PC 2005/11/28Anaheim Planning
Commission Agenda
Monday, November 28, 2005
Council Chamber, City Hall
200 South Anaheim Boulevard. Anaheim. California
Chairman: Gail Eastman
Chairman Pro - Tempore: Cecilia Flores
Commissioners: Kelly Buffa, Joseph Karaki, Ed Perez,
Panky Romero, Pat Velasquez
. Call To Order
Preliminary Plan Review 1:00 P.M.
• Staff update to Commission on various City developments and issues
(As requested by Planning Commission)
• Preliminary Plan Review for items on the November 28, 2005 agenda
Recess To Afternoon Public Hearing Session
• Reconvene To Public Hearing 2:30 P.M.
For record keeping purposes, if you wish to make a statement regarding any
item on the agenda, please complete a speaker card in advance and submit it to
the secretary.
Pledge Of Allegiance
Public Comments
Consent Calendar
Public Hearing Items
. Adjournment
You may leave a message for the Planning Commission using the following
e -mail address: plan ningcommission(a)anaheim .net
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Page 1
Anaheim Planning Commission Agenda - 2:30 P.M.
Public Comments:
This is an opportunity for members of the public to speak on any item under the jurisdiction of the
Anaheim Planning Commission or public comments on agenda items with the exception of public hearing
items.
Consent Calendar:
The items on the Consent Calendar will be acted on by one roll call vote. There will be no separate
discussion of these items prior to the time of the voting on the motion unless members of the Planning
Commission, staff or the public request the item to be discussed and /or removed from the Consent
Calendar for separate action.
Reports
1A.(a)
and Recommendations
CEQA NEGATIVE DECLARATION (PREVIOUSLY - APPROVED)
Request for continuance
(b)
GENERAL PLAN AMENDMENT NO. 2004.00421
to December 12, 2005
(c)
RECLASSIFICATION NO. 2004.00137
(d)
VARIANCE NO. 2004 -04633
(Tracking No. VAR2005- 04671)
(e)
TENTATIVE TRACT MAP NO. 16794
Agent: Yadvinder S. Virk, Castle Development, LLC, 9017 Harvard
Avenue, Buena Park, CA 90620
Location: 502 South Harbor Boulevard: Property is approximately
12 acres, located on the southeast corner of Harbor Boulevard and
Santa Ana Street.
Project Planner:
Request for approval of final site, floor, elevation and fencing plans for
(avazauez onanaheinn.net
a 7 -unit single family residential subdivision.
Q.S.
Continued from the November 14 2005, Planning Commission meeting.
713. Receiving and approving the Minutes from the Planning Commission
Meeting of October 31, 2005 (Motion)
7C. Receiving and approving the Minutes from the Planning Commission Request for continuance
Meeting of November 14, 2005 (Motion) to December 12, 2005
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Page 2
2a.
CEQA NEGATIVE DECLARATION
2b.
WAIVER OF CODE REQUIREMENT
2c.
CONDITIONAL USE PERMIT NO. 2005.05028
2d.
TENTATIVE PARCEL MAP NO. 2005 -247
Owner: Calvada Development, Shawn Danesh, 26996 La Paz
Road, Aliso Viejo, CA 92656
Agent: Meg Beatrice, Architecture M, 808 East Ocean Boulevard,
Suite 105, Long Beach, CA 90802
Location: 1131 West Lincoln Avenue: Property is approximately
0.39 -acre, located at the northeast corner of Lincoln
Avenue and Carleton Avenue
Conditional Use Permit No. 2005 -05028 - Request to construct a 3,897
square- foot *, three unit commercial retail center including a drive - through
coffee shop (Starbucks) with waivers of (a) minimum landscaped setback,
(b) minimum number of parking spaces, and (c) location of drive - through
lane.
Tentative Parcel Map No. 2005 -247- To establish a 1 -lot commercial
subdivision.
Continued from the October 31, 2005, Planning Commission meeting.
Project Planner:
Conditional Use Permit Resolution No.
(ioramirez(o)anaheim.net
Q.S. 62
*advertised as 4,100 square -foot
3a.
CEQA NEGATIVE DECLARATION
3b.
WAIVER OF CODE REQUIREMENT
3c.
CONDITIONAL USE PERMIT NO. 3902 (READVERTISED)
(Tracking No. CUP2005- 05022)
Owner: Bhupinder S. Mac, 20021 Ventura Boulevard, Woodland
Hills, CA 91368
Agent: Andrew Paszterko, 2055 North Alvarado Street, Los
Anaheim, CA 90039
Location: 1200 South Harbor Boulevard: Property is approximately
0.98 -acre and is located at the southeast corner of Harbor
Boulevard and Ball Road.
Request to construct a coffee shop (Starbucks) and to establish a
commercial retail center (with offices) in conjunction with an existing
service station with accessory convenience market with beer and wine for
off - premises consumption and a 2,000 square foot drive through fast food
restaurant with waivers of (a) minimum structural and landscaped setback
adjacent to a local street, (b) required dedication and improvement for
local street, and (c) minimum number of parking spaces.
Continued from the October 3, and November 14 2005, Planning
g
roject Planner:
(jpramirezQanaheim. net)
Commission meetings.
Q.S.
Conditional Use Permit Resolution No.
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Page 3
Adjourn To Monday, December 12, 2005 at 10:30 A.M. for
Preliminary Plan Review.
CERTIFICATION OF POSTING
I hereby certify that a complete copy of this agenda was posted at
4:00 p.m. November 21, 2005
(TIME) (DATE)
LOCATION: COUNCIL CHAMBER DISPLAY CASE AND
COUNCIL DISPLAY KIOSK
SIGNED: (Original Siqned by Danielle C. Masciel)
If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this notice, or in a written
correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing.
RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION ACTION
Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use
Permits and Variances will be final 22 days after Planning Commission action and any action regarding
Tentative Tract and Parcel Maps will be final 10 days after Planning Commission action unless a timely
appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied
by an appeal fee in an amount determined by the City Clerk.
The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing
before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing.
ANAHEIM PLANNING COMMISSION
In compliance with the American with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the Planning Department, (714) 765 -5139. Notification no later than 10:00 a.m.
on the Friday before the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting.
Recorded decision information is available 24 hours a day by calling the Planning Department's
Automated Telephone System at 714. 765.5139.
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Page 4
SCHEDULE2005
December 12
December 28 (Wed)
SCHEDULE2006
January 9
January 23
February 6
February 22 (Wed)
March 6
March 20
April 3
April 18
May 1
May 15
May 31 (Wed)
June 12
June 26
July 10
July 24
August 7
August 21
September 6 (Wed)
September 18
October 2
October 16
October 30
November 13
November 27
December 11
December 27 (Wed)
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Page 5
ITEM NO. 1 -A
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General Plan Amendment No. 2004 -00421
Reclassification No. 2004 -00137 Subject Property
Variance No. 2004 -04633 Date: November 28, 2005
TRACKING NO. VAR2005 -04671
Tentative Tract Map No. 16794 Scale: 1"=200'
Requested By: YADVINDER S. VIRK Q.S. No. 73
REQUEST TO REVIEW FINAL SITE, FLOOR, ELEVATION, AND FENCING PLANS.
502 South Harbor Boulevard 2069
Staff Report to the
Planning Commission
November 28, 2005
Item No. 1 -A
1 -A. REPORTS AND RECOMMENDATIONS
(a) CEQA NEGATIVE DECLARATION (PREVIOUSLY - APPROVED)
(b) GENERAL PLAN AMENDMENT NO. 2004 -00421
(c) RECLASSIFICATION NO. 2004 -00137
(d) VARIANCE NO. 2004 -04633
(Tracking No. VAR 2005- 04671)
(e) TENTATIVE TRACT MAP NO. 16794 (Motion for continuance)
SITE LOCATION AND DESCRIPTION
(1) This irregularly- shaped, 1.2 -acre property is located at the southeast corner of Harbor
Boulevard and Santa Ana Street with frontages of 254 feet on the east side of Harbor
Boulevard and 185 feet on the south side of Santa Ana Street (502 South Harbor Boulevard).
REQUEST:
(2) The applicant requests review of final site, floor, elevation, and fencing plans for a 7 -unit,
single - family residential subdivision-
BACKGROUND
(3) This item was continued from the November 14, 2005, Commission meeting because the
applicant was not present.
(4) This property is currently vacant, zoned RS -3 (Residential, Single - Family) and is designated
for Low and Low - Medium Density Residential land uses by the Anaheim General Plan.
(5) Staff is requesting a further continuance to the December 12, 2005, Commission meeting in
order for the applicant to complete revisions to the final plans as suggested by the
Commission at the November 14 meeting. The applicant is aware of this request and
concurs with staffs recommendation.
(6) That the Commission, by motion, continue this item to the December 12, 2005, Planning
Commission meeting.
var2004- 04633(cont 112805)akv
Page 1
ITEM NO. 1 -A
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Conditional Use Permit No. 2005 -05028 Subject Property
Tentative Parcel Map No. 2005 -247 Date: November 28, 2005
Scale: 1"=200'
Requested By: CALVADA DEVELOPMENT Q.S. No. 62
REQUEST TO CONSTRUCT A 3,897 SQUARE -FOOT, THREE UNIT COMMERCIAL RETAIL CENTER
INCLUDING A DRIVE - THROUGH COFFEE SHOP (STARBUCKS)
WITH WAIVERS OF: (A) MINIMUM LANDSCAPED SETBACK
(B) MINIMUM NUMBER OF PARKING SPACES
(C) LOCATION OF DRIVE - THROUGH LANE
TENTATIVE PARCEL MAP NO. 2005 -247- TO ESTABLISH A 1 -LOT COMMERCIAL SUBDIVISION.
1131 West Lincoln Avenue 2033
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Date of Aerial Photo: May 2002
Conditional Use Permit No. 2005 -05028
Tentative Parcel Map No. 2005 -247
Requested By: CALVADA DEVELOPMENT
Subject Property
Date: November 28, 2005
Scale: 1" = 200'
Q.S. No. 62
REQUEST TO CONSTRUCT A 3,897 SQUARE -FOOT, THREE UNIT COMMERCIAL RETAIL CENTER
INCLUDING A DRIVE - THROUGH COFFEE SHOP (STARBUCKS)
WITH WAIVERS OF: (A) MINIMUM LANDSCAPED SETBACK
(B) MINIMUM NUMBER OF PARKING SPACES
(C) LOCATION OF DRIVE - THROUGH LANE
TENTATIVE PARCEL MAP NO. 2005 -247- TO ESTABLISH A 1 -LOT COMMERCIAL SUBDIVISION.
1131 West Lincoln Avenue
2033
Staff Report to the
Planning Commission
November 28, 2005
Item No. 2
2a.
CEQA NEGATIVE DECLARATION
(Motion)
2b.
WAIVER OF CODE REQUIREMENT
(Motion)
2c.
CONDITIONAL USE PERMIT NO. 2005 -05028
(Resolution)
2d.
TENTATIVE PARCEL MAP NO. 2005 -247
(Motion)
SITE LOCATION AND DESCRIPTION
(1) This rectangularly- shaped, 0.39 -acre property is located at the northeast corner of Lincoln
Avenue and Carleton Avenue, having frontages of 196 feet on the north side of Lincoln
Avenue and 77 feet on the east side of Carleton Avenue (1131 West Lincoln Avenue).
REQUEST:
(2) The applicant requests the following actions:
Conditional Use Permit No. 2005 -05028 - to construct a 3,897 square -foot, three unit
commercial retail center including a drive - through coffee shop (Starbucks) under authority
of Code Section No. 18.08.030.010, with waivers of the following:
(a) SECTION NO. 18.08.060.010.0102
Minimum landscaped setback adjacent
to an arterial (15 feet required; 5 feet
proposed)
(b) SECTION NO. 18.42.040.010
(c) SECTION NO. 18.42.080.020
Minimum number of parking spaces
(53 required; 22 proposed and
recommended by Staff)
Drive - through lane location
(Drive- through lane not permitted within
setback; drive - through lane proposed in
setback)
Tentative Parcel Map No. 2005 -247 - to combine eight (8) lots into one (1) lot to establish a
commercial retail center.
BACKGROUND:
(3) This item was continued from the October 31, 2005, to allow the applicant time to
work with staff to address the site plan design issues expressed by the Commission
and members of the public.
(4) This property is vacant and is zoned C -G (General Commercial). The Anaheim General
Plan designates this property for Mixed Use land uses. Surrounding properties to the east
and west are also designated for Mixed Use land uses, to the south (across Lincoln
Avenue) for Mixed Use and Low Density Residential land uses and to the north for Medium
Density Residential land uses.
SR- PC112805- CUP2005- 05028jr
Page 1
Staff Report to the
Planning Commission
November 28, 2005
Item No. 2
PREVIOUS ZONING ACTIONS:
(5) The following zoning actions pertain to this property:
(a) Conditional Use Permit No. 720 (to permit an existing service station within 75 feet of
residential zone and not at an intersection of two arterials) was approved by the
Planning Commission July 7, 1965. The previously- approved service station is no
longer operating, and staff recommends that this permit be terminated.
DEVELOPMENT PROPOSAL:
(6) The applicant requests a tentative parcel map and conditional use permit to construct a
3,897 square -foot, three unit commercial retail center including a drive - through coffee shop
(Starbucks). The tentative parcel map is a technical requirement to combine the eight (8)
existing legal lots that make up the site into one legal lot. Typically this type of action is
addressed through a lot line adjustment and included as a condition of approval. Because
the number of lots to be combined is greater than what can be accommodated through the
lot line adjustment process (a maximum of four (4) lots), a tentative parcel map is
necessary. The site contains remnant accessory structures from the previous service
station which would be completely removed to facilitate the new commercial center.
(7) The site plan (Exhibit No. 1) indicates the following proposed setbacks:
Page 2
Staff Report to the
Planning Commission
November 28, 2005
Item No. 2
'*Requested waiver for landscaped setback and drive - through lane location.
The site plan indicates the proposed drive - through lane located along the west and south
sides of the building would be setback six feet from Lincoln Avenue (within the required
setback) and 10 feet from Carleton Street. Entry to the drive - through lane would occur
directly south of the alley entrance to the site and exiting would occur at the southeastern
portion of the site adjacent to Lincoln Avenue. Plans propose a length of 66 feet from the
drive - through entry to the ordering device, and another 100 feet from the ordering device to
the pick up window. Code requires that drive - through lanes be located outside the
minimum landscaped setback and that lanes utilizing a separate ordering device have a
minimum distance of sixty (60) feet between the start of the lane to the ordering device, and
an additional minimum distance of one hundred (100) feet between the ordering device and
the service window or area.
(8) Vehicular access to the site would be provided via one (1) driveway from Lincoln Avenue
and one (1) driveway from the existing alley (the existing driveway on Carleton Street would
be closed). The site plan indicates a total of 22 parking spaces available for this
commercial retail center and drive - through facility. Code requires 53 spaces based on the
following chart-
USE
Code
Code
Direction
Required /Proposed
Required /Proposed
5.5 spaces
Building Setback
Landscape Setback
North (adjacent to alley)
0 feet/42 feet
0 feet/0 feet
South (adjacent to
15 feet/17 feet, 8 inches
15 feet /6 feet"
Lincoln Avenue)
Drive Through Fast
2,000
East (adjacent to
0 feet/ 46 feet
0 feet/0 feet
commercial zone)
West (adjacent to
10 feet/27 feet, 9 inches
10 feet/10 feet
Carleton Street)
'*Requested waiver for landscaped setback and drive - through lane location.
The site plan indicates the proposed drive - through lane located along the west and south
sides of the building would be setback six feet from Lincoln Avenue (within the required
setback) and 10 feet from Carleton Street. Entry to the drive - through lane would occur
directly south of the alley entrance to the site and exiting would occur at the southeastern
portion of the site adjacent to Lincoln Avenue. Plans propose a length of 66 feet from the
drive - through entry to the ordering device, and another 100 feet from the ordering device to
the pick up window. Code requires that drive - through lanes be located outside the
minimum landscaped setback and that lanes utilizing a separate ordering device have a
minimum distance of sixty (60) feet between the start of the lane to the ordering device, and
an additional minimum distance of one hundred (100) feet between the ordering device and
the service window or area.
(8) Vehicular access to the site would be provided via one (1) driveway from Lincoln Avenue
and one (1) driveway from the existing alley (the existing driveway on Carleton Street would
be closed). The site plan indicates a total of 22 parking spaces available for this
commercial retail center and drive - through facility. Code requires 53 spaces based on the
following chart-
USE
SQUARE FEET
CODE-REQUIRED
PARKING RATIO
(per 1,000 sq. ft.)
PARKING
REQUIRED
Retail
897
5.5 spaces
5
Fast Food
1,000
16 spaces
16
Restaurant
Drive Through Fast
2,000
16 spaces
32
Food Restaurant
TOTAL
53
(9) The floor plan for the commercial center (Exhibit No. 1) indicates three (3) tenant spaces
consisting of a 2,000 s.f. Starbucks coffeehouse with drive - through, a 1,000 s.f. Subway
sandwich shop, and an 897 s.f. T- Mobile cellular phone retail store. A small interior access
to the roof would be located at the south side of building. Storefront entryways would be
located along the north side of the building facing the parking lot (interior facing). The drive
Page 3
Staff Report to the
Planning Commission
November 28, 2005
Item No. 2
through lane service window would project three (3) feet from the main building and would
face Lincoln Avenue.
(10) The elevation plans, color rendering and material boards (Exhibit No. 2, 3, 4 and 5) indicate
a 25 -foot high, single -story Craftsman style building containing a smooth plaster finish,
wood siding, and brick veneer on each elevation. A gabled, multi - colored concrete tile roof
(Monier lifetile Slate Charcoal Brown Blend and Cobblestone) would be used on the
building. The center portion of the building would be a green -grey color (Stucco - Dunn
Edwards Union Springs; Trim - Dunn Edwards Smoky Forest) and the towers on each end
would be a yellow -amber color (Stucco - Dunn Edwards Highlight Gold; Trim - Dunn
Edwards Brassy). A horizontal trim line, window mullions, and canvas canopies would be
black (Dunn Edwards — Stargazing). Each elevation would incorporate the use of brick
finish along the bottom four (4) feet of the building (Robinson Brick Company —
Chesapeake) to complement the smooth stucco finish. The south elevation (facing Lincoln
Avenue) would include pilasters with a brick base and a tapered wood post. The north
elevation (facing the parking area) would contain identical pilasters supporting an arcade
over the walkway and entry along the center portion of the building. Exterior lighting would
be consistent with the period architecture proposed for the center.
(11) The site plan and elevation plans (Exhibit Nos. 1 through 2) indicate the conceptual location
of proposed wall and monument signage for the commercial center. Although the signage
is not dimensioned, the number and location of the signs comply with Code. Code allows
the total aggregate area of wall signs(s), including the area of awning signs or similar signs
affixed to the building elevation, to be a maximum of ten percent (10 %) of the area of the
face of the building to which such sign(s) are attached or two hundred (200) square feet,
whichever is less. Since specific tenant signage has not been identified at this time, staff is
recommending a condition of approval, requiring the applicant to submit a final detailed
sign program for staff review once the specific sign design and tenant signage have been
determined for the retail center.
(12) The site plan (Exhibit No. 1) indicates a 6 -foot wide landscape planter along Lincoln
Avenue (a small portion is 12 feet wide) and a 10 -foot wide landscape planter along
Carleton Street. The plan further proposes a 4 -5 -foot wide landscaped area along the west
and south walls of the building adjacent to the drive - through lane. There would also be
four (4) landscaped areas/fingers within the parking area and adjacent to the entryways.
Small triangular planters would be distributed throughout the parking area to provide vine
coverage on the new and existing masonry walls. The setback areas would contain thirty -
one (31) trees (10 along Carleton St. and 21 along Lincoln Ave.) as well as shrubs and
groundcover. The landscaped area next to the building would consist of shrubs and
groundcover as well. The landscaped fingers within the parking area would be planted with
four (4) trees, shrubs and groundcover. Code requires one tree for every 20 lineal feet of
street frontage (10 trees on Lincoln Avenue and 4 trees on Carleton Street) and fast
growing shrubbery of clinging vines planted on 3 -foot centers for the trash enclosure. Code
further requires that at least one (1) tree per 3,000 square feet of parking area and /or
vehicular accessways be distributed throughout the parking area with an average of forty -
eight (48) square feet of planter area provided per required tree, and a minimum planter
dimension of five (5) feet. With the exception of the requested waiver of landscape setback
along Lincoln Avenue and the distribution of trees within the parking area (of which the
applicant is aware and willing to address to comply with Code as conditioned), the
landscape plans comply with Code.
Page 4
Staff Report to the
Planning Commission
November 28, 2005
Item No. 2
(13) The submitted letter of operation indicates that the proposed tenant spaces would have the
following hours of operation and employee information:
Starbucks Subway Retail (T- Mobile)
Hours 5AM -12AM 8AM -10PM 8AM -10PM
Employees Maximum of four Maximum of three Maximum of two
The property owner has further indicated that the Starbucks would not be permitted (as a
condition of their lease) to sell sandwich or lunch items and Subway would not be permitted
to sell breakfast items and would not be open in the early morning.
ENVIRONMENTAL IMPACT ANALYSIS:
(14) Staff has reviewed the proposal and the Initial Study (a copy of which is available for review
in the Planning Department) and finds no significant environmental impact and, therefore,
recommends that a Negative Declaration be approved upon a finding by the Commission
that the declaration reflects the independent judgment of the lead agency; and that it has
considered the proposed Negative Declaration together with any comments received during
the public review process and further finding on the basis of the Initial Study and any
comments received that there is no substantial evidence that the project will have a
significant effect on the environment-
EVALUATION
(15) Commercial retail centers (two or more tenant spaces) and restaurants with a drive - through
are permitted in the C -G zone subject to the approval of a conditional use permit.
(16) Waiver (a) pertains to the minimum landscaped setback adjacent to an arterial highway.
Code requires a 15 foot wide landscaped setback along arterial highways and plans
indicate a setback ranging from 6 to 12 feet to accommodate parking and the location of
the drive - through lane. Staff surveyed properties along Lincoln Avenue to determine if the
strict application of the Zoning Code deprives the property of privileges enjoyed by other
properties with identical zoning classification in the vicinity. Staff identified other properties
in the area that had no landscaped setback (see following photograph); however, these
properties appeared historic in nature and contain storefronts immediately adjacent to the
sidewalk thereby providing a pedestrian oriented design — consistent with the historic
theme and character of the nearby Anaheim Colony Historic District (5- Points
Neighborhood). The development pattern for these properties with the buildings adjacent
to the right -of -way was not due to constraints of the individual properties but rather a
deliberate decision to place the building along the street frontage consistent with older
downtowns. This is not the case with the current proposal as the drive - through lane
separates the building from the street. Staff observed that no other properties in the vicinity
have reductions in their landscaped setback to accommodate a drive - through operation.
Staff also observed other commercial uses that provided the Code - required landscaping
along Lincoln Avenue (see following photograph). Staff believes the necessary findings for
approval of the requested waiver cannot be justified as there are no special circumstances
applicable to the property such as size, shape, topography, location or surroundings, which
do not apply to other identically zoned properties in the vicinity and that the strict
application of the Zoning Code does not deprive the property of privileges enjoyed by other
properties with identical zoning classification in the vicinity, and therefore, staff
recommends denial of waiver (a).
Page 5
Staff Report to the
Planning Commission
November 28, 2005
Item No. 2
Page 6
View of setback along Lincoln Avenue for a nearby commercial center
Staff Report to the
Planning Commission
November 28, 2005
Item No. 2
(17) Waiver (b) pertains to the minimum number of parking spaces. Code requires a minimum
of 53 spaces for the drive - through restaurant and retail center and plans propose 22
spaces. The applicant has submitted a parking analysis prepared by Kunzman Associates,
Inc., dated September 20, 2005, to substantiate the requested parking waiver. The City's
independent Traffic Consultant has reviewed the parking analysis and has determined that
the proposed parking area referenced in the study would be sufficient for the proposed
uses on the property. Based upon the analysis provided by the applicant and upon the
recommendation of the City's independent Traffic Consultant, staff recommends approval
of this waiver based on the following findings:
"(a) That the waiver, under the conditions imposed, if any, will not cause fewer off- street
parking spaces to be provided for such use than the number of such spaces
necessary to accommodate all vehicles attributable to such use under the normal and
reasonable foreseeable conditions of operation of such use.
The observed parking demand of similar commercial centers (Garden Grove,
Westminster, and Santa Ana) indicate that this site would potentially require an actual
demand ranging from 13 to 19 parking spaces during peak demand. The project
would provide a total of 22 parking spaces. As a result, the project would provide
adequate off - street parking to accommodate all vehicles attributable to the project
under normal operation.
(b) That the waiver, under the conditions imposed, if any, will not increase the demand
and competition for parking spaces upon the public streets in the immediate vicinity of
the proposed use.
As demonstrated in this parking study, the project will provide adequate parking on-
site to accommodate parking demand under normal operation. The site is expected to
contain a surplus of two to nine spaces during peak operation; therefore, no impact
upon on- street parking is anticipated as a result of this use.
(c) That the waiver, under the conditions imposed, if any, will not increase the demand for
parking spaces upon adjacent private property in the immediate vicinity of the
proposed use.
The project will provide adequate parking on the project site to accommodate its
parking generation. The site will accommodate peak demand with only 59 % -86% of
on -site parking spaces utilized. No demand for parking on adjacent private property is
forecasted.
(d) That the waiver, under the conditions imposed, will not increase traffic congestion
within the off - street parking areas or lots provided for such use.
An existing driveway along Carleton Street would be removed and access would be
gained directly from the alley to the north. Ingress and egress on Lincoln Avenue
would be right in /right out only. Therefore, traffic congestion would not be anticipated
with implementation of the project.
(e) That the waiver, under the conditions imposed, will not impede vehicular ingress to or
egress from adjacent properties upon the public streets in the immediate vicinity of the
proposed use.
The project would reduce the number of access points to public streets adjacent to
this property. The location of the proposed driveways would not impede vehicular
Page 7
Staff Report to the
Planning Commission
November 28, 2005
Item No. 2
ingress to or egress from adjacent properties. Furthermore, it has been established
previously that a sufficient supply of off - street parking will be provided to meet the
forecasted parking demand. Therefore, neither stacking onto the public street nor
blocking an adjacent driveway would be expected to occur."
(18) Waiver (c) pertains to the drive - through lane proposed within the required landscape
setback area. Code specifies that drive - through lanes cannot be located within the required
15 foot wide landscaped setback and plans indicate a setback ranging from 6 to 12 feet to
accommodate the location of the drive through lane and parking. Staff surveyed properties
in the vicinity and along Lincoln Avenue and could not identify other properties that had
drive - through lanes within the front setback area. Therefore, strict application of the Zoning
Code does not deprive the property of privileges enjoyed by other properties with identical
zoning classifications in the vicinity. Eliminating the drive - through lane would allow greater
area for commercial center operations such as loading and unloading or landscape setback
in compliance with Code along Lincoln Avenue. Staff believes the necessary findings for
approval of the requested waiver cannot be justified as there are no special circumstances
applicable to the property such as size, shape, topography, location or surroundings, which
do not apply to other identically zoned properties in the vicinity, and therefore, staff
recommends denial of waiver (c).
(19) Goal 6.1 of the Community Design Element of the General Plan reads as follows:
"Focus activity centers at the intersections of selected major corridors to provide convenient
and attractive concentration of retail and office uses."
Several policies are indicated in order to implement this goal. In summary, the design
policies include the following:
• Locate buildings close to the street with shielded parking
• Encourage pedestrian -scale features such as public art and awnings
• Incorporate architectural interest through varied roofiines, colors, materials and
lighting
• Link newly developed retail centers to residential and/or office uses through clear
safe pedestrian and bicycle connections
• Provide layered landscaping
• Provide people gathering spaces such as outdoor eating areas, water features,
courtyards, etc.
• Screen utilities
(20) Several of the design features indicated in the Design Element have been incorporated into
the proposed retail center building. Examples include awnings, varied building facades,
quality materials, screened utility equipment and parking located behind the building.
Staff Report to the
Planning Commission
November 28, 2005
Item No. 2
(21) At the October 31, 2005, Commission meeting, members of the Commission and of
the public had the following concerns about the project:
a. Number of proposed parking spaces
b. No designated loading area for deliveries
c. Opposition to drive - through portion of project
d. The building should be re- oriented to have storefronts facing Lincoln
Avenue
e. Impact of drive - through speaker amplification on adjacent residents
f. Need for increased landscaping along Lincoln Avenue
g. Location of drive - through is not appropriate (should be at back of building)
h. Overall site plan design issues
I. Overall building design issues
j. Concerns with traffic along alley to the north of the project
As well as concerns shared, members of the Commission and the public expressed
support for the project (some with reservations regarding the drive - through) and
were pleased with the architectural treatment of the building. As a result of the
public testimony and the concerns expressed by the Commission, staff was directed
to work with the applicant to redesign the site plan to accommodate the feedback
expressed at the public hearing.
(22) Both Planning and Public Works Department staff met with the applicant to evaluate
alternative site plan configurations that would meet the needs of the applicant and tenants,
provide for safe vehicle and pedestrian access and circulation on site, while not creating a
potentially unsafe situation within the public right -of -way. Two of these alternatives are
reflected below.
Page 9
(23) This first alternative (with the building and drive - through along rear portion of the site)
would result in only 18 parking spaces, even less landscaping along Lincoln Avenue than
currently proposed (1 -2 feet), security issues with the drive - through lane at night, and would
only work if a driveway location on Carleton Avenue was deemed safe by the City Traffic
and Transportation Manager (which it is not).
Staff Report to the
Planning Commission
November 28, 2005
Item No. 2
(24) The second alternative (with the building on Lincoln Avenue and drive - through along
rear of building) would have the same number of parking spaces as the subject proposal
and access onto the alley as required by the City Traffic and Transportation Manager, but
would result in customers receiving beverages from the passenger side of the vehicle,
potential pedestrian /vehicle conflicts at the drive - through lane, inconvenient entry to
storefront, substandard drive through lane as required by the City and Starbucks (according
to applicant).
(25) As a result of these discussions, staff and the applicant concurred that if the drive - through
lane would remain, the proposed configuration with the drive - through lane in front of the
building and parallel to Lincoln Avenue would be the best location. This alternative
provides landscaping along Lincoln Avenue, safe on -site pedestrian and vehicular
circulation, while improving vehicle safety on Carleton Avenue by eliminating the existing
driveway and relocating this access to the alley to the north. The alternative below is
identical to the site plan provided to the Commission at the October 31, 2005, meeting,
except modified to reflect a reduced drive - through lane width at the south side (one foot
reduction), enlarged radius for the turn from the drive - through towards Lincoln, a
designated loading area (with posted hours for loading) and added directional signage.
Due to the constraints related to on -site Code requirements (length of the drive through,
setbacks, parking) and constraints related to off -site issues not within the purview of the
Planning Department (prohibited driveway access on Carleton Avenue regulated by the
City Engineer - Title 12 of the AMC ), staff believes the proposed configuration is the least
problematic of any of the alternatives, if the drive - through is approved.
Page 10
Staff Report to the
Planning Commission
November 28, 2005
Item No. 2
Revised Site Plan
(26) Although staff is supportive of the request to construct a commercial retail center, staff
maintains the drive - through portion of the request and the associated setback and
locational waivers should be eliminated from the plan as the waivers cannot be justified and
the drive - through lane would not be consistent with the revitalization and character of the
downtown area. An additional item of concern is on -site parking and loading. Although
staff is recommending approval of the requested parking waiver based on the submitted
study, staff independently verified parking counts conducted at the commercial center in the
City of Santa Ana. Staffs parking counts were higher (a peak demand of 21 spaces as
opposed to 17 spaces from the parking study) and in the event that there is shift in demand
of any of the proposed on -site uses, potential on -site parking deficiencies may occur.
There are also adjacent commercial uses that do not contain sufficient parking on -site
(Casa Garcia) and may create a situation where patrons from that restaurant may park at
this proposed commercial center. The current projected demand requires the use of all but
three of the available parking during peak times.
(27) Careful consideration has been given to the architectural design of the proposed center and
the architect and owner have worked closely with staff to provide a quality design. The
owner has indicated that the drive - through lane is a necessary part of this project and
would like to move forward with the plan as proposed. Based upon the recommended
denial of waivers (a) and (c), and because the size and shape of the site for the use is not
adequate to allow the full development of the drive - through lane portion of the request in a
manner not detrimental to the particular area or to the health and safety (no loading areas
and inadequate landscaping), staff recommends the Commission continue this request to
allow the redesign of the project to eliminate the drive - through lane and to provide Code -
required landscaping.
Page 11
Staff Report to the
Planning Commission
November 28, 2005
Item No. 2
FINDINGS:
(28) Section 18.42.110 of the parking code sets forth the following findings which are required to
be made before a parking waiver is approved by the Planning Commission:
(a) That the waiver, under the conditions imposed, if any, will not cause fewer off - street
parking spaces to be provided for such use than the number of such spaces
necessary to accommodate all vehicles attributable to such use under the normal and
reasonable foreseeable conditions of operation of such use.
(b) That the waiver, under the conditions imposed, if any, will not increase the demand
and competition for parking spaces upon the public streets in the immediate vicinity of
the proposed use.
(c) That the waiver, under the conditions imposed, if any, will not increase the demand for
parking spaces upon adjacent private property in the immediate vicinity of the
proposed use.
(d) That the waiver, under the conditions imposed, will not increase traffic congestion
within the off - street parking areas or lots provided for such use.
(e) That the waiver, under the conditions imposed, will not impede vehicular ingress to or
egress from adjacent properties upon the public streets in the immediate vicinity of the
proposed use.
Unless conditions to the contrary are expressly imposed upon the granting of any waiver
pursuant to this section, the granting of the waiver shall be deemed contingent upon
operation of the proposed use in conformance with the assumptions relating to the operation
and intensity of the use as contained in the Parking Demand Study that formed the basis for
approval of the waiver. Exceeding, violating, intensifying or otherwise deviating from any of
the assumptions as contained in the Parking Demand Study shall be deemed a violation of
the express conditions imposed upon the waiver, which shall subject the waiver to
revocation or modification pursuant to the provisions of Section 18.60200 (City - Initiated
Revocation or Modification of Permits).
(29) When practical difficulties or unnecessary hardships result from strict enforcement of the
Zoning Code, a modification may be granted for the purpose of assuring that no property,
because of special circumstances applicable to it, shall be deprived of privileges commonly
enjoyed by other properties in the same vicinity and zone. The sole purpose of any waiver
is to prevent discrimination and none shall be approved which would have the effect of
granting a special privilege not shared by other similar properties. Therefore, before any
waiver is granted by the Commission, it shall be shown:
(a) That there are special circumstances applicable to the property such as size,
shape, topography, location or surroundings, which do not apply to other identically
zoned properties in the vicinity; and
(b) That strict application of the Zoning Code deprives the property of privileges
enjoyed by other properties under identical zoning classification in the vicinity.
Page 12
Staff Report to the
Planning Commission
November 28, 2005
Item No. 2
(30) Before the Commission grants any conditional use permit, it must make a finding of fact
that the evidence presented shows that all of the following conditions exist:
(a) That the use is properly one for which a conditional use permit is authorized by the
Zoning Code, or is an unlisted use as defined in Subsection .030 (Unlisted Uses
Permitted) of Section 18.66.040 (Approval Authority);
(b) That the use will not adversely affect the adjoining land uses or the growth and
development of the area in which it is proposed to be located;
(c) That the size and shape of the site for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area
or to the health and safety;
(d) That the traffic generated by the use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area; and
(e) That the granting of the conditional use permit under the conditions imposed, if any,
will not be detrimental to the health and safety of the citizens of the City of Anaheim.
(31) "The State Subdivision Map Act (Government Code, Section 66473.5) makes it mandatory
to include in all motions approving, or recommending approval of a tract map, a specific
finding that the proposed Subdivision together with its design and improvement is
consistent with the City's General Plan.
(32) Further, the law requires that the Commission make any of the following findings when
denying or recommending denial of a tract map:
1. That the proposed map is not consistent with applicable General and Specific
Plans.
2. That the design or improvement of the proposed subdivision is not consistent with
applicable General and Specific Plans.
3. That the site is not physically suitable for the type of development.
4. That the site is not physically suitable for the proposed density of development.
5. That the design of the subdivision or the proposed improvements are likely to
cause substantial environmental damage or substantially and avoidably injure fish
or wildlife or their habitat.
6. That the design of the subdivision or the type of improvements is likely to cause
serious public health problems.
7. That the design of the subdivision or the type of improvements will conflict with
easements, acquired by the public at large, for access through or use of property
within the proposed subdivision."
RECOMMENDATION:
(33) Staff recommends that, unless additional or contrary information is received during the
meeting, and based upon the evidence submitted to the Planning Commission, including
Page 13
Staff Report to the
Planning Commission
November 28, 2005
Item No. 2
the evidence presented in this staff report, and oral and written evidence presented at the
public hearing, the Planning Commission take the following action:
(a) By motion, continue this request to the December 12, 2005, Commission meeting to
allow the applicant to work with staff to redesign the project to eliminate the drive -
through lane and provide the minimum Code - required landscape setback along Lincoln
Avenue.
(34) Should the Planning Commission wish to approve this request, staff recommends that the
Commission incorporate the conditions of approval indicated below based on the finding
that the conditions are reasonably necessary to protect the public health and safety and to
ensure proper operation of this proposed commercial retail center and drive - through coffee
shop:
1. That at no time shall the Starbucks provide lunch service.
2. That the Subway sandwich shop shall not open prior to 11 a.m.
3. That no additional restaurant/food service uses shall be allowed beyond what is
indicated on the approved plan.
4. That if the Starbucks or Subway uses change, an updated parking study shall be
provided to the Planning Services Division for review and approval by staff to
determine whether the assumptions contained in the original parking study are still
valid. Any decision by staff may be appealed to the Planning Commission as a
"Reports and Recommendations" item.
5. That no video, electronic or other amusement devices shall be permitted on the
premises.
6. That all public phones shall be located inside the building.
7. That adequate lighting of parking lots, driveway, circulation areas, aisles,
passageways, recesses and grounds contiguous to buildings shall be provided with
lighting of sufficient wattage to provide adequate illumination to make clearly visible
the presence of any person on or about the premises during the hours of darkness
and provide a safe, secure environment for all persons, property, and vehicles on-
site. Said lighting shall be directed, positioned and shielded in such a manner so as
not to unreasonably illuminate the window areas of the adjacent residential
properties. Light fixtures shall be decorative and a maximum of 12 -feet in height.
Said information shall be specifically shown on plans submitted for Police
Department, Community Services Division approval.
8. That all trash generated from the commercial retail center shall be properly contained
in trash bins located within approved trash enclosures. The number of bins shall be
adequate and the trash pick -up shall be as frequent as necessary to ensure the
sanitary handling and timely removal of refuse from the property. The Community
Preservation Division of the Planning Department shall determine the need for
additional bins or additional pick -up. All costs for increasing the number of bins or
frequency of pick -up shall be paid by the business owner.
9. That any tree or other landscaping planted on -site shall be replaced in a timely
manner in the event that it is removed, damaged, diseased and /or dead.
10. That no roof - mounted balloons or other inflatable devices shall be permitted on the
property.
11. That no outdoor vending machines shall be permitted on the property.
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Staff Report to the
Planning Commission
November 28, 2005
Item No. 2
12. That 4 -foot high street address numbers shall be displayed on the roof of the building
in a color that contrasts with the roof material. The numbers shall not be visible from
the streets or adjacent properties. Said information shall be specifically shown on
plans submitted for building permits.
13. That there shall be no outdoor storage permitted on the premises.
14. That the property owner shall submit a letter to the Planning Services Division
requesting termination of Conditional Use Permit No. 720 (to permit an existing
service station within 75 feet of residential zone and not at an intersection of two
arterials).
15. That roof - mounted equipment shall be screened from view in accordance with the
requirements of Anaheim Municipal Code Section 18.38.170 pertaining to the C -G
(General Commercial) Zone. Said information shall be specifically shown on plans
submitted for building permits.
16. That the property shall be permanently maintained in an orderly fashion by the
provision of regular landscaping maintenance, removal of trash or debris, and
removal of graffiti within twenty four (24) hours from time of occurrence.
17. That the number of tenant spaces for this commercial retail center shall be limited to
three (3). Said information shall be specifically shown on plans submitted for building
permits.
18. That final sign plans shall be submitted to the Planning Services Division for review
and approval as to placement, design and materials of all proposed on -site signage.
The signage shall be designed to complement the architecture of the commercial
retail center. Any decision by staff may be appealed to the Planning Commission as
a "Reports and Recommendations" item.
19. That all backflow equipment shall be located above ground and outside of the street
setback area in a manner fully screened from all public streets. Any backflow
assemblies currently installed in a vault shall be brought up to current standards.
Any other large water system equipment shall be installed to the satisfaction of the
Water Engineering Division in either underground vaults or outside of the street
setback area in a manner fully screened from all public streets and alleys. Said
information shall be specifically shown on plans and approved by the Water
Engineering Department.
20. That all requests for new water services or fire lines, as well as any modifications,
relocations, or abandonments of existing water services and fire lines, shall be
coordinated through Water Engineering Division of the Anaheim Public Utilities
Department.
21. That since this project has a landscaping area exceeding 2,500 square feet; a
separate irrigation meter shall be installed in compliance with Chapter 10.19 of the
Anaheim Municipal Code. Said information shall be specifically shown on plans
submitted for building permits.
22. That all existing water services and fire lines shall conform to current Water Service
Standards Specifications. Any water service and /or fire line that does not meet
current standards shall be upgraded if continued use if necessary or abandoned if
the existing water service is no longer needed. The owner /developer shall be
responsible for the costs to upgrade or to abandon any water service of fire line.
23. That the legal property owner shall irrevocably offer to dedicate to the City of
Anaheim, Water Engineering Division) an easement twenty (20) feet in width for
Page 15
Staff Report to the
Planning Commission
November 28, 2005
Item No. 2
water service mains and /or an easement for large meters and other public water
facilities.
24. That prior to the issuance of a grading permit, the applicant shall submit to the Public
Works Department, Development Services Division for review and approval a Water
Quality Management Plan that:
• Addresses Site Design Best Management Practices (BMPs) such as minimizing
impervious areas, maximizing permeability, minimizing directly connected
impervious areas, creating reduced or "zero discharge" areas, and conserving
natural areas.
• Incorporates the applicable Routine Source Control BMPs as defined in the
Drainage Area Management Plan.
• Incorporates Treatment Control BMPs as defined in DAMP.
• Describes the long -term operation and maintenance requirements for the
Treatment Control BMPs.
• Identifies the entity that will be responsible for long -term operation and
maintenance of the Treatment Control BMPs, and describes the mechanism for
funding the long -term operation and maintenance of the Treatment Control
BMPs.
25. That prior to issuance of a certificate of occupancy, the applicant shall:
• Demonstrate that all structural BMPs described in the Project WQMP have been
constructed and installed in conformance with approved plans and specifications.
• Demonstrate that the applicant is prepared to implement all non - structural BMPs
described in the Project WQMP
• Demonstrate that an adequate number of copies of the approved Projects
WQMP are available onsite.
• Submit for review and approval by the City an Operation and Maintenance Plan
for all structural BMPs.
26. That the City of Anaheim Sewer Impact Mitigation fee for the Old Town/ Basin 8 Area
shall be paid.
27. That the final map shall be submitted to and approved by the City of Anaheim and
the Orange County Surveyor and then shall be recorded in the Office of the Orange
County Recorder (Subdivision Map Act, Section 66499.40).
28. That the curb radius at Lincoln Avenue and Carleton Avenue shall be designed with a
25' radius and a sidewalk access ramp w/ truncated domes per Public Works
Standard Detail 111. The existing radius and ramp shown on the site plan do not
conform to City standards. Said information shall be specifically shown on plans
submitted for building permits.
29. That prior to grading plan approval, the applicant shall submit a Drainage Study
prepared by a registered professional Civil Engineer in the State of California. The
Study shall be based upon and reference the latest edition of the Orange County
Hydrology Manual and the applicable City of Anaheim Master Plan of Drainage for
the project area. All drainage sub -area boundaries per the Master Plan for Drainage
shall be maintained. The Study shall include: an analysis of 10 and 100 -year storm
frequencies; an analysis of all drainage impacts to the existing storm drain system
based upon the ultimate project build -out condition; and address whether off -site and/
or on -site drainage improvements (such as detention/ retention basins or surface
Page 16
Staff Report to the
Planning Commission
November 28, 2005
Item No. 2
runoff reduction) will be required to prevent downstream properties from becoming
flooded.
30. That the developer shall submit improvement plans to the Public Works Department,
Development Services Division to improve right of way with the installation of street
trees and irrigation on Lincoln Avenue and Carleton Street in conformance with
Public Works Standard Detail 110 and the Department of Public Works Landscape
and Irrigation Manual for Public Streets, Highway, Right -of -way and Easements.
Landscaping and irrigation in the public right -of -way along Lincoln Avenue and
Carleton Street shall be connected to the on -site irrigation system and maintained by
the property owner.
31. That a performance bond shall be posted to guarantee installation of right -of -way
improvements in an amount approved by the City Engineer and a form approved by
the City Attorney prior to final map approval. A Right of Way Construction Permit
shall be obtained from the Development Services Division for all work performed in
the right -of -way. The improvements shall be constructed prior to final building and
zoning inspections.
32. That the alley shall be improved per Public Works Standard Detail No. 131 (10- foot '' /z
width measured from the alley centerline.) Said information shall be specifically
shown on plans submitted for building permits.
33. That the property owner shall irrevocably offer to dedicate to the City of Anaheim an
easement 51 feet in width (10 -feet total r/w behind curb is required, therefore 1 foot
additional dedication from existing right -of -way is necessary) from the construction
centerline of Lincoln Avenue for road, public utilities and other public purposes.
Corner cut -off dedication at Carleton Street and Lincoln Avenue is also required. No
additional right -of -way dedication is required on Carleton Street. A 3 -foot additional
dedication is required along the alley frontage (existing '' /s width is shown to be 7 -feet
on the site plan.) All irrevocable offers of dedication shall be made on the final map.
34. That a title report is required to confirm existing property lines and right -of -way
dedication.
35. That the locations for future above - ground utility devices including, but not limited to,
electrical transformers, water backflow devices, gas, communications and cable
devices, etc., shall be shown on plans submitted for building permits. Plans shall
also identify the specific screening treatments of each device (i.e. landscape
screening, color of walls, materials, identifiers, access points, etc.). Said information
shall be specifically shown on plans submitted for building permits.
36. That any required relocation of City electrical facilities shall be at the developer's
expense.
37. That plans shall be submitted to the Traffic and Transportation manager for his
review and approval showing conformance with Engineering Standard No. 115
pertaining to sight distance visibility for the monument sign and wall /fence location.
38. That the property owner /developer shall provide the City of Anaheim with a public
utilities easement to be determined as electrical design is completed.
39. That plans shall be submitted to the Planning Services Division for review and
approval in conformance with the current version of Engineering Standard Plan Nos.
436, and 470 pertaining to parking standards and driveway location. Subject
property shall thereupon be developed and maintained in conformance with said
plans.
Page 17
Staff Report to the
Planning Commission
November 28, 2005
Item No. 2
40. That the drive - through lane shall be designed to meet the radius standards (minimum
16 feet interior and 26 feet outer radius). Said information shall be specifically shown
on plans submitted for building permits.
41. That a plan sheet for solid waste storage, collection and a plan for recycling shall be
submitted to the Public Works Department, Streets and Sanitation Division for review
and approval.
42. That trash storage areas shall be provided and maintained in a location acceptable to
the Public Works Department and in accordance with approved plans on file with said
Department. Said storage areas shall be designed, located and screened so as not
to be readily identifiable from adjacent streets or highways. The walls of the storage
areas shall be protected from graffiti opportunities by the use of plant materials such
as minimum one - gallon size clinging vines planted on maximum three -foot centers or
tall shrubbery. Said information shall be specifically shown on the plans submitted
for building permits.
43. That the project shall provide for truck deliveries on -site. Such information shall be
specifically shown on plans submitted for building permits.
44. That an Emergency Listing Card, Form ADP -281 shall be completed and submitted in
a completed form to the Anaheim Police Department.
45. That final elevation plans shall be submitted to the Planning Services Division. Said
plans shall be designed to preclude the visibility of interior storage for the individual
tenants from Lincoln Avenue. Any decision by staff may be appealed to the Planning
Commission as a "Reports and Recommendations" item.
46. That all plumbing or other similar pipes and fixtures located on the exterior of the
building shall be fully screened by architectural devices and /or appropriate building
materials. Said information shall be specifically shown on the plans submitted for
building permits.
47. That a final landscape plan shall be submitted to the Planning Services Division for
review and approval. Said plans shall specify the following:
• The size, type, and location of all trees, shrubs, and ground cover proposed for
the site.
• Minimum 24 -inch box sized trees, and clinging vines along all perimeter block
walls and landscaped fingers every ten (10) parking stalls.
• A three -foot high solid hedge along the interior side of the landscape setback
adjacent to the drive - through lane.
• Trees within the parking area evenly distributed within all proposed landscaped
fingers.
Any decision by staff may be appealed to the Planning Commission as a "Reports
and Recommendations" item.
48. That the subject property shall be developed substantially in accordance with the
plans and specifications submitted to the City of Anaheim by the petitioner and which
plans are on file with the Planning Department Exhibit Nos. 1 through 5, and as
conditioned herein.
49. That prior to issuance of a building permit, or within a period of one (1) year from the
date of this resolution, whichever occurs first, Condition Nos. 7, 12, 14, 15, 17, 18,
19, 21, 22, 23, 28, 30, 31, 32, 34, 35, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, and 47
above mentioned, shall be complied with. Extensions for further time to complete
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Staff Report to the
Planning Commission
November 28, 2005
Item No. 2
said conditions may be granted in accordance with Section 18.60.170 of the Anaheim
Municipal Code.
50. That prior to issuance of a grading permit, or within a period of one (1) year from the
date of this resolution, whichever occurs first, Condition Nos. 24 and 29 shall be
complied with. Extensions for further time to complete said conditions may be
granted in accordance with Section 18.60.170 of the Anaheim Municipal Code.
51. That prior to final building and zoning inspections, Condition Nos. 20, 25, and 48,
above mentioned, shall be complied with. Extensions for further time to complete
said conditions may be granted in accordance with Section 18.60.170 of the Anaheim
Municipal Code.
52. That approval of this application constitutes approval of the proposed request only to
the extent that it complies with the Anaheim Municipal Zoning Code and any other
applicable City, State and Federal regulations. Approval does not include any action
or findings as to compliance or approval of the request regarding any other
applicable ordinance, regulation or requirement.
Page 19
SECTION 4
APPLICANTS STATEMENT OF Attachment - Item No. 2
JUS(N A P � ER
(NOT
R
REQUEST FOR WAIVER OF CODE SECTION:
statement is required for
PERTAINING TO:
Sections 18.74.060 of the Anaheim Municipal Code requires that before any variance or Code waiver may be granted by the
Zoning Administrator or Planning Commission, the following shall be shown:
I . That there are special circumstances applicable to the property, including size, shape, topography, location or
surroundings, which do not apply to other property
under identical zoning classification in the vicinity; and
2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges
enjoyed by other property under identical zoning classification in the vicinity.
In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to
of the f q g re garding property for which a variance is sought, fully
arrive at a decision, please answer each questions attach additional a g es.
and as completely as possible. If you need additional space, you may P
I . Are there special circumstances that apply to the property in matters such as size, shape, topography, location or
surroundings? ,X Yes — No.
If your answer is "Yes," describe the special circumstances:
2. A the special circumstances J that apply to the property different from other properties in the vicinity which are in the
same zone as your properly? .A Yes _ No
if your answer is "yes," describe how the property is different:
3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring
properties located within the same zone? � Yes No
If vnur answer if "ves." describe the special circumstanoes:
4.
EXPLAIN
The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be
approved which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone
which is not otherwise expressly authorized by zone regulations governing subject property. Use variances are not permitted.
r
Stgnatu rroperry Owner or Autho zed Apni Date
CONDITIONAL USE PERMrr/VARIANCE NO.
CUP No. )nnr _ n S n n �
Were the special circumstances created by causes beyond the control of the property owner (or previous property
owners)? Pes _No
• • SECTION 4
APPLICANT'S STATEMENT OF
JUSTIFICATION FOR VARIANCE/CODE WAIVER
(NOT REQUIRED FOR PARKING WAIVER)
REQUEST FOR WAIVER OF CODE SECTION: to separate statement is required for each Code waiver)
PERTAINING TO:
Sections 18.74.060 of the Anaheim Municipal Code requires that before any variance or Code waiver may be granted by the
Zoning Administrator or Planning Commission, the following shall be shown:
1. That there are special circumstances applicable to the property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical zoning classification in the vicinity; and
2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges
enjoyed by other property under identical zoning classification in the vicinity.
In order to detemune if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to
arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully
and as completely as possible. If you need additional space, you may attach additional pages.
Are there special circumstances that apply to the property in matters such as size, shape, topography, location or
surroundings? A Yes _ No.
t r
If your answer is "Yes," describe the special circumstances: hr. {s t t a5t 6c ram d
2. Are the special circumstances that apply to the property different from other properties in the vicinity which are in the
same zone as your property? >( Yes : ` No
If your answer is "yes," describe how the property is different:
3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring
properties located within the same zone? y XYes No
if vnnr answer if "vec" describe the special circumstances:
4.
EXPLAIN C.l CC.i - rz,,.4 4 -9 haet cp.6cicJ
The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be
approved which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone
which is not otherwise expressly authorized by zone regulations governing subject property. Use variances are not permitted.
-Srb?tature erty Owner or Authorized Agent Date
CONDITIONAL USE PERMITNARIANCE NO.
cur uo. )nnS .. n c fl
Were the special circumstances created by causes beyond the control of the property owner (or previous property
owners)? -,.Yes _No
LI
Letter of Operation
August 11, 2005
Lincoln and Carlton Center
1131 W Lincoln
Anaheim, Ca
Starbucks Drive Thru 2000 sq. ft Unit 103
5 AM - 6 AM Total of 1 Employee including working Supervisor
6 AM - 9 AM Total of 3 Employees including working Supervisor
9 AM - 12 AM Total of 2 Employees including working Supervisor
Open 7 Days
Subway Sandwich 1000 N. It Unit 101
8- 11 AM Total of 1 Employee including working Supervisor
11 AM - 3 PM Total of 2 Employees including working Supervisor
3 PM — 6 PM Total of I Employee including working Supervisor
6 PM —10 PM Total of 2 Employees including working Supervisor
Open 7 Days
Retail 865 sq. ft Unit 102
8 AM - 10 PM Total of I Employee including working Supervisor
Open 7 Days
bur
IIMI Zno W
��nt
- n c n , d
nn
Calvada Development, Inc.
ITEM NO. 1 -A
SP 67.61 1a91
RG BlG; p122A
2
cu? 1203
VAR 2872
�— 170' —�
r P C -G
CL 96 0
L 65 -66 -07
2005 -05022
UP 3902
CUP 718
10.91 -2 SP92 -2 1
1910 S GL 90.91 -23
512 S GL 72-7329
BOR GUP2573
TO VACANT
BALL ROAD
SP 92 -2
RCL 66 -67 -61 (93)
RCL 66 -67 -61 (54)
VAR 3842
HOLIDAY INN
ANAHEIMATTHE PARK
2�
'9
9
T�
`J
Conditional Use Permit No- 3902
0
LU
W
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gP 9 9.23
C` g0. 119
RCL 9091 -23
2CL 58 -59 -121
F2G�- y
CUP
RCL 53 -541
1y93
CUP
VAR 3007
GENERAL
STORE
VAR 684
VAR 301
VAR 228
PCN 97 -03
SERVICE
STATION /
(READVERTISED)
G�
RCL 67Z 1
O-L RGL 5354 -11
C
RCL 67 -68 -39 IGUP UP 13
RC 5 3 - 54 - 11 C ESY
CUP UP 130 130 L
6 LODGE
ANAHEIM RCL 67A B 39
MOTEL P 53M"
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P
N
Subject Property
TRACKING NO- CUP2005 -05022 Date: November 28, 2005
Scale: 1"=200'
Requested By: MAC S- BHUPINDER Q -S- No- 86
REQUEST TO CONSTRUCT A COFFEE SHOP (STARBUCKS) AND TO ESTABLISH A COMMERCIAL
RETAIL CENTER (WITH OFFICES) IN CONJUNCTION WITH AN EXISTING SERVICE STATION WITH
ACCESSORY CONVENIENCE MARKET WITH BEER AND WINE FOR OFF - PREMISES CONSUMPTION
AND A 2,000 SQUARE FOOT DRIVE THROUGH FAST FOOD RESTAURANT
WITH WAIVERS OF: (a) minimum structural and landscaped setback adjacent to a local street
(b) required dedication for a local street
(c) minimum number of parking spaces
1200 South Harbor Boulevard
SP 9 g� -23
RGL 90�5g.119
RGL 5P 1 838
SUP 15iwORGD
1RP� R�RP RK
SP 92 -2
RCL 90 -91 -23
RCL 58 -59 -119
CUP 1838
CUP 1573
2044
BOYSEN AVE
a'tiw
r:�
P'
Date of Aerial Photo: May 2002
(READVERTISED)
Conditional Use Permit No. 3902 Subject Property
TRACKING NO. CUP2005 -05022 Date: November 28, 2005
Scale: 1"=200'
Requested By: MAC S. BHUPINDER Q.S. No. 86
REQUEST TO CONSTRUCT A COFFEE SHOP (STARBUCKS) AND TO ESTABLISH A COMMERCIAL
RETAIL CENTER (WITH OFFICES) IN CONJUNCTION WITH AN EXISTING SERVICE STATION WITH
ACCESSORY CONVENIENCE MARKET WITH BEER AND WINE FOR OFF - PREMISES CONSUMPTION
AND A 2,000 SQUARE FOOT DRIVE THROUGH FAST FOOD RESTAURANT
WITH WAIVERS OF: (a) minimum structural and landscaped setback adjacent to a local street
(b) required dedication for a local street
(c) minimum number of parking spaces
1200 South Harbor Boulevard 2044
Staff Report to the
Planning Commission
November 28, 2005
Item No. 3
3a. CEQA NEGATIVE DECLARATION
(Motion)
3b. WAIVER OF CODE REQUIREMENT
(Motion)
3c. CONDITIONAL USE PERMIT NO. 3902
(Resolution)
( TRACKING NO. CUP2005- 05022
SITE LOCATION AND DESCRIPTION:
(1) This irregularly- shaped, 0.98 -acre property is located at the southeast corner of Harbor
Boulevard and Ball Road having frontages of 310 feet on the east side of Harbor Boulevard,
170 feet on the south side of Ball Road, and 322 feet on the west side of Palm Street
(1200 South Harbor Boulevard).
REQUEST:
(2) The applicant requests to construct a coffee shop (Starbucks) and to establish a commercial
retail center (with offices) in conjunction with an existing service station with accessory
convenience market with beer and wine for off - premises consumption and a 2,000 square
foot drive - through fast food restaurant under authority of Code Section 18.08.030.010, with
waiver of the following:
(a) SECTION NOS. 18.08.060.010.0101
and 18.08.060.010.0102
Minimum structural and landscape
setback (10 feet required along Palm
Street; 2 feet proposed)
(b) SECTION NO. 18.40.060.030
(c) SECTION NO. 18.42.040.010
BACKGROUND
Required dedication and improvement of
local street (DELETED
Minimum number of parking spaces (64
required; 41 proposed and recommended
by staff)
(3) This item was continued from the October 3, 2005, Commission meeting to allow the
applicant time to make modifications to the plans and to re- advertise the request to
include a commercial retail center. At the November 14, 2005, Commission meeting,
this item was continued by the Commission due to concerns pertaining to the impact
of the proposal to on site parking availability and elevation design. The Commission
directed staff to work with the applicant to reduce the square footage of the proposed
second story office area (roughly to half of what was proposed). Enhancements to
the elevations would return to the Commission for review and approval as a Consent
Calendar item in the future.
(4) This property is developed with a service station with accessory convenience market with
beer and wine for off - premises consumption, a 2,000 square foot drive - through fast food
restaurant and is zoned C -G (General Commercial). The Anaheim General Plan designates
this property for General Commercial land uses. The General Plan further designates
properties to the north and west (across Harbor Boulevard and Ball Road) for Commercial
Recreation land uses, properties to the east for Office -Low land uses, and properties to the
south for Low Density Residential land uses.
SR -C U P3902J pr_sr _pc 112805
Page 1
Staff Report to the
Planning Commission
November 28, 2005
Item No. 3
PREVIOUS ZONING ACTIONS:
(5) Conditional Use Permit No. 3902 (to permit service station with accessory convenience
market with beer and wine for off - premises consumption and a 2,000 square foot drive -
through fast food restaurant with waiver of maximum wall height, minimum number of
parking spaces, minimum structural and landscaped setback adjacent to a local street,
required site screening, and minimum landscaped setback adjacent to a residential zone
boundary ) was approved, in part, by the Planning Commission on February 3, 1997.
Because requests for a general plan amendment and reclassification were submitted in
conjunction with the request for the service station, the City Council approved the request, in
its entirety, on February 25, 1997.
(6) Resolution No. PC98 -204 adopted in conjunction with a previous amendment to Conditional
Use Permit No 3902 contains the following condition of approval'
"42. That subject property shall be developed substantially in accordance with plans
and specifications submitted to the City of Anaheim by the petitioner and which
plans are on file with the Planning Department marked Revision No. 1 of Exhibit
Nos. 1, 3 and 4, and Exhibit Nos. 2, 5, 6, 7, 8, 9 and 10, and as conditioned
herein; provided, however, that a second monument sign shall not be permitted
on the property."
DISCUSSION:
(7) The applicant requests a modification of exhibits forthis conditional use permit to construct
a 1,240 square -foot addition on the north side of the existing convenience market building
for a coffee shop (Starbucks) and to establish 1,204 square feet of office area within the
second story above the existing convenience market (previously the request was for
2,102 square feet of office space). The modification to the second story would also
include the expansion of the existing accessory office area for the convenience
market. The division of this space into office suites and the addition of the coffee shop
change the use of this property as defined in the Zoning Code, to a commercial retail center.
Therefore, staff advertised the request as such in conjunction with the re- advertisement of
the originally- approved conditional use permit. The site contains a fully operational service
station, convenience market and fast food restaurant. No changes are proposed to the fast
food restaurant or service station canopy.
Page 2
Staff Report to the
Planning Commission
November 28, 2005
Item No. 3
r �m
spy =
i �.,�
}
f S
View of existing two -story convenience market building.
(8) The site plan (Revision 2 of Exhibit No. 1) indicates the Starbucks would have the following
setbacks:
* *Requested waiver for minimum landscaped and structural setback.
The site plan indicates the proposed one -story Starbucks would be located at the north
side of the existing convenience market building and would be setback two feet from Palm
Street, in line with the existing building. A small patio area for Starbucks would face Ball
Road. Two stairways for second story access would be constructed — one in between the
new Starbucks and the existing building and one at the south side of the building within an
existing walkway (see below). Code requires a minimum 10 -foot landscaped and structural
setback adjacent to a local street (Palm Street).
Page 3
Code
Code
Direction
Required /Proposed
Required /Proposed
Building Setback
Landscape Setback
North (adjacent to Ball)
15 feet/33 feet, 10
15 feet/22 feet
inches
South
NA
NA
East (adjacent to Palm)
10 feet/ 2 feet
10 feet/2 feet **
West (adjacent to
15 feet/141 feet, 6
15 feet/15 feet
Harbor)
inches
* *Requested waiver for minimum landscaped and structural setback.
The site plan indicates the proposed one -story Starbucks would be located at the north
side of the existing convenience market building and would be setback two feet from Palm
Street, in line with the existing building. A small patio area for Starbucks would face Ball
Road. Two stairways for second story access would be constructed — one in between the
new Starbucks and the existing building and one at the south side of the building within an
existing walkway (see below). Code requires a minimum 10 -foot landscaped and structural
setback adjacent to a local street (Palm Street).
Page 3
Staff Report to the
Planning Commission
November 28, 2005
Item No. 3
Proposed Stairway Access to Second Story Offices
(9) Vehicular access to the site will not change and is currently provided via one (1) driveway
from Harbor Boulevard and one (1) driveway from Ball Road. The site plan indicates a total
of 41 parking spaces available for the existing and proposed uses. Code requires 64
spaces based on the following:
USE
SQUARE FEET
CODE - REQUIRED
RATIO
(per 1,000 sq. ft.)
PARKING
REQUIRED
Convenience
2,400
5.5 spaces
13.2
Market
w
ti r
m
m
w
I m
Convenience
IDE AL
Market (2 floor
1,196
4 spaces
4.8
accessory office
I
E ISTING
NEW
NEW
a
w
Food Restaurant
M I o
STAI 11CK5
PATIO
(2 TORY)
1,240
(ONE CRY)
6.8
than 10 seats)
2, 9B SF
Proposed Offices
1,246 F
4spaces
4.8
TOTAL
64
a
60
4' -6'"
a
/
y
RW
SIDEWALK
LANDSCAPING
E
o
-
i
S 7
Proposed Stairway Access to Second Story Offices
(9) Vehicular access to the site will not change and is currently provided via one (1) driveway
from Harbor Boulevard and one (1) driveway from Ball Road. The site plan indicates a total
of 41 parking spaces available for the existing and proposed uses. Code requires 64
spaces based on the following:
USE
SQUARE FEET
CODE - REQUIRED
RATIO
(per 1,000 sq. ft.)
PARKING
REQUIRED
Convenience
2,400
5.5 spaces
13.2
Market
Convenience
Market (2 floor
1,196
4 spaces
4.8
accessory office
and storage)
Drive Through Fast
2,126
16 spaces
34
Food Restaurant
Proposed
Starbucks (less
1,240
5.5 spaces
6.8
than 10 seats)
Proposed Offices
1204
4spaces
4.8
TOTAL
64
(10) The floor plans (Exhibit Nos. 2a and 2b) indicate the Starbucks would have two primary
entryways — one on the west (facing Harbor) and one on the north (facing Ball) and a small
patio area along the Ball Road frontage. No changes are proposed to the first floor of the
convenience market. Based on the direction of the Commission, the applicant has
revised the second floor plan to reduce the size of the proposed office area to 1,204
Page 4
Staff Report to the
Planning Commission
November 28, 2005
Item No. 3
square feet, and from nine (9) to four (4) office suites with the balance of the area
devoted to expansion of the accessory office and storage area for the convenience
market and (2) restrooms. Three (3) stairways would access the second story space —
two (2) stairways from the exterior and one (1) from the interior of the market. A small
interior access to the roof of the Starbucks would be located at the north side of building.
I _ New Starbucks I
Location
1200 y
(11) The elevation plans and color renderings (Exhibit No. 4a, 4b and 8) indicate a 20 -foot high,
single -story building addition containing a beige stucco finish, clear anodized aluminum
windows, and tile cladding along bottom portion of each elevation. A metal canopy would
wrap the north, west, and east elevations, and would extend through to the existing
convenience market building to provide a visual link between the new and existing portions
of the building. The exterior tile treatment along the bottom portion of the new building
would be added to the existing building for a consistent aesthetic between the convenience
market building and proposed addition. Except for the roof, the new building would be
consistent in design and color with the existing convenience market. Clay tile accents
would extend along the east building elevation to break up the building elevation facing
Palm Street.
(12) The elevation plans further indicate the location of three (3) proposed wall signs to be
located on the north, east, and west elevations of the new portion of the building. The wall
signs would be internally - illuminated, with channel lettering (Pine Grove color), and would
be 1925 square -feet in size. Two Starbucks logos (5.6 square feet each) are proposed as
window signs on the north and west elevations. Code allows the total aggregate area of
wall signs(s), including the area of awning signs or similar signs affixed to the building
elevation, to be a maximum of ten percent (10 %) of the area of the face of the building to
which such sign(s) are attached or two hundred (200) square feet, whichever is less. Signs
on the inside of windows of commercial buildings are allowed, provided all such permanent
and temporary signs obscure no more than ten percent (10 %) of the total window area.
The proposed signs comply with Code.
Page 5
Staff Report to the
Planning Commission
November 28, 2005
Item No. 3
(13) The roof plan (Exhibit No. 9) indicates four (4) foot high address numbers and two air
conditioning units on the proposed flat roof of the new Starbucks. Cross - section details
reflect the equipment would be screened from view by a roof parapet wall integrated into
the architecture of the building in compliance with Code. Code requires roof - mounted
mechanical equipment to be screened from view in any direction (360 degrees) from any
public right -of -way, public property or any adjacent property as may be seen from a point
six (6) feet above ground level on such adjacent property, public property, or sidewalk on
the opposite side of the street. Code further requires screening of equipment be an integral
part of the building design such that the screening method and materials are not
recognizable as a screening device and materials of the screening be provided by
acceptable, permanent building materials, the same as or similar to those used in the
construction of the underlying building.
View of Existing Landscaping Adjacent to Ball Road
(14) The landscape plan (Revision 1 of Exhibit No. 6) reflects all existing landscaped areas on
site and indicates that no changes are proposed to on -site landscaping as part of this
proposal. Site photographs indicate all on site landscaping is being properly maintained.
Staff observed 21 trees along Ball Road, 25 trees along Harbor Boulevard, and 19 trees
along Palm Street, within the setback areas. Code requires one tree for every 20 lineal
feet of street frontage (9 trees on Ball Road, 16 trees on Harbor Boulevard and 16 trees on
Palm Street). Code further requires that at least one (1) tree per 3,000 square feet of
parking area and /or vehicular accessways be distributed throughout the parking area with
an average of forty-eight (48) square feet of planter area provided per required tree, and a
minimum planter dimension of five (5) feet. With the exception of the requested waiver of
landscape setback along Palm Street and the number of trees within the parking area and
setback areas (of which the applicant is aware and willing to address to comply with Code
as conditioned), the existing landscaping complies with Code.
Page 6
Staff Report to the
Planning Commission
November 28, 2005
Item No. 3
(15) The property owner submitted a letter of request indicating the second story of the
convenience market would be improved to create separate leasable office spaces. The
letter further indicates a proposed addition to accommodate a new Starbucks. No
information has been provided detailing the proposed operation of the Starbucks. The
applicant has indicated the Starbucks would have no more than ten (10) seats within the
proposed seating area inside the building.
ENVIRONMENTAL IMPACT ANALYSIS:
(16) Staff has reviewed the proposal and the Initial Study (a copy of which is available for review
in the Planning Department) and finds no significant environmental impact and, therefore,
recommends that a Negative Declaration be approved upon a finding by the Commission
that the declaration reflects the independent judgment of the lead agency; and that it has
considered the proposed Negative Declaration together with any comments received
during the public review process and further finding on the basis of the Initial Study and any
comments received that there is no substantial evidence that the project will have a
significant effect on the environment-
EVALUATION
(17) Commercial retail centers (two or more tenant spaces) are permitted in the C -G zone
subject to the approval of a conditional use permit.
Photograph of the Existing Building and Wall along Palm Street
(18) Waiver (a) pertains to the minimum structural and landscaped setback adjacent to a local
street. Code requires a 10 -foot wide structural and landscaped setback along local
streets and plans indicate a setback of two (2) feet from the ultimate right -of -way for the
Page 7
j
ate,
A—
Y
Photograph of the Existing Building and Wall along Palm Street
(18) Waiver (a) pertains to the minimum structural and landscaped setback adjacent to a local
street. Code requires a 10 -foot wide structural and landscaped setback along local
streets and plans indicate a setback of two (2) feet from the ultimate right -of -way for the
Page 7
Staff Report to the
Planning Commission
November 28, 2005
Item No. 3
proposed Starbucks. The new building would be constructed in line with the existing
convenience market building on site (see photograph above). The existing building was
originally approved with a waiver for minimum landscaped setback adjacent to a
residential zone. At that time, Code required a minimum 10 -foot wide landscaped
setback and a minimum 6 -foot high screen wall to buffer the adjacent residential uses
from the commercial use. The waiver was granted based upon the proposed layered
landscape theme and an 8 -foot high block wall (seen in photo above). Because the
proposed addition would be in line with the existing building and the existing wall, and
since the addition would be consistent with the assumptions of the previously- approved
waiver, staff believes the necessary findings for approval of the requested waiver can be
justified, given the property's unique shape and location (fronts on three streets with over
800 linear feet of frontage. Required street and front setbacks are intended to provide an
adequate landscaped buffer between buildings and the adjacent public or private streets.
Since the proposal meets the intent of the Code and is consistent with the previously -
approved waiver, staff recommends approval of the waiver.
(19) Waiver (b), pertaining to required dedication and improvement to a local street has been
deleted as it is not necessary.
(20) Waiver (c) pertains to the minimum number of parking spaces. Code requires a
minimum of 64 spaces for the combined uses on site and 41 spaces are proposed. The
applicant has submitted a parking analysis prepared by Kunzman Associates, Inc., dated
November 7, 2005, to substantiate the requested parking waiver. The City's independent
traffic engineer has reviewed the parking analysis and has determined that the proposed
parking area referenced in the study would be sufficient for the existing and proposed
uses on the property. Based upon the analysis provided by the applicant and upon the
recommendation of the City's independent traffic engineer, staff recommends approval of
this waiver based on the following findings:
"(a) That the waiver, under the conditions imposed, if any, will not cause fewer off - street
parking spaces to be provided for such use than the number of such spaces
necessary to accommodate all vehicles attributable to such use under the normal and
reasonable foreseeable conditions of operation of such use.
The observed parking demand of the existing on site uses is 25 spaces, resulting in
an excess of 16 parking spaces. The proposed uses would generate a Code - required
demand of 15 spaces. Since the project would provide a total of 41 parking spaces,
and project demand would be a total of 40 spaces, staff believes the project would
provide adequate off - street parking to accommodate all vehicles attributable to the
proposal under normal operation.
(b) That the waiver, under the conditions imposed, if any, will not increase the demand
and competition for parking spaces upon the public streets in the immediate vicinity of
the proposed use.
As demonstrated in this parking study, the project will provide adequate parking on-
site to accommodate parking demand under normal operation. The site is expected to
contain a surplus of at least one space during peak operation. It is unlikely that the on
site peak demand of current uses (12:30 p.m. on a Saturday) would conflict with the
peak demand for the two proposed uses (Starbucks and offices); therefore, staff does
not believe there would be an impact upon on- street parking as a result of this use.
Page 8
Staff Report to the
Planning Commission
November 28, 2005
Item No. 3
(c) That the waiver, under the conditions imposed, if any, will not increase the demand for
parking spaces upon adjacent private property in the immediate vicinity of the
proposed use.
The property will provide adequate parking to accommodate actual parking demand.
The site is expected to contain a surplus of at least one space during peak operation.
However, it is unlikely that the on site peak demand of current uses (12:30 p.m. on a
Saturday) would conflict with the peak demand for the two proposed uses (Starbucks
and offices). As indicated by the study, no demand for parking on adjacent private
property is anticipated.
(d) That the waiver, under the conditions imposed, will not increase traffic congestion
within the off - street parking areas or lots provided for such use.
No change in the configuration of the site driveways or internal circulation are
proposed in a manner that would create potential conflict or traffic congestion within
the site. The combined uses on site operate such that peak operation demand for the
uses would generally not overlap (Taco Bell has a high weekend lunch demand,
Starbucks typically has a morning weekday demand, the service station and
convenience market would generally have a high morning and evening demand, and
the office would have a weekday demand). Since the peak demands of the uses do
not significantly overlap, traffic congestion would not be anticipated with
implementation of the project.
(e) That the waiver, under the conditions imposed, will not impede vehicular ingress to or
egress from adjacent properties upon the public streets in the immediate vicinity of the
proposed use.
No change is proposed to the location of the driveways on the site and only a minor
change to the parking layout is proposed and would not impede vehicular ingress to or
egress from adjacent properties. Furthermore, it has been established previously that
a sufficient supply of off - street parking will be provided to meet the forecasted parking
demand. Therefore, neither stacking onto the public street nor blocking an adjacent
driveway would be expected to occur.
(21) As a result of the Commission's direction at the November 14, 2005, meeting, the
applicant has reduced the size of the proposed leasable office area to approximately
57 percent of the total office area on the second floor of the convenience market.
Further, the number of office suites has been reduced from nine (9) to four (4).
Although the number of spaces required by Code did not change, the actual demand
should experienced on the property should be lower. Staff has included a condition
of approval limiting the number of office spaces to four (4) and another condition
prohibiting the establishment of medical or dental offices at this location. In
response to the Commission's concerns pertaining to the building elevations, staff
has included a condition of approval requiring the applicant to submit final elevation
plans for the Commission's review as a Reports and Recommendation Item.
(22) Although staff is supportive of the request to construct the Starbucks and to establish a
commercial retail center with the proposed offices, staff has concerns pertaining to on -site
signage for each individual tenant that may lease the office spaces above the convenience
market building. Staff has included a condition of approval limiting the signage for the
offices to one wall sign above the office entryway on the west elevation of the convenience
market building. Staff believes the size and shape of the property is adequate to
Page 9
Staff Report to the
Planning Commission
November 28, 2005
Item No. 3
accommodate the combined uses on site and recommends approval of the request to
construct a coffee shop (Starbucks) and to establish a commercial retail center (with
offices), with the associated waivers-
FINDINGS
(23) Section 18.42.110 of the parking code sets forth the following findings which are required to
be made before a parking waiver is approved by the Planning Commission:
(a) That the waiver, under the conditions imposed, if any, will not cause fewer off - street
parking spaces to be provided for such use than the number of such spaces
necessary to accommodate all vehicles attributable to such use under the normal and
reasonable foreseeable conditions of operation of such use.
(b) That the waiver, under the conditions imposed, if any, will not increase the demand
and competition for parking spaces upon the public streets in the immediate vicinity of
the proposed use.
(c) That the waiver, under the conditions imposed, if any, will not increase the demand for
parking spaces upon adjacent private property in the immediate vicinity of the
proposed use.
(d) Thatthe waiver, underthe conditions imposed, will not increase traffic congestion
within the off - street parking areas or lots provided for such use.
(e) That the waiver, under the conditions imposed, will not impede vehicular ingress to or
egress from adjacent properties upon the public streets in the immediate vicinity of the
proposed use.
Unless conditions to the contrary are expressly imposed upon the granting of any waiver
pursuant to this section, the granting of the waiver shall be deemed contingent upon
operation of the proposed use in conformance with the assumptions relating to the operation
and intensity of the use as contained in the Parking Demand Study that formed the basis for
approval of the waiver. Exceeding, violating, intensifying or otherwise deviating from any of
the assumptions as contained in the Parking Demand Study shall be deemed a violation of
the express conditions imposed upon the waiver, which shall subject the waiver to
revocation or modification pursuant to the provisions of Section 18.60200 (City- Initiated
Revocation or Modification of Permits).
(24) When practical difficulties or unnecessary hardships result from strict enforcement of the
Zoning Code, a modification may be granted for the purpose of assuring that no property,
because of special circumstances applicable to it, shall be deprived of privileges commonly
enjoyed by other properties in the same vicinity and zone. The sole purpose of any waiver
is to prevent discrimination and none shall be approved which would have the effect of
granting a special privilege not shared by other similar properties. Therefore, before any
waiver is granted by the Commission, it shall be shown:
(a) That there are special circumstances applicable to the property such as size,
shape, topography, location or surroundings, which do not apply to other
identically zoned properties in the vicinity; and
(b) That strict application of the Zoning Code deprives the property of privileges
enjoyed by other properties under identical zoning classification in the vicinity.
Page 10
Staff Report to the
Planning Commission
November 28, 2005
Item No. 3
(25) Before the Commission grants any major modification to a conditional use permit, it must
make a finding of fact that the evidence presented shows that all of the following conditions
exist:
(a) That the modification of use is properly one for which a conditional use permit is
authorized by the Zoning Code, or is an unlisted use as defined in Subsection .030
(Unlisted Uses Permitted) of Section 18.66.040 (Approval Authority);
(b) That the modification will not adversely affect the adjoining land uses or the growth
and development of the area in which it is proposed to be located;
(c) That the size and shape of the site for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area
or to the health and safety;
(d) That the traffic generated by the modified use will not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area; and
(e) That the granting of the modifications under the conditions imposed will not be
detrimental to the health and safety of the citizens of the City of Anaheim.
(26) Before the Commission grants any conditional use permit, it must make a finding of fact that
the evidence presented shows that all of the following conditions exist:
(a) That the use is properly one for which a conditional use permit is authorized by the
Zoning Code, or is an unlisted use as defined in Subsection .030 (Unlisted Uses
Permitted) of Section 18.66.040 (Approval Authority);
(b) That the use will not adversely affect the adjoining land uses or the growth and
development of the area in which it is proposed to be located;
(c) That the size and shape of the site for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area
or to the health and safety;
(d) That the traffic generated by the use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area; and
(e) That the granting of the conditional use permit under the conditions imposed, if any,
will not be detrimental to the health and safety of the citizens of the City of Anaheim-
RECOMMENDATION
(27) Staff recommends that, unless additional or contrary information is received during the
meeting, and based upon the evidence submitted to the Commission, including the
evidence presented in this staff report, and oral and written evidence presented at the public
hearing, the Commission take the following actions:
(a) By motion, aoorove a Negative Declaration.
Page 11
Staff Report to the
Planning Commission
November 28, 2005
Item No. 3
(b) By motion, aoorove waiver (a) pertaining to the minimum structural and landscaped
setback adjacent to a local street based on the findings set forth in paragraph 18 of
this report; and waiver (c) pertaining minimum number of parking spaces based on
the findings set forth in paragraph 20 of this report.
(c) By motion, deny waiver (b), pertaining to required dedication and improvement to a
local street, as it has been deleted
(d) By resolution, approve an amendment to Conditional Use Permit No. 3902 to
construct a coffee shop (Starbucks) and to establish a commercial retail center (with
offices) in conjunction with an existing service station with accessory convenience
market with beer and wine for off - premises consumption and a 2,000 square foot
drive - through fast food restaurant by adopting the attached resolution including the
findings and conditions contained therein.
Page 12
[DRAFT]
RESOLUTION NO. PC2005 ="'
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
AMENDING RESOLUTION NOS. 97R -21 AND PC98 -204, ADOPTED IN CONNECTION WITH
CONDITIONAL USE PERMIT NO. 3902
WHEREAS, on February 25, 1997, Resolution No. 97R -21 was adopted by the Anaheim City
Council to approve Conditional Use Permit No. 3902 and permit a service station and accessory
convenience market with the sale of beer and wine for off - premises consumption, and a drive - through fast
food restaurant at 520 West Ball Road with waivers of maximum wall height and minimum structural and
landscaped setback adjacent to a local street and required site screening; and
WHEREAS, on December 21, 1998, Resolution No. PC98 -204 was adopted by the Anaheim
Planning Commission for approval of revised plans to construct a drive - through fast food restaurant in
conjunction with the service station and accessory convenience market with the sale of beer and wine for off
premises consumption, with waivers of minimum number of parking spaces and minimum drive - through lane
requirements; and
WHEREAS, this property is developed with a service station, accessory convenience market
and fast -food drive - through restaurant in the CG (General Commercial) zone; and
WHEREAS, the applicant requests approval of revised plans to construct a coffee shop
(Starbucks) and to establish a commercial retail center (with offices) in conjunction with the existing service
station, and drive - through fast food restaurant, with waivers of minimum structural and landscape setback,
required improvements for a local street, and minimum number of parking spaces; and
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California,
described as:
PARCEL 1: LOTS 65 THROUGH 69 INCLUSIVE OF TRACT NO. 1758, AS SHOWN ON A
MAP RECORDED IN BOOK 53, PAGES 19 AND 20 OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA.
EXCEPTING FROM SAID LOT 65 THAT PORTION DESCRIBED AS PARCEL 200709 -1 IN
DEED TO THE STATE OF CALIFORNIA RECORDED AUGUST 31, 1994 AS INSTRUMENT
NO. 94- 0534178 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY.
PARCEL 2: THE WEST 150.00 FEET OF THE NORTH 150.00 FEET OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN
CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF
MISCELLANEOUS MAPS, RECORDED OF ORANGE COUNTY, CALIFORNIA.
PARCEL 3: THE SOUTH 90.00 FEET OF THE NORTH 240.00 FEET OF THE WEST 150.00
FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN
THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN
BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA.
Cr\PC2005- -1- PC2005-
Tracking No. CUP2005 -05022
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City
of Anaheim on October 3, 2005 at 2:30 p.m., notice of said public hearing having been duly given as required
by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and
consider evidence for and against said proposed conditional use permit and to investigate and make findings
and recommendations in connection therewith; and that said public hearing was continued to the November
14, and November 28, 2005 Planning Commission meetings; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself
and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find
and determine the following facts:
1. That the proposal to construct a coffee shop (Starbucks) and to establish a commercial retail
center (with offices) in conjunction with an existing service station with accessory convenience market with
beer and wine for off - premises consumption and a 2,000 square foot drive -thru fast food restaurant, is
authorized by Anaheim Municipal Code Section 18.08.030.010, with the following waivers:
(a) SECTION NOS. 18.08.060.010.0101
and 18.08.060.010.0102
Minimum structural and landscape
setback (10 feet required along Palm Street;
2 feet proposed)
(b) SECTION NO. 18.40.060.030
(c) SECTION NO. 18.42.040.010
Required dedication and improvements for a
local Street (DELETED
Minimum number of parking spaces
(64 required, 41 proposed and recommended
by the City's independent traffic engineer)
2. That the above - mentioned waiver (a) is hereby approved because the proposed addition
would be in line with the existing building and the existing wall, and since the addition would be consistent
with the assumptions of the previously- approved waiver, staff believes the necessary findings for approval of
the requested waiver can be justified, given the property's unique shape and location (fronts on three streets
with over 800 linear feet of frontage. Required street and front setbacks are intended to provide an adequate
landscaped buffer between buildings and the adjacent public or private streets. Additionally the proposal
meets the intent of the Code and is consistent with the previously- approved waiver staff.
3. That the above - mentioned waiver (b) is hereby denied as it is not necessary.
4. That the above - mentioned waiver (c) is hereby approved based submitted a parking analysis
prepared by Kunzman Associates, Inc., dated November 8, 2005, to substantiate the requested parking
waiver. The City's independent traffic engineer has reviewed the parking analysis and has determined that
the proposed parking area referenced in the study would be sufficient for the proposed uses on the property.
5. That the parking waiver, under the conditions imposed, if any, will not cause fewer off - street
parking spaces to be provided for such use than the number of such spaces necessary to accommodate all
vehicles attributable to such use under the normal and reasonable foreseeable conditions of operation of
such use, since the observed parking demand of the existing on site uses is 25 spaces, resulting in an
excess of 16 parking spaces. The proposed uses would generate a code - required demand of 15 spaces.
Since the project would provide a total of 41 parking spaces, and project demand would be a total of 40
spaces, staff believes the project would provide adequate off - street parking to accommodate all vehicles
attributable to the proposal under normal operation.
6. That the waiver, under the conditions imposed, if any, will not increase the demand and
competition for parking spaces upon the public streets in the immediate vicinity of the proposed use. As
demonstrated in this parking study, the project will provide adequate parking on -site to accommodate parking
-2- PC2005-
demand under normal operation. The site is expected to contain a surplus of at least one space during peak
operation. It is unlikely that the on site peak demand of current uses (12:30 p.m. on a Saturday) would
conflict with the peak demand for the two proposed uses (Starbucks and offices); therefore, staff does not
believe there would be an impact upon on- street parking as a result of this use.
7. That the waiver, under the conditions imposed, if any, will not increase the demand for
parking spaces upon adjacent private property in the immediate vicinity of the proposed use as the property
will provide adequate parking to accommodate actual parking demand. The site is expected to contain a
surplus of at least one space during peak operation. However, it is unlikely that the on site peak demand of
current uses (12:30 p.m. on a Saturday) would conflict with the peak demand for the two proposed uses
(Starbucks and offices). As indicated by the study, no demand for parking on adjacent private property is
anticipated.
8. That the waiver, under the conditions imposed, will not increase traffic congestion within the
off - street parking areas or lots provided for such use since no change in the configuration of the site
driveways or internal circulation are proposed in a manner that would create potential conflict or traffic
congestion within the site. The combined uses on site operate such that peak operation demand for the
uses would generally not overlap (Taco Bell has a high weekend lunch demand, Starbucks typically has a
morning weekday demand, the service station and convenience market would generally have a high morning
and evening demand, and the office would have a weekday demand). Since the peak demands of the uses
do not significantly overlap, traffic congestion would not be anticipated with implementation of the project.
9. That the waiver, under the conditions imposed, will not impede vehicular ingress to or egress
from adjacent properties upon the public streets in the immediate vicinity of the proposed use since no
change is proposed to the location of the driveways on the site and only a minor change to the parking layout
is proposed and would not impede vehicular ingress to or egress from adjacent properties. Furthermore, it
has been established that a sufficient supply of off - street parking will be provided to meet the forecasted
parking demand. Therefore, neither stacking onto the public street nor blocking an adjacent driveway would
be expected to occur.
10. That the use will not adversely affect the adjoining land uses or the growth and development
of the area in which it is proposed to be located as the parking study has demonstrated that the site can
accommodate the combined uses on site;
11. That the granting of the conditional use permit under the conditions imposed, if any, will not
be detrimental to the health and safety of the citizens of the City of Anaheim.
12. That *** indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim Planning
Commission has reviewed the proposal to construct a coffee shop (Starbucks) and to establish a commercial
retail center (with offices) in conjunction with an existing service station with accessory convenience market
with beer and wine for off - premises consumption and a 2,000 square foot drive - through fast food restaurant,
with waiver of minimum number of parking spaces and minimum landscape and structural setback and does
hereby find that a Negative Declaration is adequate to serve as the required environmental documentation in
connection with this request upon finding that the declaration reflects the independent judgment of the lead
agency and that it has considered the Negative Declaration together with any comments received during the
public review process and further finding on the basis of the initial study and any comments received that
there is no substantial evidence that the project will have a significant effect on the environment-
-3- PC2005-
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby grant subject Petition for Conditional Use Permit, amending Conditional Use Permit No. 3902, and
incorporating the conditions of approval contained in Resolution Nos. 97R -21 and PC98 -204 into a resolution
with following conditions which are hereby found to be a necessary prerequisite to the proposed use of the
subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim:
(Bold text indicates new or modified conditions)
1. That there shall be no exterior advertising or sign of any kind or type, including advertising directed to
the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays
of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this
condition.
2. That there shall be no display of beer and wine located outside of the building or within five (5) feet of
any public entrance to the building.
3. That the area of beer and wine displays shall not exceed 25% of the total display area in the building.
Said information shall be specifically shown on plans submitted for building permits.
4. That the sale of beer and wine shall be made to customers only when the customer is in the building.
5. That beer and malt beverages shall not be sold in packages containing less than a six (6) pack, and that
wine coolers shall not be sold in packages containing less than a four (4) pack.
6. That the possession of beer and wine in open containers and the consumption of beer and wine are
prohibited on or around the premises.
7. That the gross sales of beer and wine shall not exceed 40% of all retail sales during any three (3) month
period. The applicant shall maintain records on a quarterly basis indicating the separate amounts of
sales of beer and wine and other items. These records shall be made available for inspection by any
City of Anaheim official when requested.
8. That no wine shall be sold in bottles or containers smaller than 750 ml.
9. That no person under eighteen (18) years of age shall sell or be permitted to sell any beer or wine
unless a supervisor twenty -one (21) years or older is on site.
10. That window signage shall not be permitted for the service station, convenience market and/or fast food
restaurant.
11. That the sale of beer and wine shall be permitted only between the hours of 8 am and 11 pm.
12. That the order speaker device for the drive -thru restaurant shall be equipped with an operable volume
control. The sound emitted shall not be audible at the residentially zoned boundaries to the south and
east. The ordering device shall not operate after 11 pm or before 6 am.
13. That no propane tank(s) shall be permitted on site.
14. That adequate lighting of parking lots, driveway, circulation areas, aisles, passageways, recesses and
grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate
illumination to make clearly visible the presence of any person on or about the premises during the
hours of darkness and provide a safe, secure environment for all persons, property, and vehicles on-
site. Said lighting shall be directed, positioned and shielded in such a manner so as not to
unreasonably illuminate the window areas of the adjacent residential properties.
15. That no video, electronic or other amusement devices shall be permitted on the premises-
-4- PC2005-
16. That the service station, convenience market, coffee shop, and fast food restaurant employees shall be
required to park in the parking spaces adjacent to the east property line.
17. That no medical or dental offices shall be allowed at this site.
18. That no more than four (4) leasable office spaces shall be permitted with a total floor area of
1,204 square feet on the second floor of the convenience market. The remaining area shall be
limited in use to office and storage area for the convenience market. Said information shall be
indicated on plans submitted for building permits.
19. That final sign plans shall be submitted to the Planning Services Division for review and
approval as to placement, design and materials of all proposed on -site signage. That the
additional signage shall be limited to a single wall sign on the west elevation of the convenience
market building to identify the office space; and the wall signs shown on the approved exhibits
for the Starbucks. No additional wall or freestanding /monument signs shall be permitted. The
signage shall be designed to complement the architecture of the commercial retail center. Any
decision by staff may be appealed to the Planning Commission as a "Reports and
Recommendations" item.
20. That if the Starbucks use changes, an updated parking study shall be provided to the Planning
Services Division for review and approval by staff to determine whether the assumptions
contained in the original parking study are still valid. Any decision by staff may be appealed to
the Planning Commission as a "Reports and Recommendations" item.
21. That all public phones shall be located inside the building.
22. That all trash generated from the commercial retail center shall be properly contained in trash
bins located within approved trash enclosures. The number of bins shall be adequate and the
trash pick -up shall be as frequent as necessary to ensure the sanitary handling and timely
removal of refuse from the property. The Community Preservation Division of the Planning
Department shall determine the need for additional bins or additional pick -up. All costs for
increasing the number of bins or frequency of pick -up shall be paid by the business owner.
23. That any tree or other landscaping planted on -site shall be replaced in a timely manner in the
event that it is removed, damaged, diseased and /or dead.
24. That no roof - mounted balloons or other inflatable devices shall be permitted on the property.
25. That no outdoor vending machines shall be permitted on the property.
26. That 4 -foot high street address numbers shall be displayed on the roof of the building in a color
that contrasts with the roof material. The numbers shall not be visible from the streets or
adjacent properties. Said information shall be specifically shown on plans submitted for
building permits.
27. That there shall be no outdoor storage permitted on the premises.
28. That roof - mounted equipment shall be screened from view in accordance with the requirements
of Anaheim Municipal Code Section 18.38.170 pertaining to the C -G (General Commercial) Zone.
Said information shall be specifically shown on plans submitted for building permits.
29. That the property shall be permanently maintained in an orderly fashion by the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within
twenty four (24) hours from time of occurrence.
-5- PC2005-
30. That all requests for new water services or fire lines, as well as any modifications, relocations,
or abandonments of existing water services and fire lines, shall be coordinated through Water
Engineering Division of the Anaheim Public Utilities Department.
31. That all existing water services and fire lines shall conform to current Water Service Standards
Specifications. Any water service and /or fire line that does not meet current standards shall be
upgraded if continued use if necessary or abandoned if the existing water service is no longer
needed. The owner /developer shall be responsible for the costs to upgrade or to abandon any
water service of fire line.
32. That the developer shall submit grading plans to the Public Works Department, Development
Services Division to improve right -of -way with the installation of parkway and street trees and
irrigation on Ball Road in conformance with Public Works Standard Detail 110 and the
Department of Public Works Landscape and Irrigation Manual for Public Streets, Highway, Right -
of -way and Easements. Landscaping and irrigation in the public right -of -way along Ball Road
shall be connected to the on -site irrigation system and maintained by the property owner.
33. That the property owner shall irrevocably offer to dedicate for corner cut -off for road, public
utilities and other public purposes, at Ball Road and Harbor Boulevard and Ball Road and Palm
Street.
34. That the property owner shall improve the sidewalk access ramps adjacent to the property to be
consistent with Public Works Standard Detail 111 -2 on Ball Road. Said information shall be
specifically shown on plans submitted for Public Works Department, Development Services
Division approval.
35. That the property owner shall irrevocably offer to dedicate to the City of Anaheim an easement 3
feet in width (12 -feet total r/w behind curb is required) for a total distance of 30 feet from the
construction centerline of Palm Street for road, public utilities and other public purposes.
36. That the locations for future above - ground utility devices including, but not limited to, electrical
transformers, water backflow devices, gas, communications and cable devices, etc., shall be
shown on plans submitted for building permits. Plans shall also identity the specific screening
treatments of each device (i.e. landscape screening, color of walls, materials, identifiers, access
points, etc.). Said information shall be specifically shown on plans submitted for building
permits.
37. That any required relocation of City electrical facilities shall be at the developer's expense.
38. That plans shall be submitted to the Traffic and Transportation manager for his review and
approval showing conformance with Engineering Standard No. 115 pertaining to sight distance
visibility for the monument sign and wall /fence location.
39. That the property owner /developer shall provide the City of Anaheim with a public utilities
easement to be determined as electrical design is completed.
40. That plans shall be submitted to the Planning Services Division for review and approval in
conformance with the current version of Engineering Standard Plan Nos. 436, and 470 pertaining
to parking standards and driveway location. Subject property shall thereupon be developed and
maintained in conformance with said plans.
41. That an Emergency Listing Card, Form ADP -281 shall be submitted in a completed form to the
Anaheim Police Department.
-6- PC2005-
42. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall
be fully screened by architectural devices and /or appropriate building materials. Said
information shall be specifically shown on the plans submitted for building permits.
43. That a final landscape plan shall be submitted to the Planning Services Division for review and
approval. Said plans shall specify the following:
The size, type, and location of all trees, shrubs, and ground cover proposed for the site.
Minimum 24 -inch box sized trees, and clinging vines along all perimeter block walls and
landscaped fingers every ten (10) parking stalls.
Trees within the parking area evenly distributed within all proposed landscaped fingers.
Any decision by staff may be appealed to the Planning Commission as a "Reports and
Recommendations" item.
44. That no on- street parking shall be permitted on the west side of Palm Street for a distance of
three hundred (300) feet south from Ball Road.
45. That final elevation plans reflecting a design that creates a unified look between the existing
building and the proposed addition shall be submitted to the Planning Services Division for
review by the Planning Commission as a Reports and Recommendation Item.
46. That the subject property shall be developed substantially in accordance with the plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are on file
with the Planning Department Revision No. 2 of Exhibit No. 1, Revision No. 1 of Exhibit Nos. 3
and 6, and Exhibit Nos. 2a, 2b, 4a, 4b, 5, 7, 8, and 9, and as conditioned herein.
47. That prior to issuance of a building permit, or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 18, 19, 26, 28, 32, 33, 34, 35, 36, 38, 39, 40, 42,
43 and 45, above mentioned, shall be complied with. Extensions for further time to complete
said conditions may be granted in accordance with Section 18.60.170 of the Anaheim Municipal
Code.
48. That prior to final building and zoning inspections, Condition Nos. 30, 34, 41, and 46, above
mentioned, shall be complied with. Extensions for further time to complete said conditions may
be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code.
49. That approval of this application constitutes approval of the proposed request only to the extent
that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State
and Federal regulations. Approval does not include any action or findings as to compliance or
approval of the request regarding any other applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and
all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared
invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and void.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related
to the processing of this discretionary case application within 15 days of the issuance of the final invoice or
prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges
shall result in delays in the issuance of required permits or the revocation of the approval of this application.
-7- PC2005-
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
November 28, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions — General' of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeal.
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on November 28, 2005, 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
2005.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-8- PC2005-
0 0 Attachment - Item No. 3
W-1-i oximelm •
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 3902 BE GRANTED, IN PART
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
PARCEL 1: LOTS 65 THROUGH 69 INCLUSIVE OF TRACT NO. 1758, AS
SHOWN ON A MAP RECORDED IN BOOK 53, PAGES 19 AND 20 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
EXCEPTING FROM SAID LOT 65 THAT PORTION DESCRIBED AS PARCEL
200709 -1 IN DEED TO THE STATE OF CALIFORNIA RECORDED AUGUST 31,
1994 AS INSTRUMENT NO. 94 -0534178 OF OFFICIAL RECORDS OF SAID
ORANGE COUNTY.
PARCEL 2: THE WEST 150.00 FEET OF THE NORTH 150.00 FEET OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE
RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP
RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDED OF
ORANGE COUNTY, CALIFORNIA.
PARCEL 3: THE SOUTH 90.00 FEET OF THE NORTH 240.00 FEET OF THE
WEST 150.00 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 4
SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA,
AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
In the City of Anaheim on January 22, 1997 at 1:30 p.m., notice of said public hearing having been duly
given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter
18.03, to hear and consider evidence for and against said proposed conditional use permit and to
Investigate and make findings and recommendations In connection therewith; and that the said public
hearing was continued to the February 3, 1997 Planning Commission meeting; and
WHEREAS, said Commission, after due Inspection, Investigation and study made by itself
and In its behalf, and after due consideration of all evidence and reports offered at said hearing, does find
and determine the following facts:
1. That the proposed use Is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Sections 18.44.050.070, 18.44.050.195, 18.44.050.300 and 18.87.023.020 to permit
a service station and accessory convenience market with sale of beer and wine for off - premises
consumption and a 2,100 sq.ft. drive- through, fast -food restaurant with the following waivers:
CR2818DM. W P -1- P097 -9
(a) Sections 18 04.043.102 Maximum wall helaht
and 18.44 068 (6 -foot high block wall required adjacent
to residential zone boundaries;
8 -foot high block wall proposed adjacent
to RS -7200 "Residential, Single - Family'
zoning to the south)
(b) Sections 18- 06.050.020.0225 Minimum number of parking spaces,
18.06 050 020.0233
18.06 080
and 18 44 066.050
(c) Sections 18.04.043.101(a) Minimum structural and landscaped
setback adjacent
18.44.063.020 to a local street and required site
screening
and 18.44.068 (10400t wide landscaped structural
setback required along Palm Street, ¢
foot landscaped setback proposed;
6400t high block wall required behind
the required 10 -foot landscaped setback
along Palm Street to screen the parking
spaces from the residences along Palm
Street, 8400t high block wall proposed
behind the 5 -foot landscaped setback
and
maximum 3400t high block wall
permitted within 10 feet of Palm Street,
8 -foot high block wall proposed 5 feet
from Palm Street)
• r •. r r 1 t'i177Nl7f•Ti 177, M7131;7elace
J .. =
to a residential zone boundarv.
2. That waiver (a) Is hereby approved on the basis that there Is a special circumstance
applicable to the property consisting of its location adjoining a single family residence In the RS -7200
Zone, which does not apply to other Identically zoned properties In the vicinity; and that the proposed
8 -foot wall height will enhance the separation of the proposed commercial uses from the existing single-
family residence to the south;
3. That waiver (b) Is hereby denied on the basis that the need for said parking waiver was
deleted in connection with submittal of final plans;
4. That waiver (c) Is hereby approved on the basis that there are special circumstances
applicable to the property consisting of Its location and surroundings, which do not apply to other
identically zoned properties In the vicinity, because subject property abuts Palm Street on the east (a
residential area) and Harbor Boulevard (a major arterial highway) on the west; that the proposed 8 -foot
high wall behind the 5 -foot wide landscaped setback along Palm Street will provide Increased separation
of the proposed commercial uses from the residential neighborhood to the east; and that the petitioner
has Incorporated extensive layered landscape planting that will give the appearance of greater depth to
this landscaped area and, further, has proposed to plant vines on both sides of the block wall with
additional shrubs planted In a 2 -foot wide landscaped setback on the west (service station side) of the
block wall to visually "soften" said wall as viewed from Harbor Boulevard;
-2- PC97 -9
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5. That waiver (d) is hereby denied on the basis that the need for said landscaped setback
waiver was deleted in connection with submittal of final plans;
6. That strict application of the Zoning Code deprives the property of privileges enjoyed by
other properties under Identical zoning classification In the vicinity;
7. That the proposed use Is properly one for which a conditional use permit Is authorized by
the Zoning Code;
8. That the proposed use will not adversely affect the adjoining land uses and the growth and
development of the area In which it Is proposed to be located because the proposed service station and
drive- through restaurant are compatible with nearby commercial land uses and are consistent with similar
types of land uses located at the intersection of many arterial highways throughout the City;
9. That the size and shape of the site for the proposed use Is adequate to allow the full
development of the proposed use In a manner not detrimental to the particular area nor to the peace,
health, safety, and general welfare because, as designed, the project Is sensitive to the protection of
nearby single - family residences; and, as conditioned, the proposed service station and drive - through
restaurant will not adversely affect nearby commercial businesses nor adversely Impact the existing single-
family residential neighborhood to the south and east;
10. That the traffic generated by the proposed use will not Impose an undue burden upon the
streets and highways designed and Improved to carry the traffic In the area because adequate
Ingress /egress from public streets, on -site vehicular circulation, and Code - required parking for the
customers patronizing the proposed service station and drive- through restaurant will be provided;
11. That the granting of the conditional use permit, under the conditions Imposed, will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim;
12. That no one indicated their presence at said public hearing In opposition; and that no
correspondence was received In opposition to the subject petition; and
13 That the proposed restaurant Is 2,100 sq.ft. Instead of 2,000 sq.ft. as advertised in error.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim City Planning
Commission has reviewed the proposal to permit a service station and accessory convenience market with
sales of beer and wine for off - premises consumption, and a 2,100 square -foot (advertised as 2,000 sq.ft.)
drive- through, fast food restaurant with waivers of (a) maximum wall height, (b) minimum number of
parking spaces, (c) minimum structural and landscaped setback adjacent to a local street and required
site screening, and (d) minimum landscaped setback adjacent to a residential zone boundary on an
Irregularly-shaped parcel, consisting of approximately 0.98 acre located at the southeast corner of Ball
Road and Harbor Boulevard, having approximate frontages of 185 feet on the south side of Ball Road and
285 feet on the east side of Harbor Boulevard, and further described as 520 West Bell Road; and does
hereby approve the Negative Declaration upon finding that the declaration reflects the Independent
judgement of the lead agency and that it has considered the Negative Declaration together with any
comments received during the public review process and further finding on the basis of the Initial study
and any comments received that there is no substantial evidence that the project will have a significant
effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby grant, In part subject Petition for Conditional Use Permit, upon the following conditions which are
hereby found to be a necessary prerequisite to the proposed use of the subject property In order to
preserve the safety and general welfare of the Citizens of the City of Anaheim:
-3- PC97 -9
0
1. That this conditional use permit is granted subject to City Council adoption of General Plan
Amendment No. 343 and adoption of a zoning ordinance In connection with Reclassification No.
96 -97 -03, now pending.
2. That a lot line adjustment to merge the lots Into one (1) parcel shall be submitted to the Subdivision
Section of the Public Works Department for approval by the City Engineer, and then recorded in the
Office of the Orange County Recorder.
3. That the developer shall submit an application to the Real Property Section to abandon the existing
public utility easements on -site and to obtain vehicular access rights to Harbor Boulevard (in order
to accommodate the approved site plan, vehicular access rights to Harbor Boulevard must, first be
approved by the City Council).
4. That prior to grading plan approval, the developer shall submit a Water Quality Management Plan
(WQMP) specifically identifying the best management practices that will be used on -site to control
predictable pollutants from stormwater runoff. The WQMP shall be submitted to the Public Works
Department, Development Services Division, for review and approval.
5. That the developer shall reconstruct the curb and gutter and construct full width sidewalk (i.e. ten [10)
feet wide) along Ball Road in conformance with Public Works Department standards. A Right -of -Way
Construction permit shall be obtained from the Public Works Department, Development Services
Division. The Improvements shall be constructed prior to the first final building and zoning
Inspections.
6. That gates shall not be Installed across any driveways In a manner which may adversely affect
vehicular traffic in the adjacent public streets. Installation of any gates shall conform to Engineering
Standard Plan No. 609 and shall be subject to the review and approval of the City Traffic and
Transportation Manager prior to Installatlon of said gates.
7. That no roof mounted equipment shall be permitted unless fully screened from view from all public
streets and adjacent properties In accordance with the Anaheim Municipal Code.
8. That the proposed freestanding sign on subject property shall be constructed as shown on Exhibit
No. 7 and shall be subject to the review and approval of the City Traffic and Transportation Manager
to determine adequate lines-of-sight prior to Issuance of the building permit.
9. That plans shall be submitted to the City Traffic and Transportation Manager for his review and
approval showing conformance with the latest revisions of Engineering Standard Plan Nos. 436 and
602 pertaining to parking standards and driveway locations. Subject property shall thereupon be
developed and maintained In conformance with said plans.
10. That no driveway or pedestrian access shall be permitted along the east property line (to /from Palm
Street).
11. That all driveways shall be constructed with ten (10) foot radius curb returns In conformance with
Engineering Department Standard No. 137.
12. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted
to the Public Works Department, Streets and Sanitation Division, for review and approval.
13. That an on -site trash truck turn - around area shall be provided and maintained to the satisfaction of
the Public Works Department, Streets and Sanitation Division. Said turn - around area shall be
specifically shown on plans submitted for building permits.
-4- PC97 -9
0
14. That during business hours of subject facility, separate men's and women's rest rooms shall be
available to the public, and shall be properly supplied and maintained. Said facilities shall be
specifically shown on the plans submitted for building permits.
15. That, in conformance with Anaheim Municipal Code Section 18.44.050.070 pertaining to removal of
closed service stations, an unsubordinated agreement shall be recorded with the Office of the Orange
County Recorder agreeing to remove the service station structures (including the underground tanks)
In the event that the station Is closed for a period of twelve (12) consecutive months. A service
station shall be considered closed during any month In which it Is open for less than fifteen (15) days.
A copy of the recorded agreement shall be submitted to the Zoning Division.
16. That all provisions of Anaheim Municipal Code Section 18.87.023.020 (as it may be amended from
time to time), pertaining to the sale of beer and wine for off - premises consumption shall be compiled
with.
17. That the sales of alcoholic beverages shall not exceed forty percent (40 %) of the gross sales of all
retail sales during any three (3) month period. The applicant shall maintain records on a quarterly
basis indicating the separate amounts of sales of alcoholic beverages and other Rams. These records
shall be subject to audit and made available when requested by any City of Anaheim official during
reasonable business hours.
18. That no display of beer or wine shall be located outside the building or within five (5) feet of any
public entrance to the building.
19. That the areas of beer or wine displays shall not exceed twenty five percent (25 %) of the total display
area In the building.
20. That window signage shall not be permitted for the service station, convenience market and /or fast -
food restaurant.
21. That no advertising of beer or wine shall be located, placed or attached to any location on the
exterior of the building; and that any advertising on the Interior of the building shall not be visible
or audible to anyone outside the building.
22. That no video, electronic or other amusement devices or games shall be permitted anywhere on the
property.
23. That the sale of alcoholic beverages shall be made to customers only when the customer is inside
the building.
24. That no person under twenty one (21) years of age shall sell or be permitted to sell any beer or wine.
25. That sales of beer and /or wine shall be permitted only between the hours of 8 a.m. and 11 p.m.
26. That no alcoholic beverages shall be consumed on the premises.
27. That the parking lot serving the premises shall be equipped with lighting of sufficient power to
Illuminate and make easily discernible the appearance and conduct of all persons on, or about, the
parking lot. Said lighting shall be directed, positioned and shielded In such a manner so as not to
unreasonably Illuminate the window areas of nearby residences, and that said dlrectloning, positioning
and /or shielding of lighting shall be specified on plans submitted for bullding permits.
-5- PC97 -9
0 0
28. That any pudic telephones proposed on -site shall be located inside the convenience market or fast -
food restaurant; or, If placed outside, shall be attached to the wall of the building within twelve (12)
feet of the main entrance to the building.
29. That beer shall not be sold In packages containing less than a six (6) pack, and that wine shall not
be sold In packages less than a four (4) pack.
30. That no food which is cooked, heated, reheated, assembled or altered on the site (i.e., take -out food)
shall be permitted at the convenience market unless a separate variance for parking is approved or
unless additional Code required parking Is provided.
31. That the order speaker device for the drive- through restaurant shall be equipped with an operable
volume control. The sound emitted shall not be audible at the residentially zoned boundaries to the
south and east. The ordering device shall not be utilized after 11:00 p.m. or before 6 a.m.
32. That service station, convenience market and restaurant employees shall be required to park In the
parking spaces adjacent to the east property line.
33. That no propane tank(s) shall be permitted on -site.
34. That all landscaped areas shall be planted, Irrigated and maintained, Including removing litter, and
shall be In conformance with Exhibit No. 6.
35. That the owner of subject property shall be responsible for the removal of any on -slte graffiti within
twenty four (24) hours after its application.
36. That any plans for additional slgnage, except for the proposed monument sign Identified In Exhibit
No. 7, shall be submitted to the Zoning Division for review and approval by the Planning Commission
as a "Reports and Recommendatlons" Item. No advertising signs other than those approved by the
Planning Commission shall be constructed on subject property.
37. That landscape Irrigation plans for the subject property shall be submitted to the Planning Division
for review and approval.
38. That any tree or other landscaping planted on -site shall be replaced in a timely manner in the event
that it Is removed, damaged, diseased and /or dead.
39. That hours of operation shall not exceed the following:
Service Station /Convenience Market: open 24 hours
Fast -food Restaurant: open 24 hours
Drive4hrough Lane: 6:00 a.m. to 11:00 P.M.
40. That a three (3) foot high landscape berm shall be Installed adjacent to Ball Road and Harbor
Boulevard as shown on Exhibit No. 6.
41. That the property owner shall be responsible for the construction and maintenance of the required
eight (8) foot high block walls located along the south property line (RS -7200 zoning) and located
behind the five (5) foot landscaped setback along the east property line (Palm Street).
42. That subject property shall be developed substantially In accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1 through 7. The approved project may be constructed In two (2)
-6- PC97 -9
0 •
phases (I.e. service station /convenience market and fast food restaurant) provided that all conditions
are complied with.
43. That prior to Issuance of a building permit or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 1, 2, 3, 4, 9, 12, 13, 14, 15, 27 and 37
above - mentioned, shall be complied with. Extensions for further time to complete said conditions
may be granted In accordance with Section 18.03.090 of the Anaheim Municipal Code.
44. That prior to final building and zoning Inspections, Condition Nos. 5, 11, 31, 34, 40, 41 and 42,
above - mentioned, shall be compiled with.
45. That approval of this application constitutes approval of the proposed request only to the extent that
It complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal
regulations. Approval does not Include any action or findings as to compliance or approval of the
request regarding any other applicable ordinance, regulation or requirement.
46. That, If determined to be necessary by the Anaheim Police Department, a minimum of one (1)
licensed uniformed security guard shall be provided on the premises specifically to provide security
and to discourage vandalism, trespass and /or loitering upon or adjacent to the subject property.
Said security guard's hours shall be as determined to be appropriate by the Anaheim Police
Department.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find
and determine that adoption of this Resolution Is expressly predicated upon applicant's compliance with
each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be
declared Invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
February 3, 1997.
(Original signed by Robert Messe)
CHAIRPERSON ANAHEIM CITY PLANNING COMMISSION
ATTEST:
( Original signed by Margarita Solorio)
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) as.
CITY OF ANAHEIM )
I, Margarita Solodo, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on February 3, 1997, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, MAYER, MESSE, PERAZA
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this day of
1ss7. 100LInal sij),ned by Margarita $010 r — Cow
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-7- PC97 -9
f 1
LJ
• Attachment - Item No. 3
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING RESOLUTION NO. 97R-21, ADOPTED IN CONNECTION WITH
CONDITIONAL USE PERMIT NO. 3902
WHEREAS, on February 25, 1997, Resolution No. 97R -21 was adopted by the Anaheim
City Council to approve Conditional Use Permit No. 3902 and permit a service station and accessory
convenience market with the sale of beer and wine for off-premises consumpdon, and a 2,100 sq.ft. drive -
through fast food restaurant at 520 West Ball Road with waivers of maximum wall height and minimum
structural and landscaped setback adjacent to a local street and required site screening; and
WHEREAS, this property Is partially developed with a service station and accessory
convenience market In the CL (Commercial, Limited) zone; and that the south portion of the property is
vacant; and
WHEREAS, the petitioner requests approval of revised plans to construct the drive- through
fast food restaurant previously approved in conjunction with the service station and accessory
convenience market, and approval of the following waiters:
_ X1 ,qt
Minimum of parldnio spaces,
(4Z required; 11 proposed and concurred with by the
City Traffic and Transportation Manager)
(e) Sections 18.08.070.020 Minimum drive- throuoh lens recuirements
and 18.44.088 ( 160 feet total required length between start of lane and
service window; 1 test proposed)
WHEREAS, the City Planning Commission dirt hold a public how" at the Clvle Center in
the City of Anaheim on December 21, 1998, at 1:30 p.m., notice of saki public hearing having been duly
given as required by law and In accordance with the provisions of the Anaheim Municipal Code, Chapter
18.03, to hear and consider evidence for and against said proposed amendment and to Investigate and
make findings and recommendations In connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by Itself
and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find
and determine the following facts:
1. That the requested waivers (a) maximum number of freestanding signs, (b) minimum
distance between freestanding signs and (c) permitted types of signs, are denied because they were
deleted subsequent to the public notice when the petitioner withdrew the request for a second monument
sign thereby eliminating the need for the waivers.
cr3509PK.DOC -1- PCW204
0 0
2. That waiver (d), minimum number of parking spaces, under the conditions imposed,
will not cause fewer off - street perking spaces to be provided for such use than the number of such spaces
necessary to accommodate all vehicles attributable to such use under the normal and reasonably
foreseeable conditions of operation of such use; and that the petitioner submitted a parking letter
addressing the shortage of three required parking spaces and the City Traffic and Transportation Manager
has determined that there is sufficient parking available on -site because the deviation Is less than 10%
from Code requirements.
3. That the parking waiver, under the conditions imposed, will not Increase the demand
and competition for parking spaces upon the public streets In the immediate vicinity of the proposed use.
4. That the parking waiver, under the conditions Imposed, will not Increase the demand
and competition for parking spaces upon adjacent private property in the Immediate vicinity of the
proposed use (which property Is not expressly provided as parking for such use under an agreement In
compliance with Section 18.06.010.020 of this Code) because there to no public street parking at or near
the Intersection of Harbor Boulevard and Ball Road where the subject property Is located.
5. That the parking waiver, under the conditions Imposed, win not increase traffic
congestion within the off - street parking areas or lots provided for such use.
6. That the parking waiver, under the conditions imposed, will not Impede vehicular
Ingress to or egress from adjacent properties upon the public streets In the Immediate vicinity of the
proposed use because the 1- 5/Sente Ana Freeway borders subject property to the south and there are no
adjacent properties that will have their ingress or egress Impeded as a result of this waiver.
7. That waiver (e), minimum drive- through lane requirements, Is approved on the basis
that there are special circumstances applicable to the property such as size, shape, topography, location
or surroundings, which do not apply to other Identically zoned properties In the vicinity.
8. That strict application of the Zoning Code deprives the property of privileges enjoyed
by other properties under Identical zoning classification in the vicinity.
9. That no one indicated their presence at the public hearing in opposition to the
proposal; and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim City
Planning Commission has reviewed the request for approval of revised plans for a previously- approved
drive- through fast food restaurant (in conjunction with a service station and convenience market With off -
sale beer and wine) and proposed waivers of maximum number of freestanding signs, minimum distance
between signs, permitted types of signs, minimum number of parking spaces and minimum drive- through
lane requirements on an Irregularly- shaped 0.98 -acre parcel located at the southeast comer of Ball Road
and Harbor Boulevard at 520 West Bell Road (Chevron Service Station); and does hereby find that the
Negative Declaration previously approved in connection with Conditional Use Permit No. 3902 Is adequate
to serve as the required environmental documentation In connection with this request upon finding that the
declaration reflects the Independent judgment of the lead agency and that it has considered the previously
approved Negative Declaration together with any comments received during the public review process
and further finding on the basis of the initial study and any comments received that there is no substantial
evidence that the project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby deny the requested waivers (a) maximum number of freestanding signs, (b) minimum distance
between freestanding signs and (c) permitted types of signs for construction of a second freestanding sign
on the basis of the foregoing findings; and
-2- PC98 -204
• •
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
approve the revised plans for the drive - through fast food restaurant; and
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
amend Resolution No. PC97 -21, adopted in connection with Conditional Use Permit No. 3902, as follows:
(A)That the following new waivers are approved:
Minimum number of parking spaces
(4Z required; 41 proposed and concurred with by the
City Treffk: and Transportation Manager)
Minimum drive - through Iona reculroments
(180 feet total required length between start of lane and
service window, 130 feet proposed)
(B) That Condition Nos. 37, 42, 43 and 44 are amended to read:
37. That prior to Issuance of building permits for the drive- through restaurant, revised
landscaping and Irrigation plans for the subject property shall be submitted to the Zoning
Division for refurbishment of the on -site landscaping. Said landscaping and Irrigation
Improvements shall be completed prior to�occupan� its granted for the drive -
through restaurant.
42. That subject property shall be developed substantially In accordance with plans and
specifications submitted to the City of Anaheim by the petitioner and which plans we on
file with the Planning Department marked Revision No.1 of Exhibit Nos. 1, 3 and 4, and
Exhibit Nos. 2, 5, 8, 7, 8, 9 and 10, and as conditioned herain; _Pr_0Vkted. however, tha a
second monument sign shall not be permitted on the property.
43. That the Mal floor and parking lot plans for the drive - through restaurant shall be subject
to review and approval by the Police Department for safety and security conskteratlons.
44. That no on- street parking shall be permitted on the west side of Palm Street for a distance
of three hundred (300) feet south from Ball Road; and that the property owner /developer .
shall reimburse the City of Anaheim for the cost of painting the curb (approximately two
hundred fifty dollars ($250.00)).
BE IT FURTHER RESOLVED that unless conditions to the contrary are expressly Imposed
upon the granting of the parking waiver by the Commission, the granting of that waiver shad be deemed
contingent upon operation of the underlying uses in conformance with the assumptions relating to the
operation and Intensity of the use as contained in the parking demand study that formed the basis for
approval of the waiver, and that exceeding, violating, intensifying or otherwise deviating from any of said
assumptions as contained In the parking demand study shall be deemed a violation of the express
conditions Imposed upon said waiver which shall subject said waiver to termination or modification
pursuant to the provisions of Sections 18.03.091 and 18.03.092 of the Zoning Code.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
December 21, 1998.
(Oritinal signed by Stephen W. Bristol)
CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
-3- PC98 -204
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) as.
CITY OF ANAHEIM )
I, OabeUa Edmundaon, Secretary of the A City Planning Commission, do hereby
im
Comm h hold on a s 21, was 998 Pas sed y the and ad g vote a nesting mnb°ra thsreof:m City Planning
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, WILLIAMS
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ESPING, WILLIAMS
IN WITNESS WHEREOF, I have here �Oriei al my han Dy E day Of
,1999.
SECRETARY, ANAHEIM CRY PLANNING COMMISSION
4- PCO &204
Attachment - Item No. 3
November 7, 2005
Mr. Andrew Paszterko
GASOLINE RETAIL FACILITIES CONSULTING
2055 North Alvarado Street
Los Angeles, CA 90039
Dear Mr. Paszterko:
INTRODUCTION
The firm of Kunzman Associates is pleased to submit this parking analysis for the Ball
Road /Harbor Boulevard project in the City of Anaheim. The project site is located south
of Ball Road between Harbor Boulevard and Palm Street (see Figure 1). The project is
an existing gas station with convenience market that will be expanded to have a 1,240
square foot Starbucks. The gas station currently has 2,102 square feet of unutilized
floor area on the second story that it would like to use as an office for the gas station.
Also on the site is an existing fast food restaurant with a drive through window.
Kunzman Associates has been asked to conduct this parking analysis for the existing
portion of the project to determine if adequate parking spaces will be provided for the
expanded project site. The project site currently provides a total of 36 parking spaces.
Figure 2 illustrates the expanded project site plan.
This report summarizes our methodology, analysis and findings. We trust that the
findings, which are summarized in the front of the report, will be of immediate as well as
continuing value to you and the City of Anaheim in evaluating the proposed
development.
Although this is a technical report, every effort has been made to write the report clearly
and concisely. To assist the reader with those terms unique to transportation
engineering, a glossary of terms is provided within Appendix A.
1111 TOWN & COUNTRY ROAD, SULFE 34 ■ ORANGE, CA 92868 -4667
TELEPHONE: (714) 973 -8383 ■ FACSIMILE: 1714) 973 -8821
E-MAIL: MAIL ® TRAFFIC- ENGINEER.COM ■ WEB: WWW.TRAFFIC- ENGINEER.COM
FINDINGS
1. The project site is located south of Ball Road between Harbor Boulevard and
Palm Street in the City of Anaheim.
2. The project is an existing gas station with 16 fueling positions and a convenience
market with 2,698 square feet of floor area that will be expanded to have a 1,240
square foot Starbucks. The gas station currently has 2,102 square feet of
unutilized floor area on the second story that it would like to use as an office.
3. The project site also includes an existing 2,016 square foot fast food restaurant
with drive through. Parking spaces are shared between the fast food restaurant,
the gas station /convenience market, and the office.
4. The peak periods for parking at a Starbucks, provided by City of Anaheim staff, is
6:45 AM to 8:00 PM, 11:00 AM to 2:00 PM, and 5:00 PM to 7:00 PM on
Thursdays, Fridays, and Saturdays.
5. Based upon the peak period parking counts, the maximum number of occupied
parking spaces is 25 parked vehicles.
6. The project site currently provides a total of 36 parking spaces.
7. Based upon the City of Anaheim Parking Code requirements, the 1,240 square
feet of Starbucks use at 5.5 parking spaces per 1,000 square feet of floor space
requires 7 parking spaces (1,240 x (5.5/1,000)).
8. Based upon the City of Anaheim Parking Code requirements, the 2,102 square
feet of general office use at 4 parking spaces per 1,000 square feet of floor
space requires 9 parking spaces (2,102 x (4/1,000)).
9. The peak parking demand is expected to be a total parking demand of
41(25 +9 +7) parking spaces for the center.
10. The project site will provides a total of 41 parking spaces.
11. The parking supply is equal to the combined peak parking demand.
PARKING CODE
The City of Anaheim Parking Code requirements are included within Appendix B.
The project is an existing gas station with convenience market that will be expanded to
have a 1,240 square foot Starbucks. The gas station currently has 2,102 square feet of
unutilized floor area on the second story that it would like to use as an office. Also on
site is an existing fast food restaurant with a drive through window.
a
Based upon the City Parking Code requirements, a total of 5.5 parking spaces for each
1,000 square feet of floor area is required for the Starbucks use.
Based upon the City Parking Code requirements, a total of 4 parking spaces for each
1,000 square feet of floor area is required for the general office use use.
Based upon the City of Anaheim Parking Code requirements, the 1,240 square feet of
Starbucks use at 5.5 parking spaces per 1,000 square feet of floor space requires 7
parking spaces (1,240 x (5.5/1,000)).
Based upon the City of Anaheim Parking Code requirements, the 2,102 square feet of
general office use at 4 parking spaces per 1,000 square feet of floor space requires 9
parking spaces (2,102 x (4/1,000)).
PARKING SURVEY
To quantify the existing parking demand for the project site, a parking survey was
conducted on a Thursday, Friday, and a Saturday. The peak parking periods for the
project site was determined to be 6:45 AM to 8:00 PM, 11:00 AM to 2:00 PM, and 5:00
PM to 7:00 PM. The existing parking demand was determined by surveying the existing
facility at 15- minute intervals on Thursday, Friday, and Saturday from 6:45 AM to 8:00
AM, 11:00 AM to 2:00 PM, and 5:00 PM to 7:00 PM.
ANTICIPATED ACTUAL MAXIMUM PARKING DEMAND FOR FUTURE PROJECT
SITE
Table 4 exhibits the existing actual parking demand plus the number of parking spaces
required for the 1,240 square feet of Starbucks and the parking spaces required for the
2,102 square feet of general office based upon the City Parking Code. The maximum
number of occupied parking spaces is 25 parked vehicles. The 1,240 square feet of
Starbucks use at 5.5 parking spaces per 1,000 square feet of floor area requires 7
parking spaces (1,240 x (5.5/1,000)). The 2,102 square feet of general office use at 4
parking spaces per 1,000 square feet of floor area requires 9 parking spaces (2,102 x
(4/1,000)).
VARIANCE FROM PROVISIONS OF ANAHEIM MUNICIPAL CODE
The City of Anaheim variance shall be granted upon a finding by the Zoning
Administrator, Hearing Office, Planning Commission or City Council that the evidence
presented shows that all of the following conditions exist.
"The variance, under the conditions imposed if any, will not cause fewer
off - street parking spaces to be provided for the proposed use than the
number of such spaces necessary to accommodate all vehicles attributable
to such use under the normal and reasonably foreseeable conditions of
operation of such use."
3
As shown in Table 4 the maximum parking demand equals the parking
supply. It is concluded that adequate on -site parking is proposed for the
project site.
"The variance, under the conditions imposed if any, will not increase the
demand and competition for parking spaces upon the public streets in the
immediate vicinity of the proposed use."
On- street parking is not permitted in the vicinity of the project site. On-
site parking is adequate to accommodate the expected parking demand.
"The variance, under the conditions imposed if any, will not increase the
demand and competition for parking spaces upon adjacent private property
in the immediate vicinity of the proposed use (which property is not
expressly provided as parking for such use under an agreement in
compliance with subsection 18.42.050.030 (Non - Residential Uses —
Exception)."
The project site will provide adequate on -site parking spaces for all of its
uses.
"The variance, under the conditions imposed, if any, will not increase
traffic congestion within the off - street parking areas or lots provided for
the proposed use."
It is not anticipated that the project site will increase traffic congestion
within the off- street parking area. On -site circulation has been reviewed
by the City of Anaheim.
"The variance, under the conditions imposed if any, will not impede
vehicular ingress to or egress from adjacent properties upon the public
streets in the immediate vicinity of the proposed use."
Harbor Boulevard is currently eight lanes divided and is restricted from
on- street parking adjacent to the project site. The project access to
Harbor Boulevard is restricted to right turn in /out only.
Ball Road is currently six lanes divided and is restricted from on- street
parking adjacent to the project site. The project access to Ball Road is
restricted to right turn in /out only.
CONCLUSIONS
Based on the surveyed maximum parking demand of 25 parked vehicles there
will be an excess of 16 parking spaces. The anticipated maximum number of
parked vehicles for the Starbucks and the Office use based on the City of
Anaheim parking code requirements is 16 parked vehicle. The maximum
4
surveyed plus the anticipated maximum parking for the new uses will equal the
parking supply.
Sufficient on -site parking is provided by the project based upon the parking survey
analysis.
It has been a pleasure to sere your needs on this project. Should you have any
questions, or if we can be of further assistance, please do not hesitate to call.
Sincerely,
KUNZMAN ASSOCIATES
QA 1 J / ' �
Carl Ballard
Senior Associate
No. TR0056 Z
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KUNZMAN ASSOCIATES
i
#3293d
William Kunzman, P.E.
Principal
Professional Registration
Expiration Date 3 -31 -2006
E
Table 1
Thursday Parking Counts'
' 6:45 AM to 8:00 AM counted in
September 2005.
1 11:00 AM to 2:00 PM and 5:00 PM
to 7:00 PM counted in May 2005.
Occupied
Time
S aces
Spaces Provided
36
6:45 AM to 7:00 AM
4
7:00 AM to 7:15 AM
2
7:15 AM to 7:30 AM
3
7:30 AM to 7:45 AM
5
7:45 AM to 8:00 AM
3
11:00 AM to 11:15 AM
11
11:15 AM to 11:30 AM
14
11:30 AM to 11:45 AM
13
11:45 AM to NOON
15
NOON to 12:15 PM
19
12:15 PM to 12:30 PM
21
12:30 PM to 12:45 PM
24
12:45 PM to 1:00 PM
19
1:00 PM to 1:15 PM
15
1:15 PM to 1:30 PM
11
1:30 PM to 1:45 PM
12
1:45 PM to 2:00 PM
11
5:00 PMto5:15PM
8
5:15 PM to 5:30 PM
10
5:30 PM tp 5:45 PM
7
5:45 PM to 6:00 PM
6
6:00 PMto6:15PM
8
6:15 PM to 6:30 PM
6
6:30 PM to 6:45 PM
7
6:45 PM to 7:00 PM
1 8
' 6:45 AM to 8:00 AM counted in
September 2005.
1 11:00 AM to 2:00 PM and 5:00 PM
to 7:00 PM counted in May 2005.
Table 2
Friday Parking Counts'
6:45 AM to 8:00 AM counted in
September 2005.
11:00 AM to 2:00 PM and 5:00 PM
to 7:00 PM counted in May 2005.
Occupied
Time
Spaces
Spaces Provided
36
6:45 AM to 7:00 AM
2
7:00 AM to 7:15 AM
3
7:15 AM to 7:30 AM
3
7:30 AM to 7:45 AM
3
7:45 AM to 8:00 AM
3
11:00 AM to 11:15 AM
17
11:15 AM to 11:30 AM
18
11:30 AM to 11:45 AM
14
11:45 AM to NOON
15
NOON to 12:15 PM
12
12:15 PM to 12:30 PM
16
12:30 PM to 12:45 PM
22
12:45 PM to 1:00 PM
22
1:00 PM to 1:15 PM
21
1:15 PM to 1:30 PM
14
1:30 PM to 1:45 PM
18
1:45 PM to 2:00 PM
15
5:00 PMto5:15PM
9
5:15 PM to 5:30 PM
8
5:30 PM tp 5:45 PM
6
5:45 PM to 6:00 PM
8
6:00 PMto6:15PM
8
6:15 PM to 6:30 PM
7
6:30 PM to 6:45 PM
9
6:45 PM to 7:00 PM
8
6:45 AM to 8:00 AM counted in
September 2005.
11:00 AM to 2:00 PM and 5:00 PM
to 7:00 PM counted in May 2005.
Table 3
Saturday Parking Counts'
1 6:45 AM to 8:00 AM counted in
September 2005.
' 11:00 AM to 2:00 PM and 5:00 PM
to 7:00 PM counted in May 2005.
Occupied
Time
Spaces
Spaces Provided
36
6:45 AM to 7:00 AM
3
7:00 AM to 7:15 AM
3
7:15 AM to 7:30 AM
3
7:30 AM to 7:45 AM
4
7:45 AM to 8:00 AM
3
11:00 AM to 11:15 AM
12
11:15 AM to 11:30 AM
15
11:30 AM to 11:45 AM
13
11:45 AM to NOON
16
NOON to 12:15 PM
17
12:15 PM to 12:30 PM
22
12:30 PM to 12:45 PM
25
12:45 PM to 1:00 PM
21
1:00 PMto1:15PM
20
1:15 PM to 1:30 PM
17
1:30 PM to 1:45 PM
18
1:45 PM to 2:00 PM
16
5:00 PMto5:15PM
8
5:15 PM to 5:30 PM
11
5:30 PM tp 5:45 PM
8
5:45 PM to 6:00 PM
10
6:00 PMto6:15PM
8
6:15 PM to 6:30 PM
11
6:30 PM to 6:45 PM
10
6:45 PM to 7:00 PM
9
1 6:45 AM to 8:00 AM counted in
September 2005.
' 11:00 AM to 2:00 PM and 5:00 PM
to 7:00 PM counted in May 2005.
Table 4
Maximum Expected Peak Parking Demand
Required
Parking
Land Use
Spaces'
Maximum observed vehicles in survey
25
Starbucks (1,240 square feet parked at 5.5 spaces per
1,000 square feet of floorspace).
7
Unutilized office space (2,102 square feet parked at 4 spaces
p er 1,000 square feet of floors ace).
9
Spaces Needed
41
Spaces Provided
41
Figure 1
Project Location Map
Ball Road
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APPENDIX A
Glossary of Transportation Terms
GLOSSARY OF TRANSPORTATION TERMS
COMMON ABBREVIATIONS
AC:
ADT:
Caltrans:
DU:
ICU:
LOS:
TSF:
V /C:
VMT:
TERMS
Acres
Average Daily Traffic
California Department of Transportation
Dwelling Unit
Intersection Capacity Utilization
Level of Service
Thousand Square Feet
Volume /Capacity
Vehicle Miles Traveled
AVERAGE DAILY TRAFFIC: The total volume during a year divided by
the number of days in a year. Usually only weekdays are included.
BANDWIDTH: The number of seconds of green time available for
through traffic in a signal progression.
BOTTLENECK: A constriction along a travelway that limits the amount
of traffic that can proceed downstream from its location.
CAPACITY: The maximum number of vehicles that can be reasonably
expected to pass over a given section of a lane or a roadway in a given
time period.
CHANNELIZATION: The separation or regulation of conflicting traffic
movements into definite paths of travel by the use of pavement
markings, raised islands, or other suitable means to facilitate the safe
and orderly movements of both vehicles and pedestrians.
CLEARANCE INTERVAL: Nearly same as yellow time. If there is an all
red interval after the end of a yellow, then that is also added into the
clearance interval.
CORDON: An imaginary line around an area across which vehicles,
persons, or other items are counted (in and out).
CYCLE LENGTH: The time period in seconds required for one complete
signal cycle.
CUL -DE -SAC STREET: A local street open at one end only, and with
special provisions for turning around.
DAILY CAPACITY: The daily volume of traffic that will result in a volume
during the peak hour equal to the capacity of the roadway.
DELAY: The time consumed while traffic is impeded in its movement by
some element over which it has no control, usually expressed in seconds
per vehicle.
DEMAND RESPONSIVE SIGNAL: Same as traffic - actuated signal
DENSITY: The number of vehicles occupying in a unit length of the
through traffic lanes of a roadway at any given instant. Usually
expressed in vehicles per mile.
DETECTOR: A device that responds to a physical stimulus and
transmits a resulting impulse to the signal controller.
DESIGN SPEED: A speed selected for purposes of design. Features of
a highway, such as curvature, superelevation, and sight distance (upon
which the safe operation of vehicles is dependent) are correlated to
design speed.
DIRECTIONAL SPLIT: The percent of traffic in the peak direction at any
point in time.
DIVERSION: The rerouting of peak hour traffic to avoid congestion.
FORCED FLOW: Opposite of free flow.
FREE FLOW: Volumes are well below capacity. Vehicles can maneuver
freely and travel is unimpeded by other traffic.
GAP: Time or distance between successive vehicles in a traffic stream,
rear bumper to front bumper.
HEADWAY: Time or distance spacing between successive vehicles in a
traffic stream, front bumper to front bumper.
INTERCONNECTED SIGNAL SYSTEM: A number of intersections that
are connected to achieve signal progression.
LEVEL OF SERVICE: A qualitative measure of a number of factors,
which include speed and travel time, traffic interruptions, freedom to
maneuver, safety, driving comfort and convenience, and operating costs.
LOOP DETECTOR: A vehicle detector consisting of a loop of wire
embedded in the roadway, energized by alternating current and
producing an output circuit closure when passed over by a vehicle.
MINIMUM ACCEPTABLE GAP: Smallest time headway between
successive vehicles in a traffic stream into which another vehicle is
willing and able to cross or merge.
MULTI - MODAL: More than one mode; such as automobile, bus transit,
rail rapid transit, and bicycle transportation modes.
OFFSET: The time interval in seconds between the beginning of green
at one intersection and the beginning of green at an adjacent
intersection.
PLATOON: A closely grouped component of traffic that is composed of
several vehicles moving, or standing ready to move, with clear spaces
ahead and behind.
ORIGIN - DESTINATION SURVEY: A survey to determine the point of
origin and the point of destination for a given vehicle trip.
PASSENGER CAR EQUIVALENTS (PCE): One car is one Passenger
Car Equivalent. A truck is equal to 2 or 3 Passenger Car Equivalents in
that a truck requires longer to start, goes slower, and accelerates slower.
Loaded trucks have a higher Passenger Car Equivalent than empty
trucks.
PEAK HOUR: The 60 consecutive minutes with the highest number of
vehicles.
PRETIMED SIGNAL: A type of traffic signal that directs traffic to stop
and go on a predetermined time schedule without regard to traffic
conditions. Also, fixed time signal.
PROGRESSION: A term used to describe the progressive movement of
traffic through several signalized intersections.
SCREEN -LINE: An imaginary line or physical feature across which all
trips are counted, normally to verity the validity of mathematical traffic
models.
SIGNAL CYCLE: The time period in seconds required for one complete
sequence of signal indications.
SIGNAL PHASE: The part of the signal cycle allocated to one or more
traffic movements.
STARTING DELAY: The delay experienced in initiating the movement
of queued traffic from a stop to an average running speed through a
signalized intersection.
TRAFFIC - ACTUATED SIGNAL: A type of traffic signal that directs
traffic to stop and go in accordance with the demands of traffic, as
registered by the actuation of detectors.
TRIP: The movement of a person or vehicle from one location (origin) to
another (destination). For example, from home to store to home is two
trips, not one.
TRIP -END: One end of a trip at either the origin or destination; i.e. each
trip has two trip -ends. A trip -end occurs when a person, object, or
message is transferred to or from a vehicle.
TRIP GENERATION RATE: The quality of trips produced and /or
attracted by a specific land use stated in terms of units such as per
dwelling, per acre, and per 1,000 square feet of floor space.
TRUCK: A vehicle having dual tires on one or more axles, or having
more than two axles.
UNBALANCED FLOW: Heavier traffic flow in one direction than the
other. On a daily basis, most facilities have balanced flow. During the
peak hours, flow is seldom balanced in an urban area.
VEHICLE MILES OF TRAVEL: A measure of the amount of usage of a
section of highway, obtained by multiplying the average daily traffic by
length of facility in miles.
APPENDIX B
City of Anaheim
Parking Code Requirements
Anaheim Municipal Code
Tale 18 ZONING*
Chapter 18.06 VEHICLE PARKING AND LOADING REQUIREMENTS*
5(1 MIN[NIUM NUMBER, TYPE AND DESIGN OF OFF - STREET PARKING SPACES AND AREAS.
Tice numnnun number of off - strcct parking spaces provided for any land use shall not be less than the following number, given i(ir
subject use(s): prodded, hoverer, that any use not listed below shall provide a minimum of nine tenths (0 A of one spot per each
enplowe on the largest mork shift.. plus such additional parking as is determined to be reasonably necessan by the Ciry 'ri - chic and
Tiansponmion Manager to meet the paricing demand for such use. E\cepl as expressly provided in this Section A (A05 ). share a
combination of uses is proposed, the minimum number of spaces pion Wed shall be not less than the sum Ioto of the requirema i s Coy zwk
mdn uhad opc of use io be cslablishcd
For purposes of ndal retnlion of subsection (it for residential uses, all rooms other kin a Ikang room, family room, dining room.
hadavom_ hall, lobby. deal or Pablo shall be considered a bedroom. Further. m computing parlcing requirements, hamonal
rYWHemenis short be rounded off to the nearest ,chore numbein fracF+ons of one -half (0 5) or more being counted as one full space.
For purposes of inlerlrctatiou of subsections .020 and 030. "GFA" shall mean gross floor area of buildings as measured P o m na nil
wait to e call if the GFA upon «bicli the number of parking spaces is based is Ins than 1,000 square feet (or ocher unit rd
if (ao rcmcnt as designated herein), the nummum. number of required spaces shall be prorated in direct proportion to the numu•.uni
ntmiba of spaces required for each 1,000 square feel (or other unit of measurement designated herein) Such promtlon shah also appl, m
u ;Sraace5 tr here a division of applicable unit of wcasurcmcni into the GFA produces a quotient of other than a We nm axi I W4
oiheruise c\foc, s!} provided loan, am anplo)ce parking space rcquiranc l s shall be based upon tic mazinn.uu number of cnipr -, c
prescni al ins gnat time. (Ord. 11;7 k 4, August 2. 1994.)
urn Rc�tdabudl Use, .
01; SanAc,Faetly Dswttings A tonal of nor Icss than four (4) off - strcct parking spaces shall be provided on -site for ,utr saa,uc-
fauuln ch aacited duelling_ not less thau trso (2) of "high shall be prodded to it garage Am rcmauung nquued spaces not prariued in ..
q raar shall be prow idcd on a payed surface or outer suitable on-she location. as approved by the Planning Department, h.niag minimum
Tni Nywns of Bodo ('8) Ica We and li cm't -fire (25) feel long (if located In tandem to parking spaces enclosed with a nit up p ant)c
door) ;and aghi (xi feel We and htmth (70) feet long (If located in tandem to parkusg spaces enclosed kith a roli -up grange dant
ensured front the garage door to the nearest edge of the pedestrian taark"av or pacifiers two mlinfuncr is lie lesser distance Spn,n
I tit tandem to a gon - age ana) be permmed to encroach into the required from setback. A11 other spaces shall be located owmde of cite
.cd Gant setback area and shall cotdonn with Engineering Standard Dclad Nos. Oil and 602 emitted "Minimum WNW; Pnrkim
1) tnciomis " (Ord 5437 s� 5 (part). August 2. 1994.)
2 Multiple- F.unila Dwellings including attached, detached or semi - attached condominiums. stock ecoperatices, tr rn�t onus
mhunscs naaai aporintauts or other fo)ms of clustcred drillings (Ord 54;7 S 5 (pati) August 2 1994 )
u 12 r Foi each and there shall be prm idcd not less than one and one quarter (115) off-strcct parking spaces for each bachelor ,ants
not Peas than ilia (2) parking spaces for each one- bedroom unit not to Yvan ma and one quaver (3.25) (oreach loco - bedroom unit_ r..,,t
QNn IMal d fi) paaU" Spaces for each Ihree- bedroom unit_ and not less than Once and one h :df (l 0 pack ng spaces If cab t;m-
b(:;hoom of larger unit At least rao (2) parking spaces per unit shall be coicred- escept that onl., one (I) requned space for 1MIL hag tcrv,
and one bedroom uno need be cooered. Of the number of required parking spaces, one quatacr (.25) space per dwelwg, wit shll -i u,
incoed and Qdd) matkal for pint panting arty and shall be icndik� eccessibre to motorists from contiguous streets an�0r ,t xessiun�
(Ord 4777 5 1 Fabrutn 12, 1985 Ord 5018 § I. April 25. 1989. Ord 5340 1, Nmanbei 17, 1902 }
i11L2 All co�ercd spaces shall be localal wifhtn 100 feel of, and be readily accessible to, file dwlltap lon,t scncd. Ro uted atir,
spun; stall be localcd " Won 200 feel 01 the unit senof (Ord i437 � G (parr): Atn ust 2, 1994 )
1 > "' Tandem parkin{; spaces shall not be pernulled. except for detached single -fmnth condouuuuuus_ us pimtded w su[sc ,tc
I8 no n W ul 1 The icon "tandem parking speed' as toed in this Wien 18.06 050 shall mean alp orr- strcct parking space dcaryand
such a manner ih;d a'chicle property parked in such space man b, design hire its ingress to or egress from such parking sp: e hloct:c
F% a ,aucler properl� parked an a contiguous parkmg space. (Ord. 4936 8'. Ju11 IS. 1985 Ord 5157 ; L August Id, 1990. Ord x,40 1
?. T :'orcntb.:r 17 1972 Ord 54;7 ° 0 (part). August? 1994 )
;k1 4 (Repealedbt X07.1, IUWS9)
n t 35 Required opal panting spaces for residents and tenants shall be unassigned and no fee short be assessed for their use ,.
iI;7 j (- (part): August 2., r)94
"IN, Parking areas shall be screened In means of plant landscaping or arcluncaural dnan front adjacent streets and propait,,
anti it Wing or recreational- Insure areas to a height cf ;G indtcs "do ow emeprlon of "Line of Sigiti Triangle" (sec note 2' as slur,
on Swndard Pluu No i i7 entitled "Commercial Drive Approach." (Ord. 1074 § G: Nm mbar I4. 1989.)
1 7 Ana imatur ualh of coccrcd parkmg areas shad be finished kith e nor finish mwcnA General storage cabinets of not iris
,ae hundred (Intl) cubic foot enprtuh shall be provided for each d"eRing unil cad shill be located within thecocered finking art
�)i -ounar ntr located thereto Adequate humpa guards shall be prodded to protect nit} intorior walls from damage (Orr` ill -
![can[ August 2. )994 )
tai' fcincmcnt Dwcilwg (Cad '7 Ki ? (quit Wanber It 1992 )
0 s "i I Semot Ciliiens' Apartment Protiect not less than one (1) parking space for cieh bachelor unit and une bedroom i a. and uoi.
Ins: liian h <o t2) paAing spaces for each ivro bedroom unit. AN parking spaces shall be located so as to nuninriie calking distance 2roui
Ow naing area to the parking nwihis Parking spaces Law be corcred or open and shall be unassigned and equalls asailab(c to aft
r- °sits_ guests or cmplo�as 1 andcnt spaces shall not be purni and. (Ord. 4567 3 (part)- Fcbruary 5. Hs. Old. 5074 $ 7, No%ci0ci
t;) Ord ,340 ti 3 (part): Noicmbcr 17. 1992.)
(11.32 Second residential duelling units (granny units) For which a conditional use pcnnn is approved pursuant to the nuthonb. of
Ruion 65552 I of the Gosenuneni Aide One (1) lacking space, catered or open. for tech such unit it hall space nwi be tandem to
another ouc -site parking space (Ord. 4567 j 3 (part). Fcbruni) 5. 19S5.)
0133 Senior (:wizen Housing Development not less than one and one quarter (1.25 parking spaces for the initial bachelor or o;;c
bedroout unit plus one ('1) space for cacti additional bedroom in the project. Parking spnccs shall be coicred or open and shAI he
unnsigned and equalh available to all residents, guests, and cmpilayces. Tandem spaces shall not be permntcd. Parking spaces sh„II l;c
flared A As to minuntze witang distance from the Ilring area to the parking hell[ (Ord x929 3 2, Mar I, 1)58 Ord 5�-I
\oeuuber 17, 1992 )
0I -! 1vlobrlehomes Tao (2) parking spnccs (N duch mac be tandem) on -sae adjacent to the mobilehome- pus one (i ) gw°st space 51
ctcn four (4) tnohi icliomes.
tn:cst parking shall be located "ohin 200 to of each mobilehome sewed and imly be pint sled along an}' pncate street (de >igncd ,tad
a 1provcd m comphancc kith Standard Detail No. 122 entitled "Primate Stivul and seeing the intenor circulation of a nrobdcaome pa *.'s
020 Commercial and tnstilutional Uses. (Qrd. 5437 §§ 7. S- August 2, 1994
tCl Office Uses
o2I I Mcdlarl and /or Dental Offices. Sis (6.0) spaces per 1000 square feet of GFA_
H212 Prufessiond and General Business Offices and Research and Dci'elopment, Four (4 0) spaces per 1000 square Net of for
b WI> of three stones or less, three Q 0) spaces per 1000 square feet of GFA for buildings of more than ihnx stories. (Ord 507 s_
NoNcm)cr 14. iriA9.)
on Raw Store and Selo we I3nsincsscs General. Fn c and one -half (i5) spnccs per 1000 square feet of iFA for the fLst Voto,tn
squarc feel of GFA. plus four and one-half ( -1 5) spaces per 10910 square No of GFA o 'ci f0o.000 squarc feet
ii27I f owa,i.d Insnimions. Kc (5 (l) spaces pe squarc net of UP, for facilincs crthcui drll'e -up Purdahs: sie {a 0) Sly Ac .
per i0U0 squarc feet of GFA for huhucs W cinNenp ii in lc%is
n412 Motor Wok Repoli F,tahnes. Thrcc and ono -half (> 5) spaces per nun) square feel of GFA or lire (I parkng span�ti
n �nciiper is gicaler
923 Motor Vehicle Sales Facilities. Tco and one -half (25) spnccs per LC1(1t1 square feet of GFA for interior shomon,u use plug
il J) spices per I,OtH) square feet of GFA [of office LOU plus (ire and one-half (551 spaces per 1- square feet of GF+ roi
waits, siiusac and repair use
0224 Kiosk FacihUCS (such as kq& film. etc.): One (1 0) space per (25) square feet of GFA or (ivc (5: spars pet
`a�ihti uluchcNcr results in the greater niunherofspaces.
024 Comcnicncc Mato, Takc -out, Food/Meal Scn ice We and one -half (5 5) spaces per 1.000 squarc feet of phis tutee ( =i
path ng spaces for the first additional use plus ouc parking space for each additional use thereafter. escept that said addict nil s�v. cs
slant not be required a ben the use is nacgrawd ii ithin a commercial retail center.
4'10 i taninure. Carpet and Flooniig, Sates and Displas Tao and one - qua(er 02.25) Spaces pct V (io0 squarc feel of GFi',
(fad 5706 � €. Ntiicuibcr 16 1999_)
2 Eaungaa&ua Donl, istalohnurcnls
0331 Restaurants — Enclosed and Senn- Enclosed, iiitlt or without cocktail lounge and/or cniertaimnedt facilities, anti integrated
two a planned dccclopment eomple% such as a shopping center or industrial complm Eight (S.0) spaces per 1,000 square l ct of tiF ?,
IOotl 5437 ti 1 t (part). August 2. t994 Ord 5565 v 9- June I t [996 )
.0232 Restaurants -- Enclosed and Semi-Enciosed, cith or cidrout cocktail lounge and/or euicrtainutent latcilrtr•5, and not
In= egraled Unto a planned dMelop ucm complex such as a shopping center or industrial emuplc\ Fifteen W 0) spaces pct 1 0O0 squarc
foci of GRk (Ord 5071 § to (part): November It 1952 Ord. 5 +37 y I I (pail): August 2. 1994. Ord 5565 1 9 -)une I 1 1996 i
103 Reslaurauts — Walk up, Doom Dn%eAluoQf. Fast Food. Sixteen ( 16.0) spaces per 1000 square feet of GFA. IOrd 5n - 4
§ {fi (psio)_ Nuicmbcr la. l` s') )
234 keshnieuus. TAke -on t (not to ecceed a caniuA0ne ifmmnnnu 100 of Ian seats lbr patrons) Fiie ant, one- IinIIF (i spaces pct
INA) squarc foot of GI'A (Ord W - 1 1 1 I (part). Wmcniber 14- I989. Ord 5417 A I I (part). Ugiist 2. 199 -1 )
_ Bars and Niglndubs %cnteun 117 0) spnccs per I Lot) squarc Not of GF,1 (Ord sit? I \ I I Ipanl. IVoccunrci I,, 19`+9. Ur,
sSoi s !it June 11 1'196 )
0"o B01f and Halls Tito (2) pnrlung spaces per billiard table, plus iegrrircd padiag for other uses ciihin (lie faciliti. (Old. 5a3
1 2. August 2. 1994. )
-1 Lodging Acconunodahons
..41 1loclAlotcl Faciliucs The folloc ing number of parking spaces shall be provided: Four - fifths to R) of a space for each
roan plus eight A 0) spaces for cacti one thousand (L00(1) square Net of banquct/ watug room, eatirtgldrinking and resltluraul p,,,or
area and one (1.0) speec per f000 gross square Not of retail spa, plus ouc - quarter (.25) spice for each emploiee no1mg ut pal aT,il
arois (Ord 7M2 > 2, Male are 109 5074 j H. Nosember it 19S Ord. 5706 � 2, No�cuiber 16. 1999 )
0212 13ed lend Bionktasi Inns One (1) parking space for Inch bedroom m the residencn plus oue (1) parking space for c�i li
aolkle,adeat emploscc plus one (1) adchommil parking space for visitors. For purposes of Ibis subsection ontp, file term "b"n oour sir :
u oau am room dcsgned- intended or pvaria lh used for sleeping purposes, (Ord 4156 § ±. October 25. B81 Ord 5706 S Noscnbcr
�? Amusement and Rccrealional Facilities.
IQ;! Thane Amusement or Recreation Vpe Faciliocs. Due to the unique nature of these types of uses. parking equiwannis sit li
be deteriumed by the Can Traffic and Aansportabon Manager and/or Planning Commission Used upon the nature and wwrit or ate
a tmided use and upon information contained m a parking demand study prepared by an independent traffic engineer licensed by the Slue
G! California- or such other studs as approved by the CH) Traffic and 17ansportation Manager and provided b� the de)eloper to file Qn
at tits dcKoucr's sole espense, at the now of applicudan for such use (Ord_ 5 +,7 ; 13 (par17. August 2, 1994 )
J)252 Boss hug Alle)s Thrcc (3) spaces per boarding lane plus one space per cacti tbld% -fire (35) square feet of GFA used for Rul,hc
at entbh, plus hoe and one -half (; i) spaces per 1000 square Ices of GFA used for other commercial purposes.
0253 Golf Course -- Gcncral. Ten (10) spaces per hole plus one (1) space per each Hum -10c (351 square Cott of GFN used lot
aablic assCINK plus nve and one -NdIC' 5) spaces per RHO square feel of GFA used for other conmuercial Purposes
0251 Golf Course -- Annaure. T«engr (20) spaces per course. plus one space per each ewph,cc.
0256 Golf Dining Range One (1) space par drying We
63555 flealih Spas and PfaswN Fitness Censers: Fire and one -half (5 5) spaces per 1.000 square feet of gross hoot area Col
facilities audm t uoo square feet. for facilities 4.000 square feet or Larger, parking roquuemens shall be detenumed b} the Can Taaf6c
and TraH Manager and/or Planning Commission based uhou a parking dcn)and moaU prepared Us an andcpcndcnt (m!t ,
en "wo licensed br the Slate of C'Mdurnia_ of such ollim stud_ as appimcd by the An faa(T"ic and Trurspcn:auon Manager auS
bs the dneloper to the A%. at the c1mclopa's sole cylense. at the lime of apphemion for such use. (Ofd. 5-437 y Is (pant; Auhr.,t '.
1091 1
i) I, $katang Rucks — Ice w' Roller NO and Annicuths (2 A) spaces per 1000 square feet of GFA
0257 Raqualoal Kcilows Fnc (5.0) spaces factcourt. (Ord 5074 § 13 (part): Nommbcr It 1959.)
.0259 - fcrtin s I doom Kc (5) spaces per court. (Ord. 5074 § I) (part), NOv'cHUci Ii. 1959 )
0259 'l b a ers
0201 Ime Performauccr. Four - tenths (0.1) space per seat or per patron, rrhwhescr resuhs ur a hildar mmnbar. plus ciglu- testis
r(t S) space pen cuipimee. mcludim� perlionners.
25 hi le Screen blonon Picture Theater Sis-Icnths (0 1) space per scat or per patron_ x %hichcser resuhs in a higher nuntbc.
:yc (5) employee sraccs.
n2s`13 Muhi -5crcn N ouon Pictuic `ihcalcr. Thrce- tenths (o. ) space per scat or per patron, m lucherer resuhs in a highcr runnh •r
pins (2) cnapiorec spncs pea scwn. (Ord. 5074 a 13 (part)- Noranber 10 1989. Ord. 511 l,. August .V 1994 Ord 11 0 i
+)CrCrubcr in, '.9 ) .
tat, Hovanoual and Instifunouuf I scs
(1261 Ar( Galleries %nuh Ranil Sales- KhibWOn Halls. and Nbscunas Three and three- Icnt'is (> :) space po i m,:'
square tact of GFA.
1n_67 Assembly flails and Auditoriums. One -third (0.333) space per Cued scat or omit -nine (29) spaces per LOCO sq I are feel of
(SEA of Ill, assemble area, oland erer results in the higher number of parking spaces_ plus four (4) spaces per l.000 square f,ct of GFA
lit ofri e use plus, if a kitchen Limbo is pro, ided. luo- hundredths ( 02) space per person for the inammulm cipnwuk binne of Inc
as,cathis area delcnnmed U} the Can Fire Dcpaitmcnl
n6 MI A Husancs Sehoo n (rude Schools am i raaning Centers Eigho -mo hundredths in SO sauce per student or necnl% 20) spaec,
per (nno xluare feet of GFA of instawlaon area. "I"Clow rebuffs us the lughcr unmlxr of pnrko , spaces, plus four (,) spaces per f J.11n i
sq,uu'c feel of GFA of off ire area
r)2f:1 Child Dmcaic Centers. Preschools and Nurseries One ( I ) space per emplo• cc plus ouc (1) space per ten (10) cd idimi f•.us
ere (1) space for loadamt and unioadmg children on -site
934; Convalescent Hoines and Senior Citizens Apartment Project — Congregate Care Eight- tenths (0 8) spaec per bed
u)(,6 C'hurr-hes. Synagogues and other Places of Religious Worship' One -third 01333) space per AM! scat or lunI(I - nute (2
SPA, per 1,000 square feel of CPA forte assembly area, u lucherer results in do higher number of putking spaces, plus our (3) spare
per 1 (N)0 square feet of office use- plus- if a Inuchen facihn is pron ided, Imo- hundredths ( 02) space pet person far the ma,innim ca x irn
figure of line a,sembls arcsl determined b% the Fire Department Churches. Synagogues and olhcr places of mhymn )rotship mhwh disc
piorlde cdocanonal aadfir darcare sontces on the premises rshiclt meet the sa ntdurd set Gnh nit Plus pin raph 41266 s'aall cot t -, r
IC( umd to pros Idc odduionaf parking for said acceson uses
W" FI ancnian Schools and Jon o High Schools One 0) space per chnsrooln. plus one ( I ) spaec per non - offce cmploree. pins
h It spices p I nn0 square fst of Gf for off use, plus parlo io, as required hr pataf,r;iph 0T62 for env assenitih hails :n,,:
HIM',
n^nt', High Schools One (I) space per nouoffice cuiplosce, plus one (1) spec persin (6) studeuK. plus [our (if spaces poi ;.0ot:
s;li:.:rC foci of GFA for VIA c use plan paakm4 as w ulred br psragimoi _0267 Im am as minis halls and audiloinmis
.026) f tospnnfs and Offer In- Paticut We I'acilaws One (0 space per bed, plus sip (6) spaces per 1 square to of I FA for the
4nwnvig sire&; not co omnIng rooms "all beds (Ord 029 ss' 3. Nfay 3 1, NSS, Ord. 50 of t t, l;. Norentbcr 14 1959 0, t ;.t
027 riausponwou i crninnls and f Icbports Due to the unique nature or thew uses_ Parking rc(Imrcnncnts shall be do crmmed b',
Me Con Traffic and Transponalton Manager andlor Planning Commission based upon info ninhon contained in a porkinag demand sino
Prepared by an Independent haffic engineer Incensed be the State of California or such Nlwr stud) as approved bt the Car TmM; nod
- , sporwoonn Manager and prop ndod b_v the developer to the Ciq% at the den elol7crs sole espense. to the lime of application In such me
5417 § 16. August 2. 1994 1
028 Srtf- Storage Facilities. Trrem)- seven hundredths (U 27) space per I RN) square feel of gross floor area or lice (5) space-
s 10u:ccr results tin o higher ounbcr, pt vs adequate loading and unloading areas as mqumcd by the Car Traffic and TranWorianon
Ili :Itln LCr �Onn i Si5K I Mml h 26. 1996 1
O;n Industnnl Uscs
0"1 General Industrial- Manufacturing and Warehouse Uses. One and finjone hun?c6hs (1 55) spaces per LOW square low of
GTA rrthnch bias inciudc a masintum often percent office space. plus, if the percentage oroff!ce space escecds ten percent of the (;FA.
low (4) spaces per I IAA) square feel of GK for the floor area in esecss often percent (Ord 5074 § 16, Nnocember 14. 1989 (nd 54,
17. Augusl 2. 1991.1
012 industnai Training Facilities. Eghtc-mo hundredths (182) space per student or hceuh (20) spaces per 1000 square feet of
G -A Ior InStruUt011 arat. m htchescr results m the higher number of parking spaces, Plus fou- (4) spaces per [,000 sgmnrc feet l i;;r
of _ce use (Ord. 5417 j 18: August 2. 1994.)
n;: Outdoor Uses One (I) space per each wmoc -Fi\c hundred (2900) square feel of lot non claimed to outdoor rases, c.vdudw
LHOlrg areas and cchicular aceessr\a +s, or one (I) space per each Ina (2) of the "mm man ;Iaocnpinted numnber of crnpimces 0 he
en yd in do outdoor opmoon. tcVAN cr results in the greater number of parking spaces.
UPI Track Park nA. Requ'oments. In addition to the A= parking mquum"a rs. trod, parking sp w. of a numb.) and ci .
'sdanr,pc to acco +mnrouaic the mo,ommn number .md I)pes or hacks to be stored on the we ;u brie urine. shall be Prorid:d ou 01
rn %insl ria{ Luc (Ord 152 q 4 . lammr, 25 . NU Ord. 4183 5 1 (pun): December 2S. 19S2 l
Item No. 3
i Staff Report to the
Planning Commission
February 3, 1997
Item No. 6
6a. CEQA NEGATIVE DECLARATION (READVERTISEMENT) (Motion required)
6b. GENERAL PLAN AMENDMENT NO. 343 (READVERTISED) (Resolution required)
6c. RECLASSIFICATION NO. 96 -97 -03 (READVERTISED) (Resolution required)
6d. WAIVER OF CODE REQUIREMENTS (READVERTISED) (Motion required)
6e. CONDITIONAL USE PERMIT NO. 3902 (READVERTISED) (Resolution required)
6f. DETERMINATION OF PUBLIC CONVENIENCE (Resolution required)
zrim;lX•1sl *litelasiItr;L•I•ill2 xwtell gm • = • = •
� •Is11 0 9 1 I ;Ysll�s
(1) Subject property is Irregularly- shaped, consisting of approximately 0.98 acre located at the
southeast corner of Ball Road and Harbor Boulevard, having approximate frontages of 185
feet on the south side of Ball Road and 285 feet on the east side of Harbor Boulevard,
and further described as 520 West Ball Road.
(2) Petitioner requests approval of the following:
(a) An amendment to the Land Use Element of the General Plan to redesignate
subject property from the existing Commercial Professional and Low Density
Residential land use designations to the General Commercial land use
designation.
(b) Reclassification of the subject property from the RS- A- 43,000
(Residential /Agricultural) and the RS -7200 (Residential, Single - Family) Zones to the
CL (Commercial, Limited) Zone.
(c) A Conditional Use Permit, under authority of Code Section Nos. 18.44.050.070,
18.44.050.195, 18.44.050.300, and 18.87.023.020 to permit a service station and
accessory convenience market with sales of beer and wine for off- premises
consumption and a 2,100 square -foot (advertised as 2,000 square -foot) drive-
through, fast -food restaurant with the following waivers:
SECTION NOS.
18.04.043,
18.04.043.102
AND 18.44.068
Maximum wall helaht.
(6-foo high block wall adjacent
to a single - family residence
[to the south] required; ti-foo high block
wall proposed as recommended by staff)
SR6448KB.WP
Page t
*Staff Report to the
Planning Commission
February 3, 1997
Item No. 6
3. SECTION NOS.
18.04.043 setback adjacent to a local street and
18.44.063.020 required she screening (10 -foot wide minimum
AND 18.44.068 landscaped setback with a foot high
block wall adjacent to Palm Street required;,§-
foot wide landscaped setback with an 8 -foot high
block wall proposed, as recommended by staff)
4. SECTION NO. Minimum landscaped setback adlacent to a
18.44.063.040 residential zone boundary
(DELETED)
(d) A request for Determination of Public Convenience or Necessity for a Type 20 (beer and
wine) Ncoholic Beverage Control (ABC) license to permit the retail sales of beer and wine
for off - premises consumption in conjunction with the accessory convenience market
within the proposed service station facility.
(3) Subject request was continued from the January 22, 1997 Planning Commission meeting for
readvertlsement to occur and for the petitioner to submit finalized plans for staff evaluation.
(4) Subject property Is currently developed with five (5) single -family residences (to be demolished)
zoned RS -7200 and a partially vacant (all structures will be demolished) service station /restaurant
site zoned CL and RS- A- 43,000.
(5) Surrounding land uses are as follows
Direction
Land Use
Zoning
Geneal Plan Designation
North across Ball
Arco Service Station
SP92 -2 rrhe
Commercial Recreation
Road
With Automotive Repair
Anaheim Resort
Specific Plan)
East across Palm
Single - Family Residences
RS -7200
Commercial Professional
Street
and Low Density
Residential
South
Single - Family Residence
RS -7200
Low Density Residential
West across
Hotel (Holiday Inn)
SP92 -2 (rho
Commercial Recreation
Harbor Boulevard
Anaheim Resort
Specific Plan)
Northwest across
Shell Service Station
SP92 -2 (The
Commercial Recreation
Ball Road
With Convenience
Anaheim Resort
Market Including Beer
Specific Plan)
and Wine Sales
Page 2
a •
Staff Report to the
Planning Commission
February 3, 1997
Item No. 6
• • 0 Rmq Eel M
(6) The following zoning actions have occurred pertaining to the subject property:
(a) Conditional Use Permit No. 718 (to permit an existing service station within 75 feet
of an R -1 Zone and within 75 feet of a structure in the R -A Zone) was approved
by the City Council on August 10, 1965, subsequent to Planning Commission
approval. (Subject service station, except for the cashier building, was recently
demolished by the property owner.)
(b) Variance No. 772 (to erect a service station) was approved by the Planning
Commission on July 1, 1957. (Subject service station, except for the cashier
building, was recently demolished by the property owner.)
(c) Variance No. 684 (to permit sales of beer and wine for on- premises consumption
In conjunction with an existing restaurant) was denied by the City Council on
March 12, 1957, subsequent to approval by the Planning Commission. (Subject
restaurant was recently demolished by the property owner.)
(d) Variance No. 301 (to construct a motel) was approved by the Planning
Commission on February 21, 1955.
(e) Variance No. 228 (to operate a real estate office) was approved by the Planning
Commission on April 19, 1954.
GENERAL PLAN AMENDMENT NO. 343 - DISCUSSION:
(7) Petitioner requests an amendment to the Land Use Element of the General Plan to
redesignate subject site from the Commercial Professional and Low Density Residential
land use designations to the General Commercial land use designation.
(8) The Commercial Professional designation is Intended to provide for and encourage the
development of business and professional office centers, business offices, financial
Institutions, and commercial uses that are typically Implemented by the CO (Commercial,
Office and Professional) Zone. The portion of subject site that Is designated for
Commercial Professional land uses (0.29 acre) is zoned CL (Commercial, LlmRed) and
RS -7200 (Residential, Single - Family). Existing uses include a former service station
building and one single - family home.
The Low Density Residential designation is Intended to provide for the development of
single - family residences and Is typically Implemented by the RS -7200 (Residential, Single -
Family) Zone. The portion of subject site that is designated for Low Density Residential
land uses (0.69 acre) Is zoned RS -7200 (Residential, Single - Family) and RS- A- 43,000
(Resddential /Agricultural). The RS -7200 zoned properties include four single - family homes
and the RS- A- 43,000 zoned property is vacant.
Page 3
Staff Report to the
Planning Commission
February 3, 1997
Item No. 6
(9) The following Is a comparison of Impacts associated with the existing General Plan
designations of Commercial Professional and Low Density Residential and the petitioner's
proposed amendment to General Commercial. The potential average number of dwelling
units Identified In the "Adopted Existing General Plan" table Is based on estimated
averages experienced in Planning Area A and the maximum number of dwelling units are
based on density ranges permitted for given land use designations. Average daily
(vehicular) trips (ADT) have been generated based on City -wide averages for associated
land use types.
1�3: II� IYL�LI7I�C�7:I:IR3J:leI3a��Iel
Lend Use Designation
Approx Acreage
Typical
Density
General Commercial
Estimated
Land Use
Approx
Implementation
Range (DU
Potential DU's
Average
Designation
Acreage
Zone
per Gross
(Avg. to Max.)
Dally Trips
Acre)
(ADT)"
Commercial
0.29
CO
70
Professional
Low Density
0.69
RS -7200
0.6
4.4 - 6.1
59-82
Residential
1�3: II� IYL�LI7I�C�7:I:IR3J:leI3a��Iel
Lend Use Designation
Approx Acreage
Typical Implementation
Zone
Estimated Average
pally Trips (ADT)*
General Commercial
0.98
CL
686
*The Public Works Department uses the Anaheim Traffic Analysis Model (ATAM) when computing the
estimated Average Daily Trips (ADT) for a particular development. When comparing the ADT's used in
these tables with the ATAM for the proposed development, the latter results In greater trips.
(10) The Anaheim General Plan provides an official guide for future development within the
City. This plan Is Intended to promote an arrangement of land uses, highways and public
services which provide sequenced development and adequate provision for public
Improvements. The plan proposes the general usage of land and specNles a range of
development Intensity and density.
(11) Since the adoption of the General Plan In November of 1969, the Planning
Commission /City Council have viewed the General Plan as being flexible within the ranges
specified. This is reflected In the Introduction to the General Plan text from which the
following statement Is quoted:
Page 4
0 a
Staff Report to the
Planning Commission
February 3, 1997
Item No. 6
"The Anaheim General Plan Is not a precise plan and does not show, nor Intend to show,
the exact land use pattern which will in fact occur. Instead, it indicates the general
location of land uses and the Interrelationships of various land use patterns as shown on
the General Plan Land Use Map. The General Plan constitutes an expression of current
City Objectives, Principles, Standards, Proposals and Policies and provides a basis from
which decisions relating to specific land use proposals can be made."
(12) The proposed amendment to the Land Use Element of the General Plan would
redesignate the Commercial Professional and the Low Density Residential land use
designations to the General Commercial land use designation which will provide for the
development of a wide variety of commercial uses, shopping centers and small
businesses and could be implemented by the CL (Commercial, Limited), CG (Commercial
General) or CH (Commercial, Heavy) Zones, with CL being the most common. This
amendment has been requested by the applicant In order to construct a commercial
development.
(13) The applicant has Indicated that the proposed General Plan Amendment will provide for
service needs of the local population and tourists within the Immediate area. (The uses
proposed are not permitted In the adjacent Anaheim Resort Area.)
(14) Planning Commission may wish to note that approval of this request would facilitate the
development of commercial uses similar to what existed on a portion of subject property
(i.e.. service station, restaurant) previously.
DEVELOPMENT PROPOSAL:
(15) The petitioner proposes to demolish five (5) existing single -family residences to construct a
two -story, 2,598 square -foot service station facility with an accessory convenience market with
sales of beer and wine for off - premises consumption, four gasoline pump islands under one
canopy, and a 2,100 square -foot drive- through, fast-food restaurant.
(16) The submitted site plan Indicates the service station /convenience market building will be
located approximately 54 feet from the north property line (Ball Road) and approximately 137
feet east of the west property line (Harbor Boulevard). A proposed gasoline pump island
canopy with dimensions of 38'x 126' would be located 52 feet from the west property line
(Harbor Boulevard) and 37 feet from the north property line (Ball Road). It should be noted
that proposed setbacks are from the ultimate rights -of -way lines, not from the existing right-of-
way Improvements. Eight Individual gasoline dispensers (four islands) with a total of sixteen
nozzles are proposed beneath the canopy.
The submitted site plan further indicates a proposed 2,100 square -foot drive- through, fast -food
restaurant with the floor plan showing a 450 - square foot kitchen area, 300 square feet of office
and storage area, 335 square feet of rest room area, and approximately 1,015 square feet of
seating /dining area. The location of the service window and a drive- through lane for
customer, Is Indicated on the plans and conforms to Code requirements.
Page 5
0 0
Staff Report to the
Planning Commission
February 3, 1997
Item No. 6
(17) The submitted service station floor plan indicates a 1,670 square -foot sales and cashier
area, 297 square feet of cooler area, a 60 square -foot office, additional storage area and
two (2) rest rooms on the first floor, and a 198 square -foot office on the second floor.
The petitioner Indicates that no miss of hated food or self -serve fountain drinks Is
proposed. Sales of beer and wine for off - promises consumption is proposed
within the accessory convenience market.
(18) Inasmuch as the ultimate tenant has not been Identified (and may not be known), the
submitted restaurant floor plan provides little Information regarding the interior
arrangement of the facility, such as placement of kitchen equipment and location of
seats In the dining area.
(19) The submitted plans indicate the following site characteristics:
Direction
Proposed Structural
Required
Proposed Landscaping
Setback Area
Setback Area
North adjacent to Ball
37 feet
10 feet
10 to 15 feet with a 3 -foot high
Road
(canopy)
berm with 7 trees
Fast adjacent to Palm
5 feet
10 feet
5 feet with 16 trees, 20 feet
Street
(service station
on- center adjacent to the
building)
proposed screening wall
facing Palm Street, and 2 feet
adjacent to the screening wall
on the Interior of the project
South adjacent to a
37 feet
10 feet
20 feet with 5 trees, 20 feet
single - family residence
(restaurant)
on-center
West adjacent to
52 feet
10 feet
15 feet with a 3 -foot high berm
Harbor Boulevard
(canopy)
and 14 trees
(20) The submitted landscape plan Indicates a 15 -foot wide landscaped setback adjacent to
Harbor Boulevard and a 10- to 15 -foot wide landscaped area adjacent to Ball Road, with
a 3400t high berm and a total of twenty-one (21) trees (7 trees along Bell Road and 14
trees along Harbor Boulevard) with the majority of the landscaped setbacks exceeding
Code requirements. It should be noted that staff originally requested an additional 10
feet of landscaped setback In order to ensure consistency between the subject property
and the other three corner properties at this Intersection which are within the Anaheim
Resort Specific Plan Area (20 -foot wide landscaped setback area required in Specific
Plan). However, after working with the petitioner in revising the plans, the property can
only accommodate an additional 5 feet of landscaped setback. The landscaping
proposed Is layered and extensive and has been coordinated with the landscape
themes which will ultimately exist in the public right -of -way on all four corners.
Page 6
E
Staff Report to the
Planning Commission
February 3, 1997
Item No. 6
Therefore, staff feels the additional 5 feet will ensure compatibility between this property
and the others at this Important Intersection. The submitted landscape plan also
Indicates a 5- to 8 -foot wide landscaped area adjacent to Palm Street, with a 5 -foot wide
layered landscaped area facing Palm Street, Including trees planted 20 feet on- center (a
total of sixteen trees), shrubs, and vines to prevent graffiti opportunities; a 2400t wide
landscaped area abutting the 8400t high screening wall facing the Interior of the subject
property is also proposed. (Code requires a 10400t wide setback adjacent to a local
street in which more than two - thirds of the block on the opposite side of said local
street Is zoned for single - family residential land use with a 6 -foot high block wall behind
the landscaping).
The submitted landscape plan further Indicates a 20 -foot wide landscaped area adjacent
to the southern property line, abutting a single - family residential zoned property with
trees planted 20 feet on- center (a total of five trees) per Code requirements.
The submitted landscape plan Includes Information regarding the type, size, and
location of plant materials proposed, and further Indicates eleven trees In the parking lot
area to meet Code requirements for parking lot area landscaping. Code requires all
trees to be a minimum of 15- gallon In size.
(21) Vehicular access to the subject property is proposed via a new 35400t wide driveway
from Harbor Boulevard and a new 35 -foot wide driveway from Ball Road, with no access
provided from Palm Street. The submitted plans Indicate a total of fifty (5M parking
spaces available on -site. Code requires a minimum of forty-eight M spaces based on
the ratio of 16 spaces per 1,000 square feet of gross floor area for the proposed drive -
through, fast food restaurant (34 spaces), and a ratio of 5.5 spaces per 1,000 square
feet of gross floor area for the service station /convenlence market building (14 spaces).
It should be noted that If heated take -out food or self -serve soft drink dispensers are
proposed (in the future), five additional spaces would be required unless the approval
of a separate parking waiver is obtained.
(22) The submitted elevation drawings Indicate an approximate 24 -foot high, one -story
building for the proposed drive- through, fast food restaurant, and an approximate 38-
foot high, two-story building for the proposed service station and accessory
convenience market. The submitted elevation drawings indicate an overall Spanish
architectural theme that Includes columns, arches, and additional accents, with both
buildings having anodized store front windows, stucco skiing for the building exterior
walls, and Spanish -style tile roofing. The submitted elevation plan for the pump island
canopy Indicates a 14.5400t high roof structure with matching Spanish -style roof tiles
and steel support posts (painted dark gray) and a 3.5400t wide fascia (painted blue)
with trim (painted light gray and white).
(23) Submitted sign plans Indicate a proposed 8400t high, 47 square -foot monument sign
located at the corner of Ball Road and Harbor Boulevard for the proposed service
station. The sign plan indicates a 5.5400t high by 8.5 -foot wide, double-faced, Internally
Illuminated monument sign on a 2.5 -foot high base. The monument sign plan further
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Staff Report to the
Planning Commission
February 3, 1997
Item No. 6
indicates a brick veneer accent placed on the supporting base and on one side of the
sign cabinet. The submitted pump island canopy plan Indicates two (2) 18 square -foot
signs on the eastern and western canopy elevations, and two (2) 5 equare400t logo
signs proposed on the northern and southern canopy elevations. No wall signs for
either the service station building or the drive - through, fast food restaurant hove
been submitted. The petitioner states that wall signs will be based on franchise
requirements and, therefore, requests to submit specific sign plans, with the
exception of the monument sign described above, for Planning Commission review
and approval as a "Report and Recommendation' item at a later date. Planning
Commission may wish to note that no freestanding sign is being proposed for the
fast food restaurant. Due to the size of subject property, Code only allows one
freestanding sign.
(24) The petitioner has submitted a letter of operation stating that the service station will be
open twenty-four (24) hours a day, seven (7) days a week, and the convenience market
portion of the service station will operate from 6 a.m. to 11 p.m. with a maximum of five
(5) employees. The petitioner further states that the tenant for the fast food restaurant
will be open from 6 a.m. to 11 p.m., seven (7) days a week, with a maximum of seven
(7) employees. Planning Commission should note that pursuant with Alcoholic
Beverage Control (ABC) standards, no beer and wine sales are permitted between
the hours of 2 a.m. and 6 a.m.
ENVIRONMENTAL IMPACT ANALYSIS:
(25) Staff has reviewed the proposal and the Initial Study and finds no significant
environmental Impact and, therefore, recommends that a Negative Declaration be
approved upon a finding by the Planning Commission that the declaration reflects the
Independent judgement of the lead agency; and that it has considered the proposed
Negative Declaration together with any comments received during the public review
process and further finding on the basis of the Initial Study and any comments received
that there is no substantial evidence that the project will have a significant effect on the
environment.
(26) The proposed project has been reviewed by affected City departments to determine
whether it conforms with the City's Growth Management Element adopted by the City
Council on March 17, 1992. Based on City staff review of the proposed project, it has
been determined that this project does not fit within the scope necessary to require a
Growth Management Element analysis, therefore, no analysis has been performed.
®- s
(27) The Anaheim General Plan Land Use Element designates subject property for
Commercial Professional and Low Density Residential land uses. The petitioner
requests that subject property be redesignated to General Commercial land uses.
(Paragraph Nos. 7 through 14 (above) provide further discussion of this request.)
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Staff Report to the
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February 3, 1997
Item No. 6
(28) The petitioner requests the reclassification of portions of the subject property from the
RS- A- 43,000 and RS -7200 Zones to the CL Zone. The proposed reclassification of the
subject property to the CL Zone would conform to the General Commercial land use
designation as requested above.
(29) A service station and accessory convenience market with sales of beer and wine for off -
premises consumption, and a 2,100 square -foot drive- through, fast -food restaurant are
permitted uses within the CL Zone, subject to the approval of a conditional use permit.
(30) The first waiver pertains to maximum wall height. Code requires a 6 -foot high masonry
wall adjacent to a single - family residential zone to screen the abutting commercial
activities. The submitted plans indicate a proposed 8400t high wall along the south
property line adjacent to RS -7200 Zoning. Staff recommends the 8 -foot high wall to
provide additional screening for the abutting single - family residence from the proposed
service station and drive- through restaurant businesses.
(31) The second waiver pertaining to minimum number of parking spaces has been
by finalized plans.
(32) The third waiver pertains to minimum structural and landscape setback requirements
adjacent to a local street and required site screening. Code requires a 10.fao wide
structural setback, fully landscaped, with a maximum B -foot high screen wail to the rear
of the 10 -foot landscaped area adjacent to a local street in which more than two- thirds
of the block on the opposite side of said local street is zoned for single - family residential
land uses. The submitted plans Indicate a 5 -foot wide building setback for the
proposed service station building and a 5-foot wide layered landscaped setback facing
Palm Street In front of the proposed B -foo high screening wall, Including trees planted
on 20 -foot centers (a total of 16 trees), shrubs and vines. Staff recommended the 8400t
high wall to provide additional screening between the residential and commercial uses
and requested the landscaping to be extensive and layered to create depth. The
submitted landscape plan further Indicates a 2 -foot wide landscaped area on the west
side of the block wall located on the Interior portion of the subject property. This area
will Include shrubs and vines.
(33) The fourth waiver pertaining to the minimum landscaped setback adjacent to a
residential zone boundary has been deleted by finalized plans.
(34) On July 11, 1995, the Anaheim City Council adopted Resolution No. 95R -134
establishing procedures and delegating certain responsibilities relating to Issuance of
licenses by the Department of Alcoholic Beverage Control of the State of California
( "ABC "). With regard to applications for licenses which would otherwise be denied but
for the issue of whether the public convenience or necessity would be served by
Issuance of the license and where the City Is responsible under state law to make such
determination, the resolution delegates such determinations to the Planning Commission
with the right of appeal (or review) by the City Council.
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Staff Report to the
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February 3, 1997
Item No. 6
(35) Section 23958 of the Business and Professions Code provides that ABC shall deny an
application for a license if Issuance of that license would tend to create a law
enforcement problem, or If Issuance would result In, or add to, an undue concentration
of licenses, except when an applicant has demonstrated that public convenience or
necessity would be served by the Issuance of a license.
(36) The petitioner is requesting a Determination of Public Convenience or Necessity to
permit the retail sale of beer and wine for off - premises consumption in conjunction with
the accessory convenience market within the subject service station building. The
Anaheim Police Department has submitted a memorandum (attached) stating that the
subject property is located within Reporting District No. 1925, which has a crime rate
139% above the City average. The subject property is also located within Census Tract
No. 875.01, where there are currently seven (7) licenses permitting retail sale of
alcoholic beverages for off - premises consumption; four (4) off -sale licenses are allowed.
The Planning Commission may wish to note that the site formerly contained a restaurant
(recently demolished), which held a license for the sale of beer and wine forte
premises consumption. Since the entire site would still be Issued only one ABC license,
the Police Department is not recommending denial of the request for Determination of
Public Convenience or Necessity.
(37) When practical difficulties or unnecessary hardships result from strict enforcement of the
Zoning Code, a modification may be granted for the purpose of assuring that no
property, because of special circumstances applicable to it, shall be deprived of
privileges commonly enjoyed by other properties In the same vicinity and zone. The
sole purpose of any code waiver is to prevent discrimination and none shall be
approved which would have the effect of granting a special privilege not shared by
other similar properties. Therefore, before any code waiver Is granted by the Planning
Commission, it shall be shown:
(a) That there are special circumstances applicable to the property such as size,
shape, topography, location or surroundings, which do not apply to other
Identically zoned properties In the vicinity; and
(b) That strict application of the Zoning Code deprives the property of privileges enjoyed
by other properties under identical zoning classification in the vicinity.
(38) Before the Planning Commission grants any conditional use permit, it must make a finding
of fact that the evidence presented shows that all of the following conditions exist:
(a) That the proposed use is properly one for which a conditional use permit is
authorized by the Zoning Code, or that said use is not listed therein as being a
permitted use;
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Staff Report to the
Planning Commission
February 3, 1997
Item No. 6
(b) That the proposed use will not adversely affect the adjoining land uses and the
growth and development of the area In which it is proposed to be located;
(c) That the size and shape of the site for the proposed use Is adequate to allow the
full development of the proposed use in a manner not detrimental to the particular
area nor to the peace, health, safety, and general welfare;
(d) That the traffic generated by the proposed use will not Impose an undue burden
upon the streets and highways designed and Improved to carry the traffic in the
area; and
(e) That the granting of the conditional use permit under the conditions Imposed, if
any, will not be detrimental to the peace, health, safety and general welfare of the
citizens of the City of Anaheim.
EF=Rq o1L TJ Z r Fz17 RMTR
(39) Staff recommends that, unless additional or contrary testimony is received during the
public hearing, the Planning Commission take the following actions:
(a) By motion, approve a CEDA Negative Declaration.
(b) By resolution, recommend to the City Council approval of General Plan
Amendment No. 343, redesignating subject property to the General Commercial
land use designation.
(c) By resolution, approve Reclassification No. 96 -97 -03 to reclassify subject property
from the RS- A- 43,000 and the RS -7200 Zones to the CL Zone to be compatible
with the requested General Plan land use designation for subject property and to
allow the development of the subject request. The CL Zoning of this property is
appropriate due to the property's location at an arterial highway Intersection.
(d) By motion, approve waivers 1 and 3 (waivers 2 and 4 have been deleted) based on
the following:
(1) Staff recommends approval of the first waiver pertaining to maximum wall
height to enhance the separation of the proposed commercial uses from
the existing single - family residence to the south.
(2) Staff recommends approval of the third waiver pertaining to the minimum
building and landscaped setback adjacent to Palm Street (a local street)
and required site screening based on the fad that a 5 -foot wide
landscaped setback is proposed in front of an 8 -foot high wall adjacent to
Palm Street which will provide Increased separation of the proposed
commercial properties from the residential neighborhood to the east. The
petitioner has agreed to and Incorporated an extensive layered landscape
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Staff Report to the
Planning Commission
February 3, 1997
Item No. 6
planting that will give the appearance of greater depth to this landscaped
area and has also proposed to plant vines on both sides of the wall with
additional shrubs planted within a 2 -foot wide landscaped setback area on
the west (service station) side of the wall. The 2 -foot wile landscape area
will allow the wall to be visually "softened" as viewed from Harbor
Boulevard.
(e) By resolution, approve Conditional Use Permit No. 3902, to permit the proposed
service station and accessory convenience market with sales of beer and wine for
off - premises consumption, and a 2,100 square -foot fast -food, drive- through
restaurant, based on the following:
(1) That the requested land uses are listed as conditionally- permitted uses in
the CL Zone, and the proposed service station and drive - through
restaurant are compatible with the nearby commercial land uses and
residential zones, since the proposed land uses are consistent with similar
types of land uses located at the Intersection of many arterial highways
throughout the City.
(2) That the size of the subject property is adequate for the proposed service
station and drive - through restaurant. As designed, the project Is sensitive
to the protection of the nearby single - family residences. As conditioned,
the proposed service station and drive- through restaurant should not
adversely affect the nearby commercial businesses nor negatively Impact
the existing single - family residential neighborhood to the south and east of
subject property.
(3) That the subject property will provide adequate Ingress /egress from public
streets, on -site vehicular circulation, and the Code required parking for the
customers patronizing the proposed service station and drive-through
restaurant.
(f) By resolution, $gorQve the request for Determination of Public Convenience or
Necessity No. 97 -03 for a Type 20 (beer and wine) Alcoholic Beverage Control
(ABC) license to permit the retail sales of beer and wine for off- premises
consumption in conjunction with the accessory convenience market within the
proposed service station facility based on the following:
(1) That staff is recommending approval of a conditional use permit, subject to
certain conditions (several of which relate to the beer and wine sales), for
the retail sale of beer and wine for off - premises consumption In
conjunction with a convenience market and gasoline service station
operated on the premises.
(2) That it would be convenient for shoppers and tourists desiring to make
only one stop for grocery and related items, Including alcoholic beverages,
to be able to purchase beer and wine items on the premises.
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Staff Report to the
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February 3, 1997
Item No. 6
(3) That the proposed convenience market within the service station facility
offers to shoppers and tourists an alternative to supermarkets, which are
not equally convenient, to the customers desiring to make a quick
purchase of grocery items, including beer and wine.
(4) That the sale of beer will be limited to quantities of six packs or greater
and the sale of wine coolers shall be limited to quantities of four packs or
greater.
(g) By motion, request the City Council to consider all of the above actions at the
public hearing which is necessitated by the Council's mandatory public hearing
consideration of the requested General Plan Amendment.
2. That the owner of the subject property shall submit a letter requesting termination of Variance Nos.
228 (to operate a real estate office), 301 (to construct a motel), and 772 (to erect a service station),
and Conditional Use Permit No. 718 (to permit an existing service station within 75 feet of an R -1
Zone and within 75 feet of a structure in the R -A Zone) to the Zoning Division.
3. That completion of these reclassification proceedings Is contingent upon adoption of General Plan
Amendment No. 343 by the City Council.
4. That prior to Introduction of an ordinance rezoning subject property, a preliminary title report shall
be furnished to the Zoning Division showing the legal vesting of title, and a legal description
containing a map of the property.
5. That prior to placement of an ordinance rezoning subject property on an agenda for City Council
consideration, Condition Nos. 1, 2, 3 and 4, above - mentioned, shall be completed. The City Council
may approve or disapprove a zoning ordinance at its discretion. If the ordinance Is disapproved, the
procedure set forth in Anaheim Municipal Code Section 18.03.085 shall apply. The provisions or
rights granted by this resolution shall become null and void by action of the Planning Commission
unless said conditions are complied with within one (1) year from the date of this resolution, or such
further time as the Planning Commission may grant.
Page 13
1. That prior to Introduction of an ordinance rezoning the property, the legal owner of the subject
property shall Irrevocably offer to dedicate to the City of Anaheim an easement 53 feet in width from
the centerline of the street along Ball Road for street widening purposes and a comer cutoff
easement at the corner of Ball Road and Palm Street and at the comer of Ball Road and Harbor
Boulevard.
0
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Staff Report to the
Planning Commission
February 3, 1997
Item No. 6
6. That approval of this application constitutes approval of the proposed request only to the extent that
It compiles 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.
1. That this conditional use permit is granted subject to City Council adoption of General Plan
Amendment No. 343 and adoption of a zoning ordinance In connection with Reclassification No.
96- 97.03, now pending.
2. That a lot line adjustment shall be submitted to the Subdivision Section of the Public Works
Department and approved by the City Engineer and then recorded in the Office of the Orange
County Recorder to merge the lots Into one parcel.
3. That the developer shall submit an application to the Real Property Section to abandon the existing
public utility easements on -site and to obtaln vehicular access rights to Harbor Boulevard. This
request must be approved by the City Council.
4. That prior to grading plan approval, the developer shall submit a Water Quality Management Plan
(WOMP) specffically identifying the best management practices that will be used on -site to control
predictable pollutants from stormwater runoff. The WOMP shall be submitted to the Public Works
Department, Development Services Division for review and approval.
5. That the developer shall reconstruct the curb and gutter and construct full width sidewalk (i.e. 10 feet
wide) along Ball Road in conformance with Public Works Department standards. A Right -of -Way
Construction permit shall be obtained from the Public Works Department, Development Services
Division. The Improvements shall be constructed prior to the first final building and zoning
Inspections.
6. That gates shall not be Installed across any driveways in a manner which may adversely affect
vehicular traffic In the adjacent public streets. Installation of any gates shall conform to Engineering
Standard Plan No. 609 and shall be subject to the review and approval of the City Traffic and
Transportation Manager prior to Installation of said gates.
7. That no roof mounted equipment shall be permitted unless fully screened from view from all public
streets and adjacent properties In accordance with the Anaheim Municipal Code.
8. That the proposed freestanding sign on subject property shall be constructed as shown on Exhibit
No. 7 and shall be subject to the review and approval of the City Traffic and Transportation Manager
to determine adequate lines -of -sight prior to Issuance of the building permit.
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Staff Report to the
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February 3, 1997
Item No. 6
9. That plans shall be submitted to the City Traffic and Transportation Manager for his review and
approval showing conformance with the latest revision of Engineering Standard Plan Nos. 436 and
601/602 pertaining to parking standards and driveway locations. Subject property shall thereupon
be developed and maintained in conformance with said plans.
10. That no driveway or pedestrian access shall be permitted along the east property line (Palm Street).
11. That all driveways shall be constructed with ten (10) foot radius curb returns in conformance with
Engineering Department Standard No. 137.
12. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted
to the Public Works Department, Streets and Sanitation Division for review and approval.
13. That an on -she trash truck turn- around area shall be provided and maintained to the satisfaction of
the Public Works Department, Streets and Sanitation Division. Said turn - around area shall be
specifically shown on plans submitted for building permits.
14. That during business hours of subject facility, separate men's and women's rest rooms shall be
available to the public, and shall be properly supplied and maintained. Said facilities shall be
specifically shown on the plans submitted for building permits.
15. That, In conformance with Anaheim Municipal Code Section 18.44.050.070, pertaining to removal of
closed service stations, an unsubordlnated agreement shall be recorded with the Office of the
Orange County Recorder agreeing to remove the service station structures (Including the
underground tanks) In the event that the station is dosed for a period of twelve (12) consecutive
months. A service station shall be considered dosed during any month In which it Is open for less
than fffteen (15) days. A copy of the recorded agreement shall be submitted to the Zoning Division.
16. That all provisions of Anaheim Municipal Code Section 18.87.023.020 (as it may be amended from
time to time), pertaining to the sale of beer and wine for off - premises consumption shall be complied
with.
17. That the sales of alcoholic beverages shall not exceed 40% of the gross sales of all retail sales
during any three (3) month period. The applicant shall maintain records on a quarterly basis
Indicating the separate amounts of sales of alcoholic beverages and other items. These records
shall be subject to audit, and made available, when requested by any City of Anaheim official during
reasonable business hours.
18. That no display of beer or wine shall be located outside the building or within five (5) feet of any
public entrance to the building.
19. That the areas of beer or wine displays shall not exceed twenty-five percent (25 %) of the total
display area In the building.
20. That window slgnage shall not be permitted for the service station, convenlence market or fast -food
restaurant.
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Staff Report to the
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February 3, 1997
Item No. 6
21. That no advertising of beer or wine shall be located, placed or attached to any location outside the
interior of the building and that any such advertising shall not be visible or audible to anyone outside
the building.
22. That no video, electronic or other amusement devices or games shall be permitted anywhere on the
property.
23. That the sale of alcoholic beverages shall be made to customers, only when the customer is inside
the building.
24. That no person under twenty -one (21) years of age shall sell or be permitted to sell any beer or
wine.
25. That sales of beer and /or wine shall be permitted only between the hours of 8 a.m. and 11 p.m.
26. That no alcoholic beverages may be consumed on the premises.
27. That the parking lot serving the premises shall be equipped with lighting of sufficient power to
Illuminate and make easily discernible the appearance and conduct of all persons on or about the
parking lot. Said lighting shall be directed, positioned and shielded In such a manner so as not to
unreasonably Illuminate the window areas of nearby residences and shall be so specified on plans
submitted for building permits.
28. That any public telephones proposed on -site shall be located within the convenience market or fast -
food restaurant, or If placed outside, shall be attached to the wall of the building within twelve (12)
feet of the main entrance to the building.
29. That beer shall not be sold In packages containing less than a six -pack, and that wine shall not be
sold in packages less than a four -pack.
30. That no food which is cooked, heated, reheated, assembled or altered on the site (take -out food)
shall be permitted (from the convenience market) unless a separate variance for parking is approved
or unless additional Code required parking is provided.
31. That the order speaker device shall be equipped with an operable volume control. The sound
emitted shall not be audible at the residentially zoned boundaries to the south and east. The
ordering device shall not be utilized after 10:00 p.m.
32. That service station, convenience market and /or restaurant employees shall be required to park In
the parking spaces adjacent to the east property line.
33. That no propane tank(s) shall be permitted on -site.
34. That all landscaped areas shall be planted, irrigated and maintained Including removing litter, and
shall be in conformance with Exhibit No. 6.
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Staff Report to the
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February 3, 1997
Item No. 6
35. That the owner of subject property shall be responsible for the removal of any on -site graffiti within
twenty four (24) hours of its application.
36. That any plans for additional signage, except for the proposed monument sign Identified In Exhibit
No. 7, shall be submitted to the Zoning Division for review and approval by the Planning
Commission as a "Report and Recommendation" Item. No advertising signs other than those
approved by the Planning Commission shall be constructed on subject property.
37. That landscape irrigation plans for the subject property shall be submitted to the Planning Division
for review and approval.
38. That any tree or other landscaping planted on -site shall be replaced In a timely manner In the event
that it Is removed, damaged, diseased and /or dead.
39. That hours of operation shall not exceed the following:
Service Station - Open 24 hours
Convenience Market - 6:00 a.m. to 11:00 p.m.
Fast -Food Restaurant - 6:00 a.m. to 11:00 p.m.
40. That a 3 -foot high landscape berm shall be installed adjacent to Ball Road and Harbor Boulevard as
Indicated on approved Exhibit No. 6.
41. That the property owner shall be responsible for the construction and maintenance of the required 8-
foot high block adjacent to the south and east property lines.
42. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1 through 7. The approved project may be constructed In two
phases (i.e. service station /convenience market and fast food restaurant, provided all conditions are
compiled with).
43. That prior to Issuance of a building permit, or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 1, 2, 3, 9, 12, 13, 14, 15, 27 and 37
above - mentioned, shall be compiled with. Extensions for further time to complete said conditions
may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code.
44. That prior to final building and zoning inspections, Condition Nos. 5, 11, 31, 34, 40, 41 and 42,
above - mentioned, shall be compiled with.
45. That approval of this application constitutes approval of the proposed request orgy to the extent that
it compiles 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.
Page 17
• • Item No. 3
Staff Report to the
Planning Commission
December 21, 1998
Item No. 11
11a. CEOA NEGATIVE DECLARATION (PREVIOUSLY APPROVED) (Motion)
11b. WAIVER OF CODE REOUIREMENT (Motion)
11c. CONDITIONAL USE PERMIT NO. 3902 (READVERTISED) (Resolution)
SITE LOCATION AND DESCRIPTION:
(1) This Irregularly-shaped, 0.98 -acre property Is located at the southeast corner of Ball Road
and Harbor Boulevard, with frontages of 185 feet on the south We of Ball Road and 285
feet on the east side of Harbor Boulevard (520 Walt Ball Road - Chevron Service Station).
(2) The petitioner requests review and approval of revised plans for a previously- approved
drive- through fast food restaurant in conjunction with an existing service station and
convenience market with sales of beer and wine for oft - promises consumption with waivers
of the following:
U • �
i u a •.- u-,-. i i is , .'Tin
U • C
Permitted types of sions (DELETED)
d. SECTION NOS. 18.08.050.0225 - Minimum number of parking spaces. (49
AND 18.44.088 spaces required; Al proposed and
recommended by the City Traffic and
Transportation Manager)
(3) This property Is partially developed with a service station and accessory convenience
market with sales of beer and wine for off - promises consumption and has been zoned CL
(Commercial, Limited) since 1997.
(4) Conditional Use Permit No. 3902 (to permit a service station with an accessory
convenience market with sales of beer and wine for off - promises consumption and a
separate drive - through fast food restaurant with waivers of maximum wall height, minimum
structural and landscaped setback adjacent to a local street and required site screening and
minimum landscaped setback adjacent to a residential zone boundary) was approved by
the City Council on February 25, 1997 subsequent to approval by the Commission.
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Staff Report to the
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December 21, 1998
Item No. 11
(5) Surrounding land uses are as follows
Direction
Land Use
Zoe
1Plan Daa) n
North across Ball
Arco Service Station
SP92 -2 (Th.eurnwn
Commercial Recreation
Road
with Auto Repair
Resat sv.cmo Pun)
East
Single-Family
RS -7200
Commercial Professional
Residences
and Low Density Residential
South
Single - Family
RS -7200
Low Density Residential
Residence
West across Harbor
Hotel (Holiday Inn)
SP92 -2 (TheAmhekn
Commercial Recreation
Boulevard
Resat Bpwft Plon)
Northwest across Ball
Shell Service Station
SP92 -2 (rho Aram n
Commercial Recreation
Road
with Convenience
ReW svedft Plan)
Market (induans ba.r area
rhr aaNa
DEVELOPMENT PROPOSAL:
(8) The petitioner proposes to construct a new 2,100 square foot drive - through fast food
restaurant (Taco Bell) on the southern portion of the property. No construction is proposed
for the existing service station building or the overhead canopy.
(7) Plans indicate that the drive - through fast food restaurant will have a 3- building
setback from Harbor Boulevard, a 31 -foot building setback from the southern property line
abutting a single - family residence and a 25- to 48 -foot building setback from Palm Street.
The location of this drive - through restaurant Is substantially in conformance with the original
exhibits adopted in connection with Conditional Use Permit No. 3902.
(8) The floor plan Indicates that the drive - through restaurant consists of 942 square feet of
kitchen/food preparation area, 888 square feet for the dining room, and 270 square feet for
the restroom area. Within the dining room, the floor plan Indicates a self -serve beverage
counter for customers. The floor plan also Indicates a sales counter area and food
assembly area located next to the drive - through service window, which is shown at the
center of the southern building wall. The petitioner indicates that efficient food service
requires that the service window be located next to the food assembly area and the front
counter.
(9) The property is accessed from Ball Road and Harbor Boulevard. Plans Indicate a total of
11 parking spaces for the existing service station with an accessory convenience market
and the proposed drive - through restaurant. Code requires a minimum of SI spaces based
on the ratios of 5.5 spaces per 1,000 square feet gross floor area for the service station
building (2,400 sq. ft. x 5.511000 =13.2 spaces) and 18 spaces per 1,000 square feet gross
floor area for the drive - through fast food restaurant (2,100 sq. ft. x 18/1000 a 33.8 spaces).
The Commission may wish to note that the original approval for this service station/drive-
through restaurant facility included 12 parking spaces.
(10) The plans further Indicate that the restaurant proposes a 130 -foot drive- through lane, with
50 feet of stacking area from the start line to the ordering device and 80 feet of stacking
area from the ordering device to the service window. Code requires a 180 -foot long drive -
through lane, with 80 feet of stacking from the start line to the ordering device and 100 feet
of slacking from the ordering device to the service window.
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Staff Report to the
Planning Commission
December 21, 1998
Item No. 11
(11) Elevation drawings indicate a one -story structure with a maximum height of 23 feet. The
exterior building materials consist of stucco and plaster finish for the walls, with typical
store-front windows and doors, a service window centered In the south building elevation,
architectural arches framing the entry ways and canopy treatments for the windows and
entry doors. Two decorative gables are proposed on top of the entry way arches facing
north and west with pitched roofs (plans indicate that the rest of the building has a flat roof-
top). No plans were submitted pertaining to screening the anticipated roof mounted -
equipment.
(12) The sign plans indicate a 20 square foot wall sign consisting of a logo and the name of the
business 'Taco bell' located on the north, south and west building elevations. The
petitioner has submitted a letter indicating that the proposed monument sign advertising the
drive - through restaurant has been deleted from this request. The petitioner has stated that
the existing monument sign for the service station will be modified to provide advertising
space for the drive - through restaurant.
(13) The petitioner has indicating that the drive - through restaurant will operate 24 hours a day,
seven days a week, with the drive - through lane open from 6 a.m. to 11 p.m. as approved
per Conditional Use Permit No. 3902. The petitioner also requests that customers be able
to order food from the restaurant while parked at the pumps in order to provide the
customer's meal at the some time as their gasoline purchase.
ENVIRONMENTAL IMPACT ANALYSIS:
(14) Staff has reviewed the proposal to construct a drive - through restaurant in connection with
an existing service station and convenience market with sales of beer and wine for off -
premises consumption and finds no significant adverse environmental impacts resulting
from any changes to the existing project. Therefore, staff recommends that the previously -
approved Negative Declaration in connection with Conditional Use Permit No. 3902 serve
as the required environmental documentation for this request upon a finding by the
Commission 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 (a copy of which is available for review in the Planning Department) and any
comments received that there is no substantial evidence that the project will have a
significant effect on the environment.
GROWTH MANAGEMENT ELEMENT ANALYSIS'.
(15) The proposed project has been reviewed by affected City departments to determine
whether it conforns with the City's Growth Management Element adopted by the City
Council on March 17, 1992. Based on City staff review of the proposed project, it has been
determined that this project does not fit within the scope necessary to require a Growth
Management Element analysis, therefore, no analysis has been perforned.
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Staff Report to the
Planning Commission
December 21, 1998
Item No. 11
(18) The requested drive4hrough fast food restaurant is permitted In the CL Zone subject to the
approval of a conditional use permit. Although a drive - through restaurant has been
previously approved for this property, the current request Involves a facility that requires
several waivers from Code requirements, and which is not substantially the same building
as originally reviewed by the Planning staff or the Commission.
(17) The first waiver pertaining to maximum number of freestanding signs has been deleted.
The petitioner has withdrawn a request for a second freestanding monument sign to
advertise the drive - through restaurant. The existing monument sign at the comer of Ba
(18) The second waiver pertaining to minimum distance between freestanding signs has been
deleted since the request for a second monument sign has been withdrawn by the
petitioner.
(19) The third waiver pertaining to permitted types of signs has been deleted by staff. Based on
additional information and review of the elevation drawings, staff has determined that the
signs on the !wilding elevations should be considered wall signs rather than roof signs.
(20) The fourth waiver pertains to minimum number of parking spaces. Code requires a
minimum of 41 spaces for the service station with convenience market and the drive -
through restaurant as diacusssd in paragraph (9) of this report. Plans Indicate a total of
spaces (93.8% of Code requirement) available for this site. The Commission may also
(21) The petitioner has submitted a parking letter to the City Traffic and Transportation Manager
to address the shortage of three (3) required parking spaces. The Traffic and
Transportation Manager has determined that there Is sufficient parking available on -stte,
since the deviation is less than 10% from Code requirements. The petitioner includes the
following findings to substantiate the requested waiver.
a. The request variance will not cause fewer off street parking spaces to be available as
there are no off street parking spaces available at the present time.
b. The requested variance will not increase the demand and competition for parking
spaces upon public streets in the Immediate vicinity because there is no public
parking on the street at or near the intersection of Harbor Boulevard and Ball Road in
Anaheim where the subject property Is located.
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Staff Report to the
Planning Commission
December 21, 1998
Item No. 11
C. The comer of Harbor Boulevard and Ball Road Is a busy intersection with no public
parking allowed on the street in any direction. The subject property Is adjacent to the
following: the south 5 Fwy. (no parking), Holiday Inn Hotel across the street on the
southwest comer, (hotel guests may walk across the street to eat), on the northeast
comer Is an automobile mechanic shop. Cars will not park on this property to access
fast food. Directly behind the station but not bordering the property Is Palm Street.
There will be no imposition on private property adjacent to or in the vicinity of the
proposed use.
d. At the present time there are no off street parking areas that would be affected
adversely in the immediate area of Harbor Boulevard and Ball Road in Anaheim.
Consequently, there will be no Increased traffic or congestion In any off-street parking
lots.
e. The (5 Fwy.) Santa Ana borders the property to the south. There is no adjacent
properties that will have their ingress to or egress from Impeded on as a result of the
approval of the requested variance.
(22) The fifth waiver pertains to minimum drive - through lane requirements. Code requires a
180 -foot long drive- through lane for this facility. Plans indicate a 130 -foot long drive -
through lane as described in paragraph (10) of this report.
(23) Staff Is very concerned with the proposed drive - through restaurant and its requested
waivers. With the original approval of Conditional Use Permit No. 3902, the petitioner
Indicated that both the service station with an accessory convenience market and a drive -
though restaurant could exist on the property without requiring any waivers pertaining to
minimum number of parting spaces or minimum drive - through lane requirements.
Furthermore, the conceptual design of the drive - through restaurant Indicated that the
service window would be located on the east building elevation in order to prated the
abutting single - family residence to the south. The revised plans for the proposed drive -
through restaurant not only requires threes previously mentioned waivers, but also shows
that the service window will be located on the southern building elevation, facing SLY
towards the adjacent single - family residence. The petitioner has stated In several meeting
with staff that the service window can no be moved to the east building elevation due to the
floor plan arrangements for their typical restaurant layout. Staff still believes that a
redesigned site plan and floor plan would allow for a drive - through restaurant to exist on the
site without necessitating any additional waivers and provide for a service window on the
east building wall to protect the abutting single - family residence. Staff recommends that no
waivers from Code requirements be approved in conjunction with this facility.
(24) The Commission may wish to note that the landscaping for this she has not been completed
due to the construction on Harbor Boulevard and the off -romp from the Santa Ana (1 -5)
Freeway. Staff recommends that the Commission adopt a condition of approval indicating
that prior to issuance of any building permits for a drive - through restaurant, landscepe and
Irrigation plans shall be submitted to the Planning Department for review and approval.
Furthermore, staff recommends that the required landscaping and irrigation improvements
be installed prior to any Issuance of occupancy permits for the drive - through restaurant.
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Staff Report to the
Planning Commission
December 21, 1998
Item No. 11
FINDINGS:
(25) When practical difficulties or unnecessary hardships result from strict enforcement of the
Zoning Code, a modification may be granted for the purpose of assuring that no property,
because of special circumstances applicable to h, shall be deprived of privileges commonly
enjoyed by other properties In the some vicinity and zone. The sole purpose of any code
waiver is to prevent discrimination and none shall be approved which would have the effect
of granting a special privilege not shared by other similar properties. Therefore, before any
code waiver is granted by the Commission, it shall be shown:
(a) That there are special circumstances applicable to the property such as size, shape,
topography, location or surroundings, which do not apply to other identically zoned
properties in the vicinity; and
(b) That strict application of the Zoning Code deprives the property of privileges enjoyed
by other properties under identical zoning classification in the vicinity.
(28) Section 18.08.080 of the parking ordinance sets forth the following findings which are
required to be made before the parking waivers are approved by the Commission:
(a) That the waiver, under the conditions Imposed, If any, will not cause fewer off -street
parking spaces to be provided for such use than the number of such spaces
necessary to accommodate all vehicles attributable to such use under the normal
and reasonably foreseeable conditions of operation of such use; and
(b) That the waiver, under the conditions imposed, if any, will not Increase the demand
and competition for parking spaces upon the public streets in the immediate vicinity
of the proposed use; and
(c) That the waiver, under the conditions imposed, If any, will not increase the demand
and competition for parking spaces upon adjacent private property in the Immediate
vicinity of the proposed use (which property Is not expressly provided as parking for
such use under an agreement in compliance with Section 18.08.010.020 of this
Code); and
(d) That the waiver, under the conditions Imposed, if any, will not increase traffic
congestion within the oft -street parking areas or lots provided for such use; and
(e) That the waiver, under the conditions Imposed, if any, will not Impede vehicular
Ingram to or egress from adjacent properties upon the public streets in the
immediate vicinity of the proposed use.
Unless conditions to the contrary are expressly Imposed upon the granting of any waiver
pursuant to this Section by the Commission, the granting of any such variance shall be
deemed contingent upon operation of such use In conformance with the assumptions
relating to the operation and Intensity of the use as contained in the parking demand study
that formed the basis for approval of said variance. Exceeding, violating, Intensifying or
otherwise deviating from any of said assumptkns as contained in the parking demand study
shall be deemed a violation of the express conditions Imposed upon said waiver which shall
subject said waiver to termination or modification pursuant to the provisions of Sections
18.03.091 and 18.03.092 of this Code.
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Staff Report to the
Planning Commission
December 21, 1998
Item No. 11
(27) Before the Commission grants any conditional use permit, it must make a finding of fad
that the evidence presented shows that all of the following conditions exist:
(a) That the proposed use is properly one for which a conditional use permit Is
authorized by the Zoning Code, or that said use is not listed therein as being a
permitted use;
(b) That the proposed use will not adversely affect the adjoining land uses and the
growth and development of the area in which it is proposed to be located;
(c) That the size and shape of the site for the proposed use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area
nor to the peace, health, safety, and general welfare;
(d) That the traffic generated by the proposed use will not Impose an undue burden
upon the streets and highways designed and improved to carry the traffic In the area;
and
(e) That the granting of the conditional use permit under the conditions imposed, If any,
will not be detrimental to the peace, health, safety and general welfare of the citizens
of the City of Anaheim.
(28) Staff recommends that, unless additional or contrary information is received during the
hearing, and based upon the evidence submitted to the Commission, including the
evidence presented in this staff report, and oral and written evidence presented at the
public hearing, the Commission take the following actions:
(a) By motion, determine that the previously- approved CECA Negative Declaration
serve as the required environmental documentation for this request based on the
information contained in paragraph no. (14) of this report.
(b) By motion, dM waivers for (a) maximum number of freestanding signs, (b)
minimum distance between freestanding signs, (c) permitted types of signs and (e)
minimum drive - through lane requirements based on the following:
1. That waiver (a) and (b) have been deleted due to the petitioner's withdrawal
of the requested second freestanding monument sign identifying the drive -
through restaurant.
2. That waiver (c) has been deleted by staff upon determination that the
requested signs on the building are wall signs and not roof signs.
3. That waiver (e) be denied based on the lack of identifiable hardship or special
circumstances applicable to the property such as size, shape, topography,
location or surroundings. The granting this waiver would have the effect of
granting a special privilege not shared by other similar properties In the
vicinity. The Commission should nob that by complying with ,tent's
request to relocate the service window to the east building elevation,
the waiver would be eliminated.
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Staff Report to the
Planning Commission
December 21, 1998
Item No. 11
(c) By motion, approve waiver (d) minimum number of parking spaces based on the
information and findings found in paragraph nos. (20), (21) and (28) of this report.
(d) By resolution, OM the request for review and approval of revised plans for a
previously- approved drive - through fast food restaurant in conjunction with an
existing service station and convenience market with sales of beer and wine for off -
premises consumption as approved by Conditional Use Permit No. 3902 based on
the following:
1. That the drive - through restaurant, as designed with a service window on the
south building elevation, will adversely affect the adjoining single - family
residence to the south by creating additional service activities that was not
originally Intended adjacent to the single - family residence.
2. That the size and shape of the site is no adequate to allow the redesigned
restaurant in a manner not detrimental to the particular area nor to the peace,
health, safety, and general welfare since the proposed facility will require
waivers of Code requirements which will affect the abutting single - family
residence to the south.
3. That the traffic generated by the drive - through restaurant will impose an
undue burden upon the streets and highways since a waiver is required for the
length for the drive - through lane that could cause vehicle stacking into the
Harbor Boulevard driveway and affect circulation on the public street.
4. That the approval of the revised plans for this drive - through restaurant, even
with the condtions imposed, will be detrimental to the peace, health, safety
and general welfare of the citizens of the City of Anaheim.
(28) Should the Commission wish to grant approval for the revised plans for the requested
drive - through restaurant, staff recommends the following amendment to Resolution No.
97R -21:
'37. That revised landscape and irrigation plans for the subject property shall be
submitted to the Zoning Division for refurbishment of the landscaping on-site prior to
issuance of building permits for the drive - through restaurant. Said landscaping and
irrigation improvements shall be completed prior to any occupancy permits granted
for the drive - through restaurant.
42. That subject property shall be developed substantially in accordance with plans and
specifications submitted to the City of Anaheim by the petitioner and which plans
are on file with the Planning Department marked Revision No. 1 of Exhibit Nos. 1, 3
and 4, and Exhibit Nos. 2, S. 8, 7, 8, 9 and 10 as conditioned herein.
43. That final floor and parking lot plans shall be subject to the review and approval of
the Police Department for safety and security considerations.
44. That there shall be no on -street parking permitted on the west side of Palm Street
300 feet south from Ball Road. That the property owner /developer shall reimburse
the City of Anaheim the cost of painting the curb (approximately $250.00).
Page 8