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PC 2004/06/02Cll"Y OF ANAFIEINI PLANNINC3 C®MM~SS9®N ADEN®A WEDNESDAY, JUNE 2, 2004 Council Chamber, City Hall 200 South Anaheim Boulevard, Anaheim, California COMMISSIONERS: GAIL;EA3TMAN; PAUL`SO,STINICK,`~LIAVID ROMERO, ,. ~~ a ~., CALL TO ORDER `" ti. ~~, PLANPdING GOMINISSION P~ORNING SESSION .i 7<QQ A.M • ST~F UPD~4T~~f©"COMMISSION ON VARIOUS CITY DEVEL'OPME~`fS'AND ISSUES (AS REQUESTED 5Y - PtANNlNG'=~QMMt5SION)--., „.' • R~RELIMIN%1R`P~LAN~I.~FVIFW°FnR ITFItAS C]N-THF.1(rINF°? ~~nn4 RECESS TO AFTERNOOI RECONVENE TO PUBLIC For record keepin~~purpc complete a speaket•~card PLEDGE OF ALLEGIAPIC PUBLIC COMMENTS 7 - CONSENT CALENDAR PUBLIC HEARING ITEMS ADJOURNMENT 06-02-04 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 on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of this item prior to the time of the voting on the motion unless members of the Planning Commission, staff or the public request the item to be discussed and/or removed from the Consent Calendar for separate action. 1. REPORTS AND RECOMMENDATIONS A. Receiving and approving the Minutes from the Planning Commission Meeting of May 17, 2004. (Motion) 06-02-04 Page 2 PUBLIC HEARING ITEMS- 2a. CEQA NEGATIVE DECLARATION (READVERTISED) 2b. VARIANCE NO. 2004-04607 2c. TENTATIVE TRACT MAP NO. 16683 OWNER: Elisa Stipkovich, Anaheim Redevelopment Agency, 201 South Anaheim Boulevard, Anaheim, CA 92805 AGENT: Cheryl Stump, Brookfield Homes, 3090 Bristol Street., Suite 200, Costa Mesa, CA 92626 LOCATION: 3119 - 3165 West Lincoln Avenue. Property is approximately 2.5 acres, having a frontage of 753 feet on the north side of Lincoln Avenue, located 285 feet east of the centerline of Western Avenue (Presidential Tract). Variance No. 2004.04607 -Request waivers of (a) minimum front yard setback adjacent to an arterial highway, (b) required improvement of public right-of-way, (c) minimum number, type, and design of off-street parking spaces, (d) maximum structural height within 150 feet of a single- family residential zone, and (e) minimum distance between buildings, to construct an "affordable", 1-lot, 28-unit attached condominium complex with a density bonus.' 'Waiver (d) has been deleted. Tentative Tract Map No. 16683 -Request to establish an "affordable' 1- lot, 28-unit airspace attached residential condominium subdivision with a density bonus.' *The density bonus request has been deleted. Continued from the May 17, 2004 Planning Commission Meeting. VARIANCE RESOLUTION NO. Project Planner: David See (d see(o~ a n ahei m. net) sr2152ds.doc Q:S. 8 06-02-04 Page 3 3a. CEQA MITIGATED NEGATIVE DECLARATION Request for 3b. WAIVER OF CODE REQUIREMENT continuance to 3c. CONDITIONAL USE PERMIT NO. 2004-04848 June 14, 2004 OWNER: T. White, LLC & Dartbrook, 18800 Von Karmen, Suite 100, - Irvine, CA 92612 LOCATION: 1515 and 1585 South Manchester Avenue. Property is approximately 13.69 acres, having a frontage of approximately 828 feet on the west side of Manchester Avenue, a maximum depth of approximately 981 feet, located 716 feet north of the centerline of Disney Way. Request to permit office uses in three existing legal nonconforming industrial buildings as follows: Buildings A and C (1515 S. Manchester Avenue) -are proposed to include 183,668 square feet of office uses (business service firms, business agencies and general business offices) in addition to retaining 72,172 square feet of warehouse/manufacturing area; and, Building B (1585 S. Manchester Avenue) - is proposed to include Project Planner: 55,176 square feet of office uses forthe Department of Immigration and Della Herrick Naturalization Services in addition to retaining 12 664 square feet of (dherrickta7anaheim.net) , warehouse/manufacturing area with waiver of minimum number of parking spaces. sr8728(a)dh.doc CONDITIONAL USE PERMIT RESOLUTION NO. O•S. 87 4a. CEQA CATEGORICAL EXEMPTION -CLASS 1 4b. CONDITIONAL USE PERMIT NO. 2004-04839 (TRACKING NO. CUP2004-04849) OWNER: Mike Capelouto, Capelouto Enterprises, 862 South Harbor Boulevard, Anaheim, CA 92805 AGENT: Lucille Kring, 1619 West Loraine 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: Request to amend a condition of approval pertaining to signage fora John Ramirez previously-approved automobile rental agency to permit a monument sign (ioramirez(o~anaheim.net) with waivers of commercial signing for residential structures. CONDITIONAL USE PERMIT RESOLUTION NO. sr5095jr.doc O.S. 74 06-02-04 Page 4 5a. CEQA NEGATIVE DECLARATION 5b. VARIANCE NO. 2004-04608 OWNER: Shahraz Danesh, 26996 La Paz Road, Aliso Viejo, CA 92656 AGENT: Meg Beatrice, 800 East Ocean Boulevard, Suite 105, Long Beach, CA 90802 LOCATION: 676 South State College Boulevard. Property is approximately 0.42-acre, located at the northeast corner of State College Boulevard and South Street. Request waivers of (a) required dedication and improvement of public right-of-way, (b) minimum number of parking spaces, (c) minimum :Project Planner: setback adjacent to an arterial highway, and (d) minimum setback John Ramirez adjacent to a residential zone boundary to construct atwo-unit (ioramirez(ci7anaheim.net) commercial retail building. VARIANCE RESOLUTION NO. sr5096jr.doc Q.S. 113 6a. CEQA CATEGORICAL EXEMPTION -CLASS 1 6b. CONDITIONAL USE PERMIT NO. 2001-04399 (TRACKING NO. CUP2004-04850) OWNER: Walter Shook., 3743 North Greenbrier Road, Long Beach, CA 90808 AGENT: Mark Lally, 731 Monroe Way, Placentia, CA 92870 LOCATION: 2920 East La Jolla Street. Property is approximately 1.12 acres, having a frontage of 155 on the south side of La Jolla Street, located 194 feet west of the centerline of Red Gum Street. Project Planner: Scott Koehm Request to permit an automobile sales auction in conjunction with an (skoehmCa7anahem.net) existing auto body and towing facility. CONDITIONAL USE PERRIT RESOLUTION NO, sr8733gk.doc Q.S. 131 ADJOURN TO MONDAY, JUNE 14, 2004 AT 11:00 A.M. FOR PRELIMINARY PLAN REVIEW. 06-02-04 Page 5 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: ~y Is P.~., . ~ ze, Zoe y (TIME) ( TE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND ( COUNCIL DISPLAY KIOSK SIGNED: ~°'""Y"_' ~ t'Q~""""° If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. RIGHTS OF APPEAL FROM PLANNING COMMISSION ACTION The action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits and Variances shall be considered final unless, within 22 days after Planning Commission action and within 10 days regarding Tentative Tract and Parcel Maps, an appeal is filed. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. ANAHEIM CITY PLANNING COMMISSION In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning Department, (714) 765-5139. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Recorded decision information is available 24 hours a day by calling the Planning Department's Automated Telephone System at 714-765-5139. 06-02-04 Page 6 SCFIE®l1LE 2004 JUNE 14 JUNE 28 JULY 12 JULY 26 AUGUST 9 AUGUST 23 SEPTEMBER 8 (WED) SEPTEMBER 20 OCTOBER 4 OCTOBER 18 NOVEMBER1 NOVEMBER 15 NOVEMBER 29 DECEMBER 13 DECEMBER 27 06-02-04 Page 7 ITEM N0, 2 e RS-7200 1 DU EACH O TYLER AVENUE m r` RS-7200 ~ 1 DU EACH RS-7200 1 DU EACH CL m° oe RM-3000 ~ RCL 0439-14 RCL 63-fi4-9 'gym °n TTM 16683 " ~ CUP 4066 ~ cuP 1656 °,^oi ~~~ ~ RCL 2001-00064 +~ CUP 3564 np 1 u~ pJa VAR 2004-04607 " CUP 3077 ' rc rc' 1 DU EACH [ LA MIRAGE ~ ~ ENTE ~® 285'- ~~_ 753' w z w I- POLK AVENUE LINCOLN AVENUE w z w Q QO K (7 -131 CL ~ cuv iev" °$ ~ u 8m ' d ~ RCL 6F67-09 ~ CUP 2018 cur l]1 ~ ~ . u~ ` s o RCL 5738-19 33 EN E I VAR ZZSZ6 s ~ d> ~ CUP 2083 ~ C R RCL 57 -58-39 ~ T-CUP 2002-04588 p Rt,~-z4oo o T-CUP 2002-04564 ~ RCL 87-6&34 z ou RS-]Z00 ° 2 DU N CUP 2002-04547 Z mN RCL 6s-e6-3z ~ m CUP 2001-04440 Q o° ^ < VAR 3741 VAR 3556 ~ ~ 1DU T-cuP 2ooD-oa2as a m n w m ~T~ CUP 4114 O m^ RS-A-43,x00 1DU RCL 09 -90-36 1DU CUP 3989 ~ ~JJp vACANi RS 7200 VAR 3784 ~¢K°' n 1 DU j 1 DU VAR 2866 1 OU VAR 1236 S ^ Q i2oo ADJ 87-5 m 10U RE~AAieis6 aci eo34e00-v 16eo PCN 97-14 fl Z 1ou ANAHEIM WEST ~ RS-5000 1 DU VAC p RS-7200 SHOPPING CENTER ' . RCL 9 -00-13 ~ 1 DU EACH B ~ VAC RS7200 RCL 2000-00 1 DU Q = oa cd Nw ow West Anaheim Commercial Corridors Redevelo me t P t ~ ~ p n roje c ~~ ~ ® ® 1 DU EACH ~~ ¢Q RM-1700 _- ---- Variance No. 2004-04607 Subject Property Tentative Tract Map No. 16683 Date: May 17, 2004 Scale: 1" = 200' Requested By: ELISA STIPKOVICH, ANAHEIM REDEVELOPMENT AGENCY Q.S. No. 8 VARIANCE NO. 2004-04607: REQUEST TO CONSTRUCT AN "AFFORDABLE", 1-LOT, 28-UNIT ATTACHED CONDOMINIUM COMPLEX WITH A DENSITY BONUS WITH WAIVERS OF: (A) MINIMUM FRONT YARD SETBACK ADJACENT TO AN ARTERIAL HIGHWAY (B) MINIMUM NUMBER, TYPE, AND DESIGN OFOFF-STREET PARKING SPACES (C) MAXIMUM STRUCTURAL HEIGHT WITHIN 150 FEET OF ASINGLE-FAMILY RESIDENTIAL ZONE (D) MINIMUM DISTANCE BETWEEN BUILDINGS TENTATIVE TRACT MAP NO. 16683: REQUEST TO ESTABLISH AN "AFFORDABLE" 1-LOT, 28-UNIT AIRSPACE ATTACHED RESIDENTIAL CONDOMINIUM SUBDIVISION WITH A DENSITY BONUS. 3119-3165 West Lincoln Avenue 1323 ITEM N0. 2 Staff Report to the r Planning'Commission June 2,:2004 Item No 2 2a. CEQA NEGATIVE DECLARATION'. (Motion) 2b. `VARIANCE N0: 2004=04607 jREADVERTISED) ' (Resolution) ' 2c. TENTATIVE TRACT MAP NO. 16683 (Motion) SITE LOCATION AND DESCRIPTION: (1) ; This rectangularly-shaped, 2.5-acre property has a frontage of 753 feef on the north side of Lincoln Avenue, a maximum depth of 147 feet and is located 285 feet east of tfie ' centerline of Western Avenue (3119 -3165 WestLincoln Avenue -Presidential :Tract). REQUEST: ' (2) The petitioner requests approval of the following: Variance No. 2004-04607 -waivers of the following to construct an "affordable" 1-lot, 28- unit attached condominium complex:' (a) SECTION NO/18.04.045.0140 - Minimum front yard settiack adjacent to an arterial highway 35 feet required; 27 feet r proposed) (b) SECTION NO 18.04.080.020 - Required improvement of public right-of- ~ (Electrical utility undergrounding required; none proposed) (c) SECTION NO. 18.06.050.0121 - Minimum number, tvoe,'and design of off- street oarkingsoaces `84 spaces required; 81 proposed) , {d) SECTION N0. 18.31.062.012 - Maximum structural height within 150 of a single-family residential zone'(DELETED) (e) SECTION N0. 18.31.063:024 - Minimum distance between buildings (23 feet required?21 feet proposed) Tentative Tract Mao No. 16683 - to establish an "affordable", 1-lot, 28-unit airspace attached cbndominium subdivision' i `The density bonus'request has been deleted subsequent fo advertisement. BACKGROUND: (3) At the request of the petitioner, this item'was continued from the May 17, 2004, ' `- Commission meeting in orderto advertise an additional waiver pertaining to improvement of pubiic`right-of-way. (4) This site consists of 12 separate parcels and is developed with one single family (tome (11 homes have been recently demolished) and is zoned RM=3000 (Residential, Multiple Family). The Anaheim General Plan Land Use Map designates this property fpr Low- e: Medium'Density Residential land uses. This property is alsoocated within the West Anaheim Commercial Corridors Redevelopment Project Area: sr2152ds .'page 1 Staff Report to the' Planning Commission June 2;'2004 Item NpS2 (5): Surrounding General Plan land use designations are as follows: ;Direction - ~ ~-..-.:: "` „~ "~'~~~ ~GeneralPlan:Desi riation' ."~ ,. . North across artalle Low Densi `Residential East and South(across LincolmAvenue t General Commercial West Low-Medium Densi Residential DEVELOPMENT PROPOSAL: (6) The petitioner proposes to combine 12 existing single family residential parcels into one parceland construct a 28-unit attached condominium complex. The tentative map and site plan (Exhibit No. 1) indicate that behicular access to the development wouldbe provided from a public alley ih the rear:' Each residence would include atwo-car garage. A total bf 14 driveway spaces and 25 open guest parking spaces would be provided adjacent to the dwelling units. No entry gates are proposed: (7) ' Plans show ten separate condominium buildings'consisting'of 2 and 3-unit buildings. Each building is designed with the main unit entrances facing either an interior courtyard or Lincoln Avenue: (8) ; Pions indicate the following project characteristics: 'Code StandaFds ~ " ~~` ~ ~ ~ Cade Requirerrienfs Proposed Proje4t ~ ~, s~~. c a~, s ax~~~ 't ' `~ r,s i a ~S ` ~ ~' .~; f~ -~-~~&.~'> ~ ~ ~ ~ , C ,..~ s.~;-~H ..~. r . .~- , of .,, ; , ,,..5 ,4.:, .. ., , - Density 36 units~@ 14.5 DU's per acre ~ 28 units @ 19.2 DU's per acre maximum'.: Lot Covers e' ; 40 ercenfmaximum 28 eroent Structural height 1-story permitted within 50 feet 2-story;tlwelling`units proposed.'. of asingle-family zone 50-60 feet from the bcunda sin le-famil zonebounda Parking Spaces Minimum 84 parking spaces > 81.parking'spaces 56 covered 56 covered' Setback adjacent to Lincoln Minimum 35 feet landscaped; ` 27 feet; landscaped planter Avenue one tree per 20 linear feet 'with 48 Vees 37 Vees t Interior setbacks adjacent to east Minimum i 6 feet ?16 to 28 feet and west property lines (adjacent to an apartmeht complex and single famil home in the'RM-3000 zone Recreational Leisure area Minimum 28,000: square feet 33,280. square feet total - total -1,000 square feet per 1,188;square feet per unit unit provided in common area, balconies and''stios `: In addition to the 56 garage spaces, 14d riveway spaces and 25Lncevered guest spaceswould also tie provided, for'.: an overall total of 95 spaces. However,; a parking waiver Is being requested because the ddveway spaces pnnot be '. counted towards Code requirements. (9) Floor plans (Exhibit Nos. 2 - 4) indicate that all units are two=story, 3 bedroom, 2.5 bathroom units with Floor areas ranging: between ,7,340 andi1,503 square feet. Code requires a minimum of 950 square fee€for three bedroom units. Plans indicate a' 2-car garage, kitchen, living/dininglroom, entry, bedrooms, closets, laundry`area in the garage, ; bathrooms, trashbarrel storage, and fiallways for all of the units. Theffloor plansalso Page 2 Staff Report to the Planning, Commission :`.June 2,'.2004 Item No 2 show a patio and balcony for each of the units. Following is a summary of the three dwelling unit types: Unit AIo of ~ Sq Ft No of s ' "' No of ~~ _„ . _ ., , . ~ „llnrts.,~ r =' ,~ ,a„ .'' ..'. , 8edroamsw~. °" ', ..;Bathrooms., A` 8 1,340; 3 `2.5 B1 8 1,503:! 3 2.5 B2 /B3 12 1,497: 3 2.5 (10) Elevation plans (Exhibit Nos.'5 - 10) indicate 26-foot high condominium buildings with a Spanish`Colonial architectural style. Materials would consist of stucco'walls, contrasting white and earthtone colors, gable roofswith brown's' tile, main entryway column ' elements, projecting balcony elements with wood balusters; raised foam pediments, and wood shutters. Architectural'telief is provided through the use of projecting columns, recessed and cantilevered balconies and windows, and various projecting walls to break ' up the building mass. The colored elevation plan indicates a'three-color scheme consisting of white'and beige smooth stucco wallswith brown or rust-colored trim and accents: (11)' The conceptual landscape plans (Exhibit Nos. 11 and 12) indicate alternating Mexican Fan Palms and Tipuana Tipu`5treet trees every 30 feet within the right-of-way adjacent to 1 Lincoln Avenue in accordance with the Lincoln Avenue Corridor Master Plan. The plan I also shows 19 Eucalyptus Torquata trees, 4 Jacaranda trees; 16 London Plane trees, and 10 Australian Willow trees, for a total of 49 trees, within the front setback adjacent to Lincoln Avenue (minimum 38 rees required). The; plan also shows London Plane and Australian Willow trees around the perimeter of the interior courtyards, 8 Peppermint trees along the west property line adjacent to a single family home, and 28 Australian Willow trees adjacent to the public alley in the rear: The plans do not indicate shrubs and groundcover. Therefore, staff recommends that final landscape plans tie submitted to the Zoning: Division for review. ENVIRONMENTAL IMPACT ANALYSIS: (12) Staff has reviewed the proposal and the Initial Study (a copy of which is available for review in the Planning Department) and'finds no significant environmental impactand, therefore, recommends that a Negative Declaratioh be approved upon a finding by the Planning Commission that the Negative'Declaratioh reflects'the independent judgment of the lead agency; and that it has considered the proposed Negative Declaration together with any'comments received tluring the'public review process and further finding on the basis of'the Initial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the'environment. GROWTH MANAGEMENT ELEMENT ANALYSIS: (13) ; 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 an March 17, 1992. Based on'City staff review of the proposed'project, if has been determined that this project does oot fit within the scope necessary to require a Growth'Management Element analysis, therefore, rro analysis has been performed. '.Page 3 Staff Report to the Planning Commission June 2;'2004 Item No. 2 'EVALUATION: (14) The project site contains twelve of the sixteen parcels identified as Site No. 20 of the West Anaheim Area within'the Housing Elemenfwith a density range'of 10 to 13 units per! acre. The subject 2.5-acre site couldaccommodate from'25 to 32 units. Thus, the proposed 28 units would result in an increase inthe City's housing stock and would be consistent with the Housing Element. (15) The petitioner requests a 28-unit condominium subdivision`at a density of 11.2 dwelling unitsper acre. This proposed density;would be`consistenYwith the General Plan land use designation of Low-Medium Density Residential which allows up to 18 dwelling units per acre. Moreover, the project would convert existing blighted residential properties into a highquality, attractive, for-sale affortlable housing projectwhich would be compatible with the adjacentsingle family homes o the north. (16) Waiver' (a) pertains to minimum front yard setback adjacent to an arterial highway. Code currently requires a structural setbackbf 35 feetadjacent to Lincoln Avenue and 27 feet is proposed for the townhouse buildings adjacent tc Lincoln Avenue. To justify his waiver, the petitioner has submitted the attached.: Justification Form indicating that the average setback'exceedsthe required 35 feet. The site plan indicates the setback would range between'27 feet and'85 feet, for an average setback'of 56 feeta Since the average'.: setback and recreational-leisure area'exceeds Code requirements, staff recommends approval of this waiver. Moreover, the pending revised Zoning Code (ordinance' introduced by City Council on May 25,.:2004) would reduce the required setback from 35 feet to20 feet. (17) Waiver (b) pertains to required improvement of the public right-of-way. Code requires that electrical utilities be placed underground and dedicated to the City of Anaheim in accordance with the requirements of the Utilities General Manager prior to issuance of occupancy permits and no undergrounding is proposed. Ttte petitioner has submitted the attached Justification Form indicating hat the existing overhead electrical facilities are provided from the public alley in the rear and that it would not be feasible to underground these overhead lines in conjunction with this request, and further that the existing overhead facilities currently provide service to the residents to the north and undergrounding for the proposed project would require substantial reconfiguration of overhead electrical service.': The Public Utilities ahd Community Development Departments concur with this underg~oundino waiver request. (18) Waiver (c) pertains to minimum number, type, and design of of-street parking spaces. Code requires 8d'spaces and 81 spaces are proposed. in addition to the 81 spaces being proposed (56 garage'spaces and 25 guestspaces), the site ptah also shows 14 additional driveway spaces ih front of the garages along the public alley in the rear. Though the Code does not'permit these driveway spaces to be counted as required spaces in the "RM" zones, the Traffic and Transportation Manager believes thatahe spaces should be includedih the overall parkingcount from a practical and functional standpoint. Therefore, since a total of95 spaces would actually be provided 11 spaces over the requirement), staff recommends approval of this waiver. (19) Waiver (d) pertains to maximum structural heighfwithin 150 feet of single-family'zone. Since the condominium buildings would be setback at (east 50 feet from the shgie-family residential zone boundary to the north, this waiver has been deleted. Page 4 :Staff Report to the Planning Commission 'June 2,'2004 :Item No: 2' (20); Waiver (e) pertains to minimum distance; between buildings. Code requires a minimum distance of 23 feet between buildings and 21 feet is proposed: This is due, in part; by the large width but shallow lot depth of the property that limits building placement and forces the units to be wider with less,depth. The site plan; however,'??indicates that due to the perpendicular orientation of the condominium buildings, a very small percentage of the building walls would be constructed at a distance of 21 feetapart. Moreover, this'waiver _ has been granted for similar projects under the same zone classification and therefore, staff recommends`a rovaf of this waiver request. (21) The Community Development'Departmenthss submitted the attached memorandum > stating that the developer, Brookfield Homes has been negotiating with the Anaheim Redevelopment Agency for the development of a combination affordable and market rate, for-sale condominium units. A developmenf and disposition agreement wil(tie considered by the Agency and: City Council at a future public hearing. The Community r Development Department concurs with Planning Departmentstaffs recommendation for approval: FINDINGS: (22) j Section 18.06.080 of the parking ordinance sets forth the following findings which are required'to be made before the parking waiver is approved by the Commission: (a) That the waiver, under the conditions imposed, will not cause fewer off-street parking spaces to be provided forsuch use tfian the number of such spaces' necessary to accommddate all vehicles attributable to such use under the normal and reasonably foreseeable cohtlitions of operation of such use; and (b) That the waiver, under the conditions imposed, will not increase the demand end competition for parking spaces upon the public streets in the immediate vicinity of the proposed use; and (c) That the waiver, under the conditions imposetl, will not increase the demandand competition for parkingspaces upon adjacent private property in the immediate vicinity of the proposed use; and (d) That the waiver, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for such use; and a (e) That the waiver, under the conditions imposed, will not impede vehicular ingress to or`egress from adjacenfproperties Lpon the public streets or alleys in the immediate vicinity of the`proposed use. r Unless conditions to the contrary are expressly imposed upon the granting of any waiver pursuant to this Section by the Commission, the granting of any such waiver shall tie deemed contingent upon operation of such use in conformance with the assumptions relating to the operation and intensity of the use as contained' in the parking demand letter that formed the basis for approval of said waiver. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions as contained in the parking demand letter shall be deemed a violation of the express conditions imposed upon said waiver .which shall subjecbsaid waiver to termination or modification :pursuant td the provisions of Sections 18.03.091'and 18.03:092 of this Code. Page 5 Staff Report to tha Planning Commission June 2,.2004 Item No. 2 (23) When'practical difficulties or unnecessary hardships resulffrom strict enforcement of the '' Zoning Code, a modification maybe granted for the purpose of assuring that no property, i; because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by otherproperties'in the same vicinity and zone. The sole purpose of anycode waiver is to prevent discrimination and none sftall be approved which would have the effect ofgranting a special privilege not'shared byother similar properties. Therefore, before any code waiver is granted bythe Planning Commission, it shall be shown. (a) That there are special circumstances applicable to the property uch as size, shape, topography, location or surroundings, which' do not apply to other identically zoned properties in tfie vicinity; and (b) That strict application cf the Zoning Code deprives the property: of privileges enjoyed bybther properties under identicalzoning classification' in the bicinity. (24) The State Subdivision Map Act (Government Code, Section 66473.5): makes it mandatory to include in all motions approving, or recommending approval of a tract map, a! specific finding: that the proposed'Subdivision ogether with its design and improvement is consistent with the City's General Plan: Further, the law requires that the Commission/Council make any of the following, findings when denying or recommending denial of a tractmap: 1. That the proposed map is not consistent with applicable General and Specific Plans. 2. That the design or improvement'of the proposed subdivision is not consistent with applicableGeneral and Specific: Plans. 3. That the site is not physically suitable for the type of development. 4. That the site is not physically suitable for the proposed density of development. 5. That the design of the subdivisipn or the proposed improvements are likely to cause substantial environmentafdamage or substantially and'avoidably injure fish or wildlife or their habitat. 6. That the design of the'subdivision or the type of improvements is likely to cause serious public health problems. ' 7. That the design of the'subdivision or the type of improvements will conflict with easements„acquired by the public at large; for access through or use of property within the proposed subdivision.` RECOMMENDATION: (25} 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'at the publid hearing, the Commission aporove the petitioner's request by adopting the attached resolution for Variance No.' 2004-04607 and motion excerpt for Tentative Tracf Map No. 161183 including the findings contained therein: . Page 6% MEMORANDUM ATTACHMENT -ITEM N0. 2 City of Anaheim Community Development Department DATE: April 2, 2004 TO: David See, Planning Department FROM: Mark Asturias, Community Development SUBJECT: PRESIDENT'S TRACT AFFORDABLE HOUSING PROJECT The Anaheim Community Development Department is negotiating with Brookfield Homes the development of a for-sale affordable and market rate project. The site is located between Grand and Western on the north side of West Lincoln Avenue. A development agreement will be submitted to the Redevelopment Agency and City Council for consideration and approval in May 2004. Entitlements for the proposed affordable housing project will be a component requirement of the agreement. Brookfield has agreed to act at the Agency's agent and submit a petition for a tentative tract map to subdivide the site for development. The petition for a tract map was submitted to your office on March 30, 2004 and this memorandum should be inducted in the submittal to provide evidence of the Agency's intent to develop an affordable housing project. Should you have any questions please contact me at extension 4315. Thank you E:NOCSIAOMIMMEMOS~MAM440?A.DOC RESOLUTION NO. PC2004-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR VARIANCE NO. 2004-04607 BE GRANTED, IN PART (3119 - 3165 W EST LINCOLN AVENUE) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Variance for certain real property situated in the City of Anaheim, County of Orange, State of California described as: LOTS 5 THROUGH 16 OF TRACT NO. 1820, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGES 31 AND 32, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 2, 2004, at 1:30 p.m., notice of said public hearing having been duly given as required bylaw and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the petitioner proposes to construct an "affordable" 1-lot, 28-unit attached condominium complex with the following waivers: (a) SECTION NO. 18.04.045.0140 - 'Minimum front yard setback adjacent to an arterial highway (35 feet required; 27 feet proposed) (b) SECTION NO. 18.04:080.020 - Recuired improvement of public right-of-way (Electrical utility undergrounding required; none proposed) (c) SECTION NO. 18.06.050.0121 - Minimum number type, and design of off-street parking spaces (84 spaces required; 81 proposed) (d) SECTION NO. 18.31.062.012 - Maximum structural height within 150 of a sinole- family residential zone (DELETED) (e) SECTION NO. 18.31.063.024 - Minimum distance between buildings (23 feet required; 21 feet proposed. 2. That the above-mentioned waiver (d) pertaining to maximum structural height within 150 of a single-family residential zone is hereby denied on the basis that it has been deleted subsequent to advertisement. 3. That waiver (c) for minimum number of parking spaces is hereby approved based upon the determination of the City Traffic and Transportation Manager that the proposed number of parking spaces would be adequate based upon operation of the use in conformance with the assumptions and/or conclusions relating to the operation and intensity of use as contained in the parking demand letter, and further that the actual number of spaces being proposed from a functional standpoint exceed Code requirements. C R\PC2004-0 -1- PC2004- 4. That waivers (a), (b), and (e) are hereby approved based on the special circumstances of this property due to its narrow depth and long width, making compliance with these Code standards difficult, and further that the average front setback exceeds Code requirements. 5. That ""*" indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to construct an "affordable", 1-lot, 28-unit, attached condominium complex with waivers of: (a) mirttmum front yard setback adjacent to an arterial highway, (b) required improvement of public right-of-way, (c) minimum number, type, and design of off-street parking spaces, (d) maximum structural height within 150 feet of asingle-family residential zone, and (e) minimum distance between buildings; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgement of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Variance, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That the developer shall install minimum 24-inch box sized trees on 30-foot centers in the parkway or in tree wells (minimum 52-inch square) in the public right-of-way along Lincoln Avenue in accordance with the Lincoln Avenue Corridor Master Plan. Said information shall be specifically shown on plans submitted for Community Services, Public Works, and Planning Department approval. The entire parkway shall be irrigated by a system supplied from the development. 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 or alley. Installation of any gates shall conform to Engineering Standard Plan No. 609. Said requirements shall be subject to the review and approval of the City Traffic and Transportation Manager. Said information shall be specifically shown on plans submitted for building permits, 3. That trash truck access shall be provided and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said access shall be specifically shown on plans submitted for building permits. 4. That the property owner/developer shall install street lights on Lincatn Avenue and within the project as required by the Electrical Engineering Division. 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. That landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall be shown on plans submitted for building permits. 6. That the locations for future above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be located above ground outside of the street setback area in a manner fully screened from all public streets. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback areas in a manner fully screened from all public streets and alleys. Said information shall be shown on plans and approved by Water Engineering and Cross Connection Control Inspector before submittal for building permits. -2- PC2004- 7. That since this project has landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed and shall comply with City Ordinance No. 5349 and Chapter 10.19 of the Anaheim Municipal Code. Said information shall be shown on plans submitted for building permits. 8. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division and in accordance with approved plans on file with said Department. Said storage areas shall be designed to be architecturally compatible with the design of the residences, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of he storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum 1-gallon size clinging vines planted on maximum 3-foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits for Planning Department and Public Works Department, Streets and Sanitation Division approval. 9. That a plan sheet for solid waste storage, collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division for review and approval. 10. That roll-up garage doors shall be shown on plans submitted for building permits. Said doors shall be installed and maintained as shown on submitted plans. 11. That all air conditioning facilities and other ground-mounted mechanical equipment shall be property shielded from view and the sound buffered from adjacent residential properties. Such information shall be specifically shown on the plans submitted for building permits. 12. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened by architectural devices andlor appropriate building materials. Said information shall be specifically shown on the plans submitted for building permits. 13. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. 14. That clothes washer and dryer hookups shall be incorporated into each condominium dwelling unit and shat) be shown on plans submitted for building permits. 15. That final detailed landscape and irrigation plans shall be submitted to the Zoning Division for review and approval, Said landscape plans shall show minimum 24-inch box sized trees, shrubs, groundcover and vines to be planted in layers in common areas, and trees on maximum 20-foot centers and earthen berms along the Lincoln Avenue street frontage. All trees shall be properly, professionally, and permanently maintained to ensure mature, healthy growth. Any decision by staff regarding said plan may be appealed to the Planning Commission as a Reports and Recommendation item. 16. That Variance No. 2004-04607 is hereby granted subject to the approval and recordation of Tentative Tract Map No. 16663, now pending. 17. That prior to application for water meters, fire line or submitting the water improvement plans for approval, the developer/owner shall submit to the Public Utilities Water Engineering Division an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system improvements required to serve the project shall occur in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules and Regulations. 1 S. That all 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 Water Engineering Division of the Anaheim Public Utilities Department. -3- PC2004- 19. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval in conformance with the current version of Engineering Standard Plan Nos. 436 and 601/602 pertaining to parking standards and driveway location. Subject property shall thereupon be developed and maintained in conformance with said plans. `" " 20. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. 21. That plans shall be submitted to the Ciry Traffic and Transportation Manager for his reviewand approval in conformance with the Engineering Standard No. 137 pertaining to sight distance visibility for the sign or walllfence locations.. 22. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 12, and as conditioned herein. 23. That prior to issuance of certificate of occupancy, the applicant shall: • Demonstrate that all structural BMPs described in the Project WOMP have been constructed and installed in conformance with approved plans and specifications. e Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the Project WQMP • Demonstrate that an adequate number of copies of the approved Project WOMP are available onsite. • Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. 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, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 19 and 21 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. 25. That prior to final building and zoning inspections, Condition Nos. 22 and 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 Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 2, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.03, "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRPERSON, ANAHEfM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) -4- PC2004- I, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on June 2, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: - NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of 2004. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -5- PC2004- City of Anaheim PILAIiTIVdI~iG ~1Efl~AR'I'MEiii')(' June 2, 2004 [DRAFT] Elisa Stipkovich, Anaheim Redevelopment Agency 201 South Anaheim Boulevard Anaheim, CA 92805 Following is an excerpt from the minutes of the Anaheim City Planning Commission meeting of June 2, 2004. 3a. CEQA NEGATIVE DECLARATION 3b. VARIANCE NO. 2004-04607 (READVERTISEDI 3c. TENTATIVE TRACT MAP NO. 16683 OWNER: Elisa Stipkovich., Anaheim Redevelopment Agency, 201 South Anaheim Boulevard, Anaheim, CA 92805 AGENT: Cheryl Stump, Brookfield Homes, 3090 Bristol Street, Suite 200; Costa Mesa, CA 92626 LOCATION: 3119 - 3165 West Lincoln Avenue. Property is approximately 2.5 acres, having a frontage of 753 feet on the north side of Lincoln Avenue, located 285 feet east of the centerline of Western Avenue. VARIANCE NO. 2004-04607 - Request to construct an "affordable", 1-lot, 28-unit, attached condominium complex with waivers of: (a) minimum front yard setback adjacent to an arterial highway, (b) required improvement of public right-of-way, (c) minimum number, type, and design of off-street parking spaces, (d) maximum structural height within 150 feet of a single- family residential zone, and (e) minimum distance between buildings. TENTATIVE TRACT MAP NO. 16683 -Request to establish an "affordable" 1-lot, 28-unit, airspace attached residential condominium subdivision. ACTION: Commissioner ********** offered a motion, seconded by Commissioner *********** and MOTION CARRIED (Commissioner ********** absent),-that the Anaheim City Planning Commission has reviewed the proposal to establish an "affordable" 1-lot, 28-unit, airspace attached residential condominium subdivision on Lots 5 through 16 of Tract no. 1820, in the City of Anaheim, County of Orange, State of California, as shown on a map recorded in book 51, pages 31 and 32, of miscellaneous maps, in the office of the County Recorder of said County, and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. Commissioner *""*"`* offered a motion, seconded by Commissioner """'*"""" and MOTION CARRIED (Commissioner'********* absent), that the Anaheim City Planning Commission does hereby approve Tentative Tract Map No. 16683 based on the following conditions: That the existing drainage easement shall be abandoned. www.anaheim.nel 200 South Anaheim Boulevard P.O. Box 3222 Anaheim, California 92803 TEL (714) 765-5139 2. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim,__ a fifteen (15) foot wide easement for drainage purposes on the final map to replace the existing drainage easement that is to be abandoned. 3. That prior to issuance of the first building permit, excluding model homes, the final map shall be submitted to and approved by the City of Anaheim and the Orange County Surveyor and then shall be recorded in the Office of the Orange County Recorder (Subdivision Map Act, Section 66499.40). 4. That a maintenance covenant, shall be submitted to the Subdivision Section and approved by the City Attorneys office. The covenant shall include provisions for maintenance of private facilities, including landscaping compliance with approved Water Quality Management Plan, and a maintenance exhibit. The covenant shall be recorded concurrently with the final map. 5. That the legal property owner shall execute a Subdivision Agreement, in a form approved by the City Attorney, to complete the required public improvements at the legal property owner's expense. Said agreement shall be submitted to the Public Works Department, Subdivision Section approved by the City Attorney and City Engineer and then recorded concurrently with the final map. 6. That prior to the issuance of grading permit, the applicant shall submit to the Public Works Department Development Services Division for review and approval a Water Quality Management Plan that: • Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. • Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan (DAMP). • Incorporates Treatment Control BMPs as defined in the DAMP. • Describes the long-term operation and maintenance requirements for the Treatment Control BMPs. • Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMPs. • Describes the mechanism for funding the long-term operation and maintenance of the Treatment Control BMPs. 7. That prior to issuance of certificate of occupancy, the applicant shall: • Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. • Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the Project WQMP • Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite. o Submit for review and approval by the City an Operation and Maintenance Plan for all structural SMPs. 8. That the applicant shall submit street improvement plans to the Public Works Department, Subdivision Section to widen Lincoln Avenue per Public Works Standard Detail 160 and the Lincoln Avenue Master Corridpr Study. The applicant shall .also install street trees, tree wells and irrigation along Lincoln Avenue. Irrigation shall be tied into the on-site system and maintained by the property owner. No additional street right-of-way dedication is required. A Right of Way Construction Permit shall be obtained from the Development Services. , ._. Division for all work performed in the right of way. A bond shall be posted in an amount approved by the City Engineer and a form approved by the City Attorney prior to approval of the final map. The improvements shall be constructed prior to certificate of occupancy. 9. That the applicant shall submit a written request to the Public Works Department, Subdivision Section to petition Southern California Edison and SBC to relocate the power/utility poles (6 total) and cable lines along the project's frontage on Lincoln Avenue. 10. That all remaining existing structures shall be demolished. The legal property owner shall obtain a demolition permit from the Building Division. 11. That all units shall be assigned street addresses by the Building Division. 12. That the developer shall pay the Sewer Capacity Mitigation Fee for the Combined West Anaheim Area, Zone A area. The mitigation fee is currently $199lunit for single family residential developments. 13. That vehicular access rights to Lincoln Avenue shall be released and relinquished to the City of Anaheim. 14. That sanitary sewer and storm drains for this development shall be privately maintained. 15. That private drives within the development shall be privately maintained. Parking shall only be allowed in designated parking stalls. The improvement plans shall either include no parking signs or red curbs to identify this parking restriction. 16. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim an easement far water service mains and/or an easement for large meters and other public water facilities. 17. That if new or upgraded electrical service is required, the property owner/developer shall provide the City of Anaheim with a putilic utilities easement to be determined as electrical design is completed. 18. That prior to final tract map approval, Condition Nos. 1, 2, 4, 5, 6, 8, 9, 10, 11, 12, 13, 15 and 16, above-mentioned, shall be complied with. 19. That approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. Sincerely, Eleanor Morris, Senior Secretary Anaheim City Planning Commission Cc: Cheryl Stump, Brookfield Homes, 3090 Bristol Street, Suite 200, Costa Mesa, CA 92626 Mark Asturias, Community Development Department CRDM.doc ATTACHMENT -ITEM N0. 2 PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: AMC 18.04.045.0140 (A separate statement is required for each Code waiver) PERTAINING TO: MINIMUM FRONT YARD SETBACK ADJACENT TO AN ARTERIAL HIGHWAY. Sections 18.03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver may be granted by the Zoning Administrator or Planning Commission, the following shall be shown: That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully and as completely as possible. If you need additional space, you may attach additional pages. 1. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundings? X Yes T No. If your answer is "Yes," describe the special circumstances: See Attached. 2. Are the special circumstances that apply to the property different from other properties in the vicinity which are in the same zone as your property? X Yes _ No If your answer is "yes," describe how the property is different: See Attached. 3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? X Yes _No If your answer if "yes," describe the special circumstances: See Attached. 4. Were the special circumstances created by causes beyond the control of the property owner (or previous property owners)? X Yes _ No EXPLAIN The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone which is not otherwise expressly authorized by zone regulations governing subject property. Use variances are not permitted. April 15, 2004 Signature Property Own or Authorized Agent Date CONDITIONAL USE PERMITNARIANCE NO. ~,OG~ - ~`~ (aQ~ DECEMBER 12, 2000 ~ ~ rl a } s ~ 1~ ~~t~ ro, I ' w ~'~ SOUTHLAND BUSINESS GROUP p x ~ "1~t tt ~ 3090 Bpstol Street, Sul[e 200 r --~ I ~ Costa Mesa Califomla 92626 J r ! t ~~~ £ ,~ rs ~ ~ Phone 714 427 6868 Fax 714.427.6869 i ` ~ ~~ i~„',I bmokfieldsouthland.com r" st3aorcFlEt® H O M E S i.vE L~.. ^--I [t P.:EnCC PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER Brookfield Homes is requesting a waiver of Anaheim Municipal Code Section 18.04.045.0140 (Minimum front yard setback adjacent to an arterial highway) for Tentative Tract Map 16683. On the proposed site plan, the minimum front setback is 27-feet. The encroachment into the minimum setback was required in order to provide an additipnal 8-foot setback for the parking stalls located to the rear of the site, as requested by the traffic engineering department. Brookfield Homes will mitigate the impacts of the Lincoln Avenue through enhanced landscaping. The average front setback on the proposed site plan meets the 35-foot minimum setback. The proposed site is in compliance with the Anaheim Municipal Code when the average front setback is considered. ATTACHMENT -ITEM N0, 2 PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: 18.040.080 (A separate statement is required for each Code waiver) - -- PERTAINING TO: Underoroundng Electric Utilities Sections 18.03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver may be granted by the Zoning Administrator or Planning Commission, the following shall be shown: That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully and as completely as possible. If you need additional space, you may attach additional pages. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundings? X Yes _ No. If your answer is "Yes," describe the special circumstances: 2. Are the special circumstances that apply to the property different from other properties in the vicinity which are in the same zone as your property? X Yes _ No If your answer is "yes," describe how the property is different: The property is a mid-block site with approximately 750 feet of frontage & 147 feet of depth. 3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? X Yes _No If your answer if "yes," describe the special circumstances: Existing properties served by electrical facilities from an alley are not required to underground electrical service. Were the special circumstances created by causes beyond the control of the property owner (or previous property owners)? X Yes _ No EXPLAIN: Electrical utility service was located in the alley owned by the Citv. The overhead service also provides overhead electrical service to single-family residential neighbors on the north side of the alley. The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone which is not otherwise expressly authorized by zone regulations governing subject property. Use variances are not permitted. Signature of Property Owner or Authorized Agent Date CONDITIONAL USE PERMITIVARIANCE NO. ~`~'- ~~~~ DECEMBER 12, 2000 ~"'°' F:\DDCSUDMIMGENERALUJG4517A.DDC ATTACHMENT -ITEM N0. 2 David See Page 1 of 1 From: Cheryl Stump [CStump@brookfieldsouthland.com] Sent: Thursday, April 15, 2004 5:08 PM To: David See Subject: Parking Waiver: Tract 16683 Dave: Brookfield Homes is requesting a parking waiver of Anaheim Municipal Code Section AMC 18.06.050.0121 (Minimum number, type, and design of off-street parking spaces). On the current plan, Brookfield Homes is providing 88 parking spaces (56 garage spaces, 25 parking stalls, and 7 driveway stalls). The required parking is 84 spaces (3 spaces per unit). According to the RM-3000 code, the 7 driveway stalls are not applicable toward the total project parking count. The total parking provided per code is 81 parking spaces. Traffic Engineering has indicated that they accept the driveway parking stalls towards the parking totals. ~, Please call me if you have any questions regarding this matter. 0 4/15/2004 ATTACHMENT -ITEM N0. 2 PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCEICODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: AMC 18.31.065.011 (A separate statement is required for each Code waiver) .PERTAINING TO: MINIMUM DISTANCE BETWEEN BUILDINGS. Sections 18.03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver may be granted by the Zoning Administrator or Planning Commission, the following shall be shown: That there are special circumstances applicable to the property, including size, shape, topography, location or surcoundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully and as completely as possible. if you need additional space, you may attach additional pages. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundings? X Yes _ No. If your answer is "Yes," describe the special circumstances: See Attached. 2. Are the special circumstances that apply to the property different from other properties in the vicinity which are in the same zone as your property? X Yes _ No If your answer is "yes," describe how the property is different: See Attached. 3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? X Yes _No If your answer if "yes," describe the special circumstances: See Attached. 4. Were the special circumstances created by causes beyond the control of the property owner (or previous property owners)? X Yes - No EXPLAIN See Attached. The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone which is not otherwise expressly authorized by zone regulations governing subject property. Use variances are not permitted. April 15, 2004 Signatur of Property Ow r or Authorized Agent Date CONDITIONAL USE PERMITNARIANCE NO. ~oo~ - O~ Cn O'7 DECEMBER 12, 2000 ~-~~ M t >~G it ' ~ ~ ~ p ~ ~i SOUTHL4ND BUSINESS GROUP ~ ..' ~ d i 3090 Bristol Street, Sui[e 200 r ~ ~ . ~ Costa Mesa, California 92626 7 ~ ~ ~ ~~ Phone 714.427.6868 Fax 714.427.6869 I ~ _ - ``p ~~! 6rookfieldsouthland.com ~~ ®e®olcFl~to H O M E S ~iYC !IlE 4`I!iBICf CE PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER Brookfield Homes is requesting a waiver of Anaheim Municipal Code Section 18.31.065.011 (Minimum distance between buildings) for Tentative Tract Map 16683. The minimum distance between buildings on the proposed plan is 19.3-feet. Brookfield Homes will mitigate any potential privacy intrusion between adjacent buildings through enhanced landscaping and building orientation. ITEM N0. 3 5P 92-2 y SP 92-2 RCL 666761 (73) 1 RCL 66-6761(104) CUP 436 CUP 2776 VAR 29175 . R 62 BY7 L VAR 4352 VILLAGE INN L1 CL 2 GOLOEN SKIES SP 92-2 FAIRFIELO NN SP 92-2 yF RCL fifi-6761(100) S'T M081LEHOME PnRN ~- 1) RCLCUP 2590(1) ~ VAR 2270 'P VACANT OFFICE 9G O RESTA RANT BLDG. F SP 92-2 VAR 3619 RCL 66-6761 (100) pARK INN ~ CUP 3594 INTERNATIONAL - 6+ ^ p N HEIMRESORTa ~ma1~) VAN 3268 % IB iA G , A ~~I.~ ~v~ Q'C'-_~(Iy o~ 'C'- -b 1 (9) T-VAR 266]d4506 CnR0U5EL INN 296}60)95 VAR 811 ANO SUITES V ni p'4 '~JQ M1 d ~ - ~ m Z 5]'4~CY~P'9`Pfi RCL 6E6761 20 ( ) ANAHEIM RE60RT T VAR 30 2 a ~ 4 0 pQ 9`~ O 5fi SPECIFIC PLAN 92 2 VAR 611 tj3jp .(5M1~ T ~ ACL 6667611106) TROPICANAINN RCL 66-67-14 ~ O~Q~4PR ~ Ut p Q~ RCLS&Sfi-24 CUP 20D4-04846 J ~ GGJe h^ ~ e' 3 SP 92-2 ~P p JP RCL 666761 (30) INDUSTRIES ~~ CUP 591 VAR 1929 5 VAR 1333 PARK PLACEINN -2 SP 82-2 L t les) VAR 1155 RGL66.6751 (>) i CUP 933 V-1488 VAR 1355 SP 92-2 RC 666)61 (1~ I VAR 1254 ~ /, yACNOT ~ PARK WE INN • 981,.1, ( /'S~- ~ "// HNAHEIMOESERi SP 962 yqR 1166 INN 650RE5 RCLfiGbl61 (b) PDJ 0040 9 ALRO WAY -9 y VAR 16069 SP 62-2 VqR 3223 (921 R~ ~ F I LUP 316 OUP fi4 ANAHEMBE9T INN 9P 92-1 'P~ 0.CL6E6) fit 160 CUP 316 SP 92-1 N® - ) SP 92-1 CUP 2666 O SP 92-2 RCL 66-6761(27) RLL 6b-6)61 (102) B -f3 SP 92-i BAKERY RCL77-7858 ~' EST WESTERN RCL 6465-112 CUP 41] ANAHEIM INN RCL fib-6761 (27) RCL 666]61 (t08) RCL 64 65 112 CUP 296 VAR 12)3 RCL 56-5167 - - 4 \ 9P e2-1 RCL VAR 3009 CUP 574 565767 RCL 66fi7-0] 106 CUP 3T 1 ) VAR 730 CUP 574 GIST SP92-2 CUP 755 . CHILORENS STORE 9UP 32 - CENTER RCL 6}6/61 (63) VAR 3630 VAR 2167 S CUP 755 LUP 417 VAR 2695 VAR 20745 VAR 20745 CUP ]06 VAR 335 DSNEYLAND DISNEYLAND SP 92-1 RnMAOn MnmGnTE PARKING PARKING qcL )7-)&50 RCL 866)61(100) CUP 2336 SP 92-2 VAR 36]0 VAR 3669 RCL 6fi-fiT61 (66) yqR 2695 VAR )36 LUP 366 RAMA04 MAINGATE 9M. INO. FIRM SP 92-1 RCL bfi-6161 R1) LUP 1064 IAN05CAPE0 SP 92-i LANDSCAPED 9P92-1 SP 92-1 VARP 22115 E49EMENT ftCL 66-6761(106) EASEMENT RCL 66.6761 (106) RGL 6F67-fit (106) CUP 1009 DISNEY WAY - - ~~ Conditional Use Permit No. 2004-04848 Subject Property Date: June 2, 2004 Scale: Graphic Requested By: T. WHITE, LLC & DARTBROOK Q:S. No. 87 REQUEST TO PERMIT OFFICE USES IN THREE EXISTING LEGAL NONCONFORMING INDUSTRIAL BUILDINGS AS FOLLOWS: BUILDINGS A AND C (1515 S. MANCHESTER AVENUE) ARE PROPOSED TO INCLUDE 183,668 SQUARE FEET OF OFFICE USES (BUSINESS SERVICE FIRMS, BUSINESS AGENCIES AND GENERAL BUSINESS OFFICES) IN ADDITION TO RETAINING 72,172 SQUARE .FEET OF WAREHOUSE/MANUFACTURING AREA; AND, BUILDING B (1585 S. MANCHESTER AVENUE) IS PROPOSED TO INCLUDE 55,176 SQUARE FEET OF OFFICE USES FOR THE DEPARTMENT OF IMMIGRATION AND NATURALIZATION SERVICES IN ADDITION TO RETAINING 12,664 SQUARE FEET OF WAREHOUSE/MANUFACTURING AREA WITH WAIVER OF MINIMUM NUMBER OF PARKING SPACES. 1515 and 1585 South Manchester Avenue 1346 Staff Report to the Planning Commissidn :June 2;2004 item No. 3 3a. CEQA MITIGATED NEGATIVE DECLARATION 3b.-'; WAIVER OF CODE REQUIREMENT 3c. ' -CONDITIONAL' USE PERMIT N0:2004-04848 (Motion for continuance) SITE LOCATION AND DESCRIPTION; (1) This irregularly-shaped 13.69-acre parcel has a frontage of approximately 828 feet oh the west side of Manchester Avenue, a maximum depth. of approximately 98T feet and is located 716 feet north of the cehterline of Disney Way and is further described as 1515 and 1585 South Manchester Avenue. REQUEST: (2) Petitioner requests approval of a Conditional Use Permit under authority of Code Section 'Nos. 18.48:020.050.0505 and58.48.070.050.0511 to permit office uses in three existing legal nondonforming hdustriaf buildings as follows: Buildings A'and C (1575 S. Manchester `Avenue) are proposetl to include 183,668'square feet of office uses (business service 'firms, business agencies and general business offices) in addition to retaining 72,172 .square feefof warehouse/manufacturing area; and, Building 8'(1585 S. Manchester` `Avenue) is proposed fo include 55,176 square feet of office uses for the Department of Immigration and Naturalization Services in'addition to: retaining;12,664 square feet of warehouse/manufacturing area with waiver of the following: (a) SECTION NOS. 48.06.050:020.0212 Minimum Number of Required Parkino And 18:06.050:030.031 ;'spaces <°(847 spaces required; 750 spaces proposed) BACKGROUND: (3) The subject property is 13.69-acres and is'developed with three legal nonconforming industrial buildings. The property has been zoned SP92-2 (Anaheim Resort Specifi6Plan No, 92-2)'since September 1994 and is tlesignated for Commercial Recreation landuses in the City df Anaheim General Plah. (4) Michael Hefner, representing the applicant, has submitted the attached letter dated May 24 2004, requesting atwo-week continuance to the June 14, 2004;. Planning Commission meeting. Said letter indicates tftat the subject property has been subdivided and the request for a Conditional Use Permit is now proposed to onlyapply to Building B (the 1585 S. Manchester Avenue property). RECOMMENDATION: (5) Staff recommends that the Planning Commission, by motion, continue this item to the June 44, 2004, meeting as'requestedby the petitioner. Sr8728(a)dh.doc Page 1 05/25/2004 16:32 rD/~' Commercial Brokerage Ono al The Uail Companies ANgNflM METaO OFFlCE 3500 W.DranSCwood que. Orange, Calllefgla szeoa-1o4z MNL1Nn noagFSs P. 0.9az 85003 Mala!irn, Calilomla eza15.5ooa Tal pl4i 5reaaeo Fax (71A) 975.9431 OIIICA91hNUphaat 6outlllra ftli(nmLt 7149780328 May 24, 2004 Ms. Della Herrick Planning Department Ciry of Anaheim 200 5. Anaheim Bivd. Anaheim, CA 92805 VOIT MIKE HEFNER PAGE 02/06 ATTTACHMENT - ITEM N0. 3 Re: 1515-1585 Manchester, Anaheim Dear Della: Pursuant to the recommendation of the Anaheim Planning Department, we are requesting a continuance of the June 2, 2004 Planning Commission Hearing to June 14, 2004, as the subject property has been subdivided and the Conditional Use Permit only applies to 1585 Manchester Ave., Anaheim: Please confirm your receipt of this letter by acknowledging where indicated below. Sincerely, ~~G~ Michael A. He r, SIOR Senior Vice President Receipt Acknowledged: By: pate: ® H:\A Drive\ES\E59486.doc\eea Ilomexlf[ Om[[nl 4pxh[im, AilnnLV, Dallimnrc. NV[a Nn MO, gmmn, ariJS[pen. 91II'IieFmn, ChmMm, Chmin6[. CI¢vr CT~r[. Clllrnpn, Chnln Yixty. ..~ ... ....... ........ :....... a_~,:_ , .:.__ :....i~.._. u_,,.,,,,, r..a;..,.,.u. r...t.,. e.m,.. fiLc In. nnertlce. Mrnmoi.. Mlnml. Mlnn[nmlu. New Ynrk Civ. N[w Nov[n, Odnndn, PR~~1P~ OR HP~%~ 316) CUP 1556 _ ~ p0s6 ~n ` pG~~g1331 ~ SMALL OFFIOE: /~~ m_ ~ 9~3b'~3 (2) O 0. SCUP 033 c0 6y3 4) ui .~fl ~ 0; ~ ~j3 Go L ~ G6~(31 ~ E O ac c°F~ HPMPSHIR~ Pv Rp~,e?^ ~cU a'°asecscu Conditional Use Permit No. 2004-04839 Subject Property TRACKING NO. CUP2004-04849 Date: June 2, 2004 Scale: 1" = 200' Requested By: MIKE CAPELOUTO Q.S. No. 74 REQUEST TO AMEND A CONDITION OF APPROVAL PERTAINING TO SIGNAGE FOR A PREVIOUSLY-APPROVED AUTOMOBILE RENTAL AGENCY TO PERMIT A MONUMENT SIGN WITH WAIVER OF COMMERCIAL SIGNING FOR RESIDENTIAL STRUCTURES. 862 South Harbor Boulevard EPGt Hp,M A 4 1348 'H S~% f 2 a m ITEM N0. 4 'Staff Report to the Planning Commissidn June 2, 2004 `'Item No.4` 4a. CEQA CATEGORICAL EXEMPTION :CLASS 1 ' (Motion) 4b. `CONDITIONAL USE PERMIT N0: 2004'--04839 (Resolution) ,,. (TRACKING NO. CUP2004-04849) SITE LOCATION AND DESCRIPTION: _ (1) This rectangularly-shaped, 0.13-acre property has a frontage of 61 feet on the east side of .Harbor Boulevard, a maximum' depth of 93 feet and is located 210 feet north of the t centerline df Hampshire Avenue; (862 South Harbor Boulevard): REQUEST: (2) The petitioner requests amendment to a condition of approval pertaining to signage for a previously approved automobile rental agency under authority of Code Section 18,03,091, to permit a`rnonument ign with waiver of the following: SECTION NO. 18.05.065.010 Commercial signing for residential structures (Maximum of 8'souare feet permitted; 26'scuare feet existingand proposed) BACKGROUND: (3) This property is currently developed with a residential structure that was converted to an office use in 1975, and is zoned: CO (Commercial, Office and Professional). The Anaheim General Plan land Use Element Map designates this: property fdr 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 east for Low Density Residential land uses and properties to the west (across Harbor Boulevard) for `Medium Density residential land uses. (4) Conditional Use Permit No. 2004-04839 (tp establish an automobile rental. agency) was approved by the Planning Commission on March 22,:2004. ', (5) Resolution No. PC 2004-33 adopted in conjunction with Conditional Use Permit No:2004- 04839 contains the following condition of!approval: "1. That the proposal shall comply with all signing requirements for a residential structure in the CO (Commercial, Office and Professional) Zone which is converted to a commercial use unless a variance allowing sign waivers is approved by the Planning Commission or City Council:' Sr5095jr Page 1 Staff Report to the ' i Planning,Commission `June 2,'2004 Item No. 4 (10) .The petitioner requests deletioh of this condition of approval to establish a monument sign larger than'allowed by code. The granting of the waiver would'effectively!eliminate tfie :need for this condition of approval. Staff has identified three (3) monument signs on! ;properties directly to he south of the subject site. Staff has no'~ecord of approval for any of 'these signs. Because the findings for the requested waiver cannot be matle (as indicated below), staff recommends the Commission maintain this condition as originally approved in Resolution'No. PC2004-33. (11) The requested waiver pertains to commercial signage for residential structures. The Code allows one (1 ). unligfited, freestanding or wall sion, no greater han 8 square feet in area. If freestanding, such sign shall: tie limited td`a monument-type sign or mounted on two':' suooort posts and sftall not exceed a heigfit of five feet. Such sign shall' include the ,'property's numeric street address in minimum six-inch numbers. Plans iritlicate a '.freestanding, double-sided sign with 28 square feet of sign area, per face'and a height of 6 feet, 8 inches. Staff has identified three (3) properties (as indicated in the map below) .'adjacent and directly,to the south of the site that contain businesses operating within'. residential structures and monument signs similar toahe sign requested herein (866;' 872, 'and 874 South Harbor Boulevard). ~` r "" ~` S ', 862 South r ~ r of Harbor ~~ ,~' 1 Boulevard ~, ~-~~ ~ ~' '~ t (Subject Site) s ~~ 866 S ~ ~ ~ ~x „s~~~ ti ~~ Harbor Blvd., ~ " ~' °' ~,~~,~~ v ~~ ~ ~~~ ,~, a 872 S. ~ ~~~~~` fr= 't Harbor Blvd ,`~, t ~~ ~~~~~~ `iN~ r ~ ~f 1 ~ 4 fir, ' ~ ~, ~ ~ ~~~ 1 Y'874 S ~ ~ "_` Harbor Blvd.: ~ ~ ~_ ~~ ~. Vicinity Map Page 3 Staff Report to the Planning Commission June 2;!2004 Item No. 4 ~ <~ ~ ~~„ ' ~"' " ~~ '''~ ,> sr ~ s ~ '~~~~~`~s r s ~' -;< k.~.' ^ r . t a ,k ' i~i, ' r 4 '. q v ' a ~ a' r' ~ ~ 4 ~ 4` ~ ~' g '. A i 'S'"</~ ~ ~ za '~/fi - ' 'f' " l - t . . l G ~~ ~ 4, 3 ~ ~' ~ ` ~~ ? ~ I U~ 'ev'Yyti4 ~ l i h, ~ ~ s . ~ tea;;- ~rf'~' , _ v ;Monument Sign Located at 515 South Harbor Boulevartl , ,5. y n5 rya s '-' «b'. ~, • F ~ ~,, ma S .J ~ ~ k~ , ~ . v'% i ` f ~ Y y I t' t v ev ' ~ ~ r ~~®ra~~~pwe~ ~r z , Monument Sign Located af527 South Harbor Boulevard Page 6 , ; 'Staff Report to the Planning, Commission June 2,.2004 'Item No.4 (15) Although this signage is associated with properties in the vicinity, these properties do not 'share the same characteristics: as the sutiject site as defined in the Code (residential structures which have been converted to'commercial uses where their identity as former 'residences is not clearly evident); and therefore, the above referenced Code section allowing more signage would not apply. (16) Staff believes that because the ignage located on adjacent properties isun-permitted, the :'granting of this variance would have the effect of granting a special privilege not shared by other similar properties; specifically because there are no special circumstances 'applicable to the property sucFi'as size, shape, topography, location or surroundings, which do not applyto other identically zoned properties in the vicinity. Arjditionally the strict application of the Zoning: Code does not deprive the property of privileges enjoyed by other properties under identical zoning classification in the vicinity as the Signs idehtified ton adjacent properties have not been established with the benefit of appropriate City review or approvals,(therefore tall recommends the Commission deny the requested `waiver. (17) :The Code`Enforcement Division indicatesno active Code violations for this property. ENVIRONMENTAL IMPACT ANALYSIS: (18) 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), es defined'in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation: GROWTKMANAGEMENT ELEMENT ANALYSIS: {19) 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 Cpuncil on March 17 1992, Based on City staff review of theproposed project, if has been determined that this project does not fit within the scope°necessary o require a Growth Management Element analysis, therefore, no analysis, has been performed? ? FINDINGS: (20) Before the. Planning Commission grants any conditional use permit, it must make a finding of fact that the evidence presented shows hat all of the following conditions exist: (a) That the proposed use is',properly one for which a conditional use permit is ; authorized by he Zoning,Code, o[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 developmerifof the area in which it is proposed to belocated; (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 tte particular area nor to the peace, health; afety, 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 raffic in the area; and Page 7 Staff Report to the' Planning Commission June 2,:2004 Item No: 4 (e) That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental o the peace, health safety and;general welfare of the citizens of the City pf Anaheim. (21) , Subsection 18.03,092 of the Anaheim Municipal Code provides for the modification or termination of a conditional use permit for one ormore of the following grounds: (a) That the approval was obtained by fraud; (b) That the use`for which such approval is granted is not being exercised within the time specified in sucfi'permit; (c) That the use for which such approval was granted has`ceased td exist or has been suspended or inoperative for any!~eason for a period of six (6) consecutive months dr' 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 eny statute, ordinance, law or regulation; (e) That the use for whicKthe approval was granted has been so exercised as o be detrimental to the putilic health orsafety, or'so as to constitute a'nuisance;; (f) Tftat the use for which the approval was granted has not been exercised, and that based upon additional'information or due to changed circumstances, the facts necessary to support one or more of the required showings 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 necessaryto protect he public peace, health, safety or general welfare, or necessary to permit reasonable operation under the conditional use permit as granted.. (22) When practical difficulties or unnecessary hardships result from strict enforcement of the Zoning Code, a modificatiortmay be granted for the purpose of assuring that no' property, , because of special circumstances applicable to it; shall be deprived of'privileges ' commonly enjoyed by other properties'in the same vicinity and zone..The sole purpose of any variance is to prevenf discrimination and none shall be approved which would have the effect of granting a special privilege'not shared by othersimilar properties. Therefore, before any variance is granted by the Planning Commissiorr,'itshsll be shown: y (a) That there are specialcircumstanoes applicable to the' property such assize, shape, topography,: location or surroundings, which'do not apply to other identically zoned properties in the vicinity; and (b) That strict application of the Zoning Code deprives the'property of privileges enjoyed by other properties untler identical zoning classification in the vicinity. Page 8 Staff Report to the ;Planning. Commission `June 2;2004 :'Item No. 4 RECOMMENDATION: (23) .Staff recommends that, unless additional br contrary information is received during he hearing, and based upon the evidence submitted tothe Commission, including the evidence`presented'in this staff report, and oral and written evidence presented at the ;public hearing, the Commission denv the`petitioneCs requestby adopting the attached resolution>including he findings contained therein. r (24) Should the Commission wish to approve this request, staff recommends that the item be continued for two weeks in order to incorporate the following conditions,togethertyith the ;`appropriate findings into a resolution for consideration by the Planning Commission'. THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS "AN INTERDEPARTMENTAL COMMITTEE AND ARE RECOMMENDED' FOR ADOPTION BYTHE PLANNING COMMISSION IN THE!EVENTTHAT THIS PERMITJS`APPROVED. L That the sign shall be constructed with a material other han plywood/particle board. A sample of the material shall be submitted to the Zoning: Division for approval prior to issuance of permits for sgnage associated with this request. 2. That only one, unlighted, freestanding or wall`sign, shall be permitted on the premises. Such ign shalt be limited to a monument-type sign or mounted'on two support posts and shall not exceed a height'of 6 feet, 8 inches: Such sign`shall include the property's numeric street address in'minimumsix-inch numbers. <' 3. That prior to the operation of the business, a valid business license shall be obtained from the Cityof Anaheim; Business License'Division. 4. ' That no requiredparking area shall be fenced orotherwise enclosed or used for outdoor storage uses. 5. 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'f~om time of occurrence. 6. That 4-foot high address numbers shall be displayed on the roof in a contrasting color to the roof material. The numbers sfiall not be visible from the view of the street'or adjacent properties. Saidlnformation'shall be specifically hown on plans submitted for Police Department, Community Services Division approval. 7. That this use shall be limitetl to awehicle rental business only. No repair, on-site vehicle ' display/sales, washing, detailing or other work shall be pertormed onthe premises. 8. ` That amaximum of two (2)'vehicles may be stored on-site outside ofthe 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). I 9. r That there shall be no advertising displays permitted on the sales/rental vehicles located oh site (except as required by the. DMV for the retail vehicle). 10. That trash storage areas/barrels shall be stored out of putilic view. 1 T. That no special evenk permits shall be issued for this property. Page 9 Staff Report to theta Planning. Commission June 2' 2004 Item No 4 12. 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 he following: Monday through Friday, 8 a.m, to 8 p.m; Saturday 8 a.m. to 5:30 p,m. and Sunday 9 a.m. to 8 p.m. 13. Thafsubject property shall be developed and maintained'substantially in accordance with plans and: specifications submitted to the'City of Anaheim by the petitioner and which plans are on file with`the Planning Department marked Revision 1 of Exhibit No.1, and as conditioned herein. 14. That prior to commencement of the activity authorized by'this resolution, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos:; 1, 2, 3,'and 6, above-mentioned, shall tie complied'. with. Extensions for further time to complete said'donditions maybe grantedii in accordance with' Section 18:03.090 of the Anaheim Municipal Code. 15. Thafapproval of this application constitutes approval of the proposed request only to the'extent that it complieswith the Anaheim Municipal Zdhing Code and any'other applicable City, State and Federal regulations. Approval does not inclutle any action or findings as to complianceor approval of therequest regarding any other applicable ordinance, regulation or requirement. Page 10 [DRAFT] RESOLUTION NO. PC2004--" A RESOLUTION QF THE ANAHEIM CITY PLANNING COMMISSION DENYING °`° AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL OF CONDITIONAL USE PERMIT NO. 2004-04839 (862 SOUTH HARBOR BOULEVARD) WHEREAS, on March 22, 2004, the Anaheim City Planning Commission, by Resolution No. PC2004-33 approved Conditional Use Permit No. 2004-04839 to establish an automobile rental agency at 862 South Harbor Boulevard; and WHEREAS, said Resolution No. PC2004-33 includes the following condition of approval "1. That the proposal shall comply with all signing requirements for a residential structure in the CO (Commercial, Office and Professional) Zone which is converted to a commercial use unless a variance allowing sign waivers is approved by the Planning Commission or City Council." WHEREAS, this property is currently developed with a residential structure that was converted to an office use in 1975, and is zoned CO (Commercial, Office and Professional); the Anaheim General Plan Land Use Element Map designates this property for Commercial Professional land uses; and is situated in the City of Anaheim, County of Orange, State of California, described as: LOT 35 OF TRACT NO. 1392 JN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 42 PAGES 25 AND 26 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS., the petitioner has requested deletion of a condition of approval pertaining to commercial signage for a residential structure and a waiver of the maximum size of commercial signage for residential structures under authority of Code Section 18.03.092; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 2, 2004, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection., investigation and study made by itself and in its behalf, and .after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the petitioner proposes to remove and reconstruct the existing unpermitted sign on site with waiver of the following: (a) SECTION NO. 18.05.065.010 Commercial signing for residential structures (Maximum of 8 square feet permitted; 28 scuare feet existing and proposed) 2. That the above mentioned waiver is hereby denied on the basis that because the signage located on adjacent properties is un-permitted, the granting of this variance would have the effect of granting a special privilege not shared by other similar properties, specifically because there are no special circumstances applicable to the property such as size, shape, topography, location or surroundings, which do not apply to other identically zoned properties in the vicinity. Additionally, the strict application of the Zoning Code does not deprive the property of privileges enjoyed by other properties under identical zoning CR\PC2004-0 -1- PC2004- (TRACKING NO. CUP2004-04849) classification in the vicinity as the signs identified on adjacent properties have not been established with the benefit of appropriate City review or approvals. 3. That the modification to the condition pertaining to commercial signage for residential structures is not necessary to permit the reasonable operation of the automobile rental agency as this modification would effectively grant a special privilege not shared by other similar properties in the vicinity. 4. That "indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or her 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 additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby deny the request for a signage waiver and request for an amendment to Resolution No. PC2004-33 adopted in connection with Conditional Use Permit No. 2004-04839, on the basis of the aforementioned findings. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 2, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.03, "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, ,Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on June 2, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of .2004. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -2- PC2004- ATTACHMENT -ITEM N0. 4 PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: ~ ~tDS,~~S, D ~o (A separate statement is required for each Cade waiver) PERTAINING TO: `71 ~~ SJ ZE Sections 18:03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver may be granted by the Zoning Administrator or Planning Commission, the following shall be shown: 1. That there are special circumstances applicab]e to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully and as completely as possible. If you need additional space, you may attach additional pages. Are there special circumstances that apply to the property in matters such as size, shape., topography, location or surroundings?=Yes /No. If your answer is "Yes," describe the special circumstances: 2. Are the special circumstances that apply to the property different from other properties in the vicinity which aze in the same zone as your property? /yes _ No If your answer is "yes," describe how the property is different: T,t-L /~1;e~ A S USi,i)~ SS ~S NAVf YY)~rE LAtzrot~. SI~,t15 TNA,J tJB ~~ 2,%l~u&ST.J~t c~usi./c ~t1PAKA7E 72;;ATmv.)i ;~ ~/i< /3LlS/MESS 3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? TYes _No If your answer if "yes," describe the /fL~Ut.J tT ro Be` vGQy J~sig~~ ~ ,,°/a SS&,~s ar. Were the specjal circumstances created by causes beyond the control of the property owner (or previous property owners)? _/Yes _ No EXPLAIN: ,F I S The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone which is not otherwise expressly authorized by zone regulations governing subject property. Use variances are not permitted. ~.z~-~cGGC~ l~r~ ~-a ~ -v S` Siva ut re of Property Owner Authorized Agent Date CONDITIONAL USEPERMITNARIANCENO. ~~~- 0~~.3~ 37626~DECEMBER L, 2000 Justification Waiver. dot ATTACHI~tENT - ITEM N0. 4 RESOLUTION NO. PC2004-33 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04839 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, Ccunty of Orange, State of California, described as: LOT 35 OF TRACT NO. 1392 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 42 PAGES 25 AND 26 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 22, 2004 at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.41.050.020 to establish an automobile rental agency. 2. That the proposal is a conditionally permitted use in the underlying CO (Commercial, Office and Professional) zone. 3. .That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because no added traffic or parking impacts will occur due to the low-intensity nature of the proposed vehicle rental business. 4. That the size and shape of the site for the proposed use is adequate to allow full development of the proposal in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 5. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 6. That granting this conditional use permit, under the conditions imposed, will not be detrimental to the, peace, health, safety and general welfare of the citizens of the City of Anaheim. 7. That no one indicated their presence at the public hearing in opposition to the proposal, and no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Class 1, as defined in the State of California Environmental Impact Report ("EIR") Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR. Cr\PC2004-033 -1- PC2004-33 NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for C::^nditional Use Permit, upon the fallowing conditions which are _. ere y ound to be a necessary preregc;€site to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That the proposal shall comply with all signing requirements for a residential structure in the CO (Commercial, Office and Professional) Zone which is converted to a commercial use unless a variance allowing sign waivers is approved by the Planning Commission or City Council. 2. That prior to commencing operation of this business, a valid business license shall be obtained from the City of Anaheim Business License Division. 3. That no required parking area shall be fenced or otherwise enclosed or used for outdoor storage. 4. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 5. That four (4) foot high address numbers shall be displayed on the roof of the building in a contrasting color to the roof material. The numbers shall not be visible to the street or adjacent properties. Said information shall be specifically shown on plans submitted to the Police Department, Community Services Division, for review and approval 6. That this use shall be limited to a vehicle rental business only. No repair, on-site vehicle display or sales, washing, detailing or other work shall be performed on the premises. 7. That a maximum of two (2) vehicles shall be stored on-site outside the required parking area (one (1) vehicle for retail sales to comply with the California Department of Motor Vehicles ("DMV") licensing requirements and one (1) vehicle for rental customer pick-up and drop-off). 8. That there shall be no advertising displays permitted on the sales/rental vehicles located on site (except as maybe required by the DMV for the'for sale vehicle). 9. That trash storage areas/barrels shall be located out of the public view. 10. That no Special Event Permits shall be issued for this property. 11. 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 the following: Monday through Friday: 8 a.m. to 8 p.m. Saturday: 8 a.m. to 5:30 p.m. Sunday: 9 a.m. to 8 p.m. 12. That subject property shall be developed and maintained substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit No.1, and as conditioned herein. 13. That prior to commencement of the activity authorized by this resolution or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 5, 12 and 16, herein-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 (Time Limit for Amendments, Conditional Use Permits, Administrative Use Permits, Variances and Administrative Adjustments) of the Anaheim Municipal Code. -2- PC2004-33 14. 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. 15. That no portable tents or shade coverings shall be permitted on the property. 16. That the existing roof-mounted equipment shall be screened from view. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. March 22, 2004. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of (ORIGINAL SIGNED BY JAMES VANDERBILT-LINARES) CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST (ORIGINAL SIGNED BY PAT CHANDLER) SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Pat Chandler, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on March 22, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BUFFA, EASTMAN, FLORES, O'CONNELL, VANDERBILT-LINARES NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: ROMERO IN WITNESS WHEREOF, I have hereunto set my hand this day of .2004. (ORIGINAL SIGNED BY PAT CHANDLER) SENIOR SECRETARY. ANAHEIM CITY PLANNING COMMISSION -3- PC2004-33 ATTACIiMENT - ITEM N0. 4 ° ~ 6~~ 1619 W. Lorane Way Anaheim, CA 92802-3917 TEL: 714-530-2366 FAX: 714-534-8088 April 13, 2004 City of Anaheim Planning Department 200 S. Anaheim Blvd. Anaheim, CA 92805 RE: Capelouto Enterprises 862 S. Harbor Blvd., Anaheim, CA 92805 Dear Sirs: My name is Lucille Kring, and I represent Capelouto Enterprises. We are requesting a waiver to the existing code far signage to Mr. Capelouto's business. The existing code allows fora 2' X 4' sign to identify the business. With those dimensions, the phone number would be about three inches tall. Other businesses in the area have signs that are mach larger-wider and taller-than the code allows for this business. We believe the current code would present a hardship to Mr. Capelouto's business, and he would be treated differently than other businesses in the area. Thank you for your consideration of this issue. Sincerely, ~~.~t.~-cL(~- ' . Lucille Kring ~~ CUP N0. 2004 - 0 4 8 3 9 ITEM N0. 5 ~ 2003- ~G 0 4 ~nn O 7° W2M ~n'ra $ U 'G ~O G N 2 S SON N Q i ~ w RS-7200 o~" t n y o r '~ - p .z p~>o ~ p 1 DU EACH .. ._ 2p j o ~yn s of o i-mc "_ (Re l ien ) RS-7200 1 DU EACH' I5 <o v mpg ~~~ ~ 0 y~ o~~a A T~ ~~ ~ ALDEN AVE Goo '~ ~ RCL72-73.37 op Q (Res of Inlenl lu CL o Q ~ CUP ]779 n w RS-7200 S-7~0 J ^ w ~ o 1 DU EACH R CH x U FA n 1 D R\VE o 9~ ~ ~ ~ ~ ~ o D E~SFA ~ m ~ CH ~ m U RCL 72-73J7 1 DU EACH LLI (Res a(Inlenl W CL) R ~ EpCN r U` ~ VD ~ CL RESEDA PLACE ~ ~ J RCL 66-67-07 RS=12p0 U EACH Q ~ , CUP 866 U VAR 2004-04608 -' RS-720 1 D (RCL 63-64-34) 1 DU EACH ~ OY pVE i~ ~ ( I RcL 7z gpV -4e nl cuP 2337 ~® CUP 1398 Q (V-29U T) RS-7200 (--.~ ~, VACANT ~ 1 DU EACH 0~ 2 R ~ Ep,GH RCL 7z n-0s (z1 \o °~ 398 -~ 97' ~- ®~ co SOUTH STREET R ~ EpCH RCUP 39UU5 CL O 1D RCL 6586A7. F CUP 2362 d W = CUP 675 S.S. W ~ o U pVERPV ~w I _ ° ~ ai D ¢ O 20 o RCL 8~9-76 a O ~ W J RS 1 tH ~ ~ DU EP' CUP 1264 ~ ~ } o x ti~ o NEIGHBORHOOD U a Z J o U 0_' ~ U O CUP 1616 U 720 SHOPPING ~ °o U p, ^ w CENTER ~ RCUP91173 N~ N a L RS- CH DU Ep A ~ m e~a ~[] 1 N S V~ai 1 TH S SDU ~N a o VAR 9034 RS-7200 fi LfiS-~5 F fi3 e VAR 1665 - ~~b2. 9 CL RCL fib-67-71 RS-p' RCL 2350 ''A p3 pZ359 c~P ~g6 ti UP RCL 70-71-22 n 1 DU EACH - NEIGHBORHOOD SHOPPING N CU C O ,. nU aESt. u OEMER ~ Variance No. 2004-04608 Subject Property Date: June 2, 2004 Scale: 1" = 200' Requested By: SHAHRAZ DANESH Q.S. No. 113 REQUESTS WAIVERS OF: (A) REQUIRED DEDICATION AND IMPROVEMENT OF PUBLIC RIGHT-OF-WAY (B) MINIMUM N UMBER OF:PARKING SPACES (C) MINIMUM S ETBACK ADJACENT TO AN ARTERIAL HIGHWAY (D) MINIMUM S ETBACK ADJACENT TO A RESIDENTIAL ZONE BOUNDAR Y TO CONSTRUCT ATWO-UNIT COMMERC IAL RETAIL BUILDING 676 South State College Boulevard 1347 ITEM N0. 5 Staff Report to the `'Planning Commission :'June 2; 2004 Item No. 5 Sa. CEQANEGATIVE DECLARATION (Motion) 5b. +' VARIANCE NO: 2004=04608:' (Resolution); SITE LOCATION AND DESCRIPTION:': (1) This rectangularly-shaped, 0.42-acre property is located at the northeast corner of State _ 'College Boulevard antl South Street, having frontages of 188 feet on the east side of State 'College Boulevard and 97 feet oh the norttr side of South Street'(676 South State College Boulevard)..: REQUEST: (2) The petitioner requests approval'to construct atwo-uriit commercial retail building with waivers of the following: (a) SECTION NOS: 18.04.080.010 Required dedication and`imorovement AND`18.04:080020 of public rioht-of-wav i (DELETED) (b) SECTION NOS' 18.05.050.022 Minimum number of oarklno spaces. AND 18.441066:050 (24 required;'23 proposed and recommended by the City Traffic and Transportation Manager), (c) SECTION N0.18.44.063.010 Minimum setback adiacent to an arterial hi"ahwaY 10 feet required; 3_8 feet proposed.) (d) SECTION NO. 18.44.063:040 Mihimum setback adiacent tc a residential zone boundary (10 feet fully1andscaped;required; 4 feet landscaped and 6 feet structural setback proposed.) BACKGROUND: (3) This property is currently vacanYand was previously occupied by a gasoline service station and is zoned CL (Commercial, limited). The Anaheim General Plan Land Use Element Map ; designates this property for General Commercial land uses. Properties to the north,(south, } and west are designated for General Commercial land uses and properties to the east are designated. for Low Density Residential land uses. The land use designation under the General Plah Update'for this property and the properties to the north would be Residential, Low-Medium. PREVIOUS ZONING ACTIONS: (4) The following action pertains to this property: i (a} Conditional Use Permit No. 668 (to establish an automobile service station within'75 feet of a residential zone) was approved by he Planning Commission on August 1, 1966. This permit should be terminated since the service station no longer exists on the property. Sr5096jr 'Page 1 Direction 'Proposed Building & Code- Gode-Required Landscape Setbacks* , Requited Landscape Buildjng Setback Setback` North (adjacent to single 51 feet #o building 10 feet ! 10 feet family) 4 feet landsca ed West (adjacent to State ' 8 feet td building r 10 feet 10 feet College Boulevard) 8-10 feet landsca 'ed South (adjacent to 3 feet, to building 10 feet < 10 feet South Street) 3-5 feetlandsca ed East (adjacent to alley) ; 50 feet'tb building None None 0 feet landsca ed 'Setbacks are'measured from the ultimate rigfit-of-way. i (7) The floor plan (Exhibit No. 1) indicates that the proposed retail' building would consist of one 3,202 square-foot tenant space: (with an ATM booth). and one 1,200-square foot tenant space, (a total of two'tenant spaces). The plan indicates main entrances to all suites on the `east elevation (facing the parking lot). No specific'mprovements (e.g. restrooms, offices, etc.) have been identified for either tenant space. Page 2 Staff Report to the Planning Commission: June 2,'2004 Item No. 5 (8) Access to the site would 6e via twdoriveways, one each from South Street and State College Boulevard. The plan indicates a totalof 24 parking spaces. Code requires a minimum of 24 spaces for this building based on the ratio of 5.5 parking spaces per 1;000 square feet of gross floor' area of general retail space (5.5 x 4,407/1000 = 24). (9) Elevation drawings (Exhibit No. 2) indicate aone-story commercial building varying in height froml8 to 24:5 feet. Building materials consist of a scored plaster finish (painted ICI #'362 or # 413 Copperbright)„painted steel trellises (ICI # 196 Stewart House Brown) on the west and south elevations, decorative wall-mounted light fixtures, and a 40-inch high ledge stone treatment on each elevation (Coronado Stone -style -Idaho Drystack). A decorative i comlce treatment is proposed along the roofline of each elevation: Steel canopy awnings would be located on the north, south, and east elevations (painted ICI # 196 StewartHouse Brown) and would match the trellises. The storefront windows and doors would have ah antique glass finish (storefront doors located`on the east elevationand windows on the north and south elevations). Small accent windows (twelve (12) inch square) would be located on the'east, west and south elevations to furtheGenhancethe scored: plaster finish and color of tfte building. , (10) The landscape and site plan (Exhibit No. 1) indicates a 4-foot wide landscape planter along the north property line adjacent to the single family residence, planted with one (1) existing Elm Tree, two (2) 24-inch box Lemon Bottletirush trees"and two (2) 24-inch box Siberian Elm trees as well as ground cover and vines: (Creeping'Fig) along he adjacent block wall, An`eight (8) to ten (10) foot wide landscaped etback would be located along State College Boulevard, planted with'a total of ten (10) trees (Four (4) Mexican: Fan Palmarees, Four (4) Golden Trumpet trees, one (1) Siberian Elm tree, and one (1) Lemon Bottletirush tree). A sixteen (16) foot wide landscaped setback along South Street (thirteen (13) feet of which is located within'the ultimate right-of--way) would be planted with three (3) Lemon Bottle Brush trees and twq (2} Siberian Elm trees as well as associated grounddover. The plan also indicates a five (5) foot wide planter along the storefront (north building elevation) to be planted with assorted shrubs and ground cover. The landscape plan further indicates a trellis with clinging vines along both the west"and south building elevations. Code requires one tree for every 20 lineal feet of street frontage, (5 trees on South Street and 10 trees on State College: Boulevard} and fast"growing shrubbery o[ clinging vines planted on 3-foot- centers for the trash enclosure.: Code further requires that at least one (1) tree per three thousand (3,000) square feet of parking areaand/or vehicular accessways tie distributed throughout the parking area and an average: of forty-eight (48) square feet of planter area provided per required tree, with a minimum planter dimension of five (5) feet, and no mare than ten (10)parking spaces shall:be adjacent to each other in a row without being separated bylandscape(area with a minimum width of five (5) feet (12,615 square feet/ 3000 square. feet = 4 trees with associated planter areas). Code also requires the landscaped setback adjacent to any residential zone boundary be`planted with trees twenty (20) feet on center (five (5) trees along the north property line boundary). Clinging vines are required to eliminate graffiti opportunities on;any solid wall visible.from public view. (11) No ign plans have been submitted in connection with this request. (12) The submittetl letter of operation indicates the proposetl uses would consistof a Subway Sandwictr Sfiop (with no more than 10 seats) and an unspecified'retail business. The commercialvses would'operate between 7 a:m. and 10 p.m., daily with approximately four (4j;employees total. The walk-up ATM would be fully equipped with security devices and theft proof doors and shielded lighting. No deposits would be accepted at this machine: The property owner will be supervising!construction and the on-going operation of both thee: businesses ocated onisrte. Surveillance cameras and; security would maintain the premises during operating hours and after-hours. -Page 3 Staff Report to the Planning. Commission June 2 2004 Item Nab 11RONMENTAL IMPACT ANALYSIS: (13) .Staff has reviewed the proposal and the Initial Study(a copy of which is available for review in the Planning Department) antl finds no significartt environmental impact and, therefore, recommentls that a Negative Declaration`be approved upon a finding by,'the Planning _ Commission that the Negative beclaration reflects the indepentlent judgment of the'lead :agency; and that it has considered the proposed Negative Declaration together with' any comments received tluring 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 significant effect on the environmeht. GROWTH MANAGEMENTELEMENT 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 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. Etas been performed. ': EVALUATION: (15) Presently, the Code requires a conditional use permit for a commercial retail center which is 'defined as-"any combination df three or more commercial uses or commercial businesses bthervuise permitted or conditionally permitted in the zone in which they are located'and which the uses or businesses are either(t) located on a single`parcel of property, (ii) 'constructed as a single development project, or (iii) result from' a remodeling, partitioning or 'other division of space in a building, business, or use on a single parcel of property:" The new Zoning Code would require a conditional use permit for two or more commercial units. (16) Waiver (a) pertains to the required improvement of the public right-of--way. This waiver has been deleted because the petitioner has agreed to make a payment to the City in lieu of constructing the required improvements in a manlier consistent with the'Code. (17) Waiver (b) pertains to the required number of parking spaces, Code requires a minimum of 24 parking spaces for the commercial center as described in paragraph no. (8) of this report and plans fndicate`23 spaces. The petitioner has prepared and submitted a parking analysis :'(parking letter), dated April 12;.2004, to substantiatethe requested parking waiver. The City Traffic and:Transportation Manager has reviewed the parking,jetter and letter of operation and has determined that the proposed parking areas referenced in the parking study are 'sufficient for the proposed uses. Based do the letter of operation, the parking supply 'provided oh site is 95.8% of the Code-required parking for the'proposed'commercial uses. ?The letter'of operation indicates that at peak demand a maximum of fifteen (15) spaces (65.2% of the spaces) on site would be utilized. The City Traffic and Transportation: :Manager has reviewed this analysis and fias determined that the actual supply of 23 spaces on the property is adequate for the proposed uses. iTherefore'staff recommends'aooroval `of this waiver. (18) Waiver (c)`pertains to the required setback adjacent to an arterial highway. Code requires a minlmumaandscaped setback of ten (10) feet along'State College Boulevard (primary arterial) and South Street (secondary arterial). The petitioner is proposing an eighf(8) to ten (10) foot wide fully lahdscaped'setbackaiong State College Boulevard and a three'(3) foot wide fully landscaped setback' (from the'ultimate right-of-way) along South Street (a total of Page 4 .Staff Report to the Planning Cbmmission 'June 2, 2004 Item No. 5 f sixteen (16) feet including dedicated portion). Staff surveyed nearby and surrounding properties and identified five (5) propertieswith setbacks similarto those requested herein: r, Site Address ~. ~ .. ~r , ,Existl~ Buildir and Landsca 'e~Setbaaks 40TSouth State Colle a Boulevard 5 feet to building; 5 feet landscaped 423 South State Colle a Boulevard '0 feet to building; 5 feet landscaped 501=South State Colle e' Boulevard 5 feet to building; O feet landscaped 502! South State Colle a Boulevard 0 feet to building; 5 feet landscaped 510'South State Colle eBoulevard 5 feet to building; 5 feet landscaped Staff believes the strict application of the Zoning Code''deprives the property of privileges enjoyed by`other properties under identlcal'zoning classification in the vicinity as indicated in the table above. Because the subject property is adjacent to two (2) arterial highways. on the south and west property lines (increasing the land'area dedicated to landscaping end setbacks) and residential zonebdundaries to the north and east,?thereby limiting the placement of the commercial building (due'to height limitations adjacent to single family residential), toff believes that the location of this property results in a special circumstance that does not apply to`other properties in the vicinity. Therefore, staff recommends approval of this waiver`. (19) Waiver (d) pertains to the requiretl setback adjacent to a residential zone. The Code ? requires minimum landscaped setback of ten 10 feetplanted with trees twenty (20j feet on center adjacent to anyresldentlaf zone boundary of a commercial property.:: The applicant is proposing td construct a four 4 foot wide landscaped etback planted withthe Code- required number of trees along the north property line'directly adjacent to a single family residential use and zone boundary. Staff surveyed nearby and surrounding properties and identified five (5) properties with setbacks similar to those requested herein; $rte iid ess _>~~<, . Exisfin -i3utldiri ` and Laridsca a Setback's 811rSouth State Colle a Boulevard ' 3 foot landscaped planter 8211 South State Colle a Boulevartl 3 foot landscapetl planter 843 South State Colle" 'e Boulevard 2 foot landscaped,planter i 847 South: State Colle 'e Boulevard 3 foot landscaped: planter 853' South State Colle a Boulevard 4 foot landscaped planter Staff believes the strictapplication of the Zoning Code deprives the property of privileges { enjoyed by other properties under identical zoning classification`ih the vicinity as indicated in tare table above. Because the subject property is adjacent to two (2) arterial highways on the south and west property Tines, the land area dedicated to landscaping and setbacks is relatively larger than other properties in the'area (as well as those surveyed). The location of the property at the lntersection!of two (2}arterial highways, as'well as the size and shape of the site results Ina "special circumstancethatdpes not apply to other properties in the vicinity. Due to these items indicated above, staff redommends approval of this waiver. ,1 (20) Staff is concerned regarding the building elevation facing State College Boulevard. Because of`site constraints, the building would be placed close to the street with entrances to the units facing the parking lot adjacent to the public alleys: This situation poses design issues due to the rear of the building facing the street. Althdugh the petitioner has made progress towards enhancing this elevation; staff remains concemed withthe linear, unarticulated building mass facing the street. In addition; because sign plansfiave not been submitted staff is concerned about future requests for wall signs on this elevation since there appears ..Page 5 > Staff Report to the Planning Commission June 7 2004 Item Nn 5 to be no design accommodation for such signs. Therefore, staff has included conditions of :approval to require final sign and elevation plans, FINDINGS: (21) Section 18.06.080 of the parking ordinance sets forth the following findings, which are required to be madelbefore a parking waiver is approved by the Commission: (a) Thafthe waiver, under the conditions imposed', if any, will not cause fewer off-street parking spaces to be provided for such use than the number of such spaces i necessary to accommodate all vehicles attributable to such use under the ndrmal and reasonably foreseeable conditions of operation of such use; and (b) That the waiver, under the conditions imposed, if any, will not increase the demand and'competition for parking spaces Upon the public streets in the immediate Vicinity of the proposed use; and i(c) Thatthe waiver; under the conditions imposed,'if any, will'not increase the demand and competitiop for parking spacesupon adjacent private property in the immediate vicinity of the proposed use; and (d) That the waiver', under the conditions imposed, if any, will: not increase traffic congestion within the off-street parking areas or lots provided for such use; and (e) That he waiver, under the. conditions imposed''if any, will not impede vehicular ingress to oregress from adjacent properties upon the'public streets in the immediatevicinity of the proposed use. Unless conditions to he contrary are expressly Imposed upon he granting of any waiver "pursuant to this Section by the;Planning Commission or City Council, the granting of any `such waiver shall be deemed contingent upon operation of such use in conformance with the assumptions relating to the operationtiand intensity of the use as contained in tfie ?'parking demand study that formed the basis for approval of said waiver.'- Exceeding, violating,`ntensitying or otherwise deviating from any of said assumptions as contained in the parking demand'study shall be deemed a violation of the express conditions imposed upon said waiver which shall subject said waiver to ermination or modification pursuant to 'the provisions of Sections 18:03.091 and18.03.092'of this Code. (22) :When practical difficulties or unnecessary hardships result from strict enforcementof the `.Zoning Code, a modifcation may be granted for the;purpose of assuring,that no property, because of special circumstances applicable to it, sftall be deprived of privileges commonly ; ;enjoyed by other properties in the same vicinity and'zone. The sole purpose of any variance is to prevent discrimination and none shall;be approved which would have the 'effect of granting a special privilege not shared by other similar properties. Therefore, ':before any variance is granted',by the Planning Commission, it shall be shown: (a) That there are special circumstances: applicable to the property such as size, shape, topography, location or surroundings; which do`not apply to other identically zoned properties in the vicinity; and j (b) That strict application of the Zoning Code deprives the property of privileges enjoyed by other properties under identical zoning classification in the vicinity. Page 6 Staff Report to the 'Planning Commissidn 'June 2, 2004 Item No; 5 RECOMMENDATION: (23) 'Staff recommends that, unless additional of contrary information is received during the meeting, ahd based. upon the evidence submitted td the Commission, including the= _ i evidence presented in this staff report, and oral and'wrltten evidence presented aCthe public hearing, the Commissioh aoorove the petitioner's request by adopting the attached 'Yesoluticn'ncluding tfte findings'contained therein: Page 7 [DRAFT] RESOLUTION NO. PC2004-"** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR VARIANCE NO. 2004-04608 BE GRANTED 876 SOUTH SATE COLLEGE BOULEVARD WHEREAS, the Anaheim City Planning Commission did receive a verified Petitioh for Variance for certain real property situated in the City of Anaheim, County of Orange, State of California described as: LOTS 8, 9 AND 10 OF TRACT NO. 2300 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 68, PAGES 35 AND 36 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 2, 2004, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed variance and to investigate and .make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: the following: That the petitioner proposes to construct atwo-unit commercial retail building with waivers of (a) SECTION NOS. 18.04.080.010 and 18.04.080.020 (b) SECTION NOS. 18.05.050.022 and 18.44.066.050 (c) SECTION NO. 18.44.063.010 (d) SECTION NO. 18.44.063.040 Recuired dedication and improvement of public right-of-way (DELETED) Minimum number of parking spaces 24 required; 23 proposed and recommended by the City Traffic and Transportation Manager) Minimum setback adjacent to an arterial highway (10 feet required; 3_8 feet proposed) Minimum setback adjacent to a residential zone boundary l10 feet fully landscaped required; 4 feet landscaped and 6 feet structural setback proposed.) 2. That the above mentioned waiver (a), required dedication and improvement of public right- of-way, is hereby denied on the basis that the waiver is not necessary. 3. That the above mentioned waiver (b), minimum number of parking spaces, is hereby granted on the basis of the recommendation of the City Traffic and Transportation Manager and the following findings: "(a) That the waiver, under the conditions imposed, will not cause fewer off-street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonable foreseeable conditions of operation of such use. CR\PC2004-p -1- PC2004- The parking letter and letter of operation indicates that the project would contain a sufficient supply of parking spaces to accommodate the commercial uses proposed on site. (b) That the waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use. The parking survey and the analysis for the project indicate that sufficient off-street parking is provided so that the adjacent public street parking would not be necessary (peak demand would require 15 spaces, and 23 spaces would be provided). (c) That the waiver, under the conditions imposed, will not increase the demand for parking spaces upon adjacent private property in the immediate vicinity of the proposed use. The parking letter has determined that sufficient off-street parking is provided so that the parking would not be necessary on adjacent private properties (peak demand would require 15 spaces and 23 spaces would be provided). (d) That the waiver, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for such use. The project will not cause increased traffic congestion within off-street parking areas of the site because the peak demand is projected to consist of a maximum of 15 vehicles. (e) That the waiver, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. Sufficient parking would be provided on the project site to accommodate the generated demand from on site commercial uses:' 4. That the above-mentioned waivers (c), minimum setback adjacent to an arterial highway and (d) minimum setback adjacent to a residential zone boundary, are hereby granted on basis that the strict application of the Zoning Code deprives the property of privileges enjoyed by other properties under identical zoning classification in the vicinity because the subject property is adjacent to two (2) arterial highways on the south and west property lines (increasing the land area dedicated to landscaping and setbacks) and residential zone boundaries to the north and east, thereby limiting the placement of the commercial building (due to height limitations adjacent to single family residential) and that the location of this property adjacent to residential uses and two arterial highways results in a special circumstance that does not apply to other properties in the vicinity. 5. That there are other properties in the vicinity under identical zoning classification that have setbacks similar to this proposal and therefore, the failure to grant waivers (c) and (d) would deprive the petitioner of privileges enjoyed by other properties in the vicinity. 6. That the requested variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, and denied to the property in question. 7. That the requested variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. 8. That **** indicated their presence at said public hearin~~ in opposition; and that no correspondence was received in opposition to subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to waive the (a) required dedication and improvement of public right- of-way, (b) minimum number of parking spaces, (c) minimum setback adjacent to an arterial highway, and (d) -2- PC2004- minimum setback adjacent to a residential zone boundary to construct atwo-unit commercial retail building on arectangularly-shaped, 0.42-acre property located at the northeast corner of State College Boulevard and South Street, and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City'Planring Commission does hereby grant subject Petition for Variance, upon the following conditions which .are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That no convenience markets and/or retail sales of alcoholic beverages shall be permitted unless a separate conditional use permit is approved by the Planning Commission. 2. That no video, electronic or other amusement devices shall be permitted on the premises.. 3. That all public phones shall be located inside the building. 4. That all trash generated from this commercial retail center shall be properly contained in trash bins located within approved trash enclosures. The number of bins shall be adequate and the trash pick-up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property. The Code Enforcement Division of the Planning Department shall determine the need for additional bins or additional pick-up. All costs for increasing the number of bins or frequency of pick-up shall be paid by the business owner. 5. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased andlor dead. 6. That no roof-mounted balloons or other inflatable devices shall be permitted on the property. 7. That no outdoor vending machines shall be permitted on the property. B. That 4-foot-high street address numbers shall be displayed on the roof of the building in a color that contrasts with the roof material. The numbers shall not be visible from the streets or adjacent properties. Said information shall be spec~cally shown on plans submitted for building permits. 9. That there shall be no outdoor storage permitted on the premises, 10. That roof-mounted equipment shall be screened from view in accordance with the requirements of Anaheim Municipal Code Section 18.44.030.120 pertaining to the CL (Commercial, Limited) Zone. Said information shall be specifically shown on plans submitted for building permits. 11. That the property shall be permanently maintained in an orderly fashion by the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 12. That the number of tenant spaces for this building shall be limited to two (2). Said information shall be specifically shown on plans submitted for building permits. 13. That landscape improvements along State College Boulevard shall be consistent with the State College Corridor Master Plan. Said information shall be specifically shown on plans submitted for building permits. -3- PC2004- 14. That final sign plans for the monument and wall signs shall be submitted to the Zoning Division for review and approval. Said plans shall incorporate the stone treatment identical to the treatment utilized on the commercial building, an 1 t3-inch high base including 9-inch high addrss letters, and a decorative cornice treatment along the full length of the monument sign. The final sign plans shall reflect the location of any monument sign outside the sight-distance triangle at the intersection of South Street and State College Boulevard. Any decision made by staff regarding said sign plans may be appealed td the Planning Commission as a "Reports and Recommendation" item. 15. That plans submitted for building permits shall reflect a decorative smooth pavement treatment at the driveway entrances on South Street and State College Boulevard. 16. That final landscape plans shall be submitted to the Zoning Division of the Planning Department for review and approval including the following: • Plans shall indicate three (3) foot wide triangular planters (a total of eight (S)) along the east property line wall to accommodate small shrubs and vines to effectively screen the proposed block wall. Adequate spacing shall be maintained at the base of the wall to direct vines to grow on the exterior (alley-facing) surface of the wall. • Plans shall reflect clinging vines planted three (3) foot on center adjacent to the trash enclosure. • Plans shall reflect a minimum of two (2) trees within the proposed planter area along the north elevation of the building. The trees shall be consistent with the planting palette proposed on site. All trees shall be minimum 24-inch box in size. • All on site landscaping, including trees, shall be consistent with the State College Corcidor Master Plan. • A minimum of ten (10) trees adjacent to State College Boulevard and five (5) adjacent to South Street within the required landscape setbacks. All trees shall be a minimum of 24-inch box in size. Any decision made by staff regarding said final landscape plans may be appealed to the Planning Commission as a "Reports and Recommendations" item. 17. That all backflow equipment shall be located above ground and outside of 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 in either underground vaults or outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector. 18. That since this project has a landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed in compliance with Chapter 10.19 of Anaheim Municipal Code No. 5349 regarding water conservation. Said information shall be specifically shown on plans submitted for building permits. 19. That all existing water services and fire lines shall conform to current Water Service Standards Specifications. Any water service or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The ownerldeveloper shall be responsible for the costs to upgrade or to abandon any water service or fire line. 20. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonment of existing water services and fire lines, shall be coordinated through the Water Engineering Division of the Anaheim Pubtic Utilities Department. 21. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division and in accordance with approved plans on file with said -4- PC2004- Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one-gallon size clinging vines planted on maximum three-foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 22. 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 23. That an on-site trash truck turn-around area shall be provided per Engineering Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn-around area shall be specifically shown on plans submitted for building permits. 24. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval in conformance with the current version of Engineering Standard Plan Nos. 436 and 4601/602 pertaining to parking standards and driveway location. Subject property shall thereupon be developed and maintained in conformance with said plans. 25. That no required parking area should be fenced in or otherwise enclosed for outdoor storage uses. 26. That all driveways shall be constructed to accommodate ten (10) foot radius curb returns in conformance with Engineering Standard No. 137. Said information shall be specifically shown on plans submitted for building permits. 27. That the legal owner of subject property shall provide the City of Anaheim a public utilities easement along/across primary cable underground and around the pad-mounted transformers, switches, capacitors, etc. Said easement shall be submitted to the City of Anaheim prior to connection of electrical service. 28. That any required relocation of City electrical facilities will be at the property owner's expense. Landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall be outside the easement area of the equipment. Said information shall be specifically shown on plans submitted for building permits. 29. That prior to the issuance of grading permit, the applicant shall submit to the Public Works Department Development Services Division for review and approval a Water Quality Management Plan that: m Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. e Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan. m Incorporates Treatment Control BMPs as defined in the DAMP. Describes the long-term operation and maintenance requirements for the Treatment Control BMPs. o Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMPs, and describes the mechanism for funding the long-term operation and maintenance of the Treatment Control BMPs. 30. That prior to issuance of certificate of occupancy, the applicant shall: Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the Project WQMP Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite. -5- PC2004- Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. 31. That the petitioner shall prepare a cost estimate and make a cash payment in an amount determined by the City Engineer in lieu of the street improvements required along State College Boulevard and South Street. The dedication of additional right-of-way shall still be required with building setbacks measured from the ultimate right-of-way. 32. That the property owner shall irrevocably offer to dedicate to the City of Anaheim an easement 45 feet in width from the centerline of South Street and a corner cut-off at State College Boulevard for street widening purposes. 33. That the City of Anaheim Drainage Impact Mitigation Fee for the Stadium Area shall be paid prior to approval of the grading plan. The fee is currently $ 20,600 /acre. Credit will be applied for the current development. The project architect or engineer must document the existing impervious area and the proposed impervious area. If the impervious area remains the same or decreases, no fee is due. If the impervious area increases, the fee will be proportional to the increase. 34. That a lot line adjustment shall be submitted to merge the existing parcels into one legal lot. The Lot Line Adjustment shall be approved by the City Engineer and recorded in the office of the Orange County Recorder prior to issuance of a building permit. 35. That the storm drains and sanitary sewers for this development shall be privately maintained. 36. That final elevation plans shall be submitted to the Zoning Division for review and approval. Said plans shall incorporate the ledge stone treatment along the north, east and south building elevations. Any decision by City staff may be appealed to the Planning Commission as a Reports and Recommendation item. 37. That the property owner shall submit a letter requesting termination of Conditional Use Permit No. 868 (to establish an automobile service station within 75' of a residential zone) to the Zoning Division. 38. That the subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on fife with the Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein. 39. That lighting fixtures in any proposed parking area located adjacent to any residential property shall be down-lighted with a maximum height of twelve (12) feet. Said lighting fixtures shall be directed away from adjacent residential property tines to protect the residential integrity of the area (a) and shall be so-specified on the plans submitted for building permits. 40. That atl plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened by architectural devices and/or appropriate building materials; and, further, such information shall be specifically shown on the plans submitted for building permits. 41. That prior to issuance of a building permit far the first tenant space, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 8, 10, 12, 13, 14, 15, 16, 17, 18, 21, 22, 23, 24, 26, 28, 29, 31, 32, 33, 34, 36, 37, 39 and 40 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. 42. That prior to final building and zoning inspections, Condition No. 30 and 38, above-mentioned, shall be complied with. -6- PC2004- 43. 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 Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 2, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.03, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris., Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on June 2, 2004, by the following vote of the members thereof; AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS W HEREOF, I have hereunto set my hand this day of 2004. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -7- PC2004- ATTAC1Il~tENT -ITEM N0. 5 SECTIOPI 4 PETITIONER'S STATEMENT OF NSTIFICATION FOR VARIANCE/CODE WANER (NOT REQUIRED F/OR, `P`ARKING WANER) REQUEST FOR WANER OF CODE SECTION: /b • 7 "I r h G 3i ~~ D - - - (A separate statement is required for each Code waiver) PERTAINING TO: .S~F3Ac~.c F1'oTt~tt=~T Tr. F,~.,.,. A-r~-'r5--z-~a-r_ Std-~'7" Sections 18.03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver may be granted by the Zoning Administrator or Planning Commission, the following shall be shown: That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classificaton in the vicinity. In order to determine if such special circumstances exist, and to assist [he Zoning Administrator or Planning Commission to arrive at a decision, please answer each of the following questions regazding the property for which a variance is sought, fully and as completely as possible. If you need additional space, you may attach additional pages. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundings? ~ Yes _ No. If your answer is "Yes," describe the special circumstances: "pK~Tu S ~~ I-t'r~S 1JouBL+/ sS'~t-°E'r ~~-mn~r-A-GE~ oxre~rrt~r~o~s 2. Are the special circumstances that apply to the property different from other properties in the vicinity which are in the same zone as your property? >< Yes _ No If your answner~is~ "yes; 'describe how the property is different: P F~7fti" S. ~ t s A-pt.~ A-n a4~ r Tb f-Ci.s t ~ ~1~1'(1 ft't_ ^N 3 ~ l n ~S tJ~N"1 t-f ~ ~- Tl+~ ~ Y'-~- g t0`2 L LTS P C-/ els y,.-eau f 3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? ~C Yes No If your answer if "yes," describe the special circumstances: VET- I~` S-rr~E~~ w.ot~i~G K-t~a~t~u-t,..t,v~r'.s lkLO.-1'C: ~aJT1. C m l~l 4. Were the special circumstances created by causes beyond the control of the property owner (or previous property owners)? X Yes _ No EXPLAIN C t~ r ~ -'t` ,.~i,t,.~L G ~ U ~ crd U f- r9-+~ .4 l~r,n.t The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved which would have the effect of granting a special privilege not shazed by other property in the same vicinity and zone which is-not-other~+ise expressly authorized by zone regulations governing sub- ~/ 3ject p~Perty. Use variances aze not permitted. /~ \ ___ _ Sign of Property Ovmer or Authonzed Agent /Date a CONDITIONAL USE PERMITNARIANCE NO. DECEMBER 12, 2000 ATTACHMENT -ITEM N0. 5 SECTION 4 PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIItED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: 3,o~D (A separate statement is required for each Code waiver) PERTAINING TO: SC-r>3~:t=s uYA-r r-n, -r r-o /LFf"rDvn~n~. Sections 18.03.040:030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver maybe granted by the Zoning Administrator or Planning Commission, the following shall be shown: That there are special circumstances applicable to the property, including size, shape, topography, location or suroundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer each of the following questions regazding [he property for which a variance is sought, fully and as completely as possible. If you need additional space, you may attach additional pages. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundings? ~ Yes _ No. If your answer is "Yes," describe the special circumstances: ~ti~ f ~ a hy_~.F S ol,a ~ b l~ S~~ {rnV~~F-°4e. Gi,1 rS S/a2 ~i~t.l «r-ct_.t- ~,. 1a+¢.n„ t !f r'~ty~rc, ...~...--t-r 2. Are the special circumstances that apply to the property different from other properties in the vicinity which are in the same zone as your property? ~L Yes _ No If your answer is "yes," describe how the property is different: ~a~u 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 circumstances:. _ T _.~.~ U .d ~,.~lt.n .J7_~ .f ALP. i.~iA1.~ ci~l.uu~-~ /J u/I~~.~t o-'..~ J~ d a.llcle Z ~ 6L 2Yt~'~r.-~'Lyy li=m,l~' l 4. Were the speci~circumstances created by cadses beyond the control of the property owner (or previous property owners)? ~ Yes T No EXPLAIN The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Cade waiver shall be .approved which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone which is not otherwise expressly authorized by zone regulations governing subject property. Use variances aze not permitted. ----- v nat~-sf~:rty Owner o Authorized Agent Date CONDITIONAL USE PERMIT/VARIANCE NO. DECEMBER 12, 2000 ITEM NO_ fi ~ 69 SP6 b2 es. of \SERY 1 N~Rat c E g Conditional Use Permit No. 2001-04399 Subject Property TRACKING NO. CUP2004-04850 Date: June 2, 2004 Scale: 1"= 200' Requested By: WALTER SHOOK Q.S. No. 131 REQUEST TO PERMIT AN AUTOMOBILE SALES AUCTION IN CONJUNCTION WITH AN EXISTING AUTO BODY AND TOWING FACILITY. 2920 East La Jolla Street 1349 ALL PROPERTIES ARE IN THE REDEVELOPMENT PROJECT ALPHA (NORTHEAST AREA) 'Staff Report to the Planning' Commissidrr `June 2,2004 Item No. 6P 6a. ' CEQA CATEGORICAL EXEMPTION -CLASS 1 6b. CONDITIONAL USE PERMIT N0: 2001-04399 ` (Motion for continuance) (TRACKING NO CUP2004-04850) `SITE LOCATION AND DESCRIPTION: ' (1) .This rectangularly shaped, 1.12-acre parcel has a frontage of 155 on the south side of La Jolla Street;: a maximum depth of 314 feet: and is located 194 feet west of the centerline of Red Gum Street (2920 East La Jolla Street). REQUEST: (2) The petitioner requests a approval of a conditional use permit to permit ar automobile sales auction in conjunction with an existing auto body and towing facility;under autfibrity of i Code Section 18.110:050.0547: rBACKGROUND: (3) .This property is developed with an existing industrialbuilding and is zoned SP94-1; DA 1 (NortheasfArea Specific Plan; Industrial Area). The'property is'also located within the Project Alpfta (Northeast Industrial Area) Redevelopment Area.: The Anaheim General Plan LandUse Element Map designates this property for General Industrial land uses. (4) Conditional'Use Permit No. 2001-04399 (to permit artautomotive repair (auto body) and towing facility with vefiicle impounding with`a waiverbf minimum number of parking 1 'spaces) was approved by the Commission on August 13, 200L' (5) Conditional Use Permit No. 2056 (to retain a contractor's storage yard) was approved by 'the Planning Commission on March 24, .1980. Subsequently, the Planning Commission approved the deletion'of a condition of approval (pertaining to paving the lot) on November +17, 1980 following a motion to initiate termination proceedings.',The business is no longer in operation. Staff recommends that this permit be terminated.: (6) The petitioner has submitted a letter datedMay 20, 2004, requesting atwo-week 'continuance to the June 14, 2004, Planning Commission meeting to allow additional time to submit revised plans. RECOMMENDATION: ' ! (7) That the Planning Commission,,by motion; continue this item to the June 14, 2004, meeting as requested by the petitioner. i sr8733gk.doc Page 1 eTTACI~4ENT -ITEM N0. 6 THE CARMAN AUCTION, INC. 2920 E. LA JOLLA ANAHEIM, CALIFORNIA 92506 TELEPHONE: 577)-527-6261 FAX: (714)-632-996U May 20, 2004 Mr. G. Scott Koehm Planner Planning Department 200 S. Anaheim Blvd., Suite 162 Anaheim, CA 92505 RE: Project #: CUP2004-04550 Location: 2920 E. La Jolla St., Anaheim, Ca 92506 Deaz Scott: As per our conversation of today, this is to request a continuance of the planning commission hearing on my case from June 2, 2004, to June 14,2004. Also, as per your request, 1 am faxing you a drawing of the premises showing the location of the fire wall requested by the building department, separating th~ uto auction area from the body shop azea. any further questions, please contact me. SAID ZiL'd 082SS9L~Dl 09662£9b~L 9NINDl HJ31 2itilS~WD2I~ bS~80 b00z-I2-l.F1W