PC 2006/09/06na i la r
~ssi a
edlnesday, September 6, 2006
Council Chamber, City Hall
200 South Anaheim Boulevard, Anaheim, California
® Chairman: Gail Eastman
® Chairman Pro-Tempore: Kelly Buffa
® Commissioners: Stephen Faessel, Cecilia Flores,
Joseph Karaki, Panky Romero, Pat Velasquez
. Call To Order
® Preliminary Plan Review 1:00 P.M.
• Staff update to Commission on various City developments and issues
(As requested by Planning Commission)
• Preliminary Plan Review for items on the September 6, 2006 agenda
For record keeping purposes if you wish to make a statement regarding any item on
the agenda please complete a speaker card in advance and submit it to the
secretary.
® Workshops 1:30 P.M.
• Green Building Program
• Proposed Historic Palm. District
. Recess To Public Hearing
. Reconvene To Public Hearing 2:30 P.IVI.
® Pledge Of Allegiance
. Public Comments
® Consent Calendar
® Public Hearing Items
® Adjournment
You may leave a message for the Planning Commission using the following
e-mail address:. planningcommission(a~anaheim.net
H:\dots\clerical\agendas\090606(1).doc (b9/06/06)
Page 1
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..
Minutes
1A. Receiving and approving the Minutes from the Planning Commission
Meeting of August 21, 2006 (Motion}
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Page 2
Public Hearing Items:
2a. CEQA NEGATIVE DECLARATION
2b. CONDITIONAL USE PERMIT NO. 2006-05111 (READVERTISEDI
Owner:. BKM Anaheim Associates, 3185 Pullman Avenue, Costa
Mesa, CA 92626
Agent: Aspen Associates Telecom, 1223 Federal Avenue, # 212,
Los Angeles,. CA 90025
Location: 1299 North Patt Street: Property is approximately 0.28-
acre and is a land locked parcel with a maximum depth of
190 feet located west of a parcel with 200 feet of frontage
on the west side of Patt Street, 37 feet south of the
centerline of Commercial Street.
Request to construct a stealth ground-mounted telecommunications
facility with accessory ground-mounted equipment to accommodate two
carriers in an industrial office park.
Continued from the August 21, 2006, Planning Commission meeting. Project Planner
(kwong2@anaheim. nef)
Conditional Use Permit Resolution No.
3a. CEQA NEGATIVE DECLARATION Request for
3b WAIVER OF CODE REQUIREMENT continuance to
3c. CONDITIONAL USE PERMIT NO. 2006-05119 September 18, 2006
Owner: Donald G. Strenk, BP West Coast Products,. 4 Centerpointe
Drive, La Palma, CA 90623-1066
Agent: Tim Saivar, TW Layman Associates, 16633 Ventura
Boulevard, # 1320, Encino, CA 91436
Location.: 700 South State Colleoe Boulevard: Property is
approximately 0.46-acre and is located at the southeast
corner of State College Boulevard and South Street.
Request to construct a four (4) unit commercial. retail center with waiver of
minimum landscape and structural setback.
Continued from the August 21, 2006, Planning Commission meeting. Project Planner:
(jpramirez@anaheim.nef)
Conditional Use Permit Resolution No.
H:\dots\clerical\agendas\090606(1).doc (09/06/06)
Page 3
4a.
4b.
Owner:
Agent:
NO. CUP2006-05112)
Trinity Chinese Mennonite Church, 300 North Wilshire
Avenue, Suite 1, Anaheim, CA 92801
Joan Tan, 3325 Wilshire Boulevard, Suite 1301, Los
Angeles, CA 90010
Location: 300 North Wilshire Avenue: Property is approximately
0.43-acre, having a frontage of 170 feet on the north side of
Wilshire Avenue and is located 660 feet southeast of the
centerline of Loara Street.
Request reinstatement of this permit by the modification or deletion of a
condition of approval pertaining to a time limitation to retain apreviously-
approved church within an existing commercial retail center.
Conditional Use Permit Resolution No.
Sa.
Sb.
Owner:
Agent:
NO. CUP2006-051
Self Serve Auto Dismantlers, ATTN: George Adams, 3200
East Frontera Road, Anaheim, CA 92806
Phil Anthony, 14101 La Pat Place, Unit 10, Westminster,
CA 92683
Location: 3400 East Frontera Street: Property is approximately 19-
acres, having a frontage of 235 feet on the south side of
Frontera Street and is located 1,015 feet east of the
centerline of Newkirk Road.
Request reinstatement of this permit by the modification or deletion of a
condition of approval pertaining to a time limitation to retain apreviously-
approved outdoor steel and lumber storage yard with an accessory
modular office building.
Conditional Use Permit Resolution No.
H:\dots\clerical\agendas\090606(1).doc
Project Planner:
Qnixon@anaheim.net)
Project Planner:
(kwong2@anaheim. net)
(09106/06)
Page 4
6a. CEQA CATEGORICAL EXEMPTION -CLASS 1
6b. CONDITIONAL USE. PERMIT NO. 2003-0471.4
(TRACKING NO. CUP2006.0511D)
Owner: Gregory Parkin, 2500 West Orangethorpe Avenue,
Fullerton. CA 92833
Location: 823 South Beach Boulevard: Property is approximately
1.3 acres, having frontages of 192 feet on the west side of
Beach Boulevard and is located approximately 358 feet
north of the centerline of Lynrose Drive (Columbo's Italian
Ristorante).
Request to amend or delete conditions of approval to permit the sale of
alcoholic beverages for on-premises consumption and amend hours of
operation for apreviously-approved restaurant with sales of beer and
wine for on-premises consumption.
Conditional Use Permit Resolution No.
Project Planner:
(dhemick@anaheim. nett
Adjourn To Monday, September 18, 2006 at 1:00 P.M. for
Preliminary Plan Review..
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Page 5
CERTIFICATION OF POSTING
I hereby certify that a complete copy of this agenda was posted at:
-TIME) ( TE)
LOCATION: COUNCIL CHAMBER DISPLAY CASE AND
n /f/,CO/UN~C~IL/JDISPLAY KIOSK
SIGNED: A" L~+~~.1~-GW { 11 ~•(,~-(~r'.ll~
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 Telephone S stem at 714-765-5139.
H:\docs\clerical\agendas\090606(1).doc (09/06/06)
Page 6
SCHEDULE
2.006
September 18
October 2
October 16
October 30
If November 13 II
November 27
II December 11 II
II December 27 (Wed)
H:\docs\clerical\agendas\0906D6(1).doc (09/06106)
Page 7
Item No. 2
VACANT
~oa2-oases
ING LOT
I
CUP 2002-04586
BATTERY RECYCLING
I FACILITY
I
ALLIED BUILDING
PRODUCTS
RIVERSIDE FREEWgy
I Q~
CUP 4136 d F-
CUP 2069 I ~
ROBERTSON'S I
READY-MIX, INC. VAR 1945-2
VAR 1943-2
BRIDGFORD
FOODS CORP
COMMERCIAL STREET - -TT
4 I
VAR 1945-2
VAR 1943-Z
I o I~j~
COUNTRY CITY ~ c°v W
TOWING INC I D'
t
TPM 2005-147
CUP 2006-05111
VAR 2005-04665
(CUP 2001-04410)
IND. BLDG.
I
CUP 3663
CERAMIC TILE
DISTRIBUTORS
I I i
VAR 2005-04665
(CUP 2001-04410)
IND. BLDGS.
I
TPM 2005-290
VAR 2005-04684
VACANT
ALL PROPERTIES ARE IN THE COMMERCIAUINDUSTRIAL (NORTH CENTRAL AREA) RE
Conditional Use Permit No. 2006-05111
Requested. By: BKM ANAHEIM ASSOCIATES
1299 North Patt Street
COMMERCIAL S-T
II
1 I
M C R FURNITURE VAR 4084
DIVERSIFIED
ASPWALT
PRODUCTS
I
VAR 2450
STEPHAN
CHEMICAL
~- ~V
N
DEVELOPMENT PROJECT AREA
- Subject Properly
Date: September 6, 2006
Scale: Graphic
Q.S. No. 70
looso
o:
LUUJ
Conditional Use Permit No. 2006-05111
Requested By: BKM ANAHEIM ASSOCIATES
Subject Property
Date: September 6, 2006
Scale: Graphic
Q.S. No. 70
1299 North Patt Street
iooso
.Staff Report to the
Planning Commission
September 6, 2006
Item No. 2
2a. CEQA NEGATIVE DECLARATION (Motion)
2b. CONDITIONAL USE PERMIT NO. 2006-05111 (READVERTISED) (Resolution)
SITE LOCATION AND DESCRIPTION:
(1) This irregularly-shaped, 0.28-acre property is a land locked parcel with a maximum depth of
.190 feet located west of a parcel with 200 feet of frontage on the west side of Patt Street,
37 feet south of the centerline of Commercial Street (1299 North Patt Street.- North
Anaheim Industrial Park).
'REQUEST:
(2) :The applicant requests approvatof a conditional use permit to construct a stealth ground-
mounted telecommunications facility with accessory ground-mounted equipment to
accommodate two (2) carriers in an industrial office park under authority of Code Section
` 18.10.030.040.0402 (Telecommunications Ground-Mounted) and48.38.060.
``BACKGROUND:
(3) This item was continued from the July 24, August 7, and August 21, 2006, Planning
Commission meetings to allow the applicant time to modify the proposal
(4) This property is currently under construction for an industrial building within an industrial
office park and is zoned I (Industrial Zone).. The Anaheim General Plan designates this
property for lndustriatiand uses. '.Properties to the north, east,'ahd a portion of the west are
also designated for Industrial land uses; properties to the south and a portion of the west
are designated for Mized Use land uses.
PREVIOUS ZONING. ACTIONS:
(5) The following zoning actions pertain to this property:
(6) A Telecommunications Antenna Review Permit (MIS2002-00045) (to permit aroof-mounted
telecommunications facility and ground-mounted equipment shelter) was approved py the
Planning Department on May 17, 2002 for the former industrial park. This facility was
demolished to accommodate the redevelopment of the site.
(7) A Telecommunications Antenna Review Permit (MIS2005-00118) (to permit a temporary
telecommuhications facility) was approved by the Planning Department on July 7, 2005,
with a time limitation of eighteen (18) months to expire on December 7, 2006, for the.
industrial park. This permit was issued to allow continuous telecommunications service
..during construction. of the industrial parkin anticipation of a new stealth building-mounted
telecommunications facility integrated with the proposed buildings..
(8) Variance No. 2005-04665 (to waive the requirement for a lot to front a public or private
street) (Phase I of this industrial park) was approved by the Zoning Administrator on
,. November 3, 2005.
(9) Tentative Parcel Map No. 2005-147 (to establish: a 21-lot, 22-unit industrial airspace
subdivision to subdivide an industrial complex) was approved by the Zoning Administrator
on November 3, 2005.
srwp2006.05111 kIw FINAL Page 1
.Staff Report to the
Planning Commission
September 6, 2006
Item No. 2
DEVELOPMENT PROPOSAL:
(10) .The applicant proposes to construct a 66-foot high stealth faux eucalyptus
telecommunications facility with accessory ground-mounted equipment adjacent to a newly
constructed industrial building. The proposed. faux eucalyptus would consist of two (2)
telecommunications carriers, each with three.. (3) sectors with four,(4) panel antennas on
each sector, for a total of twenty-four (24) antennas..
(11) The site plan (Exhibit No. 1) indicates thirty-seven (37) industrial tilt-up buildings that are
currently under construction. The proposed facility would be located within a planter area
at the northern portion of the industrial park, adjacent to a one-story (26 feet high), 4,700
square foot building. The site plan indicates the additton of two (2) 35-foot high eucalyptus
trees within the landscaped planter area adjacent to the proposed faux,eucalyptus
- enclosure. No additional landscaping (i.e., shrubs pr groundcover) is proposed.
(12) The equipment layout plan (Exhibit No. 2) indicates that the proposed telecommunications
facility and equipment would. be located within an approximately 750 square foot lease area
abutting the industrial buildirg. Twelve (12) proposed BTS equipment cabinets would be
located adjacent to the faux eucalyptus tree and enclosed by a new eight (8) foot high block
wall painted and textured to match the adjacent tilt-up building. Theplan does hot indicate
the addition of shrubs or vines around the enclosure. In order to reduce the,opportuhity for
graffiti, staff has included a condition of approval for clinging vines around the enclosure.
(13) The elevation plans and photo simulations (Exhibit Nos. 3 and 4) indicate that antennas
would beplaced at an operating center of AB feet ahd 57.5 feet above ground level, and the
faux eucalyptus would have a maximum height of 66 feet. The panel antennas would be
five (5) feet in height by one (1) foot in width and four (4) inches in depth, The antennas
would be painted a tan color to match the branches of the faux eucalyptus. The following is
a photograph of a sample faux eucalyptus tree.
Page 2
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Staff Report to the
Planning Commission
September 6,.2006
Item No. 2
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(14) The applicant's supplemental information statement indicates that the proposed site would
be a replacement for he previously-approved facility. -1n addition, the. proposed facility
would include a co-location to accommodate a total of two (2) carriers. The proposed
search ring is to provide continual coverage for the homes and streets surrounding the
Riverside Freeway, La Palma Avenue, and Lemon Street.
ENVIRONMENTAL'IMPACT ANALYSIS:
(15) Staff has reviewed theproposal to construct a stealth ground-mounted telecommunications
facility with accessoryground-mounted equipment to accommodate two (2) carriers and the.
Initial Study (a copy of which is available foEreview in he Planning Department) and finds
no significant environmental impact and, therefore, recommends that a Negative
Declaration be approved upon a finding by the Planning Commission that the Negative
Declaration deflects 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 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.
...page 3
Staff Report to the
Planning Commission
September 6, 2006
Item No. 2
EVALUATION:
(16) 'telecommunications facilities and antennas, including ground-mounted stealth facilities,
are permitted in thel Zone subject to the,approval of a conditional use permit and the
::requirements of Section 18.38:060 (Antennas -.Telecommunications) of Chaptek18.38
Supplemental Uses.'
(17) The subject property is currently being redeveloped. into an industrial office park, resulting
in the demolition of several buildings, including the.previously-approved stealth buflding-
mounted facility as shown ih the photograph below. This facility was approximately 55 feet
` in height. As a result of the construction, Planning Department staff approved a temporary
50-foot high "portable" tower for a period `of eighteen (18) months (expires on December 7,
!c2006), in order to provide an adequate amount of time for the. applicant to submitan
applicatidn for a permanent facility and to oomplete redevelopment of the property, The
approvalfor the temporary fecilityand the attached letter from the applicant indicated that
She intent was to incorporate the facility architecturally into one of the new buildings in a
manner that is similar to the original facility. It was anticipated by staff and communicated
`to the applicant at the time theaemporary facility was approved that since the site was
sbeing redeveloped, the new telecommunications facility would be architecturally integrated
into one of the buildings.
Previousfy-
approved
Facility
Page 4
.Staff Report to the
Planning Commission
September 6, 2006
Item No. 2
(18) The Planning Department continues to discourage unscreened telecommunications
facilities due to the significant cumulative visual impact on the community as a whole. The
recently updated Zoning Code includes design guidelines and requirements for
telecommunications facilities. Code requires telecommunications facilities be co-located
where technologically feasible and visually beneficial' Staff feels "stealth" ihstallations and
co-location are the best alternative to decrease visual clutter and,preserve he aesthetic
quality of the community. Code defines a "stealth" facility as "A wireless communication
facility that is .disguised to appear: as a natural objector part of an existing man-made
object, facility or structure, which is designed to blend into the surrounding ernironment or
which is concealed within or architecturally integrated into a building or other concealing
structure " In order for a facility to be an appropriate stealth installation two (2) main factors
must be addressed. First, the facility itself heeds to be designedsuch that the antennas
are disguised to appear as a natural object or part of an existing man-made object, facility
or structure. Secondly; the facility needs to blend into the surrounding environment in
which it is proposed. Factors to consider for this second criterion include the height of
buildings in the surrounding area,`structures on the proposed property, inthe case of
facilities that are disguised as natural objects, the presenceof other similar gatural objects.
in the immediate area, and the visibility of the facility,
(19) Although the proposed telecommunications facility disguised as`a eucalyptus tree is an
appropriate manner to satisfy the first criterion, and the proposed facility would include the
co-location of two (2) carriers reducing the potential for visual clutter, staff believes that the
66-foot high facility does not satisfy the second criterion. The SR-91 Freeway is
approximately 490 feet north of the proposed facility. The property across Commercial
Street does not have a building along Patt Street that would screen the facility from. the
view of traffic along the freeway. Therefore,lthe facility would be highly visible from the
freeway. In addition, the height of the buildings in the industrial office park?ange between
25 to 30 feet in height. 'As a result, there are no structures to shield or serve as a backdrop
for he facility:
(20) The approved landscape plan for the industrial park proposes deciduous trees with heights
Up o thirty-five (35) feet, and does not include any eucalyptus trees. The applicant
proposes to plant two (2) additional eucalyptus trees to create a backdrop for the facility;
:however the trees would only have a height of 35 feet, little more than half;he proposed
height of the elecommunicationsfacilify. The proposed design is also incompatible with
the type of trees found in the surrounding area and would stand out from the streetscape
along Commercial Street, Patt Street, and the SR-91 Freeway. ,This facility would be out of
scale with the proposed palm trees in the planter area, and would be visually obtrusive to
adjacent andsurrounding properties. In addition, the new installation would be 11 feet
:.higher than the previous building mounted facility.
Page 5
Staff Report to the
Planning Commission
September 6, 2006
Item No. 2
~.
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(22) Although the stealth building mounted facility is the preferred method of housing
'telecommunications antennas, given the limited height of the industrial buildings on this
property, other locations to the vicinity would bebetter candidates for abuilding-mounted
_, stealth facility, such as the property adjacent to the site along. Anaheim Boulevard which
Page 7
Staff Report to the
Planning Commission
September 6, 2006
Item No. 2
has a building height of approximately 45 feet. In order to alternatives to the faux
eucalyptus including the possibility of abuilding-mounted installation both on and off-site,
staff recommends continuance of this request to redesign the facility consistent with the
previously-approved facility.
FINDINGS:
(23) .Before the Planning Commission grants any conditional use permit, it must make a finding
of fact that the evidence presented shows that ali of the following conditions exist:
(a) That the use is properly one for which a conditional use permit is authorized by the
Zoning Code, or is an unlisted usees defined in Subsection .030 (Unlisted Uses
Permitted) df Section 18.66.040 (Approval Authority);
(b) .That the use_will not adversely affect the adjoining land uses or the growth and
developmeht 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
develgpment 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 use will not impose an undue burden upon the
streets and highways desigried 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 thehealth and safety of the citizens of the City of
Anaheim.
RECOMMENDATION:
(24) .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 continue this item to the October 2, 2006, meeting for the
;.applicant to work with staff to redesign the telecommunications facility to propose a stealth
:building mounted. facility that is similar in'height to the previously-approved
telecommunications facility. '
1. That this telecommunications facility shall. be limited to no more that two (2)
telecommunications carriers. Each carrier shall be limited to a maximum of three (3) sectors
with no more than four (4) panel antennas on each sector fora total of twenty-four (24)
..,...antennas on the faux;eucalyptus and accessory ground-mounted equipment. The antennas
'shall belimited to an operating center height of 48 and 57.5 feet and an overall height of 66
feet. No additional antennas or equipment cabinets shall be permitted. without the approval of
Page 8
Staff f3eport to the
Planning Commission
September 6, 2006
Item No. 2
the Planning Commission at a noticed public hearing. Said information shall be pecifically
shown on the plans submitted by building permits.
2. That the antennas shalt be finished and. painted to match the faux eucalyptus. Said
information shall be specifically shown on the plans submitted. by building permits.
3. Shat the walls of the ground-mounted equipment enclosures shall be protected. from graffiti
.:opportunities by the use of plant materials such as minimum 1-gallon ize clinging vines
planted on maximum 3-foot centers or tall shrubbery.: Said information shall be specifically
shown on the. plans submitted for building permits.
4. That all equipment, including supply cabinets and power: metershall be screened from the
public right-of-way.. `dn addition the cable connecting to the equipment shall be underground
and shall not be visible to the public: Said informationshall 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,600 MHz radio frequencies required by the City of Anaheim to provide adequate
spectrum capacity forpubliasafety 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 bivision bf he Orange
County Sheriff's 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
(lobe 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 telecommunications 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 applicant's expense.
Landscape and/or landscape screening of alt pad mounted equipment shall be required and
shall be specifically shown on plans submitted for building permits.
11. That portion of the property being leased to the telecommunications 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.
12. .That no signs, flags, banners, or any other form of advertising shall be attached to the faux
palm tree.
Page 9
Staff Report to the
Planning-0ommission
September 6, 2006
Item No. 2
13. That landscape plans indicating the addition. of two (2) eucalyptus trees with a minimum height
of thirty-five (35) feet shall be provided adjacent to the proposed faux eucalyptus. 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.
14. 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. Q through 4 and as conditioned herein.
15. 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, and 13, 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 fvlunioipal Code.
16. That prior to final building and zoning inspections, Condition Nos. 6, 7, and 14, above
<-mentioned shall be complied with.
17. That timing for compliance with conditions of approval may be amended by the Planning
Director,upon a showing of good cause provided (i) equivalent timing is established that
satisfies the original intent and purpose of the condition(s),: (ii) the modification complies with
zthe Anaheim Municipal Code and{iii) the applicanthas demonstrated significant progress
.toward establishment of the use or approvetl development.
Page 10
CItY Of Aridl'1e1111 Attachment -Item No. 2
1,LANN[NG DEPARTMENT
www.anaheim.nat
July 7, 2005
Aspen Associates Telecom
ATTN: Amit S. Patel
1223 Federal Avenue, Suite 212
Los Angeles, California 90025
Re: Development Request-T-Mobile Wireless Temporary Telecommunications
Facility (1075 North Patt Street, Anaheim, CA 92801)
Dear Mr. Patel:
I am writing this letter to inform you that T-Mobile's proposed temporary
telecommunications facility at the above referenced property, consisting of afifty-foot
high "portable" tower with radio cabinets and related cables and connections, has been
approved by the City of Anaheim's Planning Departrnent for a period of eighteen (18)
months to expire on December 7, 2006. The future permanent facility will need to be
approved by the Planning Department prior to this date. Please be advised the facility's
design and location has been approved according. to the documents provided to us on
July 1, 2005 and as attached.
If you have any questions, please feel free to contact me at (714) 765-5139, extension
5804.
Sincerely,
~~~-
John Ramirez
Associate Planner
Attachments
200 South Anaheim Ooulevartl
P.0. Box 3222
Anaheim, California 92003
TEL (714) 7fi5.5139
Attachment -Item No. 2
~SPEN ASSOCIATES TELECO
1 2 2 3 FEDERAL AVENUE , S U I T E 2 1 2
LOS ANGL' LL' S, CAL3FO RN I A 9002 5
~'(3t0)691-5360 x(815)425-8902
A P A T E L AC A S P E N A S S O C L A T E S. C O M
July 1, 2005
Mr. John P. Ramirez
Associate Planner
Planning Department
City of Anaheim
200 S. Anaheim Boulevard, Suite 1.62
Anaheim, CA 92805
RE: DEVELOPMENT REQUEST
LA02477A (SM078) - T-Mobile Wireless Telecommunications Facility
1075 N. Patt Street, Anaheim, CA 92801
Dear Mr. Ramirez:
Aspen Associates Telecom is pleased to submit this Development Request on behalf of
bkm Development Company,. LLC (`HIGH") and T-Mobile USA, Ina ("T-Mobile") for the
relocation of the T-Mobile wireless telecommunications facility located at 1075 N. Patt Street in
Anaheim, California, 92801. (owned. by North Anaheim Associates, LLC).
As you are aware, BKM is currently in the process of redeveloping the property subject
to plans and proposals previously and separately submitted to the City of Anaheim. A necessary
step of the redevelopment is the demolition of several. existing structures on the property,
including the building upon which the T-Mobile wireless antennas and support structure aze
located. This Development Request is fora "temporary use permit" or equivalent,. consenting to
the relocation of the existing T-Mobile facility to an interim location to allow for the demolition
and redevelopment of the applicable areas of the property, without extended interruption of the
valuable wireless services currently provided by this T-Mobile facility to the community. The
permit is requested for such time (i.e., approximately eighteen months) as required for the
construction of the planned complex on the property including a permanent location for the T-
Mobile wireless facility.
The proposed temporary facility consists of a "portable" tower approximately fifty feet in
height. (as compared to the fifty-five feet height of the existing structure), associated radio
cabinets, and related cables and connections. To minimize interference with construction efforts
W W W. A S P E N A S S O C I A T E S. C O M
of the planned development, the proposed facility will be located adjacent to an existing power
meter and cabinet and the required telco needs will be satisfied using a microwave dish
(approximately two feet wide) connecting to a nearby T-Mobile facility. Please find enclosed
the following exhibits illustrating the location and. design of the proposed temporary T-Mobile
wireless facility:
1. Plat Map with existing and temporary sites identified (approximately)
Z. Aerial Map with existing and temporary sites identified (approximately)
3. Proposed temporary T-Mobile wireless facility site plan '
4. Photo of proposed temporary T-Mobile wireless facility location
5. Three photos of the proposed temporary T-Mobile wireless equipment and structure
6. Photo of existing T-Mobile wireless facility
T-Mobile is prepared to install the temporary facility immediately upon approval and
issuance of the "temporary use permit" or equivalent by the City of Anaheim. The estimated
time required for installation and configuration of the temporary facility and removal of the
equipment shelter and antennas from the existing shelter is two weeks. Demolition of the
existing facility and surrounding buildings will proceed immediately thereafter as part of the
master redevelopment plan.
Our goal is to expeditiously move the temporary facility to a permanent one acceptable to
the City of Anaheim. Since redevelopment of the property involves solicitation of other
businesses as tenants and/or buyers and incorporation of their needs, plans for the master project
are still under preparation and review. However, the planned permanent T-Mobile wireless
facility will be included into the overall design of the complex and in compliance with all City of
Anaheim (as well as applicable state and federal) requirements and codes. Specifically, we
intend to incorporate the wireless facility architecturally into one of the new buildings similar to
the original facility. Fortunately,. since both building and facility will be constructed together,
the fmal structures should reflect a uniform design rather than the `add-on' design of the original
facility. Our tentative schedule is for construction to commence by December 2005 with
building and facility completion by December 2006. We will submit a separate application for
the necessary land use entitlements for this permanent facility once a design is completed.
We would appreciate the opportunity to discuss the project further and/or address any
concerns or questions you may have. Please do not hesitate to contact me directly at (310} 691-
5360.
Sincerely, -}A~
~~'""`
Amit S. Patel, Esq.
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Date: September 6, 2006
Scale: 1" = 200'
Q.S. No. 114
Staff Report to the
Planning Commission
September 6, 2006
Item No. 3
3a. CEQA NEGATIVE DECLARATION
3b. WAIVER OF CODE REQUIREMENT
3c. CONDITIONAL USE PERMIT N0.2006-05119 (Motion for Continuance)
.SITE LOCATION AND DESCRIPTION:
(1) This rectangularly-shaped, 0.46-acre property is located at the southeast corner of State
.College Boulevard and South Street, having frontages of 135 feet on the east side of State
College Boulevard and 135 feet on the south side of South Street (700 South State College
Boulevard).
REQUEST:
(2) .The applicant requests approval of a conditional use permit under authority of Code
Section Nos. 18.08.030.040.0402 (Commercial Retail Centers) to construct a four (4) unit
.commercial retail center with waiver of the following:
(a) SECTION NO. 18.08.060.010.0101 Minimum landscaped and structural
setback.
15 feet landscaped required; 4-15 feet
:.proposed)
BACKGROUND:
(3) .This item was continued from the August 21, 2006, Commission meeting to allow the
applicant and staff time to work with an outside architectural consultant to provide
feedback regarding the design of the center.
(4) :The property is currently contains a vacant. service station and is zoned C-G (General.
Commercial). The Anaheim General Plan designates this property and properties to the
south and east for Neighborhood. Center Commercial land uses and properties to the north
for Low-Medium Density Residential and Lowpensity Residential laird uses and properties
to the west for Low Density Residential land uses..
(5) Staff has continued working with the applicant to address the architectural design of the
commercial center and has initiated work with an outside architectural consultant to provide
feedback regarding the design. As indicated in the attached letter, the applicant
acknowledges the need to continue this item to the September 18, 2006, Planning
Commission Meeting..
`RECOMMENDATION:
(6) Staff recommends the Planning Commission, continue this item to the September 18, 2006,
Commission meeting for the applicant to work with staff to redesign the project as indicated
above.
srcup2006-OStt9jpr
Page 1
From: Tim Saivar [tim@twlayman.com] Attachment -Item No. 3
Sent: Wednesday, August 30, 2006 4:37 PM
To: John Ramirez.
Subject: State College & South CUP & Variance application
To: John Ramirez, Planning Department
Re: State College & South CUP & Variance application
Date: Tuesday, August 30, 2006 4:55 PM
John
Pursuant to our conversation today staff needs additional time to review the facade design. We previously
have forward a copy of the 3-D cad model, elevations and site plan for the staff to use for further review to
develop the building design. We raised the building facade height at the corner and removed the crossed
hatched plaster screeds in the facade sign band. The parapet molding, wall sconce lighting, the and
plaster colors were also been changed. We have requested to meet with staff to assist in the
development of the design of the building. Please contact our office to schedule the meeting.
I understand we will need to be rescheduled from the September 6th Planning Commission hearing to the
September 18th hearing.
We appreciate your assistance,
Tim Saivar, AIA
TW Layman Associates
PH: 818-995-8952
FX: 818-995-8955
Tim@TWLayman.com
file:///H~/REPORTS/Planning%20CommissioN09-06-06%20P...03/ATT/ATT%201%a20-%20Continuance%20Request%200906.htm8/30/2006 5:24:19 PM
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Conditional Use Permit No. 2003-04663
TRACKING NO. CUP 2006-05112
Requested By: TRINITY CHfNESE MENNONITE CHURCH
300 North Wilshire Avenue
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Subject Properly
Date: September 6, 2006
Scale: 1" = 200'
Q.S. No. 53
Date of Aerial Photo:
Julv 2005
Conditional Use Permit No. 2003-04663
TRACKING NO. CUP 2006-05112
Requested By: TRINITY CHINESE MENNONITE CHURCH
300 North Wilshire Avenue
Subject Property
Date: September 6, 2006
Scale: 1" = 200'
Q.S. No. 53
10114
Staff Report to the
Planning Commission
September 6, 2006
.Item. No. 4
4a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) (Motion)
4b. .CONDITIONAL USE PERMIT NO:'2003-04663 (Resolution)
(Tracking No. CUP2006-05112)
SITE LOCATION AND DESCRIPTION: `'
(1) :This irregularly-shaped, 0.43-acre propertyhas frontage of 170 feet on the north side of
Wilshire Avenue and a maximum depth of,147 feet and is located approximately 660 feet
southeast of the centerline of Lnara Street (300 North Wilshire Avenue- Trinity Chinese
Mennonite Church).
REQUEST:
(2) The applicant requests reinstatement of this. permit by the modification or deletion of a
condition of .approval. pertaining to a time limitation to retain apreviously-approved church
within an existing commercial retail centerunder authority of.Code Sections
18.08.030.040.0402 (Community and Religious Assembly) and 1.8.60.180 (Reinstatement
of atime-limited permit).
BACKGROUND:
= (3) This property. is currently developed with a single story commercial center and church and
is Toned GG (General Commercial). The Anaheim General Plan designates this property
::and the properties to the east and west for Low Intensity Officeland uses,. properties to the
:north for Low Density Residentiafiand uses;'and the 1-5 freeway to the south.
(4) Conditional Use Permit No. 2003-04663 (to establish conformity with current zoning code
wand use requirements for an existing non-conforming commerdial retail center and to
establish a church with waiver of minimum number of parking spaces) was approved by the.
Planning Commission bn March 10, 2003. Resolution No. PC2003-45 adopted in
connection with Conditional Use Permit No:'2003-04663 included the following condition:
91. That this use shall expire on March 10, 2006 °
:DISCUSSION:
(5) The applicant has submitted a request to reinstate Conditional Use Permit No. 2003-04663
to retain the approved church. The applicant requests that Condition No. 1 of Resolution
No. PC2003-45 be amended to allow the permit to be reinstated for the maximum time
allowable. I According to the applicant, the Trinity Chinese Mennonite Church is in an
:appropriate location for he community's needs and is not expecting any changes in their
operation within the near future. The applicant indicates in the attached Justification of
Reinstatement form that the property is being properly maintained and is in compliance with
all conditions of approval. The following is a photograph of the existing site.
CUP2006-05112ikn.` :
Page 1
Staff Report to the
Planning Commission
September 6, 2006
Item No. 4
(7) The,permit has been exercised in a manner consistent with the original approval and
therefore, each of the required findings used to approve the original,request can still be
made.: Since the church is operating in compliance with the conditions of approval and has
fiad invited calls #or service with Community Preservation, no time limitation is necessary.
Based upon the finding that the property has been adequately maintained, staff
recommends deletion of the time limitation.
ENVIRONMENTAL IMPACT ANALYSIS:
,(8) Staff has reviewed the. proposallo reinstate this permit by the modification or deletion of a
condition of approval pertaining to a time limitation to retain apreviously-approved church
.within an existing commercial retail center 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 the previously-approved .Negative Declaration serve as the
required environmental documentation in connection with. this request upon finding that the
declaration reflects the independent judgment of the lead agency; and that it has
considered the previously-approved Negativebeclaration;togetherwith any comments
received during the,public reviewprocess and further finding on the basis oEthe Initial
Study and any comments received that there is no substantial evidence that the project will
have a significant effect on the environment.
FINDINGS:
(9) -Before the Planning Commission grants any conditional use permit, it must make a finding
of factthat the evidencepresented shows that all of the following conditions exist:
(a) That the proposed use is properly one for which a conditional use permit is
authorized bythis 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 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
rea; 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.
(10) Section 18.60.180.030 of the Zoning Code requires that an approval for a reinstatement
shall be granted only upon the applicant presenting evidence to establish the following
findings:
(a) The facts necessary to support each and every required showing for the original
approval of the entitlement as set forth in this chapter exist;
..Page 3
Staff Report to the
Planning Commission
September 6,.2006
Item No. 4
(b) The permit is being. exercised substantiallyin the same manner and in conformance
with all conditions and. stipulations originally approved;
(c) The permit is being exercised. in a manner not detrimental to the particular area and
surrounding land`uses, nor to the publicpeace, health, safety and general welfare;
and
(d) With regard only to any deletion of a time limitation, such deletion is appropriate
because it has been demonstrated that the use has operated in a manner that is
appropriate in the Lnderlying zone and the surrounding area and that the periodic
review of the use is no longer necessary and/or that it can be determined that, due
to changes circumstances,'the use is consistent with the City's lohg-term plans for.
the area.
RECOMMENDATION:
(11) 'Staff recommends that, unless additional or contrary. information fs received during the
- meeting, ahd based upon the evidence submittedto the Commission, including the
evidence presented in this staff report,'ahd oral ahd written evidence presehted at the
public hearing, the Planning Commission take the following actions:
(a) By motion., determine that the previously approved Negative Declaration is the
appropriate environmental determination for this request.
jb) By resolution; aoorove the reinstatement of Conditional Use Permit No. 2003-04663
(Tracking No. CUP2006-05112) by deleting the time limitation to retain an existing
church,`by adopting the attached resolution including the findings and conditions
contained herein.
Page 4
~®RAF~
RESOLUTION NO. PC2006--"`
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 2003-04663, AND
AMENDING. CERTAIN CONDITONS OF APPROVAL OF RESOLUTION NO. PC2003-45,
ADOPTED THEREWITH
(300 NORTH WILSHIRE AVENUE)
WHEREAS, on March 10, 2003, the Anaheim Planning Commission, by Resolution No.
PC2003-45 approved Conditional Use Permit No. 2003-04663 to retain apreviously-approved church; and
WHEREAS, said Resolution Nc. PC 2003-45 includes the following condition of approval:
-"1. That this use shall expire on March 10, 2006:'
WHEREAS, the property is currently developed with a single story commercial building, the
underlying zoning is C-G (General Commercial), and the Anaheim General Plan designates this property for
Office-Low land uses; and'
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for
Reinstatement of Conditional Use Permit to modify or delete condition of approval no. 1 of Resolution No.
PC2003-45 pertaining to a time limitation to retain. apreviously-approved church within an existing commercial
retail center pursuant to Code Section 18.60 of the Anaheim Municipal Code for certain real property situated
in the City of Anaheim County of Orange, State of California, described as:
THE WEST 165.00 FEET, MEASURED ALONG THE NORTH. LINE OF THE SOUTHEAST
QUARTER OF SECTION 9, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN
JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM, AS SAID SECTION IS KNOWN AS A
MAP RECORDED IN BOOK 51, PAGE 10, MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, LYING NORTHERLY OF THE NORHTEASTERLY
LINE OF THE LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA
RECORDED APRIL 26, 1:954 IN BOOK 2715, PAGE 423 OFFICIAL RECORDS.
WHEREAS, the Planning Commission did conduct a public hearing at the Civic Center in the
City of Anaheim on September 6, 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 1.8.60, 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 reinstate apreviously-approved church is authorized by
Anaheim Municipal Code Section Nos. 18.08.030.040.0402 (Community and Religious Assembly) and
18.60.160 (Reinstatement of atime-limited permit).
2. That the proposed reinstatement and deletion of time limitation for the church would not
adversely affect the adjoining land uses and the growth and development of the area in which it is currently
located because the facility already exists and is being operated in conformance with all conditions of
approval.
3. That the proposed'. deletion of the time limitation is appropriate because it is not anticipated
tfiaf the church would relocate in the near future or change its operation, and the periodic review of this use is
no longer necessary since the church has been properly maintained over an extended period of time.
Cr\PC2006- -1- PC2006-
4. That the facts necessary to support each and every required showing for the original. approval
of the entitlement exist; and that an inspection conducted by the Community Preservation Division of the
Planning Department revealed that the site is in compliance with all conditions of approval.
5. That this conditional use permit is being exercised in a manner not detrimental to the particular
area and surrounding land' uses, or to the public health and safety.
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; and does hereby find that the Negative Declaration previously
approved in connection with Conditional Use Permit No. 2003-04663 is adequate to serve as the required
environmental documentation in connection with this request upon finding that the declaration reflects the
independent judgment of the lead agency and that it has considered the previously approved Negative
Declaration together with any comments received during the public review process and further finding on the
basis. of the initial study and any comments received that there is no substantial evidence that the project will
have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby
approve the reinstatement of this permit and deletion of the time limitation; and further, incorporates the
following conditions of approval contained in Resolution No. PC2003-45 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 health and safety of the Citizens of the City of Anaheim:
°*BOId indicates modified conditions
Church
1. That the only accessory schooi activity shall be Sunday school; and that this facility shall not be used
as a private daycare, nursery, elementary, junior and/or senior high school
2. That no outdoor activity shall be conducted by the church at any time within the rear (north)
landscaped setback adjacent to the residential neighborhood zoned RS-1 (Residential, Single
Family).
3. That the hours of operation shall be limited to 9 a.m. to 5 p.m., on Sundays only (except for special
church holidays).
4. That the number of congregates at any one times shall not exceed thirty (30) persons, sixteen (t6)
years of age and over. If the number of congregates exceeds forty (40) members at any one time, the
applicant shall submit a parking management plan to the Traffic and Transportation Manager for
review and approval.
Commercial Retail Center
5. That the property shall be permanently maintained in an orderly fashionthrough the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four
(24) hours from the time of the discovery.
6. .That all existing landscaping shall be maintained and immediately replaced in the event that it
becomes diseased or dies.
-" 7. That the trash storage area shall be maintained in a location acceptable to the Streets and Sanitation
Division of the Public Works Department and the Planning Services Division, and in accordance with
-2- PC2006-
approved plans on file with the Public Works Department. Said storage area shall be maintained so
as not to be readily identifiable from the adjacent public street. The walls of the storage area 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.
8. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
9. That no outdoor storage, display or sales of merchandise or fixtures shall be permitted.
10. That roof-mounted balloons and' other inflated devices shall not be permitted..
11. That no video, electronic or other amusement devices or games shall. be permitted anywhere on
subject property.
12. That no vending machines shall be permitted on the property whichmachines are visible from the
public right-of-way.
13. That the number of tenant spaces shall be limited to twelve (12) units, as shown on the approved site
plan (Exhibit No. 1).
14. That all trash generated from this commercial retail center shall be properly contained in trash bins
and contained within the approved trash enclosure. 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 pick-up. All costs for increasing the number of bins or frequency of
pick-up shall. be paid for by the business owner.
15. That subject property shall be developed and maintained substantially in accordance with. the plans
and specifications submitted to the City of Anaheim by the applicant and which plans are on file with
the Development Services Division of the Planning Department marked Exhibit Nos. 1, 2 and 3, and
as conditioned herein.
16. That approval of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal
regulations. Approval does not include any action or findings as to compliance or approval of the
request regarding any other applicable, ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the Anaheim 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
September 6, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 16.60
"Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City
Council Resolution in the event of an appeal
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
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
September 6, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
2006.
IN WITNESS WHEREOF, I have hereunto set my hand this day of ,
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-4- PC2006-
Attachment -Item No. 4
MEMORANDUM
CITY OF ANAHEIM
Community Preservation Divisia~
DATE: AUGUST 1, 2006
TO: JESSICA NIXON, ASSISTANT PLANNER
FROM: CHRIS DALTON, COMMUNITY PRESERVATION OFFICER
SUBJECT: RENEWAL OF CLTP2003-04663
TRINITY CHINESE MENNONITE CHURCH
300 N. WILSHIRE AVE
ANAHEIM, CA 92801
The following are the findings of my inspection conducted today with regazds to current
compliance with the church's request to renew their conditional use permit.
All conditions of approval aze currently in compliance.
Conditions #14 and #25 which were previously not in compliance, have since been complied.
Both conditions of approval are regarding the trash storage on the property. The said enclosure
is supposed to be screened with vines or shrubs to prevent graffiti and make the enclosure not
readily identifiable. A number of fast growing vines have been planted and should soon screen
the trash enclosure. In addition, the trash bin is now being contained within the enclosure. See
the attached photo for more details.
Since the issuance of the conditional use permit, Community Preservation has responded to the
location twelve (12) times. There aze no outstanding requests for service at this time.
Requests for service include:
® Eight (8)graffiti abatement requests
® Three (3) double-lugged/missing inner breaker cover requests
® One (1) request for CUP violation with regards to a second church on the property
If you have any further questions regarding the property, please feel free to contact me at EXT.
4481.
Thank you.
--Close up view of new planted vines to screen trash enclosure.
Attachment -Item No. 4
RESOLUTION NO. PC2003-45
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0.2003-04663 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
THE WEST 165.00 FEET, MEASURED ALONG THE NORTH LINE OF THE
SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 4 SOUTH, RANGE 10 WEST,
IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM,. AS
SAID SECTION IS KNOWN AS A MAP RECORDED IN BOOK 51, PAGE 10,
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORER OF SAID
COUNTY, LYING NORTHERLY OF THE NORTHEASTERLY LINE OF THE LAND
DESCRIBED tN THE DEED TO THE STATE OF CALIFORNIA RECORDED APRIL
26, 1954 IN BOOK 2715, PAGE 423 OFFICIAL RECORDS
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on March 10, 2003 al 1:30 p.m., notice of said public headng having been duly
given as required bylaw and in accordance with the provisions of the Anaheim Municipal Code, Chapter
1.8.03,. to hear and consider evidence for and against said proposed conditional use permit and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection,. investigation and study made by
itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing,
does find and determine the following facts:
1. That the proposed use Is properly one for which a conditional use permit is authorized by
Anaheim Municipal Cade Sections 18.44.050.130 and 18.44.050..135 to wit: to establish land use
conformity with current Zoning Code land use requirements for an existing non-conforming commercial
center, and to establish a church. within art existing office building. with waiver of the following:
Sections•18.06.050.020.021.0211 - Minimum number of oarkinp soaces.
18.06.050.020.021.0212 35 s aces required; 24 soaces proposed and concurred with
18.06.050.020.026.0266 by the City Traffic and Transportation Manager)
18.06.080
and 18.44.066.050
2. That the parking waiver, under the conditions imposed', will not cause Fewer off-street
parking. spaces to be provided for the proposed 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 because, based on the parking surveys conducted at the site, the
parking demand of the proposed project and the calculated parking surplus of adjacent uses, a sufficient
parking supply will be provided within existing on-site parking provided that the church adheres to the
hours of operation as conditioned herein.
3. That the waiver, under the conditions imposed, will not increase the demand or
competition for parking spaces upon the public streets in the immediate vicinity of the proposed use.
4. That the waiver, under the conditions Imposed, will not increase the demand or
competition for parking spaces upon adjacent private properly in the immediate vicinity of the proposed
use because the increased parking demand of the proposed church will be accommodated within the
existing surface parking lot located on the subject property.
cr1pc2003-045.doc -1- PC2003-45
5. That the waiver, under the conditions imposed and based upon the conclusions
contained in the submitted parking demand study, will not cause fewer off-street parking spaces to be
provided for the church and other on-site businesses.
6. That the waiver, under the conditions imposed, will not increase traffic congestion within
the off-street parking areas or lots provided for the proposed use.
7. That the waiver, under the conditions imposed, will not impede vehicular ingress to or
egress from adjacent properties, or upon the public streets in the Immediate vicinity of the proposed use
8. That the use,. under fhe conditions imposed, will not adversely affect the adjoining land
uses or the growth and development of the area, and will not be detrimental to the peace, health, safety and
general welfare of the citizens of the City of Anaheim.
9. That the size and shape of the site for the proposed use is adequate to allow fuil
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safety and general welfare; and 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.
10. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to establish land use conformity with current Zoning
Code land use requirements for an existing. non-conforrning commercial center, and to establish a church
within an existing office building with waiver of m(nimum number of parking spaces on an irregularly-
shaped 0.43-acre property having a frontage of 170 feet on the north side of Wilshire Avenue and a
maximum depth of 139 feet, being located 660 feet southeast of the,centertine of Loara Street, and
further described as 300 North Wilshire Avenue; and. does hereby approve the Negative Declaration
upon finding that the declaration reflects the independentjudgment 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 safely and general welfare of the Citizens of the City of Anaheim:
Church
1. That this use shall expire on March 10, 2006.
2. That the only accessory school activity shall be Sunday school; and that this facility shall not be
used as a private daycare, nursery, elementary, junior andlor senior high school
3. That no outdoor activity shall be conducted toy the church at any time within the rear (north)
landscaped setback adjacent. tq the residential neighborhood zoned RS-10,000 (Residential,
Single-Famly).
4. That this project shall comply with the requirements of an "A3" occupancy, as set forth in the
California Building Cade, 1998 edition, and the Uniform Fire Code. Said Information shall be
speciFed on plans submitted for Building Division and Fire Department approval.
_ 5. That the hours of operation shall be limited to 9 a.m. to 5 p.m., on Sundays only (except for special
church holidays).
-2- PC2003-45
6. That the number of congregates at any one time shall be limited to thirty (30) persons, sixteen (16)
years of age and over. If the number of congregates exceeds forty (40) members at any one time,
the applicant shall submit a parking management plan to the Traffic and Transportation Manager for
review and approval
7. That the proposal shall. comply wish all signage requirements of the CL (Commercial, Limited) Zone
unless a variance allowing sign waivers is approved by the Planning Commission or City Council.
Any additional signage shall be reviewed and approved by the Zoning Division. Any decision by
staff maybe appealed to the Planning Commission as a "Reports and Recommendations" item.
8. That the proposed freestanding sign on subject property shall be a decorative monument-type
design with a finished cap, the height shall not exceed eight (8) feet as measured from the grade of
the sidewalk, the sign shall be constructed with a minimum eighteen (18) inch high solid base, and
the sign shall be subject to review end approval by the City Traffic and Transportation Manager to
determine adequate lines-of-sight and the Zoning Division for final design. Any decision by staff
regarding this sign maybe appeal to the Planning Commission. as a "Reports and
Recommendations" item. ,
Commercial Retail Center
9. That the property shall be permanently maintained in an ordedy fashion through the provision of
regular landscaping malnlenance, removal of trash or debris, and removal of graffiti within twenty
four (24) hours from time of occurcence.
10. That a landscape plan for the entire site shall be submitted to the Zoning Division of the Planning
Department indicating type, size and location of existing and proposed refurbished landscaping,
including irrigation facilities, for review and approval by the Zoning Division. Any appeal of staffs
decision can be made to the Planning Commission as a'Reports and Recommendations' item.
Following approval, the landscaping shall be installed and maintained in accordance with the plan.
The landscape plan shall indicate the following:
• That the on-site landscaping and Urigadon system shall be refurbished and maintained in
compliance with City standards.
• Thal landscaped planter areas on either side of the driveway shall be expanded to the
maximum depth, provided that no reduction in parking spaces wilVYesult from such expansion.
• That the front landscaped setback shall be planted and irrigated with nine (g), minimum twenty
four (24) inch box sized evergreen trees,
• That additional parking lot trees (minimum of three (3)) shell be planted within. the proposed
parking lot landscaped areas and that all trees be minimum twenty four (24) inch box sized.
11. That all existing landscaping shall be maintained and immediately replaced in the event that it
' becomes diseased ar dies.
12. That the chain-link fencing and barbed wire at the north end of the property shall be removed and
replaced with wrought iron fencing or a block wall. Said information shall be shown on the plans
submitted for building permits.
13: That four (4) foot high address numbers shall be displayed on the roof of the building in a
cdntrestlng color to the roof material. The numbers shall not be visible to the adjacent street or
neartiy properties. Sold inforcnafion shall be specifically shown on plans submitted for Police
Department, Community Services Division, approval
14: That the trash storage area shall be relocated out of the required five (5) foot wide setback adjacent
_.. to W Ilshire Avenue. The new trash storage enclosure shall be provided and maintained in a
location acceptable to the Streets and Sanitation Division of the Public Works Department and the
-3- PC2003-45
Zoning Division, and in accordance with approved plans on file with the Public Works Department.
Said storage area shall be designed, located and screened so as not to be readily identifiable from
the adjacent public street. The walls of the storage area 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.
15. That a plan sheet for solid waste storage and collection and a plan far recycling shall. be submitted
to the Public Works Department, Streets and Sanitation Division, for review and approval..
16. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
17. That all eir conditioning facilities and other roof and ground-mounted equipment shall be properly
screened from view and sound buffered from adjacent residential properties. Said information shall
be specifically shown on the plans submitted for building permits.
18. That lighting fixtures in any proposed parking area located adjacent to any residential property shall
be down-lighted with a maximum height of twelve (12) feet. Said lighting fixtures shall. be
decorative and shall be directed away from adjacent residential property lines to protect the
residential integrity of the oleo. Said information shall be specifically shown on the plans submitted
for building permits..
19. That all public telephones (existing or proposed} shall be located inside the building.
20. That no outdoor storage, display or sales of merchandise or fixtures shall be permitted.
21. That roof-mounted balloons and other inflated devices shall not be permitted.
22. That no video, electronic or other amusement devices or games shall be permitted anywhere on
subject property.
23. That no vending machines shall be permitted on the property, which machines are visible from the
public right-of-way. -
24. That the number of tenant spaces shall be limited to twelve (12) units, as shown on the approved
site plan (Exhibit No. 1).
25. That all trash generated from this commercial retail center shall be properly contained in trash bins
contained within approved. trash enclosure(s). 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 shalt
determine the need for additional pick-up. All costs for increasing the number of bins or frequency
of pick-up shall be paid for by the business owner.
26. That subject property shall be maintained substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1, 2 and 3, and as conditioned herein.
27. That prior to issuance of a building permit, or prior to commencement of the activity authorized by
this resolution, or within a period of one (1) year from the dale of this resolution, whichever occurs
first, Condition Nos. 4, 8, 10, 12, 13, 14, 15, 17 and 18, above-mentioned, shall be complied with.
Extensions for further lime to complete said conditions maybe granted in accordance with Section
-18.03.090 of the Anaheim Municipal Code.
.. _ _ 2B. That prior to final building and zoning inspections, Condition No. 26, above-mentioned, shall be
complied with.
-4- PC2003-45
29. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and
Federal regulations. Approval does not include any action or findings as to compliance or approval
of the request regarding any other applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that granting of the parking waiver shalt be deemed
contingent upon operation. of the approved use in conformance with 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 said waiver. Exceeding, violating, intensifying or otherwise deviating from any of said
assumptions as contained in the parking demand study shalt be deemed a violation of the express
conditions imposed upon said waiver which shall subject said waiver to termination or modification
pursuant to the provisions of Sections 18.03.091 °Termination or Modification of Amendments,
Conditional Use Permits or Variances (Procedure)":and 18.03.092 'Termination or Modification of
Conditional Use Pernits or Variances (Grounds)" of the Anaheim Municipal Code.
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 unenforceableby the final judgment of any court of competent jurisdiction, then this
Resolution, and. any approvals herein contained, shall be deemed null and void.
March 1A, 2003.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
tt)rt~inal signed by Paut Bostwickl
CHAIRPERSON, ANAHEIM.CITY PLANNING COMMISSION
ATTEST:
tOrtgina! migned by Eleanor Adorrol
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on March 10, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL,. EASTMAN, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: KOOS, ROMERO
IN WITNESS WHEREOF, I have hereunto set my hand this day of
..2003.
(t)riginaF algned bq Eleanor RAorrlal
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-5- PC2003-45
JOAN DNG TAN CPA PAGE 02
08!30/2006 13:18 12134001140 ,
Aus-36-2006 61:03ra Frca-ANANEIM CITY PLANNING T1df655260 7-066 P.632Po63 F-02T
• Attachment -Item. No. 4
PETITIONER'S STATEMENT
JUSTtFiCp.710N FAR kEitdSTA7EMEiVT
Secfbn ts.80.t 80 of the Anaheim. futunlclpai Goda requires that requests (or rafnatataments or renewals of a Gme-
Ilmitsd permit shall be made in wridng na later then six (B) menthe after the expVa6on date of the permit sou0ht to
be reinstated or renewed and must be accompantod by an application. farm end the required frling fee.
1. In order m reinstate or renew a permit, the facts necessary to support each and every findfig far the odglnal
approval of the enCdlement es seY Perth in the following excerpts from the AnaheGn Zoning Coda at6i exist
Z8.66.08p (RBIatMa to Canditlonat t7sa Permits)
Before dte approval authority, or Clty Councnl on appeal, may approve a oondi0onal use perriiR, it must make
a itnding of fact, by resolutiort, that the evfttenee presented shows that all. ap the fattnwing eondigons is
required:
.031 That fife proposed use is praparty one far WhiGi a conditional use permit is aulhoYrzad by this cope, or
is an unti816d use es defined in subsection .D30 (unlisted Uaes Permitted) o(Sect(on 18,BB.t140
(ApprovaE Authority);
.D32 'that the proposed use w6t nat ad~ersolyattect the adjoining land. uses or the prowN1 and development
of the area vl which It is proposed to be Iccated;
.033 That the afro and shape cf the site proposed for ttie use is adequate to allow the full development of
0se jroposed use In a manner net detrimental m the particular area ar (p health and. safety;
.034 Thai the traffic generated py the propose9 use w61 not impose an undue durcien upon the sheets and
highways d~feried and impraVed to carry fns traffic ht the area; ersd
A36 That the grondng of the mnditlonel Lsa pertntt under the condi8ops imposed, if arty, vjtU, net be
detrimental to the hearth and safety of the cilixens of the City of Anahegn,
18.74.066 (Relative Eo Var{ances)
t3efore arty varance may be granted by the approval authority, or City t:ouno6 an appeal, ft shat! be shown:
.D20,1 That there era apoeiol clrwmstnrtess applicable b the pro~rry, Including size, straps, topograpphy,
location or surraundinga~whfeh qo notappry to other property under identleal mine eloss~eatbn In
the vickttty,
.02D2 7h®t, becauaa.of spacial circumstances shown in .0201, striot appitcatfon of the zoning Dods deptiv~
the praperiy of [NW6eges enjoyed by ether property under identical inning Gaasltiwtion in the vldniry.
2. $aid permit or variance k being, exerrdaed subs~ntlalry in the same manner and in conformance with all
condWono and agpulaticns originally approved;
3, Sald permit or variance la baing exerdaed in a manner not detrlmatdal fo the pertiwlar area and sunounding
land uses, nor to the public peace, health, saf®ty and general vreifare'.and
A. W I@r regard anlY to any detatbn at a time Ilmitadon, such deletion to appropriate because it hoe bean
dmmonstrafed fiat Ste use has apereted in a roamer that Is appropriate In the underrytng zone andthe
surrounding area and that 6te, periodic review of the use fi no longer necessary andjor that it Dan be
determined that, duo to dtange4 eirarmstances, the use is conalstarrt with the Clty'slong-tens plans for the
area..
In order to deierrnlne 1f streb findpt~ aicWt, and to assist the zoning A0minlstralor or Planning Commiselon to
arrive ai a decision, ptease anawa~ rite foliewing questions fully and as complete as possible. AUadt addillonal
sheets if additional apace is needed,
1. ties any physical aspect of the property for which this use permit or variance been 9ran4ar! cnanead
slgNficantty sinrce-~ the issuance of this use permit or variance?'
Yes ^ Nc L~
C...,t..:... F.IA [.PO,YW YS GkGN IHtAJ WA3 :)rL.J~}: tin TW 91ti.1C1 M^ _
(over)
CASE NO.
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08/30/2006 13:18
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12134801148
from-ANAH6IN CITY PLAHNINti
JDAN DNG TAN CPA
7141655280
PA(~ 03
T-006 P.003/D09 1-07,1
2. Have the lend uses In ihoi unmadiate vleinity changed since the tssuence cf Ihis use permit or valance?
Y®a Q No
Exptah: 'I1'u,ti ow iw ~ +.S ~^ ~ lard. ~ In '~•- ~~n-n-eol;,a}Pi
4Z;~_Slr,u. Satwa.;u~_~ ~~4 ,
3. Has any as ect of the nature of the operation changed slots the issuance of this use permit ar variance?
4. Ar® the conditions of approuel pertaining to the use petmitor vartanca being cartfplled with?
Yes~No^ Dtt .,L tn. n..e'_L'~. _r _._.~...,1 L._.. L.._..._ .c. ,t ..a.e.
Lev. boeA, t~,:d-~ ~ -}str,R, o%k.ceanw'c .
s. tt you era reque~stlnp a delalton of the ttrrte ltmltation, is Chia deletion necessary, for ate rorttlnued aperaGon
of lhtp use or verisutge?
The applioartt Ior this request it: Q Property Owner (]Authorized Agent
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Name of Property Owner or Authorized Agent (PIe95e Print}
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Signature erty Owner or Authorized Agent
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Date
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Conditional Use Permit No. 2000-04285
TRACKING NO. CUP2006-05122
Requested 8y: SELF SERVE AUTO DISMANTLERS
3400 East Frontera Street
Subject Property
Date: September 6, 2006
Scale: 1" = 200'
Q.S. No. 145
10113
Date of Aerial Photo:
July 200fi
Conditional Use.Permit No. 2000-04285
TRACKING NO. CUP2006-05122
Requested By: SELF SERVE AUTO DISMANTLERS
3400 East Frontera Street
Subject Properly
Date: September 6, 2006
Scale: 1" = 200'
Q.S. No. 145
70113
.Staff Report to the
Planning Commission
September 6, 2006
Item No. 5
5a. CEOA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) (Motion)
5b. .CONDITIONAL USE PERMIT NO. 2000-04285 (Resolution)
(Tracking No. CUP20D6-05122)
.SITE LOCATION AND DESCRIPTION:
(1) This irregularly-shaped 19-acre property has frontages of 235 feet on the south side of
Frontera Street and 1.,085 feet on the south side of the Riverside Freeway, a maximum
.depth of 530 feet, and is located 1,015 feet east of the centerline of Newkirk Road
(3400 East Frontera Street).
REQUEST:
(2) The applicant requests reinstatement of this permit by he modification or deletion of a
condition of approval pertaining to a time limitation to retain apreviously-approved outdoor
steel and lumber storage yard with an accessory modular office building under authority of
Code Sections 18.120.050.0508 (Building Materials Storage yards) and 18.60.180.
$ACKGROUND:
(3) This propertyis partially developed with an existing outdoor steel and lumber storage yard
and the other'half as an auto dismantling yard (formerly an Orange CountyJandfill), and is
zoned SP94-1, Development Area 1 (Northeast Area;Specific Plan; Industrial Area). The
Anaheim General Plan designates this property for Industrial land uses; furthermore, this
property is located within the Merged Anaheim Redevelopment Area (Project Alpha,
Northeast Area).
(4) Conditional Use Permit No. 2000-04285 (to permit and expand an outdoor steel and lumber
storage yard with accessory modular buildings) was approved. by he Planning Commission
on November 4, 2000. Resolution No. PC2000-135 adopted in connection .with Conditional
Use Permit No. 2000-04285 included the following condition:
"1 That subject use permit shall expire five (5) years from the date of this resolution, on
December 4,' 2005 °
bISCUSSION:
(5) The applicant has submitted a request to reinstate Conditional Use Permit No. 2000-04285
to retain the outdoor steel and lumber storage yard with an accessory modular office
`building. `The applicant requests that Cohditfon No. 1 of Resolution No. PC2000-135 be
amended to allow the permit to be reinstated for the maxim~m'time allowable. In order to
demonstrate that the findings required for the reinstatement of this use have been. satisfied,
the applicant has submitted the attached Justification for Reinstatement which indicates
That no aspect of the nature of the operation has changed since the last approval, the land
uses in the immediate vicinity'have not significantly ohanged, the physfcai property has
remained the same, and that all conditions of approval pertaining'to the permit have been
complied with.
{6) The Community Preservation Division has submitted the attached memorandum dated',
- August 3, 2006, regarding the current status'of the property.' The memorandum documents
that the applicant is complying with all the conditions of approval. adopted in connection
Srcup2006-05122k1w.doc : Page 1
required findings used to approve the original request can still be made.' Since the storage
yard has not visibly caused a disturbance to the surrounding properties and has operated in
compliance with all conditions of approval, staff recommends deletion of the time limitation.
ENVIRONMENTAL IMPACT ANALYSIS:
(9) :Staff has reviewed the proposal to amend or delete the time limit for an existing outdoor
steel and dumber storage yard with an accessory modular office building, 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 the previously-approved
Negative Declaration serve as the required environmental documentation in connection
with this. request upon a finding that the declaration reflects the independent judgment of
P 2
age
Staff Report to the
.Planning Commission
.September 6, 2006
Item Na. 5
the lead agency; and that it has considered the previously-approved Negative Declaration
together with any comments received during the public review process and further finding
on the basis of the.Initial Study and any comments received that there is ho substantial
evidence that the. project will have a significant effect on the environment.
FINDINGS:
(10) t3efore 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 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);
(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 pf 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 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.
(11) .Section 18.60.180.030 of the Zoning Code requires that an approval for a reinstatement
shall be granted only upon the applicant presenting evidence to establish the following
findings:
(a) The facts necessary to support each and every required showing for the original
`.approval of the entitlement as set forth in this chapter exist;
(b) .The permit is being exercised substantially in the same manner and in conformance
with all conditions and stipulations originally approved;
(c) The permit is being exercised in a manner not detrimental to the particular area. and
surrounding land uses, nor to the pubic peace, health, safety, and general welfare;
and
(d) With regard only to any deletion of a time limitation, such deletion is appropriate
because is has been demonstrated that the use has operated in a manner that is
appropriate in the underlying zone and the surrounding area and that the periodic
Yeview of the use is no longer necessary and/or that it can be determined that, due to
dhanges in circumstances, the use is consistent with the Cityslohg-term plans for
the area
Page 3
Staff Report to the
Planning Commission
September 6, 2006
Item No. 5
RECOMMENDATION:
(12) Staff recommends that, unless additional 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 evidence presented at the
public hearing, the Planning Commission take the following actions:
(a) By motion, determine that the previously-approved Negative Declaration is
appropriate environmental determination for this request.
(b) By resolution., aoorove the reinstatement of Conditional Use Permit No. 2000-
04285by deleting the time limitation to retain an existing outdoor steel and lumber
storage yard with an accessory modular office building, by adopting the attached
resolution. including the findings and conditions contained herein.
Page 4
[DRAFT]
RESOLUTION NO. PC2006--"'
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO.2000-04285, AND
AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2000-135,
ADOPTED THEREWITH
(3400 EAST FRONTERA STREET)
WHEREAS, on December 4, 2000, the Anaheim Planning Commission, by Resolution
No. PC2000-135 approved Conditional Use Permit No. 2000-04285 to permit and expand an outdoor steel and
lumber storage yard with accessory modular buildings on property located at 3400 East Frontera Street; and
WHEREAS, said Resolution No. PC2000-135 includes the following condition of approval:
"i That subject use permit shall expire five (5) years from the date of this resolution, on
December 4, 2005:'
WHEREAS, this property is currently developed with an outdoor steel and lumber storage yard
with accessory modular buildings, the underlying zoning is SP94-1 DA1 (Northeast Area Specific Plan -
Industrial Area); the Anaheim General Plan designates this property for industrial land uses; and the property is
located within the Merged Anaheim Redevelopment Area; and
WHEREAS, the Anaheim Planning Commission did receive a verified Petition. for Reinstatement
of Conditional Use Permit to modify or delete a condition of approval pertaining to a time limitation to retain a
previously-approved outdoor steel and lumber storage yard with an accessory modular office building pursuant
to Code Section 18.60 of the Anaheim Municipal Code for certain real property situated in the City of Anaheim
County of Orange, State of California, described as:
PARCEL tr
LOTS 19, 20, 21, 22, 23, 24 AND THAT UNNAMED STREET ADJOINING. LOT 21 ON THE
EASTERLY BOUNDARY, TOGETHER W ITH THAT PORTION OF LOT 33 LYING
NORTHWESTERLY OF THE RIGHT OF WAY OF THE SOUTHERN CALIFORNIA RAILROAD
COMPANY (NOW ATCHISON TOPEKA AND SANTA FE RAILWAY COMPANY), AND ALSO
TOGETHER WITH THAT PORTION OF POMELO DRIVE ADJOINING SAID LOTS 19, 20, AND
21 ON THE SOUTHWEAST AND SAID LOTS 22, 23, AND 35 ON THE NORTHWEST, AND
LYING NORTHEASTERLY ON THE SOUTHEASTERLY PROLONGATION OF THE
SOUTHWESTERLY LINE OF SAID LOT 19, SAID POMELO DRIVE BEING ABANDONED AND
VACATED BY RESOLUTION OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, ALL
LAND BEING WITHIN ORANGE GROVE ACRES N0.2, AS SHOWN ON A MAP RECORDED
IN BOOK 7, PAGE 36 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
EXCEPT THEREFROM THAT PORTION LYING SOUTHEASTERLY OF THE
NORTHWESTERLY LINE AND ITS NORTHEASTERLY PROLONGATION OF THAT CERTAIN
100 FOOT STRIP OF LAND DESCRIBED IN THE DEED TO THE COUNTY OF ORANGE
RECORDED AUGUST 23, 1922 IN BOOK 433, PAGE 202.0E DEEDS, IN THE OFFICE OF
SAID COUNTY RECORDER.
ALSO EXCEPT THEREFROM. A STRIP OF LAND 20.00 FEET WIDE, THE
SOYUTHWEASTERLY LINE OF SAID STRIP BEING THE NORTHWESTERLY LINE OF SAID
RAILWAY COMPANY RIGHT OF WAY.
ALSO EXCEPT THEREFROM THOSE PORTIONS OF LAND DESCRIBED IN DEED TO THE
STATE OF CALIFORNIA, RECORDED AUGUST 9, 1954 IN BOOK 2787, PAGE 454, AND
RECORDED AUGUST 15, 1966 IN BOOK 8018, PAGE 712 OF OFFICIAL RECORDS
CR\PC2006- -1- PC2006-
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of
Anaheim on September 6, 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 "Procedures", to
hear and consider evidence for and against said proposed amendment and to investigate and make findings
and recommendations in connection therewith: and
WHEREAS,. said Commission, after due inspection, investigation and study made by itself and in
its behalf, and after due consideration of all. evidence and reports offered at said hearing, does find and
determine the following facts:
1. That the applicant's proposal to reinstate an existing outdoor steel and lumber storage yard with
an accessory modular office building is authorized by the Anaheim Municipal Code Section Nos.
18.120.050.0508 (Building Materials Storage Yards) and 18.60.180 (Reinstatement of atime-limited permit).
2. That the proposed reinstatement and deletion of time limitation for the outdoor storage yard
would not adversely affect the adjoining. land uses and the growth and development of the area in which it is
currently located because the facility already exists and is being operated in conformance with all conditions of
approval.
3. That the facts necessary to support-each and every required showing for the original approval of
the entitlement exists; and that an inspection conducted by the Community Preservation Division of the Planning
Department revealed that the site is in compliance with all conditions of approval
4. That this conditional use permit is being exercised in a manner not detrimental to the particular
area and surrounding land sues, nor to the public health and safety.
5. That the deletion of the time limitation is appropriate because it has been demonstrated that the
use has operated in a manner that is appropriate in the underlying zone and the periodic review of the use is no
longer necessary.
6. That "` indicated. their presence at the public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal; and does hereby find that the Negative Declaration previously
approved in connection. with Conditional Use Permit No. 2000-04285 is adequate to serve as the required
environmental documentation in connection with this request upon finding that the declaration reflects the
independent judgment of the lead agency and that it has considered the previously approved Negative
Declaration together with any comments received during the public review process and further finding on the
basis of the initial study and any comments received that there is no substantial evidence that the project will
have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby
amend Resolution No. PC2000-135, adopted in connection with Conditional Use Permit No. 2000-04285, to
reinstate this conditional. use permit by incorporating the conditions of approval contained in Resolution No.
PC2000-135 into a new resolution to read as follows:
1. That the parking area shall only be used for vehicle parking and shall not be used for storage or other
outdoor uses.
2, That,trash storage areas shall be maintained in a location acceptable to the Streets and Sanitation
Division of the Public Works Department and the Planning Services Division and in accordance with
approved plans on file with the Public Works Department. Said storage areas shall be located and
screened so as not to be readily identifiable to the adjacent public street. The walls of the storage area
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.
-2- PC2006-
3. The landscaping including Eucalyptus trees on maximum ten (10) foot centers in a staggered formation
(including minimum twenty-four inch (24") box sized trees located adjacent to the SR 91/Riverside
Freeway), shrubs planted on maximum eighteen inch (18") centers, and clinging vines on maximum
three (3) foot centers located on the exterior of the perimeter fence and planted on a minimum three (3)
foot high earthen berm shall be permanently maintained in accordance with submitted and approved
plans.
4. That an on-site trash truck turn-around area shall be maintained in accordance with Engineering
Standard Detail No. 610 and to the satisfaction of the Public Works Department, Streets and Sanitation
Division.
5. That subject facility shall be subject to monthly inspections by the City's Community Preservation
Division during the entire duration of the business. The cost of such inspections shall be paid by the
operator of subject facility.
6. That all lockable pedestrian and vehicular access gates shall be equipped with "knox box" devices as
required and. approved by the Fire Department.
7. That the property shalt be permanently maintained in an orderly fashion through the provision of regular
landscaping maintenance, removal of trash or debris, and removal of graffiti withintwenty-four (24)
hours from time of discovery.
8. That the landscaping, irrigation, and fencing plan for the driveway entry to subject property shall be
maintained. Said landscape plan shows a twenty (20) foot wide, two hundred fifty (250) foot long
landscaped median adjacent to the entry driveway including a three (3) foot high berm and planted with
twenty-four inch (24") box sized Eucalyptus trees on maximum twenty (20) foot centers, shrubs planted
on eighteen (1 B) inch centers, and clinging vines planted on three (3) foot centers located adjacent to
the north face of the'ten (10) foot high chain link fence interwoven with a solid. green mesh material.
Said plan also shows slump stone pilasters and wrought iron fencing and gates at the Frontera Street
entrance.
9. That any tree or shrubs planted on-site shall be replaced in a timely manner in the event that it is
removed, damaged, diseased and/cr dies.
10. That a valid business license shall be maintained from the Business License Division of the Finance
.Department.
11. That the property owner shall maintain the existing six (6) foot high chain link fence with a "scrim" mesh
to provide screening for the subject steel and lumber storage yard except at the entrance on Frontera
Street, where a separate landscaping plan for the driveway entry designates additional screening
materials.
12. That only new steel and lumber materials shall be shipped (by rail) to this property. At no time shall any
used, recycled or salvage materials of any type (including, but not limited to, shredded metal wastes,
vehicles and vehicle parts, etc.) be stored on this property.
13. That the storage of new steel and lumber materials shall not be visible to the Riverside Freeway,
Frontera Street or other adjacent and nearby properties. At no time shall the materials be stored at a
level equal to or higher than the six (6) foot high slatted chain link fence. Said materials shall be stored
on open pallets,. and no cargo or other shipping containers shall be stored on the premises.
14. That the driveways and the drive-aisles between storage areas and the parking lot be maintained with
paving of typical asphalt; and that the actual storage areas of the site be maintained with a "slag"
surface. The business owner shall be responsible for the repair/refurbishment of the paved areas at
" ' any time that the steel materials or vehicles damage the paving.
-3- PC2006-
15. That heavy duty forklifts shall be permitted to handle the loading and unloading operations on-site, and
that there shall be no cranes, derricks,. etc., used at this location for the operation of the steel storage
yard.
16. That trucks maybe used to deliver the steel and lumber materials from the storage yard to the
fabricators or other end uses; provided, however, that trucks and trailers shall not be stored at this site.
17. That this outdoor storage yard shall be served with underground utilities in accordance with the
Electrical Rates, Rules and Regulations (most current fees. will apply) and the City of Anaheim
Underground Policy.
i8. That all pad-mounted equipment shall be screened; and that any relocation of City electrical facilities
shall be at the developer's expense.
19. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1, 2, and 3, and as conditioned herein.
20. That approval of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal
regulations. Approval does not include any action or findings. as to compliance or approval of the
request regarding any other applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the Anaheim 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 boid.
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
September 6, 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 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
September 6, 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-
PETITIONER'S, STATEMENT Attachment -Item No. 5
JUSTIFICATION FOR REINSTATEMENT
Section 18.60.18D of the Anaheim Municipal Code requires that requests for reinstatements or'renewals of a time-
litnlied permit shalt be made in writing no later than six (6) months after the expiration date of the permit sought to
be reinstated or renewed and must be accompanied by an application form and the ~equired.filing fee.
1. 'In order to reinstate or renew a permit, the facts necessary to support each and every finding for the original
approval of the entitlement as set forth in the following excerpts from the Anaheim Zoning Code still exist:
18.66.060 (Relative to Conditional Use Permits)
Before the approval authority, or City Council on appeal, may approve a conditional use permit, it must make
a finding of fact, by resolution, that the evidence presented shows that all of the following conditions is
required.
.031 That the proposed use is properly one for which a conditional use pennil 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); '
.032 That the proposed use will, not adversely affect the adjoining lahd uses or the growth and development , .
' of the area in which it is proposed to be located;
.033 That the size and shape of the site proposed for the use is adequate to allow the full developmenl'of:
. the proposed use in a manner not detrimental to the particular area or to health and. safety; ° ,
.034 That the traffic generated by the proposed use will not impose an undue burden upon the streets and
- highways designed arld improved to carry the traffic in the area; and '
.035 That the granting. of the cohditional use permit under the conditions imposed, if any, will not be
detrimental to the health and safety of the citizens df the City of Anaheim.
18.74.060 (Relative to Variances)
Before any variance maybe granted by the approval authority, or City Couhcil on appeal, it shall be shown:' ,'
- .0201 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 i0
the vicinity;
.0202 That, because of special circumstances showh ih .0201, strict application of the zoning code deprives + .
the property of privileges enjoyed by other property under identical zoning classffication in the.vicinity,. '
~` 2.:.` Said permit or variance is being exercised substantially in the same manner and in cpnformance with all .; - ' '-
''conditions and stipulations originally approved;
3.: Said permit or variance is being exercised in a manner not detrimental to the particular area and surrqunding .
-. land uses, nor to the public peace, health, safety and general welfare; and .
4.'. -::With regard only to any deletion of a time limitation, such deletion is appropriate because it has beeh
demonstrated; that the use has operated in a manner that is appropriate Iri the underlying zone and the, •, .:
surrounding area andthat the periodic review of the use trl n2lont3ernecessary and/or that It can be . - . -' .
': iletermineB that, due to changed circumstances, the use is.consjsieriE With the,City's lohg-term plans for,the
- area. ' ' :.: . . .. ...:..: _
to orderto determine If such ~findings exist, apd to assist•ihe Zonlr7g.Admiliistraloi• on Plannirig.'Commissiohto
.- airive at a decision, please'answer the following questions`futly and as cdmplete as possible:: Attaphadditional ,
.-
sheets if additional space is needed. , '
1. `Mas ahy physical aspect of. the prbperty.for~which this'use penult otwarlarree been granted changed ,;
significantly Since the issuance of this use permit or variance9
Yes ^ N'o,® -.
(overj
CASE ND. ~~p ~O•ZOoO-O.4 ~ $ S
2. Have the land uses in the immediate vicinity changed since the issuance or this use permit or variance?
Yes ^ No ~'
Explain: No land uses in the immediatel vicinity of
CIIP No:2l)80-04285 have chancTed.
3. Has any aspect of the nature of the operation: changed since the issuance'of this use permit or variance?
Yes 0 No'® ..
Explain: The nature of the .operation has noE changed.
d,;- Are the conditions of approval pertaining tb the use permit or variahce being complied with7,.,
'YesQ No ® ,.,
..Explain: All cor_ditions of approves "h_ave bees;and'
5. 'If ypu are requ'estfng a deletion Af the time limitation; is th's deletion necessary'for the cobtnued operaN.on,..
of this use or variance? '
The applicant'for this•request;"si Q.,Property Owner [~Atithgrized Ageh#.:, '„
'' Philip L':- Ani~ttiony ,
Name pf flroperty Owner orAfJlhorized Agenf(Please Print)
~~t ' '~ ` '
- Signatur of Property O.wnar or Authori gent
- ~3: ,
Date
Reinstatement applirallon.doc
Revised 91'1314
CUP yd.zoDo- 0 4 2 8 5
Attachment -Item No. 5
RESOLUTION NO. PC2000-135
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO.2000-04285 8E GRANTED, IN PART,
FOR A PERIOD OF FIVE (5) YEARS TO EXPIRE DECEMBER 4, 2005
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 ax
EXHIBIT "ONE"
PARCEL I:
LOTS 19, 20, 21, 22, 23, 24 AND THAT UNNAMED STREET ADJOINING LOT 21 ON
THE EASTERLY BOUNDARY, TOGETHER WITH THAT PORTION OF LOT 33 LYING
NORTHWESTERLY OF THE RIGHT OF WAY OF THE SOUTHERN CALIFORNIA
RAILROAD COMPANY (NOW ATCHISON TOPEKA AND SANTA FE RAILWAY
COMPANY), AND ALSO TOGETHER WITH THAT PORTION OF POMELO DRIVE
ADJOINING SAID LOTS 19, 20, AND 21 ON THE SOUTHEAST AND SAID LOTS 22,
23, AND 35 ON THE NORTHWEST, AND LYING NORTHEASTERLY ON THE
SOUTHEASTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF SAID LOT
19, SAID POMELO DRIVE BEING ABANDONED AND VACATED BY RESOLUTION OF
THE BOARD OF SUPERVISORS OF ORANGE COUNTY, ALL LAND BEING WITHIN
ORANGE GROVE ACRES N0.2, AS SHOWN ON A MAP RECORDED IN BOOK 7,
PAGE 36 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
EXCEPT THEREFROM. THAT PORTION LYING SOUTHEASTERLY OF THE NORTHWESTERLY LINE
AND ITS NORTHEASTERLY PROLONGATION OF THAT CERTAIN 100 FOOT STRIP OF LAND
DESCRIBED IN THE DEED TO THE COUNTY OF ORANGE RECORDED AUGUST 23,.1922 I.N. BOOK
433, PAGE 202 OF DEEDS, IN THE OFFICE OF SAID COUNTY RECORDER.
ALSO EXCEPT THEREFROM A STRIP OF LAND 20.00 FEET WIDE,. THE SOUTHEASTERLY LINE OF
SAID STRIP BEING THE NORTHWESTERLY LINE OF SAID RAILWAY COMPANY RIGHT OF WAY.
ALSO EXCEPT THEREFROM THOSE PORTIONS OF LAND DESCRIBED IN DEED TO THE STATE
OF CALIFORNIA, RECORDED AUGUST 9, 1954 IN BOOK 2787, PAGE 454, AND RECORDED
AUGUST 15, 1966 IN BOOK 801 B, PAGE 712 OF OFFICIAL RECORDS
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on December 4, 2000 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
1.8.03, to hear and consider evidence for and against said proposed conditional use permit and tc
investigate and make findings and recommendations in connection therewith; .and
WHEREAS, said Commission, after due inspection, investigation and study made by
itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing,
does find and determine the following facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Sections 18.03.030.010 and 18.110.050.0508 tc permit and expand an outdoor
steel and lumber storage yard with. accessory modular buildings and waivers of the following:
CR4962PK.DOC -1- PC2000-135
(a) Section 18.110.050.090.0903(a) - Minimum landscaped setback adiacent to a freeway.
(b) Sections 18.05.093.010 - Maximum number of freestandino signs.
and 18.110.050.130
(c) Sections 18.05.093.040 - Minimum distance between freestandinc signs.
and 18.i10.050.13D
2. That the waivers of minimum landscaped setback adjacent to a freeway, maximum
number of freestanding signs and minimum distance between freestanding signs are hereby denied on
the basis that each waiver was deleted following public nofification.
3. That the proposed outdoor steel and lumber storage yard is properly a use for which a
conditional use permit is authorized by the Zoning Code for Development Area 1 "Industrial Area" of the
Northeast Area Specific Plan No. SP 94-1; and that the proposed accessory modular buildings are a use
that is not listed in the Zoning Code as being a permitted use.
4. That the proposed use, under the conditions imposed, will not adversely affect the
adjoining land uses and the growth and development of the afea in which it is proposed to be located.
5. That the size and shape of the site for the proposed use,. under the conditions imposed,
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 the traffic generated by the proposed use, under the conditions imposed, will not
impose an undue burden upon the streets and highways designed and improved to carry the traffic in the
area
7. 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.
8. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim
City Planning Commission has reviewed the proposal to pemtit and expand an outdoor steel and lumber
storage yard with accessory modular buildings and waivers of minimum landscaped setback adjacent to a
freeway, maximum number of freestanding signs and minimum distance between freestanding signs on a
irregularly-shaped 19-acre property having frontages of 235 feet on the south side of Frontera Street and
1,085 feet on the south side of the SR 91/Riverside Freeway, having a maximum depth of 530 feet, being
located 1.,015 feet east of the centerline of Newkirk Road, and further described as 3400 East Frontera
Street); and does hereby approve the Negative Declaration upon finding that the declaration reflects the
independentjudgment 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 gent 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 subject use permit shall expire three (5) years from the date of this. resolution, on December 4,
2005.
-2- PC2000-135
2. That plans shall be submitted to the City Traffic and Transportation Manager for review and
approval showing conformance with the most current versions of Engineering Standard Plan Nos.
436 and 602 pertaining to parking standards and driveway locations. Subject property shall
thereupon be developed and maintained in conformance with said plans.
3. That the driveway on Frontera Street shall be maintained with ten (10) foot radius curb returns in
conformance with Engineering Department Standard No. 137.
4. That the parking area shall only be used for vehicle parking and shall not be used for storage or
other outdoor uses.
5. That plans shall be submitted to the City Traffic and Transportation Manager for review and
approval showing how the vehicular security gates. and vehicle tum-around area will function.
6. That because this project has landscaping areas exceeding two thousand five hundred (2,500)
square feet, a separate irrigation meter shall be installed and comply with Chapter 10.19
"Landscape Water Efficiency' of the Anaheim Municipal Code and. Ordinance No. 5349. Said
information shall be specifically shown on plans submitted for building permits."
7. That the developer shall. submit a-water quality management plan (WQMP) specifically identifying
best management practices that will be used on-site to control predictable pollutants from storm
water runoff. The WQMP shall be submitted to the Public Works Department, Development
Services Division, for review and approval
8. That trash storage areas 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 areas shall. be designed, located and. screened so as not to be
readily identifiable to adjacent streets or highways. If visible off-site, the walls of the storage area(s)
shall be protected from graffiti opportunities. by the use of plant materials. such as clinging vines or
talc shrubbery. Said information shall. be specifically shown on plans submitted for Streets and
Sanitation Division approval
9. The landscaping including Eucalyptus trees on maximum ten (10) foot. centers in a staggered
formation (including minimum twenty four inch (24") box sized trees located adjacent to the SR
91/Riverside Freeway), shrubs planted on maximum eighteen inch (18") centers, and clinging vines
on maximum three (3) foot centers located on the exterior of the perimeter fence and planted on a
minimum three (3) foot high earthen berm shall be permanently maintained in accordance with
submitted and approved plans..
10. That an on-site trash truck tum-around area shall be maintained in accordance with Engineering
Standard Detail No. 610 and to the satisfaction of the Public Works. Department, Streets and
Sanitation Divtsion.
11. That subject facility shall be subject to monthly inspections by the City's Code Enforcement Division
during the entire duration of the business. The cost of such inspections shall be paid by the
operator of subject facility.
12. That ail lockable pedestrian and vehicular access gates shall be equipped with. "knox box" devices
as required and approved by the Fire Department.
13. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping. maintenance, removal of trash or debris, and removal of graffiti within twenty
four (24) hours from time of occurence.
-3- PC2000-135
14. That a landscaping, irrigation and fencing plan for the driveway entry to subject property shall be
submitted to the Zoning Division for review and approval. Said landscaping plan shall show a
twenty (20) foot wide, two hundred fifty (250) foot long landscaped. median. adjacent to the entry
driveway including a three (3) foot high berm and planted with twenty four inch (24") box sized
Eucalyptus trees on maximum twenty (20) foot centers, shrubs planted on eighteen (18) inch
centers,. and clinging vines planted on three (3) foot centers located adjacent to the north face of
the ten (10) foot high chain link fence interwoven with a solid green mesh material. Said plan shall
also incorporate slump stone pilasters and wrought iron fencing and gates at the Frontera Street
entrance. Any decision made by the Zoning Division regarding said plan may be appealed to the
Planning Commission and/or City Council. Once approved, the landscaping shall be installed. prior
to any material storage and shall. be maintained in accordance with the plan.
15. That any tree or shrubs planted on-site shall be replaced in a timely manner in the event that it is
removed, damaged, diseased and/or dies.
16. Proposed Condition No. 16 was deleted at the Planning Commission public hearing.
17. That a valid business license shall be obtained from the Business License Division of the Finance
Department. _ -
18. That the property owner shall maintain the existing six (6) foot high chain link fence with a "scrim"
mesh to provide screening for the subject steel and lumber storage yard except at the entrance on
Frontera Street, where a separate landscaping plan for the driveway entry shall designate.
adtlitional screening materials.
19. That only new steel and lumber materials shall be shipped (by rail) to this property. At no time shall
any used, recycled or salvage materials of any type (including, but not limited to, shredded metal
wastes, vehicles and vehicle parts, eta) be stored on this property.
20. That the storage of new steel and lumber materials shall not be visible to the Rivers(de Freeway,
Frontera Street or other adjacent and nearby properties. At no time shall the materials be stored at
a level equal to or higher than the six (6) foot high slatted chain link fence. Said materials shall be
stored on open pallets, and no cargo or other shipping containers shall be stored on the premises.
21. That the driveways and the drive-aisles between storage areas and the parking lot shall be paved
with typical asphalt; and that the actual storage areas of the site shall be paved with a "slag"
surface. The business owner shall be responsible for the repair/refurbishment of the paved areas
at any time that the steel materials or vehicles damage the paving.
22. That heavy duty forklifts shall be permitted to handle the loading and unloading operations on-site,
and that there shall be no cranes, derricks, etc., used at this location for the operation of the steel
storage yard.
23. That trucks may be used to deliver the steel and lumber materials from the storage yard to the
fabricators or other end users;. provided, however, that trucks and trailers shall not be stored at this
site
24. That this outdoor storage yard shall be served with underground utilities in accordance with. the
Electrical Rates, Rules and Regulations (most current fees wilt apply) and the City of Anaheim
Underground Policy.
25. That the legal property owner shall provide the City of Anaheim with a public utility easement to be
determined as electrical design is completed. Said easement shall be submitted to the City of
Anaheim prior to connection of electrical service.
-4- PC2000-135
26. That all padmounted equipment shall be screened; and that any relocation of city electrical facilities
shall be at the developer's expense.
27. That the owner of subject property shalt submit a letter to the Zoning Division requesting
termination of Conditional Use Permit No. 4044 (to permit a steel storage yard with a temporary
modular building and waiver of minimum landscaped setback adjacent to a freeway).
28. 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, 2 and 3, and as conditioned herein.
29. That prior to issuance of a building permit,. prior to commencement of the activity authorized by this
resolution., or within a period of one (1) year from the date of this resolution, whichever occurs first,
Condition Nos. 2, 5, 6, 7, 8, 14 and 27, above-mentioned,. shall be complied with. Extensions for
further time to complete said conditions may be granted in accordance with Section 18.03.090 of
the Anaheim Municipal Code.
30. That prior to the commencement of the activity authorized by this resolution, or prior to final building
and zoning inspections, or within a period of one (1) year from the date of this resolution, whichever
occurs first, Condition Nos. 6, 9; 10, 12, 17, 18, 21, 24, 25, 26, 28 and 30, herein-mentioned,. shall
be complied with.
31. That approval. of this application constitutes approval of the proposed request only to the extent that
ft 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.
32. That the parcels comprising the subject property shall be consolidated with such additional
consolidation as is necessary to have the existing thirty (30) foot high freestanding sign on the
consolidated parcel.
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 wmpetentJurisdicfion, 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
December 4, 2000.
fOrtglnal el>tned by 'ohn hooa)
CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
(Original signcd by Margarita Solorio)
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-5- PC2000-135
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Soloric, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on December 4, 2000, by the following. vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: ARNOLD
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, 1 have hereunto set my hand this day of
2000.
(Original signed by Margarita Solorio)
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-6- PC2000-135
Attachment -Item Mo. 5
MEMORANDUM
CITY OF ANAHEIM
Comrrruniry Preservation Division
DATE: AUGUST 3, 2006
TO: KIMBERLY VJONG, ASSISTANT PLANNER
FROM: KEN MARSH, COMMUNITY PRESERVATION OFFICER
SUBJECT: IDC INSPECTION FOR 3200 E. FRONTERA ST.
CONDTITONAL USE PERMIT: CUP2000-04285
TRACKING NUMBER: CUP2006-05122
On July 28, 2006, I conducted an I.D.C. inspection for Adams Steel storage yazd located at 3200
E. Frontera St.
During. this. inspection I observed that all the conditions of approval were in compliance.
The landscaping was in good condition and the weeds along the 91 Freeway and at the entrance
to the storage yazd were removed. There were no dead plants, shrubs, or trees observed during
the inspection. There was no refuse and waste on the property and the required green site
screening surrounding the property was replaced approximately six (6) months ago. All of the
storage on the property was site screened and the property was observed to be well maintained.
Please feel free to call me at ext. 4595 if I can be of further assistance..
Sincerely,
Ken Marsh
Community Preservation OfScer #1016
Item No. 6
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Conditional U,se Permit No. 2003-04714
TRACKING NO. CUP 2006-05110
Requested ey: GREGORY PARKIN
823 South Beach Boulevard - Columbo's Itakian Restorante
Subject Property
Date: September 6, 2006
Scale: 1" = 200'
Q.S. No. 10
10115
uate ornenai rnoto:
Conditional Use.Permit No. 2003-04714
TRACKING NO. CUP 2006-05110
Requested. By: GREGORY PARKIN
823 South Beach Boulevard - Columbo's Italian Restorante
' Subject Property
Date: September 6, 2006
Scale: 1" = 200'
Q.S. No. 10
10115
Staff Report to the
Planning Commission
September 6, 2006
Item No. 6
(4) Although this item was approved by the Zoning Administrator pursuant to Anaheim
Municipal Code Section No. 18.60.080.010 the Zoning Administrator has refierred this item
for Planning Commission review,
(5) Conditional Use Permit No. 2003-04714 (to permit thesales of beer and wine for on-
premises consumption within. an existing full service restaurant) was approved by the
Page 1
Staff Report to the
Planning Commission
September 6, 2006
Item No. 6
Zoning Administrator on June 26, 2003. Decision No. ZA2003-04714 adopted in
connection with Conditional Use Permit No. 2003-04714 included he following conditions:
"6. .That subject alcoholic beverage (i.e., beer and wine) license shall not be exchanged
fora "public premises' (Bar) type license, hor shall the establishmentbe operated as
a'public premises' as defined in Section 23039 of the California Business and
Professions Code; {Requested change only in the reference from beer and wine to
alcoholic beverages].
9. That the gross sales of beer and wine shall not exceed forty percent (40%) of gross
sales of all retail sales during any three (3) month period.. The applicant shall
maintain records on a quarterly basis indicating the separate amounts of sales of
alcohol and other items. These records shall be made available for inspection by any
City of Anaheim official during reasonable business hours.'[Requested change only
in the reference from beer and wine to alcoholicbeverages].
11. That the sale of beer and wine for off-premises consumption shall beprohibited.
[Requested change only in the reference from beer and wine to alcoholic beverages]
24. That the hours of operations hall be limited to 5 a.m. to 11 p.m, daily, as stipulated
by the petitioner.
25. That subject property shall be developed substantially in accordance with plans. and
specifications'submitted to the City of Anaheim by the Ipetitidner and which plans are
on file with Planning Department marked Exhibit Nos; i, 2 and 3, and as conditioned
herein:'
PROPOSAL:
(6) The applicant proposes to modify conditions of approval to upgrade the existing beer and
wine license to allow the sales of alcoholic beverages for on-premises consumption at the
existing restaurant and modification of the hours of operation from the existing hours of 5
a.m. to 11 p.m. daily to 6 p.m. to 2 a.m. daily. Only'interior modifications are proposed with
this new request. The existing full service Italian restaurant would. be a closed and a new
operator has purchased the business to dperate a Korean restaurant.
(7) The submitted. floor plan indicates that the current service counter area and dining room
would be converted into nine,separate enclosed dining areas:: Plans propose solid walls to
enclose the rooms restricting visibility from other areas of the restaurant. The applicant
has indicated that the business will be a bona fide restaurantand that the individual rooms
are a cultural preference. Each room would include a television and the full walls are
intended to isolate the noise from each room.
Page 2
Staff Report to the
Planning Commission
September 6, 2006
item No. 6
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ENVIRONMENTAL'IMPACT ANALYSIS:
(8) The Planning Director's authorized representative has determined that the proposed project
#alls within the definition`df Categorical Exemptions, Section 15301, Class 1,(Existing
Facilities), as defined in`the CEQA Guidelines and is, therefore, exempt from the
requirement to prepare additional environmental documentation. >
EVALUATION:
(9) The Anaheim Police Department has submitted the attached memorandum dated August
17, 2006, stating that his property is located'within Reporting District No. 1815, which has
a crime rated 335% percent above the Citywide average. ThePolice Department has
responded to calls for service to this property two (2) times in the last yeas The calls
included 1 suspicious circumstance, and 1 restraining order. This propertyis also located
within Census Tract No: 869.02, which allows for six on sale licenses and there are
presently three licenses in this census tract and allows for three off sale licenses and there
are presently four active licenses in this census tract. A determination of Public
rConvenience or Necessity is not required by the City because the Department of Alcoholic
Beverages Control is the entity charged with that responsibility for restaurants. The Police
Department does not Appose the request to upgrade the Alcoholic Beverage Control.
license from,a type 41(on-premises consumption of beer and wine) to a type 47 (on-
p~emises consumptidn of alcoholic beverages) provided that the standard operational'
conditions are included as part of the approval
(10) .Upon review df the proposed floor plan, staff has concerns over the obscurity of the
proposed small private dining rooms. The)ayout is not ypical for a full service restaurant
and the combination: of late hours of operation and lack of visibility into these ihdividual
rooms may be problematic. Staff feels that. clear partitions should achieve the applicant's
Page 3
Staff Report to the
Planning Commission
September 6, 2006
Item No. 6
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Staff Report to the
Planning Commission
September 6, 2006
Item No. 6
.FINDINGS:
(13) Before the Planning Commission grants any major modification to a conditional use permit,
they 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 that said use is not listed therein as being a
permitted use;
(b) That the proposed use will not adversely affect the adjoining land uses or the growth
and development of the area in which it is proposed to be located;
(c) That the size and shape of the site proposed for the use is adequate to allow the full.
development of the proposed use in a manner not detrimental to the particular area
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 and general welfare of the citizens of
4he City of Anaheim.
RECOMMENDATION:
(14) Staff recommends that, unless additional or contrary information is received during the
meeting, and based upon the evidence submitted to the Planning Commission, including
the evdencepresented 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 CEQA Categorical Exemption -Class 1 (Existing Facilities).
(b) By resolution ao°rove• in part, an amendment to Conditional Use Permit No. 2003-
04714 (tracking No. CUP2006-05110), permitting a change in the license from beer
and wine to alcoholic beverages for on-premises consumption in an existing
restaurant; and modification to the hours of operation to allow a closing time of
.midnight daily, by adopting the attached resolution including the findings and
conditions contained therein.
Page 5
(®RAF~
RESOLUTION NO. PC2006-"'
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
AMENDING CERTAIN CONDITIONS OF APPROVAL OF DECISION NO. ZA2003-26, ADOPTED IN
CONNECTION WITH CONDITIONAL USE PERMIT NO.2003-0471.4
{823 SOUTH BEACH BOULEVARD)
WHEREAS, on June 26, 2003, the Zoning Administrator did„by Decision No. ZA2003-26
grant Conditional Use Permit No. 2003-04714 to permit on-premises sale and consumption of beer and wine
in conjunction with an existing full-service restaurant; and
WHEREAS, Decision No. ZA2003-26, adopted in connection with subject use permit,
includes the following conditions of approval
"6. That subject alcoholic beverage (i.e., beer and wine) license shall not be exchanged for
a 'public premises' (Bar) type license, nor shall the establishment be operated as a
'public premises' as defined in Section 23039 of the California Business and Professions
Code.
9. That the gross sales of beer and wine shalt not exceed forty percent (40%) of gross
sales of all retail sales during any three (3) month period. The applicant shall maintain
records on a quarterly basis indicating the separate amounts of sales of alcohol and
other items.. These records shall be made available for inspection by any City of
Anaheim official during reasonable business hours.
11. That the sale of beer and wine for off-premises consumption shall be prohibited.
"24. That the hours of operations shall be Jimited to 5 a.m. to 11 p.m. daily, as stipulated by
the petitioner."
WHEREAS, the applicant has requested an amendment to this conditional use permit to
modify Condition Nos. 8, 9 and 11, to permit the sale pf alcoholic beverages for on-premises consumption;
and
WHEREAS, the applicant has further requested an amendment to this conditional use permit
to modify Condition No. 24 pertaining to the hours of operation; and
WHEREAS, pursuant to Anaheim Municipal Code Section No. 18.60.080.010 the Zoning
Administrator has referred this item. to the Planning Commission for review; and
WHEREAS, this property is currently developed with a full service restaurant and 70-unit
motel, the underlying zoning is C-G (General Commercial) and the Anaheim General Plan designates this
property for Residential Corridor jand uses; and
WHEREAS the Planning Commission did receive a verified Petition for Conditional Use
Permit for this property situated in the City of Anaheim, County of Orange, State of California., described as:
THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION,11, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, IN
THE CITY OF BUENA PARK, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN
ON A MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY CALIFORNIA, DESCRIBED AS FOLLOWS:.
Cr\PC2006- -1- PC2006-
COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF CRESCENT AVENUE,
BEING THE NORTH LINE OF SAID SOUTHEAST QUARTER OF SECTION 11, WITH THE
SOUTHWESTERLY LINE OF HIGHWAY NO.39, 110 FEET WIDE, AS DESCRIBED IN PARCEL
NO. 1 OF A DEED TO THE STATE OF CALIFORNIA, RECORDED ON AUGUST 18, 1941 IN
BOOK 1105, PAGE 397 OF OFFICIAL RECORDS, SAID ROADS BEING SHOWN ON A MAP
OF TRACT NO. 2443, RECORDED IN BOOK 74, PAGES 49 AND 50 OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE SOUTH 89° 44' 15"WEST
170.05 FEET ALONG SAID CENTERLINE OF CRESCENT AVENUE TO THE TRUE POINT OF
BEGINNING; THENCE SOUTH' 0° T 00" EAST 317.98 FEET PARALLEL WITH THE
CENTERLINE OF GRAND AVENUE, AS SHOWN ON SAID MAP OF TRACT NO. 2443, TO THE
NORTH LINE OF SAID TRACT NO. 2443; THENCE SOUTH 89° 44' 15" WEST 100.00 FEET
ALONG SAID NORTH LINE; THENCE NORTH 0° 7' 00" WEST 317.98 FEET PARALLEL WITH
SAID CENTERLINE OF GRAND AVENUE TO SAID CENTERLINE OF CRESCENT AVENUE;
THENCE NORTH 89° 44' 15" EAST 100.00 FEET TO THE TRUE POINT OF BEGINNING.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim. on September 6, 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 Planning 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 requested amendmenUmodification of use is properly one for which a conditional
use permit is authorized by'Anaheim Municipal Code Section 18.08.030.040.0402 (Alcoholic Beverage Sales
- On-Sale) for the sale of alcoholic beverages for on-premises consumption wiihin a full service restaurant.
2. That the request to modify Condition Nos. 8, 9 and 11 of Decision No. ZA2003-26 to permit
on-premises sale and consumption. of alcoholic beverages is hereby approved because although the location
is within an area of high crime there have been only two calls for service at this location for the past year..
3. That the request to modify Condition No. 24 of Decision Nd. ZA2003-26 to modify the hours
of operation. is approved in part, for the hours of 6:00 p.m. to 12:00 midnight daily, to be consistent with the
closing time granted for other full service restaurants within the City and to provide protection to the single-
family residences to the south.
4. That the size and shape of the site for the use has been adequate to allow the full
development of the restaurant in a manner not detrimental to the particular area or tc the health and safety,
and the proposed modifications would not alter the physical condition of the site.
5. That the traffic generated. by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
6. That 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 because the sale of alcoholic
beverages for on-premises consumption would be well controlled by the operational conditions of approval
imposed upon this request.
7. That "` indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
-2- PC2008-
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or her
authorized representative has determined that the proposed project falls within the definition of Categorical
Exemptions, Section 15301, Class 1 (Existing Facilities), as defined: in the State CEQA Guidelines and is,
therefore, exempt from the requirement to prepare additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby approve amendment to conditions of approval to permit the sale of alcoholic beverages for on-
premises consumption within a full service restaurant; and further, incorporates the following conditions of
approval contained in Decision No. ZA2003-26 into a new resolution with 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:
•*Bold indicates modified conditions
1. That at all times when the premise is open for business, the premise shall be maintained as a bona
fide restaurant and shall provide a menu containing an assortment of foods normally offered in such
restaurant.
2. That there shall. be no bar or lounge area upon the licensed premise maintained for the purpose of
sales, service, or consumption of alcoholic beverages directly to patrons for consumption.
3. That there shall. be no pool tables or amusement devices maintained upon the premises at any time
unless the proper permits have been obtained. from the City of Anaheim.
4. That the gross sales of alcoholic beverages shall not exceed 40 percent of the gross sales of al!
retail sales during any three (3) month period. The applicant shall. maintain records on a quarterly
basis indicating the separate amounts of sales of alcoholic beverages and other items. These
records shall be made available for inspection by any City of Anaheim official when requested.
5. That there shall be no live entertainment, amplified music or dancing permitted on the
premise at any time.
6. That the sale of alcoholic beverages for consumption off the premise shall be prohibited.
7. That there shall be no exterior advertising of any kind or type, including advertising directed to the
exterior from within,. promoting or indicating the availability of alcoholic beverages.
8. That there shall be no admission fee, cover charge, nor minimum purchase required.
9. That the activities occurring in conjunction with the operation of this establishment shall not cause
noise disturbance to surrounding properties.
10. That subject alcoholic beverage license shall not be exchanged for a public premise (bar) type
license nor shall the establishment be operated as a public premise as defined in Section 23039 of
the Business and Professions Code..
11. That the parking lot serving the premises shall be equipped with lighting of sufficient power to
illuminate and make easily discernible the appearance and conduct of all persons on or about the
parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to
unreasonably illuminate the windows of nearby residences.
12. That the business operator shall comply with Section 24200.5 of the Business and Profession Code
so as not to employ or permit any persons to solicit or encourage others, directly or indirectly, to buy
` them drinks in the licensed premises under any commission, percentage, salary,. or other profit-
sharing plan, scheme or conspiracy.
-3- PC2006-
13. That all doors serving subject restaurant shall conform to the requirements of the Uniform Fire
Code and shall be kept closed at all times during. the operation of the premises except for
ingress/egress, permit deliveries and in cases of emergency.
14. That there shall be no public telephones on the property that are located outside the building and
within the control of the applicant.
15. That the on-site landscaping including the trees shall be maintained in a healthy condition. Any
landscaping which is damaged, diseased or dies shall be replaced in a timely manner.
16, That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty
four (24) hours from the time of discovery.
17. That no advertising or identification of any type shall be permitted on any outdoor furniture or
equipment including umbrellas, by illustration, text or any other means of visual communication.
18. That the hours of operation shall be limited to 6:00 p.m. to midnight daily.
19. That all signage shall comply with all signing requirements of the C-G (Commercial General) Zone
in which this property is located.. Any new signs shall be subject to review and approval by the
Planning Service Division.
20. That revised plans shall be submitted to the Planning Services Division for review and
approval prior to the issuance of a building permit indicating glass walls with no
obstructions and a swinging door for each of the nine (9) private dining rooms..
21. That this establishment shall be operated as a 'bona fide public eating place' as defined by Section
23038 of the California Business and Professions Code.
22. That the trash storage area shall be maintained in a location. acceptable to the Streets and
Sanitation Division of the Public Works Department and the Planning Services Division, and in
accordance with approved plans on file with the Public Works Department. Said storage area shall
be maintained so as not to be readily identifiable from. the adjacent public street. The walls of the
storage area 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.
23. 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 No. 20, above-mentioned, shall be complied with.
Extensions for further time to complete said conditions may be granted in accordance with Section
18.03.090 of the Anaheim Municipal Code.
24. That prior to commencement of the activity authorized by this resolution, 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 3.
25. That prior to final building and zoning inspections, Condition No. 24, above-mentioned, shall be
complied with.
26. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal Zoning Code and any other applicable City, State, and
Federal regulations. Approval does not include any action or findings as to compliance or approval
of the request regarding any other applicable ordinance, regulation, dr equipment.
-4- 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 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.
7HE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
September 6, 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 maybe 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 September 6, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, [have hereunto set my hand this day of
2006.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION.
-5- PC2006-
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City of Anaheim
P®LICE l)EPAIt~'IVIEN'T
Special Operations Division
To: Della Herrick
Planning Department
From: A/Sergeant J.A. Rodriguez
Vice Detail
Date: August 17, 2006
RE: CUP 2006-05110
Covered Wagon Restaurant
821 S. Beach Blvd.
Anaheim, CA 92804
Attachment -Item No. 6
The Police Department received an I.D.C. Route Sheet for C.U.P. 20i
05110. This applicant is requesting to amend the existing conditional
use permit to permit on sale alcoholic beverages for on premises
consumption and amend conditions of approval pertaining to time
limitation of hour of operation.
The location is within Reporting District 1815, which has a crime rate of
335% percent above average. It is also within census tract 869.02,
which has a population of 4,921. This population allows for six On Sale
licenses and there are presently three licenses in this census tract. This
population also allows for three Off Sale licenses and there are
presently four active licenses in this census tract.
The census tract boundaries are:
North Lincoln. Avenue
South Ball Road
East. Beach Boulevard
West Western Avenue
Anaheim Police Dept.
4255: Harbor Hlvd.
Anaheim, CA 92805
TEL: 714.765.1401
FAX: 714.765.[665
The Police Department has responded to 821 S. Beach Boulevard twice
in the last year. The calls consist of 1 suspicious circumstance, and 1
restraining order. The property is attached to a motel, and the
remainder of the calls are attached to that address.
The Reporting District to the north of this location is 1715 and has a
crime rate of 115 percent above average. The Reporting District to the
south is 1915 with a crime rate of 34 percent below average. The
Reporting District to the west is 1814 with a crime rate of 1 percent
below average. The Reporting District to the east is 1816 with a crime
rate of 156 percent above average.
Memorandum
Della Herrick
Covered Wagon Restaurant
The Police Department does not oppose the request to change their
Alcoholic Beverage Control license from a type 41 to a type 47. We do
oppose the extended hours request to 2 a.m. The closing time for other
restaurants with. no entertainment in the City is midnight. We would
request midnight at this time and let the business get established and
prove itself as an asset to the west end of the City. If after a year they
think the business needs the additional time we would reconsider longer
hours at that time. We do recognize that the owners of the Motel have
made improvements in their relationship with the City and with the
Police Department. We request the following conditions be placed upon
the Alcoholic Beverage License and the Conditional Use Permit:
1) At all times when the premise is open for business, the premise
shall be maintained as a bona fide restaurant and shall provide a
menu containing an assortment of foods normally offered in such
restaurant.
2) There shall be no bar or lounge area upon the licensed premise
maintained. for the purpose of sales, service, or consumption of
'alcoholic beverages directly to patrons for consumption..
3) There shall be no pool tables or amusement devices maintained
upon the premises at any time unless the proper permits have
been obtained from the City of Anaheim.
4) The gross sales of alcoholic beverages shall not exceed 40
percent of the gross sales of all retail sales during. any three (3)
month period. The applicant shall. maintain records on a quarterly
basis indicating the separate amounts of sales of alcoholic
beverages and other items. These records shall be made
available for inspection by any City of Anaheim official when
requested.
5) There shall be no live entertainment, amplified music or dancing
permitted on the premise at any time.
6) The sale of alcoholic beverages for consumption. off the premise
shall be prohibited'.
7) There shall be no exterior advertising of any kind or type, including
advertising directed to the exterior from within, promoting or
indicating the availability of alcoholic beverages.
8) There shall be no admission fee, cover charge, nor minimum
purchase required.
Page 2
Memorandum
Della Herrick
Covered Wagon Restaurant
9) The activities occurring in conjunction with the operation of this
establishment shall not cause noise disturbance to surrounding
properties.
10) That subject alcoholic beverage license shall not be exchanged
for a public premise (bar) type license nor shall the establishment
be operated as a public premise as defined in Section 23039 of
the Business and Professions Code.
11) That the parking lot serving the premises shall be equipped with
lighting of sufficient power to illuminate and make easily
discernible the appearance and conduct of all persons on or about
the parking lot. Said lighting shall be directed, positioned and
shielded in such a manner so as not to unreasonably illuminate
the windows of nearby residences.
12) That the business operator shall comply with Section 24200.5 of
the Business and Profession Code so as not to employ or permit
any persons to solicit or encourage others, directly or indirectly, to
buy them drinks in the licensed premises under any commission,
percentage, salary, or other profit-sharing plan, scheme or
conspiracy.
13) That all doors serving subject restaurant shall conform to the
requirements of the Uniform Fire Code and shall be kept closed at
all times during the operation of the premises except for
ingress/egress, permit deliveries and in cases of emergency.
14) There shall be no public telephones on the property that are
located outside the building and within the control of the applicant.
t:\home\mminvin\2006-OSY10 Covered Wagon Reslaurdnl.dac
Page 3
Attachment -Item No. 6
MAJOR AMENDMENTS
June 6, 2006
The Columbos Italian Restaurant located at 821/823 S. Beach in Anaheim will be closed
and the building will be leased to Woo Suk Yang who will operate a Korean restaurant at
that location. In order to accomplish this the following changes in the existing CUP will
be required.
The following conditions to remain unchanged
1,2,3,4,5,6,7,8,9,11,12,13,14,15,16,17,18,19,20,21,22,23,25,26,27,28, POs
Condition 8 THAT THE SUBJECT ALCOHOLIC BEVERAGE (BEER AND WINE)
SHALL NOT BE EXCHANGED FOR A PUBLIC PREMISES (BAR) TYPE LICENSE,
NOR SI-IAhL THE PREMISES BE OPERATED AS A PUBLIC PREMISES AS
DEFINED IN Section 23039 of the California Business and Professions Code will be
unchanged (A.B.C. 48 license where liquor is the principle source of business and there is
either no food sold or food sales are incidental to the service of alcohol.)
The proposed change would allow for A.B.C. 47 license which allows liquor to be sold in
an enclosed restuatant where food is the main item of sale. (condition 9 would still
aPP1Y)
Condition 24 the present 19 hours of operation would be abandoned. The restaurant
would only serve dinner from 6 P.M. to 2 A.M. The business would be closed during the
~iav.
CUB Rl(1. 2003 - p k 7 i tF
DECISION NO. ZA 2003-26
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING CONDITIONAL USE PERMIT NO. 2003-04714
OWNER: Gregory Parkin
2500 West Orangethorpe Avenue, #V
Fullerton, CA 92833
LOCATION: 823 South Beach Boulevard
CEQA STATUS: Categorically Exempt, Class 1
HEARING DATE: June 26, 2003
OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal,
and no correspondence in apposition was received.
SUPPORT: That one residential neighbor spoke at the public hearing in support of the proposal.
REQUEST: Petitioner requests approval of a conditional use permit under authority of Code
Sections 18.12.050.010 and 18.44.050.010 to permit on-premises sale and '
consumption of beer and wine in conjunction with. an existing full-service restaurant in
the CL (Commercial, Limited) Zone.
Having been. appointed Zoning Administrator by the.Planning Director to decide the above-referenced
petition, pursuant to Anaheim Municipal Code Section 18.12.020, and a public hearing having been duly
noticed for and held on the date set forth above, I do hereby find, pursuant to the Sections 18.02.030.030
through 18.02,030.035 of the Anaheim Municipal Cade:
1. That the proposed use (s properly one for which a conditional use permit is authorized by
the Zoning Code.
2. 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.
3. That the size and shape of the site for the proposed use is adequate to allow full
development of the proposed use in a manner not detrimental to the particular area nor to the peace,
health, safety and general welfare.
4. That the traffic generated by the proposed use will not 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, under the conditions imposed, will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
CALIFORNIA ENVIRONMENTAL QUALITY ACTPINDINGS: That the Zoning Administrator has
reviewed the proposal to permit on-premises sale and consumption of beer and wine in conjunction with an
existing full-service restaurant In the CL (Commercial, Limited) Zone on a 1.3-acre rectangularly-shaped
properly having a frontage of 192 feet on the west side of Beach Boulevard and a maximum depth of 299
feet, being located approximately 975 feet north of the centerline of Ball Road, and further described as
821 South Beach Boulevard (Columbo's Italian Ristorante); and that the Planning Director or his
authorized representative has determined that the proposed project is Categorically Exempt, Class 1,
under Section 15061(b)(1) of the State of California Environmental Quality Act Guidelines.
ZA2003-026.doc - 1 of 4 - ZA 2003-26
Based on the evidence and testimony presented to me, I do hereby determine to approve Conditional
Use Permit No. 2003-0471.4, subject to the following conditions:
1: That the landscape planters shall be permanently maintained with live and healthy plants.
2. 'That any tree planted on-site shall be replaced in a timely manner in the event that it fs removed,
damaged, diseased and/or dies.
3: '' That all doors serving the restaurant shall conform to Uniform Fire Code requirements, and shall be
kept closed at all times during operation of the premises except for ingress/egress, deliveries and
emergencies.
4. ,..-That this establishment shall be operated as a'bona fide public eating place' as defined by Section
23038 of the California Business and Professions Cade.
5. That at all times when the premises are open for business, the premises shall be maintained as a
bona fide restaurant and shall provide an assortment of foods normally offered in such a restaurant.
6. 'That there shall be no bar or lounge area upon the licensed premises maintained for the purpose of
- sales, service or consumption of alcoholic beverages directly to patrons far consumption.
7.--~ That there shall be no pool tables, vending machines or arcade devices maintained upon the premises
at any time.
8... That subject alcoholic beverage (i,e., beer and wine) license shall not be exchanged fora 'public
premises' (bar) type license, nor shalt the establishment be operated as a'public premises' as defined
in Section 2303$ of the California Business and Professions Code.
g. That the gross sales of beer and wine shall not exceed forty percent (40%) of gross sales of all retail
sales. during any three (3) month period. The applicant shall maintain records on a quarterly basis
indicating the separate amounts of sales of alcohol and other items. These records shall be made
available for inspection by any City of Anaheim official during reasonable business hours.
10 That there shall be no live entertainment,. amplified music or dancing permitted on the premises at any.
time without the prior issuance of proper permits as required by the Anaheim Municipal Code.
11: That the sale of beer and wine for off-premises consumption shall be prohibited.
12: That there shall. be no exterior advertising of any kind or type, including advertising directed to the
exterior from within, promoting or indicating the availability of alcoholic beverages (i.e., beer and wine).
13:' That the activities occurring in conjunction with the operation. of this establishment shall' not cause
' noise disturbance to surrounding properties.
14: That the parking lot serving the premises shall be equipped with lighting of sufficient power to
illuminate and make easily discernible the appearance and conduct of all persons on or about the
parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to
unreasonably iliuminate the windows of nearby residences. Said information shall be specifically
shown on plans submitted to the Police Department, Community Services Division, for review and
approval
15: ' That the business operator shall comply with Section 24200.5 of the Business and Professions Code
- so as not to employ or permit any persons to solicit or encourage others, directly or indirectly, to buy
them drinks in the licensed premises under any commission, percentage, salary, or other profit-sharing
_,, _ plan, scheme or conspiracy.
ZA2003-026.doc - 2 of 4 - 7A 2003-26
16. -'that there shall be no public telephones on the premises which are located outside the building and
which are within the control of the applicant.
17.-' That there shall be no admission fee, cover charge, or required minimum purchase.
r18. That the proposal shall comply with all signing requirements of the "CL" (Commercial, Limited) Zone in
which this property is located. Any new signs shall be subject to review and approval by the Zoning
Division.
19. That no advertising or identification of any type shall be permitted on any outdoor furniture or
equipment including umbrellas, by illustration, text or any other means of visual communication.
20. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four
(24) hours from time of occurrence.
21. 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 es 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.to the Planning Department and Public WorksDepartment,
Streets and Sanitaticn Division, for review and approval.
22. That four (4) foot high address numbers shall be displayed on the Flat area of the building roof in a
contrasting color to the roof material, provided that the numbers shall not be visible to the adjacent
street or properties. Said. information shall be specifically shown on plans submitted' to the Police
Department, Community Services Division, for review and approval.
23. That at all times that entertainment or dancing. is permitted, security measures shall be provided to the
satisfaction of the Anaheim Police Department td deter unlawful conduct on the part of employees or
patrons, and to promote the safe and orderly assembly and movement of persons and vehicles, and to
prevent disturbance to the neighborhood by excessive noise created by patrons entering or leaving the
premises.
24. That the hours of operation shall be limited to 5 a.m. to 11 p.m. daily, as stipulated by the petitioner.
25, 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, 2 and 3, and as conditioned herein.
26. That prior to commencement of the activity authorized by this decision, or prior to issuance of a
building permit, or within a period of one (1) year from the date of this decision, whichever occurs
first, Condition Nos. 14, 21 and 22, above-mentioned, shall be complied with. Extensions for further
time to complete said conditions may be granted in accordance with Section 18.03.09D of the
Anaheim Municipal Code.
27. That prior to commencement of the activity authorized by this Decision or prior to finaP building and
zoning inspections, whichever occurs first, Condition No. 25, above-mentioned, shall be complied with.
28. That approval of this application constitutes approval of the proposed request only to the extent that
itcomplies 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.
ZA2003-026.doc - 3 of 4 - ZA 2003-26
This decision is made, signed, and entered into the file this 3rtl day of July 2003.
~ ~ ~ ~~~
Annika M. Santalahh, Zoning Administrator
NOTICE: This decision shall become final unless an appeal to the City Council, in writing, accompanied
by an appeal fee, is filed with the City Clerk within 15 davs of the date of the signing of this decision or
unless members of the City Council shall request to review this decision within said 15 days.
DECLARATION OF SERVICE BY MAIL: I do hereby declare under penalty of perjury that on the date set
forth below, I did deposit,. in the United States Mail, a copy of the decision to the applicant and did forvvard
a copy to the City Clerk.
DATE: July 3, 2003 ~ _
nielle Masci or rocess ng Operator
ZA2003-026.doc
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ZA 2003-26