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Anaheim Planning Commission Agenda - 2:30 P.M.
Public Comments:
This is an opportunity for members of the public to speak on any item under the
jurisdiction of the Anaheim Planning Commission or public comments on agenda items
with the exception of public hearing items.
Consent Calendar:
The items on the Consent Calendar will be acted on by one roll call vote. There will be
no separate discussion of these items prior to the time of the voting on the motion
unless members of the Planning Commission, staff or the public request the item to be
~ discussed and/or removed from the Consent Calendar for separate action.
Reports and Recommendations
None
Minutes
1A. Receiving and approving the Minutes from the Planning
Commission .Meeting of March 17, 2008. (Motion)
NOTE: Meeting minutes have been provided to the Planning, Commission and are
available for review at the Planning Department.
03/31 /08
Page 2 of 8
Public Hearing Items:
ITEM NO. 2
Agent: Planning Department
City of Anaheim
200 South Anaheim Boulevard
Anaheim, CA 92805
Location: Citywide
City-initiated request (Planning Department) to amend
various sections of Title 18 "Zoning" of the Anaheim
Municipal Code to establish maximum size requirements for
flags and banners, to modify and clarify non-residential
parking requirements as shown in Table 42-A , to establish
maximum height of logos .and trademark symbols for wall
signs, to add provisions for reconstruction of non-conforming
qualified historic structures in adopted Historic Districts to
modify provisions related to prohibited locations of Second
Residential 'Units, to modify irrigation requirements far
required landscaping to amend Chapter 18.92 "Definitions",
and to modify procedures to process appeals for public
hearing items.
Continued from the March 3, 2008 Planning Commission
meeting.
Resolution No.
Project Planner:
Cheryl Flores
cflores@anaheim.net
03/31 /08
Page 3 of 8
ITEM NO. 3
GEQA NEGATIVE DECLARATION,
RECLASSIFICATION NO. 2007-00214, Resolution No,
TENTATIVE PARCEL MAP NO. 2005-285 AND Resolution No.
VARIANCE NO. 2007-04745 Resolution-No.
Owner: Dale Street Property, LLC
8191 Kaiser Boulevard
Anaheim, CA 92808
Applicant: Phil Bennett
8191 Kaiser Boulevard
Anaheim, CA 92808
Location: 717 South Dale Street: Property is
approximately .74 acre, having a frontage of 189
feet on the west side of Dale Street
approximately 130 feet north of Stonybrook Drive.
Request to subdivide the property to establish a 4-lot, 4-unit Project Planner:
single-family detached :residential subdivision. This project Scott Koehm
requires apprpval of the following actions: Reclassification skoenm@anaheim.net
No. 2007-00214 -reclassification of the subject property
from the Transition (T) zone to the Single-Family Residential
(RS-3) zone; Tentative Parcel Map No. 2005-285 - to
establish a 4-lot, 4-unit detached residential subdivision; and
Variance No. 2007-04745 - to permit a lot depth that is less
than required by Code.
03/31 /OS
Page 4 of 8
ITEM NO. 4
CEQA CATEGORICAL EXEMPTION, CLASS 11, AND
VARIANCE NO. 2008-04747 Resolution No.
Owner: Target Corporation
1000 Nicollet Mall
Minneapolis, MN 55403
Applicant: Swain Sign Incorporated
1384 East Fifth Street
Ontario, CA 91764
Location: 101 South Euclid Street: Property is
.approximately 10.4 acres, located at the
southwest corner of Euclid Street and Lincoln
Avenue (Target).
Request to install wall and monument signs at a Target store with Project Planner.•
the wall signs having a larger sign area and greater letter height Kim wong
than allowed by code and the monument signs taller and wider kwong2@anaheim.net
than allowed by code and with a larger sign area and less distance
between monument signs than allowed by code.
ITEM NO. 5
CEQA CATEGORICAL EXEMPTION CLASS 1 AND
CONDITIONAL USE PERMIT NO. 2008-05301
WITH WAIVER OF A CODE REQUIREMENT Resolution No.
Owner: Patrick McLaughlin and Dennis Riff
Advanced Clinical Research Institute
1211 West La Palma Avenue, Suite #303
Anaheim, CA 92801
Applicant: Rick Blomgren,
18652 Florida Street, Suite #200
Huntington Beach, CA 92844
Location: 1085 North Harbor Boulevard: Property is
approximately 0:87 acre, having a frontage of 78
feet on the west side of Harbor Boulevard,
approximately 156 feet south of the centerline of
Romneya Drive.
Request to :permit a clinical research facility and institute to Project Planner:
conduct medically supervised clinical trials of pharmaceutical Darrell Gentry
products on paid study volunteers with overnight stays within dgentry@ananeim.net
an existing medical office building and to permit fewer parking
spaces than required by code.
03/31 /08
Page 5 of 8
ITEM NO. 6
CEQA CATEGORICAL EXEMPTION CLASS 1 AND
CONDITIONAL USE PERMIT NO. 2008-05302 Resolution No.
Owner: Paul Shinil Lee
Inter-Ocean Trade Corp
2601 Greenhill Drive
Fullerton, CA 92833-2025
Applicant: Fernando Echandi
2500 West Lincoln Avenue, #5
Anaheim, CA 92801
Location: 2500 West Lincoln Avenue: Property is
approximately 1.62 acres, located at the
southeast corner of Lincoln Avenue and Gain
Street.
Request to include a cover charge for an existing restaurant . Project Ptanner.•
with entertainment and sales of alcoholic beverages (Costa Darren Gentry
Rica Restaurant). dgentrvCa)anaheim.net
Adjourn To Monday, April 14, 2008 at 1:00 P.M.
for Preliminary Plan Review
03/31 /08
Page 6 of 8
CERTIFICATION OF POSTING
I hereby certify that a complete copy of this agenda was posted at:
2:00 p.m. March 27. 2008
(TIME) (DATE)
LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK
SIGNED: (Original signed by Grace Medina)
If you challenge any one of these City of Anaheim decisions in court, you may be
limited to raising only those issues you or someone else raised at the public hearing
described in this notice, or in a written correspondence delivered to the Planning
Commission or City Council at, or prior to, the public hearing.
RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION ACTION
Any action taken by the Planning Commission this date regarding Reclassifications,
Conditional Use Permits and Variances will be final 22 days after Planning Commission
action and any action regarding Tentative Tract and Parcel Maps will be final 10 days
after Planning Commission action unless a timely appeal is fixed during that time. This
appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in
an amount determined by the City Clerk.
The City Clerk, upon filing of said .appeal in the Clerk's Office, shall set said petition for
public hearing before the City Council at the earliest possible date. You will be notified
by the City Clerk of said hearing.
ANAHEIM PLANNING COMMISSION
In compliance with the American with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the Planning Department, (714) 765-5139.
Notification no later than 10:00 a.m. on the Friday before the meeting will enable the
City to make reasonable arrangements to ensure accessibility to this .meeting.
Recorded decision information is available 24 hours a day by calling the Planning
Department's Automated Telephone System at 714-765-5139.
03/31 /08
Page 7 of 8
SCHEDULE
2008
April 14
April 28
May 12
May 28 (Wed)
June 9
June 23
July 7
July 21
August 4
August 18
September 3 (Wed)
September 15
September 29
October 13
October 27
November 10
November 24
December 8
December 22 (Cancelled)
03/31 /08
Page 8 of 8
Ifem 2
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DRAFT ATTACHMENT NO. 2
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING VARIOUS CHAPTERS OF TITLE 18OF THE
ANAHEIM MUNICIPAL CODE RELATING TO
ERRORS, OMISSIONS, CLARIFICATIONS AND UPDATES
(ZONING CODE AMENDMENT 200$-00064).
WHEREAS, on June 8, 2004, the City Council adopted Ordinance No.
5920 to amend Title 18 of the Anaheim Municipal Code in its entirety for the purpose of
implementing the Land Use Element of the new General Plan, updating the land uses and
development standards, modifying the Zoning Code format to make it easier to find land
use and development information; and assuring that the Code complies with State statutes
and other applicable laws; and that said amendment was designated as Zoning Code..
Amendment No. 2004-00029; and
WHEREAS, pursuant to Chapter 18.76 of the Anaheim Municipal Code,
provisions of Title 18 may be amended to enhance and preserve the general welfare when
adopted by an ordinance of the City Council in the manner prescribed bylaw; and
WHEREAS, the Anaheim City Planning Commission, having reviewed
the Zoning Code Amendments initiated by the Planning Director, and having considered
the evidence submitted in the Staff Report to the City Planning Commission dated March
3, 2008, pertaining to said amendments, did recommend, by its Motion, that the City.
Council approve Zoning Code Amendment No. 2008-00064; and
WHEREAS; pursuant to the provisions of the California Environmental
Quality Act ("CEQA") on May 25, 2004, the Anaheim City Council, by its Resolution.
No. 2004-94, did certify Final Environmental Impact Report No. 330 and determine that
said Final Environmental Impact Report No. 330 fully complies with CEQA, reflects the
independent judgment of the City Council, and was adequate to serve as the
environmental documentation for Zoning Code Amendment No. 2004-00029 .and for
future discretionary actions described in Environmental Impact Report No. 330 including
follow-up actions to correct or otherwise clarify the updated Zoning Code adopted in
connection with Zoning Code Amendment No. 2004-00029, such as the proposed Zoning
Code Amendment No. 2008-00064; and.
WHEREAS, the Planning Commission makes recommendations to the
City Council regarding Zoning Code amendments; and.
WHEREAS, the City Council desires to amend Title 18 of the Anaheim
Municipal Code to further implement the General Plan and to enhance and preserve the.
general welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ANAHEIM HEREBY ORDAINS AS FOLLOWS:
SECTION 1.
That subsection .060 of Section 18.38.230 of Chapter 18.38 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".060 Prohibited Locations. Second Units are not permitted in any area of the
City identified, by resolution of the Planning Commission and/or City Council, as being
significantly impacted by insufficient capacity For sewers, traffic circulation, public
utilities or similar infrastructure needs.
.0601 Discretionary Exemptions. The City Engineer may grant exemptions from
all. or any portion of the requirements imposed by subsection .060 of this section. Before
any such exemption is granted by the City Engineer, it shall be shown that planned and
budgeted capital improvement projects to relieve the insufficient capacity for the affected
sewers, traffic circulation, public utilities or similarly required infrastructure in the said
area will be potentially completed by the time the proposed second unit is ready for
occupancy."
SECTION Z.
That subsection .040 of Section 18.38.240 of Chapter 18.38 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:.
".040 Flags and Banners. All flags and banners that are visible to the public
shall be subject to this section and shall at all times be maintained in good and attractive
condition and removed prior to deterioration. Unless otherwise regulated by the
following subsections, banners shall not be displayed in a required setback area, in any
landscape area or on any fence and must be attached to and parallel with the face of the
building for which the banner is intended and secured at all four corners of the banner.
The maximum area per banner shall be thirty-six (36) square feet:
.0401 Grand Opening Banners. Grand opening banners for new businesses may
be allowed, subject to a special event permit. These banners maybe displayed for the
first thirty (30) days in connection with a new structure or operation of a new business.
Not more than one (1) banner is allowed per street frontage or one (1) per elevation,
limited to a maximum of two (2) on the property. A grand opening does not count
toward the annual limit of special event permits regulated by subsection 18.38.240.030.
.0402 Promotional Banners. Promotional banners advertising sales and
promotions maybe allowed, subject to a special event permit.
2
.0403 Seasonal Banners. Seasonal pageantry banners with no advertising maybe
allowed, subject to a special event permit, provided they are mounted on light poles
within shopping centers that have a minimum of one thousand (1,000) parking spaces, or
two hundred thousand (200,000) square feet of business space. The banners. shall be
mounted in a vertical alignment with an area no greater than six (6) square feet, with no
more than one banner per pole, except that two (2) banners maybe on one pole if their
total area is not greater than six (6) squaze feet. Seasonal banner displays shall be limited
to fourteen (14) days maximum at any one time, and no more than four (4) times per
year. Banners may include decorative designs and or the name of the commercial center,
but shall not include the name of any individual business or product.
.0404 Service-Bay Banners. Banners across service bays in auto repair facilities,
service stations, and similar uses require a special event permit if visible to the public
right-of--way. The maximum area per banner shall be twenty-four (24) square feet.
.0405 Public Construction Project Banners. A banner maybe allowed, subject to
a special event permit, for a commercial retail business in any zone where the applicant
for such permit can demonstrate that a public road or utility construction project has had
the effect of blocking visibility to permanent signage identifying the business and/or
vehicular access to said business. Approval of the permit shall be subject to the following
provisions:
.O1 The permit shall be limited to one (1) banner., not to exceed t~wertty-
€eur-(24~ thirty-six (36) square feet in area;
.02 The banner shall advertise only the name of the business and, if the:
public project has blocked vehiculaz access, directions for access to the business;
.03 The banner shall be removed upon removal of barriers blocking
visibility and/or vehicular access; and
.04 Only one (1) special event permit is required for the duration of the
construction project.
.0406 Flags or Banners in Residential Zones. The temporary display of flags and
banners in all residential zones maybe allowed, subject to a special event permit,.
provided such display shall be limited to advertising the sale of residential units in new
subdivisions and the initial rent or lease of apartment units. The display shall be subject
to the following provisions.
.O1 No more than two (2) flags or one (1) banners, or combination thereof,
shall be permitted for each model home or apartment in any new residential subdivision,
new apartment or new condominium project; provided, however, that not more than ten
(10) total flags or banners, or combination thereof, shall be permitted or displayed for any
such project or development.
3
.02 No flag or-oa;~r shall exceed twelve (12) square feet in area or six
(6) feet in any one dimension. The maximum area for a banner is 0.5 square feet per
lineal foot of building frontage facing the street or seventy-five (75) square feet per
building, whichever is less.
.03 All flags .and banners shall be placed on ground-mounted poles not
exceeding twenty (20) feet in height or, if attached to a building, shall not exceed the
height of the highest portion of that building. Flags and banners shall not be placed on
the roof.
.04 All permits issued pursuant to this subsection shall terminate six (6)
months after the date of issuance. A total of four (4) permits maybe granted to advertise
new for-sale residential tracts and new condominium complexes; and a total of one (1)
permit maybe granted to advertise new rental apartment complexes unless an extension
thereof is granted by the Zoning Administrator upon a showing of special circumstances
applicable to the project, as authorized by Section 18.62.050 (Special Event Permits). All
flags and banners shall be removed from the premises once all for-sale units have been
sold, regardless of the time remaining on the permit:
.0407 Banner in conjunction with a Tent. A single banner may be placed on a tent
authorized by a special event permit, provided such banner is not placed on top of the
tent.
.0408 Banners in conjunction with a Business Name Change. Banners shall be
allowed by special event permit for the covering of a permanent sign with a banner in the
event of a business name or ownership change during the interim period when a new
permanent sign has not been installed. Such banners shall be permitted for a period of no
longer than sixty (60) days and shall not count towards [he annual limit of special event
permits regulated by subsection 18.38.240.030."
SECTION 3.
That Table 42-A (Non-Residential Parking Requirements) of subsection .020 of
Section 18.42.040 of Chapter 18.42 of the Anaheim Municipal Code be, and the same is
hereby, amended to read as shown in Exhibit "A" attached hereto and incorporated herein
by this reference.
4
SECTION 4.
That subsection .010 of Section 18.44.110 of Chaptei 18.44 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".010 Wall Signs. Wall signs are allowed in non-residential zones, unless
otherwise provided herein: The total aggregate area of wall signs(s), including the area of
awning signs or similar signs affixed to the building elevation, shall not exceed ten
percent (10%) of the area of the face of the building to which such sign(s) is attached, or
two hundred (200) square feet, whichever is less. Wall signs shall avoid text imagery
that duplicates freestanding signs on the same property. Wall signs shall comply with the
following provisions:
.0101 The sign shall have only one (1) display surface;
.010? The maximum number of allowable signs is as follows:
Linear Feetbf Building
Frontage for the Use Number of Wall
Signs
0-40 feet 1
41-80 feet 2
81 or more feet.: 3
.0103
.0104 The maximum logo or trademark symbol height shall not be more than
one and one-half (1-1/2) times the size of the permitted maximum letter height.
.0105 The single display surface shall be placed pazallel to, and in front of, any
exterior wall of the building;
.0106 The sign shall be placed on a flat surface and not on a decorative
architectural feature of the structure;
The maximum height of letters is as follows:
Height of the Sign
(number of stories
above. ground) Height of Letters
(inches)
1-3 stories 24
4-5 stories 36
6 or more stories 48
5
.0107 The sign shall not project over or into any public right-of--way;
..0108 The sign shall not project above the parapet oreaves of the building,
whichever is lower; and
.0109 The single display surface, including individual letters, shall not.project
more than twelve (12) inches beyond the wall or structure to which it is attached."
SECTION 5.
That new paragraphs .0101, .0102 and .0103 be, and the same are. hereby, added
to subsection .010 of Section 18.46.070 of Chapter 18.46 of Title 18 of the Anaheim
Municipal Code, to read as follows:
"]8.96.070 REQUIRED LANDSCAPING-IRRIGATIONnvnrn ir~~
The provisions of this section shall apply in addition to all applicable provisions in
Chapter 10.19 (Landscape. Water Efficiency) of the Anaheim Municipal Code.
".010 Irrigation. All required landscaped areas shall be provided and maintained
with automatic irrigation systems, as reviewed and approved by the Planning Director
.0101 For new or refurbished planting areas with less than two thousand, five
hundred (2,500) square feet, the installation of adjustable timer-controlled drip irrigation,
bubblers, orlow-volume, low-angle pop-up sprinklers is encouraged to avoid water run-
off onto streets and sidewalks or over-saturation.
.0102 For new or refurbished planting areas in excess oFtwo thousand, five
hundred (2,500) square feet, theuseofmoisture sensors to accountfor seasonal
variations is encouraged in addilioii to the recommendations ofsubsection .0101, above.
.0103 Where possible, the use of graywaler for irrigation is also encouraged:"
SECTION 6.
That subsection .060 of Section 18.56.040 of Chapter.] 8.56 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, .amended to read as Follows:
".060 Removal of Building. Except as provided in this section, iIf a nonconforming
structure is removed, subsequent structures shall conform to the provisions of this title.
.0601 Removal and Reconstruction of Structures Accessory to Historic
Residences. I1'a structure, accessory to a historic residence (as identified on a list
maintained by the Neighborhood Preservation Division of the Community Development
Department) is removed, replacernenl strictures or portions hereofmay be reconstructed
in their original location provided that approval of a Miiior Modification is granted
6
pursuant to Section 18.62.045 (Minor Modifications). Approval of a Minor Modification
shall be subject to the following:
.O1 Verification that the accessory structure to be replaced was in
existence a minimum of forty {40) years prior to the request for reconstruction must be
provided by the submittal of one or more of the following documents:
.0101 Sanborn map
.0102 County Assessor documents
.0103 Historical photographs of the accessory structure
.0104 Other similar, pertinent historical records
.02 Reconstruction of Accessory Structures:
.0201 That the reconstruction shall be similar to or listed in
Section No. 18.04.030 (Uses. Single-Family Residential Zones), Table 4-B (Accessory
Uses and Structures. Single-Family Residential Zones) or in Section 18.04.100
(Structural Setbacks. Single-Family Residential Zones), Table 4-J (Permitted
Encroachments for Accessory Uses/Structures: Single-Family Residential Zones.)
.0202 That the reconstruction must be located on the same
property as the historic single-family residence.
.0203 That the reconstruction will not add additional dwelling
units.
.0204 That the reconstruction shall be subject to the approval of
the Neighborhood Preservation Division of the Community Development Department."
SECTION 7.
That subsection .020 of Section 18.62.045 of Chapter 18.62 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
"18.62.045 MINOR MODIFICATIONS.
.010 Review Authority. Minor modifications are inconsequential deviations of
certain development standards as specified herein. The Planning Director, or his or her
designee, subject to the limitations ofthis section, may grant minor modifications,
provided, however, that:
7
.0101 Not more than two (2) such modifications shall be approved for any
individual project. If more than t~vo (2) modifications are requested for any individual
project, such request shall be processed by the Planning Commission as a variance in
accordance with the procedures in Chapter 18.74 (Variances).
.020 Types ofModifications.
.0201 Minor modifications maybe approved by the Planning Director or his
or her designee for the following:
.O1 Dimensional requirements for front yard setbacks: a maximum deviation
often percent (10%) from Code requirements; For rear and side yard setbacks; a
maximum deviation of twenty percent (20%) from Code requirements.
.02 Maximum ten percent (10%) deviation for lot coverage
:03 Maximum height requirements for fences, walls, hedges and berms in any
required setback or yard in any non-residential zone that is not adjacent to a residential
zone. A maximum deviation often percent (10%) from Code requirements.
.04 A deviation often percent (10%) or less from the requirements for parking
or approved parking study.
.OS Maximum deviation often percent (10%) for interior setbacks between
buildings in any multiple-family residential zone..
:06 Reconstruction of structures accessory to historic residences in
conformance with subsection 18.56.040.060.
.030 Procedures. A letter requesting a minor modification shall be submitted to the
Planning Department along with a site plan; and, any other information as deemed
necessary by the Planning Director.
.040 Fees. Applications for a minor modification shall be accompanied by the
payment of a fee per Chapter 18.80 (Fees).
.050 Findings. The Planning Director shall make the following findings in order to
approve a minor modification:
.0501 The modification is consistent with the purposes .and intent of the Zoning
Code;
.0502 The same or similar result cannot be achieved by using provisions in the
Zoning Code that do not require the modification;
.0503 The modification does not conflict with the provisions of the California
Building Standards Code or other codes, as adopted by the City; and
.0504 The modification will not produce a result that is out of character or
detrimental to the neighborhood.
.060 Decision. The Planning Director shall render a decision on the minor
modification within fifteen (15) days of the receipt of the request. The decision ofthe
Planning Director shall be in writing and shall be final and effective ten (10) days
following the date thereof unless an appeal to the Planning Commission is filed within
that time."
SECTION 8:
That Section 18.92.230 of Chapter 18.92 of Title 18 of the Anaheim Municipal
Code be, and the same is hereby, amended to read as follows:
"18.92.230 "T" WORDS, TERMS AND PI-IRASES.
"Tandem Parking Space.." Any off-street parking space designed in such a manner
that a vehicle properly parked in such space may, by design, have its ingress to or egress
from such space blocked by a vehicle properly parked in a contiguous parking space.
"Trailer, Automobile." A vehicle without motor power, designed to be drawn by a
motor vehicle, and to be used for human habitation and for carrying persons and property,
including a trailer coach; includes also aself-propelled vehicle having a body designed
for the same uses as an "Automobile Trailer."
"Theaters." Indoor facilities for public assembly and group entertainment
including facilities for live theater and concerts and motion picture theaters, other than
sporting events and other than uses defined in Chapter 18.54 (Sex-Oriented Businesses)
of this Code.
"Towing Service." Any person, association, firm or corporation owning or controlling
any tow truck, and otherwise engaged in the business of transporting or moving other
vehicles from one place to another.
"Tow Truck." Any motor vehicle or device which has been altered, designed or
equipped for the primary use of transporting or moving another vehicle from one place to
another by means of a crane, hoist, tow bar, tow line, dolly, or a roll-back flat-bed carrier,
or any other vehicle which is primarily used to render roadside or transportation
assistance to other vehicles."
9
SECTION 9. SEVERABILITY.
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared
for any reason to be invalid, it is the intent of the Council that it would have passed .all
other portions of this ordinance independent of the elimination herefrom of any such
portion as maybe declared invalid.
.SECTION 10. SAVINGS CLAUSE.
Neither the adoption of this ordinance nor the repeal of any other ordinance of this
City shall in any manner affect the prosecution for violations of ordinances, which
violations were committed prior to the effective date hereof, nor be construed as a waiver
of any license or penalty or the penal provisions applicable to any violation thereof. The
provisions of this ordinance, insofar as they are substantially the same as ordinance
provisions previously adopted by the City relating to the same subject matter, shall be
construed as restatements and continuations, and not as new enactments.
SECTION 1 L PENALTY.
Except as may otherwise be expressly provided, any person who violates any
provision of this ordinance is guilty of a misdemeanor and shall, upon conviction thereof,
be punished in the manner provided in Section 1.01.370 (Violations ofCode-Penalty) of
the Anaheim Municipal Code.
10
THE FOREGOING ORDINANCE was introduced at a regular meeting of the
City Council of the City of Anaheim held on the day of , 2008,
and thereafter passed and adopted at a regular meeting of said City Council held on the
day of , 2008, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
By:
YOR OF THE CITY OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
11
ATTACHMENT NO. 2A
DRAFT EXHIBIT "A" TO DRAFT
ORDINANCE
EXHIBIT "A"
CHAPTER 18.42 (PARKING AND LOADING)
SUBSECTION NO. 18.42.040.020, TABLE 42-A
NON-RESIDENTIAL PARKING REQUIItEMENTS
(ZCA2008-000642)
Table 42-A
NON-RESIDENTIAL PARKING REQUIREMENTS
Use Class Required Spaces
Agricultural Crops S spaces per 10 acres
Alcoholic Beverage Sales- 0 spaces (spaces are required for underlying uses only)
Off-Sale
Alcoholic Beverage Sales- 0 spaces (spaces are required for underlying uses only)
On-Sale
Ambulance Services 4 spaces per 1,000 square feet of GFA, plus parking for
ambulances/emergency vehicles
Animal Boarding 4 spaces per 1,000 square feet of GFA for first 100,000 square feet,
plus 4.S spaces per 1,000 square feet of GFA over 100;000 square
feet
Animal Grooming 4 spaces per 1,000 square feet of GFA for first 100,000 square feet,
plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square
feet
Antennas-Broadcasting 2 spaces
Antennas-Private None
Transmitting
Antennas- 1 space
Telecommunications
Automatic Teller Machines 2 spaces per machine
(ATM's) (Exterior, walk-up
facilities not located on Note: No parking spaces are required when located on the exterior
properties developed with building wall of an existing business use, when located within the
other retail or office uses.) interior of any other type of business establishment, or when free-
standing machines are located on properties developed with other
retail or office uses. In addition, no parking spaces are required for
drive-up facilities.
1
Automotive-Car Sales & General: 2.5 spaces per 1,000 square feet of GFA for interior
Rental showroom, plus 4 spaces per 1,000 square feet of office use, plus 5.5
spaces per 1,000 square feet ofbuilding GFA used for parts, sales,
storage and repair use
Wholesale (excluding auctions): 4 spaces per 1,000 square feet of
space used for parking vehicles to be sold
Auctions: Requires parking demand study per paragraph
18.42.040.010.0107
9,~e~-o^;rlj ~4tes~~e-9~ees
Automotive -Car Sales 4 spaces per 1,000 square feet of GFA
Retail & Wholesale (Office
Use Only)
Automotive-Public Parking None
Automotive-Parts Sales 5.5 spaces per 1,000 square feet of GFA for first 100,000 square
feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000
square feet
Automotive-Repair & 3.5 spaces per 1,000 square feet of GFA, or 5 spaces, whichever is
Modification greater
Automotive-Service Stand-Alone: 2 spaces
Stations In Conjunction with Other Uses: 0 space
Automotive-Washing In Conjunction with Service Station: 1 space, plus drying area for 5
vehicles
Stm:d-Alone: 5.5 spaces per 1,000 square feet of GFA, plus drying
area for 5 vehicles
Bars & Nightclubs 17 spaces per 1,000 square feet of GFA
Bed & Breakfast Inns 1 space for each bedroom, plus 1 space for each nonresident
employee, plus 1 space for visitors (for purposes of this use class,
"Bedroom" means any room designed, intended or primarily used
fot sleeping purposes)
Beekeeping None
Billboards None
Boat & RV Sales 2.5 spaces per 1,000 square feet of GFA for interior showroom, plus
4 spaces per 1,000 square feet of office use, plus 5.5 spaces per
1,000 square feet ofbuilding GFA used for parts, sales, storage and
repair use
Business & Financial 5.5 spaces per 1,000 square feet of GFA for first 100,000 square
Services feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000
.square feet
Cemeteries ~ Requires parking demand study per paragraph 18.42.040.010.0107
Commercial Retail Centers Total parking spaces are equal to the sum of the parking
requirements for the individual use types in the center
Community & Religious 0.333 space per fixed seat, or 29 spaces per 1,000 square feet of
Assembly GFA, whichever results in a greater number of spaces; plus 4
spaces per 1,000 square feet of GFA for office use, plus, if a
kitchen facility is provided, 0.02 space per person for the
maximum capacity figure of the assembly area determined by the
City Fire Department; if other types of ancillary uses other than a
Sunday school are included, a parking demand study maybe
Tequired
Computer Internet & 0.18 space per computer, or 5.5 spaces per 1,000 squaze feet of
Amusement Facilities GFA, whichever results in a greater number of spaces
Convalescent & Rest Homes 0.8 space per bed
Convenience Stores 5.5 spaces per 1,000 square feet of GFA; if combined with other
allowed uses, 3 spaces for the first additional use, and 1 space for
each .additional use thereafter, except that the extra spaces are not
required when the uses are integrated within a commercial retail
center.
Dance & Fitness Studios- Requires parking demand study per paragraph 18.42.040.010.0107
Large
Dance & Fitness Studios- 5.5 spaces per 1,000 square feet of GFA
Small
Day Care Centers 1 space per employee, plus 1 space per 10 children or adult
clients, plus 1 space for loading and unloading children or adult
clients onsite
Drive-Through Facilities None as an accessory use, but requires adequate space for queuing
Educational Institutions- 0.82 space per student, or 20 spaces per 1,000 square feet of GFA
Business for instruction area, whichever results in a greater number of
spaces; plus 4 spaces per 1,000 square feet of GFA for office area
Educational Institutions- Elementary and Junior High Schools: 1 space per classroom, plus
General 1 space per non-office employee, plus 4 spaces per 1,000 square
feet of GFA for office use, plus parking required for assembly
halls and auditoriums (see Community & Religious Assembly)
High Schools: 1 space per non-office employee, plus 1 space per
6 students, plus 4 spaces per 1,000 square feet of GFA for office
use, plus parking required for assembly halls and auditoriums (see
Community & Religious Assembly)
Educational Institutions- 4 spaces per 1,000 square feet of GFA
Tutoring
Equipment Rental-Large 4 spaces per 1,000 square feet of building GFA For first 100,000
square feet, plus 3 spaces per 1,000 square feet of GFA fiver
100,000 square feet, plus 0.4 space per 1,000 square Feet of
outdoor equipment storage area
Equipment Rental-Small 4 spaces per 1,000 square feet of building GFA for first 100,000
square feet, plus 3 spaces per 1,000 square feet of GFA over
100,000 square feet, plus 0.5 spaces per 1,000 square feet of
outdoor equipment storage area
Golf Courses & Country Clubs Golf Courses: 10 spaces per hole, plus I space per 35 square feet
of building GFA used for public assembly, plus 5.5 spaces per
1,000 square feet of GFA used for other commercial purposes
Golf Driving Ranges: 1 space per driving tee
Group Caze Facilities 0:8 space per bed.
Helipads Requires pazking demand study per pazagraph 18.42.040.010.0107
Hospitals Requires parking demand study per paragraph 1$.42.040.010.0107
Hotels & Motels 0.8 space per guest room, plus 8 spaces per 1,000 square feet of
GFA for banquet/meeting room, plus 8 spaces per 1,000 square
feet of GFA for full-service, semi-enclosed, walk-up and fast-food
restaurants, plus 5.5 spaces per 1;000 square feet of GFA for take-
out restaurants integrated into the hotel complex, plus 1 space per
1,000 square feet ofretail space plus 0.25 space for each employee
working in the guest room areas
Industry-Limited Industrial-General Limited: 1.55 spaces per 1;000 square feet of
GFA, which may include a maximum of 10% office space, plus, if
the percentage of office space exceeds 10% of the GFA, 4 spaces
per 1,000 square feet of GFA for the floor area in excess of 10%
Industrial Training Facilities: 0.82 space per student, or 20
.spaces per 1,000 square feet of GFA for instructional use,
whichever results in a greater number of spaces, plus 4 spaces per
L,000 squaze feet of GFA for office use
Outdoor Uses: 0.4 space per 1,000 square feet of lot area devoted
to outdoor uses, excluding parking areas and vehicular
accessways, or 1 space per 2 maximum contemplated number of
employees to be engaged in the outdoor operation, whichever
results in a greater number of spaces
4
Industry-General Industrial-General: 1.55 spaces per 1,000 square feet ofbuilding
GFA, which may include a maximum of 10% office space, plus, if
the percentage of office space exceeds 10% of the GFA, 4 spaces
per 1,000 square feet of GFA for the floor area in excess of ] 0%
Industrial Training Facilities: 0.82 space per student, or 20
spaces per 1,000 square feet of GFA for instructional use,
whichever results iri a greater number of spaces, plus 4 spaces per
1,000 square feet of GFA for office nse
Outdoor Uses: 0.4 space per 1,000 square feet of lot area devoted
to outdoor uses, excluding pazlcing areas and vehicular
accessways, or 1 spaceper 2 maximum contemplated number of
employees to be engaged. in the outdoor operation, whichever
Yesults in the greater numbeYOf spaces
Junkyards 5 spaces or 5.5 spaces per 1,000 square feet ofbuilding GFA,
whichever is greater
Markets-Large 5.5 spaces per 1,000 square feet of GFA for first 100,000 squaze
feet, plus 4.5 spaces pef 1,000 square feet of GFA over 100,000
square feet
Markets-Small 5.5 spaces per 1,000 square feet of GFA
Medical & Dental Offices 6 spaces per 1,000 square feet of GFA
Mortuaries Requires parking demand study per paragraph 18.42.040.010.0107
Offices Office-General: 4 spaces per 1,000 square feet of GFA for
buildings of 3 stories or lower; 3 spaces per 1,000 square feet of
GFA for buildings of more than 3 stories
°
a
p
..~
..., I.e ..~....:.i e.i ...i.:l., ... ,.:..t,.:..:.... ~e.,..:re.7 ..,,...1.0..,F ~,..,..0~_4:.~
tl ..... ........ 1.eC .... t4.e ~e..,.:~e,l ..FF..1....:t F,.,.... tl.e /'..1:F '.,:..
r
Oil Production 2 spaces per well
Outdoor Storage Yards 4 spaces or 4 spaces per 1,000 square feet ofbuilding GFA of any
accessory building, whichever is greater, plus spaces required for
service vehicles
Personnel Services-General. 5.5 spaces per 1,000 square feet of GFA for first 100,000 square
feet, plus 4.5 spaces per 1,000 square feet of GFA over l OQ000
squaze feet
Personnel Services-Restricted 5.5 spaces per 1,000 square feet of GFA for first 100,OD0 square
feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000
square feet.
Plant Nurseries 5.5 spaces per 1,000 square feet of building GFA, plus 0.4 space
per 1,000 square feet of lot area devoted to outdoor uses,
excluding parking areas and vehicular accessways.,.
Public Services 4 spaces per 1,000 square feet of GFA for buildings of 3 stories or
lower; 3 spaces per 1,000 square feet of GFA for buildings of
more than 3 stories
Recreation-Bowling & Bowling Alleys: 3 6 spaces per bowling lane, ~Ius-eye-spore-e-per
d
Billi ~c .. ., a.,,,« ,.~r?>; n ....,,t c _...,>,t:,... ..,tit., .,t.,~ c c ~
a~s
ar
s p
. t nnn .. .. c.,er ,.acn n , ,.,,a F ~ ,.rt,e~ ,.,,..,..,o~,.:.,t „
,
Billiard Halls: 2 spaces per billiard table, plus required spaces for
other uses within the. facility
Recreation-Commercial... Amusement Arcades:.. requires parking demand study per
Indoor paragraph 18.42.040.010.0107
Racquetball Facilities: 5 spaces per court
Skating Rinks: 2.4 spaces per T,000 square feet of building GFA
Broadcast or Recording Studios with Audience: S.S spaces per
1,000 square feet of GFA for first 100,000 square feet, plus 4.5
spaces per 1,000 square feet of GFA over 100,000 square feet
Theaters-Live Performances: 0.4 space per seat or patron,
whichever results in a greater number of spaces; plus 0.8 space per
employee; including performers
Theaters-Single-Screen Motion Picture: 0.6 space per seat or
patron; whichever results in a greater number of spaces; plus 5
spaces foremployees `'
Theaters-Multi-Screen Motion Picture: 0.3 spaces per seat or per
patron, whichever results in a greater number of spaces, plus 2
employee spaces per screen
Other Uses: Requires parking demand study per subsection
18:42:040.010.0107°'
Recreation-Commercial Miniature Golf Course: 20 spaces per course; plus 1 per each
Outdoor _ employee
Other Uses: requires parking demand study per paragraph
18.42.040.010.0107
Recreation-Low-Impact Requires parking demand study per paragraph 18.42.040.010.0107
Recreation-Swimming & Swimming Facilities: requires parking demand study per
Tennis` paragraph 18.42.040.010.0107
Tennis Courts: 5 spaces per court
Recycling Services-Consumer O'space (spaces are required for host use(s) only)
Recycling Services-General 1.55 spaces per 1,000 square feet of building GFA
Recycling Services- 1.55 spaces per employee
Processing
Repair Services-General 5.5 spaces per 1,000 square feet of GFA for first 100;000 square
feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000
square feet
Repair Services-Limited 5.5 spaces per 1,000 square feet of GFA for first 100,000 square
feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000
square feet.
Research & Development 4 spaces per 1,000 square feet of GFA for buildings of 3 stories or
lower; 3 spaces per 1,000 square feet of GFA for buildings of
more than 3 stories
Restaurants-General Drive-In, Drive- Through, Fast-Food: 16 spaces per 1,000 square
feet of GFA
Take-Out (not to exceed a cumulative maximzmi total of ter: seats
for patrons): 5.5 spaces per 1,000 square feet of GFA
Restaurants-Full Service 8 spaces per 1,000 square feet of GFA if integrated into a planned
development complex; I S spaces per 1,000 square feet of GFA, if
not integrated into a planned development complex
Restaurants-Semi-Enclosed 8 spaces per 1,000 square feet of GFA, if integrated into a planned
development complex; 15 spaces per 1,000 square feet of GFA, if
not integrated into a planned development complex
Restaurants-Take-Out 5.5 spaces per 1,000 square feet of GFA
Restaurants-Walk-Up 16 spaces per 1,000 square feet of GFA
Retail Sales-General General: 5.5 spaces per 1,000 square feet of GFA for first
100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA
over 100,000 square feet
Art Galleries: 3.3 spaces per 1,000 square feet of GFA
Furniture, Carpet & Flooring: 2.25 spaces per 1,000 square feet
of GFA
Retail .Sales-Kiosks 1 space per 25 square feet of GFA or 3- 3 spaces per facility,
whichever results in a greater number of parking spaces
Retail Sales-Outdoor 0.4 space per 1,000 square feet of lot area devoted to outdoor uses,
excluding parking areas and vehicular accessways, or 0.5 space
per each employee engaged in the outdoor operation, whichever
results in a greater number of parking spaces
Retail Sales-Regional Furniture, Carpet & Flooring: 2.25 spaces per 1,000 square feet
of GFA
Other: 5.5 spaces per 1,000 square feet of GFA for first.100,000
square feet; plus 4.5 spaces per 1,000 square feet of GFA over
100,000 square feet
Retail Sales-Used 5.5 spaces per 1,000 square feet of GFA for first 100,000 square
Merchandise feet, plus 4.5 spaces per 1,000 square feet of GFA over 100;000
square feet
Room & Board 1 space for each bedroom, plus 1 space for each nonresident
employee, plus 1 space for visitors (for purposes of this provision,
"Bedroom" means any room designed, intended or primarily used
for sleeping purposes)
Self-Storage Facilities 0.27 space per 1,000 square feet of building GFA or 5 spaces,
whichever results in a greater number of spaces, plus adequate
loading and unloading areas as required by the nn:«.~v~n~a
Planning Services Division of the
Planning Department and/or its designee.
Sex-Oriented Businesses Primarily Live Performance: 10 spaces per 1,000 square feet of
GFA
Primarily Book or Video Store: 5.5 spaces per 1,000 square feet
of GFA
Studios-Broadcasting 2.5 spaces per 1,000 square feet of GFA
Studios-Recording 2.5 spaces per 1,000 square feet of GFA
Towing Services 4 spaces per 1,000 square feet of building GFA; plus spaces for
tow trucks
Transit Facilities Requires parking demand study per paragraph 18.42.040.010.0107
Truck Repair & Sales 2.5 spaces per 1,000 square feet of GFA for interior showroom,
plus 4 spaces per 1,000 square feet of office use, plus 5.5 square
feet per 1,000 square feet of building GFA for parts, sales, storage
and repair use
Utilities-Major Requires parking demand study per paragraph 18.42.040.010.0107
Utilities-Minor None required
8
Veterinary Services 5.5 spaces per 1,000 square feet of GFA for first 100,000 square
feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000
square feet
Warehousing & Storage- 1.55 spaces per 1,000 square feet of GFA, which may include a
Enclosed maximum of 10% office space, plus, if the percentage of office
space exceeds 10% of the GFA, 4 spaces per 1,000 square feet of
GFA For the floor area in excess of 10%
Warehousing 8z Storage 0.4 spaces per 1;000 square feet of outdoor storage area
Outdoors (excluding vehicle accessways), plus 1.55 spaces per 1,000 square
feet of GFA (which may include a maximum of 10% office
space), plus, if the percentage of office space exceeds 10% of the
GFA, 4 spaces per 1,000 square feet of GFA For the floor area in
' excess of 10%
Wholesaling 1.55 spaces per 1,000 square feet of building GFA
9
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March 31, 2008
Subject Property
Reclassification No. 2007-00214
Tentative Parcel Map No. 2005-285
Variance No. 2007-04745
717 South Dale Avenue
10601
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July 2006
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Parcel
. ~ ~ „ ,...,... 1Zequired T:otl)epth .
~ t w ., Prbpo`sed Lot Depth , ;
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Parcel l 320 feet ~ 95:feet
Parcel 3 120 feet ` 82 feet
PItOJEC'P SUMMARY
Development Standard Pro osed Project RS-3 Standards
Site Area 0.74 acre N/A
General Plan Densi 5.4 du/acre 6.5 du/acre maximum
Minimum Lot Area Net
Parcel I 7,610 square feet
Parcel 2 5,238 5,000 squaze feet
Parcel 3 5,599
Parcel 4 5,223
Minimum Lot Width
Parcel I 91
Parce] 2 70 50 Feet
Parcel 3 79
Pazce14 82
Minimum Lot Depth adjacent to
an arterial highway
Parcel 1 95 Feet 120 Feet
Parcel 2 N/A None
Parcel 3 82 120
Parcel 4 N/A None
gDRAI+'I' A'I"Y'ACHIVVRENT N®. 2
RESOLUTION NO. PC2008-***
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING A CEQA NEGATNE DECLARATION AND APPROVING...:.
RECLASSIFICATION NO.2007-00214
(717 SOUTH DALE AVENUE)
WHEREAS, the Anaheim Planning Commission did receive a verified Petifion
for Reclassification for certain real property situated at 717 South Dale Avenue in the City of
Anaheim, County of Orange, State of Califoinia, as more particularly described in Exhibit "A"
attached hereto and incorporated herein by this reference;
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on March 31, 2008 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 1.8.60 "Procedures", to hear and consider evidence for and against said
proposed reclassification 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 proposes reclassification of subject property from the T
(Transition) zone to the RS-3 (Single-Family Residential) zone.
2: ' That the proposed RS-3 zone would be consistent with the existing Low Density
Residential land use designation of the General Plan:
3. That the proposed reclassification of subject property is necessary and/or
desirable for the orderly and proper development of the community,
4: That the proposed reclassification of subject property does properlyrelate to the
zones and their permitted uses locally established in close ptoximity to subject property and to
the zones and their permitted uses generally established throughout the community:
5. That *** persons indicated their presence at said public hearing in opposition; and
that *** letter was received in opposition to subject petition.
NOW, THEREFORE, BE TI' RESOLVED that the Anaheim Planning
Conunission has reviewed the proposal and does hereby find and determine that the Negative
Declaration reflects the independent judgment of the lead agency and that it has considered the
Negative Declaration together with any comments received during the public review process and
further finding on the basis of the initial study and any comments received that there is no
substantial evidence that the project will have a significant effect on the environment.
-1- PC2008-***
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does
hereby approve the subject Petition for Reclassification to authorize an amendment to the Zoning
Map of the Anaheim Municipal Code to exclude the above-described property from the T
(Transition) Zone and to incorporate said described property into the RS-3 (Single-Family
Residential) Zone upon the following conditions which aze hereby found to be a necessary
prerequisite to the proposed use of subject property in order to preserve the health and safety of
the Citizens of the City of Anaheim:
No. Conditions off Approval Responsible For
Monitorin
TIMING: PRl'OR TO INTRODi7CTIQN OF-ORDINANCE
No. 1 That prior to introduction of an ordinance rezoning subject property, a Planning
preliminary title report shall be furnished to the Planning Services
Division showing the legal vesting of title, a legal description and
containing a map of the property..
GENERAL-
No. 2 That approval of this application constitutes approval of the proposed Planning
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 this resolution shall not constitute a rezoning
of, or a commitment by the City to rezone, the subject property; any such rezoning shall require
an ordinance of the City Council, which shall be a legislative act, which maybe approved or
denied by the City Council at its sole discretion.
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 a1L
charges related to the processing of this discretionary case application within 15 days of the
issuance of the final invoice. Failure to pay all chazges shall result in delays in the issuance of
required permits or the revocation of the approval of this application.
-2- PC2008-***
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of Mazch 31, 2008. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and
maybe replaced by a City Council Resolution in the event of an appeal.
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SEI`TIOR SECRETARY, ANAHEIM PLANI~IING 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 Mazch 31, 2008, 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
.2008.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-3- PC2008-***
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RESOLUTION NO. PC2008 ***
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING A CEQA NEGATIVE DECLARATION AND APPROVING
TENTATIVE PARCEL MAP NO. 2005-285
{717 SOUTH DALE AVENUE)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition
for Tentative Parcel Map No. 2005-285 to establish a 4-lot, 4-unit detached single family
residential subdivision for certain real property situated at 717 South Dale Avenue in the City of
Anaheim, County of Orange, State of California, as more particulazly described in Exhibit "A"
attached hereto and incorporated herein by this reference.
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on March 31, 2008 of 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 heaz and consider evidence for and against said
proposed tentative pazcel map and to investigateand 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 tentative map, including its design and improvements, is
consistent with the proposed Anaheim General Plan.
2. That the site is physically suitable for the proposed development and the density
proposed..
3. That the design of the subdivision or the proposed improvements will observe all
existing easements for the use of, or access through the property.
4. That *** persons indicated their presence at said public hearing in opposition; and
that *** letter was received in opposition to the subject petition.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning..
Commission has reviewed the proposal and does hereby find and determine that the Negative
Declazation reflects the independent judgment of the lead. agency .and that it has considered the
Negative Declaration together with any comments received during the public review process and
further finding on the basis of the initial study and any comments received that there is no
substantial evidence that the project will have a significant effect on the environment.
_1_ PC2008 ***
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does
hereby grant subject Petition for Tentative Pazcel Map No. 2005-285, upon the following _ .
conditions which aze 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:
No. Conditions off Approval Responsible for
Monitorin
<TIMINGr PRIORrTO APPROVAL DF FINAL MAP
1 That the final map shall be submitted to and approved by the City Public Works -
ofAnaheim and the Orange County Surveyor and then shall be Development
recorded in the Office of the Orange County Recorder. Services
2 The legal property owner shall execute a Subdivision Agreement, Public Works -
in aform approved by the City Attorney; to complete the required Development
public improvements at the legal property owner's expense. Said Services
agreement shall be submitted to the Public Works Department,
Development Services Division and approved by the City.
Attorney and City Engineer and then recorded concurrently with
the final map.
3 . That the access drive, sanitary sewer and storm drain within the Public Works -
development shall be privately maintained: Improvement plans Development
for the private street, sanitary sewer; and private drainage system' Services
and the grading plan shall be submitted to the Public Works
Department, Development Services Division concurrently with
the final map.
4 That a maintenance covenant, shall be submitted to the Public Public Works-
Works Department, Development Services Division and approved Development
by the City Attorney's office. The covenant shall include provisions Services
for maintenance of private facilities and a maintenance exhibit. The
covenant shall be recorded'concun•ently with the final map:
5 The developer shall submit a request for a street name for the Planning -
private street. The streefname must be approved by the Building Building
Division and placed on the parcel map. Division
6 That the legal property owner shall inevocably offer to dedicate Public Works -
to the City of Anaheim, on the final map, an easement 45 feet in Development
width from the centerline of the street along Dale Avenue for Services
street widening purposesi'
7 The private street plans shall show a stop control for the eastbound Public Works -
direction of the private drive at Dale Street and that a stop sign shall Traffic
be installed and stop legend shall be painted on the street. Engineering
-2- PC2008-***
8 The developer shall construct a 5-foot wide sidewalk adjacent to Public Works -
the right-of--way line, in conformance with Public Works Development
Standard Detail No. 110-E, and install landscape and irrigation Services
between the sidewalk and curb on Dale Avenue. The
improvements shall be shown on the grading plan. The developer '
shall obtain a Right of Way Construction Permit from the Public
Works Department.
9 The fire lane (private street) shall be posted with "No Pazking Any Public Works -
Time" and that said information shall be specifically shown on the Traffic
private street plans and on plans submitted for building pemuts. Engineering
GENERA L''
10 That subject property shall be developed substantially in accordance Planning
withplans and specifications submitted to the City of Anaheim by
the applicant and which plans aze on file with the Planning
Department mazked Exhibit No. 1 and as conditioned herein.
11 That approval of this parcel map is granted subject to the approval Planning
of Reclassification No. 2007-00214 and Variance No. 2007-
04745.
12 That timing for compliance with conditions of approval maybe Planning
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 towazd
establishment of the use or approved development.
13 That extensions for further time to complete conditions of Planning
approval maybe granted in accordance with Section 18.60.170 of
the Anaheim Municipal.
14 That approval of this application constitutes approval of the Planning
proposed request only to the extent that it complies with the
Anaheim Municipal Zoning Code and any other applicable City,
State and Federal regulations. Approval does not include any
action or findings as to compliance or approval of the request
regarding any other applicable ordinance, regulation or
requirement..
-3- PC2008--***
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 conditicn, 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. Failure to pay all chazges 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 Mazch 31, 2008. 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.
CHAIl2MAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CTTY 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 31, 2008, 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
2008.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-4- PC2008--***
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RESOLUTION NO. PC2008--***
E1'I'TACIFIlI~YJElV~' N®. 4
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING A CEQA NEGATIVE DECLARATION AND APPROVING
VARIANCE NO. 2007-04745
(717 SOUTH DALE AVENUE)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition
for Variance No. 2007-04745 for certain real property situated at 717 South Dale Avenue in the
City of Anaheim, County of Orange, State of California, as more particulazly described in
Exhibit "A" attached hereto and incorporated herein by this reference.
WHEREAS, the petitioner requests approval of a waiver of minimum lof depth to
establish a 4-lot single-family detached residential subdivision; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on Mazch 31, 2008 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 variance 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 petitioner requests waiver of the following to establish a 4-lot single-
familydetached residential subdivision:
(a) SECTION NO. 18.04.060.020 Lot Denth and Orientation 95-foot
and 82-foot lot depths proposed;
120-foot lot depth required adjacent
to an arterial highway)
2. That special circumstances apply to the subject property because of the unique
size of this property in comparison with surrounding lots, and the desire to keep the current.
residential structure on Lot No. 1, a 120 foot lot depth adjacent to Dale Avenue would limit the
number of lots that could be developed by Code; therefore, there are special circumstances that
apply to the subject property due to the isegulaz size of the property as compazed to other
properties in the neighborhood.:
3. That strict application of the Zoning Code would deprive the property of
privileges enjoyed by other properties with identical zoning in the vicinity as there are other lots
with single-family residences in the vicinity adjacent to Dale Avenue with lot depths less than
120 feet. Therefore, lot depths of 95 and 82 feet for Pazcels 1 and 3, will provide the opportunity
for development of this pazcel and implementation of the General Plan land use designation.
-1- PC2008 ***
4. That *** indicated their presence at said public hearing in opposition; and that
** correspondence was received in opposition to the subject request.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning
Commission has reviewed the proposal and does hereby find and determine that the Negative
Declazation reflects the independent judgment of the lead agency and that it has considered the
Negative Declazation 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.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does
hereby approve Variance No. 2007-04745 to waive the minimum lot depth requirements, on the
basis of the aforementioned findings and 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:
Respopsible
No. Conditions of Approval for
Monitorin
TIMING:'GENERAL -
1 The subject property shall be developed substantially in Planning
accordance with plans and specifications submitted to the City of
Anaheim by the applicant and which plans are on file with the
Planning Department mazked Exhibit Nos. 1 through 3, and as
condifioned herein.
2 That prior to issuance of a building permit, or within a period Planning
of two (2) yeazs from the date of this resolution, whichever
occurs first, Condition No. 1, above-mentioned, shall be
complied with. Extensions for further time to complete said
conditions maybe granted in accordance with Code Section
No. 18.03.090 of the Anaheim Municipal Code.
3 Approval of this variance is granted subject to the approval of Planning
Reclassification No. 2007-00214 and Tentative Farcel Map No.
2005-285. ,
4 Approval of this application constitutes approval of the Planning
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 regazding any other applicable ordinance, regulation or
requirement.
-2- PC2008-***
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 ofthe final invoice.
THE FOREGOING RESOLUTION was :adopted at the Planning Conunisson
meeting of Mazch 31, 2008. 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.
CHAIltMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Moms, 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 Mazch 31, 2008 by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WTfNESS WHEREOF, I have hereunto set my hand this day of
.2008.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-3- PC2008 ***
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101 South Euclid Street
March 31, 2008
Subject Property
Variance No. 2008-04747
10502
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March 31, 2008
Subject Property
Variance No. 2008-04747
101 South Euclid Street
10502
c so ice
Aerial Pholo:
r~r, July 2006
ATTACx~~rrT rr®. i
PROaECT su1vIMAR1' cIIART
VARIANCE NO. 2005-04747
..`Location: & Wall Sin No. of Si ns '-'Pro osed Area -Permi4ted b Code':.
North Elevation
"Pharmacy" Sign 1 34 s.f. . 200 s.f. aggregate
Bulls eye Sign on tower 2 50 s.f. wall sign area
Total 3 134 s.f.
East Elevation
"Target" with Bulls eye 1 145 s.f. 200 s.f. aggregate
Bulls eye Sign on tower 2 50 s.f. wall sign area
Totai 3 245 s.f.
~1#~AFT AT'Y'ACHI0~EI~tT N®. 2
RESOLUTION NO. PC2008-***
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING A CATEGORICAL EXEMPTION, CLASS 11
(ACCESSORY STRUCTURES) AND APPROVING VARIANCE NO. 2008-04747
(101 SOUTH EUCLID STREET)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition
for Variance for certain real property situated in the City of Anaheim, County of Orange, State of
California, shown on Exhibit A, attached hereto and incorporated herein by this reference.
WHEREAS, the petitioner requests approval to permit a letter height of 32-inches
for a wall sign on the east elevation facing Lincoln Avenue and a cumulative azea of signs on the
east elevation of 244 squaze feet where the code allows a maximum letter height of 24 inches and
area of 200 square feet; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on Mazch 31, 2008, 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 heaz and consider evidence for and against said
proposed variance 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 petitioner requests waivers of the following provisions of the Anaheim
Municipal Code to construct six wall signs:
(a) SECTION NO. 18.44.110.010
(b) SECTION N0. 18.44.110:010,0103
(c) SECTION NO. 18.44.090.010.0102.
(d) SECTION NO. 18.44.090.020.0201
Maximum aggre¢ate azea of wall
sims•
200 s.f. permitted; 134T245 s.f.
proposed)
Maximum height of sign letters.
(24 inches permitted for 1-3 story
structures; 2 feet 8 inches proposed)
Minimum distance between
monument signs. (Withdrawn).
Permitted height, width and area of
monument signs. (Withdrawn).
- 1 - PC2008 ***
2. That waivers (a) and (b) aze hereby approved as the proposed wall signs would be
appropriate for the large size of the building. The aggregate azea of the wall signs would not
exceed the maximum sign azea for each building frontage and would be proportional to the
building elevation.
3. That waivers (c) and (d) are hereby withdrawn, as requested by the applicant,
subsequent to advertisement of the variance.
4. That *** indicated their presence at said public hearing in opposition; and that
*** correspondence was received in opposition to subject petition.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Section 15301, Class l l (Accessory Structures), as defined in the State CEQA
Guidelines and is, therefore, exempt from the requirement to prepaze additional environmental
documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning
Commission does hereby approve Variance No. 2007-04747 to permit wall signs having a lazger
sign azea and greater letter height than allowed by code, 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 welfaze of the Citizens of the City of Anaheim:
No. Conditions of Approval Responsible for '
1VIonitorin
TIMINGr PRIOR TO ISSUANCE OFSIGNPERMIT
1 ' That within a period of one (1) year from the date of this Planning
resolution, the appropriate permit(s) shall be obtained
from the City of Anaheim for the approved wall signs.
Extensions for further time to complete said conditions
maybe granted in accordance with Code Section No.
18.03.090 of the Anaheim Municipal Code:
GENERAL
2 That all signs shall be properly maintained in Code
conformance with A.M.C Section 18.44.160 pertaining to Enforcement
sign maintenance such that any burnt bulbs or damaged` '
sign copy shall be replaced or repaired within a period of
48 hours.
3 That $ming for compliance with conditions of approval Planning
maybe amended by the Planning Director upon a showing
of good cause provided (i) equivalent timing is established
that satisfies the original intent and purpose of the
condition(s), (ii) the modification complies with the
Anaheim Municipal Code and (iii) the applicant has
demonstrated significant progress toward establishment of
the use ar approved development.
- 2 - PC2008--***
No. Conditions of Approval Responsible for
IVlonitorin
4 That subject property shall be developed substantially in Planning
accordance with sign plans and specifications submitted to
the City of Anaheim by the .applicant and which plans are
on file with the Planning Department mazked Exhibit Nos. 1
through 6, and as conditioned herein. Monument signs
included in these exhibits are not covered under this permit.
5 That approval of this application constitutes approval of Planning
the proposed request only to the extent that it complies
with the Anaheim Municipal Zoning Code and any other
applicable City, State and Federal regulations. Approval
does not include any action or findings as to compliance
or approval of the request regazding any other applicable
ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does
hereby find and determine that adoption of this Resolution is expressly predicated upon
applicant's compliance with each and all of the condi$ons hereinabove set forth. Should any
such condition, or any part thereof, be declazed 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
chazges related to the processing of this discretionary case application within 15 days of the
issuance of the final invoice or prior to the issuance ofbuilding 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 Mazch 31, 2008.. 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 _ PC2008 ***
STATE OF CALIFORNIA )
COUNTY OF ORANGE } ss.
CITX OF ANAHEIM }
I, Eleanor Moms, 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 31, 2008, 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 ,
2008.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
- 4 - PC2008-***
Exhibit A
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March 31, 2008
Subject Property
Conditional Use Permit No. 2008-05301
1085 North Harbor Boulevard
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10503
Date: March 31, 2008
Subject Property
Conditional Use Permit No. 2008-05301
1085 North Harbor Boulevard
'10503
°__ $° 10° Aerial Photo:
r® July 2006
ATTACI~MEN'1' N®.1
PROJECT SUMMARY
CONDITIONAL, USE PERMIT NO. 2008-05301
Develo ment Standards
Development Standard ' Proposed I?roject Required Parking
53 spaces required
Parking (see parking table below) 48 spaces proposed (based on 8,821 s.f. of medical
office use)
Parking Demand Studv (January 2008)
~ Sgnara Footage . ~ Parking .:
Use IVo. of beds Parking Ratio :.Demand
Medical N/A 6 spaces/1;000 s.f. ~ 27
Offices 4,536 s.f.
Clinical 0.5 spaces bed 10
Trials 20 4,285 s.f. 2.0 s aces/1,000 s.f 9
Total 20 8,821 s.f. 46
~~A~~ AT~ACx1~~~T lv®. 2
RESOLUTION NO. PCZ008-***
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A
CATEGORICAL EXEMPTION, CLASS 1 (EXISITNG FACILITIES) AND
APPROVING CONDITIONAL USE PERMIT NO. 2008-05301
(1085 N. HARBOR BOULEVARD)
WHEREAS, on March 31, 2008, the Anaheim Planning Commission did receive
a verified Petition for Conditional Use Permit to permit a medicallclinical research facility for
certain real property situated in the City of Anaheim, County of Orange, State of California,
shown on Exhibit A, attached hereto and incorporated herein by this reference;
WHEREAS, this property is currently developed with a medical office building
within the General Commercial zone and the Anaheim General Plan designates this property for
Low Medium Density Residential land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on March 31, 2008, 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 heaz 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 of a clinical trial facility is properly'one for which a
conditional use permit is authorized by Anaheim Municipal Code Section 18.08.030.040.0402
(Hospitals).
2. That the proposal, as conditioned, will not :adversely affect the adjoining land uses
and the growth and development of the areasince the existing building has been used as a
medical office building.
3. That the granting of this Conditional Use Permit will not be detrimental to the
public health, safety andlor welfaze, subject to the conditions of this permit herein.
4. That the facts necessary for required findings aze evident in the body of the record
on file with the City of Anaheim Planning Services Department.
5. That *** indicated their presence at said public hearing in opposition; and that
*** correspondence was received in opposition to the subject petition.
-1- PC2008-***
WHEREAS, the proposed project Falls within the definition of Categorical
Exemption, Section 15303, Glass 1 (Existing Facilities) as defined in the State CEQA
Guidelines, and is, therefore; exempt from the requirement to prepaze additional environmental
documentation.
NOW, THEREFORE, BE fT 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:
Responsible for
No. Conditions of Approval Monitoring
GENERAL t
~_
K
1 No medical marijuana dispensary or facility shall be Police
established or allowed by this permit in contravention of
Chapter 4.20 of the Anaheim Municipal Code.
2 That the clinical reseazch facilities shall not exceed more Planning
than 20 beds for the purpose of overnight stay of study
volunteers as shown on plans dated 7anuary 28, 2008 and on
file with the Planning Services Division. Overnight stays by
study volunteers shall be limited to no more two nights
consecutively in a seven day period,
3 That during all clinical reseazch trials and overnight stays Planning
involving study volunteers, a California licensed physician
shall be in attendance with a minimum of one support staff
member for every 14 study volunteers.
4 That the number of parking spaces provided shall be a Planning
minimum of 48 off-street parking spaces at the subject
property as specified by the pazking demand study prepazed
for the City dated January 2008, and on file with Planning
Services Division..
5 That the parking lot serving the premises shall be equipped Planning
with lighting of sufficient power to illuminate and make
easily discernible the appearance and conduct of all persons
on or about the pazking lot, or using the exterior building
entryways. Additionally, the position of such lighting shall
not disturb the normal privacy and use of any neighboring
residences.
-2- PC2008-***
Responsible for
I~lo. Conditions of Approval Monitoring
6 That the property shall be maintained in an orderly fashion Code
by providing regulaz landscape maintenance, removal of Enforcement
trash or debris, and removal of graffiti within twenty-four
(24) hours from time of occurrence.
7 All clinical reseazch pharmaceutical products used shall be Public Works
properly disposed of without using the building toilet or City
sanitary sewer system as a means of disposal..
8 That subject property shall be developed substantially in Planning
accordance with plans and specifications submitted to the
City of Anaheim by the petitioner and which plans aze on file
with the Planning Departmenf marked Exhibit Nos. 1
through 5, and as conditioned herein.
9 Hours of operation shall be limited to Monday through Planning
Saturday 7:00 a.m. to 10:00 p.m. with the exception tktat
clinical reseazch involving overnight stays by study
volunteers shall be allowed with physician supervision and
medical support staff in attendance during such periods.
10 Approval of this application constitutes approval of the ' Planning
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 regazding any other applicable ordinance,
regulation or requirement.
11 That timing for compliance with conditions of approval may Planning
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 towazd establishment of the use or approved
development. Extensions for further time to complete
conditions of approval maybe granted in accordance with
Section 18.60.170 of the Anaheim Municipal.
-3- PC2008-***
No.
Conditions of Approval Responsible ffor
Monitoring
12 This permit is approved without limitation on the duration of Planning
the use. Amendments, modifications and revocations of this
permit may be processed in accordance with Chapters
18..60.190 (Amendment of Permit Approval) and 18.60.200
(City-Initiated Revocation or Modification of Permits) of the
Anaheim Municipal Code.
BE TT 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 declazed 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 ofbuilding permits for this project,
whichever occurs first. Failure to pay all chazges 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 Mazch 31, 2008. 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
-4- PC2008-***
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 31, 2008, 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
2008.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-5- PC2008-***
Exhibit A
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rcco Please note the accuracy is +/- two tc five feet.
Subject Property e
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it No. 2008-05301
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1085 North Harbor Boulevard toso3
AT"rACIIl~IEIV'T IV®. 3
better of ®peration
Advanced Clinical Research Institute
1085 N. Harbor Blvd
Anaheim, Ca
Advanced Clinical Research Institute (ACRD, is a privately owned company that
facilitates pharmaceutical companies with the oversight of conducting clinical research
trials in a variety of therapeutic azea. It has been conducting business at the Anaheim
Memorial Hospital complex since 1977. The azeas of reseazch ACRI conducts include:
heartburn, insomnia, vaccines, hypertension, diabetes, arthritis and back pain.
ACRI will conduct overnight stays at the property by the study volunteers usually
ranging from 1-2 nights. A maximum of 20 bedrooms are proposed for facility.
Additionally, there will be a support staff member for every 10-14 volunteers, including a
California licensed physician.
Proposed hours of operation are Monday through Saturday 7:OOAM until 7:00 PM with
the additional need of a couple of overnight stays per week which would then require 24
hour coverage by the staff
Item 6
RM-0
RM-0
VILLA PACIFICA
APARTMENTS
40 DU
RM-4
CONDOMINIUMS
64 DU
RM-4
CASA SERENA
APARTMENTS
taD Du
March 31, 2008
Subject Property
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Conditional Use Permit No. 2008-05302
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2500 West Lincoln Avenue ,osoa
LINCOLN AVENUE ~32~,-~
CHAIN AVE
March 31, 200$
Subject Property
Conditional Use Permit No. 2008-05302
2500 West Lincoln Avenue
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July 2006
i~_Y
I)~AIF'I' A')["I'ACE1V'I' N®. 1
RESOLUTION NO. PC2008 ***
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING A CATEGORICAL EXEMPTION, CLASS 1 (EXISTING
FACILITIES) AND CONDITIONAL USE PERMTT NO.2008-05302
(2500 WEST LINCOLN AVENUE)
WHEREAS, on April 12, 1976, the Anaheim Planning Commission adopted
Resolution No. PC76-71 in connection with Conditional Use Permit No. 1609 to permit on-
premises consumption of beer and wine in a restaurant at an existing retail center located at 2500
West Lincoln Avenue; and
WHEREAS, on April 11, 1977, the Anaheim Planning Commission adopted
Resolution No. PC77-90 in connection with Conditional Use Permit No. 1701 to permit a
cocktail lounge with dancing with waiver of minimum kitchen azea and number of pazking
spaces in a restaurant at an existing retail center located at 2500 West Lincoln Avenue; and
WHEREAS, the Anaheim Planning Commission did receive a verified Petition
for Conditional Use Permit to permit an entertainment cover chazge (public entertainment) for an
existing restaurant, for certain real property situated in the City of Anaheim, County of Orange,
State of California, shown on Exhibit A, attached hereto and incorporated herein by this
reference.
WHEREAS, this property is currently developed with a multiple tenant retail
center within the Commercial General zone and the Anaheim General Plan designates this
property for Corridor Residential land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on March 31, 2008, 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, 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.
WHEREAS, said Commission, after due inspection, invesfigation 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 detemune the following facts:
1. That the proposed restaurant with an entertainment cover charge is properly one
for which a conditional use permit is authorized by Anaheim Municipal Code Section
18.08.030.040.0402 (Recreation-Commercial indoor); and
2. That the proposed use would not adversely affect the adjoining land uses and the
growth and development of the area in which it is located because the operation would be _
contained within the existing building and would not adversely affected surrounding azeas; and
3. That the traffic generated by the use would not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the azea, because adequate
pazking is provided on-site for the intended use and the proposed use would not increase the
intensity of the existing restaurant; and
4. That granting this conditional use permit, subject to the conditions imposed, will
not be detrimental to the health and safety of the citizens of the City of Anaheim; and
5. That *** indicated their presence at said public hearing in opposition; and that
*** was received in opposition to the subject petition.
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:
Responsible
No. for
Conditions of Approval Monitoring
OEI~ERti L ~ ,~~ ~ K :~ ~~ ~~ ~'~~ ~; ~ ~
.r'4[ s~i.t .:Px ~ t ., f .
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1 That subject property shall be developed substantially in accordance Planning
with plans and specifications submitted to the City of Anaheim by the
applicant and which plans are on file with the Planning Department
mazked Exhibits No. 1- 4 and as conditioned herein.
2 That any and all signs used for advertising subject business and Planning
entertainment performance(s) shall conform to the City sign ordinance
and requirements.
3 The permitted event or activity shall not create noise or sound levels which Police/Code
could potentially violate an ordinance of the City of Anaheim. (Section Enforcement
4.16.100:010 Anaheim Municipal Code):
4 . The applicant shall obtain a public dance hall permit pursuant to Business
requirements and regulations of Chapter 4.16 and 4.18 Anaheim License
Municipal Code.
Responsible.:....
No. for
Conditions off Approval Monitoring
5 At all times that dancing is being permitted, security measures provided Police
shall be adequate to deter unlawful conduct on the part of employees or
patrons, or to promote the safe and orderly assembly and movement of
persons and vehicles, or to prevent disturbance of the neighborhood by
excessive noise created by patrons entering or leaving the premises.
(Section 4.16.070 Anaheim Municipal Code).
6 Any and all security officers provided shall comply with all State and Local Police
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)
7 The operation of any business under this pemut, shall not be in violation of Code
any provision of the Anaheim Municipal Code, State or County ordinance. Enforcement
(Section 4.16.100.010 Anaheim Municipal Code)
8 The sale of alcoholic beverages for consumption off the premises shall be Police
prohibited.
9 The number of persons attending the event shall not exceed the maximum Fire
occupancy load as determined by the Anaheim Fire Department. Signs Department
indicating the occupant load shall be posted in a conspicuous place on an
approved sign neaz the main exit from the room. (Section 25.114(a) Uniform
Fire Code)
10 The doors shall remain closed at all times that entertainment is permitted, Code
except during times of entry or exit, emergencies and deliveries. (Section Enforcement
4.18.110 Anaheim Municipal Code)
11 The business shall not be operated in such a way as to be detrimental to the Code
public health, safety or welfaze. (Section 4.16.100.010 Anaheim Municipal Enforcement
Code)
12 All employees shall be clothed in such a way as to not expose "specified Police
anatomical azeas" as described in Section 7.16:060 of the Anaheim
Municipal Code.
13 No minor under the age of sixteen (16) yeazs shall be allowed to attend the Police
dance, unless accompanied by a pazent or legal guazdan. (Section
4.16.060.010 Anaheim Municipal Code).
Responsible
No. for
Conditions of Approval Monitoring
14 The business shall not employ or permit any persons to solicit or encourage .,Police
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 Control Act).
15 The business shall be maintained as a legitimate restaurant as defined in Police
Section 18.01.190 Anaheim Municipal Code, and contains an area designed
and utilized for food preparation which constitutes not less thantwenty-five
percent (25%) of the gross floor area of the establishment. (Section
4.16.050.030 Anaheim Municipal Code).
lb The floor space provided for dancing shall be free of any fiuniture or Police
partitions and maintained in a smooth and safe condition. (Section
4.16.050.010 Anaheim Municipal Code).
17 Any violation of the application, or any attached conditions, shall be Planning
sufficient grounds to revoke the permit. (Section 4.16.100:010 Anaheim
Municipal Code):
18 There shall be no amusement machines, video game devices, or pool Police
tables maintained upon the premises without issuance of proper permits as
required by the Anaheim Municipal Code.
19 No alcoholic beverages shall be consumed on any property adjacent to the Police
licensed premises under the control of the licensee(s).
20 Petitioner(s) shall police the azea under their control in an effort to prevent Police/Code
the loitering of persons about the premises.
21 Petitioner shall not shaze any profits, or pay any percentage or Police
commission to a promoter or any other person; based upon monies
collected as a door chazge, cover chazge, or any other form of admission
chazge, including minimum drink orders, or the sale of drinks.
22 That approval of this application constitutes approval of the proposed Planning
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 regazding any other applicable ordinance,
regulation or requirement.
Responsible-
No.
Conditions of Approval for
Monitoring
23 This permit is approved without limitations on the hours of operation or Planning
the duration of the use. Amendments, modifications and revocations of
this permit maybe processed in accordance with Chapters 18.60.190
(Amendment of Permit Approval) and 18.60.200 (City-Initiated
Revocation or Modification of Permits) of the Anaheim Municipal Code.
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 declazed 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 Mazch 31 2008. 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 Moms, 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 Mazch 31, 2008, 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
2008.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
Exhibit A
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RESOLUTION N0, PC%%r00
A iIESOLUTIIIII Of TIIC nNAHCIIA CITY PI,ANNINO COMHI„710N '
THAT PETITIDtI FU11 CONUITIONAI. U5C PCnMIT N0. )%01 Uf. fiM11TIiU
WIILRCA9, tho nmihnl,n C.lty Pinnnlny CanunlnSlon' dl~i rncelv,: „ verified
Potltion Fur ConUltlonai llsr Porudt Fram ANNiEIM LINCOLN Cf.NTf:n, c/o nny W, U~Call,
4941 Oramin Avanda, Cyprnas, Callfornta 7~f~30, (Ownarc)'oP cartnln real prnporty
altunted In the City of Anahalm, Cuunty of Oranpn, Statn of Califarnlo, dascrlUaO ns:
PARCE6 tt
Thnc portion of thn Onrth half of thn Northwest qunrtur of Sactlan
IR, Township 4 South, Itanpa 10 Was t, In Cho Rancho Loa Coyotes, os
par map roeordud In Unok 51 Pape 10 oP Hlscallnnoous Baps, ih the
office of the County Recorder oP sold cdunty, described as
buplnninp at the'. Northwest cnrnsr of Lot 23, Tract No. GG71,
rocarddd In Uook 2!.0 Papns 20 and 21 of 'Mlscallanuous Maps,
racorda of sold Orengr County; hainq dlso eha Southrnst eorgar of
Parcel 1 as described In n OeoJ to the City of Anahailn, recorded
January )0, 19G'J In book 80G0 Pega 220, O4ficlal Records; thonco
along thn boundary of shld land of the City of Anaheim the
following coursrs: North O1° OT' 11" Wast 104,9% foot to the
Uopinnlnp of a curve ioncave Sautheas wrly, hoeing n rodlls oP
25,00 foot Nortl+rbly and tJOrthoastarly 39.26 fact. through a
central angle of h9 5!1' 11" ko n Ilea that Is parallel with and
Southerly b6,00 feat from the North lino of sold Northwest
quertar; thencn along salU perall°I ll~c North 06° 50' 00" `East
333.21 fecC to an In torsectlon with the Northerly prolongation of
the Easto'rly boundary of said 7roct No. G691; thanee South 00° 11'
1B" East 210.00 Pact along said Uorthorly prolanpatlon to the
Northeast corner of sold Troce No, G671; thoneo South U0° 50' 00"
West 350.19 feat abonp ,the Northerly 6aundary of sold Treat Na,
Gb91, to Chu point of boplnning,
Except that portion described as followst
Uog(nnin~ at 'a po ha on. the Nord: line oP.sold Nortirv+est quertar
South UU 5U' 00" West T2G%.32 feet from ~ha Norti:aast corner of
sold Northwest quertar; Chance South 00 tl' 15" East GG;00 feat
to o-point on aline that Is parollal with and distant Southerly
GG.Op teat from .sold Wo Rh 11ne, being the true point oP
bapinnlnyl thencn cantlnuing South 00° 11' 15" East 109.00 feet;
` thence North 09° 02' 00" West 44.00 foot, thence North QO° 11' 15"
WoSI IG,00 feet; lhnnce South B9°,02' UOa East 34.00 feet; 'thence'
North QO° Ii' OO" Wast 93.00 feat to a point In sold parallel'
line; thanes North Bls° 5tl' 00" East 10.00 Feat along Said porallcl
lino to the Grua poh,t of beginning.
RESOLUTION N0. PC77-90
rnnr.Et a:
That portion of Cho Ilnrth half of the Northwest qunrtur nF Secclun
1D, Township h Snuch, Range t0 Wosl•, In the Ranchn Lus Gtyutos, .+s
put map rocnrdod in Oook 91 rago )0 of Mlscollanoous Mnpri, In th+!
OPPica of the County Rocordor of sold county, described as
bn+Ilnnin+~ nt a polirl on th,t Ilarth Ilnu of anlti Northwest qunrwr
Snuch dD 51%' DD" 1Jast 17,G'7.32 Funt from thr, Narlhenst rornr.r of
sold Northwoal guar tar; ihoncn South DOO 11' 1r" lent GG.On 1'nni
to a point'on a Ilnu thole Is pnrallot with and dlatont Southerly
GG,OD Pent from nnld North lien, boing the true point of
buylnning; Chrneo tnntihuing South DDo 11' 19" East 109,On Paat;
titan co North 119° Ol' Og" Wust +di,00 Far.tl thonce North 00° 11' 15"
West 16,D0 fart; thahce South U9° 02' q0" East 3h,00 Faut; thence
North 00° 11' 00" Wost 93.00 feat to a oolnt In said patella)
Ilno; thence North Ui;° y0' 00" East tO,OD Feet along sold parallel
lino to the true point oP baglnningl and
NIIEREAS, the City Plannlny Commisslan did hold a public haarthg nt the City
IIsl1 In thn City of Annholm nn April 11, 1977,'at it 3n part., nntlco oP sold public
hearing hnving Noon duly gluon es required by law and In aecordonce with the
provisions of the Anaheim Munlcinal Coda, Chapter 1N,03, to hear and consider
avideneo for and agninat sold proposed eondltlonal use and to investigate and make
findings and recomnahdatlons In connoctlon thrrewith; and
WIIEREAS~ sold Commission, aftrr duo inspection, Investlgatlon and study mods
by Itsu)f and In Its behalf, end eftnr duo cansidoration of all evldonce 8nd reports
offoraJ at sa1.d hearing, dons find and dotarmine the followiny factst
L That the proposed use is properly ono for which a conditional use
permit Is author{zad by Anaheim Manic-pal Code sections 1a,03,D30,D10 and
10.44.D5D,OIU, to wilt permit the expanslph of an existing restaurant to Include a
cocktail loungo with dancing, with waivers of:
a. SEC1'i0N IN.01.190_ - Hfnimum kitchen o~na,
o restaurant loot area raquirad;
appraximetnly 216.proposad)
b, SECTION ifl.OG.O(,t1.0232 - Mlnlmtnn number of arkln sifices.
I spaces reryu ra spaces proposed)
2. That the, prapnsad use Is heroby gran tad on the oasts that I[ Is an
exponslan of nn existing use nt the sdbjuct tocatlon, sold use not having Leen
detrlmuntal to the area.
3. Thou Wolver 1-a, above-montloned, is heroby yrantnd on the basis that
the pe tt Ei ancr stipulated that restaurant seating w111 not he expanded beyond that
which Is su dellnedten un the aubmlttad pines; that the petitioner stipulated that
the storogp rooms Jnslgrtate4 un the suhmltteJ pions would be utilized as poetry
storayo ~ht connuetlon wick fnoJ pru~,nrationi and, since portions of the total floor
area will bu for danclnry and tncktall lounge uses only, iha requested waiver of
percentage of restaurnht fluor space designated for kitchen eras Is determined to be
minimal.
-2- RESOLUTIOiI N0. PC77-90
il, That Walvar 1-6, above-mcntlanud, Is hereby yrmrted on the 1>aslr that
pook purklnp apace mods for the prapaaud use wlil ba at dlffarvmt tlures then the
other urns In the subJacl eomumrelel canter and, thuraforo, rha oxlstlnfl parkin{; an
the site 19 determined to ba adrqunto for kho proposed oxpanslnn,
i. That Cha propose+l udu will nut ndvaraely afloat the adJolning lan4 use:.
and the growth and devulnpswnt uP the nraa In which It la proposed to he Incauul,
G, That the alas and ahapu of the slCa proposa7i fur thr: usn Is eluqunl:a Ur
allow the full davelnpmunt aF the proposed use In a manner oat detrAnaotal to the
particular area nor to the pence, hrolth, saPaty, and general wnlFarn of the Citizens
of tho City oi' Anaha hn.
7, Thot the granting of the Conditfonol Uso Permit under the condltlans
imposed will not Im dotrlmantal en the ponce, health, safu~y and yenoral walFaro of
the Cttlzans of Chn City of Anaholm.
4, Then rw and Indlrntad Lhulr presence of said public hearing in
opposl¢lum, and that no eorrespandance was roealvoJ In opposltlon to thrs stab,{act
patltlon,
CNVIIIONMENTAL IMPACT FIIIOIPIOt That the Olruclar of the Plarminy Deportment
has deform ne tot t o propose act vity falls within the daptnitlon of Soctlon
3.01, Glees 1, of the Clty of Anaholm Gullallnas to the Raqulremants for an
Cnvlronmantnl Impact Ilopurl and Is, therefore, eatngorlcally axompt From the
roqulrumant .to file an CIIL
FlON, TIICRCFORE, UE IT RESOLVL6 that the Anaholm Cl.ty Planning Comnisslan
does hcroby grant subJoet Petition for Condltlonal Usa Pormlt, upon tho following
candltion which Is hereby faund to bo a nocessary proroqulslto to the proposed use of
tho subJuct property in order to preservo the safety and yenoral welfare of tho
Cltfaons of the Clty of Anaholm:
1. That suUJact Property shall Ua lcvalopad substantially In aceordonce
with plans and spactflcatlons art file with the CIEy of Anaholm morkol Exlrlblt Nos. 1
through 3, as stipuletml to 6y ehc petlkioner,
711L•' FORCCOING itCSOLU710N Is slgnod and approval by ma this 11th day of
Aprli, 1877.
lOrlglnal signed 6y Glen L. Jahnsanl
C IAI IV1N, AI 1 M L PLIi 1 NO 5 ON
ATTL'ST;
(Dr~ainal slFnetl by Patrlrla E, Scanlan}
SECRETARY, AKA}>L111 CITY I'LANNINC.CpMM155{Irtl
STATE OF CALIFORNIA ) ,
COUNTY OF ORANfiE ) 5s,
CITY DF ANANEIN )
-;- RESOLNION N0. PC77-90
i, Patrlala D. Scanlan, Sanatory of tha Anahaim City PinnnlnD Cnrtmisslon,
do hnrcby eurtlfy that tho forogolnU rosolutlon waa passdd and adoptod at, a inaatlnD
of tho Anahulm Clty Plannlnp Cnrcnnlaslan bald on Aprll 11, 1977, of is;D p,m., by thrs
folimulnD votm oP tha mamhara tlwroaf:
AYES: CDMMISSIDNCRSt UARNCS, DAVID, IfCRDST, KItIG, T04AR, JOIItJSOiI
NOLSt CDMMISSIDIIERSt NOfll;
ADSGFIT: COMMISSIDNCRSr NONC
VACANf,Y: OFIC' SCAT
IFJ WITIICSS W118REOp, i Aavu horaunto sat my bond this 11th Jay op AprI1,
i977~
(Original signori 6y Patricia D, Scanlan)
-4- RESOLU710N N0. PC77-90
Ths City CouneSl, at their mooting held 5-7-77 ~
took na Furihor action on C.U.P, ND. 1701 ~
thereby sustaining the action taken by tho City Planning Commisslon•
Q
Deputy. City Clark
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RESOL11T 1011 h10. PC75-71
RESOLUTION OF THE CITY PLANlIIHG CDHNISSION OF THE CITY OF AHAHEIII
THAT PETITION FOR COtIRI TIONM1L USE PERMIT NO, "1609 BE GRAtITED,
Y111EBEA5, the City Plannl ng Commiss ion of the Clty:of Anaheim did reeelvea
verified PetiClon for Conditional Use Permit from ANAHEtl1-LINCOLN CENTER, Attn: R°y
DeCcll, 8941 Orange Avenue, Cypress, California .9053 (Owner) of wrtaln real
property situated In the City of Anaheim, Coun[y of Orango, State of. Ce ll fornla
des crlbed es:
PARCEL 11
TIIAT PORTION OF THE 110RTH HALF OF TI{E NORTHWEST QUARTER'DF 5ECT1011 1R, TOWNSHIP 4
SOUTH, RANGE 10 WEST,~IN 711E flARCHO LOS .COYOTES, IN THE CITY OF AIIAIIE IM, COUNTY
OF ORAIJOE, STATE OF CALIFORtIIA, A5 ~ PER MAP RECORDED IN BOOR 51 PAGE 10 DF
!II SCELLAHEOUS MAPS, IN THE OFFICE OF THE COIIFITy RECORDER OF EAIR COUNTY,
DESCRIBED AS FOLLOWSt ~~
OEGINNIJIG AT THE IIORTtIWEST COBWEB OF LOT 25, TRACT N0. 6641 RECORDED IN BOO Y, Z50
PAriES 20 AND 21 OF I1ISCELLANEDUS NAPS, RELOADS OF SAID ORIUIOE COUIITY, BEI HO M1LSO
Tt1E SOUTHEAST CORNER OF PARCEL 1 AB DESCRIBED IN A DEED TD THE CITY OF ANAHE IN,
RECORDED UAt1UARY 30, 1969 IN 8001( 8850 PAGE 228OF OFFICIAL RECORDS; THENCE ALONG
THE BOUNDARY OF SAID LAND OF THE CITY•OF ANAHEIM, THE FOLLOIJING COURSESt IIORTH
01° O1' 11" WEST 184.97 FEET TO THE BEG INNIIIG OF A CURVE CONCAVE SOUTHEASTL•RLY,
HAVING A RADIUS OF 25.D0 FEET'NORTI{ERLY AND NORTHEASTERLY39.26~FEET THRQUGN A
' CENTRAL At{G LE OF 09° 5?' 11" TO A LINE 7hMT IS PARALLEL WITH AND SOUTHERLY 66.00
FEET FROM THE NORTH Lit{E OF SAID NORTHWEST QUARTER; THEtICE ALOtIR SA10 PARALLEL
LiIIE NORTH 88° 58' 00" ERST 333.21 FEET TO All INTERSECTION WITH THE NORTHERLY .
PRDLONGA710N~ OF THE EASTERLY BOUNDARY OF SA10 TRACT N0, 6691; THENCE SOUTH
00° 11' 10" EAST 210.00 FEET ALONG SAID NORTIIERLY PftOLOtIGAT10N TD' THE'NORTHEAST
CORf1ER OF SAID TRACT N0. 6Ao1; THENCE SOUTII 88° 5fl' 00" WEST 358,19 FEET ALONG
THE NORTHERLY BOUNDARY DF SAID TRACT N0: 6691 TO THE POItIT OF OEGINNIHG,
.EXCEPT THAT PORT10tl DESCRIBED A5 FOLLOWSI
OEGINNIHG AT A PO IfJT OtJ THE NORTH LINE OP SAlO NORTHWEST ,QUARTERSOUTH 88° 5H'
p0" WEST 1267.32 FEET FROM THE NORTHEAST CORt1ER DF SAID NORTHWEST QUARTER; THENCE
SOUTH 00° il' 15" EAST 66,00 FEET TO A PO1NT OH A LINE THAT IS 'PARALLEL WITH AND
DISTANT SOUTHERLY 66.Q0 FEET FRDN SM1tD NORTH .LINE BEING THE TRUE POINT DF
BEGItR11TIG; THENCE CONTINUING SOUTH 00° 11' 15" EAST 109,00 FEET,. THENCE NORTH
89° 02' 00" WEST 44.00 FEET; THEtICE NORTH 00° 11' 15" WEST 16.00 FEETi THENCE
SOUTH 09° 02' 00" EAST 34.00 FEET; THEIJCE NORTH OD° 11'00" WEST 93.00 FEET TO A
PDIt1T IN RAID PARALLEL LINE; THEtICE NORTH 88° 58' OD" EAST 10.00 FEET ALONG SAID
PARALLEL LIRE TO THE POItR 'OF BEG IlI111N0,
PARCEL 2:
THAT PORTION. OF THE IJORTH HALF DF THE NORTHWEST QUARTER OF SECTION 18:, TOWNSHIP 4
SOUTH, RANGE 10 WE5T, III TIIE RANCIfO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY
OF ORANGE, STATE OF CALIFORIII A, AS PER tUIP RECORDED IN BOOR 51 PAGE 10 OF
H~t SCELLANEOUSMAPS, IN. THE OFFICE OF THE CDUNTy RFCnRDF.q OF SA10 COUNTY,
0-c5CRI0EU AS FOLLOWS: ~ '
BEG RINING AT A PO IIR OH THE NORTH LINE OF SA10 NORTHWEST QUARTER SOUTH RB° 58'
00" WEST 1267.32 FEET FROM THE NORTHEAST CORNER OF SAID't10RTHWEST QUARTER; THENCE
SOl1TN OD° 11' 15" EAST 66,D9 FEET TO A PO INT ON A LINE THAT 15 PARALLEL WITH ANO
DISTANT SOUTHERLY 66.00 'FEET FROM, SAID; 110RTH LINE BEING THE TRUE POINT OF
BEGI NII RIG; THENCE COIIT INI1111G SOUTH OD° 11' 15" EAST 109.00 FEET, THENCE NORTH
89° 02' 00" WEST 44.00 FEET; THENCE NORTH 00° 11' 1~" WEST 15.00 FEET; THENCE
SOUTH 89° 02' 00" EAST 34.00 FEET; 7NENCE NORTH QO 11' 00" WE5T 93.00 FEET TO A
POINT IN SAID PARALLEL LIIIE; THENCE NORTH 80° 58' OD" EAST 1D.00 FEETACONG SAID
PARALLEL LINE TD THE TRUE POINT OF BEGINNING,
WHEREAS, the C(ty Planning Corunlsston did hold a puhlic hraring at the Clty
Hall In she C)Cy of Anaha lm on April 12, 1976, at 1:30 p.m. ,n°tl ea of said public
hearing having been duly given as required by la~•; and in accordance with the
provisions of the Anaheim Huniclpal~Code, Chapter 18.03, to hear and consider
evidence For and against said proposed eondltlonal use and to~)nvestigat° and make
Findings and rec°nnnendatians In.connectfon therewith; and '
".. RESOLUTION N0. PC 76'7)
WHEREAS, Bald tommtssion, after due Inspection, investigation and study made
by Itself and In Its behalf, and after due cons ldera lion of all evidence and reports
offered~at said hearing, does find and determinq Che folFowing feeCS: ~ ~---
1. That the proposed use is properly one fnr whl eh a eondl tlonat use
permit Is authorized by Code gectlon 18,44.050.010, to wl t: permit "on~sa la"-,beer
and wl ne in an exist) ng restaurant..
2. That the pets tloner Ihd leafed that beer and wine will he'sold in
eonjunetlon wl th the serving of meals only.
3. ~7hat the proposed use will not adversely affect [he aJ)oinln8 land uses
and the growth and developmenk of the area In which it is proposal to be leested.
4. Thai the s(ze and shape of the site proposed for the use is adequate to
allow the full development of the proposed use In a manner not detrimental to the
partleuler area nor to the peace, health, safety, and genera) walfpre df the Citizens,
of the Clty of Anaheim.
5. That the granting of Lh°_ Conditional Use Permit under the conditions
Imposed, If any, will not be detrimental to the peace, health, safety and general
welfare of Che Cl tizens of the City of Anaheim.
6. Thot no one indl ca tad their presenco at said public hearing in
opposl tlon; and ho correspondence wos received in opposition to suh)ect petition.
ENVIROHHENTAC IMPACT REPORT FINnINO:.
That the DlTeetnr of the Planning Department has determined that the
proposed activity falls within the definition of gectlon 3.Oi, Class 1, of the Clty
of Anaheim Guidelines to the Requirements for an Envl ronmental Impact Report and is,
therefore, ea tegorteaily exempt from the requl remant to file an EIR.
NOW, THEREFORE, BE IT REgOLVED Shat the Anaheim tlty Pl ann ing tommiss ion
does hereby grant subJ eeC Petition for Cpndl Clonal Use Pe.rmlt, upon the fdll avl ng
candltfans which ere hereby found to be a neeessa ry prerequlsl to to the proposed use
of the subJ eat propo rty In order toprese rve the safety and genoral welfare of the
Citizens of [fie Clty of Anahalm:. ~ -
1. That su63eat propdrty shall ba developed sub'stanttally Inaemrdanee
with plans and speclflcatlons on~Pile with theCity of Anahalm marked Exh161t Nos, i
and 2. '.
2. That the beer andwina shall he sold In conJunetlon with theserving of
meals only,
THE FOREGOING RESOLUTI011 I5"signed end approved by me this 12th day of
Apr'f Ir 1976. -
!C'rlginat signed by Floyd Feranoy
C A RMAt, ANAH IN CIT NN IF7G CO.H 5510
A7TE5T:
(Original signed 6y Patricia B. Scanlan)
SECRE ARY, ANAHEIM CITY PLANNING LONHISgIOtI
STATE OF CALIFORNIA
COUNTY OF ORANGE )ss,
CITY OF AIIAHE 111 ) ,
i, Patricia D. Scanlan, Secretary trf[hei Cl ty Planning Camnl salon oP the
Cl ty of Anahalm, do hereby certify that the foregoing resolution was passed end
adopted of a meeting of the Cl ty Planning tommisslon of the C1 ty of Anahalm, held on
April 12, 1976, at 1:30 p.m., by the foi lowing vote of the members thereof:
AYES: tOHHI5S1011ERSt BARNEg, HERCST, JOHIISON, KI Nry MORLEY, TOLAR, FARANO
NOES: COHN 19510NER5r IIOHE '
ABSENT: tOHNIgS10NERg: ~. NONE
WI THESg WHEREOF, I Nava hereon to set my hand th(s t2th day of Ap rll, 1976.
(Orginal signed by Patricia B. Scanlan)
' - CREtgRY, ANAHEIM C ITY PLANNING CONHIgS ION
... ,, .. -2- ., ..: Rl:SQLUTIOH N0.•PC76a71~'°.,
03(05/2008 03:45 9095905166
>EP-22-2000 01:41P FROM~WIS SEOIV;, A 6262149026
[]FFICEMAX
7 714527'c'kllb
PAGE 61161
F~ 1~'1
~r5 "lam / N ~.PJ
ATTACIENT N®. 3
To The City of Anaheim:
Costs Rica Restaurant is requesting a Conditional Use Permit under Code section
18.Ofi,030.040. Cturently Costa Rica Restaurant holds atype-47 ABC license.
The type of use Costa liica Restaurant would participate in would be to provide patrons
wish cultural events from Costa Rica suoh as Corm Iiiean singers and musicians, W®'re
attemptipg to provide the community an opportunity to broaden their horizons and gain
knowledge and appreciation of such a wonderful and diverse culture, Bringing such a
cultural live entertainment to the community comes with a cost. Therefore, we are
applying for a Conditional Use Permit to allow us the possibility of praviduag such
worldly entettaioment to our patrons. The type of music will rearain the sanne; piano
and/or organ accompanying a vocalist. Our business Deters to a mature audience of over
30 years of age on average.
It was brought to Costa Rica Restaurasrt's attention that the staffs of the Anaheim
an~inerease is calls for service and reports m the future. Anaheim Police Department
,~aa~ s~rv~ fiat aasSi'1~, the ,'~'+~sat~9a~ ~S~sc+.°,kaoc: 1Sv^ ~rsorvn~ ~ i ~ ~'
reports taken for the complex that Costa Rica Restauraot is located_ The records state
`Ytuc'tn,5,tle•i`fJ'~.~tu13-xfirsetvri~ats~l'i'i roparr5'ttncen, om~+a'fiur or'tHese aai1.0 lkS~'
Alarm cabs) where specifically for the Costa Rica Restaurant. Costa Rica Restaurant
6eiieveq tFiat there will not be an increase in ca[fs for service iftins proposaSzs granted.
As stated, previously per Anaheim Police Department records, there have only been calls
for 459 alarms and not for dist,ubance calls,
As the vine president of the Orange Country Costa Rican Liens Cluls and active member
of rho Iaternetional Lions Club we are the proud host locations for the Consulate of Costa
.Rica, The hosted events have included and served many prestigious Coats Rican oitizena
and diplomats. VJe are proud to bring such positive influence to the city of Anaheim.
F~rthennore, we ask that you look favorably upon our request end that you apptvve our
Conditiansi Use Permit,
Sinoerely,
i''emana'o ana k"sl'sa L~chandi
Costa Rica Restaurant
Fernando Echandi