PC 2003/12/15CITY OF ANAHEIM
PLANNING COMMISSION AGENDA
DECEMBER 95, 2003
Council Chambers, City Hall
200 South Anaheim Boulevard, Anaheim, California
CHAIRPERSON: JAMES VANDERBILT
COMMISSIONERS: GAILEASTMAN, PAUL BOSTW ICK; DAVID ROMERO,
JERRY O'CONNELL, CECILIA FLORES; KELLYBUFFA
CALL TO ORDER
PLANNING COMMISSION MORNING SESSION 10:00 A.M.
• STAFF UPDATE TO COMMISSION ON VARIOUS CITY
DEVELOPMENTS AND ISSUES (AS.REQUESTEp BY ., ',
PLANNING COMMISSION}-_: ''~
• PRELIMINARY PLAN REVIEW FOR.ITEMS ON THE DECEMBER 15;:2003 AGENDA
RECESS TO AFTERNOON PUBLIC HEARING-SESSION
RECONVENE TO PUBLIC HEARING 1:30 P.M.
For record keeping purposes;`if you wish to make.a statement regarding any item oh the agenda, please
complete a speaker card and submit it to fhe; ecretary.`_ _ ~ _
PLEDGE OF ALLEGIANCE - :,
PUBLIC COMMENTS
CONSENT CALENDAR
PUBLIC HEARING ITEMS
ADJOURNMENT
1503.DOC
12-15-03
Page 1
u
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-C on the Consent Calendar will be acted on by one roll call vote. There will. be no
separate discussion of these items prior to the time of the voting on the motion unless members of the
Planning Commission, staff or the public request the item to be discussed and/or removed from the
Consent Calendar for separate action.
1.
A. (a) CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED)
(b) CONDITIONAL USE PERMIT NO. 2002-04537
(TRACKING FILE NO. CUP2003-04792)
William Wilkens, Anaheim Hills Racquet Club, 415 South Anaheim
Hills Road., Anaheim, CA 92807, requests a retroactive extension of
time to comply with conditions of approval for an existing tennis club Project Planner:
with the sales of food and beverages, including alcoholic beverages. (ioramirezl7c anaheim.net
Property is located at 415 South Anaheim Hills Road (Anaheim Hills
Racquet Club). sr5070jrdoc
11.5. 34
B. (a) GENERAL PLAN CONFORMANCE NO. 2003-00032 -REQUEST
TO DETERMINE CONFORMANCE WITH THE ANAHEIM GENERAL
PLAN TO LEASE WAREHOUSE SPACE:
John Beck, OC Health Care Agency, 405 West 5`h Street, Room 610,
Santa Ana, CA 92701, requests determination of conformance with the
Anaheim General Plan for the proposed lease of approximately 2,500
square feet of warehouse space by the County of Orange Health Care Project Planner:
Agency to store emergency materials for the County's Health Care (twhiteCc~anaheim.net)
Agency Disaster Plan. Property is located at 1595 South Sinclair
Street. sr1150tw.doc
Q.S. 117
C. Receiving and approving the Minutes from the Planning Commission
Meetings of December 1, 2003. (Motion)
12-15-03
Page 2
PUBLIC HEARIPIG ITEMS:
2a. CEQA CATEGORICAL EXEMPTION -CLASS 1 Request far
2b. CONDITIONAL USE PERMIT NO. 2003-04755 Withdrawal
OWNER: Taormina Trust, William Cosmo Taormina, 128 West -
Sycamore Street, Anaheim, CA 92805
AGENT: Ryan Wells, MMI Titan, 310 Commerce Drive, Irvine, CA
92602
LOCATION: 201 East Center Street. Property is approximately 0.09-
acre, located at the northeast corner of Center Street and
Claudina Street (Kraemer Building).
To permit and retain aroof-mounted telecommunications facility on an
existing historic building and accessory ground mounted equipment. Project Planner:
(v n o rwo o d~ a n a h e i m. n ei )
Continued from the September 22, October 20 and December 1, 2003,
Planning Commission Meetings. sr5073jr.doc
Q.S. 83
CONDITIONAL USE PERMIT RESOLUTION NO.
3a. CEQA CATEGORICAL EXEMPTION -CLASS 1
3b. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO.
2003-00013
OWNER: HKJ Gold Inc., 4000 Union Pacific Avenue,
Commerce, CA 90023
AGENT: Henry Miller, 99 Cents Only Stores, 4000 Union Pacific
Avenue, Commerce, CA 90023
LOCATION: 3420 West Lincoln Avenue. Property is approximately 6.0
acres, located south and east of the southeast corner of
Lincoln Avenue and Knott Street, located 198 feet east of
the centerline of Knott Street (99 Cents Only Store).
To permit retail sales of beer and wine for off-premises consumption Project Planner:
within an existing grocery store. (evambao(a)anaheim.netl
PUBLIC CONVENIENCE OR NECESSITY sr3056ey.doc
RESOLUTION NO. Q.S. 5
12-15-03
Page 3
4a. CEQA CATEGORICAL EXEMPTION -CLASS 1
4b. CONDITIONAL USE PERMIT NO. 2002-04612
(TRACKING NO. CUP2003-04797)
OWNER: Bel Air Enterprises, Inc., 1300 Quail Street, Suite 108,
Newport Beach, CA 92660 '"
AGENT: Young Park, 2885 West Lincoln Avenue, Anaheim, CA
92801
LOCATION: 2885 West Lincoln Avenue. Property is approximately 1.5
acres, located at the northeast corner of Bel Air Street and
Lincoln Avenue (201 PC BANG).
Request reinstatement of this permit by the modification or deletion of a
condition of approval pertaining to a time limitation (approved on project Planner:
December 17, 2002 to expire December 17, 2003) to retain a computer (evambao(a~anaheim.net)
rental and interne[ amusement (arcade) business.
CONDITIONAL USE PERMIT RESOLUTION NO. sr3054ey.doc
O.S. 12
5a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED)
5b. CONDITIONAL USE PERMIT NO. 4047
(TRACKING NO. CUP2003-04798)
OWNER: Hunters Pointe Homeowner's Association, 14600
Goldenwest Street, #A102, Westminster, CA 92663
AGENT: Susan Fisher Stevens, 6391 Sprint Parkway, Overland
Park, KA 66251
LOCATION: 6900 East Canyon Rim Road. Property is approximately
3.1 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.
Request reinstatement of this permit by the modification or deletion of a
condition of approval pertaining to a time limitation (approved on January
26, 1999 to expire November 9, 2003) to retain a telecommunication Project Planner:
antenna facility on an existing lattice lower (Edison) structure and tioramirez(o7anahem.netl
accessory ground-mounted equipment.
sr5071jrsf.doc
CONDITIONAL USE PERMIT RESOLUTION NO. Q.S. 204
12-15-03
Page 4
6a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED)
6b. CONDITIONAL USE PERMIT NO. 4076
(TRACKING NO. CUP2003-04794)
OWNER: Elvee Inc., 200 West Midway Drive, Anaheim,
CA 92805-6552
AGENT: Barbara Saito, Nextel Communications, 310 Commerce,
Irvine, CA 92602
LOCATION: 200 West Midwav Drive. Property is approximately 6.65
acres, having a frontage of 980 feet on the south side of
Midway Drive, located 400 feet west of the centerline of
Anaheim Boulevard (Anaheim Resort R.V. Park).
Request reinstatement of this permit by the modification or deletion of a
condition of approval pertaining to a time limitation (approved on
December 21, 1998 to expire December 21, 2003) to retain a 52-foot high Project Planner:
telecommunication facility (faux palm tree) with accessory ground- (ioramirez(a~anaheim.net)
mounted equipment..
sr5072jcdoc
CONDITIONAL USE PERMIT RESOLUTION NO. Q.S. 86
7a. CEQA NEGATIVE DECLARATION
7b. WAIVER OF CODE REQUIREMENT
7c. CONDITIONAL USE PERMIT NO. 2003.04796
OWNER: Winheim LLC, 1600 South State College Boulevard,
Anaheim, CA 92806
AGENT: Jack Chyczewski, Winheim LLC, 1600 South State College
Boulevard, Anaheim, CA 92806
LOCATION: 2300 East Winston Road. Property is approximately 8.7
acres, having a frontage of 307 feet on the south side of
Winston Road, located 640 feet west of the centerline of
Sunkist Street.
To permit and retain an outdoor the storage yard with waiver of minimum Project Planner:
number of parking spaces. (evambao(o~anaheim.net)
CONDITIONAL USE PERMIT RESOLUTION NO. sr3055ey.doc
Q.S. 116
12-15-03
Page 5
8a. CEQA CATEGORICAL EXEMPTION -CLASS 1
8b, CONDITIONAL USE PERMIT NO. 1098
(TRACKING NO. CUP2003-04801)
OWNER: Huarte Family Partnership, 5036 Tierra Del Oro, Carlsbad,
CA 92006
AGENT: William Talley, Talley and Associates, Inc., 25241 Paseo de
Alicia, Suite 120, Laguna Hills, CA 92653
LOCATION: 320 North Park Vista Street. Property is approximately
29.5 acres, located at the southeast corner of Park Vista
Street and Jackson Avenue (Rio Vista Mobilehome Park).
Request to amend exhibits for apreviously-approved mobilehome park
and to permit accessory management offices.
CONDITIONAL USE PERMIT RESOLUTION NO.
9a.
9b.
9c.
9d.
9e.
9f.
AND 9e
OWNER: Melvin R. Schantz, 21 Chelsea Point, Dana Point, CA
92629
AGENT: Hossein Zandi, Caliber Motors, 5395 East La Palma
Avenue, Anaheim, CA 92807
LOCATION: Property is approximately 5.7 acres, located at the
northeast terminus of Via Cortez and south of the SR-91
(Riverside Freeway), having a frontage of 161 feet on the
terminus of Via Cortez, located 837 feet north of the
centerline of Santa Ana Canyon Road (No address).
GENERAL PLAN AMENDMENT NO. 2003.00415 - To amend the Land
Use Element Map of the Anaheim General Ptan redesignating the
property from the Hillside Low-Medium Density Residential land use
designation to the General Commercial land use designation.
RECLASSIFICATION NO. 2003-00113 -Request reclassification of the
property from the RS-5000 (SC) (Residential, Single-Family; Scenic
Corridor Overlay) zone to the CL (SC) (Commercial, Limited; Scenic
Corridor Overlay) zone.
CONDITIONAL USE PERMIT NO. 2003-04800 - To permit and construct
an automotive sales dealership with accessory roof-mounted equipment
with a structural height greater than 35 feet with waivers of: (a) maximum
number of wall signs, (b) maximum structural height adjacent to a single-
family residential zone, (c) minimum structural setback adjacent to a
freeway, and (d) required landscape setback adjacent to an interior site
boundary line abutting a residential zone.
GENERAL PLAN AMENDMENT RESOLUTION NO.
RECLASSIFICATION RESOLUTION NO.
CONDITIONAL USE PERMIT RESOLUTION NO.
Project Planner:
tcwaoner ot7anaheim.net)
sr1135cw.doc
O.S. 133
Project Planner:
(avazo uez(a) an a he i m:net)
sr8673av.doc
(mmplans/plan122)
O.S. 185
12-15-03
Page 6
ADJOURN TO MONDAY, JANUARY 12, 2004 AT 10.30 A.M. FOR
A PRESENTATION ON THE BROWN ACT AND
DUE PROCESS BY THE CITY ATTORNEY'S OFFICE AND
PRELIMINARY PLAN REVIEW.
CERTIFICATION OF POSTING
I hereby certify that a complete copy of this agenda was posted at:
11: 3 ~ a• w- • ~e.~,.V.,l.... I o, 2 v o 3
(TIME) (DATE)
LOCATION: COUNCIL CHAMBER DISPLAY CASE AND
d COUNCIL DISPLAY KIOSK
SIGNED: ~w--~I~,
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.
12-15-03
Page 7
SC6-6E®UL.E
2003/2004
DECEMBER 29*
'Meeting cancelled due to a lack of a quorum
JANUARY I2
JANUARY 26
FEBRUARYS
FEBRUARY 23
MARCH 8
MARCH 22
APRIL 5
APRIL 19
MAY 3
MAY 17
JUNE 2 (WED)
JUNE 14
JUNE 28
JULY 12
JULY 26
AUGUST 9
AUGUST 23
SEPTEMBER 8 (WED)
SEPTEMBER 20
OCTOBER 4
OCTOBER 18
NOVEMBER1
NOVEMBER 15
NOVEMBER 29
DECEMBER 13
DECEMBER 27
12-15-03
Page 8
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ALL PROPERTIES ARE IN THE (SC) (SCENIC CORRIDOR OVERLAY) ZONE
Conditional Use Permit No. 2002-04537
TRACKING Np. CUP2003-04792
Requested By: JOHN RAMIREZ
Subject Property
Date: December 15, 2003
Scale: Graphic
Q.S. No. 192
REQUEST FOR A RETROACTIVE EXTENSION OF TIME TO COMPLY WITH CONDITIONS Of
APPROVAL TO AN EXISTING TENNIS CLUB WITH THE SALES OF FOOD AND BEVERAGES
(INCLUDING ALCOHOLIC BEVERAGES).
415 South Anaheim Hills Road - (Anaheim Hills Racquet Club) ma512co3-iz-9)I
__...,..
EOItANDLTN[ ATTACHMENT - ITEM N0. 1-A
CITY OF ANAHEIM
11-07-03
To John Ramirez, Planning From Bill Small, Code Enforcement
tef; IDC inspection at 415 S. Anaheim Hills Rd.
.-, 19
Ext. _
C inspected the property and found it to be in exceptionally good conditiono The burned
but club house has been completely razed. Screening has been placed all along the flood
:ontrol channel on the w/s of the property. Landscaping all around is being maintained,
iycamore trees have been planted abutting Anaheim Hills Rda New tennis courts have been
installeda
C have no open cases at this location. ~
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DErAF;T .ENT .~~
A'" CHNENT - ITEH N0. 1-A
CITY OF ANAHEIM, CALIFORNIA
Planning Department
July 10, 2003
Russell Miller
Wil Wilkens
Anaheim Hills Racquet Club
415 South Anaheim Hiils Road
Anaheim Ca. 92807
Re: Conditional Use Permit No. 2002-04537, and Specimen Tree Removal Permit No. 2002-
00003 and Final Landscape Plans for Conditional Use Permit No. 2002-04537
Mr. Miller and Mr. Wilkens:
This letter is a status/progress of completion of conditions of approval for the above-referenced
permits.
Upon inspection of the property subsequent to our meeting on June 9, 2003, staff observed that
the following conditions of Conditional Use Permit No. 2002-04537 (the "CUP"), Specimen Tree
Removal Permit No. 2002-00003., and Finai Landscaping Plans for the CUP, have not been
completed. As indicated by Condition No. 15 of Conditional Use Permit No. 2002-04537, these
items should have been completed within one year of the date of approval, that is, by June 3,
2003
s
The following conditions of approval related to the CUP, which was approved by Planning
Commission Resolution No. PC 2002-79, have not been complied with;
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: (The trash enclosure has not been constructed)
That the property owner shall submit revised maintenance and indemnity agreements
pertaining to the existing and proposed specimen trees on the property to the City Attorney's
Office for review and approval; and that said agreements shall be recorded with the Orange
County Recorder's office prior to commencement of the activity authorized by this resolution.
(No recorded agreements have been submitted)
That the developer shall provide the following along the west property line of subject property
to screen the tennis club uses and the new driveway from the residential uses on the
opposite side of the Walnut Creek flood control channel; Including that the petitioner shall
obtain approval from the Flood Control District for any improvements which are required on
flood control property. (If the petitioner is unable to obtain the Flood Control District's
approval for the required landscaping andlor fencing improvements, the petitioner shall
request amendment to this condition of approval in connection with a duly noticed public
hearing in accordance with Chapter 18.03.060 "Public Hearings on Petitions" of the Anaheim
Municipal Code.)
200 South Anaheim Boulevard
Z16984jr P.O. Box 3222, Anaheim, California 92803 • (714) 765.5139 • www.anaheim.net
GRUG USE
IS ~~ „
- 2 - July 10, 2003
(b) Plant vines, on maximum three (3) foot centers on the east side of the flood control
channel for the entire length of the property south from La Paz Way. (No vines have---
been planted)
(c) Plant dense bushy trees on maximum twenty (20) foot centers on the east side of the
flood control channel for a minimum distance of two hundred (200) feet.opposite and
perpendicular to the new driveway on Anaheim Hills Road (i.e., for a distance of one
hundred (100) feet to the north, as measured from an extension of the centerline of the
driveway, and one hundred (100) feet to the south, as measured from an extension of
the centerline of the driveway). The trees shall be on the east side of the chain link
fence facing the residences. (No trees have been installed along the east side of the
flood channel)
(d) Install an irrigation system for the new landscaped areas. (No irrigation has been
installed for the new landscaped areas)
15. That prior to commencement of the activity authorized by this resolution or within a period of
one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 2, 3, 4, 7,
8, 18 and 19, herein-mentioned, shall be complied with. (Conditions 4 and 7 have not been
completed within the one year specified -June 3, 2003)
The following conditions of Specimen Tree Removal Permit No. 2002-00003, approved by
the Planning Commission, have not been completed:
1(b) That within a period of one (1) month from the date that the landscaping and
irrigation plans are approved by Zoning Division and Urban Forestry Division staff,
the replacement trees and associated landscaping shall have been properly
planted. (Although replacement trees have been planted, other associated
landscaping and imgation has not been installed)
2. That prior to construction of the new tennis courts approved in connection with.
Conditional Use Permit No. 2002-04537 (which was processed concurrently with
this Specimen Tree Removal Permit), the developer shall meet with Urban
Forestry staff on the premises of subject property to establish a "tree protection
zone" adjacent to the construction area. The developer shall erect a temporary
fence around the protected trees In order to delineate the "zone" where no
construction activities or vehicle traffic shall be permitted. The temporary fencing
shall remain in place until completion of the project approved under Conditional
Use Permit No. 2002-04537 and final building andlor building inspections. (The
temporary fence is in disrepair and falling overAaying on the ground and is
ineffective)
Final Landscape Plans for the CUP were approved at the July 15, 2002, Planning
Commission Meeting, based on the following, which have not been complied with:
(i) That the final landscape plan complies with the requirements stipulated in Condition
No. 7 of Resolution No. PC2002-79 for noting the installation of (a) matching scrim on
the chain link fence located on the east side of the flood control channel, (b) the
planting of vines on 3-foot centers adjacent to the same chain link fence, (c) the
planting of dense bushy trees to provide screening to the residences from the new
driveway on Anaheim Hills Road, and (d) the installation of irrigation for the new
landscape areas on the premises. (Only the scrim has been installed)
-3-
July 10, 2003
(iiJ The final landscape plan shows the precise location of the two new courts and
specifically notes the protection measures (as reviewed and approved by Urban -
Forestry staff) to safeguard the ex(sting trees near the construction zone. (Safeguard
measures/fencing have fallen down)
(iii) That the final .landscape plan indicates traffic calming measures on the premises,
including a marked pedestrian walkway, 90-degree parking spaces and stop signs at
the intersections of the driveways and the public streets (La Paz Way and Anaheim
Hills Road), as required by Condition No. 19 of Resolution No. PC2002-79. (None of
these traffic calming measures have been completed)
As indicated in Condition No. 7 above, "the petitioner shall obtain approval from the Flood Control
District for any improvements which are required on flood control property." This means that it is
your responsibility to fulfill this condition of approval, and if you are unable to obtain the Flood
Control District's approval for the required landscaping andlor fencing improvements, then a
request to the Planning Commission to amend this condition of approval to provide an equivalent
alternative would be required.
Pleased be advised that compliance with conditions of approval for the CUP and the specimen
tree removal permit are independent of the reconstruction of the clubhouse. Staff recommends
that you continue your efforts to complete each item listed above. The maximum time extension
that Staff would recommend to the Planning Commission is 6-months, regardless of the
construction .schedule anticipated for the clubhouse. Additionally, no use of the courts is
permitted until all conditions of approval are complied with and a final zoning inspection
has confirmed compliance.
If you have any questions regarding any of the items indicated above, please feel free to contact
meat (714) 765-5139, extension 5804.
Sincerely,
'1 Cti~
~'
John P. Ramirez
Assistant Planner
City of Anaheim
CC: Greg McCafferty, Principal Planner
Selma Mann, Assistant CityAtttomey
1tTTAGHk1E~ 1-TEt1 fJO.;, }-J1
CITY OF ANAHEIM, CALIFORNIA
Planning Department
June 14, 2002
Russell D. Miller
415 South Anaheim Hills Road
Anaheim, CA 92807
Following is an excerpt from the minutes of the Anaheim City Planning Commission meeting of June 3, 2002.
3a. CEQA NEGATIVE DECLARATION
3b. CONDITIONAL USE PERMIT NO. 2002-04537
3c. PECIMEN TREE REMOVAL PERMIT N0.2002-00003
OWNER: Russell D. Miller, 415 South Anaheim Hills Road, Anaheim, CA 92807
AGENT: Anaheim Hills Racquet Club, Attn: Russell Miller and William Wilkens, 415 South
Anaheim Hills Roed, Anaheim, CA 92807
LOCATION: 415 South Anaheim Hills Road. The property consists of 8.13 acres located at the
southwest corner of La Paz Way and Anaheim Hiiis Road (Anaheim Hills Racquet Club).
CONDITIONAL USE PERMIT N0.2002-04537 - Request to expand an existing tennis club by
constructing three additional tennis courts for a total of 12 courts. (Approved, in part, under Resolution
No. PC2002-79)
SPECIMEN TREE REMOVAL PERMIT N0.2002-00003 -Request for approval of the illegal removal
of seven (7) specimen Eucalyptus trees.
This item was continued from the April 22 and May 20, 2002 meetings. Five people spoke at the April 22,
2002 meeting (one representing the Anaheim Hills Citizens' Coalition) with concerns or opposition regarding
the proposal, and four letters were received voicing concern or opposition; and five people spoke at the June
3, 2002 public hearing (one representing the Anaheim Hills Citizens' Coalition) with concerns or opposition
regarding the proposal, and four letters were received voicing concern or opposition.. Two letters were
received at the April 22, 2002 meeting in favor of the proposal.
ACTION: The Anaheim City Planning Commission has reviewed the request regarding the illegal removal of
seven specimen Eucalyptus trees on an irregularly-shaped 8.13-acre property located at the southwest comer
of La Paz Way and Anaheim Hills Road, having frontages of 44 feet on the south side of La Paz Way and
2,185 feet on the west side of Anaheim Hills Road, and further described as 415 South Anaheim Hills Road
(Anaheim Hills Racquet Club); and that Commissioner Boydstun offered a motion, seconded by
Commissioner Bristol and MOTION CARRIED with 4 "yes" votes (Eastman, Vanderbilt and Arnoid voted
"no"), that the Anaheim City Planning Commission does hereby approve the Negative Declaration upon
finding that the declaration reflects the independent judgment of the lead agency and that it has considered
the Negative Declaration together with any comments received during the public review process and further
finding on the basis of the initial study and any comments received that there is no substantial evidence that
the project will have a significant effect on the environment.
1
Commissioner Boydstun offered a motion, seconded by Commissioner Bristol and MOTION
CARRIED (Commissioners Arnold, Eastman and Vanderbilt voted no), that the Anaheim Ctty Planning
200 South Anaheim Boulevard
P.O. Box 3222, Anaheim, California 92603 (714) 765-5139 vnvw.anaheim.net
OflUG USE
FEPaUSE
Commission does hereby approve, in part, Specimen Tree Removal Permit No. 2002-00003, to require that
28, 36- inch box sized, replacement specimen trees shall be planted, subject to the following conditions:
1. (a) That within a period of one (1) month from the date of this .approval, the developer shall submit a
final landscaping and irrigation plan and a maintenance program to the Zoning Division and Urban
Forestry Division for review and approval.
e That the final landscaping plan shall show a total twenty eight (28), thirty six (36) inch box
sized, specimen replacement trees, with placement of the trees to be as determined by Urban
Forestry staff.
• That additional landscaping shall be included such that all proposed landscaping equals or
exceeds a value of thirty one thousand two hundred ninety dollars 031,290), as determined
and approved by Urban Forestry staff.
• That the final plans shall include information pertaining to the pruning of existing Eucalyptus
trees by a tree service company which employs an International Society of Arboriculture ("ISA")
Certified Arborist; and that all pruning shall conform to the standards developed by ISA.
(b) That within a period of one (1) month from the date that the landscaping and Irrigation plans are
approved by Zoning Division and Urban Forestry Division staff, the replacement trees and
associated landscaping shall have been properly planted.
2. That prior to construction of the new tennis courts approved in connection with Conditional Use Permtt
No. 2002-04537 (which was processed concurrently with this Specimen Tree Removal Permit), the
developer shall meet with Urban Forestry staff on the premises of subject property to establish a "tree
protection zone" adjacent to the construction area. The developer shall erect a temporary fence around
the protected trees in order to delineate the "zone" where no construction activities or vehicle traffic shall
be permitted. The temporary fencing shall remain in place until completion of the project approved
under Conditional Use Permit No. 2002-04537 and final building and/or building inspections.
3. That the developer shall reimburse the City of Anaheim for Urban Forestry staff time spent Inspecting thf
premises to ensure that landscaping has been installed correctly, that pruning has been conducted to
I.S.A. standards, and that construction activities have not impacted nearby specimen Eucalyptus trees.
4. That Urban Forestry staff shall inspect the property twelve (12) months after completion of the project to
ensure that all on-site specimen trees and specimen tree replacement trees have survived and are beinc
properly maintained. Said inspection shall be paid for by the property owner. All corrective measures
requested by staff shall be accommodated in a timely manner, as determined by staff.
5. Proposed Condition No. 5 was combined with Condition No. 1(a).
Sincerely,
Eleanor Fernandes, Secretary
Anaheim City Planning Commission
1
c • . naheim Hills Racquet Club, R. Miller & Wm Wilkens, 415 S. Anaheim Hills Rd, Anaheim, CA 92807
..,
CR5382DM.doc
ATTA' !ENT - ITEt1 N0. 1-A
RESOLUTION NO. PC2002-79
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0.2002-04537 BE GRANTED, IN PART
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California. described ax
PARCEL 1 OF PARCEL MAP NO. 81-727 FILED MAY 24, 1982 IN BOOK 170 PAGES
39 TO 46, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER, COUNTY OF ORANGE, CALIFORNIA.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on June 3, 2002 at 1:30 p.m., notice of said public hearing having been duly given
as required by law and in accordance with the provisions of the Anaheim Municipal 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 that the hearing was continued
from the April 22 and May 20, 2002 meetings; and
WHEREAS, said Commission, after due inspection, investigation and study made by
itself and in lts behalf, and after due consideration of all evidence and reports offered at said hearing,
does rind and determine the following facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Sections 16.03.030 and 18.88.050.052 to expand an existing tennis club with
accessory food, beverage and alcohol sales by constructing three (3) additional tennis courts for a total of
twelve (12).
2. That the proposal is hereby approved, in part, to permit two (2) additional tennis courts
for a total of eleven (11) tennis courts at the existing tennis club with accessory food, beverage and
alcohol sales.
3. That the proposed use, as approved to allow additional two tennis courts with no lighting
at an existing tennis club in the OS(SC) "Open Space-Scenic Corridor Overlay" Zone and including a new
driveway approach from Anaheim Hills Road with proper screening-for nearby residences on the opposite
side of the flood control channel, will not adversely affect the adjoining and nearby residential land uses,
and the growth and development of the area in which it is proposed to be located.
4. That the size and shape of the site for the two proposed additional tennis courts with no
lighting, and under the conditions imposed, 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.
5. That the traffic generated by the proposed use, as approved, will not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in the area; and that the
new driveway approach from Anaheim Hills Road has been reviewed and approved by the City Traffic
and Transportation Manager.
6. That granting this conditional use permit, under the conditions imposed, will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim
CR5374DM -1- PC2002-79
7. That five people spoke at the April 22, 2002 meeting (one represented the Anaheim Hills
Citizens' Coalition) with concerns or opposition regarding the proposal, and four {etters were received`
voicing concem or opposition; and that five people spoke at the June 3, 2002 public hearing (one
represented the Anaheim Hills Citizens' Coalition) with concems or opposition regarding the proposal,
and four letters were received voicing concern or opposition.
B. Two letters were received at the April 22, 2002 meeting in favor of the proposal.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to expand an existing tennis club by constructing three
additional tennis courts for a total of 12 courts on an irregularly-shaped 8.13-acre property located at the
southwest corner of La Paz Way and Anaheim Hills Road, having frontages of 44 feet on the south side
of La Paz Way and 2,1 B5 feet on the west side of Anaheim Hills Road, and further described as 415
South Anaheim Hills Road (Anaheim Hills Racquet Club); and does hereby approve the Negative
Declaration upon finding that the declaration reflects the independent judgment of the lead agency and
that it has considered the Negative Declaration together with any comments received during the public
review process and further finding on the basis of the initial study and any comments received that there
is no substantial evidence that the project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant, in part, subject Petition for Conditional lJse Permit to permit construction of two (2)
additional tennis courts for a total of eleven (11) courts at an existing tennis club with accessory food,
beverage and alcohol sales, upon the following conditions which are hereby found to be a necessary
prerequisite to the proposed use of the subject property in order to preserve the safety and general
welfare of the Citizens of the City of Anaheim:
1. That trash storage 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.
2. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval
showing conformance with the most current versions of Engineering Standard Plan Nos. 436, 601
and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon
be developed and maintained in conformance with said plans. Further, any landscaped areas in the
parking area shall be protected with six (6) inch high concrete curbs.
3. That the existing thirty (30) foot high light standards shall be directed downward to protect the
residential integrity of the area td the west. Said information shall be specifically shown on plans
submitted to the Zoning Division for review and approval. No additional lighting shall be added for
the two (2) most northerly tennis courts.
4. That the property owner shall submit revised maintenance and indemnity agreements pertaining to
the existing and proposed specimen trees on the property to the City Attorney's Office for review and
approval; and that said agreements shall be recorded with the Orange County Recorder's office
prior to commencement of the activity authorized by this resolution.
5. That the tennis facility shall not remain open later than 10:00 p.m., daily.
6. That there shall be no sale or service of alcoholic beverages except to customers engaged in tennis
club activities; and that the recreational activities and service of alcoholic beverages shall cease at
10:00 p.m.
2- PC2002-79
That the developer shalt provide the following along the west property line of subject property to
screen the tennis club`uses and the new driveway from the residences uses on the opposite side of ,- -
the Walnut Creek flood control channel; including that the petitioner shall obtain approval from the
Flood Control District for any improvements which are required on flood control property. (If the
petitioner is unable to obtain the Flood Control District's approval for the required landscaping and/or
fencing improvements, the petitioner shall request amendment to this condition of approval in
connection with a duly noticed public hearing in accordance with Chapter 18.03.060 "Public
Hearings on Petitions" of the Anaheim Municipal Code.)
(a) Install a green scrim material (matching the scrim material used for the tennis courts) on the
west side of the existing chain link fence along the entire length of the west property line south
from L.a Paz Way.
(b) Plant vines on maximum three (3) foot centers on the east side of the flood control channel for
the entire length of the property south from La Paz Way.
(c) Plant dense bushy trees on maximum twenty (20) foot centers on the east side of the flood
control channel for a minimum distance of two hundred (200) feet opposite and perpendicular
to the new driveway on Anaheim Hills Road (i.e., for a distance of one hundred (100) feet to the
north, as measured from an extension of the centerline of the driveway, and one hundred (100)
feet to the south, as measured from an extension of the centerline of the driveway). The trees
shall be on the east side of the chain link fence facing the residences.
(d) Install an irrigation system for the new landscaped areas.
The above-described landscaping and screening information shall be specifically shown on plans
submitted to the Zoning Division for review and approval. Following installation, said landscaping
and fencing shall be properly maintained thereafter in conformance with the approved plans.
That the legal property owner shall submit a letter to the Zoning Division requesting termination of
Conditional Use Permit Nos. 1406 (to establish a private tennis club) and 2466 (to expand an
existing tennis club with on-sale alcoholic beverages).
9. That the approved expansion is limited to two (2) additional tennis courts as shown on Exhibit Nos. 1
and 2, for a total of eleven (11) tennis courts for this tennis club; and that no additional lighting shall
be permitted for the two new tennis courts.
10. That no outdoor vending machines which are visible off-site shall be permitted.
11. That no outdoor pay telephones shall be permitted on the premises.
12. That the "scrim" used for the tennis courts and other fencing shall be continuously maintained In
"like-new" condition.
13. That the existing driveway on La Paz Way shall be retained to allow left-turn movements to and from
the properly.
14. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1, 2, 3, 4, 5 and 6, and as conditioned herein; provided, however,
that the number of parking spaces shat) be limited to the fifty nine (59) existing spaces..
15. That prior to commencement of the activity authorized by this resolution or within a period of one (1)
year from the date of this resolution, whichever occurs first, Condition Nos. 2, 3, 4, 7, 8, 18 and 19,
herein-mentioned, shall be complied with.
-3- PC2002-79
16. That prior to final building and zoning inspections or prior to commencement of the activity
authorized by this resolution, whichever occurs first, Condition No. 1 and 14, above-mentioned;'shall
be complied with.
17. 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.
18. That the applicant shall submit a landscaping plan and final site plan to show the precise locations
and dimensions of the two (2) additional tennis courts in order to ensure that the remaining
specimen trees are protected. Said plan shall be reviewed and approved by the Planning
Commission as a "Reports and Recommendations' item.
19. That the applicant shall meet with the City Traffic and Transportation Manager to create a "traffic-
calming" solution for the existing drive aisle parallel to Walnut Creek Channel and to report back to
the Planning Commission as a "Reports and Recommendations" item.
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 pr unenforceable by the final judgment of any court of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
June 3, 2002.
tOrie;inal signed by Craig Anthony Arnold)
CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
I4riainal sltned Qy El.an.r Feraandeal
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on June 3, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBIL'
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this day of
___, 2002.
lOrj~inal signed 6y Eleanor Fernandes)
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-4- PC2002-79
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General Plan Conformity No. 2003-000 32 Subject Property
Date: December 15, 2003
Scale: 1" = 200'
Requested By: JOHN BECK, ORANGE COUNTY HEALTH CARE AGENCY Q.S. No. 117
REQUEST TO DETERMINE CONFORM ANCE WITH THE ANAHEIM GENERAL PLAN FOR THE '
PROPOSED LEAS E OF APPROXIMATELY 2,500 SQUARE FEET OF WAREHOUSE SPACE
AT 1591 SOUTH SINCLAIR STREET BY THE COUNTY OF ORANGE HEALTH C ARE AGENCY
TO STORE EMERGENCY MATERIALS FOR THE COUNTY'S HEALTH CARE AGENCY DISASTER PLAN .
1591 South Sinclair Street 1to2
ATTACHMENT - R&R 1-B
n.~ COUNTY OF ORANGE V JULIETTE A. POULSON, AN, MN
I eEALTH CI~F~E AGE~VC I DIRECTOR
ALICE L. MANNING
INTERIM DEPUTY AGENCY DIRECTOR
FINANCIAUADMINISTRATIVE SERVICES FINANCIAVADMINISTRATIVE SERVICES
-f,
~iExcellence
~~~itegrity
Service
GA 1254-212
HCA/Disaster Plan -Trailer Storage
November 14, 2003
`~ 'q ,
N,p ~l
PL E E ~~3
DEPARTMENT
Joel Fick, Executive Director of Planning & Community Development
City of Anaheim
Planning Department
200 S. Anaheim Boulevard
Anaheim, CA 92805
SUBJECT: GENERAL PLAN CONFORMANCE
MICHAEL HANSEN
MANAGER
FACILITIES SUPPORT/REAL ESTATE
MAILING AOORESS:
405 W. 5'" STREET, ROOM 610
SANTA ANA, CA 92701
TELEPHONE: (714) 834-5044
FAX: (714) 834.7695
E-MAIL: mhansen®hca.co.oran9e.ca.us
Pursuant to Government Code Section 65402, you are hereby given notice that the County of Orange is
considering leasing approximately 2,500 square feet of storage space in an existing building located at the
1591 South Sinclair Street in Anaheim.
The site will be used to store mobile command post trailers and emergency supplies in the event the
County implements the Health Care Agency Disaster Plan, and the need arises to provide mass
prophylaxis to the local community. Please review this proposal and determine if the use conforms to the
City's General Plan. To simplify processing, you may complete the bottom portion of this letter and
return it to me.
Thank you for your cooperation and prompt attention to this matter. If you have any questions, please call
me at 834-3019.
John Beck
Real Property Agent
Determination:
_YES _NO This project is in conformance with the General Plan of the City of Anaheim.
City of Anahiem: BY:
DATE:
Cc: David Morgan, City Manager
Tony Femulli, Manager, CEO/Real Estate
ITEM N0. 2
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Conditional Use Permit No. 2003-04755 Subject Property
Date: September 22, 2003
Scale: Y' = 200'
Requested By: TAORMINA TRUST Q.S. No. 83
TO PERMIT A ND RETAIN AROOF-MOUNTED TELECOMMUNICATIONS FACILITY ON
AN EXISTING HISTORIC BUILDING AND ACCESSORY GROUND MOUNTED EQUIPMENT.
210 East Center S[reet -Kraemer Building sza
`Staff Report to the
Planning Commission
December 15, 2003`
''Item No:2
2a P CEQA CATEGORICAL EXEMPTION -CLASS 1
2b. <! CONDITIONAL`USE PERMIT N0: 2003-04755 (Motion foF Withdrawal)
SITE LOCATION AND DESCRIPTION`.
l (1) This rectangularly-shaped 0.09=acre property is located at the northeast corner of Center
Street and Claudina Street witfi frontagesof 43 feetbn the north side of Center Street and
93 feet on the east side of Claudina Street (201 East CenteFStreet-Kraemer Building).
REQUEST:
(2) The petitioner requests withdrawal of a conditional use permit to permit a
telecommunications facility ohan existing: historic building and'accesspry ground mounted
equipment.
BACKGROUND: 'c
(3) This property contains a historically significant building constructed in 1924. This 80-foot
?high, 9-story building consists of 32,000'square feet and is developed as'a mixed-use
;project including'office and retail uses on the first floor and residential uses above. This
building is ocated within the Alpha Downtown Redevelopment Project Area and the
Anaheim Colony H(storic District. The Anaheim General Plan Land Use Element Map
?designates this property for General Commercial land uses and further tlesignates the
'surrounding properties as follows: Low-Medium Density Residential to the north (across a
.`public alley); Low-Medium Density Residential to the east; General Open: Space to the
'south (across Center Street) and Generaf Commercial to the west (across Claudina Street),
(4) -This item was continued from the September 22, October 20, and December 1, 2003,
Planning: Commission meetings in orderfor the petitioner to explore alternative locations
''and modified designs for the microwave tlish antennas.
(5) .Ryan Welis, the petitioner representing Nextel Communications, has submitted the
attached a-mail, receivedbecember 9 2003, requesting a`withdrawal of this
::application.
RECOMMENDATION:
(5) That the Commission, by motion, accepf the petitioner's request for withdrawal.
Sr5073jr',
Page 1
ATTACHMENT - ITE11 N0. 2
n Ramirez
From: Wells, Ryan -Contractor (Ryan.Wells@Nextel.com]
Sent: Tuesday, December 09, 2003 10:49 AM
To: John Ramirez
Subject: Nextel CUP for Kraemer Building
John,
Nextel would like to withdraw its application foz the Conditional Use
Permit regarding microwave antennas on the Kraemer Building at 201 E.
'. Center St.
Sincerely,
Ryan We11s
Ryan Wells
Nextel Communications
Ph: 714-231-1541
Fx: 719-368-3592
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DETERMINATION OF PUBLIC CONVENIENCE
OR NECESSITY NO. 2003-00013
Requested By: HKJ GOLD INC.
32 DU
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Subject Property
Date: December 15, 2003
Scale: 1" = 200'
Q.S. No. 5
REQUEST FOR DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY TO PERMIT SALES
OF BEER AND WINE FOR OFF-PREMISES CONSUMPTION WITHIN AN EXISTING GROCERY STORE.
3420 West Lincoln Avenue
to7s
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Staff Report to the -'
Planning. Commission
December 15, 2003<
Item No 3
3a. CEQA OATEGORICAL EXEMPTION-CLASS 1 (Motion)
3b:'' aDETERMINATION OF>PUBLIC CONVENIENCE'.
OR NECESSITY N0: 2003-00013 (Resolution)
SITE LOCATION AND DESCRIPTIONS
(1) This irregularly-shaped 6-acre property is located south and east of the southeast corner of
Lincoln Avenue and`Knott Avenue with frontages of 590 feet on the south side of Lincoln
Avenue, and 249 feet on the east side of Knott Avenue, (3420 West Lincoln Avenue - 99
i Cents Only Store),
REQUEST:
(2) The petitioner requests determination of Public Convenience oc Necessity to permit retail
"sales of beer and wine for off-premisesconsumption'within an existing grocery store.
.BACKGROUND:;
(3) This property is developed with: a commercial retail center, is zoned CL (Commercial,
Limited) and is designated for General Commercial end Medium Density, Residential land
:uses on the Anaheim General Plan Land'Use Element Map. The property is also located
°within the West Anaheim Commercial Co~~idors Redevelopment Project Area.
(4) :Surrounding General Plan land use designations are as follows:
:Direction General Plan Designation
North (across Lincoln
.Avenue (City of Buena Park)
East General Commercial and
Medium Densi Residential
South Medium Densi Residential
West across KnotfAvenue Ci 'of Buena Park
PREVIOUS ZONING ACTIONS:
(5) The following zoning actions pertain to this. property: ! {
(a) Conditional Use Permit No. 39411(to permiten additional tenanPspace within a
commercial retail center with a waiver of minimum number of parking spaces) was
approved by Planning`Commission on July 21, 1997.
(b) Variance No. 2042 (waiver of permitted outdoor uses and maximum area of a
freestanding sign to establish outdoor garden supply,''lumberahd fencing sales in
conjunctioh with a proposed home improvement store) was approved, in;part, by
the Planning Commission on January 13,.1969.
Sr3056ey
Page 1
Staff Report to the
Planning Commission
becember 15,2003
Item No. 3
PROPOSAL:
(6) The petitioner requests Determination of Public Convenience or Necessity for the sales of
alcoholic beverages for off-premises consumption as an'accessoryproduct tothe general
retail sales of an existing grocery store. This retail store is being classified as a grocery`:
store; rather than a general retail establishment, based on the fact that many'of the
products sold are similar to those found at a typical grocery store.
(7) The site plan (Exhibit No. 1) indicates a 22,880. square foot retail store within a commercial
retail'center that also includes a Stater Brothers supermarket, Kragen automotive store and
multiple small'general commercia(tenantsyaces. No new construction is proposed.
(8) The floor plan (Exhibit No 2) indicates the approximate area of proposed beer and wine`
sales would be ocated toward the middle of the store, away from he public entrancesand
not within refrigeration units.
(9) The petitioner requests a finding of public convenience or necessity'so that they may obtain
a Type 20 (off-sale beer and wine) license from the State Department of Alwholic Beverage
Control (ABC) at this location. Because of ahsbove-average crime+rate within the
Reporting District and no€ overconcentration, aidetermination of putilic convenience or
necessity is required from: the City of Anaheim by the Departmentof Alcoholic Beverage
Control (ABC).::
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(10) The,petitioner tas submitted the attached letter of operation indicating that the current
hours of operation are 8 a.m. to 9 pm. (until'10 p.m, on holidays), even days a week, with
no proposed changes. The letter further indicates that the store would not display any r
interior or exterior signage advertising the sale of alcohol` Less than three percent of the
sales floor area would be dedicated to the display of beer and wine and any beer and wine
would be sold warmlunrefrigerated. l
Page 2
:Staff Report to the
Planning Commission
December 15, 2003.':
Item No 3
ENVIRONMENTAL IMPACT ANALYSIS:
(11) The Planning Director's authorized representative has determined that the proposed project
'falls within the definition of Categorical Exemptions; Section 15301, Class1 (Existing
Facilities)„as definedin the State CEQA Guidelines and is, therefore, categorically exempt
from the requirementrto prepare additionaFenvironmental documentation.
GROWTH MANAGEMENT ELEMENT ANALYSIS:
(12) The proposed project has been reviewed by affected' City departmenks to determine
.whether if'conforms with the City's Growth` Managerttent Element adopted by the City
Council on March 17; 1992. Based on City staff review of the proposed project, it has been
"determined that this`project does not fit within the scope necessary to require a Growth
'Management Element analysis; therefore; no analysis has been performed.
EVALUATION:
(13) The petitioner is requesting a Determination of Public Convenience or Necessity to permit
'the retail sales of beer and wine for off-premises consumptiomn conjunction with a 22,880
square foot grocery store. Sales of alcoholic beverages for off-premises consumptidn is a
permitted eccessory'use in conjunction with markets having :15;000 square feet or more of
floor area"
(14) On July 11; 1995, the Anaheim City Council adopted Resolution No. 95R-134 establishing
`procedures and delegating certain responsibilities relating to issuance of licenses by the
Department of Alcofiolic Beverage Control, (ABC) of;the State of California with regard to
applications for licenses which would otherwise be denied but for the issue of whether
public convenience or necessity would be served byssuance of the license and where the
City is responsible under State law to make such determination', the resolution delegates
'such determinations to the Commission with the rignt of appeal (or review) by the City
"Council.
(15) '.Section 23958 of the Business and Professions Code provides that ABC shall deny en
application for a license if issuance of that'license would tendto create a law enforcement
problem or if issuance would result In, or add to, an undue concentration of licenses, except
P when an applicant has demonstrated thaYpublic convenience"or necessity would be served
by the issuance of alicense.
(16) The statement ofjustification for determination of public convenience and necessity{
?submitted by the petitioner (attached) indicates thafthe store would not carry a full stock of
various types of beer: and wine, but a limited variety based on special purchases that would
generally 6e available only at the 99 cents tores. Less than three percent of the sales floor
area would be devoted to alcohol sales and all items would be sold at room temperature.
(17) The property is located within Census Tract No. 869:01, which allows up to 6 off-sale
+licenses based on a'population of 8~978.';Presently; 5 off-salelicenses exist in the census
ract, with: two licenses pending!(including the 99 Cents Only store).
(18) The Police Department has submitted a memorandum dated November 25, 2003, stating
that this property Is located within Reporting District No. 1714, with a crime rate of 3l7
percenf above the. Ciry average: (See reporting district map attachment.)Reporting;
Page 3
Staff Report to the
Planning Commission
Decemberl5; 2003
Item No. 3 '
Districts to the south and east are also above the City-witle average. The reporting districts
to the north and west have crime rates below the City-wide average.
(19) The Police Department responded to 3420 West LincolmAvenue 70 times between
November 1, 2002 and November 6; 2003. These calls consisted of 20 911 hang-up calls,
10 petty thefts'8 disturbances, 5 auto thefts, 2 batteries,;11 burglary alarm calls, 2 found.
property, 3 suspicious person in vehicle, 2 suspicious persons, 2 private party tows, 1
indecent exposure, 1 panhandling, i1 fight, 1 traffic accident injury and 1 burgiary. Of these
responses, 17 reports were taken including 5 petty thefts; 2 auto thefts, 1 found property, 4
private party tows, 3 grand thefts, 1;vehicle recovery and 1 burglaryforce.
(20) The Police Department opposes this request due to the high crime rate of 31.7 percent
above the City average. =The Police'Department has recommended several donditions
pertaining to the operational characteristics of this business that would mitigate the
potentially negative effects that are associated with off-premises beer and wine sales.
Zoning staff feels that many of the operational'characteristics outlined in the petitioner's
letter of operations would'contribute to the safe operation of this business. Some items to
noteare the minimal size'of the display area; the fact that there would be no advertising`bf
alcohol sales inside or outside of the store ahtl'that all tieers and wines would'be sold at a
temperature not conducive to on-site consumption. Based on this information, staff does
not feel that off-premisesisales of beer and wine would have a negative effect on the
surrounding area and therefore, recommends approval of this request for determination of
Public Convenience or Necessity,
RECOMMENDATION:
(21) Staff recommends that unless additional or contrary information is received during the '
meeting, and based upon. the evidence submitted to the:. Planning Commission, including
the evidence presented in this staff report, and. oral and written evidence presented at the
public hearing;that the Commission' ake the following actions:
(a) ; By motion, determine that the project is Categorically Exempt under Section 15301,
Class 1 (Existing Facilities) of the CEQA Guidelines.
(b) By resolution, approve Determination of Public Convenience or Necessity No. 2003-
0001.3: (to permifretail sales of beer and wine for. off-premise consumption within an
existing grocery tore), based on the following:
(i) That the petitioner has demonstrated that fhe sales of beer and wine would
make up avery minor portion of this existing business' retail sales.
(ii) That the accessory sales of beer and winewould not have a negative impact
on the surrounding area due to the proposed operational characteristics
'described,in paragraph no. 20.
(ili) .That the public convenience or necessity would be served because the
petitioner s a discount retailer catering to'a specific clientele and therefore,
the types: of beer antl wine sold at the premises would be limited in variety;
`based upon speclat Bulk purchases made by the retailer with savings passed
'on to the customer. `'
Page 4
Staff Report to the
;Planning. Commission
December 15, 2003
?Item No. 3
THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS
AN INTERDEPARTMENTAL COMMITTEE`AND'ARE RECOMMENDED FOR ADOPTION BY THE,
PLANNING COMMISSION IN THE EVENT THAT THIS PERMIT IS APPROVED.
L `That the sales of beer and wine shall be limited td the hours of 8 a.m. tb,9 p.m., daily.
2. That there shall be no exterior advertising or sign of any kind'or type, including advertising directed
to the exterior from within, promoting dr indicatingjhe availability of alcoholic beverages. Interior
displays of alcoholic beverages or signswhich are clearly visible to the exterior shall constitute a
violation'of this condition.
3. No display of alcoholic beverages shallbe located'outside of a building or within five (5) feet of any
publidetitrance to the building.
4. ' The area. of alcoholic beverage displays`shall not exceed 5 percent of the total display area in the
building and the sales of alcoholic beverages shall be limited to room-temperature; unrefrigerated
r table wine and beer for off premise consumption.
5. Sale of alcoholic beverages sfiall be matle to customers only when the customer is in the building.
6. That no beer and wine shall be consumed on the premises.
7. No person under twenty-one (21) years bf age shall sell or be permittedto sell any beer or wine.
8. That beer' and malt beverages shall not be sold in' packages containing less than a six (5) pack, and
that wine coolers shall not be sold in packages containing Tess than a four (4) pack.
9. The possession of alcoholic beverages in open containers and the consumption of alcoholic
beverages is prohibited on or around these premises.
10, ` The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and
make easily discernible the appearance and conduct of all persons ortor about the parking lot.
1 L There sfiall be no amusement machines, video game devices, or pool tables maintained upon the
j premises at any time.
12. There shall be no public telephones on the property that are located outside the building and within {
the corit~ol of the applicant.
13: The gross sales of alcoholic tieverages,shall not exceed 35 percent of all retail sales during,any
three (3)'month period. The'applicant shall maintain records on a quarterly basis indicating. the
separate' amounts of sales of alcoholicbeverages and other items. These records shall be made
available for inspection by any City of Anaheim official when'~equested
14. Any graffiti painted or marked: upon the' premises dr on any adjacent area under the control df the
j
licensee shall be removed ocpainted over within 24 hours ofbeing applied.
15. The petitioner shallbe responsible for maintaining free of litter the area adjacent to the premises
over which they fiave control;'as depicted. 111
16: That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim bythe petitioner and whicfi plans are on file with the Planning
Department marked Exhibif Nos. 1 and 2, and as'conditidned herein.
Page 5
Staff Report to the
Planning Commission
December 15; 2003
Item No. 3
17. That approval of this application constitutes approval of the proposed request only to the extent that
itcomplies with the Anaheim Municipal Zoning Code and any other applicaple 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, regulatioh or requirement.
Page 6
ATTACHMENT - ITEM N0. 3
MEMORANDUM
Cfty of Anaheim
POLICE DEPARTMENT
DATE:: November 25, 2003
TO: Elaine Yambao
Planning Department
FROM: Sergeant Lozeau
Vice Detail
SUBJECT: 99 Cent Onfy Stores
3420 West Lincoln Avenue
Anaheim, CA 92801
The Police Department received the I.D.C, route sheet for Public Convenience or Necessity
2003-00013. The applicant is trying to establish Public Convenience or Necessity for accessory
off-premises sales of beer and wine.
The location is within Reporting District 1714, which has a crime rate of 317 percent above
average. It is also within census tract 869.01, which has a population of 8,978. This population
allows for 10 On Sale licenses and there are presently 2 (1 of which is permanently suspended
until sold to another location) licenses in the tract. This population also allows for 6 Off Sale
licenses and there are presently 5 active and two pending licenses in the tract.
The census tract boundaries are:
North Lincoln Avenue
South Ball Road
East Western Avenue
West Knott Avenue
Off Sale licenses in the applicants census tract:
3430 W. Lincoln Avenue
3268 W. Lincoln Avenue (ownership transfer pending)
3268 W. Lincoln Avenue
550 S. Knott Avenue
3460 W. Orange Avenue
3454 W. Lincoln Avenue
3420 W. Lincoln Avenue (new license pending)
On Sale licenses in the applicants census tract;
3244 W. Lincoln Avenue (suspended La Clave)
3330 W. Lincoln Avenue
Memorandum
Elaine Yambao
99 Cent Only Stores
Page two
The census tracts surrounding this location are as follows:
North -1102.01 population 7,006
On Sale allowed 8/active 6 Off Sale allowed 5/active 11
(1 pending)
South - 878.01 population 4,890
On Sale allowed 6/active 5 Off Sale allowed 3/active 6
East - 869.02 population 4,921
On Sale allowed 6/active 3 Off Sale allowed 3/active 3
pending 1
West- 1102.02 population 7,757
On Sale allowed 9/active 1 Off Sale allowed 5/active 1
Additional Census Tract information::
North East -1104.02 population 5,299
On Sale allowed 6/active 7 Off Sale allowed 4/active 3
pending 1
North West -1101.10 population 5,704
On Sale allowed 6/active 5 Off Sale allowed 4/active 5
South West-1102.03 population 5,453
On Sale allowed 6/active 1 Off Sale allowed 4/active 2
South East - 878.02 population 6,725
On Sale allowed 8/active 1 Off Sale .allowed 5/active 6
pending 1
The Police Department responded to 3420 West Lincoln Avenue, 70 times from November 1,
2002 -November 6, 2003. The calls consist of 20 911 hang up calls,10 petty thefts, 8
disturbances, 5 auto thefts, 2 batteries, 11 burglary alarm audible calls, 2 found property, 3
suspicious person in vehicle, 2 suspicious persons, 2 private party tows, 1 indecent exposure, 1
panhandling, 1 fight, 1 traffic accident-injury, and 1 burglary just occurred.
Of those 70 responses 17 reports were taken. The reports consist pf 5 petty thefts, 2 auto
thefts, 1 found property, 4 private party tows, 3 grand theft, 1 vehicle recovery, and 1 burglary
force.
The Reporting District to the north of this location is 1614 and has a crime rate of 64 percent
below average. The Reporting District to the south is 1814 with a crime rate of 13 percent
above average. The Reporting District to the west is 1713 with a crime rate of 37 percent below
average. The Reporting District to the east is 1715 with a crime rate of 131 percent above
average.
Memorandum
Elaine Yambao
99 Cent Only Stores
Page three
The Police Department opposes this request due to the high crime rate. If the request for
Public Convenience or Necessity is granted, the Police Department requests the following
conditions be placed on the C:U.P.
1) There shall be no exterior advertising or sign of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of alcoholic
beverages. Interior displays of alcoholic beverages or signs which are clearly visible to
the exterior shall constitute a violation of this condition.
2) No display of alcoholic beverages shall be located outside of a building or within five (5)
feet of any public entrance to the building.
3) The area of alcoholic beverage displays shall not exceed 5% of the total display area in
the building and the sales of alcoholic beverages shall be limited to warm, unrefrigerated
table wine and beer for off premise consumption.
4) Sale of alcoholic beverages shall be made to customers only when the customer is in
the building.
5) No person under twenty-one (21) years of age shall sell or'be permitted to sell any beer
or wine.
6) That beer and malt beverages shall not be sold in packages containing less than a six
(6) pack, and that wine coolers shall not be sold in packages containing less than a four
(4) pack.
7) The possession of alcoholic beverages in open containers and the consumption of
alcoholic beverages is prohibited on or around these premises.
8) The parking lot of 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. Additionally, the position of such lighting shall not disturb the
normal privacy and use of any neighboring residences.
9) There shall be no amusement machines, video game devices, or pool tables maintained
upon the premises at any time.
10) There shall be no public telephones on the property that are located outside the building
and within the control of the applicant.
11) The gross sales of alcoholic beverages shall not exceed 35 percent of ail retail sales
during any three (3) month period. The applicant shall maintain records on a quarterly
basis indicating the separate amounts of sales of alcoholic beverages and other items.
These records shall be made available for inspection by any City of Anaheim official
when requested.
Memorandum
Elaine Yambao
99 Cent Only Store
Page four
12) Any graffiti painted or marked upon the premises or on any adjacent area under the
control of the licensee shall be removed or painted over within 24 hoursof :being
applied.
13) The petitioner shall be responsible for maintaining free of litter the area adjacent to the
premises over which they have control, as depicted.
14)" '" The hours of operation shall be from 8:00 am till 9:00 pm daily.
If further information is required please contact me at extension 1451.
f:thomaMmirwinV2003-00013 99 Cent Only pcn.doc
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ITEM N0. 4
I I
RM-1200 RS-7200
RCL 2002-00081 1 DU EACH
RCL 2000-00038 ° _
(Res. of Int. to RS-A-03,p00) m o° O ~ - --
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RM-1000 CUP 2002-04603 U ~ o TYLER AVE
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(Res. of Int. -- VAR 2832 -r_-~
la RS-A-43,000) I GPA 2002-00405 ,~ ADJ 017
RCL 82-83-04 1 PCN 2002-00008 { ~~ ~ RS-7200
RCL 63-64-110 I VACANT I
CUP 2002-04603 I I ~~ 1 DU EACH
VAR 3306 I rI LI ~
VAR 639 ._J l__~ I I I __ _1 I ~
PCN 2002-00008 I ~ I I T
VACANT POLK AVE
l(,~ RM-1200
i ~ 1 ~~ ,-i Q) RCL 62-63-60
'- ------~ 1 I j I j RS-7200 CUP 348
__ ____..I i. I ~ I I 1 DU EACH LINDALE VILLA
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RCL 62 83004 I I VAR 2832 1 ~ ~ ~ UP 20 0 2-04 63 67 RCL 55-SF36 RM-1200 CL
VAR 3306 I I APTS. I I n cuP 2002-o4s12 cuP --I RGL 67-fie-35
APARTMENTS I I 190 DU lti~ ~ T-cuP 2002-04522. mo2pwa56 ~ VAR 374 56-57-15
CUP 41 e9 p APTS. CUP 2528
1 DU I ~ I I (R(CUP 33221~) CUP 3202 O 65 DU CUP 554
I I' I ~ ~ BEl-AIR CENTER- VACANT A 67-66-35 CUP 554
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70.71-16
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3796 VAR 1561 ~ soma CUP 192 CUP 192 AR 2226 p~>
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iTER MARKET APARTMENTS RM-1200
2 DU 224 DU RM-1200 RCL 70-71-16
75-76-18 VAR 2207
63-64-76 VILLA DEL SO
61-62-66 APARTMENT;
CUP 192 207 DU
VAR 1856
APTS.
52 DU
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Conditional Use Permit No. 2002-04612 Subject Property
TRACKING NO. CUP2003-04797 Date: December 15, 2003
Scale: 1" = 200'
Requested By: BEL AIR ENTERPRISES, INC. Q.S. No. 12
REQUESTS REINSTATEMENT OF THIS PERMIT BY THE MODIFICATION OR DELETION
OF A CONDITION OF APPROVAL PERTAINING TO A TIME LIMITATION (APPROVED ON
DECEMBER 17, 2002 TO EXPIRE DECEMBER 17, 2003) TO RETAIN A COMPUTER RENTAL
AND INTERNET AMUSEMENT (ARCADE) BUSINESS.
2885 West Lincoln Avenue - 201 PC BANG 1D7e
ITEM NOo 4
Staff Report to the
Planning Commission
December 15, 2003s
Item No. 4
4a. CEQA CATEGORICAL EXEMPTION'- CLASS 1 (Motion)
4b: CONDITIONAL'USE PERMIT NO: 2002-04612= (Resolution)
(CUP. TRACKI NG NO. 2003-04797)
SITE LOCATION AND DESCRIPTION:
(1) This rectangulary-shaped 1.5-acre property is locatetl at the northeast corner of BeI Air
`'Street arid' Lincoln Avenue withfrontages of 180 feet: on the north side of Lincoln Avenue
and 20Tfeet on the east side bf Bel AicStreet (2885 West Lincoln Avenue - 201 PC Bang).
REQUEST:
(2) The petitioner requests reinstatement of this permit by the modification or deletion of a
condition of approval pertaining,to a time limitation,(approvedidn December 17 2002, to
expire oh December,l7, 2003) to retain a computer rental and Internet amusement (arcade)
business under the authority of Code Section No. 18:03.093.
BACKGROUND:
(3) This property is developed with,a 15,785 square foot commercial retail center built in 1981,
with 11 tenant spaces and is zoned CL,(Commercial Limited): The Anaheim General Plan
rLand Use Element Map designates this property forLow-Medium Density Residential land
`uses and the property is within he WesfAnaheim Commercial Corridors Redevelopment
Project Area.
(4) .Surrounding Generaf Plan land'use designations are as follows:
Direction `GeneraLPlan
Desi nation
North ' Low: Densit Residential
Low-Medium Density
East `.Residential
General Commercial and
South, across Medium Density
Lincoln Avenue '.Residential
General Commercial and"
West, across Bel Medium Density
Air Street Residential
(5) Conditional Use Permit No. CUP2002-04612 (to permit and retain a computer rental and
intemet amusement (arcade) business) was approved. by the Planning Commission on
October 21;2002, for one year. Review of the Commission's decision was requested by two
City Council'membersand the item was heard before'the Council on December 17; 2002.
The request was approved by the Council, with amended hours of operation, allowing the
business to operate Sunday through Thursday, 10 a.m. to midnight and Fritlay through j
Saturday, 10 a.m. to 2 a.m. City Council Resolution No. 2002R-259 adopted in conjunction
with CUP2002-04612 contains the following condition of approval:
"1`. That the subject use permit shall expire one (1) year from the date of this resolution "
Sf3054ey
Page 1'
Staff Report to the
Planning Commission '
December 15; 2003
Item No. 4 1
DISCUSSION:
(5) Young-Je Park, the business owner; has submitted a request for reinstatement to retain the
computer rental and Internet amusement (arcade) business for artadditionaltthree (3) ;
years. The petitioner also requests a modification of the hours of operation (Condition 1Jo. 2
of Resolution No. 2002R-259) to allow the business to operate withthe following hourx
Sunday-iThursday 10 a.m. to 2 a:m.
Friday-:Saturday 10`a.m. to 4 a.m.
(7) Since the property is directly adjacent to single-family residences, staff would,be concerned
about extending the hours of operation.
(8) In order to demonstrate that the fintlings requited for the'reinstatement of this use have'
been satisfied; the petitioner has submitted the attached: Justification for Reinstatement`
which indicates that no aspect of the nature df the operation hascftanged since the last-
approval, thaf the physical propertyhas remained the same, and tfiat all conditions of
approval pertaining to the. permit have been complied with.
(9) The'Code Enforcement Division has submittetl a memorandum dated November 20, 2003,
regarding the current status of the property. The memorandum documents tfiat the Code
Enforcement Officer discussed all conditions of approval with the business owner at the
time of the inspection and that the petitioner is in compliance with the conditions.
(10) Staff has discussed the hours of operation with the applicant and he has agreed to maintain
the existing hours, based on the fact that staff' js in support of removing the time limitation.
Please note that the original request was to reinstate the permit for!three years, with
extended hours of operation. Since this business has not experienced any ptoblems or
complaints, staff recommends approval of this request for reinstatement, and further, to
delete the condition pertaining to a time limitation.
ENVIRONMENTAL IMPACTANALYSIS: :
(11) The Planning Director's authorized representative has determined that the proposed project
falls within the tlefinition of Categorical Exemptions, Section 15301% Class 1! (Existing ;
Facilities), as defined in the State CEQA Guidelines and'is, therefore, categorically exempt
from the requirement to prepare additional environmental documentation.
GROWTH MANAGEMENT ELEMENT ANALYSIS:
(12) Theproposed project has been reviewed by affected City departments to determine
whether it conforms withthe City's Growth Management: Element adopted by he City ;,
Council on March 17, 1992. Based on City staff review of the proposed project, it has been
determined that this project does not fit within'the scope necessary to require a Growth
Management Element analysis, therefore, no analysis has been pertormed.
'FINDINGS:
(13) Before the Commission grants anyconditionaf use permit, it must make a finding of facC that
the evidence ptesented shows thaf'all of the following conditions exist:
Page 2
'Staff Report to the
Planning`Commissibn
December 15, 2003 ,'
Item No. 4
(a) That the proposed use is properly one for which a conditional use permit is authorized
by the Zoning Code, orlhat said use is not listed therein: as being a permitted use;
(b) That the proposed use will not adversely affectthe 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 particulararea
nor to the peace, health; safety, and, general welfare;
(d) Thatthe traffic generated by the proposed use:wilt not impose an undue burden upon
thestreets 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 he peace, health, safety and general welfare of the citizens
of the City of Anaheim.
(14) Subsection 18.03.093.040 of the Zoning Code requires that before the Commission'grants
reinstatement of the approval by extension, modification or deletion, theapplicant must
present evidence to establish the following: findings:
(a) The facts necessary to support each and every required showing for the issuance of
such`entitlement as sef forth in this'chapter exist;
(b) Saidpermit is being exercised substantially in the same manner and in conformance
with all conditions and stipulations originally approved by he approval body;
(c) Said permit is tieing 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
(d) With(regard only to any deletion of a time limitation, such: deletion is necessary to
permit reasonable operation under: the permitas granted.!
RECOMMENDATION:
(15) Planning Departmentstaff 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 evidence
presentediat the public hearing'that the Cbmmission ake the following actions:
(a) Bymotion, determine that the project is Categorically Exempt under Section 15301,
'Class 1 (Existing Facilities) of the CEQA Guidelines.
(b) By Yesolution> a rove reinstatement of Conditional Use Permit No. 2002-04612 i
(Tracking Na CUP 2003-04797) to retain a cbmputerrental and Internet amusement
(arcade) business without a time limitation, based on the following:
(i) , That this: permit has been substantially operated in the same'manner as
originalty approved by the Commission. Code Enforcementi Division has
inspected the premises and has determined that the business is currently in
Page 3
Staff Report to the
Planing Commission
Dedember 15j 2003
Item No. 4
compliance with all applicable conditions of approval.
(ii) That the permit is currently being exercised in a manner not detrimental to the
particular area and surrounding land uses.
(iii) That there have been no changes(to the applicable zone standards that would
invalidate the findings: that were the basis for the original approval of this permit.
(c)) Staff further recommends that the Commission incorporate the conditions of
approval contained in Resolution Na 2000R-259 into a new resolution which
includes the following conditions of approval based on the finding thaYthe
modification is necessary to permit the reasonable operation of this computer rental
and Internet amusement (arcade) business:
1. That the hours of operation shall be limited to the following:
Sunday through;Thursday: '; '- 10 a.m: to 12 midnight
Friday and Saturday: 10 a.m: to 2 a.m.
2. That there shall be a minimum of two employees on site during operating hours.
3. That the number of computer workstations shall be limited to thirty-three (33).
4. That no exterior vending machines visible off-site shall `be permitted.
5. That no food shall be prepared on=site.
6. That no alcoholic beverages shall be consumed or sold on the premises.
7. That minors may not enter or remain in the establishment on any weekday
between 8 a:m. and 3 p.m. This restriction shall not apply on any;school
vacation daybr holiday`as established by any publicbr private school,
kindergarten'ahrough'grade twelve, operating within one mile of this site.
Adtlitionally,;minors may not enter. or remain in the establishment after 9 p:m.
oa any day of the week: Notice of the above'-stated prohibition relating to tfie
presence of minors shall be posted by the owner/operator at the'entrance in
lettering at east two (2) inches in heighk?fiis prohibition shall not apply when a
minor is accompanied by a parent or guardian (with the guardiar being able to
authenticate guardianship).
8. That the interior of the business shall be adequately illuminated to make easily
discernible the conductof patrons within the premisesi
9. That the computer stations shall be open and observable to empldyees at all
times and no partition walls shall be permitted.
10. That all windows and entrances into the business shalt be clear and
unobstructed, so as to allow an unimpaired'line of sight by a peace officer into
the interior of the business duringbusinesshours.
11. Tftat there shall be no seating areas or tables other than the computer
workstationsand waiting/lobby area as shown on Exhibit No. 2.
Page 4
'Staff Report to the '
Planning Commission
December 15, 2003<
Item No: 4
12. That trash storage areas shag be maintained in conformance with approved
plans on file with the Public. Works Department
13. That all applicable City permits required by Title 3 (Business Licenses) and Title
4 (Business Regulation) shall be obtained from the City ofAriaheim, Business
License Division'of the Finance Department.
14.` That all signs shall oonform to the CL (Commercial Limited) Zone. Any
additional signage shall be subject to review and approval by the Zoning
Division: Any decision by the Zoning Division may be appealed to the Planning
Commission for review and approval as a "Reports and Recommendations"
item.
15: That the subject property shalt be developed substantially in accordance with
plans end specifications submitted to the City of Ahaheim by;the petitioner and
' which plans are ofifile with the Planning-0epartment marked Exhibit Nos. 1
and 2 and as conditioned herein.
16:' That there shall be'a camera/video surveillance recording system capable of
delineating, on playback of the system, the activity and physical features of
persons'or areas within the premises. The system shall cover all entrances
and exit points, in and about he premises, the property directly adjacent to the
entry and exit doors, and all jhterior spaces. The system shall be subject to
inspection by the City during business flours any day of the week. The'system
shall be maintained in good working order at all times.
17: That at least one (1)state-licensed secu~iry guard shall be oh'the business
premises at all times, seven days a week, during he hours of darkness:
18: That approval of this application constitutes approval of the proposed request
only to the extent that it complies with the Anaheim MunicipatZoning Code and
any other applicable City, State and Fetleral regulations. Approval does not
include eny action or findings as to compliance or approvatof the request
regarding any other applicable ordinance, regulation or requirement.
Page 5
ATTACHMENT - ITEM N0. 4
MEMORANDUM
CTfY OF ANAHEIM
Code Enforcement Division
DATE: NOVEMBER 20, 2003
TO: ELAINE YAMBOA, ASSISTANT PLANNER
~-~
FROM: CHRIS MARTEL CODE ENFORCEMENT OFFICER
SUB7ECT: 2885 W. LINCOLN AVE. CONDITIONAL USE PERMIT REINSTATEMENT
(CUP 2002-04612)
On November 11, 2003 I made an inspection of the property located at 2885 W. Lincoln Ave.
The business owner is requesting reinstatement of Conditional Use Permit 2002-04612 for an
existing Internet cafe with thirty-three (33) workstations.
The owner of the business was present at the time of my inspection, and together we discussed
all the conditions of the reinstatement, which aze all being met at this time.
Please feel free to contact me if you have any questions at ext. 4476.
C1M
2885 w lincoln ave cup.dac
ATTACHMEfJT - ITEM N0. 4
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: -
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:
18.03.03D (Relative to Conditional Use Permits)
Before the City Council or Planning Commission may grant any request for a conditional use permit, it must make a
finding of fact, by resolution, that the evidence presented shows that all of the following exist:
.031 That the proposed use is properly one for which a conditional use permit is authorized by this code, or is not
• 'GSted herein as beinga 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 be located; "' ' '
.033 That the size and shape of the site proposed for the use is adequate to alloy: 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 Thal the traffic generated by the proposed use will not impose an undue burden upon the streets and
highways designed and improved to carry the traffic in the area;
.035 That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to
the peace, health, safely ,and general welfare of the citizens pf the City of-Anaheim; ,
18:03.040 (Relative to Variances)
Before any variance may 6e granted by the Planning Commission it shall be shown:
.031 Thal there are special circumstances applicable to the property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical zoning classification in the vicinity;
.032 That, because of special circumstances shown fn .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 variahce Is being' exercised in a manner not de)rmental to the particular area and surrounding land
uses, nor to the public peace, health, safety and general welfare; and ' ~ ' ' ' "
With regard only to any deletion of a time imitation, 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 answei the following questions fully and as complete as pbssfble. Attach additional sheets if additional
space is needed.
Has any physical aspect of the property for which this use permit or variance been granted changed significantly
since the issuance of this use permit or variance? ^ YES ~1` NO
Explain: i1o ~IErtJIFtcAA"T c+~aaES NAVE 6EEfJ MftD>: P~F~,IDES
'(N051; QBQI,~~ Piz' 'fHE CoNDI'Gf7h1~RL (d5E PE(z~il"f
Ct~•AN'CFi() 1•Ir•r P-~MWRL l7F li~'f~RaOR PAR"111~O1J WALL
(over)
2ooy^vy~12
CASE NO.
2. Have the land uses in the immediate vicinity changed since the issuance of this use permit or variance?
^ YES ~I NO
.............
Explain:
3. Has any aspect of the nature of the operation changed .since the issuance of this use permit or variance?
^YES I~NO``A- ",
Explain: 1~1~~u~ ~F 't~E ~~~~{~14 ~MAIt~s ~l; ~M~ CvINt;E 'C}'I$
uaaUrtNCE 17E '(HE C,7N~'GFnNftL USE P~RMI-t.
4. Are the conditions of approval pertaining to the use permit or variance being complied with? YES ^ NO
Explain: ~ftl-~. COt,DI"(IVr1S 1-~A~IE ~E6~~ Cpty~7LlE~'I W1'ti~l•
5. If you are requesting a deletion of the time limitation, is [his deletion necessary for the continued operation of this use
or variance? ^YES ^-1NO ~~A
Explain: ~EV~~101`t OF 'ME 'GME UMITA`tlorl Is rloT Q~eING-, QeGn+r~~J.
'(our~F -JE PAf~
Name of Property Owner or Authorized Agent (Please Print)
~/ `fir "". /1 //" . ~..c--~ i E •- y, / - ° j
Signatur of Property Owneror Authorizetl Agent D tT~
CASE
Z06225JICWC 12/9.7
2
ATTACHF1ENT - ITEF1 N0. 4
RESOLUTION NO. 2002R-259
1`srL~,~ ~
~~~ I a3
~I~ ~
~~
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 2002-
04612 FOR A PERIOD OF ONE YEAR TO
EXPIRE DECEMBER 17, 2003.
WHEREAS, the
Anaheim did receive an
to permit and retain a
(arcade) business upon
City of Anaheim, Count
described as:
City Planning Commission of the City of
application for a conditional use permit
computer rental and Internet amusement
certain real property located within the
~ of Orange, State of California, Legally
PARCEL 1, AS PER MAP RECORDED IN BOOK 143,
PAGE 31 OF PARCEL MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY; 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. PC 2002-162 granting
Conditional Use Permit No. 20D2-04612 for aperiod of one year;
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 consi-
deration 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that, for the reasons hereinabove stated,
Conditional IIse Permit No. 2002-04612 be, and the same is
hereby, granted for a period of one year to permit and retain a
computer rental and Internet amusement (arcade) business on the
hereinabove described real property, subject to the following
conditions:
1. That the subject use permit shall expire one (1) year
from the date of this resolution.
2. That the hours of operation shall be limited to the
following:
Sunday through Thursday: 10 a.m. to 12 midnight
Friday and Saturday: to a,m. to 2 a.m.
3. That there shall be a minimum of two (2) employees on
site during operating hours.
4. That the number of computer workstations shall be -
~~~L~ limited to thirty three (33). Said information shall be
((!!~~ specifically shown on plans submitted to the Zoning Division for
review and approval.
5. That no exterior vending machines shall be permitted
which .are visible off-site.
6. That no food shall be prepared on-site.
7. That no alcoholic beverages shall be consumed or sold
on the premises.
8. That minors may not enter or remain in the
establishment on any weekday between a a.m. .and 3 p.m. This
- restriction shall not apply on any school vacation day or holiday
as established by any public or private school, kindergarten
through grade twelve, operating within one (1) mile of this site.
Additionally, minors may not enter or remain in the establishment
after 9 p.m. on any day of the week. Notice of the above-stated
prohibition relating to the presence of minors shall be posted by
the owner/operator at the entrance in lettering at least two (2)
inches in size. This prohibition shall not apply when a minor is
accompanied by a parent or guardian (with the guardian being able
to authenticate guardianship).
\~~ 9. That the interior of the business shall be adequately
/~ ~i uminated to make easily discernible the conduct of patrons
within the premises. Said information shall be specifically
shown on the plans submitted for Zoning Division and Police
Department, Community Services Division, approval.
10. That the computer stations shall be open and observable
~'~~ to employees at all times and no partition walla shall be
~Y1 permitted. Said information shall be specifically shown on plans
submitted for Zoning Division approval.
~~`~
11. That all windows and entrances into the business shall
e clear and unobstructed, so as to allow an unimpaired
ins-of-sight by a peace officer into the interior of the
business during business hours. Said information shall be
specifically indicated on plans submitted for Zoning Division
approval.
'~~ 12. That there shall be no seating areas or tables other
than the computer workstations and waiting/lobby area as shown on
C~ Exhibit No. 2. Said information shall be specifically shown. on
,plans submitted for Zoning Division approval.
~~~~` 13. That trash storage area(s) shall be refurbished to
%~\w comply with approved plans on file with the Public Works
Department. Said information shall be shown on plans submitted
for Public Works Department, Streets and Sanitation Division,
approval.
~I, 14. That four (4) foot high street address numbers shall be
V" C displayed on the roof of the building in a contrasting color to
the roof material. The numbers shall not be visible to the
adjacent streets or properties. Said information shall be
specifically shown on plans submitted for review and approval by
the Police Department, Community Services Division.
15. That all applicable permits required by Title 3
(Business Licenses) and Title 4 (Business Regulation) of the
Anaheim Municipal Code shall be obtained from the Business
License Division of the City of Anaheim Finance Department.
16. That all signs shall conform to the CL (Commercial
Limited) Zone. Any additional signage shall be subject to review
and approval by the Zoning Division. Any decision by the Zoning
Division may be appealed to the Planning Commission for review
and approval as a "Reports and Recommendations" item.
17. 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 marked Exhibit
Nos. 1 and 2, and as conditioned herein.
C~(/ 18. That there shall be a camera/video surveillance.
d\~ recording system capable of delineating, on playback of the
system, the activity and physical features of persons or areas
within the premises. The system shall cover all entrances and
,`^~5 exit points, in and about the premises, the property directly
~~ adjacent to the entry and exit doors, and all interior spaces.
The system shall be subject to inspection by the City of Anaheim
~~'~ during business hours any day of the week. The system shall be
maintained in good working order at all times.
~~/ sh
"(~ we
19. That at least one (I) state-licensed security guard
all be on the business premises at all times, seven (7) days a
^, ek, during the hours of darkness.
y~~1` 20. That within a period of sixty (60) days from the date
'\ ~\~ of this resolution, Condition Nos. 4, 8, 9, 10, 11, 12, 13, 14,
15, 17 and 18, 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, ~ ('~~1 V~Si~' ~~.Qf'2p~~ ~~~
21. 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.
SE 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
City Council of the City of Anaheim this 17th day of December.,
2002.
MAYOR OF THE CI OF ANAHEIM
ATTEST:
C.i
ITY CL RK 0 THE CITY OF ANAHEIM
av~as.i
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
1, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 2002R-259 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 17th day of December, 2002, by the following vote of the
members thereof:
AYES: MAYORICOUNCIL MEMBERS: Chavez, Hernandez, McCracken, Pringle, Tait
NOES: MAYORICOUNCtL MEMBERS: None
ABSTAINED: MAYORICOUNCIL MEMBERS: Nona
ABSENT: MAYOR/COUNCIL MEMBERS: None
[?!h.
ITY CLE C OF T 1E CITY OF ANAHEIM
(SEAL)
RS-HS-22,000 (PC)(SC)
RS-A-43,000 (PC)(SC)
73-74-46
P5~~U 0P"~ RS-A-43,000 (PC)(SC)
73-74-46
ORZE RCL 70-71-33
P PSEO OE~N RSCUP0198C)SSC)
CANTON R~~
01'o RS-HS-7200 (PC)(SC) Sqg, RQ\
VAR 3693
/' 797m VAR 3744
-O'~~ - p VACANT ~,~
-f\ h
pcllscl
1 DU EPGH /
TRACT NO. 12687
SP 87-1
T \
~~
O
ZI
O
C
r
m
D
.~
O
g
U
RS-HS-22
TRACT
~ RCL 71
RCL 70
VAI
AD
CUF
~ VAI
RS-HS-10,000 (PC)(SC)
RS-A-43,000 (PC)(SC) TRACT NO. 8463
TRACT NO. 8463 RCL 73.74-06 (i)
RCL 96-99-5 RCL 70-71-33 (5) ~ ~
RCL 73-74-46 (1) VAR 2569
RCL 70-71-33 (5) PR (PC)(SC) 1 DU EACH
T-CUP 2003-04798 RCL 73- 4-34 -_~
CUP 2003-04693 RCL 70-71-33
CUP 2002-04507 ANAHEIM HILLS
CUP 4047 GOLF COURSE
V-25fi9
(RCL 97-98-12)
(CUP 4007)
ALL PROPERTIES ARE IN THE ( SC) (SCENIC CORRIDOR OVERLAY) ZONE
Conditional Use Permit No. 4047 Subject Property
TRACKING NO. CUP2003-04798 Date: December 15, 2003
Scale: 1" = 200'
Requested By: HUNTERS POINTE HOMEOWNER'S ASSOCIATION Q.S. No. 204
REQUESTS REINSTATEMENT OF THIS PERMIT BY THE MODIFICATION OR DELETION
OF A CONDITION OF APPROVAL PERTAINING TO A TIME LIMITATION (APPROVED ON
JANUARY 26, 1999 TO EXPIRE NOVEMBER 9, 2003) TO RETAIN A TELECOMMUNICATION
ANTENNA FACILITY ON AN EXISTING LATTICE TOWER (EDISON) STRUCTURE AND
ACCESSORY GROUND-MOUNTED EQUIPMENT.
6900 East Canyon Rim Road
1079
,r~.. .._
Staff Report to the
Planning;Commissioh
December 15, 2003`
Item No 5
Sa. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) (Motion)..
5b. CONDITIONAL'USEPERMITNO:'4047 (Resolution)
(TRACKING NO: CUP2003-04798)
SITE LOCATION AND DESCRIPTION:
(1) This irregularly-shaped, 3.1-acre property has a frontage of 545 feet on the south side of
Canyon Rim Road, a'maximum'pepth of 295 feet and is located 180 feet west of the:
`centerline of Fairmont Boulevard (6900 East Canyon Rim Road- Sprint PCS).
REQUEST:
(2) The petitioner requests reinstatement of this permit by the modification or deletion of a
condition of approval'pertaining o a timelimitation (approved oh January 26, 1999; to
expire November 9,.2003) to retain a telecommunication antenna facility on an existing
lattice tower (Edison) tructure and accessory grountl-mounted;equipment under authority
'of Code Section 18;03.093.
BACKGROUND: '
(3) .This property is developed with two lattice tower structures on a Southern California Edison
easemenYwith the remainder of the property being undeveloped. The property is zoned
`RS-A-43,000 (SC) (Residential/Agricultural; Scenic Corridor Overlay). There are two
`existing telecommunications facilities located on these lattice towers and`two accessory
..equipment shelters located on the property, A third facility proposed by AT & T Wireless
was approved by the Planningpommission at the November 17, 2003, Commission:
'meeting for a period of five (5) years. The Anaheim :General Plan Land Use Element Map
.'designates this property for General Open.: Space land uses and further designates the
surrounding properties as follows: General Open Space to the north (across Canyon Rim
`Road); Hillside Low Density Residential to`the east and west, and Golf Course and General
,Open Space to the south.
(4) Conditional Use Permit No. 4047 (to construct a telecommunication antenna facility on an
:`existing lattice tower and accessory ground-mounted equipment) was approved by the City
`Cpuncil oh January 26, 1999, and expired`on November 9, 2003. Resolution No. 99R-22
adopted in'conjunction with Conditional Use Permif No. 4047 contains the following';
condition of approval {
"1. That the telecommunications antennas shall be approved for a period of five (5)
years from the date of this resolution to expire on November 9, 2003: `
.DISCUSSION:
(5) Susan Fisher Stevens, representing Sprint PCS, has submitted this request for
reinstatement to retain a telecommunication antenna facility onan existing lattice tower
`(Edison) structure and accessory ground-mounted equipment. The petitioner also requests
modification of the condition of approval pertaining to a time limitation to coincide with the
end of the lease termwith the property owner (July 5; 2019).
Sr5071jrst.doc
Page 1
Staff Report o the
Planning Commission
December`15, 2003
Item No. 5
(5) in order to demonstrate that the findings required for the'reinstatement of this permit have
been satisfied, the petitioner has submitted the attached Justification for Reinstatement
which indicates that no aspect of the operation of the telecommunication antenna facility
has changed since the previous approval, that the physical property has remained the
same, and that all conditions of approval pertaining to the permit have been complied with.
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View'bf facility from Canyon Rim`Road -looking south
(7) The Code Enforcement Division has submitted a memorandum dated November 7, 2003,
regarding the current status of the;property. The memorandum documentsthat the
petitioner is complying with conditions of approval and a'recenk staff inspection indicates
the property is'being prdperly maintained.
(t3) The Commission may wish to note that there have been no changes to the RS-A-43,000
(SC) zone standards orany othefchanges to the Anafteim Municipal Code hat would
invalidate the findings that were the basis for the previous approval of this conditional use
permit.
(9) Staff has inspected the property and has determined that the telecommunication antenna
facility is operating as intended. Further, the operation of this facility is being conducted in a
manner not detrimental to the surrounding neighborhood since there have been no
complaints regarding this businesson file with: the Code,Enforcement Division.
(10) Regarding the petitioner's request to modify the condition of approval pertaining to the time
limitation, staff recommends that this permit be reinstated for a period of five years, to ''
expire November 9, 20013; consistent with similar reinstatements approved by the
Commission; Because this facility is located within the sceniacorridor, ahd because
Page 2
Staff Report to the
Planning'Commission
December 15, 2003
Item No: 5
wireless technology has rapidty progressed in recent years, staff believesthat
reinstatement of this permit fdr a period of five (5) years is necessary to ensure the property
continues to be weltmaintained; and to ensure thaFany significant change in technology
:.that may significantlydecrease he aesthetic impact of this facility may be incorporated into
:'the facility design in`a timely manner.
ENVIRONMENTAL IMPACTiANALYSIS:
(11) Staff has reviewed the request for reinstatement of this permit and finds no significant
c`adverse ehvironmental impacts'resulting from this request. Therefore, staff recommends
r that the previously-approved Negative Declaration in connectioh with Conditional Use
;Permit No 4047 serve as the required environmental documentation for this request upon
a finding by the Commission that the Negative Declaration reflects the independent:
judgment' of the lead. agency and that it has considered the Negative Declaration together
::with any commentsreceived during the public review process'and further finding on the
`; basis of the Initial Study (a copy of whicR is available for review'in the Planning
Department) and any comments received that there is no substantial evidence that the
project wih have a significant effect on the: environment.
GROWTH MANAGEMENT ELEMENT ANALYSIS;
(12) The proposed project has been reviewed by affected, City departments to determine`
whether it conforms to the City's Growth. Management Elementradopted by the City Council
do March'17, 1992. Based on City staff review of the proposed project, it has been'
determined that thisproject does not fit within the scope necessary to require a Growth
Management Element analysis; therefore; no analysis has been performed.
FINDINGS:
(13) Before the Planning Commission grants any conditiphal use permit, it must make a finding
of fact that he evidence presented shows that all of the following conditions exist:
(a) That the proposed use is property one for which a conditional use permit is
authorized 6y the Zoning Code, or hat said use is not listed therein as being a
permitted use; -
(b) That the proposed use will not adversely affect the adjoining land uses and the
growth and'tlevelopment of the area in whicH it is proposed to be Ipcated;
(c) That the size and shape of the site for the proposed use is adequate to allow the full
development'of the proppsed use in a manner not detrimental td the particular area
nor o 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 y j
(e) That the granting of the donditional use permit under the conditions imposed; if any,
wilt not be detrimental'td the peace, health, safety and'general welfare of the
citizens of the City of Anaheim.
(14) :Subsection 18.03.093.040 of the Zoning Code requires that before the Commission grants
`reinstatement of ttie approvalby extension of any time limitations fdr an additional period or
Page 3
Staff Report'to the
Planning Commission
December 15, 2003
Item No. 5
periods of time, or such`time limitation is deleted or modified, the applicant must present
evidence to establish the following findings:
(a) The facts necessary to support each and every required showing for the issuance of
such ehtittement as set forth in Chapter 18.03 exist;
(b) Said permit is being exercised substantially in the same manner and in
conformance with all conditions and'stipulations'priginallyapproved by the approval
body; .
(c) , Said permit is being exercised in a manner not detrimental to the particular area'and
surrounding larid uses, norto the public peace,. health and safety and general
welfare; and
(d) With regard only to any deletion of a time limitation, such deletion is necessary tp
permitreasonable operation under the?permit as'granted.
RECOMMENDATION:'.
(15) Staff recommends that, unless additional or contrary information is received tluring the
meeting, and based upon the evidence submitted to the Commission, inclutlng the
evidence presented in this staff report, and opal and written evidence presented at the
putilic hearings the Commission take the following actions:
(a) By motion, determine that the previously-approved Negative Declaration is the
appropriate environmental'documentation for this request.
(b) c By resolution, approve reinstatement of Conditional Use Permit No. 4047 (Tracking
No. CUP2003-04798) to retain a telecommunication antenna facility on an existing
lattice'tdwer (Edison) structure and accessory ground-mounted equipment fora'
period of five (5)'years, to expire November 9, 2008, based'on the fopowing:
(i) That this permit has been substantially operated in the same manner as
p~iginally approved by;the Commission. The Code Enforcementbivisiopkas
inspected the premises and has determined'that the facility is in compliance
with all applicable conditions of approval.
(ii) That the permit is being exercised in a manner not detrimental to the particular
area and surrounding and usesas evidenced by the absence 6f Code
Enforcement complaints for this property.
(iii) That there have been no changes to the applicable zone standards that would
invalidate the findings that were the basis for the original approval of this
permit.
(c) Staff further recommends that the Commission incorporate'the conditions of
approval contained in Resolution Npi 99R-22 into a new resolution with the following
conditions of approval basetl on the finding thatthe modification is necessary to
retain a telecommunication'antenna facility on an'existingJattice tower (Edison) '
structure and accessory ground-mounted equipment:
Page 4
Staff Report to the
Planning Commission
December 15, 2003"
Item No. 5'
1. That the telecommunications antennas shall be approved for a period of five (5) years, to
expire on November 9, 2008.
2. That only three (3) antenna arrays with two (2) antennas each may be located on the existing
tower'at a maximum height of sixty'; six (66) feet; and that one! (1) GPS-type antenna may be
mounted to the`one hundred twentydegree (120°) sector or located on the proposed accessory
ground-mounted equipment. No additional antennas sfiall be permitted without the approval of
the Planning Commission.
$. That the antennas shall be finished and painted to match the existing lattice tower structure. That
if the finish or color of the lattice tower is modified, the antennas shagbe modified accordingly.
4. That the operator shall ensure that itslnstallation and choice of frequencies will not interfere with
the 800 MHz radio frequencies required by the City of Anaheim to provide adequate spectrum
capacity for Public Safety and related purposes.
5. That at all times the operator shall not prevent the City of Anaheim from having adequate
spectrum capacity on City's 800 MHz radio frequency.
6. That the operator shall submit to apost-installation test to confirm that the facility does not
interfere with. the'City of Anaheim's Public Safety radio equipment. This test shall be conducted
by the Communications Division of the Orange County StierifFs Department or a Division-!
approved contractor ak the'expense of Operator:
7. That the operator shall provide a 24-hour phone number to which interference problems maybe
reported, and shall resolve all interference complaints within 24 hours.
8. That the operator shall provide a "single point ofcontact" in its Engineering and Maintenance
Departments to ensure continuity on'all interference issues. The name, telephone number, fax
number and a-mail address of that person shall be provided to City's' designated representative.
9, That the operator shall ensure that any of its contractors, sub-contractors or agents, or any other
user'of the facility, shall comply with the terms and conditions of this' permit.
10. That any activity}elated to disturbing or removal of Coastal Sage Scrub habitat would be required
to follow the provisions of the NCCP/HCP program listed in Resolution No. 99R-22 adopted in
connection witFi Conditional Use Permit No. 4047.
11. That no signage, flags, banners, or any other form of advertising shall be attached to the
antennas.
12. That this property shall be developed substantially in accordance with plans and spediflcations
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, 2, $; 4, 5 and: 6, and as conditioned herein.
13. That approval of this application constitutes approval of the proposed request only to the extent
that. it complies' with the Anaheim Municipal. Zoning Code and any other applicable City, State,
and .Federal regulations.:. Approval"does not include any action or findings as to compliance or
approval of the ~equesk regarding any other applicable ordinance, regulation ofrequirement.
Page 5
ATTACHMENT - ITEM N0. 5
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:
The facts necessary to support each and every required showing for fhe issuance of such entitlement as set forth in
the following excerpts from the Anaheim Zoning Code still exist:
18.03.030 (Relative to Conditional Use Permits)
Before the City Council or Planning Commission may grant any request for a conditional use permit, It must make a
finding of fact, by resolution, that the evidence presented shows that all of the following exist:
.031 That the proposed use is properly one for which a conditional use permit is authorized by this code, or is not
listed hereto 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 Tha[ the size and shape of the site proposed for the use is adequate to allow the full development of the
proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general
welfare;
.034 That the traffic generated by the proposed use will not impcse an undue burden upon the streets and
highways designed and improved to carry the traffic in the area;
.035 That the granting of the conditional use permit under the conditions Imposed, if any, will not be detrimental to
the peace, health, safety and general welfare of the citizens of the City of Anaheim;
18.03.040 (Relative to Variances)
Before any variance may be granted by the Planning Commission It shall be shown:
.031 Thal there are special circumstances applicable to the property, Including size, shape, topography, location or
surroundings, which do not apply to other property under identical zoning classification in the vicinity;
.032 That, because of special circumstances shown in .031, strict application of the zoning code deprives the
property of privileges enjoyed by other property under idenOcal 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. Sold permit or variance is being exercised fn 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 detemtine if such findings exist, and to assist the Zoning Administrator or Planning Commission to arrive at a
decision, please answer the following questions fully and as complete as possible. Attach additional sheets if additional
space is needed.
Has any physical aspect of the properly far which this use permit or variance been granted changed significantly
sincethe issuance of this use permit or variance? ^ YES ~NrO
Explain: ~Ll~ -~~ at~ 1 ~//'11it C~ l- l r7- YL~ ~C~C P I Vl ~ ~CS
(over)
CASE NO.
CUP ~®. 2003 - • ~ 0 4 7
2. Have the land uses In the immediate vicinity changed since the issuance of this use permit or variance?
^ YES ENO
Explain:.
3. Has any ,aspect of the nature of the operation changed since the issuance of this use permit or variance?
D YES '~.NO
Explain:
4. Are the conditions of approval pertaining to the use permit or variance being complied with? YES ^ NO
Explain:
5.
.~
Owner or /
Signature of Property Owner or Authorized Agent Date
20fi27fi!K.DDC 17/47
CASE
2 CUP 0.2oos -~ o ~+ 0 4 7
If you are requesting a deletion of the time limitalton, is this deletion necessary for the continued operation of this use
nr varianne? ~ YFS ^ NO
ATTACHMENT - ITEM N0. 5
RESOLUTION NO. 99R-22 ~
A RESOLUTION OF THE CITY COUNCIL OF '~ ~#`~'_
,"%
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT N0. 9047.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
to permit telecommunication antennas on an existing lattice tower
structure (Southern California Edison Co.) and ground-mounted
accessory antennas equipment upon certain real property located
within the City of Anaheim, County of Orange, State of
California, legally described as:
LOT 43 OF TRACT NO. 8963, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A SUBDIVISION MAP
RECORDED IN BOOK 392, PAGES 28 THROUGH 31,
INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID ORANGE
COUNTY RECORDER.
EXCEPTING THEREFROM ALL MINERALS, OIL, GAS,
PETROLEUM, OTHER HYDROCARBON SUBSTANCES AND
ALL UNDERGROUND WATER IN OR UNDER OR WHICH MAY
BE PRODUCED FROM SAID LAND WHICH UNDERLIES A
PLANE PARALLEL TO AND 550 FEET BELOW THE
PRESENT SURFACE OF SAID LAND FOR THE PURPOSE
OF PROSPECTING FOR, THE EXPLORATION,
DEVELOPMENT, PRODUCTION, EXTRACTION AND TAKING
OF SAID MINERALS, OIL, GAS, PETROLEUM, OTHER
HYDROCARBON SUBSTANCES AND WATER-FROM SAID
LAND BY MEANS OF MINES, WELLS, DERRICKS AND
OTHER EQUIPMENT FROM SURFACE LOCATIONS ON
ADJOINING OR NEIGHBORING LAND OR LYING OUTSIDE
OF THE ABOVE-DESCRIBED LAND, IT BEING
UNDERSTOOD THAT THE OWNER OF SUCH MINERALS,
OIL, GAS, PETROLEUM, OTHER HYDROCARBON
SUBSTANCES AND WATER, AS SET FORTH ABOVE SHALL
HAVE NO RIGHT TO ENTER UPON THE SURFACE OF THE
ABOVE-DESCRIBED LAND OR ANY PORTION.THEREOF
ABOVE SAID PLANE PARALLEL TO AND 550 FEET
BELOW THE PRESENT SURFACE OF THE SAID LAND FOR
ANY PURPOSE WHATSOEVER; 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 16.03 of
the Anaheim Municipal Code; and
WHEREAS, said Commission, after due inspection,
investigatipn 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. PC98-177 granting
Conditional Use Permit No. 9047; 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 consi-
deration of the recommendations of the City Planning Commission
and all evidence and reports offered at said hearing, that:
1. The proposed use is prcperly 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that, for the reasons hereinabove stated, the
action of the City Planning Commission granting said conditional
2
use permit be, and the same is hereby, affirmed and that
Conditional Use Permit No. 4p47 be, and the same is hereby,
granted permitting telecommunication antennas on an existing
lattice tower structure (Southern California Edison Co.) and
ground-mounted accessory antennas equipment on the hereinabove
described real property, subject to the following conditions:
1. That the telecommunications antennas shall be approved for a
period of five (5) years from the date of this resolution, to
expire on November 9, 2003.
2. That this conditional use permit is granted subject to
adoption of a zoning ordinance in connection with
Reclassification No. 96-99-5, now pending.
3. That only three (3) antenna arrays with two (2) antennas each
may be located on the existing tower at a maximum height of sixty
six (66) feet; and that one (1) GPS-type antenna shall be mounted
to the one hundred twenty degree (120°) sector or located on the
proposed accessory ground-mounted equipment. Said information
shall be specifically shown on plans submitted for building
permits. No additional antennas shall be permitted without the
approval of the Planning Commission.
4. That the antennas shall be finished and painted to match the
existing lattice tower .structure. That if the finish or color of
the lattice tower is modified, the antennas shall be modified
accordingly. .Said information shall be specifically shown on plans
submitted for building permits.
5. That the final plans for location, elevations and materials for
screening (including all proposed landscaping) of ground-mounted
equipment shall be submitted to the Zoning Division for review and
approval by the Planning Commission as a "Reports and
Recommendations" .item. Said plans shall include adequate
landscaping to thoroughly screen the proposed equipment location.
6. That, in the event that any Coastal Sage Scrub (CSS) is
proposed to be removed as a part of developing this facility, the
petitioner shall provide the Planning Department with a site plan
showing the extent of Coastal Sage proposed for removal. Further,
prior to any Coastal Sage Scrub removal, the petitioner shall
provide the City with evidence of payment of mitigation fees to the
Natural Community Conservation Program (NCCP) Non-Profit
CorDOration and/or other evidence showing authorization of the take
by the U.S. Fish and Wildlife Service (USFWS) and the California
Department of Fish and Game (CDFG). Additionally, the petitioner
shall comply with the following mitigation measures in compliance
3
with the County of Orange's Natural Community Conservation Program
(NCCP) requirements for the mitigation of removal of CSS habitat:
(i) To the maximum extent practicable, no grading of CSS'
habitat that is occupied by nesting gnatcatchers will
occur during the breeding season (February 15 through July
15). It is expressly understood that this provision and
the remaining provisions of these "construction-related
mitigation measures" are subject to public health .and
safety considerations. These considerations include
unexpected slope stabilization, erosion control measure
and emergency facility repairs. In the event of such
public health and safety circumstances, landowners or
public agencies/utilities will provide USFWS/CDFG with the
maximum practicable notice (or such notice as is specified
in the NCCP/HCP) to allow for capture of gnatcatchers,
cactus wrens and any other CSS identified Species that are
not otherwise flushed and will carry out the following
measures only to the extent as practicable in the context
of the public health and safety considerations.
(ii) Prior to the commencement of grading operations or other
activities involving significant soil disturbance, all
areas of CSS habitat to be avoided under the provisions of
the NCCP/HCP, shall be identified with temporary fencing
or other markers clearly visible to construction
involving disturbance of CSS, a survey will be conducted
to locate gnatcatchers and cactus wrens within one hundred
(100) feet of the outer extent of projected soil
disturbance activities and the locations of any such
species shall be clearly marked and identified on the
construction/grading plans.
(iii) A monitoring biologist, acceptable to USFWS/CDFG, will be
on site during any clearing of CSS. The landowner or
relevant public agency/utility will advise USFWS/CDFG at
least seven (7) calendar days (and preferably fourteen
(14) calendar days) prior to the clearing of any habitat
occupied by Identified Species to allow USFWS./CDFG to work
with the monitoring biologist in connection with bird
flushing/capture activities. The monitoring biologist
will flush Identified Species (avian or other mobile
Identified Species) from occupied habitat areas
immediately prior to brush-clearing and earth-moving
activities. If birds cannot be flushed, they will be
captured in mist nets, if feasible, and relocated to areas
of the site to be protected or to the NCCP/HCP reserve
system. It will be the responsibility of the monitoring
a
biologist to assure that Identified bird .species will not
be directly impacted by brush-clearing and earth-moving
equipment in a manner that also allows for construction--
activities on a timely basis.
(iv) Following the completion of initial grading/earth movement
activities, all areas of CSS habitat to be avoided by
construction equipment and personnel will be marked with
temporary fencing or other appropriate markers clearly
visible to construction personnel. No construction
access, parking or storage of equipment or materials will
be permitted within such marked areas.
(v) In areas bordering the NCCP reserve system or special
Linkage/Special Management areas containing significant
CSS identified in the NCCP/HCP for protection, vehicle
transportation routes between cut-and-fill locations will
be restricted to a minimum number during construction
consistent with project construction requirements. Waste
dirt or rubble will not be deposited on adjacent CSS
identified in the NCCP/HCP for protection.
Preconstruction meetings involving the monitoring
biologist, construction supervisors and equipment
operators will be conducted and documented to ensure
maximum practicable adherence to these measures.
(vi) CSS identified in the NCCP/HCP for protection and located
within the likely dust drift radius of construction areas
shall be periodically sprayed with water to reduce
accumulated dust on the leaves as recommended by the
monitoring biologist.
7. That no signage, flags, banners, or any other form of
advertising shall be attached to the antennas.
S. That prior to issuance of a building permit or within a period
of one (1) year from the date of this resolution, whichever occurs
first, Condition Nos. 2 3, 4, 5 and 6, above-mentioned, shall be
complied with.
9. That this 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. l of Exhibit No. 1, 2, 3,
4, 5 and b, and as conditioned herein.
10. That prior to final building and zoning inspections, Condition
No. 9, above-mentioned, shall be complied with.
5
11. 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 City
Council of the City of Anaheim this 26th day of January, 1999.
OR161RIAL 39oftIE'J BY
TO~~ DALY
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
OR1GiNAL S1G~lED 8Y:
LEordpF?A N SUHL
CITY CLERK OF THE CITY OF ANAHEIM
29264.1
6
~E~OR1®ANDUR~ ATTACHMENT - ITEM N0. 5
C[TY OF ANAHEIM
11-07-03 , 19 _.
To John Ramirez, Planning From Sill Small, Code Enforcement Ext.
Ref: IDC inspection at 6930 Canyon Rim Rd, (Cox transmission facility)
I inspected this property and found it to be without violations. I do not have any open
cases at this address, nor have I had any cases that I can recall.
J /~
b6 ,
n'
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T-CUP 2003.04794 VAR 821
CUP 407fi T-GPA 2000.00383
PALMS RO CUP 3276 GPA 2000-00376
CUP 3D26 GPA 376 RS-A-03,000
GUP 730 (CUP 349 T) RCL 2D00.00023
CUP fi73 ANAHEIM RESORT (Res of Infant t9
CUP 457 R.V. PARK SARC Overlay Zone)
CUP 456 REVERE ELEMENTARY
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Conditional Use Permit No. 4076
TRACKING NO. CUP2003-04794
Requested By: ELVEE INC.
Subject Property
Date: December 15, 2003
Scale Graphic
Q.S. No. 86
REQUESTS REINSTATEMENT OF THIS PERMIT BY THE MODIFICATION OR DELETION OF A
CONDITION OF APPROVAL PERTAINING TO A TIME LIMITATION (APPROVED ON DECEMBER 21,
1998 TO EXPIRE DECEMBER 21, 2003) TO RETAIN A TELECOMMUNICATION FACILITY (FAUX
PALM TREE) WITH ACCESSORY GROUND-MOUNTED EQUIPMENT.
200 West Midway Drive -Anaheim Resort R.V. Park
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1
ITFM NO_ fi
'Staff Report to the
Planning Commission
becembec 15, 2003
Item No: 6
6a.` CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) (Motion);
6b.`;' CONDITIONAL'IJSE PERMIT NO. 4076 (Resolution)
,' ? (TRACKING NOr CUP2003-04794)
SITE LOCATION AND DESCRIPTION:':
(1) :This irregularly-shaped, 6.65-acre property has a frontage of 980 feet on the south side of
'Midway Drive, a frontage of 300 feet on the west side of Zey~Street, and is located 400
:.feet west of the centerline of Anaheim Boulevard {200 Wesf Midway Drive -Anaheim
:Resort R.V.Park).
i REQUEST:
(2) 'The petitioner requests reinstatement of this permit by the modification or'deletion of a
'condition of approval pertaining' o a time limitation (approved oh December 21, :1998, to
`:expire December 21,.:.2003) to retain a 52-foot high elecommunication facility (fauzpalm
tree) with accessory ground-mounted equipment under authority of Code Section
18.03.093.1
BACKGROUND: `
(3) This property is developed with a recreational vehicle park and is zoned RS-A-43,000
(MHP) (ResidentiallAgricultural Mobile Home Park Overlay). ,The Anaheim General Plan
Land Use' ElementMap designates this property for General Commercial land uses end
.further designates the surrounding properties as follows: Medium Density Residehtial to
the north,`General Commercial to the eastand south; and Freeway to the'west (Santa Ana
Freeway). ,,
(4) Conditional Use Permit No. 4076 (to permit a 52-foot. high telecommunication facility (faux
palm tree) with accessory ground-mounted equipment) was approved by,the Planning
Commission on December 21, :1998, and will expire`on December 21, 201)3. Resolution
No. PC98-196 adopted in conjunction with'Condiflonal Use Permit No. 4046 contains the
following condition of approval:
"1. That the proposed telecommunications facility, consisting of one (i) monopole
"palm tree" with three; (3) antennaerrays with four (4) antennas each, shalfbe
permitted fora period of five (5) years, to expire on December 21; 2003:'
DISCUSSION:
(5) Barbara Saito, representing Neztel Communications, Inc., has submitted this request for
'reinstatement to retain the 52-foot high telecommunication facility (faux palm tree) with
'accessory'ground-mounted equipment. The petitioner also requests modification ofthe
:condition of approva)'pertaining to a time limitation to reinstate this permit for a period of ten
'(10) years (to expire becember 21, 2013):
(6) In order to`demonstrate that the findings required for the reinstatement of this permit have
`been satisfied, the petitioner has submitted the attached Justification forReinstatement
i which indicates thatho aspect of the operation of the telecommunication'antenna facility
has changed since the previous approval; hat thephysical property hasYemained the
"same, and that all conditions of approval;pertaining to the permit have tieen complied with,
Sr5072jr
Page 1
Staff Report to the
Planning Commission
December 15 2003
'Item No. 6
Two Dead
Palm
Trees
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.View of facility from Midway+Dr•ive looking south
(7) Condition No. 8 of a Nunc Pro Tunc planning Commission Resolution amending Resolution
No PC 98-198 reads as follows:
"8, ' Thaf revised landscaping plan(s) for the facility specifying the type, size and
location of proposed landscaping and the irrigation method shall be submitted to
the Zoning Division of the Planning bepartmenffor staff review and approval Said
landscaping plan shall include a minimum of three (3) mature palm gees, each to
be to a minimum of thirty (30) feet high, and five (5) mature eucalyptus trees, each
to be minimum'thirty six (36) inch bbz sized. In order to supplement and further
describe the landscaping plans, photographic simulation(s) and elevation plari(s)
showing the anticipated appearance'of the approved telecbmmunications "palm
tree" monopole shall be submitted.: Following approval, the landscaping shall 6e
installed and maintained in accordance with the plan:'
(8) The'Code Enforcement Division has submitted a memorandum dated November 6,.2003,
regarding the current status of the property. The memorandum documents that two (2) of
the :palm trees located at the site appear to be dead. Additionally;'the memorandum
indicates there are only four (4) mature eucalyptus trees. at this location, where five (5)
were required.' Both of these'itemsidentified'ih the membrandum are a violation of
Condition No. 8 as indicated above:: Upon inspection, the Urban Forestry Division has
confirmed thatthe two northern-most palm trees (Phoenix dactilifera), are in fact dead
(9) A recent staff inspection indicates that, except,for the landscaping issues identified above,
the'property is being properly maintained. The Commission may wish to note that the
operation of this facility is being conducted in a manner hot detrimental to the surrounding
neighborhood since there have been no complaints regarding this business on file with the
Code Enforcement Division.
Page 2
'Staff Report to the
? Planning Commission
December 15, 2003
Item No:B
(10) The Commission may also wish to note that there have been no changes o the RS-A-
43,000 (MHP) zone standards or any other changes o the Anafieim Municipal Code that
would invalidate the findings that were the basis focthe previous approva(of this conditional
vse permit:.
(11) Staff has inspected the property and has determined,`, as indicated above, that the
associated landscaping at the telecommunication facility is not<tieing maintained in a
manner consistent with the conditions of approval (Condition No. 8). Staff has included a
:condition of approval Yequiring Ghat withinra period of ninety (90) days from the date of this
resolution, khe petitioner remove and replace the twq`(2) northern-most palm trees with two
(2) mature Phoenix dactilifera,a minimum of thirly'(30) feet highland add one (1) mature
thirty-slx (36) inch box sized eucalyptus tree.
(12) Regarding he petitioner's request to reinstate the permit for an additional ten (10) years,
staff recommends that this permit be reinstated for aiperiod of five years; to expire
December 21, 2008.:: A survey of the immediate area reveals ho new stealth opportunities
to replace: the "monopalm" since the initial installatiofi in 1998.: Howeveq,t5ecause this
facility is located adjacent to the freeway ahd the Anaheim Resort, and because the'
landscaping has nofbeen properly maintained, staff believes that reinstatement of this
`permit fog a period of five years' to expire December 21 2008 is aooroo~iate.
ENVIRONMENTAL IMPACT ANALYSIS:
(13) Staff has reviewed the request for reinstatement of this permit and finds no significant
(adverse environmental impacts'~esulting from this request. Therefore, staff recommends
that the previously-approved Negative Declaration in connectidn with Conditional Use
Permit No: 4076 serve as the required environmental documentation far this requesf upon
'a finding by the Commission that the Negative Declaration reflects the independent
:judgment of the lead!agency and that it has considered the Negative Declaration together
'with any comments received dining the public review'process and further finding on the
basis of the Initial Study (a copy of which is available for review: in the Planning
Department) and any comments received hat there is no substantial evidence that the
project will have a significant effect on the environment.
GROWTH MANAGEMENT ELEMENT ANALYSIS;
(14) The proposed project has been'reviewed by affected, City departments to determines
whether it conforms to the City's Growth Management Element adopted by the City Council
ron March'17, 1992. Based on City staff review of the proposed project; iY has been
determihed that this;project does not fit within the scope necessary to require a Growth
:'Management Element analysie'therefore;no analysis has been performed.
FINDINGS:
(15) Before the Planning Commission grants any conditional use pe~mlt, it must make a finding
cf 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 betnga
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 beiocated;
page 3 .
Staff Report o the
Planning Commission
December l5, 2003
Item No. 6
(c) That the size and shape of the site for the proposed use is adequate to allow the full
development of the proposed use in a manner not detrimental to 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 ndfbe 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
reinstatementof the approval by extension of any time limitations for an additional period or
periods of time, or sucfi time limitation is deleted or modified, the'applicant must present
evidence to establish the following findings:
(a) The facts necessary to support each and every required showing for the issuance of
such entitlement'as set forth in Chapter 18.03 exist;
(b) Said permit is being exercised substantially in the same manner and in
conformance with`all conditions and stipulations originally approved by the approval
body;
(c) '; Said permit is beirig exercised in a manner not detrimental to the particular area'and
surrounding land uses, noCto the putilic peace health and safety and`general
welfare;. and
(d) With regard only to any deletion of a time limitation, such deletion is necessary to
permit reasonable operation`under thepermit as granted.
RECOMMENDATION:
(17) Staff recommends that, unless additional or contrary information is received during the
meeting, 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
putilic hearing; the Commission take the following actions:
(a) By motion, determine that the previously-approvetl Negative Declaration is the
appropriate environmental`documentation for this request
(b) By resolution, a Yove reinstatement of Conditional Use Permit No. 4076 (Tracking
No. CUP2003-04794) to retain a 52-foot high telecommunication facility (faux palm
tree) with accessory ground-mounted'equipmentfor a period of five (5) years, to`
expire December2l, 2008jbased onahe following:
(i) That this permit has been substantially operated in the same manner as
driginally approved by the Commission. Tfte Code Enforcement Division has
inspected the premises and has°determinetl that the facility, with the exception
of on-site landscaping, is in compliance with'all applicable conditions of
approval.
Page 4
Staff Report to the i
Planning;Commissioh
December 15, 2003 `:
'item No. 6'
(ii) > That the permit is being exercised in a manner not detrimental to the particular
area and surrounding land uses, as evidenced by the absence of Code`
Enforcement complaints for this property.
(iii) ,That there have been no changes to the applicable zone standards thaCwould
invalidate the findings that were the basis for the original approval of this
permit.
(c) Staff further recommends that the Commission incorporate the conditions of
approval contained in Resolution Nos. PC98-198 and PC99-65 (Nunc Pro Tuhc) into
a new resolution with tte following conditions'df approval based on the finding that
the modification is necessary to retain a 52-foot high telecommunication facility (faux
palm tree) with accessory ground-mounted equipment: ,'
1. That the proposed telecommunications facility, consisting of one (1) mono-pole "palm
tree":with three'(3) antenna arrays with four (4) antennas each, shall be permitted for a
period:of five,(5) years, to'expire on December 21, 2008.
2. That a maximum'bf three (3) antenna arrays with four (4), four (4) feet high by one (1) fcotwide,
panel type antennas each may be located on the monopalm and that he overall structure shall
not exceed a maximum height of fifty. two (52) feet. That two (2) GPS (Global Positioning
Antennas) shall be permitted on the accessory ground-mounted equipment. No'additionafor
replacement antennas shall. be permitted withoutthe prior approval of the Planning Commission.
3. That np signs, flags, banners or any other form of advertising or identification shall be attached to
this proposed mono-palm structure.
4. That a six (5) foot high block wall, planted with rapid growing clinging vines on maximum three {3)
foot centers, shall be maintained around the accessory ground-mounted equipment. Barbed wire
shall not be permitted.
5. That the height of the monopalm shalt not exceed the height of the attached panel antennas at
any time. If the panels aralowered, the monopalm heighfshall be lowered to correspond with the
height of the panel antennas.
6. That the operatop shall ensure that its installatioh and choice of frequencies does not interfere
with the 800 MHz radio frequencies required by he City of Anaheim to provide adequate J
spectrum capacity for Public Safetyahd related'purposes.
7. That at all times, the operator shall not prevent the City of Anaheim from having adequate
spectrum capacity on City's 800 MHz radio frequency.
8. That the operator shall submit to a test to confirm that the facility does not interfere with the City
of Anaheim's Public Safety radio equipment. ,This test shall be conducted by the
Communications Divisioh of the Orange County Sherifrs Departmehf or aDivision-approved
contractor at the expense of Operator:
9. That the operator shall provide a 24-hour phone number to which interference problems may be
reported, and shall resolve'aIl Interference complaints within 24 hours.
10. That the operator shall provide a "single point of contact' in its Engineering and Maintenance
Departments ffi'ensure continuity oh all interference issues. The name, telephone number, fax
number and a-mail address of that person sftalf be provided to City's designated representative.
Page 5
Staff Report to the
Planning Commission :
December,15; 2003
ltem No. 6
11.' That the operator sfiall ensure that any of its contractors, sub-contractors or agents; or any other
user of the facility; shall comply with the terms and conditions of this permit.
12. That landscaping shall be maintained and immediately replaced in the event that ittiecomes
+diseased or dies.
13. That the telecommunication facility shall maintain a minimum of three (3) ma{ure palm trees,
each to tie to a minimum of thirty (30) feet high, and five (5) mature eucalyptus trees, each
to be minimum thirtysix (36) inch box sized.
14. That the petitioner shall remove and replace the two (2) `northern-most dead palm
trees with two (2)`mature'Phoenix dactilifera palms, a rninimum of thirty (30) feet
':high, and plant one (1) mature thirty-six (36) inch box sized eucalyptus tree in the
location indicatedon the approved exhibits.
15. That the subject property shah be developed substantially in accordance with the plans and
specificatbns submitted to thee. City of Anaheim by the petitioner and which plans are on file with
the Planning Department marked Exhibit: Nos. 1 through 4, and as conditioned herein, including
ithat the monopole shall be relocated as specified by Condition'No. 7, atiove,
16, :That within a period of ninety (90) days from the date of this resolution, Condition Nos; 8,
i 9, 10, 14 and 15, above-mentioned, shall be complied with.
17. That approval of this'application constitutes approval of the proposed request only to the extent
that it complies withthe Anaheim Municipal Code an any otherapplicable city, State and Fetlerai
regulations. Approval does no8include any action of findings"as to compliance or approval of the
Yequest regarding any other applicable ordinance, regulation of requirement.
Page 6
ATTACNt1ENT - ITEM N0. 6
MEMORANDUM
CITY OF ANAHEIM
Code E~ forcement Division
DATE: NOVEMBER 6, 2003
TO: JOHN RAMIREZ, PLANNER
FROM: DAN DOMINGUEZ, CODE ENFORCEMENT OFFICER
SUBJECT: CONDITIONAL USE PERMIT #4076,
CASE TRACKING #C.U.P. 2003-04704
On October 6, 2003, Code Enforcement inspected the property located at 200 W. Midway Dr
and observed that the property is in violation of condition # 8 of the C.U.P.
1. Condition #8 requires that three mature palm trees be installed and maintained. *It appears
that two of the palm trees aze dead.
2. Condition #8 requires that five mature eucalyptus trees be installed and maintained. *There
are only four eucalyptus trees at the location.
All other conditions of the C.U.P. are being met and there aze no appazent A.M.C. violations on
the property.
If you have any questions or desire additional information concerning this inspection, please feel
free to call me at #4417.
'. 200 N. MIDWAY' DR
ATTACHMENT - ITEM N0. 6
PETITIONER'S STATEMENT
JUSTIFICATION FOR REINSTATEII~ENT
° 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 lime, or before such lime limitation may be deleted or modified by
the Planning Commission or Zoning Administrator, the following must be shown:
The facts necessary to support each and every required showing for the issuance of such entitlement as se[ forth in
the following excerpts from the Anaheim Zoning Code still exist:
18.03.030 (Relative to Conditional Use Permits)
Before the City Council or Planning Commission may grant any request for a conditional use permit, it must make a
finding of fact, by resolution, that the evidence presented shows that all of the following exist:
.031 That the proposed use is property 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 be located;
.033 That the size and shape of the site proposed for the use is adequate to allow the full development of the
proposed use in a manner not detrimental to the particular area nor to the peace, health, safely and general
welfare;
.034 That the traffic generated by the proposed use will not impose an undue burden upon the streets and
highways designed and improved to carry the traffic in the area;
.035 That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to
the peace, health, safety 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 not apply to other property under identical zoning classification in the vicinity;
.032 That, because of special circumstances shown in .031, strict application of the zoning code deprives the
property of privileges. enjoyed by other property under identical zoning classification in the vicinity.
2. Said permit or variance is being exercised substantially In the same manner and in conformance with all conditions
and stipulations originally approved by the approval body;
3. Said permit or variance is being exercised in a manner not detrimental to the particular area and surrounding land
uses, nor to the public peace, health, safety and general welfare; and
4. With regard only to any deletion of a time limitation, such deletion is necessary to permit reasonable operation under
the permit or variance as granted.
° In order to determine if such findings exist, and to assist the Zoning Administrator or Planning Commission to arrive at a
decision, please answer the following questions fully and as complete as possible. Attach additional sheets if additional
soace is needed.
(over)
CUP N~~a~~- . 0 ~ o ~ 6
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
2. Have the land uses in the immediate vicinity changed since the issuance of this use permit or variance?
~ YES ~I NO L /'
Explain:~~LQi D`fDIQP•r~"(n IS~i)I fl~(~ 40( V11~VJt~,Q~~b/Yip _.
3. Has any aspect of the nature of the operation changed since the issuance of this use permit or variance?
^ YES ~t~N1O,
Explain: IvTX~~1l I`~ ~ l~orlr~~l 9 ~ o~y~ afit/ u~P,V ID'S FGA ~I(~°yKl
4. Are the co^ndiLtitons of approval pertaining to the use permit or variance being complied with? ~1 YES ^ NO
Explain: AI'f'IC~~V1 IOhf~fOS Ividl(_:~t~ ('nsMnli~vl~r~
5. If you are requesting a deletion of the time limitation., is this deletion necessary for the continued operation of this use
orvarianceT? ^ YES ^ NO N~,l/~' J,,
Explain: 11'1,5 {~P AVG~ ~S 1"D~/ d- { ~ U74~~(,~iY.~O^~~I (1 ~, t~1~T• ~- /~Il;~~~,~_
_,
or
Owner or
CUP N0.20Q3 -• 4 0 7 6
Z06225JKe0C 12197
CASE NO.
2
ATTACHMENT - ITEM N0. 6
RESOLUTION NO. PC99-65
A NUNC PRO TUNC RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION.-=
AMENDING RESOLUTION NO. PC98-198 ADOPTED IN CONJUNCTION WITH
CONDITIONAL. USE PERMIT N0.4076
WHEREAS, on December 21, 1998, the Anaheim City Planning Commission adopted Resolution
No. PC98-198 to grant Conditional Use Permit No. 4076 and permit a 52-fool high telecommunications "palm
tree" monopole with accessory ground-mounted equipment and with waiver of permitted encroachment in a
required setback area on property located at 200 West Midway Drive (Anaheim Resort R.V. Park); and
WHEREAS, Condition No. 8 contained in Resolution No. PC98-198 is inadvertently incorrect and
should be amended in its entirety to read as follows:
8. That revised landscaping plan(s) for the facility specifying the type, size and location of
proposed landscaping and the irrigation method shall be submitted to the Zoning Division of
the Planning Department for staff review and approval. Said landscaping plan shall include a
minimum of three (3) mature palm trees, each to be to a minimum of thirty (30) feet high, and
five (5) mature eucalyptus trees, each to be minimum thirty six (36) inch box sized. In order
to supplement and further describe the landscaping plans, photographic simulation(s) and
elevation plan(s) showing the anticipated appearance of the approved telecommunications
"palm tree" monopole shall be submitted. Following approval, the landscaping shall be
installed and maintained in accordance with the plan.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 26, 1999.
CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
(Ofl~ii~~i Si~Gca ~'' i':f F',:f1~2 SO(Of10)
0
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
April 26, 1999, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES
NOES: COMMISSIONERS: NONE
ABSENT; COMMISSIONERS: BOSTWICK, ONE VACANT SEAT
IN WITNESS WHEREOF, I have hereunto set my hand this day of
1999.
!~fioh^i 3I-`~ ~J ••_';,:'iF8 SO(Of10~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
cr3610pk.doc -I- PC99-65
ATTACHMENT - ITEM N0. 6
RESOLUTION NO. PC98-198
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0.4076 BE GRANTED, IN PART
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City. of Anaheim, County of Orange, State
of Cat'rfomia, described as:
PARCEL 1: LOTS 5 AND 6 IN BLOCK 4 OF TRACT N0,.419, AS SHOWN ON
A MAP THEREOF RECORDED IN BOOK 16, PAGE 2, MISCELLANEOUS
MAPS, RECORDS OF SAID ORANGE COUNTY.
PARCEL 2: LOTS 5, 6, 21 AND 22 IN BLOCK 3, AND LOTS 3, 4, 5, 6, 21, 22,
23, 24 AND S6 IN BLOCK 4 OF TRACK N0.419 AS SHOWN ON A MAP
THEREOF RECORDED IN BOOK 16, PAGE 2, MISCELLANEOUS MAPS,
RECORDS OF SAID ORANGE COUNTY.
BEGINNING AT A POINT IN THE EASTERLY LINE OF SAID LOT 7, DISTANT THEREON
SOUTH 0° 09' 45" EAST 257 FEET FROM THE NORTHEAST CORNER OF SAID LOT 7,
AND RUNNING THENCE NORTH 89° 54' 30" WEST 175.17 FEET TO AN INTERSECTION
WITH THE NORTHEASTERLY LINE OF THE 100 FOOT RIGHT OF WAY OF THE
SOUTHERN PACIFIC RAILROAD, AS SAID RIGHT OF WAY IS SHOWN ON SAID MAP;
THENCE SOUTHEASTERLY ALONG SAID NORTHEASTERLY LINE, 269.27 FEET TO AN
INTERSECTION WITH THE EASTERLY LINE OF SAID LOT 7; THENCE NORTHERLY
ALONG SAID EASTERLY LINE, 203.72 FEET TO THE POINT OF BEGINNING;
EXCEPTING FROM SAID PARCEL 3 THE SOUTHWESTERLY 65 FEET THEREOF AS
CONVEYED TO THIS STATE OF CALIFORNIA BY DEEDS RECORDED APRIL 25, 1950, IN
BOOK 2003, PAGES 484 AND 488, OFFICIAL RECORDS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID ORANGE COUNTY;
PARCEL 4: LOTS 1 AND 2 IN BLOCK 4 OF TRACT N0.419 AS SHOWN ON MAP
THEREOF RECORDED IN BOOK 16, PAGE 2, MISCELLANEOUS MAPS, RECORDS OF
SAID ORANGE COUNTY;
PARCEL 5: ALL THAT PORTION OF THE ALLEY LYING BETWEEN LOTS 3 TO 6
INCLUSIVE AND LOTS 1 AND 26; AND LOTS 21 AND 24 INCLUSIVE IN BLOCK 4; AND
THAT PORTION OF THE ALLEY LYING BETWEEN LOTS 5, 6, 21 AND 22 IN BLOCK 3;
AND THE EASTERLY ONE-HALF OF THE ALLEY ADJOINING LOT 2 IN BLOCK 4, TRACT
NO. 419, AS PER MAP RECORDED IN BOOK 16, PAGE 2 OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY CALIFORNIA, AND A RESOLUTION OF WHICH WAS,
RECORDED MARCH 29, 1956 IN BOOK 3454, PAGE 473; OFFICIAL RECORDS OF
ORANGE COUNTY, CALIFORNIA
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on December 21, 1998 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 followinc facts:
CR3503PK.DOC -1- PC98-198
1 That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.21.050.125 to permit a 52-foot high telecommunications monopole
"palm" tree with accessory ground-mounted equipment with waiver of:
Sections 18.21.063.030 - Permitted encroachment in setback area.
and 18.21.064 (monopoles are not permitted encroachments into required 25-foot rear
yards in the RS-A-4.3,000 "ResidentiallAgricultural" zone; proposed 52-
foot high monopole encroaches 20 feet into the rear yard and is located 5
feet from the rear property line)
2. That the waiver is hereby denied because the applicant will relocate the monopole to a
location outside the required setback area, approximately 70 feet east of the originally proposed location.
3. That the proposal, as approved, will not adversely affect the adjoining land uses and the
growth and development of the area in which it is proposed to be located.
4. That the size and shape of the site for the proposed use, as approved, is adequate to
allow the full development of said use in a manner not detrimental io the particular area nor to the peace,
health, safety, and general welfare.
5. That the traffic generated by the proposed use, as approved, will not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in the area.
6. That granting of this conditional use permit, in part and under the conditions imposed, will
not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
7. That no ane indicated their presence at the public hearing in opposition to this petition;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to to permit a 52-foot high telecommunications monopole
"palm" tree with accessory ground-mounted equipment and with waiver of permitted encroachment in a
required setback area on an irregularly-shaped 6.65-acre property having frontages of 980 feet on the
south side of Midway Drive and 300 feet on the west side of Zeyn Street, and being located 400 feet west
of the centerline of Anaheim Boulevard at 200 West Midway Drive (Anaheim Resort R.V. Park); and does
hereby approve the Negative Declaration upon finding that the declaration reflects the independent
judgement of the lead agency and that it has considered the Negative Declaration togetherwith 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, 6E IT RESOLVED that the Anaheim City Planning Commission
does .hereby grant subject Petition for Conditional Use Permit, in part, 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:
That the proposed telecommunications facility, consisting of one (1) mono-pole "palm tree" with
three (3) antenna arrays with four (4) antennas each, shall be permitted for a period of five (5)
years, to expire on December 21, 2003.
2. That a maximum of three (3) antenna arrays with four (4), four (4) feet high by one (1) foot wide,
panel type antennas each may be located on the mono-palm and that the overall structure shall
f ~~ not exceed a maximum height of fifty two (52) feet. That two (2) GPS (Global Positioning
Antenna) will be permitted on the accessory ground-mounted equipment. No additional or
replacement antennas shall be permitted without the prior approval of the Planning Cornrnission.
The above information sha!I be specifically shown on the plans submitted fx building permits.
-2- PC98-198
3. _ That no signs, flags, banners or any other form of advertising or identification shall be attached to
this proposed mono-palm structure.
4. That a six (6) foot high block wall, planted with rapid growing clinging vines on maximum three (3)
di foot centers, shall be constructed around the accessory ground-mounted equipment. Barbed wire
Cj~w ' shall not be permitted. Said block wall shall be specified on plans submitted for permits from the
~" Building Division.
/5. / That within a period of (30) days from the date of this resolution, the existing thirty five (35) foot
~/ high temporary monopole shall be removed.
6. That the height of the mono-palm shall not exceed the height of the attached panel antennas at
any time. If the panels are lowered, the mono-palm height shall be lowered to correspond with the
height of the panel antennas.
7. That final plans specifying the new placement of the mono-palm and accessory equipment (at a
location which will reduce visibility of the mono-palm from the freeway and which is outside the
ort,,,~vG~ Code-required setback areas for the RS-A-43,000 "Residential/Agricultural" zone) shall be
j:~,i,'i` ` submitted to the Zoning Division of the Planning Department for staff review and approval.
8. That revised landscaping plan(s) for the facility shall be submitted to the Zoning Division
specifying the type, size and location of proposed landscaping and the irrigation method for
o~ ~_~ submittal to the Planning Commission for review and approval as a "Reports and
t,~~ `e(', Recommendations" item. Said landscaping plan shall include a minimum of three (3) mature palm
trees, each to be to a minimum of forty (40) feet fn height) and five (5) mature eucalyptus trees.
Following approval, the landscaping shall be installed and maintained in accordance with the plan.
`v~~ ~ In order to supplement and further describe the landscaping plans, photographic simulations and
N ~~ ~ elevation plans showing the anticipated appearance of the proposed facility shall be submitted.
~ 9. That the subject property shall be developed substantially in accordance with the plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are on file with
the Planning Department marked Exhibit Nos. 1 through 4, and as conditioned herein, including
that the monopole shall be relocated as specified by Condition No. 7, above.
10. That prior to issuance of a building permit or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 2, 4, 7 and 8 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.
11. That prior to final building and zoning inspections, Condition No. 9, above-mentioned, shall be
complied with.
12. That within a period of thirty (30) days from the date of this resolution, Condition No. 5, above-
mentioned, shall be completed.
13. That approval of this application constitutes approval of the proposed request only to the extent
that it complies with the Anaheim Municipal Code an 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 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 2ny 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.
_3_ PC98-196
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
December 21, '1998.
f Ori~i~al si nea by Steohe~ l~+! R~istal
CHAIRPERSON, ANAHEIM C PLANNING COMMISSION
ATTEST:
10~i~inal signed by Osbalia Edmt:ndsonl
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Osbelia Edmundson, 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 December 21, 1998, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOYDSTUN, BRISTOL, KOOS, NAPOLES, WILLIAMS
NOES: COMMISSIONERS: NONE
ABSENT:COMMISSIONERS: BOSTWICK, ESPING
IN WITNESS WHEREOF, I have hereunto set my hand this day of
1999.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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Conditional Use Permit No. 2003-04796 Subject Property
Date: December 15, 2003
Scale: Graphic
Requested By: WINHEIM LLC Q.S. No. 116
TO PERMIT AND RETAIN AN OUTDOOR TILE STORAGE YARD WITH WAIVER OF MINIMUM
NUMBER OF PARKING SPACES.
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2300 East Winston Road m77(2oos-iza)'
ITEM tin
Staff Report to the
Planning Commission
Oecemtie~ 15, 2003`
Item No. 7
7a. CEQAfJEGATIVEbECLARATION (Motion)
7b. - ` WAIVER OF CODE REQUIREMENT (Motion)
7c. CONDITIONAL USE PERMIT N0.2003-04796 (Resolution) ;"
SITE LOCATIONAND DESCRIPTION:
(1) .This irregularly-shaped, 8.7-acre propertyhas a frontage of 307 feet on the south side of
Winston Road, a maximum depth of 1,31:8 feet and'. is Iocatetl 640 feet west of the '
centerline(df SunkisfStreet{2300 East Winston Road).
REQUEST:
i (2} The petitioner requests approval of a conditional use. permit under authority of Code
Section No. 18.61:050.501 to permit and retain an outdoor tilestorage yard with waivers of
following:
SEC71ONNOS. 18:61.050.501 Minimum number of oarkino soaces
AND 18:06.050.033 67 requiretl; 15 proposed and ;
recommended by the City Traffic and
Transportation Manager)
BACKGROUND: '
(3) This property was formerly utilized by the Anaco Ranch (horse boarding facility) and: is
currently being utilized as an outdoor the storage yard (with accessory caretaker's dwelling
unit, and is zoned ML (Limited Industrial). The Anaheim General Plan Land Use Element
Map designates this property for General.Industrial land uses.
(4) Surrounding General Plan land use designations areas foliowsi
Direction ~ ~~'Generai;Rlan.~~.
De`signation:.`
North (across Winston Road), General Industrial
eastand west
South (across Cerritos Avenue) Business Office/Mixed Use/Industrial
DEVELOPMENT PROPOSAL:
(5) This request is a result of a Code Enforcement action involving the property owner
'using theproperty for outdoor storage, as a primary use without a'conditional use
r'permit.
(6) The site plan (Exhibit No. 1) indicates a 166,923 square foot lot with frontage on Winston
Road and rearing onto the Southern Pacific Railroad right-of-way and Cerritos Avenue.
Tile storage is located throughout the property, with the caretaker's unit and office toward
the northerly portion (front) ofthe property. The plan shows arcexisting metal corrugated
fence along the Winston Road frontage, separating the storage area from the street. The
material storage curcently exceeds the height of the fence and'is visible to Winstort Road.
The Winston Road frontage also includes chain link#encing (without slats) utilized to
'enclose the outdoor storage area. The petitioner proposes td?eplace the existing ,
corrugated metal fence with a 12-foothigfi chain lihk fence (to be locatedbutside of the
Sr3055ey.doc
.Page 1
Staff Report to the
Planning Commission
December 15, 2003
Item No. 7
,EVALUATION:
(12) Outdoor building materials storage yards are'permitted in the ML zone subject to the
approval of a'conditional use permit.
(13) Provided that'all material storage is adequately screened from the public right of way,
including Winston Road: to the north and Cerritos Avenue to the outh, staff. is supportive of
the, request to permit and retain the outdoorstorage yard, subject to the recommended
conditions of;approval.<
(14) The requested waiver pertains to minimum number of parking spaces. Code requires 67
spaces based on the information contained in paragraph no. (8) of this report and the site
plan indicates a total of 15 employee and customer spaces available on-site: The petitioner
has submitted a parking study prepared by Hartzog & Grabill, Inc., dated July 2003, to`
substantiate the requested waivee'7he City Traffic and Transportation Manager has
reviewed the study and tletermined that there would be`sufficient parking for his proposed
land use.
(15) The parking study further includes the following findings:. to substantiate the requested
waiver of minimum number of parking spaces:
"(a) That the variance, under the conditions imposed, if any, will not cause fewer off-
street parking'spaces to'be provided for such'use than tfie numberbf such spaces
necessary to accommodate all vefiicles attributable to such use untler the normal
and seasonable foreseeable conditions of operation of such use.
Based on the field survey conducted at the site, a sufficient parking.: surplus will
exist on-site. The proposed parking supply will be sufficient to meet the needs of
the proposed project,
(ti) Thaf the variance, under the conditions imposed, if any, will not increase the
demand and competition for parking spaces upon the public streets in the
immediate vicinity of the'proposed use.
Based on information provided to HCI by the applicant, the proposed number of
on-site parking'spaces will not produce a need for parking spaces upon the public
streets in the immediate area of theproposed use.
(c) ThaEthe variance, under the conditions imposed, if any, will not increase the
demand for parking spaces upon adjacent private property in the Immediate
vicinity of the proposed use.
The proposed on-site parking will not create a demand or competition upon
adjacent private property:'..
(d) Thaf the variance, under the conditions imposed, if any, will not increase traffic
congestion within the off-street parking areas or lots provided for such use.
The proposed on-site parking will not increase'traffic congestion, noise, air
pollution or traffic circulation conflicts within the off-streetparking area provided.
(e) ThaCthe variance, under the conditions imposed, if any, will not impede vehicular
ingress to or egress from adjacent propertiesupon the public streets in the
immediate vicinity of the: proposed use.
Page 4
Staff Report to the
Plannirtg Commission
'December 15, 2003`:
Item No. 7
The proposed on-site parking will not increase traffic congestion; noise, air:
'pollution, or impede vehicular ingress or egress to orfrnm the`atljacent properties,
upon the public streets in the immediate vicinity of the proposed' use."
FINDINGS:
(16) Section 1 13.06.080 of the parking ordinance sets forth the following findings which are
required o be made before the parking waivers are:approvetl by the Planning
Commissjan or City Council. '
(a) That the waiver, under the conditions imposed if any; will not cause fewer off-
street pa~kjng spaces to be provided forsuch use than the number of such
'spaces necessary to'accommodate all vefiicles attributable to such use under the
°normal antl reasonably foreseeable conditions of operation ofsuch use; and
(b) That the waiver. under the conditions imposed if any; will not increase the'
demand'ahd competition for parking spaces upon the public et~eets in the'
immediate vicinity of the proposed use; and
?(c) That the waiver, under the conditions imposed if any; will not increase the'
'demand and competition for parking spaces upon adjacent private property in the
immediate'vicinity ofahe proposed use; and
(d) That the waiver, under the conditions imposed, if any; will not
increase traffic congestion within the off-sheet parking areasbr lots
!provided for such use; and
(e) That the waiver, under the conditions imposed, if any; will not impede
.vehicular ingress to or egress from adjacent properties upon the public
`streets in tfie immediate vicinity. of the proposed use::
Unless conditions to the contrary are expressly imposed upon he grant of any waiver
pursuanfto this section by the Planning Commission or City Council, the granting of any
such waiver shall be deemed contingenf$pon operation ofsuch use In conformance with
the assumptions relating to the operation and intensity of the use as contained in afte
:.parking demand study that formed the basis for approval of said waiver: Exceeding,
violating,:ntensifying or otherwise deviating from any of said assumptions as contained in
the parking demand-study shall be deemed a violation of the express conditions imposed {
,upon saidwaiver which shall subject said waiver to #ermination or modification pursuant to
;.the provisions of Sections 18.03.091 and'18.03.092 of this Code.
(17) Before the Planning Commissidn grants any conditional use permit, it must make a finding
of fact that he evidence presented showsahat all ofahe 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 beings
permitted use; j
(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
developmenf of the proposed use in a manner not detrimental to the particular area
nor to the peace, health; safety; end general welfare;
Page 5
Staff Report to the
Planning Commissipn '
December 15, 2003
Item No. 7 '<
(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 pf the conditional use permit under the conditions imposed, if eny,
will not be detrimental to the peace, fiealth, safety and general welfare of the
citizens of the City of Anaheim.
RECOMMENDATION;
(16) Staff recommends that, unless additional or contrary information is received during the
meeting, 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 Commissiontake the following actions:
(a) By motion, aoorove a CEQA Negative Oeclaratioh.
(b) ; By motion, approve the waiver pertaining to minimum number of parking spaces
based' on the recommendation of the City Traffic'and Transportation Managecthat
15 spaces is adequate for this the storage yard, and based. on the findings as
discussed in paragraph nosy (14) and'(15) of this report.
(c); By resolution, aoorove Conditional Use Permit No. 2003-04796 (to permit and retain
an outdoor the storage yard) based ort the following:
(i) That the proposed outdoor storage yard is properlybne for which a
conditional use permit is authprized by the Zoning Code andas conditioned
herein, complies with all the requirements set forth' in the Zoning Code.
(ii) That the proposed outdoor storage yard as conditioned, would not adversely
affect tna adjoining land uses and the growth and development of the area
in which'it is proposed to be located because the proposal includes site':
screening consistent with the'Zoning Code.
(iii) That the size and shape of the'site for the proposed outdoor building
materials storage yard is adequate to allow the fuli'development of the
proposed use since the proposal meets `ail the minimum development
' standards set forth within the Zoning Code, with the exception of the parking
waivers which does'not impact surrounding properties, and therefore would
not have a negative'impact on'the particular area's''peace, health, safety,
and general welfare:
(iv) That the granting of Conditional Use Permit No. 2003-04796,as conditioned
herein, would not be detrimental to the peace, health, safetyand general
`welfare of the citizens of the'City of Anaheim.
THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS
ANINTERDEPARTMENTAL COMMITTEE AND ARE RECOMMENDED FOR ADOPTIONBY THE
PLANNING COMMISSION IN THE+EVENTTHISPERMIT ISAPPROVED.
1. That the property shall be permanently maintained in an orderly fashion by providing regular
landscape'maintenance, removal of trash and debris, and removal of graffiti within twenty-four (24)
hours from`time of occurrence.
Page 6
Staff Report to the
Planning' Commission
December 15, 2003
Item No. 7
2. ' That the corrugated metal fencing along the Winston Road frontage shall be replaced with chain
link fencing interwoven with(PVC slats and, further, that fast-growing!clinging vines to eliminate
graffiti'opportunitias shall ba'planted on maximum 3-foot centers adjacent to said fence. The
fencing shall be of sufficient height to screen theoutdoor materials from view df the public right-of-
way. ,'Said information shal(be specifically shown on plans submitted fbr Zoning bivision approval.
3. - That a landscape plan shall be submitted to the Zoning Division for review and approval. Said
plan sfiall indicate an additional twelve'(12) 24-inch box trees to be planted within the front
setback, for a total of 16 trees. Further, additional 24-inchbbx sized trees shall`be planted in front
of the screen area at a ratio of one tree for each' 12 lineal feet of fence area. The plan shalt also
incorporate a layered landscape theme consisting of shrubsand groundcover. Said Iandsdaping
shall oe planted within sixty (60) days'of plan approval and thereaftermaintained in a live; healthy
condition.
4. That no barbed wipe or razor: wire shat(be visible in any direction to any non-industrially zoned
propaity or public'right-of-v/ay.
5. That the outdoor storage of materials and equipment shall not exceed'the heighYOf the perimeter
fencing?and shall not be visible to any'adjacent public right=of-way.
6. That tfia outdoor storage shall be limited to tile, stone and similar products.
Z That the granting of the parking waiveCis contingent upon operation of the use in'conformance
with tfie assumptions and/orconclusions relatingao the operation and intensity df use as contained
in the parking demand study that formed the basis for approval of said waiver. Exceeding, :
violating, intensifying or othewise deviating from`any of said assumptions and/or conclusions, as
contained in the parking demand study; shall be deemed a violation of the expressed conditions
imposed upon saitl waiver which shall subject this variance o termination or modification pursuant
to the provisions of Sections 18.03.091 and 18.03.092 of the AnaheimiMunicipaCCode.
6. ! That plans shall tie submitted to the City Traffic and Transportation Manager for his review and
approval showing'conformance with the current version of Engineering Standard Plan Nos.`436,
601 and 602 pertaining to packing standards and`driveway locations. Subject property shalt
thereupon be developed and maintainetl in conformance with said plans.
9. That gates shall not be installed across:any driveway in a manner which may adversely affect
vehicular traffic in he adjacent public street(s). Installation of any gates shall conform to
Engineering Standard Plan No. 609 and shall be subject to the review and approval of the Gity , {
Traffic'and Transportation Manages
10. ` That alt driveways on Winston Road 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 Ge specifically shown on plans submitted to the Traffic and Transportation
Manager for review and approval.
1 L That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
12. That no compact parking spaces shall be permitted.
13. That any loading and unloading of products and materials shall occur an-site, exclusive of any
required parking'areas.
14. That an on-site trash truck turn around area shalibe provided per Engineering Standard Detail No.
610 and shown' on plans submitted to the Department of Public Works, Street Sweeping and
Sanitation Division for review and approval.
Page 7
Staff Report to the
Planning Commission
December'15, 2003
Item No. 7
15. .That the water backfldw equipment and any other large water system equipment shall be installed
to the satisfaction of the Water Utility Division in either underground vaults or behind the street
wetback area in a manner fully screened from all public streets and alleys;
16. That trash storage areas shall be provided and maintained in alocation 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,]ocated and screened so as not to be
readily identifiable from adjacent streets or highways:
17. That a plan sheet forisolid waste storage and collection and a plan for recycling shall be submitted
(to the Public Works Department, Streets and Sanitation Division for review and approval.
18. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim an
easement. of 32 feet' in width from the centerline of the streetalong Winston Road for street
'widening' purposes. I
19. That the developer shall submit'street improvement plans to the Public Works Department,
Development Services Division.'. WinstoniRoad shall be improved to public street standards with a
'4-foot widesidewalk :and an 8-foot wide parkway per Standard betail No. 101-E and 110-E.
:Parkway lahdscaping and irrigation between the sidewalk and the curb shall be installed with
'parkway irrigation tied into the oh-site irrigation system and maintained by the property owner' A
:bond shall: be posted?in an amounk approved by the City Engineer and a form approved by the City
Attorney prior to issuance of a t5uilding permit. A Right of Way Construdtdn Permifshall be
obtained from the DevelopmenfiServiceSDivision for all work performed in the public right of way.
The improvements shall be constructed within 180 days from the date of#his resolution.
20. That subject property'shall be developed substantially in accordance with plans and `specifications
submitted tb the City'of Anaheim by the petitioner and which plans are on'file with the Planning
Department marked Exhibit No:?1, and as'conditioned herein.
21. That within'a period of ninety (90) days from the date of this resolution Condition Nos. 2, 3, 8, 10,
14, 15, 16,'17, 18, 19 and 20, above-mentioned, shall be complied with. `Extensions for further.
time to complete said conditions may be granted in accordance:with Section 18.03.090 of the
Anaheim Municipal,Code.
22. That approval of this application`constitutes approval'of the proposed request only to the extent
that it complies with tfie Anaheim Municipal Zoning Code and'ahy other applicablejCity, State`and
'Federal regulations. Approval does not include any action or findings as td compliahce or
approval of the request regarding any other applicable ordinance, regulation or requirement.
Page 8
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Conditional Use Permit No. 1098 Subject Property
TRACKING NO. CUP2003-04801 Date: December 15, 2003
Scale: Graphic
Requested By: HUARTE FAMILY PARTNERSHIP Q.S. No. 133
REQUEST TO AMEND EXHIBITS FOR APREVIOUSLY-APPROVED MOBILEHOME PARK AND
TO PERMIT ACCESSORY MANAGEMENT OFFICES.
320 North Park Vista Street- Rio Vista Mobilehome Park
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Staff Report to the
Planning Commission
December 15, 2003
Item No: 8
Sa. CEQA CATEGORICAL EXEMPTION -CLASS 1 (Motion)
Sb: CONDITIONALUSE PERMIT N0 1098 (Resolutioh)
(TRACKING NO: CUP20D3-04801)
SITE LOCATION AND DESCRIPTION:'
(1) This irregularly-shaped; 29.5-acre property is located at the southeast corner of Park Vista
Street and Jackson Avenue having frontages of 785 feet on the east side of Park Vista
Street and 739 feet on' he south side of Jackson Avenue (320 North Park Vista Street -Rio
Vista Mobilehome Park).
REQUEST:
(2) The petitioner'requests'to amend exhibits for apreviously-approved mobilehome park'and to
permit accessory management offices under authority'of Code Section Nos: 18.03.091 and
18;92.040,
BACKGROUND:
(3) This property. is developed with a mobilehome park built in 1969, with an accessory ,
recreation building and swimmingpool. The site also contains an oil well site that was not a
part of this project. The property is zoned'RS-A-43,000 (MHP)(O) (Residential/Agricultural;
Mbbilehome Park Overlay and Oi(Production Overlay):: The Anaheim General Plan Land
Use Element. Map designates the property;for Low-Mraium Density Residential land uses.
(4) Surrounding'General Plan land use designations are as follows:
Direction General:Plan Designation
':North, across Jackson Avenue Medium Densi Residential
`:Northeast ' Low-Medium and Medium Densi Residential
lSduth ° 'Low-Medium Densi' Residential
West, across Park Vista Street ` ::Low-Medium Density Residential and
Elements School'site
PREVIOUS ZONING ACTIONS:
(5) Conditional Use Permit No. 1098 (to establish a mobilehome park with waiver of minimum
required front setback):was approved by thr; City Council on June 3, 1969, following denial
by the Planning Commission. On March 12; 1979, the Commission approved plans for a
total of 18Tmobilehomes. On November 18 2002, the Commission approved plans to
permit and rraain 3 existing mobilehomes and to allow 10 additional units for a total of 200
mobilehome paces.
PROPOSAL:
(6) The petitioner proposes to amend the previously approved exhibits for the mobilehome park
pertaining to he recreation building and to permit multi=park management offices. This
request is a result of an active Code Enforcement violation.
$r1135cw.doc
'Page 1
Staff Report to the
Planning Commission
December 15; 2003
Item No. 8 '
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'. View of banquet/meeting hall -: Rlo Vista Mobile Estates
(7) Exhibit No. 3 (recreation building floor plan) approved in 1969, provided for a community ',
recreation building which included, a'recreational hall, kitchen, eating. court, two: saunas, wo
restrooms, exercise room,"library, two card rooms, bill(ardhall, laundry room, a herapeutic
pool, mechanical storage area and two manager's offices.ilt should be noted that the
clubhouse has undergone minor improvements'throughout the years: and that additional
facilities, including a shuffleboard court and pool, are located adjacent to the clubhouse: The
proposed modification requested by,the applicant (Revision No. 1, Exhibit No. 3) are as
follows:
• Replace the covered shuffleboard courts with a 1,863 square footndoorrnulti-purpose
game room, including a eevision viewing area, card tables, library, reading area andpool
tables. -
• Construction of a new "Tot Lot" and Barbeque facilities adjacent to the pool and recreation
building.
• Construction of a new 760 square foot park maintenance shop.
• Relocation of spa, pool equipment and kitchen within the new multi-purposeouilding.
• Increase in the size of the Park Vista Mobilefiome park manager's office from 400 square
feet to 2,929,square feet:
• Elimination of two card rooms, the billiard hall; library, exercise room and atrium court.
This area has been replaced with office space for the multi-park management staff.
(8) The proposed floor plan (per letter) also indicates the applicant is requesting to occupy ,
apprbzimately 2,929 square feet of the recreation building .with multi-park management
Page 2
Staff Report to the
Planning Commissioh
December 15, 2003
Item No: 8
company offices. Approximately 400 square feet of this area is used to manage the
operations of he Rio Vista Mobile Home Park.
(9) Separate from the office and duties of the park manager for the on-site park; the multi-park
management team is made up of ten employees that manage approximately twenty: (20}
mobilehome parks throughout the'country.;7here are'13 Sierra Managemerit Company staff
members on site (including 2 park managers and 1 maintenance'employee to support Rio
Vista Mobile Estates). According b the applicant, business hours:are typically 9:00 a.m. to
5:00 p.m, with some modified hours, common to management business practices. Further,
the applicanthas indicated that office staff includes the'companypresident,' enior assistant
manager, firiancial analysts, controller, human resources executive assistant, executive
assistants and others.
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=View of shuffleboard courts- Rio Vista MobileEstates
(10) Vehicular access is provided via one driveway on Park Vista Street and one: driveway bn
UacksorrAvenue. Plans indicate 493 parking spaceswith 2 for each mobilehome space
(2x200) and 93 guesfparking spaces. Cotle requires462 parking spacesbased on the
'following:
Parking for 450 parking spaces -
Motiilehome park 2 spaces per mobilehome plus 0:25 space per;
.'(200 units) ; mobilehome'forguest parking
Parking for Multi-park 12parking spaces -
management offices 4`spaces per1,000 square feet of office area
2,929 square feet
Total 462 arkin s aces
Page 3
Staff Report o the
Planning Commission
Decemberl5, 2003
.Item No. 8
(11) Elevation drawings of the proposed indoor multi-purpose. game room are shown on Revision
No. 1°of Exhibit No. 3 (proposed recreation building flcor plan). The plan indicates stucco'
finished building walls arid' a roofline to match the existing' clubhouse.
ENVIRONMENTAL IMPACTANALYSIS:
(12) The Planning Director's authorized representative has determined that the proposed project
falls within the definition of Categorical Exemptions, Section 15301, Class 1,;(Existing
Facilities) as defined in the State CEQA Guidelines and is, therefore; exempt from preparing
additional environmental tlocumentation.
GROWTH MANAGEMENT ELEMENT ANALYSIS:
(13) The proposed project has been reviewed by affected Citydepartments to determine whether
it conforms witfi he City's Growth Management. Element adopted bylthe City Council on>?
March 17, 1992! Based on City staff review of the proposed project;: it has been determined
that this projecYdoes not fit within the scope necessary tdrequire a Growth Management`.
Element analysis, therefore, no analysis has been performed.
EVALUATION:
(14) Mobilehome parks and accessory facilities to mobilehome parks are; permittedi in the RS-A-
43,000 (MHP) (O) zone subject to tfie approval'of a conditional use permit. Mpbilehome
parks'within the'City of Anaheim are further regulated through California Department of
Housing and Community. Developmeht (HCD) under provisions established by he
Mobilehome Parks Act. In this capacity, HCD has the jurisdictional responsibility of plan
check review, issuing building permits and conducting annual inspections.
(15) The Oil Production Overlay Zone requires that a minimum distance of 175 feet be provided
between a drill site and the dwelling.; The existing recreation building is not a residential
structure and therefore is not subject tp this provision.
(16) The Commission should note that this request has been filed as a result of a Code
Enforcement violation. Tte Code Enforcementbivision received a resident complaint on
April,7, 2003, and upon inspecting the site on April.15, 2003, witnessed that improvements
had been made: to the interior of the recreation building and that corporate office activity was
occurring within the clubhouse. A notice of violation was sent to the property owner on April
17,'2003, and since thistlate, staff from the Code Enforcement ahd'Zoning Divisions have
been;working with the property management company toschieve dompliance with Zoning
Code',requirements by obtaining Planning Commission approval ko amend the donditional
use permit to allow the modifications to the recreation building and to permit the multi-park
management offices. Staff has confirmed that'permits for the interior modifications to the
recreation building were issued by HCD at the time of construction: The City tlid not review
plans for the improvements as HCD: performs the plan check reviewand building permit
function for mobilehome parks within the City, independent of the City's jurisdiction.
(17) William Talley df Talley and Associates, acting. ss authorized agent of Sierra Management
Company, has submitted plans to show the proposed changes to the recreation buildings
indicated in paragraph no (7) above: in the submitted letter of request, Mc Talley states that
the area currently occupied by the multi-park management staff had been underutilized for
yearsas the demographics of the 30-year-oldpark havet~ansitioned from mostly senior"
citizens to family housefiolds. The letter states that the recreational needs of the community
would be better served by the proposed family oriented facilities such as a new "tot IoP'{ BBO
area and the remodeling of the shuffleboard court to a meeting/recreation half Further; Mr.
Page 4
.`Staff Report to the
Planning Commission
zbecembe~ 15, 2003`.
Item No: 8
Talley has indicated the shared use of the recreation building (resident recreation activity `
combined with multi-park management offices) doeshot prevent the residents from. enjoying
their recreational amenities.
(18) The Planning Department has received several letters and a-mail messages from park `
residents about the shared use of the clubhouse, and'general dissatisfactiohwhh the park
management. All of the correspondence is opposed to this request and the residents':
primary concern is the'shared use of the facility between the multi-park managemenEstaff
and the residents. More specific complaints include the following:
• Eliminating resident recreation area that was once a billiard room, library; fitness room and
'card playing room.
• Residentsasked to leave the premises during business hours because of disruption
:'complaints made bydffice staff:
• Parking adjacent to the recreation building has been'overcrowded since the multi-park
management office'staff have been ah'-site.
• Clubhouse hours have been scaled down (8:30 a.m: to 5:30 p:m.)
• lJse of the' clubhouse for multi-park management offices does hot comply with "Rules and
Regulations of Park' Vista Mobile HomePark." Said regulations state that park recreation
facilities are provided for the exclusive use of residents and their guests.
(19) The intent of the original exhibit was to construct a community focused clubhouse to
provide recreational amenities for mobilehome park guests and residences. Staff has met
with the members ofthe mobilefome park'associatioh and the agents for the Sierra
Management Company to encourage a compromiseto allow the shared use of the
recreation`facility. In an effort to meet the needs of the mobilehome park cbmmunity; the
applicant has submitted plans indicating construction'of anew playground:"tot-lot" area,
BBQ facility. and multi- purpose room for the residences as well: as maintaining the shared
use of the clubhouse:At the time this staff report waswritten, the residents remain opposed
to the "corporate offices" located within the'clubhousel Written and verbal'testimonies of the
`residents'specifically tote thafthe proposed improvements would not satisfy their desire to
have full access and privileges o the clubhouse. It appears that the residents wish to have
.the clubhouse restored to its original condition for their exclusive use.
!;~
(20) The intent of the original clubhouse plan approved in :1969 was o provide'a recreation
amenity formobilehome park residents -'not to conduct management operations
independent of those'necessary"for the maintenance end operation of the'mobilehome
park. The multi-park: management staff is currently occupying a significant percentage of
the clubhouse thereby limiting.its use by park residents - contrary to the otiginal purpose of
'the building. Although this proposal includes the construction df additional indoor
'recreationrarea, on a',percentage basis the amount of recreational area approved by the
;.City Council in 1969 would be diminished.
(21) The Zoning Code does not specifically address recreational facilities for mobile home parks
nor does if address accessory management offices. Staff realizes that most mobilehome
parks in Anaheim include some evel of accessory do-site management space. Staff is
'unaware of other parks that have facilities for off-site management. Staff has asked the
applicanf to provide ihformation; based oh their experience, indicating the;typical amount of
:'space detlicated to on-site management verses off-site management needs. Although the
Page 5
Staff Reporf to the
Planning Commission
December'15, 2003
Item No. 8
use of the clubhouse as the primary headquarters for managing other mobile home parks
maybe efficierit from a business standpoint, itappears hat this business arrangement has
evolved to a situation that exceeds the accessory needs for on-site management, thus ''
affecting the residents of this park.'
FINDINGS:
(22) Before the Commission grants any conditional use permit, it must make a finding of facC
that the evidence presented shows hat all of'the fallowing 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 hot listed therein as being a permitted use;
(b) ;'That the proposed use will notadverselyaffect the adjoining land uses and the growth
and development of the area`in which it is proposetl 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 notidetrimentat to the particular area
"nor to the'peace health, safety, and general welfare;
(d) ,That the traffic generated by the proposed use will riot 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;
twill not be detrimental to the peace, health, safety'and general welfare of the citizens
i of the City of Anaheim.
(23) Subsection 18,03.p92 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 conditional Use permit for which such approval is granted is not being
exercisedwithin khetime specified in such permit;
(c) ;That the conditional use permit for which such approval was granted has ceased to
'exist or has been suspended or inoperative for any eason fora period of six (6)
°consecutive months' or more;
(d) ,That the conditional use permit granted is being, or recently has been exercised
icontrary to the terms or conditions of such approvals or in violation of any statute,
ordinance; law or regulation;
(e) ;That the conditional use permit for which the approval was granted has tieen so
iexercisedias to be detrimental: to the public health or safety, or so as tobonstitutea
nuisance;
(f) ,That the conditional use permit for which he approval was granted has not been
`exercised; and that based upon additional information or due to changed:
circumstances, the facts necessary to support one or more of the required showings
ffor the issuance of such entitlement as set forth in this chapter no Ionge[ exist; andlbr
{g) :That any such modification, including the mpositiort of any additional conditions
thereto[ is reasonably necessary to protect the public peace; fiealth, safety or general
Page 6
> Staff Report to the
Planning, Commission
`December 15, 2003r
Item No: 8
welfare, or necessary to permit reasorable operation under the conditional use permit
as granted.
RECOMMENDATION:
(24) Staff recommends that, unless additional di contrary information is received during the
hearing, andibased upon the evidence submitted to the Commission, including the evidence
presented it this staff report, and oral and written evidence presented at the public hearing,
ttie Commission take the following actions: i
i (a) By motion, determine that he protect is Categorically Exempt underSection 15301,
Class 1 (Existing Facilities) of the.CEQA Guidelines.
(b) By resolution, aooroves in Dart, this requeskio amend exhibits fora previously
'approve mobilehomepark and to permit accessory management' offices by
aooroving the request to amend exhibits focthe previously approved moFiilehome
;park and denving the`request to` permit accessory management offices based on
the following:
(i) That the demographics of the'mobilehome park have transitioned such that
modified recreatidn facilities,'as indicate on Revision No. 1,,Exhibit No: 3 are
appropriate. Said plan alsd shows existing office area that is currently ';
occupied by the multi-park management staff, which may be incompatible with
the residential land Use. Said offices for off-site management would be more
appropriately located in a commercial zone.
(ii) The recreation buiitling was originally intended to operate as a community
facility for the residents of the park, not td be shared with executive
management offices for off-site mobileftome parks; use of the clubhouse for
management offices has impacted the ability of park residents to enjoy the
', use of the recreational facilities as originally intended.
(c) Thatthe Commission incorporate the conditions of approval contained in Planning
Commission Resolution No. PC2002-166 into a new resolution witfi the following
conditions of approval (Condition Nos. 1 and 2'are new conditions).;
L That on-site management offices shall be limited to Rio Vista Mobile Home Park management
`only and that the dlubhouselrecreation building hall be designed and reserved for use by {
residents of the. mobitehome park community.
2. `That plans foe any additional recreation amenities andlor modifications to the existing
`.amenities shall be'reviewed'and approved by Zoning Division of the Planning Department,
"prior to approval by any agency.
3. ;That abandonment of the oil well pump site shall be in conformance with'abandonment procedures
containedin Anaheim Municipal Code 17.:1,080.
4. ' That a copy of approval from the Divisioh of Oil and Gas be provided to the Zoning: Division
confirming compliance with all oil well abandonment proceedings required under State law.
5. 'That trash storage areas shaifbe maintained in a location acceptable to the Public Works
Department, Streets and Sanitation Division and in accordance with approved plans on file with said
Department. Said storage areas shall be designed, located and screened so as not to be readily
identifiable from adjacent streets or highways. The walls of the storage: areas shah be protected
Page 7
Staff Report to the
Planning Commissipn'
t]ecembec 15, 2003 :
Item No. 8
from graffiti dpportunities by the use of plant materials such as minimum 1-gallon size`dlinging vines
planted on maximum 3-Foot centers or tall'stirubbery. ,
6. 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.!3, Exhibit No. 1, (dated Augustj27, 2002)jExhibit Noi 2 (Recreation
building elevations) and: Revision( No. 1, Exhibit No. 3 (Recreation building floor plans and elevations
of new recreation building) and as'conditioned herein.
7. That within ninety (90) days from the date of this resolution, Condition Nos. 9 and 2
above-mentioned, shaUbe 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.
8. That approval of this application constitutes approval of the proposed request only to the extent that
iCcomplies with the Anaheim Municipal Zoning Code and any other applicable Ciry, State and
Federal regulations. Approval does not include any action or findings as to'compliance or approval
of the request regarding any other applicable ordinance, regulation or requirement.
Page 8
OM FRX N0. Dec. 10 2883 09:06RM P2
ATTACHIIENT - ITEM N0. 8
$~ettarr of Rtcatat:sl: for
Moaliffiicati®~¢ to E:~asQang iTse/Co>odataon of Appr®vs1/~~~timat
C>[TI<' 1®~~ ~ Rao Vista ~Iotsile estates
Intaodtrctiion
Rio Vista Mobile Estates is an existing mobile home pazk apptnved under CUP 1098.
The approved CUP includes 200 individual home sites (spaces), parking for residents,
management and guests, common azea landscaping, private streets, private utility
systems, trash enclosures, swimming pool, and a "clubhouse" building providing indoor
area for residents' recreational activities and office space for the park owner's
management team. The interior floor plans for the clubhouse submitted with the original
CUP application in 1969 have been modified and changed several times over the years to
accommodate changing needs of the community and management.. The building has
included a meeting hall, kitchen, library, rest rooms, areas for card tables and pool tables,
storage rooms, men's and women's sauna, indoor hot tub, janitorial office and supply
area, spacious entry and hallway azeas and offices for management personnel
The overall mobile home park wmmunity has a feel of spaciausaess with large common
area facilities, well maintained streets and landscaping, and more than adequate pazking
for the residents, .guests and management personnel, with 43 more spaces Phan required.
Description of Paaposed R~Iodiffcataons to 1Exhibits
The requese to approve modifications to the existing Exhibits will not change the actual
use of the building. It will continue to be used by the park residents and management. It
will, however, redesign the use of some of the space within the clubhouse building to
accommodate additional office space and the conversion of an unused outdoor
shuffleboard court into an enclosed resident recreation area. In addition to the interior
remodeling and mom addition, a Tot Lot Play area and BBQ facilities will also be
constructed in the existing open space near the clubhouse and pool.
The mobile home park was built as a`senior community in the late 1960's in an era when
shuffleboard was a popular recreational activity. The demographics of the park have
changed dramatically and houses mostly families. It is no longer a senior community.
Recreational activities have also changed over the years and the shuffleboard court bas
not been used for years. Residents of the park have expressed the desire to have more
"family and children" friendly recreational facilities. These proposed changes address the
needs of the families in the community as well as management's needs.
Y~lew IVF®Iti-Y°utpose Game lltaont
The existing outdoor shuffleboard court area and maintenance storage area that adjoins
the clubhouse on the northeast comer of the building will be converted to an enclosed
1,863 square foot resident recreation area and 760 square foot pazk maintenance shop.
The new resident recreation room will include a TV viewing area, card tables, library sad
reading area, and pool tables. It is anticipated that this facility will be able to be secured
from the rest of the clubhouse and open for use by the residents for extended hours.
FROM : FR}; N0. Dec. 10 2003 09:07RM P3
gage 1'wo ®October 28.2003 ~ Lette~Regrr~eest UUP 1098
1Vew Tot Lot Area _ _..__
A tot lot play azea with climbing equipment is planned in the space that is currently grass
and landscaping neaz the outdoor pool area. It is anticipated that the equipment and play
area would be about 1,500 to 2000 square feet. A photograph of typical play equipment
installed in other parks is provided.
)a)BQ Areas
nth the redesign of the landscape area around the new Toe Lot and pool area two or
three new ]3BQ's will be added for the residents use.
®®ea~e~v of retiesi~ ®€ floor plan to mceo oeiate changimm~
reca~eateomal anti ~aanagement needs of the park.
Families utilize different recreational facilities than seniors. Lazge areas previously
devoted to shuffleboazd courts, pool tables and card tables have sat empty and unused for
years. These activities have been scaled down and other activities added. A summary of
the resident recreation facilities and management office space is outlined below.
CBubDzouse Faci ' ll8age A~,~roa Square Feet
Indoor Resident i~ecreatSon F'acilifies 6,033
- Seating and Gather Areas in
Large Entry Hallway and Foyer 900
- General Propose Mceting Ha11 1,460
- Kitchen 270
- Restroome 5~
-Saunas 9p
- Indoor Hot Tub/Spa q50
- Multipurpose Boom (TV, Library, Card
Tables and Pool Tables l,g(3
Storage ~2
A?seaageenent Vices 2,929
Plaotograptes and .Floor Places
Photographs are provided showing the clubhouse and recreatioa facilities in the mobile
home park,
PNY~ PNY~N RpPO
S
ALL PROPERTIES ARE IN THE (SC) (SCENIC CORRIDOR OVERLAY) ZONE
General Plan Amendment No. 2003-00415
Reclassification No. 2003-00113
Conditional Use Permit No. 2003-04800
Subject Property
Date: December 15, 2003
Scale: Graphic
Requested By: MELVI'N R. SCHANTZ Q.S. No. 184, 185
GPA2003-00415: REQUEST TO AMEND THE LAND USE ELEMENT OF THE ANAHEIM GENERAL PLAN REDESIGNATING
THE PROPERTY FROM THE HILLSIDE LOW-DENSITY RESIDENTIAL LAND USE DESIGNATION TO THE GENERAL
COMMERCIAL LAND USE DESIGNATION.
RCL2003-00113: REQUEST RECLASSIFICATION OF THE SUBJECT PROPERTY FROM THE RS-5000 (SC) (RESIDENTIAL,
SINGLE-FAMILY; SCENIC CORRIDOR OVERLAY) ZONE TO THE CL (SC) (COMMERCIAL, LIMITED; SCENIC CORRIDOR
OVERLAY) ZONE.
AND CONSTRUCT AN AUTOMOTIVE SALES DEALERSHIP WITH
PENT WITH A STRUCTURAL HEIGHT GREATER THAN 35 FEET
D
MAXIMUM STRUCTURAL HEIGHT ADJACENT TO ASINGLE-FAMILY RESIDENTIAL ZONE
STRUCTURAL SETBACK ADJACENT TO A FREEWAY
REQUIRED LANDSCAPING ADJACENT TO AN fNTERIOR SITE BOUNDARY LINE ABUTTING
A RESIDENTIAL ZONE. 1081
., ~~.~.
k~, };
Staff Report to the
Planning Commission
Decembecl5, 2003
Item No. 9
9a. 'CEOA MITIGATED NEGATIVE DECLARATION (Motion}
9b. - GENERAL PLAN AMENDMENT NO: 2003-00415 (Resolution)
9c. RECLASSIFICATION N0: 2003-00113 i (Resolution)
9d. WAIVER'OF CODE REQUIREMENT (Motion)
9e. CONDITIONAL USE PERMIT'NO. 2003-04800 (Resolution)
9f. REQUEST FOR CITY COUNCIL REVIEW OF ITEM NOS. 9a; 9c. 9d
AND 9e (Motion)
SITE LOCATION AND DESCRIPTION:
(1) This irregularly-shaped, 5.7 acre property is lbcated at the northeast terminus of Via Cortez and
south of the SR-91 (Riverside Freeway), witha frontage of 161 feet on the northeasfterminus
of Via Cortez;: a maximum depth,of 1,370 feet and is located 837 feet nortft of the centerline of
Santa Ana Canyon Road (NO ADDRESS).
REQUEST:
`' (2) The petitioner' requests'approval of a General Plan Amendment to amend the Land Use
Element of the Anaheim General Plan redesignating the property,from the Hillside Low-Medium
Density Residential land use designation to the General Commercial land use designation.
(3) The petitioner requests reclassification of this property from the RS-5000 (SC) (Residential,
Single-Family; Scenic Corridor Overlay) zone to the CL (SC) (Contmercial'Limited; Scenic
Corridor Overlay) zone.::
(4) Ttte petitioner requests' approval of a conditional use permit under authority of Code Sections
18.44.050'.060, 18.84.062.031 and 18.84.062.032 to permit and construct an automotive sales
dealership with accessory roof-mounted equipment with a structural height'greater than 35 feet
(32 foot building plus 10 foot equipment enclosure) witfi waivers of the following:
(a); SECTION NO. 18.05.091.020 Maximum number of wall signs
(Not more than one 1 (wall sign'per
building unit`permitted;!three 3 wall signs
proposed)
(b)' SECTION NO. 18:44.062.011 ` - Maximum structural height adiacent to a
single-family ~esidential`zone
(16-feet permitted; 32-feet proposed)
(c) SECTION NO. 18.84.062.011 Minimum structural setback adiacent to a
__ freeway, 100 feet, fully landscaped
Yequired; 5-40 feet, fully andscaped
proposed)
(d) SECTION NOS. 1$.84.062.0142 - Required landscape setback adiacent to an
interior site tidundary line abutting a
residential zbhe l10 feet, fullyaandscaped
required; 0-10 feet, fullyaandscaped
proposed)
BACKGROUND: ?
(5) This property is currently vacant and is zoned RS-5000 (SC). The Anaheim General Plan Land
Use Element Map designates this property for Hillside Low-Medium Density Residential land
uses.
sr8873av
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Staff Report to the
Planning Commission
December'15, 2003
Item No. 9
(6) Surrounding General Plah Map land use designations are as follows:
Direction General Plan"
:Designation " "
North Freeway
East Hillside Low-Medium
Density Residential
South Hillside Low-Medium
Density Residential
West antl Southwest Geheral Commercial
(7) The following zoning actions pertain to this property:
(a) General Plan Amendment No 2001-00395 (to redesignate the northwesterly 3.9 acres of
this property from the General Commercial and use designation to the Hillside Low-'
Medium Density Residential land use designation) was approvetl by the City Council'on
October 16' 2001, subsequent to Planning Commission approval on September 24,2001.
(b) Reclassification No. 2001-00054'{to reclassify this property from the RS-A-43,000(SC}
(Residential/Agricultural; Scenic Corridor Overlay) zone to the RS-5000(SC) zone was
approved by the Planning Commission on Septembec24, 2001:? The ordinance was
adopted by the City Council on Decembec6, 2001.
(c) Variance No. 2001-04443 (to waive required frontage on a street, maximum fence height,
maximum lot coverage and open: space requirements'and minimum lot width) was
approved by the City Council on October 16, 2001, subsequent to Planning Commission
:approval omSeptember 24, 2001.
(d) Tentative Tract Map No. 16255 (to establish a 22-unit, 23-lot detached single-family
subdivision) was approved by the City Council on October 16,:.2001, subsequent to
Planning Commission,'approval'on September 24, 2001.
The above-mentionedentitiements were approved as part of a 126-unit single-family:.
residential ubdivision (Canyon Oaks). A portion of3his residential subdivision to the south
of the subject property!is currently being developed. The northern portionbf the previously-
approved project (the subject property which is entitled for 22 single-familyhomes) was
eliminated from the Canyon Oaks development due to engineering and site constraints.
GENERAL PLAN AMENDMENTREQUEST:
(8) The petitioner requests an'amendmeht to the Land Use Element Map of the General Plan to
redesignate this`property from the Hillside Low-.Medium Density land'use designation to tfie
General Commercial land use designation.
'Page 2
Staff Report to the
`Planning Commission
` December,l5, 2003
Item No. 9`
(9) Tfie Anaheim General Plan provides an official guide for future development within the City ahd
is intended to promote an arrangement of land uses,: highways: and public services which
provide orderly development and adequate provision fog public improvements. Since the initial
adoption of the General Plan in November of 1969, the Planning Commission and City;Council '
have viewetl he General Plan asbeing flezi6le within specified ranges. This is reflected in the
introduction'to the General Plan text whichprovides asfollows:
"The Anaheim General Plan is not a precise plan and does not show, nor intend to show, the
exact land'use pattern which will in fact occur. Instead, if indicates the general location of land '
uses and the interrelationships of various land use patterns as shown on the Genera(Plan
Cand Use Map. Thee Plan constitutes an expression of current City objectives, principles,
standards, proposals and policies and provides a basis from which decisions relating'to
'specific land use proposals cah be made."
(10) Following is a comparison of the existing Hillside Low-Medium Density Residential and the
proposed Geheral Commercial land use designations; including associated traffic information.
Maximum number of tlwelling units are based on density rangespermitted for the given land
use designation. The average daily trips have been generated based on the Anaheim: Traffic
Analysis Model (ATAM) and the submitted Traffic Ahalysis for the associated land use: types:
ADOPTED GENERAL PLAN (EXISTING)
Land Use Approximate '' Typical :Density Range .:Potential Estimated
Designation Acres Implementation ' (DU's"per Dwelling Units 'Average Daily
"
Zone Gross Acre " Tri
s ADT
Hillside Low-
Medium s 5.7 RS-5000(SC) Up to 6 ' 34 272
Density
Residential
PETITIONER'S PROPOSAL (EXHIBIT A)
Land Use Approximate Typical, Density Range Potential ' Estimated
Designation Acres " {mplementation (DU!s"per , Dwelling Units " 'Average Daily
"
Zone ' Gross"Ac~e Tri s ADT * '
General
Commercial 5.7 CL SC - 200*
*' Estimated average,daily trips based.. on submittetl Traffic Analysis (Linscott, Law & Greenspan, Engineers; 2003)
(11) Tfie existing Hillside Low-Medium Density Residential'designation is intended to provide for and
encourage he development of single-family homes. The Hillside Low-Medium Density
Residentiali designation. permits up to six (6) dwelling units per gross acre (up to approximately
34' dwelling units on the property); and is typically implemented by the RS-5000(SC) zone.
(12) The proposetl General Commercial designation would provide for the development of a wide
variety of commercial uses, shopping centers and small businesses and would typically be
implemented by the CL (SC) zone.
(13) Staff believes that the General Commercial land use designationis an appropriate transition
from the commercial development to the west and southwest. The Anaheim General Plan Land
Use Element Map originally designated 3.9!acres of this property for General Commeroial land
uses. Since he general plan land use designation was amendedto the Hillside Low-Medium
Density Residential land use designation in 2001, residential development of this property has '
been attempted without success because of the numerous site constraints' including ;
Page 3
Staff Report td the
Planning Commission
December 15, 2003
Item No. 9
easements, flood control channels, irregular shape and proximity to the SR-91 (Riverside
Freeway).
DEVELOPMENT PROPOSAL:
(14) The petitioner proposes to establish an automotive sales dealership (Caliber Motors, Mercedes
Benz). The project includes construction of a two-story: (32 feet high topped with a 10-foot high
equipment screen at the center of the roof), 20;162 square foot showroom with administrative
and sales offices and roof-mounted`equipment A one-story (25 feet high withi no roof
equipment), 11;760 square foot vehicle accessory preparation building is alsoproposed.
(15) The site plan (Exhibit No. 1) indicates the proposed buildings wouldbe developed with the
following structural andlahdscapedsetbacks:
Direction Proposed Building/ Code-Required Code-Required.
Landscape Setback Building Setback Landscaped
Setback'
North (adjacent to SR-91 15 feet to building
Freeway) 5-40 feet of ` 100 feet: 100 feet'
lahdsca in
300 feet to building
East 20 feet of s 10 feet ? 10 feet
lahdsca in
South 32 feet to building
0-10 feet of r` 64 feet ' ' 10 feet I
lahdsca in
West (adjacent to Via 570 feet to building
Cortez) 15-40 feet of 15 feet: 15 feet
lahdsca in
?Code permits a reduced landscape;setback ofbetween 14 feet and 20 feet whenthe setback area is
used for parking.
(16) As evidenced in'the above'table, plans indicate compliance with the minimum 15-foot wide
landscape and structural setback from Via Cortez and the 10-foot wide landscape setback
adJacent to the residential zone to the east. However, a Sao 40-footwide landscaped setback
fromthe Riverside Freeway is proposed and Code requires a minimum 100-foot wide
landscaped setback adjacent to a freeway. Plans also indicate 0 to`10 feet oflandscaping
along,the south`property line and Code requires 10-feetof landscaping adjacent to a residential
zone::
(17) The site would also contain the outdoor display of vehicle inventory dispersed among
landscape planters and a reflective pool. The'site plan indicates that the entrance of the'.
dealership would include a drivewaywith enhanced paving and a landscaped median
containing a security guard kiosk. A section ofthe existing concrete drainage channel on he
soukh side of the property'would be covered to'aliow vehicle circulation.
(16) Floor plans for the vehicle sales building (Exhibit Nos. 2 and 3) reflect a iwo-story building with
a total of 20,162. square feet. The first floor contains a foyer and reception area at the western
entrance, and restrooms, elevator, sales offices, customer waiting area, refreshment bar and
parts`boutique'(limited retail) locatedjn the center core. `The showroom area surrounds he
core and comprises the majority of floor area.'The second floor core area is designated far
offices, storage; a conference room; restrooms and a customer theater. The entire perimeter of
the second flpdr is open to the showroom below.
Page 4
Staff Report to the
`Planning Commission
Decemberl5, 2003
Item No. 9'
(19) The floor plan for the vehicle preparation building (Exhibit No. 4) ihdicates an 11,760 square
foot, one-story building:.containingstorage rooms, tertstalls designated foCVehicle detailing,
~estrooms, an office and employee locker and break rooms. Areindoor car wash and i-elated
.equipment would be located within the northern portion: of the building.
(20) Vehicular access to the site would be provided by one (1 }driveway from Via Cortez. The site
plan proposes a total of 103 employee and customerparking spaces for the proposed?
automotive dealership. ';Code requires a minimum of'.103 spaces based on'the following:
'Code-Required " "
Use Square Footage " "Parking Ratio per Parking
1;000"s.f. of gross Spaces
"floor area Re wired
Sales building
showroom area '12,662 2.5/1000 31.7
Sales building (office:
:area ::7,500 4/1000 30
.Vehicle preparation r
buildin ?11,760 3.5/1000 41:2
:Total i 31,922 '- '103
the vehicle preparation building indicate a 1-story, 25-foot high concrete tilt-up building with a
decorative masonry base, stucco'walls and an Alucabond roof-cap, The east and west
elevations would also contain tempered-glass overhead doors for inventory;to enter the vehicle
preparation and car wash areas.:!
(22) The submitted elevations further indicate three (3), 74-square foot wall signs to be located on
the north, east and west elevations of the proposed vehicle sales buildingidentifying the name
and logo symbol for the dealership, Code allows nofmore than: one (1) wall sign per: building
unit within the Scenic Corridor, and three (3)'wall signs`are proposed. Code further allows one
wall sign not to exceed `10 percent of the building elevation. Since precisesign planshave not
tieen submitted, staff is recommending a condition of approval that the petitioner shaltsubmit a
final sign plan for review and approval by Zoning Division staff.
(23) The submitted landscape plan (Exhibit No. 9) indicates a 0-10 foot wide landscape setback
along the south property line consisting of three types of groundcover, 60,'3ii-inch box
Evergreen screen trees, and 30-inch high sfirubs to screen the project from neighboring single
family residential homes. A 20-foot wide landscape setback consisting of 1_5, 36-inch box
evergreen screen trees, 30-inch high screen shrubs and ground cover is proposed along the
east property line. On he north property line adjacent to the freeway, the plan indicates a 5-40
foot wide landscape setback consisting of two types of groundcover with 12; 16-foot brown
trunk height Queen Palm trees and 30-inch fiigh ornamental shrubs. The1andscaping within
the parking area to the!east would consist of groundcover and'17; 16-foot brown trunk height
Queen Palm:trees. The customer parking area and base of the sales building would be
Page 5
Staff Report to the
Planning Commission
December 15,2003
Item No. 9
landscaped with 11, 25-foot brown trunk heightpalm trees, two types of grountl cover, aril
ornamental shrubs. Vehicle display area landscaping would consist of 30.16=foot browntrunk
height Queen Palm trees,;groundcover, and ornamental shrubs separating theivehicle display
areas from the main driveway. Landscaping foc he main entrance of Via Cortez would consist
of 8 25-foot brown trunk height palm!trees, 3, 24-inch box street trees, two type's of
groundcover and ornamental shrubs.'
(24) The submitted cross-sections of the proposed buildings (Exhibit Nosi 7 and 8) demonstrate the
relationship between the vehicle sales building,'the vehicle: preparation building, freeway and
the residential neighborhood currently under construction to the south. These cross-section
details indicate that the new building; pad elevation would be 9 feet below the grade of the
freeway and 2-3! feet above the grade of the homes to the: south. The building :pad of the':
proposed vehicle preparation building would be 8-9 feet below the freeway grade and 1 foot
above'the building pad of the new residential units. The section plans further show the
proposed screen trees to tie plantedbetween the proposed dealership and the residentiaP
neigfitiorhood.
~ ~ - ~ ~
'" r r ~ ~ k ``~3
.,c s+ ~ ,~"~,
a
"~ ~~ ~ u 1 ~~,`'~~ 1
ri ~
erm+~e-I. : x~W~u i.
`~r~"~aa~ ~ s`~- te'a' ~^, s"'~~s,.r~ r s -~m; ,~ "`i~~~ ~1z ~~~,~`.-~. ,-~ ,i&r r~
h -'~r~ y~ `^f~-.`'"~~~"~°3~~u~4~ . ~~c~ ~s ~ ' '„ f..^~ a ~~'r `r~~~'~` -.. U. ~r~~c~ *f
i'c .! ,r.,U r~~~'~~y-k~,r~~~"'-sue ~ ~h.~u.r~-'' +~y~~ ^ t", .t 'z r
"~ ,'
I 0 ~ ~ ~ ID i bi fit '"2 ~ @f. l~ + ,~`'
3,; ,1,,., ... _ ~_,. ~s5 .t ~ _ _ . ~ .~ _ . ~ , .
~~„
!!! Cross sections looking west
(25) The roof plan (Exhibit No. tp) shows the strategy employed by the petitioner to screen roof-
mounted equipment. As previously mentioned`a circular, metal enclosure would extend'above
the roofline and would completely enclose ail roof-mounted equipment areas. This serves as
an architectural feature of the building. and would provide for an effective visual screen for the
roof-mounted equipment. However, roof-mounted equipmenk proposed within he Scenic
Corridor requires'the approval of a conditional use permit.
(26) The submitted letter of operation describes the proposed project as a retail vehicle sales facility
for Mercedes Benz authorized motor vehicles. The dealership intends to have 20 to 35
employees per shift. The (tours of operation would be 7 am. to 9 p.m., daily. 'The proposed
dealership would`operate in conjunction with Caliber Motors facility located in the Anaheim
Canyon Business Centerat 5395 East La Palma Avenue. Vehicle inventory would be delivered
Page 6
Staff Report to the
Planning Commissioh
December 15, 2003
item No. 9'
to the main sales facility on La Palma Avenue then individually driven to the'proposed`facility.
Tfie servicing of vehicles would continue of the main dealership as this proposal would not
contain any,facilities for vehicle repair.
ENVI RON MENTALJMPACT ANALYS IS:-
(27) Staff, acting on behalf of the City of Anaheim as the Lead Agency for the project, has reviewed
the proposal'and the Initial Study (a copy of which is available for7eview in the Planning
Department): The City conducted its own independent evaluation and analysis of the
documentation prior to'releasing`it for public review. The City determined fiat a Mitigated
Negative Declaration was appropriate because the initial study identified potentially significant
effects, but, revisions in the project plans oPproposals'made by or agreed to by the applicant
before the proposed Mitigated Negative Declaration and initial study were released for public
review would avoid the'effects or mitigate the effects to a point where clearly no significant
effects would occur. Mitigation measures have been identified in the Negative Declaration and
Mitigation Monitoring Plan No. 122 (Attachment "A") for the project. Therefore, staff `,
recommends that a Mitigated Negative Declaration be'approved upon a finding by the
Commisslom that theDeclaratiomreflects the independent judgment of the'lead agency; and
that it has considered the proposed Mitigated Negative: Declaration together with any;comments
received during the public review process and further finding on3he basis of the Initial'Study
that there is no substantial evidence, with tfie imposition of mitigation measures, that he projects
will have a significant effect on the environment. The Commission may wish to note tfiat the
mitigation measures identified and incorporated into this Mitigated Negative Declaration are
subject to the monitoring/reporting program`as set forth by Section 21081.6'of the Public
Resources Code.
(28) The Initial Study evaluates potential aesthetic impacts the projecF may have on the surrounding
residential neighborhoods. Since he project site in located within the Scenic Corridor+Overlay
and adjacent to a Type Scenic Highway (Viewscape Corridor), mitigation measures related to
landscaping: and the visual screening of roof-mounted; equipment are proposed in order to
ensure the visual quality and character of the project. The potential impacts of light and glare
from the proposed project are also addressed. A Photometric Analysis (Appendix A) prepared
by LSI Industries in November 2003, indicates the lighting design would result in a reading of
less than 0.5 foot-candle from the propertyline. Mitigation measures also include switching to
security lighting after 9jp.m. and the utilization of non-reflective glass on the sales building in
accordance with the best available technology.
(29) Tfie Initial Study contains an Air Quality Analysis (Appendix B) prepared by CSA Associates,
Inc. on October 9,.2003, which evaluates potential air quality impacts associated with3he
proposed project. Recommended mitigation measures pertaining to the short-term :
construction impacts to air quality!are included in Mitigation Monitoring Plan No. 122J
(30) According to he Traffic Impact Analysis (Appendix C);; prepared by Linscott, Law & Greenspan,
Engineers on November 10, 2003, implementation of ne projectwould not`fiave a significant
increase in Traffic in relation to tfie existing traffic loadand capacity of the street system. Each
of the five intersections in the project area would continue to operate at an'acceptable level of
service. Therefore, no'significanf impacts would occur. The proposed project would not
individually or cumulatively exceed the level of service,(LOS) standard established by the
Orange County Congestion Management Program. Tfie key study intersections are expected to
operate at LOS D or better during the Friday AM and PM peak commute hours and at LOS B
during mid-week AM and PM peak commute hours, with implementation ofahe project. In
atldition, the proposed'project would generate 11 fewer daily trips than the: approved residential'
development for this property. Therefore, no traffic mitigation measures are recommended in
conjunctionwith this request.
(31) The Biological Resources section of the submitted Initial Study is based orr several biological
resource field surveysr? On July 31, 2000, a study was conducted by BonTerra Consulting as
Pagel
Staff Report to the
Planning Commission
December 15, 2003
Item No. 9
part of the former Maag Ranch Project located'directly south of the proposed project site' On
May 22, 2002,$iologlcal surveys were conducted by Impact Sciences as part of the Canyon
Ranch Project and on September 3,`2003, studies were cdnducted by LSA Associateslor the
proposed project. Existing documentation pertinent to the biological. resources on or in the
vicinity of the project site was compiled and reviewed as part of this'analysis and is included in
Appendix D of the Mitigated Declaration. Mitigation measures are proposed to ensure
compliance with Section 3503.5 of the California Fish and` Game Code and issues pertaining
the existing concrete-lined'drainage channels located on the property.
(32) The Cultural Resources Report (Appendix E) was conducted by LSA Associates on October 8,
2003:: Mitigation measures pertaining to cultural and arcftaeological`resources'are included in
Mitigation Monitoring Plan'No. 122.
(33) A preliminary Geotechnical Report (Appendix F) was conducted by Geokinetics, Inc. on
October 9, 2003 for this property and the adjacent property to the'south. Mitigation Monitoring
Plan No. 122 includes mitigation measures pertaining to.Geology antl Soiis to ensure proper
seismic design of all structures and protection of the MWD pipeline located beneath the site.
(34) Appendix G and H of the Mitigated Negative Declaration inclutle a Preliminary Hydrology Study
and a Conceptual WaterQuality Management`Plan prepared by Anacal Engineering on
September 3Q,2003. Mitigation measures pertaining to Hydrology and Waterquality are`
included within Mitigation Monitoring Plan No. 122. Mitigation applies to management practices
designed to reduce the discharge ofpoltutants :into the existing drainage channel.
(35) A Noise Impact Analysis (Appendix I) was conducted by LSA Associates on October 9, 2003, to
evaluate potential noise impacts associated with the proposed project. The study examined
potential short term construction noise, long-term operational noise and long-term traffic noise
impacts from the project site to the adjacent residential neighborhood. The study indicates
short-term construction noise may include excavation, gratling and the erecting of buildings on
the site. In order to reduce construction noise impacts, mitigation measures including restricted
construction hours, muffled construction equipment, and proper construction stagings are
included in Mitigation Monitoring Plan No. 122. The study also identified potential traffic rtoise
impacts to the proposed dealership from the SR-91 (Riverside) Freeway. To alleviate Interior
noise'impacts to the proposed dealership, mitigation measures pertaining to the materials used
for windows and the use of an air-conditioning system aresproposedi Lastly, noise impacts
associated with the long-term operation of the proposed dealership are mitigated by restricting
the proposed dealership from the use of any outdoor loudspeakers'and prohibiting the repair or
maintenance of vehicles and containing all roof-mounted equipment within an'acoustical
enclosure.
(36) As of the date of writing this staff report, staff has not received any comments regarding the
environmental impacts of the proposed projectdiscussed' in the Mitigated Negative Declaration.
GROWTH MANAGEMENT ELEMENT ANALYSIS:
(37) The proposed project hasbeen reviewed by affected City tlepartments to determine whether it
conforms with the Clty's Growth Management Element adopted by the City Cduncil on March
17, 1992. Based on a staff review offthe proposed project' inciudingthe Initial Study, it has
been determined that as conditioned herein, including the'mitigation!measures'contained to
Mitigation Monitoring Plan' No. 122, the project would nofttave any unmitigatedimpacts to area
infrastructure.
EVALUATION:
(38) The petitioner requests amendment to the General Plan land use designation from the Hillside
Low-Medium Density Residential designation to the General Commercial designation and
rezoning of the property from the RS-5000(SC)'zone to the CL(SC) zone. The'requested;
rezoning wouldbe compatible with tfie proposed General Plan designation of"General
Page 8
'Staff Report to the
Planning Commission
December,15, 2003
`item No. 9
Commercial: The CL(SC) zone incompatible with the adjacent hotel to the'west and the
commerctaiFetail center to the southwest.
(39) The establishment of the proposed automotive dealership with accessory roof-mounted
equipment with a structural heighYgreatedthan 35 feetjis permitted within the CL (SC) Zone
subject to the approvalfof a conditional use: permit. Staff feels that the design of the proposed
project and operation of the proposed use would be compatible with the surrounding
commercial and residential uses. -Because the proposed use would be in close proximity to a
single family residential neighborhbod, careful consideration hasbeen given to the potential
impacts of fighting, traffic, noise and aesthetics of the project. Staff has included specific
conditions of approval prohibiting: any automotive repair, the use'of outdoor oudspeakers, test
driving of vehicles in residential neighborhoods, and the deliveryof inventory vehicles by
automotive transport trucks. In addition to hese conditions, staff is also recommending
conditions of approval pertaining to site landscaping, lighting, roof-mounted`equipment, and
property maintenance and operation. As conditioned,'staff believes that the; proposed
automotive sales dealership would not adversely affect the adjacent surrounding properties and
that the integrity of the residential'heighborhoods to the south and the east would notbe
compromised. Because the site' is adequate to accommodate the proposed automotive sales
dealership, staff recommends approval of this conditional use permit.
(40) Waiver (a) pertains to the maximum number of wall signs. Properties located within the Scenic
Corridor Overlay are permitted one 1 wall sign per building unit and the petitioner is proposing ;
three 3 . The petitioners Statement of Justification for Code Waiver (attached) indicates that
although the property is located adjacent to the SR-91 (Riverside) Freeway, he property does
npt have visibility from any other major street. Regional and local: customers would be entirety +;
dependent on signage viewed from the freeway. Staff feels that locating wall signs ort the
north, east and west elevations inappropriate, since no freestanding signs are proposed with
this request and because the proposed wail`signs are oriented toward the freeway rather than
the residential neighborhood currently under construction to the south. Thewall signs; are
compatible with the design of the`sales center buildingrand are well below the maximum size of
10 percent of the northeast and west building elevations, Moreover, similar sign waivers have
been granted' for businesses within the retail center to the southwest. Due3o the site Pelated
hardships, staff recommends approval of waiver (a).
(41) Waiver (b) pertains to maximum structural height adjacent to a single-family residential zone.
Code requires that the height of any building within 150-feet of any residential zone boundary
shall not exceed one-half the distance from the bu(Iding to such zone boundary. The ales
building is proposed at a height of 32 feet and is located 32 feet from the residential zone
boundary. In order to comply with: Code, the building would need to be located 64 feet (2:1
ratio) from the residential zone boundary. The petitioners Statement of Justification'oescribes
the development constraints of thrs site based on the narrow shape, easements and access.
Staff feels that this waiver is justified due to these special circumstances that would limit
placement of he salesbuilding to the proposed location. Further,: a 15-foot wide sewer
easement is located along the entire south property line of the site. This easement is zoned
residential, but is restricted from development, therefore providing an additional 15-foot wide
buffer between the sales building and the residential units being developed to the south. When
considering this easement, the proposed sales building. would actually be 47 feet from the
residential lots.
(42) Waiver (c) pertains to the required structural'setback adjacent to a freeway. The CodeYequires '; j
a minimum setback of'100 feet,,fully landscaped buYwhen used'as part of an automobile
parking area,llthe Codei~permits the landscape setback to be reduced to 14 - 20 feet: Plans
indicate a 15= foot widestructural'setback,:with 5-40 feet of landscaping. The attached i
Justification for Code Waiver indicates that the narrow width of the property;: the existing flood
control channels and the 50-foot wide pipeline easement create significaht8evelopme~t
challenges."Similar to waiver (o) above, staff feels thatthis property imposes several
Page 9
Staff Report to the
Planning Commission
December 15 2003
Item No. 9
development constraints (including the sloped freeway banks), which do not apply to similarly
zoned properties within the vicinity;,ttrerefore, staff recommends approval of this waiver.
(43) Waiver (d) pertains to required landscaping adjacent to an interior site boundary line abutting a
residential zone> Code requires a minimum landscaped setback of 10 feet abutting any
residential zone: and 0 to'10 feet of landscaping,is proposed. The petitioner's Justification for
Code': Waiver describes the proposed waiver as critical lathe commercial developmenfof the
site based on the locationiof the flood control cfiannels and pipeline easement; Staff agrees
that fhe locationiof an existing flood control channel at the south property line limits the
placement of landscaping abutting the residential zone. Landscaping is proposed to thenorth
of the flood control channel including ixty, 36-inch box size trees acting as a'tiuffer to the
residential neighborhood to the south`. Staff recommends aooroval'bf this waiver basedbn the
special circumstances applicable to this property.
(44) The Commission may wish to note that on December 2, 2003, Zoning Division'staff hand;
delivered public`notices to he new residents of the Canyon Oaks developmenf describing the
proposed project since uptlated property owner'information from the'County Tax Assessor's
Office is not yetavailableto the City.;
HOUSING ELEMENT ANALYSIS:
(45) Effective January 1, 2003, Government Code Section 65863 restricts a city's ability to reduce
the maximum allowable density on property in areas already designated or zoned for residential
uses to a level below the density used by the State of California Housing and Community..
Development Department (HCD}when determining whether a city's(housing element complied
with state law. It is immaterial under fhe statute whether the reduction is initiated by a city or by
a member of the public. Afcity may neither require nor permit the reduction of tlensity or any
such residentially-designated parcel, unless the following findings are made:
(a) That the proposed reduction in density is consistent with the General Plan, including the
Housing Element.
(b) That the remaining sites identifietl in the Housing Element are adequate to'accommddate
the City's share of the regional housing needs.
If a city cannot make the second finding, it maystill make the reduction in density if it identifies
sufficient "additional, adequate, and available sites" with an equal or'greater residential capacity
in the'Jurisdiction so that there is no net loss of residential'unit capacity. In some instances, it
may be necessary for the "city to "up-zone" some other area of the city in order to legally
accomplish a ddwn-zoning`(Govemment Code$ection 65863). This statute provides attorneys
fees to a successful plaintiff challenging a city under the statute.
The City Attorney's Office has reviewed Section: 65863 antl advised that Government Cotle
Section 65803 states that the sections in Chapter 4, of which 65863 is a part, do not apply to
charter cities except as otherwise provided. Since Section 65863 does not specificallylndicate
applicability to charter cities, it is believed that such provision does not apply to'Anaheim a
charter' city. However, as a practical matter the'~eclassification of property needs to be
consistent with the Generai Plan, including the Housing Element. Anaheim has a Housing
Element, approved by HCD, based upon the City's provision of certain identified Housing:"
Opportunity Sites. To ensure that zoning actions remain consistenfwith the General Plan, it is
recommended that the findings in Section 65863 be utilized as a model, and be analyzed.. by the
City when property is rezoned to a density below that considered inlthe approved Housing
Element as a method of determining continuing'conformance withtne assumptions contained
therein.
Page 10
Staff Report to the
Planning Commission
December';15, 2003
item No. 9''
'(46) The City's regional housing need share during the planning period 1998 to 2005, is 11;508
units. Overall, the Housing Element identified 154 housing opportunity sites throughout the City
with density;ranges toaccommodate 16,048 to 20,841>housing units. In a'conservative
analysis, a reduction in residential'density which results in a loss'of fewer than 4,500 units will
not impact the City's atility to accommodateits share'of the regional housing need and would
remain consistent with the Housing Elemenfof the General Plan. The City;. however, may
reduce the density on these sites,beyond 4;500 units, provided itremains in'oonformance with
the approved Housing Element, which maybe accomplished by identifying sufficient additional,
adequate, and available sites witH'an equator greater residential density so that there is no net
Idss of residential unit capacity.
(47) In order to ensure that zoning actions which grant a reduction of density on residentially zoned
properties are consistent with the City's General Plan,;including tfte Housing. Elemehfas
approved by HCD, it is recommended that the Planning Commission utilize the methodology
set forth in Govemment Code Section 65863. Although it is believed that said section'is not
applicable to'Anaheim as a charter city, it is recommended that the proposed action tie
considered and evaluated to determine that'if the reduction of density results in a density level
below that used by HCD when determining whether the Housing Opportunity Sites identified in
the City's Housing Element complied with state law, that the following findings, without waiver
of the City's'charter city!authority, be made: i
(a) That the proposed reduction in density is consistent with the General Plan, including the
Housing Element; and
(b) That the remaining sites identified in the Housing ElemenCare adequate to
accommodate he City's bare of the;regional housing need pursuant to Govemment
Code Section 65584.
Page 11
Staff Report to the
Planning Commission
December 15 2003
Item No. 9
(4t3) The Housing Element of the General Plan indicates the following Housing Opportunity Sites
within the eastern portion of the City.
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®: pPPORTJNIiY SIlE5
(49) The project site contains two (2) of the six (6) parcels identified as Site No. 1 of the East f
Anaheim Area in the Housing Elemenf with a density range. of 4 to 6`units per acre. The site is
5.7 acres, but only 4.9 acres of the project site isanalyzed'in the Housing Element;
accommodating;l9 to 30 units. The proposed lartd use designation(General Commercial) and
rezoning (CL) would result in a total maximum loss of 30 units from the maximum number of
potential units identified in the Housing Elements
(50)' As noted above, reductionsin residential density which result in a loss of fewer than 4,SOOLnits
will not'impact the City's atiility to accommodate. its sharebf the regional housing need and
would remain consistent with the Housing Element of the GeneratPlah.
(51) The Planning Commission previously recommended downzoning of the Five Points area
(southwest of Lincoln Avenue and West Street).lThe downzoning effected a maximum 15`-unit
reduction of parcels identified in the Housing Element. The prior action and the proposed '
rezoning of the subject property will result in a total combined reduction of a maximum of 45
units. The remaining sites Identified in the Housing Element providES residential unit capacity in
excessbf the proposed 45-unit reduction in density identified to date.'
(52) Based on the foregoing, Staff recommends that the Planning Commission determine that the
proposed reclassification is consistenfwith the City's General Plan, including the Housing ;
Element, furtherfinding the remaininghousing opportunity'sites identified in the Housing
Element are adequate to accommodate the City's share of the regional housingheed.
Page 12
Staff Report to the
Planning Commission
fDecember,15, 2003
Item No. 9'
FINDINGS:
(53) When practical difficulties or unnecessary hardships result from strict enforcement of~the Zoning;
Code, a modification maybe granted for the purpose of assuring hat no property, because of
special circumstances applicable'to it, shall'tie deprived of privileges commonly enjoyed by
otfier properties in the same vicinity and zone. The sole purposeof any code waiver is to
prevent discrimination and none shall be approved which would have the effect of granting a
special privilege not shared by other similarproperties. Therefore, before any code waiver is
granted by the Commission, it shall be shown:
(a) That there arespecial circumstances applicable to the property such as size, shape,
topography, location or surroundings, which do not apply'to other itlentically 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.
(54) Before the Planning Commission grants anyconditional use permit, it must make a finding of
fact that the evidence presented shows that all of the following conditions exist:
(a) Thaf 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 apermitted'use;
(b) Tharthe 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) Thatthe traffic generated by the proposed use'will not impose an undue burden upon i
the'streets and. highways'`designedend improved to carry the traffic in the area; and
(e) That the granting of the conditional use permit-under the conditions imposed, if any, will'.
not be detrimental to the peace, health, safety and general welfare of the citizens of the
City of Anaheim.
RECOMMENDATION:
(55) Staff recommends, unless additional or contrary information is received during the meeting, and
based upon'the evidence submitted to the Commission including the evidence presented in this:.
staff report,'and oral and written evidence presented at the meeting, the Commission take the
following actions:
(a) By motion, approve a CEQA Mitigated Negative Declaration based upon the: findings :
cdntained in'the lnitiaf Study and as summarized in the "Environmental Impact
Analysis" section of this staff report and a thorough review of the project proposal and
the MND including Mitigation Monitoring Plan No. 122, and finding that potentially
significant impacts have' been eliminated or reduced to`a level considered less than
significant; and that there is no substantial evidence that the project will have a
significant effect on the environment. ~,
(b) Byresolution,'recommend approval of General Plan Amendmenf tJo. 2003-00415 (to
'redesignate this property from the Hillside Low-Medium. Density Residential land use
Page 13
Staff Report to the
Planning Commission
December 15 2003
Item No. 9
designation to the General Commercial land use designation) by adopting Exhibit A
based on the following:
(i) `That the proposed General Commercial land use designation is consistent
with the adjacent and nearby General CommercialJand use designation to the
west and southwest:
(ii) .That the property is not a viable residential site due to development
constraints such as'easements, concrete flood control channels and the size
and shape of the property.
(c) ;, By resolution, aoprove Reclassification: No. 2003-00113 (to reclassify this property
from the RS-5000(SC) Zone to the CL(SC) Zona)based on"the CL(SC) Zone being an
implementation lone of the General Commercial'land use designation and that such
zoning;which allows commercial uses would be appropriate for this location, and.
finding Shat the proposed reclassification is consistent with the Housing Element of the
Anaheim General Plan and`that there would be no net loss'of Housing Opportunity
Sites resulting from the proposed reclassification as analyzed in paragraphs 45'
through 52) above.
(d) 4 By motion, approve waiver (a) pertaining to maximum number of wall signs, waiver (b)
pertaining to maximum structural height adjacent o asingle-family residential zone,
waiver(c) pertaining to minimum structural setback adjacent to a freeway, and waiver
;, (d) pertaining to minimum required landscaping atlJacent to an interior'site boundary
line abutting a residential zone, based on the following:
(i) That waiver (a) pertaining to maximum number of wall signs should be
approved because the property has no visibility from'surrounding pubic sheets
and therefore would rely on identification from the freeway. Further, the wall
igns proposed are much smaller than what would be allowed by right and
similar waivers have: been granted for other commercial businesses in the
vicinity, and because the signs#ace the freeway and'would have no impact on
adjacent and surrounding residential properties.
(ii) That waiver (b) pertaining to maximum structural height adjacent to asingle-
familyresidential zone should be approved since these are special
'circumstances applicable to this propertysuch as its1ong, linear and narrow,
shape; and further, that the existing 15-foot wide sewer easement provides an
additions(buffer since the easement would restrict development of this area
and therefore provide further protection tb the residehtial neighborhood to the
south.
(iii) That waiver (c) pertaining to minimum structural setback adjacent to a freeway,
'should be;approved tiased on tfie site constraints described irtwaiver (b) such
as the narrow width of the property, the existing flood control channels and the
50-foot wide pipeline easement:
(iv) That waiver (d) pertaining to minimum required landscaping adjacent to a
residential zone should be approved based upon the constraints posed by the
location of an existing flood control channel at the south end of the property
'that limits the placement of landscaping abutting the residential zone and the
landscaping proposed to the north of the flood control channel'acts as a
sufficientbuffer to the residential neighborhood to the south.
Page 14
Staff Report to the
Planning Commission
becember 15, 2003 `
item No. 9 !'
(e) By resolution, approve Conditional Use Permit No. 2003-04800 (to permit and
construct an`automotivesalesdealership with accessory:roof-mounted equipment with:
a structural height greater than 35#eet) based on the following:
(i) s That the proposed use is properly one for which a conditional use permit is
authorized by the Zoning Code for the CL(SC) Zone.
(ii) That the proposed use, as conditioned,. will not adversely affect the adjoining
land uses and thegrowth and development of the: area in which it is proposed
to be located because the site design and location of the proposed building,
and the design and operational measures incorporated intoithe projectare such
that the edjacentand surrounding properties would not be negatively affected.
(iii) That the size and shape of the site for the proposed automotive dealership is
adequate to alloWthe full development of the proposed use in a manner not
detrimental to the particular area nor to the peace, health, safety, and general
welfare; and, with"the exception of the above waivers which' are necessary due
to site constraints, the proposal complies with the provisions set forth ih the
Code.
(iv) 'r That the traffic generated by he proposed construction and use would not
impose an undue' burden upon the streets and highways designed and
improved to carry raffic in the area due to the fact that the operation would
generate an average 200 daily trips, which is less than the previously-approved
residential development.
(v) That the proposed use, as conditioned, would not adverselyaffect the adjoining
land uses and the;growth and development of this area based on the i
compatibility of the site design and business operation to the adjoining,
residential and commercialland uses.':
(f) In the event the Commission approves the General Plan'Amendment request, staff
recommends"that Commission request the Council to consider the reclassification,
waiver of code'requirement, and conditional use permit requests with their mandatory r
review of the GeneraLPlan Amendment.
THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS AN {
INTERDEPARTMENTAL`COMMITTEE AND`ARE RECOMMENDED FOR'ADOPTION BY THE PLANNING
COMMISSIOMIN THE EVENTTHAT RECLASSIFICATION N0: 2003-00113!IS'APPROVED.
1. That approval of Reclassification No. 2003-00113 is contingent upon approval of General Plan
Amendment No. 2003-00415: (to redesignate this property from the Hillside Low-Medium Density
Residential land use designation to the. General Commercialland use designation) by the Cry
Council;
i
2 That prior to placement of ah ordinance rezoning subject property on an agenda for City Council
consideration, Condition No.!1,sbove-mentioned, shall be completed. `The City Council may
approve or disapprove a zoning ordinance at its discretion.:If the ordinance is disapproved;;the
procedure set forth in Anaheim Municipal Code Section 18.03.085 shall apply. The provisions or
rights granted by this resolution shall become null and void by action of the Planning Commission
unless said conditions are compiled with within one (1) yea[from the date of this resolution'pr such
further time as the Planning Commission may grant.
Page 15
Staff Report to the
Planning Commission
December 15; 2003
Item No. 9
3. That approval of this'application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal Zoning Code and anybther applicable City, State and'
:Federal regulations. Approval does not include any action or findings as o compliance or approval
of the request regarding any other applicable ordinance, regulation or requirement.
THE FOLLOWING CONDITIONS ARESUBMITTED BY VARIOUS CITY DEPARTMENTS'ACTING AS AN
INTERDEPARTMENTAL'COMMITTEEANDARE'RECOMMENDEDiFORADOPTION BYTHEPLANNING
COMMISSIO~IN THE'EVENTTHATCONDITIONAL'USE PERMIT NO.2003'=04800ISAPPROVED9
1. That the property owner/developer shall be responsible for compliance with all of the mitigation
measures set forth in MitigatiortMonitoring Plan No. 122 created specifically for this project, and for
complying with the monitoring and reporting requirements established by the City incompliance with
Section 21081.6 of the Pubilc Resources Code. Furthermore, he property owner/developer shall be
responsible for any direct costs associated with the monitoring and reporting requirements to ensure
implementation of those mitigation measures identified in Mitigation Monitoring Plan No. 122 which is
made a part of these conditions of approval by reference.
2. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor
uses.
3. That outdoor special events, shall be conducted in a manner which will not adversely affect the
adjoining residential land uses and shall be subject to the review and approval by Zoning Division
staff. Any'tlecision made by the Zoning Division regarding said'event may be appealed to the
Planning Commission, and/or City Councilas a Reports and Recommendations item.
4. That only light vehicle'preparation shall be permitted "and that repair or maintenance'work shall'hot
tie permitted,
r 5. That all roof- and/orground-mounted equipment shall be completely screened from visibility from
surrounding properties, streets and the SR-91 (Riverside Freeway) in conformancewith Code
Section 18:84.062.032 and shall be contained within an acoustical enclosure. Said informatidn shall
tie specifically shown on plans submitted for buildingpermits.
6. That a plan:regarding he test driving of new vehicles`at this site shall be submitted to the City Traffic
and Transportation Manager fof review and approval: Said plan shall incorporate atest-driving route
that would not include`any residential streets and be implemented continuously during the course of
the operations permitted under this conditional use permit.
7. That the delivery of vehicles by automotive transport trucks shall not be permitted. All inventory shall
be independently delivered to the site.
8. That the petitioner shall submit a final sign'plan for review and approval by Zoning Division staff. The
final sign plan shall reflect no signage for the wall sign from the vehicle preparation building. Any
decision made by the'Zoning Division regarding said°plan maybe appealed to the Planning
Commission, and/or City Council. Said information shall be specifically shown on plans submitted for
building permits.
9. That the property shall be permanently maintained in an orderly fashion by providing regular
landscape maintenance, removal of trash dr debris, and removal of graffiti within twenty-four (24)
hours from3ime of occurrence.
10. That a final landscape' plan for the entire site, indicating type, size and location of proposed
landscaping and irrigation, shailbe submitted to the Zoning Division of the'Planning Department for
review and'approval. Any decision made by the Zoning Division regarding aaid plan maybe
appealed to the Planning Commission, and/or City Council. Said information shall be specifically
Page 16
Staff Report to the
Planning Commission
December,l6, 2003
"Item No. 9`
shown bn plans submitted for building permits. Said plan shall inciude'landscape screening for the ' °
c north: side of the vehicle preparation building, to eliminate graffiti opportunities.
11. That any tree andlor landscaping planted on-site shall be replaced in a timely manner in the event
that it is removed, damaged; diseased`and/or deatl.
12. 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 designetl, located and screened so as not to be
readily jtlentifiable.from adjacent streets or highways. The walls of the storage areas shall tie
protected from graffiti opportunities by he use of plant materials such as minimum 1-gallon`size
clinging: vines planted on maximum 3-foot centersor tall shrubbery. Said information shall be
specifically shown(on the plans submitted for building permits.
13. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to
`' the Public Works`Department, Streets and Sanitation Division for review and approval.
14. That th@ water backflow equipment shall be above ground, outside of the street setback area in a
manner#ully screened from'all public streets. Any other large water system equipment shall be
installed to the satisfaction of the Water Engineering Division in eitherunderground vaults or outside
' of the sheet 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 beforeaubmittal'for building permits.
15. That since this project has a landscaping area exceeding 2,500 square feet, a separate irrigation
meter shall be installed and comply with City Ordinance No: 6349 and Chapter 10.19 of Anaheim
Municipal Code. Said information shal(be specifically shown on planssubmittedforbullding permits.
16. ? That the accessory car wash'. building shall comply with all state laws and local ortlinances for Water
Conservation Measures.
17. That the developer/owner sftall submit a set or improvement plans for Public Utilities Water:
Engineering review and approval in determining the conditions necessary for providing water service
` to the project.
18. That anon-site trash truck tum-around area shall be provided per Engineering Standard Detail No.
610 and maintained to the satisfaction of the Public Works'bepartment, Streets and Sanitation
Division: Said turn-around area shall ba specifically shown on plans submitted for building'permits.
19. That gates shall not be installed across the driveway in a manner which may adversely affect
vehicular traffic in the adjacent public street(s). Installationbf any gates shall conform to Engineering
Standard Plan Nof 609 and`shali be subject to the'review and approval of the City Traffic and
? Transportation Manager. ''
20. That plans shaft be submitted to the City Traffic and Transportation Manager for his review and
approval showing'conformancewlth the current version of Engineering Standard'Plan Nos: 436, 601
and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon be
developed and maintained iniconformance with said plans.
21. That the developer shall submit to the Public Works Department, Development Services Division a
grading' plan for review and "approval 'Grading sftall conform to requirements of Chapter 17.06 of the
Anaheim Municipal Code.
22. That the developer shall submit street improvement plans for the intersection of Via Cortez and the
commercial centerto the west to the Public Works Department, Development Services Division. The
improvements shall be installed prior to'final zoning and building inspection.
23, That the legal owner shall submit a Water Quality Management Pian (WOMP) specifically identifying
best managemenYpracticesthat will be used on-site to control predictable pollutants from storm
water runoff. The'WQMP shall be submitted to the Public Works Department, Davelopment Services'
Divisidn for review and approval priorto obtaining a grading permit.
Page 17
Staff Report to the
Planning Commission
December 15 2003
Item No. 9
24. That the locations for future above-ground'utility devices including, but not limited tp electrical"
transformers, waterbackflow devices, gas; communications and cable devices, etc.;: shall beshown
on plans submitted for building permits. Plans shall also identify the specific screening treatments of
each device (i.e, landscape screening, color of walls; materials; identifiers, access points, etc)'and
shall be subject tc the review and approval! of the appropriate City departments.
25. That prior to submittal. of the water improvement plans, the developer/owner shall submit a water
system master plan, including ahydraulic distribution''network analysis, for Public Utilities Water
Engineering review and approval. The master plan shall demonstrate the`adequacy of the proposed
on-site water system to meet the project's water demands and fire protection requirements.
26. That prior to application for water meters, fire line or submittingthe water improvement plans for
.approval, the developer/owner shall submit to the Public Utilities Department, Water Engineering
Division an estimate of the maximum fire flow rate and the average day, maximum day, and peak
(tour 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 be installed in'accordance with Rule No. 15A.6 of
the Water Utility Rates, Rules, and Regulations.
27. That the legal property owner sttall provide the City of Maheim with an easement to be determined
as electrical design is`completed for electrical service lines. Said easement shall be submitted to the
City of Anaheim prio(to connection of electrical service.
28. That any required relocation of City electrical facilities shall be at the developer's expense.
Landscape`and or hardscape screening of all pad-mounted equipment shall be required and shall be
shown on plans submitted for building permits.
29. That 4-foot high address numbers shall be'displayed on the roof in a contrasting color to the roof
material. The numbers shall not be visible'from the view of the'street or adjacent properties.': Said
information'shall be spec~cally shown on :plans submitted for Police Department, Community
Services Division approval.
30. That the applicant shall file an Emergency Listing Card, Form APD-281, with the Police Department.
31. That all necessary permits required by the State of California shall be obtained to develop over the
flood control channels,' prior to construction':
32. That any lighting adjacent to the'south property line shall be arranged and directed as to reflect the
light away from adjoining residential properties and sfiall not exceed a height of twelve (12) feet.
Said information shalli be specifically shown on plans'submitted for building permits.
33. That plans to show enhanced paving at entry of property shall be submitted shall to the Zoning'.
Division of the Planning Department for review and'approval. Any decision made by'the Zoning:
Division regarding said plan maybe appealed to the Planning Commission, and/of City Council:
Said information shall`be specifically shown on plans'submitted`--for building permits. '
34. That any proposed security bollards shall be submitted to the Zoning Division of the Planning
Department for review and approval of design and placement. 'Any decision made by the Zoning
Division regarding said plan maybe appealed to the Planning Commission, and/or City Council.
Said information shall"be specifically shown on plans submitted for building permits.
35. That a plan showing method of preventing light from inside main building from shining into residential
lots to south shall be submitted shall to the'2oning 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; and/or City Council:' Said information snail be specifically shown on plans
submitted for building,permits. '
36. That a plan of the security kiosk shall be submitted to the Zoning Division of the Planning
Departmentfor review and approval of design and placement. Any decision made by the Zoning
Page 18
Staff Report to the
Planning Commission
December 15, 2003
,item No. 9
Division regarding said plan may be appealed to the Planning Commission, and/or City Council. `
Said information shall be specifically sFiown on plans submitted for building permits.
37. That the hours of operation shall be limited to lam to 9pm, daily, as stipulated by the petitioner.
38. That no loud speakers shalt 6e permitted.
39. That nobff-site signage shall be permitted.
40. That all'plumbing or other similar pipes and fixtures located on the exterior of the building sftall be
fully screened byarchitectural devices and/or appropriate building materials; and, further, such
information sh2ltbe specifically shown`on the plans submitted for building permits.
41. That the approval of Conditional Use Permit No. 2003-04800 is granted subject to the approval of
and finalization of General Plan Amendment No 2003-00415 and Reclassification No12003-00113.
42. 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 10, and as conditioned herein.
43. : That prior to issuance of a building permit, or within a period bf one (1)'year fromthe date of this
resolution, whichever occurs first, Condition Nos: 5, 6, 8, 10;:12, 13; 14, 15, 17,:.18, 19, 20, 21, 22,
23, 24;25, 26, 2Y, 28, 29, 32, 33, 34, 35, 36 40 and 41,above-mentioned, shall be complied with.
Extensions for further time to complete said conditions may be granted in accordance withSection
18.03.090 of the Anaheim Municipal Code.
44. That prior to final building and zoning inspections'Condition Nos. 44, above-mentioned, shall be
complietl with.
45. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim MunicipaLZoning Code and any other applicable City, State and
Federallregulations. Approval does not include any actiorco~ findings'as to compliance or approval
' of the request regarding any; other applicable ordinance, regulation o[requirement.
Page 19
AT.TAOHt1ENT - ITEM N0. 9 SECTION 4
PETITIONER'S STATEMENT OF
JUSTIFICATION FOR VARIANCE/CODE WAIVER
(NOT REQUIRED FOR PARKNG WAIVER)
REQUEST FOR WAIVER OF CODE SECTION:
(A separate statement is required for each Code waiver) ~~ ~~arl
PERTAfNIi~IG TO: Setback requirement in scenic corridor
Sections 1 S.03.0=10.030 and 15.12.060 of the Anaheim ivlunicipal Code require that before any variance or Code waiver may be
granted by the Zonine Administrator or Planning Conlrnission, the following shall be shown:
I. That there are special circumstances applicable to the property, including size, shape, topogaphy, location or
surroundines, 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 pm ileees
enjoyed by other property under identical zoning classitcation in the vicinity.
In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Plannine Commission to
arrive at a decision, please answer each of the followin, questions reeardine the property for which a variance is sought, full}'
and as completely as possible. If you need additional space, you may attach additional pages.
1. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or
surroundines? X }'es No.
is •o~tr answer is "1'es." describe the specia'. rrcumstances: spp ar raphgrj
2. Are the special circumstances that apply to the property different from other properties in the vicinity which are in the
satne zone as your property? X Yes _ No
If your answer is "yes," describe how the property is different:
Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring
}'rt; e: ties located within the same zone? X 1'es _No
If your answer if "}•es," describe the special circumstances:
4. Were the special circumstances created by causes beyond the control of tiie :property owner (or previous property
owners)? _ 1'es }~ No
EXPLAIN
The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be
approved which would have the effect of erantine a special privilege not shared by other property in the same vicinity and zone
which is not othern ise expressly authorized by zone regula{ions Qoverine subject property. Use variances are not permitted.
Cal ihpr Mnrnrc T R.. A.. o....aa
Signature of Property Owncr ar Authorized Aeent
net ramen Iz.'opn
Date
CONDITIONAL USE PERMIT/VARIANCE NO.
CUP N0.2-X3-04800
ATTACHMENT - ITEM N0. 9
Waiver 18.05.091.020 (wall siensl
1. The property is adjacent to the 91 Freeway, is in the Scenic Corridor, does not front on a major street, --
and access is by means of Via Cortez, a secondary road used currently to serve the adjacent retail
center. Because the development is located in the Scenic Corridor, freestanding pylon signs are
prohibited. Without the wall signs both regional customers and local customers would have difficulty
fmding the project site, thereby affecting the viability of the business at this locarion. Design of the
wall signs can blend with the aesthetics of the buildings and not be visually obtrusive like a pole sign.
The proposed signs would be located on the north, east and west sides of the Sales Center building in
order to m;n;m;ze the intmsion of additional signage in the adjacent residential area while enhancing
the potenfial for freeway visibility and on-site product identification. Each one of the three buflding
signs will consolidate the Starmark symbol and the "Mercedes Benz" lettering to reduce the portion of
the building sides devoted to the idenfification signs.
2. Although the Scenic Corridor requirements are applicable to other commercial properties in the area,
adequate signage has been secured for other developments by means of waivers to the freestanding
sign requirement and permitting wall signs on more than one side of a structure.
3. The inability to have a wall sign on more than one side of the showroom stmcture would severely limit
the exposure of the development to passers by on the freeway, a primary consideration in selecting this
particular property for development.
4. The limitations on freestanding signs and wall signs are circumstances not created by the property
owner. However, they provide significant burdens to the viability of operating a vehicle sales facility
on the project site.
smmmw,;w,-room
Waiver 18.44.062.010 & .011 (height and area limitations)
1. The proposed project site has limited development potential because of a single
ingress -egress point; a linear and narrow shape; the location of adjacent
residences requiring special design considerations to protect the quiet
enjoinment of the owners; the location of numerous easements which make site
design consideration options rather limited; the "landlocked" nature of the
property because of the freeway and the adjacent residences takes away many
potential design options that would be available on an unconstrained site; and
the need for the project proponent to prepare a viable product that makes
business sense despite all of these site constraints.
2. The adjacent commercial property at the intersection of Santa Ana Canyon Road
and Imperial Highway is not constrained in the same way as the project site by
requiring compliance with a building height/setback formula which is
established for buildings on commercial property adjacent to residential uses.
Again, because of the aforementioned site constraints and business
considemfions, the location of the Sales Center is restricted to that identified on
the site plan. However, as proposed, the 32-foot building height is not separated
from the boundary of the adjacent residential zone by at least 64 feet; 2:1
separation to height ratio required by this section. Site constraints and business
needs dictated the design of this building; thus the nature of the waiver request.
However, the most important point that the project proponent would like to
make is that while 64 feet from the building to the residential zone line cannot
be provided, if an easement within the residenfial zone is added to the setback
from the building to the residential zone line, a 64 foot setback will be provided
to meet the intent of this section, if not its strict construcfion. Regazdless of how
the 64 feet is calculated, the requirement will be met if the easement is added to
the residential zone dividing line.
3. If the waiver is not granted, the property cannot be developed for the proposed
use. No such restriction affected the potential developabiliry of the adjacent
commercial property for the uses intended.
4. The site constraints to developing the property were not created by the project
proponent. The constraints resulted from the locafion of onsite easements and as
a result this parcel being a remnant from the right of way, which was no longer
needed after the constmcfion of the 91 Freeway.
SrLav~WUVCSI01a0)
Waiver 18.84.062.011 (setback requirement in Scenic Corridor)
1. The narrow width of property (180 - 190 feet maximum) as compazed to its length (1,300+ Feet), the fact
that it adjoins the 91 Freeway along its northern boundary, the existence of major flood control channels
both bisecting the property in a north-south direction and along the entire southern boundary, and a 50-foot
wide pipeline easement pose significant development challenges. The appazent propose of the landscaped
setback is to preserve the viewshed integrity of Santa Ana Canyon Road as a Scenic Expressway and the
Riverside Freeway as a State Scenic Highway. The proposed project will not impact the view corridor of
Santa Ana Canyon Road because is setback over 100 feet from the road. With respect to the Riverside
Freeway, only a small portion of the parcel fails to meet the setback requirements, which can be offset by
dense landscaping to provide the same benefit as can be achieved with the additional distance.
2. Other properties in the general area are not out of proportion with respect to their width-versus-length ratio,
are not faced with the with the existence of major flood control channels whose capacity is not adequate to
contain all anticipated storm flows, and do not have to contend with a major pipeline easement over which
fill or building of any type cannot take place.
3. The 91 Freeway forms the northern boundary of the property, and the southern property line is at most
approximately 190 feet from the freeway. The width of the usable azea on which to build is even less due
to the drainage channel on the southern boundary. Without a waiver of the Scenic Corridor setback
requirement (100 feet), the property can, essentially, not be built upon, which would deprive it of a
privilege enjoyed by the surrounding property owners.
4. The special circumstances enumerated above were not created by the current property owner but, instead,
were created by the California Department of Transportation when the Department created this parcel in
1977 from property not utilized for construction of the 91 Freeway.
sra.omwu~..ioi~m
Waiver 18..84.062.0142 (Interior Site Boundary Lines Abutting Any Residential Zone
Boundary)
1. Because the proposed project site is long and narrow, and the property is otherwise
constrained by flood control channels and a pipeline easement, development
opportunities are limited. In order to meet all other site development standards
requirements, except for the waivers being requested, and in order to balance these.
requirements with business needs, the proposed site plan has been designed to be
"neighborhood friendly" to the maximum extent feasible. The waiver is being requested
because, if it is not granted, the project would not be feasible from a business perspective
which includes accommodation for inventory display, storage, cleaning and detailing,
customer access and parking, employee parking and office space. No other existing or
potential commercial property in the project vicinity is so constrained. If the requirement
of this section were to be met with the required landscape setback, the property cannot be
developed for the proposed use.
2. As noted above, no other existing or commercial properties in the project vicinity aze
constrained like this site. While the proposed site plan does not meet the explicit
requirement of this section, its intent is met by the landscape screening being proposed.
It is clear from the section's requirement that aten-foot wide landscape buffer adjacent to
a residential zone is meant to screen a potential commercial use from that zone. The
project's landscape plan will screen the site buildings adjacent to the residential zone
using a row of tall and lazge canopy evergreen trees to provide a screening effect. The
full screening effect will be achieved without the need to have a thicker landscape
planting which would meet the section's statutory requirement. The landscaping
proposed would not meet the statutory requirement, but it would achieve the intent,
which is to screen the adjoining residences from the uses on the project site. Even if the
project could be designed to meet the requirement of this section, the flood control
channel adjacent to the boundary of the residential zone would prevent the planting of a
ten-foot wide landscape corridor adjacent to the zone.
3. The adjoining property to the west of the project site is developed with a mix of
commercial uses. Without this requested waiver, the project site cannot be developed as
a commercial site for the single use of automobile sales.
4. The project site is a remnant parcel from the construction of the 91 Freeway, but was not
needed for any part of the freeway right-of--way. Additionally, the flood control channels
built on the property are part of the drainage system placed in the Santa Ana Canyon to
prevent flooding. The water line easement protects an existing water line traversing the
property. None of these conditions were created by the project proponent, or the existing
property owner.
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