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PC 2004/02/09CITY OF ANAHEIM PLANNING COMMISSION AGENDA MONDAY, FEBRUARY 9, 2004 Council Chamber, City Hall 200 South Anaheim Boulevard, Anaheim, California CHAIRPERSON: JAMES VANDERBILT'LINARES COMMISSIONERS: GAIL EASTMAN, PAULBOSTWICK; DAVID ROMERO, JERRY O'_CONNELL',-.CECIL-IA`FLORES; KELLY BUFFA CALL TO ORDER . ~ • ~~ ~.~- PLANN~ING.COMMISSION MORNING SESSION 10;30•A:M, • WORKSHOP~ON~CNURCHES ~fi ~ "; • STAFFUPDATE TO COMMISSION ON VARIOUS CITY ' DEVELOPMENTS AND JSSUES (AS REQUESTED BY ! ~*; PLANNING COMMISSION) '~ -" ' •' • PRELIMINARY PLAN REVIEW FORITEMS ON THE FEBRUARY 9, 2004 AGENDA ",.. J ,, ~ ~ _~, : _,- ~ ; RECESS TO AFTERNOON PUBLIC HEARING SESS(,ON ~ ~ ~ ,~', RECONVENE TO PUBLIC HEARING'? 30 F:M (i I ~ .• F' For record keeping purposes, if you wish to make a statement regard~ng~any item on, the agenda, please complete a speaker card and submit it to tliesecretary'..~F - - _ ,. . _ _ ,._. _ PLEDGE OF ALLEGIANCE - PUBLIC COMMENTS ~- '' CONSENT CALENDAR ~ ". _-- PUBLIC HEARING ITEMS -~~-"-"-"-"'~` • -~- ADJOURNMENT 02-09-04 Page 1 RECONVENE TO PUBLIC HEARING AT 1:30 P.r1A. 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: Items 1-A through 1-G 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. PLANNING COMMISSION APPOINTMENTS: Continued from the November 17, 2003, Planning Commission Meeting. REQUEST FOR CONSIDERATION OF POTENTIAL APPOINTMENT OF PLANNING COMMISSION REPRESENTATIVES AND ALTERNATES FOR THE FOLLOWING a PARKS AND RECREATION COMMISSION (Current Representative: Chairperson Vanderbilt-Linares) e COMMUNITY DEVELOPMENT ADVISORY BOARD (CDAB) FOR THE BLOCK GRANT PROGRAM (Current Representative: Commissioner Eastman) (Current Alternate: Vacant) REPORTS AND RECOMMENDATIONS A. (a) CONDITIONAL USE PERMIT NO. 3771 (TRACKING NO. CUP2004-04825) Teresita M. Abary, 700 West Orangewood Avenue, Anaheim, CA 92802, requests termination of Conditional Use Permit No. 3771 (to retain a 600 square foot expansion of an existing mini-market, Project Planner: including retail sales of beer and wine for off-premises consumption). (evambao(o)anaheim.net) Property is located at 700 West Orangewood Avenue. TERMINATION RESOLUTION N0. sr3062ey.doc Q.S. 78 B. (a) CONDITIONAL USE PERMIT NO. 2745 {TRACKING NO. CUP2003-04751) Tim Lee, 1200 South State College Boulevard, Anaheim, CA 92806, requests termination of Conditional Use Permit No. 2745 (to permit a self-service car wash in conjunction with an existing service station). Project Planner: Property is located at 1200 South State College Boulevard -Shell (evambao onanaheim.ne[) Service Station. sr3061ey.doc TERMINATION RESOLUTION NO. Q.5.116 C. (a) CONDITIONAL USE PERMIT NOS. 3580, 3439 AND 3064 (TRACKING NO. CUP2003-04802) Matthew Ferrari, 1333 South Claudina Street, Anaheim, CA 92805., requests termination of Conditional Use Permit Nos. 3580, 3439 and Project Planner: 3064. Properties are located at 1400, 1406, 1412 and 1430 South (skoehm(o~anaheim.net) Anaheim Boulevard and 220 East Palais Road. sr8703gk.doc TERMINATION RESOLUTION NO. Q. S. 96 02-09-04 Page 2 D. (a) CONDITIONAL USE PERMIT NO. 1098 -REQUEST FOR A NUNC PRO TUNC RESOLUTION (TRACKING N0. CUP2003-04801) City (Planning Department) requests a Hunt pro tunc resolution to amend Resolution No. PC2003-170, to correct wording in the resolution including conditions of approval. Property is located at 320 North Park Vista Street -Park Vista Mobilehome Park. NUNC PRO TUNC RESOLUTION NO. E. Receiving and approving the Minutes from the Planning Commission Meeting of January 26, 2004. (Motion) F. Receiving and approving supplemental detailed Minutes for Item No. 1-C, Conditional Use Permit No. 2003-04800 (Tracking No. CUP2004-04827) from the Planning Commission Meeting of January 26, 2004, scheduled to be heard as a public hearing item before City Council on Tuesday, February 10, 2004. (Motion) G. Receiving and approving supplemental detailed Minutes for Item No. 8, Conditional Use Permit No. 1098 (Tracking No. CUP2003-04801) from the Planning Commission Meeting of December 15, 2003, scheduled to be heard as a public hearing item before City Council on Tuesday, February 24, 2004. (Motion) Project Planner: (oedmundsonfo~anaheim.net) sr1143cw.doc 02-09-04 Page 3 PUBLIC HEARING ITEMS• 2a. CEQA NEGATIVE DECLARATION 2b. WAIVER OF CODE REQUIREMENT 2c. CONDITIONAL USE PERMIT NO. 2003-04793 OWNER: Catellus Finance 1, LLC., 201 Mission Street, San Francisco, CA 94105 AGENT; Phil Schwartze, PRS Group, 31682 EI Camino Real, San Juan Capistrano, CA 92675 LOCATION: 4905 East La Patma Avenue. Property is approximately 6.37 acres, located at the northeast corner of Manassero Street and La Palma Avenue. Request to establish a church within an existing office building with waiver of minimum number of parking spaces. Continued from the January 12, 2004, Planning Commission Meeting CONDITIONAL USE PERMIT RESOLUTION NO. 3a. CEQA NEGATIVE DECLARATION 3b. WAIVER OF CODE REQUIREMENT 3b. CONDITIONAL USE PERMIT NO. 2003.04816 OWNER: Southern California Edison, 14799 Chestnut Street, Westminster, CA 92683 AGENT: Guthrie Ishii Engineers, Inc., 5300 East Orange Avenue, Suite 221, Cypress, CA 90630 LOCATION: 2721 West Lincoln Avenue & 2720 West Lincoln Avenue. Parcel 1: Property is approximately 4 acres, having a frontage of 265 feet on the north side of Lincoln Avenue, located 210 feet west of the centerline of La Reina Circle. Parcel 2: Property is approximately 1.8 acres, having a frontage of 132 feet on the south side of Lincoln Avenue, located 587 feet west of the centerline of Stinson Street. Request to permit recreational vehicle storage facility and an accessory modular office building with waivers of: (a) maximum wall height, and (b) minimum front yard setback. Continued from the January 12 and January 26, 2004, Planning Commission Meetings. CONDITIONAL USE PERMIT RESOLUTION NO. Project Planner: (ioramirez(c anaheim.net) sr5080jr.doc Q.S. 172 Project Planner: (cwagner(i7c anaheim.ne[) sr1142cw.doc Q.S. 19 02-09-04 Page 4 4a. CEQA NEGATIVE DECLARATION 4b. WAIVER OP CODE REQUIREMENT 4c. CONDITIONAL USE PERMIT NO. 3796 {TRACKING NO. CUP2003-04824) OWNER: Orange County Buddhist Church, 909 South Dale Avenue, Anaheim, CA 92804 LOCATION: 2823 West Ball Road. Property is approximately 0.56- acre, having a frontage of 107 feet on the north side of Ball Road, located 328 feet west of the centerline of Dale Avenue. Request to construct a new accessory parking lot at 2823 West Ball Project Planner: Road, contiguous to and for an existing Buddhist Temple with waivers of: (skoehmtaanaheim.netl (a) minimum landscape setback adjacent an arterial highway and (b) maximum fence height. sr8701 gk:doc CONDITIONAL USE PERMIT RESOLUTION NO. Q.S. 14 5a. CEQA CATEGORICAL EXEMPTION -CLASS 1 5b. CONDITIONAL USE PERMIT NO. 2003.04822 OWNER: Arman Akarakian, 315 Rees Street, Playa Del Rey, CA 90293 AGENT: Dave Tanizaki, 601 East Glenoaks Boulevard, Glendale, CA 91207 LOCATION: 5635 East La Palma Avenue. Property is approximately 5.6 acres, having a frontage of 275 feet on the north side of La Palma Avenue, located 300 feet west of the centerline of Project Planner: Imperial Highway (Cinema City Theatres). (avazauez(a~anaheim.nez) Request to permit an amusement arcade within an existing movie theater. sr8697av.doc CONDITIONAL USE PERMIT RESOLUTION NO, Q.S. 184 92-09-04 Page 5 6a. CEQA CATEGORICAL EXEMPTION -CLASS 3 6b. WAIVER OF CODE REQUIREMENT 6c. CONDITIONAL USE PERMIT NO. 2003-04823 OWNER: Tosco Corp, 2530 East La Palma Avenue, Anaheim, CA 92806 AGENT: Naresh Patel, 1907 Los Alamitos Drive, Placentia, CA 92870 LOCATION: 2530 East La Palma Avenue. Property is approximately 0.48-acre, located at the southeast corner of La Palma Avenue and Sunkist Street. Request to remodel and expand an existing service station with a convenience market and accessory self-serve car wash with waiver of structural setback and yard requirements abutting an arterial highway. CONDITIONAL USE PERMIT RESOLUTION NO. 7a. CEQA CATEGORICAL EXEMPTION -CLASS 3 7b. VARIANCE NO. 2004-04596 OWNER: Jesus Ochoa, 3126 Tyler Avenue, Anaheim, CA 92801 AGENT: Myrna Ochoa, 3126 West Tyler Avenue, Anaheim, GA 92801 LOCATION: 3126 West Tyler Avenue. Property is approximately 0.17- acre, having a frontage of 63 feet on the south side of Tyler Avenue, a maximum depth of 115 feet, located 410 feet west of the centerline of Grand Avenue. Request waiver of maximum fence height to permit and retain an existing 6-foot high fence within the required front yard setback. VARIANCE RESOLUTION NO. Project Planner: (i orami rez(o)a nah eim. nett sr5081jr,doc Q.S. 122 Project Planner: (avazg uez(a~ an a hei m. n ez) sr8702av.doc Q.S. 122 ADJOURN TO MONDAY, MARCH 8, 2004 AT 11:00 A.M. FOR PRELIMINARY PLAN REVIEW. (Due to no new cases filed for this meeting the February 23, 2004, Planning Commission meeting has been cancelled.) 02-09-04 Page 6 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: lo: Ov 4,.,•,, . ~_Gw,..,,,,,- $, zoo y (TIME) (DA ) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND -~"` I COUNCIL DISPLAY KIOSK SIGNED: l.J ~-~-~J`--~-5 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. 02-09-04 Page 7 SCFIE®d.9L..E 2004 ~BRUARY 23 (CANCELLED) 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 02-09-04 Page 8 ITEM N0. 1-A - VAR 3003 SP 92 2 RCL 6 EUGENE PL RCL 90-91-22 Ct _ 61-62-fi Vf CUP 2634 V7 N CUP 2322 BEST W RS-7200 VAR 3242 ...... .... RAF Z 1 DU EACH V-3003 & o V w VACANT ~W j rn ~ W ¢O I - i~ ~~ RCL6 LAMARK DR gp g2_Y __ ~ --- - V' RCL 90-91-22 A~ _ RS RCL 89-90-25 69 90 - ----^~ ~^ IN ® -72D0 - -09 ~~~ INN 1 DU EACH RCL 65.66-03 CUP 3217 "' CUP 2943 SP 92-2 RS-7200 VACANT RCL 90.97-22 RCL 89.90-25 = RCL 61 ® 1 DU EACH I _ i RCL B79B-09 RCL 65-0e-03 '5 CLIP. _ ~ _ ~ ANAHEIM_CIT.Y_LIMITS I vncnNr _ GARDEN GROVE CITY LIMITS I ~ 69~ 4~- ORANGEWOOD AVENUE u~~ oL ' c ~ ~ ` o RCL 99-00-1 ~ CL RCL 62{ ~ ~prc 56-57-74 CUP 1991 RCL 65-66-06 CUP 3 ~ ~~ SMALL CUP 3678 CUP 2 ~ T SHOPS CL SERV. STN. Vd 03 . @ RCL 77-78-14 8 MINI MART SERV. I CL 8 MINI A RCL 94-95-11 W cUP 1732 cL ~ 56-57-74 >_ CAPTAIN'S RCL 68-fi9-27 Q ~ RCL6: BLUEBELL AVE CUP 200404625 ~ O QUARTERS. MOTEL CUP 1695 ~ T-CUP 21 CUP 20D3-04684 CUP 2677 W CUP 20 F- CUP 3771 -1 CUP 1061 J CUP w SMALL SHOPS ~ _ cARCS JR. ~ cUP ~ J oo oU RESTAURANT O CUP N nQQ ~ ~ ~ W OL CARRIAGE INN R 8 6 10 8 m BAKER'E RESTA w ~ ~7 2 6 MOTEL 6,- 60 Z ~ u1 ~ CUP 2725 CU O CI w op P 1184 Y11G SALON V-7283 [D RCL fi2- ~ w °o nC1 ~~ W CL RCL 87-88-28 ~ Q CUP' C ' CLIFFWOOD AVE ~ = so-61ae REN ~ N O CUP 2971 COMFORT PARK m ADJ 0031 SUITES MOTEL -• 7 A RC RCL 9 0-15 1 ~ CUP 2443 1 CUP 2027 V-1090 ~~ Conditional Use Permit No. 3771 i>r .Subject Property . ~~: TRACKING NO. CUP2004-04825 Date: February 9, 2 004 Scale: 1" = 200' RegDested By: TERESITA M, AHARY Q.S. No. 78 REQUEST FOR TERMINATION OF CONDITIONAL USE PERMIT NO. 3771 (TO RETAIN A 600 SQUARE FOOT EXPANSION OF AN E XISTING MINI-MARKET, INCLUDING RETAIL SALE AND WINE FOR OFF-PREMISES CONSUMPTION). 700 West Orangewood Avenue 1177 ATTACHMENT -ITEM N0. 1-A `~a.U ~, i~, 3 r 1 ~ ~~ ~ ~ cc~ 7~,~ `tom' ~~~ ~~ ~~~~~ 1 ~ 1 `~ _~ ~ ~ , ITEM N0. 1-A RM-1200 RCL 7475.34 ~ I I I I 'iy"' 1 I I I RCL fifi-67-68 RCL 66-67-6 VAR 2095 cuaaotl ALMONT AVENUE VAR 2069 GUP 3634 CUP 3051 VAR 1897 VAR 3966 '. APTS. VAR 1697 ' ~- 108 DU RETAIL CL RCL 61-6 '. CL ~ ALMONT WOODS CENTER RCL 61-62.1 23 RCL 61-fit-123 4 DU E! '. CUP 2002-04616 BUSINESS ML ML CUP 3630 COLLEGE RCL 66-67.68 CUP 3211 AUTO CUP BO6 CUP 1523 ML I PARTS CUP 1152 RESTAURANT --- 2001-0449fi VAR 1697 VAR 1897 :UP 4002 ~ w :RESTAURANT CL ;UP 1059 ML a ~ w z RCL fit-62-123 :; /AR 1897 STORE 3 a ti ~ z o ? CUP 3968 TILE PAINT w x ~ z ~ ML cl ,^., i CUP 3742 ,REHOUSE LL ~ w w RCL fifi-67-23 RCL ss.es-7s q CUP 1876 ~ ~ CUP 3915 T-CUP 2003-0475 cuP3732 ~ ~~aa GOMMERCIAL SHOPPING VAR 1697 MOBIL CUP 3150 .,gym CENTER ~ RCL fifi-67-23 S.S. CHEVRON pu ~ BALL ROAD ~-tas'--~~ ML i? '~~ CL ML ML 0 ~.~, RCL 76-77-60 54-55A2 54.55-42 54-5$-42 VAR 2096 ~ ~ Y ~ ~s ° y RCL 646575 cup zoo? KINO CUP 3909 765.5. v Q ~ „ > ~,., c x ~ ` CUP 610 CL EL 70RIT0 RCL 76 77 iEMICAL ALARM ,, ; .r t ' x - - 60 CURE W r, ~` " RESTAURANT RCL 6485-15 J GL 56-57-76 ~ ~ ML ML ~ RCL 82-63-02 CUP 6 0 4-55-02 m BENIHANA RCL 66-67-09 ML VAR 2515 RESTAURANT RCL 65-66-108 54.55-02 NEW YORK ML CUP 1969 W r CL RCL 76-77-60 T-CUP 2003-04751 CARPETS 14.55-02 VAR 209fi U RCL fi465.15 T-CUP 2003-04703 DCRAFT CENTER POINT J 56-57-76 CUP 2745 iODUCTS BUSINESS PARK J CUP 3529 CUP 214 ~ CUP 2145 VAR 3283 U cuaslo s.s. PACIFIC PLAZA ML W CL INDUSTR AL L SET Q RCL fi4 65 75 AL BUILDING - - FAB ~. 56.57-76 ~ CUP 610 SAND DOLLAR FINANCIAL PLAZA ~ -~T- ML RCL 56.57-76 (4) CUP 1360 ALBERTO'S MEXICAN REST. ML ML . RCL 56-$7-76 (4) CL 56-57-76 (4 M V-749 V 749 RC! fiR .5ia6 ray IND. FIRMS Conditional Use Permit No. 2745 Subject Property TRACKING NO. CUP2003-04751 Date: February 9, 2004 Scale: 1" = 200' Requested By: TIM LEE Q.S. No. 116 REQUEST FOR TERMINATION OF CONDITIONAL USE PER MIT NO. 2745 (TO PERMIT A SELF-SERVICE CAR WASH IN CONJUNCTION WITH AN EX ISTING SERVICE STATION). 1200 South State College Boulevard -Shell Serv ice Station 1176 FROM : FRX N0. Sep. 12 2003 06:20RM Pl ATTACHPSENT -ITEM N0. 1-B Customer Care Shell 1200 S. State College Blvd. Anaheim CA 92806 Phone:714-776-8300 Cell: 949-278-4464 August 28, 2003 Ms. Elaine Yambao Planning Department 200 South Anaheim Blvd. Anaheim CA 92805 Deaz Ms. Yambao: I am writing you this letter regarding the termination of my conditional use permit # 2745 As a lessee of this property for a gas station, I am fully authorized by the property owner to terminate the carwash permit # 2745. Please contact me at (949) 278-4464 if you have .any questions. Sincerely, Tim B. Lee Owner ITEM N0. 1-r. ~ i I I WINSTON RD ~ N 4 RCL 65-66-27 0 CUP 3567 66.67-14 56.57-30 CUP 1730 ~ 55-56-19 ~ O ... CUP 737 54-55-02 ~ CUP 3097 o v J--1-~ CUP 3449 v o 4-1200 CUP 1374 b V-1627 n o 0°,~ c ~, IDA LN ~ ML o ML REYVEC ML INC. 1200 CL BLDGE VAC. BLDG. ~ VAR 3365 OFFICE ~ BLDG. ~ v 312 PALAIS RD s"`"a ~ .~ a RCL 70-7158 " ' ~= VAR 3766 ~~ ~" ^~'~~ ML u. r.,, 7,000 ',r RCL 81-82-02 CUP 3590 r -00023 VAR 2645 ~~ ~ r 5&e7-14 CUP 3490 Y 55-5&43 CUP 3438 r 5455-02 CUP 30ad tent to RCL7071-56 ~iTCUP200304802 V1fi27 ML ay Zone) VAR 3766 t IyDU$fRIAL QuILD)yG ML 54-55-02 iMENTARY 2645 , r ~~ ~ 5455.32 CUP 4226 lOL r , ~~ 300 CUP 3596 CL ~„ ~. :.f s CUP 3499 RCL 70-7156 •~- ML > " c ~ CUP 3407 VAR 3766 r; , ~saie cua3oeaa"` PEP MARBOLIS V-0210 VAR 2645 '~sa55az v ten ~ ~ CHURCH/SCHOOL y I T-GUP 2003-04802 ? r INDI{9(RIN-BUILDING, r~ ~1 61-62-37 CL 58-59-37 RCL 2000-00023 CUP 3952 (Reso11n1. to SABC CUP 3617 ~ Overlay Zona) i0 ~ RCL 90-91-26 CUP 3665 Z i ap 66-67-36 60-61-113 CUP 3606 n~N CUP 3545 W 61-62-37 59.59.37 wz 9=> 60-01-14 CUP 3400 N 59-60-54 > a N~ 55-56.19 CUP 171 ¢ n 5455-02 ML ~ y y T-CUP 2003-04765 pCN 97 11 61-62-37 xz T-CUP 2002-04597 ( ) ML ~ ~ T-CUP 2002-04532 (CUP 3586 61-62.25 5B'9ae7a CUP 2001-04439 T) ~ T-CUP 2001-04421 (CUP 3050 T-CUP 2001-04345 ( T) LIQUOR T-CUP 2001-04303 (CUP 2835 T) STORE T-CUP 2001.04302 (CUP 2735 T) T-CUP 2001-04300 (CUP 2463'f~ T•CUP 2001-04299 T-CUP 2000-04230 (CUP 335 T) I T-CUP 2000.04205 N•1430) I RS-A- INDOOR SWAP MEET ~~3~000n ANAHEIM MARKETPLACE Conditions Use Permit Nos. 3580, 3439 and 3064 " Subject Property ', TRACKING NO. CUP2003-04802 Date: February 9, 2004 Scale: 1" = 200' Requested By: MATTHEW FERRARI Q.S. No. 96 REQUEST TO TERMINATE CONDITIONAL USE PERMIT NOS. 3580, 3439 AND 3064. Parcel A: 1400, 1406 and 1412 South Anaheim Boulevard; 220 East Palais Road and Parcel B: 1430 South Anaheim Boulevard 11e9(2DO4-2-4) ATTACHMENT - R&R 1-C ~ETTLER LECTRONICS'~ corp. ETTLER LECTRONICS corp. Matthew Ferrari, CPA Chief Financial Officer Tel: 1 (774) 533-2221 Tall Free: (800) 854-9305 FAX: Y (714) 635.7539 hllp;//www.mettlerelectronics.com 1333 South Claudina Street email: sonicator~earthlink.net Anaheim, CA92805 U.S.A. October 29, 2003 With my duly authorized signature below, I hereby request the following C.U.P.s be terminated: 1. C.U.P. No. 3580 2. C.U.P. No. 3439 3. C.U.P. No. 3064 These C.U.P.s pertain to the property at 1430 S. Anaheim Boulevard. Mettler Electronics Corp. A California Corporation By: ~;~~ Title: ~ ~~ Date: /~ a- ~ D~ 1333 South Claudina Street • Anaheim, California 92805 U:S.A. • {800) 854-9305 • (714) 533-2221 • FAX (714) 635-7539 ITEM N0. 1-D WOUSTRIAL PARK NO. FlRM oAl AOP 108 RIVERSIDE FREEWAY RM~13no (o FRONTERA ST Se~ F RCL ]4]5]0 1 J Z ~ RCL )4)SJ0 TVI y9 0E5 VAR 3108 ~ o Q RSA-1J,000(OJ /\ f I- PARK MEAGGWS RLL 658001 RA}1300 (G) (C/W/\/ h APARTMENTS VACANL WIOIL WELLS RCL 00.0431 ~ &GG BS SfGRAGE TANKS IReallnt RM141300 RCl 8580-01 Y RM141200 f01 to RS31001 RhV1300101 RA41300 RCL )6)1-01 ~ RCL ]415]0 ftCL 650601 RCL ]5]615 RCL ]0.]401 RLL 650081 Q RCL 010081 ftCL 060]-10 RCL 858801 ftLL6S0001 VAfl Zl)1 < VAR P9 a NPYORB VAR 1118 VAR 33)1 5 PARTMENTS G (G) VAR POB 31 CU APARTMENTS Pe BB GU p 158 X81 719 Nk13p 1 Rtt eB~P(: GlIP 1]6] ~ /~ /> ~, > JACKSON AVE °A0. ' 'y r> '' ~ > ,v nM.uoo(rn ~ ~~~ yl l 'i J 'Y HLL ~~~~ q 3 :^ ri ~> z / Aa flSA-1],0060) n /~ / ,r / / ~ rJ ~ i .~ • / %'y/ y > ~.'. (Res fnlm~Llo RM1300) A ~ r 5 > ~ -/ l y } r / > / RCL 640W3 gµ13W ~ RCL 810&01 RM141300 / t dI 1' T :~ Yv F ?/ r'**.~ / CUP ]300 RCL 1!1]0-81 RLL ]0-]191 '~ " z >s RCL 810001 RLL 058001 r3/ s > - >a/ /y R&A-43000 (MHP)(O) /~ ~y '' ~ vAR ml vAR an r /,, x r zr'y -z 6 RCL 82-R32R „ t t'' > > ~ , i > ~ > ,rp r a z RCL fi5-66 fi4 l3 >> - ' j < ~'/ / ~~~ r ~ ~ ~ ~ ` ~ TLUP 2003 04001 y j r < ~ .` ~ ~ / `" T-CUP 2002 04613 `z y' / a f ~ z G >'`~ r v~r %~,.f;'>"' ¢; / f CUP 1098 >~ > //T r'~+' ?.z p xz > o, LFEF ,- x% "` PARK VISTA / z > '` ,/, - r'!r z VIA r~i r ~,.., r > MOBILEHOME PARK > ,>, / /> ,~ ~/z' z ~ ,, >~ ~ ~~~ ~ ~ ~ r~ ,~ ~ ?a - t ~ ,~'z..~ v ~~..JJ H4 ~ . /~ T rlsr ~? / z >S'r ' > ~ > > ~ / r9 f> n, c 'Nqq m .l/~ ] S ~ Irt ~ ~.e IY r rh`~.>~~ ~I,~. yy i4 .>~ fI [ 5 l RCL 0088 ? 3 / •/ 1 $< > 5 f K Y ~ ' tF > / RCLBSB ~ i c~ Q~ Sf "~ P' d Y A 1 ~.,, /j > ~ .. y„z L ~ ~ ~ VAR LI f S,. Tlj 'L y /.,.-r ~ ~ k .., ./.~ 1i"x'. f /t~,F9r 2- rY ~ ~v r / r > /rF LT1P f3 u.~s~ ntL <,` ./,SX~ r y 2 /: ~. r >~-L r/.~~ s y >/ 3 -/ U .. GREENNEGGE AVE g ~~ ~~0• RS)]80 ~~- RCLBS0001 st 1 GU EALH RS)308 RCL 858881 ,~ 1 Gu EACn ~tis 5~ pA 5~1P RCL E<,rR081 F ~~a N _ ~ ~~~ NNTEA USES ~. ro Y Conditional Use Permit No. 1098 ~r~ ,, Subject Property TRACKING NO. CUP2003-04801 Date: February 9, 2004 Scale: 1" = 200' Requested By: CITY OF ANAHEIM PLANNING DEPARTMENT Q.S. No. 133 CITY-INITIATED N'UNC PRO TUNC RESOLUTION RELATING TO PERMITTED .MANAGEMENT OFFICES. 320 North Park Vista Street -Park Vista Mobilehome Park ~~ss ATTACHMENT -ITEM N0. 1-D RESOLUTION NO. PC2004-XXX A NUNC PRO TUNC RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION -- AMENDING, IN ITS ENTIRETY, RESOLUTION NO. PC2003-170 (CONDITIONAL USE PERMIT NO. 1098) WHEREAS, on December 15, 2003, the Anaheim City Planning Commission did, by its Resolution No. PC2003-170, amend Resolution No. 89R-322, as previously amended by Resolution No. PC2002-168, approving Conditional Use Permit No. 1098, to permit accessory on-site management offices in connection with apreviously-approved 200-unit mobile home park (Park Vista Mobilehome Park) at 320 North Park Vista Street and to amend the conditions of approval in their entirety; and WHEREAS, by inadvertency and clerical error, said Resolution No. PC2003-170 contained incorrect wording in Finding No. 2, the paragraph preceding the Conditions of Approval, and Condition No. 1, which did not reflect the action taken by the Planning Commission; and said wording should be amended to correctly reflect the Planning Commission's action. NOW THEREFORE BE IT RESOLVED THAT the Anaheim City Planning Commission does hereby amend, in its entirety, Resolution No. PC2003-170, Hunt pro tunc, to read as follows: WHEREAS, on June 3, 1969, the Anaheim City Council did, by its Resolution No. 69R- 322, grant Conditional Use Permit No. 1098 to establish a 182-space mobile home park at the southeast corner of Jackson Avenue and Park Vista Street, subject to certain conditions of approval including Condition No. 18 which specifies that the property shall be developed substantially in accordance with Revision No. 2 of Exhibit No. 1, and Exhibit Nos. 2 and 3; and WHEREAS, on November 18, 2002, the Anaheim City Planning Commission did, by its Resolution No. PC2002-168, amend the above-mentioned Resolution No. 69R-322 to permit additional spaces in the existing mobile home park for a total of 200 spaces, and to amend the conditions of approval in their entirety including Condition No. 5 which specifies that the property shall be developed substantially in accordance with Revision No. 3 of Exhibit No. 1 (dated August 27, 2002), and Exhibit Nos. 2 and 3 (labeled'Recreation Building Elevations' and 'Recreation Building Floor Plans'); and WHEREAS, the property is developed with a 200-unit mobile home park (Park Vista Mobilehome Park) including an accessory recreation building and swimming pool, and an oil well; that the property is zoned RS-A-43,000(MHP)(O) (Residential/Agricultural -Mobilehome Park Overlay and Oil Production Overlay); and that the Land Use Element of the Anaheim General Plan designates the property for Low-Medium Density Residential land uses; and WHEREAS, under authority of Code Sections 18.03.091 (Termination or Modification of Amendments, Conditional Use Permits or Variances -Procedure) and 18.92..040 (pertaining to permitted accessory Uses and structures in mobile home parks), the petitioner requests approval of accessory management offices and amendment to the previously-approved exhibits for the mobile home park; and WHEREAS, the Ciry Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 15, 2003, 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 (Zoning Procedures-Amendments, Conditional Use Permits and Variances), to hear and consider evidence for and against said proposed amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: Tracking No. 2003-04801 cr\PC2003-170-amended.doc -1- PC2004-OXX 1. That the use, as amended herein, is properly one for which a conditional use permit is authorized by the Zoning Code; and that the demographics of this mobile home park have transitioned such that modifying the recreation facilities, as shown on Revision No. 1 of Exhibit No. 3, is appropriate: 2. That the request to allow accessory management offices which are occupied by management staff from Park Vista Mobilehome Park and/or other mobile home parks which are also owned or managed by the owner of the Park Vista Mobilehome Park, is hereby approved. 3. That the use, as amended and under the conditions imposed, will not adversely affect the adjoining land uses and the growth and development of the area in which it is located. 4. That the size and shape of the site for the use, under the conditions imposed, is adequate to allow full development of the use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 5. That the traffic generated by the use, as amended, will not impose an undue :burden upon the streets and highways designed and improved to carry the traffic in the area. 6. That amending 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. 7. That the approved modification, including amending the conditions of approval, is reasonably necessary to protect the public peace, health, safety or general welfare, or necessary to permit reasonable operation under the conditional use permit as originally granted. 8. That 12 people spoke at the public hearing and submitted material in apposition to the proposal; and that correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Class 1, as defined in the State of California Environmental Impact Report ("EIR") Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR. VIII\A/ TLICD CC(1DL QD IT DCClIi \/Cf~ lF...4 41. A ~L. !"/ DI (` ~ r wort NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby amend Resolution No. 69R-322, as amended by Resolution No. PC2002-168 and approving Conditional Use Permit No. 1098, to permit accessory on-site management offices for Park Vista Mobilehome Park andlor with other mobile home parks owned or managed by the owner of the Park Vista Mobile home Park, and to amend the conditions of approval in their entirety, to read as fdltows: -2- PC2004-OXX 1. That the on-site management offices shall be limited to management personnel affiliated with Park Vista Mobilehome Park and/or with other mobile home parks owned or managed by the owner of the Rio Vista Mobilehome Park. 2. That plans for any additional recreational amenities andlor modifications to the existing amenities shall be submitted to the Zoning Division of the Planning Department for review and approval prior to submittal to, and approval by, any other agency. 3. That abandonment of the oil well pump site shall conform with the abandonment procedures contained in Anaheim Municipal Code Section 17.12.80 (Abandonment Procedure). 4. That to confirm compliance with all oil well abandonment proceedings required under State of California law, a copy of the approval from the Division of Oil and Gas shall be provided to the Zoning Division. 5. That trash storage area(s) shall be maintained in location(s) acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said storage area(s) shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage area(s) shall be protected from graffiti opportunities by the use of plants such as minimum one (1) gallon sized clinging vines planted on maximum three (3) foot centers or tall shrubbery. 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 of Exhibit No. 1 (dated August 27, 2002), Exhibit No. 2, and Revision No. 1 of Exhibit No. 3 (floor plan, elevations and location map, stamped October 28, 2003), and as conditioned herein. 7. That within a period of ninety (90) days from the date of this Resolution, Condition Nos. 1, 2 and 6, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 (Time Limit for Amendments, Conditional Use Permits, Administrative Use Permits, Variances and Administrative Adjustments) of the Anaheim Municipal Code. 8. 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. THE FOREGOING NUNC PRO TUNC RESOLUTION was adopted at the Planning Commission meeting of , 2004. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 15, 2003. CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) .3_ PC2004-OXX I, Eleanor Morris, Senior 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 15, 2003, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BUFFA, O'CONNELL, ROMERO, VANDERBILT-LINARES NOES: COMMISSIONERS: EASTMAN, FLORES, ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this day of .2003. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2004-OXX SP 94-1 (SC) DA 2 RCL 65-66-24 (29) 65-66-13 VAR 2678 SMALL INDUSTRIAL FIRMS I -CATELLUS CORPORATE CENTER SP 94-1 (SC) DA2 MANASSERO DANCE STUDIO SP 94-1 ((SC) DA 2 RCL 65-fib-24 (29) 65-66-13 CUP 2922 CUP 3752 VAR 3638 VAR 2876 SMALL INDUSTRIAL FIRMS F I W W ~ m a LL~ V. Q 2 SP DA12(SC) RCL 6fi-67-fi4 (14) CUP 3010 VAR 4230 VAR 2676 INDUSTRIAL BLDG. SP 94-1 (SC) DA 2 RCL 66-67-64 (14) CUP 3010 VAR 2678 VAR 4230 ADJ 0150 INDUSTRIAL BLDG. SP 94-1 (SC) DA 2 RCL 65-fib-24 (29) 65-66-13 CUP 3626 CUP 3010 VAR 4132 VAR 4104 VAR 2876 IND. OFFICE BLDG. SP 94-1 (SC) DA 2 RCL 65-66-24 (29) 65-66-13 CUP 2003-04793 CUP 3010 \R 4133 547' LA PALMA AVENUE ~ SP 94-1 (SC) ~o~p ~~ DA2 RCL 66-67-64 (10) c roz o_ av- ~ ~~ VAR 3287 PS o ~ O¢ ~ ~ PUBLIC a v STORAGE ALL PROPER SP 94-1 (SC) ~ OA 2 SP 94-1 (SC) SP 94-1 (SC) RCL 66-67-64 (10) DA 2 DA 2 MTI LING RCL 6fi-67-64 (10) RcL s6~7-sa (s) RCL 66-67-fis (s) VAR 2323 RcL 66-67-6a (7) SMALL INDUSTRIAL THE ORMAN - FIRMS GRUBB w. PIES ARE IN THE (SC) {SCENIC CORIDOR OVERLAY) ZONE i Conditional Use Permit No. 2003-04793 Requested By: CATELLUS FINANCE 1 LLC Y~y >~. D Subject Property Date: January 12, 2004 Scale: 1" = 200' Q.S. No. 172 REQUEST TO ESTABLISH A CHURCH WITHIN AN EXISTING OFFICE BUILDING WITH WAIVER OF MINIMUM NUMBER OF PARKING SPACES. 4905 East La Palma Avenue 1133(2004-1-5) .,,~ I ITEM N0. 2 Staff Report. to the Planning Commission< February 9; 2004 item No. 2 2a. CEQA NEGATIVE DECLARATION (Motion) ! 2b. WAIVER OF CODE REQUIREMENT (Motion) - 2c. ''CONDITIONAL USE'PERMIT NO. 2003-04793 '(Resolution) 'SITE LOCATION AND DESCRIPTION: - (1) This rectangularly-shaped, 6.37-acre property;is located st the northeast corner of Manassero Street and La Palma Avenue, having frontages of 458 feet on the east side of Manassero Street and 547. feet oh the nortRSide of La Palma Avenue (4905 East La Palma Avenue). 'REQUEST: (2) The'petitioner Pequests approval ofa Conditional Use Permit under authority of Code Section 18.110:070.050.0511`to establisha church within an existing office building with waiver of the following: SECTIONS 18.06.050.0266 Minimum number ofparking spaces (508 required; 399 existing and proposed; and recommentled by the City Traffic and Transportation Manager) BACKGROUND: (3) This property is developed with an office/research and development building; is zoned SP94- T; DA 2 (Northeast Area: Specific Plan -Expanded Industrial Area), and is located within the Alpha Redevelopment Project Area. The Anaheim General Plan Land Use Element Map designates the site for General Industrial land uses and further designates all surrounding properties for General hdustrial land uses. (4) At the request of the petitioner, this item was'conkinued from the January 12;:2004, Commission meeting o allow the,petitioner time to resolve issues"pertaining'to the owner participation agreement (OPA) between the property owner (Catellus Development Corporation),] and the Anaheim Redevelopment AgencyWhich may limit thebreadth of uses allowed on thks property,: PREVIOUS ZONING ACTIONS; (5) Variance No. 4133 (to permit a 153,680 square foot research and'developmentbuiiding with waivers of mihimum number of parking spaces and required number and size of loading spaces was approved by the Planning Commission on July 11, 1991. (6) Conditional Use Permit No. 3010 (to permit industrially-related office uses in conjunction with a proposed industrial domplex)was approved by the Planning Commission on June 20, 1988. (7) Variance No. 2878 (waiver of requirement that all lots abut a public street, to establisha 27-lot ML (SC) subdivision) was approved by the Planning Commission on November 22, 1980. DEVELOPMENT PROPOSAL: (8) The petitioner is requesting approval of a conditional use permit td establish' a church in an existing 130,000 square foot office building. j Sr5080jr .Page 1 Staff Report to the Planning Commission February 9, 2004 Item No. 2 (9) The floor plan (Exhibit Nos. 2 and 3) indicates that the church would nofinitially occupy the entire building. The first floor would contain a 10,000 squarefoot sanctuary, 7,500 square foot backstage and Pehearsal area, stage, approximately 14,000 square feet of prayer rooms and cry rooms, reception area and foyer, 3,000 square foot bookstore, and 3,500 square foot. kitchen/cafeteria facilities. The first floor also would contain 23,000 square feet of children's and junior high ministries, and'5,300 square feet of other various ministries. A 31,000 square- - i foot storage area would be utilized in a future expansion for a gymnasium and apre-school facility. The secondfloor would consisYof 31,8+5; square feetbf administrative offices and 'senior high ministries. (10) Vehicular access is'provided via one (1)'drive..ey on Manassero Street and two (2) driveways on La Paima Avenue. Plans indicate a total of 399 existing on-site parking spaces for this ;property.' Code requires 508"spaces based the fbllowing: Use S uare Feet Code Parkin Re uirement Parkin Re aired Sanctuary (assembly) 10,000 s.f. i 29 spaces per 1,000: square feet of assembly 290=' area or 0:333 space per fixed seat whichever is greateq'plus two-hundredths (.02) space per ,, person for the maximum capacity figure of ttie 29 assemby area determined by the Fire De artment Administrative Office:: 14,065 s.f, i 4 spades per 1,000 square feet > 56.3 Area 1st Floor Administrative Office 16,815 s,f. 4 spaces'per 1,000 square feet 67.3 Area 2s~(Floor Bookstore 3,000 s.f. 5.5 spaces per 1,000'square feet 16.5 Storage (Future 31,000 s.f. 1.55 spaces per 1,000 square feet 48.1 Ex ansion'Area Accessory " 40,120 s.f. None 0 Mi n istdes/Backstage 15~ Floor Accessory, Ministries"` 15,000 s.f. None 0 2ntl Floor TOTAL ,130,000 508 s aces Note: Code does,not require any parking for tfieadcessory Sundayadhool classrooms, 'i (11) '.Photographs and staff inspections indicate the existing building is an enhanced concrete tilt- up design; painted white, with blue glass'window entryway oh the south elevation. No exterior. modifications to the building o~)andscaping are proposed as part of this application. (12) 'No sign plans were submitted as part of this request. However, Code would permtE wall signage of up to ten percent of each building elevation. A single monument sign for each street frontage would also be permitted with dimensions of 10 feet in width, 8 feet in height ' 'and 65 square feet per face. (13) The petitioner has submitted the attached letter of operation and project description in the ';parking study that indicate three (3) Sunday services held at 9:00 a.m., 1.1:00 a.m. and 6:00 p.m. with'approximately 350 adult congregants per ervice. There would also be a mid-week> bible study and fellowship held'on Wednesdays at 7`.00 p.m, with approximately 200 adult 'congregants in attendance. Additionally the administrative offices operate throughout the week witha maximum of fifteen (15) fulttime and five (5) part-time staff,'>The congregation : "has approximately 1.;100 members and that with the exception of accessory Sunday school activities and bible study, no school or daycare uses are proposed at this time, The petitioner. has indicated that the church is considering a future expansion fora gymnasium and pre- school, however th(s expansion is not part of this request. Page 2 Staff Report to the Planning Commission February 9;'2004 Item No. 2 E N V I RO N M E N TAL'J M PACT AN ALYS I S: ((14) Staff has reviewed the proposal and the Initial Study (a copy of which is available for review in the Planningpepartmegt) and finds no significant environmental impact and„therefore,' ` recommendsthat a Negative peclaration be approved upon a finding by the Planning Commission that the Negative Declaration reflects the independentjudgment of the lead agency; and that it has consldered',theproposad 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 tha'anvironment. GROWTH MANAGEMENT ELEMENT ANALYSIS`. (15) The' proposed project has been reviewed by affected City departments to determine whether it conforms with the City's Growth Management Elementadopted 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: (16) Churches are'permitted within Development Area No. 2 of the Northeast Area Specific Plan subject to the`approval of a conditional use permit. `(17) The requested waiver pertains to minimum number of parking spaces. Code requires a minimum of508 parking! spaces for this proposed church and other uses on the property as described in;paragraph,no. (10) of;this report end 399 spaces are'proposed. The petitioner has submitted a parking: analysis prepared by Traffic Safety Engineers, Uc.; dated September 1T,i2003, to substantiate the requested parking waivecThe City Traffic and Transportation Manager has reviewed the parking analysis and has determined that the proposed parking is ,sufficient for;the church::: Anv future expansion including ovmnasium preschool andlor private school would?reouire further pa~king analvsis (18) The parking analysis also indicates the following findings to justity the requested parking waiver: (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 he number of suchspaces necessary to accommodate all vehicles attributable to such use under the normal and reasonable foreseeable conditions of operation of such use: The parking study indicates that the peak parking demand for off-street parking spaces is substantially Tower than the'quantity provided for he proposed church and church office uses. (b) That the variance, under the conditions imposed, if any, will not increase the demand or competition for parking spaces upon the public streets in the immediate vicinity of the proposed use: The proposed project will not increase or compete for on street parking because its parking lot has more than`adequate,parking to accommodate both the proposed church and church office peak parking demands. Page 3 Staff Report to the Planning Commission February 9, 2004' Item No. 2 (c) That the variance, under the conditions imposed, if any, will not increase the demand or competition for parking spaces!upon adjacent private property in the immediate vicinity of the proposed use: The project parking lot is physically separated from other adjacent development. Furthermore, there is no reason,td encroach into other parking,facilities because the project's parking lot provides ample parking as indicated in the parking analysis. (d) That the variance, under the conditions imposed, if any, witl not increase traffic congestion, within the off-street parking areas or lots :provided for such use; Traffic and parking congestion will not occur because the supply of parking spaces for: the project site is anticipated to be only 54°/doccupied during the peak parking demand :period. (e) That the variance, under the conditions imposed, if any, will not impede vehicular ingress to oregress from adjacent properties upon the public streets in the'mmediate vicinity of the proposed'use: The proposed church project site is physically separated from the: adjacent private properties. Therefore, there will be no impeding of traffic access into or outof adjacent parking lots "- (19) '.Records indicate there are no current Code Enforcement violations pertaining to this property:. (20) The Community Development Department has submitted the attached memorandum dated February 2, 2004, indicating that the Department concurs with3he Planning Department recommendation of approval for this request, provided the OPA betweenthe Anaheim Redevelopment Agency and Catellus Development;Corporation is amended by the- Redevelopment Agency prior to commencing church activities on the property. Staff has included a condition requiring that the OPA be amended as necessaryby the Redevelopment ;Agency prior to commencing church activities on the property. ?; (21) :The proposed church complies`with all site development and zoning standards (with the exception of parking) required for properties and uses within the Northeast Area Speck Plane: -The petitioner has indicated (as identified'bn Exh(bit No. 1) that a large portion of the facility r would not be immediately improved or used for church related activities. This area':: (approximately 31,000 square feet) would'be improved in conjunction with a future'expansion,! 'which would include a gymnasium and apre-school: Staff has`included'conditions of approval ?requiring that at such time as these improvements are proposed, an updated parking analysis: +be submitted to staff in conjunction with the conditional use permit application, and that until such time,4this area not be used for assembly or other church related activities, except for `storage. Because the proposed church complies with all site development and zoning standards (with the exception of parking which has been deemed adequate by the Traffic and.'. Transportation Manager) required for properties and`uses within the Northeast Area Specific Plan, staff recommends approval of this request. (22) Although staff is recommending approval of this request, there are some concerns,'consistenE with those' identifledby Community Development staff, that these types of uses might not be appropriately located'within industrial areas. The Specific Plan: has been'establisfied to 'develop and maintain a stable,'diversified range of industries within this area by encouraging ' 'the expansion of existing industry and discouraginguses other than industrial uses nr uses closely related to and. supportive of industrial uses in areas designated orzoned industrial. The establishment of uses over time within the Canyon Business Center that arenot industrially-related has the potential of eroding the City's availability of prime indusfriai Page 4 Staff Report to the Planning! Commission February 9;2004 item No. 2 locations for newly emerging industrially-related businesses that create employment cpportunitieswithin the,City. The Commission may wish to further note thafthere have been 'conflicts with' churches within industrial areas with regard to sensitivity to certain industrial uses. FINDINGS:.! (23) Section 18.06.080 of the parking ordinance sets forth the following findings, which are required to be made before a parking waiver js approved by the Commission: (a) That the waiver, under the conditions imposed, if any, will not cause fewer off-street parking: spaces to be provided for sucfi use than the number of such spaces necessary to accommodate'all vehicles: attributable to such use under the normal'and reasonably foreseeable conditions of operation of such use; and (b) ; That the waiver, under the conditions imposed, if any, will not increase'the demand and competition for parking spaces uportthe publicstreets 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 i of the proposed use; and (d) That the waiver, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking;areas or Idts provided for such use; and (e), That the waiver, under the conditions imposed, if any, will not impede vehicular ingress to or egress from'adjacentpropertiesuponthe public streets in the immediate vicinity of the proposed use. Unless conditions to the'contrary are expressly imposed upon the granting of any waiver pursuant to this Sectioniby the Plarning Commission or City Council, the granting of any such waiver shall tie deemed' contingent upon operation of such use in conformance with the assumptionsrelating to the operation and intensity of ttie use as contained in the parking demand study that formed the basis for approval of said waives Exceeding; violating, intensifying or otherwise deviating from any of said assumptions as contained in the parking demand study shall be deemed a violation of the express conditions imposed upon said waiver which shall subject said waiver to termination ofmodification pursuant to the provisions !of Sections18.03.091rsnd 18.03':092 of this Code. (24) Before the Commission grants any conditional use permit, it must make a finding of fact that the evidence presented shows tfiat 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 isnot listed therein as being a permitted use; (b); That the proposed use will not adversely affect the adjoining land uses and the growth and developmenfof 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 tb allow the full development of the proposed use in a manner not detrimental to the particular area nor to thepeace, health, safety, and general welfare;: (d) That the traffic generated by the proposed use will not impose an undue burden upon the streets ahd highways designed and improved to carry the traffic in the area; and Page 5 Staff Report to the Planning Commission February 9, 2004 Item No. 2 (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: (25) Staff recommendsthat, unless additional or contrary information is received during the hearing and based upon the evidence'submittedto the Commission; including he evidence presented in this staff report; and oratand written'evidence presented at the public hearing, the Commission take the following actions: (a) By motion, a rove the CEQA Negative Declaration for this request. (b) By motion, aoorove the waiver pertaining to minimum number of parking spaces based on'the findings contained within the parking;study submitted by the petitioner as described in paragraph `nos. 17 and 18, of this report and that the';City Traffic and Transportation Manager upon review of saidparking study has determined that there is` an adequate supply of parking spaces for the church and other uses on the`property, and based o~ he following: (i) That the waiver, under the conditions imposed, and based upon the conclusions contained in the submitted parking demand study; would not cause fewer off-street parking spaces tobe provided for the church and'other on-site businesses providedthe churcfi' adheresto the assumptions contained in`the parking study 'and the hours of operation as conditioned herein. (ii) 'That the waiver, under the conditions imposed, would not increase the demand and competition forparking spaces upon the public streets and adjacent private property in the immediate vicinity of the: proposed use. (iii) :That the waiver, under the conditions imposed, would not increase traffic congestion withinthe off-street parking,areas or lots providetl for suchwse. (iv) That the waiver, under the conditions imposed, would not impede vehicular ingress. to or egress from adjacent properties, upon the public streets: in the immediate vicinity of the proposed use. (c) By resolution, aoorove this request. for Conditional Use Permit No. 2p03-04793 (to establish a church within'an existing office/research and development building) based ' on'tfie following: (i) That the proposed church as conditioned would not adversely affect the adjoining industriabland uses and the growth and development of the area in which it is ;proposed to be located; and (ii) That the size and shape of the site for the proposed use is adequate to allow the full development of the proposed use in a manner notdetrimental'to the particular area nor to therpeace, health, safety, and gehe~al welfare; and (iii) 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?` Page 6 Staff Report to the Planning Commission February 9; 2004 'Item No. 2' (iv) That the granting of the conditional use permit under the: conditions imposed; would nofbe detrimental to the peace, health, safety and general welfare of the citizens of the. City of Anaheim as the proposed church complies with all site tlevelopmeht and zoning standards (with the exception of parking) required for properties and uses within the Northeast Area Specific Plan. THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS AN INTERDEPARTMENTALCOMMITTEE'AND'ARE RECOMMENDED FORADOPTION BY THE PLANNING COMMISSION IN-THE EVENTTHATSHIS PERMIT IS APPROVED. 1. That the operation for the church shall be limited to the following and as stipulated in the petitioner's letter of operation dated October 14 2003, Three (3) Sunday Services = 9:00 a.m;; 11:00 a.m. and 6:00 p.m. Wednesday Service - 7:OOp.m, to 8;30 p.m. Administrative Office hours -Monday through Thursday 8:00 a.m. to 4:00 p.m. 2. That approval of this permifshall be contingent upon approval of an amendment to the existing owner participation agreement (OPA) tietween the property owner (Catellus Finance, LLC)'and the City. of Anaheim Redevelopment Agency. 3. That there shall be no outdoor storagepn site at any time. 4. That the area designated for future expansion (gymnasium orpre-school) shall not be utilized as an assembly hall or meeting area for primary or accessory church activities (other than storage). 5. , That no portable signage shall be utilized to advertise the church. Further, that signage shall be limited to one (1 ):wall sign'as shown on Exhibit No. 3. Any additional signs shall be reviewed and approved by the Zoning Division. Any decision by staff regarding signage may tie appealetl to the Commission as a"Reports end Recommendations" item. ' 6. That no required parking area shall be fenced orotherwise enclosed for outdoor storage uses. 7. That the only accessory school activity`shall be Sunday school and this facility shall not be'used as a private daycare, nursery, elementary, junior andlor senior high school. 8. That afsuch time as any future expansion is proposed to include a gymnasium and/or preschool, or any other facilities, a revised parking study shall be submitted to the Traffic and Transportation Manger of review and approval and consideration by the Planning Commission at a noticetl public hearing. 9. That the adult congregation at any one time shallbe limited to eleven hundred (1,100) persons. If the number of cohgregates exceeds this number of member's, at anyone time; the petitioner shall then submit a packing management plan to the Traffic and Transportation Manager for review and approval, prior to review and approva(by the Planning Commission at a noticed' public hearing. 10. That the properryshall be permanently maintained in an orderly fashion by providing regular landscape. maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time'of occurrence. 11. That plans prepared by a licensed architect andlor engineer shall be submitted to the Building Division for review and. approval analyzing the existing building conditions and. applicable codes for the proposed facility to ensure compliance with applicable Building: and Safety Code requirements (i:e: exiting requiremerits, occupancy load). Page 7 Staff Report to the Planning Commission February 9, 2004'. Item No. 2 12. That the property owner shall be required to implemenYappropriate non-structural Besf ManagementPractices' (BMPS) (these may be found online at www.cabbmoflandbooks:com). The selectedBMPs shall be implemented and maintained to minimize the introduction bf pollutants to the stormwater drainage system; 13. That the on-site landscaping and irrigation system shall be maintained in compliance with City rstandards. 14. That 4-foot high addresshumbers shall be displayed on he roof in' a contrasting color to the roof material. The numbers shall not be visible from the view of the street or adjacent and nearby properties. Said information shall 6e specifically shown'on plans submitted'for Police l]epartment; Community Services Divisionapproval. 15. That subject property shall be maintained substantially in accordance with plans and specifications. submitted to the City of Anaheim by the petitioner and which`plans are ort file with the Planning Departmerttrnarked Exhibit Nos: 1, 2 and 3 and as conditiohed herein. 16. 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, 11,:12, 14 and 15, above-mentioned, sfiall be complied with: Extensions for further time to'complete said conditions may be granted in accordance with. Section 18.03.090'of the Anafteim Municipal Codel 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 anyother applicable City,State and Federal regulations. Approval does not include any action or findings as to complianceor approval of the request regarding any other applicable ordinance,: regulation`or requirement. Page 8 g U'6, R'~ ry FEf3 2004 ~' p~ p,N~EN~ING ~6 ~EFARf~EN'6 MEnAORANDUM ~~ CITY OF ANAHEIM ~«[~~&1~84~~ COMMUNITY DEVELOPMENT DEPARTMENT DATE: FEBRUARY 2, 2004 TO: JOHN RAMIREZ FROM: OB GORSON SUBJECT: CUP 2003-04793 -Proposed Church @ 4905 East La Palma The following provides background information in preparation for the Planning Commission's consideration of Conditional Use Permit (CUP) No. 2003-04743, to permit a church in an existing high-image office building, with a proposed waiver for parking. This property and the surrounding area have the following attributes: Located within Redevelopment Project Alpha (Northeast .Area) that includes 2,366 acres of primarily industrial uses; Agency invested more that $100 million in infrastructure improvements to allow for the implementation of the Redevelopment Plan; and Agency entered into an Owner Participation Agreement with Catellus Development Corporation in 1992 and among other things, the Agreement obligated the Owner to covenant that the property would be devoted to only those uses identified in the Redevelopment Plan. Catellus and the church have indicated that the church will have an employment program, provide certain meeting facilities for surrounding businesses and potential future uses would provide services to the area in general (e.g. day care). The Community Development Department concurs with the Planning Department recommendation to approve CUP 2003-04793 subject to the condition that the Owner Participation Agreement between the Anaheim Redevelopment Agency and Catellus Development Corporation be amended and approved, by the Anaheim Redevelopment Agency, to allow for a church use as a condition of approval. If you have any questions regarding this matter, please do not hesitate to contact me at extension 4809. C: Lisa Stipkovich Brad Hobson David See F 100[5'PCOpDE~UlEA105'BGAIAI?9A DOC ITEM N0. 3 Po F w BRUCE AVE vAR St W O: VAR 11 Q CHURC S-]IDO N ~U EACH ~ Q RS-7200 SCHO U Z W IOU EACH U ~ RS-]200 G J IOUEACH Rs.7zoB DU EACH YALE AVENUE RM-300 - RCL ]7-]t VAR 30 RM-1200 --~--- - ~ ~ RS-]200 VAR 29 VAR 19 RCL fi54i611] PARCEL 1 1 PU EAC 6 R$-A-03,000 j, ",. V ] 0 DU '. RCL 63b456 > ':` CUP 2003-0481fi ' ' :L CUP 2001-06411I' '. CUP 2001-04396 f ~iY 0. 1 VAR 3186 k R b M-12061 NURSERY lo-6x t6)i RM-1200 - ~~~ ~- RM4200 2]P p { RCL 6]b9-]9 RCL fi7.6&]9 ~O MANGR gM42Po RM-1200 . - V 3 NT CENTER RLL 65£St17 RCL fi5-6fi-11] OT' VAR 1913 ~ 560U CL 565id1 SS5]it ~ ;WF. Sfi DU CUP 1309 va~q 10]196 VAR 1796 ,. I- 5 W - LINCOLN . 60 DU UI 2 n RV PARK qt ~ O¢- ~ qt F W11 U flt (n ~ >. d' i `< 21 ¢, E~ CL 2 U CL CL 2 n eB5 RCL 68b9-Sg RcL ~s 5F dt RCL 69-0350 W 56-5]di Sfi-5]61 WV RCL 67b&79 flcL m~ : 475 cUP U26 Q CUP 910 CUP 3690 F RCL 674i&]9 ~ vqR ]T02 CUP 2001-0440] cup x¢ ~ rv-paLE sMALL6HGP0 ~ RESTAUMNT AUTO WBE ] VAR 1973 PPwG CTq CUP 1003 cwx vu+v . upuoq sTpgE u3 SMALL SHDPS CAR WASH ~ LINCOW CENTER g O N CE ~ LINC L NTER s~sl 265'-~--~f-210'---~ ' LINCOLN VEA NUE j I-e-132 I 687'-- -~I CL , RSA- CL Q~XPI ~~ CL 5G5]-5 4],008 CL L RU o° ~ " ~ w q LVP ]9]) F LVP x616 RLLfi&6&ll9 6p .pt.t0> f L 6YW-160 a¢ CVP ]656 IL MOTEL LUP 1048 b05 L1P+It1 6 WP20x] m ~ IEIM CVPtx92 Td copse tV °oo~ RM-1200 VAR ID1x W ~ yqq 9955 tN.iL vAflxlR] ai Ant 0lsa oo¢'; RM-1200 V euogHlsr i Mx w m ri W RCL 694650 RCL 776& SMALL -03 LOMM. N MOTEL iEMP1E ¢ PAR( ,UgpV1 RCL 83-6402 TME SHGPs ¢ Q rv¢ VAR 2171 COURTYARD a ~ O CL a 71 RM- DO 6~a2{ 4B OU RS-A- flQ5B3)-A y RCLfi36)-] RCL SB-8]-32 63;000 1ZOo ~ qM cUP Z66a RCL S&57-82 U ~ - gLPtxm {MHP) 61622 VAR 3854 APTS, VACANT "" ° Ra'$6i-H H RCL 6Se6.]s V R 9 , CUP 2648 T-CUP 2001 HARBOR 42 PU op ~ A ] 4 W V R VAR 787 .64m6 VILLASE w A 601 P]nnxw Po pu 6 cup 1w] RS-Ad3,000(MHP) SEVEN- INLGLN INN APARTMENTS Q¢ j na6 ma RCL 82-0328 ELEVEN MGTEL rn~ ' nu.1z00 CUP 2033 A ¢z ~ vna m~ RA T ILER CUP 35 4 pARK WESTERN SKIES ~ MOBILEHOME ESTATES gMn266 RCL 71L)131 VAR Z12B tOpU RSa- 4],Opp gM1200 1 ou cL sss)- RSAd].p00(MHP) RCL O)-06-13 MOBILEHGME RS-A-03,000 RCL B&fiBJ V LVP 3059 paRH 'RS-]200 aR ]i72 VAR 1131 1 OU EACH Carbon Creek Channel SERENO PL Conditional Use Permit No. 2003-04816 Subject Property Date: January 12, 2004 Scale: Graphic Requested By: SOUTHERN CALIFORNIA EDISON Q.S. No. 19 REQUEST TO PERMIT RECREATIONAL VEHICLE STORAGE AND ACCESSORY OFFICES WITH WAIVERS OF: (A) MAXIMUM WALL HEIGHT (B) MINIMUM FRONT YARD SETBACK. Parcel 1:2721 West Lincoln Avenue and Parcel 2: 2720 West Lincoln Avenue ~tst i i RS-]200 IOU EACH e ¢ o ~ of ¢' au RM-1200 u ¢ nw 58-59-2] ¢ j VAR 1552 < rc o 4 Du EA _ ITL'M N0. 3 Staff Report to the Planning Commissidn February 9, 2004 Item No. 3? 3a. CEQA NEGATIVE DECLARATION (Motion) 3b. > WAIVER OF CODEREQUIREMENT i (Motion) 3c. CONDITIONAL USE PERMIT NO. 2003-04816 (Resolution) SITE LOCATION AND DESCRIPTION: ` (1) Parcel 1: This rectangularly-shaped 4-acre parcel has a frontage 265 feet do the nortfi side of Lincoln Avenue, a'tlepth of 646 feet and' is located 2:10 feet west of the centerline of La Reina Circle (2721 West Lincoln Avenue). r Parcel 2: This rectangularly-shaped 1.8-acre parcel has a frontage of 132 feet on the south 'side of Lincoln Avenue;: a depth'of 600 feet and is located 587 feet west of the centerline of Stinson Street (2720 West Lincdln Avenue):: REQUEST: (2) The petitioner requests approval of a conditional use permit under authority of Code Section 18.21.050.215 to permit a recreational vehicle storage facility and an accessory modular `office building with waivers of the following:'; (a) SECTION NO. 18.03.043.101 - .Maximum fence height '_ (3 feet permitted; 8 fleet proposed). (b) SECTION NO. 18.21.063.010'. - Minimum front vard setback 25 feet required; 8,to 20.5 feet proposed for ' Parcel 1)j BACKGROUND: (3) This item was continued from the'danuary 12 and January 26, 2004, Commission meetings at he request of thei applicant to submit revised landscape plans. (4) These properties are developed with Edison utility towers and a nursery, ate zoned RS-A- i 43,000 (Residential, Agricultural) and are located in the West Anaheim Commercial Corridors Redevelopment Project Area. The Genera(Plan Land Use Element Map designates these properties for: General Commerciatand Medium Density Residential land 'uses. (5) The surrounding General Plan designations are as follows: Direction Gerieral`Ptan Resignation= 2721 West Lincoln Avenue (4 acres on north side"of sheet) " North Low Densit Residential Eastand West Medium Density Residential and General Commercial South across Lincoln Avenue General Comrnetcial 2720:West Lincoln Avenue (1.8 acres on south side of street) North (across Lincoln Avenue and west Medium Density Residential East : General Commercial South,`, Low Densif :Residential , sr1142cw Page 1 Staff Report to the Planning Commission February 9, 2004 Item No. 3 PREVIOUSZONING ACTIONS: (6) The following zoning actions pertain to this property; (a) Conditional Use Permit No. 2001-04396 (to permit a telecommunication antehna on an existing Edison Tower) for 2721 West Lincoln`Avenue was approved by the City Council on October 2, 2001, following approval by the Commission on Julyj30, 200E (b) Conditional Use Permit No. 2001-04411 (to permit a telecommunications antenna and accessory ground-mounted equipment) for2721 West Lincoln Avenue wasapproved by the City Council on October 23,2001, following approval by the Commission on < September 10,2001. (c) Variance No. 3186 (waiver of permitted accessory uses o permit an office trailer in connection with a wholesale nursery) for 2721 West Lincoln Avenue was approved by theiCommissioh on January 12,'1981. PROPOSAL: (7) The petitioner requests approval of a conditional use permit to establish`a recreational 'vehicle storage facility with anon-site managemenfoffice. This requestihvolves two properties: 2721 West Lincoln Avenue (Parcel 1) and 2720 West Lincolri Avenue (Parcel 2). Parcel 1 is vacant with the exception of two Edison'utility towers, a stucco enclosure for Edison utility equipment and telecommunications antennas with accessory ground-mounted equipment. Parcel 2 is occupied by a wholesale nursery. (8) The site plan for Parcel 1(Exhibit No. 1A)'indicates 259 recreational vehicle storage spaces. <The site plan for Parcel 2 (Exhibit No. 1 B) indicates:133 recreational vehcle storage spaces. The site plans indicate that all storage spaces would be constructed of pervious (crushed rock) surtace and all'drive aisles would be constructed of aspfialUconcrete pavement. The site plan for Parcel 1 iindicates an 8-40 foot wide landscaped setback adjacent to Lincoln Avenue and a 25 foot wide landscaped setback adjacent to Yale Avenue. The site plan for ? Parcel 2 indicates a 25 foot wide landscaped settiack adjacent to Lincoln Avenue: Code 'requires a 25 foot wide landscaped setback adjacent to Lincoln Avenue: and Yale Avenue. Plans also indicate a 15-foot wide setback adjacent to the west property line, which is specifically designed to serve es a future public trail ink. Upon. finalization of a multi-use agreement betweenSouthem California'.Edison and'the Cityjsaid traitarea woultl tia dedicated o the City:. (9) .The site plans also indicate a new 8-foot high block wall along`the perimeter of the project (with the exception of chain link proposedalong the south property line of Parcel'2 abutting J the flood control channel) with wrought iron vehicular access gates at each entrance. Plans further indicate a maoagemenYoffice located on Parcel 1. The;applicanthas submitted a rendering of the proposed 8' x 10' modular office. The applicant proposes to construct the 'office on a'permanent foundation adjacent to Lincoln Avenue on Parcel T. The office building would be setback 30fieet from Lincoln Avenue and 10 feet from the eastproperty ine (adjacent to an existing commercial center). (10) Vehicular access is provided via one driveway along the north side of Lincoln Avenue for Parcel 1 and one driveway along the south side of Lincoln Avenue for Parcel 2 Plans ihdicate a total of 5 guest/patron parking spaces omParcel 1: Code requires five (5)parking spaces for the self-storage use (based on 0.27 space per 1,000 square feet of gross floor Page 2 Staff Report to the Planning Commission February 9; 2004 ` Item No. 3' area or 5 spaces, whichever is greater). Access from Yale Avenue would be restricted to emergency vehicles only. (11) The landscape plans (Exhibit Nos: 2A and 26) indicate'ground cover, crescent shaped: " berms (to be internallyilluminated to create a "moonlight effect"), 15-foot high shrubs and trees at the frontage of both properties along Lincoln Avenue. The landscape plan for Parcel 1 (Exhibit No; 2A) indicates eighteen 15-gallon Citrus trees, five 36-inch bdz Flowering Plum Trees (Prunus cerasifera) and two Mexican Fan Palm Trees (Washingtonia hybrid) flanking the entrance'for a total'of 25 trees. adjacenf to Lincoln Avenue and six 24-inch box African .Sumac Trees (Rhus lances) adjacent to Yale Avenue. The landscape plan for Parcel 2 (Exhibit Nos'28) indicates twelve 15-gallon Citrus trees',and three$6-inch tiox Flowering Plum Trees (Prunus ce~asifera) for a total of 15 treesad}'scent to Lincoln Avenue. Code requires one ree pef20 linear feet of street frontage for a total of:13 trees-along Lincoln Avenue for Parcel 1 and 7 trees along Lincoln Avenue for Parcet2. The landscape plans also indicate that 15-foot high shrubs (Parthenocissus tricuspidata) would tie planted'against the outside of perimeter walls along Lincoln'Avenue in effort to screen the storage use from view of pedestrian and'vehicular traffic; and tall shrubs would also be planted along eportion ofthe east property line of Parcel=-1 to screen stored vehicles from the existing apartment balconies. Plans also how that he potential trail right-of-way would be planted with ground 'cover until jf would be otherwise'developedi ' (12) The landscape plans also indicate one wall-mounted sign at the driveway entrance on Parcel 1. The plans indicate the sign would be 18 square feet (3x6 feet) and would advertise "Firstar R.V Storage' :with the numerical address underneath the text. Code permits one 20 square foot vuall sign in residential zones, when flanking the driveway entrance. No mbnumentor freestanding signs(are proposed. (13) The letter of operation states that Firstar RU Storage hours of operation would be Monday through Saturday 7:OO am to 6:00 pm and Sunday 8:00 am to 5:00 pm with one employee per shift. Tfte letter indicates there are no employees on site during business hours on :Sunday. The letter indicates that`security personnel would perform random. security checks during the evening and that security web cameras would be installed onsite to allow. the premises totbe viewed. via the Internet. The storage facility would be gated and access permitted with a key card to activate the entrance gate. Lastly, the letter states that strict conditions nvolved;with the storage of recreational vehicles would be imposed including: all :vehicles must have current registration, be' in workinglcondition end washing and maintenance of vehicles would be prohibited. ENVIRONMENTAL IMPACT ANALYSIS: (14) Staff has reviewed the proposal and the Initial Study (a copy of which is available forreview in the Planning Department)and finds nosignificant environmental impact and, therefore, recommends that a tegative Declaration tie approved upon a finding by the Commission that the declaration reflects the independent judgment of the lead agency;: and that it has 'considered' he proposed Negative Declaration together with any comments received during he public review process and further finding on the basis of the Initial Stutly and any comments!received that there is no substantial evidence that the project will have a ;'significanteffect on the environment. GROWTH MANAGEMENT ELEMENT ANALYSIS: (15) The proposed project has been reviewed by affected City departments tb, determine whether it conformswith the City's Growth Management Element adapted by the City Council on March 1T!1992. Based on Cjty staff review of the proposed project, it has been determined Page 3 Staff Report to the Planning Commission + February 9, 2004 Item No: 3 that this project does'not fit within the scope necessary to require a Growth Management Element analysis, therefore, no analysis has been performed. EVALUATION (16) Waiver (a)'pertains to maximum fence height. Code'permits a 3-foot high. fence within the required 25-foot setback adjacent to Lincoln Avenue: This waiver pertains to Parcell as 'plans indicate an 8-foot high block wall setback 8 feet to 40 feet adjacentto Lincoln Avenue. ::The petitioner's "Statement of Justification:" states that the waiver is necessary because of ' the location of the existing Edison utility tower and as a means to screenthe proposed storage facility from!public view: Staff has confirmed hat Southern California Edison :requires a`minimum clearance of twenty-five feet around the existing transmission towers, which limits the placement of the block wall to satisfy code requirements,':This waiver does "not pertain'to Parcef 2, as the proposed wall is not7ocated iry the front setback. Moreover, 'the proposed location providesa permanent screen`wall for the proposed storage facility. :Therefore, `staff recommends approval'df this waiver: (17) Wavier (b) pertains to minimum front yardsetback. Code requires a minimum setback of 25 feet adjacent to Lincoln Avenue: This waiver pertains to Parcel i as plans indicate an 8 to ' 20.5 foot setback adjacent to the existing Edison utility towers. Staff views this as°a constrainEbecause the location' of the utility tower is fixed. The petitioner's "Statement of :Justification" states that the waiver is necessary to provide the;required clearance for maintenance of the existing Edison utility dwers. Plans for Parcel 1 indicate the front setback varies from t3 feet to 40'feet, with the majority of the setback satisfying the code requirement of 25 feet. Also, as'evidenced by the proposed landscape plans, this waiver 'does not diminish the ability to provide significant landscaping along Lincoln Avenue. Therefore staff recommends approval of this waiver. (18) Code permits recreational vehicle storage jn the RS-A-43,000 zone subject to the approval $f a conditional use permit and provided such storage facility is located on a property that 'meets the following criteria: (1) is integrated into a single development having a minimum overall site area of five (5) acres; (2) is located on an irregularly-shaped property which may be constrained by accessibility„visibility oreasemehts and which may not be suitable for conventiohal types of'development; (3) isnot adjacent to any residential zone or is sufficiently buffered from such'zone; (4) is'screenetl from the public right`of way; (5)' is fully landscaped to meet code requirements; (6) the use is compatible with surrounding land uses; and; (7) the property is not located in the Scenic Corridor Overlay Zone. (19) To address the requirements stated above, the applicant has put together the attached letter ofjustification. In summary, the justification states the following: (1) the proposed project (combining the north'and south ides of property on Lincoln Avenue) is located on 6 acres of underutilized property; (2) the project consists of two'narrow parcels with several utility easements; (3) parcel one abuts residential development to the east (balconies of a two- 'story apartment complex and one single family home) and west (carportsof a two-story apartment complex)'all of which will be sufficiently buffered from these uses with 15-foot high shrubs and a 10 to 15 fooflwide landscaped setback; (4) and landscaping along Lincoln i Avenue will dramatically enhance the current street'presentation by introducing art elements ''into the landscape areas and; where feasible, incorporating the Lincoln Avenue Corridor Master Landscapeplan; and (5) applicant met with neighborhood groups to assist in project ''design ahdproposaL` (20) 'The Commission may wish to note that the applicanYdid conduct projectplanning and facilitation meetings with the surrounding!neighbdrhood and with WAND (WesfAnaheim c Neighborhood Develdpment Cduncil). As a result of these meetings, the: applicant: is aware Page 4 Staff Report to the Planning Commission February 9, 2004 Item No. 3'i of their concerns and intends to operate a neighborhood sensitive business by not allowing any vehicle repair, washing, dumping, maintenance or other activities that would be offensive to the surrounding residential landuses. Also, staff has received two negative items of correspondence and one supportive item with: regard to this proposal to permit a recreational vehicle storage facility with accessory office and waivers. The two letters'of opposition state concerns of a commercial use in a residential neighborhood, increased traffic, proposed landscaping, storm drain capacity and hours of'operation. The positive item of correspondence was received by a gentleman'at the public zoning counter. He is supportive of development as it would help eliminate graffiti and`transient concerns. (21) Staff was initially concerned with the use of these parcels as a recreational vehicle storage facility. Storage facilities are often' an undesirable land use, as they are an outdoor use, 'which isdifficult to screen from adjacent properties and the public right-of-way. This proposal, however, islocated onparcels that would be difficult for conventional development :because of the extreme lot depth'and existing utility equipment ahd easements. Also, the proposed unique "art like" landscape improvements along Lincoln Avenuewould significantly improve the current street scene'and provide a sufficient buffer for the storage use. In% consideration of the irregularity and confinements of the lot and the proposed landscape 'buffer and the limited flours of operation antl other restrictions outlined in the letter of ` operation, staff recommends aa~proval of the request to permit recreational vehicle storage at this location. However, staff believes thaf 24-hour on-site management is necessary to address potential neigfiborhood'disturbances that may occur ahd that the landscape hedge along the east propertyline should be extended north: (towards Yale Avenue) to buffer the vehicles from the existing single family resitlence adjacent to the Northeast comer of the property. Also vehicles stored at the northeast corner'should notiexceed the height of the landscape screen. FINDINGS: (22) When practical difficulties or unnecessary hardships result from strict enforcement of the Zoning Code, a modification may. be granted for the purpose of assuring that no property, tiecause of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zone. The sole purpose of any code waiver is to'prevent discrimination and none shall be approved which would have the effect ofgranting a special privilege notshared by other similar properties. Therefore, before any code waiver is granted. by the Commission,' ft shall be shown: (a) That there are special circumstances applicable o the property suchas size, shape, topography, location or surroundings, which do not apply to other identically zoned properties in thebicinity; and (b) That strict application of the Zoning Code deprives the property of privileges enjoyed by other properties underidentical zoning classification iN the vicinity: (23) Before the Commission grants any conditional use permit, it must make a finding of fact that ''the evidence presented shows that all of the following`conditions exist: (a) That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code, or that said use is not listed therein as being. a permitted use; (b) Thatthe proposed use will not adversely affect the adjoining land uses and the growth and developmentof the area in whicRit is proposed to be located; `Page 5 Staff Report to the Planning Commission February 9, 2004 ': Item Na 3 (c) That the size and shape'of the site for the proposed use is adequate to allow the full developmentbf the proposed use in a manner not detrimental to he particular area nor to the peace, health,. safety, and genera welfare; (d) That the traffic generated by the proposed use will not impose an undue burden upon the treets 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, wiil'not be detrimental to the peace; health, afety and`general welfare of the citizens of the City of Anaheim. RECOMMENDATION: (24) .Staff recommends that, unless additional or contrary, informatioh is received during the 'meeting, and based upon the evidence'submitted to he Commission,'including the evidence presented in this staff report, and oral and written evidence presented afthe public hearing, ', the Commission take'the following actions: {a) By motion, aoorove the CEQA Negative Declaration. ` (b) By motion, aoorove waivers pertaining to (a) maximum fence height and (b) minimum front yard setback based on the following: (i) , That these waivers are a function of providing adequate clearance for' maintenance of the existing Edison towers. The property has special circumstances since it is already developed with the utility towers and the waivers only pertain to the portion of the projectas neededto provide the necessary buffer around the owers; therefore, strict application of the Zoning Code would deprive this property of privileges granted to other existing RSA- : 43,000'zoned properties within the vicinity. (c) ey resolution, a rove Conditional Use Permit No. 2003-04816 (to permit a recreationalvehicle'storage facility and accessory modular office building) based on the followingi (i) That the recreational vehicle storage facility with accessory office is listed as a conditionally permitted use within the RS-A-43,000 Zone, and as conditioned herein, would not adverselyaffect the,adjoining and uses'and the growth and development of the area in which it is proposed td be located. (ii) That the size and'shape of the site is large enough to support the recreational > vehicle'storagew~h an accessory office in a manner nofdetrimehtal to the particular area nor to the peace, health, safety, and general welfare. (iii) That the traffic generated by he proposed recreational vehicle storage facility with accessorybffice would not impose an undue burden on the streets and highways as this Use does not generate a large number of vehicle trips and is designed with adequate on=site circulation. (iv) That the granting'of this conditional use permit under the conditions imposed (including the prohibition ofmaintenance, washing and or waste dumping as accessory to the recreational vehicle storage facility), would not be detrimental to the peace, health, safety, and general welfare of the citizens of the City of Anaheim. Page 6 Staff Report to the Planning Commission 'February 9; 2004 Item No. 3 THE'FOL:LOWING 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 13APPROVED. 1. :That hours of operation shall belimited to 7:00 a.m: to 6:00 p.m'. Monday through Saturday and 8:00 a:m. to 5:00 p.m. on Sunday. 2. That the following operational restrictions shall be imposed: (a) That nopropane tanks or vehicle waste dumpingshall be permitted. (b) That no'audible vehicle alarms shall tie permitted. (c) That noon site maintenance or repairof vehicles shall be permitted. (d) That no storage of inoperable vehicles'stall be permitted. (e) That no canopies or overhead coverings of any kind shall tie permitted. 3. That all signage shall be limited o that shown on the'submitted'exhibits. Any additional signs shall be submitted to the Zoning Division for review: Any staff decision'regardingsignage may be appealed to the Planning Commission as aiReport and Recommendations item. 4. That any tree planted on-site shall be replaced in a timely manner in the event that iti is removetl, `damaged,: diseased ahd/or dead. 5. That the landscape planters shall be permanently and professionally maintained with live and healthy `plant materials. 6. That the locations forfuture above-ground Utility devices including, but not limited to; electricaG hansformers, water backflow tlevices, gas, communications and cable devices, etc., shall be'shown on plans ubmitted for building' permits. Plans shatl'also identify the specific screening treatments of each device (i.e. landscape screening, color of walls, materials, identifiers; access'points, etc)' and shall be sutiject to the review and approval of the appropriate City departments. Z That plans'shall be submitted to and approved by the City Traffic and Transportation Manager indicating flow the vehicular security gates: and vehicle turn-around area will function. Said plans 'shall be implementedrand said property shall conform to said plans. 8. That plans shall be submitted to the City Traffic and Transportation Manager for his Feview and approval'showing conformance with the current version of Engineering Standard Plan Nos. 436, 601 and 602 pertaining to' parking standards and driveway locations. Subjectproperty shall thereupon be developed and maintained in conformance with said plans. 9. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses? 10. That an on-site trash truck tum around area shall be provided per Engineering Standard Detaif No. 610 and shown on'plans as required by the Department of Public Works; Street Sweeping and Sanitationbivision. 11. That the legal owner of subject property shall irrevocably offer to dedicateito the City of Anaheim, a publicvtilities easement (dimensions wih vary) across high voltage lines,!low voltage lines, around all pad mounted transformers, switches and oapacito~s: Said easements shall be submitted to the City of Anaheim prior to cohnection of elect~ical`service. Page 7 'Staff Report to the Planning Commission February 9, 2004 item No 3 12. That lighting fixtures' in any proposed parking area and other security lighting located adjacent to any residential property hall be down-lighted with a maximum height of twelve (12) feet. Said lighting fixtures shall be directed away from adjacent residential property lines to protect the residential integrity of the area and shall be so-specified on the plans submitted ton building permits. 13. That the property owner shall implement appropriate non-structural and structural Best Management Practices (BMPs) as pecified in the Orange County Drainage; Area Management Plan (DAMP) AppendiXG. The selected BMPs shall tie implemented and maintained to minimize the introduction bf pollutants from entering the,City of Anaheim storm water drainage system. 14. That if required, the legal property owner shall dedicate to the City of Anaheim an easement along the property ine (dimensions will vary) for public utility`purposes. 15. That any required relocation of City electrical utilities shall be at the expense of the`property `; owner/developer. Landscape'and/or hardscape screening of all pad-mounted equipment shalt be required and shall be outside the easement area of the equipment. Said information shall be specifically shown on plans submitted for building permits. 16. That trash' forage areas shall be provided and maintained in a location acceptable to the Public Works Department,:: Streets and Sanitation Division and in accordance with approved plans on file 'with said Department. Said storage areas shall be designed, ocated and screened o as notto be `readily identifiable from adjacent streets or highways. The walls of the storage areas if visible off--site, shall be protected from graffiti opportunities by the use of plantmaterialssuch as minimum t=gallon size clinging vines planted on maximum 3-foot centers or tall shrubbery. Said information shall be 'specifically shown on the planssubmitted for building permits.': 17. That a plan sheet for'solid waste storage and collection and a plan for recycling shall be submitted to the Public Worksbepartment, Streets antl Sanitation Division for reviewand approval. 18. That the water backflow equipment and any other large water system equipment shall be installed to the satisfaction of the Water.Utility Division in eitherunderground vaults: or behindthe street setback area In a mannecfully screened from ail public streets and alleys. Said information shall be specifically shown on plans submitted for building permits. 19. That all existing water services shall conform to current WaterUtility Standards. Any existing,water services that are notapproved, by the Utility for continued use shall be upgraded to current standards, or abandoned by the developer. If the existing services are no longerneeded, they shall be abandoned by the developer. 20. That prior to the approval of the grading plan, a favorable check letter from Southern California Edison shall be submitted to the Public Works DepartmentrDevelopment Services'Division~or review and approval. 21: That priorto issuance of a grading permit; the applicant shall submit a Water Quality Management Plan to the Public Works Department, Development Servicesbivision for review and approval. 22: That the property owner shall'submit a letter requesting termination of Variance No 3186 (waiver of permitted`accessoryuses to permit an office trailer in connection with a Wholesale nursery) to he Zoning Division. 23. Shat the use of the Yale Avenue access shall be limited to emergency vehicles only. Said access -shall be equipped with a "KnozBox" or similar device approved by the Fire Department. Page 8 Staff Report to the Planning Commission February 9;:2004 Item No. 3 24. That all lockable pedestrian and/or vehicular access gates shall be equipped with "knox box" devices as required and approved by the Fire Department. 25. That the landscaping proposed along Lincoln Avenue: and the east property line abutting the residential land usesshall be maintained as an effective visual fiuffer and shall not be unreasonably pruned. 26. That the 15=foot high shrub screen proposed along a portion of the east property line shall be extended tfie full length of the east property line abutting any residential land uses. Said information shall be specifically shown on plans submitted for Zoning Division Approval, 27. That the petitioner shall provide atwenty-four (24) hours per day, on site manager. That the name and telephone number of the ornsite manager shall tie kept on file with the Code Enforcement Division. 28. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim: by the petitioner antl which plans are on file with the Planning.. Department marked Exhibit Nos; 1A, 16, 2A and 26 ahd as conditioned herein. 29. That final plans for the caretaker's quarters'shall be submitted to the Zoning Division for review end approval. Arty decision by the'Zoning Division regarding the caretaker's quarters may be appealed to the Planning Commission as a .Reports and Recommendations'item. 30. That this entitlement shall only allow for storage of vehicles within assigned spaces as shown on Exhibit Nos;1A and 1 B. No otfier on-site storage of any type shall be permitted and'no storage shall occur in any area designated on said exhibit for landscaping, circulation or customer/employee 'parking. 31. That as stipulated by the applicant, security cameras shall be installed and maintained on site to monitor after hours outdoor activity. Said information'shall be specifically shown on plans submitted for building permits. 32. That other than for purposes of a grand opening, special event permits shall not be permitted in conjunctionwith this business. 33. That prior to issuance of a building permit or within a period of one (1) yeas from the date of this resolution, whichever occurs first, Condition Nos. 6, 7 8, 10, 11;:12, 14„15, i6, 17,'.18, 20, 21 22, 26, 27, 29 andi3l,obove-mentioned; shall beoomplled with. Extensions for further time to complete said conditions maybe granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 34. That prior to final building and zoning inspections, Condition Nos. 23, 24 and 28 above-mentioned shall be complied with5 35. 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 otfier applicable City, State and Federal regulations. Approvaf'does not include any action or findings as to compliance or approval of the 'request regarding any other applicable ordinance, regulation or tequirement. Page 9 Staff Report to the Planning Commission January 26, 2004 Item No: 5 5a. CEQA NEGATIVEbECIARATION (Motion) 5b. ' WAIVER OF CODE REQUIREMENT (Moticn~_, 5c. CONDITIONAL USE PERMIT NO. 2003-04806 (Resolution) SITE LOCATION AND DESCRIPTION: (1) This irregularly-shapedi15.31-acre parcel is located south and east of the southeast corner of Katella Avenue and Raster StreeEwith frontages of approximately 362 feet on the south side ofit<atella Avenue and 1,110 feetcn the east side of Raster Street (210 East Katella Avenue -:EI Cantarito Agua Pura in the Satellite Shopping Center). REQUEST: (2) Petitioner requests approval of a Conditional Use Permit under authority of Code Section Nos. 18.48;020.050'.0505 and 18:46.070:050.0511 to permit a fast food restaurant in connection with an existing water store and`juice bar within a legal nonconforming retail center with waiver of the following: (a) SECTION NOS. 18.06.050.020.0233 Minimum Number of Required (AND 18:48:110'.120 Parking Soaces.{ (109 spaces required; 42 spaces existing) 'BACKGROUND: (3) The subject property is!15.31 acres with the northern 1'.12-acres developed:with a legal nonconforming commercial retail center (the Satellite Shopping Center) and the southern 14.19-acresdeveloped;with the Satellite Mobile HomelPark. The: property has been zoned SP92-2 (Anaheim Resort Specific Plan No. 92-2) since September 1994 and is designated foe Commercial Recreation land uses in the;City of Anaheim General Plan. An aerial photograph of the retail' center is provided on the following page. (The Planning Commission may wish to note that the existing retail center building/site ;improvements and uses are considered to be legal nonconforming as they complied with the Code in effect at the time of constructionlcommencement of the uses; however, they do not comply with current Code requirements. The Anaheim Resort Specific Plan does noYpermit feeestanding`commerciai retail centers less than five acres in size.) i (4) Surrounding!land uses'are as follows: ';:Direction, ~-.. Land~gse ~ . Zoning`..,, General Plan ,~" ;`~ -~e"si" nafion North across Cowboy Boogie and Del Taco SP92-2 y Commercial Recreation ;KateOa Avenue East Comfort Inn and Suites Hotel SP92-2 Commercial Recreatidn South of Ine- 'Satellite Mobile Home Estates SP92-2 Commercial Recreation `commercial "center West ottne Vacant Parcel SP92-2 Commercial Recreation commercial ': ''center .'SP92-2 tfhe AnaheimResort Specific Plan No. 92-2) SR8679dh.doc Page 1 Staff Report to the Planning Commission January 26, 2004 Item No 5 .,.n U. r ~s~ y .,. .. „- )< y F ~ 5 '~~~ t my ~'-`N~? ~, ~u~LP i ~ f ' ~s f`' .a'~~ ~ s- "Y ~N ~ ' ~ ~ '~ ~ r.~ `~~'=° "~ { ~ ~ ~ ? ' ' ~` '' x ~" ~ , .s~, p~ . ~ r 2w s r . fi .~"rNr nN ~ ~' -r r''-~ w~ ~ F~ i q s ~~„ x''' ,.,~ ~ 7 1. .~ S S .eN . ` > fA ': -/ ~ k V ~ ~~ ~~ 9S~ zmp S ' ' '(M1 . t4:. ` ' yPy .Y w,a „ a + t ,~ s r~ .rr 1 ~ .jry ~r F i ~~ Subject Unit (7) Plans indicate a total of 42 existing parking spaces. Code requires a minimum of 109 parking spaces for the retail center (including the restaurant :square footage) as follows: Buildin se Area s" ft Code Requirement Number of Spaces, ,Thai Restaurant . . 2,906 Sts acesll;000 feet of,GFA R wired ! 23.3 Laundromat .1`;160 5i5 s aces/1,000 feet of GFA rr6,4 Retail Sho :4' 870 5.5 s aces:/1,000 feetbf GFA `; 4.8 Lock. Smith 928 ?b:5 s aces/1,000 feet of GFA 5.1 Donut Sho 870 i 5:5 s aces/1,000 feet of GFA > 4 8 :Water Store and Juice . '.Bar with fast food ' 696 5'.5 s aces/1,000 feet of GFA p 3.8 Beau Salon :..870 5.5 s aces/1,000 feet of GFA 4.8 -Taco Restaurant < 696 8 s aces/f,000 feet of GFA 15.6 rRetailSho 1;450 ;S.Ss aces/1,000feet of GFA ' 8.0 Market 7,677 5:5 s aces/1,000 feeYof GFA :'42' 2 . :.Total Parkin S aces Re wired :109 rounded (8) Petitioner has submitted a letter of operation dated January 2, 2004, indicating that the existing business is open seven days a week from 9:00 a.m. to :10:00 p.m: with a total of 3 employees. Page 4 Staff Report to the Planning Commission January 26, 2004 Item No 5 ENVIRONMENTAL IMPACT ANALYSIS: (9) Staff has reviewed the proposal and the Initial Study (a copy of which is available for review in the Planrting Department) and-finds nosignificantehvironmental impact`and, therefore, recommends that a Negative Declaration tie approvetl upon a finding by the Commission that the declaration reflects the independent judgment of the lead agency; and'that it has> considered the proposed Negative Declaration together with any comments received'during the public review process and further finding on the basis of the nitial Study and any: comments received that there is:no substantial evidence that the projectwill have a significant effect on the environment, GROWTH MANAGEMENT ELEMENT ANALYSIS' (10) The proposetl project has been reviewed byeffected City departments to determine whether it conforms with the City's: Growth' Management ElemenNadopted by the City`Council on March 17,.1992. Based on' City staff review of the: proposed project„it has been'determined that this project doeshot fit within the scope necessary to require a Growth Management Element analysis; therefore, no analysis has been performed. EVALUATION: (11) The Anaheim: Resort Specific Plan permits fast-food restaurants subject to the approval of a !Conditional'. Use Permit. (12) Based upon a review of the submitted plans,, staff supports the proposed Conditional Use Permit, as the fast food use is consistent with the provisions of the Anaheim'Resort Specific Plan, all uses are fully contained within the retail unit and the operation of the fast food' uses will not negatively affect; adjoining land uses. (13) The requested waiver pertains to the minimum number of required parking spaces. Code requires a minimum of 109 on-site parking spaces for fie commercial retaiC'center as indicated ' in paragrap6(7) of this staff report: The submitted plans indicate a total of 42 existing;parking spaces. Petitioner has submitted a Parking Study prepared by Traffic Safety Engineers dated October 10, 2003, to substantiate the requested waiver. Based upon a survey of the existing parking demand, said Study indicates that the peak parking demand for the commercial retail center is projected to be 26 spaces (16 spaces less than the existing 42 parking spaces). The City's Traffic and Transportation Manager has reviewed'the Studyand has determined: that the existing 42-space parking lot would be adequate for theproposed'-use. Therefore, the City's Traffic and Transportation Manager has approved the Study as being adequate for the requested parking waiver. A copy of the approved Study has been providers to the Planning Commission and is on file and available forpublic review in the Planning Department. The Parking Study also provides information to support the following required findings which are set forth in Section 18.06.08Oof the Anaheim Municipal Codeand which' must be made before parking waivers ere approved by the Planning Commission: (a) That the variance,'underthe conditions imposed, if any, will not cause fewer off-street parkingspaces fo be provided forsuch'use than fhe number of such spaces necessary to accommodate'all vehicles?attdbutable to suchuse under the normal and reasonable foreseeable conditions of operation of such use..< The approved Parking Study indicates that the peak parking'demand for the full occupancy of the retail center including the subject use is projected to be 26 parking spaces, which is lower than the existing 42 parking spaces. Therefore, the project will not cause fewer off-street parking: spaces to be provided for such use. than the Dumber .Page 5 'I Staff Report to the Planning Commission January 26, 2004 Item No: 5 of such spaces necessary td accommodate all vehicles attributable to such use under the normal and Yeasonable foreseeable conditions of operation of such use. , >. (b) That the waiver, under the conditions imposed, ff any, will not increase the demand and competition for parking spaces upon; the public streets in the immediate vicinity of the proposed use. The approved Parking Study indicates that the proposed project will not increase the demand and competitionfidr parking.. spaces upon the public streets ih the immediate vicinity of the proposed project as the existing parking lot will be able to accommodate the retail center's peak parking demands (the peak parking demand for the site is 26 spaces, which islower than the 42 parking spaces currently provided). Further, on- streefparking is not permitted on Katella Avenue or on Haster Street; the public streets adjacent to the'subject property. (c) That fhe waiver, under the conditionsimposed, if any, will not increase the demand and compettion for parking spaces upon adjacent private property in the immediatevicinity of the proposed use. The approved Parking Study indicates that the proposed project will not cause any demand for parking on private property in the vicinity of the proposed use as the retail center parking Idt is physically separated from adjacent properties and the peak parking demand of 26 parking spaces is lowed than the 42 parking;'spaces currently prouided. (d) That the waiver,'under the condRions'imposed, if any, will not increase traffic congestion within'the off-street parking areas or lots provided for such use. The approved Parking Study indicates that traffic congestion will not occur within the off- street: parking areas, as the existing spaces would more than accommodate the projected peak parking demand ~f 26 parking spaces. Further, two driveways from Katella Avenuerand one driveway from Haster Street currently serve the retail center andprovide access to the: property. (e) That the waiver,:. under fhe conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties; upon fhe: public streets in the immediate vicinity of fhe proposed use. The approved Parking Study indicates that the proposed project will not impede vehicular,ingress to or egress from adjacent properties upon the public streets. in the immediate vicinity of the project as the retail cehter is physically separated from the adjacent private'properties; (including the Mobile Home Park located on the same parcel). Furthermore, there is no reason to encroach into other parking facilities because the centers. parking lot provides ample parking as indicated in the parking analysis. FINDINGS: (14) Before the Planning Commission grants any Conditional Use Permit, it must make a finding of :`fact thattfie evidendepresentetl shows. that all of the following conditions exist: (a) Thafthe proposed use is properly one for which a Conditional Use Permit is authorized bythe Zoning'Code, or that said use is not listed thereinas being a permitted Use; (b) That the proposed use will not adversely affectthe adjoining land uses and the growth ahd develdpment of the area irrwhich it isproposed to beJocated; Page 6 Staff Report to the Planning Commission January26, 2004 Item No: S (c) ' That the size and shape of the site for the proposed use is adequate to allow the full development of the proposetl use in a manner not detrimental to theparticular area nor to the peace, health, safety;; and general welfare= (d)p That the traffic generated by he proposed use will not impose an undue burden upon the streets and highways designed and improved to carrytfie 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; safetyand generalwelfare ofthe citizens of the City of Anaheim. ?' RECOMMENDATION: (15) Staff recommends that; unless additional or contrary information is received'during the public hearing, and based upon the evidence submitted to the. Planning£ommission, including the evidence presented in this staff report, and oral and written evidence presented at the public hearing, the Planning Commissiort take the following actions: (a) ; By Motion, a rove a CEQA Negative Declaration. (b) ! By Motion, a rove the waiver pertaining to minimum number of required parking spaces based upon the City's Traffic and Transportation Manager's review and F recommendation that the existing spaces are adequate to serve the proposed project as discussed in paragraph (13) of this staff report. (c) ? By Resolution, aoorove Conditional Use Permit No. 2003-04806, as conditioned herein, to permit a fast food restaurant in connection witfi an existing water store and juice bar ' within a'legal nonconforming: retail center with waiver of the'minimum' number of required parkingspaces based upon the following: (1) That the proposed use is a proper use for which a Conditional Use Permit is `authorized: pursuanfto Code Section Nos: 18.48.020.050.0505 snd :.18.48.070.050.0511 of the Anaheim Municipal Code; ', (2) That, as conditioned herein, the proposed use would not adversely affect any adjoining and uses otlhe growtfi and develbpmenYof the surrounding area; (3) Tftat the size and shape of the property, with the granting of thefequested waiver, is`adequate o allow for the full development of the proposed use in a manner which is not detrimental to the particular area nor to the peace;.health, safety, and .general welfare of the surrounding area or citizens of the City of Anaheim; (4) That, based'upon the information and conclusions set forth in the approved Parking Study prepared by Traffic Safety Engineers dated October 10, 2003, which reflects that the proposed uses would generate'a peak parking demand of 26 parking spaces and the City Traffic and'Transportation Manager's determination that the existing 42 parking spaces would be adequate to serve the proposed uses, and as conditioned herein;;the traffic generated by the proposed use will noE impose an undue burden upon the streets' and highways designed and improved to carry traffic in the area; and, (5) That the granting of the conditional use permit under the conditions imposed will not be detrimental tb.the peace, health, safety and general welfare of the citizens of the City of Anaheim: Page 7 Staff Report to the Planning Commission January 26, 2004 ' Item Na 5 THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS AN INTERDEPARTMENTAL' COMMITTEEANDARE RECOMMENDED' FOR ADOPTIONBY THE PLANNING COMMISSION IN THE EVENT THATCONDITIC` ~AL USE PERMIT N0.2003-04806 15 APPROVED. 1. Ongoing during project operation, the property owner/developer shalt be responsible for the removal of any on-site graffiti within 24 hours of its application. 2. That the business shall be equipped with an alarm system (silent or audible). 3. ' That a BurglarlRobbery Alarm permit application, Form APD 515 be obtained from the Police Department. 4. That the rear entrance doors shall be numbered with the same address numbers or suite' number, minimum heigfi€of 4' recommended.. 5. That all exterior doors shall have adequate security hardware, e.g. deadbolt Idcks. 6. < That a Fire Emergency Listing Card; Form APD-281 shallbe obtained from the Police Department. 7. That, prior to the commencement of the activityauthorized by this resolution, or prior to final building and zoning inspections, or within one year from the date of approval, whichever occurs first, the subjectlproperty 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 hrough 3'and Condition Nos. 2 -6, above- mentioned,.shall be complied with. Extensions for further time to complete said conditions maybe granted in accordance with Section 18.03.090 of the Anaheim Municipal Code: 8. That the granting of the parking waiver shall be contingent upon operation of such use in, conformance with the assumptions relating to,tfie operation and intensity of the use as contained in the'parking demand study that formed the basis for approval of said variance. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions as contained ih the parking demand. study shall be deemed a violation of the express conditions imposed upon said variance which shall ,,.t•!ecfsaid variance to tem~rination or modification pursuant to the provisions of Section Nos: 18.0; '. +i'and 18.03:092 of the Anaheim Municipal Code. 9. That approval of this application constitutes approval of the proposed request only to the extent that if complies with the Anaheim Municipal Zoning Code. and any other applicable City, State an;t 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 ATTACHMENT -ITEM N0. 3 PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAVER OF CODE SECTION: PERTAINING TO: SECTION 4 B-ZI_ Dlo3. oto _ separate statement is required for each Code waiver) 1111tR'[=D ~2c~~1T ~IA2o Sections 18.03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver maybe granted by [he Zoning Administrator or Planning Commission, the following shall be shown: 1. Tha[ there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. Tha[, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer each of the following questions regarding the properly for which a variance is sought, fully and as completely as possible. If you need additional space, you may attach additional pages. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundings? X Yes _ No. If your aztsver is "1'es;; describe the special circumstances: t_irlcocu MuS"C 6E 2s FEr'( uFac aF "I?lt Scs -{OWERS . , 2. Are the special circumstances that apply to the property different from other properties in the vicinity which are in the same zone as your property? ~C Yes _ No If your answer is "yes," describe how the property is different: TNEt2e A&E No SeE 'Ftaau'crES oa o'S' ~¢.. RoFER'S1E5 t~J TL3E ytuNrry S~1c>J A5 "1'}t15 oh1E_ Le the speciai circumstances applicable to the property depm~e it of privileges currently enjoyed by neighboring properties located within the same zone? X Yes _No If your answer if "yes," describe the special circumstances: "FNE 5~ p~mJlRfrJ SE'C;3Ack5 'Fne SgF~y 4.~D FnnrJ ~ E.n1nw7CE. The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved which would have the effect of granting a special privilege not shared by other properly in the s ~l~t d zone whic not otherwis~exp~re"ssly authorized by zone regulations governing sabject property. Use varia ~ are r~t pe ed. Signature of Properq~ Owner or Authorized Agent "; Er ' ` r ~ ZCidllt~ ~;i So~7FtE;rJ Cl~~iwfnliA LDISCr~ `'~' DIVI~rr.,~ ~: C .. TNARIANCENO:~ "" `_-: ; UfCEJ10ER 1?, 2000 ~4, t d ~ Lc ~ JAN 1 2 2008 CUP ~0. 200 8 1. ennnnnlecin~~ Were the special circumstances created by causes beyond the control of the property owner {or previous property owners)? _ Yes ~ No ATTACHIKENT -ITEM N0. 3 Date: November 25, 2003 Project: Anaheim Recreation Vehicle Storage Prepared for: Express Energy Services Inc. 5532 Woodruff Avenue #620 Lakewood, CA 90713 Contact: Don Rivers Phone: (562) 936-1968 Fax: (562) 936-1969 Prepared by: Guthrie Ishii Engineers Inc. Contact: W. Clifford Ishii, P.E. John Detrick PROJECT TIARRATIVE In order to respond to the Pre-File Interdepartmental Committee (IDC) comments, we have revised the initial pre-file submittal of this project to accommodate/answer the conclusive findings stated by the IOC. In the spirit of co-existence and community alliance, this RV storage project has, and will continue, to blend with the community and provide a welcomed asset to the neighborhood and its environment. It is under this pretense that we submit for approval the Anaheim RV storage project along Lincoln Avenue, subject to the approval of a conditional use permit. This Recreational vehicle (RV) storage project provides a community sensitive, visually pleasing usage of this Southern California Edison property, that limits its development due to the high voltage lines and structures throughout the site. 5300 Orange Avenue Suite 221 Cypress, C.4 90630 Phone (714) 236-0492 Fax (714) 236-0496 CUP N0. 2003 - p 4 8 2 6 In response to the IOC staff comments relative to the code requirements to allow Recreational Vehicle storage via a conditional use permit, please find the ` following respective narratives. CODE PERMITS RECREATIONAL VEHICLE STORAGE, BY CONDITIONAL USE PERMIT UNDER THE FOLLOWING CONDITIONS: i -Use is integrated into a single development having a minimum overall sife area of 5 acres. Response: This project consists of 2 pieces of property that total up to 6.3 acres (4.3 acres on the north side of Lincoln Avenue and 2.0 acres on the south side of Lincoln Avenue). ii -The site is located on irregularly shaped property, which maybe constrained by accessibility, visibility, or easements that may not be suitable for conventional type of development. Response: The property involved in this project does not lend itself to conventional types of future development due to the Southern California Edison high voltage lines and structures that coincide with the property. The existing nursery usage has proven to not be an economical development for this site. Although, there is access to these two pieces of property off of West Lincoln Avenue and Yale, the high voltage lines and structures makes this property best suited for non-residential usage. iii- Is not adjacent to any residential zone, or is shown to be sufficiently buffered from such zone. Response: The property involved in this project bordered by commercial retail and residential zones (medium density and low density) which are buffered from the proposed use by means of an 8 foot high masonry wall around the entire site, except adjacent to the existing flood control channel where there is chain link fencing.' At the location where there are 2 story apartments, an additional buffer of 15' tall hedge type landscaping shall be planted screening the apartments view of the RV Storage facility. iv.- Is screened from the public right-of-way. Response: The property involved in this project shall be screened from the public right-of-ways with an 8 foot high masonry wall, and sculptured (art element) landscaping along West Lincoln Avenue, and an 8 foot high masonry wall with a blend of trees, bushes, and ground cover compatible with the current landscaping of the neighborhood adjacent to Yale Avenue. Date Prepazed: November 25, 2003 Project: Anaheim Recreation Vehicle Storage Paee 1 CUP N0. 2003 - 0 ~ E 1 6 V.-The use is compatible with surrounding land uses. Response: This project, in an attempt to be a compatible member of the- surrounding neighborhood has incorporated complementing "ART ELEMENTS" to enhance the Lincoln Avenue environment creating a focal point along the overall corridor master plan. The components will both screen the proposed RV Storage use and attract the viewers' attention away from the existing Edison facilities. Also the gate along Yale Avenue, necessary for emergency access, shall be locked. Recreational Vehicle access shall only be from Lincoln Avenue. In order to inform the community of this project, to get them involved in its design and development, and explain this integration, we have had three informative meetings with the community. We met with Ester Walls and two of the West Anaheim Neighborhood (WAND) Executive Board members in September of this year and then again with the Executive Board on October 1~. In both meetings, we went over the design theme and layout of the project along with the public art feature proposed along Lincoln. We also presented the project and its environmental design to the community at the general WAND meeting on 10/8/03. All three of these meetings resulted in a positive reaction from the community per the incorporation of this project into the neighborhood as well as complementing the overall Corridor Master Plan of the area. Date Prepared: November 25, 2003 Project: Anaheim Recreation Vehicle Storaee Page 2 CUP ~0. [UC3 - 0 4 8 ] 6 ITEM N0. 4 ~ I I I I I I I I) DEVOY DR RS-7200 1 DU EA. ~ ® RS-7200 ~- . -~ 1 DU EA. LYNROSE DR o 0 ~ ~ RS-7200 RS-7200 p o~ 1 DU EA. 1 DU EA. a "~ ~ RS-A-43,000 DALE JUNIOR p ~ R~(Ap 3~g060 o ~, HIGH SCHOOL RS-7200 1 DU EA. ~ ~ UROH7 "~. ~ ~ CH m ELM LAWN DR ~ Q W ~.. ~ ~~ RS-A-43 000 ' Z ~ ® RS-7200 _ `, T-CUP2003 04824 *;, W 1 DU EA. ~ ~ ~ CUP2002-04601 ~ CUP 3796 Q r > VACANT RM-1200 r W 87-88-12 ~; '~ ~ ' "_ J ~ ~ RCL 86-87-20 Q RM-1200 RM-~20o RM-izon t s ~ RCL SO-61-02 ~ %~ CL ~ VAR 3697 o VAR 3627 a eo-ei-7B ac~s~9aes ~ '~T RCLM475 39 APARTMENTS vAR ieao vaa 4osi ~... RCL 7475-06 ~N APTS. APARTMENTS 1200 APTS. APrs. 12 ou iz vu p~~ ~~! CUP 2419 RCL 7G77-i -"~tO 106 DU 1900 's %',=tt-`r;..~=v CUP 2055 n cuP Iasi U$a ~;~~: SHOPPING CENTER `~~ cuPies ~~ .. ~ ~'' ,';.:~3. I REST, R, 107' 328' BALL ROAD ~ I - - L RM-1200 RM-1200 RCL 60E1~6 RCUP75R8 RCL 64 cso2 RCL 64-65.118 CUP 2003-04777 CUP 5033 RCL 65-66-82 RCL 65-66-82 cuPZe93-cnB73 RCL 64.65-02 vaa 2aiss CUP 980 CUP2B8 CUP 805 RCL 62-63-126 CUP 420 VAR 898 S CUP 2457 vAa »n s CUP 2255 101 OU CUP 805 PCN 98-02 CUP 360 (VAR 7819) VACANT VAR 1700 CUP 433 (CUP 315) S6.8 MINI-MART SHOPS BO DU (CUP 202) RcL ~-e7-BB REST. i s COMM. CENTER vArnVE3°'rs Rc~e ane ftCL 81~~ RM-1200 RS-7200 c~uaie~m RCL 77-78-27 1 DU EACH vna iro9 RCL 64b5-118 ucuoA STORE RCL 64115-02 F VAR 1700 RC 0_ APARTMENTS O ADJ Ono RM-7200 ~ VAR 4299 RCL 77.78-27 APARTMENTS Conditional Use Permit No. 3796 ~~ ~ Subject Property TRACKING NO. CUP2003-04824 Date: February 9, 2004 Scale: 1" = 200' Requested By: ORANGE COUNTY BUDDHIST CHURCH Q.S. No. 14 REQUEST TO CONSTRUCT A NEW ACCESSORY PARKING LOT AT 2823 WEST BALL ROAD, CONTIGUOUS TO AND FOR AN EXISTING BUDDHIST TEMPLE WITH WAIVERS OF: (A) MINIMUM LANDSCAPE SETBACK ADJACENT TO AN ARTERIAL HIGHWAY (B) MAXIMUM FENCE HEIGHT 2823 West Ball Road 1159(zoo4z~tl TTEN N0. 4 Staff Report to the Planning Commission February 9; 2004 Item No. 4 4a. CEQA NEGATIVEbECLARATION (Motion):,. 4b. WAIVER OF CODE REQUIREMENT ` (Motion); 4c. CONDITIONAL USE PERMIT N03796 (Resolution) (TRACKING NO: CUP2003-04824) - `SITE LOCATION AND DESCRIPTION: (1) This rectangularly-shaped, 0.56-acre property has a frontage of 107 feet on the nortfi side of Balf Road, a maximum depth of 227 feet and is located 322 feet west of the centerline of bale Avenue (2823. West Ball Road). REQUEST: (2) Petitioner requests approval of an amendment to Conditional Use Permit No. 3796, under authority of Code Section No718.21.050:110, to construct a new accessory parking lot at 2823 West Ball Road, contiguous to and for an existing Buddhist temple with waiver of the `following: (a) SECTION 18.21.063.010 Minimum landscape setback adjacent to Ball Road (25 feet required; 10 feet proposed) ': (b) SECTION NOS. 18.21.064 and Maximum fence heioht (3-foot high 18.04.043.101 (a) fence permitted; 6-foot high wrought iron fence proposed adjacent to BallRoad) BACKGROUND: (3) This property is vacant and is zoned RS-A-43,000 (Residential/Agricultural). The City of Anaheim General Plan Land Use Element Map designates this;property fob Medium'.' Density Residential land uses and is located within the West Anaheim Commercial Corridors Redevelopment Project Area. (4) Surrounding General Plan land use designations are ss follows:': '', .Direction" : - . " <Genera4P.,lan)Dr~si"" nation , North LowDensi .Residential -: East General Commercial South (across Ball Road) General Commercial and Medium Density 'Residential 4 West Medium Densi .Residential PREVIOUS ZONING ACTIONS: (5) .The following zoning actions have occurred for this property: (a) Conditional Use Permit No 2067 (to expand an existing church) wasffapproved by the Planning Commission on;April 7, 1980. (b) Conditional Use' Permit No, 3796 (to construct a 2,752 square foot chapel and 634 square foot family waiting room in conjunction with an existing church with waiver of minimum setback of institutional uses adjacent o a residential zoneend minimum number of parking spaces) was approved by the Commission on November 27, 1995. sr8701 gk Page 1 Staff Report to the Planning Commission February 9, 2004 Item. No. 4 (c) Reclassification No. 2002-00067 (to reclassify the property from the RS-A-43,000 zone to the RM-1200 zone) was denied bythe City Council on May 7, 2002., following.( approvatby the Commission. - (d) Variance Ndi 2002-04460 (to waive maximum structural height [1 story permitted; 2-3 stories proposed] was denied by the City Council on May 7, 2002, following approval, ihpart, by the Commission. (e) Conditional Use Permit No. 2002-04601 (to'permit a 26-unit senior citizen's apartmeht complex with a density bonus with waiver of minimum building site area per dwelling unit, minimum building setback, maximum structural height adjacent to asingle-family residential zone and maximum density bonus) was approved in part by thee: Commission on October 7, 2002 This permit was never exercised and sfiould be terminated. '` DEVELOPMENT PROPOSAL: (6) This request is to expand a parking lot for patrons of the adjacent church (Buddhist Temple) located contiguous`to the northeast comer of the property at 909 Southbale Avenue: The site plan (Exhibit No. 1) indicates the 52-space parking lot would be constructed on a vacant lot and would'be accessed from the adjacent: church property and from Bail Road. The site plan shows the placement of two, ;12-foot high light standards in conformance withCode located at the north and south ends of the parking lot along the centeFrows of parking. (7) The landscape plan (Exhibit No. 2) indicates 14 new trees would be planted. Plahs show the proposed trees would consist of 6 crape myrtle trees (24-inch boxsize) and 4 fern pine'. trees (15 gallon) in the front landscaped setback along Ball`Road and within the required 15-footwide interior setbacks along the west and'north property lines.' The planalso shows 1 crape myrtle tree (24-inctrbox size) and 3 fem pine trees (15 gallon).: in the interior parking lot landscape areas: Groundcover would eonsist ofvinca minor, flowering shrubs,. ' bamboo, hedges and perenrtials. Plans also show clinging vines adjacent to the: interior side of the existing and new'masonry walls to discourage graffiti. Code requires a landscape setback of 25 feet adjacenfto Bali Road and 15 feet adjacent to the residentially-zoned; properties to the north and west. Code also requires 1 tree for every 20 feet of street frontage (5 trees) and a landscape planter with a tree separating every 10 parking spaces. (6) Plans show a new 8-foot high block wall along the west and: north property lines a new 6- foot higfi wrought iron fence setback 12 feet fromBall Road and the retention of an existing: block wall along the east property line.' Code allows a maximum 3-foot high fence height within the front yard setback: (The soutfierly 25 feet of the property). (9) ! Access to the accessory parking lot would be from the existing adjacent church parking lot which is accessed from Dale Avenue: Plans indicate one existing driveway and one proposed driveway on Ball Road for the new parking lot. The applicant has stated that the two driveways dh Ball Road'would be used for emergency ingress and egress only. During normal'church operations the proposed gate would be closed prohibiting access to the parking lot from these driveways. (10) The petitioner's letter of operation indicates that the adjacent church for which the parking lot is td be constructed currently holds one Sunday religious'service at 10 a.mr with approximately 200 congregahts. The'petitioner further states that the weekday(Monday, Page 2 Staff Report to the Planning: Commission February 9, 2004 Item No. 4 Wednesday, and Friday) usage is primarily Jimited to evenings for small groups (ranging in .size from`30 to 60 persons). Other activities include youth basketball ortSundays and weddings and funerals on an as-needed basis. ENVIRONMENTAL IMPACT ANALYSIS: (11) Staff has reviewed tha proposal and the Initial Study (a copy of which is available for7eview rn the Planning Department) and finds no significantenvironmental impactiand, therefore, recommends that a Negative Declaration tie approved upon a finding by the Planning Commission that the Negative beclaration`reFlects the independent judgment of the lead agency; and that it has considered the proposed Negative Declaration together with any . comments 7eceived 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 ttre ;project will: 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 aonforma with the. City's Growth Management Element adoptedby the City .Council on`March 17,:1992. Based on City(staff review of the proposed project, it has been determined hat this project does not fit within the scope necessary to require a Growth Management Elemehfanalysisj kherefore, no analysis has been'performed. EVALUATION: (13) Churches, including accessory parking, are. conditionally permitted uses inahe RS-A- '43,000 Zone. This request is to provide additional accessory parking on an adjacenE 7esidential' lot for the exclusive use of the church. No`new structures are proposed on the existing or expanded property. The parking for the existing church was previously :..approved as Code conforming under Conditicnal Use Permit Nos. 380, 2067 and 3796. The proposed expansion would add 52 additional spaces bringing the total number of spaces on both properties to 175. Currently, Code would require approximately 138> ;spaces for this church facility. (14) Waiver (a) pertains to the minimum landscape setback adjacent to an arterial highway. Code requires a minimum 25-foot wide front yard lahdscaped setback and 10 feet is` proposed. The church at 2885. West BaII Road (west. of the subject property) was granted a'setback waiver in conjunction with Conditional Use Permit No 1012 approved on March i 25, 1968. `Further, the intent of the RS-A-43,000 zone is for the development of single- ' family homes, agricultural uses'and to act as a "holding zone" until such time as the property is developed consistent'with the General Plan. In this case, applying the standards of the underlying zoning would not be appropriate for the development of the accessory parking lot,: In addition, the lot is constrained by residential uses on two sides `requiringlandscaped etbacks that limit the use of the lot; and therefore, staff supports the waiver of the required front yard'setback. ' (15) Waiver (b) pertains to' maximum fence height. CodeYestricts the maximum height of any fence, wall, hedge or berm to tfiirty-six: t36i inches within any required front yard setback 'area. Plans indicate a 6-foot. high wroughYron fence approximately 12 feet from the south `property line. Similar to the reasons identified for waiver (a) atiove, including applying the RS-A-43,000 zone standards to development of the accessory parking lot and setback constraints posed by the adjacent residential uses, staff recommends approval of the waiver. `Page 3 Staff.Report tb the Planning Commission February 9, 2004 Item No. 4 (16) The church has been operating at this location since the early 1960's The proposed parking lot would help alleviate any possible spillover parking on adjacent properties and streets' and if approved as recommended by staff, would result in a larger landscaped setback than currently exists. FINDINGS: (17) When practical difficulties or unnecessary hardships result from strictenforcement of the Zoning`Code, a modificatibn may be'granted for the purpose of assuring that no property, ! because of special circumstances applicable to it, shall be!deprived of privileges commonly enjoyed by other.`properties in the same vicinity and zone. The sole purpose of any code waiver is to prevent discrimination and none shall be approved which'. would have the effect of granting a special privilege not shared by other similar properties.:Therefore before any code waiver is granted by he Planning Commission, it shall be shown: (a) That there are special circumstances applicable to the property such assize, shape., !topography, locationor surroundings, which do not apply to other identically zoned' properties in the vicinity; and (b) That strict'application of the Zoning Code deprives the property of privileges enjoyed by other properties under iderttical zoning classification in the vicinity. (18)i Before the Planning Commission grants any conditional use permit, it must make a finding of fact that the evidence presented shows that ail: of the following conditions exist: (a) That the proposed use is properly one for Which a conditional use permit is authorized by the Zoning Code, or that said use is not listed therein as being a permitted use; (b) That the proposed use will not adversely affect the adjoining land uses and the growth and development of the'area in which it is proposed to be located;: (c) That the size and shape of the site for the'proposed use is adequate to allow the ful( 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 undenthe conditions imposed, if any, will not be'detrimental to the peace, health, safety and generalwelfare of he citizens ofthe City ofAnaheim. RECOMMENDATION: (19) ` Staff recommends!that unless additional or contrary information is received during the meeting; and based upon the evidence ubmitted to the Planning Commission,'hcluding the evidence presented in this staff report, and oral and written evidence presented at the public hearing that Planning Commission take the following actions: (a) By motion,'ao rove a CEQP, Negative Declaration. Page 4 'Staff Report to the f Planning Commission February 9, 2004 Item No. 4 (b) By motion aoorove waivers pertaining to (a) minimum landscape setback adjacent to an arterial fiighway antl (b) maximum fence height based on the following: (i) r That there are special circumstances which pertain to this property because development of this properly in accordance with the current zoning is not practical given the intent of the RS-A-43,000 zone as either a "holding zone" or fofthe development ofsingle-family residences and agricultural production. Since there are no existing single-family residences adjacent to the front of thisproperty, staff feels that applying;such standards would not be appropriate. (ii) That strict application of the Zoning Code deprives the property of privileges enjoyed by other propertiesunder identical zoning classification in the vicinity including he church'at 2885 West BaIlRoad that is identically zoned with a conditional use permit to establish a church with a setback waiver. (c) By resolution, approve amendment o Conditional Use Permit No. 3796 (Tracking No- CUP2003=04824) (to construct a new accessory parking lot aY2823 West Ball Road, contiguous to and for an existing Buddhist temple) based on'ahe following: (i) That this use (the accessory parkinglot) is properly one for which a conditional use"permit is authorized (ii) That as conditioned and recommended by staffend in conformance with all Code. requirements, the size and shape of this site is adequate to allow the full development of the expanded parking lot in'a mannernot detrimental to this area nor to'the peace; health, safety and general welfare, nor the citizens of the City of Anaheim. (iii) ; That as conditioned herein,'!including limiting access to the'parking lot from Ball Road, the traffic generated by the: proposed; parking lot use will not impose an undue burden upon the streets and highways designed and improved to carry traffic ih the area. (iv) That as designed and conditioned herein, the proposed accessory parking lot would not adversely affect adjoining land uses. 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 THEAMENDMENT TO THIS'.PERMIT ISAPPROVED. 1. That the existing driveways on Dale Avenue that serve the primary church facility shall remain open during hours of operation; ahd that the driveways along Ball Road shall only be used for emergency access. 2. That the City Traffic and Transportation Manager shall have the authority to reduce the height of the proposed 6-foot walls to protect visual lines-of-sight where pedestrian and/or vehicular circulation intersect; Clinging,vines to eliminate graffiti opportunities shall be planted on maximum 5-foot centers, irrigated and maintained, adjacent to said walls. Said information shall be specifically r shown on plans submitted for building permits. 3. That plans shall be submitted'to the City,Traffic and Transportation Manager for his review and approval showing conformance with the current version of Ehgineering Standard. Plan Nos: 436, 'Page 5 Staff .Report to the Planning Commission February 9, 2004 Item. No. 4 601 .and 602 pertaining to parking standards and driveway locations. Subjectproperty shaft thereupon be developed'and maintained in cdnformance,with said plans. 4. That;appropriate reflective material shall be installed on the gates across the driveways'on Ball Road. Said information shall be specifically shown on plans submitted for review and approval of the Traffic and:Transportation Manager. 5. Tha f any tree planted on-site shall be replaced in a timely: manner in the event that it is removed, damaged, diseased and/or dead. 6. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, andkemoval df'graffiti within twenty-four (24) hours from time of occurrence. 7. That the landscape planters shall be permanently maintained with live and healthy plant materials. 8. That any proposed water backflow equipment shall be atiove ground, outside of the street setback'. area in a manner fully screened from all public treets. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults:: or outside of the street setback area in a manner fully screened from all pubiic'streets. !Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Inspector before submittal for builtljng permits. 9. That all requests for new water services or fire lines, as well as any modifications, relocations or abandonments of existing water services and fire lines sftall be coordinated through the Water Engineering Division of the Anaheim' Public Utilities Department. 10. That all existing water services and fire lines shall conform to current Water Services Standards Specifications. Any water'service and or fire line that does not meet current standards shall be upgraded if continued use'is necessary or abandoned if the existingservice is no longerheeded. 11. That the locations for future above-ground utility devices including, tiut not limited to, electrical transfprmers, water backflow devices, gas, communications and cable devices', etc., shall be shown on plans submitted for building permits. Plansshall 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 to the review and approval'of the appropriate. City departments. 12. That all parking lot lighting j3xtures shall be decorative and shall be down-lighted with a maximum heighF of twelve"(12) feet. Said lighting fixtures shall be directed away from adjacent residential property lines to protect the residential integrity of the area and shall be so-specified on the plans submitted for building permits. 13. That any required relocation of City electrical facility shall be at the developer's expense. 14. That the legal property owner shall provide the City of Anaheim with a public utility easement to be determined as electrical design is completed. 'Said easement shall be submitted to the City of Anaheim Electrical Engineering Division of the Public Utilities Department. 15. That plans submitted for building permits shall indicate a minimum of five 24-inch box sized trees io the landscape setback adjacent to Ball Road. 16. That since this project has landscaping area exceeding 2,500 squarefeet, a separate ircigation meter. shall beinstalled and comply with city Ordinance Noj 5349 and Chapter 10.19 of Anaheim Page 6 ' Staff Report to the Planning Commission February9, 2004 item No. 4 Municipal Code, Said information shall be specifically shown on plans submitted for' building permits. i 17. That the legal property owner shall submit an application and a $756 plan checking deposit for a i Subdivision Map Act Certificate. of Compliance to the Public Works Department, Development '' Service Division. A Certificate of Compliance or Conditional Certificate of Compliance shall be `' approved`by the City Engineer and recorded in the Office of the Orange County Recorder proper to the issuance of a building permit. 18. .That prior to issuance of a grading permit; the developer shall submit a Water Quality Management Plan (WQMP) specifically identifying the post construction best management practices that will be used on-site to cdntrol predictable pgllutants from storm waterrunoff. The WQMP'shall be submitted to the Public Works Department, Development Services Division for review and approval. 19. That the property owner shall submit a letter requesting termination of Conditional Use Permit No. 2002-04601 (to permit a 26-unit seniorcitizen's apartment complex with a density bonus with waiver ofminimum building site area per dwelling unit, minimum building setback, maximum `structural height adjacent to asingle-family residential zone and maximum density bonus) to the Zoning Division. 20. That prior Yo final building and zoning inspection, the applicanf shall: a. Demonstrate that all structural BMPs`described in the Project WOMP have been constructed and installed in'conformance with approved plans and specifications: b. Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the Project WQMP. c. Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite d. Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs: 21. That as required by the Police`Department, Community Services Division, a "No Trespassing'602 Q) P,C.".sign shall tie posted at the entrances of the parking lot and located in other appropriate places. 'Signs shalt be at least 2' x 1' in overall size; with white background and black 2" lettering. Said information shall be specifically shown on plans submitted for building permits: 22. That all entrances td parking areas shall tie posted with appropriate signs per 22658(a) C.V.C., to assist in removal ofvehiclesat the property owners/managers request. 'Said information shall be specifically shown on plans submitted for building permits. 23. `That an Emergency Listing Card; Form APD-281 sftall be filed with the Police Department, available at the Police Department frontbounter. 24. That subject property shall be developedsubstantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and whichplans are on file with the Planning Department marked Exhibit Nos. 1 and'2, and as conditioned herein. 25. That the accessory parking lot`activity shall not be used between the hours of 10 p.m. and 8 a.m. 26. That no outdoor special evenfactivities shall occur within this accessory parking lot. 27. That prior to issuance of a building permit, or prior to commencement of the activity authorized by this resolution; or within aperidd of one (1) year from the date of this resdlution, whichever occurs `Page 7 ' Staff Report to the Planning Commission February 9 .2004 Item: No. 4 first,;ConditiortNos. 2, 3, 4, 8, 11, 12, 14, 15, 16, 17, 18,:19, 21, 27iand 23, 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 Muhicipal Code. 28. Thati prior to final building: and zoning inspections or priorto commencement of the activity authorized by this resolution whichever occurs'first, Condition Nos. 10, 20, and 24, above-mentioned, shall be complied with. 29. Thafapproval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning,Code and: any otherapplicable City, State and Federal regulations. Approval does not include any action or findings as to compliance'or approval` of the request regarding any otherapplicable ordinance,'regulation or requirement. Page 13 ATTACHPIENT ~- ITEM N0. 4 PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WANER) REQUEST FOR WANER OF CODE SECTION: ~ ~' y~ ` ~ 103' (l ~ ~ PERTAINING TO: Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same Zone? ~/~S'es No is required for each Code waiver) SECTION 4 Sections 18.03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver maybe granted by the Zoning Administrator or Planning Commission, the following shall be shown: That there aze special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. That, because of such special circumstances, strict application of the zoning.code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Comrrussion to arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully and as completely as possible. If you need additional space, you may attach additional pages. 1. Are there special cijcurnstances that apply to the property in matters such as size, shape, topography, location or surroundings? _ Yes _ No. answer is "Yes," describe the ?S I ll}PI bSc~1-~ 2. Are [he special circumstances that apply to the property different from otherproperties in the vicinity which are in the same zone as your property? I~Yes _ No answer is "yes," describe how the property is different: ~ FITS ~ lam iDF~ lit- 'Tb l%~.IMIn]bTG~`~CR 3. 4. answer if "yes," describe [he special circumstances: B~nl _. Wtld.1~ ~~b~ Were the special circumstances created by causes beyond the control of the property owner (or previous property owners)? Wes _ No , >;srnr enr '7"lfar Lot~f'lowt IS £JCl~flal~l b~nl~ ~UI~R-Cdt.1~D ~rY The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved which would have the effect of granting a special privilege not shazed by other property in the same vicinity and zone wh his not oth rwise expressly authorized by zone regulations governing subject property. Use variances are not permitted. ~^ l~~to/63 Signa-T tore of Property caner or Authorized Agent Date CONDITIONAL USE PEILMITNARIANCE NO. DECEMBER 12, 2000 SUP td0. -3796--° ATTACH[fENT -ITEM N0. 4 PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: (~' ~' ~ ~ b ~'~' ~ ~ ~' D4-• ~~ I I~ (A separate statement is required for each Code waiver) PERTAINING TO: MAwMUM '~Il~r ~6~f-T Sections 18.03:040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver may be granted by the Zoning Administrator or Planning Commission, the following shall be shown: 1. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully and as completely as possible. If you need additional space, you may attach additional pages. 1. Are there special c~trcumstances that apply to the property in matters such as size, shape, topography, location or surroundings? _ Yes _ No. I~ If your answer is "Yes," describe the special circumstances: i ~~,1 IS ,Af1 ELI ~t °`~rt ~~~ ~iT is ~G~TeD To T~ cN~+~s' r~l~+rJGi ~ev_In~r Cam' ~r lit r.lr~Z (' t `.~.4y4}.. '~1J,Ly FdYL ~~{.?N~R'~/ ~9A7!' 2. Are the special circumstances th t apply to the property different from other properties in the vicinity which are in the same zone as your property? j~Yes _ No If your answer is "yes," describe how the pro~er~ is 3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? /Yes _No 4. EXPLAIN: rq~61~2r+ ~1 ~~ ~i(Tdt~"7A-(, r The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone whi h is not oth rwise expressly authorized by zone regulations governing subject property. Use variances are not permitted. ~y/mil a ~ $i~ tea ure of Property Owner or Authorized Agent Dale CONDITIONAL USE PEILMITNARIANCE NO. 3762SDECE~tBER 1?, 2000 Justifica[ion Waivcr, dot CUB idO. "' X93 -3796 i" Were the spe ial circumstances created by causes beyond the control of the property owner (or previous property owners)? Yes _ No / W , I d f I WI I m I t-I GL ~ ~ ~ I RCL 79-80-T9 ~ f I Q f CUP 3023 B ~ f CUP 2313 V a I SHOPPINGICENTER I 1 o ~I RAN GFTHORP e E AVEN ® m 6 UE ~ ANAHEIM CITY LIMITS SP 94-1 ~ ~ RCL 79-71-1511) ~ ~'' RCL 70.77-14 RM-1200 CUP 2167 RCL 69-70-64 VAR 4271 RCL 6B-70.18 OFFICE BLDG. D.A. 2 gp 94-1 VqR 2758 RCL 89-90-08 - CANNON VILLAGE ~. RCL BB47 B-59 APARTMENTS SP 941 F RCL 64-8504 196 OU NORTHEAST " '.INDUSTRIAL AREAS ;! RCL 65-06517 5P 94-7 ~. RCL 09-BO-08 I " Res. of Int. ML RCL 70-71-15 (1) ' RCL 87430-00 (. UP 2003-0469 ' RCL 70-71-i4 . RCL 86417-29 { CUP 3801 CUP 2001-04318 'RCL 65-06-25 (2) . m CUP 3253 ~. CUP 2}67 , RGL 65-fifi-17 CUP 3514 m f 'CUP Q VAR 4271 2OD3-04022 VAR 4188 CUP 3801 E' ~ CL RCL 75-76D2 OFF CE BLDG. 6,A, 2 VAR 4792 CUP 3414 (< VAR 4156 = RCL 69-70.64 CUP 3240 t SHOPPING CNTR. ~ RCL 69-70-18 CUP 2905 (ARCADE PERMIT CUP 3822 CUP 1586 ~,' NO. 7019 W) S CUP 2077 VAR 3892 O-q, 5 ' CUP 1934 GALAXY CINEMAS: Q B SP 94-i MOVIE THEATER .' D A CUP 17 S RCL 70.71-15 (i) . . 5 COMMERCIAL ~~ d' VAR 3877 VAR 27x3 RCL 70-T7-14 W CANYON VILLAGE CUP 2167 VAR 4271 0_ SHOPPING CENTER OFFICE BLDG. sP eat acvaa.a O.A 2 es.fiGss (Rm. ellnLm MLI CL 0.CL OSO4t) VAR4]fit RCLfiG]0.16 RCL fig-]684 VAR T<556 ~~ANN6 I RCL 65LGtT CIIP ]914 6A.5 I CUP ]184 275' ~ 300' v-o9n RESTAURPM LA PALMA AVENUE ~ --- --- r ~ CUP 3905 VV-3003 v~ie'si uf~ INRESTUT PCN 9601 VAR 2101 ~~ OA.S S.6.RAINI MKT. SP 94-1 I 8 CAR WASH RCL 70-77-15 1 SP 94-1 RCL 70-71-1q) RCL 7G7R16 OL C LCUP 2003-047fi5 0'`'BG~ ~ RCL 6&70.64 RCL 6! 043]5 (Ras of lnlmlta MLl RCL fi! T-CUP 2001- T-CUP 200394810 RCL 69-70.18 CUP CUP 4094 C1ry 2001.04465 RCL 65-66-17 VAR CUP 23R2 VAR: ALL PROPERTIES ARE IN THE SC (SCENIC CORRIDOR OVERLAY) ZONE RESTA Conditional Use Permit No. 2003-04822 Subject Property Date: February 9, 2004 Scale: Graphic Requested By: ARMAN AKARAKIAN Q.S. No. 184 REQUEST TO PERMIT AN ARCADE WITHIN AN EXISTING MOVIE THEATER. 5635 East La Palma Avenue -Cinema City Theatres »s~ ITEM N4. 5 Staff Report o the Planning Commission February 9,.2004 Item No. 5 5a. CEQA CATEGORICAL EXEMPTION -CLASS 1 (Motion) 5b. - CONDITIONAL USE PERMIT NO.2003-04822 (Resolution) 81TE LOCATION AND DESCRIPTION: _ (1) This irregularly-shaped, 5.6-acre property has a frontage of 275 feet on the north side of La Palma Avenue, a maximum depth of 888 feet and is located 300 feet west of the centerline of Imperial Highway (5635 East La Palma -Cinema Ciry Theatres) REQUEST: (2) The petitioner requests approval of a conditional use permit under authority of Code Section 18.1.:10.100.0520 to permit an amusement arcade within an existing movie theater. BACKGROUND: (3) This property is developed with a indoor theater complex, is zoned SP 94-1 (DA 5) (SC) (Northeast Area Specific Plan; Commerciaf;Area) (Scenic Corridor Overlay) and is designated for Generale Commercial land uses on the Anaheim General Plan Land Use Element Map. This property is also located within the Alpha (Northeast) Redevelopment Project Area: (4) Surrounding General Plan land uses designations areas follows: Direction General Plan Designation North r `Medium Density Residential East, South (across La General Commercial Palma Avenue) and West , PREVIOUS ZONING ACTIONS: (5) The following zoning actions pertain to this'property: (a) Conditional Use Permit No. 2905 (to permit a 40-foot high, 10-screen, indoor theater complex with waiver of minimum numtier of parking spaces;(757 requited; 526 proposed) was approved bythe Planning Commission on August 17, 1987, On February 13, 1989, the Planning Commission reviewed and'approved revised plans to permit a 55-foot high, 10-screen theater complex with roof-mounted equipment and waiver of minimum numberof parking'spaces. (b) Conditional Use Permit No. 3414 (to permit the expansion of amulti-screen indoor theater complex with roof-mounted equipment and to construct a 29-foot high parking structure with waiver of minimum numberof parking spaces and minimum landscaped setback adjacent to a railroad right-of-way) was approved by the Planning Commission on July 29, 199ti sr8697av .Page 1 Staff Report to the Planning Commission February 9, 2004 Item. No. 5 (c) Conditional Use Permit No. 3240 (to permit a church to use the theatre facility, with waiver of minimum number of parking spaces (862 required; 562!proposed) was approved by the Planning Commission on January 20;'.1990. (d) Variance No. 3892 (to waive the requirements pertaining to signs to construct a 242 square foot freestanding sign and two (2) 152 square foot roof signs) was approved by the Planning,Commission on January 16, 1989. .PROPOSAL (6) The proposed arcade would include fifteen (15) amusement devices located entirely within the existing movie theater complex. The submitted site plan (ExhibiENo. 1) indicates the property is currently developed with a 49,060 square foot theater complex and a 21,047 squarefoot parking structure. A partial floor piani (Exhibit Nd. 2) indicates the arcade devices would be located in the lobby of the theater complex near auditorium No: 12. (7) Vehicular access is provided by two existing driveways adjacent to La Palma Avenue. Thee. site plan indicates a total of705 parking spaces.: Gode requires a minimum of731 parking spaces'based 0,3 parking space per theater seaY(2350 seats) plus two (2) employee spaces"per screen (13 screens). The arcade devices would be located within the existing movie theater complex for the exclusive use of theater patrons and therefore, the required number. of parking spaces would not increase as'a result ofthis request, h ~' ~ F S^ / b~ /X S f jj !j ~ ~ f It f ~~ i Y G 49e~in ~J .3~-~y ~~~~i d~~ ~" ~ a F }f,~y .t ~~ 1 JY+ ;'2/G'v ~~~H='G~}r„y acA 4 4 ~ 4 S ~ $ ~} d ~~ ~~ .~'^~~Tµ~ 4 rr . ~~,k s ~, ~. ~ afff ;fie' ~~ a:%~ 'h'P~`.~'~~~, ~~..~~. E_,~~-+ ~' "" .. ~~r cis ,~ /' x'1 rv~ J. r ~ . ~ ., ~ ~. ` r` sf r ~ r LKe. ..r x, w ;y ~~ za ~~, ~ r _ ~ r,. ~; ~ tug C i ~ ~^c+,a~o,u v.,,- .= c ""r rs'e~- r t~'"' --.,~`•~F&..`.~.-'- i ~ ~ ^~~~~ f, Photograph of existing movie theater: (8) Sign plans were not submitted as part of this application. Any proposed signage must comply with Code requirements for the'SP 94-1 (DA 5) (SC)jZone unless a separate variance is applied for and granted bytne Commission. Code permits one (1) wall sign not to exceed 10 percent of the building elevation. The Code also permits a theater marquee sign (existing) subject to approval of a conditional use permit. Page 2 Staff Report to the Planning Commission .:February 9' 2004 'item No. 5! ``(9) The submitted letter ofbperation indicates the theater is currently open daily from 11.:30 "a.m. to midhight. The theater employs 6 to 8 staff members Monday through Thursday and 12 to 14 staff members Friday; Saturday and Sunday. The letter' further indicates the' proposed arcade would be located within the theateriobby and would only be accessible to customers who have purchased an admission ticket to view a movie. ENVIRONMENTAL IMPACTANALYSIS: (10) The Planning Director's authorized representative has determined that theproposed project falls within the definition of Categorical Exemptions,'Section 15301, Class.1 (Existings Facilities), as defined`ih the State CEQA (California Environmental Quality Act) Guidelines `and is, therefore, categorically exempt from the preparation of further environmental ' documentation. GROWTH MANAGEMENT ELEMENT ANALYSIS: (11) The proposed project has been reviewed by affected City departments to determine whether it conforms with the City's Growth Managemeht Element adopted,by the City', Council on March 17,::1992. Based on City tall review of the proposed project, it has been determined'thatthls project does: not fit within the scope necessary to require a Growth Management Elementianalysis; therefore, no analysis has been performed. EVALUATION: (12) Code permits an arcade in the SP 94-1 (DA 5) (SC) zone subject to approval of a conditional use permit: (13) Staff feels that the proposed arcade would not have a'negative impact on the surrounding ` ]and uses tiased on the fact that use of the arcade would only be available for patrons of the movie theater who have paidadmission and are waiting for their film to begin. The use js also compatible to the surrounding retaituses to the south and east. (14) Staff has recommended specific conditionsof approval pertaining to the operation ofthe arcade intended to preserve the peace, health, safetyand general welfare of the citizens of the City of Anaheim. These conditions are consistentwith those approvetl for the existing amusement arcade business located to the south across La Palma Avenue (Nickel, Nickel). As conditioned, staff feels that the proposed arcade is appropriate at thislocation. > (15) Staff inspections have confirmed that the properly is currently being properly maintained and that the landscaping installed along La Palma Avenue is in compliahce with Code. FINDINGS: (16) Before the Planning Commission grants any conditional use permit, it must make a finding of fact thatthe evidence presented shows that all of the following conditions exist: (a) That the proposed use is' properly one for which a conditional use permit is authorized by the Zoning Code, or that said use is not listed therein as being a permitted use; (b) That the proposed use will not adversely affect the adjoining land uses and the growth and developmehtof the area in which it is proposed to be located; Page 3 Staff Report to the Planning Commission February 9, 2004 Item No. 5 (c) That the size and shape of the site for the: proposeduse is adequate to allow the full development of the proposed'use in a manner not detrimentalto the particular area: nor to the peace, health, safety, and general welfare; (d) That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways' designed and improved to carry the traffic in the area; and (e) That the granting of the conditional use permit under the conditions imposed, if any,. will not be detrimental to the peace, health, safety and general welfare of the :citizens ofthe City of Anaheim.': RECOMMENDATION: (17) Staff recommends that, unless additional or contrary information is received during the meeting, and based upon the evidence submitted to the Commission,'including the evidence presented in this staff report; and oral and written evidence presentedat the public hearing, the Commission take tfte following actions: (a) By motion, determine that the project is Categorically Exempt under Section 15301, f Class 1 (Existing Facilities) ofthe CEQA Guidelines. (b) By resolution, a rove Conditional Use Permit No. 2003-p4822 (to permit an amusemeht arcade within an existing movie theater), basedron the folldwing: (i) That the proposed arcade is properly one for which a conditional use permit. is authorized by the Zoning Code and as conditioned fierein, complies with all the requirements set forth in the Zoning Code. (ii) That the proposed business as conditioned herein, would not adversely affect the atljoining land uses and the growth and development of the area in which it is'proposed to be located because the site is surrounded by other comme~ctal businesses. (iii) That the size and shape of the site for the arcade and movie theater is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area's peace, fiealth, safety, and general welfare. I (iv) That the granting of Conditional Use Permit No. 2003-04822, as conditioned herein, would not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. THE FOLLOWING CONDITIONS ARE SUBMITTED'BY VARIOUS CITYbEPARTMENTS ACTING AS AN INTERDEPARTMENTAL COMMITTEE AND ARE RECOMMENDED FOR ADOPTION BY THE PLANNING COMMISSION IN THE EVENT THAT'THIS'PERMITiSAPPROVED, '' 1, That window signage shall not be permitted. 2. That the hours of operation for the`arcade sftall be limited to 11:30 a.m. to midnight, daily, as stipulated. by the petitioner. 3. That the number of amusement devices shah not exceed fifteen (15). Page 4 Staff Report to the Planning Commission February 9;2004 Item No. 5 4. That no exterior vending machines or games shall be permitted, 5. That no :pool tables or billiards shall be allowed. 6. That no alcoholic beverages shall be sold or consumed on the premises. _ 7. That no minors shall be allowed on that portion of the premises containing the amusement devices without guardian supervision during normal school hours. 8. That no'new signage shall be added to the outside of the building advertising the availability bf arcade devices. 9. That the amusement device arcade shall at all times be accessory to the movie theater. 10. ' That the amusement devices shall be for the exclusive use of theater patrons. 11. That requests for special event permits authorizetl under Section 18.02.055 (Special Event. Permits-General) of the Anaheim Municipal Cdde shall be limited to a total of four (4) per year for the entire site. 12. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. 13. That any tree and/or landscaping planted on-site shall be replaced in a timely manner in the event that it' i5 removed damaged diseased'and/or dead. 14. That 4-foot high address numbers shall be displayed on theYoof in a contrasting color to the roof material. The numbers shah not be visible from the view of the street or adjacent properties. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approvals 1S. That a BurglarylRobbery Alarm permit application, Form APD-516 shall be completed and filed with the Policebepartmenk` 16. That an Emergency Listing Card, Form APD-281; shall be completed'and filed with the Police Department. 17. That subject property shall be developed and maintained substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file witty tfte Planning Department marked Exhibit Nos.1 and 2; and as conditioned herein. 18. ' That prior to the commencement of the activity or within one year from the date of this resolution, whichever occurs first, Condition Nos:;14, 15, 16 and 17 above-mentipned, 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. 19.' 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 orYequirement. Page 5 MEMORANDUM ATTACHMENT -ITEM N0. 5 Amy Vazquez From: Michele M.Invin Sent: Friday, January 30, 2004 11:35 AM To: Amy Vazquez Subject: Cinema City Theatres.doc ®e~ City of,4naheim POLICE DEPARTMENT DATE: September 25, 2003 TO: William Sell License Collector Page 1 of 2 FROM: Lieutenant Switzer Vice, Narcotics, Criminal Intelligence Bureau Commander SUBJECT: Application for an Amusement Devices Permit APPLICANT: Dan Akarakian Cinema City Theatres 5635 East La Palma Avenue Anaheim, CA 92807 The Police Department received an application for an Arcade Permit from the above named individual. The Police Department recommends approval of this application and requests the permit be granted subject to the provisions of the Anaheim Municipal Code. Please contact Sergeant Lozeau at extension 1451 if you require further assistance:. 1 /30/2004 ITEM N0. 6 SANDALWOOD CT PALM LODGE MOBILE HOMES BELMONT CT RCL 6E ~ CL RCL fiE cm CUP 2003-04823 VAR m-`'' RCL 65-66-121 am RCl 65-66-64 RS-7200 -~ yv (RCL 65-66-65) 1 DU EACH ~~ SERVICE STATION LA PALMA AVENUE 1so~ r RS-7200 i f ?~ '~ ' j 1 DU EACH o ~` ry- ; ~ ~°~ CL CL '~' r ~ 'fez RC165-66-121 RCL 65-66-121 I gas r ' ~`''r ~~ ,~'~ ~- oe~~ RCL 65-fifi-64 RCL BS-66-64 I r ?; ;. s~. ~~ LIQUOR CUP 1504 I RS-7200 °`~ rc~' DELI. DAYCARE RS-7200 ~ 1 DU EACH AR 305 I j Rc~ ssaea CENTER RCLi65D-C6~6-64 NORTH REDWOOD DR ~ j ~ I RS-7200 1 DU EACH ~_ ~ Y RS-7200 I ~ RCL fib-66-64 ~ (n 1 DU ~ I I I SYCAMORE ST RS-A-43,p00 i I SUNKIST ELEMENTARY SCHOOL RS-7200! RCL 65-66-64 RS-7200 ~ 1 DU EACH ~~, RS-7200 1 DU EACH RS-A-43,00[ PARK Conditional Use Permit No. 2003-04823 ~~~ ~~ Subject Property Date: February 9, 2004 Scale: 1"= 200' Requested By: TOSCO CORP Q.S. No. 122 REQUEST TO REMODEL AND EXPAND AN EXISTING A SERVICE STATION WITH A CONVENIENCE MARKET AND ACCESSORY SELF-SERVE CARWASH WITH WAIVER OF STRUCTURAL SETBACK AND YARD REQUIREMENTS ABUTTING AN ARTERIAL HIGHWAY. 2530 East La Palma Avenue 11sz(2oo4-z-s) m N 11) f0 Q R S-720 0 - - J 1 U EA H t i ~ ITEM N0. 6 Staff Report to the Planning Commission February 9, 2004 Item No. 6 6a: CEQA CATEGORICAL EXEMPTION -CLASS 3 (Motion) 6ba,WAIVER OP CODE REQUIREMENT (Motion) 6c! CONDITIONAL'USE PERMIT NO. 2003-04823 (Resolution) SITE LOCATION AND DESCRIPTION: (1) This rectangularly-shaped, 0.48-acre property is located at the southeast corner of La Palma - Avenue and Sunkist Street, having;frontages of 150 feet on the south side of La Palma Avenue and 150 feet. on the east side of Sunkist Street (2530 East La Palma Avenue). REQUEST: (2) The petitioner. requests approval of a conditional use permit underauthority of Code Sections 18:44.050'.070 and 18:44:050:080 to remodel and expand an existing service station with a convenience'market and accessory self-serve car wash with waiver of: (a) SECTION NOS.`18.44.063.010 Minimum structural setback and yard reaui~emehtsabutting'anarterial highway (Minimum 10 feet fully landscaped'required; 5-10 feet existing and proposed adjacent to La Palma Avenue) :BACKGROUND: (3) This propertyjs developed with a vacant service station; and is zoned CL (Commercial,. Limited). The Anaheim General Plan Land Use Map designates this property for General Commercial"land uses. (4) Surrounding General Plan land use designations are as follows: Direction General Plan Desi nation North (across La Palma)' Low-Medium Densi ;Residential 'East tGeneral Commercial : sSouth Elements ' SchooCSite West across Sunkist Low Densi Residential (5) There are no prior zoning actions pertaining to this property. DEVELOPMENT PROPOSAL: (6) Petitioner proposes to remodel and expand an existing service station and convert existing automobile repair service bays to a 2,228 square-foot convenience market, and construct a 912 square-foot self-serve car wash. The convenience market would not include the retail sales of beer and wine/alcohol for off-premises consumption. ? (7) The site plan (Exhibit No. 1) indicates an existing service station building and canopy with two (2)"pump islapds (eighf(8) dispensers). The proposedimprovements for the new service station facility would include the conversion of existing automobile. repair service bays to a convenience;inarket (with an 837square-foot addition), construction of the carwash facility, a new trash enclosure, vacuum station, and art air/waterdispensing station. The petitioner is also proposing to refurbish the pump island canopy and remove three (3) planter areas to facilitate on-site improvements. Existing parking lot lighting would be removed and replaced with five (5) freestanding light standards. The parking area would also be refurbished and re- striped, with the closure of two (2) of the existing four (4) driveways serving the property. Sr5081jr Page 1 Staff Report to the Planning Commission February 9, 2004': i Item Nd. 6 (8) ;Submitted plans indicate the following convenience market, carwash, and canopy'setback characteristics: Direction Proposed .Existing Proposed ~~ C~otle Required Convenience- Canopy - Landscaping .Landscape Setbacks: Market! Carwa&h ~Sefbacks i Width .Setbacks North (adjacent 66 feet, 9 inches 10 feet 5-10 feet 10 feet, fully to La Palma ' landscaped (Avenue) West (adjacent 47 feet, 7 inches 66 feet 10 feet i 10 feet, fully to sunkrst street] landscaped South 37 feet, 6 inches 92 feet 5 feet `: None East 30 feet, 8 inches 43 feet 4' x 4' tree None: 'wells and 7 feet , 10 inches Note: Setbacks are measured from the ultimate right-of-way line'along La Palma Avenue and Sunkist Street (9) ;Vehicular access to4he property is proposed via one driveway on Sunkist Street and one drivewayon La Palma Avenue: Currently there are'four (4) driveways servicing the property, i two (2) of which would be removed. The property is also served with access via an existing private alley along the southerly property line. Theplans also indicate a'total of 12 parking y ;spaces on-site. Code requires a minimum of 12 spaces based on a ratio of 5.5 spaces per ,1,000 square feet of gross floor area fo[the servica'stationlcdhveniencemarket building. (10) The submitted floorplan for the 2,228 square foot convenience market and 912 square foot carwash (Exhibit Noi 2) indicates a retailsales area`, cashier area, walk-in cooler, mechanical room, office and storage areas, the carwash drive-through lane, and one restroom that is accessible from the interior of the building. (11) The landscape plan: (Exhibit No. 3) indicates a 10-foot wide landscaped setback adjacent to 'Sunkist Street and a 5-foot to 10-foot witje landscaped setback adjacehf to La Palma Avenue; with a total of eleven, 24-inch box Queen Palm trees (seven (7) along La Palma Avenue and`= 'four (4) along Sunkist Street). 'The plan also indicates a 5-foot wide planter adjacent to the 'south property line, including a total of siz (6) trees planted 10=18 feet on-center (24-inch box< Queen Palm trees). 'Seven (7) 4-foot by 4-foot tree wells, located 13 feet on center, planted `with 24-inch box Queen Palm frees, and a small planter area adjacent to the trash'enclosure' would be located along the easterly property line. Plans further indicate that landscaped 'planters and trellis planters (on the south `elevation) would be constructed adjacenf to the proposed convenlence market`and carwash buildings. Planter areas adjacent to the building i would vary from one'(1) to six (6) feet in width and contain a variety of 5-gallon bushes and shrubs. All landscaping along the perimeter of the site would include the;planting of 5-gallon :shrubs. Code requires a 10 foot wide landscaped setback along SunkistStreet and La Palma Avenue planted with'one tree for every twenty feet of street frontage for a total of 16 trees '(eight (6) along Sunkist Street and eight (S) along La Palma Avenue). Code further requires trees to be plantetl (minimum "size of 15 gallons) in 4x4 tree wells on a maximum of 20 foot `centers along any interior site boundary likes (south'and east):: Code also requires on site landscaping include'at least one (1) tree per three thousand (3,000) square feet of parking Page(2 Staff Report o the Planning Commission `February 9,:.2004 Item No. 6 area and/or vehicular accessways (15,712/3000 = 5 trees), with an average of forty-eight (48) square feet'of planter area provided per required tree and a minimum planter dimension of five (5) feet. (12) The elevation plans (Exhibit Nos. 4, 5, and 6), indicate a 17-foot, 6-inch high single story convenience market, with exterior building materials consisting of a stucco finish on each of the building'elevations' (Zepher Hill Havana Cream), and a red brick veneer treatment along the bottom 1.5-3 feet offfeach elevation. The storefront'(north elevation) would include clear glass aluminum windows and entryway doors. The drawings reflect the inclusion of a "mission tile? treatment to the convenience market and carwash'rbuilding. The north, south, and west elevations would include directional and advertising signage for tioth the car Wash and l conveniencemarket. Clear glass windows Would also tie included along the east elevation into the car wash facility. Additionally, therewould be an entrance into the mechanical room on the south'elevation'end an emergency entrance/exitfor employee use on he west elevation. The existing pump island canopy would remain and elevations indicate a mission the roofed structure to match the convenience market;: with two (2) pump islands. The support columns of the canopy would be ~efurbishedto include'a red brick veneer along the lower six (ti) feet of the columns and painted to match the convenience market/car wash building. No signage would be located on the canopy. Solar panels'for energy service to the service station would be located on tfte7oof of the canopy, and would be completely screened from the public rigfit-of--way. (13) The roof plan for the conveniencemarket (Exhibit No. 6) indicates roof access from the interior of the building, mechanical venting and four (4) foot high address numbers. (Solar panels would alsobe located on the roof.ct The petitioner has indicated that all roof equipment would be screened'from view from the public right-of-way. (14) Sign plans (Exhibit Nos: 4, 5, and 7) indicate: a monument sign and wall signage for various aspects of the service station/carwash operation. The' proposed monument sign would be 8 feet high, 10 feet wide and would Rave a sign area of approximately 65 square feet. The sign tiase would be constructed with a brick veneer to match the building. The petitioner did not submit information pertaining to the sign materials, color, or illumination. The petitioned has also indicated that no specific vendor for the`sales of gasoline has been identified for this site. Code permits a 10-foot Wide by 8-foot high 65 square foot double-faced monument sign and Wall signage of up to ten percent of each building elevation, Proposed wall signage is indicated in the table below: s+ Pro ose~ mall .k r~ --; , a, ~ ~ "" location ~ ~<~~ w sv 1 r v ~ Complies ~yvttN ~ Cotle ~ Stgnage ~ ~ ~' ~, ~ , ~~ -~ ~ ~ ~ ~x=„ :ak8 .. . ' w~f~'.I %a J : ....:w £2 . .}, i x.b>wY., p.. ~ a. ~ F r ., . . ,. . u -. One~(1) "Mini Mart" sign (4;5 Convenience MarketlCarwash - Yes ' s.€) North Elevation One (1) "Laser Car Wash".sign Convenience Matket/Car wash - Yes (8 s.fJ North Elevation One (1) "ExiC sign (4 s.f.), Convenience Market/Car wash - Yes North Elevation One (1) "Mini Marl" sign (4 s.f.) Convenience Market/Carwash - Yes ; West Elevation One (1) "Entrance" sign (4 s.f.) Convenience Market/Car wash - Yes South Elevation Note:.. No, signage. is proposed on the east elevation of the convemenca market or the canopy. (15) The petitioner has submitted a letter of operation stating the service station, convenience market, and car wash would be open 24 hours per day; 7 days a week. The facility would Page 3 Staff Report to the Planning Commission February 9; 2004 Item No. 6 portion adjacent tp the pump island canopy along La Palma Avenue, which would be 5 feet in 'width. The reduction is proposed to facilitate improved'on site vehicular access and circulation. The intentof this section, requiring a fully lahdscaped'setback abutting arterial highways, into enhance and soften the streetscape along major thoroughfares, as weH as improve the aesthetic quality of the City's commercial facilities. A survey of he three commercial properties o the east. of the property indicated that these adjacent properties have landscaped setbacks varying from'0-10 feet in width (only one property hasa full 10-foot wide landscaped setback). The Commission may wish to note that existing landscaping oh the property along La Palma Avenue varies froml5-10 feet in width. Additionally, the proposed on- site landscaping for this'project would meetthe intent of the Code.: by enhancing and softening the streetscape along La Palma Avenue and Sunkist Street, as well as improve the aesthetic quality of this`commercial facility. iDue to the existing location of the canopyand on-site traffic and circulation issues„the petitioner has reduced the lahdscaping to five (5) feet in witlth only along this portion of the La Palma Avenue frontage. Because the strict application of the Code deprives the`subject property of a'privilege enjoyed by two (2) of tfie three, (3) commercial properties to the east, and because of the constraints imposed by he location of the existing canopy andfhat the proposed landscaping js no less than what is'currently existing on-site (nonconforming), staff'recommends approval of the requested waiver. (20) Although the petitioner has responded to staffs concerns pertaining to landscaping and design throughout the preliminary review,process, and the proposal has tesulted in a design more consistent with the goals and stantlards of the community, there are still items of concern throughout the site where staff believes improvements can be made. Staff recommends the following enhancements be incorporated into: the project: + That all palm trees be a minimum 8-10 foot brown trunk height (BTH) in size. + Thatan additional five (5) 8-10 foot BTH Queen Palm trees be planted within he landscaped setback adjacent to La Palma Avenue and Sunkist Street (eight (8) trees along each frontage). • That the landscaped planter area proposed atfhe northeast corner of the property be extended soutfierly to the=first 4-foof by 4-foottree well • That a total of five trees and associated planter areas be installed within the parking areas as required by Code. Any trees proposed shall be evergreen and a minimum 24-inch box oF8-10 footBTH in size; + That the landscaped settiack areas along Sunkist Street and La Palma Avenue be constructed with a minimum 3-foot high berm. • Thatall shrubs be evenly distributed throughout all planting areas. • Thaf vines be planted on the trash enclosure to reduce graffiti opportunities. • Thatthe brick veneer treatment cap'be enlarged/enhanced on each building elevation andthe canopycolumns to provide depth and articulation to the structures. • That faux angular support brackets be installed on the support columns to enhance the design of the existing'canopy. ' • Thata final sign program be submitted for staff approval detailing size, materials and placement of ali signage. Commission should note that the petitioner Etas expressed a willingness to work with staff on achieving a high qualityproject by'addressing the design issues identified in this report. Therefore, staff has added conditions of approval to require final plan review and approval by staff. Page 5 Staff Report to the Planning Commission February 9, 2004'> Item No, 6 FINDINGS: (21) When practical difficulties or unnecessary hardships result from strict enforcement of the Zoning Code, a modification may be granted for the purpose of assuring that no property, because`of special. circumstances applicable to it,'shall be deprived ofprivileges commonly enjoyed 6y other properties in' he same icinity and zone. The sole purpose of any code waiver is to preventdiscrimination and none shall be approved which would have the effect of granting a special privilege not shared by other similar properties. Therefore, before any code i waiver is granted by the Planning Commission, iYshall be shown: ? (a) That there are special circumstances applicable to the property such assize, shape, topography, location or surroundings, whichdo not apply to other identically zoned properties in the vicinity; and (b) That strict application of the Zoning Code deprives the property of privileges enjoyed 6y other properties under'identicalzoning dlassificatidn in the vicinity. (22) Before the Planning' Commission grants any conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: (a) That the proposed use is properly one for which a conditional use permit isauthorized by the Zoning Code, or that said use is notlisted therein as being a permitted use; (b) That the proposed use will not adversely affect the adjoining land uses and he growth and development of the area in which it is proposed td be located; (c) That the size and shape of the site for the proposed use is adequate to allow the full development of the proposed use in a manner not detrimental to'the particular area nor to the peace, health, safety, and;general welfare; (d) That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and (e) That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfare of the'citizens df the .City of Anaheim. RECOMMENDATION: (23) ,Staff recommends that unless: additional or contrary information is received during the 'meeting, and based,upon the evidence submitted to the Planning Commission,ncluding the evidence presented in this staff report, and oral and written evidence presented afthe public'` hearing that the Commission take the following actions: (a) By motion, determine that the project is Categorically Exempt untler Section 15303, Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines. (b) By motion, approve theequested'waiverpartaining to minimum structural setback and yard requirements abutting an arterial highway (La Palma Avenue) based on the existing location of the canopy and on-site traffic and circulationlssues, the petitioner has reduced the landscaping to five (5) feet`ih width only along this portionrof La Palma Avenue, which is similar to the existing landscape setback; and because strict application of the Code deprives the subjectproperty'df a privilege enjoyed'by two (2); of the three (3) commercial properties to the east. Page 6 Staff Report to the Planning'Commission February 9,.:2004 item No. 6 (c) By resolution, aoArove Conditional Use Permit No. 2003-04823 (to remodel and expand - an existing service station with a convenience market arideccessory elf-serve car wash); based on the following: (i) That the proposed uses are properly ones for which a conditional use permit is authorized by the Zoning .Code. (ii) -That the'proposed'uses, subject to the conditions recommended herein; would not adversely affect the adjoining land uses and the growth and development of the area in which they are proposed tobe Iocated,'as the property was ! previously utilizedes a service station, and that the size and'shape of the site for the proposeduse is adequate to allow the full development of the proposed use in a'mannernot detrimental to the particular area nor to the peace; health, safety, end general'welfare. THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS AN INTERDEPARTMENTAL COMMITTEE AND ARE'RECOMMENDED FOR ADOPTION BY THE PLANNING COMMISSION IN'THE EVENT THAT CONDITIONAL USE PERMIT fJO 2003-04823'IS'APPROVED. 1. Thafthe parking lot of the premises shall be equipped with decorative lighting of sufficient power to illuminate and make easily discernible the. appearance and conduct of afl persons on or about the parking lot;; Lighting shall be directed, positioned and: shielded in such a manner so as not to unreasonably illuminate the window: area of nearby residences. Said information shall be specifically shown on plans submitted for building permits. 2. That the applicant shall be responsible for maintaining a litter free area adjacent to the premises over which he/she has control. 3, That there shall'be no video electronic, or coin-operated games, pool tables or other amusement ' devices maintained upon:. the premises at anytime. 4. That the hours of operation of the carwash facility shall be from 8 a.m. to 8 p.m., daily. 5. That any publid elephones proposed on-site shall be located inside the convenience market. 6. That ell trash shall be properly disposed of in trash bins contained within approved trash enclosures. The number of bins shall be adequate and the trash pick-up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property. The 1 Code Enforcement Division of the Planning Department shaA determine the need for additional bins'or additional pick-up' All costs for increasing the number of bins or frequency of pick-up shall be paid for by the business owner. 7. ThaGno storage, display or sales ofeny merchandise or fixtures shall be permitted outside the building. 8. That window signage shall not be permitted for the service station or convenience market, All fixtures, displays, merchandise and other materials shall be setback a minimum of three] (3) feet fromall window areas. 9. Thaf no seating or table areas for the service station/convenience market shall be provided for on-site food'consumptionc 10. That during business hour's of the service stationlconvenience market, separate men'sand women's rest~ooms shall be available to the public, and shall be properly supplied and Page 7 Staff Report to the Plann(ng Commission February 9, 2004.'. Item No. 6 maintained, Said facilities shall be specifically shown on the plans submitted for building" :.permits 1 L That, in conformance with Anaheim Municipal Code pertaining to removal of closed service .:stations, an unsubordinated agreement shall be recorded with the Office'of the Orange County Recorder agreeing to remove the serviceatation structures in the event that the'station inclosed for a period of twelve (12) consecutive months. A service station shall be considered closed _ iduring any month irfwhich it is;open for less than fifteen (15) days. A copy of the recorded agreemeht shall be ubmitted to the Zoning Division! 12. That no propane tanks shall bepermitted. 13. That a final landscape and irrigation plan for subject'property shall be submitted to the Zoning Division for review and approval reflecting the following modifications: That an additional five (5) 8-10 foot BTH Queen Palm trees shall be planted within the landscaped setback adjacent to La Palma Avenue and Sunkist Street (a total ofeight (6) trees. along eacfi frontage); That the landscaped planter area proposed at the northeast corner of the property shall be extended southerly to the first 4-foot by 4-foot tree well. That a',total of five trees and asspciated planterareas shall'be installed within the parking areas as required by Code.'. Any treen proposed!shall be evergreen and a minimum 24-inch box or t3-10 fooYBTH in size. That the landscaped setback areas along Sunkist Street and La Palma Avenue shall be constructed witll'a minimum 3-foot high berm. That shrubs shalt be evenly distributed throughout all planting areas. That vines shall be plantedbn the trash enclosure to reduce graffiti opportunities. 14. That all trees shall be properly and professionally maintained to ensure mature, healthy growth. 'and shall not be unreasonably trimmed. 15. That a comprehensive final sign plan shall be submitted to the Zoning Division for review and approval Any decision by the`Zoning Division regarding signage may be appealed to the Planning Commission as a Reports and Racommentlations'item. 16. That final elevation plans for the new construction/remodel shall be submitted to the Zoning Division for review and approval showing modified architectural enhancements incorporated into the project including he following: That the brick veneer treatment cap shall be enlarged/enhanced on each building elevation and the canppycolumns to provide depth and articulation to the structures. ® That faux angular supportbrackets dr a similar architectural device shall be installed on the support columns to enhance the design of the existing canopy. Any decision by the Zoning Division regarding the elevations may be appealed to the Planning Commission as a Reports and Recommendations item. 17. That 4-foot high address numbers shall be'displayed on the roof of the new convenience market building 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 shalt be specifically shown on plans submitted for building`permits. Page 8 Staff Report to the 'Planning Commission `' February 9; 2004 Item No. 6 18. Thatan irrevocable offer of dedication for an easement shall be submitted to the City of Anaheim fora corner cut-off at the La Palma Avenue and Sunkisf Street sidewalk access ramp in ` accordance with Publid Works Standard DetaiF 111-2. 19. That the proposed monument sign shall be located so as not to encroach into the proposed Irrevocable Offer of Dedication for fie easement at the'sidewalk access ramp.; Said information shall be specifically shown'. on plans submittedfior building: permits. '' 20. Thatahe petitioner shall prepare street improvement plans to construct a 5-footwide sidewalk and 5-foot wideparkwayalong the full length of the project's frontage along La Palma Avenue and a 5-foot wide sidewalk and B-foot wide parkway along SunkistStreet per Public Works Standard Detail 160. The sidewalk access ramp shall be reconstructed to be in compliance with Putilic Works' Standard betail 111-2 Plans sfiall be submitted to the Public Works Department, DevelopmenCServices Division for review and approval by the City Engineer and a bond shall be posted in a form approved. by the City Attorney prior to the approval'of the gratling plan.'The improvementsshall be constructedprior to final building and zoning inspection: ' 21. That'the car wash shall utilize a recycled water system.' Said system shall be noted'on plans submitted for building permits. 22. Thatahe applicant/owner shall Install parkway landscaping and irrigation between the sidewalk and curb along La Palma Avenue and Sunkist Streefper Public Works Standard Detail 160, and shall obtain a Right of W ay Construction Permit from the Development Services Division for all work performed in the right of way. A bond shall be posted in an amount approved by the City Engineer and a form approved by the City Attorney prior to approval of the grading plan. The improvements shall be constructed prior to final building and zoning inspection, 23. Thatahe legal property owner shall submit an application and a $756 plan checking deposit for a Subdivision Map Act Certificate of Compliance to the Public Works Department, Development Services Division. A Certificate of Compliance or Conditional Certificate of Compliance shall be approved by the City Engineer and recorded inthe Office'of the Orange County Recorder prior to the issuance'of a building permit.:'. 24. Thafno alcohol shall be available forsale in the convenience market.. 25. Thaf the car wash shall comply with'all state laws and local ordinances for Water Conservation Measures. Voluntary water conservation strategies shall`be encouraged. 26. That prior to the operation of this new business, a valid business license shall be obtained from the'City of Anaheim, Business License Division of the Finance Department. 27. That any required relocation of City electrical facilities shall be at the developer's expense. Landscape and/or handscape screening of all pad-mounted equipment shall be required and shall'be shown'on plans submittedfior building permits. 28. Thatahe locations far future above-ground utility devices including, but not limited to, electrical transformers; water backflow devices, gas, communications and cable devices, etc„ shall be shown on plans submitted for building permits: Plans shall also identify the specific screening treatments of each device (i.e. landscape screening, color of walls, materials] identifiers; access points, etc.) and shall be'subject to'the reviewand approval of the appropriate: City departments. 29. Thafall backflow equipment shall be located above ground outside of the street setback'area in a manner fully;screened from all public streets: Any backflow assemblies currently installed in a vault shall bebrought up to currentstandards Any other large water system'equipmentshail be Page 9 Staff Report to the Planning Commission February 9, 2004` Item No: 6 lhstalled to the satisfaction of the Water Engineering. Division in either undergroundVaults'or'" butside of the streeTsetback areas in a manner fulfy'screened .from all public streetsand alleys. :Said information shallbe shown on plans and approved by Water Engineering and.Cross 'Connection Control Inspector before submittal for building permits. 30. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department, Streets and'Sanitatiorr Division and in accordance with approved plans on' _ .file with said Department. Said'storage areas shallbe designed, locatedand screened so as not tb be readily identifiable from adjacent streets or highways. The walls of the storage,areas sfiatl be protectetl from graffiti opportunities byjhe use of plant materials such as minimum 1-gallon? size clinging vines plartted on maximum 3=foot centers or tall shrubbery. Said information shall be specificalty shown'on the plans submitted for building permits. 31. That a plan sheet for solid waste storage, collection and a plan for recycling shall be ubmitted to the Public Works Department, Streets and.Sanitation Division for review'and approval. 32. That the property shall be permanently maintained in`an orderly fashion by providing regular landscape maintenance, removal of trash br debris„and removal of graffiti within twenty-four (24) hours from time of occurrence. 33. That on-site trash truck turnaround shall be provided.': Said information shall be specifically shown on plans submitted for Public Works Department, Streets and Sanitation Division approval 34. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonment of existing water services and fire lines; shall be coordinated through Water Engineering', Division of the Anaheim Public Utilities'. Department: 35. That all existing water'services and fire lines shall conform to current Water Services Standards and Specifications. Any water service and/or fire line hat does not meet current standards shall be upgraded if continued use if necessary or abandoned if the existing service is no ldnger needed. The owner/developer shall be responsible for the costs to upgrade or abandon any waterservice or fire line. 36. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval in conformance with the current version of Engineering: Standard. Plan Nos: 436 and "601/602 pertaining to parking standards and driveway; location..: Subject property shall thereupon be developed and maintained in'conformance with said plans. 37. That the remaining driveways shall be constructed with ten (10) foot radius curb returns as .required by the City Engineer in conformance with Engineering Standard No. 137. Said information shall be specifically shown on the buildingpermits. 38, That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval in conformance with the current version of Engineering: Standard'Pian No.i 137 pertaining to sight distance visibility for the new monument sign' ocation. 39. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. 40. That the owrter/developer shall complete the Burglary/Robbery Alarm permit application, Form r APD 516. 41. That on-sitetandscaping including trees shall be maintained in a healthy condition. In the event. the landscaping become damaged, diseased or dies, it shall be replaced in a timely manner. Page 10 Staff Report to the Planning Commission February 9;2004 Item No. 6 42. Thafho outdoor vending machines visible off-site shall be permitted; 43. Thal the two driveways nearest the street intersection shall be removed and replaced with a curb;gutter, sidewalk and landscaping in conformance with engineering standard plans: ` ` 44. That landscape`containers shall be utilized at the ends of each of the pump islands. - 45. Thataubject property shall be developed substantially in accordance with plans and specifications submitted to the Cityof Anaheim: by the petitioner and which plans are on file with the Planning Dapartment marked Exhibit Nos. Y through 7, and as cdnditioned herein. 46. Thatprior to issuance of a building permit, or within a period of one (1 }year from the date of this resolution, whichever occurs first; Condition Nos. 1, 10; 11, 13,.15; 16, 17; 18, 19, 20; 21, 23, 25, 27; 28, 29, 30;31, 33, 36,.`37, 38; 40 and 43, 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 Cade. 47. That prior to final building and zoning inspections, Condition No. 26; 35, 44 and 45, above-mentioned, shall be complied with. 48. That approval of this application constitutes approval of the proposed request only to the extent tfiat 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 to compliance or approval of the request regarding any other applicableordinance, ~agulation or requirement. l Page 11 ATTACHPIENT -ITEM N0. 6 PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAVER OF CODE SECTION: ,~(,3, D/d SECTION 4 (A s`epazate statement is required for each Code waiver) PERTAININGTO: I~IA~tTe~ 1?eMos'Aa- AS sNowrJ t*t Stje 7t.na SHr~rt pl.t Sections 18.03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver may be granted by the Zoning Administrator or Planning Commission, the following shall be shown: That there aze special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully and as completely as possible. If you need additional space, you may attach additional pages. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundings? ~ Yes ~ ~o. If your answer is "Yes," describe the special circumstances: Are the special circumstancest apply tQ~Ire property different from other properties in the vicinity which aze in the same zone as your property? C Yes ~ pa O If your answer is "yes," describe how the property is different: 3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? Yes ~No ff your answer if "yes," describe the special circumstances: 4. Were the special circurg~tances created by causes beyond the control of the property owner (or previous property owners)? ~ Yes ~ o 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 a effect of granting a special privilege not shazed by other property in the same vicinity and zone which is not otherwise a pre ly authorized by zone regulations governing subject property. Use variances are not permitted. i 12 ~ 03 Signature of Property Owner or Authorized Agent ate DECE618ER 12,?000 CONDITIONAL USE PERMITNARIANCE NO. CUP r~0. 200 - o c ~ 2 3 COOLIDGE AVENUE RS-7200 t OU EACH RS-7200 1 DU EACH MONROE AVENUE e RS-7200 i DU EACH ~ RS-7200 t DU EACH TYLER AVENUE --{ 63' ~® atD'--~ m ` ~ RS-7200 1 DU EACH ~ '~l. RS-7200 > VAR 2004-0459fi 1 DU RS-7200 1 DU EACH POLK AVENUE m RS-720D m 1 DU EACH ~ v cL cL m RCL 2001- 000 RCL 88-69-14 'wm <m R RM-3000 CUP 4066 0 ~ e~ ~ a 1 DU EAC CUP 3564 ~ CUP 3D77 N~ p" p> LA MIRAGE ~ CENTER i LINCOLN AVENUE LJ 11 r RS-A-43,000 RCL 63-64-35 (Res. of Inl. to RM-1200) CUP 1496 CUP 477 W 7 Z W Q z CH RCL 82-83-28 to x ~~.19 A R g cL76~as 0 CL cup3~ ~ 'u y{y ~ [~ RCL 66E]d8 VM 33535 ~~ ~Li ~,t } Rf, IP]VlIPi19 RCiL 691-7D-D Variance No. 2004-04596 Requested By: JESUS OCHOA REQUESTS WAIVER OF MAXIMUM FENCE HEIGHT ' Subject Property Date: February 9, 2004 Scale: 1" = 200' Q:S. No. 8 TO RETAIN A 6-FOOT HIGH FENCE WITHIN THE FRONT YARD SETBACK. 3126 West Tyler Avenue R r 0 11 e8 1 Staff Report to the Planning Commission February 9, 2004 Item No. 7 7a. CEQA CATEGORICAL EXEMPTION -CLASS 3 (Motion) 7b.'' VARIANCE NO 2004-04596 (Resolution) SITE LOCATION AND DESCRIPTION: (1) This rectangularly-shaped, 0.17-acre property has a frontage of 63 feet on the south side df Tyler ' Avenue, a maximum depth'of 115. feet and is located 410 feet west of the centerline of Grand Avenue (3126 West Tyler Avenue). REQUEST: (2) ' The petitioner requests waiver of the following to retain and permit ah existing 6-foot high fence within the required front yard setbadki SECTION NO. 18.04.043:101 Maximum fence heioht. (3 feet high permitted in the frontyard setback; 6 feet high existing and proposed) BACKGROUND: (3) This property is currently developed with asingle-family home, is zoned RS-7200 (Residehtial, Single-Family) and is designated for Low-Density Residential land uses on the Anaheim General Plan Land Use. Element Map. This property is also located within the West Anaheim Commercial Corridors Redeyelopmenf Project Area. (4) ' Surrounding General Plan land use designations are as follows: .Direction General Plan Designation All Directions Low Density Residential PROPOSAL:' (5) `. This request is the result of a Code Enforcement action where the fence was being constructed without Zoning pivision approval or abuilding permit. The site plan;(Exhibit No 1) indicates an existing, unpermitted fence along the'north (front) property line, facing Tyler Avenue. The plan also shows an existing house in the approximate center of the lot fronting on Tyler Avenue. (6) !, Submitted photographs and the elevation plan (Exhibit No 2) indicate the fence is constructed of 6- foot high block wall pilasters and decorative wrought iron panels. A 6-foot high sliding wrought iron gate and pedestrian access gate have been installed across the driveway. (7) The petitioner has submitted a letter of request indicating that the unpermitted fence was installed for security purposes to protect the children of the residence and to improve the look of the neighborhood. sr8702av Page 1 Staff Report to the Planning; Commissioh February 9'( 2004 'item No. 7' the applicant indicates the property is developed with asingle-family home,with ample space for leisure and recreation in the rear yard. Further, the existing fence gives the: impression of a high: barrier between the front yard'and the street. (15) The Public Works Department has reviewed this request and confirmed that the existing fence is currently located 4-feet within the public right-of-way atljacent to Tyler Avenue. This`right-of-way is - specifically reserved for public improvements such as`sidewalks'and landscaped parkways. Should the Planning Commission approve this request, the petitioner would be required to relocate the fence out of the public right-of-way. (16) Although there are two,(2) existing residences within the immediate neighborhood with 4-foot high front yard fences, these fences were most likely constructed prior to the Code requirement limiting the height df fences to a maximum of 3 feef within the required front yard setback. Because the': property does not have an applicable hardship due toshape, size or topography, staff recommends denial of this request. (17) Because of the existing height and location of the applicant's fence, the line of sight between pedestriansand vehicles maybe obstructed and maybe a cause far concern. Staffhas recommended a condition of approval requiring the applicant to obtain approval from: the City Traffic and Transportation Manager relating to this issue. ':FINDINGS: (16) When practical difficulties or unnecessary hardships result from strict enforcement of the Zoning' Code, a modification may be granted for the purpose of assuring hat no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zone. The sole purpose of any variance is to prevenk discrimination and none shall be approved which would have the effect of'granting a special privilege not shared by; other similar propertiesi Therefore, before any variance is granted by the Planning Commission; it shall be shdwn: (a) That!there are special circumstances applicable to the property such as size, shape, topography, location or surroundings, which do not apply, o other identically zoned properties in the vicinity; and (b) Thatstrict application of the Zoning Code deprives the property of privileges enjoyed by other properties under identical zoning classification in the vicinity. RECOMMENDATION: (19) Staff recommends that unless additional or contrary information is received during the'meeting, and based upon the evidence submitted to the Planning Commission;' including he evidence presented in this staff report, and oral and written evidence presented at the public hearing, that he Planning Commission'take the following actions: (a)' By motion, determine that the project is categorically exempt under Section 15303, Class 3 (New Construction or Conversioh of Small Structures) df the CEQA Guidelines. (b)' By resolution, derv Variance No. 2004-04596 (waiver of maximum fence height to'retain and permit as existing 6-foot high fence within the required front yard setback), based'on the i following:!.. Page 4 Staff Report to the Planning Commission February 9; 2004 Item tJo. 7 (i) Thaf there are no special circumstances applicable to the property pertaining to topography,location, and surroundings, which' do not apply to other identically zoned properties in the vicinity. (ii) That since no other front yard fence height variances have been granted within the vicinity: of the subject site, strict application df the Zoning Code would not deprive this property of privileges enjoyed by other properties underidentical zoning classification in the vicinity. '; (iii) That ample recreation/leisure area exists in the secured rear yard of this property. (iv) ThaEthe fence is currently located within the public right-of-way which is reserved for public improvements such as sidewalks and parkways. 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 THATSHIS VARIANCE IS APPROVED:! 1. That plans shall 6e submitted to the City Traffic and Transportation Manager for his review and approval in conformance with the Engineering Standard No 137 pertaining to sight distance visibility for the fence location: 2. That the appropriate building permits shall be obtained from the Building Division for the existing fence. 3. That the existing block wall adjacent to Tyler Avenue shalCbe relocated a minimum of four (4) feet to the south out of the public'right-of-way. Said information shall be specifically shown on plans submitted for Planning Department and Public Works Department review and approval, 4. 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 oh file with the Planning Department marked Exhibit.: Nos. 1 and 2, and as conditioned herein. 5. That within ninety (90) days from the date of this resolution; Condition Nos. 1, 2 3 and 4, above-mentioned, shalt be complied with. Extensions for further time to complete said conditionsmay be granted in accordance witfi Section 18'.03.090 of the Anaheim Municipal Code, 6. That approval of this application constitutes approval of the proposed request ohly to the extent that it complies witRthe Anafteim Municipal Zoning Code and any otherapplicable 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. 1 Page 5 ATTACHMENT -ITEM N0. 7 SECTION 4 PETITIONER'S STATEMENT OF 7USTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAVER OF CODE SECTION: PERTAINING TO: Sections 18.03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver may be granted by the Zoning Administrator or Planning Commission, the following shall be shown: That there aze special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully and as completely as possible. If you need additional space, you may attach additional pages. Are there specia~circumstances that apply to the property in matters such as size, shape, topography, location or surroundings? ~ Yes _ No. answer is "Yes," describe the special circumstances: 2. Are the special circumstances t a ly to the property different from other properties in the vicinity which aze in the same zone as your prope ~ o ~ __~_ '^ I If your answer is "yes," describe how the property is different: ~-~~ y ~ '' 'r 3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? Yes 7CNo If your answer if "yes," describe the special circumstances: 4. Were the special circumstances created by causes beyond the control of the property owner {or previous properly owners)? _ Yes J_ No EXPLAIN The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved which would have the effect of granting a special privilege not shazed by other property in the same vicinity and zone w~rich/f' ~no~t~otherwis/e~expressly~~aut~h~o~r~ize~d by zone regulations governing subject property. Use variances aze not permitted. Signa a of Property caner or Authorized Agent Date DECE~IBER 12, 2000 CONDITIONAL USE PERMITNARIANCE NO. '~~,P. N0. 2004 - 0 4 5 9 6