PC 2007/08/06n ~ i
ss~ a
®nday, August 6, 2007
Council Chamber, City Hall
200 South Anaheim Boulevard, Anaheim, California
• Chairman: Kelly Buffa
• Chairman Pro-Tempore: Joseph Karaki
• Commissioners: Peter Agarwal, Gail Eastman,
Stephen Faessel, Panky Romero, Pat Velasquez
• Call To Order
• Preliminary Plan Review 1:00 P.M.
• Staff update to Commission on various City developments and issues
(As requested by Planning Commission)
• Preliminary Plan Review for items on the August 6, 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.
• Recess To Public Hearing
• Reconvene To Public Hearing 2:30 P.M.
• Pledge Of Allegiance
• Public Comments
• Consent Calendar
• Public Hearing Items
• Adjournment
You may leave a message for the Planning Commission using the fallowing
e-mail address: planninacommission(o~anahetm.net
H:\docslclericallagendas\(080607).doc (08/06/07)
Page 1
Anaheim Planning Commission Agenda - 2:30 P.M.
Items of Public Interest:
• A Resolution of Appreciation acknowledging Cecilia Flores for her 4 years of service on the
Planning Commission.
• Oath or Affirmation of Allegiance: New Planning Commissioner -Peter Agarwal.
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.
Reoorts and Recommendations
1A.(a) MISCELLANEOUS NO. 2007-00212
Agent: City of Anaheim
200 S. Anaheim Boulevard
Anaheim, CA 92805
Location: 1969 South State College Boulevard
Project Planner.
Request to approve the Platinum Triangle Water Supply Assessment (skimQananeim.net)
Amendment Document.
Min s
16. Receiving and approving the Minutes from the Planning Commission
Meeting of July 23, 2007. (Motion)
H:\docs\clerical\agendas\(080607).doc (08/06/07)
Page 2
Anaheim Planning Commission Agenda - 2:30 P.M.
Items of Public Interest:
Oath or Affirmation of Allegiance: New Planning Commissioner -Peter Agarwal.
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
Galendar for separate action.
Resorts and Recommendations
1A.(a) MISCELLANEOUS NO. 2007-00212
Agent: City of Anaheim
200 S. Anaheim Boulevard
Anaheim, CA 92805
Location: 1969 South State College Boulevard
Request to approve the Platinum Triangle Water Supply Assessment
Amendment Document.
Min
1B. Receiving and approving the Minutes from the Planning Commission
Meeting of July 23, 2007. (Motion)
Project Planner.•
(skim®anaheim.net)
H:ldocslclericallagendasl(060607).doc (08106/07)
Page 2
Public Hearing Items•
2a. CEQA NEGATIVE DECLARATION
2b. GENERAL PLAN AMENDMENT N0.2007-00455
2c. RECLASSIFICATION NO. 2007-00198
2d. WAIVER OF CODE REQUIREMENT
2e. CONDITIONAL USE PERMIT NO. 2007-05200
2f. TENTATIVE TRACT MAP NO. 17116
Owner: La Vue LLC
30622 La Vue Street
Laguna Niguel, CA 92677
Agent: Mehdi'Ebrahimzadeh
30(122 La Vue Street
Laguna Niguel, CA 92677
Location: 1556 West Katella Avenue: Property is approximately
0.78-acre, having a frontage of 130 feet on the south side
of Katella Avenue and is located 170 feet west of the
centerline of Bayless Street.
General Plan Amendment No. 2007-00455 -Request to amend the land
use element map of the General Plan redesignating the property from the
General Commercial designation to the Law-Medium' Density Residential
designation.
Reclassification No. 2007-00198 -Request reclassification of the
subject property from the T (Transition) zone to the RM-3 (Multiple-Family
Residential) zone.
Conditional Use Permit No. 2007-05200 -Request to construct a 14-unit
attached residential planned unit development with modification to
development standards and waiver of setback between buildings.
Tentative Tract Map No. 17116 - To establish a 1-lot, 14-unit airspace
attached residential condominium subdivision. Project Pianner.•
(kwong2®anaheim. ne t)
'Advertised as "Medium".
Continued from the July 9 and July 23, 2007, Planning Commission
meeting.
General Plan Amendment No
Reclassification Resolution No.
Conditional Use Permit Resolution No.
Hi\docs\clerical\agendas\(060607).doc (OB/06I07)
Page 3
3a. CEQA CATEGORICAL EXEMPTION -CLASS 3 AND 11
3b. CONDITIONAL USE PERMIT NO. 2007-05231
Owner: Cornelia Connelly School
2323 West Broadway
Anaheim, CA 92804-2306
Agent: Joseph DeLuca Sr.
PDC Facilities INC.
836 WestTown and Country Road
Orange, CA 92868
Location: 2323 West Broadway: Property is approximately 6.5
acres, having a frontage of 454 feet on the north side of
Broadway and is located 70 feet east of the centerline of
Corner Street.
Request to permit two (2) modular classrooms for an existing high school.
Project Planner.
(kwong2~anaheim.net)
Conditional Use Permit Resolution No.
4a. CEQA CATEGORICAL EXEMPTION -CLASS 1
4b. CONDITIONAL USE PERMIT N0.2005-04974
4c. (TRACKING NO. CUP2007-05223)
Owner: Gock W. Jung
433 South Vicki Lane
Anaheim, CA 92804
Agent: Jonathan Hua
12201 Brookhurst Street
Garden Grove, CA 92840
Location: 420-504 South Brookhurst Street: Property is
approximately 1.5 acres, having a frontage of 305 feet on
the east side of Brookhurst Street and is located 492 feet
north of the centerline of Orange Avenue.
Requests reinstatement of this permit by the modification or deletion of a
condition of approval pertaining to a time limitation and modification to the Project Pianner.
hours of operation to retain a restaurant and banquet facility with on- (skoenm®ananeim.net)
premises sales and consumption of alcoholic beverages.
Conditional Use Permit Resolution No.
H:\docs\clerical\agendas\(080607).doc (OBI06/07)
Page 4
5a. CEQA CATEGORICAL EXEMPTION -CLASS 1
5b. CONDITIONAL USE PERMIT NO. 2007-05205
Owner: Juan Reynoso
1739 East Belmont Avenue
Anaheim, CA 92805
Agent: Timm Saxton
107 South Adams Street
Anaheim, CA 92802
Location: 107 South Adams Street: Property is approximately 0.2-
acre, having a frontage of 150 feet along the west side of
Adams Street and is located 112 feet south of the
centerline of Center Street.
Request to permit a bar with a cover charge.
Conditional Use Permit Resolution No.
6a. CEQA CATEGORICAL EXEMPTION -CLASS 3
6b. CONDITIONAL USE PERMIT NO. 2007-05224:
Owner: Anaheim Union High School District
501 Crescent Way
Anaheim, CA 92801
Agent: John Koos
2923-A Saturn Street
Brea, CA 92821
Location: 501 South Western Avenue: Property is approximately
37.4 acres and is located at the northwest corner of
Westem Avenue and Orange Avenue.
.Request to construct a telecommunications fapility with accessory ground-
mounted equipment disguised as a flag pole.
Conditional Use Permit Resolution No.
H:\d ocs\clerical\age n d as\(080607 ). doc
Pmject Planner.
(skoehmQanaheim.neq
Pmject Planner.
(kwong2Qanaheim.vet)
(08/06/07)
Page 5
7a. NEGATIVE DECLARATION (PREVIOUSLY-APPROVED)
7b. WAIVER OF CODE REQUIREMENT
7c. CONDITIONAL USE PERMIT NO. 2007-05184
7d. (TRACKING NO. CUP2007-05232)
Owner: Roman Catholic Bishop of Orange
2811 East Willa Real Drive
Orange, CA 92867
Agent: Bruce Camino
1915 Orangewood
Orange, CA
Location: 1450 East La Palma Avenue: Property is approximately
37.4 acres and is located at the northwest corner of
Western Avenue and Orange Avenue.
Request to amend apreviously-approved conditional use permit with
waiver of parking lot lighting height adjoining residential property to permit
parking lot lights at a church.
Conditional Use Permit Resolution No.
Project Planner.
(dsee®anaheim.net)
Adjourn To flAonday, August 20, 2007 at 1:00 P.flfl. for Preliminary
Plan Review.
H:\dots\clerical\agendas\(080607).doc (08106/07)
Page 6
CERTIFICATION OF POSTING
I hereby certify that a complete copy of this agenda was posted at:
2:00 p.rn. August 2, 2007
(TIME) (DATE)
LOCATION: COUNCIL C AMBER DISPLAY CASE AND
N IL DISPLAY KIOSK
SIGNED: i
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 Gommission 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 Ctry to make reasonable arrangements to ensure
accessibility to this meeting.
Recorded decision information is available 24 hours a day by calling the Planning Department's
Automated Tele hone S stem at 714-765-5139.
H:\dots\clerical\agendas\(080607).doc (O6/O6I07)
Page 7
SCHEDULE
2007
August 20
September 5 (Wed)
September 17
October 1
October 15
October 29
November 14 (Wed)
November 26
December 10
.December 24 (Cancelled)
H:\dots\clerical\agendas\(080607):doc (08/06/07)
Page 8
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Date: August 6, 2007
Scale: Graphic
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General Plan Amendment No. 2007-00455
Reclassification No. 2007-00198
Conditional Use Permit No. 2007-05200
Tentative Tract Map No. 17116
Requested By: LA VUE LLC
1556 West Katella Avenue
Subject Property
Date: August 6, 2007
Scale: 1" = 200'
Q.S. No. 58
10302
Staff Report to the
Planning Commission
August 6, 2002
Item No. 2
2a. CEQA NEGATIVE DECLARATION (Motion)
2b. GENERAL PLAN AMENDMENT NO. 2007-00455 (Motion)
2c. RECLASSIFICATIOMN0:2007-00198 (Resolution)
2d. CONDITIONAL USE PERMIT NOc 2007-05200 (Resolution)
2e. TENTATIVE TRACT MAP NO. 17116 (Motion):
SITE LOCATION AND DESCRIPTION:
(1} This 0.78-acre property is identified as 1556 West Katella Avenue: The property owner
and applicant is Mehdi Ebrahimzadeh representing La Vue LLC.
REQUEST:
(2) The applicant requests approval of the following applications:
(a) :General Plan Amendment No( 2007-00455 - to amend the Land Use Element Map of
the General Plan to redesignate the property from the General Commercial
designation to the Low Medium Density Residential designation.'
(b) Reclassification No. 2007-00196 - to reclassify the property from the Transition (T)
zone to the Multiple-Family Residential (RM-3)zone.
(c) Conditional Use Permit No: 2007-05200'- to construct a 14-unit attached single-
family. residential condominium complex under authority of Code Section Nos.
r 18.06.030:040.0402 (Dwellings =Single-FamilyAttaofied) and 18.06.160 with waiver
of the following provisions:
CODE SECTION NO. 18.06.090.050 Distance between buildino walls.
Withdrawn by applicant.
CODE SECTION NO. 18.40.060.030 Improvement of private street.
(28 foot wide street, 4 foot sidewalk, 6
foot food wide parkway required; 28 foot
wide street, noparkway and sidewalk
proposed)
(d) Tentative Tract Mao No. 17116 - to establish a 1-lot, 14-unit airspace attached
residential condominium subdivision.
'Advertised as Medium Density Residential
BACKGROUND:
(3) This property is currently vacant and is located within the Transition (T) zone. The General
Plan designates this property and the property to the south for Low Density Residential
land uses. Properties to the north (across Katella Avenue) and west are designated for
General Commercial land uses and properties to the east for Medium Density Residential.
land uses.
Page 1
Staff Report to the
Planning Commission
August 6, 2007
Item No. 2
GENERAL PLAN AMENDMENT REQUEST:.
(4) :The applicant requests an amendment to the Land Use Element Map of the General Plan
to amend the property from the General'Commercial land use designation to the Medium
Density Residential land use designation.
(5) The Land Use Element of the Anaheim General Plan`is the official guide for future
development within the City and is intended to promote an arrangement of land uses,
highways and public serviceswhich'provide orderly development and adequate provisidn
for public improvements:: Sihce the initial adoption of the General Plan in November 1969,
the Planning Commissiortand City Council have viewed the General Plan as being flexible
within specified ranges.
(6) The existing General Commercial land use desighation is intended to provide for the`
dt:velopmenf of a variety of commercial uses and is typically implemented by C-G (General
Commercial) zone: The attached Exhitiit A shows the existing anti proposed General Plan
designatldnsfor the project site:
(7) The proposed Low Medium Density Residential land use designation is intended to provide
> for the development df small-lotsingle-family homes, condominiums, townhomes, and
apartments not exceeding the maximum density range as prescribed by the General Plan
and zoning. This designation is typically implemented by the RS-4 (Single Family
Residential), RM-1'; RM-2,'and RM-3 (Multiple Family Residehtial) zones. The Low
Medium Density Residential land use designation would permit a theoretical maximum of
up to 14 units at a density of 18 dwelling units per gross acre fdr this property: Staff
believes that the Low Medium Density Residential land use designatitn is appropriate for e
this property. The proposed condominiums would be compatible with thebondominiums to
the northeast across Katella Avenue (which are located in tht: RM-3 zoneJand
condominiums to the west (whicft are located in the RM-2 zone):
PROPOSAL:
(8) The applicant is requesting reclassification of the property from the T (Transition) zone to
the RM-3 (Multiple Famity Residential) zone in connection with a conditional use permit
and tentative tractmap to'cdnstruct 14 attached units: The site plan and tentative tract
map indicate the following site characteristics:
sue ,urea: .79 acres 34,412 s.f. N/A
Number of Dwelling 14 dwelling units / 17.7 14 units maximum/18 d.u. per
Units/Densit d.u: er acre acre
Average Land Area
er Unit 2,458 s.f. 2,400 s.f. minimum
Lot Covera a 30 % < 45% maximum
Avg. Rec/Leisure 577 s.f: per unit (8,080 s.f:
Area er Dll ,
total '' 350 s.f. per unit (4,900s.f. total)
Page 2
Staff Report to the
Planning Commission
August 6, 2007
Item No. 2 I
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Aerial view of vacant site
(g) The'site plan and tentative map indicate the following setbacks:
Gode-Required Building
~ ~~ Proposed Building and~`.~~ ~ "~~ and Landscapetl Adjacent
Direetlon, ~ ~~"'Landscaped Setbacks
~~~ Setbacksr~.`
~ Zoning ;
RM3
`>-
Northadjacentto ~ 1g-21 feetbuilding~ 15 feet building`.
C-G
Katella Avenue 19-21 feet`landscaped 15 feet landscaped
Units 7 & 8
1 floor)*
9.25-15 feet building ( 10 feet building (1~afloor)
EastadJacent to- d
15 feet building (2" floor) 15 feet buildin~ (2 flocr) N/A
flood channel m
20 feet building (3 .floor)
15 feet (3 floor)
> (Units 8-13) ' g.25-15 feet landsca ed 5 feetiandsca ed
afy nt to 15 feet building (i~afloor)b 20 feet (1~floor)
single-fam 15 feet building (2 floor] 25 feet (2 floor) RS-2
residence ' 15 feet landscaped 10 feet andscaped
Units 1 & 14
) 25 feet building (2~ floor)
adjacent tosingle-
residence
family *
2230 feet building (2nd floor
55 feet building (3 floor) RS-2
.
Units 1-3 18-25 feet landscaped 10 feet landsca ed
West adjacent to 15 feet (1~ floor) building 10 feet building (1s~ floor) T
Page 3
1
Staff Report to the
Planning Commission
August 6, 2007
Item No. 2
office use - 18 feet (2" floor) building 15 feet building (2" floor)
(Units 47) 24-25 feef (3`~ floor) building ;, 15 feetbuilding (3`" floor)
15 feet landsca ed 5 feet lahdsca ed
mouu
(10)
proposf
garage
spaces
(11) Thefl
two-c.
floor ~
rooi
goer
~ as follows:
ro
~e good project design; privacy; livability, and
:way from Katella Avenue. Decorative
ated into the drivewayentry. The site plan
subdivision, with two'(2) spaces within a
:es. 'Code requires a total of 38 parking
ices fora 3-bedroom unit (3 x 8 units= 24
25x6=13.5}:
and 3-story units consisting of an attached
~wder room on the first floor. The second
athrooms, laundry room and a loft,
Number of ; Living Area
Plan ~E, Units Garage Area Number of Bedrooms
lfotal
1,569 square feet
A 2 450 square feet 2'Bedrooms
2,019 square feet
1,580 square feet
13 2 440 square feet 2 Bedrooms
2,020 square feat
(1;721 square feet
C B 440 square feet 3 Bedrooms.
'2;181 square feet
1,165 square feet
D 2 440 square feet 2 Bedrooms
1,605 square feet
(12) Elevation drawings show that the buildings would tie a maximum of 31.8 feet high, with a
range of two and three story units: Plans indicate a concrete the roof; stucco finished
exterior walls with the use ofstone veneer, wood Biding, shutters, and decorative cdrbels.
{13) The conceptual landscape plan lhdlcates four (4) 24 inch box size Pink Trumpettrees,
assorted shrubs and ground cover, and'sod to be planted along Katella Avenue. The
private rear yards would be improved by each individual homeowner Staff has also:
included a donditlohef apprdval requiring a detailed landscape plan to ensure that the plan
ihcorporates a layered landscape theme along KateilaAvenue;
ENVIRONMENTAL IMPACT ANALYSIS;
(14) Staff has reviewed the proposal and prepared an Initial Study which is available for review
in the Planning Department: The study concludes that there will be no sighiftcant
Page 4
l
Staff Report to the
Planning Commission
August 6, 200T
Item No. 2
environmental impacts; therefore, staff recommends that a Negative Declaration be
approved.
EVALUATION:
(15) The applicantrequests an amendment to the GeneraLPlan land use designation from
General Commercial to Low Medium Density Residential and rezoning of the. property from
the T(Transition) to tZM-3 (Multiple Family Residential) zone. The requested rezoning
would be compatible with the proposed General Plan. designation of Low Density.
Residential: Staff believes that the RM-3 zone is compatible with the adjacent
condominiums to the northeast across Katella Avenue and east across the flood control
channel
(16) The waiver pertaining to minimum distancebetween buildings has been withdrawn by the
applicant.
(17) Attached single family residences are permitted in the RM-3 zone subject to the approval
bf a conditional' use permifunder authority of Code Section 18.06.160 pertaining to
residential planned unit developments. Modification to standards is allowed in order to
achieve good project design, privacy, livability, and compatibility with surrounding uses,
The project varies from the Code with regard to building setbacks as outlined in paragraph
5above.
(18) The proposed land use is compatible with the surrounding multiple-family uses across
Katetla Avenue and east across the floodbantrol channel. Modification of setbacks
adjacent to asingle-family residential zone boundary is requested: One of the
modifications would. be for the rear yards for Units 6 through 13 abutting the flood control
channel. The proposed setbacks aFe adequate as these minor deviations would noFlimit
the privacy of adjacent neighbors due to the proposed units' adjacency to the flood
channel. Modifications are also. requested for the units adjacent to the single-family ;
residences. Plans indicate tall trees to be planted in order to provide an adequate buffer
between the two uses: Furthermore, windows on the second story are for bathrooms and
hallways. and are proposed td be opaque to maximize privacy for the adjacent residences.
(19) The applicant also requests to waive the minimum standards of a private street. Putilic
Works Standards require a 4-foot wide sidewalk and 6-foot wide parkway on'each side of
the street proposed, and plans do not indicate a sidewalk or parkway. Staff believes that
providing a designated pedestrian access is important for the safety of the residents, and
therefore, does not support this waiver request. The incorporation of a private street would
result in a redesign of the project.
(20) The proposed subdivision is consistent with the proposed General Plan. However, staff
recommends a continuance of the project for the project to modify the project to comply
with the minimum standards of a private street.
FINDINGS:.
(21) Before the Planning Commission grants any conditional use permit for a residential
planned unit development, it must make a finding of fact that the evidence presented
shows that all of the following conditions exist:
Page 5
1
Staff Report to the
Planning Commission
August 6, 2007
Item No. 2
(a) Tfie uses within the. project are compatible;
(ti) New buildings or structures related to the project are compatible with the scale,
mass, bulk, and orientation of existing buildings in the surrounding area, provided
the existing buildings conform with the provisions of this title;
(c) Vehicular and pedestrian access'are adequate;
(d) The project is consistent with applicable design guidelines adopted bythe City;
(e) The size and shape of the site proposed for the use is' adequate to allow the full
developmenYof the proposed use in a manner not detrimental td theparticular
`area;
(f) The traffic generated by the proposed use will not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area;
(g) The project complies with the General Plan and any applicable zoning or specific
plan; and
(h) The granting of the conditional use permit under the conditions imposed, if any, will
not be detrimental to the. peace, health, safety and general welfare of thecitizens of
the City of Anaheim:'
(22) "The State Subdivision Map Act (Government Code, Section 66473.5) makes it mandatory
to include in alf motions approving, or recommending approval of a tract map, a specific
finding that the proposed Subdivision together with its design and improvement is
aonsistenfwith the'City's General Plan.
Further, the law requires that the' Commission make any of the fdllowing findings when
denying or recommending deniafof a tracfmap:
T.' ` ThaEthe proposed map js not consistent with applicable GeneraF and Specific
Plans.
2: ' That the design or improvement of the proposed subdivision is hofconsistent with
applicable General and Specific Plans.
3: Tfiaf the site is not physically suitable for the type of development:
4: ' That the site is not physically suitable for 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 of the subdivision or the typebf 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;acquiredbythe publicat latge, for' access through or•LSe of property
within the proposed subdivision "
Page 6
Staff Report to the.
Planning Commission
August 6, 2007
Item No. 2
RECOMMENDATION:
(23) Staff recommends that the Planning Commission continue the request to allow the
applicant to make modifications to the project as recommended.
Page 7
1
Item No. 3
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RCL 6263-26
T-CUP 2003-04776
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CUP 2053 CUP 3429
CUP 307 CUP 307
VAR 4041 - VAR 4041
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)RNELIA CONNELL '' '
HIGH SCHOOL - , ~. ~,
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Conditional Use Permit No. 2007-05231
Requested By: CORNELIA CONNELLY SCHOOL
2323 West Broadway -Cornelia Connelly High School
RM-4
RCL 66-69.76
RCL 68-69-71
VAR 2057
APARTMENTS
766 DU
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~' Subject Property
pate: August 6, 2007
Scale: 1" = 200'
Q.S. No. 33
10334
ITEM N0.3
PLANNING COMMISSION AGENDA REPORT
City of Anaheim
PLANNING DEPARTMENT
DATE: AUGUST 6, 2007
FROM: PLANNING DIRECTOR.
SUBJECT: CONDITIONAL USE PERMIT N0.2007-05231-REQUEST TO
PERMIT TWO (2) MODULAR CLASSROOMS
LOCATION: 2323 West Broadway.
APPLICANT/PROPERTYQWNER: PDC Facilities/Comelia Connelly School.
RECOMMENDATION: Staff recommends that the Commission take the following
actions:
(a) By motion, approve a CEQA Categorical Exemption, Classes 3 and 11 (New
Construction and Accessory Structures).
(b) By resolution, approve Conditional Use Permit No. 2007-05231:
REQUEST: The applicant requests approval to permit two (2) modular units for an
exisfing high school.
BACKGROUND: This property is developed with Comelia Connelly School and is
located`within the Transition (T) zone. The General Plan designates this property for
school uses: Properties to the north are designated for Low-Medium Density Residential
land uses, properties to the east for Medium Density Residential land uses, and
properties to the south and west for Low Density Residential land uses:
Conditional Use Permit No. 2871, a request to construct a new gymnasium on the site
was approved by the Planning Commission on September 20, 2004 (Tracking No.
CUP2004-04872). The gymnasium is under construction.
PROPOSAL: The applicant proposes to construct two (2) modular units. The site plan
shows each modular unit would be 950 square feet. Since an increased student
enrollment is not proposed, additional pazking spaces would not be required: The
modular units would' create additional space for existing academic classes while the
gymnasium and art complex is under construction:
ANALYSIS: Modular units are conditionally permitted within the Transition zone. The
200 S. Anaheim Blvd r0 osed modulazunits are com atible with the existing school operations. The modular
suite#1s2 P P P
Ananetm, ca szao5. units will not be visible from adjoining properties because they would be located at the
Tel: (714) 765-5139
Fax: (714) 765-5260
www.anaheim.net
:CONDITIONAL USE PERMIT NO. 2007-05231
August 6, 2007
Page2of2
rear of the property and surrounded by existing school buildings, School enrollment will
not be increased; therefore,.vehicular traffic and parking demands would not change:
Therefore, staff recommends approval of this request.
Respectfully submitted, Concurred by,
C_~
Principal Planner Planning Director
Attachments:
1: Letter of Operation
PR®JECT SUNIIVIARY
CUP2007~05231
I9evelo gnent S#andard 'Pro used Pro'ect 'T zone standards
Site Area 6.5 N/A
Parking 168 s aces* 977 s aces
Building setbacks Adiacent to: Feet
Broadway 520 25
..Side 20 10
Rear 50 25
Signs No signs plans submitted Will comply with Code
requirements
*Existing pazkmg sttuanon.
[®RAFTj
RESOLUTION NO. PC2007--"'
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0.2007-05231 BE GRANTED
(2323 WEST BROADWAY)
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:
ALL THAT CERTAIN LAND SITUATED IN SECTION 18, TOWNSHIP 4 SOUTH, RANGE 10
WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK
51 PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LIEN OF THE NORTHWEST QUARTER OF
THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 10 WEST,
S.B.B. & M. NORTH 88° 15" EAST 865.95 FEET FROM THE SOUTHWEST CORNER OF
THE NORTHWEST QUARTER OF SAID NORTHEAST QUARTER AND RUNNING
THENCE NORTH 0° 21' 00" WEST 666.49 FEET TO A POINT ON THE NORTH LINE OF
THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID NORTHEAST QUARTER;
THENCE NORTH 88° 58' 07" WEST 230.60 FEET FROM THE NORTHEAST QUARTER;
THENCE SOUTH 0° 18' 10" EAST 666.50 FEET A POINT ON THE SOUTH LINE OF THE
NORTHWEST QUARTER OF SAID NORTHEAST QUARTER WHICH SAID POINT IS
SOUTH 88° 58' 15" WEST 1548.50 FEET FROM THE SOUTHEAST CORNER OF THE
NORTH HALF OF SAID NORTHEAST QUARTER; THENCE SOUTH 88° 58' 15" WEST
225.15 FEET TO THE POINT OF BEGINNING. ALL THAT CERTAIN LAND SITUATED IN
SECTION 18, TOWNSHIP 4 SOUTH RANGE 10 WEST, IN THE RANCHO LOS COYOTES,
AS SHOWN ON A MAP RECORDED IN BOOK 51 PAGES 10 OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF`
THE NORTHEAST OF THE NORTHEAST QUARTER OF SECTION' 18, TOWNSHIP 4
SOUTH, RANGE 10 WEST, S.B.B & M. NORTH 88° 58' 15" EAST 1091.10 FEET FROM
THE SOUTHWEST QUARTER" OF SAID NORTHEAST QUARTER AND RUNNING
THENCE NORTH 0° 18' 10" WEST 566.50 FEET TO A POINT ON THE NORTH LINE OF
THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID NORTHEAST QUARTER;
THENCE NORTH 88° 58' 07" EAST 230.60 FEET TO THE NORTHEAST CORNER OF THE
SOUTH HALF OF THE NORTHWEST QUARTER OF SAID NORTHEAST QUARTER;
THENCE SOUTH 0° 08' 25" EAST 666.51 FEET TO THE SOUTHEAST CORNER OF THE
SOUTH HALF OF THE NORTHWEST QUARTER OF SAID NORTHEAST QUARTER;
THENCE SOUTH 68° 58' 15"WEST 228.70 FEET TO THE POINT OF BEGINNING.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on August 6, 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; 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:
Cr\PC2007- -1- PC2007-
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Sections 18.14.030.040.0402 (Education Institutions -General) and 18.14.030:080
(Temporary Modular Units).
2. That modular units would be used in conjunction with a previously approved private
educational institution only and would not adversely affect the adjoining land uses or the growth and
development of the area since student enrollment would not be increased, and there is no significant change
in the operation of the existing school -
3. That there will be no added traffic or parking impacts that would occur due to the addition of
the two (2) modular buildings since enrollment would not increase.
4. That the granting of this permit under the conditions imposed will not be detrimental to the
health and safety of the citizens of the City of Anaheim since there will be no significant change in the
existing land use and operation on the site.
5. 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: The Planning staff has
determined that the proposed project falls within the definition of Categorical Exemptions, Sections 15303
and 15311, Class 3 and 11 (New Construction and Accessory 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:
1. That within a period of one (1) year from the date of this resolution, the applicant shall obtain any
necessary building permits and shall obtain Building Division clearance for the modular units.
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 through 3, and as conditioned herein.
General Conditions:
3. 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.
4. 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.
-2- PC2007-
5. That extensions for further time to complete conditions of approval maybe granted in accordance with
Section 18:60.170 of the Anaheim Municipal.
6. 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
August 6, 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 maybe replaced
by a City Council Resolution in the event of an appeal.
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on August 6, 2007, by the fallowing 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
-3-
PC2007-
Attachment -Item No. 3
May 25, 2007
Kimberly Wong
City of Anaheim
200 S. Anaheim Blvd., 2"d Floor
Anaheim, CA 92805
Re: Request for Temporazy Modulaz Buildings
Comelia Connelly School
2323 W. Broadway
Anaheim. CA 92804
714-776-1717
Deaz Ms Wong:
We aze requesting to install two (2) temporary modular buildings on the campus of
Comelia Connelly School. The reason for needing the temporary modular buildings is to
create more space for our existing academic classes, while the new Gymnasium and Art
Complex is being constructed. We are currenfly conducting classes in the Library, and
the temporary modutaz buildings would allow the Library to be returned to its normal
function. The new modular buildings will not increase staffing or student eru~ollment.
We thank you in advance for your help with this matter. PIease Iet me know if you need
any additional information,
Sincerely,
Sr. Francine Gunther
Item Nn_ ~
RCL 2005-001 d5
RCL x05.00145
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VAR 433
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VAR 2276 9 VAR 433
VAR 2240
VAR 431
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T4;UP 2006-05095 CUP2004-01544
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PCN 2001-00015 CUP 2004-04844 fid-65-13
SMALL SHOPS BANK
Conditional Use Permit No. 2005-04974
TRACKING NO. CUP2007-05223
Requested By: GOCK W JUNG
420-504 South Brookhurst St -Seafood Palace Restaurant
10335 'i
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Subject Property
Date: August 6, 2007
Scale: 1 " = 200'
Q.S. No. 40
a
Conditional Use. Permit No. 20p5-04974
TRACKING NO. CUP2007-05223
Requested By: GOCK W JUNG
420-504 South Brookhurst St -Seafood Palace Restaurant
Date.of AP
=July:
10335
P~PNEIM CgCF
ITEM N0.4
O~ Om
2
' ~ PLANNING COMMISSION AGENDA REPORT
City of Anaheim
PLANNING DEPARTMENT
DATE: AUGUST 6, 2007
FROM: PLANNING DIRECTOR
SUBJECT: CONDITIONAL IISE PERMIT NO. 2005-04974
(TRACHING NO. CUP2007-05223)
LOCATION: 420-504 South Brookhurst Street
APPLICANT/PROPERTY OWNER: Gock Woey Jung
RECOMMENDATION: Staff recommends that the Commission take the following
actions:
(a) By motion, approve a Categorical Exemption (Class 1).;
(b) By resolution, approve the amendment to Conditional Use Permit No. 2005-
04974:
REQUEST:
The applicant requests modification to conditions of approval to continue operation and
extend the hours of operation for a restaurant and banquet facility with on-premise sales
and consumption of alcoholic beverages.
BACKGROUND:
This property is cun•ently developed with the Seafood Palace restaurant and banquet
facility with on-premise sales and consumption of alcoholic beverages. The property is
zoned General Commercial and is within the Brookhurst Commercial Corridor Overlay
Zone. The General Plan designates this property and properties to the north, south and
west for Corridor Residential land uses and the properties to the east for Low Density
Residential land uses.
The following is a summary of City actions that have taken place on this property which
are relevant to the current request: -
A conditional use permit was approved in 2000 to retain and permit a banquet hall with
service, but not sales, of alcoholic beverages for on-premises consumption. In 2005, the
Planning Commission approved a request to permit on-premises sales and consumption
of alcoholic beverages.. This permit contained a condition of approval limiting the hours..
zoos. Ananefm awd• of operation to Sunday through Friday from 9 a:m. to 10 p.m: and Saturday from 9 a.m.
suite #162
Anaheim, CA 92805
Tal: (714) 765-5139
Fax: (714) 755-5280
www.anaheim.net
CONDITIONAL USE PERMIT NO. 2005-04974
Angus[ 6, 2007
Page 2 of 2
to 11 p.m. The approval also included a condition stipulating the authorization to serve
alcoholic beverages shall expire on May 2, 2007.
PROP®S.4L:
The applicant is requesting extension of the alcohol portion of the permit. The applicant
indicates that often reservations are made a yeaz in advance and the deletion of the lime
limitation is necessary to maintain a continuous business operation: sThe applicant is
also requesting a modification of the condition of approval to extend the hours of
operation to Monday through Thursday from 9 a:m to l0 p:m. and Fridaythrough
Sunday from 9 a.m: to 12 a.m. ` to provide greater flexibility for wedding receptions.
ANALYSIS: Code permits the sale of alcoholic beverages for on-premises
consumption in conjunction with a banquet facility or restaurant subject to a conditional
use permit. The applicant has maintained the property in compliance with Code
requirements and there are no outstanding Code Enforcement violations on this property:
Staff has evaluated the proposal with the Police Departmenf and believes that the
continued operation of the banquet facility with extended hours would be'appropriate for
this location. Therefore, staff recommends approval'of the project,'as condifioned in the
attached draft resolution.
Respectfully submitted, Concurred by,
~~_~ ~"
Principal Planner Planning Director
Attachments
1. Project Summary
2." Community Preservation Division Memo
3. Original Planning Commission Resolution
PR®JECT SUMIVIARI'
Conditional YJse Permit No. 2005-04974
lDeve]o went Standard Pro osed Pro'ect [list zone] Standa_ rds
Site Area 1.S acre N/A
Parking 213 spaces 203 s aces
Landscaping
Front 12-18 ft.* 1S ft.
Side None None
Reaz 2 ft.* 10 8.
Building Setback
Front 12-18 ft.* 1S ft.
Side None None
Reaz 1S3 ft. 51 ft.
Floor Area Ratio 0.12 N/A
Buildin Height Sin le story structure 6 stories (7S feet) ft.
* These conditions were in effect prior to the adoption of current development standazds
and aze legal nonconforming.
[®~zAF~
RESOLUTION NO. PC2007--"'
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 2005-04974, AND
AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2005-77,
ADOPTED THEREWITH
(420-504 SOUTH BROOKHURST STREET)
WHEREAS, on May 2, 2005, the Anaheim Planning Commission, by its Resolution No. PC2005-
77 approved Conditional Use Permit No. 2005-04974 to permit a restaurantbanquet facility with on-premises
sale and consumption of alcoholic beverages on property located at 420 South Brookhurst; and
WHEREAS, said Resolution No. PC2005-77 includes the following conditions of approval:
"1 That the on-premises sales and consumption of alcoholic beverages portion of this
conditional use permit shall expire on May 2, 2007.
5. That the hours of operation shall be limited to Sunday through Friday 9 a.m. to 10 p.m.
and Saturday 9 a.m. to 11 p.m
WHEREAS, this property is currently developed with a restauranUbanquet facility, the underlying
zoning is C-G, BCC (General Commercial, Brookhurst Commercial Corridor Overlay); the Anaheim General
Plan designates this property for Corridor Residential land uses; and the property is located within the West
Anaheim Commercial Corridors Redevelopment Area; and
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Reinstatement
of Conditional Use Permit to modify or delete a condition of approval pertaining to a time limitation and hours of
operation to retain apreviously-approved restauranUbanquet facility with on-premises sale and consumption of
alcoholic beverages pursuant to Code Section Nos. 18.08.030.040.0402 (Recreation -Commercial Indoor) and
18.60.180 of the Anaheim Municipal Code for certain real property situated in the City of Anaheim County of
Orange, State of California, described as:
THE NORTH 50 FEET OF LOT 4, IN BLOCK B OF TRACT 13, AS PER MAP
RECORDED IN BOOK 9, PAGE 12 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 August 6, 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 "Procedures", to hear
and consider evidence for and against said proposed amendment and to investigate and make findings and
recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself and in
its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and
determine the following facts:
1. That the applicant's proposal to reinstate a restauranUbanquet facility with on-premises sale and
consumption of alcoholic beverages is authorized by the Anaheim Municipal Code Section Nos.
18.08.030.040.0402 (Recreation -Commercial Indoor) and 18.60.180.
2. That the proposed reinstatement and deletion of time limitation for the restaurantbanquet
facility would not adversely affect the adjoining land uses and the growth and development of the area in which
it is currently located because the facility already exists and is operated in conformance with all conditions of
approval
CR\PC2007- -1- PC2007-
3. That the facts necessary to support each .and every required showing for the original approval of
the entiklement exists; and that an inspection conducted by the Community Preservation Division of the Planning
Department revealed that the site is in compliance with all conditions of approval.
4. That this conditional use permit is being exercised in a manner not detrimental to the particular
.area and surrounding land uses, nor to the public health and safety.
5. That the deletion of the time limitation is appropriate because it has been demonstrated that the
use has operated in a manner that is appropriate in the underlying zone and the periodic review of the use is no
longer necessary.
6. That *" indicated their presence at the public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: Planning staff has determined that
the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing
Facilities), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare
additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission, for the
reasons hereinabove stated, does hereby reinstate Conditional Use Permit No. 2005-04974, to retain a
restauranUbanquet facility with on-premises sale and consumption of alcoholic beverages at 420 South
Brookhurst.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby amend the
conditions of approval of Resolution No. 2005-77, relating to Conditional Use Permit No. 2005-04974, as
follows:
1. That no admission fee or any other type of public entrance fee shall be permitted for this facility:.
2. That the activities occurring in conjunction with the operation of this establishment shall not cause noise
disturbance to surrounding properties.
3. That there shall be no pool tables or coin-operated amusement devices maintained upon the premises
at any time.
4. That the hours of operation shall be limited to: Monday through Thursday 9 a.m. to 10 p.m. and Friday
through Sunday 9 a.m. to 12 a.m.
5. That a manager shall be on-site at all times while the banquet facility is in operation.
6. That at all times when the facility is being utilized as a banquet facility, uniformed security shall be
provided to the satisfaction of the Anaheim Police Department to deter unlawful conduct on the part of
patrons, and to promote the safe and orderly assembly and movement of persons and vehicles, and to
prevent disturbance to the neighborhood by excessive noise generated by patrons entering or leaving
the premises.
7. That all doors serving subject restaurant shall conform to the requirements of the Uniform Fire Code and
shall be kept closed at all times during the operation of the premises except for ingress/egress, permit
deliveries .and in cases of emergency. That the door located on the east wall of the building shall be
kept closed and inaccessible from the exterior of the building to prevent noise impacts tc the adjacent
residential properties, except in cases of emergency
8. That at all times when the premises is open for business, the premises shall be maintained as a bona
fide restaurant as defined in the Anaheim Municipal Code as an establishment that is engaged primarily
in the business of preparing and serving meals for immediate consumption. The term "primarily' shall
mean that food and nonalcoholic beverages sales comprise a minimum of sixty percent (60%) of the
-2- PC2007-
1
gross income from the establishment's business operation. Service of alcoholic beverages is, and shall
at all times be, accessory to the primary restaurant use.
9. That there shall be no bar or lounge area upon the licensed premise maintained for the purposes of- = -
sales, service, or consumption of alcoholic beverages directly to patrons for consumption.
10. That the gross sales of alcoholic beverages shall not exceed 40 percent of the gross sales of sll retail
sales during any three (3) month period. The applicant shall maintain records on a quarterly basis
indicating the separate amounts of sales of alcoholic beverages and other items. These records shall be
made available for inspection by any City of Anaheim official when requested.
11. That the sale of alcoholic beverages for consumption off the premise shall be prohibited.
12. That there shall be no exterior advertising of any kind or type, including advertising directed to the
exterior from within, promoting or indicating the availability of alcoholic beverages.
13. That the parking serving the premises shall be equipped with lighting of sufficient power to illuminate
and make easily discernible the appearance and conduct of all persons on or about the parking lit. Said
lighting shall be directed, positioned and shielded in such a manner as not to unreasonably illuminate
the windows of nearby residences.
14. That all doors serving subject restaurant shall conform to the requirement of the Uniform Fire Code and
shall be kept closed at all times during the operation of the premises except for ingress/egress, permit
deliveries and in cases of emergency.
15. That subject alcoholic beverage license shall not be exchanged for a public premise (bar) type license
nor shall the establishment be operated as a public premise as defined in Section 23039 of the
Business and Professions Code.
BE IT FURTHER RESOLVED that, except as amended herein, Resolution No. PC2005-77 shall
remain in full force and effect.
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
August 6, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of
the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution
in the event of an appeal.
CHAIRMAN, ANAHEIM .PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
_3_ PC2007-
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
August 6, 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-
Attachment -Item Mo. 4
MEMORANDUM
CITY OF ANAHEIM
Community Preservation Division
DATE: JUNE 25, 2007
TO: SCOTT KOEHM, PLANNER
FROM: MARK DICKINSON #1015, COMMUNITY PRESERVATION OFFICER
SUBJECT: 420 S. BROOKHURST ST.
On June 22, 2007, I conducted an inspection of the property located at 420 S. Brookhurst St.
The inspection was in regazds to the reinstatement of the C.U.P. (CUP2005-04974, tracking case
no. CUP2007-05223) to retain a previously approved restaurant and banquet facility with sales of
alcoholic beverages.
Upon inspecting the property, I observed three violations of the Anaheim Municipal Code. The
violations aze as follows:
• There was a small amount of refuse and waste (i.e. cardboazd boxes) outside of the trash
enclosure.
• There was bare dirt and dead grass in some of the planter areas on the property.
• There was a portable sign in front of the business.
A Courtesy Notice was sent to the property owner (Gock W. Jung), informing him of the
violations and allowing him twenty (20) days to bring the property into compliance.
A seazch of the Community Preservation Division Records revealed that the property has had at
least three (3) previous cases for minor (i.e. displaying flags banners without SEP and lack of
live landscaping, & etc.) violations; occurring from 2002 until the present time.
If you have any further questions, please contact me at ext. 4195.
Attachment -Item Plo. 4
RESOLUTION NO. PC2005-77
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0.2005-04974 BE GRANTED
(420-504 SOUTH BROOKHURST STREET)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California,
described as:
THE SOUTH 125 FEET OF THE NORTH 205 FEET OF LOT 5 IN BLOCK B OF TRACT NO.
13, IN THE CITY OF ANAHEIM, AS PER MAP RECORDED IN BOOK 9, PAGE 12 OF
MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY.
LOT 4 IN BLOCK B OF TRACT 13, AS SHOWN ON A MAP RECORDED IN BOOK 9 PAGE
12 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on May 2, 2005, at 2:00 p.m., notice of said hearing having been duly given as required by
law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to
hear and consider evidence for and against said proposed conditional use permit; 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 restauranUbanquetfocility with on-premises sale and consumption of
alcoholic beverages is properly one for which a conditional use permit is authorized by Anaheim Municipal
Code Section No. 18.08.030.040.0403
2. That the use operating as a banquet and restaurant facility would not adversely affect the
adjoining land uses and the growth and development of the area in which it is located.
3. That the size and shape of the site for the use is adequate to allow full development of the
use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare.
4. That the traffic generated by the existing banquet facility and proposed restaurant would not
impose an undue burden upon the streets and highways designed and improved to carry the traffic in the
area. ..
5. That granting of this conditional use permit, under the conditions imposed, will not be
detrimental to the peace, health., safety and general welfare of the citizens of the City of Anaheim.
6. That this new conditional use permit will be exercised in substantially the same manner and
in conformance with all conditions and stipulations originally approved by the Planning Commission for the
banquet facility and also includes new conditions.
7. That no one indicated thelrpresence at said public hearing in opposition; and that "`
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to permit the on-premises sale and consumption of alcoholic
beverages in a restauranWanquet facility and has determined that the project is within the definition of
Categorical Exemptions, Class 1, Section 15301, (Existing Facilities), as defined in the CEQA Guidelines
and is, therefore, exempt from the requirement to prepare additional environmental documentation.
Cr\PC2005-077 -1- PC2005-77
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby
found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the-
safety and general welfare of the Citizens of the City of Anaheim:
1. That the on-premises sales and consumption of alcoholic beverages portion of this conditional use
permit shall expire on May 2, 2007.
2. That no admission fee or any other type of public entrance fee shall be permitted for this facility.
3. That the activities occurring in conjunction with the operation of this establishment shall not cause
noise disturbance to surrounding .properties.
4. That there shall be no pool tables or coin-operated amusement devices maintained upon the premises
at any time.
5. That the hours of operation shall be limited to: Sunday through Friday 9 a.m. to 10 p.m.
Saturday 9 a.m. to 11 p.m.
6. That a manager shall be on-site at ail times while the banquet facility is in operation.
7. That at all times when the facility is being utilized as a banquet facility, uniformed security shall be
provided to the satisfaction of the Anaheim Police Department to deter unlawful conduct on the part of
patrons, and to promote the safe and orderly assembly and movement of persons and vehicles, and to
prevent disturbance to the neighborhood by excessive noise generated by patrons entering or leaving
the premises.
8. That all doors serving subject restaurant shall conform to the requirements of the Uniform Fire Code
and shall be kept closed at all times during the operation of the premises except for ingresslegress,
permit deliveries and in cases of emergency. That the door located on the east wall of the building
shall be kept closed and inaccessible from the exterior of the building to prevent noise impacts to the
adjacent residential properties, except in cases of emergency
9. That at all times when the premises is open for business, the premises shall be maintained as a bona
fide restaurant as defined in the Anaheim Municipal Code as an establishment that is engaged
primarily in the business of preparing and serving meals for immediate consumption. The term
"primarily" shall mean that food and nonalcoholic beverages sales comprise a minimum of sixty
percent (60%) of the gross income from the establishment's business operation. Service of alcoholic
beverages is, and shall at all times be, accessory to the primary restaurant use....
10. That there shall be no bar or lounge area upon the licensed premise maintained for the purposes of
sales, service, or consumption of alcoholic beverages directly to patrons for consumption.
11. That the gross sates of alcoholic beverages shall not exceed 40 percent of the gross sales of all retail
sales during any three (3) month period. The applicant shall maintain records on a quarterly basis
indicating the separate amounts of sales of alcoholic beverages and other items. These records shall
be made available for inspection by any City of Anaheim official when requested.
12. That the sale of alcoholic beverages for consumption off the premise shall be prohibited.
13. That there shall be no exterior advertising of any kind or type, including advertising directed to the
exterior from within, promoting or indicating the availability of alcoholic beverages.
14. That subject alcoholic beverage license shall not be exchanged for a public premise (bar) type license
nor shall the establishment be operated as a public premise as defined in Section 23039 of the
Business and Professions Code.
-2- PC2005-77
15. That the parking lot serving the premises shall be equipped with lighting of sufficient power to --
illuminate and make easily discernible the appearance and conduct of all persons on or about the
parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to
unreasonably illuminate the windows of nearby residences.
16. That the business operator shall comply with Section 24200.5 of the Business and Profession Code so
as not to employ or permit any persons to solicitor encourage others, directly or indirectly, to buy them
drinks in the licensed premises under any commission, percentage, salary, or other profit-sharing plan,
scheme or conspiracy.
17. That there shall be no public telephones on the property that are located outside of the building and
within the control of the applicant.
18. That any and all security officers provided shall comply with all State and Local ordinances regulating
their services, including, without limitation; Chapter 11.5 of Division 3 of the California Business and
Profession Code.
19. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged or diseased, and/or dies,
20. That trash storage area(s) shall be maintained in location(s) acceptable to the Public Works
Department, Streets and Sanitation Division, and in accordance with approved plans on file with said
Department. Said storage areas shall be designed, located and screened so as not to be readily
identifiable to adjacent streets or highways. The walls of the storage areas shall be protected from
graffiti opportunities by the use of plant materials such as minimum one (1) gallon sized clinging vines
planted on maximum three (3) foot centers, or tall shrubbery.
21. That the existing parking lot shall be maintained in good condition free of trash and debds.
22. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance; removal of trash or debris, and removal of graffiti within twenty four
(24) hours from time of occurrence.
23. That valet service shall be provided to patrons of the banquet facility to minimize impacts to the
adjacent residents. The valet service shall utilize the parking spaces along the east property line as the
"last load" area
24. That this facility shall operate as a bona fide restaurant and banquet hall and shall not operate as a
nightclub, bar or cocktail lounge.
25. That this use shall comply with the requirements of Chapter 6.70 "Sound Pressure Levels".
26. That no outdoor uses and/or assembly shall occur on subject property.
27. That the owner of the subject property shall submit a letter requesting termination of Conditional Use
Permit No. 2000-04277 (to permit a banquet hall with service but no sales of alcoholic beverages for
on-premises consumption) to the Planning Department.
28. That all existing roof-mounted equipment shall be completely screened from view and all associated
roof screening shall be refurbishedlrepainted to ensure adequate screening of all existing roof mounted
equipment.
29. That all existing landscaped areas shall be refurbished and landscaping installed in a manner
consistent with the provisions of the Code.
_3_ PC2005-77
30. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1 and 2, and as conditioned herein.
31. That within ninety (90) days from the date of this resolution, Condition Nos. 27, 29 and 30 above
mentioned shall be complied with. Extensions for further time to complete said conditions shall be
granted in accordance with Section 18.60.170 of the Anaheim Municipal Code.
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 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 Resoluticn 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.
AND BE IT FURTHER RESOLVED that the property owner/developer is;responsible for
paying all charges related to the processing of this discretionary case application within 7 days of the
issuance of the final invoice, prior to the issuance of building permits or commencement of activity for this
project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required
permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
May 2, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of
the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council
Resolution in the event of an appeal
(ORIGINAL SIGNED BY GAIL EASTMAN)
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
(ORIGINAL SIGNED BY ELEANOR MORR151
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-4- PC2005-77
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on May 2, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, KARAKI, PEREZ, VELASOUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
VACANT: COMMISSIONERS: ONE VACANCY
FN WITNESS WHEREOF, I have hereunto set my hand this day of
.2005.
(ORIGINAL SIGNED BY ELEANOR MORRIS)
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
_5_ PC2005-77
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Conditional Use Permit No. 2007-05205
Requested By: JUAN REYNOSO
107 South Adams Street
Subject Property
Date: August 6, 2007
Scale: 1" = 200'
Q.S. No. 63
10336
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Conditional Use Permit No. 2007-052D5
Requested By: JUAN REYNOSO
Subject Property
Date: August 6, 2007
Scale: 1" = 200'
Q.S. No. 63
107 South Adams Street
10336
ITEM NO.S
PLANNING COMMISSION AGENDA REPORT
City of Anaheim
PLANNING DEPARTMENT
DATE: AUGUST 6, 2007.
FROM: PLANNING DIRECTOR
SUBJECT: `CONDITIONAL USE PERMIT N0. 2007-05205
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5260
www.anaheim.nel
LOCATION:' 107 South Adams Street.
ApPLICANT/PROPERTYQWNER: Juan Reynoso
RECOMMENDATION: Staff recommends that the Commission take the following
actions:.
(a) By motion, approve a CategoricalExemption, Class 1.
(b) By resolution, approve Conditional Use Permit No. 2007-05205.
REQUEST: The applicant requests approval to permit the collecfion of a cover chazge
for an existing baz.
BACKGROUND: This property is currently developed with The Do11Hut bar and is
zoned Industrial. The General Plan designates this property and properties to the north,
east and south for Industrial land uses and the property to the west across Manchester
Avenue for General Commercial land uses.:
PROPOSAL: The applicant proposes to obtain a conditional use permit for a bar with a
cover charge: The current use is a legalnonconforming bar. In the past, the business
has obtained an entertainment permit from the. City and routinely scheduled bands and
artists to perform at the baz. The entertainment permits did not pemut the collection of a
cover charge. The$oning Code requires a conditional use permit to charge an infrance
fee. The property owner would like to charge an admission fee as a concession to the
artists who perform at the venue. Previous owners at this business have collected a
cover charge without obtaining permission from the City. The City has no record of
complaints or issues with the business as a result of the previous collection of a cover
charge.
The existing use and property are legal nonconforming. The applicantproposes to bring
the property into greater conformance with the code by paving and striping the parking
lot, constructing. a new trash enclosure, installing landscape planters adjacent to the
buildingand rehabilitating the historic structure.
Conditional Use Permit No. 2007-05205.
August 6, 2007.
Page2of2
ANALYSIS: Code permits bars with a cover charge in the Industrial zone subject to a
conditional use permit. Although the existing bar can continue without aconditional-use
permit, the introduction of a cover charge requires a conditional use'permit: The
requirement of a conditional use permit is to analyze any additional impacts of such an
operational change. Some facilities operate differently whena cover chazge is collected
and the number of people in attendance may change. The applicant has indicated that
other aspects of the operation would not' change other than the collection of a cover
charge. Because the proposal does not intensify the current use, the zoning code does
not require site improvements. The improvements proposed by the applicant will bring
the property into greater conformance with the code and greatly improve the aesthetics
of the site. Under the current owner,. the City has no record of complaints about the
business: Staff has evaluated the proposal with the Police Department and believes that
the addition of a cover charge at this location is acceptable. In addition, the site
improvements would improve the condition of the property. Therefore, staff
recommends approval of the project.
Respectfully submitted, Concurred by,
Principal Planner Planning Director
Attachments:
l: Project Summary
2. ' ' ' Police Department Memo
PROJEC'P SUR~IIVIAIt~'
Condetional Use Permit No. 2007-05205
Develo ment8tandard
_. Pro osed Pro'ect I Zone Standards
Site Area 0.2 acre N/A
Parking 6 s aces* 18 s aces
Landscaping None* ' 10 ft.
Front None* None
Side None* None
Reaz
Building Setback 10 ft.
t 3 feet, 2 inches* None
Side None
Rear
Floor Area Ratio 0.12 N/A
Unlmown, checking with 100 ft
Building Height
a licant .
These conditions were in effect prior to the adoption of current development standards
and aze legal nonconforming.
[Di2AFT]
RESOLUTION NO. PC2007-"'
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05205 BE GRANTED
(107 SOUTH ADAMS 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:
THAT PORTION OF LOTS RAND T OF BOEGE'S ADDITION TO ANAHEIM, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 3, PAGES 2
AND 3 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS
ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT "R"/THENCE WESTERLY ON THE
NORTHERLYLINE OF SAID LOT "R". 75.72 FEET, MORE OR LESS, TO THE NORTHEASTERLY
CORNER OF THAT CERTAIN LAND CONVEYED BY TIMM J.F. BOEGE TO J.M. GRIFFITH BY DEED
RECORDED IN BOOK 152, PAGE 130 OF DEEDS, RECORDS OF LOS ANGELES COUNTY,
CALIFORNIA; THENCE SOUTH ON THE EAST LINE OF SAID PARCEL 160.00 FEET TO THE
NORTHEASTERLY LINE OF THE RIGHT OF WAY OF THE SOUTHERN PACIFIC RAILROAD COMPANY;
THENCE SOUTHEASTERLY ON SAID RIGHT OF WAY LINE 187.88 FEET TO THE MOST SOUTHERLY
CORNER OF SAID LOT "T'; THENCE NORTHWESTERLY ON THE EASTERLY LINE OF SAID LOT "T"
AND "R" 288.10 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THE EAST 5 FEET OF SAID LAND AS CONVEYED TO THE CITY OF
ANAHEIM FOR STREET PURPOSES BY DEED RECORDED OCTOBER 28, 1910 IN BOOK 194, PAGE 67
OF DEEDS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
ALSO EXCEPTING THEREFROM A TRIANGULAR PORTION OF SAID LOT "T' AS CONVEYED TO THE
CITY OF ANAHEIM, FOR STREET PURPOSES BY DEED RECORDED MAY 19, 1915 IN BOOK 275,
PAGE 93 OF FEEDS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
ALSO EXCEPT THEREFROM NORTHERLY RECTANGULAR 40.25 FEET OF THE EASTERLY
RECTANGULAR 55.72 FEET OF SAID LOT "R".
ALSO EXCEPT THEREFROM THE SOUTHWESTERLY 45 FEET AS DESCRIBED IN DEED TO WM. E.
OTIS JR., TRUSTEE, RECORDED FEBRUARY 18, 1948 IN BOOK 1623, PAGE 30, OFFICIAL RECORDS,
ORANGE COUNTY, CALIFORNIA.
ALSO EXCEPT THEREFROM THE LAND DESCRIBED IN DEED TO ROBERT S. BEGOLE AND BETTY S.
BEGOLE, HUSBAND AND W IFE RECORDED MAY 8, 1958 IN BOOK 4280, PAGE 15, OFFICIAL
RECORDS OF ORANGE COUNTY, GALIFORNIA.
ALSO EXCEPT THEREFROM THAT PORTION INCLUDED W (THIN CENTER STREET, AS W IDENED. AS
SAID STREET EXISTED ON NOVEMBER 26, 1997 AS INSTRUMENT NO. 97-610486, OFFICIAL
RECORDS OF ORANGE COUNTY CALIFORNIA.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on August 6, 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; and
Cr\PC2007- -1- PC2007-
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 permit a bar with a cover charge is permitted in the Industrial
Zone subject to the approval of a conditional use permit under authority of Code Section No.
18.10.030.040.0402, (Bars and Nightclubs and Commercial Recreation -Indoor).
2. That the proposed use will not adversely affect the adjoining land uses or the growth and
development of the area because the bar is existing, and no expansion or increase is proposed. The
existing bar and proposed cover charge would be compatible with existing and surrounding land uses and
modifications and upgrades proposed to the site would enhance the visual impact of the property on
surrounding properties.
3. That the proposed bar with a cover charge would not create any additional square footage
and therefore would not adversely affect the adjoining land uses and the growth and development of the area
in which it is proposed because the size and shape of the site for the project has been adequate for the full
development of the existing use in a manner not detrimental to the particular area
4. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic ih the area because the project already
exists and no increase in square footage is proposed.
5. That the 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.
6. That *" indicated their presence at said public hearing ih opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: Planning staff has determined
that the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1
(Existing Facilities), as defined in the State CEOA, Guidelines and is, therefore, exempt from the requirement
to prepare additional environmental documentation.
NOW, THEREFORE, BE 1T 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 final building and zoning inspections or within a period of one t11 vear, the follawino
conditions shall be complied with:
1. 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 2, and as conditioned herein,
General Conditions:
2. That between the hours of 6:00 p.m. and closing and any time the premises is providing entertainment,
the operator shall provide at least 2 security personnel. Security measures shall be provided to the
satisfaction of the Anaheim Police Department to deter unlawful conduct on the part of employees or
patrons, and promote the safe and orderly assembly and movement of persons and vehicles, and to
prevent disturbance to the neighborhood by excessive noise created by patrons entering or leaving the
premises. Any and all security officers provided shall comply with all State and Local ordinances
-2- PC2007-
regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business
and Profession Code.
3. That the doors shall remain closed at all times that entertainment is permitted, except during times of entry, __
or exit, emergencies and deliveries.
4. That all entertainers and employees shall be clothed in such a way as to not expose "specified anatomical
areas" as described in Section 7.16.060 of the Anaheim Municipal Code.
5. That no one under the age of 21 shall be allowed to enter
6. That the business shall not employ or permit any persons to solicit or encourage others, directly or
indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other
profit-sharing plan, scheme or conspiracy. (Section 24200.5 Alcdholic Beverage Control Act).
7. That there shall be no exterior advertising or sign of any kind or type, including advertising directed to
the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays
of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of
this condition.
8. That the applicant shall not share any profits, or pay any percentage or commission to a promoter or
any other person, based upon monies collected as a door charge, cover charge, or any other form of
admission charge, including minimum drink orders, or the sale of drinks.
9. That there shall be no requirement to purchase a minimum number of drinks.
10. That signs shall be posted at all exits of the premises of the prohibition of alcoholic beverages from
leaving the confines of the establishment.
11. That alcoholic beverages cannot be included in the price of admission.
12. That no person under the age of 21 shall sell or deliver alcoholic beverages.
13. That there is to be no alcohol in the patio area.
14. That management shall a-mail a monthly calendar of entertainmenUBntertainers to the Vice Detail of
the Police Department.
15. 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.
16. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty-four
(24) hours from the time of discovery.
17. That adequate lighting of parking lots, driveway, circulation areas, aisles, passageways, recesses and
ground 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
onsite.
_3_ PC2007-
18. 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.
19. That extensions for further time to complete conditions of approval may be granted in accordance with
Section 18.60.170 of the Anaheim Municipal.
20. That approval of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal
regulations. Approval does not include any action or findings as to compliance or approval of the
request regarding any other applicable ordinance, regulation or requirement..
21. 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.
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
August 6, 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 maybe replaced
by a Ciry Council Resolution in the event of an appeal
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-4- PC2007-
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 August 6, 2007, by the fallowing vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, 1 have hereunto set my hand this day of
.2007.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
_5_ PC2007-
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Anaheim Police Dept
435 S. Harbor Blvd.
Anaheim, CA 93805
TEL: 714.765.1401
FAX: 714.765.1665
City of tinaheim
P®I~ICE I)EPAI~TMENT
Special Operations Division
To: Scott Koehm
Planning Department
From: Sergeant Mike Lozeau
Vice Detail pq,(/
Dater July 3, 2007
RE: CUP 2007-05205
The Doll Hut
Juan P. Reynoso
107 S. Adams Street
Anaheim, CA 92802
ATTACHMENT - ITEM N0. 5
The Police Department received an I.D.C. Route Sheet for CUP File
2007-05205. The applicant is requesting to retain their existing public
premise with wine and beer and add a cover charge.
The location is within Reporting District 1743, which has a crime rate of
6 percent above average. It is also within Census Tract 871:04. This
Census Tract has a population of 8,115 and allows for 9 on sale ABC
licenses. There are currently 7 licenses in the tract.
The Anaheim Police Department does not oppose this request. We ask
that the following conditions be placed on their Conditional Use Permit:
1. The permitted event or activity shall not create sound levels, which
violate any ordinance of the City of Anaheim. (Section 4.16.100.010
Anaheim Municipal Code)
2. Between the hours of 8:00 p.m. and closing any time the premises
are providing entertainment, the petitioner(s) shall provide at least
2 security persdnnet. Security measures shall be provided to the
satisfaction df the Anaheim Police Department to deter unlawful
conduct on the part of employees or patrons, and promote the
safe and orderly.. assembly and .movement of persons and
vehicles, and to prevent disturbance to the neighborhood by
excessive noise.. created by patrons entering or leaving the
premises.
3. Any and all security officers provided shall comply with all State and
Local ordinances regulating their services, including, without
limitation, Chapter 11.5 of Division 3 of the California Business and
Profession Code. (Section 4.16.070 Anaheim Municipal Code)
~..` _ . e ~~ n ~.
Memorandum
Scott Koehm
The Doll Hut
4. The operation of any business under this permit shall not be in
violation of any provision of the Anaheim Municipal Code, State or
County ordinance: (Section 4.15.100.010 Anaheim Municipal Cbde)
5. No dancing shall commence prior to seven (7) p.m. nor continue
beyond two (2) a.m. of the same evening (Section 4.16.060.040
Anaheim Municipal Code).
6. The number of persons attending the event shall not exceed
the maximum occupancy load as determined by the Anaheim
Fire Department. Signs indicating the occupant load shall be
posted in a conspicuous place on an approved sign near the
main exit from the room. (Section 25.114(a) Uniform Fire Code)
7. The doors shall remain closed at all times that entertainment is
permitted, except during times of entry or exit, emergencies and
deliveries. (Section 4.18.110 Anaheim Municipal Code)
8. The business shall not be operated in such a way as to be
detrimental to the public health, safety or welfare. (Section
4.18.100.010 Anaheim Municipal Code)
9. All entertainers and employees shall be clothed ih such a way as to
not expose "specified anatomical areas" as' described in Section
7.16.060 of the Anaheim Municipal Code.
10. Nc one under the age of 21 shall be allowed.
11. The business shall not employ or permit any persons to solicit or
encourage others, directly or indirectly, to buy them drinks in the
licensed premises under any commission, percentage, salary, or
other profit-sharing plan, scheme or conspiracy. (Section 24200.5
Alcoholic Beverage Contrdl Act)
12. The floor space provided for dancing shall be free of any furniture or
partitions and maintained in a smooth and safe condition. (Section
4.16.050:010 Anaheim Municipal Code)
13. Any violation of the application, or any attached conditions,
shall be sufficient grounds to revoke the permit. (Section
4.16.100.010 Anaheim Municipal Code)
14. The sale of alcoholic beverages for consumption off the premises
is strictly prohibited.
Page 2
._ o ~ .. _ --. ~
Memorandum
Scott Koehm
The Doll Hut
15. There shall be no exterior advertising or sign of any kind or type,
including advertising directed to the exterior from within, promoting
or indicating the availability of alcoholic beverages. Interior
displays of alcaholic beverages or signs which are clearly visible
to the exterior shall constitute a violation of this condition.
16. Petitioner shall not share any profits, or pay any percentage
or commission to a promoter or any other person, based
upon monies collected as a door charge, cover charge, or any
other form of admission charge, including minimum drink
orders, or the sale of drinks.
17. There shall be no requirement to purchase a minimum number of
drinks.
18. Signs shall be posted at all exits of the premises of the
prohibition of alcoholic beverages from leaving the confines
of the establishment.
19. Alcoholic beverages cannot be included in the price of admission.
20. No person under the age of 21 shall sell or deliver alcoholic
beverages.
21. There is to be no alcohol in the patio area.
22. Management shall a-mail a monthly calendar of
entertainment/entertainers to the Vice Detail attention
mmirwin(a~anaheim.net.
Please contact me at extension 1451 if you require further information.
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Conditional Use Permit No. 2007-05224
Requested By: ANAHEIM UNION HIGH SCHOOL DISTRICT
501 South Western Avenue -Western High School
Subject Property
Date: Augustfi, 2007
Scale: Graphic
Q.S. No. 5
10337
Photo: I
Conditional Use Permit No. 2007-05224
Requested By: ANAHEIM UNION HIGH SCHOOL DIST
5D1 South Western Avenue -Western High School
Sut~ject Property
Date: August 6, 2007
Scale: Graphic
Q.S. No. 5
10337
- ITEM N0.6
PLANNING COMMISSION AGENDA REPORT
200 S. Anaheim Blvd:
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5260
www.anaheim.net
City of Anaheim
PLANNING DEPARTMENT
DATE: AUGUST 6, 2007
FROM: PLANNING DIRECTOR
SUBJECT:: CONDITIONAL USE PERMIT NO: 2007-05224
LOCATION: 501 South Westem Avenue -Westem High School.
APPLICANT/PROPERTY OWNER: John Koos/ Anaheim Union High School
District.
RECOMMENDATION: Staff recommends that the Commission take the following.
actions:.
(a) By motion, approve a CEQA Categorical Exemption, Class 3.
(b) By resolution, approve Conditional Use Permit No. 2007-05224.
REQUEST: The applicant requests approval to construct a telecommunications facility
disguised as a flag pole with accessory ground-mounted' equipment.
BACKGROUND: Westem High School is located within the Transition (T) zone. The
General Plan designates this property for school uses. Properties to the east and west aze
designated foz• Low Density Residential land uses and properties to the north and south
are designated for Medium Density Residential land uses.
PROPOSAL: The applicant proposes to construct a 70-foot tall telecommunications
facility disguised as a flag pole.. A total ofsix (6) antennas are proposed at the top of
the flag pole. Plans indicate the flag pole would be 1.5 feet in diameter. The antennas
would be mounted within the interior of the flag pole and enclosed with a cover
:matching the flag pole: The'antenna panels would be completely hidden within the
cover.
The facility would be located at the northeastern portion of the school, adjacent to the
track and field azea. A 216-square foot equipment shelter is located adjacent to the flag
pole. The attached project summary chart provides details of the proposal.
ANALYSIS: Telecommunications facilities and antennas are permitted in the
Transition zone subject to the approval of a conditional use permit. Code requires the
design of wireless communication facilities to minimize visual impacts. The proposed
facilitywould blend in with the surrounding recreational facilities of the school as it is
CONDITIONAL USE PERMIT N0.2007-05224
August 6, 2007
Page 2 of 2
not unusual for a flag pole to be constructed adjacent to recreational fields. Furkhermore;
the proposed facility would be located 975 feet from Orange Avenue, which helps
minimize its visibility. Therefore, staff recommends approval of the proj ect.
Respectfully submitted, „ Concurred by,
r ~~F~ ,' Lei, s_-t"I l,~Ll .1 `. ~l,a•1~,4'"~f
Principal Plannef Planning Director
PROJECT 5LIMMAR~'
CUP2007-05224
IDevelo the®t Sta®dard Pro osed ~ro'ect T zone standards
Site Area 37.4 N/A
Building Setbacks Adiacent to: Feet
Western Avenue 980 25
Orange Avenue 975 25
Interior 5 (equipment) 5*
116 (flag ole)
*For telecommunications facilities.
[D R~.FT]
RESOLUTION NO. PC2007--"'
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05224 BE GRANTED
(501 SOUTH WESTERN 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:
THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, SAN BERNARDINO
BASE AND MERIDIAN; CONTAINING 40 ACRES MORE OR LESS.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on August 6, 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; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself
and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find
and determine the following facts:
1. That the proposed use is prdperly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section No. 18.14.030.040.0402 (Antennas -Telecommunications- Stealth
Ground-mounted).
2. That the proposed telecommunications facility disguised as a flag pole would not adversely
affect the adjoining land uses and the growth and development of the area in which it is proposed to be
located.
3. That the size and shape of the site is adequate to allow full-development of the request in a
manner not detrimental to the particular area nor to the health and safety as the telecommunication facility
disguised as a flagpole would minimize visibility from surrounding properties.
4. That because this is an unmanned facility with infrequent maintenance, the traffic generated
by the proposed use will not, under the conditions imposed, impose an undue burden upon the streets and
highways designed and improved to carry the traffic in the area
5. That granting this conditional use permit will not, under the conditions imposed, be
detrimental to the health and safety of the citizens of the City of Anaheim and that the use will contribute to
an essential and effective wireless communications network system:
6. That "' indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: Planning staff has determined
that the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 3 (New
Construction), 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
Cr\PC2007- -1- PC2007-
found to be a necessary prerequisite to the. proposed use of the subject property in order to preserve the
health and safety of the Citizens of the City of Anaheim:
1. That this telecommunications facility disguised as a flag pole shall be limited to a maximum of sik (6)
panel antennas enclosed within the pole and accessory ground-mounted equipment. No additional
antennas or equipment cabinets shall be permitted without approval from the City. Said information
shall be specifically shown on plans submitted for building permits.
2. That the walls of the ground-mounted enclosure shall be protected from graffiti opportunities by the use
of plant materials such as a minimum 1-gallon size clinging vines planted on a maximum 3-foot centers
or tall shrubbery. Said information shall be specifically shown on plans submitted for building permits.
3. That all equipment, including supply cabinets and power meter shall be screened from the public right-
of-way. In addition, the cable connecting the equipment shall be underground and shall not be visible
to the public. Said information shall be specifically shown on plans submitted for building permits.
4. That any required relocation of City electrical facilities shall be at the applicant's expense. Landscape
andlor landscape screening of all pad mounted equipment shall be required and shall be specifically
shown on plans submitted for building permits.
Prior to final building and zoning :inspections the following conditions shall be comalied with:
5. That before activating this facility, the Operator shall submit apost-installation test to confirm that the
facility does not interfere with the City of Anaheim's Public Safety radio equipment. This test shall be
conducted by the Communications Division of the Orange County Sheriffs Department or a Division
approved contractor at the expense of the Operator.
6. That the Operator shall provide a 24-hour telephone number to the Planning Services Division (to be
forwarded to the Fire and Police Departments) to which interference problems maybe reported, and
shall resolve all interference complaints within 24 hours.
7. 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 5, and as conditioned herein.
General Conditions:
8. That the Operator shall ensure that the facility's installation and choice of frequencies will not interfere
within the 800 MHz radio frequencies required by the City of Anaheim to provide adequate spectrum
capacity for public safety and related purposes.
9. That the Operator shall ensure that any of .its contractdrs, sub-contractors or agents, or any other user
of the facility, shall comply with the terms and conditions of this permit.
10. That should this telecommunications facility be sold, the Planning Services Division shall be notified
within 30 days of the close of escrow.
11. That the portion of the property being leased to the telecommunications carrier 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.
-2- PC2007-
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
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
August 6, 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 August 6, 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
.g_ PC2007-
1vo. i
RCL 61-6Z-2B"
CUP 158
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Conditional Use Permit No. 2007-05184
TRACKING NO. CUP 2007-05232
Requested By: ROMAN CATHOLIC BISHOP OF ORANGE
1450 East La Palma Avenue - St. Anthony Claret Church
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Date: August 6, 2007
Scale: 1" = 200'
Q.S. No. 92
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Conditional Use Permit No. 2007-05184
TRACKING NO. CUP 2007-05232
Requested By: ROMAN CATHOLIC BISHOP OF ORANGE
1450 East La Palma Avenue - St. Anthony Claret Church
Subject Property
Date: August 6, 2007
Scale: 1" = Z00'
Q.S. No. 92
10338
July 2005
ITEM N0.7
PLANNING COMMISSION AGENDA REPORT
City of Anaheim
PLANNING DEPARTMENT
DATE: AUGUST 6, 2007
FROM: PLANNING DIRECTOR
SUBJECT: 'CONDITIONAL USE PERMITNO. 2007-05184
'' (TRACKING NO. CUP2007-05232)`
LOCATION: This 8.2-acre property is identified as 1450 Easf La Palma Avenue.
APPLICANT/PROPERTY OWNER: St: Anthony Clazet Church.
RECOMMENDATION: Staff recommends that the Commission take the following
actions:
(a) ' By motion, approve a CEQA Negative Declaration (previously-approved).
(b) By resolution, deny amendment to Conditional Use Perinit No' 2007-05184
(tracking no. CUP2007-05232).
REQUEST: The applicant requests approval to amend apreviously-approved
conditional use pemut to construct new pazking lot. lighting at an existing church and
school facility with waiver of code provisions limiting parking lot lighting height
adjoining residential properties.
BACKGROUND: This property is developed with a church and school facility and is
located within the Transition (T) zone. The General Plan designates this property and
the properties to the north across La Pahna Avenue, west and south for Low Density
Residential land uses, and the properties to the east for Medium Density Residential land
uses.
Conditional Use Permit No. 2007-05184, a request to permit two modular buildings for
classrooms of an existing parochial school, was approved by the Commission on Mazch
19, 2007. As a part of this permit, the Commission imposed conditions of approval
requiring lighting in the parking lot and limiting the height of the light poles to a
maximum of 12 feet as required by code. The church and school were originally
established in 1961, prior to the requitement for a conditional use permit.
PROPOSAL: The applicant proposes to install six, 22-Foot high light poles in the
sw
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n westerly pazking lot adjacent to single family homes in the Single-Family Residential
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sate #tsz (RS-2) zone. Code permits maximum 12-foot high light polesadjacent to single family
Ananeim, CA 92805
Tel: (7t4) 765-5139 reSldOnttal ro erties. The a licant's letter indicates that 22-foot high light poles aze
P P PP
Fax: (714) 768-526U
aww.anaheim.net
CONDITIONAL USE PERMIT N0.2007-05184
August 6, 2007 :
Page2of2
being proposed in order to minimize the number of poles needed to comply with Code.
According to the applicant, a total of 33, 12-foot highlight poles would be needed to "
comply with code. If the 22-foot high poles aze used, 6 would be required: Two light
poles would be set back 44 feet from the property line of the single familyhomes; two
additional light poles would be located 88 feet from the property line; and the remaining
two'poles would be located adjacent to the church building:
The applicant submitted a photometric plan indicating an illuminafion range'of 1 to 9
footcandles in the parking lot and 0 footcandles at the single family residences to the
west: There aze no Gode standazds pertaining to the maximum number of footcandles
allowed; however, 1 to 9 footcandles could cause a moderate light intrusion on the
residences to the west.
ANALYSIS: The: applicant proposes one code waiver for permitted height of parking
lot lights. Even though the photometric plan shows an illumination of 0 footcandles on
the single. family residential properties to the west, staff is concerned about 22-foot high
light poles in close proximity to these homes. A 5-foot high block wall separates the
church and single family homes, and the glaze from tall light poles would be visible from
the neighbors' homes. A tall light source adjacent to single-story;homes increases the
chances of light intrusion when the resident is looking out the window.. Therefore, staff
recommends denial of this request.
Respectfully submitted, Concurred by,
Cdr( ~~ `~-~ ~~~,,,.~.~u'~
Pnnclpal Planner Planning Director
Attachments•
1. Justification of Waiver Form
2. Original Flanning Commission Resolution
[D12AFTj
RESOLUTION NO. PC2007--"'
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION TO AMEND CONDITIONAL USE PERMIT NO. 2007-05184
(TRACKING NO. CUP2007-05232) BE DENIED
(1450 EAST LA PALMA AVENUE - ST. ANTHONY CLARET CHURCH) '
WHEREAS, on March 19, 2007, the Anaheim Planning Commission, by its Resolution No.
PC2007-21 approved Conditional Use Permit No. 2007-05184 to permit two modular buildings for
classrooms at an existing parochial school located at 1450 East La Palma Avenue; and
WHEREAS, said Resolution No. PC2007-21 includes the following condition of approval:
"2 That any proposed parking lot lighting shall be limited to a maximum height of 12
feet and directed away from the adjacent single-family residences to the west "
WHEREAS, this property is currently developed with a church, the underlying zoning is
Transition (T); the Anaheim General Plan designates this property for Low Density Residential land uses;
and
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California
described as:
THAT PORTION OF LOT TWO OF TRACT NO. 153, AS SHOWN ON A MAP
RECORDED IN BOOK 11, PAGE 46 OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHWESTERLY PROLONGATION.
OF THE WEST LINE OF SAID LOT TWO WITH THE CENTER LINE OF LA PALMA
AVENUE (FORMERLY NORTH STREET), AS SHOWN ON SAID MAP; THENCE
SOUTH 89° 50' 30" EAST ALONG THE CENTER LINE OF SAID LA PALMA AVENUE,
A DISTANCE OF 399.85'FEET; THENCE SOUTH 15° 08' 30" EAST 352.96 FEET;
THENCE NORTH 800 43'.15"EAST 197.48 FEET TO THE WESTERLY LINE OF
LAND DESCRIBED IN DEED TO JAMES WETFON AND WIFE, RECORDED APRIL
10`", 1928 IN BOOK 148, PAGE 389 OF OFFICIAL RECORDS; THENCE SOUTH 16°
41' 50" EAST 377.96 FEET ALONG SAID WESTERLY LINE TO THE SOUTH LINE OF
SAID LOT TWO; THENCE SOUTH 740 13' 30"WEST 564,80 FEET TO THE
SOUTHWEST CORNER OF SAID LOT TWO; THENCE NO^TH 17°
01' 00"WEST 86 1,42 FEET TO THE POINT OF BEGINNING.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on August 6, 2007, at 2:30 p.m., notice of said public hearing having been duly given as
required bylaw and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to
hear and consider evidence for and against said proposed conditional use permit and to investigate and
make findings and recommendations in connection therewith; and
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 amend apreviously-approved conditional use permit to permit
two modular buildings for classrooms at an existing parochial school to construct parking lot lighting with the
following waiver is authorized by the Anaheim Municipal Code Section 18.14.030.040:0402 (Community &
Religious Assembly):
Cr\PC2007- -1- PC2007-
SECTION NO. 18.14.030.010 Parking lot lighting height adioining
residential properties. 12-foot high light
poles permitted; 22-foot high light poles------
proposed)
2. That the proposed 22-foot high light poles would clearly be visible from the adjacent
residential properties and may have an adverse impact on said properties.
3. That there are no exceptional or extraordinary circumstances or conditions applicable to the
subject 8-acre property involved or to the intended use of the property that do not apply generally to the
property or class of use in the same vicinity and zone.
4. That strict application of the Zoning Code would not deprive the property of privileges
enjoyed by other properties with identical zoning in the vicinity.
5. That "' indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal and does hereby find that the Negative Declaration previously
approved in connection with Conditional Use Permit No. 2007-05184 is adequate to serve as the required
environmental documentation in connection with this request.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby deny subject Petition for conditional use permit on the basis of the aforementioned findings.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
August 6, 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
-2- PC2007-
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 August 6, 2007, by the following vote of the members thereof:
AYES: COMMISS}ONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this day of
2007.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
_3_ PC2007-
Attachment -item No. 7
secnorla
PETTTIONER'S STATEMENT OF
JUSTIFICATION FOR VARLINCE/CODE WAIVER
(NOT REQUIRED FOR PARKING WAIVER)
REQUEST FOR WAIVER OF CODE SECTION:
(A separate statement is required for each Code waiver)
PERTAINING TO:
Secfions 18.03.040.030 and 18.12.Ofi0 of the Anaheim Municipal Code require that before any variance or Code waiver may be
granted by the Zoning Administrator or Planning Commission, the following sball be shown:
That there are special circumstances applicable m the property, including siu, shape, topography, location or
surooundiogs, which do not apply to other properly 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 deteradne if such special circumstances exist, and m assist [he Zoning Administrator or Planoing 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 additiooal space, you may attach additional pages.
Are there special circumstances that apply to the property in matters such as siu, shape, topography, location or
surroundings? x Yes _ No.
if your answer is "Yes," describe the
Having 33 Holes vs.
Our parking lot is long and narrow.
reauce
2. Are the special circumstances that apply m the property different tram other properties in the vicinity which are in the
same zone as your property? x Yes _ No
We're a Church and we can work
ff your answer is "yes, describe how dte property is differeo
with our neighbors to prevent lig~t rom spi ing o exr nrooer
after installation.
3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring
properties located within the snore zone? x Yea _No
If your answer if "yea," describe the special cirqumstan es:
~ja' hbor'ne Properties en,7oy tr}le privelege of taller light bulbs.
4. Were the special circumstances created by causes beyond the control of the property owner (or previous property
owners)? x Yes _ No
EXPLAIN: We're a neighborhood Church and we need to be among
our pares loners an not in a commercaa can er.
The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be
approved which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone
//~which is not otherwise expressly authorized by zone regulations governing subject property. Use variances are not pemdited.
Signature of Property Owner or Authorized Agent Date
CONDTTIONAL USE PERMIT/VARTt1NCE NO.
37625V7ECEMBER I2, 2000
Attachment -Item Plo. 7
RESOLUTION NO. PC2007-21
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0.2007-05184 BE GRANTED
(1450 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:
THAT PORTION OF LOT TWO OF TRACT NO. 153, AS SHOWN ON A MAP
RECORDED IN BOOK 11, PAGE 46 OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHWESTERLY PROLONGATION
OF THE WEST LINE OF SAID LOT TWO WITH THE CENTER LINE OF LA PALMA
AVENUE (FORMERLY NORTH STREET), AS SHOWN ON SAID MAP; THENCE.
SOUTH 89° 50' 30" EAST ALONG THE CENTER LINE OF SAID LA PALMA AVENUE,
A DISTANCE OF 399.85 FEET; THENCE SOUTH 15° OB' 30" EAST 352.96 FEET;
THENCE NORTH 800 43" 15" EAST 197.48 FEET TO THE WESTERLY LINE OF'
LAND DESCRIBED IN DEED TO JAMES WETFON AND WIFE, RECORDED APRIL
10~', 1928 IN BOOK 148, PAGE 389 OF OFFICIAL RECORDS; THENCE SOUTH 16°
41' S0" EAST 377.96 FEET ALONG SAID WESTERLY LINE TO THE SOUTH LINE OF
SAID LOT TWO; THENCE SOUTH 740 13' 30"WEST 564,80 FEET TO THE
SOUTHWEST CORNER OF SAID LOT TWO; THENCE NORTH 17°
01' 00" WEST 86 1,42 FEET TO THE POINT OF BEGINNING..
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center In the
City of Anaheim on March 19, 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; 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 permit two modular buildings for classrooms at an existing
parochial school is properly one for which a conditional use. permit is authorized by Anaheim Municipal Code
Section 18.14.030.080 (Temporary Modular Units) with the following waiver.
SECTION NO. 18.42.040.010 Minimum number of parkinq spaces
(424 required; 335 proposed)
2. That the parking waiver is hereby approved based upon sparking-demand study prepared
by Rafiq & Associates, the City's Traffic and Parking Consultant, providing evidence that adequate parking
exists on the property for the existing church and expanded school facility.
3. That the parking waiver, under the conditions imposed, if any., will not cause fewer off-street
parking spaces to be provided for the church., school and accessory operations than the number of such
spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonable
foreseeable conditions of operation of the church, school and accessory operations because the parking
study indicates that the peak parking demand for off-street parking spaces is lower than the quantity
provided for the project site (269 spaces needed and 335 spaces proposed).
Cr\PC2007-21 -1- PC2007-21
4. That the parking waiver, under the conditions imposed, if any, will not increase traffic
congestion and will not increase the demand and competition for parking spaces upon the public streets in
the immediate vicinity of the use because the church and school will have adequate parking to accommodate -
the project's peak parking demands.
5. That the parking waiver, under the conditions imposed., will not increase the demand and
competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use
because as indicated in the parking study, adequate parking to accommodate the anticipated project peak
parking demand will be provided on-site.
6. That the parking waiver, under the conditions imposed if any, will not impede vehicular
:ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the
proposed use because the project site is physically separated from adjacent private properties. Furthermore,
it has been determined by the parking study that adequate on-site parking spaces are being provided.
7. That 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 as the parking study has demonstrated that the site can
accommodate the combined uses on site;
8. That the granting of the conditional use permit under the conditions imposed, if any, will not
be detrimental to the health and safety of the citizens of the City of Anaheim.
9. That a person spoke with concerns pertaining to the subject site. That no one indicated their
presence at said public hearing in opposition; and that no correspondence was received in opposition to the
subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to permit two modular units for classroom use; and does hereby
approve the Negative Declaration upon finding that the declaratlor refiectsthe independent judgment of the
lead agency and that it has considered the Negative Declaration together with any comments received
during the public review process and further finding on the basis of the initial study and any comments
received that there is no substantial evidence that the project will have a significant effect on the
environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby
found to be a necessary prerequisite to the proposed use of the subject properly in orfer to preserve the
safety and general welfare of the Citizens of the City of Anaheim:
Prior to issuance of a building permit or within a period of one (11 year from the date of this
resolution, whichever occurs first, the following conditions shall be complied with:
1. That church staff shall ensure that all parking lots are sufficiently illuminated, monitor the parking lots
to ensure that congregants are parking in marked stalls and direct vehicles to park on-site rather
than within the surrounding neighborhoods.
2. That any proposed parking lot lighting shall be limited to a maximum height of 12 feet and directed
away from the adjacent single-family residences to the west.
3. That the school be limtted to a total of seventeen (17) classrooms. Said information shall be
specifically shown on plans submitted for building permits.
4. That all requests for new water services or fire lines, as well as any modifications, relocations, or
abandonment's of existing water services and fire lines, shall be coordinated through Water
Engineering Division of the Anaheim Public Utilities Department.
-2- PC2007-21
5. That any required relocatipn of City electrical facilities shaft be at the developer's expense.
6, That the legal owner pf subject property shall provide the City of Anaheim with a public utilities
easement (dimensions will vary with electrical design) alonglacross high voltage lines, low voltage
lines crossing private property and around all pad mounted transformers, switches capacitors; etc.
Said easement shall be submitted to the City of Anaheim prior to connection of electrical service.
7. That the locations for future above-ground utility devices including, but not limited to, electrical
transformers, water backflow devices, gas, communications and cable devices, e[c., 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.).
Prior to final buildino ahd zoning inspections the followino conditions shall be complied with:
8. That the applicant shall obtain any necessary building permits and shall obtain Building Division
clearance for the modular units.
9. 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:
10. That separate services and/or events shall not be held simultaneously within the sanctuary and.
assembly hall resulting in an increase in parking demand.
11. That this school and religious institution shall operate consistent with assumptions contained in the
approved parking study. If at any such time the operational characteristics of the church change, a
detailed descdption of the operational changes shall be submitted for review by the City's Traffic and
Parking Consultant to determine ff the changes would cause fewer off-street parking spaces to be
provided than the number of spaces provided on site. If it is determined the expected demand is
greater than the spaces provided on site, an application for modification of the conditional use permit
shall be submitted to the Planning Services Division for approval by the Planning Commission.
12. 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.
13. That approval of thls_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.
14. That timing for compliance with conditions of approval may be amended by the Planning Director
uppn a showing of gopd 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.
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
ell 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.
_3_ PC2007-21
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
March 19, 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
ORIGINAL SIGNED BY GAIL EASTMAN
CHAIRMAN, ANAHEIM PLANNING COMM SSION
ATTEST:
(ORIGINAL SIGNED BY ELEANOR MORRIS)
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on March 19, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, KARAKI, ROMERO, VELASOUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this day of
_,2002
(ORIGINAL SIGNED BY ELEANOR MORRISI
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-4- PC2007-21