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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 ~ G N y N .~ 2. J~ ~ve GHE~SEP~~ x NV N W K~ 0 RCV2d3-31~ _ (Resa11n1enIbCL VQ ^ CUP 1319 ~ W ~ U ~ ~ Q v~ ug ~ ~o ~ W ~ J RCL 72-73-37 O (Res ollnItentlo CL) m y . ~ W ~.::.;. ac"i.;1 J HCL6661-0] J _ T~CUP 2005-0496~_ m cuPese ~ mT•VAR2004~04622 U AR2004-0EfiO~ yACANj" H ~.'' ~ 97 . fA SOUTH~ST-REET 1 F RS-2 W 1 DU EACH ~ ai RESEDA PLACE 0 w N RS-2 W ~ I 1 DU EACH DU ~ p~ ~,.... ,,.,~ ~~ a w RCL 8S6fi-0] U cuPZaez ~ g W = CUPB75 n W p 5.5. ~. 0- K o O Rp~ ~ = x a.i m D vE ~ O qCLg&BB-)B ~ O ~~ S F Rc~j. .- CUPZ0040C887 !/J J (~ ~GH (CUP1]84~ ~~ . ~ ~ ~ Du ~VAft 1fi95 uti = J VQ ~ ~ (n CUP 1618 NEISHOP~N~00 ~ V a N W a. ~ RC1.10.]b4 RS"2 F1 ~EHrEft m ~ ~~ CUP 11]3 a ~~U~C ~°my ~0 a ^n pUTHS'( ~e;y ~ S RCL 70-71-22 ~ ~ R8_z VAR 4034 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 7fiB DU ~.~..~ n. - nmp • OR4NGECOUNTYL/MITS ~_ ~ _ _ 0 W I m I DU EACH o 0 0 N O 0 1 ~U EACH -~'~ RS'z ~ 1 DU EACH ~ BROADWAY PG 0 ~ m . RCL64fiS]4 RCl &991' ~e F ACLS&60103 RCLS360-0U ~ VAR433 VAR433 ~ PCN9301 uauoa ~ o ~- SS 85HOPS y N ~ ._ ~ r~ . ... ~ GG (BCC) ~UP 15fi3 o _ RCL9&9&it VAR433 RCL5460. N ~ ^ Y 1 PROF. _ T-0UP2005-009B9gUIl01NGt~ ~ O~ CUP20U4-04B85 ?LCOM ~ I o -::. [~~t ~: a' 275 ' -~-~ ; ~m F~ 0.CL8&B&11 RCLS&60.t03 TAC09ELL CUP3352 REST. ~ VAR 433 • o ~-~ VAR11$75 v RGL9&4941 RCL98-9&11 SMALLCOMM. RC~ss6o~toa ,c-~ RCL63~4-118(3) SHOPS W ~Aft433 RCL9&B&1 PG CUP2139 CUP1484 RCL9&9841 i~CUP l W t-01 O~'~CUP1)31 xCUa2o~oPa CUP7807 SM.COMM. ~~.RCLfi364-118(fi) CUPt675 N CUP&16 wP20ao-wx - ~/~~b ~ SHOPS T RCL5360.29 - ~ ~~ REST. I RCL 9699-11 VAR 1522 ~ RCL616A-NB SMALLCOMM. (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 j CUP 2487 RCL B&99-11 p CUP fi70 ~ LCUP 2~01-06457 rc COMM.SHOPS cua2ooo-aq2n ~ U ~U T~CUP2aa0-045i2 i ~ O VAR2002-04538 V a 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 ~ ~ ~ ~ z ~ Q N ~ VALLE J ~ ' N~ J~ i KL I~ 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 ~ Z W W ~ ~ w W ~ ~ ~ ~ ~ ~ _ Y O ~ ~ m BLDG RM-4 RCL 50•59-34 RCL 57-5&26 APAR7MENT5 RM-4 APARTMENTS I I ~Zp~ COLCHESTERDR GG ~ z ~:. ~ RCL9B-99-11' z~!.~.~,; RGLSB-6934 ~ ;a' `~ 'z,H ~ RCL57-5&26 :~' ``t^~~`' .-~m WP3342 W . ~`+ CIIP 3866 ~ ~ ~~ri.°"` m~d'n, v°~jwe GOOOY R f~4 . ~~ x ;! ~. mmr~~ ~. ,/~i' ~minwaa GG Z"~' ^t ~.,~ "~" c~it~iUUU RCL9B-99-N ~ s S, ~K¢ RCL585B-34 ~ ~ ~~ ~' f~.. ~ ~~.~.~ RCL67S&26 ~ ', "7j~~ CUP 2961 ~ CUP 1354 VANCOUVER DRIVE ~ ~~ ~ ~'r'~f vAtt iaea CUP1620 I I I ~ ..~G ~ry I I I I RCL9B-99-11 ~~`7a<a ~ a I I ~a~ I~I RCL78-79-45 ~Y~ ~ RCL575&26 CUP2005-04960 m ~o~ pa°'- I>I RCL 54-55-40 j w~ ~ CUP 2004-04861 ~ ~ w~ CUP 9B2 ~~I CUP 3649 ~ ~ Z~ CUP 1220 I UI ~ CUP 1662 VAR 1323 i Qi 60 D.U. CONDO j WI ~ ~ CUP 3458 ( ) I I I]i ~ (CUP2284) .. ~ N~ I . .f SHOPS3~ -CUP39B0- ----~ ~`. ------ ~ -----~ ~------t CUP 2003-04768 WEST ANAHEI COMM RC ~ql CORRIDORS ~G ~ ~~ VAR 2005 I P2~03-04768 RCL A &11 BROOf01URST5H PPING IST OFFICE RCL 5455-40 CENTER ~ CUP2003-04768 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[ C-G 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 SHOPPING CENTE BROOKMORE AVE. a~ RCL 98-99-07 Rc~ ~-sa~oa RCL 62E3-113 BANK ftCL B68B-11 ~ I~ RGL545S7 RESTAUftANf GG Le&B&17CUP'14 :L545S7 VALPD ~~ GG RCLB&8&11 RCL 50.55.7 T-Ll)P 2002-0d31. 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 GF~'R~REi `1N~c PVENVE ~~~ m m z a ( a ~ VA~ i 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. T p PAPK_... PEARS~ / ST CYPRES/ GN T~% 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 nas 3s 3t StrUCtUres),aS tletinetl In the S[e 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.