PC 2007/06/11a v I nni
ssi a
onday, June 11, 2007
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.IVI.
• Staff update to Commission on various City developments and issues
(As requested by Planning Commission)
• Preliminary Plan Review for items on the June 11, 2007 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.
• Workshop on Anaheim Regional Transportation Intermodal Center {ARTIC)
• Recess To Public Hearing
• Reconvene To Public Hearing 2:30 P.MI.
• 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(7a anaheim.net
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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.
Reports and Recommendations
i ut s
1A. Receiving and approving the Minutes from the Planning Commission
Meeting of May 30, 2007. (Motion)
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Page 2
Pu blic Hearing Items:
2a. CEQA ENVIRONMENTAL IMPACT REPORT NO. 313
(PREVIOUSLY-CERTIFIEDI
2b. WAIVER OF CODE REQUIREMENT
2c. CONDITIONAL USE PERMIT NO. 2007-05198
Owner: Steiner Corporation,
505 East South Temple,
Salt Lake City, UT 84102-1004
Agent: Geoff Bonney, Bonney Architects,
300 East State Street Suite #620,
Redlands, CA 92373
Location: 1740 South 2evn Street, 1755 and 1763 South Anaheim
Boulevard: Property is approximately 2.1 acres, having a
frontage of 326 feet on the east side of Zeyn Street and is
located 250 feet north of the centerline of Katella Avenue.
Request to expand a legal non-conforming commercial laundry facility
with waivers of (a) minimum landscape and structural setback adjacent to
Zeyn Street and Anaheim Boulevard, (b) maximum permitted fence Project Planner:
height, (c) minimum distance between driveways serving adjacent (kwong2@anaheim.net)
parcels, and (d) minimum number of required parking spaces.
Continued from the April 3D, May 14, and May 30, 2007, Planning Commission
meetings.
Conditional Use Permit Resolution No.
3a. CEQA CATEGORICAL EXEMPTION -CLASS 3
3b. WAIVER OF CODE REQUIREMENT
3c. CONDITIONAL USE PERMIT NO. 2007-05210
Owner: 1700 EI Dorado, LP
151 Kalmus Drive, K-1
Costa Mesa, CA 92626
Agent: Paul Chiavatti
Impress Development Corp.
1340 W. Pearl Street #A
Anaheim, CA 92801
Location: 1320 West Pearl Street: Property is approximately 0.2-
acre, having a frontage of 65 feet on the south side of Pearl
Street and is located at the terminus of Dwyer Ptace.
Project Planner:
Request to establish a drug and alcohol rehabilitation facility for up to 24 (dsee@ananeim.neD
residents with waivers of minimum number of parking spaces.
Conditional Use Permit Resolution No.
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Page 3
4a. CEQA NEGATIVE DECLARATION
4b. GENERAL PLAN AMENDMENT NO. 2007-00460 Request for continuance
4c. RECLASSIFICATION NO. 2006-00190 o June 25, 2007
4d. WAIVER OF CODE REQUIREMENT
4e. CONDITIONAL USE PERMIT NO. 2006-05175
4f. TENTATIVE TRACT MAP NO. 17139
Owner: Natalie Tran
3100 Lindacita
Anaheim, CA 92804-1715
Quyen Tran
237 South Beach
Anaheim, CA 92804-1815
Agent: Mertco
Attn: Ray Ward
2614 Ocean Blvd.
Corona Del Mar, CA 92625
Location: 237 South Beach Boulevard and 3100 West Lindacita
Lane:
Portion A: Property is approximately 0.27-acres, having a
frontage of 47 feet on the southeast side of Lindacita Lane
and a maximum depth of 142 feet (3100 W. Lindacita Ln).
Portion B: Property is approximately 1.68 acres, is a land-
locked parcel and is located north across a flood control
channel from 3067 and 3079 West Orange Avenue and is
located 175 feet south of the centerline of Grand Avenue
(237 S. Beach Blvd).
General Plan Amendment No. 2007-00460 -Request to redesignate
Portion A from the Low Density Residential designation to the Low-
Medium Density designation.
Reclassification No. 2006-00190 -Request reclassification of Portion A
from the RS-2 (Residential, Singe-Family) zone to the RS-4 (Residential,
Single-Family) zone, or a less intense zone, and Portion B from the T
(Transition) zone to the RS-4 (Residential, Single-Family) zone, or a less
intense zone and to remove the Mobile Home Park Overlay zone. project Ftanner.
(kwong2Qanaheim.net)
Conditional Use Permit No. 2006-05175 -Request to construct an 11-
unit detached single-family residential subdivision with waiver of
improvement of private street for Portions A and B.
Tentative Tract Map No. 17139 - To establish a 12 numbered and 1
lettered lot, 12-unit detached single-family residential subdivision for
Portions A and B.
General Plan Amendment Resolution No.
Reclassification Resolution No.
Conditional Use Permit Resolution No.
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Page 4
Sa. CEQA NEGATIVE DECLARATION
5b. WAIVER OF CODE REQUIREMENT
5c. CONDITIONAL USE PERMIT NO: 2007-05211
5d. TENTATIVE PARCEL MAP NO. 2007-137
Owner: 5410 East La Palma, LLC
2441 South Pullman
Santa Ana, CA 92705
Agent: Ware Malcomb
10 Edelman
Irvine, CA 92618
Location: 5410 East La Palma Avenue: Property is approximately 4
acres, having a frontage of 340 feet on the south side of La
Palma Avenue and is located 305 feet east of the centerline
of Brasher Street.
Conditional Use Permit No. 2007-05211 -Request to permit an
automotive dealership in an existing industrial building with waiver of
minimum building and landscape setbacks abutting a street.
Tentative Parcel Map No. 2007-137 - To establish a 1-lot, 6-unit*
airspace attached industrial condominium subdivision.
* Advertised as 10-units
Conditional Use Permit Resolution No.
Project Planner:
(skoehm aQanaheim.net)
Adjourn To Monday, June 25, 2007 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:
11:00 a.m. June 7. 2007
(TIME) (DATE)
LOCATION: COUNC L CHAMBER DISPLAY CASE AND
C UNCIL DISPLAY KIOSK
SIGNED: ~ t ,
0
If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this notice, or in a written
correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing.
RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION ACTION
Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use
Permits and Variances will be final 22 days after Planning Commission action and any action regarding
Tentative Tract and Parcel Maps will be final 10 days after Planning Commission action unless a timely
appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied
by an appeal fee in an amount determined by the City Clerk.
The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing
before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing.
ANAHEIM PLANNING COMMISSION
In compliance with the American with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the Planning Department, (714) 765-5139. Notification no later than 10:00 a.m.
on the Friday before the :meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting.
Recorded decision information is available 24 hours a day by calling the Planning Department's
Automated Tele hone S stem at 714-765-5139.
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Page 6
SCHEDULE
2007
June 11
June 25
July 9
July 23
~~ August 6 ~~
August 20
September 5 (Wed)
September 17
October 1
ber 15
October 29
II November 14 (Wed)
November 26
II December 10 II
II December 24 (Cancelled) II
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Page 7
Item No. 2
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SP 92-2
RCL 66-67-61 (7fi)
CUP 2884
cuP 73s
SP 92-2
RC CUP 2864 (BO)
CUP 2724
CUP 1679
CUP 735
VAR 3342
I RED ROOF INN
ANAHEIM RESIDENCE INN
SP 92-2 6P93-1
SATELLITE RCL fiG6] 61 1108) VAR 2002-04543
VAR 2002-04506
CLEANERS RCL 66.6761 f32)
RCL fi6E7-61 108
) RCL 5657-9
7LUP 2pp2-04604
AN
RCL 56-57-31 C
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ALL PROPERTIES ARE IN THE ANAHEIM RESORTT^t
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PCN 2004-00018 SATELLITE
RESTAURANT RETAIL
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10262
Conditional Use Permit No. 2007-05198
.Requested By: STEINER CORPORATION
Subject Property
Date: June 11, 2007
Scale: 1" = 200'
Q.S. No. 87
1740 South Zeyn Street, 1755 and 1763 South Anaheim Boulevard - Alsco.
iozsz
ALL PROPERTIES ARE IN THE ANAHEIM RESORTT"^.
Staff Report to the
Planning Commission
June 11, 2007
Item No. 2
2a. CEQA ENVIRONMENTAL IMPACT REPORT NO. 313 (Motion)
(PREVIOUSLY-CERTIFIED)
2b. WAIVER OF CODE REQUIREMENT (Motion)
2c. CONDITIONAL USE PERMIT N0. 2007-05198 (Resolution)
SITE LOCATION AND DESCRIPTION:
(1) This 2.1-acre property is'identified as 1740 South Zeyn Street, 1755 and 1763 South
Anaheim Boulevard and'is occupied by Alsco Incorporated, a commercial laundry facility.
The propertyowner is Steiner Corporation and the applicant for tfiis request is Geoff
Bonney, thea~chitect.
REQUEST'.'<
(2) Theapplicanfrequests approval of'a conditional use permit to expand a legal non-
conforming commerciallaundryfscility under authority. of Code Section Nos:
18.116.020.050.0503.Ofsnd 18.116.070.040.0402 (Nonconforming Uses -Expansion)
wi(fi waivers of the following provisions:
(a)'SECTION NO. 18.116.090.020. Minimum landscape and structural
settiack'adlacent to Zeyh Street and
Anaheim Boulevard.
20 feet required; 0-16 feet proposed)
(b) SECTION NO. 18.116.100.020 Maximum permitted fence height,
(8 feet permitted; 24 feet proposed):'
(c) SECTION NO. 18.116.140.1102 Minimum distance between driveways
serviho adiacentparcels.-
40 feet required; 20 feetproposed)
(d) SECTION NO. 18.42:040.010. Minimum numtier of oarkrtg spaces.
83 required; 77 proposed)
BACKGROUND:
(3) This hearing was continued from the April 30; May 14; and May 30; 2007, Commission
meetings to givelhe applicant time td complete the Preliminary Water Quality Management
Play and td resolve issues for the operation of the'busihess during donstructibn.
(4) This property is currently developed with a cdmmercial laundry facility and is located in the
Anaheim Resort, Commercial Recreation Development Area (SP92-2; p.Ai 1). The
General Plan designates this property and properties to the ndrth, east; west, and
southeast far Commercial Recreation land uses and the,property to the southwest for
Institutional land uses (future electrical substation).
Case Planner: K(m6erly Wong
Srcup2007-05182kiw.doc Page 1
Staff Report to the
Planning Commission
June 11, 2007
Item No. 2
indicate the first phase would include aone-story building adjacent to Zeyrr Street for the
sorting of linen and the second phase would jnclude the construction of a two-story.building
adjacentto Anaheim Boulevard for an indoor Ibading area and accessory offices (refer to
Exhibit Nos: 3 and 4): The expansion proposes an 11,715 square foot net addition to the
commercial laundry facility and anew trash enclosure.
(7) The existing buildings have some setbacks that are less'than current codes as identified
witfi an asterisk in the table below:' All of the proposed structures will comply with current
landscape and building setbacks except those ident~ed in bold below:
Direction_ ~: ~ ,- Code Required L Proposed '~ • ~Code~Required / Proposed
Buiidn Setback Landsca a Settiack
North (adjacent to 10 Feet / 0 Feet* ! 10 Feet / 0 Feet*
hotel
South (adjacent to 10 Feet 160 Feet 10 Feet I 0 Feet` -
commercial
East (adjacent to 20 Feet / 10 Feet 20 Feet / 10 Feet
Anaheim
Boulevard
!West (adjacent to 20 Feet / 40 Feet 20 Feet / 0 - 96 Feet
Ze n Street
Existing Legally Nonconforming. setback
(8) In ostler to maintain operation of the business during construction, the site plan indicates a
1-story, 990 square foot temporary structure. The temporary structure would be adjacentto
the existing building and set back 10 feet from Anaheim. Boulevard.: The elevations visible
to Anaheim Boulevard would be stucco and painted white to match the adjacent buildings.
(9) Access to the site would be provided via two (2) driveways along Zeyn Streetwith truck:
egress via one'(1) driveway along Anaheim Boulevard. The site plan indicates a total of 77
parking spaces comprised of 54 passenger vehicle spacesand 23 truck spaces. Cdde
requires a minimum bf 83 parking spaces based on a ratio of L55 parking spaces ped
1,000 square feet of gross floor area for light tndustriat uses.
(10) The elevation ,plans, colored rendering, and materials board depict modern industrial
architecture (refer to Exhibit Nos. 5, 6, and 7). The building additions would have a height
of up to 40 feet. A range of materials and colors are proposed, including a stucco finish for
the. majoritybf the building, painted in muted contrasting bolors. ,The roof and ections of
the building wbuld be made of metal!. A brown concrete wainscot is proposed for the base.
Altfiough the proposedarchitecture is inconsistent with the surrounding. hotels, the:
conceptual elevations enhance the industrial buildings..
Page 3
Staff Reportto the
Planning Commission
June 11, 2007
Item No. 2
EVALUATION:
(13) The expansion of non-conforming uses and structures is permitted'in the Anaheim Resort
Specific Plan subject to the approval of a contlitional use. permit..%The enhancement of all
buildings which would bring the use' and structures into greater conformity with the code is
encouraged.
(14) The applicant proposes landscape and building setbacks adjacentto Zeyn Street and
Anaheim Boulevard that are less titan code requirements. Code requires a landscape and
bu(tding setback of 20 feet abutting Zeyn Street and Anaheim Boulevard and 0 to 16 feet is
proposed. Tfte property is an irregular shape which limits the ability to comply with this
setback requirement. In addition, tfie existing. buildings, which wildremain; further constrain
the ability to provide the'minimum setbacks, required parking amd adequate circulation for
botfi passenger vehicles'and trucks. As seen in the aerial below,. there are no landscape
setbacks and minimal structural setbacks along Zeyn Street and Anaheim Boulevard. The
proposed setbacks would be equal to or greater than what is currently provided, in order to
bring the property into greater conformity with' the Anaheim Resort development standards,
the'applicant proposes to re-stripe he parkinglot and increase the landscaping in the
setback areas:; Since the proposed andscaping is greater than what is currently provided
and would enhance the'property, staff suooorts the waver.
Page 5
Staff Report to the
Planning Commission
June 11, 2007
Item No. Z
separation: Based on the temporary nature of the adjacent driveway, skaff suoports this
waiver.
(17) The applicant also requests to provide less parking than what the code requires. Code
requires a minimum of 83 parking spaces for the commerciallaundry facility and 77 are
proposed. The applicant has submitted a parking study: preparedby Clyde E: Sweet and
Associates; dated April 2007, to substantiate the requested parking waiver.` A parking
survey was cdnducted during operatlog hours and the results of the survey indicate a
maximum tlemantl of 23 parking spaces for trucks and 52 parking spaces far vehicles for a
totalbt 75 spaces during the survey period: The City's traffiadonsultant has. reviewed the
parking analysis and has determined that the proposed parking is sufficient for the
expansion of the commercial laundry facility.r-
(bt3) Staff is supportive of the request to expand the existing commercial laundry facility: The
proposed expansionwould bring the site into greater conformity with`current code
requirements by improving the parking lot and landscape areas: It also provides screening
of existing chemical tanks. This property is surrounded by hotel uses and includes highly
visible 2=story buildings; tharefore; staff is recommending a condition of approval requiring
'review by the City'sarchitecturalcnnsultant for cdmpliance with the Anaheim Resort design
guidelines to ensure that the proposed architecture is compatible with the surrounding
buildings: Other recommended standard conditions of approval would ensure proper
' maintenance, landscaping, sanitation, and screening of any new roof-mounted equipment.
FINDING&
(19) Section 18.42.110 of the parking code sets forth the following findings which are required to
be made before a parking waiver is approved by the Planning Commission:
(a) ..That the waiver, under the conditions imposed, if any, will not cause fewer off-street
parking spaces to be provided for such use than the number of sucft spaces
necessary to accommodate all vehicles attributable to sucR use under the normal and
reasonable foreseeable conditions of operation of such use.
(b) That the waiver, under the conditions imposed, if any, will not.increase the demand
and oompetitiort for parking spaces upon. the;public streets in the immediate vicinity of
the proposed use.
(c) That the waiver, under the conditions imposed, if any, wi0 not increase the demand for
parking spaces upon. adjacent private property in the immediate vicinity of the
proposed use.
(d) ,That the waiver, under the conditions imposed, will not increase traffic congestion
within the off-street parking areas or lots provided for such: use.
(e) That the waiver, under the conditions imposed, will not impede vehicular ingress tobr
egress from adjacent properties upon the'putilic streets in the immediate vicinity of the
proposed use.
'Unless conditions to the contrary are expressly imposed`upon the granting of any waiver
pursuant to this section, the granting of the waiver shall be deemed contingent upon
Page 7
Staff Report to the
Planning Commission
June 11; 2007
Item No. 2
operation of the proposed use in conformance with the assumptions relating tp the
operation and intensity pf the use as contained in the Parking Demand Study that formed
the basis for approval of the waiver. Exceeding, violating, intensifying or otherwise
deviating from'any of the assumptions as contained in the Parking Demand Study shall be
deemed a violation of the express conditions imposed upon the' waiver, which'shall subject.
the waiver to revocation or modification pursuant to the provisiortsbf Sectibn 18.60.200
(City-Initiated Revocation or Modification of Permits):!:.
(20} When practical difficulties or unnecessary hardships result from strict enforcement of the
Zoning Code, a modificatiofi may be granted for the purpose of assuring thatho property;:
becauserof special circumstances applicable to it shall be deprived of privileges commonly
enjoyed by other properties in the samevicinity and'zone:: The sole purpose of any
variance orcode waiver is to prevent discrimination and none shall be approved which
would have the effectof granting a special privilege not shared by other similar properties.
Therefore; before anybariance or code waiver is granted by the Planning Commission, it
shall be shown:
(e) That there are special circumstances applicable to the property such as size,.
shape; topdgraphy; location or surrouhdings, wh(ctr do hotapply to other identically
zoned properties fn the vicinity; and
(b) That strictapplication of the Zoning Code deprives the property ofprivileges
enjoyed by other properties under idehtical zoning classification in the vioinity.
(21) Before the Planning Commission grants any conditional use permit, it must make a finding
of fact that the evidence presented shows that allbf the following conditions exist:
(a) That the use is properly one for which a conditional usepermit is authorized by the
Zoning Code, br is ah unlisted use'as defined in Subsectiort.030 (Unlisted Uses
Permitted)'of Section 18.66.040 (ApprovafAuthority);
(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 snd shape cf the site for the use is adequate to allow the full
development of the proposed use in a manner not detrimentalto 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 Harry the traffic In the area; and
(e) Thafthe granting of the conditional use permit under the conditions imposed, if
any; will not be tletrimentalto the health and'safetybf tfie citizens of the City of
Anaheim:
Page 8
Staff Report to the
Planning Commission
June 11, 2007
Item No. 2
RECOMMENDATION:
(22) Staff recommends that the Planning Commission take the following actions:
(a) By motion, determine that the previously-certified Environmental Impact Report
No. 313 is adequate for this proposed use.
(b) By motion, a rove waivers (a), (b), (c), and (d):
(c) By resolution, a rove Conditional Use Permit No. 2007-05198:
Page 9
[®~~,F~
RESOLUTION NO. PC2007--**'
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05198 BE GRANTED
(1740 SOUTH ZEYN STREET & 1755 AND 1763 SOUTH ANAHEIM BOULEVARD).
WHEREAS, the Anaheim Planning Commission did receive. a verified Petition for Gondltional
Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of Califdrnia,
described as:
THE SOUTH 185 FEET OF THE NORTH 270 FEET ON THE WEST 200 FEET
OF THE EAST 440 FEET OF THE SOUTH HALF OF THE SOUTH HALF OF
THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH,
RANGE 10 WEST, SAN BERNARDINO BASE & MERIDIAN, CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID
SECTION IS SHWON ON A MAP RECORDED 1N BOOK 51, PAG 10 O'F
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on April 30, 2007, 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 16.60, to
hear and consider evidence for and against said proposed conditional use permit and to investigate and
make findings and recommendations in connection therewith; and that said public hearing was continued to
the May 14, May 30, and June 11, 2007 Planning Commission meetings; and
WHEREAS, said Commission, after due inspection, Investigation and study made by itself
and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find
and determine the following facts:,
1. That the proposed request to expand a legal nonconforming commercial laundry facility is
properly one for which a conditional use permit is authorized by the Anaheim MunicipaLCode Section
18.116.020.050.0503.01 and 18.116.070.040.0402 (Nonconforming Uses -Expansion) with waivers of the
following provisions:.
(a) SECTION NO. 18.116.090.020 Minimum landscape and structural setback
adjacent to Zevn Street and Anaheim
Boulevard.
l?D feet required; 0-16 feet proposed)
(b) SECTION NO. 18.116.100.020 Maximum oennitted fence heioht: .
L feet permitted; 24 feet proposed).
(c) SECTION NO. 18.116.140.1102 Minimum distance between driveways
serving adjacent parcels...
40 feet required; 20 feet proposed)
(d) SECTION NO. 18.42.040.010 Minimum number of parking spaces.
83 required; 77 proposed)
2. That the above-mentioned waiver (a) is hereby approved as the site is an irregular shape
and the location of existing buildings further constrains the ability to provide the minimum landscape and.
structural setbacks. The existing property is not developed with any landscape setbacks, and the proposed
landscaping is greater than what is currently provided and would enhance the property....
Cr\PC2007- -1- PC2007-
3. That the above-mentioned waiver (b) is hereby approved because the solid metal fence
would screen the existing chemical tanks which are currently not screened and visible from the abutting hotel
rooms to the east. The proposed height of the screen would bring the property into greater conformity and
minimize the existing negative visual view of the tanks from the adjacent hotels. The screen would not be
visible from the public right-of-way because the buildings along Anaheim Boulevard and Zeyn Street are'of°
greater heights.
4. That the above-mentioned waiver (c) is hereby approved because the property to the south
would be developed in 2008 by the City which include plans to relocate the existing driveway forty (40) feet
south of the shared property line. This property is unique because it abuts a City substation site. This
waiver would only be temporary and would no longer be needed after the City develops the site to the south.
5. That the parking waiver is hereby approved based upon the parking demand study prepared
by Clyde E. Sweet and Associates, providing evidence that adequate parking would be provided on the
property far the expansion of the commercial laundry facility:
6. That the parking waiver, under the dohditlons imposed, if any, will not cause fewer off-street
parking spaces to be provided for the commercial laundry facility than the number of spaces necessary to
accommodate all vehicles attributable to such use under the normal and reasonable foreseeable conditions
of operation because the parking study indicates that the peak parking demand for off-street parking spaces
is lower than the quantity provided for the project site.
7: That the parking waiver, under the conditions imposed, if any, will not increase traffic
congestion and will not increase the demand and competition for parking spaces upon the public streets in
the immediate vicinity pf the use because the commercial laundry facility will have adequate parking to
accommodate the project's peak demands and the expansion would not result in an increased amount of
employees.
8. That the parking waiver, under the conditions imposed, if any; will not impedevehicular
ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the
proposed use because the project site Is physically separated from adjacent private properties. Furthermore,
it has been determined by the parking study that adequate on-site parking spaces are being provided.
9. That the proposed commercial laundry facility would not adversely affect the adjoining land
uses and the growth and development of the area in which it is proposed to be located.
10. That the size and shape of the site for the use is adequate to allow the full development of
the proposed use in a manner not detrimental to the particular area or to the health and safety.
11. That granting of the conditional use permit under the conditions imposed, will not be
detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is
compatible with the surrounding area
12. Thai"' indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Anaheim Planning
Commission has reviewed the proposal to expand a legal nonconforming commercial laundry facility and
does hereby determine that the proposed project's environmental effects are within the parameters,
assumptions and time frames analyzed in the previously-certified Environmental Impact Report No. 313 for
the Anaheim Resort Specific Plan and that it has considered the previously-certified Environmental Impact
Report together with any comments received during the public review process and further finding on the
basis of the initial study and any comments received, including Mitigation Monitoring Plan No: 075, that there
is no substantial evidence that the project will have a significant effect on the environment.
-2- PC2007-
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby
found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the
health and safety of the Citizens of the City of Anaheim:
1. That adequate lighting of parking lots, driveway, circulation areas, aisles, passageways, recesses and
grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate
illumination to make clearly visible the presence of any person on or about the premises during the hours
of darkness and provide a safe, secure environment for all persons, property, and vehicles on-site. Said
information shall be specifically shown on .plans submitted for Police Department, Community Services
Division approval
2. That 4-foot high street address numbers shall be displayed flat on the roof of the building in a color that
contrasts with the roof material. The numbers shall not be visible from the streets or adjacent properties.
Said information shall be specifically shown on plans submitted for building permits.
3. That a plan sheet for solid waste storage, collection and a plan for recycling shall be submitted to the
Public Works Department, Streets .and Sanitation Division for review and approval
4. That trash storage areas shall be provided and maintained In a location acceptable to the Public Works
Department and in accordance with approved plans on file with said Department. Said storage areas
shall be designed, located and screened so as not to be readily identifiable from adjacent streets or
highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant
materials such as minimum one-gallon size clinging vines planted on maximum three-foot centers or tall
shrubbery. Said information shall be specifically shown on the plans submitted for building permits.
5. That an on-site trash truck turn-around area shall be provided per Engineering Standard befall No. 476
and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said
tum-around area shall be specifically shown on plans submitted for building .permits.
6. That the project shall provide for accessible truck deliveries on-site. Said information shall be specifically
shown pn plans submitted for building permits.
7. That all new backflow equipment shall be located aboveground and outside of the street setback area in
a manner fully screened from all public streets. Any backflow assemblies currently installed in a vault
shall be brought up to current standards. Any other large water system equipment shall be installed to
the satisfaction of the Water Engineering Division in either underground vaults or outside of the street
setback area in a manner fully screened from all. public streets and alleys. Said information shall be
specifically shown on plans and approved by the Water Engineering Department.
8. That the locations for future above-ground utility devices including, but not limited to, electrical
transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on
plans submitted for building permits. Plans shall also identify the specific screening treatments of each
device (i.e. landscape screening, color of walls, materials., identifiers, access points, etc.).
9. That plans shall be submitted to the Planning Services Division for review and approval in conformance
with the current version of Engineering Standard Plan Nos. 436;'and 470 pertaining to parktng standards
and driveway location. Subject property shall there upon be developed and maintained in conformance
with said plans.
10. That plans shall be submitted to the Planning Services Division for review and approval in conformance
with the current version of Engineering Standard Plan Nos. 115-B and 116 indicating the relocated
-3- PC2007-
driveway approaches. Relocated driveway approaches shall be contained within property lines and shall
not encroach into adjacent property.
11. That final elevation plans shall be submitted to the Planning Services Division for review. Said plans
shall incorporate the use of varied material, detailed information pertaining to the materials and colors
proposed, and detailed information pertaining to the quality and design of proposed lighting. Said plans
shall be reviewed by the City's architectural consultant for compliance with the design standards of the
Anaheim Resort. Plans shall be modified as necessary to demonstrate compliance. Any decision by
staff may be appealed to the Planning Commission as a "Reports and Recommendations" item.
12. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully
screened by architectural devices and/or appropriate building materials. Said information shall be
specifically shown on the plans submitted for building permits.
13. That the property owner shall submit a letter requesting termination of Conditional Use Permit No. 1392
(to expand an existing nonconforming automobile maintenance and repair facility for the purpose of
maintain and requiring motorhomes and campers waiving (a) minimum required front setback and (b)
minimum required number of parking spaces) to the Planning Services Division.
14. That the applicant shall submit street improvement plans to the Public Works Department to improve
Zeyn Street with twenty (20) foot centerline to curb with a six (6) foot wide parkway and four (4) foot wide
sidewalk in conformance with the Anaheim Resort Specific Plan. A bond shall be posted to guarantee
that Zeyn Street is improved per the Anaheim Resort Specific Plan.
15. Thata lot line adjustment shall be submitted to the Public Works Department, Development Services
Division to merge the existing parcels into one legal lot. The Lot Line Adjustment shall be approved by
the City Engineer and recorded in the office of the Orange County Recorder prior to issuance of a
building permit.
16. That the applicant shall submit to the Public Works Department Development Services Division for
review and approval a Water Quality Management Plan that:
Addresses Site Design Best Management Practices (BMPs) such as minimizing imperious
areas, maximizing permeability, minimizing directly connected impervious areas, creating
reduced or "zero discharge" areas, and conserving natural areas.
o Incorporates the applicable Routine Source Contrbl BMPs as defined in the Drainage Area
Management Plan.'
17. That the City of Anaheim Drainage Impact Mitigation Fee for the South Central Area shall be paid. The
fee is currently $26,101 per acre. Credit will be applied for the current development: The project
architect pr engineer must document the existing impervious area and the proposed impervious area. If
the impervious area remains the same or decreases, no fee is due. If the impervious area increases, the
fee will be proportional to the increase.
18. That the City of Anaheim Sewer Impact Mitigation Fee fpr the South Central Area is $208/1,000 s.f., shall
be paid.
Prlor to final building and zoning inspections the following conditions shall be complied with:
19. That the tempgrarYStructure shall be removed upon completion of construction for Phase 2.'
20. That street improvements on Zeyn Street shall be constructed.
21. That prior to issuance of certificate of occupancy, the applicant shall '
-4- PC2007-
• Demonstrate that all structural BMPs described in the Project WQMP has been constructed
and installed in conformance with approved plans and specifications.
• Demonstrate that the applicant is prepared to implement all non-structural BMPs described
in the Project WQMP.
• Demonstrate that an adequate number of copies of the approved Project WQMP are
available onsite.
• Submit for review and approval by the City an Operation and Maintenance Pian for ail
structural BMPs.
22. That the subject property shall be developed substantially ih accordance with the plans and
specifications submitted to the City of Anaheim by the applicant and which plans are on file with the
Planning Department Exhibit Nos. 1 through 7, and as conditioned herein.
General Conditions:
23. That the developer shall be responsible for compliance with all mitigation measures within the assigned
time frames and any direct costs associated with the attached Mitigation Monitoring Plan No. 75 as
established by the City of Anaheim and as required by Section 21081.6 of the Public Resources Code to
ensure implementation of those identified mitigation measures.
24. That any required relocation of City electrical facilities shall be at the developer's expense.
25. That ail requests for new water services, fire hydrants, or fire lines, as well as any modifications,
relocations, or abandonment's of existing water services and fire lines, shall be coordinated through
Water Engineering Division of the Anaheim Public Utilities Department.
26. That no required parking areas shall be fenced or otherwise enclosed for outdoor storage uses.
27. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event that
it is removed, damaged, diseased and/or dead.
28. 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.
29. That all trash generated from this commercial laundry facility shall be properly contained in trash bins
located within approved trash enclosures. The number of bins shall be adequate and the trash pick-up
shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the
property. The Community Preservation Division of the Planning Department shall determine the need for
additional bins or additional pick-up. All costs for increasing the number of bins or frequency of pick-up
shall be paid by the business owner.
30. Extensions for further time to complete said conditions may be granted in accordance with Section
18.03:090 of the Anaheim Municipal Code.
31. 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 the Anaheim Municipal Code and (iii) the
applicant has demonstrated significant progress toward establishment of the use or approved
development.
32. 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 find(ngs as to compliance or approval of the request
regarding any other applicable ordinance, regulation or requirement.
-5- PC2007-
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 competentjurisdiction, then this Resolution, '
and any approvals herein contained, shall be deemed null and void.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related
to the processing of this discretionary case application within 15 days of the issuance of the final invoice or
prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges
shall result in delays in the issuance of required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
June 11, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18:60, "Zoning
Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeal
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION.
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on June 11, 2007, 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
2007.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-6- PC2007-
A
Flrsi in letlile urvrtes sva,IJwiJe
Attachment -Item iVo. 2
Mazch 5, 2007
City of Anaheim
200 So. Anaheim Blvd, Ste. 162
Anaheim, CA 92805
Deaz Sirs:
We respectfully request that the City of Anaheim approve construction of the 2-phase re-model
and enclosure of the Alsco, Inc. commercial laundry, as described in pre-file submitta12006-
00099. The first phase will start as soon as possible, with the second phase starting within 2
yeazs of completing the first phase. The reason For phasing is to maintain operation of the
facility during the construction.
The proposed purpose of this project is an expansion of the soil-sorting/counting department.
This construction is necessary in order to process our current customer needs in an enclosed
environment, out of view from public streets. We will operate this department 5 days a week
(M-F) 8 hours a day. Hours of operation: 4:00 am to 12:30 pm. We employ 15 associates in this
department, operating 1 shift.
We authorize Geoff Bonney of Bonney Architects, and Rick Atherton of The Rembrandt, LLC,
to represent us to the City of Anaheim for the purpose of obtaining all necessary approvals and
completing all the necessary paperwork. This includes authorization to pay fees to and establish
accounts with the City on our behalf.
Regards,
~~~~
Tim Weiler
Corporate Secretary
Alsco Inc.
NOTARY PUBLIC
d'~ JENNEFER STEWART
j ~ 25 South 700 Eesl N3
® ~ Sal[ Leke Cily, Uteh 84102
N~ ~. My Commission Eaplres
,e„ December 21, 2000
mm~mn rya •r.nnv
Alsco Ina • Corporate Office • 505 East South Temple • Salt Leke City, Utah 84102 • (801) 328-8831 • FAX (BOl) 363-5680
www.tilsco.com
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Conditional Use Permit No. 2007-05210
Requested By: 1700 EL DORADO, LP
1320 West Pearl Street
16zfis
G n.
~> ~~„ Subject Property
Date: June 11, 2007
Scale: 1" = 200'
Q.S. No. 62
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Date of Aerial Photo:
Conditional Use Permit No. 2007-05210
Requested By: 1700 EL DORADO, LP
1320 West Pearl Street
Subject Property
Date: June 11, 2007
Scale: 1" = 200'
Q.S. No. 62
10289
__ _ _ ss ~ _ _ _ _
Staff Report to the.
.Planning Commission
June 11, 2007
.Item No. 3
3a. CEQA CATEGORICAL EXEMPTION -CLASS 3 (Motion)
3b. WAIVER OF CODE REQUIREMENT (Motion)
3c. CONDITIONAL USE PERMIT NO. 2007-05210 (Resolution)
SITE LOCATION AND DESCRIPTION
(1) This 2-acre property is identified as 1320 West Pearl Street. The property is owned by
1700 EI Dorado LP and the applicant is Impress Development Corporation.
REQUEST: `
(2) The'applicanf~equests approval to'establish a drug and`alcohol rehabilitation facility for up
to 24 residents under authority of Code Section No. 18:06.030.040:0402 (Group Care
Facilities) with waiver of the following code requirement::
SECTION NOd 18.42.040.010 'Minimum number of oarking spaces.
19 required; 8 proposed)
BACKGROUND:
(3) As depicted in the following aerial, this property is currently developed with a 2-story, 4-unit
apartment complex and is located in the Multiple Family. Residential (RM-4) zone. The
General Plan designates: this property and adjacent properties to tfie south, east; and west
for Medium Density Residential land uses. The properties to the north, across Pearl Street,
are designated for Low Medium Density Residential land uses.
Case Planner: David See
SRCUP2007-05208ds
Page 1
Staff Report to the
Planning Commission
June 11, 2007
Item No. 3
residing at the subject facility: Inmost cases., treatment is completed within 30 days;.
however, tenants may reside at the home for a shorter period pf time. No visitors are
permitted on the premises and the facility is staffed with an on-site manager at all times.
Residents'would not be.permitted td drive or leave tFie premises and would be subject to
regular drug testing
ENVIRONMENTAL IMPACT ANALYSIS:
(9) Staff hasdetermined that the proposed project is categorically exempt from CEQA and no
additional environmental documentation is required.
EVALUATION:
(10) Residential or'group care facilities with seven or more residentsare permitted in all
residenttal zones subject to approval of a conditional use permit. Code Section No:
18:92.210 defines a"Residential or Group Care Facility" as'follows:
'A building or portion thereof, designed or used for the purpose of providing twenty-four
(24)-hour per day residential living accommodations in exchange for the payment of money
or other consideration;: where the duration of tenancy is determined, in whole or in part, by
the individual resident's participation in group or individual activities, such as counseling,
recovery planning, or medical or therapeutic assistance. Residential or GrdLp Care
Facility' includes, but is not limited to, communRy care facilities (California Health and
Safety Code. Sections 1500 et seq:), residential care facilities for persons with chronic, life-
fhreatening it/nesses (Health and Safety Code Sections 1568.01: et seq.), residential care
facilities (Health and Safety Cdde Sections 1569 of seq.), and alcoholism dr drug abuse
'recovery or treatment facilities (Health and Safety Code Section 11834.02), and other
similar care facilities"
(11) The applicant Yequests td provideon-site counseling forpersons residing aEthe facility:
::Treatment would be provided only o residents during the time of residency.` According to
the applicant, all residents are screened and referred by a California State or Orange
'County Agency. The.majority of participants would be adult mert with alcohol problems and
would be screenedby the appropriate State: and/or County agencies. Counseling would
only be for participants residingaEthe facility::. Also, residents would be subject to regular
drug testing and would not be permitted to drive: Staff believes that the proposed`care
facility would. not have a<negative'effecfon the neighborhood since all counseling will occur
inside the complex, it will be managed and controlled by a professional staff, and the
parking demand will be minimal: Therefore, staff recommends approval of this request to
convert an existing 4-unit apartment building to a residential care facility for up to 24;
residents.
(12) The applicanfproposes to provide less parking than what the Code requires. Code
requires 19 parkingspaces for a residential care facility and 8 spaces exist on this property.
The applicanfsubmitted sparking letter. to justify the parking waiver. The letter states that
?esidents are not permitted to drive and only threeparking spaces will be used by the'
employeesi Planning staff reviewed the,parking letterand determined that the parking.:
would be sufficient to accommodate the proposed residential care facility since7esidents
would not be allowed to drive and additional parkirtg for theUSe would not be necessary.
Therefore, staff recommends approval of this waiver.
Page 3
l
Staff Report to the
Planning Commission
June 11, 2007
Item No. 3
FINDINGS:
(13) Section 18.42.110 of the parking code sets forth the following findings which are required to
be made before a parking waiver is approved by the Planning Commission: '
(a) Thatthe waiver, under the conditions imposed; if any, wilt: not cause fewer off-street
parking spaces to be provided for such use tfian the number of such spaces
necessary to'accommodate all vehicles'attributable to such.useUnderthe normal and
reasonable foreseeable conditions of operation of suchvse.
(bp That the waiver, under the conditions imposed, if any, will not increase the demand
and competition for parking spaces upon the public streets in the immediate vicinity of
the proposedLse.
(c) That the waiver; under the conditiohs'imposed,' if any, will' not increase the demand for
parking spaces upon adjacent private property in the immediate vicinity of the
proposed use.
(d) That the waiver, under the conditions imposed,`will not increase traffic congestion
within the'off-streetparking areas or lots provided for such use.
(e) Thatthe waiver,'Lnder the conditions imposed] will not impede vehicular ingress to or
egress from adjacentpropertiesupcn the public streets in the immediate vicinity of the
proposed use.
Unless conditions to the contrary are expressly imposed upon. the granting of any waiver
pursuant to this section; the granting bf the waiver sftall be deemed contingent upon!
operation of the proposed use in conformance with the assumptions relating to the
'operation and'intensjty of tfie use as contained in the Parking l7emand Study that formed
thebasis for approvafof the waiver. Exceeding,violating, intensifying oPotherwise'
` deviating from any of the assumptions as contained in the Parking Demand Stutly shall be
deemed a violation'of the expressconditions imposed upon thewaiver which shall subject
the waiver to revocation or modification`pursuahtto tfie provisions of Section 16.60.200
(City-Initiated Revocation arModification'of Permits).,
(14) Before the Planning Commissioh grants arty conditional use permit, it must make a finding.
of fact thatthe evidence presented shows that alf of the following conditions exist:'
(a) That the use is properly one foFwhich 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 adverselyaffect the adjoining landusesbr the growth and
development of the area in which'it isproposed tobe located;
(c) That the size and shape of the site for the use is adequate to allow the full
developmenfof the'proposed use in a manner notdetrimental to the particular area -
or to the health ahd safety;
Page 4
Staff Report to the
Planning Commission
June 11, 2007
Item No. 3
(tl) That the traffic generated by theLse 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 ddnditioha(use permit under the conditions imposed, if
any, wilt not be detrimental to the healtH and safety of the citizens of the' City of
Anaheim:
RECOMMENDATION:
(15) Staff recommends thaf the Planning Commission take the following actions
(a) By motion, aooi•ove a CEQA Categorical Exemption.
(b) By motion, approve the requested waiver of minimum number of parking spaces.
(c) By resdlutiorv, a rove Conditional Use Permit No. 2007-05210.
Page 5
®R,~FT~
RESOLUTION NO. PC2007--***
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05210 BE GRANTED
(1320 WEST PEARL STREET)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California,
described as:
LOT 3 OF TRACT NO. 10669, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 459 PAGES 46 AND
47 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on May 30, 2007, 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;
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:
t That the proposed use to establish a drug and alcohol rehabilitation facility for up to 24
residents is properly one for which a conditional use permit is permitted under authority of Code Section No.
18.06.030.0040.0402 (Group Care Facilities) with waiver of the following provision:.
SECTION NO. 18.42.040.010 Minimum number of parking spaces_
(19 required; 8 proposed)
2 That the above-mentioned waiver, under the conditions imposed., will not cause fewer off-
street parking spaces to be provided for such use than the number of such spaces necessary to
accommodate all vehicles attributable to the proposal under the normal and reasonably foreseeable
operation of such use because the residents are not permitted to drive and there are a maximum of three
staff members.
3. That the parking waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon the public streets in the immediate vicinity, as indicated in the parking
demand letter provided by the applicant.: Since the residents. dp not drive, all of the parking demand will be
provided on-site and will not increase the demand for parking on the public streets.
4. That the waiver will nct increase the demand and competition for parking spaces upon
adjacent properties in the immediate vicinity of the proposed use since all parking is contained on-site within
the property boundaries.. ,
5. That the waiver will not increase traffic congestion within the off-street parking areas or lots
provided for the proposed uses as ingress and egress to the site would be provided via one driveway along
Pearl Street.
6. That the proposed residential care facility, as conditioned herein, wou(d not adversely affect
the adjoining land uses and the growth artd development of the area in which it is proposed tdbelodated
because the services provided are for the residents only and should operate seamlessly within the residential
living environment.
Cr\PC2007-
-1-
PC2007-
7. That the size and shape of the site for the residential care facility 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.
8. That granting of the conditional use permit under the conditions imposed, will not be
detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is
compatible with the surrounding area..
9. 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
Director has determined that the proposed project falls within the definition of Categorical Exemptions,
Section 15303, Class 3 (New Construction or Conversion of Small Structures) as defined in the State CEQA
Guidelines, and is therefore, exempt from the requirement to prepare additional environmental
documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby
found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the
health and safety of the Citizens of the City of Anaheim:
Prior to issuance of a building permit or within a period of one (1) year from the date of this
resolution, whichever occurs first, the following conditions shall be complied with:
1. That the applicant shall provide to the Planning Department a copy of the license, with .any attached
conditions, issued by the State of California Department of Alcohol and Drug Programs, authorizing the
proposed use as a residential recovery facility.
Prior to final building and zoning inspections the following conditions shall be complied with:
2. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the applicant and which plans are on file with the Planning
Department marked Exhibit Nos. 1 and 2, and as conditioned herein..
General Conditions:
3. That prior to the operation of this business, a valid business license shall be obtained from the City of
Anaheim, Business License Division of the Planning Department
4. That alf recovery services, including counseling; shall be for the residents at this address (1320 West
Pearl Street) only.
5. That the applicant shall provide a twenty four (24) hour per day oh-site manager who will be
Yespohsible for respontling td'any neighborhood aoncr:ms regarding the operations of the facility. The
:name and telephone number of the on-site manager shall be kept on file with the Code Enforcement
Division and Planning Services Division of the Planning Department.
6. That no signs shall tie visible off-site identifying this use as a residential care facility. ''
7. That no required parking area shall be fenced for storage uses. Moreover, no garage parking spaces shall
be converted to; or otherwise used for, habitable'dwelling unit purposes.
-2- PC2007-
8. That all trash generated from the facility shall be properly contained in trash bins located within
approved trash enclosures. The number of bins shall be adequate and the trash pick-up shall be as
frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property.
9. 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.
10. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dead.
11. That this residential care facility shall be limited to twenty four (24) residents recovering from alcohol
and/or chemical dependency, screened for successful integration :into a residential setting and as
stipulated by the applicant, no visitors shall be permitted nor shall residents be permitted to drive or
maintain a personal vehicle on the premises. The facility shall be non-medical and shall be permitted to
provide both group and individual counseling from 8 a.m. to 5 p.m., .Monday through Friday with a
maximum of three (3) employees/counselors.
12. 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 the Anaheim Municipal Code and
(iii) the applicant has demonstrated significant progress toward establishment of the use or approved
development.
13. That extensions for further time to complete conditions of approval may be granted in accordance with
Section 18.60.170 of the Anaheim Municipal Code.
14. 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
June 11, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeal.
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY. ANAHEIM PLANNING COMMISSION
-3-
PC2p07-
.~ .. .~ _ ,. _ ~ a
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 June 11, 2007, 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
.2007.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-4- PC2007-
u r - d a r-~ _as~ ...
Attachment -Item No. 3
1340 W. Pearl St. #A
Anaheim, CA 92801
Tel:(714)520-5200/Fax: (714)520-0270
May 29, 2007
To Whom It May Concern:
RE: C.U:P. - 1320 W. Pearl St. #A,B,C,D in Anaheim , CA -
Parlting Information
None of the residents are allowed to have automobiles of any kind as per on site
management and State of California regulations. On site management provides vans for
all supervised off-site activities.
Employees will be the only people allowed to have autos. Therefore, only three cars at
any one time will be on site.
Yours tmly,
RICHARD MOHR
•- - - - ~ -
R •2
1 DU EAC =
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RS-2
DU EA H ¢ AREA A
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~ - - RCL 2006-00190
= TTM 17139
iv O A GPA 2007-00460
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PHYSICAL THE PY
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RCL 71-
General Plan Amendment No. 2007-00460:(Area A)
Reclassiticetion No. 2006-00190 (Area A, Area B)
Condillonel Use Permit No. 2006-05175 (Area A, Aree 8)
Tentative Tract Map No. 17139 (Area A, Area B)
Requested By: NATALIE TRAN
OUYEN TRAN
3100 West Lindacita Lane, 237 South Beach Boulevard
7?<.
s AREA A Date: June 11, 2007
_. ~
Scale: 1 Inch equals 200 feet
r
"~~,:> - AREA B
`
D.S. No. 9
:as
19zso
Staff Report to the
Planning Commission
June 11, 2007
Item No. 4
4a. CEQANEGATIVEDECLARATION
4b. GENERAL PLAN AMENDMENT NO. 2007-00460
4c. RECLASSIFICATION NO. 2006-00190
4d. WAIVER OF CODE REQUIREMENT
4e. CONDITIONAL USE PERMIT NO. 2006-05175.
4f. TENTATIVE TRACT MAP NO:17139 (Motion for Continuance)
SITE LOCATION AND DESCRIPTION:
(1) These two properties are identified as Portion A: 3100 West Lindacita Lane, owned by
Natalie and Quyen Tran and Portion B: 237 South Beach Boulevard, owned by Quyen
Tran. Tfte properties are .27-acre and 1.68-acres respectively. The applicant far this
request is Mertco, the developer.
REQUEST:
(2) The applicant requests approval of the following applications:
(a) General Plan Amendment No. 2007-00460 - to redesignate Portion A from the Low Density
Residential designation to the Low Medium Density Residential designation.
(b) Reclassification Noi 2006-00190 - to reclassify Portion A from the Single-family Residential
(RS-2) zone to the Single-family Residential (RS-4) zone and Portion B from the Transition
(T)zone to the Single-family Residential (RS-4) zone and to remove the Mobile Home Park
Overlay zone.
(c) Conditional Use Permit No. 2006-05175 to construct a 11-unit detached single-family
residential subdivision under authority of Code Section No. 18.04.030.040.0402 (Single-
family Detacfied) with waiver of the following provision:
CODE SECTION N0.18.40.060.030 Improvement of private street.
(d) Tentative Tract Mao No. 17139 - to establish 12 numbered and 1 lettered lot, 12-unit
detached single-family residential subdivision for Portions A and B.
BACKGROUND:
(3) These properties are currently developed with two single-family residences; and Portion A
is located in the Single-family Residential (RS-2) Zone and Portion B is located in the
Transition (T) Zone: The General Plah designates Portion A for Low Density Residential
land uses and Portion B for Low Medium Density Residential land uses: Properties to the
north are designated for Low and Low Medium Density Residential land uses; to the west
for Low Density Residential land uses; and properties to the east and south are designated
for Low Density Office and Water land uses:
(4) Mertco, the applicant; has submitted the attached letter dated May 31, 2007, requesting a
continuance of this item to the June 25, 2007, Commission meeting in order td fihalize
details of the project end to confer with'neigtibors pertaining to the project:
RECOMMENDATION:
(5) Staff recommends that the Commission, by motion, continue this item to the June 25, 2007,
Planning Commission meeting as requested by the applicant:
Case Planner: Kimberly Wong
sr9Pazom-ooaso_sr Pcs»w Page 1
Kimberly Wong Attachment -Item No. 4
From: jleeper@mertcoinacom
Sent: Thursday, May 31, 2007 1:27 PM
To: Kimberly Wong
Subject: Planning commission hearing -
Follow Up Flag: Follow up
Flag Status: Red
Hi Kimberly-
Please consider this email a formal request to continue our (Mertco,
Inc.) Planning Commission hearing from June 11, 2007, until the next Commission meeting
which is scheduled for June 25, 2007. This is on the matter of Tentative Tract Map 17139.
The reason for the request to postponethe hearing is that we need more time to finalize
details and confer with the nieghbors of the project.
Thank you,
Jeff
Jeff Leeper
Mertco, Inc. Developers
phone: (949) 922-1669
fax: (714)882-7725
1
Item No. 5
- '
6P sa 1 SP 94-1
RCL 70-71-47 (22 RCL 70.71-47 {9)
RCL 70-71-06
CUP 4724 RCL 70-71-46
M0.6LDG. T-CUP 2003-04666
DA2 ~ CUP 2000.04272
W T-CUP 2000-04240 SP 94-1
W (CUP 415fi) CUP 3095 -
~ (CUP 2868) CUP 2914
SP 94-1 ~ SP 94-1 ANAHEIM HILLS
CL 70-71-07 (22) ~ RCL 70-71-47 (22) (CUP 2421 HEALTH PLAZA
' RCL 70-71-0s ~ RCL 70-71-46 (CUP 2155 pA2
CUP 2000-04272 W T-CUP 2001-04390 (CUP 2120
CUP 2377 2 CUP 2000-04272 (CUP 1569
CALIBER (n CUP 2986 CANYON COMMERCE
MDTORB Q CUP 2377 CENTER
DA2 ~
CALIBER MOTORS LAND ROVER
I DA2 DA2 Redevelap'nenlAyea LA PALMA AVENUE
ortheast Area)
Alpha ~
I a ~0,~
4~ 305'
I SP 94-1 ~ ~ SP 94-1
t RECREATIONAL RCL 70-71-47 (4)
( ~ FACILITY RCL 70-71-4fi
i DA2 ~." CUP 2728
UNOCAL
SP 94-1 DA 2
~' RCL 70-77.47 (4)
RCL 70-71-06 $
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( H. KOCH & SONS ~" ~ ~
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DA 2 f
SP 94-1
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PARKING ANAHEIM RCL 70-71-0
LOT MILLS CORP. CUP 2728
DA2 DA2 PACBELL
DA2
Redevelopment Area
Alpha (IVor(heastArea) h
ALL PROPERTIES ARE IN THE SCENIC CORRIDOR (SC) OVERLAY ZONE.
Conditional Use Permit No. 2007-05211 ~ 'y °` Subject Property
Tentative Parcel Map No. 2007-137 Date: June 11, 2007
Scale: 1" = 200'
Requested By: 5410 EAST LA PALMA, LLC Q-S. No, 178
5410 East La Palma Avenue 1oz91
DPERTIES'ARE IN THE SCENIC CORRI
Conditional Use Permit No. 2007-05211
Tentative Parcel Map No. 2007-137
Requested By: 5410 EAST LA PALMA, LLC
5410 East La Palma Avenue
~~
~,
~.f _N
Date of Aerial Photo:
Subject Property
Date: June 11, 2007
Scale: 1" = 20D'
Q.S. No. 178
tozst
Staff Report to the
Planning Commission.
June 11, 2007
Item No. 5
5a. CEQA NEGATIVE DECLARATION (Motion)
Sb: ' WAIVER OF CODE REQUIREMENT (Motion):.
5c;' CONDITIONAL USE PERMIT N0: 2007-05211 (Resolution)
5d.' `TENTATIVE PARCEL MAP NO:2007-137 (Motion)
SITE LOCATION AND DESCRIPTION:
(1) This 1-acre property is identified as 5410 East La Palma Avenue. The property owner is
5410 East La Palma LLC and tfte`applicant is Ware Malcomb, the architect..
REQUEST::
(2) The applicant requests approval df the following applications:
Conditional Use Permit No. 2007-05211 - to permit an automotive dealership in an existing
industrial building under authoritybf Code Section No. 113.120.070.050.0544 (Vehicle sales
agencies and lots) with waiver of the following provision:
(a) SECTION NO. 18.120.070.090.0902(a) Minimum buildino and landscape
setbacks ebuttihg a sheet 50 feet
required; 20 feet proposed to display
area and 37 feet proposed to building)
Tehtative Parcel Mao Nd: 2007-137 - to establish a 1-lot, 6 unit airspace attached industrial
condominium subdivision.
' Advertised as 10 units.
BACKGROUND:
(3) This property is developed with an industrial building and is located within the Northeast
Area Specific Plan, Expanded Industrial Area (SP94-1'(DA2)). The General Plan
designates tfiis property and properties to the south, east and west for LoW Intensity Office
land uses and the property to the north for Industrial land uses.
PROPOSAL:
(4) The applicahf proposes to conven` an existing industrial space within an industrial complex
into'a new 27,768 square foot automobile dealership: In additloh, the site plan proposes a
469 square foot addition at the front of the buildirig for a showroom for a total of 28,237
square feel The building is propdsed to be 37 feet from La Palma AvenueP A display area
and three display pads for cars are proposed in frontof the building, 20 feet from La Palma
Avenue:'' Code requires a settieck of 50 feet: The proposed building expansion wiA
ehc~oach 13 feet into the required building setback. -The remaining building that is not part
df the automobile dealership wouldbe7etained fdr industrial uses with accessdrybffices.
The applicantproposes an airspace subdivision to create 5 industrial condominium units for
theYemaining industrial spaces for a total of 6 units.
Case Planner: Scott Koehm
SRCUP2007-05219_PC_061107gsk:
Page 1
Staff Report to the
Planning Commission
June 11, 2007.
Item No. 5
(5) ;Vehicular access is provided via two existing driveways from La Palma Avenue oh the east
and west portions of the property. The site plan indicates 225 parking spaces are available
oh-site. Code requires a total of 196 parking spaces based on the parking analysis. in the
following table:
Use Square Footage Required Required Spaces
spaces11,000 quare spaces. provided
feet
Automobile
Dealershi
Showroom 10,117 2.5 25
Parts, storage 12,948 _ 5.5 71 ,
and re air
Office`: 5,172 4 21
Dealership 117
total
Industrial Condo 7,835. 1.SS plus 4 foroffice 15
Nos. 1=4 ` over 10% each
Industrial Condo 11,319 1.55 plus 4 for office 19
No. 5 over 10%
Condominium 79
total
Overall Total 196 225
The site plan also includes new landscaping throughout the parking lot area. The
dealership7equires atotal of 117parking spaces and will be served mainly by the parking
areas along the west portion of the property. The cohdominiums allhave parking adjacent
to their units.
(6) The floor plans indicate a showroom, parts and service area, and office area for the auto
dealership (refer to Exhibit Nos. 2 and 3).
(7) Elevatioh plans reflect asingle-story modem industrial building consisting of a black, white
and grey color scheme on stucco, with large glass windows along the front. -The industrial
units will be uniform in design with giass entry doors, a roll up service door and overfiang:
The elevations alsd include locations of future stgnage, but because tenants have not been
secured, specific ign permits would be submitted separately in compliance with code.
(8} The landscape plan (Exhibit N¢ 5) indicates a minimum twenty (20) to fifty (50) foot wide
landscaped setback adjacent to La Palma Avenue consisting of 29 new and existing trees
Wand a three foot high: shrub planted adjacent to the right-of-way:, The trees meet code
requirements and are spaced to enhance he look of the setback area while allowing
visibility of the vehicles in the showroom. The Northeast Area. Specific Plan states that
: interior modifications to an existing building exceeding fifty percent (50%) of the gross floor.
area shall cdmply with current site development standards of the specific plah including
landscaping, signage and site screening: Since the' proposed improvements exceed fifty
percent, this project is required td meet these standards: The submitted plans comply with..
these requirements. With the exception of the deviation of code for building and landscape
setbacks, the landscape plans comply with Coder
Page 2
Staff Report to the
Planning Commission
June 11, 2007
Item Nd. 5
(9) To bring the building and site into conformance with current code requirements, the`
applicant has submitted roof and section plans indicating the removal of theaxisting roof
mounted equipmentand the location and screening of the new proposed roof mounted
equipments The screening materiafand colors wilt match the proposed building elevations.
ENVIRONMENTAL IMPACT ANALYSIS:-
(10) Staff prepared an Ihitiaf Study which isavaileble for review in the Planning Department, and
the studyconcludes that there wilF be nostgnificant environmental impacts; therefore, staff
recommends that a Negative Declaration be approved.
EVALUATION:
(11) Automobile sales facilities are permitted in the Northeast Area Specific Plan subject to the
approvaP of a conditional use permit: A tentative parcelmap is required for the subdivision
oPeirspace far industrial condominium purposes. There are several other automobile
dealerships in the vicinity end tfiis'proposef would be compatible with surrounding land
uses.
(12) The applicant proposes building and landscape setbacks that areless than what code
requires Code requires a minimum building and lahdscape setback of 50 feet. The :
existing building is setback 52 feetfirom La Palma Avenue and meets the building setback
requirements:: The propdsed addition to the building encroaches`13 feet into the setback.
Tfteproposal elso includes a vehicle display area 20 feet from La Palma Avenue in front of
the buiiding:_The applicant's statement ofjustificatioh states thafto provide adequate
visibility to the'showroom and vehicles, the encroachment into the'setback ishecessary.
The'applicant also indicates thafthere are two other automobile'dealerships'across La
Palma Avenue that have vehicle display areas within the front setback.
(13) Ih 1999, Conditional Use Permit No. 4156 was approved for the Land Rover dealership:
across the street witll a waiver to allow five vehicle display pads within the front setback
area, 10 feet from La Palma Avenue: Conditional Use Permit tJd: 2000-04272 was
approved ih`2001 for Caliber Motors located across La Palma Avenue from the subject`.
property, also with a waiver to permit vehicles to be displayed in'tfie setback area:. The two
proposed vehicle display areas range from 20 to 36 feet from'La Palma Avenue.
{14) Staff believes that the requested waiver of building andlandscape etbacks along La
Palma Avenue is justified in this case because there are similar dealerships in the
immediatebicinity that have vehicle display. areas in the street setback. Thereare other
buildings on La Palma Avenue with building"setbacks that are less than current code..'
requirements' The waiver of building setback is congruent with the request for the
landscape setback waiver as this will integrate the showroom and' display areas for the`
vehicles: The proposed Iahdscape enhancements along La Palma Avenuemeef the intent
of this setback requirement by providing landscaping in a lush manner to enhance the.
project from the street: Staff believes that the' modification to the front setback would not
negatively impact adjacent uses and denial of this waiver would deprive this property of a
privilege enjoyed by others in the vicinity: Staff recommends approval of thewaiver, as
conditioned.
Page 3
Staff Report to the
Planning Commission
June 11, 2007
Item No. 5
FINDINGS:
(15) When practical difficulties or unnecessary hardships result from strict enforcement of the
Zoning Code,`a mddification maybe granted for thepurpose of assuring that no property,
because bf special circumstances applicable to it, shall be deprived of privileges commonly
enjoyed by other properties in the same vicinity and zone. The sole purpose of any
variance or code waiver is to prevent discriminatioh and none shall be approved which
would have the effect ofgranting a specialprivilege notsharedby other similar properties.
Therefore, before any variance or code waiver is granted by the Planning Commission, it
'shall be shown:
(a) That there are special circumstances applicable to the property such as size, shape,
topography, location or surroundings, which do not apply to other identically zoned
properties in tfte vicinity; and
(b) That strict application of the Zoning Code deprives the property of privileges enjoyed
by other properties under identical zoning classification in the vicinity..
(16) Before the Planning Commission grants any conditional use permit, it must make a finding
of fact that the evidence presented shows thatall of the following conditions exist: -
(a) That the proposed use isproperly one for which a conditional use permit is
authorized by the Zoning Code, orjs an unlisted use es definedin Subsection .030
(Unlisted Uses Permitted) of Section 18.66.040 (Approved Authority);
(b) That the proposed use will not adversely affect the adjoining land uses or the growth
and development of the area in which it is proposed to be located;
(c) Thaf the size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use in a mahneFnot detrimental to the particular area
onto the health and safety;
(d) That the traffic'generated by the proposed use will not impose an undue burden
updn 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, willnot
be detrimental to the health and safety of the citizens of the City of Anaheim.
(17) "The State Subdivision Map Acf(Government Code, Section 66473.5) makes it mandatory...
to include in all motions approving, or recommending approvatof a tentative parcel map, a
.specific finding that the proposed Subdivision together with its design and improvement is
consistent with the City's General Plan,
Further, the law requires that the Zoning Administrator make any of the following findings
when denying or recommending denial of a parcel map:
1: That the proposed map is not consistent witfi applicable General end Specific
Plans.
2. That the design or improvement of the proposed subdivision is not consistent with
applicable General and Specific Plans.
Page 4
Staff Report to the
Planning Commission
June 11, 2007
Item No. 5
3. That the site is not physically suitable for the type of development.
4. Thaf the site is :not physically suitable fbr the proposed density of development.
5: That the design of the subdivision or the proposed improvements are likely to
cause substantial environmental damage or substantially and avoidably injure fish
or wildlife or their habitat
6. That the design bf the su6divisioh or the type of improvements is likely to cause
serious public health problems.
7. That the design of the subdivision or the type of improvements will conflict with
easements, acquired by the public at large, for access through or use of property
within the proposed subdivision:"
RECOMMENDATION:
(18) Staff recommends that the Planning Commission take the following actipns:
(a) By motion, a rove a Negative Declaration for the project.
(b) By motion, as rove waiver (a).
(c) By resolution, approve Conditional Use Permit No: 2007-05211.
(d) By motion, approve Tentative Parcel Map 2007-137.
Page 5
[DRAFT]
RESOLUTION NO. PC2007--"`
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION: '
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05211 BE GRANTED.
(5410 EAST LA PALMA AVENUE)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California,
described as:
PARCEL 1;
PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF pRANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 62, PAGE 7 OF PARCEL,
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT ALL WATER, CLAIMS OR RIGHTS TO WATER, IN OR UNDER SAID LAND.
PARCEL 2:
AN EASEMENT FOR INGRESSAND EGRESS OVER THE EAST 20.00 FEET OF
PARCEL 2, IN THE CITY OF ANAHEIM, AS SHOWN ON A MAP FILED IN BOOK 62,
PAGE 7 OF PARCEL MAPS, RECORDS OF SAID ORANGE COUNTY.
PARCEL 3: AN EASEMENT FOR INGRESS AND EGRESS OVER THAT PORTION OF
PARCEL 2 IN THE CITY OF ANAHEIM, AS SHOWN ON A MAP FILED IN BOOK 62,
PAGE 7 OF PARCEL MAPS, RECORDS OF SAID ORANGE COUNTY DESCRIBED:
AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF PARCEL 1, IN THE CITY OF
ANAHEIM, AS SHOWN ON A MAP FILED IN BOOK 62, PAGE 7 OF PARCEL MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTH
0°03'21" EAST, 528.53 FEET TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING SOUTH 0°03'21" EAST, 41.42 FEET; THENCE SOUTH 89°52'31"WEST
41.42 FEET; THENCE NORTH 44°55'05" EAST, 58.60 FEET TO THE TRUE POINT OF
BEGINNING.
PARCEL 4:
THE PORTION OF LOT 4 OF TRACT NO. 925, IN THE CITY OF ANAHEIM, AS
SHOWN ON A MAP THEREOF, RECORDED IN BOOK 29, PAGES 42 THRU 44 OF
MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, AND THAT
PARCEL 2, AS SHOWN ON A MAP FILED IN BOOK 24~ PAGE 8 OF PARCEL MAPS,
.RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS .FOLLOWS:
AN EASEMENT FOR INGRESS AND EGRESS PURPOSES OVER A STRIP OF LAND
20.00 FEET WIDE, THE WESTERLY LINE OF SAID STRIP BEING A LINE PARALLEL
WITH AND DISTANT WESTERLY 120.00 FEET, AS MEASURED AT RIGHT ANGLES -
FROM THE EAST LINE OF SAID LOT 4, SAID PARALLEL LINE TO TERMINATE
SOUTHERLY IN THE SOUTHERLY LINE OF SAID PARCEL 2; AS SHOWN ON SAID
PARCEL MAP; THENORTHERLY LINE O SAID STRIP BEING THE SOUTHERLY
LINE OF'LA PALMA AVENUE AS DESCRIBED IN PARCEL NO. 140.01 OF DEED TO
THE COUNTY OF ORANGE, RECORDED SEPTEMBER 20, 1967 IN BOOK 8378,:.:
PAGE 737 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY.
Cr\PC2007-0
-1-
PC2007-
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on June 11, 2007, 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 18.80, 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 factx
1. That this request to permit an automotive dealership in an existing industrial building is
properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section
18.120.070.050.0544 (Vehicle sales agencies and lots) with waiver of the following:
SECTION NO. 18.120.070.090.0902(aY Minimum building and landscape setbacks
abutting a street 50 feet required; 20 feet
proposed to display area and 37 feet
proposed to building)
2. That the waiver pertaining to minimum building and landscape setbacks is hereby approved
because there are two other automobile dealerships in the immediate vicinity which also enjoy reduced
setbacks for the display of vehicles. The encroachment of the building. into the street setback is appropriate
for this location to allow for the display of vehicles for sale and there are other buildings in the vicinity with
setbacks that are less than code requirements. Denial df this waiver would deprive this property of a
privilege enjoyed by other properties with the same zoning in the vicinity.
3. That the use will not adversely affect the adjoining land uses dr the growth and development
of the area in which it is proposed to be located as the site can accommodate the combined uses proposed
and there are ether similar land uses in the vicinity.
4. That'*' indicated their presence at said public hearirtg ih opposition; and that nb
correspondence was received in opposition to the subject plaition.
CALIFORNIA ENVIRONMENTACOUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal td permit an automotive dealership in an existing industrial building ;
and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent
judgment of the lead agency and that it has considered the Negative Declaration together with any
comments received during the public review process and further finding on the basis of the initial study and
any comments received that there is no substantial evidence that the project will have a significant effect on
the environment.
NOW,THEREFORE, BELT RESOLVED that the Anaheim Planning CommissioRdoes
hereby grant subject Petition fdPConditional 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 td preserve the
health and safety of the Citizens of the City of Anaheim:
That within 90 days from the date of apprbval of this project the developer shall pay a traffic and
transportation improvement fee to the City of Anaheim, Traffic Engineering Division, in an amount
established by the City Council Ordinance/Resolution.
-2-
PC2007-
2. That unless proof of exemption is submitted in compliance with City Council Resolution no. 69R-440,
prior to the issuance of a building permit, the appropriate major thoroughfare and bridge fee shall be
paid to the City of Anaheim in an amount specified in the Major Thoroughfare and Bridge Fee Program
for the Foothill/Eastern Transportation Corridor, as established by City Council resolution.
3. That within 90 days from the date of approval of this project, a traffic signal assessment fee equaling
the difference between the industrial and commercial assessment fees shall be paid to the City of
Anaheim in an amount as established by City Council
The abandonment of existing easements in conflict with proposed buildings is required.
Prior to final building and zoning insaections the following conditions shall be complied with:
That subject property shall be developed substantially in .accordance with plans and specifications
submitted to the City of Anaheim by the applicant and which plans are on file with the Planning
Department marked Exhibit Nos. 1 through 9, and as conditioned herein.
8. That rooftop address numbers for the police helicopter shall be painted on the roof with a minimum
size of 4 feet in height and 2 feet in width. The lines of the numbers are tc be a minimum of 6 inches
thick and the numbers should be spaces 12 - 18 inches apart, painted in a contrasting color to the roof
material.
7. That an Emergency Listing Card, Form APD-261 shall be filed with the Police Department, available at
the Police Department front counter.
General Conditions:
8. 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.
9. That gates shall not be installed across any driveway or private street in a manner which may
adversely affect vehicular traffic on the adjacent public street. Installation of any gates shall conform to
the Engineering Standard Plan No. 475 and shall be subject to he review and approval of the City
Traffic and Transportation Manager prior to the issuance of a building permit.
10. 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 the Anaheim Municipal Code and
(iii) the applicant has demonstrated significant progress toward establishment of the use or approved
development.
11. That extensions for further time to complete conditions of approval may be granted in accordance with
Section 18.60.170 of the Anaheim Municipal.
12. 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.
-3- PC2007-
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly.predicated upon applicant's compliance with each and
all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared
invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and void.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related
to the processing of this discretionary case application within 15 days of the issuance of the final invoice or
prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges
shall result in delays in the issuance of required permits or the revocation of the approval of this application,
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
June 11, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions -General" of the Anaheim Municipal Code pertaining tp 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 ) sa
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 June 11, 2007, 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
2007.
SENIOR SECRETARY. ANAHEIM PLANNING COMMISSION
-4- PC2007-
City of Anaheim
PLAI+]IVIIVG I~EPAi27'MEN'T
www.anaheim.nel
Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of
June 11, 2007:.
5a. CEQA NEGATIVE DECLARATION
5b. WAIVER OF CODE REQUIREMENT
5c. CONDITIONAL USE PERMIT N0:2007-05211
Sd. TENTATIVE PARCEL MAP NO. 2007-137
Irvine, CA 92618
LOCATION: 5410 East La Palma Avenue
Tentative Parcel Man No. 2007-137 - to establish a 1-lot, 6-unit* industrial condominium
subdivision.
* Advertised as 10-unit.
Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION
CARRIED, that the Anaheim Planning Commission has reviewed the proposal to establish a
1-lot, 6-unit industrial condominium subdivision and does hereby approve the Negative
Declaration.
OWNER: AK3 Anaheim Hills, LLC
2441 S. Pullman Street
Santa Ana, CA 92705
AGENT: Ware Malcomb
10 Edelman
Commissioner X)OC offered a motion, seconded by Commissioner XXX and MOTION
CARRIED, that the Anaheim Planning Commission does hereby determine that the proposed
tentative map, including its design and improvements, is consistent with the Anaheim General
Plan, and does therefore approve Tentative Parcel Map No. 2007-137, to establish a 1-lot, 6-
unit industrial condominium subdivision subject to the following conditions:
1. That prior to final map approval, a maintenance covenant shall be submitted to the
Subdivision Section and approved by the City Attorney's Office. The covenant shall
include provisions for maintenance of private facilities, and a maintenance exhibit. The
covenant shall also include provisions for regular landscape maintenance, the removal of
trash, debris and graffiti within twenty-four (24) hours after it becomes located on the
Parcel, and the maintenance of reciprocal easements and parking areas, building
exteriors, signage and trash collection facilities. The covenant shall be recorded
concurrently with the final map.
2. That prior to final map approval, the final map shall be submitted to and approved by the
City of Anaheim and the Orange Ccunty Surveyor and then shall be recorded in the Office
of the Orange County Recorder (Subdivision Map Act, Section 66499.40).
3. That prior to final map approval, the developer or property owner shall record a use
agreement satisfactory to the City Attorney's office for all parcels sharing fire protection
equipment and associated appurtenances.
200 South Anaheim Boulevard
P.0. Box 3222
Anaheim, California 92803
TEL (714) 765-5139
4:
5.
6.
7.
8.
That the legal property owner shall execute a Subdivision Agreement, in a form approved
by the City Attorney, to complete the required public improvements at the legal property„, .
owner s expense. Said agreement shall be submitted to the Public Works Department,
Engineering Division., Development Services to be approved !by the City Attorney and City
Engineer and then recorded concurrently with the final parcel map..
That prior to final map approval, all parcels shall be assigned street addresses by the
Building Division.
That abandonment of easements in conflict with proposed buildings is required prior to
issuance of a building permit.
That prior to the earlier of either the conveyance of the first industrial airspace attached
condominium unit ("Units") or the issuance of the temporary or permanent "Certificate
of Occupancy' for the first unit approved in connection with Parcel Map 2007-137,
applicant shall execute and record with the Orange County Recorder a declaration of
covenants, conditions and restrictions ("CC&Rs") satisfactory to the California
Department of Real Estate creating maintenance obligations, including compliance with
the approved Water Quality Management Plan, and to establish a financial mechanism
or financial mechanisms to maintain all of the building exteriors and improvements
located on the property except for (i) the Units which are owned by the individual
owners and (ii) any exclusive use easements or other areas designated far
maintenance by the individual owner of the Unit as specified in the CC&Rs.
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:
TPM2007-137_Excerpt
Attachment -Item Mo. 5
SECTION 4
PETITIONER'S STATEMENT OF
JUSTIFICATION FOR VARIANCE/CODE WAVER
(NOT REQUIRED FOR PARKING WAIVER)
REQUEST FOR WAVER OF CODE SECTION:~MOtN~" i~ Vt
PERTAINING TO:
(A separate statement is rec~tire~d rfor each Code yva;ver~
Sections 18.03..040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver maybe
granted by the Zoning Administrator or Planning Commission, the following shall be shown:
That there aze special circumstances applicable to the property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical zoning classification in the vicinity; and
2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges
enjoyed by other property under identical zoning classification in the vicinity.
in order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to
arrive at a decision, please answer each of the following questions regarding the property For which a variance is sought, fully
and as completely as possible. If you need additional space, you may attach additional pages,
1. Are there special circumstances that apply [o the property in matters such as size, shape, topography, locafion or
sursoundings? ~ Yes _ No.
2. Are the special circumstances that apply to the property different from other properties in the vicinity which are in the
same zone as your property`? _ Yes ~ No
If your apewer is "yes," describe bow the property is different:
3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring
properties located within the same zone? Yes _No
if your answer if"yes; 'describe the special circumstances:
4.
EXPLAIN:
The sole purpose of any variance or Code waiver shalt be to prevent discrimination, and no variance or Code waiver shell be
approved whi h woul~ave the effect of granting a special privilege no[ shared by other property in the same vicinity and zone
whi no tfierw expressly authorized by zone regulations governing subject property. Use variances are not permitted.
D
rgn u of rope r Authorized Agent to
CONDITIONAL USE PERMITNARIANCE NO.
37625NECEMBER I2, 2000 .
Were the s ecial circumstances created by causes beyond the control of the property owner (ocprevious property
owners)? ~es _ No