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Anaheim Planning Commission Agenda - 2:30 P.M.
Public Comments:
This is an opportunity for members of the public to speak on any item under the jurisdiction of the
Anaheim 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..
Resorts and Recommendations
1 A. (a)
(b)
(c)
1 B. (a)
(d)
No. CUP2006-05081)
Agent: John Ward, Stonybrook, LLC, P.O. Box 4304, Carson, CA
90749
Location: 736 South Beach Boulevard and 2966 West Stonybrook
Drive: Property is approximately 0.64-acre located at the
southeast corner of Beach Boulevard and Stonybrook Drive.
Request for a retroactive time extension for apreviously-approved
7-unit detached single-family residential condominium subdivision.
Agent: Robert Lombardi, P.O. Box 270571, San Diego, CA 92198
Location: 500 North Brookhurst Street: Property is approximately
1.22 acres located at the northeast corner of Brookhurst Street and
Alameda Avenue.
Request to review final elevation plans for apreviously-approved
commercial retail center with drive-through restaurant.
Minutes
1C. Receiving and approving the Minutes from the Planning Commission
Meeting of May 1, 2006. (Motion)
Project Planner:
(mnewland oQanaheim.net)
Project Planner:
(jnixonQanaheim.vet)
H:\dots\clericallagendas\051506.doc (05/15/06)
Page 2
Public Hearing Items:
2a. CEQA NEGATIVE DECLARATION (READVERTISED)
(PREVIOUSLY-APPROVED-
2b. WAIVER OF CODE REQUIREMENT
2c. CONDITIONAL USE PERMIT NO. 2003-04685
(TRACKING NO. CUP2006-05078)
Owner: Carlo John Lugaro Trust, 1145 Glen View Drive, Fullerton,
CA 92835-4032
Agent: Joseph Karaki, Western States Engineering, 4887 East La
Palma Avenue, Anaheim, CA 92807
Location; 590 North Magnolia Avenue: Property is .approximately
0.8 acre and is located at the southeast corner of Magnolia
Avenue and Crescent Avenue.
Request to modify exhibits and amend or delete conditions of approval to
modify apreviously-approved automobile car wash facility with accessory
fast food restaurant and accessory retail sales to permit a self serve car
wash facility with waiver of minimum landscape setback.
Continued from the May 15, 2006, Planning Commission meeting.
Project Planner:
Conditional Use Permit Resolution No. Qp2mirez@anaheim.net)
3a. CEQA NEGATIVE DECLARATION Request for
3b. WAIVER OF CODE REQUIREMENT continuance to
3c. CONDITIONAL USE PERMIT NO. 2006-05069 June 12, 2006
Owner: Public Storage Euro Partnership, 701 Western Avenue,
Glendale, CA 91201
Agent: Dean Grobbelaar, Pacific Planning Group, INC., 23412
Moulton Parkway, Suite 140, Laguna Hills, CA 92653
Location: 4880 East La Palma Avenue: Property is approximately
3.5 acres, having a frontage of 340 feet on the south side of
La Palma Avenue and is located 115 feet west of the
centerline of Manassero Street.
Request to construct alive-story self storage building with building
heights exceeding 60 feet with waivers of (a) maximum floor area ratio
and (b) maximum fence height.
Continued from the March 20, April 17, and May 1, 2006, Planning Commission
meetings.
Conditional Use Permit Resolution No. Project Planner:
(jnixen@ananeim.net)
H:\docs\clerical\agendas\051506.doc (05115/06)
Page 3
4a. CEQA NEGATIVE DECLARATION (READVERTISED)
4b. WAIVER OF CODE REQUIREMENT
4c. CONDITIONAL USE PERMIT NO. 2005.05060
4d. DETERMINATION OF PUBLIC CONVENIENCE
OR NECESSITY NO. 2005-00024
Owner: Pietro T. Trozzi, 9471 Gateshead Drive, Huntington Beach,
CA 92646
Agent: Rick Solberg, Solberg & Associates, 201 East Center
Street, Anaheim, CA 92805
Location: 3242 West Lincoln Avenue: Property is approximately 1.5
acres, located east and south of the southeast corner of
Westchester Drive and Lincoln Avenue, having frontages of
136 feet on the south side of Lincoln Avenue and 167 feet
on the east side of Westchester Drive (Maria's Pizzeria and
Billiards).
Conditional Use Permit No. 2005-05060 -Request to permit a :restaurant
and billiard facility with the on-premises sale and consumption of beer and
wine with waiver of minimum number of required parking spaces.
Determination of Public Convenience and Necessity No. 2005-00024 -
Request to permit sales of beer and wine for on-premises consumption
within a restaurant and billiard facility.
Continued from the February 6, March 20, April 17, and May 1, 20D6, Planning
Commission meetings.
Conditional Use Permit Resolution No.
5a. CEQA CATEGORICAL EXEMPTION -CLASS 1
Sb. CONDITIONAL USE PERMIT NO. 2006-05070
Owner: Samuel Magid, Ball Euclid Plaza, LLC, P.O. Box 5272,
Beverly Hills, CA 90210
Agent: John Dodson 1330 Olympic Boulevard, Santa Monica, CA
90404
Location: 1717-1723 West Ball Road: Property is approximately 7.3
acres and is located at the northwest corner of Ball Road
and Euclid Street.
Request to permit the division of a retail unit into three units and establish
land use conformity for an existing commercial retail center.
Continued from the April 3, 2006, Planning Commission meeting.
Conditional Use Permit Resolution No.
H:\d ocs\clerica I\a g e n d a s\051506. d oc
Request for
continuance to
May 31, 2006
Project Planner:
(kwonc2(alanaheim. neU
Withdrawn
Project Planner:
(avazquezQanaheim.nel)
(05115/06)
Page 4
6a.
6b.
Owner: Karl A. Bergstrom, 1662 La Loma Drive, Santa Ana, CA
92705
Agent: Steve Sheldon, 901 Dove Street, Suite 140, Newport
Beach, CA 92660
Location: 200 West Alro Way: Property is approximately 1.5 acres,
having a frontage of 100 feet on the south side of Alro Way
and is located 115 feet east of the centerline of Manchester
Avenue (Bergstroms).
Request waivers of (a) continuation and termination of legal non-
conforming signs and (b) maximum letter height for wall signage to retain
one non-conforming business identification pole sign with electronic
message board and one non-conforming business identification wall sign.
Continued from the April 3, and May 1, 20D6, Planning Commission meeting.
Variance Resolution No.
7a. CEQA NEGATIVE DECLARATION
7b. CONDITIONAL USE PERMIT NO. 2006-05082
Owner: Southern California Edison Company, Attn: Robert Teran,
2131 Walnut Grove Avenue, Rosemead, CA 91770
Agent: John Koos, Core Communications, 1509 Allyson Court,
Brea, CA 92821
Location: 1650 South Ninth Street: Property is approximately 2.52
acres, 'having a frontage of 175 feet on the east side of
Ninth Street and is located 139 feet north of the centerline
of Laster Avenue.
Request to permit a telecommunications antenna on an existing SCE
tower with accessory ground-mounted equipment.
Conditional Use Permit Resolution No.
H:\docs\cl erica I\age nd as\051506. d oc
Pmjecf Planner:
(dhenick@anaheim. net)
Project Planner:
(kwong2Qanaheim. net)
(05/15106)
Page 5
8a. CEQA NEGATIVE DECLARATION
Sb. CONDITIONAL USE PERMIT NO. 2006-05086
Owner: Logan LTD Partnership, 4931 Birch Street, Newport Beach,
CA 92660-2114
Agent: John Koos, Core Communications, 1509 Allyson Court,
Brea, CA 92821
Location: 2278 East Via Burton Street: Property is approximately
1.11 acres and is located at the southwest corner of Via
Burton Street and Placentia Avenue.
Request to permit (co-locate) six additional antennas on an existing legal
non-conforming telecommunications monopole facility and to establish an
accessory ground-mounted equipment area.
Project Planner:
QpramirezQanaheim.vet)
Conditional Use Permit Resolution No.
9a. CEQA NEGATIVE DECLARATION
9b. CONDITIONAL USE PERMIT NO. 2006-05087
Owner: EMS Real Estate Consortium, 30101 Town Center Drive,
#201, Laguna Niguel, CA 92677
Agent: John Koos, Core Communications, 1509 Allyson Court,
Brea, CA 92821
Location: 2711 East Coronado Street: Property is approximately
0.18-acre, having a frontage of 90 feet on the north side of
Coronado Street and is located at the terminus of
Coronado Street.
Request to permit (co-locate) six additional antennas on an existing legal
non-conforming telecommunications monopole facility and to establish an
accessory ground-mounted equipment area.
Project Planner:
(jprami2zQa anaheim.nef)
Conditional Use Permit Resolution No.
H:\dots\clerical\agendas\051506.doc (05/15/06)
Page 6
10a. CEQA NEGATIVE DECLARATION
10b. CONDITIONAL USE PERMfT NO. 2006-05085
Owner: Diocese of Orange, 2811 East Villa Real Drive, Orange, CA
92867-1932
Agent: John Koos, Core Communicatipns, 1509 Allyson Court,
Brea, CA 92821
Location: 412 North Crescent Wav: Property is approximately 4.8
acres, having a frontage of 670 feet on the east side of
Crescent Way and is located 400 feet north of the
centerline of Penhall Way.
Request to permit a telecommunications facility on an existing lattice
tower with accessory ground-mounted equipment. project Ptanner
(kwong2@anaheim. net)
Conditional Use Permit Resolution No.
11 a. CEQA NEGATIVE DECLARATION
11b. WAIVER OF CODE REQUIREMENT
11 c. CONDITIONAL USE'PERMIT NO. 2006-05075
Owner: Diocese of Orange, 2811 East Villa Real Drive, Orange, CA
92863
Agent: HMC Architects, 2601 Main Street, Suite 100, Irvine, CA
92614
Location: 412 North Crescent WaY: Property is approximately 4.8
acres, having a frontage of 670 feet on the east side of
Crescent Way and is located 400 feet north of the
centerline of Penhall Way (St. Thomas Korean Catholic
Church).
Request to expand an existing church to construct a new 15,502 square
foot church and to convert an existing 29,100 square foot building into
meeting rooms, youth center and administrative offices with waiver of
minimum number of parking spaces. Project Ptanner.
(dherrick@anaheim.net)
Conditional Use Permit Resolution No.
H:\dots\clerical\agendas\051506:doc (05/15/06)
Page 7
12a. CEQA NEGATIVE DECLARATION
12b. WAIVER OF CODE REQUIREMENT
12c. CONDITIONAL USE PERMfr NO. 2006-05083
Owner: Guillermo M. Aguirre, 415 North Sunkist Street, Anaheim,
CA 92806
Agent: Rob Perez, Parsons, 19752 MacArthur 13culevard, Suite
240, Irvine, CA 92612
Location: 1920 East Center Street: Property is approximately 0.37-
acre, having a frontage of approximately 114 feet on the
south side of Center Street and is located approximately
345 feet west of the centerline of State College Boulevard.
Request to permit a telecommunications antenna (disguised as a pine
tree) with accessory ground-mounted equipment with waiver of maximum
permitted fence height.
Project Planner.
(dherrick@anaheim. net)
Conditional Use Permit Resolution No.
Adjourn To Wednesday, May 31, 2006., at 12:00 P.M. for
A Workshop on Affordable Housing and
Preliminary Plan Review.
H:\does\clerical\agendas\051506.doc (OS/15106)
:Page 8
CERTIFICATIOM OF POSTING
I hereby certify that a complete copy of this agenda was posted at:
4:00 p.m. May 11, 2006
(TIME) {DATE)
LOCATION: COUNCIL CHAMBER DISPLAY CASE AND
/C~OU/N~CIL~D/IS)PLAY KIOSK
SIGNED: ~U-t%S-~C.J/ ~ t 1 /
-~
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 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, 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 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 Tele hone S stem at 714-765-5139.
H:\dots\clerical\agendas\051506.doc (OSI15I05)
Page 9
SCHEDULE
2006
_~
May 31 (Wed)
June 12
June 26
July 10
July 24
~~ August 7 ~)
August 21
September 6 {Wed)
September 18
October 2
October 16
October 30
November 13
November 27
December 11
II December 27 (Wed) II
H:\dots\clerical\agendas\051506:doc (05/15/06)
Page 10
Item No. 1-P
wr~i 41
CUP 1097
VAR 2284
WEST ANAHEIM
MEDICAL PLAZA
cuP iosi
VAR 2264
WEST ANAHEIM
MEDICAL PLAZA
r-----RCL 80431-OS- CUP 2102
~I TOWNHOMES
21
I
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RCL 74-7576 I
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I RCL 70-71-51
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CUP 1498 I
- TOWNHOMES '--~ j
C~
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C-0i RCL 78-79-43
-62 RCL 78-79-03 RCL 70-71-51
RCL 66417-02
lone (Res, of Intent
__ ____. REST.
CUP 2355
RCL 74-7536
CUP 1643 MOTEL
CUP 1736
CUP 1547
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J ~ VAR 1229
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~ C-G CUP 22
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~ ~ RCL 71-72-35 MOTE
L W C-G
~ ~ RCL 80-81-44
~ CUP 2237
ECONO LODGE
q MOTEL
C-G
RCL 68-89-30 SAHARA
CUP 3110 MOTEL
VAR 1055
Conditional Use Permit No. 2004-04831
TRACKING NO. CUP2006-05081
Tentative Tract Map No. 16650
TRACKING NO. SUB2006-00031
Requested By: JOHN WARD
RM-4
c-~ RCL 61-62-61
CUP 2142 CUP 209 ~
VMOiEi2 APARTMENTS N
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-33
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736 South Beach Boulevard and 2966 West Stonybrook Drive
a
10037
A
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RM-2
T-TTM 2006-00031
TTM 16650
RCL 2004-00115
RM-4
RCL 70-71-17
RCL 59-50-112
VAR 2215
APARTMENTS
300 DU
RM-4
RCL 66-69-50
VAR 2034
APARTMENTS
RM-4
CUP 209
APARTMENTS
56 DU
RM-2
T-TTM 2006-00031
TTM 16660
RCL 2004-00115
RCL 90-91-31
(Res. o(Mt. to CL1
T
~ BADEN-POWELL
ELEMENTARY SCHOOL
CUP 379 C-G
GPA 2004-00417 RCL 66-67-15
VACANT .SMALL SHOPS
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CUP 314
DU
- Subject Property
Date: May 15, 2006
Scale: 1" = 200'
O.S. No. 14
City of Anaheim
I~LANNIIVG I3EPAI2'TiVVtEIVT
May 15, 2006 ,
Stonybrook, LLC -
John Ward
P.O. Box 4304
Carson, CA 90749
Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of
May 15, 2006.
1. REPORTS AND'RECOMMENDATIONS:
1A. (a) CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPRO~
(b) CONDITIONAL USE PERMIT NO. 2004-04831
(TRACKING NO. CUP2006-05081):
(c) TENTATIVE TRACT MAP NO. 16650
(Tracking No. SU.B2006-00031)
Agent: John Ward, Stonybrook LLC, P.O. Box 4304, Carson, CA 90749
Location: 736 South Beach Boulevard and 2966 West Stonybrook Drive Property
v+ww,anaheim.nel
is approximately 0.64 acres and is located at the southeast corner of Beach
Boulevard and Stonybrook Drive.
Request for a retroactive time extension for apreviously-approved 7-unit detached single-
family residential condominium subdivision.
ACTION: Commissioner XXX offered a motion, seconded by Commissioner XXX and
MOTION CARRIED, that the Anaheim Planning Commission has reviewed the request for a
retroactive time extension for apreviously-approved 7-unit detached single-family residential
condominium subdivision and does hereby determine that the previously-approved Negative
Declaration serves as adequate environmental documentation for this request for retroactive
time extension.
Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION
CARRIED, that the Anaheim Planning Commission has approved the request for aone-year
retroactive extension of time (to expire on April 5, 2007) for Conditional Use Permit No. 2004-
04831 based on the following:
(i) That this is the second request for an extension of time and would not extend the
entitlement beyond the two extensions authorized by the Code.
(ii) That no additional information or changed circumstances are present which would
contradict the facts used to support the required findings for approval of this Conditional
Use Permit.
{iii) That the property is being maintained in a safe, clean and aesthetically pleasing
condition with no unremediated code violations on the property, as confirmed by an
inspection of the subject property by the Community Preservation Division.
200 South Anaheim Boulevard
P.0. Box 3222
Anaheim, Calilornia 92803
TEL (714) 765-5139
(iv) That although the project was approved prior to the comprehensive zoning code -- - -
update, the ordinance approving the General Plan and Zoning Cade Update exempts
projects approved prior to June 8, 2004, from the new zoning code provisions provided
a time extension is granted by the approval authority.
Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION
CARRIED, that the Anaheim Planning Commission has approved the request for a one (1)
year extension of time fpr Tentative Tract Map No. 16650 (to expire on April 5, 2007) based
on the following:
(i) That the request was filed prior to the expiration of the approved or conditionally
approved tentative map.
(ii) That the request for the extension is for 12 months, and would result in the tentative
map approval of not more than three years.
(iii) That no modification of the tentative parcel map is included in this request.
Sincerely,
Eleanor Morris, Senior Secretary
Anaheim Planning Commission
CUP2004-04831 Excerpt
~Stonybrook
3/13/2006
Ms. Elaine Theinprasiddhi
City of Anaheim Planning Department
Re: 736 Beach Blvd - TTM #16650
I/ill~s LLC Attachment - R8R 1-A
Please accept this letter as our formal request for an extension on the completion of the
conditions set forth on the approval of the above referenced Tentative Tract Map.
We were in the process of obtaining our construction financing when we were offered an
offer to purchase the project that was too good to decline. At this time, our buyer is
malting final arrangements to close their escrow. After that, it is my understanding that
they have financing in place to pay the fees due and record the Final Map.
you in advance for y~,ur consideration with this matter.
Villas LLC
P. O. Box 4304 Carson Ca 90749
Ph (3101874-3311
Fax (3'/OJ SZZ-9964
7w019
CllP N0.2004 - 0 4 8 31
Item No. 1
T
BROOKHURST
JUNIOR HIGH SCHOOL
C-G
RCL 98-99-11
RCL 72.73-0
T-VAR 4408
VAR 4389
VAR 2403
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VAR 1684
PROFESSIONAL
OFFICES
IiKHMtK(:Y HVtNUE
RCL 9399-14 RCL 98-99-14
RCL 9&99-11 RCL 98-99-11
RCL fiG6]-14
RCL 60.65-03 RCL 89-90-34 C-G
CUP 2001-04406 RCL 88-89-33
rLUP ZOao-o423e COMMERCIAL
T-cu~
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4zz9
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T-CUP 2000-04238
T-CUP 2000-04229
CUP 4128
VAR 4115
C-G VAR 4013
VAR 3894
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RCL 89-90-34 T
RM-4 RCL 98-99-11 FIRE STATION
VACANT VAR 4115 N0.2
CRESCENT AVENUE WESTANAHEIMCOMMERC/ALCO
REDEVELOPMENT PROJEC
u ~
RCL 9b99-11 RCL 9&9311
RCL ]2-]3-03 .RCL ]2-]3-03
CUP 2906 CUP 1594
5.5, 8 VAR 3190
FOOD MART PC 2004-0003
H
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RCL 98-99-11 ~ RM-0
RCL 72-73-03 to RCL 69-70AB
CUP 2004-04858 } CUP 1225
VAR 2616
CUP 1594 W VAR 2717 S
OFFICE BLDG. J TARA HILL
APARTMENTS
j 368 OU
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19]25 CUP 2480
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APARTMEMS
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BROWNWOODAVE
Conditional Use Permit No. 2006-05071
TRACKING NO. CUP2006-05100
Requested By: ROBERT LOMBARDI
500 North Brookhurst Street
10059
N
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Subject Property
Date: May 15, 2006
Scale: 1" = 200'
Q.S. No. 39
City of Anaheim
hLANNONG ®EPARTMENT
May 15, 2006
Robert Lombardi
P.O. Box 270571
San Diego, CA 92198
Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of
May 15, 2006.
REPORTS AND RECOMMENDATIONS:
1 B. (a)
(b)
NO. CUP2006-05100)
Agent: Robert Lombardi, P.O. Box 270571, San Diego, CA 92198
Location: 500 North Brookhurst Street: Property is approximately 1.22 acres
located at the northeast corner of Brookhurst Street and Alameda Avenue, having
frontages of 180 feet on the east side of Brookhurst Street, 240 feet on the north
side of Alameda Avenue, and 180 feet on the westside of Valley Street (500 North
Brookhurst Street).
,v+nv.anaheim. nel
Request to review final elevation plans for apreviously-approved commercial retail center
with drive-through restaurant.
ACTION: Commissioner XXX offered a motion, seconded by Commissioner XXX and
MOTION CARRIED, that the Anaheim Planning Commission has reviewed the proposal to
review final elevation plans for apreviously-approved commercial retail center with drive-
through restaurant and does hereby determine that the previously-approved Negative
Declaration serves as adequate environmental documentation for this request.
Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION
CARRIED, that the Anaheim Planning Commission has reviewed the request to review final
elevation plans for apreviously-approved commercial retail center with drive-through
restaurant, and does hereby aoprove the elevation plans for apreviously-approved
commercial retail center with adrive-through restaurant based on Commission's concurrence
with staff that the final plans are architecturally enhanced to provide a quality commercial
retail center that is compatible with the existing neighborhood.
Sincerely,
Eleanor Morris, Senior Secretary
Anaheim Planning Commission
CUP2006-05071_Excerpt
200 South Anaheim Boulevard
E0. Box 3222
Anaheim, Calilornia 92803
TEL (714)765-5139
Attachment -!R8R 1-B
RESOLUTION NO. PC2006-34
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT. NO. 2006-05071 BE GRANTED
(500 NORTH BROOKHURST STREET)
WHEREAS, the Anaheim 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 3, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 85 PAGES 4 AND 5 OF PARCEL
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 April 17 2006 at 2:30 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 proposed use, to permit a commercial retail center, is properly one for which a
conditional use permit is authorized by Anaheim Municipal Code Section 18.08.030.040.0402.
(a) SECTION NO. 18.44.080.060 Permitted number of tenants on a monument Sion:
(Deleted)
(b) SECTION NOS. 18.08.070 AND Minimum number of parking spaces'
18.42.040.010 (71 required; 63 proposed and recommended by
the City's Independent Parking and Traffic
Consultant)
2. That the above-mentioned waiver (a) has been deleted since the plans have been revised.
3. That the above-mentioned waiver (b) pertaining to the minimum number of parking spaces is
hereby granted based on the parking analysis prepared by the City's independent parking and traffic
consultant and the finding that the project would provide a total pf 63 parking spaces. As a result, the project
will provide adequate off-street parking to accommodate all vehicles attributable to the project under normal
operation.
4. That as demonstrated in this parking analysis, the project will provide adequate parking on-
site to accommodate parking demand under normal operation. On-street parking is not anticipated for this
use.
5. That the waiver, under the conditions imposed, if any, will not increase the demand for
parking spaces upon adjacent private property in the immediate vicinity of the proposed use because the
project will provide adequate parking on the project site to accommodate its parking generation. No demand
for parking on adjacent private property is forecasted.
6. That the waiver, under the conditions imposed, will not increase traffic congestion within the
off-street parking areas or lots provided for such use because the design and layout of parking considers
good traffic flow and minimizes the need to circulate to find parking. The retail use and the drive-through
Cr\PC2006-34 -1- PC2006-34
coffee-shop/restaurant will provide adequate parking on site. Therefore, traffic congestion is not anticipated, __
with implementation of the project.
7. 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 because the
project is proposing to provide vehicular access to the site along Brookhurst Street, Alameda Avenue and
Valley Street. The locations of the proposed driveways will not impede vehicular ingress to or egress from
adjacent properties. Furthermore, it has been established previously that a sufficient supply of off-street
parking will be provided to meet the forecasted parking demand. Therefore, no stacking onto the public
street or blocking adjacent driveways would be expected to occur.
8. That the proposed coffee shop restaurant and commercial retail building as conditioned
herein would 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 use is adequate to allow the full development of
the proposed use in a manner not detrimental to the particular area or to the health and safety.
10. That the traffic generated by the use will not impose an undue burden upon the streets and
highways designed and improved to carry the traffic in the area because the design of the coffee shop and
commercial retail center provide adequate access from Brookhurst Street, Alameda Avenue, and Valley
Street.
11. That the granting of the conditional use permit under the conditions imposed, if any, will not
be detrimental to the health and safety of the citizens of the City of Anaheim and will provide an additional
outlet for the purchase of goods and services.
12. That the proposed commercial retail center would be an appropriate use of this C-G zoned
property in a mid block location due to its compatibility with the adjacent commercial uses to the north and
accessibility from three public streets.
13. That no one 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 a new commercial retail center with adrive-through
restaurant 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 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
safety and general welfare of the Citizens of the City of Anaheim:
1. That no convenience markets and/or retail sales of alcoholic beverages shall be permitted unless a
separate conditional use permit is approved by the Planning Commission.
2. That no video, electronic or other amusement devices shall be permitted on the premises.
3. That all public phones shall be located inside the building.
-2- PC2006-34
4. That adequate lighting of parking lots, driveway, circulation areas, aisles, passageways, recesses 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 on-site. Sold lighting shall be directed, positioned and shielded in such a manner so as not to
unreasonably illuminate the window areas of the adjacent residential properties. Light fixtures shall be
a maximum of 12-feet in height. Said information shall be specifically shown on plans submitted for
Police Department, Community Services Division approval.
5. That all trash generated from this coffee shop restaurant and commercial retail center shall be properly
contained in trash bins located within approved trash enclosures. The number of bins shall be
adequate and the trash pick-up shall be as frequent as necessary to ensure the sanitary handling and
timely removal of refuse from the property. The Community Preservation Division of the Planning
Department shall determine the need for additional bins or additional pick-up. All costs for increasing
the number of bins or frequency of pick-up shall be paid by the business owner.
6. 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.
7. That no roof-mounted balloons or other inflatable devices shall be permitted on the property.:
8. That no outdoor vending machines shall be permitted on the property.:
9. That 4-foot high street address numbers shall be displayed on the roof of the building in a color that
contrasts with the roof material. The numbers shall not be visible from the streets or adjacent.
properties. Said information shall be specifically shown on plans submitted for building permits.
10. Thaf there shall be no outdbor storage permitted on the premises.
11. That roof-mounted equipment shall be screened from view in accordance with the requirements of
Anaheim Municipal Code Section 18.38.170 pertaining fo the C-G (General Commercial) Zone. Said
information shall be specifically shown on plans submitted for building permits.
12. 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 gtafriti within twenty four (24)
hours from time of occurrence.
13. That the number of tenant spaces for this commercial retail center shall be limited to eight (8),
including the drive-through restaurant. Said information shall be specifically shown on plans submitted
for building permits.
14. That the design, size, and placement of'the wall signage and monument signage shall be limited to
thaEwhich is shown on the exhibits submitted by the applicant and approved by the Planning
Commission. Final sign plans shall be submitted to the Planning Services Division for review and
approval as tb placement, design and materials. Any decision by staff maybe appealed to the
Planning Commission as a "Reports and Recommendations" item.
15. That all new backflow equipment shall be located above grouhd and outside of the street setback area
in a manner fullyscreened from all public streets. Any backflowassemblies currehtlyinstalled in a
vault shall bebrought up td current standards.' Any other large water system equipment shall be
installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of
the street settiack area in a manner fully screened from all public streets and alleys: Said information
shall be specifically shown on plans and approved by the Water Engineering Department.
-3- PC2006-34
16. That all requests for new water services or fire lines, as well as any modifications, relocations, or
abandonment's of existing water services and fire lines, shall be coordinated through Water
Engineering Division of the Anaheim Public Utilities Department.
17. That since this project has a landscaping area exceeding 2,500 square feet, a separate irrigation meter
shall be installed in compliance with Chapter 10.19 of the Anaheim Municipal Code. Said.infor'mation
shall be specifically shown on plans submitted far building permits.
18. That all existing water services and fire lines shall conform to current Water Service Standards
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 water service is no longer needed.
The owner/developer shall be responsible for the costs to upgrade or to abandon any water service of
fire line.
19. That 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:
• Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas,
maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero
discharge" areas, and conserving natural areas.
• Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area
Management Plan.
• Incorporates Treatment Control BMPs as defined in DAMP.
• Describes the long-term operation and maintenance requirements for the Treatment Control BMPs.
• Identifies the entity that will be responsible for long-term operation and maintenance of the
Treatment Control BMPs, and describes the mechanism for funding the long-term operation and
maintenance of the Treatment Control BMPs,
20. That prior to issuance of a certificate of occupancy, the applicant shalli
• Demonstrate that all structural BMPs described in the Project WQMP have been constructed and
installed in conformance with approved plans and specifications.
• Demonstrate that the applicant is prepared td implement all non-structural BMPs described in the
Project WQMP
• Demonstrate that an adequate number of copies of the approved Projects WQMP are available
onsite.
• Submit for review and approval by the City an Operation and Maintenance Plan for all structural
BMPs.
21. That gates shall not be installed across any driveway or private street in a manner which may
adversely affect vehicular traffic in the adjacent public street. installation of any gates shall conform to
Engineering Standard Plan Nd. 609 and shall be subject to the review and approval by the Planning
Services Division.: Said information shall be specifically shown on plans submitted for building permits.
22. That the locations for future above-ground utility devices including; but not limited to, electrical
transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on
plans submitted for building permits. Plans shall also identify the specific screening treatments of each
device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.).
23. That any required relocation of City electrical facilities sfiall be at the developer's expense.
24. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
-4- PC2006-34
25. That plans shall be submitted to the Traffic and Transportation. manager for his review and approval
showing conformance with Engineering Standard No. 115 pertaining to sight distance visibility for the
monument sign and wall/fence location.
26. That plans shall be submitted to the Planning Services Division for review and .approval in
conformance with the current version of Engineering Standard Plan Nos. 436, and 470 pertaining to
parking standards and driveway location. Subject property shall thereupon be developed and
maintained in conformance with said plans..
27. That the drive-through lane shall be designed to meet the radius standards (minimum 16 feet interior
and 26 feet outer radius). Said information shall be specifically shown on plans submitted for building
permits.
28. That an on-site trash truck turn around area be provided per Engineering Standard Detail No. 476 and
as required by the Maintenance Divisions. Said information shall be specifically shown on plans
submitted for building permits.
29. That a plan sheet for solid waste storage, collection and a plan for recycling shall be submitted to the
Public Works Department, Streets and Sanitation Division for review and approval.
30. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works
Department and in accordance with approved plans on file with said Department. Said storage areas
shall be designed, located and screened sc as not to be readily identifiable from adjacent streets or
highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of
plant materials such as minimum one-gallon size clinging vines planted on maximum three-foot centers
or tall shrubbery. Said information shall be specifically shown on the plans submitted for building
permits...
31. That the project shall provide for truck deliveries on-site. Such information shall be specifically shown
on plans submitted for building permits.
32. That an Emergency Listing Card, Form ADP-281 shall be completed and submitted in a completed..
form to the Anaheim Po{ipe Department
33. That final elevation plans shall be submitted to the Planning Services Division for review by the
Planning Commission as a "Reports and Recommendations" item. Said plans shall be designed to
preclude the visibility of Interior storage for the individual tenants from Brookhurst Street.
34. 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.
35. That a final landscape plan shall be submitted to the Planning Services Division for review and
approval. Said plans depict a layered landscape design and shall specify minimum 24-inch bbz sized
trees, clinging vines along all perimeter block walls and a minimum four (4) foot wide square (excluding
curb) landscaped area shall be provided at the front end of every five (5) parking spaces. One tree
shall be provided in each planter. Any decision by staff may be appealed to the Planning Commission
as a "Reports and Recommendations" item.
36. That the subject property shall be developed substantially in accordance with the plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the
Planning Department Exhibit Nos. 1 through 12, and as conditioned herein.
-5- PC2006-34
37. 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, 9, 11, 14, 15, 17, 21, 25, 26, 27, 28, 29, 30, 31,
33, 34 and 35 above mentioned, 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.
38. That prior to issuance of a grading permit, or within a period of one (1) year from the date. of this
resolution, whichever occurs first, Condition No. 19 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.
39. That prior to final building and zoning inspections, Condition Nos. 20; 32 and 36, above mentioned,
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 Cade.
40. 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 ether 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 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 applicant is responsible for paying all charges related
to the processing of this discretionary case application within 15 days of the issuance of the final invoice or
prior to the issuance of building permits far 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
April 17, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution fn the event of an appeal.
(ORIGINAL SIGNED BY GAIL EASTMAN)
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
(ORIGINAL SIGNED BY MARIE WITKAY)
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-6- PC2006-34
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Marie Witkay, 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
April 17, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, KARAKI, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FLORES, VELASOUEZ
VACANT: COMMISSIONERS: ONE VACANCY
IN WITNESS WHEREOF, I have hereunto set my hand this day of
2006.
(ORIGINAL SIGNED BY MARIE WITKAY)
SENIOR SECRETARY. ANAHEIM PLANNING COMMISSION
7- PC2006-34
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Conditional Use Permit No. 2003-04685
TRACKING NO. CUP2006-05078
Requested By: CARLO JOHN LUGARO TRUST
590 North Magnolia Street
taoas
' ' ~; Subject Property
Date: May 15, 2006
Scate: 1" = 200'
Q.S. No. 26
Dale of Aerial Photo:
Julv 2005
Conditional Use Permit No. 2003-04685
TRACKING NO. CUP2006-05078
Requested By: CARLO JOHN t:UGARO TRUST
Subject Property
Date: May 15, 2006
Scale: 1" = 200'
Q.S. No. 26
590 North Magnolia Street
10046
Staff Report to the
Planning Commission
May 15, 2006
Item No. 2
2a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) (READVERTISED) (Motion)
2b. WAIVER OF CODE REQUIREMENT (Motion)
2c. CONDITIONAL USE PERMIT NO. 2003-04685. ' (Resolution).
(Tracking No. CUP2006-05078)
SITE LOCATION AND DESCRIPTION:
(1) This rectangularly-shaped 0.80-acre property is located at the southeast corner of Magnolia
and Crescent Avenues having frontages of 145 feet on the east side of Magnolia Avenue
and 222 feet on the south side of Crescent Avenue (590 North Magnolia Avenue)..
REQUEST:
(2) The applicant requests to modify exhibits and amend or delete conditions of approval to
modify apreviously-approved automobile car wash facility with accessory fast food
restauranFahd accessory retail sales, to permit a self serve car wash facility under the
authority of Code Sections 18.08.030.040 and 18.60:190.030 with waiver of the following:
SECTION NOS: 18.08.060.010 Minimum landscape setback
(15 foot wide landscape setback required
along Magnolia Avenue; 10=19 feet
proposed)
BACKGROUND:
(3) 'This property is vacant and is zoned C-G (General Commercial). The Anaheim General
Plan designates this. propetty antl property to the south for Corridor Residential land uses.
Properties to the north and east are designated for Low Density. Residential IandLses and:
properties to the west (across Magnolia Avenue) are designated for Medium Density.
Residential land uses::'
(4) This item was continued from the May T, 2006, Commission meeting, in order to
complete revisions to the plans and allow staff time to advertise a waiver for
minimum landscaped setback.
PREVIOUS ZONING ACTIONS:
(5) Conditiona(Use Permit No. 2003-04685 (to construcFan automobile car wash facility with
an accessory fast food restaurant and accessory retail sales) was approved by the :Planning
Commission on May 19, 2003. Resolution No. PC2003-93 adopted in connection with
Conditidnal Use Permit No. 2003-04685 included the following condition`.:
"38. That the subject 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 6, and as
conditioned herein:'
Sr-cup2003-04685jpr_sr~c051506 :
Page 1
code cod®
Dfrectlon Required/Proposed Required/Proposed
(Buildin :Setback Landsca a Setback i
North (adjacent to 15 feeU15 feet 15 feeU15-19 feet
Crescent)
South 0 feel /31 feet 0 feeU 3 feet
East 51 feet'/ 84 feet b feeUO feet
West (adjacent to 15 feeU34 feet
9 inches 15 feeW 0-19 feet
Magnolia) , (Requested waiver)
', 'Setback for structures within 150 feet of a residential zone boundary
Page 2
Staff Report to the
Planning Commission
May 15, 2006
Item No. 2
The site plan indicates the proposed car wash building. would. belocated at the north side of
the property adjacent to Crescent Avenue. A service kiosk would be located south'ahd east
of the car wash tunnePi Along the southerlyportion of the property, an open canopy would
be constructed for fourteen (14) vehicle cleaninglvacuuming stations for customers. '
(6) Vehicular access to the site woultl be via one (1) driveway from Crescent and Magnolia
Avenues, respectively. The revised site plan indicates a total oE5 parking spaces available.:
for employee parking based on b.9 spaces per employee per the originally approved facility.
(5 employees x 0.9 spaces = 4.5 spaces). As noted above, 14 vehicle cleaning stationsare
also provided on-site for customer use; however, these spaces'are not counted or required
'for on-site parking demand.
(9) The floor plans (Revision 1 of Exhibit No. 2) indicate the carwash building would have men's
and women's restrooms, storage and equipment areas and an approximately 2,500 square
foot carwash tunnel: The attendant kiosk would be used for customers to pay prior to
entering the tunnel.
(10) The elevation plans and color renderings (Revision No. 1 of Exhibit Nos. 3('4, 5, and Exhibif
Nos. 6 through 9) of the carwash'indicate a 15 to 27 foot high, single-storybuilding
containing;slate, stucco, corrugated and smooth metal finishes on the exterior elevations of
the building. EacRof the elevations would contaih off-white (Sherwin Williams) stucco
columns to frame the carwash tunnel structure and contain slate file (China Sea Green)
along the base of the building.'' The east antl west (facing Magnolia Avenue) elevations
include an overhead rolling steel door (painted to match the stucco). A corrugated metal
pahel system (painted Dunn Edwards "Beautiful Blue") would encase the Yemainder of the
elevation, and small metal canopies would cover the entrahce/exit into the carwash tunnel
(painted Sherwin Williams "Yellow Corn"). ;:The: south elevation (facing the interior of the
lot) would contain the dorrugated metal panel system (painted Dunn Edwards "Beautiful
Blue"); with stucco and slate materials to accent this elevation: Atop the equipment room,
an architectural feature is proposed to provide an added visual interest to the building and
soften the linear shape of the building as viewed from northbound vehicular traffic along
Magnolia Avenue. This elemeht would be a fin or wave like structure oonstNcted of a
smooth metal panel system paihted Dunn Edwards "Beautiful Blue" and Sherwin Williams
"Tropicana", to highlight the weve-like elements. This elevation would also contain a small
glass window (for the office) and utility entrances intothe equipment and storage rooms
(painted either Sherwin Williams "Tropicana" or "Off white" colors). The north elevation
(facing Crescent Avenue would contain aluminum framed glass windows for visibility into
the tuhnel washing area,as wellas a painted corrugated metal panel systemand decorative
metal screen (both painted Sherwin Williams'"Tropicana"): The decorative metal screen (as
seen in elevation and profile view below) would be affixed to the corrugated metal paneling
and provide added visual interest to the elevation. Staff observed that the'unique use of
architectural features in this building design' in not consistent with'the surrpunding retail or
residential buildings, which were built in the 1960s.
Page 3
i ~~-i
Painted metal
screen attached
to wall;
Staff Report to the
Planning Commission
May 15, 2006
Item No. 2
(11) The elevation plans further indicate that the kiosk building would consist of smooth metal
roof painted Sherwin Williams "Yellow Corn" and arcexterior metal corrugated siding
(painted Dunn Edwards."Beautiful Blue"); Likewise, the vacuumldrying area canopy would
have metal support posts painted Sherwin Williams "Off white" with a fabric canopy to
match Sherwin Williams "Yellow Corn:'
(12) No sighage was proposed as part of this request. Code allows the total aggregate area of
wall signs(s), including the area of awning signs orsimilar signs affixed to the building
elevation, to be a maximum of ten percent (10%) of the area of the face of the building to
which such sign(s) are attached or two hundred (200psquare feet; whichever isles. Signs
on the inside of windows of commercial buildings are allowed; provided' all such permanent
and temporary signs obscure no more than ten percent (10%) of the total window area
Staff has included a condition of approval requiring that a comprehensive sighprogram be
submitted to staff forYSView and approval prior to issuance of building permits associated.
with this Pequest.
(13) No roof plans were submitted with this request. The floor plan (Revision No: 1 of Exhibit
No. 2); indicates askylighfabove the carwash tunnel:. Code requires roof-mounted
mechanical equipment td be screened from view in any direction (360 degrees) from any.
public right-of-way; public property or any. adjacentproperty as may be seen from a point six
(6) feet abdve ground level oh such adjacent property; public property, or sidewalk on the
opposite side of the street. Code further requires that screening of equipment be an
integral part of the building design such that the screening method and materials are hot
recdgnizable asa screening device ahd thafthe materials are acceptable;permanent
building materials, the same as or similar to thosevsed in the construction bf the uhderlying
building. Staff has included a condition of approval Yequiring that all roof and ground
mounted equipment comply with the provisions indicated above;
(14) The landscape plan (Exhibit No. 10) reflects a 15-19-foot wide landscape setback area
along Crescent Avenue and a 10-19 foot landscape setback area along Magnolia Avenue.
Plans propose five (5) trees along Magnolia Avenue and nine: (9) trees along Crescent
Avenue, as wep as associated shrubbery and ground cover. Code requires one tree for
every 20 lineal feet of street frontage (7 trees on Magnolia Avenue, and 11?trees on
Crescent Avenue). A 5-foot wide planter area is proposed along the interior drive aisle
extending southerly from Crescent Avenue`: This planter area contains two; 6-foot high
masonry block walls that would provide a visual and sound attenuating barrier for the site.
A 3-foot wide planter area is proposed along the south property ine with assorted shrubs
and grountl cover and: a 3-8-foot high block wall. A small 2-foot wide planter area planted
with low shrubs is proposed along a portion of the building facing Magnolia Avenue. With
the exception of the requested waiver of landscape setback along Magnolia Avenue and the
number of trees within the setback areas (of which the applicant is aware and willing to
comply with Code as conditioned), the proposed landscaping complies with Code.
(15) The applicant has indicated that the carwash would operate with 3-4 attendants on a regular
basis, with a maximum of five at any one time. The'facility would be open daily from 7 a.m. '
to 7 p.m. The car wash operation would involve customers driving up to he kiosk
attendant for payment, then driving their own vehicle into the tunnel and stayingwithin the
vehicle during the washing and: drying cycle. Upon exiting the tunnel when the washing and
drying cycles are complete, the customer has the option to park within one of the
vacuuming stations and clean the interior of their vehicle under the fabric shade canopy: At
', no time would the attendants enter or operate customer vehicles on-site. Site maintenance
and operation would be conducted by the attendants: Attendants would be available to
assisUinstruct customers on the use of the facilities; maintain the property, and in the event.
Page 5
Staff Report to the
Planning Commission
May 15. 2006..:..
Item No. 2
of a maintenance. issue or if there is a large influx of vehicles, cdntrof the flow of customer
traffic to ensure smooth and safe operation: The applicant has irtdicated that the intent of
this facility is tb provide the luxury of washing vehicles with full service carwash equipment,
but with the convenience of driving through and paying a lesser price.
ENVIRONMENTAL IMPACT ANALYSIS:
(16) Staff has reviewed the proposal to modify exhibits and amend or delete conditions of
apprdval omodify apreviously-approved. autdmobile car wash facility with accessory fast.
food restaurant and accessory retaLsales, topermif a self serve car wash facility with.
waiver of minimum landscape setback; and does hereby find that the Negative Declaration.
previously approved in connection with the previously-approved automobile car wash facility
with. accessory fast fdod restauranfand accessory retail sales, inadequate td 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 thaFit 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 haven significanteffect on the
environment.
EVALUATION:
(17) Automobile washing facilities are permitted in the. C''-G zone subject to the approvalof a
= conddional use permd.
Staff Report to the
Planning Commission
May 15, 2006
Item No. 2
', car wash on-site and recommends approval of the request as conditioned; with the
associated waiver
,FINDINGS: '
(20) < When practical difficulties orUnnecessary hardships result from strict enforcement of the
Zoning Code, a modificationmay tie granted for thepurpdse of assuring that no property,
because of special ctrcumstances'applicable to it; shall tie deprived ofprivileges commonly
enjoyed by other properties in the same vicinity and zone.' The sole purpose of any waiver
is to prevenfdiscrimination and none shall tie apprdved which would have the effect of
granting: a special privilege not shared by other similar properties. Therefore; before any
- waiver is granted by the Commission; itshall be shown:
(a) `That there are special circumstances applicable td the property such as size,
shape; topdgraphy, location br surroundings; which do not apply tb other identically
zoned properties in the vicinity; and
(b) Thafstrict application'of the Zoning Code deprives the property of privileges.
enjdyed byotherprdpertiesunder identidal zoningblassification in thebicinity.
(21) Before the Commission grants any major modification to a conditional use permit, it must
make a finding of fact that the: evidence presented shows that all of the following conditions
exist:
(a) That the modification of use is properly one for which a conditional use permit is
authorized by the Zoning Code; dr is an unlisted use as defined'n Subsection .030
{Unlisted Uses Permitted) of Section 18.66.040 (Approval Authority);
(b) That the modification 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 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 the health'and safety;:
(d) That the traffic generated by the modified use will not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area; and
(e) That the granting of the`modificatidns under the conditions imposed will not be
detrimental to the health and safety of the citizens of the City of Ahaheim.
(22) 'Before the Commission grants any conditional use permit, if must make a finding of fact that
the evidence presented shows that all of the following conditions exist:
(a) That the use'is properly one for which a cohditional use permit is authorized by the
Zoning Code; or is an unlisted use as defined in Subsection x030 (Unlisted Uses
Permitted) of Section 18.66.040 (Apprdval Authority);'
(b) That the use will not adversely affect the adjoining land usesor the growth and
development of the area in whicF it is proposed tobe located;
Page 8
Staff Report to the
Planning Commission
May 15, 2006
Item No. 2
', (c) That the size and shape of the site for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particulararea or
to the health and safety;
', (d) That the traffic generated by the use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area; and
(e) That the granting of the conditional use permit under the conditions imposed, if any,.
will not be detrimental to the health and safety of the citizens of the City of Anaheim.
RECOMMENDATION:
(23) Staff recommends that, unless additional or contrary information is received during the
meeting, and based upon the evidence submitted to the Commission, including the
evidence presented in this staff report; .and oral and written evidence presented at the public
hearing, the Commission take the following actions: I
{a) By motion, determine the previously-approved Negative Declaration is adequate to
serve as the required ehvironmental documentation in connection with this request.
(b) By motion, approve waiver (a) pertaining to the minimum landscaped seffiack
adjacent to an arterial based on the findings set forth in paragraph 18bf this report.
(c) By resolution, approve an amendment to Conditional Use Permit No. 2003-04685 to
modify exhibits and amend or delete conditions of apprpval to modify a previously-
approved automobile car wash facility with accessory fast food restaurant and
accessory retail sales, to permit a self serve car wash facility by adopting the attached
resolution including the findings and conditions contained therein.
Page 9
[DRAFT]
RESOLUTION NO. PC2006--"'
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
AMENDING RESOLUTION NO. PC2003-073, ADOPTED IN CONNECTION WITH
CONDITIONAL USE PERMIT NO. 2003-04685.
(590 NORTH MAGNOLIA AVENUE)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditidnal
Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California,
described as:
PARCEL 1: THE NORTH 195.00 FEET OF THE WESTERLY 200.00 FEET OF THE
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP
4 SOUTH, RANGE 10 WEST,. IN THE RANCHO LOS. COYOTES, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID SECTION IS
SHOWN ON A MAP RECORDED. IN BOOK 51, PAGE 10, OF MISCELLANEOUS MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 2: THE NORTH 195.00 FEET OF THE WESTERLY 275.53 FEET OF THE
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP.
4 SOUTH, RANGE 10 WEST, SAN BERNADINO BASE AND MEREDIAN, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE O'F CALIFORNIA, AS SHOWN ON A MAP
THEREOF RECORDED IN BOOK 49, PAGE 50, RECORDS OF SURVEY IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY...
EXCEPTING THEREFROM THE WESTERLY 200 FEET THEREOF
WHEREAS, on May 19, 2003, the Planning Commission approved Conditional Use Permit
No. 2003-04685 (to construct an automobile car wash facility with an accessory fast food restaurant and
accessory retail sales) and adopted Resolution No. PC2003-93 in connection therewith; and
WHEREAS the applicant has requested to amend said conditional use permit including the
exhibits and conditions associated therewith in order to construct a self serve car wash facility without the
previously-approved fast food: use and accessory retail. area; and ,
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on May 15, 2006 at 2:30 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 that said public hearing was continued
frpm the May 1, 2006 Planning Commission,meeting; 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:
L That the proposal to modify exhibits and amend or delete conditions of approval to
modify apreviously-approved automobile car wash facility with accessory fast food restaurant and accessory
retail sales, to permit a self serve car wash facility is properly one for which a conditional use permit is
authorized under the authority of Code Sections 18.08.030:040.0402 and 18.60.190.030 with waiver of the
following:
Cr\PC2006-0 -1- PC2006-
SECTION NOS. 18.08.060.010 Minimum landscape setback 15 foot wide
setback required along Magnolia Avenue; 10-
19 feet proposed)
2. That the above-mentioned waiver is hereby approved since there are special circumstances
applicable to the property in that the project site is located on two separate legal parcels, thereby limiting the
ability to move proposed structures, which does not apply to other identically zoned properties, in the vicinity,
and that strict application of the Zoning Code deprives the property of privileges enjoyed by other properties
under identical zoning classification in the vicinity as the property immediately to the south has identical
zoning classification and has no landscaped setback aldng Magnolia Avenue.
3. That the use and modifications will not adversely affect the adjoining land uses or the growth
and development of the area in which it is proposed to be located as the site can accommodate the
proposed use;
4. That the granting bf the conditional use permit and modifications under the conditions
imposed, will not be detrimental to the health and safety of the citizens bf the City of Anaheim because
except for the one requested waiver which can be justified; all aspects of the project complies with code.
5. That the traffic generated by the modified use will not impose an undue burden upon the
streets and highways designed and improved td carry the traffic' ih the area because code required parking is
provided on-site and the modifications are not anticipated to generate eny additional traffic beyond what was
previously-approved:
6. That "` indicated their presence at said public hearing in opposition; and that rio
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to modify exhibits and amend or delete conditions of approval to
permit a self serve car wash facility witfi waiver of minimum landscape setback; and does hereby find that
the Negative Declaration previously approved in connection with the previously-approved automobile car
wash facility with accessory fast food restauraht and accessory retail sales, 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 nb substantial evidence that the project will have a
significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commissidn does
hereby grant subject Petition for Conditional Use Permit, amending Conditional Use Permit No. 2003-04fi85,
and incorporating the conditions of apprdval dontained in Resolution No. PC2003-73 into a new resolution
with 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 any public telephones proposed on-site shall be located inside the convenience market and/or fast
food restaurant.
2. That no storage, display or sales of any merchandise or fixtures shall be permitted outside the building
3: That the hours of bperatioh bf the carwash facility shall be from 7 a.m. to 7 p.m:, daily.
4. That the vacuum and dryer equipment shall be entirely enclosed in the equipment room and that the
doors to the equipment room shall be solid core construction and equipped with self-closing devices.
Said information shall be specifically shown on the plans submitted for building permits.
-2- PC2006-
5. That no public address and/or paging systems shall be used which are audible to adjacent residential
properties.
6. That any parking lot or security lighting shall be decorative, low intensity, and directed away from
.adjacent residential properties. Said information shall be specifically shown on the plans submitted for
building permits.
7. That no banners or other advertising visible to adjacent streets shall be displayed unless special events
permits are first obtained.
8. .That all air conditioning facilities and other roof and ground mounted equipment shall be properly
shielded from view and sound buffered from adjacent residential properties. Said information shall be
specifically shown on the plans submitted for building permits.
9. That sound pressure level field measurements of the carwash shall be taken on site prior to
commencing operation of the carwash to ensure compliance with Chapter 6.70 (Sound Pressure
Levels) of the Anaheim Municipal Code. That the carwash shall thereafter operate in compliance with
Chapter 6.70 pertaining to sound pressure levels.
10. That four (4) foot high address numbers shall be displayed on the building roof in a contrasting color to the
roof material. The numbers shall not be visible to the adjacent streets or properties. Said information shall
be specifically shown on the plans submitted for building permits..
11. That all trash shall be properly contained in trash bins contained within approved trash enclosures. The
number of bins shall be adequate and the trash pick-up shall be as frequent as necessary to ensure the
sanitary handling and timely removal of refuse from the property. The Code Enforcement Division of
the Planning Department shall determine the need for additional bins or additional pick-up. All costs for
increasing the number of bins or frequency of pick-up shall be paid for by the business owner.
12. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public:
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with
said Department. Said storage area(s) shall be designed, located and screened so as not to be readily
identifiable from adjacent streets or highways. The walls of the storage area(s) shall be protected from
graffiti opportunities by the use of plants such as minimum one (1) gallon sized clinging vines planted on
maximum three (3) foot centers or tall shrubbery. Said information shall be specifically shown on the
plans submitted for building permits.
13. That an on-site trash truck turn-around area shall be provided in accordance with Engineering Standard
Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets and
Sanitation Division. Said turn-around area shall be specifically shown on the plans submitted for
building permits.
14. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to
the Public Works Department, Streets and Sanitation Division, for review and approval
15. That a final landscaping and irrigation plan for subject property shall be submitted to the Zoning Division
for review and approval. All trees shall be minimum twenty four (24) inch box sized.. Any decision
made by the Planning Services Division regarding said plan may be appealed to the Planning
Commission for consideration as a'Reports and Recommendations' item. All trees shall be properly
and professionally maintained to ensure mature, healthy growth and shall not be unreasonably trimmed.
Said plan shall include the following:
• That an additional two (2) evergreen trees (minimum twenty-four (24) inch box sized or eight to
twelve (5-12) feet minimum 8TH) shall be planted within the required street setbacks along both
Crescent Avenue and Magnolia Avenue.
-3- PC2006-
e That on Magnolia Avenue, the existing palm tree in the tree well located in front of the subject
property shall be removed and replaced with one (1 ), twenty-four (24) inch box sized, Stenocarpus
sinuatus (Firewheel tree) planted in accordance with City standards.
e That on Crescent Avenue, the existing palm trees in the two (2) western most tree wells located in
front of the subject property shall be removed and replaced with two (2), twenty four (24) inch box
sized Cercis candensis (Eastern Redbud tree) planted in accordance with City standards.
16. That on-site landscaping including trees shall be maintained in a healthy condition. In the event the
landscaping become damaged, diseased or dies, it shall be replaced in a timely manner.
17. 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.
18. That a final comprehensive sign plan shall be submitted tp the Planning Services Division for review
and approval. Any decision by the Planning Services Division maybe appealed to the Planning
Commission as a 'Reports and Recommendations' item. Said plan shall include the following:
a That carwash instructional signage shall be oriented to ensure visibility to on-site customers only.
19. That as required by the Public Works Department, Streets and Sanitation Division, all necessary
National Pollution Discharge and Elimination System ("NPDES") permits shall be obtained.
20. That the legal owner of the subject property shall provide the City of Anaheim with a six (6) foot wide
public utilities easement along/across high voltage lines, low voltage lines crossing private property and
around all pad-mounted transformers, switches, capacitors, etc. Said easement shall be submitted prior
to connection of electrical servicei
21. The street lights shall be installed on Magnolia Avenue and Crescent Avenues as required by the
Electrical Engineering Division. The street lights shall be installed prior to issuance of a certificate of
occupancy. A bond to guarantee installation of said improvements shall be posted with the City in an
amount approved by the City Engineer and in a form approved by the City Attorney:
22. That any required relocation df City electrical facilities shall be at the developer's expense: Landscape
andlor hardscape screening of all pad-mounted equipment shall be required and shall be shown on the
plans submitted for building permits.
23. That the locations for future above-ground utility devices including, but not limited to, electrical
transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on
the plans submitted for building permits. The plans shall also identify the specific screening treatment
of each device (i.e., landscape screening, color of walls, materials, identifiers, access points, etc.), and
shall be subject to review and approval by the appropriate City departments.
24. That all backflow equipment shall be located above ground outside the street setback area in a manner
fully screened from all public streets. Any backflow assemblies currently installed in a vault shall be
brought up to current standards. Any other large water system equipment shall be installed to the
satisfaction df the Water Engineering Division in either underground vaults or outside the street setback
areas in a manner fully screened from alf public streets and alleys. Said information shall be shown on
plans submitted to the Water Engineering and Cross Connection Control Inspector for review and
approval prior to submittal for building permits.
25. That because this project has landscaping areas exceeding two thousand five (2,500) square feet, a
separate irrigation meter shall be installed and shall comply with Chapter 10.19 (Landscape Water
Efficiency) of the Anaheim Municipal Code and Ordinance No. 5349. Said information shall be shown
on the plans submitted for building permits.
-4- PC2006-
26. That all requests for new water services or fire lines, as well as any modifications, relocations, or
abandonment of existing water services and fire lines, shall be coordinated through Water Engineering
Division of the Anaheim Public Utilities Department
27. That all existing water services and fire lines shall conform to current Water Services Standards and:
Specifications. Any water service and/or fire line that does not meet current standards shall be
upgraded if necessary or abandoned if the existing service is no longer needed. The ownerldeveloper
shall be responsible for the costs to upgrade or abandon any water service or fire line.
28. That plans shall be submitted to the Planning Services Division for review and approval to show
conformance with the current versions of Engineering Standard Plan Nos. 436 and 6011602 pertaining to
parking standards and driveway location. Subject property shall thereupon be developed and maintained in
conformance with said plans.
29. That the canvash shall comply with all state laws and local ordinances for water conservation measures.
Voluntary water conservation strategies shall be encouraged.
30. That the driveways on Magnolia Avenue and Crescent Street shall be constructed with ten (10) foot radius
curb returns as required by the City Engineer in conformance with Engineering Standard No. 137. Said
information shall be specifically shown on the plans submitted for building permits.
31. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval to
show conformance with the current version of Engineering Standard Plan No. 137 pertaining to sight
distance visibility for the new monument sign location.
32. That the owner/developer shall complete the Burglary/Robbery Alarm permit application, Form APD 516, as
required by the Police Department.
33. That prior to issuance of a building permit or grading plan approval, whichever occurs first, the
developer shall submit a Water Quality Management Plan specifically identifying post construction best
management practices that shall be used on-site to control predictable pollutants from storm water
runoff. The Water Quality Management Plan shall be submitted to the Public Works Department,
Development Services Division for review and approval
34. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Revision 1 of Exhibit Nos. 1 through 5, and Exhibit Nos. 6 through 9, and as
conditioned herein.
35. 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, 6, 8, 10, 12, 13, 14, 15, 18, 19, 22, 23, 24, 25, 28, 30, 31 and 33,
herein-mentioned, 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.
36. That prior to final building and zoning inspections, Condition Nos. 9, 21, 27, 32 and 34,
above-mentioned, shall be complied with.
37. That approval of this application 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 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 Planning Commission does hereby find and
determine that adpption 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
-5- PC2006-
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 applicant is responsible for paying all charges related
to the processing of this discretionary case application within 15 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
May 15, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeal
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 May 15, 2006, 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
2006.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-6- PC2006-
Attachment -Item No. 2
PETITIONER'S STATEMENT OF
7USTIFICATION FOR VARIANCE/CODE WAIVER
(NOT REQUIRED FOR PARKING WAIVER)
REQUEST FOR WAIVER OF CODE SECTION:
PERTAINING TO:
CA
is required for each Code
Sections 18.03.040.030 and ] 8.12.060 of the Anaheim Municipal Code require that before anyvariance or Cade 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 classificaticn in the vicinity.
In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to
arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully
and as completely as possible: If you need additional space, you may attach additional pages.
Are there special circumstances that apply to the property in matters such as size, shape, topography, location or
surroundings? ~ Yes _ No.
If your answer is "Yes," describe the special circumstances:
2. Are the special circumstances that apply to the property different from other properties in the vicinity which are in the
same zone as your property? ,~ Yes _ No
If your answer is "yes," describe how the property is different: ~-C ~ ~D ~o Nor
l--t'on>r. 1St Cca' '~Pa-)2 d"-1-' c o ill./ O t
Do the special circumstances applicable to the property deprive is of privileges currently enjoyed by neighboring
properties located within the same zone? ~Yes_No
If your answer if "yes;' describe the special
4. Wert: the special circumstances created by causes beyond the control of the property owner (or previous property
owners)? ~7/'r Yes _ No
The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shoo oe
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 othe expressly au rued by zone regulations governing subject property. Use variances are not permitted.
- 5 06
Sigrtature of Prope wne or Author ed Agent ate
~~
77625tDECEMBER 12, 2000
CONDITIONAL USE PERMITNARIANCE NO.
lustifiwtion Waivcr. dot
Attachment -Item No. 2
RESOLUTION NO. PC2003-73
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04685 8E 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 1: THE NORTH 195.00 FEET OF THE WESTERLY 200.00 FEET OF
THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7,
TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES; IN
THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
SAID SECTION IS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10, OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
PARCEL 2: THE NORTH 195.00 FEET OF THE WESTERLY 275.53 FEET OF
THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7;
TOWNSHIP 4 SOUTH, RANGE 10 WEST,. SAN BERNADINO BASE AND
MEREDIAN, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE. OF
CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 49, PAGE
50, RECORDS OF SURVEY IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY..
EXCEPTING THEREFROM THE WESTERLY 200 FEET THEREOF.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on May 5, 2003 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 that said public hearing was
continued to the May 19, 2003 Planning Commission meeting; 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 18.44.050.080 to wit: to construct an automobile car wash facility with
an accessory fast food restaurant and accessory retail sales.
2. 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.
3. That granting this Conditional Use Permit, under the conditions imposed, will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
4. That the proposed use, under the conditions imposed, will not adversely affect the
adjoining land uses and the growth and development of the area in which it will be located, as
demonstrated by the acoustical analysis submitted by the petitioner and the property's:proximity to other
similar commercial uses
cr\PC2003-073.doc -1- PC2003-73
5. That the size and shape of the site for the proposed use is adequate to allow full _ ..
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safety and general welfare.
6. That one person spoke at the public hearing in opposition to the proposal with concerns
regarding traffic; and that no correspondence in opposition was received.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to construct an automobile car wash facility with an accessory fast
food restaurant and accessory retail sales on two separate parcels located at the southeast corner of
Crescent Avenue and Magnolia Avenue, and more specifically described as follows: Parcel 1 - a
rectangularly-shaped 0.49-acre property located at the southeast comer of Crescent and Magnolia Avenues,
having frontages of 147 feet of frontage on the south side of Crescent Avenue and 150 feet on the east side
of Magnolia Avenue, and further described as 590 North Magnolia Avenue, and Parcel 2 - an irregularly-
shaped 4:05-acre property located'south and east of the southeast corner of Crescent and Magnolia
Avenues, having frontages of 77 feet on the south side of Crescent Avenue and 730 feet on the east side of
Magnolia Avenue, having a maximum depth of 1380 feet, and further described as 510-542 North Magnolia
Avenue; 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 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 any public telephones proposed on-site shall be located inside the convenience market and/or
fast food restaurant:
2. That no storage, display or sales of any merchandise or fixtures shall be permitted outside the
building.
3. That the hours of operation of the canvash facility shall be from 8 a.m. to 6 p.m., daily; and
The restaurant hours of operation shall be from 10 a.m. to 10 p.m., daily.
4. That air compressor hoses shall not be used to dry cars:
5. That the vacuum and dryer equipment shall be entirely enclosed in the equipment room; and that
the doors to the equipment room shall be solid core construction and equipped with self-closing
devices. Said information shall be specifically shown on the plans submitted far building permits.
6. That no public address and/or paging systems shall be used which are audible to adjacent
residential properties.
7. That any parking lot or security lighting shall be decorative, low intensity, and directed away from
adjacent residential properties. Said information shall be specifically shown on the plans submitted
for building permits.
8. That no banners or other advertising visible to adjacent streets shall be displayed unless special
events permits are first obtained.
9. That all air conditioning facilities and other roof and ground mounted equipment shall be properly
shielded from view and sound buffered from adjacent residential properties. Said information shall
6e specifically shown on the plans submitted for building permits.
-2- PC2003-73
10. That sound pressure level field measurements of the carwash shall be taken on site prior to
commencing operation of the carwash to ensure compliance with Chapter 6.70 (Sound Pressure
Levels) of the Anaheim Municipal Code. That the carwash shall thereafter operate in compliance
with Chapter 6.70 pertaining to sound pressure levels.
11. That four (4) foot high address numbers shall be displayed on the building roof in a contrasting color to
the roof material. The numbers shall not be visible to the adjacent streets or properties. Said
information shall be specifically shown on the plans submitted for building permits.
12. That all trash shall be properly contained in trash bins contained within approved trash enclosures.
The number of bins shall be adequate and the trash pick-up shall be as frequent as necessary to
ensure the sanitary handling and timely removal of refuse from the property. The Code Enforcement
Division of the Planning Department shall determine the need for additional bins or additional pick-
up. All costs far increasing the number of bins or frequency of pick-up shall be paid for by the.
business owner.
13. That trash storage area{s) shall be provided and maintained in location(s) acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file
with said Department. Said storage area(s) shall be designed, located and screened so as not to be
readily identifiable from adjacent streets or highways. The walls of the storage area(s) shall be
protected from graffiti opportunities by the use of plants such as minimum one {1) gallon sized
clinging vines planted on maximum three (3) foot centers or tall shrubbery. Said information shall be
specifically shown on the plans submitted for building permits:
14. That an on-site trash truck tum-around area shall be provided in accordance with Engineering.
Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets
and Sanitation Division. Said tum-around area shall be specifically shown on the plans submitted for
building permits.
15. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to
the Public Works Department, Streets and Sanitation Division, for review and approval,
16. That a final landscaping .and irrigation plan for subject property shall be submitted to the Zoning
Division for review and approval. All trees shall be minimum twenty four (24) inch box sized. Any
decision made by the Zoning Division regarding said plan may be appealed to the Planning
Commission for consideration as a'Reports and Recommendations' item. All trees shall be properly
and professionally maintained to ensure mature, healthy growth and shall not be unreasonably
trimmed. Said plan shall include the following:.
e That an additional eleven (11) evergreen trees (minimum twenty four (24) inch box sized or eight
to twelve (8-12) feet minimum 8TH) shall be planted within the required street setbacks along
Crescent Avenue and Magnolia Avenue.
o That the benned areas within the landscaped setbacks shall be planted with shrubs to provide
adequate screening from vehicular traffic on Crescent Avenue and Magnolia Avenue.
e That on Magnolia Avenue, the existing palm tree in the tree well located in front of the subject
property shall be removed and replaced with one (1), twenty four (24) inch box sized,
Stenocarpus sinuatus (Firewheel tree) planted in accordance with City standards.
That on Crescent Avenue, the existing palm trees in the two (2) western most tree wells located
in front of the subject properly shall be removed and replaced with two (2), twenty four (24) inch
box sized Cercis candensis (Eastern Redbud tree) planted in accordance with City standards.
17: That on-site landscaping including trees shall be maintained in a healthy condition: In the event the
landscaping become damaged, diseased or dies, it shall be replaced in a timely manner.
-3- PC2003-73
18. 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.
19. That a final comprehensive sign plan shall be submitted to the Zoning Division for review and
approval. Any decision by the Zoning Division may be appealed to the Planning Commission as a
'Reports and Recommendations' item. Said plan shall include the following:
• That carwash instructional signage shall be oriented to ensure visibility to on-site customers only.
• That signage shall be limited to that shown on the exhibits submitted by the petitioner, and as
conditioned herein.
• That the background of the proposed monument sign shall be opaque, allowing only the sign lettering
and address numbering to be illuminated.
20. That as required by the Public Works Department, Streets and Sanitation Division, all necessary
National Pollution Discharge and Elimination System ("NPDES") permits shall be obtained.-
21. That a certificate of compliance for Parcel 1 and 2 shall be submitted to the Public Works
Department, Development Services Division, for review and approval
22. That if it is determined the project is located on two (2) separate legal parcels, the legal property
owner shall submit an application for a lot line adjustment or shall submit an unsubordinated
covenant to hold the two (2) parcels for the development as a single parcel, in a form satisfactory to
the City Attorney, and which covenant shall be recorded with the Office of the Orange County
Recorder. A copy of the recorded covenant shall then be submitted to the Zoning Division.
Provisions shall be made in the covenant to guarantee that the entire complex shall be managed
and maintained as one (1) integral parcel for purposes of parking, vehicular circulation, signage,
maintenance, land usage and architectural control; and that the covenant shall be referenced in all
deeds transferring all or any part of the interest in the property.
23. That the legal owner of the subject property shall provide the City of Anaheim with a six (6) foot wide
public utilities easement along/across high voltage lines, low voltage lines crossing private property
and around all pad-mounted transformers, switches, capacitors, etc. Said easement shall be
submitted prior to connection of electrical service.
24. The street lights shall be installed on Magnolia Avenue and Crescent Avenues as required by the
Electrical Engineering Division. The streetlights shall be installed prior to issuance of a certificate of
occupancy. A' bond to guarantee installation of said improvements shall be posted with the City in
an amount approved by the City Engineer and in a form approved by the City Attomey.
25. That any required relocation of City electrical facilities shall be at the developer's expense.
Landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall be
shown on the plans submitted far building permits.
26. That the locations for future above-ground utility devices including, but not limited to, electrical
transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown
on the plans submitted for building permits. The plans shall also identify the specific screening
treatment of each device (i.e., landscape screening, color of walls, materials, identifiers, access
points, etc.), and shall be subject to review and approval by the appropriate City departments.
27. That all backflow equipment shall be located above ground outside the street setback area in a
manner fully screened from all public streets. Any backflow assemblies curently installed in a vault
shall be brought up to current standards. Any other large water system equipment shall be installed
to the satisfaction of the Water Engineering Division in either underground vaults or outside the
street setback areas in a manner fully screened from all public streets and alleys. Said information
-4- PC2003-73
shall be shown on plans submitted to the Water Engineering and Cross Connection Control
Inspector for review and approval prior to submittal for building permits.
28. That because this project has landscaping areas exceeding two thousand five (2,500) square feet, a
separate irrigation meter shall be installed and shall comply with Chapter 10.19 (Landscape Water
Efficiency) of the Anaheim Municipal Code and Ordinance No. 5349. Said information shall be `
shown on the plans submitted for building permits.
29. That all requests for new water services or fire lines, as well as any modifications, relocations, or
abandonment of existing water services and fire lines, shall be coordinated through Water.
Engineering Division of the Anaheim Public Utilities Department
30. That all existing water services and fire lines shall conform to current Water Services Standards and
Specifications. Any water service andlor fire line that does not meet current standards shall be
upgraded if necessary or abandoned if the existing service is no longer needed. The
owner/developer shall be responsible for the costs to upgrade or abandon any water service or fire
line.
31. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval to
show conformance with the current versions of Engineering Standard Plan Nos. 436 and 601/602
pertaining to parking standards and driveway location. Subject property shall thereupon be developed
and maintained in conformance with said plans.
32. That the canvash shall comply with all state laws and local ordinances for water conservation measures.
Voluntary water conservation strategies shall be encouraged.
33. That the driveways on Magnolia Avenue and Crescent Street shall be constructed with ten (10) foot
radius curb returns as required by the City Engineer in conformance with Engineering Standard No. 137.
Said information shall be specifically shown on the plans submitted for building permits.
34. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval to
show conformance with the current version of Engineering Standard Plan No. 137 pertaining to sight
distance visibility far the new monument sign location.
35. That the ownerldeveloper shall complete the Burglary/Robbery Alarm permit application, Form APD 516,
as required by the Police Department.
36. That the legal property owner shall submit a letter to the Zoning Division requesting tenninatlon of
Conditional Use Permit No. 1254 (permitting on-sale sale of beer and wine in an existing delicatessen-
restaurant).
37. That prior to commencing operation of this new business, a valid business license shall be obtained from
the Business License Division of the Planning Department.
38. 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 6, and as conditioned herein.
39. 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: 5, 7, 9, 11, 13, 14, 15, 16, 19, 20, 21, 22, 23, 24, 25,
26, 27, 28, 31, 33, 34, 36 and 42, herein-mentioned, shall be complied with. Extensions far further time
to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim
Municipal Code.
40. That prior to final building and zoning inspections, Condition Nos. 10, 35, 37 and 38,
above-mentioned, shall be complied with.
-5- PC2003-73
41. 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 Ciry, 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.
42. That prior to issuance of a building permit or grading plan approval, whichever occurs firs[, the
developer shall submit a Water Quality Management Plan specifcally identifying post construction
best management practices that shall be used on-site to control predictable pollutants from storm
water runoff. The Water Quality Management Plan shall be submitted to the Public Works
Department, Development Services Division for review and approval
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
May 19, 2003.
CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Ciry Planning
Commission held on May 19, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, ROMERO,
VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this day of
, 2003.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-6- PC2003-73
Item No. 3
DA 2
RCL 65-66-24 (29)
RCL 65-66-13 ~ . .
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UJ SP 94-1 (SC) VAR 2078 I- DA 2
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~ RCL 65-66-13 CORPORATE CENTER O CUP 2004-04945
F- CUP 3325
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~ VAR 3838 FIRMS ~ VAR 4133
Y VAR 2870 ~p VAR 2878
(CUP 2003-04793)
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ALL PROPERTIES ARE IN THE SCENIC CORRIDOR (SC) OVERLAY ZONE.
Conditional Use Permit No. 2006-05069 `' Subject Property
Date: May 15, 2006
Scale: 1" = 200'
Requested By: PUBLIC STORAGE EURO PARTNERSHIP Q.S. No. 166
4880 East La Palma Avenue tooos
Staff Report to the
Planning Commission
May 15, 2006.
Item No. 3
3a. CEQA NEGATIVE DECLARATION (Motion for continuance)
3b. WAIVER OF CODE REQUIREMENT
3c. CONDITIONAL USE PERMIT NO. 2006-050fi9
SITE LOCATION AND DESCRIPTION:
(1) This rectangularly-shaped 3.5-acre property has a frontage of 340 feet on the south side of
La Palma Avenue, a maximum depth of 453 feet., and is located 115 feet west of the
centerline of Manassero Street (4880 East La Palma Avenue- Public Storage).
REQUEST:
(2) The applicant requests approval of a conditional use permit under authority of Code Section.
Nos. 18.120.070.050.0537 and 18.120.070.080.0801 to construct alive-story self storage
building with building heights exceeding 60 feet with waiver of the following:
(a) SECTION NO. 18.120.080.0803 Maximum floor area ratio (FAR)
0.5 permitted; 1_1 proposed)
(b) SECTION NO. 18.120.070.10p.1001 Maximum fence height
L feet permitted; 6 feet proposed)
BACKGROUND:-
(3) This item was cdntinued from the March 20, April 17; and May 1, 2006, Commission
meeting to allow the applicant time to complete revisions to the proposed addition to
the existing self storage facility.
(4) The property is developed with an existing self storage facility and is zoned SP94-1(DA2)
(SC) (Northeast Industrial Area, Development Area 2 (Expanded Industrial Area), Scenic
Corridor Overlay): The Anaheim General Plan designates this property for Office-Low land
uses. Surrounding properties td the north (across La Palma Avenue) are designated for
Industrial land uses, to the east and west for Office-Low land uses and to the south for
Open Space-Water uses.
(5) The applicant, Dean Grobbelaar, has submitted the attached letter dated, May 10, 2006,.
requesting a continuance to the June 12, 2006, Commission meeting in order to meet with
City staff on the proposed plan.
RECOMMENDATION:
(6) That the Commission, by motion, continue this item to the June 12, 2006, Planning
Commission meeting.
SR-CUP2006-05069(con't-5-15-06-06)jkn :
Page 1
fi Ie:///H ~/CAS ES/Condi ti onal%20Use^I,ZOPermi UC uP2oi)6-05069151506"la20mcuti ng-conULTR-continued-C U P2006-05069. tx t
Attachment -Item No. 3
From: Dean [dean@pacificplanninggroup.com]
Sent: Wednesday, May 10, 2006 12:04 PM
To: Jessica Nixo^
Cc: nhattenburg@publicstorage.com; karen@pacificplanninggroup.com
Subject: FW: Public Storage - La Palma Ave
Iessica,
As of 05/10/06 please accept this email as a formal request for a Planning Commission continuance
from 05/15/06 to 06/12/06.
Thanks
Dean
file:N/H~/CASES/Conditionalr7a20Use%20Permi000P2006-05069/51506r7o20meeting-conULTR-continued-CUP2006-05069.txt5/10/20067:5031 AM
Item No_ 4
RS-A-03,000)
T-CUP 2001-04459
T-CUP 2001-04437
RCL 82-63-28
CUP 4161 ® ® ® m
CUP 527
MOBILE HOME
PARK
T CL 62-63-1
RCL 86-67-35 RCL 56-57-7
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VAR 3117 -
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READVERTISED
Conditional Use Permit No. 2005-05060
Requested By: PIETRO T. TROZZI
3242 West Lincoln Avenue - Maria's Pizzeria and Billiards
' ` Subject Property
Date: May 15, 2006
Scale: 1" = 200'
Q.S. No. 5
10056
Staff Report to the
Planning Commission
May 15, 2006
Item No. 4
4a. CEQA NEGATIVE DECLARATION (READVERTISED) (Motion for continuance) '
4b. WAIVER OF CODE REQUIREMENT
4c. CONDITIONAL USE PERMIT NO. 2005-05060
4d. DETERMINATION OF PUBLIC CONVENIENCE OR
NECESSITY NO. 2005-00024
SITE LOCATION AND DESCRIPTION:
(1) This irregularly-shaped, 1.5-acre property is located east and south of the southeast corner
of Westchester Drive and Lincoln Avenue, with a frontage of 136 feet on the south side of
Lincoln Avenue and a frontage of 187 feet on the east side of Westchester Drive (3242 West
Lincoln Avenue - Maria's'Pizzeria and Billiards).
REQUEST:
(2) The applicant requests approval of the Following:
{aj Conditional Use Permit No. 2005-05060 td permit a billiard facility and on-premises sale
and consumption of beer and wine in conjunction with afull-service restauranfunder
authority of Code Section No. 18:08.030.040 with waiver of:
SECTION NO. 18:42.040.010 Minimum number of parking spaces
(114 required; 102 existing and
recommended by staff)
(b) Determination of Public Convenience or Necessity No: 2005-00024 to permit the retail
sales of beer and wine for on-premises consumption in conjunction with a fulFservice
restaurant. (This item has been withdrawn since this determinatiori is made by ABC in
conjunction with a Type 41 (restaurant) license).
BACKGROUND:
(3) This property is developed with a 13-unit commercial retail shopping center and is zoned
C-G (General Commercial).. The Anaheim General Plan designates this property for Low-
Medium Density Residential land uses. The Anaheim General Plan further designates
properties in all directions for Medium Density Residential land uses.. This property is
located within the Merged Redevelopment Area
(4) This item was continued from the February 6, March 20, April 17,2006, and May 1,
2006, Planning Commission meetings to allow the applicant to redesign the floor
plan. The agent, Rick Solberg, has submitted the attached letter dated, May 4, 2006,
requesting a further continuance to the May 31, 2006, Commission meeting to revise
floor plans.
RECOMMENDATION:
(5) That the Commission, by motion, continue this item to the May 31, 2006, Planning
Cbmmissidn meeting.
Srcup2005-D5060klwcont5106.doc
Page 1
Attachment -Item No. 4
5/4/06
Kim wong
Project Planner
City of Anaheim
RE: 3242 Lincoln Ave.
Kim, we request that our CUP 2005-0506 submittal be continued from the May
15 meeting and be placed on the agen r the May 31 meeting .
Thank you for foci ' tin s reque .
Sincerely,
Rick So berg
Item No. 5
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Conditional Use Permit No. 2006-05070 ~ Subject Property
Date: May 15, 2006
Scale: 1" = 200'
Requested By: BALL EUCLID Pt.AZA, LLC Q.S. No. 48
1717-1723 West Ball Road 1op1s
BEACON AVE
Staff Report to the
Planning Commission
May 15, 2006
Item No. 5
5a. CEQA CATEGORICAL EXEMPTION -CLASS 1
5b. CONDITIONAL USE PERMIT NO. 2006-05070 (Request for withdrawal)
SITE LOCATION AND DESCRIPTION:
(1) This 7.3-acre, rectangularly-shaped property is located at the nortFiwest corner of Ball Road
and Euclid Street with frontages of 416 feet on the north side of Ball Road and 740 feet on
the west side of Euclid Sheet (1717-1723 West Ball Road).
REQUEST:
(2) The applidant requests approval of a conditional use permit under authority of Code
Section No. 18.08.030.040.0402 to permit the division of a retail unit into three (3) units and
establish land use conformity for an existing commercial retail center,
BACKGROUND:
(3) This property is developed with anon-conforming commercial retail center and is zoned
C-G (General Commercial). The Anaheim General Plan designates this property for
', Neighborhood Commercial land uses. Surrounding properties to the north (across Beacon
Avenue), south (across Ball Road). and. east (across Euclid Street) are also designated for
Neighborhood Commercial land uses, and to the west for Medium Density Residential land
uses.
(4) This item was continued from the April 3, 2006, Planning Commission meeting in order for
the applicant to workwith the property owner to upgrade the commercial retail center. The
applicant has submitted the attached letter dated, May 3, 2006 requesting a withdrawal of
this request because the property owner has secured a lease with the existing tenant and
will not need to subdivide the tenant space:
RECOMMENDATION:
(5) That the Commissiod, by motion, withdraw this item, as requested by the applicant
SR-CU P2006-05070 (withd rawal)a kv
Page 1
Attachment • Item No. 5
ARnAET DAVIS IVEWIOVE AIA ARCHITECTS
1330 OLYMPIC BOULEVARD SANTA MONICA CA 90404-3726
May 3, 20D6
City of Anaheim
Planning Dept.
Anaheim City Hall
200 So. Anaheim Blvd., Suite 162
Anaheim, Ca. 92805
ATTN: Amy Vazquez
Reference: CUP APPLICATION NO. 2006-05070
1717-1723 WEST BALL RD.
Dear Ms. Vazquez:
LOUIS L ARMET ALA (1914-1981)
ELOON C. OAVIS ALA IRETJ
VICTOR NEWLOVE, AI,0.
JOHN OOOSON, ALA "'"'
PALL OEPPE, AI.A
! -
~,,1~,. ;
R~ ,iY <U~~~
~t:~,
I am writing on behalf of my client, to request that Conditional
Use Permit Application 2006-05070 be withdrawn. The Magids have
been able to secure a lease with the current tenant and will not
need to subdivide the space at this time.
If you have any questions, please call me. Again, thank you for
all your help in this matter.
telephone (310) 452-5533
fax (310) 450-4742
e-mail adnarch@aol.com
JD/da
cc: Marc & Sam Magid
Item No. 6
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CUP 4078 Np'~
(RCVACANT 2) 1 Itl
Subject Property
Variance No. 2006-04681 Date: May 15, 2006
Scale: 1" = 200'
Requested By: STEVE SHELDON Q.S. No. 87
200 West Arlo Way toots
Date of Aerial Pholo:
Julv 2005
Variance No. 2006-04681
Requested By: STEVE SHELDON
Subject'Property
Date: May 15, 2008
Scale: 1" = 200'
Q.S. No. 87
200 West Arlo Way
~oo~s
Staff Report to the
Planning Commission.
May 15, 2006
Item No. 6
6a: CEOACATEGORICALEXEMPTIO~-CLASSII(READVERTISED) (Motion)
6b. VARIANCE NO: 2006-04681::. (Resolution)
SITE LOCATION AND DESCRIPTION:
(1) This irregularly-shaped 1.5-acre property has a frontage of 100 feet on the south side of Alro
Way, a maximum depthof 246 feet, and is located 115feet easfof the centerline of
MahchesterAvenue (200 West Alro Way= l3ergstroms).
REQUEST:
(2) Applicant requests waiver of the following to retain one non-conforming business identification
pole sign with eledtronic message board aridene ndn-conforming business identification wall
sign:
(a) SECTION N0.18.114.130.020.0207.01 Continuation and termination of legal.
non-conforming signs.-
(Pole sign and message board sign
prohibited as of December 31; 2005; one.
50 foot high pole sign'with electronic
message board proposed to remain until
December 31, 2019)
(b) SECTION NO: 18.114.130.060.0604 Maximum letter height for wall signage
24 inch high. letters (for registered
.'trademark name) permitted; 3 foot tg
4:67 fdot high lettersezisting)!
BACKGROUND:
(3) This item was continued from the April 3, and May 1, 2006, Commission meetings in
order to readvertise the waiver;pertafning to the pole sign and to accommodate the
- ;applicant's scheduler;
(4) This property is zoned SP92-1 (The Disneyland Resort Specific Plan). The property is also
designated for Commercial Recreation land uses by the City of Anaheim General Plan. The
Anaheim Geheral Plan desighetes properties in all directions for Commercial Recreation land
uses.
PREVIOUS ZONING ACTIONS:
(5) The following zoning actions have occurred on the subject property:
(a) Variance No: 730 (td establish a research laboratory end light manufacturing complex)
was approved by the Planning commission on April 8, 1957. This entitlement is no
longer necessary for this property, but the entitlement also applies to the property to the
south, therefore it can not be terminated.
vnRZOOS-oasa~dr;
Page 1
Staff Report to the
Planning Commission
May 15, 2006
Item No. 6
(b) Variance tJo. 3009 (to waive the required site screening adjacent to the. Santa Ana (5)
Freeway to construct an industrial complex) was approved by the Planning '
Commission oh May 8, 1978. This entitlemeht is no logger necessary for thisproperty,
but the entitlement also applies to the property to the: south, therefore it can notbe
terminated:
(c) .Conditional Use Permit'No. 2964 (to permit a specialty retail use (Bergtroms Childress
Store) with waiver of minimum number of parking spaces 100 spaces required; 75
proposed) was approved by the Planning Commission on November 23, 1987..
PROPOSAL:
(6) .The applicant is requesting a variance to retain one existing non-conforming 50-foot high, 300
square foot :pole sign with a changeable message board as shown in the photo below. Code
prohibits pole and electronic message boards within the Disney Resort Specific Plan..
m
Page 2
Staff Report to the
Planning Commission
May 15, 2006
Item No. 6
ENVIRONMENTALIMPACTANALYSlS:
(9) Staff has determined that the proposed project falls within the definition of Categorical
Exemptions, Section 15311, Class 11 (Accessory Structures), as defined in the State CEQA
(California Environmental Quality Act) guidelines and is, therefore; categorically exempt
from the ~equiremeht to prepare additional environmenta(documehtation,
EVALUATION:
(10) During the last few years a number of programs and efforts td transform The Anaheim
Resort into a premier international and tourist and convention destination were'put into
effect. One of the major components of the revitalization of the Resort, was tdprdvide
standards for botfi tfie public realm and: private realm signs which included streetscape, wall,
monument and directional signs. Standards for the monument and directional signs for the
private realm were'adopted as specified in the Anaheim Resort Identity Program to
contribute to the unifying effect of the overall identity of the sign and streetscape program.
', As part of the program, all private realmsigns that did nofineet these standards contained
within the Disneyland Resort, Anaheim Resort and Hotel Circle specific plans were deemed
?'non-conforming and were required to beYemoved within a certain time period. The
Disneyland ResortSpecific Plan in which this property is located requjred all lega~non-
conformjng signs to be brougfit into conformance with the specific plan requirements by
December 3Y 20051 With the exception of thisproperty, all non-conforming signage within
The Disneyland Resort Specific Plan has been replaced and/or removed, All non-
conforming signage within both the Ahaheim Resort and Hotel Circle specific plan areas
were brought into conformance by December 31, :1999, with the exception of the! Newly
expanded area of tfte Anaheim Resort Specific Plah (generally located on both sides of
i Harbor Boulevard south of Orangewood Avenue). This expanded area contains a provision'.
for all non-conforming signage to be removed on of beforebecember 31, 2019.
(11) 'Waiver (a) pertains to retaining one 50 foot high business identification pole sign with
electronic message: board. Code prohibits both pole signs and message board signs within'
the Disneyland Resort specific plan. Tfie applicant is requesting to waive the provision
! relating to Continuation and Termination"of Legal IJon-conforming signs to retain`the non-
conforming pole sign with a message board untilDecember3l, 2019,'which coincides with
the datefhat non-conforming signage needs to betemoved from the expanded area of the
Anaheim Resort specific plan: As indicated in the attached Statement of Justification of
Waiver form submitted by the applicant; the location has been impactetl by the road and
` freeway econfigurations that have occurred as a part of the7evitalization of the Anaheim
Resort. The building is located on Alro Way wfiich is not a tfirough street (a cul-de-sac that'
dead ends into the freeway). Unlike other similar retail stores, the property is notlocated on
a major arterial street and there is not a freeway frontage road adjacent to the property;
therefore, the location does not make tas easily accessible for vehicle or pedestrian traffic:.
Given tfie facility's'close proximity to the Interstate5 freeway; the store relies upon passing
freeway traffic to attract customers. In tfie 1990's when the 1-5 Santa'Ana Freeway was
widened, the property lost a significant portion of its frontage:' When the propertywas first
built, the entrance to the facility was purposely oriented towards Manchester Avenue, which:
.::was the main access road. The elimination of Manchester Avenue as a frontage toad
further reduced thebisibility and accessibility of the site. Unlike the otfier businesses within
°' the Disneyland Resort specific plan area, this is the only retail storeffiat is not oriented to ''
tourists and the store does not have a national advertising or brand name recognition. Since
other properties within the Disneyland Resort are permitted signage that is visible to the
general public due to their location, the absence of the existing pole sign which provides
visibility to the general public would deprive this property a privilege that is enjoyed by other
Page 4
Staff Report to the:
Planning Commission
May 15, 2006
Item No. 6
properties with the same zoning. A monument sign on this property would not provide the
same identification opportunities as a monument sign on other Disneyland Resort properties
due to this site's location and site constraints. Based upon the special circumstances as
noted above, staff recommends that the sign be allowed to remain until December 31; 2019,
and at that time; the sign shall either be removed or replaced with a sign in conformance
with the Disneyland Resort standards.
(12) Waiver (b) pertains tc maximum letter height for wall signage to retain an existing non-
conforming wall sign. The existing 157 square foot wall sign reads."Bergstrom Childrehs
Stores' with a letter height of 4.67 feet for the letters "B" and "'S" in the word Bergstroms and
3 feet for the remaining letters. Code permits a maximum letter height of 24-inches (for a
registered trade mark) for a two story building with a maximum sign area of 160 square feet.
As indicated ih the attached Statement of Justification of Waiver form submitted by the
applicant; the location has beeh impacted by the road and freeway reconfigurations that
have occurred a5 a part of the revitalization of the Anaheim Resort as identified in paragraph
(11) above. In addition, the existing letter height is in proportion to the building elevation and
is the only wall sign providing visibility of the site from the I-5 Freeway: In addition, there
have been other properties within the Resort area that have been granted a waiver of
maximum letter height. Staff is supportive of this request and believes that the size of the
wall sign is proportionate to the building elevation and that there are special circumstances
as stated above which are applicable to the property and therefore recommends approval of
this waiver.
FINDINGS:
(13) When practical difficulties or unnecessaryhardships result from strict enforcement of the
Zoning Code; a modification may be granted for the purpose of assuring that no property,
because of special circumstances applicable to it, shall be deprived of privileges oommonly
enjoyed by other properties in the same vicinity and zone. The sole purpose of any variance
', is to prevent discrimination and none shall be approves} which would have the effect of
granting a special privilege not shared by other similar properties.. Therefore, before any
variance is granted by the Commission, it shall be shown:
(a) That there are special circumstances applicable to the property such as size, shape,
topography, location or surroundings., which do not apply to other identically zoned
properties in the vicinity; and
(b) That strict application of the Zoning Code deprives the property of privileges enjoyed
by other properties under identical zoning classification in the vicinity.
Page 5
Staff Report to the
Planning Commission
May 15, 2006
Item No. 6
RECOMMENDATIdN: '
(14) Staff recommends that, unless additiohal or contrary information is received during the
meeting; and based upon the evidence submitted to the Planning Commission,: including the
evidence presented in this staff report; and oral and written evidencep~esented at the public
hearing, the Planning Commission take the following action:
(a) By motion, a rove, a Categorical Exemption -Class 11 (Accessory Structures) for the
project.
(b) By ~esolution,'aoprove Variance No. 2006-04684 to retain one non-conforming business
identification pole sign with electronic message board and one non-conforming business
identification wall sign by adopting the attached resolution including the findings and
conditions contained herein.
Page 6
[DRAFT]
RESOLUTION NO. PC2006--"'
A RESOLUTION OFTHE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 2006-04681 BE GRANTED
(200 WEST ALRO WAY)
WHEREAS, the Anaheim 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:
PARCEL 1, AS SHOWN ON A MAP FILED IN BOOK 122, PAGES 11 AND 12 OF
PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE
COUNTY, CALIFORNIA..
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on May 15, 2006 at 2:30 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 recommendaticns in connection therewith; and that said public hearing was continued
from the April 4, and May 1, 2006, Planning Commission meetings; and.
WHEREAS, said Commission, after due inspection, investigation and study made by
itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing,
does find and determine the following facts:
1. That the petitioner proposes waivers of the following to retain one non-conforming...
business identification pole sign with electronic message board and one non-conforming business
identification wall sign:
(a) SECTION N0.18.114.130.020.0207.01
(b) SECTION NO. 18.114.130.060.0604
Continuation and termination of legal
non-conforming signs
(Pole sign and message board sign
prohibited as of December 31, 2005;
one 50 foot high pole sign with ,
electronic message board proposed to
remain until December 31, 2019)
Maximum letter height for wall sionage
24 inches {for registered trademark
name) permitted; 3 foot to 4.67 foot high
letters existing)
2. That waiver (a) pertaining to the continuation and termination of legal ion-conforming
signs is hereby approved to expire on December 31, 2019, as the site is uniquely constrained the location
because it has been impacted by road and freeway reconfigurations that have occurred as a part of the
revitalization of widening of the l-5 (Santa Ana) Freeway. The building is located on Alro Way which is
not a through street (a cul-de-sac that dead ends into the freeway). Unlike other similar retail stores, the
property is not located on a major arterial street and the location does not make it as easily accessible by
vehicle or pedestrian traffic. Given the facility's close proximity to the Interstate 5 freeway, the store relies
upon passing freeway traffic to attract customers. In the 1990's when the I-5 Santa Ana Freeway was
widened the property lost a significant portion of its frontage. When the property was first built, the
entrance to the facility was purposely oriented towards Manchester Avenue, which was the main access
road; the freeway widening eliminated the property's frontage along this road. Strict application of the
zoning code would deprive the property of privileges enjoyed by other retail properties that do not have
these site constraints.
CR\PC2006-0 -1- PC2006-
3. That waiver (b) pertaining to maximum letter height for an existing sign is hereby
.approved as the site is uniquely constrained by its irregular shape and has been impacted by the
widening of the t-5 (Santa Ana) Freeway and the reconfiguration of Manchester Avenue. Additionally, this
is the only wall sign on the property and there have been other properties within the Resort area that have
been granted a waiver of maximum letter height. Therefore, strict application of the zoning code would
deprive the property of privileges enjoyed by properties that do not have these site constrains ,
4. 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 Planning
Commission has reviewed the proposal to waive (a) continuation and termination of legal non-conforming
signs and (b) maximum letter height for a wall sign and has determined that the proposed project falls
within the definition of Categorical Exemptions, Section 15311, Class 11 (Accessory Structures), as
defined in the State CEQA (California Environmental Quality Act) guidelines and is, therefore,
categorically 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:
1. That the pole sign and message board shall be removed by December 31, 2019:
2. That the subject property shall be maintained substantially in accordance with the sign 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. That approval of this application constitutes approval of the proposed request only to the extent
that it complies with the Anaheim Municipal 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 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 donditions hereinabdve 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 applicant is responsible for paying all charges
related to the processing pf this discretionary case application within 15 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
May 15, 2006. 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 ih the event of an appeal
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-2- PC2006-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
chat the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on May 15, 2006, by the foltowing vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this day of
.2006.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
_3_ PC2006-
Attachment -Item No. 6
Applicant's Statement of Justification for Variance
February 2006
The petitioner requests a waiver of the following Code Sections td retain one business identification pole
sign with electronic reader board and one business identification wall sign:
SECTION NOS. 18.114.130.060.0603.08, 18.114.130.060.0603.21, 18.114.130.060.0603.04; and
18.114.130.p60.0604 (Exhibit 7.0 A)
1. Are their special circumstances thaEapply to the property fn matters such as size, shape,
topography, location or surroundingsT
Bergstroms Childrens Store Is located on Alro Way, which is on the border of the Disneyland
Resort Specific Plan Zoning District. Unlike other retail stores located in the middle of the district
or even off arterial streets, Bergstroms' location does not make it as easily accessible by vehicle
or pedestrian traffic. Given Bergstroms' close proximity to the Interstate 5 freeway, the store
relies upon passing freeway traffic to attract customers:
In the 1990s, when Interstate 5 was widened ih order to ease cdngestion and improve traffic flow
to the Disneyland Resort Area, Bergstroms Childrens Stores lost a significant portion of its
frontage property. The three primary keys to a successful commercial property are visibility.,
accessibility and parking. For Bergstroms Childrens Stores, the widening of the freeway
significantly reduced two of these key factors, visibility and accessibility, in addition to reducing
the size of the property:
When first built, Bergstroms' entrance was purposely oriented towards Manchester Avenue,
which was the main road with the most amount of traffic (both vehicular and pedestrian). The loss
of Manchester Avenuereduced visibility of Bergstroms from street and pedestrian traffic, causing
the store to rely heavily upon freeway traffic for customers. The pole sign with reader board and
wall mounted sign offsets the loss of the structure's visibility by drawing the attention of passing
traffic along the freeway.
In addition, the location of Bergstroms Childrens Stores appears less accessible because it is
surrounded on one side by the freeway, which hides the entrance to the store and the parking lot
from passing vehicles. Without a clear view of the entrance and the ability to see vehicles in the
parking lot, potential customers may not know that Bergstroms Childrens Stores is open for
business. The pole sign with reader board and wall mounted sign clearly shows that the store is
open and operating.
in the Disneyland Resort Specific Plan Zone, it states that the zoning "recognizes the uniqueness
of the Anaheim Resort as afamily-oriented tourist center destination" and that it is "intended to
enhance community appearance...and to aid in the attraction of tourists and other visitors
important to the economy of the City." [Anaheim Municipal Section Code No. 18.114.02p,
emphasis added].
The Bergstroms Childrens Stores signs have been in place for more than fifteen years and have
become an integral part of the store's architecture and tirand image. Allowing the signs to remain
would not have a substantial detriment to adjacent property or impair public interest. The signs
are attractive and do their part to "aid in the attraction of tourists and other visitors Important to
the economy of the City." In fact, Bergstroms attracts customers to neighboring businesses
within the vicinity. Additionally, the Bergstroms Childrens Stores' customer base is families with
children, the very individuals that the Disneyland Resort Specific Plan Zone was designed to
attract.
Attachment C -Statement of Justification
Page 1 of 3
,rra r!~. 2006 - 0 4 6 8 1
2. Are the special circumstances that apply to the property different from other properties in
the vicinity which are in the same zone as your property?
Unlike bigger chain stores, Bergstroms Childrens Stores does not have the luxury of relying upon
national advertising to attract a large customer base. In addition to local advertising in
newspapers and word-of-mouth, the Bergstroms Childrens Stores in Anaheim relies upon
passing freeway traffic to attract tourists and visitors in the area to their store.
Earlier this year, two large businesses -The Disneyland Hotel and National Alamo -complied
with the Disneyland Resort Specific Plan Zoning regulations and removed their legal
nonconforming signs. However, unlike Bergstroms Childrens Stores, these businesses benefit
from national advertising and national brandlname recognition. In fact, most of their customers
are not drawn to their businesses because of prominent signage. Rather, the Disneyland Hotel
and National Alamo build upon brandlname recognition and national advertising to increase their
customer base..
For Bergstroms Childrens Stores, replacing the existing signs with signs that would comply with
the zoning requirements is not an economically viable option and it would doubly penalize the
company. First, given the location of the store and its close proximity to the freeway, relying
solely upon wall-mounted signage is a less effective method of attracting business. Second,
removing the sign would cause a financial loss of a significant investment. The current pole sign
:itself cast upwards of $200,000..
For a corner property, like Bergstroms Childrens Stores, the zoning code allows for one wall sign
per each putilic right-of-way frontage as long as only one sign is legible at any time from any point
on the adjacent public right-of-way [Anaheim Municipal Code Section No. 18.114
130.060.0601.04]. Bergstroms faces two public rights-of-way-Alto Way and Interstate 5. Alto
Way is a cul-de-sac with no other businesses located off it (only a dirt Held). The only other
heavily traveled public right-of-way is Interstate 5. Interstate 5 essentially surrounds BergsUoms
Childrens Stores. The wall-mounted sign is only visible from the freeway, while the freestanding
pole sign is difficult to see from areas other than the freeway and along portions of Clementine
Street. It is not immediately visible from other major thoroughfares in the area.
3. Do the special circumstances applicable to the property_deprive it of privileges currently
enjoyed by neighboring properties located within the same zone?
As mentioned before, Bergstroms Childrens Stores is located on the border of the Disneyland
Resort Specific Plan Zoning District. Untike other retail stores located in the middle of the district,
Bergstroms Childrens Stores is located along Alro Way, a cul-de-sac with no other businesses to
attract potential walk-in customers: Clementine Street (which Alro Way is located directly off) is
not as widely used by vehicles as is Harbor Boulevard, Disney Way or Ball Road, nor does
Clementine Street get the same amount of pedestrian traffic that these other streets do.
Bergstroms Childrens Stores must rely upon passing freeway traffic to maximize advertising
potential and draw customers to the store.
Removing the pole sign and reducing the size of the wall-mounted sign would significantly reduce
their ability to attract customers traveling along the freeway and would threaten the economic
viability of the store.
4. Were the. special circumstances created by causes beyond the control of the property
owner (or previous property owners?)
Attachment C -Statement of Justification
Page 2 of 3 LUU6 - Q L} 6 {~ 1
The widening of Interstate 5 significantly reduced the size of Bergstroms' property, as well as ----
visibility and accessibility of the store. Believing that their pole sign with electronic reader board
and wall mounted sign directly facing the freeway would attract potential customers, Bergstroms
Childrens Stores saw the widening as a great business opportunity.
Removing the Bergstroms Childrens Stores signs would destroy the economic viability of the
business. For a business like Bergstroms Childrens Stores that does not have national
recognition and depends upon freeway traffic to attract customers, a pole sign and additional
wall-mounted .sign are necessary to maximize advertising potential and draw customers to the
store.
Again, the signs are attractive and do their part to "aid in the attraction of tourists and other
visitors important to the economy of the City." In addition, the Bergstroms Childrens Store
customer base are families with children, the very individuals that the Disneyland Resort Specific
Plan Zone was designed to attract.
Attachment C -Statement of Justification
Page 3 of 3
~'P R^"?. 2006 - 0 ~. 6 8 1
Item No. 7
W
W
T =
RCL 65-66-22 rn
(Res. of Inlenl.
to RM-2400)
CUP 733
KIMBERLY AVE
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Conditional Use Permit No. 2006-05082
Requested ey: SOUTHERN CALIFORNIA EDISON COMPANY
1650 South Ninth Street
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Subject Property
Date: May 15, 2006
Scale: 1" = 200'
Q.S. No. 66
10043
AGRICULTURE
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Dale of Aerial Photo:
July 2005
Conditional Use Permit No. 2006-05082
Requested By: SOUTHERN CALIFORNIA EDISON COMPANY
1650 South Ninth Street
Subject:Property
Date: May 15, 2006
Scale: 1" = 200'
Q.S. No. 66
10043
Staff Report to the
Planning Commission
May 15, 2006
Item No. 7
7a. CEQA NEGATIVE DECLARATION (Motion)
7b. CONDITIONAL USE PERMIT N0. 200ti-05082 (Resdlution)!
SITE LOCATION AND DESCRIPTION:
(1) This rectangularly-shaped 2.52-acre property has a frontage of 175 feet on the east side of
Ninth Street; a maximum deptfi of 631 feet; and is located 139 feet north bf the centerline of
Laster Avenue (1650 South Ninth Street). ,
REQUEST:
(2) The applicant requests: approval of a conditional use permit under authority of Code
Section No: 18.14.030.040.0402 and 18.38.060 tdpermit a telecommunications antenna on
an existing,Southern California Edison (SCE) electrical transmission towerwitHaccessory
ground-mounted equipment.
BACKGROUND:
(3) This property is currently developed with SCE transmission towers and a plant nursery and
is zoned T (Transition)'. Zone. The Anaheim General Plan designates this property and
Properties td the easfand west for open space land uses. Properties to the north are
designated for Medium Density Residentiat land uses'and properties to the south'for Low
Density Residential land uses.
DEVELOPMENT PROPOSAL:
(4) The applicant proposes to construct a telecommunications facility consisting of six (6)
sectors with one (1) panel antenna on each sector, on an existing 138-foot high, SCE.
transmission tower;. This request also includes aground-mounted accessory equipment
shelter located directly beneath the tower within a 361 square foot lease area
(5) The site plan (Exhibit No. 1) indicates the 138-foot high tower is located near the western
portion of the property; approximately 220 feet from Ninth StreeYand approximately 1,025
feet from Walnut Street. There are currently two {2) transmission towers on the property.
There are no other telecommunications antennas located on the proposed tower, but there
is another telecommunications facility on the transmission tower adjacent to Walnut Street:.
Sr2006-05062k1w.doc
Page 1
Page 2
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Elevation of proposed antennas View from Ninth Street
(7) The site plan does not propose any additional landscaping. A 15 foot wide existing.'.
landscape setback is provided along Ninth Street and Audre Drive/Calle de las Est~alles.
(8) The antenna layout plan (Exhibit No. 4) indicates the panel antennas are five (5) feet in
height by one (1) foot in width and four (4) inches in depth. The antennas would be painted
to match the existing tower Also proposed area 24-inch diameter microwave dish which
'would be constructed 48 feet above ground level and a 6-inch tall 3-foot wide GPS antenna
affixed to one of the proposed sectors. These would also be painted to match the existing
tower. Tfte proposedantennas and brackets would not be flush-mounted: SCE standards
do nofallow for antennas to be flush-mounted. According to SCE, in order to service.the
lattice tower, staff must climb the tower, flush-mounted antennas create'a potential hazard
because staff would need to climb in front of the brackets and antennas:
(9) The lease area plan (Exhibit Nb: 4) proposes a 156 square foot equipment area located
underneath the existing transmission tower legs. The plans indicate the equipmeht area
would be surrounded by a chain link fence'. The applicant has agreed to replace the chain
link fence with decorative wrought iron as required by Code. The fencing would provide
screening of the ground-mounted equipment and security.
(10) The applicant's supplemental information statement indicates that Royal Street
Communications/Metro PCS is new wifeless carrier to the Southern California region..
This proposal's primary objective is to cover the vicinity of Cerritos Avenue (north), Walnut
Page 3
Staff Report to the
Planning Commission
May 15, 2006
Item No. 7
Street arid neighboring Anaheim Resort {east), Katella Avenue (south); and Euclid Street
(west): There are surrounding sites that are planned that will integrate with this particular
site, as the network develops. As sites begin to go "on air'; this site wilt cover's much wider
area than the aforementioned street boundaries. Coverage and capacity are a function of
distance and network customer usage:
ENVIRONMENTAL IMPACT ANALYSIS:
(11) Staff has reviewed the proposal to permit a telecommunications antenna on an existing
SCE eledtrical trahsmissioh tower with accessory ground mounted equipment and the Initial
Study (a copy of which is available for review in the Planning Department) and finds no
significantehvironmental impact and, therefore, recommends that a NegativeDeclaration
be approved upon a finding: by the Planning Commission that the Negative Declaration
reflects the independent judgment of the lead agency; and that it has cbnsidered the
proposed Negative Declaration together with any comments received during the public
review process and further finding on the basis of the Initial Study and ahycomment5
`received. that there is no substantial evidence that the project will have a significant effect.
on the environment:
EVALUATION:
(12) Telecommunications facilities"and antennas are permitted in the T Zone subject to the
`approval of a conditional use;permit and the requirements of Sectioh No. 18.38.060
!,pertaining to telecommunications antenhasbf Chapter 18:38 (Supplemental Uses).
(13) On June 7, 2005,.the City Council approved a franchise agreement with SCE. Within that
agreement, provisions were made to upgrade fencing and landscaping bn properties
owned by SCE in an effort to improve the aesthetics of the property to thepublic right-of-
way. The agreement states that SCE would require that at the time a license or lease is
renewed, terminated, or created, a 10-foot wide area would be devoted to landscaping:
The existing depth of landscaping provided along Ninth Street complies with the franchisee
agreement between the City and SCE, therefore staff is not recommending any additional
landscaping.
(14) The recently updated Zoning Code includes design guidelines and requirements for
telecommunication facilities: Code requires wireless communication facilities to be co-
located where technologically feasible and visually beneficial. Staff feels "stealth"
installations and installation oh existing SCE lattice towers are the bestalternative to
decrease visual clutter and preserve the aesthetiCquality of the community: ,The new
facility would be located approximately 220 feetaway from Ninth Street and 1,025 feet from
Walnut Street, further minimizing the visibility of he proposed antennas ahd equipment
location from publid view:. Staff feels the location on the existing SCE transmission tower is
the best alternative to decrease visual clutter andpreserve the aesthetic quality of the
community and therefore, staff recommends approval of this'request.
FINDINGS:
(15) Before the Planning Commission grants any conditional use permit, it must make a finding..
of fact that the evidence presented shows that all of the following conditions exist:
Page 4
Staff Report to the
Planning Commission
May 15, 2006
Item No. 7
(a) That the proposed use is properly one far which a conditional use permit is
authorized by the code, or is an unlisted use as defined in Subsection .030 (Unlisted
Uses Permitted) of Section 18.66.040 (Approval Authority);
(b) That the proposed use will not adversely affect the adjoining land uses and the
', growth and development of the area in which it is proposed to be located;
(c) That the size and shape of the site for the proposed use is adequate to alldw the fulP
development of the proposed use in a manner not detrimental to the particular area
nor to health and safety;
(d) That the traffic generated by the proposed use will not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the
area; and
(e) That the granting of the conditional use permit under the conditions imposed; if any,
will not be detrimental to the ,peace, health; safety and general welfare of the
citizens of the City of Anaheim..
RECOMMENDATION:
(16) Staff recommends that, unless additional or contrary information is received during the
meeting, and based upon the evidence submitted to the Commission, including the
evidence presented in this staff report, and oral and written evidence presented at the
public hearing, the Planning Commission take the following actions:
(a) By motion, aoorove a Negative Declaration for the project.
(b) By resolution.; approve Conditional Use Permit No. 2006-05082 to permit a
telecommunications facility on an existing SCE electric transmission tower with
accessory ground-mounted equipment, by adopting the attached resolution.
including the findings and conditions contained herein.
Page 5
[DRAFT]
RESOLUTION NO. PC2006-`**
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2006-05082 BE GRANTED
(1650 SOUTH NINTH STREET).
WHEREAS, the Anaheim 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 SOUTHERLY 175.00 FEET OF LOT 3 IN BLOCK 13 OF THE SUBDIVISION OF THE
SOUTH ONE-HALF OF SECTION 21, TOWNSHIP 4 SOUTH, RANGE 10 WEST, S.B.B. AND
NL, AS PER MAP RECORDED IN BOOK 1, PAGE 33 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 May 15, 2006., at 2:30 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 applicant's proposal to permit a telecommunications facility on an existing..
transmission tower with accessory ground-mounted equipment is properly one for which a conditional use
permit is authorized by Anaheim Municipal Code Sectipn Nos. 18.14.030.040.0402 and 18.38.060.
2: That the proposed telecommunications facility would not adversely affect the adjoining land
uses and the growth and development of the area in which it is proposed to be located because the proposal
locates the proposed antennas on an existing electrical transmission tower reducing the cumulative visual
clutter of such facilities by using existing infrastructure, and the transmission tower is located 280 feet from
Ninth Street further minimizing the visual impact of the proposed facility:
3. That the size and shape of the site is adequate to allow full development of the proposal in a
manner not detrimental to the particular area nor to the health and safety because the telecommunications
facility would be located on an existing electrical transmission tower with minimal new equipment:
4. That because this is an unmanned facility with infrequent maintenance, the traffic generated
by the proposed use will not, under the conditions imposed, impose an undue burden upon the streets and
highways designed and improved to carry the traffic in the area
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 and that the use will contribute to
an effective wireless communications network system in a manner that would blend in with the existing
facilities.
6. That.*** indicated their presence at said putilic 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 a telecommunications antenna on an existing Southern
California Edison tower with accessory ground-mounted equipment; and does hereby approve the Negative
Cr\PC2006-0 -1- PC2006-
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 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
safety and general welfare of the Citizens of the City of Anaheim:.
1. That this telecommunications facility shall be limited to no more six (6) sectors with no more than one
(1) panel antenna on each sector, a 24-inch diameter microwave dish, and a 6-inch high, 3-inch wide
GPS antenna, on the existing electrical lattice tower with accessory ground-mounted equipment.
The six (6) antennas shall be limited to an operating center height of 59 feet: No additional antennas
or equipment cabinets shall be permitted without the approval of the Planning Commission at a
noticed public hearing. Said information shall be specifically shown on the plans submitted by
building permits.
2. That the antennas shall be finished and painted to match the existing electrical lattice tower
structure. If the finish or color of the tower is modified, the antennas shall be modified accordingly..
Said information shall be specifically shown on the plans submitted by building permits.
3. That ground-mounted equipment shall be located entirely within an S-foot high decorative wrought
iron fence and the cable connecting to the equipment shall be underground and shall not be visible
to the public. Said'mformation shall be specifically shown on plans submitted for building permits,
4. That all equipment, including supply cabinets and power meter shall be screened from the public
right-of-way. Said information shall be specifically shown on plans submitted for building permits:
5. That the Operator shall ensure that its installation and choice of frequencies will not interfere with in
the 800 MHz radio frequencies required by the City of Anaheim to provide adequate spectrum
capacity for public safety and related purposes.
&. That before activating this facility, the Operator shalt submit to apost-installation test to confirm that
the facility does not interfere with the City of Anaheim's Public Safety radio equipment. This test
shall be conducted by the Communications Division of the Orange County Sheriffs Department or a
Division approved contractor at the expense of Operator
7. That the Operator shall provide a 24-hour telephone number to the Planning Services Division (to be
forwarded to the Fire and Police Departments) to which interference problems may be reported, and
shall resolve all interference complaints within 24 hours.
8. That the Operator shall ensure that any of its contractors, sub-contractors or agents, or any other
user of the facility, shall comply with the terms and conditions of this permit,
9. That should this telecommunication facility be sold, the Planning Services Divisions shall be notified
within 30 days of the close of escrow::
10. That any required relocation of City electrical facilities shall be at the petitioner's expense.
Landscape and/or landscape screening of all pad mounted equipment shall be required and shall be
specifically shown on plans submitted for building permits.
11. That the applicant shall obtain aRight-of-Way Construction Permit from the Public Works
Department for any work within the public right-of-way, including but not limited to installation of
conduit, cable, and electrical service lines.
-2- PC2006-
12. That the routing of the telco and power runs shall be routed within the property parallel to the existing
property line and then out to the power pole. Pull-boxes shall be required where the conduits
change direction. Said information shall be specifically shown on plans submitted for building
permits.
13. That portion of the property being leased to the telecommunication provider shall be permanently
maintained in an orderly fashion through the provision of regular landscaping maintenance, removal
of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence.
14. That no signs, flags, banners, or any other form of advertising shall be attached to the antennas or to
the transmission tower structure.
15. That a final landscape and equipment enclosure plan indicating an 8-foot high decorative wrought
iron fence shall be submitted to the Planning Services Division for review and approval: Any
decision by staff regarding said plans may be appealed to the Planning Commission as a Reports
and Recommendations item. Said information shall be specifically shown on plans submitted for
building permits.
16. That the subject property shall be developed substantially in accordance with the 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 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, 10, 12 and 15, above mentioned, shall
be complied with. Extensions of further time to complete said conditions may be granted in
accordance with Section 18.60.170 of the Anaheim Municipal Code.
18. That prior to final building and zoning inspections, Condition Nos. 5, 6, 7, and 16, above mentioned,.
shall be complied with.
19. That approval of this applidation 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 ahybther applicable ordinance, regulation, or equipment.
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 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 applicant is responsible for paying all charges related
to the processing of this discretionary case application within 15 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.
3- PC2006-
', THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
May 15, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeal.
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 May 15; 2006, 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
2006.
SENIOR SECRETARY, ANAHEtM PLANNING COMMISSION
-4- PC2006-
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Conditional Use Permit No. 2006-05086
Requested By: LOGAN LTD PARTNERSHIP
2278 East Via Burton Street
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Subject Property
Date: May 15, 2006
Scale: 1" = 200'
Q.S. No. 110
1ooa1
Date of Aerial Photo:
July 2005
Conditional Use Permit No. 2006-05086
Requested By: LOGAN LTD PARTNERSHIP
Subject Property
Date: May 15, 2006
Scale: 1" = 200'
Q.S. No. 110
2278 East Via Burton Street
fooa~
Staff Report to the
Planning Commission
', May 15. 2006
Item No. 8
Sa CEOA fJEGATIVEbECLARATION (Motion)
Sb. CONDITIONAL USE PERMIT NO: 2006-05086 (Resolutioh)
SITE LOCATION AND DESCRIPTION:
(i) This irregularly-shaped 1.11 acre parcel has a frontages of 154 feet on the west side of
Placentia Avenue and 334 feet on the south side of Via Burtdh Street and is located at the.
southwesfcorner of Via Burton Street and PlacentiaAveriue (2278 East Via Burton Street).
REQUEST:
(2) The applicant requests approvalbf a conditional use permit under authority of Code
Sectiort 18.10:030:040.0402 and 18.38.060 to permit the co-location bf six additional
`antennas and accessory ground-mounted "equipment on an existing legal non-conforming
telecommuhications monopole facility.
BACKGROUND:
(3) This property is currently developed with amulti-tenant single story industrial tilt-up building
ahd a legal non-conforming telecommunications facility and is zoned f Qndustrial Zone).
The Anaheim General Plan designates this property and properties to the north„south, and
west for Industrial land uses. Properties to east are within the City of Placentia
(4) There are ho previous zoning actions thatpertain to this property.
DEVELOPMENT PROPOSAL:
(5) The applicant proposes co-locate six additional antennas (siz sectors with one antenna per
sector) on an existing 99-foot high legal non-conforming telecommunications monopole and
construct an associated ground mounted equipmentarea. This request also includes land..
use conformity for the existing 99-foot high telecommunications facility(three sectors with
four ahtennas per sector) and ground-mounted equipment located within one of the tenant
spaces of the building. This existing facility was approved on May 12~ 1992 (prior to the
establishment of the conditional use :permit process for this type of use).
(6) The site plan (Exhibit No. 1) indicates the 99-foot high tower is located near the southern
portion of the property (behind the existing tilt-up building); approximately 86 feet from Via
Burton Street and approximately 165 feet from Placentia Avenue.
(7} . The enlarged site plan (Exhibit No 2) reflects a 252 square foot equipment area containing
four base transceiver station (BTS) units, power and phone connection cabinet (PPC) and
global positioning system (GPS) antenna. The equipment area would be located south of
the existing pole, adjacent to the southp~operty line within two existing parking spaces (29
spaces required; 47 spaces provided on site). The area would be enclosed within asix-foot
high chain link fence with barbed wire atop the fence for additional security: Code permits
chain link fencing mound ground-mounted equipment and barbed wire in the I zone where
it is not visible to the public right-of-way. Code requires all portions of associated
equipment to be located a minimum of five (5) feet from any interior property line: Staff has.
included a condition of approval requiring the equipment area be reconfigured to maintain a
minimum five-foot setback to the property line..
Srcup2006-05086jpcdoc .
Page 1
Staff Report to the
Planning Commission
May 15, 2006
', Item No. 8
(8) The elevation plans and photo simulations (Exhibit Nos. 3 and 4) indicate that antennas would
be placed afan operating center 60 feet above ground level.
Page 2
Staff Report to the
Planning Commission.
May 15, 2006
Item No. 8
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Page 3
Staff Report to the.
Planning Commission
May 15, 2006
Item No. 8
(9) No new Iandscaping is proposed. A 15 to 25 foot wide existing landscape setback is
provided along Placentia Avenue with an approximately 1-foot landscaped setback along
Via Burton Street
(10) The antenna layout plan (Exhibit No. 2) indicates the panel antennas ere five (5) feet in
height by one (1) foot h width and four (4j inches in depth. The antennas would be painted
to match the existirg pole. Also proposed is a 6-inch high, 3-inch wide GPS antenna
affixed to one of the BTS units within the equipment area. This GPS antenna would be
painted to matcR the existing equipment. The proposed antennas and brackets would be
Flush-mounted to the existirg pole to minimize visual impact:.
(11) The applicant's supplemental information statement indicates that Royal Street
Communications/Metro PCS is a new wireless carrier to the Southern California region.
This proposal's primary objective is to cover the vicinity of SR 91 {south), Orangethorpe
Avenue (north),!Placentia Avenue (east), and State College Boulevard (west). There are
surrounding sites thatare planned that will integrate with this particular site, as the network..
develops, As sites begin to go "on air'; this site wilt cover a :much wider area than the
aforementioned street boundaries. Coverage and capacity are a function bf distance and
network customer usage.
ENVIRONMENTAL IMPACT ANALYSIS:
(12) Staff has reviewed the proposal for a telecommunications facility and the Initial Study (a
copy of which is available for review to the Planning Department) and finds no stghificant
environmental impact and,. therefore, recommends: that a Negative Declaration be
approved upon a finding by the Planning,Commission thafthe Negative Declaration reflects
the independent judgment of the lead agency; and that it has considered the proposed
Negative Declaration together with ahy comments received during the public review
process and further finding on the basisbf the Initial Study and any comments received that
there is ho substantial evidence that the project wilt have a significant effect on the
environment.
EVALUATION:
(13) Telecommunications facilities and antennas are permitted in the I Zone subject to the
approval of a conditional use'permit and the requirements of Section 18.38.060 pertaining
to telecommunications antennas of Chapter 18.38 (Supplemental' Uses).
(14) The recently updated Zoning Code includes design guidelines and requirements for
telecommunicatidn facilities. Code requires wireless communication facilities to be co-
located where technologicallyfeasibie and visually; beneficial: Since this proposal is a co-
location, staff believes there will be minimal aestfietic impact in the immediate vicinity. The
equipment for the new facility would be located approximately 165 feet away from Placentia
Avenue with a landscaped setback of 15-25 feet and located completely behind the existing
building, further minimizing the visibility of the proposed equipment location from public
view. Staff feels the co-location on the existing pole is consistent with intent of the Code tb
decrease visual clutter and preserve the aesthetic quality of the community and therefore,
recommends approval of this request.
Page 4
Staff Report to the
Planning Commission
May 15, 2006
Item No. 8
FINDINGS:
(15) Before the Planning Commission grants any conditional use permit, it must make a finding
of fact that the evidence presented shows that all of the following conditions exist:
(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 18.66.040 (Approval Authority);.
(b) That the 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 use is adequate to allow the full
development of the proposedLse in a manner not detrimental to the particular area.
nor or to health and safety;
(d) That the traffic generated by the proposed use will not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the
.area; and
(e) That the granting of the conditional use permit under the conditions imposed, if any,
will ndt be detrimental to the health and safety of the citizens of the City of Anaheim:
RECOMMENDATION:
(16) Staff recommends that, unless additional or contrary information is received during the
meeting; and based upon the evidence submitted to the Commission, including the
evidence presented. in this staff report, and oral and written evidence presented at the
public hearing, the Planning Commission take the following actions:
(a) By motion, approve a Negative Declaration forihe project.
(b) By resolution, aoorove Conditional Use Permit No. 2006-05086 to permit {co-
locate) six additional antennas and accessory ground-mounted equipment on an
existing legal non-conforming telecommunication monopole facility, and land use
conformity for the existing 99-foot high telecommunications facility (three sectors
with four antennas per sector) and ground-mounted equipment located within
one of the tenant spaces of the building, by adopting the attached resolution
including the findings and conditions contained herein.
Page 5
[DRAFT]
RESOLUTION NO. PC2006--***
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2006-05086 BE GRANTED
(2278 EAST VIA BURTON STREET)
WHEREAS; the Anaheim 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 L THAT PORTION OF LOT 6 OF SOUTH PLACENTIA TRACT NO. 2, AS PER
MAP, THEREOF RECORDED IN BOOK 5, PAGE 42 OF MISCELLANEOUS MAPS,
RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS:
PARCEL NO. 1, AS SHOWN ON A MAP FILED IN BOOK 52, PAGE 25 OF PARCEL MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY.
PARCEL 2: ANON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER
THE EASTERLY 15.00 FEET OF THE NORTHERLY 155.00 FEET OF THAT PORTION OF
LOT 6 OF THE SOUTH PLACENTIA TRACT NO. 2 AS SHOWN ON A MAP RECORDED IN
BOOK 5, PAGE 42 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF VIA BURTON STREET, AS
pESCRIBED IN THE DEED TO THE CITY OF ANAHEIM RECORDED SEPTEMBER 3, 1959
IN BOOK 4868, PAGE 525 OF OFFICIAL RECORDS, OF SAID COUNTY, WITH THE
NORTHERLY PROLONGATION OF THE EASTERLY LINE OF THE LAND CONVEYED TO
BERT BLEDSOE, AND OTHERS, RECORDED MARCH 6, 1964 IN BOOK 6952, PAGE 67 OF
OFFICIAL RECORDS; THENCE NORTH 89° 56' 44" EAST, ALONG SAID CENTERLINE,
220.00 FEET TO THE. TRUE POINT OF BEGINNING; THENCE SOUTH 00° 03' 16" EAST
323.00 FEET TO THE SOUTHERLY LINE OF THE LAND DESCRIBED IN PARCEL 2 OF THE ,
DEED TO HOUSTON LAND COMPANY RECORDED MARCH 1, 1957 IN BOOK 3821, PAGE.
285 OF SAID OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY OF SAID HOUSTON ,
LAND COMPANY LAND, NORTH 89° 56' 44" EAST, 192.08 FEET, AND NORTH 00° 03' 16"
WEST 145.42 FEET TO AN ANGLE POINT IN SAID BOUNDARY; THENCE CONTINUING
NORTH 00° 03' 16" WEST 177.58 FEET TO THE WEST 192.08 FEET TO THE TRUE POINT
OF BEGINNING.
EXCEPTING THEREFROM THE NORTHERLY 30.00 FEET THEREOF
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on May 15, 2006, at 2:30 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 applicant's proposal to co-locate six additional antennas (six sectors with one
antenna per sector) on an existing 99-foot high legal non-conforming telecommunications monopole facility
and associated ground mounted equipment area, and land use conformity for the existing 99-foot high
telecommunications facility (three sectors with four antennas per sector) and ground mounted equipment
Cr\PC2006-0 -1- PC2006-
located within one of the tenant spaces of the building are properly ones for which a conditional use permit is
authorized by Anaheim Municipal Code Section Nos. 18.10.030.040.0402 and 18.38.060.
2. That the proposed telecommunications facility would not adversely affect the adjoining land
uses and the growth and development of the area in which it is proposed to be located because the proposal
locates the proposed antennas on an existing telecommunications facility reducing the cumulative visual
clutter of such facilities by using an existing facility as encouraged by Code. The equipment for the new
facility would be located approximately 165 feet away from Placentia Avenue with a landscaped setback of
15-25 feet and located completely behind the existing building, further minimizing the visibility of the
proposed equipment location from public view..
3. That the size and shape of the site is adequate to allow full development of the proposal in a
manner not detrimental to the particular area nor to the health and safety because the telecommunications
facility would be located on an existing telecommunications facility tower and equipment area within two
existing parking spaces on the property (28 parking spaces are required for the use; 47 spaces are.
provided).
4. That because this is an unmanned facility with infrequent maintenance, the traffic generated
by the proposed use will not, under the conditions imposed, impose an undue burden upon the streets and
highways designed and improved to carry the traffic in the area
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 and that the use will contribute to
an effective wireless communications network system in a manner that would blend in with the existing
facilities.
6. That"` indicated theirp~esence 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 td co-locate six additional antennas (six sectors with one antenna
per sector) and accessory ground-mounted equipment on an existing legal non-conforming -
telecommunication monopole, and land use conformity for the existing 99-foot high telecommunications
facility (three sectors with four antennas per sector) within one of the tenant spaces of the building; 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 projectwill have a significant effect on the
environment.
NOW, THEREFORE; BE IT RESOLVED that the Anaheim 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 this telecommunications facility shall be limited to no more than six (6) sectors with no more than
one (1) panel antenna on each sector, and a 6-inch tall 3-inch wide GPS antenna, on the existing.
telecommunications facility and accessory ground-mounted equipment. The six (6) antennas shall be
limited to to an operating center height of 60 feet, Said information shall be specifically shown on the
plans submitted for building permits. No additional antennas or equipment cabinets shall be permitted
without the approval of the Planning Commission at a noticed public hearing.
2. That the existing telecommunications facility shall be limited to no more than three (3) sectors with no
more than four (4) panel antennas on each sector and accessory ground-mounted equipment. The
twelve {12) antennas shall be limited to a height of 99 feet. No additional antennas or equipment
-2- PC2006-
cabinets shall be permitted without the approval of the Planning Commission at a noticed public
hearing.
3. That the antennas shall be finished and painted to match the existing pole structure. If the finish or
color of the pole is modified, the antennas shall be modified accordingly. The equipment cabinets shall
be painted anon-reflective/glare reducing color to minimize visibility from the public right of way. Said
information shall be specifically shown on the plans submitted for building permits.
4. That that configuration of the ground-mounted equipment shall be such that no equipment cabinets will
be located closer than five feet from the southerly property line and the cable connecting to the
equipment shall be underground and shall not be visible to the public. Said information shall be
specifically shown on plans submitted for building permits.
5. That all equipment, including supply cabinets and power meter shall be screened from the public right-
of-way. Said information shall be specifically shown on plans submitted for building permits.
6. That the Operator shall ensure that its installation and choice of frequencies will not interfere with in the
800 MHz radio frequencies required by the City of Anaheim to provide adequate spectrum capacity for
public safety and related purposes.....
7. That before activating this facility, the Operator shall submit to apost-installation test to confirm that the
facility does not interfere with the City of Anaheim's Public Safety radio equipment. This test shall be
conducted by the Communications Division of the Orange County Sheriffs Department or a Division
approved contractor at the expense of Operator. ,
8. That the Operator shall provide a 24-hour telephone number to the Planning Services Division (to be
forwarded to the Fire and Police Departments) to which interference problems may be reported, and
shall resolve all interference complaints within 24 hours.
9. That the Operator shall ensure that any of its contractors, sub-contractors or agents, or any other user.
of the facility, shall comply with the terms and conditions of this permit.
10. That should this telecommunication facility be sold, the Planning Services Divisions shall be notified
within 30 days of the close of escrow.
11. That portion of the property being leased to the telecommunication provider shall be permanently
maintained in an orderly fashion through the provision pf regular maintenance, removal of trash or
debris, and removal of graffiti within twenty-four (24) hours from time of occurrence.
12. That no signs, flags, banners, or any other form of advertising shall be attached to the antennas or to
the transmission tower structure.
13. That any required relocation of City electrical facilities shall be at the petitioner's expense. Landscape
andlor landscape screening of all pad mounted equipment shall be required and shall be specifically
shown on plans submitted for building permits.
14. That the applicant shall obtain aRight-of-Way Construction Permit from the Public Works Department
for any work within the public right-of-way, including but not limited to installation of conduit, cable, and
electrical service lines.
15. That the routing of the telco and power runs shall be routed within the property parallel to the existing
property line and then out to the power pole. Pull-boxes shall be required where the conduits change
direction. Said information shall be specifically shown on plans submitted for building permits.
-3- PC2006-
16. That the subject property shall'be developed substantially in accordance with the 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 and as conditioned herein.
17. That prior to issuance of a building permit, or within a period ofbne (1) year from the date of this
resolution, whichever occurs first, Condition Nos: 1, 3, 4, 5, 13 and 15, above mentioned, shall be
complied with. Extensions of further time to complete said conditions may be granted in accordance
with Section 18.60.170 of the Anaheim Municipal Code.
18. That prior to final building and zoning inspections, Condition Nos. 6, 7, 8 and 16, above mentioned,
shall be complied with.
19. 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 equipment.
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 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 applicant is responsible for paying all charges related
to the processing of this discretionary case application within 15 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
May 15, 2006. Said resolution is subject to the appeal provisionssefforth in Chapter 18.60, "Zoning
Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeal
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-4- PC2006-
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 May 15, 2006, 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
2006.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
_5_ PC2006-
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Conditional Use Permit No. 2006-05087
Requested By: EMS REAL ESTATE CONSORTIUM
2711 East Coronado Street
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Date: May 15, 2006
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Q.S. No. 121
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Conditional Use Permit No. 2006-05087
Requested By: EMS REAL ESTATE CONSORTIUM
2711 East Coronado Street
Subject Property
Date: May 15, 2006
Scale: 1" = 200'
O:S. Plo. 121
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Date of Aerial Photo:
Staff Report to the
Planning Commission
May 15, 2006
Item No. 9 ,.._
9a. CEQA NEGATIVE DECLARATION (Motion)
9b. CONDITIONAL USE PERMIT NO: 2006-05087 (Resolution)
SITE LOCATION AND DESCRIPTION:'
(1) .This irregularly-shaped 0:18-acre property has a frontage of 90 feet on the north side of
Coronado Street, a maximum depth of 295 feet; and is located at the terminus of Coronado
.Street (2711 East Coronado Street).
REQUEST:
(2) The applicant requests approval of a conditionat use permiEunder authority of Code.
Section 18.10.030.040.0402 and 18.38.060 to permit (co-locate) six additional antennas
and accessory ground-mounted equipment on an existing legal non-conforming
telecommunication monopole facility.
BACKGROUND:
(3) This property is currently developed with a single story industrial tilt-up building and legal
Hornconforming telecommunications facility and is zoned SP94-1 DA1A (Northeast Area
s Specific Plah -Industrial Area Recycling Overlay Area). The Anaheim Geheral Plar
designates this property and properties to the north; south, and east for Industrial land
uses. The SR-91/57 Freeway interchange is west of the site.
(4) There are no previous zoning actions that pertain to this property.
DEVELOPMENT PROPOSAL:
(5) The applicant proposes to co-locate six additional antennas (six sectors with one antenna
per sector);on an existing 59-foot high legal non-conforming telecommunications monopole`
and associated ground-mounted equipment area This request also includes land use
conformity for the existing 59-foot high telecommunications facility (three ectors with four
ahtennas per sector) and ground mounted'equipment. This existing facility was approved
prior to the'requiremeht of a contlitional use permit for this type of use.
(6) The site plan (Exhibit No. 1) indicates the 59-foot high tower is located near the center of
the'property, approximately 67 feet from Coronado Street and approximately 18 feet from
the west property line (adjacent to the freeway right-of-way).
Srcu p2006-05087jpr.doc
Page 1
Staff Report to the
Planning Commission
May 15, 2006
Item No. 9
(8) The elevation plans ahd photo simulations (Exhibit Nos. 3 and 4) indicate that antennas
would be placed et an operating center 45 feefabove ground level. ;
Page 2
Staff Report to the
', Planning Commission
May 15, 2006.
Item No. 9
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(9) No new landscaping. is proposed as part of this request. Except for the driveway access,
the area between the street and the facility is fully landscaped:-
(10) The antenna layout plan (Exhibit No. 2) indicates the pane( antennas are five (5) feet in
height by one (1) foot in width and four (4) inches in depth: The antennas would be painted
Page 3
Staff Report to the
Planning Commission
May 15, 2006
Item No. 9
to match the existing pole.'Also proposed is 6-inch tall 3-inch wide GPS antenna affixed to
one of the BTS obits within the equipment area. This GPS antenna would be painted to
match the existing equipment The proposed' antennas ahd brackets would be flush-
mounted to the existing pole to minimize visual' impact.
(11) The applicant's supplemental information statement indicates that Royal Street
Communications/Metro PCS is a new wireless carrier to the Southern California region:
This proposal's primary objective is tb dover the vicihitycf SR-91 and SR-57 :Freeways.
There are surrounding sites that are planned that will integrate with this particular site, as
the network develops: As sitesbegin to go "on air', this site will cover a much wider area
than the aforemehtioned street boundaries Coverage and capacity are a function of
distance and network customer usage:
ENVIRONMENTAL IMPACT ANALYSIS:
(12) Staff has reviewed the proposal for a telecommunications facility and the Initial Study (a
copy of which is available for review in the Planning Department) and finds no significant
environmental impact and, therefore,Yecommehds that a Negative Declaration be
approved upon a finding by the Planning: Commission thattte: Negative Declaration reflects
the independent judgment of the lead agency; and that it has considered the proposed
Negative Declaration together with any comments received during the :public review
process and further. finding on he basi5of the Initial Study and any commehts received that.
there is no substantial evidence that the project will have a significant effect on the
environment
EVALUATION:
(13) Telecommunicatiorts facilities and antennas are permitted ih the I Zonesubject to the
approval bf a conditional use'permit and the requirements of Section`18.38.060 pertaining
to telecommunications antennas of Chapter 18.38 (Supplemental Uses).
(14) The recently updated Zoning Code includes design guidelines and requirements for
telecommunication facilities. `Code requires wireless commuhication facilities td be co-
located where tecfinologically feasible'and visually beneficial'. Since this proposal is a co-
location'and the antennas would be flustr-mounted and paihted to match the existing
monopole, staff believes there will be minimal aesthetic impact in the mmediatevicinity.
The equipment for the new facility would be located approximately 74 feet away from
Coronado Street in an area that is fully Jandscaped, further minimizingthe visibility of the
proposed equipment location from public view. Staff feels the co-location on the existing
pole is donsistenfwith intent of the Code to decrease visual'clutter and preserve the
aesthetic quality of the community and therefore,: staff recommends approval of this
request.
FINDINGS:
(15) Before the Planning Commission grants any conditional use permit, it must make a finding
of fact that the evidencepresehted shbws that all of the following conditions exist:
Page 4
Staff Report to the
Planning Commission
May 15, 2006
Item No. 9
(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 18.66.040 (Approval Authority);
(b) That the 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 use is adequate td allow the full
development of the proposed use in a manner not detrimental to the particular area
nor or to health and safety;
(d) That the traffic generated by the proposed use will not impose an undue burden
upon the streets and highways designed .and improved to carry the traffic in the
area; and
(e) That the granting of the conditional use permit under the conditions imposed, if any,.
will not be detrimental to the health and safety of the citizens of the City of Anaheim.
RECOMMENDATION:
(16) Staff recommends that, unless additional or contrary information is received during the
meeting, and based upon the evidence submitted to the Commission, including the
evidence presented in this staff report,. and oral and written evidence presented at the
public hearing; the Planning Commission take the following actions:
(a) ' By motion, approve a Negative Declaration for the project.
(b) By resolutioh, approve Conditional Use Permit No. 2006-05087 to permit (cp-locate).
six additional antennas on an existing legal non-conforming telecommunication
monopole facility and accessory ground mounted equipment, and land use
conformity for the existing 59-foot high telecommunications facility (three sectors
with four antennas per sector) and ground mounted equipment; by adopting the
attached resolution including the findings and conditions contained herein.
Page 5
[DRAFT]
RESOLUTION NO. PC2006--""
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2006-05087 BE GRANTED
WHEREAS, the Anaheim 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 11 1M BLOCK 10 OF THE KRAEMER TRACT, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE; STATE OF CALIFORNIA, AS SHOWN ON MAP
RECORDED IN BOOK 12, PAGES 87 AND 88 OF MISCELLANEOUS RECORDS, IN THE'
OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF THAT CERTAIN PARCEL OF LAND
DESCRIBED AS PARCEL 2 AND ACQUIRED BY THE STATE OF CALIFORNIA, DEED
RECORDED IN BOOK 8063, PAGE 473 OF OFFICIAL RECORDS IN THIS OFFICE OF THE
COUNTY RECORDER OF ORANGE COUNTY;. THENCE ALONG THE SOUTHERLY
PROLONGATION OF THE EASTERLY LINE OF SAID PARCEL 2, SOUTH 01° 32' 22"WEST.
.208.52 FEET; THENCE SOUTH 09° 11' 38" EAST 56.85 FEET TO A TANGENT CURVE
HAVING A RADIUS OF SS.OO FEET IN THE WESTERLY BOUNDARY. OF PARCEL 1 OF
STATE HIGHWAY RELINQUISHMENT NO. 693, RECORDED IN BOOK 9010, PAGE 698 OF
OFFICIAL 'RECORDS OF LAST SAID COUNTY, THENCE NORTHERLY AND EASTERLY.
ALONG THE. BOUNDARY OF SAID PARCEL 1 OF SAID RELINQUISHMENT THROUGH AN
ANGLE OF 89° 0T 18", AN ARC DISTANCE OF 85.65 FEET AND SOUTH 78° 16' 41" EAST.
10.38 FEET TO A POINT WHICH IS ALSO THE NORTHWESTERLY CORNER OF THAT
CERTAIN PARCEL OF LAND DESCRIBED AS PARCEL 1 IN SAID DEED RECORDED IN
BOOK 8063, PAGE 473 OF OFFICIAL RECORDS; THENCE NORTHERLY ALONG THE
NORTHERLY PROLONGATION OF THE WESTERLY LINE OF LAST SAID PARCEL 1,
NORTH 15° 58' 26"WEST TO THE POINT OF BEGINNING.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on May 15, 2006, at 2:30 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
18.66.040.030, 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 applicant's proposal to co-locate six additional antennas (six sectors with one
antenna per sector) on an existing legal non-conforming telecommunication monopole facility and associated
ground mounted equipment area, and land use conformity for the existing 59-foot high telecommunications
facility (three sectors with four antennas per sector) and ground mounted equipment are properly ones for
which a conditional use permit is authorized by Anaheim Municipal Code Section Nos. 18.10.030.040.0402
.and 18.38.060:.
2: That the proposed telecommunications facility would not adversely affect the adjoining land
uses and the growth and development of the area in which it is proposed to be located because the proposal
locates the proposed antennas on an existing telecommunications facility reducing the cumulative visual
clutter of such facilities by using an existing facility as encouraged by Code; and the equipment far the new
Cr\PC2006-0 -1- PC2006-
facility would be located approximately 74 feet from Coronado Street in an area that is fully landscaped,
further minimizing the visibility of the proposed equipment location from public view.
3. That the size and shape of the site is adequate to allow full development of the proposal in a
manner not detrimental to the particular area nor to the health and safety because the telecommunications
facility would be located on an existing telecommunications facility tower. ,
4. That because this is an unmanned facility with infrequent maintenance, the traffic generated
by the proposed use will not, under the conditions imposed, impose an undue burden upon the streets and
highways designed and improved to carry the traffic in the area
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 and that the use will contribute to
an effective wireless communications network system in a manner that would blend in with the existing.
facilities.
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 Planning
Commission has reviewed the proposal to permit (co-locate) six additional antennas on an existing legal non-
conforming telecommunications monopole facility and associated ground mounted equipment area, and land
use conformity for the existing 59-foot high telecommunications facility (three sectors with four antennas per
sector) and ground mounted equipment; 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 commehts received dining the public review process and further
finding on the basis of the initial study and ahycomments received that there is no substantial evidence that
the project will have a significant effect do the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim 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
safety and general welfare of the Citizens of the City of Anaheim:
1. That this telecommunications facility shall be limited to ho more than six (6) sectors with no more than
one (1)panel antenna on each sector, and a 6-inch tall 3-inch wide GPS antenna, on the existing
telecommunications facility and accessory ground-mounted equipment, The six (6) antennas shall be
limited to a height of 48 feet. Said information shall be specifically shown on plans submitted for
building permits. No additional antennas or equipment cabinets shall be permitted without the approval
of the Planning Commission at a noticed public hearing.
2. That the existing telecommunications facility shall be limited to no more than three (3) sectors with no
mare than four (4) panel antennas on each sector and accessory ground-mounted equipment. The
twelve (12) antennas shall be limited to a height of 59 feet; No additional antennas or equipment
cabinets shall be permitted without the approval of the Planning Commission at a noticed public-
hearing.
3. That a final plan shall be submitted to the Planning Services Division, reflecting the following:
o That the antennas shall be finished and painted to match the existing pole structure.
If the finish or color of the pole is modified, the antennas shall be modified
accordingly.
o That the equipment cabinets shall be painted anon-reflectivelglare reducing color to
minimize visibility from the public right of way.
-2- PC2005-
o That the chain link fencing shall be entirely interwoven with PVC, simulated wood
slats, or other durable material permitted by the Zoning Code.
o That all barbed wire/razor wire shall be installed such that it is not visible from the
public right-of-way.
Said information shall be specifically shown on the plans submitted by building permits.
4. That all equipment, including supply cabinets and power meter shall be screened from the public right-
oF-way. Said nfprmation shall be specifically shown on plans submitted for building permits.
5. That the Operator shall ensure that its installation and choice of frequencies will not interfere with in the
800 MHz radio frequencies required by the City of Anaheim to provide adequate spectrum capacity far
public safety and related purposes.
6. That before activating this facility, the Operator shall submit to apost-installation test to confirm that the
facility does not interfere with the City of Anaheim's Public Safety radio equipment. This test shall be
conducted by the Communications Division of the Orange County Sheriffs Department or a Division
approved contractor at the expense of Operator:
7. That the Operator shall provide a 24-hour telephone number to the Planning Services Division (to be
forwarded to the Fire and.Police Departments) to which interference problems may be reported, and
shall resolve all interference complaints within 24 hours.
8. That the Operator shall ensure that any of its contractors, sub-contractors or agents, or any other user
of the facility, shall comply with the terms and conditions of this permit.
9. That should this telecommunication facility be sold, the Planning Services Divisions shall be notified
withih 30 days of the close of escrow_
10. That portion of the property being leased to the telecommunication provider shall be permanently
maintained in an orderly fashion through the provision of regular maintenance, removal of trash or
debris, and removal of graffiti within twenty-four (24) hours from time of occurrence.
11. That no signs, flags, banners, or any other form of advertising shall be attached to the antennas or to
the transmission tower structure.
12. That any required relocation of City electrical facilities shall be at the petitioner's expense. Landscape
andlor landscape screening of all pad mounted equipment shall be required and shall be specifically
shown on plans submitted for building permits.
13. That the applicant shall obtain aRight-of-Way Construction Permit from the Public Works Department
for any work within the public right-of-way, including but not limited to installation of conduit, cable, and
electrical service lines.
14. That the routing of the telco and power runs shall be routed within the property parallel to the existing
property line and then out to the power pole. Pull-boxes shall be required where the conduits change
direction. Said information shall be specifically shown on plans submitted for building permits.
15. That the subject property shall be developed substantially in accordance with the 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 and as conditioned herein.
16. 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, 3, 4, 12 and 14, above mentioned, shall be
complied with. Extensions of further time to complete said conditions may be granted in accordance
with Section 18.60.170 of the Anaheim Municipal Code.
_3_ PC2006-
17. That prior to final building and zoning inspections, Condition Nos. 5, 6, 7 and 15, above mentioned,
shall be complied with.
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 equipment.,
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 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 applicant is responsible for paying all charges related
to the processing of this discretionary case application within 15 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 atthe Planning Commission meeting of
May 15, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60., "Zoning
Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeal
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 May 15, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:-
1N WITNESS WHEREOF, I have hereunto set my hand this' day of
2006.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-4- PC2006-
Item No. 10
I
RCL 53-54-19
ANAHEIM UNION
HIGH SCHOOL DISTRICT
Anaheim Plaza
Redevelopment Area
I
RCL 53-54-19
T-VAR 2002-04509
VAR 2002-04484
SMALL IND.
FIRMS
RCL 53-54-19
CUP 3070
VAR 3404
SMALL IND. FIRMS
I
RCL 53-54-19
VAR 3404
SMALL IND. FIRMS
PENHALL WAY
I
RCL 51-52-3 U.S. POSTAL
IND. BLDG. FACILITY
J
:,,, ''
ri;,,...~4 Subject Properly
Conditional Use Permit No. 2006-05085
Requested By: THE ROMAN BISHOP OF ORANGE
412 North Crescent Way
Date: May 15, 2006
Scale: 1" = 200'
Q.S. No. 46
to6ao
ADJ 0117
CUP 2001-04374)
S .THOMASKOREAN
CATHOLIC CENTER
I
RCL 65-66-6fi
RCL 53-54-19
PENHALL COMPANY
0
0
v
I
RCL 65-6E66
RCL 53-5419
PENHALL COMPANY
Dale of Aerial Photo:
Julv 2005
Conditional Use Permit No. 2006-05085
Requested By: THE ROMAN BISHOP OF ORANGE
412 North Crescent Way
Subject Property
Date: May 15, 2006
Scale: 1" = 200'
Q.S. No. 46
10040
Staff Report to the
Planning Commission
May 15. 2006
Item No. 10
10a. CEQA NEGATIVE DECLARATION (Mdtion)
10b. CONDITIONAL USE PERMIT NO. 2006-05085 (Resolution)..
SITE LOCATION AND DESCRIPTION:.:
{1) This irregularly-shaped 4.8-acre parcel has a frontage of 670 feet on the east side of
Crescent Way, a maximum depth of 468 feet and is located 400 feet north of the centerline
of Penhall Way (412 North Crescent Way).
REQUEST:
(2) The applicant requests approvafof a conditional use permit under authprity of Code
Section Nos. 18.10.030.040.0402 and 18.38.060 to permit a telecommunications facility on
an existing lattice tower with accessory ground-mounted equipment.
BACKGROUND:
(3) This property is currently developed with ah existing church and is zoned I (Industrial). The
Anaheim General Plan designates this property for Low-Medium Density Residential land
uses. The property to the west is designated for Low-Medium Density Residentialland
uses, to the south and east for'Industrial land uses, and to the north is the Santa Ana (I-5)
Freeway.
PREVIOUS ZONING ACTIONS:
(4) The following zoning actions have occurred on the subject property:
(a) Conditional Use: Permit No. 2006-05075 (to permit a new:15,502 square foot church
and to convert an existing 29,100 square foot building into meeting rooms; youth
center ahd administrative offices with waiver of minimum number of parking spaces).
is scheduled foF the May 15, 2006, Planning Commissidn meeting.'
(b) Conditional Use Permit No. 3724 (to permit an' approximately 29,100 square foot
church facility within an existing building in the Industrial Zone) was approved by the
Planning Commissidn on November 14, 1994. On April 24; 2000, a request to allow
the use of a storage building fdr social use after church (Tracking Noi CUP2000-
04210) was approved by the Planning Commission: A request to permit the
placement of two modular units for religious education (Tracking No. CUP2001-
04374) was withdrawn by the applicant on July 16 200E
', {c) Administrative Adjustment No. 117 (to permit a 6-foot high wrought iron fence with
pilasters) was approved by Zoning Administrator on December 5, 1996.
Sr2006-05085k1w.doc
Page 1
Staff Report to the
Planning Commission
May 15, 2006:
Item No. 10
DEVELOPMENT PROPOSAL:
(5) The applicant proposes to oohstruct telecommunications antennas consisting of six (6)
sectors with one (1) panel antenna on each sector, on an ezisttng 100-foot high. lattice
tower. This request also includes aground-mounted accessory equipment shelter located:
directly beneath the owes within a 324: squarefoot lease area:
(6) The site plan (Exhibit No: 1) indicates the 100-foot high tower is located at the northern
portion of the property; adjacent to the parking lot for the existing church; approximately
250 feet west of Crescent Way and south of the Interstate 5 Freeway.
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Staff Report to the
Planning Commission
May 15, 2006
Item No. 10
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E levation of the proposed antennas Photo-simulation of proposed antennas
(8) The site plan does not propose any additional landscaping. A site visit indicated an existing
six (ti) foot high wrought iron fence around the lattice tower adjacent to the parking lot,
approximately 250 feet from the'driveway from C~escentAvenue. Staff recommends the
addition of shrutis in frontof the wrought iron fence or other solid material bn the fence to
screeh the proposed accessory.ground-mounted equipment.
Page 3
Staff'Report to the
Planning Commission
May 15, 2006
Item No. 10 _..
a much wider area than the aforementioned street boundaries. Coverage and capacity are
a function of distance and network customer usage.
ENVIRONMENTAL IMPACT ANALYSIS:
(12) Staff has reviewed the proposal to permit a telecommunications facility on an existing
lattice tower with .accessory ground-mounted equipment and the Initial Study (a copy of
which is available for review in the Planning Department) and finds no significant
environmental impact and, therefore, recommends that a Negative Declaration be
approved upon a finding by the Planning Commissidn hat the Negative Declaration reflects
the independentjudgment of the lead agency; and that it has considered. the proposed
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.
EVALUATION:
(13) Telecommunications facilities and antennas are permitted in the 1 Zonesubject to the
approval of a conditional use permit and the requirements of Section 18.38.060 pertaining
to telecommunicatiphs ahtennas of Chapter 18.38 (Supplemental Uses).:
(14) The recently updated Zoning Code includes design guidelines and requirements for'
telecommunication facilities.: Code requires wireless communication facilities to be co-
located where technologically feasible and visually beneficial, Staff feels "stealth"
installations and installations on existing lattice tdwers are the best alternative td decrease.
visual clutter and preserve the aesthetic quality df the community. The proposed facility is
located at the Year of an existing churcFahd neighbors industrial properties, and staff feels
co-locating on the existing lattice tower is the best alternative to decrease visual clutter and
preserve the aesthetic quality of the community, therefore staff recommends a royal of
this request.
FINDINGS:
(15) Before the Planning Commission grants any conditional use permit, it must make a finding
of fact that the evidence presented shows that all of the following conditions exist::
(a) That the proposed use is properly one for which a conditional use permit is
authorized by the Zoning Code, or is an unlisted use as defined in Subsection .030
(Unlisted Uses Permitted) of Section 18.66.040 (Approval Authority);
(bp That the proposed use will not adversely affect the adjoining land uses and the
growth and development of the area in which it is proposed to be located;
(c) That the size and shape of the site for the proposed use is adequate to allow the full
development of the proposed use ih a manner not detrimental to the particular area
', nor health and safety;
Page 5
Staff Report to the
Planning Commission
May 15. 2006
Item No. 10
(d) That the traffic generated by the proposed use will not impose an undue burden
upon the streets and highways designed and improved to carry the traffic inlhe
area; and
(e) That the granting of the conditional use permit under the conditions imposed, if any,
wilt not be detrimental to the health and safety of the citizens of the City of Anaheim.
RECOMMENDATION:
(16) Staff recommends that, unless additional or contrary information is received during the
meeting; and based upon the evidence submitted to the Commission, including the
evidence presented in this staff report; and oral and written evidence presented at the
:..public hearing; the Planning Commission take the following actions;
(a) By motion, approve a Negative Declaration for the project.
(b) By resolution, approve Conditional Use Permit No. 2006-05085 to permiYa
telecommunications facility on an existing lattice tower with accessory ground-
mounted equipmeht;'by adopting the: attacfied resolution including the findings and
conditions contained herein.
Page 6
[DRAFT]
RESOLUTION NO. PC2006--""'
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2006-05085 BE GRANTED
WHEREAS, the Anaheim 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 THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 8,
TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN
ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:.
BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF THE SAID WEST HALF
OF THE SOUTHEAST QUARTER OF SECTION 8 WITH THE SOUTHWESTERLY LINE OF
THE SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY, 70.00 FEET WIDE,. THENCE
ALONG THE SAID EASTERLY LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER
OF SECTION S, SOUTH 0° 08' 3T+ EAST 412.72 FEET; THENCE AT RIGHT ANGLES
SOUTH 89° 51' 23" WEST 400.00 FEET; THENCE NORTH 0° 08' 37"WEST 676.28 FEET TO
THE SAID SOUTHWESTERLY LINE OF SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY; ,
THENCE ALONG THE SAID SOUTHWESTERLY LINE OF SOUTH 56° 45' 46" EAST 479.00
FEET TO THE POINT OF BEGINNING.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the.
City of Anaheim on May 15, 2006, at 2:30 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 applicant's proposal to permit a telecommunications facility on an existing
transmission tower with accessory ground-mounted equipment is properly one for which a conditional use
permit is authorized by Anaheim Municipal Code Section Nos. 18.10.030.040.0402 and 18.38.060.
2: .That the proposed telecommunications facility would not adversely affect the adjoining land
uses and the growth and development of the area in which it is proposed to be located because the proposal
locates the proposed antennas on an existing lattice tower 250 feet from the closest public street reducing
the cumulative visual clutter of such facilities by using existing infrastructure.
3. ' That the size and shape of the site inadequate to allow full development of the proposal in a
manner not detrimental to the particular area nor to the health and safety because the telecommunications
facility would be located on an existing lattice tower with minimal new equipment.
4. That because this is an unmanned facility with infrequent maintenance, the traffic generated
by the proposed use will not, under the conditions imposed, impose an undue burden upon the streets and
highways designed and improved to carry the traffic in the area
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 and that the use will contribute to
an effective wireless communications network system in a manner that would blend in with the existing.
facilities.
Cr\PC2006-0 -1- PC2006-
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 Planning
Commission has reviewed the proposal to permit a telecommunications facility on an existing1attice tower
with accessory ground-mounted equipment; 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, SE IT RESOLVED that the Anaheim Plahning 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 telecommunications facility shall be limited to rid mdse than six (6) sectors with no more than
one (1) panel antenna on each sector on the existing lattice tower and accessory ground-mounted
equipment. 'The six (6) antennas shall be limited to a to an operating center height of 61 feet. No
additional antennas or equipment cabinets shall be permitted without the approval of the Planning.
Commission ata noticed public hearing. Said information shall be specifically shown on the plans
submitted by building permits:
2. That the antennas shall be finished and painted to match the existing lattice tower structure. If the finish
or color of the tower is modified, the antennas shall be modified accordingly. Said information shall be
specifically shown on the plans submitted by building permits:
3. That that ground-mounted equipment shall be located entirely behind the existing 6-foot high wrought
iron fence and the cable connecting to the equipment shall be underground and shall not be visible to
the public. Said information shall be specifically shown on plans submitted for building permits.
4. That all equipment, including supply cabinets and power meter shall be screened from the public right-
of-way. Said information shall be specifically shown on plans submitted for building permits.
5. That the Operator shall ensure that its installation and choice of frequencies will not interfere with in the
800 MHz radio frequencies required by the City of Anaheim to provide adequate spectrum capacity for
public safety and related purposes. -
6. That before activating this facility, the Operator shall submit to apost-installation test to confirm that the
facility does not interfere with the City of Anaheim's Public Safety radio equipment. This test shall be
conducted by the Communications Division of the Orange County Sheriffs Department or a Division
approved contractor at the expense of Operator.
7. That the Operator shall provide a 24-hour telephone number to the Planning Services Division (to be
forwarded to the Fire and Police Departments) to which interference problems may be reported., and
shall resolve all interference complaints within 24 hours.
8. That the Operator shall ensure that any of its contractors, sub-contractors or agents, or any other user
of the facility, shall comply with the terms and conditions of this permit.
9. That should this telecommunication facility be sold, the Planning Services Divisions shall be notified
within 30 days of the close of escrow.
10. That any required relocation of City electrical facilities shall be at the petitioner's expense. Landscape
and/or landscape screening of all pad.mounted equipment shall be required and shall be specifically
shown on plans submitted for building permits.
-2- PC2006-
11. That the applicant shall obtain aRight-of-Way Construction Permit from the Public Works Department _
for any work within the public right-of-way, including but not limited to installation of conduit, cable, and
electrical service lines.
12. That the routing of the telco and power runs shall be routed within the property parallel to the existing
property line and then out to the power pole. Pull-boxes shall be required where the conduits change
direction. Said information shall be specifically shown on plans submitted for building permits.
13. That portion of the property being leased to the telecommunication provider shall be permanently
maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of
trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence.
14. That no signs, flags, banners, or any other form of advertising shall be attached to the antennas or to
the transmission tower structure.
15. That a final plans indicating the existing 6-foot high decorative wrought iron fence with the addition of
solid screening to screen the equipment. Said information shall be specifically shown on plans
submitted for building permits. Any decision by staff regarding said plans may be appealed to the
Planning Commission as a Reports and Recommendations item.
16. That the subject property shall be developed substantially in accordance with the 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 7 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, 10, 11, 12, and 15, above mentioned, shall
be complied with. Extensions of further time to complete said conditions may be granted in accordance
with Section 18.60.170 of the Anaheim Municipal Code.
18. That prior to final building and zoning inspections, Condition Nos. 5, 6, 7, and 16, above mentioned;
shall be complied with.
19. 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 equipment.
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 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 applicant is responsible for paying all charges related
to the processing of this discretionary case application within 15 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.
-3- PC2006-
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
May 15, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeal
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 May 15, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
fN WITNESS WHEREOF, I have hereunto set my hand this ' day of
2006.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-4- PC2006-
Item No. 11
i
RCL 53-54.19
ANAHEIM UNION
HIGH SCHOOL DISTRICT
ANAHEIM PLAZA
REDEVELOPMENT AREA
U
O
a
27
19
1
RCL 53-54-19
T-VAR 2002-04509
VAR 2002-04484
SMALL IND.
FIRMS
I
RCL 53.54-19
CUP 3070
VAR 3404
SMALL IND. FIRMS
I
RCL 53-54-19
VAR 3404
SMALL IND. FIRMS
eri ce ce ~n
0
...._ I i. s:ca:~
RCl 53-54-19
CUP 2006-05075
CUP 2006-05065
T-CUP 2000-04211
ADJ 0117
(T-CUP 2001-04374)
ST. THOMAS KOREAN
CATHOLIC CENTER
RCL 65-66-66
RCL 53-54-19
PENHALL COMPANY
R:
1DU
I
RCL 51-52-3 U.S. P
IND. BLDG. FAC
o°
v
I
RCL 65-66-66
RCL 53-54-19
PENHALL COMPANY
PENHALL WAY
//p~\
I RCL 51-52-3 ~pJ
I
RCL 53-54-19 RCL 51-52-3 T-CUP 2004-0490
CUP 2746 CUP 4051
Conditional Use Permit No. 2006-05075 _ Subject Property
Date: May 15, 2006
Scale: 1" = 200'
Requested By: DIOCESE OF ORANGE Q.S. No. 46
412 North Crescent Way - St. Thomas Korean Catholic Church
10036
Date of Aerial Photo:
Conditional Use Permit No. 2006-05075
Requested By: DIOCESE OF ORANGE
412 North Crescent Way - St. Thomas Korean Catholic Church
Subject Property
Date: May 15, 2006
Scale: 1" = 200'
Q.S. No. 46
10038
Staff Report to the
Planning Commission
May 15, 2006
', Item No. 11
11 a. CEQA NEGATIVE DECLARATION (Motion)
11 b. WAIVER OF CODE REQUIREMENT (Motion)
11c. CONDITIONAL USE PERMIT N0. 2006-05075 (Resolution)
SITE LOCATION AND DESCRIPTION:
(1) This irregularly-shaped 5-acre property has a frontage of 670 feet on the east side of
Crescent Way, a maximum depth of 468 feet, and is located 400 feet north of the centerline.
of Penhall Way (412 North Crescent Way.- St. Thomas Korean Catfiolic Church).
REQUEST:
(2) The applicant requests approvalbf a Conditional Use Permit uhder authority of Code
Section 18.10.030.040.0402 td expand an existing church to permit a new 15.,502 square
foot church and to convert an existing 29,100 square foot building into meeting rooms, a
youth center and administrative offices with waiver of:
SECTIOtJ N0. 18.42.040.010 " Minimum number of parking spaces
377 required; 339 proposed and recommended
by the. City's Independent Traffic Consultant)
BACKGROUND:
(3) The property is currently developed with an existing church and is zoned I (Industrial) and
contains a 100 foot high telecommunications facility; a storage building and an abandoned
water well (the storage'building and water well will both be demolished as part of the
project):. The Anaheim General Plan designates this property for Low-Medium Density
Residential land uses:. The property td the west is designated for Low-Medium Density
Residential land uses, to the south and east for Industrial land uses and to the north is the I-
5 (Santa Ana) Freeway.
PREVIOUS ZONING ACTIONS:
(4) The following zoning actions have occurred on the subject property:
a) Conditional Use Permit No. 2006-05085 (to permit a telecommuhications facility on an
existing lattice tower with accessory ground-mounted equipment) is scheduled for the
May 15, 2006, Planning Commission meeting.
b) Conditional Use Permit No. 3724 (td permit an approximately 29,100 square foot
church facility within an existing building in the Industrial Zone) was approved by the
Planning Commission on November 14, 1994. Oh April 24, 2000, a request to allow
the use of a storage building for social activities after church (Tracking No. CUP2000-
04210) was approved by the Planning Commission. A request to permit the placement
of two modular units for religious education (Tracking No. CUP2001-04374) was
withdrawn by the applicant on July 16 200E
c) Administrative Adjustment No. 117 (to permit a 6-foot high wrought iron fence with
pilasters) was approved by Zoning Administrator on December 5, 1996.
s rcup2006-05075dmh.doc
Page 1
Staff'Report to the
Planning Commission
May 15, 2006
Item No. 11
View of existing. church from Crescen4 Way
DEVELOPMENT PROPOSAL:
(5) The site plan (Exhibit No. 1) indicates the following proposed setbacks for the new church
building; ;
.......Page 2
Staff Report to the
Planning Commission.
May 15, 2006
Item No. 11
a -< ,~ ~. ~, ~ ' ~
Staff Report to the
Planning Commission
May 15, 2006
Item No. 11
(8) The site plan and landscape plan (Exhibit Nos, 1 and 8) intlicate that Star Jasmine and
Escalionka would ba used for groundcover throughout the project with the following trees
alon ro ert Iknes:
Setback . Number of Trees Number Required Type.
Pro osed
Crescent Way 34 34 (1 per 20 lineal Southern
feetofstreet Maghoiia, Icee
frontage) Blue Yellow Wood,'.
artd Canary Island':
Pine
North Property 5 None Fem Pine
Line
East Pro ert Line 22 None:: Fern Pine trees
South Property c 15 None Brisbane Box or
Line Canary Island Pine
and Evergreen
Pear trees
The existing above ground utility equipment located along Crescehf Way will be screened
with Xylosma shrubs or Podocarpus trees. Queen`Palm trees would be used as accent
trees adjacent to the proposed church. Plans further kndicate that in cdmpliance with Code'
requirements, trees consisting of Bribane Box and'Canary island Pine with StaCJasmine ?
`ground cover would provided in planterareas throughout the parking lot.
(9) ;The site plan (Exhitiit No.1) indicates thak no new fencing is proposed and the existing
fencing' is proposed o remain: Existing fencing along the north property line adjacent to
the I-5 Freeway and railroadis approximately 290 feet of 8-foot high tilock wall along the
easterly end ahd 189 feet of 5-foot high chain link. fence closer to Crescent Way:' Along the
east property lihe is a 5-foot high chain link fehce, and along the sbuthpropertylihe is a 4-
foot high chain link fence. Adjacent to the west property liha along Crescent Way is a 6-
foofhigh wrought iron fence with brickpilasters that was previously approved by
Administrative Adjustment No 117.° Code does hbt require any fencing abutting the
adjacent industrial uses along the east and sduthproperty line. However, Code requires
adjacent to tha railroad right-of-way eithera 6 to 8 foot highdecorative masonry or
chainlink fence interwoven with PVC slats: Staff is recommending as a condition of
approval that due to the high visibility of the existing chain link fence from the I-5 Freeway
and Crescent Way, thak tfie existing chain .link fence along tfie north prdperty line be
modified to add PVC slats as7equired by Code and further that the chain link fence be
-replaced with a blocKwall to match the existing waliwithin twb years from the'approval of
the church expansion.
(10) Vehicular access to the site is provided via three driveways from Crescent Way. Plans
propose a total of 339 pn-site parking spaces for thisproperty 1t should be noted that there
is an area adjacent to the north side of the proposed church building to be used only for
priest parking which dbes not meet Code due to the one-way only access aisle width.
These spaces were not included in the. parking count. Staff has adtled a condition of
approval requiring the applicant provide a signage or fencing plan to imit access lento this
parking area td staff only. Code requires 377 spaces based bn the fbllowing:
Use ~ r Squire Feet
G s.f. Code Pbrk)ng Requirement ,
rmrY;000. :f .~~: Parking f2equfred
>
Sanctuary (assembly) 10,117:. 29 spaces per 1,000 square feet of 294 (square
990 fixed assemblyarea or 0.333 space per footage)
seats < fixed seat whichever is rester 330 fixed seats
Storage 1,005 1.55 spaces per 1,OOD square feet 2
Page 4
Staff Report to the
Planning Commission
May 15, 2006
Item No. 11
Office 3,078 4 paces per 1,000 square feet 12
Meeting Rooms 7,530 4 spaces per 1,000 square feet 30
Classrooms* 8,871 N/A for Sunday Schools N/A
Living Area for Priest 3-bedrooms 3 spaces per 3-bedroom units 3
1,779 s.f:
Restrooms; lobbies, mechanical .12,222 s.f: N/A N/A
rooms, bddes rooms hallways,
choir practice`room vestibule,
reconciliation room, priesf sacdsty,
mulit-media ~opm "
15,502 square feet of new construction, Total: spaces required ' 377
!44,602 totals uare foots e
' Catle does notrequire any parking forthe accessary Sunday school dassrocros, restrooms, lobbies or hallways
:'mechanical rooms or otheinon-assembly church areas.
(11) 'There are no proposed changes to the existing church activities and hours of operation
with the expansion: The attached letter of operation indicates all the times and activities
that occur on-site, :The purpose of the expansion is to construct a building designed for
church services and provide more room for the existing activities that occur on-site. The
appl(canf has indicated that there are Sunday church services, daily administration
functions with approximately four employees pershift, religious and youth activities on
Saturdaymornings, Sunday schopl for children and evening meetings:. There are also
special services such as weddings (almost always on Saturdays), baptisms once a month
on Sundays, funerals (usually do weekday mornings) and fund-raising fiestas (once or
twice a year).: Since this church is located within an industrial area, activities thet may
run into the later hours of the night have not adversely impacted any: adjacent land uses
as evidenced by the lack of Commuhity,Preservation complaints. The hours bf operation
are as follows:
Office Monday through Friday 8:30 a.m. to 5:30 p.m.
Church Sunday 8:00 a.m. to 9:00 a.m.
9130 a:m td 10130 a:m:
71:30 a.m to 12:30 p.m.
Monday through Wednesday' 9:00 a.m. to 9:30 a.m. Mass
8:30 to 9:30 a.m. Hour of Prayer
Friday:. 7:00 p.m, to 7:30 p.m. Confessions
7:30 p.m.`to 8:00 p.m. Mass
Saturday. 7;30p.m. to 8:30 p.m. Mass
(12) No new signage plans havebeen submitted however the existing freestanding sign
(Exhibit No. 10) es shown in the following photograph would be retained.
Page 5
Staff Report to the
Planning Commission
May 15, 2006
Item No. 11
The church will supply sufficient parking pnsite to meet the parking needs of the
site.
(b} That the waiver, under the conditions jmposed, if any; will not increase the demand
and competition for parking spaces upon the public streets in the immediate vicinity
of the proposed use.
The church will provide adequate parking on-site. Nb off-site parking along the
public street, North Crescent Way and Penhall Way will be needed.
(c) That the waiver, under the conditions imposed, if any, will not increase the demand
for parking spaces upon adjacent private property in the immediate vicinity of the
proposed use.
The church will provide adequateparking on-site and no overFlow parking is
anticipated to occur upon adjacent private property.
(d) That the waiver, under the cohditions imposed, wilt not increase traffic congestion
within the off-street parking areas or lots provided for such user
The church will provide adequate parking bn-site, and the driveways on North
Crescent Way will function properly such that there wilt notbe any increase in
congestion.
(e) .That the waiver, under the conditions imposed, wilf not impede vehicular ingress to
or egress from adjacent properties upon the public streets in the immediate vicinity
bf the proposed use.
The church will provide adequate parking on-site, and its drive aisles will be.
adequate to allow vehicles to enter in such a manner that no vehicles will impede
vehicularingress to or egress from the adjacent properties'alongNorth Crescent
.Way, it is further noted; that the adjacent 6usinessesare industrial in nature, and
do not generally have coincident activities. The church generally operates on
Sunday morning; when these businesses are closed:'
(16) The property is currently developed with an existing church and the proposed expansion
complies with all aspects of the zoning code with the exception of the minimum parking
requirements, which hasbeen justified with a parking study: The proposed expansion
complements the existing structures and provides adtlitional space for the needs of the
existing church:: In addition, the on-site landscaping will be brought up to current code
standards as apart of this request;'resulting in art enhancement td the site. Since the
peekbperations of the church would occur when other industrial business in the area are
typically not operating, and the parking studyprovides evidehce that the parking demand
for the church can be satisfied on-site, the expansion would not adversely affect adjoining
land Uses or impose an undue burdenupon the'streets and highways designed to carry
the trafficin the area! The request would: propose a building that is aesthetically pleasing
and compatible with the existing structures on the property and therefore, staff
recommends a~oroval of this conditional use: permit.
FINDINGS:
(17) Section 18.42.110 of the parking code sets forth the following findings which are required.
to be made before a parking waiver is approved by the Planning Commission:
Page 7
Staff Report to the
:Planning Commission
May 15, 2006
Item No. 11
', (a) That the waiver, under the coriditiens imposed, if any, will not cause fewer off-
street parking spaces to be provided for such use than the number of such spaces
necessary to accommodate all vehicles attributable to such use under,the normal
and reasonable foreseeable conditions'of operation of such use.
(b) That the waiver, under the conditions imposed, if any; will not increase the demand
and competition for parking spaces upon the public streets in the immediate vicinity
of the proposed use:
(c) That the waiver, under the conditions imposed, if any, will not increase the demand
for parking spaces upon adjacent private property in the immediate vicinity of the
_proposed use.
(d) That the waiver, under the conditions imposed, will not increase traffic congestion
within the off-street parking areas or lots provided for such use.
(e) That the waiver, under the conditions imposed; wilt not impede vehicular ingress to
or egress. from adjacent properties upon the public streets. in the immediate vicinity.
of the proposed use.
Unless conditions to the contrary are expresslyJmposed upon the granting of any waiver
pursuant to this section; the granting of the waiver shall: be deemed contingentLpon
operation of the. proposed use in`conformancewith the assumptions relating to the
operation and intensity of the use as contained in the Parking Demand Study that formed
the basis for approval of the waiver: Exceeding,.violating, intensifying br otherwise
deviating from. any of the assumptions: as contained in the Parking Demand Study shalt
be deemed a violation of the express conditions jmposed upon the waiver, which shall
subject the waiver to revocation or modification pursuant to the provisions of Section
18.60.200(City-Initiated Revbcation'or Modification of Permits).
(18) Before the Commission grants any conditional use permit, tt must make a finding of fact
that the evidence presented shows that all of the folldwing conditidns exist:
(a) That the Use is properly one for which a conditional use permit is authorized by the
Zoning Cade, or is an unlisted use as defined in Subsection .03p (Unlisted Uses
Permitted) of Section 18.66.040 (Approval Authority);
(b) :That the 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 for the use is adequate to allow the full
r> development of the proposed use in a manner nofdetrlmental to the particular area
orto the health and safety;
(d) That the traffic generated by the use wiH not impose an undue burden upon the
c streets and highways designed and improved to carry the traffic in the area; and
(e) That the granting of the conditional use permit under the conditions imposed, if
any; will not be detrimental to the health and safety of the citizens of the City of
Anaheim.
Page 8
Staff Report to the
Planning Commission
May 15, 2006
Item No. 11
RECOMMENDATION:
(19) Staff recommends that, unless additional or contrary information is received during the
meeting, and based upon the evidence submitted to the Commission, including the
evidence presented in this staff report, and oral and written evidence presented at the
public hearing, that the Planning Commission approve the applicant's request by taking
the following actions:
(a) By motion, approve a CEQA Negative Declaration for the project.
(b) By motion, approve the waiver of minimum number of parking spaces based on
the findings summarized in paragraph (15) of this report..
(c) By resolution, approve Conditional Use Permit No. 2006-05075 byadopting the
attached resolution including the findings and conditions contained herein_
Page 9
[DRAFT]
RESOLUTION NO. PC2006--°°`
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2006-05075 BE GRANTED
(412 NORTH CRESCENT WAY)
WHEREAS, the Anaheim 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 THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION B,
TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN
ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS. RECORDS
OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF THE SAID WEST
HALF OF THE SOUTHEAST QUARTER OF SECTION 8 WITH THE SOUTHWESTERLY.
LINE OF THE SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY, 70.00 FEET WIDE;
THENCE ALONG THE SAID EASTERLY LINE OF THE WEST HALF OF THE SOUTHEAST
QUARTER OF SECTION 8, SOUTH 0° 08' 37" EAST 412.72 FEET; THENCE AT RIGHT
ANGLES SOUTH 89° 51' 23" WEST 400.00 FEET; THENCE NORTH 0° OB' 37" WEST.
676.28 FEET TO THE SAID SOUTHWESTERLY LINE OF SOUTHERN PACIFIC RAILROAD
RIGHT-OF- WAY; THENCE ALONG THE SAID SOUTHWESTERLY LINE SOUTH 56 ° 45'
46" EAST 479.02 FEET TO THE POINT OF BEGINNING.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on My 15, 2006, at 2:30 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 proposed request to expand an existing church. to permit a new 15,502 square foot
church and to convert an existing 29,100 square foot building into meeting rooms, youth center and
administrative offices is properly one for which a conditional use permit is authorized by Anaheim Municipal
Code Section 18.10.030.040.0402 with the following waivers:
SECTION NO. 18.42.040.010 Minimum number of oarking spaces
(377 required; 339 proposed and recommended by
the City's Independent Traffic Consultant)
2. That the parking waiver is hereby approved based upon a parking analysis prepared by the
City's Independent Traffic Engineer providing evidence that adequate parking exists on the property for the
expanded church facility on the site.
3. That the parking waiver, under the conditions imposed, if any, will not cause fewer off-street
parking spaces to be provided for the church and accessory operations than the number of such spaces
necessary to accommodate all vehicles attributable to such use under the normal and reasonable.
foreseeable conditions of operation of the church and accessory operations because the parking study
indicates that the peak parking demand for off-street parking spaces is lower than the quantity provided for
the project site 227 spaces needed and 339 spaces proposed).
Cr1PC2006- -1- PC2006-
4. That the parking waiver, under the conditions imposed, if any, will not increase traffic
congestion and will not increase the demand and competition for parking spaces upon the public streets in
the immediate vicinity of the use because the church expansion will have adequate parking to accommodate
the project's peak parking demands.
5. That the parking 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
because as indicated in the parking study, adequate parking to accommodate the anticipated project peak
parking demand will be provided on-site.
6. That the parking waiver, under the conditions imposed if any, will not impede vehicular
ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the
proposed use because the project site is physically separated from adjacent private properties. Furthermore,
it has been determined by the parking study that adequate on-site parking spaces are being provided.
7. That since the peak operations of the church would occur when other industrial business in
the area are typically not operating, the expansion would not adversely affect adjoining land uses or or the
growth and development of the area in which it is proposed to be located.
8. That the proposed church expansion would not impose an undue burden upon the streets
and highways designed to carry the traffic in the area as the parking study has demonstrated that the site
can accommodate the combined uses on-site;
9: That the size and shape of the site far the use is adequate to allow the full development of
the proposed use in a manner not detrimental to the particular area or to the health and safety as
demonstrated by compliance with code requirements for the proposed building.
10. That the granting of the conditional use permit under the conditions imposed, if any, will not
be detrimental to the health and safety of the citizens of the City of Anaheim.
11. That "" people indicated their presence at said public hearing in opposition; and that no
correspondence was received prior to the meeting.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Planning Commission
has reviewed the proposal expand an existing church to permit a new 15,502 square foot church and to
convert an existing 29,100 square foot building into meeting rooms, youth center and administrative offices
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 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
heath and safety of the Citizens of the City of Anaheim:
1. That this religious institution with amulti-purpose building, school and administration offices shall
operate consistent with assumptions contained in the approved parking study. If at any such time the
operational characteristics of the church change, a detailed description of the operational changes
shall be submitted for review by the City's Traffic and Parking Consultant to determine if the changes
would cause fewer off-street parking spaces to be provided than the number of spaces provided on
site. If it is determined the expected demand is greater than the spaces provided on site., an
application for modification of the conditional use permit shall be submitted to the Planning Services
Division for approval by the Planning Commission.
-2- PC2006-
2. That this facility shall not be used as a private daycare, nursery, elementary, junior and/or senior high
school. Said information shall be specifically shown on plans submitted for building permits.
3. That no portable signs shall be utilized to advertise the church.
4. Any additional signs shall be submitted to the Planning Services pivision for review and approval. Any
decision by staff regarding signs may be appealed to the Planning Commission as a "Report and
Recommendation' item.
5. That the property shall be permahently maintained in an orderly fashion through the provisions of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four
(24) hours from time of occurrence.
6. That by May 15, 2008, the chain link fence along the north property line shall be replaced with a
masonry wall.
7. That 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:..
o 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:
o Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area
Management Plan.
Incorporates Treatment Control BMPs as defined in DAMP.
m Describes the long-term operation and maintenance requirements for the Treatment Control
BMPs.
m Idehtifies the entity that will be responsible for long-term operation and maintenance of the
Treatment Control BMPs, and describes the mechanism for funding the lortg-term operatidn and
maintenance of the Treatment Control BMPs..
8. That prior td issuahce df a 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.
m Demonstrate that the applicant is :prepared to implement all non-structural BMPs described in the
Project WQMP.
o Demonstrate that an adequate number of copies of the approved Projects WOMP are available
onsite_
e Submit for review and approval by the City an Operation and Maintenance Plan for all structural
BMPs.
9. That prior to demolition of any existing buildings a demolition permit shall be obtained from the Building
Division.
10. That plans shall be submitted to the City Traffic and Transportation Manager for his review and
approval in conformance with the Engineering Standard No. 115 pertaining td sight distance visibility
for any sign or wall/fence location.
11. That the locations for future above-ground utility devices including, but not limited to, electrical
transformers, water backflbw devices, gas, communications and cable devices, etc., shall be shown on
-8- PC2006-
plans submitted for building permits. Plans shall also identify the specific screening treatments of each
device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.).
12. That all requests for new water services or fire lines, as well as any modifications, relocations, or
abandonment's of existing water services and fire lines, shall be coordinated through Water
Engineering Division of the Anaheim Public Utilities Department
13. That since this project has a landscaping area exceeding 2,500 square feet; a separate irrigation meter
shall be installed in compliance with Chapter 10.19 of the Anaheim Municipal Code. Said information
shall be specifically shown on plans submitted for building permits.
14. That all existing water services and fire lines shall conform to current Water Service Standards
Specifications. Any water service and/or fire line that does not meet current standards shall be
upgraded for continued use if necessary or abandoned if the existing water service is no longer
needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water
service of fire line.
15. That all backflow equipment shall tie located above ground and outside of the street setback area in a
manner fully screened from all public streets. Any backflow assemblies currently installed in a vault
shall be brought up to current standards. Any other large water system equipment shall be installed to
the satisfaction of the Water Engineering Division in either underground vaults or outside of the street
setback area in a manner fully screened from all public streets and alleys. Said information shall be
specifically shown on plans and approved by the Water Engineering Department,
16. That the legal property owner shall irrevocablydffer todedicate to the City of Anaheim (Water
Engineering Division) an easement twenty (20) in width for waters service mains and or an easement
for large meter and other public facilities..
17. That plans shall be submitted to the Planning Services Division for review and approval showing
conformance with the current version 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 plans.
18. That trash storage areas shall be improved to include the existing gates to be refurbished as deemed
acceptable to the Public Works Department and in accordance with approved plans on file with said
Department. The walls of the storage areas shall be protected from graffiti opportunities by the use of
plant materials such as minimum one-gallon size clinging vines planted on maximum three-foot centers
or tall shrubbery. The level of trash collections service shall also be increased. Said information shall
be specifically shown on the plans submitted for building permits.
19. That the legal owner of subject property shall provide the City of Anaheim with a public utilities
easement (dimensions will vary with electrical design) along/across high voltage lines, low voltage
lines crossing private property and around all pad mounted transformers, switches capacitors, etc.
Said easement shall be submitted to the City of Ahaheim prior to connection of electrical service.
20. That at no time shall there be any outdoor storage on the site for the church.
21. That any required relocation of City electrical facilities shall be aEthe developer's expense.
22. That all air-conditioning facilities and other ground-mounted equipment shall be properly shielded from
view and sound buffered from adjacent residential properties. Such information shall be specifically
shown on the plans submitted for building permits.
23. That all .plumbing or other similar pipes and fixtures located on the exterior of the buildings 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
-4- PC2006-
24. That four (4) foot high address numbers shall be displayed on the roof pf the building in contrasting
color to the roof material. The numbers shall not be visible to adjacent and nearby streets or
properties. Said information shall be specifically shown on plans submitted to the Police Department,
Community Services Division, for review and approval
25. That prior to application for water meter, fire line or submitting the water improvement plans for
approval, the developer/owner shall submit to the Public Utilities Water Engineering an estimate of the
maximum fire flow rate and maximum day and peak hour water demands for the project. This
information will be sued to determine the adequacy of the existing water system to provide the
estimated water demands. Any off-site water system improvements required to serve the project shall
be done in accordance with Rule No. 15A.6 of the Water Utility Rates., Rules and Regulations.
26. That an Emergency Listing Card, Form ADP-281 shall be completed and submitted in a completed
form to the Anaheim Police Department
27. That No Trespassirig 602(k) P.C: signs shall be posted at the enhance td the parking lot and located in
other appropriate places.
28. That all entrances to the parking area shall be posted with appropriate signs per 22658(a) C.V.C to
assist in removal of vehicles at the property owners request.
29. That separate services andlor events shall not be held simultaneously within the sanctuary and multi-
purpose building resulting in an increase in parking demand.
30. That a plan shall be submitted to the Planning Services providing a mechanism (e.g. signage or
fencing) to limit vehicular access to church staff only for the parking area located east of the new
church building.
31. That the existing chain link fence along the north property line shall be interwoven with PVC slats.
Said information shall be specifically shown on plans submitted for building permits.
32. That the subject property shall be developed substantially in accordance with the plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the
Planning Department Exhibit Nos, 1 through 10 and as conditioned herein.
33. 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. 2, 10, 11, 13, 15; 16, 17, 18; 22, 23, 24;25, 30 and
31, above-mentioned, 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 Coder
34. That prior to issuance of a grading permit, or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition No. 7, above-mentioned, shall be complied with.
Extensions for further time to complete said conditions may be granted in accordance with Section
18.60.170
35: That prior to final building and zoning inspections, Condition Nos. 8, 26, 27, 28 and 32,
above-mentioned, shall be :complied with.
36. 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.
-5- PC2006-
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 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 applicant is responsible for paying all charges related
to the processing of this discretionary case application within. l5 days of the issuance of the final invoice or
prior to the commencement of the activity or 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
May 15, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeal
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 May 15, 2006, 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
.2006.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-6- PC2006-
Attachment -Item No. 11
JC~ 1~`~ ~~~J~~
412 North Crescent Way
Anaheim, CA
Prepared for:
Prepared by:
Rafi~ ~
-=' ~ssoc6ates, Inc,
March 27, 2006
Table of Contents
Section Page
I. Introduction I
II. Project Location I
III. Site Description I
a. Existing Site 1
b. Proposed Site I
c. Characteristics 1
N. Site Uses 2
V. Parking Requirements 2
VI. Site Parking Counts 2
VII. Methodology of Study 3
VIII. Findings 3
IX. Recommendations and Conclusions 4
X. Appendices 4
a. Pazking Counts 5
b. Site Photos ~
I. Introduction
St. Thomas Korean Catholic Church currently operates a church within an industrial area on
North Crescent Way. Church services are currently held in an assembly room. Religious
education for children takes place on Saturdays, so there are no concurrent uses of"the
classrooms during the Sunday services. A church building with a new sanctuary that will
accommodate 990 fixed seats will be constructed on the site of the northerly parking lot. The
grassy field and metal storage building that aze adjacent to the southerly parking lot, will be
removed to provide a new parking lot. The new parking lot will bean expansion of the existing
southerly parking lot, and utilize the same two one-way driveways on North Crescent Way.
II. Project Location
The site is located at 412 North Crescent Way. There aze two existing church parking lots.
Curbside parking is available along North Crescent Way and Penhall Street. Overflow parking
at four adjacent businesses is allowed on Sundays, through mutual agreements with the church.
III. Site Description
a. Existing Site
The southerly parking lot has two one-way driveways. The northerly parking lot also has
a sepazate entrance and exit driveway. The overflow parking currently uses the curbside
pazking along N. Crescent Way and Penhall Street, as well as .four other neazby business
parking lots: Penhall, APT Electronics, Western Exterminator, and the Anaheim Unified
School District Site. There aze no sidewallcs along N. Crescent Way between the existing
site and any of the offsite parking aeeas.
b. Proposed Site
The church building will be 15,502 square feet with a 10,117 square foot sanctuary with
990 fixed seats, The existing building will remain and be used for offices and
classrooms. The new parking lot will be accessed via the southerly parking lot's existing
access driveways. The northerly parking lot and a 660 squaze foot metal storage shed
within a grassy field will be demolished, however, the northerly driveway and drive aisle
will be retained for access by fire and emergency vehicles. This fire lane will not connect
to any parking areas:
c. Characteristics
The site is an existing church. The .adjacent land uses are industrial and a school district
office with pazking lot for school busses.
St. Thomas Korean Catholic Church I Rafiq & Associates, Inc.
Jv. site uses
The site will construct a new 15,502 square foot church building with s 10,117 square foot
sanctuary. The existing building will remain. It contains 21 classrooms at 8,871 square feet, 3
meeting rooms totaling 7,530 squaze feet, and 10 offices at 3,078 square feet.
V. Parking Regairements
The parking requirements per Section 18.42 of the Municipal Code for Community & Religious
Assembly is as follows: 0.333 space per fixed seat, or 29 spaces per 1,000 square feet of GFA,
whichever results in a greater number of spaces, plus 4 spaces per 1,000 square feet of GFA for
office use, plus, if a kitchen facility is provided, 0.02 space per person for the maximum capacity
figure of the assembly area determined by the City Fire Department; if other types of ancillary
uses other than a Sunday school are included, a pazking demand study may be required.
Tnhnlntinn of Cnde-Rennired Pnrlcinv for all concurrent church uses
Size Land Use Parking Rate Intermediate
Calculation Spaces
Re aired
10,117 SF Sancta ' 29 s aces/fSF 294
990 fixed seats Fixed seats 0.333 spaces/fixed
seat 330 whichever is
1 er 330
3,078 Of&ces ' 4 s aces/T'SF 12
7 530 Meetiu rooms 4 s aces/TSF 30
.8,871 Classrooms Not used
concmrentl 0
1 005 Stora a 1.55 aces/T'SF 2
3 bedroom Recto 3 3
Total R aired 377
Total Su lied 339
shortfall 38
The expanded site will supply 339 pazking spaces. This is 38 short of the code-required number
of parking spaces, 377 as tabulated above.
VI. Site Parking Counts
Pazidng counts were taken on Saturday and Sunday, March 18 and 19, 2006. These count sheets
are provided in Appendix A. The maximum number of vehicles counted during the two-day
count period was 227 vehicles on Sunday at noon, Approximately 155 of these vehicles were
pazked in the two existing parking lots, and the remainder were pazked along North Crescent
Way and Penhall Stteet, and in four other offsite parking lots.
St. Thomas Korean Catholic Church 2 Rafiq & Associates, Inc.
VII. Methodology of Study
The observed parking demand is 227, which is lower than the number of parking spaces that will
be provided. The parking needs of this site are expected to be accommodated within the
expanded parking lot.
VIII. Findings
Finding Number .0101 That the vm~iance, wider the conditions imposed, if any, will not cause
fewer- off-street parking spaces to 6e provided for the proposed use than the number of such
spaces necessary to accommodate all vehicles attributable to such use under the normal and
reasonably foreseeable conditions of operation of such use.
St. Thomas Korean Catholic Church will supply sufficient parking onsite to meet the
parking needs of the site.
Finding Number .0102 That the variance, under the conditions imposed, if any, will not
increase the demand and competition for parking spaces upon the public streets in the immediate
vicinity of the proposed use.
St. Thomas Korean Church will provide adequate parking onsite. No offsite parking along
the public streets, North Crescent Way and Penhall Street will be needed.
Finding Number .0103 That the variance, under the conditions imposed, if any, will not
increase the demand and competition for parking spaces upon adjacent private property in the
immediate vicinity of the proposed use (which property is not expressly provided as parking for
such use under an agreement in compliance with subsection 18.42.050.030 (Non-Residential
Uses- Exception).
St. Thomas Korean Catholic Church will provide adequate parking onsite. No overflow
parking is anticipated to occur upon adjacent private property.
Finding Number .0104 That the variance, under the conditions imposed, if any, will not
increase traffic congestion within the off-street parking areas or lots provided for the proposed
use.
St. Thomas Korean Catholic Church will provide adequate parking onsite, and the existing
one-way in and out driveways on North Crescent Way will continue to function properly,
such that there will not be any increase congestion.
Finding Number .0105 That the variance, under the conditions imposed, if any, will not
impede vehicular ingress to or egress from adjacent properties upon the public streets in the
immediate vicinity of the proposed use.
St. Thomas Korean Catholic Church 3 Rafiq & Associates, Ina
St. Thomas Korean Catholic Church will provide adequate panting onsite, and its drive,.......
aisles will be adequate to allow vehicles to enter in such a manner that no vehicles will
impede vehicular ingress to or egress from the adjacent properties along North Crescent
vvay. It is further noted, that the adjacent businesses are industrial in nature, and do not
generally have coincident activities. The church generally operates on Sunday morning,
when these businesses are closed.
IX. Recommendations and Conclusions
St. Thomas Korean Catholic Church will be able to accommodate the anticipated parking
demand within the newly expanded parking lot of the site.
X. Appendices
Appendix A: Parking Counts by Southland Car Counters
Parking Counts were taken by Southland Car Counters on March 1$ and 19, 2006.
Appendix B: Site Photos
Site photographs were taken on March 19, 2006 by Rafiq & Associates, Inc.
St Thomas Korean Catholic Church 4 Rafiq & Associates, Inc.
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Appeaedia B Site Photos
St. Thomas Korean Catholic Church 7 Ra~iq & Associates, Inc.
St. Thomas Korean Catholic Church 8 Rafiq & Associates, Inc.
Curbside parking along Penhall Street
Appendix ~ (Continued)
St. Thomas Korean Catholic Church 9 Itafiq & Associates, Inc.
Offsite lot at Penhall
Offsite lot at Western Exterminator
Offsite lot at APT Electronics
Attachment -Item No. 11
Saint 1'hornas VCorean Catholic Center
~®UPS O~ ®FDerati®n
®f$ICe
8:30 AM - 5:30 PM Monday thru Friday
Church building
Aflondav thru Wednesda
9:00 AM to 9::30 AM ------ Mass
8:30 AM to 9:00 AM - - Liturgy of the Hours Prayer
9:00 AM to 9:30 AM -- Divine Mercy Prayer (Tuesdays ONLY)
9:30AM Monday to 9AM Tuesday -- 24 Hour Eucharistic Adoration (Every 2n° Monday of the Month)
Thursday
No Mass
Friday
7:00 PM to 7:30 PM - Confessions
7:30 PM to 8:00 PM --- ---Mass
Saturday
7:30 PM to 8:30 PM Mass
Sunday
8:00 AM - 9:00 AM -- :Mass
9:30 AM -10:30 AM Mass
11:30 AM -12:30 PM -- Mass
$aptl5n15
2:00 PM - 3:00 PM -- Once a month given Sundays
Weddings
Average of 15 weddings a year on given Saturday afternoon
Funerals
Average of 15 funerals a year during the 9AM weekday morning masses
Meeting i2ooms
Monday
Eas[ Wing Rm.1 7:30PM - 10:OOPM
Meeting Rm. A 10:OOAM - 12:OOPM
Tuesday
East Wing Rm.1
East Wing Rm.1
.East Wing Rm.2
East Wing Rm.2
East Wing Rm.4
East Wing Rm.4
East Wing Rm.S
Eas[ Wing Rm.7
East Wing Rm.7
East Wing Rm.B
East Wing Rm.8
Meeting Rm. A
Meeting Rm. B
10;OOAM -12:OOPM
B:OOPM -10:OOPM
10:OOAM - 12:OOPM
B:OOPM -10:OOPM
10:OOAM -12:OOPM
7:30PM -10:OOPM
7:30PM -10:OOPM
10:OOAM -12:OOPM
7:30PM -10:OOPM
10:OOAM -12:DOPM
7:30PM - 10:OOPM
7:30PM -10:OOPM
7:30PM -10:OOPM
Wednesday
East Wing Rm.1 10:OOAM -12:OOPM
East Wing Rm.1 7:30PM - 10:OOPM
East Wing Rm.2 10:OOAM - 12:OOPM
East Wing Rm.2 B:OOPM -10:OOPM
East Wing Rm.3 7:30PM -10:OOPM
East Wing Rm.4 10:OOAM -12:OOPM
East Wing Rm.4 7:30PM - 10:OOPM
East Wing Rm.S 10:OOAM - 12:OOPM
East Wing Rm.5 7:30PM -10:OOPM
East Wing Rm.6 10:OOAM -12:OOPM
East Wing Rm.7 10:OOAM -12:OOPM
East Wing Rm.7 7:30PM -10:OOPM
East Wing Rm.B 10:OOAM -12:OOPM
East Wing Rm.B 8:OOPM -10:OOPM
Meeting Rm. B 7:30PM -10:OOPM
SmaII Group Bible Study
Women's Choir
Small Group Bible Study
Small Group Bible Study
Small Group Bible Study
Small Group Bible Study
Small Group Bible Study
Small Group Bible Study
Young Adult "Sanctus"
Small Group Bible Study
Small Group Bible Study
Small Group Bible Study
Small Group Bible Study
RCIA
Curia Meeting (2"tl week)
Legio
Small Group Bible Study
Legio
Legio ,
Legio
Legio
Legio
Legio
Legio
Legip
Legio
Legio
Legio
Legio
Young Adult "Sanctus"
Thursday
East Wing Rm.1
East Wing Rm.2
East Wing Rm.3
East Wing Rm.4
Meeting Rm. A
7:30PM -10:OOPM
7:30PM - 10:OOPM
7:OOPM -10:OOPM
7:30PM - 10:OOPM
7:30PM - t0:00PM
FPidav
East Wing Rm.4 10:OOAM -12:OOPM
East Wing Rm.5 B:OOPM -10:OOPM
East Wing Rm.B B:OOPM - 10:OOPM
Meeting Rm. B B:OOPM -10:OOPM
Saturday
East Wing Rm.1 9:OOAM -10:30AM
East Wing Rm.2 9:OOAM -10:30AM
East Wing Rm.4 9:OOAM -10:30AM
East Wing Rm.5 9:OOAM -10:30AM
East Wing Rm.6 9:OOAM -10:30AM
East Wing Rm.6 5:30PM - 7:OOPM
East Wing Rm.7 9:OOAM -10:30AM
East Wing Rm.B 9:OOAM -10:30AM
West Wing Rm.2 9:OOAM -12:OOPM
West Wing Rm.3 9:OOAM -12:OOPM
West Wing Rm.4 9:OOAM -12:OOPM
West Wing Rm.S 9:OOAM -12:OOPM
West Wing Rm.6 9:OOAM -12:OOPfv1
West Wing Rm.7 9:OOAM -12:OOPM
West Wing Rm.B 9:QOAM - 12:OOPM
West Wing Rm.9 9:OOAM -12:OOPM
West Wing Rm.10 9:OOAM - 12:OOPM
West Wing Rm.11 9:OOAM -12:OOPM
West Wing Rm.12 9:OOAM -12;OOPM
Meeting Rm.A 8:30PM -10:OOPM
Meeting Rm. A 5:OOPM -7:OOPM
Sunda
Meeting Rm.A 1:30PM-4:OOPM
Meeting Rm. B 1:30PM -3:30PM
Small Group Bible Study
Legio
Tongan Community Meeting
Young Adult "Sanctus"
Choir practice
Legio
Young Adult "Sanctus"
Legio
Prayer Group
SRE Class
SRE Class c
SRE Class
SRE Class
SRE Class.
Altar Server Meeting (4th Saturday Only)
SRE Class
SRE Class
SRE 8 Korean School
SRE & Korean School
SRE & Korean School
SRE & Korean School:-
SRE 8 Korean School
SRE 8 Korean School
SRE & Korean School
SRE 8 Korean School
SRE 8 Korean School
SRE & Korean School
SRE & Korean Schodl
Young Adult Ministry "Sanctus"
Altar Server Meeting (4'"Saturday Only)
High School Ministry "SOL"
College Ministry "Inspiration" tEvery 2 weeks)
Annual Event
Family Fair (First Sunday of October)
Summer Bible Camp (some time in July ,Weekdays gam-2pm)
Festival for Senior Citizen (in June, One Sunday afternoon for a few hours)
Item No. 12
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Conditional Use Permit No. 2006-05083
Requested By: ROB PEREZ
1920 East Center Street
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WALGREENS
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ANAHEIM TOWN /~
SQUARE ////yAA'\\\'\\l
'tl
~~ ' _" Subject Property
Date: May 15, 2006
Scale: 1" = 200'
O.S. No. 102
10039
Date oFAerial Photo:
JuIY 2005
Conditional Use Permit No. 2006-05083
Requested By: ROB PEREZ
Subject Property
Date: May 15, 2006
Scale: 1" = 200'
Q.S. No. 102
1920 East Center Street
10038
........................................
Staff Report to the
Planning Commission
May 15, 2006
Item No. 12 _.
12a. CEQA NEGATIVE DECLARATION (Motion).
12b: WAIVER OF CODE REQUIREMENT (Motion)
12c: CONDITIONAL USE PERMIT NO. 2006-05083 (Resolution)
SITE LOCATION AND DESCRIPTION:
(1) This irregularly-shaped 0.37 acre property has a frontage of approximately 114 feet on the
south side of Center Street witha maximum depth'of 166 feet and is located approximately
345 feet west of the denterline of State College Boulevard (1920 East Center Street);
REQUEST:
(2) The applicant requests approuafof a conditional use permit under authority of Code`.
"Sectioh 18.08.030.040.0402 end 18:38.060 to permits telecommunicatidns antenna.
(disguised as a pine tree) with accessory ground-mounted equipment witR waiverof the:
fdllowing:
.SECTION 18.46.110:030 Maximum fence heioht
(DELETED)
BACKGROUND:
(3) This property is improved as a parking lot for the adjacent parcel (1925 East Lincolnr
Avenue = Mi Fondita restaurant) and is zoned C-G'(General Commercial);; The Anaheim
General Plan designates this property for Mixed Use land uses and its surrounding
prdperties to the hortk, east and west for Mixed Useland uses and to the south (across
', Lincoln Avenue) for Low Density Residential land uses.
PREVIOUS ZONING ACTIONS:
(4) Conditional Use Permit No. 2004-04901 (to permit the sale of beer and wine for oh=
premises consumption in a new restaurant) was. approved by the Zoning Administrator on
September 30, 2004:: The Conditional Use Permit was subsequently readvertised
(Tracking No: CUP2004-04934),to modify conditions of approval pertaining to hours of
operation and timing to reduce the height of the existing 6-foot. high block wall adjacent to
both Lincolh Avenue aid Center Street to a maximum height of 3 feet.
DEVELOPMENT PROPOSAL:
(5) The applicant proposes to construct a 35 foot high stealth (faux pine) telecommunications
facility: including ground-mounted accessory equipment. The proposed faux pine tree
telecommunications facility would consist of four (4) sectors with two (2) panel antennas on
each sec(or. The fauXpine tree is proposed within an existing planter area adjacent to
Center Street.
srcup2006-05083dh.doc
Page 1
Staff Report to the
Planning Commission
May 15, 2006
Item No. 12
Aerial of existing site
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(6) The site plan (Exhibit Nos. 1 and 2) indicates three (3) 25-foot high pine trees proposed
within the existing dirt planter area at the northeastcorner of the site adjacent to Center
Street. No other additional landscaping (i.e., shrubs or groundcover) is proposed;
Currently; there sa 3-foot high block wall along. the property ine abutting Center Street.
Revised plans indicate that the applicantis no longer proposing to raise the height of the
existing 3-foot high block wad'at the north property line and therefore, the waiver'pertaining
"'to fence freight is no' longer required. The plans'show that the wall would be raised to 6-
'feet with'a combination of concrete block and wrought irortoutside of the required 10-foot
wide street setback: The elevation and site plans (Exhibit No. 3 and 4) indicate a 240
'`'square foot, 11-foot high, prefabricated equipment shelter located 10 feet from Center
Street with the air condition units mounted on the wallbf the equipmenfenclosure facing
Center Street: Detailed plans for the prefabricated equipment shelter were nofprovided
with this request. Code requires a miriimum ten (10) foot wide landscaped setback along
Center Street.. Theproperty is currently developed without a 10-foot landscaped setback
and tfiis request does notpropose anyhew landscaping: Staff recommends a condition of
approval requiring'the applicant to provide a 10-foot wide lahdscape setback along Center
'Street to comply with Code and to screen the proposed facility and ground mounted
equipmenk
Page 2
Staff Report to the
Planning Commission
May 15, 2006
Item No. 12
Staff Report to the
Planning Commission
May 15, 2006
Item No. 12
environmental impact and, tfierefore; recdmmehds that a Negative Declaration be
approved upon a findirig by the Planning Commission that the Negative Declaretiorrreflects
the independentjudgment of the lead agency; and that it has considered the proposed
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.
EVALUATION:
(10) Communication facilities and antennas, including monopoles, are permitted in the C-G
Zone subject td the approval of a conditional use permit and the requirements of Section
18.38.060 (Antennas -telecommunications) of Chapter 18.38 Supplemental'Uses.
(11) The waiver pertaining to maximum fence height has been deleted since revised plans have
been submitted indicating tlraf the fence will not tie any higher than3 feet within the 10-foot:
wide street setback along,Center Streetas required by Code:,
(12) The Planning Department continues to discourage unscreened telecommunication facilities
due to the significant cumulative visual' impact on the communityas a whole: The recently:
updated Zoning Code includes design guidelines and requirements for telecommunications
facilities: Code requires wireless communication facilities be co-located where
technologically feasible and visually beneficial. Staff feels "stealth" installations ahd co-
location are the best alternative to decrease visual elutter and preserve the aesthetic quality
of the community: Code defines a "stealth" facility, as "A wireless communication facility
that is disguised to appear as'a natural`object or part of an existingman-madebtiject,
facility or structure, which is designed to blend into he surrounding environment dr which is
concealed within or architecturally integrated into abuilding or other concealing structure:'.
In order fora facility to be an appropriate stealth installation; two main factors must be
addressed. First; the facility itself needs'to be designed such'that the antennas ere
disguised to appeal as a natural object or part of an existing man-made object, facility or
structure. Second, the facility needs tdblend into the surrounding environment ih which it
is proposed:' Factors to consider for this'second criterion include the freight of buildings in
the surrounding area, structures on the .proposed' property,`in the'case of facilities that are
disguised as natural objects; the presence of other similalnatural objects in the immediate.
area, and the bisibility of the facility.
(13) Although a telecommunications facilitydisguised as a pine tree is an appropriate manner to
satisfy the first criterion staff believes that the proposed facility does not satisfy the second
criterion; The buildings oh surrounding properties are mainly single'story;' The site is used
as a parking lot for an adjacent restaurant and does not contain any structures. Because of
this, there are no structures to shield the facility or serve as'a backdrop foFthe facility: In
addition', the site is highly visible having two street frontages) Existing trees do the property
are approximately 10 to 20 feet high and would be too low to provide an adequate
backdrop for the proposed monopine. It would take approximately 10 to 15 years for the
proposed 25 foot tall pines around tffe facility to achieve a comparable height. The
proposed design is incompatible with the surrounding area because the facility would stand
out from the streetscape along both Center Street and Lincolh Avenue: This facility would
be incompatible with the adjacent commercial properties, out-of-scale with the proposed.
Page 4
Staff Report to the
Planning Commission
May 15, 2006
Item No. 12
pihe trees in the planter area; ahd wouldbebisually obtrusive td adjacentand surrounding'.
properties.
(14) Other locations in the vicinity would be better candidates for a building mounted stealth
facility. In addition, the City has been investing a substantial amount of resources along
major arterials including Lincoln Avenue and State College Boulevard to improve the
streetscape and reduce the visual impacts'of overhead utilities: Adding the proposed
telecommunications facility on a highly visible property witty no buildings or landscaping for
the facility to blend with would be in directbonflict with the goal bf reducing thevisual
impacts of telecommunications facilities and therefore; staff recommends denial bf this
request:
FINDINGS:
(15) Before the Planning Commission grants any conditional use permit, it must make a finding
of fact that the evidence presented shows tttat all of the following conditions existi
(a) That the proposed use is properly bhe 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 18.66.040 (ApprdvaP Authority);
(b) That the 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 use is adequate to allow the full
developmeht of the proposed use'in a mannerhot detrimental to the particular area
nor or to health and safety;!
(d) That the traffidgenerated by the proposed use will not impose an undue burden upon
the streets and highways desighed and improved to carry the traffic ih the area; and
(e) That the granting of the cohditionalUse permit under the conditions imposed; if any,
will not be detrimental to the health and safety of the'citizens of the City of Anaheim..
RECOMMENDATION:
(16) Staff recommends that, unless additional or contrary information is received during fhe
meeting, ahd based upon the evidence submitted to the Commission; including the
evidence presented'ih this staff report; and prat and written evidence presented at the
public hearing, that the Planning Commission take the following actions:
(a) By motion, approve a Negative Declaration for the project:
(b) By motion, deny the waiver pertaining to maximum fence height because if has been
deleted.
(c) By resolution; deny the telecommunications facility disguised as a faux pine tree as
recommended in the attachetl resolution including the findings contained therein.
page 5
Staff Report to the
Planning Commission
May 15, 2006
Item No. 12
IN THE EVENT THE COMMMISSION CHOSES TO APPROVE THIS REQUEST THE "
FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS
AN INTERDEPARTMENTAL COMMITTEE AND ARE RECOMMENDED FOR ADOPTION BY THE
PLANNING COMMISSION.
1. That this telecommunications facility shall be limited to no more than four (4) sectors with no
more than two (2) panel antenna on each sector on the existing lattice tower and accessory
grouted-mouhted;equipment. The eighf(8) antennas shall tie limited to a to an operating
center heightpf 35 feet. No additional antennas or equipment cabinets shall be permitted
without the approval of the Planning Commission at a noticed public bearing.. Said information
shall be specifically shown on the.plans submitted by building permits.
2. That the antennas shall be finished and painted to match the faux pine tree. Said information
shall be specifically shown on the plans submitted by building permits.
3. That final elevations plans for the equipment enclosure shall be submitted to the Planning
Service Division tb reflect enhanced building materials: Any decision by staff may be
appealed to the Planning Commission as a "Repprts and Recommendations" item.
4. That all equipment, including supply cabinets and power metecshall be screened from the.
public right-of-way. Ih addition the cable connecting to the equipment shalt be underground
ahd sftall not be visible to the public: Said information shall be specifically shown on plans
submitted for building permits.
5. That the Operator shall ensure that its installation and choice of frequencies will not interfere
with in the 800 MHz radio frequencies required by the City of Anaheim to provide adequate
spectrum capacity for public safety and related purposes.
6. That before activating this facility; the Operator shall submit to apost-installation test to
confirm that the facility does not interfere with the City of Anaheim's Public Safety radio
equipmeht: This test shall be conducted by the Communications Division of the Orange
County Sheriff's Department or a Division approved contractor at the expense of Operator
7. That the Operator shall provide a 24-houf telephone number to the Planning Services Division
(to be forwarded to the Fire and Police Departments) to which interference problems maybe
reported, and shall resolve all interference complaints within 24 hours.
8. That the Operator shalt ensure that any of its contractors, sub-contractors or agents, or any
other user of the facility, shall comply with the termsand conditions of this permit:
9. That should this telecommunication facility be sold, the Planning Services Divisions shall be
notified within 30 days of the close of escrow.
10: That any required relocation of City electrical facilities shall be at the petitioher's expense.
Landscape and/or landscape screening of all pad mounted equipment shall be required and
shall be specifically showh ohplans submitted for building permits.
11. That the applicant shall obtain aRight-of-Way Construction Permit from the Public Works.
Department for any work within the public right-of-way, including but not limited to installation
of conduit, cable, and electrical service lines'.
Page 6
Staff Report to the
Planning Commission
May 15. 2006.
Item No. 12
12. That the routing of the telco and power runs shall be routed within the property parallel to. the
existing property line and then out to the power pole. Pull-boxes shall be required where the
conduits change direction. Said information shall be specifically shown on plans submitted for
building permits.
13. That portion of the property being leased to the telecommunication provider shall be
permanently maintained in an orderly fashion through the provision of regular landscaping
maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours
from time of occurrence.
14. That no signs, Flags, banners, or any other form of advertising shall be attached to the faux
pine tree.:
15. That landscape plans indicating ground cover, shrubs and trees shall be provided for the 10
foot wide setback along Center Street. Said information shall be specifically shown on plans
submitted for building permits. Any decision by staff regarding said plans may be appealed to
the Planning Commissibn as a Reports and Recommendations item.
16. That the subject property shall be developed substantially in accordance with the 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 5 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, whicheverbccurs first, Condition Nos. 1, 2, 3, 4, 10, 11, 12, and 15, above
menticned, shall be cdmplied with. Extensions of further time to complete said conditions may.
be granted in accordande with Section 18.60.170 of the Anaheim Municipal Code.
18. That prior to final building and zoning inspections, Condition Nos. 5, 6, 7, and 16, above
mentioned, shall be complied with.
Page 7
[DRAFT]
RESOLUTION NO. PC2006--"'
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2006-05083 BE DENIED
(1920 EAST CENTER STREET).
WHEREAS, the Anaheim 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 3 OF PARCEL MAP 83-233, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 184, PAGES 1 AND 2 OF PARCEL
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 May 15, 2006, at 2:30 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 fol}owing facts:
1. That the applicant proposes to permit a telecommunications antenna (disguised as a
pine tree) with accessory ground-mounted equipment with waiver of the following:
SECTION 18.46.110.030 Maximum permitted fence height
(DELETED)
2. That the above-mentioned waiver is hereby denied since it has been deleted.
3. That the faux pine tree telecommunications facility is hereby denied because the :proposed
facility would adversely affect the adjoining land uses by creating a negative visual impact on adjoining land
uses. The facility would be incompatible with the surrounding area as existing buildings are low level
structures. In addition, the City has made a substantial. investment to enhance the streetscape in the area by
installing planted medians and parkways and undergrounding existing power lines. Adding the proposed::.
telecommunications facility would be in direct conflict with the goal of reducing overhead visual clutter.
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 because the property is improved as an accessory parking lot
for an adjacent restaurant and the site can not support the necessary structures that would allow the
proposed facility to blend and meet the definition of "stealth" per the zoning code. In addition, the location of
the parcel is very visible to adjacent streets and properties which make it a poor site for aground-mounted
telecommunications facility.
5. That alternatives to better disguise the proposed facility exist and should be pursued to
mitigate potential aesthetic impacts to the surrounding properties.
6. That "' people indicated their presence at said public hearing in opposition; and that no
correspondence was received prior to the meeting.
Cr\PC2006- -1- PC2006-
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Planning Commission
has reviewed the proposal to permit a faux pine tree telecommunication facility; 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 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
May 15, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeal
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanpr 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 May 15, 2006, 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 pf
2006.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION.
_2_ PC2006-