buffer can be served by a supply of 285 spaces. The site will provtle 497 spaces for student use and 130 spaces for restaurant use. Asia result, any additional remaining spaces will be sufficient to meet increased demand, from the school or restaurant, on-site. ;Parking demand and competition on adjacent properties will not be affected by the parking supply located on this site. (d) The variance will not increase traffic congestion within the off-street parking areas or lots provided for such use. As illustrated in Figure 2, dimensions of the internal circulation system consist of 24-foot wideidrive aisles and meet City design requirements. This width is r adequate for intemal two-way operation and sufficienfto meet the circulation needs of internal traffic. (e) The variance will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. As illustrated in Figure 8, the north project driveway will align with the intersection at Arena Corporate Drive and will provide three travel1anes (one inbound and two outbound lanes). Drive lanes in the driveway will be 12-feet wide. Ingress and egress form: the site will be facilitated by the'signal at this intersection and Will not hinder access to the Arena Corporate Center. During: the events, site access will follow the guidelines set by the Traffic Management Plan for Arena Corporate Center (Kaku Associates, 1998).?' (27) Waiver (ti) pertains to the minimum required landscape setback adjacent to a freeway. Code requires a 25=foot wide,'futly landscaped setback adjacent to the SR-57 (Orange) Freeway: The planindicates a 3-foot wide landscaped setback. The irregular shape (triangular) of the property constrains development in conformance with Code requirements fora 25 foot landscaped setback adjacent to the freeway. Additionally, the existing Caltrans right-of-way slope provides landsdaping and a substantial difference in grade between the freeway and the subject property. Commission may also wish to note that the property across Katella Avenue to the south between the freeway and Douglass Road was. granted a'similar waiver for the existing fiotel. Page 9 Staff Report to the > Planning Commission May 19,' 2003 Item No 4 (b) That the waiver, under the conditions imposed, if any, will not increase the demand and'competition for parking spaces'upon the public streets in the immediate'Gicinity of the proposed use; and (c) That the waiver, under the conditions imposetl, if any, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use; and (d) That the waiver, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking areas'br lots provided forsuch use, and (e) That the waiver, under the conditions imposed, if any, will not impede vehicular ingress to or egress from' adjacent properties upon the public streets in the immediate vicinity of the proposed use. Unless conditions to the contrary are expressly imposed upon the granting of any waiver `pursuantto this Section by theiPlanning'Commission or City Council, the granting of any such waiver shall be deemed contingenfupon 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 waives Exceeding, violating,:ntensifying' or otherwise deviating from any of said assumptions as contained in 'the parking demand'study shall be deemed a violation of the express conditions imposed 'upon said'waiver which shall subject said waiver to termination or modification pursuant to `'the provisions of Sections 18.03.091 and`18.03.092 of this Code. (30) ':Before the Commission grants'any conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: (a) That the proposed use is properlybne for which a conditional use permit is authorizedby the Zoning Code, dr that said use is not listed therein as being a permitted use; (b) That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in whicft 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 developmentbf the proposed use. in a manner nofdetrimental td the particular area nor to the peace, health, safety, and general welfare; l (d) That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved'to carry the traffic in the area; and (e) That the granting of the conditional use permit under the conditions imposed; if any, will'not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. RECOMMENDATION: (31) Staff recommends that unless'additional`br contrary information is received during the meeting, and basedupon the evidencesubmitted to the Planning Commission, including the evidence presented in this staff report, and drat and written evidence presented at the public hearing thafthe following actionsbe taken: Page 11 Staff Report. to the Planning Commission May 19, 2003 Item No. 4 (a) By motion, determine that the previously-certified EIR No.i321 is adequate to serve as the required environmental documentation for this request. (b) By motion, approve waiver (a) pertaining to minimum number of required parking spaces based upon the conclusions contained in the submitted parking study as approved by the City Traffic and Transportation Manager and indicated as described in paragraph no'. (26) of this report; and that the. waiver would not cause fewer off-street parking spaces to be provided'for this use than the number of spaces necessary to accommodate all vehicles': Further,`this use would not increase traffic congestion.: within the off-streefparking areas or lots provided for such'use or impede vehicular ingress to or egress from atljacent properties, upon the public streets in the immediate vicinity. (c) By motion, a rove waiver (b) pertaining to minimum landscaped setback abutting a freeway based on the hardships described iri' Paragraph'(27) of this report and thafstrict application of the Zoning Code would deprive the property owner of privileges enjoyed by other properties in the same vicinityand zone.:: (d) By resolution, approve Conditional Use Permit No. 2003-04686 (to permit a vocational school within a new office building and accessory commercial event parking) based an the following: (i) 'That this use is properly one for which a conditional use permit is authorized by the Zoning Code. in the ML;(SE) Overlay Zone. (ii) i That as conditioned herein, the vocational school and event parking would not adversely affect. the adjoining land uses and the growth and development of the area based on adherence to the required traffic management plan. (Iii) That the size and shape of the site for the proposed use is adequate to allow the development of the property in a mannednot detrimental to the particular;area nor to the peace, health, safety, and;general welfare. (e) By motion, approve Final Site Plan No 2003-00003 to construct atwo-story office building within the ML (SE):Overlay Zone. THEFOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS' ACTING AS AN INTERDEPARTMENTAL COMMITTEE AND ARE RECOMMENDED FOR ADOPTION BY THE : PLANNING COMMISSION W THE EVENT THAT-THIS PERMIT IS APPROVED 1. That gates: shall not be installed: across any driveway: in a manner which may adversely affect P vehicular traffic in the'adjacent public streets. Installation of any gates shall conform to Engineering Standard Plan No. 609 and shall be subject to review and approval by the City Traffic and Transportation Manager prior to issuance of a building permit. 2. That plans'shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with the current versions of Engineering Standard Plan Nos. 436, 601 and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon tie developed and maintained in conformance with said plans, i Page 12 7 Staff Report to the Planning' Commission May 19;2003 Item No,'4 3. That an on-site gash truck turn around area shall'be provided in accordance with Engineering Standard Detail Tlo. 610 and shown on plans submitted for building permits, as required byahe Department of Public Works, Streets and Sanitation Division. 4. That no required parking area shall be fenced or otherwise enclosed for outdoorstorage uses. 5. That the developer shall comply with Ordinance No. 5209 and Resolution No. 91 R-89 relating to the Transportation Demand Management (TDM),by providing on-site taxi and sftuttle bus loading zones and byjojning and financially participating in the ATN and Cieah Fuel Shuttle Program and by installing bicycle racks. `Said formation shall tie specifically shown on plans submitted for building permits.:` 6. That plans shall be submitted to the City Traffic and Transportation Manager for his reviev/ and approval in conformance with the Engineering Standard No 137 pertaining tp sight distance visibility for the sign or wall/fence location. 7. That the property owner or petitioner shall be responsible for paying the full cosfassociated with the use of any Police Department and/or Traffic Managemeht Centerstaff who may be needed for traffic control purposes. 8. 4 That the developer shall pay for the redesign and. reconstruction of the traffic signal at the project's northerly driveway to provide for a full access intersection. 'Plans showing the redesign of the traffic signal shall': be submitted to the Traffic and Transportation Manager for review and approval Reconstruction shall be complete prior to the final occupancy of the building. 9. That plans shall tie submitted for review and approval by the City Traffic and Transportation Manager showing the closure of the most southerly driveway. Said driveway shall be reconstructed with full curb'and gutter 10. That the school shall issue parking permits for all' Westwood College students and staff and that students and thafthe signalized intersection shall be used during events at the Pond. 1 L; That accessory commercial`event parking shall tie directed to the southerly driveway. The event staffing and barricades for the Pond's'parking shall coordinated with the Police Department and provided in such a manner as to minimize the possibility of entering traffic backing up to Douglass Road.' 126 That the water backflow equipment and any other large water system equipment shall be installed to the'satisfaction of the Water Utilitybivision in either underground vaults or behind the street setback area in a manner fully screened from all public streets and freeways. 13. That since this project has landscaping areas exceeding two thousand five hundred (2,500) square feet, a eparate irrigation meter shalt 6e installed'in compliance with Ordinance No. 5349 and Chapter 10.19 of Anaheim Municipal Code. Said information shall be specifically shown on plans submitted for building permits. 14.` That trash storage areas shall be provided and maintained ih location(s) acceptable to the Public Works Department, Streets'and Sanitation Division and imaccordance with approved plans on file with said Department. Said: storage areas shall tie designed, located and screened so as not to be readily?identifiable from adjacent streets or freeways. The walls of the storage areas shall be protected from graffiti opportunities by he use of plant materials such`as minimum one (1)'gallon sized clinging vines planted on maximum three'(3) foot centers, or tallshrubbery. Said information shall tie specifically shown'dn the plans submitted for building permits. Page 13 Staff Report to the Planning Commission r May 19, 2003 Item No. 4 15. That a plan sheet for solid waste storage'and collection and a plan for recycling shall be submitted to the Streets and Sanitation Division for review and.. approval; 16. ::That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim an easement for public: utility purposes to be'determined as electrical design is completed. 17. That all air conditioning facilities and other roof and ground mounted equipment shall be properly shielded from view from the SR-57 (Orange) Freeway, surrounding streets and the`Arrowhead Pond of Anaheim. Such information shalt. be specifically shown on the plans submitted for building `.permits. 18, That the property shall be permanently maintained in an orderly fashion by providing regular landscape;maintenance, removing of trash or debris, and removing of graffiti within twenty four (24) hours from time'of occurrence. 19. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseasediand/or dead. 20. That the locations for future above-ground utility devices including, but not limited to, electrical. 'transformers, water backflow devices, gas, communications and cable tlevices, etc., shall be shown on'plans submitted for building permits. Plans shall also identify the specificscreening treatmentbf each device (i.e, landscape screening, color of walls, materials, identifiers, access .points, etci) and shall be subject to the review and approval of he appropriate City departments. 21. .That four (4) foot high street address numbers shall be displayed on the roof in a contrasting color to the roof material. The numbers shall not be visible to any street, freeway or adjacent property. Said information shall be specifically shown on plans submitted for buildirg permits.' 22. :That the grading plan submitted by the developer shall include provisions for tree well construction and installaticn of parkway trees and additional landscaping and irrigation in accordance witRthe Circulation' Element and the Stadium Area: Master Land Use Plan, and as; approved, by the Parks 'Division and the CityEngineer. ':The improvements shall be completed prior to final`building and .zoning inspections. 23. That a lot line adjustment shall be submitted to the Public Works Department, Development `Services Division to merge the existing paroels into one legal lot. The lot line adjustment shall be 'approved by the City. Engineer and recorded in the office of the Orange County Recorder. 24. That a letter requesting termination of Conditional Use Permit No. 3700 (to establish and construct e parking area adjacent to an indoor sports and entertainment#acility with waiver of required Tandscapirig) Variance No. 2000-04417 (to waive minimum landscaped setback abutting a freeway to construct one (1) two-story and one (1),four-story. office building), and Conditional. Use Permit No. 2001-04324 (to permit a commercial parking lofin conjunction with aproposed office complex) shall be submitted to the Zoning Division. 25. That subject property shall be developed substantially in accordance with;plans and peciflcations submitted o the City: of Anaheim by the petitioner and which plans are on file with the Planning `Department marked Exhibit Nos. 1 through 11, and as conditioned herein: 26. That the petitioner shall be responsible for compliance with all mitigation measures included in the attached Mitigation Monitoring Plan No. 005 as established by the City of Anaheim and as required by Section 21081.6 of the Pubiic'Resources Code within the assigned time frames and any direct cost associated with their implementation. Page 14 Staff Report to the Planning Commission May 19,;2003 :`Item No: 4 27:' 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 Nose: 1, 2, 3, 5 6, 8, 9;.13, 14, 15,.16, 17, 20, 21, 22, 23 and 24, herein-mentioned, shall be'complied with. Extensions for further time to complete said conditions may tie granted ih accordance with Section 18.03.090 of the Anaheim Municipal Code. 28. That prior to final: building and zoning inspections, Condition No. 8 and 25 herein mentioned, shall be complied with: 29. That approval of this application constitutes approval of the;proposed,request only to the extent that itcomplies 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 15 ATTACHMENT - ITEM N0. 4 SECTION4 PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQLFST FOR WAIVER OF CODE SECTION: PERTAINING TO: waiver) Sections 18.03.040.030 and 18.12.060 of the Anaheim Municipal Cade requue that before any variance or Code waiver maybe granted by [he Zoning Admirdstrator 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 detemune if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer each of the following questions regazding the property for which a variance is sough[, fully and as completely as possible. If you need additional space, you may attach additional pages. 1. Are there special~i4'cumstances that apply to the property in matters such as size, shape, topography, location or 2. 4. EXPLAIN `~ ~I 2 ~aJ ~~~ 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 hayq the a ct of granting a special privilege not shazed by other property in the same vicinity and zone which is not a i,~e a ess u orized by zone regulations governing subject property. Use variances aze not permitted. of , , weer Authorized Agent Date pECEMBER 12, 2000 CONDITIONAL USE PERMITNARIANCE NO. SUP r10, L003 - U 4 6 $ 6 Do the special circumstances applicable ro th~iroperty deprive it of privileges currently enjoyed by neighboring properties located within the same zone? _Yes No Were the spe ' 1 circumstances created by causes beyond the control of the property owner (or previous property owners)? _ Yes _ No ITEM N0. 5 RSA-83;000 MARSHALL ELEMENTARY SCHOOL CRESCENT AVENUE RM3000 RCL7&79-40 ~------_~_ I VAR 3098 ! l__ ~NOOS I 44 DU i ~ RCL 86-87-25 RM-,200 RCL &ifi /-59 - VAR 2013 - VAR 1871 VNA AOULTiNING 720 DU RM-3B00 RCL 69-90.51 CUP 3471 THE COMMONS GARDEN APTS. 12B DU VAR 3645 APARTMEMS 21 DU LL _ 2 U a a BAYLOR CIRCLE J O Z Q 7 PR RO.7S74-34 GOLF COURSE Conditional Use Permit No. 2003-04685 ~sf Subject Property Date: May 5, 2003 Scale: Graphic Requested By: CARL J. LUGARO Q.S. No. 26 REQUEST TO CONSTRUGT AN AUTOMOBILE CARWASH FACILITY WITH AN ACCESSORY FAST FOOD RESTAURANT AND ACCESSORY RETAIL SALES. l ~ 1 . L GLENCREST AVE r m RS7200 j RS-7200 1 DU EACH p i DU EACH Q 2 .(i4kirN~FiyJ~r~.~. L~1 ~ T T PARCELI ~~~~'' 2 2 Parcel 1:590 North Magnolia Avenue and Parcel 2: 510-542 North Magnolia Avenue sss(2oos-a-zsl Staff f Plann May 1 'item P 5a. CEQA' 5b.i CONDI SITE LO s (1) P ti a (2) .i s ib REQUE (Resolution) e southeast comer of ;ast side of Magnolia Avenue orth Magnolia Avenue). ge of 77 feet on the south: d 195 east of the cehte[lihe' RIPTION (3) The petitioner requests approval. of a conditional use permit under authority of Code Section 18,44.050.080 to construct an automobile car wash facility with an accessory fast food restaurant and accessory retail sales. BACKGROUND: (4) This item was continued fromthe May 5, 2003, Planning Commission. meeting in order to allow the applicant time to revise the proposal and submit an acoustical analysis to > demonstrate compliance with he City's Noise Ortlinance. (5) Parcel 1 is vacant and is located' adjacent and to the north of Parcel 2. Both parcels are zoned CL (Commercial, Limited) and aye designated by the Anaheim General Plan Land Use Element Map as properties for Low-Medium Density Residential' land uses: Both of these properties'are also designated as a housing opportunity site for future housing. General Plan Amendment No. 38t (City Initiated) changed the general plan designation from General • Commercial to Low-Medium Density residential land uses. Parcel 2 contains an existing commercial center (Magnolia -Crescent Shopping Center). PREVIOUS ZONING ACTIONS: t (6) Conditional Use Permit No. 1254 (to permit on-sale beer and wine in an existing delicatessen- `restaurant) was approved by the Planning Commissibn on August 9, 197f'. {7) Surrounding land uses are as follows: Direction Land Use 'Zoning General Pian Desi nation North (across Single-Family Dwellings; RS-7200 Low Density Crescent Ave) Residential East Single-Family Dwellings RS-7200 Low Density Residential South Sih le-Famil Dwellin CL O en S ace West (Across Condominiums RM-3000/ RM-1200 Medium Density Magnolia Ave.) Residential Sr 5008jr Page 1 tepdrt to the ng Commission' 3, 2003 o. 5' (Motion) sales and afast-food, take-out restaurant (Subway). (g) The site plan (Exhibit No. ;1) indicates a proposed carwash and accessory restaurant with a ~ trellis-covered detail area,'storage room, and outdoor dining/waiting area. The proposed building would also include a new trash enclosure and eight (8) freestanding light standards 20 feet in height. Plans indicate a new6-8 foot high masonry wall on portions of the eastern and southern boundaries of the property ine shared with the adjacent commercial!property.'A 3- foofhigh gardert wall is proposed along the south property line from: the carwash to Magnolia Avenue. Stamped concrete in a faux slate pattern is proposed at the driveway entrances to the subjects property. (10) Submitted plans indicate the following building' etbacks: Direction ;Proposed . Proposed Gode-RequiredLandscape Structural .. Landscape Setbacks Setbacks Setbacks Notth (adjacent 47 feet: 10 feet 10 feet, fully landscaped i to Crescent Ave) East (adjacent to 78 feet'. 6 feet None Commerdal) South (adjacent None $ feet, 10 inches None to Commerdal) West (adjacent to 54 feet, 4 inches 10 to 22' feet 10 feet, fully landscaped Magnol(a"AveJ + Note: Setbacks are measured from the'ultimate right-of-way lihe along Crescent Avenue and Magnolia Avenue. Page 2 Staff Report to the Planning Commission May 19, 2003 Item No: 5 (11) Vehicular access to the properly is proposed via one new `entrance only" driveway on ' Magnolia Avenue and one new two-waydriveway on CrescentAvenue. The driveway on Crescent Avenue would provide: access via an existing 30-foot wide access easement from the contiguous! retail center (Parcel 2). Currently, there are five (5) driveways ervicing the property. These driveways would be completely demolished and replaced with the two new driveways as indicatetl above. The plans also indicate a total of 13 parking spaces on-site. Code requires a minimum of 11 paces for the project based on a ratio of 5.5 spaces per .1,000 square feet of gross floorarea for the restaurant (6 spaces) and 0.9'spaces per employee for the carwash operation (5 spaces with a maximum' of five employeesper shift). (12) The submitted floor plan (Exhibit No. 2) for the 2,874`square foot building indicates a retail sales and counter area, coffeebaq ofrice and carwash waitng area, and two restrooms that c are accessible from the interior`of the building. The plan also indicates a food preparation and 'counter area, walk-in coolers and freezers; storage areas, self-serve beverage area; interior and exterior eating and waiting: areas, automobile detail area, and carwash tunnel and :'equipment-area. (13) The elevation plan (Exhibit No. 3) indicates the carwash/restaurant is proposed to be a single- '. story building, with exterior building materials consisting of a scored stucco finish oh each of the building elevations (Aged Ivory, Terrain Tan, and Sombrero in color), and a ledgestone wainscottreatment along thebottom 2-3 feet of each elevation.: The westelevation'storefront hdudes clear glass anodized aluminum windows and entryway;doors as well as associated signage (One wall sign for the canwash and one sigri for Subway). The elevation drawings also reflect the inclusion of a `mission the" reatmentto the root' and tower elements with a roofline cornice treatment on each elevation and completely screened roof-mounted equipment. The north and eastelevations'indicate a ellis area that would house the detail area. One wall sign for the Subway Restaurant would be located on the north elevation of the .proposed building. The north and east elevations also reflect the location of vacuum equipmentand conceptual renderings of proposed lahdscaping. The south elevation of the new building would be adjacentto the existing commercial building to the south, and the ,exposed portion would be a scored stucco. finish (Sombrero color). (14) Sign plans: (Exhibit No. 4) indicate a monument sign and wall signage for the carwash and Subway Restaurant operaton. The proposed monument sign would be 8 feet high; 9 feet, 2 inches wide and would have a sign area of approximately 48 square feet,per face. The sign :base and sides would be constructed with edgestone to match the building and the: sign would be internally Illuminated. Code permits a 10-foot wide by S-foot,high, 65 square foot double- :faced monument sign. The petitioner has indicated instructional signage for the carwash operation and vacuum station would also be proposed for customers using these services, however this signage: is not specifically shown on these plans, `and is intended for on-site customers only and would generally not be visible from the public right-of-way. Directional and instructional signage would be located with the vacuum and detail area Page `3 Staff Report to the Planning Commission May 19, 2003 Item No. 5 (15) Code also permits wall signage not to exceed 10 percent: of each building elevation. Proposed wall'signage is(indicated in the table below: 2' R.FeCH"2tYV.e"~° r"'T+" 2i opc~se~~~`gexag ~ f A/-. a>' ~ 4 ~ o~#~'o ~ 3 ~^'.~' Y' l+k3iv E~c~n~ite~wtfji# ,~ ~ ~~~~ k b ~ ~ ~ ~ .~. ,.One (1) 19square foot ' North Elevation +~ Yes intemally illuminated °Sutiway" wall§i n None Proposed East Elevation N/A Cne (1)19; square foot. West Elevation Yes intemally illuminated "Subway" cabinefwalisin One (1) 21!square foot West Elevation Yes intemally illuminated channel otter "Carwash° wall si "n None Proposed South Elevation N/A (16) The'landscapej plan (ExhCbit No. 5) indicates a' 10-22 foot wide landscaped setback adjacent to the Magnolia Avenue with a 2-3-foot high berm and a 10-foot wide`landscaped setbackwith a 2-3-foot high berm adjacent to Crescent Avenue. A total'of three, t3-foot brown hunk height (BTH) Queen Palm trees`would be located within the setback area along Crescent Avenue and two,'t3-foot brown trunk height (BTH) Queen Palm trees would be located along Magnolia Avenue. The plan also indicates a 5-foot wide;planter and a 10-foot wide planter withinthe proposed parking lot area, A total of three, 8-foot BTH Queen Palm trees would be planted in both planters. Plans further indicate that landscaped planters would be located along the south (8 feet, 10 inches in width) antl east (6 feet in width) property Tines, and would be planted with seven, 8-foot BTH Queen Palm trees. An assortment of 1-gallon'and 5-gallon shrubs and plants wouldbe planted within all the landscaped areas'on the subject property. The landscape plans also indicate a 3-foot wide planter area adjacent to the building on the north elevation; as well as a 3-5-foot wide planter area along the perimeter of the outdoor eating/waiting area on the west side of the proposed building. A 6-8 foot decorative block wall planted with vines wouldbe constructed within'the planter areas along the east and south boundaries of the proposed project:i Plans also show the proposed trash enclosure would be screened with'shrubbery!as required by Code• Code requires a 10-foot wide landscaped setback along. Magnolia and Crescent Avenues planted with one tree for every twenty feet of street frontage;for a total' of 16 trees (9 along Crescent Avenue and: 7 along Magnolia Avenue). (17) The petitioner has submitted a letter of operation stating a carwash would be open from 8 a.m to 6 p.m., iiaily with`a maximum of 5 employees per shift and the restaurant would be open from 10'a.m. to 10,'p.m., daily with a maximum of 4 employees per shift: ENVIRONMENTAL IMPACT ANALYSIS: (18) Staff has reviewed the proposal antl the Initial Study (a copy of which is available for review in the Planningbepartment) 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 independentjudgmentof the lead agency; and that it has consideted the proposed Negative Declaration together with any: .Page 4 Staff Report to the Planning Commission 'May 19; 2003 Item No. 5' comments received during the public review processand further finding on the basis. of the Initial Study and any comments received that there is no substantial evidence thafthe 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 if; 'conforms with the City's Growth Management Element adoptetl by the City Council on March 7, 1992. Based on City staff review of the proposed project, it has been determined that this project does not fit within the scope necessary to require a Growth Management Element analysis, therefore, no analysis has been performed. EVALUATION: (20) The establishment of an automobile car wash facility with an accessory fast food restaurant 'and accessary retailaales is allowed within the CL zone subject to approval of a conditional use permit. (21) The proposed project, with the exception of landscaping within the street side setback area, complies with all provisions of the Code concerning development within the CL zone. Staffs efforts in working with the petitioner have been focused on ensuring proposed landscaping :'would sufficiently screen the carwash tunnel exit and drying area to minimize distraction to '::northbound traffic onMagnolia Avenue. A minimum'of 16 trees is required where only 5 are 'proposed.:: Staff has included a'condition of approval. requiring the addition of 11 evergreen trees (minimum 24-inch box in'size or 8-12 feet minimum BTH) as required by Code. Staff has also incuded a condition of approval .requiring the bermed areas within the landscaped setback areas be planted with shrubs to provide adequate screening from vehicular traffic on , Magnolia and Crescent Avenues. (22) Staffs efforts in working with the petitioner have also been focused on improving the site 'design to ensure the operation bf the facility would not conflict with vehicular or pedestrian traffic on local streets, especially Magnolia Avenue. Staff has concerns that the location and direction of the "entrance only" driveway on Magnolia Avenue would create on and off-site 'conflicts with vehicular traffic during peak use of the'carvvash facility. Specifically, potential conflicts may occur between vehicles entering the site from Magnolia Avenue and the vehicle ::`drying area located adjacent toms driveway. (23) .The petitioner has submitted sign plans that reflect a'monument sign, waq signs, and carwash `instructional signage; Because details of he carwash instructional signage was not provided, s "staff is recommending a condition of approval requiring the petitioner submit final sign plans to the Zoning Division for review and approval for an overall coordinated sign program and to 'ensure that instructional signage is directed for on-site customers only. (24) The applicant submitted an acoustical analysis of the potential noise impact resulting from the '; operationof the catwash tunnel on adjacent properties. The residential' properties directly to the east of the property were ofparticular concern. Chapter 8'70 of the Ahaheim Municipal `Code indicates that: `' No person shall, within the City, create any sound, radiated for extended periods from any .`premises which produces a sound pressure level atany point on the property line in excess of .'sixty decibels (Re 0.0002 Micro6ar) read on the A-scale of a sound level meter." 'The applicant has indicated that in addition to noise reduction technologyincorporated into the' design of the carwash tunnel(a 6 to 8-foot high block wall would be constructed along the eastern boundary of the subject property, betweeh tte carwash tunnel and vehicular Page'5 Staff Report to the Planning Commission May 19, 2003 Item No. 5 accessway. Additionally, here is an existing 6=foot high block wall along the rear (west)-; property lines of these existing residential properties. Due to these wo factors, the resultant sound pressure levels at a south property line would be`46.1 dBA,;well below the maximum decibel level allowed by Chapter 6.70 of the Anaheim Municipal Code. Staff recommends that field :measurements betaken prior to occupancy of the carwash to confirm compliance with 'Code. FINDINGS:' (25) Before the Planning Commission grants any conditional use permit, t 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 theZoning Code, or thafsaid use is not listed therein as tieing a permitted use; (b) 'That the proposeduse will not adversely affect the adjoining land uses'and the growth and developmenf of the area n which' if 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 noYdetrtmental to the particular area nor to the peace, health, safety, and general welfare; (d) That the affic generated by the proposed use will not impose an undue burden upon the streets and highways designed and'mproved to cant' the traffic in'the area;'and (e) ;That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental o the peace, health;; safety and general welfare of the citizens of the City of Anaheim. :' RECOMMENDATION:!. (26) Staff recommends that unless additional or contrary information is received during the meeting, and based upoh he 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 the following'actions: (a} By motion, a rove the CECtA Negative Declaration. (b) By resolution, aoorove Conditional Use Permit No.'2003-04685 (to construct an ? automobile car wash facility with an accessory fast food restaurant and accessory retail sales), tiased on the following: (i) That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code. (ii) That the proposed use, 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 proposed to be'located, as demonstrated by the acoustical analysis and the property's proximity to other similar commercial uses, and that the size and shape of the site for the proposed use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the',peace, health, safety, and general welfare: Page 6 THE FOLLOWI~ INTERDEPARTI COMMISSION 11 1. That am restaura 2. Thaf no building'. 3. That the restaura 4: Thaf air 5. That the doors `to Said info 6. Thatpo residenti 7. That and adjaceni building: t3. That no events: p 9. That all `~ shielded be speci 10. That so operatio Anafieirt 11. That 4=fi to the ~o propertia 12: That all The nun ensure't Division up. All business >' 13: Thaf tra; Works C with saic readily ii Sta +` Pla Ma Iter i 3ASAN`! ANNING'' .D. (cet and/or she ha' d that the I devices: ieht' ~e 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 submitted for building permits. Page:? Staff Report to the Planning Commission May 19, 2003 Item No. 5 14. That an on-site trash` truck tum-around area shall be provided per Engineering Standard Detail No. 610 and maintained o the satisfaction ofYhe PublioWorks Department, Streets and Sanitation Aivision. Said tum-around area shall be specifically hown on plans submitted for building permits. 15. That a plan sheet for solid waste storage,' collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division forreview and approval` 16. That a final landscape and irrigation plan for subject property shall be submitted to the Zoning: Division for review and approval All trees shall be minimum 24-inch box in size. Any decision made by the Zoning Division regarding said plan may be appealed to the Planning Commission as ai Reports and Recommendation item. All Vees shall be properly and professionally maintained to 'ensure mature, healthy growth and shall not be unreasonably trimmed. Said plan shall include the following: That an additional eleven (11) evergreen trees (minimum 24-inch box in size or 8-12 feet minimum BTH) be planted within the;required street side setback along Magnolia and Crescent Avenues. That the bermed areas within the landscaped setbacks be planted with shrubs to provide adequate screening from vehicular traffic on Magnolia and Crescent Avenues. That on Magnolia Avenue,;the existing palm tree in the tree well located in frontof the subject property shall be'removed and replaced with one (1 ), 24inch box size Stenocarpus sinuatus (Firewheel tree): planted per City standard. That on Crescent Avenue, the existing palm trees in the two western most tree wells located in front of the subject property shall be removed and replaced with two:{2) 24-lnch'box sizeCercis candensis (Eastern Redbud tree) planted per City standard. 17. That on-site landscaping including trees shall be maintained in a healthy condition. do the event the landscaping become' damaged, diseasedar dies, i£shall be replaced in a imely manner. 18. That the property shall be permanently maintained in an orderly fashion by providing regular landscape: maintenance, removal of trash or debrls,'and removal of graffiti within twenty-four'{24) :.hours from time ofoccunence.? 19. That a final comprehensive sign plan shall be submitted to the Zoning Division for review and approval 'Any decision by the'Zoning Division may be appealed to the Planning Commission as a Reports and Recommendation item. Said plan shall include the following: That cannrash instructional signage shall be oriented ensurevisibility to on-site customers only. That signage shall be limited to that shown on the exhibits submitted 6y the petitioner, and'as conditioned herein. That the background of the proposed monumenfsign shall tie opaque, allowing only the signage lettering and address numbering be illuminated. 20. That as required by the Public Works Department, Streets and`Sanitation(Division, ail necessary National Pollution Discharge and Elimination System (N.P.D'.E.SJ permits shall be obtained. 21. That a certificate of compliance for Parcel?1 and 2 shall be submitted to the Public Works Department, Development Services Division for review and approval. 22. That if it is'determined the project is located on two legal parcels, the legal property owner shall submit an application for a lot line adjustment or an unsubordinated covenant to hold the two (2) parcels forthe development as'a single parcel and in a form satisfactory o the City Attorney, hall be recorded with the Office of the Orange County Recorder. A copy of the recorded covenant shall then Page 8 ` Staff Report to the Planning Commission May 19;'2003 Item No. 5' be submitted to the Zoningbivision. Provisions shall be made in the covenant to guarantee that the entire complex sfiall be managed and' maintained as one (1) integral parcel foe purposes of parking, vehicular circulation, signage, maintenance, land: usage and architectural control, and thafthe covenant shall beI referenced in all deeds transferring all orany part cf the interest in the property. 23. That the legal owner of the subject property shallprovide the City of Anaheim with a six (6);foot wide public utilities easement along/across: high voltage lines, low voltage'lines crossing private property and around all patl-mounted transformers, switches, capacitors, etc. 'Said easement shall be submitted prior to connection of electrical service: 24. The street lights shall be installed on Magnolia and Crescent Avenues as required by the Electrical Engineering Division. The street lights shall be'nstailed prior to issuance of a certificate of occupancy. A bond shall be posted inan amount approved;by the City Engineer and in a form approved by the. City Attorney. 25. That any required relocation of City electrical facilities shalt: be at the developer's expense. Landscape and/or hardscape screening of all pad-mounted'equipment shall be required and shall be shown'on plans submitted for building permits. 26. That the locations for future'above-ground utility devices including, but not limited to, electrical transformers, water backflow devices gas, communications and cattle devices etc., shalt a shown ' on plans submitted for building perznits. Plans sfiall also identify the specific screening treatments of each device (i.e.llandscapescreening color of walls, materials, identfiers, access points, etc.) and shall be subject to the review and approval of the appropriate City departments. f 27. That ail backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all publidstreets. Any backflowassemblies currently installed in a vault shall tie brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback areas in a manner fully Greened from all public streets and alleys: Said information shall tie shown on plans and approved by Water Engineering and Cross Connection Control Inspector before submittal for building'permits. 28. That since this project has landscaping area exceeding 2,500 square feet, a separate irzigation meter: shall be installed and shall comply with City Ordinance No 5349 and Chapter :10:19 of the Anaheim Municipal Code. Said information shall be shown on plans submitted for building permits. 29. That all. requests for new water services or fire lines, as well as any modifications, relocations, or abandonment of existing water services and fire lines, shalt be coordinated through W ater Engineering Division of the Anaheim'Public Utilities Department. 30. That all existing water services and fire lines shall conform to current Water Services Standards and Specifications. Any waterservice and/or fire line that does not meefcurzent standards shall be upgraded if necessary or abandoned jf the existing service is no longer needed. The owner/developershall be responsible for the costs to upgrade or abandon any water service or fire line. 31. That plans shall tie submitted 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 location. Subject property shall thereupon be developed and maintained in conformance with said plans.:: 32. That the carwasfi shall comply with alt state lawsand Iocai ordinances for wateFconservation measures. Voluntary water conservation strategies shallbe encouraged. Page 9 Staff Report to the Planning Commission May 19, 2003 Item No. 5 33. That the driveways on Magnolia: Avenue and Crescent Street shall be constructed wtth ten (10}foot radius curb'retums as required by the City,Engineer in conformance with`Engineering Standard No. ,137. Saidinformation shall be specifically shown on'plans submitted for tiuilding permits. 34. That plans shall be submitted to:the Clty 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. 35, Thak the owner/developer shall complete the Burglary/Robbery Alarm permit application, Form'APD <516. 36. That the legal property owner sfiall submiEa letter requesting termination of Conditional Use Permit No. 1254'.(to permit oh-sale beer and winein an existing delicatessen-restaurant) to he Zoning Division. 37. That prior to the operation of this new business, a valid business license shall be obtained from the City of Anaheim, Business License Division of the Planning Department, 38. That subject property hall be developed substantially in accordance with plans and'speclfic ~t~.ins submitted to the City of Anaheim by the petitioner and which plans are on file with the Planrm~ Department marked:Exhibit Nos; 1-6, and`as conditioned herein. 39. That prior to issuance of a building permit, or within a[period of one (1) year from the date of this resolution, whicheveroccurs first, Condition Nos. 5, 7; 9, 11, 13 14, 15, 16, 19, 20.21, 22, 23,25, 26, 27, 28„31, 33, 34 and 36, above-mentioned, shall be complied with. Extensions for further time to complete said conditions maybe granted fn accordance with'Section 18.03.090 of the Anaheim Municipal Code. 40. That prior to final building and zoning inspections, Condition Nos. 10, 35, 37 and 38, above-mentioned, shall be complied with.:: 41. That approval of this application`censtitutes approval of the proposed request only to he 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 campiiahce or approval of the request regarding any other applicable ordinance, regulation or requirement. Page 10 ENGINEERING & CONSTRUCTION, INC. ATTAC-l~t1EtJT - I TEt1 N0. 5 733 N. Main Sfreel Orange, CA 92868 -It714] 769-2DD0 [714] 769-2002 fax L1dt 723797 www.wsecinc:com 02,03.2003 CITY OF ANAHEIM PLANNING DEPARTMENT 200 S. ANAHEIM BLVD. ANAHEIM, CA 90805 LETTER OF OPERATION RE: 590 N. MAGNOLIA AVENUEI CRESCENT AVENUE ANAHEIM CALIFORNIA 92801 The proposed use of the lot is a combined use as a carwash and a takeout fast food restaurant (Subway). The fast food restaurant consists of a customer area for ordering food and a seating area (9 seats), food preparation area (for food preparation), counter area (for taking in orders), storage area (mainly food), cooler and freezer area (for storage of refrigerated .and frozen foods). The full service carwash consists of the carwash tunnel and the accessory building area. The cars enter the lot either from Magnolia Avenue or from Crescent Avenue. The potential customers leave their cars in the vacuum area, where the cars are being vacuumed and cleaned inside. The customers then move on to the waiting area with seats inside and outside on the patio. The canvash tunnel consists of the tunnel with the technical equipment for the carwash, where the cars are being washed and dried and an auxiliary storage area, where the supply for the canvash is stored. The provided parking consists of 14 regular parkir;~ stall and one handicapped parking stall, the required amount of parking stalls is 6 regular/ 1 handicapped. One new trash enclosure is being provided at the Crescent;4ve. driveway, according to City of Anaheim City Standards. The operation hours of the Carwash are from 8:00 AM to 6:00 PM Mon/Sun, the number of employees is 5 per shift, in two shifts. The operation hours of the Subway are from 10:00 AM to 10:00 PM Mon/Sun, the number of employees is 4 per shift, in 3 shifts. GEORGE HOEING WESTERN STATES ENGINEERING & CONSTRUCTION, INC. CUP Nfl- ~nnn ~ n it ~ Q ~ ALARM- I I I VA6.S2ea AFT 1CTS ML 54-55-02 VAR 40fi6 iND, FIRMS ML ~ 54-55-42 ~ CL VAR 2515 Q RCL 76-77-60 NEW YORK RCL 64.65.15 CARPETS W 56-57-76 J CUP 3529 ~ CUP 2145 O CUP 610 m PACIFIC PLAZA ML LU 54-55-02 ~ VACANT LU INDUSTRIAL BUILDING J J O U W Q ~ RCL 5657-76(4) ~ CUP 1380 ALBERTO'S ME%ICAN REST. .. RCL 5657-76 (~ - N .- ;(CUP 2003.0468 vvnn ML 54-55-02 TILE SUPPLY ~n N 0 ML ML CUP 2002-04615 CUP 2310 CL RCL64.65-15 CUP 2007 CUP 610 EL TORITO RESTAURANT CL RCL 76-77.60 RCL 64-65-15 56-57-76 CUP 2062 CUP 610 BENIHANA RESTAURANT RM-1200 RCL 69-70-29 RCL 67-68-61 VAR 2143 GLENAIRE APARTMENTS 220 DU CL RCL 76-77-60 RCL 64-65-15 56-57-76 CUP 610 SAND DOLLAR FINANCIAL PLAZA ML RCL 56-57-76 (4) IND. FIRMS ML RCL 56.57-76 (4) V-749 IND. - FIRMS ---- WINSTON ROAD ML RCL 56-57-7fi (4) IND. FIRMS } Y o_ w C7 W J U IU ML Q RCL F 5657-76{4) U) V-749 IND. FIRMS ML RCL 56-57-76 (1) V-749 SPARKLETTS WATER ML u RCL 56-57-76 (5) CUP 3477 ML VAR 4309 NELSON &NELSON TILE 8 CARPETING GRADING CEMER Conditional Use Permit No. 2003-04683 Subject Property lake: May 5, 2003 Scale: 1" = 200' Requested By: CHINH K. NGO Q.S. No. 116 REQUEST TO PERMIT AND RETAIN AN EXISTING OUTDOOR BUILDING AND MATERIALS STORAGE YARD IN CONJUNCTION WITH A TILE WAREHOUSE WITH ACCESSORY RETAIL SALES WITH WAIVER OF MINIMUM NUMBER OF PARKING SPACES. 1300 South State College Boulevard 654 Staff Report to the ` Planning`Commissidn May 19;2003 '- Item No`. 6 6a.' CEQA NEGATIVE DECLARATION (Motion) 6b. WAIVER OF CODE REQUIREMENT (Motion) 6c. ; CONDITIONALiUSEPERMIT N0, 2003-04683 (Resolution): SITE LOCATION AND bESGRIPTIONt (1) This rectangularly-shaped, 0.65-acre properly has a frontage of 126 feet on the east side of State College Boulevard, has a'maximum`depth of 226 feet and is located 425 feet: north of he centerline of Winston Road (1300 South State College Boulevard). REQUEST: (2) The petitioner requests approval of a conditional use permit under authority of Code >' Section No. 18.61'.050.501 to permit and retain an existing outdoor building and materials 'storage yard in conjunction with a file warehouse with accessory retail sales with waiver of the following: SECTION NOS. 18:06.050 Minimum numberbf parking spaces. AND 18.61.066.050s (26 spaces required; 20 spaces existing and recommended by the City Traffic and Transportation Manager.) BACKGROUND:': (3) :This item'was continued from the May S, 2003, Planning Commission meeting in :`order to allow the petitloneradditional'time to revise plans to indicate a trash :enclosure location and to review the recommended conditions of approval (4) The property is developed with an industrial buiiding,and is zoned ML (Limited Industrial). ':The Anaheim General Plan Land Use Element Map designates this property for Gemerai :.Industrial land uses. `The property is located within the "Tile Mile" portion`of the ML Zone `that permits accessory retail sales of tile, floor coverings, wall coverings and window 'coverings'. (5) Suroundimg land uses are as follows: iDirection' Land:"Use Zoning General Plan Desi nation North.: .Restaurant ML Generaf Industrial East- IndustriaGBusinesses ML Generallndustrial South Tile and Fldor Covering Business ML Geherai IndusVial West (across state College Boulevard)' Tile and Floor Covering Business ML Geheral Industrial (6) `There are no prior zoning actions pertaining to this property. sr8589vn.doc Page 1 Staff Report to the Planning Commission May 19,:2003 '.Item No. 6 DEVELOPMENT PROPOSAL:.' (7) The: petitioner requests approval to retain an existing 1,520 square foot outdoor building materials storage yard located on the southwesterly portion of the property facing State College Boulevard. The storage yard is intended for excess materials including tile, granite and'. other flooring materials. (8) Thee site plan (Exhibit No. 1) indicates the outdoor building materials storage' yard is setback a distance of approximately 97 feeffrom StateCollege Boulevard. The site plan further indicates a trash bin located atthe south propertyaine behind the loading dock area. No trash enclosure is proposed to be constructed. sThe floor plan (Exhibit No. 1) indicates 6,840 square feet ofshowroom/retail area; 300 square feet of office area, 220 square feet ofrestroom`area and 5',760 square feet of warehouse'area. No changes: to the floor plan are proposed in connection with this request. (9) Vehicle access is provided by one driveway oh State College Boulevard. The site plane: indicates a total of 20 parking spaces available for the premises.'Code requires a minimum of 26 spaces based onthe following: IUSE §'AREA' S uare Feet CODE-REQUIRED PARKING RATIO ' NO.OF SPACES REQUIRED IhdustriaPArea 5,760 s.f 1(55 s" aces/1,000 s.f. 8.9 ; Office Area 300 s.f. ,1.55 spaces/1,000 s.f. > 0.5 'Showroom ` 6,840 s:f. 7:25 s aces/1,OOp s.f. ' i 15.4 Outdoor'Stora a 1,520 s:f 1 s ace/7;500 s.f. '° 0.6 :TOTAL 126s aces're wired (10) Photographs of the exterior building elevations indicate that the existing single story industrial building consists of concrete tilt-up;panels with decorative windows, glass entry doors,'and columns adjacent to the entry. The building is painted white with gray accent color. A red accent band is painted at a height of three feet along the perimeter' of the building. (11) No sdditional signs are requested in connection with this application. Currently, there are three wall signs (north, south and west elevations) and one 25-foot high pole'sign (permit issued in 1997) adjacent to State College Boulevard on' he property. The sign on the west elevation advertising the "Pacificiand Marble & Tile" exceeds the allowable area permitted by Code. Code. permits wall signs not to exceed 10% of the building face area'on which the sign is located and:. one freestanding monument sign per street frontage with a maximum area of 63 square feet per faceimaximum'height of't3 feet and'a maximum width of 10 feet, for this properly. Page 2 .Staff Report to the Planning' Commission `::May 19 2003 Item No. li ~ r .r „ ~r ~''`.rr~ . ~ ,, 4 Era s""'~ ~" '~ fir' r 71 E E~ v r ~ ,,,`~,`~ E` ~+~~ `r ~E`,~' avFs' ~'r~~~" ,.fir ys.r,.:.6r sE '~t-t s ,~E~~ ~~ E~fu kz ~~~"./r"' s ' -.-.Mr„ ym~w`i='~ ''~ a'a`~~ .i „r-~. s> ? ? 4 ,"~'' ~~5`..z'~g'~'Y".~.~r~~~r`4"?-~rys`r`~~'o-~ r~, a~s r•~t'v~,.,-~,"~~y"~"~'-t~-,-^~~s-crra ~% a, .,rt tsfm~,--x-rr .sr.. .r7 r ~ e- ~ v..=.. .- Sr~~~ ~~ „ ~v~'% a ~i~- ri a ~ s~ r ? 4 v ,' ~'~~-mom. yf . ~~s?~r?l 3'~~l.c/s~ vim'"j r / l1 ~ 7 ~ 5~ ~ 7 ~*'"~ ~~ rvw'~r ~-`~v '~ , NOtE BXCBSSNE SIgf12CJE ~ )ra...-~~-%~v~ ~ r '"I ~„~* ~ wzw,~tzf ,.s.~.s::''.fr rv.r '"or-"tizni` "vr< '~~~.z '~.yx ~~`~,~ ~~ ,.., x 4'v ~x~~ ~~~, ,r r .~ > ~,~ ..~. ~' ~r ,.~ ~.,~ - West building elevation adjacent to State College Boulevard. (12) The site plan indicates a 10-foot wide landscaped setback with no trees and a 53 foot wide building setback adjacentto5tate College Boulevard (an arterial highway): Code requires a 'minimum 50 foot wide buildingsetbackwith a 10 foot wide landscaped setback adjacent to 'arterial highways with one treeper 20 feet of street frontage for a total of 6 trees (126 feet x 1 'tree/20 feet = 6 trees). (13) The site plan also indicates the outdoor storage yard',is enclosed by a 7-foot high block wall topped with 3 feet of chain link'fence and razor wire and a sliding gate for the loading dock 'entry. Code does not permit razor or bartied wire visible from any public right-of--way. Code requires clinging vines and/or all shrubbery to be planted adjacent to theblock wall facing State College Boulevard. Plans do not indicate provisions for andscape in this area: (14) The letter of operation indicates that this business operates Monday through Saturday, from 8 a.m. to 5p:m., and'Sunday from 10 a.m: to 3 p.m with 5 employees. ENVIRONMENTAL IMPACT ANALYSIS: (15) Staff has reviewed the proposal and the Initial Study;(a copy of which is available for review in the Planning Department) and finds no significanYenvironmehtal impact and, therefore, `recommends that a Negative Declaration be approved upon a finding by the Planning Commission that the Negafive Declaration reflects3fie independent judgment of the lead :.agency; and that it has considered the proposed Negative Declaration together with; any 'commentsYeceived during the public review process and further finding on the basis of the Initial Study and anycommehts received that thereis no substantial evidence that the project will have a significant effect on the environment. Page 3 Staff Report to the Planning Commission May 19, 2003' Item No. 6 GROWTH MANAGEMENT ELEMENT ANALYSIS: (16) The proposed project has been reviewed by affected City departments to determine whether it conforms withahe Citys Growth Management Element adopted by,the City ; Council on March 17, 1992. Based'on City staff review of the proposed project, it has been determined that this project does not fit within he scope necessary',to require a Growth: Managemenf Element analysis, therefore, no analysis has been performed EVALUATION: (17) Outdoor building material storage yards are permittetl within the ML Zone sutiject to the approval of a conditional: use permit. (18) The requested waiver pertains to minimum required parking spaces. Code requires a minimum of 26 parking spaces and 20 spaces exist. The petitioner has submitted a parking letter dated December 23, 2002, to substantiate the requested parking waiver'The City Traffic and Transportation Manager has reviewed said study and recommends approval of the existing parking lot.': (19) The parking letter also includes the following findings to substantiate the requested parking waiver: "(a) The variance will not cause fewer off street parkingspaces to be provided than the `' numberof such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions: of such use, and (b) The variance will not increase'the demand and competition for parking spaces upon the public streets in a immediate vicinity of the proposed use, and (c) ;The variance will not increase the demand and competition for parking spaces upon the private property in the immediate vicinity of the`proposed use, and (d) The variance will not increase the traffic congestion within theioff-streeYparking areas or lots provided forsuch use,'and (e) The variance will not impede vehicular ingress to or egress from adjacent properties upon the public sfreets in the immediate'vicinity of the proposed use," (20) The wall signage on the west building elevation exceeds the maximum Code-allowed sign area of 10 percent of the building elevation. Staff has calculated that the west elevation may have a total sign area of 112 quare feef (75 feet length x 15 height = 1;125 x 10% _ 1:12 square feet). A cohditlon of approval has been added to require reduction of the wall signage on tfie west building elevation facing State College Boulevard. Page 4 'Staff Report to the Planning Commission May 19; 2003 tem No. 6` ~. ,~ I 'Storage i~ outside 'enclosed Storage above fence ~' ~ area. line. Storage ~n ~,, ', ~ - loading dock area ~ ~ ~~ ~~~~kx ~ t. ~. ,t ~,: ,~ ,, ~~ ~ ~. tilt ~ ~~ ~ ~ t t~ ~~ Wes: ~`%~ 4, ., .; `~ - ~ '~ s < ti .~ a f '~ a I ~ r ` ;i ~r iii, ZY1~ ~~°~~!>`'~ii~ P ~.., `~ -fix ~ ~~ ~ ~t W ~~~il ~~ t ,~~''~}~'~,., f rcs ~~ ? ~ ai ss~, ~ ~'.:. r . .T t ~~ ¢~`~ _~^° ' a h r~ w ~:;--s'~Y~'~~~"~u zit ~ y~ ~ I ,~ ~-T',r ~ ~ ~` ff~ r '~'~.` ~ aa' ~u,~ ~ s. c ~ ~ , .~ ~ r.. aG l ~,,- ~ vy2" ~"~.3"c~ o- r ~ Northeasterlyview ofoutdoor storage area (21) .Upon site inspection,'. staff observed materials being stored outside the storage area and :'above the fence line,!: This maybe an indication that'this business has outgrown the'site. if this conditional use'permit is'approved,'staff would'monitor the business to ensure 'compliance with conditions of approval (22) The 7-fooYhigh block wall with 3-feet of chain-link fence topped;with unpertnitted razor wire 'does not adequately. screen the outdoor storage area. Staff recommends that a 'decorative; minimum' 10-foot high block wall be constructed and coveredwith vines and shrubbery,to enclose' he outdoor storage yard. Further, staff recommends that the site be ,improved with the planting of six (6) trees:n the landscape settiack along State College Boulevard as required by Code. (23) The petitioner has submitted eevised plans indicating the location of the trasfi receptacle. No enclosure is proposed to be constructed.: because the 4rash bin is located in an enclosed yard'area with'no visibility to the public rlghf of-way or adjacenf properties: The petitioner indicated that they currently bring the trash bin to the front of the property on the scheduled days of trash: pick-up and propose to continue`this practice. Public works, Streets and Sanitation Division reviewed and approved this proposal in lieu of the requirement to construct a newarash enclosure. (24) ,This property is located in the "Tile Mile° area of the City which runs along State College +13oulevard between Ball Roadand north'of Katella Avenue. Tile Mile is home to a arge :concentration of tileand related: material distributors'and is known throughout the U,S, and internationally as a center for file and other floor coverings. These businesses have invested in elaborate showrooms to display their products to the construction trades as well as the general public; The Code specifically allows businesses' in the Tile Mile area to retail Page 5 Staff Report,to the Planning Commission May 19, 2003 Item No. 6 their products: Although: staff has experienced some problems with unpermifted outdoor storage, the Code Enforcement Division has worked cooperatively with area businesses to gain compliance. The proposed location of this outdoorstorage area properly conditioned, should adequately screen the building materials stored: in this location. Therefore, staff recommends'aooroval of this request. FINDINGSi (25) Section 14.06.080 of thejparking ordinance sets forth the following findings which are requires to be'made before a parking waiver is approved by the Commission: (a) < That the waiver, under the conditions imposed, if any, will not cause fewer off-street parking spaces to'be provided for such'use than the number of such spaces necessary to accommodate all vehicles attributable to such'use under he normal and reasonably foreseeable conditions of operation ofsuch use;!and (b) That the waiver, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the putilic streets in the immediate vicinity of the proposed use; and (c) ` That the waiver, under the conditions imposed, if any, will not increase he demand and competition for parking spaces upon adjacent private property in the immediate ? vicinityof the proposed use; and (d) That the waiver, under the conditions imposed, if any, will not increase3raffic congestion within the off-street parking areas or lots provided for suchiuse; and (e) ; That the waiver, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the 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 assumptiohs relating o the operation and intensityof the use'as contained in the parking demand study,that formed'the basis for approval of said waiver. Exceeding, violating, intensifying orotherwise'deviatingfiom any ofsaid assumptions as'contained' in the.: parking demand study shall be deemed a violation of the express conditions imposed upon said waiver which shall subject said waiver to termination ormodiBcation pursuant to the;prouisions of Sections 18:03.091 and 18:03.092 of this Code. (26) Before the Commission grants any;conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: (a) , That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code, or that said use is not listed therein as being a permitted use; (b) That the proposed use will not adversely affect the adjoining land uses and the growtfi'and development of the area in which it;is proposed to be located; Page 6 Staff Report to the Planning. Commission May 19, 2003 Item No: 6 (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 he particular area npr o the peace, health3'safety, and general welfare; (d) That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved o carry the traffic in the area; and {e) That the granting of the'conditional use permlt under the conditions imposed; if any, will not be detrimental to the peace, health, safety and general welfare of the citizens of thelCity of Anaheim. RECOMMENDATION: (27) Staff recommends that unless additional or contrary_information is received during the meeting, and based upon the evidence submitted tdthe Commission, including the evidence presented ih this staff report, and oral and written evidence presented at the ;public hearing that the Cammission take he following actions: `(a) By motion, aoorove a CEQA Negative Declaration. (b) By;motion, aoorove the waiver pertaining to minimum number of required parking spaces based upon the conclusions contained in the submitted parking letter as approved by he City Traffic and Transportation Manager and indicated as described in paragraphs nos. (17)`and (18) of this report; and thaEthe waiver would not cause fewer off-street parking'spaces to be provided for this use than tfie number of spaces necessary to accommodate all vehicles. Further, this use would note: increase traffic congestion within the off-street parking'areas or lots provided for such use or impede vehicular Ingress to or egress from'adjacent properties upon the public streets in the immedlate:vicinityattnbutable to the flooring and outdoor storage under normal and reasonably foreseeable conditions of operation of'such use. (c) By resolution, aoorove Conditional Use Permit No. 2003-04683 (to permit and retain an'existing outdoor building and materials storage yard+n conjunction with a the warehouse with accessory retail sales) based on the following: (i) That is use is propedy one for which a conditional use permit is authorized by the Zoning Cade in the ML Zone. (ii)' That as conditioned herein, the outdoor storage yard would not adversely affect the adjoining land uses and the growth and development of the area as the outdoor storage would be adequately screened from public view. (iii) That the size and shape of the site for the proposed use is adequate to allow. the development of the property in a manner not detrimental to the particular area nor to the'peace, health, safety, and general welfare.: J Page 7 Staff Report o the Planning Commission May 19, 2003 Item No. 6 (iv) That the granting of the conditional use permit, as conditioned herein, would i not be detrimental to the peace, health, safety andigeneral welfare of the citizens of the City: of Anaheim. THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS> ACTING'AS AN'INTERDEPARTMENTAL COMMITTEE ANDrARE RECOMMENDED FOR ADOPTIONBY THE PLANNING COMMISSION IN THE EVENT?HAT THIS PERMIT IS`APPROVED. 1, That the wall signage on the west building elevation adjacent to State College Boulevard shall tie reduced to meet the maximum permittedsign area often percent. That if any additional signage is proposed on subject property, said signage shall be subject to review andi approval by the Zoning Division. Any decision by the Zoning Division maybe appealed o the Planning Commission for review and approval as a "Reports and Recommendations" item. 2. That the applicable traffic signal assessment fee for the outdoor storage yard shall be paid to the City of Anaheim in an' amount established by City Council Resolution. 3. That the developer shag pay a traffic and transportation improvement fee for the outdoor storage yard to the City of Anaheim, in an amount establishetl by City Council Ordnance/Resolution. Tnis :fee will be used to fund traffic and transportation improvements within the area impacted by this. project. Said fee shall be subject to adjustment by the City Courtcil. 4. That plans shall be submitted to he City Traffic and Transportation Manager for his review and approval showing conformance with the current version of Engineering Standard Plan Nos. 436, 601 and 602 pertaining to parking standards. Subject property shall thereupon be developed and maintainedin conformance with aid plans. 5. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. 6. That a landscape and:fencing plan shall be submittedao the Zoning Division for review and approval Said plan shall indicate a minimum of six;(6) minimum 24-inch tiox sized trees in the landscape etback area adjacent to State College Boulevard and a new 10 foot high'decorative block wall covered with clinging vines planted on maximum 3-foot centers and tall shrubbery. ;Said plan shall also Include refurbishment of existing planter areas. Any decision by the Zoning Division regarding said plan may. be appealed to the Planning Commission for review and approval as a "Reports and Recommendations" item. Said plan shall be implemented within g0 days of'plan approval. 7. That the applicant shall submit a water quality management plan (W OMP)specifically identifying best management practices that will be used on-site to control predictable pollutants from storm water runoff. The WQMP shall be submitted to the Public Works Department, Development Services Division for review and approval. " 8. That the outdoor storage area sfiall be limited to building materials consisting of tile, stone and marble products which shall be stored in the designated area as shown on'ExhibitTJo. 1. No storage shall occur above the fence. No other materials or equipment shall be stored outside the 'approved outdoor storage area Page 8 :'.Staff Report to the Planning Commission May 19 2003 :.:Item Nob 9. ' That any tree planted on-site: shall be replaced in' a timely manner in the event that it is removed, damaged, diseased and/oFdies. 10. That nobarbed orYazor wirebisible from the putilic right-of-way shall be permitted. Ail existing razor/barbed wire'shall be removed within sixty, (60) days from the date of this approval. 11. That the rolling gates shall be maintained in good'condition and kept closed to screen all outdoor storage from State College Boulevard. 12:' That PVC (polyvinyl chloride) slats shall be interwoven into the chain link gates and scrim (dark color} shall be attached to the interior ide of the'chain link gates; and that the gates, PVC slats and scrim material sfiall be maintained in good condition at alitimes. 13: That truck loading/unloading in the storage yard shall only occur behind the screen wall/rolling gate. 14: That subject property shall tie developed substantially in accordance with plans and specifications submitted to the'City of Anaheim by the petitionerand which' plans are on file with the Planning Department marked Exhibit No. 1 and'as conditioned herein. 15 That within sixty (li0) days from the date of this approval, Condition Nos. 1, 2, 3, 4, 6, 7, 12,'and 14 above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03:090 of the Anaheim' Municipal Code. 16. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable Clty, State and Federal. regulations. Approval does not include any action br findings as to compliance or approval of the'request regarding any other applicable ordinance, regulation or;requirement. Page 9 r LO UU RM-1200 RCL 63-64-62(2) CUP 6B0 RM-1200 W 26 DU ~ 55-66-31(DR) ~ ^ 16 DU Q $ m~ mop "y - 0 I- RM-1200 RC RS-A-03,000 `b ° 2 L 73-74-08 ) W RCL63-64-62 E v i>. - W ~ ~ RCL 73-74-04 (Res. of Intent W RM-1200 ) ~ n BRUCE ST cL W (Res. of Inlenl to CO) N CUP 756 ~ CUP 2458 0] HOTEL 55-56-31 ~ 90 DU W T-CUP 2001-04464 f- , 3 CL CUP 2001-04350 r/J 55-56-31 CUP 4066 RSAi3;000 ~ CUP 3803 CUP 3603 VAR 1887 f- 1200 RCLB&]0.59 (Ras of InL RM-1200 W CUP 1770 ~' ~ ANAHEIM CITY LIMITS 1.69-7 m Rnf 12so RCL 647051 n N REST. W ~~- 2059 - 1 RcL s3-sas2 RCL 63-64-62 (Res. of Inlenl ~ ~ a O Z Z CL OL m 1 MENT DU IRax of imam mRM-1200 APARTMErl~6 Io RM-1200) 26 DU V,~ ~= in u1 Q ~ 6556-31 CUP 3491 CUP 2780 555531 CUP 2285 _1 ~ I c1~ 1 CUP 2163 CONVENIENC STORE REST. I BALL ROAD ~1 F® aa1 - ~ I ' --- f ~m.I ®-z1e y I II IT I ,., .,.. . ., ,,. -,. ..,. , . I A 1 RCL 6364-67 _w`I ~'S 1 1 ~I E ,+ 1 RS-A-03,000 ~ I MAGNOLIA HIGH SCHOOL U I f W 21 ¢I 1 Conditional Use Permit No. 2003-04694 Subject Property Date: May 19, 2003 Scale: 1" = 200' Requested By: B.V. ENTERPRISES Q.S. No. 29 REQUEST TO EXPAND AN EXISTING NONCONFORMING CONVENIENCE MARKET. 2424 West Ball Road -King Market 0 s7s Staff Report to the Planning Commission May 19;:2003 Item No; 7 7a. CEQACATEGORICACEXEMPTION-CLASSI' (Motion) 7b. `''CONDITIONAL USE PERMIT NO:'2003-04694 (f2esplution) SITE LOCATION AND DESCRIPTION: (1) :This rectangularly-shaped, 2.5-acre property has a frontage of 441 feet on the south side of ` Ball Road, a maximum depth bf 224 feet, and is located 218'feet west of the centerline of G(Ibert Street (2424 West Ball Road -Anaheim King Market): .REQUEST: (2) The petitioner requests approval of a Conditional Use Permitunder authority of Code SectionNoS. 18.03,030 and'18.44.050;195 to permit and retain the expansion of an existing.`. non-conforming convenience market. BACKGROUND; (3) This property is currently developed with a commercial retail center and`is zoned CL (Commercial, Limited). The Anaheim`General Plah Land Use Element Map designates the site for General Commerciat and uses:'. (4) Surrounding land uses are as follows: 'Direction!. Land Use Zoning General Plan Designation ?1 North, across Ball Fast Food Restaurants, ' CL General Commercial Road Market South and West Magnolia High Schools RS-A-43,000: High School Site and Low- Densi :Residential East, across , Gilbert Street '' Single Family Residences N/A N/A' Coun of Oran e (5) ;The following zoning actions have occurred pertaining to this property: (a) Variance No. 2000-04412 (waiver of the minimum number of parking spaces 280 spaces required; 182 approved], to establish a seafood delicatessen and restaurant in conjunction with a commercial retail center) was approved by the Zoning AdministratoC on November 2, 2000. The petitioner requested to amend or delete a condition of approval pertaining to truck parking and the request was approved;by the Zoning Administrator'on December 13,`2001. (b) Conditional Use Permit No. 3712 (to permit on-premise sale and consumption of beer and wine in an existing pizza restaurant, Units P,Q) was`approved'by the Planning Commission on September 8, 1994. (c) Conditional Use Permit No. 2894 (to permit dn-premise sale and consumption of beer and wine in a proposed restauranfwith waiver of minimum number of parking spaces, Unit J) was approved by the Planning Commission on March 2, 1987. (d) Conditional Use PermitNo. 2414 (to permit a beer and wine tavern, Units S,,T) was approved by the City Council orI March 15,1983, following a recommendation for denial by the Planning Commission. Sr3024ey Page 1 Staff Report to the Planning Commission '.May 19;' 2003 Item No 7 ~~ ~ Code=Required , Total-Square , ~ Totat-Required 'Business Name. ~ ~ UmtNo: _ ~~ Parking Ratto. . ~„ ,~-, , ,Footage ,:. ~. _ , ~ ~ Spaces . ~, ~ h ,r, ,~ ~ . ~.,, er 1;QUU stf: Laundromat ' A, B 3,256 5.5 17,9 City Donuts C 1,184 5:5 6.5 - Southland Dry Cleaner D 1,332 5:5 7:3 Video Wonder E 1,480 5.5 8i1 +' California Clinic F 1,184 6 7.1 Alexandria Fish Market ; G, H 2,812 8 22.5 and Restaurant "EI Encanto Restaurant J 1;184 '`t3 9.5 The Ultimate Family Salon " K 1,332 55 7.3 California Smile Dentist L 1;628 6 '9.8 :Crystal Water and Juice M 1,628 55 t3:9 93 Cents and Up Discount N 1,776 5:5 9.8 ;Store La Piaeria P 1,480 8 11<8 Jewelry Store Q 1,332 5,5 7:3 Smoke Shop R 1,184 55 6.5 Zankou Chicken S, T 2,812 8 22.5 Alsham Bakery U 1,184 8 8:5 Sarkis Pastry V 1,480 55 t31 Anaheim King AAarket W, X, Y, Z 5,772 55 31.7 Jiffy Lube 2400 W. Ball 1;939 3;5 6.8 Total Parking Spaces Required - 218.9 Note: A parking waiver was; granted for the center in conjunction with Variance No. 2000-04412. (10) The current parking requirements are consistent with Variance`No. 4412as described in "paragraph'. no. 5(a). The Jiffy Lube located on the adjacent property to the east was f included in the parking requirements since the parking areas maybe accessed from either property.; Additionally, Variance No. 4412'included both properties in the evaluation of required parking. No change in uses that would increase tfie Code required parking have occurredlsince this variance. `! (11) ,The submitted photographs indicate that the commercial center consists'of aone-story commercial building with typical storefront windows and doors'at the entry of the individual `suites. No exterior changes or modifications are proposed. (12) The landscape plan (Exhibit No. 3) indicates that additional landscaping would be provided ?`along aportion of the east side of the existing truck;enclosure;in front of Anaheim King i' Market, Four (4} new trees would be planted in the front setback along Ball Road, in 'addition to the trees that were: planted at the time the truck enclosure was installed.. New rees are also proposed for the interior of the parking area to be located between two rows Page 3 ' Staff Report to the Planning Commission May 19,:2003 Item No.'7 Council on March 17 1992. Based on City staff review of the proposed project, it has been determined thak this project does not ftEwithin the scope necessary to require a Growth =Management Element analysis, therefore, no analysis has been performed. EVALUATION: (17) rThe petitioner is requesting a conditionafuse permitto permit the expansion of an existing nonconforming convenience market. The original market, within Suites W and X existed prior to the Code provision requiring a conditional use permit (18) A mini market, or convenience'market, is defined in the Zoning Code as follows: "Mini-market " A market, grocery store or other retail business establishment having an interior building floor area ofJess than`15;000 square feet and which sells a variety; of food ::items and other sundry goods'not generally prepared, manufactured or assembled on the premises. (Ord. 5156 § 4; August 14, 1990.) (19) ,The Code Enforcement Division has submitted the attached memorandum describing the .,types of violations that have pertained to this business, including refuse and waste'matter on the property, outdoor storage of materials and the unpermitted expansion. in response P to a new request for utility service, the officer conducted an inspection cf a market and refound that it was occupying Suites W, X, Y and Z. A review ofBusiness'License Division records indicated that the original business only occupied Suites W and X. In November of 2002, the officer mailed a Notice of Violation letter to the property owner and business ((f owner allowing fifteen days to remove the unpermitted expansion or apply for a Conditional ' Use Permit. Following an office conference with the applicant,:: Code Enforcement,: Planning and the Deputy City Attorney, the applicant filed for a conditional use permit. (20) .:.The Commission may wish to note that the applicant has concerns regarding their need to ibbtain a conditional use permit and has worked with staff in ortler tc clatify this issue. Staff `'has conducted extensive background research, including a review of Building Division, Business License Division and Utilities Departmenfrecords in order to verify that the .business had expanded since the Code provision (adopted on February 23, 1988) requiring !, ,a conditional use permit for a convenience market. The following is a history of City records pertaining"to the subject convenience market: • July 27, 1979 -The construction of the commercial retail center was approved in conjunction with Variance No. 3088. • October 10, 1986 -An interior remodel was approved for suites W, X to permit."Malt's Produce Market". • February 6.:1996 - A business license was issued for Anaheim King Market to occupy Suites W and X4 • February 23. 1996 -The issuance of a building. permit allowed the expansion of the produce market to include Units W, X, Y-this was based on an approval that consisted of removing 29 )inear feetof wall between Suites X and Y`in which it was conveyed to the Zoning Division that a wall was being removed withirnan existinaproducemarket. At this time, the business was required to obtain approval of a conditional use permit for the'expansion'of a nonconforming convenience market, • March 16. 1996 -Electrical power for Unit Y was activated by Anaheim King Market. • JuN24. 2000 -A tenant improvement was approved for a deli in Unit Z (a business license was approved for awalk-in°meat market for the same suite on October;l, 2000): Page 5 Staff ReporEto the Planning Commission ` May 19, 2003 Item No. 7 r Suite Z currently consists of the storagesfreezer and office area for this market..Similar to the expansion in 1996, the business should have made'application for a conditional use permit for the expansion of a nonconforming convenience market. (21) Staff feels that the expansion of an existing market is compatible with surrounding land uses. Basedon the Code Enforcement history, there are issues'that must6a addressed. Staff feels that with themplementation of the recommended conditions of approval, the market should be able to operate in compliance with Code requirements pertaining to he reported problems with rash anooebris and'outdoor storage. Staff recommends aooroval of the request to permitand retain the expansion of a nonconforming convenience market. `FINDINGS: (22) Before the Planning Commission grants anyConditional Use Permit, it must'make a finding bf fact that the evidence presented shows that all of the following conditions exist: (a} That the proposed use is propedy one for which'a Conditional Use Permit is authorized by the Zoning Gode, 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 h which if is proposed to be located; (c)I That the size and shape of the site for the proposed use is'adequate o allow the full development ofthe 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 highways designed and improved to carry the traffic in the area; and (e) That the granting of the conditional use permit under the conditions imposed, ifany, would not be detrimental to the peace, health, safety and general welfare of the? citizens of the City of Anafieim. `RECOMMENDATION: (23) Staff recommends thatunless additional or contrary information is received during the': meeting, antl basetl upon the evidence submitted to the Planning'Commission, including the evidence?presehted in this staff report, and oral ahd written evidence presented of the puolic hearing that the Commissioh take the following actions: (a); By motion, determine that the project is Categorically Exempt under Section 15301, Class 1, (Existing Facilities) of tfie CEQA Guidelines. (b), 8y resolution, aborove Conditional Use Permit No. 2003-04694 (to permit and retain the ezpansforpof an existing nonconforming cohvenience market), based on the following: (i) That the proposed market is properly one for which a conditional use permit is authorized by the Zoning: Code in the CL Zone. (ii) That as conditioned herein, the proposed convenience market expansion would not adversely affect the'adjoining and usesand the growth and development of the: area in which it is proposed to tie located:' Page 6 [Staff Report to the Planning Commission May 19,'2003 Item No 7 (iii) That the size and shape of the site for the market is adequate to allow the full development of the proposed use in a manner not detrimental to the i particular area nor to the peace, health, safety, and general welfare'since no waivers from Code development standards were necessary for this business. (iv) That the traffic generated by the use as conditioned herein; would not impose an undue burden upon the: streets and highways designed. and improved to carry he traffic in the area: (v) That the granting of Conditional Use Permit No. 2003-04694, under the conditions imposed, would not be detrimental to he peace, health, safety and general welfarebf the citizens of the,Ciry of Anaheim. THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY. DEPARTMENTS ACTING AS iAN INTERDEPARTMENTAL COMMITTEE AND ARE RECOMMENDED'FORADOPTlON BY THE PLANNING'COMMISSION IN THE EVENT THAT THIS PERMIT IS`APPROVED. L ' That he hours of operation shall be limited to 8 a.m, to 8 p.m., daily as stipulated by the petitioner. 2. ' That this convenience market business shall be limited to;Suites W, X, Y and Z (the westerly 5,772 square feet of the building). Further expansion into additional'units shag require a modification to this conditional use permit. 3. That no exterior vending machines shall be permitted. 4. That no video, electronic or other amusement devices or games shall be permitted on the premises. 5.: That roof-mounted balloons or other inflated devices shall not be permitted. 6. That shopping carts shall be placed in the existing storage area adjacent to Unit Z when not in use. Shopping'cart stacking intended for dailycustomeruse shall be kept out of view of the public right-of-way. T. That no window,signage shall be permitted. 8. That the proposal shall comply with all signing requirements of the CL zone, including the removal of the payphone sign projecting from the building. 9. That there shall: be no public telephgnes maintained on the property hat are Ideated outside of the building and within the control of the applicant. 10i: That all interior fixtures, displays, merchandise and other materials adjacent to all window areas shall not exceed a heighfpf three(3)';feet. 11.' That the temporary and permanent storage of products and their containers shall be confined entirely to the interior of the building and that outdoor storage shalt not be permitted (Anafieim Municipal Code Section 18.44.025.020). 12: Thatthere shalt: be no commercial truck deliveries between the hours of 10 a.m. and 9 p:m., seven days a week; and that only one (1) commercial truck shall be permitted to park on the subject property, except for temporary loadingand unloading purposes for other commercial delivery vehicles. Page 7 Staff Report to the Planning Commission May 19, 2003 Item No. 7 13. ?That in compliance with Variance No. 2000-04412, the market shall be in continuous compliance with the following: (a) That the uck loading and unloading area and the!surzounding parking'; spaces at the wesfend of the:parking area shall be clearly designated'(striped), as-required by the City Traffic and Trahsportatton' Manager, (b) That the truck loading and unloading: area for this businessshall not be permitted within sixty-five (65) feet of BaII Road such that the truck parking `'shall not be permitted in the two (2) rows'of parking'spaces closest to Ball Road;'(c) That no `' trucks snail be parked or stored anywhere on the subject property for the purpose of advertising 'i this commercial retail center or tenants. i 14. That no required parking area shall be fenced or otherwise enclosed forstorage or other outdoor uses, with the exception of thepreviously-approved'fenced area for onecommercial truck as shown on Exhibit Nos. 3a, and 3b. of Variance No:'2000-04412. No trucks shall tie parked or stored on the property other than within this approved storagearea. 15. :That the outdoor enclosed area shall be for one (1) delivery truck parked during regular business hours for loading and unloading in connection with the Anaheim King Market; that aid area shall not be used for outdoor storage; and that advertising shall not be placed on the delivery truck. 16. That the business shall be permanently maintained in an orderly fashion. by providing regular landscape maintenance, removal of trash or debits, and removal of graffiti within twenty-four(24) hours from time of occurzence'(Anaheim Municipal'Code Sections 6.44:010.030, 6'.44.010:O1i0 i and 6.44:010.070:0707). 17. That a landscape and irrigation plan for the area between the business and Ball Road shall be submitted to the Zoning Division for review and approval. Said plan shall indicate (a) additional ..'trees to further screen the east side of the truck enclosure; (b) additional shrubs and ground cover in the existing`planterhetween theimiddle rows of parking spaces, and (cj four (4) additional trees in the sethack front area, as stipulated by the petitioner.' Landscaping shall be installed r within 30 days of plan approval and thereafter maintained in a live and healthy condition. 18. 'That any tree planted on-site shall be replaced in a timely manner in the event that: it is removed, 'damaged, diseased: and/or dead. 19. That 4-foot high address numbers shall be displayed on the roof in a contrasting color to the roof material The numbers shall not be visible from the view of the street or adjacent properties. Said information shall be pecificaily shown on plans submitted forPolice Department, Community Services Division approval. 20. :That for this business, a total of one (1) single and two (2) double trash enclosures(for a total of five (5) trash bins) hall be provided and maintained in a location acceptable to the Public Works Department and in accordance with approved plans on file with said Department.: Said storage r 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 graffit'opportunities ! by the use of plant materials such as minimum 1-gallon size clinging vines planted'on maximum 3-foot centers or tali shrubbery. Said information shall be specifically shown on the plans submitted for Public Works Department,',Streets and Sanitation Division'approvai. 21. That a plan sheet for solid waste storage'and collection and a plan for recycling shall be submitted to the Public Works Department for review and approval. 22. That all trash generated from this market'shail be properly contained in trash bins contained within approved trash enclosures. The number: of bins shall be adequate and'. the trash pick-up shall be as frequent as necessary to ensure the sanitary handling and: timely removal of refuse from the property. '.The Code Enforcement Division of the Planning Department shall determine the need for additional bins or additional. pick-up. 'All costs for increasing the number of binsor frequency of pick-up shall be'paid for by he business owner Page 8 Staff Report to the Planning Commission May 19; 2003 Item No 7 23. Thafthe proposal shall comply with all signing requirements of the CL Zone unless a variance allowing sign waivers is approved by the City Council, Planning Commission or Zoning Administrator and new signage shall tie subject to review and approval by the Commission as a Report and Recommendation Item. 'r 24: That the Code Enforcement Division shall inspect the property on a quarterly basis for a period of one (1) year to'ensure compliance with conditions of approval. Said: inspections shall by paid for by the business'owner. 25. That subject property shall be developed substantially in accordance"with plans and specifications submitted to the: City of Anaheim by the petitioner and wfiich plans are on file with the Planning Department marked Exhibit No. 1, and as conditioned herein. 26: That Condition Nos. 3, 8, 9, 10, 17, 19, 20, 21 and 25, above-mentioned, shalt be completed within. a period of sixty (60) days from the date of this resolution. 27. That approval of this application constitutes approval of the proposed request only to the extent that ifcompiies with the Anaheim Municipal Zoning Coda'and any other applicable City, State and Federal regulations. Approval doesnot include any action or findings as to compliance or' approval of the: request regarding any other applicable ordinance, regulation or requirement. Page 9 ATTACHMENT - I TEt1 N0. 7 MEMORANDUM CITY OF ANAHEIM Code Enforcement Division DATE: MAY 7, 2003 TO: ELAINE YAMBQA, PLANNING AIDE FROM: JACK SCOTT, CODE ENFORCEMENT OFFICER SUBJECT: 2424 W. BALL RD. SUITES W, X, Y & Z (ANAHEIM KINGS MARKET, CUP 2003-04694) Since February of 1997, Code Enforcement staff has received fifteen requests for service at 2424 West Ball Road (The Anaheim Kings Mazket) regazding the following violations of the Anaheim Municipal Code: ® Refuse and waste matter on the property. ® Outdoor storage of.materials. ® Unpermitted flags and banners. ® Excessive window signage. ® Land Use, for the storage of commercial vehicles. ® Illegal dumping. ® Conditional Use Permit required for the unpermitted expansion of the business. It should be noted that Code Enforcement staff has issued fifteen Notices of Violation and one Notice to Appear regazding the aforementioned violations. The most frequent violation was the accumulafion of refuse and waste, which was observed on nine sepazate occasions. In June of 1999 a Notice to Appeaz was issued to Vatche Fermanian, a co owner of the business, for refuse and waste. As a result on July 15, 1999, Mr. Fermanian pled guilty and paid a fine of $200.00. On October 17, 2002, in response to a new request for service, I conducted an inspection of the property and observed the business to be a commercial mazket occupying Suites W, X, Y & Z. However, a check of City Business License records revealed that the business originally opened on February 5, 1994 and occupied only two suites (W & X) within the commercial strip center indicating that the use had been expanded without obtaining a conditional use permit prior to expansion (see attached copy of business license application). The property is zoned "Commerical Limitied" and the business is permitted by right in this zone. On November 8, 2002, a Notice of Violation letter was mailed to the property owners of record and the business owner, Bedros Fermanian allowing fifteen days to remove the unpermitted grocery store expansion or apply for a Conditional Use Permit through the Planning and Zoning Division. On January 15, 2003, I conducted a reinspection of the property and observed "that the unpermitted expansion was still present and the business owner had not applied for a Conditional Use Permit. Therefore on February 26, 2003, Code Enforcement, Planning and our Deputy City Attorney conducted an office conference with the business owner and his attorney to clarify why a Conditional Use Permit is required. As a result of the office conference, the business owner was granted a time extension until April 1, 2003 to apply for the permit or to bring the property back into compliance. On April 3, 2003, I conducted a reinspection of the property and observed the unpermitted expansion of the business was still present and Anaheim Kings Mazket was occupying suites W, X, Y & Z at the time of my inspection. If you would like to review the Code Enforcement file for this business or if you have any questions or need further assistance regazding this matter please contact me at ext. 4479. Thank you. Kmarkell7.doc i oaUa ~W K~ oU nW (>r0 Z O A G m I f- W W NQ Nll=1 ~ ~ L1 ~ -I.- W 2 U m 0 V 11 i) RM-1200 RCl BS-86-05 RCL71-72-OA ) RCL 71-72-02 1) CUP 1618 APTS. i ~ ~ r r~,,~~, ~ -160' ~{®--163' --~ °{ 'LINCOLN AVENUE RCL 886&11 CL CL RCL 61-6573 ROL ~•6FF11 RCL 68.8&77 CUP335/ RCL 6/-fiS73 RCL BCB RCL6465~49 CUP 2683 VAR 2528 RCL 6/ CUP 2268 DENTAL APC~ COEMFR OFFICE CL RCL B&6&77 RCL 633430 VAR 3165 8 CUP 636 BOWLING ALLEY UNBROOK BOWL Reclassification No. 2003-00101 Tentative Parcel Map No. 2003-120 ~ Subject Property Date: May 19, 2003 Scale: 1" = 200' Requested By: STEVEN KRELL Q.S. No. 39 REQUESTS RECLASSIFICATION OF PORTION B FROM THE CL (COMMERCIAL, LIMITED) ZONE TO THE RS-7200 (RESIDENTIAL, SINGLE-FAMILY) ZONE, OR A LESS INTENSE ZONE. TENTATIVE PARCEL MAP NO.2003-120 - TO ESTABLISH A 2-LOT, 1-UNIT RESIDENTIAL AND COMMERCIAL SUBDIVISION. .Portion A: 2167-2173 West Lincoln Avenue and Portion B: 115 North Bircher Street 677(2003.5-16) a RCL ~-8&11 RCL 613873 VAR 1BW 220'-~I 4 90' '-Por7lonA me~ tn~ CL e ~m3a .Z~10 RCL 9&99.11 _,~~ mfn RCL 69-65-72 1 ITEM N0. $ W W ~_ o¢U¢ ~ n W ~ !Y ~ D Z J n'-U ~,~iK `4a~ ~VU ~~ N Um~ ~m~ aUU ac CUP 4000 CUP 3754 V-1144 S ADJ 148 Staff Report to the Planning Commission `May 19; 2003 Item No 8 8a. CEQA NEGATIVEbECLARATION (Motion) 8b 'RECLASSIFICATION NO 2003-00101` '(Resolution): 8c.; TENTATIVE PARCEL MAP NO: 2003-120 (Motion) SITE LOCATION AND DESCRIPTION:: (1) Portion Ai This irregularly-shaped, 0.67-acre properly has a frontage of 163 feet on the north side of Lincoln Avenue'ahd 90 feet on the south side ofindsay Road, a maximum depth of 187 feet and is located 160 feet east of the'centerline of Brookhurst Street (2167- 2173 West Lincolri Avenue). Portion B: This irregularly-shaped, 0.20-acre property has a frontage of 107 feet on the west side of Bucher Street andca maximum depth of 107 feetand is located 220 feet west of the centerline of Lindsay Street (115 North Bucher Street). REQUEST: (2) The petitioner requests approval of the following: Reclassification No: 2003-00101 - to reclassify Portion B of this property from the CL (BCC);(Commercial, Limited: 13rookhursf Commercial Corridd[ Overlay) zone to the RS- 7200 (BGC) (Residential, Single-Family;;Brookhurst Commercial Corridor Overlay) zone, `+ or less intense zone. Tentative Parcel Map No. 2003-120 - to establish a 2-lot, 1-unit residential and commercial subdivision. BACKGROUND:! (3) ' Portion A of this property is currently developed with. anon-conforming commercial center and Portion 8 Is vacant and both portions'are within the Wesk Anaheim Commercial Corridors Redevelopment Project Area and are zoned CL (BCC). The Anaheim General Plan Land Use Element Map designates Portion A of this property for General Commercial land uses and Portion B for Low DensityResidentialtand uses. (4) Surrounding land uses are as follows: DIRECTION" L9NQUSE:.- . ZONING ,; -,;-. GENERAL PLAN " ,DESIGNATION North Single-Family Residences RS-7200 Low- Density Residential East Liquor Store/Restaurantl CL{BCC)/ General Commercial/ Single Family Residences RS-7200 Low-Density Residential South (across Dental Office/ Furniture CL(BCC) General Commercial Lincoln Ave.} Store West Jiffy Lube/Laundry/Stereo CL(BCC) General Commercial Shop Sr5009jr.doc Page 1 Staff Report to the Planning Commission May 19, 2003 Item No. 8 DEVELOPMENT PROPOSAL: (5) The petitioner. proposes to subdivide the properly and reclassify Portion B from the CL (BCC) zone to the RS-7200 (BCC)' zone in order to establish a one unit residential and' commercial subdivision: No changes to the boundaries'of the BCC Overlayare proposed. (6) The tentative'parcel map indicates he subdivision of one parcel into two parcels with the following site characteristics forthe new residential lot: Lot ~ ,:Proposed: Requred Mmimur`tr Lot PwpOSed Lot Required Mm~~um Lot°Aiea: ~: ~ 1ot~dth~ h ~ ~ 1Nidth ~¢~ ~ Area ~`~ 3 .. ~ . l o ~. i , ~ J: ° I " i"~.i ,.cu..`u KrY .A,'.. .L. e rr Yrv~m. ~r-.... .6~ Y, v,.r .:~ ,o..~i.n ..cam, '. Parcel 2 ', 107 feet 8,989 sq. fC ~ 7 200 sq. ff. i70 feet , Portion B Staff Report to the : Planning Commission May 19, 2003 Item Na 8 ENVIRONMENTAL IMPACTANALYSIS: (9) .Staff has reviewed the proposal and the Initial Study;(a copy of which is available for review in the Planning Department) and finds no significant environmental impact and, ;therefore,; recommends that a Iegative Declaration be approved upon a finding by he Planning Commission that the Negative Declaration reflects the independent judgment of the lead agency; and that it has considered the proposed Negative Decimation 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: (10) The proposed project has been reviewed by affected City departments td determine `' whether if conforms with the City's Growth Management Element adopted by the City Council on March 17, 1992.: Based on City staff review of the; proposed project, It has been :'determined that this'project does not fit within the scope necessary to require a Growth Management Element analysis, therefore, no analysis has been performed. EVALUATION: (11) The Anaheim General Plan Land Use Element Map designates Portion B of this property '.for Low Density Residential land uses, with a density range of up to 6 dwelling units per acre. The' RS-7200 Zone is the typical implementation zone for this designation. The ;applicant's proposahto reclassify this property to the' RS-7200(BCC) Zone would be :consistent with the General Plan land use designation of Low bensity Residential for this `site and compatible with the existing residential developments to the north and east of the `.;properly. Therefore,`,staff recommends approval of the reclassification to the RS-7200 ((BCC) Zone. (12) Commission should Dote that staff has included a condition of approval to require that `covenant be recorded with tfie map to ensure the construction and maintenance ofan 8- foot high`decorative block wall'and 10-foot wide landscaped area on Portion A. Because the proposed subdivision and.proposed improvements to each. property would be in r compliance with Zoning Code: requirements set forth for development within the RS- 7200(BCC) and CL (BCC) zones, staff recommends approval of Tentative Parcel' Map 2003-120. FINDINGS: (13) "The State Subdivision Map Act (Government Code, Section 66473.5) makes it mandatory to include,in all motions approving, or recommending approval of a tract map, a specific finding that the proposed Subdivision together with its design and improvement is "consistent with the City's General Plan. Further, the law requires thatthe Commission/Council make any of the following findings when denying or recommending denial of a tract map: 1. Thatthe proposed map is not consistent with applicable General and Specific Plans. 2. That the design. or improvement of the proposed subdivision is not consistent with applicable General and Specific Plans. Page 3 Staff Report o the Planning Commission May 19, 2003 Item No. 8 3. 'That the site is not physically'suitable for the type of development. 4. ' That the'site is noYphysicaily'suitablelor the proposed density of development. 5. That the'design of the subdivision or the proposed'improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their fiabitat. 6. That the'design of the subdivision or the type of improvements is likely o cause d serious public health problems. 7. ' That the design of the subdivision or the. type of improvements will cpnflct with easements, acquired by thepublic at large, for access through or use of properly within the proposed subdivision." 'RECOMMENDATION: (14) Staff recommends thafunless additional or contrary information is received during the`: meeting, antl based upon the evidence submitted to the Planning Commission, including the evidenca'presented' in this staff report, and oral and written evidence presented at the public hearing that the Commission take the following actions: (a)'i By motion, approve a CEQA Negative Declaration. (b)' By resolution, approve Reclassification No. 2003-00101 (to reclassify Portion B of this property from the'CL(BCC) Zone to the RS-7200(BCC) Zonebased on the following: (i) That the proposed reclassification of the property to he RS-7200(BCC) Zone would be in conformance with the Anaheim General Plan Land Use Element 'Map which designates this property for Low Density Residential land uses. (fi) ;That the reclassification to the t2S-7200(BCC) Zone would be complementary tp the RS-7200 zoned single-family residences that are adjacent to this property to the Korth and'east. (c)? By motion, approve Tentative Parcel Map No. 2003-120 (to establish a 2-lot, 1-unit residential and commercial subdivision) because he design and improvements of the proposed subdivision would be consistent with the General Plan land use designation of Low Density Residential and in compliance with ail Zoning Code requirements for development within the RS-7200(BCC)Zone. THE FOLLOW ING CONDfTIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING'AS AN INTERDEPARTMENTAL COMMITTEE'ANDARE RECOMMENDED FOR`ADOPTION'BYTHE PLANNING COMMISSION IN THE EVENT THAT RECLASSIFICATION NO' 2003-00101' 1S APPROVED. 1. That a preliminary title report shall be furnished to the'Zoning Division showing the legal vesting of title, a legal description and containing a map of the property. ' 2. That prior to placement of an ordinance rezoning subject property on an agenda for City Council consideration, Condition No. 1`above-mentioned, sfiail be completed. Tfie City Council may Page 4 Staff Report to the Planning' Commission May 19;'2003 Item No: t3 approve or disapprove a zoning ordinance at its discretion. if the ordinance is disapproved„the procedure set forth in Anaheim Municipal Code Section 18.03.085 shall apply. The provisions or rights'granted by his resolution shallbecome Wulf and void'by action of the Planning Commission unless said conditions are'complied with within one (1) year from the' date of this Fesotution or such :' further time as the Planning: Commission may grant. 3. That approval of this application constitutes approval of the' proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action br findings as to compliance or approval of the7equest regarding any other applicable ordinance, regulation or requirement. THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS AN INTERDEPARTMENTAL COMMITTEE'AND ARE RECOMMENDED FOR ADOPTION BY THE `PLANNING COMMISSION IN THE EVENT THAT TENTATIVE PARCEL. MAP 2003-120 ISAPPROVED. 1. That approval of Tentative Parcel Map No. 2003-120 is contingent upon approval of Reclassification Na' 2003-00101. 2. That prior to the approval of the final map, Reclassification No. 2003-00101 shall be adopted and `- finalized by the Gity Council. 3. 'That the legal property owner shall submit an unsubordinated'covenant on the map for the construction of an8-foot high wall alongahe newlycreated property line between Parcels 1 and 2. Provisions shall be made in the covenant to guarantee the construction and maintenance of a 10-foot wide lantlscaped planter located adjacent to the decorative block wall, and that the covenanf shall be referenced in all deeds transferring all oF'any part bf the interest in the property. 4. That prior to approval of the final parcel map, Condition Nos. 2 and 3, above-mentioned, shall be complied with. 5. That approval of this applicatidn constitutes approval of the proposed request only to the extent that it compiieswith 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 regardingany other applicable'ordinance,: regulation or requirement. Page 5 / ~~~j~~RS_HS22.000 ^ 6L ~~ OHOOLOR 1 Tract RCL RCL VA 1 Dl ADJ 161 I .1 Ipm\. F Z ~~~ \`~\ 9/ TRACT N0.6560 \ n~ RS-HS•22,000 ~ NOG ~ yO SPT 2003-00001 `\~F e 1\~ c ~~ \\ NTO~~ G~ 1 \\\\ ~~~°o\ ~~ 1 ~ i \`L'P~\\ 9'f'p i~ 11 RS•HS-22,000 \\ ..~ 1 TRACT No. 15500 ` I RCL 72-73-51 -_ ~ RCL 72-73.47 \ \ VAR 4314 \ \ 1 DU EACH ~~ `~. ~o ALL PROPERTIES ARE IN THE (SC) (SCENIC CORRIDOR OVERLAY) Specimen Tree Removal Permit No. 2003-00001 Subject Property Date: May 19, 2003 Scale: 1" = 200' Requested By: RALPH J. TABER Q.S. No. 203 TO REMOVE 5 SPECIMEN TREES (4 EUCALYPTUS AND 1 PEPPER) TO CONSTRUCT A POOL AND TO IMROVE REAR YARD LANDSCAPING. 7300 East Stone Creek Lane m 678 Staff Report to the Planning'Commisson May 19, 2003 Item No: 9 9a, - CEQA NEGATIVE DECLARATION (Motion) 9b. SPECIMEN TREE'REMOVAL PERMIT tJO. 2003-00001 '(Motion) ? SITE LOCATION AND DESCRIPTION: _ (1) This irregularly-shaped, 0.58-acre property has a frontage of 60 feet at ttte terminus. of Stone Creek Lane, a maximum: depth of 205 feet and is located approximately 1010 feet northwest of the centerline of Old Bridge' Road (7300 East Stone Creek Lane). REQUEST: (2) The petitioner requests approval of a specimen tree removal permit under' authority of + Code Section 18.84038.040 to'remove five (5) specimen trees (four (4) Eucalyptus trees "and one (1) Pepper free) in order to construct a pool and to improve rear yard landscaping r of an existing single-family residence. BACKGROUND: (3) The property is developed with asingle-family residence and is zoned RS-HS-22,000(SC) ;(Residential, Single-Family Hillside; Scenic Con•idor Overlay) and the Anaheim General iPlan Land Use Element Map designates this property for Hillside Estate Density Residential land uses. I (4) .Surrounding land uses are as follows: 'Direction: `. ~"'Lanil~Use~~,.~ ~. .:Zoning 'General Plan Designation All Directions Single-Family Residences: RS-HS-22,000 (SC) Hillside Estate Density, Residential DEVELOPMENT PROPOSAL: (5) The petitioner requests approval to remove five (5} specimen gees in order to grade the ..`property in preparation for constructing anew pool: and landscaping improvements within the rear yard of an existing single-family residence. The submitted specimen tree removal .'.plan (F~chibit No. 1 }indicates that the five (5) specimen trees are located within the rear ;yard of the existing single-family residence. The plan also indicates onei(1) Eucalyptus ? ee that would be retained once property. (6) The specimen tree replacement plan (Exhibit No. 2) indicates that 10 trees are proposed as replacement for the trees to be removed. The plan indicates the trees would all. be located within the rear yard. 'fhe letter of request indicates that the petitioner would like to conduct research on the species of trees that would be the most appropriate for the 'existing soil conditions and sunlight before selecting the type of tree form the list of trees <identifiedan the Code. SR8598AV.DOC Page 1 Staff Report to the Planning Commission May 19,2003 `Item No 9 Corridor' Although CEQA provides an exemption for "Minor Alterations o Land" (Section 15304 of the CEQA Guidelines), which is applicable to minorprivate alterations irr'the conditioh of land and/or vegetation, the exemption can only be used when the project does not ° ..involve the removal of healthy, mature, scenic trees". The subjectproperty is located in the Scenic Corridor, which is intended topreserve and protectthe scenic resources within the Hill and Canyon Area of the Cjty. These scenic resources include specimen trees. Therefore, staff has prepared a Negative Declaration as indicated in the following: paragraph. i Staff has reviewed the proposal and the Initial Study (a copy of which is available for review in a Plannjng Department) and finds no significant environmental impact and, therefore, recommends that aNegativebeclaration be approved upon a finding by the Planning;Commisson that the Negativebeclaration reflects the independentjudgment of 'the lead agency; and that it has considered the proposed Negative Declaration together with any comments7eceived during the public review process: and further finding oh 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. i GROWTH MANAGEMENT ELEMENT ANALYSIS: (9) The proposed project has been reviewed py affected City departments to determine whetherit conformsiwith the City's Growth Management Element adopted by the Gjty Council oh March 17, 1992. Based on City staff review of the proposed project, it has been determined that this project does not fit within the scope necessary to require a Growth Management Element analysis, therefore, no analysis has been performed. EVALUATION: (10) Code Section 18.84:038.010 pertaining to tree preservation defines Eucalyptus, Oak, Pepper and Sycamore trees with a trunkmeasuring'eight (8) inches or greater in diameter, measured at a poinf four (4) feet above ground level as a specimen tree.: The Scenic Corridor Overlay Zone permits a removal of specimen treessubject to he approval of a specimen tree removal permit considered by the Planning Commission at a noticed public hearing. (11) Code Section 18.84.038.060 requires that any specimen frees removed shall be replaced on the same parcetat 2:1 ratio. The Code further pecifles that replacement treesshail be minimum 15-gallomsize contaihers and'chosen from a specified Ilst of replacement trees ident~ed in the Code. Should the Commission wish to grant this request, staff recommends the replacement. trees be a minimum of 24-inch"box in size which would be consistent with the other trees, located ih the vicinity: (12) ' Staff hasreviewed the proposal and inspected the site to determine the possibility for i aitemative gradingto create a:usable pad for new?ear yard landscapingimprovements and the construction of a pool without impacting the existing'specimen trees on-site. Staff has confirmed that the Vee removal is necessary and that the: proposeddevelopment is 'both reasonable and practical' Therefore, staff recommends approval of the request to remove Tour (4) specimen Eucalyptus and one (I) specimen Pepper tree:. Page 3 Staff Report to the Planning Commission May 19; 2003 Item No. 9 FINDINGS; (13) Zoning Code Section 18:84.038.050 states that as a prerequisite to granting any Specimen Tree Removal Permit, the Planning Commission may impose conditions and'shall make one ar more of the following findings: (a) That principles of good forest management will best be served by the proposed removal; (b) ; That a reasonable and practical development of the property on which the tree: is located requires removal of the tree'or trees whose removal is sought; (c) ; That the character of the immediate neighborhood in respect to forestation will!hot be materially affected by,the proposed removal; (d) That the topography of the: building site renders removal reasonably. necessary; (e) j That regard for the safety of persons or property requires the removal. RECOMMENDATION: (14) Staff recommends that unless additional or contrary information is received during the meeting, andbased upon the evidence submitted to the' Planning'`Commission, including theevidence presented in this staff report, and oral and'written evidence presented at he public hearing'.: that the Planning Commission'take the following actions: (a) By motion, aourove the CECtA Negative Declaration. (b) ; By motion, apordve Specimen Tree Removal Permit No. 2003-00001. to allow the removal of the four (4) southernmost specimen Eucalyptus trees and one (1) '; specimen Pepper trees in order to construct a new pool and rear yard landscaping improvementsbased on the following: (i) That a reasonable and practical development of the propertybn which the trees are located requires the removal of the five (5) specimen trees. ? (li) That the character of the immediate neighborhood: in respect to forestation would not be materially affected by the'proposed removal of the five(5) specimen trees since these trees are located in the rear yard' of the subject property; and thatthese trees'will be replaced at a 2:1 ratio with minimum 24-inch box sized trees selected from the approved tree species list identified in Section 18.84.038 (Tree Preservation). of the Zoning Code.` (iii) !That the opography of the building site renders removal of the five (5) northernmost specimen trees and an alternative design could not be devised in order to'grade the"site in order to improve the rear yard landscaping and construct a' pool. Page 4 r Staff Report to the Pianning`Commission r May 19,'2003 Item No: 9 THE FOLLOWING CONDITIONSARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS AN1tJTERDEPARTMENTAL COMMITTEE AND ARE RECOMMENDED FOR ADOPTION BY THE PLANNWG COMMISSION IN THE EVENT THAT SPECIMEN TREE REMOVALPERMIT IS APPROVED. 1. That the subject property shall be developed substantially irr 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 No. 1 and 2 A total of ten (10) minimum 24-inch box sized replacement trees selected from the tree species' identified in Sectiod 18.84.0313 (The Preservation) of the Zoning Code shall be installed. Said trees shall be properly maintained and any replacement ' tree planted on-site shall ba Yeplaced in a timely manner in the evenfthat it is removed, damaged, diseased and/or dead. 2. < That the trees approved for removal shall remainUntil a grading permit is issued for the construction of the pool and'rear yard landscaping improvements. 3. ' That prior to final building and zoning inspections, Condition No. 1, above-mentioned, shall be complied with. 4. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim: Municipal Zoning Code and any other applicable: City, State and Federal'regulations. Approval does not include any action or• findings'as to compliance or approval of the request regarding any other applicable ordnance, regulation o[requirement. Page 5 ATTACMt1EN9' - ITEM No. 9 Alene Taber 7300 E. Stone Creek Lane Anaheim, California 92808 March 31.2003 Joel Fick Executive Director Anaheim Planning and Community Development 200 S. Anaheim Boulevard Anaheim, California 9280 Re: Regteest for Permit to Remove Trees Deaz Mr. Fick: I am submitting this application to remove 4 Eucalyptus trees and 1 Pepper tree. I believe that the Planning Commission can make the appropriate findings under City of Anaheim Municipal Code sections 18.84.038.052, :053, and .054. In order to develop our property we will need to remove these trees. The character of our immediate neighborhood will not be materially affected as these trees aze in our backyard, there aze plenty of existing trees in the neighborhood, and we will be replacing the trees at a 2-to-1 ratio. The sloping topography of our property renders the removal necessazy in order to improve the backyard. While we aze requesting removal of 4 Eucalyptus trees, we will be making every effort to work around 2 of the trees and remove only 2 trees. However, in the event we aze unable to successful accomplish this, we need the flexibility to remove these 2 trees. We will comply with City of Anaheim Municipal Code section 18.84.038:060 and will replace each tree removed with two trees from the list in the ordinance. I am unable to identify at this time exactly which species of trees listed in the ordinance will be planted because we want to do further investigation to identify those species on the ordinance list that would be best suited for our backyard given soil conditions and sun light. Before we plant the trees, we will provide a list to the City. With respect to compliance with the California Environmental Quality Act ("CEQA"), we believe this request is exempt under CEQA Guideline section 15061((3f 3~s removal of these trees will certainly not have the potential for causing a significant impact on the environment. We are requesting to have this item scheduled for the next Planning Commission meeting. Please contact me if you have any questions at 949.851.7492. Sinc~er~el~y~,~ ~ ~~ Alene Taber Q r1T ~In nnnn _ r1 ~ ~1 n ITEM N0. 10 ML ML ML RCL 51-52-3 RCL 51-52-3 RCL 51.52-3 CUP 2746 CUP 4051 U S POST CUP 2409 CUP 2409 . . OFFICE STORAGE U.S. SPRINT ~ J Q 5556-12 ~v? ¢ ~ ~ 5455-14 ~ 5 94 ~U7 (r 3 SMALL INDUSTRIAL FIRMS ENO" CG 1ND. FIRMS •--1-----1------------- U ? ~ DUSTRIAL CUP 2003-04688 _____.. _____...... I K ac a4ao_4» CENTER SMALL I I CUP 2078 ~~ I 565723 ¢p~ II~~__ ~O RSA-03,000 CUP 787 Ewa INOFIRMS AL I r~Np~t`g7R~ ~a CUP 20034Mfi8B mz I I FIRMS ~M~L~ - -^I 1 ML ~s INPUSTRW. I I 55-56-12 t `., r v 58.57-23 P 56n 2: FIRMS I ~ y ", o¢ a CUP 3372 ~ CUP 3312 a I CL ~~ °o> Q ML m ay I ~ RCL 76]Bd7 °ome ap ~- V ~'~-~ a ~$ I I ML O n CUP 2131 >m ~ JG f vABANT W m' I ~ m i GUP 1924 cOim Um°o U / /^ RCL 55-58.12 w di CUP tB]a ¢~a gR ¢ ~ a ~ ~N / / d EQUIPMENT ID~N VAR ZB78 '4°> -^ ~ CG CG a ~ ~~ ~ ~L~im RENTALS u~5 lAeEi co rcG ~~ ni RCL 884r7-07 > s4ss37 U I I rc¢ STOR V+O ~m VAR 1845 VAR 2848 SMALL SHOPS I I p -AGE ~ o I vncnrvr I~-130'-a+® 455' I ®I LINCOLN AVENUE i RCL 82L83.75 ~ CL CUP 2002-04590 56-57-39 RSA RSA- RS-A- CUP 6505 U ~ VAR 2279 S 43.008 43,000 43,000. CUP 373 CUP 584 VAR 27915 CL w AUTO DEALER CUP 244 V-259 V-819 V4319 CUP 3111 ~ REST. .MOTEL RESL VACANT - - CL CUP 4319 56-57-39 V-9799 CUP 3988 (RCL fil-54.7791 CUP 1077 MPTEL VAR ZOB6 S AUTO DEALER RM-1200 RCL 87-68-22 RM-1200 CL 8859-3 APTS. 56-57-39 CUP 2956 CUP 1447 CUP 862 AUTO CUP 526 DEALER Conditional Use Permit No. 2003-04688 W W J U W Subject Property Date: May 19, 2003 Scate: 1" = 200' Requested By: EMMETT S. ROACH Q.S. No. 46 REQUEST TO PERMIT AND RETAIN A CHURCH IN AN EXISTING BUILDING WITH WAIVER OF MINIMUM NUMBER OF PARKNG SPACES. 1751 West Lincoln Avenue C C CH 56-57-27 VAR 2443 VACANT s7s '' `Staff Report to the 'Planning .Commission May 19, 2003 Item Na. l0 i 10a, CEQA NEGATIVE DECLARATION 10b- WAIVER OF6ODEREQUIREMENT : 10c: CONDITIONAL USE PERMIT NO 2003-04688 (Motion for continuance)..`. SITE LOCATION AND DESCRIPTIONi (1) This irregularly-shaped, 1.0-acre property has a frontage of 130 feet on the north side of Lincoln Avenue, a maximum depth of 290 feet, and is located 455 feet west of the centerline of Euclid Way (1751 West Lincoln Avenue). REQUEST: (2) The petitioner requests approval of a conditional use permit under authority of Code Sections 18.03.030, 18.21:050:110 and 18.45.050:120 topermit and retain a church in an existing ndustrialbuilding with waiver ofminimum numberofparking spaces. BACKGROUND: (3) This property is developed with a 16,106 square foot industrial building and is zoned CG (Commercial, General) and RS-A-43,000. (Residential/Agricultural). This property is located +within the Plaza Redevelopment Project Area and the AnaheimGeneral Plan Land Use Element Map designates this property for General Commercial land uses: (4) The representative for the church, Eduardo Cruz, has submitted a letter dated May 9, ``2003, requesting a continuancelo the June 2, 2003,1Planning Commission meeting in order to revise plans; RECOMMENDATION: (5) That the Planning Commission, by motion; continue this item to the June 2, 2003, Commission 'meeting as requested by the: petitioner SF8600vn.doc 'Page 1