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Anaheim Planning Commission Agenda - 1::30 P.NI.
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 ar public comments on agenda items with the exception of public
hearing items.
Discussion Item:
To discuss the possibility of changing the Planning Commission meeting time.
(Motion)
Consent Calendar:
The Report and Recommendation items 1-A through 1-F on the Consent Calendar will be acted on by
one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the
motion unless members of the Planning Commission, staff or the public request the item to be discussed
and/or removed from the Consent Calendar for separate action.
Reports and Recommendations
A. (a) General Plan Conformity No. 2004.00037 -
Agent: John Beck, County of Orange Health Care Agency,
405 West 5'h Street, Room 754, Santa Ana, CA 92701
Location: 2180 West Crescent Avenue, Suite A
Requests determination of conformance with the Anaheim General
Plan for a Donated Space Agreement of office space for a W omen
Infants and Children (WIC) Program through the County of Orange
Health Care Agency.
B. (a) Conditional Use Permit No. 275
(Tracking No. CUP2004-04862)
Agent: Randal Kimoto, 42 Corporate Park, Suite 250, Irvine, CA
92606
Location: 119 West Ball Road
Requests termination of Conditional Use Permit No. 275 (to construct
a walk-up restaurant).
Project Planner
Marie Newland
(mnewland(o)anaheim.net)
sr8771 mn.doc
Q. S. 39
Project Planner:
Elaine Yambao
(evam ba o (c7 an a hei m. net)
sr3079ey.doc
Q. 5. 85
09/08/04
Page 2
C. (a) Conditional Use Permit Nos. 360 & 980
(Tracking No. CUP2004-04904)
Agent: John Pedicni, J&P Development, 20051 S.W. Cypress
Street, Newport Beach, CA 92660
Location: 2820 West Ball Road
Requests termination of Conditional Use Permit No. 360 (to permit unit
1 of a shopping center to be used as a Hofbrau) and Conditional Use
Permit No. 980 (to permit on-sale liquor in addition to beer and wine in
conjunction with an expansion of an existing restaurant).
D. (a) Conditional Use Permit Nos. 379 & 3436
(Tracking No. CUP2004-04903)
Agent: John Ward, P,O. Box 4304, Carson, CA 90749
Location: 736 South Beach Boulevard and 2966 West Stonybrook
Drive
Requests termination of Conditional Use Permit No. 379 (to construct
a service station) and 3436 (to construct a four story, 61-unit motel,
including a manager's unit).
E. (a) Conditional Use Permit No. 4051
(Tracking No. CUP2004-04905)
Agent: Paul Rothenberg, Canyon Consulting, 4665 MacArthur
Court, Suite 200, Newport Beach, CA 92660
Location: 1750 West Penhall Way
Requests termination of Conditional Use Permit No. 4051 (to permit a
10,644 square foot 2 story expansion of an existing 13,165 square foot
telecommunications switching station and to construct a maximum 65
foot high roof-mounted telecommunications tower).
Receiving and approving the Minutes from the Planning Commission
Meeting of August 23, 2004 (Motion)
G. Receiving and approving supplemental detailed Minutes for Item
No. 3, Conditional Use Permit No. 2004-04857, from the Planning
Commission Meeting of August 23, 2004, scheduled to be heard as
a public hearing item before City Council on Tuesday, September 28,
2004. (Motion)
Project Planner:
Elaine Yambao
(evambaot7o anaheim.net)
sr3080ey.doc
~. S. 15
Project Planner:
Elaine Yambao
(evambaot7o anaheim:net)
sr3081ey.doc
Q. S. 14
Project Planner:
Elaine Yambao
(eyambao a(~anaheim.net)
sr3082ey.doc
Q. $. 46
09/08/04
Page 3
Public Hearing Items:
2a. CEQA Negative Declaration Request for
2b. Reclassification No. 2004-00124 continuance to
November 1, 2004.
Owner: Raymond Siegele, P.O. Box 3284, Anaheim, CA 92803 --
Volt Anaheim Business, 21530 Oxnard Street, Unit B,
Woodland Hills, CA 91367-4942
Charles Atwood, 23772 Avenue 208, Lindsay, CA 93247
CP/HERS Anaheim LP, 600 Citadel Drive, Suite 100, Los
Angeles, CA 90040
Kenneth Thompson, P.O. Box 5406, Orange, CA 92863
Tomas Rodriguez, P.O. Box 8521, Anaheim, CA 92812
Location: Portion A: 516 East Santa Ana Street and 501 - 547 South
Atchison Street: Portion B: 500 - 558 South Atchison
Street: Portion C: 610 South Olive Street and 711 East
South Street; and Portion D: 525 East South Street
Portion A: This 10.7-acre area is located at the southeast
corner of Santa Ana Street and Olive Street with frontages of
970 feet on the south side of Santa Ana Street and 480 feet on
the east side of Olive Street (516 East Santa Ana Street and
501 - 547 South Atchison Street - Kwikset site).
Portion B: This 10.3-acre area has frontages of 150 feet on
the south side of Santa Ana Street and 340 feet on the east
side of Olive Street and a maximum depth of 1,120 feet (500 -
558 South Atchison Street).
Portion C: This 10.3-acre area has frontages of 150 feet on
the north side of South Street and 340 feet on the east side o1
Olive Street and a maximum depth of 1,120 feet (610 South
Olive Street and 711 East South Street).
Portion D: This 9.8-acre area is located at the northeast
corner of South Street and Olive Street with frontages of 440
feet on the east side of Olive Street and 970 feet on the north
side of South Street (525 East South Street).
City-initiated (Community Development Department) request for approval of
a reclassification of these properties as follows:
Portion A-from ML (Limited Industrial) to RM-3 (Residential, Multiple-
Family-2400) zone or less intense zone.
Portion B -from ML (Limited Industrial) to RM-4 (Residential, Multiple-
Family-1200) zone or less intense zone.
Portion C -from ML (Limited Industrial) to RM-4 (Residential, Multiple-
Family-1200) zone or less intense zone.
Portion D -from ML (Limited Industrial) to RM-3 (Residential, Multiple-
Family-2400) zone or less intense zone. Project Planner:
David See
Planning Commission
ust 9
2004
tinued from the June 14 and Au
C (dseet7a anaheim.net)
g
,
,
on
Meetings. sr2161 ds.doc
Reclassification Resolution No. Q.S. 84/94
09/08/04
Page 4
3a. CEQA Mitigated Negative Declaration (Readvertised) Request for
3b. Reclassification No. 2003-00109 continuance to
3c. Variance No. 2004-04626 September 20, 2004.
3c. Tentative Tract Map No. 16545
Owner: Red Curb Investments, P.O. Box 995, Torrance, CA 90508
Agent: Thomas Hartley, 29462 Thackery Drive, Laguna Niguel, CA
92677
Location: Property is approximately 53 acres, having a frontage of
190 feet at the terminus of Avenida de Santiago, located
260 feet west of the centerline of Pointe Premier (No
address).
Reclassification No. 2003-00109 -Request reclassification of the
property from the T (SC)(Transition; Scenic Corridor Overlay), formerly
the RS-A-43,p00(SC) (Residential/Agricultural; Scenic Corridor Overlay)
zone to the RH-2(SC) (Single-Family Hillside Residential; Scenic Corridor
Overlay) and OS (SC) (Open Space; Scenic Corridor Overlay) zones.
Variance No. 2004-04626 -Request waiver of required private street
standards to construct a private residential street without sidewalks.
Tentative Tract Map No. 16545 -Request to establish a 28-lot, 21-unit
detached single-family subdivision.
Continued from the August 9, 2004, Planning Commission Meeting. Project Planner:
Amy Vazquez
Reclassification Resolution No, (avazouezto'~anaheim.net)
Variance Resolution No.
sr8780av.doc
Q.S. 286
4a. CEQA Negative Declaration
4b. Waiver Of Code Requirement
4c. Conditional Use Permit No. 2004-04882
Owner: Maris E. Vanags, 1510 North State College Boulevard,
Anaheim, CA 92806
Agent: Scott Longhurst, Trillium Telecom, 3010 Old Ranch
Parkway, Suite 210, Seal Beach, CA 90740
Location: 555 North State College Boulevard. Property is
approximately 0.8-acre, located at the southwest corner of
La Palma Avenue and State College Boulevard.
Project Planner:
Request to permit a freestanding telecommunications facility (disguised Della Herrick
as a tree) with accessory ground-mounted equipment with waiver of (dherrick(u)anaheim.net)
minimum structural setback.
sr8766dh.doc
Conditional Use Permit Resolution No. Q.S. 102
09/08/04
Page 5
Sa. CEQA Negative Declaration
5b. Waiver Of Code Requirement
5c. Conditional Use Permit No. 2004-04884
Owner: Sonfarrel, Inc, 3000 East La Jolla Street, Anaheim, CA,
92806
Agent: Chuck Meyer, C.A.D.E., 1320 North Tustin Avenue,
Anaheim, CA 92807
Location: 3301 East Miraloma Avenue. Property is approximately
1.96 acres, having a frontage of 20 feet on the north side of
Miraloma Avenue, located 696 feet east of the centerline of
Red Gum Street.
Request to permit the outdoor storage of automobiles with waiver of
minimum number of parking spaces.
Conditional Use Permit Resolution No.
6a. CEQA Negative Declaration
6b. Conditional Use Permit No. 2004-04878
Owner: Nell Genovese, 269 Evening Canyon Road, Corona Del
Mar, CA 92625
Agent: Oscar Palafox, P.O. Box 1419, Placentia, CA 92871
Location: 1352 North Miller Street. Property is approximately 0.89-
acre, having a frontage of 132 feet on the east side of Miller
Street, located 658 feet north of the centerline of Miraloma
Avenue.
Request to permit and retain a pallet repair and storage yard and a
landscape contractor's storage yard.
Conditional Use Permit Resolution No.
Project Planner;
Della Herrick
(dherrick(a~anaheim:net)
sr8768dh(1).doc
Q.S. 131
Project Planner:
Cheryl Flores
(cfl o re s (a) a n a h e i m. n e t)
sr8772cf.doc
Q.S. 143
09/08/04
Page 6
7a. CEQA Negative Declaration (Previously-Approved)
7b. Conditional Use Permit No. 3511
(Tracking No. CUP2004-04879)
Owner: Spieker Properties, LP, 17320 Red Hill Avenue, #165,
Irvine, CA 92614
Agent: Gayla Weisman, Reef Reit America II, 1630 South Sunkist
Street, Anaheim, CA 92806
Location: 1531 South Sinclair Street. Property is approximately
0.89-acre, having a frontage of 140 feet on the west side of
Sinclair Street, located 395 feet south of the centerline of
Cerritos Avenue (Stadium Vineyard Church).
Request for reinstatement of this permit by the modification or deletion of
a condition of approval pertaining to a time limitation (approved on
October 11, 1999 to expire October 11, 2004) to retain a church.
Conditional Use Permit Resolution No.
8a. CEQA Negative Declaration (Previously-Approved)
8b. Conditional Use Permit No. 3235
(Tracking No. CUP2004-04880)
Owner: Hardin Oldsmobile, Inc., 1381 South Auto Center Drive,
Anaheim, CA 92806
Agent: Bill Pettett, Harris Architects, 2120 Main Street, Suite 230,
Huntington Beach, CA 92648
Location: 1381 East Auto Center Drive. Property is approximately
2.34 acres, located north of the westerly terminus of Auto
Center Drive, having a frontage of 350 feet on the north
side of Auto Center Drive, located 1,400 feet west of the
centerline of Phoenix Club Drive (Hardin Honda).
Request to amend previously-approved exhibits to construct a new
display canopy and enclose an existing canopy within an existing
automotive sales and repair facility.
Conditional Use Permit Resolution No.
Project Planner:
John Ramirez
(ioramirezfo~anaheim.net)
sr5113jr.doc
a.S.177
Project Planner:
Amy Vazquez
lave: guez(o~anaheim.net)
sr8779av.doc
O S 726
09/08/04
Page 7
9a.
9b.
9c.
Owner: Adolf P. Miller, 1859 North Random Drive, Anaheim, CA
92804
Elisa Stipkovich, 201 South Anaheim Boulevard, Suite
1003, Anaheim, CA 92805
Agent: Jerry Zomorodian, 301 South Anaheim Boulevard,
Anaheim, CA 92805
Location: 315-327 South Anaheim Boulevard. Property is
approximately 0.54-acre, located at the northwest corner of
Elm Street and Anaheim Boulevard.
Request to remodel an existing historical building and to establish a
commercial retail center with an accessory auto detailing facility with
waiver of minimum landscaped setback adjacent to an arterial highway,
Conditional Use Permit Resolution No.
10a. CEQA Cateoorical Exemption. Class 11
10b. Conditional Use Permit No. 2004-04877
Owner: Daniel Rosenberg, 255 South Euclid Street, Anaheim, CA
92802
Agent: Rafael Abuhadba, 1009 South Harbor Boulevard, Anaheim,
CA 92805
Location: 255 South Euclid Street. Property is approximately 6.67
acres, located at the northwest corner of Euclid Street and
Broadway (Daniel's furniture).
Request to establish an accessory mobile food concession cart outside
an existing furniture and appliance store.
Conditional Use Permit Resolution No.
Request for
continuance to
September 20, 2004.
Project Planner:
David See
(dseeCa~anaheim.net)
sr2161ds.dac
Q.S. 84
Project Planner:
Elaine Yambao
(e v a m b a o ta'~ a n a h ei m: n e t
sr3078ey.doc
Q.S. 47
09/08/04
Page 8
11a. CEQA Negative Declaration
11 b. Variance No. 2004-04627
11 c. Tentative Tract Mao No. 16672
Owner: Norio Uyematsu, 429 South Country Hill Road, Anaheim, - -- -
CA 92608
Agent: Hidden Hills Estates, LLC, 18242 McDurmott, Suite H,
Irvine, CA 92614
Location: 429 South Country Hill Road. Property is approximately
3.8 acres, having a frontage of 32 feet on the south side of
Country Hill Road, located 354 feet east of the centerline of
Old Ranch Road.
Variance No. 2004-04627 -Request waiver of minimum private street
width to construct asingle-family residence. Project Planner:
Della Herrick
Tentative Tract Map No. 16672 - To establish a 5-lot, 5-unit detached (dherrickfa~anaheim.net)
single-family subdivision.
sr8769dh.doc
Variance Resolution No. Q.S. 209
12a. CEQA Negative Declaration
12b. Reclassification No. 2004-00132
12c. Variance No. 2004-04624
12d. Tentative Parcel Map No. 2004-168
Owner: Toan Nguyen, 2350 West 5th Street, Santa Ana, CA 92703
Location: 2040 West Broadway. Property is approximately 0.5-acre,
having a frontage of 100 feet on the south side of
Broadway, located 132 feet west of the centerline of
Camellia Street.
Reclassification No. 2004-00132 -Request reclassification of the
property from the T (Transition) zone to the RS-2 (Residential, Single-
Family) zone or less intense zone.
Variance No. 2004-04624 -Request waiver of required lot frontage on a
public or private street to construct a new detached single-family
residence.
Project Planner:
Tentative Parcel :Map No. 2004.168 -Request tp establish a 2-lot, 2-unit Amy Vazquez
detached single-family residential subdivision (avazcuez(a)anaheim:net)
.
Reclassification Resolution No. sr8782av.doc
Q.S. 40
Variance Resolution No.
Adjourn To Monday, September 20, 2004 At 11:00 A.M. For
Preliminary Plan Review.
09/08/04
Page 9
CERTIFFCATION OF POSTING
I hereby certify that a complete copy of this agenda was posted at:
(TIME) DATE)
LOCATION: COUNCIL CHAMBER DISPLAY CASE AND
(COUNCIL DISPLAY KIOSK
SIGNED: ~~-yl..-- ~~R-u-----
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 TO CITY COUNCIL FROM PLANNING COMMISSION ACTION
Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use
Permits and Variances will be final 22 days after Planning Commission action and any action regarding
Tentative Tract and Parcel Maps will be fnal 10 days after Planning Commission action unless a timely
appeal is filed during that time. 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 no later than 10:00 a.m.
on the Friday before 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.
09/08/04
Page 10
SCFIE®IJLE
2004
September 20
October 4
October 18
November 1
November 15
November 29
December 13
December 27
osioaioa
Page 11
R&R ITEM N0. 1-A
GRAMERCY AVENUE
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RCL9B-99-ta RCL 98-99-14
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368 DU
General Plan Conformity No. 2004-00037 Subject Property
Date: September 8, 2004
Scale: 1" = 200'
Requested By: KWANG PARK Q.S. No. 39
REQUEST TO DETERMINE CONFORMANCE WITH THE ANAHEIM GENERAL PLAN FOR A
DONATED LEASE AGREEMENT OF OFFICE SPACE FOR THE WIC PROGRAM THROUGH
THE COUNTY OF ORANGE HEALTH CARE AGENCY.
2180 West Crescent Avenue, Suite A
14se
GG
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98.99-11
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of Intent
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1P 2292
<ING LOT
ATTACHMENT - R&R 1-A
COUNTY OF ORp.NCaE JULIETTE A. POULSON, RN, MN
~~~~~~ ~A® ~~~~~~ DIRECTOR
FiP"fl ALICE L. MANNING
INTERIM DEPUTY AGENCY DIRECTOR
FINANCIAUADMINISTRATIVE SERVICES FINANCIAL/ADMINISTRATIVE SERVICES
~fxcellence
~tegTty
~elVlle
GA 1233-2-30-45
HCA/PH/WIC -Arab/Muslim Community Center
August 9, 2004
Jcel Fick, Executive Director of Planning & Community Development
City of Anaheim
Planning Deparhnent
200 S. Anaheim Boulevard
Anaheim, CA 92805
SUBJECT: GENERAL PLAN CONFORMANCE
DORIMALLOY
MANAGER
MANAGEMENT SERVICES 8 FACILITIES
- w
Z~ c
PUGoEN ~N6
?~P~~~'~~'G
OEeP ~ .C
MAILING ADDRESS:
406 W. 5'" STREET, RQOM 754
SANTA ANA, CA 92701
TELEPHONE: (714) 834-2113
FAX: (714)834-7696
E-MAIL: tlmalloy®ochca.com
Pursuant [o Government Cade Secfion 65402, you .are hereby given notice that the County of Orange is
considering a Donated Space Agreement for approximately 1,000 squaze feet of office space in an
existing building located at the Arab/Muslim Community Center, 2180 W. Crescent Avenue in Anaheim.
The Women, Infants and Children Program (WIC) provides nutrition education classes, assessments,
counseling and issuance of checks for special foods given to participants in the WIC Supplemental
Program.
Thank you for your cooperation and prompt attention to this matter. If you have any questions, please call
me at 834-3019.
John Beck
Real Property Agent
Determination:
_YES _NO Thus project is in conformance with the General Plan of the City of Anaheim.
City of Anahiem: BYi DATE:
Cc: David Morgan, City Manager
Tony Ferrulli, Manager, CEO/Real Estate
R&R ITEM N0. 1-B
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Conditional Use Permit No. 275 Subject Property
TRACKING NO. CUP2004-04862 Date: September 8, 2004
Scale: 1" = 200'
Requested By: RANDAL KIMOTO Q.S. No. 85
REQUEST TO TERMINATE CONDITIONAL USE PERMIT NO. 275 (TO CONSTRUCT
A WALK-UP RESTAURANT). -
119 West Ball Road
isoa
ATTACHI~fENT - R&R 1-B
- :~ ~IOGLE-IRELAIa~ i~
n
.~T. dLnnclPlnrrning&DeuelapnientConsultingFinn
February 2, 2004
City of Anaheim
Planning Department
Attn: Elaine Yambao
200 S. Anaheim Blvd.
Anaheim, CA 92805
~CTBJECT: TERMINATION LETTER (Condition #10 for CUP 2003-04678)
Dear Ms. Yambao:
Pursuant to Condition #10 identified in CUP2003-046578, McDonald's respectfully
request that Conditional Use Permit No. 27~ (establishment of walk-up restaurant) be
terminated. McDonald's would like to exercise this termination request at the time
building permits for the proposed restaurant remodel are issued.
If you have any questions or need additional clarification on the project design, please
contact me at (949) 553-1427.
Sincerely,
~~~/~
Randal Kimoto
Project Manager
cc: Don Ikeler, Project Manager for McDonald's Corporation
42 Corporate Park, Suite 250, Irvine, California 92606 • 949 / 553-1427 • Fqx 949 / 553-0935 • wtvcv.hogleireland.com
R&R ITEM N0. 1-C
I RS-2 U n r
1 DU EA. ~ p ~
m O
ELMLAWN DR
RS-2
DU E.
L,ur oiao
CUP 2067
CUP 380
CHURCH
RM-0
87-88-12
RCL 86-87-20
RM-0 RM-0 RGL SO-s1-t
RCL 74-75-39 RCL 60-fii-82 VAR 1669
APARTMENTS APARTMENTS APTS.
19 DU 12 DU 1z Du
RM-4
i2 DU
°°i C-G
° = v
` RCL 74-75-06
=a
> CUP2419
u~ CUP 2055
SHOPPING CENTER
BALL ROAD '
~- z10 ~---~-@- 210 ~ -m-I
i c-c :_' ~- , ac
RCL 66-fit-6fi
RM-0
RCL 65-66-82
CUP 805
101 DU
APARTMENTS
RM-0
RCL 65-66-82
RCL 62-63-125
CUP 805
CUP 433
8p DU
Idrn
..[.
RS-2
DU EA
~ ADJ 0110
4 VAR 4299 I
J I
J I
W I
p
U) Y
RAVENSWOOD DR
CITY LIMITS
LOLA AVE
Conditional Use Permit No. 360
Conditional Use Permit No. 980
TRACKING NO. CUP2004-04904
Requested By: JOHN PEDICINI
W
Z
W
Q
W
J
Q
D
Subject Property
Date: September 8, 2004
Scale: 1" = 200'
Q.S. No. 15
TO TERMINATE CONDITIONAL USE PERMIT NOS. 360 (TO PERMIT 1 UNIT OF A
SHOPPING CENTER TO BE USED AS A HOFBRAU) AND 980 (TO PERMIT ON-SALE
LIQUOR IN ADDITION TO BEER AND WINE IN CONJUNCTION WITH THE EXPANSION
OF AN EXISTING RESTAURANT).
2820 West Ball Road
1502
VAR 3697
VAR 3627
o SUNSET PLAZA
~ APARTMENTS
~~ 106 DU
~dLL
VUO
O-G C~
RCL 64-fiS02 0.CL fib-65116
GUP 2003.61613 RCL 64-6502
VAR 24tfi6 CUP 245]
VAR t71t5 CUP 2255
(VAR 2019) VAR 1706
VACANT SHOPS
REST.
cG
HCL 8465110
RCL 840501 RM-0
cue 3T11
cuR ]660 RCL 77-7&27
vnR nob RCL fi4-65.116
sNOPS RCL64-6562 RM-0
uauoR Stone VAR 1706 RCL 63-64-16
CUP 458
RM-0 52 ou
RCL 77-78-27
VAR 1150
APARTMENTS
RM-0
RCL 86-87-21
VAR 3634
APARTMENTS
ATTACIIMENT - R&R 1-G
~~ DEVELOPMENT
20057 S.W. CYPRESS STREET
NEWPORT BEACH, CA 92660
(949) 476-0444
Mazch 19, 2004
Elaine Vambgo
Assistant Planner, Zoning Division
City of Anaheim
RE: Lemon Twist
2822 VJ. Ball Road, Anaheim
Deaz Elaine,
Please terminate Cup Number 360 and 980 and apply the current Cup Number 2003-04777 to
E,emon Twist.
ff you have apy questions, please feel free to contact me (949) 476-0444.
Sincerely,
1 edicizu
R&R ITEM N0. 1-D
RM-2
r-----RCL 80.81-OS CUP 2102 -___
T
WNH
ME
n RM-4
O
O
S
VAR 3196 RCL 70-71-17
Z ~
J ' RCL 590-112
I VAR 2215
jI APARTMENTS
GG
~ j RCL 845-31
300 DU
' .. „_
CUP 2678
w p
l
x
U ~ ______ C-G o
_~ ___~ RCL 82-83-OB RM-4 RM-4
RCL 68-69-50
j I j CUP i 1E RCL 2004-00115
RCL 90-91-31 VAR 2034 e
~_I ~ ARCAOE (Res. of Int. to CL) APARTMENTS '
r-CUP 200a-oaso3 T
I
CUP 200404831
- BADEN-POWELL
RCL 823.01 I
I CUP 3436 WEST ANAHEIM COMMERCIAL CORRIDORS ELEMENTARY
RCL74-75-18 1
I CUP 379 REDEVELOPMENT PROJECT SCHOOL
RCL 74-75-16 I
I C-G GPA 2001-00417 C-G
RCL 70-71-51 i
CUP 2354 I RCL 70-71-51
I VACANT RCL 6667-16
SMALL SHOPS
CUP 3926 RM-4
-TOWNHOMES '--~ j VACANT ~
~ /1 CUP 209
__ ______~ ~ •STONYBROOK APARTMENTS
58 DU
Q DR
C-G
~ RCL 78-79-03
~
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~- - 241 '
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7-fit RCL 78-79-0 3 RCL 70-71-51
RCL 66-67-fit J
IUMS ( Res. of Inte
to RS-7200 nt CUP 2355 REST.
) ~ o
~
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VAR 3382
VAR 3092 m RCL 65~fi6-11
e GG = ~ T-CUP 2004-04903
RCL 74-75-38 VACANT
CUP 1843 MOTEL ~
Q
CUP 1738 RM-4 2
CU m p2
RCL 70-71-02 CU
q2 RCL 61-62-81 wa
GG CUP 2142 VAR 4922 CUP 209 ~W
RCL 59-60-80
e
M07EL T-VAR 2002-04548 MorEL APARTMENTS ~~
CUP 32~0 VAR4922 p
F CUP 1843 MOTEL
~ 1 RS-2
RS-2
V
2
~ I cUP 200304714 1 DU EACH
04529
rc
6 ' RCL 80-81-32 10U
,
5 z T-VAR 2003-04559
} VAR 1229
= N i M ! ROME AVENUE
w OTEL
o: o
' 9
C-G ~
~
RCL80-81-41 CUP 2231 e
X
' RGL 71.72-35 VAR 2338
I ~ 1 DU EACH
02
. MOTEL
C-G
RCL B0~1-04
CUP 2237
ECONO LODGE
RM-0
RM-0
MOTEL RCL 77-78-28 RCL 62-63-36
RCL 56-57-33
C-.G RCL 56-57-33 cUP 31a
'
~ R
9
0 MOTEL RS-2
NTS 1 DU EACH
APAR
T
CUP 31
0 ~
pU
• VAR 1056 awn-n
i ~,
Conditional Use Permit No. 379 Subject Property
Conditional Use Permit No. 3436 Date: September 8, 2004
TRACKING NO. CUP2004-04903 Scale: 1" = 200'
Requested By: JOHN WARD Q.S. No. 14
REQUEST TO TERMINATE CONDITIONAL USE PERMIT NOS. 379 (TO CONSTRUCT A SERVICE
STATION) AND 3436 (TO CONSTRUCT A FOUR STORY, 61-UNIT MOTEL, INCLUDING A
MANAGER'S UNIT).
736 South Beach Boulevard and 2966 West Stonybrook Drive 15D1
ATTACHMENT - R&R 1-D
Memo
To: City of Anaheim
From: John Ward
CC: file
Date: July 14, 2004
Re: Termination of existing Conditional Use Permits - 736 Beach Blvd
Please accept this memorandum as my request to cancel two existing Conditional use
permits on the above captioned property. The two Conditional Use Permits that I wish to
have cancelled are the following:
Conditional Use Permit No. 379 (to construct a service station)
Conditional Use Permit No. 3436 (to construct a 61-unit motel)
. ~~
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~~PP
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1
R&R ITEM N0. 1-E
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a I ~cR
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~ PENHALL COMPANY IND. BLDG. FACILITY "~
O ,
J
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~ RCL 65-66-66
RCL 53-54-19
QI PENHALL COMPANY
ii.
PENHALL WAY
s7o~ ' iso~-md I
CAMBRIDGE-LEE
INDUSTRIES
Y RCL b1 52 3 ;;
I I
RCL 53-54-19 RCL 51-52-3 0 _;; 200404905 -;
CUP 2746 rv ~ CUP 4051 -~%
F- CUP 2409 CUP 24D9
Z STORAGE ;: (CUP 2238) ';.
~ U $., SPRINT;
~ ..,,.
W
U 1
RCL 55-5642
SMALL INDUSTRIAL
FIRMS
RCL 72-73-27 ---- --- ------------ _ ~ LL RCL 54-55-14
SMALL IND. 1 d CUP 842
FIRMS -- ------- - tD= INDUSTRIAL
I `' RCL 5556-12 ~ ~ CENTER
CUP 2076 ~
SMALL INDUSTRIAL ~ _
FIRMS ( ) I J
1 j RCL 5556-12 ~
I I I
IND. FIRM I
m I CG m
C-G o I - ~~ RCL 75-76-01
',~ RCL 65-66-52 ,~, m~ I ~ y
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CUP 3034 ~ mx, I I RCL 55-5642 v"'o "a CUP 1924 r'm
~ SMALL SHOPS & ~~ ~~o ~ / / EQUIPMENT ~e,°~ e= cua ie7e ~a
J COMMERCIAL OFFICES ~~ Jmo tJ / / - ~ m VAR 2816 0>
)PS ~ I I - ~ r,a; I Ism RENTALS ~~ Imo caL. aac. ° ~~
Conditional Use Permit No. 4051 Subject Property
TRACKING NO. CUP2004-04905 Date: September 8, 2004
Scale: 1" = 200'
Requested 8y: PAUL ROTHENBERG Q.S. No. 46
REQUEST TO TERMINATE CONDITIONAL USE PERMIT NO. 4051 (TO PERMIT A
10,644 SQUARE FOOT, 2 STORY EXPANSION OF AN EXISTING 13,165 SQUARE FOOT
TELECOMMUNICATION SWITCHING STATION AND TO CONSTRUCT A MAXIMUM 65-FOOT
HIGH, ROOF-MOUNTED TELECOMMUNICATION TOWER).
1750 West Penhall Way toss
ATTACHMENT - R&R 1-E
C O N S U L T I NG
July 22, 2003
Ms. Vanessa Norwood
CITY OF ANAHEIM
Planning Department
200 South Anaheim Boulevard
P.O. Box 3222
Anaheim, CA 92803
Subject: Request to Terminate Conditional Use Permit #4051
Sprint Communications 1750 W. Penhall Way, Anaheim, CA
Dear Ms. Norwood:
/
~nw~ ~ -`er
'
~
/,~~ Is
RECEIVED -
PLA~lRI^JG
6
As Authorized Agent for Sprint Communications Company, on the above referenced project, we
are requesting a termination of the Conditional Use Permit #4051.
The CUP was approved and issued to accommodate the construction of a roof mounted
telecommunications tower to replace an existing lattice tower at the Sprint Communications
Switching Building. The existing tower was demolished and the permitted replacement tower
was not constructed due to the fact that the transmission facilities anticipated are no longer
necessary. API of the other construction components of the CUP have been completed.
Please consider this letter as a formal request for termination of the Conditional Use Permit for
this property. _
Should you have any questions please contact me at 949/486-1430.
Sincerely,
Canyon Consulting
Paul Rothenberg
President
cc: Maggie Pemberton -Sprint Communications, L. P.
Pat Mercado -Canyon Consulting
PLANNING CIVIL ENGINEERING SNRVEYING
4665 MACH RTHUR LOUPT, SUITE 200, NEWPORT 6EACN, CA 92660
949/486-1430 volca 949/486-1442 FAX
ITEM N0. 2
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Reclassification No. 2004-00124
J ~. ,g, w= P./
t F \ ~ 9t
STREET
a RM^zoo
~ PRj4\ x4
` ~ F ~ RM.1200 APR 1816-
1 .. °.r
Requested By: ANAHEIM REDEVELOPMENT AGENCY
M~ 5
R~~xv6
! Subject Property
Date: June 14, 2004
Scale: Graphic
Q.S. No. 84 / 94
M~
1NOAF\P
ML
PFE~F
D
CITY-INITIATED (COMMUNITY DEVELOPMENT DEPARTMENT) REQUEST FOR RECLASSIFICATION
OF THE PROPERTIES FROM THE ML'(LIMITED INDUSTRIAL) ZONE TO THE RM-3 AND RM-4
(RESIDENTIAL, MULTIPLE-FAMILY) ZONES OR LESS INTENSE ZONES.
516 East Santa Ana Street, 500-554 South Atchison Street, and 525-711 East South Street is~i(2ooa-s-3)
Item No.2
2a. CEG
2b. ' REC
SITE t
~~)
RECIU
wnunci udcnwuau m~ ~auuui ~.enu did neueveiupmem ri u~eut r~ied do
developed with various industrial uses.
Sr8785d5
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Page 1
RECOMMENDATION:
(5) That the Planning Comp
November 1 2009 mee
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\~~NNOEO `gs
ATTACHItENT -ITEM N0. 2
~:Il>ty ®~ 1~flfl~~I~IIIffi
To: Planning Commission
From: Mazk Asturias
Date: September 2, 2004
RE: RECLASSIFICATION N0.2004-00124
60 DAY REQUEST FOR CONTINUANCE
The Community Development Department requests a 60-day
continuance for Reclassification Request No. 2004-00124. Staff is
continuing to work with affected property owners and is reviewing the
opportunity to work with a residential developer who is in negotiations
to acquire the 18-acre parcel immediately south of the Kwikset parcel..
The continuance will provide an opportunity to explore a comprehensive
development strategy for the azea.
If you have any questions, please call me at (714) 765-4315.
T
RCL )d-0bJJ MI6)
ANAHEIM HILLS
ELEMENTARY SCHOOL
,~
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a~ '~
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ITEM N0. 3
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ALL PROPERTIES ARE IN THE (SC) (SCENIC CORRIDOR OVERLAY) ZONE
Reclassification No. 2003-00109 ® Subject Property
Tentative Tract Map No. 16545 Date: August 9. 2004
Scale: Graphic
Requested By: RED CURB INVESTMENTS Q.S. No. 286
RECLASSIFICATION NO. 2003-00109 -REQUESTS RECLASSIFICATION OF THE PROPERTY FROM
THE T (TRANSITION) ZONE FORMERLY RS-A-43,000 (SC) (RESIDENTIAL/AGRICULTURAL;SCENIC
CORRIDOR OVERLAY) ZONE TO THE RH-2(SC) (SINGLE-FAMILY HILLSIDE RESIDENTIAL; SCENIC
CORRIDOR OVERLAY) AND OS (SC) (OPEN SPACE; SCENIC CORRIDOR OVERLAY) ZONES.
TENTATIVE TRACT MAP NO. 16545 -REQUEST TO ESTABLISH A 28-LOT, 21-UNIT DETACHED
SINGLE-FAMILY SUBDIVISION.
No address
1433
Page 1 of 1
ATTACHMENT -ITEM N0. 3
Amy Vazquez
From: tom hartley [newcastleinc@cox.net]
Sent: Friday, August 27, 2004 11:37 AM
To: Amy Vazquez
Subject: TTM 16545
Amy,
Please continue our meeting to Sept 20 to allow for the review of our responses to geological questions.
Thank you
To m
oi~ni~nnn
ITEM N0. 4
_~
SANDALWOOD AVE
C-G
RCL 74-75-24
RS-3 CUP 1928
1 DU EACH CUP 1764
CUP 369
SYCAMORE PLAZA
RS-3 NEIGHBORHOOD
1 DU EACH SHOPPING CENTER
BELMONT AVE
C-G
LA PALMA AVENUE
~
-
zss
-~
I
C-G
C
RCL 75-76-12 RCV57612
T~up 20W 04766 - Q
LA PALMA SQUARE RCL 6S66E9 CUP 200104373 vo
GPPICE BLDG CUP 2004 04062 VAR 2914 S
MEDICAL OFFICES "; N
Q
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~
W
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CUP 1875 m
CUP 702 L11
CHURCH ~
PRE-SCHOOL LLl
DAYCARE J
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W
H
Q
~
REEj
RES ~
..... ~-~-.-_
t
T RM-4
SYCAMORE JUNIOR RCL 78-79-38
HIGH SCHOOL GUP 1875
49 DU
gYCPMO
Conditional Use Permit No. 2004-04862
Requested By: MARTS E. VANAGS
C-G
C-G
RCL fi5-66.70
RCL 57-56.18
PGN 97-12
CUP 2411
VAR 2490
USED CAR
RCL 57-58-18
CUP 2003-04742
T-CUP 2003-04726
CUP 2001-04451
CUP,200L--04433
"-' CUP 3642
CUP 2608
CUP 1685
-- GUP 1655
VAR 2037
VAR 1912 S
PCN 2003-00012
(CUP 3425)
(CUP 2758)
(CUP 2339)
(VAR 2136 S)
(VAR 1980 S)
GRANADA
SQUARE
GG I
CUP 1947
BLACH ANGUS
C-G I
RCL 65-fifi42 RM-0
RCL fii-62.36 RCL 61-62-3fi
ROL 54-55-21 -® ~ GU EACH-- -
CUP 900
CONROYS
RCL 1.62.36
RCL 54~55.2t
UP 28
C
2 RS-2
A
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g
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O~~ CL fi1.62-36
IN
P
O RE 1 T)U EACH
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RCL 6Z-61.4] ~
VAR 1522 ~
RCL fit-fi2d6
~DJ 2001-0021
OFFICE SLO(
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Subject Property
Date: September 8, 2004
Scale: 1" = 200'
Q.S. No. 102
REQUEST TO PERMIT A FREESTANDING TELECOMMUNICATIONS FACILITY (FAUX PALM
DESIGN) AND ACCESSORY GROUND-MOUNTED EQUIPMENT WITH WAIVER OF MINIMUM
STRUCTURAL SETBACK
555 North State College Boulevard
1469
4a. CEQA NEGF
4b. ' WAIVER OF
4c. CONDITION,
SITE LOCA7
I'll Thin:
Direction . - General Plan Designation
North, across La
Palma Avenue I Neighborhood Commercial I
East, across State
Colle a Boulevard General Commercial
South( Residential Low-Medium
West Office=Low
(5) The following zoning actions pertain to this property:
(a) Conditional Use Permit No. 2003-04708 (to reinstate a freestanding MRI trail
modification or deletion of a condition`of approval pertaining to a time limitati
approved by the Planning Commission on June 18, 2003. i
(ti) Conditional Use Permit No. 2001-04373 (to retain a mobile magnetic resona
imaging (MRI) unit and generator) wasjapproved by the Planning Commissic
June 18, 2001. I
Sr8766dh.doc
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sure
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19. That the subject
specifications su
Planning Depart
RESOLUTION NO. PC2004--*
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04882 BE DENIED
(555 NORTH STATE COLLEGE BOULEVARD)
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional'Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of
California, described as:
THAT PORTION OF LOT 3 OF ANAHEIM EXTENSION, AS SHOWN ON A MAP OF
SURVEY MADE BY WILLIAMS HAMEL AND FILED IN THE OFFICE OF THE COUNTY
RECORDER OF LOS ANGELES COUNTY, DESCRIBED AS FOLLOWS:
PARCEL 2 AS SHOWN ON A MAP RECORDED IN BOOK 83, PAGE 34 OF PARCEL
MAPS, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. CALIFORNIA.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the Gity of Anaheim on September 8, 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 18.60, 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 Gommission, 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 permit a telecommunications antenna (disguised as a palm
tree) with accessory ground-mounted equipment with waiver of the following:
SECTION NO. 18.36.060.0504 Minimum structural setback
(5 feet required; none proposed for ground-
mounted equipment enclosure)
2. That the waiver pf structural setback for equipment is hereby denied on the basis that there
is no hardship on the property including size and shape to prevent a minimum 5-foot wide setback adjacent
to all property lines for the proposed ground-mounted equipment.
3. That the faux palm tree telecommunication facility is hereby denied because the proposed
facility would adversely affect adjoining land uses and would be incompatible with the surrounding area as
the City has invested a substantial amount of resources along the State College Boulevard Corridor and La
Palma Avenue Corridor to improve the streetscape and reduce the visual impacts of utilities infrastructure.
Adding the proposed telecommunications facility would be in direct conflict with the goal of reducing the
visual impacts of utilities.
4. That the size and shape of the site proposed for the use is not adequate to allow full
development of the proposed use in a manner not detrimental to the particular area nor to the health and
safety of the Citizens of the City of Anaheim since the proposed height and location of the faux palm tree
telecommunication facility would be very visible to adjacent streets and properties.
5. That alternatives to better disguise the proposed facility exist and should be pursued to
mitigate potential aesthetic impacts to the surrounding properties and area associated with the current
proposal.
Cr\PC2004-0 -1- PC2004-
6. 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: That the Anaheim City Planning
Commission has reviewed the proposal to permit a faux palm tree telecommunication facility with waiver of
minimum structural setback; and does hereby approve the Negative Declaration upon finding that the
declaration reflects the independent judgment of the lead agency and that it has considered the Negative
Declaration together with any comments received during the public review process and further finding on the
basis of the initial study and any comments received that there is no substantial evidence that the project will
have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby deny subject Petition for Conditional Use Permit, on the basis of the aforementioned findings.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
September 8, 2004. Said resolution is subject to the provisions set forth in Chapter 18.60, "Procedures" of
the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council
Resolution in the event of an appeal.
CHAIRMAN., ANAHEIM CITY PLANNING COMMISSION
ATTEST:
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 Ciry Planning
Commission held on September 8, 2004, by the following vpte 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-
RUG-23-2004 NON 01 49 PN TRILLIUM TELECOM FAX N0, 562 799 9215 P. 02/02
08-Y3-2004 10:38ae Ftsa° T-9T8 P.002/002 f°890
ATTACHMENT -ITEM N0. 4 '
PETITIONER'S STATEMEMf OF
7USTIFICATION FDR VARIANCE/CODIi WAIVER
(NOT RBQUIRED FDR PARKING WAIVER)
REQUPST FOR WAIVER OF CODE SECTION:
(A separate staumem is required foreach Code waiver)
PERTAINING T0: ~ ~ ~z~-u-
Sections 18.03.04D.030 and 18.12.060 of the Anaheim Munidpal Code require that before arly vadanee or Cade waiver may be
granud by the Zoning Administrator or Planning Cottunlssion, the following shall be shown:
That there are special circumstances applicable to the property, including slze,'shape, topography, location or
surroundings, which do not apply to other property under identical Zoning elassificadon in the vicinity; ;~
?. That, becauso of such special clreumatances, evict application of flee zoning cads deprives the property of`prfvlleges
enjoyed by other property under identical zoning elassiflcafion in the vicialty.
!n order to detemtlne if such special cireumsmnees exist, and m assist the Zoning Adminlsastor oe Planning Commission to
arrive at a decision, please answu tech of the fopowing questions regarding the property foe which a varlatue is sought, fully
and as completely as possible. Ifyou need additional spec®, you may armeh additional pages.
Are them special ~rcumstances that apply to the property in tnaaets such es size, shape, topography, location or
surroundin¢7 / Yes _ No.
answer. is "Yes." describe the special eiecumstances:
2. Are the special cincumstaaeas that apply m the property different from other ptopartios in Ute vicinity which ace in the
same rant as your property? ~ Yes _ No
eoswer is "yes," describe bow the property Is
3. Do the speaial circumstances applicable to tlivproperty depelve i[ of privileges currettely et~oyed by rlefghboring
properties located withlnthe same zone? /,Yes No
a.
EXPLAIN: ~ie~ 66rs i ~-' ~/ ~ ~s~G~-~rrrr' cavrcF.R-.
The sole puryoso of arty vaeienca or Code waiver shall be to prevent discrimination, and no variartee or Code waiver shall be
approved which would have the effectof granting a special privilege not shared by other prop®rty in the soma vicinity and acne
which is not th ise expre~lysudtotized by zone regulations governing subject property. Use variances arc not permined.
~L
S' re of- party Owner oeAUthorized Agent e
CONDITIONAL USE PERMITNARIANCE NO. ,~Y~ OY~~
3~saweceMSett tx, sooo
lusuftentlou wot.er, dor
W~enre~ ~ apeeiY ctroum o nces created by causes beyond the control of the property owner (or previous property
ITEM N0. 5
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Conditional Use Permit No. 2004-04884
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Subject Property
Date: September B, 2004
Scale; 1" = 200'
Requested By: SONFARREL, INC Q.S. No. 131
REQUEST TO PERMIT THE OUTDOOR STORAGE OF AUTOMOBILES WITHIN THE SP94-1 DA 1
(NORTHEAST AREA SPECIFIC PLAN, INDUSTRIAL AREA) ZONE WITH WAIVER OF MfN1MUM
NUMBER OF PARKING SPACES.
3301 East Miraloma Avenue
~a~e
Direction' GerieraltPlan
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(16); Staff is supportive of this request to store v
based on the proposal's compliance with C
stored below the height of the existing fenc
industrial property, is completely surrounde
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would be par
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FINDINGS:
S
F
(Unlisted Uses F
(b) That the use as
growth and devF
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development of
or td he health
Page 7
Page
[DRAFT]
:RESOLUTION NO. PC2004--`
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04884 BE GRANTED -
(3301 EASTMIRALOMAAVENUE)
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange., State of
California, described as:
THE WEST ONE-HALF OF LOT 8, BLOCK 5 OF THE GOLDEN STATE TRACT, AS
SHOWN ON MAP RECORDED IN BOOK 4, PAGES 66 AND 67 OF MISCELLANEOUS
MAPS, RECORDS OF SAID COUNTY. EXCEPT THEREFROM THE WESTERLY 40.00
FEET THEREOF. ALSO EXCEPTING THEREFROM THE SOUTHERLY 45:00 FEET
THEREOF. ALSO EXCEPTING THEREFROM THAT CERTAIN PARCEL DESCRIBED
AS FOLLOWS: BEGINNING AT THE INTERSECTION OF A LINE PARALLEL W ITH AND
60.00 FEET EASTERLY OF THE WESTERLY LINE OF SAID LOT 8 AND A LINE
PARALLEL WITH AND 45.00 FEET NORTHERLY OF THE CENTERLINE OF MIRA LOMA
AVENUE (90.00 FEET IN WIDTH); THENCE ALONG LAST SAID PARALLEL LINE
NORTH 73° 43' 45" EAST, 270,04 FEET TO THE EASTERLY LINE OF SAID WEST ONE-
HALF OF LOT B; THENCE ALONG SAID EASTERLY LINE NORTH 16° 15' 44"WEST,
343.00 FEET TO A LINE PARALLEL WITH AND 388.00 FEET NORTHERLY OF SAID
CENTERLINE OF MIRA LOMA AVENUE; THENCE ALONG LAST SAID PARALLEL LINE
SOUTH 73° 43' 45" WEST, 269.99 FEET TO SAID LINE THAT IS PARALLEL WITH AND
60.00 FEET EASTERLY OF SAID WESTERLY LINE OF LOT 8; THENCE ALONG LAST
SAID PARALLEL LINE SOUTH 16° 15' 15" EAST, 343.00 FEET TO THE POINT OF
BEGINNING THEREOF.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on September 8, 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 18.60, to
hear and consider evidence for and against said proposed conditional use permit and to investigate and
make Endings 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 request to permit the outdoor storage of automobiles is properly one for which a
conditional use permit is authorized by Anaheim Municipal Code Section No. 18.120.050.0545 with waiver of:
Section No. 18.42:040 Minimum number of oarking spaces
(21 spaces required; 3 spaces proposed and
recommended by the Traffic and Transportation
Manager)
2. That the waiver, based on the parking study submitted by the applicant and under the
conditions imposed, the use will not cause fewer off-street parking spaces to be provided for the 3 parking
spaces proposed is adequate to meet the number of such spaces necessary to accommodate all vehicles
attributable to such use under the normal and reasonably foreseeable conditions of operation of the use.
3. 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 since the 3 parking
spaces proposed is adequate to meet the peak demand to accommodate employees and any rare visitor to
the site.
Cr\PC2004-0 -1- PC2004-
4. That the waiver, under the conditions imposed, will not increase the demand and competition
for parking spaces upon adjacent private property in the immediate vicinity of the proposed use as the
project site provides more than adequate on site parking for the proposed use.
5. That the waiver, under the conditions imposed, will not increase traffic congestion within the
off-street parking areas or lots provided for the proposed use.
6. 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.
7. That the proposed use as conditioned herein will not adversely affect the adjoining land uses
and the growth and development of the area in which it is located.
8. That the size and shape of the site for the proposed use is adequate to allow full
development of the use in a manner not detrimental to the particular area nor to the health and safety.
9. 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 because the site contains ample
area for auto haulers to maneuver and unload vehicles entirely on the property.
10. That granting this conditional use permit will not, under the conditions imposed, be
detrimental to the health and safety of the citizens of the City of Anaheim.
11. 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: That the Anaheim City Planning
Commission has reviewed the proposal to permit an outdoor auto storage facility with waiver of minimum
number of parking spaces; and does hereby approve the Negative Declaration upon finding that the
declaration reflects the independent judgment of the lead agency and that it has considered the Negative
Declaration together with any comments received during the public review process and further finding on the
basis of the initial study and any comments received that there is no substantial evidence that the project will
have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby grant subject Petition for Conditional Use Permit, upon the following condd~ons which are hereby
found to be a necessary prerequisite to the proposed use of the subject property m order to preserve the
health and safety of the Citizens of the City of Anaheim:
1. That the temporary storage of new automobiles is approved for a period of three (3) years to expire on
September S, 2007.
2. That the property shall be permanently maintained in an orderly fashion through the provision of regular
landscaping maintenance, removal of trash and debris, and removal of graffiti within twenty four (24)
hours from time of occurrence.
3. That the existing chain link fencing shall be interwoven with PVC slats. The fencing shall be of sufficient
height to fully screen the materials stored outdoors from view of the public right-of-way. Any proposed
gates shall also be interwoven with PVC slats. Said information shall be specifically shown on plans
submitted to the Planning Services Division for review and approval.
4. That no barbed wire or razor wire shall be visible in any direction tc any non-industrially zoned property
or any public right-of-way.
-2- PC2004-
5. That the outdoor storage of automobiles shall not exceed the height of the perimeter fencing and shall
not be visible to any adjacent public right-of-way.
6. That the outdoor storage shall be limited to automobile inventory only. No damaged or salvage
automobiles permitted.
7. That no advertising including advertisements placed directly on the automobiles shall take place'at this
location.
8. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval
showing conformance with the current versions of Engineering Standard Plan Nos. 436 and 470
pertaining to parking standards and driveway locations. Subject property shall thereupon be developed
and maintained in conformance with said approved plans.
9. That gates shall not be installed across any driveway in a manner, which may adversely affect vehicular
traffic in the adjacent public street. Installation of any gates shall conform to Engineering Standard Plan
No. 475 and shall be subject to the review and approval by the City Traffic and Transportation Manager.
10. That no required parking area shall be fenced or otherwise enclosed for outdoor storage use.
11. That the driveway on Miraloma Avenue shall be reconstructed to accommodate ten (1D) foot radius curb
returns in conformance with Engineering Department Standard No. 115. Said information shall be
specifically shown on plans submitted for review and approval by the City Traffic and Transportation
Manager.
12. That any loading and unloading of vehicles shall occur on-site only, and shall not take place in any
required parking area or within the public right-of-way.
13. That adequate lighting of parking lots, driveways, circulation areas, and grounds contiguous to buildings
shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly
visible the presence of any person on or about the premises during the hours of darkness and provide a
safe, secure environment for all persons, property and vehicles onsite. That the minimum lighting level
in all parking lots shall be one-foot candle, with a maximum to minimum ratio no greater than 15:1. Said
information shall be specifically shown on plans submitted for Police Department, Community Services
Division approval
14. That a BurglarlRobbery Alarm permit application, Form APD 515 shall be obtained from the Police
Department and submitted in a complete form.
15. That a Fire Emergency Listing Card; Form APD-281 shall be obtained from the Police Department and.
submitted in a complete form.
16. That no activity other than new vehicle storage shall occur on the property No vehicle repair, sales,
rental, washing, detailing and/or salvage shall be permitted.
17. That no signage (other than the address) shall be permitted.
18. That this storage facility shal'I be limited to automotive vehicles only in conjunction with the primary
business, California Auto Dealers Exchange ("C.A.D.E ") which is located at 1320 North Tustin Avenue.
No other equipment or types of materials shall be stored on-site.
19. 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 No. 1, and as conditioned herein.
-3- PC2004-
20. That prior to the commencement of the activity authorized by the resolution, or within one (1) year from
the date of this resolution, whichever occurs first, Condition Nos., herein-mentioned, shall be complied
with. Extensions for further time to complete said conditions may be granted in accordance with
Section 18.40.040.040 and 18.42.040.010 of the Anaheim Municipal Code.
21. That approval of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal
regu ations. 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
September 8, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60,
"Procedures" 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, 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 September 8, 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
-4- PC2004-
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ALL PROPERTIES ARE IN THE SP 94-1 (NORTHEAST INDUSTRIAL AREA) ZONE
D
Conditional Use Permit No. 2004-04878 Subject Property
Date: September 8, 2004
Scale: 1" = 200'
Requested sy: NELL T. GENOVESE Q.S. No. 143
REQUEST TO PERMIT AND RETAIN AN EXISTING PALLET REPAIR AND STORAGE YARD
AND A LANDSCAPE CONTRACTOR'S STORAGE YARD.
1352 North Miller Street
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ITEM N0. 6
6a. ': CEQA NEGE
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SITE LOCAL
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'..Page 1'
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Miller Street with seven (7) trees in compliance with Code requires
and a 3-foot high hedge to screen the parking lot from Miller Stree
indicated in the parking lot also in compliance with Code.
.080 Liquids. All gasolinE
unregistered vehicle located ire
'No storage of vehicles oth
operations of the business is
.090 Salvage Yard. No s
M•
(c) That the size and shape ofthe site for the modified use inadequate to alloWt
development of the proposed use in a manner not detrimental to the: particula
or to the health end safety;:
(d) That the traffic generated by the modified use will not impose an undue burde
the sheets and'highwaysdesigned and improved to carry he traffic in the are
(e) That the granting of the conditional use permit under the conditions imposed;
will not be detrimental to'tfte health and safety of the citizens of the Gity of An
RECOMMENDATIONi
;r(21) Staff recommends that, unless atlditional d~contrary ihformation is received during:
meeting, antl based upon the evidence submitted to the Commission, including the
evidence presented in this staff report, and oral and written evidence presented aft
public hearing, the Commission aoprove this request: by adopting the attached reso
including the findings'and conditions contained therein.
[DRAFT]
RESOLUTION NO. PC2004--"
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04878 BE GRANTED
(1352 NORTH MILLER STREET)
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of
California, described as:
THE NORTHERLY 132 FEET OF THE WESTERLY 330 FEET OF THE EASTERLY 660 FEET
OF THAT PORTION OF LOT 2 IN BLOGK "K" OF THE KRAEMER TRACT, AS SHOWN ON A
MAP RECORDED IN BOOK 12, PAGES 87 AND 88 OF MISCELLANEOUS RECORDS OF
LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE EASTERLY LINE OF SAID LOT, 28 CHAINS SOUTHERLY
FROM THE NORTHEASTERLY CORNER OF SAID LOT; THENCE SOUTHERLY ALONG
SAID EASTERLY LINE 12.03 CHAINS TO THE SOUTHEASTERLY CORNER OF SAID LOT;
THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID LOT, 20 CHAINS TO THE
SOUTHWESTERLY CORNER OF SAID LOT; THENCE NORTHERLY ALONG THE
WESTERLY LINE OF SAID LOT, 12.03 CHAINS TO THE SOUTHWESTERLY CORNER OF
THE TRACT OF LAND DESCRIBED IN THE DEED TO EMMA SHAFFER, RECORDED
DECEMBER 6, 1917, IN BOOK 136, PAGE 202 OF DEEDS; THENCE EASTERLY ALONG
THE SOUTHERLY LINE OF SAID TRACT, 20 CHAINS TO THE POINT OF BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on September 8, 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 18.60, 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 request to permit and retain a pallet repair and storage yard and a landscape
contractor's storage yard is properly one for which a conditional use permit is authoru:ed by Anaheim
Municipal Code Section Nos. 18.120.050.0515 and 16.120.050.0545.
2. That the proposed use as conditioned herein will not adversely affect the adjoining land uses
and the growth and development of the area in which it is located.
3. That the size and shape of the site for the proposed use is adequate to allow full
development of the use in a manner not detrimental to the particular area nor to the health and safety.
4. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area because customers do not visit
the site and there is ample room to store trucks and equipment associated with the businesses on-site.
5. That granting this conditional use permit will not, under the conditions imposed, be
detrimental to the health and safety of the citizens of the City of Anaheim.
6. That'"' indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
Cr\PC2004-0 -1- PC2004-
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to permit and retain a pallet repair and storage yard and a landscape
contractor's storage yard 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 f nding on the
basis of the initial study and any comments received that there is no substantial evidence that the project will
have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby
found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the
health and safety of the Citizens of the City of Anaheim:
1. That the property shall be permanently maintained in an orderly fashion through the provision of regular
landscaping and fence maintenance, gravel maintenance and asphalt repair, removal of trash and
debris, and removal of graffiti within twenty four (24) hours from time of occurrence.
2. That the existing or new perimeter chain link fencing shall be interwoven with new PVC slats. The
fencing shall be of sufficient height to fully screen the materials stored outdoors from view of the public
right-of-way and the Santa Ana River Bicycle Trail. Said information shall be specifically shown on
plans submitted to the Planning Services Division for review and approval. The fencing shall be
constructed within 180 days of the date of this resolution.
3. That no barbed wire or razor wire shall be visible in any direction to any non-industrially zoned property,
public right-of-way or the Santa Ana River Bicycle Trail
4. That the outdoor storage shall be limited to pallets and equipment used in conjunction with the pallet
repair and storage business and the landscape contractor's storage yard.
5. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval
showing conformance with the current versions of Engineering Standard Plan Nos. 436 and 470
pertaining to parking standards and driveway locations. Subject property shall thereupon be developed
and maintained in conformance with said approved plans. The improvements shall be constructed
within 180 days of the date of this resolution.
6. That gates shall not be installed across .any driveway in a manner which may adversely affect vehicular
traffic in the adjacent public street. Installation of any gates shall conform to Engineering Standard Plan
No. 475 and shall be subject to the review and approval by the City Traffic and Transportation Manager.
Said information shall be specifically shown on plans submitted to the City Traffic and Transportation
Manager for review and approval.
7. That no required parking area shall be fenced or othervvise enclosed for outdoor storage use.
8. That the two driveways on Miller Street shall be reconstructed to accommodate ten (10) foot radius curb
returns in conformance with Engineering Department Standard No. 115-A. Said information shall be
specifically shown on plans submitted to the Traffic and Transportation Manager for review and
approval.
9. That an on-site trash truck turn around area shall be provided per Engineering Standard Detail No. 476
and shown on plans submitted to the Public Works Department, Streets and Sanitation Division for
review and approval
10. The applicant shall submit street improvement plans prepared by a Registered Civil Engineer to the
Public Works Department, Development Services Division and a bond shall be posted to guarantee that
Miller Street is improved in conformance with Public Works Standard Details 160-A and 115-A. Plans
shall be reviewed and approved by the City Engineer. The improvements shall be constructed with 180
days of the date of this resolution.
11. That any loading and unloading of equipment or pallets shall occur on-site only, and shall not take place
in any required parking area or within the public right-of-way.
-2- PC2004-
12. That water backflow equipment and any other large water system equipment shall be installed to the
satisfaction of the Water Utility Division behind the street setback area in a manner fully screened from - -
all public streets and alleys.
13. That aBurglar/Robbery Alarm permit application, Form APD 515 shall be obtained from the Police
Department and submitted in a complete form.
14. That 4-foot high address numbers shall be displayed on the office roof in a contrasting color to the roof
material. The numbers shall not be visible from the view of the street or adjacent properties. Said
information shall be specifically shown on plans submitted for Police Department approval in the event
the office is constructed.
15. That the proposal shall comply with all signing requirements of Chapter 44 (Signs) for the "I" (Industrial)
zone unless a variance allowing sign waivers is approved by the Planning Commission.
16. That only pallets, chippers, stump grinders, forklifts, equipment, trailers, and vehicles incidental to the
pallet repair and storage business and the landscape contractor's business shall be stored at the
property in the designated locations as shown on the approved site plan. Said items shall not exceed
the height of the perimeter fencing and shall not be visible from Miller Street or the Santa Ana River
Bicycle Trail.
17. That any oil, fuel or fluid waste products shall be disposed of in an approved manner.
18. That no retail sales of firewood shall be permitted on-site.
19. That all major engine, equipment, and truck repairs and/or overhauls shall be prohibited at the property
and only fluid changes, fire changes and tune-ups of business vehicles and equipment shall be
permitted.
20. That the property owner shall pay the cost of Code Enforcement Division quarterly inspections once
each month for two (2) years from the date of this resolution, or as deemed necessary by the City's
Code Enforcement Division to gain andlor maintain compliance with State and local statutes,
ordinances, laws or regulations.
21. That plant debrts incidental to the tree trimming shall not be mulched or allowed to compost on-site.
Plant debris shall be removed on a weekly basis between June and October. During this time, no single
pile of debris may remain on the property for longer than seven (7) days prior to total removal of the
pile. Plant debris shall be removed within 30 days during the months of November through May. At no
time shall any plant material or equipment be visible above the fence line.
22. That a Fire Emergency Listing Card; Form APD-281 shall be obtained from the Police Department and
submitted in a complete form.
23. That a landscape and irrigation plan showing compliance with City standards shall be submitted for the
review and approval of the Planning Services Division. Plans shall indicate species, size, and location
of required trees and plant materials and irrigation details.
24. That no washing of vehicles or equipment shall occur on the property.
25. That no roof-mounted equipment shall be permitted on the roof of the office building or pole shed.
26. That the office shall not be used as a dwelling unit at any kime.
27. That commercial vehicles shall not be parked for overnight storage in the parking lot.
28. That clear unobstructed access to all parts of the property shall be provided as determined by the
Anaheim Fire Department at all times.
-3- PC2004-
29. 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 and 2, and as conditioned herein. - ".--
30. That Condition Nos. 2, 5, 6, 8, 9, 10, 13, 14, 16, 22, 23 and 29, above-mentioned, shall be completed
within a period of 180 days from the date of this resolution.
31. 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 herenabove 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
September 8, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60,
"Procedures" 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, 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 September 8, 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
-4- PC2004-
ATTACHMENT - ITEM N0. 6
MEMORANDUM
CITY OF ANAHEIM
Planning Department
DATE: AUGUST 19, 2004
TO: CHERYL FLORES, SENIOR PLANNER
FROM: MARTI DE LA CUEVA, CODE ENFORCEMENT OFFICER Xr~
SUBJECT: 1352 N. MILLER STREET
On December 31, 2003, I conducted an inspection at the above-referenced address due to a fire
that occurred on December 26, 2003. At the time of the inspection, Cathy Mobely, Fire
Insepector, and Art Hopkins, Building Inspector, and myself, noted several violations.
As of August 19, 2004, all Fire and Building Code violations have been abated, however, a
Conditional Use Permit is required in order for Mr. Palafox to maintain his pallet business at the
current location.
If you have any further questions, please feel free to contact me at extension 4484.
ITEM N0. 7
T
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Conditional Use Permit No. 3511 Subject Property
TRACKING NO. CUP2004-04879 Date: September 8, 2004
Scale: 1" = 200'
Requested By: SPIEKER PROPERTIES LP Q.S. No. 117
REQUEST FOR REINSTATEMENT OF T HIS PERMIT BY THE MODIFICATION O R
DELETION OF A CONDITION OF APPROVAL PERTAINING TO A TIME LIMITAT ION
(APPROVAL ON OCTOBER 11, 1999 TO EXPIRE OCTOBE R 11, 2004).
1531 South Sinclair Street -Stadium Vineyard Church 1477
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ITEM N0 ~
Staff Report to the
'Planning Commissioh
September 8, 2004 ''
Item No. Z
(a) The facts'necessary to support each and every finding for the'original approval
i of the entitlement as set forth: in this chapter exist;
(b) The permit is being exercised substantially in the same manner and in
conformance with ell conditions and stipulations originally approved;
(c) The permit is being exercised in a manner not detrimental to the particular area
I' and surrounding land uses, nor to the health and safety; and
(d) With regard only to any deletion of a time limitation; such deletion is
appropriate because It has been demonstrated that the use has operated in a
manner that is appropriate in the underlying zone and the surrounding area
and thafthe periodic review of he use is'no longer'hecessaryand/or that it can
be determined that,'due to changed circumstances; the use is consistent with
the City'slong-term plans for the area
(13) Subsection 18.60.190.040 of the Anaheim Municipal Code requires that before a major or
m(nor amendment to a permit may be approved, the'~eview authority shalt make the
`findings required for the original permit approval, as follows:
(a) That the proposed use Is properly one for which a conditional: use permit is
authorized by this code, or is"an unlisted use as defined in subsection .030
(Unlisted Uses Permitted) of Section 16:66.040 (Approval Authority);
(b) That the proposed use will not adversely affect the'adjoining land uses or the
growth and development of the area in which it is proposed to be located;
(c) That the size and shape of the site proposed for the use is adequate to allow
the full development of the proposed use in a manner not detrimental to the
..~'fi..nidr nre~nn 4nF,e~1~H .~n}I c~fcfir
Nuuu~. ncai u,y, u,cvvn uniaaivn cuuiuvc u c Nc uuvna., a ,..y.,w , ,..+.., ,.,....~ ..~ ......1..~~.~
the attached resolution including the findings and conditions contained therein:
Page 3
[DRAFT]
RESOLUTION NO. PC2004--***
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 3511, AND
AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NOS. PC92-45,
PC94-134 AND PC99-179, ADOPTED THEREWITH
(1531 SOUTH SINCLAIR STREET)
WHEREAS, on April 6, 1992, the Planning Commission adopted Resolution No. PC92-
45 to approve Conditional Use Permit No. 3511 and permit a church with waiver of minimum number of parking
spaces for five years on property located at 1531 South Sinclair Street; and that on October 3, 1994, the
Planning Commission adopted Resolution No. PC94-134 to amend Condition No. 1 of said Resolution No.
PC92-45 and permit the use until October 1, 1999; and that on October 11, 1999, the Commission adopted
Resolution No. PC99-179 to amend Condition No. 1 of said Resolution No. PC99-179 and permit the use until
October 11, 2004; and
WHEREAS, said Resolution No. PC99-179 includes the following condition of approval:
"1. That subject use permit shall expire five (5) years from the date of this resolution
(on October 11, 2004):'
WHEREAS, the petitioner has requested reinstatement of this conditional use permit under
authority of Section 18.60.180 of the Anaheim Municipal Code to retain the church; and
WHEREAS, this property is developed with an industrial building with tenant improvements for
this church facility (Stadium Vineyard Church) in the I (Industrial) zone; and that the Anaheim General Plan Land
Use Element designates this property for Industrial land uses; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center to the City
of Anaheim on September 8, 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 18.60, to hear
and consider evidence for and against said proposed amendment and to investigate and make findings and
recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself and in
its behalf, and after due consideration of all evidence and reports offered_at said hearing, does find and
determine the following facts:
1. That the church is properly one for which a conditional use permit is authorized by Code Section
18.08.030.040;
2. That the proposed use will not adversely affect the adjoining land uses or the growth and
development of the area in which it is proposed to be located;
3. That the size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area or to health and safety;
4. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area; and
5. That the granting of the conditional use permit under the conditions imposed, will not be
detrimental to the health and safety of the'citizens of the City of Anaheim.
6. That the facts necessary to support each and every finding for the original approval of the
entitlement as set forth in this chapter exist;
C R1PC2004-0 -1- PC2004-
7. That the permit is being exercised substantially in the same manner and in conformance with all
conditions and stipulations originally approved and as confirmed by inspection of the Code Enforcement Division
of the property and as indicated a memorandum dated July 29, 2004;
8. That the permit is being exercised in a manner not detrimental to the particulararea and
', surrounding land uses, nor to the health and safety as the site is being well maintained and no open code
enforcement violations exist on the property; and
9. That with regard only to any deletion of a time limitation, such deletion is appropriate because it
- has been demonstrated that the use has operated in a manner that is appropriate in the underlying zone and the
surrounding area .and that the periodic review of the use is no longer necessary and it can be determined that,
due to changed circumstances, the use is consistent with the City's long-term plans for the area.
10. That "*" indicated their presence at the public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to reinstate this permit by the modification or deletion of a condition of
approval pertaining to a time limitation (approved on October 11, 1999 to expire October 11, 2004) to retain a
church; and does hereby find that the Negative Declaration previously approved in connection with Conditional
Use Permit No. 3511 is adequate to serve as the required environmental documentation in connection with this
request upon finding that the declaration reflects the independent judgment of the lead agency and that it has
considered the previously approved Negative Declaration together with any comments received during the
public review process and further finding on the basis of the initial study and any comments received that there
is no substantial evidence that the project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby amend Resolution Nos. PC 92-45, PC94-134 AND PC99-179 in their entirety, adopted in connection
with Conditional Use Permit No. 3511, to reinstate this conditional use permit without a time limitation with the
following conditions of approval:
1. That fire sprinklers and a local fire alarm system shall be maintained as required by the Fire
Department.
2. That subject property shall be maintained substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1 through 4.
3. That the petitioner shall obtain a reciprocal parking agreement for additional off-site parking during any
hours when there are large congregations on the subject property. Said parking agreement shall be
reviewed and approved by the City Traffic and Transportation Manager, and the City Attomey. If
required by the Gity Attomey, said agreement shall be recorded with the Office of the Orange County
Recorder.
4. That the hours of operation shall be as follow:
Worship services: Sunday 8:00 a.m. to 2:30 p.m.
Office hours: Tuesday through Friday 9:00 a.m. to 5:00 p.m..
Special meetings: Saturday Between 12:00 p.m. and 6:00 p.m. or
Sunday After 6:00 p:m.
5. 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.
-2- PC2004-
AND BE IT FURTHER RESOLVED that the Planning Commission does hereby add the following
new conditions:
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
September 8, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures"
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, 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 September 8, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
2004.
IN WITNESS WHEREOF, I have hereunto set my hand this. day of
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-3- PC2004-
ATTACHMENT -ITEM N0. 7
PETITIONER'S STATEMENT
JUSTIFICATION FOR REINSTATEMENT --
° Section 18.03.093 of the Anaheim Municipal Code requires that before any conditional use permit or variance containing a
time limitation can be reinstated for an additional period of time, or before such time limitation may be deleted or modified by
the Planning Commission or Zoning Administrator, the following must be shown:
I. The facts necessary tosupport each and every required showing for the issuance otsuch entitlement as set forth in
the following excerpts from the Anaheim Zoning Code still exist:
18.03.030 (Relative to Conditional Use Permits)
Before the City Council or Planning Commission may grant any request for a conditional use permit., ft must make a
finding of fact, by resolution, fhat the evidence presented shows that all of the following exist:
.031 That the proposed use is properly one for which a conditional use permit is authorized by this code, or is not
listed herein as being a permitted use;
.D32 That fhe proposed use will no[ adversely affect the adjoining land uses and the growth and development of
the area in which it is proposed to be located;
.033 That the size and shape of the site proposed for the use is adequate to allow the full development of the
proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general
welfare;
.034 That the traffic generated by the proposed use will not impose an undue burden upon the streets and
highways designed and improved to carry the traffic in the area;
.035 That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to
the peace, health, safety and general welfare of the citizens of the City of Anaheim;
18.03.040 (Relative Eo Variances)
Before any variance may be granted by the Planning Commission it shall be shown:
.031 That there are special circumstances applicable to the property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical zoning classification in the vicinity;
.032 That, because of special circumstances shown in ,031, strict application of the zoning code deprives the
property of privileges enjoyed by other property under identical zoning classification fn the vicinity.
2. Said permit or variance is being exercised substantially in the same manner and in conformance with all conditions
and stipulations originally approved by the approval body;
3. Said permit or variance is being exercised in a manner not detrimental to the particuiar area and surrounding land
uses, nor to the public peace, health, safety and general welfare; and
4. With regard only to any deletion of a time limitation, such deletion is necessary to permit reasonable operation under
the permit or variance as granted.
In order to determine if such findings exist, and to assist the Zoning Administrator or Planning Commission to arrive at a
decision, please answer the fallowing questions fully and as complete as possible. A!!a~h additional sheets if additional
space is needed.
Has any physical aspect of the property for which this us~mit or variance bean granted changed significantly
since the iss~~uyance ofrrthi~~slluse permit or variance? ^ Y\ES NO
Explain: BV C' 4tOCil~teY~S iJ'r VYIC~'It~'1CI1~(~xS Sib1Ct (':'1~~11(t~~ ~°U•~
LUGS YZ'~itPS~~
(over)
CASE NO.
CUP N0. .. a 511
2. Have the land uses in the Immediate vicinity changed since the issuance of this use permit or vadance?
^ YES L9-I~0
Explain: ~~ L `'1GlYlr~PS t~ 1>~~ ~11~1C~ p V2' ~1'6" ~-]
3. Has any asp~et of the nature of the operation changed since the issuance of this use permit or variance?
^ YES GYIQO
Explain: S'~-1~~ ~1,1V~L''}i~b1ib(~ ~i't~ ~ C~'~I.IV~~
4. Are the conditions of approval ps
Explain:wb U ~ ~
7 to the use permit or variance being complied with? ®~S ^ NO
_ t
5. If you are requesting a del~n of the time limitation, is this deletion necessary for the continued operation of this use
orvariance7 ^YES L9'FJO1
Explain: ~~d •STI11~ ~~ ~JP/~Ir Y~PIVIS~~IM1IFNI~
_ _ _ _ __
Name of P,ropertv.Owner or Authorized Anent rarA~~o admen
/ ~~
or
'. ZOfi22fiJKWG 12/97
CASE NO.
CI~P N0. m ~ 51 I
2 ,. _
ATTACHMENT -ITEM N0. 7
1VIEMOI2ANDUM
CITY OF ANAHEIM
Code Enforcement Division
DATE: JAULY 29, 2004
TO: JOHN RAMIREZ, ASSISTANT PLANNER
'Y!'13.°
FROM: MATTHEW D. LETTERIELLO, CODE ENFORCEMENT OFFICER
SUBJECT: REINSTATEMENT OF CUP 3511, TRKG CUP2004-04879
STADIUM VINEYARD
1531 S. SINCLAIR STREET
At your request I went to the above location to inspect the property for any code violations. I
found the building, parking lot and landscaping were all in excellent condition and well
maintained. There were no obvious violations observed. The business appeared to be closed and
there was only one vehicle on the east side of the property (front parking lot).
If I can be of any further assistance please telephone me at extension 4446
NIDL
1531 5 Sinclair st memo.doc
ATTACHMENT -ITEM N0. 7
RESOLUTION NO. PC99-179
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 3511
FOR A PERIOD OF FIVE YEARS (5) UNTIL OCTOBER 11, 2004
WHEREAS, on April 6, 1992, the Planning Commission adopted Resolution No. PC92-
45 to approve Conditional Use Permit No. 3511 and permit a church with waiver of minimum number of
parking spaces for five years on property located at 1531 South Sinclair Street; and that on October 3,
1994, the Planning Commission adopted Resolution No. PC94-134 to amend Condition No. 1 of said
Resolution No. PC92-45 and permit the use until October 1, 1999; and
WHEREAS, the petitioner has requested reinstatement of this conditional use permit
under authority of Section 18.03.093 of the Anaheim ~Aunicipal Code to retain the church; and
WHEREAS, this property is developed with an industrial building with tenant
improvements for this church facility (Stadium Vineyard Church) in the ML (Limited Industrial) zone; and
that the Anaheim General .Plan Land Use .Element designates this property for Business Office/Mixed-
Use/Industrial land uses; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on October 11, 1999 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 use is properly one for which a conditional use permit is authorized by Section
18.61.050.140 of the Zoning Code; and that reinstatement is authorized by Section 18.03.093.
2. That the reinstating the use will not adversely affect adjoining land uses and the growth
and development of the area in which it is located.
3. That the size and shape of the site for the use is adequate to allow full development of
said use in a manner not detrimental to the particular area nor to the peace, health, safety, and general
welfare.
4. That the traffic generated by the use has not, and will not, impose an undue burden upon
the streets and highways designed and improved to carry traffic in the area.
5. That reinstating and approving 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.
6. That the facts necessary to support each and every required showing for reinstatement of
this conditional use permit as set forth in Section 18.03.093.040 of the Zoning Code exist.
7. That this use permit is being exercised in substantially the same manner and in
conformance with all conditions and stipulations originally approved by the Planning Commission; and
that the Code Enforcement Division staff has no record of complaints regarding this church during its
seven years of operation.
CR3770PK.DOC -1- PC99-179
8. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim
City Planning Commission has reviewed the request to reinstate and approve Conditional Use Permit No.
3511, which currently contains a time limitation that expired on October 1, 1999, to retain the church on a
rectangularly-shaped 0.89-acre property having a frontage of 140 feet on the west side of Sinclair Street,
having a maximum depth of 276 feet, being located 395 feet south of the centerline of Cerritos Avenue,
and further described as 1531 South Sinclair Street (Stadium Vineyard Church); and does hereby
determine that the Negative Declaration previously approved in connection with Conditional Use Permit
No. 3511 is adequate to serve as the required environmental documentation in connection with this
request 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 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 reinstate and approve Conditional Use Permit No. 3511, and amend Condition No. 1 of
Resolution No. PC92-45, as amended by Resolution No. PC94-134, to read:
That subject use permit shall expire five (5) years from the of this resolution (on
October 11, 2004).
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
October 11, 1999.
CHAIRPERSON, ANAHEIM
ATTEST;
SECRETARY, ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
PLANNING COMMISSION
PLANNING COMMISSION
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on October 11, 1999, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ONE VACANT SEAT
IN WITNESS W HEREOF, I have hereunto set my hand this day of
1999.
SECRETARY. ANAHEIM CITY PLANNING COMMISSION
CR 3770PK:DOC -2- PC99-179
ATTACHMENT - ITEM N0. 7
RESOLUTION NO. PC94-134
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING CERTAIN CONDITIONS OF APPROVAL OF
CONDITIONAL USE PERMIT NO. 3511
WHEREAS, on April 6, 1992 the Anaheim City Planning Commission approved Conditional Use
Permit No. 3511 for five years under Resoution No. PC92-05 permitting a church with waiver of minimum
number of parking spaces on property located on the west side of SlnGair Street approximately 410 feet
south of the centedine of Cerritos Avenue, and further described as 1531 Souttt Sinclair Street; and
WHEREAS, said Resolution No. PC921t5 Includes the following condition of approval:
't. That subject use permit shall expire fNe (5) years from the date of this resolution;
provided, however, that time extensions may be requested In connection wfth a public
hearing and., K approved, the use may continue for the additional specified time:'
WHEREAS, on August 4, 1994, the petttloner submitted a letter stating that the current lease
for the building expires on October 1, 1999 and requesting deletion of Condtion No. 1 thereby allowing the
church to remain at subject location Indeflnftely.
WHEREAS, the CRy Planning Commission did hold a public hearing at the Civic Center in
the Cfry of Anaheim on October 3, 1994, 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 conskler evidence for and against said proposed amendment and to investigate and make
findings and recommendations In connection therewith; and
WHEREAS, saki Commisslon, after due Inspection, Investigallon and study made by Itself
and in Its behaU, and after due conskferatlon of all evidence and reports offered at said hearing, does find
and determine the fdlowing facts:
t. That, In accordance wtth Zpning Code Subsection 18.61.050.614, time 1lmftatfons are
mandatory only for churches located in the ML Zone in the Canyon Industrial Area and, although subject
property is zoned ML, h is not located in the Canyon Industrial Area and, therefore, the time limftation is
not mandatory.
2. That suhJect conditional use permit Is be!ng exercised In a manner not detrimental to the
particular area and surrourxling land uses, nor to the public peace, health, safety and general welfare.
3 That modflicatlon of the time limltatlon Is necessary to permit reasonable operation under
the permit as granted.
4 That no one Indicated their presenco et sakJ public hearing In oppoeftlon; and that no
corres;,orxlence was receved In opposition to the subject oetftlon.
CALIFORNIA ENVIRONMENTAI QUALITY ACT FINDING: That the Anaheim Cfty Planning
commission has reviewod the proposal and dons hereby Ilnd that the Negative Declaration previously
approved in connection with Conditlonal Use PermR No. 3511 Is adequate to serve as the required
rnvlronmental documentation In connection with this request upon finding that the declaration reflects the
indepE~rxlnnl judgement of the lead agency and that K has considered the Negative Declaration together
wnh any comments received during the public review process end further finding on the bests of the InAiai
study aril any comments received that there Is no substantial evkfence that the protect will have a
siyndicant effect on the environment.
rr P,%?OF3t,1$ YJP -1- PC94-134
NOW, THEREFORE, 'BE ff RESOLVED that the Anaheim Cfty Planning Commission does
hereby amend Condnion No. t of Resolution No. PC92-45 to read as follows:
t. T.~t sub)ect use permR shall terminate on October 1, 1999, in conjunction wRh the current
lease For the approved church. Should sub)ect church obtain a lease beyond the
October 1, 1999 tenninatlon date, a new t~rtdRlonal t[se pennft shall be flied end must be
approved for the church to remain et sub)ed toration.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
October 3, 1994.
fOrl~inal signed by Phyllis R. Boydstun)
CHAIRWOMAN, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
(Original signed by Edith L Narris)
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, EdRh L Harris, Secretary of the Anafteim City Planning Commission, do hereby certify that
the foregoing resdutbn was passed arrcl adopted at a meeting of the Anaheim City Plannirg Commission
held nn October 3, 1994, by the following vote Of the members thereof:
AYES: COMMISSIONERS: BOYDSTUN, MAYER, TAIT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: HENNINGER, MESSE, TAIT
ABSTAINED: COMMISSIONERS: CALDWELL
t994.
IN WITNESS WHEREOF, I have hereumo set my hand this day of
(Original signed by Edith L Harris)
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-2- PC94-134
ATTACHMENT - ITEM N0. 7
RF.SnT.TiTT(~NN(l PC'9'?-45
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 3511 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, County of
Orange, State of California, described as:
PARCEL 13 AS SHOWN ON A MAP FILED IN BOOK 162, PAGES 27
TO 31 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on April 6, 1992, 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 heaz 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 18.61.050.140 to permit a church in an existing
21,254-squaze foot industrialbuilding with waiver of following:
Minimum mimher of a» rking .gpacPC,
(42 required; 4fi existiing)
2. The requested pazking waiver was substantiated by a pazking study that was
approved by the City Traffic and Transportation Manager;
3. That the parking variance will not cause an increase in traffic congestion in
the immediate vicinity nor adversely affect any adjoining land uses;
4. That the granting of the pazking variance under the conditions imposed will
not be detrimental to the peace, health, safety or general welfare of the citizens of the City of
Anaheim; .
CR1468MS.wp -1- PC92-45
5. That the proposed use is properly one for which a conditional use pernut is
authorized by the Zoning Code, or that said use is not listed therein as being a pemvtted use;
6. That the proposed use will not adversely affect the adjoining land uses and
the gowth and development of the area in which it is proposed to be located because subject
property is located on an industrial street away from the major arterial streets in the Anaheim
Stadium Business Area;
7. That subject request is approved for a period of five (5) years to determine
whether the church is compatible with surrounding land uses;
8. That the size and shape of the site for the proposed use is adequate to allow
the full development of the proposed use in a manner not detrimental to the particular azea nor to
the peace, health, safety, and general welfaze;
9. 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 azea;
10. That the granting of the conditional use permit under the conditions
imposed will not be detrimental to the peace, health, safety and general welfare of the citizens of the
City of Anaheim; and
11. That no one indicated their presence at said public hearing in opposition; and
that no correspondence was received in opposition to the subject petition.
C'AT.TFnRNTA FNVTR(ITTMRNTAT. (1TTAT.TTY AST FT1~Tt)TNC',: That the
Anaheim City Planning Commission has reviewed the proposal to permit a church in an existing
21,254-squaze foot industrial building with waiver of minimum number of pazking spaces on a
rectangularly-shaped pazcel of land consisting of approximately 0.89 acre, having a frontage of
approximately 140 feet on the west side of Sinclair Street, having a maximum depth of
approximately 276 feet, being located approximately 410 feet south of the centerline of Cemtos
Avenue and fiu~ther described as 1531 South Sinclair Street; and does hereby approve the Negative
Declazation upon finding that the declazation reflects the independent judgement of the lead agency
and that it has considered the Negative Declazation 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 TT RESOLVED that the Anaheim City Planning
Commission does hereby grant subject Petition for Conditional Use Permit, upon the following
conditions which aze 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 subject use pernut shall expire five (5) yeazs from the date of this resolution; provided,
however, that time extensions may be requested in connection with a public hearing and, if
approved,the use may continue for the additional specified 6me.
-2- PC92-45
2. * That fire sprinklers shall be installed and a local fire alarm system shall be installed as--
required by the Fire Department.
3. * That prior to commencement of the activity authorized under this resolution, or prior to
issuance of a building permit, or within a period of ninety (90) days from the date of this
resolution, whichever occurs first, the legal owner(s) of subject property shall execute and
record an unsubordinated covenant in a form approved by the City Attorney's Office
wherein such owner(s) agree not to contest the formation of any assessment district(s)
which may hereafter be Formed pursuant to the provisions of Development Agreement No.
83-01 between the City of Anaheim and Anaheim Stadium Associates, which district(s)
could include such legal property owner's property. A copy of the recorded covenant shall
then be submitted to the Zoning Division.
4. That any proposed freestanding sign on subject properly shall be a monument-type nok
exceeding eight (8) feet in height and shall be subject to the review and approval of the City
Traffic and Transportation Manager to determine adequate lines-of-sight.
5. 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 Flanning Department marked Exhibit Nos. 1 through 4.
6. That the petitioner shall obtain a reciprocal pazking agreement for additional off-site pazking
during any hours when there aze lazge congregations on the subject property. Said parking
.agreement shall be reviewed and approved by the City Traffic and Transportation Manager,
and the City Attorney. If required by the City Attorney, said agreement shall be recorded
with the Office of the Orange County Recorder.
That the hours of operation shall be as follow:
Worship services: Sunday
Office hours: Tuesday through Friday
Special meetings: Saturday
Sunday
8:00 a.m. to 2:30 p.m.
9:00 a.m. to 5:00 p.m..
Between 12:00 p.m. and 6:00 p.m. or
After 6:00 p.m..
8. That prior to issuance of a building permit or within a period of one (1) year from the date
of this resolution, Condition No. 6, .above-mentioned, shall be complied with. Extensions
for further rime to complete said conditions may be granted in .accordance with Section
18..03.090 of the Anaheim Municipal Code.
9. That prior to final building and zoning inspections, Condition Nos. 2 and 5,
above-mentioned, shall be complied with.
10.* 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
-3- PC92-45
City, State and Federal regulations.. Approval does not include any action or findings as to
compliance or approval of the request regazding any other applicable ordinance, regulation
or requirement. Conditions mazked with an asterisk (*) aze required by established laws,
codes, regulations and agreements and aze, therefore, not subject to negotiation.
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 declazed 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 Apri16, 1992.
/ rivinnl Ci,~nPd h~~ (Tlann W Hvlh~or)
CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
~nr;grnnj;CionP~1 hit Mnrgnritn Cnlnrinl
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM
I, Mazgarita Solorio, Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
City Planning Commission held on Apri16, 1992, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOUAS, BRISTOL, HELLYER, HENNINGER, MESSE,
PERAZA
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ZEMEL
IN WITNESS WHEREOF, I have hereunto set my hand this day of
_, 1992.
rivinnl Ci~anPd h~~ Mnrgnritn Cnlnrinl
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
BE TT 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 declazed 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.
-4- PC92-45
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of April 6, 1992.
CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Mazgarita Solorio, Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
City Planning Commission held on Apri16, 1992, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOUAS, BRISTOL, HELLYER, HENNINGER, MESSE,
PERAZA
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ZEMEL
IN WITNESS WHEREOF, I have hereunto .set my hand this day of
1992.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-5- PC92-45
ITEM 1V0. 8
~~ I\
BALL ROAD i ®_ -
AN~ .
ECM C%T ~ e _
aG'PS RCL
~;~ RCL l
c'Y RCUI
LINCOLN
AUTO
~ (j C-G
m ~ s !,~ ,, RCL 96-97-11
`~C G2...- ` RCL 84-85-12
..:,. RCL 96.97-11~=. , r. - RCL 75-76-13
~ '-? RCL 74-75-21 (1), "~~ ~ CUP 2636
..~ RCL 74-75-20 ~ ° T-VAR 2002-04511
~e T-CUP 2004-04860 ~ VAR 2001-04461 S
CUP 3235 ANAHEIM MAZDA
VAR 4053 S ('- HYUNDAI
lO (CUP 2762) +:.
(CUP 2448)
RS-3 l~ HARDIN HONDA ~s ,
1 DU EACH (V ~q rz.
350 - `~ 1,400'la the cenledine of
Phoenix Club Dnve
AUTO CENTER DRIVE
O
C-G C-G
RCL 91-92-19 RCL 91-92-19
C-G RCL 74-75-21 (5) CUP 3625
RCL 91-92-19 RCL 74-75-20 (2) RCL 74-75-21 {5)
CUP 3625 CUP 2001-04448 RCL 74-75-20 (2)
SATURN CUP 3625 MITSUBISHI
AUTO DEALER .--. VACANT AUTO DEALER /
Conditional Use Permit No. 3235 Subject Property
TRACKING NO. CUP2004-04880 Date: September 8, 2004
Scale: Graphic
Requested By: HARDIN OLDSMOBILE INC Q.S. No. 126
REQUEST TO AMEND PREVIOUSLY-APPROVED EXHIBITS TO CONSTRUCT A NEW DISPLAY
CANOPY AND ENCLOSE AN EXISTING CANOPY WITHIN AN EXISTING AUTOMOTIVE SALES
AND REPAIR FACILITY.
1381 East Auto Center Drive -Hardin Honda 147s
~ Proposed,Buildingl ~ -~.°~Cade=Requiretl 'CodeRegtfired'
Direction
_ ~. ` Lanilsca e~5etback ~; ~ ~ Bufldin =Setback - , Landsca a Setback
South'(along Auto: ' 10-13 feet)
Canterbrlve 10 feet 't 10 feet 10 feet
West abutting the 13-33 feet/
SR-57 Freewa ( 10 feet 10 feet 10 feet
(9) Elevations'(Exhib
'building and a nee
panels and an ac
west side of the s
elevation would ti
would be develop
west side of the b
the east elevatior'
(10) Elevations (Exhi6
elevation of the sl
building height of
continued on the
(11) The site is scces':
spaces are provi~
Use based`dn the
>and enhance Anaheim's economic assets. while ensuring compatti
:This expansion would improve'the look of the building facade,!incri
the business and would be compatible to the other automotiveuse
(16) The pr
genera
highwe
[DRAFT]
RESOLUTION NO. PC2004-**
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING CERTAIN CONDITIONS OF APPROVAL OF
RESOLUTION NO. PC 90-24 ADOPTED IN CONNECTION WITH
CONDITIONAL USE PERMIT NO. 3235
(1381 EAST AUTO CENTER pRIVE)
WHEREAS, on January 29, 1990, Resolution No. PC90-24 was adopted by the Anaheim
City Planning Commission to approve Conditional Use Permit No. 3235 and permit an auto sales and service
center with waivers of minimum number of parking spaces, minimum structural setback and required
improvement of parking areas on property located at 1381 East Auto Center Drive.
WHEREAS, Resolution No. PC 90-24, adopted in connection with subject use permit,
includes the following condition of approval:
"18. 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 4, provided, however
that landscaping consisting of minimum fifteen (15) gallon sized trees shall be scattered
across the roof parking area"
WHEREAS, the petitioner has requested to amend said condition of approval tp expand the
existing auto sales and repair facility by enclosing an existing canopy cover and constructing a trellis canopy
for outdoor display.
WHEREAS, this property is developed with an automobile sales and repair facility (Hardin
Honda) in the C-G (Commercial General) zone; and that the Anaheim General Plan designates the property
for General Commercial land uses; and; and is situated in the City of Anaheim, County of Orange, State of
California, described as
BEGINNING AT A POINT IN THE CENTERLINE OF EATON WAY 40.00 FEET WIDE, AS
DESCRIBED IN DEED RECORDED IN BOOK 352, PAGE 82 OF OFFICIAL RECORDS IN
THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA,
DISTANT ALONG SAID CENTERLINE SOUTH 00° 28' 07" WEST 420.59 FEET FROM THE
CENTERLINE OF BALL ROAD 60.00 FEET WIDE, AS DESCRIBED IN SAID DEED, SAID
POINT ALSO BEING THE NORTHEASTERLY TERMINUS OR THAT CERTAIN COURSE
DESCRIBED AS A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF
1000.00 FEET, IN PARCEL 3A OF THE FINAL ORDER OF CONDEMNATION, SUPERIOR
COURT CASE NO. 145654, A CERTIFIED COPY OF WHICH WAS RECORDED MARCH
23, 1967 IN BOOK 4206, PAGE 507 OF OFFICIAL RECORDS OF SAID ORANGE
COUNTY; THENCE SOUTHWESTERLY ALONG SAID CURVE FROM A TANGENT W HICH
BEARS SOUTH 56° 39' 23" WEST, THROUGH A CENTRAL ANGLE OF 35° 53' S8" AN
ARC DISTANCE OF 626.56 FEET TO THE CENTERLINE OF TAFT AVENUE, 40.00 FEET
WIDE, AS DESCRIBED IN SAID DEED; THENCE EASTERLY AND NORTHERLY ALONG
SAID CENTERLINE OF TAFT AVENUE AND EATON WAY TO THE POINT OF
BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on September 8, 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 18.60, to
hear and consider evidence for and against said proposed amendment and to investigate and make findings
and recommendations in connection therewith; and
C R\PC2004-0 -1- PC2004-
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 expansion is properly one for which a conditional use permit'is authorized
by Anaheim Municipal Code Section 18.08.030.040.0402.
2. That the expansion would not adversely affect the adjoining land uses and the growth and
development of the area in which it is located based on the fact that the proposed expansion is accessory to
the existing automotive sales and repair business.
3. That the size and shape of the site for the use is adequate to allow full operation of the
proposed expansion in a manner not detrimental to the area nor to the health and safety.
4. That the traffic generated by the use would not impose an undue burden upon the streets and
highways designed and improved to carry traffic in the area since there is adequate on-site circulation for an
automotive sales agency at this location. '
5. That the granting of the conditional use permit under the conditions imposed, will not be
detrimental to the health and safety of the citizens of the City of Anaheim.
6. 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: That the Anaheim City Planning
Commission has reviewed the proposal to amend previously-approved exhibits to construct a new display
canopy and enclose an existing canopy within an existing automotive sales and repair facility and does
hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No.
3235 is adequate to serve as the required environmental documentation in connection with this request upon
finding that the declaration reflects the independent judgment of the lead agency and that it has considered
the Negative Declaration together with any comments received during the .public review process and further
finding on the basis of the initial study and any comments received that there is no substantial evidence that
the project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby amend, in its entirety, the conditions contained in Resolution No. PC 90-24 to read as follows:
1. That the landscape planters shall be permanently maintained with five and healthy plant materials.
2. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged,
diseased and/or dead.
3. That the on-site landscaping and irrigation system shall be maintained in compliance with City standards.
4. That any proposed roof-mounted equipment shall be completely screened from view in all directions by
properly designed and maintained design elements of the building. Said information shall be specifically
shown on plans submitted for building permits.
5. That the parking lot serving the premises shall be equipped with lighting of sufficient power to illuminate and
make easily discernible the appearance and conduct of all persons on or about the parking lot. Said lighting
shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the
windows of nearby residences. Said information shall be specifically shown on plans submitted for Police
Department, Community Services Division approval.
6. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval
showing conformance with the current version of Engineering Standard Plan Nos. 436, 470, 471, 472, 473
-2- PC2004-
and 475 pertaining to parking standards and driveway locations. Said information shall be specifically
shown on plans submitted for building permits.
7. That there shall be no public telephones on the premises located outside the building.
8. That signage shall be limited to existing and approved signs. That temporary signs and other advertising
devices shall not be permitted except when in connection with an approved Special Event Permit.
9. That no advertising or identification of any type shall be permitted on .any outdoor furniture or equipment
including umbrellas, by illustration, text or any other means of visual communication.
10. 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.
11. That minimum five (5) gallon size shrubs shall be planted around the existing above-ground utility device
along Auto Center Drive to screen it from public view.
12. That no vehicles maybe displayed in any landscaped areas. Any such existing display shall be removed.
13. That roof-mounted inflatable devices shall not be permitted.
14. That four (4) foot high address numbers shall be displayed on the flat area of the roof in a contrasting color
to the roof material, provided the numbers shall not be visible from the street or adjacent properties. Said
information shall be specifically shown on plans submitted for building permits.
15. That trash storage areas shall be refurbished to the satisfaction of the Public Works Department, Streets
and Sanitation Division to comply with approved plans on file with said Department. Said information shall
be specifically shown on plans submitted for building permits.
16. That if required to serve the new construction, the property owner shall provide the City of Anaheim
Electrical Engineering Division of the Public Utilities Department with a public utilities easement to be
determined as electrical design is completed.
17. That any necessary relocation of existing electrical facilities or streetlights shall be at the expense of the
developer.
18. That no video, electronic or other amusement devices or games shall be permitted anywhere on subject
property.
19. That no vehicular body work, painting or other business-related activities., or storage of vehicles, vehicle
parts or materials shall be allowed in the front or rear yard areas, or on the roof of the buildings.
20. That customer parking spaces shall be striped and clearly marked for "customer parking only", and at no
time shall customer vehicles be stacked, double parked, or left standing in tandem in front of, or adjacent to
the buildings.
21. That all .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. Said information shall be
specifically shown on the plans submitted for building permits.
22. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
23. That a landscape plan shall be submitted to the Planning Services Division for review and approval far the
reconfigured area and incorporating a 24-inch box sized trees planted at a ratio of one tree far every 20 feet
of street frontage. Any decision by staff regarding said plan may be appealed to the Planning Commission
as a Reports and Recommendation Item.
-3- PC2004-
24. That the property shall be developed substantially in accordance with plans and specifications submitted to
the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked
Revision No. 1 of Exhibit Nos. 1, 2, 3 and 4, and Exhibit Nos. 5, 6, 7, and 8, as conditioned herein.'
25. 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. 4, 5, 6, 12, 14, 15, 18, 21 and 23 above-mentioned, shall be complied
with. Extensions for further time to complete said conditions may be granted in accordance with Section
16.60.170 of the Anaheim Municipal Code..
26. That prior to final building and zoning.inspection, Condition Nos. 11 and 24, above mentioned, shall be
complied with.
27. 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.
AND BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges
related to the processing of this discretionary case application within 30 days of the issuance of the final invoice
or prior to the issuance of building permits for this project, whichever pccurs first. Failure to pay all charges
shall result in delays in the issuance of required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
September 8, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
"Procedures" 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, 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 September 8, 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
-4- PC2004-
ATTACHMENT -ITEM N0. 8
i ... ~ .. :..... .. ,;a
... ~ ~ ~ . AtYA~HlIENt t'I'E!1'110 4
_o Rp..R~-PS_aain
a neaDlatsom or ila \Dia~su ESYt Pumn:tro cwnntiion
snot Pl:::son Pon tolmmonal. DtP Ptimir w. iiis u a7aPPPD. sn PADE
• Mme, t9m A\\tbin Clip Piominq Caonoltblon 0ifl s\toivo 0
ror161afl P\lltlan tbi Ca\alda\\3 OB\ P0t1dt tbt ealteln ta\1 ptOpstty
eiloatod In !\o C!!P b8 l+no\oln, CanntP at Oros, Otto at Calltet\ln.
fl\oarlb\d m~
BPOSIDISnO \E A OOSOE 3\ ~ COYYtILi~ OP E.piOID nini eO.00.
ERP NiOS. AO D08CniDPD 30 D709 nKOPD® IY 000E DO3. PAOn
0f OP OPRCiIG 1 ffi SOl OPtiCO 0- ~ C3P8Pt
Ptt089Q0 Ot COO~Et, C\TdP004P\, A3M0 Onib
00P~ OB° 70' OP° 070.00 PRY YdY '
...~ °..~. 01 6tLL D_f0.00 77li ...:®~.®.°.« itl
ntlD COD9S P008/ A tAeOtPP BOOICD D7\n6 OOPlO 10° 00. 77°
Cdr, tnwtn a emtsPAt Anals DP 7t• di' so° le ADC
D2fl7'ADCS OP 670.D6 P76S 70 9~ C[P28nLi® OP tAPP AveMID,
{0.00 Pstt 3DDD, \0 RfSein7D 710 BAIb DOODi tt~0
7307tetY \® n06POSV.! At.9W O7YD Ct0lfO37tM OP SAPt
At6n0i \DD tlSOD Nl.Y 70 ~ 8Dt14i Ot S~ Di01mIY0.
tOnnt30. !D\ CItP PlaminQ C~laelon 06fl \old a puDlla nnud\g et
!\o Clvlb Cantor !n t\o GeP of \\\nmlm m amo\tP 70. 3000. \t 3170 p.s.,
notlaa o! \n-8 pnlllo lwuln0 \ov1Dg two\ 8\lP Oltan m eogaltaA Dy 3an \oe In
eaaoran\ao nleD t\\ peoe!\lom o6 tSm OsOIDeln Maaidlp\i CaY, CDaptat 30.Oir
eo Dou ~ oo\\dd\s ovl tot a\a ~s!\Ot anla ®POpO\\a bota6Uom1 \\\
petals \sd b lere0ti0\t\ o\d ne0® tladlq\ e\5 r Pa\tJa\a do \ea\eatlon
t\\ravllnl o\A
sale c~l\\tea, nteor av\ lwpaall\\, snvo.cl0nllen
and atodP n\flO DP dtaelt \\a In 1!o Dans3E, \c8 a!!os dae Oosoldfs\elon OE e13
avlMno\ me OopOCts dttsta6 se ssld nm\e3\0. aooe fdnd \\d d\Ntnl\\ tno
Co33oving ta\te~
1303r
pc tD-ad
City Planning Coaloa~
d¢alaraeip aw eaeaoe~
apaeao, minlmmi nesoo
oa m lsrapulariy.aeq
an:oo. EmvJeg a ttm4
Coatae Dr1v0.. aaPltq i
opproaJmtoly 1000 to
m0telEod m 1701 Aat
Dpalaretlas upon Sled
togpeEas m1eE mp ta®
tneteaz [lnelnq o0 to
eEet tEato !p a eaEa'
clgollloaat ottwt m
!!t twlttit ALT pi®rwlteat teo laeeoim
rlomod tea ptopoeol to eptaDlla6 m auto
mg mice mmivarp od eiel.® mtmDmz of paeting
wE and sogdee6 lmprovewmt of parElaq nzea
08 3aW eoeale!!mg of mpproelmtolp 1.71
mJaateip i00 twt w eee mrte elda of Auto
bate at eppewlmetoly 070 twt, Esiag loeatad
2 of aep emeatllaa o8 peu tepd aaa tueeerr
:lwt cad ewo eotoep rpprdvg tea mogatlw
ens oommlBerw tD0 0apetlw Doaloratloo
~vw duelmq tan paella rwiam peoaom eW
cep laltlai ate en6 0as>mata raeolvod
,drnao tLt tea pw~wt viii Eava o
000. . 0p lY JIPd{Y.pt9 ta0t tlb JISOBOIa Clty Plonaltp
co®iuloa dwa emtepy gPma ^aDfwt Poeledm tot lbaditlaml nw ppemle.
upon tee tollwlag aoedfelooe delo9 Ore msaDy topmd en Jsa a maeaeaary
proraqulalea to em prmpaepd me o8 elta auE~we propesb 1a eedae m pxaam
tEO aetoty and gmme0l wltaee of tDa Clalawr of tY Clap o[ Baaealm~
1. • Teat tiro pprlatiota Beall M leatollw w regnlzod b !Eo Clb Plra
Depaetmant.
1. a Sea! pelae to ra®etoommat of atsunenral lremluq. Else eydrmte aEall E•
lnatallod and eeetgod m tegdtod 0e8 apprwad h tJm Pdro Dayartmae.
An a11-waleor toad u eppiowd ey tEr Plto Doyertmnt Beau Eo prariaoe
and aolat0lnad to aM gpdrant nt ail elmo.
7. • Yee! paler to lesuaeee ate Dul3dlag porn!!. thoopproprlntm vnttla
algoal maooemaat toe pDe11 M paid t0 tam Clty oL Aoaeolm L ao ononot
m utnDllaead eY Clty Caumll rowiatlaa.
1. • tact geaea aee11 we N 1wte11p6 mroae my delvwpy la • miner aAlaE
mp adv0emly attmat voalaulos Crettla le tJat pysamt ynallm etraoe.
IDatallatlom of my getmp aea11 aoatow b naglaeeeleq 0aomdea0 pim ea.
Iol and peel! M uoEloat w tea rwlw cad apptavel of ate Gb Yra[elo
tmglnwe prior to laamnea et a Enlldlnq pewit.
!. teat 013 drlvooayp aWli Do aometeaatad vim ton (3a) toot radian wre
rotaras ao raga44tmd b tJip City tmglaeee to aeptotmaeae ilea Bpleoorlmp
ttmaard m. lit.
6. • ieat pleura aeali M puDmletad to tau C1tY Yeottle 0aplmar tmr ala
zovlw o06 apprwel reamleq aootarrwaeo v1tE taglaoorlrq OwmaarA plm
pea. 0070. 0710. 0070, mod 0D0 parealoloq to petelnp peeadarda. BveJwe
prepotep peal! teoronpom M daWlogmd pnd alatalmd !n aomtormw® vltE
add plaaa.
it rOAI
2
7, taut t1m algDtp tlw (m) omtoamr pasking apaema W lostp emvon (17)
mmployoo pmking opnroa akana m mDlDlt Ao. 3 (oa>nltted ty t.Do
q!1lloms) shall mt Do mnap198 Dy say wo otme lhan eweomr.
vloltor of employmo paeting. sad Bald apamo Drell ksk Do utlllao6 [or
waieWae etoeago or 6loplep.
~' ~,
~i\' r ' a. i0et ekm Dunes mt anD~am! pcoparty shall mokalt m lattor rmgveatlml
torminaHm me Camlti¢aBl Dm rarmte ib, a7ga to eke aoWng DlWalon.
9. tmt. m raqulrod Dp Codo ama!!ha 10.d1.Oed.Dia poreWnlnq to landoeopmd
s¢rmWaq of pathleg Dram, mp violDio portlm o8 ehs pmtDing or
voWenlas etoeego Ctom imalad mleDlu tw taadrad (a00) foot of eDs
Oouto 07 - O:sago 4rawey avail m plmtad sad mintminod vitD tsaao aG
o ratio of ae lomt om 11) trm foe owq tm tmmmad (io.o¢o) agunsa
roar of mea vllDla sold tmo Baadsad (apd) toot. p3oao autm!!"ed tae
Dul3dlnq psrvlta stall mov ¢aapllmeo v1N oWd C¢QO meeian.
3g. tDa! ne outdoor vort oa whlolsa or vaMaWar Porto ohe11 Dm pervlCt9d.
13. a that dtWoogo o[ eaDloat progety eka11 D• peavldmd is a mnaoe
eotlatmtoq m em Gep Saglaeoe.
1a. m tmt aaDjaa! psoportp mall ko mrvod Dy eadergnmd mtliitloo.
ii. o taut aey lockable podoetelm amJOe whlerlm m¢om gotm ¢aall Do
ogulppad mlta "ktm Daa• daWmo m Togolzadmd a$pe¢ra6 Dy too ylro
Deparefl0t.
ls. • tent teaot otoeega asaeo amll Do provided and mlalolm6 la loeotlaaa
ae¢aploDle to tm ttraot Nelntaamn and Dmlmtlm Divlaloa and In
a¢eordaaeo mlth epprow6 p3em oa rile vlth acid Olvlalm. Bneh
lntermtlm oDe11 DC epaeltloolly aDOVO oa em pimp euDmlttme for
tuliding pe~mlts.
1S. a Seet all air coedleloaloq laellltlae and otDoe coot Dad groom momted
egulywomt oho31 m pteporly oDloldod tram vlmv. DuaD latoevotlan Drell
De epeCltl¢ally aDora Oa tDO plead 9atmlttm dot hWldlag pe[nlta.
1a. a =eat rho pr¢pooel stall amply mite ell algslogtogmlrawott ¢t tee
M. "immlrlal. 4krltm" low. mleoe a vadmce a33arlmg alga malvere
to appeowd ky tta Clty Coueoll. Plamlag Casalmlm or aealog
l~lalattatos. of mlam m otdlnmao le m¢pmd eaClDmltylag tDe
prapetty em elq¢apo le a¢aetruatod to aoatomm¢o rlth Bald aooe.
37. s toot the ao-alts lemdomploq odd lrelgatloo opotam obeli Do mintolomd
!a aompilm¢a mitt Clty eemdeeda.
1B. teat omD~eat praporty aDeil De dsvolopo0 amatmtlallp la aaoordmeo
mitt plmo and apoeltleatlom auDmlemd to rho Clty of DoaDalm h lho
pa!ltlamr Dud oDlah pimp a:o m tllo mitt tks plmalag Oaparraoat
aukad t9tlklt yoe. l eheouph d, provldod. tovowr, tDat Samaaaplaq
¢oaolatlaq et delavm tlttaaa (18) gsllno eland tro9o o0a11 M smttared
aarooo tto sea! paeMlmg uroa.
PC 90-21
'' ..:
19. Sant prior G !@p@@aoa e; a 0mlldipp p9tait Ot mit6la a pealed of mm
(3) goes trot a6a YG oB t6la xeoaiatlaa. Mle~v9r oomre tltoe,
Cenditim pm. 1. Or dr tr 9r 21 and 38. a60m0 .06x11 tw
eom~aic8 mlt6. patoamlom flee flatteoe else to eoC@latm said eemdltlem
nnp Dm grmted lm meotdmas mite toeeiaa SB.08.p00 of t6o a0a6oL
Nmlolpal Code.
90. f6at pelOt to Plno1 Dml1Al~ mt mnia9 impmatiom. Ceadltiea poo. 3,
3, 9. 11. 31 Ond 10. UmaB. o6a11 M i~lio8 mlt6.
31. a ~yt apprevel o[ t6la appllmelm t0a0tltntm approvtl of tm ptepoomd
eagseat enlp to t6a ontaet teat it empiiaa rite LBe aaa6oJm Hmlelpai
iealap Colo aR6 aq et6as npp11aa61e City. ttatA aa8 gedorai
ta9nlsUm-. apptamal dmo mt lml0do a~ aatim of tladlaga m to
eo~llaam ma approval of t6a te0mat eagoedinq aay ot6ec oppliea6lo
oedi~nto, ra0olntim oe tapnitm®t. Comltlem tetrad mite nn
mtasiafl (d) aeo sapaisad 6Y aatae31o0od lama. aede0. so901aGOm and
ogeaaaanta oad era aot om6~aae to mgeUaelm.
W 1f @pdYBtp pp00Lp1D that t6o'A0a0o6a City @lamaip Caaaieelen
dmo mraby llad em BaGtsiaO t6et adeptim OP t61a E®ebinelon 10 oaptaBBly
pradlmted ngan appliamt'a dov~llmeo mit6 Dees W all at t6a aoadlHem
Utalae6ovm aet torte. 0ae616 amp aam aonBitiem, os aay part t6etaoE, U
dmelarad iwalld os vmmoeaao6lo Dp tea Pdoal ~08gaatt of ®ap mast oP
tmapalea! dmtiadletim. t60® t61s pooolntiea. and aty spyromalo 6ormle
eme:ainedr o0a11 m 8a~td nnll ~ vold.
'Pop y0pp001p0 OptU,tRt~ tM0 adoptOd at t6a plaeai~ Ca~loalea
awatia9 et JoOanty ip, 3090.
(fkipnel eiM~d9y Pdyitl9 RBq~aa)
pPt Yt7fl, lpipplN C3fi pGApBS00 C~BCft010t
ASttpfl
(Odtinal tuned pYdllld l Nmi))
ttCpefltf. apAADiiM Cif! p6lppip0 COa9Ct01tlt
PC 99.70.
ITEM NO . 9
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Conditional Use Permit No. 2004-04881
Requested By: ADOLF P MILLER & ELISA STIPKOVICH
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Subject Property
Date: September 8, 2004
Scale: 1" = 20'
Q.S. No. 84
REQUEST TO REMODEL AN EXISTING HISTORICAL BUILDING AND TO ESTABLISH A COMMERCIAL
RETAIL CENTER WITH AN ACCESSORY AUTO DETAILING FACILITY WITH WAIVER OF MINIMUM
LANDSCAPED SETBACK ADJACENT TO AN ARTERIAL HIGHWAY.
315 - 327 South Anaheim Boulevard
ia~a
9a. `CEQA MI
9b. WAIVER
9c. '! CONDiTb
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Page 1
ATTACHMENT -ITEM N0. 9
Greg McCafferty
From: Greg Hastings
Sent: Tuesday, August 31, 2004 11:00 AM
To: David See
Cc: Greg McCafferty
Subject: FW: Elm and Anaheim Boulevard
Dave- Passing this on to you from Brad per our meeting with him yesterday.
-G H
-----Original Message-----
From: Bred Hobson
Sent: Tuesday, August 31, 2004 9:51 AM
To: Greg Hastings
Subject: FW: Elm and Anaheim Boulevard
-----Original Message-----
From: Brad Hobson
Sent: Tuesday, August 31, 2004 9:50 AM
To: David See
Cc: Laura Alcala; 'jerryzom@sbcglobaLneP
Subject: Elm and Anaheim BOUlevard
Dave:
This is to serve as the Agency's request to continue, for two weeks, the Planning Commission's consideration of the
entitlements for the historic preservation project at 327 South Anaheim Boulevard in order to advertise a modification to
the signage plan.
Thank you for your consideration.
Brad Hobson
Deputy Director
ITEM N0. 10
'`s
;y RM-4 V SHOPS 8 REST.
11 VAR fii9 APTS. W
29 MOTEL p
FNTS a R~
t' C-G
RM-4 W C-G RCL 56-57-27
RCL 62-63-75 ~ RCL 56-57-39 CUP 1357
CUP 373 d VAR 2578 5
VAR 819 AUTO
CAR WASH
APARTMENTS ~ DEALER 0
43 DU W
° PAMPAS LANE
w I
~
c~
RS-2 S R
2
1
3
1 DU EACH VAR
55
5
a
SMALL SHOPS
~
U
W
C-G R
BRENTWOOD PL - Rcts9~6-113 p
VAR 2155 S ~ AF
-~" AOJ 0025 a
=x CHIROPRACTIC CLINIC 2
RS-2 GG
vR 13 20 1 DU EACH ': RCL 56-57 39 ~ ~ C-G
11 ~
~' ADJ-0101 ~ RCL 59.60-
3
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9
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5
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(CUP 2615"e RC 536
413
CUP 3760 CHURC H
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BROADWAY
- _
- _ _ -
F- C-G ftGL 81-20
~ RCL64-65-115 55.56.2 GG
Z RCL 64415-56 RCL SS562 VAR 2353
Z RS-2 CUP 691 CUP 3358 RCL SS56.2
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VAR 2633 S '5'56-2 RCL 5556-
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APPLIANCE RCL S
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Conditional Use Permit No. 2004-04677 Subject Property
Date: September 8, 2004
Scale: 1" = 200'
Requested By: pANIEL ROSENBERG Q.S. No. 47
TO ESTABLISH A MOBILE FOOD CONCESSION STAND OUTSIDE OF DANIEL'S FURNITURE.
255 South Euclid Street -Daniel's Furniture
147z
Direction "General"Plan Designation
r North "General `Commercial
East (across Euclid): Neighborhood Commercial
South (across Broadway) Residential -Low::
General Commercial
r West Residential -Low
(9) Tfte letter of c
week, Wedne
to serve the c
'(10) Photographs,i
.Page 3
'i records`indicate that tF
and banners on this pr
(16) Other retailers in Anah
successfully incorpora
petitioner also be;~equ
', locations would be witt
< Sufficient floor area ez
located'within the build
conditiohal use permit:
of the Daniel's Furnitw
(17) ! Moreover, with the rec
freestanding drive::=thro
......,..+r ................ix~.:.
RECOMMENDATIONi
(19)'; Staff recommends that, unless additional or contrary information is
hearing; and based upon the evidenceisubmitted o the Commissioi
presented in this staff report, and oral and written'evidence'present~
the Commission den the petitioner's request byadopting the attacf
r the findings contained therein.
(20j 1 Should the Commission wish to approve this request, staff recomm
continued for two weeks to the September 20,2004, meeting to inc~
[DRAFT]
RESOLUTION NO. PC2004--**
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04877 BE DENIED
(255 S. EUCLID STREET)
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of
California. described as:
BEING ALL OF PARCEL 3, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, OF A MAP FILED IN BOOK 11, PAGE 45 OF PARCEL MAPS; A PORTION OF
PARCEL 1 OF PARCEL MAP 85-472, FILED IN BOOK 215, PAGES 43 AND 44; AND THE
SOUTH 180.00 FEET OF THE EAST 203.00 FEET OF THE EAST ONE-HALF OF THE
NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 4
SOUTH, RANGE 10 WEST, PARTLY IN THE RANCHO SAN JUAN CAJON DE SANTA ANA
AND PARTLY IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP' RECORDED IN
BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGLNNING AT THE SOUTHWEST CORNER OF SAID PARCEL 3, SAID POINT ALSO
BEING ON THE NORTHERLY LINE OF BROADWAY, THENCE NORTH, 00° 00' 02" WEST
478.71 FEET ALONG THE WESTERLY LfNE OF SAID PARCEL 3; THENCE SOUTH 89° 30'
50" EAST 609.23 FEET TO THE WESTERLY LINE OF EUCLID STREET; THENCE
SOUTHERLY ALONG SAID WESTERLY LINE SOUTH 00° 01' 34" WEST 343.23 FEET;
THENCE LEAVING SAID WESTERLY LINE SOUTH 89° 33' 32" EAST 53.00 FEET TO THE
CENTERLINE OF EUCLID AVENUE; THENCE SOUTH 00° 01' 34" WEST 180.00 FEET
ALONG SAID CENTERLINE TO THE CENTERLINE OF BROADWAY; THENCE NORTH 89°
33' 32" WEST:' 203.00 FEET ALONG SAID CENTERLINE; THENCE LEAVING SAID
CENTERLINE NORTH 00° 01' 34" EAST 45.00 FEET TO THE NORTHERLY LINE OF
BROADWAY; THENCE NORTH 89° 33' 32" WEST 459.00 FEET TO THE POINT OF
BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on September 6, 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 18.60, 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 the
prior Anaheim Municipal Code Section 18.03.030.010 "Unlisted Uses" at the time this application was filed.
2. That the Code specifically allows for portable food carts as a permitted accessory use in
conjunction with either a home improvement store or hospital with a floor area of 100,000 square feet or
greater.
3. That there is an opportunity to locate the food cart within the building as required by Code.
Justification for having the cart outside of the building is not justified, especially if the intent of this accessory
use would be to serve the customers of the Daniel's Furniture store.
4. That this property has a history of excessive outdoor activities, documented by a number of
recent Code violations.
CR\PC2004-0 -1- PC2004-
5. That fast food uses have already been approved for this site, providing more than adequate
food opportunities.
6. 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 11, (Accessory Structures) 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 Petition for Conditional Use Permit 2004-04877, on the basis of the aforementioned findings.
AND BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to
the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to
the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in
delays in the issuance of required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
September 8, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
"Procedures" 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 GOMMISSION
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 September 8, 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-
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ALL PROPERTIES ARE IN THE (SC) (SCENIC CORRIDOR OVERLAY) ZONE
Variance No. 2004-04627 ~~~'~ Subject Property
Tentative Tract Map No. 16672 Date: September 8, 2004
Scale: 1" = 200'
Requested By: NORIO UYEMATSU Q.S. No. 209
VAR2004-04627: REQUESTS WAIVER OF MINIMUM PRIVATE STREET WIDTH.
SUBTTM16672: TO ESTABLISH A 5-LpT, 5-UNIT DETACHED SINGLE-FAMILY SUBDIVISION.
429 South Country Hill Road
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ITEM N0. 11
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1 1228 feet 85 feet :19,989 s , ft. :19,000 s '. ft.
2 135 feet 85 feet 19,857 s . ft. ::19,000 s t ft.
3 rq 00 feet i r85 feet 24,314 s ft. 19,000 s". ft.
4 ` 60 feet 60 feet '26,295 sq.;ft. `,19,000 sq ft.
5 A34 feet `60 feet ,35,100 s . ft. 19,000 s c ft.
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1 19,989 s , ft. 25 feet / 25 feet 30 & 120/ 15 feet 28feet 125'feet
2 19,857 s . ft. 25 feeU25 feet 15 & 18 feeU 15 feet 50 feet) 25feet
3 24,314 s . ft. '25 feeU 25 feet 15 feet! 15 feet 65 feeU 25 feet
4J 26,295 s . ft. 40feeU 25 feet 15 & 40 feeU 15 feet 155 feet/ 25 feet
5' 35,100 s . ft. ! 25feeU 25 feet r 15 & 65 feeU 15 feet. 65 FeeU 25 feet
ENVIRONMENTAL IMPACT: ANALYSIS:
(t 2) Staff has reviewed the proposal and'the Initial S
review in the Planning Department) and finds nc
therefore, recommends that a Negative Deciara
Planning Commission that the Negative Declara
the lead agency; and thatit has considered the`
with any comments received during;the public rf
basis of the Initial Study and any comments reel
that the project'will have a significant effect on tl
liUl
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FINDINGS:
(21) When practical difficulties or unhecessary hardships resi
Zoning Cotle, a modification may be granted for the purF
the proposed subdivision."
RECOMMENDATION:
(23) Staff recommends that unless additional or contrary iri
'meeting, and based'upon the evidence submitted to tF
he evidence presented in this staff report;' and oral an
'public hearing that the Planningi Commission aoorove
' the attached resolution and the tentative tract map; inc
[DRAFT]
RESOLUTION NO. PC2004-
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE N0.2004-04627 BE GRANTED
(429 SOUTH COUNTRY HILL ROAD)
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:
(Legal Description]
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on September 8, 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
18:60, 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:
homes:
That the petitioner proposes waivers of the following to construct five (5) single-family
SECTION NO. 17.06.390 Minimum Private Street Width
C40 feet required; 20 feet proposed)
2. That the above-mentioned waiver is hereby granted based on the special circumstances
of this property due to its steep hillside terrain, topography and irregular-shape (flag shape), making
compliance with the Code standard difficult.
3. That there are exceptional or extraordinary circumstances or conditions applicable to the
property involved or to the intended use of the property that do not apply generally to the property or class
of use in the same vicinity and zone as the property currently only has the one narrow entryway.
4. 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 as
several of the neighboring properties with identical zoning have been granted similar street widths of only
twenty feet, and therefore, strict application of the zoning code would deprive this property of privileges
enjoyed by other properties in the immediate vicinity
5. That ****people spoke 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 minimum private street width for afive-lot
single-family residential subdivision; and does hereby approve the Negative Declaration upon fnding that
the declaration reflects the independent judgment of the lead agency and that it has considered the
Negative Declaration together with any comments received during the public review process and further
finding on the basis of the initial study and any comments received that there is no substantial evidence
that the project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Variance, upon the following conditions whidh are hereby found to
CR\PC2004-089 -1- PC2004-89
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 fnal site, floor, elevation, landscape and fencing plans for the residential structures shall be
submitted to the Zoning Division for review and approval. Any decision by staff regarding said plans
may be appealed to the Planning Commission as a Reports and Recommendation item. ,
2. That prior to approval of the grading plan, the developer shall submit a W ater Quality Management
Plan (WQMP) specifically identifying the post construction best management practices that will be
used on-site to control predictable pollutants from stormwater runoff. The WQMP shall be submitted
to the Public Works Department, Development Services Division for review and approval.
3. That the City of Anaheim Sewer Assessment Fee for the County Hill Road District shall be paid. The
fee is currently $ 2,073/acre.
4. That all retaining walls must conform to Section 17.060.048 of Title 17. All retaining walls shall be
landscaped and a drip watering irrigation system shall be installed. All walls supporting slopes over
five feet high, from top of wall to top of slope, shall be constructed with a concrete drainage device at
the back of the wall.
5. Prior to grading plan approval, the applicant shall demonstrate that coverage has been obtained under
California's General Permit for stormwater Discharges Associated with Construction Activity by providing
a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of
the subsequent notification of the issuance of a Waste Discharge Identification (WDID) Number. The
applicant shall prepare and implement a stormwater Pollution Prevention Plan (SWPPP). A copy of the
current SWPPP shall be kept at the project site and be available for City review on request.
6. That a detail of trash barrel storage location (minimum of 3 barrels) and trash collection pickup shall
be approved by the Public Works Department, Streets and Sanitation Division. Barrels shall be
stored out of public view.
7. That a plan for solid waste storage, collection and a plan for recycling shall be submitted to the Public
Works Department, Streets and Sanitation Division for review.
8. That an on-site trash truck turnaround shall be provided.
9. That the developer/owner shall provide a detailed water usage analysis and building plans for Public
Utilities Water Engineering review and approval in determining the adequacy of the existing water
system to meet the project's water requirements. Any system improvements shall be done in
accordance with Rule No. 15A.6 of the water utility's Rates, Rules and Regulations.
10. That the water backflow equipment shall be above ground, outside of the street setback area in a
manner fully screened from all public and private streets. Any other large water system equipment
shall be installed to 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 and private streets. Said
information shall be specifically shown on plans and approved by Water Engineering and Cross
Connection Inspector before submittal for building permits.
11. That prior to rendering water service, the developer/owner shall submit a set of improvement plans for
Public Utilities Water Engineering review and approval in determining the conditions necessary for
providing water service to the project. A bond in the amount approved by the City Engineer and in a
form approved by the City Attorney shall be posted with the City of Anaheim.
12. That if this project has a landscaping area exceeding 2,500 square feet, a separate irrigation meter
shall be installed and comply with City Ordinance No. 5349 and Chapter 10.19 of Anaheim Municipal
Code. Said information shall be specifically shown on plans submitted for building permits.
-2- PC2004-89
13. That the legal property owner shall irrevocably offer to dedicate to the city of Anaheim (Water
Engineering Division) an Easement twenty (20) in width for water service mains and/or an easement for
large meters and other public water facilities.
14. 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. A minimum of a 20-foot setback in front of the
garage doors for parking shall be provided.
15. That Variance Nc. 2004-04627 is hereby granted subject to the approval and recordation of Tentative
Tract Map No.16672 now pending.
16. 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 No. 1 and as conditioned herein.
17. That prior to issuance of a building permit, or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15
above-mentioned, shall be complied with. Extensions for further time to complete said conditions
may be granted In accordance with Chapter 18.60 of the Anaheim Municipal Code.
18. 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 applicants 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
September 8, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60,
"Procedures" 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
3- PC2004-89
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 September 8, 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
-4- PC2004-89
City of Anaheim [DRAFT]
~~ANN~NG DEll~~a~'~'I~E111'>c
September 8, 2004 -- -
Norio Uyematsu
429 South Country Hill Road
Anaheim, CA 92808
Following is an excerpt from the minutes of the Anaheim City Planning Commission meeting
of September 8, 2004.
11 a. CEQA Negative Declaration
11b. Variance No. 2004-04627
11c. Tentative Tract Map No. 16672
Owner: Norio Uyematsu, 429 South Country Hill Road, Anaheim, CA 92808
Agent: Hidden Hills Estates, LLC, 18242 McDurmott, Suite H, Irvine, CA 92614
Location: 429 South Country Hill Road. Property is approximately 3.8 acres,
having a frontage of 32 feet on the south side of Country Hill Road,
located 354 feet east of the centerline of Old Ranch Road.
Variance No. 2004-04627 -Request waiver of minimum private street width to
construct five (5) single-family residences.
Tentative Tract Map No. 16672 - To establish a 5-lot, 5-unit detached single-family
subdivision.
www.anaheim.net
ACTION:
1. That all existing structures shall be demolished.
2. That prior to issuance of the first building permit, the final map shall be submitted to and
approved by the City of Anaheim and the Orange County Surveyor. Following approval, the
final map shall be recorded in the Offce of the Orange County Recorder (Subdivision Map
Act, Section 66499.40).
3. That a maintenance covenant, shall be submitted to the Subdivision Section and approved
by the City Attorney's office. The covenant shall indlude provisions for maintenance of
private facilities, including compliance with the approved Water Quality Management Plan,
and a maintenance exhibit. The covenant shall be recorded concurrently with the final
map.
4. That prior to approval of the final map, 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
208 South Anaheim Boulevard
P.0. Box 3222
Anaheim, California 92883
TEL (714) 765-5139
[DRAFT]
5. That prior to final map approval, all lots shall be assigned street addresses by the Building
Division. Street names for any new private street shall be submitted to and approved by
the Building Division.
6. That a lot line adjustment shall be submitted to the Public Works Department;
Development Service Division to adjust the property lines along the perimeter. The Lot
Line Adjustment shall be approved by the City Engineer and recorded in the office of the
Orange County Recorder prior to approval of the final map.
7. That approval of Tentative Tract Map. 16672 is contingent upon approval of Variance
No. 2004-04627 now pending.
8. That prior to approval of the final map, Condition Nos. 1, 2, 3, 4, 5 and 6, above
mentioned, shall be complied with.
9. 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. Apprpval does not include any action or
findings as to compliance or approval of the request regarding any other applicable
ordinance, regulation or requirement.
This decision shall become final unless an appeal to the City Council, in writing, accompanied
by an appeal fee, is filed with the City Clerk within ten (10) days from the date of this letter or
unless members of the City Council request review of this decision within said 10 days.
Sincerely,
Pat Chandler, Senior Secretary
Anaheim City Planning Commission
Cc: Hidden Hills Estates, LLC, 16242 McDurmott, Suite H, Irvine, CA 92614
Crtt16672doc
ATTACHMENT -ITEM N0. 11 SECTION 4
PETITIONER'S STATEMENT OF
NSTIFTCATION FOR VARIANCE/CODE WAIVER
(NOT REQUIILED FOR PARKING WAVER)
REQUEST FOR WAVER OF CODE SECTION: i 7 nk Son
(A separate statement is required for each Code waiver)
PERTAINIIVG T0: width of nri vate road
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 Adminishator or Planning Commission, the following shall be shown:
1. That there are special circumstances applicable to the property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical zoning classification in the vicinity; and
2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges
enjoyed by other property under identical zoning classification in the vicinity.
In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to
arrive at a decision, please answer each of the following questions 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 ci umstances that apply to the property in matters such assize., shape, topography, location or
surroundings? _ es _ 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 aze in the
same zone as your property? _ Yes /I`Io
If your answer is "yes," describe how the property is different:
3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring
properties located within the same zone? VYes _No
If your answer if "yes; 'describe the special circumstances:
See Attached
4. Were the specia circumstances created by causes beyond the control of the property owner (or previous property
owners)? _ es _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 aze not permitted.
Signature of Prope~vner o- r Authonzed Agent
CONDITIONAL USE PERA•11T/VARIANCE NO.
DECEAIUCR 12.20W
VAR N0. 2004 0 0 4 6 2?
Justifications for variances:
1. The property is a flag shape pazcel completely surrounded by adjacent parcels.
The access to the property is only thirty (30) feet in width for approximately
ninety five (95) feet. However, the property widens out and we propose to
meet the zoning code after the initial approximate ninety five feet. The
_ hillside terrain and irregulaz shape also prohibit alternate access that would
allow us to digress from the variance request. The property was probably
subdivided a number of years ago prior to the adoption of the new zoning
ordinances concerning road widths..
2. The adjacent property was recently subdivided and developed into eleven (11)
lots each with a single family residence lrnow as Country Hills Estates. The
access road to the adjacent subdivision was granted a variance for an entry
road of only twenty 20 feet of paved access. Furthermore, another street
within the tract was part of the same variance permitted only provided
eighteen (18) feet of paved surface. We were also involved in a recent
finished project on Henning View Terrace that was approved including
variances and developed into five single family estate homes with only an
eighteen (18) foot wide paved access up Henning Way. Additionally, we
completed another seven lot subdivision off of Canyon Crest on Spotted Pony
Lane with only a 25 foot wide paved access that happens to be a public street.
The azea is made up of mostly lazge subdivided ~/2 acre lots fronting on a
major access streets or existing community streets. They aze also both hillside
and flat lots. The flat lots have advantages because most hillside lots have to
allow for the flat roadway surface and enough aze for slopes on the roadway
sides. These hillside lots can require as much as 50% more width for
roadways than flat lots because of the need to provide a relatively flat
roadway, six feet of flat surface on each side, then 2:1 slopes up or down from
the road. Mohler and Country Hills Drive, the main connector streets to
subject property are only eighteen (18) to twenty (20) feet wide, narrower than
our proposed roads that only will serve five new homes.
3. The special circumstances were created beyond the control of the property
owner. Obviously the existing property owner did not cause the special
circumstances concerning size shape, topography, or location. Following the
strict application of the zoning code would deprive the existing property
owner of privileges enjoyed by other identical property owners in the azea.
This situation is not more severe than the previously mentioned approved
subdivisions. Contrary, we aze offering to provide as great a width entry
access for the first ninety five feet 95 as possible then to provide the full
twenty eight (28) foot wide paved access for roughly four hundred ninety five
(495) feet before and in front of our five proposed estate homes. This is equal
or faz greater than previously approved project variances. The roadway
required under the code changes in size when the number is only four.
VAR ~0. 2~D4-04627
However, reducing the property to four by not supporting the variance would
unfairly treat this property owner and deprive them of real value that should
be derived from the properly. Already, because of the strict and unfair zoning
for subdivisions in the hillside district, the property owner had to reduce the
number of lots to five instead of six. The property meets all the necessary
requirements under the RS-22,000 zoning for up to six lots. Each of the six
lots could be over 22,000 sq.ft required by the RS-22,000 zoning. However,
because of the now strict requirement that the overall subdivision not exceed
1.5 units per acre in the hillside district, this property can not meet the zoning
requirement with six lots because it is only short of approximately 871 sq.ft.
to also meet the 1.5 density requirement now imposed.
VJe respectfully request that staff, planning commission, and council support our minor
variance request based on the unusual circumstances and considering the main access
roads into the neighborhood aze themselves on 18-20 feet wide..
VAR p~Q, 2004 - 0 4 b 2 7
ITEM N0. 12
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Reclassification No. 2004-00132 } Subject Property
Variance No. 2004-04624 Date: September 8, 2004
Tentative Parcel Map No. 2004-168 Scale: 1" = 200'
Requested By: TOAN NGUYEN D.S. No. 40
RCL2004-00132: REQUESTS RECLASSIFICATION OF THE PROPERTY FROM THE T (TRANSITION)
ZONE TO THE RS-2 (RESIDENTIAL, SINGLE-FAMILY) ZONE, OR LESS INTENSE ZONE.
I
VAR2004-04624: REQUESTS WAIVER OF REQUIRED LOT FRONTAGE ON A PUBLIC OR
PRIVATE STREET TO CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE.
SUBTPM2004-168: TO ESTABLISH A 2-LOT, 2-UNIT DETACHED SINGLE-FAMILY
RESIDENTIAL SUBDIVISION.
2040 West Broadway 1aT1
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1 9;200 BO;ft. 115 fl!
2 9000 100 ft. 90 ft.
Study and any comments received that there is n
have a significant effect on the environment: i
GROWTH MANAGEMENT ELEMENT ANALYSIS:
requires a lotto z
access!to a publ(c rigfii
shaped. Plans indicatE
frontage along Broadw
the west property',line c
minimum lot areaoutsi
deep relative to its wide
recommends aob~oval'
(12) ; The Anaheim Generale.
dwelling units per acre'!
density; of this requesfl
would assist the',City in
with, and compatible w
FINDINGS
(13);; When(practicafdifficult
Zoning(Code, a modifi
because of special circ
enjoyed by other'prope
variance is to prevent c
effect of granting a spe
beforeany variance is`
4. That the site is not physically suitable
5. 'That the design of the subdivision or tl
cause substantial environmental damp
or wildlife'or their habitat.
[DRAFT]
RESOLUTION NO. PC2004-"*
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION NO. 2004-00132 BE GRANTED
(2040 WEST BROADWAY)
WHEREAS, the Anaheim City Planning Commission did receive a verified petition for
Reclassification for real property situated in the City of Anaheim, County of Orange, State of California,
described as follows:
THE EAST 100 FEET OF THE WEST 200 FEET OF THE NORTH 250 FEET OF THE
NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 17, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA.
AN UNDIVIDED 1/6T" INTEREST IN THE SOUTH 10 FEET OF THE NORTH 260
FEET OF THE EAST 25 FEET OF THE WEST 300 FEET OF THE NORTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 17, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE
AND MERIDIAN.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on September 8, 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 18.60, to hear
and consider evidence for and against said proposed reclassification 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 fnd and
determine the following facts:
1. That the petitioner proposes redlassification of subject property from the T (Transition) zone to
the RS-2 (Residential, Single-Family) zone or less .intense zone,
2. That the Anaheim General Plan designates subject property for Low Density Residential land
uses.
3. That the proposed reclassification of subject property is necessary and/or desirable for the
orderly and proper development of the community.
4. That the proposed reclassification of subject property does properly relate to the zones and their
permitted uses locally established in close proximity to subject property and to the zones and their permitted
uses gerierally established throughout the community.
5. That the proposed reclassification of subject property requires the dedication and improvement
of abutting streets and alleys in accordance with the Circulation Element of the General Plan, due to the
anticipated increase in traffic which will be generated by the intensification of land use.
6. 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 reclassify the property from the T (Transition) zone to the RS-2
(Residential, Single-Family) zone or less intense zone; 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
CR\PC2004-0 -1- PC2004-
on the basis of the initial study and any comments received that there is no substantial evidence that the project
wild have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby approve the subject Petition for Reclassification to authorize an amendment to the Zoning Map of the
Anaheim Municipal Code to exclude the above-described property from the T (Transition) Zone and to
incorporate said described property into the RS-2 (Residential, Single-Family) zone or less intense zone upon
the following conditions which are hereby found to be a necessary prerequisite to the proposed use of subject
property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim:
That prior to introduction of an ordinance rezoning subject property, a preliminary title report shall be
furnished to the Zoning Division showing the legal vesting of title, a legal description and containing a map
of the property.
2. That prior to placement of an ordinance rezoning subject property on an agenda for City Council
consideration, Condition No. 1, above-mentioned, shall be completed. The City Council may approve or
disapprove a zoning ordinance at its discretion. If the ordinance is disapproved, the procedure set forth in
Anaheim Municipal Code Section 18.60.140 shall apply. The provisions or rights granted by this resolution
shall become null and void by action of the Planning Commission unless said conditions are complied with
within one (1) year from the date of this resolution, or such further time as the Planning Commission may
grant.
3. That approval of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim Municipal Zoning Code and 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 conditions, or any part thereof, be declared
invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and
any approvals herein contained, shall be deemed null and void.
BE IT FURTHER RESOLVED, that this resolution shall not constitute a rezoning of, or a
commitment by the City to rezone, the subject property; any such rezoning shall require an ordinance of the City
Council, which shall be a legislative act, which may be approved or denied by the City Council at its sole
discretion..
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. Shculd 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
September 8, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures"
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
-2- PC2004-
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 September 8, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
2004.
IN WITNESS WHEREOF, I have hereunto set my hand this day of
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-3- PC2004-
[DRAFT]
RESOLUTION NO. PC2004-'*'
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 2004-04624 BE GRANTED
(2040 WEST BROADWAY)
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:
THE EAST 100 FEET OF THE WEST 200 FEET OF THE NORTH 250 FEET OF THE
NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 17, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN
BERNARDINO BASE AND MERIDIAN., IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA.
AN UNDIVIDED 1/6T" INTEREST IN THE SOUTH 10 FEET OF THE NORTH 260 FEET
OF THE EAST 25 FEET OF THE WEST 300 FEET OF THE NORTHWEST QUARTER
OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 17,
TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on September 8, 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 18.60, 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 frnd
and determine the following facts:
1. That the petitioner proposes waiver of the following to establish a 2-lot, 2-unit, RS-2 single-
family residential subdivision:
SECTION NO. 18.92.150 Minimum Ict frontaoe on a public or private street (Frontage
required; private driveway access easement proposed)
2. That the above-mentioned waiver is hereby granted on basis that there are special
circumstances applicable to the property such as the unusually deep lot relative to the width, which does not
apply to the majority of identically zoned properties in the same vicinity; and that strict application of the
Zoning Code deprives the property of privileges enjoyed by other properties in the identical zone and
classification in the vicinity.
3. That there are exceptional or extraordinary circumstances or conditions applicable to the
property involved or to the intended use of the property that do not apply generally to the property or class of
use in the same vicinity and zone.
4. 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.
5. 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 Iccated.
6. That "" indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to subject petition.
CR\PC2004-0 -1- PC2004-
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to waive of required lot frontage on a public or private street to
construct a new single-family residence; and does hereby approve tihe Negative Declaration upon finding
that the declaration reflects the independent judgement of tihe lead agency and that it has considered the
Negative Declaration together with any comments received during the public review process and further
fnding 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 City of Anaheim Sewer Impact Mitigation Fee for the Combined West Anaheim, Zone C Area shall
be paid. The fee is currently $ 226 /unit for residential developments.
2. That a detailed plan of trash barrel storage location and trash collection pickup shall be approved by the
Public Works Department, Streets and Sanitation Division.
3. 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.
4. That any required relocation of City electrical facilities to be at developer expense.
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 from time
of pccurrence.
6. That the existing chain link fence in the front yard be removed.
7. That Variance No. 2004-04624 is hereby granted subject to the approval and recordation of Tentative
Parcel Map No. 2004-168, and finalization of Reclassification No. 2004-00132 now pending.
8. That signage as approved by the Planning Services Division shall be installed and readily visible from
Broadway, indicating the address and location of the rear house to facilitate response by emergency
vehicles. -
9. That the legal owner of Lot No. 2 shall acquire a recorded unsubordinated covenant granting an access
easement from the legal property owner of Lot No. 1 for ingress and egress purposes to subject
property. Said easement shall be designed in a manner satisfactory to the City Traffic and
Transportation Manager and said covenant shall be in a form satisfactory to the City Attorney. A copy
of the recorded covenant shall be submitted to the Planning Services Division.
10. 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 No. 1 and as conditioned herein.
11. 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.
a 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.
-2- PC2004-
® Submit for review and approval by the City an Operation and Maintenance Plan for all structural
BMPs.
12. That all requests for new water service or fire lines, as well as any modifications, or abandonments of
existing water services and fire lines, shall be coordinated through Water Engineering Division of the
Anaheim Public Utilities Department.
13. That all existing water services and fire lines shall conform to current Water Services Standard
Specifications. Any water service and/or fire line that does not meet current standards shall be
upgraded if continued use if necessary or abandoned if the existing service is no longer needed. The
owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire
line.
14. 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, 7 and 9above-mentioned, shall be complied
with. Extensions for further time to complete said conditions may be granted in accordance with
Chapter 18.60 of the Anaheim Municipal Code. '
15. That prior to final building and zoning inspections, Condition Nos. 6, 8 10 and 12, above-mentioned,
shall be complied with.
16. That approval of this applicatipn 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.
13E 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.
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
September 8, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60,
"Procedures" of the Anaheim Municipal Code pertalritng 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
-3- PC2004-
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 September 8, 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.
IOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-4- PC2004-
City of Anaheim
~~AI~i1~iII~iG DEPI~~'~'MEN'~'
September 3, 2004
Toan Nguyen
2350 West 5th Street --
Santa Ana, CA 92703
Following is an excerpt from the minutes of the Anaheim City Planning Commission
meeting pf September 8, 2004.
12a. CEQA Negative Declaration
12b. Reclassification No. 2004-00132
12c. Variance No. 2004-04624
12d. Tentative Parcel Map No. 2004-168
Owner: Toan Nguyen, 2350 West 5th Street, Santa Ana, CA 92703
Location: 2040 West Broadwav. Property is approximately 0.5-acre, having a
frontage of 100 feet on the south side of Broadway, located 132 feet
west of the centerline of Camellia Street.
Reclassification No. 2004-00132 -Request reclassification of the property from the
T (Transition) zone to the RS-2 (Residential, Single-Family) zone.
Variance No. 2004-04624 -Request waiver of required lot frontage on a public or
private street to construct a new detached single-family residence.
Tentative Parcel Map No. 2004-168 -Request to establish a 2-lot; 2-unit detached
single-family residential subdivision.
ACTION:
wwvaawheim.net
1. That prior to issuance of a building permit, 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).
2. That a maintenance covenant, shall be submitted to the Subdivision Section and
approved by the City Attorney's office. The covenant shall include provisions for
maintenance of private facilities, including compliance with approved Water Quality
Management Plan, and a maintenance exhibit. The covenant shall be recorded
concurrently with the final map.
3. That the legal property owner shall execute a Subdivision Agreement, in a form
approved by the City Attomey, 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 Attomey and City
Engineer and then recorded concurrently with the final map.
4. That all- units shall be assigned street addresses by the Building Division. Street
names for any new public or private street (if requested by the developer or required
by the City) shall be submitted to and approved by the Building Division.
5. Prior to the issuance of a grading permit, the applicant shall submit to the Public
Works Department Development Services Division for review and approval a Water
Quality Management Plan that:
200 South Anaheim Boulevard
P.0. .Box 3222
Anaheim, California 92803
TEL (714)765-5139
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.
Incorporates the applicable Routine Source Control BMPs as defiried in the
Drainage Area Management Plan. ,
Incorporates Treatment Control BMPs as defined in the DAMP. '
o Describes the long-term operation and maintenance requirements for the
Treatment Control BMPs.
m Identifies the entity that will be responsible for long-term operation and
maintenance of the Treatment Control BMPs, and
o Describes the mechanism for funding the long-term operation and maintenance
of the Treatment Control BMPs.
6. That the drives, sanitary sewer and storm drains for this development shall be
privately maintained.
7. That all existing structures shall be demolished or remodeled to conform with
building and zoning setback requirements. The developer shall obtain a demolition
permit from the Building Division.
B. That approval of this parcel map is granted subject to the approval of Variance No.
2004-04624 and Reclassification No. 2004-00132, now pending.
9. That the legal property owner shall execute an agreement concerning the shared
driveway. The agreement shall include provisions for the maintenance of the
driveway and recordation of an ingress/egress easement for the benefit of Parcel 2.
The agreement shall be in a form approved by the City Attorney's Office and shall
be recorded concurrently with the Parcel Map.
10. That the driveway shall be a minimum of 20 feet in width for vehicular access. The
driveways shall be improved prior to occupancy for the new home on Parcel 2. An
improvement certificate shall be placed on the Parcel Map to inform potential future
property owner of such requirement.
11. That the final map shall be submitted and approved by the Orange County Surveyor
and then shall be recorded in the Office of the Orange County Recorder.
12. That prior to final parcel map approval, Condition Nos. 1, 2, 3, 4, 7, 8, 9, 10 and 11,
above-mentioned, shall be complied with.
13. That approval of this application constitutes approval of the proposed request only
to the extent that it complies with the Anaheim Municipal Zoning Code and any
other applicable City, State and Federal regulations. Approval does not include any.
action or findings as to compliance or approval of the request regarding any other
applicable ordinance, regulation or requirement.
Sincerely,
Pat Chandler, Senior Secretary
Anaheim City Planning Commission
Tpm2004-168.doc.doc
ATTACHMENT -ITEM N0. 12 SECTION 4
PETTTIONER'S STATEMENT pF
JUSTIFICATION FOR VARIANCE/CODE WAIVER
(NOT REQUIRED FOR PARKING WAIVER)
REQUEST FOR WAIVER OF CODE SECTION: 18• b~- ~ 3~
/ /' (A separate statement is required for ea~Ch Code waiver)
PERTAININGTO: ~OT fyo~ fZ„rp Oh a ®u/~/.t ~ .rli-~'.i~1I~ ST/P~f
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 Cormnission, the following shall be shown:
1. That there aze special circumstances applicable to the property, including size, shape, topography, location or
surroundings, which do not apply to other groperty 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 de[emtitte if such special circumstances exist, and to assist the Zoning Administrator or Planning Commissionto
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? ~ Yes _ No.
If your answer is "YDes," describe the special circumstances: C k/sT/.v/G i fw»G ~ /~~G.~g~
~.11 % D,V ,~i.Cy,4Dl~,{9 Y
2. Are the special circumstances that apply to the property different from other propenies in the vicinity which aze in the
same zone as your property? _ Yes SC No
If your answer is "yes," describe how the property is different:
3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring
properties located within the same zone? Yes X No
If your answer if "yes," describe the special circumstances:
4. Were the special circumstances created by causes beyond the control of the prooem o~tner (or previous property
owners)? K Yes _ No
EXPLAIN Tfft cAl L y ,c~ cc6~U ~V~)IGl7-BG~ /f ~jQc~Oty~ y
The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no ~ariancc 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'o¢
Signature of Pr en}' C~ en r or Authorized Aeen[ Date
CONDITIO\,4L USE PERi•ilT<<'ARIAXCE NO.
DECF:FI(3[R I1, 2WU ~~~ 2004 - 0 4 5 2 4