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PC 2003/01/27
CITY OF ANAHEIM PLANNING COMMISSION AGENDA JAIV VARY 27, 2003 Council Chambers, City Hall 200 South Anaheim Boulevard, Anaheim, California COMM CALL TO ORDER , ~` PLAfiI G 0 <, • ST DE E»OP k MORNING v ~~ ~;', VANDERB'ILT 9:00 A.M. I' ~~ 3 AGENDA IN r NJUNCTION M A + PRELIMINARY PUBLIC COMMENTS CONSENT CALENDAR PUBLIC HEARING ITEMS ADJOURNMENT <o, '' /. ~" xa~i y i~P;~S on the agenda, please 01-27-03 Page 1 RECESS TO AFTERN ~ N PLT<~ HC RECONVENE TO PUBLh EA 1~1 ~ 0 For record keeping purpo ih"~~"u_ 5 complete a speaker card a ,Lbr~t PLEDGE OF ALLEGIANCE ~ RECONVENE TO PUBLIC HEARING 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. PLANNING COMMISSION APPOINTMENTS: Request for Planning Commission appointment of a representative to the Community Design Element Working Group being assembled in conjunction with the General PIanlZoning(Modon) Update Program CONSENT CALENDAR: d scuss to of theseEems p~ or t tthe t me of thebvoting on theymot on Iunlelss members of the Plann ng ra e Commission, staff or the public request the item to be discussed andlor removed from the Consent Calendar for separate action. ooontzTS AND RECD""R"FNDATIONS ~-- A, a) CEQA EXEMPTION SECTION 15061 b 3 AND ZONING COD AMENDMENT NO.2002-00020: City of Anaheim, Planning Project Planner: Department, 200 South Anaheim Boulevard, A oval of a draft 05 (cFlores(aynet requests Planning Commission review and app Ordinance regarding modification to parking requirements for single- SR8511GF.DOC family residences. B, a) CEOA NEGATNE DECLARATION (PREVIOUSLY-APPROVED AND CONDITIONAL USE PERMIT N0.2000-04282 RACKING NO CUP2002-0900 Main Street,J5'" Floor, rvlrneMCA192614 7321, Gamble & MA, requests a retroactive time extension to construct a 45-foot high o ice Pro ect Planner: building with roof-mounted equipment and waiver of rets located at 1 (e amboaC~anaheim.net) structural setback to a freeway right-of-way. Property 150 North Riverview Drive. SR3000EY.DOC C. a) CEQA EXEMPTION SECTION 15061(b)I3] AND RECLASSIFICATION NO. 2003-00094 City of Anaheim, Planning Department, 200 South Anaheim Boulevard, Anaheim, CA 92805, requests Planning Commission initiation of a reclassification of the Project Planner: subject properly from the CG (Commercial, General) zone to the CL vnorw~ -~ tl is located at 1201-1209 South i lj (Commercial, Limited) zone. Property' SR854 ~/ Euclid Street. ,~ `F ~_i . r' D, Request for Planning Commission concurrence to proceed with Draft , Recommended Land Use Alternative prepared in conjunctio (Mot on) _`~ General PIan/Zoning Code Update Program. E, Receiving and approving the Minutes from the Planning Co Motion) I Meetings of January 13, 2003. 01-27-03 Page 2 PUBLIC HEARING ITEMS: 2a. CEQA CATEGORICAL EXEMPTION -CLASS 3 2b. WAIVER OF CODE REQUIREMENT 2c. CONDITIONAL USE PERMIT NO. 2002-04631 OWNER: The Salvation Army 900 West 9`h Street, Los Angeles, CA 90015 AGENT: The Salvation Army, attn: Lee Lescano, 10200 Pioneer Road, Tustin, CA 92680. LOCATION: 314 North Claudina Street. Property is approximately 1.0 acre located on the northeast comer of Cypress Street and Claudina Street (Salvation Army). To permit an accessory multi-use sports court in conjunction with an existing church with waivers of a) required setback for institutional uses adjacent to a residential zone and b) maximum fence height.' `Waiver (b) has been deleted. Continued from the December 16, 2002, Planning Commission meeting CONDITIONAL USE PERMIT RESOLUTION 3a. CEQA NEGATIVE DECLARATION 3b. CONDITIONAL USE PERMIT N0.20D2-04626 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 comer of Lincoln Avenue and Muller Street (Target Shopping Center). To permit and retain an existing automotive repair and parts installation facility. Continued from the November 18, 2002, and January 13, 2003, Planning Commission meetings. CONDITIONAL USE PERMIT RESOLUTION NO. Request continuance to February 10, 2003 "" " Project Planner: ivno nvoodCa~ anahei m. n et) SR8494VN.doc Request for withdrawal Project Planner: (iramirez at7.anaheim:netl SR8475JR.DOC 01-27-03 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 Claudine 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, and the January 13, 2003, Planning Commission meeting. RECLASSIFICATION RESOLUTION NO. Request for withdrawal Project Planner: (iramirez ananaheim.netl CONDITIONAL USE PERMIT RESOLUTION NO. ~ SR8543JR.DOC 01-27-03 Page 4 5a. 5b. 5c. 5d. 5e. Sf. 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 comer of Balt Road and Brookhurst Street (Arco AMIPM 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. 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 and c) maximum structural height within 150 feet of asingle-family residential zone boundary. Continued from the January 13, 2003, Planning Commission meeting. GENERAL PLAN AMENDMENT RESOLUTION NO. RECLASSIFICATION RESOLUTION NO. CONDITIONAL USE PERMIT RESOLUTION NO. Project Planner. (iramirez oC )anaheim.net) SR8537JR.DOC 01-27-03 Page 5 OWNER: Atlantic Richfield Co., P.O. Box 512485, Los Angeles, CA 90051 6a. CEQANEGATIVE DECLARATION 6b. WAIVER OF CODE REQUIREMENT 6c. CONDITIONAL USE PERMIT NO. 2002-04626 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 Ball 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. Continued from the January 13, 2003, Planning Commission meeting. CONDITIONAL USE PERMIT RESOLUTION NO. 7a. 7b. (TRACKING NO. 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 comer 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, and January 13, 2003, Planning Commission meetings. CONDITIONAL USE PERMIT RESOLUTION NO. Project Planner: tvno nvood t7a. ana heim,netl SR8516VN.DOC Project Planner: (avazo uezCo~ an aheim. n e0 SR8487AV.doc 01-27-03 Page 6 8a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) Sb. CONDITIONAL USE PERMIT NO. 4061 (TRACKING NO. CUP2002-04649) OWNER: Dong S and Myoung A. Kim, 969 La Paz Road, Placentia, CA 92870 AGENT: Timothy Hill, Hill & HiII Enterprises, INC., 17831 Morrow Circle, Villa Park, CA 92861 LOCATION: 1652 West Lincoln Avenue. Property is approximately 1.3 acres with a frontage of 220 feet on the south side of Lincoln Avenue, located 440 feet east of the centerline of Euclid Street (Chain Reaction). Reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on January 17, 2001 and expired on November 23, 2002) to retain a public dance hall. CONDITIONAL USE PERMIT RESOLUTION NO. 9a. 9b. 9c. AGENT: Alicia Comejo, Momma's Mini Mart, 1425 East Lincoln Avenue A, Anaheim, CA 92805 LOCATION: 1287 A East Lincoln Avenue. Property is approximately 4.2-acres with a frontage of 430 feet on the north side of Lincoln Avenue, located 513 feet east of the centerline of East Street (Momma's Mini Mart). CONDTIONAL USE PERMIT NO.2002-04651: To permit retail sales of beer and wine for off-premises consumption within an existing convenience market. DETERMINIATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2002-00009: Determination of public convenience or necessity to permit sales of beer and wine for off-premises consumption within an existing convenience market. CONDITIONAL USE PERMIT RESOLUTION NO. PUBLIC CONVENIENCE OR NECESSITY RESOLUTION NO. Project Planner: (vnorwoodna anaheim.netl SR8509VN.DOC Project Planner: (avazguez(o anaheim.~e~l SR6529AV.DOC 01-27-03 Page 7 OWNER: Bonnie M. Weberg, 1360 East Maple Street, Glendale, CA 91205 10a. CEQA CATEGORICAL EXEMPTION -CLASS 1 10b. VARIANCE NO. 4322 (TRACKING NO. VAR2002-04548) OWNER: Tien Seng International, 800 South Beach Boulevard, Anaheim, CA 92804 AGENT: Daniel Burke, Network Development Associates, 929 Spring Water Street, Danville, CA 94506 LOCATION: 800 South Beach Boulevard. Property is approximately 0.93-acre with a frontage of 175 feet on the east side of Beach Boulevard, located 150 feet north of the centerline of Rome Avenue (Ramada ilnn). Reinstatement of this permit by modification or deletion of a condition of approval pertaining to a time limitation (approved on October 27, 1997, and expired on October 27, 2002) to retain accessory ground-mounted telecommunications equipment with waiver of minimum structural setback adjacent to a residential zone. VARIANCE RESOLUTION NO. 11a. CEQA NEGATIVE DECLARATION 11 b. RECLASSIFICATION N0.2002-00090 11c. WAVER OF CODE REQUIREMENT 11d. CONDITIONAL USE PERMIT N0.2002-04652 11 e. TENTATIVE TRACT MAP NO. 16489 OWNER: Phillip R. Bennett, 12361 Baja Panorama, Santa Ana, CA 92705 LOCATION: 2865 West Lincoln Avenue. Property is approximately 0.6-acre with frontage of 1 OD feet on the north side of Lincoln Avenue, located 230 feet east of the centerline of Bel Air Street. Reclassification No. 2002-00090 -Request reclassification of the property from the CL (Commercial, Limited) zone to the RM-3000 (Residential, Multiple-Family) zone, or a less intense zone. Conditional Use Permit No. 2002-04652 - To consVuct a 7-unit detached one-family residential condominium subdivision with waivers of: (a) minimum private street standards, (b) maximum fence height and (c) minimum setback adjacent to interior lot lines. Tentative Tract Map No. 16489 - To establish a 1-lot, 7-unit airspace detached one-family condominium subdivision. RECLASSIFICATION RESOLUTION NO. CONDITIONAL USE PERMIT RESOLUTION NO. Project Planner: tvnorwood ot7.anaheim.netl SR8536VN.DOC Project Planner: tcwa o n er(a)a nah iem. net) SR1107CW.DOC 01-27-03 Page 8 12a. CEQA NEGATIVE DECLARATION 12b. GENERAL PLAN AMENDMENT NO. 2002-00408 12c. RECLASSIFICATION NO. 2002-00089 12d. CEQA NEGATIVE DECLARATION 12e. RECLASSIFICATION NO. 2002-00091 12f. CEQA NEGATIVE DECLARATION 12g. GENERAL PLAN AMENDMENT NO. 2002-00409 12h. RECLASSIFICATION NO. 2002-00092 AREA 1: NO CITY ADDRESS ASSIGNED. Subject area is approximately 8.83- acres consisting of several properties located south of the Riverside (SR- 91)Freeway, north of Houston Street, west of Gilbert Street and is divided by Picadilly Way and Braeburn Street. General Plan Amendment No. 20D2-00408 -City-initiated request to amend the Land Use Element of the General Pian to redesignate several properties from the Low Density Residential land use designation to the Low-Medium Density Residential land use designation. Reclassification No. 2002-00089 -City-initiated request for reclassification of the properties to the following zone designations: Portion A-from the County of Orange designation to the RS-5000 (Residential, Single-Family) zone or less intense zone. Portion B -from the County of Orange .zone designation to the RM-3000 (Residential, Multiple-Family) zone or a less intense zone. AREA 2: CITY ADDRESS ASSIGNED: Subject area is approximately 30.4-acres consisting of several properties located south of Orangethorpe Avenue, north of Miraloma Avenue and is divided by Tustin Avenue. Reclassification No. 2002-00091 -City-initiated request for reclassification of the .properties to the following zone designations: Portion A-from the County of Orange designation to the RS-A-43,000 (Residential/Agricultural) zone. Portion B - from the County of Orange zone designation to the ML (Limited Industrial) zone. AREA 3: NO CITY ADDRESS ASSIGNED. Property is approximately 0.19-acre with frontage of 49 feet on the south side of Lincoln Avenue, located 1,280 feet west of the centerline of Brodkhurst Street. General Plan Amendment No. 2002-00409 -City-initiated request to .amend the Land Use Element of the General Plan to redesignate this property from the General Commercial land use designation to the Low-Medium Density Residential land use designation. Reclassification No. 2002-00092 -City-initiated .request for.reclassification of the property from the County of Orange zoning designation to the RM-3000 (Residential, Multiple-Family) zone or less intense zone. GENERAL PLAN AMENDMENT NO.2002-00408 -RESOLUTION NO. RECLASSIFICATION NO.2002-00089 -RESOLUTION NO. RECLASSIFICATION NO. 2002-00091 -RESOLUTION NO. GENERAL PLAN AMENDMENT N0.2002-00409 -RESOLUTION NO. RECLASSIFICATION N0.2002-00092 -RESOLUTION NO. Project Planner: tavazc uezCoZa n aheim.net) SR8541AV.DOC Ot-27-03 Page 9 ADJOURN TO MONDAY, FEBRUARY 3, 2003 AT 11:00 A.M. FOR A MOBILE WORKSHOP PERTAINING TO INFILL HOUSING PRODUCT TYPES. CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: q, ~ cam, ~-~e~3 (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND /~~ ~ /~ CO/~U-N~~C/I~L DISPLAY KIOSK SIGNED: 'VY.1Yllt'xCL! .IV I~F.CQ~ 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 Jn 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. 01-27-03 Page 10 S C H E ®U L E 2003 FEBRUARY 10 FEBRUARY 24 MARCH 10 MARCH 24 APRIL 7 APRIL 21 MAY 5 MAY 19 JUNE 2 JUNE 16 JUNE 30 JULY 14 JULY 28 AUGUST 11 AUGUST 25 SEPTEMBER8 SEPTEMBER 22 OCTOBER 20 NOVEMBER3 NOVEMBER 17 DECEMBER1 DECEMBER I5 DECEMBER 29 01-27-Q3 Page 11 L Qj _ C ' -_ ~ OJ ~ O m m ~ E ~ o o c ~ ~ E : ac°i `m m° c E ~ , ago ~ a° a,~o ~ Eycv tii ~ E°- E Emo° o c~'mo o E ~ ~' ~ c m E m, ' c a° m ~ i °' co a o ~ v om E E me mui ~ U m Ew U o y.~m Qy .° oE ~ .c vmo o c - x ~ ~ ~ w O O C `O ~ p _m ~ U~ U I° " y N' ~3o N -O ~ U> W -O ~ 0 o ~ y ~ Ema~o ° _-o ~ ~o: co .. a° o~ ¢ ~o o o ~ mmo~ o NN~ V ' Z o i Z N !? ~ . (0 ~ d ~ Z y Z :b O~ ~ O Z Z g y `~ N N y N O +_ O C y C y ` m C y ' N° E. ~ N N > ~ O N O~ y C N N N C O. 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V 3 N E C ~~ O~ ~~ N ~ T ~ O ~ C ~ ai; v v 3 O l U c 3 .. UON ° - L o N = . ~. ° cca ow d~ o o°mE 3 NO m L~ N U o O~~ ~ ~ c . O O ~p. ~ S( C 3 ' 0. y .~ ~ 'C y C U N ~ ' D N > ~ o ~ E ~ ' v yao. z ii~ o~.L . ..L. O L N m U E .C ~ U+ 7 m N N ~ . C~~ a C C W O Ill N C d d.- L (~7 ~ L N .O ~ ~ y E C~ ~ (0 O ~ 3 ~~ N ~ N N d _ ~ NN3N~N N Co a~'DO d~c'o -O °`m N Eo~ '~ o 7.. U Q U fU N U y U~ Y 7 a~ E '3o m~ `. . y ~ .. o `m m ~ ~! n. -' d j d 7 . 7 UL d O p Q i ~ N ~ V "O U N N G~ " , lU .,O7N 00'N ~ .. d~3 .O N. NV'pO 7 C _ O'NN`N l0 C~ dN p d C E m C~ G N N O C~ O N U O y E IO N N ' N E N - ~`. N > C O 0 ~ N > N ~ V V O M ~ V ~ . O. N y N~ d N : N 0 N + Q m 0 N ~ 'o' 3v E ` ~'N° ~ N m ~ ~ ~ o + m F M E ~ N a N m 0 (0 c 7 m 0) O. E ~ or d !0 w ,.. N ~ i a N N. m a N w i g W~ y <{ 10 m U N E ' fr. `'X; 3j, O O 0 / '~ ~ N N L ~ ~ ~ ~ N 0 N Y ~ C O C . ~ 'ty U N y O y Q C ' ~, NL N N y Ur. n' '3 E Boa C 3 0 o N d... a ~ E ~ o C ~ "O (0 O y. ay m p (0 m N C ca o ~ N E, o ; -~ ~ c~ o m n ~ Q. Tl, a a- ~~ O c 7~ "O U N c an d : ~ a y C O p N 1 N Q m L v ,L . 3 c C E o a . T° N O ~ N o N O E } ~ O m "O N O N N O ~ C ` N d ~ ~ m ~ d W CO ~ ~ ~ ~.. . N ~ C E p C ~ N~ O E y N CO CO n ~ . V E N o 'c .. :~. O d N 'c o 7 :r c :.. 'c oQC >od w ~m:~ cp w ~ ~ =.c U ~ C o V -o ~ ~ E v ~ ~ ~ . . . N •C . maY ~ (0 W E~ 7 O Z U' Ev° Z Z s ~> =a U X < O N ) m m c c 'E ~ ~,7 - m m ~ d „ ;~_ ~ a ~ ~ Item No.l-A -Attachment No. 2 City of Anaheim SAMPLE ON-SITE PARKING FOR SINGLE-FAMILY RESIDENCES OARAOE •': t:. ~~ J • > e f ry x w :~w;;~ HOUSE ~ .;~. 'i,0;, s ~ ;%. ;ti j;{• . ~ •.,?/Si w :iA••~` W ~•$~~ T STiIEET Driveway leads to garage which is behind fmin setback. OPEN LOCATE FRONT Z NousE w a O OARAOE y s~ ~ °i ~' ~.t U .*'~'~~j : ,~. f:: 6;{ :: W iii. ~.l; ~.,,j. ; .::i(..:.~ c • . 's:C:i:.n STREET Driveway/parking leads to garage ~ front setback (dtiveway/Parking width may reflex garage width). STREET Driveway leads m garage. Additional driveway may be permitted if they lead to parking areas ~ fmot setback, prwid~ City Traffic F.ngineer'a office permits seoo~ dtiveway art. HOUSE m 3 F ii 0 6 :• OARAOE :i.~ {L::y_y:. •' ~ - ~::: Z:: •:: m' f::. ~:'.:: y :. A .t: i~•c =~ STREET Addition of open spaces with alley access with City Traffic Fmgineete office approval. Item No. 1-A -Attachment No. 3 ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTIONS .011 OF SECTION 18.06:050 OF CHAPTER 18.06 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO. PARKING FOR SINGLE-FAMILY RESIDENCES. THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS, FOLLOWS: SECTION 1. That Section 18.06.050 of Chapter 18.06 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 18.06.050 MINIMUM NUMBER, TYPE AND DESIGN OF OFF-STREET PARKING SPACES AND AREAS. The minimum numbef• of off-street parking spaces provided for any land use shall not be less than the following numbers given for subject use(s); provided, however, that any use not listed below shall provide a minimum of nine tenths (0.9) of one space per each employee on the largest work shift, plus such additional parking as is determined to be reasonably Necessary by the City Traffic and Transportation Manager to meet the parking demand for such use. Except as expressly provided in this Section 18.06.050, where a combination of uses is proposed, the minimum number of spaces provided shall be not less than the sum total of the requirements for each individual type of use to be established. For purposes of interpretation of subsection .010 for residential uses, a bedroom is a private habitable room planned .and intended for sleeping, separated from other rooms by a door. All rooms other than a .living room, family room, dining room, bathroom, hall, lobby, closet or pantry having 70 square feet or more of floor area, or less than fifty percent (50%) of one wall open to an adjacent room or hallway shall be considered a bedroom. Further, in computing parking requirements, fractional requirements shall be rounded off to the. nearest whole number, fractions of one-half (0.5) or more being counted as one full space. For purposes of interpretation of subsections .020 and .030, "GFA" shall mean gross floor area of buildings as measured from exterior wall to exterior wall. If the GFA upon which the number of parking spaces is based is less than 1.,000 square feet (or other unit of measurement as designated herein), the minimum number of required spaces shall be prorated in direct proportion to the minimum number of spaces. required for each 1,000 square feet (or other unit of measurement designated herein). Such proration shall also apply in instances where a division of such applicable unit of measurement into the GFA produces a quotient of other than a whole. number. Unless otherwise expressly provided herein, any employee parking space requirements shall be based upon the maximum. number of employees present at any given time.. SECTION 2. That subsection .011 of Section 18.06.050 of Chapter 18.06 of Title 1'8 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".011 Single-Family Dwellings. The minimum required number of off- street parking spaces for single-family dwellings shall be based upon the total number of bedrooms as follows: Page 1 Item No. 1-A -Attachment No. 3 Total Number of Bedrooms as Defined in Code Section 18.06.050 ' Minimum Number of Spaces __ 1 - 4 bedrooms 4 (2 in a garage) 5 or more bedrooms (initial (new) residence) 6 (3 in a garage) 5 or more bedrooms (existing residences) 6 (2 in a garage) or 6 (3 in a garage) Required spaces not provided in a garage shall be provided on a paved surface or other suitable on-site location; as approved by the Planning Department, having minimum dimensions of eight (8) feet wide and twenty-five (25) feet long (if located in tandem to parking spaces enclosed with atilt-up garage door) and eight (8) feet wide and twenty (20)feet long (if located in tandem td parking spaces enclosed with a poll-up garage door), measured from the garage door to the nearest edge of the pedestrian walkway or property line, whichever is the lesser distance. Spaces located in tandem to a garage may be permitted to encroach into the required front setback. All other spaces require approval'of the Planning Director, or his or her designee, shall be located outside of the required front setback area and shall conform with Engineering Standard Detail Nos. 601 and 802 entitled 'Minimum Off-Street Parking Dimensions.' SECTION 3. EXEMPTIONS Nothing contained in this ordinance shall apply to any single-family which lawfully existed within the City of Anaheim at the time this ordinance became effective; provided, however, that any remodeling or addition to anon-conforming dwelling which results in an increase in the number of :bedrooms shall comply with the requirements of this ordinance or be subject to the approval of the Planning Commission, Zoning Administrator and/or City Council through a variance proceeding as set forth in Sections 18:03:040;18.06.080 and 18.12.060 of this Code: - Nothing contained in this ordinance shall prevent the City from (i) finalizing a valid building permit to construct additional bedrooms for which a valid building permit was issued prior to the effective date of this ordinance and provided said permit has not expired; or {ii) approving applicable building permits to construct any single-family dwelling for which a valid tract or parcel map with final plan approval was granted prior to the effective date of this ordinance and provided said entitlementhas not expired. SECTION 4. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. Page 2 Item No. 1-A -Attachment No. 3 SECTION 5. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which-- -- -- violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance., insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 6. PENALTY It shall be unlawful for any person, firm or corporation to violate any provision or to fail to comply with any of the requirements of this ordinance. Any person, firm or corporation violating any provision of this ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding one Thousand Dollars ($1,000.00) or by imprisonment not exceeding six ((i) months, or by both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this ordinance is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefor as provided for in this ordinance. THE FOREGOING ORDINANCE is .approved and adopted by the City Council of the City of Anaheim this day of , 2003. MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ) ss. CITY OF ANAHEIM Page 3 i I TEI~ N0. 1-B RI EV RSIDE FREEWAY CL 78-79-06 77-78-64 11 CUP 2002• 576 CUP 2692 OFFICE BLDG. ~~ n ~2 02 ~O ~Q a 76-7946 77-76-84(1) CUP 2773 OFFICE eIDG. 78-79-06 1RACT NO. 10983 anna6oo 76.79-0fi 77.78b413) V-3416 V3196 /~ ALL PROPERTIES ARE IN THE (SC) (SCENIC CORRIDOR OVERLAY) ZONE ~O e,~~~~~ ~O S~, Conditional Use Permit No. 2002-04282 a ~' "` Subject Property TRACKING NO. CUP2002-04650 Date: January 27, 2003 Scale: Graphic Requested By: BREWSTER JOHNSON AND MITCH RITSCHEL Q.S. No. 219 REQUEST FOR RETROACTIVE EXTENSION OF TIME TO CONSTRUCT A 45-FOOT HIGH OFFICE BUILDING WITH ROOF-MOUNTED EQUIPMENT AND WAIVER OF REQUIRED STRUCTURAL SETBACK ADJACENT TO A FREEWAY RIGHT-OF-WAY. 15D North Riverview Drive sss >~'~ QO ~O O~ ~~ P P~P~O 01/22/2003 14:08 FA% 949 553 8354 ALLEN MATI{INS-OC X1002 ~4TTACHMENT - ITEt•1 tJO, 1-© i Allen Matkins Leck Gamblle & Mallory LLP atromeyJ a! faw y~~~ ~,~ ~~~,~ I ce9ephonen 949 553 1313 t f9 slmilee94a(3 553 835447w~wi.allenmaLkltis.com wrikr. Breav:ter Johnsen t 949 8~1 5628 the nom6or. E291~OOB/OC851259.0~ e. 6John:an@vllenmetldns,eom Jan ~2 x(103 1~~~(jliAJZq~~ '~'- >-- VIA FACSIA~)/ AND ^'~ -dA~9 2003 FIRST CI,AtiS5 MAIL s~eEivao ~ PLdiHMld6 II~CPAR~~M~ Zo¢ing Division of the Planning Department `r6 2, City of Analil.>im 8L 9 S b~' 200 South Anaheim Boulevard Anaheim, CA 92805 Attn: Mr. John Ramirez {~{ Re: Extension of Time -Conditional Use Permit No. 20b0-04282 ("CUP") Dear Mr. Ranrirez: This i"trm represents EOP-East Bills Land, L.L_C, ("EOP") ~n co>mection with the above- referenced CIJP. EOP is the owner of the real property that is desdribed in•and subject to the CUP (the "Property"). I had previously sent a letter to Amy Vasquez at the City of Anaheim on December Z, 2002, the purpose of which was to request a one (1) year extension oftime in order to complete the conditions of approval contained in the CUP. A copy of the December 2nd letter is enclosed herewith. ; Thi, fetter has been sent at the request of the City of Anaheim, to explain the reasons EOP has requested an extension of time to comply with the condi ons of approval, Like most property owners, EOP bas been affected by the current mazket co 'tions that exist is Southern California along with the ongoing downturn in the economy in gex}eral. The continued economic slowdown has made it extremely difficult fox EOP to locate the pa}ticular class of tenant needed to complete the project contemplated by the CUP in a satisfactory •tnanner. In addition, EOP has had to deal with these economic effects in the context of acquiring this property through its merger with Spieker Properties in 7uly ofl2001. At the time of the merger EOP did not expect the economy, and in particulaz the Southern California economy, to remain in such an extended downturn. As a result, EOP has been 4n an ongoing process of re- examining strategies as they relate to the various properties acquired through the merger in order to ensure that the properties in question aze developed to the high $tandazds EOP sets for itself and its prochu:t. ; In short, the current market conditions coupled with the r ' ent merger has made the development of the Property during this time extremely difficult ehd EOP believes that an I ••----- n_...,... Gnrnrv City i l Los /'Jrseelea San Diego San Francisco 0 / 2/200.3 14:09 FA% 949 553 5354 ALLEN MATRINS-OC ~ 003 Allen Matkins Leck Gamb]~e & Mallory r.rp m[amryi at law ~ Zoning Divi:;ion of the Planning Department 7anuary 22, 31103 Page 2 ', extension of time is necessary to allow EOP to fulfill the conditions of approval and continue with the development. i Please: do not hesitate to contact me should you have any q~estions regarding the. foregoing or i f I can be of assistance in any way. Very truly yours, C ~-- ' rewstet Johns ' BJJ ' Enclosure ' cc: Jeffrey S. Arnold, Esq. (via facsimile) Michael Sanford (via facsimile) ~, R. Ivlichael Joyce, Esq.... _O1/22/~009 14;09 PA% 949 553 8354 l~ri ~~$~1115 December ~, 2002 VIA. FEDF:X ALLEN MATRINS-OC f¢J004 ATTACHMENT - ITEt1 tJO. t-B i Allen Matlsins Leck Gaaxl?le &Mallory LLP ateomeyJ at taw ~ ~ 1900 Maln Street 5th Floor Irvine Call~omis 9Zeid7321 _ _ 1. telephone, 949 553 1313 facsimile. 5149 553 8354 vrxw.ailenmetkiris,cam I wnlw. BrewsrerJohnson t gag E~51 S62a fila number. ~f:2915dO510C841055~01 o_6fohnsar~ellaranoUdns.cam ( Zoning Division of the Planning Department City of Anaheim 200 South Anaheim $oulevard Anaheim, C.'t 92805 Attn: Ms. Amy Vasquez + I Re: lxxtension of Time -Conditional Use Permit No. 200D-D4282 ("CUP") i DearlVls. Vasquez: This; lYrm represents EOP-East Hills Office Pazk, L.L.C. ("~,OP") in connection with the above-refeteitced CUP. EOP is the owner of the real property that is described'in and subject to the CUP. ' In order to provide EOP with substantial time to comply w}th the conditions of approval contained in the CUP, the City of Anaheim previously granted to SOP a one (1) year extension of time which is set to expire on December 4, 2002. In order that EOP may Damply with the conditions oi' approval contained in the CUP, EOP hereby request3 that the Zoning Administrator, Planning Commission or City Council (each as defined in the Anaheim Municipal Code) grant a second one (1)~year extension of Ame (as provided iii Section 18.03.090 of the Anaheim Municipal Code) for completion of the conditions of ap~roval contained in the CUP. . Pursuant to'the City of Anaheim Planning Department's instructions, enclosed with this letter are eight (8) sets of photos of the property that is subject to the CUP as well as a check in the amount of Three Hundred Six Dollars ($315.00), which amount covers the filing fee for the extension of time to complete the conditions to the CUP ($249.00) and the code enforcement inspection ft:e ($66.00). I Orwee Coss¢ry Crnmrv Giry Los Absgrles Sao Dicgo Sao Frsacisco 01/22/2009 14:09 FA% 949 559 8954 ALLEN MATRINS-OC ~ 005 Allen Matkins Leck Gaml?le & Mallory LLP attorneys a( lour Zoning Division of the Planning Department Decembea• 2, 2002 Page 2 ' Please do not hesitate to contact me should you have any q~estions retarding the foregoing. ~ i very roily yours, ~~,~ ' Brewster 7ohnson BJJ ' Enclosure cr. JeffrE:y S. Arnold, Fsq. (via facsimile) R. AZichael 7oyce, Esq_ ATTACHt1EtJT - ITEM tJO. 1-B MEMORANDUM CITY OF ANAHEIM Code Enforcement Division DATE: DECEMBER 16, 2002 TO: ELAINE YAMBAO FROM: BILL SMALL, CODE ENFORCEMENT SUBJECT: INSPECTION OF THE PROPERTY AT 150 N. RNERVIEW FOR EXTENSION OF CONDITIONAL USE PERMIT #2001-04491. I inspected the property at 150 N.Riverview on this date, and found it to still be a vacant lot. No evidence was appazent that construction had begun. I was unable to confirm compliance with any of the previously approved resolutions. ATTALNHEfdT - ITEH N0. 1-8 RESOLUTION NO. PC2000-134 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2000-04282 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of Galifornia, described as: ; PARCELS 5, 6 AND 7 IN THE CITY OF ANAHEIM, AS SHOWN ON A MAP FILED IN BOOK 196 PAGES 33 TO 35 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY::. TOGETHER WITH THAT PORTION OF PARCEL 4 OF SAID PARCEL MAP SHOWN AS PARCEL 4 ON THAT CERTAIN "LOT LINE ADJUSTMENT PLAT NO. 138" RECORDED AUGUST 7, 1985 AS INSTRUMENT NO. 85-292477, OFFICIAL RECORDS. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 4, 2000 at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against.said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and. 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., 18.84.062.030.031 and 18.84.062.032 to construct a 45- foot high office building with roof-mounted equipment and waiver of the following:. Section 18.84.082.010.011 - Required structural setback adjacent to a freeway: (minimum 100 feet required in the Scenic Corridor Zane Overlay; 28 feet proposed adjacent to the SR 91/Riverside Freeway) 2. That the waiver is hereby approved. on the basis that the special circumstances apply to this property due. to its irregular shape; and that denial of this waiver would deprive the property of privileges enjoyed by other. properties under identical zoning classification in the vicinity and which also abut the Riverside Freeway_ 3. 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:.: 4. That the size and shape of the site for the proposed use is adequate to allow full development of the proposal 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 carry the traffic in the area.: 6: That granting of this conditional use permit, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 7. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CR4960PK.doc -1- PC2000-134 CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to construct a 45-foot high office building with roof= mounted equipment and waiver of required structural setback adjacent to a freeway on an irregularly- shaped 4.3-acre property located at the northeast corner of Santa Ana Canyon Road and Riverview Drive, having frontages of 790 feet on the north side of Santa Ana Canyon Road and 340 feet on the east side of Riverview Drive, and further described as 150 North Riverview Drive;. and does.hereby approve the Negative Declaration upon finding that the declaration reflects the independentjudgment 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 1T 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 Citfzensof the City of Anaheim: 1. That a private water system with separate water service for fire protection and domestic water shall be provided. Said information shall be specifically shown on plans submitted for building permits. 2. That the water backflow equipment and any other large water system equipment shall be installed to the satisfaction of the Water Utility Division in either (a) underground vaults or (b) behind the required street setback in a manner fully screened from all public streets. Said information shall be specifically shown on plans submitted for building permits. 3. That because this project has landscaping area(s) exceeding two thousand five hundred (2,500) square feet, a separate irrigation meter shall be installed in compliance with Chapter 10.19 "Landscape Water Efficiency" of the Anaheim Municipal Code and Ordinance No. 5349. Said information shall be specifically shown on plans submitted for building permits. 4. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim an easement twenty (20) feet in width for water service mains andlor an easement for large meters and other public water facilities: 5. That prior to applying for water meters, fire lines or submitting the water improvement plans for approval, the developer/owner shall submit to the Public Utilities DepartmentlWater Engineering an estimate of the maximum fire flow rate and the average day, 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-site water system improvements required to serve the project shall be completed in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules and Regulations. 6. That the legal property owner shall provide the City of Anaheim with a public utility easement to be determined as electrical design is completed. Said easement shall be submitted to the City of Anaheim prior to connection of electrical service. 7. That all padmounted equipment shall be screened. Said screening shall be specifically shown on plans submitted for building permits. 8. That the sewer and storm drain improvements within the project shall be privately maintained. 9. That the legal property owner shall offer for dedication the corner cut-off at the intersection of Santa Ana Canyon Road and Riverview Drive for a street and utility easement. 10. That gates shall not be installed across any driveway in a manner which may adversely affect vehicular traffic in the adjacent public streets. Installation of any gates shall conform to Engineering -2- PC2000-134 Standard Plan No. 609 and shall be subject to review and approval by the City Traffic and Transportation Manager prior to issuance of a building permit. Said information shaltbe specifically shown on plans submitted for building permits.. ` '" 11. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with the most current versions of Engineering Standard Plan Nos. 436 and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. Said information shall be specifically shown on plans submitted for building permits.:... 12. That all driveways shall be constructed with ten (10) foot radius curb returns as required by the City Engineer in conformance with Engineering Standard No. 137. Said information shall be specifically shown on plans submitted for building permits; 13. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor uses. 14. That an on-site trash truck turn around area shall be provided in accordance with Engineering Standard Detail No. 610 and shall be shown on the plans required by the Department of Public Works, Street Sweeping and Sanitation Division. Said information shall be specifically shown on plans submitted for building permits. 15. That a plan shall be submitted to the Traffic and Transportation Manager showing the loading space for trucks, in conformance with Code Section 18.06.060 "Truck loading requirements." Said information shall be specifically shown on plans submitted for building permits. 16. That plans shall be submitted to the City Traffio and Transportation Manager for review and approval showing conformance with the Engineering Standard No. 137 pertaining to sight distance visibility for sign or walllfence locations. Said information shall be specifically shown on plans ' submitted for building permits. 17: That the property owner/developer shall pay for implementation of the Split Cycle Offset Optimization Technique system ("SCOOT') at the intersection of Riverview Drive and Santa Ana Canyon Road, and at the intersection of Santa Ana Canyon Road and Weir Canyon Road. The implementation includes new traffic signal equipmenUcabinet, using/installing 2070N traffic signal controller and SCOOT loops at an estimated cost of twenty five thousand dollars ($25,000) per intersection. - 1 B. That trash storage areas shall be provided and maintained in location(s) 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 adjacent streets, highways or freeways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one (1) gallon sized clinging vines planted on maximum three (3) foot centers, or tall shrubbery Said information shall be specifically shown on plans submitted for building permits. 19. That a plan sheet for solid waste storage and collection and a plan for recycling shall~be submitted to the Public Works Department, Streets and Sanitation Division, for review and approval. 20. That three (3) foot high street address numbers shall be displayed on the roof of the building in a color contrasting to the roof material. The numbers shall not be visible to adjacent streets or properties. Said information shall be specifically shown on plans submitted for building permits. 21. That lighting fixtures shall be down-lighted and directed away from nearby residential properties to protect the residential integrity of the area. Information so-specifying shall be shown on the plans submitted for building permits. -3- PC2000-134 22. That all roof-mounted equipment shall be subject to Anaheim Municipal Code Section 18.84.062.032 pertaining to the Scenic Corridor Overlay "(SC)" Zone, including that notes shall be included ort the building plans indicating that the roof-mounted equipment shall be limited to ventilation fans and that ail roof-mounted equipment shall be painted and maintained to match the roof. Said information shall be specifically shown on plans submitted forbuilding permits. 23. That the owner of subject property shall submit a letter to the Zoning Division requesting termination of Variance No. 3882 (waivers of minimum structural setback and required site screening to construct a 3-story commercial office building). 24. That landscaping and irrigation plan(s) for subject property shall be submitted to the Zoning Division for review and approval. Said plans shall show the following: a. Minimum twenty four inch (24") box sized for all trees planted on the property; ' b. Landscape screening for all above ground equipment and retaining walls; and c. Gode-required vines planted on maximum three (3) foot centers to screen trash enclosures and mechanical equipment enclosures. Any decision made by the Zoning Division regarding said plan(s) may be appealed to the Planning Commission andlor City Council 25. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased andlo~ dies. 26. That all existing mature landscaping shall be maintained and immediately replaced in the event that it becomes diseased or dies: 27.' That the locations for future above-ground utility devices including; but not limited to, electrical transformers, water backFlow devices, gas, communications and cable devices, etc., shall be shown on plans submitted for building permits. Such plans shall also identify the specific screening treatment of each device (i.e., landscape screening, color of walls, materials, identifiers, access r points, etc.) and shall be subject to the review and approval by the appropriate city departments. 28. That if required by the Urban Forestry. Division of the Community Services Department, street trees shall be installed by the property owner within the public right-of-way adjacent to Santa Ana Canyon Road and Riverview Drive. The size, type and number of trees shall be provided to the satisfaction of the Urban Forestry Division. 29. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 30: Thaf signage for subject facilityshall be limited to one (1) commercial identification sign as part of a maximum thirty six inch (36") high., decorative wall and one (1) wall sign for the subject office building in conformance with Chapter 18.05 "Outdoor Advertising" of the Anaheim Municipal Code. Prior to issuance of a sign permit, the developer shall submit sign plans to the Zoning Division of the Planning Department for review and approval 31. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 12, and as conditioned herein. 32. 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, 6, 7, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21, 22; 23, 24 and 27, above-mentioned, shall be complied with. Extensions for further time -4- PC2000-134 to complete said conditions may be granted in accordance with Section 18:03.090 of the Anaheim Municipal Code. 33. That prior to final building and zoning inspections, Condition Nos. 28 and 31, above-mentioned, shall be complied with. 34. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim 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 December 4, 2000. eprl~tnal algrred by John hoool CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: IOrigiral signed by Margarita Solorio) SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on December 4, 2000, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this day of 2000. .. ~- ~' SECRETARY, ANAHEIM CITY PLANNING COMMISSION -5- PC2000-134 1TEt1 N0. 1-C E~ JUNG AVENUE I RM-1200 1 I ~-7 DU EACH ~00 ~ 7 DU EACH DU BOWLING STREET RS-7200 DU EAC CL 5455-17 CUP 1266 V-1865 S V-1542 BALL-EUCLID SHOPPING CENT BALL ROAD CL 5T-66.23 SMALL OFFICES CG RCL2003-00094 61-62-27 OFFICE /`\ CL 61.62-27 57-se-zs CUP 2002-04629 SMALL SHOPS & OFFICES _. RS-7200 ~ 1 DU EACH CL 63.5426 CUP 3093 CUP 916 CUP 278 V•3247 V-1971 5 V-1776 S NEIGHBORHOOD SHOPPING CENTER sa ~+ saze s~- 2e O 3 CUP 3093 y 32<7 V.32d] V-0R15 RESTAURANT CHIRO- PRACTOR H W W f- J U W CL 6465-117 CUP 693 SHOPS m oZ ^w f ~a RM-1200 TT NO. 10434 PALM VIEW APARTMENTS 168 DU L F w w K r rn F 0' w m RM-1200 PALM VIEW APARTMENTS 166 DU ~- 2os ~-~ T ~ ~ r fY vi..}.~s...^°N w w ~ ~ CL N V1 LAW FFlCES Z z z LL CI PALM LANE CL RCL 64-65A6 63-64-69 RM•1200 V-3420 63-64-69 sMAU. srloPS APARTMENTS uauoR CO Reclassification No. 2003-00094 Subject Property ~ ~ Date: January 27, 2003 Scale: 1" = 200' Requested By: RUANE ANTHONY; MILLA TRUSTEES Q.S. No. 49 REQUEST PLANNING COMMISSION INITIATION OF A RECLASSIFICATION OF THE SUBJECT PROPERTY FROM THE CG (Commercial, General) ZONE TO THE CL (Commercial, Limited) ZONE. 1201-1209 South Euclid Street sfi6 Direction Land Use Zonin General Plan Desi nation::: North, (across Fast Food Restaurant CL General Commercial Bali Road Northeast (across Baii i Restaurant CL General Commercial Road Eas€(across Commercial Businesses 8 CL & RM-1200 Medium Density Euclid Street artments 'Residential 'South IMedicafOffices CL General Commercial SR8544VN.DOC DISCU; =e a F a F a F _e 'C RECOP 7 ) ( ?: n tl n (' Page 2 ITE11 N0, 2 Gm~ 9~ MM~ 5~ {OP ~t P~ C z` ~a z Conditional Use Permit No. 2002-04631 ~ ~: Subject Property Date: December 16, 2002 Scale: 1"' = 200' Requested By: THE SALVATION ARMY Q.S. No. 83 TO PERMIT AN ACCESSORY MULTI-USE SPORTS COURT IN CONJUNCTION WITH AN EXISTING CHURCH WITH WAIVERS OF: (A) SETBACK FOR INSTITUTIONAL USES ADJACENT TO A RESIDENTIAL ZONE (B) MAXIMUM FENCE HEIGHT. 31A North Claudina Street -Salvation Army ass NCL- G G G ORE 5T (~,\ ~1 \ \ \ ~1 gyGPN',~ sr8531vn Page 1 t~ Fountled in 1065 ORA~G[fOUHTY AD\'gORI'DOARD BeadMe, Davltl - Bolden Palmer, Berry a~acme Caro. Mlke Carom, Mlae Cas011oCcu, Wanda Cnry. E. Avery (Pala) 9avk, Julle Duppm, Or. JaeOua FrcemaR Edward GIICMS4 Don Harq, Or. Carolyn Henlry, Opy HewFJ. Or. John "Rocky" Hunt ram ImmelLCharlene Johmon, Woman C. Jonas. Hawartl KnoC Slave Landspom, Jan MuIIIR Davs Mlpm, Or. N Mordson, Sharon Poder, Charles PnNar. Chlp ScMUd, Richard Tanall JacQUeryn Throhle, R David Walden, Joann WIeDe, Karl wlnrt cahnmle Llle IAem~ers Apeman, Victor Grhel Fnnels Moriarty, Ruth Ann Tartw14 Baby WeNe. Wlldam ATTACHMEIJT - ITE11 N0. 2 Prange County Coordination ,~ ~1,1 10200 Pioneer Road p Tustin, CA 92782-1410 ~~f (714) 832-7100 ~ FAX (714) 832-2361 ~ D~cp~ J~~ wwwsalvationarmyoc.org _~' January 8, 2003 Vanessa Norwood City of Anaheim Planning Department 200 S. Anaheim Blvd. Anaheim, CA 92801 RE: Youth Sports Court Dear Vanessa: In Order to hold a Community meeting on our project and still give the city staff an opportunity to put together their report, we would like to request a further extension of our planning commission hearing to February 10, 2003. We will be holding our community meeting on January 20'h at 7:00 p.m: at the Salvation Army church at 201 E. Cypress, Anaheim. If someone from your o$ce would like to attend. ' cerely, \ ~'.-~~ Dick Davenport Orange County Property Coordinator DD:pd enclosure: List of names for community meeting. FwV f r~Q~ ~' 11'llllum uW CelhrrOm Duulh John Lemm~ Linda Ilund Alfrrd It. \'m S'IceF Lrr K. Le.nnu rnmWen GaKnl Teniwriul Cnnmmnder Ilivisiunul CnumulWcr Omnpe Cnwnc (lauJilwlur Cynthia Wazd 123 Melrose Street Anahem, CA 92805 Dr. William H. Koon 412 N. Janss Street Anaheim, CA 92805 Michelle L. Lieberman 319 N. Hazbor Blvd. Anaheim, CA 92805 Larry & Dinah Tongerson 216 N. Claudina Street Anaheim, CA 92805 Toni Swann-Pazdigno 824 N. Clementine Anaheim, CA 92805 Sandy Hightower 506 S. West Street. Anaheim, CA 92805 Bazbaza Gonzalez 330 South Ohio Street Anaheim, CA 92805 I TEP1 Nn-3- ML RCL 53-5419 ADJ 2002-00226 SMALL INDUSTRIAL FIRMS RM-3000 RCL 98-99-11 RCL 95-96-05 RCL 67-88-24 RCL 63-64117 RCL 53-54-17 CUP 3668 ADJ 123 CONDOMINIUMS ML 53-54-19 V-3404 SMALL IND. FIRMS F w ~ RM-1200 N RCL 69-70-27 ML w RCL 53-.5419 VAR 2204 RCL 53-54-19 SMALL IND. j APARTMENTS FIRMS ~ 104 DU N N CG RCL 92-93-04 RCL 67-68-26 RCL 66-67-14 RCL 53.54-19 CUP 2002-04626 CUP 3589 CUP 3104 VAR 3815 VAR 2476 VAR 2355 S VAR 1945 S 751' cL RCL 68-69-53 RESTAURANT a 1 DU EACH O x w PENHALL GOMP, PENHALL WAY ML 72.73-27 53-5419 SMALL IND. FIRMS Q Z w U W 0: U SMALL COMMERCIAL SHOPS 8 OFFICES CL n 65-66-52 '" 53-5419 ~ `~ CUP 3034 m LINCOLN AVENUE = RS-A- g U _ 43,000 3 O 43 000 V 4 84-85-36 90-91-1 (Res of InL ~ ~ ~ - 62 V•3485 to CO) MED. MEDICAL VAR 4098 _ CENTS OFFICES ME DICAL OFFICE: Conditional Use Permit No. 2002-04626 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 Canter a7o Sr8542Jr Page 1 JRN 16 '03 08~33RM SUt~IHELT PROPERTY MRNRGEMEMT CO. P.1/1 ATTACHHEtJT - ITEf1 IJO. 3 Sl1N~ELT fvlflNAC;EMEN'f C®RAPP.NY° ~~" `°1J a ~p3 o .,fur EtVEO .. `~9,. OEPP~ZM _ VIA FACSIMILE AND U.S. MAIL (714) 765-5280 January 16, 2003 Mr. John Ramirez Planning Department CITY OF ANAHEIM 200 South Anaheim 61vd, Anaheim, CA 92805 RE: #220 ANAHEIM CONDITIOPIAL USE PERMIY A-1 AUTO SERVICE Dear John: Please accept this letter as our request to withdraw the Conditional Use Permit Application #2002- 04626. hwill he contacting you in the near future to discuss our alternate plans for the current A-1 Auto Service site. Thank you for your help and cooperation with this project. Sincerely, ~~~ Keith Francis KF:ct cc: Michael W. Holmes Robert E. Griffin Christian A. Young H;\CTVCFlt22WR KF. C.U.P. A-0 Amo Service. 07.1603.dac 'DOING BUSINESS IN GAUFORNIAAS SUNBELT PROPEIt1Y MANAGEMENT COMPANY TELEPHONE (858) 55419 5405 MOREHOUSE DRIVE,SUfTE 250 SAN DIEGO, t_q 92121 FACSIMILE (~ 554-1985 I I tM ilU -\ ~, 1 \ `y P`BERTPST. ~p cn c4~ mG~ ~mnN 7 ,~i 1 T°o o\ Z __.~nORE ST i ~ ~ GSHO _ RS-5000 ~ ...... o ~ f ? G ~ y y N GO R~50pp i ~ ~ ) N p A~ C ~ 2 \~J ~I 0 Reclassification No. 2002-00084 ~ ~~~ Subject Property Conditional Use Permit No. 2002-04614 Date: December 2, 2002 Scale: 1" = 2D0' Requested By: INC AN-LO Q.S. No. 83 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 N0.2002-04614 - TO ESTABLISH LAND USE CONFORMITY WITH EXISTING ZONING CODE LAND USE REQUIREMENTS AND TO EXPAND AN EXISTING LEGAL NON-CONFORMING RETAIL CENTER AND TO PERMR 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 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 LANpSCAPED SETBACK ABUTTING A RESIDENTIAL ZONE BOUNDARY 400-424 North Anaheim Boulevard and 407-417 North Cleudina Street 482 ':: CHGKIiKUI (3) Thee foot cent (Re des land Sr8543jr (4); At ani prc pel rec RECOMP (5); TI Page 2 Page 1 of 1 ATTACHt1ENT - ITE11 N0. 4 John Ramirez From: BILLTAORMINA@aol.com Sent: Wednesday, January 22, 2003 10:40 PM To: John Ramirez Subject: Re: Withdrawal To: John Ramirez From: Bill Taormina RE: 400-424 N. Anaheim Blvd. Date: 1/22/2003 V,, "R This a-mail shall serve as my request to WITHDRAW my current application for zoning changes, variances, and conditional use permits with regard to my properties at 400-424 N. Anaheim Blvd. As we have discussed, due to the new Anaheim General Plan Amendment, neighborhood concerns, and the desire to develop the best possible product for the good of the city of Anaheim, I have decided to completely re-design the entire project from the ground up. I am currently working with three architectural firms on this project and will make my final decison as to a preliminary design within the next few weeks. Once I have this design,l will request a courtesy meeting with you and your staff so that we might review this plan informally prior to my submittal of same for a public hearing. Johri, on behalf of myself and the businesses and residents of the Downtown Anaheim area, I thank you in advance for your patience and cooperation. c.c. Greg McCafferty 1/23/2003 ITEM N0. 5 ~ ---~_-~-- ~ L-----'I CL RESTAURANT ' II - _ - P I T T yyr6,T VA CANr I CL I CL _. J CL BROOKHURST SHOPPING 98-99-71 98-99-11 CENTER 54-55-7 54-SSdO T-CUP 2002-04374 CUP 2002-04529 VAR 4383 ~ CUP 3960 WALGREENS CUP 3140 ~~ CL CUP 7220 98-9&17 RM-2400 CUP 7041 CUP 962 BROOKHURST SHOPPING CL sa-ss-7 TRACT NO. 5162 T-CUP 2002-04374 69-90.55 BANK CUP 399 CENTER WALGREENS 67-68-6fi V-2863 62-63-113 V-21515 V-2005 I~ cL V-0216 I 1 CL 98-B9-i7 V-12115 I I sa-55-IB CL BROOKHURST SHOPPING cuP 2882-04529 cL 54-55-7 CUP 1295 98-99-71 5q-55.7 111 DU RESTAURANT CENTER CUP 3980 T-CUP 2002-04314 CUP 2173 J X VAR 4363 RE9TAURANT WALGREENS BALL ROAD ANAHEIM CITY LIMITS ~ _ 86q'~ CL ~ 9 Q g g'~ CL •- RCL 2002-00067 ~ @ ~ ~ P ~;~ B&99-11 pq; CUP 2802 04641 ° - L1J ~ ~V 5A:1 g 6gTB CL ~~ GPA 2002-00407 t ~? m ~ E N 99-06 SMALL RESTAURAM P ,~ (CUP 2002-04530) w C ~~ 6HOP5 ~ (n CL 9&9&11 5G57-70 ~ B 86 CL CL ~ CUP B 9&9&11 V-0288 LL 1 1 CL d~ ~ CUP 3643 CUP 1294 UP 918 p a9a3 p 8&99-11 CUP 3859 = SHGPP NG CUP BIB CENTER CL 64-65-06. VAR 4211 Y V-1154 O THE VILLAGE SHOPPING CUP 667 BtENVILLE AVENUE CUP 4452 NARSST CENTER CUP 4256 _ ~ O VILLAG CUP 3932 eo-99-n ~' SHOPPING LENTER CUP 636. S&59J8 rD. GIP 3859 (CUP 2209 W) CUP 3it0 VACANT snors SERVICE STATION c L ea-a e -1t se59-39 d cuPlesz Tra No 10694 J.C. F w 70-71-9 y Z 9a-Bat1 CUP 1196 g ~~B V-3120 w _ , cuP5e1 V-2196 $ ~ vales VAR 1196 cL BROOKHURST VILLAGE = ee-9st1 CONDOMINIUMS 5&bBae GIP iTeS GIP 1839 MONIF~SORI General Plan Amendment No. 2002-00407 - Subject Property Reclassification 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 NO. 2002-00407 -TO AMEND THE LAND USE ELEMENT OF THE GENERAL PLAN TO REDESIGNATE A PORTION OF THE PROPERTY FOR THE LOW DENSITY RESIDENTI AL pESIGNATION TO THE GENERAL COMMERCIAL DESIGNATION. RECLASSIFICATION 2002-00067 - 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 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 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-FAM ILY RESIDENTIAL ZONE BOUNDARY 1201 SOUTH BROOKHURST STREET -ARCO AMIPM SERVICE STATION 534 sr8537jr (4) Thin throe Com Land land' Broo Page 2 (~ Page 3 (a) ii I t t k ' ' " y ~~ 3 ~ •~• ~ ? 4 }t' i r ~ '~ Y Y N } "l '^5 r Density S Y1~ l ~ r!'- d~ L. } 5} E tt d t v S r F~ Y. ~ J+ ~ J ~ H L.,?/ 3 y~Typ~c~al x f 2 Range j z potentlaf~ v~ s e ma L~nti Use ,~ ~~ Approximate ~~ ` ~, ~, I l t tt s DU x s D (t U t ~ Average Da71y ~~@~igtiattort~ ~~ ' "~~ ~~ ,Acres ~ ~ fnp emen a on ~~~~ ( sper~ ~~ s we mg n ts ~ r ~ AD r 'Trl s ( TI ~° ~ <~~~ a ~ `~~ : ~ h~,Zgnes~ ~ ~~ gross ~~" (Aug°~to Max ). . t y*~ P x , , ~ ~ ~ ` ' ~ ~~~ r ~' ~' ` ' ' `fit ~ X r ~ t (Aug fo Max ) ~ ~ "4' ~ ~ x ~ , ~ < ,. ^ "` '' ~aere , ~ ) , ~ } -' „F3~.... ,.,.,r. ....x,... ~ ~._,.u.~.~.„. Gaza ~.. ~r , ~. ~..~..:i , r, ; "~z. ~ y, ,~,f,.~ _~, Low Density; RS-10,000 0 -4.3 3.3 -4 31 -~38 1.13 Residential RS-7200 0 - 6 4.7 - 6 45'- 57 ~ ~~; ~ ~ Denstt ~ c r €'~ ~,~ x'~;-y ~ ~~~ Syr k~*~ ~ ~~ ~ ,~ x ,~~ P 1~ ~ L ~ )c ~ y ~ ~ ~, Ra e ~~ , ~ ~~ ~ ~ t tt t ~ ~ Eshrnatetl, ~, land se~~ 4 ~ A roxff afe~~, pp rp ~ ~ a ~%~~P ~ ~ ng ~~~ ~ ~~,Qn a ~, en ~ ~- r f Average Dafi ~Des~i iYa~ian~t J ~ i ~`Ac~es'"~~ , : I~p(em~ntatiyanw (DU's pet ~ t pNteiltng Unlts y T i ~ AD g ~~ ~ ~x ~ ' t r . ~ ~ ~~ ~ ~~ ~~ v ~ ~;~ ~~~ 2p6e;'~~ , ~ ~ R ` QC"as~~ ~~~a~ ~ ~ , ~ (AVgatt) Main) ~ ~ ,~ ~ r ps ( ~ Av to Ma~C ' ` s -r4wrC~, 6,~ti:/b a .e,Yx+ ~~ 3~ » sb d N»~+.,,..X_d. ... tG ~ 4.Yis;x s G{ ,.?a o.~2 da =x-v~-4'.u ~ General ~ ;1.13 CL N/A N/A 693 Commercial (12) The proposed General Commercial land use designation is inten< encourage the development of a wide: variety of commercial uses commercial offices, and a variety of small retail: businesses. This implemented by the CL (Commerciailimited) zohe. (13) Staff believes that the General Commercial land'use designation' property as the property is currently developed with a commercia complement the'existing commercial uses to the north and`easta Brookhurst Street and Ball Road. Page 4 pirectiort Proposed fpraposed,~ Propas®d ' "'rProposed ' Code s~ , ~ ~~ nt®n~ ~Cp ti bra ~~~ GarllUas~ x ~ ~~~ 'G'anopy ~ „, Landscaping Required ~~ ~ d ~ n e e MarKe~ ~a , z ~ ~' `Setbacks rr e, N ~Set6acks „ lNitlth ~ Landscaped `~ ~ sf ~ ~ Ki-a' " +~ "S~ffiacks p ~ ~'r,~fiL. 'ep'E' ! ~ .~a£3+~Zi ~-e ~ .1 ES+' r, r 3 ~ .k _ ~ ~ a y Setbacks ~s :;, ..,r.,41 ,~ s %.r,., ~ ~ ~~ ,N /a,>...>, ~3.~ ~ ,r..n'-!isy: s r4 ~,,,'~ *, ?', .. ~ , ; North 59 feet, 8 I 166 feet, 9 34 feet, 7 ' 10 feet 10 feet, fully '; (adjacent to inches' inches' <inches' landscaped' Ball Road) East 176 feet 148 feet 62 feet 16 feet 10 feet, fully (adjacent to landscaped Brookfturst sveet) South 49 feet, 7 ! 10 feet 69 feet 8 feet, 2 1Q feet, fully (adjacent to finches {adjacent to inches to 23 landscaped nsldenBap commercial)'i feet West 22 feet, 4 4 48 feet 130 feet 4 to 8 feet None (adjacent to inches Aiberto's Restaurant) (i7 wcm~:.ouu;caa~ c~cvauviiaypar (22) The proposed pump isiand'car with four (4) pump islands. Tti~ be consistent with both the cor of the canopy would be consn canopy, would be constructed u cornice treatments of the two c signage as well as contain sola be located for minimum visibflii Page 6 r_. .os~,. „ tai: - cat d ~ t s,..tltt ies~.; i~ .One (1) 53:5 s.f. Arco Sunrise :Convenience Market -::.East Yes ..:Sign Elevation :Two (2) sets of cabinet. signs .Convenience Market -East Yes !(total of 8 signs and 125 s.f) Elevatlon i forfood'productdisplay None Proposed:: Convenience Market- North, N/A West, South Elevations One (1) "Carwash" sign (17 Carvvash North Elevation Yes s.f.) Two (2) cabinet signsj(18 s.f.) Carwash North Elevation Yes for food'product display One (1) "Enter" sigrt(5 s.f.) iCarwash West Elevation Yes '.One (1) instructional cabinet Canvash West Elevation Yes sign (9 s.f.) One (1);"Exit" sign (4 s.f.) Carwash'fast Elevation Yes One (1) Spark Logo (4 s.fJ Carwash East Elevation Yes None Proposed Carwash South Elevation N/A One (1) 12' high, "carwash Canvash Ddve Through No entrance" pole sign (29 s.f.) One (1) Spark Logo (7 s.f.) Canopy North Elevation Yes r One (1) Spark Logo: (? s.f.) Canopy East Elevatlon Yes None Proposed: Canopy West Elevation N/A Directtonal;Signage fornn-site Pump Islands West Elevation Yes customers! (not visible from iR-o-w> One (1) Spark Logo (7 s.f.) Canopy South Elevation Yes None Proposed; Pump Islands East, North, and N/A SouW Elevatlons pursuant with Alcoholic Beverage Control (ABC permitted between the hours of 2 a.m. end 6 as ENVIRONMENTAL IMPACT ANALYSIS: (26) Staff has reviewed the proposal and the Initial f (29) The non-conforming Alberto's drive-through restaurant located on the'subject site was approved by the County of Orange and established in 1989; The Anaheim Zoning Code requires a conditional use permit for this type of business within the CL Zone. As part of this proposal, the establishmentof conformity with current Zoning Code requirements is necessary for the Alberto's restaurant. The drive-through restaurant operetion and signage is consistent with the approval obtained from the County. Although the property isnon-conforming with i respect to setback and landscaping adjacent to a residential zone boundary, as `well as drive- through and drive-up lane requirements, the Alberto's landscaping is well maintained and the structures on the`property are in good condition. No roof-mounted equipment isireadily visible from the public right-of-way(or nearby;residentlai properties. As part of the establishment of land use conformity, staff has included conditions of approval for the removal ofahe public': phone'at the front of the property and he instailatfon of three (3) trees consistent in size and type to the proposed trees for the new ervice station, the: display ofahe street etldress onithe roof ofahe building, as well as standard conditions concerning property maintenance. Based on the°curent operation of the Alberto's restaurant and theproposed'conditionsiincluded herein, staff recommends approval of the establishment of land use conformity for the non= conforming drive-through restaurant. Page 8 X31, Page 9 recommends that a concrete block wall consistent with the traeF the wooden fence because'a block wall would be more consiste well as more durable. Staff`also recommends that tha landscap along the east elevation of a convenience market be extender elevation, with the exception of the front entryway doors. Staff t detail items, along with the substantiai?improvemants proposed; design at would benefit not only the oommunlty, but the tiusinE operation as well'. (35) The petitioner has submitted a comprehensive sign program the freestanding pole sign, pump Island signage, carvvash and vacu signage, and a variety of wall and canopy signs. Throughout tl7i for thisproject, staff was careful to balance the goals of the privi the community. Staff is particularly cancemed that several'elerr inappropriate and redundant, and inconsistent with the level of e incorporated into his site. Staff is recommending that the foilok program be removed upon'submittal fpr building: permits for the Page 10 The applicant has indicated that in addition to noise reds design bf the carwash tunnel, an existing 8-foot high bloi Zoning'Code, a modification may be granted for he purpose because of special circumstances applicable to it, shall be enjoyed by other:: properties: in the same vicinity and zone. waiver' is to prevent discrimination and none shall be appro granting a special privilege not shared: by other similar prop waiver is grantedby the Planning Commission, it shall be si (a) 'That there are special circumstances applicable to tt opography, location'or surroundings, which do note 'properties in the vicinity; and y (b) =That strict!applicatidn of the Zoning Coda deprives tl ':other properties under identical zoning classification (40) Before. the Planning Commission grants any cdnditional usE fact that the evidence presented shows that all of the follow (a) :.That the proposed. use is properly one for which a"ci by the Zoning Code,: or that said use is not listed the (b) That the proposed use will not adversely affect the a and development of the areain which it is proposed 4. That approval of this application constitutes app it complies with the Anaheim Municipal Zoning C Federal regulations. Approval does not Include'i of the request regarding any other applicable o~ THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIO INTERDEPARTMENTAL:COMMITTEE AND'ARE RECOMME(\ COMMISSION. IN THE EVENT THAT CONDITIONAL. USE PEF 1. =That no:advertisi~g of beer or wine shallbe located, pla interior of the building and any such advertising shall no 2. That the gross sales of beerahd wine shall not exceed' during any twelve.{12) month period. The applicant shy indicating the separate amounts of sales of beer and wf made available for. inspection; by any City of Anaheim o1 10. That no person under twenty-one (21) years of age shall sell or Lie permitted to s 11: That beer shall not be sold ih packagee'containingless than a six (6) pack, and t! shall not be sold in'packages'containing less than a four (4) pack. 12. That any public telephones proposed on-site shall be located inside the convey restaurant, 13, That the. existing public phone at the northeast comer of the front of the driv shall be`~emoved or moved to within the: building. 14. That all ash shallibe properly contained in trash bins contained within approved ' The number of bins shall be adequate and the trash pick-up shall be assfrequenf ensure the sanitary handling and tlmely,removal of refuse from the property. Tfif Division of the Planning Department shall determine the need for additional bins` up. Aii costs for increasing the numberof bins or,frequency of pick-up shall be p business owner 15. That no Building;. 16. That at li alcoholic ..>JL..N.... nuunuauun anon uoaNaunuauysuuwu un piai usuun uueu wiruunwny pn:uuwc: 3$. That 4-foot high address numbers `shall be displayed on the roof building and the existing: drive-through restaurant in a contrasting. numbers shall not be visible from he view of the streef or adiacen 4y, ~ na[ me;regar property owner snap suomira covenan;,[o now me tv as a single parcel and in a form satisfactory to the City: Attorney, sF the' Orange County Recorder. A copy of the recorded covenant sh Zoning Division. Provisions shall be made in'the covenant to guar be managed and maintained as one (1) integral parcel for purpose; signage, maintenance„land usage and architectural control, and th referenced in all deeds tPansfersng all or any(part of the interest in 45. That prior to the operation of this new business, a valid business lic City of Anaheim, Business License Division of the Finance Departs 46. That the legal: owner of the subject property shall provide the City c public utilities easement along the;path from'the system p.o.c. to pa x 25' easement for the transformer prior to connection of electrical' 47. That an on-site trash truck turn-around area shall be provided per: E 610 and maintained to ne satisfaction of the Public Works Departs Division. Said turn-around area shall be specifically shown on plan 58. That the curb re' Said ini 5! s~ s s s s s Page 20 ATTACHMENT- ITEM N0. 5 IVI ® r'4 Fri 1~ ~.9 City of Anaheim _ POLICE DEPARTMENT DATE: December 10, 2002 TO: John Ramirez Planning Department FROM: Sergeant Thomas J. Smith Vice Detail.. SUBJECT: Prefile 2002-04530 Arco AM/PM 1201 South Brookhurst Street Anaheim, CA 92804 The Police Department received an LD.C. Route Sheet for Conditional Use Permit 2002-04530. This applicant is applying for off premise sales of beer and wine in conjunction with a service station, car wash and convenience market. The location is within Reporting District 1919, which has a crime rate of 87 percent below average. it is also within census tract 877.03, which has a population of 6,194. This population allows for seven on sale Alcoholic Beverage Control Licenses and there is presently one license in this tract. This population allows for four off sale Alcoholic Beverage Control Licenses and there is presently one license in this tract The census tract boundaries are: North Ball Road South Katella Avenue East Brookhurst Street West Gilbert Street Off sale licenses in the applicant's census tract: 1701 S. Brookhurst Street H & C Liquor On sale licenses in the applicant's census tract: 1233 S. Brookhurst Street Tropicana Memorandum John Ramirez CUP 2002-04530 Arco AM/PM Page two The census tracts (see attached for addresses) surrounding this location are as follows: north - 877.01 on-sale allowed 6/active 10/pending 1 population 4,882 off-sale allowed 3/active 3 south -City of Garden Grove west - 878:06 on-sale allowed 6/active 4 population 5,407 off-sale allowed 4/active 7/3 pending east - 877.04 population 4,734 on-sale allowed 5/active 2 off-sale allowed 3/active 2 south/east -City of Garden Grove south/west -City of Garden Grove. north/west - 870.02 population 6,714 on-sale allowed 8/active 4 off-sale allowed 5/active 5 north/east - 871.03 population 7,631 on-sale allowed 9/active 7 off-sale allowed 5/active 7/ pending 1 Since March 2001 there have been no calls for service to this location. The Reporting District to the north of this location is 1:819 with a crime rate of 47 percent above average. The Reporting District to the south is 2019 with a crime rate of 65 percent below average. The Reporting District to the east is 1920 with a crime rate of 40 percent above average. The Reporting District to the west is 1918 and has a crime .rate of 6 percent above average. The Anaheim Police Department does not oppose this request provided the following conditions are placed on the Conditional Use Permit: 1) No advertising of beer or wine 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) The gross sales of alcoholic beverages shall not exceed thirty-five percent (35%) of all retail sales during any twelve (12) month period. The applicant shall maintain records on a quarterly basis indicating the separate amounts of sales of alcoholic beverages and other items. These records shall be made available for inspection by any City of Anaheim official when requested. Memorandum Mr. John Ramirez CUP 2002-04530 Arco AM/PM Page three 3) No alcoholic beverages shall be consumed on any property under the control of the applicant. 4) The parking lot of the premise 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. 5) Lighting in the parking area of the premise shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the window area of nearby residences. 6) The applicant shall be responsible for maintaining a litter free area adjacent to the premise over which he/she has control. 7) There shall be no pool tables or coin-operated games maintained upon the premise at any time. 8) No display of beer or wine shall be located outside of a building or within five (5) feet of any public entrance to the building. 9) The area of beer or wine displays shall not exceed 25% of the total display area in a building. 10) Sale of alcoholic beverages shall be made to customers only when the customer is in the building. 11) No person undertwenty-one (21) years of age shall sell or be permitted to sell any beer or wine. 12) 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:thome\tgovemalet2002-04530-a Arco AM PM.doc I I - ~~ _ ~ -' - ! - -- _ I~~ MAGNOLIA _ O~"' O ~~ MAGNOLIA AVE~ O: pD _.___ ._. , O.. OU N ,r. _ _ ., ~ ~ _ ~m ~O ~ m _._ _, -. ~ 0 '_. -~ iN fA ~I F'-'. Nf/1~ - ~ - -`- ~ "A' -' - ~- --- ..~ ~_.._.. v A ~ O ~ A ~ -- o .~ . _ ~ -f __ _ ._: '~ __~' E ANAHEIM CITY LIMRS ~ _ < -- -' GILBERT ST - ___ m .__ .~___. ... ~ `"GIMt15 __ __ _ _ O I ___ ~ j~ ,_ ,~ _I _ ___ I -_ _._-_ _~ '--A __ _ J ~ ' SROOKHURST ST I ® a m ~ - n~i ~o~~ ~~ ___ ~._~~ BROOKHURST ST! ! _ ~ __, ® _.~ ~ N I I I ~ _._~_ ~ N C N A _ r• I - ~ ~ Q Q _ I f ~ _ ~ _ ~ ~_ . _ ~ ~~~ ~i 7 ~ ~ ~`_ _w v,. s ~ ~ ~1 ~ ~ _ 1- J _., co_m-® -. r- i m -- t ID ~ ® ' I ~.. 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I iE r f i I ~g ', r ~ ~~ ~~ r m ~ ~ ~ ~~z~ C ~ g ~ o a ~~ ~ ~ d O 3 n 'o^ ~ ~ °, l~ U 3 ~ O ~ ~ a~~ s ° ~ 0 a s 8 " A D ~`~~ 'o ~a~ n ~ ~~ o 0 G rn n ~C 'm0 7o p ~ N vp ~~ `~ w 0 a ~ 'o n ~ n r' c ~ _ '' 3 0) a° ~ ~ W I N O ~ W m 3 Z o ~n ATTACHt1ENT - ITEM N0. 5 SECTION 4 PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER {NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: ] 8.44.062.01 I (A separate statement is required for each Code waiver) PERTAINING TO: Car Wash Tunnel Setback 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: l . That there are special circumstances applicable to the property, including size, shape, topography, location br surroundings, which do not apply to other ptoperty 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 citcumstances 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 vaziance is sought, fully and as completely as possible. Ifyou need additional space, you may attach additional pages. L Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundings? ~ Yes _ No, If your answer is"Yes,"describe the special circumstances:.The proposed ARCO project includes expanding the original ARCO site.. The existing ARCO property. at the corner. is within the Citv of Anaheim's iurisdiction. The ARCO property and a leased portion See Attachment 2. Are the special circumstances that apply to the property different from other properties in the vicinity which are in the same zone as your property? _Yes X 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 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 g No EXPLAIN Ra a.t n a r+ at r e have studjed the pattern of how sound travels Within this report we find that with the specified Dger, the sound 1 v 1 will meet the sound ordinance. The sole purpose of any variance or Code "ver shall be to prevent discrimination, and no variance or Code waiver shall be ap ed wh" h would h e e effect of a ling a special privilege not shazed by other property in the same vicinity and zone w is is no o erw' a sly authoriz d b zone regulations governing subject property. Use variances are not permitted. tl ~~~oy Signature of Property Owner or Authorize Agent Date DECEMBER 12, 2000 CONDITIONAL USE PERMITNARIANCE NO. CCU PlO. 2C~2 - 0 4 0 ?A 1 SECTION 3 (6) STATEMENT OF JUSTIFICATION: (!•..R CONDITIONAL USE PERMITI: The Zoning., .ninistrator and Planning Commission are required bylaw to make a "Finding of Fact" justifying the granting of a Conditional Use Permit. The granting of this request. dependent upon proof that all conditions have been met based on your answers to the following: A. Indicate how the proposed use will not adversely affect the adjoining lahd uses or the growth and development of the area and how 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 of the surrounding community. (Attac additional sheets if necessary). The orooosed use will not adversely affect the adioinine land uses or the ¢rowth and development of the surrounding. areas. The proposed use. of a by/ARCO,am/pm mini-marke and self-serve gasoline canopy and carwash is allowed within the zonins of this propeY (see attachment -.Statement of Justification Responses) B. Indicate how the traffic generated by the proposed use will not impose an undue burden upon the streets and highways in t area and how the granting of this Conditional Use Permit under conditions imposed will not be detrimental to the :peace, health, safety and general welfare of the citizens of the City of Anaheim. (Attach additional sheets if necessary). The probosed use will not place an undue burden on the streets and hiehwavs in this az as a use of this tune is considered a passerby use and is not considered an end destinatJon trip generator The proiect's onsite circulation an designed drive acces will effectively move or transition the traffic on and off the site. VARIANCE): The Zoning Administratocand Planning Commission, when considering a Code Waiver or a Variance, are required by the Anaheim Municipal Code to make findings that there are special circumstances applicable and specific to the subject property, including size, shape, topography, location or surtoundings, which do not apply to other properties under identical zone classificatior within the immediate vicinity; and that because of such special circumstances, the strict interpretation and application of the zoning code would deprive the subject property of privileges othervvise enjoyed by other properties under identical zone classification, circumstances and vicinity. In order to determine if the property qualifies far the granting of a Variance, the questions contained on tl attached JUSTIFICATION FOR WAIVER form must be answered completely and thoroughly. A separate Justification for Varianc or Code Waiver form (Section 4) must be completed for each code waiver requested. The burden of proof establishing justification for any waiver is upon the Petitioner. The above JUSTIFICATION FOR VARIANCE OR CODE WAIVER is NOT required for Parking Waivers. Findings for Parking Waivers are different and must be justified by a Parkins Demand Study reviewed and approved by the City's Traffic Engineering Division prior tb submittal of the Variance application. The required findingsare listed in Section 4, Page 2. NEXT MEETING JAN 1 3 2003 CITY PLANNING COMMISSION '~~ NoV 2®~ c FiEGciVED N c ZONING w ~~r_• DIVISIONra t I HEREBY CERTIFY that the foregoing Petition and application for Conditional Use Permit or Variance (Section 2) have been review by me and have been found to be complete and acceptable to be set for public hearing before the Anaheim City Zoning Administrate or Planning Commission. - BY Plan ling Department, S ff Signature) DATE ~ y Approved by Motion of the Planning Commission on November 6, 2000 PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER ATTACHMENT 1. Are there special circumstances that apply to the property in matters such as size, shape, topography, location, or surrounding? Yes. ...of the adjacent property directly west, within Orange County's jurisdiction, make up the site area. There is to be a lease line drawn between the additional land in the covenant to hold parcel as single property. The ARCO am/pm is to be developed on the portion of property formerly occupied by a pawn shop. The car wash location is proposed on the concept plan based upon several considerations including providing for the overall best and safest circulation for vehicular and pedestrian traffic and adequate vehicle queuing upon entrance and exit of the car wash tunnel. Due to the size and shape of the property at the proposed location of the car wash, we are seeking a waiver to allow the car wash structure to be placed closer to the interior property line, and less distance than the required setback. Based upon data provided by Colia Acoustical Consultants, the dryer equipment proposed, and the noise shielding provided by the concrete block wall will more than adequately meet khe City of Anaheim's noise ordinance 2526 exterior noise limits, section 6.70.010, which states "No person shall within the city, create any sound, radiated for extended periods from any premise which produces a sound pressure level at any point on the property line in excess of sixty (60) decibels read on the A-weighted scale of sound level meter". Please refer to the attached acoustical study. CUB PIO. Zoo2 - o li ~ ~ 1 ATTACHi!ENT - ITE11 N0, 5 7S uovoyo~ '~V olio^1 '75 •a/Il% 'W19 ~eweoiH 'WIB o6o1/oJ o7 ui .u uoi .~B J~Q 75 PI6 75 iunyyo •u ya any opoul 'mod 6 'Ml9 40~ .~v woi 75 N~ o~ 0 ~~ o se° ~i m a m$ ~ E E u YZ ea o d nN O~ ~ o M 'PNB o~l1oJ oioi5 7oa9S q~oi 75 miaoH 'PMB uoynN u i~M 7S 47u1N 75 P1/on3 75 pooainN 7S iam4~lov8 u vavns any ollouBoiq ony o/04 •pyB 4~a9 rent/ wo7saM 75 77ouX t` O a' O O N O o v. N ~ O ~ 2 C y O r C E o ~ C J (L m ~U 0 5 a O m C m C~ ~ < E i ` ¢ g < t < & EXISTING LOW DENSITY RESIDENTIAL ACRES 1.13 1 1 - ~ QZ 1 U~ 1 W HOC O WNW 1 ~ -1 ~~ ~ (n Li OD 1 ~W Ua i ~~ 1 ~~ ~~ z wW ~ p ~w -o ~ BIENVILLE AVE. Z~ -W W O p ~ W O~ LOW DENSITY RESIDENTIAL ~' I W o: N S ~g Z ~ W ~ ~ ~ ~ J w g ~ _ ~~ ww w~ ~~ U -~. W _~ ~. ~ U U Q Z _~ W' .-. v 3 .c rn L O ~v w r- N N 2 Y m General Plan Amendment No. 2002-00407 Existing Flgure 2 GENERAL CORAMERCIAL BALL ROAD (Primary Highway) aM cnr unarrs __________-- EXHIBIT A ACRES GENERAL COMMERCIAL 1.13 1 -~ J -Z W W _~ O ~ W -o ~ (Primary Highway) - . . U ~ W W = W ~ '. G9 ~ 1 ~ O_ . ®.. ®® U 1 v '' ..®® ~ ~_~ GENERAL BIENVILLE AVE. COMRAERCIAL Q W ~_ W ~ M N J -cna ~ ~' ~ J N~ z 3 I 1~-~ ~ ~ f- ~ ww ~ -...w ~ ~ ~ W ~ ~ ~ t:_~ 1~ Y 5 ~ vI ~ ~ N ~d' ~_ W u' O Opp W ~ ~ ~ ! m J -~ QZ UO W 1 1 ~~ O ~W 1 ~Z Ua ; 00 I GENERAL CORAMERCIAL General Plan Amendment No. 2002-00407 Exhibit A Figure 3 BALL ROAD ANAHEIM CITI' LIMITS _ _ _ 1 ITEM NO.fi Conditional Use Permit No. 2002-04628 Subject Property Date: January 13, 2003 Scale: 1"= 200' Requested By: RONALD BEARD P TRUSTEE Q.S. No. 29 REQUEST 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. 1216 - 1254 South Magnolia Avenue 524 6a. 6b. ' ~ 6b. i' Direction.. Land Use Zoning Generat Plan Desi nation North (across Eau Auto Repair and Fast Food CL General Commercial Raad) Restaurants North and West (adJacen€tosuhJect Auto Tire Shop CL General Commercial roe East Apartments and Hfgh School RM-1200 and' Medium Density RS-A-43,000 Residential and High `School Site South Commercial Center CL General Commercial RS-A-43,000,:: CL, West (across Utility Substation, Liquor'. RM-3000 & Utility. Facility & General Magnolia' Avenue) StOr'e, Condominiums and RS-A-43,000' ;Commercial ''. Private School Page 1 Staff R Plannir Januar Item N PREVIOUS ZONINGACTIONS: ; (6) The following zoning actions pertain to this property: (a) Administrative Adjustment No. 92 (waiver'of minimum number of: establish a'4,292 square foot restaurant and bakery'shop at 2424 was approved by the+Zoning Administrator on September 15;;199 le) ! ~ ueaue plan. tcxmun rvu.;i) anu egmpmenc iayoue p~an,t~xmo¢ rva t) meicace me proposed clocktower would be located adjacent to the east (rear) elevation of the Chia Market building. The clock tower would be settiack 40 feet from the'apartmertts to the east The site plan further indicates a 169 square foot equipment room located within the basebf the clock tower containing four (4) base transceiver stations (BTS) measuring 5'4° high by 2'S"'daep and'2'5"wide. Page 2 Direction Existing Building Setbacks CodelRequired Building' `Setbacks North (adjacent to '200 feet with no landscaping 1 p feet fully landscaped Balf Road East (adjacent to 40 feet with no landsdaping 10 feet fully landscaped A artments South (adjacent to 20 feet None commercial buildln s West (adjacent to 10 feet to the Americana 10 feet fully landscaped Magnolia Avenue) )2estaurant and with some .landscaping 320 feetto the in- line stores'with some landsca in .Page 3 (11) The site plan indicates vehicular access via two existing existing driveways on Magnolia Avenue. Plans indicates spaces. Code requires 446 parking "spaces forthe entin follow(ng charts 'Area Minimum Number: Use (Business &Address) ; ' (Square Feet) Code-Required Parking of Spaces s .Ratio ' Re aired Chia Market 1216 S: Ma olia Avenue 28,605 5'.5 er 1,000: s.f. 157;7 Best Value Video 1226-A S, Ma olia Avenue 3,000 5:5 er 1,000 s.f. 16':5: Super Thritt 1226-B'S. Magnolia Avenue 3,000 5'.6 per 1,000 s.f. 16.5' Bakery 1230-A'S. Ma olia Avenue : 3,447 5;5 er 1,000: s.f. 18.9'' Shoe Repair 1230-B'S. Ma olia Avenue (300 5:5 er 1,000 s.f. I:6' Vacant 1232-AS. Ma olia Avenue 1,300 5:5 er 1,000 s.f, 7.1 7 Dias:Bazgain 1232 S Ma olia Avenue :7,664 55 er 1,000's.f. 42iI Book Baron 1234 S: Ma olia Avenue 19,637 5:5 er 1,000 s.f. 108.0' Pharmacy 1240 S Ma olia Avenue 1,140 5[5 er 1,000 s.f. 5.1i Healthy Start Center' 1242 S. Ma olia Avenue 1,140 Si5 er 1,000 s.f. 6.2 Music'Bazon 1244 SJMa olia Avenue 1,020 5t5 er 1,000 s.f. 5.6 Bazber : 1246 SlMa olia Avenue ' 660 5:5 er 1,000 s.f. 3.6 JR Income Tax 1248 S: Ma olia Avenue ' 900 4.0 er 1;000 s.f. 3'.6` Medical Clinic 1250 SSMa olia Avenue 1,500 6:0 er 1,000 s.f. 9.Q Donuts 1252 S Ma olia Avenue 900 55 er I,000 s.f. 4:9 The Water Store 1254 S~ Ma olia Avenue :1,200 5:5 er 1,000 s,f. 6.6' Taco Taco 1256 S` Ma olia Avenue 1,393 8:0 er 1,000 s.f. 11'Ci Americana Restaurant 1228 S; Ma olia Avenue 2,516 8'.0 er 1,000 s.f. 20;1` Kiosk ` 88 5:5 er-1;000 s.f. :4 Total ; 79,410 1446 Page 4 (14) Photographs indicate sign cabinet areas for it wall signs shall not exceed 10 percent of the a ofcommercia~usesandstructures into resltlent pertains to the single-family zoned property occi that the height of the clock tower would impact,t :the east: Therefore,`staff recommends denial of (20) CodeiEnforcement Division records indicate nopending volatio However, it should be noted that this'commercial center is in a7 observed that the roof-mounted equipment is either improperly nhn4nnronh nn nono 41 nr nn4 enreaneri ~} X11 ;A rnnriifinn of o~ Page 9 FINDINGS: (27) When pra Zoning C because' RECOti (29) Page 10 3. Tl cli sF 14. That the Operator shall ensure that any of its contractors, sub-confractors c user of the facility, shall comply witfi the terms and conditions of this permit Page 12 ,. r__...__..~ ._..... _....._ ~._..._ _. and Sanitation Division approvat• 30. ThaEa plan forsolid Works Department 31. That the area desigi northwest quadrant area: 32. Thatan on-site;trasl 610 and maintained Division. Said' urn Streets and Saoitati i 33. That the subject pro specifications "subm Planning Departmei 34. That prior to issuani resolution, whichevf above-mentioned, s mayibe granted in a ' 35. Thaf prior to final bu mentioned, shall be Page 14 12-16-2002 10:22am From- T-302 P.002/002 F-267 ATTACHMENT - ITEt1 N0. G ,. ~, ~"~ 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: 19 7 Son .h Mar~nol is Avenue. ADa11Pj,m, CA. 92804 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 Zoninl, Administrator or Planning Commission, the fallowing shall be shown: 1. That there are special circumstances applicable to the property, including size, shape, topography, location or swroundings, which do nos apply to other property under identical zoning classification in the vicinity; and 2. That, because of such special aircurnstances, 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 decisioh, please answer each of the i-o11owing questions regarding the properry'fdr'whicNa'varianceis sought; fully ' and as completely as possible. If you need additional space, you may attach additional pages. 1. Are there spt:cial circumstances that apply to the property in matters such as size, shape, topography, location or surroundings? R Yes _ No. lfyowsnsw~:ris"Yes,"describe the special circumstances: Apartments located to the east of the proposed property limit the heig o commerc>.a s ruc ures In e rear portion of t e proper y. 2. Are the special circumstances that apply to the property different from other properties in the vieiniry which are in the same zone as yow property? % Yes _ No Ifyouranswcris'`yes,"descrihehow theproperiyisdifferent: Most other commercial properties in the vicinity do not abut res>_dential property.. Do the spechA circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? %Yes No Tf your answrr if "yes," describe the special circtunstances; Other commercial properties may develop structure to 75 feet tall. However, this location is restricted due to the proximity oz the 4. Were the special circumstances created by causes beyond the control of the property owner (or previous property owners)? Yes ,~ No EJ~PLAIN _Tt,P r, Pr~jat rpn tras built ;n 1958 prior to the apartments r' 1 gFiS. ~t~pnParc that nrtyiQcal c for taller structures in commercial aYPaR tiPrP nn~ anti ri p,~"if pd -- The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved which uld the effect of granting a special privilege not shared by ether propelry in the same vicinity and zone which is not ' ~, els a sly authorized by zone regulations governing sugject pfo erly, Use variances are not permitted. ~!S ®3 Siarlature r Owner or Authorized Azent D to CONDITIONAL. USE PERMITNARIANCE NO. ~UU ~ 6 ~~ DECEMBER 12, 20p0 i S v~ A 0 Conditional Use Permit No. 4069 Tracking No.: CUP 2002-04634 Requested ey: KHODA OSTOWARI ~~ Subject Property w'.a Date: December 16, 2002 Scale: 1" = 200' Q.S. No. 74 REQUEST FOR REINSTATEMENT OF THIS PERMIT 8Y 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 (t) CAR WASH MENU SIGN AND CONSTRUCT THREE (3) WALL SIGNS AND MODIFY CONDITIONS OF APPROVAL PERTAINING TO HOURS OFOPERATION PERTAINING TO THE CONVENIENCE MARKET AND SALES OF BEER AND WINE FOR APREVIOUSLY-APPROVED SERVICE STATION WITH ACCESSORY CONVENIENCE MARKET WITH SALES OF BEER AND WINE FOR OFF-PREMISES CONSUMPTION AND SELF-SERVE CAR WASH. 805 South Harbor Boulevard ~ 498 'c ~ Dtreafion ~h rt~~ ~ Land Use; ~~, ~ ~ ~ ~ ~ zoning ~~ ~ ~Gegerat Ptan r-,` ~ s~~ ~ ~~':~; ~ ~ %~ ~~ °; 4 s f ~ ~~ ~ o z f ' ,:.~r~ De rgnaf~ n North (across south Office and single-family CO and RS-7200 Commercial streat) , residences Professional r East (across Harbor ' Commercial Boulevard) Office Building 'CO Professional '. CommerciaG South Church RS-A-43,000 Professional Metlium Density; West Church RS-A-43,000 Residential PREVIOUS ZONING ACTIONS: (6) The following zoning actions Conditional. Use PermitNo; station with a 1j925 square f - off-premises consumption a waiver of maximum structur Public Convenience or Nece December 15, :1998, subseq 20, 2000, the City Council aE canopy height as sF PROPOSAL: (8)! The petitioner requests rein consumption portion of this' amend previously-approved modification to conditions`o1 beerand wine for off-premf (9)` The petitioner's statement a property has been developE (witH`the exception of the'pr and the surrounding land u measures have been taken. applicable regulations perta rayez No~ofNeVV,~ " ~ ~~~ `~( =7ypq~~~~ 43 ' ^`~'.~ ~ ~~{~~Skze; ,~ ~~~~~ Ldcatlan~ ~ ., ..~'^ . ,,y~ fi ,a~~''L~~.'r,~'~"~'4 a~r~ ~" ~ s f art ~ z -a ~fl1a~~ E yrb .~°` ^r f~~ 4. 4"Y~:-eu ~'+'~c~ 4p ~-.R'~ i'l' ~ '~S . ~ $~ ~ v Wall .East elevation- 7(proposed) ("Touch Free Car Wash") 15`sq. ft. (convenience market) Entrance to car wash 1 Menu tioard 24 . ft. tunnel Informational signs + Ends ofpump islands - 2 ("Touch Free Car Wash° and 9 q. ft, facing'convenience ATM Inside") 'market Directional 1 (°Touch-Free~!Car Wash 9 sq. ft. Wall of trash enclosure Entrance°) "Pump island"lnforrc Page 4 5 (18) (19) (20) of the City. of Anaheim. (22) Subsection 18.03.092 of the Anaheim Munici termination of a condltio~al use permit for on (a) %`% That the approval was obtained by frs (b)' That the use for which such. approval. time specified in such permit; or Deer ra one (1) ai (facing H. signs (loc 4. That trees sl facility. "5. That roof-m~ 6. That the nun contrasting the'Anaheirr 7. That any orr building. 8. That windo 9. That an rove automotive: E maintained` ~~~o~~~.a~~~~., a~~.. ~~~,~yo located an maximum twenty (20) fc 33, That during business hours of subject facility,' he 1 restrooms shall be available to the'public and+shal maintained. 34. That no outdoor vending machines or water: mach be visible to the publigrights-of-way. ?'35. That the car wash drive-through lane shalGbe mail City: Traffic and Transportation Manager. (vi) Twc Iota cane 42 That the exhaus of the property. Staff Report to the '' (Planning Commission January 27, 2003 'Item No. 7`> igshail be maintained in accordance with plans approved by ;rvices Division, Police Department. operation for he car wash shall be limited to' 7 a.m. to 7 p.m. torage, display or sales`of any merchandise'or fixtures: shall de the building. rc wash doors shall be painted to match the exterior of the it tie sold in packages containing less than a six (6) pack, and shall not be sold in packages containing less than a four (4) n subject property shall be limited to the followingand view and approval of the zoning Division: Any future ons to this signage shall be subject to review and planning Commisslomas a Report and Recommendation maximum eight (t3) foot high monument sign Located near itersection of Harbor Boulevard'and South Street..:The invent sign shalt be located within a properly maintained ocaped planter area. No signagelshall be applied tothe (2), 9-square foot u•shaped signs advertising on-site ces, located'on the west ends of the two southerly pump ds facing the convenience market. The remaining four (4) ~ Island ends may have the same sized signage but shall oiled to "Please pull up to forvvard pump" or a message of ar instructional intent. (2) wal- signs, facing Harbor Boulevard and not exceeding n (15) sq.ft. each. Such signs shall display only the name tenants and/or a tenant logo, advertisement of the`ear i and/or specification of being open 24-hours. (1), 24 square foot "menu board" sign located at the entry a'car wash tunnel. (1), 9 square foot car wash informational/ instructional sign ed on the wail of the trash enclosure directing car wash ms to the entrance of the facility. (2) canopy signs, not exceeding;12 square feet each, ed on the canopy band, with not more than one (1) ign per py face. vents for the gasoline station tanks shall be located at the rear Page 11 43. That the parking lot serving the prey lighting of sufficient power to illuminl appearance and conduct of all pers lighting shall be directed, positioned unreasonably'illuminate he window lighting shall tie continually maintain 44. That a bond shall be recorded and Works Department and the City Ath the'public right-of--way improvement Department within a period of five' (E 45. That subJecf property shall be de' plans and specifications submitti petitioner and which plans are on marked Exhibit No. 1,iRevislod idi herein. 46. That within;60 (sixtvl days from the' ATTA&HNENT - ITEH N0. 7 Justification for Reinstatement of C.U.P. 2000-04207 and Deletion of Time Limitation The Conditional Use Permit No. 2000-04207 (Master C.U.P. No. 4069) was approved by the Anaheim City Council on Jan. 25, 2000 to construct a new gas station with convenience store and car wash and a permit to sell beer and wine at 805 S. Hazbor Blvd.. It was approved on the condition that the beer and wine portion of the C.U.P. Would expire once every three years . During the last two years of the operation (the operation was started on Sept. 9, 2000 but the final C:U.P. For sale of beer and wine was approved on Jan. 25, 2000) ,our records and for that matter Anaheim Police Dept.'s records show that not only our operation of the business has been in compliance with every condition regazding the beer and wine sales (the site has been regulazly visited by Anaheim P.D. and Code enforcement staff and personnel) ,but we aggressively tried to take and implement extra measures to comply with the requirements and rules . All of our employees attend special classes offered by Department of Alcoholic Beverage Control regazding the sale of alcoholic beverages .Store's management intentionally has decided against introducing inexpensive beer at the store and participating in any special and sale promotions offered by wholesalers for alcoholic beverages . By following through with this we have fumed away those individuals who seek cheep and inexpensive beer for fast consumption .Also by taking advantage of our security camera system (20 cameras inside and outside of the store and a computerized surveillance system) and following up on filing and posting the pictures of shop lifters etc. , we have been able to prevent beer runs and graffiti inside and outside of the store . We even voluntazily close the store from 11:00 p.m. To 4:00 a.m. on new year's eve to avoid selling beer and wine to people who might consume too much of alcoholic beverages on new yeazs eve and might demand more . Therefore we respectfully request that considering the history of our operation and compliance with all the rules ,regulations and the standazds of the city of Anaheim ,that the beer and wine peanit be reinstated and the condition for 3 yeaz expiration be deleted from the original Conditional Use Permit . ~~~ Khoda B. Ostowari Parvin K. Soroushian 6263 E. Twin Peak Cr. Anaheim, CA 92807 rup '~to. - 4 0 5 9 ATTACHMENT - ITEM tJO. 7 _~ MEMORANDUM CITY OF ANAHEIM Code Enforcement Division DATE: NOVEMBER 5, 2002 TO: AMY VAZQUEZ, PLANNER 1a~9 FROM: p4 DAN DOMINGUEZ, CODE ENFORCEMENT OFFICER SUBJECT: CONDITIONAL USE PERMIT 4069 On November 5, 2002, Code Enforcement inspected the property located at 805 S. Hazbor Blvd. and observed that the property is being maintained in a neat and clean condition, the landscaping is well maintained and the property is well lighted (see attached photos 1-8). All Conditions of the C.U.P. are in compliance, except for condifion #49, signage. The following signs aze already in place and in violation of condition #49 of the C.U.P. 1. Two 3'x 3' caz wash signs attached to the crash pads facing S. Harbor Blvd- Exhibit #1-A on the site plan (see attached photo 9). 2. A 3'x 3' ATM sign attached to the crash pad facing S. HazborBlud-Exhibit #1- A on site the plan (see attached photo 10). 3. A 3'x 3' caz wash directional sign on top of the trash enclosure (see attached photo 7). 4. A car wash menu sign in the planter by the caz wash entrance-Exhibit # 3-A on the site plan (see photo 12). The following are the azeas for the proposed signs: 5. Metal canopy support columns, proposed locations for 2'x 3' caz wash menu signs-Exhibit #4-A on the site plan (see photos 7 and 8). 6. Southeast corner of he building, proposed location for one 3'x 5' Touch Free Car Wash sign-Exhibit #1-B on the site plan (see photo 13). 7. Northeast corner of he building, proposed location for one 3'x 5' Touch Free Car Wash sign-Exhibit #1-B on the site plan (see photo 14). 8. North comer of the building facing W. South St., proposed location for one 3'x 5' Touch Free Caz Wash sign with car wash menu-Exhibit #1-B on the site plan (see photo 14). If you have any questions or desire additional information concerning this inspection, please feel free to call me at extension #4417. mol9dd ATTACHMENT - ITEM N0. 7 RESOLUTION NO. 2000R-L15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF " '°° ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN CONDITIONAL USE - PERMIT NO. 4069 AND AMENDING RESOLUTION NO. 98R-266. WHEREAS, the City Council of the City of Anaheim heretofore adopted Resolution No. 98R-266 approving Conditional Use Permit No. 9069, subject to certain conditions specified therein; and WHEREAS', the permittee has now requested an amendment to certain of said conditions of approval; and WHEREAS, the City Council held a duly noticed public hearing on June 20, 2000, at which hearing the City Council did receive and consider evidence, both oral and documentary, relating to said Yequest; and WHEREAS, the City Council hereby finds and determines that the amendment of said conditions of approval in the manner hereinafter set forth is reasonably necessary to protect the public peace, health, safety or general welfare, or necessary to permit reasonable operation under said Conditional Use Permit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the conditions of approval heretofore imposed in Conditional Use Permit No. 9069, 'as set forth'in'Resolution No. 98R-266, as heretofore amended by Resolution No. 2000R-19, be, and the same are hereby, amended and restated in their entirety, to read as follows: "1. That approval for the off-premises sale of beer and wine shall terminate on September 30, 2000 if the applicaht has not obtained an Alcoholic Beverage Control (ABC) license prior to said date and, further, that the total number of"active ABC licenses in the underlying census tract is reduced to ten (10) licenses. No sale of beer and/or wine for off-premises consumption shall be permitted on the property unless and until the applicant has obtained an ABC license no later than September 30, 2000. 2. That the retail sale of beer and wine portion of this use permit shall expire three (3) years from the date of issuance of an occupancy permit for the convenience market. That the sale of beer .and wine .shall be permitted only between the hours of 8 a.m. to 12 a.m. 3. That no video, electronic or other amusement devices or games shall be permitted. 4. That no propane tanks shall be permitted. 5. That trees shall not be unreasonably trimmed to increase"° visibility of this facility. 6. That roof=mounted balloons or other similar device s. shall be prohibited. 7. That the numerical street address shall be provided on the roof of the building in contrasting colors to the roof, in a manner which is not visible to any street and to the satisfaction of the Anaheim Police Department. 8. That prior to commencing operation of these businesses, valid business license(s) shall be obtained from the Business License Division of the City Finance Department. 9. That. any on-site telephones(s) shall be located inside the convenience store building. 10. That final architectural and .sign plans shall be submitted to the Zoning Division for Planning Commission review and approval as a "Reports and Recommendations" item. 11. That window signs shall be prohibited. 12. That the submitted monument sign plan shall be modified to remove the street address from the base of the sign and to place the numerical address on the sign in a location identified by the Zoning Division. Said information shall be shown on the plans submitted to the Zoning .Division for Planning Commission review as a "Reports and Recommendations" item. 13. That an inventory of retail sales items (not including beer, wine, fuel or automotive products) exceeding ten thousand dollars ($10,000.00) shall be maintained on the premises. 14. That receipts from the sale of beer and wine shall not exceed thirty five percent (350) of all retail sales during any twelve (12) month period. 15. 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. 16. That the area(s) of beer or wine display shall not exceed twenty five percent (25~) of the total display area in the convenience market building. 17. That cold beer or wine having a temperature below sixty five degrees (65°) Fahrenheit shall only be sold from, and/or displayed in, permanently affixed coolers for the -2- cooling and storage of all refrigerated products. 16. That no advertising of beer or wine shall be located, placed, audible to, or attached to any location outside the interior of the convenience market building; and that any such advertising shall not be visible to anyone outside the building. That the sale of beer and wine shall be made to customers only when the customer is inside the convenience market building. 19. That no person under twenty one (21) years of age shall sell or be permitted to sell any beer or wine. 20. That at least one (1) sign to discourage driving a vehicle while under the influence of drugs or alcoholic beverages shall be prominently displayed. inside the convenience market building for every three. (3) signs advertising beer or wine; provided, however, that at least two (2) such signs to discourage driving a vehicle while under the influehce of drugs or alcoholic beverages shall be prominently displayed inside the building. 21. That the operator of the service station shall participate in, aid and support educational and other programs intended to reduce driving while under the influence of drugs or alcoholic beverages. 22. That all trash generated by this convenience market shall be properly contained in trash bins located within approved trash enclosures. The number of bins shall be adequate and the trash pick-up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property., The 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 bins or additional frequency. of pick-up shall be paid by the business owner.. 23. That any roof-mounted equipment shall be subject to the screening requirements specified ih Anaheim Municipal Code Section 18.94.030.120. Such information shall be specifically shown on the plans submitted for building permits. 24. 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. 25. That the front landscaped setback(s) (i.e., outside of the ultimate rights-of-way) shall include a landscaped earthen berm (minimum three (3) feet high) and shall be planted and irrigated with minimum twenty four inch (24") box sized trees located on maximum twenty (20) foot centers; provided, however, that the City Traffic and Transportation -3- Manager-may modify this requirement to ensure adequate vehicular and pedestrian visibility. The landscaped areas within the dedication area (ultimate street rights-of-way) shall be properly maintained by the property owner until such time that the street is widened. 26. That clinging vines shall be planted on maximum 'three (3) foot centers against all screen walls and fences, including the trash enclosure.. Said landscaping shall be continually maintained. 27. That the trash storage area(s) shall be maintained in location(s) acceptable to the Public JAorks Department, Streets and Sanitation Division, and in accordance with approved plans pn file with said department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as clinging vines or tall shrubbery. 28. 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. 29. That an on-site trash truck turn-around area shall be provided in'accordance with Engineering Standard Detail No. 610 ahd maintained to the satisfaction of the Streets and Sanitation Division. 30. That the car wash shall utilize a recycled water system. The car wash system shall discharge to the sanitary sewer system between the hours of 10 p.m. to 7 a.m. only. This limitation shall be noted on the building site plan and plumbing plans. 31. That the legal property owner shall provide the City of Anaheim with an easement for public utility purposes, with the width and location to be 'determined by the Public Utilities Department when electrical desigh is completed. 32. That the cost of any necessary relocation bf existing Bower poles or street lights shall be at the developer's expense. 33. That this property shall be served with underground utilities in accordance with the Electrical Rates, Rules and Regulations and the City of Anaheim Underground Policy. The most current fees .shall apply. 34. That this project has landscaping areas exceeding twenty five hundred (2,500) sq. ft. and, therefore, a separate -4- irrigation meter shall be installed to comply with Chapter 10.19 of Anaheim Municipal Code and Ordinance No. 5399. 35. That the car wash shall comply with all state laws and local ordinances for water conservation measures..,. Voluntary water conservation strategies shall be encouraged. 36. That only one (1) driveway shall be permitted on South Street and on Harbor Boulevard. 37. That subject property shall be maintained in conformance with plans submitted to the City Traffic and Transportation Manager showing conformance with the most current versions of Engineering Standard Plan Nos. 436, 602 and 607 pertaining to parking standards and driveway locations (driveways shall be located as far as possible from the intersection). 38. That all driveways shall be constructed with ten (10) foot radius curb returns as required by the City Engineer in conformance with Engineering Standard No. 137. 39. That during business hours of subject facility, the men's and women's restrooms shall be available to the public and shall be properly"supplied and maintained. 40. That no outdoor vending machines or water machines shall be located so as to be visible to the public rights-of- way. 41. That the car wash drive-through lane shall be reviewed and approved by the City Traffic and Transportation Manager. 42. That on-site lighting plans shall be maintained in accordance with plans approved by the Community Services Division, Police Department. 43. That the hours of-operation for the car wash shall be limited to 7:00 a.m. to 7:00 p.m. daily. 99. That no storage, display or sales of any merchandise or fixtures shall be permitted outside the building. 45. That the locations for future utility devices including, but not limited to, electrical transformers, water back flow devices, gas, communications and cable devices, etc., shall be shown on the plans submitted for building permits.. Such plans shall also identify the specific treatment of each device (i.e., landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to review and approval by the appropriate -5- City departments. 46. That the roll-up car wash doors shall be painted to-match the exterior of the building. 47. That satisfactory evidence shall be submitted to the Building Division showing that the proposed car wash is in conformance with the requirements of Chapter 6.7 "Sound Pressure Levels." 48. That beer shall not be sold in packages containing less than a six (6) pack, .and wine coolers shall not be sold in packages containing less than a four (4) pack. 49. That signage for subject facility shall be limited to that which is shown on the exhibits submitted by the petitioner and approved by the Planning Commission, except as otherwise specified herein. Any additional signage shall be subject to approval by the Planning Commission as a "Reports and Recommendations".item. 50. That the exhaust vents for. the gasoline station tanks shall be located at the rear of the property. 51. That the final building elevations approved by the Planning Commission as a-"Reports and Recommendations" item shall be maintained as approved. 52. That the under-side of the canopy shall be"reduced to fifteen (15) feet high, thereby reducing the overall height to not more than twenty four (24) feet. 53. That the proposed Cypress trees along South Street shall be planted on maximum three (3) foot centers. 54. That the proposed wrought .iron portion of the proposed fence along the west. and south property lines outside the front .setback area, shall be reduced to a height of four (4) feet so that the maximum height of the. fence does not exceed six (6) feet. In addition, the three (3) foot high block wall within the landscaped setback shall be reduced to two (2) feet to match this fence. 55. That the owner of subject property shall record an unsubordinated covenant agreeing to remove any freestanding signs on subject property which may be located within the future public right-of-way at no cost to the City of Anaheim and at such time as the petitioner/property owner makes the public improvement and widens the public street to its ultimate right-of-way. 56. That street lights shall be installed on Harbor Boulevard -6- as required by the Electrical Engineering Division of the Public Utilities Department. 57. That the water backflow equipment and any dther large water system equipment shall be installed to the satisfaction of the Water Utility Division behind 'the street setback area in a manner fully screened from all public streets and alleys. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside the street setback area in a manner fully screened from all public streets and alleys. Said screening shall be continually maintained. In addition, if required by the Anaheim Fire Department, the fire line shall be upgraded. 58. That the parking lot serving the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the. appearance and conduct of all persons on or about the parking lot. Said lighting shall be directed, positioned and shielded in such a . manner so as not to unreasonably illuminate the window areas of adjacent properties, and that said lighting information shall be specified on plans submitted for building permits. Said lighting shall be continually maintained. 59. That prior to issuance of a building permit, a bond shall be posted and a covenant shall be recorded to the satisfaction of the Public Works Department and the City Attorney's Office, guaranteeing construction of the public right-of-way improvements as required by the Public Works Department within a period of five (5) years from the date of occupancy. 60. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner 'and which plans are on file with the Planning Department marked Revision No. 1 of Exhibit No. 1 and Exhibit Nos. 2 through 5; and as conditioned herein, including reducing the canopy height as specified in Condition No. 54, above-mentioned. 61. That prior to final building and zoning inspections, Condition Nos. S, 22, 27, 28, 29, 31, 36, 40, 98, 52, 55, 56, 56, 59, 60 and 62, above-mentioned, shall be complied with. 69. 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 -7- ', does not include any action. or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement." BE IT FURTHER RESOLVED that, except as expressly amended herein, Resolution No. 98R-266 as heretofore amended by Resolution No. 2000R-19, shall remain in full force and effect. _ THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 20th day of June, 2000. ORIGINAL S16NED BY .._ TOM DALY . ATTEST: ORIGINAL SIGNED BY; SHERYLL SCHROEDER CITY CLERK OF THE CITY OF ANAHEIM 36176.1 MAYOR OF THE CITY OF ANAHEIM -8- j ITI=_rt No. s I CALTRANS PROPERTY H fig-70.14 CH 60-61-105 CH 0-6~H10 60-61-105 `~'S5-1 60-61-105 yy-55_1 54-55-1 V-1016 5455.1 SHOPS SHOPS SHOPS CUP 4133 CUP 1365 _ °~~<~~g M ~;e"`0>e ., ANCI4EST ~~T.CUP ~-0,va ER AVE CUP 200101311 ML S'~97 ~ SERV. ~>p STN. ~ FjR EQUIP. CuP MS IN ML 60-61-105 CH V~1342 60-61-105 on cua FENCE x~m ODUCTS CO. °W ° CH ~D 60$1-105 V-1097 S SMALL COMMERCIAL FIRMS LINCOLN AVE NUE '~---- aao' zzo' -~ i CH CL __ CL F i 56-57-27 56-57-27 CH :-RCL 98-99-06t V-2443 S V-1076 5 55-56-01 _ 55 56-01 , %~ CH CH ~ VACANT V-1015 5 CUP 104 T-CUP 2002-04649` m CH 5-66-101 64-65-92 w W SHOPS FURN- 'T-CUP 2001.04301 ° fia-67-51 V-2520 S V-2520 S. W _ RURE CUP 4061 EMARD ~ ~ COMM SHOPS I~ ~ DOORS MILLS FORD ~ ~ CL Q 56.57.27 ^_ CUP 2261 CH ~ J V-1076 S CJ 64-65.53 ~ V-1015 S V-2520 5 W SHOPS 8 REST. RM-1200 MILLS FORD RM-1200 55.56-01 55.56-01 RM-1200 V-1360 67.68.60 CL 56-57-27 q0 DU 40 DU V-1974 CUP 1357 76 DU V-2578 5 V-1076 S V-1015 S CAR WASH PAMPAS LANE CL ML Conditional Use Permit No. 4D61 Subject Property TRACKING NO. CUP2002-04649 pate: January 27, 2003 Scale: 1"' = 200' Requested By: DONG S. AND MYOUNG A. KIM Q.S. No. 54 REQUEST FOR REINSTATEMENT OF THIS PERMIT BY THE MODIFICATION OR DELETION OF A CONDITION OF APPROVAL PERTAINING TO A TIM E LIMITATION (APPROVED ON JANUARY 17, 2002 AND EXPIRED ON NOVEMBER 23, 2002) TO RETAI N A PUBLIC DANCE HALL. 1652 West Lincoln Avenue -Chain Reaction s3s ~; k '. & T /~ Y J~S~irt`' 3 ~.~ GL, ~a :~ Tl 'i •^>t ~4~~L1 ~~ R°~ ~~t ~ ~2.a .!..A StS ' 6e Wen._4 f~'. S~~C~~Yf ' ~i' has r' u~ ?'T d '~~ ~e x~i F . Dir tta e . '.:+z Latt~ - ~ U + ~ b'! ; i Z ~ ~ G ner t D si natlo PCan s rt, ~ ;: eS se ,~~ ~„ ~~,,m , ~: ~ . ang, ,~~ ~ ~ , ~ e g n ~ North!(across i Small commercial! hops uncoln Avenue) and La Habra Stucco CH and ML General Commercial Products East Emardi0oors CH GeneratCommercial South ; Apartments RM-1200 Medium Density Residential: West Furniture Store CH General Commercial DISCUSSION: (6) Timothy Hill, petitioner, has submitted a request for rei modification ar deletion of`a condition of approval pert. retain a public dance hall with no alcohol sales.:: In ad approval for afive-year reinstatement of the permit. North elevation of Chain RE { (10) The'photograph above reveals an outdoor putilic telephone ac elevation. StafFhas included a condition requiring that public 1 the interior of the building.' In addition, the exterior changeablf permitted and staff has included a condition requiring their ren Page 2 (d) That the traf the streets'z (16) 'Department memorandums. (iv) That without the modification of the time limitation to allow reinstatement of this permit, this public dance hall would not be allowed to operate. Page 4 (c) Staff further recomm No: PC2001-13 be i tfie'Anafieim P 12. i That ail floor s partitions and 13. That any viola sufficient grou 14. That the sign boards located on the front be removed. 15. That signage for subject facility sfiall be limit exhibits submitted by the petitioner and app 21. That the rear of this property shall permanently be r litter, and overgrown vegetation. ` 22. That subject property shall be developed substantie plans and specifications submitted to the City of An and which `plans are on file with he Planning Depar 1 and as conditioned:herein. 23. That within a period of 60 (sixty) days from the date whichever'occurs first, Condition'Nos. 2, and 14, at complied with. Extensions for further time to comp) tie granted in accordance with Section 18:03.090 0' Code. 24. That approval of this application constitutes'. approve only to the extent thak it complies with the Anaheim and any other applicable City, State and Federal re not include;any action'or findings as to compliance regarding any other applicable ordinance, ~egulatio ATTACHMENT - ITEM N0. 8 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 lime limitation can be reinstated for an additional period of time, or before such time limitation may 6e deleted or modified by the Planning Commission or Zoning Administrator, the following must be shown: 1. The facts necessary to support each and every required showing for the issuance of such entitlement as set fodh 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, (t 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 forwhioh a conditional use permit fs authorized by this code, or is not listed herein as being a permitted use; .032 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; .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; .D34 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; .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 6e 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 surroundings, 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 possible. Attach additional sheets if additional space is needed. Has any physical aspect of the property far which this use since the i~Asrs~uance of this use peynermit or variance/? ^ Y/-ES g Emlain• / ~7 /~/f'r/C.Ir'/A/V /~~~l~L~'-~' u~ ~7' or variance been grented changed significantly ~~~ ~ (over) CASE NO. Q~ TY' (~.t i~IJP. ,gym ? -rs'~tii/e 2. Have the land uses in the Immediate vicinity changed since the lssuance of this use permit or varlance7 ^ YES' N~Oy-~ ~ ~ /, t ,, j~ ~ , A _ ._.. Explain: / /~CJ~-e- ~l4~rj ~2P_Q/Y~~'LO /~AB~(~`' L~C(f1~2.~Ih d~~- I l'n yvtn f~ Le_. !~ TG1n l ~ St" S ~ rl Cs- ~"~ 15.5~~ ' t S ;O"erm 3. Has any sped of the nature of the operation changed since the lssuance of this use permit or variance9 ^ YE3~ND ll / Explain: ~-~' nos n n~~ 3't.D c%~uti~ ! r1 c)'~-z- r1l~r~`Y`~c~.7-07/~ ~rf~~a^- S1~'t Cam. ~ (SS i.~~-~f'~\ ! S r/•L~.Ymx-~- 4. Are the con''di//lions of approval pertaining to the use permit or vadance being complied withT~ ES ^ NO Explain: VPS ~ Gtr G~ i'~~ _ G.lj C~nc~)~~ S.z~"~~-~/~ 5. If you are requesting a deletion of the time limitation, is this deletion necessary for the continued operation of this use or variance? ^ YES tJ-NO Explain: ~ Clvr G~,S ~yn~ ~D~ -~a..''h /+~- C~/1"'~l~tti'~-r7Y~ ~ /~t~7~ /~ rI?7 S ~ICGf~ Name atProperty Owner or AutharizedAgent (Please Print) ~/-~~. Signature of Pr pe caner or Authorized Agent Date Z0622iIK000 1297 CASE NO.~_ 2 ATTACHMENT - ITEM M0, 8 RESOLUTION NO. PC2001-13 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 4061 FOR TWO (2) YEARS TO EXPIRE NOVEMBER 23, 2002 (CUP Tracking No. 2001-04301) WHEREAS, on November 23, 1998 the Planning Commission adopted Resolution No. PC98-185 to grant Conditional Use Permit No. 4061 and permit a 3;400 sq.ft. public dance hall with waiver of minimum number of parking spaces at 1652 W. Lincoln Avenue and to establish conformity with existing zoning code land use requirements for the existing commercial shopping center; and WHEREAS, on January 3, 2000 the Planning Commission adopted Resolution No. PC2000-02 to amend said Resolution No. PC98-185 and reinstate Conditional Use Permit No. 4061 for an additional period of time until November 23, 2000; and WHEREAS, this property is developed with a 16,900 square foot 4-unit commercial shopping center in the CL (Commercial, Limited) zone; .that the City of Anaheim General Plan Land Use Element designates the property for General Commercial land uses; and that the property is located in the Plaza Redevelopment Project area; and WHEREAS, the petitioner has requested reinstatement of this use permit (which expired on November 23, 2000) to retain the public dance hall.. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 17, 2001, at 1:30 p.m.; notice of said public hearing having been duly given as required bylaw and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts 1. That the use as proposed to be reinstated is properly one for which a conditional use permit is authorized by the Anaheim Municipal Code. 2. That reinstating this conditional usepermit, as conditioned herein, to permit the use for an additional period of time will not adversely affect the adjoining land uses and the growth and development of the area in which it is located; and that the land uses in the immediate vicinity have not changed since the original issuance of the use permit; and that because this public dance hall is being operated in a responsible manner, staff is supportive of a reinstatement period longer than one year. 3. That all physical aspects of the building have remained the same since issuance of this conditional use permit; that the nature of the business has not changed since issuance of the use permit; and that the conditions of approval have been complied with. 4. That the Code Enforcement Division ihdicates thete are no pending violations for this property; and that a site inspection revealed the property is being maintained in a satisfactory manner. COfVDITIO1dAL USE PERMIT CR4999PK.doc ~d- 0~ / PC2001-13 'roc @ r/~/~ a~-tx~G~9 5. That the use permit is being exercised in a manner not detrimental to the surrounding land uses as evidenced by Code Enforcement and Police Department memorandums. -- ---- 6. That the size and shape of the site for the use as proposed to be reinstated is adequate to allow full development of the use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare:.. 7. That the traffic generated by the use as proposed to be reinstated will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 8. That reinstating thisconditional use permit, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 9. That this use permit is being exercised substantially in the same manner and in conformance with all conditions and stipulations originally approved by the Planning Commission. 10. That this use 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. 11. That modification of the time limitation is necessary to continue operation of this business 12. 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 and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 4061 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration: reflects the independent judgment of the lead agency and that it has considered the previously approved Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby reinstate Conditional Use Permit No. 4061 to retain a 3,400 sq.ft. public dance hall with waiver of minimum number of parking spaces for a period of two (2) years to expire on November 23, 2002; AND BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in their entirety, the conditions of approval of Resolution No. PC98-185 adopted in connection with. Conditional Use Permit No. 4061, as amended, to read as follows: 1. That subject use permit shall expire on November 23, 2002. 2. That this public dance hall shall comply with the requirements of Chapter 6.70 (Sound Pressure Levels) of the Anaheim Municipal Code. 3. That at all times when dancing fs permitted, adequate security measures shall be provided to deter unlawful conduct on the part of employees or patrons; and to promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbance of the neighborhood by excessive noise created by patrons entering or leaving the premises. The business operator shall provide a minimum of four (4) security guards at alt times or any other number of security guards as determined to be appropriate by the Anaheim Police Department. -2- PC20D1-13 4. That any and all security officers shall comply with all State and Local ordinances regulating their services, including, without limitation, Chapter 11,5 of Division 3 of the California Business and '°' Professions Code. 5.' That the operator ofany business under this conditional use permit shall not be in violation of any provision of the Anaheim Municipal Code, or any State or County Ordinance. 6. That dancing shall commence nb earlier than 6:00 p:m. nor continue beyond 1:00 a:m. of the same evening. 7. That the .number of persons attending any event shall not exceed the maximum occupancy load as determined by the Anaheim Fire Department. Signs specifying the maximum occupant load shall be posted and maintained in a conspicuous place on an approved sign near the main entrancelexit from the room. 8. That the dobrs shall remain closed at all times when entertainment is permitted, except during times of entry or exit, or for emergencies or deliveries. 9. That the business shall not be operated in a manner detrimental to the public health, safety or welfare. 10. That all entertainers and employees shall be clothed in such a way so as not to expose "specified anatomical areas" as described in Section 7.16.060 of the Anaheim Municipal Code. 11. That all floor spaces provided for' dancing shall be free of any furniture or partitions and maintained in a smooth and safe condition. 12. That any violation of this petition, or any attached conditions, shall be sufficient grounds to revoke this conditional use permit. 13. That signage for subject facility shall be limited to that which is shown on the exhibits submitted by the petitioner and approved by the Planning Commission. Any additional signs shall be subject to review and approval by the Planning Commission as a "Reports aad Recommendations" item. 14. That there shall be no outdoor storage of vehicles in any required parking area: 15. That noYoof-mounted equipment shall be permitted unless screened in accordance with Code requirements ' 16. That the front landscaped planter shall be maintained in accordance with approved plans and in healthy condition. Any trees or other live plant material that become diseased or dies shall be replaced in a timely manner. 17. That this public dance hall shall be operated in accordance with the following rules, as stipulated to by the petitioner:- (a) No one under the influence of alcohol or drugs shall be admitted. (b) Absolutely no alcohol shall be served or permitted on the premises. (c) No "in and out" privileges shall be allowed. (d) No smoking shall be permitted on the premises. (e) No backpacks shall be permitted. -3- l?C200I-13 18. That trash storage area(s) shall be provided and maintained in location(s) 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 adjacent streets or highways. That chain link fence surrounding the area shall be maintained with PVC slats. 19. That the rear of this property shall permanently be maintained free of debris, litter, and overgrown vegetation. 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 No. 1, and as conditioned herein. 21. 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 dyes not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 17, 2001. fO~O~lnal tltlgned by .iohn Kooo) CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: lOriginal signed 6y Osbelia Ecmun~san) SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) i, Osbelia Edmundson, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on January 17, 2001, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: ARNOLD IN WITNESS WHEREOF, I have hereunto set my hand this day of 2001. (Original signed by QsEelia fdmundson) SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2001-13 ATTACHMENT - ITEM N0. 8 Idl ~ IYI ® G'l Fi Itl ® ~ EYI City of Anaheim POLICE DEPARTMENT DATE: January 7, 2003 TO: Vanessa Norwood Planning Department FROM: Sergeant Thomas J. Smith Vice Detail SUBJECT: Conditional Use Permit 2002-04649 LOCATION: Chain Reaction 1652 West Lincoln Avenue Anaheim, CA 92804 The Police Department received an I.D.C. Route Sheet for Conditional Use Permit 2002-04649. The applicant is requesting to reinstate a Public Dance Hall Permit. This is a coffeehouse that features live bands nightly. The location is within Reporting District 1722, which has a crime rate of 60 percent above average. The Reporting District to the north is 1622 and has a crime rate of 393 percent above average. The Reporting District to the south is 1822 and has a crime rate of 31 percent below average. The Reporting District to the west is 1721 and has a crime rate of 3 percent below average. The Reporting District to the east is 1723 and has a crime rate of 30 percent above average. From January 2002 to January 2003 this location has had 25 calls for service. These calls consist of 12 disturbances, 1 keep the peace, 1 trespassing, 1 abandon vehicle, 1 person with a gun, 1 suspicious circumstance, 1 battery, 1 missing juvenile, 1 auto burglary, 1 hit and run, 1 fight, 1 unknown trouble, and 2 audible burglary alarm calls. The Anaheim Police Department does not oppose the reinstatement of the Public Dance Hall Permit. Please contact me at extension 1461 if you require further information. f:~home4tgovemalef2002-04649 Chain Reaction.doc CONDITIONAL USE PERMIT NO . !-~D ~ / l12. COUP moo. ac~~- dy~y~ ATTACHMENT - ITEM N0. 8 MEMORANDUM CITY OF ANAHEIM Code Enforcement Division DATE: DECEMBER 31, 2002 TO: VANESSA NORWOOD, PLANNER FROM: i~ DON YOURSTONE, SENIOR CODE ENFORCEMENT OFFICER SUBJECT: CHAIN REACTION, 1652 W. LINCOLN AVE. This memo is written in response to your request for information regarding Chain Reaction, located at 1652 W. Lincoln Ave. Code Enforcement records indicate no complaints have been received regarding the operation of this business. On several occasions I have conducted inspections at this location and found Chain Reaction was open and operating within the conditions of approval for Conditional Use Permit # 4061 and there were no code violations during all of the inspections. If you have any further questions regarding this matter, please feel free to contact me at ext. 4451. m?82dy.doc %~ ~IJP ~ro_a~-o~~y~ •'•"~~IT1pNAL USE PERMIT n ~ lo/ I TEt1 N0. 9 1 p~~Ep;GN FS T2oGH 10U ~ SS SS ~yPRE RS'p2 00-p4239 ~_GU P 2001- S_G GUP 3611 c ~H~RCH w ~, '` ~ r ~ -~< <'~' 9 00 ~Y . 3yf /~,~..~.~ r: 612p02A465 R 253'9 ~ CL ~ .. c} UP 1769 5222 1200 00 i~~ ,eSrF%° ~~ ~~"r CUP 1q0 51- TS RrM~,--~7 g0 7 R UP ~6 6 ..y 5,~2 ~q65 =:, GpUP64 1 30 DU C~N-59-A310 p v Gg4.85-10 2p02.00009'`~ .. v.2624Ap00 mr Yo- 51.5X22 0 >P N~5~5 ~ ~ ~~ 6N 5~5 661 4DU 4DU ~g46~24 w 66 ~U s ~ST~RE~ ~~...« tVOF S~~F 52-`_'3_-9~ n ~. \ ~ ...~.„,..r'" ~. a ~z ~:.,~ t,.;.L\CS SHOPS ~~. Conditional Use Permit No. 2002-04651 Subject Property Determination of Public Convenience Date: January 27, 2003 or Necessity Permit No. 2002-00009 Scale: 1" = 200' Requested By: BONNIE M. WEBERG Q.S. No. 93 CONDITIONAL USE PERMIT NO. 2002-04651 - TO PERMIT RETAIL SALES OF BEER AND WINE FOR OFF-PREMISES CONSUMPTION WITHIN AN EXISTING CONVENIENCE MARKET.. PUBLIC CONVENIENCE OR NECESSITY NO. 2002-00009 -DETERMINATION OF PUBLIC CONVENIENCE OR NECESSSITY TO PERMIT SALES OF BEER AND WINE FOR OFF-PREMISES CONSUMPTION WITHIN AN EXISTING CONVENIENCE MARKET. 1287-A East Lincoln Avenue -Momma's Mini Mart D sao r~'Dlrection ~~ ~~'~"`~~Ca~iidClse flx "'r~~'"Zaning~~"'y; rrGeneral~t~lanDesjgnation~' ,^' ,k...Nr:"c.„.,.6.~~., ,-ir'-sue,-?'?m~,.?sa A~`.5'v,.~.~, ~n~;.~s4 ~; r$„-.,Ffi'~~-, ~ .. r. .. ,y4,,a.~,.F. _ Low-Medium Density North Church' RS-A-43,000 Residential East Apartments RM-1200 Medfum'Density Residential Southtacross uncoin Retail Shops and Motel ' CL General Commercial Avanue) West "Apartments RM-1200 General Commercial fib) ~c) (dY> (e) market would be Mondaq,throu The business is family owned 2 additional employees as a resu as a market specializing in Latfi REVISED 1127/03 Report to the ling Commission 3ry27, 2003 No 9 in_ ;and public uiai Use Area (Square Footage) Code Required Parking Ratio ' s aces er9,000 s.f, No. of Spaces Required' Convenience Market 1,8001 5.5 9.9 Uacant 1,800' 5.5 9.9 Mexican Restaurant 3,240 8 25.9 Insurance A enc 800 4 3.2 Beaut Sho 800: 5.5 4.4 Barber Sho 640 5.5 3.5 Produce Market 6001 5.5 3.3 Thrift Shop (Nearly New 1,240 5.5 68 Music Sho 748 5.5 4.1 ? Drive-Through .:.Restaurant - 506 16 8.1 Thrift Sho CHOC 18 000 5.5 99.0 Video Store 1,188 5.5 6.5 TOTAL 31,362 185 five (5) off-sale licenses with `attachment.) It should be n Page 5 (23) Principally, the issue before the necessity would'be servedby a nor [o [ne peace,, nea¢n, sare[I (d) ;That the traffic generated by;tF upon the'streets and highways area; and (e) That the granting of the conditi would not be detrimental to tfie citizens of the City of Anaheim RECOMMENDATION: (26) Staffrecommends that unless additioi meeting, and based upon the evidenc the evidence presented in this staff re public hearing tftat the Commission to (a) By motion, determine that the Class i,S(Existing:Facilities) o (b) By resolution, deny Condition sales ofbeer and wine for off• market) based on the foilowin 13, That shy .stacking 14. That no 15. That the illuminat parking' unreaso Commui 16. That the builtling 17. That the landscaj hours fn 18. That all` feet fron 19. That 4-fi material Inforcnat Service: ueparcment mancea pxmo¢ rvo. i;;anc<as conamon 23. That prior to commencement of activity authotlzed' date of this resolution, whichever occurs first, Conc mentioned shall be complied with. 24. That approval of this application constitutes approv it complies with the Anaheim Municipal Zoning Cod Federal regulations. Approval does not include and of the request?regarding!any other applicable ordini Page 8 ATTACHMENT - ITEM N0. ~ To: Anaheim City Council and. Anaheim Planning Commission Re: Petitioner's Statement of Public Convenience or Necessity Mama's Mini Mart at: 1287 E. Lincoln Avenue Anaheim, CA 92805 Owner: Alicia Cornejo The purpose of the following narrative is to explain the Public Convenience and Necessity and to answer the seven questions that have been posed to justify the convenience and necessity. To understand the need for a store such as Mama's Mini Mart we need to start with the culture of the residents living in the vicinity of the store. The neighborhood is largely made up of residents of Hispanic decent. Typically the husband goes to work every day and the wife is a homemaker that takes care of the house, does the laundry, takes care of the children, does the shopping and prepares the meals for the family: In the Hispanic culture, this has been tradition for generations. These low to middle income households are also limited in that they are sometimes a "no-car" and often a "one-car" household. This presents a transportation protilem when it comes time to do shopping. In the case of the target customer for Mama's Mini Mart, when the wife needs a few items to carry out her household responsibilities of cooking and cleaning: The target customer travels to and from the nearest store by walking. Mama's Mini Mart specializes in Hispanic products that range from laundry detergent to cleaning supplies to cooking spices to fresh milk, eggs and bread to over-the-counter ointments, cough syrups and cold remedies. All in the brands they know and have trusted throughout their lives. The purpose for Mama's Mini Mart is to serve this largely Hispanic neighborhood and offer a close and convenient location to purchase these products. By adding alcoholic beverages to the variety of the products carried in the store simply means that'rf the customer wishes tp purchase these items they will have the opportunity to do so without going to the next nearest Hispanic Grocery Store that is nearly one mile further away at East Street and Sycamore Street. When the wife is doing the shopping she will be able to pick up these items and save a trip to a store further away from home. When her husband comes home from work, 'rf he wants to have a beer to relax after a hard day, he will not be required to get in the car, if the family has a car, go to this further store to purchase the beer and it will reduce the temptation to open and drink the beer while walking or driving back home. If anything, this will help REDUCE crime and danger in the community! There is another similar business in the same shopping center that does sell beer & wine and other snack food items called J8J Produce. Unfortunately, they do not offer the Hispanic products or even fresh produce as the name suggests. This means the shopper must decide, "Do I go to buy the beer and wine first?" But, legally I cannot take it into the Mini Martwhere I need to go for the cooking spices I need to finish the dinner I am preparing. If I purchase the items in the Mini Mart first, then the owner of J8J Produce is nervous about me coming into the store with bags in my hand so that I can buy the beer that my husband would enjoy when he gets home. The location of Mama's Mini Mart has been the site of a Full Liquor store for many years prior to the Mini Mart's opening. It was closed over an unfortunate and lengthy divorce dispute. The length of these legal proceedings prevented the previous full liquor license from being "Grand- fathered" to the Cornejo family once they were able to take possession, rehabilitate and re-open the store. Yes, there is an elementary school property a half block down the street on the other side of Lincoln Avenue. The nearest part of this school property is the far back area of the playground of -- the school property. The school faces onto Broadway Avenue, two residential blocks south of Lincoln Avenue. Mama's Mini Mart is not visible from the school's property. Also, Mama's Mini Mart is located at the far back part of the shopping center, next to the CHOC Thrift Store, more than 100 yards away from Lincoln Avenue. It is estimated that alcohol sales would make up less than 20% of total sales at Mama's Mini Mart. The total sale of alcohol is not the important issuehere. The important issue is the convenience to the customer. If alcohol is one of the items the customer intends to buy on their shopping trip,. the customer will likely go to where they can buy alcohol. If Mama's Mini Mart is closer to home and more convenient, the customer will go to Mama's Mini Mart to buy the alcohol and the other specialized Hispanic products they desire. If Mama's Mini Mart can make it more convenient to make that purchase closer to home we can increase our overall sales. Once Mama's Mini Mart is granted a license to sell Beer & W ine alcoholic beverages for which we have applied, we will of course have to be diligent in making sure that alcohol is ONLY sold to those customers that are legally allowed to purchase these products. This is when CONVENIENCE will really become an important issue. Alicia Marquez, the ownerof Mama's Mini Mart is a long-time resident and homeowner not only in Anaheim, but also in the very neighborhood where the store is located. Alicia owns and has successfully operated Alicia's Travel, a retail travel agency at 1425 E. Lincoln Avenue, located just oneblock away from Mama's Mini Mart since 1991. Alicia is a respected member of the community and knows nearly all the local residents from her dealings with them at the travel agency. Alicia and her family know which children belong to which family and know how to reach their parents if there becomes a need to do so. Alicia's daughter Martha, who has also worked with her mother in the travel agencyfor many years,: is managing Mama's Mini Mart. It would simply be silly for the neighborhood minors to even attempt to make an Illegal purchase of alcohol since the Cornejo family most likely knows their parents. and how to reach them. The Cornejo family, being residents and homeowners in this neighborhood, plus owning two businesses and an apartment building in this neighborhood have a vested interest in making this neighborhood a safe environment for all of the local residents, neighbors and friends they have made over the years. ATTACHt1ENT - ITEt1 wo. 9 MEMORANDUM City of Anaheim POLICE DEPARTMENT DATE: October 24, 2002 TO: Amy Vazquea Planning Department FROM: Sergeant Thomas J. Smith Vice Detail SUBJECT: Alicia Cornejo Mamas Mini Mart 1287 East Lincoln Avenue, Suite A Anaheim, CA 92805 The Police Depa rtment received a request for statistical information for the above listed location. The location is within Reporting District 1626, which has a crime rate of 114 percent above average. It is also within Census Tract 864.05, which has a population of 6,699. This population allows for eight On Sale licenses and there are presently five licenses in the tract. This population also allows for five Off Sale licenses and there are presently four active licenses and one pending license in the tract.. The Census Tract boundaries are: North La Palma Avenue South Lincoln Avenue East State College Boulevard West East Street Off Sale Licenses in the vicinity of the applicant: 1287 E. Lincoln Avenue, Suite l< 1931 E. Lincoln Avenue. 1287 E. Lincoln Avenue, Suite A 508-510 N. East Street 500 N. East Street J & J Produce A & V Liquor Mamas Mini Mart (pending).. Camiceria La Reiha De Mexico. Tic Tac Market On Sale Licenses in the immediate vicinity of the applicant: 1287 E. Lincoln Avenue, Suite D 1221 E. Lincoln Avenue 125 N. State College Boulevard 530 N. East Street 1909 E. Lincoln Avenue EI Ojo De Agua Bar Busy Apron La Isla Bar & Grill EI Nopal Restaurant Yen Tai Yun Memorandum Amy Vazquez Mamas Mini Mart :Page Two The Census Tracts surrounding this location are as follows: North - 864.04 On Sale allowed 7/active 2 population 6,217 Off Sale allowed 4/active 5 South - 863.01 On Sale allowed 8/active 5 (1 pending) West - 865.01 On Sale allowed 5/active 4 East - 864.02 On Sale allowed 6/active 4 Additional Census Tract information: North West - 865.02 On Sale allowed 8/active 0 North East -117.20 On Sale allowed 8/active 0 South West - 873 On Sale allowed 11/active 4 (1 pending) South East - 863..04 On Sale allowed 5/active 3 population 6,930 Off Sale allowed 5/active 3 (1 pending)... population 4,748 Off Sale allowed 3/active 5 population 5,336 Off Sale' allowed 4/active 4 population 6,678 Off Sale allowed 5/active 3 population 7,535 Off Sale allowed 5/active 4 population 10,041 Off Sale allowed 7/active 6 population 4,532 Off Sale allowed 3/active 4 The Police Department responded to 1287 East Lincoln Avenue, Suite A, 4 times since September 1,2001. The calls include 4 audible burglary alarms The Reporting District to the north of this location is 1526 and has a crime7ate of 95 percent above average. The Reporting District to the south is 1727 with a crime rate of 3 percent above average. The Reporting District to the west is 1625 with a crime rate of 125 percent above average. The Reporting District to the east is 1627 with a crime rate of 35 percent above average. Memorandum Amy Vazquez Mamas Mini Mart Page Three Census Tract 864.04 On Sale 1527 E. La Palma Avenue 1513-15 E. La Palma Avenue Off Sale 1131 N. State College. Boulevard 1140 N. East Street 1150 N. East Street 1021 N. State College Boulevard 1501 E. La Palma Avenue Census Tra ct 863.01 On Sale 407 S. State College Boulevard 511 S. State College Boulevard 821 S. State College Boulevard 801 S. State College Boulevard Off Sale 541 S. State College Boulevard 201 S. State College Boulevard 201 S. State College Boulevard 1201 E. Santa Ana Street: Census Tract 865.01 On Sale 936 N. Lemon Street 735 N. Anaheim Boulevard 727 N. Anaheim Boulevard 520 N. Anaheim Boulevard Off Sale 722 N. Anaheim Boulevard 609 N. Olive Street 760 N. Lemon Street 800 N. Anaheim Boulevard Census Tract 864.02 On Sale 2011 E. La Palma Avenue 1086 N. State College Boulevard 100 N. State Cotlege Boulevard Off Sale 1134 N. State College Boulevard 1096 N. State College Boulevard Thai BBO Restaurant La Playita Stater Bros.. East Town Liquor Northgate Market Savon Big A Liquor Sizzler Angelos Fidaldnis Subs Luigi D Italia Happy Liquor Shell Car Wash (pending) Shell Car Wash (transfer) 7-11 American Legion: Adriatic Inn... La Tavema Taquerias Guadalajara Northgate Market La Mexicans Market EI Trunfo Market Brookhouse Liquor. Black Angus JC Fandango's Carrows Farmer Boys Market M & M Liquor Memorandum Amy Vazquez Mamas :Mini Market Page Four Census Tract 865.02 On Sale None Off Sale 407 E. North Street 775 N. East Street 1034 N. Patt Census Tract 117.20 Off Sale 235 W. La Jolla Road 703 W. La Jolla 503 W. La Jolla Street 325 W. La Jolla Street Census Tract 873 On Sale 805 E. Sycamore 406 S. Anaheim Boulevard 20 S. Anaheim Boulevard 188 W. Lincoln Avenue 30 S. Anaheim Boulevard Off Sale 401 N. East Street 327 S. Lemon Street 270 W. Lincoln Avenue 130 W. Lincoln Avenue 926 E. Broadway Street 301 S. Anaheim Boulevard Census Tract 863.04 Mondragon Market 7-11 La Prima Market Unknown in the City of Placentia Unknown in the City of Placentia Unknown in the City of Placentia Unknown in the City of Placentia VFW Covered Wagon ear Bella Maris Angier EI Burrito Naders (pending) Jacks Market Ibero Amer Market Savon Voris Huzars Variety Arco On Sale 2010 E. Lincoln Avehue Unknown 2016 E. Lincoln Avenue Tokyo Bowl 512 S. State College Boulevard Ozeki Japanese Restaurant Off Sale 2120 E. Lincoln Avenue Rite Aid 2790 E. Lincoln Avenue 7-11 2500 E. Lincoln Avenue' Mobil 2030 E. Lincoln Avenue Ralphs Due to the high crime rate the Anaheim Police Department recommends denial of this request. f:\home\tgovamale\1287 E Lincoln Mamas Mini Mart Update.doc ~ y O V ~, ~ ~ c £ ti c O ~ ~1 ~ N •c ~ O ~ E ~ in ~ yy $.... 0 8 0 ~ ~ ~ r c ~ ~ ~ E g o o~ M v ~ °~ . E A o m E > ~ ~ ' c p ~ ~ ~ a c ~ a z ~d ~ c . U ~ a -`; d ~ O ~ ~ Q ~~ 00 oZ N ~~ U~ a a a 5 N J N + 0 N. ~j Sz ~ r + a N N '- 7 + ~Q, r N ~ OA193'J3lW~3J.V15 Q Z) ~ Q' \° Z ~. 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ITEM N0, 10 2102 ~ CL RCL 8485-31 CUP 2678 ~------ CL RC 6 25 i ~ ___ i CUP 75 I ~_j ARCADE RM-3000 j j CL 82-83-07 ~ ( I CL CL 7475-16 1 I CUP 2354 I I CU P 3926 CUP 1496 ~ j ~WNHOMES I VACANT CL RCL 70-79-03 3 70.71-51 (Res..ot lnte nl 665752 REST. 55 C ~ o RS-7200 V 3362 ~ V-3092 Q 75 74 -38 W CUP 1843 MOTEL CUP 1736 j CUP 1547 O CL m 59-fi0-60 CUP 3260 MOTEL = = U W CL _ ~ RC ~~_~i 32 m ~ B r o V-1229 m g v MOTEL NW r 0= CI RCL 60.81-41 CUP 2231 T-CUP 2000.04312 MOTEL CUP 1843 CL RCL 80-81-44 CUP 2237 ECONO LODGE MOTEL CL RCL BB-89-30 SAHARA CUP 3110 MOTEL V-1055 CH 6465-69 Variance No. 4322 TRACKING NO. VAR2002-04548 Requested By: TIEN SENG INTERNATIONAL RM-1200 66-69-50 V-2034 APARTMENTS CL 66-67-15 SMALL SHOPS RM-1200 61-62-81 CUP 209 (56-57-40 T) (V-1401) STONYOROOK DR APARTMENTS 58 DU RCL 903~~31 es of Intent to CL) RM-1200 CUP 3436 CUP 379 X ~ CL ~~•~ VAR 2002-04648 ~ eo Bt-3t RM-1200 ~. CL ~'estt cuP 343 61-82-61 ,. 70-7142 s„~,. .cuP 2142 CUP 209 cUP z142 =~ vAR 432z APARTMENTS /AR 2002-0454& MgJEL '%VAR 4322 - ; n=MQTEL..~% RM 7200 RS-7200 7pM 2002-128 RS-72( 1 DU . VAR 2002-04529 1 DU EA ROME AVENUE RS-7200 ~ \ ~ i 1 DU EACH RS-A-43,000 BADEN-POWELL ELEMENTARY SCHOOL x o(~ aQ ~w N~ rr o ~4`79[Z6°-28 6263?36 \ I 56-57-33 56-57-33 _ - CUP 314 RS-7200 - APARTMENTS iDU EACH 64 DU RM-1200 LYNROSE DR RM-1200 62.63-36 RM-1200 56-57.33 62-63-36 RM•1200 CLIP 314 . .,.. ,.... C(1P 314 C ~ ~; Subject Property Date: January 27, 2003 Scale: 1" = 200' Q.S. No. 14 REQUEST FOR REINSTATEMENT OF THIS PERMIT BY MODIFICATION OR DELETION OF A CONDITION OF APPROVAL PERTAINING TO A TIME LIMITATION (APPROVED ON OCTOBER 27, 1997, AND EXPIRED ON OCTOBER 27, 2002) TO RETAIN AGCESSORY GROUND-MOUNTED TELECOMMUNICATIONS EQUIPMENT WITH WAIVER OF MINIMUM STRUCTURAL SETBACK ADJACENT TO A RESIDENTIAL ZONE. 800 South Beach Boulevard -Ramada Inn 541(2003-1-24) Staff Report to the :Planning Commission: January 27 2003 Item No. 10' 10a. ' CEQA CATEGORICAL EXEMPTION -GLASS 1 `(Motion)' 10b. VARIANCE N0.4322 (Resolution) j(TRACKING NO. VAR 2002-04548) Directions%; ,,, < Mrs ,,,, Lan(tl,Use~~„y~', ~ ~ ;2on)n9.~ `v r~eneial-PiarA.Desigriation North Commerciafuses and Apartments RS-A-43,000 & RM-1200 General Commercial and Medium Density Residential East Apartments RM-1200 Medium Density,Residentiai South , Single-Family. Homes RS-A-43,000 and RS-7200 ' General,Commercial and Low Density Residential West (across Beach Boulevard) Motels CL General Commercial Page 1 DIS (6)'' (a) The facts necessary to support each and every required showing f~ such entitlement as set forth in this chapter exist; '> (ti) SaidfE with`a (c) Said'F Page 3 i 2. That the maximum height of the equips shall not exceed the height of the existi whichever is less. Page'4 ATTACHf1EtJT - ITEf1 N0. 10 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 may be deleted or modified by the Planning Commission or Zoning Administrator, the following must be shown: 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 Councilor Planning Commission may grant any request for a corditional use permit, it must make a finding of Facl, 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 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; .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 not 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 surroundings, 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 (n 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 detdmental 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 lime 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 AdminisVator or Planning Commission to arrive at a decision, please answer the following questions fully and as complete as possible. Attach additional sheets if additional space is needed. 1. Has :any physical aspect of the property for which this uermit or variance been granted changed significantly since the issuance of this use permit or variance? ^ YES NO Explain: (over) CASE NO.~- VAR N0. 4 3 2 2 ' .! 2. Have t nd uses in the immediate vicinity Changed since the issuance of this use permit or variance? ^ YES NO Explain: 3. Has an ect of the nature of the operation changed since the Issuance of this use permit or variance? ^ YES~NO . Explain: 4. Are the conditions of approval pertaining to the use permit or variance being complied wit67~YES ^ NO Explain: 5. If you are requesting a reletion of the time limitation, i5 this deletion necessary fog the continued operation of this use or variance? ^ YES NO Explain: 'I~PaJ ~ u.~k.E Name of Property Owner or Authorized Agent (Please Print) 11 07 av Signature erty 0 or Authorized Agent D to z06ZP5JK000 1?/47 CASE NO. 2 I EI RM-1200 °Ic=i RS 17200 RCL 2002-00081 ~ ~ 1 DU EAC RCL 2000-00036 (Res. of Inl. to RS-A-03,000) ~ ¢ o ~ ~ ~" RCL 77-78-7 ~ RCL 76-77-9 ~ CUP 2002-04603 ~ TYLER AVE TYLER AVE CUP 1643 VAR 2960 VAR 2632 ~ I GPA 2002-00405 ' 1 PCN 2002-00006 I ~ RS-7200 ~ VACANT Q~ 1 DU EACH I`-J"I--li iL- ~ ~ ~ cL sz s~so I 1 i I ~ TTM 16469 CUP 346 ~~ POLK AVE RCL 2002-00090 LINDALE VILLA -~ I I j ~~ ~ ~ RCL 91-92-OS B6 DU I I I RS-7200 ~ CUP 2002-04652 ~1 ~ R 11200 ~ I 1 DU EACH CUP 3456 ~ I RCL 77-70-7 . ~7~ 1 CUP 3 02 ~ ~ RCL 76-77-9 --1 ~~ I CH VAR 4012 I CUP 1643 j w ~ RCL 98-00.19 ~~ RM-120D I VAR 2960 I ~ ~ RCL 55-5F36 VACANT U CUP 2002-04636 - ~ 87-6835 I VAPT532 I ~ I CUP 2002-04812 ° -I V-3742 CL I T-CUP 2002-04522 NF m APTS. 56-57-15 I 198 DU L -~ CUP 4188 ~ 65 DU CUP 2528 I eEL-AIR n ~- CUP 554 j l j ~ ~ CENTER _ ~ SEL 1 I ~ \ ~-230'-~ 700'-~~ SQUARES &ARET~IL LINCOLN AVENUE J win-tzoo ana-1zo6 w. 767618 75-7&18 CL m o 63-84-76 63-04-76 To-Ta7a RM-1200 3 ~~ amp 81-62.86 fit-62-6fi V-2283 OJ oma' CUP 192 CUP 192 v-zz2e 70-71-16 =JO Jm-o APTS. APTS. 6667-44 O U= o==N RM-1200 a DU BDU pAgM V-2207 1 Wc7 oow 69-70-2 INS. V-1647 Z ¢ V-2102 RM-1200 N APARTMENTS 75-7618 VILLA DEL SOL 224 DU 63-64-76 APARTMENTS 61-62-66 207 DU CUP 192 V-1856 APTS. s2 Du Reclassification No. 2002-00090 Subject Property Conditional Use Permit No. 2002-04652 ~ Date: January 27, 2003 Tentative Tract Map No. 16489 Scale: 1" = 200' Requested By: PHILLIP R. BENNETT p.S. No. 12 REQUEST RECLASSIFICATION OF THE PROPERTY FROM THE CL (COMMERCIAL, LIMITED) ZONE TO THE RM-3000 (RESIDENTIAL, MULTIPLE-FAMILY) ZONE., OR A LESS INTENSE ZONE. TO CONSTRUCT A 7-UNIT DETACHED ONE-FAMILY RESIDENTIAL CONDOMINIUM SUBDIVISION WITH WAIVERS OF: (a) MINIMUM PRIVATE STREET STANDARDS (b) MAXIMUM FENCE HEIGHT (c) MINIMUM INTERIpR SETBACK. 2865 West Lincoln Avenue 542 1 (1 >1 1 `1 Direction Land Use Zonin General Plan Desi nation North Single-Family .Residences RS-7200 Low DensitylResidential East A 'artments RM-1200 Medium Densi Residential .South (across Lincoln Avenue Apartments RM-1200 General Commercial'ahd Medium Densi Residential '.West CommerciafCenter CG Low-MediumDensi Residential i iron. DEVELOPMENT'PROPOSAL (6) The petitioner is?equesting to reclassify the property from'. the CL (Coma ZoneYo RM-3000 (Residential, Multiple-Famlly)'zone in connection with s permit and tentative tract map to construct a one lot, 7-unit detached airs condominium subdivisionLTheslte plan (Exhibit No. t) and tentative;trac~ following site cfiaracteristlcs. De~relopme0fStandards ~ Proposed Projeat~ ~ RM 3000 Zone , ' Site Area 0.6 acres 26,136 s.f. N/A Number of Dweilin Units 7 dwelltn units 18 units maximum Average Land Area per Unit 2,646 s.f. without privatestreet ;3,000 s.f. minimum 3,733 s.f. with" rivals street Lot Covera a 33% 40% Average Recreational Leisure 1;202 s.f. per unit '.1,200 s.f.;per unit minimum Area er Dwellin Unit 8,420 s.f. total 8,400 s.f otal Page 2 Direction-.~' % ~~Proposed ~ Coiie~Requir~d :_ ~ ;;Proposed ;. :Code=Required. Adjacent °: Building~~~~~ ~ : ';Building ~ ~~Lat]dscage ;; ;Landscape ~ ~ honing ,' ~; ~ 6eftiaok~ ` ~ -Setback .:; ~~ 6etbaclc ~ ~ ~ " Settiaok " North adjacent 50 feet to the 50 feet (for 2 20 feet with 20 feet with 5 : RS-7200 tosingle-family 2nd tory; 20 story structures) 17 trees trees :residences to 1~` story, 20 feet for 1 sto East adjacent 7 feet 9 feet ?7-14 feet with None required RM-1200 to apartments >2 trees, groundcover :'and shrubs .West adjacent 7 feet ! 9 feet 7-14 feet with None required.: CH 'commercial '2 trees, `center groundcover and shrutis :South adjacent 35' feet 35 feet to the =30 to 35 feet 20 feet with 5 - N/A ; 'to Lincoln residence groundcover trees Avenue !and 2 trees No.of` Site Area ~ Density P~o'ect ~ ; Zonin ~ .Units ~' acres Pro osed Pro'ect RM-3000 7 0.6 ..11.6 Olson Company RM-3000 21 2.50 +8.4 3302 West Balf Road Olson Company j RM-3000 26 2.90 ' 9.0 226-230 N. Rio Vista Street Brandywine Development 12 1.3 9.2 820 S. Ma nolia`Avenue RM-300D Knott/Ball '18 ' 2.1 8.6 832 South Knott Ave. RM-3000 Peppertree Walk? i88 5.67 11.9 1925 W. LincolrtAve. 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:& Olive St RM=3000 112-218 S. Brookhurst SL RM-3000 457 6.25 9.1 adjacent to the single-family zone albs maintain a 50 setback to the seconds window into the hallway onahe north e residences. Code permits wo-story u minimum setback of 50 feet is mainta single-family residences. (13) The landscape plan (Exhibit 8) indicat planted along Lincoln Avenue. Code'h frontage for a total of 5 trees. The plai tree5within a 20-foot wide fully landsc to asingle-family residential zone bou foot centers and a 20 foot fully IandsG -r rtn~ (19) Wa (zo) .;wai five 7) N thee. waiver is to prevent discrimination and none shall be approved it of granting a special privilege not shared by other similar properl code waiver is granted by the Planning Commission, it sftall be (a) ;That there are special circumstances applicable to the p~ topography, location or surroundings, which do not apply properties in the vicinity, and (b) That strict application of the Zoning Code deprivesthe pr by other: properties under identical zoning classification i~ Staff,Reporl Planning Cc January 27 Item No. 1't RECOMMENDATION! (27) Staff recommends that unless additional or contrary information is received meeting, and based upon the evidence submitted to the Commission, inclw evidence presented in this'staff report, and oral'and written evidence presei (a> (iii) That the size and shape of theisite for the: detached!condominium subdivision is adequate to allow the full development of the Tdetached dwelling whits in a manner nofdetrimental to the surrounding residential "'neighborhoods. (lv) That the traffic generated by the detached condominium subdivision would f not impose an undue burden upon the streets and highways esigned and improved to carry the traffic in'the area Page 8 :.Page 9 4. That transl show treaty point; plans submitted for building permits for Planni~~ Streets and Sanitation'pivision approval. ', 9. That a plan sheet for solid wastelstorage and c~ submitted to the Public Works Department, StrE approval. < 10. ?.That an on-site trash truck tum=around areasfi. No. 610 and maintained to the satisfaction'of h Sanitation Division. Said tum-around area shall building permits. 11. That roll-up garage doors shall be shown on pia hall be installed and maintained') as shown'on 12. That all air conditioning facilities and other groui from view and the sound buffered from adjacen specifically hown on the plans submitted for b 13. That ail plumbing or other similar pipes and fixh fully screened by architectural devices and/or aj shall be specifically shown on the plans submitt Page 14. That the property, landscape mainte hours from time'o i mess zz ana zs; e complete said coed Municipal Code. :Page 11 25. That pi a6ove• 26. That a~ that it Feder approv THE FOLLOW AN=INTERDEE PLANNING'CC 1. That tt easem 2. ThattF EnginF easem 3, That p, Manac practic W QMF review other applicable ordinance, regulation or requirement. 12-19-2002 09:58am From- T-309 P.002/002 F-286 ATTACHMENT - ITEM N0. 11 """""" PETITIONER'S STATEMENT OF 7USTIFiCAT1ON FOR VARIANCE/CODE WAIVER (NOT REQUIRED FO~Rr PARKI//NG V; RIVER)pp •~ REQUEST FOR'vVAIVER OF CODE SECTION: ~ ~ ~~ • ~~b "r ~/'~Fi/ ~~' ,^ / / /A /~L' /' ( ~~~ to statement is reeuired for aach Code waive[) PERTAINWG7O: ~~~ Vl~. `/V /`< Sae:iors 18.03.DA0.030 and 13.1?.060 of the Anaheim Municipal Code requite that beforz any variance cr Cody waiver may be g:-ar[ted by the Zoning Adtni~istrator or Planrtir~g Conrrtission, :hz following shall bz shown: That there are spacial cirumstances applicablz to the propetrj, includutg size, shapz, topogaphy, location or sturoundings, which do not apply to othzt property under identical zoning classification in the vicinity; and 2. That; bzt:auE of such special circutnstanezs, stric[ application of Ste zoning code depraves the propery of privilzges enjoyed'oy other property under identice] zonL-t~ classitcation in the vicinity. Ir. order to deten~zinz if such special circumstances exist, and to assist the Zoning Ad-rtinistrator or Planning Commission to arrive at a decision, pleasE answzr each of the following question: regarding the proper ry fur which a variance is sought, fully 2nd as catnpletel;/ as possible. if you nod additional space, you may attach additional paees. 1. Pse there specia~rcwnstances that apply to the propzrt}• in matters such as size, shapz, topography, location. or surroundings? '! Yea ^No. "`Yn," descrihz the speoial circurstances: ENE Gv^T /5 ~. 4~'erz the special circumst2RCes creatzd by causes beyond the control of the property owner (or previous property pwnE[S~? ~~~ES ~ NO The _ ~Z-La'~!'~ Agent Data L/ CONDITIONAL USE PERMI"fNARIi+74CE N0. DECEMBER :?, ?n00 Are rhz special circumsr_rtces thsr apply to tI[c property different item ocher prepzrties in thz vicittiry which ara in the sz~nz zone as your propzrry? ~ Yes _ No Do Lhc special circumstances applicab]z to the propzrry daprive it of pritllagzs currently enjoyed by neighboring propzrties located within the s-[r[e zonz? _/Yes ! No ale tatpo:;e of any varianez or Code wsivzr shall bz to przvant tiiscrimirtatien, and no variance or Codt wsiver shill be ved ich wo kI have the effect of granting a special privilege not shared by other prbpcrty in the same uiciniry and zone ~ is n o~r~e expressly,~}fthQriz.~-lsy Zone regulations govemirg subject property. Ust variances ut not pomutted. 12-19-2092 09:59am From- T-3119 P.002/002 F-296 ATTACHMEJJT - ITEt1 N0. 11 V ,.,,_., PETITIONER'S STATEMENT OF IUSTIFiCATION FOR VARIrWCEICODE WAVER (NOT REQUIRED FOR PARKING WATV£R) / REQUEST FOR 11'AIVEfi OF CODE SECTION: ~~• `~ ~ ~~ ~~~ ~~`/ n ~ ~ / A, arate statement is reeuited for aach Code waiver) PERTAINING TO: !U ~ ~ G~I/tJI.O~-lam[ ~G/ Sr,C;ions 18.D3.DA0.03D and 15.13.060 of the Anaheim Municipal Code require that laeforz any variance cr Code waiver may be gtan[ed by the Zoning Adtninistralar or Planrtino Commission, the following shall be shown: 7. Thar [here are special circumstances applicable to the propem/, including size, shape, topography, location or stu-toundir.~s, which do not apply to other property under identical totting classificatiaa fir the vicinity; and ~. Tt1at; bei:aL'Se Of SeClt SpeCtal C'SCL`nlStanC85, strict application of the zoning code depraves the property of privileges enjoyzd'oy other property under identical 2oui-rg classification in the vicinity. Ir: order to dztentrine if sect: special circumstances exist, and to assist the Zoning Administrator or Planning Commission ro arrive at a decisi::m, pieazz answzr each of the fello:v;ng questions regarding the properly for which a variatrce is sought, iirlly and as complztely a> eossihlz. if you raced additional space, you may attach additional paees. 1. Pse then special Sircumstances that apply to fire pi openly' in matters such as size, shape, topography, location. or surroundings? ,V 'Yes ^ No. ~, _. Y£your The variancz ar Cade waiver shall be to prevent discrimination., and no variance or Codc waiver shall be lave the effect of granting a special privilege not shared by other property in the sante uiciniry and zone xpresrsly~9utho= by:.cne regulations goverang subject property. Usr„ variances arz not pemtitted. Authorizzd Agent Datz DECEMBER !], ?U00 CONDITIONAL USE I?ER1vIIfNAfiIrti?4CE N0. Are tF.z special circumstances that apply t9 the property different ttem other propznies in the vicinity wlilch are in tt<c same zone as your propeay? _ Yes / No Do the :special circums-tanczs applicable to the property dzpnve it of pdtKlzges currently enjoyed by nzighborine properties located ~vitltin the s:ttte zone? Yes No Were the special cacurucaces crea[cd by onuses beyond die conrro! of the property owner (or previous proporry oxvzrs)? /Yes ^No 12-19-2002 09:56am Fram- --~ T-30B P.002/002 F-266 ATTACHMENT - ITEl1 N0. 11"""~"" PETITIONER'S STATEMENT OF 7USTIFTCATION FOR VAR111NCEICODE WAIVER (NOT REQUIR~E+D FOR PARI+INGnV,'AIVER) REQUEST FOR WA1V1<R OF CODE SECTION: ~C7 ~~ ~Z ~ /t'! ~/Y ~ ~~ 5~~~ n / / / A se state statement is reeuired for each Code waiver) PERTAINIlVG TO: ~e,J~ `~ • G~~L~~'~-/L/ fi'~/~ Srutiuns 1$:03.0-00,034 and IS.l?.064 of the Anaheim Municipal Code require that before any variance cr Codc waiver may be ~sarttad by the Zoning Administrator ar Plaruting Convnission, the fallowing shall be shown: 1. That there aza special circumstances applicable to the property, includ'utg size, shape, topogaphy,leca[ion or stutoundirgs, which do not spply to other property ands: identical totting classification in the vicinity; and 2. Thal, bei:aust of'such special circumstances, suict application of the zoning code depraves the property' of privileges enjoyed'ay other property under identical zoning classification in the vicinity. Ir. order to deterntine if such special circutns[ances exist, and :a assist the Zoning Adttirtistrator or Planning Conunissien to arrive at a decision, please answer each of the fallowing quas:ions regarding the property for which a variance is sough[, telly and as completel;~ as possible. If you need additional space, you may attach additional paces. 6.re there specia~cumstances thaz apply to `he pteparry in matters such as size, shape, ropohtaphy, locatior. or surroundings? _ Yes ~ No. p n~ I: yotL* answer is "Yes," describe the s ec}al cir^u;nstanpes; ~~C' ~Q~~,~~ 1~t1~/-f''~~/ roc ~ O[( /~ i_'L'// l y ~/~c / / RJ n r/~n,.rerf -,/~-/-L 3. Art dte special circumstances thst apply to the property different Item other properties in the vicinity which are in the same zone ar your nronarrv? >r Yes No ~. EXP L: ~' The sole ptarpose of any variance or Code waiver shall ba to prevent diseritnination, and no variance or Coda waiver shall be appr • d which uld have the eEiect of granting a special privilege not shared by other property in the san:a vicinity and zon_ w' :i, is of tl 'Se expr ly authorized by zone regulations goventing subject property. Usr.. variances art not pamuned. S: nature o :top Ov er or Aaritorized Agent `Data CONDITIONAL. USE FERMI"f/VAP.ir+l4CE N0. _ - UECEM,BER t2, 2000 Do the special ctrcumsranees appiica6la to the proparry deprive it of privileges currently enjoyed by naighborine properties located w9thn the same zone? }!Yrs No LVere the special ciroumsr~~ces created by causes beyond the control of the property ovvner (or previous property owners)? _ Y"ts ~No ATTACH1fiENT - ITE~1 N0. 11 MEMORANDUM CITY OF ANAHEIM DATE: January 21, 2003 TO: Charity Wagner, Assistant Planner FROM: Andy Nogal, Project Manager SUBJECT:. Proposed 7-Unit Single-Family Detached Condominium Project. 2865 W. Lincoln Avenue At your request, we have reviewed the proposed 7-unit single-family detached condominium project for the property located at 2865 W. Lincoln Avenue. The review of the plans was conducted by Community Development staff. Comments from the. Agency's architectural consultant, Steven Wraight have not been provided. We recommend that the Planning Commission consider the implementation of the Community Development Department's comments in the final project design. The comments are as follows: Site Design Lincoln Avenue Properties LLC, (the "Developer") should explore providing an "S" drive entry to the site from Lincoln Avenue. in order to eliminate the long lineal drive. Install a stamped and stained concrete pattern over the main entry drive and throughout the driveway. The site design creates a conflict in terms of pedestrian and vehicular access due to the close proximity of the driveway to the dwelling entries. We recommend that other options be explored to increase the distance from the main entries and the driveway to create a safer interface between pedestrians and vehicles. The Developer should also explore reconfiguration of one of the front dwellings to allow the longer and more architecturally dominant elevation to face the street. The landscape plan provides a very minimal amount of trees along the perimeter of the site. Consideration should be given to provide additional trees to buffer the units from the adjacent commercial uses and the three-story apartment complex. The trash facilities are located a great distance from the public right-of-way..: The Developer should explore locating the trash facilities as close as possible to the street to facilitate trash pick-up. The Developer should also explore providing trash areas for each individual unit instead of a common trash area. Charity Wagner January 21, 2003 Page 2 Architectural Design In general, the design of the proposed dwellings lack architectural interest. Additional architectural treatments should be incorporated such as decorative covered entries, decorative :plant-ons, multi-level roof-lines and various building projections to create a more appealing and quality design. The floor plans should be reconfigured to allow for the best use of the space and to help provide other architectural opportunities for the exterior elevations: The following design recommendations should be incorporated into the project design: Plan 1 Front Elevation: 1. Stone wainscot should extend along entire length of front elevation and shall return entire length of side elevations. 2. Provide decorative light fixtures at main entry and adjacent to garage door. 3. Provide a decorative sectional roll-up garage door with windows. 4. Main entry porch should be more dominant. Provide a gabled or hip roof covered entry with projecting columns. The columns should incorporate a stone base to match the proposed'stone wainscot. 5. Continue`stucco band on right and left side elevations. ', 6. Provide more architectural articulation on front and side elevations. 7. Provide a bay window at the living room. ® Right Elevation: 1. Stucco band to continue full length of side elevation to break-up the mass of the building. 2. Stone wainscot should continue along entire elevation. 3. Provide additional architectural treatments to complement front elevations. ® Left Elevation: 1. Provide a horizontal stucco band along a portion of the side elevation to match left side elevation. 2. Provide additional architectural treatments to complement front elevations. ® Rear Elevation: 1. Developer should incorporate additional architectural treatments to this elevation to match the front and side elevations. 16C.DOC Charity Wagner January 21, 2003 Page 3 ® Floor Plan 1. Developer should consider shifting the master bedroom towards the rear of the dwelling to create a covered patio area below. This will also help the front of the dwelling by softening the domineering effect of the front elevation. Plan 2 ® Front Elevation: 1. Main covered entry should be more. dominant. Increase height of roof and width of columns to provide more mass. 2. Provide more architectural articulation to include decorative knee braces, vertical siding under eave at second level, etc. 3. Continue stone wainscot along entire entire length of front elevation.. 4. Provide decorative light fixtures at main entry and adjacent to garage door. 5. Garage door shalt be decorative sectional roll-up with windows. 6. The stucco portion of the front elevation shall be replaced with wood siding to match and shall include a stone wainscot 7. The wood siding shall be returned along entire length of the second floor right and left side elevations. The siding shall be returned along a portion of the first floor elevations. 8. Provide a bay window at the master bedroom on the second floor. ® Right Elevation: 1. Incorporate stone wainscot along entire length of the side elevation: 2. Provide additional .architectural treatments to complement front elevations. ® Left Elevation: 1. Incorporate stone wainscot along entire length of the side elevation. 2. Install a horizontal stucco band along entire length of the side elevation. 3. Provide additional architectural treatments to complement front elevations. ® FloorPlan 1. Developer should explore reconfiguring the first floor plan to eliminate direct view into the kitchen area from the main entry. ® Rear Elevation: 1. Developer should incorporate additional .architectural treatments to this elevation to match the front and side elevations. EIDOCSWDM{MMEMOSUNMA IbC. WC Charity Wagner January 21, 2003 Page 4 Plan 3 ® Front Elevation: 1. Developer should explore reworking the front elevation to provide more architectural appeal and uniformity. The proposed design does not flow well and conflicts with other architectural elements of the elevation. Specifically as it relates to the projecting gable and the shed roof design. 2. All windows should be inset. 3. Provide a decorative sectional roll-up garage door with windows. 4. Provide decorative light fixtures at main entry and adjacent to garage door. 5. The stone wainscot should continue entire length of front elevation. ® Right Elevation: 1. Stone wainscot to continue entire length of the side elevation. 2. Install a horizontal stucco band along the full length of the side elevation. 3. Provide additional architectural treatments to complement front elevations. ® Left Elevation: 1. Stone wainscot to continue entire length of side elevation. 2. .Install a horizontal stucco band along entire length of the side elevation. 3. Provide additional architectural treatments to complement front elevations. ® Rear Elevation: 1. Developer should incorporate additional architectural treatments to this elevation to match the front and side elevations. ® Floor Plan 1. Developer should explore reconfiguring the second floor plan by shifting bathroom no. 2 towards the rear, enlarging the walk-in closet and cantilevered over the first floor. This design will provide a covered patio area below as well as other design opportunities for the front elevation. Landscaae Plan The landscape plan provides very minimal planting throughout the site. The Developer should incorporate a greater quantity and variety of .plant material throughout the site. The new plant material should provide more color throughout the property. The front F 10005 W O MIMMEMOS\ANM3116C.000 Charity Wagner January 21, 2003 Page 5 setback should incorporate a more creative design to include a combination of varying' '' mounding, marathon sod, clusters of various shrubs and ground covers. Additional trees should be installed throughout the site and in the front setback area that complement the over-all plant selection. We recommend that a meeting be scheduled between the Developer, Planning and Community Development staff to walk through all of our site design and architectural issues. If you have any questions, please call me at extension 4568. F IDOCSIADMIMMEMOS W JM3116C.000 ITEM N0. 12 AVONDALE PL w p Z mi a h VVQ ~ri r N Q p W '^ ttU0 R~ E K ' W General Plan Amendment No. 2002-00408 Reclassification No. 2002-00089 Requested By: CITY OF ANAHEIM N K m 6 m HOUSTON AVENUE D C N Z O w O W Q 2 w LL L1 F W u ~; Subject Property Date: January 27, 2003 .,:~~...n PortionA Scale: Graphic Subject Property O,S. No. 23 Portion B CITY-INITIATED REQUEST TO AMEND THE LAND USE ELEMENT OF THE GENERAL PLAN TO REDESIGNATE SEVERAL PROPERTIES FROM THE LOW DENSITY RESIDENTIAL LAND USE DESIGNATION TO THE LOW-MEDIUM DENSITY RESIDENTIAL LAND USE DESIGNATION (PORTION B). CITY-INITIATED REQUEST FOR RECLASSIFICATION OF THE PROPERTIES TO THE FOLLOWING ZONE DESIGNATIONS: PORTION A -FROM THE COUNTY OF ORANGE DESIGNATION TO THE RS-7200 (RESIDENTIAL, SINGLE-FAMILY) ZONE OR A LESS INTENSE ZONE. ui i ~ BAKER AVENUE PORTION B -FROM THE COUNTY OF ORANGE ZONE DESIGNATION TO THE RM-3000 (RESIDENTIAL, MULTIPLE- FAMILY) ZONE OR A LESS INTENSE ZONE. No City-assigned address ~ 544(2003-1-23) ITEM N0. 12 RS-A-43,000 CUP 1897 x oV LOWE ELEM65CHOOL POLK AVENUE - ---c°n+~ (CLOSED) Jt~ 3 0: o RS-7200 z ~- RS:p~00 7 DU EACH ~ m CL CL C 96-99-11 98-99.71 CL C DU CL ~ 61-62-23 61-62-23 ge.99-11 ~ CL 96,gg-0i '~ 56-57-57 56-57-57 73-74.18 0 - m°m x m mm~n 62-63-78 6bfi2-116 T-CUP 2001-04359 CUP 2670 50-57-57 DU ~ ~,^~ ~ ~~ mmU AA NO. 159 ~C~Rs 56-57-57 CUP 2001-04377 CUP 7757 pR 319 O'49.~ Ofo GNU. PROF. OFFICES ainC,da^ CUP 3940 AOJ 2002-00227 EIR 319 MAROI `°00 tO> O m'"uo EIR NO. 319 GRAS T-CUP Za ~ O x ~ a>LL m~'" EIR 3191 SMOTELN 9d46e MOTEL ' .RCL 97-99 CHURCH cuP 290 o42es LINCOLN AVENUE 49, 1,290'TO THE CENTERLINE OF ~_® BROOKHURSTSTREET J 9&8&11 ~ o U _ _ ~ cup3 azi ° l 4n°~o u$N~ RS-A-03,000 79-80-7 VAR 4od1 6~ ^.- rrZ 71-72-04(i) GPA 139 3 ,A n °..-. G APTS' 71-72.02 {2) VACANT ~2` ~^ "^ ~ T-CUP 2001-04469 CUP 2000.04265 CUP 3793 CL ANAHEIM CITYLIMITS EIR 379 96-99-71 APARTMENTS 62-63-26 CL GPA 2002-00409 CUP 3429 ~3 RC 98099_00063 CUP 307 VACANT RCL 2003-00093 G 62-63-26 VAR 4041 CUP 3429 EIR NO. 319 CUP 2053 FURNITURE STORE RS-A-43,000 CUP 307 71-72-2(1) VAR 4041 71-72-04 GPA 139 (Res. of Intent to RM-7200) VACANT 264 DU APARTMENTS RS-7200 CL 1 DU EACH RcuP 29,010 APARTMENTS v-2277 PRIVATE SCHOOL General Plan Amendment No. 2002-00409 ~ ~ Subject Property ~Y Reclassification No. 2002-00092 Date: January 27, 2003 Scale: 1" = 200' Requested By: CITY OF ANAHEIM Q.S. No. 33 CITY-INITIATED REQUEST TO AMEND THE LAND USE ELEMENT OF THE GENERAL PLAN TO REDESIGNATE THIS PROPERTY FROM THE GENERAL COMMERCIAL LAND USE DESIGNATION TO THE LOW-MEDIUM DENSITY RESIDENTIAL LAND USE DESIGNATION. CITY-INITIATED REQUEST FOR RECLASSIFICATION OF THE PROPERTY FROM THE COUNTY OF ORANGE ZONING DESIGNATION TO THE RM-3000 (RESIDENTIAL, MULTIPLE-FAMILY) ZONE OR LESS INTENSE ZONE. No City-assigned address 643(zoo3-1-23) IIEM N0. 12 Y _~ G I ~ m A RLL 3002-00091 ]0.]1-08 A<3.0001 (R09.NI 5P&-1 aRANGEI mP6ufi O1P 3].a NORPE ]0.11) IRm. ollal. to ML) - ~PU~LVARYG~WEI~ AVENUE AU]O SALVAGE I r ~ ~ ~£ ~ a ~ ,~ ~ r ~ t RGL 2002-00091 ~~ f 1 x~~,~ ,f,-, Pt RL12002-00091 ppq'noN.e -, -~i '~i t yt%~ a Z S ~ 5~ ~1~ 6PB41pp F~RMS m MO 166~1i Z ~ ~ ~~ . 9 u Y £ s ~ } ~ ~f~ ~ y~~^`i?1 ~? r +~ fi ' ~ ~% ~` sP eal ~ ~ VACNR c" /A b5 *.. '~' 'a a'~ S' ~' ~f '~ < t? ~ n ]6]1~] 15 LUP 20@MSll .lance ts7) LCW 2u6i-0aau ~ ~„ I 0 N n ~='~'y ""~~~~ ~ ~` ~'~ Mosl°RL A~wooG ~ am aL rnrix sv v - '3 - ~ zn .4 sP Saf -5 'Fe-fi~ v-^"F; .~kj~1 v~A s CAD.E ]i0.0.]11~1151 ~ . ~,2~U '~ , SP 841 0 , ' y. Ty ~ • .q:, V!P Y' A~~ ' " 2852 )6]1-0],111 LAD E i arl W .~f~~...~ { M4x~t ~ . . SNP ~e 9 ~ 9P BO-1 ~r ~,.~~,~t ~^L B1-62-fi9 ,L -c- ,f INO.FlRAS I (Res. W 101.10 Ml) "~- zii .~',~ ~``'~ CUP 1148 y £ Fem. 3" ~ „y, '~ ~ 'A 141 ~j16 SP 81- ~) ]0.nJ] BI SP 1 i o- ]t ~ ~ 9P 4 1 a„ -^ ANAHEIM W(E i v~-''`~ y 10CVID) ~`y 0.0 1 ] ~ P ~ m11J -0] ]0. p aR ZaSZ G~iP3~] ~)6)1~9 ML1 (ReiNI LbML) i L z" ~ ~ ~t~CAO£. GW 1566 INO. Fl(UAS WO FIP~AI65 r~ `'"-rAJ sP 9N 2 ~ t W 68]68 ~r~' 1f CI]Y PROPEHIY ~ ' ] f~']IB1 G 1 P 21 168 .- I~?;T ~ c l A 5 1~J610I CA~ E I a £ -FY£~ ~ ° ' . . Yt~1 SP 841 • ,¢ ~, CUP 20N CAO.E g ~e~ sPB41 5P 841 ]0.11-01 5~ F W T""Y`3' GTYPRO~PEHIV ]0.]1-06 " ]L0.y]R1JB ,1~ w Qt R I AJ] 000 ~p 206t ~ ea. P ~~ IN. b RS ( ) LUP 15E CLfJ O / 10.]1-0] ]Rea. Pf IOL IPfAI ~, li ' 6PWI 3 Lc %,.5. ='" SP 84-1 `yi ~r 53 3 81 88 : awulxo. pp 6P W-1 °•-• mP4• RNN 9 aP Pal amuw w1]a 1 cePnnl SE°fl vu]11m u]rexo]I ~ g ~u ~ w - - ; ea-1 (Res. Pi Inl. b ML) +~"~`I • `'P a'I 1101 elofll6 rF mwfilm m. marten ]6]61ap~tP]aS ~~ 1 ANAHEIM1dLAKE MIRAL(1MA AVENUE rz ~~9x J~+"'~.. 8Pµ1 OINtlI0Z1 ®841 BIAPLt 1 aPPal 81eZJe m1 mP]d0 0,ffi6a 1811 RXa•0O1LF! 91d]iL 16tl VM]&l BmP]SI]ZI mP385 G e~EWEe H191FA Ne P/-0 /J]fO PEP.Vfl W 9NOP 1 P ~6Fl k0 P L] G) 1t~. An SMAU' tl~ .. dm. Reclassification No 2002-00091 ~ ~ Subject Property Dater January 27 2003 ~ . ~~ ' PortionA , Scale: Graphic • Subject Property Requested By: CITY OF ANAHBIM O S. No. 148 . Portion B Staff Report to the ? `Planning Commission ''January 27, 2003 ''Item No: 12 REVISED 01127103 Motion 12a CEQA NEGATIVE DECLARATION ( ) Resolution 12ti. GENERAL PLAN AMENDMENT NO. 2002-00408 ( ) Resolution 12c. RECLASSIFICATION N0, 2002-00089. ( ) Motion 12d. CEQA'NEGATIVE DECLARATION ( ) Resolution 12e. RECLASSIFICATION N0. 2002-00091 ( ) 12fi CEQA NEGATIVE DECLARATION (Motion) , Resolution 12g. GENERAL PLAN`AMENDMENT NO. 2002-00409 ( ) Resolution 12h. RECLASSIFICATION NO'2002 00092 ( ) 12ii-; REQUEST FOR'. CITY COUNCIL'REVIEW OF ITEMS I (Motion) 12c 12e AND 12h SITE LOCATION AND DESCRIPTION:' (1) ;AREA N0. 1: Reclassification No. 2002-00089: Portion A -This irregularly-shaped, approximately 6.8-acre cluster of properties isJlocated south of the Riverside (SR-91) Freeway,!north of Houston Street, and is divided by Picadilly ; Way and Braeburn. Street with. a frontage of approximately 680 feet on the north side or Houstoh Street.* General Plan Amendment No. 2002-00408 and Reclassification No. 2002-00089: Portion B -This irregularly-stiaped, approximately 2-acre cluster of properties is located south df he Riverside (SR-91) Freeway,: north of Houston Street, west of Gilbert Street and ' east of the single-family residential properties fronting on Braeburn Street.* *Area No 1 originally advertised as, "This irregularly-shaped, 8.83-acre cluster of properties is located. south of the Riverside (SR-91) Freeway, north of Houston Avenue, west of Gilbert Street and is divided by Picadilly Way and Braeburn Street; AREA NO. 2: Reclassification No. 2002.00091: Portion A-This irregularly-shaped 25-acre cluster of properties is located south of Orangethorpe Avenue, wesfof Tustin Avenue and north of Miraloma Avenue. Portion B -This irregularly-shaped 5-acre cluster pf properties is located south of Orangethorpe Avenue, has a frontage of 240 feetbn the west side of Jefferson Street and is east bf Tustin Avenue. sr8541 av Page 9 Photograph;of poi Direction Land Use Zoning; General Plan Designation North SR-91 (Riverside): Freeway Freeway .East (across Single-Family RS-7200 Low Density Residential .Gilbert Street) Residences South (across Single-Family l i RS-7200 Low Density Residential 'Houston Avenue) Residences West Single-Family RS-7200 Low Density Residential Residences :page 5 Direction + Land Use "" Zoning General Plan Designation North: (across City of Placentia Orangethorpe Avenue) East (across tndustrlal uses SP 94-1 (DA 1) ' General Industrial and Tustin Avenue) 'General Commercial South (across Industrial uses ` SP 94-1 (DA 2 and 5) General Industrial and Miraloma Avenue) :.General Commercial West` r Vacanti SP 94-1 (DA 6) ; Water Uses Direction" - :.Land Use Zoning General Plan Designation North.. (across Lincoln Avenue) ; Commercial businesses CL (BCC) General Commercial East Single-Family Home RS-A' 43,000 General Commercial South ::Apartments RS-A-43,000 Medium DensityResidentiai West` Furniture store CL;(BCC) General Commercial a) Area No. 2, Portion B -:County of Orange Use Permlt No. 82-25P and Variance No. 82- 3P (to permit a truck and automotive repairand salvage yard) was approved on March 11, 1982. i b) Area No. 3 - County of Orange Variance No. 8090 (to permit the retention of an outdoor advertising structure with a height greater than permitted by the development. standards of the 100-C1-10,p00 "Local Business District") was approved for a period'of three years on March S, 1973. This permiEhas expired. GENERAL PLAN AMENDMENT REQUEST: (9) ` The General Plah 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 servlces, whichprovide 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 within the specifietl ranges. This itlea is reflective of the introductory text of the General Plan text, which reads as follows: Page 6 Density Estimated Land Use Approximate Typical Implementation Range (DU s pet'. Potential Dwelling Units Average Daily Designation Acres Zones i gross (Avg. to Max.) Trips (ADT) (Avg, to Max.) acre) Low Density RS-10,000 0 - 4.3 6-8 57-76 'Residential 2 RS-7200 0 - 6 9-12 86-114 EXHIBIT A Density ~ Estimated Land Use Approximate . Typical Range ' Potential Average"Daily Designation Acres Implementation s per (DU Dwehing Units " Trips'(ADT) Zone " gross " (Avg. to Max.). (Avg, to Max) ; acre)' RS-5000 0 - 8.7 12 -17 114-182 Low-Medium '!Density 2 RM-3000 0 - 14:5 22 - 29 176-232 Residential'. RM-2400 0 - 18 26 - 36 208-288 Page 8 Density Estimated '.Land Use. Approximate Typical Implementation (Range (DU's per Potential Dwelling Units Avera a Dail 9 y Designation Acres Zones !gross (Avg. to Max.) Trips (ADT) acre) (Avg. to Max.); General: 0.19 CL N/A N/A T Commercial Density Estimated Land Use !Approximate Typical implementation Range (DU's per Potential Dwelling Units Avera a Dail g y Designation Acres Zone gross (Avg. to Max.) Trips (ADT) :acre) (Avg. to Max.) RS-5000 0- 8.7 1 -1 i 9- 9 Low-Medium Density 0.19 RM-3000 0 = 14.5 2 - 2 16 -16 Residential RM-2400 0 - 18 2 - 3 16 - 24 i Staff Report to Planning Comn January 27, 201 Item: No. 12 RECLASSIFICATI ON ANALYSIS: Area,1, Portion'A-The rezoning of,these from'the County "Suburban Multifam Residential" zone to the RS-7200 zone would be consistent with the single fam these properties; For Area 1, Portion B -the rezoning of these properties from "Suburban Multifamily Residential" to'the RM-3000 zone would be consistentw - proposed General Plan Amendment of this area to the Low-Medium.: Density Rf designation. The rezaning,wouid often be alse'be compatible with the existing family.. dwelling units located on these properties, Area 2, Portion A-The rezoning of these properties from the County Al "Geng Agricultural" to the RS-A-43,000 Zone would be.`consistent with the use of these for water (recharge) uses. Area 2, Portion B -The rezoning of these properties from the County M1 "Light zone to the ML Zone would be consistent with the use of the property as an aut yard.': Area 3 -The rezoning of this property from the County C1 "Local Business" to 3000 Zone would be consistent with he proposed General Plan Amendment fd property to the Low-Medium DensityResidentlal designation. Itwould also facet Clty's:goal of eliminating mid-block commercial'and encouraging additional hou opportunities. f DISCUSSION: 171 \ Thic (:ilv_ini4iafoli ronnacf fnr fha enhiart rorlaceifiraiinne ~nrl nenor~l nlan ame Motion Property tax LA exchange app Recordation of ' Certificate of i Completion (23) On October 29,:2002, the City Council approved a memorandum of understanding County of Orange stipulating that the City of Anaheim pursue a process that may;h the annexation of all the unincoporated territories within Anaheim's phere of ihflue Staff Report to the Planning Commission January 2T 2003 Item No. 12 REVISED 01127103 (b)`, By resolution, recommend that the City Council approve, General Plan Amendment No:2002-00408'- redesignation of Area 1, Portion B from the Low Density Residential land use designation to the Low-Medium Density Residential land use designation (c)? By resolution, approve Reclassification No. 2002-00089 to reclassify Area 1, Portion Afromthe County !'Suburban Multifamily Residential" to the City of Anaheim RS-7200 zone; and PortionB from the County "Suburban Multifamily Residential" to the City oFAnaheim RM-3000 zone. (d) By resolution, approve Reclassification No. 2002-OD091 to reclassifyArea 2, Portion A from the County Al "General Agricultural zone to the City of Anaheim. RS-A-43,000 zone; and Portion B from the County Mi "Light Industrial" zone td the City bf Anaheim ML zone. (e) By resolution, recommend that the city Council approve General Plan Amendment Na 2002-00409 -redesignation of Area 3 from he General Commercial land. use designation to the Low-Medium Density Residential land use designation. (f)' By resolution, approve Reclassification No. 2002 00092 tp reclassifyArea 3 from the County C1 "Local Business" zone to the City of Anaheim RM-3000 (BCC) zone. (g) By motion, request City Council review of items'12c., 12e.'and 12h. in conjunction withstheir mandatory review of the General Plan Amendments. Page 12 .. .... ...................... ATTACHMEtJT - ITEM tJO. 12 •u uouayoP 'aY upe^1 'iS ~alllry 'P+IS ~cwauip •pyg o6c11oD 4 ul •iS uo~ •a+re ~a 75 PL 7S iw^4M~ 7s v~ 'aY allay 'aY 'PN9 4~ •ay wo 7s i o~ ~m o Se m r1 m a° ri ~ ~ E u zZ e' o n n ~^ o~ $o N 'PMB obelloJ aioi5 ]says e1~a7 7S ~aP~H 'PNB ~~HaH 7S 7aaM 75 47WN 7S P11~^3 7S PaapMN 75 iv^4>f~8 7S Ya41MJ •ay opou9ory 'aY aIW 'PMB +la~B •ay waico,H 7s iia~x Q d• O O N O N o. 0 O ~ Z C c+~^ ~ o m U G J m .T~ E •~ Q •U oy a 0 d c m Q Q S ~ e ~ t c ~ a 0 EXISTING LOW pENSIiY RESIDENTIAL WAY P~~ WAY LoW DENSm RESIDENTIAL aww~M crn~ uMrrs AVO~ PL ~ - N 0 Np ~ ~ ~- ~ W ~ 0- H/bNO~ ~ ~ f~ - s,~d vVTq \ ~ ~~N ~F~ of q~ ACRES 2.D l SjpF ~r ~~ ~F ~M~ ~~Y LOW DENSITY ,,,. RESIDENTIAL w` ~ .. ®`• Z ~ .°®® ~.. '?r&'e:F'~ ti:icra;&i:5;•>2 is;:i:C •;:iir::;•:;;•;:;;;;,` . General Plan Amendment No. 2002-00406 Existing Figure 2 R/~R ~oN m `' oy~, ~~ EXHIBIT A LOW-MEDIUM DENSITY RESIDENTIAL BRRAIN {yap AVONDALE \ ~~ cm uMrrs HOUSTON ~ G _ li.l W _O O C N -$ W ~ W W- _~ ~ ~ O O_ ~ W' m General Plan Amendment No. 2002-Op408 Exhibit A Figure 3 ACRES 2.0 ~~ ~~ I NORTH ATTACHt1ENT - ITEM N0. 12 75 uovoyo~ .~Y upanl 'iS ual11N 'P^19 ~awaoiH 'PN9 aballa~ W ui ~ mi .~8 ~aq 7S PII 75 7unyM~ •u v~ •a~y ollou .may ~ 'PM9 w •any war vs ii ~~ m m m c ~e m a. 0 N ~ ~ E m a YZ e° a a n~ O~ $`m M 'PM6 obollo~ oiaiS 775 c7aa7 75 ~oi¢aH •PN9 ~ogiaN .u iaaM 7S 47u1N 'iS PB~n3 7S PaoainN 7S iwn4N~8 u uaans •wy olpuBap .MY ala0 'PNB 4~aa8 •any woiaoyr 75 NouN m O a O O N O N ~• 0 O ~ Z G C ~ ~ U ~ C J m ~. Q U oy a 0 m C d U' e °~ < ~ ¢ e p n C ~ ` e e q 8 ~ c ~ as Q & ~ 9 5 ~ ~ cS ~ ~ cim E7CISTING ACRES GENERAL COMMERCIAL 0.19 LOW-MEDIUM DENSITY RESIDENTIAL GENERAL COMMERCIAL GEPJERAL COMMERCIAL General Plan Amendment No. 2002-00409 Existing Figure 2 EXHIBIT A ACRES LOW-MEDIUM DENSITY RESIDENTIAL O,~g w i LOWE ELEMENTARY i_ LOW DENSITY N DENSITY SCHOOL i RiSIDENTIAL RESIDENTIAL ---®®------®®®----®----~--®i_®®__®_®~®®®®®®®® w GENERAL COMMERCIAL o GENERAL ~ COMMERCIAL LINCOLN AVENUE (Major HighW®y) ~ s<~.» w ~~~'~~>~< ~_ GENERAL COMMERCIAL '.>,'~< Icrrr LOW-MEDIUM LOW-MEDIUM ' DENSITY RESIDENTIAL' DENSITY RESIDENTIAL i MEDIUM DENSITY RESIDENTIAL i 0 i e NORTH General Plan Amendment No. 2002-00409 Exhibit A Figure 3