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PC 2003/01/13clrY ol= A~AO-IElnn PLANNING COMMISSION AGEN®A JANUARY 13, 2003 Council Chambers, City Hall 200 South Anaheim Boulevard, Anaheim, California :.A CALL TO ORDER ~~ ~ f PLANPlII~G Gb CTG~~`GFfAf?l DAMES VANDERBILT ,~~~ ~p ~'•. - ~, MORNING s • rr~cuiunrr~gc+~G ni • CO ~IU~VI D~ RECESS TO AFTER ON P, r ~BL'I ~u ~~~~. RECONVENE TO PUB~'~C HEA~iII For record keeping purposes, icy complete a speaker ca~tl s(td suE PLEDGE OF ALLEGIANCE PUBLIC COMMENTS CONSENT CALENDAR PUBLIC HEARING ITEMS ADJOURNMENT H:\DOCS\CLERICAL4IGENDAS/011303. DOC AGENDA ~lE DEPOT SITE. ~ ~.. ~' ntop the agenda, please i into to ~ ~crer j~~ r ~ ~. olanninocommissionCo~anaheim.net I 01-13-03 Page 1 RECONVENE TO PUBLIC HEP.RING AT 1:30 P.M. PUBLIC COMMENTS: This is an opportunity for members of the public to speak on any item under the jurisdiction of the' Anaheim City Planning Commission or public comments on agenda items with the exception of public 'hearing items. CONSENT CALENDAR: Item 1-A through 1-C 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 andlor removed from the Consent Calendar for separate action. A. a) CEQA EXEMPTION SECTION 15051(b)(3) AND GENERAL PLAN AMENDMENT NOS. 2002-00408 AND 2002-00409 -REQUEST FOR INITIATION: City of Anaheim, Planning Department, 200 South Anaheim Boulevard, Anaheim, CA 92805, requests Planning Commission initiation of a General Plan amendment to amend the Land Use Element of the General Plan to redesignate two County pockets from the Low Density Residential land use designation to the Project Planner: Low-Medium Density Residential land use designation and the (avazauez ar7anaheim.netl General Commercial land use designation to the Low-Medium Density Residential land use designation. Properties are two County pockets SR8527AV.DOC throughout Anaheim. B. a) CEQA EXEMPTION SECTION 15061(bl(3) AND RECLASSIFICATION 2003-00093 -REQUEST FOR INITIATION: Anaheim Redevelopment Agency, Attn: Elisa Stipkovich, 201 S. Anaheim Boulevard, Anaheim, CA 92805 requests Planning Commission initiation of a reclassification from the CL (Commercial, Limited) zone to the RM-3000 (Residential, Multiple-Family) zone. Project Planner: Property is 4.4 acres with a frontage of 330 feet on the south side of (dsee@anaheim.net) Lincoln Avenue and is located 650 feet east of the centerline of Gilbert Street (2300 West Lincoln Avenue -Daniel's Furniture). SR2123DS.DOC C. Receiving and approving the Minutes from the Planning Commission Meeting of December 16, 2002. (Motion) 01-13-03 Page 2 PUBLIC HEARING ITEMS: 2a. CEQA NEGATIVE DECLARATION Request for 2b. CONDITIONAL USE PERMIT NO. 2002-04626 continuance to January 27, 2003 OWNER: Nevada Investment Holdings, Inc., 5405 Morehouse, Suite 250., San Diego, CA 92121 AGENT: Keith Francis, 5405 Morehouse, Suite 250, San Diego, CA 92121 LOCATION: 1891-1899 West Lincoln Avenue. Property is approximately 10.46 acres located at the northeast corner of Lincoln Avenue and Muller Street (Target Shopping Center). To permit and retain an existing automotive repair and parts installation facility. Project Planner: Continued from the November 18, 2002, Planning Commission meeting. (iramirezfa~anaheim.netl CONDITIONAL USE PERMIT RESOLUTION NO. SR8475JR.DOC 3a. CEQA NEGATIVE DECLARATION 3b. WAIVER OF CODE REQUIREMENT 3c. CONDITIONAL USE PERMIT NO. 2002-04627 3d. TENTATIVE TRACT MAP NO. 16430 OWNER: Clada M. Pletz, 3302 West Ball Road, Anaheim, CA 92604 AGENT: Olson Company, 3020 Old Ranch Parkway, Suite 400, Seal Beach, CA 90740-2751 LOCATION: 3302 West Ball Road. Property is approximately 2.5 acres with a frontage of 393 feet on the south side of Ball Road located 140 feet east of the centerline of Oakhaven Drive.' *Advertised as 2.4 acres. CONDITIONAL USE PERMIT N0.2002-04627 - To construct a 21-unit detached one-family residential condominium subdivision with waivers of: a) minimum private street standard, b) maximum fence height, c) maximum structural height adjacent to asingle-family residential zone, d) minimum structural setback abutting an arterial highway, e) minimum distance between building walls and f) minimum landscaped setback adjacent to asingle-family residential zone. TENTATIVE TRACT MAP NO. 16430 - To establish a 6-lot, 21-unit airspace detached residential condominium subdivision. Project Planner: Continued from the November 18, 2002, Planning Commission meeting. (cwaaner~a anaheim.netl CONDITIONAL USE PERMIT RESOLUTION NO. SR1106CW.DOC 01-13-03 Page 3 4a. CEQA NEGATIVE DECLARATION 4b. RECLASSIFICATION NO. 2002-00084 4c. WAIVER OF CODE REQUIREMENT 4d. CONDITIONAL USE PERMIT NO. 2002-04614 OWNER: INC AN-LO, 408 North Anaheim Boulevard, Anaheim, CA 92805 AGENT: William Taormina, 128 West Sycamore Street, Anaheim, CA 92805 LOCATION: 400-424 North Anaheim Boulevard and 411-417 North Claudfna Street. Property is approximately 1.32 acres located at the northeast comer of Anaheim Boulevard and Adele Street. RECLASSIFICATION NO. 2002-00084 -Request reclassification of the property from the RS-5000 (Residential, Single-Family) and CG (Commercial, General) zones to the CL (Commercial, Limited) zone, or a less intense zone. CONDITIONAL USE PERMIT NO. 2002-04614 - To establish land use conformity with existing zoning code land use requirements and to expand an existing legal non-conforming retail center and to permit on- premises sale and consumption of alcoholic beverages in conjunction with a proposed restaurant with waivers of: a) maximum structural height within 150 feet of a residentially zoned property, b) minimum structural and landscaped setback abutting arterial highway, c) minimum structural and landscaped setback abutting a local street, and d) minimum structural and landscaped setback abutting residential zone boundary. Continued from the December 2, 2002, Planning Commission meeting. RECLASSIFICATION RESOLUTION NO. CONDITIONAL USE PERMIT RESOLUTION NO. Request for continuance to January 27, 2003 Project Planner: {iramirez a(~anahetm.net) SR8488JR.DOC 01-13-03 Page 4 5a. CEQA CATEGORICAL EXEMPTION -CLASS 1 5b. WAIVER OF CODE REQUIREMENT 5c. CONDITIONAL USE PERMIT NO. 2002-04629 OWNER: David Ly, Lyman Legacy, 2841 South Croddy Way, Unit A, Santa Ana, CA 92704 AGENT: Deena Detry, Nextel Communications, 310 Commerce, Irvine, CA 92602 LOCATION: 1201 and 1211-1231 South Euclid Street. Parcel 1 is approximately 0.6-acre located at the southwest comer of Ball Road and Euclid Street. Parcel 2 is approximately 1.6 acres having a frontage of 350 feet on the west side of Euclid Street and located 170 feet south of the centerline of Ball Road. Request to establish land use conformity with existing zoning code land use requirements for an existing legal nonconforming commercial center and liquor store and to permit a telecommunications antenna with accessory ground-mounted equipment with waivers of minimum number of parking spaces and maximum structural height adjacent to a residential zone. Project Planner: Continued from the December 2, 2002, Planning Commission meeting. (vnonvood(o~anahetm.net) CONDITIONAL USE PERMIT RESOLUTION NO. SR8483VN.DOC 6a. CEOA CATEGORICAL EXEMPTION -CLASS 1 6b. WAIVER OF CODE REQUIREMENT 6c. CONDITIONAL USE PERMIT NO. 2002-04620 OWNER: Katella LLC, 1404 East Katella Avenue, Anaheim, CA 92805 AGENT: Oscar Ramirez, 12052 Jennifer Lane, Garden Grove, CA 92840 LOCATION: 1363 East Gene Autrv Way. Property is approximately 4:8 acres having a frontage of 302 feet on the north side of Gene Autry Way located 260 feet east of the centerline of Betmor Lane. To permit a banquet hall facility with on-premises consumption, but not sales of beer and wine with waiver of minimum number of parking spaces. Continued from the November 4, November 18 and December 2, 2002, Project Planner: Planning Commission meetings. tevambaofa~anaheim.net) CONDITIONAL USE PERMIT RESOLUTION NO. SR8517EY.DOC 01-13-03 Page 5 7a. CEQA CATEGORICAL EXEMPTION -CLASS 11 7b. VARIANCE NO. 2002-04546 OWNER: Frances Cascio, 2364 Damascus Court, San Jose, CA 95125 AGENT: Dennis Stout, 871 North Maplewood Street, Orange, CA 92867 LOCATION: 915 South Harbor Boulevard. Property is approximately 0.42-acre with a frontage of 110 feet on the west side of Harbor Boulevard located 195 feet south of the centedtne of Vermont Avenue (farrows Restaurant). Waiver of maximum number of wall signs to install two business identification wall signs on existing restaurant building. VARIANCE RESOLUTION NO. 8a. CEQA NEGATIVE DECLARATION 8b. VARIANCE NO. 2002-04542 80. TENTATIVE TRACT MAP NO. 16340 OWNER: Thao Tran, 6651 Silent Harbor Drive, Huntington Beach, CA 92648 AGENT: Hieu Pha, 10402 Westminster Avenue, Suite 100, Garden Grove, CA 92843 LOCATION: 610 South Sunkist Street. Property is approximately 1.07 acres with a frontage of 268 feet on the east side of Sunkist Street located 400 feet north of the centerline of South Street. VARIANCE NO. 2002-04542 -Request waivers of: a) minimum lot width and frontage and b) orientation of residential structures adjacent to arterial highways to construct five (5)single-family residences. TENTATIVE TRACT MAP NO. 76340 - To establish a 5-lot, 5-unit detached single-family residential subdivision. VARIANCE RESOLUTION NO. Project Planner: (skoehmta7anaheim:vet) SR8524SK.DOC Project Planner: (avazau ez(a~ anaheim. net) SR8525AV.DOC 01-13-03 Page 6 9a. 9b. OWNER: Landry Properties LP, 517 12v' Street, Santa Monica, CA 90406 AGENT: Paul Kott, 1225 West Lincoln Avenue, Anaheim, CA 92805 LOCATION: 2861 East Miraloma Avenue. Property is approximately 4.7 acres with a frontage of 330 feet on the north side of Miraloma Avenue located 980 feet west of the centerline of Red Gum Street (California Auto Dealers Exchange). Reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on June 21, 1999, to expire January 31, 2003) to retain an automobile storage lot with a modular office unit. CONDITIONAL USE PERMIT RESOLUTION NO. Project Planner: teva mbaofa~a n ahe im. net) SR8514EY:DOC 01-13-03 Page 7 10a. CEQA NEGATIVE DECLARATION 10b. GENERAL PLAN AMENDMENT NO. 2002-00407 10c. RECLASSIFICATION N0.2002-00087 10d. WAIVER OF CODE REQUIREMENT 1Oe. CONDITIONAL USE PERMIT N0.2002-04641 OWNER: Atlantic Richfield Co., P.O. Box 512485, Los Angeles, CA 90051 AGENT: Leslie Burnside, Tait & Associates, 9089 Claremont Mesa Boulevard, # 300, San Diego, CA 92123 LOCATION: 1201 South Brookhurst Street. Property is approximately 1.7 acres located at the southwest corner of Ball Road and Brookhurst Street (Arco AM/PM Service Station). GENERAL PLAN AMENDMENT N0.2002-00407 - To amend the Land Use Element of the General Plan to redesignate a portion of the property from the Low Density Residential designation to the General Commercial designation. RECLASSIFICATION NO. 2002-00087 -Request for reclassification of a portion of the property from the County C-1 (Commercial) zone to the CL (Commercial, Limited) zone, or a less intense zone. CONDTIONAL USE PERMIT NO. 2002-04641 - To establish conformity with zoning code land use requirements for an existing drive-through restaurant and to permit a service station with accessory car wash and convenience market with the sales of beer and wine fpr off-premises consumption with waivers of: a) nonconforming structures and uses - general, b) nonconforming signs and billboards -general and c) maximum structural height abutting asingle-family residential zone boundary. GENERAL PLAN AMENDMENT RESOLUTION NO. RECLASSIFICATION RESOLUTION NO. CONDITIONAL USE PERMIT RESOLUTION NO. Request for continuance to January 27, 2003 Project Planner: (iramirez(a~anaheim.n SR8519JR.DOC 01-13-03 Page 8 11a. CEQA NEGATIVE DECLARATION 11 b. RECLASSIFICATION N0.2002-00088 11 c. VARIANCE NO. 2002-04547 11d. TENTATIVE TRACT MAP NO. 16452 11e. SPECIMEN TREE REMOVAL PERMIT'NO. 2002-00007 OWNER: Ruitson Ouyang, 8641 Hillcrest Road., Buena Park, CA 90621 AGENT: Carta Frakes, Starlight Oaks, LLC, 2 McLaren, Unit B, Irvine, CA 92618 LOCATION: 6161 East Santa Ana Canyon Road. Property is approximately 1.1 acres with a frontage of 174 feet on the north side of Santa Ana Canyon Road located 442 feet west of the centerline of Quintana Drive. RECLASSIFICATION NO.2002-00088 -Request reclassification of the subject properly from the RS-A-43,000 (SC) (Residential/Agricultural; Scenic Corridor Overlay) zone to the RS-5,000 (SC) (Residential, Single- Family; Scenic Cortidor Overlay) zone. VARIANCE NO 2002-04547 -Request waiver of minimum lot depth adjacent to a Scenic Expressway. TENTATIVE TRACT MAP NO. 16452 - To establish a 6-lot, 6-unit detached single-family residential subdivision. SPECIMEN TREE REMOVAL PERMIT NO. 2002-00007 - To remove one (1) specimen Oak tree. RECLASSIFICATION RESOLUTION NO. Project Planner: favazauezaf~anaheim:ne0 VARIANCE RESOLUTION NO. SR8528AV.DOC 01-13-03 Page 9 12a. 12b. 12c. 12d. 12e. 12f. 12g. 12f OWNER: Toura #2, 3927 Barranca Parkway, J-425, Irvine, CA 92606 AGENT: Mahmoud Bdaiwi, 4000 Barranca Parkway, Suite 250, Irvine, CA 92604 LOCATION: 1597 West Katella Avenue. Property is approximately 1.07 acres with a frontage of 150 feet on the north side of Katella Avenue located 160 feet east of the centerline of Carnelian Street. GENERAL PLAN AMENDMENT NO. 2002-00406 - To amend the Land Use Element of the General Plan redesignating the properly from the Commercial Professional designation to the Low-Medium Density Residential designation. RECLASSIFICATION N0.2002-00085 -Request reclassification of the subject property from the RS-10,000 (Residential, Single-Family) zone to the RM-2,400 (Residential, Multiple-Family) zone, or a less intense zone. CONDITIONAL USE PERMIT NO. 2002-04635 - To construct a 16-unit attached residential condominium subdivision with waivers of: a) minimum private street standards, b) minimum number of required parking spaces, c) maximum structural height within 150 feet of asingle-family residential zone, (d) maximum site coverage, (e) minimum landscape setback abutting asingle-family residential development and (f) minimum required recreational leisure area. TENTATIVE TRACT MAP NO. 16465 - To establish a 1-lot, 16-unit attached residential airspace condominium subdivision. GENERAL PLAN AMENDMENT RESOLUTION NO. RECLASSIFICATION RESOLUTION NO. CONDITIONAL USE PERMIT RESOLUTION NO. Project Planner: (cwagner a(~anaheim.net) SR1105CW.DOC 01-13-03 Page 10 13a. CEQANEGATIVEDECLARATION 13b. WAIVER OF CODE REQUIREMENT 13c. CONDITIONAL USE PERMIT NO. 2002-04640 OWNER: Evangelical Christian Credit Union, 955 West Imperial Highway, Brea, CA 92821 AGENT: Ray Chang, Ambassador Church, 2801 North Brea Boulevard, Fullerton, CA 92835 LOCATION: 2566 West Woodland Drive. Property is approximately 0.35-acre with a frontage of 69 feet on the west side of Woodland Drive located 680 feet east and south of the centerline of Magnolia Avenue. To permit a church within an existing office building with waiver of minimum number of parking spaces. CONDITIONAL USE PERMIT RESOLUTION NO. 14a. CEQA NEGATIVE DECLARATION 14b. WAIVER OF CODE REQUIREMENT 14c. CONDITIONAL USE PERMIT NO. 2002-04628 OWNER: Ronald P. Beard Trustee, 5120 Birch Street, Suite 120, Newport Beach, CA 92660-2153 AGENT: Jim Todaro, The Consulting Group, 5440 Trabuco Road, Irvine, CA 92620 LOCATION: 1216-1254 South Magnolia Avenue. Property is approximately 7.7 acres located south .and east of the southeast corner of Baii Road and Magnolia Avenue. To establish conformity with existing zoning code land use requirements for an existing commercial retail center and to permit a telecommunications antenna and accessory ground-mounted equipment with waiver of maximum structural height within 150 feet of asingle-family residential zone boundary. CONDITIONAL USE PERMIT RESOLUTION NO. Project Planner: (vnorwood lrD anahiem. nett SR8516VN.DOC Request for continuance to January 27, 2003 Project Planner: (vnonvood aOanaheim.netl SR6516VN.DOC 01-13-03 Page 11 15a. CEQA CATEGORICAL EXEMPTION -CLASS 3 15b. CONDITIONAL USE PERMIT N0.2002-04647 OWNER: Tap v. Phi, 1643 West Cerritos Avenue, Anaheim, CA 92802 LOCATION: 1643 West Cerritos Avenue. Property is approximately 0.8-acre with a frontage of 114 feet on the north side of Cerritos Avenue located 685 feet east of the centerline of Euclid Street. To permit an attached granny unit in conjuncticn with an existing single- Project Planner: family residence. (vnorwood ananaheim.net) CONDITIONAL USE PERMR RESOLUTION NO. SR8507VN.DOC 16a. CEQA CATEGORICAL EXEMPTION --CLASS 1 16b. CONDITIONAL USE PERMIT NO. 2002-04643 OWNER: Joseph T. Kung, 20866 East Quail Run Drive, Diamond Bar, CA 91789 AGENT: William Flory, 5711 Rocking Horse Way, Orange, CA 92869 LOCATION: 5579 East Santa Ana Canyon Road. Suite 102. Property is approximately 5 acres located at the northwest comer of Santa Ana Canyon Road and Imperial Highway (Alexander's Grand Salon). To permit and retain a massage business in an existing beauty salon. Project Planner: (avaza uezCo~ ana h elm. nett CONDITIONAL USE PERMIT RESOLUTION NO. SR8515AV.DOC 01-13-03 Page 12 17a. CEQA NEGATIVE pECI.ARATION 17b. WAIVER OF CODE REQUIREMENT 17c. CONDITONAL USE PERMIT NO. 2002-04646 OWNER: J & J Food Store Inc., P.O. Box 2305, Fullerton, CA 92837- 0805 AGENT: Pradeep Singh, 6251 Rosemary Drive, Cypress, CA 90630 LOCATION: 3174 West Ball Road. Property is approximately 0.34-acre located at the southeast corner of Ball Road and Western Avenue (A-1 Food Mart). Establish conformity with existing zoning code land use requirements for an existing convenience market with off-premise sales and consumption of beer and wine and to permit a truck rental facility as a secondary primary use with waiver of minimum number of parking spaces. CONDITIONAL USE PERMIT RESOLUTION NO. 18a. CEQA NEGATIVE DECLARATION 18b. VARIANCE N0.2002-04539 OWNER: Tomas Rodriguez, P.O. Box 8521, Anaheim, CA 92806 AGENT: Jeffrey Jonsson, 20331 Irvine Avenue., # 7, Santa Ana Heights, CA 92702 LOCATION: 542 South Atchison Street. Property is approximately 0.46-acre with a frontage of 150 feet on the east side of Atchison Street located 530 feet south of the centerline of Santa Ana Street. Waivers of: (a) maximum fence height In the front setback area and (b) minimum number of parking spaces to retain an unpennitted second story office expansion to an industrial building. VARIANCE RESOLUTION NO. Project Planner: firamirez a(~.anaheim.ne0 SR8520JR.DOC Project Planner: (evambao(~ana h ei m.ne0 SR8526EY.DOC 01-13-03 Page 13 19a. CEQA CATEGORICAL EXEMPTION -CLASS 1 19b. CONDITIONAL USE PERMIT NO. 2002-04645 OWNER: Michael Bagguley, 701 Concord Street, Glendale, CA 91202 AGENT: Rodolfo Ramirez, Networks Ultra Express, 531 South Wayside Street, Anaheim, CA 92805 LOCATION: 3010 West Lincoln Avenue. Property is approximately 1.58 acres located at the southwest corner of Lincoln Avenue and Beach Boulevard. To permit and retain a computer rental and Internet amusement (arcade) business. CONDITIONAL USE PERMIT RESOLUTION NO. 20a. 20b. OWNER: Khoda Ostowari, K. Ostowari Construction 878 North Main Street, Orange, CA 92868 LOCATION: 805 South Harbor Boulevard. Property is approximately 0.8-acre located at the southwest corner of South Street and Harbor Boulevard. Reinstate permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on June 20, 2000 to expire September 13, 2003) to retain the sales of beer and wine for off-premises consumption and amend previously-approved exhibits and conditions of approval pertaining to signage (to permit and retain three (3) unpermitted informational signs, one (1) existing directional sign, one (1) car wash menu sign and construct three (3) wall signs and modify conditions of approval pertaining to hours of operation for the convenience market and the sales of beer and wine for apreviously-approved service station with. an accessory convenience market with sales of beer and wine for off- premises consumption and self-serve car wash. Continued from the December 16, 2002, Planning Commission meeting. CONDITIONAL USE PERMIT RESOLUTION NO. Project Planner: (~,vagne r(a)a n ah eim. n et) SR1104CW.DOC Request for continuance to January 27, 2003 Project Planner: (avazg uez(a~anaheim. nett SR8523AV.doc 01-13-03 Page 14 ADJOURN TO MIONDAY, JANUARY 27, 2003 AT 9:00 A.M. FOR REVIEW OF CITYWIDE LAND USE ALTERNATIVES PREPARED IN CONJUNCTION WITH THE GENERAL PLANIZONING CODE UPDATE PROGRAnA. CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: I I X00 a~tif1 (TIME) til, ~D ~%3 (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND /CO/UINCIL D' ISP, L.A,YnKIOSK SIGNED: ~ I/'~,Lt/ / , ' Li~-C If you challenge .any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. RIGHTS OF APPEAL FROM PLANNING COMMISSION ACTION The action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits and Variances shall be considered final unless, within 22 days after Planning Commission action and within 10 days regarding Tentative Tract and Parcel Maps, an appeal is filed. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. ANAHEIM CITY PLANNING COMMISSION In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning Department, (714) 765-5139. Notification 48 hours prior to 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. 01-13-03 Page 15 9L a6ed £0-£ 1-60 6Z 2138W303a 5 L 2138W303a L 2138W303a L6 b38W3AON E 2i38W3nO1V OZ 21380100 9 21380100 ZZ 2i38W31d3S 8b38W31d3S sz lsn~nd ~ ~ lsn~nd sz ~~nr ~~ ~~nr os 3rvnr s~ 31vnr z 3rlnr 6 L ~l`dW 5 l~b'W 6Z ~121db' L 1121d`d ~Z H021dW 0 L H0?~t/W vZ ~~dn218~~ o~~~dnae3~ LZ ~~dnlvdr £OOZ ~°~~3H~~ R & R ITEt1 N0. 1-A (2~ RS-A-43,000 CUP 1897 x CUP 3636 ° v ° LOWS ELEM. SCHOOL POLK AVE < Vw (CLOSED) A y ~ ~ ~ o: o R 0 RS-7200 t DU z ® i DU EACH -+ m x < CL CL 98-99.11 98-99-ii CL v CL OL Ui 61.62-23 61-62-23 93-9&11 ' ~ o mmx mmmN 62-63-18 98-99-11 61-fit-116 o 56-57.57 56-57-57 7&7416 T-CUP 2001-04358 CUP 2670 `~6-57-57 ~ m n U -+~n nm U AA NO. 159 ~~o m -~ '^ ^ 56-57-57 CUP 2001-04317 .CUP 1751 CUP 134 ~R 319 O"aj UtO LL..NLL N N PROF. OFFICES um~aa CUP 3840 ApJ 2002-00221 EIR 319 MARDI ix Q~LL ~oC e> o mm]> O1'ou EIR NO. 319 CUP 1751 S.BS. INN EIR 319 MOTEL Ma E ae01 T-c aP T 6. DENTAL OFFICE 4 RCL 97-9604 CHURCH cuP 2000- 0428fi LINCOLN AVENUE 49, LL 98.9&11 82.6326 3 t7 0 e^ v~p pp CUP 3429 CUP307 ' ° ~ mNCN~ UNN~ 6 ~ RS-A-43,000 79 e0-1 1 VAR 4041 GPA 139 nrZ ~ ^ ` ~ ¢ ' ~" -72.04(1) 7 APTS. 71-72-02(2) vncAnrz ~ ~: Nn ~~0 ~ u ¢ ~ > T-CUP 2001-04468 CUP 2000-04265 CUP 3193 CL EIR 319 96-99-ii APARTMENTS CL 62-63-26 GPA 2002-00409 RCL 2001-00063 CUP 3429. CUP 307. VACANT 98-99-11 RCL 2003-00093 62-63-28 VAR 4041 CUP 3429 .EIR NO; 319 CUP 2053 FURNITURE STORE RS-A-03,000 CUP 307 71.72-2(1) VAR 4041 71.72-04 GPA 139 (Res. of Intent to RM-1200) VACANT 264 DU APARTMENTS RS-7200 CL 1 DU EACH RS-A-43,000 APAR TMENTS CUP 2871 V-2277 PRIVATE SCHOOL General Plan Amendment No. 2002-00409 Subject Property Date: January 13, 2003 Scale: 1" = 200' Requested By: CITY OF ANAHEIM Q.S. No. 33 REQUEST TO INITIATE A GENERAL PLAN AMENDMENT TO AMEND THE LAND USE ELEMENT OF THE GENERAL PLAN TO REDESIGNATE THIS PROPERTY FROM THE GENERAL COMMERCIAL LAND USE DESI GNATION TO THE LOW-MED IUM DENSITY RESIDENTIAL LAND USE DESIGNATION. No City-assigned address 549 R&R ITEM N0. 1-A (I) UI I BAKER AVENUE AVONDALE PL W m x o 2 ~ rii ¢~Q F h O NW '^ Q (rU0 f ~'" W R 7 K m K S 0 W ou~ N ~~ y~J ~U~ K~ W O K 4 2 F N K W m e III General Plan Amendment No. 2002-00408 f~ ~„~ Subject Property -~~ ~`>~ Portion A Date: January 13, 2003 <:r ;3';<. Subject Property Scale: Graphic Requested ey: CITY OF ANAHEIM Portion B Q.S. No. 23 REQUEST TO INITIATE A GENERAL PLAN AMENDMENT TO REDESIGNATE SEVERAL PROPERTIES FROM THE LOW DENSITY RESIDENTIAL LAND USE DESIGNATION TO THE LOW-MEDIUM DENSITY RESIDENTIAL LAND USE DESIGNATION. No City-assigned address saa PORTIOP K '} Q "~ t 3 DU m C6~^ ~~~ HOUSTON AVENUE R&R ITEM N0. 1-B RM-1200 s1-sz-sz V-1794 V-1744 CASA BONITA 71 DU RM-120p ssao-za CASA BELINDA 91 DU RS-A-03,000 CUP 1897 CUP 3636 LOWE ELEM. SCHOOL (CLOSED) POLK AVE RS-i 1 DUI 8 CL TPM NO. 2001-160 5DU RM-1200 5DU CUP 9B3 77-78-21 CL 9E CUP 955 69-70.28 mmx mmm~ 62-63-19 61 V-7794 5DU (R es. oFlnt. to CL) 5DU ~rinrc ~m emu AA NO. 159 ^P°m° 5E ^ V4744 V-2971 C1pa~ V~~NLL PROF. OFFICES um~ GRANADA INN o] 1pUU fO>~O °'~"u v'u EIF 4DU O~ 4DU 77-72-04 (Res. of lnt. to Cy REST. A~ 71-72-2 CHURCH D (Res. of lnl. to RS-A-43,000) - i LINCOLN AVENUE vncANr - seo~ 300 CL r ` J IS i 9&99-11 62-6128 ` o U °o v o F .4 CUP 3429 F y r~ / ~, ~ 4,., rv ~ CUP 36] VAR 4041 ~' :1 r pNCN Q^o ~ `~ ~ ~ r ~ f ~ p W VACANT ~ ~ ~ r ~ ~ , N ~ D: ~ CL 77.78-23 , ,. ,.,~~,„_w r ,,, 98-99-11 x' ~ CUP 1999 CL UP 29 W AA NO. 78 CL ~ C 4 00 SHOPPING CENTER 77-78-23 RCL 2001-00063 CUP 307 c '1 CUP 1999 98-99-11 °m '. RCL 2003-00093 ~ SHOPPING u ~-~-28 l VAR 4041 CENTER CUP 3429 ~! EIR N0.319 CUP 2053 ':FURNITURE STORE CL CUP 307 VAR 4041 ~ ' ~` ' ; 77-78-23 GPA 139 ,, " ' GUP 4085 T : ' CUP 1999 VACANT ~ ~ ; , RS-A-43,000 5 / ~ '.~ 5 RS-7200 0 RS-7200 1 DU EACH Z g 1 DU EACH RS-A-43,OOo CUP 287] v-zzn PRIVATE SCHOOL TRANSIT AVENUE Reclassification No. 2003-00093 Subject Property Date: January 13, 2003 Scale: Graphic Requested By: ANAHEIM REDEVELOPMENT AGENCY Q:S. No. 33 A CITY (COMMUNITY DEVELOPMENT DEPARTMENT) REQUEST FOR PLANNING COMMISSION INITIATION OF A RECLASSIFICATION FROM THE CL (Commercial, Limited) ZONE TO THE RM-3000 (Residential, Multiple-Family) ZONE OR A LESS INTENSE ZONE. 2300 West Lincoln Avenue sso ATTACHMENT - R&" 1-B MEMORANDUM CITI( OF ANAHEIM Community Development Department DATE: January 13, 2003 TO: Planning Commission FROM: ~: Elisa StipRovich, Executive Director SUBJECT: ('REQUEST FOR INITIATION OF A ZONE RECLASSIFICATION FOR THE PROPERTY AT 2300 WEST LINCOLN AVENUE (INFORMATION ONLY) On November 19, 2001, the Planning Commission initially heard the City initiated request for a General Plan Amendment and Zone Reclassification for 2300 West Lincoln (Daniel's Furniture site). The proposed General Plan Land Use designation was Low-Medium Density Residential and the proposed reclassification was RM-3000. The current General Plan Land Use designation for this site is General Commercial and the current zoning is CL (Commercial Limited). The zone reclassification request will accommodate the development of residential units on both the otd Home Depot Parking Lot site and Daniel's Furniture site at a density of approximately 10 to 13 dwelling units per acre. The City, through the West Anaheim Vision Plan, is proposing development of housing in West Anaheim that will include homeownership opportunities for existing and future Anaheim residents. In-fill housing development opportunities such as this site provide one opportunity for new housing since West Anaheim is substantially developed with existing uses. The West Anaheim Vision Plan proposes developing housing by converting marginally performing commercial uses into housing opportunity sites. By consolidating mid-block commercial uses to major intersections, commercial property values increase, creating opportunities for more desirable commercial uses. In addition, land is available for the development of new housing. The West Anaheim Vision Plan, which has been approved by the Planning Commission, City Council and West Anaheim Vision Plan participants, identifies the Daniel's Furniture property as being a candidate for conversion to residential, as is most mid-block commercial properties on major corridors. Finally, Anaheim has a State requirement to provide new housing. The subject site (Daniel's Furniture), at 4.6 acres, in tandem with the former Home Depot site provides for the development of substantial new housing opportunities. The density proposed for Planning Commission January 13, 2003 Page 2 this and other sites, which is 10 to 13 dwelling units per acre, provides for home ownership opportunities. Staff requests the reclassification of the Daniel's parcel to I_ow-Medium Residential as proposed in the West Anaheim Vision Plan. Should you have any questions, please contact me at extension 4332.. Thank you. F:\0005140MIN\MEMOS\OdM21 WA.000 I TEtt N0. 2 ML RCL 53-54-19 ADJ 2002-00226 SMALL INDUSTRIAL FIRMS RM-3000 RCL 9&99-11 RCL 95-96-05 RCL 87-68-24 RCL 63-64-117 RCL 53-54-17 CUP 3068 ADJ 123 CONDOMINIUMS ML 53-54-19 V-3404 SMALL IND. FIRMS w w ~ RM-1200 y RCL 69-70-27 RCL 53-54-19 ML ~ VAR 2204 RCL 53-54-19 VAR 2141 SMALL IND. APARTMENTS FIRMS ~ 104 DU Q ` .-_ . ~ 3 ' ~ ~ ~ ~ RCL 92 93-04 RCL 67-68-26 ~ w RCL 66-67 14 , _ i' N RCL 53 54-19 CUP 2002-04626 `- % w ~ Q CUP 3569 U u > CUP 3104 VAR 3615 VAR 2476 J VAR 2355 S i VAR 1945 S CL RCL 68-69-53 RESTAURANT PENHALL COMP. PENHALL,WAY ML 72-73-27 53-54-19 SMALL IND. FIRMS SMALL COMMERCIAL SHOPS 8 OFFICES CL 65-66-52 ~ 53-54-19 ~ CUP 3034 m 751'- LINCOLN AVENUE a 1 DU EACH x w Conditional Use Permit No. 2002-04626 = RS-A- ~ 3 ~ ~ 43;000 84 85-36 90 81- 3 -+ ~ o V-462 V-3485 (Res of Inl. ~ MED. MEDICAL to CO) VAR 4088 CENTE OFFICES ME DICAL OFFICE: " Subject Property Date: November 18, 2002 Scale: 1" = 200' Requested By: NEVADA INVESTMENT HOLDINGS, INC. Q.S. No. 46 REQUEST TO PERMIT AND RETAIN AN EXISTING AUTOMOTIVE REPAIR AND PARTS INSTALLATION FACILITY. 1891-1899 West Lincoln Avenue -Target Shopping Center a7o Staff Report to the Planning Commissioh January 13, 2003 Item No 2 2a CEQA NEGATIVE bECLARATION (Motion forbontinuance) 2b.`> CONDITIONAL USE PERMIT NO. 2002-04626 SITE LOCATION AND DESCRIPTION: (1) This rectangularly-shaped, 10.46-acre property is located at the northeast eorner of Lincoln Avenue antl Muller Street, having frontages of 751 feet on the riorth side of Lincoln Avenue, 545 feet ort the easf side of Muller Street, end 544 feet on the west side of Crescent Way (1891-1899 West Lincbin Avenue - Target Shopping Center). REQUEST: (2) The petitioner requests approval'of a conditional use permit under the authority of Code Section 18:44.050.085 to permit end retain'en existing automotive repair and parts '.installation facility. rBACKGROUND; i 1 (3) The property is currently developed with a 119,700 square foot, single tenant retail store with an outdoor garden center (Target), a 7,550 square-foot automobile repair and installation center, ahd a 5,000 square foof multi-tenant commercial retail' building. The property is zoned CG'(Commercial, General) and islocated within the Plaza Project 'Redevelopment Project Area. The Anaheim General Plan Land Use Map designates the property forGeneral Commercial land uses. i (4) At the request of the petitioner, this item was continued from the November 18, 2002, meeting in `order to allow the petitioner time to addresses issues'pertaining to the remodel and upgrade of the automotive facility. The petitioner;. Keith Francis, has`submitted the attached letter, dated January 2,.2003, requesting an edditional'continuance to the January 27, 2003, Planning Commission meeting in order to allow more time to continue working on tFie issues!' RECOMMENDATION: (5) That the Commission, by motion, continue this item to the January 27, 2003, meeting. Sr8475(2)jr .'.Page 1 TRN 82 '03 09:SBRM SUNBELT PROPERTY MRNA6EMENT CO.HiiH~~nrni - iitri rvu. ~ F 1/1 SLJN~E~T MANAGEMENT C®MPANY° VIA FACSIAAILE AND U.S. PAAIL (?14) 765.5280 January 2, 2003 Mr. John Ramirez Planning Department CRY OF ANAHEIFA 200 South Anaheim 81vd. Anaheim, CA 92805 RE: #220 ANAHEIfl9 CONDITIONAL USE PERMIT A-1 AUTO SERVICE Dear John: ~.~~ ~e~~W aw® ~,. Cs~~~ .,?,~ Please accept this letter as out request to continue the Conditional Use Pemtit #2002-04626 processing from the proposed January 13, 2003 hearing date to that of January Z7, 2003. S~in/~erely~ ~ Keith Francis KF:ct cc: Michael W. Holmes Robert E_ Griffin Christian A. Young H'~CTKFW22W R Iff. C,U.P. F7 Oulo Service. OY-02-03.doc "DOING BUSINESS IN CAUFORNIAAS S.INBELT PROPERTY MANAGEMENT COMPANY TELEPHONE 559-149D ,5405 MOREHOUSE DRNE,SUITE?50 SAN DIEGO,CA 921ZI ° FACSIMILE ~ 554-1985 r TEN tJO. 3 I I I I I I I ~ I ~ ~ RS-A-03,000 GLEN HOLLY OR a ~ 1 OU ~~ RS-7200 ~ ~ p RS-A-43,000 1 DU EACH ,- 7 DU ~..... -. RS-7200 1 DU EACH RS-7200 RM-2400 1 DU EACH RCL 77-78.12 . APARTMENTS DEERW000 DR DEERWOOD DR o RS-A-43,000 RS-7200 °om rnN vm n0 NURSERY ~-- RS-7200 ® ~m ~ ~ RS-A-03 000 a o mm °o n~ °i 10U EACH NnmO ' .Z P:DU EACH , ~ cO1Om~ rv ~ Np CUP 537 NTN . ~ ~D ~ ma ~~¢O a a ryry CHURCH ~J J~iV ~J7 ¢N n U>U CL RM-1200 ~UUU ~UU> na Bo-9P3t ~ cuF ale RCL fi2~fi3~30 RCL 91-B2-Ofi VAR 3327 ~~ ~ V4R ]w] MEDICAL LOCAL UNION CUP 3481 CONDOS ~ OFFicES OFFICE tao 393 ~ BALL ROAD I ' ` '' {> "' CL MEDICAL ARTS 3,y ' v ~ ~ RM-3000 RM-3000 u~ RCL CENTER , r ~ ~ TTM 16430 :':t ~ ~', L o RCL 89-90-57 ~ RC I x ~.z ~ RCL 89 90 57 r O N VAR 4752 s ~ ~ ~ a .> s CUP 2002A4827 ~ > ~ VAR 4094 $ o ~ v p w < 1 DU ~ 0 VAR 4063 ~.w w ~ r Z rn> > n' ~aa `r'i - ~ m ~ ~ r ` ~ ~ n RCL . - x 0 RS-720 ~ ® RS-7200 p t DU EACH 7 DU EACH { CL Rcls4-s5-e4 RAVENSWOOD DR CUP 2002-04595 = CUP 3493 °oU ~ ~ ~ CUP 265 ~ RS-7200 p VAR 3859 ANAHEIM GENERAL N ~ s p 1 DU EACH O R6-7200 HOSPITAL ~ 1 DU EACH W J m LANEROSE DR I I I Conditional Use Permit No. 2002-04627 Subject Property f Tentative Tract Map No. 16430 Date; November 18, 2002 Scale: 1" = 200' Requested By: C LADA M. PLETZ Q.S. No. 7 REQUEST TO CONSTRUCT A 21-UNIT DETACHED ONE-FAMILY RESIDENTIAL CONDOMINIUM SUBDIVISION WITH WAIVERS OF: (A) MINIMUM PRIVATE STREET STANDARD (B) MAXIMUM FENCE HEIGHT (C) MAXIMUM STRUCTURAL HEIGHT ADJACENT TO ASINGLE-FAMILY RESIDENTIAL ZONE (D) MINIMUM STRUCTURAL SETBACK ABUTTING AN ARTERIAL HIGHWAY (E) MINIMUM LANDSCAPED SETBACK ADJACENT TO A SINGLE-FAMILY RESIDENTIAL ZONE (F) MINIMUM DISTANCE BETWEEN BUILDING WALLS REQUEST TO ESTABLISH A 6-LOT, 21-UNIT AIRSPACE DETACHED RESIDENTIAL CONDOMINIUM SUBDIVISION. 33D2 West Ball Road 469(2002-11-15) Staff Report to the Planning Commission January 13, 2003 Item No. 3 _ REVISED 01/13/03 3a. i CEQANEGATIVEDECLARATION (Motion) 3b.; WAIVER OF CODE'REQUIREMENT (Motion) 3c. ` CONDITIONAL USE PERMIT NOS 2002-04627 (Resolution) 3d.' `TENTATIVE TRACT MAP NO. 16430 (Motion) SITE LOCATION AND DESCRIPTION: (1) This rectangularly-shaped, 2.5'-acre prop erty has a frontage of$93 feet oh the south side of Ball Road'; a maximum depth df 270 feefand is located 140 feet east df the centerline of Oakhaven Drive (3302 West Ball Road). 'Advertised as 2.4 acres. REQUEST: (2) The petitioner requests approval of the following: Conditional Use Permit No. 2002-04627 - to construct a 21-unit detached'one-family residential condominium subdivision under the authority of Code Section 18.31.050:090 with .'waivers of the following: (a) SECTION NO. 17.08.065.020 Minimumorivate street standard. l45 foot street width' with sidewalks on both'sides of the street required;'41 foot street with proposed with no sidewalk on the south side of lot one proposed). (b) SECTION NOS, 18.04:0043.100 'Maximum fence height (3-foot high fence: AND 18.31.064 l permitted; 6-foot High fence proposed). (c) SECTION NO. 18.31.062.012 ° Maximum'structural height adjacent to a "single- `: familVresidential zdhe (i-SfONpermitted within 50 `feet of alsingle-family residential zone boundary; 2-; ` std dwelling units within 10A to 19.5 feet of the '' 'single-family zone boundary).' (d) SECTION NO. 18.31.063.011 r Minimumstructuraf setback abutting an arterial hidhwav 20-foot wide setback`adjacent to Ball r Rcad required; 7 to' 12-foot wide setbackproposed) (e) SECTION NOS: 18.31.063:021 Minimum distance between building walls 18'.31.063:022 ! (11 feeF~equired 6elween building walls; 9- AND 18:37.063:023 ' 10 feet proposed). (f) SECTION NO. 1$.31.063.024 Minimum landscaped setback'adiacent to a ' single-family residential zone (20-foot landscaped setbackwith one'tree planted per 20 lineal feet required] 10.4 to 19:5-foot settiack proposed). sr1106cw(2) Page'1 Staff Report to the Planning Commission January 13, 201)3 Item No. 3 Tentative Tract Mao No. 16412 - to establish a 6-lot, 21-unit detached airspace detached residential condominium'subdivision BACKGROUND: (3) This item was continued from the November 18, 2002, Planning Commission meeting at the request of the Commission in order to have the applicant meet with the community regarding project concerns. (4) This property is developed with asingle-family home and has been zoned RM3000 (Residential,.Multiple-Family) since August 14 1990. This site is located in the West Anaheim Commercial Corridors Redevelopment Project Area and the Anaheim General Plan Land Use Element Map designates this site for Low-Medium Density. Residential land uses! (5) Surrounding land uses are as follows: Direction Land Use .:Zoning !; General Plan Desi nation North across Ball Road Commercial and CL and RM-1200 General Commercial': Condominiums Low-Medium Density East f Condominiums RM-3000 Residential South Sin le-Famil Homes ' RS-7200 Low Densi Residential .West Sin le-Famil Homes RS-7200 Low Densi Residential PREVIOUSZONING ACTIONS: (6) There are no previous zoning actions pertaining td this property. DEVELOPMENT PROPOSAL: (7) The petitioner proposes to construct a t3-lot (fourJettered lots for street dedication, landscape maintenance and;,private street maintenance and'two numbered lots for the detached condominiums), 21-unit detached airspace condominiumsubdivision: The site plan (Exhibit No. 1) and tentative tract map indicate: the following: Development Standards. Proposed Project RM~3000 Zone Standards Site Area 2a7acres 108,900 s uare feet =N/A Numberbf Dwellih Units 21' dweilin Lnlts 36 units max. Avers a Land Area er Unit 4j127s uare feet' > 3,000 s.f er unit min. Lot Covers a 19% 40% max: Average Recreation/Leisure Area` er Dwellin' Unit 1;214 s.f. per'unit 25;494 s uare feet total 1,000. s.f: per unit min. i (21,000 s.f. totap Average land areper unit does not include private street (Lot A). (8) ; The site plan and. tentative map indicate the following site characteristics: Page 2 Staff Report o the Planning Commission January 13, 2003 item No. 3 Direction :.Proposed Structural Setbacks Code-Required Structural Adjacent Zoning' Setbacks 7 feet to the 6-foof,high block. 15-25 feet (with an overall North adjacent to Ball wall; 12 feet to the structure'(20 average of 20 feet) fully! Road'+ trees with layered landscaping landscaped NIA ro osed East adjacent to' 12.3 to 19.5 feet condominium com lex no landsca in ro osed 11'feet RM-3000 South. adjacent to -10.4 to 19.5 feet 50 feet (for 2-story single-family (13 trees, no ground cover structures); 20 feet fully.:: residences ro osed landsca ed RS-7200 West`adjacent to 12.1 to 19'.2 feet 50 feet (fort-story single-family (20 trees, no ground cover ' structures);20 feet fully, residences ro osed landsca ed `RS-7200 No. of +Site Area Pro'bct ~~ `~onin Units r ~ nacres NetDensi erAcre": Pro osed'Pro'ect ' RM-3000 21 " '2.50 8.4 'Rib Vista 26 2.90 9.0 226-230 North Rio Vista RM-3000 Brandywine Development 12 1.3 9.2 820 S. Ma nolia Avenue RM-3000 Knott/Ball 18 2.1 8.6 832 South Knott Ave. RM-3000 Peppertree.Walk 68 5.67 11.9 1925 W. Lincoln Ave.:' RM-3000 ' ; 'Linhaven 60 6.3 9.5 2144 W. Lincoln Ave. RM-3000 `Cypress Infill 41 3.0 13.6 ::.NEC C ress St.B Olive St. RM-3000 Coffman 3 0.27 11.1 203 N. Coffman St. RM-2400 Lincolh/Brookhurst 57 6.25 9.1 1:12-218 S. Brookhurst,St. RM-3000 Code allows a maximum densitybf up to!14.5 dwelling units per: acre inthe RM-3000 Zone. Page 3' Staff Report to the Planning Commission January 13,2003 Item tJo. 3 (11) The floor plans (Exhibit Nosc 2 and 3) indicate 2-story units eonsisting of a family room, living rpom, dining room, kitchen, laundry/service room, and poach with attached 2-cad garage in'two models as follows: Plan ? No, of Units Living Area No. of First Floor (without garage) Bedrooms Second Floor i Bathrooms Total 1 9 4 555 square feet 4 Bedrooms 989 square feet " 2.5 Bathrooms 1,544 s care feet 2 12 628 square feet r 3 Bedrooms' 1,153 square feet ' 2.5 Bathrooms 1,781 s Lare feet 'The first floor plan foe Plan 2 (Exhibit No: 3) indicates an option for an additional: bedroom or den!: (12) Vehicular access is provided by a "U-shaped" private streef from Ball Road. The site plan indicates 93 parking spaces;availabiewlthin the subdivision; with 4 spaces provided for each unit (2 spaces within a garage and 2 in a driveway) and 9 street parking spaces: for guest parking (42 garage spaces and 51 open spaces).: Code requires a total of 74 parking spaces (42 covered) based on the requirement of 3.5 spaces fora 4-bedroom unit (3.5 x 21 units `= 73.5 spaces). Staff has accommodated the optional bedroom for Plan 2 when determining. the required number of spaces. The petitioner does riot propose any gates across the entry to the private;street. Plans indicate sidewalks on both sides of the U-shaped; street, except on the :south end of lot 1 (13)i Revised elevation drawings (Revision No, 1 of Exhibit Nos. 4, 4a, 5, 5a, 6 and 7) for the two models indicate four elevation themes; proposed.: throughout the subdivision. Plans indicate that all of the detached condominiums are2-story sttvctures with Spanish/Monterey or Craftsman Style architecture. Elevation`drawingsfnr Plan One A (Exhibit Nos. 4 and 4a) indicate concrete "s" the#oofs, stucco finished'exteriorwalis, wood'shutters, exposed rafters, and decorative'clay outlooks. Elevation drawings for Plan One B (Revision No. 1 of Exhibit Nos. 5 and Sa) indicate flat concrete file roofs, stucco finished exterior walls with stone banding and decorative window treatment. Elevation drawings for Plah'Two Craftsman (Revision No. 1 of Exhibit Nos. 6 and 7) indicate decorative window treatments; stone and wood columns to support the front porch. and stucco finished exterior walls. Plan Two Spanish Colonial (Revision No. 1 of Exhibit Nos. 6 and 7),indicate an arched entrance, wood shutter's, and decorative pipe accents-with stucco finished exterior walls, Revised plans indieate that all units proposed along`the south property line (units 4-12 adjacent tosingle family residences) are. Plan One, which has been designed with small high windows on the rear elevation. Revised plans also indieate that three of the homes (units 5, 6 and 11), which are oriented to side onto the property line adjacent to the single-family residences, would have obscure' glass windows on the?side elevation. Finally, revised plans also indicate modifications to the rear elevations of units 1 j2 and 3 (adjacent to the westproperty line), which include' obscure glass on the two`eight-paned windows and replacing the opposite eight-paned window with a smaller four-paned window. These alterations would only apply to the three Plan Two units that abut single-family homes along the west property line. The revised plans indicate that all windows on the rear elevation of the homes+along the" south and west property have decorative banding and; framing. '; Page:: 4 Staff Report to the Planning Commission January 13, 2003 item No. 3 (14) The applicant has submitted a landscape'plan (Exhibit No. 8) which indicates twenty (20) 36-inchbox Crape Myrtle Trees (Lagerstomia)to be planted along: Ball Raad. Code requires a minimum of 1 tree per 20 lineal feet of frontage fora total of'20 trees{ The plan also indicates twenty-six (26) 24-inch box Camphor Trees (Cinnamomum camphora) along the private street (within the front;yards) of the subdivision; twenty- four (24)-inch box Carolina Laurel Cherry Trees (Prunus caroliniana) to be planted in between the detached condominium units; thirteen;(13) 24-inch box Afghan Pine Trees (Pious eladarica) within the rear yards of he homes abutting he single family homes along the west property line (units 1S) and twenty (20) 24-inch box Afghan Pine(Trees (Pious eladarica) within the rearyards of the homes abutting he single family homes to the south. The plan also indicates groundcover within the front yards along the';private dNve; however, groundcover is not shown in the rear yards. The applicant has indicated that it is their preference to allow the future homeowner to landscape and maintain the rear yards.: Code requires treeson 20-foot centers`and a 26 foot wide fully landscaped setback adjacent to a'single-family residential aonei boundary for a total of 20 trees along the south property line and 13 trees along the west property line. ENVIRONMENTAL IMPACTANALYSIS: (15) 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 ahd, therefore., recommends that a Negative Declaration be'approved;upon afinding by the. Planning Commission that the fegative 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 furtherflnding 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. GROWTH MANAGEMENT ELEMENT ANALYSIS: (16) The proposed project has been reviewed by affected City departments to determine whether it conforms with the City's Growth',Management Elemenfadoptetlbylhe City Council odMarch 17 1992. Based on City staff review of the proposedproject, it'has been determined that this project does: not fit within the scope necessary to require a Growth Management Element analysis, therefore, noianalysis has been performed. EVALUATION: (17) The Anaheim General Plan Land Use Element designates this property for Low-Medium Density landuses, wither density. range of 0 to 18 dwelling units per acre. The petitioner proposes 21 idetachedicondominium dwelling units at'a density of 8.4 dwelling units per acre (10.5 dwelling units excluding theprivate street). The'proposed detached condominium or "small lot, single-family".development proposal would tie compatible with the existing residential developments to the south and west (single-family residences zoned RS-7200) and the condominium complex to the east (RM-3000) of the property..; The project Is also consistent with the Low-Medium Density Residential land use designation for the site. (18) Detached one-family dwellings (detached condominiums) are permitted in the RM-3000 Zone, subject to the approvaiof a conditional use permit. Page 5 Staff Report to the Planning Commission January 13; 2003 Item No. 3 (19)' Wavier (a) pertains to minimum private street standards. Public Works Engineering Detail tJo. 122 requires a sheet width'of 45 feetwith sidewalks on both: sides ofithe street Plans indicate a stree8width of'41 feet withino sidewalk proposetl at the southerly portion of Lof 1. The Public Works Department does notobject to this waiver because no units front on this portion of the street and this portion does not provide access to a unit. (20) Waiver(b) pertains maximum fence height. Codepermits a 3-foot high fence within the front yard setback. Plans indicateta 6-foot fifgh block wall setback 7 feet from Bali Road. The project has been designed with four units siding onto BaII Road and proposed a 6-foot block wolf td create a useable side yard for these units. Commission should note that if the site were developed with single-family ots siding'onto Balf Road, a 6-foot high fence would be permitted within file side yard of these four units: Further, this waiverhas beemg~anted for'similar small lot single-family developments. StaffFecommends a~roval of this waiver. (21) Waivef (c) pertains to maximum structural height within 150'of asingle-family zone boundary. Code permits 1=story condominium dwelling unitswithin 50 feet of any single-family residential zone boundary. Plans indicate 2-SfOrv detached7esidences within 10 to 19 feet of the single- family residential zone boundary. This waiver does not apply to the units along the east property line because the adjacent zoning is multiple-family.'!Though these units`are classified as condominiums; the project is designed assingle-family residences'and the proposed rear yard setbacks of 1019 feet are consistent with tfie requirement of the RS-5000`Zone; therefore, staff recommends a roval`of this waiver. (22)', Wavled(d) pertains to minimum setback abutting an artertal highway. Code requires an average 20-foot wide landscape setback adjacent to Ball Road, with na setback of less than 15-feetwith trees`planted on 20-foot centers. Plans indicate'a 7-foot wide landscape setback to the 6-foot high :wall and a'12-foot setback for four of the proposed units, which'side onto: Ball Road: Commission may wish to note that single-family residences siding along Ball Road would be requiredito maintain a 5-foofsetback, similar to the propertyjust west of the site.:'. Further; this waiver has been granted for similar small lot single-familydevelopments. Staff recommends approval of this waiver. : (23)I Waiver (e) pertains to minimum distance between buildings:' Code requires a minimum distance of 11 feet between the building walls of the units: Plans indicate a 10-foot wide separation between most building walls and 9 feet betweehthe units in the southeast and southwest comers. Staff feels that under most single family zones the minimum setback for side yards is 5 feet and plans indicate a minimum of 10 between most units, which creates a 5 foot side yard for each unit: Staff recommends approval of this waiver.: (24)t Wavier (f) pertains to minimum landscaped setback abutting asingle-family residential zone. Code requires a 20-foot landscape setback with trees planted on 20-foot centers. adjacentto a single-family zoneboundary. Plans indicate a 10 to 19 foot wide setback for units. proposed' along the single-family zone: boundary (south and:west property lines). Staff feels that though the project is classifled as a detached'condominium subdivision, the design is that of a single- : family neighborhood. The plans propose 10-19 foot wide rear yards adjacent to he single-' i family boundary, which is similar to the'rear yard`sethack raquirementof the R5=5000 Zone. The applicant has submitted revised elevation drawings (discussed in paragraph no: 13) to demonstrate that all ofthe units along the south and west property lines are designed with small, highly placed or opaque windows'(except for one larger window as required for ingress-egress purposes), to eliminate the possibility for visual intrusion Page 6 Staff Report to the Planning Commission January 13 2003 Item No. 3 upon the existing residences. Staff recommends approval of this waiver because the project is designed with rear yards comparable with the RS-5000 Zone, the proposed landscape plan indicates the required trees to buffer the residences to the southand west, and the rear elevations of hese units have been modified to better accommodate for the privacy of the neighbors. (25) The proposed project would provide for ownership housing, in furtherance of the City's: Housing Element goals. The General Pian Land Use Map designates this property for Low- Medium Density Residential land uses and implementation of this project would be consistent with this designation. Though the request is for "detached condominiums", the proposal is designed with asingle-family character and would be at a densitylcompatible with other single- family residential developments in the area ' (26) The Commission should note that staff is expeditiously processing an ordinance to anticipate tfiis type of small-lot, single-family development. Staff feels that though the proposed developmentas classified as a detached condominium'subdivision, the project is compatible with the design and character ofsingle-family residences with 2-car garages; driveways, sidewalks, useable yards, individual trash pick-up and compatible density, The Commission may wish to note that under the RS-5000 zone, the maximum number of units would be 22 and this brobosal is to permit2l'detached uhitsUnder the RM-3000 zone. `! (27) The Commission should recall that at the previous Commission meeting on November 18 2002, opposition was voiced with regard to street improvements along Bail Road, grade differences required for drainage of the site,'privacy, dust and rodent control during construction and the definition of "detached condominium subdivision." The Commission should note that the developer, as requested by the Commission, met with WAND and neighbors o discuss concerns with the'proposal As a result of meeting with WAND the applicant has modified the elevation plans and proposed landscape plan to increase privacy and eliminate the potential'of visual'intrusion.' The Commission should'also note that grade differences required for appropriate drainage of the site, will be kept to an absolute minimum. Staff has also recommended conditions of approval to require the restriping of Ball Road to accommodate a'2-way left turn lane. (28) The project is located in the WestAnaheim Commercial Corridors Redevelopment Project Area. The Community Development Department has reviewed the proposal' and has recommended conditions of approval with regard to enhancement of the building elevations. FINDINGS: (29) When practical difficulties or unnecessary hardships result from strict enforcement of the Zoning Code, a modification may be granted for the purpose of assuring that no property, because of special circumstances' applicable to it, shall be deprived of privileges commonly enjoyed byother properties in thesame vicinity and zone. The sole purpose of any variance orcode waiver is to prevent discrimination and none snail be approved which would have the effect of granting a special privilege not shared byother similar properties. Therefore; before any variance or codewaiver is granted by the Planning Commission, it shalt be shown: Page 7' Staff Report to the Planning Commission January 13; 2003 Item No. 3 (a) That there are special circumstances applicable to the property such assize, shape, opography, location or surroundings, which do notapply 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. (30) Before the Planning Commission grants any conditicnal 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 notadversely affect the adjoining land uses and the growth 'and development of the area in which ittis proposed.to be located; (c) <That the size and shape of the site for the proposed. use is adequate to allow the full `development of the proposed use in a manner notdetrimental'to the particular area nor i 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 raffic 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. (31) 'The State Subdivision Map Act (Government Code, Section 66473.5) makes if mandatory to include in all motions approving, or recommending approval of a tract map, a specific finding that the proposed Subdivision together with its design andjimprovement is consistent with'the City's`General Plan. Further, the law requires that the Commission make any of the following findings when denying or recommendingdenial of a tract map::'.. 1. -That the proposed map is notconsistent with applicable General and Specific Plans. 2. `That the design or improvement of the proposed subdivisionis not consistent with' applicable General and Specific Plans.:'. 3. That the: site is nob physicallysuitable for the type of development, 4. 'That the site is notphysicallysuitablefnr the proposed density of development, 5. That the design of the subdivision or the. proposed improvements are likely to cause substantial environmental damage or substantiallyjand avoidably injure fish or wildlife or their habitat. 6. That the design of the subdivision or the type of improvements is likely to cause serious'public health problems. Page 8 7 RECOMME (32) ; Staf mee evil `heal (a) (b) (c) a manner not bdivision would no[_ signed and Staff Report to the Planning Commission January 13, 2003 Item. No. 3 (v) That the granting of this conditional use permit, under the conditions imposed, would not be detrimental to the peace, heath, safety,: and general welfare of the citizens'of the City of Anaheim. (d) By motion, aoorove Tentative Tract Map No. 16430 to establish a 6-lot, 21-unit detached residential airspace condominium subdivision since the design and improvement of the proposed subdivision would' be consistent with the General Plan land use designation of Low-Medium Density Residential ':THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS AN 'INTERDEPARTMENTAL"COMMITTEEAND'ARE RECOMMENDED FOR ADOPTION' BY THE PLANNING COMMISSION IN THE EVENTTHATTHIS PERMIT IS APPROVED. 1. That the City of Anaheim sewer connection and sewer capacity mitigation fee for the West Anaheim area shall be paid. 2. That all backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets:: Any backflow assemblies currently installed in a vault sfiall be brought up to current standards. Any other large water system equipment shall be installed tothe satisfaction of the Water Engineeringi Division in'either underground vaults or outside of the street setback areas in a manneFfully screened from all public streets and alleys. Said information sllall be shown on plans and approved by Water Engineering and Cross Connection Control Inspector before submittal for building permits. 3. That since this project has landscaping area exceeding2,500 square feet, a separate irrigation meter sftall be installed and sfiall complyiwith CityOrdinanceNo. 5349 and Chapter 10.19 ofthe Anaheim Municipal Code. Said information shall be shown on plans submitted for building permits. 4. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonment of existing water services and fire Ifnes, shall be coordinated hrough Water Engineering pivision of the Anaheim Public Utilities Department. 5. That gates shall not be installed across any driveway or private street in a manner which may adversely affect vehicular traffic in a adjacent public street. Installation of'any gates shall conform to Engineering Standard Pian N¢' 609 and shall be subject to the review and approval of the City.: Traffic and Transportation Manager. Said infomtation`shall be spaciflcaily shown on plans submitted , for building permits. 6. That an on-site trash truck tum-around area shall be provided per Engineering Standard Detail No. 610 and maintained to ne satisfaction of the Public Works Department, Streets and Sanitation Division. Said tum-around area shall be specifically shown on plans submitted for building permits. 7. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation bivision and' in accordance with!approved plans on file with said Department. That a plan shall be submitted to the Public Works Department, Sanitation Division, showing the storage and'collection areas for three (3) automated trash barrels for eachllot (total of 63 barrels). 8. That prior to application for water meters, fire line or submitting the water improvement plans for' approval, the developer/owner sftail submif to the Public Utilities Water Ehgineering bNision an Page 10 Staff Report to the Planning Commission Jahuary 13;2003 Item No. 3 estimate'of the maximum fire flow rate and maximum day and peak hour water demands for"the project. This information will be used to determine the adequacy of the existing water system,to ' provide the estimated water demands. Any off-sitewater system improvements required`to serve the project shall occur in accordance with Rule No 15A.6 of the WaterUtility Rates, Rules and Regulations. 9. `That the property owner/developer shalCinstall street lights on Ball Road. and within the project as required by the Electrical Engineering Division. A tiond for the installation of the street lights`shall be posted with the City of Anaheim prior to Issuance of building permits. The street lights shall'be installed prior to occupancy, 10: That the'locations for future above-ground utility devices including, but not limited to, electrical transformers, water backflowdevices, gas, communications'and cable'iievices, 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.) and shall be subject to the reviewand approval of the: appropriate City departments. 11', That any required relocation of City electrical facilities shall be at the developer's expense. That landscape and/or nardscape'screening of all pad-mounted equipment shall be required and shall be shown on plans submitted for: building permits. 12i That roll-up garage'doors shall be shown on plans submitted for building permits. Said doors shall be installed and maintained as shown on submittetl plans. 13: That prior to rendering water service, the developer/owner snail submit a set of improvement plans for Putilic Utility Water Engineering review and approval in determining the conditions necessary for providing water service to the project. 14: That the'. streets, sanitary sewers, and storm drains within the'developmentshail be privately maintained. 15'. That all air conditioning facilities and other ground mounted equipment shall be properly shielded from view and the sound buffered from adjacent residential properties,: Such information sfiall be specifically shownon the plans submitted for building permits. 16. 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 specfcally shown on the'pians submitted for building permits. 17. That thee. property shall be permanently maintained in an orderly fashion by providing regular.' landscape maintenance, removal of trash or debris, and removal of graffiti within: twenty-four (24) hours from time of occurence. 1ti. That clothes washer and dryer hookups shall be incorporated. into each condominium dwelling unit and shall be shown on the plans submitted for building permits. 19. That this Conditional Use Permit is granted subject to approval and recordation of Tentative Tract Map No.16430, now pending. Page 11'' Staff Report to the Planning Commission January 13, 2003' Item No. 3 20. 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, 3, 8 and Revision No. 1 of Exhibits 4 through 7 as conditioned herein. 21. That final elevation plans showing additional architectural enhancements to the elevations facing Ball Road shall be submitted to the Zoning Division for review and approval. Any decisiorotry the Zoning Division may tie appealed to the Planning Commission or City Couhcil. 22, 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 5, 6, 7, 9 10, 11, 12, 15, 16;:18, 19 ahd'21, above-mentioned, shall.be complied with, Extensions for further time to complete said'conditions' may be grantetl in accordance with Section 18.03.090 of the Anafteim Municipal Code„ 23. That prior to final building and zoning inspections, Condition No. 20, above-mentioned, shall be complied with; 24. 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 requestregarding any other. applicable'ordinance; regulation or requirement. THE FOLLOWING CONDITIONS ARE SUBMITTED 8Y VARIOUS CITY DEPARTMENTS ACTING AS AN INTERDEPARTMENTAL COMMITTEE'AND ARE RECOMMENDED FOR ADOPTION BY THEPLANNING COMMISSION IN THE EVENT THAT TENTATIVE TRACTMAP NO.'16430 15APPROVED. s; ~ 1. That the property owner/developer shall provltle the City of Anaheim with a public utilities easement to be determined as electrical design is completed. 2. That the legal'property owner shall irrevocably offer to dedicate to the City of Anaheim (Water Engineering pivision) an' easement twenty (20) feet in width for water service: mains and/or an easement for large meters and other public water facilities. 3. That ail condominium units shall be assigned treat addresses and that the street name for the private streef(if requested by the developer or required'by the City) shall be'submitted to and approved by he Building Division. 4. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim, on a final map, an easement 53 feet from the centerline of Ball Road. 5. That prior to approval of.the final map or grading plan, the developer shall submit a Water Quality. Management Plan (WQMP) specifically identifying the post construction best management practices that will be used on-site to control predictablepollutants from stormwater runoff. The WQMP shall be submitted to the Public Works Department, Development Services Division for review and approval. 6. That prior to fihal map approval, a maintenahce covenant shall be submitted to the Subdivision Section and approved by the CityAttomey's;office. The'covenanfshall include provisions for maintenance of common area landscaping, perimeter walls and private facilities, including compliance with approved Water Quality Management Pian and atnaintenance exhibif The covenant stiall be recorded concurrently with'the final map. Page 12 Staff Report to the Planning Commission January 13,:2003 Item No. 3 7. `.That BaII Road shall`be widened to conform to secondary arterial highway standards per Standard '` Detail No 101. Street improvement plans shall be submitted to the Putilic Works. Department for review and approval: A bond shall be posted prior to approva(of the final. map. 8. ' That a tract map to record the'division ofsubject property shall be submitted to and approvedby the City of ArTaheim and shall then be recorded in the Office of the Orange County Recorder. 9. That prior to final tract map approval, Conditional Use Permit No. 2002-04327 shalt be granted. 10: That prior to final tract map approval the fees associated with~estriping Ball Road to incorporate a two way eft tum lahe (to the satisfaction of the Traffic and Transportatioh Manager) shall bepaid. 11. That the existing drainage easement shall be abandoned (to the satisfaction of the Public Works Department, Development Services Division. 12i That prior to final tract map approval, Condition Nos. 1, 2, 3, 4 5, 6, 7, 8 9, 10 and 11, above- mentioned, shall be complied with. 13 That 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 FederaLYegulations. Approval does not include any action'or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. ..Page 13 r September 30, 2002 fames Pendergast, P.E. Senior Project Manager BV Engineering One Corporate Pazk, Suite 101 Irvine, CA 92606 RE: Tract No. 16430, City of Anaheim Dear Mr. Pendergast:. This letter is in response to your request that the Anaheim Union High School District provide you with certain information relating to school facilities that might potentially serve your subdivision, Tract No. 16430 >n the City of Anaheim Tract 16430 falls within the current attendance boundaries of Western High School (grades 9-12) and ChangeviewJr. High School (grades 7-8). However, due to enrollment growth in many areas of the District, future boundary changes maybe necessary Therefore we wish to advise you that, as of the date of this letter, the Board of Trustees of the Anaheim Union Hrgh School District has made no determination as to which of iu school facilities might be available to serve Tract 16329 at the time of the subdivision's completion and occupancy. If you have any questions, please call me at (714) 999-2188. Sincerely, Gordon Getchel Director Facilities & Plattning je Facilities and Planning 501 Crescent Way • Posc Office Box 3520 Anaheim • California 92803.3520 Tel: 714.999.2188 Fax: 714.520-5741 SUP N0. 200 ~ 0 4 62 7 06-13-2002 15:41 FROM-SAVANNA SCH~nI DISTRICT 714-621-5073 T-663 P.002/002 F-4T6 ATTACHMENT - ITEM N0.3 CITY OF ANAHEIM. CALIFORNIA Planning Department NOTIFICATION OF PROPOSED I2E5IDENTIAL DEVELOPMENT Date: September 13, 2002 An application has been submitted to the City of Anaheim Planning Department to construct a yL_-unit resideniial project at: _3302 West Ball Aoad ^ Apartment Project (Number) (Street) X^ Condominium Project (Detached) Anaheim CA 92804 (City) (Zip Code) ^ Single-family residential The aforementioned projectfs scheduled to be reviewed at the 11-04-02 Planning Commission hearing. Approval/denial or continuance of the development will be determined at the public hearing. Please attach any comments you may have concerning the proposed development and sign this form so that the Planning Department is assured that the School District has been properly notified of this project. If you have any questions that cannot be addressed by the applicant, please feel free to contact our offtce at (714) 765-5139, \ ~/~~ C {Authorized District Representative) ~rd~//Q A~il/~ SGad J 15i. (school District) ~I ~ D } ate City of Anaheim Planning Department 200 South Anaheim Boulevard P.O. Box 3322 Anaheim, CA 92803 Phone (714) 765-5139 FAX (714) 765-5280 dcdmninF/~':~oaldeihr ruo nln ~nm _ n t~ ~ ~ 7 ATTACHMENT - ITEM NQ. 3 MEMORANDUM CITY OF ANAHEIM DATE: November 13, 2002 TO: Charity Wagner, Assistant Planner FROM: Andy Nogal, Project Manager SUBJECT: Proposed 21 Unit Single-Family Detached Condominium Project At your request, we have reviewed the proposed 21-unit single-family detached condominium project for the property located at 3302 W. Ball Road. The review of the plans was conducted by both Community Development staff and the Agency's architectural consultant, Steven W. Wraight, AIA. The design review recommendations from Steven Wraight are attached for your review. We find Mr. Wraight's comments to be appropriate and recommend that the Planning Commission consider the implementation of both Mr. Wraight's comments and the Community Development Department's comments in the final project design. The Community Development Department's comments are as follows:. Site Design • To the extent possible the Olson Company (the "Developer') shall explore providing two separate access points from Ball Road to the site with each access road terminating with a cul-de-lac in order to eliminate the flag lots.... Elevations Plan 1 - "A" Elevation Front Elevation: ® Provide additional architectural treatment to include the following: 1. Install raised stucco wainscot with stucco trim cap along portions of the front elevation and return along portions of the right and left side elevations.. 2. Provide decorative pre-cast concrete ar stucco head moldings over certain windows and at front porch arched entry.. 3. All front windows shall be inset. 4. Provide a decorative sectional roll-up garage door with windows..... 5. Provide decorative light fixtures and main entry and adjacent to garage door. 6. Roof the shall be two-piece mission barrel '1 Charity Wagner - 3302 W. Ball Road November 13, 2002 Page 2 1 ® Right Side Elevation: 1. Provide raised stucco wainscot with stucco trim cap along a portion of the side elevation up to the garage ehtry door. 2. Provide a horizohtal stucco band-mid-part of the side elevation to break-up the mass of the building. 3. Incorporate a raised stucco wainscot with stucco trim cap at entry area. ® Left Side Elevation: 1. Incorporate a raised stucco wainscot with stucco trim cap along a portion of the side elevation. 2. Provide a horizontal stucco band along a portion of the side elevation. 3. Install decorative stucco window sills. Plan 1 - "B" Elevation 1. Install a horizontal stucco band along a portion of the fronf elevationand return the full length of the right side elevation. 2. All windows shall be inset and include a decorative stucco sill 3. Install decorative light fixtures at main entry and adjacent to garage door. 4. Garage door shall be decorative section roll-up with windows. ® Right Side Elevation: 1. Incorporate .raised stucco wainscot with stucco trim cap along a portion of the .side elevation. 2. Install a horizontal stucco band .along the full length of the side elevation. 3. All windows shall include a decorative stucco sill. 4. Install a raised stucco wainscot with stucco trim cap along entry area.. ® Left Side Elevation: 1. Incorporate a raised stucco wainscot with stucco trim cap along a portion of the side elevation up to the chimney. 2. Install a horizontal stucco band along a portion of the side elevation. 3. All windows shall include a decorative stucco sill Plan 2 (3) - "Spanish Colonial" Elevation Front Elevation: 1. Install raised stucco wainscot with stucco trim cap along portions of the front elevation and return along portions of the right and left side elevations. F.~DOCSV.OMMN1EhIO5W N'_I I I'_b.000 -. _ 1 Charity Wagner 3302 W. Ball Road November 13, 2002 Page 3 2. Install raised stucco column base. 3. Provide decorative pre-cast concrete or smooth stucco trim around arches. 4. Install apre-cast concrete or smooth stucco head molding over secord floor windows: All windows shall be inset. 5. All window shall incorporate a stucco sill. The second floor center window shall incorporate a decorative wrought-iron railing. 6: Provides decorative sectional roll-up garage doorwith windows. 7. Provide decorative light fixtures at main entry and adjacent to garage door. 8. Roof the shall be two-piece mission barrel ® Right Side Elevation: 1. Incorporate a'raised stucco wainscot with stucco trim cap along a portion of the side elevation up to the garage pedestrian door: 2. Install a horizontal stucco band along the full length of the side elevation. 3. AlFwindows shall include a decorative stucco sill 4. Install a raised stucco wainscot with stucco trim cap along entry area. ® Left Side Elevation: 1. Incorporate raised stucco wainscot with stucco trim cap along a portion of the side elevation up to the second window. 2. Install a horizontal stucco band .along a portion of the side elevation. 3. All windows shall include a decorative stucco sill Plan 2 (3) - "Craftsman" Elevation Front Elevation: 1. Install a raised river rock wainscot with stucco trim cap along portions of the front elevation and return along portions of the right and left side elevations. 2. Install raised river rock column base. 3. Install decorative knee braces under porch gable end and at second floor gable end. 4. Provide a decorative sectional roll-up garage door with windows. 5. Provide decorative light fixtures at main entry and adjacent to garage door. 6. Install horizontal ship lap wood siding along front and full length of right and left side eleuations. 7. Install river rock at chimney. 8. Roof rafter tails shall be exposed with no fascia. The rafter tails shall be decorative in the Craftsman style of design. FADOC$\Aph1IMMEMpS\AN21 I 1?bDOC _, Charity Wagner - 3302 W. Ball Road November 13, 2002 Page 4 ® Right Side Elevation: 1. Incorporate a raised river rock wainscot with stucco trim cap along a portion of the side elevation up to the garage pedestrian door. 2. Install horizontal ship-lap wood siding" along the full length of the top fldor elevation. Vertical wood siding shall be installed under the gable end to match front elevation. 3. Install a raised river rock wainscot with stucco trim cap along entry area. ® Left Side Elevation: 1. Incorporate a raised river rock wainscot with stucco trim cap along a portion of the side elevation up to the second window. 2. Install horizontal ship lap wood siding along the full length of the top floor elevation. Vertical wood siding shall be installed under the gable end to match front elevation... Please find attached a copy of the written comments on the plans as provided by the Community Development .Department. If possible, I would recommend that we conduct a meeting between the Developer, Planning and Community Development staff to walk through ail of our site design and architectural issues_ Should you have any questions, please call me at extension 4568... Attachments F.IDOC5IADMINUIEMOSNN? I I I ib.DOC ~,^ PETITIONER'S STATEMEATT OF~TTACHt1ENT - I TEt1 NO JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAVER OF CODE SECTION: PERTAINING TO: ivlinimum to street cFCTION 4 (A separate statement is required for each Code waiver) Sections 18.03.040.030 and 15.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver maybe granted by the Zoning Administrator or Planning Commission, the following shall be shown: That [here 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 regazding the property for which a variance is sought, fully and as completely as possible. If you need additional space, you may attach additional pages. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundings? g Yes _ No. If your answer is "Yes;' describe the special circumstances: See Attached Are the special circumstances that apply to the property different from other properties in the vicinity which aze in thz same zone as your property? .~ Yes _ No If your answer is "yes," describe how the property is different: Sae Attached 3. Do the special circumstances applicable ro the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? TYes X No If your answer if "yes," describe the special circumstances: 4. Were the special circumstances created by causes beyond the control of [he property owner (or previous property owners)? _ Yes X No EXPLALN The sole purpose of any variance or -ode waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved which would have the ect of granting a special privilege not shazed by other property in the same vicinity and zon which is not otherwise expre y authorized by zone regulations governing subject property. Use variances aze not permitted. ~ d 9x17 ~a''" Signature of Property Owner or A thorize gent Date ~*'~ C'° CONDITIONAL USE PERMITNARIANCE NO. DECEht6ER 12, 2000 SUP fi10. 200't - 0 4 6 2 7 ~; _, 17.08.036 1. Rather than a high density "big building" condominium project., The Olson Company is attempting to build a project that resembles asingle-family project that will blend in with the single family development to the west and south of the project. The width of the subject property allows the opportunity to emulate the adjacent single family neighborhood. The configuration of the property requires that the project not have sidewalk on the north side of "A" Street along the south leg. However, no houses front the street at this location. This would allow the houses along the south property line to enjoy a backyard with a depth of about 13'. 2. The subject property is wider than the adjacent project along the east property line (which has two large buildings over 200' long) oriented in a north-south direction. The wider configuration of the subject property allows the opportunity to develop a project that blends in better with the existing single-family houses to the south and west of the subject property. The detached condominium project proposed for the site is being pursued to satisfy current market demand for four (4) bedroom detached products. nnn .~.. --- - S~CTION 4 :=~ .-.. ATTACHMEfJT - ITEM N0. - PETITIONER'S STATEMENT OF --`l JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKL~IG WAIVER) REQUEST FOR WAVER OF CODE SECTION: 18.31.084 PERTP.LNING TO: Maximum wall (A sepcrate statement is required for each Code ~ ;ht 3' within front yard setback of Ball Road Sections 18.03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver may wanted by the Zoning Administtator or Planning Commission, the following shall be shown: 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 Zortirrg Administrator or Planning Commission [o 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? ~ Yes _ No. If your answer is "Yes," describe the special cimutnstances: See Attached Z. Are the special circumstances that apply to the property different from other properties in the vicinity which are in the; same zone az your property? X Yes _ No i If your answer is "yes," describe how the property is different: See Attached 3. Do the special circumstances applicable [o the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? Yes X No Lf your answer if "yes," describe the special circumstances: 4. Were the special circumstances created by causes beyond the control of the property owner (or previous property owners)? _ Yes ~ Nro EXPLAIN' The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved which would have the effect granting a special privilege not shared by other property in the same vicinity and zor9. which is not otherwise~expr`e^ssl'y au rized by zone regulations governing subject property. Use variances are not permitted.' Signature of Property Owner or utho~nze~~gen~t ate CONDITIONAL USE EERMITNARIANCE NO. DECEh1BER 12, 2000 " AIIn Pln .,. r 18.31.084 In developing the property as a detached condominium project, the Olson Company is providing backyards for the homeowners. The shallow depth of the site requires an encroachment into the setback along Ball Road. In lieu of 20', The Olson Company is proposing a 7' setback from ultimate street right-of-way to the proposed 6' wall. The 6' block wall would provide privacy to the 4 houses siding onto Ball Road. Each house would have a 5' sideyard along Ball Road. The 6' wall would be similar in height to the existing wall located along the Ball Road right-of-way in the single-family neighborhood west of this site. However, our situation will have a 5' landscaping buffer in front of the proposed wall, while the existing wall has none. This waiver would allow the houses along the south property line to enjoy a backyard with a depth of approximately 13'. 2. The opportunity exists on this piece of property to develop a project that will appear to be a single family detached project. The property to the east of the subject site is more narrow and is developed as a multifamily condominium project with two buildings over 200' long located in the site. The subject property is wider and provides an opportunity to develop an on-site circulation system and detached housing that will blend in with the adjacent single-family residences to the west and south. SUP N0. 2002 ° 0 4 6 2 7 ATTACHMENT - ITEM N0. 3 SECTION 4 i ^,1 PETITIONER'S STATEMENT OF IUSTIFICATION FOR VARIANCE/CODE WANER (NOT REQUIRED FOR PARKING WANER) REQUEST FOR WANER OF CODE SECTION: 18.31.062.012 (A separate statement is required for each Code waiver) PERTAIIQING TO: Maximum structural height within 150' of a S.F. residential zone boundary Sections 18.03.00.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver may be granted by the Zoning Adminisrator or Planning Cormission, the following shall be shown: That there aze 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 regazding 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: See Attached 2. Are the special circumstances that apply to the property different from other properties in the vicinity which aze in the same zone as your properly? % Yes _ No If your answer is "yes," describe how the property is different: See Attached Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? Yes gNo If your answer if "yes," describe the special circumstances: 4. Were [he special circumstances created by causes beyond the control of the property owner (or previous property owners)? _ Yes R No EXPLAIN The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved which would have the a ect of granting a special privilege not shared by other property in the same vicinity and zone which is not otherwise express authorized by zone regulations governing subject property. Use variances aze not pertrtitted. ~. Crs, 09117 ~o Y Signature of Property Owne r Authorized nt Date ~- C~~'-~- C,a . CONDITIONAL USE PERMITNARIANCE NO. DECEMBER l2, 2000 SUP N0. 2na~ - n u ~ ~ ~ 18.31.062.012 Rather than a high density "big building" condominium project, The Olson Company is attempting to build a project that resembles asingle-family project that will blend in with the single family development to the west and south of the project. The width of the subject property allows the opportunity to emulate the adjacent single family neighborhood. The configuration of the property requires chat the proposed two story houses encroach within the 50 foot zone called out in this section. 2. The subject property is wider than the adjacent project along the east property line (which has two large buildings over 200' long) oriented in a north-south direction. The wider configuration of the subject property allows the opportunity to develop a project that blends in better with the existing single-family houses to the south and west of the subject property. The detached condominium project proposed for the site is being pursued to satisfy current market demand for four (4) bedroom detached products. f`Ilp Aln onn~ n ~. i -, ~ ATTACHMENT - ITEM N0. 3 tt: tloN4 ~ _ PETITIONER'S STATEMENT Of 1 ]USTffICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKhvG WAIVER) REQUEST FOR WAIVER OF CODE SECTION: 18.31 .063.07 1 (A separate statement is required for each Code waiver) PERTANIi1G TO: Minimum structural setback abutt;_DQ an arter;al highway Sections 18.03.040.030 and 1 fi.12.060 of the Anaheim Municipal Code require [hat before any variance or Code waiver may be II granted by the Zoning Administrator or Planning Commission, the following shall be shown: That there aze special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zorting 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 spacial circumstances exist, and to assist the Zoning Administrator or Planning Commission to arrive a[ a decision, please answer each of the following questions regazding the property for which a variance is sought, fully and as completely as possible. If you need additional space, you may attach additional pages. Are there special circumstances that apply to the property in matters such as size., shape, topography, location or surroundings? ,g Yes _ No. If your answer is "Yes;' describe the special circumstances: See Attached Z. Are the special circumstances that apply to the property different from other properties in the vicinity which aze in the same zone as your property? ~ Yes _ No h If your answer is "yes; 'describe how the property is different: See Attached 3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the sarrte zone? _Yes No If your answer if "yes," describe the special circumstances: ' 4. Were the special circumstances created by causes beyond the control of the property owner (or previous property owners)? _Yes _ IQo EXPLAI~i' The sole purpose of any variance or de waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved which would have the e ct of granting a special privilege not shazed by other property in the same vicinity and zpr which is not otherwise express authorized by zone regulations governing subject property. Use variances aze not permitted. Signature of Property Owne; or Auth~orioz d Ascent Date (~-Ct.c ~ CONDITIONAL USE PERMTTNARIAi~ICE NO. DECEMBER 12, 2000 SUP ~n_ ~~m e n ~. ~ ~ ~ 18.31.063.011 In developing the property as a detached condominium project, the Olson Company is providing backyards for the homeowners. The shallow depth of the site requires an encroachment into the setback along Ball Road. In lieu of 20', The Olson Company is proposing a 7' setback from ultimate street right-of-way to the proposed 6' wall. -This would serve as a transition from the single family project on the west that currently has no setback from right-of-way to their fence and the multifamily project on the west which has a setback from street right-of-way to building face of about 18'. This waiver would allow the houses along the south property line to enjoy a backyard with a depth of approximately 13'. 2. The opportunity exists on this piece of property to develop a project that will appear to be a single family detached project. The property to the east of the subject site is more narrow and is developed as a multifamily condominium project with two buildings over 200' long located in the site. The subject property is wider and provides an opportunity to develop an on-site circulation system and detached housing that will blend in with the adjacent single family residences to the west and south. SUP N0. 2002 - o ~+ 6 ~ ~ ATTACHMENT - ITEM N0. 3 - "t `~i PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAVER) REQUEST FOR WAVER OF CODE SECTION: PERTAINING TO: Setback of SECTION 4 (A separate statement is required for each Code waiver) abuttine a sinele family reaiAenr;al.aavalnnm 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: That there aze 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 regazding the properly for which a variance is sought, fully and as completely as possible. If you need additional space, you may attach additional pages. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundings? X Yes _ No. If your answer is "Yes," describe the special circumstances: See Attached 2. Are the special circumstances that apply to the property different from other properties in the vicinity which aze in the same zone as your property? X Yes _ No If your answer is "yes," describe how the property is different: See Attached 3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? _Yes X No If your answer if "yes," describe the special circumstances: 4. Were the special circumstances created by causes beyond the control of the property owner (or previous property owners)? _Yes X No EXPLAIN The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be '; approved which would hay the effect of granting a special privilege not shazed by other property in the same vicinity and zone which is not otherwise ^pre-ss~lypa~utho(~rQized by zone regulations governing subject property. Use variances aze not permitted. ~Y~" T5 ~' ` -~. 09(17 (Oi '. Signature of Property O ~~or~Aut~oorized Agent Date DECEMBER 12, 2000 CONDITIONAL USE PERMITNARIANCE NO: i:IIP AID ynn? o n 4 ~ ~ 7 ~,1 ~ ~ 18.31.063.024 1. Rather than a high density "big building" condominium project, The Olson Company is attempting to build a project that resembles a single-family project that will blend in with the single family development to the west and south of the project. The width of the subject property allows the opportunity to emulate the adjacent single family neighborhood. The configuration of the property requires that the proposed two story houses encroach within the 50 foot zone called out in this section. 2. The subject property is wider than the adjacent project along the east property line (which has two large buildings over 200' long) oriented in a north-south direction. The wider configuration of the subject property allows the opportunity to develop a project that blends in better with the existing single-family houses to the south and west of the subject property. The detached condominium project proposed for the site is being pursued io satisfy current market demand for four (4) bedroom detached products. ATTACHMENT - ITEM N0. 3 SECTION 4 ~-`) PETITIONER'S STATEMEIQT OF~`~ JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: 18.31.063.021 and 18.31.063.022 and 18.31.065.010 ((A separate statement is required for each Code waiver) PERTAINING TO: Iiinimum setback between buziding walls Sections 18.03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver maybe granted by the Zoning Administrator or Plannine Commission, the following shall be shown: That there aze special circurstances 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; armed 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. 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: See Attached 2. Are the special circumstances that apply to the property different from other properties in the vicinity which aze in the', same zone as your property? g Yes _ No 3 If your answer is "yes," describe how the property is different: See Attached Do the special circumstances applicable to the progeny deprive it of privileges currently enjoyed by neighborin? properties located within the same Zone? _Y"es gNo If your answer if "yes," describe the special circumstances; 4. Were the special circumstances created by causes beyond the control of the property owner (or previous property owners)? _ Yes ~ No EXPLAII~T 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 effect of granting a special privilege not shazed by other property in the same vicinity and zon which is not otherwise expr sly authorized by zone regulations governing subject property. Use variances aze not permitted. ~'~` ~~ os(az~~ Signature of Property Owner A~u~o-~ d~ Date CONDITIONAL USE PPRMIT/VARL4NCE NO. DECEidBER t2, 2000 -, "', 18.31.063:021 1. Rather than a high density "big building" condominium project, The Olson Company is attempting to build a project that resembles asingle-family project that will blend in with the single family development to the west and south of the project. The width of the subject property allows the opportunity to emulate the adjacent single family neighborhood. The configuration of the property requires that the proposed two story houses encroach within the 50 foot zone called out in this section. 2. The subject property is wider than the adjacent project along the east property line (which has two large buildings over 2D0' long) oriented in a north-south direction. The wider configuration of the subject property allows the opportunity to develop a project that blends in better with the existing single-family houses to the south and west of the subject property. The detached condominium project proposed for the site is being pursued to satisfy current market demand for four (4) bedroom detached products. ITEM ND. 4 %\ ~ P`BERTPSt ~ /.... FS 5000 f ..... l ~ YO ~ ~ N N G GO N1 ~~ Y ~ n RS-5p00 Y ~'" o ? C~ NQ N ~ A GN-~ T q G C S\ \ \\ m v°o \ Z \ ~~ \'i( sH~ CPMORE 9S SY /~ ~; ~" ~t ~` I Reclassification No. 2002-00064 Subject Property Conditional Use Permit No. 2002-04614 Date: December 2, 2002 Scale: 1" = 200' Requested By: INC AN-LO Q.S. No. 63 RECLASSIFICATION N0.2002-00084 -REQUEST RECLASSIFICATION OF THE PROPERTY FROM THE RS-5000 (RESIDENTIAL, SINGLE-FAMILY) AND CG (COMMERCIAL, GENERAL) ZONES TO THE CL (COMMERCIAL, LIMITED) ZONE, OR A LESS INTENSE ZONE. CONDITIONAL USE PERMIT NO. 2002-04614-TO ESTABLISH LAND USE CONFORMITY WITH EXISTING ZONING CODE LAND USE REQUIREMENTS AND TO EXPAND AN EXISTING LEGAL NON-CONFORMING RETAIL CENTER AND TO PERMIT ON-PREMISES SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES IN CONJUNCTION WITH A PROPOSED RESTAURANT WITH WAIVERS OF: (A) MAXIMUM STRUCTURAL HEIGHT WITHIN 150 FEETOF RESIDENTIALLY ZONED PROPERTY (B) MINIMUM STRUCTURAL AND LANDSCAPED SETBACK ABUTTING ARTERIAL HIGHWAY (C) MINIMUM STRUCTURAL AND LANDSCAPED SETBACK ABUTTING A LOCAL STREET (D) MINIMUM STRUCTURAL AND LANDSCAPED SETBACK ABUTTING A RESIDENTIAL ZONE BOUNDARY 400424 North Anaheim Boulevard and 407-417 North Claudina Street 482 Staff Report to the Planning. Commission :`January 13; 2003 Item No. 4'i 4a. ? CEQA NEGATIVE DECLARATION (Motion for continuance) 4b. :?RECLASSIFICATION N0 2002-00064 4c. WAIVER OF CODE REQUIREMENTS 4d. `CONDITIONAL USE PERMIT NO.2002-04614 'SITE LOCATION AND DESCRIPTION: (1) This irregularly-shaped; 1.32-acreproperty is located at the northeast corner of Anaheim Boulevard and AdeleStreet, having frontages of 159 feet on the north side Adele Street, 361 feet on the east side of Anaheim Boulevard,'119 feefoh the south side of,Sycarnore Street, and 108 feet'on the west side of Claudina Street (400-424 North Anaheim Boulevard and '411-417 North Claudina Street). , REQUEST: {2) Tfte petitioner requests approval of the following underauthority of Code Sections .18:44.050:010, and 18:44.050.135: Reclassification No 2002-00084 - to reclassify this property from the RS=5000 (Residential„Single-Family) and the CG (Commercial, General) zones, to the CL (Commercial, Limited) zone or a less Intense zone. Conditions) Use Permit Nn. 2002-04614 - to establish land use conformity with existing zoning code land use requirements and to expandan existing egal non-conforming retail 'center and to permifon-premises sale and consumption of alcoholic beverages in , "" conjunction with a proposed restaurant with waivers: of the following: (a) SECTION N0. 1$.44.062.011 `Maximum structural fieicht within 150 feef of a Residentialiv-zoned orooertvJ 3( 2-46 feet required;b=40 feet existing and-proposed) (b) SECTION N0. 18.44.063.010 Minimum structural and landscaped setback abuttino ah arterial hiphway (10 feet required; 0- 7 feet existing and proposed) , '(c) SECTION NQ. 18.44.063.020 Minimum structural and landscaped setback 'abuttind a local street. (5 feet required; 0=3 feet existing andpropossd) (d) SECTION NO. 18.44.063.040 Minimum structural and landscaped setback abuttind'a'residentiaf zone boundary: 10 feet i'required; 0 feetexisting and proposed) BACKGROUND: (3) The subjecf property consists of six legal lots and is currently developed with a 4,250'square foot private fraternal ftsli (Sons'of Italy) a partially demolished legal non-conforming detail center and parking. The properties are zoned CG (Commercial; General) and RS-5000 (Residential', Single-Family). The Anaheim Genera(Plan Land Use Element Map designates the properties for Geheral Commercial and Low-Medium Density Residential land uses. ' sraaeet2ilr Page 1 Staff Report to the Planning Commission January 13, 2003 Item' No. 4 (4) At the`request of the petitioner, this proposal was continued from the December 2, 2002, Planning Commission meeting to allow more time to redesign the project to address concerns expressed by City staff and by memtiers of the community,::. The petitioner, William Taormina, has submitted the attached letter, dated December 27, 2002, requesting a continuance td the January 27,2003; Planning Commission meeting to allow more time to work out the final design of the proposal. RECOMMENDATION: (5)' That the Commission, by motion, continue this item to the January 27, 2003, meeting. ) 1 , Page 2 ATTACHMENT:-~--~ TEM N0. 4 ( 1~'g~l'~J[® Date: 12/27/2002 To: City of Anaheim 200 S. Anaheim Blvd. Anaheim, CA 92805 Attention: John Ramirez Planning Department RE: 400-424 N. Anaheim Blvd. REQUEST FOR EXTENSION OF TIME Dear John, i ,~ With regazd to my upconvng Planning Commission agenda item scheduled for the meeting of January 13th, 2003, I would like to request a continuance to the next meeting. I need more time on the re-design of the project as I am working toward making this block a part of a lazger development for the surrounding area. Currently, my redesign includes both residential and commercial uses for this block and I am working very closely, with the guidance of the neighborhood stakeholders, to make this project something that will be a major asset for the area. As a result of the public outreach I am doing, the design is taking a bit longer than I expected. Thank you for your cooperation. Si cerely, William C. Taormina Property Owne,L. 714-308-0220 Cell z•d SOTi-Lib-t~TL l~~ d~~~zt zo ~z ~aa ITEH N0. 5 ~u u JUNG AVENUE ® RM-1200 _~ 7 DU EACH ® RM-1200 _~ 7 DU EACH CL CL sasa-ze 54-SS-17 cuP91s cuP z7a CUP 1266 V-3247 V-1065 S V-1971 S V-1542 v-fns 5 NEIGHBOflHOOD BALL-EUCLID SHOPPING CENTER SHOPPING CENTER ( CL CUP 2000-04245 cL s3_sn-ze I V-576 I 515428 V-3247 V-.324] V-1]21 S DRIVE-THROUGH RESTAURANT CHIR6 - _ IRESTAURANi~ PRACroR BALL ROAD I®--zos ~-~{ CL 67-5&23 PARCEL 1 RM-1200 SMALL ~ ~ s4~ss117 57-58-23 OFFlCES CUP 693 APARTMENTS CG SHOPS 612-27 ~ CUP 2002.04629 ~ F- OFFICE ' < W __ - -=--® - PARCEL 2 % ~ 1 ~ ~ ~ - __,--L ~ . ~ W ---- - BOWLING STREET - CL ~ ~ ~' N 61-62-27 - m (JJ °o w ~r - 57-58-29 CUP ~ -- RS-7200 2002-04629 W ~ 1~DU EACH SMALL SHOPS ` ° ^~ ~ Q 8 OFFICES ii - a a RS-7200 1 D U EA RS-7200 206 ~ ~ ~ ~1 DU EACH ~ , , RM-1200 TT NO. 10434 - 62-63-66 V-3300 PALM VIEW APARTMENTS 168 DU w N z Z Q LL w W u! Z O J a LL PALM LANE CL CL &1-65-fi 2-76(DR) 634-69 OFF CES - V-3420 sMALLSHOrs UOUOR OD ~ 63-64-69 1.11CAU CUP 2652 :NTAL V3625 'FILES OFFICES RM-1200 fi3E4-G9 APARTMENTS Conditional Use Permit No. 2002-04629 (READVERTISED) Subject Property Date: December 2, 2002 Scale: 1" = 200' Requested By: DAVID LY Q.S. No. 49 REQUEST TO ESTABLISH LAND USE CONFORMITY WITH EXISTING ZONING CODE LAND USE REQUIREMENTS FOR AN EXISTING COMMERCIAL CENTER AND LIQUOR STORE AND TO PERMIT A TELECOMMUNICATIONS ANTENNA WITH ACCESSORY GROUND-MOUNTED EQUIPMENT WITH WAIVERS OF: (A) MINIMUM NUMBER OF PARKING SPACES (B) MAXIMUM STRUCTURAL HEIGHT ADJACENT TO A RESIDENTIAL ZONE Parcel 1: 1201 South Euclid Street and Parcel 2: 1211-1231 South Euclid Street 481(2002-11-13) 1 _W w b Z N~NQ (A vN N ~f°'~ 0 W O' Staff Report to the Planning Commissiorc January 13;2003 Item No. 5 r 5a. ' CEQA CATEGORICAL EXEMPTION -CLASS 1 (Motion) 5b.' WAIVER OF CODE REQUIREMENT (Motion) 5c. 'CONDITIONAL USEPERMII'NO.2002=04629 (Resolution) SITE LOCATIOMAND DESCRIPTION: '(1) Parcel 1 -This rectangulary-shaped, 0.6-acre property'is locatedat the southwest corner of Ball Road: and Euclid Streefwith frontages of 205 feet on the"south sidenf Ball Road and 120 feet on the west side of Euclid Street (1201 -.9209 South Euclid Street). Parcel 2 -This rectangulary-shaped, 1.6-acre property: has a frontage of 350 feet on the west side'of Euclid Street, a maximum depth of 205 feet and islocated 170 feet south of tfie centerline of Ball Road (1211=1231 South Euclid Street). REQUEST: (2) The petitioner requests to establish land use conformity with existing zoning code land use 'requirements for an existing commercial center and' liquor store and to permit a telecommunications antenna with accessory ground-mounted equipment under authority of Code Section Nos. 18.44.050:030, 18:44.050.193 end 18.44(050.330 with waivers of the following: (a) SECTIONS 18.06.050.020 Minimum number of parkino spaces. ?AND 98:44:066 r (DELETED) (b) SECTION NQ 18.44.062:011 Maximum structural fieioht adjacent to a residential zone boundary::. 7.5 foot high 'permitted;46.5 foofhigh proposed). ?BACKGROUND: (3) This item was continued from the December 2, 2002, Planning Commission meeting,in order to determine whether a parking waiver was required. Staff has determined thaNa parking waiver is no longer necessary. (4) This two-parcel property is developed with a commercial retail center. Parcel 1 is zoned CG (Commercial, General) and parcel 2 is`oned CL (Commercial, Limited). The Anaheim General Plan Land Use ElemenYMap designates these properties for General Commercial land uses. (5) Surrounding land uses are as follows: Direction Land Use Zoning General Plan Desi anon North (across Ball Road) Fast Food Restaurant' ' CL General Commercial Northeast (across'. Ball Road Restaurant CL General Commercial East (across Euclid Commercial Businesses 8 CC 8 RM-1200. Medium Density Street artments .'Residential South 'P MedldatOffices CL Generai'Commercial > West Medical Office CL & RS-7200' Gene~ai Commercial Sin le Famii Residential Low,Densi Residential sr8522vn.doc Page 1 Staff Report to the Planning Commission January 13,'2003 Item No. 5 PROPOSAL (6) The petitioner proposes to establisR land use conformity fora 2-parcel commercial retail' center. Parcel'1 of this commercial center was constructed in 1959;.: and parcel,2 was constructed in 1958, prior to the code provision; requiring'acondltional use permit for commercial retail centers:: This proposal also includes a request for land use conformity:, for a,liquor store established in 1975 and to permit a telecommunications facility including ground-mounted accessory equipment. (7)j The petitioner proposes to construcfa 46'/ -foot high faun clock tower telecommunications facility consisting of three; (3) sectors with five,(5) panel antennas on'each sector for a total of 15'antennas'contained within the`clock tower. The panel antennas would be 4' high by 6" wide and 2'/z" deep. This request'also includes ground-mounted accessory equipment enclosed within the towed: (8),` The site plan (Exhibit No. 1) and equipment layout plan (Exhibit No.2) indicate the proposed clock ower would be located adjacent to the west (rear) elevation of the building on parcel 1. The clock tower would be setback 15 feet from the single-family neighborhood to the west.. The site'plan further indicates a 250 square foot equipment room located within the tiase of the clock tower containing four (4) rack mounted base transceiver stations (BTS) stacgked at a maximum height of 6' by 2'6"deep and 2'6" wider F ~g~~i x R ~ ~kl a~ e.. t ~ i ~ ~fb' 9 ~ ~ ~w ~ t ~ t I if'a. I I~ .~ ^ . ak i -f E'YZIE ~, ~~ I ~ 4°1. r ,a~a "~.r1.3'~' ,~ [~ ,t f ~ t Srt~i.~~~il `m` 4 Itl4~ „,~~ l~r.~~. ~ t`~"L ~ ~. ~F~yl Wti+g t 7 ~ C.a ~1ttr s r` y~. N. ~'.~ ~~ g k~ul ~) ~: u r j ~y ..n r r ~ c '~ ~ ~'.~ f'~ims wdfiout fronts ~ .~ ~ ~ ~ s'r `""' "" "~ ~ c, .,-~' r ~ n -~ ~ ~ '. t s-~'~'vmvcf~ -"~. v Ic ~. ~~`"' a y< ( ~ ''ib~ ~ •~' ~ ~Ca -2~~5~~~~~s~ ~ . ~lr F i 1 °,>,x"`x ?~<`'.~.r ~r,~ ~a ~'~-" ~,-,_.." v ~7?~~yv~'is ~ ~1r ~t¢5~ y~~i p)~~ {J.!.yt f~pfd .,. ~ ~1 ~~ ~~~' $,eY,t - ~~ ~'~^ P~ 12~t L~S~~ y[~§ue~tiRP,~{,~y`~i ~'" ~Fd ' ~~,~~'°~,~'= n~,"~ ; ~:l ~~ ~ ? ..'~ r ` !2 .e~ di .P'~ ,1` `YS'ryy}."yi'~"S{cy1 " r xl ~ i , ~ ,: ~.~' ~,~a ``--u~? `" s~ a v t ~„~ P ~' et~5`,~.y ~y. s~ ..nil , ~ i .~ ~., ~n 3 ,r a8 ifi~l +' it r ~t !. k '~ I f F F t ''+Nd ) ~ rr -~, 'm.~ra rr dad. ,`4'.~~' .~ i t't:.eS ate 4 ,~f i+s~v~y '. ~rJ'~1.r"11x ~~1+ t I ,~,,.. .~...._, ._ ,.....~s: ..~. ..l.,, t. :~ ~ 4~.r,~ North view of landscape planter adjacent to Euclid Avenue. (9)` The site plan indicates a 4-foot wide andscape planter along the frontage of Euclid Avenue. No landscaping is providetl adjacent to Bail Road with the`exceptioh`of a landscape planter area on the comer of Ball Road and Euclid Avenue that also contains a freestanding sign. No new landscaping is proposed with this request. Current Code requires a 10-foot wide landscape setback adjacent to Euclid Avenue and Ball Road. Structural setbacks areas indicated'jn the following charP. Page 2 Staff Report to the Planning'Commission January 13;:2003 Item No. 5 PARCEL 1 YCL Zooe) - Direetion 'Existing Building Setbacks CodeU3equired Building i! 4 Setbacks` North (adjacent to 61' feet `]0-foot fully landscaped Ball Road) !East(adjacentto 85-lOSfeet - >10-foot landscaped i Euclid Avenue) !.South i 0 feet 0 feet Southwest (ndjacent O feet `:10-foot fully landscaped i to residentialzone) West (adjacent to CL O.feet ' 0 feet zone) PARCEL 2 (CG Zone) . Direction <Existiog;Building Setbacks Code Required':Building Setbacks North 30+feet -0feek East (adjacent to ..100 feet 0 feet Euclid Avenue South (adjacent to 25 feet 0 feet CL zone -:West (adjacent to 35 feet O feet residential zone) Parcell Area Minimum Numberr Use (Business & Address) (Square Feet): Code-Required Parking ' of Spaces Ration: Re wired Video'Store 1201 S, Euclid Avenue c5,440 5.5 er 1,Ot)O s.f. t 29.9 Century 21Realtors 1203-1207 S. Euclid Avenue!: 5,846 4.0 er 1,000 s.f. ` 23.3 Barber Shop 1209 S. Euclid Avenue 934 5.5 er 1,000 s.f. 51 ParceP2 U'se' Business & Address Liquor Store 2,800 5.5 per 1,000 s.f. 15.4 1217 S. Euclid Avenue Music'Store 1221 S' Euclid Avenue :1,400 5.5 er 1,000 s.f. 7.7 Dry Cleaners 1223 S! Euclid Avenue i 1,400 5.5 er 1,000 s.f. 7.7 Restaurant 1225 S. Euclid Avenue :.1,400 S er 1,000`s.f. 'I 11.2 Hair: Salon 1227 S: Euclid Avenue 1,400 5.5 er 1,000 s.f. ; 7.7 PefStore 1229 S Euclid Avenue :'1,400 5.5 er 1,000 s.f. 7.7 Vacant. 1231 S: Euclid Avenue 1,400 5.5 er 1,000 s.f. 7.7 Clothing Store 1233 S'. Euclid Avenue :1,400 5.5 er 1,000 s.f. 7.7 Dominoes Pizza (take-out) 1235 S' Euclid Avenue .:.1,400 5.5 er 1,000 s.f. 7.7 TOTAL ?:139 (t,i) The elevation plans for parcel 2 (Exhibit Nos.3 and 4) and photographic sim (Exhibit No. 5) indicate a`one-story`commercial building's 14'8" in height wilt stucco finish and glass storefronts.=The commercial building on parcel 1 has height of 18 feet with the`same architectural features. Elevations further intl proposed 13'x13' wide clock tower is a maximum height of 46!/~ feet. The prc antennas are concealed'within the tower at a maximum height of 42 feet. TY plan also indicates the roof of the building on'parcel 1 would be modified witF seam roof to match the proposed faux clock tower. The'clock tower is propc constructed with wood laminate support posts'and white stucco texture fiber behind the clock feature and at the.: top of the tower to match the texture oftFi buildings. The equipment enclosure is proposed to be constructed`of CMU t to match the adjacent buildings. (i2) A landscape plan was not submitted with this request, However, a'site inspe revealed a 4-foot wide landscape planter along Euclid Street, no landscaping Road, behindthe shopping center abutting the residential neighborhood or w parking lot. Code currently requires one treefior every 20 feet of street fronts a 10-foot widelandscape setback along Euclid Street for'parcel 2. i Page 4 Staff Report to the Planning, Commission January 13 2003 Item No. 5 Yf ~ 8 "~ ~~ ^... S'r "m"uZt i'''s`xi 5 ~ ;~' r J~ s 7i ,r ~ ..', ~ ~?~tw, w G k, l %~;, sr~l z F r, `". ~~~ S h ~ L 44` a L ~, - ryY~ f ~ v C 5 f '~.r~ e .t -a ..~ z r x h l W Y " ,. L ~, r `~ t ~ ~~ xi !f`~ ~ r NY~x(~~ ~ ~ p ~~ ~ ~ ~ ~ ~ . 5 ~1 l ~--~ r 4~ >'~ kt ~~ v I ~ ~~ , ii. ~~'1. I ~ r , ~. t ~ ~ ~ -. t~Fi .' ~ ~~' b ~s~~ _.. v ~ ' :a',: ~~i.t'v Freestanding'sign at the southwest corner of Euclid Avenue and Ball Road.'. (13) No sign plans were submitted as part of this proposal however, photographs indicate'two existing freestanding signs and multiple tenant wall signs for individual businesses. Parcel 1'has a 25-foot high freestanding sign on the comer df Bail Road and Euclid Avenue' edvertising'Century 21,`that was erected in 1958. Parcel 2 has a'20-foot high freestanding 'sign on the Euclid Avenue near the north driveway erected in 1959, advertising all the tenants within the commercial center. Code currently;permits one, 25-foot high, 20 foot- wide shopping centeridentification sign per treet frontage with a sign area of 250 square feet per face on Euclitl Street and 205 square feet peg face on Ball Road. ' (14) Photographs indicate that the parcel 2 bu(Iding has sign cabinet areas for each individual tenant space. Code requires that wall signs shall notexceed 10 percent of the area of the face of the building to which such sign is attached. These signsappear to'meet current sign code requirements. The parcel 1 building utilizes sign placards. The size of the ''Barber & Salon" sign'appears to exceed he currenYCode provisions. In addition, Century 21 i has six (6) individual PCentury 21"wall signs for the combined tenant spaces. Page 5 i Staff Report to the + Planning Commission January 13, 2003 ',Item No: 5 'REVISED 01113103 (19) Waiver (a) pertaining to minimum number of parking spaces has been deleted. (20) `Waiver (ti) pertains to maximum structural height adjacent to a residential zone. Code ':limits the height of any structure to one-half the distance of said structure: to the residential zone boundary. Because the faux clock tower is setback 15 feet from the west (residential) property line, a maximum height of only 7_5 feet is permitted In order to ?achieve the requested height;: the faux clock tower would need to be setback 93 feet from ': the west'properry line. The larid uses closest to the'clock tower are single-family homes and the adjacent commercial uses withiri he center: The mass of the clock tower would be very prominent and intrusive to the residential neighborhood to the west. The Code i' provision'pertaining to maximum structural height is intended to prevenEthe intrusion of commercial uses and structures into resitlentiafneighborhddds. Staff cannot find any hardship: pertaining to the property that would justify granting this waiver.P Therefore, staff recommends deriial'of this waiver. (21) Code Enforcement Division records indicate no pending violations for this location.,`Upon ` a site Inspection staff observed that this center is being maintained adequately however, `' the landscaping planters are iri a state of decline including dead palm trees and palms `without foliage. Staff recommends replacement trees be plarited in these areas. (22) The petitioner proposes to modify the roof design of the building on parcel 1 by incorporating a red metal seam roof similar to the clock tower'roof. However, this treatment: is only proposed for: one building, which will not help to unify the overall aesthetics of the commercial'center. Should the Commission'wish to approve this request, staff recommends that the new4oofing beincorporated into the'design of both buildings> ~' ~tiw a.. z ~2 L.r;'.~:3'<:~X'rara °, r h W~~~ ~ a ~ u~ -: .acY Y. `' ~~~ `~ Flat roof architecture and ~ ~ zr v ~~ ; s~ "' x height variation between the r~ "~ n g rs:,r ~.. ~.rz by ~'F~~'e`~~3'st`~r ._.` i ~.. two buildings. ~~ ;~~~ ~ Y"~ ~ ~-~~~~~, `~'~~ ~ ~wr °Y E~ t x , S °w~ p ~, ~y `"~,.~ ~ 3 -' Y-~Y it r Y i ,t~ x ~~' 1~ '~,~ ,,.:,` ~ . -~:.y Y'~s-r ~.~-f`~ ~~~ -v~'w,^ ` ~.:x~ ~ >~° "~ a r' asas~' < ~"^~'y~ ~' r x ro rt ..Y t" l r 7 n.Y=Y ~"i` s" c.""~t ~, ~c, rva ss r "2 t Y , ~-Y.. <.ro'l. i s` *x~'^~ _"'~.;%'J' . "ors ~~g::-` -FY µ r ,, ^*, t r ,~ ~ n 3 "; .~".1°^'~'`~fdys~~Y~' cuS.Y 5. v ffi .~~Lei".. ~tv-,.v ~"~: ~v ~• _ ~ ~ f1R r t Y ~ ~~ ? ~ ~+h ~d'SS yNlY ~+-^ ~ f ~- ~.. r . tic , . ~ ~ ~ ~,. ~~ __~ ~ a ,~ ~ r.;,~ >~ I r,~- .ey*g5 ^N' ~ ~ EY g.,1Y~:"~'i3`%t~ •'`~-Y_t, : ,wer"'Y.fivt'. East elevation of parcel 2 commercial building. Page 7 Staff Report o the (29) Before the Planning Comr of fact that the evidence pi Planning Commission January 13,2003 Item No. 5 13/03 lentical zoning classification in the`vicinity. y conditional use permit, it must make a finding hat. all of the following conditions exist: Page 8 Staff Report to the Planning Commissioh January 13;' 2003 Item No. 5 (a) Thaf the proposed use is properly one for which a conditional use permit is authorized by he Zoning Code, odthat said use is not listed therein as being a permitted use; (b) Thaf the proposed use will not adversely affect the adjoining land uses and the growth and developmentof the area: in which it is proposed to be located; (c) That the size and shape of the site for the proposed use is adequate to allow the futl`development of the proposed use in a manner not det~imentaf to the particular areahor to the peace, health, safety! and gerte~al welfare; (d) Thaf 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) Thaf the granting of the conditional use pennifunder the conditions imposed, if any, will not be detrimental tc the peace health, safety and general welfare of the citizens of the City of Anaheim. RECOMMENDATION: (30) Staff recommends that unless additional orcontrary information is received during the 'meeting, and based upon the evidence submitted to the Planning Commission, including She evidence presented in this staff report, and oral and written evidence presented at the public hearing that Planning Commission take the following actions: (a) By motion, determine that the project is Categorically Exempt under Section 15301, Class 1 (Existing Facilities) of the CEQA Guidelines. (b) By motion, deny waiver (a) pertaining to minimum number of parking because the waiver has been deleted.? (c) By motion, deny waiver (b) pertaining to maximum structural heightadjacent to a residentiatzone based on the following: (i) That the height of the structure would adversely affect the adjoining land uses in that the size and'scale ofthe clock tower wouldlnegatively impact the visual 'aesthetics of the residential neighborhood immediately adjacent to the + proposedaelecommunicatioh facility. (d) By resolution, aoorove• in part, Conditional Use Permit No. 2002-04629 (to establish land: use conformity with'existing Zoning Code land use requirements for an'ezisting commercial center andliquor store) and dehv the request to permit a telecommunications antenna and accessory ground-mounted equipment based on tfie following: (i) That the proposed faux clock tower telecommunications facility would adversely affect the adjoining land uses and public right-of-ways in that the size and scale of the clock tower would be out of context with the existing single-story commercial center and would adversely affect residential family residentialaand usesby creating a negative visual.impact in the vicinity; ..Page 9 Staff Report to the Planning Commission January 13,!2003 Item No. 5 «, (ii) That the size and aesthetics of the faux clock towectelecommunications :facility would overcome and dominate thelocation of the proposed use and :'would therefore be detrimental to the developmenfand general welfarebf the area; (iii) That the proposed faux clack tower telecommunications facility is contrary to City goals regarding the concealment of such fapilities from public view by using existing or proposed architectural features`that complement thei site and surrounding;area. (iv) That the commerciafretail center and liquor store are permitted uses in the CL and CG zones subject to approval ofaconditional use permit; and as conditionetl herein, would nofadversely affect adjoining land uses and would not be detrimental to the peace, health, safety and general welfare: '' of the citizens of Anaheim THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS AN INTERDEPARTMENTAL COMMITTEE AND ARE`RECOMMENDED FOR ADOPTIOtJ BY THE PLANNING'COMMISSION IN TH'E'EVENT THIS PERMIT'IS APPROVED. Telecommunication Facility Conditions: 1. That the proposed telecommunications facility, consisting of a 46'/, =foot high architectural faux clock tower, including five (5) sectors and a total of fifteen panel (15) antennas and ground-mounted equipment within the base of the clock tower shall be permitted for a period of five (5) years to expire on January 13,.2008. I 2. That a maximum of fifteen (15) panel type antennas may be located within the proposed clock tower with the accessory ground-mounted equipment enclosetl in the base of the tower. The total height of the clock tower shall be limited to 46'/n feet Said information shall be specifically shown on plans submitted for 6uiiding permits. No additional antennas or equipment cabinets shall be permitted without the approval of the Planning Commission. 3. That no signs, flags, banners or any other fprm of advertising or identification shall be attached to ~ the'clock tower. 4. That the architectural faux clock tower shall be finished with colors and materials that resemble a real clock tower and match or complement the existing commercial center. Said information shall> ~ be specifically hown on;plans submitted for building permits and shall be reviewed and approved: by the Zoningbivision. Upon campietion of the clock tower, an inspection sfiall be conducted by ; the Zoning Division to determine whether the!colors and'materials used are compatible with the commercial center and resemble a real clock'tower. Any decision made by he Zoning fivision regarding the exterior finish of the structure maybe appealed to the Planning;Commission and/or City'Councii. I 5. That any lighting of the tower shalt be specifically shownon plans submittedfor building permits. 6. That the ground-mounted equipment shall be located entirely within the designated "leased" area bf the building and the cable connecting to the equipmenPshail be underground' and shalt not be visible to the public. Said information shall bespecifically shown on plans submitted for building permits. 7. That all equipment, including supply cabinets. and power meter shall be installed on private property antl shall be screened from public view, as approved by the Zoning Division: Said information shall be specifically shown on plans submitted for tiuilding'permits. Page'. 10 Staff Report to the ' Planning Commission January 13; 2003 Item No. 5' 8. That the clocks on the tower shall be operable and maintained in "like-new" condition. 9. That the portion of the property being leased to the communication provider shall be`permanently maintained in an orderly fashion; by providing regular landscapemaintenance, removal of trash'and "debris, and removal of graffiti within twenty-four (24) hours from: time of occurrence. 10. That the operator will`ensure that its installation and choice of frequencies'will not interfere with the 1800 MHz radio frequencies required by the. City of Anaheim to, provide adequate spectrum capacity `for Public Safety and related purposes. 1 L That at all times, other than during the 24-hour cure period provided in Condition No. 13 below,: :..Operator shall not prevent the City of Anaheim from having adequate spectrum capacity on City's 800 MHz radio frequency. 12. That before activating its facility, Operator will submit to a post-installation test to confirm that the facility does not interfere with the City of Anaheim'srPublic Safety radio equipment. This test will be conducted,by the Communications Division of the Orange County Sheriffs Department or a 'Division-approved contractor at the expense of Operator. 13. That the Operator shall provide a 24-hour telephone number to he Zoning Division (to be forwarded to the Fire and Police`Departments) to which interference problems maybe reported, and shall: 'resolve all interference complaints within 24 hours. 14. That the Operator will; provide a "single point of contact" in its Engineering and Maintenance bepartments to ensure continuity on all interference issues. The name, telephone number, faz "number and a-mail address of that person shall be provided to Zoning Division upon: activation of ? `the facility. 15. That the Operator shall ensure that any ofjits contractors, sub-contractors or agents, or any other user of the facility, shall comply with the terms and conditions of this permit. 16. That should this telecommunication facility be sold the City of Anaheim Zoning Division shall be notified within 30 days of the close of escrow. 17. That any required relocation of City electrical facilities to be at developer's expense.:Landscape and/or hardscape screening of all pad mounted equipment will be required. 18. That a 12-foot clearance from the overhead 12KV power line snail be provided. Provide schematic "diagram of receptacle generator connections to Electrical Engineering for approval prior to issuance of building permits. Commercial Retail Center Conditions: 19. That all public telephones (existing or proposed) shall only be located inside the buildings. 20.'That roof mounted balloons or other inflated devices shall not be permitted on the property. 21. That no vending machines shall be located on the property which are visitile from the public right-of- iway. 22. That 4-foot high address numbers shall be displayed on the roof in a contrasting color to the roof r material. _The numbers shall not be visible from the street oradjacent properties. Said information i°shall be specifically shown on plans submitted for Police Department, Community Service Division approval.:' Page 11 Staff Report to the Planning Commission January 13, 2003 Item No. 5 23. That any existing or proposed roof-mounted equipment shall be sutiject to the requirements of Anaheim Municipal Code Section 18.44.030x120 pertaining to the CL Zone. Said information shall be specifically shown on the plans submitted. for Zoning and Building Division approval'' 24. That no required parking area shalt be fenced'or otherwise enclosed for outdoor storage use. 25. Tha¢ a minimum of 144 striped parking spaces shall be provided on site. ' 26. That any tree or other landscaping planted on-site shall tie replaced in a timely manner in the event that it is removed, damaged, diseased and/or tlead. 27. That the property shall be permanently maintained in an orderly fashion by providing regular landscape mahtenance,'removal of trash ofdebris, and"removal of graffiti within twenty-four (24) i hours from time of occurrence. 28. That the owner shall be responsible for maintaining the premises free of litter"at ail times. 29. That the number of tenant spaces for parcel one (1) shall be limited to five (5) and parcel two (2) ; shall be limited to nine (9) as indicated on the'exhibits submitted by the petitioner. ' 30. That the legal property owner shall submit an application to the Zoning Division requesting reclassification ofparcel 1 to the CL Zone. 31. That signage for the property shall tie limited to all legal existing signage as of the date of this resolution. Any additional signage shall be subject to Planning Commission approval as a Reports and Recommendation item. 32. That trash storage areasshall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division and in accordance with approved plans on file+ ' with'said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from atljacent streets or highways. The walls of the storage areas shall be r protected from(graffiti opportunities by the use of plant materials such as minimum 1-gallon size I clinging vines planted on!maximum 3-foot centers or tallshrubbery: Said Information snail be specifically shown on the plans submitted for Zoning Division and Public Works Department, Streets and Sanitationbivisionapproval. i i 33. That an on-site trash truck tum-around area shall be provided per Engineering Standard Detail No: 610 and maintained to the satisfaction of the Public Works Department,: Streets and Sanitation + Division. Said'tum-around area sfiall be specifically shown on plans submitted for building permits. r Liquor Store Conditions: 34. That sales of alcoholic beverages shall be permitted only between the hours of 6 a.m. and 2 a.m. 35. That no alcoholic beverages sold from this establishment shall be consumed on the property. r '< 36. That the parking lot serving the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot, Said lighting hall be directed, positioned and shielded in such a'manner so as not to ' unreasonably illuminate'the windows of nearby residences. Said nformation'shall be specifically shown on plans submitted for Police Department, Community Service Division approval: 37. That there shall be no amusement devices or games maintained upon the premises at any time without issuance of proper permits`as required by the Anaheim Municipal Code. 38. That there shall be no public telephones on the premises located outside the building. Page 12 Staff Report to the Planning' Commission January 13;`2003 Item No. 5 39: 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 6, and as conditioned herein. 40. That prior to issuanceof a building permit, br within a period of one (1) year from the'date of this ~esolution,'whichever occurs first, Condition Nos. 2, 4, 5, 6, 7; 12, 13, 14,:18, 19; 21' P2, 23 30; 32 :and 36 above-mentioned, shall>be compiietl with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 41. That prior to final building and zoning inspections, Condition No: 39 above-mentioned, shall be complied with. 42. 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 i regulations: ApprovaC does not include any action or findingsas to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 1 Page 13 Attachment - Item Ido. 5 N0, 8180 P• JAN. 9. 2003°~ 2:20PMf0a° SITE ACQ-80UTH r-ase '~p.oovoui PETftIOPtER'S STATEMENT OF I NSTIFICATION FOR'VAItdANCE/CODEWRIVER (NOT REQUIRED FORPARKING WAIVER) REQUEST FOR WAP/ER OF CODE SECTION: ,,(( sepata statemeat i required for each CSde waive PERTAINING TO: I~Oj S ~Gt'-~ J~f2t°~, x}ytc~~.1~2;~. 2 4 e ; F411 ~ ® , SECTION d ~ I Sections 18.03.040.030 and 18.12,060 of the Anaheim Municipal Code requ've that before any variance Pr Code waiver maybe granted by fire Zoning Administrator or Plantting Cotmission, the following shall be shown: 1. That there ate special cirewnstanecs applicable to the property, including site, shape, lopograph~, location or surroundings, which do not apply to other propel under identical zoning classification in the vtcirdty; and 2. That, because of such special circuttances, sniot applicerion ofthe zoning code deprives the ptioperty of privileges enjoyed by other property under identical zoning classificatien in the vicinity. In order to detetmiae if such special circutrtstances exist, and to assist the Zoning Administrator or Plann;ng Commission to arrive at a decision, please answer each of the following quesdon9 regarding the property for which a vatjance is sought, fully and as completely ,as possible. !f you need additional space, you may attach additiond pages. 1. Are there specie cucumatancas drat apply to the property in matters such as siu, stmpe, topography, location or sucroundi~tgs7 ~, Yes `• No. "Yes," describe rho special eircumcrances: T4~ :s t. ~ ~ e~~-- ~ t NOP e c~4 ~~ S ~ ° ~'~ ~ o n ~ 2. Are the eia! cirvmstances that app]y co the property different from other properties in the viginiry which ere ;n the sartte zone as yotu pmpetry? ~, Yes _ No !f your answer is "fires," describe how the pmprity is difi'etenr. ~ni 5 54.b ~t'.r~- 6JrDQCt`~y~ S t~ ~~ ~~ -~.~~ ~CCau~d inCOf'~c~„i-air r.. tG•LDtJ~iaw2r ~rraro ~'ha/ bv~tcii 3. Do the special ciretmtstancea applicable 4o the propetry deprive it of privileges cumntly enjoyed 6y neighbcring~ properties located within rbe same zoo? ~j,Yes No ~C 4. The sole purpose of any variance or Code waiver shall be w prevent disetiminatioa, and no variance or Code waiver shall be approved which would have the effect of gratrting a special privilege not shared by other property in the sa>jta vieiniry and zone which is not otherwise exprtssly authorized byTOne regulations governing su j property. Use va~iancescare not permitted. .~ ~ d3 Signature o£Paaperty Ovmer g Authorized Agent ate ° CONDdTdONAL USE F81tM1TNARIANCE NO. DECEMBER 12, 2~W0 Were the special circumstances created by causes beyond the control of the property owner (ot pre~,Nious property owners)? Yes `No i ITEM N0. ~ t ML I ML COP 2002-0454 4 1 .EIR 212 CUP 2945 I EIR 274 CUP 2134 EIR 321 CUP 1679 cuP 1642 ._. ~ L I 1 1 GPA 145 cuP 1567 GPA 214-I EIR 212 EIR 274 ~ I GPA 361 EIR 271 I \ VAC. IND. EIR 321 \ ~_ BLDG cPA 145 . GPA 214-I ~ _- GPA 361 ING. FIRMS / / ~- / % ~ - / ML 7 99-00-15 Z .'~ (Res. Gf Inl. to SE) -; I z g - I 87 88.14 ~ I e ~i (Res of Intent tG CO)`i ~- ~ ~ ~ 166-67-93 [`- :, I x ~ ~ CUP 2002-04620 ~;°i ~ I CUP 3497 ~~~' x I ~ ~ ML m x : CUP 2946 = I 99-00-15 ML (70-71 34) °o I (Res66r67~93 SE) 99-00-15 `~' ' (CUP 616 T) '~ EIR 212 (Res. oGnl. to SE) 1 't EIR 212 1 EIR 274 56-67-93 l :1l EIR 274 ~ - EIR 321 EIR 212 I I' ~ EIR 321 I`; I . GPA 145 EIR 274 _ ~ ~ GPA 145 r ~ GPA 214-I EIR 321 ^ ` GPA 361 GPA 145 I GPA 214 1 ' ki: ; "I IND. FIRMS GPA 214-I ; I GPA 361 I GPA 361 DAG 87-01 .- j IND. FIRMS i GENE AUTRY ~ ~ I BUSINESS PARK ' -: ~ .,~; ' i ^•,,: i®-260' 302' ~ GENE AUTRY WAY ML ML 99-00.15 99-00-15 (Res. of InL b SE) (Ras. of Int. b SE) EIR 212 66£7-14 90.91-fi EIR 250 56-87-93 (Res. of Int. b CO) EIR 268 EIR 212 66417-14 EIR 274 EIR 274 56.57-93 EIR 321 ML EIR 321 CUP 3673 GPA 145 IND. FIRMS GPA 145 GPA 214+I CUP 2562 GPA 214.1 GPA 361 SMALL IND FIRMS CUP 2508 GPA 361 CUP 4908 STADIUM BUSINESS PARK . CUP 1587 SMALL INDUSTRIAL FIRMS Conditional Use Permit No. 2002-04620 Subject Property Date: November 4, 2002 Scale: 1" = 200' Requested By: OSCAR RAMIREZ Q.S. No. 108 REQUEST TO PERMIT A BANQUET HALL FACILITY WITH ON-PREMISES CONSUMPTION, BUT NOT SALES OF BEER AND WINE WITH WAIVER OF MINIMUM NUMBER OF PARKING SPACES. 1383 East Gene Autry Way a69 Staff Report to the Planning Commission January 13;2003 Item No. 6- 6a. ` CEQA CATEGORICAL EXEMPTION-CLASS 1 (Motion) 6b. : WAIVEROF CODE REQUIREMENT (Motion) 60. CONDITIONAL USE PERMIT N0, 2002-04620 (Resolution),. -SITE LOCATION AND DESCRIPTION: 4 (1) This irregularly-shaped 4.8-acre property has a frontage of 302 feet on the Korth side of Gene Autry Way, has a maximum depth of 700 feet, and is located 260 feet east of the centerline of Betmor Lane (13133 East Gene Autry Way). REQUEST: (2) The petitioner requests approval of a Conditional Use Permit under authority of Code. Section 18.61.050.020 to permifa banquet hall facility with on-premises consumption; but not sales of beer and wine with waiver of the following: SECTION NO. 18.06:050.0262 Minimum number of oarkino spaces. 251 spaces required; 155'spaces proposed and recommended by the City TrafFlc and Transportation Manager. BACKGROUND: (3) This item was continued from the December 2, November 78 and November 4, 2002, Planning Commission meetings in order for the applicant to address building code issues and submit revised plans. (4) This property is currently developed with an industrial'complex and is zoned ML (Limited, Industrial).,This property is also located within the Stadium Area and Sports Entertainment Overlay boundary andiis designated for Business Office/Mixed Use/Industrial land uses on the Anaheim GeneralPlan Land'Use Element Map. (5) Surcounding land uses are as follows: Direction Land Use ' Zoning General Plan Designation All Directions :Industrial Firms ML* Business Office/Mixed Use/Industrial °All surcouhdingproperties are'under a resolution of intent to'the Sports Entertainment (SE) overlay zone. PREVIOUS ZONING ACTIONS: (6) The following zoning actions pertain to this`property: (a) Conditional Use Permit No 3497 (to permit anon-industrial training center for hotel/apartmentmanagementwith waiver of the minimum number of:parking spaces) was approved by the Planning Commission on March 9, 1992 (1305 East Gene Autry Way).` Sr8517ey.doc Page 1 Staff Report to the Planning Commission January 13,.2003 Item No. 6 (b) .Conditional Use Permit No: 2946 (to permit a 1,235;375 square foot commercial/office complex, including 56,000 square feet ofiaccessory retail uses within 5 buildings ranging in height from 110 to 223 feet and three multi-level parking structures with waiver of minimum structural setback) in conjunction with Reclassificatidn No. 87=t38- 14 (to rezone form ML (Limited; Industrial) to CO (Commercials Office ar,d Professional) or a less intense zone) and Development Agreement No. 87-01, was'. 'approvedby the City,Council on October27, 1987,. following approval by the Planning "Commission on September 14, 1987 (1284 East Katella and :1301 -1395 East 'Pacifico Avenue). PROPOSAL: (7) The petitioner proposes to establish'a 4,750 square foot banquet hall facility, with the service but notsales of beer and wine for on-premises consumption within an existing industrial complex. The site plan (Exhibit Not) indicates hat the banquet half facility wih be located in a currently vacant tenant space in the southwest comer of the complex. The plamaiso indicates a totatof six (6)ndustriai buildings, parking spaces spreadlhroughdut the complex and a 40-foot wide private streefalong the westem side of the property. zti+" ~, '~`~ fi 'ma`r- k :r ~- z ~ ~ s > i ~ '*~""' ~WS: ~ ay n f r t~ t«' ta* of +s ~ t l r7zi '~~~. ~ ~ -, n }- ~ ~ `~ ~~ ~~ ~ _ ~`~' z I ~ a ~ to _ t \~ ~ wx _. ~ ,~ ~~~ ~~ ~~ h Y rc Y / r r .Ya„s..~ µ x z 's c ~ '" ~_ : ~.€*'~..~ a Y y-}_~.,,., ~~ ~ r 4y~~~ -~ %'sn"-e / ~ C 'f3 %.. rt. '' ~~"' `t' y't 1 rs.=. ' .& ..:%' , ~ r o-.;rc.,~ . r? - € ' ~ xs a trc~ -~..,a ...~. ~..r.'v?,. . ,*tc View of the proposed banquet hall facility I i (t3) The floor plan (Exhibit No'. 2) indicates a large assembly area, waiting area, two offices and i separate men's and women's restrooms. The proposed assembly and banquet areas comprise approximately 3,500 square feet, with restrooms, offices. and waiting' area occupying the remaining space. The'assembly'area is expected to accommotlate a dance floor: and banquetldinner tables. No fixed seating plan was proposed or indicated by the petitioner. No expansion of the building is proposed. (9) Vehicular access is provided via a driveway on Gene Autry W ay and two driveways from a private street on the westem side of the property. The site plan indicates a total of 155'on- Page 2 Staff Report to the ;Planning. Commission January 13, 2003 Item No. 6`` site parking spaces for the industrial complex. Code requires a minimum of 130 spaces for tfte banquet facility and 121 spaces for the remainderbf the existing office and industrial suites fora otal of 251 spaces tiased on the fallowing; Andress (All located on Gene Aut Wa : Use ' Totai Square ! Footage Code-Required Parking Ratio " er 1,000 s.f. Parking ? Required 1301;:':1303, 1305 ' Atterhol (Construction and Interior Desi `n 15;400 1,55 24 1315 Ameridan PostatUnion 3,750 4 15 1321 ;. Newco 3,750 1.55 6 1341 Vacant 4,325 1.55 7 1343 Cutter-Hammer En ineerin Service 5,925 4 24 1361 Vacant 5,925': 1.55 ' 9 1363 - K-sine 5,925 1.55 9 1381 ,' Talkin's Sports So Cal 4,750' 1.55 7 1383 The Place (assembly area 4,434 29 128.6 The Place office 316 4 1.3 1391,:1393,.1395 West Bond Inc! Machine Sho ~! ,12,800 1.55 20 TOTALS 67,300'. 251 (10) No modifications to the existing landscaping are proposed. Thesite plan does not indicate :any additional landscaping proposed for the parking lot or setback areas.:! (11) Submitted photographs show asingle-story industrial suite with ho existing signage. Plans indicate a proposed twenty-eight (28) square foot wall sign on the south building elevation. -The proposed sign will occupy no more than three percent (3%)(of the south building. elevation. Code permits wall signs that do'hot exceed: ten percent (10%) of the area of the '.face of tfte building to which such sign is attached. (12) The petitioner submitted the attached letter of operation stating Ghat the banquet facility will be used by reservation only for weddings, birthdays, or such other similar special occasions !to provide dinner anddancing for attendees. Proposed hours of operation would be between 5; p.m. and. midnight on Friday through Sunday. Restaurant services would'not be provided to the general public.?he letter indicates that there would be no sales, only ervice, ofbeer and wine on site and tha€guests would be limited to a maximum of five 'alcoholic beverages each. Alcohol would top being served at least one hour prior to the end of each event. Live music and dancing would be provided upon request. The petitioner has also indicated that three uniformed (3)'securityguards would be on duty during all banquet and reception events. ENVIRONMENTAL IMPACT ANALYSISi (13) The Planning Director's authorized representative has determined that the proposed;project falls withinahe definition of Categorical Exemptions,'.Sectioni15301,Ciass 1 (Exlstirtg Facilities), as defined in the CEQA Guidelines and is, therefore; exempt from the requirement to prepare additional environmental documentation. Page 3 Staff Report to the Planning Commission January 13; 2003 Item No. 6 GROWTH MANAGEMENT ELEMENT ANALYSIS: (14) The proposed project has been reviewed by affected City departments to determine whether it conforms with3he Citys Growth Management Element atlopted by!the City Council on March 17, 1992. Based'on City staff review of the proposed project, it has tieen determined that this project does not fit withinthe scope necessary to require a Growth ManagemenfElementanalysis, therefore, no analysis has been performed. : EVALUATION: (15) Banquet facilities with the service but not sales of alcoholic beverages for on-premises consumption are permitted in the ML zone subject to approval of a conditional use permit. (16) The requested waiver pertains to minimum number of parking spaces. Code requires a minimum of 251 parkingspaces for the proposal and 155 spaces are proposed. The petitioner has ubmitted a parking study prepared by Traffic Safety. Engineers'dated September 1,2002, to substantiate the requested parking waives The City Traffic and Transportatiod Manager,has reviewed said study and has determined that the proposed parking is sufficient for the banquet facility and-industrial'complex. (17) Theparking study also includes the following findings to substantiate the requested parking waiver: "(a) :That the variance, under the conditions imposed, if any, will not cause fewer off-street .parking spaces to be provided for such use than the number of such spaces `. necessary to accommodate all'vehicles attributable to such use under the normal and ~ Treasonable foreseeable conditions of operation of such use. i The parking study indicates that the peakparking demand for off-street parking ~ paces is'substantiailylower tfian the quantity provided for the business center ' including,the proposed banquet facility. ~ (b) ::That the variance, under the conditions imposed, if any, will not increaseihe demand ~ and competition forparking spaces upon a public streets id the immediate vicinity of the proposed use. The business centerwill not increase or compete for on-sfreetparking because its parking lot has more than adequate parking to accommodate both the center and i' proposed banquetfacllity's peak parking'demands. ~ I_ (c) .That the variance, under the conditions imposed, if any, will not increase'the demand for parking spaces'upon adjacent private property in the immediate vicinity of the i proposed use. She business center parking lot is physically separated from other adjacent development. Furthermore, there is noreason to encroach other parking facilities r because the center's parking lot providesample parking as indicated in'the parking ianalysis. Page 4 Staff Report to the (Planning Commission January 13; 2003 Item No. 6` (d);, That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking areas or lots provided for such use. Traffioand parking congestion will not occur because the supply of parking spaces is almost double the anticipated projecfpeak parking demantl. (e) That the variance, under the conditions Imposed; if any, will not impede vehicular ingress to or egress from adjacent properties upon the puglic streets in the immediate vicinitybF the proposed use: The business center is physically separated from the adjacent private properties. Therefore, therewill be no impeding: of traffic access into or out of adjacent parking lots (18) ?he Anaheim Police Department indicates in the attached memorandum that this area has a crime rate of 11 percent above'average: Surrounding reporting districts also have'above average dime rates,'with the exception of the reporting districftb the north, with a dime rate of 44percent below average. There have been five calls for service at this location between October 2001 and October 2002. All five calls were burglary alarm calls. It should be noted that there will be no sales, only service, of alcohol at this location:: The Anaheim Police Department has no objections to the proposed'use but has included recommended conditions of approval to ensure the banquet hall operates in a'safe and orderly manner. (19) Staff contacted Alcoholic Beverage Control (ABC) to determine the type of licensing that would be required for he petitioner to operate this banquet hall facility. The petitioner currently owns afamily-run restaurant in Anaheim and is expected to provide the majority of the food catering services for events. The petitioner's restaurant currently has a Type 41 (On-Sale Beer and W the for a .Bona Fide Public Eating Place) license. According to`the ABC representative, the petitioner would need to obtain a Typei 58 (Caterer's Permit} license to provide alcohol for their customer's at a location otherthan their restaurants However, only restaurants with an active Type 47 (On-Sale General for Bona Fide Eating Place) license may apply for a Caterer's Permit. With: their current type of icense, the petitioner would not fie qualified to apply for a Caterer's Permit,,nor would they be permitted to provide alcohol for their customers at a location outside of their existing restaurant. (20) Two possible scenarios would allow for beer and wine to be served at the proposed tianquet facility. First, he petitioner may contract a caterer wiW a Type' S8 license to provide thealcoholic everages:Secondly beer and wine maybe purchased and delivered by the customers wtto reserve fiis banquet facility antl served by staff. The second 'scenario would be acceptable to ABC if no compensation for the alcoholic beverages is !paid to the; petitioner: The petitioner anticipates that he will eventually be eligible fora Caterer's Permit, enabling the banquet facility to be responsible'forsuppiying the alcoholic beverages as well as erving ibih the future. i (21) :Based on consultation with the Building and Fire Prevention Divisions, the maximum number of occupants permitted v/ithin the banquet facility is 230 people. (22) Commission may wish to note that the petitioner would also be required tobbtain a Dinner Dance permit for dancing and an Entertainment permit for live'entertainment. These'may be obtained from thelBusiness Licensing Division and are issued in one-year intervals. Page 5 Staff Report to the Planning Commission January 13, 2003 Item No. 6 FINDINGS: (23) Section 18.06.080 of the parking ordinance sets forth the following findings which are required to be made before a parking waiver is approved by the Commission:': (a) 'That the waiver, under the conditions imposed, if any, will not cause fewer off-street parking spaces to tie provided for such use than the number of such spaces necessary to accommodate all vehicles'attributable o such use under the normal and ` reasonably foreseeable conditions of operation of such use;'ahd (b) ;That the waiver, under the conditions imposed, if any, will not increase the demand and competition for parking spaces uponahe public streets to"the immediate vicinity of theproposed use; and (c) 'That the waiver, under the conditions imposed, if any, will not increase the demand and competition foriparking spaces upon adjacentprivate property in the immediate vicinity ofahe proposed use;iand (d) ;That the waiver, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking areas or lots provided: for such use; and (e) ;That the waiver, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties uponahe public streets ih the immediate `vicinity of the proposed use. Unless conditions to the contrary are expressly'imposednpon the granting of any waiver -, pursuant to this'Section by the Planning Commission or City Council, the granting of anyy such waiver shall be deemed contingent upon operation of such use in conformance with the assumptions relating to the operation and intensity of the use as contained in the parking demand study that formed the basis for approval of said waiver. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions as contained in ' the parking demand studyshall be deemed a violation ofahe express conditions imposed upon said waiverwhich shall subjecE aid waiver to terminatipn or modification pursuant to the provisions of Sections 18.03.091' and 18.03.092 of this Code. (24) Before the Commission grants any conditional use permit, it must make a finding of fact that the evidence presented shows that all o1'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 thatsaid use isinot 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 if isproposed to be located; (c) That the size and shape of the site for the proposed use is adequate to allow the full development of the proposed use in a manner noEdetrimental to the particular area nor td the peace, fiealth, safety, and general welfare; (d) That the,traffic generated by the proposed use will hot impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and Page 6 Staff Report to the Planning Commission January 13, 2003 Item No. 6 (e) That the granting of the conditional'use permitunder 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. RECOMMENDATION: (25) Staff recommends that unless additional or contrary informatibn is received during the meeting and based'upon the evidence'submitted to the Planning Commission, including the evidence presented in thisstaff report, and oral and writterrevidencepresented at the ;'public hearing thaf the Planning Commission take the following actions: (a) By motion, determine that the project is Categorically Exempt untler Section' 15301, Class 1 (Existing Facilities) of the CEQA Guidelines. (b) By motion, approve the waiver pertaining to minimum number of parking spaces based on the findings contained within the parking study submitted by the petitioner as oescribed!in paragraph nos. 16'and 17, and that the City Traffic and Transportation Manager upon review of said`parking study has determined that there is an atlequate supply of parking spaces for the banquet hall facility and based on the following: (i) ' That the waiver, under the conditions imposed, and based upon the ? conclusions contained in the ubmitted`parking demand study (as described in paragraphs 16' and 17 of This report), would not cause fewer off-street parking'spaces tobe provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to the banquet hall facility and industrial complex under normal and reasonably foreseeable conditions of operation of such use. (ii)i That the waiver, under the conditions imposed, would not increase the demand and competition foriparking spaces upon the public streets and adjacent private property in'the immediate vicinity of the proposed use. (iii) That the waiver, under the conditions imposed, would not increase traffic congestion within he off-street parking areas or lots provided for such Use. (iv) That the waiver, under the conditions imposed, would not impede vehicular ingress to or egress from adjacent properties, upon the public streetsn the immediate vicinity of the proposed use: (c) By resolution, approve Conditional Use Permit No. 2000-04620 (to permit a banquet hall facility with service but not sales of beer and wine for on-premises consumption) based on thefiollowing: (I) That the proposed use is properly one for which a conditional use permit is authorized by the2oning Code in the' ML Zone. (ii)` That the proposed use would not adversely affect the adjoining land uses and the growth and development ofthe area In which it is proposed to be located. Page 7 Staff Report to the Planning Commission January 13; 2003 Item No. 6 (iii) That the size and shape of the site for the proposed use is adequate to allow the full developmentof the proposed use ih a manlier not dettimental to the particular area nor to the peace, health, safety, and general welfare. (iv) That the traffic generated by the proposed use would not impose an undue tiurden upon the streets and highways designed and'improved to carry the traffic in the area. (v) That th~gi'anting of the conditional use permit under the conditions imposed, would not be detrimental to the'peace, health, safety and general welfarebf the citizens' of the City of Anaheim. THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS AN INTERDEPARTMENTAL COMMITTEEANDARE RECOMMENDED FOR ADOPTION BY THE `` PLANNING COMMISSION W THE EVENT THAT=THIS PERMIT IS'APPROVED 1. That this permit shall expire one (1) year from the date that the petitioner obtains a Certificate of Occupancy from the Building Division. 2. That no admission fee or any other type of public entrance fee shall be permitted for this facility.::. 3. That this facility shall not be open to the general public:.. ' 4. That use of promoters is prohibited. 5. That this facility shall only be utilized for wedding receptions, birthday celebrations, banquets and other such'similar special events. 6. That the sale of beer and wine for'on oroff-premises consumption shall be prohibited: Furthermore, that beer and wine consumed oq-premises shall be provided by a licensedbaterer or purchased' and delivered by the customers who reserve this banquet facility and servedby the banquet facility's staff' 7. That no beerand/or wine shall be'grovided unless served in conjunction with dinner ` 8. That the hours of operation shall tie limited to 5 p.m. to midnight on Friday through Sunday. i 9. That as determined by the Anaheim Fire Prevention Division, a maximum occupancy of 230 persons shallbe permitted on the premises'at any one ime. Signs indicating the occupant load sftall be posted in a conspicuous glace on a sign approved by the`Anaheim Fire Prevention Division near the main exit from the room.> 10. That the activities occurring in conjunction with the operation of this establishment shall not cause noise disturbance to surrounding'properties. 11. That at all times that dancing is being permitted, security measures provided shall be adequate to deter unlawful conducfon the part of the employees orpatrons, or to promote the safe'and orderly assembly and movement of persons and vehicles, or to prevent disturbancabf the neighborhood by excessive noise created by patrons entering'or leaving'the premises. Page & Staff Report to the Planning Commission January 13', 2003 Item No. 6'' 12. That at all times when the facility is being utilized, a minimum of three 3 uniformed securityguards shall beprovided to he satisfaction of the Anaheim Police Departmentto deter unlawful conduct on the part of patrons,'and promote the safe and orderly assembly and movement of persons and vehicles' and prevent disturbance to the neighborhood by excessive noise generated by patrons entering: or leaving,the premises. 13. :The business shall not employ or permit any persons to solicitor encourage others, directly or indirectly;: to buy them drinks in the licensed premises underany commission, percentage, salary, or other profit-sharing plan, scheme or conspiracy.... 14. All entertainers and employees shall be clothed in such a way as to not expose "speciFled anatomical areas"'as describetl in Section 7,16.060 of the Anaheim Municipal Cotle. 15. `The floor pace provided for dancing shall be free of any furniture or partitions and :maintained in a smoothand safe condition. 16. That there shall be no pool tables or coin.-operated amusement devices maintained upon the premises at any time. 1 Z ' That a manager shall be on site at atl times while the banquetfacility is in operation. 18. That no outdoor uses and/or assembly shall occur on subject;property. 19. That there shall be no public telephones on the premises located outside the building. 20. That this use shall comply with the requirements of Chapter 6.7p "Sound: Pressure Levels". 21. That the proposal shall comply with all signing requirements of the ML Zone unless a variance allowingsign waivers is approved by the Planning Commission. 22. That there shall be no exterior advertising of any kind or type,. including directed to the exterior from within, promoting of indicating the availability of alcoholic beverages. 23. That due o the change in usaand/or occupancy of,the building, plans shall be submitted to the r Building',Division showing compliance with the minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Mechanical and Fire Codes as adopted by the City of Anaheim:: The appropriate permits shall be obtained for any necessary work. 24. That all doors serving the banquet facility shall conform to Uniform Fire Code requirements and shall bekept closed at all times during operation of the premises except for ingress/egress, deliveries and emergencies. 25. That 4-foot high address numbers shall be displayed on the roof in a contrasting color to the roof material:: The numbers shall not be visible from tfie view of the street or adjacent properties. Said information shall be specifically shown on plans submitted for Police Department; Community Services Division approval 26. That this business'be equipped with an alarm system (silent or audible): 27. `That trash storage areas shalt be refurbished, including the installation of trash enclosure gates, to the satisfaction bf the Public Works Department, Streetsand Sanitationbivision to oomply with } approved plans onfile with said Department. Page 9 Staff Report to the Planning Commission January 13,.2003 Item No. 6 28. That the property shall tie permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. 29. That subject property sftall be developed substantially in accordance with plans and specifications submitted to the City of;Anaheim by the petitioner and which plans are on fife with the. Planning !! Department marked Exhibit Nos. 1 and 2 as conditioned herein. 30. That prior to issuance of a building permit, oc within a period of one (1) year from the date of this resolution, whichever occurs first) Condition Nos. 23 and 25, above mentioned shall tie. complied with. Extensions of further time to complete said conditions may be granted!in accordance with Section 18.03.090 of the Anaheim Municipal Code. 31. That prior to final building and zoning inspections, Condition Nos. 27 and 29 above-mentioned, shall tie complied with. 32. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to'compliance or approval of the request regarding any other appficable'ordinance, regulation or requirement. i r Page 10 ATTACHMENT - ITEM N0. 6 IYI ~ ItlE ® ~ F9 ~ ® ~ IUI City of Anaheim POLICE DEPARTMENT DATE: October 22, 2002 TO: fVoemi Alvarado Planning Department FROM: ' Sergeant Thomas J. Smith Vice Detail SUBJECT: Prefile 2002-04620 LOCATION: The Place -Banquet Facility 1383 East Gene Autry Way. Anaheim, CA The Police Department received an I.D.C. Route Sheet for Prefile 2002-04620. The applicant is requesting to establish a family banquet hall in an existing business park. The location is within Reporting District 2127, which has a crime rate of 11 percent above average. The Reporting District to the north is 2027 and has a crime rate of 44 percent below average: The Reporting District to the south is 2227 and has a crime rate of 80 percent below average. The Reporting District to the west is 2126 and has a crime rate of 138 percent above average..: The Reporting District to the east is 2128 and has a crime rate of 3 percent above average: The Reporting District to the northwest is 2026 and has a crime rate of 47 percent above average. The Reporting District to the northeast is 2028 and has'a crime rate of 9 percent below average. The Reporting District to the southwest is 2226 and has a crime rate of 17 percent below average. The Reporting District to the southeast is 2228 and has a crime rate of 80 percent below average. From October 2001 to October 2002 this location has had 5 calls for service. All 5 calls were burglary alarm calls: The Anaheim Police Department has no objections and requests the following conditions are placed upon the Conditional Use Permit: Memorandum William Sell The Place Page two 1. The permitted event or activity shall not create sound levels that violate any ordinance of the City of Anaheim. (Section 4.16.100.010 Anaheim Municipal Code) 2. At all times that dancing is being permitted, security measures provided shall be adequate to deter unlawful conduct on the part of employees or patrons, or to promote the safe and orderly assembly and movement of persons and vehicles, or to prevent disturbance of the neighborhood by excessive noise created by patrons entering or leaving the premises. (Section 4.16.070 Anaheim Municipal Code) 3. Any and all security officers provided shall. comply with all State and Local ordinances regulating their services, including, without limitation, Chapter 11.5 of . Division 3 of the California Business ahd Profession Code. (Section 4.16.070 Anaheim Municipal Code) 4. The operation of any business under this permit shall hot be in violation of any provision of the Anaheim Municipal Code, State or County ordinance.' (Section ', 4.16.100.010 Anaheim Municipal Code) 5. The business shall not employ or permit any persons to solicit or encourage others, directly or indirectly, to buy them drinks in the licensed premises under any 1 commission, percentage, salary, or other profit-sharing plan, scheme or conspiracy. (Section 24200.5 Alcoholic Beverage Control Act) ~ 6. The number of persohs attending the event shat( not exceed the maximum occupancy load as determined by the Anaheim Fire Department. Signs indicating ~ the occupant load shall be posted in a conspicuous place on an approved sign near the main exit from the room. (Section 25.114(a) Uniform Fire Code). 7. The business shall not be operated in such a way as to be detrimental to the public ' health, safety orwelfare. (Section 4.16.100.010 Anaheim Municipal Code) 8. All entertainers and employees shall be clothed in such a way as to not expose "specified ahatomical areas" as described in Section 7.16.060 of the Anaheim i Municipal Code. 9. The floor space provided for dancing shall be free of any furniture or partitions and maintained in a smooth and safe condition. (Section 4.16.050.010 Anaheim Municipal Code) Memorandum William Sell The Place Page two 10. Any violation of the application, or any attached conditions, shall be sufficient grounds to revoke the permit. (Section 4.16.100.010 Anaheim Municipal Code) Additionally the hours of operation will be from 5:00 pm to midnight and open Friday, Saturday, and Sunday only as requested by the applicant. At no time will there be a cover charge. The use of promoters is prohibited. During the hours of operation a minimum of three (3) security guards will be on duty at all times. f;\home\tgovernale\2002-04620 The Place -Banquet Facility.doc 1u UR ~~~ HPM`PSH%~ SP92" C1Ty ScHp~~1p15Ta\UT !I Variance No. 2002-04546 Requested By: DENNIS STOUT TO PERMIT TWO BUSINESS IDENTIFICATION WALL SIGNS. 915 South Harbor Boulevard - Carrows Restaurant Subject Property Date: January 13, 2003 Scale: 1" = 200' Q.S. No. 74 537 ~Ey O SH\PE P'V ~M FF P y o 0 ~~ ~ l p~ NCH ~ , 0 ~,~5 RS 29 2 Mts. v J tP ay'.n ~ p ' ppTS RSMACH ~pU ° oo rL X05 O Eo cuN~O NZ AVE ,~ A O vERM N Staff Report to the "Planning Commissidn `January;13, 2003 Item No. T 7a. CEQA'CATEGORICAL EXEMPTION -CLASS 11 (Motion) 7b. -VARIANCE NOS 2002-04546= i(Resolution)< SITE LOCATION AND DESCRIPTION:': (1) This irregularly-shaped 0.42-acre property'has a frontage of approximately 110 feet do the west side of Harbor: Boulevard„a maximum depth of approximately 163 feet and is located 'approximately 195 feet south of the centerline of Vermont Avenue (915 South Harbor Boulevard,?Carrows Restaurant). REQUEST: (2) Petitioner requests a waiver of the following Code Sections to permit two business 'identification wall signs: 'SECTION NOS, 18.48.130.060.0601(d)(1)' Permitted Number of WaII Signs and Sign AND'18:48.130:O6010604 (Exhibit 7.0a) Standard Matrix Reguiremehts (One business identification. wall sign' per building permitted; a total of two business identification wall{signs proposed including one existing sign;on the south building elevation and one proposed sign on the north building elevation). BACKGROUND: (3) The subject property is currently developed with afull-service restaurant and has been ~ 'zoned SPg2-2 (Anaheim Resort`Specific Plan No. 92-2) since'September 1994 (an aerial photograph depicting'the site is provided on the next Page). The property:. is also designated'for Commercial Redreation land uses in the City of Anaheim General Plan. (4) Surrounding land uses are as follows: Direction ! Land Use Zoning° General Plan Designation North'' Tops'Motel SP92-2 ' Commercial Recreation East,'across Harbor Boulevard .Vacant Retail Building CL General Commercial Soutft and West Ramada Limited North Gate SP92-2 Commercial Recreation •.SP92-2 (Anaheim Resort,Spec~c Plan No 92-2); CL (Commercial, Limited) DISCUSSION: (5) Plans indicate that there is currently one existing wall sign on the south elevation of the Carrows Restaurant. The petitioner proposes to install a second business identification wall sign on the north%elevation of the restaurant. Elevation plans indicate that said ign would be approximately 40 square feet in size with a maximum'sign height of 3 feet`and length of 7 feet, 7 inches in conformance with Code. requirements (Codepermits a wall sign to have an area up to 140 square feet ih size and a maximum sign height of 3 feet).(The sign copy SR8524GK Page 1 Staff Report to the Planning Commission January 13;2003 Item No. 7 rn ~, -s '. a ~~!' #. r .3: [ 4 'v s' • '~' 2 iy ~ l 1 ~ 3 ~ y `Fl-~ ~t ! t ~~~ 1~ r~ z'~ x.a. ..~ ~ {;~r,9Trcr'~a .rs~- ~' ~ t ~ ~ s s `~ .~~ ~ ~ +~ ~ ,,. ~.: < L ~ ~ ~. -`~ ~ ~- ~, r ire ~ - " sf ~ F r'"~ r . Q 4 hct I ~. ~, "i _..~, " ~ ~ rr x . ~ „~- ~~~ (°~! ~~~, 55 shy, ~ 4 ~ ~ ~ ~« ~~ ~ ~~ ~~ ~ ~ f ~s~;~, ~ ~ ~ Proposed ~ '~ ~ ` ~ Wall Sin .~`i2 ~~-~ ~ a y ../ ~h ~ ;, 3= x "° ~ Carrows ~~ ~ ~ ~ ~,~'~ z '~ ~ ~ -~ Rostaurant , ~~ _~ ~ 1 ~ ~ ~,„~ ~ i ~,~ ~ r ~ s ~ ~ ~~:~ y,~ ~ ~gp°`, ~r t tt rv yr ~~ ~~ ~ '~'t~~ ~~ ~~ ~ ~ t~`~ ,~~ Existing r z? s ~ tl.`}U 1i' 3 a .~ tom{ s J ~ ~ ~' "2.."'u "" Y d7v 9' ~ ~'~m r"k~+~4~"~,?y ..t<yT t l /l`'`.: .s.~ r~~~rd l't~ ~ , I "7 ~ 4 :.' .'`~ t ~ ~~ ~{ a k $~ u 4~ 3 {y ~ A y/~ Y / y -s: m 's ~ : v ~> ~ x £r'- fin -~~' i ,c- ~ '. ~~ r~ ~t ~ , „~ N Carrows Restaurant - 91b South Harbor Boulevard SR8524GK Page 2 Staff Report to the Plannirg Commission January 13, 2003 Item No.7 would read, "CARROWS RESTAURANT" (in respective yellow-and red letters) on a blue 'background. A copy. of the submitted sign plan hasbeen provided to thei Planning ;: Commission and is on file and'available,for public review in the Planning Department. (6) .The requested waiver pertains o the maximum number of permitted wall'signs. Fot freestanding restaurants, Code permits one business identification wall sign per building. As previously indicated, there is currentlyone existing wall sign on the south building `elevation and the petitioner proposes to install a second wall sign on the north building elevation. ' (7) .The Code ypically permits each business or complex to have the business name identified ' from the adjacent public right-of-way by one wall sign and one'freestandng monument sign 'which could be oriented towards differentdirections of traffic flow. As indicated in the petitioner's "Justification for Variance/Code Waiver'` (Attachment A to this staff repprt), the :existing wall sign onthe south elevation invisible to'northbound Harbor Boulevard traffic; '.however,; it is not visible to southbound Harbor Boulevard traffic. In addition, site constraints preclude he installation of an'Anaheim' Resort freestanding monumenfsign on -the subject property (the setback area between the existing building and the public;right-of- way is approximately8 to 11 feet wide and a minimum 12-footwide area is needed to `accommodate a monument sign). (S) 'Planning Commission may wish to note that all of the properties on the west side of Harbor ' Boulevard'between Vermont Avenue antliBall Road are locatetl within the Anaheim: Resort Specific Plan Zone.: The subject property:. is the only property on this block where if is not .feasible to install an'Anaheim Resort monument sign due to the narrow width of the front setback area. (9) Planning Commission may also'wish to note that in the Anaheim Resort Specific Plan Zone, sign Waivers to permit a second wall sign for freestanding restaurants have been approved in the pasCwhere it was not feasible to install an Anaheim Resort monument sign (i.e., sign waivers were approved to allow two wall signs at the`,Tiffy's Family Restaurant on the southeast corner`of Katella'Avenue and West Street and at the Coco's Restaurant on 'the southwest corner of Katella'Avenue and West Street). (10) Based upon the above, staff supports approval of the requested waiver as existing site `constraints; precludeahe installation of an Anaheim Resort freestanding monumentsign on ahe subject property: and two wall signs would provide for the restaurant to be identified from botn'directions of traffidflow on Harbor Boulevard. ' ENVIRONMENTAL IMPACT ANALYSIS: (11) The proposed project falls within the definition of Categorical Exemptions; Class 11¢ (construction or replacement of minor structures accessory to existing commercial, `industrial or institutional facilities, including, but not limited to, on-premise igns) as defined 'in the California Environmental'Quality Act (CEQA) Guidelines'and is, therefore, categorically exempt from the requirements to prepare additional environmental documentation. FINDINGS: (12) When practical difficulties or urinecessary hardships result from strict enforcementof the Zoning Code, a modification may be granted for the purpose bf assuring that no property, SR8524GK Page 3 Staff Report, to the Planning Commission January 13;2003 Item No. 7 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 variance or code waivecis to prevent discrimination and none shall be approved which would have the effect df granting a special privilege not shared by other similar properties. Therefore, before any variance or code waiver is granted by the Planning Commission; it shall be shown: (a) That there are special circumstances applicable to the property such as size, shape, topography, location or surroundings, which do not apply to other identically. zoned properties in the vicinity; and (b); That strict application of the Zoning Code deprives the property of privileges enjoyed by other properties under the identical zoning classification h the vicinity. RECOMMENDATION` (13) Staff recommends that, unless additional or contrary information is received during thee. public hearing, and based upon the evidence submittedao the Planning Commission, including the evidence presented in this staff report, and oral andiwritten evidence presented at the publid hearing, the Planning Commission take the following actions: (a) By Motion, find that the project is categorically exempt under Class 11'of the CEQA Guidelines; and, (b) ; By Resolution, a pp rove Variance No. 2002-04546, subject to staffs recommended conditions of approval included in this staff report,'waiving the permitted numberof wall signs and the(Sign Standards Matrix requirements to permit a total of two business identification wall signs, inasmuch as the submitted evidence does identify special circumstances with regard to the configuration of the property and the existing building which do not apply to other identically zoned properties in the vicinity, antl, that the strict application of the Zoning Cade would deprive the property of privileges enjoyed by other properties within the identical zone classification in the vicinity'as described in paragraphs (7) through (10) of this staff report. ~ THE FOLLOWING CONDITIONS ARE SUBMITTEDBY VARIOUS CITYbEPARTMENTS ?ACTING ASAN-INTERDEPARTMENTAL COMMITTEE AND ARE RECOMMENDED FOR ADOPTION BY THE PLANNING`COMMISSION IN THE EVENT THAT VARIANCE NO 2002-0454611S' APPROVED. 1 s That the subjectproperty shall be developed substantially`in accordance with the plans ahd specifications submitted to the City ofAnaheim'by the petitioner and"which plans are on file with the Planning Department marked Exhibit Nos. 1 through 3. 2.< That approval of his application constitutes approval of the proposed request only to the extenFthat it complies with the Anaheim Municipal Zoning Code and`any otherapplicable City, State and Federal regulations. Approval does not include any action or findings as 30 compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. SR8524GK Page 4 i ~ SECTION 4 PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR1 WAIVER OF CODE$ECTION: ~g ~fi~~ ~3U .(7Gt~.Y~t~~~~ ~ G~~L~ IB't~~~ ~ J ~ ~' ~D ~`r'1riMWVw .vKw,b~r > (A separate statement is required for each Code waiver) 0766) (d)( PERTAINING TO: 1~uSlh 6S ~c1 t~~ ~ ~ [c21;L-- l.J^ ~ ~ S;Gw C 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. 1. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundings? o= Yes _ No. If your answer is "Yes," describe the special circumstances: 2. Are [he special circumstances that apply to the property different from other properties in the vicinity which are in the same zone az your property? Yes _ No If your answer is "yes," describe how the property is different: S ~ c -~~'*tic IAt r1~ 3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? .Yes _No If your answer if "yes," d1e~scribe the special circumstances: ~ Q i~CC I.ll( 4. Were the special circumstances created by causes beyond the control of the property owner (or previous property owners)? ~ Yes _ No EXPLAIN See- 4.(~tic.lnec). The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved which woulc~„~iave the effect of granting a special privilege not shared by other property in the same vicinity and zone wh~not othenyise re;aTyla~y horized by zone regulations governing subject property. Use variances are not permitted. Property Owner or DECEMBER 12, 2000 i4" ~ `r; ~I~ 2~2 REOEIVLD ~ n~~~1~6 "~EPARTRREPIT 9~ -._ ~ Date USE PERMIT/VARIANCE NO. ~ Z' UHS~(~' PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER 1. The building is located too close to the front property line to allow for the required setback for a monument sign. As a result, the business has to rely on wall signs to properly identify the use. The existing wall sign on the angled entrance is not visible from southbound traffic on Harbor Blvd. 2. Other properties in the vicinity do not have the angled entrance .and their wall signs, when applicable, are more visible to both North and South bound traffic on Harbor Blvd. Most of the properties have double faced monument signs giving them adequate visibility. 3. Currently all of the other properties in the vicinity enjoy the use of a double faced monument sign giving them adequate visibility from traffic on Harbor Blvd. The Clinics Medical Center has two wall signs and the Anaheim Tropic has a pole sign. 4. The Municipal Code changed and .made the long existing pole sign illegal. Once removed, Carrows will have no identity exposed to South bound traffic on Harbor Blvd. as the legal wall sign over the angled entrance is not visible from southbound traffic on Harbor Blvd. ~~\~~~i u~a~1j R£OE9YED P~artr~~s `_ ~EPRRT~tE~T VARIANCE NO- i~U~' U~IS~~~ ITEM N0. 8 75-76-10 V-2743 1 DU EAG oV N _r ~O W oU J ~~ O ~p V RS-7200 1 DU EACH 1D 1 1 J a O J O Z w ALDEN AVE RS-A-43,000 CUP 2001-04309 CUP 3305 CUP 455 CHURCH DAY CARE CENTER SOUTH STREET RS-A-03,000 CUP 445 CHURCH F- W W F F- Cn Y Z VIKGINIA AVE - RS72pp ~ 1 DU EACH RS-7200 TTM 16340 RS-A-03;000 91-92-15 RS-7200 1 DU T-CUP 2001-04370 1 DU EACH CUP 4166 . 174 VAR 2002-04542 I ~. VAR 4160 JJ~~ VACANT: '~ ALDEN PL i ou N r- _ VACANT- ' °o ¢ ~ ~ RS-A-03,000 ~ p 10U ~ a RS-7200 -' 65-86-20 V-3533 c 1 DU EACH V RS5000 n-~e-sr RS-A-03,000 v z i ou CUP 1197 KINDER Rswaa n-»+ CARE vaaoz. NURSERY + ou °oV rW U1 ~ ~ N R' ~ Q o STANDISH AVE RS-7200 1 DU EACH 1 DU EACH DIANA DR 1 F v O J 2 ~G a ~@ ~w Variance No. 2002-04542 Subject Property Tentative Tract Map No. 16340 Date: January 13, 2003 Scale: 1" = 200' Requested By: THAO TRAN Q.S. No. 123 REQUESTS WAIVERS OF: (a) MINIMUM LOT WIDTH AND FRONTAGE (b) ORIENTATION OF RESIDENTIAL STRUCTURES ADJACENT TO ARTERIAL HIGHWAYS TO CONSTRUCT FIVE (5) SINGLE-FAMILY RESIDENCES. TENTATIVE TRACT MAP NO. 16340 - TO ESTABLISH A 5-LOT, 5-UNIT DETACHED SINGLE-FAMILY RESIDENTIAL SUBDIVISION. 610 South Sunkist Street sz1 Staff Re Planninc ''January Item Nb 8a. CEQA NEGATIVE bECLARATION 8b. ` VARIANCE NO! 2002-D4542'` 8c. !TENTATIVE TRACT MAP NO. 16340 ie issidn 3 lion). SITE LOCATION AND DESCRIPTIONi' (1) This rectangularly-shaped, 1.07-acre property has a frontage df 268 feet on the east side of SunkisEStreet, a maximum depth of 174 feet and is'iocated 400 feet north of the centerline of South Street (610 South Sunkist Street). ! REQUEST: (2) The petitioner requests approval of the following: Variance'No. 2002-04542 -waiver of the following in order to construcf five (5) single- family residences under authority of Code Section18.03.040'.020: (a) SECTION NO. 18.26.061.020 Minimum lot width. 70 feet required; 53.5 feet proposed). (b) SECTION NO. 18.26.065.010 Orientation of residential structures adjacent to arterial'hiahwavs. `(Structures requiredao rear onto arterial highways; structures fronting onto ' Sunkist Street) Tentative Tract Map No. 16340 - to establish a 5-lot, 5-unit detached single-family res id ential' s u bd ivis ion. BACKGROUND: (3) '.This property is currently developed with asingle-family residence (to be demolished) and is zoned RS=7200 (Residential Single-Family). The Gity of Anaheim General Plan Land Use Element Map designates this property for Low-Density Residential land uses. YL";~ r ,4~~w'^$r ~~~~` 1 Y ii v .~ ~~~'~~ ^'n~.~ivt~~~i r~ Y `i~ f tF ~ ~t ~e r ~~, f ~' ~.~ 'h'~~cS,r t~~~$5~~~~~5~ r1x ~, ar '..f rl `~ „'uta+'^,( a~~a. ..~ ~~ ~ \ ~~,,r ' T c~ a.., ~ a „~. r a S ,Cs ~r~-. 1*""'~"i.+tL a: r .:c ^y""` "`'^4'~s ~` `s`'o-~ ~y„ t"Y' C 1J~, ~ t ~ a "~- a k r ~ i`'w` 7: rr i 4 I ,r W x~ I ~i '~`-Nar:a.`"4 ~rxs~%si"i's` ~ w+~* ~."~-°---E. w`_..ws .~e+~+~ ~n u-< ~ ~,. ~ ~ ~ . N ' ;...--- ~ 1~ .. , .._~ i . `'` ~, . r xe ~ - s r r a t ~~~~ . ~ , . ,.."~.v. F sr8525av ~ Single-family home (td be demolished) Page 1 DIRECTION iLAND USE ZONING GENERAL PLAN DESIGNATION North and Single Family Residences RS-A-43,000 Low Density Residential sot,tn East and West Single Family Residences RS-7200 , Low Density Residential (across Sunkist' Street) Lot Proposed Lot Witlth Required Minimum Lot Width' Proposed Lot Area 'Required Minimum Lot Area 1-5 53.5 feeP 70 feet ' 9,389is.f. 7(200 s.f. ,Lot Size' Front Setback Side Setback 'Rear Setback Lot. Lot '(square i Proposed/Required : Proposed/Required- Proposed/Required Coverage feet ;Pro osed/Allowed 1 9,389 s.f. 35 feet/ 25 feet 5 feet? 5 feet 45 feet /'25 feet 27%Y'40% 2-5 9;389 s.f. ' 25 feet / 25 feet 5 feet / 5 feet 55 feet / 25 feet 27% / 40% Staff Report to the Planning Commission i January 13, 2003 + Item No 8 ~~ - - tyti; ~xy ~~;;~, t u '}~~ , t3q , ;, < , f k'~;~~ ~ ~,_. 1 ~.' ,~ JM1. ~ ; 6~ 4 ,. ~ `.. Txl h SY `~~ ~ ~ ~i "' m~ ~) ~~ i}1 ~ - h ~ k ~ t ~q X54 ~ rN ~... ~~.7P '~j°~ sv'~:~k~f"~X~ E?i E ~~~ stn. t Y 5 ~ K r,'~ "S, ,.5 }y~y ~ ~', x°5~~~~^~~~~.' ~~i~ ri~'tik'i~~.. e. wT+~.c-"-"_- a'F..wa~+'".v-.~..-"'~.~~"w-y-.r rs < f- ~.~ ~ , r 2 ~ 'n- } r r z t a > .! q ~"`N~t.i~'' mv°"t`"'j`rs^ ~ a '~, h ~u ~ ~ ~ %~ n.~p ~~, J ~ ~ ~' xff 3 t a 4~'iu~`~r3£ - a ~ r~q `t~,'sa":."' ~1 f 1. S n S " ... 1 ~_i,=.~.w ~-.<, . ?" .,.~.v~%a~ a .C of u View of subject property looking east I (t3) The floor plans (Exhibit Nos. 2, 3a, and 3ti) indicate the homeswould be developed'. as two- 'story residences. Each home would have'5 bedrooms and 3.5 bathrooms with the first floor comprised of one bedroom, one full bathroom, a powder room; kitchen, living room,: laundry ''room, dining room and family room, and the second floor with'3 bedrooms and 2 bathrooms... (g) Each lot would have a driveway leading ko each residence from Sunkist Street providing vehicular access for the proposed homes: Each residence would have 6 parking spaces, with 4 spaces provided in a garage and 2 open spaces adjacent to the garage for each parcel. Cotle requires a minimum of 30 spaces based on the ratio of 6 spaces per: single- `family residence, 3 of which must be enclosed in a garage. (10) Elevation drawings (Exhibit Nos. 4, 5, 6 and 7) indicate two-story residences with a 'structural height of 25.2 feet. The elevation drawings indicate the proposed structures would face west toward Sunkist Street (to matcfi other residences along the street). Code permits two-story residences; but requires residences to rear' onto an arterial highway. The`elevation 'drawings. indicate a contemporary architectural stylawith exterior building materials'. consisting'bf a stucco finish, stone veneer wainscoting, clay mission file roofs and second- `story balconies with'decorative'wrought iron railings; The elevation drawings further indicate the two-story structures would be constructed with the second floor setback from the first floor garages on the west elevations facing SunkisEStreet to provide visual relief and 'architectural interests Page 3 Staff Report o the Planning Commission r January 13;`2003 Item No, 8 ' ENVIRONMENTAL IMPACT ANALYSIS: '' (11) Staff has reviewed the proposal and the Initial Study (a copy of which is available for review in the Planning Department) and fihds no significant environmental impact antl, therefore, recommends that a Negative Declaration be approvedupon a finding by the Planning Commission that theNegative 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 thatlthere is no substantial evidence that the i project will have a significant effect on the environment:: GROWTH MANAGEMENT ELEMENT ANALYSIS: (t2) The proposed project has been reviewed by affected City departments to determine whether it conforms with the City's!Growth Management Elementadopted by the City ; Council on March 17, 1992. Based on City staff review'of the proposed project, it has'been determined that this project does not fit within the scope necessary to require a Growth Management Element analysis, therefore, no`analysis has been performed. .EVALUATION: (13) This property is zoned RS-7200 which permits single-family homes with a minimum lofsize of 7,200 square feet. The proposed subdivision would create five (5), 9,389 quare foot lots'. The Anaheim General Plan Land Use Element Map designates this property for Low Density Resitlential landruses, with. a density range of up to 6 dwelling units, per acre. The proposed development would be consistent with the General Plan land use designation of Low Density Residential'and the zoning designation ofRS-7200 for this site and is compatible with the existing residential developments irrthe area. ;Therefore, staff recommends'approval of the proposed subdivision. (14) Waiver (a) pertains to minimum lot width. Code requires a minimum lot width of 70 feet and the ite plan indicates the proposed lot width would be 53.5 feet for each residential lot; The applicant submitted the attached justification of waiver, which states the configuration of the parcel is unusually deep (174 feet) which limits lot configurations that would comply with the required lot width while achieving7,200 square foot lots: Staff recommends`approvatof this waiver because the submittal has demonstrated that the lots could independently comply with site development standards of the proposed zone-(RS-7200)despite the wavier of lot width. Further, the proposed lot widths and configurations are consistent with all other lots in the immediate vicinity:: (15) Waiver (b) pertains to orientation of residential structures adjacent to arterialhighwaysi Cotle requires. that residential structures be oriented sous to rear'onto an arterial highway, The Anaheim'General Map Circulation Element Map designates Sunkist Street as a Secondary Arterial highway. The applicant's proposal indicates that all five residences would front onto SunkisfStreet. Staff is supportive of this waiver because ifwould be consistent with the existing neighborhood ofsingle-family homes.' (t6) Staff is pleased with the quality of the proposed development and feels that the five homes would be consistent with the existing development pattern and an'asset to the surrounding neighborhoods The configuration of the lot and the orientation of homes in the immediate vicinity provides justification for the proposed waivers. Page 4 Staff Report to the Planning Commission `January 13, 2003 Item No. 8 FINDINGS: (17) When practical difficulties or unnecessary hardships result from strict enforcement of the Zoning Cotle, a modification may be granted for the purpose ofassuring 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 variance is to preventdiscrimination and none shall be approved which would have the effect of granting a special privilege not shared by other similarproperties Therefore, .before any variance;is granted by the Planning Commission, it shall be shown: (a) That there are special circumstances applicable to the property such as size, shape, topography, location or surroundings, which db hot 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' identicalzoning classification in the vicinity. (18) "The State Subdivisibn Map Act (Government Code, Section 66473.5) makes it mandatory tb include in all motions approving, or recommending`approvai of a tract map, a specific finding thatithe proposed Subdivision together with fts design and improvement is consistent with the City's General Plan. .Further, the law requires that the Commission/Council make any of the fbllowing findings :when denying or recommending denial ofia tract map: 14That the proposed map is not consistent with applicable Genetal and Specific Plans. 2That the design or improvement of the proposed subdivision is not consistent with .'applicable General and Specific Plans. 3:That the site is not physically suitable forthe type of development. 4:That the site is not physically suitable forthe proposed density of development. 5:That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantiallyand avoidably injure. fish or wildlife or their habitat. 6:That the design of the subdivision or the type of improvements is likely to cause serious public health problems. T.That the design of the subdivisicn or the type of improvements will conflick with easements, acquired by the public at large, for access through or use of property within the proposed subdivision:' RECOMMENDATION: (19) Staff recommends that unless additional or contrary information is received during the meeting, and basedvpon the evidence submitted to the Planning Commission, including the evidence presentedih this staff report, and oral and written evidence presented at the public ? hearing that the Commission take the following actions: Page 5 Staff Report to the Planning Commission January 13;2003 Item No. 8 (a) By motion; approve a CEQA Negative Declaration. (b} By resolution, approve Variance No. 2002-04542 (to construct five single-family Yesidences) based dh the following: (i) 'Shat waiver (a) pertaining to minimum lotwidth and frontage lot width should be ap rp Dyed based on the irregular depth of the property and that thereare 'existing lots in the vicinity with similar lot widths. (ii) That waiver (b) pertaining to orientation of residential structures adjacent to arterial highways should be approved based on the honsistency with thee: orientatidh of the existing single-family homes in the immediate vicinity. (c) By motion, a rove Tentative Tract Map No. 16340'(to establish a 5-lot, 5-unit single- familyresidential subdivision) since the design and improvement of the proposed subdivision would tie consistent with the General Plan land use designation of Lowe Density Residenkial. THE FOLLOWING CONDITIONS ARE'SUBMITTED BY VARIOUS CITY DEPARTMENTS> ACTING'AS AN INTERDEPARTMENTAL COMMITTEE AND'ARE RECOMMENDED FOR ADOPTION BY THE I PLANNINGCOMMISSIONiN THE EVENTTHATVARIANCE NOQ002-045471S APPROVED. 1. That all requests for new water services or fire lines, as well as any modifications, relocations, or abahdonment of existing water services and fire lines, shall be coordinated hrough thel Water Engineering Division of the Anaheim Public Utilities Division. j 2. That the property owner/developer shall install street lights on Sunkist StreeEand a bond shall be posted for said installation prior to'issuance of building permits. The streeb lights shall tie installed prior to occupancy. 3. That any required relocation of Cityelectrical facilities shall be at the expense of the developer. 4. That the property owner/developer shall complete an application with the Water Engineering Division of the Public Utilities Department to abandort the existing well sitelocated on the property in accordance with Engineering Standard Nos W-630 and to the satisfaction ofthe Public Utilities Department, Water Engineering Division. Said well site shall be abandonedprior to the issuance of a 'certificate of occupancy for the first unit. 5. That all existing water services shall conform to currentWater Utility Standards. Any existing water services thatare not approved by the Utility for continued use shall: be upgratled to current standards, or abandoned by the developer. If the existing services'are not longer needetl, they sfiall be abandoned by the developer. 6. That all lots shall be assigned street addresses by the Building Division. 7. That trash storage areas'shall be provided antl maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division and in accordance with'approved plans on file with said'departmeht. Said areas shall be specifically indicated on plans submittetl for building permits; 8. That approvafof this variance is contingent upon the approval of the Tentative Tract Map No. 16340 now pending. r Page 6 S Staff Report to the Planning Commission January;13, 2003 Item No: 8 9. That enhanced paving shall be constructed on all driveways. Said information shall be specifically shown on plans submitted for building permits. 10; That subject property shall be developed'substantially in accordance with plans and specifications ':'submitted to the City of Anaheim by the petitioner and which aye on file with the Planning Department marked Exhibit Nos: 1 througft`7, and as`conditioned herein. 1 L' That prior to issuance of a building permit, or within'a period of one year from the date of this resolution( whichever occursfirst, Condition Nos.`1, 2, 4, 6, Tand 9 above mentioned shall tie complied with. 12: That prior o final building and zoning inspections, Condition No. 10, above-mentioned, shall be complied with. 13:' That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Codeand anybther applicable Ciry, State and Federal regulations. Approval does not include ahy action or findings as to compliance or'approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS AN INTERDEPARTMENTAL COMMITTEE AND ARERECOMMENDED FOR ADOPTION BY THE PLANNING COMMISSION IN THE EVENT THATTENTATIVETRACT MAP 16340'ISAPPROVED. 1. 'That the existing house shall be demolished. The legal property owner shall obtain a demolition permit from the Buildingbivision. 2. That the property owner/developer shall provide the Ciry of Anaheim with a public utilities easement to be determined as electrical design is completed. 3. `That approval of Tentative Tract Map No: 16340 is contingent upon approval of Variance No 2002- 04542, now pending. 4. That a final tract map to record the division of the subject property shallbe submitted to and approved by the City of Anaheim and sftall then be recorded' in the office of the Orange County Recorder. 5. That the Ciry of Anaheim Sewer Connection Fee shall be paid. 6. That prior to approval of the final parcel map, Condition Nos: 9, 2 and 5, above-mentioned, shall be complied with. 7. 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 anypther applicable Ciry State and: Federal regulations. Approval does not include'any action or findings es to compliance or approval of the requesfYegarding any otherapplicable ordinance, regulation br requirement. Page 7 HI INI. FiMtNI - 11tH NV. O . ~ -. SECTION4 PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: ~ P7 2~ ~ OCDI . O'LO (A separate statement is required for each Code waiver) PERTAINING TO: ~ WI~T+-} 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: 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. [n 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. Ifyou 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? / Yes _ No. Ifyour answer is "Yes," describe the special circumstances: 2. Are the special circumstances ths~t apply to the property different from other properties in the vicinity which aze in the same zone as your property? T Yes _ No If your answer is "yes," describe how the property is different: 3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? Yes _No Ifyour answer if des," describe the special circumstances: 4. Were the spec al circumstances created by causes beyond the control of the property owner (or previous property owners)? Yes _ No EXPLAIN The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved whi h would have the effect of granting a special privilege not shared by other property in the same vicinity and zone which is not the ' e expressly authorized by zone regulations governing subject property. Use variances aze not permitted. a~T ~, 2-~o Z Signature of perty Owner n o +~he~,Ad-sue nt Date DECEMBER 12, 2000 CONDITIONAL USE PERMITNARIANCE NO. VAR ~JQ. 2002 - 0 4 5 ~ 2 SECTION 4 PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: ~ ~ ZCP ~ d ~D~ • ~ ~ d _ _ ,_ _ (A separate statement is required for each Code waiver) _ _ PERTAINING TO: 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: 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 a[ a decision, please answer each of the following questions regarding the property for which a variance is sought, fully and as completely as possible. If you need additional space, you may attach additional pages. Are there special circumstances that apply to the property in matters such assize, shape, topography, location or surroundings? ~ Yes _ No. If your answer is "Yes," describe the special circumstances: `f1-I~i ~0~~' Y~ Gtl~i~7~lf~' k~~ 2. 4. The sole Are the special circumstances t4at apply to the property different from other properties in the vicinity which are in the same zone as your property? '_/ Yes _ No If your answer is `'yes," describe how the property is Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? Yes _No If your answer if "yes," describe the special circumstances:: Were the special circumstances created by causes beyond the control of the property owner (or previous property owners)? _ Yes _ No EXPLAIN ~ -~1p1~~~_~1~ G'O'.~{a~9C~1e-F~ ~I~~~ f~~ I1.~ f 1'~ ~S of any variance or Code waiver shall be to prevent discrimination, and no variance or Cade waiver shall be would have the effect of granting a special privilege not shared by other property in the same vicinity and zone ;rwise expressly authorized by zone regulations governing subject property. Use variances are not permitted. of DECEMBER 12, 2000 _ ~ ~~ 7~ Agent Date CONDITIONAL USE PERMITNARIANCE NO, VAR r;0. 2002 - 0 4 5 ~ 2 ITEM N0. 9 C~ 330,. Conditional Use Permit No. 4121 Subject Property Conditional Use Permit Tracking No. 2002-04648 Date: January 13, 2003 Scale: 1" = 200' Requested By: LANDREY PROPERTIES LP Q.S. No. 131 REQUEST FOR REINSTATEMENT OF THIS PERMIT BY THE MODIFICATION OR DELETION OF A CONDITION OF APPROVAL PERTAINING TO A TIME LIMITATION (APPROVED ON JUNE 21, 1999 TO EXPIRE JANUARY 31, 2003) TO RETAIN AN AUTOMOBILE STORAGE LOT WITH A MODULAR OFFICE UNIT. 2861 East Miraloma Avenue -California Auto Dealers Exchange A 0 532 /~OSGUM SS. yg0 sP ~'~i3 Staff Report to the Planning Commissipn January 13; 2003 `Item No. 9' 9a. ' CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) (Motion) 9b. CONDITIONAL USE PERMIT N0.4121 ? (Resolution) , (TRACKING NO. CUP 2002-04648) SITE LOCATION ANDDESCRIPTION: ' (1) This rectangularly-shaped 4.7-acre, property has a frontage of 330 feet on the north side of Miraloma Avenue, a maximum depth of 6T4 feet and' is located 980 feet west of the centerline of Red Gum street (2861 East Miraloma Avenue -California Auto Dealers' Exchange). REQUEST: (2) The petitioner requests reinstatement of this permit by the modification or deletion of'a condition of approvalpertaining;to atime limitation (approved on June 21,.'1999, to expire on January'31, 2003) to retain an automobile storage,facilitywith amodular office unit under authority of Code Section 913.03.093: BACKGROUND: (3) This property is developed with an automobile storage lot and is'zoned SP94-1, DA1 .(Northeast Area Specific Plan, Development Area 1 -:Industrial Area) and`is located within the Project Alpha Northeast Redevelopment Area. The Anaheim General Plan Land Use .Element Map designates this property for General Industrial uses. (4) Surrounding land uses are as follows: Direckion Land'Use Zoning 'General Plan 'Desi nation North Ci of Placentia N/A Ci of Placentia N/A Ci of Placentia r East, South and West .Industrial Buildin s SP94-1/DA 1 General Industrial (5) Conditional' Use Permit No. 4121 (to permit and retain an existing automobile storage facilirywith a modularbffice unit) was approved by the Planning,Commisson on June 21, 1:999 and expires on January 31, 2003. Resolution No. PC99-1.10 adopted in conjunction with Conditional Use Permit No: 4121 contains the following coriditipn of approval "1. That subject use permit shall expire on January 31, 2003:' DISCUSSION: (5) Paul Kott, representing the business owner, has submitted a request for reinstatement to 'retain the automobile'storagefacllity and modular office unit. Tfte petitioner also requests deletion of the condition of approval pertaining to a time limitation. Sr8514ey : .Page 1 Staff Report to the Planning Commission January 13;2003 Item No. 9 (7) In order to demonstrate that the findings required for the reinstatement of this use have beery satisfied the petitioner has submitted the attached Justification for Reinstatement which indicates'that no aspect of the operation has changed since the last approval, that:. the physical property has'Femained(the same,'and that all conditions of approval pertaining to the permit have been complied with. ~ ' r, „ .,~ tt ,a ei u.:~~. t ` r 4 ~ ' ~/ v a t ~' ~ y ~~ a AY~j~`j:c„~. yy ~ e f~~~4 CC (, n S~l~ W ..w. ~~ '/ nM k~r ~,..~ .' '' ~ I 1},;~ '~, i F~1 ~ !'4'.. 'ilk I K n ~ A s ~ ~ ~ f as ~„, 4r' `~ „ems f J~ „r ~ .? r f ea ~ rs,'v ~s jxf.""t°1a ~~b~.`~y~ i"> i*"ss s a n ~.'±~w3~ s~h~ ,y s „~ao~v.<. ,z,- ., ,", ,..#~r,'. -cq&"'~n~4,~.sf ?frii r.~;.''....Y-E-,'~s..,"r~.~~.~. ~.7A a;J'~.. Y.h::..,i';> View of Subject Property from Rflfwiraloma Avenue (8)' The Code Enforcement Division has submitted a memorandum dated December 12, 2002, regarding the current status of the property. The memorandum documents that the petitioner is complying with conditions of approval and a recent staff inspection indicates`. thafthe property is being properly maintained. ~ (g) The Commission may wish to note that there have been no changes to the SP94-1, DA1 Zone standards or any other changes to the Anaheim Municipal Code that would invalidate the findings that were the'basis for the previous approval bf this conditional use permit. (1b) Staff has Inspected the property and has determined that the automobile storage facility is operating as intended. Further, the operation of this facility is being conducted in a manner not: detrimental to the surrounding neighborhood since there have been no complaints regarding this business on file with the Code Ehforcement Division. (11;) Regarding the petitioner's;request to delete the condition'of approval pertaining to the time limitation, staff recommends that this permit be reinstated for a period of five (5) years, in order to continue to monitor the operations. Based on the unique nature of this use and the fact hat the subject property is located within the project Alpha Northeast Redevelopment Area; staff recommends that the reinstatement of this conditional use permit'6e in conjunction with the lease agreement that the'appllcant has with the property owner, wfiich expires on January 31,'2006. Page 2 Staff Report to the Planning Commission January 13 2003 ltem No. 9` ENVIRONMENTAL IMPACT ANALYSIS: (12) Staff has reviewed the'request for reinstatement of this permit and finds no significant 'adverse environmental impactsxesulting from this request. Therefore, staff recommends that the previously-approved Negative Declaration in`connection with Conditional Use. Permit No: 4121 serve as the required environmentafdocumentation for this reinstatement request upon a finding by the Commission that the Negative Declaration reFlects the'.' independent judgment of the lead agency and that if has considered the Negative SDeclaration ogether with any comments received during the putilic review'process and further finding on the basis of the Initial Study (a copy of which is available for review: in the Planningpepartment) and any comments received that there is no substantial evidence that the project will have a significant effecton the environment. GROWTH MANAGEMENT ELEMENTANALYSIS:, (13) The proposed project has been reviewed by affected City departments to determine :.whether itconforms with the City's Growth Management Element adoptedby the City Council on March 17, 1992. Based on Citystaff review of the proposed project, it Ras been determined that this project does not fit within the scope necessary to require a Growth Management Elementanalysis herefore,;no analysis has been performed. FINDINGS: ': (14) 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, octhat said use is not Ilsted thereinas being a permitted use; (b) That the proposed use will not adversely affect the adjoining land uses and the growth and developmentbf the area in whichit is proposed to be located; (c) That the size and shape of the site for the proposed usesis adequate to allow the full development of the proposed use: in a manner not detrimental to the particular area noF o the peace, healtR safety, antl 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, wilt not be detrimental to the peace, health, safety and "general welfare of the`r citizens of the(City of Anaheim. (15) .Subsection' 18.03.093.040 of the Zoning Code requires that before the Commission grants `.'reinstatement of the approval by extensibn'of any ime limitations for an additional period or :'periods of ime, or such time limitation is deleted or modified, the applicant must present evidence to establisfi the following findings: Page 3 Staff Report to the Planning Commission January 13; 2003 Item No. 9 (a) The facts necessary to support each and every required showing for the issuance of such entitlemenfas set forth in Chapter 18.03 exist; (b) Said permit is being exercised substantially in the. same manner and in conformance with' all conditions and stipulations'originailyapproved bythe approval body; (c) ; Said permit is being exercised in a manner not detrimental to the particular area and surrounding land uses, nor to the public peace, health and'safety and general welfare; and (d) With regard only to any deletion of a time limitation, such deletion is necessary to permit reasonable operation under thepermit as granted. RECOMMENDATION:' (16) Staff recommends that, unless additional or contrary information is Yeceived during the meeting, and based upon the evidence submitted to the Commission, including the evidence presented in this staff report, and oral and written evidence presented at the public hearing,:. the Commission take the following actions: (a) By motion, determine that the previously approvetl Negative Declaration is the ? appropriate environmental'documentation for this`request. (b) By resolution, a 'rove reinstatement of Conditional Use Permit No. 4121 (Tracking No. CUP 2002-04648) to retain an automobile storage facility with a modular unit for a period of five (5) years to expire on January 31, 2008, based on the following: (i) That this permit has been substantially operated in the same manner as originally approved by he Commission. Code Enforcement Division has inspected the premises and has determinedthat the facility is incompliance. with all applicable conditions of approval. (ii) That the permit Is being exercised in a manner not detrimental to the particular area and surrounding land uses, as evidenced by the absence of Code Enforcement Division complaints far this property. (iii) That there have been no changes to the applicable zone standards that would invalidate the findings,that were the basis for the original approval of this permit. (c) ' Staff further recommends that the Commission amend Resolution No PC99-110 in its entirety, to be replaced by a new resolution with the following conditions of approval based on the finding that the modification is necessary to permit the reasonable operation of this automobile storagebusiness: r 1. Tftat this permit shall expire on January 31,2008. 2. That no customers or dealers shall be permitted on site, and, that no sales shall be permitted on this property: 3. That no Special Events shall be permitted at this property. Page 4 Staff Report to the Planning Commfission `January 13; 2003 Item No. 9? 4. That this storage facility shall be limited to automotive vehicles only in conjunctioh with the'primary business; Galifomia Auto Dealers Exchange ocated a€.1320 North Tustin!Avenue. No'other types of materials shall be ` toyed on-site. 5. That gates shall not be installed across the driveway in a manner which may adversely'affect vehicular traffic in the adjacent public street. Ihstallatioh of any :;gates shall conform to Engineering Standard Plan No. 609 and shall be'subject to the review and approval of the City Traffic and Transportation Manager. 6. '.That fencing, landscaping and irrigation shall be maintained in'conformahce with the approved pions, including the PVC slats interwoveninte the chainlink fencing along the west, north and east property lines where any existing slats are missing or in disrepair. 7. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged/diseased and/or dead: 8. That the owner of subject property shall be responsible for the removal of any on-site graffiti within twenty-four (24) hours of its application, excluding weekends. 9. That subject property shall be maintained in conformance with Engineering Standard Plan Nos': 436 and 602 pertaining to parking standards and driveway locations as approved by the City Trafficand Transportation Manager. 10. That trash storage areas shallbe maintained in a location acceptable to the Public Works Department, Streets and Sanitationbivision and in accordance with approved plans on file with said Department. 11. 'That the locations for any future above-ground utility devices including, but not limited to; electrical: transformers, watecbackflow devices, gas, communications and cable devices, etc.; shall be shown on`plans submitted for buildingpermits. Plans shall also identify he specific screening treatments of '' each device (i.e. landscape screening,. color or walls, materials, identifiers, access points, etc.): and shall be subject to the review and approval of the appropriate City departments:: 12. That no signs what so-ever shall be permitted. 13. That a valid business license shall be maintained with the Business License Division of the Finance Department. 14. That three (3) foot high address numbers shall be displayed on the roof of the office in a contrasting color to the roof material. The numbers shall not be visible to the view from thepubiic street: 15. That a maximum of twelve (12) cars per hour shallbe transported to and from this facility; and that no transporter trucks shall be utilized in conjunction with the drop-off or removal of automobiles'at this facility. 16. That on-site maintenance of automobiles or trucks shall not be permitted. :Page 5 Staff Report to the Planning Commission January 13; 2003 Item No. 9 17. That the gates shall be closed when the business is not in operation. + 18. That the subject property shall be developedsubstantially in accordance with plans and specifications submitted to the City of Anaheim by the petitionerand which plansare on file with the Planning. Department marked Exhibit Nos. 1 2 and 3; and as conditioned herein. 19. That within 60 days from the date'of this resolution, condition no<14 above-' mentioned, shall be complied with: 20. That approval of this application constitutes approval of the proposed request only to the extent that if complies'with the Anaheim Municipal Zoning Code'and any other applicable'City, State and Federaf Pegulations. Approval does not include anyaction or findings asto compliance or approval of the:request regarding any other applicable ordinance, regulation or requirement. Page 6 ATTACHMENT - ITEM fJo. 9 PETITIONER'S STATEMENT JUSTIFICATION FOR REINSTATEMENT ° Section 18:03.093 of the Anaheim Municipal Code requires that before any conditional use permit or variance containing a time limitation can be reinstated for an additional period of time, or before such time limitation maybe deleted or modified by the Planning Commission or Zoning Administrator, the following must be shown: I. The facts necessary to support each and every required showing for the issuance of such entitlement as set forth in the following excerpts from the Anaheim Zoning Code still exist: 18.03.030 (Relative to Conditional Use Permits) Before the City Council or Planning Commission may grant any request for a conditional use permit, it must make a finding of fact, by resolution, that the evidence presented shows that all of the following exist: .031 That the proposed use is properly one for which a conditional use permit is authorized by this code, or is not listed herein as being a permitted use; .032 That [he 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; .033 That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare; .034 That the traffic generated by the proposed use will nol impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; .035 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; 18.03.040 (Relative to Variances) Before any variance may be granted by the Planning Commission it shall be shown: .031 That there are special circumstances applicable to the property, including size, shape, topography, location or surcoundings, which do not apply to other property under identical zoning classification in the vicinity; .032 That, because of special circumstances shown in .031, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. 2. Said permit or variance is being exercised substantially in the same manner and in conformance with all conditions and stipulations originally approved by the approval body; 3. Said permit or variance is being exercised in a manner not detrimental to the particular area and surrounding land uses, nor to the public peace., health, safety and general welfare; and 4. With regard only to any deletion of a time limitation., such deletion is necessary to permit reasonable operation under the permit or variance as granted. ° In order to determine if such findings exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer the following questions fully and as complete as possib{e. Attach additional sheets if additional space is needed. Has any physical aspect of the property for which this use permit or variance been granted changed significantly since the issuance of this use permit or variance? ^ YES ®NO explain: The only physical aspects of the orop~rty that hava haan rhannarl arA those improvements that have been completed pursuant to and in conjunction with our original conditional use permit approvals. (over) CUP N0. CASE 4~zi' 2. Have the land uses In the immediate vicinity changed since the issuance of this use permit or variance? ^ YES ENO Explain: The land use in the immediate vicinity is unchanged. It remains to be Light Industrial zone (ML) and usage, 3. Has any aspect of the nature of the operation changed since the issuance of this use permit or variance? O YES b]tN0 Explain: No the nature of the operation is identical to the time original issuance commenced. __ 4. Are the conditions of approval pertainipg to the use permiLor variance being complied wilh7 KL4 YES ^ NO Explain: To the best of our knowledge we are in complete compliance with all aspects of our conditional use permit. 5. IF you are requesting a deletion of the time limitation., is this deletion necessary for the continued operation of this use or variance? AYES ~ NO Explain: It is not necessary., but we would prefer to have the time limit deleted and to have our permit in perpetuity Paul T. Kott Print) 1. I V~ I ll~2r ~~2 Property Owner or Aulhod d Agent Date 206225JK.000 12/97 CASE 2 -~ RESOLUTION NO. PC99-110 ATTACHMENT - ITEM N0. 9 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4121 BE GRANTED FOR A PERIOD OF THREE AND ONE-HALF (3-1/2) YEARS WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real properly situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 1 OF PARCEL MAP 79-266, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 162,. PAGE(S) 13 AND 14 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 21, 1999 at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit and to investigateand make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts:. 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Sections 18.03.030.010, 18.110.02.0202 and 18.110.050.050.0524 to permit and retain an existing automobile storage facility with a modular office unit.::; 2. That the proposed automobile storage is properly a use for which a conditional use permit is authorized by the Zoning Code In Development Area 1 (Industrial. Area) of the Northeast Area Specific Plan, and that the modular office unit is not listed therein as being a permitted use. 3. That the proposed use, as conditioned, will not adversely'affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the outdoor storage of automobiles will be screened from the public right-of-way by an 8-foot high block wall with a 50 foot landscaped setback. 4. 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. 5. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to cant' the traffic in the area, subject to the limitations set forth in the applicant's letter of operation and the conditions imposed herein. 6. That granting of this conditional vse permit, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 7. That the Community Development Department has determined that the request for an automobile storage facility with ah accessory modular office unit is compatible with the goals of the Alpha Northeast Area Redevelopment Project on an interim basis. CR3665PK.DOC -1- PC99-110 8. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim :City Planning Commission has reviewed the proposal to permit and retain an existing automobile storage facility with a modular office unit on a 4.65-acre, rectangularly-shaped property having a frontage of 330 feet on the north side of Miraloma Avenue and a maximum depth of 614 feet and being located 980 feet west of the centerline of Red Gum Street (2861 East Miraloma Avenue -Califomia Auto Dealers Exchange); 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 City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That the subject use permit shall expire on January 31, 2003. 2. That no customers or dealers shall be permitted on site, and, that no sales shall be permitted on this property. 3. That no Special Events shall be permitted at this properly. 4. That this storage facility shattbe limited to automotive vehicles only in conjunction with the primary business, Califomia Auto Dealers Exchange located at 1320 North Tustin Avenue. No other types of materials shall be stored on-site. 5. That gates shall not be installed across the driveway in a manner which may adversely affect vehicular traffic in the adjacent public street. Installation of any gates shall conform to Engineering Standard Plan No. 609 and shall be subject to the review and approval of the City Traffic and i Transportation Manager. It 6. That PVC slats (or a comparable material approved by the Planning Department) sfiall be ` interwoven into the chainlink fencing along the west, north and east property lines where any ~ existing slats are missing or in disrepair. All slats shall be maintained in good condition at all times. ~ 7. That the roe shall be ermanentl maintained in an order) fashion b p p rty p y y y provision of regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from the time of occurrence. r 8. That plans shall be submitted to the City Traffic and Transportation Manager far review and approval showing conformance with the current versions of Engineering Standard Plan Nos. 436 and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon i be developed and maintained in conformance with said plans. 9. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation pivision, 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 sheets or highways. Said information shall be specifically shown on the plans submitted for Planning Department and Streets and Sanitation Division approval. CR3665PK.DOC -2- PC99-110 ~ -~, 10. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Streets and Sanitation Division for review and approval 11. That anon-site trash truck tum around area shallbe provided in accordance with Engineering Standard Detail No. 610 and shall be shown on plans as required by the Street Sweeping and,. Sanitation Division. 12. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 13. That the locations for any 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.) and shall be subject to the review and approval of the appropriate City departments. 14. That no signs what so-ever shall be permitted. 15. That a valid business license shall be obtained from the Business License Division of the Finance Department. 16. That three (3) foot high address numbers shall be displayed on the roof of the office in a contrasting color to the roof material. The numbers shall not be visible to the view from the public street. 17. That a maximum of twelve (12) cars per hour shall be transported to and from this facility; and that no transporter trucks shall be utilized in conjunction with the drop-off or removal of automobiles at this facility, 18. That the existing bollards located in the front setback area shall be refurbished and repainted. 19. That on-site maintenance of automobiles or trucks shal(not be permitted. 20. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by thepetitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1, 2, and 3; and as conditioned herein. 21. That within a period of ninety (90) days from the date of this resolution, Condition Nos. 5, 6, 8, 9, 10, 11, 13, 15, 16, 18, 20 and 23, herein mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 22. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 23. That within a period of ninety (90) days from the date of this resolution, the property owner shall stripe the lotto define vehicular circulation and pave the lot where the automotive vehicles will be stored. 24. That the gates shall be closed when the business is not in operation. CR3665PK.DOC -3- PC99-1.10.. ~1 BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 21, 1999. r~ __ i.. _. _ ., _~ _... ~~;~ CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: (~;;~1i;2! Sig ,~ ..'~"y?Pita $Oi0P10) SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF ANAHEIM 1 I, Margarita Solorio, Secretary of the Anaheim City Plahning Commission, do hereby certify that the foregoing7esolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on June 21, 1999, by the following vote of the members thereof: AYES: COMMISSIONERS: BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOSTWICK IN WITNESS WHEREOF, I have hereunto set my hand this day of 1999. SECRETARY, ANAHEIM CITY PLANNING COMMISSION CR3665PK.DOC -4- PC99-110 ATTACHt1ENT - ITEM N0. 9 MEMORANDUM CITY OF ANAHEIM Code Enforcement Division DATE: DECEMBER 12, 2002 TO: ELAINE YAMBAO FROM: BILL SMALL, CODE ENFORCEMENT SUBJECT: CONDITIONAL USE PERMIT, #4121, 2861 E. MIl2ALOMA AVE. I inspected the above listed property in anticipation of the renewal of Conditional Use Permit #4121. Mr. Gazy Watson Lot #87 Supervisor accompanied on my inspection and/or provided the information regarding the individual resolutions. RESOLUTIONS: 1. Understood 2. There are no dealers or sales on the property. 3. There aze no Special Events ever on the property 4. Nothing other than motor vehicles are stored on the property. 5. In compliance 6. In compliance 7. In compliance 8. Thought to be in conformance. 9. No trash bins or dumpsters are being used on the property, they utilize trash cans that are. emptied daily at the main facility at Tustin and Miraloma Aves. 10. No waste stored or collected, 11. All vehicles follow the normal one way course of flow azound the lot. 12. In compliance. 13. Thought to be in conformance. ]s#-1n compliance. X15. hosted Business License expired in 2000. l_L6'Mr .Watson was unaware of roof numbering requirement, and was unable to respond. 17. In conformance 18. Said to be in conformance. 19. No maintenance of any vehicles takes place. 20. Check with Planning Department 21. Unable to determine, if these requirements were met within the alloted time. 22. Did not address. 23. The parking lot has been striped. 24. Gates are always closed when the business is not opened. Judging from the over-all appearance of the property, which is well mairifained, I would recommend approval of renewal application. 1 CL RESTAURANT 9&9411 CUP 1Mdl 5L5L> VACANT CL 98-99-11 54-55-00 CUP 2002-04525 CUP 3980 CUP 3140 CUP 1220 CUP 1041 CUP 982 CUP 399 V-2863 V-21515 V-2005 5' V-121fi V-12115 CL BROOKHURST SHOPPING CENTER CL BANK CL BROOKHURST SHOPPING CENTER CL 96-99-11 -~ ~~ RM-2400 TRACT NO. 5762 89-90-55 67-68-86 62-fi3-113 5455-7 CUP 1295 111 DU ~~ BALL ROAD _ _ ANAHEIM CITY LIMITS _ 36q_----r~J CL ~ ~ p ¢¢ CL RCL 2002-00087 ~-. p{.. ~~{ ~~ 4 S CUP 2002-04641 " Lll W ' '0 ~"'GGG 5 C N w -6 9o CL .'. GPA 2692-00407 n P C 9 -0] ~ SMALL RESTAU RANT (CUP 2002-04530) w ~ ~. ,,. SHOPS (n CL ' BB-Ba11 t , ~ ~ 56-s]-ro 11 ~ CL fi CL ~ 9&9411 CUP B1B V-1YB9 CL Z6 `~55 CUP 3fi43 CL a & 9~11 ~ - CUP 7916 ENLLAG CUP 1294 98-9¢11 a S e 5 CUP 9555 = CUP 879 SHOPPING CENTER 646546 V'~a214 ' Y THE VILLAGE CL BIENVILLE AVENUE CUP 4452 V'11' 1 MMKEf O SHOPPING CUP 667 CUP 4256 _ ~ CENTER N LAG CUP 3932 ~ 99-99.11 R~ SHOPPING CENTER CUP 639 x"`9'30 m (CUP 2209 W) cuP9rss CUP9538 VACANT seors SERVICE STATION CL 9&98-11 w s4s499 RM-1200 ~ cuP lBSZ Tract No. 10594 W J.G FIANA 70-71-9 r~n Z 9e-9a11 CUP 1196 g 545499 V-3120 m ' cuazsei V-2196 j . F vm95 VAR 119fi ~ cL BROOKHURST VILLAGE e4a4n CONDOMINIUMS 545439 CUP 1]e5 CUP 1899 MON~~ORI General Plan Amendment No. 2002-00407 Subject Property Reclassificaticn No. 2002-00087 ~ °. Date: January 13, 2003 Conditional Use Permit No. 2002-04641 Scale: 1" = 200' Requested By: ATLANTIC RICHFIELD CO. Q.S. No. 35 GENERAL PLAN AMENDMENT ENO. 2002.00407-TO AMEND THE LAND USE ELEMENT OF THE GENERAL PLAN TO REDESIGNATE A PORTION OF THE PROPERTY FOR THE lOW DENSITY RESIDENTIAL DESIGNATION TO THE GENERAL COMMERCIAL DESIGNATION. RECLASSIFICATION 2002-00087 - REQUEST FOR RECLASSIFICATION OF THE SUBJECT PROPERTY FROM THE COUNTY C-1 (COMMERCIAL) ZONE TO THE CL (COMMERCIAL, LIMITED) ZONE, OR A LESS INTENSE ZONE. CONDITIONAL USE PERMIT N0.2002-04641 - TO ESTABLISH CONFORMITY WITH ZONING CODE LAND USE REQUIREMENTS FOR AN EXISTING DRIVE-THROUGH RESTAURANT AND TO PERMIT A SERVICE STATION WITH ACCESSORY CAR WASH AND CONVENIENCE MARKET WITH THE SALES OF BEER AND WINE FOR OFF-PREMISES CONSUMPTION WITH WAIVERS OF: (A) NONCONFORMING STRUCTURES AND USES-GENERAL B) NONCONFORMING SIGNS AND BILLBOARDS -GENERAL C) MAXIMUM STRUCTURAL HEIGHT ABUTTING ASINGLE-FAMILY RESIDENTIAL ZONE BOUNDARY 1201 SOUTH BROOKHURST STREET -ARCO AMIPM SERVICE STATION 534 BROOKHURST SHOPPING CENTER .Staff Report to the Planning Commissioh January,13 2003 Item No: 10 10a. CEQA NEGATIVE DECLARATION 10b. GENERAL PLAMAMENDMENT N0. 2002-00407: 10c. `%:.RECLASSIFICATION NO: 2002-00087 `; 10d.= WAIVER OF CODE REQUIREMENT ;' 10e. CONDITIONAL' USErPERMIT NO: 2002-04641 (Motion for continuance) SITE LOCATION AND DESCRIPTION:' (1) This irregularly-shaped, 1.7-acre property is located at the southwest comer of Ball Road and BrookhursEStreet, having frontages of 364 feet on the south side of Ball Road and 230 feet on the west side of Brookhurst Street (1201 South Brookhurst Street -Arco AM/PM Service .Station). REQUEST: (2) The petitioner requests approval of the following: (i) General Plan Amendment No. 2002-00407-To amend the Land Use Element of the 'General Plan to redesignate a portion of the properly from the Low Density Residential> land use designation to the General Commeroial land use designation. (ii) Reclassification No. 2002-00070 -To reclassify a portion of the property from the County C-f (Commercial) Zone to the CL (Commercial; LimitedpZone, or less intense zone. (iii) Conditional Use Permit No. 2002-04641 - A conditional use permit under authority of Code Sections 18:44:050.070,,18.44.050:080 and 18.44.050.195 o establish conformity with zoning code land use requirements for an existing'drive-through restaurant and to permit a service station with accessory car wash and convenience market with the sales of beer and wine for off-premises consumption with waivers of: (a)r SECTION NOS; 18.02.058.014 Nonconforming Structures and Uses P AND' 18.03.030'. -GeneraL`(Conditionai use permit :'required toFetain billboard; No conditional use permitproposedJ (b) SECTION NOS. 18.05.050 Nonconforming Sions and Billboards - AND 18.44.050.090 Generat((Conditional use permit required; No' conditional use permit proposed) (c) SECTION N0. 18.44.062.011 Maximum structural heioht abuttihg a single- family residential zoneboundarv: (5 -foot fiigh structural height;' 14-fooffiigh structural height proposed.) west sir Page 1 Staff Report to the Planning Commission January 13;2003 Item No. 10 (3) Leslie Burnside, program manager foe Tait & Associates, representing Arco, lias submitted a letter dated December 27, 2002, requesting a;continuance to the January 2T,'2003, Planning Commission meeting in order to'allow morelime to purchase a Type 20 Beer and Wine License ? and to revise the acoustical analysis to demonstrate compliance with the City's Noise Ordinance. RECOMMENDATION: (4) That the Planning Commission, by motion, continue this item to the January 27, 2003, meeting asrequested by the petitioner. ) Page 2 DEC-31-20(12 09:OOAD1 FROR1-TAIT AND ASSOCIATES INC +858 278 1525 ~ vT-D85 P.001/001 F-520 ~il$' $c ASSOCI~~~Sr 1110. Architecture • Engineering • Planning December 27, 2002 Mr. John Ramirez Assistant Planner City of Anaheim Planning Depanment 200 5. Anaheim Blvd. Anaheim, CA 92805 Re: Request for Continuance to Planning Commission Hearing of January 27, 2003 CUP2002-04641/GPA2002-D0407/MIS2002-00060/R.CL2002-000.87 ARCO am/pm, 1202 S. Brookhurst, Anaheim, CA Dear Mr. Ramirez: to•- ,~. 6Q. C FtaCEiY~~ Pi.ADlDJItd6 DEFr~11Tt~EP7T Please accept this request for a continuance to the January 27, 2003 Planning Commission hearing. This continuance is necessary to allow for continued efforts to purchase a Type 20 Beer and Wine license within the boundaries of West Anaheim, as per prior agreement with the West Anaheim Neighborhood District. Additionally, an acoustical study is being revised to demonstrate compliance of the proposed caz wash with Ciry noise ordinances. I can be reached at (858) 278-1161, ext. 112, if you require further information or have any questions. Best Regazds, n ~-~...1 . ; Leslie Burnside Program Manager Tait and Associates, Inc. 'pnginoaring Solutions to Enhance Protect Value' 9089 Clairemont Mesa Blvtl., #300 San Diego, California 92123 858.278.1161 858.278..1525 Fax Orange County • San Francisco • Sacramento • Phoenix • Rena • Las Vegas Denver • Boise www.tait,com o J~G~ cP~~~Q Pat \PN/O \ ~$ a ~~ ~~~. \ //~,J~~ SEO pP y ~\/\ \ I~ 2 ti Z a l~ Reclassification No. 2002-00068 Variance No. 2002-04547 Tentative Tract Map No. 16452 Subject Property Specimen Tree Removal Permlt No. 2002-00007 Date: Jan0ary 13, 2003 Requested By: RUITSON OUYANG Q.S. No. 190 REQUEST RECLASSIFICATION OF THE SUBJECT PROPERTY FROM THE RS-A-43,000 (SG)(RESIDENTIAU AGRICULTURAL; SCENIC CORRIDOR OVERLAY) ZONE TO THE RS-5000 (SC) (RESIDENTIAL, SINGLE-FAMILY; SCENIC CORRIDOR OVERLAY) ZONE. VARIANCE NO. 2002-04547-REQUEST WAIVER OF MINIMUM LOT DEPTH ADJACENT TO A SCENIC EXPRESSWAY TENTATIVE TRACT MAP NO. 16452-TO ESTABLISH A 6-LOT, 6-UNIT DETACHED SINGLE-FAMILY RESIDENTIAL SUBDIVISION. SPECIMEN TREE REMOVAL PERMIT NO. 2002-00007 - TO REMOVE ONE (1) SPECIMEN OAK TREE. 6161 East Santa Ana Canyon Road 522 Staff Report to the Planning. Commission `January 13; 2003 Item No. 11' 11a. ' CEQA NEGATIVE DECLARATION (Motion) 11 b. "RECLASSIFICATION N0. 2002-00068 (Resolution) 11c.::VARIANCE N0 2002-04547: (Resolution) ; 11d. 'TENTATIVE TRACT MAP NO 16452 (Motion) . 11 e.,' SPECIMEN TREE REMOVAL PERMIT NO.2002-00007 (Motion) SITE LOCATION AND DESCRIPTION: i (1) This rectangularly-shaped, 1.1-acre property has a frontage of 174 feet on the north side of Santa Ana'Canyon Road, a maximum depth of 291 feet and is located 442 feet west: of the centerline of Quintana Drive (6161 East Santa Ana Canyon Road). REQUEST: (2) The petitioner requests approval of the following: Reclassification No. 2002-00088 - to reclassify this property from the RS=A-43,000'(SC) (ResidentiallAgricultural; Scenic CorridorAverlay) zone to the RS-5000 (SC) (Residential, Single-Family; Scenic Corridor Overlay) zone. Variance No. 2002-04547 -waiver of the following under authority of Code Section 18.03;040.020: SECTION NO; 18.04.020 :Minimum lot depth adjacent to a Scenic Expressway. (150'feet required; 100.3 feet -for lots 5 and 6 proposed). .Tentative Tract Mao No. 16452- to establish a 6-lot, 6-unit detached single-family , residential subdivision. '.Specimen Tree Removal No. 2002-00007- to remove one (1) specimen Oak Tree. BACKGROUND: (3) This property is currently developed with a single-family residence (to be demolished) and `is zoned RS-A=43,000 (SC)"(Residential/Agricultural; Scenic Corridor Overlay). The City of ' Anaheim General Plan Land Use Element Map designates this propertyfor Hillside Low- ? Medium Density Residential land uses. sr8528av Page 1 Lot r,Proposed Lot; *Required Mit~irt7t{rt7 Lnt ProppSed LoEP~rea „Requiretl°Mirfimum Lot ~ Width. ,~ . ,,.~Widfi~..~,=`-, ,~` . ,~- '.. ;.~~Atea"-~ 1 60 feet 45 feek ' 5,871 s . ft. 5,000 s . ft. Page 2 Staff Report to the Planning Commission January 13, 2003 Item No.'11 2 55 feet 45 feet 5866 s . ft. 5,000 s . ft:' 3 =: 45 feet< 45 feet. 8,507: s . ft. 5;000 s . ft. 4 ' 45 feed 45 feet: 9,029sq. ft. 5;000 sq. ft.3 5 60 feet: 45 feet' 6,604's . ft. 5;000 s . ftr' 6 58 feet- 45 feet 6,101 s . ft. +5;000 s . ft ''Required minimum lot witlth based on'Code Section 18.27.t?61.021 pertammg to minimum building site width for cul-de=sac and knuckle lots: (8) The site plan (ExhibitJo. 1) indicates the development of six single-family homes with the following characteristics: "~rodtSetbeck ~_ SidexSetback ~ ~RearSetback._ ~ Lot Lot ~ ~ ~ Lot9¢e Proposed(Required Proposed/Requlred~ Proposed/Required . ,; ~ ~ "Coverage t., ~~ F , °` ` Pro osedlAllowed ~.. , ~~ 1 5,871 s.f. 20 feet / 15 feet 5 feet / 5 feet 23 feet / 10 feet 31 %/ 35% 2 :5,866 s.f.: 20 feeU 15 feet ' 7 feeU 5 feet 17 feeU 10 feet 33%/ 35% 3 8,507 s.f. 30 feeU 15 feet 7 feeU 5 feet 54 feeU 10 feet 23°/a/ 35% 4 '.9,029 s.f.' 28 feeU 15 feet ' 7 feeU 5 feet 63 feeU 10 feet t 21 %I 35% 5 ' 6,604 s.f. 15 feeU 15 feet 10 feeU 5 feet 29 feeU 10 feet 29°/a/ 35% 6 6,101 s.f. 20 feeU 15 feet 5 feeU 5 feet 32 feeU 10 feet ' 30°/a/ 35% RequGed minimum front setback based on Code Section 18.04.042.040 pertaining to setbacks on cul-de-sacs. rA~ lt~i'b~t" b ~ , ~,. i .~" 7 ~.t ~, N9 tq , t t~,< ~T ~ ?j t ~' 4R ,~~~r~~ s .a -. ~ 59~" t ~r~~ :~j~ ~ ~ r 3 ~~ ,. A+ 2s4t Y ~' ti n ry e ~ t 4 r, ~ ° ,~,' ~ „r~.''w~~, S 4 ~ , ~ '~~~ !S 4fll~i ~~ r ~. k ~ t w s ~ ,.. ,., .. ' =, ~;~... ~ `~ is ~,, `~~~ t t ~. .~,, ~,. View of subject property looking northwest (9) Conceptual floor plans indicate the homes would be developed as two-story residences. Each home would: have 4 bedrooms and 3 bathrooms with fhe first floor comprised' of one bedroom,: one bathroom, kitchen, living room, dining room and family room, and the second floor with. a laundry room, 3 bedrooms and:2 bathrooms. The RS-5000 zone limits the number of bedrooms to three provided that for each additional 850 square feet of lot area over 5,000, an'additional'bedroom is permitted. Page 3 Staff Report to the Planning Commission January 13,:2003 Item No. 11 (10) Vehicular access for the proposed homes would consist of the extension of Paseo Rio Verde to create a new cul-de-sac and the construction of driveways leading to. each individual residence. The site plah indicates a total of 30 parking spaces; (5'per residence) with 3 spacesprovided in a garage!and 2 open spaces adjacent to the garage for eachllot. Code requires: a minimum of 24 spaces based on the ratio of 4 spaces per single-family residence, 2 of which must be enclosed in a' garage. (11) Elevation renderings indicate two-story residences with a structural height of 24.8 feet. Code permits two-story residencesin the Scenic Corridor Overlay;Zone wither maximum height of 25 feet. The elevation drawings further indicate that the two-story structures would be constructed to face Paseo Rio Grande. 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 independentjudgmenfof the lead agency; and that it has considered the proposed NegativerDeclaration 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 thaf the project will haven significant effect on the environment. GROWTH MANAGEMENT ELEMENT ANALYSIS: (13) The proposed project has been reviewed by affected City departments to determine whether it conforms with'the City's Growth ManagemenfElement adopted by,the City Council on March 17, 1992. Basedon City staff review of the proposed project, it has been determined that this project does not fit within the scopenecessary to require: a Growth': ManagemenfElementernalysis, therefore, no analysis has been performed. EVALUATION: (14) The Anaheim General Plan land Use Element Map designates this property for Hillside Low-Medium Density Residential land uses, with a density range of up to 6 dwelling units per acre. The RS-5000 Zone is the,typical implementation zone forthis designation. The applicant proposes to reclassify this property to the RS-5000 (SC)'Zone to establish a'six lot, six unit single-family residential subdivision. The proposed rezoning would be consistent with the General Plan land use designation of Hillside Low-Medium Density Residential foethis site and compatible with the existing residential"developments in the area. Therefore, staff recommendsapproval of the reciassirication to the RS-5000 (SC) Zone. (15) Waiver (a) pertains to minimum lot depth adjacent to a scenic expressway (Santa Ana > Canyon Road). Code requires a minimum lofdepth of 150 feet and the site plan indicates theproposed lot depth would be 400.3 feet for lot Nos. 5'and 6. The applicant submitted the attached justificationbf waiver, which states the configuration of the subdivision is consistent with the surrounding neighborhoods that also'abut Santa Ana Canyon Road. Staff recommends approval of this waiver because the submittal has demonstrated thaf the proposed tract lot configuration is consistent with all other developed homes: in the immediate vicinity. Page 4 '] Staff Report to the Planning Commission` January13; 2003 '.Item No. 11 (16) Code Section 18.84.038.010 pertaining to tree preservation defines Oak trees with a trunk measuring eight (8) inches or greater in diameter, measured at a point four(4) feet above ground level'as a specimen tree.' The Scenic Corridor Overlay Zone permits the removal of specimen trees sutiject to the approval of a Specimen Tree Removal Permit considered by the Planning Commission at a noticed public hearing. (17) Code Section 18.84.038.060 requires that any specimen trees removed shall be replaced on the: same parcel at 2_1 ratio. The Code further specifies that replacement trees shall be minimum 15-gallon size containers and chosen from a specified ist of replacement trees identified inthe Code. `Should the Commission wisfi to grant this request,`staff recommends the replacement trees be 36-inch box insize and selected from the Oak varieties. (18) Staff has reviewed the proposal and inspected the site to determine the possibility for < alternative grading to create a usable pad for the residence proposed on Lot No. 5 without impacting,the existingspecimenAak tree oh site and feels thafthe proposed development is both reasonable and practical: Therefore, staff recommends approval of the request to 'remove one. (1) specimen Oak tree. (19) Commission should note that staff has included a condition of approval to require review of filial site;ifloor and elevation plans by the Commission as a "Reports and ; Recommendation" item. FINDINGS: (20) When practical difficulties or unnecessary hardships result fromrstrict enforcement of the Zoning Code, a modification maybe granted for the purpose of assuring that no property, because'of special circumstances appticatile to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zone. The sole purpose of any variance is o prevenf discrimination and none shall tie approved which would have the effect of granting a special privilege not shared by other similar'propertiesr Therefore, `before any variance is granted by the Planning Commission, iYshall be shown: (a) That there are special circumstances applicable to the properly such as size, shape, topography, location or surroundings, which do not apply toother identically zoned properties in the vicinity; and (b) That strict application of the Zoning Code deprives the property of privileges enjoyed byotfter properties underidentical zoning classification in the vicinity.; (21) "The State Subdivision Map Acf (Government Code, Section 6fi473.6) makes it mandatory to include':in all motions approving, or recommending approval of a tract map, a specific finding that the proposed Subdivision together with its design and Improvement is r consistenf with the City's General Plan. Further, the law requires that the Commission/Council make any of the following findings ::when denying or recommending denial of'a tract map: 1. That the proposed map is not consistent with applicable General and Specific Plans. 2. That the design or improvement of the proposed subdivision is not consistent with applicable General and Specific Plays, Page 5 Staff Report to the Planning Commission January 13;2003 Item No. 11 3. 'That the site is not physically suitable fa the type of development. 4. :That the site is not physically suitable for the proposed density of development, 5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. That the design of the subdivision or the type of improvements is likely to cause serious publichealth problems. 7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access througft'or use of property within ,theproposed subdivision " (22) Zoning Code Section 18.84.038.050 states that as a prerequisite to granting any Specimen Tree Removal Permit, the Planning,Commission may impose conditions and'shall make one or more'of the following findings: 'a) That principles of good forest management will best be served by the proposed. :removal; b) That a reasonable and practical development of the property on which the tree is located requires'removal of the tree b~ trees whose removal is sought; c) That the character of the immediate neighborhood in respect to forestation will not be materiallyaffected by the proposed removal;' d) That the topography of the building site renders removal reasonably Necessary; e) That regard for the safety of persons or property}equires the removal. RECOMMENDATION:` (23) Staff recommends that unless additional or contrary information is received during the meeting, and based upon the evidence submitted to the Planning CommissioN, including the evidence presented in this staff report, and oral and written evidence presented at he public hearing that the Commission take the following actions: (a)" By motion,: aaorove a CEQA Negative Declaration. (b) By resolution, aoorove Reclassification No( 2002-00068 (to reclassify thisproperty from 'the RS-A-43,000 (SC) zone to the RS-5000 (SC) zone) based bn the following: (i) That the proposed reclassification of the property to the RS-5000 zone is in 'conformance with the`Anaheim General Plan Land Use Element Map designating this property for Hillside Low-Medium Density Residential land uses. (ii) That the reclassification to the RS-5000 zone is complementary to the RS-7200 and RS-5000 zoned single-family residences that surround this property. Page 6 Staff Report to the Planning Commissioh` January 13;2003 Item Nat 1 (c) By resolution, approve Variance No. 2002-04547 (to construct six single-family residences) based`on the following: (i) That waiver of (a) minimum of depth should be approved based on the configuration and depth of the lots being consistent with established development patterns in the immediate vicinity. ; (d) By motion, approve Tentative Tract Map No. 16452 (to establish a 6-lot; 6-unit single- :: family residential subdivisioh) since the design and improvement of the proposed' subdivision would be consistent with the General Plan land use designation of Hillside Low-Metlium Density Residential. (e) By motion, approve Specimen Tree Removal Permit No. 2002-00007 to allow the' removal of one (1) Oak specimen tree in order to construct a new single-family residence basedcn the following: (i) ? That a reasonable and practical development of the property on which the single'Oak tree is located requires the removal of the tree. (ii) That the character of the immediate neighborhood in respect to forestation would be not 6e materially affected by the proposed removal of the one (1) Oak tree since the tree currently exists within the interior of the property and is not visible form the public dght=of-way or adjacent properties. THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS AN INTERDEPARTMENTAL COMMITTEE AND ARE RECOMMENDED FOR+ADOPTION BY THE "I PLANN ING COMM ISSION IN' THE EVENT THAT RECLASSI FICATION' NO' 2002-00086 IS APPROVED. 1. That a preliminary title report shall be furnished to the Zoning Division showing the legal vesting of title, a legal description and containing a'map of theproperty. , 2. That prior to placement of an ordinance rezoning subject properly on an agenda for City Council consideration, Condition No. 1{above-mentioned, shall be completed. The City Council may;'. approve or disapprove a zoning ordinance at its discretion. If the ordinance is disapproved, the procedure set forth'in Anaheim Munlclpal Code Section 18.03:085 shall `apply. The provisions or r rights granted by this resolution shall become null and void by action of the Planning Commission unless said conditions are complied witfi within one (1) year from the date of this resolution, or such further time as the Planning Commission may grant. 3. `That approval of this application constitutes approval of the proposed request onlq to the extent that it complies with the Anaheim Municipal`Zoning Code and any other applicable City, State and Federal regulations'. Approvalidoes not"include any action or findings as to compliance or approval of the request regarding any`other applicable ordinance, regulation or requirement THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS AN INTERDEPARTMENTAL COMMITTEE AND ARE RECOMMENDED FOR ADOPTION BY THE PLANNING COMMISSION IN THE EVENT THAT VARIANCE NO':2002-045471SAPPROVED. 1. That final site, elevation and floor plans far the residential structures shall be submitted to the Zoning Divisioh for review and approval by the Planning Cammission'as a Reports and Recommendation item. Page 7 Staff Report to the Planning Commission January 13, 2003 Item No. 11 '' 2. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonment of existing water services and fire lines, shall be coordinated through the Water Engineering Division of the Anaheim Public Utilities Division. 3. Thaf the property owner shall pay the cost of Code Enforcement inspections as often as necessary untifthe subject property;is broughfinto compliance, or as deemed necessary by the City's Code Enforcement Division to'gain and/or maintain compliance with State and Iocal'statutes,'ordinances laws or regulations. 4. That prior to rendering water service, the developer/owner shall submit a set of improvement plans for Public Utilities Water Engineering review and approval ih determining the conditions necessary for providing water service to the project. 5. Thatall lots shall be assigned street addresses by the Building Division. 6. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division and i~ accordance with approved plans on file with said department. Said areas shall be specifically indicated on scaled plans (showing storage and collection areas) submitted for building permits. 7. Thaf a tract map to record the division of subject property shall be submitted to and approved by the Cityof Anaheim and shall then be recorded in he Office'of the Orange County Recorder. 8. That; approval of this variance is contingent upon the approval of the Tentative Tract Map No. 16452 and Reclassification No.2002-00088, now pending. 9. Thatsubject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which are on file with the Planning Department marked Exhibit No. 1, and as conditioned herein. 10. Thaf the~property owner/developer shall instaltstreet lights on Paseo Rio Verde and a bond shall tie posted for said installation prior to issuance of building permits. The streetlights shall be installed prior to occupancy. 11. That prior to issuance of a building permit, or within a period of one year from he date of this resolution, whichever occurs first, Condition Nos. 8 and 10, above mentioned, shall be complied with. ' j 12. Thaf prior to final building: and zoning inspections, Condition No. 9, above-mentioned, shall be complied with:; 13, That:approval of this application constitutes approval of the proposed request'only to the extent that it complies with the Anaheim Municipal Zoning,Gode and any othecapplicable City, State and Federal regulations. Approval does not include any action or findings as to'compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. Page 8 Staff Report to the Planning, Commission :January 13, 2003 Item No. 11 THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS "AN INTERDEPARTMENTAL'COMMITTEE'AND ARE RECOMMENDED FOR'ADOPTION BY THE 'PLANNING COMMISSION IN THE' EVENT THAT TENTATIVE TRACT MAP-1645215APPROVED. 1. Prior to approval of the parcel map, the existing house shall be demolished. The legal property owner shall obtain a demolition permit from the Building Division. 2. That the property owner/developer shall provide the City of Anaheim with an 8-foot wide public `utilities easement behind the curb around the cul-de sac. 3. That approval of Tentative Tract Map No. 96452 is contingent upon approval of Variance No. 2002- `b4547 and Reclassification NoP2002-00088, now pending. 4. That prior to the approval of the final map,'Reclassifioation No. 2002-00088 shall be adopted and finalized by the City, Council. 5. That the developer shall submit street Improvement plans to the Public Works Department; Development Services Division and a bontl shall be posted to guarantee that Paseo Rio Verde shall 'be improved in accordance witn'Standard!Plans fora local street and asapproved by the City Engineer. 'Street plans shall include landscape and irrigation plans for the public parkway. The improvemeht shall be constructed prior to final zoning and building inspections. 6. That prior to approval of the final map, the developer shall submit sewer improvement plans ro the .'.Public Works Department; Development Services Division, and a bond shall be posted to guarantee that the public sewerwill be extended to serve the development. j 7 That the City of Anaheim sewer connection fee shal(be paid. 8. That a tract map to record the division of subject property shallbe submitted to and approved by the City of Anaheim and shall then. be recorded in the office of the: Orange County Recorder. 9. That prior to approval of the final parcel map, Condition Nos. 1 2, 3, 4, 5; 6, 7 and 8; above- mentioned, shall be complied with. 10. That approval of this'application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS AN INTERDEPARTMENTAL COMMITTEEAND ARERECOMMENDED FOR'ADOPTION BY THE PLANNING COMMISSION IN THE EVENT THAT SPECIMEN TREE REMOVAL PERMIT NOt 2002- 0000715APPROVED. L That the subject property shall be developed substantially in accordance with plans: and specifications submittedto the City of Anaheim by the petitioner and which plans are on file with the Planning :.:Department marked Exhibit No. 1 except hat a total of two (2) minimum 36-inch boz sized replacement trees of Oak varieties shall tie planted and permanently maintained in a healthy oondition'on the property. 2. That the free approved for removal shall remain until a grading permit is issued for the construction of the single-familyresidences'. Page 9 Staff Report to the Planning Commission January 13 2003 Item No. 11 3. That prior to the issuance of the final occupancy permit for the flrst'single-family residence, Condition No. ,shove-mentioned; shall be complied with. 4. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and'any other applicable City, State and Federal regulations.'Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. i Page 0 ATTACHMENT - ITEM N0. 11 -- SECTION 4 PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: (A separate statement is required for each Code waiver) PERTAINING TO: Min. lot depths along scenic corridors (Santa Ana Canyon Rd.) Sections 18.03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Cod"e 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 a[ 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? ~ Yes _ No. If your answer is "Yes," describe the special circumstances: $~bj ect s~ to is surrounded by single family residential homes that also back to Santa Ana Canyon and do not meet minimum lot depth requirement Traffic from site along with existing residential units, does not access scenic corridor from site, but flows through secondary streets. 2. Are the specia' 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 haw the property is different: NeiRhborinQ properties on existing street do not meet min lot depth requirement Subiect site will be cul=de-sac of existin street and not directly impact ingress or egress to scenic corridor. 3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyedby neighboring properties located within the same zone? X Yes No If your answer if "yes," describe the pecial circumstances: Proposed site use is simi~ar to existing and surrounding vicinity use and placing the strict min, o ep requiremen s wi a v rse y a ec e p pan. 4. Were the special circumstances created by causes beyond the control of the property owner (or previous property owners)? X Yes _ No EXPLAIN ne n. lot was mast likely not in pla ed and subiect site is the or on same street. The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no vaziance 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 i of otherwise expre ly uthorized by zone regulations governing subject property. Use variances are not permitted. ~~~~ ~~~ roe / ~ ( o a- Signature of Property Owner or Aut onze Agent ~ ate CONDITIONAL USE PERMITNARIANCE NO. DECEMBER 12, 2000 VAR N0. 2oa2 - 0 4 5 4 7 ITEM N0. 12 1 1 ~ ~ a SALLIE LN ° v ~ =U ° ~ .._.. ° o g z $ ~ ~ e u u ~ x O o ~o w ® RS-5000 RS-A-43,000 N ~ 1 DU EACH ~ z 0 RS-7200 V-873 ^ ~ ~ ~ 1 DU EACH O CBF D v i . RS-7200 1 DU EACH ! RS-1 D,000 TTM 16465 RCL 2p02-00085 SUMAC LN 58.59-2 = CUP 2002-04635 ° U 0 Q _ GPA 2002-00406 ~ u l- CUP 88 ~ o CUP 3045 RS-7200 LEARNING 1 DU EACH CENTER m f- N _ RS-72pD ¢ RS-7200 Z ' I~ RM 24 1 DU EAC ~ 1 DU EACH ~ 1 DU EACH ~ - 00 RcL eo-st-1 CL ~ Z ;. .. . ~ RCB0.8 86 ~ 6Pfi1-72: CL U Q ~ ~ (Ras o~~5 CL) 62-fi3-1 D3 '_~ - ° ' ~ T-CUP 58-59-2 U 1 1 '~ (Res annCm CLI 20Di- CUP 2673 58-5&2 044'98 DUTCH 6061-5B CUP 4098 CLUB CUP 3299 CHURCH CL CUP 3214 fit-62-1 B VAR N69 INCOME CONDOMINIUM TAX zo ou I r®-160 1sD~-rm.~ KATELLAAVE TACO 58-698 CL RCL ea-eS42 ~°~° O I - { CL CL REAL 58-59-fie CUP 2702 q^ CJ I ~- 65-fi6-105 CUP 1892 BELL 58-59-68 I ESTATE VACANT V P~4M 71 ?~ u: I ~ I SF.57.40 CUP 1621 REST. ANCE H EAGER ~ RB-a-4a,ooo U ~- 1 CUP4160 CUP 1139 N CL RCL 9F92-12 p -CUP 4107 CUP 921 N 5&59£8 (Res. of Int. to CO (---~ CUP 3489 CUP 3426 V-3569 m w REAL vaCANi CUP 3846 V-31265 CL ESTATE CUP 3741 V-3121 S CUP 1139 2 } CUP 3685 V-30235 CUP 1021 m °U a o CUP 3587 V-976 S a CUP 1990 V-8205 1;W RS-7200 _ ~ ~ ~~ 1 DU EACH EUCLID SHOPPING CENTER General Plan Amendment No. 2002-p0406 Reclassification No. 2002.00085 Suhjecl Property Condltlonal Use PerznR No. 2002.04635 Date: January 13, 2003 Tentative Tract Map Nc. 16465 Scale: 1 ° = 200' Requested By: TOURA #2 Q:S. No. 57 GENERAL PLAN AMENDMENT NO. 2002-00406-TO AMEND THE LAND USE ELEMENT OF THE GENERAL PLAN REDESIGNATING THE PROPERTY FRpM THE COMMERCIAL PROFESSIONAL DESIGNATION TO THE LOW-MEDIUM DENSITY RESIDENTIAL DESIGNATION. RECLASSIFICATION N0.2O02-00085-REQUEST RECLASSIFICATION OF THE SUBJECT PROPERTY FROM THE RS-10,000 (RESIDENTIAL, SINGLE-FAMILY) 20NE TO THE RM-2400 (RESIDENTIAL, MULTIPLE•FAMILY) ZONE, OR A LESS INTENSE ZpNE. CONDITIONAL USE PERMIT NO. 2002-04635- TO CONSTRUCT A 16-UNIT ATTACHED RESIDENTIAL CONDOMINIUM SUBDIVISION WITH WAIVERS OF: (A) MINIMUM PRIVATE STREET STANDARDS, (B) MINIMUM NUMBER OF REQUIRED PARKING SPACES, (C) MAXIMUM BTRUCTURAL HEIGHT WITHIN 150 FEET OF ASINGLE-FAMILY RESIDENTIAL ZONE, (D) MAXIMUM SITE COVERAGE, (E) MINIMUM LANDSCAPE SETBACK ABUTTING SINGLE-FAMILY RESIDENTIAL DEVELOPMENT ANp (F) MINIMUM REQUIRED RECREATIONAL LEISURE AREA. TENTATIVE TRACT MAP NO. 16465-TO ESTABLISH A 1-LOT, 16-UNIT ATTACHED RESIDENTIAL AIRSPACE CONDOMINIUM SUBDIVISION. 1597 West Katella Avenue 523 Staff Report to the Planning Commission January 13, 2003 C `:Item No. 12 12a. CEQA NEGATIVE DECLARATION (Motion) 12b. GENERAL PLAN AMENDMENT N0.2002-00406 (Resolution) `:12c. RECLASSIFICATION NO 2002-00085 (1esolution) '12d. WAIVER OF'CODE:REQUIREMENT (Motion) 12e.? CONDITIONAL USE PERMIT N0 2002-04635 (Resolution) 12f. !TENTATIVE TRACT MAP N0:16465 '(Motion) 12g.'CIIY COUNCIL REVIEW OF ITEMS 12b. 12c. 12d. 12e. AND 12f. (Motion) SITE LOCATION'AND DESCRIPTION: (1) This rectangularly-shaped, 1.07-acre property has a frontage of 150 feet on the north side of Katella Avenue, a' maximum depth of 309 feet and is located 160 feet east of the: centeriine'of Carnelian Street (1597 West Katella Avenue). REQUEST: (2) The petitioner requests approval of the following: General Plan Amendment Na.'2002-00406 - to amend the Land Use Element of the Generab Plan redesignating this propertyfrom the Commercial Professional designation to the Low-Medium Density Residential designation. Reclassification No-: 2002-00085 - to reclassify this' property from the RS-10,000 `(Residential/Single-Family) Zone to the RM-2400 (Multiple-Family) or less intense Zone. Conditional Use Permit No. 2002-04635 = to construct a 16-unit attached residential condominium subdivision under authorityof Code Section No. 18.32.050.045 with waivers of: (a) SECTION NOS:17.08.065:020 Minimum'private street standards y (DELETED) (b) SECTION NO. 18.06.050.0121 Minimum' number of required oarking spaces 48 parking'spaces required; 44 parking spaces proposed and not recommended by the City Traffic and Transportation Manager) (c) SECTION NO. 18.32.062.012 !Maximum structural heioht within 150 feet of a single-family residential zone(1-storypetmitted within 50 feet of a eingle-family residential zone boundary; 2-story dwelling units proposed 24 feet fromthesingle-family residential zone boundary.) (d) SECTION N0. 18.32.062:020 Maximum site covetaoe (40 percent lot coverage permitted; 41 percent lot coverage proposed) sr1106cw Page 1 Staff Report to the +Planning Commission January 13 2003 Item No. 12 (e) SECTION NO. 18:32.063.024 Minimum landscape setback abutting sinole- famiiv residential development"l?D-foot wide lahdscaped'setback required; O feet to 13:9 feet proposed along north and west property line.) (f) SECTION NO. 18.32.063.030 Minimum required recreational leisure area 750 :square feet per unit required fora total of 12.000 square feet;; 276 square feet per unit proposed for a total of4_,416 square feet) i TENTATIVE' TRACT MAP NO.16465 - to establish a 1-lot, 16-unit attached residential :airspace dohdominium subdivisioh. BACKGROUND: (3) This property is developed with a vacant preschool and is zoned RS-10,000. The Anaheim General Plan Land Use Map designates this: property for Commercial Professional land uses. (4) The following zoning actions pertain to this property: (a) :.Conditional Use Permit No. 3045 (to permit an addition to an existing preschool) was approved on August 15, 1988: Subsequent to this approval the Commission granted ' five requests for extension of time to comply with conditions of approvalbn May 21' '~ 1990, September 10, 1990, September 23, 1991, August 24, 1992 and September 20, x1993. This entitlement is no longer being exercised`and should be terminated. ' (b) ,Conditional Use Permit No. 88'(to permit a preschool) was approved by the Commission on November 7,.1960. This entitlement is no longer being`exercised and <'should be terminated. (5) Surrounding land uses are as follows: ~r Direction Land Use Zoning General Plan ' Desi nation ' 'North Sin le-Famil Homes. RS-7200 LowDensi Residential ':East Condominiums RM-2400 Low-Medium Density Residential South,`(across Katella Avenue '.Offices CL General Commercial West Sin le-Famii Homes RS=7200 :General Commercial 'GENERAL PLAN AMENDMENT REQUEST: '(6) The petitioner requests an amendment to the Land Use Element Map of the General Plan to redesignate this property from the Commercial Professional land use designation to the Low-Medium Density Residential land use designation. Page 2 Staff Report to the a Planning Commissioh January 13, 2003 tem No; 12 (7) The General Plan provides an official guide for future development within the City and is intended to promote an arrangement of land uses, transportation services'and other public ' services, which provide orderly development and adequate provision for public 'improvements. Since the initial'adoption of the General Plan, the Planning Commission and City Council have viewed the General Plan as being flexible with the specified ranges, This idea is reflective of tfie introductory text ofdhe General Plan text; which reads as follows: °The Anaheim Genera! Plan is not a precise plan and does not show, nor intend to show, the exact land use pattern which will in fact occur. Instead, it indicates the`general location ibf land uses and the: interrelationships of various land use patterns as shown on the General Plan Land Use Map. The Plan constitutes an expression of current City objectives, principles,(standardsgroposals and policies and provides a basis from which decisions i relating to specific7and use proposals can be made." (8) The following is a comparison of the existing Commercial Professional laid use designation 'and the proposed Low-Medium Density Residential designation: 'ADOPTED GENERAL PLAN F~CISTING Land Use Approxi Typical Density Range Potential Dwelling ' Estimated Designation mate Implementati (DU'sper Gross ' Units (Avg. -Max.).:: Average Daily Acres on Zone Acre) Trips((ADT) Av . o Max. Gommercial t.07 CO N/A N/A 257 Professional (9) The existing Commercial Professional land use designation is intended to,'specify those `areas where a strong trend for the development of unified centers is evident and where policies have been established;in connection with zoning cases for the development of professional office facilities. Commercial-Professional uses areless dependent upon walk- in trade tfian are most commercial developments. Typical commercial professional uses `include medical, dental and legal offices. APPLICANTS PROPOSAL EXHIBIT A Land Use Approxim ;Typical Density Range Proposed Dwelling' Estimated Designation ate Acres Implementati (DU's per Units Average Daily on Zone Gross Acre) Avg. ,to Max. Trips (ADT) Av . o Max. Low- ' 1.07 RS-5000 ` 0' to 8.7 7 - 9 67-86 Medium RM-3000 0-14.5 12 -16 96=128 Density:. RM-2400. 0-18 14 -19 112-152 Residential (10) The proposed Low-Medium Density Residential land use designation is intended to`provide 'for and encourage tYie development ofdetached, small-lot single-family homes, `condominiums, townhouses, and apartments not exceeding the maximum density range as ' ;prescribed by the General Plan'and zoning. This designation is typically: implemented by the RS-5000 (Residential, Single-Family); RM-3000 and RM-2400 (Residential, Multipie- ' Family) zones. The Low-Medium Density. Residential land use: designation would permit a "theoretical maximum of up to`19 units afa density of 18 dwelling units per gross acre for his property. Page 3 Staff Report to the Planning Commission January 13 2003 Item No. 12 (11) Staff believes that the Low-Medium Density Residential land use designation is appropriate forsthis property as a cdntinuation'bf the adjacent condominiums.to the east and an appropriate transition from the single-family neighborhood to the west. DEVELOPMENT PROPOSAL (12) The petitioner proposes to develop this parcel as a 1-lot, 16-unit attached condominium subdivision. The tentative map and site plan: (Exhibit No;1) indicate that access to the deyelopmenfwould beprovided by a private street from Katella Avenue. Each residence would include: atwo-cargarage and 12 parking spaces would be provided along the west side of the private street. The private street would provide vehicular access: to the garages, which are located wlthih-four separate paved eourlyards. Sldewatks are nofproposed'within the development. No entry gates are proposed. (13) Plates show two condominium buildings separated by a 10 foot wide landscaped common recreational leisure area: There are two u-shaped buildings attached to makeup each of proposed buildings. Each u-shaped building is designed with four units. The: site plan`also shows sidewalk on the east side of the private street, adjacent to he units. Plans indicate the following projecticharacteristics: .:Code Standards s Coda Regwrements` `Proposed Project, Densi 19 units 18 DU's er acre 16 units 15 DU's er acre Lot Covers a 40 eroent maximum 41 eroent ` 1-story permitted within50 feet 2-story dwelling unitsproposed Structural height of asingle-family zone 24 feet from he single-family.;: bounds zone bounds 'Parking Spaces 48 parking spaces; 44 parking spaces,' 32 s aces covered:: 32 s aces covered: Setback adjacent to Katella Avenue 20 feet landscaped; one tree 20 feet landscaped planter with er 2011near feet 8 trees ' 5 trees 'Setback adjacent to north properly Ilne 20 feet landscaped; one tree 24 feet landscaped planter with sib le-famil homes er 26linear feet 8 ees 3 trees 'Setback adjacent to east property,line 10 feet; no landscaping required 10 feet a artment com lex `Setback adjacent to west property line 20 feet landscaped; one tree 13.9 feet landscaped planter' sin 1e-famll homes ` er 20 linear feet i6 Vees with 6 trees Recreational Leisure area 12,000 square feet total -.750 4,416 square feet total - s uare feet er unit:: 276 s ware feet er unit -` Attached, detached and semi-attached wnd omintums are permitted in the RM-240 0 Zone,.subJect to the approval of a `condltlonal use permit and are further aubtect to ftte site development standards of the RM-3g00 CodeSectlon. (14) The floor plan (Exhibit No. 1) indicates all units are two-story, 3 bedroom, 2.5 bathrooms units ranging;in size from 1,444 to'1,659 square feet. All units have an identical first floor with a 2-car garage, kitchen, living/dining room, and half bath. Plans show the second floor bf each uniPwith 3 bedrooms,: 2 bathrooms ahd a walk-in closet. The second floor of the froht units (adjacent to the private street) differ from the back units (adjacent to the Page 4 Staff Report to the Planning Commission January 13, 2003 Item No.' 12 condominiums to the east) by having a family room on the second floor. Entrance to the "units is gained from the garage br the living room. The floor plan also shows apatio-and balcony for each of the units. Code required a minimum of 950; square feet for three= tiedroom units. (15) The elevation plan (Exhibit No.1) shows the west (front) elevation of the units to face he 'covered parking area. Vehicular and pedestrian access to the units is gained through a ..tunnel-like'courtyard. The elevation shows'arches above the driveways which lead into the u-shaped condominium buildings. The architectural design differs for each of the four-plex 'units. The'different features include square and multi-paned windows, window banding, fiorizontal siding, decorative masonry work', alternating roof materials, and;slightly different 'detail for each driveway entrance. Plans for the north, east and south building elevations were not submitted. " ENVIRONMENTAL IMPACT ANALYSIS: (16) Staff has reviewed the proposalland the Initial Study(a copy of which is available for`review in the Planning Department) and finds nolsignificant environmental impact and, therefore, recommends that a Negative Declaration be approved upon a finding by the Planning Commission that the Negative<Declaration reflects the independentjudgment of thelead agency; and that it has considered the proposed Negative Declaration together withany commentsireceived during thepublic review process'and further finding oh the basis of the :Initial Study and any commentsfreceived that there is no substantial evidence that the project will"have a significant effect on the environment. GROWTH MANAGEMENT ELEMENTANALYSISs (17) The proposed project has been reviewed 6y affected City departments to determine` !whether ifconforms;with the,City's Growth Management Element adopted. by the City 'Council on March 17 1992. Based on City staff review of the proposed project, it has been 'determined that this: project does not fit within the scope necessary to require a Growth Management Element analysis,: therefore;' no analysis has been performed. EVALUATION: (18) The petitioner requests to rezone the property from the RS-10,000 Zone to the RM-2400 'zone. The?requested rezoning would be compatible with the proposed Geheral Plane: 'designation of Low-Medium Density Residential. Staff feels that the RM-2400 is compatible 'with the adjacent condominiums to the east and an appropriate transition to the single- family homes to the north and west. (19) Waiver (a)' pertains to minimum private street standards. This waiver has.: been deleted. (20) Watver (b) pertains to minimum number of parking spaces. Code requires a total of 48 'parking spaces based on a ratio of three spaces for each three-bedroom'unit. Of these spaces,32 spaces must be covered and 12 spaces must be readily accessible and marked for guest parking. Plans indicate a total 0844 parking spaces, 32 spaceswithin garages rand 12, spaces on one side of the private. drive (along the west property line). The Traffic Engineering Department has reviewed a parking letter (see attached) that was submitted by the applicant. Staff feels that the minimum number of spaces required is necessary for the adequate development of the property and feefs'that the project should be resubmitted Page 5 Staff Report o the Planning Commission o- January 13 2003 Item No. 12 ' to show the required number of parking spaces. Based on the recommendation of the. City Ti-affic and Transportation Manager, staff recommends denial of his waiver: (21) Waiver (c) pertains to maximum structural height within 950 feet ofsingle-family zone, Code limits the height of multiple-family structures to one-story within 50 feet of a single- family residential zone boundary. Further, Code permits two-storyibuildings `no closer than 50 feet provided that plans indicate no visual' ihtrusion upon the single-family residential zone boundary. Plans indicate atwo-story building within 24 feet of asingle-family residential zone to the north and150 feet from the single-family zone boundary along the west property ine. The intent of this section, requiring a greater setback from'thesingle- family boundary, is to insure that a higher density/attacfied product does not ihtertere on theprivacy or enjoymentof the adjacent single-family neighborhood. The proposed plan shows an eight-unit, two-story condominium building setback 24 feet from asingle-family zone boundary. Staff does not feel: that 24 feet is adequate to provide for anon-intrusive living environment between asingle-family residence and atwo-story eight-unit condominium buildingt herefore, staff recommends denial of this waver. (22) Waiver (d) pertains to maximum lot coverage: Code permits a maximum site"coverage of 40 percent forattached,'detached or semi-attached one'family dwellings in the RM-2400 zone. Plans indicate a site coverage of 41 percent, which does include the area of living space that extends over: the driveway entrances. Standards such as lot coverage were designed to assure that ~esidential'projects provide a desirable living environment by not overbuilding the site. Staff feels this waiver sfiould be denied because hardship is not evident on this property and because the deviation is minimal. (23) Waiver (e) pertains to minimum Iahdscape setback abutting asingle-family residential ! j development.: This project abuts single-familyhomes to;the west and north property lines; Code requires a minimum 20 foot landscaped. setback with trees planted 20 feet on center fora total of`16 trees along the west propertyline and 8'trees along the northproperty tine. Plahs indicate(a 13.9-foot wide lantlscape setback with 6 trees along the west propertytine andsa 0 to 24;foot wide landscape setback with 3 trees along the north property line. Plans ! indicate that parking spaces are located within the required 20-footlandscape setback adjacent to the single-family homes to the west and the trash truck umarountl encroaches into the required landscape setback along the north property line. The applicant states that thiswaiver should be approved because the property depth and width create'a design I ha~tlship. The intent of he required landscape sethack is to buffer more massive, higher density attached housing from single-family neighborhoods. Further, the lot configuration is noEn•egular ifi size orshape and is similar to adjacent lots to the east. Staff recommends denial of thiswaiver. (24) Waiver (f) pertains to minimum required recreational leisure area. Code requires 750 square feet of recreational leisure'area per unit (12,000: square feet total) and' plans ' indicate 276 square feefof recreational leisure area perunit for a total of 4 496 square feet , provided by open common areas; balconies and ground floor patios. Plans indicate that leisure area isprovided by open common areas to the north and center of the property'(in between the two buildings). Code does not allow front setback areas (adjacent to an arterial highway) to count toward the minimum open'space requirement; therefore, the landscape area along Katella Avenue is not calculated as proposed eisure area. Plansiihdicate ground floor patios for all units, which are proposed at 99 square feet to 160square feet. Code requires that ground floor patios shall not be less than 200 square feetwith the least dimension of 10 feet; therefore the!proposed'ground floor patios do not meet the minimum requirementsand are not calculated as recreational leisure area:Plans indicate balconies forali units, which are proposed at 87 square feet to 120 square feet. Code requires that Page 6 Staff Report to the 'Planning Commission January 13, 2003 ttem No. 12 balconies shall not beless than 50 square feet with the least dimension of 5 feet; therefore ahe proposed balconies meet the minimumistandards and are calculated as recreational leisure area. Staff feels that this waiver reflects poor'eite designand the project should provide foc and promote leisure'area by way of useable balconies, patios end outdoor` areas. Staff feels that greater leisure areawould provide for a more livable project and 'recommends deniafbf this waiver. (25) Staff is supportive of the general plan amendment and rezoning to permif~esidential :.condominiums on this properly.:. However, tall would like the opportunity. to work with the applicant on eliminating some of the waivers and enhancing the design ofahe project to !promote greater livatijlity. Theproject as currently designed does not meet the level of ,'quality the`Commission has been approving for similar development proposals. Specifically, staff has the following design,concems: There is very little useable open:. space/rec~eatlon area for future residents. The main entries to the units are not welcoming and awkward. Units closest to the east :;property line are accessed through the parking garage. There is no landscaping tp buffer he units: closest to the privatedrive from he pavement. The project design uses the garages as part of the "podium" or deck on which the units are ;placed creating a large amounfof buildingmass andipaved area. The number of waivers is excessive and is reflectivebf the project's design. FINDINGS: (26) .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 pf special circumstances applicable to it, sfiall be deprived of privileges commonly `enjoyed by other properties in ahe same vicinity and zone. The'sole purpose of anyor code r'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 `or code waiver is granted by the Planning Commission, it shalfbe showni (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 identicai'zoning classificationin the vicinity. (27) Before the Planning Commission grants any conditional use permit, it must make a finding of fact that the evidence presented shows that all ofahe following conditions exist: i (a) That the proposed use is properlyone for which a conditional use permit is authorized,by the Zoning Code, or that said use is not fisted 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 beJocated; Page 7 Staff Report to the Planning Commission January 13;2003 Item No. 12 (c) That the size and shape of the site for he proposed use is adequate to allow the full development of the proposed use in a manner not detrimental to the p'articulararea nor to the peace,' health, safety, and general welfare; (d) That the traffic generated by the proposed use will not impose an undue burden'. upon the streets and highways designed and improved to carry the traffic in the area; and (e) That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. (28) 'The State Subdivision Map Act (GovernmenfCode, Section 66473.5) makes it mandatory to'ihciude in all motionsapproving,'orrecommending approval of a tract map, a specific finding that the proposed Subdivision together: with its'design and improvement is consistenfwitft the City's General Plan. Further, the law requires that the Commission/Council make any of the following findings when denying'or recommending denial of a tract map: 1. ! That the proposed map is not consistent with applicable General and Specific Plans.- 2. That the design or improvement of the proposed. subdivision is not consistent with applicable General and Specific Plans. 3. That the site is not physically suitable,for the type of development. 4. That the site is not physically suitable for the proposed density of development'r 5. That the design of the subdivision or the proposed improvements are likely to ~ causesubstantial environmental damage or substantially end avoidably injure fish or wildlife or their habitat. r 6. That the design of the subdivision or the type of improvements is likely to cause I serious public health problems. 7. That the design bf the subdivision orthe type of improvements will conflict with easements, acquired by the public of large, for access through or use of property ~ withinthe proposed subdivision." RECOMMENDATION: (29) Staff recommends that unless additional or contrary information is received during the meeting, and based upon the evidence submitted to the PlanningCommission, including the`evidence presented in this staff,report, and oral and written evidence presented afthe public hearing{ that the Plannino Commission"; by motion; continuethis reeuest to the ; February 10;2003. Plannino Commission meetino in order to redesion to promote a more '-livable oroiectby eliminatino Codewaivers and addressing condems mentioned througftout this`reoort. Page 8 Staff Report to the Planning Commission January 13, 2003 <' Item No. 12 THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS AN`INTERDEPARTMENTAGCOMMITTEEAND ARE RECOMMENDEDFOR ADOPTION BY THE PLANNING COMMISSION W THE EVENT THAT THIS RECLASSIFICATION 1S'APPROVED. 1. That approval of Reclassification No.'2002-00085 is contingent upon'approval of General Plan Amendment No:' 2002-00406 by the City Council. 2 - That prior to introduction ofian ordinance rezoning subject`property, a preliminary title report shall be furnished to the Zoning Division showing the'iegal vesting of title,: a legal description and containing a map of the property. 3. That prior to placement of an ordinance rezoning subject property on an agenda for City Council consideration, Condition fJo. 1 and 2'above-mentioned, hall be completed. The City Council may approve or disapprove a zoning ordinanceat its discretion. If the ordinance is disapproved, the procedure set forth irzAnaheim Municipal Code Section 18.03.085 shall apply. The provisions or rights granted. by this resolution snail become null and void by action of the Planning Commission unless said oonditions are completed within one (1) year from the date of this resolution, or such further ime as the Planning Commission may grant. 4. ' That approval of this application constitutes approval of the proposed request only to the extent that if oomplies'with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not includeany action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS AN1NTERDEPARTMENTAL COMMITTEE AND'ARE RECOMMENDED!FOR ADOPTIOMBY THE PLANNING COMMISSION IN THE EVENT THAT CONDITIONAL USE' PERMIT NO?2002-04635 1S APPROVED. 1. That the developer shall plant 24-inch box sized Liriodendron Tulipifera Vees oh 40-foot centers in the parkway. `Minimum width of parkway/tree wells shall be 5 feet. The entire parkway shall be irrigated by a system supplied from tfie development and'said information shall be shown on plans submitted for building permits. 2. ' That gates shall not be installed across any driveway or private street in a manner which may adversely affectvehicular$raffic in the adjacentpublic street. Installation of any gates shall conform to Engineering Standard Plan No. 609' and all driveways on Kateila Avenue shall be constructed with ten-foot radius curb returns as required. by City Engineering Standard 137, Said requirements shall be subject to the review and. approval of the City'Traffic and Transportation Manager. Saidinformation shall be specificallyshown on'plans submitted forbuilding permits. 3. '' That an on-site"trash truck. turn-around area shall be provided per Engineering Standard Detail No.'610 and maintained #o the satisfaction of the Public Works Department, Streets and Sanitation Division. Said. turn-around area shall be specifically shown on plans submitted for building permits: 4. ' That the property owner/developer shall install street lights on Katella Avenue'and within the :.project as required. by the. Electrical. Engineering Division.? A bond for the installation of the street lights'shall be posted withthe City of Anaheim prior to issuance of building permits. The'street lights shall be installed prior to occupancy. Page 9 Staff Reportto the Planning Commission January 13 2003 Item No. 12 : 5. That any. required relocation of City electrical facilities shall be at the developer's expense. That landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall be shown on plans submitted for building permits. 6. That thelegal property owner shall submit a letter to the Zoning Divisionrequesting termination of Conditional Use Permit Nos. 88 (to permit a preschool) and 3045 (to permit an addition to an' existing preschooq to the Zoning Division. 7 =That the locations for future above-ground utility devices including, but nok limited to, electrical transformers, water backflowdevices, gas, communicationsand cable davices, etc., shall be shown on plans submitted forbuilding permits. Plans shall also identity he specific screening treatments of each'device (i.e landscape screening, color ofwalls, materials, identifiers, access points, etc.) and shall be subject to the review and approval of the appropriate City'departmants. 8. That all backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets. Anybackflow 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 Watec,Engineering Division in either underground vaults or` outside of the street setback areas in a manner fully screened. from all public streets and alleys. Said information shall be shown on plans and approved by Water Engineering and Cross Connection Controli fnspectorbefore submittal for building permits. 9. That since this project has lantlscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed and sfiall complywith City;Ordinance No. 5349 and Chapter 10.19 of the `Anaheim Municipal Code. Said information shall be shown on plans submitted for building permits. i j 10. That trash storage areas shall be provided and maintained in a location acceptable to the Pu61ic !.Works Department;: Streets and Sanitation Division'and in accordance with approved plans on file with said'Department. Said storage areas shall beiJesigned to be architecturally compatible with the design of the residences, located and screened: so as notto be readily identifiable from adjacent, streets or highways. 'The walls of the storage areasshall be protected from graffiti .;opportunities by tha'use of plant materials such as minimum 1-gallon size clingingvinesipianted on maximum 3-foofkenters or tall shrubbery. Said information shall bespecifically shown onthe plans submitted for building permits for Planning Departmentand Public.Works Department, I Streets and Sanitation Division approval: 11. 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. 12. That roll-up garage doors shall be shown on plans submitted for building permits. Said doors shall be installed and maintained as shown on submitted plans. 13. That all air conditioning facilities and other ground-mounted equipment shall be properly shielded from view: and the sound buffered from adjacent residential properties. I Such information shall be specifically shown on the plans submitted for building permits. 14. That ail plumbing or other similar pipes and fixtures located on the exterior of the building shall be i fully screened by architectural' devices and/or appropriate building materials. Said'inforrnation shall be specifically shown on the plans submitted for building pemtits. >: Page 10 Staff Report to the Planning. Commission January 13, 2003 -Item No.'12 15. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or detiris, and removal of graffiti within twenty-four (24) hours: from timeof occurrence. 16.1 That clothes washer and dryer hookups shall be incorporated into each condominium dwelling unit and shall be hown on` a plansaubmitted,for building: permits. 17. ! That a final landscape and 'irrigation plan for subject property shall be submitted to the Zoning Division for review and approval. Said landscape plans shall show minimum 24-inch box sized trees shrubs, groundcover and vines to be planted in layers in common areas and trees on maximum 20-foot centers along the north and west property lines antl adjacentto Katella Avenue. Any decision made by theZoning Division regarding said plan may be appealed to the Planning Commission and/or City Council. Ali trees shall'be properly and professionallymaintained to ensure mature, healthy growth. 18. That this Conditional Use Permit is granted subject to adoption of a zoning ordinance in connection with Reclassification No2002-00085 and the'recordatiorr of Tentative Tract Map No. 16465, now pending. 19. ? That prior to application for water meters, fire line or submitting the water improvement plans for approval, the developer/owner shall submit to the Public Utilities Water Engineering Division an estimate of the maximum fire flow rate and maximum dayand peak hour water demands`for the project. This information will be used. to determine the adequacy of the existing: water system to provide the estimated water demands. Any off-site watersystem improvements required to serve the project shall'occur in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules and Regulations. 20.' That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonment of existing water services and fire limes, shall be coortlinated through Water Engineering Division of the Anaheim'Public Utilities Department. 21. That prior to rendering water service,'water improvement plans shall be submitted to the Water Engineering Division for review and approval and a performance bond in the amount approved by ' the City Engineer and approved City Attorney shall be posted with the City of Anaheim. 22: That the streets, sanitary sewers, and storm drains within the development shall be privately maintained. 23.: That final elevation plans shall be submitted to the Zoning Division for review and approval showing additional architectural enhancements incorporated into the'project. Any decision by the Zoning Division=may be appealed to the Planning Commission as a t2eports and Recommendations item.:` 24.' 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 Departmentmarked Exhibit No. 1, and as conditioned herein. 25i 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, 5, 6, 7; 8, 9, 10, 1 , 12, 13, 14, 16, 17,.18, 19, 21,`and 23, above-mentioned, shalibe complied with. Extensions for further time to complete said conditions maybe granted in accordance with Section 18.03.090 of the Anaheim Municipal Code'. .Page 11c Staff Report to the Planning Commission 'January 13,2003 Item No. 12 26. ,That prior to final building and zoning inspections, Condition No. 24, above-mentioned, shall be complied with. 27. !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 othec;appiicabie City, State and Federaf regulations. Approval does not include any action or findings as to compliance or _'- approvalbf the request regarding any other applicable ordinance, regulation or requirement:'. THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS AN INTERDEPARTMENTAL COMMITTEE'ANDARE RECOMMENDED FOR ADOPTION BY THE'e PLANNING COMMISSION IN THE EVENT: THAT TENTATIVE TRACT MAP' NO 16465'1S APPROVED 1. That, a maintenance covenant shall be submitted to the Subdivision Section and approved by the City Attorney's office. The covenant shall include provisions for maintenance of common area landscaping, perimeter walls and private facilities, including compliance with approved Water Quality Management ,Plan and a maintenance exhibit The covenant shall be recorded concurrently with the final map; 2. That ail existing structures shall be demolished. The developer`shall obtain a demolition permit from She Building Division.' 3. That the developer shall submitstreet improvement plans to the Public Works Department, Development Services Divisiomand a bond shall be'posted to'guarantee that Katetla Avenue shall be improved in accordance with' a Circulation Element and as.approved,by the City Engineer: The improvement shall be constructed prior to final building and zoning inspection. 4. That all condominium units shalt be assigned street addresses and that the street name for the private street (if requested by the developer or required by the'City) shall be submitted to and approved. by the I Building Division. 5. That prior to approval of the final map or grading plan, whichever occurs first the developer shall'. , submit a Water Quality Management Plan (WQMP) specificelly identifying,the post construction best management practices that will be used on=site to control predictable pollutants from stormwateis runoff. The WOMP shall be submitted to the Public Works DepartmentbevelopmantServlces Division for ' I Feview and approval. > 6. That a tract map to record the division of subject property shallbe submitted to and approved by i ;i the City ofAnaheim and shall then be recorded in the Office of the Orange County Recorder. ~ 7. That the approval of Tentative Tract Map No. 16465 is granted subject to the approval and finalizationi of Reclassification No. 2002-00065 and General Plah Amendment No. 2002-00406, now ;pending. 8. That the City of Anaheim sewerconnection fee shallbe paid. 9. That the legal property owner shall irrevocably offer to dedicate to the City;of Anaheim (Water Engineering Divisign);an easement twenty (20) feetin width for water service mains and/or an easemenffor large meters and'other public water facilities. 10. That the legal property owner shall provide the City of Anaheim with a six to eight foot wide (exact .width will vary with design) public utilities easement.i Said easement sfiah be subject to the electrical utilities design for pad-mounted: equipment: Said easement shall be submitted to the City of :'Anaheim prior to connection of electrical service. Page 12 l Staff Report to the 'Planning. Commission January 13 2003 Item No; 12 11. That prior to final tract map approval, Condition Nos.1, 2, 3, 4, 5, 6, 7, 8, 9 and 10, above- mentioned, shall be complied with. 12. That approval of the proposed`request only to the extent that it complieswith the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does nofinclude any action or findings as to compliance or approval of the requestYegarding any other applicable ordinance, regulation or requirement. Page 13 L7 N 7 m O 'O _n 7 ~ ~rt ~ ''O3 m a ='•~+ O ~ Z ~ O ~ O O N O O O 01 Knott SL Weatam Ave. Beach BMd. Dale Ava. Magnolia Ava. GI16ort SL Blookhulat St. Nutnood SL Euc/ld St. Ninth St. Want St Harbor Bhd. Hunter St. lowly Stnmt State College Bhd. ® v o~ ~D Na ~o ;, Zm `w ~ 2 ~ n u .a ° ~ `~ as ma ,~ 0 ATTACHMENT - ITEM N0. 12 St. ~m Ave. h Blvd. Aw. alia Ave. rt s<. khurat St e st or BNd. on St. St e College BNd. Kraemer Blvd. Miller St. Tvetin Ave. JaNorson SG ao x ~ g+ a ~ n S ° 'J O ~. ~ O b V b 'O s 8 c °s°3q c $ v ate. 3 L` a ~ 5 ~ ; 3 S a 3 5 s 5 5 s < 'EXISTING COMMERCIAL PROFESSIONAL Z LOW DENSITY LOW DENSITY w w RESIDENTIAL RESIDENTIAL o N N SUMAC LOW DENSITY RESIDENTIAL LANE ACRES 1.07 LOW DENSITY RESIDENTIAL z~ ~ z~ O pC ~ ~ .... :;~:a:< J J Or N :::::;•;: .:::.:::.; g ..::.. LOW- MEDIUM -- ------- a _ ~ ° U . _ _ _ _ _ _ ......... ~~~~~~~~~~ o;;;;;~: '~~ o ``ii U ~ :F;~;;:: DENSITY RESIDENTIAL i GENERAL GEN. C OMMERCIAL COMM. K ATELLA AVENUE (Major Highway) GENERAL COMMERCIAL ~ ~ ~ GENERAL COMMERCIAL J _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - Q ~ _ _ _ ®_ _ _ _ ®_ _ ®_ _ _ ®_ _ ~ ~ L-1 °° ~ I I ~ General Plan Amendment No. 2002-00406 Existing Figure 2 EXHIBff A LOW-MEDIUM DENSITY RESIDENTIAL LOW DENSITY RESIDENTIAL Z LOW DENSITY g w RESIDENTIAL o SUMAC LOW DENSITY RESIDENTIAL LAN E LOW DENSITY RESIDENTIAL z~ c~i~ z~ ..... 0 0 0 0 ~ w Z ~ w ,','„ ~ o OpC ~ O T ::?:w J w ;;: ~ o: GENERAL GEN. o _ COMMERCIAL COMM. :~----------------- LOW-MEDIUM DENSITY RESIDENTIAL KATELLA AVENUE (Major Highway) ACRES 1.07 -_ I GENERAL COMMERCIAL ~ ~ ' ®GENERAL COMMERCIAL w J W 0_ m~i ®i ~®® .®\~.®~.® General Plan Amendment No. 2002-p0406 Exhibit A Figure 3 01/02/2003 12:08 949-262-3246 MM LLC~CA~~~~~~ ~ ~~~~ ~~V~~,qs PAGE 01 °6' o~\ ~1 \ RECEI ED ° Pt,pNNIN6 ~, ~ T A L _ THE l ~ ~ Oc El 9' ~=/ January 2, 2003 Mr. Alfred Yalda Traffic Engineer City of Anaheim Rc: CUP 2002-04635 Dear Sir: We aze hereby requesting a waiver of item (b) minimum number of required parking spaces on CUP 200204635 cif four (4) parking spaces for the properly located at 1597 West Katella in the City of Anaheim. If this waiver does not meet your approval we are prepared to provide the additional parking spaces that you are requiring. ~d~ Thank you for your consideration Very truly yours, 7 9/ ~~®o M. Bdaiwi President of G.P. 3972 BARRANCA PARKWAY STE. J-425, IRVINE, CA 9260fi zH'd 'RilOl - '} .` , CTTX OF ANAI;IEIIVI CALIFORNIP, Planning Department NOTIx'ICATION OF PROPOSER RESIDENTIAL DBVELOPMCENT Date: / O "- f ~ - ~ ~- •. An appticatiott leas been sobmittod to the City of Anaheim Planning Department to construct a ._.L_-unit resideotinl project at: ~S9 ~ •. ~/ kAT~ c.~~ (Number) (Street) /-~I/Aff l~l1 92poZ 1 (~ti') (Zip Code) ^ Apartment Project Condominium Projec[ ^ Single-family residetttinl The aforementioned project is scheduled to be reviewed at the Planning Commission hearing. Approvn]/denlal or continuance of the development will be determined at the . pub]ic•heariag. Please attach any comments you may have concerning the proposed development and sign this form so that the Planning bepartment is assured that the School District has been properly noti#ied of this project. If you have nay questions chat cannot be addressed by the applicant, please feel free to contact our office at (714) 765-5139. (AUfhorlaed District Representative) (Dot Anaheim.ilnf~on High School District (School District) Coitlments' The project is 7.ocated within the attendance boundaries of Loara ]liyh School and Ball Jr Bil;h•School Presently both schools are operatinz beyond their existing capacities_ However the protect wrill have no overall impact on the Anaheim Daion 13igh School District if-the appropriate developer fees required by lava are paid prior to protect approval. --. City o[Anaheim Planning Departmen[ 200 South Anaheim BatJevard P.O. Boz 322? x ~ • ' Anaheim, CA 91803 •' ~ , Phone (71d) 765-5139 FAX (714) 765.5180 doananVts~KhmWstly • CUP N0. 20D2 ' 0 4 b 3 F ----- -- --• =~haan G~aN1snH (ISHf1FJ WO?Jd I2:Ei zOaZ-BZ-1~0 Oct-18-02 16:24 From-ANAHEIM ~ 'SCHOOL FAC AND OPERATIONS 7145178768 .~ ~~ i T-711 P.01/01 F-D58 NA~'$FICATION OF 1'TtOPOSED ]RESIDEIV'd'IAL DEVELOPiV1ENT Datc: / D - /j - o Z An appUcation has be¢n subntltted to the Clty of Anuheltn Pluuufug Department to construct a -unit resid¢ntial project at: ~5Q ~ ~/. kATo L t-~ ~ Apartment Project (N/amber) (Street) q d p~'/ nl~'A~j~~ /2pOZ +-~ CondomluiuuiPruject (City) (tip Code) ^ Sin®le-family residential The aforementioned project is scheduled to be reviewed at the Plnnning Commission boating. Approval denial or continuance of the development will be determined at the . publiehearing- Please attach any comments you may have concerning the proposed development and sign this form so that the)Planning Department is assured that the School District has been properly notiiled of this project. D Yon have any questions that cannot be addressed by the applicant, please feel free to contact oar of'Fice at (714) 765-5139. lb ~ t~ t7Z (Date) Comments• ~ OY~ ~ a,n,i,agm~,amoia,w City oCAnahelm Planning Department zODSonthAnahnimBnulnvmd P.O. Box 3222 ~. , Anaheim, CA92803 Phone (714) 76&5139 FAX (714) 7fi5-5280 • CUP N0. 2002 - 0 4 b 3 5 ~r.a4.Q.t1.., c i -tom S c1-~~v (_ 17is~'. (Schaal District) _ _ .. ' ;~ SECTION 4 PETITIOI~rER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAVER OF CODE SECTION: PERTAINING TO: Are there special ~ctunstances that apply to the property in matters such as size, shape, topography, location or surroundings? -Yes _ No. ft n -- ..__ ... .. .. . ' -°- --------. fat,at-t~~V W 1tJiH g lJCP7N CRER"TE is Code 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 aze special circumstances applicable to the property, including size, shape, topography, location or surroundings, v••hich do not apply to other property under identical zoning classification in the vicinity; and 2. That, because of such special cucutnstances, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning c]assification in the vicinity. In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Comrission to arrive at a decision, please answer each of the following questions regazding the property for which a variance is sought, fully and as completely as possible. If you need additional space, you may attach additional pages. I. 2. QCPP-~~ht-{S 'J~°~o I Are the spectal circumstances that ap same zone as your property? ~ Yes property different from other properties to the vlctmry 3• 3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? I~Yes No answer if "yGS," describe 4. 50 The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shal] be approved which wou have the effect of granting a special privilege not shazed by other property in the same vicinity and zont which is not othe - e expressly authorized by zone regulations governing subject property. Use variances aze not permitted. ~.-Z~-~ "1-~ Signature of roperty Owner or Authorized Agent Date CONDffIONAL USE PERMTI'NARIANCE N0. DECEMBER 12, 2000 CUP PdO. 202 - 0 4 ~ 3 ~ If your answer is "yes," describe how the property is different: Were the spe~ia] circumstances created by causes beyond the control of [he property owner (or previous property l1WTPIS~7 V YPG ND . 1I PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FO2R P^ARK``,ING WAIVER) r~ REQUEST FOR WAVER OF CODE SECTION: ' ~ ~ J o[ ' V ~~ ~ " V ~ °~ ( separate sta~[gmerit is re~m~_re~d PERTAINING TO: mRXttnunt tJ i RUC. ~UdgL. ~~µn PII'(Ht~ SECTION 4 F~-lmtt~~ REs~t~ r=t~t-rlr~t- z.ot.t ~ Sections 18.03.040.030 and 18.12. 60 of the Anaheim Municipal Code require [hat before any variance or Code waiver maybe granted by the Zoning Administrator or Planning Commission, the following shall be shown: 1. That there aze 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. Thal, because of such special circumstances, strict application of the zoning rode 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 Plaruung Commission to arrive at a decision, please answer each of the follow9ng 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 cam' cumstances that apply to the property in matters such as size, shape, topography, location or surroundings? V Yes _ No. ,''l1 1^,~oactZ,y WttJili ~ L~E~N C1tER"fE If your answer is "Yes," describejl+e special circumstances: ip ruR -ti (YIORE - ~ u~' n H~ P-l~w t O ° b f ~. RcPR-~~~t ~s 3~°-~ ~F (He 1 t~-ec~erz~y. eu,a-5„~e 2. Are the special circumstances that apply to the property different from other properties in the vicinity w 'ch aze in the same zone as your property? _ Yes ~ No If your answer is "yes.," describe how the property is different: 3. 4. 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 a granting a special privilege not shared by other property in the same vicinity and zol which is not o " r ~ u orized by zone regulations governing subject property. Use variances aze no[ permitted. ~~-~---- Signature of Property Owner or Authorized Agent Da e DECEMBER 12, 2000 CONDITIONAL USE PERMTTNARIANCE NO. CUP PJO. 202 - 0 4 6 3 5 Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? /Y"es No Were the special circumstances created by causes beyond the control of the property owner (or previous property owned? V Yes No 1 SECTION 4 PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAVER) REQUEST FOR WAIVER OF CODE SECTION: ~ +' O $ ' ~ SS ~ ~ a- f~ (A sepatate statement is required for each Code waiver) PERTAINING TO: ~ ~(~t I muyyl ~ ~ 1 RrfE cS~I ILA. ~ C~Tf~V D~ Sections 18.03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver maybe granted by the Zoning Adminisrator or Planning Commission, the following shall be shown: 1. That there aze 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. Irr 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 specia irctunstances that apply to the property in matters such as size, shape, topography, location or surroundings? _ Yes -No. 1 c If your ~gts~ver i~"Yes," describe the special^ircumstances: ~a 0 O E1Z- \ ~ W I ~~ ~~ 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 properly? _ Yes_ No If your answer is "yes," describe how the property is different: 3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? _Yes ~No If your answer if "yes," describe [he special circumstances: 4. The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved which ~ould have the effect of granting a special privilege not shazed by other property in the same vicinity and zon which is not o rwise ex rized by zone regulations governing subject property. Use variances aze not pemritted. Stgnatu of Property Owner or Authorized Agent Date CONDfI'IONAL USE PERMITNARIANCE NO. DECEMBER 12, 2000 CUP FJO. 2002 - 0 4 ~ 3 F Were the special circumstances created by causes beyond the control of theproperty owner (or previous property owners)? _ Yes ~ No "SECTION 4 PETTTTONER'S STATEMENT OF JUSTIFICATION FOR VARIANCEJCODE WAVER (NOT REQUIRED FOR PARKING WAVER) REQUEST FOR WAIVER OF CODE SECTION: ~ O ~a' y ~' ~ y (A separat statement is required for each Code waiver) PERTAINING TO: _ ~A°;`1n~y.rn ~d 1C ~vUCILt'~~ Sections 18.03.040.030 and 18.12.060 of the Anaheim Municigal Code require that before any variance or Code waiver maybe 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. Thal, 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 [o 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 specialpircumstances that apply to the property in matters such as size, shape, topography, location or surroundings? //_ Yes _ No. rr `` /~ 1 ~t If your answer is "Yes," desc be the special circumstances: ~p~ ~--\ Y\1 `~ 1 h v V ~1~ 1 h L12e R`~ C ~ ~~ \ C~t ~ E'1R-D S 1-t t4 2 Are the special circumstances that apply to the property different from other propemes m the vrcrmry wrucn are m the same zone as your property? _ Yes X No If your answer is "yes," describe how the property is different: 3. 4. 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 ring a special privilege not shared by other property in the same vicinity and zor which is not othe see u o zone regulations governing subject property. Use variances are not permitted. Signs re of petty Owner or Authorized Agent Date DECEhIB£R 12, 2000 CONDITIONAL USE PERMITNARIANCE NO. CUP PuO. 2002 - 0 4 0 3 ~ Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? /Yes No Were the sp~al circumstances created by causes beyond [he control of the property owner (or previous property nvmrrcl~ / Vec No ML ML 53-5407 ML ML ML 53-5407 CUP 1886 53-54-07 fifi37-14 53-54-07 CUP 1866 CUP 1666 5536-31 RCL 52-53-6 "' RCL 52-53-6 CUP 3292 CUP UO 0 0 8206 SMALL INDUSTRIAL FIRMS C P 1 VOCATIONAL ML Y ~ om $ OFFICE BUILDINGS SCHOOL m iim W 53-54-07 m ~ ~~a E~~- ML 53-54-07: ~ n ~ ~ CUP 1666 ~ mo ~ mU n CUP 1666 m u p p m SMALL IND. FIF ~ ~ DRIVE ^ WOODLAND DRIVE ~ = ND 3 0 Lu ML ^ ML X00 CL Z CUP 1888 O CUP 1 B0 ML RCL 73]0.55 (@I UJ ML ML ~i 664i]-14 7 5354-07 C Pi9BB ML RCL 52-53-@ Q 53-54-07 CUP 7989 I CUP 1462 RCL 52-53-8 53-54-07 CL OFFICE BLDG. Q CUP 2923 127' ML CUP 3213 ML .SMALL IND. GUP 1666 RCL 73.74.55 (S) CUP 1666 FIRMS ~ RC1~531~ ~ 6MALL IND. '. ~ CL FIRMS - CuP 2240 RCL ]3.7455(2) Z CUR 1712 864i]-14 CUP 1462 RCL 52.53-6 Q ML ML IMPERIAL THEATER CUP 7642 518 CUP 1 DRNE-THROUGH ~ ML CUP B @ e REST. ML 5Y54-07 cL 53-54-07 cuP tees ML CUP 1462 CUP 2002-04640 SMALL INDUSTRIAL RCL ]3-lass (7) CUP 1688 FI RMS '4-55 (1) 0.t 5Y53B IND. FIRM ML 6637-1 4 ~-14 T-CUP 2@02-04599 ?-$3-6 T-CUP 2001-04436 53-54-0 7 7462 T-CUP 799/-04429 2-04530 T-CUP 2001-04371 _._____~------------------------ ~~ LAND T-CUP 2000-04255 VIA PALMA \ ZA CUP 4255 CUP 3935 -------_--- -~____ __ - ____~~ \ ML ML cuP t4sz F C G ML 66.67 14 \ 1 fifi-67-14 53-54 7 OF I E BLD 53-54-07 ML I i 53-54-07 CUP 2357 V-2873 53-54-07 CUP 1748 V-2483 I I CL SMF R D ML ML I 1 1 SMALL IND. RCL 73 74-55 (6) CL 73-74-55 (9) MS SMALL IND. 66-67-14 I I I FIRMS 6637-14 6637.14 ML FIRMS 53-54-07 I 1 RCL 52-53-8 RCL 52-53-8 CUP 14fi2 66.67-14 CUP 2626 I I C 2 CUP 4057 CUP 2556 O FICE SERVICE CUP 2001-04499 66-67-14 I I BLDG. STATION RCL 52-53-8 ! 53.54-07 I I V-1263 I I S.S. I I LA PALMA AVENUE -I000R CL ,,, r, Conditional Use Permit No. 2002-04640 Subject Property Date: January 13, 2003 Scale: 1" = 200' Requested By: EVANGELICAL CHRISTIAN CREDIT UNION Q.S. No. 24 TO PERMIT A CHURCH WITHIN AN EXISTING OFFICE BUILDING WITH WAIVER pF MINIMUM NUMBER OF PARKING SPACES. 2568 West Woodland Drive 525 Staff Report to the Planning Commission January 13; 2003 ltem No. 13 13a.` CEQA NEGATIVEDECLARATION (Motion) 13b. ` WAIVER OF CODE REOUIREMEN"f ; (Motion) 13c:' CONDITIONAL USEPERMIT NO: 2002-04640 (Resolution) SITE LOCATION AND DESCRIPTION: (1) This irregularly-shaped 0.35-acre property has a frontage of 69 feet on the west side of Wdodland Drive, a maximum depth of 127 feet and is located 680 feet east and south of the centerline ofMagnolla Avenue (2568 West Woodlandbrive). REQUEST: (2) The petitioner requests approval of a Conditional Use Permit under authority of Code Section 18'.61.050:140 to permiPa church within an:ezisting office building with waiver of the following: SECTIONS 18.06.050.0266 Minimum number of parkino spaces. AND 18.67.066.050 ' 52 spaces required; 20'proposed and recommended by tfie City Traffio'and Transportation Manager. BACKGROUND: (3) This property: is developed as a part of an industrial office complex and is zoned ML (Limited Industrial). fhe Anaheim General Plan Land' Use Element Map designates the site foc General Industrial land`uses. (4) Surrounding land uses are as follows: Direction Land Use Zoning ' General Plan Designation + All Directions 'Small Industrial/Office `Firms ML General Industrial PREVIOUS ZONING ACTIONS: (5) The following zoning action pertains to this property: Conditional Use Permit No. 1886 (to permit offices and: restaurants in an industrial complex) was approved by the Planning Commission on September 11, 1978. On June 30, 1980, the Commission approved revised plans. PROPOSAL: (6) The petitioner is requesting approval of a conditional use permit in order to establish a'4,720 square foot church within an existing building of an industrial/office complex! (7) The site plan (Exhibit No. 1) indicates this building is one of 29 buildings located within the industrial/office park. No exterior`modification to the building is proposed. Sr8518vn.doc Page 1 Staff Report to the Plahning Commission January 13 2003 Item No. 13 (t3) The floor plan (Exhibit No. 2) indicates a 1,660 square foot sanctuary, 3 classrooms, a kitchen, 4 offices, a lobby; a janitors/mechanicaP room, an electricaliroom, and 2 restrooms. (9) Parking is proposed in the parking lot adjacent to the proposed church and also adjacent to buildings located at 2551; 2572 and 2584 Woodland Drive hrough a-~eciprocal;parking ,` agreement. The petitioner;proposes to utilize parking in these areas for Sunday services:: Vehicular access is provided via two'tiriveways on Woodland Drive artd plans indicate a total of 20 on-site parking spaces for this building. Cade requires 52 spaces based the following charti Use Square Feet! Code Parking Requirement Parking Re wired Sanctuary (assembly) 1,660 29 spaces per 1,000 square feetbf 48.1 ' assembly area or 0:333 space per (sq. footage used> 'fixed seafwhichever is rester Office(for the church 671 4 s aces' er 1,000rs ware feet 2.6 Kitchen? 700 .02 spacesof the maximum capacity of .92 assembl area 46 Classrooms' 465 O spaces required 0 ? Lobby,'halls, 1,224 Ospaces required 0 restrooms, storm e TOTAL` i 4,720 52 spaces`. • Code does notrequlre anyparking for the accessory: Sunday school classrooms.: (10) Photographs indicate the existing elevations consist of two-toned gray and tan concrete tilt-up buildings with reflective glass windows and blue accent color over the entry-way. The site: plan and photographs further indicate'existing lahdscaped,`planter areas adjacent to all building elevations. (11) The petitioner indicates that signage would be limited to one Code-conforming wall sign located on the north elevation of the building. The petitioner has indicated thafreligious Icons (crosses) are not proposeddo be placed on the building. No other signs are proposed in connection with this request. (12) The petitioner has submitted the attached letter of operation indicating one Suntlay service from 9 a.m. to 11 p.m., Saturday band practice from 12 noon to 2 p.m: a once a month Monday Board meeting from 7:30 p.m. to 9:30 p;m, and office hours on Tuesday through Friday from 8 a.m. to 5 p.m. The letter also indicates that with the exception of accessory: Sunday school activities, no other school uses are proposed. ENVIRONMENTAL IMPACT ANALYSIS: (13) Staff has reviewed the proposal to establish a church in a industrial office complex and the Initial Study (a copy of which is available for review in the Planning Department) and finds no significant envirahmental impact and„therefore,'r•ecommends that arNegative Declaration be approved upon a finding by he Planning Commission that'the Negative Declaration reflects the independenfjudgmentof the lead'agency; and that it Etas 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 anycomments received that there is no substantial evidence that the project will have'a significant effect on the environment. Page 2 Staff Report to the Planning Commission` January 13 2003 Item No. 13 GROWTH MANAGEMENT ELEMENT ANALYSIS: (14) The: proposed'project has been reviewed by affected City departments to determine whether it conforms witfi'the City's'Growth Management Element adopted by he City Council on Mi3rch 17,:1992. Based on City. staff review of the proposed project, it has been determined that this project does not fit within the scope necessary to require a GrowthManagement Element analysis, therefore, no analysis has been performed. EVALUATION: (15) Churches are'permitted in ML zone subject to the approval of a conditional use permit. (16) The requested waiver pertains to minimum number of parking spaces. Code requires a minimum of 52 parking spaces for this proposed church as described in paragraph no.' (9) of this.. report and 20 spaces are proposed. The: petitionerhas submitted a parking study prepared by Hartzog & Crabhill, Inc., dated August, 2002, to substantiate the;requested parking waiver'. The City Traffic and Transportation Manager has reviewed the parkingjstudy and determined that the;proposed;parking, in conjunction with a reciprocal parking agreement with 2551, 2572 and 2584 Woodland Drive, is sufticienEfor the church use provided that the church limits use of off-site parking to the hours specified in the submitted letter of operation. (17) The parking study also indicates the following findings to justify the requested parking waiver; (a) "That the variance, under the conditions imposed, if any, will not cause fewer off-street parking spaces to be provided for such use than: the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonable foreseeable conditions of'operation of such use: Based on the parking surveys conducted at the site, the parking demand of the proposed project, and the calculatedparking surplus of the adjacent uses, a sufficient parking supply will exist under a shared parkingsrrangement. (bj; That the variance, under the conditions imposed, if any, will not increase the demand or competition for parking spaces upon the public streets in the immediate vicinity of the proposed use: The availability of shared parking in the immediate area of the project will not produce a need for parking spaces upon public streets im the immediate area;; (c) That the variance, under the conditions imposed, if any, will not increase the demand or 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 suctr use underan agreement in compliance with Section'16.06.010:020 of this code. The project will require parking from adjacent uses, as such a shared parking agreement will need to be met. (d) That the variance, under the conditions imposed, if any, will not increase traffic congestion, within the off-street parking areas or lots provided for such use: The projects projected parking demand will not increase traffic congestion, noise, air pollution, or traffic circulation conflicts, within the shared parking areas provided. Page 3 Staff Report to the Planning Commission January 13; 2003 Item No. 13 (e) That the variance, under the conditions imposed, ifany, will not impede vehicular ingress to or egress from adjacent properties upon,the public streets it the immediate vicinity of the proposed use. The projects projected parking demand will not increase traffic congestion, noise, air pollution,ror traffic circulation conflicts, within the shared parking areas provided " ~. ~ Yee , Ns Y23`s ~~~ j2" } v ,: a '~ _ ~`~'~`'~ ~ s ~r rfj ,,,~ ~ T ~ ~ sC ~sai~~,'~'"t*x vl :nk d ~,~ s ~ °~ • r ~ ~P , ~' r~ as ~~~ . ~+ ~ 'z S`~',:~ ~~i~~~l~'!!~~[% ~yy{ +~~~1 rat t j~ ;,, ~ # ~{y, ~ `:ill ~( . S~ i~ 1 ;.,~~ k . y `~'t$ . d fit vim. E1 l 4 `~'~'f,-A K ~ ~ .y~ ' F `l. ~ }y~~ fl~ +5'~ ri j ~ ~ k 1 <I yy`'y.~,+~i Aal ~ ~ s ~La ~f ~, ~ lr`Fr' .i'¢ ~ar h ~~ } r' f"rv ~ ~., .,v .. u~~... Z.s.S %d. Q.y ,.~ f J~ ~.~ r i .. ~ m -: 'v M'ss'°-.'~ 4 ..., i g' ~ ` ~', ! ~~~ .1 View of the proposed church building (north elevation). (18) Code Enforcement Division. indicates that no violations are currently pending for this location and site inspections and the photographs indicate the property is being maintained in good condition. (19) The Commission may recall the workshop held In 2000, pertaining to;institutional uses such as churches in industrially-zoned areas. After extensive discussion,: the general consensus of the Commission'was that churches should generally be discouraged;from locating in predominately industrial areas. Although not a land use cohslderation, the importance of preserving the City's economic industrial base was also ofconcem. (20) Although this property is located in an'area zoned for industrial land uses, the site and other portions of the complex are developed with office and RED-type buildings. Further, adjacent to this'industrial;park to theivest (across Magnolia Avenue) are commercial retail uses. Because the complex is developed with office-type uses and is contiguous to retail development, staff feels that the proposed church would be compatible with surrounding uses. Therefore, staff recommends a royal of a church at this ocation. FINDINGS: (21) Section 18.06.080 of the parking ordinance sets forth the following findings which are required to be made before a parking waiver is approved by the Commission:' Page 4 Staff Report to the Planning Commission '.January 13`; 2003 item No. 13 (a) That the waiver, under the conditions imposed, if any, will not cause fewer off-street `, parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable tp such use under the normal and reasonably foreseeable conditions of operation of such use; and (b)'' That the waiver, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use; and (c) ' That the waiver, under the conditions imposed, ifany, will not increase: the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use; and (d) i That the waiver, under the conditions imposed, If any, will not increase traffic congestion within'the off-street parkingareas or lots provided for such use; and (e) That the waiver, under the conditions imposed, ifany, will not impede vehicular ingress to or egress from' adjacent. properties upon the public streets in the immediate vicinity of the proposed use: Unless conditions'to the contrary are expressly imposed upon the granting of any waiver;pursuant to this Section by the Planning Commission or City Council, the granting of any such waivershall be deemed contingent upon operation of such use in conformance with the assumptions relating to the operatiomand intensity of the use as contained in theparking demand study that formed the basis for approval of said waiver.: Exceeding, violating, intensifying or otherwise deviating from any of said` j -~ assumptions as contained in the parking demand study shall be deemed a violation of the express conditions imposed upon said waiver which shall subject`said waiver to termination or modificationpursuant to the provisions of Sections 18.03.091 andi 18.03:092 of this Code. (22) Before the Commission: grants any conditional use permit, it musE make a finding of fact that the evidencepresentedshows 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 aid use is not listed therein as being a permitted use; (b) That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located; (c) That the size and shape of the site for the proposed use is adequate to allow the full development of the proposed use in a'mannecnot 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'highwaysdesigned and improved to carry he traffic in the area; and (e) That the granting of the conditional use permit under the conditions imposed, ifany, will not be detrimental to the: peace, health, safety and general welfare of the citizens of the City of Anaheim.': RECOMMENDATION: (23) Staff recommends that, unless additional or contrary information is received during the hearing, and based upon the evidence submitted to the Commission, including the evidence Page 5 Staff Report o the Plahning Commission January 13,2003 Item No. 13 presented in this staff report, and oral and written evidence presented at the public hearing, the Commission. take the following actions: (a) By motion," aoorove a CEQA Negative Declaration. (b) By motion, aoorove the waiver pertaining o minimum numberof parking'spaces based on the findings contained within the parking study submitted by,the petitioner as described in paragraph nos. 16'and 17, of this report and that the City Traffic and Transportation Manager uponYeview of said parkingstudy has determined that there is an adequate supply of parking paces for the church and based on the following: (i) That the waiver,. under the conditions imposed, and based upon the'conciusions contained in the submitted parking demand stutly (as described in paragraphs (16) and (17) of this teport), would not cause feweCoff-streefparking spaces to be provided for the church in.conjunction with the reciprocal parking agreement with 2551, 2572 and 2584 Woodland Drive; and provided that the church`adheres to the hours of operation as conditioned herein. (ii) That the waiver, under the'conditions imposed, would not increase the demand and competition for parking spaces 3pon the public streets and adjacent private property in the immediate vicinity of,the proposed use. (iii) Thak the waiver, under the. conditions imposed, would not increase traffic congestion within the off-street parking areas or lots provided for such use. (iv) That the waiver,: under the'conditions imposed, would not impede vehicular ingress to or egress from adjacent properties, upon thejpublic streets in the immediate' vicinity of the proposed use. (c) By resolution, aoorove this request for Conditional Use Permit No. 2002-04640 (to permit a church within an existing industrial office building) based on the'following: (i) That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code in the: ML Zone:: (ii) That the proposed use would not adversely affeck the adjoining office and industrial land uses or restrict the growth and economic development of the area in which it is proposed to be ocated. (iii) That, as conditioned herein, the size and shape of the property is adequate to accommodate the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety, and'general welfare and with noslgnificant affects to adjoining properties. (iv) That, as conditioned herein, the traffic generated by this use would not impose an undue burden upon the streets and hjghways designed and improved to carry he traffic in the area because the church would operate during off-peak times. (v) That the granting of the conditional use permit even under the conditions imposed, would not be'detrimental to the peace, healttrsafety and generatwelfare of the citizens of the City of Anafieim. Page 6 Staff Report to the Planning Commission `January 13, 2003 'Item No. 13 THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS'CITY DEPARTMENTS ACTING AS AN INTERDEPARTMENTAL COMMITTEE AND'ARE RECOMMENDED FOR ADOPTION BY THE PLANNING COMMISSION IN THE EVENT THAT THIS PERMIT:ISAPPROVED. L That this use shalt expire on January 13, 2005. 2. That the hours of operation for the church shall be limited to he following and as stipulated in the petitioner's letter of operation: Sunday: Services: ` 9 a.m. to 11 p.m. Saturday band practice: 12 noon' 0 2 p.m. Monthly Monday Board meeting: r 7:30 p:m. to 9:30p.m. Tuesday through'Friday office hours: 8 a.m: to 5 p.m. 3. That no portable signage shall be utilized to advertise the church. Further, that signage shall be limited to one (1) wall sign.:: Any additional signs shall be reviewed and approved by the Commission as a "Reports and Recommendations" item. 4. That the only accessory school activity'shall be Sunday school and this facility shall not be used as a private daycare, nursery, elementary, junior'and/or senior high school. 5. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. 6. That no outdoor special events shall be permittatl. 7. That this project shall comply with the requirements of an "A3" occupancy, as set forth in the California Building Code, 1.998 edition and Uniform Fire Code. Said information shall be specified on plans submitted for Building Division and Fire Department approval. 8. That the adult congregation at any one time shallbe limited to 80 adults. If the number of congregates exceeds this number of members,. at any one time, the. petitioner shall then submit an updated parking study to'the Traffic and Trahsportatloh Manager for review and approval, prior to review and approval by the Planning Commission at a noticed public hearing. 9. That the property hall be permanently maintained in an orderly fashion by providing regular ..landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. 10. That 4-foot high address numbers shall be displayed on the roof in a contrasting: color to the roof material. The numbers shall not be'visible from the view of the street. or adjacent and nearby properties. Said jnformatioh shall be pecifically hown onplans submitted for Police Department, Community Services Division approval. 11. That the legal owner of subject properly shall prepare an unsubordinated covenant providing reciprocal parking for the church use for a minimum of 53 parking spaces. Saidcovenanfshall be reviewed and approved by the Traffic and Transportation manager and Zoning Division and in a form: satisfactoryto the City Attorney, hen recorded in the Office of the Orange County Recorder. A copy of the recorded covenant shallbe submitted to the Zoning Division. 12. That subject property shallbe maintained substantially in accordance with plans and + .:.specifications submitted to the City of Anaheim by the petitioner and which plans are on file with thePlanning Department marked Exhibit Nos,1'and 2 and as conditioned herein. Page 7 Staff Report. to the 'Planning Commission January 13; 2003 Item No. 13 13. .That priorio issuance of a building permit or prior to'commencement of the activity authorized. by this resolution, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 7, 10 and 71, above-mentionedshall be complied with. Extensions for ': 'further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 14. :That prior to final building and zoning inspections, Condition No, 12, above-mentioned, shall tie compliedwith. 15. .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 o compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 1 Page 8 ATTACHt1ENT - ITEM N0. 13 ~~ t f. Letter of ®peration Sunday Service Sunday morning Service Time: gam-1lpm 75 people Nursery - 5 children Band Practice Saturday morning Time: l 2pm-2pm 7 people Office Hours Tuesday thru Friday Time: $am-Spm 3 people ~Mpl~y~ Board Meetine First Monday of every month Time: 7:30pm-9:30pm 6 people }~2a},faS:~l~2~ cup r~o, .~~,,L - 0 4 ~ -; o a ITEM N0. 14 i Staff Report to the Planning Commission January 1$, 2003 item No'. 14 14a:' CEQANEGATIVEDECLARATION 14b WAIVER OF CODE REQUIREMENT 14b.?` CONDITIONAL USEPERMIT NO: 2002-04628 (Motion for continuance) SITE LOCATION AND DESCRIPTION: (1) This irregularly-shaped 7.7-acre'property is located south and east of the southeast oorner of Ball Road and Magnolia Avenue, having frontages of 373 feet on the south side of Ball Road and 560 feet on the east side of Magnolia Avenue (1216-1254 South Magnolia Avenue). REQUEST: (2) The petitioner requests approval of a conditional use permit under the authority of Code Sectiohs 18.03.030] 18:44:050:135and 18:44.050.330 to establish conformity with existing zoning code land use requirements for an existing commercialretail center and to permit a telecommunications antenna with accessory ground-mounted equipment with waiver of `maximum structural height within 150 feet of asingle-family residential boundary. BACKGROUND: (3) ?his property is developed with`an existing non-conforming commercial retail center built in 1958, anti's zoned'CL (Commercial, Limited). Thisproperty is located within the West Anaheim Commercial Corridors Redevelopment Prdject Area and the City. of Anaheim °GeneratPlan Land Use Element Map designates this property for General Commercial ..land uses.( (4) The petitioner, Jim Todaro, has submitted<a letter dated January 8, 2003„requesting a 'continuance to the January 27 2003, Commission meeting in order to revise plans.> RECOMMENDATION: (5) That the Commission, by motion, continue this item to the January 27, 2003, Commission ``meeting. Sr6516vn.doc Page 1 ATTACHMENT - N0. 14 ~C~NSULTING January 8, 2003 V anessa Norwood Planning Aepartment Anaheim City Hall 200 South Anaheim Blvd. Anaheim, CA 92805 Re: CUP 2002-04628 Ms. Norwood, I am requesting a continuance to the January 2Th' 2003, Planning Commission meeting on the wireless communications project for the Chia Market. This request is in response to the city's requirement for a complete site plan including both parcels and a parking space count. Please contact me if there are any questions concerning this project. Thanks for you help on this project. Sincerely, Jim Todaro CONDITIONAL USE PERMI°( NO ~~~ - cat-/G~d h __ ITEM N0. 15 CUP 3362 CUP 1700 CHANTICLEER RD v o= CUP 3362 CHURCH PARKING RS-7200 ~~ 1 DU EACH '~ 1' ur CL RS -A-03,0 00 4 61-62-26 ~ D! CUP 3362 ° a l °o l v RS-7200 1 DU EACH Q V-2266 vncA Ni i s > I 1 I 1 I I I CUP 932 62-63-33 ~ CUP 303 CUP 932 UJ V-1753 5 CUP 303 1 LU v-loos ~ ~ CONVALESCENT (n HOSPITAL ~ RS-A-03,000 J CUP 932 U ~ cL Lu so-sl-ss DENTIST CL I 69-60-25 RSA-43,000 I SHOPS ® I fi85'- CL 67-68-02 RS-7200 _ CUP 2729 1 DU EACH SM.. SHOPS CL 67-68-02 RS-7200 _ SM. SHOPS 1 DU EA CH CL ~ 67-68-02 ~ SUENA VISTA AVE Rsa2oo CUP 2002-041 V-3717 RS-7200 ': (V-3647 T) V-3717 (V-3575) (V-3464) .~ (V-2037) 1 Du RS-7200 L RS-7 V-2495 V-3", 1 DU EACH RS-7200 CUP 4160 R 6 DF 0 1 DU EACH ~ i 114' ~- CERRITOS AVENUE MELLS LN Conditional Use Permit No. 2002-04647 Subject Property Date: January 13, 20D3 Scale: 1" = 200' Requested By: TAP V PHI Q.S. No. 56 TO PERMIT AN ATTACHED GRANNY UNIT IN CONJUNCTION WITH AN EXISTING SINGLE-FAMILY RESIDENCE. 1643 West Cerritos Avenue !i 531 Staff Report to the ` Planning Commission 'January 13; 2003 Item No. 15 15a. ` CEQA CATEGORICAL EXEMPTION-CLASS 3 (Motion) 15b. r CONDITIONAL USE PERMIT N0 2002-04647 (Resolution) ` SITE LOCATION AND DESCRIPTION: (1) This rectangularly-shaped, 0.8-acre property has a frontage of 114 feet onI the north side of 'Cerritos Avenue, a maximum depth of 30Ti feet and is located 685 feet east of the centerline of Euclid Street (1643 West Cerritos Avenue). REQUEST: `_ (2) The petitioner requests approval of a Conditional Use Permit under authority of California fGovemment Code Section 65852.1 to permit an attached granny unit in conjunction with an existing single-family residence. BACKGROUND: (3) This property is currently developed with asingle-family residence, is zoned RS-7200 (Residential, Single-Family) and the Anaheim General Plan Land Use Element Map ; designates this property for Low Density Residential land uses. (4) Surrounding land uses are as follows: Direction Land Use Zoning l General Plart Designation All Directions Single Family Residences RS-7200 Low Density Residential < PROPOSAL: (5) .The petitioner requests approval to construct a 456 square foot, attached granny unit in conjunctioh with an existing 5,815 square foot single-family residence on a 34,412 square foot lot. (6) The site plan (Exhibit No. 1) Indicates that the granny unit would be attached to the rear :(north elevation) of the primaryresidence; The granny unit maintains aside yard setback of 1T/:feet and a rear yard setback of 1'10'/: feet. Code requires a minimum side yard setback of 5 feet and a rear yard setback of 10 feet.' (7) The floor plan (Exhibit No. 1) indicates that the granny unit would consistbf a bedroom, bathrodm end kitcfien. The main entry into the unit would be located on the north elevation of the building. Access into the unit would also be provided from the interior of the primary ;'residence: (8) The elevation plan (Exhibit No:;1) indicates the unit would be constructedof a wood framed ' :'stucco structure painted to match the existing residence. (9) Code requires a minimum of seven parking spaces (3-car garage spaces plus 3 uncovered spaces) for the single-family residence and one space (uncovered) for the granny unit. ?he site plan demonstrates no'difficulty providing a minimum' of 7 parking spaces (3 garage and 4 uncovered spaces) for botft'residences. Sr8507vndoc Page 1 Staff Report to the Planning Commission January 13,2003 Item No, 15 '' ,; i I ~~v Yi (!~~,F g ~ NV's, '"~js~`f,~.,,+ i~}r4tl F }~ jf~'r- ,z ~ rf~4- v~r K b ~L it ~i` fi ~y t I ~t : ~ ~ 1 c R~ 'y tr ~ i NR4~jN~ Kn'~. ~fR Sn d r r~ q;.u, ,YAe rJ'`, xrr,u~ '~~ a'^ ~ ~ y°' F# .~ Y~ q~: Lt ~{ ~ ~ j, ' 11i ' t M it n t 'L~ `.~t 4S ~°; `I{ ,n G r .~~ ~II ~ ,I ~Ir ~ ,>~~t, .C t ~~~1 al~ii ~ irl~'}~ ~ G(,f ~ ~ , m , [ ~ t , s ~ ~~ 2 ~ll~. N~i~~l~ f'~l(~~ ~,.. ~t, ~' p ~ zf ~, ~ ~~~ ~4ysax ~ ,~ atrt tr ~'«ti,~ f t F v-~t i ~. d/~/ a p ~l S, z~~ ~ ~ A~ ~ s~i~t ~ 4 I h~ "g tr~'~~7 4~( ~ T J~~ s Y"~. $W23 ~ ~~5+43 l Q 1 N e5 ~t~Wx n~~ "`~ *, fr "xy'~`~r~~~ ~~ " w~^c>~ ~~`v~'~ `~i ~., l ~ > ~ , ~ ~++ ~ ~ n~i ~ / .u rt f1p~ p yu aER.p: ~ "'S 3.c- z~ I ~ .i4 Y K "Nit (~'1~~~ Yµ~ ...xf`gr ' £~~ ~ +~'C~:,.j"x.~'." i.7~`3 ~t"'""~ f1 ~~'a ~:. `mil sz si"~!'Y'~'x ~'<:§S:i`~:'~a ~~1~171~. ~~~~~~yn~~~~'~~~~~~~~~~~!~~~~ ~~~~~~~~~~~~~~~~~~6~~~~~~~~~~~~~ I~~~~lll~li(r Ist~~ I~ ~~ °k(G,~,~ 1'pppgp 4 >:%. :; yxy~.. '"°'-°+~'s"'~tN Ee ~ : 5h ~G .` r- °u"xSraF Lri.'~ z. f ,:e: ~~ 5 ~"'~7 ry'S..~c &' C I ~v, ~N ~il. , t.+re~+ouiy~1Y,i~~31C~` ~~~~~` ~ +''+H>F"h~~ R'YUx~ 9s lcsvfr ~. 1 § ~'~~ .*1" ~ '~iri~ fi ~^4f ~ .¢'+~"-a~,; y~:~ X:~,~~,x ~~~a' ~is„rC ~?,~".rX -"'.~~" ~.sen~°t'. y.a=a Faa ~ 7f ' > -~ ,r ~: f '~r f 'R^ k"h~^2t ~ ~,~N'u+ ~,}' ~- N I iYf9` d+ d- 44 Y 3"` -. ~' ~ ~,~`~Yzfez,~~r r r t .. , .~ ,.,.. ,.-'.~f,~* ~~ s~~.,n-.;-1 s,~.., rz a ~ , . ;+ ,~ ~., s :. .r5 ~ '~.'~ ~ ~ ~~;~ art "s fc ~~ Sr~''kY ~~'er. ~'~L rn ' r k~ "' mPb`` ~ y,~, z f~ "~h,a, Ya q ty". r.§ `da',~~r°~~ ~ ~~ "~ ~.. r:a ,.... ,. a. ..., ,,. ,.. .aY. -.~-_.~ South Elevatiort of Existing Residence (10) The' petitioneEindicates that he and!hls wife will reside in the second unit. EN~/IRONMENTALIMPACTANALYSIS: (1'1) The Planningpirector's authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15303 (a), Class 3 (New Construction or Conversion of Small Structures), as defined in the State CEQA Guidelines and is, therefore, exempt from preparing additional environmental documentation. GROWTH MANAGEMENT ELEMENT ANALYSIS: (12) Theproposed project has been reviewed by affected City departments to determine whether it conforms with the City's'Growth Management Element adopted by he City 'r Council on March 17, 1992. Based on City staff review of the proposed project, it has tieen determined that this project does not fit within the scope; necessary orequire aGrowth'- Management Element analysis, therefore, no`analysis has been performed. EVALUATION: (13) Granny units are permitted in the RS-7200 Zone subject to the approval of a conditional use permit under authority of California Govemmenf Code Section 65652.1.' The referenced Code section further specifies that the second unit must be intended for the sole Page 2 Staff Report to the Planning Commission January 13 2003 Item No. 15 occuoancv of one or two adults who are 62' years of age or over, and that the floor area for 'the attached dwellingbe limited to a maximum of 30;percent of the primary residence (1,745 square feet). Plans indicate that theisize of the proposed' attached'granny uniE is 456 feet with one bedroom. (14) Currently, the State Code provides that when a local agency has' not adopted an ordinance governing second units (as in Anaheim's case), it hall grant a conditional use permit(for he same if it complies with all of he following: The unit is not intended for sale and may be rented. This unit is conditioned to remain as an accessory structure to the primary residence and further condftioned not to be rented. The lot is zoned for single-family;or multi-family use. ® The lot contains asingle-family dwelling and is zoned RS-7200. The second unit is either attachetl to the existing dwelling and located within the living area of the existing dwelling or detached from the existing dwelling and located'on the same lot as the existing dwelling. ® The proposed unit is attached to the existing dwelling and located on the same lot as the existing single-family residence. The floor area of a detached second unit shall not exceed 30 percent of the existing living area (30% of 5,815 square feet= 1,745 square feet). The total area of floor space for an `attached second unit shall not exceed 1,200 square feet. o The proposed floor area of this attached unit is 456 square feet. Requirements relating to height, etback, lot coverage, architectural review, site plan. `review, fees, charges: and otherzoning requirements'generailycpplicable to residential 'construction in the zone in which the property is located. The proposed unit meets City Codes relating to height, setback and lot coverage. Wfth regard to architectural design, the City: does not have a formal design review process but the unit is proposed to architecturally match the existing residence including roof materials, stucco and color. Local building code requirements which apply to detached dwellings, as appropriate:' o Although this unit has not yet been reviewed through a plan check process,by the Building Division, plans showing compliance with Building Codes would be' necessary prior to issuance of a'6uilding permit. Approval by the local health officer where a private sewage disposal system is being used, if required.:. This residential area, including the existing residence is serviced by a public sewersystem. The granny unitwould also use the public sewersysfem. Page 3 Staff Report to the Planning Commission January 13 2003 Item No. 15 rr (15) State legislation, effective July 1, 2003, will provide thaEsecond units, Including granny:' units, be approved by right provided they meet requirements of the State Code; or alternatively that a jurisdiction has adopted an ordinance and development standards regulating second units.; The City of Anaheim is currently in the process of creating developmenfstandards for these units via the zoning code update: (16) The current State Code has established maximum standards that local agencies shall use to evaluate proposed second units'on lots zoned far residential use which contain an existing single-family dwelling. Tfte State Code explicitly states that no additional standards other than those outlined by the State shall tie utilized or imposed with the exception that the local agency may require the applicant to be an owner-occupant. The State Code further states that no other local ordinance, :policy, or regulation shall be the basis far the denial of a'building permit or a use permit authorized'by State Code. (17) This proposal meets all requirements established by State Code and the sitedevelopment standards of the RS-7200 Zone. (18) Staff has included conditions of approval requiring the property owner to occupy the premises to prevent the property from becoming a rental unit and'an age restriction for the occupancy of the second unit. (19) The following are previous requests for granny units that have been considered by the Planning Commission: CASE NO. AND ZONING SIZE OF 'APPROVED PC ACTION CC LOCATION UNIT WAIVERS ACTION CUP2002-04579'. RS-7200 - :896 Denied N/A 733 S. Euclid'Street CUP 2002-04528 RS-7200 < 796sq. ft. Min. side and7ear Denied Denied 1190: N. Che tans erd setbacks! 8/8/02 CUP2001-04487 RS-7200 ' 630"sq. ft. Min. side and rear Denied 1/14/01 N/A 1134 N. Boden'Drive erd setbacks' CUP 2001-04362 RS-7200(SC) 619 - Approved 6/01 N/A 121 N. Jerrilee Lane CUP 2000-04259: RS-7200 706 sq. ft. - Approved N/A 1590 W. FIi en Wa `11/00 CUP 3611 RS-5000 537`sq. ft Min. no. of parking :Approved N/A 217N: Emfl Street s' aces 8/93 CUP 3427 ; RS-5000 7565q. ft. :Max. no. of ;Approved NIA 724 N. Topeka Street .bedrooms antl min. 7/91 side and CUP 3396 RS-7200: 630 sq. ft. - Approved N/A 628 S Westchester 3/g1 Drive:; CUP 3256 RS-10,000' 300 sq. ft. Min. side yard' Approved N/A ` 547 N'. Janss Street 3/90 CUP 3196 RS-7200 640 sq. ft. Min. no. of parking 'Approved N/A 3118 W. Polk Avenue s aces x9/89 CUP>3164 i RS-7200 630 sq. ft. - 'Approved N/A 2549'. W: Eole Ddve i 8/89 CUP 3175 RS-7200 630 sq, ft. - ,:Approved N/A 1319 N. Co Terrace ':7/89 CUP 3141 RS-5000 427 sq. ft. Min. rear yard Approved N/A 307 E: C ress Street setback 8/89 CUP 3130 RS-5000 360 sq, ft. Approved .Approved 319 N: Olive Street 6/89 Page 4' Staff Report to the Planning Commission 'January 13, 2003 Item No:15 :CASE NO. AND ZONING SIZE OF APPROVED PC ACTION CC LOCATION ..:UNIT' .WAIVERS pCTiON CUP 3177 RS-7200 631 sq. ft. - i Approved r N/A 1403 Trenton Drive ':.1/89 CUP 3078 c RS-7200 634 sq. ft. - Denied Denied 701 S. Lemoh Street 'modular 11/88 cCUP 3073 RS-7200 640 sq. ft. -, - ..Approved Approved 1194 W. Lomita Place i 11 /88 'CUP 3067 RS-A-43,000 536 sq. ft. ;Min. side and rear ;Approved Approved ' :1515 E. Broadwa and setbacks 11/88 "CUP 3043 RS-7200 ` 504 sq. ft. Min. side and rear °Approved N/A .1223 S. Walnut Street yard setbacks, min. ' 9/88 no. and type of arkin spaces CUP 3040 RS-7200 :640 sq. ft. :Min. no.'and type of 'Approved N/A 913 S. Ira Court arkin s aces 8/88 CUP 3027 RS-10,000 440 sq. ft: Mih: rear yard Approved _ Approved 817 W. NorthStreet etback 8/88 CUP 2968 - RS-5000 .630 sq. ft. Min. fronf,yard and Approved N/A 703 S. Phiiadelphia min. floor 1/88 Street area/dwellin CUP 3009 RS-7200 640 sq. ft. - Approved - Approved :503 S. Vicki Lane i` 6/88 i CUP 2873 RS-7200 266 sq. ft. Min. structural and Approved N/A +325 N. New Avenue and re uirements 1/87 CUP 2875 RS-7200 :809 sq. ft. ' 'Min. structural Denied Denied i514N.Ze nStreet 'setback i 3/87 CUP 2883 RS-720D :628 sq. ft. Min. rearyard Approved Approved 630 N. Clementine setbackand max. 1/87 r Street rear and covere e CUP 2778 RS-7200 504 sq. ft. Max. lot coverage, Approved s NIA 911 N. DlckefStreet min. structural ;4/86 setback and yard re uiremehts. CUP 2769 RS-A-43;000 631 sq. ft. " - !Approved.. N/A 1881 W. Chateau ' ' 3/86 Avenue CUP 2740 RS-5000 450 sq. ft. Min. no. of parking Approved N/A 608 S. Philadelphia spaces 11/85 Street CUP 2654 RS-7200 464 sq. ft. Max. lot coverage Approved - N/A B37 N. Dicke) Street 1/85 .CUP 2558 RS-7200 608 sq. ft. ; Rear yard setback Approved: N/A 2121 N on Place 5/84 "CUP 2552 RS-7200 304 sq. ft. p - Approved Approved: :3430 W. Brad Street ' 6/84 CUP 2453 " RS-7200 520 sq. ft. s' - Approved- Approved :1232 W. Romneya 9183 brive CUP 2423 RS-7200 707 sq. ft. Min. number and Denied < Denied:. .:1317 S. Claremont # type of parking 5/83 Street s aces : FINDINGS: (20) Before the Commission grants any conditional use permit, it must make a finding of fact that the evidence presented showsthaf ail of the following conditions exist: Page 5 Staff Report to the Planning Commission January 13(2003 Item No. 15 (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 rrot adversely affect the adjoining land uses and the growtfi'and development of the area in which it is proposed to be located; (c) `, That the size and`shape of the site for the proposed use is adequate to allow the full development of the proposed use in a manner not detrimental to theparticular 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. .RECOMMENDATION: {21) Staff recommends that unless additional or contrary information is received during the meeting, and"based upon the evidence submitted to the Planning 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, determine that the project is a Categorically Exempt, under Section' 15303, Class 3,'(New Construction o[ Conversion of Small Structures) of the CEQA Guidelines. (b) By resolution, a_ porous Conditional Use Permit No. 2002-04647 (to permit a 456 square foot attached granny unit in conjunction with an existing single-family residence) based on the following: ` (i) ` That the proposed`grannyunit is properly one for which a conditional use permit is authorized by the Zoning Cotle and under California Code Sectioh'tiS852.1; (ii) That the proposed granny unit as conditioned herein, would not adversely affect the adjoining land uses: and thegrowth and"development of the area in which it is proposed to belocated because it is integrated into the primary'residence'and constitutes a small increase to the overall floor area of the structure; (iii) That the size and shape of the site for the proposed granny unit is adequate to allow the full development of the granny unit without the need for waivers and in a manner not detrimental to the particular'area nor to the peace, health,safety, and general welfare; (iv) That the traffic generated by the proposed granny unit will not impose an undue burden upon the sVeets and highways designed and improved to carry the traffid' in the area; and Page 6 Staff Report to the Planning Commission January 13; 2003 Item No: 15 (v)` Thafthe granting of the conditional use permit under the conditions imposed will not be detrimental to the peace, health, safety and general walfare of the citizens of the City ofAnaheim. - THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS AN INTERDEPARTMENTAL COMMITTEE AND ARE RECOMMENDED FOR ADOPTION BY THE PLANNING COMMISSION IN THE EVENT THAT THIS PERMITJS APPROVED. 1. That the legal owner of subject property shall restrict the occupancy of the'second unit to one (1) or two (2) adults, both of whom are sixty (62) years of age or older, and shall specify that no rental fee r shall be charged for occupancy of the second unit and, furthermore, shalt record an unsubordinated oovenant against the property so-restricting the occupancy of said unit. Said covenant shall be submitted to the Zoning Division for transmittal to the City Attorney's office for review and approval :.prior to recordation. `A copy of he recorded covenant shall be submitted to the Zoning Divisiortr 2. That the legal owner of the subject property shall occupy either the primary single-family residence or the second'(granny)'unit. The second unitshaU be accessory to the primary residence on the lot. An unsubordinated covenant against the property so restricting the`occupancy of said unit shall be recorded. Said covenant maybe incorporated into the above-referenced'(Condition No. 1) covenant and shall tie submitted to the Zoning Division for transmittal to the City Attorney's office for review and 'approval prior to recordation. A copy of the recorded covenanYshall be submitted to the Zoning Division. 3. That within'a period of one (1) year from the date of this resolution, and annually on the anniversary 'date thereafter, the egal ownerdf subject property shall submit a signed affidavit that the property owner and'any occupant of the'granny unit are in compliance with all conditions of this conditional ruse permit, including those concerning occupancy. ,The affidavit shall be submitted to the Zoning Divisioh of the Planrting Department. 4. 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 dh file with the Planning Department markedExhibit Nos. 1 and 2, and as conditioned herein. 5. That prior to issuance of a building permit; or within a period ofbne (1) year from the date of this Yesolution whichever occurs first, Condition Nos. 1 2, and 3;a6ove-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 1 13:03.090 of3he Anaheim Municipal Code. 6. That prior to final building and zoning inspections, Condition No. 5 above-mentioned, shall be aompiied with. 7. That approval of this application constitutes approval of the proposed request only to the extent that it `complies with the Anaheim Municipal Zoning Code ahd 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 ortlinance, regulation or requirement. Page 7 ITEM N0. 16 RIVERSIDE FREEWAY CL(SC) 85- fi-17 78-79-22 T-CUP 2000-04206 CUP 3335 CUP 2750 VAR 3878 HANFORD HOTEL Q c ~U` ° ~~~F w MgR cL;sc) h gyeNV 95 0 RCL 617 68-55 ~ F RCL 68{ 2 CL(SC) RCL 65-6fi-77 RCL 55-06-17 VAR 2027 RCL 73.7425 ~ ' RCL 64-65-90 RCL 65-66 17 J S 1 DU EACH RCL 69415-90 CUP 2001-04428 CUP 2001-04406 CUP 2002-04564! CUP 2000-04241 CUP 4070 T-CUP 2000-04200 CUP 3767 CUP 4067 CUP 3766 CUP 4021 O( CUP 3178 } CUP 3747 ~Sg Q ~ Nl CUP 1927 g CUP 3672 gN q ° ~ ~ U' qNy VAR 4373 ~` ~ CUP 322 ~ el. jsc) ON VAR 3774 RS-A-03,000 (SC) Q -: RCL 73-74-25 CUP 2892 . RO VAR 3497 _ = CUP 3219 CUP 2244 , RCL 65.66-17 ~ qp U ' J VAR 4222 P 1927 BANK POST OFFICE RCL 65{6-17 C Q -CUP 2002-04584 CUP 1974 REST. Q VAR 4209 0 CUP 4070 VAR 4315 - ~~ -~ ~~ ~ VAR 2310 Z CUP 3787 VAR 4173 I CUP 2002-04643 W VAR 2948 W CUP 3766 VAR 3774 SPT 9&04 0 CANYON PLAZA > CUP 3118 VAR 3497 - _ SHOPPING CENTER Q IMPERIAL PLAZA ~ .;SHOPPING CENTER too' SANTA ANA CANYON ROAD CL (SC) GUP 3564 CL (SC) RCL 71-72-7 CUP 3532 RCL 82-83-5 RCL 85-66-17 CUP 3470 CL(SC1 RCLfi5-66-77 RCL 64-65.84(1) CUP 3433 RCL 64-65$4 (2) VAR 3031 S RS-A-03 000 RCL 6465.64 T-CUP 2001-04472 CUP 3244 , VAR 2001-04430 S CUP 3862 CUP 1450 VAR 2874 CANYON HIGH VAR 3696 CUP 3769 VAR 4062 VAR 2672 SCHOOL CUP 3574 VAR 2263 OFFICE BUILDING ADJ 0041 CROSSROADS REALTY OFFICE SHOPPING CENTER i I Conditional Use Permit No. 2002-04643 Subject Property Date: January 13, 2003 Scale: 1" = 200' Requested By: JOSEPH T. KUNG O.$. No. 185 REQUEST TO PERMIT AND RETAIN A MASSAGE BUSINESS IN AN EXISTING BEAUTY SALON. 5579 East Santa Ana Canyon Road -Alexander's Grand Salon 6zs Staff Reportto the Planning Commission January 13; 2003 Item No. 16 16a, CEQA CATEGORICAL EXEMPTION- GLASS' 1 (Motion) 16b CONDITIONAL IJSE PERMIT N0 2002-04643 (Resolution) SITE LOCATION AND DESCRIPTION: (1) ? This irregularly-shaped 5-acre property is located at the northwest corner of Santa'Ana Canyon Road and Imperial Highway with frontages of 700 feet on the horth side: of Santa Ana Canyon Road and 500 feet on the west side of Imperial Highway (5579 East Santa Ana Canyon Road, Suite 102-Alexander's Grand Salon). REQUEST: (2) The petitioner requests approval of a conditional use permit under the authority of,Code Section 18.44.050.040 to permit and retain a massage business within an existing beauty alon. BACKGROUND: (3) ,This property is developed with an existing, two-story 56,010square foot commercial retailloffice center and is zoned CL (SC) (Commercial Limited, Scenic Corridor Overlay). The Anaheim General Plan Land Use Element map designates this property for General Commercial land: uses. (4) : Surrounding land uses are as follows: ~ w' r~'" r D~ec6ort "' ± „~ x~r a r ' f m` -x" LandrClse~ ~~ ~ ~~ u' ~ +~"' ~ r Zoning ~, =~ ?, Genef~l Plare ~ .l`5 f £ ~ i ~ ~ z'r ^; 'a'te k.~' ~~` .,~=s ~ t :3''d1h45~ ~ i ~~G ~i ~ , ,"~ t'w *s+~' t ` f } i b ' . Desl na6 on. .,....v.M x..+ f ..z-.a~ JL J„s. ,. , iA~ %r.h 2 S ..~ :.North across. Old Single-Family Residences RS-7200 (SC) Hillside Low-Density Santa Ana Canyon Residential Road East, across Commercial Retail CL {SC) General Commercial Im erial Hi hwa Sho in Center Sduth, across Santa + 'Commercial Retail CC (SC) General Commercial! Ana Can ort Road Sho in Center West, across U.S. Post Office and' Single- ' RS-A-43;000 (SC) > Hillside'Low-Density Avenida Margarita Family Residences and RS-7200 SC ' Residential All properties are located within the Scenic Corridor Ovaday Zone. PREVIOUS ZONING ACTIONS: (5) The following zoning actionspertain to this property: (a) Conditional Use Permit No. 4070 (to establish conformity with existing zoning code land use 'requirements for an existing 55,557 square foot, 45 unit commercial center and to permit massage services within an existing 5,565square foot full-service beauty and skin care spa located within the same commercial center) was approved by the Commission on October ' 26, 1998. (b) Variance No. 4315 (to waive maximum number of wall signs to construct. three (3) wall 'signs -proposed at 5625 East Santa Aha Canyon Road) was approved by the Planning Commission on November 18,,1997. (c) Conditional'Use Permit No. 3767 (to permit a subdivision of space within ah existing ': >shopping center to allow for individual office suites) was approved by the Commission on May 31,.1995. (d) Variance No. 4173 (to waive the permitted`number of wall signs [one permitted; three proposed] to permit a 56 squarefioot wall sign) was approved by the Zoning Administrator on March 12,:1992. \\'' ~V ~ ~` (~ ~V' ~ Page 1 ~ ~ Staff Report to the Planning Commission January 13, 2003 Item No. 16 (e) Conditional Use Permit No'. 3118 (to permit the tlivision of a tenant space within an existing shopping center) was approved by the Commission on January 30, 1.989. (f) Variance No. 3774 (to waive minimum number of parking spaces (362 parking spaces required; 245 parking spaces approved) to permit a restaurant af5595 East Santa Ana Canyon Road -Dominos Piaa) was approvedby the Commission on April 11,'.1988. (g) Conditional Use Permit No` 2892 (to permit sales of alcoholic beverages for on-premises consumption within an existing restaurant at 5555 East Santa Ana Canyon Road -Mandarin Taste) was approved by the Commission on February 18,"1987. (h) Variance No. 3497 (to waive minimum number of parking spaces [303 spaces required; 244 approved] and minimum tahdscaped'setback to,expand an existing commercial center) was approved by the City Council on September 24,:!1985, following approval by thee. Commission. (i) Conditional Use Permit No; 1927 (to permit on-premises sale and consumption`of alcoholic beverages in a proposed restaurant with waiver of minimum number of parking%spaces'[237 parking spaces required; 205 parking paces proposed] at 5665 East Santa Ana Canyon'.. Road `- Don Jose's) was approved in'part (denying the waiver) by the Commission on January 3, 1979: (j) Conditional Use Permit No: 1914 (to permit on-premises sale and consumption of alcoholic beverages in a proposed restaurant at 5665 East Santa Ana Canyon'Road -Don Jose's) was approved by the Commission on'November 20, 1979.:: PROPOSAL: (6) .The petitioner proposes to establish a massage facility within an existing,10,369 square foot beauty salon/day spa. The site'plan (Exhibit No. 1) indicates the location of the existing beauty :.salon on the second floor of an'existing two-story office/retail building. (7) The Floor plan (Exhibit No. 2) indicates a beauty salon with a reception area, retail area, waiting area, office, lounge, Yestrooms fountain styling stations, drying stations,'shampoo area, and manicure/pedicure area. The plan further: indicates a massage;area in the rear of the facility with '6 massage/spa rooms, a shower area, changing room and restroom. (8) The elevation renderings (Exhibit Nos. 3, 4 and 5) indicate atwo-story office/retail building with a stucco finish, storefront windows, a balcony and parapet roof: No exterior modifications to the existing building are proposed with this request. Page 2 requested. The fo f~y~~ ~~ ~ ~~ ~ "~=~MYYre~$$ 0r1aI1 ~'1 ~~ ',,~~ ~rf~~~~~~t~~ w.ti`~.. M` :Unit 5555 llowing' is a tenant ~ ~~~~~~~~ E-~w USQ-xyt,'~, a .~~~'~~ x,~..~*~ ~ ^` list of all existing tenants wtthin.the c ~7`0~~1 ~yuarp~> ~~F!arkl~9 ~atiao~~ ~si 3. X rs ^~s'" r -~~Fee~~~ ~~ ~ e~`y1b00sfj ..~~J. ~ SJ.. enter:: ~~~~ Parking` ~"" l^ ~x, ~`"Requlred ;~ yr~Y ... ,K IS..nq Mandarin`Taste ..Restaurant 4,050 8 32 Unit 5557 Smoothies Retail .1,440 5.5 8 + Campitelli Cookies :: Retail 1;440 5.5 8 Oenise Hauk Hensley;: .:Service 1',580 5.5 9 Richard Houston .:,.Office 1206 4 1 SMD Financial .:.Office s 966 4 ': 4 Innovative Product :Office 504 4 2 Armand Thurston Office 999 4 1 ;,Tom Beitlec; Office 439 4 2 Cari Gottuso Office 199 4 1 Carol Knowlton Office 240 4 1 Mo'i Fakourfar `Office -199 4 1 Innovative:: Product > Office > 294 4 1 Karen Siegler Affice =::356 4 1 Innovative Product 'Office 336 4 1 Page 3 Staff Report to the Planning Commission January 13, 2003 Item No. 16 z ~ Adrlressll'enarit~'~ r ,rte Y vs+ ~~~ sir„ .~.~,. Andrew Vander Zwaap ~ " ~~~ s ""~~ Use a ~~ 2 dP'sJ'Z~ ~~.H.~ ~~bf Office: ~1`ota~ S uaRe~ ~ ~ ~ q ?/'y ~h ..+~i~ ~~Feet..w~ 199 Parking Raho~ .'t 1 ~~R~tah,000~f;~ 4 ~-~ >: Pa~kmg .a .: . ~Requued, 1 Innovative Product Office 263 4 1 Unit:5565 Hillside Cleaners Service 1,875 r 5.5 i 10 ;.Unit 5567 Taekwondo Service 1,875 , 5.5 <10 Unit 5569 Palm readin Service ! 1,436 5.5 8 Unit 8573 Sylvan Learning Center Service 3,159 ' 5.5 17 Unit 5577 Edward Jones Office 944 ! 4 4 Dr She Office 166 i 4 ! 1 s Units 5571-83,.5587 Alexander's!Salon Service t 10,369 5.5 57 Unit 5581 Doris Fraiser Office 355 4 1 Real Office 232 4 1 Drr Warren Office ,; 247 ' 4 =1 SINS Services'` Office r 278 4 1 Sesko Office 262 4 1 Management > Office 177 4 1 Vandon Office: 208 4 1 Unit+5585 Minute Press Printing Service ! 1,126 5.5 6 Real Office. 905 4 4 UniY5589 Interior Design's Office r 1,758 4 7 Unit'S591 : Dentist Office ` 1,221 6 7 `Unit 5593 Allstate Insurance Office 955 4 4 Vacahc Service 479 i 5.5 3 Unit 5595 Domino's Take-out Service " 1,155 < > 5.5 ; 6 Unit5597 Travel Galle Office 848 4 3 Unit 5599 Td O Nails Service 800 ; 5.5 4 Unit 5625 Wells Far o Bank: t 6,000 5 30 Unit 5665 Dort Jose's Restaurant 6,270 8 50 Total 56,010 r 313 Page 4 Staff Report to the Planning Commission January 13,2003 Item No. 16 (10) The petitioner has submitted the attached letter of operation indicating the hours of operation would be Tuesday through Thursday;8 a.m. to 10 p.m., Friday 8 a.m. to 9 p.m., and Saturday 7 a.m. to 7 p.m. with 54 full and part time hair stylists, 17 assistants and 6 manicurists. The letter further`states that massage herapy is+proposed at this facility in order to provide clients with full-service skin care and spa services in conjunction with the existing hair salpn business. The massage service is equipped to provitle manual'manipulation, hot and cold relaxation treatments and ultrasound for deepermuscle therapy. The petitioner has indicated the current lease for the business continues through 2014. (11)' Landscape plans'were not submitted as part of this proposal. However a site inspection revealed a 25 foot wide: planter adjacent to Santa Ana Canyon Road and a 27 foot wide planter adjacent to Imperial Highway. Landscaping is also provided throughout the parking lot. (12)' Sign plans were hot submitted as part of this request. However, a site inspection revealed a total of four(4) wall signs for this business: Code permits a single wall sign for each business not to exceed ten percent of the storefront area. ENVIRONMENTAL IMPACT ANALYSIS: (13)` The Planning Director's authorized representative has determined that the proposed project falls within the definition of Categorical Ezemptions;;Section 15301, Class,l (Existing Facilities), as defined in the CEOA Guidelines and is, therefore, exempt from the requiremeht o prepare additional environmental documentation. GROWTH MANAGEMENT ELEMENT ANALYSIS: (14) The proposed project has been reviewed by affected City departments to determine whether it conforms with the City's Growth Management Element adopted by the City Council on March 17, 1992: Based ort'City staff review of tfie proposed project, it has been "determined that this'project does not fit within the scope necessary to require a Growth Management Element analysis, therefore, no analysis has been performed. EVALUATION: (15) Anaheim Municipal Code Section (AMC) 4.29.050(1) requires that any massage facility not under the supervision of a medical doctor be required to obtain a massage'permit, and a license: is also required for each massage: technician employed by the petitioner (AMC 4.29.080(b)). Massage establishments are permitted in the CL (SC) Zone subject to approval of a Conditional Use Permit. (16) .The Commission may wish to note that the subject property is located within the Scenic Corridor Overlay Zone, and the sign ordinance would only permit one (1) wall ign for this business, even if a separate independent operator is established within abusiness.Site inspections have confirmed that four (4) wall signs currently exist for this tenant. Although two (2) of the wall signs have: been Issued permits,`each permit was obtained under a separate address without ahy indication on submitted plans that additional wall signs were previously approved for the tenant space. On May 5, 2000, Sign Permlf No. 2000-00087 was; issued and approved for 5579. East Santa Ana Canyon Road by the Zoning Division with the contingency that only one wall sign was permitted. On .May 25, 2001, Sign Permit No. 2001-00084 was approved under the address 5573 East Santa Ana Canyon Road. Staff has not been able tolocate a permit for the third wal~aign, and the advertising on the?canopy does not require a signrpennit. If the Commission should wish to grant this request, staff. recommends a condition of approval that only one (1) wall sign'be retained for the business consistent with code requirements. ;Page 5 Staff Report to the Planning Commission January 13, 2003 Item No. 16 (17) The Anaheim Police Department has submitted the attached memorandum, datedbecemtier, 6, 2002, indicating no opposition. to the request. The location is within Reporting District No. 1339, .which has a crime rate of 47 percent below the City'average. The Reporting District to the north has a crime rate of 22 percent above the City average and the Reporting. Districts to the south, east and west all have Reporting Districts below the City average. From:.December2001 to ?' December 2002, this location has had four (4) calls for service consisting of 1 vandalism, 1 iannoying'or threatening phone call, 1 burglary alarm, and 1 disturbance call. (18) `Staff inspections have confirmed that this business is a clean and well-maintained beauty and skin care;spa and recommends approval of the request to provide massage services within this iexisting business. FINDINGS: (19) Before the Commission grantsany 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 io be located; (c) That the size and shape of the site for the proposed use is adequate o allow the full development of the proposed use in a manner not detrimental to the particulararea 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; antl (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 Citybf Anaheim. RECOMMENDATION: (20) Staff recommends that, unless additional'or contrary information is received during he 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 hearing, the Commission take the following actions: (a) By motion, determine that the projectis categorically exempt under Section 15301, Class;l (Existing Facilities). of the CEQA Guidelines. (b) By resolution, approve Conditional Use Permit fJo. 2002-04643, to permit a massage business within an existing salon based on the following: (i) 'That the; proposed massage facility is properly one for which'a conditional use permit is authorizetl in the CL (SC) Zone. (ii) That the.: proposed use will be established In swell-maintained beauty and skin care spa and will not adversely affect the adjoining land uses and the growth `` and development of the area: (iii) 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 since no Page 6 Staff Report`to the Planning Commission January 13,2003 Item No, 16' expansion of building area or substantial intensification of use is proposed within thisexisting commerciafcenter. (iv) 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 since the proposed massage use will be located within an existing full- service skin and hair care facility. THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS AN INTERDEPARTMENTAL COMMITTEE`AND ARE RECOMMENDED FORADOPTION BY THE COMMISSIONsIN THE EVENT THAT THIS PERMIT ISAPPROVED. 1. That the massage. therapy operation shall be permitted onlyas an accessory use to the beauty and skin care spa. 2. That male and female massage clients shall not be served simultaneously, and that separate massage scheduling shall be arranged to ensure compliance with Anaheim Municipal Code Section 4.29:060 (g). 3. That, as stipulated by the petitioner, the hours of operation shall be limited to Tuesday through Thursday 8 a.m: to 10 p.m. Friday 8 a.m. to 9 p:m., and Saturday 7 a:m, to 7 p.m. 4, ! That employees providing massage therapy shalt be required to wear uniforms and photo identification cards during businesshours. 5. That all records of treatment shall be maintained on the premises for one (1) year and shalt be made. available for Inspection by any authorized Ciry official:: 6. That the interior of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the: appearance and conduct of alfpersons inside the premises. 7. That all'employees shall abide by Anaheim Municipal Code Section 429.060 pertaining to operating requirements for a massage: establishment. 8. That no alcoholic beverages shall be sold or consumed on the premises. 9. That 4-foot high address numbers shall be displayed on the roof in a contrasting color to the roof material. The numbers shalt not be visible fromthe view of the streefor adjacenfproperties: Said information shalj`be specifically shown`on plans submitted Police Department, Community Services Division approval. 10: That the signage for the salon be limited to one (1) wall sign as permitted by code for Scenic Corridor Overlay Zone, That the remaining three (3) signs shall be removed prior to operation of the massage business, 11> 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 ExhibitNos. 1, 2 3, 4 and 5 and as conditioned`herein. 12: That prior to the commencement of the activity authorizedby this resolution, or prior to final building and zoning inspections, whichever occurs first, Condition Nos: 6, 9, 10 and 11. 13: That approval of this application constitutes approval of theproposed 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 actionor findings as to compliance or approval of the request regarding any other applicable ordinance; regulation or requirement. Page 7 ATTACHIIENT - ITEM N0. 76 City of Anaheim POLICE DEPARTMENT DATE: December 6, 2002 TO; Amy Vazquez FROM: Sergeant Thomas J. Smith Vice Detail SUBJECT: Conditional Use Permit 2002-04643 LOCATIORI: Alexander's Grand Salon and Spa Sandra Morse 5579 East Santa Ana Canyon Road Anaheim, CA 92807 The Police Department has received an I.D.C. Route Sheet for CUP 2002-04643. The .applicant is requesting to permit a massage establishment within a salon. The location is within Reporting District 1339, which has a crime rate of 47 percent below average. The Reporting District to the north is 1239 and has a crime rate of 22 percent above average. The Reporting District to the south is 1439 and :has a crime rate of 54 percent below average. The Reporting District to the west is 1338 and has a crime rate of 87 percent below average. The Reporting District to the east is 1340 and has a crime rate of 89 percent below average. From December 2001 to December 2002 there have been 4 calls for service to this location. The calls consist of 1 vandalism, 1 annoying or Threatening phone call, 1 burglary alarm call, and 1 disturbance call. The Anaheim Police Department does not oppose this request by the applicant provided all the requirements of Anaheim Municipal Code chapter 4.29 are met, Please contact me at extension 1461 if you require further information. f:\home\tgovemale\2002-00141 Relating Massage.doc ITEM N0. 17 1 Du RS-A-43;000 1 DU RM-2400 RCL 77-78-12 APARTMENTS i ) RS-A-03,000 1 DU _... -..._.. RS-A-03,000 I / I 1 VACANT mm aq .~-r; f-' RCL 77-76-16 RS-A-43,000 CUP 531 a o ~ ~ °v °"R m+p w m w p o .- m ~ ~"m`-Up.. o o+~p ~ ra ~~<: U VAR 3419. APTS. RM-1200 RCL 84-8632 RM-1200 RCL 73-74-29 CHURCH ~mj=' ~J~.QQN ~ VAR 3467 VAR 2668 R ~ U U U o: U U> °o m CL APTS. APTS. 1 ~~ K oTy RGL 6364_739 ~ 126 ~ 4~ BALL ROAD CL „^~ RCL 63.64-136 m uy RCL 66-57-36 CUP 660 '- 2 S U o U SHOPPING CENTER/ N UOIIOR TORE f j CL p ~ p RCL 66-57-36 p oU O rW W ~~ J m Conditional Use Permit No. 2002-04646 Requested By: J 8 J FOOD STORE, INC. Subject Property Date: January 13, 2003 Scale: 1" = 200' Q.S. No. 11 TO ESTABLISH CONFORMITY WITH EXISTING ZONING CODE LAND USE REQUIREMENTS FOR AN EXISTING CONVENIENCE MARKET WITH OFF-PREMISE SALES AND CONSUMPTION OF BEER AND WINE AND TO PERMIT A TRUCK RENTAL FACILITY AS A SECONDARY PRIMARY USE WITH WAIVER OF MINIMUM NUMBER OF PARKING SPACES. 3174 West Ball Road - A-1 Food Mart A D 630 CL 66$7-140 RB-A- 43,000 61-62-60 RM-1200 RM-1200 1 DU CUP 2002-04646 69-70-0 69-70-21 V-2107 V 2133 V-3673 - (CUP 1806 T) APTS. APTS. RM-1200 (CUP 694) 62-63-109- {CUP 562 T) APTS. (V-3644 V~ W 1V-2736 T) ~ Z MARKET W RM-3000 74-76-33 Q 66-66-116 RM-3000 V-2704 67"6&48 v-n93 RM-3000 ~ CONDOS APTS. 6667-29 (1) 111 RM-3000 APTS. 66-67-29(3) ~ 1 DU 2 DU APTS. W LlWEROSE OR n O c o= A oU A ~W ~ ¢o ~ RS-7200 RS-7200 RS-7200 1 DU EACH 1 DU EACH 1 DU EACH 1~ U EA ~H j RAVENSWOOD DR Staff Report to the Planning: Commission January,l3, 2003 Item No. 17 17a:r CEQAtJEGATIVEbECLARATION (Motion) 17b WAIVER OF CODEREQUIREMENT (Motion) 17d:'! CONDITIONAL USE PERMIT N0;2002-04646 (Resolution) SITE LOCATION AND DESCRIPTION: '- (1) This rectangularly-shaped, 0.34-acre property is located at the southeast corner of Ball Rcad and Western Avenue, fiaving frontages of approximatelys125 feet do the southside of Ball Road`and 118 feet on the east side of Western Avenue (3174 West Ball Road -A-1 `:Food Mart): REQUEST: r (2) The petitioner requests approval of a conditional use`permit under authority of Code` Sections 18.44:050.060 and 18:44:050:195 to establish conformity with existing zoning code requirements for an existing convenience market with off-premise sales and %consumptlon of beer and wine' and to permit a truck rental facility as a second primary use with waiver of the following: SECTION NOS. 18.06.050.0225 Minimum number ofbarkino spaces. (18 spaces AND'18:44:066.050 `required;`15 spacesproposedand recommended (by the City: Traffic and Transportation Manager) BACKGROUND: (3) This property is currently developed with anon-conforming convenience market and. is 'zoned CL (Commercial, Limited) and is located within the West Anaheim Commercial 7 Corridors'Redevelopment Project Area. The Anaheim General Plan Land: Use Element Map designates this property for' General'Commercial land uses. (4) Surrounding land uses are as follows: Direction 'Land Use Zoning General Plan Designation North`(across earl 'Vacant CL Medium Density Residential Road)'r East Apartment Complex RM-120¢ Low-Medium Density :Residential South Single Family )2S-A-43, 000 Low-Medium Density Residence. Residential West (across Commercial Center CL 'General Commercial Westem Avenue) sr8520jr Page 1 Staff Report o the Planning Commission January 13; 2003 - Item No. iZ PREVIOUS ZONING ACTIONSi (5) Variance No. 3673 (to construct a 24-hour convenience market with waivers of maximum structural height within 950 feet of asingle-family residential zone boundary,[0 feet permitted; 16 feet approved], andminimum structural setback abutting a residential zone boundary [10;feet required; 0 feet approved] f;was approved by the Planning Commission on July 20, 1.987. 'PROPOSAL: (6) The: petitioner is proposing to establish land use conformity for an existing convenience market and to permit and retain a truck rental business (U-Haul) with a maximum of two (2) vehicles stored in the existing convenience market parking lot at any time. The site plan (Exhibit No. 1) indicatesthe properly is developed with a 2,680 square foot convenience market and has 15 parking spaces. (7) The floor plan'(Exhibit No. 2) indicates an existing 2,680'square foot building;with four (4) gondolas/shelves for product display, five (5) refrigeration coolers,:: aself-serve drink station (for coffee and soda), restroom and storage areas, and a cashier counter. The plans further indicate that a small portion'bf the existing counter would be used as the U-Haul reservation center. No additional square footage is proposed. (8) Submitted photographs indicate the existing building is approximately 16 feet. in height and has a white stucco exterior. Thereare currently two (2) pay phones and one'(1) water , vending machine along the north elevation ofthe building facing Ball Road. No changes to the'exterior of he building are proposed in conjunction with this request. (9) No new landscaping plans were submitted as'part of this request. The subject property. is an established convenience market and stafftinspections identifiedimature landscaping',' within 3-5 foot wide planter areas along both street frontages that is in good condition and Is regularly maintained. ''Code currently requires a 10-foot wide landscaped'setback planted with one tree forevery twenty feet of street frontage along Ball Road'and Western Avenue. (10) Vehicle access to this property is provided by one (1) existing driveway located on Westem Avenue and one (1) existing driveway located on Ball Road. The proposed truck rental.'. service would increase the required parking spaces to 18 (5.5 spaces per 1';000 s.f. x 2,660 s fi. + 3 spaces for the £rst additional use). The site plan' indicates'a total of 15 existing on- site'parking spaces. Code requires a minimlam of 18 parking spaces for the subject property based on the following: :.Area ~`_ ,.Code-Required :? ~ ~ Pto: of Spaces ~. ,~ . ; :Use =~ (Square P'eet~~ Parking Ratio, -° Required s `aces `~er,1;000s.f. '~ ~Conveniehce Market 'r '2,680 5.S1 14.8 '- Truck Rental (1` additional use NIA N/A '3 'TOTAL 2,680 18 Page 2 Staff Report to the Planning Commission January,l3, 2003 `Item No. 17 a, (11) No new sign plans were submitted in connection with'this request. Code permits wall signs on each elevation not to exceed 10 percent of the building face area and one monument -sign. The`subject property has one (1)non-conforming freestanding pole ign; five (5) wall signs on the north elevation and'nne (1) wall sign on he west elevation. Although no plans .:were submitted for the signs, itappears the existing wall signs on the north elevatiorr exceed 10:percent of the building face area on that elevation. ` (12) The letter of operation indicates that no adtlitional employees would be necessary for the U-Haul rental business and that he hours of operation would be the same as the existing convenience market = 7 a.m. toi11 p.m. daily. The proposed operation includes the rental and storage of trucks from 14-17 feet in size. No more than two trucks would be located in the parking of at anytime and the trucks would be stored on-site when not in use (including ovemight'storage).,Tfieprnposed business would rent trucks to local residents for the 'purpose ofmoving large furniture, etc. The letter also indicates: the U-Haul rentals are "obtained by using a'phone-automated system to transfer, rent, and reserve trucks for ,'specific times and days to be delivered antl picked up at this specific location. ENVIRONMENTAL' IMPACT ANALYSIS: (13) Staff has reviewed the proposal and the Initial Study (a copy of which is available for review in the Planning Department) and finds nosignificant environmental impact and, therefore, recommends that a Negative Declaration be approved upon a finding by the Planning .Commission that thelVegative Declaration!reflects the Independent judgment of thelead 'agency; and that it has considered the proposed Negative Declaration together with'any comments received during thepublic review process and further finding on the basis of the Initial Study and any commentsreceived that there is no substantial evidence that the project will have a significant effect on the'environment. GROWTH MANAGEMENT'ELEMENT'ANALYSISi (14) The proposed project has been`reviewed by affected City departments to determine: whether it conforms with the: City's Growtft Management Element adopted by the City Council on`March 17;.1992. Based on City staff review of the proposed project, it has been 'determined that this'project does not fit within the scope necessary to require a Growth :Management Element analysis; herefore;ino analysis has been performed. EVALUATION: (15) The non-conforming convenience market located on the subject site was established prior ao the current Code provision requiring a conditionaluse permit for this type of business. As part of this proposal, the establishment of conformity with current Zoning Code `requirements is necessary for the convenience market with off-premise sales and consumption of beer'and wine.: The subject property is also non-conforming with respect to 'setback and parking of landscaping, as well as the 25-foot high pole sign: As part'of the establishment of land use conformity, staff has included conditions of approval for the `removal of the paypfiones and vending machines outside the 6uiiding, the installation of 24- inch box trees within: the streetsetback areas as required byCode, the display of the street eddress on the roof of the building, as well as standard conditions concerning the sales, `operation,"and advertising beerand wine'and property maintenance. (16) The Anaheim Policebepartment submitted a memorandum dated, January 8, 2003 '(attached), regarding the request for land use conformity for the existing convenience market with off-premises sale'and consumption of beer and wine. The convenience market Page 3 Staff Report to the Planning Commission January 13,'.2003 ltem No. 17 is located in Reporting District 1915, which has a crime rate of 57 percent below average and is not within an area of over-concentration. Reporting Districts to the north, eastand west are above the Citywide average. The Police Department does not oppose this request and has recommended conditions inthe eventthat this request is approved, Based on the current operation ofthe existing;convenience market and the,pFoposed conditions of approval, staff recommends approval of the establisftment of lahd use conformity for henon-conforming convenience market. (17) The conditional use permit application for the b-Haul rental business was initiated as a i result of a citizen complaint regartlhg an illegal U-Haul truck rental facility being conducted on the property. Although the U-Haul business is no logger in operation, thesubject property has a history of'code enforcement violations that date back to August of 2000.:' As intlicated in the attached memorartdum from he Code Enforcement Divisionisix notices of violation havebeen issued on the subject property, two'of which pertain directly to the U- Haul business: (18) Although the Code allows for a vehicle rental agency subject to the granting of a conditional use'permit, staff believes that the proposed use is incompatible with the existing convenience market business and that the rental business would adversely affect adjoining land uses, as well as the growth and development in the'area. Although the letter of operation indicates that a maximum of two (2)'trucks would be located on the subject property at any one time, the nature of this business operation is very unpredictable. It' would be difficult for the business owner to regulate the number of trucks to be located on slte as customers would'come in and order/reserve trucks at any ime during business hours. Because the rental would be automated and no employee would specifically "man" the rental operation, there would be no way for the business owner to guarantee how many j vehicles would be located on site at any given time. ~~ ~ r ~ 3r+ f z ~` '~ ~ r `~ I~t V { tit 2 ~ ~m .i 4. ~.., ~ .y .~tcw :'.', -. .,r .0 r r, View of Subject Property from Western Avenue (19) Because this applicatiomis the result of a Code Enforcement investigation, staff has had the opportunity to observe the proposed business in fulf operation.' In respontling to cit(zens' concerns, Code Enforcement officers observed as manyas four (4j:U-Haul trucks located on the ubject property akany one time. The manner in which the business previously operated indicates that he subjectproperty was inadequate in size to Page 4 Staff Report to the Planning Commission i January 13j 2003 Item No. 17 site plan/letter' of operation dated December 6, 2002. The City Traffic and Transportation Manager has reviewed the letter and site plan and has determinetl that the`existing parking supply of 15 spaces would be adequate for the combine uses based on the fallowing findings: "(a) The letter ofoperation/site plan indicates that the parking demand for: off-street' parking spaces is lower than the quantity provided on the parcel. There is a sufficient number of parking spaces on the parcel. (b) The proposed project as proposed would not increase demand for parking on any streets in the vicihity. (c) ; The proposed project will not cause any demand for parking on private property in the vicinity. All customers pick up theU-Haul trucks and'retum them to another: location near their destination. (d) The proposed project will not impede vehicular ingress or egress from adjacent: properties, because the proposed business would be wholly accommodated on'the subject propertyand be I(mited to two'(2) vehicles at any one time ° ' (23) Although the Traffic and Transportation Manager has determined that the existing parking supply is adequate, staff is concerned regarding the unpredictability of the number of rental vehicles on-site at any given time and the potential for vehicle conflicts in the';parking lot. Therefore, staff recommends denial of the required waiver. 1 (24) The applicanfhas submitted a petition with 56 signatures in support of the proposed U=Haul truck rental facility. FINDINGS: (25) Section 18.06:080 of the parking ordinance sets forth the following findings, which are required to be made before the Planning Commission approves a parking waiver: (a) ; That the waiver, under the conditions imposed, if any, will not cause fewer off-street parking spaces to be provided for such use than the number of such'spaces necessary to accommodate all vehicles attributable tp sucfi use under the normal and reasonably foreseeable conditions of operation of sucfi use; and ' (b) ` That the waiver, under the conditions imposed, if any, will not increase the demand and competition for parkingcspaces upon the public streets: in the immediate vicinity of the,proposed use; and (c) ; That the waiver, under the conditions imposed, if any, will not increase the demand and cdmpetition for parking paces upon adjacent private property in the immediate vicinity'of the proposed use;rand (d) That the waiver, under the conditions imposed, ifiany, will not increase traffic congestion withinlhe off-street parking areas dr lots provided for such. use; and' (e) That the waiver, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the pufilic streets in the immediate vicinity of the proposed use; Page 6 REVISED 0` Unless'ddnditions to the contrary are exp pursuant to this Section by the Planning: such waiver shalt tie deemed'contingenl the assumptions relating to the operatio parking demand study that formed the ti violating; intensifying or otherwise devia' the parking demand study shall be deep !' upon said waiver which shall subject sai the provisions of Sections 18.03.091 an (26) Before the Planning Commission grants.. of fact that the evidence presented show (a) That the proposed use is properly authorized. by the Zoning Code„d permitted use; (b) That the proposed use will not ac :growth and development of the a (c) That the size and shape of the si 'development of the proposed usi nor to the peace, health, safety, i (d) That the traffic generated by the .,upon the streets and highways d area; and (e) That the granting of the conditibi ,will not be detrimental to the peg 'citizens of the City of Anaheim...: RECOMMENDATION: (27) ; Staff recommends that, unless addition meeting, and based upon the evidence evidence presented in this staff report,' public hearing, the Commission take th (a) By motion, den the CEQA Neg (b) By motion; den the waiver pert on the unpredictability of the nu ?potential circulation conflicts du 'proposed vehicle rental busine (c) By resolution, approve Conditic ruck rental business and as r< `convenience market based o~ (i) That'although a vehicle re the CL Zone; because of Staff Report to the Planning;Commission January 13, 2003 Item No 17 ng of any waiver uv the full dar area. rden ithe :d, if any, ~e g;the sed ie hP , ding: iness is a cohditionally-permitted use within edictability of the proposed business Page T 0 d.... ,. 3: That prior to the operation City of Qnaheim,'Business 4: That no required parking ar storage`uses. the 3e 8 Staff Report to the ? Planning. Comm(ssioh January 13, 2003 Item No. 17 S, Thatthe property shall be°permanently maintained in an orderly fashion by providing regular landscape maintenance,.removal of trash or tlebris, and'removal ofgraffiti within twenty-four (24) hours from time of occurrence.! 6. That 4-foot high address numbers shall be displayed on the roof in a contrasting color to the roof material+The numbers shall`not be visible from the view of the street or adjacent properties. Said information shall be specifically shown do plans submitted for Police Department, Community Services Division approval. 7. Thatno exterior vending machines shall be permitted. 8. Thaf he number of on-site rental vehicles shalt be limited to two (2) Na other rental andlor storage of vehicles or related products shall be permitted: on the premises. 9. Thatthere shall be no advertising displays permitted on the rental vehicles. 10. That no banners or other temporary promotional advertising devices shall be permitted unless a Special Event Permit is first obtained from the Zoning Division of the Planning Departmeht. 11. That the sales of beer and wine shall not exceed thirty five percent (35%) oftthe gross sales of all retail sales during any three (3); month period. The: applicant shall maintain records on a quarterly basis showing) the separate amounts of sales of beer' and wine: and other items. These records shall be subject tolaudit, and made available, when requested by any City of Anaheim official during reasonable business hours. 12. That no advertising of beer or wine'shall be located, placed or attached to any location. outside thebuilding; and that anysuch advertising sfiall not be audible (interior or exterior). 13. That no beer and wine shall be consumed on any property under the control of the applicant. 14. That no beer and wine shall be consumed on he premises. 15. That the area of beer and wine displays shall not exceed 25% of the total display area of the buiding. 16. That the parking lot serving the premises shall be equipped with lighting of sufficientpower to illuminate and make easily discernible the'appearance'and conduct of all, persons on or about thefparking lots Sald lighting shalibe directed, positioned and shielded in such a manner so as not to unreasonably illuminate the window areas of adjacent properties, and that said lighting information shall be specified on plans submitted fonPolice Department, Communiry`Services Division approval. 17. That the applicant shall be responsible for maintaining the premises free of litter at all times. 18. That no video; electronic or otheramusement devices or games'shall be permitted anywhere on subject property. 19. That no display of beer or wine shall be located outside the building or within five (5) feet of any , public entrance to the: building. 20. That the sales: of beer and wine shall be made to customers only when the customer is inside ; the building. Page 9 Staff Report to the Planning Commission January 137 2003 Item No. 17 r 21. That beer shall not be sold in packages containing lessahan a six (6) pack; and thafwine coolers'shall not be sold in packagescontaining less than a four (4) pack. 22. That no person under twenty one (21) years of age shall sell or be permitted to sell any beer or wine. 23, That the hours of pick-up and drop-of of rental vehicles sfiall be limited to 7 a.m. to 10 p,m., daily. 24. That any public telephones on-site shall be re-located inside the convenience market. 25. That all, trash generated from this market shall beproperly contained in trash bins contained within approved trash enclosures. The numberof 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 Code Enforcement Division of the Planning Department shall determine the need for additional bins or additional pick-up.; All costs for increasing the number of tiihs or frequency ofpick-up shall be paid forby the business owner. 26. That no`outdoor storage, display or sales of any merchandise or fixtures shall be permitted outside'the building, No other rental and/or storage of vehicles or related products shall be permitted on the premises. i 27. That no,food which is cooked, heated, reheated, assembled'or altered'on the site (as defined in Section 18.01.040 "Convenience Market, Take-Out, Food Service") shall be permitted without the provision of Code-required parking. or the separate request and approval of a'variance for minimum numberof parking"spaces. 28. That prior to commencement of the activity authorized by this resolution, or prior to issuance of r a building permit br within a period of one (1) year from the'date of this resolution, whichever occurs first, Condition Nos. 6, 15, 16, and 19, above-mentioned, shallbe complied with, Extensions for further time to complete: said conditions maybe granted in accordance with Section 18.03.09Q bf the Anaheim Municipal Code. 29. That prior to the commencement of the activity authorized by this resolution or prior to final building and zoning inspections, whichever occurs first; Condition Nos:' 1, 2, 3, 6J, 16 and 24, above-mentioned,;shall be`compliediwith. 30. 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 compliancebr approval of the request regarding any other applicable ordinance, regulation,or requirement: Page 10 ATTACHIIENT-- ITEM N0. 17 MEMORANDUM CITY OF ANAHEIM Code Enforcement Division DATE: DECEMBER 30, 2002 TO: JOHN RAMIREZ, ASSISTANT PLANNER FROM: JACK SCOTT, CODE ENFORCEMENT OFFICER SUBJECT: 3174 W. BALL RD. (CUP # 2002-04646) On December 30, 2002, I conducted an inspection of the property located at 3174 W. Ball Rd. and observed no violations of the Anaheim Municipal Code. However, upon reviewing Code Enforcement records several citizens concerns have been received by Code Enforcement staff. Since August of 2000, Code Enforcement staff has addressed seven complaints regazding the following violations of the Anaheim Municipal Code: ® Unpermitted portable signs. ® Refuse and waste matter on the property. ® Outdoor storage of materials. ® Living in a camper in the parking lot. ® An unpermitted room addition inside the business. ® Land Use, for the unpermitted U-Haul business. Code Enforcement staff issued six Notices of Violation for the above-mentioned violations of the Anaheim Municipal Code. Two of the Notices of Violation were issued to the business owner for the U-Haul Business. On May 8, 2002, the Code Enforcement Division issued a Notice of Violation after observing four U-Haul trucks in the pazking lot of A-1 Liquor. The business owner was given five days to cease conducting the U-Haul business. However, on July 24, 2002, Code Enforcement staff observed one U-haul trailer in the parking lot of 3174 W. Ball Road and two U-haul trucks parked in front of residential properties on Ball Road. A Final Notice Of Violation was issued to the business owner. If you have any questions or need further assistance please contact me at ext. 4479. Thank you. 01 Ijs.doc n, ini.au Puri - ~ ~u'~ rvu. ~/ 1®1 ~ ~ ® ~ ~ 1® ® V City of Anaheim POLICE DEPARTMENT DATE: January 8, 2003 TO: John Ramirez Planning Department FROM: Sergeant Thomas J. Smith Vice Detail SUBJECT: CUP 2002-04646 A 1 Food Mart 3174 West Ball Road Anaheim, CA 92804 The Police Department received a request to provide conditions for an existing nonconforming convenience market with off-premise sales of beep and wine. The location is within Reporting District 1915, which has a crime rate of 57 percent below average. It is also within census tract 878:02, which has a population of 6,725. This population allows for 8 On Sale Alcoholic Beverage Control Licenses and there is presently 1 license in the tract. This population also allows for 5 Off Sale Alcoholic Beverage Control Licenses and there arepresently 5 licenses in the tract. The census tract boundaries are: North Ball Road South Katella Avenue West Western Avehue ' East Beach Boulevard Off Sale licenses in the immediate vicinity of the applicant: 3174 West Ball Road 10565 Beach Boulevard 10841 Beach Boulevard 10961 Beach Boulevard 10499 Beach Boulevard On Sale license in the immediate vicinity of the applicant: 3024 West Ball Road Memorandum John Ramirez A 1 Food Mart _ Page Two The Reporting District to the north of this location is 1815 with a crime rate of 259 percent above average. The Reporting District to the south is the City of Stanton. The Reporting District to the east is 1916 with a crime rate of 80 percent .above average. The Reporting District to the west is 1914 and has a crime rate of 53 percent above average. The Police Department would recommend the following conditions: 1) No advertising of alcoholic beverages shall be located, placed or attached to any location outside of the interior of the building and any such advertising shall not be visible to anyone outside of the building. 2) No alcoholic beverages shall be consumed on any property under the control of the applicant. 3) The applicant shall be responsible for maintaining a litter free area adjacent to the premise over which he/she has control. 4) No display of :alcoholic beverages shall be located outside of a building or within five (5) feet of any public entrance to thebuilding. 5) The area of alcoholic beverage displays shall not exceed 25% of the total display area in a building. 6) Sale of alcoholic .beverages shall be made to customers only when the customer is in the building. 7) No person under twenty-one (21) years of age shall sell or be permitted to sell any alcoholic beverages. 8) That beer shall not be sold in packages containing less than a six (6) pack, and that wine coolers shall not be sold in packages containing less than a four (4) pack. Please contact me at extension 1451 if you require further information.. f:\home\tgovernale12002-04646 A 1 Food Mart:doc ITEM N0~ 18 43~b VP EN~GH ~.• F1Pk' _ EET .~ SPN~ PNP gTR M_..,~n ~i ~\ Variance No. 2002-04539 Subject Property Date: January 13, 2003 Scale: 1" = 200' Requested By: TOMAS RODRIGUEZ Q.S. No. 94 REQUEST WAIVERS OF: (A) MAXIMUM FENCE HEIGHT IN THE FRONT SETBACK AREA (B) MINIMUM NUMBER OF PARKING SPACES TO RETAIN AN UNPERMITTED SECOND STORY OFFICE EXPANSION TO AN INDUSTRIAL BUILDING. 542 South Atchison Street A D 533 ,..i I Staff Report to the Planning Commission Uanuary 13, 2003 Item No. 18 18x. CEQA NEGATIVE DECLARATION (Motion) 18b. VARIANCE NOi 2002-04539 ;' (Resolution) j SITE LOCATION AND DESCRIPTION: ? (1) This rectangularly-shaped 0.46-acre property has a frontage of 150 feet on the east side of Atchison Street, a maximum depth of 134 feet, and is located 530 feet south of the centerline of Santa Ana Street (542 Soutfi'Atchison Street) REQUEST: (2) The petitioner request approvalbf the following waivers to retain an unpermitted second- `storyoffice expansion to an existing industrial building. (a) SECTION NO. 18.04.043.101 Maximum fence fieight in the front setback area (3-foot high. fence permitted; 6-foot high fence existing). (b) SECTION NQ 18.04.043:101 ' Minimum number of oarkind'soaces. 98 spaces,required;l0 proposed). BACKGROUND: (3) This property is currently developed with industrial buildings and is zoned ML (Limited ! Industrial). The Anaheim'General plan Land Use Element Map designates this property for ' ~ General fndusVial Land Use. This property is also located within the Anaheim! Commercialllhdustrial Redevelopment ProjecFArea (South). (4) No prior zoning actions pertain to this property: (5) Surrounding land uses are as follows; Direction land Usei Zoning General Plan Designation Ail Directions Industrial Business ML General Industrial DEVELOPMENT PROPOSAL: (6) This request is a result of a Code Enforcement action where the second-story,office were constructed without obtaining appropriate building permits. The petitioner requests approval of a parking waiver to retain an unpermitted second-story office addition `and metal canopy. Further, the petitioner requests approval of a waiver of maximum fence fieight to4etain an existing 6-foot high chainlink fence and sliding gate within the front setback area. (7) The sitelfloor plan (Exhibit No. 1) indicates a 6,000 square foot masonry building (with offices),: x.3,500 square foot metal building (withbffices), a 2,260 square foot metal pole SR8526EY Page 1 'Staff Report to the Planning`Commissidn ' January,l3, 2003 '-Item No.'18 REVISED 01113103 " K ~`~ '' T y^ 'h='/"` f `h" ~ ~ 'iy Y' S2 ~ ~{ y 2 l A l f F j, y : rv . 't': `T J w Address ~ Business Name , ` ~ .r , ~ 2 Y ai a.. .,, >, , , ; , n. .,a, 540 S. Atchison Street Anaheim Corrugated Die Cut 542'. S. Atchison Street Rodriguez Sweeping Service 542. S. Atchison Street North Orange County Youth Soccer Premier League ENVIRONMENTAL IMPACT ANALYSIS: (13) Staff has reviewed'the proposal and the Initial Study (a copy of which is available .for review'ih the Planing Department) and finds no significant environmehtal 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 tfie public review process and further finding on the basis of the Initial Study and any comments received thatthere is no substantial evidence that the project will have a significant effect on the environment. Page 3 Staff Report to the Planning Commission January 13,2003 Item No. 18 GROWTH MANAGEMENT ELEMENT ANALYSIS: (14) The proposed'project has been reviewed by affected City departments to determine whether it conforms with the City's'Growth Management Element adopted by'the City Council on March 17, 1992. Based on City staff review of the proposed project, it has tieen determined that this project does not fit within the scope`necessary to require a Growth` Management'Element analysis, therefore, no'analysis has been performed. EVALUATION: (15) Typically, a petition with a parking waiver and waiver of fence height within the front setback area would be heard by the Zoning Administrator. Section No. 18:12.090 of the Anaheim Municipal'Code states: The Zoning Administrator may refer any petition made pursuant to this chapter to the. Planning;Commission when the Zoning Administrator determines that the general public interest warrants such referral. In such instances, said proceedings by; the Planning Commission shall be held in the manner otherwise required without regard to this chapter. Pursuant to the above referenced Code section, the Zoning Administrator has referred this item to the Planning Commission. (16) Waiver (a) pertains to maximum fence height in the front setback area. Plans indicate an existing 6-foot highphainlink fence and sliding gate located along the front (west) property Tine. Photographs of the'property further show existing`,barbed wire along the top of the fence. Code requires a minimum 5-foot wide setback along ; Atchison Street and allows fencing with a maximum height of 36 inches as a permitted encroachment. (f7) The petitioner haS submitted the attached Statement of Justification indicating that the fence was existing when the property was purchased. The fence is used'to screen the street sweepers from view and the location of the fence at the property line is necessary to properly maneuver the street sweepers. Staff surveyed:? properties along both sides of Atchison Street to the south of Santa Ana Street. There are a total of 3non-conforming fences within the area surveyed (not including the subject property). No variances were approved in conjunction'with the existing fences. The locations and descriptions of the nonconforming fences in the vicinity of the subject property are indicated below: Page, 4 Staff Report to the ! Planning,Commisslon `.January 13, 2003 Ytem No.' 18 '' a~ i c~5 R~Ej ANP z M4 ~ u~ ~ ~~' Y t~f1 W 3 a ~ N u~ u~ Z 4 d N 2 J ~„ , 4L rd u~' w. 1. 516 East Santa Ana Street - 6-foot high chainlink fence with PVC slats`and barbetl wire 2. 510 South Atchison Street - 6-foot: high chainlink fence 3. 500 South Atchison Street -12-foot: high combination block wall and chainlink fence 4. 542 South Atchison Street (subject property) = 6-foot high chainlink fence with wood slats and barbed wire: (18) 'Although 43% of the properties along Atchison have: fences higher than 36 inches in the front setback area, it should be noted hat these.fences were constructed prior to the current Code,requirementtimiting the height of fencing to a maximum of 36 ::inches within the required frontyard settiack. There are no waivers for maximum fence height within the front yard setback area within the vicinity of the subject ProPertY• (19) `This property is rectangularly-shaped with no topographic contours or irregularities : 'that would be a constraint on'the property in any unique way. Additionally; the property is similar in'respect to size with the majority of the properties in'the vicinity:: Therefore, the property is not constrained by unnecessary hardship due to shape, size ortopography, which do not apply to'other identically zoned properties in the vicinity. (20) Based on a review of the site plan, staff Etas determined that the relocation of the fence to'five feet behind the property linewould accommodate'thefnur existing parking spaces between the fence and the metal pole shed. The existing: four ;'spaces are shown oh the plan to be 9 feet wide, wfiile Traffic Engineering standards 'require that parking tails be a'minimumbf 6.5 feetwide. An atlditional3:5-foot open area is currently located between the fence and the parking stalls. With the relocation of the fence and restriping of the parking: spaces (with a width bf 8.5 feet. each) the same number of parking spaces would be provided:`Additionally, the Page 5 'Staff Report to the Planning Commission 'January 13, 2003 '.Item No. 98 numerous complaints from surrounding business owners have been received ;regarding,parking problems (n this area and with thisproperty in particular. (26) Based on the City Traffic and Transportation Manager's recommendation', staff . 'recommends denial of the parking variance. FINDINGS: (27) 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, sfiall 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 similarproperties Therefore, before any code waiver is granted by the'Planning Commission, it shalt be shown: (a) That there are special circumstances applicable to the property such as size, shape,: topography, location or surrountlings, which do not apply to otfier identically zoned. properties in the vicinity; and (b) That strict application of the Zoning Code deprives the property of privileges, enjoyed by other properties under identical zoning classification in the vicinity (28) That Section 18.06.080 of the parking ordinance sets forth the following findings which are ;required to be made,before the parking waivers are approved by the Planning i Commission or City,Councll. (a) That the variance, under the conditions imposed if any, will not cause fewer off- street parking spacestito be provided for such use than the number of sucfi spaces necessary to accommodate all veficles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use; and :Section and (b) That the variance. under the conditions imposed if any, will not increase tfie :demand and competition for parking spaces upon the public streets in the: `immediate: vicinity of he proposed use; and (c) 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; antl (d) That the variance, untler the conditions imposed, iF any, will not :increase traffic congestion within the off-street parking areas or ots ;provided far such use; and (e) That the variance, under the conditions imposed, if any, will not: impede vehiculacngress to or egress from adjacent properties upon the public atreets in the immediate vicinitypf the proposed use; Page 7 Unless to'tnis shall tie relating formed deviatir deemei varianc 18:03'.0 RECOMf '(29) i I Staff Report o the Planning Commission' January 13,i 2003 Item No. 18i' RfV1SED 0'1/13/03 is hearing, that the Planning Commissioh take the following actions: By motion, approve a CEQA Negative Declaration. By motion den waivers (a) maximum fence height in the front setback area and (b) minimum number of parkingspaces based on the following: (ii) Waiver (b) pertaining to minimum number of parking spaces (18 required;'10 proposed) should be denied because ttie proposal 1. That no required parking spaces shall be used for the storage of unfinished materials, i finished product or street sweepers. 2. That no compact parking spaces shall be permitted. 3. That plans for the 533 square foot second-story office addition and the 864 square foot metal canopy shall be submitted to the Building Division for'review and approval: Once approved, building permits shall be obtained for these structures. Page 8 Staff Report to the `' Planning Commission January 13(2003 item No: 16 4. That the existing fence and sliding gate shall be refurbished and properly maintained, including? replacement of damaged slats with new PVC slats and removal'of barbed wire. 5. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division and in accordance with approvedplans on file with said Department:: 6. That an on-site trash truck tum around area shall be provided per Engineering Standard Detail Nd' 610 and shown on plans as required by the Department of Public Works,' Streets 'and Sanitation Division. 7. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted'to the Public Works Department, Streets and Sanitation Divlsidn for review and 'approval. 8. That a lot line adjustment plat shall be submitted to the Subdivision Section (Development Services Division) and approved by the City Engineer and then recorded in the Office of the Orange County Recorder (a) to combine the three (3) existing lots such that any new building lies completely within one (1) parcel 9. That a fee for sewer capacity mitigation, for the Old TownlBasin 8 Area shall be paid:: 10. That the applicant shall pay a traffic signal: assessment fee and a traffic and transportation fee to the City of Anaheim, Traffic Engineering Division, in an amount established by he CityCouncil Ordinance/Resolution: 11. That the property shall be permanently maintained inan ordedy fashion by the removal of trash or 'debris and removafof graffiti within twenty-four (24) hours from time of occurrence. 12. That four (4) foot higft address numbers shall be displayed on the flat area of the roof in a contrasting `color to the roof material, provided the numbers shaltnot be visible from She view of the streetbr adjacent properties: Said information shalt be specifically shown on plans submitted for Police Department, Community Services Divisionapproval 13. That the subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitionerand which plans are on file with the Planning Department marked Exhibit No: i, and as'conditioned herein. 14. That within 60 days from the date of this approval, Condition Nos. 3, 5, 6, 7, 8, 9, 10 and 12 above- mentioned, shall bebomplied with. Extensions for further time to complete said conditions maybe 'granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 15. That prior to final building and zoning inspections, Condition No: 13, above-mentioned, shall be `complied with, 16. That approval of this application'constitutes approvalbf 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 noG include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. Page 9 ATTACHt1ENT - ITEM N0. 18 SECTION 4 PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARiANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: ~ ~ • ° ~ ^ O~ ~ - (A separate statement is required for each Code waiver) PERTAINING TO: ""+~AtnnJ,v~ ~~ ~~tY " ~ ~~ ~"'~ ~ ~ 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: I. That there are special circumstances applicablc to the property, including size, shape, topography, location or surroundittg~, 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 iut matters such as size, shape, topography, location or sun•oundings? _ Yes ~ No. If your answer is "Yes," describe the special circumstances: 2. Are the special circumstances that apply to the property different from other properties in the vicinity which ere in the same zone as your property? , Yes ,~ No If your answer is "yes," describe how the property is different: Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? _,Yes ~No If your answer if `des; 'describe the specie] circumstances: 4. Were the special circunts[ances created by causes beyond the control of the property owner (or previous property owners)? ,~ Yes _ No EXPLAIN ~~ tssaS ~XIZ"C-IIJL~ ~ 1S W~ti ~~~ The sole purpose oJrany variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shell be approved which would Gave the effect of granting a special privilege not shared by other property in the same vicinity and zone which is otherwise expressly authorized by zone regulations governing subject property. Use variances are not permitted. tIM O Sig urea ro rty I caner or Authorized Agent Date CONDITIONAL USE PERMITNARLANCE NO. ZoOQ - U ~7?7~ DECEMBER l2, 2000 ITEM N0. 19 RS-A-03,000 RCL 82-83-28 63-fi4-35 {Res pl Intent mm lp RM-1200) ~ n CUP 1496 tit: n: CUP 477 J > c i K CL RCL 66-67-21 RCL 59-60.36 CUP 3161 CUP 114 VAR 3573 VAR 2762 S VAR 1919 S SHOPPING CENTER VREST.~ -~ ~- LINCOLN AVENUE CL fit-63-64 55-56-00 (R CUP 607 CL GL V-1926 55-56-00 55-56-00 SHOPPING V-1139 ~' c ,0 oC CENTER 55-56-00 pEP BOYS OASIS s; N Q -~ MOTEL ~ - 62-E 55-: (Res. of In - CUF V-1 11fi f W O 3 w 0 CL) J ~ CH Q 91-92-14 CL m (Ree. o/57 ~ CL) RGL 90.91-7 ~ CUP n6 55-56-40 RS•A-03,000 ' = vAR 41st CAR WASH UP 2001-04328 RCL 62-83-28 JP 2002-04645 62-63-108 ~ CUP 4054 (Res. of Inlenl to RM-1200) m CUP 3650 5 5 a RCL 96-99-12 RCL 55.56-37 CUP 2705 FURNITURE STORE RCL 9&99-12 RCL SS-66-37 CUP 3006 CUP 2705 5.6. 8 FDOD MART RM-1000 RCL 97-96-15 CUP 4099 VACANT GL 7- ~rc CUP 402 ~ 1O~ 9 CUP 3682 y C 15342 '^j V rc 1& x PCN 9 03 ~ 6FACH-LINCOLN ,,, PLAZA a (Res. of intentOto CL) A ~ N CH BEAC T U COLN CUP 767 91-92-14 SHOPPING CENTER PACIFIC SUNSET (Res, of Int. to CL) MOBILEHOME 56-57-22 RSA-03,000 ESTATES VAR 4151 RCL 02-83.28 AMERICANA 62-fi3.108 MOTEL (Res. of Intent RS-A-03,000 to RM-1200) 55.56-00 80-81-23 (Res. pl Intent tp CL) (Res. of Inlenl to CL) 64-05.06 CUP 767 (V-1677 T) (Res. of Inlenl to CH) 55-56-00 CL SILVER MOON MOBILE HOME (Res. pl Intent to CL) MOTEL PARK CUP 2170 Conditional Use Permit No. 2002-04645 Subject Property Date: January 13, 2003 Scale: 1" = 200' Requested By: MICHAEL BAGGULEY Q.S. No. 9 REQUEST TO PERMIT AND RETAIN A COMPUTER RENTAL AND INTERNET AMUSEMENT (ARCADE) BUSINESS. 3010 West Lincoln Avenue y K O m sz7 `Staff Report to the Planning Commission Januaryl3, 2003 Item Np,`19 19aa CEQA CATEGORICAL EXEMPTION -CLASS 1 (Motion) 19b.i CONDITIONAL USE PERMIT NO: 2002-04645 (Resolution) SITE LOCATION AND DESCRIPTION: (1) This rectangularly-shaped, 1.58-acre property is located at the southwest corner of Lincoln Avenue and BeachBoulevard'with frontages of 260feet on the'south side of Lincoln` Avenue and 260 feet on the west side of Beach Boulevard (3010 West Lincoln Avenue, Unit A). REQUEST: (2) The petitioner requests approval of a Conditional Use Permit under authority of Code Section 18:44.050:145 to permit and retain' a computer rental and internetamusement J (arcade) business. BACKGROUND: ? (3) This property is developed with a commercial retail center and has been zoned CL (Cpmme~cial, Limited)`since 1994. This property is Ideated in the West Anaheim Commercial Corridors Redevelopment Project Area and the Anaheim General Plan Land Use Element Map designates this property for General Commercialland uses: (4) Surrounding land uses,'are as follows: Direction Land Use Zoning GeneraLPlan `Desi nation North across Fast. Food Restaurant and CL General Commercial Lincoln'Avenue Commercial Center EasNacross Service Statidn and + CH General Commercial Beach $oulevard ` Car wasfi` South , Mobilehome Park RS-A-43,000 (MHP) General Commercial and Medium Density Residential West Auto Parts Store CL General Commercial PREVIOUS ZONING ACTIONS: (5) The following zoning actions pertain to this property: (a} Conditional Use Permit No: 4054 (to permit five additional units [within the existing floor area] for a total of twelve units within an 17,980'square fooTcommerdial retail center) was approved by he Commission on August 1T,1998. Sr1104cw Page 1 Staff Report to the Planning Commission January 13; 2003 Item No. 19 (b) ,:.Conditional Use Permit No. 4041 (to permit the retail sales of beer and wine for on= premises eonsumptibn and arramusemeht arcade with up to 16 amusement devices within an existing 4,800 square foot restaurant - Numero Uno Pizzeria) was approved by the Commission on July 6,:1998 for a period of one year to'expire July 6, 1999: On (December 6, 1999 the Commission reinstated this permit to expire on December 3l, x2001. This permit is expired: however the restaurant is operating with sales of beer end wine and an'amusementercade. (c) .Conditional Use Permit No. 3650 (to permit the installation of automotive'accessories ![stereos,'cellular phones and alarms] in conjunction with a proposed retail establishment) was'approved 6y the Commission on January 10, 1994, bEVELOPMENT PROPOSAL: (6) The petitioner proposes to continue operation ofa computer rental and internet amusement (arcade) business within an`existing'cdmmercial'center. The applicant proposes thirty-three (33) computer stations offering access to the internet with various internet services, The customers are connected by a network that allows patrons: to play internet-based games against one another or against other persons located off-site occupying the same gaming website. (7) The site plan (Exhibit No. i) indicates an existing 13-unit commercial `retail center. Vehicular access: is provided via one'driveway on Lincoln Avenue and one driveway on Beach Boulevard. Plans! indicate ai total of 11.1 spaces on site. This use requires 6 spaces based on the ratio of 5.5 spaces per 1',000 square feet of floor area or 0.18 spaces per computer, whichever results'in the higher number of spaces. The following is a list of all existing tenants within'the center.`: Address (L1ncoln Avenue) Use ' Total Square Code-Required Parking Ratio 'Per 1,000 s;f. Parking'. Required 3000 DonuESho 1000 5.5 ' 5.5 3002 Taz Service 600r 4 = 2.4 3004 Pa da Loans 1280 5.5 7.0 3004 A Ci a€Sho .590: 5.5 3,2 3006 Dentist 1160 6 6.9 '' 3008 Acu tincture , 900 ~ 6 - 5.4 3008A< %Nail:Salon 750 5.5 4.1 < 3010 ' 'Pizza Restaurant 4520. 8 > 36.1 `' 3010 A Networks Ultra X ress 1080 5.5 5.9 - 3012 Hong Kong Restaurant :1200 8 9.6 3014 Photd Sho ;1200 5.5 6.6 r 3016 Fantastic Sams 3 1200 5.5 6.6 3020 At & Ed Auto 2500 x'1.55; 3.5, 5.5 9.7 TOTAL 17,980 109 Code requires different parking ratids for shdwroom, installation and retail ofauto accessories Page 2 Staff Report. to the Planning Commission < January 13,2003 Item No. 19' GROWTH MANAGEMENT ELEMENT ANALYSIS: (12) The proposed project has tieen reviewed by affected City departments to determine whether it conforms with the Citys Growth Management Element adopted by the City Council on March 17, 1992. Based bn City staff review'of the proposed project, it has tieen determined thaf this project does noCfit within the scope necessary to require a Growth .Management Element analysis, therefore, no analysis has been pertormed. EVALUATION: (13) Recent entitlement requests for internet access and computer rental businesses in the City are shown in the folidwing charts Case No. Location No. of Square No. of Hours of Operation + Status stations footage parking Recommended/ df unit spaces Approved re wired` CUP4440 3174 West Lincoln: 50 1,704 20 Mon: Sun: 10am-12am / Approved 9/24/01 Avenue Suite 108 a Sun-Thur: 10am-tam; 3 years Fri-Sat: 10am-4am CUP4465 5642 East La Palma 66 2;393 5 Mon: Sun: 10am-12am / Approved 12/3/01 Avenue Suite 106 Sun-Thur; 10am-tam; 2 years- Fri-Sat: 10am=4am CUP4508 5215 East Orangethorpe 27 T;062 5 Mon: Sum 10am- Denied Avenue`. 12am/na 2/25/2002 CUP4503 2520 West Lincoln i 30? 1;346 6 Mon. Sun:'10am- Denied Avenue 12am/na 2/25/2002 CUP4538 1602 North Lemon Street 40 1,833 10 ' Mon: Sun: 10am-12am / Approved Sun: Thurs. 10am-12am; 5/6/2002 Fri: Sat. 10am-tam CUP4584 5557 East Santa Ana 42' 1;440 8 Mon: Sun: 10am-12am 1 Approved 9/9/02 Canyor Road, Suite 101 Mon: Sun: 10am-12am Denied.by City Council 11/4/2002'. CUP4612 2885 West Lincoln 33' 1,280 7 Sun: Thur: 10am-10pm Approved 10/21/2002; Avenue' Fri: Sat: 10am-12am / Approved by City Sun: Thur. 10am-12am Counch 12/17/20021 FrF: Sat: 10am-tam (14) The Commission may wish to note that this business has been in operation as a`computer repairand salesbusiness with 12 computers available for rent at this location since September 9, 2001. The current proposal is to permit and retain a computer rental/internet access business with 33 computers. (15) Staff is aware of the concern with regard to the operation of'computer rental/internet access businesses in and around the City. Neighboring cities havewitnessed'gang-related violence, noise and loiteringas a result of sucfi'tiusinesses (16) Staff feels that the proposedlocation is appropriate for acomputer rerital/internet access business because it is situated in a commercial center situated along two arterial highways:: with no direct vehicular access to a residential neighborhood. The Cbmmissiort maywisFtd note that a recent site inspection demonstrated that this center is in good condition with Page 4 Staff Report to the Planning Commission `January 13; 2003 Item No[ 19 maintained laridscaping, a newly sealed and striped parking lot and free of graffiti. Also, the Police Department has' cbnfirmed that there have been 1 ti calls forservice to; this commercial center within the last calendar year, none of which were gang-related. (17) The Police Department continues to express concern due to lack of experience with this. type of business and the violent events;tfiat have occurred in neighboring cities. Should the Commission wish to approve this request, a sfiart time frame should be placed on the permit to allow studyof its impact on public safety and police resources. Because of these concerns, staff recommends that this permit be approved for one (1) year, to'allbw for reviewoftfie operation. Tfie Police Department is also recommending a number of conditionsbfapproval intended to ensure the use operates in a safe: manner ' FINDINGS: (18) Before the Planning Commission grants any conditional use permits it must make a finding of fact that the evidence presented shows that all' of the following conditions exist: (a) That the proposed use isproperly one for which a conditional use permit is authorized by he Zoning Code, or that said use is not listed thereifi'as being's permitted use;:% (b) Thaf the proposed use will not adversely affect the adjoining land uses and the growth and development of the area: in whicti'it is proposed to be located; (c) That he size and shape of the site for the proposed use is adequate to allow the full development of the proposed use in a mannerinot detrimental to tfie particular area nor to the peace, health,rsafety, and general welfare; (d) Thaf the traffic'generated',by the proposed use will not impose an undue burden upon the streets and highways designed and improved td carry the traffic in tfie area; and (e) Thaf the granting of the conditional vse permit: under the conditions imposed; if any, will ndt be detrimental tothe peace;,health, safety and general welfare of the citizens of the, City of Anaheim. RECOMMENDATION: (19) Staff recommends that, unless additional or contrary information is received during the meeting, and based upon!the evidence submitted to the Commission, including tfie evidence presented in fiis staff report, and oral and written evidence presented at the public hearing, tfie Commission take tfie following actions: (a) By motion, determine that the project is Categorically Exempt under Section 15301, Class 1 (Existing Facilities) of the CEQA Guidelines. (b) By resolution, approve Conditional Use Permit'No. 2002-04645 (to permit and retain a computer rental and Internet access amusement [arcade] business) based bn the following: (i) That the proposed use is properly one fbrwhich a conditionalUse permit is authorized as conditionally permitted use under Section 18.44.050.145of the Zonifig Code. Page 5 Staff Report to the Planning Commission January 13; 2003 Item No. 19 (ii) That the proposed use; as conditioned herein, would not adversely affect the adjoining land uses antl the growth and development of the area' in which iY is proposed to;be located because the property does not have direct access o a residential neighborhood. That the property: provides'adequate ingress/egress from public streets, on-site vehicular circulation, and adequate parking for '! customers and employees patronizing the combined uses on the'property and is`adequate to allow the full development of this use inla manner which is not detrimentafto the area: (iii) That the proposed use as conditioned herein, would not be detrimental to the peace, healtFi, safety and general welfare of the citizens of the City of Anaheim. THE FOLLOWING CONDITIONS ARE`SUBMITTED BY VARIOUS CITY DEPARTMENTS'ACTING AS AN INTERDEPARTMENTAL COMMITTEEANDARE RECOMMENDED FOR ADOPTION BY THE PLANNING COMMISSION IN THE EVENT THIS PERMIT IS APPROVED. 1. That the subject use permit shall expire one (1) year from the date of this resolution. 2. That the hoursof operation shall be limited to'10 a.m. to' 10 p.m., Sunday through Thursday, and 10 a.m:'to 12 midnight, Friday and Saturday. 3. That there shall be a minimum of two employees on site during operating hours. 4. That the number of computer workstations shall be limited to thirty-three (33).' Said information shall be specifically'shown on'plans submitted for Zoning Division approval. S. That no exterior vending machines visible off-site shall be permitted. 6. That!no food sfiall be prepared on-site. 7. Thatno alcoholic beverages shall be consumed or sold on the premises. 8. That minors may not enter or remain in the establishment on any weekday between 8 a.m, and 3 p.m. Thisrestriction'shall nofapply on any school vacation day or holiday as established byany public'or private school, kindergarten through grade twelve, operating withih one mile of this site. Additionally, minors may not enter orremain in the establishment after 9 p.m, on any day: of the week. Notice of the above-stated prohibition relating to the presence of minors shall be posted by the owner/operator at the entrance; in lettering at (east two (2) inches in size: This prohibition shah. not apply when a minor is accompanied by a parent or guardian (withthe guardian being able to authenticate guardianship). 9. That the interior of the business shall be adequately illuminated to make easily discernible the conduct of patrons within he premises. Said information shall bespecifically;shown on'plans submitted for Zoning Division and Police Department, Community Services Division approval. 10. That he computer stations shat) be open and observable to employees at all times and no partitiod walls. shall be permitted.:: Said information shall be specifically shown on plans submittetl for Zoning Division approval. Page 6 Staff Report to the ;Planning Commission January 93, 2003 'Item No.' 19 11. That all windows and'entrances into the business shall be clear and unobstructed, so as to allow an unimpaired'line of sight by a peace officerjnto the interior of the business during business hours. :Said information shall be specifically indicated on plans submitted for Zoning Division approval: ` 12. That there shall be no seating areas or tables other than the computer workstations as shown on Exhibit Nac 2. Said information!shall be specificallysfiown on plans submitted for Zoning Division !approval. 13. That trash storage areas shall be refurbished to comply with approved plans on file with the Public .Works Department '.Said information shall be shown bn plans submitted for Public Works ;Department, Streets and Sanitation Division approval; 14. That all applicable City permits required by Title 3 (Business Licenses) and Title 4 (Business ' Regulation)'shall be obtained from the Cityaf Anaheim, Business License Division of the Finance Department. 15. That all signs shall conform to the CL (Commercial Limited) Zane. Any additional signage shall be subject to review and: approval by the Zoning Division: Any decision by the Zoning Division may be appealed to the Planning Commission for review and!approval as a "Reports and Recommendations" item. 16. That the subject property shall be developed substantially in accordance with plans and specifications submitted to the Cityof Anaheim by the petitioner and which plans are on file with the Planning;, 'bepartment marked Exhibit Nos; 1 and 2 and as conditioned herein. !'~ 17. That there shall be a camera/video surveillance recortling system capable'bf delineation, on playback of the system, the activity and physical features of persons or areas within he premises. The system .shall coverall entrances and exit points, in and about the premises, the property directly adjacent to 'the entry and exit doors, and all jnterior spaces. The;system shall be subject to inspection by the City during business hours any day of the week: The system shall be maintained in good working order at all times. `Said information shall' be specifically shown on plans'submitted'for Police: Department, Community Services'Division for approval` 18. That at least one (1)state-licensed security guard shall be on the business premises at all times, seven daysa week,'during the flours of darkness. 19. That withirisixty (60) days from the date of his resolution, Condition Nos.4, 8, 9, 1Q,'11, 12, 13 14, 16, and 1Tabove-mentioned, snail be complied with.': Extensions for further time to'complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 20. That approval of this application'constitutes approvatbf the proposed request only to'the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Fetleral regulations: Approval does not jnclude any action or findings as to compliance or approval of the request regarding anyother applicable ordinance, regulation or requirement. Page 7 v S~ D Conditional Use Permit No. 4069 Tracking No.: CUP 2002-04634 Requested By: KHODA OSTOWARI Subject Property Date: December 16, 2002 Scale; 1" = 200' Q.S. Na. 74 REQUEST FOR REINSTATEMENT OF THIS PERMIT BY THE MODIFICATION OR DELETION OF A CONDITION OF APPROVAL PERTAINING TO A TIME LIMITATION (APPROVED ON JUNE 20, 2000 TO EXPIRE SEPTEMBER 13, 2003) TO RETAIN THE SALES OF BEER AND WINE FOR OFF-PREMISES CONSUMPTION AND AMEND PREVIOUSLY-APPROVED EXHIBITS AND CONDITIONS OF APPROVAL PERTAINING TO SIGNAGE (TO PERMIT AND RETAIN THREE (3) UNPERMITTED INFORMATIONAL SIGNS, ONE (1) EXISTING DIRECTIONAL SIGN, ONE (1) CAR WASH MENU SIGN AND CONSTRUCT THREE (3) WALL SIGNS AND MODIFY CONDITIONS OF APPROVAL PERTAINING TO HOURS OF OPERATION PERTAINING TO THE CONVENIENCE MARKET AND SALES OF BEER AND WINE FOR APREVIOUSLY-APPROVED SERVICE STATION WITH ACGESSORY CONVENIENCE MARKET WITH SALES OF BEER AND WINE FOR OFF-PREMISES CONSUMPTION AND SELF-SERVE CAR WASH. BO5 South Harbor Boulevard 498 Staff Report to the Planning Commission January 13, 2003 Item No: 20 20a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) (Motion for Continuance) 20b:> CONDITIONAL USE PERMIT NO: 4069.- (TRACKING CASE NO. CUP2002-04634) SITE LOCATION AND DESCRIPTION: r (1) This rectangularly-shaped, 0.8-acre property is located at the southwest comer of South Street and HarborBoulevard with frontages. of 190 feet on the south side of South Street and 185 feet on the west side of Harbor Boulevard (805 South Harbor Boulevard). REQUEST: i (2) The petitioner requests reinstatement of this permit by the modification or deletion of a condition ofapproval' pertaining to a time IimitaBbn (approved on`June 20 200p to expire September 13, 2003) to retain the sales of beer and wine for off-premisesconsumption and amend previously-approved exhibits and conditions of'approval pertaining to signage (to permit andYetain three (3) unpermitted informational: signs, one (1) existing directional sign, ^one car wash menu sign and construct three (3) wall: signs and modify conditions of approval pertaining to hours of operation for the convenience market and the sales'of beer ahd wine for apreviously-approved service'station with an accessory convenience market with the sales of beerand wine for off-premises consumption and aself-serve car wash 'under authority of Code Section18.03.093. BACKGROUND: (3) This property is currently developed with a 1,925 square foot service station with aself- _serve car wash and convenience market with beer and wine sales for off-premises 'consumption. The property is zoned CL (Commercial] Limited)`and the Anaheim General Plan LandUse Element Map designates this properly for Commercial Professional and Medium Density Residential land uses. (4) This item was continued from the December 16, 2002( Planning Commission meeting in order for the petitioner to consider signage modifications. (5) The petitioner, Khoda Ostowari, has submitted the attached letter, dated December 23, 2002, requesting a further continuance to the January 27; 2003, Planning Commission meeting in order to request a change in conditions of approval pertaining to the sales of beer and wine and consider signage modifications. RECOMMENDATION: (6) That the Cpmmission, by motion, continue this item to the January 27, 2003, meeting. sr8523av Page 1 12/23/2002 17:30 7145169708 To: Planning Department Anaheim City Hall Z00 S. Anaheim Blvd.. .Anaheim , Ca. 92805 Attn.: Amy Vazquez From: Khoda B. Ostowari 6263 E. Twin Peak Cr. Anaheim, CA 92607 (714)974-1285 12E: C. U. P. 2002-04634 Hazbor Ultramaz 805 S. I~Iazbor Blvd. Anaheim , Ca. 92805 Deaz Ms. Vazquez ATTACHMENT - ITEM N0. 20 PAGE 82/02 Dec. 23, 2002 Due to the City of Anaheim Council considerations at the Dec. 17, 2002 meeting regarding Arco station at Anaheim Blvd. and Broadway ; I would like to respectfirlly request to amend C.U.P. 2002-04634 to extend the hours of the sale of beer and wine from 8.00 a.m. to 6.00 a.m. and to re-schedule the planning commission hearing from January 13, 2003 to January 27, 2003 respectively . Sincerely, ~~' Khoda B. Ostowari ~~~,~~1~425267j~~~ ~, ~ di V O 4. lx n eE~~,1~a ,,y e~,,lsfi~ ~~~, a, rte. CONDITIONAL USE PERMIT NO ~~~