PC 2004/03/22CITY OF ANAHEIM
PLANNING COMMISSION AGENDA
MONDAY, MARCH 22, 2004
Council Chamber, City Hall
200 South Anaheim Boulevard, Anaheim, California
CHAIRPERSON:'JAMES `4(ANDEFZt31L~1-;LINHKtJ
COMMISSIONERS: GAIL~,4STIV1AT~i PE\UL~BOSTINICK`QAVID ROMERO,
JERRY O'CONNELL„~GE8IL,IA FLORE5~ ICELLYBUFFA
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CALL TO ORDER ~~,+ ~ "~F ~ = "~,~~. r'' y`:.
PLANNIPIC COfiA11AISS10N MORNING SESSION 11:UUxA;M.
• STAFF UPDATE'TQ`COMMISSION ON VARIOUS C QTY `';'+, ~^-~, .~5{
DEVEr®PMENTS'gND ISSUES (AS REQUESTED BY 1 ,`°,,'; r~ '• ?fi
• FE~ELIMINAR~ "PaL'AN°REVIEtN FOR; ITEMS ON T.13E.Tv1AReH 2?~,,,20P4 AGENDA
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RECESS TO AFTERNOON PUBLI~;HEi1RING'aS S$tON-'~~ y; ~~ ~~ ~ f ¢ ~ -"''~ i
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RECONVENE TO PUBLIG,HEARING.7 ,30 p.M,----~'-",, ,,, r r.,~~ w ~ r
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ADJOURNMENT
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'. H9DOCS\CLERICALWGENDAS/032204.DOC lannln commission anaheim.net
03-22-04
Page 1
RECONVENE TO PUBLIC HEARING AT 1:30 P.M.
PUBLIC COMMENTS:
. :. _.
This is an opportunity for members of the public to speak on any item under the jurisdiction of the
Anaheim City Planning Commission or public comments on agenda items with the exception of public
hearing items.
CONSENT CALENDAR:
Item 1-A through 1-D on the Consent Calendar will be acted on by one roll call vote. There will be no
separate discussion of these items prior to the time of the voting on the motion unless members of the
Planning Commission, staff or the public request the item to be discussed and/or removed from the
Consent Calendar for separate action.
1. REPORTS AMD RECOMMENDATIONS
A. (a)
(b)
Toura # 2, Attn: Mike Bdaiwi, 3972 Barranca Parkway, Irvine, CA
92606, requests a retroactive extension of time to comply with
conditions of approval for apreviously-approved 16-unit attached
residential condominium subdivision. Property is located at 1597 West
Katella Avenue.
B. (a)
Elisa Stipkovich, Anaheim Redevelopment Agency, 201 South
Anaheim Boulevard, Suite 1003, Anaheim, CA 92805, requests
determination of conformance with the Anaheim General Plan for the
proposed merger of six redevelopment project areas into one and
amend the language of the Alpha Redevelopment Plan.
Continued from the March 8, 2004 Planning Commission Meeting.
RESOLUTION NO.
C, (a)
D. Receiving and approving the Minutes from the Planning Commission
Meetings of March 8, 2004. (Motion)
Project Planner:
Charity Wagner
(cwaoner(o anaheim.net)
sr1145cw.doc
Q. S. 57
Project Planner:
David See
(dsee(la anaheim.net)
sr2150ds.doc
Project Planner:
Joseph Wright
(iwri a h t(~ a n a h e i m. n et)
sr8717jw.doc
Q. S. 145
03-22-04
Page 2
Neil Jessen, County of Orange, 1300 South Grand Avenue, Building
A, Santa Ana, CA 92705, requests determination of conformance with
the Anaheim General Pian for the proposed licensing of an
approximately 200 square foot area of parking lot for use by a lunch
truck during normal County Business Hours. Property is located at
3320 East La Palma Avenue.
PUBLIC HEARING ITEMS:
2a. CEOA NEGATIVE DECLARATION (PREVIOUSLY-APPROVE
2b. CONDITIONAL USE PERMIT NO. 3420
(TRACKING NO. CUP2004-04829) "°
2c. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO.
2004-00014
OWNER: Dong S. Park, 1523 West Katella Avenue, Anaheim,
CA 92802
AGENT: Isabel Garcia, La Estrella Restaurant/Market, 718 South
Philadelphia Street, Anaheim, CA 92805
LOCATION: 1523 West Katella Avenue. Property is approximately
0.56 acres, located at the northeast corner of Katella
Avenue and Bayless Street (La Estrella Market).
Conditional Use Permit No. 3420 (Tracking No. CUP2004-04829) -
Request to amend or delete conditions of approval for an existing
convenience market and take-out restaurant to permit retail sales of beer
and wine for both on and off-premises consumption.
Determination Of Public Convenience Or Necessity No. 2004-00014 -
Request to permit retail sales of beer and wine for off-premises
consumption within an existing convenience market. Project Planner:
John Ramirez
CONDITIONAL USE PERMIT RESOLUTION NO. (ioramrezt7a anaheim.net)
DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY sr5085jr.doc
RESOLUTION NO. Q.S. 57
3a. CEQA NEGATIVE DECLARATION
3b. VARIANCE N0.2004-04600
3c. TENTATIVE TRACT MAP NO. 16632
3d. SPECIMEN TREE REMOVAL NO. 2004-00001
OWNER: Laxmi Waohwani, Shivan Invest LLC, 12621 Western
Avenue, Garden Grove, CA 92841
AGENT: Chris West, 16811 Greenview, Huntington Beach, CA
92649
LOCATION: 375 South Mohler Drive. Property is approximately 5.4
acres, having a frontage of 679 feet on the west and the
southwest side of Mohler Drive, located 50 feet southeast
of the centerline of Owens Drive.
Variance No. 2004-04600 -Request waivers of: (a) minimum lot width,
and (b) minimum front yard setback to construct seven (7) single-family
homes.
Tentative Tract Map No. 16632 -Request to establish a 10-lot, 7-unit
detached single-family subdivision.
Project Planner:
Specimen Tree Removal No. 2004-00001 -Request to remove fifteen Amy Vazquez
ecimen trees
(15) s (avazquez(a)anaheim.net)
p
.
VARIANCE RESOLUTION NO. sr8715av.doc
Q.S. 208
03-22-04
Page 3
4a. CEQA CATEGORICAL EXEMPTION -CLASS 1
4b. CONDITIONAL USE PERMIT NO. 2004-04832
OWNER: Marites Tess Villanueva, Tess Loving Home, 2785 East --
Diana Avenue, Anaheim, CA 92806
LOCATION: 2785 East Diana Avenue. Property is approximately 0.22-
acre, having a frontage of 60 feet on the north side of Diana
Avenue, located 100 feet west of the centerline of Rio Vista
Street (Tess Loving Home).
Project Planner.
Request to permit a residential group care facility for up to 16 elderly Charity Wagner
residents. (cwacner@anaheim.net)
CONDITIONAL USE PERMIT RESOLUTION NO. sr1146cw.doc
Q.S. 124
5a. CEQA CATEGORICAL EXEMPTION -CLASS 1
5b. CONDITIONAL USE PERMIT NO. 2004.04839
OWNER: Daniel Rodriguez, 184 South Linhaven Circle, Anaheim, CA
92804
AGENT: Lucille Kring, 1619 West Lorane Way, Anaheim, CA 92802
LOCATION: 862 South Harbor Boulevard. Property is approximately
0.13-acre, having a frontage of 61 feet on the east side of
Harbor Boulevard, located 210 feet north of the centerline
of Hampshire Avenue. Project Planner:
John Ramirez
Request to establish an automobile rental agency (ioramirez(o~anaheim.net)
.
CONDITIONAL USE PERMIT RESOLUTION NO. sr5084jr.doc
Q.S. 74
03-22-04
Page 4
6a. CEQA NEGATIVE DECLARATION
6b. GENERAL PLAN AMENDMENT NO. 2004-00417
8c. RECLASSIFICATION NO. 2004-00115
6d. CONDITIONAL USE PERMIT NO. 2004-04831
6e. TENTATIVE TRACT MAP NO. 16650
OWNER: Kurt Slingsby, Stonybrook LLC, P.O. Box 4304, Carson, CA
90749
AGENT: John Ward, Stonybrook LLC, P.O. Box 4304, Carson, CA
90749
LOCATION: 736 South Beach Boulevard and 2966 West Stonvbrook
Drive. Property is approximately 0.64-acre, located at the
southeast corner of Beach Boulevard and Stonybrook
Drive.
General Plan Amendment No. 2004-00417 -Request to amend the
Land Use Element Map of the General Plan redesignating the property
from the General Commercial and Medium Density Residential land use
designations to the Low-Medium Density Residential designation.
Reclassification No. 2004-00115 -Request reclassification of the
property from the RS-A-43,000 (Residential/Agricultural) and RM-1200
(Residential, Multiple-Family) zones to the RM-3000 (Residential,
Multiple-Family) zone or less intense zone.
Conditional Use Permit No. 2004-04831 -Request to construct a 7-unit
detached one-family residential airspace condominium subdivision with
waivers of: (a) minimum structural setback adjacent to a local street, (b)
minimum structural setback adjacent to an interior lot line, (c) minimum
required recreational leisure area, and (d) minimum distance between
buildings.
Tentative Tract Map No. 16650 -Request to establish a 1-lot, 7-unit
detached residential airspace condominium subdivision.
GENERAL PLAN AMENDMENT RESOLUTION NO.
RECLASSIFICATION RESOLUTION NO.
CONDITIONAL USE PERMIT RESOLUTION NO.
Request for
continuance to
April 5, 2004
Project Planner.
Elaine Yambao
(evambao(c~ a nahe im.n et)
sr3064a_ey.doc
Q.S. 208
ADJOURN TO MONDAY, APRIL 5, 2004 AT 11:00 A.M. FOR
PRELIMINARY PLAN REVIEW.
03-22-04
Page 5
CERTIFICATION OF POSTING -
I hereby certify that a complete copy of this agenda was posted at:
Iv,.oO ~......
(TIME)
(DATE)
LOCATION: COUNCIL CHAMBER DISPLAY CASE AND
COUNCIL DISPLAY KIOSK
SIGNED:~~
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 Gity 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.
03-22-04
Page 6
SCI~E®9.D~E
2004
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
NOVEMBERI
NOVEMBER 15
NOVEMBER 29
DECEMBER 13
DECEMBER 27
03-22-04
Page 7
ITEM T'0. 1-A
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KATELLA AVENUE
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CUP 3685 UL W ESTATE
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o
CUP 3426 CUP 1139 o
Na Y
w
CUP 1892 CUP 1021 ^
m RS-7200
cUP 1621 VAR 2360 ~p 1 DU EACH
CUP 1139 EUCLID SHOPPING
CUP 921 CENTER
VAR 4266
VAR 3569
VAR 3126 6
VAR 3121 S
Conditionai Use Permit No. 2002-04635 ~r z~ Subject Property
TRACKING NO. CUP2004-04834 Date; March 22, 2004
Scale: 1"= 200'
Requested By: TOURA #2 Q.S. No. 57
TO PERMIT A RETROACTIVE EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL
FOR APREVIOUSLY-APPROVED 16-UNIT ATTACHED CONDOMINIUM SUBDIVISION.
1597 West Katella Avenue
1257
ATTAOHMENT - ITEM N0. 1-A
RESOLUTION NO. 'L003R-53
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT N0.2002-
04635, IN PART.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
with a waiver of certain provisions of the Anaheim Municipal Code
to permit a 16-unit attached residential condominium subdivision
in the RM-2400 (Residential, Multiple-Family) Zone upon certain
real property located within the City of Anaheim, County of
Orange, State of California, legally described as:
THE WEST 150.00 FEET OF LOT 7 IN BLOCK 17 OF
A SUBDIVISION OF THE .SOUTH HALF OF SECTION
21, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE
CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 1,
PAGE 33 OF MISCELLANEOUS RECORD MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THE NORTH 300.00 FEET THEREOF; and
WHEREAS, the City Planning Commission did hold a public
hearing upon said application at the City Hall in the City of
Anaheim, notices of which public hearing were duly given as
required by law and the provisions of Title 18, Chapter 18.03 of
the Anaheim Municipal Code; and
WHEREAS, said Commission, after due inspection,.
investigation and studies made by itself and in its behalf and
after due consideration of all evidence and reports offered at
said hearing, did adopt its Resolution No. PC2003-28 granting, in
part, Conditional Use Permit No. 2002-04635;.. and
WHEREAS, thereafter, within the time prescribed by law,
an interested party or the City Council, an its own motion,
caused the review of said Planning Commission action at a duly
noticed public hearing; and
WHEREAS, at the time and place fixed for said public
hearing, the City Council did duly hold and conduct such hearing
and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports; and
WHEREAS, the City Council finds, after careful
consideration of the recommendations of the City Planning
Commission and all evidence and reports offered at said hearing,
that:
The proposed use is properly one for which a
conditional use permit is authorized by the Anaheim Municipal
Code.
2. The proposed use will not adversely affect the
adjoining land uses and the growth and development of the area "in
which it is proposed to be located.
3. The size and shape of the site proposed for the use is
adequate to allow the full development of the proposed use in a
manner not detrimental to the particular area nor to the peace,
health, safety and general welfare.
4. The traffic generated by the proposed use will not
impose an undue burden upon the streets and highways designed and
improved to carry the traffic in the area.
5. The granting of the conditional use permit under the
conditions imposed will not be detrimental to the peace, health,
safety and general welfare of the citizens of the City of
Anaheim.
AND WHEREAS, the City Council does further find, after
careful consideration of the action of the City Planning
Commission and all evidence and reports offered at said public
hearing before the City Council regarding said requested
waiver(s), that all of the conditions set forth in Section
18.03.040 of the Anaheim Municipal Code are Aresent and that said
waiver(s) should be granted, for the following reasons:
1. That there are special circumstances applicable to the
property, including size, shape, topography, location or
surroundings, which do not apply to other property under
identical zoning classification in the vicinity.
2. That, because of special circumstances shown in (1)
above, strict application of the zoning code deprives the
property of privileges enjoyed by other property under identical
zoning classification in the vicinity.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that, for the reasons hereinabove stated,
Conditional Use Permit No. 2002-04635 be, and the same is hereby,
granted permitting 16-unit attached residential condominium
subdivision in the RM-2400 (Residential, Multiple-Family) Zone on
the hereinabove described real property with a waiver of the
following provisions of the Anaheim Municipal Code:
Section 18.32.062.012 - Maximum structural height
within 150 feet of a
single-family residential
zone.
- 2 -
(1-story attached dwellings
permitted within 150 feet of
RS-7200 zoning, provided that
if there is no visual
intrusion from the 2nd story,
2-story attached dwellings
permitted a minimum of 50 feet
from RS-7200 zoning;
2-stories proposed 30 feet
from RS-7200 zoning to the
west and 24 feet from RS-7200
zoning to the north)
Section 18.32.063.020.028 - Minimum landscaped setback
abutting single-family
residential development.
(20-foot wide fully landscaped
setback required along the
west and north property lines
abutting RS-7200 zoning;
none to 24 feet proposed
between a trash truck
turn-around and the north
property line)
subject to the following conditions:
1. That the developer shall plant twenty four (24) inch box
sized Liriodendron Tulipifera trees on forty (40) foot centers in
the parkway. The minimum width of parkway tree wells shall be
five (5) feet. The entire parkway shall be irrigated by a system
supplied by the development; and that said information shall be
shown on the plans submitted for building permits.
2. That gates shall not be installed across any driveway or
private street in a manner which may adversely affect vehicular
traffic in the adjacent public street. Installation of any gates
shall conform to Engineering Standard Plan No. 609; and that all
driveways on Katella Avenue shall be constructed with ten (10)
foot radius curb returns as required by City Engineering Standard
137. Said requirements shall be subject to the review and
approval of the City Traffic and Transportation Manager. Said
information shall be specifically shown on the plans submitted
for building permits.
3. That an on-site trash truck turn-around area shall be
provided in compliance with Engineering Standard Detail No. 610
and shall be maintained to the .satisfaction of the Public Works
Department, Streets and Sanitation Division. Said turn-around
area shall be specifically shown on the plans submitted for
- 3 -
building permits.. >-.
4. That the property owner/developer shall install street
lights on Katella Avenue and within the project, as required by
the Electrical Engineering Division of the Public Utilities
Department. A bond for the installation of the street lights
shall be posted with the City of Anaheim prior to issuance of
_ building permits. The street lights shall be installed prior to
occupancy.
5. That any required relocation of City electrical facilities
shall be at the developer's expense. Landscape and/or hardscape
screening of all pad-mounted equipment shall be required and
shall be shown on the plans submitted for building permits.
6. That the location(s) for 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 the plans submitted for building permits. Such
plans shall also identify the specific screening treatment of
each device (i.e., landscape screening, color of walls,
materials, identifiers, access points, etc.); and that said
screening treatment shall be subject to review and approval by
the appropriate City departments.
7. That all backflow equipment shall be located above ground
outside the street setback area in a manner fully screened from
all public streets. Any backflow assemblies currently installed
in a vault shall be brought up to current standards. Any other
large water system equipment shall be installed to the
satisfaction of the Water Engineering Division of the Public
Utilities Department in either underground vaults or outside the
street setback areas in a manner fully screened from all public
streets and alleys. Said information shall be shown on plans,
which shall be approved by the Water Engineering and Cross
Connection Control Inspector prior to submittal of plans for
building permits.
8. That because this project has landscaping areas exceeding
two thousand five hundred (2,500) square feet, a separate
irrigation meter shall be installed and shall comply with Chapter
10.19 (Landscape water Efficiency) of the Anaheim Municipal Code
and City Ordinance No. 5349. Said information shall be shown on
the plans submitted for building permits.
9. That trash storage area(s) shall be provided and maintained
in location(s) acceptable to the Public Works Department, Streets
and Sanitation Division, and in accordance with approved plans on
file with said Department. Said storage area(s) shall be
designed to be architecturally compatible with the design of the
residences, and shall be located and screened so as not to be
- 4 -
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. Said information shall be specifically shown on
the plans submitted for building permits for Planning Department
and Public Works Department, Streets and Sanitation Division,
review and approval.
10. That a plan sheet for solid waste storage and collection and
a plan for recycling shall be submitted to the Public Works
Department, Streets and Sanitation Division, for review and
approval.
11. That roll-up garage doors for each dwelling shall be shown
on the plans submitted for building permits. Said doors shall be
installed and maintained as shown on the approved plans.
12. That all air conditioning facilities and other
ground-mounted equipment shall be properly shielded from view and
the sound buffered from adjacent residential properties. Such
information shall be specifically shown on the plans submitted
for building permits.
13. That all plumbing or other similar pipes and fixtures
located on the exterior of a building shall be fully screened by
architectural devices and/or appropriate building materials.
Said information shall be specifically shown on the plans
submitted for building permits.
14. That the property shall be permanently maintained in an
orderly fashion through the provision of regular landscaping
maintenance, removal of trash or debris, and removal of graffiti
within twenty four (29) hours from time of occurrence.
15. That clothes washer and dryer hookups shall be incorporated
into each condominium dwelling unit and shall be shown on the
plans submitted for building permits.
16. That a final landscaping and irrigation plan for subject
property shall be submitted to the Zoning Division for review and
approval. Said landscaping plans .shall show minimum twenty four
(24) inch box sized trees, shrubs, groundcover and vines to be
planted in layers in common areas, and trees on maximum twenty
(20) foot centers along the north (exclusive of the turnaround)
and west property lines. A total of eight (8) trees shall also
be planted adjacent to Katella Avenue. Any decision made by the
Zoning Division regarding said landscaping and irrigation plan
may be .appealed to the Planning Commission and/or City Council.
All trees shall be properly and professionally maintained to
ensure mature and healthy growth.
- 5 -
17. That this Conditional Use Permit is granted subject to -- --
adoption of a zoning ordinance in connection with
Reclassification No. 2002-00085 and recordation of the Final
Tract Map No. 16465, now pending.
18. That prior to application for water meters, fire lines or
submittal of the water improvement plans for approval, the
developer/owner shall submit an estimate of the maximum fire flow
rate and maximum day and peak hour water demands for the project
to the Water Engineering Division of the Public Utilities
Department. This information will be used to determine the.
adequacy of the existing water system to provide the estimated
water demands. Any off-site water system improvements required
to serve the project shall occur in accordance with Rule No.
15A.6 of the Water Utility Rates, Rules and Regulations.
19. That all requests for new water services or fire lines, as
well as any modifications, relocations or abandonment of existing
water .services and/or fire lines, shall be coordinated through
the Water Engineering Division of the Public Utilities
Department.
20. That prior to rendering water service, water improvement
plans shall be submitted to the Water Engineering Division for
review and approval; and that a performance bond in the amount
approved by the City Engineer and approved City Attorney shall be
posted with the City of Anaheim.
21. That the streets, sanitary sewers and storm drains within
the development shall be privately maintained..
22. That final precise floor plans and final precise elevation
plans shall be submitted to the Zoning Division for review and
approval. The elevation plans shall show additional
architectural enhancements incorporated into the project. Any
decision by the Zoning Division may be appealed to the Planning
Commission as a 'Reports and Recommendations' item.
23. That subject property shall be developed substantially in
accordance with plans and specifications submitted to the City of
Anaheim by the petitioner and which plans are on file with the
Planning Department marked Revision No. 1 of Exhibit No. 1 and
Exhibit No. 2, and as conditioned herein.
24. That prior to issuance of a building permit or within a
period of one (1) year from the date of this resolution,
whichever occurs first, Condition Nos. 1, 2, 3, 4, S, 6, 7, 8, 9,
10, 11, 12, 13, 15, 16, 17, 18 and 22, above-mentioned, shall be
complied with. Extensions for further time to complete said
conditions may be granted in accordance with Section 18.03.090 of
the Anaheim Municipal Code.
- 6 -
25. That prior to final building and zoning inspections,
Condition No. 23, above?mentioned, shall be complied with.
26. That approval of this application constitutes approval of
the proposed request only to the extent that it complies with the
Anaheim Municipal Zoning Code and any other applicable City,
State and Federal regulations. Approval does not include any
action or findings as to compliance or approval of the request
regarding any other applicable ordinance, regulation or
requirement.
BE IT FURTHER RESOLVED that the City Council does
hereby find and determine that adoption of this Resolution is
expressly predicated upon applicant's compliance with each and
all of the conditions hereinabove set forth. Should any such
conditions, or any part thereof, be declared invalid or
unenforceable by the final judgment of any court of competent
jurisdiction, then this Resolution, and any approvals herein
contained, shall be deemed null and void.
THE FOREGOING RESOLUTION i approved d adopted by the
City Council of the City of Anahei is 18th of March, 2003.
MAYOR OF THE TY F ANAHEIM
ATTEST
CITY C~OF THE CITY OF ANAHEIM
aeeo~.i
_ 7 _
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 2003R-53 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 18th day of March, 2003, by the following vote of the
members thereof:
AYES: MAYOR/COUNCIL MEMBERS: Chavez, Hernandez, McCracken, Pringle, Tait
NOES: MAYOR/COUNCIL MEMBERS: None
ABSTAINED: MAYOR/COUNCILMEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
G. ^.~ U tie_r.C~L~i/
TY CLER OF THE CITY OF ANAHEIM
(SEAL)
ITEM N0. 1-B
1. West Anaheim Commercial Corridors
2. Anaheim Plaza
3. Commercial/Industrial (North Central Area)
4. Alpha (Downtown Area)
5. Commercial/Industrial (South Anaheim Blvd Area)
6. Anaheim Stadium
7. Alpha (Northeast Area)
8. River Valley
General Plan Conformity No. 2004-00033
Requested By: ANAHEIM REDEVELOPMENT AGENCY
~, , Subject Properties
~,
Date: March 08, 2004
Scale: Graphic
Q.S. No. NA
PLANNING COMMISSION REVIEW PERTAINING TO THE CONSOLIDATION OF SIX EXISTING
REDEVELOPMENT PROJECT AREAS INTO ONE PROPOSED PROJECT AREA.
Redevelopment Project Areas
A
D
1232
ITEM N0. 1-C
1
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General Plan Conformity No. 2004-00034 ~> ~ Subject Properly
Date: March 22, 2004
Scale: 1" = 200'
Requested ey: NEIL JESSEN, COUNTY OF ORANGE Q.S. No. 145
REQUEST TO DETERMINE CONFORMANCE WITH THE ANAHEIM GENERAL PLAN FOR THE
PROPOSED LICENSING OF AN APPROXIMATELY 200 SQUARE FOOT AREA OF PARKING LOT
FOR USE BY A LUNCH TRUCK DURING NORMAL COUNTY BUSINESS HOURS.
3320 E. La Palma Avenue tzss
03/16/2004 08:23 7147968300 CEO: REAL ESTATE PAGE 02/02
ATTACHMENT -ITEM N0. 1-C
COUNTY EXECUTFVE OFFICE
Real Estate
Tony Ferrulli,lLIanager
1300 S. Grand Ave., Bldg. A
Santa Ana, CA 92705
Tel: 714.567.7304
Fax: 714.796.380
February 23,2004
Mr. Ted White
Associate Planner
City of Anaheim
200 S. Anaheim Blvd.
Anaheim, CA 92805
YrojectNante: SSA Lunch Truck RPP
RE: GENERAL PLAN CUNiPL1APICE
Dear Mr. White:
The County of Orange proposes to enter into a license ageement for the use of an approximately 200 square
foot section of parking lot at our Social Services Agency Anaheim Regional Center location at 3320 E. La
Palma Avenue. The space will be licensed for use by aself-contained Lunch Truck which will provide food
services to county employees and the general public during normal County hours of operation.
Please review this proposal in accordance with Government Code Section 65402 to determine if the use
conforms to the City of Anaheim General Plan. To simplify processing, you may complete the bottom portion
of this letter and return it to me.
Thank you fnr your cooperation and prompt attention to this matter. Feel free to call me at (714) 567-7309 if
you have any questions.
Very truly yo •.
Neil Jessen. S Assistant
County Executive Office/Real Estate
ec: William A. Rawlings, Director, Purchasing and Real Estate, County Executive Office, County of Orange
Determination: YE5 ^ NO ~
This project is in conformance with the General Plan of the City of Anaheim.
City of Anaheim BY: DATE:
Comments:
BXHI[31T.4
ATTACHMENT -ITEM N0. 1-C
Social Szn ices .-~eene~ -Anaheim Reeional Cznter
3:30 E. La Pahua :~~ rnue.:~naheint. CA. 92506
ITEM N0. 2
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Conditional Use Permit No. 3420 Subject Property
TRACKING NO. CUP2004-04829 Date: March 22, 2004
Determination of Public Convenience or Necessity No. 2004-00014 Scale: 1" = 200'
Requested By: DONG S. PARK Q.S. No. 57
CONDITIONAL USE PERMIT NO. 3420 -TRACKING NO. CUP2004-04829: REQUEST TO AMEND OR
DELETE CONDITIONS OF APPROVAL FOR AN EXISTING CONVENIENCE MARKET AND RESTAURANT
TO PERMIT RETAIL SALES OF BEER AND WINE FOR BOTH ON AND OFF-PREMISES CONSUMPTION.
DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2004-00014:
REQUEST TO PERMIT RETAIL SALES OF BEER AND WINE FOR BOTH ON AND OFF-PREMISES
CONSUMPTION WITHIN AN EXISTING CONVENIENCE MARKET.
1523 West Katella Avenue - La Estrella Market 12zo
RS-720(
1 DU EA(
-178 ' --®~
KATELLA AVENUE
Staff Report to the
Planning Commission
March 22; 2004
Item No. 2
2a. CEQANEGATIVEbECLARATION (PREVIOUSLY-APPROVED) (Motion)
2b. CONDITIONAL USE PERMIT N0. 3420- (Resolution)
(TRACKING NO: CUP2004-D4829)
2c. `DETERMINATION OF PUBLIC CONVENIENCE
's OR NECESSITY N02004-00014 (Resolution)
SITE LOCATION AND DESCRIPTION: i
(1) This rectangularly-shaped, 0.56-acre property is located at the northeast corner of Katella
Avenue and Bayless Street, having frontages of'178 feet on the north side of Katella
Avenue and 139 feet on the east side of Bayless Street (1523 West Katella Avenue - La
Estrella Market).
REQUEST:
(2) The petitioner requests approval of the following:
(a) To amend or delete conditions of approval for an existing convenience. market and
restaurant to permit retail sales of beecand wine for both on and off p~emises
consumption under authority'of Code Section Nos. 18.03.030, 18.03.091 and
18.44:050.010, and;
(b) Determination of Public Convenience or Necessity to permit'retail sales of beer and
wine far off-premises consumption within an existing convenience market.
BACKGROUND:
(3) This property is developed with a commercial shopping center and is zoned CL
(Commercial-Limited).] The Anaheim General Plan Land Use Element Map designates this
properly fo6Commercfal Professional land uses. The Anaheim GeneratPlan Land Use
'Element Map further designates'properties`to the north and east for LowDensity
Residential(land uses, to the south across Katella Avenue for General Commercial land
uses, and to the west across Bayless Street for Commercial Professionahland uses.'
(4) Conditional Use Permit No. 2000-04293 (to; permit the sale of beer and wine for on-
premises consumption in conjunction with a fast food`sandwichshop and'deli within a
previously-approved convenience market) was denied by the Commission'on the basis of
`public testimony in opposition to the request and due to an over'concentration of licenses in
the area on'becember 18, 2000.
(5) Conditional`Use Permit No. 3420. (to permits convenience market with no sales of alcoholic
beverages at 1523 West Katella Avenue) was approved by the Commission on June 17,
°1991. In 1992 and 1993, the Commission and the Council denied a subsequent request to
amend conditions to allow retail sales of alcoholic beverages fdr'off-premises consumption
within this convenience market due to the property's proximity to single-family residences, a
church and `child day care center:
Sr5085cdoc
Page 1
'Staff Report to the
Planning:.Commission
March 22,'2004
Item No. 2'
y (10) The site plan also Indicates a total of 36 parking spaces on site.> Code requires a minimum
of 35 spaces based do the ratio of 5.5 spaces per 1;000 square'feet of gross Floor area for
bpth retail businessesand take-out fast-food restaurants, which: have 10 or less seats for
customers (6,425 s.f./1,000 x 5.5 = 35 spaces).
' (11) The submitted letter of operation'. indicates the marketand restaurant are open from 8 a.m.
to 9 p.m. seven (7) days a week;, with a maximum of three (3) employeesper shift. The
petitioner further indicates this request is being made o provide'additionafservice to heir
take-out restaurant antl market customers.-- According to the letter, 40% of the sales are
from market purchases, 30% come from take-out food purchases, and 30% from sit-down
customer purchases.
(12) Code Enforcement records Indicate no active Code violations on this property.
ENVIRONMENTAL'1MPACT ANALYSIS:
!, (13) Staff has reviewed the request to amend or delete conditions of approval to permit beer
and wine sales and finds no significant adverse environmental impacts resulting from this
request. Therefore, staff recommends that the previously-approved Negative Declaration
in connection with Conditional Use Permit No. 3420 serve as the required environmental
documentation for this request upon a finding by the Commission that the Negative
beclaration(reflects the indepentlentjudgment ofthe lead agency and that it has
considered'the Negative Declaration together with any comments received during the
public review process`and further finding on the basisfof the Initial Study (a copy of which is
available for review in'the Planning Department) and :any comments received that there is
no substantial evidence that the;project will have a significant effect on the'. environment.
GROWTH MANAGEMENT ELEMENT ANALYSIS:,
(14) The proposed project has been reviewed 6y affected City departments to determine
whether it conforms with the City's Growth Management Element adopted; by the City
Council oh March 17,..:1992. t3ased on Citystaff 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 beenperformed.
:EVALUATION:
(15) The Code provides for modification to a conditional use permit based upon specified criteria
including that the modification is'necessary,to permit he reasonable operation of the?
business under the conditional use permitas granted;
Page 3
Staff Report to the :
Planning Commission
MarcH 22j 2004
Item No. 2
.alcoholic beverages for off-premises consumption and 5 off-sale licenses are allowed. This
census tract population also allows for 8 licenses for retail sales'of alcoholic beverages for
on-premises consumption where'currently 10 exist. The Police Department responded to
this location 14 times from February 2003;: through February 24,' 2004, and three (3) reports
were takeri'(burglary,'man with a gun, and grand theft). The calls included 3 burglaryi
alarms, 6 hang-ups, 4panic alarms, and 1''grand theft. The reporting district to the north
has a crime'rate of 145 percent'above City'average,!the reporting districfto the south has a
crime rate of 10 percent below City average, the reporting district to the west has a dime
.rate of 18 percent above average and the?eporting district to the east has`a crime gate of
.145 percent. above average. The Policebepartment'bpposes this request; and has
included recommended conditions of approval in the event this'request is'granted. '
(18) Because the business is located within a reporting district with a below average crime rate
(and a crime rate below each neighboring reporting district), and because this request does
''not includes modification of the hours of operationof the convenience market and deli
j (Open 8 a:m. to 9 p.m: everyday), staff recommends aoorovafof the request for the '
r deletion of'ConditiomNo. 4, to'allow for the'sale of beer and wine for both''on and off
premises consumption with aone-year time limitation in order td'determjne if thesesales
.would increase the clime rate for this reporting district and/or increase calls for service at
rtfiis location.
(19) The petitioner has applied for a determination of public convenience or necessity in order to
obtain a Type 20 (Off-Sale Beer and Wine) license. Due to overconcentrat(on (and not a
fiigh crimeYate) within the Reporting District of this property, a'determination of public
'convenience or necessity is required from+the City of Anaheim by the Department of
Alcoholic Beverage Control (ABC). A determination of public convenienceor necessity
would also be requiretl by ABC for the on-premises consumption portion of this permit.
(20) On July 11,:.1995, the Anaheim City Council adopted Resolution No. 95R-134 establishing
procedures and delegating certain responsibilities relating to issuance of icenses by the
:State Department of Alcoholic Beverage Control (ABC) with regard to applications for
licenses which wouldothenvise be denied but for the issue of whether public convenience
or necessity would be served by issuance'of the license and where the City is responsible
under State law to make such determinatioh, the resolution delegates such determinations
'td the Planning Commission with the rightof appeal (or review) by the City Council.
(21) Section 23958 of the Business and Professions Code provides that ABC shall denyan
application for a license if issuance of that license would tend td'create a law enforcement
problem or if issuance would result in, oCadd to, an undue concentration of licenses, excepk
when an applicant has demonstrated that public convenienceor necessity would be served
by the issuance of a license.
(22) The statement of justification foriletermination of public convenience and hecessity
submitted by the petitioner (attached) indicates that'there are no similar businesses in the
area and describes the businessas providing a service that is not available at typical.
'establishments in the area. The`conveniepce market and restaurant specializes in EI
Salvadorian groceries; food and cuisine: Although there are schools and single-family
'developments adjacent to this site, the applicant indicates that tfieir business activity is
greatest between 5 p:m. and 9"p:m. (closing time). The applicant anticipates that beer and
wine sales`would account for. approximately 25% of the store's overall sales.
Page 5
Staff Report to thee:
' Planning Commission
March 22, 2004
Item Nor 2
(23) ,The Planning Commission established a policy to determine whether a determination of
,'public convenience°or necessity is appropriate. A copy of the Planning;Commissiph's
guidelines'to determine publicconvenience or necessity is attached. Staff feels the
;determination can tie made based on the fact that there are currently nosimilar
i'establishments in the immediate vicinity.'Additionally, the business is located within an
area of below average crime rate (30% tielow City(average), and the petitioner has`:
suggested mitigating operational characteristics (no'open containers of off-sale products).
:Further, it houid be noted thatalthough;this property had 14'calls for service during the
reporting period, only three (3) reports were taken pvera period of one (1) year. Staff
r recommends aooroval of the request for: the sale of beer and wine for off-premises:
`consumption with aone-year time limitation in order to determine if these sales would
increase the crimerate for this: reporting tlistrict end/or increase calls forservice at this
location.
(24) Staff has received one (1) a-mail message from an'area resident in opposition to the
request for the sale'pf beer and wine forbn an off-premises consumption at this location.
The primary concerns indicated relate to he impact beer and wine sales would have on the
neighboring residential area (loitering, public drunkenness, fighting, graffiti, vagrancy). The
Commission may wish to note. that calls for serviceend reports taken forthis property
within the past year reflect minimal police activity.; Staff has included standard conditions of
approvat o address;graffiti, property maintenance ahd signage observed during staff
inspections of the property.
FINDINGS:
(25) Before the Planning Commission grants any conditional use permit, it must make a finding
'of fact that the evidence presented shows that all pf the following conditions exist: '
(a) That the proposed use s properly one for which a conditional use'permit is
authorized by the Zoning Code, orthat said>use is notlrsted therein as being a
permitted use;
(b) That the proposed use will not adversely affect the adjoining land uses andthe
growth and development of the area in which it is proposed to be"located;
(c) That the size and shape of the site for the proposed use Is adequate to allow the full
developmenfof the proposed use in a manner not detrimental to he particular area
nor to the peace, health, safety, ahd general'welfare; i
(d) That the traffic generated by the proposed use will nofimpose an undue burden
upon the streets and highways designed and improved to carry the traffic in he
area; and
(e) That the granting of therconditional 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.
Page 6
:Staff Report to the
Planning Commission
March 22 2004
Item No. Z
(26) Subsection'18.03.092bf the Anaheim Municipal Code provides for the modification or
termination'df a conditional use permit for one or more of the following grounds:
(a) Thatahe approval was obtained by fraud;
(b) That the use for which such approval is granted is not being exercised within the
time specifiedin such permit;
(c) That the useaor which such approval was granted has ceased to exist or has been
suspended o[ inoperative for any reason fora period dfsix (6) cohsecutive months
or more;
(d) That the permit granted is being, or recently has been exercised contrary to the
terms or conditions of such approval, or in violation of any statute; ordinance; law
or regulation;
(e) That the use for which the approval was granted has been so exercised as to be
detrimental to the publidhealth or safety, or so as to constitute a nuisance; i
(f) That the use for which the approval'was granted has not been exercised, and that
based upon atlditipnal information or due to changed circumstances, the facts
necessary to support one or more of the required showings for the issuance'of
such entitlement as set forth in this chapter no longer exist; and/or<
(g) That any such' modification, including the imposition of any additional conditions
thereto, is reasonably necessary to`protect the public peace, healtfi, safety orr
general welfare, or necessary to permit reasonable operation under the conditional
use`permit as'granted.
RECOMMENDATION:
(27) Staff recommends that, unless additional or contrary information is received during the
`meeting, and based upon the evidence submitted toahe Commission, including the >
evidence presentetl in this staff report, and oral and written evidence presented at the
`public hewing, the Commission take the following actions:
(a) By motion, determine that the previously-approved Negative Declaration is
adequate to serve as the required ehvironmental documentation fot this request.
(b) By resolution, a rove the modification to Conditional Use Permit No. 3420
(Tracking No: CUP2004=04829) to'amend or delete conditions of approval for an
existing convenience market and take-out restaurant to perrnit retail sales of beer
and wine for both on and`off-premises consumption for a period ofone (11 year to
expire March 22. 2005, based on the following:.
(i) Thatahe proposed use and modification are properly ones for whicha
conditional use permit is authorized. by the Zoning Code.
(ii) That the proposed use and modifications, subject to the conditions
recommended herein, would not adversely affect the adjoining land uses
Page 7
Staff Report to the
Planning Commission
March 22,2004 r
Item NoS 2
and the growth and development of the area in which they are prdposed to
be ldcated, as the property is located within a reporting district with a crime
rate 30% below City average, and a crime rate below each of the
surrounding reporting districts. Additionally, he proposed hours of
operation, (until 9 p.m.)'are appropriate given the proximity of the business
to the residential neighborhood tothe north.
(c) By resolution., a rove Determination of Public Convenience or Necessity Nd. 2004-
00014 (to permit retaifsales of beer and wine for off-premises consumption within
an existing convenience market)based on the following:
(i) That there are currentlyno similar establishments in the immediate vicinity.
Additionally, the business is located. within ah'area of below a~~erage crime
rate (30% below City average), and the petitioner has sugnc rd :mitigating
operational characteristics (no open containers of off-sale ; ~~cts). It
should be noted that although this`property had 14 calls for ~ voce service
during the reporting period, only three (3) reports were taken over a period
of one (1) year. Furtheri his request for the sale of beer and wine would
have aone-year time limitation in order to determine if these sales would
increase the crime rate for this reporting district and/or increase calls for
service at this location.
(d) Staff further recommends that should the Commission wish to approve the
requested amendment; that the conditions of approval contained in Resolution No.
PC91-87 be incorporated Into a new resolution which includes the following`;
conditions ofapproval:
1. That the on and off sale beer and wine portion of this perrnit shall expire one (1) year from the
date of thisfesolution.
2. That 3-foot high address numbers shall be displayed on the roof in a contrasting color to the
robf material. The numtiers shall'not be visible from the view of the street or adjacent
properties.
3. That this business establishment shall continuously adhere to the following conditions, as
required by the Police Department
a) There shall be no exterior advertising or sign of any kind or type, imcluding advertising
directed to the exterior from within, promoting or indicating the availability of alcoholic
':beverages. Interior'displays of alcoholic beverages or signs which are clearly visible to the
(exterior shall constitute a violation of this condition. `-
b) No display of alcoholic beverages shall be located outside of the building' or within five (5)
feet of any public entrance to the building::
c) ,The area of alcoholic beverage displays shall not exceed 25°/d of the total display area in
'the convenience market.
d) '!No person undertwenty-one (21) years of age shat(sell or be`permitted to sell any beer or
'wine.
Page 8
Staff Report to the
Plannirig Commission
Marcfi 22, 2004
Item No 2
e) :'Beer and malt beverages shall not be sold in packages containing less than a six (6)
pack, and wine coolers shall not be sold in packages containing less than a fouF(4) pack.
f) `The parking lot of the premises shall be equipped with lighting of sufficient power to
" illuminate and make easily discernible the appearance and conduct of all persons on or
about the parking lot. Additionally, the position of such lighting shall not disturb the
normal privacy and use of any neighboring residences.
g) There shall be no admission fee, cover charge, nor minimum purchase required.
h) There shall be no amusement machines,. video game devices; or pool tables maintained
upon the premises at any time:
i) There snail be no public telephones on the property. that are located outside the building
-and within the control of the applicant.
j) The gross sales of beer and wine for off-premises consumption shall not exceed 35
`percent of all convenience market retail'sales during any three (3) month period.: The
applicantshall maintain records on a quarterly basis indicating. the separate amounts of
;sales of alcoholic beverages and other items. These records shall be made available for
inspection by any City of Anaheim official when requested,
k) 'The gross sales of beer and wine for on-premises consumption shall notexceed 40
percent'of all restaurant sales during any three (3)'month period. The applicant shall
':maintain records oh a quarterly basis indicating theiseparate amounts of sales of
alcoholic beverages and other items. These records shall be made available for :
inspection by any City of Anaheim officiai'when requested.
I) ::There shall be no bar or lounge area upon the licensed premise maintained for the:
purpose of sales, service, orconsumption of alcoholic beverages directly to patrons for
consumption.
m) .:There shall be no live entertainment, amplified music or dancing permitted on the
premise'at any time unless the properpermits have been obtained from the City of;
Anaheim:
n) The activities occurring in conjunction with the operation of this establishment shall hot
cause noise disturbance to surrounding properties:`
o) ;The hours of operation shall be limited to 8 a.m. to B p.m. each day of the week.
p) Subject alcoholic beverage license shall hot be exchanged fora public premise (bar) type
license nor shall the establishment be operated asa public premise as tlefined in Section
23039'of the Busirtess and Professions Code.
q) Food service with a full meal shall be available until closing time, on each day of
operation:
Page 9
Staff Report to the
Planning. Commission
March. 22, 2004
Item No: 2
r) On-premises consumption bf beer andwine shall only occur in conjunction with food
service:
4. That in order to maintain visibility into the establishment for security purposes, window ignage
shall not be permitted. 'All fixtures,: displays,'merchandise and other materials shall be setback
a minimum bf three (3);feet from all window areas.
5. That the property shall be permanently maintained in an orderly fashion by providing regular
landscape maintenance, removaP of trash or debris, and removal`of graffitiwithin twenty-four
(24) hours from time of'bccurrence,
6. That any tree. planted on-site shall be replaced in a timely manner in the evenk that it is-
removed, damaged,' diseased and/or dead.
7. That the owner of subject property hall submit a letter Yequesting terminatioh of Conditional
Use PermifNo. 336ti (to permit dn?premisesssale of beer and wine within a restauranfwith
waiver of minimum of parking spaces at 1523 West Katella Avenue) to the Zoning Division.
8. That subject property sfiall be developed substantiaity in accordance with plans and
specificatiorts;submitted to the City of Anaheim by the petitioner and which'plans are do file
with the Planning Department marked Exhitiit Nos. 1 and 2, and as conditioned herein::
9. That this take-out/deli restaurant shall be limited to a maximum often (10) seats. Any excess
seating shallbe removed.
10. That prior to commencement of the activity authorized by this resolution, or within a period of
one (1) yeactrom the date of this resolution, whichever'occurs first, Condition Nos, 2; 3f, 3h, 3i,
4, 7, 8, and 9 above-mentioned,shall be complied with: Extensions for further time to
complete said conditions may be gtanted in accordance with Section 18.03:090 of the Anaheim
Murticipal Code. Further, if an extension of time is requested for the alcohol ales portion of
this, request,' it shall be considered: at a noticed public hearing.
1 t. That approval of this application constitutes approval of the proposed request only to the extent
that it complies with the Anaheim MunicipafZoning Code and any other applicable City,. State
and Federal;~egulations Approval does not ihclude any action or findings as to compliance or
approval of the requesfregarding any othePapplicable drdinance; regulatiorrbr requirement.
Page 10
ATTACHMENT -ITEM N0. 2
l~'H L ~ ®~ 1-~ 1'8 ~ LLJ
City of Anaheim
POLICE DEPARTMENT
DATE: February 26, 2004
TO: John Ramirez
Planning Department
FROM: Sergeant Mike Lozeau
Vice Detail
SUBJECT: Conditional Use Permit 2004-04829
PCN 2004-00014
LOCATION: La Estrella Restaurant and Mini Market
1523 West IGatella Ave., #101 & #102
Anaheim, CA 92802
The Police Department has received an I.D.C. Route Sheet for CUP 2004-04829
with a tracking number of CUP 3420 and PCN 2004-00014. The request by the
applicant is to amend conditions of approval pertaining to sales of beer and wine
for an existing convenience market/restaurant and to determine public
convenience or necessity in connection with a request to amend conditions of
approval pertaining to sale of beer and wine for an existing convenience
market/restaurant.
The location is within Reporting District 2022, which has a Crime Rate of 30
percent below average. It is also within Census Tract Number 876:02, which has
a population of 7354. The population allows for 5 Off Sale ABC licenses and
there are 7 licenses in the tract, and allows for 8 On Sale ABC licenses and there
are 10 issued.
The Census Tract boundaries are:
North Cerritos Avenue
South Orangewood Avenue
East 9~h Street
West Euclid/Katella/Nutwood
Off Sale Licenses in the applicants census tract
2060 South Euclid Avenue #1
1679 West Katella Avenue
1500 South Euclid Avenue
1660 West Katella Avenue
1863 West Katella Avenue
1616 West Katella Avenue
1670 West Katella Avenue
On Sales Licenses in the applicants census tract
1557 West Katella Avenue
1504 South Euclid Street #A
1728 South Euclid Street
1827 West Katella Avenue #A
1784 South Euclid Street
1671 West Katella Avenue
1612 West Katella Avenue
1732 & 1734 South Euclid Street
1731 West Katella Avenue #A
1675 West Katella Avenue
The census tracts surrounding this location are as follows:
North - 876.01
On Sale allowed 6/active 0
population 5,157
Off Sale allowed 4/active 3
South -Garden Grove
East - 875.01
On Sale allowed 7/active 30
pending 3
West - 877.04
On Sale allowed 5/active 2
population 5,950
Off Sale allowed 4/active 12
population 4,734
Off Sale allowed 3/active 2
Additional Census Tract information:
North East - 875.01
On Sale allowed 7/active 30
pending 3
North West - 877.04
On Sale allowed 5/active 2
population 5,950
Off Sale allowed 4/active 12
population 4,734
Off Sale allowed 3/active 2
South West -Garden Grove
South East - 875.03
On Sale allowed 8/active 15
pending 2
population 7,110
Off Sale allowed 5/active 2
pending 1
From February 2003 to February 24, 2004 there have been 14 calls for service to
this location. The calls consist of 3 burglary alarms, 6 hang-ups, 4 panic alarms.,
and 1 grand theft. Of the 14 calls for service there were 3 reports taken. They
consist of 1 burglary, 1 man with a gun, and 1 grand theft.
The Reporting District to the North is 1922 and has a crime rate of 145 percent
above average. The Reporting District to the South is 2122 and has a crime rate
of 10 :percent below average. The Reporting District to the West is 2021 and has
a crime rate of 18 percent above average. The Reporting District to the East is
2023 and has a crime rate of 145 percent above average.
The Police Department opposes this application due to over-concentration of
both on and off sale alcoholic beverage control licenses. If both the City of
Anaheim, and The Department of Alcoholic Beverage Control grant public
convenience or necessity the Police Department requests the following
conditions be placed on the applicants Conditional Use Permit:
1) There shall be no exterior advertising or sign of any kind or type, including
advertising directed to the exterior from within, promoting or indicating the
availability of alcoholic beverages. Interior displays of alcoholic beverages
or signs which are clearly visible to the exterior shall constitute a violation
of this condition.
2) No display of alcoholic beverages shall be located outside of a building or
within five (5) feet of any public entrance to the building.
3) The area of alcoholic beverage displays shall not exceed 25% of the total
display area in a building.
4) No person undertwenty-one (21) years of age shall sell or be permitted to
sell any beer or wine.
5) That beer and malt beverages shall not be sold in packages containing
less than a six (6) pack, and that wine coolers shall not be sold in
packages containing less than a four (4) pack.
6) The parking lot of the premises shall be equipped with lighting of sufficient
power to illuminate and make easily discernible the appearance and
conduct of all persons on or about the parking lot. Additionally, the
position of such 'lighting shall not disturb the normal privacy and use of any
neighboring residences,
7) There shall be no admission fee, cover charge, nor minimum purchase
required.
8) There shall be no amusement machines, video game devices, or pool
tables maintained upon the premises at any time.
9) There shall be no public telephones on the property that are located
outside the building and within the control of the applicant.
10) The gross sales of .alcoholic beverages shall not exceed 35 percent of all
retail sales during any three (3) month period. The applicant shall
maintain records on a quarterly basis indicating the separate amounts of
sales of alcoholic beverages and other items. These records shall be
made available for inspection by any City of Anaheim official when
requested.
11) Any Graffiti painted or marked upon the premises or on any adjacent area
under the control of the licensee shall be removed or painted over within
24 hours of being applied. The paint shall be consistent with the existing
color of the building.
12) The petitioner shall be responsible for maintaining free of litter the area
adjacent to the premises over which they have control, as depicted.
13) There shall be no bar or lounge area upon the licensed premise
maintained for the purpose of sales, service, or consumption of alcoholic
beverages directly to patrons for consumption.
14) There shall be no live entertainment, amplified music or dancing permitted
on the premise at any time unless the proper permits have been obtained
from the City of Anaheim. -
15) The activities occurring in conjunction with the operation of this
establishment shall not cause noise disturbance to surrounding properties.
16) The hours of operation shall be limited to 8:00 a.m. to 9:00 p.m. each day
of the week.
17) That subject alcoholic beverage license shall not be exchanged for a
public premise (bar) type license nor shall the establishment be operated
as a public premise as defined in Section 23039 of the Business and
Professions Code.
Please contact S.P.S:R. Michele Irwin at extension 1461 if you require further
:information.
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ATTACfII"fENT -ITEM N0. 2
PETITIONER'S STATEMENT OF JUSTIFICATION FOR
PUBLIC CONVENIENCE OR NECESSITY
The City Council has established procedures for the determination of Public Convenience or Necessity and has
delegated the responsibility for making such determinations to the Anaheim Planning Commissioh. In order to
assist the Planning Commission in its deliberations as to whether the public convenience or necessity would be
served by permitting an additional alcohol establishment within an area containing an over concentration of
licenses and/or high crime rate, please answer the following questions.
1. What is the primary purpose of your business? Is the sale of alcohol an essential part of the primary
purpose of the business? Please explain.
vSi~+.rE55 rs 7n SErZJc X/rEaL
P:'vrL CCP.T0:1.7E,QC n~~n TRH S~'4- Ov ~L/iFEi2 ~ +:/;,~•E rS CCn.'VE.i-.`c~-'T
~6C/1 r~SE Sn li.+E /`A6Ai:5 IAN VE ~ET7r'7L T'%7E /`CCV,.n ~aiNGD-h~F 4~Gr.D tic---t'rz ~.
2. Are there similar businesses or a concentration of alcohol outlets in the immediate area that already provide
alcohol service? If so, how would the public convenience or necessity be served by permitting an additional
license within the census tract?
3. Is there a residential neighborhood or school adjacent to the property for which you are requesting a public
convenience or necessity determination? If so, please explain how permitting an additional license would
not disproportionately impact an adjacent residential neighborhood or school.
\/KS ~E2F A2 r A A.' h_'if: N R,r77 (d gun E` A SCr1oc~L C~- Sam= 3~~ T OG'2,
APED w~ L ~~SS /~T. ~/.
4. What percentage of your business do you
5. Does your business cater to a specific need or specialty which is not currently available in the area?
Please explain.
JPLyA 20 ~i/l a.~ Cifi J;,c'E IS ti'~T /~~/A/G/r f3 Lc= i.(.Ti~/C ~(Z £/a paD
:.Lt E i>Rc :/ i IhE ~ / S IG i .ti (\ C n C ~n~+~
6. Are you proposing any specific operational measures to eliminate or limit any potential negative
consequences from the sale of alcoholic beverages? Please explain.
yCIE U,rG'aJ"T pEr:~lr"T %o THE C'r~5iv:~r6rZS L~nyG 7//E ~FC;L,'7~ t,v~i/-r A,cJ
n~arr ('nc;7~;~;c~ .//tEV L:;iLtr Sync/_ 'T nv,'~';~ 7/-(G ~.~Uc;2ac-c ,•,.c'
T/lE iii "Tic~C ~Ln cE GQ ~A QFy ii SEn C.=n %G //J l%in_ ~OfLi t"G.
7. What type of license are you requesting from ABC? Is it an existing license?
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ATTACHMENT -ITEM N0. 2
~V Ltli t
CITY OF ANAHEIM PLANNING COMMISSION
GUIDELINES TO DETERMINE PUBLIC CONVENIENCE OR NECESSITY (PCN)
• How significant is the "undue concentration"?
In census tracts with a few excess licenses, it may be easier to justify the need for additional
licenses when considering other factors. However, in areas with a significant number of
excess licenses, the City should carefully examine, based on submitted evidence and the
whole record, whether it would be appropriate to make the requested finding.
• How close is the proposed site to a residential neighborhood and/or school?
If the site is in close proximity to a residential neighborhood or school, then the decision on
whether to make the finding of PCN should give weight to these sensitive land uses.
How close are other alcohol outlets?
Are outlets in close proximity or are they spread throughout the census tract? If the outlet is
located near the border of the census tract, is there a cluster of outlets in the vicinity of the
outlet located in the adjoining census tracts? In some areas, there are a large number of
businesses providing alcohol in close proximity. As a result, the impact is greater than if the
same number of businesses were spread throughout the census tract. In these instances, it
may be difficult to make the finding.
• Are there similar businesses already in the area?
Is this the first business of this type or are there several similar businesses nearby? If the
product is already available, then it would be harder to justify "public need".
• Is the sale of alcohol an integral part of the primary purpose of the business?
A "dinner house" would normally sell alcohol; however, a gas station or breakfast cafe would
not.
• Is there ahistory ofalcohol-related problems in the area?
Determination of PCN in reporting districts thak have a much higher than average crime rate
will be more difficult to justify. Likewise, even if the proposed location is in a census tract
that does not have a higher than average crime rate, it may be adjacent to one or more
reporting districts that have a higher than average crime rate.
• Are there .unusual factors which are applicable fo a particularlocation?
The establishment may cater to a specific customer such as specialty markets or warehouse
stores. In these instances, the Planning Commission may determine that the unusual
factors are sufficient to determine public convenience or necessity.
• /s the proposed site in an area which has both an overconcentration of licenses and a higher
than average crime rate?
In such instances, it may be more difficult to make the finding.
• lNould a particular establishment have mitigating operational characteristics such as
increased security, limited hours of operation or bulk sales and/or temperatures not
conducive to on-site consumption?
A Determination of PCN may be justified for establishments with operational characteristics
that would offset any negative consequences of approving an additional license.
ATTACHMENT - ITEM N0. 2
RESOLUTION NO. pC9]~87
A RESOLUTION OF THE ANAHSIH CITY PLANNING CONHFSSZON
THAT PETITION FOR CONDITIONAL USfi PSAHIT NO. 3420 86 GRANTED
WHfiAHAS, the Anaheim City Planning Comminelon did roeeive a
verified Petition for Conditional Uee Pormlt for certain real property
aituatad in the City of Anaheim, County of Orange, State of California,
doncribed aa:
LOTS 20 ~& 11 OF TRACT HO.
COUNTY O~F ORANGE, STATE
RECORDED IN BOOK 99,
HISCELLAN"o0U5 RAPS, IN
RECORDER OF SAID COUNTY.
2903 IN THE CITY OF ANAHSIH,
OF CALIFORNIA. AS PSR HAP
PAGES 21, 22 AND 23,
TH6 OFFICE OF TH6 COUNTY
HHSRSAS, the City Planting Commioalon did hold a public hnaring
at the Civic Center in the City of Anattnim on June 17, 1991, at 1:30 p.m.,
notice of paid Zublic hoaxing having peon duly gluon ae required by ]aw and in
aceordanoe with the proviaiono of the Anaholm Hunlclpal Coda, Chapter 18.03, to
hear and consider evidence for and agalnnt nald propoood conditional use permit
and to invooti5iatn and make findings and rocommendatlone in connection
therewith] and
WHSItSAS, oald Commluoion, after due lnapoctlon, Snvootigatlor and
study made by .teolf and Sn itn bohalP, and e[tor duo eonaidoration of all
evidnnce and ee;?orte afforod at meld hearing, dooa find and determine the
following 4acta:
1. T`,at the proposed use le properly ono For ahtch a conditional
uee permit la authorized by Anaheim Hunlelpal Codo Sortlon .0.44.050.195 to
permit a convonlarca market.
2. That the proposed ueo will not advozeely affect the adSoinlnq
lead woos and t`e growth and development o: the aroo in which !t le propoaod to
bo lueated.
3. That the else and ehape of tho_slto prepoaod for mho uao Lm
adequate to al:.ow the Pull development o[ the propoaod uao in a manner not
dotrlmontal to the particular area nor to the peace, hoalth, aafocy and general
welfare o[ the C.tlxmna of tie Clty of Anaheim.
4. That the granting of the Gondltione: vac Pormlt under the
conditiono lmpo®od will not bo dotrlmontal to the poeeo, hoalth, mefoty and
general welfare of the Cltlxona of the Clt;r of Annhmim.
5. That thm traffic generated by the prr•POaod uem will not
lmpoeo an undue burden upon the mtromto end hlghwayo dmnlgnod and lmprovmd to
carry the traffic in the area.
6. Thai throe {3) people lndleatod thole preemnem at aald public
hearing !n oppceltlon; and that no cozrospondencm was received !n oppooltion to
the oub~aet petition.
CR1214HP -1- PC91-B7
C~IFOA~ SNVIRONNSNTAL DUAL TY ACT FINDING; That the Anaheim ~'~
City Planning Commission has roviewed the proposal to permit a convenience
market on a rectangularly-shaped parcel of land consisting of approximately
0.57 acre located at the northeast corner of Katella Avenue and Bnylena Street,
having approximate frontagna of 190 feet on the north lido of Katella Avenue
and 139 feet on the ®asi side of Sayless Street and further dnocribed as 1523
West Katella Avenue! and dose hereby approve the Negative Declaration upon
finding that it has considered the Negative Declaration together with any
comments received during the public review process and further finding on the
basin that the initial study and any comments received that there is no
aubatantial evidence that the prajaet will have a significant effect on the
environment.
NOW, THSRSFOAS, BS IT RSSOLVSD that the Anaheim Clty Planning
Commission done hereby grant subject Petition for Conditional Use Permit, upon
the following conditionu which aro hezoby found to ba a necessary prerequisite
Eo the proposed use of the subject property in order to preserve the safety and
general welfare of the Cltixane of the City of Anaheim:
l.° That trash storage groan shall ha refurbished to the eatiefaction of the
Strout Naintnnanco and Sanitation Divlslon tc comply with approved plans
on file with Wald division..
2. That prior to issuance of a building permit, a solid waste management plan
with recyeiing capabilit ios shall be approved by the Street Hnintenance
and Sanitation Division. Upon occupancy of the project, said plan shall
commence and shall ramr.ln in foil effect as required by said Division.
3.° That no feet-food service facilltieo shall bn permitted in subjoet
eonvonience market .e.ICas a variencn For parking is approved by the Clty
Council, Planning Camrtmnlon or Zoning Adrolniatrator or unless mufficlont
Code parking la provides
4. Tho no alcoholic beverages +t: •i ~~o Hold on the oubjoet property.
b.° That the proposal shall coap!r •.th all signing requlramonts of the CL
"COmmoreial. Limited" Lono, u.~lea~ n varianes allowing sign waivers Se
approved by the Clty Council, Plannlu7 G aWiamion~or 8onlnq Administrator.
6.° That the on-sire Sandacaplnq and irrigation syecom vhall bs refurbished
and malntalnod Ln ecmplianee wsth Clty standards.
7. That subject property shall b® developed oubata~icially Sn accordance with
plane and speciE lcallone submitted to the City ai Ansheim by the
petltianor aid whtrh plans aro on file with the Planning Oepertment marked
Sxhlblt Non. 1 and 27 provided, however, that the damaged fence snail be
repaired.
B. That prior to rommeneomeni of the nativity authorixod by this roaolutlon
or within a period of ono 11- year Pram the date of this resolution,
whichevoY occurs first, Condition Nos. 1, 2, 6 end 7, above-mentioned,
shall ho eompllad with. Axtonslone for furthor time to eomplote oald
conditions may 6e granted Ln aceoraancs with Section 18.03.090 of the
Anaheim Municipal Codo.
-2- PC91-87
9. That the hours of operation shall be 7:00 a.m. to 9:00 p.m. plus one (1)
additional hour (until 10:00 p.m.) for employees to close-up and leave the°'
promisee.
1D.+ That approval of this application conetitutae approval of the proposed
request only to the extent that it compliae with the Anaheim Municipal
Zoning code and any other applicable city, State and Federal regulations.
Approval does not include any action or findings ae to cvmplianco ar
approval of tho request regarding any other applicable ordinance,
roqulation or requirement.. Conditions marked with sn anterlsk (+) are
required by eetsbliah.9d taws, codas, regulations and agreements and era,
therefore, not subject tr negotiation.
BE IT FURTHER ABSOLVED that the Anahoim City Planning Commieeion
•`~as hereby find and determine that adoption of this Resolution la expressly
;rcdicated upon applicant`s complianoe with each and all of the conditions
u~reinabove set forth. Should any such condition, or any part thereof, be
declared invalid or ununforeeable by the final judgment of any court of
comlwtont jurisdiction, then this Resolution, and any approvals herein
contained, shall be doomed null and void.
THS FOREGOING RSSOLUTiON was adopted at the Planning Commission
meeting of June 17, 1991.
IOrlginal atgned by Fhybis R. fioydclJn)
CHAIAF70HAll, ANAHEIM CITY PLANNING CONNISSIOH
ATTEST:
!l)riQlnet S~gneC by JanE~l. ,In~c.nl
SECRETARY, A'::dBIH CITY PLAHH.NO COHNISSION
STATE OF CALIFORNIA )
COUNTY OF OAANGB ) mq.
CITY OF ANAHEIM )
I, Jan®t L. Jansen, Secretary oP the ,lnehelm Clty Planning
Commiaolon, do hereby eertlfy that the foregolnq reaolutlon woo pdseod end
adopted at a mooting of the Anahmlm City Planning Cammioglon hold on Juno 17,
1991, by the following vote of the members thereofa
AYES= COMHISSIONBRS, 8OUA5, FSLDHAUS, NELLYSR, H6NNINGER,
HSSS$, PSAAZA
NOBS: COHHISSIONSAS: BDYDSTUN
AB98NT: COHHISSIONBRS: NOHS
IN NITNESS HNSAECF. I have hereunto see my hand chle day
of 1991
tOrtt,tnat S~`ned bl• Jane: L Jensen)
SBCRBTAAY, ANAHSIN CITY PLANNING COMMISSION
-1- PC91-87
ITEM N0. 3
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ALL PROPERTIES ARE IN THE (SC) (SCENIC CORRIDOR OVERLAY) ZONE
Variance No. 2004-04600 Subject Property
Tentative Tract Map No. 16632 Date: March 22, 2004
Specimen Tree Removal .Permit No. 2004-00001 Scale: 1" = 200'
Requested By: LAXMI WAOHWANI Q.S. No. 206
VARIANCE NO. 2004-04600: REQUESTS WAIVERS OF: (A) MINIMUM LOT WIDTH
(B) MINIMUM FRONT YARD SETBACK
TO CONSTRUCT SEVEN (7) SINGLE-FAMILY HOMES
TENTATIVE TRACT MAP NO. 16632: REQUEST TO ESTABLISH A 10-LOT, 7-UNIT DETACHED
SINGLE-FAMILY SUBDIVISION.
SPECIMEN TREE REMOVAL PERMIT NO. 2004-00001: REQUEST TO REMOVE FIFTEEN (15)
SPECIMEN TREES TO CONSTRUCT SEVEN (7)
SINGLE-FAMILY RESIDENCES
375 South Mohler Drive lzts
ITEM N0. 3
Staff Report to the
Planning Commissibn
March 22;2004
Item No. 3
3a. CEQA NEGATIVEbECLARATION (Motion)
3b. VARIANCE NO 2004-04600 ` (Resolution)
3c. TENTATIVE TRACT MAP. NO. 16632 (Motion)
3d. SPECIMEN TREE REMOVAL PERMIT'N0. 2004-00001 :(Motion)
': SITE LOCATION AND DESCRIPTION:
(1) This irregularly-shaped, 5.4-acre property has a frontage of 679 feet on the west and the
southwest ide of Mohler Drive`a maximum depth of755 feeFand is located 50 feet
southeast of the centerline of Owens Drive (375 South Mohlerbrive).
REQUEST:
(2) The petitioner requests approval of the following:
Variance No. 2002-04547 -waivers of the following under authority of Code Section
18.03.040:020 to construct seven (7) single-family homes:
(a) SECTION N0.98.23.061.020 Minimumlotwidth.
`; (DELETED)
(b) SECTION N0. 18.23.063.010 Minimum front vard setback
25 feet required fgriot Nos. 1`; 2 and 3; ?
15 feet proposed)
Tentative Tract Mao No. 16632'= to establish a 10-lot, 7-unit detached single-family
res iden tial'sub d lvi s ibh.
`Specimen Tree Removal Permit No. 2004-00001- to remove fifteen (15) specimen trees.
BACKGROUND:
(3) This property is currently developed with a'single-family residence (to be demolished) and
is zoned RS-HS-22,000 (SC) (Residential, Single-Family Hillside; Scenic Corridor Overlay).
.The City of Anaheim General Plan Land Use Element Map designates this property for
Hillside Estate Density Residential land uses.
(4) Surrounding General Plan land uses designations are as follows:
DIRECTION "GENERAL PLAN
DESIGNATION
All Directions Hillside Estate Density ;
Residential
(5) There are no prior zoning actions pertaining to this property.
sr8715av
Page 1
Staff Report to the
Planning Commission
March 22, 2004
Item No, 3
DEVELOPMENT PROPOSAL:
(6) The petitioner proposes to subdivide this property to establish a 10-Ipt, 7-unit single-family
residential subdivision with waiver of minimum required front: yard setback.
(7) The petitioner also,Yequests approval to7emove fifteen (15) specimen tree in order to
grade the property in preparation for constructing seven (7) new single'-family homes.
? The tree'Pemoval and replacement plan' (Exhibit No. 1) indicates that the specimen trees
are currently located within areas to be'graded in order to provide pads'for the three (3) of
the seven (7) homes. Theplan demonstrates that 2 Oak trees would tie removedfor the
grading of Lot 1, 2 Oak and 2 Pepper trees would be removed for Lot 2 and a stand of 9
Eucalyptus trees are required to be removed for Lots B and 5.
(8) The kentative tract map and site plan (Exhibit No. 1) indicate the subdivision of two
residential parcels into seven residential parcels with the following site characteristics:
Lot Proposed Lot .
1Nidfh *Required Minimum
~ LotWiBfh" ~ °Proposed tot area **Required Minimum
Lot;4rea
1 186 feet 85 feet 20,580's . ft. 19;000 s . ft.
2 = x140 feet `85 feet 21((540 s . ft. 19,000 s . ft.
3 124,feet 85 feet 23',030 . ft. ,.19;000 s . ft.
4 90 feet 60 feet 24,6611!sq. ft. 19;000 sq. ft.
5 < 60 feet 60 feet 30,907 s . ft. ::19,000 s . ft.
6 '.90 feet 60 feet 28,762 s . ft. ..19;000 s . ft.
7 : 65 feet 60 feet 22;446' . ft. 419,000 s . ft. ;
`Required minimum lot width for Lots 4, 5, 6, and 7 based ort Code Section 18.23.061.020 pertaining to
minimum building site width on the circular or curvilinear portion of a cul-de-sac.
"Required minimum lot area based on Code Section 18.23.061.010, which allows a"net lot area of 19,000
square feet.
(9) ' The siteplan (Exhibit No. 1) indicates the development of seven (7) single-family homes
`` with the following characteristics:
k~ ~_
~~L~t ..,.LotS¢e *FrorltSetback.r`~ ~Side~Setback:.~~ Re`arsSe~ack~~".
<Proposed/Rec~ufred :`Proposed/Required -Proposed/Required., ;
`1 20,580 s . ft. 15 feet /25 feet 10 feet / 10 feet 58 feet? 25 feet
2 21;540 s . ft. 15 feet/ 25 feet 10 feet/30 feet ! 66 feet/'25 feet
3 23,030 s . ft. 15 feet/ 25 feet 17 feet/ 10 feet 70 feet/ 25 feet
4 24;660 s . ft. 15 feet/ 15 feet 10 feet/ 10 feet 30 feet/ 25 feet
5 30,907 s . ft. 50 feet/ 15 feet ? 10 feet/ 10 feet 144 feet/ 25 feet
6 28;762 s . ft. 20 feet/ 15 feet 10 feet/ 10 feet 165 feet/ 25 feet
7 22,446 s . ft: 40 feet/ 15 feet 10 feet/ 10 feet 58 feet/ 25 feet
'Required minimum front setback based on Code Section 18.04.042.040pertainfng to setbacks on cul-de-sacs.
Page 2
Staff Report to the
Planning Commission
March 22, 20p4
Item No 3
Conceptual plans indicate a height of 25 feet. Cade permits two-story residences in the
!' Scenic Corridor Overlay Zone with a maximum height of 25 feet.
ENVIRONMENTAL IMPACT ANALYSIS:
(13) `Staff has reviewed the proposal and the,lnitial Study (a copypf which is available#or
review in the Planning Department) and finds no significant environmental impact'and,
therefore, recommends that a Negative Declaration be approved upon a finding by the
Planning' Commisson that the NegativeiDeclaration reflects the independent judgment of
the lead'agency; and that it has considered the proposed Negative Declaration together
with any comments received'during thepublic review process and further finding on the
basis of the Initial Study and any comments received that there is no substantial evidence '
that the project will have a significant effect on the environment.
'GROWTH MANAGEMENT ELEMENT ANALYSIS:
(14) ,The proposed project has been reviewed by affected City departments to determine
whether'it conforms with the Gity's Growth Management Element adopted by the;City
Council on March 1;7, 1992. Based on City staff review of the proposed project, it has beenS
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:
(15) ;The Anaheim General Pian Land Use Element Map designates this property for Hillside
Estate Density Residential land uses, with a density range of up to 1.5 dwelling units per
acre. The RS-HS-22,000 Zone is the typical implementation zone for this designation. The
petitioner proposes to subdivide this property to establish a ten lot, seven unit single-family::
residential subdivision. The proposed subdivision would have a densitybf 1_3 dwelling
units peracre consistent with'the General Plan land use designation of Hillside Estate
Density Residential and the RS-HS-22,000 (SC) zoning designation for this site and
compatible with the existing residential developments in the'area.
(16) Waiver (a) pertaining to minimum lot width has been deleted as the property lines were
reconfigured to conform with. Code.
(17) Waiver (b) pertains to minimum front yard setback: Code requires a minimum front yard
setbackbf 25 feet and the site plan indicates a proposed setback of 15 feet for lot Nos. 1 2
1 and 3. The Code also includes a provision to encourage varied setbacks within residential?
tracts that allows fora 15-foot front yard. setback,; provided that the average setback for all
the homes is at least 25 feet:: For this particularproject, the average setback for the
proposed 7 homes: is 24 feel!
(18) The applicant submitted the attached justification of waiver, which states that the steep
`: topography and irregular shape of the property present challenging development`
constraints. The proposed subdivision (s designed with the homes located below the grade:
of Mohler Drive within a canyon in an effort to mitigate any impact to the views of the
existinghomes in the neighborhood. The justification further states that many of the
neighboring properties with identical zoning have a much larger buildable area, and
therefore, strict application of the zoning code would deprive this property of privileges
enjoyedby otherproperties in the immetliate vicinity. Staff recommends approval of this
waiver because the submittalhas demohstrated that the property's shape and topography'
Page 4
Staff Report to the r
Planning Commissioh
March 22;2004
Item No: 3
' does create a hardship and thafwhen averaged, the front setback waiver requested is
minimal in [elation to the entireproject.
(19) bue to thesteep topography of he project site, retaining wallsare being proposed in order
to create useable outdoor area: The retaining walls for Lot Nos, 1 through 7 would be
located within the rear yards of the homes and would retain slopes above the pads
thereby creating useable reacyards. The walls would not be'visible from Mohlerbrive or
the adjacent residential properties. The retaining wall proposed adjacent to LoC G is
'required for the construction of the new private road:: This wa0 would be visible from one
home located to the west of the project. The maximum height of any proposed retaining
wall would be 10 feet, which' is in conformance with` Section 17.06.04 oflTitle 17. The
petitioner has indicated that alt retaining'walls would be landscaped and'a drip watering
system would be installed.
(20) Code Section 18.84.038.010 pertaining to`tree preservation defines Oak,,Pepper, '
Sycamore and Eucalyptus trees'with a trunk measuring eight (8) inches'or greater in
:diameter, measured'at a point four (4) feet above ground level as a specimen tree.: The
Scenic Corridor Overlay Zone permits the removalcf specimen'trees sutiject to specified
findings and approval'of a Specimen Tree RemovalPermit considered by he Planning
Commissioh at a noticed public hearing.
(21) Code Section 18.84,038.060 requires that any specimen trees removed shall be replaced
on the same parcel of a 2_1 ratio. The Code further specifies that replacement trees shall
be minimum 15-gallon size containers and chosen from a specified list of7eplacemeht
trees identified in the Code. Should the Commission wish to grant this request, staff
recommends the replacement trees be 36=inch box in size and selected from specimen
varieties, as has been the practice in most past approvals.
(22) Staff has reviewed the proposal and inspected the site to determine the possibility for
alternative'grading to,create aueable pads for the proposed tract without! impacting the
existing specimen trees on site'and feels that the proposed development is both
7easonable and practical. Commission sfiould also note that the proposed grading plan
preserves significant stands of specimen Srees and natural vegetation and the petitioner is
.proposing to heavily landscape,the site. The replacement plah shows the;replanting of 40,
36-inch box specimen trees, including 30 Pepper and. 10 Eucalyptus trees. Therefore, staff
recommends approval of the request to remove fifteen (15) specimen trees.
(23) The applicant is proposing to develop this residential tract with avillage-type theme. The
fiomes would be designed with complementary design features and colors. All
landscaping and hardscaping would be installed for future homeowners prior to occupancy.
'Commission should note that staff has included a coridition of'approval to require future
review of final site, floor, elevation, landscaping and fencingplans by the Commission as a
"Reports and Recommendation" item.
FINDINGS:
(24) When practical difficulties or unnecessary hardships result fromstrict enforcement of the
Zoning Code, a modification may be granted for the purpose ofassuring 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:!:
variance isjo prevent discrimination and none shall be approved whicft'would have the
effect of granting a special privilege not shared by otfter similar properties: Therefore,
before any variance is grantetl by the Planning Commission; it shall be shown:
Page 5
Staff Report to the
Planhing Commission
March 22, 2004 4
Item No 3
,'(a) Thafthere are special circumstances applicable to the property such assize, shape,
topography, location or surroundings, which tlo not apply. to otheridentically 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.
(25) "The State Subdivision Map Act (Government Code, Section 66473.5) makes it mandatory
o include in all motions approving, or recommending approval of a tract map, a specific
finding tftat the proposed Subdivision together with`its desigrt'and improvement is
'consistent with tFie City's Geheral Plan.
Further, 4he law requires that the Commission/Council makeany of the following findinr:
when denying orYecommending denialbf a tract map:
1. That the proposed map is not consistent with applicable General and Specifi6 Plans.
`2. That the design or improvement of the proposed subdivision is not consistenfwith
applicable General and,Specific Plans.
3. That the site is not physically suitable for the type of development.
4. That the site isinot physically suitable for the proposed density of development.
5, Thaf he design of the subdivision dr the proposed improvements are likely td'cause
substantial environmental damage'or substantially and avoidably'injure fish or wildlife
or their habitat:
6. That he design of the subdivision or the type of improvements is likely to cause
serious public health problems.
7. That the design of the subdivision or the type of improvements will conflict with
easements, acquired byttfie public at large, for access through or use of property within
the proposed subdivision."
(26) ,` Zoning Code Section 18.84.038.050 states that as a prerequisite to granting any Specimen
Tree Removal Permit, the Planning Commission may impdse'conditions and shalfmake
one or more of the following findings:
a) That principles of good forest management will best be served by the proposed
`removal;
b) That a reasonable and practical development of the property on which the tree is
'located requires removal of the tree or trees whose removal is sought;
c) That the character of the immediate neighborhood in'respect to forestatidn will not
be materially affected. by the proposed removal;
d) That the topographyof the building site renders removal reasonably necessary;
e) That regard for the safety of persons or property requires the removal.
Page 6
'Staff Report to the 1
Planning Commission
1 March 22;2004
r Item No:3
RECOMMENDATION:
(27) Staff recommends that unless additional or contrary information is received during the
meeting, and based upon the evidence submitted to he Planning Commission, including
the evidence presented in this staff reports and oral and written evidence presented'at the
public hearing that the Commission take'the following actions:
(a) By motion, a rove a CEOA Negative Declaratioh.
(b) By resolution, denv waiver (a) pertaining to minimum lot width since ifhad been deleted
and approve waiver (b) pertaining to minimum front yard setback based on the site
constraints of the'property such as the: irregular shape and the sloping topography; and
further, that the average setback allowable in the RS-HS-22,000 (SC) Zone is only one
foot greater than the average setback proposed.;
(c) By motion, a rove Tentative Tract Map No. 16632 (to establish a 10=lot, 7-unit single-
family residential'subdivision) since tfie design and improvement of the proposed
subdivision wouldbe consistent with tfte General'Plan land use designation of Hillside
Estate Density Residential and the site is suitable for the proposed development.
(d) By motion, a po rove Specimen Tree Removal Permit No. 2004-00001 to allow the
removal of fifteen'(15) specimen trees`in order to'construct seven (7) "single-family
residences based!on the following:
(i) That a reasonable and practical development of the proposed tract on
whicfi the specimen trees are located requires the removal of the trees.
(ii) That the character of the immediate neighborhood in respect to forestation
would not be materially affected by the proposed removalbf the fifteen (15)
specimen trees`since the trees currently exists within the interior of the
property and isnot visible form the public right-of-way or adjacent
properties; and further that a significant amount of specimen trees and
existing vegetation is being preserved and that the trees will be replaced
with'40, minimum 36-inch"boxtrees.+
THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS'CITY DEPARTMENTS ACTING AS
7 AN INTERDEPARTMENTAL COMMITTEE'AND ARE RECOMMENDED FOR ADOPTION BY THE
PLANNING'COMMISSION IN THE!EVENT THAT VARIANCENO 2004-04600 IS APPROVED. '!
1. That final site, floor, elevation, landscape and fencing plans for the residential structures shall be
submitted to the Zoning Division for review and approval by the'Planning'Commission as a Reports
and Recommendation item.
2 That a plan'for the design of the private street shall be submitted to the City Traffic and
:Transportation Manager for review and approval.
3. That roll-up garage doors shall be shown on plans submitted for building permits. Said doors shall be
ihstalled and maintained as shown on submitted plans.
4. That prior to approval bf the grading plan, the developer shall submit a Water Quality Management
Plan (WOMP) specifically identifying the post construction best management practices thafwillbe
Page 7
Staff Report to the
Planning Commission
March 22, 2004
Item No 3
used on-site to cohtrol predictable pollutants from stormwater runoff. The WQMP shall be submitted
to the Public Works Department, Development Services Division for review and approval.
5. 'That the streets, sanitary sewers and storm drains v/ithin the development shall be privately;.
maintained.
6. `That the vehicular access rights to Mohler Drive shall be released and relinquished to the City of
Anaheim: except atthe intersection of the proposed private sheet.
7, That ali requests for new water services or fire lines, as well as any modifications,'relocations, or
abandonment of existing water servicesand fire lines, shall be coordinated through the Water
Engineering Division of the Anaheim Public Utilities Division.?
8. That since this project has a landscaping area exceeding 2,500 square feet, a separate irrigation
meter sfiall be installed and comply with City Qrdinance No. 5349 and'Chapter 10:19 of Anaheim
? Municipal Code. Said information shai(tie specifically shown'on plans sutmitted for building permits, '
9. > That the legal property ownershall irrevocably offer' to dedicate to the City of Anaheim (Water
Engineering Division) an easement 20 feet in widtfi' for water purposes.
10; That ail existing water services shall conform to current Water Utility Standards. Any existing water
services that are not approvetl by Utility for continued use shall be upgraded to current standards, or
?abandoned by developer. If the existing'services are no longer needed;: they shaA be abandoned by
the developer.
11 That the developer/owner shall provide a detailed water usage analysis and buildrn~ ~~~ans for Public
Utilities Water Engineering review and approval in'determining the adequacy of (`i~~ .; asting water
system to meet the`project's water requirements. Any system improvements sha(be done jn
accordance with Rule No. 15A.6 of the water utility's Rates, Rules and Regulations.
12 That the water backflow equipment shaifbe abpve,ground, outside of the street setback area in a
manner fully screened from all public and private streets. Any other large water system equipment
shall be installed to he satisfaction of the Water Engineering,Division in'either underground: vaults or
outside of the street setback area in a manner fuliy`screened from all public and private streets. Said 'r
information shall be pecifically shown on plans antl approvetl by Water Engineering and Cross
Connection Inspector before submittal for building'permits.
13; That prior to rendering water service, the developer'/owner shall submit a set of improvement plans for
Public Utilities Water Engineering review and approval in detarminingthe conditions necessary for
providingwater service to the'project.
14: That all lots shall be assigned street addresses by the Building Division:
15; That trash storage areas shaltbe 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 areas shall be specifically indicated on scaletl plans (showing storage and
collection areas) submitted for building permits.
16: That approval of this variance is contingent upon the approval of the Tentative Tract Map No; 16632,
i now pending.
Page 8
Staff Report to the
Planning Commissioh
March 22; 2004
Item No. 3
17. That subject propertyshall be developed substantially in accordance with plans and specifications
submitted'to the City of Anaheim by the petitionerarid which: are on file with the Planning Department
::marked Exhibit No. 1'and as conditioned herein.
18. That prior to issuance of a building permit,`or within a period ofone year from the date of this
resolution; whichever'occurs fitst, Condition Nos. ?; 2, 3, 4, 6; 8, 9, 11,..12; 13, 14;15 and 16; above
mentioned,i shall be cdmplied with.
19. That prior to final building and zoning inspections, Condition No. 10 and 17, above-mentioned,'shall
be complied with.
20. That approval of this applicatioh constitutes approva(of the proposed request only to the extent that it
complies with the ,4rraheim Municipal Zoning Code and any other applicable City, State and Federal
regulations: Approval does not include any action of findings as to compliance or approval of the
Yequest regarding any other applicable ordinance, regulation or(requirement.
THE FOLLOWING CONDITION5ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS
AN INTERDEPARTMENTAL COMMITTEEAND ARE RECOMMENDED'-FOR ADOPTION BY THE
PLANNING COMMISSION IN THE EVENT:THAT??ENTATIVE TRACT MAP 16632 IS APPROVED.
1. That prior to final map approval,: all existing structures shall be demolished. The developer shall
obtain a demolitiompermit from the Building Divisions
2. That approval of Tentative Tract Map No. 16632 is contingent upon approval of Variance No. 2004-
04600, now pending.::
3. That a final tract map,to record the division of subject property shall be submitted to end approved by
the City of Anaheim and shall then be recorded in the Office of the Orange County Recorder.
4. That the City of Anaheim Drainage Assessment Fee for the Mohler Drive area shalt be paid. The fee
is currently; $ 2,290/acre. Credit: will be applied for the current: development. The project architect or
engineer shall document the existing impervious area and the'proposed impervious area. If the
imperviousiarea remains the same or decreases, no fee is duea If the impervious area increases, the
fee shall beproportidnal to the increase.
5. .That the City of Anafieim SewerAssessment Fee for the Timken Canyon' area shag be paid. The fee
is currently $ 10,181:00/acre.
6. That a maintenance covenant, shall be submitted to the Subdivision Section and approved by the City
Attorney's office. The covenant shall include provisions for maihtenande of private facilities, including
compliance with the'approved Water Quality Management Plan, and amaintenande exhibit.: The
covenant sfiall be recorded concurrently with the 6hai map.
7, That the legal property owner shall execute a Subdivision Agreement, in a form approved by the City
`Attomey, to complete the required publicimprovements at the legal property owner's expense: Said
agreement shall be submitted to the Public Works Department, Subdivision Section; approvetl by the
City Attomey and City Engineer and then recorded cdncurrentlywith the final map. ';
8. That the vehicular access rights to Mohlerbrive shallbe released and relinquished to the City of
'Anaheim except at the intersection of the proposetl private street.
9. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim (Water
Engineering Division) an easement 20 feet in width for water purposes.
Page 9
Staff Report to the
Planning Commission
March 22, 2004
Item No. 3
10: That all lots shall be assigned street addresses by'the Building Division:
11. That prior to approval of the fihal parcel map, Condition Nos: 1, 2, 4, 5; 6, 7, 8, 9 and 10, above-
mentioned, shall tie complied with.
12: 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 includeany action br findings: as to compliance drapproval of the
requesYregarding'any other applicable' ordinance; regulation or requirement.
THE FOLLOWING CONDITIONS`ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS
AN INTERDEPARTMENTALCOMMITTEEAND'ARE RECOMMENDED FOR'ADOPTION BY THE
PLANNING COMMISSION'IN THE EVENT:THATSPECIMEN TREE'REMOVAL PERMIT NO 2004-
00001:1S APPROVED>
L That the subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the: petitionerand whichplans are on file with the Planning
Department marked Exhibit tJo. 1 except that a total of thirty (30) minimum 36-inch box sized
replacement treesof specimen varieties shall be planted and permanently maintained in a fiealthy
condition on the property. Aplan showing those replacement trees shall be submitted to the Zoning
Division for review and approval.
2'< That the trees approved for removal shall remain until a grading permit. is issued for the construction
of the single-family residences.
31; That prior to the issuance of the final occupancy permit for the first single-family residence,
Condition No. 1,above-mentioned, shall be complied with.
4.' That approval of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim Municipal Zoning Code and any'other applicable City!State and Federal
regulations. Approval does not include: any actioh'or findings: as to compliance or approval"of the
requestYegarding any other applicablebrdinance,' regulation or requirement.
Page 10
FEB. 3.2004 1; 34PM N0. 0668 P, 3
•ATTACHMENT-ITEM N0. 3
PETITIONER'S STATEMENT OF
JUSTIFICATION FOR VARIANCFJCODE WAIVER
(NOT REQUIREb FOR PARKING WAIVER)
REQUEST FOR WAIVER OF CODE SECTIaN:
~.
PERTAINAIG T0:
is required for each Code waiver)
Sections 18.03.04D.030 and ] 8.12.060 ofthe 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;
?. That, because of such special circumsamces, strict application ofthe zoning code deprives the property of privileges
enjoyed by other property under identical zoning classification in the vicinity.
In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to
arrive at a decision, please answer each of the following questions regazding rha property fnr 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 circumstances that apply to the property in matters such as size, shape, topography, location or
suroundings? !Yes ,_ No.
is `;Yes," describe the special circumstances:
z.
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
If your answer if "yes," describe the special c'lrcurnstances: , ~ _ , L_ ~ _ it i .
4. Were the special ci~et3tnsU
owners)? _ Yes d No
EXPLAIN: ~
e so a ose of any variance c
approv which wquld h~ve the of
which i not othe ise a pressly ai
or
3762511ECEMBER 12, 2000
Justifcauon Weiver, do[
created by cavse5 beyond the control ofthe property owner (ot preyieus property
i'
all be to prevent disrsimination, and no variance or Cade waiver shall be
special privilege not shared by other property in the same vicinity and zone
rep lations governing subject properly. Use variances are not percrtitted.
v T
~_ 2
Age~lt aze
CONDITIONAL USE PERMITNARIANCE N0.
VAR N0. 2ao4 - 0 4 6 o U
Are the special circumstances that apply Yo the property different from other properties in rha vicinity which aze in the
same zone as your property? / Yes __ No
ITEM N0. 4
t~~i
SOUTH STREET
w ALDEN PL
z
0
F-
w
w
•-
Q
{-
O
a~ 'I
..L__J ~
DIANA AVENUE -°16o'I ~oo~
VERDEAVE
RS-7200
i DU EACH
A
D
Conditional Use Permit No. 2004-04832 Subject Property
Date: March 22, 2004
Scale: 1" = 200'
Requested By: MARITESS TESS VILLANUEVA Q.S. No. 124
REQUEST TO PERMIT A RESIDENTIAL GROUP CARE FACILITY FOR UP TO
16 ELDERLY RESIDENTS.
2785 East Diana Avenue
1217
VERDEAVE
RS-7200
1 DU EACH
ITliM N0. 4
Staff Report to the
Planning,Commission
March 22; 2004
Item No: 4
4a. CEQA CATEGORICAL EXEMPTION -CLASS 1 (Motion}
4b. r CONDITIONAL USE PERMIT NOi2004-04832 (Resolution)
SITE LOCATION AND DESCRIPTION:'
(1) This rectangularly-shaped, 0.22=acre property has a frontage of 60 feet on the north `side of
'Diana Avenue, a maximum depth of 162 feet and is further located 100 feet west of the
'centerline bf Rio Vista Street (2785 East Diana Avenue -Tess Loving Home).
REQUEST:
(2) The petitioner requests approval of a conditional use permit to permit a residential group
care facility for up to 16 elderly residents under authority of Code Section' 18.04.160:030.
BACKGROUND:
(3) This property is currently developed with asingle-family home and is operated as a
residential care facility for 6 elderly residents. The property is zoned RS-7200 (Residential,
Single-Family) and the General Plan Land Use Element Map designates this property, and
all surrounding properties, for Low Density Residential land uses. There are no priorzoning
actions that.: pertain to;this property.
PROPOSAL:
`(4) The petitioner requests approva(to permit a residential care facility for up o sixteen (16)
elderly residents. A residential orgroup care facility is defined as a building or portion
thereof designed or used for the'purpose of providing 24-hour per day residential living
accommodations in exchange for the payment of money or other consideration, where the
duration of tenancy is"determined, in whole or in part;: by the individual resident's
participation in group or individual activitiessuch as counseling, recovery planning, or
medical or'therapeutic assistande. A residential care facility forseven or more residents is a
permitted use in all residential zones subject to the approval oYa conditional use permit.
Facilities with six or less residents are permitted without a conditional use permit.
sr1146cw.dac
Page 1
: Staff Report to the
Planning,Commission
March 22(2004
Item No. 4
women who may require assistance with remembering to take medication`and with mild
problems involving memory loss; wandering, confusion, irritability, financial management
and emotional disturbances due to loss or change. The facility also provides daily
assistancewith meals and laundry. Lastly; the Commission should note that this facility is
licensed by the California Department of Social Services (current license would be modified
to allow up to 16 residents).
ENVIRONMENTAL'IMPACT ANALYSISi
(9) The Planning Director's authorized representative has determined that the proposed project
falls within he definition of Categorical Exemptions; Section 15301, Class,(1 (Existing
Facilities), as definedin the State CEQA Guidelines and is, therefore, exempt from the
requirement to prepare additional envirdnmental documentation:
' GROWTH MANAGEMENT ELEMENTANALYSISr
(10) The proposed project has been reviewed by affected City departments to determine
whether it conforms with the City's Growth'Management Element adopted: by the City
Council on March 17, :1992. Based on City tall review of the proposed project, it has been
determined hat this project does: not fit within the scope necessary to require a Growth
Management Elementanatysis, therefore,`no analysis has been performed.
EVALUATION:
i (11) This property is currently operated as a residential care facility for a maximum of 6 elderly
residents. The Anaheim Municipal Code does not require a conditional use permit for a
residential care facility;for 6 or less residents. The request to increase the number of
residents alters the use from a permitted use to a contlitionally permitted use. Residential
group care facilities for the elderly, regardless of the amount of residents, require a State
license from the Department of Social Services, Community Care Licensing.
(12) A staff inspection of the site revealed that the property is being maintained in a satisfactory
manner. At the time this report was written,'staff had not received any correspondence from
this neighborhood regarding the proposal ;Howeveq'staff did speak with a resident from
the neighborhood regarding the proposal Once the proposal was explained to the
resident, she indicated that the existing facility (6 or less residents) had been a good
'neighbor.
(13) Plans indicate the existing residence and proposed addition comply with the RS-7200
zoning development standards. Plans also indicate compliance with parking requirements
by providing;an additional outdoor parking space adjacent to the garage (near the main
entrance) for a total of 5 parking spaces. Plans indicate trees and landscaping along he
east side of the driveway, which is currently paved and. used as a parking'space. Initially,
staff was concerned with the proposed parking space however, as proposed, the space
does not encroach into;the fronf25-foot setback and the front yard remains landscaped.
The Commission should note that parking in the fronfsetback, aside fromthe driveway, is
not permitted. Staff recommends' approval of this request to expand an existing residential
group care facility for elderly, not to exceed'16 residents, not including the two managers
that would.: resideoh-site.
Page 3
Staff Report to the
Planning Commission
Marcfi 22, 2004
Item No`. 4
` FINDINGS:
(14) Before thePlanning Commission grants any conditional use permit, it must make a finding
of fact that the evidence presented shows that all of the following conditions exisk:
(a) That the proposed use. is properly bne for which a conditional use: permit is
authorized by he 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 whicfi it is proposed to be located;
(c) That the size and shape of the site for the proposed use is adequate to allow the full
development of the proposed use`in a manner not detrimental to the particular a;:aa
nor to the peace, health; safety, and generafwelfare;
(d) That the traffic generated by the proposed use will not impose arrundue burden
upon the streets and highways designed and'. improvedito carry the traffic in the
area; and
'(e) That the granting of the'conditional use permit under the conditions imposed, if any,
will not be detrimental to the peace, health,`safety and general welfare of the
citizens of the City of Anaheim.
RECOMMENDATION:
(15) 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 presented afthe
..public hearing, the Commission take the following actions:
(a) By motion, determine that the projecPis categorically exempt under Section 15301,
Class 1 (Existing Facilities) of the GEQA Guidelines.
(b) By resolution, approve Conditional Use Permit No. 2004-04832 (to permit a residential
group?care facility for up to 16 residents) based on the following:
(i) That a residential or group care facility with'7 or more residents is a conditionally
permitted use in the RS-7200 Zone;
(ii) That the proposed residential care facility would provide acost-effective, humane
ahd non-institutional environment for elderly persons living with a variety of
illnesses that require daily assistance and as conditioned herein'; would not.
adversely affect adjoining land uses;
(iii) That the size and shape of the property is adequate to allow the proposed
Yesidentiaf care facility without being detrimental to surrounding land uses'as
Page 4 :
Staff Report to the
Planning Commission
March 22; 2004
Item Nc~ 4
residents do not drive and the residence complies with' Code-required parking and
therefore, no parking or traffic impacts wouldoccur;
(iv) That granting.this conditional use permit to allow a residential care facility, under
the conditions imposed would not be detrimental to thepeace, health, safety and
- general welfare of the citizens of the City of Anaheim. '_
THEFOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS
AN INTERDEPARTMENTAL COMMITTEE AND ARE RECOMMENDED FOR ADOPTION BY THE
PLANNING COMMISSIONJN THE EVENT THIS PERMIT I5APPROVED.
1. That all services, including meals, shall be for the residents`at this address (2785 East Diana
Avenue) only.
2. That the petitioner shall provide atwenty-four (24) hour per day, on-site manager who will tie
responsible for responding o any neighborhood concems,regarding the facility.; That the name
and telephone number of the on-site manager shall be kept on file with the Code Enforcement
Division.
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 Engineering Standard Plan Nos: 436,
601 antl 602 pertaining to parking standards and driveway locations.' Subject property shall
thereupon be developed and maintained in conformance with said plans.
4: That the petitioner shall furnish to the Zoning Division a copy of the license, with any attached
conditions, issued by the State of California Department of Social Services, Community Care
Licensing Division authorizing this use' as residential care facility.
5. That no,signs shall be visible off-site identifying this use as a residential care facility.
6: That this facility shall be limited to 16 elderly residents and shall be non-medicaL<
7: That prior to the operation of this business, a valid business license shall be obtained from the
Cityof Anaheim, Business License Division of the Planning Department.
8: That no required parking areas shall be used for storage. The two car garage shall be kept.
available for the parking of two vehicles.
9: That the property shall be permanently;maintained in an orderly fashion by providing regular
landscaped maintenance, Yemoval of trash and'debris, and removal of graffiti within atwenty-four
hour period.
10. That subject property shall be developed and maintained in accordance with plans and
specifications submitted to he City of Anaheim;by the petitioner and which plans are on filein the
Planning Department marked Exhibit Nos. 1 and 2 and as conditioned herein.
11. That prior to commencement of the activity or building permit authorized by this resolution, or
within one (1) yearfrom tne'datebf this resolution., Condition Nos: 2; 3'and 4, above-mentioned
shall be complied with.
Page 5
Staff Report to the
Planning Commissipn
March 22', 2004
Item No: 4
12. Thatprior to final building and zoning inspections, Condition Nos. 7 and 10, above-mentioned,
shall'be complied with.
13. Thatapproval of this application constitutes approval of the proposed request only to the extent
that itcomplies with the Anaheim MunicipatZoning Code'and any other applicable City, State and
Federal regulations. Approval doesnot include: any action or findings as to compliance or
approval of the request regarding any other applicable o~dinance,Yegulation or requirement.
i
Page 6
ITEM N0. 5
f
Z
a
m
tP~
PR~~IP~ OR
Hr.~N%~
VERMO PvR~UE
'b
a
Go
~p
Conditional Use Permit No. 2004-04839
Requested By: DANIEL RODRIGUEZ
REQUEST TO ESTABLISH AN AUTOMOBILE RENTAL AGENCY.
862 South Harbor Boulevard
1256
mi VT~F3:+" c c L~~
o cb5~°Ge~131 MPgH\FtEPVE
OI~P g55
OFFICE P
. ~~
r~~rf` Subject Property
Date: March 22, 2004
Scale: 1" = 200'
Q.S. No. 74
ITEM MO_ S
Staff Report to the
Planning Commission
March 22;2004
Item No. 5'
5a. CEQA'CATEGORICAL EXEMPTION -CLASS 1 (Motion)
5b. ` CONDITIONALUSE PERMIT NOi 2004-04839 (Resolution) :c'.
SITE LOCATION AND DESCRIPTION:
(1) This rectangularly-shaped, 0.13-acre property has a frontage of t31 feet on'the east side of
Harbor Boulevard, a maximum depth of 93 feet and is located210 feet north of the
centerline of Hampshire Avenue (862 South HarbogBoulevard)rr
REQUEST:
(2) The petitioner requests approval of a conditional use permit under authority of Code
Section 18:41.050.020 to establish an automobile rental agencys
BACKGROUND:
(3) This property is currently developed with a residential structure that was converted to an
office use in 1975, and is zoned C0 (Commercial, Office and Professional). The Anaheim
General Plan Land Use Element Map designates this`property for Commercial Professional
land uses. The Anaheim General Plan Land Use Element Map also designates properties
to the north'and south'for Commercial Professional land uses, properties to the west
(across Harbor Boulevard) for Medium Density residential land uses, and properties to the
east for Low Density Residential and uses.
PREVIOUS ZONING ACTIONS
(4) Conditional Use Permit No. 1556.: (to permit an office in an existing residence with waivers
minimum side yard setback, and',required block wall) was granted, in part, 6y the Planning
Commission on August 18, 1975; for a period of two;(2) years. The Planning Commission
granted three (3) subsequent reinstatements (for a total of six (6) years), and on May 5,
1986, granted a final reinstatement and deleted the time limitatiort.
PROPOSAL:
(5) The site plan (Exhibit No. 1) indicates the automobile rental agency would tie established
within an existing 1,121 square foot office building on a 5,673 square foot property.' No
additional square footage or exterior modifications are'proposed in conjunction with this
request,
(6} Vehicle access to this property is'provided via one existing driveway located on Harbor
Boulevard. The site plan indicates a total df 5 existing'on-site parking spaces to the rear of
the converted residence. Code requires a minimum of 5 spacesfor the proposed business
based on the following;:
Area f Oode Requtred ' r Nn of ecesA~~;
Use (Square FeeEl ~ fRark~q Ratite ~ RQC~u~ired ~
r '_ 3 ~: i u ~ ~' s, s: t,x ,. 9 i h. ~ o ~
r` ~, ..,....,~ ., . e., .u: w .~ , .. M ,.,'; aces eG'I,QOOust~~ <~ „...w ,,; ~ . ,.. , ~.
Professional
Office 1,121 4 4.5
Spacesdccupied i
b rental vehicles f 0
?OTAL 1,121 5
' Sr5084jr
Page 1
Staff Report to the >
Planning Commissibn
March 22 2004
Item No: 5
upldrop-off of vehicles. The vehicles would generallype stored off-site; however, vehicles
ready for8ustomer pick-up would be delivered to ttte site for customerYetrieval.
ENVIRONMENTAL IMPACT ANALYSISc'
(11) The Planning Director's authorized representative has determined that the proposed project
_ falls within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing
Facilities), as defined`in the State CEQA Guidelines and is, therefore, exempt from the
requirement to prepare additiohal environmental documentation:
GROWTH MANAGEMENT ELEMENT ANALYSISa
(12) The proposed project has been reviewed by affected City departments to determine
whether it conforms with the Citys Growth'Management Element adopted: by the City
'Council on March 17,.:1992. Based on City staff review of the proposed project, it has been
determined that this project does not fit within the scope necessary to require a Growth
Management Element analysis, therefore, no analysis has been,perrormed.
EVALUATION:
(13) Code permits vehicle rental businesses in the CO Zone subject to approval of a conditional
Use permit.
' (14) The petitioner has indicated that vehicles provided to customers for rental and sale would
be stored off-site, with he exception of onedisplay vehicle for the retail sales agencybffice,
as required by the DMV and permitted by right within this zone,'and one rental vehicle
located on site for customer pick'-up/drop-off. Due to the proximity of single-family
residential uses to the east and the limited size of the property, staff has included a [:
condition of approval allowing a maximum of two (2) vehicles tobe stored on site (one (1)
vehicle for retail sales and pne (1) vehicle for rental customer pick-up/drop-off). Staff has
also included a condition of approval prohibiting advertising or display on either of the
vehicles on site (except as required by the'DMV).
(15) Staff feels that the proposed use is compatible with the area, as the automobiles (other
han the two described above) would be stored off-site, and would serve the nearby resort
area, Because the operation is primarily an office use, staff believes the car rental business
would not adversely affect surrounding landuses. As conditioned, the proposed operation
would not be detrimental to adjacent and surrounding properties,. and therefore staff
recommends approval of this request.
(16) The Code Enforcement Division indicates no active Code violations for this'property.'
FINDINGS:
(17) Before the Planning Commission grants any conditional use permit, it must make a finding
bf fact thafthe evidence presented shows that all of the following conditions exist:
(a) Thaf the proposed use is properly one for which a conditional use permit is
authorized by the Zoning Code, or that said use is not fisted therein as being a'
permitted use;
(b) That the proposed use wilt not adversely affectthe adjoining land uses and the
growth and devalopmentbf the area in which it is proposed to 6elbcated;
Page 3
Staff Report to the
Planning `Commission
March'22, 2004
Item Nd. 5
(c) That the size'and shape of the site for the pfaposed use is adequate to allow the full
developmenfof the proposed use in a manner not detrimental to the particular area
nog to the peace, health; safety, and general welfare;
(d} That the traffic generated by the proposed use will not impose an'undue burden
upon the streets and highways designed and improved'to carry the traffic in the
`area; and
(e) That the granting of the conditional use permit under the conditions imposed, if any,
will not be detrimental to the peace, health,'safety and general welfare of the
citizens of the City of Anaheim.
RECOMMENDATION:
(18) `Staff recommends that, unless'additional'or contrary information is received during the
'meeting; and based' upon the'evidence submitted to the Commission, including tfie
`evidence presented in this staff report, and oral and written evidence presented of the
'public hearing, the Commission take the rollowing actions:
(a) By motion, determine that the project is Categorically Exempt under Section 15301,
Class 1 (Existing Facilities) of the CEQA Guidelines.
(b) ByPesolution approve Conditional Use Permit No. 2004-04839 (to permit an
automobile rental agency) based'on the following:
(i) ' That a vehicle rental business is aconditionally-permitted use within the CO
Zone and that as conditioned herein, the proposed operation would not
adversely affect the adjoining properties or businesses nor tie detrimental to
the peace, health,'safety and general welfare of the particular area.
(ii); That the size and shape of the property; is adequate to allow for the full
development of the proposed use, as conditioned, with no detrimental impacts
to the surrounding area.
(iii) That as'conditioned, no added traffic or parking impacts should occur because
of the low-intensity nature of the proposed vehicle rental business.
THE FOLLOWING CONDITIONS'ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS'ACTING AS
AN INTERDEPARTMENTAL'COMMITTEE'AND'ARERECOMMENDED FOR ADOPTION BY THE
PLANNING COMMISSION IN THE EVENT'THATTHIS PERMIT 13 APPROVED.
1: ' Thatthe proposal shall comply with all signing requirements of a converted residential structure in
the C0 Zone unless a variance allowing sign waivers is approved by the Planning Commission.
2.` That prior to the'operation of the business, a valid business license shall be obtained from the
City: of Anaheim; Business' License bivision.
3: That no required parking area shall tie fenced or otherwise enclosed'or usedfor outdoor storage
uses.:
Page 4
Staff Report to the
i Planning Commission
March 22 2004
`item No: 5+
4. 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'ot occurrence.
5. That 4-foot high address numbers shall be displayed on the7oof in a contrasting color to the roof
material. The numbers shall not be visible from the view of the streefor adjacent properties.
_ Said information shall be specifically shown on plans submitted for Police Department,
Community Services Division approval:
6. That this use shall be limited to a vehicle rental business only. No repair, on-site vehicle
display/sales, washing, detailing or other work shall be performed on the premises.
7. That a maximum cf two (2) vehicles shall be stored on-site outside of the required parking area
(one (1) vehicle for retail sales to comply with DMV licensing requirements and'one (1 ).vehicle for
rental customer pick-up/drop-off).
8. That there shall be no advertising displays permitted on the sales/rental vehicles located on site
(except as required by the DMV for the retail vehicle).
9. That trash storage areas/barrels shall tie stored out of public view.
10. That there shall be no special event permits issued for this property.
1 L That as proposed by the petitioner, the business shall have no more than three (3) on-site
employees and the hours of operation shall not exceed thefollowing: Monday through Friday,
8 a.m. td 8 p.m., Saturday S a.m. to 5:30 p,m. and Sunday 9'a.m. to 8 p.m.
12. r 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 do file
with the Planning Department marked Exhitiit No'.1, and as conditidned herein.
13. That prior to commencement of the activity authorized by this resolution, or withina period of one
(1) year from the date of this resolution; whichever occurs fist, Condition Nos. 12, 5, and 12,
above-mentioned; shall be complied with. Extensions for further time to complete said conditions
may be granted irr accordance with Section 18.03.090 of the Anaheim Municipal Code.
14. That approval of this application constitutes approval of the proposed request only to the extent
that it complies with the Anaheim Muhicipal Zoning Code and any other applicable City] State and
Federal regulations. Approval does not include .any action or' findings as to compliance or
approval'of the request regarding any other applicable ordinance, regulation or requirement:
Page 5
ITEM N0. 6
------------L--------
RM-3000 CUP 2102 ___ RM-1200
---RCL 60-81-OSTOWNHOMES ~ RCL 70-71-17
VAR 3196 " "'-'
RCL 59-60-112
VAR 2215
CL APARTMENTS
RCL 8465-31 300 DU
CUP 2670
.__~ I RCL 8211-83-08 RCL 66 69 50
~ ~ ~~p ~ 12 VAR 2034
APARTMENTS
_L1 ARCADE RS-A-43,000
3000 r j BADEN-POWELL
2-63-01 I I RM-1200 ELEMENTARY
4-7576 I I CL CUP 209 SCHOOL
4-75-16 I I CL RCL 66-67-75 APARTMENTS
2354 7 ~ I RCL 70-71-51 SMALL SHOPS 58 DU
~ CUP 3926
1496 I
HOMES '--~ I VACANT
______~ ~ TTM 16650
BTONYBROOK DR RCL 2004!10115
CL RCL ed9-03 Q ~~-241 RCL 90-91-31
RCL 70-71-51 ~ (Res. of Intent to CL)
RCL 76-79-03 RCL 66-67-62 W . ~ RCL 6S6&11
(Res. of Intent CUP 2355 REST. J o ' .~ CUP 2004-04831
to RS-7200 RS'A-03 0100
VAR 3382 ~ RM 1.200 CUP 3436
VAR 3092 O CUP 379
CL m ~ GPA 2004-00477
RCL 7475-36 VACANT
CUP 1643 MOTEL = GL
CUP 1736 („) so-91a1 RM-1200 =
CUP 1547 Q RCL 671-02 CUP 2142 RCL 61-62-81 °a
CL W CUP 2142 VAR 4322 CUP 209 ~w
RCL 59-60.60 MOTEL m T-v ~~24o3-o4s4s MOTEL APARTMENTS dim
CUP 3260 MOTEL ~ ~
CUP 1843 ~-
S -7200 RS-7200
CL - R 2002
CUP 2003-04774 4 04629 1 DU EACH
RCL 60-61.32 ~ i DU
= T-VAR 2003-04559 ¢
VPR 1229
S ¢ (V-1039) ROME AVENUE
~ W MOTEL
K ~ C9
RCL 60-61-41 CUP 2231 ~_ RS-7200 ~~O
RCL 71-72-35 VMOTEL6 1 DU EACH yT
~T
CL
RCL 80-67-44
CUP 2237 RM-1200
ECONO LODGE RM-1200 RCL 62-63-36
MOTEL RCL 77-78-28 RCL 56-57-33
~^ CL"~ ^ , _ RCL 56-57-33 CUP 37a RS-7200
General Plan Amendment No. 2004-00417 "'' Subject Property
Reclassification No. 2004-00115 Date: March 22, 2004
Conditional Use Permit No. 2004-04831
Tentative Tract Map NO. 16650 Scale: 1" = 200'
Requested By: JOHN WARD Q.S. No. 14
GENERAL PLAN AMENDMENT N0.2004-00417- REQUEST TO AMEND THE LAND USE ELEMENT MAP OF THE GENERAL PLAN REDESIGNA7ING THE
PROPERTY FROM THE GENERAL COMMERCIAL AND MEDIUM DENSITY RESIDENTIAL DESIGNATIONS TO THE LOW-MEDIUM DENSITY RESIDENTIAL
DESIGNATION.
RECLASSIFICATION N0.2004-00115- REQUEST RECLASSIFICATION OFTHE PROPERTY FROM THE R3-A-43,000 (RESIDENTIAUAGRICULTURAL)RND
RM-1200 (RESIDENTIAL, MULTIPLE-FAMILY) ZONES TO THE RM-3000 (RESIDEMIAL,MULTlPLE-FAMILY) ZONE OR A LESS INTENSE ZONE.
CONDITIONAL USE PERMIT N0.200404637 - REGUEST TO CONSTRUCT A 7-UNIT, DETACHED ONE-FAMILY RESIDENTIAL CONDOMINIUM SUBDIVISION
WITH WAIVERS OF: (A) MINIMUM DISTANCE BETWEEN BUILDINGS
(B) MINIMUM STRUCTURAL. SETBACK ADJACENT TO A LOCAL STREET
(C) MINIMUM STRUCTURAL SETBACK ADJACENT TO AN INTERIOR LOT LINE
(D) MINIMUM REQUIRED RECREATIONAL LEISURE AREA
TENTATIVE TRACT MAP NO. 76650 -REQUEST TO ESTABLISH A 1-LOT, 7-UNIT DETACHED AIRSPACE RESIDENTIAL CONDOMINIUM SUBDIVISION.
736 South Beach Boulevard and 2966 West Stonybrook Drive 1216
Staff Report to the
Planning; Commissioh
March 22;2004
'item No. 6'
6a. CEQA NEGATIVE DECLARATION
6b.' GENERALPLANAMENDMENT NO 2004-00417
'6c. RECLASSIFICATION NO.2004-00115
6d. CONDITIONAL USE PERMIT N0 2004-04831 ` (Motion for continuance)
6e. TENTATIVE TRACT MAP N0.16650
SITE LOCATION AND DESCRIPTION: ?
(1) This irregularly-shaped; b.64-acre`property is located at the southeast comer of Beach
Boulevard and Stonybrook Drive;. having frontages of 1.10 feet pri the east side of Beach
Boulevard and 241 feet' on the south side of Stonybrook Drive (736 South Beach Boulevard
and 2966 West Stonyti~ook Drive):
.REQUEST:
f (2) The petitioner requests approval bf the following;
General Plan Amendment No. 2004-00417 - to amend She Land Use Element Map of the
General Plan ~edesignating this property from the General Commercial and Medium Density
Residential designations to the Low-Medium bensity Residential designation.
Reclassification No. 2004-00115 -ao reclassify this property from the RS-A-43,000
(Residential/Agricultural) and RM-1200 (Residential, Multiple-Family) zones o the RM-3000
(Residential, Multiple-Family) or less intense zone.
Conditional Use Permit No. 2004-04831 - to construct a'7-unit detached one=family
residential airspace condominium`subdivisidn underauthority of Code Section No.
.18.31.050.090 with waivers,
Tentative Tract Map No. 16650 - to establish` a 1-lot, 7-unit detached residential airspace
condom inium'subdivisioh.
BACKGROUND:
{3) This. property currently consists of two vacantproperties and is zoned RS-A-43,000 and RM-
1200. The Anaheim General Plan'Land Use Map designates these properties for General
Commercial and Medium Density,Residential land uses; respectively.
(4) Mc John Ward, representing the property owner, has submitted the attached letter, dated
March 16, 2004, requesting atwo-week continuance to the April 5; 2004, Planning
Commission meeting in'order to complete a sewer study to be reviewed by he Publid Works
Department; Development Services Division;
RECOMMENDATION:
'{5) Staff recommends that the Commission, by motion, continue this item to the April 5, 2004,
meeting as7equested by he petitioner.
Sr3064_ey.doc
Page 1
MRR 16 '04 16:13 FR
TO 17147655280 P.02/02
ATTACHMENT -ITEM N0. 6
Memo
To: Elstne Yamhao
tFr®eae John Want
CC: file
B March 16, 2004
Ra 736 Beach Blvd Anaheim, CA
Jo hn 'W an d
~ 3'1
~~, .. '0
,) Sr 74 3J
311 I
Pursuant to our telephone wnversation this morning, please extend the Planning
Commission Hearing until the next meeting on April 5 , 2004. Wean: still awaiting receipt of
the Sewer Report which will be canpleted by Friday March 19'", 2004. This short
pwiponement shall provide the City Engineer and Planning staff sufficient time to complete
their revers and reports prior to the 04/D5/2004 Hearing.
ff you have any questions, please feel free to contaact me at the ahwe number.
Yours truly `
/" ~.
n and
1