PC 2003/03/10C
CITY OF ANAFiEI
PLANNING COMMISSION AGEN®A
MARCH 10, 2003
Council Chambers, City HaII
200 South Anaheim Bpulevard, Anaheim, Califpmia
CALL TO ORDF;F~`'
P KING O ISSION MORNING SESS11
• _ T FF Ut? O COMMISSION OF VARIOUS
~JEC/EI~~f~;? f~T~y AND ISSUES (AS REQUESTED
~N BRISTOL,
Q,RMES VANDERBILT
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agenda, please
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03-10-03
Page 1
RECONVENE TO PUt3LIC FIEA.RING ~.T 1:30 P.M.
PUBLIC COMMENTS:
This is an opportunity for members of the public to speak on any item under the jurisdiction of the
Anaheim City Planning Commission or public comments on agenda items with the exception of public
hearing Items.
CONSENT CALENDAR:
Item 1-A through 1-B on the Consent Calendar will be acted on by one roll call vote. There will be no
separate discussion of these items prior to the time of the voting on the motion unless members of the
Planning Commission, staff or the public request the item to be discussed and/or removed from the
'_ Consent Calendar for separate action.
1. REPORTS AND RECOMMENDATIONS
A. Receiving and approving revised Minutes from the Planning
Commission Meeting of February 10, 2003. (Motion)
B. Receiving and approving the Minutes from the Planning
Commission Meeting of February 24, 2003. (Motion)
03-10-03
Page 2
PUBLIC FIE,AI2ING ITEMS:
2a. CEQA CATEGORICAL ExEMPTION -CLASS 3
2b. WAIVER OF CODE REQUIREMENT
2c. CONDITIONAL USE PERMIT N0.2002-04631
OWNER: The Salvation Army 900 West 9s' 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, January 27 and February 10, Project Planner:
tvnonvood(rDanaheim.netl
2003, Planning Commission meetings.
CONDITIONAL USE PERMIT RESOLUTION NO. sr8571vn.doc
Q.S. 83
3a. CEOA CATEGORICAL EXEMPTION -CLASS 11
3b. VARIANCE NO.2003-04551
OWNER: Tushar Patel, Krishan LLC., 650 Town Center Drive #1720,
Costa Mesa, CA 92626
AGENT: Mark Vasquez, Anaheim Marriot, 700 West Convention
Way, Anaheim, CA 92802
LOCATION: 700 West Convention Wav. Property is approximately
15.06 acres, having a frontage of 995 feet on the south side
of Convention Way, located 480 feet west of the centerline
of Harbor Boulevard (Anaheim Marriott Hotel).
Requests waiver of Hotel Sign Standard Matrix requirements pertaining to
maximum sign area and permitted sign location to retain two existing wall
signs on adjacent building elevations at the Anaheim Marriott Hotel. Project Planner
fskoehm ananaheim.net)
VARIANCE RESOLUTION NO.
sr8560gk.doc
Q:S. 77
03-10-03
Page 3
4a.
4b.
4e.
OWNER: Connecticut General Life, 5445 East La Palma Ave #11,
Anaheim, CA 92807
AGENT: John Townsend, Land Rover, 5425 East La Palma Avenue,
Anaheim, CA 92807
LOCATION: 5445 East iLa Palma Avenue. Property is approximately
- 12.2 acres, having a frontage of 501 feet on the north side
of La Palma Avenue, located 270 feet east of the centerline
of Brasher Street (Land Rover Auto Dealership).
To expand an existing automotive dealership and modify previously
approved exhibits and conditions of approval pertaining to signage and a
time limitation with waiver of maximum number of wall signs.
CONDITIONAL USE PERMIT RESOLUTION NO.
5a. CEOA CATEGORICAL EXEMPTION -CLASS 1
Sb. CONDITIONAL USE PERMIT NO. 2003-04862
OWNER: Dolphin Partners, LLC, 17875 Von Karman, Suite 300,
Irvine, CA 92614
AGENT: John Beke, Whalen 8 Company, Inc., 970 West 190s'
Street, Suite 300, Torrance, CA 90502
LOCATION: 8141 Kaiser Boulevard. Property is approximately 2.8
acres, having a frontage of 145 feet on the north side of
Kaiser Boulevard, located 300 feet east of the centerline of
Roosevelt Road.
To permit aroof-mounted telecommunications antenna and accessory
ground-mounted equipment in the Scenic Corridor Overlay Zone.
CONDITIONAL USE PERMIT RESOLUTION NO.
Project Planner:
(avazauezC~an aheim. netl
sr8572av.doc
Q.S. 177
Project :Planner.
(vnonvoodCalanaheim.vet)
sr8568vn.doc
Q.S. 213
03-10-03
Page 4
6a. GEQA CATEGORICAL EXEMPTION -CLASS 1
6b. CONDITIONAL USE PERMIT NO. 1397
(TRACKING NO. CUP2003.04664)
6c. REQUEST FOR INITIATION OF RECLASSIFICATION
N0.2003-00098
OWNER: Robert L. Wetzler, 31722 Paseo Terraza, San Juan
Capistrano, CA 92675
AGENT: Ole Pineda, 2514 West 12'~ Street, Santa Ana, CA 92703
LOCATION: 2954 West Ball Road. Property is approximately 2.4
acres, located at the southeast comer of Beach Boulevard
and Ball Road (Arroyo Grande Restaurant).
CONDITIONAL USE PERMR NO. 1397 - To amend conditions of
approval and approved exhibits to allow public entertainment in
conjunction with apreviously-approved restaurant with sales of beer and
wine for on-premises consumption.
RECLASSIFICATION NO. 2003-00096 -City-initiated (Planning
Department) request to initiate reclassification proceedings for this
property from the CH (Commercial, Heavy) zone to the CL (Commercial,
Limited) zone.
CONDITIONAL USE PERMIT RESOLUTION NO.
RECLASSIFICATION RESOLUTION NO.
7a. CEQA NEGATNE DECLARATION
7b. WAIVER OF CODE REQUIREMENT
7c. CONDITIONAL USE PERMIT NO. 2003-04661
OWNER: Song Hi Park, 3480 Torrance Boulevard, Suite 100,
Torrance, CA 90503
AGENT: Dwyer Beesley, P.O. Box 17783, Anaheim, CA 92817
LOCATION: 115 North Gilbert Street. Property is approximately 0.21-
acre having a frontage of 78 feet on the west side of Gilbert
street, located 240 feet north of the centerline of Lincoln
Avenue.
To permit a 9-unit "affordable" senior citizen's apartment complex with a
density bonus with waivers of (a) minimum landscape setback abutting an
arterial highway, and (b) minimum structural setback.
CONDITIONAL USE PERMIT RESOLUTION NO.
Project Planner:
(avazauezCilan ahei m. net)
sr8553av.doc
Q.S. 15
Project Planner:
(~,vaanerCa~ ana heim: net)
sr1110cw.doc
Q.S. 26
03-10-03
Page 5
Sa. CEOA NEGATIVE DECLARATION
8b. WAIVER OF CODE REQUIREMENT
8c. CONDITIONALUSEPERMITN0.20D3-04665
OWNER: Kenneth B Isenhart, 302 South Benwood Drive, Anaheim,
CA 92804
AGENT: Karen Isenhart, 302 South Benwood Drive, Anaheim, CA
92804
LOCATION: 302 South Benwood Drive. Property is approximately
0.19-acre, located at the southeast comer of Academy
Avenue and Benwood Drive.
To permit and retain an attached second unit in conjunction with an
existing single-family residence with waiver of minimum side yard
setback.
CONDITIONAL USE PERMR RESOLUTION NO.
9a. CEQANEGATNE DECLARATION
9b. WAIVER OF CODE REQUIREMENT
9c. CONDITIONAL USE PERMIT N0.2003-04663
OWNER: Albert M. Jackson, 300 North Wilshire Avenue, Anaheim,
CA 92801
AGENT: Joan Tan, 3325 Wilshire Boulevard 41350, Los Angeles, CA
90010
LOCATION: 300 North Wilshire Avenue. Property is approximately
0.43-acre, having a frontage of 170 feet on the north side of
Wilshire Avenue located 660 feet southeast pf the
centerline of Loara Street.
To establish conformity with current zoning code land usa requirements
for an existing non-conforming commercial retail center and to establish a
church with waiver of minimum number of parking spaces.
CONDITIONAL USE PERMIT RESOLUTION NO.
Project Planner:
(vnorwood(o~anaheim.ne0
sr8570vn.doc
Q.S. 13
Project Planner:
(iaremirezCrDanahei m.netl
sr8569jr.doc
Q.S. 53
03-10-03
Page 6
10a.
10b.
OWNER: Oak Ja Kim, 1365-1385 Knoliwood Circle, Anaheim, CA
92801
Reeder Properties, 209 Bannock Court, P.O. Box 856, Sun
Valley, ID 83353.
AGENT: Richard Kim, 1365 Knoliwood Circle, Anaheim, CA 92801
LOCATION: 1365-1385 North Knoliwood Ctrcle and 1335 North
Knoliwood Circle. Parcel 1: Property is approximately 3.0
acres, having a frontage of 86 feet at the terminus of
Knoliwood Circe Parcel 2: Property is approximately 1.2
acres, having a frontage of 224 feet on the west side of
Knollwood Circle, located 1,666 feet north of the centerline
of Woodland Drive.
Requests waivers of (a) maximum fence height within street side setback
and (b) required screening of outdoor equipmentand to amend ordelete
conditions of approval pertaining to waivers of site screening and
maximum fence height.
VARIANCE RESOLUTION NO.
Project Planner:
(iorem i rezC~anahei m.ne0
sr5000jr.doc
Q.S. 17
ADJOURN TO MONDAY, MARCH 24, 2003 AT 11:00 A.M. FOR
PRELIMINARY PLAN REVIEW.
03-10-03
Page 7
CERTIFICATION OF-POSTING
I hereby certify that a complete copy of this agenda was posted at:
3:00 ~,r^. ~'Yl.~,-„4 (, ~ Zoo3
(TIME) (DATE)
LOCATION: COUNCIL CHAMBER DISPLAY CASE AND
COUNCIL DISPLAY KIOSK
SIGNED: y ~-~1/"°~ ~a~r.++-o.~-~
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 pubic 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 notfied by the City Clerk of said hearing.
ANAHEIM CITY PLANNING COMMISSION
In compliance with the American with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the Planning Department, (714) 765-5139. Not cation 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.
03-10-03
Page 8
03-10-03
Page 9
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Conditional Use Permit No. 2002-04631 `- Subject Property
Date: December 16, 2002
Scale: 1" = 200'
Requested By: THE SALVATION ARMY O.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..
314 North Claudina Street -Salvation Army ass
Staff Re ort to the
P
Planning Commission
March 10 2003
Item No. 2
2a. CEQA CATEGORICAL EXEMPTION -CLASS 3 (Motion)
2b. WAIVER OF CODE REQUIREMENT (Motion)
2c. 'CONDITIONAL USE PERMIT N0.2002-04631 (Resolution)
SITE LOCATION AND DESCRIPTION:
(1) This irregularly-shaped one-acre parcel is located at the northeast comer of Cypress Street
_ and Claudina Street with frontages of 200 feet an the east side of Claudina Sfreet, 155 feet on
the west side of Emily Street and 245'feet on the north side of Cypress Street (314 North
Clautlina Street`=Salvation Army).
REQUEST:'
(2) The petitioner requests approval of a Conditional Use Permit under authority of Code Section
18.27:050.030 to permit an accessory half-basketball court in conjunction with' an existing
church with waiver of the following:
(a) SECTION NO. 18:04.042.020 Required setback for institutional uses adjacent
to a residential zone: (DELETED);
(b) SECTION NOS. 18'.04.047 Maximum fence height.
` AND 18:27.068 ::(DELETED)
BACKGROUND:
(3) This item was continued from the December!16, 2002, January 27, and February 10
2003, Commission meetings to allow the petitioner to meet with area residents to
address their concerns regarding his proposal.
(4) This property is currently vacant and is zoned RS-5000 (Residential, Single-Family) and
PD-C/RM-2400 (Parking District-Commercial/Residential; Multiple-Family). The Anaheim
General Plan Land Use Element Map designates this property far Low-Medium: Density
Residential land: uses.
(5) Surrounding land uses areas followsc
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North Single-Family
RS-5000 !
Low-Medium Density Residential
Residence
Nor0ieast Duplex PD-C/RM-2400 Low-Medium Density Residential
East (across Emily Single-Family: RS-5000 Low-Medium Density Residential
street) Residences `
Single-Family
South (across Cypress
street) Residences and 7-unit
RS-5000 '
Low-Medium Density Residential>
Apartment
West (across Claudine Small Commercial
streeq Businesses i CG Low-Medium Density Residential
sr8571vn
Page,1
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North`(single-family'residence) '~~r,~~~osed~~
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15 feet ~~Code ~ . e w[eetb~cks
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15ieet fully landscaped
East..(single-family residence) 15-45 feet 15 feet fully landscaped
South (church) None None
West(adjacent to sidewalk) s 10 faet 10 feet fullylandscaped
Page 2
Staff Report to the
Planning Commission
March 10,:2003
Item No. 2
(9) The enlarged site plan (Revision 1 of Exhibit No. 2) Indicates the proposed outdoor
court: consists of a halfbasketball'eourt. Perimeter cite screening wouldinclude en
8-foot high block wall along the north and east property lines, an 8-foot high block wall
10 feet from the west property line, and removal of arr existing 6-foot high block wall
adjacent to the(church property. A 10-foot wride landscape area is proposed between
Claudina Street and the 8 foot high wall. Code permits screen walls up to 8 feet in
height exclusive of the front yard setback of 10 feet.
(10) The revised plan also indicates landseapingi consisting of three (3),15-gallon Camphor
4rees shrubs and clinging vines in the setback area adjacent to ClaudinaStreet and
5-gallon Cypress trees along the block wall on the east and north property lines. Code
requires a 15 foot wide landscaped setback 4o separate this institutional use from he
residential properties to the north'and east. Code further requires a minimum 10-foot
wide1andscaped setback adjacent to Claudina Street'planted writh one (1) tree for every
20 feet of street frontage.
(11) The petitioner's revised letter of operation indicates the half basketball court would be
used from 12 noon to 8 p.m. (or dusk if earlier) on weekdays and from 12 noon to
9 p.m. on weekends (or dusk) with one to two employees supervising activities.
Further, access to the half-basketball court would be controlled by restricting entry
through the church property and the facility;would not be lighted. The petitioner has
also indicated the half-court would not be itilized forerganized adult sports activities.
ENVIRONMENTAL IMPACT ANALYSIS:
(12) The Planning Director's authorized representative has determined that the proposed project
falls'within the`definition of Categorical Exemptions, Section 15303;: Class 3,,(New
Construction or Conversion of Small Structures) as defined in the State CEQA Guidelines
and is. therefore. exem~f from oreoarinm additional environmental tlocumentation.
it conforms with the City's Growth Management Elementadopted by the City Council oh
March 17, 1992 Based on City staff review of the proposed project, it has been determined
thatthis project does not fit within the scope necessary to require a Growth Management
Element analysis, therefore, no analysis has been performed,
EVALUATION:
(14) Chinches and their accessory uses are permitted within the RS-5000 zone subject to the
approval of a conditional :use permit.
(15} Waiver (a) pertaining to required setbacks for institutional uses adjacent to a
residential cone has been deleted. The revised site; plan now: indicates he Code-
required landscape setback of t5 feet along the north and east property lines.
(16) Waiver (b) pertaining to maximum fence height has also'been deleted.
Page 3
1
Staff Report to the
Planning Commission
March 10;2003
Item No. 2
(17) Prior to the December 16 2002, Commission meeting, staff received several a-mails and
telephone calls in opposition to this request. The nature of the a-mails received from
residents living`in the general downtown area expressed concemspertaining to noise
disrupting this'residentlal neighborhood and the potential tp attractwndesirable elements to
thiserea. McAndrew Bartel, who resides at206 North Adele Street (as shown on the map
below), indicated that current activities conducted by the'church, including children's
activities and social gatherings, extend late into the evening (incudng amplified music) and
" have become a nuisance to the neighborhood: Mr. Bartel felt that additional activity
associated with the proposed sports court would further increase neighborhood impacts'
related to noise.
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?McBartel'sproperty. ;.
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Proposed Sports Court l "'-'
Satvation Army Church ~~
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~ Owners directly affected by proposed half-basketball eourt.
(18) The petitioner also submitted a petition with 17 signatures in support of this proposal with 3
of the signatures from affected residents on the north and east property lines es depicted in
the map above.
(19) Thepetitioner conducted'a community meeting on January 20, 2003, in ordeCto discuss this
proposal with. area residents. Staff was provided a list of names of those in attendance: and
whether each'attendee supported this proposal. Out of 37 total attendees, 25were in '
support of the'project and 12 were opposed.'The project Is located' in Quarter Section Map
83:? Quarter sections represent aone-quarter of a square mile of the City. Adjacent Quarter
Sections beginning clockwise from the north include 82,:.92, 94, 84,'.73, 72 and 71. The':
following chart indicates, by adjacent quarter section maps, how many attendees within the
subject quarter section or contiguous quarter'sections were opposed to the project.
Page 5
Staff Report to the
Planning Commission
March 10, 2003
Item No. 2
,. , . ,.
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Quarter Section Map 71 Quarter Section Map 82 Quarter Section Map 92
2 in favor 4 in favor 2 in favor 8 in favor
0 opposed 0 opposed: 0 opposed 0 opposedr'
Quarter Section Map 72 Quarter Section Map 83 Quarter Section Map 93
2 in favor' 4 in favor None 6 in favor
3 opposed >5 opposed': 8 opposed
Quarter Section Map T3 Quarter!Section Map 84 ..Quarter Section Map,94
0 in favor None None
1 opposed
~ 1 b osed
PP
Note: The SalvaBon Anny is located in Quarter Section 83
(20) ' As a result of the. Planning Commission meeting on February 10, 2003, the petitioner`.
conducted a second community meeting on February 22, 2003, in'order to address
issues raised by'area residents, The following suggestions were raised at the
community meeting:
(a) Add Cypress tress adjacent to the block walls on the north'and eastproperty
lines.
J (b) Add clinging vines to wall surfaces.
(c) Add sound deadening panels to the existing north building wall elevation.
(d) Install up to 3 basketball backboards on the existing north' building elevation.
(e) Install sound absorbent (soft) court flooring,
(f) Plant evergreen Camphor trees in the landscape setback area adjacent to
Claudina'Street.
(g) Plo musicallowed on the court.
(h) Limit hours of court'operation to 8 p.m, on weekdays and 9'p.m. on weekends
or dusk, whichever occurs earlier.
(i) Create a neighborhood litter/trash/junk patrol.
'' (j) Wo lighting of the court.
(k) Provide a Salvation Army point of contact.
(21) 'All but three of the these suggestions (items c, d and e) have been implemented on
the revised plan. The petitioner has provided a revised ite plan and reduced the
sports court area to a single half-basketball court facing the north building elevation
of the church.
(22) ' Code Enforcement Division records indicate no violations currently pending for this location
and site inspections indicate the property is being properly maintained.
(23) 'The petitioner has worked with the community and staff to revise plans and?
implement a proposal satisfactory 4o°area residents. Staff feels the revision of the
plan 4o provide a 15-foot wide landscape buffer from 4he residential properties to the
north and eas4 and reduce the activity area from a multi-use sports court to' a half-
basketball court is compatible withthe surrounding residential neighborhood and
therefore, recommends approval otthe request.
Page 6
1
i
Staff Report to the
Planning Commission
March 10, 2003
Item No. 2
FINDINGS:
(24) When practical difficulties or unnecessary hardships result from strict enforcement of the'
Zoning Code, a'modification may be granted for the purpose of assuring that no property,
because of special circumstances applicable to it, shall be depriveo of privileges commonly
enjoyed by other properties in the same vicinity and zone: The sole purpose of any code
waiver is to prevent discrimination and none sftall be approved which would have the effect of
granting a special privilege not shared by other similar properties. Therefore, before any'
code: waiver is granted by the Commission, it shall be shown:
{a) That there are special circumstances applicable to the property such as size, shape,
topography, location or surroundings, which do not apply to other identically zoned
properties in the vicinity; and
(b) '.That strict application of the Zoning Code deprives the property of privileges enjoyed by
other properties under identical zoning classfication in the vicinity.
(25) Before the Commission grants any conditional use permit, it must make a finding of fact that
the evidence presented shows that all of the following conditions exist:
(a) ',That the proposed use is properly one for which a conditional use permit is authorized
by the Zoning Code,:. or that said use is not listed therein as being a permitted use;
(b) That the proposed use will not adverselyaffect the adjoining land uses and the growth
`and development of the area in which it is proposed to be located;
(c) ;That the size and shape of the'site for the proposed' use is adequate to allow the full
development of the proposed use in a manner noYoetrimental to the particular area nor
to the peace, health, safety, and general welfare;
(d) ..That the traffic generated by the proposed use will not imposean undueiburden upon
'the streets and highways designed and improved to' carry the traffic in the area; and
(e) `That the granting of the conditional use permit under the conditions imposed, if any, will
`:not be detrimental to the peace, health, safety and.: general welfare of the citizens'of the
City of Anaheim.
RECOMMENDATION:
(26) Staff recommends that, unless addit(onal or contrary information is received during the
hearing, and based upon he evidence submitted to the Commission, including: the evidence
presented in this staff report, and oral and written evidence presented at the public hearing,
thatthe Commission, take the following actions:
(a) By, motion, determine that the project is Categorically Exempt under Section 15301,
Class 3, (Construction or Conversion ofSmall Structures) of the CEQA Guidelines.
(b) <By motion, den waivers (a)pertaining to required setback for institutional uses
adjacenf o a residential zone and (b)pertaining to maximum fence height
because these waivers have been deleted.
(c) ' By resolution, approve. Conditional Use Permit No: 2002-04631 (to permit an
':`accessory half-basketball court in conjunction with an existing church) based on the
followingi
Page 7
1
Staff Report to the
Planning Commission
March 10, 2003'.
Item No. 2
(i) That the proposed use, as conditioned, would not adversely affect the
adjoining land uses and'as designed, is consistent with a residential
setting.
(ii); That the size and shape of the site for the proposed half-basketball court
is adequate to allow the full development of the proposed use in a manner
not detrimental to the particular area because there is an adequate buffer:
from the surrounding residential uses that protects the peace, health,
safety, and generel welfare of the neighborhood.
(iii) That granting of the conditional use permit under the conditions imposed
would not be detrimental o the peace, health, safety and general welfar®
of the citizens of the Cityof Anaheim.
'THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITYbEPARTMENTS ACTING AS
AN INTERDEPARTMENTAL COMMITTEE AND'ARERECOMMENDED`FOR`ADOPTIONBYTHE
PLANNING COMMISSIONIN THE EVENT THAT'7HIS'PERMIT IS APPROVED
1: That the half-basketball court shall only be utilized in conjunction with church sponsored activities.
Should he church cease operation in this location, this cohditional use permit shall immediately
become nullandvoid.
2: That the hours of operation of the half-basketball court shall be limited from 12 noon to dusk, daily.
Access to the court shall be controlled hrough the church'property and monitored by church
personnel and shall not be used for adult sports activities.
3: That at no time sfiall there be any lighting of the court.
4: That at ail times during court events, at least one employee'or church'representative 18 years of age
or olderin supervisory capacity shall be present and responsible for ensuring proper conduct on and
around the court.
5. That a decorative eight (8) foot high maximum masonrybiock wall shall be'constructed on the:
north, east and west (set back ten (10) feet from the public right-of-way) property lines of the
half-basketball court. Said wall shall be planted and irrigated with minimum 1-gallon vines
planted on maximum 3-foot centers.: Said information shall be specifically'shown on plans
submitted for Zoning Division approval.
6 That a landscape plan shall be submitted to the Zoning Division for review and approval. The
plans shall inwrporate Italian Cypress trees along the north and east property lines and
Camphor trees on the west property ins. All'trees sheli'be minimum 24-inch box in siae and
planted 20 feet on-center.
7: That the on-site landscaping'and irrigation system shall be maintained in compliance with City
standards.
8: That one (1) 24-inch box sized Queen Palm (Syagrus romanzoffianum)shall be planted and
maintained in theparkwayadjacent to Claudina Street. Said information shall be'specifically shown
on plans submitted for Community Services Department, Urban Forestry Division'approvaC`
Page 8
l
Staff Report to the
Planning Commission
March 10; 2003
Item No, 2 i
9. That the property shall be permanently maintained in an orderly fashion by providing regular
landscape maintenance, removal of trash or debris, and removalof graffiti within twenty-four (24)
hours from time of occurrence.
10, That no amplified music or "boom-boxes" shall be allowed on the court.
11. That subject property shall be maintained substantially h accordance with plans and specifications
submitted to the City of Anaheim py the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1' and Revision 1 of 2 and as conditioned herein.
12. That prior to commencement of the activity authorized by this resolution, 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, 5, 6; and 8, above-mentioned, shall be complied with.: Extensions for further time
to complete said conditions maybe granted in accordance witfi Section 18.03.090 of the Anaheim
Municipal Code.
13. That prior to commencement of the activity authorized by this resolution or final building and zoning
inspections, whichever occurs first, Condition No. 11 above-mentioned, shall be complied with.
14. That approval of this application constitutes approval of the proposed request only to the extent that it
complies witfi the Anaheim Municipal Zoning Code and'any otherapplicable'City, State and Federal
regulations.: Approval does not include any: action orfindings as to compliance or approval of the
.request regarding any other applicable ordinance, regulation or requirement::
Page 9
ATTACHMENT - ITEM NO
PETITIONER'S STATEMENT OF
JUSTIFICATION FOR VARIANCE/CODE WAIVER
(NOT REQUIRED FOR PARKING WAIVER)
SECTION 4
REQUEST FOR WAIVER OF CODE SECTION: 1 8.27.050.030
(A sepazate statement is required for each Code waiver) . _,_
PERTAINING TO: ExpanbEon o6 an ex~.b#.ing Chunch #o #.ncYude a muK#{-ube bpaK#b t
Sections 18.03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver may be
granted by the Zoning Administrator or Planning Commission, the following shall be shown:
That there are special circumstances applicable to the property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical zoning classification in the vicinity; and
2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges
enjoyed by other property under identical zoning classification in the vicinity.
In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to
arrive at a decision, please answer each of the following questions regarding the.progerty.for.which avariance is sough[, fully
and as completely as possible. If you need additional space, you may attach additional pages.
1. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or
surroundings? _ Yes _ No.
If your answer is "Yes," describe the special circumstances: The pKapea#y l.d Lo ea#ed be#ween
an ex#.a#i.ng b#.ng£e-bam.cLy nebtdenee an a e uae comp ex w .t.e awn.
e wou c e o cnc u e~ we a neb o onh pnopen y an ube
2. Are the special circumstances that apply to the property different from other properties in the vicinity which are in the
same zone as your property? X Yes _ No
If your answer is "yes," describe how the pproperty is different:
GIe would Y.t.ke #o change the zone t{nom
Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring
properties located within the same zone? _Yes X No
1f your answer if `des," describe the special circumstances:
4. Were the special circumstances created by causes beyond the control of the property owner (or previous property
owners)? _Yes X No
EXPLAIN
The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be
approved which would have the effect of granting a special privilege not shazed by other property in the same vicinity and zone
which is not otherwise expressly authorized by zone regulations governing subject property. Use vaziances are not permitted..
C? ,a u ~~
Signature of Property Owner or Authorized Agent Date
DECEMBER 12, 2000
CONDITIONAL USE PERMITNARIANCE NO.
~l1P rJO. 2002 - o ~ ~ ~ l
SP 92-2
RCL 6fi~7~1 (44)
CUP 3965
CUP 2130
VJ891
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ANAHEIM HOTEL
OVERLAND STAGE
RESTAURANT
/ CONVENTION WAY
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~~~.,' 'i,~.~r"G.ti~"'~v~ANA}1EHOTEMARRIOTTps~'~~.~'~a~v~,~*~~ WN MO~7~l. cuPaeee p
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1DU EACH RC B~5- Gd3 SP~92-2
CUP 321'/ RC190-91-22
CUP 2943 RCL 69.80-25
~-.~ VACANT RCL 87-88-09
_ ~ --ANAHEIM CITY UMITS 1 ou EACH I RCL 65436413
CUP 3217
GARDEN GROVE C/IY UM175 - - - ~ ~ - ~ ~ -' ~ _I ORANGEWOOD AVENUE
;~~ ~ a
-,
Variance No. 2003-04551 Subject Property
Date: March 10, 2003
Scale: Graphic
Requested By: TUSHAR PATEL Q.S. No. 77
REQUESTS WAIVER OF HOTEL SIGN STANDARD MATRIX REQUIREMENTS PERTAINING
TO MAXIMUM SIGN AREA AND PERMITTED SIGN LOCATION.
TO RETAIN TWO EXISTING WALL SIGNS ON ADJACENT BUILDING ELEVATIONS AT THE
ANAHEIM MARRIOTT HOTEL.
700 West Convention Way -Anaheim Marriot Hotel ss3
1
Staff Report to the
Planning Commission '
March 10,:2003
Item No. 3 `i
3a. CEQA CATEGORICAL EXEMPTION -CLASS 11 (Motion)
3b. S VARIANCE NOs 2003-04551 (Resolution)
SITE LOCATION AND DESCRIPTION:
(1) This irregularly-shaped, 15.06-acre property has an approximate frontage of 995 feet on the
southside of Convention Way, with a maximum;depth of approximately 603 feet, and is
_ located approximately 480 feet west of the centerline of Harbor Boulevard, and is further'.
described as 700 West Convention Way (Anaheim Marriott Hotel).
REQUEST: `
(2) Petitioner requests a waiver of the following Code Sections to retain two hotel identification
wall signs locatetl on adjacent building elevations:
SECTION NOS. 18.48.130:060.0601(d) Hotel Sign Standards Matrix Requirements'
AND'18.48a30:060.064 Pertaining to
(a) Maximum Sign Area (a maximum 300-square
foot signiarea for wall signs permitted; twa
existing 482-square foot wall signs proposed
` to be retained)
(b)' Permitted Sign Location (two wall signs on
non-adjadent building elevations with each
'sign located a minimum distance of one-half
the size of the sign Getter to the top and sides
of the building wall permitted;'two existing
wall signs located on adjacentibuilding ?
`elevations with each wall sign'extending`16
Y++" above the top of;the roofline and adjacent
to the edge of the building wall below the sign
proposedao be retained).
BACKGROUND:
(3) Subject property is developed with the Anaheim Marriott Hotel (a copy of an aerial photo
depicting the site and the location of the existing hotel and subject signs is provided on the
next page) and has been zoned SP92-2 (Anaheim Resort Specific Plan No. 92-2) since
September, 1994. The property is also designated for Commercial Recreation land uses in
the City of Anaheim General Plan.
(4) Surrounding land' uses are as followsf
Direction Land Use ` Zonin General P1anDesi nation'
North {across
ConvenfionWa Anaheim Hilton Hotel SP92-2` Commercial Recreation
East Quality Hotel Maingate and the
Convention Center lnn vacant SP92-2` Commercial Recreation
South Single-FamilyResidential
Multi-Famil' Residential RS-7200::
RM-1200 ` Low bensity Residential
Medium Densi Residential
:West Anaheim Convention Center SP92-2` Commercial Recreation
': 'SP92-2 (AnaheimResort Specific Plan No. 92-2):.
SR8560GK
Page 1 `,
Staff Report to the
Planning Commission
March' 10, 2003
Item No. 3
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SR8660GK
Page 2
:Staff Report: to the
Planing Commission
March 10,2003
Item No. 3
C
Staff Report to the
Planning Commission
March 10, 2003'.
Item No. 3
(6) ;The requested waiver pertains to the following requirements set forth in a Hotel Sign
Standards Matrix:
(a) Maximum Sign Area -The Code permits business identification wall signs for buildings
over 9 stories in heighGto have a maximum sign area of 300 square feet. -The petitioner
proposes to retain two 482-square`foot wall signs on the 16-story Anaheim Marriott
Hotel building! Planning.: Commission may wish to note that the intent of the'Code is to'
prov(de for an appropriate amount of sign area which corresponds to the building height
and allows for the sign to be visible. and legible from the: adjacenfpublicrights-of-way. i
Staff has reviewed the existing sign area and`the petitioner's justification form (which is
provided as Attachment A to this staff report) and recommends approval of the waiver
inasmuch as there are special circumstances with respect to the property and the design
of the building: The Anaheim Mamott Hotel is the second tallesffiotel in the Anaheim
Resort Specific Plan area (the West Coast Hotel is taller by sevenfieet). The Code
allows a hotel logo sign such as the Marriott sign to have a maximum height'of 10 feet.:
Reducing the sign area from 482 square feet to 300 square feet would result in the logo
height and the: sign area needing to be reduced by approximately one-third, which would
reduce the visibility and legibility of,the sign as well as make the sign area
disproportionate to the size of the building. Staff recommends that the waiver be
approved and' he existing 4132-square foot signs be allowed to remain given the
prominence of the hotel building, and the existing sign area being proportionate to the
height of the building.
(b) Permitted Sion Location=The Code permits a maximum of two business identification'
wall' igns per building provided that if more than one sign is proposed, the signs must '
be located on non-adjacent buildinglelevations. The petitioner proposes to retain two
existing wall signs on adjacent eastand north building elevations. '..Planning Commission
may'wish to note that the'intent of the Code into provideiifor wall signage on hotel
buildings to be;visible from two directions of traffic flow (either on the same street or
from streets in'the vicinity). Staff has reviewed the existing signs and the justification
form submitted by the petitioner and recommends approval of the waiver inasmuch as
there are special circumstances with respect to the properly and the design,of the
building. As previously indicated, this hotel is one of the tallest buildings in The
Anaheim Resort. The existing sign on the east elevation'. is orientetl towaMs Harbor
Boulevard and' is primarily visible from Harbor Boulevard, though the sign also has
limited visibilityfor westbound traffic on Convention Way: The sigrson the north
elevation is primarily oriented towards Katella Avenue, with limited views from
Convention Way. Staff recommends that the variance be approved so the hotel is
identifiable from both Harbor Boulevard and Katella Avenue consistent with the intent of
the Code. Planning Commission may also wish to note that the same type of'sign
waiver has recently been approved for other properties in the Anaheim Resort Specific
Plan'area (i.e., the Candlewood Suites Hotel on Anaheim Boulevard and the Staybridge'
Inn and Suites and the Holiday Inn on Manchester Avenue).
The Code also requires business identification wall signs to be located a distance of
one-half the size of the sign letter from the adjacent roofline or sides of the building wall:
Inasmuch as the "M" in the Marriott sign is 10 feet high, the sign is required to be located
a minimum of 5 feet from the roofline and the sides of the building walls. The;petitioner`
proposes to retain two existing wall signs with a maximum 10-foot high height (a portion!.
of each of the signs extends above the roofline!by 16'/+ inches). Staff has reviewed the+
existing signs and the petitioner's justification form and recommends approval of the
waiver inasmuch as special circumstances exist with respect to the`design of the
existing hotel building. Specifically,ahe height of the building wall where the sign is
SR8660GK
Page 4
1
i
Staff Report to the
Planning Commission :
.March 10,2003
Item No. 3
located is approximately 9 feet in height. A wall sigrf would need to have letters no -
'higher than 6 feet in height to be in compliance with the Code:{the Code permits a
maximum lgn height of 10 feet for the 16-story Marriott logo). to shorter sign height
`would limit a visibility and legibility of the' Marriott name and would not be proportionate
to a 16-story hotel building.: W ith regard'to a portion`of the sign extending above the
roofline, fie photograph on page 3 of this report shows that the sign does not appear to
extend above the roofline whenviewed from streePlevel.
(7) Planning Commission may wish to note that there is a third wall sign on the Marriott hotel
building which' is located above the ports-cochare adjacent to the hotel lobby.: Said sign is not
permitted by Code. As a separate action, the Anaheim Marriott Hotel has submitted a request
to amend the Code to permit a third wall sign on high-rise hotel buildings with said third: sign to
be located on the wall of the hotel ports-cachere in order to direct vehicles and pedestrians to
the hotel entry. This Code'Adjustmentwiil be scheduled for Planning: Commission review and
actiofi at a later date. Should said Adjustment not be approved, the third wall sign on the
Marriott Hote(buiiding would need to be removed.
ENVIRONMENTAL IMPACT ANALYSIS:
(t3) The proposed project falls within the definition of Categorical Exemptions, Class 11,
(construction or replacement of minor structures'accessory to existing commercial, industrial
or institutional facilities, including, butnot limited: to, on-premise signs) as defined in the
California EnvironmentaPQuality Act!(CEQA)Guidelines and is, therefore, categorically >;
exempt from the': requirement to prepare additional environmental documentation.
FINDINGS:
(9) Whenipracticai difficulties or unnecessary hardships resultfrom strict enforcement of the
Zoning Code, a'modification may tie granted forthe purpose of assuring that no property,!;
because of special circumstances applicable to It, shall be deprived of privileges commonly
enjoyed by otherproperties in the same vicinity and zone.' The sole purpose of any variance
or code waiver is to prevent discrimination and none shall be approved which would have he
effect of granting: a special privilege not shared by other similar properties. Therefore, tiefore
any variance or code waiver is granted by the Planning Commission, it shall be shown:
(a) .That there' are special circumstances applicable to the property such as size, shape,
opography, location or surroundings, which do nofapply to other identically zoned
properties`in the vicinity; and
(b) That strict application of the Zoning Code deprives the property of privileges enjoyetl by
other properties under identical zoning classification in the vicinity.
RECOMMENDATION:
(10) Staff recommends that, unless additional or contrary information is received during the public
hearing, and based upon the evidence submitted to the Planning Commission, including the
evidence presented in this'staff report, and oralsand written evidence: presented at the public
hearing, the Commission take the following actions:
(a) By Motion,: find that the project is categorically exempt under Class 11 of the CEQA
Guidelines; and,
SR8560GK Page 5
Staff Report to the
Planning Commission
March;l0, 2003'<
Item No. 3
(b) By Resolution, aoorove Variance No.2003-04551, subject to staffs recommended -
conditions of approval included in this staff report, waiving the Hotel Sign Standards
Matrix requirements pertaining to maximum sign area and permitted sign location to
retain two hotel identification wall signs located on adjacent building elevations
inasmuch as the submitted evidence does identify special circumstances with regard to
the'location and surroundings of the property which do not apply to other identically-
zoned properties in the vicinity, and, that the strict application of the Zoning Code would
deprive the property of privileges enjoyed by other properties within the Anaheim Resort
Specific PIan:Zone as described in paragraph (6) of this: staff report.
THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUSCITY DEPARTMENTS ACTING
AS ANINTERDEPARTMENTAL COMMITTEE'? AND ARE>RECOMMENDEO FOR ADOPTION BY`
THEPLANNINGCOMMISSION IN THE EVENT THAT VARIANCE N0 2003-04551 IS<-
APPROVED.
t That the subject property shall be developed substantially in accordance with the plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are on file
'with the Planning Department marked Exhibit Nos. 1 through: 3.
2. That approval of thissapplication constitutes approval of the proposed request only,to the
'extent that it complies with the Anaheim MunicipafZoning Code and any:: other applicable City,
:State and Federal regulations. !Approvafdoes not include any'action or findings as to
'compliance or approval of the request regarding any other applicable ordinance, regulation or
',Fequirement.
SR8560GK
Page 6
Attachment A
SECTION 4
PETITIONER'S STATEMENT OF
JUSTIFICATION FOR VARIANCE/CODE WAIVER
(NOT REQUIRED FOR PARKING WAIVER) MM,,~
REQUEST FOR WAIVER OF CODE SECTION: ~ ~'~'°""'~'°'°°' ~~' `1B. 13 0, 060. 06~`/ 4°t-
(A separate statement is required for each Code waiver) ,
PERTAINING TO: Hotel/Motel Sign Standard Matrix
Sections 18.03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver may be
granted by the Zoning Administrator or Planning Commission, the following shall be shown:
That there are special circumstances applicable to the property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical zoning classification in the vicinity; and
2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges
enjoyed by other property under identical zoning classification in the vicinity.
In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to
arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully
and as completely as possible. if you need additional space, you may attach additional pages.
Are there speci~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: 'rhP Matr;x allows for 1•Iorth and South
syg nl T7a are frnntad nn on *h 'dr b~+J,Qcida t'a ho sing Our East facing
ci un is Qtp~_prpta;n n ly di spayed and has been ;n place for over twen tv years.
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? g Yes _ No
If your answer is "yes," describe how the property is different: rre >,,.,o hncn ;n 1n_car; on for twenty wears
erteLq~sn, *' '• ~- a a'+=F rl . rrn,nd ~ c allow;ng much more
3. Do the special circumstances .applicable to the property deprive it of privileges currently enjoyed by neighboring
properties located within the same zone? Yes _No
If your answer if "yes," describe the special circumstances:
Other properties are allowed East, West, North and ..South facing signs in addition to
Electronic programmab a monuments.
4. Were the special circumstances created by causes beyond the control of the property owner (or previous property
owners)? R Yes _ No
EXPLAIN Resort Plans have been put in place since this property was built.
The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be
approved which would have the effect of granting a special privilege not shazed by other property in the same vicinity and zone
which 's o he ise el pressly authorized by zone regulations governing subject property. Use variances are not permitted.
!~ 101 ~7OaL
Signatu o roperty Owner or Authorized Agent Date VAR NU. 2003 - 0 4 5 5 1
CONDITIONAL USE PERMITNARIANCE NO.
DECEMBER 12, 2000
January 6, 2003
Ms. Linda Johnson
Principle Planner, Planning Department
City of Anaheim
200 South Anaheim Boulevard
Anaheim CA 92802
RE; Variance From Title 18 Zoning Ordinance, Code Section 18.78.130.064
Dear Linda: IB•tia• t30, 060, c~60`/~u•
This letter is to formally~equest a variance from Title 18 (Zoning Ordinance),
Code Section -' °."'°z~-~4-pertaining to hotel/motel sign standard matrix to
permit modifications concerning letter height and adjacent wall placement.
We ask for this variance due to the following. The matrix currently allows for
signage on north and south walls of the existing building. We are fronted on our
south side by residential housing. The sign on the east face of our building is more
prominently displayed and has been in place for over twenty years. It is our feeling
that the movement to the south wall would not provide any positive benefit to the
building. This would, however, add significant cost to our statement. We currently
have spent close to $30 million within the last 18 months on intensive renovations.
We are grateful for your time and attention to this request,
Respec~y, ~\~~~p151~61
rn .iAN 2003
~ 20NING
Mar A. Vasquez, CMP, Director of Event Management S~ DI VI S I ON
MAV/lo
VAR N0. 2003 - 0 ~+ 5 51
700 West Convention Way Anaheim, California 92802-3483
phone: 714.750.8000 hotel guest fax: 714.750.9100 sales fax: 714.748.2477
o•mail: anaheim@marriott.com www.marri ottanahei m.com
11en
P 94-1
NDUSTRIAL SP 84-1
IRMS RCL 70-71-07(22)
RCL 70.7146
SMALL INDUSR2IAL
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RCL 7071-07 (22)
RCL 70.71-06
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W CUP 2896 ry:.,,r,. iT 77 ~"kk` CUP 29/4 RCL 70.71-14
CALIBER MOTORS ~y.£ ~, ~'~ ""~~~;.~-sn~ HEALTH PHILAZA VAR 4271
N OA2 ~~-r,. ,a~;~+~~` OFFICE BLDG.
GNIBER W
MOTORS 2
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' 279'
I
SP 80.1
PARKING LOT
ALL PROPERTIES ARE I
Conditional Use Permit No. 4156
TRACKING NO. CUP2003-D4666
v RM-2400
TOWNHOUSES
'~ NGErHORPE AVENUE
Is;itir.::..,.., 501 ~ -
,~DAA AVENUE
1~`
SP 94-1
SP 94-1 RCL 7071-07 (4)
RCL 7071-06
RCL 70.71.47 (4)
RCL 70.71-0fi CUP 2729
UNOCAL
H. NOCH 850N3 OA2
THE (SC) (SCENIC CORRIDO R OVERLAY) ZONE
Requested By: CONNECTICUT GENERAL LIFE
--_
SP 90-i
CEROMET INC.
CENTER
OA 5
Subject Properly
Date: March 40, 2003
Scale: Graphic
Q.S. No. 177
TO EXPAND AN EXISTING AUTOMOTIVE DEALERSHIP AND MODIFY PREVIOUSLY
APPROVED EXHIBITS AND CONDITIONS OF APPROVAL PERTAINING TO SIGNAGE
AND A TIME LIMITATION WITH WAIVER OF MAXIMUM NUMBER OF WALL SIGNS.
5445 East La Palma Avenue -Land Rover
589
i
4a. CEQA NEGATIVE DECLARATION (PREVIOUSLYAPPROVED)
4a. i WAIVER'OP CODE REQUIREMENT
4c. ?CONDITIONAL USE PERMIT N0.4156
(TRACKING NO. CUP2003-04666)
SITE LOCATION AND DESCRIPTION:
(1) This irregularly-shaped, 12.2-acre property has a frontage of 5[
LaP--alma Avenue, has a maximum(depth of 1,325 feet'and is l[
centerline of Brasher Street (5445 East La Palma Avenue -Lai
.REQUEST::'
(2) The petitionerrequests to expand an existing automotive Beale
approved exhibits and conditions of approval pertaining to sign.
with waiver of;the following:
SECTION NO 18.05.091 Maximum numbel
(DELETED)
BACKGROUND:
n
;viously
ation
(3) This property is developed with an'industrial park and two automotive dealerships and is
zoned SP94-1', DA 2 (Northeast Area Specific Plan, DevelopmenfArea 2 -Expanded
Industrial Area). The property is designated for Generaf Industrial land uses on the
General PIan.Land Use!Element Map.
(4) Conditional Use Permit No. 4156 (to permit an automotive dealership with waivers of
permitted location of freestanding monument`signs and permitted encroachment into
required yards) was approved by the Commission on October 25, 1999, to expire on
October 25,.2009.
(5) Resolution No. PC99-187, approved in conjunction with'Conditional Use Permit No. 4156,
contains the followingconditions of approval'
"14I That subject conditional use permit shall expire ten (10) years from the date of this
resolution, on October 25 2009.
17? 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 Departmenfmarked Exhibit Nos.'1 through 5; provided,
however, that the monument sign shall be located between the two driveways'(i.e.,
minimum 80 feet from the east property line) and as conditioned herein:'
'PROPOSAL:
(6) The petitioner has submitted an additional floor plan (Exhibit No. 6) for the previously-
approved automotive dealership Indicating a proposed expansion into two (2) adjacent
tenant spaces and renovation of a number of areas within the existing facility. No new'
building floorarea is proposed in conjunction`'with this request.
sr8572av
Page 1
1
i
Staff,Report to the
Planning Commissicn
March 10, 2003
Item No. 4
(7)' The submitted floor plan indicates the expansion of the Land Rover dealership,into two (2),
7,166: square foot tenant spaces to the north of the existing dealership. The expanded
area would be used for a relocated parts department, new vehicle storage and`
administrative offices. The floor plan' also describes several renovations within the existing
dealership, including remodeling the mechanics locker area, replacemept of the parts
department witfi a new car delivery area, and relocation of the reception area
(8) There are three existing driveways from La Paima Avenue providing `access for this site.
Plahs'indicate a otal of 945 (not including any outdoor display spaces) parking paces
available for the entire Industrial complex. Thexenovation would result in an increased
parking demand. of 28 spaces based on the conversion of industrial area to square footage
utilized for the proposed parts department. Code requiresa minimum of 886 spaces based
on the followingt
Industrial 151,612 s.f. 1.55 s aces/1,000 sf. 234.9
Office Areas 19,161 s.f. 4.0 spaces/1,000 s.f' 76.6
Auto Dealership ,-
(Land Rover)
Showroom/Sales 3,864 s.f, 2.5 spaces/1,000 s.f: 9.7
Office ' 700 s.f. 4.0 spaces/1,000 s.f. 2.8
Service/Parts 28,945 s.f. S.5 spaces/1,000 s.f ` 159.1
Auto Dealership s
(Caliber Motors) ?
Showrodm/Sales ' 18,874. s.f. 2/5 spaces/1,000 s.f < 47,1
Office 2;706 s.f. 4.0 spaces/1,000 s.fr 10.8
Service Parts 62;769 s.f. ' S.5 spaces/1,000 s.f:` ! 345.2
Total ' 886
(9) The submitted letter of operation describes the request as accommodating the current
expansion needs and introducing a new brand of vehicle for the previously approved
automotive dealership. Nohew building floor area is being proposed: The petitioner is
also requesting deletion of the time limitation that set an expiration of the conditional use
permit to Octotier 25, 2009, in orderSo obtain long-term financing for the expansion.
Page 2
_ .~ ' - - -
1
Staff Report to the
Planning Commission
March 10, 2003
Item No. 4
EVALUATIONi
(12) Automotive dealerships, including expansions and modifications, arepermitted in the
SP94-1 (DA2) zone subject to approval of a conditional use permit.: The expansion is
compatible with the existing dealersfip and necessary to accommodate a new tirand of
vehicle planned;for the site:
(13), Although revised elevationplans have not been submitted,ithe petitioner is planning
enhancements to the south building elevation and main entry in anticipation ofthe new
brandof vehicle{Jaguar). Staff believes that these enhancements can be coordinated
through final plan'review. A recommended condition of approval has been added requiring
staff review and approval of final elevation and sign plans. '
(14) ; Staff has determined that waiver (a) pertaining to maximum number of wall signs should tie
deleted since the'Zoning Code only restricts wall: signage for commercial zones iocated
within the Scenic Corridor Since the Land Rover dealership is zonetl SP 94-1 (DA 2),
Code currently permits walb signage up to 10 percent of the building elevation.
(15) The automotive dealership is well maintained and is in compliance with all conditions of
approval. Staff feels that it would be appropriate for the time limitation to be removed and
recommends that the Planning Commission delete Condition No. 14 of Resolution No.
I PC99 987.
(16) ' Staff finds the proposed reconfiguration and expansion is consistent with the previously-
approved plans and the proposed useof the adjacent tenant spaces would not be
detrimental to the surrounding area. Staff recommends approval of the request for the
automotive dealership expansion and reconfiguration.
FINDINGS:
(17) ; Before the Planning Commission grants any conditional use permit, iEmust make a finding
of fact that the evidence presented shows that all of the following conditions exist:
(a) That the proposed use is properly one for which a conditional use permit is
authorized by the Zoning Code, or that said use is not listed therein as being a
permitted use;
(b) That the proposed use will not adversely affect the adjoining land uses and the
:growth and development of the: area in which it is proposed to be located;
(c) That the size and shape of the site for the proposed use is adequate to allow the fuF
development of the proposed use in a manner nofdetrimental'to the particular area
hor to the peace, health, safety and general welfare;
(d) That the traffic generated by the proposed: use will not impose an undue burden
;upon the streets and, highways: designed and Improved to carry a trafficin the
area; and
(e) That the granting of the conditional use permit under the conditions imposed, if any,
will not be detrimental to the peace, health', safety: and gener•atwelfare of the
citizens of the City of Anaheim2
Page 4
Staff Report to the
Planning Commission
March 10 2003
Item No. 4
(18) Subsection 18.03.092 pf the Anaheim Municipal Code provides for the modification or
.termination of a conditional use permit for one or more of the following grounds:
(a) That the approval was obtained by fraud;
(b) That the use for which such approval is granted is not being exercised within the
time pecified in such permit;
(c)s That the use for which such approval was granted has ceased to exist or has been
suspended or inoperative for any reason for a period of six (6) consecutive months
or more;
(d), That the permit granted is being, or recently has been exercised contrary to the
terms or conditions of such approval, or in viplatipn of ahy statute, ordinance, law
or regulation;
(e) That the use for which the approval was granted has been so exercised as to be
detrimental td the pubtio health or safety, or sous to constitute a nuisance;
(f), That the use for which the approval was granted has not been exercised, and that
basetl upon additional information or ue to changed ciroumstances the facts
necessary to support one or more of the required showings for the issuance of
suchentitlement asset forth in this chapter noJonger exist; and/or
(g) That any such modification, including the imposition of anyadditional'conditions
thereto, is reasonably necessary to protect the' public peace, health,: safety or
general welfare; or necessary to permit reasonable operation undeCthe conditional
use permit as granted.
.RECOMMENDATION:
(19) Staff recommends that unless additional or contrary information is received during the
meeting, and based upon the evidence submitted to the Commission, including the
evidence presented idthis staff report, and oral and written evidence presented at the
meeting, that the Commission take the following actions:
(a) By motion, determine that the previously-approvetl Negative Declaration is adequate
to serve as the(appropriate environmental documentation for this request.
(b) By motion, deny waiver (a) pertaining to the maximum numtier of wall signs since the
waiver has been deleted. -
(p) By resolution, approve the modification to Conditional Use Permit No. 4156 (Tracking
No CUP2003=04666) to expand an existing automotive dealership and modify
previously approved exhibits and conditions of approval pertaining a time limitation,
based' on the following:
(i) That the proposed use and expansion are properly ones for which a
conditional use permit isauthorized by he Zonirtg Code.
Page 5
I
Staff Report to the
Planning Commission
March 10, 2003'
Item No. 4
(ii) That the proposed uses, subject to the conditions recommended herein, >
'would nofadversely affect the adjoining land uses and the growth and
'development of the area in which they are: proposed to be located, due to
the property's proximity to other. similar automotive uses, and that the size
'and shape of the site for the proposed use is adequate to allow the full
development of the proposed use in a manner not detrimental o the
particular area nor to the peace, health, safety, and general welfare of the
!City of Anaheim.
(d) Staff further recommends that should the Commission wish to approve this request,':
that the conditions ofapprovafcontained in Resolution No. PC99-187 be'
incorporated into a new resolution which includes the foilowing'conditions'of approval
(Condition Nos. 2, 3 4, 15, 16`and 17 are new conditions):
1. That the landscape planters shall be permanently maintained with live and '
healthy plantmaterials.
2. That if new or upgraded electrical service is required, the legal owner of
the subjectpropen`.y shall provide the City of Anaheim with a public
utilities easement to be determined as electrical design is completed.
3. That any required relocation of City electrical facilities shall be at the
developer's expense. iLandscape and/or hardscape;screening of all pad-
mounted equipment shall be required and shall beshown on plans
submitted for building'permits.
4. That the locations for future above-ground utility devices including, but
not limited to, electrical transformers, wat®r backflow devices, gas,
communications and cable devices, etc., shall be shown on plans
submitted for building`permits.' Plans shall also identify the'speciflc
screening treatments of each device (i.e, landscape Greening, color of
walls, materials, identifiers, access points, etc.) andiishall be subject to the
review and approval of the appropriate'City departments.
5. That gates shall not be installed across any driveway in' a manner which may
adversely affect vehicular traffic in the adjacent public street. Installation of any
gates shall conform to Engineering'StandardiPlan No 609 and shall be sutiject
to the review end approval of the City Traffic and TransportationManager prior
to`issuance of a building. permit.
6. That no required parking area shall be fenced or otherwise enclosed for outdoor
storage use.
7. That an on-site trash truck tum around area shall be maintained in accordance
with Engineering Standard Detail No. 610 and as required by the Department of
Public Works, Street Sweeping and Sanitation Division:
8. That at all times during operation of the facility, the CityTraffic and
Transportation Manager'approved plan to prevent vehicular conflicts with auto
transport trucks, shall be continuously implemented.
.Page 6
Staff Report to the
Planning Commission
March 10; 2003
Item No. 4
9. :That the on-site maintenance of vehicles shall be permitted only inside the
building, and that no'outdoor servicing or repair shaUbe permitted on the"
:`premises.':
10. That the storage or overnight parking of vehicles (other than vehicle inventory),
vehicle parts, or business-related materials and all work on vehicles (including
the washing of vehicles) shall tie confined`entirely to the interior of the building.
`Absolutely!. no vehicular body work, painting or other business-related activities,
idr storage of vehicle;parts or materials (other than vehicle inventory) shall be
allowed outdoors.
11. That a maximum of forty-nine (49) inventory vehicles, excluding the ten (10)
'display vehicles, may be storedoutside the building:': With the exception'of the
five (5) display vehicles permitted 10 feet from the La Palma Avenue, said
outdoorstorage shall only occur behind the minimum 65-footbuilding setback.
12.'That no Special Event Permits (including inflatable balloons) shall be issued for
temporary outdoor advertising br other events at this site.
13. That three (3) foot high street address numbers shall be maintained on the roof
of the building in a color contrasting to theYoof material. The numbers shall not
be visible to the nearby street or adjacent properties:
14. Tha4 any proposed elevation changes or new wall signs shall be reviewed
and approved by the Zoning Division. `Any decision by Zoning Division
staff maybe appealed to the Planning Commission as a "Reports and
?Recommendations" item.
15.: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 6; provided, however, that he monument
sign shall be located between the two driveways] (i.e., minimum 80 feet
s;from the east property line) and as conditioned herein.
16. That prior to commencement of the activity authorized by this resolution,
`or prior to the issuance of a building permit, or within a period of one (1)
year from the dateof this resolution, whichever occurs first, Condition
`:Nos. 3, 4' and 14, above-mentioned, shall be complied with. Extensions
for further time to complete said conditions may: be granted in accordance
'with Section 18.03.090 of the Anaheim RAunicipaf Code.
17.' That priorto the final building and zoning inspections, Condition No. 15
above-mentioned, shall be complied with::
18.' 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 otheFapplicable'City, State and Federal regulations. Approval does'not
?include any action orfindingsas to compliance or approval of he request
:;regarding any other applicableordinance; regulation or requirement.
Page 7
ATTACHMENT - ITEM N0. 4
RESOLUTION NO. PC99-187
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0.4156 BE GRANTED, IN PART,
FOR A PERIOD OF TEN (10) YEARS TO EXPIRE ON OCTOBER 25, 2009
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
PARCEL 1, AS SHOWN ON THE PLAT ATTACHED TO LOT LINE ADJUSTMENT NO.
404 RECORDED JUNE 15, 1998 AS INSTRUMENT NO. 199803L73638 OF OFFICIAL
RECORDS OF ORANGE COUNTY CALIFORNIA.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on October 25, 1999 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 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 Section 18.110.070.050.0544 to permit an automobile dealership with waivers
of the following::
(a) Sections 18.04.060.050 - Required oarking lot landscaoing.
and 18.110.070.090
(b) Sections 18.05.093.030 - Permitted location of a freestanding monument sign:
and 18.110.070.120 r (minimum 120-foot setback from the east property line
required; 20 feet proposed)
(c) Sections 18.110.070:090.0902(iil - Permitted encroachments into required vards.
and 18.110.070.100 (Vehicle displav not permitted within the required
65-foot setback adjacent to an arterial highway;
five (5) vehicle displav cads proposed 10 feet from La
Palma Avenue)
2. That the proposal is located in Development Area 2 "Expanded Industrial Area" of the
Northeast Area Specific Plan No. 94-1.
3. That waiver (a), required parking lot landscaping, is hereby denied because following
public notification it was determined that since the parking lot landscaping is an existing condition and no
new construction is proposed, the waiver should not have been advertised.
4. That waiver (b), permitted location of a freestanding monument sign, is hereby approved,
in part, requiring that the monument sign be located between the two driveways (i.e., a minimum of 80
feet from the east property line).
5. That waiver (c), permitted encroachments into required yards, is hereby approved to
allow five display vehicle pads located 10 feet from La Palma Avenue on the.basis that strict application
of the Zoning Code would deprive this property of privileges enjoyed by the neighboring automobile
CR3789PK.DOC -1- PC99-187
dealership (Caliber Mercedes Benz) which is under identical zoning classification; and that the petitioner
will remove parking spaces and add landscaping in the setback area, resulting in additional landscaping
in the front setback.
6. That there are special circumstances applicable to the property such as location and
surroundings, which do not apply to other identically zoned properties in the vicinity.
7. That strict application of the Zoning Code deprives the property ofprivileges enjoyed by
other properties under identical zoning classification in the vicinity.
8. That the proposed automobile dealership, as designed, will not adversely affect the
adjoining land uses and the growth and development pf the area in which it is proposed to be located.
9. 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.
10. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area
11. 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.
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 to permit an automotive dealership with waivers of (a)
required parking lot landscaping, (b) permitted location of a freestanding monument sigh and (c)
permitted encroachments in required yards on an irregularly-shaped, 12.2-acre. property having a
frontage of 501 feet on the north side of La Palma Avenue, a maximum depth of 1,325 feet, being located
270 feet east of the centerline of Brasher Street, and further described as 5445 East La Palma Avenue;
and does hereby approve the Negative Decoration upon finding that the declaration reflects the
independent judgment of the lead agency and. that it has considered the Negative Declaration together
with any comments received during the public review process and further finding on the basis of the initial
study and any comments received that there is no substantial evidence that the project will have a
significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, in part, upon the following conditions which
are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to
preserve the safety and general welfare of the Citizens of the City of Anaheim:
1. That plans shall be submitted to the City Traffic and Transportation Manager forreview and
approval, showing how the vehicular security gates and vehicle tum-around area will function.
2. That gates shall not be installed across any driveway in a manner which may adversely affect.
vehicular traffic in the adjacent public street. Installation of any gates shall conform to Engineering
Standard Plan No. 609 and shall be subject to the review and approval of the City Traffic and
Transportaton Manager prior to issuance of a building permit.
3. 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.
CR3789PK.DOC -2- PC99-187
4. That no required parking area shall be fenced or otherwise enclosed for outdoor storage use.
5. That an on-site trash truck tum around area shall be provided in accordance with Engineering
Standard Detail No. 61p and as required by the Department of Public Works, Street Sweeping and....
Sanitation Division. Said tum-around area shall tie shown on plans submitted for building permits.
6. That in order to prevent vehicular conflicts with auto transport trucks, a delivery plan regarding
transportation of new vehicles to this site shall be submitted to the City Traffic and Transportation
Manager for review and approval: Said plan shall be implemented continuouslyduring the course
of the operations permitted under this conditional use permit.
7. That the on-site maintenance of vehicles shall be permitted only inside the building, and that no
outdoor servicing or repair shall be permittedon the premises.
8: That the storage or overnight parking of vehicles (other than vehicle inventory), vehicle parts, or
business-related materials ahd all work on vehicles (including the washing of vehicles) shall be
confined entirely to the interior of the building. Absolutely no vehicular body work, painting or other
business-related activities, or storage of vehicle parts or materials (other than vehicle inventory),
'shall be allowed outdoors.
9. That a maximum of forty nine (49) inventory vehicles, excluding the teh (10) display vehicles, may
be stored outside the building. With the exception of the five (5) display vehicles permitted 10 feet
from the La Palma Avenue by waiver (c), said outdoor storage shall only occur behind the minimum
65-foot building setback.
10. That a final landscaping plan, lighting plan and sign program shall be submitted to the Zoning
Division of the Planning Department for review and approval by the Planning Commission as a
"Reports and Recommendations" item. The final landscaping plan shall include information
specifying type, size and location of all proposed plants, the irigation system, and detailed plans
regarding the "off road" demonstratipn track and the articulated rock treatment of the vehicle display
pads. The final sign program shall include information on all proposed wall and freestanding signs
pertaining to this automobile dealership. Following approved, the landscaping, light and signage
shall be installed and maintained in accordance with the approved plans.
11. That no Special Event Permits (incuding inflatable balloons) shall be issued for temporary outdoor
advertising or other events at this site.
12. That three (3) foot high street address numbers shall be displayed on the roof of the building in a
color dontrasting to the roof material. The numbers shaltnot be visible to the nearby street or
adjacent properties.
13. That subject conditional use permit shall expire ten (10) years from the date of this resolution, or
October 25, 2009.
14. That no public address system or any other communication system which is audible .outside the
building area shall be permitted for this automobile dealership.
15. That any proposed security devices (i.e., bollards, chains and posts, fencing, etc.) for the outdoor
inventory vehicles shall be reviewed and approved by the Planning Commission as a "Reports and
Recommendations" item.
16: 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 5; provided., however, that the monument sign shall be
located between the two driveways (i.e., minimum 80 feet from the east property line) and as
conditioned herein.
CR3789PK.DOC -3- PC99-187
17. Th ~t prior to commencement of the activity authorized by this resolution, or prior to the Issuance of
a !:; itding permit, or within a period of one (1) year from the date of this resolution, whichever
occurs first, Condition Nos. 1, 2, 3, 5, 6 and 10, above-mentioned; shall be'complied with. "°
Extensions for further time to complete said conditions maybe granted in accordance with Section
18.03.090 of the Anaheim Municipal Code.
18. That prior to commencement of the activity authorized by this resolution or priorao the final building
and zoning inspections, whichever occurs first, Condition Nos. 12 and 16, above-mentioned, shall
be complied with.
19. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and
Federal regulations. Approval does not include any action or findings as to compliance or approval
of the request regarding any other applicable ordinance, regulation or requirement.
BE tT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adbption bf 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
October 25, 1999.
CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
1, Margarita Solorio, Secretary of the Anaheim City Planning Commission, dd hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on October 25, 1999, by the following vote of the members thereof:
AYES: ' COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WI
1999.
BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, V,4NDERBILT,
ARNOLD
NONE
NONE
iEREOF, I have hereunto set my hand this day of
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
CR3789PK.DOC -4- PC99-187
aooi CL VAR 4213
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__ VAR_4025 CUP 2541 RCUP 2541
ALL PROPERTIES ARE IN THE (SC) (SCENIC CORRIDOR OVERLAY) ZONE
Conditional Use Permit No. 2003-04662 ~~ ~ Subject Property
Date: March 10, 2003
Scale: 1" = 200'
Requested By: DOLPHIN PARTNERS, LLC Q.S. No. 213
TO PERMIT AROOF-MOUNTED TELECOMMUNICATIONS ANTENNA AND ACCESSORY
GROUND-MOUNTED EQUIPMENT IN THE SCENIC CORRIDOR OVERLAY ZONE.
8141 Kaiser Boulevard
596
Staff Report to thee:
Planning Commission
March 10, 2003
Item Noi 5
5a; CEQA CATEGORICAL EXEMPTION. CLASS 1 '(Motion) 'f
Sb: 'CONDITIONAL USE PERMIT N0 2003-04662: ' (Resolution)
SITE LOCATION AND DESCRIPTION:
(1) This irregularly-shaped, 2.8-acre property has a frontage of 145 feet ort the north side of Kaiser
Boulevard, a maximum depth'of 380 feet and is located 300 feet east ofthe centerline of Roosevelt
Road (8141 Kaiser' Boulevard).
REQUEST:
(2) The petitioner requests approval of a conditional use permit under the authority of Code Sections
18.41`:.050.210 and`18.84.067:032 to permit aroof-mounted telecommunications antenna and
accessory roof-mounted equipment in tfie Scenic Corridor Overlay Zone.
BACKGROUND:
(3) 'This property is developed with a 3-story office building built in 1987. The properly is zoned CO (SC)
(Commercial, Office and Professional; Scenic Corridor Overlay) and is designated for General
Commercial land uses on the Anaheim General Plan Land Use Element Map.
(4) Surrountling land uses are as follows:
,,.
lcect ~;~~ ~
~~ , ,~ '' lid f7sex~' ~ ~
-,~ Zdoin
~ ~ ` -en~era ~la~
North (acrosslSanta .Fast Food Restaurants & CL (SC) ; General Commercial
Ana Canyon Road) Commercial Shops
East Post Office CO (SC) General Commercial
South (across Kaiser Office Buildings and Church
Boulevarcl) CO (SC) General Commercial
West Office Building CO (SC) General: Commercial
PREVIOUS ZONING ACTIONS:
(5) ; Conditional Use Permit No. 2541 (to permit an 18-lot planned commercial office and light industrial
complex) was approved by the Planning Commission on April 16, 1984. On June 9, 1986, the
Commission approved revised plans.
PROPOSAL:
(6) The petitioner proposes to construct aroof-mounted telecommunication facility consisting of two (2)
sectors with three (3) panefantennasper sector located behind a screen wall attached to the face of
the office building'and accessory roof-mounted equipment.
(7) : The site and roof plans (Exhibit Nos. 1 and 2) indicate the roof-mounted antennas. and equipment
would! tie enclosed within an 8-foot high; 497 square foot roof enclosure. The elevation plans and
photp simulations. (Exhibit Nos. 3, 4 and 5) indicate that a 9-foot high, 24-inch deep screen wall would
be constructed even with the;top of the rotunda utilizing a fiberglass screen painted and textured to
simulate the brick wall surfaces of the existing building.
'Sr8568vn
Page 1'
i Staff Report to the
Planning Commission
i Marcft' 10, 2003
Item No. 5
EVALU
(12)
(13);
i
r
?;
(14)` ~
(15)
(16)
(17)
(18)
ATIONt
Communication facilities and'antennas are permitted within the CO(SC) Zone sutiject to the: approval
of a conditional use permit The CO zone states that the height of the antennas is to be determined
as part of the conditional usepennit process and further the Scenic Condor Overlay, Zone provides
that aIl'roof-mounted equipment shall require a conditional use permit ?
This proposal is located within the Scenic Corrtdor Overlay Zone which was adopted in 1975 to
"...provide for the orderly growth in certain areas of the City designated as being of distinctive, scenic'.
mportance, while implementing local govemment'actions for the protection, preservation and
enhancement of the unique and natural`scenic assets of these areas as a valuable resource to the
community". Further, the State has designated the SR-91 (RiversidejFreeway as Type 1 (Viewscape
.nrrida~l Scenic Hiahwav. The Citv has adopted a Scenic Highway Element in recognitionof this
I equipment be
~I of any residential'structure;
recognizable as a screening
ied to improve wireless
ilemental information and
acity. The search ring for this
reeway and extends.'/. mile
a Canyon: Road. The
i new telecommunication
the east of this building) -
nning Commission on
N. Riverview Drtve?unable to'
is (1) ability to conform to the
rbility to construct oh the site;
grounding sites. The petitioner
i criteria ahd offered an
e proposed finish and texture df
> to satisfactorily match the
that the proposed faux brick
existing .building, staff has
it to certificate of occupancy for
naintained
(19) Staff feels that the design of the telecommunication facility meets the intent of the CO(SC) lone, the
goals of the Scenic CorridoFOverlayZpne and the Scenic Highway Element of the Anaheim General
Plan. ?The screen wall is designed to match the existing building which would conceal the panel
antennas and the roof-mounted equipment is contained within the proposed roofenciosure.
Page:3
Staff Report to the
'Planning Commission
`March 10 2003
rltem No; 5
FINDINGS:
(20) Before the Planning Commission grants any conditional use permit, it must make,a finding of fact that
the evidence presented shows that all of the following:. conditions exist:
(a) That the proposed use is'propedy one for which a conditional use permit is authorized by the
Zoning Code, or that said'use is notlisted therein as behg a permitted use;
(b) That;the proposed use would not adversely affect the adjoining land uses and the growth and
development of the area in which it is proposed to be located;
(c) Thatthe size and shape of the site for the proposed use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area nor tp the
peace, health, safety, and general welfare;
(d) Thafthe traffic generated by the proposed use would not impose an undue burden upon the
streets and highways designed and improved: to carry the traffic In the area;: and
(e) That the granting of the conditional use permit under the wnditions imposed, if any, would not
be detrlmental,to the peace, health,'safety and,general welfare o8the citizensof the City'of
'Anaheim.
RECOMMENDATION:
(21) Staff recommends that unless additional or contrary information is received during the meeting and
based upon a evidence submitted to the Planning Commission, including,the evidence presented in
this staff report, and oral and written evidence presented at the public hearing that Planning
Commission ake the following actions:
(a) By motion, determine that the project is Categorically Exempt under Section 15301, Class 1
(Existing Facilities) of the CEQA,Guidelines.
(b) By resolution, approve Cohditional Use Permit No. 2003-04662 (to permit aroof-mounted
telecommunications antenna with accessory roof-mounted equipment in theiScenic Corridor
Overlay Zone),based on the following:
(i) :That roof-mounted,equipment is permitted in the CO(SC) Zone subject to the approval
of a conditional use permit and that this proposal meets the criteria of Code Section
18.84.062.032 by,the integration of the roof screening devices into the architectural
design of the building. Further, the equipment shelter and,the telecommunicatiod'
antennas would bescreened from view of the public right-oYway and adjacent
`. residential properties by a new roof enGosure constructed to match the existing
building.y
(ii) That the'size and shape of the site is adequate to allow the full development of the
proposed use in a manner not detrimental to the particular area nor to the peace, ,
health, safety, and general welfare. The site currently contains a 3-story office building
which allows opportunity foCscreened telecommunications'facilities on the roof of the
r building thereby minimizing impacts to the surroundings.
(iii) That since this is an unmanned facility with infrequent maintenance, traffic generated
by the proposed use would not impose an undue'burden upon the streets and
highways designed and improved to carry the traffic in the area.
Page 4
' Staff Report to the
Planning Commission
March 10, 2003
Item No. 5
(iv) ThatShe granting of the conditional use pennit'under the conditions,lmposed would not
be detrimental'to the peace, health,"safety and'general welfare of the cifizensbf the
City of Anaheim and further contributes to an'essential and effective wireless
communication network system.
THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS AN
INTERDEPARTMENTAL COMMITTEE AND'ARE RECOMMENDED FOR ADOPTION BY THE PLANNING
'COMM'ISSION'IN THE EVENT:THIS'PERMIT IS APPROVED.
1. :That the portion of the property being leased to the telecommunication provider shall be permanently
''maintained in an orderly fashion providing for removal of trashend debris, and removal of graffiti within
twenty-four (24) hours of occurrence.
2. That the telecommunications facility shall be limited to two (2) sectors consisting of three (3) panel
antennas` each and accessory roof-mounted equipment consisting of five'(5) base fransceiver stations,
one (1) 4-foot diameter microwave dish and one (1) generator. -Said information shall be specifically
shown on plans submitted for building permits. No additlonaf antennas or equipment cabinets`shall be
permitted without the prior approval of the Planning Commission.
3. That the operator of this use (the "Operator") shall ensure that this installation and choice of
frequencies will not interfere with the 800 MHz radio frequencies required,by the City of Anaheim to
;provide adequate spectrum capacity for public safety and related purposes.
4. That at alftimes, other than during the 24-hour cure period provided in Condition No. 6 below, the
Operatofshall not prevent the City of Anaheim fromlhaving adequate spectrum capacity on the City's
800 MHz radio frequency.
5. That before activating this facility, the Operator shalt submit to apost-installation test to confirm that the
facility does not interfere with the City of Anaheim's public safety radio equipment.: This test shall be
conductedby the Communications Division of the OFange County Sheriff's Department or a Division-
approved contractor'et the expense of Operator.
6. That the Operator sftall provide' a 24-hour telephone number to the Zoning Division (to be forwarded to
the Fire and PoliceDepartments) to which interference problems may be reported, and shall resolve all
interference complaints within 24 hours.
7. .That the Operator shall provide'a "single point of contact" in its Engineering and Maintenance
Departments to ensure continuity on all interference issues. The name, telephone number, fax number
and e-mail address of that person shall be provided to the Zoning Division.
8, That the Operator shall ensure that each of its contractors, sub-contractors or agents, or any other user
of the facility, shall comply with these conditions of approval
9. That the installer shall obtain aright-of--way construction permit from the Public Works Department for
any work within the'public right-of--way, including but not limited to installation of conduit, cattle and
electrical service lines.
10. That should this telecommunication facility be sold, the City of Anaheim shall be notified within 30 days
' of the close of escrow.
11. That a field inspection, shall be conductetl by Zoning Division staff prior to issuance of a certificate of
occupancy for this project in order to ensure that the proposed faux brickscreen wall and equipment
enclosure match the finish and texture of the existing building. Said screen wall and enclosure shall be
maintained continuously in a "like-new"condition to match the existing building.
Page`5
1
Staff Report to the
Planning Commission
March 10;2003
Item No.`5
12. That the subject property shall be developed; substantially in accordance with the plans and
specifications submitted to the City of Anaheim by the petitioner and whicB plans are on file with the
Planning Department marked F~hibit Nos. 1,,2, 3, 4 and 5 as cohditionedherein.
13. 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'No. 2, 6, 7'and 9above-mentioned, shall. be complied with.
F~ctensions for further time to complete said conditions'may be granted in accordance with Section
18.03.090 of the Anaheim Municipal Code.
14. That prior to final building and zoning inspections, Condition Nos. 5, 11 and 12 above-mentioned, shall
be complied with.
15. That approval of this application constitutes approval of the proposed request only to the extent that it
complies with; the Anaheim Municipal Code and any other applicable City,, State and'Federal
regulations. Approval does not include any action or findings as to compliance or approval of the'
request regarding any other applicable ordinance, regulation oc~equirement'
Page 6
l
ATTACHMEtJT - ITEM N0. 5
City of Anaheim
Conditional Use Permit
Statement of Justification - Letter of Operation
Owner: Dolphinshire, L.P. ~
Michael Hyah, Managing Partner
17875 Von Karman #300
Irvine, CA 92614..
Applicant: Verizon Wireless
Linda Paul, Project Director.
15505 Sand Canyon Road, DS
Irvine, CA 92618
Applicant's Agent: Whalen & Company, Inca
John Beke, Project Manager
970 W. 190"' Street, Suite 300
Torrance, CA 90502
Site Address:. 8141 Kaiser Boulevard
Anaheim, CA 92809
APN: 354-051-32
PRO]ECi DESCRIPTION
Verizon Wireless is requesting approval of a Conditional Use Permit to allow the installation, use,
and maintenance of a proposed wireless communications facility at 8141 Kaiser Boulevard. The
facility will consist of six (6) panel antennas, one (1) 4' diameter microwave dish, one (1) gps
antenna, aback-up generator and radio equipment cabinets. The pahel antennas and the
microwave dish will be screened behind new architectural screening material that is textured and
colored to match the existing brick facade. There is no height increase proposed. All equipment
cabinets, generator, and GPS antenna are proposed on the roof and screened from public view
with the same matching screening,
The Property:
The subject property is located on the north side of Kaiser Boulevard, between Weir Canyon and
Roosevelt Roads. The property is developed with one three-story. commercial building and parking
lot. The subject property is adjacent to other commercial buildings on all sides. - - -
Objective:.
This cell site both a "coverage" site and a "capacity" site. This location is ideally suited to provide
the added capacity required by our ever-increasing customer base as well as to provide additional
coverage in this part of Anaheim.
Without this cell site in operation, customers may find that their calls are "blocked" (i.e., they are
unable to place or receive calls in the area due to heavy cellular traffic). This cell site will also "fili-
in" or strengthen areas of weak coverage which will prevent "dropped" calls in those areas that are
not served well by one or more of our existing cell sites,
Statement ojJust~cation -Letter ojOpemtion Site: ANAHEIMHII r.e
page 1
nnn sin nnnn n 1. / L ']
ABOUT WIRELESS COMMUNICATIOPIS AF1D VERIZOPI WIRELESS:
Background:
As a licensee authorized by the Federal Communications Commission to provide wireless services
in this region, Verizon Wireless mustestablish a`network of wireless communication facilities in the
metropolitan Ventura area and beyond. Each wireless communication facility, or base station, will
consist of transmitting and receiving antennas mounted on a communication tower or other
suitable structure and electronic equipment cabinets. It will also consist of redios for receiving and
transmitting wireless communications and complex electronic equipment to operate the radios,
interface with other wireless communication facilities, provide connections to the landline
telephone network, and link the cell site with the main switching center.
Selection of Base Stations:
In order to meet the basic level of operational radio signal coverage, radio frequency (RF)
engineers have designed a network of wireless communication facilities for the Los Angeles MTA.
Specific sites are chosen after lengthy analysis by the applicant's engineers. Selection criteria
include: limitations imposed by surrounding topography, the intended service area of the site, and
the ability of the new site to "see" other sites in the network from its proposed location. Other
selection factors include suitable access, availability of electrical .and telephone service, and a
willing property lessor.
Where the .necessary design.. criteria can be met, co-location with e~asting telecommunication
facilities is a preferred option, and the antennas and equipment are screened or integrated with
the building whenever possible. Only after careful analysis of many candidates and successful
lease negotiations have been completed is a land use'appiication such as this one submitted.
The wireless communication facility is a passive use and will have little or no impact on other
properties in the surrounding area.. The facility is unmanned. After an initial construction period
of 30 to 45 days, the only traffic generated will be for routine maintenance visits, typically once or
twice a :month. There are no activities that will produce airborne emissions, odo ,.vibration, heat,
glare, or noxious and toxic materials. Ali equipment and materials needed to operate the site are
located in the equipment shelter. The wireless wmmunication facility does not7equire water or
sanitary facilities and therefore will generate no waste water.
ADDITIOPIAL INFORMATION / FIIVDIIVGS
A. Indicate how the proposed use will not adversely .affect the adjoining land uses or
growth and development of the area and how the site is 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.
The proposed project will. be desirable to the public convenience and welfare by providing
essential communication service in the area. The facility is proposed to be located on
commercial properly and the proposed use is compatible with the existing uses of the
Statement ojJurtificahon-LetterojOpemtion ~ Sile:A1JAHEMHltT.C
page T
Clip Rin ~nr» n t. c
subject property as well as the surrounding properties. Additionally, the subject property
possesses unique characteristics (e~osting architectural features) that make it an ideal
location for the proposed facility, which allows the facility to meet its objectives. It is a
minor change to the property that is innocuous in nature and therefore will not encourage
marginal development within the neighborhood. Therefore the proposed use will not
interfere with any emsting activities or conveniences of the general public and wiU provide a
desirable service to the public without adding significant visual clutter.
B. %ndicate how the traffic generated by the proposed use will not impose and undue
burden upon the streets and highways in the area and how the granting off this CUP
under conditions imposed will not be detrimental to the peace, health, safety and
general welfare of the citizens of the City of Anaheim.
Access to the site will require approximately one visit to the site per month, all street in the
area are capable of handling the trip. These improvements will actually enhance the
general health, safety and welfare within the City of Anaheim by providing clear and
reliable communications which can continue to function in the event that telephone (wire)
service is interrupted during an emergency situation or natural disaster. The proposed
installation consists mainly of panel antennas that will be fully screened from view.
Installation will not create a negative visual impact and the construction of the facility will
only be a minor alteration to the existing setting. It will not affect the commercial and
character of the area. It is a passive use and therefore will not adversely affect the policy
and goals of the General Plan.
Statement ojJusfificatlon-LetterojOpemtion Site: ANAHEIMHILLS
page 3
CUP N0. 2003 - 0 4 6 6 2
1
1 TLM AIl1 ~
CH I vcroroel
RM-1200 56-57-33
= 567 5B 3 RCL 77.78.28 I CUP 314
D RESTAURANT 5 g DU 3 APTS.
cc v.1267 RM-1200
57-5843 ftO81N MOOD
D cuanu MOTEL cL 62-63-36
~ ROCUP 275711) CUP 314 ~ -
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A H ~ 56-57-59 CL RUST CINN
A CUP 907 RCL 71-]]-23 MOTEL _-
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~ V-1200 CUP 1582 MOTEL
MOTEL 6
RESTAURANT CL CL
60-61-31 CUP 1339
0ooo ss-sis9 cH CL CL V-2146 S 60-61-31
1CH CUP 1243 56.57-se RCL 69-70-1t ~ RCL 98-99-15 SUMITOMO SUMROMO
sMALL SHOPS BMPLLSHOP6 CUP 2538 CINDY'S MOTEL BANK BANK
S.S. B FLOWER SHOP
FOODMART
BALL ROAD
378'
CL
58-58-109 .~CH~~ ~y x'yrr' ~~ ` `r~:r
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1 V-2665 CL SCUP 1387~~. v~ ~1 82-63 55 ~
31 CL 62-63-95 i REST a ,i s"1 57 56.47
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58-89-109 BEACH-BALL CL ~ CUP taus as SHOPPING `
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RCL 92-93-09 V-1814 5 MOBILE HOME PARK CHURCH
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RCL 68-69-11 ~
CUP 3608 Q CL
CUP 2625 ~
AUTO SALVAGE U! 56-57-04
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m ANAHEIM q7Y LIMITS
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Conditional Use Permit No. 1397 ? Subject Property
TRACKING NO. CUP2003-04664 Date: March 10, 2003
Scale: 1" = 200'
Requested By: ROBERT L. WELTZLER O:S. No. 15
TO AMEND CONDITIONS OF APPROVAL AND APPROVED EXHIBITS TO ALLOW PUBLIC
ENTERTAINMENT IN CONJUNCTION WITH APREVIOUSLY-APPROVED RESTAURANT
WITH SALES OF BEER AND WINE FOR ON-PREMISES CONSUMPTION.
2954 West Ball Road -Arroyo Grande Restaurant sae
1
Staff Report to the
Planning Commission
March 10, 2003
Item No. 6
6a. CEQA CATEGORICAL EXEMPTION-CLASS 1 (Motion)
6b. CONDITIONAL USE PERMIT NO. 1397 (Resolution)
(TRACKINGNOi CUP2003-04664);
6c. REQUEST FOR INITIATION OF RECLASSIFICATION (Motion)
NO) 2003-00096
SITE LOCATION AND DESCRIPTION:
(1) This rectangularly-shaped, 2.4-acre property is located at the southeast comer of Beach
Boulevard and BaII Road with frontages of 277 feet on the east side of Beach Boulevard
and 378 feet'on the south side of Ball Road (2954 Wesf Ball Road -Arroyo Grande
Restaurant).
REQUEST•.'
(2) (a) The petitioner requests to amend conditions of approval and approved exhibits to
allow public entertainment in conjunction with a,pr•eviously-approved restauranfwith
the sales of beer and wine for on-premises consumption.
(b) ; The Planning Department requests Planning Commission initiation of reclassification
proceedings for this property,from the. CL (Commercial, Limited) and CH
(Commercial, Heavy) zone to the CL (Commercial; Limitedpzone.
BACKGROUND:
(3) This property is currently developed with a commercial retail center and is zoned CL and
CH The Anaheim Gene~ai Plan Land Use: Map designates this property for General
Commercia(land uses.' The property is also located within the West Anaheim Commercial
iial-
iial
iiaf
;ial
s~8553av
Page 1
Staff Report to the
Planning Commission
March 10, 2003
Item No. 6 `
(7) The revised site plan (Revision No. 1 of Exhibit No. 1) indicates a 3,000 square restaurant
within an existing commercial retail center. No additional square footage for the retail
center is proposed withthis request. The original staff report prepared for the Planning,
Commission on May 14,,1973, describes thesubject restaurant tenant spaca`as 2,720
square feet, in error. The property'managerhas informed staff that no expansion has taken
place and the+modifications only include interior reconfigurations of the tenant space.
(t3) The revised floor and elevation plan (Revision No. 2 of Exhibit No.'2) indicates a 200
square foot dance floor, 691 square foot kitchen, dining area, resfrooms and storage area.
The plans also provide'details pertaining to aproposed service bar. The petitioner is ',
requesting that Condition No. 2 of Resolution No. PC73-103 be deleted to allow for the
proposed service bar and the service of bead and wine at locations within the restaurant
other than directly to dining room tables.
(9) The elevation renderings indicate a' new Sign. face advertising "Arroyo Grande Restaurant'
within the existing 80 square foot ign cabinet. The existing sigmhas a building permit on
record. Code permits wall signage not to exceed 10 percent of each building elevations
(10) The submitted letter of operation describes Arroyo Grande Restaurant as a unique dining
atmosphere with live entertainmentiand aspecialization fnfresh seafood. The
entertainmentwould consist of live Mariachi's and dancing. The petitioner is'requesting
hours of operation on Mdnday through Thurstlay from 11:00 a.m. to 9:00 p.mi, Friday ahd
Saturday from 11:00 a.m. to 2 a.m and Sunday from 11::00 a.m. to 1:30 a.m Staff has
recommended a condifldh of approval limiting;the hours of operation from 11' a.m. to
midnight, daily, based on the proximity of the restaurant!to the motiilehome park to the
south.
(11) The Anaheim Police Department submitted a' memorandum dated, January 16, 2003
(attached), regarding the: request for live entertainment for the existing restaurant. The
restaurant is'located in Reporting!District 1916, which Etas a crime'~ate of 80'percent atiove
average. Reporting Districts to the north and east are also above he city-wide average:
The Reporting. District to the west has a crime rate below the Cityaverage and the
Reporting District to the south is within the City of Stanton. The Anaheim Police
Department has also indicated 12,caiis for service to this particular ocatioh including 9; 911
hang ups, 1 suspicious circumstance, and two disturbance calls since January 2002.
(12) The Planning Department agrees with Anaheim Police Department's recommendatioh df
approval subject to the recommended conditions of approval provided in this`report,
(13) This commercial center also includes property that is zoned CH and currently developed
with a fast food restaurant at the northwest comer of the: site. The portion of the property
zoned CH is fully integrated with this center.:In accordance with' Commission policy to
rezone CG and CH properties to the CL Zone; and for consistencgthroughcuttha
commercial retail center, staff requests that the Commission initiate reclassification of this
site from the CH Zoneto the CL Zone.
Page 3
1
Staff Report to the
Planning Commission
March 10, 2003
Item tJo. 6
ENVIRONMENTAL IMPACT ANALYSIS:
(14) The Planning Director's authorized representative has determined that the proposed project
falls within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing
i Facilities); as defined in the State CEOA Guidelines and is, therefore, exempt from the
requirement to prepare additional environmentaldocumentation.
GROWTH MANAGEMENT ELEMENT ANALYSIS•
(15) ;The proposed project has been reviewed by affected City departments to determine whether
it conforms with the City's Growth Management Element adopted by the'City Council on
i March 17, 1992. Based on City staff review of the proposed: project, if has been determined'
.:that this project does not fit within the scope necessary to require a Growth Management
i Elementanalysis, therefore, no analysis has beenperformed.
FINDINGS:
(16) '; Before the Planning Commission grants any conditional use: permit, it must make a finding:
of fact that the evidence presented shows that all: of the following conditions exist:
(a) That the proposed use is properly one for which a conditional use permit is
authorized by the Zoning Code, or that said use is not listed therein as being a
permitted use;
(b) That the proposed use will not adversely affect the adjoining land uses and the
growth and development of the'area in which it is proposed to be located;:'.
(c) That the size and shape of the site for the proposed use is adequate to allow the full
'development of the proposed use in a manner not detrimentaftd the particular area?
nor to the peace, health, safety; and general welfare;`
(d) That the traffic generated by the'proposed;usewiil not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the
area; and `'
(e) That the granting of the conditional use permit under the conditions imposed, if any,
will not be detrimental to the peace, health; safety and general welfare of the
'citizens of the City ofAnaheim. '
(17) Subsection 18.03:092 of the Anaheim Municipal Code provides for the modification or
termination of a conditional Use permif for one or'more of the following groundsii
.010 That the approval was obtained by fraud;
.020 That the use for which such approval is granted is not being exercised within the -
time specified in such permit;
Page 4
1
Staff Report to the
Planning Commission
March 10, 2003
Item No. 6
.030 Thaf the use for which such approval'was granted has ceased to exist or has tieen
suspended or inoperative for any reason for a' period of six (6) consecutive months
or more;
.040 ThaEthe permit granted is being, or recently has been exercised contrary to the:
termsor conditions of such approval, or in violation of any statute, ordinance law
or regulation;
.050 That the use forwhich the approval was granted has been so exercised as to be
detrimental to the public Ftealth or safety, or so`as to constitute a nuisance;
,055 That the use for which the, approval was granted has not been exercised, and that
based upon additional information or due to changed circumstances; the facts::
necessary to support one or more of the required showings for the issuance of
such'entitlement as set forth in this chapter no longer exist; and/or
.060 That any such modification, including the imposition of any additional conditions
thereto, is reasonably necessary to protect the public peace, health'safety or
general welfare;: or necessary to permit reasonable operation under the conditional
use permit as granted,
RECOMMENDATION:
(18) Staff recommends that,,unless additional or contrary information is received'during the
meeting, and based upon the evidence submitted to the Commission, including the
evidence presented in this staff report, and oral and written evidence presented at the ;
public hearing; the Commission take the following actions:
(a)t By motion, determine that the project is Categorically Exempt under Section 15301,
Class 1; (Existing.Facilities) of the CEQA Guidelines.
(b) ` By resolution, aoorove this request to modify Conditional Use Permit No. 1397
(Tracking No. CUP 2003-04664) to amend conditions of approval antl approved
exhibits to allow public entertainment in conjunction with a previously-approved
restaurant with the sales of beer and wine for on-premises consumption based on the
following:
<; (I) That the Anaheim Police Department does not oppose the request based on a
moderate crime rate (80 percent above the City average) for the Reporting
District for the property and witfi a imposition of theirecommended conditions
of approval:
(ii) That as conditioned herein, the proposed change in operation would not be
detrimentai,to the peace, health safety, and generafwelfare of the citizens bf
the City of Anaheim.
(c) By motion, initiate the reclassification of this property from the CL and CH Zone to
the CL Zone.
Page 5
Staff Report to the
Planning Commission
March 10, 2003.'
Item. No. 6
(d) Staff further recommends that should the Commission wish to approve this request;
Ghat the conditions of approvafcontained in Resolution NaPC73-103 be
nc~orporated into a new resolution which includes the following$onditions of
aPProval: ':
1. That the landscape planters: shall be permanently maintained with live and healthy
plant materials. ;
2. That any tree planted on-site shall be replaced in'a timely manner in the event that it
is removed, damaged, diseased and/or' dead.
3. That the on-site landscaping and irrigation system shall be maintained in
compliance with: City standards.
4'. That alt doors serving the restaurant shall conform to Uniform Fire Code
requirements and shall be kept closed at all times during operation'of the premises
except,for ingress/egress, deliveries and emergencies.
5. That aiF existing and proposed roof-mounted equipment shall be completely
screened from view in all directions byproperly maintained design elements of the
building. Said information shall be specifically shown on plans submitted for Zoning
Division approval::
6t That the establishment shall'be operated as a "Bona Fide Public Eating Place" as
defined by Section 23038 of the California Business and Professions Code.
7. That food senrlce with a full meal shall be available from opening timeuntil closing
time, on each dayofoperatibn.
8. That there shall be no pool tables, vending machines or arcade devices maintained
upon the premises at any time.
9'. That subject alcoholic beverage license shall not be exchanged for a public
premises (bar) type license nor shall the establishment be operated as a public
premise as defined in Section 23039"of the California Business and Professions`:
Code.
10. That the gross sales of alcoholic beverages shall not exceed 40 percent of gross
sales of all retail sales during: any three (3) month: period. The applicant shall
maintain records on a quarterly basis indicating the separate amounts of sales of
beer and wine and other items. These records sfiall be made available for
inspection by any City of Anaheim official during Teasonablebusiness hours.
11. That there shall be no live entertainment, amplified music or dancing permitted on
the premises at any time without issuance of proper permits'as required by the
Anaheim Municipal Code.
12. That the sales of alcohol for off-premises consumption shall be prohibited.
Page 6
1
Staff Report to the
Planning Commission
March 10, 2003
Item No. 6
13. That there shall be no exterior advertising of any kind o[ type, including advertising
directed to the exterior-from within,'promoting'or indicating the availability of
alcoholic beverages.
14. That the activities occurring in conjunction with the operation of this establishment
shall not cause noise disturbance o surrounding properties,
15. That the parking lot serving the premises shall be equipped with decorative lighting
oYsufficient power to illuminate and make easily discernible the appearance and
conduct of aIC persons on or abouf the parking lot. Saidlighting shall be directed,
positioned and shielded'jn such a manner sous not to unreasonably illuminate the
windows of nearby residences. Said information shall tie specifically shovm on
plans submitted for Police Department, Community Services Division approval.
16. That the business operator shall comply with Section 24200.5 of the Business and
Professions Code so as'not to employ or permit any persons to solicitor encourage
others, directly or indirectly, to buy em drinks in the licensed premises under any
commission,; percentage, salary, or other profit-sharing plan, scheme or conspiracy.
17. That there shall be no public telephones on the premises located outside the':
building.
18. That signage shall be limited to existing and approved signs. Thaftemporary signs
andbther advertising devices shall hot be permitted except when in connection with
an approved Special Event Permit.:
19. That no advertising or identification'of any type shall be permitted on any outdoor
fumjture or equipment including umbrellas, 6y illustration, text or any other means of
visual communication.
20. That the property shall be permanently maintained in an'orderly fashion by providing
regular landscape maintenance, removal of trash or debris, and removal of graffiti
within twenty-four (24) flours from time of occurrence.
21. That four (4) foot high address numbers shallbe displayed on the flat area of the
roof in a contrasting color to the roof material,'. provided the numbers shall not be
visible from the street oradjacent'properties. s Said information shall be specifically
shown on plans submitted for Police Department, Community Services Division
approval.
22. That trash storage areas: shall be provided and maintained in a location acceptable
tothe 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 6e readily identifiable from adjacent
streets or highways. The walls oEthe storage'areas shall be protected fromgraffiti
opportunities by the use of plant materials such as minimum 1-gallon size clinging
vines planted'on maximum 3-foot centers or tall shrubbery. Said information hall
bespecifically shown on the plans'submitted for Planning Department and Public
Works Department, Streets and Sanitation Division approval.
Page 7
Staff Report to the
Planning Commission
March 10, 2003`:
Item No. 6
23. That a plan sheef 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.
24. That the hours of operation shall be limited to 11 a.m. to midnight, daily.
25. That the use of all pyrotechnical material, special effects and fireworks shall be
permitted and approved by he Anaheim Fire Department prior to their use.
26. That subject property shall be developed substantially in accordance with plans end
specfications submitted to the City of Anaheim by the petitioner and which plans are '
on file with the Planning Department marked F~thibit Nos. 1; Revision'No. 1 and
Exhibit No. 2, Revision No. 2, and as conditioned!herein. :
27. That prior to the commencement of the. activity authorized by this resolution or within
one year from the date of this resolution, whichever occurs first from'the date of this
resolution, Condition Nos. 4; 5, 15, 17, 21, 22, 23 and 26,'above-mentioned, shall
be complied wlth.'
28. That approval of this application constitutes approval of the proposed request only
to the extent that it complies'with the Anaheim Municipal Zoning Code'and any other
applicable City, State and Federal regulations. Approval does not include any
action or findings as to compliance or approval of the request regarding any other
applicable ordinance, regulation or requirement.
Page 8
ATTACHt1ENT - ITEM tJO. 6
IY! ~ !tll ® /'~ 1~ Si tlY8
City of Anahei-n
- POLICE DEPARTMENT
DATE: January 16, 2003
TO: Amy Vaaquea
Planning Department
FROM: Sergeant Thomas J. Smith
Vice Detail
SUBJECT: Pre-file 2002-00151
Arroyo Grande Restaurant Night Club
2954 West Ball Road
Anaheim, CA 92804
The Police Department received an I.D.C. Route Sheet for Pre-file 2002-00151. The applicant
is requesting to .permit beer, wine, and live entertainment within an existing restaurant
The location is within Reporting District 1916, which has a crime rate of 80 percent above
average. It is also within census tract number 878.03 which has a population of 6,442. This
population allows for seven on sale Alcoholic Beverage Control Licenses and there are nine
active licenses and two pending in the tract. This population allows for four off sale licenses
and there are presently six licehses in the tract.
The census tract boundaries are:
North Ball Road
South Katella Avenue.
East Dale Avenue -
West Beach Boulevard
Off sale licenses in the vicinity of the applicant:
2950 W. Ball Road
1218 S. Beach Boulevard
10692 Beach Boulevard (City of Stanton)
8501 Cerritos Avenue.. (City of Stanton)
10338 Beach Boulevard (City of Stanton)
10480 Beach Boulevard (City of Stanton)
Memorandum
Amy Vazquez
Arroyo Grande Restaurant Night Club..
Page two
On sale licenses in the vicinity of the applicant;
2806 W. Ball Road (Pending)
2806 W. Ball Road
2954 W. Ball Road {Pending)
2822 W. Ball Road
10712 Beach Boulevard (City of Stanton)
10332 Beach Boulevard (City of Stanton)
10781 Beach Boulevard (City of Stanton)
10464-66 Beach Boulevard (City of Stanton)
10922 Beach Boulevard (City of Stanton)
10330 Beach Boulevard (City of Stanton)
2952 W. Ball Road
The census tracts (see attached for addresses) surrounding this location are as follows:
north - 869.03
oh-sale allowed 7/active 4
south -City of Stanton
on-sale allowed /active
west- S7t3•02
on-sale allowed 8/active 5
east - 878.05
on-sale allowed 8/active 1
south/west -City of Stanton
on-sale allowed /active
south/east - City of Stanton
on-sale allowed /active
population 6,797
off-sale allowed 5/active 1
population
off-sale allowed !active
population
off-sale allowed /active
north/west - 869.02 population 4,921
on-sale allowed 6/active 3 off-sale allowed 3/active 4
north/east - 870.01 population 4,087
on-sale allowed 5/active 2 off-sale allowed 3/active 2
The Reporting District to the north of the location is 1816 and has a crime rate of 142 percent
above average. The Reporting District to the south is the City of Stanton. The Reporting
District to the east is 1917 and has a crime rate of 28 percent above average. The Reporting
District to the west is 1915 and has a crime rate of 57 percent below average.
population 6014
off-sale allowed 4/active 4
population
off-sale allowed /active
population 6.,725
off-sale allowed 5/active 1
Memorandum
Amy Vazquez
Arzoyo Grande Restaurant Night Club
Page three
From January 2002 to January 2003 there have been 12 calls for service to this location.
These calls consist of 9 911 hang up calls, 1 suspicious circumstance call, and 2 disturbance
calls.
Due to the high crime rate and over concentration the applicant will have to apply for Public
Convenience or Necessity through Alcoholic Beverage Control, if Public Convenience or
Necessity were granted the Police Department would recommend the following conditions be
placed upon the Alcoholic Beverage Control License and the Conditional Use Permit:
1) At all times when the premise is open for business, the premise shalt be maintained as a
bona fide restaurant and shall provide a menu containing an assortment of foods
normally offered in such restaurant.
2) There shall be no bar or lounge area upon the licensed premise maintained for the
purpose of sales, service, or consumption of alcoholic beverages directly to patrons for
consumption.
3) There shall be no pool tables or amusement devices maintained upon the premises at
any time. ,
4) The gross sales of alcoholic beverages shall not exceed 40 percent of the gross sales of
all retail sales during any three (3) month period. The applicant shall maintain records
on a quarterly basis indicating the separate amounts of sales of alcoholic beverages and
other items. These records shall be made available for inspection by any City of
Anaheim official when requested.
5) There shall be no live entertainment, amplified music or dancing permitted on the
premise at any time unless the proper permits have been obtained for the City of
Anaheim.
6) The sale of alcoholic beverages for consumption off the premise shall be prohibited
7) There shall be no exterior advertising of any kind or type., including advertising directed
to the exterior from within, promoting or indicating the availability of alcoholic beverages.
S) The activities occurring in conjunction with the operation of this establishment shall not
cause noise disturbance to surrounding properties.
9) The hours of operation shall be limited to 12:00 am each day of the week.
Memorandum
Amy Vazquez
Arroyo Grande Restaurant Night Club
Page four
10) That subject alcoholic beverage license shall not be exchanged for a public premise
(bar) type license nor shall the establishment be operated as a public premise as
defined in Section 23039 of the Business and Professions Code.
11) There shall be no admission fee, cover charge, nor minimum purchase required.
12) 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 illuminated the windows of nearby
residences..
13) That the business operator shall comply with Section 24200.5 of the Business and
Profession Code so as not to employ or permit any persons to solicit or encourage
others, directly or indirectly, to buy them drinks in the licensed premises under any
commission, percentage, salary, or other profit-sharing plan, scheme or conspiracy.
14) At all times that entertainment or dancing is permitted, security measures shall be
provided to the satisfaction of the Anaheim Police Department to deter unlawful conduct
on the part of employees or patrons, and promote the safe and orderly assembly and
movement of persons and vehicles; and to prevent disturbance to the neighborhood by
excessive noise created by patrons entering or leaving the premises.
15) That all doors serving subject restaurant shall conform to the requirements of the
Uniform Fire Code and shall be kept closed at all times during the operation of the
premises except for ingress/egress, permit deliveries and in cases of emergency.
16) There shall be no public telephones on the property that are located outside the building
and within the control of the applicant.
If further information is needed please contact me at extension 1451.
f:Viomeltgovemale~2002-00151 Arroyo Grande Restaurant and Night Club.doc
ATTACHMENT ~ ITEM N0. 6 I
RESOLUTIONNO. PC73-101
A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF ANAHEIM ,.
THAT PETITION FOR CONDlT10NAL USE PERMIT N0.519..Z_ HE GRANTED
WHEREAS, the Clty Planning Commission of the City o! Anah<In did receive o wart lied Petllloh !or Cortdlllonal
Vae Pennlt from ROBERT L. AND ETHEL L. NEi2LEk, 1533 Buena VSete, Apartment A, Seti Clemente,
', Californie 92672, Ovnerel PETER J, MUSCARELLA, 2954 Neat Ball Roed, Anaheim, California
92804, Agent of certain real property actuated Sn the City of Anaheim, County of Orange,
S[ace of California, described as She North half of the Northveat } of Che Northveat } of
the Northveat: } of Section 24, Tovnehlp 4 South, Range 11 Geat, in the Rancho Loe Coyotes,
as acid sect ton Ss shown on a map recorded Sn book 51, page 11, MLscelleneoue Mope, records
of said Orange County. IXCEPTINC THEREFROM the Easterly 194.50 Ceet thereof. ALSO IXCEPT-
INC iHEREFAOM that pore ton conveyed to the 5ta1e of California by deed ceeorded April 4,
1951 Sn Book 2180 ac page 241 of Offic lal Records of said Orange Cuuncy
and
WHEREAS, the City Planning Commission did hold a public hearing el the City Hell in the City o! Anaheim on
May 14, 1973, at 2:00 o'clocA P.M., notice of said public hearing having been duly given es rcyuired t,y
l a~w xnd in ecrnrdance with the provisions of the Anaheim Muniopal code, Chepler 18.64, to hear and consider evidence
for mtd agai rst said proposed mnditianal use end :o investigate and make findings and recommendations in connection
th<rewith; and
WHEREAS, said Commission, after due inspection, investi get(on, end study made by itself and in Its behalf, and
alter due consideration o! ail evidentt end reports offered at said hmring, dots find and determine the following facts:
1, That the proposed use is properly one for which a Conditional Use Fermit ,s authorized 6y Code Section
1R.40.060(g) to wit: es tabl Lsh on-sale beer end vine in apropoaed restaurant.
2: That thtpropased use will not adversely effect the adjoining land usesand /he Rrowth end developmrnl of
the area in which it is proposed to be located.
3. That the size and shape c( the sit: proposed for the use is adequate to allow the full developmen. of the
proposed use in a manner not detrimental to the perU ruler area nor to the peace, health, safety, and grnerel welfare o[
the Citizens of the City o! Anaheim.
4. That the granting of the Conditional Use Permit under the conditions imposed, if any, will not be deldmmlal
to the peace, health, safety, and general welfare rf the Citl zena si the Clty of Maheim.
5, That Che petitioner etipula[ed there would be na bar and that [he serving of beer
end aloe would be in conJunction with the serving of food..
ENVIRONMENTAL IMPACT :REPORT FINDING:
Thai the Planning Cormofasion, in connection with art Exemption Dec lerc[fon Statue request,
finds and d^terminea chat the proposal would have no slgnlficsnt envl ronmental impact
sod, there tr re, recommends to the Cicy Council that no Envl ronmental Impact Stetemen[ Le
neceeea ry.
NOW, THEREFORE, 8E (T RESOLVED that tho Anohoim Clly Plenning Commraelon done hereby grsnl aebJect
Petltlon for Condltlonal Uee Pwmlp upon the following tondltlono mhleh ore hereby found to be a neesaosry prorogalallo
to the proposed use of the subfect property In ardor to preserve the sefoty and ganorol welfsre of Iho Clllrana of the
Clty of Anaholm:
(1) chat eubJeet pcoparty shell be developed •ubatantimlly in aeeordaneo with plans
and epecLfimtlone bn file with the Clty of Anahetm marked Exhibit Nos. Lend 2.
(2) chat the nerving of beer and vine shell be only tncldentel in con~unetion with
the serving of food and shall 6e served only ^c tables (no bar to be constructed) as stipu-
leced by the pet It loner.
THE FOREGOING RESOLUTION is ni fined and approved by me thin 24th day of May, 1973.
{Crlpinal siPncA oy Jahn F. Seymow. Jr,)
CHAIRMAN ANAHEIM CITY PLANNING COMMISSION
ATTEST:
,Uri;;mcl r~ned by Ann Krebs).
SECRETARY ANAHEIM CITY PLANNDYG COMMISSION
SPATE OF CALIFOkNIA ) _
COUNTY OF ORANGE ) ea.
C!I'Y OF ANAHEIM )
I, Ann Krebs, Sccretarv of the City Planning Commisalon of the City of Anaheim, do hereby cenlfy that
the foregoing resolution was paaaed end adopted et a meeting of the City Planning Commiaeion of the City of Anehdm,
held on May 14, 1973, sl 2:00 o'tlork P.M., try the following vote of the member NereaL•
AYES: COMMISSIONERS: ACCRED, FARANO, CAUER, HERBST, KAYWOOD, ROWLAND, SEYMOUR.
NOES: COMMISSIONERS: NONE,
ABSENT: COMMISSIONERS: NONE.
IN WITNESS WHEREOF, 1 have hereunto set my hand this 24th day of May, 1973,
(Original signed by Ann Krebs)
SECRETARY AN AH ElM CITY PLANNING COMMISSION
RESOLVTiON N0. PC73-103
C2G . 2-
m
RM-1200
RCL 68-69-96
V-2091
APARTMENT6
52 DU
RM-1200
61-62-92
V-1794
V-1744
CASA BONITA
71 DU
_____CL _____
TPM NO. 2001-160
61-52-92
CUP 953
CUP 955
V-1794
GRM1~A INN
MOTEL
RESTAURANT
RM-1200
RCL 69-70-24
CASA BELINDA
97 DU
5 DU RM-12on 5
RCL 69-70.28
5 DU (Res. of Int. t0 CL) 5
V-2971
m
4DU n~ 4 DU
AZ
D
r
Conditional Use Permit No. 2003-04661 ~°* Subject Property
Date: March 10. 2003
Scale: 1" = 200'
:Requested By: SONG HI PARK Q.S. No. 26
TO PERMIT A 9-UNIT, "AFFORDABLE" SENIOR CITIZEN'S APARTMENT COMPLEX
WITH A DENSITY BONUS
WITH WAIVERS OF: (A) MINIMUM LANDSCAPE SETBACK ABUTTING AN ARTERIAL HIGHWAY
(B) MINIMUM BUILDING SETBACK
115 North Gilbert Street
595
RS-A-43,000
V-710
SAVANNA
HIGH SCHOOL
W
:[I
CL CUP 3390 C ~
RCL 65-86-29
F-
63-84-33 t~ o In
CUP 2003-04661 ~°o.
C
6
V 3631 ~
(676&93) ~
z~ m
SHOPPING ~
CENTER z0u
(~
R8-A~3,0
CUP 2B5/
~ ~
RM-1200 ~°-
C "~ C
° Cl
RCL 85-66-29 "i;;l
~?
fi 173 ~ RCL 83$433 ~"~~~
~~~ ~
V36
APTS _ _ _ CUP 3fi10 ~
CUP 2951 120'
26 OU V3554
CL ~w CL
56-57.97 z o ~ RCL 73.74-05 _
MORTUARY p p V 63-64-13fi ,mod,
v a o CUP 2582 N
z~z S.S.B
J~o MINI-MART
Uy
LINCOLN AVENUE - •-
i
Staff Report to the
Planning Commission
March 10, 2003
Item No. 7 '
7a. CEQA NEGATIVE DECLARATION (Motion)
7b. WAIVER OF CODE`REQUIREMENT (Motion)
7c. CONDITIONAL'USE PERMITNO.2003-04661 (Resolution)
SITE LOCATION AND DESCRIPTION:
- (1) This rectangularly-shaped, 0.21-acre property. has a frontage of 78`feet on the west side of
G(Itiert Street[having a maximum tlepth of 120 feet and is located 240 feet north of the'
centerline of Lincoln Avenue (115 North Gilbert Street).
REQUEST:
(2) The; petitioner requests approval of a Conditional Use Permit under authority of Code
Section Nos. 18.44:050:305 and 18.94.020 dpermit a 9-unit:"affordable" senior citizen's
apartment complex with`a density tionus and waivers ofi
(a)"'SECTION NO. 18.34.063.011 Minimum landscape setback abuttino an arterial
hi hwa : (20 foot wide fully landscaped setback
required adjacent to Gilbert Street; 17 foofwide
fully landscaped setback proposed.)
(b), SECTION NOS. 18.34.063.021: Minimum structural setback.
18.34.063:022 1(.0-11 foofwide setback required adjacenfto
AND 18134'.063.023 the north, west and south properly lines; 4=5 foot
wide setback proposed:)
.BACKGROUND:
(3) This property is zoned CL (Commercial, Limited) and is currently paved and striped with
parking spaces utilized. by adjacent: property owners; there are no structures on the site and
this property is not recured parking for the adjacent commercial center. Theproperty is
designated for Medium Density Residential land uses on the Anaheim General Plan Land
Use Element Map.
(4) Surrounding land uses are as follows:
Direction Land Use ,~ Zoning- General P,Ian
Desi nation ;
North Senldr Citizen's RS-A-43,000 Medium Density
Apartments Residential
9 units
East (across Apartments, Motel end ' RM-1200 and CL Medium Density
Gilbert Street) Restaurant Residential ''
General Commercial
South :Commercial Retail Center CL : General Commercial
West Commercial Retail Center CL General Commercial
sr1110cw.doc
Page 1
Staff. Report to the
Planning Commission
March 10, 2003
Item No. 7
(5) There are no previous zoning actions,pertaining to this property.
DEVELOPMENT PROPOSAL:
(6)' The petitioner requests approval to construct atwo-story, 9-unit affordable senior citizen's<
apartment complex. The site plan includes the,following characteristics:
~~Da
~
top
pjebt,'
~ Pro(soked;F~sjecEa~d ~
M ~ ~a~Crffez~a fq~Sento~~A~~.yldrtment dam lexes
p
5j
.(
}
~.`.
dns 4 -M A Y
Yi f'F~ .. ~.. 44i !q ! .,_ $~ ".. C` ~ hb h u' .~ ~l" ~.'
i
Site area 0.21 acres (9,147 sq.ft.) NA
Dwelling units 9 units {42:8 du/acre)'. 7 units max per RM-1200 standards (36 du/acre),'
9 units with a'25% densi bonus
Average land area 1,016 square feet per unit Y;200 sq.ft.'per unit under RM-120p standards.
erunit
Lot Coverage} 31 % (2,867 sq.ft.) 55% (5,030 sq.ft.)
Average Recreation/ 280 sq.ft. per unit 200 sq.ft. per unit
Leisure area`' er unit :2,528 s .ft total 1;800 s ,ft. total
g-unit seniorcitizen com lex 10 feet to ttie structure area
East adjacent to 17-20 feet fully landscaped 20 feet fully landscaped
Gilbert Street setback wittr2 trees with 4 trees':
West adjacent to 4 feet to thepatio/balcony 11 feet of open yard '
Commercial center 11 feet to the structure' .area
South adjacent to 4 feet to the patio/balcony 10 feet of open yard
Commercial center 9 to 12 feef to the structure .area
(8) ; The floor plans (Exhibit No. 1) indicate'nine (g) one-bedroom apartments. Plans indicate 4,
units on the first floor and 5 units on the second floor. The plans indicate three fibor plans
with Plan A and B having 550 square feet and Plan C having 667 square feet. Code
requires a minimum of 550 square feet for a one'bedroom senior apartment. All three plans
show aJiving room, kitchen,'bathroom and bedroom. Plans A and C also show dining
rooms: Plans indicate all first floor units have private patios end all second floor units have
private balconies accessed from the living/dining'room.
(9) Plans indicate vehicular access to the property is gained from a single'driveway from
Gilbert:Street. The driveway provides access to 5 open parking spaces along the north
property line and 4 covered; spaces (carport spaces coveretl by living area of Unit C above)
along the south property line for a total'of 9 parking spaces: (including: one van accessible `1
handicapped space) for residents and"guests. Code requires a minimum of 9 spaces
based on one parking space for each one-bedroom unit (9 one-bedroom units a,9 parking
spaces). Plans also indicate an 8-foot wide pedestrian walkway from Gilbert Street located c
Page:2
Staff Report to the
Planning Commission
March 10, 2003
Item No. 7
along the south propertyline. Code requires that all pedestrian walkways maintain a
minimum of 8 feet in'width.
(10) Elevation drawings (Exhibit No. 2) indicate a 2-story, 26-foot high building with gable and
hip roofs with composition shingle roofing. Code permitsithe heightcf a senior senior's
apartment project to be tleterrnined by the conditional use permit. All elevations show
- stucco finished building walls with dual paned'windows.'Pians indicate that a majority of the
second floorhas horizontal wood siding and steel balcony railingsi Entrance to the units is
gained from the interior elevations; no unit entrances are visible from Giibert'Street or the
commercial center. Access to the second floor would be from one interiorstairway located
imtne centermost portion of the building and one exterior stairway along the south building
elevation. Nd'elevators'ere proposed. Code requires elevators for senior citizen's
apartment projects with 3 or more tories orfiaving 30 or more dwelling units:
(11) The landscape plan (Exhibit No. 3) indicates a 17 to 20 foot wide landscapedaetback
adjacent to Gilbert Street consisting of a 2-foot high landscaped tierm, ground cover,
shrubs and two (2) 24-inch box size Melaleuca Trees (Melaleuca leucadenoron). Code
requires a 20 foot wide fully landscaped setback adjacent to Gilbert Street with a total of 4
trees based on 1 tree per 20 feet of street frontage. Plans also indicate groundcover within
theproposed'setbacks/yards adjacent to thehorth, south and west property lines with two
(2) 5-gallon trees (Tupidanthu5 catypratus) along the west property line adjacent to the
commercial center.
(12) Plans indicates total of 2526 square feet of leisure area throughout the project (280
:.square feet per unit) with 1,605 square feet of outdoor common recreation area and 923
square feet of private recreation area provided by balconies and patios. Plans show a
sitting area and bar-b-que along the north property line (adjacent td the existing 9-unit
senior apartment building). All first floor un[tshave private patios and all second floor units
have privatebalconies. All patios'and balconies meet the minimum 100 square feet and 50
square feet respectively,Coderequires aminimum of 200 square feet of useable
recreation-leisure area for each dwelling unit provided by private andlor common leisure
area.
(13) Plans indicates new 3-foot high block wall within the front setback'adjacent to Gilbert
Street and anew 6-fooffiigh block'wall along,the southproperty line. Sign plans were not
submitted with this request. Code permits one (two if flanking the driveway) 20 square foot
identification signs for multiple-family residential completes.
(14) Private storage areas are provided'adjacent to the patios and balconies far each unit. Each
storage space is 100 cubic feet in compliance with Code requirements.
(15) The attached letter of operation indicates this: project is a senior citizen's "affordable"
apartment complex, without a resident manager; however, there will be one resident
responsible for showing and leasing the units.
ENVIRONMENTALIMPACTANALYSIS: '!
(16) Staff has reviewed the proposal and the Initial Study (a copy of which is available for review
in the Planning Department) and finds no significant environmental impact and, therefore,
recommends that a Negative Declaraflon be approved Upon a finding by the Planning
.Page 3
Staff ReportYo the
Planning Commission
March 10, 2003
Item No. 7
(19) Waiver (a) pertains to minimum landscape setback abutting an arterial highway. Plans
indicate a fullyf landscaped setback of 17 to 20 feet in width along he east properly line
(adjacent to Gilbert Street). Code#equires an'average setback of not less than 20 feet with
1 free per 20 feet of frontage. Code: permits this setback: to be staggered, provided the
minimum landscaped width is 15feet with an average width of 20 feet. The Commission
may wish to note that the staggeretl setback is a result of accommodating the van-
accessible handicapped: parking space. Staff feels that the proposed landscape setback
with. a 2 foot landscaped berm, shrubs, groundcover and four 24-inch box size trees would
bean improvement along the street frontage and recommends aporovai of this waivers. as
one of the permitted "additional incentives
(20) Waiver (b) pertains to minimum structural setback. This waiver pertains to the interior
setback requirements for the north„west andsouth property lines: Plans indicate a 10-foot
wide structural setback along the north property line (adjacent to the 9-unit senior
apartment project) with a 4-foot wide setback to the first floor patid Code requires a 10-foot
wide setback based on the length, height and; type of building wall: Plans indicate an 1111-
foot wide structural setback along the west property line; (adjacent to the commercial
center) with a 4-foot wide setback to the first floor patio. Code requires an 1 t-foot wide
setback based on the length, height and type; of building;wall. Plans indicate a 9 to 12 foot
wide setback along the south property line (adjacent to the commercial center) and a 4-foot
wide setback to the firsf floor patio. Code requires a minimum settiack of 10 feet based' on
length, heighfand type of building wall. Plans'indicate that balconies (on the north, south
ahd west elevations) would be setback 5 feetfrom the north and west property lines and 4
feet from the south property line. Code allows uncovered balconies to encroach up to fialf
the distance of the interior setback7equirement; therefore, Code requires a 5-foot setback
for. the uncovered balconies on the: north and south property lines end a 5_5-foot setback for
the uncovered balcony on the wesf;properly line. The proposed setbacks antl outdoor'yard
areas are adequate for the size of this project and a similar design'was granted for the
existing 9-unit anion project to the north (Conditional Use Permit No. 2954);'therefore;staff
recommends eoorovai of this waiver.
(21) The Commission may wish to noteahat this project would be in compliance with the
affordability requirements set forth' in Code Section 18.99.030.020 end therefore would'
qualify for a density bonus and incentives. Code permits`these Incentives as Code waivers
provided the deviation from the particular standard does: not exceed 25 percent. Based on
the'affordabilty criteria, the project would be eligible for up to two incentives.:
(22) The petitionerhas submitted the Code-required information pertaining to the accessibility to
services, including food markets, retail stores, medical offices, and a bank readily available
on the comerof Lincoln'Avenue and GilbertStreet. Putilic transportation is also available
viabus lines along Lincoln Avenue::
(23) The Community Development Department has submitted the attached memorandum
indicating that the petitioner has met with the Community Development Department and
discussed affordability criteria. The petitionerwill continue to work'with the Community ;
Developmen$staff to ensure that ell development criteria and affordability requirements'are
met.
.Page 5
Staff Report to the
Planning Commission
March 10; 2003
Item No. 7 ?
included a condition of approval to'require such an easement should access be proposed
via en adjacent properly::
{27) The Senior Citizen's Apartment Ordinance: (Code Section 18.94.031.030) requires that
projects comply with the following age and occupancy limitations:
(a) ; That not more than two (2) persons, at least one; (1) of whom must be a senior
citizen shall reside in, or be permitted'to reside ih, any bachelor unit or one (1)
bedroom unit;
(b) That not more than three (3) persons; at least one (1) of whom must be a senior
citizen; shall reside in, or tie permitted`to reside in any two (2) bedroom unit; and'
(c) ' That all occupants and residents of any dweliing unit who are not senior citizens.,
other than the spouse or cohabitant of, or a person who resides with and provides
primary physical or economic support to, the resident senior citizen, shall be at least
45 years of age'except that temporary residency by a person less than 45 yearsbf
age for a cumulative periodbf sixty,(60) days in any calendar year sfiall be
permitted.
FINDINGS:
(28) When practical difficulties or unnecessary hardships result from strict enforcement of the
Zoning Code,?a modification may tie grantedfor the purpose of assuring that no property,
because of special circumstances applicableito it, shalCbe deprived of privileges commonly
enjoyed byother properties in the same vicinity and zone. The sole purpose of any code
waiver is to prevent discrimination and none shall be approved which wouldfiave the effect
of granting a special privilege not shared by other similar properties. Therefore, before any
code waiver is granted by the Planning Commission, it shall be shown:
(a) c That there are special circumstances applicable o the property such as size, shape,
topography, location or surroundings,, which do not apply to other identically zoned
properties in the vicinity; antl
(b) i That strict application of the Zoning Code deprives the property of privileges enjoyed
by other properties under identical zoning classification in the vicinity:.:.
(29) Before the Planning Commission grants any conditiona('use permit, it must make a finding
of fact that the evidence presented shows that all of the following conditions exist:
(a); That the proposed use is properly one for which a conditional use permit is
authorized by the Zoning Code, or that said use: is not listed therein as being a
permitted use;
(b) That the proposed use will not adversely affect the adjoining land uses and the
growth and development of the area in which it is proposed to be located;
(c) That the size and shape of the site for the proposed use is adequate to allow the full
developmentof the proposed use in'a manner not detrimental to the particulararea
nor to the peace, health, safety, and general welfare;
Page 7
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Staff Report to the
Planning Commission
Marcft 10, 2003'
Item: No. 7
(d) 'That the traffic generated by the proposed use will not impose an undue burden
'upon the streets and: highways designed and improved to carry the traffic. in the
?area; and
(e) :That the granting of the conditional use permit under the conditions imposed, if any,.
:will not be detrimental to the peace, healtfi, safety and generalwelfare of the
citizens of the City of Anaheim.
(30f Prior to approving any density bonus or request for additional incentives, the Commission
shall determine a factual basis exists to make the following findings, as applicable. These'.
findings shall be ih addition to any findings made'with respect to any variance granted town
applicant:
(a)! That the applicant had proposed the construction of an eligible housing
i development;
(b) If one or more additional incentives are granted, that the applicant has
demonstrated that each additional incentive grantetl to the applicant is
necessary to make the proposed housing project economically feasible
to provide for affordable housing costs;
{c)' If no additional incentive is grehted, that no additional incentives are
necessary to make'the proposed housing project economically feasible
to provide for affordable housing costs;
(d) That the density bonus and each additional incentive granted,,if any,
further the City's affordable housing goals as set forth in the Housing
Element of the Citys General Plan;
(e)'That each additionalincentive granted, ifany, shall not, on balance, be
detrimental to the public health, safety and welfare„and shall not cause
injury to property in the immediate vicinityof the eligible housing project;';
and
(f) '1f one or more incentives are granted in lieu of a density bonus and
additional incentive(s), that such incentive or incentives is equivalent in
`financial value to a density bonus by an independent appraisalof the
applicant's property.:.
(31) The Senior Citizen's Apartment Ordinance (Code Section 18'.94.031.030), further'requires
that the' developer of a senior citizen's apartmenf project provide evidence as to the locatioh
of the site in relation to the proximity and accessibility to necessary services, including
grocerystores, transit stops,'medical facilities and'banks. The petitioner has prepared a
vicinity map showing the location of these services. The Ordinance further requires that
prior to approval of a conditional use permit, the Commission shall make mandatory
findings that the evidence presented shows that said projecf`is reasonably accessible to the
services identified above.
Page 8
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Staff Report to the
Planning Commission
March 10, 2003
Item No. 7
RECOMMENDATION:
(32) Staff recommends that, unless additional or contrary information is received during the
hewing, and based upon. the evidence submitted to the Commission, including the
evidence presented in this staff report, and oral and written evidence presented at the
putilic hearing., the Commission take to following the actions:
(a)' By motion, approve the CEOA Negative Declaration.
(b) By motion, aoorove waivers pertaining to (a) minimum landscape setback abutting
an arterial highway and (ti),minimum structural setback based on the following:`'
(i) That waiver (a) pertaining to minimum landscape setback abutting an arterial
".highway sfiould be approved because the petitioner is proposing an eligible
'housing development in compllahce with Code Chapter 18.99: Further, the
project would meet the affordability requirements in accordance with provision
to establish a densitybonus with'two (2) incentives (waivers).
(ii) That waiver (b) pertaining to minimum structural setback should be approved
'based on a similar project constructed to the north. '
(c) ! ey resolution, a~orove Conditional Use Permit No 2003- 04661 (to construct a 9-unit
"affordable" seniorcitizen's apartmentcomplex with a density bonus) based on the
following:
', (i) That the proposed senior citizen's complex is permitted in the CL zone subject to
approval of a'conditional' use permit and as conditioned herein, would not
adversely affect the adjoining residential neighborhood or growth and
development of the surrounding area since it would be compatible with the
existing senior citizen's apartment complex to`the north.:
(ii) That the size and shape of the site for the proposed use is adequate to allow'the
full development of this senior citizen's apartment complex, and that this
developmenfwould be constructed' in a manner not detrimental to the particular
area's peace, health, safety, and general welfare.
(iii) That the traffic generated by the senior citizen's apartment complex would not
impose an undue burden upon the streets and highways designed and improved
to carry the traffic in the area.
(iv) That the granting of this conditional use permit, as conditioned, would not be
detrimental to'the peace, health, safety and general welfare of the citizens of he
City of Anaheim.
(v) That the requested density bonus for the senior citizen's.: apartment complex is
for'an eligible housing development for which'the density bonus and additional
incentives are necessary for making this project economically feasible, and would
Page 9
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Staff Report to the
Planning Commission
March 10, 2003':
Item No. 7
further the Cilys affordable housing goals as sef forth in the Housing Element of
the,City's General Plan.
(vi) That this senior citizen's apartment complex is located within an area which
offers a variety ofservices, including retail/grocery stores, tianks, medical offices
and transit stops within close walking distance as described in paragraph (22) of
this report, and that, as conditioned, this senior citizen's apartment complex
would comply witfi age and occupancyiimitations!as set forth in Chapter 18.94.
THE FOLLOWING CONDITIONS ARE SUBMITTED' BY VARIOUS CITY DEPARTMENTS ACTING AS
AN INTERDEPARTMENTAL'COMMITTEE AND`ARE'RECOMMENDEO' FOR ADOPTION BY THE
:PLANNING COMMISSION IN>THE EVENT THATTHIS PERMIT IS APPROVED
1!. That the design modifications as outlined by the Community Development Department's Architect
consultant shall be specifically shown on plans submitted for building permits.'Said modifications shall
be reviewed and approved by the Zoning Staff, and shall include the following:
® Provide enriched/enhanced paving at the main entrance.
Add windows to bathrooms for natural ventilation.
® Incorporate more wood' heathing on the building, as opposed toportions of the
second floor'as proposed.
® Provide landscaping in front of the building elevation and carports to soften She front of
the units.
Provide landscaping screening of the existing commercial building to the west to buffer
the patios and balconies.
Any decision by staff regarding said plans may be appealed to the Planning Commission as a
Reportsrend,Recommehdation item.
2: That the development of this'site shall include the installation of two (2) 24-inch box sized trees, one
on each: side of the driveway. If tree wells are used, the treewell size shall be 5 faet by 5 feet, if a
parkway with turf is installed,' it should also have a minimum width of 5 feet. The3rees shah' be
irrigated by an automatic irrigation system. Said Information'shall be specifically "shown oh'plans
submitted for building permits.
3: That the legal owner of subject property shall provide the City of Anaheim with a public utilities
easement across the properly to be determined as electrical'design is completetl:
4 That any required relocation of City electrical facilities shall tie at the developer's expense.
Landscape and/or hardscape screening of all pad-mounted equipmentshall be required and shad be
shown on plans submitted for building: permits.
5: That the locations for future above-ground utility devices including, but not limitedito, electrical
` transformers, water' backflowdevices, gas, communications'and cable devices,`etc., shallbe shown
r on plans submitted for building permits: Plans sfiall also Identify the specific screening treatments of '
each device for existing and proposed devices (i.e. landscape screening, color of walls, materials,
identifiers, access points, etc:) and shall be subject to the review and approval of the appropriate City
departments.
6.! That no required parking area shall be fenced or dthervvise enclosed for outdoor storage uses.
Page 10
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>' Staff Report to the
Planning Commission
March 10, 2003
ltem No. 7
7. That gates shall not be retained or installed across any driveway in a manner which may adversely
affect vehicular traffic in the adjacent public street. Installation of any gates hall conform to
Engineering Standard Plan No. 609 and shall be subject to the review and epproval of the City Traffic
and Transportation Manager.
8. That plans shall be submitted to the City Traffic and Transportation Managerfor his review and
approval showing conformance with the current version of Engineertng Standard Plan tJos. 402, 436,
601., 602 and 604 pertaining to parking standards and driveway locations. Subject property shall5
tfiereupon be developed and maintained in conformance with said plans.
9. That the driveway along; Gilbert Street shall be constructed with 10 foot radius curb returns per
Engineering,Standard No. 137. Said information shall be specifically shown on plans: submitted for
building permits.
10. That trash storage areas shall be provided and maintained in locations acceptable to the Public
Works Department, Streets and Sanitation Division and. in accordance with'approved plans on file
with said Department. The walls of the storage areas shall be protected from graffiti opportunities by
theuse of plant materials such as minimum -gallon size clinging vines planted on maximum 3-foot
centers or tall shrubbery. Said information sfiall be specifically shown on the plans submitted for
building permits.
11. 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 for7eview and,approval.
12. That the developer shall submit satisfactory evidence (a noise study) to the Building Division showing
that the senior dtizen's epartmenf complex is in conformance with Council Policy No. 542 "Sound
Attenuation it Residential Projects" and witfi' Noise Insulation Standards specified in Title 25 of the
California Administrative Code.
13. 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:
14. That all existing water services and fire lines shall conform to curent Water Services Standards
Specifications. Any water service and/or fire line that does not meet currentstandards'shall be
upgraded if continued use is necessary or abandoned if the existing service is no longer needed: The
owner/developer shall be responsible for the costs to upgrade or to abandon any water!. service or fire
.line.
15. That all requests for new water service or fire lines, as well as any modifications, relocations, or
abandonment of existing water services and fire lines, hall be coordinated through the Water
Englneering`Division of the Anaheim Public Utilities Department.
16. Tftat prior to applying for water meters, fire line or submitting the water improvement plans for
approval, the developer hall submit to the Public Utilities Water Engineering Division an estimate of
the maximum fire flow rate and maximum day and peak hour water demands for the project. This
information will be used to determine the adequacy of the existing water system to provide the
'estimated water demands. Any off-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,
Page 11
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Staff Report to the
Planning Commission
March 10, 2003:
Item tJo. 7
17. That the legal property owner shall submit an application for a Subdivision Map Act Certificate of
Compliance to the Public Works Department, Development Services Division. A Certificate of
Compliance or Conditional Certificate"of Compliance shalt be approved by the City Engineer and
recorded in the Office of the OrangeCounty Recorder.
18. That prior to grading plan approval, the developer shall submit a Water Quality Management Plan
(WQMP) specifically identifying the post construction best management practices that wrlf be used
on-site o control predictable pollutants from stormwater runoff. The WQMP shall be submitted to the
Public Works Department, Development Services Division for review and approval.
19. That trash storage areas shall be provided and maintained in locations acceptable to the Public
Works Department, Streets'and Sanitation Division and In accordance with approved plans on file
with said Department. The walls of the storage areas shall be protected from graffiti opportunities by
the use of plant materials such as minimum 1-gallon size clinging vines planted on maximum 3-foot'.
centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for
building permits. Plans indicate the proposed location would require a recorded agreementfor trash
collection accesson the adjacent commercial center property to the south. In the event this trash
collection method is utilized; said agreement shall be approved by the'Public Works Department,
Streets'and Sanitation Division and recorded in the Office of the Orange County'Recorder'prior to
issuance of building permits:
20. That prior to the issuance of building permits, the legal property owner shall enter into an
unsubordinated, recorded Affordable Housing Agreement (the "Agreement') in a form satisfactory to :
the Executive Director of the Community Development Department. Such Agreement with the City'of
Anaheim shall comply with California Government Code Section 65915, and Chapters 18.94 and
18.99 of the Anaheim Municipal Code: The Agreement shall require the following minimum.
affordability for the Senior Housing Project:
a. Pursuant to Chapter 18.99 twenty-five percent (25%) of the total. units constructed (2
units). shall be designated as Affordable Units' for very, very low-income households'with
monthly rents at 1/12 of 30 percent of 35 percent of Orange County median-income, and
twenty-four percent (24%) of the total units cohstructed'(2 units) shall be designated'as
Affordable Units for very low-income households with monthly rents at 1/12 of 30 percent
of 50 percent of Orange: County median-income, to comply with the Senior Citizen's
Apartment Ordinance. Rents shall be calculated based oh a 2-person household size for
a 1-bedroom unit.
b. Pursuant to Chapter 18.94 twelve percent (12%°) of the total permitted units (1 unit) shall
be designated as an Affordable Unit for very,'very low-income households with monthly
rentstat 1/12 of30 percent of 35 percent of Orange County mediarr-income,`based ona
2-person family size for' 1-bedroom units to comply'. with the City Density Bonus
Ordinance.
Page 12
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Staff Report to the
Planning Commission '
March 10, 2003
Item No. 7
The numberof affordable units are set in the following table:
ZQIiS ~ffordabie:Uriifs5 ahr£dr~le
.., .,, ...
Number of Units =Median Income
3 35% WL ,
2 ? 50% VL ;;
4 Unrestricted :;
Total Umts ~°' ~~ ~ ~
r
r
~
Such Agreement shall include appropriate rental controls as specified by the City, and the duration
bf the Agreement shall be for a period of 30 years. If public financing is secured and such finahcing
requires a greater level of affordability (i.e; additional units) and a longer`affordab)Iity term, it'shall
be enforced. The total numtier of manager units permitted for theSSUbject Senior Citizens'
j Apartments shall be7subject to review and approval by the' Executive Directorrof Community
1i)evelopment. The Anaheim'Nousing Authority shall be afforded a first7ight of refusal in referring
eligible tenants to affordable `units. The Developer shall .agree to comply with all reporting
.requirements under the Affordable Housing Development program. After the Agreement has been
recorded, `a copy shall be provided td the Zoning Division and Community Development
Department:
Pursuant tb Chapter 18.94 of the Anaheim Municipal Code and Section 51:3 of the Civit Code of the
State of California not: more than two (2) persons, at least one: (1) of whom must be a senior citizen
:aged sixty two (62) or older shalt reside in;'or be permitted to reside in any bachelor or one (~)
tiedroom unit; and that all occupants and: residents of any dwelling unit who are not senior citizens
"other than the spouse or cohabitant of, or a person who resides with and provides primary physical
or economic support to the resident senior: citizen, shall be at least forty five (45) years of age
except thattemporary'residen~y by a person less than forty five: (45) years"of age for a cumulative
period of sixty (60) days in any calendar year shall be permitted;'and that an unsubordinated
covenant. it a form approved by he City Attorney so-limiting such occupancy shall be'r`ecorded with
'the Office of the Orange County Recorderby the legal owner of the property. A copy of said
:recorded covenant shall then be submitted to the Zoning Division.
21. That subject propertyshall be developed substantially. in accordance with plans and specifications
submitted td the City'of Anaheim by the petitioner and which plans are on file with the Planning:
Departmentmarked Exhibit Nos: 1 through 3, and as conditioned herein. c
22. That prior to issuance of a building permit, or within a'period of one (1) year from the date of this
resolution; whichever occurs first, Conditidn Nos. 1 2, 4, 5, 7, 8 9, 10, 1 T, 12, 13, 17 18, 19 and
20, above-mentioned, shall be complied with. Extensions for further time tb complete said
conditions; may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code.
23. That prior to final building and zoning inspections, Condition No 21,above-mentioned, shall be
complied with.
24. That approval of this application constitutes approvalbf the proposed request only to the extent that
it complies with the Anaheim Municipal Zoning Code and any other applicable City; State and
federal regulations.' Approval does not include any ecticn or findings as to compliance or approval
of the request regarding any other applicable ordinance, regulation or requirement.
Page 13
ATTACNFIENT - I TEt1 N0. 7 SECTION a
PETITIONER'S STATEMENT OF
1USTIFiCAT[ON FOR VARIANCE/CODE WAIVER
(NOT REQUIRED FOR PARKING WAIVER) ~t ~J~.
REQUEST FOR WAIVER OF CODE SECTION: ~~' 3~-,O(p3, OZZ ~~ ~~• '' ~b3"~J
(A se orate statement is~re~~gc~~~ired for each Code waiver)
PERTAINING TO: MIN 1 /I'1 JM ~~ =~(~'~~- d'~iV YYII AIIV!'117tN1 ~ ~~~
Sections 18.03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver may be
granted by the Zoning Administrator or Planning Commission, the following shall be shown:
1. That there are special circumstances applicable to the property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical zoning classification in the vicinity; and
2. That, because of such special circumstances, strict application pf 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 azsist the Zoning Administrator or Planning Commission to
arrive a[ a decision, please answer each of the following questions regarding the property for which a variance is sought, fully
and as completely as possible. Ifyou need additional space, you may attach additional pages.
I. Are there special circumstances that apply to the property in matters such az size, shape, topography, location or
surroundings? ~ Yes _ No.
If your answer is "Ye describe the syMCcial circumstances:
.. .n n n.. /~r1 l`.~~T\ IT ~C 117 ~'
wr
Are the special circumstancesYthat apply to the property different from other properties in the vicinity which are in the
same zone az your property? /~ Yes _ No
If your answer is "yes," describe how the property is different: _
.~-.-. .-r,~ . t-~r~,TiS ~. ~y~ c~i i C Prt_ S~
w
Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring
properties located within the same zone? Yes _No
If your answer if "yes," describe
4.
V 1 t~17 / IJC"1
The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be
approved which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone
which is not otherwise expressly authorized by zone regulations governing ubjec property. Use variances are not permitted.
i~~~~~~ I l s o 3
Signature of Hwne~ or Authors gent Date
CONDITIONAL USE PERMIT/VARIANCE NO.
DECEMBER 12, 2000
CUP NQ 2003 - 0 4 6 61
Were the s ecial circumstances created by causes beyond the control of the property owner (or previous property
owners)? ~ Yes _ No
ATTACHMENT - ITEM N0. 7
LETTER OF UNDERSTANDING
AFFORDABLE HOUSING DEVELOPMENT PROGRAM
Date of this Agreement: January 17 2003
Developer Name: Mr. Dwyer Beesley
Developer Address: P O Box 17783 Anaheim CA 92817
Project Address: 115 N: Gilbert Street
Name of Development: Dwyer Beeselv Senior Citizen Project
Type of Development: XX Rental
For Sale
Affordable Program: XX Density Bonus XX Sr. Ordinance Tax-Exempt
The City of Anaheim can grant a Density Bonus or other incentives pursuant. to Government
Code 65915 and City Density Bonus Ordinance (Chapter 18.99). In addition, the City can
approve a Conditional Use Permit pursuant to its Senior Ordinance (Chapter 18.94). This Letter
of Understanding, executed by the Developer and the Community Development Department
and submitted to the Planning Department, .will serve as a memorandum of affordable
conditions.
Prior to the issuance of a Building Permit under the Affordable Housing Development Program,
a developer is required to execute an Affordable Housing Agreement that sets forth the terms
and conditions of approval of said Density Bonus or other development incentive and of any
Conditional Use Permit approved pursuant to the Senior Ordinance.
Developer acknowledges that the Affordable Housing Agreement will include, but not be limited
to, the following terms and conditions:
1. Twelve percent (12%) of the total permitted units (1 unit) shall be designated as
Affordable Units. for very, very low-income households with monthly rents at 1/12`h of 30
percent of 35 percent of Orange County median-income, based on a 2-person family
size for 1-bedroom units and a 3-person family size for 2-bedroom units to comply with
the City's Density Bonus Ordinance.
2. Twenty-five (25%) percent of the total units constructed (2 units) shall be designated as
Affordable Units for very, very low-income households with monthly rents at 1/12'" of 30
percent of 35 percent of Orange County median-income, and 24 percent of the total
units constructed (2 units) shall be designated as Affordable Units for very low-income
households with monthly rents at 1/12`" of 30 percent of 50 percent of Orange County
median-income, to comply with the Senior Ordinance. Rents shall be calculated based
on a 2-person family size for 1-bedroom units and a 3-person family size for 2-bedroom
units. The initial rents and the number of affordable units are set forth in the following
tables:
ala ~In ~nnn - 0 4 6 61
Mr. Dwyer Beesley
115 N. Gilbert Street -
January 17, 2003
Page - 2
_2002'Affordable' Unets'.Scheiile
Number of Units Median Income
3 35% WL
2 50% VL
4 Unrestricted
Totat Units ,; 9
2i702'Maximum Rent3chedule s
Unit Type 35% (WL) 50% (VL)
~ 1 Bed/1 Bth ~ $529' $756
3. The total number of manager units permitted for the subject Senior Citizens' Apartments
shall be subject to review and approval by the Executive Director of Community
Development.
4. The rental of all Senior Citizens' Apartment units for the project shall be subject to the
provisions set forth in Chapter 18.94, Section 18.94.39; relating to age and occupancy.
5. The term of affordability shall be fora minimum period of 30 years. If public financing is
secured and such financing requires a longer .affordability term, that term shall be
enforced.
6. The Anaheim Housing Authority shall be afforded a first right of refusa(in referring
eligible tenants to affordable units.
7. Developer agrees to comply with alf reporting requirements under the Affordable
Housing Development Program.
By signing and returning this Letter of Understanding, as the Developer, I concur and agree to
all of the terms and conditions set forth above and agree to execute an Affordable Agreement.
Dated: ~ 7 Q3 ~ 4=L,
Develop
Receipt Acknowledged;
By: d/ / ~i~ --
.Mark Asturias
Redevelopment Manager
Developer
Date: ) -/ 7-03
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Conditional Use Permit No. 2003-04665 Subject Property
Date: March 10, 2003
Scale: 1" = 200'
Requested By: KENNETH B. ISENHART Q.S. No. 13
TO PERMIT AND RETAIN AN ATTACHED SECOND UNIT IN CONJUNCTION WITH AN
EXISTING SINGLE-FAMILY RESIDENCE WITH WAIVER OF MINIMUM SIDE YARD SETBACK.
302 South Benwood Avenue
~i
ss4
.o
Staff Report to the
Planning Commission
March 10, 2003
Item No. 8
Sa. GEQA NEGATIVE DELCARATION (Motion)
Bb. '-WAIVER OF CODE'REQUIREMENT (Motion)
8c. ;CONDITIONAL USE PERMIT:NO. 2003'-04665 (Resolution)
SITE LOCATION AND DESCRIPTION:
(1) This rectangularly-shaped, 0.19-acre property is locatedat the southeast corner of
Academy Avenue and Benwood Drive with frontages of 65 feet on the east side of
Benwood Drive and 120'-feet an the south side of Academy Avenue {302 South Benwood
Drive).
REQUESTr
(2) The petitioner requests approval of a Conditional Use Permit under the authority of
California Government Code Section 65852.1` to permit and retain' an attached second unit
in conjunction: w(th an existing permitted single-family residence with waiver of the
following:
SECTION NOS. 18.26.063.030 Minimum side yard settiack.
(5'feet required; none existing or proposed)
BACKGROUND:
(3) This property is currently developed with asingle-family residence and an unpermitted
second unit and is zoned RS-720p;(Residential, Single-Family}. The Anaheim Generate
Plan Land Use ElementrMap designates this property for Low Density Residential land `
uses.
(4) Surrounding land uses are as follows:
~~' Dlrecttbn Lant~'Use , ~ Zcning 'j Gen~rat Pfan Desigrwatton„~:
Ail Single-Family Residences RS-7200 I Low Density Residential
PRIOR ZONING ACTIONS:
(5) There are no prior zoning actions pertaining to this property.
PROPOSAL:
(li) The petitioner requests approval to permit and retain a 484 square foot, attached second
unit in conjunction with an existing'single-family residence on a 8,276 square foot lot. This
request is a result of a Notice of Violation issued by the. Code Enforcement Division fodthe
unpermitted second unit.
(7) The site plan (Exhibit No. 1) indicates the second unit is attached to the primary structure
by an unpermitted covered breezeway and is located on'the north property line adjacent to
Academy Avenue and tiehind the primary residence. The unpermitted second unit has a
front setback: of 52 feet3o the west, a rear yard setback'of 44 to the east and no side yard
setback to the north along Academy Avenue.( Code requires a minimum front yard setback
of 20 feet, a rear yard setback of 10 to 25 feet and a minimum side yard setback of 5 feet.
Sr8570m
Page 1
i
Staff Report#o the
Planning Commission
March 10;2003
Item No. 8
ENVIRONMENTALIMPACTANALYSIS: `
(12) Staff has reviewed the proposal antl the Initial Study (a copy of which is available for review
in the Planning Department) and finds no significant ehvironmental impact and, therefore,
recommends'that aNegative Declaration be approved upon a finding by the Commission
that3he declaration reflects the independentjudgment of the lead agency; and that it has
considered the proposed Negative Declaration together: with any comments received during
the`public review process and further finding on the basis of the Initial Study and any j
comments received that there is no substantial evidence that the project will have a
significant effect on the environment.
GROWTH MANAGEMENT ELEMENT ANALYSIS:
(13) The Staff has reviewed the proposal to permitand retain a second Unit in conjunction with
an existing single family residence;'and the initial study (a copy of which is available for.
review in the Planning Department) and finds no significant adverse environmental impact
and. therefore, recommends that arlJegative Declarationbe approved upon a finding by the
Zoning Administrator that the Negative Declaration reflects the independentjudgment
independent judgment of the lead agency; and that it has considered the proposed
Negative Declaration together with'any comments received during the public'review
process and further finding on the'tiasis of the Initial Study and any comments received that
there is no substantial evidence that the project will have a significant effect on the
ernironment.
EVALUATION:
{14) Granny units are permitted in the RS-7200 Zone subjectto the approval of a conditional
use permit under authority of California Government Code Section 65852.1. The
referenced Code section further specifies that the granny unit must be intended for the: sole
occuoancv of one or two adults who are 62 years of age or older, and that the floor area for
an attached'second unit be limited to 30 percent of the floor area of the primary residence
and for detached dwellings limited o a maximum of 1,200 square feet. Plans indicate the
size of the unit is 484 square feet and is 42 percent of the floor area of the primary
residence.
(15) The requested waiver pertains to minimum side yard setback. Code requires a minimum
side yard settiack of 5 feet and plans indicate no setback existing and proposed for the`
second unit which was'constructed'on the property lineadjacent to AcademyAvenue. This
second unit was constructed without pennits'and there'are no constraints or hardships;
unique to the property tftat would prevent a`newly constructed unit from complying with
Code. Therefore, staff recommends denial of this waiver.
Page 3
Staff Re ort to the
p
Planning Commission
March 10; 2003
Item No. 8
• ' The floor area of this attached unftls 484 square feet and is 42 percent of the floor
areaof fhe primary residence. It should be noted that if the unpermitted
breezeway were n:moved this would be a detached second unit and would
comply with the floor aroa7lmitations provided by the State Code.
Requirements relating to height, setback, lot coverage, architectural review, site plan
review, fees, charges and other zanfng requirements: generally applicable to residential
construction in the zonerin which the propertys located.)
The unit does not meet City Codes relating to minimum side yard setback
requirements since the unft is located on the property line and provides no
setback.
Local building code requirements which apply to attached dwellings, as appropriate.
® The structure was constructetl wihout the benefit of plan check review or building
permits. Compliance with Building: Codes would be necessary priorto final
approval of a building permit. Since the unft was constructed without permits, the
ability to comply with building codeswould need to be demonstrated as part of an
on-sfte inspection by the Building Division, if the existing unit were allowed to
remain in the current location.
Approval by the local health officer where a private sewage disposal system is being used,
if required.
®' This residential'area, including the existing residence, is served by a public sewer
system. The second unit is also served by the'public sewersystem
(18) State Code has established maximum standards that local agencies shall use to evaluate
proposed second units on lots zoned for residential use which contain an existing single-
family dwelling. The State Code explicitly states that no addltional'standards btherthan
those outlined>by the State shall be utilized oriimposed. The State Code further states that
no other local ordinance, policy, or,regulation'shall be the basis force denial of a building
permit or a use permit authorized by State Code.
Page 5
__ - _~ _
Staff Report to the
Planning Commission
March 10, 2003
Item No. 6
(19)' The following are previous requests for second units that have been considered liy the
Planning Commission:
GASE~NQJ v ~
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CUP 20p2-04647 R&7200 456 sq:;ft, - Approved N/A
1643 WC Cerritos ! 1/13/03
CUP2002-04579 RS-7200 896'sq: ft. ':Denied 9/9/02 N/A
733 S. Euclid Sb'eet
CUP 2002-04528 RS-7200 796 sq. ft. Min. side and rear Denied Denied
1190 N Che Lane ardsetbacks 8/6/02
CUP 2001-04487 RS-7200 630 sq: ft. Min: side ahd rear Dented 1/14/01 N/A"
1134 NS Boden Ddve and setbacks
CUP 2001-04382 RS-7200(5C) 619 sq: ft. - Approved 6/01 N/A
121 N. Jerdlee Lane
CUP 2000-04259 RS-7200 708 sq. ft. - Approved N/A 5
1590 W; FII en We 11/OOI
CUP 3611 RS-5000 537 sq: ft Min. no. of parking Approved N/A s
217 Nr Emii Street s aces 6/93
CUP 3427 RS-5000 756 sq. ft. Max:'no. of Approved N/A
724 N. Topeka SUeet bedrooms and mih. 7/91
side` ab
CUP 3396 RS-7200 630 sq. ft. Approved N/A
628 S. Westchester 3/91
Drive
CUP 3256 RS-10,000 300 sq. ft. Min. side yanl Approved N/A :
547 N. Janss Street' 3/90
CUP 3196 RS-7200 840 sq. ft. Min. no. of parking Appmved N/A
3118 W Polk Avenue s aces 9/89
CUP 3184 RS-7200 630 sq,ft. - Approved WA
2549 Wi Eola Ddve ' 6/89
CUP 3175 RS-7200 630 sq. ft, Approved WA
1319NiCo Terrace 7/gg (_
CUP 3141 RS-5000 427 sq. ft. Min. rear yard Approved N/A
302E rass Street setback 5189
CUP 3130 RS-5000 360 sq: ft. Approved Approved `:
319 N: Olive Street 6/89
CUP 3177 RS-7200 631 sq; ft. - .Approved N/A
1403 Trenton Drive 1/gg
CUP 3078 RS-7200 634 sq,,ft. - Denied Dented
701 S. Lemon Street modular 11/88'
CUP 3073 >s RS-7200 640 sq. R Approved Approved
1194 W: Lomita Place 11/88';
CUP 3067 RS-A-43,000 536 sq: ft. Min. slde and rear Approved Approved
1515 E: Broadwa aid setbacks 11/88
CUP 3043 RS-7200 504 sq. ft. Min: side and rear Approved N/A
1223S. WalnutStreet yarrfsetbacks, min. 9/BB
no. and type of
arkin' s aces
CUP 3040 RS-7200 640 sq: ft. Min. no. and typebf Approved N/A -
913 S: Ira Court arkin s aces r' 8186
CUP 3027
` RS-10,000 440 sq. ft. Min: rear yard .Approved Approved
817 W. North Street'.
. setback 8/88
CUP 2968 RS-5000 630 sq. ft. Min: front yard and Approved N/A
703 S. Philadelphia min. floor 1/88
Street area/dwellin
CUP 3009 RS-7200 640 sq. ft. - Approved Approved
503 S: Vicki Lane 6188
Page 6
~. ~ _ _ _
Staff Report to the
:Planning Commission
:March 10, 2003
Item No. 8
CEiSI=r"KIO i
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CUP 2873 RS-7200 266.. sq. ft. ::Min. structural and :,Approved N/A
325'tJ. New Avenue and re uirements 1/87
CUP2875 (RS-7200 609 sq. ft. ..Min. structural .Denied 'Denied
514 N. Ze n Street setback 3/87
CUP 2863 RS-7200'. 628. sq. ft. Min. rear yard Approved Approved:.
830 N. Clementine setback and'max. 1187
Street rear and covers e
CUP:2778 RS-7200: 504 sq. ft. s Max. lot covarege, Approved N/A
911 N. Dlckel Street min. structural 4/86
setback ano'yard
Ire uiremehts.
CUP 2769 RS-A-43,000 631 sq. ft. - :Approved N/A
1881: W. Chateau 3/86
Avenue
CUPi2740 RS-5000' 450 sq. ft. MIn. no. of parking Approved N/A
606:5. Philadelphia spaces 11/85
Street
CUP 2654 RS-7200 464 sq. ft. Max. lot coverage Approved N/A
83TN. Dickel8treet 1/85
CUP 2558 RS-7200:. 608 sq. ft. Rear yard setback :Approved N/A a
2121 N on Place 5/84
CUP 2552 RS-7200 304 sq. ft. - 'Approved Approvedr
3430 W. Brad :Street i 6/84
CUP 2453 RS-7200'. 520 sq. ft. - Approved Approved
1232 W. Romneya 9183
Drive
CUP:2423 RS-72004. 707 sq, ft. Min. numherand Denied Denied
1317 S. Claremont type of parking :5/83
Street 's aces
(20) The Commission may wish to note that filing: of this request for a second unit is a result of
Code Enforcement action initiated in July 2000 based on Code violations for this property
including unpermitted commarciatautomotive repair. The Code Enforcement Division has
submitted the attached memorahdum, datetl March 5, 2003, regarding this property. '.Code
Enforcement Division staff inspections have confirrned the petitioner has corrected some of
the Code violations. Further, a letter prepared by theZoning Division dated November 15,
2002, (attached) and requested by Mrs. Isenhart details all zoning code violations on the
property including the unpermitted second unit. The following are existing. code violations:
®% Two unpermitted 288 square foot sheds.
®; An permitted enclosed patio converted to an unpermitted room addition.
An unpermitted enclosed spa/patio.::
. ' An unpermitted breezeway that attaches tha second unit to the primary structure.
®: A sliding chain Ilnk gate on the north?properlyiine adjacent to Academy Avenue.
(21) Currently, the two unpermitted 288 square foot, metal sheds on the property exceed size
restrictions`for buildings that do not requirepermits; therefore, permits are required to be
'obtained for these structures. However, tfiepetitioner'mayhsve difficulty complying with
the Code-required parking if these unpermitted sheds are retained. Therefore, removal of
one of the sheds would bring the: rear yard lot coverage into compliance with the Code and
provide area far the required parking. Staff has included a condition of approval requiring
Ghat the lot coverage, be reduced to 35 percent of the rear yard and 40 percent overall to
comply witfi Code.
Page. Z
Staff Report to the
Planning Commission
March 10,2003
Item No. 8
FINDINGS:
(26) When practical difficulties or unnecessary hardships result from strict enforcement of the
Zoning Code,tia modification may lie granted'for the purpose of assuring that no property,
because of special circumstances applicable to it, shall be deprived of privileges commonly
enjoyed by other properties in the same vicinity and zone. The sole purpose of any code
waiver is to prevent discriminationand none shall be approved which would have tha eftect
of granting a special privilege not shared by other similar properties. Therefore, before' any
'code waiver: is granted by the Commission, if shall be shown:
(a) ; That there are special circumstances applicable to the property such as size shape,
topography, location or surroundings„which do not apply to other Identically zoned
properties in the vicinity; and
(b); That strict application of the Zoning Code deprives the property of privileges enjoyed
by other properties under identical zoning classification in the vicinity.;:
(27) Before the Commission'grants any conditional use permit, It must make a finding of fact
that the evidence presented shows that ail of the following conditions exist:
(a) , That the proposed use is properly one for which a conditional use permit is
authorized by the Zoning Code, or that said usels not listed therein as being a :
permitted use;
(b) That the proposed use will not adversely affect the adjoining land uses and the
growth and development of the area in which if is proposed to be located;
(c) ; That the size and shape of the site for'the proposed use is adequate to allow the full
development of the proposed use in a manner not detrimerttal to theparticulararea
nor to he peace health, safety, and general welfare;
(d) That the traffic generated by the proposed use will not impose an undue burden:
upon the streets,and highways designed and improved to carry the traffic in thee:
area; and
(ep That the granting,of the conditional use permit under the conditions imposed, if any,
will not be detrimental to the peace, health, safety and general welfare of the
citizens of the City of Anaheim.
RECOMMENDATION:
'(28) Staff recommends that unless additional or contrary information is received during the.
meeting, and based upon the evidence submitted to the Planning Commission, including
the evidencepresented in this staff report, and oral and written evidence presented afthe
public hearing that the Planning Commission take the following actions:
(a) By motion, aoorove a CEQP, Negative Declaration.
(b) By motion, deny the waiver pertaining to minimum side yard setback because there is
no justification for granting the waiver based on the characteristics: of the property nor
have`there been similar waivers granted in the. vicinity. Moreover, the hardship is self-
created due to the construction of the second unit without permits.
Page 9
- - - - --- -
~ !
StaffReport to the
Planning Commission
March 10,2003
Item No. 8
(c) By resolution, deny Conditional Use Permit No. 2003-04665 (to permif and retain: an
existing second unit in conjunction with an existing single-family residence) based on
the following:
(i) .That the existing second unit, as sited on the property, is not properly one
for which a conditional use permit is authorized by the Zoning Code and
under California Code Section 65852.1, since it does not meeE the
`minimum standards of the State Code pertaining to size or the Zoning
(Code pertaining to,setbacks.
(ii) That the size and shape of the property on which the second unit is built is
adequateto allow the full development of a second'unit without the need'
for waivers and in a manner not detrimental to the particular area nor to
the peace, health, safety, and general welfare.
THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING
AS AN INTERDEPARTMENTAL COMMITTEEAND ARE RECOMMENDED FOR ADOPTION BY
THE PLANNING COMMISSION IN-THE EVENT THATTHIS PERMIT IS APPROVED.
1. That with ninety (90) days from the date of this resolution, plans shall be submitted to the Zoning
and Building Divisions: showing a 5-foot wide side yard setback adjacent to Academy Avenue. ?
:Said plans shall also demonstrate compliance with maximum floor area requirements of the
State Code. by reducing the size'of the unit to 30 percent of the primary residence or detaching
the unit from the primary residence, Said modification shall be completed within ninety (90) days
of the issuance of a building permit.
2. That the legal owner of subject property shall restrict the occupancy of the second unit to one (1)
or two (2) adults, both of whom are sixty (62) years of age or older, and sfiall specify;that no
rental fee shall be charged for occupancy of the second unit and, furthermore, shallrecord an
unsubordinated covenant against the property so-restricting the occupancy: of said unit. Said
covenant shall be submitted to the Zoning pivislon for transmittal to the City Attorney's office for
review and approval prior to recordation. A copy of the recorded covenant shall be submitted to
the Zoning Division. Said modification shall be completed within: (10) days of the issuance of a
building permit.
3. That the legal owner of the subject property. shall occupy either the primary single-family
residence or the second unit. The second unit shall be accessory to the primary residence on
the lot. An unsubordinated covenant against the property so-restricting the occupancy of said
unit shall be recorded.! Said covenant maybe incorporated into the above-referenced (Condition
No. 2) covenant and shall be submitted to the Zoning bivision for transmittal to the City
Attorney's office for review and approval prior to recordation. A'copy of the recorded covenant
shall be submitted to the Zoningbivision.
4, That within a period of one (1) year from the date of this resolution, and annually on the
anniversarydate thereafter, the legal ownerof subjectproperty shall submit a signed'affidavit
that the property owner and any occupant of the second unit are'jn compliance with ail
conditions of this conditional use'pennit, including those concerning occupancy. Ttieaffidavit
shall be submitted to the Zoning. Division of the Planning Department.
5. That the existing chain`link gate shall be removed and maybe replaced with aCode-conforming
gate. Appropriate building permits shall bebbtained for installation of the new gate.
Page 10
- --- - - - -
Staff Report o the
Planning Commission
March 10, 2003
Item No. 8
6. That the existing structures shall comply with the minimum standards of the City of Anaheim;:
including the Uniform Building, Plumbing, Electrical; Mechanical and Fire Codes as adopted by
c the City of Anaheim. Said information shall be specifically shown on plans submitted for Zoning
and Building Division approval.
7. That one (1) of the existing metal sheds`on the property shall be removed in order to comply with
the lot coverage requirements: of Chapters 18.04: (Site Development Standards -General) and
18.26 (Residential, Single-Family) of Title 18 (Zoriing) of the Anaheim Municipal Code.
8. That a minimum of 2 garage spaces and 3 uncovered spaces shall be provided on-site for the
primary residence'and second unit. Said spaces'shali be approved by the Zoning Division'and
City Traffic and Transportation Manager and shall in compliance with Chapter 18.06 (Vehicle.
Parking' and Loading Requirements) and so specified on plans submitted for building permits.
9. That subject property shall be' developed substantially in accordance with plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are on file with
the Planning Department marked Exhibit Nos. 1,2'and 3 and as conditioned herein.
10. That within a period of ninety (90) days from the date of this resolution, or prior to final building
' and zoning inspections, Condition Nos.i1, 2, 3, 5; 6, 7, 8 and 9, above-mentioned, shall be
complied with. Extensions for further time to complete said conditions may be granted in
accordance with Section 18.03.090 of the Anaheim Munlcipal'Code.
11: That approval of this application constitutes approval of the proposed request only. to the extent
that it complies with the Anaheim Municipal Zoning. Code ano'any other applicable City, State
and Federal regulations. Approval does hot include any action or findings as to compliance or
approval of the request regarding any other applicable ordinance, regulation or requirement..'.
Page 11
ATTACHMENT - ITEI9'N0.
PETITIONER'S STATEMENT OF
JUSTIFICATION FOR VARIANCE/CODE WAIVER
(NOT REQUIl2ED FOR PARKING WAVER)
$ SECTIONN 4 '
REQUEST FOR WAIVER OF CODE SECTION: ~ Y. ~~' . C C 3 , daQ
; ; j ; (A separate statement is required for each Code :fiver)
PERTAINING TO:
Sections 18.03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver maybe
granted by the Zoning Administrator or Planning Commission, the following shall be shown:
That there aze special circumstances applicable to the property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical zoning classification in the vicinity; and
2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges
enjoyed by other property under identical zoning classification in the vicinity.
<n order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to
arrive at a decision, please answer each of the following questions regazding the property for which a variance is sought, fully
and as completely as possible. If you need additional space, you may attach additional pages.
1. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or
surroundings? X Yes _ No.
2.
3.
the special circumstances•
n .n ....'1. L~.r'lni-rwa~/ 1M i ?L N rc~0 w ~...1~ A ~.-n_v ~ ,. ~ .. -i--
4.
The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be
approved which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone
which is not otherwise express] authorized by zone regulations governing subject property. Use variances are not permitted.
U..-~.~ o _ 12 0
Signature of Property Owner or A Ihorized Agent Date
DECEMBER 12, 2000
CONDITIONAL USE PERMTTNARIANCE NO.
..~,., e... nnn~ n t. ~ t, ~
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? 7.. Yes _ No
Do the special circumstances applicable to the property deprive i[ of privileges currently enjoyed by neighboring
properties located within the same zone? Yes No
Were the s ecial circumstances created by causes beyond the control of the property owner (or previous property
owners)? ~Xes _ No
ATTACHMENT - ITEM tJO. 8
iVIEMORANDUM
CITY OF ANAHEIM
Code Enforcement Division
DATE: ` MARCH 5, 2003
TO: ~ ~`~VANESSANORWOOD,PLANNER.
FROM: Iw~'- MAX WILSON, CODE ENFORCEMENT OFFICER
SUBJECT: KENNETH AND KAREN ISENHART-302 S. BENWOOD DRIVE
Review of Code Enforcement records indicate ongoing citizen complaints concerning a possible
auto mechanic business and a lazge vehicle hoist in public view in the reaz yazd dating back to at
least 2000.
On August 2, 2002, I met the owner, Mr. Tsenhart at the property and inspected the property and
observed numerous Anaheim Municipal Code violations:
AMC 18.04.090.020 - .Building permits required =Several added rooms or structures
including three lazge metal sheds, 10' x 24', 10' x 24', and 9' x 12'; a commercial type auto
hoist was erected in the reaz yard; an unpemutted granny unit; a fully enclosed
structure/gazage erected between the unpermitted granny unit and original permitted detached
gazage; a "spa" room with skylights; a breezeway between the original residence and the
unpermitted granny unit; a shed attached to the north side of the permitted original gazage;
and a previously pemvtted aluminum patio cover with screen and acrylic enclosure being
used as a habitable living area.
AMC 6.44.010.100.1002 -Improper Occupancy -Improper use of the enclosed patio for
living purposes (couch bedding, stereo/CD equipment; heating supplied to area by forced air
from primary residence); also allowing persons to live in an unpermitted attached granny
unit `
AMC 18.02.040 -Land Use Regulation, General -Altering or erecting buildings without
permits and Planning and Zoning approval. The fence in the side yazd was in the public right-
of-way. '
AMC 15.02.000.030 Adopting Uniform Housing Code sections 1001.1 General, 1001.2.13 -
Improper Maintenance, and 1001.5 Hazazdous Electrical Wiring Numerous electrical
extension cords hanging in the garage azeas supplying power to the various lights and power
tools and unpermitted electrical in the structures noted in structures above.
6.44..010.050.0504 -Improper Storage. Garbage cans visible from a public street.
6.44.010.050.0502 -Improper Storage. Inoperative, abandoned, wrecked or dismantled
vehicles in public view for more than ten days.
6.44.010.070.0707 -Improper Maintenance/18.04.060.070. The front lawn required seeding
and ongoing maintenance.
6.44.010.030 -Refuse and Waste. Auto parts and general debris in reaz yazd.
18.04.043.101 -FENCES, WALLS & HEDGES IN FRONT YARD. The fence in the front
yazd was in excess of 36" and in the public right-of--way.
6.44.010.070.0711 -Unsightly fence at rear alley azea.
CONDITIONAL USE PERMIT
N o ~ fm~ 'O~! la X05
ISENAART- 302 S. BENWOOD DRIVE
PAGE 2 OF 2
On 08-26-02, a Notice of Violation and Order to Comply letter was sent to the Isenhart's
outlining what was required to bring the property into compliance. A Final Notice and Order to
Comply letter was sent on 10-21-02, as the property was not in compliance.
On 12-09-02, an attomey conference was held with Deputy City Attorney, Terese Oliver, Judy
Dadant of Planning and Zoning,. Senior Code Enforcement Officer Linda C: Eaves, the Isesharts
and their attorney, Douglas Plazak, and myself.
Subsequent to the attomey conference the Isenharts have abated all of the violations, except for
the vazious zoning and building permit items relating to the two large sheds in the reaz yazd
setback; improper occupancy of the aluminum patio; the necessary application and approval for a
Conditional Use Permit to retain the unpernutted granny unit; the breezeway; the "spa" room for
which the current zoning item (C.U.P: #2003-04665) is being considered.
If there aze questions or desire additional information, please feel free to contact Senior Code
Enforcement Officer Linda C. Eaves, at extension 4472, or me at extension 4480.
Thank you
M00g6mw.doc
ATTACHMENT-ITEM - N0'. 8'
CITY OF ANAHEIM, CALIFORNIA
Planning Department
November 15, 200?
Karen Iset4iart
302 S. Bemvood Drive
Anaheim, CA 92804
Re: 302 South Bemvood Drive.
LTR2002-00060
Dear Mrs. Isenhart:
Per your request, staff has received submitted plans of structures and uses on the above-
referenced property for zoning code compliance. The following zoning code violations have
been identified.' In order to provide as much information as possible for you to make an
informed decision on you property, staff has lisied potential options for resolution of the code
violations. Please review the list of zoning violations and potential solution alternatives below:
Zonine Code Violation
1. Two 12'X24' unpermitted metal storage
sheds.
20D South Anal
P.O. Box 3222, Anaheim, California 9280;
Solution Alternatives
A. Remove 12'X24' metal .storage shed
located closest to the house, AND
B. Obtain Planning approval and a building
permit from the Building Division for
the 12'X24' metal storage shed abutting
the rear property line, OR
C. Obtain Planning approval and building
permits for both 12'X24' metal storage
sheds. The sheds must comply with the
following:
• .Permitted maximum lot coverage is
40%
® Permitted maximum rear yard
coverage is 35%
® Required minimum side yard setback
is 5 feet; storage shed closest to the
house is located within the required
side yard
® Required rear yard setback is 2~ feet,
buf may be reduced to 10 feet
,eim Boulevard
I (714)i85.513~~iv~,'y,~paheicp,~~ PER~9`r
_ :VO ~~VVII~~'~~. GUT ~O~
I
Zoning Code Violation
2. One 9'X8' metal storage shed
3. The unpennitted room labeled "Enclosed
Patio" containing the spa and located
adjacent to the permitted patio enclosure
labeled "Family"
Solution Alternatives
provided equal usable open living:
space is provided eisewhere.on_ahe
lot
• Accessory stntcture area may not
exceed the .area of the main dt~~elling,
OR
D. Apply for a Variance to waive any
development standards required by the
zoning code.
A. Relocate 9'X8' metal storage shed
outside the required 5-foot side yazd
setback area. Please be advised of the
following:
• Permitted maximum lot coverage is
40%
• Required minimum side yard setback
is 5 feet; storage shed is located
within the required side yazd.
• Required rear yard setback is 25 feet,
but may be reduced to 10 feet
provided equal usable open living.
space is provided elsewhere on the
lot
• Total accessory stntcture area may
not exceed the area of the main
dwelling, OR
B. Apply for a Variance to waive any
development standards requiredbythe
zoning code.
A. Remove the :mpern:itted room labeled
"Enclosed Patio", OR
B. Obtain Planning approval and a building
permit from the Building Division.
Please be advised that the permitted
maximum lot coverage is 40% and, as
indicated by the Building Division,
Enclosed patios shall be used only for
recreational, outdoor living purposes,
and not as a carport, garage, storage
room or habitable room. Please contact
2
it
Zonine Code Violations
4. Car hoist (commercial equipment)
5. The unpermitted enclosed storage area
labeled "Covered Parking Space"
located at the northeast comer of the
property
6. The Zrnpennitted 21'X21' room labeled
"Workshop" located between the
permitted gazage and the unpermitted
room labeled "Recreation"
Solution Alternatives
the Building Division for further detailed
information regarding enclosed patios
A. Remove car hoist. This commercial
equipment is inconsistent with the
character of a residential neiehborhood.
Also, a commercial car hoist is not
permitted as an accessory structure in a
residential zone (RS-7,200)
A. Remove unperynitted enclosed storage
azea labeled "Covered Pazking Space"
OR,
B. Obtain Planning approval and a building
permit for a storage shed attached to the
existing permitted garage, OR
C. If this area is a proposed parking space,
approval from the City's Traffic
Engineer must be obtained in addition to
Planning approval and a building permit.
Please be advised that the proposed
parking space is substandazd.
A. Remove the unpermitted room labeled
"Workshop". An automotive repair
workshop is a commercial land use not
permitted in a residential zone, OR
B. Relocate "Workshop" outside the
required 5-foot side yard setback area.
Please be advised of the following:
• An automotive repair workshop is a
commercial land use and is not
permitted in a residential zone
® Permitted maximum lot coverage is
40%
® Required minimum side yazd setback
is 5 feet; "Workshop" is located
within the required side yard
® Accessory s[ntctttre area may not
exceed the area of the main dwelling,
OR
3
Zoning Code Violation
7. The unpermitted 23'X23' dwelling unit
labeled "Recreation"
8. The unpermitted enclosed area labeled
"Breezeway" located between main
dwelling and the unpermitted dwelling
unit labeled "Recreation" `
9. The unpermitted chain link fence located
in front of the property along Bemvood
Drive and Academy Avenue
Solution Alternatives
C. Apply for a Variance to waive any of the
code required development standards.
A. Remove zmpermitted dwelling unit
labeled "Recreation". The property is
zoned for one single-family dwelling
unit per lot. Also, the tincture is located
within the required 5-foot side yard
setback area. OR
B. Apply for a Conditional Use Permit to
permit a granny unit. Please contact the
Planning Department for fizrther
information regarding granny units and
the requirements pertaining to site
development standards, age of
occupants, and deed restrictions.
A. Remove the unpermitted enclosed area
labeled "Breezeway", OR
B. Apply for a Varaince. The unpermitted
"Breezeway" connects the main
dwelling to"a detached accessory
stnicture located within the required 5-
footside yard setback area. )n addition,
the detached accessory stnzchu8
connected to the "Breezeway" and
labeled "Recreation" is an unpermitted -
structure. Please refer to number 7 of
the Zoning Violation list for a potential
sohition alternative for the zmpermitted
stntcture labeled "Recreation".
A. Remove the chain link fence. The fence
is located within the public right-of--way.
B. Anew fence maybe erected within the
front yard of the property and outside of
the public right-of--way. Please be
advised of the following code
requirements:
® There is a required minimum 25-foot
front yard setback
4
Zonine Code Violation
10. The:rnpermitted chain link gate located
on the north property line along
Academy Avenue and adjacent to the
unpermitted "Workshop"
11. Room labeled "Family" located adjacent
to the tmpermittecf "Enclosed Patio"
Solution Alternatives
® Fences, walls, and hedges located iri
the required front yard setback area
cannot exceed a maximum height"of""'
3 feet:
® Chain link fencing visible from the
publicright-of--way is prohibited in a
residential zone.
A. Remove the chain link gate located on
the north property line along Academy.
Chain link fencing visible from the
publicright-of-~vay is prohibited in a
residential zone.
B. Anew fence maybe erected within the
required 5-foot side yard setback of the
property. Please be advised of the
following code requirements:
• Fences, walls, and hedges located in
the required side yard and reaz yazd
setback area cannot exceed a ,
maximum height of 6 feet
® Chain link fencing visible from the
publicright-of--way is prohibited in a
residential zone.
A. Restore the room labeled "Family" back
to the originally approved enclosed
patio. As indicated by the Building
Division, enclosed patios shall be used
only for recreational, outdoor living
purposes, and not as a carport, garage,
storage room or habitable room. Please
contact the Building Division for further
detailed information regarding enclosed
patios. All subsequent :~npermitted
improvements should also be removed
(i.e. electrical, struchiral, mechanical).
OR
C. Obtain Planning approval and building
permits for the conversion of the
originally approved enclosed patio into a
family room.
5
Before any Variance can be granted'for items listed above, the Planning Commission or Zoning
Administrator must make hvo specific findings relating to special circumstances that apply to the
property. Based on this review of the site plan staff would have difficulty finding justification
for these waivers. Several options for the code violations have been identified for the multiple
structures on this property; an evaluation of the complete project would need to be conducted
again when the final plan is proposed to evaluate cumulative impacts of the stnuctures to be
retained.
Please be advised that the comments listed above are based on the plans submitted to the
Planning Department and that the Code Enforcement Division may have additional concerns
regarding the subject property located at 302 Bemvood Drive.
Please refer to the enclosed copies and handouts for information regarding cunent development
standards for the subject property. Also, the City's official web-site is available for zoning code
information and standards- wti~tiv.anaheim.net -prompt "City Clerk" to "Anaheim Municipal
Code" to "Title 1 S Zoning" for a listing of all zoning code chapters and prompt your selection.
Should you have any questions regarding the above information; please call me at (714) 765-
5139, extension 5325.
`_ Sincerely, ~
i-
`; ~ 1
~~l ~~w _._ ...C,
Noemi Alvarado
Planning Aide
CC: Linda Eaves, Senior Code Enforcement Officer, Max Nilson, Code Enforcement Officer
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Conditional Use Permit No. 2003-04663 ~: ~ Subject Property
Dater March 10, 2003
Scale: 1° = 200'
Requested By: ALBERT M. JACKSON Q.S. No. 53
TO ESTABLISH CONFORMITY WITH C URRENT ZONING CODE LAND USE REQUIREMENTS
FOR AN EXISTING NON-CONFORMING COMMERCIAL RETAIL CENTER AND TO ESTABLISH
A CHURCH WITH WAIVER OF MINIMU M NUMBER OF PARKING SPACES.
300 North Wilshire Avenue sse
Staff Report to the
Plahning Commission
March 10, 2003
Item No. 9
9a. CEQA NEGATIVEbECLARATION (Motion)
9b. ' WAIVER OF CODE REQUIREMENT {Motion)
9c. `CONDITIONAL USE PERMIT N0.2003-04663 (Resolution) ;
SITE LOCATION AND DESCRIPTION:
(1) This irregularly-shaped 0.43-acre property has a frontage bf 170 feeton the north aide of
Wilshire Avenue and a maximum depth of 139: feet and is located 660 feet southeast of the
centerline of Loara Street (300 North' Wilshire Avenue).
REQUEST:':
(2) The petitioner requests approval of a Conditional Use Permit under authority ofCode Sections
18.44.050.130 and 18.44:050.135 to establish land use conformity with current Zoning Code
land use requirements foran existing non-conforming commercial center and to establish`a
church within ah existing office building with waiver of the following:
SECTIONS 18.06.050.0266 Minimum numtier of parking spaces'.
AND`18.44:066:050 (35'spaces required; 24!proposed and
recommended'bythe City: Traffic and
Transportation`. Manager):
BACKGROUND:
(3) This property is developed as a commercial office complex and is zoned CL (Commercial,
Limited). The Anaheim General Plan Land Use: Element Map designates the site for
Commercial Professionef land uses.':'
(4) Surrounding land uses areas follows:
Direcfioa ~ t Gen~rat Rl~n
1;~ndUse ~„ . ,Zoning s., )3esfgnzafiop
North Single Family Residential RS-10,000 Low. Density :
Residential
East Office Complex CL" Commercial
Professional
South (across Freeway (I-5) ,` NIA: Freeway
Wilshire Avenue)
West Office Complex: CG' Commercial
Professional
PROPOSAL:
(5) Because the office complex located on this site is within the CL Zone and could be converted
into'a'commercial retallbenter in he future, tte petitioner s requesting approval of a
conditional use permit in bider to establish conformity with current Zoning Code land use,
requirements for a commercial reteif center, and to establish a 1,178 square foot church
within an existing office building.
Sr8569jr.doc
Page 1
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Unit 1A Trinity Chinese ~ 513 4 2.1
Mennonite
` Church
Office/Store e
Unit 16 Trinity Chinese 645 29 18.7
Mennonite
Church
Sanctus
Unit 4 Vacant (Previous 322 6 L9
'Medical Use
Unit 5 VIP Mailin 279 4 1.1
Unit 6 Michael 269 6 1.6
Daskalakis`M.D.
Unit 7 Hacienda Auto 409 4 1.6
Page 2
Staff Report to the
Planning Commission
March 10, 2003
Item No. 9
s Sales
Unit 8 sisal Techs > 409 4 1.8
Unit 9 r' Omar Enrique 452 4 f:8'
Tinajello Real
:Estate Investments i
Unit 10 Jesse Campos & 414 5.5 ' 2.3
Salvador Mejia
Income Tax
Pre aration
Unit 11 Bruoe' Lester 292 4 < 1.2
Donaldson
Unit 12 ' Rasu RFtameneh : 287 4 - 1:1-
TOTALS' ':4291 35
(t3) The partial floor'plan (Exhibit No. 2) indicates the church would occupy two (2) tenant spaces
by combining Unit Nos. 3 and 4 to create the proposed assembly area (New Unit No. 1 B); and
Unit No. 2 would be converted to new Unit 1A, o be utilized for the pastor's office and
miscellaneous storage. A stage, partition wall, and 40 seats are proposed within the
sanctuary/assembly area.'No fixtures or furniture are indicated within the proposed
office/storage area. Common restrooms are provided in one of the buildings within the office
complex.
(9) The landscape plan (Exhibit No. 3) indicates five (5) existing planter areas along the south
(street frontage) property line containing nine (9) shrubs/trees, and two proposed planter
areas (5' x 18')'containing wo (2)15-gallon Dwarf Strawberry trees located within the parking
area. The landscape plan also indicates the expansion of`an existing 10-foot wide grass' area
to 15 feet in width along the north boundary of the parking: area. The expanded planter area,
visible from the Wilshire Avenue, contains four (4) existing trees. No additions( trees are:'.
proposed for this landscaped setback area. The landscape plan also indicates clinging vines
to beplanted on the proposed trash enclosure.' Code requires a minimum 15-foot wide
landscaped setback between residential zone boundaries and institutional uses. Code also
requires a minimum 5-foot wide landscaped setback along Wilshire Avenue, with a minimum
of one tree for every 20 feet of frontage (170 feet /20 = 9 Vees), and landscape: planters with
trees'separating every 10`parking spaces.
(10) Photographs indicate the existing elevations consist of beige concrete stucco buildings with
glass windows green doors and trim, and a parapet along the east side of the building. The
photographs further indicate roof-mounted equipment and chain link fencing with barbed wire
at the north end' of the parking lot. No exterior modifications to any of the buildings are
proposed.
(11) The petitioner submitted plans fora 4' x 6' monument sign mounted,on 2-foot high wooden
posts, located within an existing planter area west of the parking lot entrance. The sign. would
indicate the name of the church and'the hours of Sunday service. F~cisting signage consists
of two unpermitted wall signs located on the east elevation of the building facing the parking
lot and one real estate sign located within an existing planter area. Code permits a 10-foot
wide',by 8-foot high, 65 square foot double-faced monument sign antl wall signage not to
exceed 10 percent of each building elevation. Code further requires he monument sign base
be solid with a minimum base height of 18 inches, and sign materials and finish
complementing the on-site buildings and structures.
Page 3
Staff Report to the
Planning Commission
March 10, 2003<
Item No. 9
ENVIRONMENTAL IMPACT ANALYSIS:
(12) ' Staff has reviewed the proposal to establish land use conformity and permit a church [n a
commercial office complex and the Initial Study (a copy of which is available for review in the
Planning', Department) and finds no significant environmental impact and, therefore,
recommends that a'Negative Declaratioh be approved upon a finding by the Planning
Commission that the Negative Declaration reflects the independentjudgment oftce lead
agency; and that it has considered the proposed Negative Declaration together with any
comments received during the public review process and further finding'on the basis of the
> Initial Study and any comments received'that there: is no substantial evidence that the project
will have a significant effectron the environment.
'GROWTH MANAGEMENT ELEMENT ANALYSIS:
(13) ,The proposed project has been reviewed by affected City departments to determine whether it
conforms to the City's Growth Management Element adopted; by the City Council'on March
17, 1992.' Based on City staff review of the proposed project, it has been determined thatthis
project does not fit within the scope necessary to require a Growth Management Element
analysis,Yherefore,'ho analysis has been performed.
EVALUATION:`
(14) 'The existing commercial center was constructed prior to the Code provision requiring a
'conditional use permit for said'uses and therefore, is a nonconforming land use.'Code
provides that'livhile'a nonconforming use exists on;any lot, no'other usa' hall be permitted,
'!even though such other use would be a conforming'use." The petitioneris requesting to
'establish conformity',with existing Zoning;Code land use requirements for the commercial
center as'a concurrent action with the request for a conditional use permit for the
establishment of the church.
(15) ;The requested waiver pertains: to minimum number of parking'spaces. Code requires a
minimum of 35 parking spaces for this proposed church and other uses`on the property as
described'in paragraph no. (7)`of this report and 24'spaces are proposed. The petitioner has
`submitted.: a parking: analysisprepared by'the church, dated January 10,..2003, to substantiate
the requested parking waiver. The City Traffic and Transportation Manager has reviewed tfie
parking analysis and has determined that a proposed parking is sufficient for the church and
'existing office uses.'
(16) 'The parking analysis also indicates the following findings to justify the requested parking
'waiver.
(a) "That the variance, under the conditions imposed, if any, will not cause fewer off-street
parking spaces to be provided fofsuch use than the number of such spaces
necessary to'accommodate all vehicles attributable to such use under the'normal and 1
reasonable foreseeable condiflons of operation of such-use:
Based on the parking surveys conducted at the site, the parking demand of the
proposed project, and the calculated parking"surplus of the adjacent uses, a sufficient
parking supply will be provided within existing on-site parking.
'` Page 4
Staff Report o the
Planning Commission
March 10,2003
Item No. 9
(b) That the'variance, under the conditions-imposed, if any, will not increase the demand
ar competition for: parking spaces upon the public streets in the immediate vicinity of
the proposed use:
' The availability of parking orf the subject property will not produce a need for parking
spaces upon public streets in the immediate area.:
(c) :; That the variance,:under the conditons `imposed, if any, will not increase the demand
or competition forparking spaces upon: adjacent private property in the immediate
vicinity of the proposed use:
The increased parking demand of the proposed church would be accommodated
within the existing'surface parking lot located on the subjecti properly.
(d) That the variance, under the oonditions imposed, if any, will not increase traffic
congestion, withtdthe off-street parking: areas or lots provided for suchuse:
= The project's projected parking demand. will not increase traffic congestion, noise, air
pollution, or traffic circulation conflicts ih or adjacent to the subject property.
(e) That the'varianca; under the conditions imposed, if any, will not impede: vehicular'
ingress: to or egress fromadjacent properties upon the public streets in he immediate
vicinity of the proposed use:
The project's projected parking demand will not increase traffic congestion, noise, air
pollution, or traffic circulation conflicts oh the sutiject property."
(17) The Code Enforcement Division indicates that ho violations are currently pending for this
property, and site inspections and photographs indicate the property is generally being
maintained with some minor property maintenance/landscape issues pertaining to
refurbishment of existing landscaping, screening orroof-mounted equipment and removal of
unpermitted barbed wire fencing. Staff has included cehditions of approval to address these
issues.
(18) This] property is located in an area zoned for commercial land uses„with the site developed
and: used by professional and medical offices. Because of the proximity of residential`uses to
the north, staff has included a condition of approval prohibiting any outdoor activities
conducted by the churchas well as any private school or daycere facilities. Because the:
complex is developed with office-type uses and is contiguous to other office development,
staff feels that the proposed church,,as conditioned herein, would be compatible with
surrounding uses. Therefore, in conjunction with the establishmentof conformity with zoning
code land use requiremehts for the' commercial center, staff recommends approval of the
church at this ovation.
FINDINGS:
(19) Section 18.06.080 of theparking ordinance sets forth the following findings, which are
required to ba made before a parking waiver is approved by the Commisslorr:+
(a) That tha waiver, under the conditions imposed, ff any, will notcause fewer off-street
parking spaces to be provided for such use than the numberbf such §paces necessary
to accommodate all vehiGes attributable to such use under the normaland reasonably
foreseeable conditions of operation of such use; and
Page 5
I
Staff Report to the
Planning Commission
March 10, 2003
Item No. 9
(b) That the waiver, under'the conditions imposed, if any, will not increase the demand and
competition for parking spaces upon the public streets. fn the immediate vicinity" of the
proposed use; and
(c) That the waiver, under the conditions imposed, if any, will not increase the demand and
competition for parking'spaces upon adjacent private properly in the immediate vicinity
of the proposed use;: and
(d) That the waiver, under the conditions imposed, if any, will not Increase traffic congestion
within the offatreet parking areasor lots provided for such use; and
(e) That the waiver, under the conditions imposed, if any, will not impede vehicular ingress
to or egress from adjacent properties upon the publicstreets in tha immediate vicinity'of
the: proposed'use.
Unless conditions to the'contrary are expressly imposed upon the'granting of any
waiver pursuant to this Section by the Planning Commission or City CounciR the
granting of any such waiver shalt be deemeti'contingent upon operation of such use in
cohformance with the assumptions relating to the operation and intensity of a use as
contained in the parking;demand study that formed the basis for approval of said
waiver. Exceeding, violating, intensifying or otherwise deviating from any of said
assumptions as contained in the parking demand study shall be deemed a violation of
the express conditions imposed upon said waiver which+shall subject said waiver to
termination or modification pursuant to the provisions of Sections'18.03.091''and
18.03.092 of this Code.
(20) Before the Commission grants;any conditional use permit, it must make a finding of fact that
the evidence presented shows that all of the following conditions exist:
(a) That the proposed use is properly one for which a conditional use permit is authorized
by the Zoning, Code, orthat said use is not listed therein`as being a permitted: use;
i (b) That the proposed use will not adversely affect the adjoining land uses and the growth
and development of the area in which it is proposed to be located;
(c) That the size and shape of the site for the proposed use'is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area nor.'
to the peace, health, safety, and general welfare;
(d) That the traffic'generated by the proposed use will not impose an undue burden upon
the streets and highways'designed'and Improved to carry the traffic in the area; and
(e) That the granting of the conditional use permit under the conditions imposed,' if any, will
not be detrimental to the'peace, health, safetyand geheral welfare of the citizens of the:'.
City bf Anaheim.
Page 6 `
1
Staff Report to the
Planning Commission
March 10 2003
Item No. 9
REGOMMENDATIONi
(21) StaffFecommehds that, unless additional or contrary information is received dining the
hearing, and based upon: the evidence submitted to the Commission, including'the evidence
presented in this staff report, and oral and written evidence presented at the public hearing,
the Commission take the following actions:
(a) ; By motion, aoorove a CEQA Negative Declaration.
(b) By motion, aoorove the waiver pertaining to minimum number of parking paces based
on the findings contained within the parking study submitted by the petitioner as
described. in paragraph nos. 15 and 16, of this report and that-the City Traffic and
Transportation Manager upon: review of said parking study has determined that there is
an adequate supplybf parking: spaces for the church and other uses on the property,
and based on the following:
(i) That the waiver, under the conditions imposed, and based upon the conclusions
contained in the submitted parking; 8emand study, wouldnot cause fewer off-street
parking spaces to be provided for the church and other on-site businesses
provided the bhurch adheres to the hours of operation as conditioned herein.
(ii) That the waiver, under the conditions imposed; would not increase the demand
and competitioh for parking spaces upon the public streets and adjacent private
property in the. immediate vicinity of he proposed use.
(iii) That the waiver, under the conditions imposed; would not increase traffic
congestion within the off-street parking areas or lots provided for such use.
(iv) That: the waiver, under the conditions imposed; would not impede vehicular ingress
to or egress from adjacent properties, upon the public streets in the immediate
vicinity of the proposed use.
(c) By resolution, aoorove this request for Conditional Use Permif No. 2003-04663 (to
establish conformity;with current zoning code land'use requirements foran existing.
non-conforming commercial center and to establish: a church within an existing office
building) based on the following:
(i) That the proposed uses are properly ones for which a conditional use permit is
authorized by the Zoning. Code in the CL zone.
(ii) That: this property is located in an area zoned for commercial land uses, with the site
developed and used by professiohal and medical offices; As conditioned, staff
believes that the proposed use would not adversely affect the adjoining land uses or
the'growth ahd development of the'area, and would not tie detrimental to thepeace,
health, safety and general welfare of the citizens of the City of Anaheim.
(iii) That the submitted parking study demonstrates the size of this property is adequate
to allow the full. development of the proposed use in a manner nofdetrimentaf to the
part(cular area' nor to the peace, health, safety, and general welfare: of the citizens of
Anaheim and that the traffic generated by the proposed use would not impose an
undue burdenupon the'streets and;highways'designed and improved to carry the
traffic in the area.
Page 7
Staff Report to the
Planning Commission
March 10, 2003:'
Item No. 9
THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS
AN INTERDEPARTMENTAL COMMITTEE'AND ARE RECOMMENDEDFOR ADOPTION BY!THE `
PLANNING COMMISSION IN THE EVENT THAT THIS CONDITIONAL' USE PERMIT IS APPROVED
'Church:
1. That this use shall expire on March 10, 2005.
2. That the only accessory school activity shall'be Sunday.. school and this facility shall not be used
as a private'daycare, nursery, elamentary,)uniorend/orsenior high school
3. That na outdoor activity may be conducted by the church at any time within the rear (north)
landscape setback adjacent to the residential neighborhood.
4. That this project shall comply witft the requirements of an "A3" occupancy, as set forth in the
Califomfa Building Code, 1998 edition and Uhiform Fire'Code. Said information shall be specified
on plans submitted for Building Division antl Fire Department approval.
5. That the hours of operation shall tie limited to 9 a.m. to 5 p.m., on Sunday only (except for special
church holidays).
6. That the number of congregates at any one time shall tie limited to thirty (30) persons,"sixteen
(Ili) years of'age and over If the"number of congregates exceeds forty (40j members, at any
one time, theapplicant shall then submit a parking management plan to the Traffic and
Transportation Manager for review and approval.
7. That the proposal shall comply with all signage requirements of the CL Zoneunless a variance
allowing sign'waivers is approved by the Plarning Commission or City Council. Any additional ?
signage shall be reviewed and approved by the Zoning Division. Any decision by staff maybe
appealed to the Planning Commission as a Reports and Recommendation item.
8. That the proposed freestanding sign on subject property shall be a dewrative monument-type
design with a finished cap not exceeding eight (8) feef ih height as measured from the grade of
the sidewalk, shall be constructed with a minimum 18-inch high solid base, and shall be subject to
the review and approvatof the City Traffic and Transportation Manager to determine adequate r
lines-of-sightand the Zoning Division for finaldesign. Any decision by staff regarding this sign
may be appeal to the Planning Commission as a Reports and Recommendation item.
Commercial Retail Center:
9. That the properly shall be permanently maintained in an orderly fashion by providing regular
landscape maintenance; removal of trash or debris, and removal of graffiti within twenty-four (24)'
hours from time of occurrence.
10. That a landscape plan for the entire site shaltbe submitted to the Zoning Division of the Planning
DepartmenYindicating'type, size and location`of exisfing and proposed refurbished landscaping ;
and irrigation for revlew'and approval by the Zoning Division. Any appeal of staffs decision can
be made to the Planning Commission as a Reports andlRecommendafions'item. Once approved;
the landscaping shall be installed and maintained in accordance with the plan. The landscape
plan shall indicate the following:
• That on-site landscaping and irrigation system`shall be refurbished and maintained in
compliance with City standards.
• That landscaped planter areas on either side of the driveway shall be expanded to a
maximum depth, provided no reduction in parking spaces would result from such
expansion.
Page 8
l
Staff Report to the
Planning Commission
March 10, 2003
Item No. 9
o That the front landscaped setback area sfiall be planted and Irrigated withnine (9)
minimum'24-inch box sized evergreen trees.
o That additional parking lot trees(minimumofthrae'{3)) shall be=planted within the
proposed'parking loflandscaped areas and that all trees be a minimum of 24-inch box in
size.
1 L That ail existing landscaping shall be maintained and immediately replaced in the event that it
becomes diseased or dies.
12.'That the chain-link fencing and barbed wire at the north end of the property shall be removed and
`, replaced with wrought iron fencing or a block wall ;Said information shalt be showrc on plans
<submitted for building permits::
13. That 4-foot high address numbers shall be displayetl on the roof in a contrasting color to the roof
materiaL'The numbers shall' hot be visible from the view of the street oradjacent and nearby:'
';properties. Said information shall be spec~caliy shown on plans submitted for Police Department,
Community Services DivisiodapprovaL
141-That the trash storage area shall be relocated out of the required 5-foot wide setback area
adjacent to Wilshire Avenue. 'The new trash storage enclosure shall be provided and maintained
in a location acceptable to the Public Works Department, Streets and Sanitation Division, the:
Zoning Division, and in accordance with approved plans on file with said bepartment. Said
storage areas shall Be designed, locatedand screened so as not to be readily identifiable from
adjacent public street. The walls of the storage areas shall be"protected'from graffiti opportunities
by the use of plant materials such as minimum 1-gallon size clinging vines plantedbn maximum
3-foot centers or talfshrubbery. Said information shall be specifically shown on the plans
submitted for building permits.'
15.'That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted
to the Pufilic Works Department, Streets'and Sanitation Division for review and approval.
16: That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
1 T That all air conditioning facilities and other roof and ground-mounted equipment shall be properly
i screened from view and sound' buffered from adjacent residential properties. Said'fnformation
!shall be specifically shown on plans submitted for tiuiiding permits.
18. That lighting fixtures in any proposed parking area located adjacent to any residential property
shall be'down-lighted with a maximum height of twelve (12) feet. Said lighting fixtures sfiall be
decorative and shallbe directed away from adjacent residential propertyllnes to protect the
residential integrity of the area: Said information shall be spec~cally shown on plans submitted
for building permits:
19: That all public telephones (existing or proposed) shall be located inside the building only.
20: That no outdoor storage, display or sales bf merchandise or fixtures shall be permitted.
21: That roof-mounted balloons orbther inflated devices shall not be permitted.
22 That no video, electronic or other amusement devices or games shall be permitted anywhere on
subject property.
23) That no vending machines shall be permitted on the property; which are visible from the public
right-of-way.
24: That the number of tenant spaces shall be limited to twelve (12) units as reflected on the site plan
(Exhibft No. 1).
Page 9
Staff Report to the
Planning Commission
March 10, 2003'
Item No. 9
25. That all trash generated from thiscommercial retail center shall be properlycontained`in Mash
bins contained within approved trash enclosures. The number ofbins shall be adequate and the
trash pick-up hall be as frequent as necessary to ensure the sanitary handling and timely
removal of refuse fromthe property. The Code Enforcement Division of the: Planning Department
shall determine the need for additional business for additional pick-up. All costs forincreasingthe
number of bins or frequency of pick-up shall be paid for the business owner.
26. That subJectproperty shall be maintained substantially: in accordance with plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are oh file with.
the. Planning Department marked Exhibit Nos. 1, 2 and%3 and asconditioned herein. ;
27. That prior to issuance of a building permit orprior to commencement of the activity authorized by
this resolution, or withln?a period of one (1),year fromthe date of this resolution, whichever occurs
first, Condition Nos. 4, 8, 10 12, 13, 14, 15, 17 and 18,'above-mentioned, sfiall be complied withs
F~ctenslons for further time to complete said conditions;may be granted in accordance with
Section 18:03.090 of the Anaheim' Municipal Code.
28. That prior to final building and zoning inspections, Condition No. 26, above-mentioned, shall be
complied with:
29. That approval of this application constitutes approval of the proposed request only to the extent
that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and
Federal regulations. Approval does not include any action or findings as to compliance or
approval of the request regarding any other applicable ordinance, regulation or requirement.
Page 10
ATTACNitENT - I TE11 N0. 9 I
Parking Analysis.
of
Trinity Chinese Fenn®nite Church
Location: 300 N. Wilshire Avenue
Variance: Convert-~S% of an existing office building to a worship hall for the church.
Conclusion: Existing pazking spaces are sufficient for the operation and variance,
Background
Trinity Chinese Mennonite Church is planning to purchase the property located on 300 N.
Wilshire Avenue which is north of W. Lincoln Avenue and E. of I-5 (see Attachment 1
Location„~Iap). There are 12'units in this building. The total office azea is 4 291 sgft.
The existing land use is an Office Building. There are 8 current tenants which aze doing
businesses such as auto, appraisal, V1P mailing, Doctor, Insurance, Income Tax (see
~----~
Attachment 2).
Trinity Chinese Mennonite Church is a church with about39-u~mbe ~m about 10
families. This church was established 17____ ve_~ ar~^. It has been pretty stable for all those
~1
years. The church has been renting a room from another church before. Currently, it has
been renting a conference room from a Holiday Inn for its Sunday Service for the past
year. The church proposes to keep 10 units as existing office uses. It plans to convert
#lA and #1B azea for church use (see Attachment 3. Floor Plan). #lA azea is 513 sgft,
and proposes to be the Pastor's office and a storage area. #1B area is 645 sgft, and
proposes to become a future worship hall..
nnn nrn o~n~ - ~ ~. i t ~
Parking Analysis
There are 24 existing pazking spaces on SE side of the building (see Attachment 4. Site
Plan). SW side of the building is N. Wilshire Avenue with 24 hrs on street pazking. NW
side of the building is another small business with one big room and about 13 parking
~~
spaces. NE side of the building are two residential homes, but completely sepazated by a
wall. Across this building's pazking lot is another office building with 18 pazking spaces.
This building has its own entrance to its pazking lot. It does not shaze access with other
office or residential uses.
After the variance, 3133. sq ft (total 4291 sq ft - 645 sq ft worship hall - 513 pastor's
r--
office) will stay as office use. Based on the common standard, each 1000 sq ft office
needs 4 pazking spaces, therefore 13 (3133*4/1000.= 15) spaces are needed for the office
units..
Based upon ITE 2"d Edition Pazkin~ Genera ion, Peak parking spaces for a Church during
Sunday service can be calculated and decided by the following formula (see Attachment
5. Church/Synagogue ITE Parking Rate Sheet):.
P = 0.495 {X) - 4.0
Where: P =Peak Hour Pazking Spaces Required
X = Number of Attendees of Church
For this chucch~X=30 members, So P = 0.495 * 30 - 4.0 = 10.85 or round up to 11
spaces.
fJID un ~nn~ _ „ ,. , z
This result matches the reality. Since 30 members from 10 families, 10-11 cazs or 11
pazking spaces aze needed. This number matches the observation of current church
operation.
Since all the offices operate on weekdays, and the church operates on Sundays, there is
no conflict for the uses of the parking spaces. Even if both the church and offices operate
at the same time, 24 (13+11) spaces are required for this plan. Since proposed
combined deman4, the existing capacity can accommodate the future parking
demand under the normal and reasonably foreseeable conditions of operation of
such use. The church will not increase the demand and competition for pazking spaces
upon the public streets in the immediate vicinity of the proposed use.
This church has been established for 17 years, and it has been always very stable, no big
growth can be foreseen either. In addition, the building has its own access, it will not
impede vehicular ingress to or egress from adjacent properties upon the public streets in
the immediate vicinity of the proposed use.
Since the majority of this building remains as office uses, and its surrounding buildings
aze office uses also, the church needs the pazking spaces on Sunday and offices use the
parking capacities on weekdays. There is no conflict or competition for the pazking
capacity. The peak hours on N. Wilshire Avenue are different from the peak hours of the
church as well. The variance should not have any significant impact on this
neighborhood.
This study is provided by Nelson Kao, Pastor of the Trinity Chinese Mennonite Church.
ATTACHMEtdT - I TEtt N0. 9
SECTION 5
Dear Applicant:
CITY OF ANAHEIM
ENVIRONMENTAL INFORMATION FORM
(To be completed by applicant)
The City of Anaheim as Lead Agency is required to comply with the California Environmental Quality Acl (CEQA): CEOA
requires the City to evaluate the potential environmental impacts of your development project. In order to assist us in completing
this required environmental review, please provide us with the following information:
1. Project Address or Location: ~ N rrli ldiim Ate, Ar>alT~m, Cl. 92801
2. Project Description (describe the entire project, including but not limited to later phases of the project, and any off-site
supporting improvements or features necessary for its implementation. Attach additional sheets
if necessary):.
~t 645 s3 ft of ezffstin7 office spar into dnndi u~
3. Assessor's Parcel Number: 255-01 1 -02
4. Name of Property Owner: Church of Christ Foundation, Iris.
Address: Briarpa Drive
Covina, CA 91724
5. Name of Authorized Agent Toan man for Trinit~Chinese Mennonite Church
Address: q"~75 Wi 1 ahi re Blvd Ste 350
T nc Angpl as C'A 9001 0
6. Descdbe the project site as it exists before the project, including if the site is on filled land or on a slope often percent or
more and provide information on it's topography, soil stability, plants and animals, and any cultural, historic or scenic
aspects. Provide pictures of the site and describe any existing structures on the site, and their current use. Attach
additional sheets if necessary.
Existing office building. No modifications will be done other than
converting a portion of existing office space into religious
worship hall.
7. Other public agencies whose approval is required (e.g., for permits, financing, participation agreement, etc.).
None
8.
9.
10.
11.
Site size:
acres or
19,178
Demolition proposed: ~ No ^ Yes
Square feet of new construction: No new construction
Type, number, stories and height of new buildings: None
12. Number of on-site parking spaces
24
CUP N0. 203 - n ~: ~ 6 3
square feet (if less than. an acre).
square feet
13.
1
SECT
Complete Sections 14 and 15 forproposed Residential projects only;
14. Single ar Multi- Number of Units Sg. Ft. of Units No. of Bedrooms
Family Units
15. Will the proposed residential housing development meet any of the following Article 34 restrictions (low income housing
development):
Yes No
A. Apply for property tax abatement....
B. Apply for long-term governmental financing
C. Provide in excess of 40% of the housing
units as low income housing with rent control
and occupancy restrictions.
Complete this section /orproposed Commercial projects only:
16. A. Type of Commercial or Office:
8. Is the project oriented: Regionally, City or Neighborhood
C. Anticipated hours of pperation:
D. Estimated employees per shift and number of shifts:
E. Location of loading facilities and anticipated hours of loading/delivery operations:.
17. If use not Residential, Commercial or Office, indicate type of use helow:
ManufactudngNVarehousing Institutional Other (Specify): Church use
A. Indicate major function: Religious worship services
B. Anticipated hours of operation:.. Sundays 9 a. m. to 5 p. m.
C. Estimated employees per shift and number of shifts: 1 (one) employee, 1 (one) shift
D. Type, location and square footage of loading facilities: None
Tease note that upon review of the submitted information, City staff may request additional supporting documentatign to assist in t
nvironmental analysis of your project to ensure compliance with CEOA.
18. Name of preparer. Joan Tan Relationship to property owner: Prospective B,
Address: 3325 Wilshire Blvd Ste 350, Los Angeles, CA 90010
Phone No.: (21 3) 480-11 20
Preparer's signature: ~. ~, ___ Date: I (? C i
Tentative development schedule:
Start Date: N/A
Completion Date:
.Phasing:
ni ng/appli cati ons. doc
~ \ ~
~c
Variance No. 2002-04524
TRACKING NO. VAR2003-04552
Requested By: OAK JA KIM
~ "~ r ~ \
~_
~' 4~Ts
ML
RCL 52-53-8 ~
CUP 3181 ~
CUP 2700
\LL INDUSTRIAL FIRMS ~
~~ ~6 Subject Property
Date: March 10, 2003
Scale: 1" = 200'
Q.S. No. 17
REQUESTS WAIVERS OF: (A) MAXIMUM FENCE HEIGHT WITHIN STREET SIDE SETBACK
(B) REQUIRED SCREENING OF OUTDOOR EQUIPMENT
TO AMEND OR DELETE CONDITIONS OF APPROVAL PERTAINING TO WAIVERS OF SITE
SCREENING AND MAXIMUM FENCE HEIGHT WITHIN THE STREET SIDE SETBACK.
D
Parcel 1:1365-1385 North Knoliwood Circle
Parcel 2: 1335 North Knollwood Circle
Staff Report o the
Planning Cpmmission
March 10,2003
Item No. 10
10a. ' CEQA NEGATIVE DECLARATION (PREVIOUSLY APPROVED) (Motion)
10b. VARIANCE N0: 2002-04524 (Resolution)
(TRACKING NO. VAR2003-04552)
'SITE LOCATION AND DESCRIPTION: >
(1) Parcel 1: This irregularly-shaped, 3.0-acre property is located at the terminus of Knollwood
Circle, having a frontage of 86 feet at the terminus of Knollwood. Gircle, and'a maximum
depth of 444 feet (1365-1385 Knollwood Circle).
Parcel 2: This irregularly-shaped, 1.2-acre property has a frontage of 224 feet on the west
sitle of Knollwood Circle, a maximum depthof 229 feet; and islocated 1;666 feet north of
the centerline of Woodland Drive (1335 Knollwood Circle),
`REQUEST:
{2) The petitioner requests to amend br delete conditions of approval`pertaining o site
screening and maximum fence height with waivers of the following:
(a); SECTION NO. 18:04.043.101(a) Maximum fence height within streetside
settiack (3 feet permitted; 4_8 feet existing
and proposed.)
(b) SECTION NOS. 18.04.049:050-
r18.04:049.053. AND 18:61'.030.110 Required screehing of outdoor equipment
(Outtloor equipment shall tie view
screened from the streetst equipment
visible from Knollwood Circle.)
BACKGROUND:
(3) Variance Na 2002-04524 (to permit and retain accessory outdoor. storage and equipment
in'connection with a textile manufacturing facility in the ML Zone with waivers of minimum
number of parking spaces and required screening of outdoor equipment) was approved by
the Zoning Administrator on October 21, 2002 (Decision No. ZA2002-37): Please see the
attached staff reporf and decision letterprovided for your review.
(4) The subject site is developed with'a 18,500 square foot industrialbuilding (1335 Knollwood
Circle) and a 59,063 square foot industrial building (1365-1385 Knollwood Circle) and. is
zoned ML (Limited Industrial). The Land Use ElemenfMap of the Anaheim General Plan
indicates that this property is designated for General Industrial land uses.
(5) The application for Variance No.2002-04524 was the result of an'bn-going Code
EnforcemenYaction that involved complaints pertaining to unperthitted and unscreened
outdoor equipment and unpennitted storage of materials within required parking areas::
Sr5000jr
Page 1
- - - --
Staff. Report to the
Planning Commission
March 10, 2003
Item No. 10
(6) Surrounding land uses areas follows:.
~Direcfion ~ ~~ ~ ~, .4and~Use~ Zoning, , ~, ~ '= General~Plan
"Designation
North Freeway (I-5) N/A Freeway
East (across `Industrial Buildings ' ML 'General Industrial
Knoilwood Circle)
South IndustrialBuildings ' ML General Industrial
West Condominium Complex RM-2400' Low-Medium Density%
Residential
PROPOSAL::
(7) The petitioner requests to amend or delete conditions of approval pertaining to site
screening and maximum fence height in conjunction with ah existing extile manufacturing
facility with accessory outdoor storage and equipment. The petitioner requests in the
attached letter, that the following conditions from Zoning Administrator Decisioh'No. ZA
2002-37 be modified or deleted;
2. That chain link fencing with slats shall be installed around all outdoor equipment
visible to Knoilwood Circle. PVC slats shall be interwoven into said chain=link fenceto
reduce visibility of the outdoorsi/os, boilers: and the other equipment. Said fencing
and slats shall be maintained irz good condition afall times.
The petitioner indicates that due to clearance requirements by the Fire
Department, he would rather plant additional trees: in the landscaped area
adjacent to Knoilwood Circle in lieu of providing chaintink fencing with slats.
The petitioner additionally indicates the'equipment is similar in color to the
existing building.
3. That a landscaping and irrigation plan forsubject property shall be submitted to the
Zoning Division for review and approval. The landscaping plan `shall show the
following:
(a) A two (2) foot wide landscapetl planter with clinging vines adjacent to the chain
link fencing (required'ander Condition Nd' 2) to furtherscreen the equipment from thee:
publicrights=of--way `
The petitioner indicates that, for the same reasons'as indicated above,
additional trees be planted in the landscaped area adjacent to Knoilwood Circle
in lieu of providing a two (2) foot wide landscaped planter with clinging vines ,`
adjacent to the chain-link fencing.
(b) Twenty-four (24) inch box evergroen'tree(s) spaced at maximum twenty (20) foot
centers shall be planted in the front setback along Knoilwood Circle.' The
petitioner shall confer with city staff fo determine the most practical location(s) and
the number of tree(s).
Page 2
1
Staff ReporEto the
Planning Commission
March 10, 2003
Item No. 10
The petitioner indicates the:existing trees indicated on the site play are
sufficient for scre®ning.
y (c) Additional landscaping within the existing landscaped planter at the southeast'
comer of the building at,1365-1385 Knollwodd Circle.
The petitioner indicates there is enough landscaping within the planter at the
southeast corner of this building forpurposes of screening equipment.
(d) Planting of vines along the combination block wall and wrought iroh fence along
Knollwood Circle to discourage graffiti.
The petitioner indicates there is a guard on duty 24 hours a day of the front of
the property who serves as a deterrent to any potential graffiti issues.
` Additionally the petitioner indicates there has hot been a graffiti problem over
the last 18 years of operation, therefore, there: is no need for vinesto be planted
along the wall.
Any decision madeby the Zoning Division regaMing said landscaping and irrigation
plans maybe appealed to the Zoning Administrator and/or Cfty Council. Within a
I period of three (3);months after the plans are approved, the landscaping and imgation
facilitiesshall be installed and thereafter maintained in accordance with;city
requirements.
9. That the petitioner shall either.
(a) Remove the existing shipping containers from the subject property; or
(b) Submit (and obtain approval of) an application for a conditional use permit to allow
the outdoor use of shipping containers`for storage purposes.
' The petitioner has Conferred with the Zoning Division staff regarding the
placement of the wo (2) existing shipping containers. Because the petitioner
': has indicated that they would only have two (2) containers temporarily
(approximately 2'years), and because the containers could be located such that
they were not within required parking area and completely screened from view,
staff approved the placement of the hipping containers`at the southwest corner
of the property as indicated on the site plan.
12. The petitioner shall ether.
(a) Relocate the existing eight foot -six inch high fence adjacent to Knollwood Circle
out of the requiredfront setback area; dr
(b) Submit (and obtain approval oft an application for a variance to permit the existing
fence height wthin the minimum five (5}.foot setback along Knollwood Circle.
In addition to the request pertaining to the conditions of approval, the petitioner's
request includes a waiver for maximum fence height within the required 5-foot street
side setback in compliance with Condition No. 12 as indicated above.
(8) The site plan (Revision 1 of Exhibit No. i) and photographs indicate an 8-foot high
combination block wall with wrought iron fencing and'an 8-foot: high gate across the
northerly driveway for 1335 Knollwood Circle: The site plan also indicates a 4-foot high
Page 3`
l
Staff Report to the
Planning Commission
March 10, 2003'
Item No. 10
wrought iron fence and sliding gate atthe entryway of 1365.-1385 Knollwood Circle. The
combination wall, wroughfi~on fences, and gates encroach' into the required street side
setback from 1'6" to 3'6". Code restricts the maximum height of any fence, fledge, wall, of
berm'to three (3),'feet within. the required streefside setback.
(9) ! The existing 18,500 square-foot building (1335 Knollwood Circle) has a front yard structural
setback on Knollwood Glrcla that varies between'21 and 39'feet and no rear yard setback
for apreviously-permitted canopy structure. The building setback from the rear property :
line is 45 feet. The existing 69,925 square-foot building (1.365-1385 Knollwood Circle) has
a front yard structural setback on Knollwood Circle of 50 feet and a rear yard setback of 27
feet (atljacent to residential)'.
(10) ' Although there are three (3)' driveways provided to the subject property, only two (2) of
these driveways are open during business hours for access'. The driveway servicing the
north portion of 1335 Knollwood Circle remains closed and"a trash compactor islocated
within his access area. The site planndicates a total of 50,parking spaces for both
properties (as'approved under VAR2002-04524)::
(11) , The photographs submitted by the petitioner indicate two existing one-story, 18- to 20-foot
high concrete tilt-up buildings, fourteen storage silos (ground-mounted and building-
mounted), two boilers, two'shipping containers, and accessory storage exteriocto the
building within the requiredparking area and under canopies around the buiidingperimeteri
(12) There are twelve ground-mounted liquid and salt storage system silos; two ground-
mounted boilers; one trash compactor, wo building mounted storage silos, and two
shipping containers located'on the site'- all of which are minimally screened from the public
right-of-way (Knollwood Circle and SR-91 Freeway) as well as accessory storage located
exterior to the building and under canopies constricted along the exterior perimeter of the
building. The existing textile businessls legally operating; however, the equipment and
canopies were installed without the required permits and the accessory outdoor storage
within parking areas (now approved under Variance No. 2002-04552) was initiated without
properapprovalsfrom the Zoning Division.
(13) The outdoor equipment (boilers and silos) are currently located along the north (facing SR-
91 Freeway), south (facing Knoliwood'Circle), and east sides of the building located at
1365-1385 Knollwood Circle. These silos and associated equipment vary between 15 and
23 feetin heightahd are minimally screened by landscaping and 3 to 4 foot high garden
walls. There are four storage silos atthe front of the building: that are located 30 feet from
the front property ire. The equipment at the north side of the building is not screened and
faces the eastbound off-ramp for Magnolia Avenue from the SR-91 Freeway and the
transition to the 1-5 Freeways The trash compactor is presently locatedl0 feet from the
front property Ilne>on the property located at 1335 Knollwootl Circle within an accessway to'
this property and directly behind a gated driveway; The building-mounted equipment is
located above an existing canopy and is approximately 21 feet in height. The two shipping!
containers are located between the two buildings'approximately 5 feet from the west
property line. The'existing accessory storage area is located between the two buildings
located under canopies constructed along the exterior on the west side of both buildings
and the south side of the southernmost building.
(14) The variety of outdoor equipment and storage indicated in paragraphs 12 and 13 were
required under the Zoning Administrator's decision to be screened as much as possible.
Because certain elements of creening'would be impractical (roof-mounted equipment
above the canopyand equipment underneath the`canopy), staff recommendedapproval of
waiving required screening for these portions of outdoor storage. However, a Zoning
Page 4
-- - ~. ~ _
Staff Report to the
Plahnng Commission
March 10, 2003`
Item tJo. 10
(17); Waiver (a) pertains to the maximum fence height within the required street side`setback. S
Code restricts the maximum height of any fence,: hedge, wall, or berm to 3 feet within the'
required 5-foot wide (Local. Industrial Street) street side setback. The petitioner has
submitted the attached statement ofjustification'jndicating'that the property fronts on a cul-
de-sadand that the wall encroaches only a few feet into the setbackarea. The petitioner ?
further indicates that the previous business constructed the wall and gates that`encroach
into the front settiack area Staff conducted research and did not find.: any permits for the ''
existing combination blockwall or gates. Additionally, the building permit records that staff
did review did not indicate any fence/wall/gate existing on the subjectsite. Staff believes
that although the subject site is locatetl on a cul-de-sac, there are no special circumstances
applicable to thisproperty as it refates3o the requested variance, which do not apply to
other identically zoned properties in the vicinity. The property size and configuration are
such that there is ample room for the petitioner to relocate+the wall and gates out of the
street side setback area. Furthermore, staff believes that the strict application of the
ZoningjCode does not deprive the property of privileges enjoyed by other properties under)
identical zoning classification in the vicinity as only one (1);of the 35 properties within this
industrial area has a fence ih excess of 3 feet within the required street side setback (the
property adjacent and to the east of the subjecfproperly); therefore,'staff recommends
denial of waiver (a).
- e44
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-.
- ~. ,~,,
,,; s
View of subject site from the southeast and unscreened equipment
(18) Waiver (b} pertains to required screening of outdoor equipment. Code. requires that all
ground-mounted equipment and accessory storage be fully screened from the view of any
public street by either a solidmasonry wall or chain-link fence with slats. The photograph
above is a portion of the equipment visible from Khollwood Circle that was required to be '
screened by the Zoning Administrator's decision. The petitioner's request for modification:
or deletion of the following condition would effectively expand the scope of theZoning
Administrator's approval and allow the equipment shown atiove to remain unscreened as
depicted this photograph.
Page 6
1
Staff Report to the
Planning Commission
March 10(2003
Item No. 10
(19) The petitioner indicates that due to clearance requirements by the Fire Department, he
would rather plant additional trees in the landscaped area adjacent to Knoliwood Circle iri
lieu of providing chain-link fencing: with slats (Condltiori Nos. 2 and 3a of Variance No.
2002-04552).: Staff conducted a site inspection and determined that if the applicant
removed or relocated the access gate adjacent to the driveway at the terminus of
Knollwood Circle, that at the narrowest point,;there would be 21 feet of clearance on tfie
south side of he building, one foot more than the 20 feet of clearance required by the Fire
Department. Staff believes the fences could'be designed in such a way as to not interfere
with the daily operation of the manufacturing: facility. A'planter one-foot in width would be
sufficient for vines and'chain-link fencing with slats. On the east side of the building; the
petitioner would have an additional four feet for planter'area while'maintainng 18-foot long
parking spaces and 26-foot wide drive aisle. s Staff recommends no change to Condition
No; 2 of Variance No 2002-04552.
(20) The petitioner! indicates the existing trees indicated on the site plan are sufficient for
screening (Condition No. 3b OF Variance No. 2002-04552), Staff conducted a site
inspection oh February 27, 2003, and observed that the deciduous trees within the front
setback area had no foliage whatsoever and provided`no screening for on-site activities.
Staff recommends no change to Condition 3(b).
(21) Condition No 3(c) Variance No. 2002-04557 required that the petitioner provide additional
landscaping within the'existing landscaped'planter at the southwest comerof the building.
As indicated in the photograph above, there is only one tree within the'planter
currently. Staff believes that utilising existing planter areas would bean effective
means of providing screening, and recommends no change to Condition No. $(c).
(22) The petitioner indicates `there is a guard on duty to deter any graffiti occurrences on the
subject site and therefore there is'ho need to plant vines on the wall facing the public'right-
of-way (Condition No.'3(d) Variance No. 2002-04552. Staff believes the Code-required
vines are necessary to prevent graffiti opportunities. Staff recommends no change;to
Condition No. 3(d).
(23) As`indicated above, staff could not make the findings to substantially modify, the previously
approved conditions, and therefore could notmake the.findings to'expand the scope of
waiver (b), pertaining to; screening of outdoor uses. Because there are no special
circumstances applicable to this properly as it relates to the requested modification, and
because the: application of these conditions does not deprive the property of privileges'
enjoyed by other properties underidenticaf zoning classification idthe vicinity, staff
recommends denial of waiver (b).;
(24) Condition No 9 required the petitioner to remove the shipping containers on site or apply
and obtain approval of a conditional use permit of the outdoor use. Because code allows
for outdoor storage accessory to he manufacturing operation conducted on site, provided
the storage is completely screened and not within required parking area, staff approved the
placement of he shipping containers at the southwest comer of tfie property as indicated
oh the site plan. Staff recommends that ConditiodNo. 9 be modified to allow the wo
(2) shipping: containers in the location indicated on the site' plan for a period of two
(2) years.
Page 7
l
Staff Report to the
Planning Commission
March 10, 2003
Item No. 10
.FINDINGS: _
(25) When practical difficulties or unnecessary hardships result from strict ehforcement of the
Zoning Code, a modification may be granted for the purpose of assuring'that no property,
becausebf special circumstances applicable to it, shall be deprived of privileges commonly
enjoyed by other properties in the same vicinity and zone. The sole purpose of any variance
is to prevent discrimination and none shall be approved which' would have the effect of
'; granting a special privilege not shared by other similar properties. Therefore, before any
variances is granted,.: it shall be'shown:
(a) That there are speciafcircumstances applicable to the property such as size, shape,
topography, location or surroundings, which do not apply to other identically zoned
properties in the vicinity; and
(b) That strict application of the Zoning Code deprives the property of privileges enjoyed r
by other properties under identical zoning classification in the vicinity.
(26) 'Subsection 18.03.092 of the Anaheim Municipal Code provides for the modification or
termination of a variance for one or moreof the following grounds:
.010 That the approval was obtained by fraud;!
.020 :That the variance for which such approval is granted is not being exercised within
'the timespecified in'such permit;
.030 :That the variance for which such approual was granted has ceased to exist or has
been suspended or inoperative for any reason for a'period of six (6) consecutive
'months or more;
.040 That the variance granted is being, or recently has been exercised contrary to the
terms orconditionsof such approval, or in violation of any statute, ordinance, law
or regulation;
.050 .That the variance for which the approval was granted has been so exercised as to
ibe detrimental to the public health or safety, or so as to constitute a nuisance;
.055 That the variance forwhich the'approval was granted has not been exercised, and
that based upon additional information oriiue to changed circumstances; the facts
necessary,to support one or more of the required showings for the issuance of
'such entitlement asset forth in`this chapter no longer exist; and/or
.060 That any such modification, including the imposition of any additional conditions
thereto, is7easonably necessary to protect the public peace, health, safety or
'general welfare, or necessary to permit reasonable operation under the variance as'
granted.
RECOMMENDATION:
(27) .Staff recommends that unless additional or contrary information is received during the
meeting, and based upon the evidence submitted to the Planning Commission, including the
evidence presented in this staff,report, and oral and written evidence presented at the public
hearing, that the Planning Commission take the following actions:
Page 8
l
Staff Report to the
Planning Commission
March 10;2003
Item No. 10'
(a) By motion, determine thatahe previously-approved CEQA Negative'Declaration is
adequate to serve as the required environmental documentation forahis request.'
(b) By resolution, approve modifications to conditions of approval nos. 3 (a) and 9 of
Zonhg AdministratorDecision No ZA2002-37pertaining to site screening and
outdoor storage and deny waiver (a)pertainirlg o maximum fenceheight within the
street side settiack and waiver (b)fdr required'screening of outdoor equipment,
thereby sustaining the decision of the Zoning Administrator Decision
Na:'ZA2002-37 based on the following:
(i) That there are no`speciai circumstances related to this property, such`as lot
size, topographyi or existing of configuration which do not apply to other
properties within the vicinity:jThe property size and configuration are such
that there is ample room for he petitioner to re-locate the wall and gates
out of the sVeetside setback area. Furthermore, staff believes thatahe
strict applicationof the Zoning Code does not deprive the property of
privileges enjoyed by other propertiesUnder identical zoning classification
in theivicinity.
(ii) That the strict application of the Code does not deprive the property owner
the privileges enjoyed by other industrial properties in the neighborhootl
since the affected: property owner has' already been granted`a waiver bf
Code-required screening. The requested mod cations to conditions of
approval for the previously-approved waiver have rto basis to
State-required findings necessary to effectively expand this waiver. Based
on staff's observations and `research, he subject property is arge enough,
and configured in'such a way as to allow the applicant the ability to comply
with the previously approved conditions approval, while maintaining
minimum requirements for emergency access.
STAFF RECOMMENDS THAT THE CONDITIONS OF APPROVAL FOR VARIANCE N0.2002-04524
READ AS FOLLOWS:
1. That the property owner shall pay the cost of Code Enforcement inspections conducted on a monthly
tiasis, or as'often as deemed necessary by the City's Code Enforcement Division, to ensure
continued compliance with State`and localatatutes, ordinances, laws and Yegulations.
2. That chain link fencing'with slats shall be installed around ail outdoor equipment visible to Knoilwood
Circle. PVC slatssftall be interwoven into said chain=link fence o reduce'visibility of he outdoor
silos, boilers and the other equipment. Said fencing and slats shall be maintained in good condition
at all times.a
3. That a landscaping and irrigation plan for subject property shall be submitted to the Zoning Division
for review and approval. The landscaping. plan shall'show the following:
(a) A minimum one (1) foot wide landscaped planter with'clinging vines adjacent to the:
chaip link fencing (required under Condition No. 2) along the south side of the building
located at 1365-1385 Knollwood Circle, and a two (2) foot wide landscaped! planter with
clinging vines adjacent to chain link fencing along the east side o further: screen the
equipment from the public rights-of-way.
(b) Twenty four (24) inch box "evergreen" tree(s) spaced at maximum twenty (20) foot centers shall
be planted in the front setback along Knoliwood'Circle. The petitionecshall confer with city staff
to determine ttremost practical location(s) and the number: of tree(s).
Page 9
i
Staff Report to the
Piahning Commission
March 10, 2003`
Item No. 10
(c) Additional landscaping within the existing landscaped planter at the southeast corner of the
:building at1365-1385 Knollwootl Circle.
(d) :planting of vines along the combination block wall and wrought iron fence along Knollwood
Circle to discourage: graffiti.
Any decision made by the Zoning Division regarding said landscaping and irrigation plans'may be
appealed to the Planning Commission. Within a period of three (3) months after the plans are
approved, the landscaping and irrigation facilities shall be installed and thereafter maintained in
accordance with city requirements.
4. That the outdoor equipment shall be painted to match, or otherwise be compatible with, the exterior:
of the building in order to de-emphasize the size and mass of the equipment.
5. That any tree planted on-site shall be replaced in a timely manner inlhe eventthat it is removed,
damaged, diseased and/or• dies. Furthermore,. the existing mature trees and landscaping shall be
maintained and. immediately replaced. in the event that any of it becomes diseased or dies.
6. That the petitioner shall confer with city staff regarding the'possible relocation of the trasti compactor
to the rear (west) of the property, if feasible, in order to minimize its visual impact on Knollwood
Circle:
7. That within a period of two (2) weeks from the date of this decision, the applicant shall obtain the
appropriate Encroachment Permit from the Putillc WorksDepartment for the activity andaepair of
sewer facilities within the public right-of-way.
8. (a) That the outdoor storage of equipment, materials, finished products, or refuse shall tie
incidental and accessory to the primary operation of the permitted industrial use of this property
(textile manufacturing).
(b) If the square footage of the outdoor storage and equipment exceeds the combined square
footage of the industrial buildings, the petitioner shall submit (and obtain approval of)'an
application for a conditional use permit to allow outdoor storage as a primary use.
9. That the petitioner shall locate the two (2) shipping containers at the southwest corner of the
subject site as jndicated in Exhibit No. 1. There shalt be no more than twa (2) shipping
contajners located on site and both shipping',containers shall be removed on orbefore March
10J2005.
10. That all applicable building,: plumbing and electrical permits shall be obtained from the Building
Division for aii,unpermitted equipmenYand structures.
11. That granting of the parking waiver is'contingent Upon operation of the approved use in conformance
with the assumptions and/or conclusions relating to the operation and intensityof use as contained
in the: parking demand study that formed the basis for approval of the:: parking waiver. F~ceeding,
violating, intensifying or otherwise deviating from any of said assumptions and/or conclusions, as
contained in theparking demand study, shall be8eemed a`violation of the expressed conditions
imposed upon said waiver which shah subject this variance to termination or motlification pursuant to
the provisions ofSections 18.03.091 and 18.03:092 of the Anaheim' Municipal Code.
12. That the petitioner shall either:
(a) Relocate the existing eight foot -six inch high fence adjacent to Knollwood Circle out of the
required front setbackarea; or `-
Page 10
Staff Re ort to the
P
Planning Commission
March 10, 2003
Item No. 10
(b) Submit (and obtain approval of) an application for a variance to permit the existing fence height
within the minimum five (5) etback aldng Knollwood Circler
13. That subject property shall be developed substantially in accordance with plans and specifications
`submitted to the Cityof Anaheim by the petitioner and which plans are on file with the Planning
bepartmeht marked and Exhibit Nos. Revision 1 of Exhibit 1 and 2, and as conditioned herein. S
14. That prior to issuance of buildingpermits or within a period of three (3) months from the date of this
decision, whichever occurs first, Condition Nos. 3 and' 12, above= mentioned, shall be complied with.
Extensions for further time to complete said conditions may be granted in accordancewith Section
1 t3.03.090'of the Anaheim Municipal Code.
15. That prior to final building and zoning inspections or within a period of six (6) months from the date of
this decision, whichever occurs first, Condition Nos: 2; 4, 6, 9, 10 and 13j above-mentioned, shall be
complied with.
16. That approval of this application constitutes approval of the proposed request only to the extent that
if compiieswith the Anaheim Municipal Zoning Code and any other applicable City, State and
Federal regulations. Approval does not include any action or findings as to compliance or approval
of the request regarding any other applicable ordinance, regulation or requirement.
Page 11
l
ATTl1CHt1EIdT - I TEH N0. 10 SECTION 4
PETITIONER'S STATEMENT OF
JUSTIFICATION FOR VARIANCE/CODE WAIVER
(NOT REQUIRED FOR PARKING WAIVER)
REQUEST FOR WAVER OF CODE SECTION: ~ (1 ~ ~ `l ` ~ 13 ~ ~ ° ~ ~ ~ ~
r -. _ \1 (A separate statement is required for each Code waiver)
PERTAINING TO: FP,.., c s>_ ~+t 'Re -t'r ~'~- `•1 ark ~ 1a~_chA~ re 7 e to
1335 ~ I> 64 ~ r38-S 1 k.~.~~11't,~m t c;r~~
Sections 18.03.040.030 and 18.12.060 of the Anahenm Municipal Code requue that before any variance or'Code waiver maybe
grunted by the Zoning Administrator or Planning Commission, the following shall be shown:
That there aze special circumstances applicable to the property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical zoning classification in the vicinity; and
2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges
enjoyed by other property under identical zoning classification in the vicinity.
In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to
amve at a decision, please answer each of the follo~~~ng questions regazding the property for which a variance is sought, fully
and as completely as possible. If you need additional space, you may attach additional pages.
Are there special circumstances that apply to the property in matters such as size, shape, topography, location or
surroundings?Yes _No.
If your answer is "Yes," describe the special circumstances: We- Gt`(~ ~ t h ~ C~,.~ -~ ~ Sc. ~-
Are the special circumstances that apply to the property different from other properties in the vicinity which aze in the
same zone as your property? _ Yes ~No
If your answer is "yes," describe how the property is different:
3. Do the special circumstances applicable to the property deprive it ofprivi]eges currently enjoyed by neighboring
properties located within the same zone? Yes ~No
If your answer if "yes," describe the special circumstances:
4. Were the special circumstances created by causes beyond the control of the property owner (or previous property
owners)? ~ Yes _ No
EXPLALtir
The sole purpose ofany variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be
approved which would have the effect of granting a special privilege not shazed by other property in the same vicinity and zone
wtu~r' h-is-rrot-oths 'se en ressly authorized by zone regulations governing subject property. Use variances aze notpernritted.
_~ ~ ~ ~3
igna re of Pr perry Owner or Authorized Agent to
CONDITIONAL USE EERMTTNARIANCE NO.
DECEMBER 12, 2000
ATTACHMENT - ITEM N0. 10 SECTION4
PETITIONER'S STATEMENT OF
JUSTIFICATION FOR VARIANCE/CODE WAVER
(NOT REQUIRED FOR PARKING WAIVER)
~`/, ON~Dy~r o,So
REQUEST FOR WAIVER OF CODE SECTION: (R , 6 ~ , 0 t.~ `] , 0
(A separate statement i
PERTAINING TO: !'~~,_ ~~~5 f 3~~' ~.~IIJa-~oL [..:,-~
for each Code waiver).____
Sections 18.03.040.030 and`18.12.060 of [he Anaheim Municipal Co~ rCquire that before any variance or Code waiver maybe
granted by the Zoning Administrator or Planning Conmtisson, the following shall be shown:
That there are special circumstances applicable to the property, including size, shape, topogaphy, location or
surroundings, which do not apply to other property under identical Zoning classification in the vicinity; and
2. That, because of such special circumstances, strict application of the zoning code depmes the property of privileges
enjoyed by other property under identical zoning classification in the vicinity.
In order to determine if such special circumstances exist, .and to assist the Zoning Administrator or Planning Commission to
arrive at a decision, please answer each of the following questions regazding the property for which a variance is sought, fully
and as completely as possible. If you need additional space; you may attach additional pages.
Are there special circumstances that apply to the property in matters such as size, shape, topography, location or
surroundings? ~ Yes _No.
If your answer is "Yes," describe the special circumstances:
p:.~re..,t/1s,4~ dam- fi +?i st-~'~-- • U'
Are the special circumstances [hat apply [o the property different from other properties in the vicinity which aze in the
same zone as your property? ~ Yes ~ No
If your answer is "yes," describe how the prope is different: i N ~ `~ - r~ Q`~
3. Do the special circumstances applicable to [he property deprive it of privileges currently enjoyed by neighboring
properties located within the same zone? Yes xNo
If your answer if "yes," describe the special circumstances:
4.
The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be
approved which would have the effect of granting a special privilege not shazed by other property in the same vicinity and zone
which ~ of o e ise expre sly authorized by zone regulations governing subject propery. Use variances aze not permitted.
~_ a
ignature of Properly Owner or Authorized Agent Da
CONDITIONAL USE P-ERMiTNARIANCE NO.
DECEMBER l2, 2000
Were the special circumstances created by causes beyond the control of the property owner (or previous property
owners)? }~ Yes _ No
ATTACHMENT ~ ITEM NO
PETITIONER'S STATEMENT OF
JUSTIFICATION FOR VARIANCE/CODE WAIVER
(NOT REQUIRED FOR PARKING WAIVER)
10 SECTION 4
REQUEST FOR WAIVER OF CODE SECTION:,~R,OC'Ii~~~ OS~tIgiO`I~eygeC~S~,/~'6y.ay9~s-3
(A separate statement is required for each Code aiver) _
PERTAINING TO: I .~ G ~ ~ 2- a
Sections 18.03.040.030 and 18.12.060 of the Ana~reim Mumcip 1 Code require that before any variance or Code waiver may be
granted by the Zoning Administrator or Planning Commission, the following shall be shown:
]. That there are special circumstances applicable to the property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical zoning classification in the vicinity; and
2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges
enjoyed by other property under identical zoning classification in the vicinity.
In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to
arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully
and as completely as possible. If you need additional space, you may attach additional pages.
1. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or
surroundings? ~ Yes _ No. }}
If your answer is "Yes," describe the special circumstances: f~ ~ ~^''~ i r' °' ~'^~' tl ~ -kc, ,
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? r Yes ~ No
If your answer is "yes," describe how the property is different:
3. Do the special circumstances applicable to the property deprive it of privileges curently enjoyed by neighboring
properties located within the same zone? -Yes ~No
~-
Ifyour answer if"yes," describe the special circumstances:
4. Were the special circumstances created by causes beyond the control of the property owner (or previous property
owners)? ~ Yes _ No ,7 /'
Fxvr errt iJe. S~L,.~~Ff~.!' ~~~,.. -Fo X~e_ Lam-. 3 ~,~ d~<.~' {'~~'' oil;
l~n..Y~. ,ir.~..r=~ c""~~- .r i f o,[' .~~sdsh°~.~„ a~-:~ air-~~~-~-
The sole purpose of any variance or Code waiver shall be to prevent discnmmation, an~no variance or Code waiver shall be
approved which would have he effect of granting a special privilege not shared by other property in the same vicinity and zone
which is 'see ressly authorized by zone regulations governing subject property. Use variances are not permitted.
., t
natu of P perry Owner or Authorized Agent D e
CONDITIONAL USE FERMITNARIANCE NO.
DECEMBER 12, 2000
I
ATTACNtiI:MT - ITEM N0. 10
DECISION NO. ZA 2002-37
A DECISION OF THE ZONING ADMINISTRATOR
', APPROVING VARIANCE NO. 2002-04524
OWNERS: Reeder Properties
209 Bannock Court, Box 856 __
Sun Valley, ID 83353 -~
Ock Ja Kim
1365 North Knollwood Circle
Anaheim, CA 92801
AGENT: Richard Kim
1365 North Knollwood Circle
Anaheim, CA 92801
LOCATION: 1335 and 1365-1385 !North Kndllwood Circle
HEARING DATE; September 5, 2002, continued to the meetings of October 3 and October 17, 2002
OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal and
no correspondence in opposition was received.
REQUEST: Waivers of the following to permit and retain accessory outdoor storage and equipment
in connection with a textile manufacturing facility in the ML (Limited Industrial) Zone:
(a) Sections 18.06.050.030.031 - Minimum number of parking spaces:
18.06.080 50 s aces proposed; 121 spaces required)
18.12.060.110
and 18.61.066.050
(b) Sections 18.04.049.050 - Required screening of outdoor equipment.
18.12.060.090 (outdoor equipment shall be view-screened from streets;
and 18.61.068.010 storage and equipment visible to Knollwood Circle).
Having been appointed Zoning Administrator by the Planning Director, pursuant to Anaheim Municipal
Code Section 18.12.040., to decide the above-refetenced petition and a public hearing having been duly
noticed for and held on the date set forth above, I do hereby find:
1. That waiver (a), minimum number of parking spaces, is hereby approved based on the
analysis in the submitted parking demand study which concludes that the nature and operation of this
industrial use will not cause fewer off-street parking spaces to be provided for such use than the number
of spaces necessary td accommodate all vehicles attributable to the use under the normal and reasonably
foreseeable conditions; and that the City Traffic and Transportation Manager has reviewed the parking
study and concurs with the conclusions based on the nature of this specific industrial use.
2. That the parking waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon the public streets in the immediate vicinity of the proposed use, nor
will it increase traffic congestion within the off-street parking areas provided for the cdnditional use of the
property; and that the conditional use specifically consists of accessory outdoor storage and equipment
located where parking spaces could otherwise be located.
3. That the parking waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon adjacent private property in the immediate vicinity df the use.
V2002-04524.doc - 1 of 4 - ZA 2002-37
4. That the parking waiver, under the conditions imposed, will not impede vehicular ingress to or
egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use.
5. That waiver (b), required screening of outdoor equipment, is hereby approved based on the
special circumstances related to this property consisting of its location at the end of a cul-de-sac and the
existing parcel configurations which do not apply to other identically zoned properties in the vicinity; and
that strict application of the Zoning Code would deprive the property of privileges enjoyed by other
industrial properties in the neighborhood because the outdoor equipment cannot be relocated to the rear
of the buildings (which location would screen such equipment from the public street) due to the setback
requirement along the adjoining residential zone and uses to the west, and to the required emergency
access aisle along the perimeter of the existing building.
6. That approval of the waivers, as conditioned herein, will not be detrimental to the surrounding
industrial community, nor to the peace, health, safety and general welfare of the nearby residential zone
and uses to the west because an existing landscaped easement provides a wide buffer between the two
(industrial and residential) uses.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has reviewed
the proposal for waiver of minimum number of parking spaces and required screening of outdoor
equipment to permit and retain accessory outdoor storage and equipment in connection with a textile
manufacturing facility in the ML (Limited Industrial) Zone on two parcels located at 1365-1385 and 1335
Knollwood Circle (Parcel 1 is an irregularly-shaped 3.0-acre property located at the terminus of Knollwood
Circle with a frontage of 86 feet at the terminus of Knollwood Circle and a maximum depth of 444 feet; and
Parcel 2 is an irregularly-shaped 1.2-acre property located 1,666 feet north of the centerline of Woodland
Drive with a frontage of 224 feet on the west side of Knollwood Circle and a maximum depth of 229 feet);
and does hereby approve the Negative Declaration upon finding that she 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 effecfon the environment.
Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No.
2002-04524, subject to the following conditions:
1. That the property owner shall pay the cost of Code Enforcement inspections conducted on a monthly
basis, or as often as deemed necessary by the City's Code Enforcement Division, to ensure
continued compliance with State and local statutes, ordinances, laws and regulations.
2. That chain link fencing with slats shall be installed around all outdoor equipment visible to Knollwood
Circle. PVC slats shall be interwoven into said chain-link fence to reduce visibility of the outdoor
silos, boilers and the other equipment. Said fencing and slats shall be maintained in good condition
at all times.
3. That a landscaping and irrigation plan for subject property shall be submitted to the Zoning Division
for review and approval. The landscaping plan shall show the following:
(a) A two (2) foot wide landscaped planter with clinging vines adjacent to the chain link fencing
(required under Condition No. 2) to further screen the equipment from the public rights-of-way.
(b) Twenty four (24) inch box "evergreen" tree(s) spaced at maximum twenty (20) foot centers shall
be planted in the front setback along Knollwood Circle. The petitioner shall confer with city staff
to determine the most practical location(s) and the number of tree(s)..
(c) Additional landscaping within the existing landscaped planter at the southeast corner of the
building at 1365-1385 Knollwood Circle.
(d) Planting of vines along the combination block wall and wrought iron fence along Knollwood
Circle to discourage graffiti.
Any decision made by the Zoning Division regarding said landscaping and irrigation plans may be
appealed to the Zoning Administrator and/or City Council. Within a period df three (3) months after
V2002-04524.doc - 2 of 4 - ZA 2002-37
the plans are approved, the landscaping and irrigation facilities shall be installed and thereafter
maintained in accordance with city requirements.
4. That the outdoor equipment shall be painted to match, or otherwise be compatible with, the exterior
of the building in order to de-emphasize the size and mass of the equipment.
5. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
.damaged, diseased and/or dies. Furthermore, the existing mature trees and landscaping shall be
maintained and immediately replaced it the event that any of it becomes diseased or dies.
6. That the petitioner shall confer with city staff regarding the possible relocation of the trash compactor
to the rear (west) of the property, if feasible, in order to minimize its visual impact on Knollwood
Circle.
That within a period of two (2) weeks from the date of this decision, the applicant shall obtain the
appropriate Encroachment Permit from the Public Works Department for the activity and repair of
sewer facilities within the public right-of-way.
8. (a) That the outdoor storage of equipment, materials, finished products, or refuse shall be
incidental and accessory to the :primary operation of the permitted industrial use of this property
(textile manufacturing).
(b) If the square footage of :the outdoor storage and equipmenEexceeds the combined square
footage of the industrial buildings, the petitioner shall submit (and obtain approval of) an
application for a conditional use permit to allow outdoor storage as a primary use.
9. That the petitioner shall either.
(a) Remove the existing shipping containers from the subject property; or
(b) Submit (and obtain approval of) an application for a conditional use permit to allow the outdoor
use of shipping containers for storage purposes.
10. That all applicable building, plumbing and electrical permits shall be obtained from the Building
Division for all un-permitted equipment and structures.
11. That granting of the parking waiver is contingent upon operation of the approved use in conformance
with the assumptions and/or conclusions relating to the operation and intensity of use as contained in
the parking demand study that formed the basis for approval of the parking waiver. Exceeding,
violating, intensifying or otherwise deviating from any of said assumptions and/or conclusions, as
contained in the parking demand study, shall be deemed a violation of the expressed conditions
imposed upon said waiver which shall subject this variance to termination or modification pursuant to
the provisions of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code..
12. That the petitioner shall either.
(a) Relocate the existing eight foot -six inch high fence adjacent to Knollwood Circle out of the
required front setback area; or
(b) Submit (and obtain approval of) an application for a variance to permit the existing fence height
within the minimum five (5) setback along Knollwood Circle.
13. 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 and Exhibit Nos. 1 and 2, and as conditioned herein.
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14. That prior to issuance of building permits or within a period of three (3) months from the date of this
decision, whichever occurs first, Condition Nos. 3 and 12, above- mentioned, shall be complied with.
Extensions for further time to complete said conditions may be granted in accordance with Section
18.03.090 of the Anaheim Municipal Code.
15. That prior to final building and zoning inspections or within a period of six (6) months from the date of
this decision, whichever occurs first, Condition Nos. 2, 4, 6, 9, 10 and 13, above-mentioned, shall be
complied with.
16. 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.
This decision is made, signed, and entered into the file this 21st day of October, 2002.
~uti~l~~tiT ~d'cu~'~~~~,9,-
Annika M. Santalahti, Zoning Administrator
NOTICE: This decision shall become final unless an appeal to the City Council, in writing, accompanied
by an appeal fee, is filed with the City Clerk within 15 davs of the date of the signing of this decision or
unless members of the City Council shall request to review this decision within said 15 days.
DECLARATION OF SERVICE BY MAIL: I do hereby declare under penalty of perjury that on the date set
forth below, I did deposit, in the United States Mail, a copy of the decision to the applicant and did forward
a copy to the City Clerk. .
DATE: October 21, 2002 ~~,~,/s~, ,{' ~/J,~'/'
Patricia Koral, Senior~ord Processing Operator
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