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PC 2006/05/01 (2)Anaheim Planning Commission Agenda Monday, May 1, 2006 Council Chamber, City Hall 200 South Anaheim Boulevard. Anaheim. California Chairman: Gail Eastman Chairman Pro - Tempore: Cecilia Flores Commissioners: Kelly Buffa, Joseph Karaki Panky Romero, Pat Velasquez, (One Vacancy) . 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 May 1, 2006 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(Wanaheim.net H: \docs \clerical \agendas \050106.doc (05/01/06) Page 1 Anaheim Planning Commission Agenda - 2:30 P.M. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim Planning Commission or public comments on agenda items with the exception of public hearing items. Planning Commission Appointment: Request For Consideration Of Potential Appointment Of Planning Commission Alternate For The Following: • Utilities Underground Conversion Subcommittee 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. 7A. Receiving and approving the Minutes from the Planning Commission Meeting of April 17, 2006. (Motion) H: \docs \clerical \agendas \050106.doc (05/01/06) Page 2 2a. CEQA NEGATIVE DECLARATION Request for 2b. WAIVER OF CODE REQUIREMENT continuance to 2c. CONDITIONAL USE PERMIT NO. 2005.05060 May 15, 2006 2d. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2005 -00024 Owner: Pietro T. Trozzi, 9471 Gateshead Drive, Huntington Beach, CA 92646 Agent: Rick Solberg, Solberg & Associates, 201 East Center Street, Anaheim, CA 92805 Location: 3242 West Lincoln Avenue: Property is approximately 1.5 acres, located east and south of the southeast corner of Westchester Drive and Lincoln Avenue, having frontages of 136 feet on the south side of Lincoln Avenue and 187 feet on the east side of Westchester Drive (Maria's Pizzeria and Billiards). Conditional Use Permit No. 2005 -05060 — Request to permit a restaurant and billiard facility with the on- premises sale and consumption of beer and wine with waiver of minimum number of required parking spaces. Determination of Public Convenience and Necessity No. 2005 -00024 — Request to permit sales of beer and wine for on- premises consumption within a restaurant and billiard facility. Continued from the February 6, March 20, and April 17, 2006, Planning Commission meetings. Conditional Use Permit Resolution No. Project Planner: ( kwona2rrD anaheim.nefl Public Convenience or Necessity Resolution No. 3a. CEQA NEGATIVE DECLARATION 3b. WAIVER OF CODE REQUIREMENT 3c. CONDITIONAL USE PERMIT NO. 2006.05069 Owner: Public Storage Euro Partnership, 701 Western Avenue, Glendale, CA 91201 Agent: Dean Grobbelaar, Pacific Planning Group, INC., 23412 Moulton Parkway, Suite 140, Laguna Hills, CA 92653 Location: 4880 East La Palma Avenue: Property is approximately 3.5 acres, having a frontage of 340 feet on the south side of La Palma Avenue and is located 115 feet west of the centerline of Manassero Street. Request to construct a five -story self storage building with building heights exceeding 60 feet with waivers of (a) maximum floor area ratio and (b) maximum fence height. Continued from the March 20, and April 17, 2006, Planning Commission meetings. Project Planner. Qnixon@ anaheim. net) Conditional Use Permit Resolution No. H: \docs \clerical \agendas \050106.doc (05/01/06) Page 3 4a. CEQA CATEGORICAL EXEMPTION, CLASS 11 (READVERTISED) Request for continuance to 4b. VARIANCE NO. 2006 -04681 May 15, 2006 Owner: Karl A. Bergstrom, 1662 La Loma Drive, Santa Ana, CA 92705 Agent: Steve Sheldon, 901 Dove Street, Suite 140, Newport Beach, CA 92660 Location: 200 West Alro Way: Property is approximately 1.5 acres, having a frontage of 100 feet on the south side of Alro Way and is located 115 feet east of the centerline of Manchester Avenue (Bergstroms). Request waivers of (a) continuation and termination of legal non- conforming signs and (b) maximum letter height for wall signage to retain one non - conforming business identification pole sign with electronic message board and one non - conforming business identification wall sign. Continued from the April 3, 2006, Planning Commission meeting. Project Planner: (dherrick@ an aheim. n et) Variance Resolution No. 5a. CEGA NEGATIVE DECLARATION 5b. CONDITIONAL USE PERMIT NO. 2006 -05077 Owner: Southern California Edison, Robert Teran, 2244 Walnut Grove Ave, Rosemead, CA 91770 Agent: John Koos, Core Communications, 1509 Allyson Court, Brea, CA 92821 Location: 2711 West Yale Avenue: Property is approximately 3.5 acres, having a frontage of 265 feet on the north side of Yale Avenue, and is located 139 feet west of the centerline of La Reina Street (Southern California Edison Easement). Request to permit a telecommunications facility on an existing Southern California Edison lattice tower with accessory ground mounted equipment. Project Planner. (dherrick@ an aheim. n et) Conditional Use Permit Resolution No. H: \docs \cle rical\age ndas \050106.doc (05/01/06) Page 4 6a. CEQA NEGATIVE DECLARATION 6b. CONDITIONAL USE PERMIT NO. 2006.05080 Owner: Southern California Edison Company, 2131 Walnut Grove Ave, Rosemead, CA 91770 Agent: John Koos, Core Communication, 1509 Allyson Court, Brea, CA 92821 Location: 2719 West Ball Road: Property is approximately 7.77 acres, having a frontage of 265 feet on the north side of Ball Road, and is located 146 feet west of the centerline of Sherrill Street. Request to permit a telecommunications facility on an existing Southern California Edison tower with accessory ground- mounted equipment. Conditional Use Permit Resolution No. 7a. CEQA NEGATIVE DECLARATION 7b. CONDITIONAL USE PERMIT NO. 2006.05079 Owner: Idelfonso G. Marquez Jr. and Cheryl Y. Marquez, 1835 South Lewis Street, Anaheim, CA 92805 Agent: MVA Architects, 2151 Michelson Drive, Suite 140, Irvine, CA 92612 Location: 1835 South Lewis Street: Property is approximately 0.5 acre, having a frontage of 117 feet on the west side of Lewis Street and is located 517 feet south of the centerline of Katella Avenue. Request to permit a mortuary to cremate and embalm human remains in an existing industrial building. Conditional Use Permit Resolution No. H: \docs \clerical \agendas \050106.doc Project Planner. (kwong2 @anaheim.net) Project Planner. (kwong2 @anaheim. net) (05/01/06) Page 5 8a. CEQA NEGATIVE DECLARATION 8b. RECLASSIFICATION NO. 2006 -00176 Agent: Anaheim Redevelopment Agency, 201 South Anaheim Boulevard, Anaheim, CA 92805 Location: (No address): Parcel A: Property is approximately 1.3 acres located west of the terminus of Glenoaks Avenue at the intersection of Greenleaf Avenue and Glenoaks Avenue, with a frontage of 436 feet on the west side of Greenleaf Avenue (No address). Parcel B: Property is approximately 2.6 acres located south of the terminus of Chippewa Avenue at the intersection of Crescent Avenue and Chippewa Avenue, with a frontage of 413 feet on the south side of Crescent Avenue (No address). Parcel C: Property is approximately 0.84 acre located at the northeast corner of Wilshire Avenue and Pearl Street- City-initiated (Community Development Department) request to reclassify: (a) Parcel A from the RM -3 (Multiple - Family, Residential) zone to the RM- 4 (Multiple - Family, Residential) zone, or a less intense zone, (b) Parcel B from the RS -3 (Single - Family, Residential) zone to the RM -3 (Multiple - Family, Residential) zone, or a less intense zone, and (c) Parcel C from the C -G (General Commercial) zone to the RM-4 (Multiple - Family, Residential) zone, or a less intense zone to allow for the future construction of three affordable housing projects. Reclassification Resolution No. 9a. CEQA NEGATIVE DECLARATION (PREVIOUSLY - APPROVED) 9b. CONDITIONAL USE PERMIT NO. 2003.04685 (TRACKING NO. CUP2006- 05078) Owner: Carlo John Lugaro Trust, 1145 Glen View Drive, Fullerton, CA 92835-4032 Agent: Joseph Karaki, Western States Engineering, 4887 East La Palma Avenue, Anaheim, CA 92807 Location: 590 North Magnolia Avenue Property is approximately 0.8 acre and is located at the southeast corner of Magnolia Avenue and Crescent Avenue. Request to modify exhibits and amend or delete conditions of approval to modify a previously- approved automobile car wash facility with accessory fast food restaurant and accessory retail sales to permit a self serve car wash facility. Conditional Use Permit Resolution No. H: \docs \clerical \agendas \050106.doc Project Planner. (dsee @anaheim.net) Request for continuance to May 15, 2006 Project Planner. Qpramiroz @anaheim. net) (05/01/06) Page 6 Adjourn To Monday, May 15, 2006 at 1:00 P.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. April 28, 2006 (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. 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. I_10 1_1:IgLTA 1,I_10 [K410] LTA LTA 1619 to] 0 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. H: \docs \clerical \agendas \050106.doc (05/01/06) Page 7 SCHEDULE 2006 May 15 11 May 31 (Wed) 11 June 12 June 26 July 10 July 24 August 7 August 21 11 September 6 (Wed) 11 September 18 October 2 October 16 October 30 November 13 November 27 December 11 II December 27 (Wed) II H: \docs \cle dcal \agendas \050106.doc (05/01/06) Page 8 Item No. 2 RS- A- 43,000) T -CUP 20 01 -044 59 T -CUP 2001 -04437 RCL 82 -83 -28 CUP 4181 CUP 527 MOBILE HOME PARK T RCL 86 -87 -35 (Res of Int to RM -3000) 1 DU TLUP200164451 TLUP200164431 T -VAR 2001 044v VAR 2355 CUP 4181 ELEMENTARY SCHOOL . . . . . . . . Commercial Corridors C -G CL 62 -63 -1 RCL 84 -85 -16 RCL 56 -57 -7 GG RCL SS67�7 CL 63-6446 T -CUP RM -2 - CUP 912 2001 -04370 RCL 79-80 -04 CUP 4164 CUP 4140 CUP 1691 RM-4 STAURANT VAR 3117 - O C -G VAR 3102 O cb A WES MEDICAL OWNHOMES 9AL 14 DU iOP PROOFFSG J J 1014 Commercial Corridors C -G CUP2747 RCL 84 -85 -16 VAR 3451 GG RCL SS67�7 CL 63-6446 RCL 63x437 MP35M CUP 912 MP35M VETERI- CUP 4164 NARIAN RM-4 STAURANT REST_ v RCL 87 -88-55 cb VAR 3800 N J J RM-4 RCL 78 -79-15 VAR 3051 RCL 59 -604 VAR 1380 APARTMENTS 194 DU RCL R 0 1380 VAR 1380 OELDEL M� T CUP 3440 CUP 2405 SENIOR CITIZEN APARTMENTS 135 DU LINCOLN AVE [-0-136'- C -G IGIIDfS:iU1 CUP 2138 PCN 20M MD24 (CUP 1( (VAR 23( SHOPPING. CENTER CUP 414 VAR 1726 S CUP 404 APARTMENTS 19 DU EACH RM-4 Conditional Use Permit No. 2005 -05060 Subject Property Determination of Public Convenience or Necessity No. 2005 -00024 Date May 1, 2006 Scale V=200' Requested By PIETRO T. TROZZI Q.S. No. 5 CONDITIONAL USE PERMIT NO. 2005 -05060 - REQUEST TO PERMIT A RESTAURANT AND BILLIARD FACILITY WITH ON- PREMISES SALE AND CONSUMPTION OF BEER AND WINE WITH WAIVER OF MINIMUM NUMBER OF REQUIRED PARKING SPACES. RM-4 RCL 63 -64 -19 VAR 1596 31 DU RM-4 CUP2747 RCL 84 -85 -16 VAR 3451 GG RCL SS67�7 60 DU APTS. RCL 63x437 MP35M CUP 912 MP35M VETERI- RM4 NARIAN LUBE GG CUP 1026 RCL 6566-96 VAR 2752 CUP 2168 VAR 1771 CUP 1622 CARWASHR2EST_ CUP 1458 DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2005 -00024 -TO PERMIT SALES OF BEER AND WINE FOR ON- PREMISES CONSUMPTION WITHIN A RESTAURANT AND BILLIARD FACILITY. 3242 West Lincoln Avenue - Maria's Pizzeria and Billiards 2150 CUP2747 GG ' CUP 1900 RCL 6364131 CUP822 MP35M MP35M CUP 1783 RM4 I VAR 2437 RCL 73 -74 -33 W DONALDS REST_ APARTMENTS GG CUP 1026 RCL 6566-96 VAR 2752 CUP 2168 VAR 1771 CUP 1622 CARWASHR2EST_ CUP 1458 DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2005 -00024 -TO PERMIT SALES OF BEER AND WINE FOR ON- PREMISES CONSUMPTION WITHIN A RESTAURANT AND BILLIARD FACILITY. 3242 West Lincoln Avenue - Maria's Pizzeria and Billiards 2150 Staff Report to the Planning Commission May 1, 2006 Item No. 2 2a. CEQA NEGATIVE DECLARATION (Motion for continuance) 2b. WAIVER OF CODE REQUIREMENT 2c. CONDITIONAL USE PERMIT NO. 2005 -05060 2d. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2005 -00024 SITE LOCATION AND DESCRIPTION: (1) This irregularly- shaped, 1.5 -acre property is located east and south of the southeast corner of Westchester Drive and Lincoln Avenue, with a frontage of 136 feet on the south side of Lincoln Avenue and a frontage of 187 feet on the east side of Westchester Drive (3242 West Lincoln Avenue — Maria's Pizzeria and Billiards). REQUEST: (2) The applicant requests approval of the following: (a) Conditional Use Permit No. 2005 -05060 to permit a billiard facility and on- premises sale and consumption of beer and wine in conjunction with a full - service restaurant under authority of Code Section No. 18.08.030.040 with waiver of: SECTION NO. 18.42.040.010 Minimum number of parking spaces (114 required; 102 existing and recommended by staff) (b) Determination of Public Convenience or Necessity No. 2005 -00024 to permit the retail sales of beer and wine for on- premises consumption in conjunction with a full - service restaurant. (This item has been withdrawn since this determination is made by ABC in conjunction with a Type 41 (restaurant) license) BACKGROUND: (3) This property is developed with a 13 -unit commercial retail shopping center and is zoned C -G (General Commercial). The Anaheim General Plan designates this property for Low - Medium Density Residential land uses. The Anaheim General Plan further designates properties in all directions for Medium Density Residential land uses. This property is located within the Merged Redevelopment Area. (4) This item was continued from the February 6, March 20, and April 17, 2006, Planning Commission meetings to allow the applicant to redesign the floor plan. The agent, Rick Solberg, has submitted the attached letter dated, April 19, 2006, requesting a further continuance to the May 15, 2006, Commission meeting to allow for time for advertisement of a new request and to revise floor plans. RECOMMENDATION: (5) That the Commission, by motion, continue this item to the May 15, 2006, Planning Commission meeting. Srcup2005- 05060klwco nt5106. doc Page 1 F- ARM1 1 — M , MIMIi USM 4/19/06 Kim Wong Project Planner City of Anaheim RE: 3242 Lincoln Ave. Kim, we request that our CUP 2005 -05060 submittal be continued from the May 1 meeting and be placed on the agenda for the May 15 meeting. We are revising our design to subdivide the proposed leasehold to two spaces. One would be a 3,000 sf Italian restaurant serving alcohol and the remaining 2,000 +/- sf would be a retail leasehold Thank you for facilitating this request. Sincerely, Rick Solberg Item No. 3 SP 94 -1 (SC) ' DA 2 RCL 65 -66 -24 (29) RCL 65 -66 -13 CUP 2922 0J CUP 3752 LU H VAR 3838 w SP 94 -1 (SC) LU SP 94 -1 (SC) VAR 2878 2 24 LU RCL 65 -66- 24(29) CATELLUS RCL 65 ( RCL 65 -66 -1 CORPORATE CENTER O CUP 2004 -04945 ~ CUP 2922 SMALL INDUSTRIAL W CUP 3010 U) VAR 3838 FIRMS O VAR4133 VAR 2878 Y VAR 2878 O (CUP 2003 - 04793) 0 SMALL INDUSTRIAL Z CHURCH FIRM Z Q 2 LA PALMA AVENUE �— 340' 115' J U 2T SP 941 SC .. - � RCL 66�7�4 2 SP 94 -1 (SC) lt M (Res. of Intent to ML) v�M 2 °D O °D J RCL 66-67-64 (10) S P 94 -1 (SC) SP 94 -1 (SC) c° c° RCL 66 -67 -63 M M( _ CUP 2006 -05069 DA 2 DA 2 aU °U AJAX CEMENT (6 E (oz M CUP 3918 in RCL 66 -67- 64(10) RCL 66 -67 -64 (10) f COMPANY M _ �°— J ,� J Y v VAR 3287 MTI LING VAR 2323 U UQ o[a PS SMALL IND m PUBLIC FIRR STORAGE RFOF WO R T P RO✓ HF g87- 4R Fq �Tq T <P RCL 70 -71 -47 (Res of Intent to ML) RCL 70 -71 -46 N ALL PROPERTIES ARE IN THE SCENIC CORRIDOR (SC) OVERLAY ZONE. Conditional Use Permit No. 2006 -05069 Subject Property Date: May 1, 2006 Scale: 1"=200' Requested By: PUBLIC STORAGE EURO PARTNERSHIP Q.S. No. 166 4880 East La Palma Avenue 10005 Conditional Use Permit No. 2006 -05069 ED Subject Property Date: May 1, 2006 Scale: 1"=200' Requested By: PUBLIC STORAGE EURO PARTNERSHIP Q.S. No. 166 4880 East La Palma Avenue 10005 ALL PROPERTIES ARE IN THE SCENIC CORRIDOR (SC) OVERLAY ZONE. Date ofAerial Photo: July 2005 Staff Report to the Planning Commission May 1, 2006 Item No. 3 3a. CEQA NEGATIVE DECLARATION (Motion) 3b. WAIVER OF CODE REQUIREMENT (Motion) 3b. CONDITIONAL USE PERMIT NO. 2006 -05069 (Resolution) SITE LOCATION AND DESCRIPTION: (1) This rectangularly- shaped 3.5 -acre property has a frontage of 340 feet on the south side of La Palma Avenue, a maximum depth of 453 feet, and is located 115 feet west of the centerline of Manassero Street (4880 East La Palma Avenue- Public Storage). REQUEST: (2) The applicant requests approval of a conditional use permit under authority of Code Section No. 18.120.070.050.0537 and 18.120.070.080.0801 to construct a five -story self - storage building with building heights in excess of sixty (60) feet with waivers of the following: (a) SECTION NOS. 18.120.080.0803 Maximum Floor Area Ratio (FAR) (0 = 5 FAR permitted, 1 FAR proposed) (b) SECTION NO. 18.120.070.100.1001 Maximum Fence Height (3 feet permitted; 6 feet proposed) BACKGROUND: (3) This item was continued from the March 20, and April 17, 2006, Commission meetings to allow the applicant time to work with staff to address land use and design concerns. (4) This property is currently developed with five (5) freestanding self- storage buildings. The property is zoned SP94- 1(DA2) (SC) Northeast Industrial Area Specific Plan, Development Area 2 (Expanded Industrial Area), Scenic Corridor Overlay. This property is also within the merged redevelopment area (Alpha). The Anaheim General Plan designates this property for Office -Low land uses. Surrounding properties to the east and west are also designated for Office -Low land uses; to the north (across La Palma Avenue) for Industrial land uses, and to the south for Open Space -Water land uses. (5) The existing one -story self storage facility is a legal nonconforming facility that was constructed prior to the adoption of the Northeast Area Specific Plan which requires a conditional use permit for self storage facilities. PREVIOUS ZONING ACTIONS: (6) The following zoning actions pertain to this property: (a) Conditional Use Permit No. 3918 (to permit an unmanned 420 square foot cellular communications facility within an existing self storage business with an approximate 47 foot high triangular monument tower with 12 flush mounted antennas) was approved by the Planning Commission on May 28, 1997 for a period of 5 years. This conditional use permit has expired. srCUP2006- 05069jkn Page 1 Staff Report to the Planning Commission May 1, 2006 Item No. 3 (b) Variance No. 3287(to waive the minimum number of parking spaces and maximum fence height to construct a self- storage facility with caretakers unit) was approved by the Planning Commission on September 20, 1982. DEVELOPMENT PROPOSAL: (7) The applicant requests a conditional use permit to expand an existing self storage facility from 67,937 square feet to 174,607 square feet. The 152,796 square foot site currently consists of seven (7) single story self storage buildings and one (1) office /retail building. This proposal includes the partial demolition of five (5) existing buildings and the office /retail area (27,261 square feet) and the construction of a new five (5) story self storage building totaling 133,931 square feet. (8) The site plan (Exhibit No. 1) indicates the following setbacks for the new five (5) story self - storage building: srCUP2006- 05069jkn Page 2 Code Code Direction Required /Proposed Required /Proposed Building Setback Landscape Setback North (adjacent to La 65 feet/65 feet 20 feet/20 feet Palma Avenue) South 0 feet/ 240 feet 0 feet/15 feet West T 0 feet/56 feet 0 feet/0 feet srCUP2006- 05069jkn Page 2 Staff Report to the Planning Commission May 1, 2006 Item No. 3 (9) Vehicular access to the site would be provided by one (1) driveway to be accessed from La Palma Ave. The site plan also indicates 47 total parking spaces available for this self- storage facility. Code requires 47 spaces based on the following chart: Code Code Direction Required /Proposed Required /Proposed PARKING RATIO Building Setback Landscape Setback East 0 feet/80 feet 0 feet/0 feet (9) Vehicular access to the site would be provided by one (1) driveway to be accessed from La Palma Ave. The site plan also indicates 47 total parking spaces available for this self- storage facility. Code requires 47 spaces based on the following chart: (10) The floor plans (Exhibit Nos. 2 through 7) indicate each of the five (5) levels of the new building and a roof plan. The first floor would have a lobby located at the front entrance, a 1,440 square foot retail /office area and restrooms. The remaining area would be occupied with storage units. Floors two (2) through five (5) would consist of storage areas. There are 994 storage units proposed throughout the five (5) story structure. The roof plan indicates the roof mounted equipment located in the middle of the roof with a six (6) foot high screen proposed. (11) The elevation plans (Exhibit Nos. 2 and 3) indicate a five (5) story industrial building with a maximum height of 66 feet with elevator shafts, stair wells, roof mounted equipment and roof peaks extending beyond the 60 -foot height limit. Elevation plans indicate that the building would consist of Navajo white, relaxed khaki, and colonial revival stone colors painted on pre- fabricated metal panels. Plans further indicate orange colored standing seam metal roofs and srCUP2006- 05069jkn Page 3 CODE - REQUIRED USE SQUARE FEET PARKING RATIO PARKING REQUIRED (per 1,000 sq. ft.) Existing Self- 40,676 .27 space 11 storage buildings Proposed five -story 133,931 .27 space 36 self-storage buildin TOTAL 174,607 47 (10) The floor plans (Exhibit Nos. 2 through 7) indicate each of the five (5) levels of the new building and a roof plan. The first floor would have a lobby located at the front entrance, a 1,440 square foot retail /office area and restrooms. The remaining area would be occupied with storage units. Floors two (2) through five (5) would consist of storage areas. There are 994 storage units proposed throughout the five (5) story structure. The roof plan indicates the roof mounted equipment located in the middle of the roof with a six (6) foot high screen proposed. (11) The elevation plans (Exhibit Nos. 2 and 3) indicate a five (5) story industrial building with a maximum height of 66 feet with elevator shafts, stair wells, roof mounted equipment and roof peaks extending beyond the 60 -foot height limit. Elevation plans indicate that the building would consist of Navajo white, relaxed khaki, and colonial revival stone colors painted on pre- fabricated metal panels. Plans further indicate orange colored standing seam metal roofs and srCUP2006- 05069jkn Page 3 Staff Report to the Planning Commission May 1, 2006 Item No. 3 pre- fabricated fixed dark brown spandrel glass windows in natural aluminum frames located on all four elevations. An eight (8) foot deep overhang is provided overthe main entrance door. The elevation plans indicate there would be clear glass windows on all five stories at the northeast portion of the building providing a view of the orange self storage unit doors located within the building. M a. .1�_ • JL y lbdFMtlen pe Felm�M��� (12) The height of the building would be at 60 feet with a six (6) foot high encroachment to provide for the extra room necessary for elevator shafts, stair wells, roof mounted equipment and roof peaks. Code indicates that "structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the buildings, and fire or parapet walls, skylights, flagpoles, chimneys, smokestacks or similar projections may be erected above the height limits prescribed in the underlying zone, provided the projections are permitted uses in the underlying zone and the projection does not exceed the height limit by more than eight (8) feet." The plans also indicate the standing seam metal roofing would encroach over the 60 foot maximum height. The above provision does not include roof projections and therefore, the request for conditional use permit also includes a request for building heights exceeding (60) sixty feet. (13) The landscape plan (Exhibit No.11) indicates a 10 -foot wide landscape planter along La Palma Avenue. The landscape plan consists of a variety of minimum 24 -inch box size trees, shrubbery, and ground cover throughout the landscaped area. The code requires the first ten (10) feet behind the ROW shall be landscaped with a minimum of one (1) tree planted for every twenty (20) linear feet of street frontage (17 trees on La Palma Avenue required; 13 trees proposed). The code also states that a minimum three (3) foot high shrub screen shall be planted parallel to the ROW. The plans comply with this provision. Code further requires that a minimum of one (1) tree shall be planted per four (4) parking stalls, and a minimum of one (1) additional tree shall be provided for each two thousand three hundred (2,300) square feet of area in the remaining required fifty -five (55) feet street setback area. (12 trees required; 20 trees proposed in the parking lot and up against the building). srCUP2006- 05069jkn Page 4 Staff Report to the Planning Commission May 1, 2006 Item No. 3 (14) The section plan (Exhibit No. 10) indicates the roof mounted equipment would be screened by a parapet roof and a mechanical unit screen wall that is consistent with the architecture of the building. (15) The sign plan (Exhibit No. 12) indicates the following characteristics: LOCATION OF SIZE OF SIGN (IN PERCENTAGE OF LETTER HEIGHT WALL SIGN SQUARE FEET) WALL FRONTAGE North elevation 1 foot 3'/: inches 48 s.f. 004% (main entrance) Upper northeast 24 Inches 80 s.f. 006% elevation Upper east 24 Inches 80 s.f. 01% elevation Code permits wall signs not to exceed ten percent of the building elevation or 200 square feet, whichever is less. The proposed cabinet wall signs would have an orange and purple background with white letters. The proposed signs comply with the height and area requirements of the code. (16) The applicant has indicated in the letter of operation that the proposed hours of operation would be from 6 a.m. to 9 p.m., seven (7) days a week. There would be one employee per shift with a total of one shift per day. The operator's duties include the surveillance of the interior and exterior self- storage units and the sales of tape and boxes from the office area. The exterior self- storage units are accessible by driving to the unit. The proposed interior self- storage units would be accessed through an access point located at the entrance on the north elevation. The customer is able to use a "push cart" to transport their belongings to an elevator to the designated floor. All floors would be climate controlled. ENVIRONMENTAL IMPACT ANALYSIS: (17) 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 (18) Self- storage facilities and building heights in excess of sixty feet are permitted in the SP94 -1, DA2 zone subject to the approval of a conditional use permit. (19) One of the objectives of the General Plan is to "Plan land uses that preserve and enhance Anaheim's economic assets." In order to facilitate that objective, the General Plan Land Use Element enhances The Canyon's industrial base with limited strategically located office and mixed uses that take advantage of the area's location, visibility and access. srCUP2006- 05069jkn Page 5 Staff Report to the Planning Commission May 1, 2006 Item No. 3 This property is located within one of those areas, therefore the land use designation for this site was changed from Industrial to Office -Low during the comprehensive General Plan update. In addition, one General Plan goal is to maintain and enhance the canyon area as one of the most prominent business centers in Orange County. Policies to support this goal are to protect and enhance the integrity and desirability of industrial sites and encourage additional office development along the south side of La Palma Avenue. Staff is concerned that the proposed development is not consistent with the long -term goals to strengthen the area as a technology center. The proposed modification and expansion of the existing self storage facility (from 67,937 square feet to 174,607 square feet) is a significant redevelopment of a site in a manner that is not consistent with this General Plan goal and related objectives. (20) The substantial expansion of the public storage facility is not consistent with the Redevelopment Plan objectives for the Canyon Area. One of the goals for the Canyon Area is to enhance the area by providing higher skill, higher wage employment opportunities. There has been extensive public involvement in the infrastructure to support the 55,000 jobs and 2,300 businesses that constitute the Canyon Business Center. The purpose of the public improvements is to attract businesses to enhance the area. A self - storage use of this size and scale does not encourage office developments in conformance with the General Plan. (21) On, August 17, 1998, the Planning Commission approved and the City Council concurred on a policy relating to the appropriate location for self storage facilities. It states that the "unique and opportune design features of self- storage facilities are most appropriate for irregularly- shaped properties which may further be constrained by accessibility or visibility and which may not be suitable for conventional types of development-" The size and shape of this site is well suited to conventional type of office development in conformance with the general plan, therefore, this proposal does not meet the Council policy on location of self storage facilities. Although the site is currently developed with a self storage facility, the current request triples the size of the existing facility which significantly extends the life of the self storage use at this location and reduces the possibility of establishing land uses that are consistent with the General Plan and Redevelopment Plan. (22) The request for conditional use permit also includes a request for a 66 -foot high building. Section 18.120.070.080.0801 of the Northeast Area Specific Plan allows building heights in excess of 60 feet subject to the approval of a conditional use permit. The applicant indicates that the additional height would be for elevator shafts, stair wells, roof mounted equipment and roof peaks. Within an existing built environment, the proposed 66 foot maximum height building would look out of scale against the surrounding area. Although the code allows for a structure up to 60 feet in height, a 66 -foot high building would be out of scale to the surrounding area and could adversely affect adjoining land uses by overshadowing the rest of the area with a massive structure. (23) Waiver (a) pertains to the floor area ratio (FAR). Code permits a maximum FAR of 0.5 for uses in the SP94 -1, DA2 Zone, and a 1.1 FAR is proposed. The applicant indicates the attached Justification of Waiver form that there are special circumstances applicable to the property relating to size, shape and configuration. The applicant also explains that the use of this storage facility would be for household goods and technology storage that must be stored in a climate controlled atmosphere. Therefore, the applicant would like to expand the floor area on the site in order to accommodate these needs. srCUP2006- 05069jkn Page 6 Staff Report to the Planning Commission May 1, 2006 Item No. 3 (24) Due to the substantial FAR increase, a traffic trip count was conducted by the City's independent traffic and parking consultant on March 8, 2006. The consultant compared the number of trips anticipated for an industrial use at the maximum FAR for the parcel and the number of trips anticipated for the proposed self storage facility. For a typical industrial building at the permitted 0.5 FAR on the subject site, the number of trips per day at peak hours would be 70 a.m., 75 p.m., and 531 average daily trips. The number of trips per day for the proposed 1.1 FAR for a mini - warehouse at peak hours would be 26 a.m., 45 p.m., and 437 average daily trips. Therefore, the proposed self storage facility at 1.1 FAR would have on average, 44 a.m., 30 p.m., and 94 average daily trips less than an industrial use developed at the permitted 0.5 FAR. (25) With the FAR limitation within the expanded Industrial Area (Development Area 2), it is anticipated that most of the buildings constructed for uses permitted in the zone would not result in the height proposed under this request. The proposed building without the existing single -story structures in the rear is at an FAR of 0.89 which exceeds what would be permitted for surrounding properties. The adjacent buildings surrounding this parcel are at one and two stones. Although there are no significant traffic impacts relating to the additional FAR requested, the extreme deviation from code results in a building that is 5- stories in height compared to the existing one- and two -story industrial buildings or any future office buildings. Staff has concerns over such a large deviation from code as the FAR increase translates into building mass which results in a building that would be out of characterwith the surrounding area. In addition, the property is rectangularly- shaped and is not constrained by topography, location or surroundings. There are also no properties in the immediate vicinity that enjoys the privilege that is requested with this waiver. (26) Waiver (b) pertains to the maximum height of a fence within the street setback along La Palma Avenue. Plans propose a 10 -foot wide landscaped setback with a six (6) foot high automatic sliding wrought iron gate at the back of the landscaped setback. Code requires a minimum 10 -foot wide fully landscaped setback and permits a 3 -foot high decorative fence at the back of the 10 -foot landscaped setback. The applicant indicates in the attached Justification of Waiver form that site constraints limit the placement of the proposed gate. Staff is supportive of the proposed fence waiver since the proposed location and height is consistent with permitted fences in the I (Industrial) zone (base zone for this property) in the rest of the City. However, due to staffs recommendation of denial for the proposed five (5) story self- storage facility, staff also recommends denial of this waiver since it would no longer be necessary. (27) The proposed self storage facility expansion and associated waivers would result in a project that is not consistent with the City's General Plan, Redevelopment Plan and Council Policy. Given the policy direction contained in these adopted documents, and the proposed project's inconsistency with those documents, staff recommends denial of this project- FINDINGS (28) 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: srCUP2006- 05069jkn Page 7 Staff Report to the Planning Commission May 1, 2006 Item No. 3 (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. (29) 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 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 (30) Staff recommends that, unless additional or contrary information is received during the public 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 Planning Commission take the following actions: (a) By motion, approve a Negative Declaration for the project; (b) By motion, deny waiver (a) pertaining to a maximum Floor Area Ratio (.5 FAR permitted; 1.1 FAR proposed) based on the findings that there are no special circumstances relating to size shape or topography that apply to this property and that this property would not be deprived of a privilege enjoyed by other properties under the same zoning in the vicinity. (c) By motion, deny waiver (b) pertaining to a maximum fence height (3 feet permitted; 6 feet proposed) since staff is recommending denial of this project and the waiver would only be needed if the project is approved. (d) By resolution, deny Conditional Use Permit No. 2006 -05069 to construct a five -story self- storage building with building heights in excess of sixty (60) feet based on the findings contained in the attached resolution. srCUP2006- 05069jkn Page 8 Staff Report to the Planning Commission May 1, 2006 Item No. 3 IN THE EVENT THE COMMISSION CHOSES TO APPROVE THIS REQUEST, THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS, ACTING AS AN INTERDEPARTMENTAL COMMITTEE AND ARE RECOMMENDED FOR ADOPTION BY THE PLANNING COMMISSION. 1. 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 La Palma Avenue, reflect enhanced building materials. Any decision by staff may be appealed to the Planning Commission as a 'Reports and Recommendations" item. 2. That there shall be no public telephones on the premises located outside the building. 3. That adequate lighting of parking lots, driveway, circulation areas, aisles, passageways, recesses and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles on -site. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval. 4. That all trash generated from the self storage facility shall be properly contained in trash bins located within approved trash enclosures. The number of bins shall be adequate and the trash pick -up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property. The Community Preservation Division of the Planning Department shall determine the need for additional bins or additional pick -up. All costs for increasing the number of bins or frequency of pick -up shall be paid by the business owner. 5. 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. 6. That no roof - mounted balloons or other inflatable devices shall be permitted on the property. 7. That no outdoor vending machines that are visible from the public right -of -way shall be permitted on the property. 8. 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. 9. That there shall be no outdoor storage permitted on the premises. 10. 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 SP94 -1 DA2 (Northeast Industrial Area Specific Plan, Development Area 2) Zone. Said information shall be specifically shown on plans submitted for building permits. 11. 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. srCUP2006- 05069jkn Page 9 Staff Report to the Planning Commission May 1, 2006 Item No. 3 12. That the design, size, and placement of the wall signage and monument signage shall be limited to that which is shown on the exhibits submitted by the applicant and approved by the Planning Commission. Final sign plans shall be submitted to the Planning Services Division for review and approval as to placement, design and materials. Any decision by staff may be appealed to the Planning Commission as a "Reports and Recommendations" item. 13. That all new 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. 14. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonment's of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. 15. 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. 16. 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. 17. 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. 18. 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 srCUP2006- 05069jkn Page 10 Staff Report to the Planning Commission May 1, 2006 Item No. 3 • 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. 19. That gates shall not be installed across any driveway or private street in a manner which may adversely affect vehicular traffic in the adjacent public street. Installation of the wrought iron gate shall conform to Engineering Standard Plan No. 609 and shall be subject to the review and approval by the Planning Services Division. Said information shall be specifically shown on plans submitted for building permits. 20. 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.). 21. That any required relocation of City electrical facilities shall be at the developer's expense. 22. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. 23. 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 walltfence location. 24. 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. 25. That an on -site trash truck turn around area be provided per Engineering Standard Detail No. 476 and as required by the Maintenance Divisions. Said information shall be specifically shown on plans submitted for building permits. 26. 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. 27. 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. 28. That the project shall provide for truck deliveries on -site. Such information shall be specifically shown on plans submitted for building permits. 29. That an Emergency Listing Card, Form ADP -281 shall be completed and submitted in a completed form to the Anaheim Police Department. srCUP2006- 05069jkn Page 11 Staff Report to the Planning Commission May 1, 2006 Item No. 3 30. 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. 31. That a final landscape plan shall be submitted to the Planning Services Division for review and approval. The quantity, size and location of trees and other plant material shall comply with code. Said plan shall also incorporate a layered landscape design along the La Palma Avenue frontage. Any decision by staff may be appealed to the Planning Commission as a "Reports and Recommendations" item. 32. That the subject property shall be developed substantially in accordance with the plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department Exhibit Nos. 1 through 5, and as conditioned herein. 33. 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, 3, 8, 10, 12, 13, 15, 19, 20, 23, 24, 25, 26, 27, 28, 30 and 31 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. 34. 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 No. 17 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. 35. That prior to final building and zoning inspections, Condition Nos. 14, 16, 18, 29 and 32, 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. srCUP2006- 05069jkn Page 12 [DRAFT] RESOLUTION NO. PC2006 - * ** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2006 -05069 BE DENIED (4880 EAST LA PALMA AVENUE — PUBLIC STORAGE) 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 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A PARCEL MAP FILED IN BOOK 67, PAGE 38 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 1, 2006, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures ", to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and that the item was continued from the March 20, and April 17 2006, 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 five -story self- storage building with building heights in excess of sixty (60) feet is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Sections 18.120.070.050.0537 and 18.120.070.080.0801 with waiver of the following. (a) SECTION NOS. 18.120.070.080.0803 Maximum Floor Area Ratio (FAR) (0 = 5 FAR permitted; 1 FAR proposed) (b) SECTION NO. 18.46.110.030 Maximum Fence Height (3 feet permitted; 6 feet proposed) 2. That the above - mentioned waiver (a) pertaining to the maximum Floor Area Ratio (FAR) to construct a five -story self storage facility is hereby denied on the basis that the property is rectangularly - shaped and is not constrained by topography, location or surroundings. There are also no properties in the immediate vicinity that enjoys the privilege that is requested by this waiver. In addition, the substantial deviation in FAR would result in a building that is out of scale with surrounding properties. 3. That the above - mentioned waiver (b) pertaining to the maximum fence height is hereby denied because the waiver is not applicable if the request for the project is denied. 4. That the proposed substantial expansion of the existing self storage use is not consistent with the General Plan land use designation for this site of Office -Low or the objective of the General Plan to "Plan land uses that preserve and enhance Anaheim's economic assets" In order to facilitate that objective, the General Plan Land Use Element enhances The Canyon's industrial base with limited strategically located office and mixes uses that take advantage of the area's location, visibility and access. This property is located within an area where the General Plan strives to enhance The Canyon's industrial base with office uses as evidenced by the General Plan redesignation of this site from Industrial to Office -Low as part of the Comprehensive General Plan Update in 2004. 5. That the proposed use is inconsistent with the General Plan goal to maintain and enhance the Canyon Area as one of the most prominent business centers in Orange County. Policies to support this goal are to protect and enhance the integrity and desirability of industrial sites and encourage additional CR \PC2006 -0 -1- PC2006- office development along the south side of La Palma Avenue. The proposed use extends the self storage use by the significant redevelopment of the site and precludes the property from being used in a manner that is consistent with the long -term goals to strengthen the area as a technology center. 6. That the proposed five (5) story self- storage facility with building heights in excess of sixty feet would adversely affect the adjoining industrial land uses and the growth and development of the area in which it is located because the building would not be in scale with the surrounding area and the land use would not be consistent with the planned growth and development of the area. 7. That this proposal does not meet the council policy on location of self storage units. The size and shape of this site is well suited to office development in conformance with the general plan and the site is not constrained by accessibility or visibility. 8. That the substantial expansion of the public storage facility is not consistent with the Redevelopment Plan objectives for the Canyon Area. One of the goals for the Canyon Area is to enhance the area by providing higher skill, higher wage employment opportunities and the proposed use only contributes a minimal number of employees. 9. That the size and shape of the site proposed for the use is not adequate to allow full development of the proposed use in a manner not detrimental to the particular area nor to the health and safety of the Citizens of the City of Anaheim. 10. 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 five -story self storage building with a building height exceeding 60 feet with waivers of (a) maximum floor area ratio and (b) maximum fence height; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby deny subject Petition for Conditional Use Permit, on the basis of the aforementioned findings. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 1, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions — General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN. ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -2- PC2006- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on May 1, 2006, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: VACANT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of , 2006. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2006- SECTION 4 Attachment - Item No. 3 APPLICANT'S STATEMENT OF JUSTIFICATION FOR VARIANCE /CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: 18.120.070 (0803) (A separate statement is required for each Code waiver) PERTAINING TO: Floor Area Ratio (i.e. expansion of the existing self storage facility from 67.937SF to 174.607SF (1,1FAR)). PLEASE READ THE FINDINGS BELOW IN CONJUNCTION WITH THE ENCLOSED FAR JUSTIFICATION LETTER 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 determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully and as completely as possible. If you need additional space, you may attach additional pages. 1. Are there special circumstances that apply 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: Yes The existing self - storage site is uniquely situated, it is bordered by the Santa Ana river channel in the rear a gravel operation on west side and a lumber yard to the east The gravel operation and lumber yard makes the existing site less desirable for office type uses due the adjacent uses heavy industrial nature Increasing the density of a self - storage use on a site currently developed with the same use adds supply to the market without displacing other uses such as retail or manufacturing. 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? X Yes _ No If your answer is "yes," describe how the property is different • The existing self - storage site is uniquely situated. The site is bordered by the Santa Ana river channel in the rear, a gravel operation on the western boundary and a lumber yard on the eastern boundary The gravel operation and lumber yard makes the existing property less desirable other uses due the adjacent uses heavy industrial nature. • The self storage use is atypical of other properties in the vicinity with the same zoning Self storage is a low impact use facilities consisting of 174 607SF will generate an average of 211 trips per day (50% entering /50% exiting) with the • The majority of trips generated by the expanded facility will occur outside of the business hours of the surrounding properties The typical customer uses the facility either before work or after work hours with the majority of customers using the facility over the weekend Allowing the FAR to be exceeded on this site for this self storage use will not significantly affect the traffic capacity of La Palma Avenue or detrimentally affect the surrounding uses and properties. CUP NO. 2006m0576 SECTION 4 Contrary to other properties in e vicinity with the same zoning the majority o ne building square footage of self storage facilities is occupied by uninhabitable space (storage units) The strict interpretation of the Code requires a gross calculation of building square footage in the FAR calculations However the Code allows for parking structures to be excluded in floor area calculations as parking structures are considered as being uninhabitable space Of the proposed 174.607SF of building area of the entire site only 33 971SF of the building is devoted to habitable space i.e. the lobby area corridors stairs and elevators as well as the office /retail area Therefore that portion of the total building square footage/FAR occupied as habitable space is substantially less than the habitable space portion of the FAR of the surrounding properties 3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? X Yes _No If your answer if "yes," describe the special circumstances: • Yes The strict interpretation of the Code requires a gross calculation of building square footage in determining the FAR However the Code does allow for parking structures to be excluded in floor area calculations as these structures are considered uninhabitable space The self storage use is unique in relation to the adjacent properties as only 33 97ISF of the 152 796SF of buildings is considered habitable space It seems practical that only the habitable space of the project be counted for the FAR calculation. Therefore applying the same FAR requirements to the property will deprive it of privileges currently enjoyed by the neighboring properties. • The storage units are for household goods and are not similar to a warehouse distribution facility. Because this type of storage is available manv households can use their garage for parking cars rather than for storage This use actually helps to keep cars parked off of residential streets. 4. Were the special circumstances created by causes beyond the control of the property owner (or previous properly owners)? X Yes _ No EXPLAIN: Yes The lack of buildable land in urban areas makes any available land more appropriate for housing, retail or manufacturing type uses Because self - storage is a neighborhood serving use it is not a use that can relocate where vacant land is plentiful It makes practical sense to expand the floor area on a site that currently offers the same use versus expanding site area on to land that even if it was available would make better sense for other types of uses 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. Y Signa�`uit dProperty Owner or Authorized Agent 1/18/06 Date CONDITIONAL USE PERMITNARIANCE NO. CUP No. 2006 -05369 Fence Height Waiver Attachment - Item No. 3 PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: 18.46.110.030 (A separate statement is required for each Code waiver) PERTAINING TO _Public Storage - 4880 F. La Palma Ave_ Sections 18.03. 040.030 and 18. 12.060 of the Anaheim Municipal Code require that before any variance or Code waiver may be granted by the Zoning Administrator or Planning Commission, the following 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 determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully and as completely as possible. If you need additional space, you may attach additional pages. L Are there special circumstances that apply to the property in matters such as size, shape, topography, location surroundings'? X Yes _No. If your answer is "Yes," describe the special circumstances: storage use on the site there is a need for adequate site security. There is therefore a need for a 6' high security gate within the setback area as opposed to the allowed 3' high gate. 2. Are the special circumstances that apply to the property different from other properties in the vicinity which are nr the same zone as your property? X Yes _ No If your answer is "yes," describe how the properly is different: • The propertv is currently used and will continue to be used as a self storage building. 'the entire building is 3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? X Yes No If your answer if "yes" describe the special circumstances: • Yes. Although security is of concern to all neighboring property owners site security is especially important for self storage facilities due to the value of the contents stored wither the buildings. Although all the buildings and 4. Were the special circumstances created by causes beyond the control of the property owner (or previous property owners)? X Yes _ No Yes. Section 18.46 110 030 of the Code fie permitting a maximum fence /gate height of 3') is a City standard which deprives the applicant of providing adequate perimeter security for the site. 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. etxEe -of Pre�rer er Authorized Agent Date CONDITIONAL USE PERMIT /VARIANCE NO. April 6, 2006 TO: Jessica Nixon, Assistant Planner FROM: Timor Rafiq, Rafiq & Associates, Inc. SUBJECT: Second Screencheck Review of 4880 E. La Palma Avenue Mini - warehouse site in Anaheim Background: The following information is being presented to compare the trip generation of a mini- warehouse site developed at 1.1 floor area ratio (FAR) to the trip generation of an industrial use at 0.5 FAR. The parcel is 3.5 acres. COMMENT 1 Per the Institute of Transportation Engineers (ITE) 7th edition Trip Generation Handbook, the mini - warehouse use (using ITE code 151) has trip rates of 0.15 AM trips /1,000 square feet (SF); 0.26 PM trips /1,000 SF and 2.50 Average Daily Trips (ADT) /1,000 SF. If the site is developed as a mini - warehouse with a floor area ratio of 1.1, it could contain 167,706 square feet. The trip generation for a 167,706 SF mini - warehouse is 25 AM, 44 PM and 420 ADT. COMMENT 2 If the site is developed at 0.5 FAR, it could have a 76,230 SF building. The trip rates for General Light Industrial (using ITE code 110) are 0.92 AM /1,000 SF; 0.98 PM/I,000 SF; and 6.97 ADT /1,000 SF. The trip generation for a 76,230 SF light industrial building is 70 AM, 75 PM and 531 ADT. This information is summarized in the following table: Building size Land Use F.A.R. AM PM ADT 167,706 Mini - warehouse 1.1 25 44 420 76,230 Industrial 0.5 70 75 531 If you have further questions, please contact me at (949) 633 -5440. a.. 6 Entitlements ® Project Approvals m Real Estate Analysis January 18, 2006 Planning Department 200 S. Anaheim Blvd Anaheim, CA 92805 OPERATIONS STATEMENT Expansion and remodel of an existing self storage facility located at 4880 E. La Palma Avenue, City of Anaheim, CA Summary Table Operation Conditions Current Proposed Hours of Operation 6am — 9 m, 7 days a week 6:00am - 9 m, 7 days a week Employment 1 1 Number of Shifts 1 1 Square Footage 67,937 SF 174,607SF Number of Parking Spaces 9 49 Operation Activities Interior and exterior self- storage units; sales of tape and boxes from office area. Interior and exterior self - storage units; sales of tape and boxes from office area. Exterior Accessible Storage With exterior accessible units the customer drives up to their unit, rolls up the storage door of their unit and off -loads their belongings. None of the units have electrical outlets. The existing single- storage buildings to remain consist of a combination of exterior and interior accessible units. The existing single story buildings are not climate controlled Interior Accessible Storage All 994 of the storage units within the proposed five story building are interior storage units. With interior storage units the customer enters the storage building through an access point. Push carts are available for transporting belongings. Customers wheel their carts to their assigned storage unit. Customers with storage units on floors 2, 3, 4, 23412 Moulton Parkway, Suite 140, Laguna Hills, CA 92653 9491465.8290 1 949/465.8297 -Fax I www.pacificplanninggroup.com CUP gip. 2006 m 0 5 3 6 5 use the elevators provided to access their floor /storage unit. None of the units have electrical outlets. All the storage units in the proposed five -story building will be climate controlled. Retail Sales Area A 1,440SF retail /office area is included in the new five story building. For customer convenience, part of the rental office /lobby area is available for sales of items related to packing and moving. Typical items for sale would include tape, boxes, packing material, etc. Security Each Public Storage facility includes a state -of -the -art security system_ The customer enters a personal code into the keypad located at the electronic sliding gate at the entrance to the buildings with exterior units. When in the lobby of the 5 story building, the customer enters a personal code into the keypad located next to the elevator for floors 2 - 5 or the keypad next to the door for access to the first floor units . Each customer's code is directly linked to their storage space. Each tenant space is linked to a computer controlled access and alarm system that records and notifies the onsite management staff of entry and exit to every unit. In addition, full color 24 -hour close circuit motion detection surveillance and motion detector lighting is strategically located throughout the site as well as within the 5 story building. This state of the art security system provides a safe and secure facility for the customers and reduces the impact on local police services. Typical Customer The average tenant stay at a Public Storage facility is about 1.4 years. The typical customer lives within two to five miles of the facility and visits their unit once every eight weeks. The average length of an on -site visit is just 15 minutes. 23412 Moulton Parkway, Suite 140, Laguna Hills, CA 92653 949/465.8290 1 949/465.$297.Fax i ww v.pac.ific ;>lanninggroun .com CUP NO. 2006 - 5 � 5 Entitlements m Project Approvals ® Real Estate Analysis January 18, 2006 Planning Department 200 S Anaheim Boulevard Anaheim, CA 92805 Request to exceed floor area ratio maximum requirement by .54 The existing Public Storage facility is located at 4880 E. La Palma Avenue. The site is zoned SP 94 -1 (SC) (Northeast Specific Plan Development Area 2 and Scenic Corridor Overlay). The site area is 152,796SF. The existing self storage facility consists of 67,937SF of building area and therefore falls within the allowed FAR of 0.5. The proposed remodel and expansion of the existing self storage facility will have a total building area of 174,607SF with a building coverage of 67,423SF. The self storage facility will have a FAR of 1.14 which exceeds the allowed FAR of 0.5 (76,398SF max building area). Key points to consider ® Increasing the density of the self- storage use on a site currently developed with the same use, adds supply to the market without displacing other uses such as retail or manufacturing. ® La Palma Avenue is classified as a major thoroughfare by the City of Anaheim. Allowing the FAR to be exceeded on this site, for this self storage use, will not significantly affect the traffic capacity of La Palma Avenue. The self storage use is atypical of traditional uses allowed within the Industrial zone. Self storage is a low impact use which does not generate much traffic. Per Volume 1 of 3 of the 6 th Edition of the Institute of Transportation Engineers handbook self storage facilities consisting of 174,607SF generate an average of 211 vehicle trips per day (50% entering /50% exiting) with the minimum number of daily trips being 185. These additional trips generated by the expanded self storage facility will not adversely impact the traffic capacity of La Palma Avenue. ® Self storage facilities are at their busiest outside of typical Industrial use work hours. The majority of trips generated by the expanded facility will occur outside of the business hours of the surrounding properties. The typical customer uses the facility either before work or after work hours with the majority of customers using the facility over the weekend. Allowing the FAR to be exceeded on this site, for this self storage use, will 23412 Moulton Parkway, Suite 140, Laguna Hills, CA 92653 949/465.8290 1 9491465.8297 -Fax I www.pacificplanninggroup.com CUP NQ. 20136 0 5 3 6 not significantly affect the traffic capacity of La Palma Avenue or detrimentally affect the surrounding uses. • The strict interpretation of the Code requires a gross calculation of building square footage in the FAR calculations. However the Code allows for parking structures to be excluded in floor area calculations as parking structures are considered as being uninhabitable space. The majority of the building square footage of self storage facilities is occupied by uninhabitable space (storage units). Of the 174,607SF of building area of the expanded facility only 33,971SF of the buildings are classified as habitable space i.e. the lobby area, corridors, stairs and elevators as well as the office /retail area. Therefore that portion of the total building square footage /FAR occupied as habitable space is substantially less than the habitable space portion of the FAR of the surrounding uses. • The additional storage units proposed are for the storage of household goods and are not similar to a warehouse distribution facility. Because this type of storage is available, many households can use their garage for parking their cars rather than using their garage for storage. This use actually helps to keep cars parked off of residential streets thereby improving the streetscape of surrounding neighborhoods. • The waiver will not be detrimental to the public health, safety, or welfare. It will also not be materially injurious to properties or other improvements in the vicinity. In fact, it is expected that the upgrades of the facility will be seen as a benefit to the larger area in which most has been designated as blighted hence the establishment of the nearby redevelopment project area. Updated architecture, new landscaping and improved security will add value to the existing property and cause the surrounding self- storage properties to improve to remain competitive. • The existing self- storage site is uniquely situated. The site is bordered by the Santa Ana river channel in the rear, a gravel operation on the western boundary and a lumber yard to the east. The gravel operation and lumber yard makes the existing site less desirable for office or residential type uses due the adjacent uses heavy industrial nature and high impacts. 23412 Moulton Parkway, Suite 140, Lacuna Hills, CA 92653 949/465.8290 i 949/465.8297- Fax wwtiv.pacfficolannin99mup.c0m CUP NO. 2CC6 m 0 5 Item No. 4 ANAHEIM RESORT RCL 66 -67 -61 (10£ RCL 66 -67 -14 RCL 55 -56 -24 CUP 2004 -04848 INDUSTRIAL BUILDING ory v�r� � Je ryryo oop �� °c el G � O, A . ,- -, 6 SP 92 -1 RCL 66-67-61 (27) RCL 64-65 -112 CUP 755 CUP 574 CUP 32 VAR 2074 S DISNEYLAND PARKING LANDSCAPED SP 92 -1 EASEMENT RCL 66£7£1(108) SP 92 -1 RCL 66 -67 -61 76) T -CUP 2004 -0 941 CUP 4078 (RCL 56- 57 -92) VACANT Variance No. 2006 -04681 Requested By: STEVE SHELDON 200 West Arlo Way Q.S. No. 87 10016 w ti S SP 92 -2 RCL66 -67 -61 (10,4 / VACANT , 1115 R - 4- 100 7 , cuss -s L E KERY P2 P206 s> SP 92 -1 0 RCL 77 -78 -58 8 co RCL 66-67-61 (108) N CUP2964 2 1 VAR 2006 -04681 ss-67s1 (108) VAR 3009 J DIST VAR 730 CENTER CHILDRENS STORE SP 92 -1 RCL 77 -78-58 RCL 66-67-61 (108) CUP 2330 VAR 3009 VAR 730 SM. IND. FIRM SP 92 -1 RCL66 -67 -61 (108) CUP 1809 DIgNFY W CERRITOS AVE. CUP 2002 -04611 CUP 2002 -04610 �,........,.yZ RCL2000 -00023 SABC Overlay Zone) Cl II RCL 78 -79-02 \ SABC Overla Zone Y )CUP 1589 RCL 57 -58-16 RCL 78 -79-02 VAR 3166 S CUP 3738 CUP 200504981 VAR 3025 S CUP 3350 CUP 3738 CUP 3089 CUP 2374 CUP 2328 CUP 1849 9 CUP 1589 g9 VAR 3166 S y ,�0 VAR 3025 S o��ry ANAHEIM BUSINESS PARK CERRITOS AVE. CUP 2002 -04611 CUP 2002 -04610 CUP 3350 RCL2000 -00023 CUP2374 Cl (Res of Int to CUP 2328 CUP 1849 \ SABC Overla Zone Y )CUP 1589 RCL 78 -79-02 VAR 3166 S ,_ RCL 57 -58 -16 VAR 3025 S CUP 3738 ( 9 F � s p C p G T ��� ��� 161A O G, �O AY , N ED Subject Property Date: May 1, 2006 Scale: 1"=200' Staff Report to the Planning Commission May 1, 2006 Item No. 4 4a. CEQA CATEGORICAL EXEMPTION -CLASS 11 (READVERTISED) (Motion for continuance) 4b. VARIANCE NO. 2006 -04681 SITE LOCATION AND DESCRIPTION: (1) This irregularly- shaped 1.5 -acre property has a frontage of 100 feet on the south side of Alro Way, a maximum depth of 246 feet, and is located 115 feet east of the centerline of Manchester Avenue (200 West Alro Way — Bergstroms). REQUEST: (2) Applicant requests waiver of the following to retain one non - conforming business identification pole sign with electronic message board and one non - conforming business identification wall sign: (a) SECTION NO. 18.114.130.0207.01 Maximum letter height ( inches (for registered trademark name) permitted, 3 foot 2 inch to 4 foot 8 inch letters existing) (b) SECTION NO.18.114.130.020.0207.01 BACKGROUND: Continuation and Termination of Legal Non - Conforming Signs (Pole sign and readerboard sign prohibited as of December 31, 2005; one pole sign with electronic message board to remain until December 31, 2019) (3) This property is zoned SP92 -1 (The Disneyland Resort Specific Plan). The property and all surrounding properties are designated for Commercial Recreation land uses by the Anaheim General Plan. (4) This item was continued from the April 3, 2006 Commission in order for staff to readvertise the waiver relating to the pole sign. The applicant has submitted the attached letter requesting a continuance to the May 15, 2006 meeting due to scheduling conflicts. RECOMMENDATION: (5) That the Commission, by motion, continue this item to the May 15, 2006, Planning Commission meeting. S R- VAR2006- 04685/1 /2006. Page 1 rGROUP Public Affairs Land Use Law a April 17, 2006 Ms. Della Herrick Associate Planner City of Anaheim 200 Anaheim Boulevard Anaheim, CA 92805 Ms. Herrick: Attachment - Item No. 4 RE: VAR2006 -04681 Bergstroms Sign Waiver On behalf of Bergstroms Childrens Stores, we respectfully request a continuance of our May 1 planning commission hearing to May 15. Unfortunately, due to some scheduling conflicts beyond our control, several of our team members will be unavailable to attend the hearing on May 1. We appreciate your consideration of this request and thank you for your patience. If you have any questions, please contact me at (949) 777 -9400. Since ely, Stephen R. Sheldon Cc: Karl Bergstrom, President, Bergstroms Children Stores 901 Dove Street, Suite 140, Newport Beach, CA 92660 then, 949 - 777 -9400 • fax 949- 777 -9410 • web www.sheldongrp.com Riverside 951 - 300 -2220 San Dieeo 619 - 233 -7135 Item No. 5 r RS -2 i DU ACH RS -2 _ 1 DU EAC STANLEY AVE YALE AVENUE R 4 RCL 65 -66 -117 VAR 1796 APARTMENTS 70 DU N -4 i$6 -117 6 -57 -41 1796 DU F7 RM-4 RCL 65 -66 -117 RCL 56 -57A1 VAR 1796 68 DU Conditional Use Permit No. 2006 -05077 H W W H Q Z_ W Q J 4- 265' IN 1-0 -139' I PARCEL 1 RCL 63 -64 -55 RCL 56 -57 -41 T -CUP 2005 -04961 - RS -2 - — RS -2 1 DU EAC - - 1 DU EACH x CUP 2003 -04816 Red evelopment Project CUP 2001 -04411 CUP 2001 -04396 APARTMENTS RS-2 VAR 3186 rn 1 DU EACH 112 DU �x RM-4 RM-4 Z RCL67�8 -79 RCL 67 -68-79 R RCL CL 1 DU BRUCE AVE UI K R\ N RS-2 1 DU EACH RS -2 1 DU EACH PARCEL 1 RCL 63 -64 -55 RCL 56 -57 -41 T -CUP 2005 -04961 - - — RS -2 1 DU EAC - - West Anaheim Commercial Corridors CUP 2003 -04816 Red evelopment Project CUP 2001 -04411 CUP 2001 -04396 APARTMENTS VAR 3186 NURSERY 112 DU RM-4 RM-4 Z RCL67�8 -79 RCL 67 -68-79 RCL 7 RCL 56 -573 VAR R 19 1973 3 VAR 1973 RCL CL LU UI K R\ N �I Requested By: SOUTHERN CALIFORNIA EDISON 2711 West Yale Avenue - SCE Easement ED Subject Property Date: May 1, 2006 Scale: 1"=200' Q.S. No. 19 10027 RUSSELLAVE Date of Aerial Photo: July 2005 Conditional Use Permit No. 2006 -05077 ED Subject Property Date: May 1, 2006 Scale: 1"=200' Requested By: SOUTHERN CALIFORNIA EDISON 2711 West Yale Avenue - SCE Easement Q.S. No. 19 10027 Staff Report to the Planning Commission May 1, 2006 Item No. 5 5a CEQA NEGATIVE DECLARATION (Motion) 5b. CONDITIONAL USE PERMIT NO. 2006 -05077 (Resolution) SITE LOCATION AND DESCRIPTION: (1) This rectangularly- shaped 3.5 -acre property has a frontage of 265 feet on the north side of Yale Avenue, a maximum depth of 583 feet, and is located 139 feet west of La Reina Street (2711 West Yale Avenue- SCE Easement). REQUEST: (2) The applicant requests approval of a conditional use permit under authority of Code Section 18.14.030.040.0402 and 18.38.060 to permit a telecommunications facility on an existing SCE lattice tower with accessory ground- mounted equipment- BACKGROUND ( This property is currently developed with Southern California Edison (SCE) transmission towers and a plant nursery and is zoned T (Transition Zone). The Anaheim General Plan designates this property for Open Space land uses and surrounding properties to the east for Low Density Residential land uses; to the west for Low - Density Residential land uses and Low Medium Density Residential land uses; and to the north and south for Open Space land uses. DEVELOPMENT PROPOSAL: (4) The applicant proposes to construct a telecommunications facility consisting of six (6) sectors with one (1) panel antenna per sector on an existing 123 -foot high Edison transmission tower. This request also includes ground- mounted accessory equipment located directly beneath the tower within a 289 square foot lease area. (5) The site plan (Exhibit Nos. 1 -A and 1 -13) indicates the 123 -foot high tower is located near the northern portion of the property, approximately 198 feet north of Yale Avenue. There are currently no other telecommunications antennas located on the tower. Properties 173 feet to the east and 84 feet to the west are developed with single -story single - family homes. SRCUP2006- 05077dh Page 1 Staff Report to the Planning Commission May 1, 2006 Item No- 5 Aerial view of the subject site (6) The elevation plans and photo simulations (Exhibit Nos- 2 and 3) indicate that antennas would be placed at an operating center height of 47 feet above ground level and mounted parallel to the lattice tower- Ground - mounted equipment would be located directly below the tower - View from Yale Avenue _c+ 01 W Proposed Proposed equipment antennas 1 1 �, , Page 2 a. } Op tz (6) The elevation plans and photo simulations (Exhibit Nos- 2 and 3) indicate that antennas would be placed at an operating center height of 47 feet above ground level and mounted parallel to the lattice tower- Ground - mounted equipment would be located directly below the tower - View from Yale Avenue _c+ 01 W Proposed Proposed equipment antennas 1 1 �, , Page 2 Staff Report to the Planning Commission May 1, 2006 Item No. 5 (7) The site plan does not propose any additional landscaping. A 5 foot wide landscaped setback is currently provided by the nursery. (8) The antenna layout plan (Exhibit No. 4) indicates the panel antennas are five (5) feet in height by one (1) foot in width and four (4) inches in depth. The antennas would be painted to match the existing tower. In addition, a 24 -inch high microwave dish and a 24 -inch GPS antenna would also be mounted on the tower and painted to match the existing tower. The proposed antennas and brackets would not be flush - mounted. Southern California Edison standards do not allow for antennas to be flush- mounted. According to SCE, in order to service the lattice tower, staff must climb the tower; flush- mounted antennas create a potential hazard because staff would need to climb in front of the brackets and antennas. (9) The elevation plan (Exhibit No. 2) indicates a 232 square foot proposed equipment area located between the existing lattice tower legs. The equipment area would have an 8 -foot high chain link fence completely surrounding the equipment. The applicant has agreed to replace the chain link fence with decorative wrought iron as required by Code. The fencing would secure the equipment and provide screening for the ground mounted equipment. (10) The applicant's supplemental information statement indicates that Royal Street Communications /Metro PCS is a new wireless carrier to the Southern California region. This proposal's primary objective is to cover the vicinity of Crescent Street (north), Lincoln Avenue (south), Dale Avenue (east), and Magnolia Street (west). There are surrounding sites that are planned that will integrate with this particular site, as the network develops. As sites begin to go "on air ", this site will cover a much wider area than the aforementioned street boundaries. Coverage and capacity are a function of distance and network customer usage. ENVIRONMENTAL IMPACT ANALYSIS: (11) Staff has reviewed the proposal for a telecommunication facility 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 Planning Commission that the Negative 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 (12) Communication facilities and antennas are permitted in the T Zone subject to the approval of a conditional use permit and the requirements of Section 18.38.060 pertaining to telecommunication antennas of Chapter 18.38 (Supplemental Uses). (13) On, June 7, 2005, the City Council approved a franchise agreement with SCE. Within that agreement, provisions were made to upgrade fencing and landscaping on properties owned by SCE in an effort to improve the aesthetics of the property to the public right -of- way. The agreement states that SCE would require that at the time a license or lease is Page 3 Staff Report to the Planning Commission May 1, 2006 Item No. 5 renewed, terminated or created, a 10 -foot wide area would be devoted to landscaping. Although this new lease for the telecommunications facility does not include the area immediately adjacent to the street, staff feels in keeping with the direction of the franchise agreement, 10 feet of landscaping should be provided along Yale Avenue. Staff is recommending as a condition of approval that trees /shrubs in containers from the existing nursery be provided in front of the facility to screen the site from public view. The existing land use, a plant nursery, has a large quantity of trees and shrubs and the applicant has agreed to work with the nursery to place landscaping stock in front of the telecommunications facility to help screen the facility from public view. (14) The recently updated Zoning Code includes design guidelines and requirements for telecommunication facilities. Code requires wireless communication facilities be co- located where technologically feasible and visually beneficial. Staff feels "stealth" installations and installation on existing SCE lattice towers are the best alternative to decrease visual clutter and preserve the aesthetic quality of the community. Since the proposed location for the antennas and accessory ground mounted equipment is located 198 feet from the closest public right -of -way, the visual impact of the additional antennas on the existing tower would be minimal. Therefore, staff recommends approval of this request- FINDINGS (15) 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 this code, or is an unlisted use as defined in Subsection .030 (Unlisted Uses Permitted) of Section 18.66.040 (Approval Authority); (b) That the use will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located; (c) That the size and shape of the site proposed for use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor or to health and safety; (d) That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the 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 (16) 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, that the Planning Commission take the following actions: (a) By motion, approve a Negative Declaration for the project. Page 4 Staff Report to the Planning Commission May 1, 2006 Item No. 5 (b) By resolution, approve Conditional Use Permit No. 2006 -05077 to permit a telecommunications facility on an existing SCE lattice tower with accessory ground- mounted equipment, by adopting the attached resolution including the findings and conditions contained herein. Page 5 [DRAFT] RESOLUTION NO. PC2006 - * ** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2006 -05077 BE GRANTED (2711 WEST YALE AVENUE — SCE EASEMENT) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THE EASTERLY 265 FEET OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, AS SAID SOUTHEAST QUARTER IS SHOWN ON A MAP OF TRACT NO. 2303 RECORDED IN BOOK 89 PAGES 35, 36 AND 37 OF MISCELLANEIOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 1, 2006, at 230 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts 1 - That the applicant proposal to permit a telecommunications facility on an existing electrical transmission tower with accessory ground- mounted equipment is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section Nos. 18.14.030.040.0402 and 18.38.060. 2. That the proposed telecommunications facility would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the proposal locates the proposed antennas on an existing electrical transmission tower 198 feet from the public right -of -way and over 85 feet the nearest adjacent single - family homes. 3. That the size and shape of the site is adequate to allow full development of the proposal in a manner not detrimental to the particular area nor to the health and safety because the telecommunications facility would be to located on an existing electrical lattice tower with minimal new equipment. 4. That because this is an unmanned facility with infrequent maintenance, the traffic generated by the proposed use will not, under the conditions imposed, impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. That granting this conditional use permit will not, under the conditions imposed, be detrimental to the health and safety of the citizens of the City of Anaheim and that the use will contribute to an essential and effective wireless communications network system in a manner that will blend in with the existing facilities. 6. That * ** indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim Planning Commission has reviewed the proposal to permit a telecommunications facility on an existing electrical transmission tower with accessory ground- mounted equipment; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. Cr1PC2006- -1- PC2006 NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health and safety of the Citizens of the City of Anaheim: 1. That this telecommunications facility shall be limited to no more than six (6) sectors with one (1) panel antenna on each sector on the existing electrical lattice tower with accessory ground- mounted equipment and one GPS antenna and one microwave dish. The six (6) sectors shall be limited to a height of fifty (50) feet in height. Said information shall be specifically shown on plans submitted for building permits. No additional antennas or equipment cabinets shall be permitted without the prior approval of the Planning Commission at a noticed public hearing. 2. That the antennas shall be finished and painted to match the existing electrical transmission tower. If the finish or color of the tower is modified, the antennas shall be modified accordingly. Said information shall be specifically shown on the plans submitted by building permits. 3. That that ground- mounted equipment shall be located entirely within an 8 -foot high decorative wrought iron fence and the cable connecting to the equipment shall be underground and shall not be visible to the public. Said information shall be specifically shown on plans submitted for building permits. 4. That all equipment, including supply cabinets and power meter shall be screened from the public right -of- way. Said information shall be specifically shown on plans submitted for building permits. 5. That the Operator shall ensure that its installation and choice of frequencies will not interfere with in the 800 MHz radio frequencies required by the City of Anaheim to provide adequate spectrum capacity for public safety and related purposes. 6. That before activating this facility, the Operator shall submit to a post - installation test to confirm that the facility does not interfere with the City of Anaheim's Public Safety radio equipment. This test shall be conducted by the Communications Division of the Orange County Sheriffs Department or a Division approved contractor at the expense of Operator. 7. That the Operator shall provide a 24 -hour telephone number, fax number and e-mail address to the Planning Services Division (to be forwarded to the Fire and Police Departments) to which interference problems may be reported, and shall resolve all interference complaints within 24 hours. 8. That the Operator shall ensure that any of its contractors, sub - contractors or agents, or any other user of the facility, shall comply with the terms and conditions of this permit. 9. That should this telecommunication facility be sold, the Planning Services Divisions shall be notified within 30 days of the close of escrow. 10. That any required relocation of City electrical facilities shall be at the petitioner's expense. Landscape and /or landscape screening of all pad mounted equipment shall be required and shall be specifically shown on plans submitted for building permits. 11. That the applicant shall obtain a Right -of -Way Construction Permit from the Public Works Department for any work within the public right -of -way, including but not limited to installation of conduit, cable, and electrical service lines. 12. That the routing of the telco and power runs shall be routed within the property parallel to the existing property line and then out to the power pole. Pullboxes shall be required where the conduits change direction. Said information shall be specifically shown on plans submitted for building permits. 13. That the portion of the property being leased to the telecommunication provider shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty -four (24) hours from time of occurrence- -2- PC2006- 14. That no signs, flags, banners, or any other form of advertising shall be attached to the antennas or to the transmission tower structure. 15. That a final landscape and equipment enclosure plan shall be submitted to the Planning Services Division for review and approval indicating an 8 -foot high decorative wrought iron fence with landscaping from the nursery placed in front of the enclosure to screen the equipment from the public view along Yale Avenue. Any decision by staff regarding said plans may be appealed to the Planning Commission as a Reports and Recommendations item. Said information shall be specifically shown on plans submitted for building permits. 16. That the subject property shall be developed substantially in accordance with the plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos-1 through 7 and as conditioned herein. 17. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 3, 4, 10, 12 and 15 above mentioned, shall be complied with. Extensions of further time to complete said conditions may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 18. That prior to final building and zoning inspections, Condition Nos. 6, 7 and 16, above mentioned shall be complied with. 19. 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 equipment. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 1, 2006. 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 SENIOR SECRETARY. ANAHEIM PLANNING COMMISSION -3- PC2006- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on May 1, 2006, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: VACANT: COMMISSIONERS: 2006. IN WITNESS WHEREOF, I have hereunto set my hand this day of SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2006- Item No. 6 o ❑ ❑ �ow� ❑ � I– z — K K LL F ryo c y LL Z O ❑ d wow zz 0 Q Q Q UU 11 W 0_ m t > STONYBROOK DRIVE RS -2 VAR 3072 1 DU EACH West Anaheim Commercial Comdom Redevelopment PmjeC T CHALLENGER EDUCATIONAL CLINIC POLARIS HIGH SCHOOL T DALE JUNIOR HIGH SCHOOL RM4 Q n z Qo o oUQI �KZU T 87 -88-12 m r o 1 DU .L Bfi -87 -20 a VAR 3162 VAR 3697 o r 0ll VAR 3627 y [ ° o V eUP 541 INSET PLAZA boo¢ x ooU = 'ARTMENTS O x 106DU wQ � wx w O ry >� OrvF STONYBROOK DRIVE SOUTHERN CALIFORNIA RS -2 RS -2 EDISON EASEMENT NURSERY 1 DU ° 1 DU EACH a U EACH 1 DU EACH ROMEAVE �. �...J 265' BALL ROAD 1 RM -4 U RM -4 RM-4 5 RCCUP458t6 Z RC 2 DU 4 RC CUP 426 T T D 52 Du 53 DU VAR 822 S NURSERY m Conditional Use Permit No. 2006 -05080 Q n z Qo o oUQI �KZU J RCL70 -71- 4 ReL 8687 -15 L VAR 3162 RCL 63-64 -91 ReL 63- 4 ' 0ll VAR 2229 VAR 2248 eUP 541 OU?WQ APARTMENTS = VAR3616 O x x U wQ VJ W wx O wQ � wx w O ry � �W WJ O �. �...J 265' BALL ROAD 1 RM -4 U RM -4 RM-4 5 RCCUP458t6 Z RC 2 DU 4 RC CUP 426 T T D 52 Du 53 DU VAR 822 S NURSERY m Conditional Use Permit No. 2006 -05080 V) Q Z Q Q �w �w w w w w o 0 1 46 , West Anaheim Commecial COrritlom Redevelopment Project RM-4 U) Z U) RCL70 -71- 4 ReL 8687 -15 L VAR 3162 RCL 63-64 -91 ReL 63- 4 ' C-1 VAR 2229 VAR 2248 eUP 541 AF APARTMENTS wQ rj1W W VAR3616 wQ rj1W WW O x U wQ VJ W wx O wQ � wx w O O ADJ 87 -2 CUP 2093 V) Q Z Q Q �w �w w w w w o 0 1 46 , West Anaheim Commecial COrritlom Redevelopment Project RM-4 RCL 70 -71 -29 RCL70 -71- 4 ReL 8687 -15 L VAR 3162 RCL 63-64 -91 ReL 63- 4 ' C-1 VAR 2229 VAR 2248 eUP 541 AF APARTMENTS CU 541 VAR3616 06 DU W DU IV Requested By: SOUTHERN CALIFORNIA EDISON COMPANY, LTD 2719 West Ball Road 10029 ED Subject Property Date: May 1, 2006 Scale: Graphic Q.S. No. 21 Date of Aerial Photo: July 2005 Conditional Use Permit No. 2006 -05080 Requested By: SOUTHERN CALIFORNIA EDISON COMPANY, LTD 2719 West Ball Road ED Subject Property Date: May 1, 2006 Scale: Graphic Q.S. No. 21 10029 Staff Report to the Planning Commission May 1, 2006 Item No. 6 6a. CEQA NEGATIVE DECLARATION (Motion) 6b. CONDITIONAL USE PERMIT NO. 2006 -05080 (Resolution) SITE LOCATION AND DESCRIPTION: (1) This rectangularly- shaped, 7.77 -acre property has a frontage of 265 feet on the north side of Ball Road, a depth of 1,267 feet, and is located 146 feet west of the centerline of Sherrill Street (2719 West Ball Road). REQUEST: (2) The applicant requests approval of a conditional use permit under authority of Code Section 18.14.030.040.0402 and 18.38.060 to permit a telecommunications antenna on an existing SCE electrical transmission tower with accessory ground- mounted equipment- BACKGROUND ( This property is currently developed with Southern California Edison (SCE) transmission towers and a plant nursery and is zoned T (Transition Zone). The Anaheim General Plan designates this property and properties to the north and south for open space land uses. Properties to east are designated for Low Density Residential land uses and properties to the west for School land uses. (4) Conditional Use Permit No. 2001 -04416 (to permit a telecommunications antenna and accessory ground- mounted equipment) was approved by the Planning Commission on December 11, 2001). This proposal pertained to a SCE transmission tower adjacent to Ball Road. DEVELOPMENT PROPOSAL: (5) The applicant proposes to construct a telecommunications facility consisting of three (3) sectors with two (2) panel antennas on each sector, on an existing 119 -foot high SCE transmission tower. This request also includes a ground- mounted accessory equipment shelter located directly beneath the tower within a 400 square foot lease area. (6) The site plan (Exhibit No. 1) indicates the 119 -foot high tower is located near the northern portion of the property, approximately 280 feet from Stonybrook Drive and approximately 1,095 feet from Ball Road. There are currently four (4) transmission towers on the property. There are currently no other telecommunications antennas located on the tower, but there is another telecommunications facility on the transmission tower adjacent to Ball Road. Srcup2006- 05080klw. doc Page 1 Staff Report to the Planning Commission May 1, 2006 Item No. 6 Aerial of subject site. (7) The elevation plans and photo simulations (Exhibit Nos. 2 and 3) indicate that antennas would be placed at an operating center 60 feet above ground level and ground- mounted equipment would be located directly below the lattice tower. Page 2 Staff Report to the Planning Commission May 1, 2006 Item No. 6 Elevation of proposed antennas Page 3 a n wv2xx B � � a I � � Elevation of proposed antennas Page 3 Staff Report to the Planning Commission May 1, 2006 Item No. 6 (8) The site plan does not propose any additional landscaping. A 5 foot wide existing landscape setback is provided along Stonybrook Drive. (9) The antenna layout plan (Exhibit No. 4) indicates the panel antennas are five (5) feet in height by one (1) foot in width and four (4) inches in depth. The antennas would be painted to match the existing tower. Also proposed are a 24 -inch diameter microwave dish and a 6 -inch tall 3 -inch wide GPS antenna affixed to one of the proposed sectors 50 feet above ground level. These would also be painted to match the existing tower. The proposed antennas and brackets would not be flush- mounted. Southern California Edison standards do not allow for antennas to be flush - mounted. According to SCE, in order to service the lattice tower, staff must climb the flush - mounted antennas, creating a potential hazard because staff would need to climb in front of the brackets and antennas. (10) The lease area plan (Exhibit No. 4) proposes a 155 square foot equipment area located between the existing transmission tower legs. The plans indicate the equipment area would be surrounded by a chain link fence. The applicant has agreed to replace the chain link fence with decorative wrought iron as required by Code. The fencing would provide screening of the ground- mounted equipment and security. The existing land use, a plant nursery, has a large quantity of trees and shrubs that would be placed around the legs of the tower to help screen the equipment from public view along Stonybrook Drive. (11) The applicant's supplemental information statement indicates that Royal Street Communications /Metro PCS is a new wireless carrier to the Southern California region. This proposal's primary objective is to cover the vicinity of Ball Road (south), Stonybrook Drive (north), Magnolia Avenue (east), and Dale Avenue (west). There are surrounding sites that are planned that will integrate with this particular site, as the network develops. As sites begin to "on air', this site will cover a much wider area than the aforementioned street boundaries. Coverage and capacity are a function of distance and network customer usage. ENVIRONMENTAL IMPACT ANALYSIS: (12) Staff has reviewed the proposal for a telecommunications facility 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 Planning Commission that the Negative 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 (13) Telecommunications facilities and antennas are permitted in the T Zone subject to the approval of a conditional use permit and the requirements of Section 18.38.060 pertaining to telecommunications antennas of Chapter 18.38 (Supplemental Uses). Page 4 Staff Report to the Planning Commission May 1, 2006 Item No. 6 (14) On June 7, 2005, the City Council approved a franchise agreement with SCE. Within that agreement, provisions were made to upgrade fencing and landscaping on properties owned by SCE in an effort to improve the aesthetics of the property to the public right -of- way. The agreement states that SCE would require that at the time a license or lease is renewed, terminated, or created, a 10 -foot wide area would be devoted to landscaping. Although this new lease for the telecommunications facility does not include the area immediately adjacent to the street, staff feels in keeping with the direction of the franchise agreement, 10 feet of landscaping should be provided along Stonybrook Drive. Staff is recommending a condition of approval that trees /shrubs in containers from the existing nursery be provided in front of the facility to screen the site from public view. The existing land use, a plant nursery, has a large quantity of trees and shrubs and the applicant has agreed to work with the nursery to place landscaping stock in front of the telecommunications facility to help screen the facility from public view. (15) The recently updated Zoning Code includes design guidelines and requirements for telecommunication facilities. Code requires wireless communication facilities to be co- located where technologically feasible and visually beneficial. Staff feels "stealth" installations and installation on existing SCE lattice towers are the best alternative to decrease visual clutter and preserve the aesthetic quality of the community. The new facility would be located approximately 280 feet away from Stonybrook Drive and 1,095 feet way from Ball Road, further minimizing the visibility of the proposed antennas and equipment location from public view. Staff feels the location on the existing SCE transmission tower is the best alternative to decrease visual clutter and preserve the aesthetic quality of the community and therefore, staff recommends approval of this request- FINDINGS (16) 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 this code, or is an unlisted use as defined in Subsection .030 (Unlisted Uses Permitted) of Section 18.66.040 (Approval Authority); (b) That the use will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located; (c) That the size and shape of the site proposed for use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor or to health and safety; (d) That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the 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. Page 5 Staff Report to the Planning Commission May 1, 2006 Item No. 6 RECOMMENDATION: (17) 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 Planning Commission take the following actions: (a) By motion, approve a Negative Declaration for the project. (b) By resolution, approve Conditional Use Permit No. 2006 -05080 to permit a telecommunications facility on an existing SCE electric transmission tower with accessory ground- mounted equipment, by adopting the attached resolution including the findings and conditions contained herein. Page 6 [DRAFT] RESOLUTION NO. PC2006 * ** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2006 -05080 BE GRANTED (2719 WEST BALL ROAD) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THE SOUTHERLY 175.00 FEET OF LOT 3 IN BLOCK 13 OF THE SUBDIVISION OF THE SOUTH ONE -HALF OF SECTION 21, TOWNSHIP 4 SOUTH, RANGE 10 WEST, S.B.B. AND M., AS PER MAP RECORDED IN BOOK 1, PAGE 33 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 1, 2006, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and on its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the applicant proposal to permit a telecommunications facility on an existing transmission tower with accessory ground- mounted equipment is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section Nos. 18.14.030.040.0402 and 18.38.060. 2. That the proposed telecommunications facility would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the proposal locates the proposed antennas on an existing electrical transmission tower reducing the cumulative visual clutter of such facilities by using existing infrastructure, and the transmission tower is located 280 feet from Stonybrook Drive further minimizing the visual impact of the proposed facility. 3. That the size and shape of the site is adequate to allow full development of the proposal in a manner not detrimental to the particular area nor to the health and safety because the telecommunications facility would be located on an existing electrical transmission tower with minimal new equipment. 4. That because this is an unmanned facility with infrequent maintenance, the traffic generated by the proposed use will not, under the conditions imposed, impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. That granting this conditional use permit will not, under the conditions imposed, be detrimental to the health and safety of the citizens of the City of Anaheim and that the use will contribute to an effective wireless communications network system in a manner that would blend in with the existing facilities. 6. That * ** indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim Planning Commission has reviewed the proposal to permit a telecommunications facility on an existing electrical Cr\PC2006 -0 -1- PC2006- transmission tower with accessory ground- mounted equipment; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health and safety of the Citizens of the City of Anaheim: 1. That this telecommunications facility shall be limited to no more three (3) sectors with no more than two (2) panel antennas on each sector, a 24 -inch diameter microwave dish, and a 6 -inch tall 3 -inch wide GPS antenna, on the existing electrical lattice tower with accessory ground- mounted equipment. The six (6) antennas shall be limited to a height of 63 feet. No additional antennas or equipment cabinets shall be permitted without the approval of the Planning Commission at a noticed public hearing. 2. That the antennas shall be finished and painted to match the existing electrical lattice tower structure. If the finish or color of the tower is modified, the antennas shall be modified accordingly. Said information shall be specifically shown on the plans submitted by building permits. 3. That that ground- mounted equipment shall be located entirely within an 8 -foot high decorative wrought iron fence and the cable connecting to the equipment shall be underground and shall not be visible to the public. Said information shall be specifically shown on plans submitted for building permits. 4. That all equipment, including supply cabinets and power meter shall be screened from the public right - of -way. Said information shall be specifically shown on plans submitted for building permits. 5. That the Operator shall ensure that its installation and choice of frequencies will not interfere with in the 800 MHz radio frequencies required by the City of Anaheim to provide adequate spectrum capacity for public safety and related purposes. 6. That before activating this facility, the Operator shall submit to a post - installation test to confirm that the facility does not interfere with the City of Anaheim's Public Safety radio equipment. This test shall be conducted by the Communications Division of the Orange County Sheriffs Department or a Division approved contractor at the expense of Operator. 7. That the Operator shall provide a 24 -hour telephone number to the Planning Services Division (to be forwarded to the Fire and Police Departments) to which interference problems may be reported, and shall resolve all interference complaints within 24 hours. 8. That the Operator shall ensure that any of its contractors, sub - contractors or agents, or any other user of the facility, shall comply with the terms and conditions of this permit. 9. That should this telecommunication facility be sold, the Planning Services Divisions shall be notified within 30 days of the close of escrow. 10. That any required relocation of City electrical facilities shall be at the petitioner's expense. Landscape and/or landscape screening of all pad mounted equipment shall be required and shall be specifically shown on plans submitted for building permits. 11. That the applicant shall obtain a Right -of -Way Construction Permit from the Public Works Department for any work within the public right -of -way, including but not limited to installation of conduit, cable, and electrical service lines- -2- PC2006- 12. That the routing of the telco and power runs shall be routed within the property parallel to the existing property line and then out to the power pole. Pull -boxes shall be required where the conduits change direction. Said information shall be specifically shown on plans submitted for building permits. 13. That portion of the property being leased to the telecommunication provider shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty -four (24) hours from time of occurrence. 14. That no signs, flags, banners, or any other form of advertising shall be attached to the antennas or to the transmission tower structure. 15. That a final landscape and equipment enclosure plan indicting a 8 -foot high decorative wrought iron fence with landscaping from the nursery placed in front of the enclosure to screen the equipment from the public view along Stonybrook Drive. Any decision by staff regarding said plans may be appealed to the Planning Commission as a Reports and Recommendations item. Said information shall be specifically shown on plans submitted for building permits. 16. That the subject property shall be developed substantially in accordance with the plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos-1 through 7 and as conditioned herein. 17. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 3, 4, 10, 12 and 15 above mentioned, shall be complied with. Extensions of further time to complete said conditions may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 18. That prior to final building and zoning inspections, Condition Nos. 6, 7, and 16, above mentioned shall be complied with. 19. 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 equipment. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 1, 2006. 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. ATTEST: CHAIRMAN, ANAHEIM PLANNING COMMISSION SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2006- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on May 1, 2006, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: VACANT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of , 2006. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2006- Item No. 7 NR Gbtlb \ �\ Kl:Lbb -0/Jb VAR 3989 RCL 66 -67 -14 RCL 55-5 13 6- RCL 55 -5 -19 RCL 5455-42 KATELWLEWIS 9 '_RCL es. of Int. to SE) RCL 66 -6744 RCL 66 -67 -14 RCL 56 -57 -93 RCL 55 -56 -21 CUP 2264 CUP 3345 FRITZ STONE CENTER S PORT S BAR I RCL 56 -57 -93 CUP 3615 IND. FIRM � I RCL 99 -00 -15 (Res. of Int. to SE) I RCL 99 -00 -15 (Res. of Int. to SE) RCL 56 -57 -93 CUP 2006 -05079 CUP 585 VAR 2441 (RCL 70- 71 -34) IND. FIRM CUP 585 - -*— 209' � t I RCL 99 -00 -15 (Res of Int. to S RCL 56 -57 -93 CUP 585 9 9, N �"9 G �dl XIN SP 92 -2 CL 86 -87 -28 ` L CIL CUP 1464 SP 92- VAR 1276 VAR 1717 Ix VAR 904 ROO SPEED SHOP T (MHP) Conditional Use Permit No. 2006 -05079 Requested By: IDELFONSO G. MARQUEZ, JR. AND CHERYLY.MARQUEZ 1835 South Lewis Street 10028 Anaheim Blvd Area) ~ I I RCL 99 -00 -15 (Res. of Int. to SE) RCL 66 -67 -14 CUP 434 I ALARM ONE RCL 99 -00 -15 Res. of Int. to SE) RCL 99 -00.15 (Res. of Int. to SE) CUP 679 F- I W UJ RCL 99 -00 -15 - � (Res. of Int. to SE) r (n (n I IND. FIRMS �W RCL 99 -00.15 (Res. of Int. to SE) RCL 66 -67 -14 RCL 65 -66 -84 CUP 1670 I RCL 99 -( O -H (Res. of Int. IND. FIR RCL 66 -f CUP if IND. FIF I RCL 99 -00 -15 es. oflnt.to S CUP 1670 N� RCL 99 -00.15 Q') � I (Res. of Int. to SE) ¢ I RCL 99 -00.15 T -CUP 2001 -04436 j (Res. of Int. to SE) CUP 3583 m I L 56 -57 -9 CUP 3148 CUP 1591 TRANSPORT INT'L POOL c CUP 24! N CUP 20! N 0 U RCL 99 -00 -15 ��" CUP 196 Q CUP 28 (Res. of Int. to SE) ,N Z CUP 2005 -05039 Q T -CUP 2001 -04436 U) CUP 3148 a 1 CUP 1591 Z AIRPORT COACH 12 CUP 2037 C M U 1) CUP 2058 - O 1 GENE AUTRY WAY I N ED Subject Property Date: May 1, 2006 Scale: 1"=200' I K KATELLA AVENUE RCL 99 -00 -15 1 1 (Res. of Int. to SE) R RCL 99 -00 -15 RCL 66-67 -14 ( (Res. of RCL S SE) CUP - RCL 6o 67- 4 \ R CUP 3101 1 1 1 RCL 56 -57 -93 99 - CUP 2698 V -0045 es. of Int. to SE) RCL 66 -6744 RCL 66 -67 -14 RCL 56 -57 -93 RCL 55 -56 -21 CUP 2264 CUP 3345 FRITZ STONE CENTER S PORT S BAR I RCL 56 -57 -93 CUP 3615 IND. FIRM � I RCL 99 -00 -15 (Res. of Int. to SE) I RCL 99 -00 -15 (Res. of Int. to SE) RCL 56 -57 -93 CUP 2006 -05079 CUP 585 VAR 2441 (RCL 70- 71 -34) IND. FIRM CUP 585 - -*— 209' � t I RCL 99 -00 -15 (Res of Int. to S RCL 56 -57 -93 CUP 585 9 9, N �"9 G �dl XIN SP 92 -2 CL 86 -87 -28 ` L CIL CUP 1464 SP 92- VAR 1276 VAR 1717 Ix VAR 904 ROO SPEED SHOP T (MHP) Conditional Use Permit No. 2006 -05079 Requested By: IDELFONSO G. MARQUEZ, JR. AND CHERYLY.MARQUEZ 1835 South Lewis Street 10028 Anaheim Blvd Area) ~ I I RCL 99 -00 -15 (Res. of Int. to SE) RCL 66 -67 -14 CUP 434 I ALARM ONE RCL 99 -00 -15 Res. of Int. to SE) RCL 99 -00.15 (Res. of Int. to SE) CUP 679 F- I W UJ RCL 99 -00 -15 - � (Res. of Int. to SE) r (n (n I IND. FIRMS �W RCL 99 -00.15 (Res. of Int. to SE) RCL 66 -67 -14 RCL 65 -66 -84 CUP 1670 I RCL 99 -( O -H (Res. of Int. IND. FIR RCL 66 -f CUP if IND. FIF I RCL 99 -00 -15 es. oflnt.to S CUP 1670 N� RCL 99 -00.15 Q') � I (Res. of Int. to SE) ¢ I RCL 99 -00.15 T -CUP 2001 -04436 j (Res. of Int. to SE) CUP 3583 m I L 56 -57 -9 CUP 3148 CUP 1591 TRANSPORT INT'L POOL c CUP 24! N CUP 20! N 0 U RCL 99 -00 -15 ��" CUP 196 Q CUP 28 (Res. of Int. to SE) ,N Z CUP 2005 -05039 Q T -CUP 2001 -04436 U) CUP 3148 a 1 CUP 1591 Z AIRPORT COACH 12 CUP 2037 C M U 1) CUP 2058 - O 1 GENE AUTRY WAY I N ED Subject Property Date: May 1, 2006 Scale: 1"=200' RCL 99 -00.15 (Res. of Int. to SE) RCL 66 -67 -14 RCL 65 -66 -84 CUP 1670 I RCL 99 -( O -H (Res. of Int. IND. FIR RCL 66 -f CUP if IND. FIF I RCL 99 -00 -15 es. oflnt.to S CUP 1670 N� RCL 99 -00.15 Q') � I (Res. of Int. to SE) ¢ I RCL 99 -00.15 T -CUP 2001 -04436 j (Res. of Int. to SE) CUP 3583 m I L 56 -57 -9 CUP 3148 CUP 1591 TRANSPORT INT'L POOL c CUP 24! N CUP 20! N 0 U RCL 99 -00 -15 ��" CUP 196 Q CUP 28 (Res. of Int. to SE) ,N Z CUP 2005 -05039 Q T -CUP 2001 -04436 U) CUP 3148 a 1 CUP 1591 Z AIRPORT COACH 12 CUP 2037 C M U 1) CUP 2058 - O 1 GENE AUTRY WAY I N ED Subject Property Date: May 1, 2006 Scale: 1"=200' ED Subject Property Date: May 1, 2006 Scale: 1"=200' Date of Aerial Photo: July 2005 Conditional Use Permit No. 2006 -05079 ED Subject Property Date: May 1, 2006 Requested By: IDELFONSO G. MARQUEZ, JR. AND Scale: 1"=200' CHERYL Y. MARQUEZ Q.S. No. 98 1835 South Lewis Street 10028 Staff Report to the Planning Commission May 1, 2006 Item No. 7 7a. CEQA NEGATIVE DECLARATION (Motion) 7b. CONDITIONAL USE PERMIT NO. 2006 -05079 (Resolution) SITE LOCATION AND DESCRIPTION: (1) This rectangularly- shaped, 0.5 -acre property has a frontage of 117 feet on the west side of Lewis Street, a depth of 209 feet, and is located 517 feet south of the centerline of Katella Avenue (1835 South Lewis Street). REQUEST: (2) The applicant requests approval of a conditional use permit under authority of Code Section No. 18.10.030.040.0402 to permit a mortuary to cremate and embalm human remains in an existing industrial building- BACKGROUND ( This property is developed with a vacant warehouse building and is zoned I (Industrial). The Anaheim General Plan designates this property and surrounding properties for Office - High land uses. This property is located within the Platinum Triangle. (4) The following zoning action pertains to this property: (a) Variance No. 2441 (to waive (a) permitted outdoor uses and (b) required masonry wall for screening outdoor use and erect chain link fence around an outdoor industrial use and storage area) was approved by the Planning Commission November 27, 1972. Since outdoor uses are not proposed with this proposal, staff has included a condition of approval requiring termination of this permit. DEVELOPMENT PROPOSAL: (5) The applicant requests a conditional use permit to establish a mortuary to cremate and embalm human remains with accessory office uses within an existing 10,000 square foot single -story industrial warehouse building. The site plan (Exhibit No. 1) indicates the building is located on the southern portion of the property on the west side of Lewis Street. No changes to the site plan are proposed. (6) Vehicular access to the site is via a single driveway along Lewis Street. Code requires land uses without a specified parking ratio to comply with requirements determined to be reasonably necessary by the City Traffic and Transportation Manager through a parking demand study. Based upon comparable businesses in surrounding cities, the City's Independent Traffic and Parking Consultant has determined that the proposed land use would require a minimum of 13 parking spaces for weekday and weekend operations. The site plan indicates a total of 28 on -site parking spaces. Srcup2006- 05079klw. doc Page 1 Staff Report to the Planning Commission May 1, 2006 Item No. 7 (7) The floor plan (Exhibit No. 2) indicates the proposed cremation facility would occupy the entire 10,000 square foot building. The proposed business would include an 8,100 square foot area for cremation and embalming, and a 1,900 square foot area for accessory office uses for the business. The proposed facility would include two (2) furnaces, a cooler, stacking area, bathrooms, and a lounge. (8) Photographs indicate an existing one -story tilt -up concrete industrial building with a smooth plaster finish painted beige with white trim. Entryway doors for employees are located on the east side of the building along Lewis Street and roll -up doors along the north elevation facing the parking lot. No exterior modifications to the existing building and to the parking lot are proposed as part of this application. (9) The landscape plan (Exhibit No. 1) indicates the addition of three (3) Stenocarpus sinuatus, Firewall trees in the landscaped parkway along Lewis Street. One (1) tree would be planted north of the driveway and two (2) in front of the building. In addition, Code requires a minimum of six (6) on -site trees — one (1) tree for every twenty (20) linear feet of street frontage within the setback along Lewis Street, adjacent to the existing building. A condition of approval has been added to provide the required trees. The applicant is aware of this requirement and has agreed to comply with code. (10) A sign plan was not submitted with this application. The applicant has indicated that the proposed use is not open to the general public, but is merely a location for facilitating their Page 2 Staff Report to the Planning Commission May 1, 2006 Item No. 7 existing business servicing various County Coroners, funeral homes, and cremation societies in Southern California. Therefore, the applicant is not requesting any signage since advertisement for identification to the public is not necessary for their proposed business. (11) The submitted letter of operation indicates the proposed mortuary would provide cremation and embalming services for human remains. All deliveries would take place inside the building to prevent visibility to the public. The mortuary would accept deliveries inside the building by driving into the building through the existing roll -up doors closest to Lewis Street. Access into the building would be controlled via remote to operate the roll -up doors. The business would be a 24 -hour facility with three shifts and a minimum of two (2) employees per shift. ENVIRONMENTAL IMPACT ANALYSIS: (12) 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 Planning Commission that the Negative 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 (13) Code permits mortuaries in the Industrial (1) Zone subject to approval of a conditional use permit. (14) The proposed 10,000 square foot mortuary to cremate and embalm human remains requires a parking demand study to determine the required number of parking spaces. A parking study dated March 31, 2006, was prepared by the City's independent traffic and parking consultant. The parking study was conducted at two (2) sites that offered comparable services with adjustments for operational characteristics and building sizes. The maximum parking demand per this analysis would be 13 parking spaces. The site plan indicates 28 parking spaces would be provided. Therefore, the City's independent traffic and parking consultant acting on behalf of the City Traffic and Transportation Manager has determined that the number of parking spaces provided would be adequate to support the number of employees and customers for this use. Page 3 Staff Report to the Planning Commission May 1, 2006 Item No. 7 (15) The subject property is located in an area that allows a variety of industrial uses including wholesale, outdoor storage, and warehousing and distribution. Evaluation of the operational characteristics of the proposed use, finds that the proposed mortuary is similar in operational characteristics to general industrial use since the general public would not patronize the business and all operations would be conducted entirely within the existing building. In addition, the applicant has indicated that all deliveries would occur inside the building and there would be no exterior advertisement, further minimizing the visual impact to the general public. Because this particular property is not adjacent to residential uses, and the likelihood of conflict with adjacent land uses is unlikely because there would be no exterior advertisement, limited traffic for business operations, and no outdoor uses, the proposed mortuary would not adversely affect the adjoining land uses or growth and development of the surrounding properties. Therefore, staff recommends approval of the project, as conditioned in the attached draft resolution- FINDINGS (16) 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; (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; Page 4 Aerial of subject property and neighboring businesses Staff Report to the Planning Commission May 1, 2006 Item No. 7 (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. (17) 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 the staff report, and oral and written evidence presented at the public hearing, the Commission take the following actions: (a) By motion, approve the Negative Declaration for the project. (b) By resolution, approve Conditional Use Permit No. 2006 -05079 to permit a mortuary to cremate and embalm human remains in an existing industrial building by adopting the attached resolution including the findings and conditions contained herein. Page 5 [DRAFT] RESOLUTION NO. PC2006 -*'" A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2006 -05079 BE GRANTED (1835 SOUTH LEWIS STREET) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE LAND DESCRIBED IN PARCEL 2 IN THE DEED TO JACK E. RILEY AND WIFE RECORDED SEPTEMBER 13, 1956 IN BOOK 3642, PAGE 258, OFFICIAL RECORDS, SAID CORNER BEING A POINT IN THE EAST LINE OF SAID NORTHWEST QUARTER, SOUTHERLY THEREON 968.13 FEET FROM THE NORTH QUARTER CORNER OF SAID SECTION; THENCE NORTH 1° 16' 48" WEST, ALONG SAID EAST LINE, 336.50 TO THE TRUE POINT OF BEGINNING OF THE LAND HEREIN DESCRIBED; THENCE CONTINUING NORTH 1 16'48" WEST, ALONG SAID EAST LINE 116.50 FEET; THENCE SOUTH 88° 43' 12" WEST 231.77 FEET TO THE EASTERLY LINE OF THE SOUTHERN PACIFIC RAILROAD RIGHT OF WAY THENCE SOUTHERLY ALONG SAID EAST LINE 120.15 FEET TO A POINT WHICH BEARS SOUTH 88 43'12" WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 88 43' 12" WEST FROM THE TRUE POINT OF BEGINNING, THENCE NORTH 88 12' EAST 202.39 FEET TO THE TRUE POINT OF BEGINNING. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 1, 2006, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said 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 mortuary (to cremate and embalm human remains in an existing industrial building) use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section No. 18.10.030.040.0402; and 2. That the proposed mortuary would not adversely affect the adjacent land uses and the growth and development of the area in which it is located because the site is surrounded by industrially - related businesses, is not adjacent to any commercial and residential uses and the unique characteristics of the operation would result in a facility that has no exterior advertisement, limited traffic for business operations, and no outdoor uses; and 3. That the traffic generated by the mortuary would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. As demonstrated by the parking study dated March 31, 2006, the peak parking demand would be 13 parking spaces, and the site plan indicates 28 parking spaces provided; and Cr\PC2006 -0 -1- PC2006- 4. That granting this conditional use permit, under the conditions imposed, would not be detrimental to the health and safety of the citizens of the City of Anaheim; and 5. That * ** indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim Planning Commission has reviewed the proposal to permit a mortuary to cremate and embalm human remains in an existing industrial building; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: That this establishment shall be operated as a mortuary not open to the general public and limited to the cremation and embalming of human remains with accessory office uses and does not include witnessing of the process or services. If at any such time the business is no longer operated as indicated herein, a detailed description of the proposed business shall be submitted for review by the City's Traffic and Parking Consultant to determine if the new use would cause fewer off - street parking spaces to be provided than the number of spaces provided on -site. If it is determined the expected demand is greater than the spaces provided on site, an application for a variance shall be submitted to the Planning Services Division for consideration by the Planning Commission. 2. That all doors serving the facility shall conform to the requirements of the Uniform Fire Code and shall be kept closed at all times during the operation of the premises except for ingress /egress, permitted deliveries, and in cases of emergency. 3. That there shall be no outdoor storage permitted on the premises. 4. That roof - mounted equipment shall be screened from view in accordance with the requirements of Anaheim Municipal Code No. 18.38.170 pertaining to roof - mounted equipment. Said information shall be specifically shown on the plans submitted for building permits. 5. 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. 6. That the existing chain link gate shall be replaced with a decorative wrought iron gate and shall remain unlocked and open during business hours to provide vehicular and pedestrian access to required on- site parking. That said gate shall not be installed in such a manner that may adversely affect vehicular traffic on the adjacent public street. The installation of a new gate shall conform to the Engineering Standard Plan No. 475 and shall be subject to the review and approval of the City Traffic and Transportation Manager prior to issuance of a building permit. 7. That the driveway on Lewis Street shall be reconstructed to accommodate a ten (10) foot radius curb return in conformance with Engineering Department Standard No. 115. Said information shall be specifically shown on plans submitted for building permits- -2- PC2006- 8. 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. 9. That all trash generated from this facility shall be properly contained in trash bin(s) contained within the approved trash enclosure(s). The number of bins shall be adequate and the trash pick -up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property. 10. That trash storage areas shall be refurbished to the satisfaction of the Public Works Department, Streets and Sanitation Division to comply with approved plans on file with said Department. 11. 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 decorative and complementary to the architecture of the building. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval. 12. That signage for subject facility shall be prohibited. Any proposed signage shall be subject to approval by the Planning Commission as a Reports and Recommendations item. 13. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. 14. That an on -site trash truck turn around area shall be provided per Engineering Standard Detail No. 476 and shown on plans as required by the Department of Public Works, Street Sweeping and Sanitation Division. Said information shall be specifically shown on plans submitted for building permits. 15. That a Fire Emergency Listing Card, Form APD -281, shall be completed and submitted to the Police Department. The form is available at the Police Department front counter. 16. That the landscape plan shall indicate the addition of three (3) Stenocarpus sinuatus, Firewall tree, in the landscaped parkway along Lewis Street, one (1) north of the existing driveway and two (2) in front of the building and fifteen (15) feet from the utility pole. In addition, the landscape plan shall indicate the addition of six (6) 24 -inch box sized trees within the front landscaped setback along Lewis Street. Any decision made by staff regarding said plans may be appealed to the Planning Commission as a Reports and Recommendations item. Said information shall be specifically shown on plans submitted for building permits. 17. That the property owner shall submit a letter requesting termination of Variance No. 2441 (to waive (a) permitted outdoor uses and (b) required masonry wall for screening outdoor use and erect chain link fence around an outdoor industrial use and storage area) to the Zoning Division. 18. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1, 2, and 3, and as conditioned herein. 19. That prior to issuance of a building permit, or prior to commencement of the activity authorized by this resolution, or within one (1) year from the date of this resolution whichever occurs first, Condition Nos. 4, 5, 6, 7, 11, 14, 16, and 17, above mentioned shall be complied with. Extensions for further time to complete said conditions shall be granted in accordance with Section No. 18.60.170 of the Anaheim Municipal Code. 20. That prior to final zoning and building inspections, Condition Nos. 10, 15 and 18, above - mentioned, shall be complied with- -3- PC2006- 21. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Code and any other applicable City, State, and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 1, 2006. 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 May 1, 2006, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: VACANT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of , 2006. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4 PC2006- Attachment - Item No. 7 SOUTHWEST MORTUARY PARKING STUDY 1835 Lewis Street Anaheim, CA Prepared for: Prepared by: ► Rafiq & L f>ssociates, Inc. March 31, 2006 Table of Contents Section Page L Introduction 1 II. Project Location 1 III. Site Description 1 a. Existing Site 1 b. Proposed Site 1 c. Characteristics 1 IV. Site Uses 1 V. Parking Requirements 1 VI. Similar Site Survey 2 VII. Code - required parking for office portion 2 VIII. Similar Site Parking Counts 3 IX. Methodology of Study 4 X. Findings 4 XI. Recommendations and Conclusions 5 I. Introduction Southwest Mortuary is an existing firm that provides transportation services to funeral homes. A site has been chosen at 1835 Lewis Street that they wish to use as a crematorium. It is an existing 10,000 square foot single -story building, that contains 1,000 square feet of office space. There is no parking rate specified in the City of Anaheim Municipal Code for a crematorium, consequently, a parking study is required to determine the parking requirements. II. Project Location The site is 1835 Lewis Street. III. Site Description a. Existing Site The existing site contains a 10,000 square foot industrial building that includes a 1,000 SF office. b. Proposed Site The applicant wishes to re- purpose the existing building. They also wish to evaluate an propose to expand the office from 1,000 SF to 1,900 SF, within the existing building. This study will evaluate the parking needs of the two uses: 8,100 SF as a crematorium and 1,900 SF of office. C. Characteristics The site contains 28 parking spaces. There is one driveway on South Lewis that serves this site. There will be doors that open to allow vans to enter the building for pick -ups and deliveries, so that these activities do not occur outside. IV. Site Uses The site will operate 24 -hours a day, 7 -days a week. V. Parking Requirements There is no parking rate specified in the Municipal Code for this use. Surveys of similar sites have been taken, and a parking count at a site similar in nature to this site was conducted. 1 VI. Similar Site Survey The following sites were surveyed to determine how similar they were to the intended project site. A table of their characteristics is provided that summarized this survey. Based upon a phone survey, the Macera site in Santa Ana was chosen to survey because its business was limited strictly to cremations. There is no parking lot, consequently the vehicles parked in the alley and along the street were observed during a one -lay count. Crematorium Survey to select similar site Name Location Hours of Number of Amenities & services operation cases O'Connor Laguna Hills 8 AM- 70 -100 /month Chapel for 200 Mortuary lOPM 55% are Cremations and embalming cremations 4 meeting rooms 1 drawing room Loma Vista Fullerton Cemetery, mortuary, Memorial Park mausoleum, chapel Crematorium has 5 chambers (1 for witnessing) Community Whittier 8 hours 125 -150 /year Crematory Crematory M -Sat 60% are Funeral home cremations Macera Santa Ana 24 hours 400 - 500 /mo. Crematory has 4 chambers Witnesses are allowed 5,500 square feet VII. Code - required parking for office portion The following is an excerpt from the City of Anaheim Municipal Code for Non - Residential Parking requirements, Section 18.42.040 for Non - Residential Parking Requirements. .010 Parking Spaces. Non - residential off - street parking requirements for automobiles and other vehicles shall be determined by the type of use (use class) associated with the property. Table 42 -A (Non - Residential Parking Requirements) specifies the number of parking spaces for each non - residential use, regardless of the zone district in which the use is located. .0101 For uses not listed, parking requirements may be those determined to be reasonably necessary by the City Traffic and Transportation Manager. The City Traffic and Transportation Manager maUequire a parking study in order to make this determination 2 .0102 Except as expressly provided in this section, within a business unit containing more than one (1) use class, the minimum number of parking spaces shall be based on the use class with the highest parking requirement If a combination oLparking ratios applies, the number of required spaces shall be the sum total of the requirements for each type of use ¢ctnhlichod The parking rate per Section 18.42.040 of the Municipal Code states that for general offices, 4 spaces per 1,000 square feet of GFA are required for buildings of 3 stories or lower. VIII. Similar Site Parking Counts Parking counts were taken on Wednesday, March 22, 2006 at the Macera Crematorium in Santa Ana at 1920 Fuller Street. There is no parking lot, so parking was observed along the east and west side of the building. Macera Parking Stud Project # 06- 1088 -001 City: Santa Ana Day: Wednesday Location: 1020 Fuller Date: 3/22/2006 TIME EASTSIDE WESTSIDE PARKED CARS # OF PEOPLE PARKED CARS # OF PEOPLE 7:00 AM 0 0 0 0 7:15 AM 0 0 1 2 7:30 AM 1 1 0 0 7:45 AM 0 0 0 0 8:00 AM 1 1 0 0 8:15 AM 0 0 1 1 8:30 AM 1 1 0 0 8:45 AM 0 0 1 0 0 4:00 PM 0 0 0 0 4:15 PM 0 0 0 0 4:30 PM 0 0 0 0 4:45 PM 0 0 0 0 5:00 PM 0 0 0 0 5:15 PM 0 0 0 0 5:30 PM 0 0 0 0 5:45 PM 0 0 0 0 TOTALS 3 3 2 3 3 The highest parking demand at this similar site at any time was only one vehicle. The cumulative total number of vehicles observed during the day was three. IX. Methodology of Study The Southwest Mortuary desires to establish a crematorium that will have a 1,900 SF office and an 8,100 square foot crematorium. There will not be any family members allowed at this location. The parking demand for this site is based on a combination of the code - required parking for the office portion and the observed parking demand from the similar site, factored up due to unequal sizes of sites. Office Parking Eight parking spaces are required for the office (4 parking spaces /TSF X 1.9 TSF =8 spaces) per Section 18.42.040 of the Municipal Code Crematory Because the proposed site is one and one half times as large as the similar site, the parking count has been factored up. The factor is based on the ratio of the proposed site to the similar site (8,100/5,500 =1.5). Multiplying the factor 1.5 by the 3 parking spaces observed, results in 4.5 spaces. This is rounded up to 5 parking spaces. In summary, the Southwest Mortuary would need a minimum of thirteen parking spaces onsite: eight parking spaces for the 1,900 SF office and five parking spaces for the 8,100 square foot crematorium. Based on the site plan provided, there are 28 spaces provided. This will accommodate the anticipated parking demand, with a surplus of 15 parking spaces. X. Findings Finding Number .0101 That 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 ofsuch use. Southwest Mortuary will provide adequate parking onsite for its intended use. Finding Number .0102 That 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. Southwest Mortuary will provide adequate parking onsite, and no on- street parking is anticipated for this use. lq Finding Number .0103 That 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) Southwest Mortuary will provide adequate parking onsite, and no overflow parking is anticipated to occur upon adjacent private property. Finding Number .0104 That 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. Southwest Mortuary will provide sufficient parking onsite, and no increased congestions is anticipated along South Lewis Street. Finding Number .0105 That 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. Southwest Mortuary will provide adequate parking within the onsite parking lot, and the vehicles exiting and entering the site will not impede vehicular ingress to or egress from adjacent properties. X1. Recommendations and Conclusions The proposed crematorium site at the Southwest Mortuary at 1835 Lewis Street contains 28 parking spaces. This is adequate to accommodate the anticipated parking demand of 13 parking spaces if the site operates as stated, and no family members are allowed to enter the site. If this policy changes, and family members are allowed into the site for witnessing, additional parking spaces may be required. It is our understanding that a condition will be placed on the project, that a new parking study will be required if the site becomes open to family members or if additional services will be provided. ITEM NO. 7 Southwest Mortuary Services, Inc. March 1, 2006 CITY OF ANAHEIM Planning Department Planning Services Division 200 S. Anaheim Blvd. Anaheim, CA 92805 Re: LETTER OF OPERATION: Southwest Mortuary Services, Inc. 1835 S. Lewis St. Anaheim, CA 92805 Dear Planning Department: 1. Complete description of proposed use. Southwest Mortuary Services, Inc, has been a family owned and operated business proudly serving the residents and the funeral community in Los Angeles, Orange, Riverside, San Bernardino and San Diego Counties for over 30 years. One of our many services includes doing the removals (removing the deceased from the place of death) for the above mentioned County Coroners offices, as well as the removals for dozens of funeral homes and cremation societies throughout Southern California. We recently purchased the building at 1835 S. Lewis Street with the intent to expand our business by being able to better serve our business partners. To accomplish this we need to offer the following services: a. Cremate human remains b. Embalm human remains Our proposed use includes installing two "retorts" (cremation chambers) and one "Prop room" that allows us to prepare /embalm the deceased for either viewing and/or in some cases, (when the deceased is to return to a far-away home) extended travel. 2. Days and hours of operation. Do to the nature of our business, we staff our offices and make deliveries 24171365. 3. Numberof employees per shift. We have three daily shifts of 8 hours each. We have a minimum oft employees per shift, Toll Free (888) 993-2555 counly'l b Z00 /L0012 We NO. M Gnt goolt/Zo/E0 Southwest Mortuary Services, Inc. I'YI n•'' rli'. ,. •�1'h'1 l'.I I'' II'ill�!K,tii: V.' 1G }OSll {Q�'I�i,CMt]�C@';'ri',:: ilrJi'l l "••':i M -1 r � � � •�,." ... "i •.li: I I'. � !I I± .. q I'•I'v � �!'� , I Ivy, n.!•; '.,•: I. �. i �,n . Deliveries: The way the building is set up, the driver would drive into the warehouse through the roll - up door closest to Lewis St (East door). All drivers will be able to open and close the warehouse roll -up doors via remote control. Upon entering the building, the driver will immediately close the door behind him. The driver would then park the van very close to cooler door, where the transfer from the van to the cooler would take place. After the transfer is complete, the driver would open, via remote control the warehouse door closest to the train tracks (West door) to exit the building. There will never, ever, under any circumstance be a situation were our business neighbors or any member of the general public would ever see anything inside our building that would indicate the nature of our business. In the event an individual were standing at the East roll -up door as it opened, the person would see either a blank wall, or possibly the back of a few personal cars of some of the employees_ It currently takes 14 vans to accommodate our business needs. When not in use, the vans are parked towards the rear of the building, closet to the train tracks. Deliveries will be made 24/71365. Use of building space: Currently, our building is approximately 10,000 square feet with a little over a 1,000 square feet of office space built into it. In the near future, our intentions are to add at least another 1,000 square feet of office space. The way the building is designed, meaning the way our vans will need to enter the building at the east door and exit through the west door, almost half the building will be used as a driveway for the deliveries_ With the existing offices, planned offices, the cooler and the "prep" room, along with the two retorts the building will be near it's capacity. Signage: The only signage that will ever be on our building will be our address numbers. No other signage will ever be posted on the building. Thank you for your time and consideration. Sincerely, Southwest Mortuary Services, Inc. ,::Q Idelfonso Marquez, Jr. President Toll Free (888) 993 -2555 'li ;I '} ' :L p'i ��. 'tlf • r S ff }i! �i ,',. �•T� ' Xt' � t �' n q . ,.!I i'�' L l n i' "' ' 'il ' I : L, • i ! ; .1 J7 X71 Q„ �pyn.9 " riverside C'n�rkr,I +, n • '� , „ nl,Qs� s �d;9�' I� �� ' •' i ,�. �, �� � „ ..,' �,• b�gq;�3c�i'ti[rrp'i1:n: !'.!'.,, � •• trdtenw" ,. , ; ; � � ��.'�' � � ,.I ,,,�, .. .�•.''.'�, 1; CUP Na, t,o m 0 5 0, zoo /zoom xej so:st soot /zo/eo ITEM NO. 7 02/27/00 MON 14:18 FAX 5027770025 AMERICAN CREMATORY EQUIP FA 001 OV- 70/2003' 11 :02 DIr45554B0 NOR - CAL CREMATORY PAGE 01 :advanced Air Te stigg, L Eiayw ara, c ,�,.(sla 7a} 5.203p Compliance Source Emissions 'hest Roaport $ubmitte$ Ta: Nor -Cal Crematory Sacramento, CA Subject: Particulate (PM) Emissions Source Test Results Reference: Sacramento Metropolitan AQMD A/C #16870 Source(s): American Cremation Chamber Model A-200 HT Test Date(s): May 28, 2003 Submitted: July 21, 2003 Submitted By: Advanced Air Testing, LLC 23588 Connecticut Street Bldg 01 Hayward, CA 94545 (510) "S—"N FAX (510) 785.2039 Email- airtest@pacbell.net al ;a 02/27/06 MON 14:18 FAX 5627770025 AMERICAN CREMATORY EQUIP 1?j 002 07/39/2003 11:02 9164555486 NOR -CAL CREMATORY PAGE 02 Advanced Air Testing L,L,C Building # 1 ect,aui Strout �S Gia 1arJrSaecsErrt anTeftPAFEaxuxsTesN Hayward, Californl a 94546 (510) 785 (510) 785 -2039 Fm Rma11: airtqst o July 21, 2003 Nor -Cal Crematory 6231 Alpine Ave, Suite 8 Sacramento, CA 95826 Attn.: Mr, Craig Strunk Subject: Compliance PM emissions test report of the American Cremation Chamber, Modnl A - 200 HT, owned and operated by Nor -Cal Crematory Jocatod at the address referen.ccd above. The test objects rr. is to demonstrate compliance with. the Rules and particulate matter limitation Condition No_ 6, as set forth by the Sacramento Metropolitan Air Quality Management District (SMAQMD) Authority To Construct (amendec ):: A/C No.: 16870. Test Date(* MAY ?N, 2003 Sampling Location. Sampling was conducted at the exhaust stack sampling port loeate:f approximately —2 diameters upstream and >6 diameters downstream from the nearest flow disturbance. Teat Results. Particulate emissions test results are contained in Table #1 following this tt:x €. The compliance parameter(s) and their tespocted limit(s) are summarized below: Emitted rM Concentration A verage District Limiit� PM, jr 1)SCF corr. to 12% CO2 0.031 I SD. Comments: All PM emissions are assumed to be ?MID, The incinerator source test results demonstrate compliance with A/C•conditioits and meet District requirements for particulate matter emissions. Particulate matter test QA /QC includes porforming leak checks of the sampling system to the : nd of the sampling nozzle before aad after each test run, leak checking the Pilot tubes and checking 'for cyclar:ic. flows in. the duct before starting the lest. All of these method error analyses were co'nduclad within the method : Ilowablc limits. The crematory chamber was preheated and maintained to a minimum ternperatu.re of A least 1600 F prior t0, and for the duration of the incinerator source test program. Sampling Personnel: Jeff Meslob and Burt Kusich of Advanced Air Testing LLC (AAT) performed the samptin.g program. Observing Personnel: Ady Santos of the Sacramento Metropolitan AQMD was present to ol:servc during the test program. Process Description: Nor-Cal Crematory operates a 26 square foot hearth; natural gas fired, .American Cremation Chamber, Model #A- 200 -UT crematory for the incineration process of deceased human ranains at the above refcrcnced crematory facility Located in Sacramento, CA. For fvrther erematcry process description., please rcfcr to the Authority To Construct (A /C) appended to this report. r�intuw�mam v1.r.t.o.m�rt�n+�r�.i . 02/27/06 RON 14:19 FAX 5627770025 AMERICAN CREMATORY EQUIP Q003 87/38/28B3 11:82 9164555488 NOR -CAL CREMATORY PAGE 03 Test Program: Triplicate 60- minute test runs for particulate matter (PM) were performed at :hr, exhaust stack of the crematory referenced above. Also for each test the percentage of Oxygen (02) and Dioxi Carbon (CO2) in the stream was measured using Tedlar bags, EPA Method 3A and 18. Eaclt sample train was recovered on site and placed in uniquely labeled containers_ The swripics were rcturncd to AAT and analyzed according w CARB Method 5. The integrated bag samples collected for each run were analyzed for CO2 and Oz using coutinuous emission monitors (CEM)_ ' All filter media acrd post - test sample fractions were stabilized (0.5mg) and weighed in tripliaitc to the nearest 0.1 tog on an American Scieutifte Product Model 182 balance. The back -half fractions (impir.;;ers containing de- ionized water and Mika gel) Were measured for moisture, organic and inorganic particulates. Lab results and lab sample data sheets are contained in section (B), Laboratory Reports, appended to this report. Sampling Methods: The fallowing soutce test. methods were used; CARE Method 5 Particulate Matter Determination (Including E 11, condensabtes) GARB Method 3A Molecular Weight, OY and CO2 Concentratiolr EPA Method 18 Tedlar bag for CO2 &. 02 Analysis CARB Methods 1, 2 & 4 Volumetric Flow Rate and Moisture Equipment: The following sampling equipment was used: RAC Method 5- Meter Module TW 42s Scientific Calculator with BASIC Isokinetic Program T{ -Type Thermocouple with Beckman Industrial HD 110 T Readout Advanced Air Testing CARE M - Umbilical, Inconel Probe, and glass Impinger Set 90mm Filters and glass holders Air -guide Compensated Barometer Summit CO2 Analyzer and Siemens 02 Analyzer Appendices: Calculations (A), Laboratory Report (B), Field Data Sheets (C), QA/QC Ec aipment Calibration sheets (A), Sampling System Diagram(s) (E), Scum, Test Plan (F) and Permit To Operatr, or Autbority To Construct (0), are appended to this report. The details and results contained within this report are to the best of AAT's knowledge an at. thentic and accurate repres✓'otation of the test program. If this report is submitted for Compliance purposes, it should only be reproduced in its entirety. If thvo are any questions concerning this .report, or if Advanced Air Testing, LLC can'be of far Sher service, please contact Dan Canner or Tammi L. Kelly at (510) 785 -2030. i Submitted by, Re i ed by, Dan Cartner Tammi L. Kelly Sr. ProjoctManager Operations Manager C�ygpyq,ry'�ylylNhmlm „MN.I<,�7n1a9+ , 02/27/09 MON 14:19 FAX 5627770025 AMERICAN CREMATORY EQUIP 0 004 07/30/2003 11:02 91645554138 NOR -CAL CREMATORY PAGE 64 ADVANCED AIR TESTING, LLC RAYWA", "'A (5113) 755 -2030 TABLE #11 Particuilote Emission. Results Nor -Cat Crematory Cremation Chamber A!C #16870 ICON4 1 2 3 AV1:l3A.G7, T.IhirrS TEST DATE 05/28/03 05/28/03 05/28/0;1 TEST TlNfJ3 1010 -1118 1252.1357 1540 -1646 SAWL.E VOLUME SCF) 28.953 25,242 26.445 XSCIICINL'TIC % ion 96 93 )6 DUCT TEMPERATURE ff) 1130.3 1 1134.0 1126.0 1 11 30.1 VELOCITY fr/sec 20.5 185 19.4 9.4 GAS FLOW RATE (ACM 2,552 2,298 2,408 2.. M1zo GAS PLOW BATE 29CFK 754 681 735 23 H (Volulrte %) 11.7 11,1 8.9 (1,6 0 (volt== %) 12.6 13.8 14,3 1 i CO (volume %) 5,80 4.90 420 57 F.H, Partiailate Conc. r/ASCF ) 0.0038 0.0094 0.0193 0'.)108 F.Xd. Particulate.Enrissions Lhs/1u 0.0244 0.0546 0.1213 0.1668 0r anic Condexlsiblc Canc, /DSC 0.0003 0.0003 0.0003 6,)003 Organic Candensiblc Ettussiuns (LboN 0.0017 0.0018 0.0018 0,)01.8 Inorganic Condensible Conc. /DS 0.0015 0.0004 0.0005 0,)008 Iooi aaic Condensible Emissions LLW /hr) o.oloo 010021 0.0029 0.)050 Total PM Conc. r/DSCF 11.0056 0.0100 0.0200 0. )119 Total PTV[ Conc. (gr/DSCF) Q 12% CO o.ol)6 0.0246 0.0572 0,61 0.1 Total FM Emissions (Lbs/hr) 0.0361 0.0585 1 0.1261 1 0. )736 DSCF = Sample Vokuue in 1h9 Standard Cubic Feet H volume "1. = Stack gas pert! tut water vapor DSCFM- DLyStandardCebirFcctpc+'Minuto gr1DSCF= Pardculateeonc4rMN .ioningrainsperD ACPM Actual Cubic Fed.per Min= F.H_ Particulate = Fmnt Half or zltexable Patticutatc PM = Particulate Mattct organic Pgrti'miate = Candmsibin organic Patticmaw (solvent extract) in the 13ank4Wf Inorganic PartiCdate = Condensible In°rgamc Particulate (Acirls dt Sulfates) in the Back-Hatf CALCULATIONS Lbs/hr Emission rate = 0,00857 * gir/DSCF * DSCF.M. Correction to 12% CO, = gr/.DSCF * 12 / CO2% J' 02/27/06 MON 14:20 FAX 5627770025 AMERICAN CREMATORY EQUIP 07/90/2003 11:02 9164555499 NOR--:AL. CPF- MATORY Standard Abbreviations for Reports V005 FACE 07 unit Abbreviation Unit Abbreviation billion NSAPCD - Northern Srmerna 68 1? µg . Brake horsepower bhp milligram mg Brake horsepower hour bhp -hr milliliter nd British'Tbermal Unit pBw million MM capttae efficiency CE rainute Inin destructionefficicnoy DE Nivicu larWeight M Dry Standard Cubic Feet DSCF nanogram ng Dry Standard Cubic Feet par Nfinute DSCFM Parts per Billion ppb Dry Standattl Cubic Meter, DSCM Puts per Million PPM Dry Standard Cubic Mega per Minute DSCMM pennyweight per firkin pw /fkn grains per dry standard cubic foot sr/DSCF pound lb grain g pounds per hour lbs/hr ,grants per Brakc horsepower hour LVbbp -hr pounds per million Btu 11ssRv[ivlBtu kilowatt kW second Sao liter 1 Specific Volurne, felib -Mr ,a SV Megawatts MW Thousand k MCbC;r m Watt W Common Conversions / Calculations / Constants 1 gram = 15.432 grains 1 pound = 7000 grain, grams per pound = 453.6 bhp =1.344 * Engine kW, (whom po gitte kW — Generator kW output / 0.95) Q 95°1 aiifciency Wbhp- hr— lbsllu * 453.61 bhp 2.59 &9 = Conversion factor far ppm to lbs /scf; EPA 40CM60.45 dwf / MhiMTU = 6710 for NaOuai gas; EPA Method 19 BtWfV =1040 far Natural Cass; EPA Malhod 19 lb/hr PjrL Emission Rate = 0.00857 • gx /dscf * dsr*h IPA Method 5 Ibs/hr =ppm l5V x dscfin x M * 60; CARD Mothod 100; where SV b 38SE @ 68 or w 379V t"7r, 60°F. Cormerimt to 12% CO - gr /dscf • 12%a / stack C01Yo, EPA Method S Cotrection to 3 /a C x — ppm * 17.91.(20.9- stack 02 %); CARD Method 100 Correction to 15 % 0 a ppm * 5.91(203 - stack 02 %): CARD Method 100 dacfai= Ciao Fd * MMBtolmin * 20,91(20.9 - stack 02 `A); EPA Method 19 IhaAN Btd= Fd • M * ppm * 2.598 -9 * 20.9 / (20.9 - 9taak 0 T.); EPA Method 19 ,n, _ •Iwelo�W\•••J Ann..mMl•1tnIIN_A AT Ar.dIR1mml Standard Temperatures by District EPA 68 OF NSAPCD - Northern Srmerna 68 1? CA" 69 Of PCAPCD . Plamr 68 T BAAQUD -13ay Axes 70T swr-APCD - San Luis Obinpn 60 17 SMAPCf1- San Joaquin 60 `P SMAQMD - 9e0arutoto 68 "N do thou SCAQ,NW - South Coast 60 IF SCAQMD - Shasta County GS 7F M$UAPCD - MoukxrY Bay 60 OF YSAPCD - Yolo- Solano 60 IF ,n, _ •Iwelo�W\•••J Ann..mMl•1tnIIN_A AT Ar.dIR1mml 02/27/06 MON 14:20 FAX 5627770025 AMERICAN CREMATORY EQUIP 0006 07130/2003 11:eZ '9164555409 NCR -COL CREMATORY PAGE 99 ADVANCED AIR TF,STING, LLC Horomdric Pnaa.,P Static Pia HAV WAUp, C (s in) 1 FW n30 30,02 -0 PARITCULATE XMISSION CALCULATIONS -- E'O - ' F H'D '�- Pt inc6�s FACILITY: Nor -Cal CrcMg= DATE: SrW03 METER HOy NO.: RAC 7 UNIT: TIME: 1 010.1118 YROHE NO.: Inn Permit Number. A/C #16970 TVST NO.: 7- NOZZLE KQ.: 44 srne4 DiamHr 7013 9,..0., ".. -t Ti. nr P'rtnt Factny C Gas VnlUmo(VmJ.B= (Tue }•Vm Yff (Py +AH713.G) /((T +qGO) "29.92)= 0,8 Motor Tanp., Tm "F 106.1 �. T_w tal H,D Cond d3 'V�, 81.0 Horomdric Pnaa.,P Static Pia "Hg "H 30,02 -0 MelerPrem = A4 .. _ X ' ­ ' d -- Stack A rca,A, Nezalcllic - 6" -- E'O - ' F H'D '�- Pt inc6�s 0.8 O.ZOS 2,074 _ 0,494 Tote) F .H. Parrieuln e, B .fI. Or�nicn, H.H. Inorganics, _ - -- -- mF m5 - m6 7,1 0.5 2.9 Stack Ptsaawrc, P "Hg 30.02 Stack Ta p.. T 'F 1130.3 Stank O3 ! % _ 12.6 Semple Tim mina 60 .0 1•Sekr Facb= Yd 0.99 10_ Stook Gaff CO Stack Gen N, g; •.h S.80 81.6 T,a 70 Samplo Volume, V 31.043 A) Gas VnlUmo(VmJ.B= (Tue }•Vm Yff (Py +AH713.G) /((T +qGO) "29.92)= 2B.953 DSCF H) Volume H 0 evl lactad( V ) =&.914813.5 3.827' SCP C) Total Sample Volumn M) (V +(VAd= 32.780 qCP D) Moistpm Comml(IAH 100'(V l lV,) 11.7 47 Stack Gar VClomW (Va) - SSASI C, 4(4P) (P +460 /MW, PJ w 20,511 'R/floc 17 Stack Gan Mok.ular Wt ,=((COi7b +OaYa•0.3Z +Ns".fi" 018 )(1- H'Ovd100))+18(Hpm (10)= 25.097 g/g -mole G) •/a lsokinatic( n- 91az• Sx( V +460y((D „�(6)fP,J(V,J(T 100 7'n 11) ACFM =(VXA,)60 = 2,552 ACFM 1) Smek Ono Vol. Flow Rah, DSCCM=(Va(A KGO)1(T +460)J(p.)[I- %H "2,005 = 754 DSCFM .f) F.H. Particolme CancentrAGmt (gr /DSCF)= mg/Vmstd • 0.01543 = 0.0038 eD9CF Iq F- K.7miiculatc Emission Ratc -0 ,00857 "gr /DSCF•DSCFM- D.024 Lbr/hr L) D.H. Organics Conem"rion(gt)DSM m /(V",) 4 0.01543= 0.0003 gr/DSCF NI) B.H. Otguni= Emission Rate ° 0.00857 • gr/DSCF " DSCF# = 0.002 Lbsdir N) H.H. luorlmnic Cvnoonindon (gdD8CF) - mW(V.a).n " D.D 1543 = 0.00113 gr/OSCF 0) D.H. Inorganic EmissirmRa lc= 0.00857!gd08CF 0,010 Lb-Air P) Tot - Particulao Concentration (gr /dsct)= mg/(V 0.01543= 0.0050 gr /DSCF Q) Tot. PartieUlata Co»emtratim M I2 %n CO,) =gfjQSCF c 12 / CC,%= 0.011( gr/DSCF R) Tc4 Particulate Emission Ratc =0,00857 "gr/0SCF +DSCFM- 9.035 Lbs/hr 02/27/06 MON 14:20 FAX 5627770025 AMERICAN CREMATORY EQUIP R7r.9arzaas 11:112 y764bb5498 NOR -CAL CREMATORY 0007 PAGE 09 ADVA AIR TEST11V6, LLC Flay W Attn, CA (0110 7X5 -ZWu PATUICULATF, F112TS5ION CALCULAMNS FACUXrY: Nor•C=J, Crmnawry DATE: 5128103 MISTER BOX No.: RAC `/ UNIT: Cremation Chamber TIME: 1252 1252 - 135 _PRONE NO,; Inc CONDITION: A/C #16870 TEST NO.: 2 NOZZLE NO: 44 Stick Orome - 19.5 n........._t. r.a nri eitot Fac C Gav Volume( V Ma -( 1'+ qb0) aV Y3 •(P " +Aplt3.4)1((T 0.840 Meta Temp.,T °F .. 1)11,0 T otalB" Candang V ¢7.0 parametric Prsss., P. Sta Presau rnnm "Hg a A a O 30,02 7 0.04 Meter Press -,AH n H�O Avenge d�P, ^J "H — 0. 6 0.187 Taca.1 P.H. Pa rticulol •.,m EL E.IT, O; nni=x, _ _ 15.3 0.5 Stack Pr P, "Hg 30,02 Smck Area, A, Ft LL 2,074 _ H.H. Inorganics, mg - 0.6 Stack Temp., T. °P 1134,0 Ntvezle Die., D ^ la dles 11.49 Stark Can Oy� -- - % •- 13-8 S Xmplc Tim.O miss 60.0 Meta Fa Y 0.002 LbWhr 0.9910 stock Can C4 N • 4 -90 Sal. Tmn " °F r, '10 S.mptt Vatumc, V .' 27.20 Pt 27.262 — stack Qas N, g5 gl,} A) Gav Volume( V Ma -( 1'+ qb0) aV Y3 •(P " +Aplt3.4)1((T 25.242 D5CF B) � Volume H 2 O ectlecred (V,,.). 8,9148E- 5 *(T„ +460 *V ) w= 3.166 SCF Cl I Total Sample Volumc(VJld (V Jaa +(Y ")na= 28407 SCF D) MoaWmCont- nt(%H1O)- IpO *(Y /CYJ 11 -1 % R) Stank Can Vclacity(VA) - 8509 C 4(AP)(T, +46011AW, PJm 18.469 Ws= F) Stack Gas Molecular WL= ((COs%N?.44+0a%n *0.32 +Nt % *0. 28)(1- H /l 00))+lS(1110 .7R.073 glg -male G) %lsokinctic( 9142. 88( V,)( T +460)!((De)(OKp,)(YO(Tga+4(0))° 96 % H) ACFM= CVrxAJ 2,298 ACFM 1) Stack Gas Vol- FIcW Rate, DSCFM=( V,)( A, HI TNa' 1 ` 46h)!( T,+b60))(P,1(I- YH 681 DSCrwm J) F -H. Particulateebneenfmtien (g103CF) ^mg/Vmatd "0.41543- 0.0094 BrfDSCF 1 Q F.H. Paticulate Eminion Rstc = 0.00857 * 8r1DSC'F • DSCPM = 0.055 I.6slhr 1.) 0.0003 gr /DSCF W 341. Orppnics Emission Rat-= 0.00457`g /DSCF *OSCFM = 0.002 LbWhr N) 6. H.I norganicCencmttmtion (gr /DSCP)= mg/(V c , ),,,ao.a1$43= 0 -0004 gr/Dsu 0) B.H. Inarpphin Emission Ram - 0.00857 *srtoSCF *DSCFM - 0 -002 LbWhr P) Tar. Paniculam ConML19ion (gr /dcot) = mg/(V „a' 0 -01543 - 0.0100 grIDSCF 0) Tot Particulate Coaemmion( @12 %CC gr/DSCF *12 /cc, %- 0.0246 grIDSCF R) Tot. Particulate Emission Rak- 0.00857 * g /DSCF' DSCFM = 01059 Ghg1(1r 02/27/06 MON 14:21 FAX 5627770025 AMERICAN CREMATORY EQUIP Z008 07/ "30/2003 11:02 91645556ES NOR -CAL CREMATORY PAGE 10 ADVANCED AIR TESTING, LLC : WAYWARD, CA (510) 195 -10.10 PARUCULATE EINSSSIDN CALCULATIONS FACILITY: Nor -G.1 Cmnsmry DATE: 5/28107 METkRB07f NO -: RAC7 UNIT: CreaWim Chamba TIME; 1540 -1646 PR0,BBW0'; In0 CONDITMN: A/C %16870 TEST NO.: 3 NDz7LENo,: 44 _ 11 0,7 t 4 mg TPex,mne4[ 1M. BK Pilot Facw,C (in; Volumo(V -(T. , "V *yd "(Fs +AH/)3,6�((T +460)«29.92)= 0.840 MotcrT OF 11S.1 To m1B()rondcrow.3 _V Z .O B.M. -He Press,P "Hg 7n.0 Meter Pnas.. AH _ 11 0,7 Toral F,H�Fatticulm.. _ mg 33.1) Stac Pre ssure, Paw' H 0 .0.04 W 6 , 'Ni 0 .fW B.H Orga nics, mg 0.5 8 teck Prmum, F , "Hg 70.02 Sm Arc-, A, Fes 2A74 S. H, Tnorgonics, - rn 0.8 Stack Temp „T. •P 1126 -0 Noa¢le Die., 0.494 -��% Slac G sa Qs _ _ ._ 0,0193 14.3 Sample Tlma,O Std. T= rrp•, mine T 60.0 70 Meta Pa otor, Y4 8amplo Volamo, V _ 0.9910 F 28.811 stack 0s. CO Smck GanN % % 4.20 81,5 A) (in; Volumo(V -(T. , "V *yd "(Fs +AH/)3,6�((T +460)«29.92)= 26.445 175CF s) VolumaH (V.) =8.9SdAE- S- (T„aMGO) Z,599 SCF C) Total Sample Volumo(V,) (V -M)ma 1 " 29.044 SCF D) Moisture Cuntcnt (%H40) = 100 ` (v.) t (VJne- 2_9 % E) Stack Gas Velocity (VS) = 85.49 C 4(AP)(T, +4WMW, F,)= 19.351. tt/sec F) Stack Gm Molecular Wt = 00)= 88,298 dgK ol- G) %Iaokineae(1)- 914Z.8g(VXT,+ 460 )1((D, -ai- 060)) 95 Y 1O ACFM= (v.)(A.)60= 2,408 ACFM 1) Stack Gat Vol. Flow Rate, DSCFM 73S DSCFM d) F.1:1• Particulate Conornbation (gr/DSCF) = mWVmstd 4 0.01543 F 0,0193 gr/DSCF 1q F.H. PartioulareEmission Rom 0.00057• gr1DSCF a DSCFM= OAZl Ll'aAlr L) B.H. Organics Cunaeatra(ion (gr/DSCN) ° IM91M Id - 0.0 = 0.00D3 gnU6Cr M) B.H. Organics Emission RAtc= 0.00857" grtOSCF' DSCFrvr 0.0D2 Lbsthr 14) B,H. Inarganio Cunccnwsiaa(gr1D5CF)= mW(V "0.01543= 0.0605 gross O) P.H. Enor$anic Smisaiem Raw= 0.00857•" 9r/D5CF` DSCFM ° 003 LbsAir 1 Tcf. Particulate Conemmation(gr /dsef)= m8/(V O.D200 gUASCP 0) Tot. Panicularc Concrntration (Q 12 %CD ,) - grIDSCFa 12 /C0 0.0572 gr /D9CF R) Tat. Perticelatc Eml"ioa Rate = 0,00857 At/DS" t DSCFM° 0.126 Lb4lhr , 02/27/06 MON 14:21 FAX 5627770025 AMERICAN CREMATORY EQUIP pj 07/30,'2003 11:62 9164555488 NOR. -CAL CREMATORY 009 PAGE 12 Advanced Air Testing, LLC Hagvcard CI1. ( 510) 785 -t03fl Analytical Report Particulate Emissions Laboratory Results Job Name: Nor -Cal Ctemawry Snyrcee Cremation Chamber Sample Date! 5/28103 Aoalyat: Tammi Kelly Lab Jri Number Sample ml A3lgvtrt tat Net Weight gin m Blank Correction �ot. Sample w m R1 M5 (Pmbe/Nozzic rinse) 56.0m1 56.0m1 2,7mg 0 .0mg 2.7mg RIMS (Filter) WA N/A 4.7n,g 0.3mg 4.4mg R1M5 (FI20 traction) 274,Om1 274,Om1 Urng O.lmg 2.9mg R1M5 (Organic fixation) 274,Oml 274Am1 O ling O.lrog 0.5mg It2M5 (Pmbc/Nozale rinse) 65.0tn1 65.0ml 33mg 0.0mg 3.3mg R2M5 (Fitter) N/A NIA 12,3mg 0,30g 12.Omg R2M5 (H20 $fiction) 264,0m1 264,0zr1l 0.7mmg 0.1 mg 0.6mr R2M5 ( Organic fraction) 264.Om1 264,Om1 O.Img O.Img 0.5mg R3M5 (Probe/Nozzle rinse) 71.0ml 71.Otot 25.Img O.Omg 25.1mg R3M5 (Filter) NIA N/A 8.2mg 0.3mg 7,9Mg R3M5 (H20 fraction) 254.Om1 254.Om1 0,9mg 0.1mg 0.8mg k3M5 (Organic fraction) 254.0m1 254.0m1 O,Otng O.Img 0.5mg R4MS (Acetone blank) SO.OmI 50.0m1 0.0mg R4M5 (Filter blank) NIA NIA 0,3mg R4M5 (11I H2O hlank),(Mb1420) 2OO.Oml 200.0,711 O.lmg RW5 (Meth. Chlor. blank),(Mborg) 150.0m1 150.0m1 0,11ng Comments: Calculationst Blank coiteeled Probe/Noezic rinse -Net weigbi • ((anctano blank wtd(vol. gctone 61ank) +vol, ncemne catch) Total Sample wt. lip Boehm -Net vrt.H sample volue,t tM /Aliquaf volartw m0- Mhli Total Sample wt. Organic!ra=tion =nee wt Organic Iraeliana(Toid sample voluouaAliquol volume ml )-M6,, %Aeotgne raaidue w (Nct weight Loin mg) /(benaity of aoelone rig/ml • Total sample volume ml)• 100 %DI Water t = (Ntt weight gain mly(DmSity gfwata mpfml • Tmal sample valnme Mir l00 %rdetb. Chl0r1 -1- caidua = (Net weight On tnel(pcesA(Y otMelh. Chloride mghrl *Total extraction valnme m()•I oil Tolerance J.inaitsc 'A ncotene mid0e =0.061 % wt. +/ DI Water residue - 0.00 I% wt A Meth. Chloride mgidce = 0.001% ` wt. Porticnlam weight - NA of net Wt, a l(.5 ms or 19.05 mg depn4ing upon pre isinn Item No. Pa¢elA GLENOAKSAVENUE RM3 3L 2006-001]6 -L2 001 -00045 m ]L 2000 -0002] m VAR 3823 2 F 6 RMd RCL601 -B6 S CUP 219 VAR 1356 1 RCL 53-5119 ANAHEIM UNION HICH SCHOOL DISTRICT RCL53 -5119 TLUP2001-06374 rcuP ZOOo-oazl6 ART D11] ST. THOMAS KOREAN CATHOLIC CENTER q s tiut T 5 qN RC &52 COP 2]4 F� i FF II OFFICE RMd -v qY RCL 61652 RN4 RMd RCL 5B -5981 VAR2W1 CUP 3]95 ��- RCL 69]0 -06 VAR 2111 q CUP 1643 PEARL STREET LWJJJ VAR 32936 VAR 6210 p C RMd m COMMQ3CEPgRK SMALL IND. FIRMS VAR 2652 yqR 166] RCL]i -]2 -19 1 RCL 53-5119 ANAHEIM UNION HICH SCHOOL DISTRICT RCL53 -5119 TLUP2001-06374 rcuP ZOOo-oazl6 ART D11] ST. THOMAS KOREAN CATHOLIC CENTER q - tiut U BDO I BOO 4D0 5 GRAMERCVAVE RC &52 COP 2]4 100 EACH GH i VAR2665 OFFICE RMd TDWNHOMES p - RN4 RMd RCL 5B -5981 VAR2W1 ��- RCL 69]0 -06 VAR 2111 q RCL 5] -58-69 �"� BDO BDO BDU 4DU PEARL STREET LWJJJ APARTMENTS VAR 2100 p C RMd m RCL 5659 -88 RCL 9 -5849 a VAR 2652 yqR 166] SDO BDO BDO 4DU 16 D0 14 DO GLENCRESTAVE RCL2006U01]6 R Rd -8d9 VAR 3266 VAR 1192 U T9 8 D BDO 8 D 1600 id DO CUP914 CRESCENT AVENUE U 61a CUP4]0 RM3 CUP 1253 Pafcel B I U RS2 VAR3082 1 DU EPCH RCL2DX 001]6 W (C RCL 2oovo0— RMd ARTS. RCL ]1 -02 -3B 0 H VAR 174]S VAR 17245 RCL 7172-11 Z RS2 VAR 2366 Q 1 DU EACH — APARTMENTS CH iDU � 2]00 VAR 226] D S i VACANT 40 DU SqN w `ADreFLPL RIA4 f j� DIAMOND ST OCT 711532 J 1 RCL 53-5119 ANAHEIM UNION HICH SCHOOL DISTRICT RCL53 -5119 TLUP2001-06374 rcuP ZOOo-oazl6 ART D11] ST. THOMAS KOREAN CATHOLIC CENTER q RM-3 w GU P3338 100 EACH GH i _ OFFICE RM-0 p - ��- RCL6 &70.01 PEARL STREET VAR 2100 p C VAR 2652 C -G CNIDI 115 DU RCL2006U01]6 RCL 89- -9042 RCL 6364J0 iGU EACH 3GU iGU EACH U T9 CUP914 U CUP4]0 RM3 VAR3082 RM VAR 1873 S RMd ARTS. VAR 174]S VAR 17245 RCL 63E4-30 ?M' VARY ARARTMENTS 4T U — APARTMENTS CH iDU � 2]00 D S i 40 DU TL RMd RIA4 f j� DIAMOND ST OCT 711532 J s VAR2700 ARTS R M-0 RM-0 If RMd —� ]]DU �� APARTMENTS o w iGU EACH' 5 O 446 VAR 3836 1800 a > Q HYRApRPok6"A' aQ 16 ou � R�ENUE z WILSHI� 0 w I TL C v c� 1 �-.p y s A s o VACANT I s l P I s"!� vrc AVENUE CUP3 LINCOLN Reclassification No. 2006 -00176 Requested By: Anaheim Redevelopment Agency ED Subject Property Date: May 1, 2006 Scale: Graphic Q.S. No. 38, 46, 62 =z Date ofAerial Photo: Ju IV 2005 Reclassification No. 2006 -00176 Requested By: Anaheim Redevelopment Agency ED Subject Property Date: May 1, 2006 Scale: Graphic Q.S. No. 38, 46, 62 10032 Staff Report to the Planning Commission May 1, 2006 Item No. 8 8a. CEQA NEGATIVE DECLARATION 8b. RECLASSIFICATION NO. 2006 -00176 SITE LOCATION AND DESCRIPTION: (Motion) (Resolution) (1) Parcel A: This irregularly- shaped 1.3 -acre parcel is located west of the terminus of Glenoaks Avenue at the intersection of Greenleaf Avenue and Glenoaks Avenue, with a frontage of 436 feet on the west side of Greenleaf Avenue (no address). Parcel B: This irregularly- shaped 2.6 -acre parcel is located south of the terminus of Chippewa Avenue at the intersection of Crescent Avenue and Chippewa Avenue, with a frontage of 413 feet on the south side of Crescent Avenue (no address). Parcel C: This irregularly- shaped 0.84 -acre parcel is located at the northeast corner of Wilshire Avenue and Pearl Street, with frontages of 110 feet on the east side of Pearl Street and 446 feet on the north side of Wilshire Avenue (no address). REQUEST: (2) This is a City- initiated (Community Development Department) request for approval of reclassification of these properties as follows to allow for the future construction of three affordable housing projects: (a) Parcel A — from the RM -3 (Multiple - Family Residential) zone to the RM-4 (Multiple - Family Residential) zone or less intense zone. (b) Parcel B —from the RS -3 (Single - Family Residential) zone to the RM -3 (Multiple - Family Residential) zone or less intense zone. (c) Parcel C - from the C -G (General Commercial) zone to the RM-4 (Multiple - Family Residential) zone or less intense zone- BACKGROUND (3) These properties are currently vacant. The existing zoning and General Plan land use designations are as follows: Parcel Existing Zoning General Plan A RE Medium Density Residential B RS7 Low - Medium Density Residential C C -G Medium Density Residential DISCUSSION: (4) This reclassification request to rezone the subject properties from the RM -3, RS -3, and C -G zones to the RM-4, RM -3, and RM-4 zones respectively, would be consistent with the Low - Medium Density and Medium Density Residential land designations for these properties. This reclassification would permit planned developments consisting of apartment complexes on each parcel consistent with applicable development standards and State Density Bonus Law. This reclassification request would also be compatible with the surrounding multiple - family and single - family zoning and land uses. SR- RCL2006- 00176ds Staff Report to the Planning Commission May 1, 2006 Item No. 8 (5) The attached memorandum from the Community Development Department dated April 18, 2006, indicates a reclassification is being requested to allow the development of "affordable" multiple - family residential housing projects on remnant parcels from the 1 -5 Freeway widening project. The development of these three sites would provide approximately 143 units of affordable rental housing. The Redevelopment Agency is currently in the process of approving an Affordability Housing Agreement with a housing developer. Under the terms of the agreement, the developer would enter into a long term ground lease and develop affordable rental units on each site. (6) The requested reclassification would facilitate the replacement of vacant blighted properties with new residential developments in areas containing other residential uses. The Redevelopment Agency has invested in new infrastructure, new housing developments, historic preservation projects, and urban office and commercial developments citywide. Parcels A and B are designated as Housing Opportunity sites (Parcel C is not designated as a housing opportunity site) in the City's adopted Housing Element; thus, the proposed RM -3 and RM -4 zoning classifications for these areas would also supplement and support City programs identified in Anaheim's Housing Element. Community Development Department staff has been working closely with the developers on specific site design issues and architectural plans which would be presented to the Commission at a later public hearing. (7) The requested reclassification is being processed under the City's new Affordable Housing Strategic Plan. The Plan seeks to expand the supply of rental housing affordable to very low, low, and moderate - income households. The Plan identifies several incentives to be explored to encourage the development of new units. One of these incentives is expediting the review of applications for discretionary entitlements and plan check. The processing of this reclassification ahead of the development plans would expedite the entitlement processing. ENVIRONMENTAL IMPACT ANALYSIS: (8) Staff has reviewed the proposal and the Initial Study (a copy of which is available for review in the Planning Department). Based on City staff review of the proposed project, staff 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- RECOMMENDATION ( 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 Planning Commission take the following actions: (a) By motion, approve a Negative Declaration for the project. (b) By resolution, approve Reclassification No. 2006 -00176 to reclassify the subject properties by adopting the attached resolution including the findings and conditions contained therein. Page 2 [DRAFT] RESOLUTION NO. PC2006 - * ** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR RECLASSIFICATION NO. 2006 -00176 BE GRANTED WHEREAS, the Anaheim Planning Commission did receive a verified petition for Reclassification for real property situated in the City of Anaheim, County of Orange, State of California, described as follows: PARCEL A: THAT PORTION OF LOT 2 OF TRACT NO. 5495, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 205, PAGES 24, TO 29 INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE CENTERLINE INTERSECTION OF HOLLY STREET AND CATALPA AVENUE, AS SHOWN ON TRACT NO. 1802 RECORDED IN BOOK 56, PAGES 27 TO 29 INCLUSIVE OF SAID MISCELLANEOUS MAPS; THENCE ALONG THE CENTERLINE OF SAID CATALPA AVENUE NORTH 89 20'29" WEST, 151.09 FEET, TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE LEAVING SAID CENTERLINE. SOUTH 44 17' 02" EAST, 19325 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 1340.00 FEET; THENCE SOUTHEASTERLY 17221 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7 21' 49 "; THENCE SOUTH 51 38'51" EAST, 148.50 FEET; THENCE SOUTH 48 02'33" EAST, 207.80 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF GREENLEAF AVENUE, AS SHOWN ON TRACT NO. 4621, RECORDED IN BOOK 190, PAGES 22 TO 24 INCLUSIVE, OF SAID MISCELLANEOUS MAPS; SAID POINT BEING ON A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 358.35 FEET AND DISTANT 140.36 FEET MEASURED ALONG SAID CURVE THROUGH A CENTRAL ANGLE 22 26'30" FROM THE SOUTHEASTERLY TERMINUS OF SAID CURVE. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTIONS ARE ON THE CALIFORNIA COORDINATE SYSTEM OF 1927, ZONE 6. MULTIPLY ALL DISTANCES USED IN THE ABOVE DESCRIPTION BY 1.0000121 TO OBTAIN GROUND LEVEL DISTANCES. THERE SHALL BE NO ABUTTER'S RIGHTS OF ACCESS APPURTENANT TO THE ABOVE DESCRIBED REAL PROPERTY IN AND TO THE ADJACENT STATE FREEWAY. PARCEL B: THAT PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF CRESCENT AVENUE AND CHIPPEWA AVENUE (FORMERLY CHIPPEWA STREET) AS SAID INTERSECTION IS SHOWN ON TRACT NO. 3095, AS PER MAP RECORDED IN BOOK 122, PAGES 24 AND 25 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE CENTERLINE OF SAID CRESCENT AVENUE NORTH 89 05'56" WEST 244.57 FEET; THENCE SOUTH 56 07'55" EAST 95.56 FEET TO A POINT ON THE SOUTHERLY LINE OF THAT CERTAIN ROAD EASEMENT AS DESCRIBED IN THE EASEMENT DEED RECORDED JULY 26, 1972 N BOOK 10242, PAGE 943 OF OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 56 07'55" EAST 689.98 FEET TO A POINT ON THE WESTERLY LINE OF TRACT NO. 1591 RECORDED IN BOOK 54 PAGES 36 THROUGH 39, INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID CR \PC2006 -0 -1- PC2006- COUNTY. THENCE ALONG SAID WESTERLY LINE NORTH 00 26' 45" EAST 397.47 FEET; TO A POINT ON A LINE PARALLEL WITH AND DISTANT 30.00 FEET SOUTHERLY OF, SAID CRESCENT AVENUE; THENCE NORTH 89 05'56" WEST 41622 FEET TO THE EASTERLY CORNER OF SAID ROAD EASEMENT DEED RECORDED IN BOOK 10242, PAGE 943 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID ROAD EASEMENT SOUTH 81 26'36" WEST 133.82 FEET; THENCE NORTH 89 05'56" WEST 27.51 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE INTERSECTION OF SAID CRESCENT AVENUE AND CHIPPEWA AVENUE (FORMERLY CHIPPEWA STREET); THENCE ALONG THE CENTERLINE OF SAID CRESCENT AVENUE SOUTH 89 05' 56" EAST 114.57 FEET; THENCE PERPENDICULAR TO SAID CENTERLINE SOUTH 00 54' 04" WEST 30.00 FEET TO A POINT ON THE SOUTHERLY LINE OF CRESCENT AVENUE; SAID POINT BEING THE POINT OF BEGINNING; SAID POINT ALSO BEING THE BEGINNING OF A CURVE TANGENT TO SAID SOUTHERLY LINE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 112.00 FEET; THENCE WESTERLY 2002 . FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10 14' 31 "; THENCE SOUTH 80 39' 33" WEST 55.09 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 74.00 FEET, THENCE WESTERLY, NORTHWESTERLY AND NORTHERLY 141.88 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 109 51' 19 ", THENCE NORTH 10 30' 52" EAST 64.18 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 112.00 FEET; THENCE NORTHERLY 2001 . FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10 14' 16" TO A POINT OF TANGENCY WITH A LINE PARALLEL WITH AND DISTANT WESTERLY 3200 . FEET, FROM THE CENTERLINE OF SAID CHIPPEWA AVENUE (FORMERLY CHIPPEWA STREET.) PARCEL C: ALL THAT CERTAIN EXCESS LAND, BEING STATE PARCEL 200363 -6, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN THAT FINAL ORDER OF CONDEMNATION, CASE NO. 758 -080, RECORDED JANUARY 25, 1999 AS INSTRUMENT NO. 19990051564, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH THOSE PORTIONS OF LOTS 8, 9 AND 10 OF TRACT NO. 10669, PER MAP RECORDED IN BOOK 459, PAGES 46 AND 47 OF MISCELLANEOUS MAPS ON FILE IN SAID OFFICE OF THE COUNTY RECORDER, LYING SOUTHWESTERLY AND SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE SOUTHERLY TERMINUS OF COURSE "5" AS DESCRIBED IN STATE PARCEL 200363 -1 IN SAID FINAL ORDER OF CONDEMNATION BEING A POINT OF COMPOUND CURVATURE WITH CURVES CONCAVE SOUTHWESTERLY HAVING RADII OF 110.00 FEET AND 50.00, A RADIAL BEARING OF SAID CURVES BEARS NORTH 77 02'38" EAST; THENCE NORTHWESTERLY ALONG SAID COURSE "5" ANTI SAID 110.00 FEET RADIUS CURVE 16225 FEET THROUGH A CENTRAL ANGLE OF 84 30'35" TO THE NORTHWESTERLY TERMINUS OF SAD CURVE, A RADIAL LINE TO SAID POINT BEARS NORTH 07 27' 57" WEST; THENCE TANGENT TO SAID CURVE SOUTH 82 32'03" WEST 194.35 FEET TO THE WESTERLY LINE OF SAID LOT 8 AND THE TERMINUS OF THIS LINE DESCRIPTION. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE ON THE CALIFORNIA COORDINATE SYSTEM OF 1927, ZONE 6, MULTIPLY ALL DISTANCES USED IN THE ABOVE DESCRIPTION BY 1.00002052 TO OBTAIN GROUND LEVEL DISTANCES- -2- PC2006- WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 1, 2006, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures ", to hear and consider evidence for and against said proposed reclassification and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts 1 - That the applicant proposes reclassification of Parcel A —from the RM -3 (Multiple - Family Residential) zone to the RM -4 (Multiple - Family Residential) zone or less intense zone, Parcel B — from the RS- 3 (Single - Family Residential) zone to the RM -3 (Multiple - Family Residential) zone or less intense zone, and Parcel C - from the C -G (General Commercial) zone to the RM -4 (Multiple - Family Residential) zone. 2. That the Anaheim General Plan designates Parcels A and C for Medium Density Residential land uses, and Parcel B for Low - Medium Density Residential land uses and the proposed reclassification would implement the appropriate zone classification for each of the parcels consistent with the respective General Plan designations. 3. That the proposed reclassification of subject property is necessary and/or desirable for the orderly and proper development of the community. 4. That the proposed reclassification would supplement and support City programs identified in Anaheim's Housing Element and allow for development of new housing units on housing opportunity sites. 5. That the proposed reclassification of subject properties properly relates to the zones and their permitted uses locally established in close proximity to subject property and to the zones and their permitted uses generally established throughout the community. 6. That * ** indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim Planning Commission has reviewed the proposal to reclassify: Parcel A from the RM -3 (Multiple - Family, Residential) zone to the RM-4 (Multiple - Family, Residential) zone; Parcel B from the RS -3 (Single - Family, Residential) zone to the RM -3 (Multiple - Family, Residential) zone; and Parcel C from the C -G (General Commercial) zone to the RM-4 (Multiple - Family, Residential) zone, to allow for the future construction of three affordable housing projects; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby approve the subject Petition for Reclassification to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to exclude Parcel A from the RM -3 (Multiple - Family, Residential) zone and to incorporate said described property into the RM-4 (Multiple - Family, Residential) zone; to exclude Parcel B from the RS -3 (Single - Family, Residential) zone and to incorporate said described property into the RM -3 (Multiple - Family, Residential) zone; and to exclude Parcel C from the C -G (General Commercial) zone and to incorporate said described property into the RM-4 (Multiple - Family, Residential) zone, unconditionally. BE IT FURTHER RESOLVED, that this resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the subject property; any such rezoning shall require an ordinance of the City Council, which shall be a legislative act, which may be approved or denied by the City Council at its sole discretion- -3- PC2006- THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 1, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION I_ \1111Ix.9i 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 May 1, 2006, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: VACANT: COMMISSIONERS: 2006. IN WITNESS WHEREOF, I have hereunto set my hand this day of SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2006- Attachment - Item No. 8 �& 0 o� o � a F� Z FO �N D E_O bM1 City of Anaheim COMMUNITY DEVELOPMENT To: Dave See, Senior Planner From: Abel Avalos, Project Manager Date: April 18, 2006 P S. RE: Jamboree Housing Development: Certification of Affordability Anaheim Redevelopment Agency ( "Agency ") staff has been working with Jamboree Housing ( "Jamboree ") to develop a site plan for the properties located at W. Glenoaks Ave. and W. Greenleaf Ave. (APN 272- 081 -05 and 272 - 081 -04), W. Crescent Ave. and Chippewa St. (APN 072 - 091 -03), and 1371 W. Wilshire Ave. and 1232 W. Diamond St. (APN 255- 022 -51). The properties are remnant parcels from the I -5 widening project and were included in the recent multi - family request for proposals. As proposed, the development of these sites would provide approximately 143 units of affordable rental housing. Staff is in the process of approving an Affordable Housing Agreement between the Agency and Jamboree. Under the terms of the Agreement, Jamboree would enter into a long -term ground lease and develop affordable rental units on each site. All of the rental units would be required to be affordable and leased to income qualified households. Affordability levels would be based on the applicable Orange County income guidelines. Jamboree's obligation under the Agreement is to obtain all necessary entitlements and financing, construct the units, and carry out the marketing and management responsibilities. Jamboree will also offer preference to Anaheim residents and persons employed in Anaheim to qualify for units prior to a general public release. If you have any questions, or need additional information, please call me at (714) 765 -5238. famWree Certification ofARor bili[y v.2.DOC Item No- 9 RS-2 x LL w U C) D GRAMERCY AVE RS UU GLENCREST AVE RM-2 RCL 78 -79 -40 VAR 3098 VAR 906 S CONDOS 44 DU RM-4 CL 66 -67 -59 VAR 2013 VAR 1871 ADULT LIVING 124 DU RCL 89 -90 -51 RM-4 RCL 86 -87 -25 VAR 3645 APARTMENTS 21 DU RM -4 VIVA ADULT LIVING BAYLOR CIRCLE RM -4 VIVA ADULT LIVING Conditional Use Permit No- 2003 -04685 TRACKING NO- CUP2006 -05078 Requested By: JOSEPH KARAKI 590 North Magnolia Avenue RCL 59 -60 -107 CUP 3323 CUP 2302 CUP 2234 CUP 2229 CUP 1254 CUP 888 VAR 2411 MAGNOLIA CRESCENT SHOPPING CENTER 10034 U) x � w RS 1 DU EACH O V Q 2 CRESCENT A AVENUE 222' -► C -G LLI - R RCL 64 -65 -03 Z T RCL 59-60 -107 Q Q J Z Q C C -G RCL 63 - U) U) V) U) F- > O O U Q Q ~ N U VAR 974 �CL 62 -63 -80 w O CUP 377 0! <VAR 1632 w VAR 1598 L) L) i� PR N Subject Property Date: May 1, 2006 Scale: 1"=200' Q -S- No- 26 ~ N U VAR 974 �CL 62 -63 -80 w O CUP 377 0! <VAR 1632 w VAR 1598 L) L) i� PR N Subject Property Date: May 1, 2006 Scale: 1"=200' Q -S- No- 26 Staff Report to the Planning Commission May 1, 2006 Item No. 9 9a. CEQA NEGATIVE DECLARATION (PREVIOUSLY - APPROVED) (Motion for continuance) 9b. CONDITIONAL USE PERMIT NO. 2003 -04685 (Tracking No. CUP2006- 05078) SITE LOCATION AND DESCRIPTION: (1) This rectangularly- shaped 0.80 -acre property is located at the southeast corner of Magnolia and Crescent Avenues having frontages of 145 feet on the east side of Magnolia Avenue and 222 feet on the south side of Crescent Avenue (590 North Magnolia Avenue). REQUEST: (2) The applicant requests to modify exhibits and amend or delete conditions of approval to modify a previously- approved automobile car wash facility with accessory fast food restaurant and accessory retail sales, to permit a self serve car wash facility under the authority of Code Sections 18.08.030.040 and 18.60.190.030. BACKGROUND (3) This property is vacant and is zoned C -G (General Commercial). The Anaheim General Plan designates this property and property to the south for Corridor Residential land uses. Properties to the north and east are designated for Low Density Residential land uses and properties to the west are designated for Medium Density Residential land uses. (4) The applicant, Joseph Karaki, has submitted the attached letter dated April 21, 2006, requesting a continuance to the May 15, 2006, Commission meeting, in order to complete revisions to the plans and allow staff time to advertise a waiver for minimum landscaped setback. PREVIOUS ZONING ACTIONS: (5) Conditional Use Permit No. 2003 -04685 (to construct an automobile car wash facility with accessory fast food restaurant and accessory retail sales, to permit a self serve car wash facility) was approved by the Planning Commission on May 19, 2003. RECOMMENDATION: (6) That the Commission, by motion, continue this item to the May 15, 2006, Planning Commission meeting. Sr- cup2003- 04685(cont 050106)jpr_sr_pc050106 Page 1 F-AU .71TiM, MIMIllf\NW] From: joseph [mailto:jkaraki @wsecinc.com] Sent: Friday, April 21, 2006 4:37 PM To: James Ramirez Subject: Continuance Hello John, I would like to request a continuance for the carwash project located at 590 S. Magnolia Ave., until May 15th. Regards, Joseph Karaki President Western States Engineering, Inc. (714) 695 -9300 (714) 693 -1002 fax