PC 2014/05/19
City of Anaheim
Planning Commission
Agenda
Monday, May 19, 2014
Council Chamber, City Hall
200 South Anaheim Boulevard
Anaheim, California
• Chair: Victoria Ramirez
• Chair Pro-Tempore: Harry Persaud
• Commissioners: Peter Agarwal, Paul Bostwick, Mitchell Caldwell
Michelle Lieberman, John Seymour
• Call To Order - 5:00 p.m.
• Pledge Of Allegiance
• Public Comments
• Public Hearing Items
• Commission Updates
Staff Presentation: Status Report on Anaheim Rapid Connect (ARC)
Linda Johnson, Principal Planner
• Discussion
• Adjournment
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.
A copy of the staff report may be obtained at the City of Anaheim Planning Department,
200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff report is also
available on the City of Anaheim website www.anaheim.net/planning on Thursday,
May 15, 2014, after 5:00 p.m. Any writings or documents provided to a majority of the
Planning Commission regarding any item on this agenda (other than writings legally
exempt from public disclosure) will be made available for public inspection in the
Planning Department located at City Hall, 200 S. Anaheim Boulevard, Anaheim,
California, during regular business hours.
You may leave a message for the Planning Commission using the following
email address: planningcommission@anaheim.net
05/19/14
Page 2 of 5
APPEAL OF PLANNING COMMISSION ACTIONS
Any action taken by the Planning Commission this date regarding Reclassifications,
Conditional Use Permits, Variances, Public Convenience or Necessity Determinations,
Tentative Tract and Parcel Maps will be final 10 calendar 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.
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.
Anaheim Planning Commission Agenda - 5:00 P.M.
Public Comments:
This is an opportunity for members of the public to speak on any item under the jurisdiction of
the Anaheim City Planning Commission or public comments on agenda items with the
exception of public hearing items.
05/19/14
Page 3 of 5
Public Hearing Items
ITEM NO. 2
VARIANCE NO. 2014-04959
(DEV2014-00004)
Location: 1225 North East Street
Request: To allow a seven foot high wrought iron fence
within the required front setback at an indoor self storage
facility.
Environmental Determination: The Planning Commission
will consider whether to find the project to be Categorically
Exempt from the provisions of the California Environmental
Quality Act and Guidelines as a Class 1 (Existing Facilities)
Categorical Exemption.
Resolution No. ______
Project Planner:
Vanessa Norwood
vnorwood@anaheim.net
ITEM NO. 3
CONDITIONAL USE PERMIT NO. 2014-05722
VARIANCE NO. 2014-04958
(DEV2014-00001)
Location: 1711 South State College Boulevard and
1981 East Wright Circle
Request: To permit and retain an existing outdoor storage
yard in conjunction with a wholesale stone and marble
sales facility with fewer parking spaces than required by
Code.
Environmental Determination: The Planning Commission
will consider whether to find the project to be Categorically
Exempt from the provisions of the California Environmental
Quality Act and Guidelines as a Class 1 (Existing Facilities)
Categorical Exemption.
Resolution No. ______
Project Planner:
Scott Koehm
skoehm@anaheim.net
05/19/14
Page 4 of 5
ITEM NO. 4
CONDITIONAL USE PERMIT NO. 3339A
(DEV2014-00015)
Location: 400 North Lakeview Avenue
Request: To sell alcoholic beverages for off-premises
consumption within an existing convenience market and
service station.
Environmental Determination: The Planning Commission
will consider whether to find the project to be Categorically
Exempt from the provisions of the California Environmental
Quality Act and Guidelines as a Class 1 (Existing Facilities)
Categorical Exemption.
Resolution No. ______
Project Planner:
Scott Koehm
skoehm@anaheim.net
Adjourn to Monday, June 2, 2014 at 5:00 p.m.
05/19/14
Page 5 of 5
CERTIFICATION OF POSTING
I hereby certify that a complete copy of this agenda was posted at:
5:00 p.m. May 14, 2014
(TIME) (DATE)
LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK
SIGNED:
ANAHEIM CITY PLANNING COMMISSION
The City of Anaheim wishes to make all of its public meetings and hearings accessible to all
members of the public. The City prohibits discrimination on the basis of race, color, or national
origin in any program or activity receiving Federal financial assistance.
If requested, the agenda and backup materials will be made available in appropriate alternative
formats to persons with a disability, as required by Section 202 of the Americans with
Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted
in implementation thereof.
Any person who requires a disability-related modification or accommodation, including auxiliary
aids or services, in order to participate in the public meeting may request such modification,
accommodation, aid or service by contacting the Planning Department either in person at 200
South Anaheim Boulevard, Anaheim, California, or by telephone at (714) 765-5139, no later
than 10:00 a.m. one business day preceding the scheduled meeting.
La ciudad de Anaheim desea hacer todas sus reuniones y audiencias públicas accesibles a
todos los miembros del público. La Ciudad prohíbe la discriminación por motivos de raza , color
u origen nacional en cualquier programa o actividad que reciba asistencia financiera federal.
Si se solicita, la agenda y los materiales de copia estarán disponible en formatos alternativos
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reglamentos adoptados en aplicación del mismo.
Cualquier persona que requiera una modificación relativa a la discapacidad, incluyendo medios
auxiliares o servicios, con el fin de participar en la reunión pública podrá solicitar dicha
modificación, ayuda o servicio poniéndose en contacto con la Oficina de Secretaria de la
Ciudad ya sea en persona en el 200 S Anaheim Boulevard, Anaheim, California, o por teléfono
al (714) 765-5139, antes de las 10:00 de la mañana un día habil antes de la reunión
programada.
ITEM NO. 2
PLANNING COMMISSION REPORT
City of Anaheim
PLANNING DEPARTMENT
DATE: MAY 19, 2014
SUBJECT: VARIANCE NO. 2014-04959
LOCATION: 1225 North East Street (Anaheim Self Storage)
APPLICANT/PROPERTY OWNER: The applicant is Mr. John M. Yelland and
the property owner is Anaheim Self Storage Ltd.
REQUEST: The applicant requests approval of a variance to allow a seven-foot high
wrought iron security fence within the front setback of a self-storage facility where a
three-foot high fence is allowed by Code.
RECOMMENDATION: Staff recommends that the Planning Commission adopt the
attached resolution, determining that this request is categorically exempt from further
environmental review under the California Environmental Quality Act (Class 1,
Existing Facilities) and approving Variance No. 2014-04959.
BACKGROUND: The 1.1-acre project site is developed with 67,428 square foot
self-storage building in the Industrial (I) zone. The site is designated for Medium
Density Residential land uses by the General Plan. Surrounding land uses include a
service station and single-family residences to the east across East Street, office uses
to the north across Avenue, a retail tile store to the south, and a flood control channel
to the west.
Previous Entitlements: In 1984, the Planning Commission approved Variance No.
3414 allowing this self-storage facility to be developed with fewer parking spaces
than required by the Zoning Code. The Code required 156 spaces; the variance
allowed 9 spaces to be provided.
PROPOSAL: The applicant proposes to install a seven-foot high wrought iron
fence within the front landscape setback area of this existing self-storage facility in
order to secure the building and parking lot. The fence would be set back 10 feet
from the property line along East Street, at the back edge of the existing landscape
planter. The fence would be set back 10 to 30 feet from the property line adjacent to
Kenwood Avenue. The requested variance only applies to the portion of the fence
along East Street as the portion of the fence along Kenwood Avenue is located
outside of the required setback area. Vehicular access gates are proposed at the
existing driveways on Kenwood Avenue and East Street. The applicant indicates
that the gates adjacent to Kenwood Avenue and East Street would be opened at the
beginning of each business day and then locked after business hours.
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
VARIANCE NO. 2014-04959
May 19, 2014
Page 2 of 3
ANALYSIS: The Zoning Code requires that specific findings be made prior to approval of a
height variance for fences. The required findings are included in the attached draft resolution.
The Zoning Code permits a maximum three-foot high fence within the required front landscaped
setback area along East Street and a seven foot high fence is proposed. When the property was
developed in 1984, the Code required a 10-foot wide front landscaped setback along this street
but the Code has since been amended and now requires a 20-foot wide landscape setback. The
Code allows a six-foot high fence located at the back of the 20-foot required landscape setback;
however, due to unique site constraints, the landscape area cannot be increased to meet current
Code requirements while maintaining required parking and vehicular circulation areas.
Therefore, the location of the proposed fence at the back of the existing 10 foot wide landscape
planter is the most practical available location.
The applicant indicates that a growing number of drivers and pedestrians use the parking lot as a
short-cut through the property. In addition, the lot is used for recreational activities by area
residents when the business is closed. Late night vandalism, theft and graffiti have damaged the
building and vehicles stored on the site. Police and Planning Department staff met with the
applicant on-site to explore potential security options to deter vandalism and graffiti. Staff
determined that the applicant has exhausted all viable security deterrents for the property. This
location is unlike typical storage facilities in that the perimeter of the building is not secured and
the lot is subject to excessive amounts of cut through traffic. Further, the size of the property, in
relation to the location of the existing buildings, precludes conformance with the Code while
providing adequate security. Based on this information, Police Department staff submitted a
memorandum supporting the need for the proposed fence in order to help deter further criminal
activity (Attachment No. 4). Police staff also indicated that a seven-foot high fence would be
more effective than a typical six-foot high fence due to the unique circumstances involved. No
Code Enforcement actions are pending for this property
CONCLUSION: Staff recommends approval of this request based on the unique physical site
constraints that preclude construction of an adequate security fence outside of the required
landscape setback.
Prepared by, Submitted by,
Vanessa Norwood Jonathan E. Borrego
Associate Planner Planning Services Manager
Attachments:
1. Vicinity and Aerial Maps
2. Draft Variance Resolution
3. Applicant Letter of Justification
4. Police Department Memorandum
VARIANCE NO. 2013-04959
May 19, 2014
Page 3 of 3
The following attachments were provided to the Planning Commission and are available for
public review at the Planning Department at City Hall or on the City of Anaheim’s web site at
www.anaheim.net/planning.
5. Site Photographs
6. Site Plan
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ATTACHM ENT NO. 1
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[DRAFT] ATTACHMENT NO. 2
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RESOLUTION NO. PC2014-_____
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
VARIANCE NO. 2014-04959
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2014-00004)
(1225 NORTH EAST STREET)
WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as
the “Planning Commission”) did receive a verified petition to approve Variance No. 2014-04959
to construct a seven foot high wrought fence and gates exceeding the permitted height within the
required front yard setback of an existing self-storage facility for that real property located at
1225 North East Street in the City of Anaheim, County of Orange, State of California, as
generally depicted on the map attached hereto as Exhibit A and incorporated herein by this
reference (the “Property”); and
WHEREAS, the Property, consisting of approximately 1.1 acres, is developed with a
67,428 square foot self-storage building. The Property is located in and subject to the
regulations and development standards of the Industrial (I) Zone. The Anaheim General Plan
designates the Property for Medium Density Residential land uses; and
WHEREAS, this Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on May 19, 2014 at 5:00 p.m., notice of said public hearing having been
duly given as required by law and in accordance with the provisions of Chapter 18.60 of the
Code to hear and consider evidence for and against proposed Variance No. 2014-04959 and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, as the lead agency under the California Environmental Quality Act
(Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning
Commission finds and determines that the proposed project is within that class of projects which
consist of the repair, maintenance, and/or minor alteration of existing public or private structures
or facilities, involving negligible or no expansion of use beyond that existing at the time of this
determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code
of Regulations, the proposed project will not cause a significant effect on the environment and is,
therefore, categorically exempt from the provisions of CEQA; and
WHEREAS, the Planning Commission does further find and determine that the
request for a variance to construct a 7-foot high wrought iron fence and gates exceeding the
permitted height within the required front setback should be approved for the following reasons:
SECTION NO. 18.46.110.030 Permitted Fences and Walls.
(3-foot maximum height permitted;
7 feet proposed)
1. That the strict application of the Code would deprive the subject property of
privileges enjoyed by other properties in the vicinity because the property has unique site
constraints, due to the size and orientation of the building, that precludes the landscape area from
- 2 - PC2014-***
being increased to meet current Code requirements while maintaining required parking and
vehicular circulation areas. Therefore, the proposed 7-foot high wrought iron fence cannot be
placed outside of the required front setback without impacting the existing parking lot.
2. That there are special circumstances applicable to the property pertaining to
topography and location, which do not apply to identical zoned properties in the vicinity. As
indicated above, the required 20-foot setback cannot be provided without impacting required
parking spaces due to the location of the building on-site. This location is unlike typical storage
facilities in that the perimeter of the building is not secured and the lot is subject to excessive
amounts of cut through traffic and loitering. Further, the size of the property, in relation to the
location of the existing buildings, precludes conformance with the Code while providing
adequate security. The Anaheim Police Department has found that the property is in need of
enhanced security measures beyond those already established at the facility in order to provide
additional protection for the building and business vehicles.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Variance No. 2014-04959, contingent upon and subject to the conditions of approval
described in Exhibit B attached hereto and incorporated herein by this reference, which are
hereby found to be a necessary prerequisite to the proposed use of the Property in order to
preserve the health, safety and general welfare of the citizens of the City of Anaheim.
Extensions for further time to complete conditions of approval may be granted in accordance
with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be
amended by the Planning Director upon a showing of good cause provided (i) equivalent timing
is established that satisfies the original intent and purpose of the condition(s), (ii) the
modification complies with the Code, and (iii) the applicant has demonstrated significant
progress toward establishment of the use or approved development.
BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this
permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit
Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code.
BE IT FURTHER RESOLVED that the 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 approval of this application constitutes approval of
the proposed request only to the extent that it complies with the 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
May 19, 2014. 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.
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CHAIR, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
- 4 - PC2014-***
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
City Planning Commission held on May 19, 2014, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of May, 2014.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
- 5 - PC2014-***
- 6 - PC2014-***
EXHIBIT “B”
VARIANCE NO. 2014-04959
(DEV2014-00004)
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
OPERATIONAL CONDITIONS
1 The premises shall be equipped with a comprehensive security
alarm system (silent or audible) for the following coverage areas:
perimeter building and access route protection and high valued
storage areas within 120 days of this permit. A
Burglary/Robbery Alarm Permit application must be completed,
Form APD 516, and return it to the Police Department prior to
initial alarm activation within 120 days of this permit. This form
is available at the Police Department front counter, or it can be
downloaded from the following web site:
http://www.anaheim.net/article.asp?id=678
Police Department
2 Ongoing during project operation, upon the daily opening of the
facility, the gate at the Kenwood Avenue driveway shall be
opened first, followed by the gate facing East Street. Upon the
daily closing of the facility, the gate at the Kenwood Avenue
driveway shall be closed after the gate facing East Street is
closed. The employee opening the gate shall stage their vehicle
on Kenwood Avenue in order to operate the Kenwood Avenue
gate, but shall have their vehicle on-site to operate the gate facing
East Street.
Planning
Department, Code
Enforcement
3 Any graffiti painted or marked upon the premises or on any
adjacent area under the control of the property owner shall be
removed or painted over within 24 hours of being applied.
Planning
Department, Code
Enforcement
4 No required parking area shall be fenced or otherwise enclosed
for purposes of outdoor storage. Planning
Department, Code
Enforcement
GENERAL CONDITIONS
5 The Applicant shall defend, indemnify, and hold harmless the
City and its officials, officers, employees and agents (collectively
referred to individually and collectively as “Indemnities”) from
any and all claims, actions or proceedings brought against
Indemnities to attack, review, set aside, void, or annul the
decision of the Indemnities concerning this permit or any of the
proceedings, acts or determinations taken, done, or made prior to
the decision, or to determine the reasonableness, legality or
validity of any condition attached thereto. The Applicant’s
Planning
Department,
Planning Services
Division
- 7 - PC2014-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
indemnification is intended to include, but not be limited to,
damages, fees and/or costs awarded against or incurred by
Indemnities and costs of suit, claim or litigation, including
without limitation attorneys’ fees and other costs, liabilities and
expenses incurred by Indemnities in connection with such
proceeding.
6 The applicant is responsible for paying all charges related to the
processing of this discretionary case application within 30 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
may result in the revocation of the approval of this application.
Planning
Department,
Planning Services
Division
7 The premises shall be developed substantially in accordance with
the plan and specifications submitted to and reviewed and
approved by the City of Anaheim, which plan is on file with the
Planning Department marked as Exhibit No. 1 (Site Plan).
Planning
Department,
Planning Services
Division
Attachment No. 3
City of Anaheim ATTACHMENT NO. 4
POLICE DEPARTMENT
Anaheim Police Dept.
425 S. Harbor Blvd.
Anaheim, CA 92805
TEL: 714.765.1986
FAX: 714.765.1690 Page 1 of 2
To: Vanessa Norwood, Planning
From: Matthew Budds, Police
CC:
Date: April 15, 2014
RE: 1225 N. EAST ST. FENCING ISSUE
Recently I had the opportunity to inspect the property at 1225 North East Street
with an emphasis on the feasibility and justification of security fencing along
the perimeter of the property.
This location is on the southwest corner of the intersection at East Street and
Kenwood Avenue. in the City of Anaheim. The primary structure is a concrete
tilt commercial building currently occupied by a self-storage company. The
building is approximately 200’ x 160’ (32,000sq. ft.) and sits on a lot that is
roughly 230’ x 200’ (46000 sq. ft.) The parking area is immediately adjacent to
the structure on the East side. There are two driveways into the parking lot; one
on East St and one on Kenwood Ave to the North of the property. The north
side of the property has a small strip of landscaping adjacent to the public
sidewalk and there is a small strip of concrete running along the west side of the
property adjacent to a storm drain. The approximate width of these two strips is
between 30” and 36”. The South side of the building is attached to a separate
structure and has a small section of landscaping to the southeast portion of the
property..
The location of the property and the design of its parking lot make it easily
accessible to pedestrians and provides a shortcut to East Street from Kenwood
Avenue. During my observation of the property on several occasions, I watched
numerous pedestrians cut across the landscaping and parking area in both
directions to access Kenwood Avenue and East Street. There are no physical
barriers in place to prevent anyone from gaining access to the property.
Additionally, the design of the facility requires certain mechanical equipment be
positioned immediately adjacent to the main structure on the same side as the
parking lot. This equipment is readily accessible to any person who walks or
drives onto the property. The property owner also keeps a branded box truck in
the parking lot for use by renters within the facility. Both of these items are
targets for crimes of opportunity or vandalism.
Page 2 of 2
The area surrounding this location is one of the Police Department’s priority
neighborhoods for policing services and community engagement. There is a
better than average level of calls for service in and around this location.
The owner and management of the property have installed several crime
prevention tools including lighting and CCTV system as well as excellent
landscaping and up to date facility maintenance. They are proactive in
eliminating graffiti as it occurs and maintain regular contact with the Police
Department to quell any issue that may arise.
Based on the unique layout of the facility and lack of useable space, coupled
with the positive security steps already taken by the owner, I would recommend
the owner be permitted to install seven foot tall decorative wrought iron fencing
with finials or pinched tops. This recommendation is for fencing around the
perimeter of the parking area on the east side of the lot, with returns attached to
the structure at the southeast and northeast corners of the building. I also
recommend the addition of security friendly landscaping along the north
property line to discourage pedestrians from accessing and vandalizing the wall
of the building.
It is my opinion this is the best option to reduce the opportunity for property and
nuisance crimes to occur.
ATTACHMENT NO. 5
PROJECTLOCATIONKENWOOD AVENUEVICINITY MAP1N.T.S.VICINITY MAPEAST STREETFLOOD CONTROL CHANNEL
N89 52' 32" W.o293.39'OCFCD501KENWOOD AVENUEN88 33' 00" W.o280.08'N 241.77'1225 N. EASTSTREET, ANAHEIM,CA02ADJACENT BUILDING06CARBON GREEK FLOODCONTROL CHANNEL32' - 0"(E) 30' -0" DRIVE22' - 0"3EAST20' - 0"20' - 0"42' - 0"03126' H.EXISTINGCHAINLINKFENCE7' H. W.I.FENCEKNOXBOXW.I. GATE7' H. W.I.FENCE070809101112-3 0 ' - 8 "131313GATE OPENING32' - 0"14155' - 0"162' - 0"A21A22A2308175-45' - 0"10'-0" SETBACK55'-0" FROM CENTER OF STREET TO FENCE2 0 ' - 0 "
C LR .1'-6" M IN .1919191919181.(E) PARKING2.(E) ACCESSIBLE PARKING3.(E) LANDSCAPE4.(E) PATH OF TRAVEL5.(E) TRASH ENCLOSURE6.(E) PROJECT SIGN7.(E) FIRE DEPARTMENT CONNECTION8.(E) LIGHT POLE9.(N) (2)-16'-0" W. X 7'-0" H. WROUGHT IRON ROLLING GATES. WROUGHT IRONFENCE TO BE 7'-0" U.O.N.10.(N) 3'-0" X 7'-0" W.I. SWING GATE. PROVIDE CONCRETE PAD TO PUBLICSIDEWALK.11.(N) PAINTED PATH OF TRAVEL ON PAVEMENT. 4'-0" MIN.12.(N) 24'-0" W.I. SWINGING GATE WITH KNOX BOX ON FENCE. MANUALOPERABLE. 30'-8" (25'-0" MIN.) SETBACK FROM STREET. GATE TO BE OPENFROM 8:00 AM TO 6:00 PM TO PUBLIC DAILY.13.DETECTABLE WARNING SURFACE. 3'-0" MIN. WIDTH TO BE THE WIDTH OFACCESSIBLE PATH OF TRAVEL OR LOADING SPACE.14.(E) OFFICE ENTRY15.5'-0" W. CONCRETE WALK TO PUBLIC SIDEWALK. MAX. SLOPE AND CROSSSLOPE TO BE 2%.16.(E) 5'-0" x 5'-0" LEVEL LANDING AT ASPHALT. PAINT MAY BE REQUIRED ONSURFACE.17.(E) BOLLARDS TO REMAIN18.(N) 7'-0" H. W.I. FENCE WITH PICKETS TO BE 5" O.C. (PROVIDE 28 GA.PERFORATED SCREEN AT 3'-0" W. SWING GATE AND 2'-0" OF THE AREAADJACENT TO THE LATCH SIDE OF GATE.)19.(E) TREES TO REMAIN.SITE PLAN NOTES3SCOPE OF WORK: CONSTRUCTING 7'-0" H. WROUGHT IRON SECURITY FENCE ATEXISTING SELF-STORAGE FACILITY. PROVIDE GATES AT ENTRY AND EXITING MANGATE.PROJECT DATA2A-1SITE PLANA-2ELEVATIONSSHEET INDEX4(E) 30'-0" DRIVE WAY9POSTPOSTPOSTGATE OPENING32' - 0"2101291132' - 0"DRIVE30' - 0"22' - 0"5' - 0"3' - 0"4' - 0"5' - 0"5' - 0"3' - 0"3' - 0"4' - 0"4' - 0"DRIVE22' - 0"GATE24' - 0"2 0 ' - 0 "
3 0 ' - 8 "KNOXBOXC LR .1'-6" M IN .7'-0" H. W.I.FENCE18191919CLIENT& OWNERPROJECT TITLESHEET TITLESIGN BYDELTAREVISIONDATEDATE:JOB NUMBER01/21/1413-697C1931 NEWPORT BLVD.SUITE M.COSTA MESA, CA 92626JCRAIGM@GMAIL.COMSTUDIOM.JCMA@GMAIL.COMTHIS DRAWING AND ITS CONTENTS AREINSTRUMENTAL OF SERVICE AND ARETHE COPY RIGHTED PROPERTY OF J.CRAIG MANN ARCHITECT. THE USE OF ISEXPRESSLY INTENDED FOR THE PROJECTNOTED BELOW AND MAY NOT BE REUSEDOR REPRODUCED IN WHOLE OR IN PARTWITHOUT THE WRITTEN PERMISSION OFJ. CRAIG MANN.ARCHITECTURE . PLANNING . INTERIORARCHITECTNo. C 17030Exp. 01-31-15LICENSEDARCHIT E TC S T A TEOFCALIFORNIAJ.CRAIGMANNCORPORATE OFFICES6 VENTURE, SUITE 215IRVINE, CA 92618-7364949 727 0282 PHONE949 727 7442 FAXANAHEIM SELF-STORAGE1225 N. EAST STREET,ANAHEIM, CA 92805CORRECTION03/25/14CORRECTION04/08/14YELLANDPROPERTIESINC.ANAHEIMSELF-STORAGEA1SITE PLAN 1" = 20'-0"SiteSITE PLAN 1" = 10'-0"ENLARGED SITE AT GATEGATE129 1/16" = 1'-0"ENLARGED SITE5ENLARGED SITE PLAN11111ATTACHMENT NO. 6
PROJECT KEY NOTES1.ALL GATES AND FENCES ARE WROUGHT IRON GATES AND FENCES AND PAINTEDBLACKMATERIAL KEY NOTES(E) TREES TO REMAIN(N) (2) 15'-0"x 7'-0" H.W.I. ROLLING GATE(N) 7'-0" H. W.I.FENCE. PAINTEDBLACK(E) SELF-STORAGEFACILITY(E) LIGHT(E) SIGN(E) TREES TO REMAIN7' - 0"(E) TREES TO REMAIN(N) 24'-0"x 7'-0" H.W.I. SWING GATE(N) 7'-0" H. W.I.FENCE. PAINTEDBLACK(E) SELF-STORAGEFACILITY(E) LIGHT(E) SIGN(N) 7'-0" H. W.I.FENCE. PAINTEDBLACK6' - 6"(E) TREESTO REMAIN(N) 7'-0" H. W.I.FENCE. PAINTEDBLACK(E) SELF-STORAGEFACILITY7' - 0"CLIENT& OWNERPROJECT TITLESHEET TITLESIGN BYDELTAREVISIONDATEDATE:JOB NUMBER01/21/1413-697C1931 NEWPORT BLVD.SUITE M.COSTA MESA, CA 92626JCRAIGM@GMAIL.COMSTUDIOM.JCMA@GMAIL.COMTHIS DRAWING AND ITS CONTENTS AREINSTRUMENTAL OF SERVICE AND ARETHE COPY RIGHTED PROPERTY OF J.CRAIG MANN ARCHITECT. THE USE OF ISEXPRESSLY INTENDED FOR THE PROJECTNOTED BELOW AND MAY NOT BE REUSEDOR REPRODUCED IN WHOLE OR IN PARTWITHOUT THE WRITTEN PERMISSION OFJ. CRAIG MANN.ARCHITECTURE . PLANNING . INTERIORARCHITECTNo. C 17030Exp. 01-31-15LICENSEDARCHIT E TC S T A TEOFCALIFORNIAJ.CRAIGMANNCORPORATE OFFICES6 VENTURE, SUITE 215IRVINE, CA 92618-7364949 727 0282 PHONE949 727 7442 FAXANAHEIM SELF-STORAGE1225 N. EAST STREET,ANAHEIM, CA 92805CORRECTION03/25/14CORRECTION04/08/14YELLANDPROPERTIESINC.ANAHEIMSELF-STORAGEA2ELEVATIONS 1/8" = 1'-0"1Elevation 1 - a 1/8" = 1'-0"2Elevation 2 - a 1/8" = 1'-0"3Elevation 3 - aFENCE ELEVATIONFENCE ELEVATIONFENCE ELEVATION
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
ITEM NO. 3
PLANNING COMMISSION REPORT
City of Anaheim
PLANNING DEPARTMENT
DATE: MAY 19, 2014
SUBJECT: CONDITIONAL USE PERMIT NO. 2014-05722 AND
VARIANCE NO. 2014-04958
LOCATION: 1711 South State College Boulevard and 1981 East Wright Circle
(R & S Marble)
APPLICANT/PROPERTY OWNER: The applicant is Raul Uriostegui, who is
represented by Thomas Gilmer, and the owner is Kim Oviatt.
REQUEST: The applicant requests approval of a conditional use permit to permit
and retain an outdoor storage area in conjunction with an existing stone and marble
sales business, including a variance to allow fewer parking spaces than required by
Code.
RECOMMENDATION: Staff recommends that the Planning Commission adopt the
attached resolution, determining that this request is categorically exempt from further
environmental review under the California Environmental Quality Act (Class 1-
Existing Facilities) and approving Conditional Use Permit No. 2014-05722 and
Variance No. 2014-04958.
BACKGROUND: The 1.05-acre project site is located in the Industrial (I) zone and
the property is designated for Mixed Use land uses by the General Plan. The site is
developed with a wholesale stone and marble sales business including a 19,200 square
foot warehouse and a 7,500 square foot outdoor storage area. Industrial uses are
located to the west of the property, a self-storage facility is located to the north, the
Stadium Lofts mixed-use project is south of the property across Wright Circle, and a
hotel is located to the east across State College Boulevard.
PROPOSAL: The applicant is seeking to permit and retain a 7,500 square foot
outdoor storage area. The storage area is located in a required parking area and a
variance is requested to permit fewer parking spaces than required by Code. The
outdoor storage area was brought to the City’s attention through a Code Enforcement
complaint. The outdoor storage area is enclosed by an existing six-foot high chain link
fence. Slats are proposed on the fence to screen the outdoor storage.
CONDITIONAL USE PERMIT NO. 2014-05722 AND VARIANCE NO. 2014-04958
May 19, 2014
Page 2 of 3
ANALYSIS: The applicant’s proposal requires approval of the following actions:
• A Variance for fewer parking spaces than required by Code
• A Conditional Use Permit to allow outdoor storage that is visible to the street
A summary of the findings required for each of these items is included in this report. The
complete findings are included in the attached draft resolution.
Parking Variance: The property requires a total of 33 parking spaces based on the Code
requirement for industrial uses and outdoor storage. The applicant is proposing to provide 16
parking spaces. This is primarily a wholesale business that is open Monday through Saturday
and on Sunday by appointment only. Due to the nature of the business, customers that visit the
property tend to be contractors and designers and not the general public. A parking analysis
prepared by the applicant was submitted to justify the requested variance. The analysis observed
the number of spaces occupied at the business during three different times over the course of
eight days. A maximum of 10 spaces were occupied during the business day and an average of
eight spaces were occupied during the observation period. During a recent weekday site
inspection, staff observed four cars in the parking lot. Due to the limited parking demands of the
business, and that the observed demand for parking spaces was significantly lower than the
available spaces, staff believes that the approval of the variance will not create any parking
problems on nearby sites or streets.
Conditional Use Permit: The Zoning Code permits outdoor storage in industrial zones as a
permitted use, provided that the storage area is screened from view of the public right-of-way
and is not located within a required setback or parking area. A conditional use permit is required
if the storage area is not screened from public view. A conditional use permit is required for this
property because the storage is visible from State College Boulevard. This property has been
using this area for outdoor storage since 2009. The City has not received any complaints about
parking on this property. There are several other similar businesses in the area that also use
outdoor areas for storage.
A portion of the fence on the north side of the property abutting the self-storage facility has slats
that screen the outdoor storage from the adjacent use. However, the fence and gate on the east
side of the property facing State College Boulevard do not currently have slats installed.
Although the storage area will be screened with a six-foot high chain link fence with slats, the
outdoor storage will still be visible from State College Boulevard because the grade of the
property is approximately four feet lower than that of the street. Due to this difference in the
grade, complete screening of the storage area would require a significantly taller fence that
would be out of scale with this and surrounding properties. However, since the outdoor storage
area is located on the side of the building approximately 95 feet from the front property line, and
is partially screened from view by the on-site building, an existing mature tree on the property,
and the adjacent self-storage building to the north, staff believes that the visibility of the storage
yard will be limited, and will not have a detrimental visual impact on surrounding land uses and
public right-of-ways. Additionally, the applicant has proposed slats on the entire fence and this
requirement has been included as a condition of approval.
CONDITIONAL USE PERMIT NO. 2014-05722 AND VARIANCE NO. 2014-04958
May 19, 2014
Page 3 of 3
CONCLUSION: Staff believes that the proposed outdoor storage area is consistent with the
industrial zone and will be properly screened from view with the appropriate fencing and slats.
The submitted parking analysis justifies the reduction in parking and demonstrates that there will
be adequate parking for the businesses. Staff recommends approval of the proposed outdoor
storage area.
Prepared by, Submitted by,
Scott Koehm Jonathan E. Borrego
Associate Planner Planning Services Manager
Attachments:
1. Vicinity and Aerial Maps
2. Draft Resolution
3. Parking Analysis
The following attachments were provided to the Planning Commission and are available for
public review at the Planning Services Division at City Hall or on the City of Anaheim’s web
site at www.anaheim.net/planning.
4. Site Photographs
5. Plans
I (PT MU)OUT DO OR S TOR AGE YARDSTONE & M AR BL E WHOLESALE
I (PT MU)RES TA URA NT
O-L (PT MU )BAN K
(PT MU )RAIL ROA D
O-L (PT MU )PAR KING L OT
I (PT MU)IN DU STR IAL
I (PT MU)IN DU STR IAL
I (PT MU)STA DIUM L OF TS
O-L (PT MU )TOWN PL AC E SU IT ESBY MA RRIO TT
I (PT MU)NORT H S TAD IU MBUSINESS C ENT ER
I (PT MU)BAN K O-L (PT MU )RES TA URA NT S
I (PT MU)IN DU STR IAL
IINDUSTR IAL
IINDUSTR IAL
IFLOOR & T ILESTORES
S STATE COLLEGE BLVDE HOWELL AVE
E W RIG H T CI R
S CAMPTON AVEE W RIG H T CI R S RIGNEY WAYSTADI UM CR OSSI NG
E. KAT ELLA AVES. LEWIS STE. CERRITOS AVE
E. ORANGEWOOD AVE S. SUNKIST STS. ANAHEIM BLVDS. HASTER STE. GENE AUTRY WAY S.DOUGLASSRDS. CLEMENTINE ST17 11 S ou th St at e Coll eg e Bo ul eva rd a nd 1 98 1 Ea st W righ t Circle
DE V No. 2014-00001
Su bje ct Property APN : 0 82 -26 1 -12
AT TACHME NT NO. 1
°0 50 10 0
Feet
Ae r ia l Ph o t o :M a y 2 0 1 2
S STATE COLLEGE BLVDE HOWELL AVE
E WRIG HT CIR
S CAMPTON AVEE WRIG HT C IR S RIGNEY WAYSTADI UM CROSSI NG
E. K ATE LLA AVES. LEWIS STE. C ERRITOS AV E
E. ORANGEWOOD AVE S. SUNKIST STS. ANAHEIM BLVDS. HASTER STE. GE NE AUTRY WAY S.DOUGLASSRDS. CLEMENTINE ST171 1 So uth Sta te Co lle ge Bou lev ar d an d 1 981 Ea st W righ t Circ le
D E V N o . 20 1 4-0 0 00 1
Su bje ct Property APN: 082-261-12
ATTACHM ENT NO. 1
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Ae ria l Pho to :Ma y 20 13
[DRAFT] ATTACHMENT NO. 3
- 1 - PC2014-***
RESOLUTION NO. PC2014-***
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING CONDITIONAL USE PERMIT NO. 2014-05722 AND
VARIANCE NO. 2014-04958 AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2014-00001)
(1711 SOUTH STATE COLLEGE BOULEVARD AND 1981 EAST WRIGHT CIRCLE )
WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to
as the “Planning Commission”) did receive a verified Petition for Conditional Use Permit No.
2014-05722 and Variance No. 2014-04958 to permit and retain an outdoor storage area, including
a variance to allow fewer parking spaces than required by Code (herein referred to as the
"Proposed Project") for certain real property located at 1711 South State College Boulevard and
1981 East Wright Circle in the City of Anaheim, County of Orange, State of California, as
generally depicted on the map attached hereto as Exhibit A and incorporated herein by this
reference (the “Property”); and
WHEREAS, the Property, consisting of approximately 1.05 acres, is developed with a
warehouse and wholesale business. The Anaheim General Plan designates the Property for
Mixed Use land uses. The Property is located within the Industrial (I) Zone. As such, the
Property is subject to the zoning and development standards described in Chapter 18.10 of the
Anaheim Municipal Code (the "Code"); and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on May 19, 2014 at 5:00 p.m., notice of said public hearing having been
duly given as required by law and in accordance with the provisions of Chapter 18.60 of the
Code, to hear and consider evidence for and against said proposed Conditional Use Permit No.
2014-05722 and Variance No. 2014-04958 to investigate and make findings and
recommendations in connection therewith; and
WHEREAS, as the lead agency under the California Environmental Quality Act
(Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning
Commission finds and determines that the proposed project is categorically exempt from the
requirement for the preparation of environmental documents under CEQA pursuant to Section
15301 (Class 1 – Existing Facilities) of Title 14 of the California Code of Regulations, involving
the permitting of an outdoor storage area with fewer parking spaces than required by Code; and
WHEREAS, the Planning 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 with respect to the request to permit the Proposed Project on the Property does find
and determine the following facts:
1. The request to permit and retain an outdoor storage area, including a variance to
allow fewer parking spaces than required by Code in the Industrial (I) Zone is properly one for
which a conditional use permit is authorized by Section 18.10.030 (Conditionally Permitted
Uses) of the Code.
- 3 - PC2014-***
2. The request to permit and retain an outdoor storage area, including a variance to
allow fewer parking spaces than required by Code would not adversely affect the surrounding
land uses and the growth and development of the area in which it is proposed to be located
because the property is currently developed with a warehouse and outdoor storage is an
appropriate accessory use with the warehouse; and
3. The size and shape of the site is adequate to allow the full development of the
proposed use in a manner not detrimental to the particular area nor to the health, safety and
general welfare of the public because the property is currently improved with a warehouse and
there is no proposed expansion; and
4. The traffic generated would not impose an undue burden upon the streets and
highways designed and improved to carry the traffic in the area because the number of vehicles
entering and exiting the site are consistent with the existing industrial use site and the permitted
business; and
5. The granting of the conditional use permit under the conditions imposed will not be
detrimental to the health and safety of the citizens of the City of Anaheim because the subject
site is developed with a warehouse which allows wholesale businesses and the proposed outdoor
storage area will be compatible with the surrounding uses.
WHEREAS, the Planning Commission does further find and determine that the
request for a variance to permit less parking than required by Code in conjunction with outdoor
storage area should be approved for the following reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(33 spaces required; 16 spaces proposed)
1. That the parking variance, under the conditions imposed, will not cause fewer off-
street parking spaces to be provided for the Proposed Project than the number of such spaces
necessary to accommodate all vehicles attributable to such use under the normal and reasonably
foreseeable conditions of operation of such use because the site has ample parking spaces to
accommodate the use on the site. The parking analysis for the Proposed Project indicates that a
maximum demand of 10 parking spaces is currently needed for the business. The site will
provide a total of 16 spaces, therefore, ample parking will be provided for the site; and
2. That the parking variance, under the conditions imposed, will not increase the
demand and competition for parking spaces upon the public streets in the immediate vicinity of
the Proposed Project because the on-site parking on the property will adequately accommodate
the parking demands of the Proposed Project; and
3. That the parking variance, under the conditions imposed, will not increase the
demand and competition for parking spaces upon adjacent private property in the immediate
vicinity of the Proposed Project because the on-site parking on the property will adequately
accommodate parking demands of all uses on the site. The site will generate a parking demand
of 10 parking spaces and 16 parking spaces will be provided; and
- 4 - PC2014-***
4. That the parking variance, under the conditions imposed, will not increase traffic
congestion within the off-street parking areas or lots provided for the Proposed Project because
the project site provides adequate ingress and egress points to the property and are designed to
allow for adequate on-site circulation; and
5. That the parking variance, under the conditions imposed, will not impede vehicular
ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of
the Proposed Project because the project site has existing ingress or egress access points that are
designed to allow adequate on-site circulation and therefore will not impede vehicular ingress to
or egress from adjacent properties upon the public streets in the immediate vicinity of the center;
and
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Conditional Use Permit No. 2014-05722 and Variance No. 2014-04958, contingent
upon and subject to the conditions of approval described in Exhibit B attached hereto and
incorporated herein by this reference, which are hereby found to be a necessary prerequisite to
the proposed use of the Property in order to preserve the health, safety and general welfare of the
citizens of the City of Anaheim. Extensions for further time to complete conditions of approval
may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with
conditions of approval may be amended by the Planning Director upon a showing of good cause
provided (i) equivalent timing is established that satisfies the original intent and purpose of the
condition(s), (ii) the modification complies with the Code, and (iii) the applicant has
demonstrated significant progress toward establishment of the use or approved development.
BE IT FURTHER RESOLVED, that any amendment, modification or revocation of
this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit
Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code.
BE IT FURTHER RESOLVED that the 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 approval of this application constitutes approval
of the proposed request only to the extent that it complies with the 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.
- 5 - PC2014-***
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of May 19, 2014. 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.
CHAIR, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City
Planning Commission held on May 19, 2014, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of May, 2014.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
- 2 - PC2014-***
- 5 - PC2014-***
EXHIBIT “B”
CONDITIONAL USE PERMIT NO. 2014-05722
VARIANCE NO. 2014-04958
(DEV2014-00001)
NO. CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
WITHIN 60 DAYS OF APPROVAL OF THE PERMIT
1 The perimeter of the outdoor storage area shall be screened to a height
of not less than six (6) feet by a chain link fence entirely interwoven
with PVC slats. Photographs shall be submitted to the Planning
Department documenting completion of this condition.
Planning
Department,
Planning Services
Division
2 The parking areas shall be striped to provide 16 parking spaces as
depicted in Exhibit No. 1 (Site Plan). Photographs shall be submitted
to the Planning Department documenting completion of this condition.
Planning
Department,
Planning Services
Division
OPERATIONAL CONDITIONS
3 Granting of the variance shall be contingent upon operation of this
facility in conformance with the assumptions and/or conclusions
relating to the operation and intensity of this use as described in the
parking analysis prepared by the applicant. Exceeding, violating,
intensifying or otherwise deviating from any of said assumptions
and/or conclusions, as contained in the letter, may subject this permit to
termination pursuant to the provisions of Chapter 18.60 - Procedures of
the Anaheim Municipal Code.
Planning
Department, Code
Enforcement
Division
4 All materials shall be stored within the outdoor storage area depicted in
Exhibit No. 1 (Site Plan). No storage shall be permitted outside of the
designated storage area or within any required parking spaces.
Planning
Department, Code
Enforcement
Division
5 A drive aisle for trash truck circulation, as depicted in Exhibit No. 1
(Site Plan), shall be maintained within the storage area.
Public Works
Department, Streets
and Sanitation
Division
6 The property shall be permanently maintained in an orderly fashion
through the provision of regular landscaping maintenance, removal
of trash or debris, and removal of graffiti within twenty four (24)
hours from time of occurrence.
Planning
Department, Code
Enforcement
Division
GENERAL
7 The 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 No. 1, and as conditioned herein.
Planning
Department,
Planning Services
Division
- 6 - PC2014-***
NO. CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
8 The Applicant shall defend, indemnify, and hold harmless the City
and its officials, officers, employees and agents (collectively referred
to individually and collectively as “Indemnitees”) from any and all
claims, actions or proceedings brought against Indemnitees to
attack, review, set aside, void, or annul the decision of the
Indemnitees concerning this permit or any of the proceedings, acts or
determinations taken, done, or made prior to the decision, or to
determine the reasonableness, legality or validity of any condition
attached thereto. The Applicant’s indemnification is intended to
include, but not be limited to, damages, fees and/or costs awarded
against or incurred by Indemnitees and costs of suit, claim or
litigation, including without limitation attorneys’ fees and other
costs, liabilities and expenses incurred by Indemnitees in connection
with such proceeding.
Planning
Department,
Planning Services
Division
9 The applicant is responsible for paying all charges related to the
processing of this discretionary case application within 30 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
may result in the revocation of the approval of this application.
Planning
Department,
Planning Services
Division
ATTACHMENT NO. 3
ATTACHMENT NO. 4
ATTACHMENT NO. 5
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
ITEM NO. 4
PLANNING COMMISSION REPORT
City of Anaheim
PLANNING DEPARTMENT
DATE: MAY 19, 2014
SUBJECT: AMENDMENT TO CONDITIONAL USE PERMIT NO. 3339
LOCATION: 400 North Lakeview Avenue (Mobil/Circle K)
APPLICANT/PROPERTY OWNER: The applicant and owner is Vince Corsello
representing Circle K Stores, and the agent is Ahmad Ghaderi.
REQUEST: The applicant requests approval of an amendment to a conditional use
permit (CUP) to permit the sale of beer and wine for off-premises consumption within
an existing service station convenience market.
RECOMMENDATION: Staff recommends that the Planning Commission adopt the
attached resolution, determining that this request is categorically exempt from further
environmental review under the California Environmental Quality Act (Class 1-
Existing Facilities) and approving Conditional Use Permit No. 3339A.
BACKGROUND: The 0.59-acre project site is located in the General Commercial
(C-G) zone and the property is designated for Neighborhood Commercial land uses by
the General Plan. The site is developed with a service station and Circle K
convenience market. The property is adjacent to a commercial retail center to the
north and east, apartments to the south across McKinnon Drive, and Kaiser
Permanente medical offices to the west across Lakeview Avenue.
PROPOSAL: The applicant is requesting a Type 20 license from the State
Department of Alcoholic Beverage Control (ABC) to allow beer and wine sales for
off-premises consumption within the existing 1,458 square foot convenience market.
This request would amend CUP No. 3339 by deleting a condition of approval which
states that no alcohol sales are permitted in the convenience market without a CUP.
According to the applicant, 5% of the total sales area in the store will be dedicated to
alcohol sales. No interior or exterior changes to the existing building are proposed.
ANALYSIS: The purpose of the CUP is to ensure that the proposed use is compatible
with the surrounding uses. The Zoning Code requires that specific findings be made
prior to approval of a conditional use permit. The complete findings are included in
the attached draft resolution.
AMENDMENT TO CONDITIONAL USE PERMIT NO. 3339
May 19, 2014
Page 2 of 3
ABC bases the number of permitted alcohol licenses on the population in the Census Tract. The
subject site is located within Census Tract No. 219.03, which has a population of 4,034. As a
result, two off-sale licenses are permitted in this Census Tract and there is presently one off-sale
license in the tract. The other existing off-sale license is granted to a liquor store located in the
shopping center to the east. This store is located in Police Reporting District No. 1337 which has
a crime rate that is below the City’s average crime rate. The crime rate within a one quarter mile
radius of this site is also below the citywide average, based upon calls for service. Calls for
service to this location primarily consisted of suspicious circumstances, stolen vehicles and
disturbances. This request will not exceed the allowable number of off-sale licenses in the
census tract and this property is located in a reporting district that is below the City’s average in
crime statistics; therefore, a Determination of Public Convenience or Necessity is not required.
The attached statement of justification by the applicant indicates that the sales area for beer and
wine would be incidental relative to the range of products offered in the store. The Police
Department has evaluated the proposed request and does not object to the proposal to sell beer
and wine at this location, subject to conditions that have been incorporated into the attached draft
resolution. These conditions include restrictions on the permitted location of beer and wine
displays, a prohibition on exterior advertising of alcoholic beverages and on-site consumption
and required ABC LEAD (Licensee Education on Alcohol and Drugs) training for employees.
This property has operated with a service station and convenience market for over 20 years
without any operational complaints from the surrounding businesses or neighbors. With the
recommended conditions of approval, staff believes that this business will continue to be
compatible with the surrounding area and that the sales of beer and wine will not be detrimental
to the surrounding land uses.
CONCLUSION: Staff believes that the sale of beer and wine for off-site consumption is
appropriate at this location given the number of liquor licenses in the area, the overall crime
statistics, and the historically low number of calls for police and code enforcement services at
this site. The conditions of approval for the requested license are adequate to address potential
impacts related to the sale of beer and wine within the service station convenience market.
Therefore, staff recommends approval of the request.
Prepared by, Submitted by,
Scott Koehm Jonathan E. Borrego
Associate Planner Planning Services Manager
AMENDMENT TO CONDITIONAL USE PERMIT NO. 3339
May 19, 2014
Page 3 of 3
Attachments:
1. Vicinity and Aerial Maps
2. Draft Conditional Use Permit Resolution
3. Conditional Use Permit Resolution No. PC90-237
4. Police Department Memorandum
5. Applicant’s Letter of Justification for CUP
6. Correspondence
The following attachments were provided to the Planning Commission and are available for
public review at the Planning Services Division at City Hall or on the City of Anaheim’s web
site at www.anaheim.net/planning
7. Plans (Site and Floor Plans)
8. Site Photographs
C-G (SC)SER VICESTATION
RS-2 (S C)SFR
RS-2 (S C)SING LE FAM ILY RE SIDE NCE
RS-2 (S C)SFR
T (SC)FIRE STATION
C-G (SC)KAIS ER
C-G (SC)PAR KING L OT
C-G (SC)RETAIL
C-G (SC)PAR KING L OT
RS-2 (S C)SFR
RS-2 (S C)SFR
RM-3 (SC )APA RTM ENT S12 D U
RS-2 (S C)SFR
RS-2 (S C)SFR
RS-2 (S C)SFR
RS-2 (S C)SFR
RS-2 (S C)SFR
RS-2 (S C)SFR
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[DRAFT] ATTACHMENT NO. 2
- 1 - PC2014-***
RESOLUTION NO. PC2014-***
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO
CONDITIONAL USE PERMIT NO. 3339 AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
(DEV2014-00015)
(400 NORTH LAKEVIEW AVENUE)
WHEREAS, on September 24, 1990 and subject to certain conditions of approval, the
Anaheim City Planning Commission, by its Resolution No. PC90-237, approved Conditional
Use Permit No. 3339 to permit a 1,419 square foot mini-market in conjunction with an existing
service station (herein referred to as the "Original CUP") on that certain real property located at
400 North Lakewood Avenue in the City of Anaheim, as generally depicted on the map attached
hereto as Exhibit A and incorporated herein by this reference (the "Property"); and
WHEREAS, the Original CUP, together with the aforementioned amendment thereto,
shall be referred to herein collectively as the "CUP". The conditions of approval which were the
subject of the Original CUP shall be referred to herein collectively as the "Previous Conditions
of Approval"; and
WHEREAS, the Planning Commission did receive a verified petition to amend the CUP
to permit the sale of beer and wine for off-premises consumption in an existing convenience
market and to delete Condition No. 5 of Resolution No. PC90-237 pursuant to Section 18.60.190
of the Code. Said amendment is designated as Conditional Use Permit No. 3339A; and
WHEREAS, the Property is approximately 0.59 acres in size and is developed with a
service station and convenience market. The Property is located in the General Commercial (C-
G) Zone and is subject to the zoning and development standards described in Chapter 18.08
(Commercial Zones) of the Code. The Land Use Element of the Anaheim General Plan
designates the Property for Neighborhood Commercial land uses; and
WHEREAS, on May 19, 2014, the Planning Commission did hold a public hearing at the
Civic Center in the City of Anaheim, notice of said public hearing having been duly given as
required by Resolution No. 95R-134 and in accordance with the provisions of Chapter 18.60 of
the Code, to hear and consider evidence for and against proposed Conditional Use Permit No.
3339A, and to investigate and make findings and recommendations in connection therewith; and
WHEREAS, as the lead agency under the California Environmental Quality Act (Public
Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning Commission
finds and determines that the proposed project is within that class of projects which consist of the
repair, maintenance, and/or minor alteration of existing public or private structures or facilities,
involving negligible or no expansion of use beyond that existing at the time of this
determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code
of Regulations, the proposed project will not cause a significant effect on the environment and is,
therefore, categorically exempt from the provisions of CEQA; and
- 2 - PC2014-***
WHEREAS, the Planning 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 pertaining to the request for Conditional Use Permit No. 3339A, does find and
determine the following facts:
1. The request to permit the sale of beer and wine for off-premises consumption in an
existing convenience market is properly one for which a conditional use permit is authorized
under Section 18.08.030.040.0402 of the Code.
2. The sale of beer and wine for off-premises consumption in an existing convenience
market, under the conditions imposed, will not adversely affect the surrounding land uses, or the
growth and development of the area in which it is proposed to be located because the sale of beer
and wine for off-premises consumption will be compatible with the surrounding commercial and
residential uses in the area.
3. The size and shape of the site for the convenience market is adequate to allow the full
development of the proposed use, in a manner not detrimental to either the particular area or
health and safety because the site can accommodate the parking, traffic flows, and circulation
without creating detrimental effects on adjacent properties.
4. The traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area because the site is
already developed with a convenience market and the additional sales will not increase impacts
on the surrounding area.
5. The granting of Conditional Use Permit No. 3339A under the conditions imposed will not
be detrimental to the health and safety of the citizens of the City of Anaheim and will provide an
integrated land use that is compatible with the surrounding area.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission as follows:
1. Conditional Use Permit No. 3339A is hereby approved, thereby amending the CUP and
deleting Condition No. 5 of Resolution No. PC90-237.
2. The conditions of approval attached to this Resolution as Exhibit B amend the Previous
Conditions of Approval for the Original CUP and, except as amended herein, all Previous
Conditions of Approval for the Original CUP shall remain in full force and effect.
3. The conditions of approval described in Exhibit B attached hereto and incorporated
herein by this reference, are hereby found to be a necessary prerequisite to the proposed use of
the Property under Conditional Use Permit No. 3339A in order to preserve the health, safety and
general welfare of the citizens of the City of Anaheim. Extensions for further time to complete
conditions of approval may be granted in accordance with Section 18.60.170 of the Code.
Timing for compliance with conditions of approval may be amended by the Planning Director
upon a showing of good cause provided (i) equivalent timing is established that satisfies the
original intent and purpose of the condition, (ii) the modification complies with the Code, and
(iii) the applicant has demonstrated significant progress toward establishment of the use or
approved development.
- 3 - PC2014-***
4. Conditional Use Permit No. 3339A is approved without limitations on the duration of
the use. Amendments, modifications and revocations of this permit may be processed in
accordance with Chapters 18.60.190 (Amendment of Permit Approval) and 18.60.200 (City-
Initiated Revocation or Modification of Permits) of the Code.
5. Approval of Conditional Use Permit No. 3339A constitutes approval of the proposed
request only to the extent that it complies with the Zoning Code of the City of Anaheim 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.
6. The adoption of this Resolution is expressly predicated upon applicant's compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part
thereof, be declared invalid or unenforceable by the final judgment of any court of competent
jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and
void.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
May 19, 2014. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
(Procedures) of the Code pertaining to appeal procedures and may be replaced by a resolution of
the City Council in the event of an appeal.
CHAIR, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
- 4 - PC2014-***
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City
Planning Commission held on May 19, 2014, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of May, 2014.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
- 5 - PC2014-***
- 6 - PC2014-***
EXHIBIT “B”
CONDITIONAL USE PERMIT NO. 3339A
(DEV2014-00015)
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
WITHIN 60 DAYS OF APPROVAL OF THE PERMIT
1 The applicant shall apply for an encroachment license for
existing private improvements within City storm drain and
ingress/egress easements.
Public Works
Department,
Development
Services Division
PRIOR TO THE COMMENCEMENT OF ALCOHOLIC BEVERAGE SALES
2 The business operator shall post and maintain a professional
quality sign facing the premises parking lot(s) that reads as
follows:
NO LOITERING, NO LITTERING
NO DRINKING OF ALCOHOLIC BEVERAGES
VIOLATORS ARE SUBJECT TO ARREST
The sign shall be at least two feet square with two inch block
lettering. The sign shall be in English and Spanish.
Police
Department
3 The parking lot of the premises shall be equipped with lighting
of sufficient power to illuminate and make easily discernible the
appearance and conduct of all persons on or about the parking
lot. Additionally, the position of such lighting shall not disturb
the normal privacy and use of any neighboring residences.
Police
Department
4 All Managers / Owners shall obtain LEAD (Licensee Education
on Alcohol and Drugs Program) Training from the Department
of Alcoholic Beverage Control for themselves and register
employees. The contact number is 714-558-4101.
Police
Department
OPERATIONAL CONDITIONS
5 Loitering is prohibited on or around these premises or this area
under the control of the licensee(s).
Police
Department
6 No display of alcoholic beverages shall be located outside of the
building or within five (5) feet of any public entrance to the
building.
Police
Department
7 There shall be no exterior advertising or sign of any kind or
type, including advertising directed to the exterior from within,
promoting or indicating the availability of alcoholic beverages.
Interior displays of alcoholic beverages or signs which are
clearly visible to the exterior shall constitute a violation of this
condition.
Police
Department
8 The area of alcoholic beverage displays shall not exceed 25% of
the total display area in the building.
Police
Department
- 7 - PC2014-***
9 Sale of alcoholic beverages shall be made to customers only
when the customer is in the building.
Police
Department
10 The possession of alcoholic beverages in open containers and
the consumption of alcoholic beverages are prohibited on or
around these premises.
Police
Department
11 Any graffiti painted or marked upon the premises or on any
adjacent area under the control of the licensee shall be removed
or painted over within 24 hours of being applied.
Planning
Department,
Code
Enforcement
12 The business operator shall police the property in an effort to
prevent the loitering of persons around the premises.
Police
Department
13 There shall be no amusement machines, video game devices, or
pool tables maintained upon the premises at any time.
Police
Department
GENERAL
14 The Applicant is responsible for paying all charges related to
the processing of this discretionary case application within 30
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 may result in the revocation of the approval
of this application.
Planning
Department,
Planning Services
Division
15 The Applicant shall defend, indemnify, and hold harmless the
City and its officials, officers, employees and agents
(collectively referred to individually and collectively as
“Indemnitees”) from any and all claims, actions or proceedings
brought against Indemnitees to attack, review, set aside, void, or
annul the decision of the Indemnitees concerning this permit or
any of the proceedings, acts or determinations taken, done, or
made prior to the decision, or to determine the reasonableness,
legality or validity of any condition attached thereto. The
Applicant’s indemnification is intended to include, but not be
limited to, damages, fees and/or costs awarded against or
incurred by Indemnitees and costs of suit, claim or litigation,
including without limitation attorneys’ fees and other costs,
liabilities and expenses incurred by Indemnitees in connection
with such proceeding.
Planning
Department,
Planning Services
Division
16 The property shall be developed substantially in accordance
with plans and specifications submitted to the City of Anaheim
by the applicant and which plans are on file with the Planning
Department and as conditioned herein.
Planning
Department,
Planning Services
Division
ATTACHMENT NO. 3
City of Anaheim
INTERDEPARTMENTAL REVIEW COMMITTEE
To: Scott Koehm/Planning Department
Case No.: DEV 2014-00015/CUP 3339A
Circle K
400 N. Lakeview Ave.
Date: March 18, 2014
From: Lieutenant Steve Davis
Anaheim Police Department
Vice, Narcotics and Criminal Intelligence Bureau Commander
Contact: Name: S.P.S.R. Michele Irwin
Phone: 714-765-1461
Email: mmirwin@anaheim.net
The Police Department has reviewed the above case. Please see the following comments and
conditions for more information:
COMMENTS:
The Police Department has received an I.D.C. Route Sheet for DEV 2014-00015. The
applicant is requesting to add alcoholic beverage sales for off-premises consumption to
an existing service station and mini market.
The location is in Census Tract Number 219.03 which has a population of 4,034. This
population allows for 4 on sale Alcoholic Beverage Control licenses and there are
presently 5 licenses in the tract. It also allows for 2 off sale licenses and there is
presently 1 license in the tract.
This location is within Reporting District 1337 which is below the city average in crime.
There have been 9 calls for service to this location in the last year and they consisted of:
4 suspicious circumstances, 1 disturbance, 1 drunk in auto, 2 stolen vehicles and 1 keep
the peace.
The ¼ mile radius surrounding this location is below the city average in crime.
The calls for service primarily consisted of: 4 grand theft autos, 3 thefts from a vehicle, 3
auto burglaries and 3 vandalisms.
RECOMMENDED CONDITIONS OF APPROVAL:
The Police Department requests the following conditions be placed on the Conditional Use
Permit:
ATTACHMENT NO. 4
ATTACHMENT NO. 5
From:MartyRoof@aol.com
To:Scott Koehm
Subject:Conditional Use Permit No. 3339A (DEV 2014-00015)
Date:Tuesday, May 13, 2014 2:04:31 PM
Mr. Koehm:
I am a resident/owner at 4859 E. McKay Circle, Anaheim, CA 92807, where I have resided since 1993.
My son and I plan to attend the meeting on Monday, May 19, 2014, for the purpose of objecting to the
granting of the liquor license to Circle K at the Mobil gas station on the corner of Lakeview & McKinnon.
Thank you. If you have any questions, let me know.
Marty Roof
Martha A. Roof, Esq.
2700 North Main St., Ste 990
Santa Ana, CA 92705
Tel: 714-541-2775
Fax: 714-568-1080
CONFIDENTIALITY NOTICE: The information contained in this message is intended only for the recipient and may be a confidential
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deleting it from your computer.
ATTACHMENT NO. 6
ATTACHMENT NO. 7
ATTACHMENT NO. 8