PC 2005/03/21na ei Ian i
i~sion e a
Monclav, March 21, 2005
Council Chamber, City Hall
200 South Anaheim Boulevard, Anaheim, Galifornia
. Chairman: Gail Eastman
• Chairman Pro-Tempore: David Romero
m Commissioners: Kelly Buffa, Cecilia.Flores, Pat Velasquez,
Ed Perez, (One Vacant Seat)
. Call To Order
Preliminary Plan'Review 1:00 P.flA. Workshop
• Staff update to Commission on various City developments and issues
(As requested by Planning Commission)
~ Preliminary Plan Review for items on the March 21, 2005 agenda
. Recess To Afternoon Public Hearing Session
. Reconvene To Public Hearing 2:00 P.flA.
For record keeninq purposes if vou wish'to make a statement reaardinq anv
item on the aqenda please complete a speaker card m advance and subm~t it to
the secretarv.
. Pledge Of Allegiance
. Public Comments
• Consent Calendar
e Public Hearing Items
. Adjournment
You may leave a message for the Planning Commission using the foliowing
e-mail address: planninacammissionCa?anaheim.net
H:\docs\clerical\agendas\032105.doc (03/21 /OS)
Page 1
Anaheim Planning Commission Agenda - 2:00 P.NI.
Public Comments:
This is an opportunity for members of the public to speak on any item under the jurisdiction of the
Anaheim Planning Commission or public comments on agenda items with the exception of public hearing. ,
items.
Consent Calendar:
The items 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
1A.(a) Conditional Use Permit No. 868
(Tracking No. CUP2005-04968)
Agent: Shahra Danesh, 26996 La Paz Road, Aliso Viejo, CA
92656
Location: 676 South State Coileqe Boulevard.
Requests terminatipn of Conditional Use Permit No 868 (to establish
an automobile service station within seventy-five (75) feet of a
residential zone).
Termination Reso~ution No.
1B.(a) Conditional Use Permit No. 1563
(Tracking No.CUP2005-04969)
Agent: Tai Nguyen, Alliance Evangelical Divinity, 18010 Sky Park
Circle, Suite 100, Irvine, CA 92614
Location: 314 South Brookhurst Street.
Requests termination of Conditional Use Permit No. 1563 (to permit
ornsale beer and wi~e in an existing restaurant).
Termination Resolution No.
nfli11Ut05
1C. Receiving a~d approving the Minutes from the Planning Commission
Meeting of March 7, 2005 (Motion)
Project Planner.
Kimberly Wong
(kwo ng2@ana hei m. net)
Sr8865kw:doc
Q. S. 113
Project Planner.
Kimbedy Wong
(kwong2@ an a heim.net)
Sr8866kw.doc
Q. S. 40
H:\docs\clerical\agendas\032105.d oc (03/21 /05)
Page 2
Public Hearina Items:
2a. CEQA NEGATNE DECLARATION
2b. WAIVER OF CODE REQUIREMENT
2c. CONDITIONAL USE PERMIT NO. 2005-04960
Owner: W C 2230, P.O. Box 4784, Carson, CA 90749
Agent: Juan Castro, Victory Outreach, 2230 West Colchester
Drive, Suite 1-5, Anaheim, CA 92804
Location: 2230 West Colchester Drive. Suite 1-5. Property is
approximately 0.87-acre, located at the southwest corner of
Colchester Drive and Colony Street. (Victory Outreach
Church).
Request to permit and retain an existing church in conjunction with a
commercial retail center with waiver of minimum number of parking
spaces.
Conditional Use Permit Resoiution No.
3a. CEQA CATEGORICAL EXEMPTION - CLASS 11
3b. VARIANCE NO. 2005-04647
Owner. St. Catherine's Military Academy, 215 North Harbor
Boulevard, Anaheim, CA 92805
Agent• Jennifer Quintana, Starr Sign Designs, 1465 Pomona
Road, Suite A, Corona, CA 92882
Location: 215 North Harbor Boulevard. Property is approximately
72 acres, located at the southwest corner of Harbor
Boulevard and Cypress Street. (Saint Catherine's Military
Academy).
Request to construct a freestanding sig~ for a private school with waiver
of permitted type, size and dimensions of freestanding sign.
Variance Resolution No.
Project Planner.
John Ramirez
Q ra m i rez@ a n a h e i m. n et)
Sr5201jr.doc
Q.S. 34
Projec[ Planner:
Amy Vazquez
(avazq uez@ana hei m.n et)
Sr8871 av.doc
Q.S. 72
Adjourn To 11Aonday, April 4, 2005, at 1:00 P.M. for Preliminary
Plan Review.
H:\docs\clerical\agendas\032105.doc (03l21 /O5j
Page 3
CERTIFICATION OF POSTING
I hereby certify that a complete copy of this agenda was posted at:
L~c~n ~~~vL ~1"J~1~~t `~~~~ I ~ ~ ~zC~G~,
(T~~ DATE)
LOCATION: COUNCIL CHAMBER DISPLAY CASE AND
COUNCIL DISPLAY KIOSK
SIGNED: ' /C ' ~~
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 Plan~ing Commission or City Council at, or pripr 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 final 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, shail 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 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 DepartmenYs
Automated Tele hone S stem at 714-765-5139.
H:ldocs\clericallagendas\032105.d oc (03/21 /OS)
Page 4
SCHEDULE
2005
April 4
April 18
May 2
May 16
June 1 (Wed)
June 13
June 27
July 11
July 25
August 8
August 22
September 7 (Wed)
September 19
October 3
October 17
October 31
November 14
November 28
December 12
December 28 (Wed)
H:\docs\clerical\agendas\032105.doc {03/21 /OS)
Page 5
ITEM N0. 1-A
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J RCL 72-73-37
O (Res ollnItentlo CL)
m y . ~
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J _ T~CUP 2005-0496~_
m cuPese
~ mT•VAR2004~04622
U AR2004-0EfiO~
yACANj"
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~ 97 .
fA SOUTH~ST-REET
1
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R~~ 7g 6~3 C~~PU ~pq863 VAR 1885 -
~ u~ 2~9 R~CU y5 ~° NEI HENT RG D~~ . RCDU EAC'~
. ~~1 ~aFS1.
Conditional Use Permit No. 868
TRACKING NO. CUP2005-04968
Requested By: DANESH SHAHRA
~ Subject Property
Date: March 21, 2005
Scale: 1" = 200'
Q.S. No. 113
REQUEST TO TERMINATE CONDITIONAL USE PERMIT NO. 868 (TO ESTABLISH AN
AUTOMOBILE SERVICE STATION WITHIN SEVENTY FIVE (75) FEET OF A RESIDENT~AL ZONE).
676 South State College Boulevard
»4a
ALDEN AVE
[DRAFT]
RESOLUTION NO. PC2005-
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION __ ,, .
TERMINATING ALL PROCEEDINGS IN CONNECTION WITH
CONDITIONAL USE PERMIT NO. 868
(676 SOUTH STATE COLLEGE BOULEVARD)
WHEREAS, on August 1, 1966, the Anaheim Planning Commission, by its Resolution No.
PC66-38, granted Conditional Use Permit No. 868 to establish an automobile service station within seve~ty-five
(75) feet of a residential zone at 676 South State Coliege Boulevard; and
WHEREAS, Shahraz Danesh property owner, has submitted a letter requesting termination of
Conditional Use Permit No. 868 to comply with condition of approval No. 37 of Resolution No. PC2004-62.
Variance No. 2004-04608 (to construct a two unit commerciai retail center with waivers of a) minimum number
of parking spaces, b) mi~imum setback adjacent to an arterial highway, and c) minimum setback adjacent to a
residential zpne boundary) approved by the Planning Commission on June 2, 2004, requires the property owner
to submit a letter to the Planning Services Divisio~ requesting termination of Conditional Use Permit No. 868
since this entitlement is no longer needed.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby
terminate all proceedings in connection with Conditional Use Permit No. 868 on the basis of the foregoing
findings.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
March 21, 2005. 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.
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that
the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on
March 21, 2005, 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
2005.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
Cr\PC2005-0 -1- PC2005-
(Tracking No. CUP2005-04968)
ATTACHMENT - R$R 1-A
February 1, 2005
John Ramirez, Planner
Ciry of Anaheim Planning Department
200 South Anaheim Boulevard
Anaheim, Califomia 92805
I RE: Request for termina6on of Condirional Use Pemut No 868
676 South State College Boulevazd
Dear John:
This letter is to request the termination of Conditional Use Permit No. 868, which was put into
place to establish an automobile service station within seventy five feet of a residenrial zone. As
we are in plan check to build a retail center on the property, CUP 868 is no longer applicable.
Please let me lmow if tkus is feasible as soon as possible.
Sincerely,
Shahraz Danesh
Owner
ITEM N0. 1-B
RS-2
RM-4 7 DU EACH
RCL 68-69-75
RCL 68-69-71 VICTORIA AVE ~ ~ ~~
VAR 2057
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• OR4NGECOUNTYL/MITS ~_ ~ _ _
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~
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(Res.ollnLtoCL) S ~ RCL &9 8&11
NOPS p . RCL53fi0.103
~
GG ~ V ftC15657-2
'~~
W RCLB&99-it SMALLCOMM U T-COP200a-04512
.
2 RCL61fi4-118 SHOPS m LCOP2001-04457
~ (Ras.ollnLloCL) I
GG CUP2000-042]7
N SEAFOOD ~AR433
>. CG PLpCE PARKING
~
S RCL 98-9&11
~ RCL63$4118(1) ~y
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~ LCUP 2~01-06457
rc
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RCL98-99-11~' CUP24B9 ~~433
~ or~ F,~,:,,nrn r.~ia~aa~
Conditional Use Permit No. 1563
TR,4CKING NO. CUP2005-04969
Requested By: TAI NGUYEN
~
~
~
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~
Q
N
~ VALLE
J
~
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KL
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Subject Property
Date: March 21, 2005
Scale: 1" = 200'
Q.S. No. 40
REQUEST TO TERMINATE CONDITIONAL USE PERMIT NO. 1563 (TO PERMIT ON-SALE BEER
AND WINE IN AN EXISTING RESTAUR.4NT).
314 South Brookhurst Street
1736
ELM AVE
[DRAFT]
RESOLUTION NO. PC2005-
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
TERMINATING ALL PROCEEDINGS IN CONNECTION WITH
CONDITIONAL USE PERMIT NO. 1563
(314 SOUTH BROOKHURST STREET)
W HEREAS, on September 15, 1975, the Anaheim Planning Commission, by its Resolution No.
PC75-190, granted Conditional Use Permit No. 1563 to permit on-sale beer and wine in an existing restaurant at
314 South Brookhurst Street; and
WHEREAS, Reverand T. Nguyen chief executive officer of Alliance Evangelical Divinity School
has submitted a letter requesting termination of Conditional Use Permit No. 1563 to comply with condition of
approval No. 16 of Resolution No. PC2004-110. Conditional Use Permit No. 2004-04885 (to establish a church
and missionary traini~g school within an existing two-story office building with waiver of the minimum number of
parking spaces required) approved by the Planning Commission on September 20, 2004, requires the property
owner to submit a letter to the Planning Services Division requesting termination of Conditional Use Permit No.
1563 since this entitlement is no longer needed.
NOW, THEREFORE, BE IT RESOWED that the Anaheim Planning Commission does hereby
terminate all proceedings in connection with Conditional Use Permit No. 1563 on the basis of the foregoing
findings.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicanYs compliance with each and all
of the co~ditions 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
March 21, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of
the Anaheim M~nicipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution
in the event of an appeal.
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that
the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on
March 21, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN W ITNESS W HEREOF, I have hereunto set my hand this day of
2005.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
Cr\PC2005-0 -1- PC2005-
(Tracking No. CUP2005-04969)
ATTACHMENT- R$R 1-B
DESICrNS
ec aconn~zaac o~siaNs
rs m~x m we
January 24, 2005
Letter of CUP Terrnination
Project Address: Alliance Evangelical ~ivinity School
314 South Brookhurst Sheet,
Anaheim, CA 92804
Attn: Planning and Zoning Department
Anaheim Ciry Hall
200 S. Anaheim Blvd.
Anaheim, CA 92805
TPD Project No.: H03044
SUBJECT: Termination of Previpus CUP No. 1563
Dear Sir or Madam:
We would like to tertnination our CUP No.1563 to permit on-sale beer and wine in an existing restaurant. We no
Ionger have any ~se for this and would Iike to fuifill all the requirements for our new Condi6on Use permit No.2004-
04885.
We appreciate your consideration of this request. If you have any questions regarding this, please do not hesitate to
contact me at (714) 491-8007.
Sincerely,
~~~
Rev. Tai Nguyen
Chief Executive Officer of Ailiance Evangelical ~ivinity Schooi
1010 Sky Park Cirele~ I
afa ,oo
iine, CA 92879
iono:949•250•3180
714.264•4898
~x: 949•250•3184
7'14•844•4739
~mail: TP D¢sluns~s6euiobal.nef
Page 1 of 1
Z:\acadlile~0~3-Projects~EVANGELICAL SCHOOI\314 S Brookhurst~Cl1P~DOCS~LETfER_OF Alcohol terminatlon .doc
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~ z ~:. ~ RCL9B-99-11'
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~ CUP 1354
VANCOUVER DRIVE ~ ~~ ~
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WEST ANAHEI COMM
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VAR 2005
I
P2~03-04768 RCL A
&11 BROOf01URST5H PPING
IST OFFICE RCL 5455-40 CENTER
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CU
P 2002-04529
Conditional Use Permit No. 2005-04960
Requested By: W C 2230
~ .:
Y~ ~1..
~
~~
RCL 98•99-11
RCL 5758-35
CUP 3267
...:__. VAR648
CUP 3159
MEDICAL OFFIC[
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RCI. 98-9&11
RCL 67-6&B6
RCL fi2-63-it3
RCL 54~65-7
T-CUP 20040493;
CUP 2004-O486B
CUP 2317
CUP 2181
CUP 1977
VAR 1918
BALLHURSTPLAZ
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BROOKMORE
AVE.
a~
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T-VAR 2oP1-0457;
WALGREE~fJS
Subject Property
Date: March 21, 2005
Scale: 1" = 200'
Q.S. No. 34
REQUEST TO PERMIT AND RETAIN AN EXISTING CHURCH lN CONJUNCTION WITHIN A
COMMERCIAL RETAIL CENTER WITH WANER OF MINIMUM NUMBER OF PARKING SPACES.
2230 West Colchester Drive, Suites 1-5 - Victory Outreach Church nzo~2ooss-~s~
ITEM N0. 2
uate ot nenai rnoto: may zw~
Conditional Use Permit No. 2005-04960 Subject Property
Date: March 21, 2005
Scale: 1" = 200'
Requested By: W C 2230 Q.S. No. 34
REQUEST TO PERMIT AND RETAIN AN EXISTING CHURCH IN CONJUNCTION WITH A
COMMERCIAL RETAIL CENTER WITH WAIVER OF MINIMUM NUMBER OF PARKING SPACES.
2230 West Colchester Drive, Suites 1-5 - Victory Outreach Church
nzo
r
Page 1
Use Square ~ Code Parking ReqUirement ~~~ Spaces
' Feflt ` ' Re uired~~ '
Victory Outreach Church 2,360 29 spaces per 7,000 square feet 69
(Sultes 1•5) (no flxed of assembly area or 0.333 space
seating) per ftxed seat whtchever is
greater
Office SOp 4 s aces er 1,000 s uare feet 3
Orange Coonty Recovery Center 1';680 29 spaces per 1,000 square feet 49
(Suites 6-8) (no fixed of assemblyarea or 0:333 space '
seating) per fixed seat wh(chever fs greater'
Office 400 4s aces er 1 000 s uare feet 2
Barber 5alon 780 5:5 spaces per 1,OOO;square feet 4
Suite 9
EI Encanto Bar 2,460 tt spaces per 1,000 square feet - 42
Suitesi 10-12
Ministerio Im acto Nuevo 1,154 29 s aces er 1 OOO s uare feet ' 35
zF
(Suites 13, 14,'16) (na fixed of assembly area or 0'.333 space-
seaUng) per fixed seat whichever is greater
Office
Classroom 892 4 spaces per 1,D00 square feet 4!'
563 None
Sto~age (vacant) i 890 5.5 spaces per 1,000 square feef 5
Suite 15
' TOTAL 17.979 213' ?
lee -
3Ch
rage s
~
other in a row i
(25,923 square
? (12) The submitted
the church is a
dependency st
Sunday i
Sunday
Gio.~..o~as
Manager has reviewed the parking analysis and fi
areas referenced in the study are su~cient for the
uses o~ the property. Based on the study, the pai
parking available on site for the requested church
conducted site inspections'at various'times and d~
Wednesday momings and afternoons, Thursday,
mornings). Basetl on staffs inspections, the pa~ki
parking during the week and 95% of available pa[I
and Transportation Manage~ has reviewed this st~
conditions, the actual supply of 64 spaces on the'F
church and other uses on the site. Based upon'th
analysis and recommendation, staff recommends
following findings;,
"(a) That the waiver, under the condifions impoi
parking spaces to be+provided for such use
necessary to accommodate aU vehicles atti
reasonable foreseeable conditions of oper
(bl '
; (17) The
sigi
Fire
intc
Coi
buil
of ''
aPF
the
~
Staff Report to the
Planning `Commission
March 27;' 2005
Item No. 2 `
` RECOMMENDATION:
(23) Staff recomme~ds that, unless additional or contrary information is received during the
hea~ing, and based upon the evidence submitted to the Commission, including the evidence
presented in this staff report, and oral and written evidence presented at the public hea~ing,
the Commission aoprove the applicanYs request by adopting the attached resolution including
the findings and conditions contained therein.
Page 7
[DRAFT]
RESOLUTION NO. PC2005-*
_. _.
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2005-04960 BE GR,4NTED
(2230 WEST COLCHESTER DRIVE, SUITES 1-5)
WHEREAS, the Anaheim Planning Commission did receive a verifed Petition fot Conditional
Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California,
described as:
LOTS 1, 2, 3 AND 4 OF TR.4CT NO. 2701, AS PER MAP RECORDED IN BOOK 115,
PAGES 5 AND 6 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on March 21, 2005, at 2:00 p.m., notice of said public hearing having been dulygiven as
required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60
"Procedures", to hear and consider evidence for and against said proposed conditional use permit and tp
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 Anaheim
Municipal Code Sections 18.08.030.040.0402 to permit and retain an existing church with waiver of the
following:
SECTIONS 18.42.040 Minimum number of parkina soaces.
AND 18.08.070 (213 required; 64 existing and proposed and
recommended by the Tra~c and Transportation
Manager)
2. That the parking study indicates that peak parking demand for off-street parking spaces is
substantially lower than the quantity provided for the uses on the site.
3. That the proposed project will not increase or compete for on-street parking because the
parking lot has more than adequate parking to accommodate this church and other assembly and
commercial tenants comprising this commercial center.
4. That the parking study indicates the property's parking area is sufficient to accommodate the
demand of parking generated by this assembly use and other uses on the property and therefore would not
increase the demand for parking spaces upon adjacent private property in the immediate vicinity of the site.
5. That the project will not cause increased tra~c congestion within off-street parking areas of
the site because, based on the applicanYs parking study and staff's inspections, on-site parking is only 65%-
70% occupied during peak parking demand periods during the week and 95% o~ the weekend.
6. That the on-site parking area has a total of three (3) access ou#lets. Peak tra~c demands
occur on Sundays and weeknights only. No impeding of traffic access into or out of the adjacent parking lots -
was observed during parki~g demand surveys of the project parking lot.
That the proposed use is properiy one for which a conditionai use permit is authorized tiy the
Zoning Code.
Cr\PC2005-0 -1- PC2005-
8. 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 proposed to be located.
9. That the size and shape of the site for the proposed use is adequate to allow the full
development of the use in a manner not detrimental to the particular area nor to the peace, heaith, safety,
and general welfare.
10. That the tra~c generated by the use wiA not impose an undue burde~ upon the streets and
highways designed and improved to carry the traffic in the area.
11. That the granting of the cortditional use permit under the conditions imposed will not be
detrimental to the health and safety of the citizens of the City of Anaheim.
12. 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 Planning
Commission has reviewed the proposal to permit and retain an existing church in conjunction with a
commercial retail center 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 wiil have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Pianning 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
safety and general welfare of the Citizens of the City of Anaheim:
1. That this permit shail expire on March 21, 2007.
2. That the hours of operation for the church (Suites 1-5) shall be limited to the following, as stipulated in
the applicanYs letter of operation:
. Sunday 10 am-12pm and 7 pm- 9 pm
• Wednesday 7 pm- 9 pm
+ Thursday 7 pm- 9 pm
~ Friday 7 pm- 9 pm
3. That no portable signage shall be utilized to advertise any of the uses iocated on the site.
4. That no outdoor events shall be permitted.
5. That the only accessory school activity shail be Sunday school and these facilities shall not include any
private daycare, nursery, elementary, junior and/or senior high schools.
6. That the granting of the parking waiver is contingent upon operation of the uses in conformance with
the assumptions and/or conclusions relating to the operation and intensity of uses as contained in the
applicanYs parking demand study that formed the basis for approval of said waiver. Exceeding,
violating, intensifying or othenvise deviating ftom any of said assumptions and/or conclusions, as
contained in the parking demand study, shall be deemed a violation of the expressed conditions
imposed upon said waiver whiah shail subject this to termination or modification pursuant to the
provisions of Sections 18.60 of the Anaheim Mu~icipal Code.
7. That the foliowing items observed at staffs physical inspection on October 14, 2004, shall be
-2- PC2005-
addressed within a period of sixty (60) days. The appropriate permits shall be obtained for any
necessary work as follows:
o Provide address numbers on front of building. CFC Section 901.4.4
. The owner shall hire a licensed architect to 1) conduct a comprehensive facility investigatjon; 2)
prepare accurate "as-builP' plans to reflect the existing tenant improvements and obtain permits
for items indicated below; 3) modify the plans in order to fuily comply with the applicable codes;
and 4) submit new "Tenant ImprovemenY' plans for permits and inspections.
a Interior walls constructed without permits.
a Opening in masonry wall on south side of the tenant space requires review and approvaL
e Upgrade restrooms, exit doors, and new counter top for handicap accessitiility.
a Mechanical, electrical, plumbing works (eiectrical fixtures, outlets, a/c distributions, gas, water
line, sewer cleanout at the middle of pavement, etc.) require permits.
. Reduce the number of chairs in Victory Outreach (Units #1-5) to 49.
That the following items shatl be addressed immediately:.
e Obtain approval of occupancy change from the Buiiding Division (before occupancy may exceed
49).
m Provide two 2A1 OBC fire extinguishers, serviced by a California State Licensed Company. T'dle
19
< A flame-retardant certificate shall be provided for aIl drapes, or remove. CFC Section 1103.3.3.1
> Maintain proper amounts of Exit doors provided with panic hardware and they must swing
outward. CFC Section 1207.1 and 1207.2
a Remove all secondary locks, latches, or bolts from Exit doors. CFC Section 1207.3
e Remove tape from circuit breakers secured in the "On" position. CFC Section 8504.
e Remove all extension cords. CFC Section 8506.1
o Add panic hardware to gates outside. They must have panic hardware and swing outward. CFC
Section 1208.2 and 1208.4
. Instali illuminated exit signs:
. The owner is required to hire a licensed architect to conduct a comprehensive facility
investigation. A licensed architect shall prepare the pians because they involve "Assembiy'
occupancies (potential of increased risk for fire related injuries).
. Unlock gate at west side for access to the public sidewalk (gate within the 4'-6" block wall was
locked),
o Change of Occupancy from B to A3 is required if occupancy exceeds 49.
,
That the maximum occupancy of any assembly use shall be limited to 49 persons until such time that
plans are submitted to the Building Division and Fire Department for review and approval. Upon such
approval, the occupancy may be increased for each of the assembly use to the number of congregants
identified in the parking study.
10. That there shall be no outdoor storage on site at any time; and that the existing outdoor storage
located to the rear (west) of the commercial center shall be removed.
11. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event
that it is removed, damaged, diseased and/or dead.
12. That 4-foot-high street address numbers shall be displayed on the roof of the buiiding in a color that
contrasts with the roof material. The numbers shall not be visible from the streets or adjacent
properties. Said information shall be specifically shown on plans submitted for building permits.
13. That the property shall be permanently maintained in an orderly fashion by the provision of regular
landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24)
hours from time of occurrence.
_3_ PC2005-
14. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
15. That the property owner/applicant shall pay the costs of Code Enforcement for quarterly inspections for
a period of one (1) year, and as often as necessary thereafter until the subject property is brought into
compliance, or as deemed necessary by the City's Code Enforcement Division to gain and/or maintain
compliance with State and local statutes; ordinances, laws or regulations for a period of one-year.
16. That subject property shall be maintained substantially in accordance with plans and specifications
submitted to the City of Anahefm by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1 and 2, and as conditioned herein.
17. That within a period of sixty (60) days from the date of this resolution, Condition Nos. 7, 10, 12 and 16,
above-me~tioned, shall be complied with. Extensions for further time to complete said conditions may
be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code.
18. That approval of this application constitutes approval of the proposed request only to the extent that it
compiies 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.
B~ IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolutipn is expressly predicated upon applicanYs 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, the~ this Resolution,
and any approvals herein contained, shall be deemed nuil and void.
AND BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges
related to the processing of this discretionary case application within 7 days of the issuance of the final
invoice or prior to the issuance of buifding 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
applicatio~.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
March 21, 2005. 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
Resoiution in the event of an appeaL
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-4- PC2005-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on March 21, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunko set my hand this day of
. 2005.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
_5_ PC2005-
3
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Variance No. 2005-04647 tK> " Subject Property
Date: March 21, 2005
Scale: Graphic
Requested By: SAINT CATHERINE'S MILITARY ACADEMY Q.S. No. 72
REQUESTS WAIVER OF PERMITTED TYPE, SIZE AND DIMENSIONS OF FREESTANDING SIGN
TO CONSTRUCT A FREESTANDING SIGN FOR A PRIVATE SCHOOL.
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215 North Harbor Boulevard ~~,u
ITEM N0. 3
~ate of nenai Nnoto: may zwz
Variance No. 2005-04647 Subject Property
Date: March 21, 2005
Scale: Graphic
Requested By: SAINT CATMERINE'S SCHOOL Q.S. No. 72
REQUEST TO CONSTRUCT A FREESTANDING SIGN FOR A PRIVATE SCHOOL WITH WAIVER OF
PERMITTED TYPE, SIZE AND DIMENSIONS.
215 North Harbor Boulevard
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and is, therefore, categorically e:
documentation.
sr8871 av.doc
hearing, and based upon tfie evidence submit~ed to the Commission, including';the e
presented in this"staff report, and oral and written evidence presented at the public li
the Commission aoorove the applicanPs request by adopting the attached resolution
including the findings contained therein.
,P
[DRAFT]
RESOLUTION NO. PC2005-"'
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION _.
THAT PETITION FOR VARIANCE NO. 2005-04647 BE GR,4NTED
(215 NORTH HARBOR BOULEVARD)
WHEREAS, the Anaheim Planrting 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:
PARCEL 1: COMMENCING AT A POINT IN THE CENTER OF PALM STREET ON THE
SOUTH SIDE OF THE WATER ALLEY ON THE NORTH BOUNDARY OF VINEYARD LOT D6,
SAID POINT BEING 816.75° FEET NORTHWEST FROM THE POINT OF INTERSECTION OF
THE CENTERLINE OF CENTER STREET AND PALM STREET, AS SHOWN ON A MAP OF
ANAHEIM, RECORDED IN BOOK 4, PAGES 629 AND 630 OF DEEDS, RECORDS OF LOS
ANGEL~S COUNTY, CALIFORNIA, AND RUNNING THENCE IN A SOUTHEAST DIRECTION
ALONG THE CENTERLINE OF PALM STREET, 363 1 FEET TO A POINT; THENCE AT
RIGHT ANGLES IN THE SOUTHWEST DIRECTION 374 FEET TO A POINT; THENCE AT
RIGHT ANGLES W A NORTHWEST DIRECTION 363.1 FEET TO THE SOUTH LINE OF SAID
WATER ALLEY ON THE NORTH BOUNDARY OF SAID VINEYARD LOT D6; THENCE AT
RIGHT ANGLES IN THE NORTHEAST DIRECTION ALONG THE SOUTH ~INE OF SAID
WATER ALLEY 374 FEET TO THE PO1NT OF BEGINNING, CONTAINING 3 ACRES, MORE
OR LESS.
RESERVING THEREFROM PALM STREET AS LAID OUT ON THE GROUND.
ALSO RESERVING THE RIGHT TO CONSTRUCT AND OPERATE A PIPELINE ALONG THE
EASTERLY LINE AS CONVEYED TO THE ANAHEIM UNION WATER COMPANY BY A
DEED RECORDED IN BOOK 86, PAGE 295 OF DEEDS, RECORDS OF ORANGE COUNTY,
CALIFORNIA; ALSO R~SERVING THE STREETS AS RESERVED IN THE DEED FROM L.T.
GARNSEY AND OTHERS RECORDED IN BOOK 439, PAGE 137 OF DEEDS, RECORDS OF
LOS ANGELES COUNTY CALIFORNIA.
ALSO SUBJECT TO ANY AND ALL OTHER RESERVATION, EASEMENTS, RIGHTS OF
WAY AND ROADS OF RECORD.
PARCEL 2: COMMENCING AT A POINT ON THE SOUTH SIDE OF THE WATER ALLEY
ON THE NORTH BOUNDARY OF VINEYARD LOT D6, SAID POINT BEING 816.75 FEET
NORTH 15.5° WEST AND 374 FEET SOUTH 75.5° WEST OF THE INTERSECTION OF THE
CENTERLINE OF CENTER STREET AND PALM STREET, AND RUNNING THENCE SOUTH
75.5° WEST, 356.4 FEET; THENCE SOUTH 15.5° EAST, 365 FEET; THENCE NORTH 75.5°
EAST 356.4 FEET; AND THENCE NORTH 15.5° WEST, 365 FEET TO THE POINT OF
BEGINNING AND CONTAINING 3 ACRES OF LAND, MORE OR LESS, AND BEING A
PORTION OF VINEYARD LOT D6, AS SHOWN ON A MAP OF ANAHEIM, RECORDED IN
BOOK 4, PAGES 629 AND 630 OF DEEDS, RECORDS OF LOS ANGELES COl1NTY,
CALIFORNIA.
PARCEL 3: LOTS 1 TO 6 INCLUSNE AND LOT 8 IN BLOCK 2 OF RESH'S
SUBDIVISION OF VINEYARD LOT D6, AS SHOWN ON A MAP RECORDED IN BOOK 4,
PAGE 92 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on March 21, 2005, at 2:00 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
"Procedures", to hear and consider evidence for and against said proposed variance and to investigate and
make findings and recommendations in connection therewith; and
CR1PC2005-0 -1- PC2005-
WHEREAS, said Commission, after due inspection, investigation and study made by itself
and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does-find
and determine the following facts:
1. That the petitioner proposes waiver of the following to construct a replacement freestanding
sign for a private school:
SECTION NO. 18.44:070 - Permitted tvpe, siqn and dimensions of a
freestandinq siqn (20 square foot wall or
freestanding sign permitted; 32 square foot
freestanding sign proposed)
2. That the above-mentioned waiver is hereby granted on basis that there are special
circumstances applicable to the property such as size, shape, topography, location and surroundings which
do not apply to other identically zoned property in the same vicinity; and that strict application of the Zoning
Code deprives the property of privileges enjoyed by other private and public school properties in the vicinity
and the City at-large.
3. That there are exceptional or extraordinary circumstances or conditions appiicable to the
property because the building is setback a large distance from Harbor Boulevard making identification
through wall signage infeasible; and that a monument sign would not provide adequate identification
because of the existing 6 foot high perimeter security fencing adjacent to Harbor Boulevardthat 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 su6stantial
property right possessed by other school properties in the same vicinity and zone, and denied to the property
in question.
5. That the requested variance wiif not be materially detrimental to the pubiic welfare or
injurious to the property or improvements in such vicinity and zone in which the property is located since the
proposed freestanding sign wouid be replacing an existing legal nonconforming signrecently removed from
the property.
That "" indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to subject petition.
CALIFORNIA EfVVIRONMENTAL QUALITY ACT FINDING The Planning Director's
authorized representative has determined that the proposed project falls within the definition of Categorical
Exemptions, Section 15301, Class 11 (Existing Facilities), as defined in the State CEQA Guidelines and is,
therefore, exempt from the requirement to prepare additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim 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:
That the applicant shall obtain a sign permit from the Building Division.
2. That no other freestanding or monument signs shall be located on the property.
3. That subject property shall be developed and maintained substantially in accordance with plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the
Planning Department marked of Exhibit Nos.1 and 2, and as conditioned herein.
-2- PC2005-
4. 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 and 3, above-mentioned, shali be complied with.
Extensions of further time to complete said conditions may be granted in accordance with Sectio~
18.60.170 of the Anaheim Municipal Code.
5. That approval of this apptication constitutes approval pf 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 inc~ude 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 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 judgme~t of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and void.
AND BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to
the processing of this discretionary case application within 7 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
March 21, 2005. 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
Resoiution in the event of an appeal.
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on March 21, 2005, by the fo~lowing vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this day of
, 2005.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-3- PC2005-
ATTACHMENT - ITEM N0. 3
SECTION 4
APPLICANT'S STATEMENT OF
JUSTIFICATION FOR VARIANCE/CODE WAIVER ~ ~~%`'~-~
(NOT REQUIRED FOR PARKING WAIVER) L~,~ ~ ~--~
tEQUEST FOR WANER OF CODE SECTION: ' -~'~"~'~ ~~
~: [ /1 _ I I ~(A separate statement i arequirec~ for e~ach Cod~w~iver~
?ERTAINING TO:
3ections 18.74.060 of the Anaheim Municipal Code requires that before any variance or Code waiver may be granted by the
Zoning Administrator or Planning Commission, the following shall be shown:
That there are special circumstances applicable to the property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical zoning classification in the vicinity; and
2. That, because oF such special circumstances, strict application of the zoning code deprives the property of privileges
enjoyed by other property under identical zoning classificatioa in the vicinity.
In order to detertnine 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 quesrions regarding the property for which a variance is sought, fully
and as completely as possible. If you need additional space, you may attach additional pages.
Are there spec~a~ circumstances that apply to the property in matters such as size, shape, topography, location or
surnoundings? ~Yes _ No.
.F.~ . /1 . • .. ~
2.
3.
If y,~ur answer is "Yes,,' describe the spg~cial cirpumstances:
Are the special circumstances at apply to the property different From other properties in the vicinity which are in the
same zone as your property? Yes _ No
i _ .4 _ _
If
how the property is
~ - w~-~- - ~^- - ~ ~ - - - ~ - - . - - •
D e special circumstances applicable to the prope,ety deprive it of privileges currently enjoyed
properties located within the same zone? _Yes _X~N9
If your answer if "yes," describe the special circumstances:
~
4. Were the special ci u stances c~eated by causes beyond the control of the property owner (or previous property
owners)? _ Yes ~
EXPLAIN
The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be
appro which would ha e effect of anting a special privilege not shazed by other property in the same viciniTy and zone
w'ch is ot othenvise e res ly authori otte regulations governi~ ~ubject p operty. Use variances aze not permitted.
~~~ I l ~ ~/
Si a. e of Property O_ er~r Authorized Agent Date
CONDITIONAL USE PERMITNARIANCE NO.