PC 2003/10/06CITY OF ANAHEIM
PLANNING COMMISSION AGENDA
OCTOBER 6, 2003
Council Chambers, City Hall
200 South Anaheim Boulevard, Anaheim, California
CHAIRPERSON.- JAMES VANDERBILT
COMMISSIONERS: GAIL EASTMAN., PAULBOSTWICK; DAVID ROMERO,
JERRY.O'CONNELL, CECILIAFL'ORES, (QNE VACANT SEAT)
CALL TO ORDER :;
PLAidNING-COMMISSIOM flflORNING SESSION 11:00 A.M,
• STAFF UPDATE'TO COMMISSION ON VARIOUS CITY
DEVELOPMENTS'P,ND ISSUES (AS REQUESTED BY
PLANNING COMMISSION)
• PRELIMINARY"I'LAN REVIEW FOR_ITEMS ON THE OCTOBER 6, 2003 AGENDA
.:. ~ f..~.. _
RECESS TO AFTERNOON PUBLIC HEARING SESSION
.. _.. ~ - -
RECONVENE TO PUBLIC HEARING 1:30 P.M. ~"~~~
For record keeping purposes, if you lvish to make, a statement regarding any dem on the agenda, please
complete a speaker card aril submit if to the secretary _
s
PLEDGE OF ALLEGIANCE
PUBLIC COMMENTS
CONSENT CALENDAR
PUBLIC HEARING ITEMS
ADJOURNMENT
00603.DOC
10-06-03
Page 1
RECONVENE TO PUBLIC HEARING AT 1::30 P.M.
PUBLIC COMMENTS:
This is an opportunity for members of the public to speak on any item under the jurisdiction of the
Anaheim City Planning Commission or public comments on agenda items with the exception of public
hearing items.
CONSENT CALENDAR:
Item 1-A through 1-D on the Consent Calendar will be acted on by one roll call vote. There will be na
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.
PLANNING COMMISSION APPOINTMENTS:
• ANAHEIM TRANSPORTATION NETWORK BOARD OF DIRECTORS
(Current Representative: Commissioner Bostwick)
• PARKS AND RECREATION COMMISSION
(Current Representative: Chairperson Vanderbilt)
• COMMUNITY DEVELOPMENT ADVISORY BOARD (CDAB) FOR THE BLOCK GRANT
PROGRAM
(Current Representative: Commissioner Eastman)
(Current Alternate: Vacant)
UTILITIES UNDERGROUND CONVERSION SUBCOMMITTEE
(Current Representative: Commissioner Bostwick)
(Current Alternate: Commissioner Romero)
• GENERAL PLAN ADVISORY COMMITTEE (GPAC)
(Current Representative: Commissioner Bostwick)
(Current Alternate: Commissioner Romero)
• HISTORIC PRESERVATION AD HOC COMMITTEE
(Current Representative: Commissioner Eastman)
(Current Alternate: Commissioner Flores)
10-06-03
Page 2
1.
A. (a)
(b)
Eric Chen, Nevis Homes, 255 East Santa Clara Street, Suite 210,
Arcadia, CA 91006, requests a time extension to comply with
conditions of approval for apreviously-approved 32-unit attached
residential condominium subdivision. Property is located at 1126
North Euclid Street.
8. (a) CEQA CATEGORICAL EXEMPTION -CLASS 11
(b) CONDITIONAL USE PERMIT NO. 3369
(TRACKING NO. CUP2003-04774)
Equity Office Management, 2 North Riverside Plaza, Chicago, IL
60606, requests construction of 8 artistic renderinglinformational signs
for an existing office complex. Property is located at 2400 East Katella
Avenue (Stadium Towers Office Building).
C. (a) CEQA CATEGORICAL EXEMPTION SECTION NOS. 15061 (b)13) 8
15262
(b) RECLASSfFICATION NO. 2003-00112
City of Anaheim, Planning Department, 200 South Anaheim
Boulevard, Suite 162, Anaheim, CA 92805, requests Planning
Commission initiation of reclassification proceedings for properties
within the "5 Points Neighborhood" from the CG (Commercial,
General), RM-1200 and RM-2400 (Residential, Multiple-Family) Zones
to the RS-7200 (Residential, Single-Family) Zone or (less intense
zone). Properties are located within the "5 Points Neighborhood" as
identified in the staff report.
D. (a)
(b)
E. Receiving and approving the Minutes from the Planning Commission
Meetings of September 8, 2003. (Motion)
Receiving and approving the Minutes from the Planning Commission
Meetings of September 22, 2003. (Motion)
Project Planner:
(avazguez(g~anaheim.net)
sr8645av.doc
Q. S. 51
Project Planner:
(cwa g n e r Co) a n a h e i m: n e t)
sr1128cw.doc
Q, S. 117
Project Planner.
(cFlores(a2anaheim.vet)
sr8646cf.doc
10-06-03
Page 3
PUBLIC HEARING ITEMS:
2a. CEQA NEGATIVE DECLARATION
2b. WAIVER OF CODE REQUIREMENT
2c. CONDITIONAL USE PERMIT NO. 2003-04746
OWNER: Steven Dunbar, 20429 East Yorba Linda Boulevard, Yorba
Linda, CA 92886
AGENT: Gregory Roseen, 23 Dawnwood, Ladera Ranch, CA 92694
LOCATION: 5055 East Short Street. Property is approximately 0.46-
acre, located at the northwest corner of Kellogg Drive and
Short Street.
Request to construct a veterinary hospital and animal boarding facility
with waivers of: (a) maximum fence height, (b) signs permitted in
residential zones, (c) maximum structural height, and (d) minimum front
yard setback and (e) minimum side yard setback.
'Waiver (c) has been deleted.
Continued from the September 8, 2003, Planning Gommission Meeting.
CONDITIONAL USE PERMIT RESOLUTION NO.
3a. CEQA NEGATIVE DECLARATION
3b. WAIVER OF CODE REQUIREMENT
3c. CONDITIONAL USE PERMIT NO. 2003-04742
OWNER: Richter Farms Trust, 5505 Garden Grove Boulevard,
Westminster, CA 92683
AGENT: John Tarlos, Tarlos and Associates, 17802 North Mitchell,
Irvine, CA 92867
LOCATION: 1092 North State College Boulevard. Property is
approximately 6.9 acres, located north and east of the
northeast corner of State College Boulevard and La Palma
Avenue.
Request to construct adrive-through restaurant with waiver of minimum
number of parking spaces.
Continued from the September 8, 2003, Planning Commission Meeting.
CONDITIONAL USE PERMIT RESOLUTION NO.
Project Planner:
tl Pra m I feZ(n7 a na hei m. net)
sr5047jr.doc
Q.S. 170
Project Planner:
(tea mbao (a) a na hei m. net)
sr3045ey.doc
Q.S. 111
10-06-03
Page 4
4a. CEQA NEGATIVE DECLARATION Request for
4b. WAIVER OF CODE REQUIREMENT continuance to
4c. CONDITIONAL USE PERMIT NO. 2003-04744 November 3, 2003
OWNER: First Congregational Church of Anaheim, 515 North State
College Boulevard, Anaheim, CA 92806
AGENT: Adan Madrid, Trillium Telecommunications, 3010 Old
Ranch Parkway, Suite 210, Seal Beach, CA 90740
LOCATION: 515 North State College Boulevard. Property is
approximately 5.6 acres, located at the northwest corner of
Sycamore Street and State College Boulevard (First
Congregational Church of Anaheim).
Request to permit a telecommunications antenna with accessory ground-
mounted equipment with waivers of: (a) minimum front yard setback and Project Planner:
(b) minimum side yard setback. (vnorwoodCo)anaheim.net)
Continued from the September 8, 2003, Planning Commission Meeting.
sr8647vn.doc
CONDITIONAL USE PERMIT RESOLUTION NO. Q.S. 102
5a. CEQA CATEGORICAL EXEMPTION -CLASS 1 Request for
Sb. CONDITIONAL USE PERMIT NO. 2003-04720 withdrawal
OWNER: Louis P. Smaldino, 13583 East Whittier Boulevard, Whittier,
CA 9D605
AGENT: Nabil Houri, 12 Longstreet, Irvine, CA 92620
LOCATION: 804 South Anaheim Boulevard. Property is
.approximately 0.43-acre, located at the southeast corner of
Anaheim Boulevard and South Street.
To permtt a W.LC (Women, Infant and Children) store and to establish
land use conformity with existing zoning code land use requirements for
an existing legal nonconforming liquor store. Project Planner:
(eyambaota'~anaheim.net)
Continued from the July 14 and August 11, 2003, Planning Commission
Meeting.
sr3032(b)_ey.doc
CONDITIONAL USE PERMIT RESOLUTION NO. Q.S. 84
10-06-03
Page 5
6a. CEOA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED)
6b. CONDITIONAL USE PERMIT NO. 3921
(TRACKING NO. CUP2003-04723)
OWNER: F.J. Hanshaw Enterprises, Inc., 10921 Westminster
Avenue, Garden Grove, CA 92843
AGENT: Desapriya Jinadasa, 1112 North Brookhurst Street #1,
Anaheim, CA 92801
LOCATION: 1112 North Brookhurst Street, Suite 1. Property is
approximately 0.91-acre, located north and east of the
.northeast corner of Brookhurst Street and La Palma
Avenue (Cheers Market).
Request reinstatement of this permit by the modification or deletion of a
condition of approval pertaining to a time limitation (approved on May 8,
2000 to expire November 28, 2002) to retain the retail sales of alcoholic
beverages for off-premises consumption within apreviously-approved
convenience market.
Continued from the July 28, September 8 and September 22, 20D3,
:Planning Commission meetings.
CONDITIONAL USE PERMIT RESOLUTION NO.
7a. CEQA CATEGORICAL EXEMPTION -CLASS 1
7b. WAIVER OF CODE REQUIREMENT
7c. CONDITIONAL USE PERMIT NO. 2003-04093
OWNER: Hunter's Pointe HOA, 2 Corporate Park, Suite 200, Irvine,
CA 92606
AGENT: Maree Hoeger, Global Telecom Resources, 23332 Mill
Creek Drive, Laguna Hills, CA 92653
LOCATION: 6920 East Canyon Rim Road. Property is approximately
3.05 acres, having a frontage of 545 feet on the south side
of Canyon Rim Road, located 180 feet west of the
centerline of Fairmont Boulevard (AT&T Wireless).
To permit a telecommunications antenna and microwave dish on an
existing electrical transmission tower and accessory ground-mounted
equipment with waiver of minimum front yard setback.
Continued from the September 22, 2003, Planning Commission Meeting.
CONDITIONAL USE PERMIT RESOLUTION NO.
Project Planner:
(avazauezt7a anaheim.net)
sr8650av.doc
Q.S. 37
Request for
continuance to
October 20, 2003
Project Planner:
(v n o rwo o d (~ a n a h e i m. n et )
sr8651vn.doc
Q.S. 204
10-06-03
Page 6
8a. CEQA CATEGORICAL EXEMPTION -CLASS 3
8b. VARIANCE NO. 2003-04574
OWNER: Neelam Shewa, 5333 University Drive, Irvine, CA 92616
AGENT: Blash Momeny, 23120 Alicia Parkway, #100, Mission Viejo,
CA 92692
LOCATION: 301 and 345 Pennv Lane. Parcel 1: Property is
approximately 0.53-acre, having a frontage of 90 feet on
the southerly side of Penny Lane, located 70 feet southeast
of the centerline of Mohler Drive. Parcel 2: Property is
approximately 0.78-acre, having a frontage of 220 feet on
the southerly side of Penny Lane, located 160 feet
southeast of the centerline of Mohler Drive.
Request waivers of: (a) maximum structural height, (b) minimum front
yard setback, and (c) minimum side yard setback, to construct two single
family homes.
Continued from the September 8, 2003, Planning Commission Meeting.
VARIANCE RESOLUTION NO.
9a. CEQA CATEGORICAL EXEMPTION -CLASS 1
9b. CONDITIONAL USE PERMIT NO. 2003-04761
OWNER: Harlan F. Soden, 2525 East Jamison Street, Anaheim,
CA 92806
AGENT: Cathi S. Hofstetter, 2427 East Bethel Drive, Anaheim,
CA 92806
LOCATION: 1147 North Anaheim Boulevard. Property is
approximately 0.87-acre, having a frontage of 329 feet on
the west side of Anaheim Boulevard, located 162 feet south
of the centerline of Carl Karcher Drive.
Request to permit an adult care facility "
CONDITIONAL USE PERMIT RESOLUTION NO.
Request far
continuance to
October 20, 2003
Project Planner:
(ipramrez(o~anaheim.net)
sr5044jcdoc
Q.S. 202
Project Planner:
(eyambaoCa~anaheim. net)
sr3044ey.doc
Q:S. 7Q
10-06-03
Page 7
10a.
10b.
10c.
(TRACKING N0. CUP2003-04784)
OWNER: Moving On Entertainment, 201 East Broadway, Anaheim,
CA 92805
AGENT: Ed Perez, 6765 East Leafwood Drive, Anaheim, CA 92807
LOCATION: 201 East Broadwav. Property is approximately 1.3
acres, located at the northeast corner of Broadway and
42nd Street (Heritage Forum).
Conditional Use Permit No. 2003-04762 - to permit a church use in
conjunction with an existing performing arts theater.
11 a.
11 b.
11 c.
Conditional Use Permit No. 2144 - a determination of substantial
conformance with previously-approved exhibits to permit the replacement
of an existing changeable copy marquee sign with an electronic
readerboard changeable copy sign in conjunction with a performing arts
theater.
CONDITIONAL USE PERMIT RESOLUTION NO.
OWNER: Vaskin Koshkerian, 10621 Equestrian Drive, Santa Ana, CA
92705
AGENT: Andrew Paszterko, 2055 North Alvarado Street, Los
Angeles, CA 90039
LOCATION: 1198 South State College Boulevard.
Property is approximately D.52-acre, located at the
northeast corner of Ball Road and State College Boulevard.
Request to amend exhibits to raise the canopy height for apreviously-
approved service station with a convenience market and retail sales of-
beer and wine for off-premises consumption with waiver of minimum
structural setback abutting an arterial highway.
CONDITIONAL USE PERMIT RESOLUTION NO.
Project Planner:
(dsee(a~anahem. net)
sr2139ds.doc
Q.S. 83
Project Planner:
ti a ram i rez(o~ a n a h e i m .net )
sr5046jr.doc
Q.S. 115
ADJOURN TO MONDAY, OCTOBER 20 AT 11:00 A.M. FOR
PRELIMINARY PLAN REVIEW.
10-06-03
Page 8
CERTIFICATION OF POSTING
I hereby certify that a complete copy of this agenda was posted at:
t ; 30 ~.,.,, , p,~~,,,~ Zr 2003
(TIME) (DATE)
LOCATION: COUNCIL CHAMBER DISPLAY CASE AND
COUNCIL DISPLAY KIOSK
SIGNED: ~~'~- i(t-~. ~~---
If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this notice, or in a written
correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing.
RIGHTS OF APPEAL FROM PLANNING COMMISSION ACTION
The action taken by the Planning Commission this date regarding Reclassifications, Conditional Use
Permits and Variances shall be considered final unless, within 22 days after Planning Commission action
and within 10 days regarding Tentative Tract and Parcel Maps, an appeal is filed. This appeal shall be
made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the
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.
10-06-03
Page 9
SCF9E®~9L~
2003
OCTOBER 20
NOVEMBER3
NOVEMBER 17
DECEMBER1
DECEMBER 15
DECEMBER 29
10-06-03
Page 10
ITEM 1J0. 7-A
CL CL
RCL 78-79-10. RCL 78-79-10
RCL 57-56-45. RCL 57-56-45
CUP 2336 CUP 2524
CUP 1869 CUP 2112
VAR 3036 CUP 1869
REST.ISHOPS VAR 3036
REST.
RCL 69-70-17
CUP 2329
KAISER
PERMANENTE
I RM-3000 I
RCL 77-78-47
RCL 69-70-17
VAR 2995
CG
RCL 60-61-02 RCL 64-65-103
CUP 250
MEDICAL
CL CLINICS
CUP 758
a '
~ i VAR 1775 363
1 o °¢ EUCLID
~
~4 DU ~~a CENTER
Z am CAR WASH
i ~6DU
~ ~
C ~ RCL 54 55-34
L (Res. of lnlent to ML)
D IT1 ~ RCL 2002-00075
s GLEN AVE ~ N T-CUP 2003-04760
n CUP 2002-04554
VAR 1116
f" VAR 153
0 VACANT
CL
RCL 60-61-02
VAR 4296
RESTAURANT ~ RCL 623-117
-{ CUP 533
VAR 1575
IT1 RESTAURANT RS-A-43,000
a1 cL 3 rTt CL CUP 2002-045;
L CL 62.63-0
' 1 Itj
RCL 62-6
CL 53-54-0j -
--( o RCL 64-66-106 CUP 29
fiRCL 62-fi3-01 VAR 1964 ~
a
vnR 2468 m
~ CUP 3751 MORTUARY
J CUP 2436
CUP 1910
VAR 1655
SMALL
Ua~
~
MIOAS VAR 253
IOPS
SHOPS a MUFFLER SERVICE
MARKET STATION
RCL 616]<I (])
CUP 1]1
VAR 96)
VAR ))5
v4 CL
RCL 64-65404
°a CUP 2412
CL "' CUP 464
a VAR 2491 5
T-CUP 2001-04473 ~ SERV. STN.
ADJ 2001-00215 r CL
RM-1200
RCL 63-64-57
CUP 502
CUP 25U
APARTMENTS
64 DU
r
i RM-3000 '
I RCL 77-76-20 I
RCL 66-67-75 I
I (Res. of Int. to CO) I
I CUP 1155 ~I
~------ CUP 1123 -
_ CUP t107
- _-\ VAR 2966 --\
I VAR 1116
I CONDOS I
j30U
I
I I I
I \_____/
I
LA PALMA AVENUE
u7
o=
U
oQ
nw
~~
~o
DU
CL
53-54-Ofi CL RCL
VAR 4323 CUP 2933- 7 ~ x 1 I
AR 1844 5 CUP 2667 UP 96
HARMAC
VAR 1844 5
RALPHS ~ ~
MARKET '-
Conditional Use Permit No. 2002-04554 Subject Property
TRACKING NO. CUP2003-04760 Date: October 6, 2003
Scale: 1" = 200'
Requested By: ERIC CHEN Q.S- No. 51
REQUEST FOR TIME EXTENSION TO COMPLY WITH CONDIITONS OF APPROVAL FOR
A PREVIOUSLY-APPROVED 32-UNIT ATTACHED RESIDENTIAL CONDOMINIUM SUBDIVISON.
1126 North Euclid Street looz
ATTACHMENT - tTEM tJO, 1-A
ME1140RANDUM
CITY OF ANAHEIM
Code Enforcement Division
DATE: SEPTEMBER 4, 2003
TO: AMY V AZQUEZ, AS;5~0CIATE PLA~fiTER
FROM: DAVID T. GENSLER~CODE ENFORCEMENT OFFICER
SUBJECT: COiv'DITIONAL USE PERMIT INSPECTION OF 1126 N. EUCLID STREET,
C.U.P. NUMBER 2002-04»4.
On Thursday, September 4, 2003, I conducted an inspection of the property located at 1126 N.
Euclid Street, C.U.P. 2002-0454. I observed no condition or code violations during this
inspection.
A reo~iew of Code Enforcement records indicated that there has not been any recent Code
Enforcement actions on this property, the last time Code Enforcement has been out to this
location ryas in April of 2002, for trash, graffiti, and weeds, that was abated.
At this time, I have no current or open cases on this property.
If you have any further questions or need further assistance, please feel free to call me at
extension N44~3.
Thank You.
c. AI9rv1y
bII SCDG:DOC
ATTACHMENT - ITEM N0. t-A
RESOLUTION NO. 2002R-210
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 2002-
04554, IN PART.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
with a waiver of certain provisions of the Anaheim Municipal Code
to permit to construct a 32-unit attached residential condominium
subdivision in the RM-2400 (Residential, Multiple-Family) Zone
upon certain real property located within the City of Anaheim,
County of Orange, State of California, legally described as:
PARCEL 2 AS SHOWN ON A MAP FILED IN BOOK 112,
PAGE 2 OF PARCEL MAPS IN THE OFFICE OF THE
COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA;
and
WHEREAS, the City Planning Commission did hold a public
hearing upon said application at the City Hall in the City of
Anaheim, notices of which public hearing were duly given as
required by law and the provisions of Title 18, Chapter 18.03 of
the Anaheim Municipal Code; and
WHEREAS, said Commission, after due inspection,
investigation and studies made by itself and in its behalf and
after due consideration of all evidence and reports offered at
said hearing, did adopt its Resolution No. PC2002-119 granting,
in part, Conditional Use Permit No. 2002-04554; and
WHEREAS, thereafter, within the time prescribed by law,
an interested party or the City Council, on its own motion,
caused the review of said Planning Commission action at a duly
noticed public hearing; and
- WHEREAS, at the time and place fixed for said public
hearing, the City Council did duly hold and conduct such hearing
and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports; and
WHEREAS, the City Council finds, after careful
consideration of the recommendations of the City Planning
Commission and all evidence and reports offered at said hearing,
that:
1. The proposed use is properly one for which a
conditional use permit is authorized by the Anaheim Municipal
Code.
2. 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.
3. The size and shape of the site proposed for the use is
adequate to allow the full development of the proposed use in a
manner not detrimental to the particular area nor to the peace,
health, safety and general welfare. '
4. 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.
5. The granting of the 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.
AND WHEREAS, the City Council does further find, after
careful consideration of the action of the City Planning
Commission and all evidence and reports offered at said public
hearing before the City Council regarding said requested
waiver(s), that all of the conditions set forth in Section
18.03.040 of the Anaheim Municipal Code are present and that said
waiver(s) should be granted, for the following reasons:
1. That there are special circumstances .applicable to the
property, including size, shape, topography, location or
surroundings, which do not apply to other property under
identical zoning classification in the vicinity.
2. That, because of special circumstances shown in (1)
above, strict application of t'he zoning code deprives the
property of privileges enjoyed by other property under identical
zoning classification in the vicinity.::.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that, for the reasons hereinabove stated,
Conditional Use Permit No. 2002-04554 be, and the same is hereby,
granted 'permitting to construct a 32-unit attached residential
condominium subdivision in the RM-2400 (Residential.,
Multiple-Family) Zone on the hereinabove described real property
with a waiver of the following provisions of the Anaheim
Municipal Code:
Sections 17.08.036
17.08.390
and 17.08.650
- Required improvements of private
streets.
(Sidewalks required
of private streets;
sidewalks proposed
private street)
on both sides
no continuous
on the
- 2 -
Sections 18.04.043.100.101(a)-Maximum fence height.
18.32.063.010.011 (3-foot high fence permitted in and..,..,....
18.32.064.070 minimum 20-foot building
setback adjacent to an arterial
highway; 5-foot high fence (3-foot
decorative block or stucco wall
topped by a 2-foot decorative.
wrought iron fence) approved with
an 6-to 20-foot setback from Euclid
Street)
Section 16.32.065.020 - Minimum width of pedestrian
access-ways.
(8-foot wide access-ways required;
4-foot wide sidewalks approved)
subject to the following conditions:
1. That the developer shall plant minimum twenty four (24) inch
box sized Tipu street trees on maximum thirty (30) foot centers
in the parkway or in tree wells (minimum fifty two (52) inches
square, each) in the public right-of-way along Euclid Street.
Said information shall be specifically shown on plans submitted
to the Community Services Department for review and approval..
2. That decorative bollards or other effective decorative.
barriers acceptable to the Zoning Division and the Community.
Services Division of the Police Department, shall be constructed
along the perimeter of the common recreation areas. Said
information shall be specifically shown on the plans submitted
for building permits.
3. That plans shall be submitted to the City Traffic and
Transportation Manager for review and approval specifying how the
vehicle security gates and vehicle turn?around area will
function. Said information shall be specifically shown on the
plans submitted for building permits.
4. That the property owner/developer shall install street
lights on Euclid Street as required by the Electrical Engineering
Division. A bond for installation of the street lights shall be
posted with the City of Anaheim prior to issuance of building
permits; and the street lights shall be installed prior to
occupancy of the first dwelling unit.
5. That the location(s) for future above-ground utility
device(s) including, but not limited to, electrical transformers,
water backflaw devices, gas, communications and cable devices,
etc., shall be shown on the plans submitted for building permits.
Said plans shall also identify the specific screening treatment
of each device (i.e., landscape screening, color of walls,
- 3 -
materials, identifiers, access points, etc.); and the plans.,...
shall be subject to review and approval by the appropriate City
departments.
6. That all backflow equipment shall be located above ground
and outside the street setback area in a manner fully screened
from all public streets. Any backflow assemblies currently
installed in vaults shall be 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 the street setback area in a manner
fully screened from all public streets and alleys. Said
information shall be specifically shown on plans which are
submitted to the Water Engineering and Cross Connection Control
Inspector for review and approval prior to submittal of building
permits.
7. That because this project has landscaping areas exceeding
two thousand five hundred (2,500) square feet, a separate
irrigation meter :shall be installed in compliance with Chapter
10.19 "Landscape Water Efficiency" of the Anaheim Municipal Code
and Ordinance No. 5349. Said information shall be specifically
shown on plans submitted for building permits.
8. 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 information shall be
specifically shown on the plans submitted for building permits
(which plans will be reviewed and approved by the Planning
Department and the Streets and Sanitation Division).
9. 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.
10. That an on-site trash truck turn-around area shall be
provided in compliance 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
the plans submitted for building permits.
11. That roll-up garage doors shall be shown on the plans
submitted for building permits. Said doors shall be installed
and maintained as shown on the approved plans.
12. That all air conditioning facilities and other
ground-mounted equipment shall be properly shielded from view and
the sound buffered from adjacent residential properties. Said
information shall be specifically shown on the plans submitted
for building permits.
- 4 -
13. That all plumbing and other similar pipes and fixtures
located on the exterior of any building shall be fully screened
by architectural devices and/or appropriate building materials.
Said information shall be specifically shown on the plans
submitted for building permits.
14. That the property shall be permanently maintained in an
orderly fashion through the provision of regular landscaping
maintenance, removal of trash or debris, and removal of graffiti
within twenty four (24) hours from time of occurrence.
15. That clothes washer and dryer hookups shall be incorporated
into each condominium dwelling unit; and that such hookups shall
be specifically shown on the plans submitted for building
permits.
16. That final landscaping and irrigation plans for subject
property shall be submitted to the Zoning Division for review and
approval. Said landscaping plans shall show that a minimum of
fourteen (14), thirty six (36) inch box sized trees, shrubs,
groundcover and vines shall be planted in 'layers' adjacent to
the screen wall facing Euclid Street. Any decision made by the
Zoning Division regarding said landscaping plan may be appealed
to the Planning Commission and/or City Council. All trees and
other plants shall be properly and professionally maintained by
the Homeowner's Association to ensure mature, healthy growth. (A
Homeowner's Association is required in connection with the final
map for Tract No. 16371, which was processed concurrently with.
this conditional use permit.)
17. That final building plans, exterior elevation plans, and a
colors and materials board for subject project shall be submitted
to the Zoning Division for review and approval. Any decision
made by the Zoning Division regarding said Mans may be appealed
to the Planning Commission and/or City Council.
18. That this conditional use permit is granted subject to
adoption of a zoning ordinance in connection with
Reclassification No. 2001-00075 and recordation of a final map in
connection with Tentative Tract Map No. 16371.
19. (a) That any required relocation of City electrical
facilities shall be at the developer's expense.
(b) That landscaping and/or hardscape screening of all
pad-mounted equipment shall be required and shall be shown on the
plans submitted for building permits.
20. That prior to application for water meters or a fire line,
or prior to submitting the water improvement plans for approval,
- 5 -
the developer/owner shall submit 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.
This information will be used to determine the adequacy of the
existing water system to provide the estimated water demands.
Any off-site water system improvements required to serve the
project shall comply with Rule No. 15A.6 of the Water Utility
Rates, Rules and Regulations.
21. That prior to rendering water service, the developer/owner
shall submit a set of improvement plans for Public Utilities
Water Engineering Division review and approval to determine the
conditions necessary for providing water service to the project.
22. That prior to final building and zoning inspections, the
developer shall construct a five (5) foot wide sidewalk adjacent
to the right-of-way line-along Euclid Street, in conformance to
Public Works Standard Detail No. 110-E; and that landscaping and
irrigation facilities, as approved by the Parks Division of the
Community Services Department, shall be installed between the
sidewalk and the curb. Prior to issuance of a building permit,
said information shall be specifically shown on plans submitted
for Public Works Department, Development Services Division,
approval.
23. 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 cost to upgrade or
to abandon any water service or fire line.
24. 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 and 601/602 pertaining to parking standards and
driveway locations. Subject property shall thereupon be
developed and maintained in conformance with the approved plans.
25. That the driveway on Euclid Street shall be a maximum thirty
(30) feet wide, and shall be constructed with ten (10) foot
radius curb returns as required by the City Engineer in
conformance with Engineering Standard No. 137. Said information
shall be specifically shown on the plans submitted for building
permits.
26. That no required parking area shall be fenced or otherwise
enclosed for outdoor storage uses.
27. Proposed Condition No. 27 was intentionally deleted at the
- 6 -
Planning Commission public hearing (and added to the Tentative
Tract Map No. 16371). °''
28. Proposed Condition No. 28 was intentionally deleted at the
Planning Commission public hearing (and added to the Tentative
Tract Map No. 16371).
29. That all residential condominium units shall be assigned
street addresses approved by the Building Division.
30. That the property owner shall submit a letter to the Zoning
Division requesting termination of Variance Nos. 153 (to
construct an addition to a building) and 1118 (to expand an
industrial laundry and linen supply).
31. 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 Revision No. 1 of Exhibit Nos. 1
through 8 (dated August 6, 2002), and as conditioned herein.
32. That prior to issuance of a building permit or within a
period of one (1) year from the date of this resolution,
whichever occurs first, Condition Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9,
10, 11, 12, 13, 15, 16, 17, 18, 19(b), 22, 23, 24, 25, 29 and 30,
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.
33. That prior to final building and zoning inspections,
Condition Nos. 4, 22 and 31, above-mentioned, shall be complied
with.
34. 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.
BE IT FURTHER RESOLVED that the City Council 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
conditions, 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 is approved and adopted by the
- 7 -
City Council of the City of Anaheim this 24th day of September,
2oa2.
~A ~~
MAYOR OF TAE CITY OF PNAHEIM
Pro Tem
ATTES~~ J<y`C~~t
c~!/L-
ITY CL K O THE CITY OF ANAHEIM
46677.1
$ _
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, Ciry Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 2002R-210 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 24th day of September, 2002, by the following vote of the
members thereof:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS• None
l~~t_d_c_~.//t,r
ITY CLER OF THE CITY OF ANAHEIM
(SEAL)
MEMORANDUM
City of Anaheim
Planning DeparUnent
DATE: September 24, 2002
TO: City Manager/City Council
FROM: Joel Fick, Executive Director, Planning and Community Development
SUBJECT: Item C4 -Proposed Condominium Development at 1126 North Euclid Street
(Reclassification No. 2002-00075, Conditional Use Permit No. 2002-04554 and
Tentative Tract Map No. 16371) -For Your Information
Backeround:
On August 12, 2002, the Planning Commission approved a 32-unit residential attached
condominium project at 1126 North Euclid Street. City staff worked cooperatively with the
developer to achieve a high quality architectural design. In order to not visually fortress the project
from Euclid Street, staff originally recommended approval of a 3-foot high wall within the
landscape setback azea. The developer had initially proposed a 6-foot high screen wall
(combination concrete block and plexi-glass) with a setback of 8 to 20 feet from Euclid Street.
On August 20, 2002, City Council set this item for public hearing and requested .staff to review the
fencing plans along Euclid Street to determine the feasibility of increasing the fence height above
three feet to provide privacy for the proposed condominiums. The developer is now proposing a
3-foot high wall with a stucco finish and a 2-foot high wrought iron element to secure the patio and
unit entry areas of the residences facing Euclid Street.
Discussion:
Staff has met with the developer and the City's consulting azchitect to come up with an acceptable
design solution. The attached letter from the architect recommends a wall to secure and define the
private patio space, develop an entry identity, and establish a separation between the private yards
and Euclid Street. The azchitect further indicates that a higher fence is appropriate, since the 3-foot
masonry wall would create a degree of privacy, while the wrought iron railing would allow for
decorative enhancement and permit limited surveillance into the patio area. Staff is supportive of
the revised higher wall in the landscape setback area provided that the final fencing plans are
reviewed and approved by City staff to ensure a high quality design complementary to the
architecture of the project. The applicant concurs with staff's recommendation.
Conclusion and Recommendation:
That the City Council approve the project subject to the conditions of approval imposed by the
Planning Commission and additionally approve the waiver pertaining to maximum fence height, to
allow a 5 foot high fence (as described) within the front yard setback adjacent to Euclid Street.
Attachment
ZM6566Ka.DOC
C4
RCL 99.00-15
(Res. of InL to S'.
RCL 93-84-19
~ RCL 70-71-26
ML
RCL 99-00-15
(Res. of Int. to SE)
66-67-14
59-60-23
T-CUP 2002-04578
T-CUP 2001-04446
CUP 2001-04441
CUP 1424
CUP 1301
VAR 3791
V-1779 S
VAGANT BUILDING
69-70-34
r~~
9°' •~~~
OV ~ E~ P
P~ze~e~oryy9S //~~
fie-67-14
59-60-23
O VAR 3390
VAR 2152
METROPLE
{ FFICE COMF
~^b Off- c~``
,y ~~~
PJ~~J~ \\
o,
CO
RCL 99-00-15
(Res. of Int. to SE)
RCL 90-91-11
RCL 82-63-33
66-67-14
59-fi0-23
CUP 3369
CUP 2433
CUP 2257
STADIUM TOWER
~ PLAZA
' ~,P
~~
~~
RCL 99-00-15
(Res. oflnt. to SE)
66-67-14
59-fib-61
(Res. 56-57 93o MH)
RCL 56-57-93
UP 2400
CUP 750
ED SON FIELD
Conditional Use Permit No. 3369
TRACKING NO. CUP2003-04774
Requested By: EQUITY OFFICE MANAGEMENT
~ CL
RCL 99-00-15
(Res. of Inf. to SE)
RCL 87-68-26
RCL 63-84-24
/ GUP 3369
CUP 3165
CUP 2651
RAI L STATION
O
Z
Um'
- m
REST
CUP 3369
CUP 3326
CUP 3165
CUP 2651
VAR 3606
OFF. BLDG.
CO
RCL 99-00-15
(Res. of Inl. to SE)
RCL 90-91-11
RCL 83-84-24
f-CUP 2003-0477
CUP 3369
CUP 3326
CUP 2651
VAR 3606
OFFICE BLDG.
Subject Property
Date: October 6, 2002
Scale: 1" = 200'
Q.S. No. 117
REQUEST FOR DETERMINATION OF SUBSTANTIAL CONFORMANCE TO CONSTRUCT
B ARTISTIC RENDERING INFORMATIONAL SIGNS FOR AN EXISTING OFICE COMPLEX.
2400 East Katella Avenue -Stadium Towers Office Building 96y
GU 1 \
RCL 99-00-15
(Res. of Int. to SE)
RCL 90-91-11
ATTA'CN~tENT - 'ITEr'f''~!0':`''1'-B
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMHZSSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 3369 BE GRANTED
WHEREAS, the Anaheim City Planning Co~isaion did rec®iv® a
verified Petition for Conditional Use Permit for certain r®al property
aituated in the Clty of Anaheim, County of Orang®, State of California,
described as:
PARCEL 1, AS SHOWN ON THAT CERTAIN "LOT LINE
ADJUSTMENT PLAT NO. 139 RECORDED NOVEMBER 1, 1985 AS
INSTRUMENT NO. 86-423458 OF OFFICIAL RECORDS OF ORANGS
COUNTY, CALIFORNIA.
ALL THAT CERTAIN LAND SITUATED ZN THE STATE OF
CALIFORNIA, COUNTY OF ORANGE, CITY OF ANAHEIH,
DESCRIBED AS FOLLOWS:
PARCEL A: PARCELS 1, 2 AND 3 AS SHOWN ON A NAP FILED
IN BOOR 220, PAGES 42 AND 43 OF PARCEL RAPS, RE^•^`_'.:rS
OF ORANGE COUNTY, CALIFORNIA.
PARCEL Bt PARCEL 3, AS SHOWN ON A MRP FILED ZN BOOK
196, PAGES 8 AND 9 OF PARCEL MAPS IN THS OFFICS OF THE
COUNTY RECORDED OF ORANGE COUNTI', CALIFORNIA.
WHEREAS, the City Planning Commission did hold a public hearing
at the Civic Center in the City of Anaheim on December 3, 1990, 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 esid proposed conditional use
permit and to investigate and make findings and recommendations in connection
therewith) and that said public hearing was continued to the December 17, 1990
Planning Commission meeting] 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, dose find and determine the
following facts:
CR1066jj -1- PC90-281
1. That thm proposed umm Sa propmrly onm for which a __
conditional umm permit is authorized by Anaheim Municipal Codm Smctionm
18.03.030.010 and 18.05.063 to permit two frmmmtanding monummnt signor.
2. That thm proposed umm will not advsramly affmct thm
adjoining land sores and thm growth and devmlopment oP thm arms in which it im
proposed to bm located.
3. That the size and shape of the site proposed for thm see ie
adequatm to allow the full development of the proposed use in a mannmr not
detrimental to the particular area nor to the peacm, health, safety and
general welfare of the Citizens of the City of Anaheim.
4. 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.
5. Tliat 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.
6. That no one indicated their presence at said public hearing
in opposition] and that no correspondence was received in opposition to the
subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director
or hie authorized representative has determined that the proposed project
falls within the definition of Categorical Exemptions, Class 11, se defined in
the State EIR Guidelines and is, therefore, categorically exempt from the
requirement to prepare an EIR.
NOM, THEREFORE, BEIT RESOLVED that the Anaheim City Planning
Commission does hereby grant subject Petition for Conditional Uee 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. a That plane submitted for building permits shall show conformance with
Engineering Standard Plan No. 137 pertaining to eight distance visibility
2. * That thim Conditional Uee Permit is granted subject to the adoption of a
zoning ordinance in connection with Reclassification No¢. 87-88-26 and
90-91-11, now pending.
3. That subject property shall be developed substantially in accordance with
planm and mpecificatione submitted to the City of Anaheim by the
petitioner and which plane are on file with the Planning Department marked
Exhibit Noe. 1 and 2.
4. That prior to issuance of a building permit or within a period of one (1)
ymar from thm date of this resolution, whichever occurs first, Condition
Nos. 1 and 2, above-mentioned, shall be complied with. Sxtensionm for
further time to complete said conditions may be granted in accordance with
Section 18.03.090 of the Anaheim Municipal Code.
-2- PC90-281
b. That prior to final building and zoning inmpections, Condition No.-3,
abov®-mentioned, mha11 b® complied with.
6. ~ That approval of this application constitutem approval oP the proposed
requmat only to the extent that it canpliem with thm Anaheim Municipal
Zoning c~:de and any other applicable City, State and Fedmral regulations.
Approval doom not include any action or findingo ae to compliancm or
approval of the request regarding any other applicable ordinanc®,
regulation or requiremAnt. Conditions marked with an asterimk (") are
required by emtabliehed laws, codem, regulations and agreementm and are,
therefore, not subject to negotiation.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission
dose hereby find and determine that adoption of this Resolution is expressly
predicated upon applicant's compliance with each and all of the conditions
h~reinabove 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 December 17, 1990.
(Crig'.al ai~ncd t•y Phyllis R, Boydstun!
CHAIRWOMAN, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
I~;ibi,~ai ;;:,~~ i;, cdith L. Harris)
SECRETARY, ANAHE ZH CITY PLANLII tIG COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGS ) ea.
CITY OF ANAHEIM )
I, Edith L. Harris, Secretary of the Anaheim City Planning
Commission, do hereby certify that the foregoing resolution was passed and
adopted at a meeting of the :.naheim city Planning Commission held on December
17, 1990, by the following vote of the members thereof:
AYES: COHHISSIONEASs BOUA3, BOYDSTUN, HELLYER, HENNINGER, HESSE, PERAZA
NOES: COMMISSIONERS: NONE
ABSENTS COHIiISSIONEAS: FELDHAUS
IN WITNESS WHBREOF, I have hereunto set my hand thim day
of _ , 1990.
(Ori~'~:ai ;i~~~d h~r Edith L. Harrisl
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-3- PC90-281
ITEH N0. 1-C
p s r RM-1200 RM-1200 Rk,-~2~H1pN
~ ~C > > 7 1DU VARAR 3]55445 ANPSGNapI
fii `~¢ ~ ~ ~ APARTMENT
Q ¢s v ~. ~ 10 GU
Z _ P 0..... ~,m9
~ RCL b5EGpe. J 1011 SMALL SHOPS CGw '~ CnGI O-\o
to S S I cuP Ro ~ SMALL C P 3 12 20j4 ., =A~" T Z<m
~ SHOPS C RWpSH..' O?\ ~ `•
~CU ~J]095
LINCOLN AVENUE
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~ P ssoR
RE AI NpPy ' .-r - ~~ 1 . ~ ~!_R 5~~~~ O))>~~ \ p \ N. CG ..,.~.
Reclassification No. 20D3-00112
Requested By: CITY OF ANAHEIM
Scale: Graphic
O.S. No. 63
REQUEST FOR PLANNING COMMISSION INITIATION OF RECLASSIFICATION PROCEEDINGS
FOR PROPERTIES WITHIN THE "5 POINTS NEIGHBORHOOD" FROM THE CG (COMMERCIAL,
GENERAL), PD-C (PARKING DISTRICT-COMMERCIAL), RM-1200, AND RM-2400 {RESIDENTIAL,
MULTIPLE-FAMILY) ZONES TO THE RS-7200 (RESIDENTIAL, SINGLE-FAMILY) ZONE OR A
LESS INTENSE ZONE.
Properties are located within the "5 Points Neighborhood" as identified in tike staff report
J
9B8
FPY~i~
Subject Property
Date: October 6. 2003
Attachment No. t
Item ~Jo. 7 -C
Dear Planning Department,
September 1Q,2003
The Anaheim Colony Neighborhood council requests that the Planning Department
immediately consider down zoning the 5 Points Neighborhood from multi-family to single
family zoning. The boundaries of the 5 Points neighborhood would be the 5 freeway,
Broadway, Lincoln and West Streets. Please see map below. If you have any questions
regarding this matter or need any assistance please contact Meghan Shigo 714-273-1381.
Thanl: you for your cooperation, "`~,
Mitchell Caldwell `~' PLP.:"~:NG
Chair Anaheim Colony Neighborhood Council ~ DEPAn^TfdiENT
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ITEM tJO. 2
RS-A-43,000 \
RCL 73-74-52
CUP 2003-04746
VAR 4405 \
(VAR 2602)
VACANT
,~
O
C~
O
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W PASEO DE
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ALL PROPERTIES ARE IN THE (SC) (SCENIC CORRIDOR OVERLAY) ZONE Q~
A
D'
Conditional Use Permit No. 2003-04746 (READVERTISED) Subject Property
Date: September 8, 2003
Scale: 1"'= 200'
Requested By: DR. STEVEN DUNBAR Q.S. No. 170
REQUEST TO CONSTRUCT A VETERINARY HOSPITAL AND ANIMAL BOARDING FACILITY
WITH WAIVERS OF: (A) MAXIMUM FENCE HEIGHT
(B) SIGNS PERMITTED IN RESIDENTIAL ZONES
{C) MAXIMUM STRUCTURAL HEIGHT
(D) MINIMUM FRONT YARD SETBACK
(E) MINIMUM SIDE YARD SETBACK
5055 East Short Street as4(2oo3-s-2s)
Staff Report to the
Planning Gdmmissiori
'October 6;2003
Item No. 2
2a. CEQANEGATIVEDECLARATION (Motion)
2b. ' WAIVER OF CODEiREQUIREMENT (Motion)
2c. CONDITIONAC'USEPERMlT NO. 2003-04746 (Resolution)
SITE LOCATION AND DESCRIPTION:
(1) This irregularly-shaped 0.46-acre property is located at the northwest corner of Kellogg
!Drive and Short Street with frontages of BO feet on the west side of Kelldgg Drive, 224 feet
on the north side of Short Street, and 340 feet on south side of the off ramp of the Richard
Nixon Freeway (5055 East Short Street). ;!
REQUEST:
(2) The petitioner requests approval of a conditional use permit under authority of Code'
Section 113'.21.050.030 to construct a veterinary hospital and animal boarding facility with
waiver of the following:
(a) SECTION NO. 18:04.043.101(a) Maximum fence height
(3=foot high permitted within the required
front yard setback; 6-foot high proposed)
(b) SECTION NO. 18:05.080.030 Signs permittead in residential zones
(One 20 s.f'itlentification sign peF"street
frontage with a max. heidht of 4 feet for
monumentisidns and no closecthah 7 feet
td`the oubfic r-o-w permitted: 41 s:f. wall
sign, and 20's.f. 4-fddf high garden wall
sidri proposed)
(c) SECTION NO. 18.21.062.010 Maximum structural height.
(DELETED)
(d) SECTION NO. 18.21.063.010 Minimum front yard setback
(25 feet required; 7_5 feet to 16 feet
proposed)
(e) SECTION N0. 18.21.063.020 Minimum side yard setback.
(10 feet required; 0 feet proposed at north
property line) t
BACKGROUND:
(3) This item was continued from the September 8, 2003, Planning Commission
'meeting, to allow the petitioner time to address the concerns expressed to the
LPlanningCommissfon atthatipublic hearing.
(4) This property is vacant and is zoned RS-A-43,000 (Residential/Agricultural). The Ahaheim
General Plan Land Use Element Map designates this propertyfor Low-Medium Density
<tesidential land uses:
Sr504Tr
.Page 1
Staff Report td the
Planning Commission
October 6, 2003
Item No. 2
(5) Surrounding General Plan land use designations are as follows:
Direction General PIan;Desi nation
North and!East Cit'of Yorba Linda
Sbuth and West Low-MediumlDensit Residential
PREVIOUS ZONING'ACTIONS
(6) Variance No. 2000-04405 (to waive`permitted encroachment into required yard and
required street. improvements) to construct a six foot high block wall was approved by the
Planning Commission do August 28, 2000. This variance was never exercised and should
be terminated;)
PROPOSAL:
(7) Petitioner proposes to construct a 9,534 square foot building to house a newstate-of-the-
art veterinaryhospital and animal boarding facility on a vacant lot.
,~' ~ w~ 111
I~ 'f ;~ Y t I r Y'+ r~~ Yy'
..1. 44.'i ('~ 1 a4 ( ~ • .3~~
+~ 4~~~ ~~gj~ n
View of property from Kellogg,Drive
(8) The site plan (Exhibit No. 1) :for the proposed project indicates the following characteristics:'
Direction ! Proposed Code-required Proposed Required
Building/Structural Building Landscape Areas :Landscape
Setback** Setback Areas
North (adjacent Varies from'0 feet 10 feet Varies from;3 feet None
tc Richard- (to trash enclosure) to 10 feet
Nixon Freeway) to 16.5 feet
East (adjacent .Varies from>7.5 feet 25 feet Varies from 0 feet None
` o Kellogg i; to 22 feet ! to 9 feet
:'Drive
Page 2
Staff Report to the
Planning Commission
October 6, 2003
Item Na: 2
South Varies from 13 feet- 10 feet Varies from 15 'None
(adjacent to to 16 feet feet to`38 feet
Short Street
.West: (abutting `Varies from 138 feet. 25 feet Varies from 0 feet. . None
single family to 192 feet to 2t feet
resideritiap
"`Asmeasured'from adjusted ulttmate'~ight-of-way:
(9) The site plan (Revision Nd. 1 of Exhibit No. 1) indicates a new two-story, 9,534 square foot
veterinary hospital building located on the easterly portion of the property. There would be lwo
animal play (exercise) yards alongthe north property line adjacent to the freeway off-ramp, and
two'customer waiting patio areas, one along the east property line'(adjacentto Kelloggprive)
and'bne along the soutfrproperty line (adjacent to ShortStreet). The site plan shows a'
decorative pavement treatment at the entrance of the parking area, the proposed location of
the trash enclosure adjacent to the northerly property line, and several combination block walls
with wrought iron fencing proposed around the new building for the'construction of pedestrian
pathways and`patio areas. The site, plan further indicates the existing and proposed right-of-
waylines along Kellogg' Drive and Short Street. The site plan at the east portion of the
property (adjacent to Kellogg Drive) has been revised to reflect the relocation of the
proposed retaining wall and the removal of the double-faced monument sign along
Kellogg Drive.
(10) A 25-foot wide driveway from Short Street would provide vehicular access to the property.
Plans indicate 24 on-site parking spaces. Code does pot specify a minimum number of
required parking spacessfor veterinary hospitals. The submitted parking study indicates a
demand of 18' paces at peak use. --.The petitioner has provided a total of 24 on-site parking
spaces as indicated in the parkingstudy and "as recommended bythe City Traffic and
Transportation Manager.'
(11) The floor plans (Exhibit Nos. 2 and'3) for the proposed building indicate that the first floor would
contain a lobby and reception area comfort room, restrdoms, four exam rooms, and a surgical
treatment area with scrub and pack and radiology areas: The first floor would also contain an
isolation and necropsy area, three'animal wards, food preparation and janitorial rooms; and
doctor's office: The second floor would contain 18 luxury animal suites, two catteries and dog
daycare, a night attendant post, break room, restroom,'and grooming center with associated
storage.
x(12) Elevation plans and a materials board (Exhibit Nos. 4, Sand 6) indicate a new contemporary
ranch style building 30 feet 10 inches high (code permits a maximum building heightof30 feet
sd the applicant has agreed to reduce the building height to 30 feet). The building would
incorporate the use of gable and dormer roof elements with an asphalt shingle roof designed to
mimic wood shingles consistent with ranch style design'(Owens Corning Oakridge Pro 50 Deep
Shadow Asphalt Shingles - Browriwood Weathergard HP). Every: building elevation would
incorporate the use of ledgestone t~eatment'(EI Doradd Stone Wainscot Veneer IdahoDrystack
Custom Blend with variegated Tan and Grey mix) and solid core horizontal shiplap siding (Behr -'
Color Canyon' View #ECC-20-1 P). The north elevation', (facing the freeway) would contain an
exterior stairway, rear entrance/exit doorways, mechanical screening, and associated signage.
The west elevation (facing single family residential and the parking area) would contain'the
main entrance to the facility as well' as one utility entrancelexit. Both the south and east
elevations (facing Short!Street and Kellogg Drive respectively) would containnot only the
dormer and gable roof elements, but would also architecturally incorporate decorative metal
accent awnings (Behr Color Obsidian Stone#ECC-253D), and associated accent window trim
antl fascia to match the'color palette of the building. At the northeast cornerbf the building, the
Page 3
Staff Report to the
Planning Commission
October 6,'2003
Item No. 2
structure includes a curved tiarrel treatment, which consistsof a smooth plaster finish (Behr
Color Canyon View # ECC=20-1 P).
(13) ' The conceptual landscape plan (Exhibit No. 7) indicates proposed front yard settiack
landscaping consisting of four small columnar trees, two small flowering trees, and associated
shrubbery and groundcovec' The side yard landscaping along Short Street includes eightsmall
columnar trees, nine multi-trunk trees, one flowering tree, and associated shrubbery and
groundcover. Parking lot landscaping includes three landscape fingers and perimeter parking
lot landscaping containing ten accent gees with associatedshrubberyiand groundcover.
Screening shrubs`are proposed along the front of he trash enclosure facing theiparking lot'
area inJcompliaride with Code. Two additional landscaped areas are proposed;(one adjacent
to the'driveway entrance and one adjacent to the: west side of the building) containing five gees
(four small columnar trees and one multi-trunk tree) and associated shrubbery and
groundcover. Code requires. a minimum of one (1) tree per. every twenty (20) feet of street
frontage to be planted in the1andscape area adjacent to the!street frontage (4 trees on Kellogg
Drive and 11 trees on Short Street), as well as ati least one (1) tree per three thousand (3;000)
square;feet of parking area and/or vehicular accessways distributed throughout. the parking
area (20,678/ 3000 square'feet = 7 trees). A planter area of forty-eight (48) square feet per
tree is required, with a minimum planter' dimension of five,(5) feet separating every ten parking
spaces:.
(14) ! The elevation plans (Exhibit No. 4) and cross-section plan (Exhibit No. 8) indicate one
wall sign to be located oRthe north'elevation'bf the building facing the freeway, and'one
commercial identification sign to be ocated on the curved portion of a new retaining
wall facing Kellogg Drive (east elevation) (theipetitioner has revised the sign plan by!
deleting the proposed 50 square foot double-sided monument sign). The wall sign
wouldiconsist of internally-illuminated channel lettering and would be approximately 41
square feet in size. The proposed commercial identification sigdfacing Kellogg Drive
would consist of 10-inch raised letters (Times New Roman), would be approximately20
square feet in size, and illuminated,by external accenf lighting within the adjacent
planterarea. The Code permits one lighted or unlighted sign of a maximum of twenty square
feet in area, identifying any on-site uses permitted in the zone in which. the property is located.
When frontage on more than one street exists, one such sign may bepermrtted on each
additional street frontage (two signs allowed for this facility):, Such signage maybe placed on
the building below the roof level or, if freestanding, shall be monument type not exceeding four
feet in height as measuredfrom the ground uport which the. sign is constructed, and not closer
than seven feet to any public right-of-way. The maximum number of signs per street frontage
may be increased o two, provided such signs are incorporated into entry monument walls i
placed bn either side of a main driveway entrance.
(15): The cross-section details and grading plan (Exhibit Nos. 8 and 9) demonstrate the
relationship between the proposedacation of the animal hospital and associated
parking area to Short Street and Kellogg Drive. The plan depicts the cross-section
details of the parking area' as it relates to Short Street, the animal hospital building as it
relates,to Kellogg Drive atawo points, and the animal hospital building as it relates to
Short Street. These cross=section details and the grading plan indicate that the new
building pad elevation would be 1-2 feet above the current grade of the property, and
approximately 4 feet above grade of both Short Street and Kellogg Drive. The grading
plan demonstrates the property would be generally flat'upon completion. The portion of
the site containing the building would be above street grade (4 feet), however, the ``
portion of the site containing the parking area would be approximately 9 feet below
street grade (Short Street`inclines traveling westerly adjacent to the property). The `'
grading plan and cross-section further indicate a large landscaped berm between the
Page 4
'Staff Report to the
Planning'Commission
(October ti; 2003
Item No. 2
parking area and Short Street. Although not indicated on the proposed' plan, the ;
Commission may wish to note that to the west of the project site, the properties are
generally above grade,'and to the south of the project site across ShortStreet, the
properties are generally below grade.
(16) The;photometric plan (Exhibit No: 10) indicates the lighting design would consisfof 12-
foof high light standards within the parking area, as'well as bollard lighting at the:
driveway entrance on Short Street. The plan indicates the resultant foot-candle ratio
throughout the parking area and'along the perimeter of the parking area, the uniYused
to measurethe amount of light that reaches a surtace. Foot-candles equal lumens
divided by the area illuminated in square feet. One foot-candle is equal'to one unit of
light flux (one lumen) distributed evenly over aone-square-foot surface%area. The
photometric distribution indicates a range of 0-0.59 foot-candles of illumination along
thesoutherly;propertyline on the north side of Short Street and 0.13 -1.33 foot-candles
of illumination along the west side of the parking area. The Code requires the lighting of
parking areas. adjoining residential premises be so arranged and directed as to reflect
the light away from adjoining residential premises and shall not exceed'a height of
twelve (12) feet. The submittedlghting design complies withahe Code`and the resultant
foot-candle tllumination is consistent withi industry tandard(1.0-2.0 foot-candles at the
property line) to ensure no overflow or glare to adjacent properties.
(17) The revised submitted letter of operation indicates the facility would operate as a full service
veterinary medical center offering medical, surgical, dental, preventative metlicine, and
diagnostics for small mammals, birds, reptiles; and amphibians. The petitioner has indicated
no equine or bovine animals would be treatedat this facility. The flours of operation for he
facility would be 7 a.m. to 9 p.m. Monday through Friday, and S:OO a.m. to 5:00 p.m. Saturday
and'Sunday.';Doctors would only be availableifor scheduled appointments 8iO0 a.m. to'S:00
p.m: Monday through Friday and 10:00 a.m, to 2:00 p.m on Saturdays. No appointments
would be scheduled on Sunday. The facility would also offer animal boarding services
and:. grooming services, as well as accessory retail sales of medical/health products for
customers. The petitioner also indicates that effective sound control mitigation
techniques would be incorporated into the construction of the building (sound
attenuating vestibules sound rated walls,''proper insulation, and mechanical baffles) in
order to reduce the impact of potential noise sources on surrounding neighborhoods.
An example of this mitigation application,is the incorporation of a perforated acoustic
ceiling the with a appropriate NRC (noise reduction coefficient) and ceiling insul=quilt
sound absorbant material in therwards and suites to providea high degree of sound
absorption and resonance control. The petitioner further indicates that exterior upper
floor glazing at the ward areas will be dual<glazed to help mitigate potential noise. The
interior floor design would also incorporate sound transmission vestibules to prevent
incidental noise escaping to the outside environment. These ound vestibules would
work similar o that of'a "mud" room. However, instead of trapping conditioned'air, they
serve to contain potential noise7eaving the wards or runs by utilizing two self-closing
doors leading to and from each ward and/or suite. 'All dog ward and run areas would be
located within the building. There would be two outdoor play areas at the north portion
of the property, abutting the freeway off-ramp, to exercise a few animals at a time.
Animals would be supervised by an attendant at all: kimes. The air handling systems would s
be'constructed to not only reduce noise but the emission of odor to the outdoors. Additionally,
all animal waste would be deposited into specifically designed receptacles that would connect
to the sanitary sewer system on site. The petitioner has indicated that this facility woultl not
respond to emergency calls far animal treatment or forcarcass pick-up. All calls are routed to
the East Hills`Animal Hospital after 6:00 pm. Rarely would emergency services be necessary
ab#his location. Although no permanent staffing of after-hour emergency services is proposed,
.Page 5
Staff Reporfto the
Planning Commission
October 6,2003
Item No, 2 '
there maybe occasions when a doctorwould respond to an emergendy at the facility. There
would be 6 to 12 employees for the hospital and boarding operation. The total number of
employees anticipated for this particular veterinary hospital'is consistent with well established /
published veterinary management practice standards. The facility is designed to'support 2 to 3
doctors and at full: capacity, the facility would serve no more than 6 to'8 clients at any one time.
? One attendant would be on duty throughout the night for the animal boarding portion of the'
business operation.
,ENVIRONMENTAL IMPACT ANALYSIS:
(18) Staff has reviewed the proposal and the Initial Study (a copy of which is available for review in
the Planning Department) and finds nd;significant environmental impact and, therefore,
i recommends thata Negative Declaration be approved upon' a finding'by the Planning
Commission that he Negative Declaration reflects the independent judgment of the lead
agency; and that it has considered the proposed Negative Declaration'together with any
comments received during the public review process and further finding on the basis of thee.
Initial Study and any comments received that there is no substantial evidence that the project
will have a significant effecYon the environment.
GROWTH MANAGEMENT ELEMENT ANALYSIS:
(19) The proposed project has been reviewed by affected City departmeMs!to determine whether it
conforms to 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 ManagemenFElement
analysis, therefore, no analysis has been performed.
EVALUATION:
(20) Staff had received a total of eight (8)'e-mails and phone calls from area residents in
opposition to the proposed veterinary hospital prior to the September 8, Planning
Commission meeting. At this meeting, eight members of the neighborhood expressed
their concern regarding the potential impacts of this project, and many more were
present to indicate their opposition to the project. Four primary concerns were
expressed by the members of the community'related to potential'jmpacts of the project
within the letterstand at the public hearing. These concerns focused on traffic, nafse,
lighting and glare, and on site grading and drainage. Because of these concerns, staff
recommended the item be'continued so that petitioner'could respond to these concerns.
The Commissiomshould note that project plans were sent to the'City of Yorba Lindai
Planning Department for review and' commenfprior to the September 8, 2003,
Commission meeting. The feedback provided by the City of Yorba Linda was limited to
design; elements,(using 48-inch box trees to soften the building elevation, he use of
bollardiJighting to reduce glare) thaYwould further mitigate any potential impacts on `
surrounding properties. (Staff has maintained communication with Yorba Linda
Planning Staff with regard'to the progress of this item.
(21) ; Because of the concerns related to traffic safety at the intersection of Short Street and
Kellogg Drive, the petitioner has modified the: portion of'the project along Kellogg Drive
r by removing the proposed sign and relocating the proposed retaining wall'and fencing
8 feet td the west resultingiin a setback of 8 to?14 feet from the property Tine to provide
greatervisibility;foruehicles traveling east orrShort Street as they approach the
intersection at Kellogg Drive. The revisions proposed by the petitioner would improve
visibility at this intersection and improve the current'.visibility concerns. As indicated in
Page 6
.Staff Report to the
Planning,Commissioh
October 6;'2003
`Item No. 2!
the revised letter of operation, the maximum vehicle trips generated pechour at full use
would be approximately 8 trips, which would have no significant impacYon the level of
service of therintersection at Short Street and Kellogg Drive.: Because the use is '
proposed at the gateway of a residential neighborhood on a secondary arterial, there
would be little: impact or "pass-through" traffic on local neighborhood streets. As
indicated by the Traffic Engineering Division at the previous meeting, the City
conducted data collection in October 2002,:: and performed a traffic signal warrant:.
analysis at this intersection. A traffic signal would only be installed if an intersection
meets the minimum criteria established by,State and other professional!transportation
engineering organizations. The intersection of Short Street and Kellogg Drive currently
does not meet these requirements. Traffic volume on the minor street(Short Street)
only meets 63% of the required volume. In'addition _'Accidenf Experiehce" warrant has
not been met. The accident warrant is metrwhen ah intersection experiences 5 or`more
accidents within a 12-month period. No accidents have been reported at this
intersection within the. last 12 months.
(22) The applicant has submitted an acoustical analysis of the potential noise impact ;
..resulting from animalsounds and activities within the animal hospital. The residential
properties directly to the south of the subject property were of particular concern.
Section 6.70 of the Anaheim Municipal Code indicates that:
"No person shall, within the City, create any sound, radiated for extended periods
:from anypremises which produces a sound pressure level at any point on the
property,lihe in excess of sixty decibels (Re 0.0002 Microbar) read on the A-scale of
'a sound level meter."
The applicant has indicated in the letter of operation the design and:construction
elements`that would be incorporated into the site. Sound control mitigation
"techniques would include sound attenuating vestibules, sound rated walls, proper
:'insulation, and mechanical baffles, to reduce the impact of potential noise sources
`on surrounding neighborhoods. Exterior upper floor glazing at the ward areas would
be dual glazed to mitigate potential noise. The interior floor design would also
.'incorporate sound transmission vestibules and self-closing doors to prevent
incidental noise escaping to the outside environment. Additionally, all dog ward and
irun areasiwould be located within the building. Given the design and construction
elements, as well as the operational characteristics of the proposed:animal hospital,
the resultant sound pressure evels at the south'property,line would: be 47.8 dBA,
well below the maximum allowed by Section 6:70 of the Code, and much less than
?the ambient noiseilevel of 64 dBA from vehicle traffic along Kellogg Drive and he
;Richard'. M. Nixon Freeway (SR-90) exitramp. Staff has included a condition of
approval, which prohibits any outdoor special events to eliminate any potential
increase in noise sources outside the,building. As the petitioner indicated at the
previous public hearing, no animals would be housed outside, and no dog runs are
idocated outside. There would be twosmall playryards at the north side of the
::building abutting the freeway off-ramp, which would be used for periodic exercise
lunderthe!supervision of hospital staff during normal business hours.
(23) The Commission may wish to note that staff contacted the Planning Department for the
City of Yorba Linda to enquire about Code Enforcement issues with Dc. Dunbar's facility ,
located at 20429 Yorba Linda: Boulevard. Planning; staff at Yorba Linda indicated that
there is no history of any code'enforcementoctivity at this location.
Page 7
Staff Report to the
Planning Commission
October 6, 2003
Items No. 2
(24) The submitted photometric plan indicates the lighting design would result in 0-0.59
foot/cahdles of illumination along the southe~Iy property line on the north side of Short
Street. rBecause the introduction ofbollard lighting at the driveway entrance (as
' recommended byfthe City of Yorba Linda Planning Department) and 12-foof high light
standards, as well as the grade variation between the main parking area and Short
StreeE(the parking area is 9 feet below the center line of the street), there would be no
impact on adjacent properties south' or west of the site. The properties to the south
along Brandon Circle are further shielded by a;6-foot high block wall and the building.
pads of these homes are approximately 14-16 feet below. the grade of Short Street. The
nearest house adjacent to-the site toithe west;is approximately 141 feet away from the
proposed parking area. The photometric study indicates the design and lighting would
be consistent with standards set forth in the. Municipal Code (maximum 12 feet in
height,'directed and shielded to reduce spill and glare),'and is consistent with industry
standards for light and glare, and would not result in a negative impact to adjacent and
surrounding properties. The petitionerwouldibe required to establish a lighting plane.
consistent with this exhibit:
(25) ', Addressing the concerns related to on-site grading and preventing the site from
receiving off-site'drainage'the petitioner has indicated hat on-site improvements
r` related to the existing culvert would also accommodate+drainage;from the adjacent -
property to the west, and would have no negative impact on the drainage pattern from
Y the neighboring property. ,Other concerns expressed at the meeting related to retaining
walls along the west side of the property, as well as the building pad elevation for the
animal hospital building. The submitted cross-section details and a revised grading
') plan, demonstrate that the`riew building pad elevation would be 1-2 feet above the
current; grade, and approximately 4 feet abovelgrade of the centerline of Short Street,
and show that no retaining walls are proposed at the west side of the property adjacent
to the parking area. The petitioner would be required to'obtain agrading permit for
improvements necessary to accommodate the'. proposed building and parking area.
(26) ' Veterinary hospitals and animal boarding facilities are permitted within the RS-A-43,000
Zone subject to the approval of a conditional use permit: Staff has reviewed the revised
plans, the photometric plan, acoustical analysis, and revised letter of operation and
feels that the design of the new building and operatiortof the proposed use would be
+ compatible withYhe surrounding residential land uses. Staff is supportivebf this use
because it is ales-intense. commercial use that would not have characteristics of
typicaPcommercial properties (glare, soffit, noise, spontaneous customer visitation).
Because of the site's location adjacent to a freeway (Richard M.Nixon Freeway), and a
secondary arterial (Kellogg Drive), and because the site is at the peripherybf an
existing residential neighborhood, staff believes the site is adequate to allow the full'
development of the proposed use in''a mannerthat would not be detrimental to the
adjacent sunrounding residential neighborhood. Because the proposed animal hospital
i would be in close proximity to single family residential neighborhoods, staff has included
conditions of approval prohibiting outdoor events and the placement of banners at the facility
for any ype of promotional event. In addition to these conditions, staffhas included conditions
pertaining to site landscaping, roof mounted equipment, as well as property maintenance and
business operation. As conditioned, staff believes the proposed use would not adversely
affect adjacent and surrounding properties, and believes that the integrity of the residential
neighborhoods would not be compromised. Because the site is adequate to accommodate:
the veterinary hospital and animal boarding facility. in a manner not detrimental tdahe area, ''
staff recommends'aooroval of this project.
Page 8
Staff Report to the
Planning Commission
October 6', 2003
Item No: 2>
(27) Waiver (a) pertains to maximum fence height within the front yard setback. Code requires that
any fence located within the front twenty-five foot wide setback along Kellogg Drive shall be no
more than 3 feet in height. The submitted site plan indicates a 6-foot high combination block
wall and wrought iron fence within the requiretl front yard setback. The proposed fence would
be' ocated from 0 to 8 feet from the front (east) property line (along Kellogg Drive). The
proposed fence and wall'would be located on a new retaining walb and would enclose an open
patio and walkway alongthe building front. Because ofthe severe'change in'topograpfiy from
the'. right-of-way and the building pad elevatiorr, staff recdmmends aoproval of [his waiver.
(28) Waiver (b) pertains to permitted signs within residential zones. In the RS-A-43,000 zone, code
permits one lighted or unlighted sign of a maximum of twenty square feet inarea, identifying
any;on-site use(s) permitted in thezone in which the property is located. When frontage on
more than one street exists, one such sign may be permitted on each additional street
frontage (twosigns allowed for this facility). ;Such signage may be placed oHthe building
below the roof level or; if freestanding, shall be monument type not exceeding four feet in
height as measured from the ground upon which the sign is constructed, antl not closer than
seven feet to any public'right-of-way. The maximum number of signs per street frontage may
be ncreasedlto two, provided such?signs are incorporated into entry monument walls placed
on`either side`of a main'driveway entrance. The proposed wall sign would provide
ideptification for freeway raffic. Commercial sign standards would allow fora 264 square foot
wallsign. The proposedi41 square-foot wall sign is only l5% of the size commercial signage
would be allowed in this' ame situation. Because the ign is much smaller than what would
be'allowed byright for commercial businesses, and because the sign faces the freeway and is
noPbriented towards adjacent andsurrounding residential properties, staff believes that a
significant hardship exists and recommends approval of this portion of the requested waiver.
The proposed 20-square foot commercial identification garden wall sign would be
located closer to the property life than what would be allowed by Code. The Planning
Commissionmay wishto note that the wall height is four feet, six inches, however the
actual sign height is 2 feet, 6 inches, and the petitioner is working with'the Real
Property Division of the Public Works Department to reconfigure the ultimate right•of-
way along both Kellogg Drive and ShortStreet. Thepetitioner has revised proposed
signage by deleting the monument sign and replacing it with a smalle[garden wall sign,
a5 recommended by staff, to reflect a reduction in the overallrsign size.' The existing
and new right-of-way configuration is irregular and: the topography varies significantly
along Kellogg Drive, presenting(a significant hardship in placing the monumentsignage
in conformance with code. Staff recommends approval of his'waiver in it5entiretydue
to the special circumstances pertaining to the location of the subject site as it relates to
the configuration of the lot and topography along this portion of Kellogg Drive.
(29) Waiver (c) pertaining to maximum structural height hasbeen deleted.
(3p) Waiver (d) pertains to minimum front yard setback. Code requires a minimum front yard
setback of 25'feet along. Kellogg. Drive and a'setback of 7_5 feet to 16 feet isproposed for the
building. In'order to minimize the impact of the facility on adjacentresidential properties, the
building would be located at the eastern portion of the property. The existing topography and
location of art existing'culvert and`proposed storm drain: at the center of the property limit the
ptadement of33he building on the property.. Due to the topography and development
constraints, which do not apply td`other similarly zoned properties within the bicinity, staff
recommends approval bf the waiver.
(31) Waiver (e) pertains to minimum side yard setback. Code requires a minimum side yard
setback of10 feet and no setback is proposed for the trash enclosure along the freeway off-
ramp. The building itself complieswith the Code. This waiver pertains only to the location of
'Page 9
Staff Report to the
Planning Commission
October 6; 2003
Item No. 2
the trash enclosure. The proposed on-site circulation and access, combined with the
proposed locatiort:of the building, limitthe placement of the rash enclosure in a`manner that
both complies with the minimum required side yard setback'and ensures that the enclosure is
screened properly from surrounding residences and not identifiable from adjacent streets'and
highways. The site design and access; as well as the configuration of the property create a
hardship with regard to the relocation of the trash! enclosure. The proposed trash enclosure as
viewed from the. Kellogg Drive freeway off-ramp would effectively be an extension of the
proposed screen wall and would be indistinguishable from traffic along this off-ramp. Due to
these hardships, staff recommends approval of the waives"
FINDINGS:
(32) When practical'difficultiesor unnecessary hardships result from strict enforcement of the
Zoning Code, a modification may be granted for the purpose of assuring that no property,
because of special circumstances applicable tp it, shall tie deprivep`of privileges commonly
enjoyed by other properties in the same vicinity and zone: The sole. purpose of any code
waiver is to prevent discrimination and none'sftall be approved which would have the effect
of granting a special privilege not shared by other similari properties: Therefore, before any
code'waiver is`granted by the Planning Commission, it sfiall be shown;
(a) ; That there are special circumstances applicable to the property such as size, shape,
topography, location or surroundings, which do not apply topther identically zoned
properties in the vicinity; anp
(b) That strict application of the Zoning Cptle deprives the property of privileges enjoyed
by other properties under identical zoning classification in the vicinity.
(33) Before the Planhing Commission grants any conditional use permit,;it must make a finding
of fact that the'evidence presented shows thatall of the fpllowing conditions exist:
(a), That the proposed use is properly onedor which a conditional use permit is
authorized by the Zoning Cptle, or thatisaid 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 he area in'which it is' proposedao be located;
(c) That the size and shape of the site for the proposed use is adequate to allow the full
development of the proposep use in a manner not detrimental to the particulacarea
nor tothe peace,: health, safety, and general welfare;
(d) That the traffic generated by he proposed use will not impose an undue burden i
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 thepeace, fiealth, safety and general welfare of the
citizensof the City of Anaheim.
Page 10
Staff Report to the
Planning Commission
,'.October 6` 2003
i`Item No: 2
RECOMMENDATION:
(34) Staff recommends that unless additional or contrary irformation is received during the
meeting, and based upon the evidence submitted to the Planning Commission, including the
evidence presented in-this staff report, andbral and written evidence presented at the public
hearing, staff recommends that the Planning Commission take the following actions:
(a) By motion, approve the CEQA Negative Declaration.
(b) By motion, approve waiver (a) pertaining to maximum fence height; waiver (b)
pertaining to permitted signs within residential,zones, waiver (d) pertaining toc
minimum frontyard setback, and waiver (e) pertaining to minimum side yard setback
based on the following: ?
(i) That waiver (a) pertaining to maximum fence height within'the street
setback should be approved sincethe severe change in topography'
between the right-of-way'ahd the building pad elevation creates a significant
hardship on the.: property.
(ii) That waiver (b) pertaining to permitted signs within residential zones hould
be approved because the proposedwall signs are smaller than whaFwould
be allowed by right for other commercial businesses, and because the signs
face the freeway and Kellogg Drive they would not impacfadjacent and
surrounding residential properties. That the existing and new right-of-way
configuration is irregular and the topography varies significantly along
Kellogg Drive, presenting a significant hardship: in placing. the signage in
conformance with code.
(iii) That waiver (d) pertaining to minimum front yard setback should be
= approved because in order to minimize the impact of the facility on adjacent
residential properties, the building would be located at the eastern portion of
the property. Additionally, he existing topography and location of an
existing culvertand proposed storm drain at the center of he property would
limit the placement of thebuilding on,the,property.
(iv), That waiver (e) pertaining to minimum side yard setback should be
approved because the proposed on-site circulation and access, combined
with the proposed location.: of the building, limit the placement of the trash
enclosure fn a manner that both complies with the minimum required side
yard setback and ensures that the enclosure isscreened properly and not
identifiable from nearby residences, adjacent streets and,highways.;
Additionally, theproposed trash enclosure as viewed from the Kellogg Drive
freeway off-ramp would effectively be an extension of the proposed screen
wall'and would. be indistinguishable from trafficalong this off-ramp.
(c) Bymotion, deny waiver (c) pertaining to maximum structural height since it has
been deleted:.
(d) By resolution; approve Conditional Use Permit No. 2003-04746 (to construct a
veterinary Hospital aril animal boarding facility) basedbn the following:
(i) That the proposed use is properly one for which a conditional use permit is
authorized by the Zoning Code for the RS-A-43,000 Zone.
Page 11
Staff Report to the
Planning Commission
`October 6; 2003
Item No. 2 '
(ii) That the proposed use as conditioned will not adversely affect'the adjoining
'land usesand the growth and tlevelopmeht of the area in which it is
lproposed'to be located because the site'design and location of the
proposedbuilding, and the architectural features incorporated into the
`project are such thatlthe adjacent and surrounding properties v/ould not be
'significantly affected:
(iii) :That the size and shape of the site for the. proposed: use is adequate to
allow the full development of the proposed use in a manner not detrimental
'to the particular area. nor to the peace, health, safety, and general welfare
because the proposed veterinary hospital'ts adjacent to the SR 90 Freeway
Nand Kellogg Drive (Secondary Arterial) and, with the exception of the above
`waivers and as contlitioned, complies with the provisions sef forth in the;
Code.
(iv) 'That the traffic generated by the proposed construction and use would not
impose an undue burden upon he streets and highways designed and
improved to carry traffic in the area due to the fact that the operation would
:generate up to 8 trips per hour o the site'during normal business hours:
(v) 'That the proposed use, as contlitioned herein, would not adversely affect
the adjoining land uses and the growth and development of this area based
on the site's proximity to the SR 90 Freeway and Kellogg Drive, as well as
being located at the edge of a residential neighborhood; and as conditioned
'herein, the site design and business operation would be compatible witfi'the
adjacent and surrounding residential properties.
THE FOLLOWINGCONDITIONS ARESUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS
> AN INTERDEPARTMENTAL`COMMITTEE AND ARE RECOMMENDED FOR ADOPTION BY THE
PLANNING COMMISSION"IN THE EVENT THAT THIS`PERMIT IS APPROVED:
1. That special' events, indoor or outdoor, shall not be permitted, and no banners or
other temporary or portable advertising devices shall be allowed at any time. '
2. That the petitioner shall submit a final sign plan for review and approval by Zoning
Division staff: The flnal'sign planshall reflect a reduction in size of the proposed
monument signs to be'more consistent witRthe Zoning Code. Any decision made by, the
Zoning Division regarding said plah may be appealed to the Planning Commission,
and/or City Council. Said information shall tie specifically shown pn plans'submitted for
building permits,
3. That all roof-mounted equipment shall be completely screened from visibility from
surroundingproperties treets and the SR-90 (Richard Nixon Freeway), .Said
information shall be specircally shown on plans submitted for building permits.
4. Tftat 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.
5. That no required parking area shall be fenced or otherwise enclosed for outdoor storage
uses.
Page 12
'Staff Report to the
Planning: Commission
October 6; 2003
.`item No. 2
6. ` That a landscape plan for the'entire site, indicating type, size'and location of proposed
landscaping and irrigation, shall be submitted to the Zoning Division of the Planning
Department for review and approval. Any decision made by the Zoning'Division regarding
said plan may be appealed to the Planning Commission, andlor City Council. Said
information shall be(specifically shown on plans submitted for building permits. This
landscape plan shall include the Following:
a. A minimum of four 24-inch box evergreen trees on Kellogg Drive and eleven, 24-inch
box'evergreen trees on Short Street::.
b. A minimum of seven 24-inch box evergreen trees distributed throughout the parking
area with associated planter areas.
c. Fast growing vines planted on the proposed screen wall along the Kellogg Drive off-
ramp: of the SR 90 (Richard Nixon) Freeway.
7. That any,tree andldr landscaping planted on-site shall be replaced in a timely manner in
the event that it is'removed,'damaged,'diseased and/or death:
8. That the water backflow equipment shall. be aboveground, outside of the street setback
? area in a manner fully screened from altipublic streets and alleys. Any other large water
system equipmenFshall be installed totfte satisfaction of the Water Engineering Division
in eitheCUnderground vaults or outside of the street setback area in a manner fully
screened from all public streets and alleys. Said information shall be specifically shown
on plans'and approved by Water Engineering and Cross Connection Inspector before
submittal for building permits::
9. That since this project has a landscaping area exceeding 2,500 square feet, a separate
irrigatiorn meter shall be installed and comply with City Ordinance No. 5349 and Chapter
10.19 oYAnaheim Municipal Code. Said information shall bespecifically shown on plans
submitted for building permits!
10, `That trash storage .areas shall be provided and maintained in:a location'acceptable to the
Public Works Department, Sheets and Sanitation'Division and in accordance withl
approvetl plans orcfile with said Department. Said'storage areas shall be designed,
i located and screened so asnot to be readily identifiable from: adjacent streets or
highways. The walls of the storage areas shall be' protected from graffiti opportunities by
the use of plant materials such as minimum 1-gallon size clinging vinesplanted on
maximum 3-foot centers or tall shrubbery. Said information'shall be specifically shown
on the plans submitted for building permits.
11. That a plan sheet for solid waste storage and collection and a plan for recycling shall be
P submitted to the Public Works Department, Streets and Sanitation Division for review and
approval.
12 Thak an on-site trash truck turn-around area shall be provided per Engineering Standard
Detail No. 610 and' maintained to the satisfactionbf the Public Works Department,
Streets and Sanitation Division. Said turn-around area shal(be specifically shown on
plans submitted for building permits.
13. That plans shall be submitted to the City Traffic and Transportation Manager for his
review'and approval showing'conformancewhh the current version of Engineering
Standard Plan Nos. 436, 601; and 602 pertaining to parking standards and driveway
locations. Subjecfproperty shall thereupon be developed and maintained in
conformance with said plans:
Page 13
Staff Report to the
Planning Commission
October 6,.2003
Item No. 2
14. That all driveways shall be constructed with ten (10) foot radius curb returns as required
by the City Engineer in'conformance with Engineering Standard No. 137. Said
information shall be specifically shown on plans submitted for building permits.
15. That the legal property owner shall submit an application for a Subdivision Map Act
Certificate of Compliance to the Public Works Department, DevelopmenfServices
Division. A Certificate of Compliance or Conditional Certificate of:Compliance shall be
approved by he Ciry Engineer and recorded'in the Office of the Orange County Recorder
prior to issuance of a building permit.
16. That the developer shall submit evidence that the Yorba Linda Water District will provide
sanitary sewer service to the proposed development. ''
17. That prior to issuance of grading permit, the applicant shall submit a Water Quality
Management Plan (WQMP) specifically identifying the post construction best
management practicesthat will tie 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.
18. That the legal property owner shall provide the City of Anaheim `(Electrical Engineering
Division) with an easement to be determined as electrical design!is completed for
electrical service lines. Said easement shall be submitted to theiCity of Anaheim prior to
connection of electricaf'service.
19. That any required relocation of City electrical facilities to be at developer's expense.
Landscape and or handscape screening of all pad-mounted equipment shall be required.
20. That the petitioner shall be required to pay for an underground line extension from the
nearest electrical source that has the capacity to serve the project's electrical loads.
21. That the installation of streetlights' hall be required along Short Street.
22. That 4-foot high address numbers shall be displayed on the roof ih a contrasting color to
the roof material. The'numbers shall not be((visible from the view of the street or adjacent
properties. Said information shah be specifically shown on plans'submitted for Police:
Department,!Commu~ity Services'Division approval
23. That the applicant shall file an Emergency Listing Card; Form APD-281, with the Police
Department
24. That subject property shall be developed substantiallyin accordance with plans and
specifications submitted to the City of Anaheim by thepetitioner and which plans are bn
file with the Planning Departmentimarked Exhibit Nos.'1 through f10 and as conditioried
herein.
25. That this facility shall not be available for after-hours emergency service and shall not. be
available focanimal carcass pick-up. This facility shall also not provide service for equine
and bovine animals or any wild animal that would be dangerous to the nearby residents.
26. That plans submitted for building permits shall reflect a reduction'in the building height to
a maximum height of 30 feet.
Page 14
i Staff Report to the
Planning Commission
.`October 6 2003
Item No 2
27. )That the,property owner shalCsubmit a letter requesting termination of Variance No.
2000-04405 (to waive permitted encroachment into required yard and required sheet
improvements) to the Zoning Division.
28. That prior to issuance of a building permit, or within a period of one (1) year from the date
of this resolution, v/hichever occurs first, Conditidn Nos. 2, 3, 4, 6, 8, 9;,10, 11, 1T, 13, 14,
` 15, 16,:17, 18, 20;.22, 23, 2ti'and 27, above-mentioned, shalFbe complied with. ''
Extensions for further time to complete said conditions may tie granted in accordance
with Section 18.03:090 of the Anaheim Municipal'Code.
29. That prior to final building and zoning inspections, Condition Nos. 21 and 24,
above-mentioned, shall be complied with.
30. That approval of this application constitutes approval of the proposed request only to the
extent that it complies with the Anaheim Municipal Zoning Code and any otherapplicable
City, State and Federal regulations. Approval does not inclutle 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. 2
PETITIONER'S STATEMENT OF
NST[FICAT[ON FOR VARIANCE/CODE R'AIVER
(NOT REQUIRED FOR PARKING WAIVER)
REQUEST FOR WAIVER OF CODE SECTION: ~ ~ 'fit (~ 0 4 3 ~ 01 (~t
(A separate sty~tement is n
PERTAINING TO:
Code
Sections ] 3.03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver may be
granted by the Zoning Administrator or Planning Commission, the following shall be shown:
That there are special circumstances applicable to the property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical zoning classification in the vicinity; and
2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges
enjoyed by other property under identical zoning classification in the vicinity.
In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to
arrive at a decision, please answer each of the following questions recording the property for which a variance is sough[, fully
and as completely as possible. If you need additional space, you may attach additional pages.
2_
Do the special circumstances applicable to the pro,ppert~tyy deprive it of privileges currently enjoyed by neighboring
properties located within the same zone? ~]'es ~r]o
If your answer if "yes," describe the special circumstances:
Were the s ecial circumstances created by causes beyond the control of the property owner (or previous property
owners)? ,Yes _ No
EXPLAIN:
0
,14,~ o
The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be
approved ich would have the effect of granting a special privilege not shared by other property in the same vicinity and zone
which is o otherwise expres authorized by zone regulations governing subject property. Use variances are not permitted.
ignat o erty Owner or Authorized Agent ~ to j
CONDITIONAL USE PERMITNARIANCE NO.
37625~DECEMBER 12, 2000
Justification Waiver. dol
Are there special circumstances that apply to the property in matters such as size, shape, topography, location or
surroundings? ~' Yes _ No.
Are the special circumstances that apply to the property different from other properties in the vicinity which are in the
same zone as your property? ~ Yes _ No
ATT,'ACHMENT - ITEM N0. 2
PETITIONER'S STATEMENT OF
JUSTIFICATION FOR VARIANCE/CODE WAIVER
(NOT REQUIRED FOR PARKING WAIVER)
REQUEST FOR WAIVER OF CODE SECTION: _
PERTAINING TO:
(A separate state
b x~
for each Code waiver)
Sections 18.03.040.030 and 18.IZA60 of the Anaheim Municipal Code require that before any variance or Code waiver may be
granted by the Zoning Administrator or Planning Commission, the following shall be shown:
That there are special circumstances applicable to the property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical zoning classification in the vicinity; and
2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges
enjoyed by other property under identical zoning classification in the vicinity.
In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to
arrive at a decision, please answer each of the following questions regarding the proper}' for which a variance is sought, fully
and as completely as possible. If you need additional space, you may attach additional pages.
2. Are the special circumstances that apply to the property different from other properties in the vicinity which are in [he
same zone as your property? Yes _ No /~/ /~~ y /
If your answer is `'yes," describe how the property is different: /1t ~s / i~.7/2+'~`~ /S /yD j if,~r,1n.-r'l~l L
3. Do the special circumstances applicable to the property deprive it of privileges curtently enjoyed by neighboring
properties located within the same zone? _Yes No
If your answer if "yes," describe [he special circumstances:
Were the special circumstances created by causes beyond the control of the propem owner (or previous property
owners)? _~Yes _ No
., t n _ , _ t
EXPLAIN:
The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be
approved whjgh would have the effect of granting a special privilege not shared by other property in the same vicinity and zone
which is no [henvise expressly authorized by zone regulations governing subject property. Use variances are not permitted.
/~ ui P~
or Authorized Agent ate
tz, Joao
CONDITIONAL USE PERMITNARIANCE NO.
7uslification Waivcr. dot
Are there spec'~I circumstances that apply to the property in matters such as size, shape, topography, location or
surroundings? V_ Yes _ No.
ATTACHMEIIT - I TEI1 N0. 2
PETITIONER'S STATEMENT OF
JUSTIFICATION FOR VARIANCE/CODE WAIVER
(NOT REQUIRED FOR PARKING WAIVER)
EQUEST FOR t,VAIVER OF CODE SECTION: !' ~ ~ ~ ~ ~ UGC 2J ~ ~ I C~
.A (A separate sta merit is required for each Code waiver)
ERTAINING TO: A/~/tflan~'rvt I,C~L"f c~ /l ~~P,/r,[~o n>~ n~lia,r~
ections 18.03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver may be
,`anted by the Zoning Administrator or Planning Commission, the following shall be shown:
That there are special circumstances applicable to the property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical zoning classification in the vicinity; and
2. Thai, 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.
t order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to
rrive at a decision, please answer each of the following questions reearding the property for which a variance is sought, fully
rid as completely as possible. If you need additional space, you may attach additional pages.
Are there special circumstances that apply to the property in matters such as size, shape, topography, location or
surroundings? ~ Yes _ No.
answer is "yes," describe how the property is different: ~F 1~'cn+a~l~ It ?Jb7 QPJ t Oo-^~'f I~~ .
Awl Aw \,.Il RI 1-4n i O,'1"[\1
Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring
properties located within the same zone? _Yes ~No
If your answer if "yes," describe the special circumstances:
Were the special circumstances created by causes beyond the control of the property owner (or previous property
owners)? Yes _ No
the sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be
approve which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone
which i of o[hetwise expressly authorized by zone regulations governing subject property. Use variances are not permitted.
igna roperty Owner or Authorized Agent Dat
CONDITIONAL USE PERMITNARIANCE NO
376?S~DECEMBER l?,?000
J usritication W'aiva. dot
Are the special circumstances that apply to the property different from other properties in the vicinity which are in the
same zone as your property? ~ Yes _ No
ATTACHMENT - ITEM tJO. ~
PETITIONER'S STATEMENT OF
', JUSTIFICATION FOR VARIANCE/CODE WAIVER
', (NOT REQUIRED FOR PARKING WAIVER)
ZEQUEST FOR WAIVER OF CODE SECTION: ~ `~ ~ ~-(+ b ~3 t~ a. U
A separate statement is_required for each Code waiver)
?ERTAINING TO: MIIIiVety ^~ f, a7'1-L~ ~ 't~l~kll/~~,~ e ilF ~~I ~t~-r+
iections 18.03.040.030 and 1 &.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver may be
;ranted by the Zoning Administrator or Planning Commission, the following shall be shown:
That there are special circumstances applicable to the property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical zoning classification in the vicinity; and
That, because of such special circumstances, strict application of the zoning code deprives the property of privileges
enjoyed by other property under identical zoning classification in the vicinity.
In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to
arrive at a decision, please answer each of the following questions regarding the properrv for which a variance is sought, fully
and as completely as possible. If you need additional space, you may attach additional pages.
Are there special circumstances that apply to the property in matters such as size, shape, topography, loeation or
surroundings? ;~ Yes _ No.
Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring
properties located within the same zone? D~ Yes _No
If vour answer if "ves: 'describe the
Were the special circumstances created by causes beyond the control of the property owner (or previous property
owners)? ~ Yes _ No
EXPLAIN:
The sole purpos of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be
approved whi ould have the effect of granting a special privilege not shared by other property in the same vicinity and zone
which is t envis expressly authorized by zone regulations governing subject property. Use variances are not permitted.
~~ ~.6 0.~
Sim roperty Owner or Authorized Agent ate
CONDITIONAL USE PERMITNARIANCE NO.
37625tDECEMBER l2, 2000
Justifica+ion Waiver. doi
Are the special circumstances that apply to the property different from other properties in the vicinity which are in the
same zone as your property? _ Yes _ No
Inert No. 3
BANK o 4 DU ~
DU ~
N Q F
U R
O
CL RM-1200
CUP 3896 57-56-31 ~~ ~
AC. BLDG q Du EACH ~ ~ q DU 3 DU 4DU
U
Rh41200
RCL BObI-15
;ON'S cup 2126 o N BANYAN DR
PA
NG N n
CL p
RCL BD-61-15 ~ jv RM-1200
RCL 66417-58 ~ U 57-56-31
CUP 2126
' q DU
CL - McDpNALD
S
REST
RCL 74-75-24 .
CUP 1926
CUP 1764 ~
CUP 369 ~ CL
SYCAMORE PLAZA Q RCL 57-56-16
NEIGHBORHOOD > CUP 2003A4742
SHOPPING CENTER W T-CUP 2003-04726
J T-CUP 2002-04621
~ CUP 2001-04451
Q CUP 2001-04433
c
m o CUP 3642
CUP 2fi06
W CUP 1665
(~ CUP 1655
J VAR 2037
CL
VAR 1912 S
J PCN 2003-00012
Q ((CUP 3425)
(~ (CUP 2756)
((CUP 2339)
W (VAR 2136 S)
CL F-- (VAR 1960 S)
RCL B54iG71 Q RCL 6SL6670 GRANADA
CUP 2081-04409 ~ RCL 5]SB-10 SDUARE
T-ADJ 2002-80224 Cn PCN 97-12
SHOPPING CUP 2411 GL
CENTER VA
S
490
RE
S 5
TAURANT
E~ 540'
LA PALMA AVENUE
C
RCL ]b]F12
CUP 2001Ad3]] RCL 65-6fi-72
RCL 65-66-69 VAR 2914 5 61412-36
T-CUP 2063.04]69 54-55.21
FAMILY MEDICAL CUP 000 q
OFFICES FLOWER SHOP I I
RS-A-43,000 I f-° "~~~'-{ I - X ~ '
CUP 1875 ~ w /I / /V
Conditional Use Permit No. 2003-04742
Requested By: RICHTER FARMS TRUST
a Q ,_ _,0 4
Nw NW
~~
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Ul ^
f
1 p
0_~ ~~
BANYAN LN
RM-1200 '
RCL 87-68-30 N w
VAR 3732 r ~
GPA 346 N o
APARTMENTS ~'~
92 DU -
- RS-A-03,000 RM-1200
RCL ]0.]I
52
^o^'o
-
°
° -®
4DU V-665
4DU -
5DU ~~>"'
RS-A43.000
R6-A-03,000 5&59.36 p
V-1146 y 1 I
V-fiB5 RS--]200)
I 1 DU VAR 2]34
V-1245
t w
.-...-._ -
Subject Property
Date: September 8, 2003
Scale: 1" = 200'
Q.S. No. 111
REQUEST TO CONSTRUCT ADRIVE-THROUGH RESTAURANT WITH WAIVER OF
MINIMUM NUMBER OF PARKING SPACES.
1092 North State College Boulevard
soo
Staff Report to the
Planning Commissoh
October 6} 2003
`item No. 3'
3a. + CEQA NEGATIVE DECLARATION (Motion)
3b. `! 'WAIVER OF'CODEREQUIREMENT (Motion)
3c. <' 'CONDITIONAL`USE PERMIT N0:2003-04742 ! (Resolution)
SITE LOCATION AND DESCRIPTION`.
(1) This irregularly-shapetl, 6.9-acre property is located north and east of thehortheast borner
$f State College Boulevard and La Palma Avenue with frontages of 460 feet on the east
side of State College Boulevardrand 540 feet on the horth side`of La Palma Avenue'(1092
'North State College Bbulevard).,
REQUEST:
(2) The petitioner requests approval of a Conditional Use Permit under authority of Code
Sectioh Nbs, 18.03.030 and 18:44.050:300 to construct adrive-through restaurant with
waiver of the following:
SECTION NOS. 18.06.050.0233 AND Minimum number of parking spaces
18.44.066:050 ,'(826 required; 485 proposed arid
`recommended by the Traffic and
Transportation Manager)
BACKGROUND:
(3) At the request of the Planning Commission, this item was continued from the
September 8, 2003,imeeting'to allow the petitioner and staff an opportunity to%
'address concerns relating to he orientation and architectural design of the proposed
`drive-through restaurant. The descriptions of plan revisions are highlighted in bold
(4) This property is developed with a commercial retail center with 30 tenanfspaces and is
zoned CL (Commercial, Limited). The Land Use Element Map of the Anaheim General Plan
'tlesignates this property for General Commercial land uses.
(5) Surrounding land uses are as follows:
Direction Land Use - Zoning General Pian'
f)esignation
Fast-food Restaurant CL and 'General Commercial and
North and. Apartments RM-1200 'Medium Density Residential:
East Apartments RM-1200 'Medium pensity Residential
South (across La Flower Shop and CL and 'General'. Commercial and
Low-Medium Density
Palma Avenue) Apartments RM-1200 Residential'
West (across State Sho m Center
PP g CL' General Commercial
College Boulevard)
PREVIOUS ZONING ACTIONS:
(6) iThe following zoning: actions pertain to this property:;
(a) Conditional Use Permit No. 2001-04451 (to permit a restaurant with public entertainment
': and on=premises sale and consumption of alcoholic beverages with waiver of minimum
number'of parking'spaces - 537 required; 518 proposed) was approved by the Planning
i Commission on'November 5; 2001.
Sr3045ey
Page 1
Staff Report to the
Planning Commission
October 6 2003
Item No. 3
(b) Conditional Use Permit No. 2001=04433 (to establish land use conformity with existing
Zoning Code and use requiremerits for an existing commercial retail center, laundromat
and liquor store and to:permit a convenience market) was approved by the`Commissbn
on September 10, 2001.
(c) Conditional Use Permit No. 3642;(to retain a restaurant/nightclubjexpansiori including a
public dance hall with on-premise;sale and donsumption of alcoholic beverages and i
waiver of minimum number of parking spaces) was approved by Planning Commission on
November 1 { 1993, fora period of one year: until 1994.' On December 12, 1.994, the
Commission approved'a one-year time extension until November 1, 19951On January 22,
1996, the Commission approved atwo-year time extension until Novemberl, 1998:(1084,
1084-A, .1086-A North State College Boulevard - J.C.' Fandango). This permit has '
expired.
(d) Conditional Use Permif No. 2608. (to permit on-sale alcohol in a proposed restaurant and
cocktail lounge with waiver of minimum number of parking spaces) was approved by City
Council on October 16;.1984, following approval by the Planning'Commission on
August 20, 1984 (1086-A North State College Boulevard - J.C. Fandango).
(e) Conditional Use Permit No. 1685'(to permit on-premise sale and'consumption of beer and
wine in an existing restaurant) was approved by Planning Commission on January 31;
1977, for a period of 5 years. A time extension was approved by the Planning
Cbmmission on February 8, 1982; to expire on January 31, 19871 No further extensions
have been requested (1046 N. State College Boulevard -formerly Sun's Chinese
Restaurant).::
(f) Conditional Use Permit: No. 1655 (to permit on-premise sale and'consumpton of beerand
wine in a proposed restaurant) was approved by Planning Commission on September 27,
1976 (1060 N. State College Boulevard - formerly Angelo's Pizza. Restaurant).
(g) Variance Noi 2037 (to waive the permitted uses to permit a retaii'tire, battery and
accessory store) was approved y City Council on January 28, 1969, following approval
by,the Planning Commission ortbecember i6, 1968. '
(h) Variance No 1912 (to :permit a freestanding sign with waiver of minimum distance
between free-standing; igns) was approvedby Planning Commission on August 28,
:1967.
DEVELOPMENT PROPOSAL:
(7) The petitioner requests a conditional use permit to construct a new 3,245 square foot fast
food/drive-through restaurant within an existing parking>area on the southwest portion of the
property. Themaster site plan (Revision 1 of Exhibit No 1) indicates the proposed
construction of the drive-through restaurant building adjacent to State College Boulevard,
directly north bf an existing off-site`service station.
(8) Thespecific site plan (Revision 1 of Exhibit No. 2) indicates that the drive-through
lane and pick"up windows wouldibe directly adjacent to State'College Boulevard.'i A
revision to the previous plan includes a Porte-cochere extending across the width of
the drive-through Zane, above the two pick=up windows. The extension would not
encroach into the required 10-foot wide setback, as measured from the ultimate '
right-of-way.;However,'ho changes have been made to the orientation of the
proposed building. One existing driveway adjacent to the service station would be
eliminated to accommodate the drive-through ane. Additionally, the kiosk adjacent to tfie
south property line would be removed and, according to;the petitioner, would not be
relocated. A 12-foot wide drive-through lane would circulate around the north, west and
south sides of the building, exiting'at the south end of the building:° Plans further indicate a
Page 2
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View of existing kiosk to be removed'.
(g) :Three existing driveways on State College Boulevard and three existing driveways on La
Palma Avenue provide access to the property. The proposal includes elimination of the
most soutFerly driveway on State College Boulevard; adjacentto the service station
.properly. Plans indicate that the proposed construction includes elimination of 36'parking
spaces resulting in 485 remaining parking spaces for the center. Code requires 5S paces
for the proposed drive-through testauranY Parking;for the restaurant is tiased on the
`requirement of 16 spaces per 1,000 square feet of gross floor'area for dive-through, walk-
:' Page 3
Staff Report to the
Planning Commission
October 6 2003
Item No. 3
up, or take ouf'restaurahts. Code requires a total of 826: parking spaces for the entire retail
center based'on the fdllowing:
LOCATION
USE/TENANT TOTAL
5OUARE
:FEET ..CODE- _
REQUIRED
PARKING RATIO
(per 1,000 sq. ft:) j
PARKING
REQUIRED
1046,.1050 The Reef Tropical Fish
Store
3,370
5.5
1815
1052 Mariscos Licenciado' 1,250 ! 16 20
1054 Personnel Office 1,250 ' 4 5'
1056;1056, 1060 Market 3,750 5.5 20:6
1062 Mom's and Baby's
Market 1,250 5.5 6.8
1064 Pop Rock Records 1,250 5.5 6:9
1066,:1068 i Party Rental Store 2,500 5.5 1218
1070, :1072, 1074'. Vacant 8,909 r 5.5 4819
1076 ' Padilla 1,400 16 2214
1078 Beauty Salon 1,400 ' 5.5 7J7
1080 Laundromat 2,600 5.5 15:4
1084, 1064 A & 1088 A JC Fandango Dance
Club 19 168 17 326
10868 Just 98 Mart 6,662 5.5 37.8
1086 C I Top Line Staffing 1,584 5.5 8:7
1088 ` NorthemAuto Parts :. 8,779 : 5.5 48.2
1090 Baiter 900! ' 5.5 4:9
1092 ' Optometrist 900:: 'I 6 5:4
1092 , Proposed
'Wend s Restaurant'
3,245
16
61.9
1094 + TV 8, VCR Repairs 900 5.5 4.9
1096 Liquor Store 1,440 5.5 7.9
1098 Blockbuster Video 5,400 5.5 29.7
2011 ' BlackAngus
Restaurant 8,600 8 76.8
2120 ' Goodyear Tire 7,000 5.5 38'.5
TOTAL 94,947 826
(10) The floor plan (Revision 1 of Exhibit No. 3) indicates an indoor dining room with 92 seats, a
service area with counter, kitchen, office, storage, 2 restrooms, employee dressing room,
walk-in refrigerator/freezer, and preparation areas. The'plan further indicates two customer
entrances at the south and east ends of the building and an employee entrance at the
northern portion of the building. The only revisions to the floor plan include the
Page 4
Staff Report to the
Planning .Commission
October 6; 2003
item No. 3
relocation of the main entrance on the eastern side of the building and the addition
of two tables (four seats).
(11) The submitted west and south elevation plan (Revision 1 of Exhibit No. 4) indicates a
one-story building with a maximum height of approximately 28 feet. The west
elevation: (facing State College Boulevard} shows a roofline with varying heights,
ranging from 20 to 24 feet. Further, theiside viewof the poste-cochere is shown to
include two columns that are 6 and 13.feet wide and are designed to screen the pick-
upwindows from direct view from the street. The porte-cochere is articulated with a
f decorative cornice and finishes include stucco and cultured (edge stone. Thesouth
elevation,'containing the secondary entrance into the dining area, includes a newly
proposedtower element, with'a sloped,rdecorative the roo€; The cultured stone
"continuesaround the south side of thebuilding, along the: lower three feet. This
elevatiortincludes aside viewof the porte-cochere indicating a projection of
approximately 16 feet from the exterior'building wall.
' (12) The revised east and north elevations (Revision 1 of Exhibit No. 5) shows further
architectural articulation byway of an additional tower element at the primary..
entrance {east elevation). An'additional modification to the east elevation includes
the relocation of the main entrance from a "side-on" singledoor to a "front-on"
'double door that would be more easily identified from the parking area. The north
'elevation, containing access doors to the mechanical and utility rooms, includes a
'newly proposed wood trellis and tower element "pop-out"'
(13) The elevation plans further indicate that the maximum height of;any roof-mounted
equipment would not exceed the height of the parapet walls.
(14) The landscape plan (Exhibit No: 6) indicates a total of eight (8},?24-inch box Brisbane Box
`trees to be orated within the setback adjacent to State College Boulevard. An additional
:fourteen (14) trees would be planted throughout the lease pad. Three (3) additional trees
would be planted within new planters directly north of the proposed building location.: Other
landscaping proposed on-site includes 5-gallon Texas Privet hedges in the setback'and
'around the drive-through lane and 1-gallon Dayliliessurrounding the building. Code`
requires one (1) treeper 20 feet of street frontage for a total of eight (8) trees on State
College Boulevard, and trees separating every 10 parking spaces in the parking lot. A
revised landscape plan was not submitted. However, a cross section (Exhibit No.
15), depicting the view from State College Boulevard shows a landscape berm to
"further screen vehicles from the adjacent street.
(15} .The sign program (Exhibit Nos.' 7-14) indicates the following signs, all of which are in
'conformance with Code:
Size
Sin Number T e (Height x Width} Location
A
4 Wall signs (Channel
3' x 10,_2„ North, South, East '
letter) and West Elevations!
(1) Driveway (State
College Boulevard), ' '
g
3 Directional signs (Cabinet
2' x 2,_2„ (2) Entrance of
,Signs} drive-through lane
and',(3) Exit from
drive-throw Mane
C 1 Menu "preview" board 1'-11" x 5'-4" Start of drive-
... tftrough lane
Page 5
Staff Report to the
Planning Commission
October 6; 2003
Item No. 3
Size
Sign: Number T e (HeightxsWidth) Location
D 1 Menu board with ordering ; 4'7" x 9'2" Drive-through lane
device
A revised sign program;was not submitted, however; proposed wall sign locations
are shown on-the new elevatioMplans. According to' he petitioner, signage would be
approximately the same size as originallyproposed!(and as referenced'in the above
chart).
'(16) The petitioner's letter of operation indicates the hours of operation for the proposed fasts
food restaurant would be 10 a.m. to' 10 p.m.,(daily, for indoor dinirig and 10 a:m. through,1
a.mafor the drive-throughdane. The fast food restaurantwould have a total of 7 employees
during the peak shift. The petitioner has submitted an additional letter for Planning
Commission consideration, detailing the meeting with Zoning;Division staff, the
enhancements to the proposed drive-through building and concerns of the property
owner regarding the lease pad. The Commission may wish to note that the applicant
hasworked with staff to design an architecturally and visually;interesting building,
buf has indicated that working to:expand the lease pad in order to orient the drive-
through lane away from State College Boulevard has not proved to be successful.
ENVIRONMENTAL IMPACT ANALYSIS:
(17) Staff has reviewed the proposal and the InitiaCStudy (a copy of which is available for review
in the Planning: Department) and finds no significant envronmenta('impact and, therefore,
recommends that a Negative Declaration be approved upon a finding by the Commission
that the declaration reflects the independent judgment of the lead agency; and that it has
considered the'',proposed Negative Declaration together with any comments received during
the public review processand further finding on the basis of the Initial Study and any
comments received that there is no ubstantial evidence hat the project will fiave a
significant effect on the environment.
GROWTH MANAGEMENT ELEMENT ANALYSIS: ;
(18) The proposed project has,been reviewed by affected City departments to determine
whether it conforms with the City's Growth Martagemerif Element adopted by',the City
Council on March 17, 1992. Based'on City staff review of the proposed project, it hastieen
determined that this project does not fit within the scope Necessary to require a Growth
Management Element arialysis, therefore, no analysis has been performed.
EVALUATION:
(19) Drive-through restaurants are permitted in the CL Zone subject to approval of a conditipnal
use'permit.
(20} Thetequested waiver pertains to minimum number of parking spaces. Code;requires a'
minimum of 826 spaces for this commercial retail center; including' he proposed drive-
through restaurant, as described in paragraph,no. (9) of his reportf The site plan indicates
a total of 485 spaces available for this site. The petitioner has submitted a parking study,
prepared by Katz, Okitsu'& Associates, dated'May 19,2003, to substantiate he request for
this waiver. The City Traffic and Transportation Manager has reviewed this study and has
determined that 485 parking spaces is adequate for the existing and proposed uses within
this shopping'center.
(21) The parking study further includes the following findings for the waiver of minimum number
of parking spaces:
Page 6
Staff Report to the
r Planning.Commission
'October 6; 2003
Item No. 3
"(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 the normal and
reasonable foreseeable conditions of operatiori'of such use.
The parking study indicates that the parking demand for off-street parking spaces will
not exceed the supply available at the center.
(b) That the waiver, under the conditions imposed, if any, will not increase the demand
and competitionfor parking: spaces Lpon the public streets in the immediate vicinity of
the proposed use.
The proposed project will not cause any significant demand for on-street parking
spaces, since the everyday use wilt not requirethe use ofoff-street parking, and there
is sufficienk parking capacity in the center to accommodate the proposed project.
(c) That the waiver, under the conditions imposed, if any, will not increase the demand for
parking spaces upon adjacent private. property in the immediate vicinity of the
proposed use.
The proposed project will not cause any demand for parking on private property in the
vicinity of the proposed use. There is adequate parking provided by he project: on-
site. '
(d) That the waiver,,under the conditions,imposed, it any, will not increase traffic
congestion within the off-street parking areas or lots provided for such use.
As shown in the study, the amount ofparking demand forecasted for the site is less
than the supply provided qn site. Furthermore; traffic and'parking congestion will not
occur, because'the overall`demand for parking at the center is within the supply. The
layouF of the parking area js such that traffic congestion inside the parking area will not
be excessive when parking demand is equal to or lower than supply::
(e) That the waiver,`under the'conditions imposed,'if any, will not impede vehicular ingress
to or egress from adjacenfproperties upon the'public streets in the immediate vicinity
of the proposeduse.
The proposed use will not impede vehicular ingress or egress, because the project is
not expected td result in demand for on-street parking in the vicinity of any driveways
or other locations near the'center."
(22) Staff feels hat the proposed construction of adrive-through restaurant is compatible with
surroundirg land uses on and around the subject property. Staff, however, has concerns
with the proposed location and'orientation of the building and drive-through lane relative to
the adjacent street.'Staff has consistentlyhad concems regartling the visibility of various
''aspects ofdrive-through restaurants from'the public'right-of-way, including the drive-through
'lane, service windows and menu boards. `while some of the visibility concerns have
'been addressed by he addition of a Porte-cochere, staff maintains the position that
the proposed orientation of the building is inappropriate for adrive-through `
'restaurant at this location. Further, the intent to'utilize columns to screen the pick-
up windows is only'effective when vehicles or pedestrians are directly in front of the
building.'Oncoming traffic, traveling either north or south on State College
Boulevard would be able to view the drive-through activities.
(23) The Commission may wish to note that the applicant has demonstrated the possibility of
`alternate designs for this restaurant building and the subject property by way of preliminary
i Page 7
Staff Report to the
Planning Commission
October 6, 2003
Item No. 3
site plans. Staff had previously indicated to the applicant that a more desirable alternative
would includechanging,the orientation so thafthe narrower portion of the building would
face State College Boulevard. With this alternative, components such as the_drive-through
lane; ordering!device and service windows would not be directly visible to the: street.
(24) Considering the applicant's concern with maximizing the'restaurant's visibilityfrom the '
street, staff has suggestetl architectural enhancements `that would'tlraw attention to the`:
building as well as increase the aesthetics of the property. Suggestions included a tower
element that would allow for signage at a more distinct'and prominent IeveL Increased '
articulation of the building elevations would also add to a' more aesthetically favorable
project that would draw'attention to he building from the'street. The revised;plans
indicate a more enchanted building design, adding greater architectural interest to
the proposal.' Tower elements have been incorporated, allowing signage to be
located approximately 6 to 7 feefhigher than originally proposed.
(26) The'applicant has suggested maintaining the proposed layout and including abundant
landscaping tg screen the drive-through components of this restaurant. Staffifeels that any
landscaping that could effectively screen the'drive-through lane and service windows would
decrease the overall visibility of thebuilding from the street, thus defeating the purpose of
thebuilding's proximity and location to the street, Staffs concern with utilizing landscaping
as a buffer is that it could potentially be trimmed to a level of ineffectiveness.'The addition
of atporte-cochere mayoffer limited screening as described in paragraph no. 22.
Should the Commission wish to approve this project, staff has included a condition
of approval requiring the applicant to submit a final landscape plan, specifically ,
indicating the incorporation of alandscape earthen berm and row of hedges along
the entire length of the setback adjacent to State College Boulevard with the
exception of ingress/egress areas.
(26) Staff feels strongly abouFachieving a design that adds to the aesthetic quality of this
prominent intersection within the City. If the proposed project involved a property with
physical constraints, such as an excessively small or corner parcel; it would be understood
that few alternatives are available. This property, however, has ample spaceao
accdmmodate'a design that parallels the City's goats of'mproving the State College
Boulevard Corridor. Although the design of he building has been enhanced, staff':
maintains the original recommendation for:denial of his permit, based on the fact
that concerns that were the basis for denial have not been addressed, specifically the
location and orientation of the building. Staff recommends that based on he layout and
orientation of the proposed drive-through restaurant, thePlanning Commissidn dent/ this
request for a conditional use permit:
FINDINGSi+
(27) Section 18.06.080 of the parking ordinance sets forth the following: findings which are
required to be made before the parking waivers are approved by the 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
i necessary to accommodate all vehiclesattributable to such use underthe normal and
reasonably foreseeable conditions of operation of uch use; :and
(b} That the waiver, under the conditions imposed, if any, will not increase fhe demand
and competition for parking spaces upon the public streets in the immediate vicinity of
the proposed us'e as designed; and
(c) ;That the waiver, under the conditions imposed, if any, will not increase he demand
and competition for parking spaces upon adjacenf;private property in the immediate
' vicinity of the proposed use'(which property is not expresslyprovided as parking for
Page 8
Staff Report to the
Planning Commission
October 6; 2003
Item No. 3
such' use under an agreement in compliance with Sectioh'18.06.010.020 of this
Code); and
(d) Thatthe waiver, under the conditions imposed; if any, wilt not increase traffic
congestion within the off-street parking areas d~ lots provided for such use; and
(e) That. the waiver; under the conditions imposed; if any, wilfhot 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; the granting of any uch waiver shall
be deemed contingent upon operation of such use in!conformance with the assumptions
relating to the operation and intensity of the use as contained inthe parking demandstudy
.that formed the basis.for approval of said:waiver. Exceeding, violating, intensifying or
otherwise deviating from any of said assumptions astcontained in the parking demand study
:'shall be deemed a violation of the express conditions imposed upon said waiver which shall
subject said waiver to terminatioh or modification pursuant to ttie provisions of Sections
t 8.03.09 V and 18.03`.092 of this Code,
(28) Before the Planning Commission grants any Conditional Use Permit, it musk make a finding
of fact that. the evidence presented shows that all of the following conditions exist:
(a) That the proposed use is properly one for which a Conditional Use Permit is
authorized by the Zoning Code, or that said use is not listed therein as being a
permitted use;
(b) That the proposed use would not adversely affect the adjoining land uses and the
growth and developmentof the area in whicFi it is proposed to be located;
(c) That the size and shape`of the site for the proposed use: is adequate to allow'the full
developmentof the proposed use'in a manner not detrimental to'the particular area
nor to the peace, health;: safety, and genera( 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 conditionalUSe permit under the conditions imposed; if any,
would not be detrimental to the peace, health'; safety aril generalwelfare of the
citizens of the City of Anaheim.
RECOMMENDATION:
(29) ;Staff recommends that unless additional dr contrary information is received during the
meeting, ahd based upon the evidence submitted to the Planning Commission, including .
the evidence presented in this'staff report, and oral and written evidence presented ak the
public hearing that the Commission take the following actions:
(a) By motion, aoorove a CEQA Negative Declaration.
(b) By motion, den the waiver pertaining to minimum number of parking spaces
based do the fact tfiatstaff is recommending denial ofthe proposed use.
(c) By resolution, denv Conditional Use Permit No. 2003-04742 (to permit the
construction'of adrive-throughrestaurant) based on the fotlowing:
Page 9
Staff Report to the
Planning Commission
October 6; 2003
Item No. 3
(i) That various aspects of the drive-through restaurant; including the drive--
3hrough lane, service windows and menu boards would be visible to the '
public right-of-way.
(ii) That there is adequate area onthe subject property to develop'an alternative
design, eliminating the above-referenced'concerns.
(iii) .That the drive-through restaurant as presently designed, wouldbe detrimental
'to the peace, health;'safety and'general welfare of the citizens bf Anaheim.
THE FOLLOWING CONDITIONS ARE!SUBMITTED BY VARIOUS CITY DEPARTMENTS :'ACTING AS
AN INTERDEPARTMENTAL'COMMITTEE'AND''ARERECOMMENDEDFORADOPTfON`BYTHE
''PLANNING COMMISSION 7N THE' EVENT THAT' THIS: PERMIT'IS' APPROVED
1. That as stipulated by ttie petitioner, the hours of operation shallbe limited td 10 a.m. tb 10 p.m.;
daily, for the' indoor dining room'and 10 a.mc to 1 a m; daily, for the drive-through lane.
2. That the existing kiosk"shall be removed from the subject property, as stipulated by the petitioner.
Said information shalibe specifically shown on plans+submitted for building permits.
3. That any proposed roof-mounted; equipment shall be subject to the screening requirements of
'Anaheim Municipal Cotle Section No. 18.44.030.120'pertaining to the CL Zone. Saidiinformatioh
shall be specifically shown on the. plans submitted For Zoning and Building Division approval.
4. That the proposal shall comply with signage requirements of the CL Zone unless a variance allowing
sign waivers is approved by the,City Council, PlanningCommission or Zoning Administrator.
5. That a final landscape plan to screen the drive through lane shall be submitted to the Zoning
Division for review and: approval Said landscaping shall incorporate a landscape earthen berm and
row of hedges along the entire length of the setback adjacent to'State College Boulevard witfi the
exception of ingress/egress areas. Any decision by the Zoning,Division may be appealed to the
Planning Commissioners a Reports and Recommendations iteml
6. That final elevation plans shall be submitted tc the Zoning Division for review and approval. Ahy
decision by,the Zoningi Division may be appealed to the Planning Commission as a Reports and
Recommendations item.
7. That no alcoholic beverages shall be sold or consumed on the premises.
8. That no exterior vending machines shall be permitted.
9. .That no video, electronic or other amusement devices or games-shall be permitted on the premises.
10. That roof-mounted balloons or other inflated devices shall not be permitted'.
11. That no window signage shall be permitted,
12. That there shall be no public telephones maintained on the property that are located outside of he
building.
13. That the property shall be permanently maintained in an orderly fashion by providing regular
landscape maintenance, removal of trash'of debris, and removal of "graffiti" within twenty-four (24)
hours from ime of occurrence.
14. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event
that it is removed, damaged, diseased and/or dead.
Page 10
Staff Report to the
Planning Commissidh
October 6; 2003
Item No. 3
15. That the'drive-through lane sfiall be reviewed and approved by the City Traffic and Transportation .
Manage[. Said information sFiall be specifically shown on plans submitted for building permits.
16: That the proposed pedestriah walkway through the drive-through area shall be removed and
redesigned to the'satisfackion of the City Traffic and Transportation Manager to eliminate the conflict
points between vehicular and'pedestriah traffic. Such information shall be specificaNy shown on
plans submitted for building permits.
17. That the existing driveway adjacent to State College Boulevard shall be removed and replaced with
standard curb, gutter, sidewalk and landscaping as indicatedon Exhibit. Nos. 1 and 2. Said i
information shall be specifically shown on plans submitted for building permits.
18. That plans shall besubmitted to the City Traffic and Transpdrtation Manager for his review and
approval showing conformance with the current version of EngineeringStandard Plan Nos. 436, 601
and 602 pertaining to parkingsstandards and driveway locations. Subject property. shall thereupon
be developed and maintained in conformance with said plans.
19. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
20, That an on-site trash truck turn-around area shall be provided per Engineering Standard Detail No.
610 and'maintai~ed to the satisfaction of the Public Works Department; Streets and Sanitation
Division:: Said tum-around area shall be specifically shown oh plans submitted for building permits.
21:- That the property owner shall,prpvide the City of Anaheim Electrical Engineering Division of the
Public Utilities Departmentwith a putilicUtilities easement to be determined as electrical design is
completed.
22. That any necessary relocation of existing electrical facilities or streetlights shall be at the expense of
the developer.
23. That trash storage areas shall be provided and maintained in a location acceptable to the Public
Works Department, Streets and Sanitation Division and in accordance with approved plans on file
> with said Department. Said storage areas shall be designed, located and screered so as not to be
readily identifiable from adjacent streets or highways. The walls of the storage areas shall tie
i protected from graffiti oppprtunities by the use of,plant materials such as minimum 1-gallon size
clinging tines planted on maximum 3-foot centers: or tall shrubbery. Said information shall be
specifically shown'on the plans submitted for building permits.
24: That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted
to the Public Works Department, Streets and Sanitation Division forYeview and'approval.
25: That the legal property owner shall submit an application for a Subdivision Map Act Certificate of
Compliance to the Public Works Department, Development Services Division for the parcel on
which the restaurant would be located. A Certificate of Compliance or Conditional Certificate of
Compliance shall be approved by the City Engineer and recorded in the Office of he Orange County
Recorder prior to issuance ofia building permit.
26: That the property owner shalt implement appropriate non-structural and structural Best Management
Practices (BMPs) as specifietl in the Orange County Drainage Area Management Plan (DAMP)
Appendix G. The selected BMPs shall be implemented and maintained to minimize the introduction
of pollutants from entering the City of Anaheim stdrmwater drainage system.
27. That if required by the Urban Forestry Division of the Community Services Department, street trees
shall be installed; by the property owner, withinthe publid Fight-of-way adjacent to State College
Boulevard. The size, type and number of treesshall be provided td the satisfaction of the'Urban
Forestry Divisidn df the Community Services Department.
Page 11'
Staff Report to the
Planning Commission
October 6;.2003
Item No. 3
28. That since this project has landscaping area exceeding 2,50D square feet,'a separate irrigation--
meter shalt be installed and shall; comply with Gity Ordinance No. 5349 and Chapter>10.19 of
Anaheim Municipal Code. Said information shall be specificallyshown 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; shall be coordinated. through Water
Engineering Division of the Anaheim Public Utilities Department:
30. That the water backfldw equipment and any other large water system equipment shall be installed to
the satisfaction of the'W ater Utility Division'behind the street setback area'in a manner fully
screened from all public streets. Said information shall be specifically shown on plans submitted for
building permits.
31. That the parking lot serving the premises shall be maintained with lighting of sufficient power to`
illuminate and make easily discernable the: appearance and conduct of all persons otf or about he
parking lot. 'Said lighting shall be decorative and shatlbe directed, positioned and"shielded in such a
manner sous not to unreasonably illuminate adjacentproperties'. A plan'showing said lighting. shall
tie submitted to the Community Services Division of the Police Department for review and approval.
32. 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 atljacent properties, Said
information shall be specfically shown on' plans submitted for Police Department, Community
Services Division approval.
33. That signage shall be limited to signs shown on approved exhibits. Any additional signage shalt be
subject to review and approval by the Zoning Division: Any decision by the Zoning Division maybe
appealed to'the Planning Commission as a!Reports and Recommendation item.
34. 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 14, and as conditioned herein.
35. Ttiat 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; 5, 6, 15,:,16, 17, 18,:20, 21, 23 24, 25,26,
28, 29, 30,31 and 32,above-mentioned, shall be complied withl
36. That prior to final building and zoning inspections, Condition Nos. 27 and 35, above-mentioned„
sftall be complied with:
37. That approval of this application constitutes approval df the proposed request only to the extentthat
iYcomplies 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 12
4
CL VF
RS-5000
PCN
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...._.
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CUP 2001-04489
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T-ADJ 2002-00224 PCN 9],72
SHOPPING CUP 2411 CL
CENTER VAR 2490 CUP 194]
S.S. RESTAURANT
LA PALMA AVENUE
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RCL 75-78-12 RCV54612
CUP 2061-043]3
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Conditional Use Permit No. 2003-04744 Subject Property
Date: Septembe r 8, 2002
Scale: 1" = 200'
Requested By: FIRST CONGREGATIONAL CHURCH OF ANAHEIM Q.S. No. 102
REQUEST TO PERMIT A TELECOMMUNICATIONS ANTENNA (FAUX PALM TREE) WITH
ACCESSORY GROUND-MOUNTED EQUIPMENT
WITH WAIVERS OF: (A) MINIMUM FRONT YARD SETBACK
(B) MINIMUM SIDE YARD SETBACK
515 North State College Boulevard -First Congregational Church of Anaheim ess
Staff Report to the
Planning;Commission
Octoberfi; 2003
`item No 4
4a: CEQA NEGATIVE DECI:ARATION
4b: WAIVER OF CODE REQUIREMENT
4c: CONDITIONAL USE PERMIT NOs 2003-04744 (Motion for continuance)
SITE LOCATION AND DESCRIPTIONS
(1) This irregularly-shaped 5.6-acre property is located at northwest corner of Sycamore Street
and State College Boulevard, with frontages of 425 feet* on the north side of Sycamore
Street and 267 feeton the westside of State College Boulevard (515 North State College
' Boulevard= First Congregational Church of Anaheim).
'Advertised as 625 feet.
REQUEST:
(2) The petitioner requests approval of a conditional use permit under the authority of Code
Section 18.21.050.125 to permit a telecommunications antenna and accessory grbund-
mounted equipment with waivers of minimum front end side yard setbacks.
BACKGROUND:'
(3) This property is developed with an existing church built in 196f and school built in 1966
and is zoned RS-A-43,000 (Residential/Agricultural):: The Anaheim General Plan Land Use
Element'Map designates this property fog General Commerciaii Land Uses and further
designates the surrounding properties a5 follows: General Commercial to the north`and
east across State College Boulevard; General Commercial and low Density Residential to
the south'across Sycamore Street and Medium Density Residential to the west.
(4) .This matter was continued from the September 8, 2003, Planning Commission
'meeting n order to'allow the; petitioner additional time to explore alternative design
'`options.: Church moderator,: Richard Purvis, has submitted the attached letter dated
September 18, 2003, requesting a second continuance to the November 3, 2003,
' Commission meeting in order to allow the petitioner additional time to finalize
revised plans for a' new alternative stealth design.
RECOMMENDATION:
(5) Staff recommends that the Commission; by motioh, oontinue this item to the November 3,
2003, meeting as requested by church`representatives.
Sr8647vh
Page 1
ATTACHMENT - ITEM idq. 4
September 18, 2003
Vanessa Norwood, Planner
City of Anaheim
200 South Anaheim Blvd.
Anaheim, CA 92880
Re: Conditional Use Permit No. 2003-04744 - 5 15 North State College Blvd
This is a request to continue this matter the scheduled Planning Commission hearing date
of October 6, 2003 to November 3, 2003. We would like the opportunity to consider
modification of the plans from a mono-palm telecommunication tower to a steeple or bell
tower. This type of structure would better integrate into our existing church design.
Thank You
Dick Purvis, Moderator
Jim Schibsted, Pastor
Carol Lutz, Treasurer
Bill Wilson, Assistant Treasurer
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Conditional Use Permit No. 2003-04720 (READVERTISED) Subject Property
Date: July 14, 2003
Scale: 1" = 200'
Requested By: ZAHER MUSLEH Q.S. No. 84
TO PERMIT A W.I.C. (WOMEN, INFANT AND CHILDREN) STORE AND TO ESTABLISH LAND
USE CONFORMITY WITH EXISTING ZONING CODE LAND USE REQUIREMENTS FOR AN
EXISTING LEGAL NONCONFORMING LIQUOR STORE.
804 South Anaheim Boulevard es2
Staff Report to the
Planning Commission
October 6 2003
Item No. 5
5a. ' CEQA CATEGORICAL EXEMPTION'-CLASS 1 (Motion for withdrawal)
5b. CONDITIONAL'USEPERMITNOz2003-04720
SITE LOCATION AND DESCRIPTION:
(1) This rectangularly-shaped 0.43-acre property is located at the southeast corner of
Anaheim Boulevard and South Street; having frontages of'133 feet on the east side of
Anaheim: Boulevard and 142 feet on the south side of South Street (804 South Ariaheim
Boulevard).
REQUEST:
(2) The petitioner requests approval of a conditional use permit under authority of Code
Section 18.44f050:195 to establish a W.LC. (Women, Infahtiand Children) convenience
store and to establish land use conformity with existing zoning code land use
requirements for an existing legal nonconforming liquor store:
BACKGROUND:
(3) `This property is developed with two retail tenant suites and is zoned CL (Commercial
Limited)..' The Anaheim General Plan Land Use Element Map designates the property for
Low-Medium Density Residential land uses.
(4) At the request of the petitioner, this item was continued from the July 14, and
August5l, 2003, Pianning`Commission meetings to address land use conformity
issues pertaining3o the liquor store. The petitioner, Nabil Houri, has submitted the
attached letter, dated September 19,2003, requesting a withdrawal of this
application due to the inability of the property owner and business. owner to reach
an agreement over issues pertaining to land use conformity.
RECOMMENDATION:
(5) That the Commission, by motion, accept the petitioner's request for withdrawal
Sr3032(b) ey
.Page 1
Sep 19 03 09:19a hlabil R. Houri 949 559 8623 p.l
ATTACHMEtJT - ITEtt tl0. 5
N~II, A. HOU12I t1RCffiTCCT
Medileelure, P/euaing, Desga (YConsultiag
September 19, 2003
Mrs. Elaine Yambao
Anaheim Planning Department
200 S. Anaheim Blvd. Suite 162
Anaheim, CA 92805
Re: Planning Commission Hearing
Dear Elaine
We have been scheduled for the past two months for a Planning Commission Hearing for the "Santa Maria Nutritional"
W1C Store. W e request that you withdraw our application from your agenda because the issues between the prospective
tenant, Mr. Zaher Musleh and the shopping center owner, Mt. Louis Smaldino have not been resolved.
If the two parties reach any farm of agreement over the recommendations for approval by the city we will resubmit this
application in the future.
Th ~ ou ~~
abil A. ouri '~r`_'
Cc: Mr. 7aher M. Musleh
Mr. Amer M. Aref
12 LongalreeL, Irvinc, CA 93620-3368
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Conditional Use Permit No. 3921
TRACKING NO. CUP2003-04723
Requested By: F.J. HANSHAW ENTERPRISES, INC.
RS-7200
1 DU EA.
Subject Property
Date: July 28, 2003
Scale: 1" = 200'
Q.S. No. 37
REQUEST REINSTATEMENT OF THIS PERMIT BY THE MODIFICATION OR DELETION OF A
CONDITION OF APPROVAL PERTAINING TO A TIME LIMITATION (APPROVED ON MAY 8, 2000
-i0 EXPIRE NOVEMBER 28, 2002) TO RETAIN THE RETAIL SALES OF ALCOHOLIC BEVERAGES
FOR OFF-PREMISES CONSUMPTION WITHIN APREVIOUSLY-APPROVED CONVENIENCE MARKET.
1112 North Brookhurst Street, Suite 1 -Cheers Market
844(2003-7-15)
Staff Report to the
Planning'Commission
October 6y 2003
+Item No. 6
6a. ` CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) (Motion)
6b. CONDITIONAL USE PERMIT N0. 3921 (Resolution).,;;.
(Tracking Noy CUP2003-04723)
SITE LOCATION AND DESCRIPTION:'
(1) This irregularly-shaped, 0.91-acre properly is Iecated:north and: east of the northeast corner
of Brookhurst Streetand La Palma Avenue with frontages of 83 feet on the east side of
Brookhurst: Street and 127 feet on the north side of La Palma Avenue (11.12 North s'
Brookhurst Street, Suite 1 - Cheers Market).
REQUEST:
(2) The petitioner requests reinstatement of this permit by the modification or deletion of a
condition of approval'pertaining to a timeJimitation (approved May 8, 2000, to expire
November;28, 2002)'to retain the retail sales of alcoholic beverages for off-premises
consumption within apreviously-approved`convenience marketunder authority of Code
Section 18.03.093.
BACKGROUND:
(3) This item was continued from the July 28, September 8, and September 22, 2003,
Planning Commission meetings in order for the applicant to be present. Staff has
.made several attempts to contact the applicant to ensure his attendance at the
Planning .Commission meetings. A letter dated September 29, 2003, was sent to both
the applicant on file and the potential new business owner of Cheers Market
notifying ahem of today's Planning Commission meeting.
(4) This property is currently developed with a 9,860 square-foot commercial Fetaii shopping
`center. The propertyis zoned CL (BCC) (Commerctat, Limited;: Brookhurst Commercial
Corridor Overlay) and is designated by the City of Anaheim General PIam.Land Use
Element Map for General Commercial land uses. The property is also located in the West
Anaheim Commercial Corridors Redevelopment Project Area.
(5) Conditional Use Permit No. 3921 (to permit a 2,200 square-foot convenience market with
Gales of alcohol for off-premises consumption) was approved, in part, (the alcohol portion
expiring on April 28, 1999) by the Commission on April 28, 1997. A request for
:reinstatement and to`consider amendment or deletion of conditions of approval pertaining
3o hours of operation; sales of hot food orself-serve`soft drinks; window signs and exterior
:'public telephones and to waive minimum number of parking spaces to permit and retain
,.self-service soft drink dispensers inside the convenience market and review and approval
of final landscaping and sign plans was approved in part, expiring on November 28, 1999,
by the City,Council on January 26, 1999. bn May 8 2000, the Planning Commission
.:approved a reinstatement to retain the sales of alcoholic beverages (for off-premises
'consumption) for a period of two (2) years, to expire'on November 28, 2002.
(6) The petitioner requests reinstatement of the portion of this permit pertaining to the off-
premisessales of alcoholic beverages and amendment to condition no. t of Resolution No.
PC2000-55 which reads as follows:
"1. Thaf the sales of alcoholic beverages for off-premises consumption is hereby'granted
fora period of two (2) years, to expire on November 28 2002:'
sr8650av
Page 1
Staff Report to the
Planning Commission
October 6,'2003
Item No. 6 i
DISCUSSION:
(7) Desapriya Jinadasa hassubmitted a letter of request to retain the retail sales of alcoholic
beverages within apreviously-approved convenience market and to delete the condition of
approval pertaining to a time limitation.
(8) In order to demonstrate that the findings required for the reinstatement of this use have been
satisfied, the petitioner has submittetl the attached "Justification forReinstatement" which
indicates that no aspect of the operation has changed since the last approval,' hat the
physical property has remained the same, and that all conditions of approval pertaining o
the permit have been complied with:
(9) The Code Enforcement Division has submitted the attached memorandum dated,
August 29, 2003, regarding the current statusof the property. The memorandum indicates
thatthe petitioner is complying with'conditionsof approval with the exception of condition no.
11, eertaining td the sales of alcoholic beverages not exceedino 35`percent of the dross'
sales of all retail sales durino anv$firee (3) month peridtl The petitioner failed to present
any verifiable statementtegarding fie sales ofalcoholic feverages'to the Cotle
Enforcement or Zoning'Dvision staff,
(10) The Anaheim Police Department has submittetl a memorandum dated, July 1 [ 2003. The
memorandumstates that this location is within Reporting District 1420, whicfi has a crime
rate of 4 percent above average. It is also within census tract 867:01, which has a
population of 8598. This population allows for 6 licenses and there are presently 5 active
licenses in this'tract. The Reporting' District to`the north of this location is within the City; of
Fullerton. The Reporting District to the south is 1520 with'a crime rate of 12 percent above
average. The Reporting )istrict to the east is :1421 with a crime rate of 94 percent above
average. The' Reporting District to the west is'i1419 and'has a crime rate of 17 percent
below average:'
(11) The'memorandum further states that the Anaheim Police Department has conducted several
investigations of this location over the past two years and determined that thebusiness has
been in violation of their ABC (Alcoholic Beverage Control) License on several occasions.
Anaheim Police Department (APD)'investigators conducted a decoy program'at this location
and the salesclerk sold alcohol to a' minor. A re-inspection was conducted and APD
Investigators found this store had no records/receipts fortheir alcohol (a violation of their
ABC' license), pornography not properly concealed, and sales of drug paraphernalia. Due to
the violations of the ABCflicense and the manner in which the applicant operates his
business, the Police Department recommentls'denial of the request to reinstate the portion
of the conditional use permit allowing the retail'sales of alcoholic beverages.
(12) In order to reinstate a conditional use permit, the Planning Commission must make the
finding of fact that all conditions of approval have been met. A Code Enforcement
inspection has confirmed' hat the applicant is unable to provide records pertaining to the
percentage of alcoholic beverages sold at this location. 'Staff has made several attempts to
retrieve this information without success. Further, the Police Department had indicated!'
several violations of the ABC license at this location. Based on the evidencethat the
business is not complying with all conditions df approval `and the Police Department's
recommendation for denial, staff feels that the request to reinstate the portionbf the
conditional use permit to sell alcoholic beverages should'be deniedt
Page 2
Staff Report to the
Planning.. Commission
4 October 6, 2003
Item No 6
ENVIRONMENTAL IMPACT ANALYSIS:
(13) Staff has reviewed the proposal'to reinstate Conditional Use Permit No. 3921 and finds no
significanfadverse environmental impacts resulting from any changes to the existing project.
Therefore,' tall recommends that the previously-approved Negative Declaration in
'connection'with Conditional UsePermit No. 3921 serve as the required environmental
documentation for this requesfupon a finding by the Commission that the Negative
Declaration reflects tfte independent judgment of the lead agency and that it has considered
the Negative Declaration together with any'comments receivedduring the public review
'process and further finding on`tfie basis ofthe Initial' Study (a copy of which is available for
:'review in the Planning Department) and any comments received that there is no substantial
evidencethat the project will have a significant effect'on the environment.!:
< GROWTH MANAGEMENT ELEMENT ANALYSIS:
(14) 'The proposed project has been reviewed 6y affected City departments to determine
whether ifconforms with the: City's Growth Management Element adopted by the City
r Council on March 17, 1992. Based on City staff review of theproposed project; ifhas 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:
(15) Before the Commission grants: any conditional use permit, it must make a finding df 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 bythe Zoning. Code, oCthat said use is not listed therein as being`s
permitted use;
`(b) That the proposed use will not adversely affect the adjoining land uses and the
growth and development of the area in which' it is proposed to be' located;
(c) That the size and shape of the site for the proposed use'is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area
nor to the peace, health; safety, and general welfare;
(d) That the traffic generated by the proposed use will not impose an undue burden upon
the streets and highways designed and 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.
(16) Subsection 18.03.093.040 of the Zoning Code requires that before the Commission grants
reinstatement of the. approvafby extension of any time limitations for arcadditional;period or
periods of time, or such time limitation is deleted ormodified'; the applicant must present
evidence'to establish the following findings:
(a) The facts necessary tosupport each and every required showing for the issuance of
such entitlement as set forth in ChapterY8i03 exist;
Page 3
Staff Report o the
Planning Commission ';
October 6,2003
Item No. 6
(b) ? Said permit is being exercised substantially in the same manner and in conformance
with all conditionsand 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 to the public peace, health and afety and general
welfare; and
(d) With regard only to any deletion of a time limitation, such deletion is necessary td
permit seasonable operation under the: permit as granted.
RECOMMENDATION:
(17) Staff recommends that, Unless additional or contrary information is received during the`:
heating, and tiased upon the evidence submitted to the Commission, including the
evidence presented in this staff report, and oral and written evidence presented at the
public hearing, the Commission take the following actions;
(a) By motion, determine that the previously-approved Negative Declaration serves as
the appropriate ehvironmental documentation for this request.
(b)' By resolution, denv this request to reinstate Conditional Use Permit No. 3921
(Tracking No. CUP2003-04723) to retain the retail sales of alcoholic beverages for
off-premises consumption in conjunction with a previously-approved convenience
market based on.the following:
(i) That with regard o reinstating the retail sales of beer and wine for off-
premises consumption, this permit has not been operated'substantally in
the same manner as originally approved by the Commission, as
evidenced by the Code Enforcement Division inspection indicating a'
failure: to provide the required records: pertaining to the sales of alcoholic
beverages.
(ii) That the permit is being exercised in a manner"detrimental to the
particular area and surrounding land Uses, as evidenced by the ABC:'
license violations reported. by the Anaheim Police Department over the
past two years.
(iii) That the request to retain the sales of alcoholic beverages would be
detrimental based on evidence from the Anaheim Police Department that
this business has been cited for selling alcoholic beverages to minor,
sales of improperly marked and not properly concealed pornographic
matter, sales of drug paraphernalia, unpermitted window: signage and no
sales }ecords for' alcohol over the past two years.
(iv) That the request to permit the sale of alcoholic beverages'at this
location, in conjunction with violations of the ABC license would be
detrimental to the public peace, health and safety and general welfare.
(c) Should the Commission wish to approve this request, staff'recommends that the
Commission incorporate the conditions of approval contained in Resolution No;
PC2000-55 into a new resolution with the following conditions of approval based on
the finding thatthe modification is necessary topermit the teasona6le operationof
thisbonvenience market:
Page 4
Staff Report to the
Planning Commission
October 6 2003
Item No; 6
1. That the retail sales of alcoholic beverages for off-premises
consumption shall expire on November 28,2004.
2. That signage for the subject business shall be limited to that which isshown
on the exhibits submitted by the petitioner and as conditioned herein. 'Any
additional signage shall besubject to approva(by the Planning Commission
as a "Reports and Recommendations" item.
3. < That within a period of three: {3) months after CaI Trans completes the
freeway improvement project currently underway in this area, the petitioner
shall install landscaping irYthe existingwesterly'planter adjacent to
Brookhurst Street.
4. That there shall be no public telephones on the premises located outside of
the building.
5. That no food which is cooked, heated,: reheated assembled or altered on the
site orself-service soft drinks (as defined in Section 18.01.040 "Convenience
Market, Take-out, Food Service") shall be permitted without the provision of
Code-required parking or that a separate request and approval of a variance
for minimum number of parking spaces is obtained.
6. ' That beer shall not be sold in packages containing less than a six (6) pack,
and that wine coolers shall'hot be sold in packages containing less than a
four (4) pack.
7. ' That no window signs shall be permitted at any time in order to maintain
unobstructed visibility into the store interior from the outside, as
recommended by the Police Departmenk.
8. r That there shall be no coin-operated games maintained upon the premises at '
any time, without. issuanceef proper permits as'required by the Anaheim
Municipal Code.''
9. ' That the area ofalcoholic beverage displays, including beer and/or wine
displays, shall not exceedtwenty-five percent'(25%) of the total display area
in the building. ?
10i That the sales of alcoholic beverages; shall not exceed thirty five percent
(35%)bf the gross sales of all retailsales during any three (3) month"period.
The applicant shall maintain records on a quarterly basis showing the
separate amounts of sales of alcoholic beverages and other items. These
records shall besubject to audit, and made available, when requested by any
City of Anaheimbfficial during reasonable business hours.:.
11: That the applicant shall be responsible for maintaining the. premises free of
litter at all times:'
12: That all trash generated from this market shall be properly contained in trash
bins'contained within approved trash enclosures. The number of bins shall
be adequate and the trashpick-up sfiall be as :frequent as necessary to
ensure the sanitary handling and timely removal of refuse from the property.
The Code Ehforcemenf Division of the Planning'Departmentsholl determine `
the heed for additional bins or additional pick' up. All costs for increasing the
'Page 5
Staff Report to the
Planning Commissipn
October 6; 2003
Item No. 6
number of bins or frequency of pick-up shall be paid for by the business
owner.
13. That no alcoholic beverages shall be consumed on the property.'
14. That the parking lot serving the premises shall be equipped with lighting of
sufficient power to illuminate and make easily discernible the appearance
and conduct of all persons, on, or about, the parkinglot. Saidlighting shall
be directed, positioned and shielded in such a manner so as not to
.unreasonably illuminate the windows of nearby residences.
15. That no shopping carts shall beUsed in conjunction with this convenience
market unless a cart'retrieval plan preventing the removal of carts from the
property is reviewed and approved by Planning Department staff.
16. That any tree or other landscaping planted in accordance with previous
approvals'and exhibits shall be maintained as approved and shall be
,replaced in a timely manner in the event that it is removed, damaged,
'diseased and/or dead.
17. That the business hours of the subject business shall be limited to 6 a.m. to
12 midnight.
18. That any exterior vending machine shall not be visible from the public right-
`of-way.
19. That the subject property shall be maintained in accordance with plans and
I specifications submitted to the City of Anaheim by the petitioner and which
'plans are on file with the Planning Department as Exhibit Nos. 1 and 2, C
except as othervuise conditioned herein.
20. That approval of this application constitutes approval of the proposed request
only to the'extent that it complies with the'Anaheim Municipal Zoning Code
rand 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 br requirement.
Page 6
ATTACHMENT - ITEM N0. 6
PETITIONER'S STATEMENT
JUSTIFICATION FOR REINSTATEMENT
Section 18:03.093 of the Anaheim Municipal Code requires that before any conditional use permit or variance containing a
time limitation can be reinstated for an additional period of time, or before such time limitation may be deleted or modified by
the Planning Commission or Zoning Administrator, the following must be shown:
I. The facts necessary to support each and every required showing for the issuance of such entitlement as set forth in
the following excerpts from the Anaheim Zoning Code still exist:
18.03.030 (Relative to Conditional Use Permias)
Before the City Council or Planning Commission may grant any request for a conditional use permit, it must make a
finding of fact, by resolution, that the evidence presented shows that all of the following exist:
.031 That the proposed use is properly one for which a conditional use permit is authorized by this code, or is not
listed herein as being a permitted use;
:032 That 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 6e located;
.033 That the size and shape of the site proposed for the use is adequate [o allow the full development of the
proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general
welfare;
.034 That the traffic generated by the proposed use will not impose an undue burden upon the streets and
highways designed and improved to carry the traffic in the area;
.035 Thal the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to
the peace, health, safety and general welfare of the citizens of the City of Anaheim;
18.03.040 (Relative to Variances)
Before any variance may be granted by the Planning Commission it shall be shown:
.031 That there are special circumstances applicable to the property, including size, shape, topography, location or
surroundings, which do no[ apply to other property under identical zoning classification in the vicinity;
.032 Thal, because of special circumstances shown in .031, strict application of the zoning code deprives the
property of privileges enjoyed by other property under identical zoning classification in the vicinity.
2. Said permit or variance is being exercised substantially in the same manner and in conformance with all conditions
and stipulations originally approved by the approval body;
3. Said permit or variance is being exercised in a manner not detrimental to the particular area and surrounding land
uses, nor to the public peace, health, safety and general welfare; and
4. With regard only to any deletion of a time limitation, such deletion is necessary to permit reasonable operation under
the permit or variance as granted. -
• In order to determine if such findings exist, and to assist the Zoning Administrator or Planning Commission to arrive at a
decision, please answer the following questions fully and as complete as passible. Attach additional sheets ff additional
soace is needed.
Has any physical aspect of the property for which this use permit or variance been granted changed significantly
since the issuance of this use permit or variance? ^ YES ^ NO
EXpleln: 4-IA , n: C pN~J S 1 c s~-~ AS~cc. t ~-:-----c-ere N ~~' =. ~S ~o c. ti~ C bkr :-'C~~~~
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2.
Have the laid uses in the Immediate vicinity changed since the issuance of this use permit or variance?
^ YES ^-NO
Explain: ic+t~ ?=Ulcf'\~/ \`!f'+ iccr.l 1r~5~ ~3~( 1~-a<...:...Ao.,.c
l a :n ~ . N l.-3' 1 ~c.% Al ~C rL$ ~ 1L ~~-tL. L GUS '~ ~' ~ Y ~f~~-~
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3. Has any aspect f the nature of the operation changed since the issuance of this use permit or variance?
^ YES ~~
Explain: `-1rF i ~e •i-.~..~ ~ ~~ ._'1' i.~ -1 V~:.. S ~, ~c-.~. GL 1`~-"-"~ ~ ~
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4. Are the conditions of approval pertaining to the use permit or variance being complied with? S ^ NO
Explain: H v. -~~ .,- ~ ~..... ,~. eC0 ~-~:_ ~ .-~-~ fi-ra ( Cwt.-Ec ~ i {~ c- v.~
_.
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5. If you are requestpg a deletion of the time limitation, is this deletion necessary for the continued operation of this use
or variance?'®~S'ES ^ NO
Explain:
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Name of Property caner or Authorized Agent (Please Print)
l..`% 6j
Signature of Property Owner or Authorized Agen[ D e
zoazzs,K.ooc tvs~
CASE NO. ~' " t ~ 3'9 "L 1
2
ATTl~CHMENT - ITEM N0. 6
MEMORANDUM
CITY OF ANAHEIM
Coc1e Er?farcement Division
DATE: AUGUST 29, 2003
TO: AMY VAZQUEZ, ASSISTANT PLANNER
FROM: ~~~DON YOURSTONE, SENIOR CODE ENFORCEMENT OFFICER
SUBJECT: CHEERS LIQUOR, 1112 W. LA PALMA AVE.
REINSTATEMENT OF CONDITIONAL USE PERMIT # 3921
This memo is written in response to your request for information regarding Cheers Liquor store
located at 1112 W. La Palma Ave.
Code Enforcement records indicate no citizen complaints have been received regarding this
liquor store.
On August 21, 2003, 1 conducted an inspection at this location and found Cheers Liquor store
was open and operating within the conditions of approval for Conditional Use Permit # 3921,
except condition number 11 which states that the sales of alcoholic beverages shall not exceed
thirty five percent (35%) of the gross sales of all retail sales during any three (3) month period. 1
.spoke to the business owner Mr. Desapriya Jinadasa and informed him his Conditional Use
Permit required this document and he should provide Amy Vazquez City of Anaheim Planner
with this information as soon as possible. Mr. Jinadasa stated that he would get the information
to Ms. Vazquez.
If you need any further information regarding this matter, please feel free to contact me at ext.
4451.
ATTACHMENT - ITEM N0. 6
IYd ~ IVI ® Q'S !~ 9~
City of Anaheim
POLICE DEPARTMENT
DATE: July 1, 2003
TO: Amy Vazquez
Planning Department
FROM: AlSergeant Brian McEfhaney
Vice Detail
SUBJECT: Conditional Use Permit 3921
Cheers Food Stores
1112 North Brookhurst Street
Anaheim, CA 92801
The above listed applicant is requesting to delete a time limitation pertaining to retail sales of
alcoholic beverages for off-premise consumption.
This location is within Reporting District 1420, which has a crime rate of 4 percent above
average. It is also within census tract 867.01, which has a population of 8,598. This population
also allows for 6 off sale licenses and there are presently 5 active licenses in this tract.
The Reporting District to the north of this location is within the City of Fullerton. The Reporting
District to the south is 1520 with a crime rate of 12 percent above average. The Reporting
District to the east is 1421 with a crime rate of 94 percent above average. The Reporting
District to the west is 1419 and has a crime rate of 17 percent below average.
Due to the violations against the applicant's Alcoholic Beverage Control License, and the
manner in which he operates his business the Police Department would deny this request at
this time. Please note the following violations:
2/8/01 An inspection was conducted and APD Investigators found excessive signage to
the storefront windows, pornographic matter not properly marked"Adults Only",
sales of drug paraphernalia.
4/11/01 APD Investigators conducted a Decoy program to this location and the sales
clerk sold alcohol to a minor.
7/26/02 A re-inspection was conducted and APD Investigators found this store had no
records/receipts for their alcohol (a violation of their ABC license), pornography
not properly concealed, and sales of drug paraphernalia.
Memorandum
Amy Vazquez
CUP 3921 -- ---
Page two
8(21/02 A re-inspection was conducted and APD Investigators found the operator of this
store had no records/receipts for their alcohol. '
1/17/03 A re-inspection was conducted and APD Investigators found pornography not
properly concealed, no records/receipts for their alcohol, sales of drug
paraphernalia.
Please contact me at extension 1465 if you require further information.
f:\home\tgovernale\2003-04723 Cheers Food Slores.doc
ATTACHMENT - ITEM N0. 6
RESOLUTION NO. PC2000-55
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 2000-04203
FOR TWO (2) YEARS TO EXPIRE NOVEMBER 28, 2002,
AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC97-42,
AS AMENDED BY RESOLUTION NO. 99R-23 AND
ADOPTED IN CONNECTION WITH MASTEP, CONDITIONAL USE PERMIT NO. 3921
WHEREAS, on April 28, 1997 the Planning Commission adopted Resolution No. PC97-
42 to approve Conditional Use Permit No. 3921 and permit a 2,200 sq.ft. convenience market with sale of
alcoholic beverages for off-premises consumption in an existing commercial retail center and with waiver
of minimum number of parking on property located at 1112 .North Brookhurst Street., Suite 1 {Cheers
Market); and
WHEREAS, said Resolution No. PC97-42 was subsequently amended on January 26,
1999 when the City Council adopted Resolution No. 99R-23 to amend the parking waiver and to amend
conditions of approval pertaining to the expiration date regarding the sale of alcoholic beverages for off-
premises consumption, the business hours of the convenience market, and permitted signs and
installation of landscaping; and that Condition No. 7 was amended to read:
7. That the retail sales of alcoholic beverages for off-premises consumption is
hereby granted until November 28, 1999.
WHEREAS, this property is developed with a 9,860 sq.ft. commercial retail shopping
center, including the Cheers Market; that the property is zoned OL(BCC) "Commercial, Limited -
Brookhurst Commercial Corridor Overlay"; that the property is located in the West Anaheim Commercial
Corridors Redevelopment Project Area; and that the Anaheim General Plan Land Use Element
designates the property for General Commercial land uses; and
WHEREAS, the petitioner requests reinstatement of Conditional Use Permit No. 3921,
which expired on November 28, 1999, under the authority of Code Section 16.03.093 of the Anaheim
Municipal Code to retain the sale of alcoholic beverages (for off-premises consumption) at the existirig
convenience market; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on May 8, 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 conditional use permit and to investigate
and make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by
itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing,
does find and determine the following facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section,
2. That reinstating this conditional use permit, as conditioned herein, to permit the sale of
alcoholic beverages for off-premises consumption for an additional period of time will not adversely affect
the adjoining land uses and the growth and development of the area in which it is located because no
changes have occurred to the approved use which contradict the original findings for approval.
CR3949P K. doc -1- PC2000-55
3. That the size and shape of the site for the proposed use is adequate to allow full
development of the proposal 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 proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
5. That reinstating this conditional use permit for a period of two years until November 28,
2002, as conditioned herein, will not be detrimental to the particular area and surrounding land uses, nor
to the public 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 the proposed modification, including the imposition of additional conditions, is
reasonably necessary to protect the public peace, health, safety or general welfare.
8. That no one indicated their presence at the public hearing in opposition to the proposal;
that one person spoke with concerns; and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to retain the sale of alcoholic beverages within an
existing convenience market on a 0.91-acre irregularly-shaped property located north and east of the
northeast corner of La Palma Avenue and Brookhurst Street, having frontages of 127 fee[ on the north
side of La Palma Avenue and 83 feet on the east side of Brookhurst Street, and further described as 1112
North Brookhurst Street, Suite 1 (Cheers Market); and does hereby determine that the Negative
Declaration previously approved in connection with Conditional Use Permit No. 3921 is adequate to serve
as the required environmental documentation for this request upon a finding by the Commission that the
previously approved Negative Declaration reflects the independent judgment of the lead agency and that
it has considered the peviously 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 grant subject Petition for Conditional Use Permit, upon the following conditions which are
hereby found to be a necessary prerequisite to the proposed use of the subject property in order to
preserve the safety and general welfare of the Citizens of the City of Anaheim:
1. That the sale of alcoholic beverages for off-premises consumption is hereby granted for a period of
two (2) years, to expire on November 28, 2002.
2. That signage for the subject business (convenience market with the sale of alcoholic beverages for
off-premises consumption) shall be limited to that which is shown on the exhibits submitted by the
petitioner and approved by the Planning Commission and as conditioned herein. Any additional signs
shall be submitted to the Planning Commission as a "Reports and Recommendations" item for review
and approval.
3. That within a period of three (3) months after the date when the freeway improvement project
currently underway in this area is completed by CalTrans, the petitioner shall install landscaping in
the existing planter adjacent to Brookhurst Street.
4. That no public telephones on this property shall be located outside the building.
-2- PC2000-55
5. That no sale of hot food and/or self-serve soft drinks shall be permitted on these premises unless the
minimum number of parking spaces required by Code for such food service is provided or a parking
waiver is approved.
6. That no food which is cooked, heated, reheated, assembled or altered on the site (as defined in
Section 18.01:D40 "Convenience Market, Take-out, Food Service" of the Anaheim Municipal_Code)
shall be shall be permitted on these premises unless the minimum number of parking spaces required
by Code for such food service is provided or a parking waiver is approved.
7. That beer shall not be sold in packages containing {ess than a six (5) pack; and that wine coolers
shall not be sold in packages containing less than a four (4) pack.
8. That no evindow signs shall be permitted at any time in order to maintain unobstructed visibility into
the store interior from outside, as recommended by the Police Department.
9. That no coin-operated games shall be maintained upon these premises at any time without issuance
of proper permits as required by the Anaheim Municipal Code.
10. That the area of alcoholic beverage displays, including beer and/or wine displays, shall not exceed
twenty five percent (25%) of the total display area in these premises.
11. That the sale of alcoholic beverages shall not exceed thirty five percent (35%) of the gross sales of all
retail sales during any three (3) month period. The applicant shall maintain records on a quarterly
basis showing the separate amounts of sales of alcoholic beverages and other items.. These records
shall be subject to audit and made available when requested by any City of Anaheim official during
reasonable business hours.
12. That the applicant shall be responsible for maintaining the premises free of litter at all times.
13. That all trash generated from this convenience market shall 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
bins or frequency of pick-up shall be paid by the business owner.
14. That no alcoholic beverages, including beer or wine, shall be consumed on the property.
15. That the parking lot serving the premises shall be equipped with lighting of sufficient power to
illuminate and make easily discernible the appearance and conduct of all persons., on or about the
parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to
unreasonably illuminate the windows of nearby residences.
16. That no pool tables shall be maintained upon the premises at any time.
17. That any tree or other landscaping planted in accordance with prior approvals or previously approved
exhibits for this property shall be maintained as originally approved and shall be replaced in a timely
manner in the event that it is removed, damaged, diseased and/or dead.
18. That the business hours of the subject convenience market shall be limited to 6 a.m. to 12 midnight.
19. That any exterior vending machine shall be located so as not to be visible to any public right-of-way.
20. That the 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 as Exhibit Nos. 1 and 2, except as otherwise conditioned herein.
-3- PC200D-55
21. That approval of this application constitutes approval of the proposed request only to the extentthat 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.
BE IT FURTHER RESOLVED that the conditions of approval of Resolution No. PC97-42,
adopted in connection with Conditional Use Permit No. 3921 and amended by Resolution No. 99R-23,
are hereby superceded, in •.heir entirety, by the above-mentioned Condition Nos. 1 through 21.
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.
May 8, 2000.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
tOrt~inal signed Dy John boos)
CHAIRPERSON PRO TEMPORE,
ANAHEIM CITY PLANNING COMMISSION
ATTEST:
(Original signe" ~~~ ~'argcrita Soloriol
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, 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 May 8, 2000, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOYDSTUN
IN WITNESS WHEREOF, I have hereunto set my hand this day of
.2000.
(Original si ned b
SECRETARY, ANAHEIM CITY PLANNI OMMISSION
-4- PC2000-55
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Conditional Use Permit No. 2003-04693
Requested By: HUNTER'S POINTE HOA
A
0
Subject Property
Date: September 22, 2003
Scale: 1" = 200'
Q.S. No. 204
TO PERMIT A TELECOMMUNICATION ANTENNA AND MICROWAVE DISH ON AN EXISTING
ELECTRICAL TRANSMISSION TOWER AND ACCESSORY GROUND-MOUNTED EQUIPMENT
WITH WAIVER OF MINIMUM FRONT YARD SETBACK.
6920 East Canyon Rim Road
szs
Staff Report to the
Planning;Commission
r October 6, 2003
Item No. 7
7a: CEQA CATEGORICAL EXEMPTION -CLASS I'
7b( '' WAIVER OF CODE REQUIREMENT
7c: CONDITIONAL USE PERMIT NO5 2003-04693 ? (Motion for continuance)
SITE LOCATION AND DESCRIPTION`.
(1) 'This irregularly-shaped 3.05-acre property has a frontage of 545 feet on the south side of
Canyon,Rim Road; a maximum depth of 295 feet and is located 180 feet west of the
centerline of Fairmont Boulevard (6920 East Canyon Rim Road - AT & T Wireless).
REQUEST:
(2) The petitioner requests approval of a conditional use permit under the authority of Code
Section,18.21.050125 to permit a telecommunications antenna and microwave dish on an
`existing electrical transmission tower and accessory ground-mounted equipment with
waiver of minimum front yard setback.
BACKGROUND:
(3) This property is developed with two lattice tower structures on'a Southern California Edison
easement with the remaindeCOf the property consisting of vacant land. In addition; here
!> are two telecommunications facilities located on these lattice towers including twoseparate
ground-mounted equipment shelters, The Anaheim General Plan Land Jse Element Map
designates this property for General Open Space land uses and further. designates'the
surrounding properties as follows: Open'space to the north (across Canyon Rim Road);
Hillside Low DensityResidehtial to the east and west, and Golf Course and General Open
Space to the south.
(4) This matter was continued from the September 22,.2003, Planning Commission meeting in
order for the petitioner to relocate and redesign the accessory ground-mounted
telecommunications'equipmentshelter: Maree Hoeger, representative for the petitioner,
'AT&T Wireless, has'submitted a letter dated September 23;2003, requesting atwo-week
'.`continuance to the October 20; 2003, Planning Commission meeting in'order to finalize
revisedplans.
RECOMMENDATION:
(5) 'Staff recommends that the Commission; by motion; continue this item to the October 20,
-` 2003, Planning Commission meeting es requested by the petitioner.
Sr8651vn
-Page 1
ATTACHMENT - ITEM N0. 7
September 23, 2003
City of Anaheim
Vanessa Norwood
200 South Anaheim Blvd.
Anaheim, CA 92805
Vanessa:
This letter serves to request that the AT&T Canyon Rim/SCE project be
continued to the October 20, 2003, Planning Commission hearing. This will allow
additional time for review of revised equipment shelter plans.
Thank you,
Maree Hoeger
Global Telecom Resources,
Authorized Agent for AT&T Wireless
{949)280-2531
CONDITIONAL USE PER(NIT
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Variance No. 2003-04574
Requested By: NEELAM SHEWA
REQUEST WAIVERS OF: (A) MAXIMUM SRUCTURAL HEIGHT
(B) MINIMUM FRONT YARD SETBACK
(C) MINIMUM SIDE YARD SETBACK
TO CONSTRUCT TWO SINGLE-FAMILY HOMES.
Parcel 1:301 Penny Lane and Parcel 2: 345 Penny Lane
ass
Staff Report to the
Planning Commission
October 6~ 2003
r Item No. 8
8a. ' CEQA CATEGORICAL EXEMPTION -CLASS 3
Sb. ,` ` VARIANCENO 2003-04574 (Motion for continuance)::
SITE LOCATION AND DESCRIPTIONi
(1) Parcel L This irregularly-shaped 0.53-acre property has a frontage of approximately,90 feet on
'the southerly side of Penny Lane, a maximum depth'of 246 feet., and is located 70 feet
'southeast of the centerline`of Mohler Drive`(301 Penny Lane).:';
(2) Parcel 2: This irregularly-shaped 0.78-acre property has a frontage of approximately 220 feet
'on the southerly side of PennyLane, a maximum depth of 246 feet, and is located 160 feet
'southeastof the centerline of Mohler Drive: (345 Penny Lane).
REQUEST:
(3) The petitioner requests to construct two single-familyhomes with waivers'of the following:
(a) SECTION NO. 18.23.062.010 Maximum structural height.
L feet permitted; 41 feet, 4 inches and
38 feet, 2 inches proposed.)
(b) SECTION NO. 18.23.063.010 Minimum front yard setback.
25 feet required; 10 feet proposed.)
(c) SECTION NO. 18.23.063.020 Minimum side'yard setback.
(10 feet. required; 8 feet proposed.),
(4) At the request of the applicant, this item was continued from the September 8;:2003,
Planning.Commission meeting to allow. the applicant time to modify he request to
`include a waiver of;the required improvement to the private street serving the two
'properties (Penny Lane).
(5) Blash Momeny, representative'of the property owner; Mohsen Ghaneiam(has submitted a
letter dated September 10,2003, requesting a continuance to the October 20 2003; Planning 'r
Commission meeting to allow time to prepare documentation associated with this request.
RECOMMENDATION:
(6) That the Commission, by motion, continue this item to the October 20, 2003, meeting as
'fequestedby the petitioner.
Sr50A41r.doc
Page 1
09(10/2003 10:45 9494255001 RE MA}{ PAGE 01
ATTACHMENT - I TEFL id0. 3
` ~`(`
~ S~~ 20
RECElVEO r .
Q¢PART~ ~T
September 10, 2003
John Ramirez
City of ANAHEIM, Planning Department
200 S. Anaheim Blvd., Suite 162, 15t. Floor
Anaheim, CA 92805
Re; Properties at 301 ~. 345 Penny Ln.
Dear John:
Due to some extra studies required, hereby I would like to request for
continuation of the above application to October 2D, 2003 planning commission
meet(ng.
Btash Momer~, Ph.D.
Dir: (949) 425-5041
Ofr: (800) 523-0005 # 174
Cell: (949} 922-9584
Real Estate Services
23120 Alicia Parkway, Sulte 100
Mission Viejo, Callfomia 92692
Office: {949) 425-5000
Faz:(949)425.5001
Website: www.homesoc.com
Fimh Olllce Indeoentlon[Iv Owned ond.0eerntetl
ITEM N0. 9
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Requested By: HARLAND F. SODEN
REQUEST TO ESTABLISH AN ADULT CARE FACILITY.
1147 North Anaheim Boulevard
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VAR 7946-6
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CUP 1931
VAR 2145 S
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® Subject Property
Date: October 6, 2003
Scale: 1" = 200'
Q.S. No. 70
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?e ANAHEIM FULLERTON
~ TOWING
Staff Report to the
Planning Commission
'..October 6 2003
Item No. 9
9a. CEQA CATEGORICAL EXEMPTION -CLASS 1 (Motion)
9b, ' CONDITIONAL'USE PERMIT NO: 2003-04761 ?(Resolution)
SITE LOCATION AND DESCRIPTION:'
(1) This rectangularly-shaped, 0.87-acre property has a frontage of 329 feet on the west side of
Anaheim Boulevard, a maximum'depth of 115 feet and is located 162 feet south of the
centerline of Carl Karcher Drive (1147 North Anaheim'Boulevard)'.
REQUEST:
(2) The petitioner requests .approval of a Conditional Use Permit under authority of Code Section
18:03.030.010 to permit an adult daycare facility.
BACKGROUND:
(3) This property. is developed with asingle-story office building, is zoned CG (Commercial,
General) and Is located'.within the Commercial/Industrial Redevelopment Project (Sub Area 1
-.North Central Industrial Area). The Anaheim General Plan Land Use Element Map
designates this property for General Commercial land uses.
(4) Surcound'mg General Plan Designations are `as follows:
Direction General Plan=Designation
North General Commercial
East across Anaheim
Boulevard General Industrial
South General Commercial
West Community Park Site
PREVIOUS ZONING ACTIONS: -
(5) The following zoning action pertains to this property:
Variance Ne`: 2481 (waiver of (a) number of freestanding signs, (b) distance between
freestanding'. signs and: (c) permitted sign location to permit retention of one existing
freestandingsign)tyas granted, in part, oy the Commission on March 5,:1973.
PROPOSAL:
i (6) The petitioner is requesting approval of a conditional use permit in order to establish a 4,850
square fooNdaycare facility for developmentally disabled adults within an existing 14;195
square foofoffice building for up;to 36 adults and a maximum of10 full-time employees.
(7) The site plan (Exhibit tVo. 1) indicates this proposed use would be located in the middle three
tenant spaces of the office building. Parking areas are located'around the perimeterof the
property,
Sr3044ey
` Page 1'
Staff Report to the
Planning Commission
October 6, 2003
Item No, 9
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View of the subject office building from Anaheim Boulevard
(8) The floor plan (Exhibit No. 2) indicates a 4,850 square foot area consisting of six training
rooms; three administrative offices, reception area, community room and restrooms. This
tenant space was previously utilized as offices for a former probation': department.
(9) Vehicular access to the property is provided via wo driveways from Anaheim Boulevard.
Plansindicate a'total of 55' existing on-site parking spaces for this office building. Code
requires 53 spaces based the following chart:
TOTAL CODE-REQUIRED ', ppRKING
LOCATION USEITENANT' SQUARE PARKING RATIO
'
REQUIRED
FEET (per 1,000
'sq. ft.)
1139 North Anaheim Vacant (Office); 2,963 4 11:6
114T North Anaheim Baca Associates 1,375 4 5.5
1 space, per
OCARC employee'plus 1
1143-1151 North Anaheim (proposed) 4,850 space per 10 15
!clients; plus 1
s ace forloadin
1155 North Anaheim The Test Kitchen 1;876 4 7.5
1161 North Anaheim Poe's Plumbing 2,285 4 9.1
Mechanical Room - 846 4 3.4''
TOTAL 14,195 ~ 53i
,..'Note: The parkingratio for child daycare wasused due. tq operational similarities. '
Page 2
Staff Report to the
Planning Commissidh
OctobeC6, 2003
Item No. 9
(10) The petitioner is not requesting signage for this facility:,The office building does not have any ,
existing signage.
(11) The petitionet has submitted a letter of operation indicating daily hours of operation from 8:30
a;m. to 5 p.mS, Monday hrough Friday, witha maximum enrollmeht of 36 developmentally
disabled adults and 10 full-time staff members. All clients wouldarrive and depart by a public
or private shuttle bus, Daily activities include group exercise, individual therapy including
speech, occupational therapy, cdunseling, games and arts & crafts. All clients would tie off
the premisesj'by 3:30 pm. The petitionef has indicated the facility would be licensed. by the
State Department of Social Services, Community Caro Licensing:
ENVIRONMENTAL IMPACT ANALYSIS:
(12) The Planning. Director's'authorized representative has determined that the proposed project
falls within tfie definition of Categorical Exemptions,: Class 1 (Existing Facilities) of tfie CEQA
Guidelines and is, therefore, exempt from preparingadditional environmental documentation.
GROWTH MANAGEMENT ELEMENT ANALYSISt
', (13) The proposed project has been reviewed byaffected City departments to determine whether
itconforms 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 withinthe scope necessary to requite' a Growth'Management
Element analysis, therefore, no analysis has: been performed.
EVALUATION:
(14) Adult day care is not a listed land use in the Zoning Code and therefore, the Code specifies
`where a use is not authorized or mentioned in any zone throughout the City or ambiguity
exists concerning the appropriate'classification and procedure for the authorization ofa
particular use or type of development witHin the meaning and intent of this code, said'Lse or
type of development maybe authorized by conditional use permit until sucfi time as this code
`is amended in accordance with provisions of this chapterdesignating the properzoneror
procedure by which said use or Type of development shall thereaRer be established°
(15) Staff believes that the petitioner has demonstrated that there is sufficient parking and
passenger loading and'unloadingjareas for this use and that the property and building are
appropriatefor an adult day care facility. Staff recommends approval of this conditional use
permit.
(16) The Commission may wish to note that thisproperty, as part of a joint venture between the
'Anaheim City School District and:The City;of Anaheim;Community Services Department, is
within a larger site being considered for future schooluse. There are currently active efforts
toacquire nearby property for that use, in addition to property that is already owned:by the
City. The petitioner was made aware of thepotentiaf school project during,the Pre-File
application process.
(17) The property. is located: within the Commercial/Industrial Redevelopment Project (Sub Area 1
.North Central Industrial Area).: The Community DevelopmentDepartment has been'
.consulted regarding this request: and concurs with Planning Department staffs
recommendation for approval, provided that the petitioner is aware of the potential purchase
ofthis property for,future schodluse.
Page 3
Staff Report to the
Planning Commission
October 6, 2003
Item No. 9
FINDINGS:
(1$) 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 fisted therein as being a permitted use;
(b) That the proposed use will not adversely affect the adjoining land uses and the growth
'and development of the area in which it is proposed to 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 notdetrimentaf to the particular area`nor
to the peace, health, safety, and general welfare;
(d) That the traffic generated by the proposed' use will not impose an undue burden upon
the streetsand highways designed and improved to carry the traffic in the'area; and<
(e) That the granting of the conditional use permit underthe conditions imposed, if any, .will
not be detrimental tb the peace, health, safety and general welfare of the citizens'of the
City of Anaheim.
RECOMMENDATION:
(19) Staff recommends that, unless additional or contrary information is received during the
hearing, and based upon the evidence submitted to the Commission; including he evidence
presented in this staff report, and oral'and written evidencepresented at the public hearing,
the Commissionaake the following actions:
(a) By motion, determine3hat the project is Categorically: Exempt under Section 15301,
:Class 1 (Existing Facilities) of the CEQA Guidelines.
(b) ey resolution, aoorove Conditional Use Permit No. 2003-04761;: (to permitadult
''daycare) based on the-following:
(i) Thaf the proposed use is properly one for which a conditional use permit is
authorized asah unlisteduse by tfie Zoning Code and that said use is similarto
and compatible with other permitted'and conditionally permitted uses in the CG
Zone.
(ii) Thaf the proposed use would not adversely affect the adjoining office and
industrial land uses nor restrict the growth and'development of the area in which
it is proposed to be located.
(iii) That the size and shape bf the site for the proposed use is adequate to allow the
fulfdevelopmeht of the proposed use in a manner not detrimental to the
particular area hor to thepeace, health, safety, and general welfare:
(iv) Thatthe traffic'generatedbythe proposed use'would not impose an undue
burden upon he streets ahd highways designed and improved to carry traffic in
the area based bn the method of operation whereby clients of the facility would
arrive and depart via shuttle.
Page 4
`Staff Report to the
Planning Commission
October 6; 2003
'Item No: 9
(v) That the granting of the conditional use permit under the conditions imposed,
.would not be detrimental to the peace, health, safetyand general welfare of the
citizens o$the City of Anaheim,
THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS
AN INTERDEPARTMENTAL COMMITTEE'AND ARE RECOMMENDED FOR ADOPTION BY THE
-PLANNING COMMISSION IN THEEVENT THAT-THIS PERMIT ISAPPROVED.
L That the hours of operation for this adult daycare business (for developmentally disabled adults)
shallltie limited o Monday,through Friday, 8:30'a.m. to 5:00 p.m. as stipulated. by the petitioner;
and that the number of clients shall tie limited toS36.
2. That no portable signage shall be utilized to advertise the business. All permanent signage shall
be reviewed and approved by the Zoning Divisioh. Any decisions made by the Division may be
appealed to the Planning Commission as a Reports and Recommentlation item:
3. That due to the change in use and occupancy of the building, plans shall be submitted to the
Building Divisionshowing compliance'with minimum standards of the City of Anaheim. The
appropriate permits shall be obtained for any necessary work and plans shall be prepared: by a
licensed architect.
4. That trash storage areas shall be refurbished to the satisfaction of the Public Works Department,
Streets and Sanitation Division, including the installation of trash enclosure gates, to comply with
approved plans on file with said Department. Such information shall be specifically shown on the '
plans submitted for building permits...
5. That no required; parking area shall tie fenced or otherwise enclosed for outdoor storage uses.
6. That as proposed by the project applicant, all clients served by this facility shall arrive and depart
by public or private bus shuttle.
Z That the project shall provide passenger loading and unloading on-site acceptable to the City
Traffic and Transportation Manager. Such information shall be specifically shown on theplans
submitted for building permits.
8. That the property owner will be required to implement appropriate non-structural and structural
Best Management Practices (BMPs) as specified in the Orange County Draihage Area
Management Pian (DAMP) Appendix G. The selected BMPs shalt be implemented and +
maintained to minimize the introduction of pollutants from entering tte City of Anaheim
stormwater drainage system to the satisfactiorrbf the Public Works: Department, Development
Services Division.
9. That the property shall be permanently maintained in an orderly fashion by providing regular
landscape maintenance, removal of trash or detiris, and removal of graffiti within twenty-four (24)
hours Trom time of occurrence.
10: That 4-foot high address numbers shall be displayed on the roof in a contrasting color to the roof
material. The numbers shall not bevisible from. the view of the street or adjacent and nearby
properties. Said information shall be specifically shown on plans submitted for Police
Department, Community Services Division approval.
11, That subject property shag be 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 Planningbepartmentrnarked Exhibit Nos: 1 and 2 and as conditioned herein.
Page 5
Staff Report to the
Plashing Commission
October 6, 2003
Item No. 9
12. That prior to issuance of a building permi#, prior to commencement of the'activity authorized by
his resolution, or within a periotl of one (1`)'year fromithe date'of this resolution, whichever occurs
'first, Condition Nos. 3; 4, 7, 8 and 10, atiove-mentioned, shall be complied with. Extensions fps
furkher time to complete said conditions may be granted in accordance with Section 18.03.090'df
the Anaheim Municipal Code.
13. That prior to final building and zoning inspections or prior to commencement of the activity
authorized by this resolution, Condition No 11, above-mentioned, shall be oomplied with.
14. That approval of this application''constitutes approval`oF the proposed request only to the extent
ithat it complies witti the Anaheim Municipal ZoningjCode and ahy other applicable City, State and
Federal regulations. 'Approval does not iriclude any action or findings as`to compliance or
approval of the request regarding any other applicable ordinance, regulation or requirement.
.Page 6
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Conditional Use Permit No. 2003-04762 Subject Property
Date: October 6, 2003
Scale: 1" = 200'
Requested By: ONE NINETY-EIGHT ASSOCIATES Q.S. No. 83
REQUEST TO PERMIT A CHURCH USE IN CONJUNCTION WITH AN EXISTING
PERFORMANCE THEATER.
201 East Broadway -Freedman Forum
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Staff Reportto the
Planning Commission ,
October 6 2003
Item No. 10S
10a. s CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) (Motion)
10b. 'CONDITIONAL USE PERMIT NOi`2003-04762 .(Resolution)..'.
10c. `CONDITIONAL USE PERMIT NO: 2144'- DETERMINATION OF
SUBSTANTIAL CONFORMANCE (Motion)
(Tracking No. CUP;2003-04784)
SITE LOCATION AND DESCRIPTION:
(1) Tftis rectangularly-shaped, 1.3-acre property is located at the northeast corner of Broadway
acid 42nd Street, with frontages of 320 feet on the northiside of Broadway and 175 feet on the
east side of42nd Street. (201 East Broadway- Heritage Forum)..:
'REQUEST:
(2) The petitioner requests approval of the following:
Conditional Ilse Permit No. 2003-04762 - td permit a church use in conjunction with an
<existing performingarts theaterunder the authority of Code Section No. 18:44.050.130.
Conditional Use Permit No. 2144:- a determination of substantial conformance with
'previously-approved exhibits to permit the replacement of an existing changeable copy
marquee sign with an'electronicfreaderboard changeable copy sign in conjunction with a
performingarts theater.
BACKGROUND:
(3) This property is currently developed with a 48,873 square foot pertorming arts theatecin the
CL (Commercial, Limited) Zone. The Land`Use Element Map of,the Anaheim General
designates this property for General Commercial land'uses. This property is also located
within the Alpha Downtown Redevelopmen@:Project Area.
(4) Surrounding General Plan designations areas followst
:Direction ` General Plan Designation
North General CommerciallCivic Center
East across Philadelphia
Street General Commercial
South across Broadway Medium Density Residential
West General Commercial
Sr2139ds
Page 1`
Staff Report o the
Planning Commission
October 6 2003
Item No. 10'
(8) The church would operate in conjunction with, and accessory to, the existing. pertorming arts
theater. The submttedletters of'operatioh (attachetl) ihdicate the facility would be usetl
weekly for church activities on Wednesdays. from 7:30 p.m. to 9:30 p.m. and Sundays from 9
a:m. to 1 p.m: and 6 p.m. to 9 p.m!, and two annual 3-day conferences from,9 a.m. to noon for
500 to 800 people. The congregation would' consist of'Q00 members with approximately 650
attending services on Sundays. The theaterwould continue to be utilized for primary non-
church functions such as corporate events, stage plays, musicals; ballets/dances, operas,
orchestras, recitals, or choral concerts, film,'video, or live performance productions, lectures,
cohventions, conferences, and exhibits currently permitted underConditional Use Permit No.
2144. The facility will also continue to be available fora range of non-profitcommunity
meetings for neighborhood groups, clubs and associations, community and civic organizations,
and church groups. The submitted operational information indicates the church activities
would be only one component of a comprehensive program of events. These uses are
currently permitted under the terms and conditions of a Disposition and Development
Agreement (DDA) by and between the Anaheim RedevelopmenfAgency and Moving On
Entertainment. Among other things, the DDA provides'for use restrictions to include an
accessory church use for a maximum of 120 days per calendar year as recently amended and
approved bylthe City Council on September30, 2003.
(9) The petitioner also requests a determination'of substantial conformance to permit the I
replacementlof an existing changeable copy marquee sign with anew electronic readerboard
changeable'copy sign in conjunction with this performing arts theater. The previously-
approved elevation plan for CUP No. 2144, as described in paragraph no:(5), permitted a
wall-mounted 3-foot high by 12-foot wide electronic marquee sign in 1985. Consequently, a
building permit was obtained fora 5-foot by 12-foot changeable copy marquee sign in 1987.
The submitted elevation plan (Exhibit No. 4};shows the proposedaocation of a new electronic
readerboard: sign on the west building elevation near the main entrance facing 42'~ Street.
Tfte sign plan (Exhibit No. 5) indicates a new 5-foot high by 12-foot wide electronic
readerboard! ign with an internally-illuminated, aluminum cabinet metal box. Code permits
marquee and electronic readerboard signsby conditional use permit for certain uses including
churches and theaters:
(10) Parking for the theater'is curtentlyprovided in the City-owned public parking structure''at the
north end of the property across an existing;driveway. `:The theater currently operatesunder
the terms and conditions of a recorded parking lease with the City. Because the parking
structure is also usedby the adjacent office`and civic uses during weekdayoffice hours, the
lease restricts theater'parking from 7 p.m. to midnight on weeknights and 1 p.m. to midnight on
weekentls. Since theparking requiremenffor the proposed church use does not exceed the
requirementfor a live'performance theater,;a parking waiver is not being requested However,
in' order to conduct services on Sunday mornings, the'parking lease would need to be
awarded. Therefore, staff has included a condition ofapproval that requires the hours of
operation to be consistent with the parking ease.
Page 3
Staff Report to the
Planning Commission
October 6, 2003
Item No. 10
ENVIRONMENTAL IMPACT ANALYSIS:
(11) Staff has reviewed the proposal to permit a church in conjunction with', and accessory to, a live
performance theater, and finds no significant adverse environmental`mpacts resulting from
any changes to the existing`project. Therefore, staff recommends that the previously-
approved Negative Declaration in connection with Conditional Use Permit No. 2144 serve as
the required environmental documentation for this request upon a finding by the Commission
that the Negative'Declaration reflects the indepe~dentjudgment of the lead agency and that it
has considered the Negative Declaration together with any comments received during the
publicfreuiew process and further finding on thebasis of the Initial Study (a copy of which'is
available for review in the Planning Department),and any comments received that there isho
substantial evidence that the project will have a;significanteffect on the environment.
GROWTH MANAGEMENT ELEMENT ANALYSIS:
(12) 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 his
projectdoes not fit within the scope necessary to require a Growth Management Element
analysis, therefore, no analysis has been pertormed.
EVALUATIOtJ:
(13) Churcftes are permitted within the CL Zone subject to the approval of a conditional use permit.
The introduction of church activities ihrconjunction with the'.existing live performance theater
wouldnot introduce new or rncreased,impacts not already contemplated under the original
approval of CUP`No. 2144 for the theater. No expansion to the seating capacity is proposed
and church patrons would utilize the,City parking structure similar to usage during theater
events!
(14) The City has invested in new infrastructure, t~ewhousing developments, historic. preservation
projects, and urban office,mixed use,(and commercial developmentslwithin thebowntown
area :This proposal is located within the Alpha. (Downtown) Redevelopment project and
therefore has been reviewed by Community Development=Department staff. They believe. that
the existing performing arts'aheater complements and supports the existing andproposed-
developments in the downtown area rAn accessory churclT use within the existing theater`.
building would be compatible with the'surrounding land uses and would not be in conflict with
the development: goals of the Downtown area; therefore, staff recommends approval of an
accessory church use at this locations'
(15) The proposed electronic readerboard sign wouldbe no larger than the existing S-foot high by
12-foot wide marquee sign originally permitted in 1987. The new sign would face 42nd Street
to the west and would be placed in the same location as the original sign. Moreover, Code
permits electronic readerboard signs,for theaters and churches by conditional use permiNand
such a ign would be appropriate for a live performance theater within the Downtown area;
therefore, staff feels that the new electronic readerboard sign in conjunction with a performing
arts theater substantially conforms to.previously-approved exhibits for Conditional Use Permit
No. 2144.
Page 4 i
Staff Report to the
Planning Commission'
October 6, 2003
item No. 10i
FINDINGS:
(16) Before the Planning Commission grants any conditional use permit, it musf 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 thereinas being a permitted use;
(b) That the proposed use will hot adversely affect the adjoining land uses and the growth
and development of the area in which it is proposed to be Jocated;
(c) That the size and shape of the site for the proposed use is adequate to allow the full
development of=the proposed use ima manner not detrimental to the particulararea nor
to the peace, health, safety, and general welfare;
(d) That the traffic generated by the proposed use will not impose an untlue burden upon
the streets and fiighways'designed and improved to carrylhe traffic in the area; and
(e) That the granting of the conditional use permit under the conditions imposed, if any, will
not tie detrimental to the peace, health, safety'and general welfare of the citizens of the
City of Anaheim:
RECOMMENDATION;
(17) Staff recommends thatunless additional or contrary information is received during the
meeting, and based upon the evidence submitted to the Planning Commission, including the
evidence presented ih this staff report, and'oral and written evidence presented at the;public
hearing, thatthe Planning Commission take the following actions4
(a) By motion, determine that previously-approved Negative beclaration approved in
conjunction with Conditional Use Permit No: 2144 is adequate to serve as the required
environmental documentation for this request:
(b) By resolution, approve Conditional Use Permit No. 2003-04762 (to permit an
accessory church use in conjunctioh with an existing performing arts theater); based
oh the following:
(i) That an accessory church use in conjunction with an existing performing arts
theater is properly one for which a conditional use permit is authorized by the
Zoning Code.
(ii) That an accessory church use in conjunction with an existing performing arts
theater, as proposed and donditioned herein, would not adversely effect the
adjoining land uses and the growthand development of the area in which it is
proposed to be located.
(iii) That the size and shape of the site for3he proposed church use in conjunction
with an existing'performing arts theater is adequate to allow the full
Page 5
Staff Report to the
Planning Commission
Oc4otier 6, 2003:
Item No. 10
development of the property in a manner not detrimental to the surrounding
residential neighborhoods.
(iv) That the traffic generated by an accessory church use in conjunction with an
existing performing arts theater would not impose an' undue burden upon the
streets and; highways'designed'and improved to carry the traffic: in the area.
(v) That the granting of this conditional use permit, under' the conditions imposed,
would not be detrimental to the peace, heath, safety,+and general welfare'of
the citizens of the City of Anaheim.
(c) By motion, approve the request for determination of substantial conformance to
replace an existing'changeable copy marquee sign. with an electronic readerboard
changeable copy ign in conjunction with a performing arts theater, based on the
Commission's concurrence with staff that the proposed sign is substantially in
compliance with previously-approved exhibits for Conditional Use Permit No. 2144,
r and further that a new electronic readerboard sign;would be'appropriate for alive
performance theater within the Downtown area subject to the'stioulation by the
f petitioner that the sion will be in conformance with: Code Section No. 18(05.066 which
pertains'to limitatiohs on sign'illuminatidn so as"not to disturb YesidentiaF land use<'
across Broadway to the south:
THE FOLLOWING CONDITIONS ARE SUBMITTED BYVARIOUS CITY`OEPARTMENTS ACTING AS AN
INTERDEPARTMENTAL COMMITTEE'AND ARE RECOMMENDED FOR ADOPTION BY THE PLANNING
COMMISSION ItJ'THE EVENT THATCONDITIONALUSE PERMIT NO! 2003-04762 IS APPROVED.
1. That all churchractivities shall continue to be in compliance with the terms and conditions of the parking
lease betweenthe City and Moving!On Entertainment dated December 31, 1986, pertaining to usebf
the;City-owned parking structure.
2. Thafthe church use shall be accessory to the live performance theater as approved under Conditional
Use' Permit Noy 2144. Said church'Use shall be limited to 120 calendar daysper year and the hours of
operation shal(be consistent with the above-referenced'parking lease.
3. Thaf4-foot high address numbers shall be displayed on the roof in a contrasting color to the roof
material. The lumbers shall not be visible from the view of the street or adjacent and nearby
properties. Said information shall tie specifically shown'on plans submitted for Police Department,
Community Services Division approval.
4. That no portable signage shall be utilized to advertise the church,
'5. Thafthe proposal shall cpmply with' all signage requirements of the Ct. Zone Unless a variance
allowing sign waivers is approved by the Planning Commission or City Council. Any additional signage
beyond what exists on the date of this resolution shall be'reviewed and approved by the Zoning
Division. Any ecision by staff may be appealed to the Planning Commission as a Reports and
Recommendation item.
6. That the only accessory school activity shall be Sunday school and. this facility shall not6e used as a
private daycare, nursery,?elementary, juniorand/or senior high school.
Page 6
Staff Report to the
Planning Commission
October 6, 2003
Item No. 10 i
7. .That no bells audible from the exterior of the building'shall be permitted.
t3. 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
bf occurrence.
9. That a plan sheet forsolid waste storage and collection and a plan for recycling shall be submitted to
``the Public Works Departmenq'Streets and Sanitation pivision for reviewand approval,
10. That trash`storage areas shall be provided and maintained in a location acceptable to the Public Works
bepartment, 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. Said. information shall be specifically shown on the
plans submitted for Public Works Department, Streets and Sanitation Division approval.
1 L The owner shall implement appropriate non-structural and structural Best Management Practices
((BMP's) which can tie found in he California Stormwater BMP(Handbook' as specified in the Orange
:'County Drainage Area Management Plan!(DAMP), Secticn 7. The selected BMP's shall be
`implemented and maintained to minimize the introduction of pollutants from entering the City of
Anaheimatorm water drainage(system to the satisfaction of the Public Works Department,
Development Services Division! Applicable BMP's can include but are not limited to common area
'litter control, employee training',: housekeeping of loading docks, water efficient irrigation and landscape
'design and maintenance, and trash enclosure maintenance.
12. That subject property shall be developed substantially in accordance withplans and'specifications
r submitted to the Citypf Anaheim by the petitioner and which plans are on file with the Planning
`bepartmeht marked`Exhibit Nos. 1 through 5, as conditioned herein.
13. :That prior tp commencement of the activity authorized by this resolution, or within a period of one (1)
.year from the date of this resolution, whichever occurs first, Condition Nos. 3, 9, 10;:11 and 12
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.
14. That approval of this application constitutes approval of the proposed request only to the extent that it '
complieswith the Anaheim Municipal Zoning Code and any other applicable City, State and Federal
Yegulations. 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.?
ATTACHMENT - ITFM N0, lp
1®van~ ®n Ente~°ta~nrnent
201 E. Broadway Ave. a Anaheim, CA 92805 • (714) 776-7776 a Fax (714) 776-7770
LETTER OF OPERATYON
Moving On Entertainment, Inc., is a non-profit public benefit corporation for the performing arts
located in the city of Anaheim, California. We are the new owners of the "Freedman Forum"
Theater. The "Freedman Forum" presents a range of possibilities as a location venue for special
events. The building consists of two primary components: a 2,500 seat theater in the round and
an attendant lobby and restaurant for catering use. Our facility is approximately 48,230 square
feet, ideal for a corporate venue or concert location.
The fundamental goal of Moving On Entertainment, Inc., is to provide a high quality of
community life for all the people residing in, working in, or frequenting the City of Anaheim.
The theater and entertainment center may be used as a multifaceted use venue to exhibit live
performances including: corporate events, stage plays, musicals, ballets/dances, operas,
orchestra, recitals or choral concerts, the making of films or videotapes of live performances,
lectures, the showing of films or videotapes in connection with; conventions, conferences,
exhibits, and more.
In an effort to promote effective social activity we seek the opportunity of interaction among the
residents of Anaheim and neighboring communities. This involves the complete range of formal
relationships consistent with family life, neighborhood groups, clubs and associations,
community organizations, church groups, and civic participation. In 2003 and beyond, we are
offering special rates to the community and local businesses that want to establish a business
relationship with Moving On Entertainment.
Please keep us in mind when in need of a venue to accommodate your conference, act, or event. I
look forward to working with you in the near future. Please call me to schedule a tour of our
facility at 714-776-7776.
Respecptfu~tly,
~GG~-,"e
Ed Perez
GM/Public Relations Consultant
Moving On Entertainment
Members of the Anaheim Visitor's and Convention Bureaar
CUP N0. 2003 - 0 4 r ~ 2
li~i"ii;: !` I~r,!i7il 1'~.~1~-,."li~ji
201 E. Center Street
Anaheim, CA 92805
714-817-1900 ._
Background
Heritage Family Fellowship is requesting approval to operate and maintain portions of the
48,230 sq ft facility in the "CL zone Commercial Limited" on Sundays and Wednesdays for
Church Use at the Freedman Forum at 201 E. Broadway Avenue, Anaheim, CA 92805. The
Pastor is Dr. Art Aragon. He has been involved in ministry for over twenty-eight years and has
been pastoring Heritage Family Fellowship for twenty-five years. Furthermore, he has been
involved in the management and leadership of non-profit organizations for over twenty-five
years..
Dr. Aragon earned his Masters of Divinity and Doctor of Divinity from Friends International
Christian University in 1993. Currently, he serves as a Board Member on Dr. Ed Durfresne's
Ministers Association. Furthermore, he is the founder of Winning Principles Seminars, where he
teaches on leadership skills, business skills, and how not to miss out on opportunities. Many
rising entrepreneurs as well as business men and women have attended these seminars. Over the
last 25 years he has spoken in seventeen countries and twenty one states as a good will
ambassador and motivational speaker.
Heritage Family Fellowship currently has six hundred fifty(650) members and has been
operating under a contractual agreement with Moving On Entertainment/Hobby Lobby
Corporation. Heritage Family Fellowship is a (501) (c) (3) non-profit corporation.
The applicant will be using the facility during non-peak, non-working hours only. Mid-week
Bible teaching ,lecture, and motivational speaking meetings will only be conducted on
Wednesdays from 7:30 p.m. to 9:30 p.m. Congregational services will be conducted on Sundays
from 9:00 a.m to 1:30 p.m. and some Sunday evenings from 6:00 p.m to 9:00 p.m. Moving On
Entertainment will be renting out the facility during some Sunday evenings for other events. At
no time will church congregational activities be conducted during normal business working
hours. Reference attached schedule "Actual use Report."
The available parking spaces on the adjacent parking should preclude them from causing conflict
with other uses in the complex. The owner, Moving On Entertainment, has a long term lease
agreement with the City of Anaheim. Other type meetings will fall under the category of a
contractual agreement with Moving On Entertainment, which will run consistent with other
organizations seeking a venue for church conference use and/or concert use.
Any further questions should be directed to Dr. Art Aragon or myself at 714-776-4377
Sincerely,
~~~~
Ed Perez
Public Relations Consultant
for Heritage Farrtily Fellowship
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201 E. Broadway Ave. a pnaiieim, CA 92805 e (714)776-7776 • Fax (714) 776-7770
August 28, 2003
Mr. David See, Senior Planner
Planning Department
City of Anaheim
200 S. Anaheim Blvd.
Anaheim, CA 92805
Re: CUP for electronic reader board, signs at the "Freedman Forum" ZOI E.
Broadway Avenue. Anaheim. CA
Deaz Mr. See:
Moving On Entertainment, commonly known as the "Freedman Forum" theater is
requesting a CUP for a an electronic reader board, llluminated Aluminum cabinet sign with
electronic 3' tall message center for theater use on the site location. The organization is
expanding the theater for multifaceted use. We are replacing the old reader board (letter display)
for a new high tech display. This does not change the zoning of the property.
Thank you for your time and sincere consideration for this matter. Should you
have any questions, require additional information, or desire further clarification, please do not
hesitate to contact me at (714) 776-7776. I look forward to hearing from you soon.
Sincerely,
Ed Perez
GM/Public Relations Consultant
Members of the Anaheim Orange County
Visitor & Convention Bureau
cc: Hon. Mayor Curt Pringle
Members of the City Council
David M. Morgan, City Manager
Sheryll Schroeder, City Clerk
Joel H. Fick, Planning Director
Dr. Arthur J. Aragon, Moving on Entertainment
Dennis D. O'Neil, Attomey for Moving On Entertainment
Alton Burkhalter, Attorney for Moving On Entertainment
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CARPETS
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54-55-42
INDUSTRIAL
BUILDING
Conditional Use Permit No. 3732
TRACKING NO. CUP2003-04758
Requested By: VASKIN KOSHKERIAN
BALL ROAD
CL
RCL 76-77-fi0
RCL 64-65-15
CUP 2007
CUP 610
EL TORITO RETTAL
CL
RCL 76-77-60
RCL 64-65-15
56-57-76
CUP 3529
CUP 2145
CUP 610
PACIFIC PLAZ
CL
RCL 7fi-77E0
RCL 64-65-15
5fi-57-76
CUP 2062
CUP 610
BENIHANA
RESTAURANT
CL
RCL 76-77-60
RCL 64-65-15
56-57-76
CUP 610
SAND DOLLAR
FINANCIAL PLAZA
Subject Property
Date: October 6, 2003
Scale: 1" = 200'
Q.S. No. 115
0
REQUEST TO AMEND EXHIBITS TO RAISE THE CANOPY HEIGHT FOR APREVIOUSLY-APPROVED
SERVICE STATION WITH A CONVENIENCE MARKET AND RETAIL SALES OF BEER AND WINE FOR
OFF-PREMISES CONSUMPTION WITH WAIVER OF MINIMUM STRUCTURAL SETBACK ABUTTING AN
ARTERIAL HIGHWAY.
1198 South State College Boulevard
958
Staff Report to the
Planning.Commission
October 6; 2003
Item No: 11
11a. CEQANEGATIVEbECLARATION(PREVIOUSLY-APPROVED) (Motion)
11tir 'WAIVER OP CODE REQUIREMENT i (Motion) ,
11cr CONDITiONAL`USE'PERMITN0.3732 (Resolution).
" (TRACKING NO. CUP2003-04758)
SITE LOCATION AND DESCRIPTION::
(1) This rectangularly-shaped, 0.52-acre property is located at the northeast comer of Ball Road
and State College Boulevard witFi frontages'of 150 feet on both the north sitle of Balf Road
and the east ide of State College Boulevard (1198 South State College Boulevard). S
REQUEST:
(2) The petitioner requests amendments to exhibiks for apreviously-approved service station with
a'convenience market'and retail sales ofbeer and wine for off-premises cdhsumption under
authority of Code Sections 18.03:091, and 18.03.040'with waiver of:
SECTION 18.44.063.010 Minimumrstructural etback abuttino amarterial
hi hwa' (10 feet. required; 0_3 feet existing and
proposed)
BACKGROUND: 'i
(3) This property is developed with an existing 1,817 square-foot service station and
'convenience market with two pump island canopies. The Land Use Element Map of the
Anaheim General Plandesignates this property for General Commercial land uses.
(4) Surrounding. General Plan designations areas follows:
Direction General PlanDesi nation
North, East, and South (across General Commercial
Ball Road
.West (across State College General Industrial
Boulevard
PREVIOUS ZONING ACTIONS:
(5) Conditional Use Permit No. 3732 (to permif the conversion of a service station repairbay
area within an existing service station to amini-market with the off-premises sale and
consumption of beer and wine} was approved by the Planning Commission on January 9,
:1995.
(6) ConditionalUse Permit No. 3150. (to permifa newservice station and a convenience market)
was approved by the City Council on June'20, 1989, following approval by the Planning
:Commission. This permit has expired and is no lohge~ active.
(7) ConditionalUse Permit 123 (to operate a service station) was approved by the Planning
Commission on May 29, 1961.
PROPOSAL:
(8) The agent for the property owner, Andrew Paszterko, requests modification of exhibits to
raise the pump island canopy, height of two existing canopies to accommodate higher profile
vehicles.
Sr5046jr
Page 1
Staff Report to the
Planning Commission '
October 6,`2003
Item No. 11 ;
(9j The letter of request indicates this application is to allow an increase in the height of the two
existing canopies from 13 feet to 14 feet, 6 inches (as measured from:. the underside of the:
canopy}. The petitioner indicates this structural modification is necessary to ensure the
safety of customers at this establishment, as the'canopies fiave beeri`damagedby high
profile vehicles due to insufficient clearance. The petitioner further indicates no relocation or
expansion of the'canopies is proposed, no new signage is'proposed; and no other
construction is proposed as'part of this request. PMinor changes are proposed to the canopy
design as part of the heigh f extensiori`(removal `of gable pitch to be replaced with a more
contemporary flay roof). The total height of the canopies would be 18 feet (as measured to
the top of the canopy).
ENVIRONMENTAL I M PACT ANALYS I S:
(1b) Staff has reviewed the proposal to amend previously-approved exhibits for the service station
and finds no significant adverse environmental impacts resulting from: eny changes to the
existirg project.'Therefore;'staff recommends that the previously-approved Negative
Declaration in connection with Conditional Use Permit No:3732 serve as the required
environmental documentation for this`request upon a finding by the Commission that the
Negative Declaration reflects the Independent judgment df the lead agency and hat it has':
considered the Negative Declaration together with any comments received during the public
review: process and further finding'on the basis of the Initiaf:Study (a Dopy of which is
available for review in the Planning Department),snd any comments received that there is' ho
substantial evidehce that the project will have a significant effect on the environment.
GROWTH MANAGEMENT ELEMENT ANALYSIS:
(11) The proposed project has been reviewed by affected City departments to determine whether
ii conforms to the City's Growth Management Element adopted by the' City Council on March
17, 1992. Basedon City staff reviewof the proposed project, it has tieen determined that this
projectdoes noffit within the scope necessary to require a Growth Management Element
analysis, therefore, no analysis has been performed.
EVALUATION:
(12) The requested waiver pertains to minimum structural setback abutting an arterial highway:;
Code requires a setback of not less than ten. (10) feet in depth, fullylandscaped'as measured
from tfie planned highway right-of--way line designated on'the Circulation Element of the
General Plan. Both Ball Road and State College: Boulevard are primary arterial highways ,:
and this intersection is designated as a critical intersection on the Circulation Element. The
planned highway fight-of-way line for critical intersections for primary arterials is 65-feet
measured from the centerline of eacFi street. As measured from this'planned highway right-
of-way (ultimate right-of-way), the canopy abutting BaII Road has a setback of`3 feet, and the
canopy abutting State College Boulevard encroaches 4 feet. 2 inches into the' ultimate rioht-
of-wav:
(13) At the time the service station was constructed and the location of the'canopies approved
(1961); the ultimate right-of-way at this intersection on both'~streets was located at 53-feet '
from tfie centerline of eachstreet. A subsequent amendment to the Circulation`Element Plan
Map designated the intersection of Ball Road and State College Boulevard as a critical
intersection, resulting in ari'expansiort of the planned ultimate right-of way by arf additional( 12
feet from the centerline of each of these streets.: (from 53-foot half width to 65-foot half width).
Page 2
`Staff Report to the ?
Planning'Commissidh
October 5',' 2003
Item No. 11
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OCT 0 0 2003;. J
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=COMMISSION : QQPNQ. -j $jQ
Current and: proposed right-of-way modifications
(14) InNovembe~ of 2002, the City Engineer approved a modificatioh o the ultimate right-of-way
for critical intersections. This modificationto the ultimate right-of=way is proposed as'part of a
series of recommended changes to the Circulation Element to be included ih the periling
'General Plan Update.' If adopted; this modification would result in a furthermodificaton to
the ultimate'right-of-way from the current half width of 65 feet on' both streets, to a half width
of 69 feet on Ball Road and 58-feet on State College Boulevartl. The new ultimate right-
df-way, if adopted, would result in an encroachment of!1 foot into' he right-of-way for the
canopy abutting Ball Road, and a setback of 2-feet: 10 inches forthe canopy abutting;State
..College Boulevard. In'drder to address this'anticipated encroachment on Ball Road, staff has
included a condition of approval requiring that the property owner enter into'an agreement
that at such time as the critical ~tersection'improvements along BaII Road are initiated, the
owner would bear the cost of relocation of the canopy: and associated impr•ovementsbutside
the public right-of-way:j The petitioner has indicated his consent#o this condition of approval.
.Page 3
Staff Report to the
Planning Commission
October 6, 2003
Item No. 11
(15) The Development Services'bivision of the Public Works Department has indicated that the
design,for critical intersection improvements along State College Boulevard has tarted, and
proposed improvements are funded and anticipated to begin within two years (Summer of
2005).1 However,'critical intersection improvements to Ball'Road have not been'funded and
have ho definitive schedule:.
(16) Staff believes there are special circumstances applicable to the property due to the change in
location of the ultimate right-of-way resulting from the critical intersection designation, At the
time the service station was' constructed, it complied with all development standards and no
waivers were requested. Atlditionally, the dual frontage on`both primary arterials effectively
doubled the impact of the right-of-way change, creating a Hardship for the existing service
station'that does not applyto properties within the vicinity.!. Because of these unique
circumstances and the fact that the canopies would remain'in the same location'as originally
constructed and currently existing, staff is supportive of the'variancerequest.
FINDINGS:
(17) When practical difficulties or unnecessary hardships resultfrom stricfenforcement of the
Zoning Code, a modification may be granted forahe purpose of assuring that no property,
because of special circumstances applicable to,it, shall be :deprived of privileges commonly
enjoyed by otherproperties in the same vicinity and zone. The sole purpose of any code
waiver is to prevent discrimination and none shall be approved which would have the effect of
granting a special privilege hot shared by other similar properties. Therefore, before any
code waiver is granted by the Planning Commission, it shall be shown:
(a) That there are special circumstances applicable to the property'such as size, shape;!
opography; location or surrountlings, which do not apply to other identically zoned
properties in the vicinity; and
(b) That strict application) of the Zoning Code deprives the property'of privileges enjoyed. by
other properties under identical zoning classification in the vicinity.
(18) Subsection 18.03.092 of the Anaheim Municipal Code provides for the modification or
termination of a conditional use permit for one or more of the following grounds:
(a) That the approval was obtained,by fraud;
(b) That the use for which such approval is granted is not being exercised within the time
specified in such permit;
(c) That the use for which such approval was granted has ceased to exist or has been
suspended or inoperative for any reason for a period of six (8) consecutive months'or
more;
(d) That the permit granted is being; or recently has been exercised contrary to the terms
or conditions of suchiapproval, or in violation of any statute, ordinance, law or
regulation;
(e) That the use for which the approval was granted has been so exercised as to be
detrimental.: to the public health br safety, or so as to constitute a nuisance;
(f) That the use for which the approval was granted has not been exerdised, and that
`based upon additional information or due to changed circumstances, the facts
Necessary to supportbne or more of the required showings forahe issuance of such'
entitlement as set forth in this'cfiapter no longer exist; and/or
Page 4
.Staff Report to the
Planning,Commission
October 6;' 2003
Item No. 11
(g) That any such modification including the imposition of any additional conditions
theretpis reasonably necessary to protect the'public peace, health, safety or
genera welfare, or necessary to permit reasonable operation under the conditional
use permit or variance as granted.
' RECOMMENDATION:
f (19) Staff recommends that; unless additional or contrary information is received during the
bearing, and based upon the evidence submitted to the Commission, including the evidence
presented in this staff report, and`oral and written evidence presented at the public hearing,
'the Commission take the following actions:
(a) By motion, determine that tte previously approved Negative Declaration is adequate to
serve:as the required environmental documentation far this: request.
(b) By motion, approve the requested waiver pertaining to minimum structural setback,
based on the following:
(i) That there are special circumstances applicable to the property, due to the
change in ocation of the ultimate right-of-way resulting from the critical
intersection designation. At the time the service station was cohstructed,'it
+complied with all development standards and no waivers were :requested.:
Furthermore, the dual frontageion both primary arterials effectively doubled the
'impact of the right-of-way change, creating a hardship for the existing service
station that does notapply to properties within the vicinity.
(c) By resolution, approve, Conditional Use Permit No. 3732 (TRACKING NO. CUP2003-
04758) to amend exhibits for a previpusly-approved service station with a convenience
market and retaili sales of'6eer and wine for off-premises consumption based dri the
following;
That petitioner's request to amend previously-approved exhibits is reasonably
'necessary'to permit reasonable'operationunder the conditional use permit in
'order to eliminate the.. potential'damage to! he canopies by higher profile vehicles
'Lkilizing the service station pump dispensers.
(d) Staff further recommends the Commission incorporate therconditions of approval
contained in Resolution No PC95-2 into a new resolution with the following conditions
of approval (Coridition Nos; 7, 8, 9, 1b, and 13 are new aridlor modified conditions):
1. That the property owner shall record an unsurbprdinated covenant
agreeing,to remove the pump island canopy and associated improvements
'abutting State College Boulevard at noicost to the City at such time`as the
treet is widened to the width designated on the adopted'Circulation
`Element,Map of the: General :Plan. Said: covenant shall be revievied'and
.approved: as to form by the Public Works Department and'City Attorney.
::Once approved, the covenant shall be recorded in the Office of the Orange
County Recorder. 'A recorded copy shall be submitted to the Public Works
:'Department and Zoning Division.
2. That no beer or wine shall be sold, furnished, or delivered via adrive-up window.
3. ;.That the sales of beer and/or wine shall tie permitted only between the hours of
9 a.m. and 10 p.m.'daily.
'Page 5
Staff Report to the
Planning Commission
October 6,2003
Item No. 11
4t Thatahe quarterly gross sales of alcoholic beverages shall not exceed ten per
cent (10%) of the gross sales of food and/or other commodities sold during the
same period.
5. That there shalt be no exterior advertising of any kind or type, including
advertising directed to the exterior from inside the building, promoting or
indicating the availability of alcoholic beverages.
6. Thafno alcoholic beverages shall be consumed on any property adjacent to the
licensed premises underthe control'of the licensee.
7. That the parking lot serving the premises shall be equipped with lighting of
sufficient power to illuminate antl make easily discernible the appearance
and conduct of all persons on orabout the parking; ot. Said,lighting'shall
be directed, 'positioned and shielded in !:such a 'manner so as not to
unreasonably'illuminate>adjacent properties.
8. Thafbeer shall not be sold in packages containing less than a six (6) pack,
and hat wine coolers shall not be sold in packages containing less than a
four;(4) pack.
9. Thatahe property owner shall record an unsubordinated covenant agreeing
to remove thepump island canopy and associated improvements abutting
Ball Road which may beilocated within the future public right-of-way at no
costao the City at suchtime the street is widened to the width designated
onahe Circulation Element of the Anaheim General Plan. Said covenant
shall~~lbe reviewed and approved as to form by the Puplic Works Department
and City Attorney. Once.. approved, the covenant shall be recorded in the
Office of the Orange County Recorder. A recorded copy shall be submitted
to the Public Works Department and Zoning Division.'
10. That he legal property owner shall submit a letter requesting termination
of Conditional Use Permit No. 3150 (to permit a new'service station and
convenience market) to the Zoning Division:
11. Thatthere shall be no coiri-operated telephones maintained upon or adjacent to
the building at any time (other than those whicfi may exist).
1'2, Thatthere shalt be no coin-operated games maintained do the premises at any
time:'
1!3. Thatsubject property shalt 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
Nos11 through 5, and as conditioned herein.
14. Thatprior to issuance of a building permit, or within one year from the date of this
resolution, whichever occurs first, Condition Nos. 1, 8, 9;and 10,
above-mentioned, shall be complied!with. Extensions for further time to
complete said conditions maybe granted in accordance with Section 18.03.090
of the Anaheim'MunicipalCode.
15. That approval of this application constitutes approval of the proposed request
only to the extent that it complies with the Anaheim Municipal Zoning Code and
any other applicable City; State and Federal regulations. Approval does not
Page. 6
Staff Report to the
Planning Commission
October fi{ 2003
Item Noi 11
include any action or findings as to compliance or approval of the request'
regarding any other applicable o~dinande; regulation or requirement.
Page 7
04:55pm From-
JLVIIV I\'t
PETITIONER'S STATEMENT OF ATTACHMENT - I TEF1 N0. 1 1
JUSTIFICATION FOR VARIANCEICODE WAIVER
(NOT REQUIRE/D~FO(~R PARKING WAVER)
REQUEST FOR WAIVER OF CORE SECTION: l /J ~ 1 ~' ~ ~ 3 t ~~
(A s~rpatom statemen[ is required f r eac}t Code }rivet)
PERTAINING TO: I ~ °~ S S ST~T~ GQI.I~~G /~/~IN tvv~Vh S~~L'CV~~c-l' ~-~('~
Sections 18.03.040.030 and 15.13.060 of the Anaheim Municipal Code require that before any variance or Code waiver may be
gran[ed by the Zoning Adrninistn[or or Planning Commission, the following shall be shown:
That there are special circumstances applicable to the property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical zoning classifica[ion in the vicinity; and
2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges
enjoyed by other property under identical zoning classification in the vicinity.
In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to
arrive at a decision, pleaze answer each of the following questions regarding the property for which a variance is sough[, fully
and as completely as possible. If you need additional space, you may attach additional pages.
Arz there special circumstances that apply to the property in maners such as sizz, shape, topography, location or
sunroundings? Yes _No.
answer is
the
Are the special circumstances th,3r apply to the property different from other properties in the vicinity which art in the
same zone as your property? _/ Yes _ No
If
is different: 1<IS"(1 N~
_~_r. ,~
S
t'T Y
(F-LEIGK~ WlU-~Ti~ Wt`T}ltN ODE )
3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring
properties located within the same zone? • /es _No ,
if your answer if "yes," dzscribe the ecial circurrr~tatrces:
~r v~o~ut,ES s1.1:r~Y~~ vrzlvlt%~roE o~ ~iN~ S~P~~K P~ ~P~~l-
4. Were the-spec' I circumstances created by causes beyond thz control of the property owner (or przvious property
owners)? _ Yes _ No
EXPL,4IN GPrN~PIES W~F f3UI~T P6~ /xPPtlc~3t~ C.~D~/~~ T1ME
The sole purpose of any variance or Coda waiver shall be to prevznt discrimination, and no variance or Code waiver shall be
approved which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone
which i not otherw9se expressly authorized by zone regulations governing subject property. Use variances are not permitted.
~L ~ o j'/o
rgnature of Property Owner or Authorized Agent Date
DECEMBER 12, 2000
CONDITIONAL USE P:ERMITNARIANCE N0.
CUP HQ - 3 15 0
ATTACHMENT - I TEM ~i0. 11
EXISTING CHEVRON STATION
1198 S STATE COLLEGE BLVD ANAHEIM CA 92806
RAISE EXISTING CANOPIES TO A HEIGHT CONSISTENT WITH THE SAFE
OPERATION OF MODERN RECREATIOBNAL VEHICLES
(NO NEW USE, FLOOR AREA, INTENSIFICATION OF EXISTING USE, NO
PRIVILAGE OR ENTITLEMENT NOT ALREADY GRANTED IS REQUESTED)
PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/
CODE WAIVER
(SUPPLEMENTAL SHEET)
1 SPECIAL CIRCUMSTANCES: AT THE TIME SUBJECT CANOPIES
WERE BUILT THEY COMPLIED WITH APPLICABLE DEVELOPMENT
STANDARDS (i.e. setback requirements) NO SPECIAL
PRIVILAGE WAS REQUIRED OR~GRANTED. THEY HAVE BEEN
OFERATIG SINCE THAT TIME WITHOUT ANY SPECIAL PRIVILAGE.
FOR THEIR CONTINUED USE AND SAFE OPERATION IT IS NOW
REQUIRED THAT THEY BE RAISED TO A LEVEL CONSISTENT WITH
MODERN RECREATIONAL VEHICLE CLEARANCE REQUIREMENTS.
THE OWNER/APPLICANT STIPULATES, AGREES AND PROMISEES
THAT IN CASE THE CITY SHOULD ACQUIRE THE ADDITIONAL
RIGHT OF WAY TO WIDEN THE STREETS TO THEIR ULTIMATE
WIDTH THE COST OF THIS PRESENT PROJECT SHALL NOT BE
CLAIMED BY HIM AS PART OF THE FAIR COMPENSATION FOR ANY
TAKING. THE OWNER/APPLICANT STIPULATES AGREES AND
PROMISEES SO EXPRESSLY IN ORDER THAT THE CITY SHALL NOT
BEAR ADDITIONAL BURDEN OR RISK OF HIGHER ROAD WIDENING
COSTS SHOULD THIS REQUEST BE GRANTED.
2 STRICT APPLICATION OF-THE ZONING CODE WILL DEPRIVE THE
PROPERTY OF PRIVILAGES THAT ARE REASONABLY COULD BE
EXPECTED TO ACCRUE TO ALL PROPERTY UNDER IDENTICAL
ZONING CLASSIFICATION IN THE VICINITY AND ELSEWHERE
ruo girt - ; } ~, n
ATTAC 0. 11
A RESOLUTION OF THE ANAHEIM CrtY PLANNING COMMISSION
THAT PETITION FOR CONDTiIONALi7SE'PERMtRW ~E GRANTED
WHEREAS, the Anaheim Ctty Planning Commission d1d receive a verified Petrilon for
Condrilonal Use Permtt for certain real property sttuated in the City of Anaheim, County ~ Orange, State
of CalHomla, described as: '?~
THE SOUTH 203.00 FEET OF THE WEST 203.00 FEET OF THE SOUTHWEST
QUARTER OF SECTION 13, BEING A PORTION OF LOT 41 IN TOWNSHIP 4
SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA,
AS SHOWN ON A MAP RECORDED IN BOOK 2, PAGES 256 AND 257 OF
PATENTS OF LOS ANGELES COUNTY, CALIFORNIA `"~;:y"
.~-;
WHEREAS, the City Planning Cammtssion did hold a public hearing et the CNIc Center
in the Chy of Anaheim on December 12, 1994 at 1:30 p.m., notice of saki public hearing having been duty
gNen as required by law and In accordance with the provisions of the Anaheim Municipal Code, Chapter
18:03, to hear and consider evidence for anti against said proposed condrilonal use permri and to
Investigate and make Mdings and recommendations In connection therew{th; and that Bald public hearing
was continued to the January 9, 1995 Planning Commisslan meeting;
WHEREAS, said Cammisslon, after due Inspection, Irnestigation and study made by ttsetF
and in tts behalf, and after due consideration of ail evkence and reports offered at said headng, does find
and determine the following (acts:
1. That the proposed use Is properly one for which a condttional use pennR is authorized by
Anaheim Municipal Code Section 18.44.050.195 to permtt the conversion of a service station repair bay
area within an existing service station to a mini-market wtth off-premises sale and consumption of beer and
wine.
2. That the proposed use, consisting of a 1,736 sq.(t. mint-market wrih a service station, is
properly one for which a ccndHional use pennri is authorized by the 2oning Code;
3. That the proposed use will not adversely effect the adjoining land uses and the growth artd
development of the area In which tt is proposal to be located;
4. That the size and shape of the srie 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;
t
5. 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;
6. That the granting of the condrilonal use permri under the condttions Imposed, H any, will
not be detrimental to the peace, health, safety and general welfare of the cttlzens of the City of Anaheim;
and
CR227oMS.wp -1- PC95-2
7. That no one Indicated their presence at said public heang In opposhlon;~ artd that no
correspondence was received In opposrilon to the sub)ect pethlon. ~~y,~ - --
T=?
CALIFORNIA ENVIRONMENTAL OUALfTY ACT FINDING: That the Anahejtri Chy Planning
Commission has reviewed the proposal to permh the conversion of a service station repair bay area whhin
en existing aeMce station to a mini-market wrih oft-premises sate and consumption of beerand wln® on
an Irregularly-shaped parcel of tend consisting of approximately 0.52 acre, located at the northeast comer
of Ball Road and State College Boulevard, having trohtages of approximately t50 feet on the north side
of Ball Road end 150 feet on the east side of State l;,ollege Boulevard, aM lurther described as 1198
South State College Boulevard; and does hereby approve the NegatNe Dedarat:on upon flrxling that the
declaration reflects the Independent Judgement of the lead agency and that ft has considered the NegatNe
Declaration together wrih any comments received during the public review process and further flnding on
the bests of the Inrilai study arxi any comments receNed that there is no substantial evidence ghat the
protect will have a signtflcam effect on the environment. ;.
,.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Chy Planning Commission does
hereby gram subject Petition for Condrilonal Use Permit, upon the following condrilons which are hereby
found to be a .necessary prerequlsrie to the proposed use of the subject property In order to preserve the
safety and general welfare of the Chizens of the City of Anaheim: ,. .,,. ,
1. That a plan sheet for solid waste storage and coliectlon and a plan for recycling shah be submitted
to the Department of Maintenance for review and approval.
2. That the sale of prepared food hems shall be prohibited unless five (5) addrilonai on-she parking
spaces are provkled or a parking variance Is approved.
3. That subject property shall be developed substantially In accordance whh plans and specriicatlons
submitted to the Criy of Anaheim by the petriloner and which plans are on (Ile wrih the Planning
Department marked Exhibit Nos. t through 3.
4. That h the applicant does not obtain an alcohoic beverage contrd license whhin one (1) year from
the date of this resolution, the portion of sub)ect condrilonal use permit pertaining to the sale of beer
end wine shall terminate. o K H3C ~+ 305 ~ 3 s 9/er Ty pc 10 '
5. That no beer or wine shall be scid, tumished, or delNered via a drNe-up window.
6. That the sales of beer and/or wine shall be permrited only between the hours of 9:00 a:m, and 70:00
p:m. dally.
7. That the quarterly gross sales of alcoholic beverages shall not exceed ten percent (1096) of the gross
sales of food and/or other commodities sold during the same period.
6. That there shall be no exterior advertising of any kind or type, InGuding advertising directed to the
exterior from Inside the building, promoting or Indicating the avahabhriy of alcoholic beverages.
9. That no alcoholic beverages shall be consumed on any property adjacent to the licensed premises
under the control of the licensee.
2 PC95 2
t0. (a) That the parking lot of the premises shall be equipped wRhl~IlgMing of sufficient power~4o
Aluminate and make easAy discemibte the appearance and conduct o1 g1 persons on tx abotR ` "'
saki parking lot; end s~~
(b) That the lighting In the parking lot shall lie directed, positioned aril shielded In auch,a manner
so es not to unreasonably Acuminate the window areas of any nearby businesses'
11. {a) That, B sold, wine coolers shall be sold on-y In quamftles of a four (4) pack or more; and
(b) That signs shall be prominentiy posted at tho wins storage and the cash register areas reading:
°Wlne coolers maybe purchased on this premises onlyln quantRles of a lour (4) pack or more.°
12. (a) That beer shall be sold only In quantftles of a sbt (6) pack or more; and
(b) That signs shall be prominentiy posted at the beer storage and cash register areas reading;
'Beer msy be purchased on this premises only !n quanN[les of a sbr (6) pack or more.°
13. That there shall be no coin-operated telephones malntalned upon or adJacent to the binding at eny
time (other than those which may currently exist). ;y~+
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14. That [hare shall be no coin-operated games maintained upon the premises at any time.
15. That prior to Issuance of a building permit or within a pedod of one (1) year from the data of this ~;
resolution, whichever occurs first, Condftlon No. 1, above-mentioned, shall be complied wRh.
Extensions for further time to complete saki condftions may be granted in accordance with Section
18.03.090 of the Anaheim Municipal Code.
16. That prior to final building and zoning inspections, Condftlon Nos. 3 and 10, above-mentioned, sftall ~~
be compiled wfth.
17. That approval of this application constitutes approval of the proposed request only to the extent that -~
tt compiles wfth the Anaheim Municipal Zoning Code and any other applicable Clty, State and Federal r
.regulations. Approval does not include any action or flndings as to compliance or approval of the
request regarding any other applicable ordinance, regulation or requirement.
BE IT FURTHER RES6LVED that the Anaheim Clty 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 condftlons heroinabove set forth. Should any such condition, or any part thereof, be ~.
declared Invalkf 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 vokf.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 9, 1995.
(Original signed by Phyllis R. Boydstun)
CHAIRWOMAN ANAHEIM CITY PLANNING COMMISSION
ATTEST:
(Original signed by Margarita Soloriol
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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PC95-2
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss, ~ -;.,
CITY OF ANAHEIM )
I, Margarita Sotorio, Secretary of the Anaheim City Piannln® Commission, doLhereby certffy
that the Ioregoing resaution was passed and adopted at a meeting of the Anahelm_Chy Planning
Commission held on January 9,,1995, by the following vote of the members thereof:
c~ ~;
AYES: COMMISSIONERS: ~BOYDSTUN, HENNINGER, MAYER, TAIT
NOES: ' COMMISSIONERS: CAIDWELL, MESSE, PERAZA
ABSENT: COMMISSIONERS: NONE F
~;,~, ~;
IN WITNESS WHEREOF, 1 have hereunto set my. hand this ~ '"` day"ot
1995. ; r. . , _,
(Original signed Dy Margarita Solorlo)
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
rte.:n. s>
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..t. +~ PC95 2