PC 2003/05/05Cll"Y OF AIVAFiEIM
PLANNING CO~/II~ISSION AGEN®A -
MAY 5, 2003
Council Chambers, City Hall
200 South Anaheim Boulevard, Anaheim, California
CALL TO
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RECONVENE TO PUBLIC
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PLEDGE OF ALLEGIAPJG
PUBLIC COMMENTS
CONSENT CALENDAR
PUBLIC HEARING ITEMS
ADJOURNMENT
MORNIPlG SESSI
SSION ON VARIOUS
VANDERBILT
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05-05-03
Page 1
RECONVENE TO PUBLIC HEARING AT 1:30 P.M.
PUBLIC COMMENTS:
_ __
This is an opportunity for members of the public to speak on any item under the jurisdiction of the
Anaheim City Planning Commission or public comments on agenda items with the exception of public
hearing items.
CONSENT CALENDAR:
Item 1-A through 1-I 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.
BEPORTS AND R O~AdAENDATIOh!S
A. (a) CEQA CATEGORICAL EXEMPTION CU
(b) SPECIFIC PLAN ADJUSTMENT Nn ~ t.
William Stone, Anaheim GardenWalk LLC, 17140 Bernardo Center
.Drive Suite #300, San Diego, CA 92128, requests Specific Plan
Adjustment No. 5 to The Disneyland Resort Specific Plan No. 92-1 Project Planner:
(Pointe Anaheim Overlay) to modify Zoning and Development dherrick anaheim.net
Standards pertaining to minimum lot width, permitted architectural
projections into setback areas, spacing between driveways and sr8532dh2.doc
permitted signage in the Pointe Anaheim Overlay. Q. S. 87
B. (a)
(b)
Dr. Howard Garber, P.O. Box 17099, Anaheim, CA 92817, requests Project Planner:
determination of substantial conformance to permit and retain an (dsee ananaheim net)
existing outdoor truck storage yard. Properly is located at 2325 West
Sequoia Avenue. s2128ds.doc
Q:S. 31
C. (a) CEfJA NEGATIVE DECLARATION (PREVIOUSLY APPROVED(
(b) TENTATIVE TRACT MAP NO 16412
(TRACKING NO. SU62003-00005)
Olson Urban Housing, LLC, 3020 Old Ranch Parkway, Suite 400, Seai
:Beach, CA 90740, requests review and approval of a traffic calming Project Planner:
plan for apreviously-approved 26-unit detached single-family (cwaonerlrDanaheim net)
residential condominium subdivision. Property is located at 226 North
Rio Vista Street. sr1113cw.doc
Q.S. 133
D. (a) CEQA NEGATIVE DECLARATION (PREVIOUSLY APPROVED(
(b) VARIANCE NO. 2001-04432
Don Skjerven, 1020 North Batavia Street, Unit Q, Orange, CA 92867- Project Planner:
5529, requests a retroactive extension of time to comply with (evambaora~anaheim net)
conditions of approval for a previously approved 2-lot single-family
residential subdivision. Property is located at 1628 West Orangewood sr3018ey.doc
Avenue. Q.S. 59
05-OS-03
Page 2
E. (a)
(b)
(c)
City of Anaheim, Planning Department, 200 South Anaheim
Boulevard, Anaheim, CA 92805, requests Planning Commission
initiation of the following for annexation of properties into the City of
Anaheim:
Area No. 1 -Properties north and south of Orangethorpe Avenue,
west of Kellogg Drive. A General Plan Amendment to the Land Use
Element Map of the General Plan redesignating a cluster of properties
from the Low Density and Low-Medium density residential land use
designations to the Low-Medium Density residential land use
designations, and initiation of a reclassification of several properties
from the County of Orange zoning designation, R1 "Single-Family
Residential" to the RS-5000 (Residential, Single Family) Zone or a less
intense single-family residential zone.
Area No. 2 -Properties west of the Santa Ana River, east of the
Orange Freeway, south of South Street, and north of Cerritos Avenue;
A reclassification of several properties from the County of Orange
zoning designation, A1, General Agriculture, to the RS-A-43,000
(Residential/Agriculture) Zone,
Area No. 3 -Properties south of the Riverside Freeway, north of
Lincoln Avenue, divided by Glassell Street.
A reclassification of several properties from the County of Orange
zoning designation, A1, General Agriculture, to the RS-A-43,000
(Residential/Agriculture) Zone.
F. (a) CEQA 15061 fb)(31 GENERAL RULE
(b) RECLASSIFICATION N0.2003-00102
City of Anaheim, Planning Department, 200 South Anaheim
Boulevard, Anaheim, CA 92805, requests initiation of Reclassification
proceedings for the Colony Historic District as requested by the
Anaheim Colony Neighborhood Council. Properties are located within
nine study areas in the Colony Historic District as identified iri the staff
report.
Project Planner:
(avazo uez(a)a naheim. net)
sr8596av.doc
Q.S,124,125,126,134,
135, 136, 141, 142,
146 & 171
Project Planner.
(cfioresfa~anaheim. n et)
sr8588cf.doc
Q.S. 62, 63, 71, 72, 73 & 83
O5-05-03
Page 3
G. (a)
H. {a)
County of Orange, Attn: Stephen L. Chaffee, 401 Civic Center Drive
West, P.O. Box 808, Santa Ana, CA 92701, requests determination of
substantial conformance with the Anaheim General Plan to amend an
existing lease of office and garage space to the County of Orange,
Office of the District Attorney. Property is located at 2100 East Howell
Avenue, Suite Nos. 406, 407, 408 and 409.
Max Rasouli, Orange County Water District, 10500 Ellis Avenue,
Fountain Valley, CA 92708, requests determination of substantial
conformance with the Anaheim General Plan to construct equipment
buildings at three Orange County Water District retarding basins.
Properties are located at 3151 East Miraloma Avenue (Miller Basin),
2941 East Lincoln Avenue (Five Coves Basin) and 1150 North
Lakeview Avenue (Desilting Pond #3).
Receiving and approving the Minutes from the Planning Commission
Meeting of April 21, 2003. (Motion)
Project Planner:
(twhite ananaheim.net)
sr1144tw.doc
Q.S. 117
Project Planner:
(twhite(a~an a hei m. Hell
sr1143tw.doc
Q.S. 136, 142, 178
OS-05-03
Page 4
PUBLIC HEARING ITEMS:
2a.
2b.
2c.
AGENT: Leon Alexander, Briggs and Alexander, 558 South Harbor
Boulevard, Suite 100, Anaheim, CA 92805
LOCATION: 1000 West Lincoln Avenue. Property is approximately
0.35-acre, located at the southwest comer of Lincoln
Avenue and Illinois Street (Thomas Liquor).
Conditional Use Permit No. 2003-04669 - To permit the retail sales of
alcoholic beverages for off-premises consumption in conjunction with an
existing legal non-conforming convenience market.
Determination of Public Convenience or Necessity No. 2003-00010 -
To upgrade an existing Type 20 (Off-Sale Beer and Wine) to a Type 21
(Off-Sale General Alcohol) alcoholic beverage license to permit the retail
sales of alcoholic beverages for off-premises consumption within an
existing legal non-conforming convenience market.
Continued from the March 24, 2003, April 7 and April 21, 2003 Planning
Commission meetings.
CONDITIONAL USE PERMIT RESOLUTION NO.
DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY
RESOLUTION NO.
3a.
3b.
(TRACKING NO. CUP2003-04682 )
OWNER: Robshan Inc., 3210 Belt Line Road #140, Dallas, TX 75234
AGENT: Bryan Kahng, Press Box Sports Bar and Grill, 480 North
Glassell Street, Anaheim, CA 92806
LOCATION: 480 North Glassell Street. Property is approximately
0.59-acre, located at the southeast comer of Glassell Street
and Frontera SVeet (Press Box Sports Bar and Grill).
Request reinstatement of this permit by the modification or deletion of a
condition of approval pertaining to a time limitation (approved on April 8,
2002, to expire March 26, 2003) to retain three billiard tables and public
entertainment with a cover charge in conjunction with apreviously-
approved restaurant with sales of alcoholic beverages for on-premises
consumption.
CONDITIONAL USE PERMIT RESOLUTION NO.
Request for
withdrawal.
Project Planner.
(avaza uez(~ana hei m. net)
sr8586av.doc
Q.S. 63
Project Planner.
(avazouezr7a anaheim.neU
sr8591 av.doc
Q.S. 146
05-OS-03
Page 5
OWNER: Yong Sub Kim, Thomas Liquor, 1015 West Orangethorpe
Avenue, Fullerton, CA 92833
4a.
4b.
4c.
4d.
OWNER: Efisa Stipkovich, Anaheim Community Development
Department, 201 South Anaheim Boulevard, Anaheim, CA
92805
AGENT: Jae Richter, John Laing Homes, 895 Dove Street, Suite
110, Newport Beach, CA 92660
LOCATION: 501-541 South Anaheim Boulevard and 100-142 West
Santa Ana Street. Properly is approximately 5.6 acres,
located at the southwest comer of Anaheim Boulevard and
Santa Ana Street (Trucking Site).
VARIANCE N0.2003-04558 -Request waivers of: a) minimum structural
setback adjacent to a collector street, b) minimum structural setback
adjacent to an arterial highway, and c) required recreational leisure area
to construct 20 detached and 36 attached "affordable" single-family
dwelling units with incentives in lieu of a density bonus.
TENTATIVE TRACT MAP NO. 16492 - To establish a 21-lot, 56-unit
detached and attached single-family residential subdivision.
COUNCIL POLICY NO. 542 -Waiver of Council Policy pertaining to
sound attenuation for single-family residences adjacent to railroad right-
of-way,
VARIANCE RESOLUTION NO.
Sa. CEQA CATEGORICAL EXEMPTION -CLASS 11
5b. WAIVER OF CODE REQUIREMENT
5c. CONDITIONAL USE PERMIT NO. 2003-04679
OWNER: John Carlson, City of Fullerton, 303 West Commonwealth
Avenue, Fullerton, CA 92832
AGENT: Roger Stahihut, 621 South Clementine Street, Anaheim,
CA 92801
LOCATION: 827 West La Palma Avenue. Property is approximately
5.8 acres having a frontage of 569 on the north side of La
Palma Avenue, located 570 feet west of the centerline of
Harbor Boulevard..
To construct a parking lot accessory to an existing church with waiverof
setback for institutional uses adjacent to a residential zone.
CONDITIONAL USE PERMIT RESOLUTION NO.
Request for
continuance to
May 19, 2003.
Project Planner:
(cwagner ananaheim.net)
sr1115cw.doc
Q.S. 84
Project Planner:
(vnorwoodCrDanaheim.nef l
sr8593vn.doc
Q.S. &0
OS-05-03
Page 6
6a.
6b.
6c.
6d.
AGENT; Michael McCormick, McCormick Construction, Co., 2507
Empire Avenue, Burbank, CA 91504
LOCATION: 1501-1551 South Douglass Road. Property is approximately
7.25 acres, having a frontage of 1,560 feet on the west side of
Douglass Road, located 690 feet north of the centerline of
Katella Avenue.
CONDITIONAL USE PERMIT NO. 2003-04686 -Request to permit a
vocational school within a new office building and accessory commercial
event parking with waivers of: a) minimum number of parking spaces, and b)
minimum landscaped setback abutting a freeway.
FINAL SITE PLAN N0.2003-00003 -Requests review and approval of a
final site plan to construct two-story office building within the SE (Sports
Entertainment) Oveday Zone.
CONDITIONAL USE PERMIT RESOLUTION NO.
7a. CEQA NEGATIVE DECLARATION
7b. CONDITIONAL USE PERMIT NO. 2003-04685
OWNER: Carl J. Lugaro, 1145 Glenview Drive, Fullerton, CA 92835
AGENT: George Hoeing, Western States Engineering and
Construction, Inc., 733 North Main Street, Orange CA 92868
LOCATION: 590 and 510-542 North Magnolia Avenue. Parcel 1:
Property is approximately 0.49-acre, located at the southeast
comer of Magnolia and Crescent Avenues. Parcel 2:
Properly is approximately 4.05 acres, located south and east
of the southeast comer of Magnolia and Crescent Avenues.
Request to construct an automobile car wash facility with an .accessory fast
food restaurant and accessory retail sales.
CONDITIONAL USE PERMIT RESOLUTION NO.
Request for
continuance to
May 19, 2003.
Project Planner:
(avazc u ez Cad a n a h e i m: n et)
sr8595av.doc
Q.S. 127
Request for
continuance to
May 19, 2003
Project Planner:
(i Dram i rez(rDa n a hetm:net)
sr5004Jr.doc
Q.S. 26
05-05-03
Page 7
OWNER: Michael Moore, Tejas Partners, 1748 West Katella Avenue,
Suite 206, Orange, CA 92867
8a. CEQANEGATIVEDECLARATION
8b. WAIVER OF CODE REQUIREMENT
8c. CONDITIONAL USE PERMIT N0.2003-04684
OWNER: Alex Abary, 8192 Hynes Road, Anaheim, CA 92804
AGENT: Adrianna Rubio, 1624 West DudieyAvenue, Anaheim, CA
92802
LOCATION: 700 West Orangewood Avenue. Property is
approximately 0.18-acre, located at the southwest comer of
Orangewood Avenue and Mallul Drive.
Request to permit a W.I.C. (Women, Infant and Children) store to
establish land use conformity with existing zoning code land use
requirements for a legal nonconforming commercial retail center and with Project Planner:
waiver of minimum number of parking spaces. tevambao(a anaheim.netl
CONDTIONAL USE PERMIT RESOLUTION NO. sr3017ey.doc
Q.S. 78
9a. CEQA NEGATIVE DECLARATION
9b. WAIVER OF CODE REQUIREMENT
9c. CONDITIONAL USE PERMIT N0.2003-04683
OWNER: Chinh K. Ngo, 1300 South State College Boulevard,
Anaheim, CA 92806
LOCATION: 1300 South State College Boulevard. Property is
approximately 0.65-acre having a frontage of 126 feat on
the east side of State College Boulevard, located 425 feet
north of the centerline of Winston Road.
Request to permit and retain an existing outdoor building and materials
storage yard in conjunction with a the warehouse with accessory retail Project Planner:
sales with waiver of minimum number of parking spaces (vnorwood(o~anaheim.netl
.
CONDITIONAL USE PERMIT RESOLUTION NO. sr8589vn.doc
Q.S. 116
OS-05-03
Page 8
10a. CEQA CATEGORICAL EXEMPTION • CLASS 1
10b. VARIANCE NO. 1229
(TRACKING NO. VAR2003-04559)
OWNER: Gregory Parkin, 2500 West Orangethorpe Avenue #V,
Fullerton, CA 92833
LOCATION: 823 South Beaeh Boulevard. Property is approximately
1.3 acres having a frontage of 192 feet on the west side of
Beach Boulevard, located 975 feet north of the centerline of
Ball Road (Covered Wagon Motel).
City-initiated request to amend or delete conditions of approval pertaining
to the operation of an existing motel.
VARIANCE RESOLUTION NO.
11a. CEQA CATEGORICAL EXEMPTION -CLASS 1
116. CONDITIONAL USE PERMIT NO. 3928
(TRACKING NO. GUP2003-04690)
OWNER: Bhakta Prahalad, 420 South Beach Boulevard, Anaheim,
CA 92804
LOCATION: 420 South Beach Boulevard. Property is approximately
0.76-acre, having a frontage of 137 feet on the east side of
Beach Boulevard, located 530 feet north of the centerline of
Orange Avenue (Best Budget Motel).
City-initiated request to amend or delete conditions of approval pertaining
to the operation of an existing motel.
CONDITIONAL USE PERMIT RESOLUTION NO.
Project Planner:
(evambao(a~ an aheim: n et)
sr3020ey.doc
Q.S 10
Project Planner:
(evambao(a~an aheim. n et)
sr301&ey.doc
Q.S. 13
05-05-03
Page 9
12a. CEQA CATEGORICAL EXEMPTION -CLASS 1
12b. CONDITIONAL USE PERMIT P)OS. 244 AND 564
(TRACKING NO. CUP2003-04691)
OWNER: Ritz Realty, 2030 Arden Way, Sacramento, CA 95825
LOCATION: 1800 West Lincoln Avenue. Property is approximately
0.84-.acre, having a frontage of 102 feet on the south side
of Lincoln Avenue, located 785 feet east of the centerline of
Broadview Street (Executive Inn).
City-initiated request to amend or delete conditions of approval pertaining Project Planner:
to the operation of an existing motel. (evambaoCa~anaheim.netl
CONDITIONAL USE PERMIT RESOLUTION NO. sr3019ey.doc
Q:S. 47
13a. CEQA NEGATIVE DECLARATION
13b. RECLASSIFICATION NO. 2003-00096
OWNER: Robert L. Wetzler, 31722 Paseo Terraza, San Juan
Capistrano, CA 92675
LOCATION: 1218 South Beach Boulevard and 2954-84 West Bali
Road. Property is approximately 2.4 acres, located at the
southeast comer of Beach Boulevard and Ball Road.
City-initiated (Planning Department) request for reclassification of the
properties from the CH (Commercial, Heavy) and CL (Commercial, Project Planner:
Limited) zones to the CL (Commercial.
Limited) zone
or a less intense (avazauez ananaheim.net)
,
,
zone.
sr8590av.doc
RECLASSIFICATION RESOLUTION NO. Q.S. 15
ADJOURN TO MONDAY, MAY 19, 2003 AT 11:00 A.M. FOR
PRELIMINARY PLAN REVIEdV.
OS-O5-03
Page 10
CERTIFICATION OF POSTING
I hereby certify that a complete copy of this agenda was posted at:
(TIME) (DATE)
LOCATION: COUNCIL CHAMBER DISPLAY CASE AND
COUpNCIL DISPLAY KIOSK
SIGNED: ~~>~"" '+~~'-"„'~
If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this notice, or in a written
correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing.
RIGHTS OF APPEAL FROM PLANNING COMMISSION ACTION
The action taken by the Planning Commission this date regarding Reclassifications, Conditional Use
Permits and Variances shall be considered final unless, within 22 days after Planning Commission action
and within 10 days regarding Tentative Tract and Parcel Maps, an appeal is filed. This appeal shall be
made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the
City Clerk.
The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing
before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing.
ANAHEIM CITY PLANNING COMMISSION
In compliance with the American with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the Planning Department, (714) 765-5139: Notification 48 hours prior to the
meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
Recorded decision information is available 24 hours a day by calling the Planning Department's
Automated Telephone System at 714-765-5139.
05-05-03
Page 11
Cl1LE
2003
__
MAY 19
JUNE 2
JUNE 16
JUNE 30
JULY 14
JULY 28
AUGUST 11
AUGUST 25
SEPTEMBER 8
SEPTEMBER 22
OCTOBER 6
OCTOBER 20
NOVEMBER3
NOVEMBER 17
DECEMBERI
DECEMBER 15
DECEMBER 29
05-05-03
Page 12
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The Disneyland Resort Specific Plan No. 92-1 _ Point Anaheim Project Area
Date: May 5, 2003
Scale: Graphic
Initiated By: ANAHEIM GARDENWALK, LLC Q.S. No. 87
REQUEST FOR SPECIFIC PLAN ADJUSTMENT NO. 5 TO THE DISNEYLAND RESORT
SPECIFIC PLAN NO. 92-1 ZONING AND DEVELOPMENT STANDARDS.
694
LEGACY
CORPORATION
Apri122 2003
Ms. Della Hemck
Planning Department
City of Anaheim
200 South Anaheim Boulevard
Anaheim, CA 92803
RE: Anaheim GardenWalk -Request for Code Adjustments to The Disneyland Resort
Specific Plan (SP 92-1)
Dear Della:
Based on our meetings over the last few months related to the implementation of the first
phase of development of Anaheim GardenWalk, and in accordance with Section
18.78:040 (Methods and Procedures for Specific Plan Implementation) of The
Disneyland Resort Specific Plan, Anaheim GazdenWallc, LLC is requesting Specific Plan
Code Adjustments related to minimum lot widths, driveway sepazation and spacing,
azchitectural projections and signage.
Section 18.78.040.050 (Specific Plan Amendments) of the zoning and development
standards of The Disneyland Resort Specific Plan requires that amendments to The
Disneyland Resort Specific Plan be processed in accordance with the requirements of
Chapter 18.93 (Specific Plans) of the Anaheim Municipal Code. Section 18.93.090 of
the Anaheim Municipal Code (Specific Plan Adjustments) includes provisions for the
.adoption of Specific Plan Code Adjustments. We have enclosed the proposed Specific
Plan Code Adjustment for your review.
The purposes of the Specific Plan Code Adjustments, as reviewed with City staff, are: 1)
to address unique site considerations (in the cases of minimum lot widths at street
frontages and driveway separation and spacing); 2) to provide for consistency between
the Anaheim Resort Specific Plan and The Disneyland Resort Specific Plan (in the case
of azchitectural projections); and 3) to address the proposed Final Site Plan for Phase
lA/IB, while at the same time ensuring compliance with the intent of the Section 5.0,
Design Plan, and Section 7.0, Zoning and Development Standards, of The Disneyland
Resort Specific Plan (in the case of signage).
The requested Specific Plan Code Adjustments will not result in environmental impacts
beyond those previously identified in Modified Mitigation Monitoring Plan No. 004 for
the Anaheim GardenWalk project.
17140 Bernardo Center Drive, Suite 300, San Diego, CA 92128
{858) 675.9400 FAX (858) 675-9405
We appreciate your review of our request for the enclosed Code Adjustments. If you
have any questions, please contact me at (858) 675-9400.
Sincerely,
~---_~
Wiiliam J. Stone, CSM
Manager, Anaheim GardenWalk, LLC
Enclosure
cc: Linda Johnson
Mary McCloskey
Peri Muretta
Annika Santalahti
Geoff Sherman
Page 2
(A) Delete (e) of subsection .0203 to Section 18.78.105 (Pointe Anaheim Overlay) as
follows:
.0203 All conditional uses and structures listed in subsection 18.48.070.040 entitled,
"CONDITONAL USES AND STRUCTURES" of the Anaheim Municipal Code
which implements the list of uses described. in subsection 18.78.105.30 entitled
"POINTEANI-~IM DENSITY" of the Anaheim Municipal Code as further
described below:
(a) Specialty RetaiUEntertainment Center with integrated management and a
festive theme orientation and plaza/pedestrian-oriented amenities with the
following types of uses:
(1) Banking facilities.
(2) Children's, men's, and women's appazel, shoes, jewelry and
.accessories.
(3) Entertainment facilities (amusement azcades, skating rinks, outdoor
recreational playground areas).
(4) Shopping services.
(5). ..:Specialty merchandise, gifts and toys,
(6) Transportaton/travel services including an automobile rental agency
office with (no on-site vehiculaz storage).
(7) Radio and television studio to enable live and/or taped broadcast
facilities at the site....
(8) Baby-sitting services.
(9) Fast-food/food court-type and walls-up/specialty restaurants.
(10) Enclosed and semi-enclosedfull-service and theme-type
restaurants/nightclubs with or without on-site sale and consumption of
beer, wine, and alcoholic beverages and associated entertainment uses
(billiazds, dancing, live and recorded performances).
(I1) Art galleries/museums.
(12) Aquarium...
(b) Outdoor events/uses held within the confines of Pointe Anaheim, out of view
of the public right-of-way and not directed towazds the public right-of--way
including open-air festival events oriented towazds tourists and guests for
public gatherings, speeches, concerts, presentations, or shows; outdoor
booths, kiosks and stands; and, outdoor special fighting effects.
(c) Theater, including dinner, legitimate or motion picture theaters, performance
theaters or night clubs, and indoor amphitheaters (the square footage of the
indoor amphitheater use would be deducted from the maximum project
square footage).
(d) Pazking/transportation facilities for automobiles, buses, shuttles, and taxis.
(f) Murals.
l ofb
(B) Add new subsection .070 to Section 18.78.105 (Pointe Anaheim Overlay) as follows:
.070 Minimum Lot Width. Lots shall comply with the minimum lot width provisions of
.....:...... .
paragraph .0704 of subsection .070 (Structural Height and Lot Width Requirements)
of Section 18.78.050 (Land Use and Site Development Standards -General).
Notwithstanding the foregoing, lots in the Pointe Anaheim Overlay must have a
minimum cumulative frontage of one hundred seventy five (175) linear feet,
provided that an unsubordinated covenant satisfactory to the Planning Department
and the City Attorney's Office is recorded with the Orange County Recorder
requiring development of the lots in compliance with Conditional Use Permit No.
4078 as part of the Lifestyle Retail and Entertainment Complex approved therein.
(C) Add new subsection .080 to Section 18.78.105 (Pointe Anaheim Overlay) as follows:
.080 Balconies and Architectural Projections Permitted. Balconies and azchitectural
projections may encroach a maximum of three (3) feet into the minimum required
building setback adjacent to any ultimate public right-of--way.
(D) Add new subsection .090 to Section 18.78.105 (Pointe Anaheim Overlay) as follows:
.090 Driveway Spacing.' All driveway spacing shall comply with paragraph .1202 of
subsection .120 (Pazking Space and Access Design) of Section 18.78.110 (Off-Street
Pazking and Loading Requirements), provided that a minimum distance between
driveways of twenty five (25) feet maybe permitted if one of the driveways is
limited to emergency access only, subject to the .approval of the City Traffic and
Transportation Manager.
(E) Amend Subsection .0201(6) of Section 18.78.130 as follows:
(b) Pointe Anaheim Overlay. Sign standazds and regulations contained within this
section shall apply to development in the Pointe Anaheim Overlay subject to the
following exceptions:
(1) Signs, objects or structures located in the interior azeas of the Pointe Anaheim
Lifestyle Retail and Entertainment Complex shall be exempt from the
requirements set forth in Section No. 18.78.130 (Sign Regulations). Signs,
object or structures shall be considered to be located in an "interior" azea for
the purposes of this section if they aze:
[a] Not visible to pedestrian or vehiculaz traffic in the public right-of--way
at an equal elevation as the Pointe Anaheim property line measured at
five (5) feet above grade of the sidewalk on the opposite side of the
street from the Pointe Anaheim project; or
2 of 6
[b] At least 160 feet from the. adjacent public right-of--way or correspond
with the setback. of the last building bordering the view corridor,
whichever is further as shown on Exhibit 5.8.3.£5 entitled "Pointe
Anaheim Interior Signage and Icon/Themed Signage Element," and
aze visible only to pedestrian and/or vehiculaz traffic through limited
view corridors at the entrances to the Pointe Anaheim Lifestyle Retail
Entertainment Complex. (as shown on Exhibit 5.8.3.f.5). The final
dimensions of the view corridor shall be shown on the Final Site Plan,
and shall not exceed the corridor widths shown on Exhibit 5.8.3.£5.
(2) Icon/themed signage elements as, defined in subpazagraph .0602(3) of
subsection 18.78.130.060 (Business and Identification Signs) may be
permitted subject to the approval of a conditional use permit as set forth in
subpazagraph .0602(e) of subsection 18.78.130.060 (CONDITONAL
PERMITTED SIGNS) of this Chapter.
(3) On-site Informational Regulatory and Directional ("IRD") Signs. IRD Signs
visible from the public right-of--way shall comply with the following:
[a] The maximum sign azea shall be eight (8) square feet;
[b] The design, location and number of sign shall be approved as part of
the Coordinated Signage Program with the Final Site Plan for the
Lifestyle Retail and Entertainment Complex.
[c] If a company symbol or logo is included in the sign copy, said symbol
or logo shall occupy a maximum of twenty-five percent (25%) of the
sign azea..
[d] An IItD sign may encroach into the required minimum setback
abutting the adjacent public right-of--way provided that the location of
the sign shall comply with Engineering Standazd Detail No. 137
entitled "Commercial Drive Approach relating to line-of--sight
standazds."
(4) Projecting Signs. Projecting Signs shall comply with the following:
[a] The maximum sign projection shall be forty (40) inches as measured
from the building wall and may encroach into the required setback
azea adjacent to the public right-of--way.
[b] Not more than one (1) projecting sign shall be permitted per
storefront; provided, however, that in the case of a storefront that is
located on a street comer, two (2) projecting signs may be permitted if
both projecting signs will not be visible at the same time from any one
point along the adjacent intersecting public rights-of--way.
[c] The maximum azea of each sign face shall be six (6) squaze feet.
3 of 6
[d] 'The maximum height to the top of the sign panel shall be twelve (12)
feet above the ground level directly below the sign, and the minimum
cleazance between the sign and the ground level shall not be ess than
eight (8) feet.
[e] The sign shall not project above the building wall or roofline,
whichever is lower.
[fJ The sign copy shall be limited to the name and/or logo of the
business.
(5) Parking Entry and Project Identification Signs. A Pakking Stmcture Entry
and Project Identification Sign is a wall sigr: including the name of the
project, the project logo or symbol, and/or words identifying the pazking
entrance and/or exit, which complies with the following:
[a] Disney Way and Katella Avenue. One (1) Pazking Structure Entry
and Project Identification wall sign per vehicle entrance shall be
permitted, as follows:
(i) Such sign shall have one (1) display surface, which shall be
pazallel to and in front of the exterior wall of the entrance to
the parking structure.
(ii) Such sign shall not encroach into any public right-of--way.
(iii) Such sign shall be limited to a maximum sign azea of eighty
(80) squaze feet with a maximum letter height of two (2) feet,
six (6) inches.
[b] Clementine Street. One (1) Pazkng Structure Entry and Project
Identification wall sign per vehicle entrance shall be perntted, as
follows:
(i) Such sign shall have one (1) display surface, which shall be
pazallel to and in front of the exterior wall of the entrance to
the pazking structure.
(ii) Such sign shall not encroach into any public right-of--way.
(iu) Such sign shall be limited to a maximum sign azea of twenty-
five (25) squaze feet with a maximum letter height of twelve
(12) inches...
4of6
(6) Project Idenfification Wall Signage. Project identification wall signage
shall be linuted to one (1) building wall sign or one (1) `gazden wall' sign
with the name and/or Logo of the Project, as described herein, for each street
frontage as follows:
[a] Project Identification Building Wall Sign. Each building wall sign
shall be limited to a maximum size of two hundred forty (240) squaze
feet with a maximum letter height of fifty (52) inches, and shall be
subject to the following:
(i) The maximum height of the sign shall not extend above the
top of the building eave line or roofline, whichever is lower.
(ii) The sign letters shall be located no closer than one half (0.5)
the size of the letter to the top and sides of the building wall or
facia.
(iii) Such wall signs shall not project more than twelve (12) inches
from the wall to which it is attached.
(iv) Such signs shall not be attached to the building wall with
visible supports or raceways
(v) Such signs shall consist of internally illuminated channel
letters and all raceways shall be concealed.
[b] Project Identification Garden Wall Sign. A `Project Identification
Gazden Wall Sign' is a sign identifying the project that is integrated
into a feature landscape element such as a wall or other landscape
feature that expresses the azchitectural chazacter or theme of the
Project. The allowable sign azea shall comply with pazagraph .0102
(Area of Sign) of subsection 18.78.130.010 (Defmitions), and the
requirements for a Freestanding Monument Sign as set forth in
pazagraph .0604 (Sign Standazd Matrices) of subsection
18.78.130.060 (Business and Identification Signs) of this Chapter
provided that:
(i) The feature landscape element may extend into the required
setback azea adjacent to a public right-of--way provided that a
minimum seven (7) foot setback from the public right-of--way
shall be maintained; and provided further that the element
shall comply with the City's Engineering Standard Detail No.
137 entitled "Commercial Drive Approach" relating to line-of-
sight distance standazds.
(ii) The maximum height of the gazden wall or any landscape
element shall not exceed eight (8) feet.
5 of 6
(iii) The maximum length of the garden wall shall not exceed a
length of seventy (70) feet.
(iv) Sign illumination shall be the same as permitted for`
Freestanding Monument Signs pursuant to pazagraph .0604
(Sign Standard Matrices) of subsection 18.78.130.060
(Business and Identification Signs).
6of6
pO,RIIINAl~ICE-rNO:-
c' F 5 ~ "~
~.~ t 2:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY ,
OF ANAHEIM AMENDING ORDINANCE NO.5378, AS
PREVIOUSLY AMENDED; RELATING TO SPECIFIC PLAN
ADJUSTMENT NO. S TO THE DISNEYLAND RESORT
SPECIFIC PLAN N0.92-1 (CHAPTER 18.78 OF THE
ANAHEIM MUNICIPAL CODE).
_ WHEREAS, pursuant to the procedures set forth in Chapter 18.93 of the
Anaheim Municipal Code, on June 29, 1993, the City Council of the City of Anaheim adopted
Ordinance No. 5377 amending the zoning map to reclassify certain real property described
therein into The Disneyland Resort Specific Plan Na 92-1 Zone subject to certain conditions as
.specified therein, and Ordinance No. 5378 relating to establishment of Zoning and
Development Standards for The Disneyland Resort Specific Plan No. 92-1 by the addition of
Chapter 18.78 to said Code; and
WHEREAS, on Apri112, 1994, the City Council adopted Ordinance No. 5420
amending Ordinance Nos. 5377 and 5378 relating to The Disneyland Resort Specific Plan No.
92-1, Amendment No. 1, which amendment established "District A", redesignated a portion
(approximately 9 acres) of the East Pazking Area toDisirict A, and established Zoning and
Development Standazds for District A; and
WHEREAS, on June 2Q 1995, the City Council adopted Ordinance No. 5503
amending Ordinance Nos: 5377 and 5378, as previously amended, relating to The Disneyland
Resort Specific Plan No. 92-1, Amendment No: 2, which amendment redesignated a portion
{approximately 10 acres) of the East Pazlting Area to District A; and
WHEREAS; on October 22, 1996; the City Counciladopted Ordinance No.
5580 amending Ordinance Nos. 5377 and 5378, as previously amended, relating to The
Disneyland Resort Specific Plan No. 92-1, Amendment No'. 3; which amendment encompassed
modifications to The Disneyland Resort Project including a Revised Phasing Plan;
modifications to the Specific Plan (including the Zoning and Development Standards, Design
Plan and Guidelines, and Public Facilities Plan) to implement the Revised Phasing Plan; and,
incorporation of text and graphic modifications to the document; and
WHEREAS, on September 16, 1997, the City Council adopted Ordinance No.
5613 amending Ordinance Nos. 5377 and 5378, as previously amended, relating to The
Disneyland Resort Specific Plan No. 92-1, Adjustment No. 1, which adjustment' -
encompassed standards addressing pernutted encroachments, screening requirements and height
limitations; and
WHEREAS, on July 13, 1999, the City Council adopted Ordinance No. 5689
amending Ordinance Nos. 5377 and 5378, as previously amended, relating to The Disneyland
Resort Specific Plan No. 92-1, Amendment ~Io ~4, which-amendment encompassed text and
exhibit changes throughout the Specific Pldo~ent ti reflect the establishment of the new
Pointe*Anaheim Overlay which provides for the development of the Pointe*Anaheim Lifestyle
Retail and Entertainment Complex, including amendments to the Development Plan, the"
Design Plan and Guidelines, the Public Facilities Plan and the Zoning and Development
Standards;
WHEREAS, on September 19, 2000, the City Council adopted Ordinance No.
5736 amending Ordinance Nos. 5377 and 5378; as previously amended, relating to The
Disneyland. Resort Specific Plan No. 92-1, Adjustment No. 3, which adjustment encompassed
modifications to permitted accessory uses within the Parking District and permitted
encroachments in the Theme Pazk District; and
WHEREAS, on May 1, 2001, the City Council adopted Ordinance No. 5768
amending Ordinance Nos. 5377 and 5378, as previously amended; relating to The Disneyland
Resort Specific Plan No. 92-1 Adjustment No. 4, which adjustment encompassed modification
of criteria for Informational, Regulatory. and Du•ectional (IRD) Signs visible from the Public
Rights-of--Way; and
WHEREAS, on February 26, 2002, the City Council adopted Ordinance;No.
5807 amending Ordinance Nos. 5377 and 5378, as previously amended, relating to The
Disneyland Resort Specific Plan No. 92-1, Amendment No. 5, which amendment encompassed
text and exhibit changes throughout the Specific Plan: for the. Pointe. Anaheim Overlay Lifestyle
Retail. and Entertainment Complex including amendments Yo the Development Plan, the Design
Plan and Guidelines, the Public Facilities Plan and the Zoning. and Development Standazds;
and.
WHEREAS, the proposed Adjustment No. 5 relates to various zoning and site
development standazds including, but not limited to, modifications to m;n;mum lot width,
permitted azchitectural projections into. setback areas, m;n;mum distance between driveways
and permitted. signage in the Pointe Anaheim Overlay; and.
WHEREAS, on May. , 2003, the Anaheim City Planning Commission
considered and approved the proposed Adjustment No. 5 and recommended to the City Council
that it adopt an ordinance incorporating said proposed adjustment; and
WHEREAS, pursuant to the provisions of the California Environmental Quality
Act ("CEQA"), the City Council has determined that the project is categorically exempt from
CEQA under CEQA Guidelines Section 15061(b)(3), which provides that where it can be seen
with certainty that there is no possibility that the activity in question may have a significant
effect on the environment, the activity is not subject to CEQA; and,
2
WHEREAS, the City Gouncrl,,desires4o~madify the Zoning and Development
Standards established by Ordinance N~~~`h8, a ~r~viously amended, contained within
Chapter 18.78 of the Anaheim Municipal Code applicable to The Disneyland Resort Specific
Plan No. 92-1:
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM'
DOES HEREBY ORDAIN AS FOLLOWS:
That Ordinance No: 5378, as previously amended, be, and the same is hereby, amended
to revise the Zoning and Development Standards in Chapter 18.78 of the Anaheim Municipal
Code as follows:
SECTION 1:
That Section 18.78.105 of Chapter 18.78 of Title 18 of the Anaheim Municipal
Code be, and the same is hereby, amended to read as follows:
"18.78.105 POINTE ANAHEIM OVERLAY:
.010 Purpose. The Pointe Anaheim Overlay has been established to provide for the
development of the Pointe Anaheim Lifestyle Retail and Entertainment Complex
pursuant to.the uses set forth in subsection 18.78.105.020 entitled, "CONDITIONAL
USES" of the Anaheim Municipal Code and subject to the density limitations set forth
in subsection 18.78.105.030 enfitled, "POINTE ANAHEIM DENSITY" of the Anaheim
Municipal Code, if the properties aze not developed in accordance with The Disneyland
Resort Specific Plan Pazlting District (East Pazking Area) requirements or the District A
or C-R Overlay requirements..
.020 Conditional Use and Structures:
.0201 The following buildings, structures and uses set forth in pazagraphs .0202 and
.0203 shall be permitted as part of the Pointe Anaheim Lifestyle Retail and
Entertainment Complex provided that:
(a) Conditional Use Pemut No. 4078, as amended, is approved pursuant to,
and subject to, the conditions and required showings of Section
18.03.030 entitled, "CONDITIONAL USE PERMITS (C.U.P's) -
GENERAL" of this Code;
(b) All uses and structures set forth in subsection 18.48:070.030 entitled,
"PERMITTED ACCESSORY USES AND STRUCTURES" and in
subsection 18.48.070.040 entitled "PERMITTED TEMPORARY USES
3
AND STRUCTI~tE "oftthe~n~eim Municipal Code shall be
permitted in the' Pao An~ah u'n G?verlay;
(c) With the exception of subsection 18:48.070.060.0619 entitled;
"PROHIBITED SIGNS", all uses set forth in subsection 18.48.0'74:060
entitled, "PROHIBITED USES" of the Anaheim Municipal Code shall be
prohibited in the Pointe Anaheim Overlay;
(d) All development is subject to the limitations described in Section
18.78.050 entitled, "LAND USE AND SITE DEVELOPMENT
STANDARDS -GENERAL" of the Anaheim Municipal Code; and,.
(e) The Pointe Anaheim Lifestyle Retail and Entertainment Complex shall
be designed in accordance with the Conceptual Site Plans shown in
Exhibits 5.8.3.f.1, 5.8.3.f.2, 5.8.3.f.3, 5.8.3.f.4,and 5.8.3.£5 of The
Disneyland. Resort Specific Plan document.
.0202 Hotels, including suite-type hotels, and vacation ownership resort units, as
described in subsection 18.78.105.030 entitled, "POINTS ANAHEIM
DENSITY" of the Anaheim Municipal Code.
...0203 All conditional uses and structures listed in subsection 18.48.070.040 entitled,
"CONDITIONAL USES AND STRUCTURES" of the Anaheim Municipal
', Code which implements the list of uses described in subsection 18.78.105.030
entitled "POINTS ANAHEIM DENSITY" of the Anaheim Municipal Code as
further described below:
', (a) Specialty RetaiUEntertainment Center with integrated management and a
festive theme orientation and plaza/pedestrian-oriented amenities with
the following types of uses:
(1) Banking facilities.
(2) Children's, men's, and women's appazel, shoes, jewelry and
accessories.
(3) Entertainment facilities (amusement azcades, skating rinks,
outdoor recreational playground azeas).
(4) Shopping services.
', (5) Specialty merchandise, gifts and toys.
4
(6) Transpor~tahan(travel serVaces including an automobile rental
agency o ce ~w~tli~o on-site vehiculaz storage).
(7) Radio and television studio to enable live and/or taped broadcast
facilities at the site.
(8) Baby-sitting services.
(9) Fast-food/food court-type and walkup/ specialty restaurants.
(10) Enclosed and semi-enclosed full-service and theme-type
restaurants/nightclubs with or without on-site sale and
consumption of beer, wine, and alcoholic. beverages and
associated entertainment uses (billiards, dancing, live and
recorded performances).
(11) Art galleries/museums.:
(12) Aquarium.
(b) Outdoor events/uses held within the confines of Pointe Anaheim, out of
view of the public right-of--way and not directed towards the public
right-of--way including open-air festival events oriented towazds tourists
and guests,for public gatherings, speeches, concerts, presentations, or
shows; outdoor booths, kiosks and stands; and, outdoor special lighting
effects.
(c) Theaters, including dinner, legitimate or motion picture theaters,
performance theaters or night clubs, and indoor amphitheaters (the
squaze footage of the. indoor amphitheater use would be deducted from
the maximum project square footage).
(d) Pazking/transportation facilities for automobiles, buses, shuttles, and
taxis...
(f) Murals.
:030 Pointe Anaheim Density. The maximum density for the Pointe Anaheim Over]ay shall
be as follows: 634,600 gross squaze feet of retail/ dining/ entertainment uses; three to
four hotels comprising 1,662 hotel rooms/suites (of which up to 200 units can be
developed as vacation ownership resort units) with approximately 282,071 gross squaze
5
feet of related accessory uses (the hotel rooms/,ascessory uses would encompass a
t 'i ~~:
maximum of 1,330,77] gross sq~eat)~arl; oi~~that total, an approximate 133,630
gross squaze foot azea on the top floor of the pazking structure to be used for a hotel
conference center; and, a 1,949,800 gross square foot pazking structure with 4,800
striped parking spaces and 15 bus pazking spaces at full build out with a 10,200 gross
squaze foot bus terminal/facility for airport transport and to/from sightseeing venues.
The Pointe Anaheim Overlay density is set forth in more detail in Exhibit 3:3.6b of The
Disneyland Resort Specific Plan document entitled "Pointe Anaheim Overlay
DevelopmentProgram."
.040 Maximum Permitted Heights. The maximum permitted height of structures shall be as
indicated on Exhibit 1 of the Specific Plan document entitled "Maximum Permitted
Structural Height."
.050 Interior Structural Setback and Yazd Requirements from Adjacent Interior Lots. A
ten-foot minimum setback adjacent to interior lot lines abutting the Anaheim Resort
Specific Plan No. 92-1 Zone boundary is required for structures developed under the
provisions of Section 18.78.105 entitled "Pointe Anaheim OVERLAY" of this Chapter.
.060 Setbacks from Abutting Public Rights-of--Way. The minimum setback requirements far
structures developed under the provisions of this Section shall be as described for the
base District the structure is located in with the following exceptions:
.0601 Clementine Street. Twenty (20) feet minimum; if the structure is seventy-five
(75) feet or less in heightbr thirty (30) feetminimum, if the structure is greater
than seventy-five (75) feet in height with landscaping consistent with Design
Plan Cross Section number 27.
.0602 Disney Way (formerly Freedman Way). Twenty (20) feet minimum, if the
structure is seventy-five (75) feetbr less in height or thirty (30) feet minimum, if
the structure is greater than seventy-five (75) feet in height with landscaping
consistent with Design Plan Cross Section number 17b.
.0603 Katella Avenue. Eleven (11) feet minimum, with landscaping consistent with
Design Plan Cross Section numbers 3a and 3b.
.0604 Harbor Boulevazd. Twenty-six (26) feet, minimum, with landscaping consistent
with Design Plan Cross Section number 17a.
..070 Minimum Lot Width. Lots shall comply with the minimum lot width provisions of
paragraph .0704 of subsection .070 (Structural Height and Lot Width
Requirements) of Section 18.78.050 (Land Use and Site Development Standards.-
General). Notwithstanding the foregoing, lots in the Pointe Anaheim Overlay must
6
have a minimum cumulative-.~'ron~ge of one, hundred seventy five (175) linear feet,
provided that an unsubordi~atedie~venauf'satisfactory to the Planning
.~
Department and the City Attorney's Off ce is recorded with the Orange County
RecorderYequiring development of the lots in compliance with Conditional Use
Permit No. 4078 as part of the Lifestyle Retail and Entertainment Complex
approved therein.
.080 Balconies and Architectural Projections Permitted. Balconies and architectural
projections may encroach a maximum of three (3) feet into the minimum required
building setback adjacent to any ultimate public right-of--way. [Same language as
Anaheim Resort]
.090 Driveway Spacing. All driveway spacing shall comply with paragraph .1202 of
subseetion.120 (Parking Space and Access Design) of Section 18.78.110 (Off-Street
Parking and Loading Requirements), provided that a minimum distance between
driveways of twenty five (25) feet may be permitted if one of the driveways is
limited to emergency access only, subject to the approval of the City Traffic and
Transportation Manager."
SECTION 2.'
That subsection .020 bf Section 18:78.130 of Chapter 18.78 of Title 18 of the
Anaheim Municipal Code be, and the same' is hereby, amended to read as follows:
".020 Signs-General:
.0201 Application:
{a)' Sign standards and regulations contained within this section shall apply
to all Districts and the C-R Overlay within the Specific Plan azea, except
that for theme pazk or retail entertainment center uses developed in the
Theme Pazk and Hotel Districts, the sign standards contained in this
section and other sign regulations contained within the Anaheim
Municipal Code shall onlyapply to signs within the required setback
adjacent to perimeter streets; excluding West Street/Disneyland Drive. In
the Theme Pazk .and Hotel Districts, wall signs for theme parks and retail
entertainment center uses adjacent to the required setback along
perimeter streets, excluding West Street/Disneyland Drive, shall be
`internally oriented.
(b) Pointe Anaheim Overlay. Sign standards and regulations contained
within this section shall apply to development in the Pointe Anaheim
Overlay,
7
«~ „
. subject to the following exceptions:
(1) Signs, objects or structures located in the interior areas of the
.Pointe Anaheim Lifestyle Retail and Entertainment Complex
shall be exempt from the requirements set forth in Section
No. 18.78.130 (Sign Regulations). Signs, objects or structures
shall be considered to be located in an "interior" area for the
purposes of this section if they are:
[a]f }j Not visible to pedestrian or vehiculaz traffic from the
public right-of--way at an equal elevation as the Pointe
Anaheim property line (measured five (5) feet above the
grade of the sidewalk on the opposite side of the street
from the Pointe Anaheim project; or
(2)
[bj(~j At least one hundred sixty (160) feet from the adjacent
public right-of--way or if they correspond with the setback
of the last building bordering the view comdor,
whichever is further as shown on Exhibit 5.8.3.f.5 titled
"Pointe Anaheim Interior Signage and Icon/Themed
Signage Element," and aze visible only to pedestrian
and/or vehiculaz traffic through limited view corridors at
the entrances to the Pointe Anaheim Lifestyle Retail
Entertainment Complex (as shown on Exhibit 5.8.3.f.5).
The final dimensions of the view corridor shall be shown
on the Final Site Plan, and shall not exceed the corridor
widths shown on Exhibit 5.8.3.f.5.
. [Moved to
Icon/themed signage elements, as defined in subparagraph
.0602(3) of subsection 18.78.130.060 (Business and
Identification Signs) may be permitted subject to approval of
a conditional use permit as set forth in SUBPARAGRAPH
.0602(e) of subsection 18.78.130.060 (CONDITONALLY
PERMITTED SIGNS) of this Chapter.
8
(3) On-sitelnformational,•,Regulatory and Directional ("IRD")
Signs. IRD ~igns-~isiUleFrom the public right-of-way shall
comply with the following:
[aj The maximum sign area shall be eight {8) square feet.
]b] The design, location and number of signs shall be
approved as part of the Coordinated Signage Program
with the Final Site Plan for the Lifestyle Retail and
Entertainment Complex.
[c] If a company symbol or logo is included in the sign
copy, said symbol or logo shall occupy a maximum of
twenty five percent (25%) of the sign area.
[d] An I1tD sign may encroach into the required minimum
setback abutting the adjacent public right-of-way
provided that the location of the sign shall comply
with Engineering Standard Detail No. 137 entitled
"Commercial Drive Approach relating to line-of sight
standards."
(4) Projecting Signs. Projecting Signs shall comply with the
following:
[a] The maximum sign projection shall be forty (40)
inches asmeasured from the building wall and may
encroach into the required setback area adjacent to
the public right-of-way.
[bj Not more than one (1) projecting sign shall be
permitted per storefront; provided, however, that in
the ease of a storefront that is located on a street
corner, two (2) projecting signs may be permitted if
both projecting signs will not be visible at the same
time from any one point along the adjacent
intersecting public rights-of--way.
(c] The maximum area of each sign face shall be six (6)
square feet.
[d] The maximum height to the top of the sign panel shall
be twelve (12) feet above the ground level directly
9
belovf,the ~Signrandthe minimum clearance between
ihe)S}gn~ani"t t~e g~ound level shall not be less than
eight (8) feet. -
[e] The sign shall not project above the building wall or
roofline, whichever is lower.
(5)
[fJ The sign copy shall be limited to the name and/or logo
of the business.
Parking Structure Entry and Project Identification Signs. A
Parking Structure Entry and Project Identification Sign is a
wall sign including the name of the project, the project logo
or symbol, and/or words identifying the parking entrance
and/or exit, which complies with the following:
[aj Disney Way and ICatella Avenue. One (I) Parking
Structure Entry. and Project Identification wall sign
per vehicle entrance shall be permitted, as follows:
i. Such sign shall have one (I) display surface
which shall be parallel to and in ffront of the
exterior wall of the entrance to the parking
structure.
[b~
ii. Such sign shall not encroach into any public
right-of--way.
iii. Such sign shall be limited to a maximum sign
area of eighty (80) square feet with a maximum
letter height of two (2) feet, six (6) inches.
Clementine Street. One (i) Parking Structure Entry
and Project Identification wall sign per vehicle
entrance shall be permitted, as follows:
i. Such sign shall have one (I) display surface
which shall be parallel to and in front of the
exterior wall of the entrance to the parking
structure.
ii. Such sign shall not encroach into any public.
right-of--way.
10
-iii. Such stignshall be limited to a maximum sign
~rRayo~'~vepty five (25) square feet with a
maximum letter height of twelve (12) inches.
(6) Project Identification Wall Signage. Project identification
wall signage shall be limited to one (1) building wall sign or
one (1)'gai•den wall' sign with the name and/or Logo of the
Project, as described herein, for each street frontage as
follows:
[aj Project Identification Building Wall Sign. Each
building wall sign shall be limited to a maximum size
of two hundred forty (240) square feet with a
maximum letter height of fifty (52) inches, and shall be
subject to the following:
i. The maximum height of the sign shall not
extend above the top of the building eave line
or roofline, whichever is lower.
ii. The sign letters shall be located no closer than
one half (0.5) the size of the letter to the top and
sides of the building wall or facia.
iii. Such sign shall not project more than twelve
(12) inches from the wall to which it is attached.
iv. Such sign shall not be attached to the building
wall with visible supports or raceways.
v. Such sign shall consist of internally illuminated
channel letters and all raceways shall be
concealed. [i-v are'derived from The
Disneyland Resort Siga Standards Matrix]
[b] Project Identification Garden Wall Sign. A'Project
Identification Garden Wall Sign' is a sign identifying
the project that is integrated into a feature landscape
element such as a wall or other landscape feature that
expresses the architectural character or theme of the
Project. The allowable sign area shall comply with
paragraph .0102 (Area of Sign) of subsection
18.78.130.010 (Definitions), and the requirements for a
11
Freestanding~[onument Sign as set forth in
paragr~ph~~0604 ~igr- Standard Matrices) of
subsection 18.78.130.060 (Business and Identification
Signs) of this Chapter provided that:
i. The feature landscape element may extend into
the required setback area adjacent to a public
right-of--way provided that a minimum seven
(7) foot setback from the public right-of--way
shall be maintained and provided further that
that the element shall comply with the City's
Engineering Standard Detail No. 137 entitled
"Commercial Drive Approach" relating to
line-of-sight distance standards.
ii. The maximum height of the garden wall or any
landscape element shall not exceed eight (8)
feet.
iii. The maximum length of the garden wall shall
not exceed a length of seventy (70) feet.
iv. ,Sign illumination shall be the same as
permitted for Freestanding Monument Signs
pursuant to paragraph .0604 (Sign Standard
Matrices) of subsection 18.78.130.060 (Business
and Identification Signs)).
.0202 Admirustrative Provisions -Sign Regulations. The location, size, type,
construction and all other matters relating to signs in the Specific Plan azea, with
the exception of theme pazks and retail entertainment centers in the Theme Pazk
and Hotel District, which shall be exempt from the provisions of this section and
other regulations contained within the Anaheim City Code governing signs, shall
be regulated and controlled exclusively by the provisions of this chapter except
to the extent reference is expressly made in this chapter to any other provision of
the Anaheim. Municipal Code.. In the event of any conflict between the
provisions of this chapter and any other provisions of the Anaheim Municipal
Code so referenced herein, the provisions of this chapter shall govern and
prevail. All signs and all applications shall therefore be exclusively administered
by the Planning Director except those signs which maybe sought in conjunction
with a conditional use permit or a zone variance.
12
.0203 Coordinated Sign Program-GAIL signs~on~a-property shall be designed as part of a
coordinated azchitectural,~irifarnYational, regulatory and directional sign system
with a consistent design detailing, typeface and color system. All multi-tenant
signs shall either use one consistent typeface for all tenants or use one color foi• "`
allsign copy. The capital letter heighYof all tenant identification copy shall be
the same on a single sign face. Multi-tenant wall signs shall either be all wall
signs or all canopy signs except for as provided elsewhere in this chapter for
hotel/motel accessory uses.
.0204 Resolution of Inconsistent Provisions. Notwithstanding any other provision of
:this Code to the contrary, all provisions governing signs or advertising structures
of any type in this Zone shall be contained' within this chapter; provided,
however, the provisions of Section 18.05:070 entitled "TEMPORARY SIGNS,
FLAGS, BANNERS AND BALLOONS -GENERAL," and Chapters 4.04
entitled "OUTDOOR ADVERTISING SIGNS AND STRUCTURES -
GENERAL," 4.08 entitled "OUTDOOR ADVERTISING SIGNS AND
STRUCTURES -NEAR FREE-WAYS" and 4.09 entitled "ADVERTISING OF
MOTEL AND HOTEL RENTAL RATES" of this Code shall apply to signs and
advertising structures in this zone to the extent such provisions are not
inconsistent with this' chapter:
.0205 Variances From Sign Requirements. No person shall install or maintain any sign
in the Specific Plan area excepYas permitted herein; provided, however, that any
requirements or restrictions maybe waived in whole or in part upon such
conditions as maybe imposed by the Zoning Administrator, Planning
Commission or the City Council by a zone variance processed and approved in
accordance with all procedures, requirements and restrictions established for
variances pursuant to Chapter 18.03 entitled "ZONING PROCEDURES -
AMENDMENTS, CONDITIONAL USE PERMITS AND VARIANCES" ofthe
Anaheim Municipal Code:
.0206 Signs Approved in Conjunction with Conditional Use Pernuts. Approval of any
conditional use pernut shall be deemed to constitute approval of any on-site
signs which aze otherwise permitted in the Specific Plan azea unless, as part of
the action approving the conditional use permit, more restrictive sign
requirements aze imposed.
.0207 Legal Nonconforming Signs -General. Any sign or other advertising structure of
whatever type or nature, other than an illegal sign, which violates or otherwise
does not comply with the applicable requirements of this chapter shall be subject
to compliance with the regulations'prescribed herein in the time and manner
hereinafter set forth.
13
(a) Legal Nonconforming Signs-Gc~niinuation and Ternvnation. Any legal
nonconformm `isi ` o~sign suctnre in existence on the effective date of
this chapter which violates or otherwise does not conform to the
provisions hereof shall be removed, altered or replaced so as to conform
to the requirements of this chapter (hereinafter the "abatement") either:
(1) within twelve (12) yeazs from and after the date said sign fast
becomes nonconforming to the provisions of this chapter, or
(2) on or before December 31, 2005, whichever is later; provided,
however, in no event shall such abatement be required unless and
until the owner of said. sign has received not less than one (1)
yeaz's advance written notice from the Planning Duector of the
City requiring the removal or alteration of sign.: Notwithstanding
the foregoing:
[a] Any advertising display which was lawfully erected, but
whose use has ceased;. or the structure upon which the
display exists has been abandoned by its owner, for a
period of not less than ninety (90) days,. shall be removed,
altered or replaced so as to conform to the provisions of
this chapter within six (6) months from the date of receipt
of a written order of abatement from the Planning
Director of the City requiring such abatement. Costs
incurred by the City in removing an abandoned display
shall be borne by or chazged to the legal owner of the real
property upon which said sign is located.
[b] Any advertising display structure which has been more
than fifty percent (50%) destroyed, and the destruction is
other than facial copy replacement, and said structure
cannot be repaired within thirty (30) days of the date of its
destruction shall be removed, altered or replaced so as to
conform to the provisions of this chapter within six (6)
months from the date of receipt of a written order of
abatement from the Planning Director of the City
requiring such abatement.
[c] Any advertising display, whose owner, outside of a
change of copy, requests permission to remodel and
remodels that advertising display, or expands or enlazges
the building or land use upon which the advertising
display is located, and the display is affected by the
14
constructton, enlargement, or remodeling, or the cost of
o~ sh`uchon~e'nlazgement or remodeling of the
advertising display exceeds fifty percent (50%) ofthe cost
of reconstruction of the building shall remove, alter or
replace such sign so as to conform to the requirements of
this chapter in conjunction with said project.
[d) Any advertising display for which there has been an
.agreement between the advertising display owner and the
City for its removal as of any'given date shall remove
such sign per said agreement.
[e) Any temporary advertising display erected pursuant to a
special events permit issued by the City shall be removed
as specified under Section 18.05;070 entitled
"TEMPORARY SIGNS, FLAGS, BANNERS AND
BALLOONS -GENERAL," of the Anaheim Municipal
Code or within such otherfime as expressly authorized by
the City.
[fJ Any advertising display which is an immediate danger to
public health or safety shall be removed; altered or
replaced so as to conform to the requirements of this
chapter within thirty (30) days from the date of receipt of
a written order of abatement from the Planning Duector
of the City requiring such removal or'alterafion.
[g] Any advertising display which in the opinion of the City
' Traffic and Transportation Manager constitutes a traffic
hazazd hot created by relocation of streets or highways or
by acts of the City shall be removed, altered or replaced so
as to conform to the requirements of this chapter within
thirty (30) days from the date of receipt of a written order
of abatement from the Planning Duector of the City
requiring such removal or alteration.
[h] Any other advertising display for which the City is
exempt from the payment of compensation in conjunction
with requiring its removal as specified in Chapter 2.5 of
Division 3 of the Business and Professions Code of the
State of California, or any successor provisions thereto
shall be subject to removal as specified in said Code.
15
[i) 4legal-Signs. Illegal~igns as defined in Section
18;1&,1430~0~0~ DEFIIJITIONS PERTAINING TO
SIGNS" of this chapter shall be removed, altered or
replaced so as to conform to the requirements of this
chapter within six (6) months following the effective date
of this chapter.
...0208 Regulation of Special Types of Signs -General. Notwithstanding any other
provisions of this chapter, the following special types and classifications of signs
shall be permitted subject to compliance with the limitations and conditions
prescribed herein.
.0209 Signs Required By Law. Nothing contained in this chapter shall prevent the
erection, location or construction of any sign on private property where such
erection, location or construction of said sign is required by any law; provided,
however, no such sign erected, placed or maintained pursuant to this provision
shall exceed four (4) squaze feet in azea except to the extent a greater sign azea is
expressly required bylaw.
.0210 Signs in the Public Rights-of--Way. Signs shall be prohibited in any public
rights-of--way as provided in Section 4.04.130 entitled "PROHIBITION OF
SIGNS IN THE PUBLIC RIGHT-OF-WAY" of this Code, except signs and
gateways as described in the Design Plan or on the pedestrian overcrossing on
West Street/Disneyland Drive.
.0211. Political Campaign Signs. Notwithstanding any other provision of this chapter,
political campaign signs shall be pemutted on private property provided:
(a) .Sight Distance. Such signs shall comply with the m;n;mum sight distance
requirements set forth in Subsection 18.05.093.025 entitled "MINIMUM
SIGHT DISTANCE REQUIItEMENTS FOR FREESTANDING
SIGNS" of this Code;
(b) Code Compliance. Such signs shall comply with the provisions of
Section 4.04.130 entitled "PROHIBITION OF SIGNS IN THE PUBLIC
RIGHT-OF-WAY" of this Code; and,
(c) Title 15 Compliance. Any structure to which a political sign is attached
.shall comply with all applicable provisions of Title 15 "Building and
Housing" of the Anaheim Municipal Code, except that no building
permit shall. be required for a temporary political camgaign sign having a
surface. azea of thirty-five (35) square feet or less and which structure is
removed within one hundred and twenty (120) days of its erection or
16
placement, or within thrrty (30),da~s after the election to which the sign
relates, whichever~oc~cur~~Crst:"
SECTION 3.
The City Council of the City of Anaheim hereby declazes that should any
section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declazed
for any reason to be invalid, it is the intent of the Council that it would have passed all other
portions of this ordinance independent of the elimination herefrom of any such portion as may
be declazed invalid.
SECTION 4.
Neither the adoption of this ordinance nor the repeal of any other ordinance of
this City shall in any manner affect the prosecution for violations of ordinances, which
violations were committed prior to the effective date hereof, nor be construed as a waiver of any
license or penalty or the penal provisions applicable to any violation thereof. The provisions of
this ordinance, insofaz as they aze substantially the same as the same subject matter, shall be
construed as restatements and continuations, and not as new enactments.
SECTION 5.
It shall be unlawful for any person, firm or corporation to violate any provision
or to fail to comply with .any of the requirements of this ordinance. Any person, firm or
corporation violating any provision of this ordinance or failing to comply with any of its
requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be
punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not
exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm or
corporation shall be deemed guilty of a sepazate offense for each day during any portion of
which any violation of any of the provisions of this ordinance is committed, continued or
permitted by such person, firm or corporation, and shall be punishable therefor as provided for
in this ordinance.
THE FOREGOING ORDINANCE is approved and adopted by the City Council of the
City of Anaheim this day of , 2003.
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
49215.1lSMANN/May2, 2003
17
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~~~~'~ RCL 53-54-24
SMALL WDUSTRIAL .TIN~(n 66-07-14
FIRMS m~°N CUP 3083
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SMALL INDUSTRIAL
FRMS
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RCL 60-61-102
CUP 2003-04695
CUP 1898
CUP 689
SMALL COMM.
SHOPS
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O.C. UP NO. 2490
VACANT
RS-A-43,000 (BCC) as eaesa~+
TTM 16359
RCL 2002-00077
VAR 2002-04512
ADJ 2002-00232
GPA 2002-00404
GPC 2001-00003
(BROOKHURST COMMERCIAL
CORRIDOR OVERLAY ZONE)
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Conditional Use Permit No. 1898 ~~~ Subject Property
TRACKING NO. CUP2003-04695 Date: May 5, 2003
Scale: 1" = 200'
Requested By: DR. HOWARD GARBER Q.S. No. 31
REQUEST FOR DETERMINATION OF SUBSTANTIAL CONFORMANCE TO PERMfT
AND RETAIN AN EXISTING OUTDOOR TRUCK STORAGE YARD..
365'~~
SEQUOIq gVENUE
2325 West Sequoia Avenue 664
ATTACHMENT - R6R 1-R
MEMORANDUM
CITY OF ANAHEIM
DATE:
Code Enforcement Division
APRIL 16, 2003
TO: DAVID SEE, SENIOR PLANNER
FROM:. CHRIS MARTEL, CODE ENFORCEMENT OFFICER
SUBJECT: 2325 WEST SEQUOIA AVENUE
On November 15, 2002, .Code Enforcement staff received a citizen's. request fore service
regarding commercial vehicles stored at 2325 West Sequoia Avenue.
A check of Code Enforcement records revealed that staff has issued six Notices of Violation
for numerous violations of the Anaheim Municipal Code since February of 2000. All the
notices were issued to the property owner of record Dr. Howazd Gazber and include the
following violations:
® Storage of hazazdous materials
® Graffiti
Overgrotivn vegetation
o Refuse and waste
® Portable signs
® Inoperable vehicles
On November 16, 2002, I conducted an inspection of the property and observed several semi-
trucks and forty-foot trailers stored on the east side of the property. I returned to the office to
review City records. Business License records revealed that Diamond Transport and Storage
obtained a City of Anaheim Business License at the location for office use only. Planning and
Zoning records indicate the property is zoned "CL" (Commercial Limited) with the existence
of one Conditional Use Permit. The Planning Commission approved the Conditional Use
Permit #1898 on November 6, 1978 for use as a construction storage yard. Therefore, the
storage of commercial vehicles on this property is neither an approved use in a "CL" zone or
by the existing Conditional Use Permit.
On November 26, 2002, a Notice of Violation was sent to the property owner of record, Dr.
Howazd Garber and the business owners Eric Huerta, Sergio De La Vega and Soccoro De La
Vega. The notice advised them to cease conducting the unpermitted truck storage business
and remove the commercial vehicles stored on the property.
DIAMOND TRANSPORT AND STORAGE
2325 W. SEQUIOA AVE. _
PAGE 2 OF 2
On January 29, 2003, I conducted a reinspection of the property and found the same violations
existed that were observed on the previous inspection. However, Dr. Garber contacted
Planning and Zoning staff and requested to have this item reviewed by the Planning
Commission
Since January of 2003, I have received approximately 25 telephone calls from neighboring
residential property owners regazding numerous issues allegedly occurring on the property,
Residents have complained. that semi-trucks aze obstructing the thoroughfaze, blocking
residential driveways, idling engines and blowing their air horns in the azea disturbing the
residents of the Freeway Park neighborhood. Code Enforcement staff has conducted
numerous inspections of the property but has not observed the alleged violations. It should be
noted that the residents state thaYmost of the violations occur in the late evening when Code
Enforcement staff is unavailable.
If you have any questions or need further assistance regazding this matter please contact me at
ext. 4476. Thank you.
CM
2535 w sequoia eve
' ATTACHMENT - RbR 1-B
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This facsimile is for the information of the person or persons designated wales otherwise
indicated. Pease bring it to their attention. if the fax transmission is incomplete or defective,
Dr. J~oward D. Gander p`~ ~~ ®p~ (714) 99&6~7.
Post Office Bax 17D99 Fax : 2 8 2-8 6 8 3
Anaheim, Celiiorna 92817
3ubj: Lease ®>f pt'eaniiaes to I)iaffi®aeel'I'ransp®rt and ~torag~
'This follows zny telecoms with Kevin Hass and David See re the matter of our leasing the
referred to property to Diamond 'Transport and Storage. The new tenant Robert Griffin, CFO
for the company, had informed me that he'd been denied a business license after moving into
the premises, cleaning and occupying the lot and doing extensive renovations to the building
interior. Hut this is not the first time that a new tenant has had such an experience. Our last
previous tenant was Adrien Lopez, a contractor who did trucking and demolition work, and
used the entire storage lot for heavy equipment, storage bins, and trucks/trailers. I recall his
phoning me initially re the same problem, and it necessitated my going to the City Hall to
resolve the matter. I was informed the denial was an error, and a business license was granted.
Your records will indicate we'd obtained a Conditional Use Permit many years ago, and
have had various contractors and heavy equipment and trucks using the facility and yard over
the years. We purchased subject property in the 60's and have had a variety of businesses and
contractors with heavy equipment occupying the property over those years. Our new tenants
are an improvement over the past noisy and cluttered operations.
Among others, we've had a plastering contt~actor, roofing contractor, fumigation and
termite control company, and the referred to A&L Demolition Co (that left a mess). The
current tenants are cleaner and Quieter than most all others that have been there over the veers.
They have no more than four trucks there at arty one tinne, and their "coming and going" is
relatively infrequent. A much larger trucking company has operated for some time across the
other side of La Palma. Considering our CUP and the trucks used by most of the other past
tenants, I'm at a loss as to the current problem (Ref. photo of one of AFL trucks on our lot.)
Under the circumstances, I am requesting the granting of the necessary business license
for my new tenants. Mrs. Garber and I will be out of town till Nov. 5, and I will contact you on
our return, hoping this matter can be resolved by then.
Cc: John Poole, Code Enforcement
Robert Griffin (714) 774-9070
Enclosure
Sincerely,
Howard Garber
Dr. ~-[award D. C3ar6er ptal ssB-soo7
PostOHiceBox17099 -+ ~~~ Fax: 282-8683
Anaheim, California 92817 „ ~ \„~ f `^,; fl
~~~ ~ ~
-- ~ _~~s
Gregory Hastings and/or David See Feb. 10, 2003
Anaheim II'anning Dept.
City Hall, 200 So. Anaheim Blvd., Anaheim, CA 92805
Re: Code Enforcement Zoning Notice re 2325 Sequoia Ave., Anaheim, CA 92801: Contested complaints
by 2 problem families: Current tenant: Diamond Transport and Storage, Inc.
This appeal follows our meeting and request for reconsideration of subject property zoning notice we received,
following complaints by persons we allege have been conducting a vendetta against us. Our problems followed
our petition supporting sale of M. Park's neighborhood market, and opposing questionable Cardenas opposition
to the sale and planned azea homes by Western Pacific Housing. (We favored the initial plan, as per the
enclosed copy of my ACRU petition. (Ref. letter of Sept. 30, 2002 to City Council and related corresp.)
We've owned referenced commercial property since Oct. 1964, except for a brief period when sold to a
contractor, taking back at trust deed which we ultimately foreclosed upon. We initially planned a 3000 sq. ft.
building comprising 7 seven small stores for the property, as per azchitectural drawings of Feb., 1965 which aze
.available. (Opposition at the time caused us to abandon the project.) Prior to our obtaining a CUP, the property
was difficult to rent, but we had various short-term tenants such as "Pat-Ma Catering"qua private school. We
received approval on Dec. 19,1978 for CUP # 1898 to permit an outdoor construction & storage yard with
waivers of maximum fence height, minimum landscaping and site screening. We were then able to lease the
property to various contactors, (e.g., Cochran Drywall; Woods Pest Control; Hugo Hernandez Contractor; B&J
Auto Repair, Albritton Surplus Sales; and A & L Trucking and Demolition, which leased the property from
April, 2000 until Oct. 2002. (Received no complaints from neighbors or Code Enf. re this tenant, and A
& L Trucking owner Adrien Lopez would still be at the property had he not developed terminal cancer.)
Diamond Transport and Storage, Inc. leased the property for one year on Oct. 7, 2002 with an option to
continue. Thev've been one of our best tenants as per my letter of Oct. 31, 2002 to Gregg McCafferty and
my fax of Dec. 4, 2002 to Chris Martel of Code enforcement. They aze not only a very clean and quiet
trucking and storage operation, but they've received no direct complaints from neighbors. We understand from
0 to 3 trucks leave the facility daily till about 5:00 pm. CEO Robert Griffin and staff are very cooperative
tenants. They will gladly discuss their operation and show their improved quarters.
I am requesting review ofthe referred to property tenants who have occupied subject property under the 1978
CUP, and am enclosine our check in the required amount of X339. 1 am prepared to submit photos which
contrast the clean operation of our current tenants compared to the mess created by some of our former_tenants.
I read the CUP and related Resolution when it was obtained, and believe our past and current tenants have been
in substantial compliance. As to resident complaints, they have been described in past correspondence to
the city, to the Anaheim PD (ref encl copies) and to my attorney as on ongoing vendetta by Michelle and
Joel Cardenas at 1015 No. Moraga and Theresa J. Spencer at 1014 N Moraga over our petition in
support of Mr. and Mrs. Mun Kyu Park. Asa "victims' rights/ consumer advocate" in my 6~h year on
Adelphia TV, I wish to face these troublesome accuser/complainants at a hearing ASAP.
Sincerely,
Cc: Plarming Commission
Robert Griffin, CEO, Diamond Transport & Storage Dr. Howard Garber
Brett Nemeth, Atty at Law
/'yG%¢ci~inoo ate( ~~~~G~~liov~~~~~>c:z~.
Dr. ~-Cozc~ard D. C3ar6er
Post Ollica Box 17099
Anaheim, Calitornia 92817
17ta1 ssa-eoo7
rex: zaz-ase3
Gregory Iflastings April27, 2003 ',
Anaheim Planning Dept. _
City Hall. 200 So. Anaheim Blvd. Anaheim, CA 92!;05 ,~ „ ~„~~
Re: Public iFlearing lvotice re CUP Jvo.1898 of 1978 qpR ~~
2325 Sequoia Ave., Anabeint 9280]
Dear Mr. Hastings:
Phis follows my faxes of Apri127, 2003 re the surprise phone call received from my tenants at the referred to
property. 1 received an official post card re the public heating only yesterday, and as stated, haven't discussed
our concerns and plans for the property with David See since 1 last spoke with you. You had suggested I might
resolve some of the problems associated with ow property via the Planning Commission I can't recal- if 1
:followed through with your suggested letter and a fee of $339, though I have a copy of my fax of March 6, 2003
indicating that I would. You indicated David See would assist us. In the mean time I attempted to meet with
Engr. Natalie Meeks and officials of Caltrans. I'd put the CUP matter aside waiting to hear from Mr. See.
At the suggestion of Ms. Meeks,! met with Caltraris officials re our interest in developing our Sequoia property
residetrtially or commercially. We showed them an architect's plan for a small strip shopping center that we
submitted to the city many years ago. The important consideration was obtaining the essentially "landlocked"
triangular parcel between the new I,a Palrna overpass and ows. As you know, we'd written both the city and
Cakrans re our interest for the past several years without success. We'd also sustained damages during the
period of Caltrans construction, but our claims against Cahrans were ignored. Further, Anaheim City officials
told us over the years that they could not assist us, as Caltrans owned the parcel. Caltrans officials said
"surplus" Caltrans property would first be offered to the city, but if the Fity had no interest in the property,
others might acquire it. They needed an official letter from the city, which we obtained. li indicated that
Anaheim had no interest in the property.
We'd been "spinning ow wheels" until ow recent meeting with Caltrans. Needless to say, we were shocked to
learn that Caltrans had deeded the property to Anaheim in 19641 Ms_ Meeks was also informed, but has yet to
reach us. Under these changed circumstances, not only has our interest in a CUP hearing re "substarrtial
conformity' changed but also, frankly, we hadn't understood the evidet-t nature of the hearing. 1 believe the
public hearing will ~ an opportunity for certain neighbors who've been harassing us, to use it as an opportunity
to furUter damage us. We do not wish to jeopardize ow CUP and/or change our tenants in view of these
described developments until these matters are resolved. The city must acknowledge their property "ownership
error" and, hopefully, will help us dc~elop subject property in a manner that would benefit both the city and us.
I suggest that you, Mr. See and Ms. Meeks again consider ow interests here at another meeting, prior to a public
Planning Commission hearing.. If we are to have a Commission hearing, we'd request that it be limited io (1)
ow ongoing interest in acquiring the adjacent parcel and, (2) ow described interest in improving and developing
the properly, and (3) our damage clairtu have been considered. We will look forward to hearing firm you or
suggested city officials here.
Sincerely,
Cc: Anaheim Planning Commission ~ - ~~
Ms. Natalie Meeks, Public Works
Brett Nemeth, Aity at ,Law Dr. }toward D. Garber
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ATTACHMENT-R&R 1-B
RESOLUTION N0. 7~:1-Fl`l
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
N0. 1896
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from ;iOlvA?_ A!"~ .7z..^.1: Utl' "^e 1'.'{~i.l) A:i'.'. 15~:' ... 1'•~OT'/.F:,
l ,~ ,...ems. !t, v
o.+ncr.; ar.d ..:'7'Y,..^,. CGC~.-.,:':, tiront, to ?crt+.t as o:..~Ioor con-
ctrL:ctlor. sLc,rt.-e .r:', 1•:itt: a w^iLer cf cr`rtt.i^ Coct• rec.,irer:ents,
O!I ta!` rCF.l i rO.rC f'L' ..^.l T,U:':C_' in t).C Cit.' :•~ Anl.h eic., vOCflt t' Of
^S^. j'C, ~~t'dtC Or ~F. ).ir0.^Ia i., 'L?GCr~he'~ P.~.
^`:(:::. P::-Y'I:'i. ~ Ji' :~_~.:, jj /ta^ 3~ OF ^.'•tA(:'i llrl L:
^_iG. CI:'Y JF G:Jui[.I;', CJJ.,:Y OF Of'AiJG}., S': A': _. OF
;:P.LI~il?;J:Li, ;\F ... !`:, •'f.P .'.' COii7LLi Ii. :."J 1' .:~,
°i. ;i:G 4j ,?:1L 4i 'J'r '.I:i(::.i.LA:ii:JJS i;GI'S, Ii. 'i':!i:
~~,. `.,. ~ ~.. ~ G.. I,,..
Ji':'I(_ O° _. ,:J ..Y ...JI) ..L'ri OF ,O.I: Ji..._i; k)'
.'.!r)2' Yi;:{'.'Ic'.:: :.)'.,.; lr.-,~ 1?~ A;IL l.'1 J:' S'ii~.::~.:.
l:'" ; I: _... ...;7:. _ J34•:Ji., ;.:'A:'. 03' :^.- --'iri:~I4,
!\:: ,..Ul' ~ .... :!t: _(•~~i.' .. II. .:'JOd. Z7, I'i,iJ...-y? j A'..
L'Ji':.°_'~ i~..l.:•.;:",_~_:. J:" 1:111 L!i(.,.:'Y, i'1'J1L' :ai~.l'.;,:,A~L]
JaS::'.I1~~U As A :::.OL:. .... FvLLOi....
:J~ il:. ~.I:i('• 1'\.• '!!"" :a:i11'... ul.Lt CJ7 ~.;".R C:. r%11:1 LQ.`
3': i :'.: ~.IV1~1. ..It:i~! ''~: ~.L\)L~(i ::. bJU'.'.'. '4~?. ~.Iu OF
S4I: ' ~~; j~;, ~., 1-7, 1>>J Al'J 1!11 A :il::':it.JCi: :'?
~'• :.1~ F11: ; :'tt E,:i: c. Y''c.; :'C:R;.Y ItJ A DI R:.C: i,I ~:I. :'J /•.
P' Li: I:. ~.... 'r:.L:~r..,:_.L':. CF :AID LG: ;;, =%1::'AL'
)Ll::ii:Li?LY^S...ti.:i,J:. ~,•.^, 1,'i~ FROH F.i~Iil ;'U?i''.:4':.'i!::.}.
.;i)S .•. it j ._. ,. .: .. _.'.a.': Pi,JI:(1 :TAIL ::i.:i:'..r`:~. .._a:.
.7'i. ? F..^. :r, .....yl':II. _ .^T' :1GGIi:.:I6fl; AP...
ATT Y-26 I~,p 1 of 1 V,9e,1
I ~G!iY O~-,QAN4Nc~IM~f
-I- ~ U ~ ~L~. _
:~.
WHEREAS, ,t
hearing upon'said aF
Anaheim, notices ofr
quired b,V '.law and tY
gation and studies 'ma
cohsideration of all
did'adopt;'its Resolut
Conditional'Use'Permi
WHEREAS, th
an interested party;o
WtIEREAS, at
hearing, the City;Cour
``' and did 'give' all Fersc
heard and did receive
WHEREAS, the
atioa of the secommenc
all evidence and repox
1. The propose
use permit `is'authorix
'2. The proposec
land uses"and the+'groa
is proposed-to be 3oce
3. The size anc
adequate to allow the
_- manner,,not-detrimental
health=safety and ger
improvE
5
condit~
safety,;
i
proposed use in a
nor to the.. peace.
al
tted in `.
;~~5 feet ~~~~~ ~~
s~cTlo~ti' is.n4'.o64
i
.n
;y r
that said conditlonaT u
following eonditionas„-,,
1. That street I
?alma Avanue9 sha11'be
zoning in3pectionn unle
?ublic.Utilities,"ar.1 "t,
on Pile in tae Office 'c
tt:et c hond, certificate
Sn nn 'n:.:ount ana `forr:-.a
be posted°with the :City`
will• _;be .ins F,:elled trio
,_.,,
2 Th_t the orrnei
LeL•trr ^cquestiry terrSt
^hat suh)ect
L :taco dance :~tthl,.lan:
of .~na'•:ir. "cdrLo.i cz':ic~
S. A ~~~~i.^."ia.~jf.
mall he inntalle~l zn3 r
b. i six fin)
bahin+lsPid thre!".(,),°tp
t•trd :x^cun9; t'+e, coder-:-.t
:hn ste~l~r. r,'^eo.' frog ",:u
c. a vinuall
o? Ir..~lian ::7Freag 'ar:d/o
pi ^ts "a,+nrwea ;.y' he P
alo.^,,; tho norL•h,pron+~rty
,. _. ,.;:
'eet r9gaired ad~ac
itreeL;,none existi
iired`aite acreenin
'oot high'block'aal
iirod3 nAne ®roaose
th® final;buildinq and
ved,by the':Dirsc*.nr of
standar%l specifications
F'til~lie;Utilttiaa; and/or
cr.,cf 'cre9lt'nr rash; ,
xr`.y ,sl::12 submit a`
ra1~.Use 2ernit ;.o. ,6d?.
~dvc'LOL 9L -SJ~.4 ;zntially
ns on =:ile Keith t.^.e City
,.hoxev++r, that:
iic lun~sca?nt,planrer
e to se~tuoia Avenue:
y+acraen
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ria.e
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2840
1
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a
CARNIVAL AVENUE ~
O
RS-7,200 ~ ~
1 DU EACH
MARDI GRAS AVENUE
RM-1200 (O)
ss-7o-ss
fi5-66-64
CUP 1214
TOWNHOMES
~,t X~! s 3' 434 .~ ';, s x
~'~?'r tr A> -r`''1a
r ~.u(rn(..:.))~w zSr sr
'?zf' l `?(OI LPP RODUCOTION£ i
y..~~N3%~':OVERLAYZONE) ~`~ ~. z;
~ r ~ ,~ TTM 16412 ~`
r ~,'--""~r'r.fi ~T-SUB 2003-00005 ~1~~ s'~ k
rt'r:~ !!~~ RCL 2002-00080 ~-a ~. r
;y = ~s~ CUP 2002-04589 ~ ~~, f=
r`y~ `" r `20U y. j,..;,~ 7 ~3
c :~- RS-5,000.
1 DU£ACH
'~ -"' DUTCH AVENUE
1 LLl W
-~ J
°o V ~ TRACT N0.7088 ~
o Q RS-5,000
~ w U RCL fig-70.19 U
~ o Z 65-fib-64 =
- VAR 2258
O t DU EACH m
U
VAR 250
RM-1200 (0) RM-120D (O)
69.70-5 69.70-56 (2)
65.66-64 65-66-64
CUP 1214 CUP 1214
VAR 3077 TOWNHOMES 'I
TOWNHOMES ,
RS-A-G3(000 (O)
65-66-64
RIO VISTA
ELEMENTARY SCHOOL
RS-7,200
RIO VISTA PARK
Q
-.RS-S 000 ~
69-70-19 Z
- 65-66-64 Z
V-2256
1 DU EACH ~
RS•7,200
1 DU EACH
SUB Tentative Tract Ma No. 16412 "'~ ~'''
p frer,~ Subject Property
TRACKING NUMBER No. SUB 2003-00005 Date: May 5, 2003
Scale: 1" = 200'
Requested By: OLSON URBAN HOUSING, LLC Q.S. No. 133
REQUEST FOR REVIEW AND APPROVAL OF A TRAFFIC CALMING PLAN FOR APREVIOUSLY-
APPROVED 26-UNIT, DETACHED SINGLE-FAMILY RESIDENTIAL, CONDOMINIUM SUBDIVISION.
i
226-230 .North Rio Vista Street ssl
DUTCH AVENUE
~ m n
ITEM tJO. t-D
CL
. 65-06-
' 2001-0
UP 407
UP 31
UP 261
10PPIN
;ENTER
TONIA PL
-r
RS-7200
1 DU EACH
r
D
1oa x r
4297 °° O Z
3 rW
77
0 ~O
G
ORANGEWOOD AVE
RM-1200
o
RCL 66-67-73 p
4 DU EACH ° ~+
i
4 DU
r ~~
O
N
-1
1oo~-{aloo'
I ~
° i $ ~ ~' RS-7200
~= Y^o ~
~` ~~ T-RCL 2002-0006!
~
y)~ T-RCL 2001-0005!
Q m /,! RCL 2001-00047
N rc .,_rr'~x'
` T-VAR 2003-04551
~ ~
~ i T-VAR 2002-0449:
;y.,,,,. h..`~s VAR 2001-04459
,
sue" "^"" VAR 2001-04432
21 DU 1 DU
° v RS-A-03,000
p °oU ~W 1 DU EACH
RM-1200 Z
~
RC166-67-73 { ~ O RCL 62-63-123
4 DU EACH ~ ~o m = VAR 1602
v r- °°Q
CINDY LN ~ ~W
Z, ~o LORANE WAY
RS-7200
RCL 64-65-114
1 DU EACH -
RS-5000
RS-7200 RCL 86-87-17 N~o_
RM-3000 1DU EACH ~~°
CL 70 7
8 ~ ~
R
1
56 1 DU EAC
G.P.A. 308-1 WILM OT LN
Ol i
A
o=
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1
D
y SIM PL
-~-I ~-
RS-7200
V-1434
1 DU EAC
LORANE WAY
RS-7200
1 DU EACh
Variance Tracking No. 2003-04556 "~< Su6'ect Pro e
Variance No. 2001-04432 '~"~~£' ~ P ~
Date: May 5, 2003
Scale: 1" = 200'
Requested By: DON SKJERVEN Q.S. No. 59
REQUEST FOR A RETROACTIVE TIME EXTENSION TO COMPLY WITH CONDITIONS OF APPROVAL
FOR A PREVIOUSLY APPROVED 2-LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION.
1628 West Orangewood Avenue 69
ATTACHMENT - RbR 1-D
MEMORANDiIM
CITY OF ANAHEIM
Code Enforcement Division
DATE: APRIL 24, 2003
TO: ELAIANE YAMBOA, PLANNING AIDE
`M ~°
FROM: MATTHEW D. LETTERIELLO, CODE ENFORCEMENT OFFICER
SUE7ECT: TIME EXTENSION FOR VARIANCE 2001-04432, RESOLUTION 2001R-245
1628 W. ORANGEWOOD AVE.
At your request I went to the above address on April 24, 2003, to inspect for any possible
violations of the Anaheim Municipal Code existing on the property. The property is developed
with asingle-story, single-family wood framed and stucco structure with an attached two-car
gazage to the south. The property is located on the south side of Orangewood Ave., the second
property east of Della Ln. I found the following conditions to exist:
® The roof of the main portion of the residence slopes to the north and has asphalt
composition type shingles that were in an unsightly condition. The shingles on the
northwest corner were very deteriorated and crumpling. The roof area on the south side
of the main structure and the gazage were covered with unsightly plastic tarps
® The fascia boards were in an unsightly condition with chipped and peeling paint
® There was an inoperable, black Dodge 2-dr vehicle, CA license 715GDD, backed onto
the driveway in front of the tilt-up gazage door. The engine was missing. There were
three other older vehicles in the same azea of the driveway, however I was unable to
determine their operability
~ The tilt-up garage door was propped open with boards and it swayed noticeably. The
gazage was cluttered with miscellaneous items and normal ingress or egress was not
permissible
® The asphalt driveway was becoming unsightly, as the east side at the north end was
cracked and deteriorated. The azea in front of the tilt-up garage door was in poor
condition, with grass growing through out it
® There was a portion of a very large, ground mounted satellite dish on the east side of the
structure. It was mounted on a metal pole that was approximately fourteen feek high.
The top of the satellite dish was approximately eighteen feet high. The western half of
the dish was missing and a portion of the eastern half was tom and hanging down
® There were two lazge, jagged tree stumps in the middle of the front yazd. One was
approximately eighteen inches high and the other was approximately five feet high
I took Polazoid photos, which aze attached. If you have any questions or if I can be of any
further assistance, please telephone me at extension 4446.
MDL
1628 w orangewood ave
CITY OF ANAHEIM
CODE ENFORCE?SENI PHOTO
Page 1 of 2 S'a~,
^ FIRST INSP. ~ CITES PHOTO ~ CRIMINAL COMPLAINT PHOTO 0 IN CUSTODY bR.~_
PHOTO J; 1 ~D~SS; 1628 W. Orangewood Ave.
OiFICER: Letteriello ~ 1023 DAYE: 4-94-0'i
REtlARiCS: Overview of the north side of the
structure and front yard.
~~
~~y
w
_ ~ ,~ ,~
.. x t ,.
PHOTO 1: 2 ?.DDR=B:: 1628 W. Oran~ewond Ave.
OrsICER:r.etteriello ~%t~ DATE: 4-24-04
pgL~p,RS; Overview of the northeast side of the
structure and the ground mounted. satellite dish.
CITY OF ANAHEIH
CODE ENFORCEHENI PH020
Page 2 of 2 $:,;~;
FIRS2 INSP. ~ CISE~ PHOTO ~ CRIIiINAL COMPLAINT PBOTO ~ IN CUSSODY DR.#
.. _.
PH020 8: 3 ~IDDg=Sg: 1628 W. Orangewood Ave.
OFFICER: Letteriello y} 1023 DATE:4-24-03 ~;~ `
REMARitS: Close-uv of the unsieh lv facri^ hard
and deteriorated asphalt composition shingles.
P'd020 J: 4 ~DDR=S:: 1628 W. Oraneewood Ave.
OccICER: Letteriello P, 1023 DA2'c: 4-24-03
REHAP.RS: Inoperable vehicle in front of the tilt-
up garage door. Ingress and egress to Qarage not.
available.
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INDUSTRIAL ..~:.--~ ~WpY:. ~:" i ~~ ~ /
.PARK ,-v RE -^ ! j i,' ML
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L~'B ~~m i
RM-12W ^~~^~~,,p~pm
APARTMENTS ~ B~o"m
~-
RS-A-43,000
MOBILEHOME PARK
~v
SRS-7200
1 DU EACH
0
AUTO
D
Reclassification No. 2003-00099 fi , Subject Property
Date: May 5, 2003
Scale: Graphic
Requested By: CITY OF ANAHEIM PLANNING DEPARTMENT Q.S. No. 134, 141, 142, 146
REQUEST FOR PLANNING COMMISSION INITIATION OF A RECLASSIFICATION OF SEVERAL
PROPERTIES FROM THE COUNTY OF ORANGE ZONING DESIGNATION, A1, GENERAL
AGRICULTURE, TO THE RS-A-43,000 (RESIDENTIAL/AGRICULTURE) ZONE FOR ANNEXATION
INTO THE CITY OF ANAHEIM.
South of the Riverside Freeway, north of Lincoln Avenue and is divided by Glassell Street.
663
CITYOF
ORANGE
ITEM N0. 1-E
7 LOL FgCH. LIRA.
~~ RS
w,,, er ~O
t~
_~;_
CITY OF
ORANGE
A
D
Reclassification No. 2003-00098 ~fi Subject Property
"''~~'`I Date: May 5, 2003
Scale: Graphic
Requested By: CITY OF ANAHEIM PLANNING DEPARTMENT Q.S. No. 124, 125, 126,
134, 135, 136
REQUEST FOR PLANNING COMMISSION INITIATION OF A RECLASSIFICATION OF SEVERAL
PROPERTIES FROM THE COUNTY OF ORANGE ZONING DESIGNATION, A1, GENERAL
AGRICULTURE, TO THE RS-A-43,000 (RESIDENTIAL/AGRICULTURAL) ZONE FOR ANNEXATION
INTO THE CITY OF ANAHEIM.
West of the Santa Ana River, east of the Orange Freeway,
south of South Street and north of Cerritos Avenue
see
~~°~~
RS-5000 ~
RCL 6637-19 i y
6536-13 a O
RCL6435.101 19
VAR 1741 Q
1 DU EACH ~~ v1 ~ ~
BUDLONG ST
~ fi53fi-13
RCL 6435.101
VAR 1741
1 DU EACH
$~(
0.'t
'yi
oc c
TANGLEWpOD
~~ AVE
O\
N
m
~~~
SP 941
RCL 65-66-24 (29)
6536-13
VAR 3505
VAR 2676
SMALL IND. FIRM
ANAHF/MC~ rS
SP 94-1
RCL 663734 (14)
VAR 2676
SMALL IND. FIRM
General Plan Amendment No. 2003-00410
Reclassification No. 2003-00097
Requested By: CITY OF ANAHEIM, PLANNING DEPARTMENT
m
U
~~ i#
^~y c:
RS-5000
RCL 69•I0.12
RCL 68-6g.g
VAR 2090
1 DU EACH
7A1NCO cIR
o:
1 DU 5000
EACH
f
a•
Ra s9aa-1z
RCL 6&70-06
LUP 9116
CI1P 2993
VAR 2001-09466
SHOPPING
CENTER
CL
WP 1640
SHGPPING
Subject Property
Date: May 5, 2003
Scale: Graphic
Q.S. No. 171
REQUEST FOR PLANNING COMMISSION INITIATION OF A GENERAL PLAN AMENDMENT TO THE LAND USE
ELEMENT MAP OF THE GENERAL PLAN REDESIGNATING A CLUSTER OF PROPERTIES FROM THE
LOW-DENSITY AND LOW-MEDIUM DENSITY RESIDENTIAL LAND USE DESIGNATIONS TO THE LOW-MEDIUM
DENSITY RESIDENTIAL LAND USE DESIGNATION,
REOUEST FOR PLANNING COMMISSION INITIATION OF A RECLASSIFICATION OF SEVERAL
PROPERTIES FROM THE COUNTY OF ORANGE ZONING DESIGNATION, R1 "SINGLE-FAMILY
RESIDENTIAL" TO THE RS-5000 (RESIDENTIAL, SINGLE-FAMILY) ZONE OR A LESS INTENSE
SINGLE-FAMILY RESIDENTIAL ZONE FOR ANNEXATION INTO THE CITY OF ANAHEIM.
685
WOODWIND LN
rc
>'
>~~rr
ATTACHMENT - a&R 1-F
April 30, 2003
City of Anaheim Planning Commission
200 South Anaheim Boulevard
Anaheim, CA 92805
Dear Planning Commissioners:
"J6\
MAY 2~3 ~
RECEIVED o
pLANNI G
DEPAR'iM~NT ,~~
For a number of years residents and property owners in the Colony Historic
District have been very interested in effecting a change in the existing land use
and zoning of particular neighborhoods in the downtown. This effort is an
attempt to preserve the character and quality of life in predominantly single-family
residential neighborhoods that are threatened by the existing permissible land
use. Current zoning in these neighborhoods would permit property owners to
demolish homes and construct apartment complexes in their place.
From the onset of these discussions with the City, Colony residents have been
actively involved in this effort. It has been a part of our multi-year plan of action
for the Colony Neighborhood Council and the subject of many agenda items.
Community members walked and surveyed all the proposed areas for possible
downzoning to determine the current land use and the overall appearance and
"feel" of the neighborhoods. We requested support from City Staff in this process
knowing that a community effort of this nature would require the partnership of
City Planners and ultimately the Planning Commission and City Council.
I am pleased to share with you that there is overwhelming support for this effort
among residents and property owners of the Colony. This has been
demonstrated at the Colohy Neighborhood Council>Meetings as well as at
informal gatherings in the community among owners of properties affected by the
potential downzoning.
We ask that you support our effort to preserve the quality of life in our
neighborhoods and forward this action to the Council for their consideration.
Sincerely,
7'9 r" ~ L`LL~t~
Mitchell T. Caldwell, Chairman
Colony Neighborhood Council
ITEM t-F, /lttachment No. 1
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VACANT BUILDING
General Plan Conformance No. 2003-00026 Subject Property
Date: May 5, 2003
Scale: 1" = 200'
Requested By: STEPHEN L. CHAFFEE, COUNTY OF ORANGE Q.S. No. 117
REQUEST TO DETERMINE CONFORMANCE WITH THE ANAHEIM GENERAL PLAN TO AMEND
AN EXISTING LEASE OF OFFICE AND GARAGE SPACE TO THE COUNTY OF ORANGE.
2100 East Howell Avenue, Suite .Nos. 406, 407, 408 and 409 s96
ATTACHHEIJT R6R - 1-G
April 2, 2003
OFFICE OF THE
ORANGE COUNTY. CALIFORNIA
TONY RACKAUCKAS, DISTRICT ATTORNEY
Ciry of Anaheim, Planning Director
201 S. Anaheim Blvd.
Anaheim, CA. 92805
RE: GENERAL PLAN COMPLIANCE
Gentlemen:
CHARLES MIDOLETON
CHIEF ASSISTANT D. A.
ORYAN BROWN
SENIOR ASSISTANT D.A.
FELONY OPERATIONS 1
WILLIAM FECCIA
SENIOR ASSISTANT D.A,
FELONY OPERATIONS 2
JIM TANIZANI
SENIOR ASSISTANT D.A
MISDEMEANOR OPERATIONS
DONALD BLANKENSMIP
CHIEF
BUREAU OF INVESTIGATION
L19A BONAN - JOHNSTON
DIREOTOR
ADMINISTRATIVE SERVICES
The County of Orange proposes an amendment to an existing lease agreement for the use of 7,200 squaze feet of space at
2100 Howell Ave Suites 406, 407, 408, and 409, in Anaheim, California. The space will be used for the County's District
Attorney program.
[ General office and garage space. Garage is for vehicle inspections only: not repairs.
Please review this proposal in accordance with Government Code Section 65402 to determine if the use conforms with the
City's General Plan. To simplify processing, you may complete the bottom portion of this letter and return it to me.
Thank you for your cooperation and prompt attention to this matter. Feel free to call me at (714) 347-8778 if you have
any questions.
Very truly yours,
-- L _
Stephen L. Chaffee, Facilities Man r
DA/Administrative Services
Determination: YES ^ NO ^
This project is in conformance with the General Plan of the City of Anaheim.
City of Anaheim: BY:
Comments:
DATE:
REPLY TO: ORANGE COUNTY DISTRICT ATTORNEY'S OFFICE
WEO PAGE: hne-': w.W ucryg+l~C..' .ti
^D AUW OFFKE ^ NORTH OFFICE ^ WEST OFFICE ^ 50UTN OFFICE ^ HARBOR OFFICE ^ IINENRE OFFICE ^ CENRUL OFFICE
101 CNN: CENTER OPW 13]S N.BERHELYAVE. BUIt]°STREET ]OV]CROWN VALLEY PNYJI', 1601 UMBOREE BLVD LILI]YORNE SOUTH >00 LNIL CENTEROR.W
P.O.80%BOB NLIERTON.G9]B]1 WEETAWSTER,G928B] LAGUNA NIGUEL.G926i] NEWPORT BEACH.G9286] ORANGE,G92fifiB D.O. 00%B0B
EINTA ANA, CA 92]01 (]111]1]'1180 IT111 BB&IIBt (919131450$6 (91911]&1&50 (]1119]S1B2/ $ANTAAIU.G9Z)Ot
(]111 BJ4]800 (]1/I B]4]600
General Plan Conformity No. 2003-00027 Subject Property
Date: May 5, 2003
Scale: Graphic
Requested By: ORANGE COUNTY WATER DISTRICT Q.S. No. 133, 138, 1S6
REQUEST TO DETERMINE CONFORMANCE WITH THE ANAHEIM GENERAL PLAN TO CONSTRUCT
EQUIPMENT BUILDINGS AT THREE ORANGE COUNTY WATER DISTRICT RETARDING BASINS.
3151 East Miraloma Avenue (Miller Basin), 2941 East Lincoln Avenue (Five Coves Basin),
and 1150 North Lakeview Avenue (Desilting Pond #3) ey:
ATTACHMENT - R&R 1-H
Directors
PHILIP L ANTHONY
WES BANNISTER
KATHRYN L BARR
DENIS R. BILODEAU
RICHARD CHAVEZ
PAUL COOK
JAN DEBAY
BRETT FRANKLIN
LAWRENCEP. KRAEMER JR.
SHAWN NELSON
April 1, 2003
_~NGE 1 a~
-l
~E~~~G
®RANGE C®UNTY W~T~R ®ISTRICT
Orange County's Groundwater Authority
OKcers
DENIS R. 81LODEAU
President
PHILIP L. ANTHONY
First Vroe President
BRETT FRANKLIN
Secrond Vice President
VIRGINIA GREBBIEN
Genera/ Manager
JANICE DURANT
Disfdcf Secretary
Mr. Joel Fick, Planning Director
City of Anaheim-
201 S. Anaheim Boulevard
Anaheim, CA 92805
Subject: GENERAL PLAN CONFORMANCE - Construction of three BVC
Operator Rooms
The Orange County Water District (OCWD) is requesting plan check approval for
construction of three Basin Cleaning Vehicle (BCV) Operator Rooms to be located at
the following three OCWD properties:
® Miller Basin - 3151 Miraloma
• Five Coves Basin - 2941 E. Lincoln
® Deslting Pond #3 - 1150 N. Lakeview
The .Miller Basin BCV Operator Room consists of adding a second story above an
existing single-story electrical building, while the other two BCV Operator Rooms will
be new 12'x16' prefab concrete buildings. All three building locations are away from
the adjacent streets and will have no visual impact to the general public (see Figure 1).
These buildings will be used to house electrical and instrumentation equipment
associated with the BCV project. The purpose of BCV project is to enhance
groundwater recharge at these locations.. Additional information on the BCV project is
attached.
As required by Government Code Section 65402, please determine that the proposed
use is in conformance with the General Plan of the City of Anaheim. To simplify
processing, please check the appropriate space below, sign, date and return this letter
to me. If you need additional information, please feel free to contact me at (714) 378-
3232 or via my email: mrasouli@ocwd.com.
Sincerely,
Max Rasouli, P.E.
Principal Engineer
P.O. Box 8300, Fountain Valley, CA 92728-8300 10500 Ellis Avenue, Fountain Valley, CA 92708
~i....~,~..., n~n~ a~a_aonn Fw lit al A7R-7A7A Web Pace www.ocWd.CfJfil
DETERMINATION
_Yes _No Construction of the three proposed OCWD's Basin Cleaning i
Vehicle Operator Rooms are in conformance with the General
Plan of the City of Anaheim.
City of Anaheim
Date
2
ATTACHEMENT A
BASIN CLEANING VEHICLE PROJECT
BACKGROUND
To .allow cleaning of the groundwater recharge basins without costly and time
consuming draining and cleaning with heavy equipment, the Orange County Water
District (District) began to explore the concept of a continuous basin-cleaning
vehicle (BCV) designed to clean the basins without dewatering. Currently, the
District is testing a third generation proto-type BCV-3. The BCV-3 is a completely
automated, remotely operated, underwater tracked vehicle designed to remove silt
from the recharge basins. The lakebed-crawling BCV-3 utilizes a roto-tiller type
cutterhead to break up the hard lakebed crust and captures the silt-sand slurry
inside a chamber (hood) where the silt is hydraulically separated from the sand.
The sand drops back to the lakebed, while the silt slurry is pumped to shore for
dewatering.
BASIN CLEANING VEHICLE (PHASE 4)
Based on experience from the operation of BCV-3, District staff determined that
the design of the existing roto-tiller type cutterhead is adequate to break up the
hard lakebed crust and to capture the silt-sand slurry inside the hood. However,
the BCV-3 vehicle is overly complicated and expensive for this application. The
District is now proceeding with design and fabrication of the next generation BCV
with the following characteristics:
1. All the electrical and electronic components and the operator will be placed
above the water in a floating barge. This concept will allow the use of
standard construction equipment and electrical components . and
substantially reduce the complexity of the system and cost, and
2. The floating barge will be pulled along steel cables connected to four
electric winches installed along the basin shore.
The proposed system is the most widely used type of dredge in wastewater
treatment plants for lagoon sludge removal. Recently, the District contracted with
Liquid Waste Technologies (LWT) to design and fabricate four cable-dredge BCV
systems.
3
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Conditional Use Permit No. 2003-04669 ~ Subject Property
„~ ,,
Determination of Public Convenience Date: March 24, 2003
or Nessessity No. 2003-00010 Scale: 1" = 200'
Requested By: YONG SUB KIM Q.S. No. 63
CONDITIONAL USE PERMIT NO. 2003-04669 - TO PERMIT THE RETAIL SALES OF ALCOHOLIC
BEVERAGES FOR OFF-PREMISES CONSUMPTION IN CONJUNCTION WITH AN EXISTING LEGAL
NON-CONFORMING CONVENIENCE MARKET.
DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2003-00010 - TO PERMIT THE
RETAIL SALES OF ALCOHOLIC BEVERAGES FOR OFF-PREMISES CONSUMPTION WITHIN AN
EXISTING LEGAL NON-CONFORMING CONVENIENCE MARKET.
c
v
1
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1000 West Lincoln Avenue -Thomas Liquor st7(zooo-s-t9)
Staff Report to the
PlanningCommission
Mays, 2003
Item Nv; 2
2a.; CEQA CATEGORICAL EXEMPTION-CLASS 1` (Motion for withdrawal)
2b: °CONDITIONALUSE PERMIT N0f 2003-04669:
2c: ? DETERMINATION'OF PUBLIC CONVENIENCE
OR NECESSITY N0: 2003-00010 '
SITEtOCATION AND DESCRIPTION:
(1) This rectangularly-shaped 0.35-acre property is located at the southwest corner of Lincoln
Avenue and Illinois Street, with frontages of 110 feet on the south side of Lincoln'Avenue
and 104 feet on the west side of Illinois Street (1b00 West Lincoln Avenue -Thomas
Liquor).
REQUEST:
(2) The petitioner requests approval of the following:.,
(a) A Conditional Use Permit under the authority of Code Section No. 18.45:050.195
}o permit the retail sales of alcoholic beverages for off-premises consumption in
:'conjunction with an existing legal non-conforming convenience market.
(b) A Determination of Public Convenience or Necessity to upgrade an existing Type
20 (Off-Sale Beer and Wine) to a Type 21 (Off-Sale General Alcohol) license to
::permit the retail sales of alcoholic beverages for off-premises'consumpton within
''an existing legal non-conforming convenience market.
BACKGROUND;
(3) This property is developed with an existing 2,400 square foot convenience market and is
zoned CG (Commercial, General). The Anaheim General Plan Land'Use Element Map
I designates this property for General Commercial' and uses.r
(4) `` At the request of the petitioner, this item was`continued from the March 24,`gpril 7,
and April 15, 2003, Planning Commission meetings to provide thebusiness owner
an opportunity to discuss recommended conditions of approval with Planning and
Police Department Staff. The petitioner, Leon Alexander, has submitted the
attached letter dated, April`23, 2003,: requesting a withdrawal of this application due
to the business'owner's concern with recommended conditions of approval.
RECOMMENDATION:
(5) That the Planning: Commission, by motion, accept the petitioner's request for withdrawal
sr5592av
`page 1
JT GY: BRIGGS & ALEXANDER;
714 5209248; APR-24.03 10:38; PAGE 2!2
ATTAOFit1ENT - I TEt1 N0. 2
ROBHRT W. BRIGGD"
LeON C, A{81U1NDER. APC
BRIAN G, 06T1EN. 9R.
9NE ANN 16HANIN
ADAM C. LOUGXIJN
JONN M. DEtl1pE
A PNDPF31DNA1, A990CIATION
•Renwen
April 23, 2003
Via Facsimile # 714765-520 and U.S. Mail
Amy Vazquez, Assistant City Planner
Anaheim City Hall
200 S. Anaheim 131vd.
Anaheim, California 92805
Re: Thomas Liquor Conditional Use Permit
Dear Amy:
TELEPNOpE r71 ~ 52D9250
FAC9IMRB r71 Y198P82O8
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RECEIVED
pt.ANTMENT
DEPAR v
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[ want to take this opportunity to formally withdraw the Thomas Liquor Conditional Use Permit on
behalf of Thomas Liquor, located at ]000 West Lincoln Avenue, Anaheim, to upgrade from its
existing beer and wine license to an off sale General license. As we discussed on the telephone on
April 22, 2003, the primary reason for the withdrawal is the condition required: by the Anaheim
Planning Commission requiring that Thomas Liquor to not sell beer unless sold in packages
containing less than a six (6) pack, and that wine coolers shall not be sold in packages containing
less than a four (4) pack As you know, this is an existing right that my client has with its current
beer and wine license. It is my client's opinion that this restriction of single bottle beer and wine
sales will provide a severe hardship to the business, even if it is allowed the general alcohol license.
As 1 discussed in front of the Anaheim Planning Commission, the average patron of Thomas Liquor
pureltascs arc Less than $ 10.00, and with this new restriction that its customer(s) must purchase a six
pack of beer and this would cause must of'1'homas Liquor patrons to not shop at ils store. We
appreciate the time and etForts that the Planning Commission and your ollice has. provided on this
matter, and if there is a change of the Planning Commission's requirement in restricting single can
sales, please indicate otherwise.
As always, should you have any questions, please do not hesitate w umtact me.
Sincerely yours,
I,aw Ufficcs of Briggs & Alexander
A Professional Corporation
C.~C. r ~
Leon C. Alexander, .Esq.
!'A /I.a
LAW DFFICES OF
®~t~rag ~ ~~.E~,lal®~~
ATTC61P1@Y® AT LAW
A PROFCaalONAL CORPORATION
gS6 BOOTH HAR®DI@ BOl1L~VARD
SLfITE 100
APIAMEIM, CALIFORNIA 92605
CONDITIONAL U ~~ERMITO ~ldE ESS T~NIEPI•CE
No 2~3-~ ~,^ ~W3-00010
Conditional Use Permit No. 2681 Subject Property
TRACKING NO. CUP2003-04682 Date: May 5, 2003
Scale: 1" = 200'
Requested By: ROBSHAN INC. Q.S. No. 146
REQUEST REINSTATEMENT OF THIS PERMIT BY THE'MODIFICATION OR DELETION OF A
CONDITION OF APPROVAL PERTAINING TO A TIME LIMITATION (APPROVED ON APRIL 8, 2002
TO EXPIRE MARCH 26, 2003) TO RETAIN APREVIOUSLY-APPROVED RESTAURANT WITH SALES
OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION WITH THREE BILLIARD TABLES
AND PUBLfC ENTERTAINMENT WITH A COVER CHARGE.
480 North Glassell Street -Press Box Sports Bar and Grill
653
Staff Report to the
Planning Commission
May 5,:2003
Item No: 3
3a CEQA NEGATIVE DECLARATION (PREVIOUSLY APPROVED) (Motion)
3b1 !CONDITIONAL'IJSE'PERMITN0:2681 (Resolution) ;
(TRACKINGNOt CUP2003=046821
SITE LOCATION AND DESCRIPTION.•
(1) 'This irregularly-shaped, 0.59-acre property is located at the southeast comer of Glassell
Street antl Frontera'Street, having frontages of 155 feet on the east side of Glassell Street
i and 152 feek on the south side Frontera Street (480 North Glassell Street-Press Box
!Sports Bar and Grill);
REQUEST:
(2) The petitioner requests reinstatement of this permif,by the modification or deletion `of a
conditionof approval pertaining to a time imitation; (approved on April 8,2002, to expire on
March 26 2003) to retain a previously-approved restaurant with sales of alcoholic
':beverages for on-premises consumptionwlth three billiard tables and public entertainment
with a cover charge'under authority of Code Section 18.03.093.
BACKGROUND:i
(3) This property is developed with a 5,500 square-foot restaurant and is zoned SP94-1;
Development Area; fi (Northeast Area Specific Plan;. Commercial Area)..: The Anaheim General
=Plan Land Use Element Map indicates this property is designated for Gerteral Industrial land
uses.
(4) Surrounding land uses are as follows:
'Direction LandiUse :Zoning GeneraCPlan
', Desi nation
North {across Frontera Riverside. Freeway Freeway
Street'.
East' Hotel ':SP94-1; DA Generallndustrial
South- Santa'Ana River River/Water Uses
Coun of Oran e
West (across Glassell Apartments RM-1200 Medium Density
Street): Residential
(5) Conditional Use Permit No. 2681 (to permit asemi-enclosed freestanding restaurant with
on-premises sale and consumption of alcoholic beverages with waiver of minimum number
of parking spaces) was approved by the Planning,Commission on May 13, 1985. A
number of reinstatements have been approved bythe Commission on March 29, 1999,
March 26 2001, and Apri18,2002. On April 8, 2002, the Commission approved s
reinstatement of this permit to detain thepublic entertainmenfwith acover charge,ih
! conjunction with the'restauraht with sales of alcoholic beverages for on-premises
? consumption for one (1) year. `Condition No. 1 of>Resolution No. PC2002-52 states:
"1. That the entitlement for three (3) billiard tables and public entertainment,
including the cover charge, shall expire on`March 26,2003."
sr8591 av
Page 1
Staff Report to the
Planning Commission'
.May 5, 2003
Item No. 3
'DISCUSSION:
(6) The petitioner is requesting reinstatement of this permit and deletion of the time limit to
retain public'entertainmenttyith cover charge and three billiard tables in conjunction with a
restaurant with on-premises sale and consumption of alcoholic beverages.' In order to
demonstrate the findings required for reinstatement of this use have been satisfied, the
petitioner has submitted the attached Justification for Reinstatement, indicating that since
the last reinstatement,'the surrounding land'. uses have not changed, the operation of the
restaurant has remained consistent and that all conditions of approval have: been complied
with.
(7) The Commission may wish to note that a restaurant, with or without alcoholic beverages, and
public entertainmenf(defined by Code as "a rostaurant, with or without on-premises sale and
consumption of alcoholic beverages, wherein music and/orlive entertainment is provided for
patrons to dance orothenvise be'entertained, which is'roguladybpen to the public upon the
payment of a cover charge or admittance fee, and is not asex-driented business asdefined
in'Section 18.89.020 of this code.'. Public entertainment is, and shall at all times be,
accessory to the primary restaurant used is permitted within the: SP94-1; DA 5 Zone, subject
to a approval of a conditional use permit. 'Staff considers this facility a restaurant with on-
premises sale and consumption bf alcoholicbeverages and public entertainment- not a
public dance hall.
(8) In`a memorandum dated Aprfl 9, 2003, the Code Enforcement Division indicates the
restaurant issin substantial compliance with Conditional Use Permit No. 2681 and there are
no active code enforcement violations pertaining to this property.': Further,' Business License
Division records indicate a valid business license, and valid entertainment, dinner dance and
billiard table. permits for this restaurant.
(9) Site inspections reveal that the property is well maintained, with the above ground electrical
equipment (located east of the patio area) screened by shrubs. The restaurant is in
compliance with conditions of approval of Conditional Use Permit No. 268ti
(10) In the attached memorandum dated April 8, 4003, the Police Department indicates this
reporting district has a crtme rate 385 percent above the City average. Between March
2002 and March 2003,'there were 13 calls for service for this business, including 1 petty
theft, 2 trespassing, 17obbery, 1''robbery alarm silent,!1 assault,'1 hit and run
misdemeanor, 1 suspicious circumstance, 2 disturbances, 1 keep the peace, 1 fight, and 1
hit and run parked vehicle. Of these 13 calls, 4 reports related to the business were
generated, consisting of 1 petty theft, 1 assault and battery, 1 traffic accident and one'hit
and run parked vehiclei The following is a comparison: of the current crimestatistics for the
property with the last two reinstatement periods:
Reporting Period February 2000 to
Februa 2001 February 2001 to
Februa aooa AAarcb 2002 to
March 2003
Calls for service 64 25 13
Crime Rate (% above 119% 205% 385%
City average)
Page 2
Staff Report to the
Planning Commission
+ May 5; 2003
Item No; 3
Although,the crime rate for this reporting district has steadily increased over the past three
`; years, the calls for service for this property have decreased. Therefore,'the Police
Department does not opposethis reinstatement or the deletion of the time limit provided the
conditions of approval are complied with.:.
(11) Should the Commission approve this reinstatement, Police Department and Code
Enforcement Division staff wiilicontinue to monitor he facility o ensure that the business
complies with Code and conditions of approval for public safety.
ENVIRONMENTAL IMPACT ANALYSIS:
(12) Staff has reviewed the proposal to reinstate public entertainment, three billiard tables and to `!
allow cover charge: for events in conjunction with apreviously-approved restauranf with sales
of alcoholic beverages for on-premises consumption, and finds no significant adverse
environmental impacts resulting from any changes to the existing project: Therefore, staff
recommends that the previously-approved Negative Declaration in connection with`:
'Conditional Use Permit No. 2681 serve as the required environmental documentation for this'
request upon a finding by the Commissioh that the: Negative Declaration reflects the
independentjudgment ofthe lead agency and thatithas considered the Negative Declaration
'together with any comments received dining the public review',process and further finding on''
the basislof the Initial Study (a copy of which is available for review in the Planning;:
Department) and any comments received that there is no substantial evidence that he
project will have a significant effect on the environment,
GROWTH MANAGEMENT ELEMENTANALYSIS:
(13) i The proposed project has been reviewed: by affected City departments to determine whether
it conforms with theCitys Growth Management Element adopted by theiGty Council on
`March 17, 1992. Based on Clty staff review of the'proposed project, it has been determined
that this project does not fit within the scope necessary to require a Growth Management
Elementanalysis, therefore, no analysis has been perforrned.
FINDINGS:
(14) Before the Planning Commission grants any conditional use permit, it must make a finding
of fact that the evidence presented shows that all of the following conditions exist:
` (a) That the proposed use is properly one for which a conditional use permit is
authorized by the Zoning Code, 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 developmeht 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 anvndue burden
upon the streets and highways designed and improved to carry,the traffic in he
`area; and
Page 3
Staff Report to the
Planning Commission
May 5, 2003
Item No. 3
(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.
(15) Subsection 18.03.093.040 of the Zoning Code requires'that before the Commission grants
reinstatement of the approval by extension, modification or deletion, the applicant must
present evidence to establish the.following findings:
(a)' The facts necessary to support each and every required showing for he issuance of
such entitlementas set forth in this chapter exist;
(b} Said permit is being exercised substantially in the same manner and in conformance
with'all conditions and stipulations originally approved by the approval body;
(c) Said permit is being exercised in a manner not detrimental to the particular area and
surrounding land' uses, nor to the public peace,' health, safety and general welfare;
and
(d) With regard only to any deletion of a time limitation, such deletion is necessary o
permit reasonable operation under the permit as granted.
RECOMMENDATION:
(16) Staff recommends that, unless additional or contrary information is received during the
meeting, and based upon the evidence submitted to the Commission, including the
evidence presented in this staff report, and oral and written evidence presented at the'
public hearing, the Commission take the following actions:
(a) By motion, determine that the previously-approved Negative Declaration is
adequate to serve as the required environmental documentation forthis request.
(b) By resolution, a ' rove this request for reinstatement of Conditional Use Permit No.
2681; (Tracking No. CUP2003-04682jto retain three billiard tables and public S
entertainment with a covercharge in'conJunctioh w(th a previousy-approved
restaurant with sales of alcoholic beverages for`on-premises consumption, based on
the following:
(i) That this permit is currently being exercised substantially in the same manner
nand in conformancewith ail conditions and stipulations originally approved by
e Planning Commission as required by Subsection 18.03.093.040 of the
'Zoning Code.
(ii) That Feld inspections by Code Enforcement and Zoning Division staff indicate
'that the property is currently demonstrating compliance with ail conditions of
!`approval.
(iii) :.That the size and shape of the site is adequate to allow this use and thee.
business is being operated in a'manner, which is not detrimental to the '
surrounding area or land uses, nor to the public peace, health; safety and
general welfare.
Page 4
Staff Report to the
Planning Commission
May 5 2003
' Item No: 3
(iv) That without the deletion of the time limitation, the public entertainment and
billiard#able portions of this: restaurant facility would not be allowed at this
property without additional reinstatement requests for this'permit.
(cj Staff further`tecommends that the conditions of approval contained in Resolution No.'<
PC2002-52 be incorporated into a new resolution withthe following conditions of
approval (Condition Nos. 16, 24 and 25 are new):
1.' That the hours of'operation shall be limited to the following:':
Monday-Thursday ij 11:00 a.m. - 1:00 a.m.
Friday -Saturday 11:00 a.m. - 2:00 a.m.
Sunday 1:00 p.m -10:00 pm.
2. ' That trash storage areas shall be maintained in a location acceptable to the
Public Works Department, :Streets and Sanitatiort Division and in accordance
with approved plans on file with said Department: Said storage areas'shall be
designed, located'and screened so asnot to be readily identifiable from
adjacent streets or highways. The walls of the storage areas shall be=
protected from graffiti opportunities by he use ofplant materials such as
minimum 1-gallon size clinging vines planted on maximum`3-foot centers or
tall shrubbery.
3. That irt.the event a parcel map to subdivide subject property is recorded, an
unsubordinated restricted covenant providing reciprocal access and'parking,
approved by the; City Traffic' and Transportation Manager and Zoning'.. Division
and in a form satisfactory to',the City Attorney, shall be recorded withthe
Office of the Orange County Recorder: A copy of the recorded covenant shall '
then be submitted to the Zoning Division. In addition, provisions shall be
made in the covenant to guarantee that the entire complexshall be managed
and maintained as one (1) integral parcel for purposes of parking, vehicular
circulation, signage, maintenance, land usage and architectural control, and
that the covenant?shall be referenced in all deeds transfemng all or any part of
the interest in the'property.
4. That all air conditioning facilities and other roof and ground' mounted
equipment shall be propertyshielded from view.:!
5. That the proposal hall comply with all signing repuirements of the SP94-1;
Development Area 5 (Northeast Area Specific Plan; Commercial Area) Zone
unless'a variance allowing sign waivers is approved by the Planning
Commission.
6. That the establishment shalt be operated as a "Bona Fide Public Eating
Place"as defined',by Section 23038 of the California Business and
Professions Code.
7. That there shall be no bar or lounge maintained `on the property unless
licensed by Alcoholic Beverage Control and approved by the City of Anaheim.
'.Page 5
Staff Report to the
Planning Commission
May 5, 2003'
Item No. 3
8. That food service with a full meal shall be available from opening time until
closing time, on each day of operation.
9, That there'shall be no more than three (3) pool tables maintained upon the
premisesat any time.
10. .That subject alcoholic beverage license shall not be'exchangetl for a public
:premises'{bar) type icense nor`shail the establishment be operated as a!
;public premise as defined ih Section 23039 of the California Business and
Professions Code.
11, That the sales of alcoholic beverages shall not exceed 40% of the gross sales
of all retailsales during any three (3) month period, The applicant shall
maintain records on'a quarterlybasis indicating the separate amounts of sales
`of alcoholic beverages and other items. These records shall be certified. as
being true`and accurate and shall be made available, subject to audit and,
when requested inspection by any City ofAnaheim official during reasonable
?business hours.
12. 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 Anafteim Municipal Code.'
13. That the sales of alcoholic beverages for consumption off the premises shall
'be prohibited.
14. That 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 alcohol beverages, with the exception of one (1) sign indicating
"cocktails"
15. That the activities occurring in conjunction' with the operation of this
'establishment shall not cause noise disturbance to surrounding properties.
16. That at all 4imes when entertainment or dancing is permitted, security
`measuresshall be provided"to the satisfaction of the Anaheim Police
Department to deter unlawfufr conduct on the part of employees or
patrons, and promote the safe and orderly assembly and movement of
:persons and vehicles, and 4o prevent disturbance to the neighborhood
by excessive noise created by patrons'entering or leaving;the premises.
17, .That the parking lot serving the premises shall be maintained with decorative
lighting of sufficient power to illuminate and make easily discernible the
appearance and conduct of ail persons on'or about the parking ot. Said
`lighting shall be directed, positioned and shielded lrtsuch a manner so as not
to unreasonably illuminate the windows of hearty residences. 4
18. 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 oCindirectiy(to buy them drinks in the licensed'.
Page 6
Staff Report to the
'Planning Commission
May 5, 2003
Item No13
premises under any commission, percentage, salary, or other profit-sharing
plan, scheme or conspiracy:;
19:' That atl'doors serving subject restaurant shall conform to the requirements of
the Uniform Fire Code and shall be kept closed and unlocked at ail times
during: flours of operation except for ingress/egress, to permit deliveries and in
cases of emergency.
20: That there shall be no publid telephones on the premises located outside the
building.
21: That the business owner shall notify the Anaheim Police Department, Vice
Detail, thirty (30) days in advance of any entertainment event at this location
furnished by an outside promoter. This notice shall include the name,; address
and phone number of the promoter and detailed information' on the type of
event including tlates, hours, anticipated attendance and nature of event. No
unauthorized offste signage'shall be permitted 'm conjunction with any event.
22: That the public entertainment shall be limited to Tuesday through Saturday
nights from 8 p.m to closing, Any change to this schedule shall be reviewed
and approved by he Planning Commission as a Reports and
Recommendations item.
23.' That subject property shall be developed and maintained 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 F~chibit Nos. 1 through 4, and as conditioned herein!
24: That the use of all pyrotechnical material, special effects, and fireworks
shall be permitted only if, and to the extent, approved by the Anaheim
Fire Department prior to their use.
25s That any and all'security officers provided shall comply with all State
and Local ordinances regulating their services, Including, without
limitation, Chap4er 11.5 of Division 3 of the California Business and
Profession Code (Section 4.16.070 Anaheim`Municipaf Code).
26i 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 7 s
ATTACHMENT - ITEM N0. 3
PETITIONER'S STATEMENT
JUSTIFICATION FOR REINSTATEMENT
° Section 18:03.093 of the Anaheim Municipal Code requires that before any conditional use permit or vedance containing a
time limitation can be reinstated far an additional period of time, or before such time limitation may be deleted or modified by
the Planning Commission or Zoning Administrator, the following must be shown:
1. The facts necessary to support each and every required showing for the issuance of such entitlement as set forth in
the following excerpts from the Anaheim Zoning Code stilt exist:
18.03.030 (Relative to Conditional Use Permits)
Before the City Council of Planning Commission may grant any request for a conditional use permft, it must make a
finding of fact, by resolution, that the evidence presented shows that all of the following exist:
.031 That the proposed use is properly one for which a conditional use permit is authorized by this code, or is not
listed herein as being a permitted use;
.032 That the proposed use will not adversely affect the adjoining land uses and the growth and development of
the area in which it is proposed to be located;
.033 That the size and shape of the site proposed for the use is adequate to allow the full development of the
proposed use fn a manner not detrimental to the particular area nor to the peace, health, safety and general
welfare;
.034 That the traffic generated by the proposed use will not impose an undue burden upon the streets and
highwaysdesigned and improved to carry the traffic in the area;
.035 That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to
the peace, health, safety and general welfare of the citizens of the City of Anaheim;`
18.03:040 (Relative to Variances)-
Before any variance may be granted by the Planning Commission it shall be shown:
.031 That there are special circumstances applicable to the property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical zoning classification in the vicinity;
.032 That, because of special circumstances shown in .031, strict application of the zoning code deprives the
property of privileges enjoyed by other property under identical zoning classircation in the vicinity.
2. Said permit or variance Is being exercised substantially in the same manner and in conformance with all conditions
and stipulations originally approved by the approval body;
3. Said permit or variance is being exercised In a manner not detrimental to the particular area and surrounding land
uses, nor td the public peace, health, safety. and general welfare; and
4: With regard only to any deletion of a time limitation; such deletion is necessary to permit reasonable operation under
the permit or variance as granted.
° In order to determine if such findings exist, and to assist the Zoning Administrator or Planning Commission fo arrive at a
decision, please answer the following questions fully and as complete as possible. Attach additional sheets if additional
space is needed.,
1. Has any physical aspect of the property for which this use permit or variance been granted changed significantly
since the issu~~an//c''e of this use pe//rmit or variance? ^ YES ~NO
Explain: N4 ~T~ L~I[• S
(over)
CASE N Z~~'
2. Have the and uses in the immediate vicinity changed since the issuance of this use permit or variance?
^ YES NO '
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3. Has any spect of the nature of the operation changed since the issuance of this use permit or vartance7
^ YES~NO
Explalm ~~ , ~ ~~ (_L t <
4. Are the conditio//ns of approval'pertaining to the use/permit or va/r~iance being co lied with? YES ^ NO
Explain: Ql( ~•~,da( -7`'k'fz-LS F~'+~ Ld'o~il /•
5. Ifyou are requesting a deletion of the time limitation, is this deletion necessary for the continued operation of this use
or variance? ,YES ^ NO
Explain: ~GJK'~~ 0 ~~(,GCC'-S Q i'~"i~~~~ I"' .
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Z06225JK.DOC 17147
CASE NO.
2
ATTACHMENT - ITEM N0. 3
RESOLUTION NO. PC2002-52
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 2681, AND
AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2001-36,
ADOPTED THEREWITH
WHEREAS; on May 13, 1985, the Planning Commission, by its Resolution No. PC85-124,
approved Conditional Use Permit No. 2681 to permit an enclosed freestanding restaurant with on-
premises sale and consumption of alcoholic beverages and waiver of minimum number of parking spaces
at 480 North Glassell Street; and ;
WHEREAS, on January 24, 1994, the Planning Commission, by its Resolution No. PC94-9,
amended the above-mentioned Resolution No. PC85-124 to permit four billiard tables in the existing
restaurant with on-premises sale and consumption of alcoholic beverages for five years until January 24,
1999; and
WHEREAS, on December 8, 1997, the Planning Commission, by its Resolution No. PC97-
172; amended the above-mentioned resolutions to permit live entertainment in the existing restaurant for
18 months until December 20, 1997; and
WHEREAS, on March 29, 1999, the Planning Commission, by its Resolution No. PC99-59,
amended the above-mentioned resolutions and reinstated the live entertainment with dinner dancing and
...the three billiard tables in the restaurant until March 29, 2001; and
WHEREAS, on March 26, 2001, the Planning Commission, by its Resolution Nd. PC2001-
36, amended the above-mentioned resolutions to reinstate the live entertainment with dinner dancing and
the three billiard tables in the restaurant until March 26, 2002;. and
WHEREAS, this property is developed with a 5,500 sq.ft. restaurant (Press Box Sports Bar
and Grill). in Development Area 1 (Industrial Area) of the Northeast Area Specific Plan No. SP94-1; that
the Anaheim General Plan designates this property for General Industrial land uses; and that the
property is located in the Redevelopment Alpha Project Area; and
WHEREAS, the petitioner has requested reinstatement of this conditional use permit, which
undecCondition No. 1 of Resolution No. PC2001-36 expires on March 26, 2002, to retain the previously-
approved restaurant with sale. of alcoholic beverages for on-premises consumption and with three billiard
tables, and to add public entertainment (i.e., cover charge); and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on April 8, 2002., at 1:30 p.m., notice of said public hearing having been duly given as
required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to
hear and consider evidence for and against said proposed amendment and to investigate and make
findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself
and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find
and determine the following facts
1. That the proposed use is properly one for which a conditional use permit is authorized by
the Zoning Code.
2. That the proposal, as amended, will not adversely affect the adjoining land uses and the
growth and development of the area in which it is located.
CR5334DM.doc -1- PC2001-52
3. That the size and shape of the site for the proposal is adequate to allow full development
of the use in a manner not detrimental to the particular area nor to the peace, health, safety and general
welfare. ~- ~-~ --
4. That the traffic generated by the use will not impose an undue burden upon the streets
and highways designed and improved to carry the traffic in the area:
5. That granting this reinstatement, under fhe conditions imposed, will not be detrimental to
the peace, health, safety and general welfare of the citizens of the City of Anaheim.
6: That this conditional use permit is being exercised in substantially the same;,:anner and
in conformance with all conditions and stipulations originally approved by the Planning Commission.
7. That this conditional use permit is being exercised in a manner not detrimental to the
particular area and surrounding land uses, nor to the public peace, health, safety and general welfare.
8. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to reinstate this conditional use permit to retain the
restaurant at 480 North Glassell Street (Press Box Sports Bar and Grill) with the sale of alcoholic
beverages for on-premises consumption and with three billiard tables and public entertainment (i.e., cover
charge); and does hereby find that the Negative Declaration previously approved in connection with
Conditional Use Permit No: 2681 is adequate to serve as the required environmental documentation in
connection with this request upon finding that the declaration reflects the independent judgment of the
lead agency and that it has considered the previously approved Negative teclaration together with any
comments received during the public review process and further finding on the basis of the initial study
and any comments received that there is no substantial evidence that the :project will have a significant
effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby reinstate Conditional Use Permit No: 2681. for one (1) year to expire on March 26, 2003, to retain
the restaurant with sales of alcoholic. beverages for on premises consumption with three billiard tables
and public entertainment (i.e. cover charge);
AND BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does
hereby amend, the conditions of approval, in their entirety, to read as follows:
1. That the entitlement for three (3) billiard tables and public entertainment, including a cover charge,
shall expire on March 26, 2003.
2. That the hours of operation shall be limited to the followingF
Monday -Thursday 11:00 a.m: - 1:00 a.m.
Friday -Saturday 11:00 a.m. - 2:00 a.m.
Sunday 1:00 p.m. - 10:00 p:m.
3. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file
with said Department. Said storage areas shall be designed, located and screened so as not to be
readily identifiable from adjacent streets or highways. The walls of the storage areas shall be
protected from graffiti opportunities by the use of plants such as minimum one (1) gallon sized
clinging vines planted on maximum three (3) foot centers or tall shrubbery.
-Z- PC2002-52
4. That in the eveht a parcel map to subdivide subject property is recorded, an unsubordinated
restricted covenant providing reciprocal accessand parking, approved by the City Traffic and
Transportation Manager and the Zoning Division and in'a form satisfactory to the City Attorney, shall
be recorded with the Office of the Orange County Recorder. A copy of the recorded covenant shall
then be submitted to the Zoning Divisidn. In addition; provisions shall be made in the covenant to
guarantee that the entire complex shall be managed and maintained as one (1) ihtegral parcel for
purposes of parking; vehicular circulation, signage, mainteriance, land usage and architectural
control, and that the covenant shall be referenced in all deeds transferring all or any part of the
'interest in the property.
5. That all air conditioning facilities and other roof and'ground mounted equipment shall be properly
shielded from view.
6. That the proposal shall comply with alt signing requirements for Development Area 1 (Industrial
Area) of the SP94-1 (Northeast Area Specific Plan) Zone unless a variance allowing sign waivers is
approved by the Planning Commission or City Council
7. 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.
8. That there shall be no bar or lounge maintained on the property unless licensed by the Department
of AlcoholicBeverage Control ("ABC") and approved by the City of Anaheim:
9. That food service with a full meal shall be available from opening time until closing time, on each day
of operation.
10. That there shall be no more than three (3) pool tables maintained upon the premises aYany time.
11. That subject alcoholic beverage license shall not be exchanged for a public premises (bar) type
license nor shall the establishmentbenperated as a "publicpremises" as defined in Section 23039
of the California Business and Professions Code.
12. That the sale of alcoholic beverages shall not exceed forty percent (40%) 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, subject to audit and, when requested inspection by any City of
Anaheim official during reasonable business hours.
13. That there shall tie 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.
14. That the sale of alcoholic beverages for consumption off the premises shall be prohibited.
15. That 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 alcohol beverages, with the exception
of one (1) sign indicating "cocktails:"
16. That the activities occurring in conjunction with the operation of this establishment shall'not cause
noise disturbance to surrounding properties.
17. That at all times when entertainment, dancing and/or a cover charge is permitted, a minimum of two
(2) uniformed security officers 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 prevent disturbance to the
neighborhood by excessive noise created by patrons entering or leaving the premises.
-3- PC2002-52
18. That the parking lot serving the premises shall be maintained 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
uhreasonably illuminate the windows of nearby residences.
19. 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 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.
20. That all doors serving subject restaurant shall conform to the requirements of the Uniform Fire Code
and shall be kept closed and unlocked at all times during hours of operation except far
ingresslegress, to permit deliveries and in cases of emergency.
21. That there shall be no public telephones on the premises located outside the building..
22. That the business owner shall notify the Anaheim Police Department, Vice Detail, thirty (30) days in
advance of any entertainment event at this location, which event will be furnished by an outside
promoter. This notice shall include the name, address and phone number of the promoter and
detailed information on the type of event including dates, hours, anticipated attendance and nature
of event..
23. That the public entertainment shall be limited to Tuesday through Saturday nights from 8 p.m. to
closing. Any change to this schedule shall be reviewed and approved by the Planning Commission
as a "Reports and Recommendations" item.
24. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1 through 4, and as conditioned herein.
25. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and
Federal regulations. Approval does not include any action or findings as to compliance or approval
of the request regarding any other applicable ordinance, regulation or requirement.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 8, 2002.
1Or(d,inal signed by Craig Anthony Arnold)
CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
(Original slgnad Dy Eleanor Fernandes)
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
-4- PC2002-52
I, Eleanor Fernandes, Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on April 8, 2002, by the following vote of the members thereof;
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, EASTMAN, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BRISTOL
IN WITNESS WHEREOF, I have hereunto set my hand this day of
.2002.
{Arigjaal eigncd by Eleanor Forntind~l
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-5- PC2002-52
ATTACHMENT - ITEM N0, 3
MEMORANDUM
CITY OF ANAHEIM
Code Enforcement Division
DATE: APRIL 9, 2003
TO; AMY VAZQUEZ, ASSOCIATE PLANNER
FROM: DON YOURSTONE, SENIOR CODE ENFORCEMENT OFFICER
SUBJECT: PRESS BOX, 480 N. GLASSELL STREET, ANAHEIM, CA. RESTATEMENT
OF CONDITIONAL USE PERMIT # 2681
This memo is written in response to your request for information regarding The Press Box
located at 480 N. Glassell Street.
Code Enforcement records indicate no complaints have been submitted regarding the operation
of this business.
On February 25, 2003, I met with the owner of the business, Bryan Kahng and we conducted an
inspection of his restaurant. I found that the restaurant was operating within the conditions of
approval for Conditional Use Permit # 2681. I requested from Mr. Kahng a statement regazding
the percentage of food sales to the sale of alcohol for his business. Mr. Kahng stated that he
would provide me with the statement as soon as possible.
Code Enforcement Division will continue to monitor and document all Anaheim Municipal Code
violations occumng at this location.
If you have any further questions regarding this matter, please feel free to contact me at ext.
4451.
m788dy:doc
CONDITIONAL USE PERMIT
NO 2~0 ~ ~
ATTACHMENT - ITEM N0. 3
&'~ 1~ SJ
City of Anaheim
POLICE DEPARTMENT
DATE: April 8, 2003
TO: Amy Vasquea
Planning Department
FROM: Sergeant Thomas J. Smith
Vice Detail
SUBJECT: Conditional Use Permit 2681/Tracking 2003-04682
LOCATION: The Press Box
480 North Glassell Street
Anaheim, CA 92806
The Police Department received an I.D.C. Route Sheet for Conditional Use Permit
2681. The applicant is requesting reinstatement of this permit and to delete a time
limitation to retain a previously approved restaurant with sales of alcoholic beverages
for on premises consumption.
The location is within Reporting District 1432, which has a Crime Rate of 385 percent
above average. The Reporting District to the North is 1332 and has a crime rate of 92
percent below average. The Reporting District to the South is the City of Orange. The
Reporting District to the West is 1431 and has a crime rate of 44 percent below
average. The Reporting District to the East is 133311433. The crime rate for Reporting
District 1333 is 75 percent below average. The crime rate for Reporting District 1433 is
64 percent below average.
From March 1, 2002 through March 24, 2003 this location had 13 calls for service.
These calls consist of 1 petty theft, 2 trespassing., 1 robbery, 1 robbery alarm silent, 1
assault, 1 hit and run misdemeanor, 1 suspicious circumstance, 2 disturbances, 1 keep
the peace, 1 fight, and 1 hit and run parked vehicle. Of these 13 calls 4 reports related
to the business were generated, the reports consist of 1 petty theft, 1 assault and
battery, 1 traffic accident, and one hit and run parked vehicle.
The Police Department does not oppose this request provided all other conditions still
remain on the Conditional Use Permit.
f:\home\lgovemale/2003-04682 The PressBox.doc CON~ITI~N/-1L U$E PER~''.~
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Variance No. 2003-04558 ~ ' ~; Subject Property
Tentative Tract Map No. 16492 Date: May 5, 2003
Scale: 1" = 200'
Requested By: COMMUNITY DEVELOPMENT DEPARTMENT Q.S. No. 84
REQUEST WAIVERS OF: (A) MINIMUM STRUCTURAL SETBACK ADJACENT TO A COLLECTOR STREET
(B) MINIMUM STRUCTURAL SETBACK ADJACENT TO AN ARTERIAL HIGHWAY
(C) REQUIRED RECREATIONAL LEISURE AREA
TO CONSTRUCT 20 DETACHED, 36 ATTACHED "AFFORDABLE" SINGLE-FAMILY RESIDENTIAL DWELLING
UNITS WITH INCENTIVES IN LIEU OF A DENSITY BONUS.
TENTATIVE TRACT MAP NO. 16492: TO ESTABLISH A 21-LOT, 56-UNIT DETACHED AND
ATTACHED SINGLE-FAMILY RESIDENTIAL SUBDIVISION.
COUNCIL POLICY NO. 542: REQUESTS WAIVER OF COUNCIL POLICY PERTANING TO SOUND
ATTENUATION FOR SINGLE-FAMILY RESIDENCES ADJACENT TO RAILROAD RIGHT-OF-WAY.
501-541 South Anaheim Boulevard and 100-142 West Santa Ana Street-Trucking Site s6
Staff Report to the'
Planning Commission
May 5,'2003
Item No 4
4a CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVEDI
4b. '.VARIANCE NOE2003-04558 (Motion for coritinuance)
4c TENTATIVE TRACT MAP'N0.16492
4d'' WAIVER OFCOUNCIL POLICY NO'S42
SITE LOCATION ANDbESCRIPTION:
(1) This irregularly-shaped 5.6 acre property is Iocated'at the southwest corner of Anaheim
Boulevard and Santa Ana Street with frohtages'of 572 feet on the west side of Anaheim
Boulevard and 531 feet on the south side of Santa'Ana Street (501-541 South Anaheim
Boulevard and 100-142 West Santa Ana Street -Trucking Site).
REQUEST:
(2) Petitioner requests approval of the following:
Variance No. 2003-04558 - to eonstrucC 20 detached and 36 attached "affordable" single-
:' family residential tlwelling units with incentives in lieu of a density bonus'under the authority
of Code Sections 18.03.040 and 18.5ti:030.0201 with waivers of the following:
SECTION NO. 18.31.063.012.! Minimum structural setback adiacent to a
collector street 15 feet required;:'..
10=12 feet proposed).::
.`SECTION NO. 18.56.053.0303(1) Minimum structural setback adiacent to
an arterial fiighway 17 feet required; 12
feet proposed).
SECTION NO. 18:56.053.0303(5) Required recreational leisure area
1( 8,000 square feefrequired:
no countable area proposed).
Tentative Tract Mao No. 16492 - to establish a 21-lot (20 single-family residential lots and 1
airspace lot forsingle-familylresidentiaf condominiums), fora 56-unit detached and
attached,"affordable" single-family residential condominium subdivision.
Waiver of CounciCPolicv No: 542 - no habitable residential structure shall be
`located: less than 100 feet from a railroad track; fiabitable sttvctures located within'
57 feet proposed.
BACKGROUND: r
(3) This property has been vacant for three years and was previously developed with a
trucking distribution center: The current zoning is ML (SABCj (Limited Manufacturing -
South Anaheim Boulevard Corridor) Overlay Zone and designated for Low-Medium. Density
Residential land uses on the Anaheim General Plan Land Use Element Map. The property
is also located in the Commercial Industrial Redevelopment Project Area.
sr1115cw.doc
Page 1
Staff Report o the
Planning Commission'
May 5, 2003
Item No. 4
(4) The property owner, the'Anaheim Redevelopment Agency, has submitted the attached
memorandum requesting atwo-week continuance to the May 19,'2003, Commission
meeting in effort to sutimit a revised site plartand readvertise the project.
RECOMMENDATION:
(5) That the Commission, by motion, continue this item to the May 19, 2003, meeting.
Page 2
ATTACHMENT - ITEM N0. 4
MEMORANDUIN
CITY OF ,4NAHEIM ---
Community Development Department
DATE: April 28, 2003
TO: Planning Department
FROM: Community Developmeryl~~~/
SUBJECT: REQUEST FOR A CONTINUANCE FOR THE PROPERTY AT 501
SOUTH ANAHEIM BOULEVARD
The Community Development Department is requesting atwo-week continuance for the
project located at 501 South Anaheim Boulevard. (Variance Number 2003-04558
Tentative Tract Map Number 16492) The Department is requesting the continuance in
order to re-advertise an additional waiver. The requested hearing date is May 19, 2003.
If you have any questions or concerns regarding this matter, please call me at ext.
4315. Thank you for your assistance.
a Clare Fletcher
Damien Delany
VICTOR AVE
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Conditional Use Permit No. 2003-04679 ", , ,~ Subject Property
Date: May 5, 2003
Scale: 1" = 200'
Requested By: JOHN CARLSON Q.S.'No. 60
TO CONSTRUCT A PARKING LOT ACCESSORY TO AN EXISTING CHURCH WITH WAIVER OF
SETBACK FOR INSTITUTIONAL USES ADJACENT TO A RESIDENTIAL ZONE.
627 West la Palma Avenue
660
s Staff Report to the
Planning Commission
May 5;.2003
Item No 5
5a. CEQA CATEGORICAL EXEMPTION=CLASS 11 (Motion)
5b.` ' WAIVER OF CODE REQUIREMENT' (Motion)
5c. ' CONDITIONAL USE PERMIT N0. 2003-04679 > (Resolution) `
SITE LOCATION AND DESCRIPTION:
(1) :This irregularly-shaped 5.8 acre property has a frontage of 569 feet on the north side of La
(Palma Avenue, a maximum depth of 367 feet and is located' 570 feet west of the centerline
of Harbor Boulevard'(627 West La Palma Avenue).'
REQUEST:
(2) The petitioner requests approval of a contlitional use permit under authority of Code
;Section No. 18.21.050.110 to construct a parking Jot accessory to an existing chinch with
i waiver of the following:
Section 18.04.042:020 Institutional uses'adiacehtto residential zones.
15-foot landscape setback;required; 8-foot landscape
setback proposed adjacentao the north property ine;
and none proposed adjacent to west parking lot
boundary.)
BACKGROUND::
(3) The property is developed with he City of Fullerton Water Well and Pumping Plantand is
<zoned RS-A-43,000: Only the northeastportion ofthe property contiguous to the church
would be used for the proposed parking,lot. The General Plan Land Use Element Map
:designates this property for Water Uses.-
(4) ! Surrounding land uses are as follows:
Direction Land Use Zoning Generai Plart
Desi nationi
North' Single-Family RS-7200 Low Density Residential
Residences=
East- c :Church CL GeneratCommercial
South and East: Retirement Care Center CL Generai Commercial
South (across`La Apartments'and RM-120D, CL General Commercial ;-
Palma Avenue);. Neighborhood Shopping '& CH
Center
West : :.City of Fullerton Water. RS-A-43,000: Water Uses
Wells & Pum in Plant
(5) No previous zoning actions pertain to thisproperty.
sr8593m.doc
Page 1
Staff ReporEto the
Planning Commission
May 5, 2003'
Item No. 5
PROPOSAL:
(6) This request is to construct an accessory parking lot for patrons of the adjacent church
(Calvary Chapel OpemDoor) located to the east at 1011: North Harbor Boulevard. The site
plan (Exhibit No. 1) indicates an 13Y-space parking lok would be constructed'on a 252-foot
long by 177-foot wide portion of the property: currently unused by the City of Fullerton. The
remaining portion of the'propertywould continue to be used as a water pumping facility. A
proposed 6-foot high chain link fence would separate the new parking lot from the balance
of the property. Plans further indicate the parking lot would be enclosed with existing chain
link fencing oh the north property line and new chain link fencing on the southern boundary
of the parking lot.
'(7) Plans indicate that the existing church parking lot would'eliminate'2 parking spaces in order
to'provide ingress/egress to the new proposed lot. The existing church parking lot currently
contains 42 paces. The proposed parking lot would create a total of 1 ^ ;parking spaces.
The proposed parking Jot would be accessed'via an existing driveway f: m the adjacent
church property contiguous and east of the proposed parking lot. Two r_=iiing gates are
proposed between the existing church parking lot and the new parking lot for
ingress/egress into the'new area
(8) The landscape plan (Exhibit No. 2) indicates 3 existing mature trees would be removed in
order to construct the parking lot, including two Silk Oak trees and one Evergreen Elm tree.
Additionally, a total of 16 new trees would be'planted and 3 existing mature Gees would be
retained in the parking lot landscape planters; The new trees would include,l2 Brisbane
Box trees (15=gallon in size) within an existing 8 foot wide landscape planter`along the
north property line abutting the single-family fiomes, and 4 Can•otwood trees: (24-inch box
size) in landscape planters withinthe parking; lot. Groundcover and shrubs are also
proposed in the landscape planter'areas. Code requires a minimum setback of 15 feetfor
institutional uses when adjacent to'a residential zone boundary.
`(9) The petitioner's letter of operation indicates the church currently conducts services Monday
through Thursday from 7 p.m. to 9'p.m., and Sunday from 8 a.m. 0 9 p.m., with
approximately 300 congregants. Office hours are 8:30'a.m. to 4 p.m., Monday through
Saturday. The petitioner further states the proposed parking lot would primarily serve as
overflow parking for Sunday services with occasional evening usage for special activities
during the year (e.g., Christmas programs). ';
Page 2
Staff Report to the
Planning Commission
May 5,' 2003
Item No; 5
ENVIRONMENTAL IMPACT ANALYSIS:
a, (10) The Planning Director's authorized representative has determined that the proposed project '
;falls within the definition of Categorical Ezemptions,;Section 15301, Ciass 11 (Accessory
.Structures), as defined in the State CEQA Guidelines and is, therefore, exempt from the
;.requirement to prepare additional environmental documentation.
GROWTH MANAGEMENT ELEMENT ANALYSIS:
(11) -The proposed project has been reviewed: by affected City departments to' determine
;whether ifconforms with the Citys Growth Management Element adopted by the City
`Council on March 17t 1992. Based on City staff review of the, proposed project, it has been
determined that this'project does not fit within the scope necessary to require a Growth
Management Element analysis, therefore; no analysis has been performed.
EVALUATION:
(12) Churches, including accessory parking, are conditionally permitted uses in the RS-A-
: 43,000 Zone. This request is to allow an'accessory parking lot for Calvary Open Door
Church located at 1011 North Harbor Boulevard. No new structures areproposed on this
property or the adjacent churchproperty. ;The existing church was previously approved
with a parking waiver under Conditional Use Permit No. 3693. The proposed expansion
"would add 81 additional spaces for a total'of 123 spaces, Currently, Code would require 61
parking spaces for the church based on'29 spaces per 1,000 square feef of assembly area
and 4 spaces per 1,000 square feet of office (1,920: of assembly area x:29/1,000 square
:.feet and 1`,438 square feet of office area x 4/1,000 square feet). Therefore, the proposed
parking lot expansion brings parking for the church into full compliance with Code
::requirements.
(13) Waiver (a) pertains to the required setback for institutional uses adjacenf to residential
zones. Code requires a 15-foot wide landscaped setback at the north and west property
lines. Plans indicate an existing 8-foot wide setback'at the north property line and ho
.'setback for the westboundary`(not property) line. It'should benoted that a waiver of
"required setback for institutional uses adjacent to a residential'zone was'granted in' 1994,
for the church's original parking lot whenit proposed to maintain the existing parking lot
:'configuration. Staff supports this request-for consistency with he existing parkinglot
r'setback and because no new structures are proposed for the new parking area.
(14) :Staff is concerned that this proposal does not include a continuation of ablock wall'along
the north'property line. Staff believes that the continuation offihe block wall in this ocation
'would offer buffering for the adjacent residential properties. The submitted planting plan
indicates.that frees are proposed in this area at adequate intervals to screen the proposed
.:parking lot from the adjacent residential properties. iStaff has added a condition of
.::approval to require a 8-foot high block wall along the north property line of the proposed
:'parking lot area.
Page 3
Staff Report to the
.Planning Commission
May 5, 2003:
Item No. 5
FINDINGS:
'(15) When practical difficulties or unnecessary hardships result from strict enforcement of the
Zoning Code,' a modification maybe granted for the purpose of assuring that no property,
because of special circumstances'applicable to it, shall be deprived of privileges commonly
enjoyed by other properties in the'same vicinity and zone. The sole purpose of any code
waiver is to prevent discrimination'and none'shall be approved which wouldhave 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) 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 underidentical zoning classification in the vicinity':
(16) Before the Planning Commission grants any conditional use permit, It must make a fintling
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 bot adversely affect the adjoining land uses and the
growth and development of the area'h which if is proposed to be located;
(c); That the size and shape ofthe site for the proposed use is adequate to allow the full
development of the proposed use in a manner not detrimental to the! particular area
nor to the peace, health, safety, and.general welfare;
(d) That the traffic generated by the proposed use will not impose an undue burden
upon the streets and highways designed and improved to'carry the traffic in the
area;'and
(e) That the granting of the conditional use permit under the conditions imposed, if any,
will not be detrimental to the peace, health, safety and general welfare of the
citizens of the City of Anaheim.
RECOMMENDATION:
+(17) Staff recommends that unless additional or contrary information is received'during the
meeting, andrbased upon the evidence submitted to the Planning Commission, including
the'evidencepresented+ nthis staff report, and oral and written evidence presented afthe
public hearing that Planning Commission take the following actions:
(a) By motion, determine that the project is Categorically Exempt under Section 15311,
Classll (Accessory Structures) of,the CEQA Guidelines.-
Page 4
Staff Report to the
Planning Commission
May 5; 2003
Item No; 5
(b) ey motion, aoorove the waiver pertaining to institutional uses adjacent to residential
zones based: on the fact that the no new structures are:: proposed in conjunction with
the parking lot and the'continuation of the existing landscape settiack of 8 feet
would adequately buffer the parking area from adjacent residences.
!(c) ByYesolutiort; a rove Conditional Use Permit No. 2003-04679 (to construct a
parking lot accessory to an existing church) based oo the following:
(i) That this use js property one for which a conditional use permit is
authorized in the RS-A-43,000 zone.
(iiJ That as conditioned herein, the size and shape of this site is adequate to
allow the full development of the accessory parking lot in a manner not
detrimental to is area nor to the peace, health, safety and general
welfare, nor the citizens of the City of Anaheim.
(iii). Thai the traffic generated by the proposed parking lot woufd be
accommodated by the existing driveway from Harbor Boulevard and would
not impose an undue burden upoh'!he streets"and highways designed and
improved to carry traffic in the area. This parking lot would not create
additional traffic but would serve to'meet an existing demand for parking
associated with existing;church operations.
THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS
AN INTERDEPARTMENTAL COMMITTEE AND ARE RECOMMENDED FOR'ADOPTION BY THE
PLANNING COMMISSION IN THE EVENT THAT THIS PERMIT IS'APPROVED.
1. That this property shall be used only for purposes of overflow parking for the'church located at
101:1 North Harbor Boulevard (Conditional Use Permit No. 3693),'and shallonly be used for
day. time services. No other activities shall occur on this property.',
'2. That the parking lot shall be permitted on occasion to be used in the evening;hours forspecial
service events that require additional parking: However; in no event shall the parking lpt be
used after 9 p:m.
3. That in conformance with submitted plans, two (2) rolling gates sftall be installed separating the
existing church parking?Iot from the new parking lot in order to adequately secure the new
parking lot area. These'gates shah remain locked at alt imes when the parking lot is not in use.
r 4. That an eighY(8)-foot high decorative masonry block wall shall be constructed and maintained
along the north propertyline adjacent to the residencesa Clinging. vines to eliminate graffiti
opportunities'shall be planted on maximum 3-foot centers, irrigated and maintained, adjacent to
said wall. Said information shall be specifically shown on plans submitted for Zoning and
Building Division approval.
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 dead.
6. That the landscape planters shall be permanently maintained with live and healthy plant
materials.
Page 5'
Staff Report to the
Planning Commission
May 5 2003
.Item No. 5
7.: That all new trees shall be minimum 24-inch boz in size, planted in the parking lot landscape
planters with appropriate irrigation facilities.
8. That minimum 24-inch box sized trees adjacent to the north property lines shall be planted and
maintained in a manner to provide an effective visual buffer to the adjacent residential
properties.
9.` 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) hours from time of occurrence.
10. That any required relocation of City electrical facility shall be at the developer's expense.
11. That any parking, lot lighting fixtures shall be decorative and shall be down-lighted with a
maximum height'of twelve (12) feet. Said lighting fixtures shall be directed away from adjacent
resldential property lines to protect the residential integrity of the area?and shalt; be so-specked
on the plans submitted for Police Department, Community Services Division and Zoning
Division approval.
12. That prior to grading plan approval, the develop shall submit a Water Quality Management Plan
(WOMP) specifically identifying the post construction best management practices that will be
used on-site to control predictable pollutants from storm water runoff.! The W QMP shall be
submitted to the Public Works Department, Development Services Division for review and
approval.
13. That all lockablepedestriahsnd/orvehicular access gates shall be equipped with "knox box"
devices as required and approved by,the Fire Department. r
14. That plans shall be submitted to the City Traffic and Transportation Manager for: his review and
approval in conformance with the current version of Engineering Standard PlanNos. 436; 601
and 602 pertaining to parking standards and driveway location. Subject property shall
thereupon be developed and maintained in conformance with said plans.
15. That gates shall not be installed across any driveway or private stree4 in a manner which may
adversely affect vehicular traffic on the adjacent public street(s). Installation of any gatesshall
conform to the Ehgineering Standard Pian Na: 609 and shall be subject to the review and'::
approval of the City Traffic'and Transportation manager prior to issuance of a building permit.
16. That the driveway on Harbor Boulevard shall be reconstructed with ten (10) foot radius curb
returns as required by the;City Engineer in conformance with Engineering Standard No. 137.
17. That since this project has landscaping area exceeding 2;500 squarefieet, a separate irrigation
meter: shall be installed in compliance with Chapter 10.19 of the Anaheim Muhicipal Cotle and
Ordinance No: 5349 regarding water'conservation.
18. That subject properly 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 Department marked Exhibit Nos. 1 and 2; and as condifioned herein.
:Page 6
Staff Report to the
Planning`Commission
May 5 2003
i Item NoC 5
19. That prior to issuance of a building. permit, orprior to commencement of the activity authorized
by his resolution, or within a period of one: (1) year from the date of this resolution, whichever
occurs first, Condition Nos. 3, 4, 7 8, 11, 12,14, 15, 16'and 18, above-mentioned, shall be
complied with: Extensions for further time to complete said conditions may tie granted in
accordance with Section 18.03.090 of the Anaheim Municipal Code.
20. That approval'of this application constitutes approval of the proposed request only to the extent
that it complies with the'Anahelm Municipa(Zoning Code and any other applicable City; State
and Federal regulations. Approval does not include any action or findings as to compliance or
approval of the requestregarding any othefapplicable o~dinance,!'regulation or requirement.
Page 7 -'
ATTACHMENT - ITEM 1J0. 5
SECTION 4
PETITIONER'S STATEMENT OF
JUSTIFICATION FOR VARIANCE/CODE WAIVER
(NOT REQUIRED FOR PARKING WAIVER)
REQUEST FOR WAIVER OF CODE SECTION:
PERTAINING TO:
(A separate statement is required for each Code
Sections 18.03.040.030 and 18.12:060 of the Anaheim Municipal Cade require that before any variance or Code waiver maybe
granted by the Zoning Administrator or Planning Commission, the following shall be shown:
1. That there aze special circumstances applicable to the property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical zoning classification in the vicinity; and
2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges
enjoyed by other property under identical zoning classification in the vicinity.
In order to determine if such special circumstances exist, and to .assist the Zoning Administrator or Planning Commission to
arrive at a decision, please answer each of the following questions regazding the property for which a variance is sought, fully
and as completely as possible. If you need additional space, you may attach additional pages.
1. Are there special pircumstances 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: T t-lt s F' ARk rrt [,- I, o ~ ti S N EP Lr~E ~~
FQr.li ~~~P,L.~~ ~,1'~N% R`k 7~FC. ~.l1RflEiu C~P2~7ru'~ tZtT.RCNOU; (WkL c4
Lr\ 'PPirla ~~-Y Y~tE (=k~biit.rV C:~+uFl,-1 R. lv ~G CsIC1A.'G i-ol C~: Itk~'3C{( ~'L~'1~
2. Are the special circumstances that apply to the property different from other properties in the vicinity which aze in the
same zone as your property? / Yes _ No
If your answer is "yes," describe how the property is different:
vF A~=OuC P~1 C.
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:
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
whicl snot otherwi expressly authorized by Zone regulations governing subject property. Use variances aze not permitted.
Z ~ ~3
Signatu of Property Owner or Authorized Agent Date
DECEMBER 12, 2000
CONDITIONAL USE PERMITNARIANCE NO.
Cl1P N0. 2UU3 - 0 4 0 7 9
Were the special circujnstances created by causes beyond the control of the property owner (or previous property
owners)? _ Yes_/ No
ITEM N0, 6
--- -----
----
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ii
I
GERRtTOS PVEt4UE ~~
I
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89-00-15 Aa I
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f ~ PARKING LOT ~ s
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ARROWHEAD POND w
PARKING LOT w
I
Conditional Use Permit No. 2003-04686 fi Subject Property
Final Site Plan 2003-00003 Date: May 5, 2003
Scale: Graphic
Requested By: MICHAEL MOORS Q.S. No. 127
CUP2003-04666 -REQUEST TO PERMIT A VOCATIONAL SCHOOL WITHIN A NEW OFFICE BUILDING
AND ACCESSORY COMMERCIAL EVENT PARKING.
WITH WAIVERS OF: (A) MINIMUM NUMBER OF PARKING SPACES
(B) MINIMUM LANDSCAPED SETBACK ABUTTING A FREEWAY
FSP2003-00003 -REQUESTS REVIEW AND APPROVAL OF A FINAL SITE PLAN TO CONSTRUCT
A TWO-STORY OFFICE BUILDING WITHIN THE (SE) (SPORTS ENTERTAINMENT OVERLAY) ZONE.
1501-1551 South Douglass Road 657
Staff Report to the
Planning`Commissron
'May 5,! 2003
`item No`.'6
6a. '' ENVIRONMENTAL IMPACT REPORT NO.321 YPREVIOUSLY CERTIFIED)
6b. CONDITIONAL USE PERMIT N0: 2003-04686 (Motion for continuance)
6c. FINAL SITE PLAN REVIEW N0 2003-00003
SITE LOCATION AND DESCRIPTION::
(1) This irregularly-shaped 7.25-acre property has a frontage of 1,560 feet on the west side of
`bouglass Road, hasa maximum depth of 513 feet;"and is located 690 feet north of the
`centerline of Kateila Avenue (1501 -1551 South Douglass Road).
REQUEST:
(2) The petitioner requests approval of the following:
Conditional Use Permit No. 2003-04686 - o permif a vocational school within a new office
building antl accessory commercial evehtparking under the authority of Code Sections
`18.50.090:120 and 18.50.090:130 with waivers of the followings'
'(a) SECTION NOS.18.06.050.0263, Minimum number of oarkina
18.06.050:0232 and 18.50.160 spaces: 739 spaces required;
630 spaces proposed).
(b) SECTION NO. 18.50:130:0207 Minimum landscape setback
abutting a freeway 25'feet
required; 3 feetproposetl):
Final Site Plan Review No: 2003-00003 - to construct atwo-story office building within the
SE (Sports Entertainment)'Overlay Zone.':
BACKGROUND:
(3) This property is currently developed with a commercial event parking lot and is zoned ML
:.(Limited Industrial). The Anaheim General Plan Land Use Element Map designates this
property for Business Office/Mixed Usellndustrial land uses.
(4) On March 2, 1999, the City Council cert~ed EIR No: 321, approved General Plan
'Amendment No. 361, and adopted the Stadium Area Master Land Use Plan and the
',implementing Sports'Entertaihment (SE) bverlayZone (Chapter 18.50). ::This property is
located in'the Arrowhead Pohd District, as identified; by the Master Land Use Plan and
Section 18:50.110 of the (SE) Overlay Zone. In accordance with the requirements of the
SE Overlay Zone, staff will also be preparing an ordinance for,City Council consideration to
'.finalize the SE Overlay zoning on this property.
(5) The property owner„Mike Moore, has submitted the attached letter dated, April 29, 2003,
requesting a continuance to the May 19j 2003, Planning Commission meeting in order to
'r'evise the;parking study and to enhance the design: of the proposed office building.:!
.RECOMMENDATION:
(6) :That the Planning Commission; by motion, continue this item to the May l9, 2003,
meeting.
sr8595av
Page 1
ATTACHMENT - ITEM N0. 6
Tejas Partners, Ltd.
1748 W Ka[eila Ave., Sui[e 206
Orange, Ca. 92867_
714-516-2444
714-516-2442 Fax
Apri129, 2003
Amy Vazquez
Assistant Planner
City of Anaheim
City Hall
200 South Anaheim Boulevard
Anaheim, California 92802
RE: Request of Continuation of Planning Commission Hearing
Dear Amy,
Persuant to your request, please allow this letter to serve as our official request to
continue the Planning Commission meeting of May Sa' to May 19, 2003.
If I can be of any additional assistance, please feel free to contact David Rose at (909)
413-1907 or myself at (714) 516-2444 ext. 105
Managing General Partner
'fejas Partners, Ltd.
~.~NUITIONAL USE PERMIT
vo 2az3 -0410 ~l-
ITEt1 N0.
RSA-03,000
MARSHALL ELEMENTARY
SCHOOL
CRESCENT AVENUE
RM-3000
RCL 78-79-00
VAR 3098
V-906 S
CONC%]S
44 DU
Rn4lzoo
RCL 66fi]-59
VAR 2013 -
VAR 1971
VNA ADULT WING
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RCL @6-67-25
VAR 3645
APARTMENTS W
21 DU ~
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R8-7200 j RS-7200
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THE COMMONS
GARDEN APTS
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PR /
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GOLF COURSE
Conditions Use Permit No. 2003-04685 ' ~~' Subject Property
:.: ~UYb,vr.
Date: May 5, 2003
Scale: Graphic
Requested By: CARL J. LUGARO Q.S. No. 26
REQUEST TO CONSTRUCT AN AUTOMOBILE CARWASH FACILITY WITH AN ACCESSORY
FAST FOOD RESTAURANT AND ACCESSORY RETAIL SALES.
Parcel 1:590 North Magnolia Avenue and Parcel 2: 510-542 North Magnolia Avenue sss{zoosa-2s~
''Staff Report to the
Planning Commission
May 5' 2003
:'.Item Na 7
7a.' CEQANEGATIVE DECLARATION
7b.i CONDITIONAL USE PERMIT N0 2003-04685 i (Motion for continuance)
SITE LOCATION AND DESCRIPTION:
(1) Parcel 1: This rectangularly-shaped 0.49-acre property is located at the southeast corner of
Magnolia and Crescent Avenues having,frontages of 150 feet on the east side of Magnolia
?Avenue and 147 feet of frontage on the south side of CrescenfAvenue (590 NorthiMagnolia
':Avenue).
(2) Parcel 2: This irregularly-shaped 4.05-acre property is located'south and east of the southeast
:'comer of Magnolia and Crescent Avenues having frontages of 883 feet on the easYside of
'Magnolia Avenue antl 77 feet of frontageon the south side of CrescentiAvenue, and a
'maximum'depth of 1;033 feet (510-542 North Magnolia Avenue).
REQUEST:
(3) The petitioner requests approval of Conditional Use Permit No.!2003-p4685 under authority of
Code Section 18.44.050.080 to construct an automobile car wash facility with an accessory fast
`food restaurant and accessory,retail sales.
(3) George Hoeing, the representative of the land owner, Carl Lugaro, has Submitted a letter dated
':April iT, 2003, requesting a continuance to the May',19, 2003,.Planning Commissioh meeting in
'order to allow more ime to revise the proposal and submit an acoustical analysis to`
!'demonstrate compliance withlhe City's: Noise Ordinance.
RECOMMENDATION:
(4) 'That the Planning Commission, by motion, continue this item to the May 19, 2003, meeting as'
.;requested 6y the petitioner.
Sr50041r.doc
Page 1
4-iB-03; B:24AM; Weste rn State
~5~~~~ ~~8'~F'S
ENGINEERING 8 CONSTRUCTION, INC.
;14+769+2002 # 2/ 3
ATTACHMEtJT - ITEM N0. 7
733 N. Main Sheel
Orange, CA 92868
-y(714j 769.20DD
t714] 769-2002 fax
Llc# 723791' -' ..
wWw.wseclnc.com
CITY OF ANAHEIM
PLANNING DEPARTMENT
RE: 590 North Maonolia Ave. I Crescent Ave. -CUP Submittal
Ladies and Gentlemen,
Regarding the project listed above, we request a continuance of the project and we wish to postpone the public
hearing from the 05:05.2003 to the next hearing on the 05.19.2003.
We will update the plans according to suggestions from the interdepartmental meeting (D4.17.2003) and add a
sound study as required.
George Hoeing
Engineering
04.17.2003
ITEM tJO. 8
EUGENE PL
m
C
~ RS-7200
x z 1 DU EACH
~~
Io i t
LAMARK DR
RS-7200
1 DU EACH
1 DU EACH
ANAHEI_M_CIT.Y_LIMII;S
GARDEN GROVE CITY LIMITS I -~ 63
W
W
W
Z
W
U
W
SP 92-2
RCL 90-91-22
61-62-6
_ CUP 2634
CUP 2322
VAR 3242
V-3003
VACANT
N
0
W
0_
O
J
J
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CL _
RCL 9495-11
56-57-74
:UP 2003-04684
cuP 3771
SMALL SHOPS
2
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~ NW_
7
0' N ~
~ m
SP 92-2
RCL 90.91-22
RCL 89-90-26
69-90-09
RCL 65-66-03
CUP 3217
CUP 2943
VACANT
VAR
SP 92-2
RCL 90.91-22
RCL 89-90-25
RCL 67-88-09
RCL 66-66-03
GUP 3217
VACANT
ORANGEWOOD AVENUE
' CL
RCL 99-00-01 CL
56-57-74
~ RCL fi5-66-05
CUP 1891
i CUP 3878
SMALL SERV
STN.
SHOPS CL
RCL 77
78
14 .
g MINI MART
-
-
CUP 3295
CUP 1732 CL
CAPTAIN'S RCL 68-69-27
QUARTERS CUP 1695
MOTEL CUP 2877
CUP 1061
'
CARL
S JR.
o vx RESTAURANT
o
0
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RCL 85.86.19 CARRIAGE INN
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m CUP 1184
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V
1283
-
Cl
RCL 67.88.28
60-61-78
CUP 2971 COMFORT PAR
SUITES MOTEL
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Conditional Use Permit No. 2003-04684 ~~ Subject Property
Date: May 5, 2003
Scale: 1" = 200'
.Requested By: ALEX ABARY Q:S. No. 78
TO PERMIT A W.I.C. (WOMEN, INFANT AND CHILDREN) STORE AND TO ESTABLISH LAND
USE CONFORMITY WITH EXISTING ZONING CODE LAND USE REQUIREMENTS FOR A LEGAL
NONCONFORMING COMMERCIAL RETAIL CENTER WITH WAIVER OF MINIMUM NUMBER
OF PARKING SPACES.
RC
C
C
700 West Orangewood Avenue ss;
F
8ai CEQA NEGATIVE DECLARATION
8b 'WAIVER OF CODE'REQUIREMENT
8ci `CONDITIONAL!USE'PERMITN0:2003-04684
SITE LOCATION'AND DESCRIPTION:
(1) This rectangular-shaped, 0.18racre property is located at the so
Orangewood Avenue and Mallul Drive, having frontages of 63 fe
Orangewood Avenue and 120 feet on the west side of Mallul D~i~
Avenue):
c REQUEST:
(2) The petitioner requests approval of a conditional use permit undo
Sections118.44.050135 and 18.44:050.022 to establish land usE
Zoning Code land use requirements for an existing egal nondon
center and to permit a WIC (Women, Infant and Cfiildren) conve
the following:
SECTION NOS. 18:06.050:022 ' Minimum number of'i
18:06'050.0212'AND 19 spaces required;
18.44':066.050 recommended by the
S Transportation Mana
t to the :
~mmission
3
of
lewood
\JJ 1IIIJ iJ1.uFlCl ay la ldlllOllUY UGVCIUFlcY YVIU 1'O WYI-UI OO wnnnq Via, un n.m,c~m, uunwny m~u ~~
zoned CL (Commercial, Limited). The Anaheim General Plan`Land UseiElement Map
i designates this property for General Commercial land uses.
(4) Surrounding land uses are as follows:
Qirection .Land-Use ' Zoning General Plan.
Designation
North across ' Vacant Lot SP92-2 (Anaheim Commercial Recreation
Orangewood Avenue ' Resort Specific Plan)'
East across Mallul Small Commercial Retail CL General Commercial
Drive Center ''
'South Apartments 'RM-1200 ' Medium Density.:
Residential
West Single-Family Residence 'CL General Commercial
Sr3077ey
Page 1
i Staff Report to the
Planning'Commission
! May 5,.2003
Item No 8
are adjacent to Orangewood Avenue. The remaining two entrances areaccessed from the
parking lot to the rear of the building. The petitioner has indicated that customer and
employee access will only be :permitted through one door adjacent to Orangewood Avenue.
One rear door will tie utilized for the delivery of store products: only and would be limited to
'-the hours of 7:30 am. to noonl
(9) Vehicular access is provided to the property via a single driveway from Mallul Drive: The
site plan indicates a'total of 13'parking spaces proposed. Code requires`19 spaces based
on the following:
Business Name
Square footage Code-Required
=Parking Ratio
(per ~ooo sq. ft of
ross floorarea I: Required
Number of
Spaces
Babies Basic Nutrition 1,351 5.5 7.4
Infinity Real Estate 709 4 2.8
Happy Ways Travel 1,256 4 5.0
The Art Studio 804 4 3.2
Total 4,120 - 19
'
~ Proposed WIC
~
r~
~ r Convenience Store ~
.,
~ n
~~ ~
~~~
~
~ ~ ~~ ~
s
~."~ ,w,ty 4,
l ~F
~?.
t ~ N
n~
1 3
. '
~~
1
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~` ~.1~ F~„l~
~~ l
f2 .. _
.
.
+ d
"
rc a,91c to r_.: ..,...i v,.. ., s.,..3. e, iroH ..:-.,., F ,.., .-, ~.r.~. , o--rte ....~ , .;.. ,
. y
View of the property from Orangewood Avenue
Page 3
Staff Report to the
Planning :Commission:
May 5, 2003
Item No. 8
(10) The applicant has submitted a sign plan indicating the refacing of two existing wall signs to
advertise "Babies Basic Nutrition" on the east and north elevations adjacehf to Mallul Drive
and Orangewood Avenue, respectively. There are no`existing or proposed. freestanding
signs for this:property. ;
(11) The petitioner has submitted a letter of operation indicating the store wpuld'be open
Monday through Saturday, 8 a.m. rough 8 p.m., withi2 employees. Deliveries wouidi
occur between the hours of 7:30: a.m. and noon.
ENVIRONMENTAL IMPACT ANALYSIS:
(12) Staff has reviewed the proposal and the Initial Study (a`copy of which is available for review
in he Planning Department) and.finds no significant environmental impact and, therefore,
recommends that a Negative Declaration be approved: upon a finding by the. Commission
that the declaration reflects the independent judgment of the lead: agency; and that it has
cohsidered the proposed Negative Declaration together with anycomments 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 wilt have a
significanfeffect on tha'environment.
GROWTH MANAGEMENT ELEMENT ANALYSIS:
(13) The proposed project has been reviewed byaffected City departments to determine
whether it conforms to the City's Growth ManagementElement adopted by he City Council
on March 17,'.1992. Based on City staff review of the proposetl project, it has been
determined that this project does'not fit within the scope necessary to require a Growth
Management Element analysis, therefore, no analysts has been performetl.
EVALUATION:
(14) The existing commercial retail center was constructed prior to the Code provision requiring
a conditional use permit for a commercial retail center with three or more tenants and
therefore, is a nonconforming land use. Code provides that "while a nonconforming use
exists on any ot, no other use shall be permitted even though such other use would be a
conforming use " The petitioner is requesting to establish conformity with existing Zoning
Code land use requirements for the commercial retail center. Convenience'markets,
including WIG convenience stores, are permitted in the'CL Zone subject to'the approval of
a conditional Use permit.
(15) Staff has previously contacted the State of Califomia, Department of Health Services
regarding WIC stores. ]n a telepfione conversation with the Chief of Retail Management
Unit, it was indicated there are no'location requirements to separate WIC stores, the stores
are authorized (not licensed) through the State of Califomia, and there is no' County
affiliation with the stores. It was also Indicated that these stores must meef local
ordinances to open this;type of business, and that the State of California, Department of
Health Services does not participate in the approval process nor express support of
petitions to establish WIC stores.'Becausetbe WIC stores are not considered County
facilities, a determination of General Plan Conformity is not required.
(16) The requested waiver pertains to minimum number of parking spaces. Plans indicate'a
total of 13 parking spaces and Code requires a minimum of 19 spaces, as described fh
paragraph no. (9). When the requested parking waiver does not: exceed ten percent of the
Code requirement or for uses requiring thirty or fewer spaces, the Code permits "such other
study" approved by the Traffic and Transportation Manager. The petitioner has submitted a
Page 4
Staff Report to the
Planning Commission
May 5,2003
Item NoB
1
parking letter to substantiate the requested parking waiver. Based on information provided
in the parking letter,°the majority of the market's potential customers are ocated within
,...
`walking distance and/or do not have vehicles. The City Traffic and Transportation`Manager
=has reviewed the parking letterand has tletemnined that the proposed parking is sufficient
r for the proposed WIC convenlence store«and the existing office uses provided tfiatthe
`amount of retail in the retail center is limited to the WIC store (1,351 square feet).
(17) The petitioner has also provided the following operational information as evidence to
substantiate the requested waiver:
"(a) Babies Basic Nutrition will service customers in the vicinity and are located
within walking'distance. Additionally,[the proposed store is located only three
blocks from Ponderosa Park, where participants receive their nutritional
vouchers.
(b) Our business is hopeful that it will be able to provide transportation within a
couple of months of opening, therefore alleviating any traffic congestion.
(c) Furthermore, Babies Basic Nutrition will be the only retail store located at this
property. The other three tenant spaces are office uses and use very limited
parking:'
(18) The Planning Commission may wish to note that the proposed. WIC store would operate
differently han a standard convenience market. The WIC store would sell limited'goods,
'which may only be purchased with coupons issued' by the State of California. Moreover, the
WIC store would operate with limited hours, as indicated in paragraph no. 11.
(19) The existing signage for this commercial building consists of five signs advertising the
:various businesses occupying he property. The east elevation adjacent;to Mallul Drive
includes 1_8- and 34-square foot cabinet signs and a temporary banner-type sign, Code
':permits up to ten percent of the building elevation to be used for wall signage so that the
`east elevation would be limited to 38-square feet of ignage. Banner-type signs may be
!permitted'ifor a temporary period of time subject to the issuance of a Special Event Permit
and shall not be utilized for permanent signage. The north and northeast elevations each
consist of an above-roofline sign, which;s prohibited by current Code. `Staff has reviewed
iBuilding';Division records and has determined that no sign permits'exist for the
propertyc Staff has included a condition'of approval pertaining to unperrnitted signage for
this site, ihcluding the removal'of the above-roofline and banner-type signs and the`
' limitation of 10 percent of the building elevation to consist of signage.
(20) 'Staff inspections and photographs indicate that the site is in need of parking lot
refurbishment and striping. Staff has included a condition of approval requiring that the
parking lot be repaved, slurry"sealed and!restriped.
(21) The Planhing Commission may wish to note that there was recently an active code:
"enforcement violation pertaining to this property. According to the attached memorandum,
the violation was related to the fact that someone appeared toi be living within a unit on the
tsecond floor. The Code Enfo~cemenfOfflcer conducted an inspection of the property and
r verified that a tenant was utilizing the office suite for a living space. Since that time, "The
Art Studio" tenant, referencedin paragraph no. 8, has obtained a business license and has
ceased using the suite as a habitable living space.
Page 5
Staff Report to the
Planning Commission!
May 5, 2003
"Item No. 8
FINDINGSi
(22) That Section 18.06,080'of the parking ordinance sets forth the following findings which are
requires to be made before the parking waivers are approved by;the Planning Commission
or City Council.
(a) That the waiver,' under the conditions! imposed if any, will not cause fewer off-street
park(hg spaces to be provided for such use than the number of such!spaces '<'
necessary to accommodate all vehicles attributable to such use under the normal
and reasonably,foreseea6le conditions of operation of such use; and
(b) Thaf the waiver, under the conditions! imposed if any, will not increase the demand
and competitioh for parking spaces upon the public streets in the immediate vicinity
of theproposed'use; and
(c) That the waiver,',under the conditionsilmposed if any, will not increase the demand
and competition`forparkmg spaces upon adjacent private property in the immediate
vicinity of the proposed use; and
(d} That the waiver,'under the conditions mposed, if any, will not increase
traffic'congestiohwhhin the off-street parking areas or lots'provided for
such use; and
(e) That the waiver,; under the conditions imposed, if any, will not impede
vehicular ingress to or egress from adjacent properties upon the public
streets in the immediate vicinity of the proposed use.
Unless conditions to the contrery are expressly imposed upon the grant of any waivee
pursuant to this section; by the Planning Commission or City Council, the granting of any
such waiver shall be deemed contingent upon operation of such use in conformance with
the assumptions relating to the operation and intensity of the use as contained in the
parking demand study hat formed the basis for approval of said waives Exceeding,
violating, intensifying oc othervvisel 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.+
(23) Before the Planning Commission grants any,conditional use permit, it must make a finding
of fact that the evidence presented shows that aII 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 adjofnirtg 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 theparticular area
nor to the peace, health, safety, and general welfare;
Page 6
Staff Report to the
Planning Commission
May 5, 2003
Item No: 8
(d) That the traffic generated by the proposed use will not impose an`undue burden
upon the streets and highways designed and improved to carry the traffic in the
area; and
(e) That the granting of the'conditional use permit under the conditions imposed, if any,
will not be detrimental to the peace, health,'safety and'general welfare of the
citizens of the City of Anaheim.
RECOMMENDATION:
(24) Staff recommends that, unless additional or contrary information is received during the
meeting; and based upon the evidence submitted to the Commission, including the
r evidence.: presented' in this staff report, and oral and'written evidence presented at the
:public hearing, the Commissioh take thetollowing actions:
i (a) By motion, approve a CECA Negative Declaration.
(b) By,motion, aoorove the'waiver pertaining to minimum number of parking spaces
based on the recommendation of a City Traffic and Transportation Manager that
13!spaces is adequatefior this WIC convenience market and commercial retail
center, and tiased on the findingsfas discussed in paragraph nos:: (16) and'(17) of
this report.
(c) By resolution:, aoorove Conditional Use Permit No. 2003-04684 (to establish land
use conformity with existing Zoning Code land use requirements for an existing
commercialretail center and to permit a W IC convenience store) based on the
following:
(i) That the proposed use is properly one for which a conditional use permit is
authorized by the Zoning' Code;
(ii) That the proposed use as conditioned herein would not adversely affect the
adjoining land uses and the growth and development of the area in which it is
proposed.
(iii) 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 Ahaheim.
THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY'DEPARTMENTS ACTING AS
AN INTERDEPARTMENTALCOMMITTEEAND:ARE RECOMMENDED=FOR'ADOPTION*BY THE
PLANNING' COMMISSION 1N THE EVENT THIS PERMIT IS'APPROVED.
WIC Convenience Market:
1. 'That the granting of a parking waiver is contingent upon operation of the use in
conformance with the assumptions and/or conclusions relating to the operation and
intensity of use as contained in the parking letter that formed: the basis for approval of said
waives Exceeding violating; intensifying or otherwise deviating from any of said
assumptions and/or conclusions, as contained in the parking'Ietter, shalt: be deemed a
violation of the expressed conditions imposed upon'?said waiver which shall subject this
i conditional use permit to termination or modification. pursuant to the provisions of Sections
18.03.091 and 18:03.092 of the Anaheim Municipal] Code.
Page 7
Staff Report to the
Planning .Commission.
.May 5, 2003
Item No. 8
2. That the hours of operation shall be limited to 8 a.m. to 8 p.m., Monday through Saturday
with deliveries occurring no earlier than 7:30 a.m. and'rio later than B p.m.. ,
$. That rear entrances adjacent to the parking,lot shall not be utilized for patrons of the W 1C
convenience`store, and that one dear enhance shall be utilized strictly for the deliveryof
stpre products.
4. That no alcoholic beverages shall be sold or consumed on the premises.
5. That no video, electronic or other amusement devices or games shall be permitted oh'the
.premises.
6. That nofast-food services or other services'separate from the normal WIC hansactions
'shall be permitted in the convenience market.
7. That window signage shall not be;permitted for the convenience market. All fxtures,
displays, merchandise and othermaterials shall be setback a minimum of three (3) feet
from all wintlow areas.
8. That prior to commencing operation of the convenience market, a valid business license
shall be obtained from a Business License Division of the City Planning Department:.
Commercial Retail Center:
9. That the number of tenant spaces shall be limited to four (4) units and that all tenant space
in excess of :1,351 square feet shall be limited to professional office uses.
10. That roof-mounted balloons or other inflateddevices shall not be permitted"on the properly.
11. That no outdoor vending machines shall be permitted on the property.
12. That all existing and proposed public telephones shall be located nside the building. i
13. That there shall be no outdoor storage permitted on the premises:
14. That no required parking area shall be fenced or otherwise enclosed for outdoor storage or
other merchandise storage or display.
15. That the property owner shall remove the existing unpermitted signs including the two
above-raofline signs and the banner-type sign and thaf ail other existing and proposed'
signage shall'comply with all signing requirements of the CL Zone unless a'variance i
allowing sign waivers is approved'by the Zoning Administrator, Planning Commission'or
.City Council
16. That four (4) foot high street address numbers shall be displayed on the roof of the building
in a color contrasting to he roof material. The numbers shall not be visible to the view from
the:. streets or adjacent properties. Said information sfiall be specifically shown on plans
submitted foc Police Department,;Community Services Division approval
17. That plans shall be submitted to the City Traffic and Transportation Manager for his review
and approval howing conformance with the'curent version of Engineering Standard Plan
Nos. 436, 601 and 602'pertaining o parking standards and driveway locations. Subject
property shall thereupon be developed and maintained in conformance with said plans:
Page 8
Staff Report to the
Planning: Commission
`May 5,.2003
Item Na t3
18. That the driveway on Mallul Drive shall be reconstructed with ten (10) foot radius curb
returns as required by the Cityfngineerjn conformance with Engineering Standard No.
137. Said jnformation shall be pecificailyshown onplans submitted for Traffic Engineering
.:Division approval
19. That the parking lot shall be repaired and resurfaced with a new slurry coat. Said
information shall be specifically shown oh plans submitted for review and' approval: by the
Traffic and Transportation Manager.
20. That any existing orproposed roof-mounted equipment shall be subject to the screening
'requirements of Anaheim Municipal Code SectiodNo. 18.44.030.120 pertaining to the CL
Zone. Said information shall be specifically shown on the plans submitted for Zoning and
Building Division approval.
21. That the properly shall be permanently maintained In an orderly fashion by the provision of
regular landscaping'maintenance, removal of trasfi or debns'and removal of graffiti within
twenty four (24) hours from time of occurcence.
22. That all wall sign cabinets shall be fitted with copy panels.
23. .That trash: storage areas shall be refurbished to the satisfaction of the Public Works
Department, Streets and Sanitation Division to comply with approved plans on file with said
Department including, but notJimited to, painting and installing,trash enclosure gates per
City standard and that trash bins shall be'stored inside trash enclosures.: Plans containing
said information shall be submitted to the Sheets and Sanitation Divisionfor their review
`and approval.
24. That the property owner shall submit a letter requesting termination of Conditional Use
Permit No' 3771 (to retain a 600 square foot expansion of an existing mini-market,
`including :retail sales of beer and wine for off-premises consumption) to the Zoning: Division. +
25. .That a minimum of six (8), 24-inch box sized trees and groundcover shall be planted in the
proposed'4-foot wide landscape planter adjacent to Mallul Drive.
26. :That subject property shall be developed substantially in accordance with plans and
;'specifications submitted to the: City of Anaheim by the petitioner and which plans are on file
with the Planning Departmentmarked Exhibit Nos. 1 and 2, and as conditioned herein.
27 That prior to commencement of the activity authorized by this resolution,'or prior to
issuanceof a building permit or within a period of one (1) year from the date of this
:resolution; whichever' occursfirst, Condition Nos. 8,.12, 15, 1t`, 17, 18,19, 20, 23 and 24,
above-mentioned, shall be complied with;: Extensions for furtFier time to complete'said
conditions may be granted in acwrdance with Section 18.03.090 of the Anaheim Municipal
Code.
28. :That priodto commencement of the activity authorized by this resolution,' or prior to final
''building and zoning'inspections, whichever occurs fist, 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 MunicipatZoning Code and anybther 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 9
ATTACHFIEtJT - ITEM N0, 8
MEMORANDUM
CTTY OF ANAHEIM
Code Enforcement Division
DATE: APRIL 23, 2003
TO: ELAINE YAMBAO, PLANNING AIDE
PROM: ~a0 ANTONIO OLIVOS, CODE ENFORCEMENT OFFICER
SUBJECT: INSPECTION AT 700 W. ORANGEWOOD AVENUE
This memo is written in response to your request for information regarding 700 W. Orangewood
Ave.
Code Enforcement records indicated since June 1991, eight complaints have been received
regarding improper occupancy, graffiti, portable signs, unpermitted banners, refuse and waste
matter, inoperable vehicles and business license required. A City of Anaheim Notice of
Violation was issued to the property owners. All of these Anaheim Municipal Code violations
have been corrected.
The most recent violation pertains to inoperable vehicles and a person living in a CL zone.
On April Ol, 2003, I conducted an inspection of the property along with the property owner, Mrs.
Abary and observed that a family was living in an upstairs unit. Since that time, a business
license was obtained for an artist studio and the tenant has ceased occupancy for residential
purposes.
At this time there are no open Code Enforcement cases.
If you have any questions regarding this matter, please feel free to contact me at ext. 4482.
ITEM N0.
ALARMV V VAR 3iBi ~ ~ - - ~ - ~ ~ --
ss. CL CL
RCL 64-05-15 RCL 7GT7E0
CUP 2007 RCL 64$5-75
ML
~ CUP 610 Sfi-57-76
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VAR 2515
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CENTER POINT J CUP 2145 RCLL 69 70 29
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PACIFICPLAZA VAR 2143
07 CL GLENAIRE
ML LLl RCL 76-77-60 APARTMENTS
54-55-42 Ur RCL 64-65-15 220 DU
VACANT LLI 56-57-76
INDUSTRIAL J CUP 610
BUILDING J SAND DOLLAR
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-; _._ IND.
RCL 56 57 76 (4) ~.` FIRMS
n `:!.CUP 2003-04663 €?
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IND. FIRMS 55 CUP 2314 a WATER
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CUP 2002-04615 CUP 3477
VAR 4309 N
ELSON 8 NELSON
TILE 8 CARPETING GRADING
CENTER
Conditional Use Permit No. 2003-04683 ~'~ Subject Properly
Date: May 5, 2003
Scale: 1" = 200'
Requested By: CHtNH K. NGO Q.S. No. 116
REQUEST TO PERMIT AND RETAIN AN EXISTING OUTDOOR BUILDING AND MATERIALS
STORAGE YARD IN CONJUNCTION WITH A TILE WAREHOUSE WITH ACCESSORY RETAIL
SALES WITH WAIVER OF MINIMUM NUMBER OF PARKING SPACES.
1300 South State College Boulevard ssa
Staff Report to the ?
Planning Commission
May 5, 2003
Item No: 9
9a. CEQA NEGATIVE DECLARATION (Motion)
9b. ` - WAIVER OF CODE REQUIREMENT (Motion)
9c. ` 'CONDITIONAL USE PERMIT NO 2003-04683 (Resolution)
SITE LOCATION AND DESCRIPTION:
(1) This rectangularly-shaped, 0.65-acre property has a' frontage of 126 feet on the east side of
:State College Boulevard, has aiinaximum depth of226 feet and is locatetl 425 feef north of
the centerline of Winston Road(1300 South State College Bdulevard).
REQUEST:
(2) The petitioner requests approval of a conditional use permit under authority of Code
Section No. 18.61.050.501 to permit and retain an existing outdoor building and materials
'storage yard in conjunction with a the warehouse with accessory retail sales with waiver of
the following:
'SECTION NOS. 18.06.050 Minimum number of parking spaces. ?
"AND 18:61.066.050:` 26 spaces required; 20 spaces existing and
recommended by the City Traffic and Transportation
Manager.)
+ BACKGROUND:
(3) The property is developed with an industrial building'and is zoned ML (Limited Industrial).
':The Anaheim General Plan Land Use Element Map: designates this property for General
Industrial land uses. The property is located within the'Tile Mile" portion of the ML Zone
that permits accessory retail sales of tile, floor coverings, wall coverings and window
.:coverings.::
(4) Surrounding land uses are as follows:
.Direction ' LandUse Zoning General Ptan
Desi nation
North Restaurant ML Geheraf Industrial
East Industrial Businesses`. ML ! Geheral ihtlustrial
South' Tile and Floor Covering
Business ML General Industrial
West (across state
College Boulevard)'s Tile and Floor Covering
Business ; ML Geheral Industrial
(5) 'There are no prior zoning actions pertaining to this property.
DEVELOPMENT PROPOSAL:
(6) The petitioner requests approval to retain an existing 1,520 square foot outdoor building
sr8589vn.doc
Page 1
Staff Report to the
Planning Commission
May 5, 2003
.Item No. 9
materials storage yard located on the southwesterly portipn of the'property facing State
College Boulevard. Tfte storage yard is intended for excess materials inclutling tile, granite
and other flooring materials.
(7) The site plan (Exhibit No. 1) indicates the outtloor building materials storage yard is setback a
distance of approximately 97 feet from State College Boulevard, The floor plan (Exhibit No.
1) indicates 6;840 square feet of showroom/retail area, 300 square feet of office area, 220
square feet of restroom'area and 5,760 square feet of warehouse=area. No changes o the
floor plan are proposed,in connection with this request.:
(8) Vehicle access is provided by one driveway on State College Boulevard. The site plan:
indicates a total of 20 parking spaces available for the premises.: Code requires a minimum
of26 spaces based on the following:
USE '; AREA
S ware Feet CODE-REQUIRED
PARKING RATIO 'NO.OF SPACES
REQUIRED
IndustriafArea ,5,760 s.f. 1;555 aces/1,000 s.f, 8.9
Office Area 300 s.f. 1':55 spaces/1,000 s.f. 0.5 :`
Showroom 6,840"s.f. :2;25 s aces/1,000 s.f. ' 15.4
i Outdodr Stora a 1,520 s:f. 1 ace/2,500 s.f. 0.6
':TOTAL !26 s aces`re ujred
(9) Photographs of the exterior building elevations indicate that the existing single story industrial
building consists of concrete tilt-up panels with decorative windows, glass entry doors, and
columns adjacent to the entry. The building is painted white with gray accent color. A red
accent band is painted at a height of three feet along the perimeter of the building.
(10) No'additional signs are requested in connection with this application. Currently, there are
three wall signs (north, south and west elevations) and one 25-foot high polesign (permit
issued in 1997) adjacent to State College Boulevard on the property, The sign on the west
elevation advertising the "Pacificland Marble & Tile" exceeds the'allowable area permitted by
Code. Code permits wall signs not to exceed 10% of the building,face area on which the sign
is located and one freestanding monument sign per street frontage with a maximum area of
63 square feet per face;: maximumi height of't3 feet and a maximum width of 10 feet, for this ' ''
property.
Page 2
Staff Report to the
Planning .Commission '-
May 5, 2003:
:Item No. 9
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 March 17, 1992. Based on City staff review of the proposed project, it has been
determined that this project does not fit within'the scope: necessary to require a Growth:
Management Element analysis, therefore, no`analysis has been performed.:.
EVALUATION:
(16) Outdoor building material storage yards are permitted within the ML Zone subject to the
approval of a conditional'use permit.
(17) The requested waiver pertains to minimum required parking spaces. Code requires a `
minimum of26 parking spaces and 20 spaces exist. The petitioner has submitted a
parking letter dated December 23, 2002, to substantiate`the requested parking waiver.' The
City°,Traffic and Transportation Manager has reviewed said study and recommends
approval of the existing parking lot.
(18) The; parking letter also includes the fpllowing findings to substantiate the requested parking
waiver:
"(a) 'The variance will not cause fewer off street parking. spaces to be provided than the
number of such spaces necessary to accommodate all vehicles attributable to such
use under' the normal and reasonably foteseeable conditionsof such use, and
(b) The variance will not increaseihe demand and competition for parking spaces upon
the public streets irY the immediate vicinity of the proposed use, and
(c) 'The variance will not increase the demand and competition for parking spaces upon
the private propertyin the immediate vicinity of tha proposedruse, and i
(d) 'The variance will not increase the traffic congestion within the off-streekparking areas
i or lots provided forsuch use,'and
(e) < The variance will not impede vehicular ingress to of egress from adjacent properties
upon tha public sheets in the mmediate'viclnity of the proposed use " :'
(19) The wall signage on the west building elevation exceeds the maximum Code-allowed sign
area of 10 percent of the building'elevation. Staff has calculated that the west elevation
may have a total sign area of 112'square feet (75 feet length x 15 height = 1(125 x 10%=
112,square feet). A condition of approval hasbeen added to requite reduction of the wall
signage on thawest building elevation facing: State College Boulevard.
Page 4
Staff Report to the
' Planning Commission
.May 5, 2003
Item No. 9 "
FINDINGS:
(23) Section 18.06.080 of the parking ordinance sets forth the following findings which are
required to be made before a parking waiveris approvetl by the'Commission:
(a) That the waiver, under the conditions imposed, ifany, will not cause fewer off-street
parking;spaces to be provided for such use than he number of such spaces
necessary to accommodate'all vehicles attributable to such,use underlthe normal and
reasonably foreseeable conditions of operation of such use;; and
(b) That the waiver, under the conditions imposed, if any, will not increase a demand
and competition for parking spaces upon the public streets in the immediate vicinity
of the proposed use; and
Q That the waiver, under the conditions imposed, if any, will not increase'the demand
and cc~F.petition for parking spaces upon adjacent private property in a immediate
vicinity~f the proposed use;'and
(d) That the waiver, under the conditions imposed, if any, will not increase traffic
congestion within the off-street parking`areas or lots provided for such'use; and
(e) ; That the waiver, under the conditions imposed, if any, will not impede vehicular r
ingress to or egress from adjacent properties upon the public streets in the immediate
vicinity of the proposed use.
Unless conditions to the`contrary are expressly imposed upon the granting of any waiver
pursuant to thjs Section by the Planning Commission or City Council, the granting of any
such waiver shall be deemed contingent upon operation of such use in conformance with
the' assumptions relating to the operation and intensity of the use as contained in the
parking demand study that formed the basis for approval of said waiver. Exceeding,
violating, intensifying or otherwise tlevlating from any of'said assumptions as'containetl! in
the parking demand study shall be tleemed a violation bf 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, :
(24) Before the Commission grants any conditional use permit, it musfmake 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 theZoning 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 a area in which it is proposed+to be located;
(c) ' That the size and shape of the site force proposed use is adequate to allow the full
development of the proposed use in amanner not detrimental to the'particulaFarea
nor to the peace( health, safety, and general welfare;
Page 6
'Staff Report to the
Planning Commission
May 5 2003
'item No. 9
(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,
wilfnot be detrimental to the peace', health, safety and;general welfare of the'.
citizens of the City of Anaheim.
RECOMMENDATION:
(25) .Staff recommends that unless additional or contrary information is received during the
'meeting, and based;upon the evidence submitted tp the Commission, ihcluding the
!evidence presented in this staff report, and oral and written evidence presented at the
public hearing that the Commission take the following actions:
(a) By motion, approve a CEQA Negative Declaration.
(b) By motion, approve the waiver pertaining to minimum number of required parking
spaces based: upon the conclusions contained in the submitted parking letteras
approved by the City Traffic and Transportation Manager and indicated as described
in paragraphs,nos. (17) and (18) of this report; and thatihe waiveGwould notcause
fewer off-street parking paces to tie provided for this use than the number of
spaces necessary to accommodate all vehicles. Further, this use would not r
increase traffic congestion within the off-street parking areas or lots provided':for
such use or impede vehicular ingress to or egress from .adjacent properties,; upon
the public streets in the immediate'vicinity attributable td'the flooring and outdoor
storage under normal and reasonably foreseeable conditions of operation of`such
use.
(c) By resolution,'aoorove Conditional'Use Permit No. 2003-04663 (to permit and retain
an existing outdoor building and materials storage yard in conjunction with a'tile
warehouse with accessory retail sales) based. on the following:
(i) = That this use is properly one for which a conditional use permit is authorized
by the Zoning :Code in the. ML Zone.
(ii) That as conditioned herein`, the outdoor storagejyard would not adversely
affect the adjoining land uses and ttfe growth and development of the area
as the outdoor storage would be adequately screened from public view.
(iii) That the size and shape of the site for the proposed use is adequateto
allow he development of he property in a manner not detrimental to the
particular area nor to the peace, health, safety,'and general welfare.
(iv)? That the granting of the conditional use permit, as conditioned herein, would
notbe detrimental to the peace, health, safetyand general welfare of the
citizens of the City of Anaheim.
Page 7
Staff Report to the
Planning Commission -
May 5, 2003
Item No. 9
THE'FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS
AN INTERDEPARTMENTAL COMMITTEE AND ARE`RECOMMENDED FOR`ADOPTION BY THE
PLANNING COMMISSION!tN' THE EVENT THAT THIS PERMITJS'APPROVED.
1. That the wall signage on the west building elevation adjacent to State College Boulevard shall be
reduced to meet the maximum permitted sign area often percent. That if any additional signage is
proposed on subject property, said signage,shall be subject to review andapprovafby the Zoning
Division. Any decision by the Zoning Division may be'appealed to the Planning Commission tot
review and'approval as a "Reports and Recommentlations" item.
2. That the applicable traffic signal assessment fee for the outdoor storage yard shall be paid to the
'City of Anaheim in an amount established' by City Council Resolution.
3. That the developer shall pay a traffic and transportation improvement fee for the outdoor storage
yard to the: City of Anaheim, in an amounfestablished by City Council Ordinance/Resolution. This
fee will be used to fund traffic and transportation improvements within the'area impacted by this
project. Saitl fee shaft be subject to adjustment by the City Council.
4. That plans shall be submitted to the City Traffic and Taansportatton Manager for his review and
apes .al showing conformance with the current version of Engineering Standard Plan Nos. 436,
60 ` ;nd 602 pertaining to parking standards. Subjectproperty shall thereupon be developed and
maintained'in conformance with sai:i plans.:
5. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
6. That a landscape and fencing plan shall be submitted'to the Zoning Division for review and
approval. Said plan sfiall indicate a minimum of six'(6) minimum 24-inch box sized trees in the
landscape setback area adjacent to State College Boulevard and a new 10 foot high decorative
block wall covered with clinging vines planted on maximum 3-foot centersand tall shrubbery. Any
decision by he Zoning'pivision regarding said plan maybe appealed to the Planning`Commission
for review and approval as a "Reports and Recommendations" item. Said plan sftalt be
implemented within 90?days of plan approval.
7. That the applicant shall submit a Water quality management plan (W OMP) specifically identifying
best management practices thatwill be used on-site to control predictable pollutants from storm
water runoff. The WQMP shall tie submitted to the Public Works Department, Development
Services Division for review and'approval.
8, Tftat the outdoor storage area shall be limited to building materials consisting of tile, stone and
marble products whlcfi shall be stored in the designated area as shown on'Exhibit tJo. 1. No
storage shall occur above the fence. No other materials or equipment shall be stored outside the
approved outdoor storage area
9. That any tree planted on-site shall be replaced in a timely manner in the event that if is removed,
damaged, diseased and/or dies.
10. That no barbed or razor wire visible from the public right-of-way shall be permitted. All existing
tazor/barbed wire shall be removed within sixty (60) days from the date of this approval.
Page 8
Staff Report to the
Planning Commission
May 5 2003
Item No 9
11. That the rolling gates shall be maintained in good condition and kept closed to screen all outdoor
storage rom State College Boulevard
12.1 That PVC (polyvinyl chioride)slats shall be interwoven into the chain link gates and scrim (dark
color) sftall be attached to the'. interior side of the chain link gates; and hat the gates, PVC slats and
scrim material shall be maintained in good condition at all times.
13. ' That truck loading/unloading in the storage yard shall only occur behind the screen wall/rolling gate.
14. ' That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitionerand whicli'plans are'on file witty the Planning
Department marked ExhibitNo. 1 and as conditioned herein.:
15. That within sixty (60) days from the date of this approval, Condition Nos. 1, 2, 3, 4, 6, 7, 12, and 14
above-mentioned, shall be complied with. Extensions for further time to complete said conditions
' maybe granted imaccordance with Section 16.03:090 of the Anaheim Municipal Code.
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 noti include any action or findings as to compliance or approval
of the request regarding any other applicable ardirlance, regulation or requirement.
Page 9
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TRACKING NO. VAR2003-04559 Date: May 5, 2003
Scale: 1" = 200'
Requested By: (CITY-INITIATED) Q.S. No. 10
A CITY-INITIATED REQUEST TO AMEND OR DELETE CONDITIONS OF APPROVAL PERTAINING
TO THE OPERATION OF AN EXISTING MOTEL.
823 South Beach Boulevard -Covered Wagon Motei ss2(2oD3-5-1)
Staff Report to the
Planning Commission
May 5,`2003
Item No.`10
10a CEQA CATEGORICAL EXEMPTION -CLASS 1 (Motion)
10b. VARIANCE N0. 1229 (Resolution)
(TRACKING NO: VAR2003-04559)
SITE LOCATION AND DESCRIPTIONc
(1) ,This 1.3-acre rectangularly-shaped property has a frontage of 192 feet on the west side of
`Beach Boulevard, a maximum depth of 299 feet and is located.: approximately 975 feet
'north of the centerline of Ball 12oad (823`South Beach Boulevard -Covered Wagon Motel).
REQUEST:
(2} ;.City-initiated request to amend br delete conditions of approval. pertaining to the operation
of an existing motel
BACKGROUND:
j (3) In February 2000, the City Manager's office established a task force to examine issues
surrounding transitional living in some of the City's motels. Out of the 146 motels that were
'existing at hat time, approximately nine were considered to be problem facilities, based on
the high amount of calls for police servicaand code"enforcement activityi In response to
the issue of having long-term occupants staying in these motels, the Planning Commission
and City Council modified the conditions of approvalfor four of'the motels (three ofwhich
are currently still operating) including limiting the stay to a total of 30 days within any
consecutive 90-day period.
(4) .Variance No. 1229 (to construct and operate a 70-unit motel and coffee shop) was
;approved by the Planning Commission on April 18, 1960 (Resolution No. 235, Series 1959-
'60). On July 21, 1997, The Planning Commission considered the revocation or modification
of this permit and added new conditions of approvat(Resolution No. PC97-89), including a
'one-year time limitation. In 1998, the Commission denied the petitioner's. request for
reinstatement and the Gity Council approved It following an appeal. On May 22, 2000, the
:Planning Commission held a hearing to consider a modification of the conditions of
'approval, including the additlon'of the time limitation for guest stays, adopting Resolution
No. PC2000-59. The decision of the Planning Commission was appealed by the property
'owner and the City Council held a public hearing on July 25, 2000. City Council Resolution
No. 2000R-150, adopted in conjunction with Variance No. 1229 contains he fallowing
conditions'of approval:
"2. That the property owner shall pay the cos£of random Code Enforcement bivision
:inspections totaling twelve (12) during this!one (1) year reinstatement period, as
often as necessary thereafter, as deemed:necessary by the City's Code `
:Enforcement Division, to gain and/or maintain compliance with: State and ocal
'statures, ordinances laws and/or regulations.
3. That appliances for the heating and preparation of food shall not be permitted in
the guest rooms.
4. That smoke alarms in the guest rooms sfiall be hard-wired (rather than battery
,'operated), and shall hereafteroe operable and maintained in goad working order
at all times.
SR3020ey.dac
Page 1
Staff Report o the
Planning Commission
.May 5, 2003!
Item No. 10
"It is the policy of the City Council that no zoning entitlement far any hotel or motel shall be
approved, and no existing zoning'entitlemenfior any hotel or motel shall be amended, in
any;manner which would require the owner or operator of such hotel or motel to limit the
length of occupancy of any guest therein to any specific; period of time. Nothing contained
herein shall be deemed,to prohibit;any limitation on the erm of any zoning entitlement.
The term "zoning entitlemenC as used herein shall mean any zoning reclassification,
conditional use permit, zone variance, administrative adjustment, or other discretionary'..
entitlement approved by4the City Council, City Planning!Commission or Zoning
Administrator pursuant to any provision of the Anahelm'Zoning Code."
(8) This resolution further directs the Planning Commissiarv o commence proceedings to
initiate amendments to existing entitlements as may be necessary to conform to the
provisions of Council Resolution No. 2003R-61, including Variance No. 1229'.
(9) In addition to deletion of any conditions of approval pertaining to occupancy limitations,;
staff proposes the following conditions of approval in order to address safety concerns
associated with long-term stays inhotels or motels:
(a)' That cooking facilities maybe included in the guest rooms provided that such
facilities are hard-wired (microwaves excepted) and complywith all applicable
building codes, including provisions for proper venting. Jo portable hot plates or
similar cooking devices shall be permitted in the guest rooms.
(b) That all guestroomsshall be equipped with properly operating hard-wired (not
battery operated) smoke alarms. i
(c)' That the property owner shall be responsible to pay the cost of random Code:
Enforcement inspections (not to exceed twice a year) tc ensure compliance with
these conditions of approval and with all applicable state and local statutes,
ordinances, laws and regulations.
'ENVIRONMENTAL IMPACT ANALYSIS:
(10) The Planning Director's authorizedYepresentative has determined hat the proposed project
falls within the definition of Categorical Exemptions, Section 15301, Class 1;(Existing
Facilities), as defined in'the CEQA Guidelines and is, therefore, exempt from the
requirementYo prepare additional µavironmental documentation.
GROWTH MANAGEMENT ELEMENT AN:';LYSIS:
(11) The. proposed, project has been reviewed by affected City departments to determine
whether it conforms with the City's; Growth Management Element adopted by the City
Council on March 17, 1992. Based on City staff review of the proposed project, it has tieen
determined that this project does not flt within the scope necessary to require a Growtfi'
Management Element analysis, therefore, no analysis has been pertormed.
Page
Staff Report to the
Planning Commission
May 5,.2003
'item No. 10
FINDINGS:
(12) Since Variance No. 1229 was approved as a use Variance in 1960, the Commission must
make a finding of fact hat the evidence presented shows that all: of the following conditions
exist:
(a) Thatahe proposed use is,properly one for which a Variance (use) permit is
authorized by the Zoning .Code, or that said use is not listed thereimas being a
permitted use;
(b) Thatahe proposed use will not adversely affecfthe adjoining land uses and the
growth and development of the area in which it is proposed to be located;
(c) Thatahe 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
not to the peace, health, safety, and general welfare;
(d) Thatahe traffic',generated by the proposed use will not impose an undue burden
upon. the streets and highways designed and improved to carry thearaffic in the
area; and
(e) Thaf the granting of the conditional use permit: under the conditions imposed, if any,
will not be detrimental to he peace; health, safety and general welfare of the
citizens of the Gity of Anaheim.
(13) Subsection 18.03.092 of the Anaheim Municipal Code provides for the modification or
termination of a variance for one or more of the following grounds:
(a) That the approval was obtained by fraud;
(b) Thaf. the variance for which such approval is granted is not being exercised within
the time specified in such,permit;
(c) Thaf the variance for which such approval was. granted has ceased to exist or has
been suspended or inoperative for any reasonfor a period of six: (6}consecutive
months or more;
(d) That. the variance granted is being, or recently has been exercised contrary to the
terms or conditions of such approval, or in violation of any statute, ordinance, law or
regulation;
(e) Thaf the variance for which the approval was granted has been so exercised as to
be tletrimental to the public health or safety, or: so as to constitute a nuisance;:
(f) That the variance 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 asset forth ih this chapter no longer exist; or
(g) 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 variance as
granted.
Page 5
Staff Report to the
Planning Commission
May 5, 2003
'item No. 10
RECOMMENDATION:
(14) 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 ln(this staff report, and oral and written evidence presented at the
public hearing that the Commission take tfie following;actions:
(a) By motion, determine that the project is Categorically Exempt under Section 15301,
Class 1 (Existing Facilities) of the CEQA Guidelines.
(b) By resolution, a rove the modification of Variance No. 1229 to amend or delete
certain conditions of approval pertaining to an'existing 70-unit motel, based on the
following:
(i) 1 That such modification, is reasonably necessary to protect the public peace,
health,'safety or general welfare, and necessary to permit reasonable
operation under the variance as granted:.
(c) Staff further recommends that the Commission amend Resolutiod Nos. 235,
(Series 1959-60), PC97-89 and 2000R-150 intheir entirety, to be're laced by a
new resolution with the following conditions of approval:
1. That this variance shall terminate on July 25, 2005.
2. That the property owner sfiall be responsible to pay the cost of random Code
Enforcement inspections (not to exceed twice a year) to ensure compliance with
these conditions'of approval and with all applicable state and local statutes,
ordinances, laws and regulations.
3. That cooking facilities maybe included in the guest rooms provided that such
facilities are hard-wired (microwaves excepted). and comply with all applicable
building codes, including provisions for proper venting. Nojportable hot plates or
similar cooking devices shall be permitted in the`guest rooms.
4. That all guest rooms shall be equipped with properly operating hard-wired (not
battery operated) smoke alarms.
5. That the trash storage areas shall be maintained to comply with approved plans on
file with the Maintenance Department, Streets and Sanitation Division.
6. That licensed uniformed security guards in sucKnumber (not to exceed two (2)), as
required and approved by he Anaheim Police Department; shall be provided'upon
the premises spec~cally to'provide security and o discourage vandalism,
trespassing and/or loiteringupon or adjacent to the subject property. {
7. That the owner/manager shall maintain a complete guest registry or guest card';
system which includes thefull name, address, and verifieddriver's License orlegal
identification and vehicle registration number of all registered guests, date of ?
registration, and`room rate;"and which'shall be made available upon: demand oy any
policeofficer, code enforcement officer, or license inspector of the City of Anaheim
during reasonable business hours.
Page 6
Staff Report to the
Planning Commission
May 5, 2003
Item No.'10
8. That: guest rooms shall not be rented or let for periods ofJess than twelve (12)'
consecutive hours.
9. Thaf every occupied guest room shall be provided with daily maid service.
10. Thatthe ownerand/or managementshall not knowingly rent or let any guest room to
a known prostitute for the purposes of pandering, soliciting or engaging in the act of
prostitution; or to any person for thepurposes of selling; buying, orotherwise dealing,
manufacturinger ingesting an illegal'drug or controlled substance, or for the purpose
of committing a'criminal or immoral act.
11. That no guest room shall be rented or let to any person under eighteen (18) years of
age'as verified by a valid driver's license or other legal' identification.
12. Thatall available room rates shall be prominently displayed in a conspicuous place
within the office area, and that the property owner and/ormotel management shall
comply with the.. provisions of Section 4.09.010 of the Anaheim Municipal Code
pertaining to the posting'of room rates.
13. That the property owner and/or motel management shall'comply with the provisions
of Section 2.12.020 of the Anaheim Municipal. Code pertaining to the operator's
collection duties of transient occupancy taxes.
14. That within sixty (60) days' from the date of this resolution; this property and these
buildings and accessory structures shall be brought into compliance with the
applicable statutes, ordinances, laws or regulations of the State of Califomia, as
adopted by the: City of Anaheim, including the Uniform Building Code, uniform
Housing Code,lJniform Fire Code,. Uniform Plumbing Code, National Electric Code,
and Uniform Mechanical Code, and'permanentlyrnaintained thereafter in compliance
with'such statutes, ordinances, laws'br regulations.
15. Thaf the on-sita andscaping shall be refurbished as necessary, permanently irrigated
and maintained; includingfthe regular removal of trash or debris, and removal of
graffiti within twenty four (24) hours from the time of occurrence.
16. Thaf a statement shall be printed on the face of the guest registration card, to be
completed by the guest when registering, advising that the register is open to
inspection by the Anaheim. Police Department'or other Anaheim personnel for law
enforcement purposes.
17. That ho guest room(s) shall be rentetl or let to any person unless compliance is
determined by the appropriate division or department with the statutes, ordinances,
laws'or regulations of the'. State of Califomia, as adopted by the City of Anaheim,
including the Uniform Building Code, uniform Housing Code, Uniform Fire Code,
Uniform Plumbing Code,: tJationaf Electric Code, and Uniform Mechanical Code.
18. 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.
19. That any new signage, beyond that legally existing on the date of this resolution shall
be submitted to the Planning Commission forTeview and'approvatas a "Reports and
Recommendations" item.:!
Page 7 '<
Staff Report to the
Planning Commission
May 5, 2003
Item No. 10
20.' That the'approval of this application constitutes approval of the proposed request
only to he 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.
ordinance, regulation or requirement.
Page 8
ATTACHMENT - ITEM N0. 10
RESOLUTION N0.2003R- 61
A RESOLUTION OF THE CTTY COUNCII. OF THE CITY OF
ANAHEIM ADOPTWG A POLICY PROHIBITING THE
IMPOSTI'ION OF ANY SPECIFIC TIME LIMITATION ON THE
LENGTH OF GUEST OCCUPANCY IN A HOTEL OR MOTEL
AND RESCINDING ANY SUCH LIMITATION HERETOFORE
IMPOSED IN ANY ZONING ENTITLEMENT.
WHEREAS, in a limited ntimber of instances and uhdercertain circumstances, the
City Council or City Planning Commission has heretofore'approved hew zoning entitlements, or
amended existing zoning entitlements, for certain hotels or motels to include conditions limiting the
permitted length of guest occupancy in such hotels or motels to a maximum of thirty days within any
ninety day period, or other similar specific time limitation (the "Occupancy Limitation"); .and
WHEREAS, said Occupancy Limitation has heretofore been imposed as a condition
of approval in the following zoning entitlements currently in effect:
Conditional Use Permits Nos. 244 and 564 authorizing a 52-unit
motel on the property located at 1800 West Lincoln Avenue,
Anaheim, California (Executive Suites Motel).
Conditional Use Permit No. 3928 authorizing a 45-unit motel on the
property located at 420 South Beach Boulevard, Anaheim, California
(Best Budget Motel).
Variance No: 1229 authorizing a 70-unit moteC on the property
located at 823 South Beach Boulevard, Anaheim, California (Covered
Wagon Motel).
(hereinafter collectively referred to'as the "Existing Entitlements"); and
WHEREAS, the stated purpose of such Occupancy Limitation was as expressly stated
in each of said Existing Entitlements; and
WHEREAS, upon further review, the City Council has determined that such
occupancy limitation is no longer necessary as a means to accomplish the stated purpose for which
such limitation was originally imposed; and
WHEREAS, the City Council desires, as aCity-wide policy determination, to rescind
any such Occupancy Limitation heretofore imposed, including any such limitation currently
contained in any of the Existing Entitlements; and
WHEREAS, the City Council further desires to prohibit the imposition of such
Occupancy Limitation as a required condition of any future zoning entitlement. .
NOW, THEREFORE, BE I'I' RESOLVED by the City Council of the City of
Anaheim as follows:.
Section l
That any Occupancy Limitation heretofore imposed in any conditional use permit,
zone variance, or other permit or entitlement which is otherwise currently in effect, including any
such Occupancy Limitation contained in any of the Existing Entitlements, is hereby rescinded and
of no further force and effect.
The Planning Commission is hereby directed to initiate such amendments to the
_ Existing Entitlements as may be necessary to conform the Existing Entitlements to the provisions
of this resolution..
Section 2.
That new Council Policy No. 550 be, and the same is hereby adopted, to read as
follows:
"It is the policy of the City Council that no zoning
entitlement for any hotel or mote] shall be approved, and no existing
zoning entitlement for any hotel or motel. shall be amended, in any
manner which would require the owner or operator of such hotel or
motel to limit the length of occupancy of any guest therein to any
speciFc period of time. Nothing contained herein shall be deemed to
prohibit any limitation on the term of any zoning entitlement.
The term `zoning entitlement' as used herein shall
mean .any zoning. reclassification, conditiona}.use permit, zone
variance, administrative adjustment, orotherdiscretionaryentitlement
approved by the City Council, City Planning Commission or Zoning
Administrator pursuant to any provision'of the Anaheim Zoning
Code."
THE FOREGOING RESOLUTION is her y adopted proved by the City
Council of the City of Anaheim this 25th day of Ma , 2 3
MAYOR OFT CITY OF ANAHEIM
ATTEST: ~
CITY CLERK F TH)r CITY OF ANAHEIM
assaa. i
2
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 2003R-61 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 25th day of March, 2003, by the following vote of the
members thereof:
AYES: MAYOR/COUNCIL MEMBERS: Chavez, Hernandez, McCracken, Pringle, Tait
NOES: MAYOR/COUNCIL MEMBERS: None
ABSTAINED: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
TY CLERK F THE CITY OF ANAHEIM
(SEAL)
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Requested By: {CITY-INITIATED)
f,rv Subject Property
Date: May 5, 2003
SCale: 1" = 200'
O:S. No. 13
A CITY-INITIATED REQUEST TO AMEND OR DELETE CONDITIONS OF APPROVAL PERTAINING
TO THE OPERATION OF AN EXISTING MOTEL.
420 South Beach Boulevard -Best Budget Motel 658(200351;
Staff Report to the
Planning'Commission
May 5; 2003
' Item No111
11 a CEQA CATEGORICAL EXEMPTION -CLASS 1 (Motion)
11 b: CONDITIONAL USE PERMIT N0:3928 (Resolution)
(TRACKING NO. CUP2003-04690)
SITE LOCATION AND DESCRIPTION%
s (1) This rectangularly-shaped 0.76-acre properly has a frontage of 137 feet on the east side of
'Beach Boulevard, a maximum;depth of239 feet and is located approximately 530 feet
!north of the centerline of Orange Avenue(420 South Beach Boulevard -Best Budget
'Motel).
REQUEST:
(2) ,.City-initiated request to amend'or delete conditions of approval pertaining to the operation
'of an existing motel.
BACKGROUND:
(3) jn February 2000, the City Manager's office established a taskforce to examine issues
surcounding transitional living in some of the City's motels. Out of the 146 motels that were
'existing at that time,fapproximatelynlne were consitlered to be problem facilities, tiased on
I he high amount of calls for police service and code':enforcementoctivity In response to
the issue of having long-term occupants staying in these motels, the Planning Commission
'and City Council modified the conditions of approval for four of the motels (three of which
[are currently still operating) including limiting the stay to a total of 30 days within any
:consecutive 90-day period.
(4) Conditional Use Permit No. 3928 (to retain an existing 45-unit motel) was approved by the
Planning Commission on May 12, 1997,;(Resolution No. PC97-56) and expired on
`November 12, 1999• On April!24, 2000, he petitioner requested a reinstatement of the
+permit and the Planning Commission approved cone-year reinstatement. The decision of
the Planning Commission was'appealedjn order to request a`longer time limit by the
petitioner to request a longer time limitation and the City Council approved alive-year
'reinstatement on June 13,.2000. Resolution No: 2000R-106, adopted in conjunction with
Conditional Use Permit No. 3928, contains the following conditions of approval:
"5. That guest rooms shall not be rented, let, or occupied by any indivitlual for more than
thirty (30) days within any ninety (90) day period, exclutling one (1) manager's unit,
subject to the following:
(a) `,Existing guests who fiave occupied a unit on the premises for a continuous
`period over thirty(30) days and are occupants on June 13, 2000, shall be
i permitted to remain bn the premises until and including January 15, 2001.
(b) ;The owner shall provide the Code Enforcement Manager with'a list, certified
under penalty of perjury, of all existing guests who satisty the conditions of
subparagraph (a) (the "qualifying long-term guests7).
(c) Following the vacating of any unit by a qualifying long-term guest, or on January
15, 2001,; whichever occurs earlier, any occupancyof any unit shall be for a
;`period not more than thirty (30) days within any ninety (90) day period.
SR3016ey.doc
Page 1-
J
`Staff Report to the
`Planning Commission
May 5, 2003
Item No.' 11
:motels and the undue burden of moving every 30 days has created unnecessary hardship
for the motel occupants. Therefore, the`City Council directed the City Attorney to prepare a '
i 7esolution'establishng anew Council Policy prohibiting the imposition ofany time limit on
the length of guest occupancy in a hotel or motel i
(7) During the following City Council meeting, on March 25, 2003, occupant5of the subject
motel discussed the need for cooking facilities such as hot plates and microwaves in guest
rooms. In'response, the Council cautioned that this<may in turn create health and safety
concems'that should also be aodressed. The attached Council Resolution No. 2003R-61,
adopted at this meeting, created Council Policy No.`55Q as follows:
"It is the policy of the: City Council that no zoning entitlement for any hotel or motel shall be
approved,(and no existing zoning entitlement for any hotel or motel shall' be amended, in
i any manner which would require the owner or operator of such hotel or motel to IimR the
Jength of occupancy,bf any guest thereinto any specific period' of time. Nothing contained
herein shall be deemed to prohibit any limitation on the term of any zoning entitlement.
The term "zoning entitlement' as used herein shall mean any zoning reclassification,
`conditional use permit, zone variance, administrative adjustment, or other discretionary
entitlement approved by the City Council, City Planning Commission or Zoning
'Administrator pursuant to anyprovision of the Anaheim Zoning Code."
(6) This resolution further directs the City Planning Commission to commence proceedings to
`initiate amendments o existing entitlements as may: be necessary to conform to the
,'provisions of Council Resolution No. 2003R-61, including Conditional Use Permif No. 3928.
(9) In addition to deletion of any conditions of approval pertaining to occupancy limitations,
'staff proposes the following conditions of'approval'in order to address safety concerns
:associated with long=term stays in hotelsormotels:
(a) That cooking facilities maybe included ih the guest looms provided that such
!.facilities are hard-wired (microwaves excepted) and'comply with all applicable
building codes, including provisions for proper venting. No portable hot plates or
similar cooking devices shall be permitted in the guest rooms. r
(b) :That ail guest rooms shall be equipped with properly operating: hard-wired (not
battery operated) smoke alarms.
(c) That the property owner shall oe responsible to pay the cost of random Code
Enforcement inspections (not to exceed twice a year) to ensure compliance with
these conditions of approval and with all applicable state and local statutes,
'ordinances, laws and regulations.
(10) The Commission may wish to note that condition no. 14 of the Resolution No. PC97-56
;required that the petitioner apply for an Administrative Adjustment in order to permit an
;eight-foot high block: wall on the east property line„for the purpose of providing site-
screening from the adjacent single-family residence. Code allows a maximum eight-foot
high wall when a commercial development abuts any residence. The existing block wall is
;,.approximately five and a half to six feet High, with an additional two to three feet of wood
lattice. Since the wood lattice does not provided for adequatersite screening, the original
intent of requiring the block wall was not complied with. Staff recommends that the
condition bf approval requiring'an Administrative Adjustment tie mod~ed to require e
'applicant`to applyfor a building permit to constructan eight-foot high block wall along the
east property line.
Page 3
Staff Report to the
Planning Commission
May 5, 2003
Item No. 11:
ENVIRONMENTAU IMPACT ANALYSIS:
(11) The Planning Director's authorized representative has determined that the proposed project
falls within he definition of Categorical Exemptions, Section 15301, Class 1 (Existing
Facilities), as defined In the CEQA Guidelines and is, therefore, exempt from the
requirementjto prepare additional environmental documentation.
'GROWTH MANAGEMENT ELEMENT ANALYSIS:
(12) The proposed project has been reviewed by affected City departments to determine 4
whether it conforms with the Citys Growth Management Elementatlopted by the City
Council on March 17, 1992. Based on City staff review of the proposed project, it has`been
determined hat this project does hot fit within the scope necessary to require a Growth
Management Elemenfanalysis,thevefore, no analysis'has been performed:
!FINDINGS:
(13) Before the Planning Commission grants any conditional use permit, it must make a finding
of fact thafthe evidence presented shows that all of the following'conditfons exist:
(a) That the proposed use is properly one for which a conditional use permit is
authorized by the Zoning Gode, or that said use is not listetl therein as being a`
permitted use;
(b) Thaf the proposed use will not adversely affect the adjoining land uses and the
growth and development of the area' jn 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 he proposed use in'a manner not detrimental to theparticular area
nor to the peace, health, safety, and general welfare;
(d) Thatthe traffic generated by the proposed use will not impose an undue burden
upon the streets and highways designed and improved to cant' the ~affic 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 i
citizens of the City of Anaheim.
`(14) Subsection 18.03.092 of the Anaheim Municipal Code'provides for the modification oc
terminatiod of a conditional use permit for one or moreof the following grounds:
(a) That the approval was obtained by fraud;
(ti) That the use or variance for which such approval is granted is not being exercised
within the time specifietl in such permit;
(c) Thatthe use orvariance 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;
Page 4
Staff Report to the
Planning'Commission
May 5 2003
Item No41
(d) That the permit or variance granted is being,:: or recently has been exercised
contrary to the terms or:conditions of such'approval, or in violation of any statute,
ordinance, law or regulation;
(e) That the use: or variance for which the approval was granted has been so exercised
as o be detrimental to the public health or safety, ar so as to constitute a nuisance;
(f) That the use or variance 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 orinore of the required showings }
for the issuance of such entitlement as set forth in this chapter no longer exist; or
(g) That any such modification, including the imposition of any additional conditions
thereto, is reasonably necessary,to protect the public;peace, health, safetyor
general welfare, or necessary to Permit reasonable operation under the conditional
use permit or variance'as granted•
RECOMMENDATION:
(15) '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 presentedin this staff report, and oral and wriften evidence presented at the
public hearing thafthe Commission take a following actions:
(a) By motion, determine that the project is CategoricallyExempt under Section 15301,
Class 1 (Existing Facilities) of the CEQA Guidelines.
(b) By resolution, aaorove the modification of Conditiona(Use Permit No. 3928 to
amend or delete certain conditions of approval pertaining to an existing 45-unit
`motel, based on the following:
(i) That such modification is reasonably necessary,to protect the public peace,
health, safety or general welfare, and necessary to permtfYeasonable
operation under the conditional use permit as granted.
(c) Staff further recommends that the Commission amend Resolution Nos. PC97-56,
and 2000R-106 in their entirety,;to be replaced by a new resolution with the
following conditions of approval
1'. Thaf this conditional use permit shalt. expire on June 13, 2005.
2. That a minimum of six (6), minimum fifteen (15) gallon sized, trees shall be
maintained in the westerlyplanter adjacent to Beach Boulevard.
3. That: any tree or other landscaping planted on-site shall be replaced in a
timely manner in the event that it is removed, damaged, diseased and/or
dead.
4. That the landscaping shall. be shall be permanently irrigated and maintained -
by providing regular landscaping maintenance;',regularrempval of trash or
debris, and removal of graffiti within twenty four (24) hours from the time of
occurrence.
5. That a minimum of one (1) licensed uniformed guard, approved by the
Anaheim Police Department, shall be provided on the premises specifically to!
Page 5
Staff Report to the
Planning'Commission'
May 5, 2003
.Item No. 11
s provide security and to discourage vandalism, trespass and/or loitering'upon
or adjacent to the subject property. Said security'guard shaltremain on-duty
as determined to tie appropriate by the'Anaheim Police Department
6. That the`owner/manager shall maintainea complete guest registry or guest
card system which'includes the full name, address, and verified driver's
license or legal identificationand vehicle registration numberbf all registered
guests, date of registration, length of stay, and room rate; and which shall be
made available upon demand' by any police officer, code enforcement officer,
or license inspector of the City of Anaheim duringireasonable business:
hours.
7. That every occupied guest room shall be provided with daily maid service.
8. `That the bwnerand/or management shall not knowingly rent or let any guest
room to a known prostitute for the purposes of pandering, soliciting or
engaging in the actpf prostitution; or to any person for the purposes of
selling, buying, or otherwise dealing, manufacturing or ingesting an illegal
drug or controlled substance, br for the purpose of committing a criminal or
immoral act.
9. + That no guest room shall be rented or let to any person under eighteen (18)
years ofage, as verified by a;valid driver's license'or other legal
identification.
10. That all available room rates shall be prominently displayed in a conspicuous
place within the office area, and that the property owner and/or motel
management shall'comply with the provisions of Section 4.09.010 of the
Anaheim Municipal"Code pertaining to the posting?of room rates.
11. That the: property owner and/or motel management shall comply with the
provisions of Section 2.12.020 of the Anaheim Municipal Code pertaining to
the operator's collection duties of transient occupancy taxes.:
12. That the' property owner shall'. be responsible to pay the cost of random Code
enforcement inspections (notto exceed twice a year) to ensure compliance '
~w;th these conditions of approval and with all applicable state and local
statutes, ordinances, laws and regulations.
13. That a statement shall be printed on the face of the guest registration card, to
be wmpleted by fie guest when registering, advising thattfie register is
open to`inspection by the Anaheim Police Department or other Anaheim
personnel for law enforcement purposes.
14. That the'petitioner shall obtain building permits to construct an eight (8) foot
high block wall adjacent to the east property line; to provide additional
screening of the pool area from the adjacent single-family residence.
15. ' That trash storage areas shall be maintained to the satisfaction of the Public
Works Department, Streets and Sanitation Division, to comply with approved
'; plans on file with said Department.
Page 6
Staff Report to the
Planning Commission
May 5,'.2003
Item No. 11
16. That three (3) foot high address numbers shall be displayed and maintained
on the roof of the building`s a color which contrasts with the roof material.
The numbers sfiall not be visible to tfie street or adjacent properties.'
17. That signage for'subject facility shall be limited to that for which building
permits have previously been issued'and approved. Any additional signage
shall tie subject to approval by the Planning Commission as a "Reports and
Recommendations" item. 'r
18. That subject property shall be developed as conditioned and substantially in
accordance with'plans and'specifications labeled Exhibit Nos. 1 through 6
(site plan, elevations, and eight photographs) and which exhibits are on file
with tfie Planning Department.
19. That cooking facilities maybe included in the guest rooms provided that such -
facilities are hard-wired (microwaves axceptad)`and comply with all
applicable building codes,',jhcluding provisions for properventing. No
portable hot plates or similar cooking`devices shall be permitted in tfie guest
roomsl
20. That all guest rooms shall be equipped with properly operating hard-wired
(not tiattery operated) smoke alarms:
21. That guests vacating the premises sfiall be required to remove all pa~sonal
belongings from the guestrooms.
22. That guest rooms shall not be rented or let for periods of less than twelve
(12)'consecutive hours.
23. That within a period of sixty (60) days: from the date of this'resolutiort; this
property and these buildings and accessory structures shall be brought into
compliance with the statutes, ordinances, laws or regulations of the State of
California, as adopted by the City of Anaheim, including the Uniforrn Building
Code,. Uniform Housing Code, Uniform Fire Code, Uniform Plumbing Code,
National Electric Code, and UnifomrMechanical Code, and permanently
maintained thereafter in compliance with such statutes, ordinances] jaws or
regulations.
24. That Condition No. 14, above-mentioned, shailbe completed within a period
of thirty (30) days from the date of this resolution.
25. That no guest room(s) shall be renteii or let to any persoh unless compliance
is determined by the appropriate division or department with the statutes,
ordinances, laws or regulations of the State of Califomla, as adopted'. by the
City of Anaheim, including the Uniform Building: Code, Uniform Housing
Code;: Uniform Fire Code;. Uniform Plumbing Code, National Electric Code,
and Uhifonn Mechanical Code.
26. That the approval of this application constitutes approval of the proposed
request only to the extent at it complies with tfie Anaheim Municipal Zoning
Codeand 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 ordinance, regulation or requirement
Page 7
ATTACHJIEIJT - ITEF1 N0. 11
RESOLUTION N0.2003R- 61
A RESOLUTION OF THE CITY COUNCII. OF THE CITY OF
ANAHEIM ADOPTING A POLICY PROHIBITING"THE
IMPOSITION OF ANY SPECIFIC TIME LIMTIATION ON THE
LENGTH OF GUEST OCCUPANCY IN A HOTEL OR MOTEL
AND RESCINDING ANY SUCH LIMITATION HERETOFORE
IMPOSED IN ANY ZONING ENTITLEMENT.
WHEREAS, in a limited number of instances and under certain circumstances, the
City Council or City Planning Commission has heretofore approved new zoning entitlements, or
amended existing zoning entitlements, for certain hotelsor motels to include conditions limiting the
permitted length of guest occupancy in such hotels or motels to a maximum of thirty days within any
ninety day period, or other similar specific time limitation (the "Occupancy Limitation"); and
WHEREAS, said Occupancy Limitation has heretofore been imposed as a condition
of approval in the following zoning entitlements currently in effect;
Conditional Use Permits Nos. 244 and 564 authorizing a 52-unit
motel on'the property located at 1300 WesE Lincoln Avenue,
Anaheim, California{Executive Suites Motel).
Conditional Use Permit No. 3928 authorizing a 45-unit motel on the
property located at 420 South Beach'Boulevarti, Anaheim, California
(Best Budget Motel).
Variance No. ]229 authorizing a 70-unit motel on [he property
located at 823 South Beach Boulevard, Anaheim, California (Covered
Wagon Motel).
(hereinafter collectively referred to as the "Existing Entitlements") and
WHEREAS, the stated purpose of such Occupancy Limitation was as expressly stated
in each of said Existing Entitlements; and
WHEREAS, upon further review, the City Council has determined that such
occupancy limitation is no longer necessary as a means to accomplish the stated purpose for which
such limitation was originally imposed; and
W HEREAS, the City Council desires, as aCity-wide policy determination, to rescind
any such Occupancy Limitation heretofore imposed, including any such limitation currently
contained in any of the Existing Entitlements; and
WHEREAS, the City Council further desires to prohibit the imposition of such
Occupancy Limitation as a required condition of any future zoning entitlement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Anaheim as follows:
Section 1.
That any Occupancy Limitation heretofore imposed in any conditional use permit,
zone variance, or other permit or entitlement which is otherwise currently in effect, including any
such Occupancy Limitation contained in any of the Existing Entitlements, is hereby rescinded and
of no further force and effect.
The Planning Commission is hereby directed to initiate such amendments to the
Existing Entitlements as may be necessary to conform the Existing Entitlements to the provisions
of this resolution.
Section 2.
That new Council Policy No. SSO be, and the same is hereby adopted, to read as
follows:
"It is the policy of the City. Council that no zoning
entitlement for any hotel or motel shall be approved, and no existing ..
zoning entitlement for any hotel or motel shall be amended, in any
manner which would require [he owner or operator of such hotel or
motel to limit the length of occupancy of any guest therein to any
specific period of time. Nothing contained herein shall be deemed to
prohibit any limitation on the term of any zoning entitlement..
The term 'zoning entitlement' as used herein shalt
mean any zoning reclassification, conditional use permit, zone
variance, administra[iveadjuslment,orotherdscretionaryentidement
approved by the City Council, City Planning Commission or Zoning
Administrator pursuant to any provision of the Anaheim Zoning.
Code."
THE FOREGOIIVG RESOLUTION is her y adopted proved by the City
Council of the City of Anaheim this 25th day of Ma , 2 3
MAYOR OFT CITY OF ANAHEIM
ATTEST• ~r~
C-~~,C ~1e~..t ct 4k''Z
CITY CLERK OF THE CITY OF ANAHEIM
4R584.I
7
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 2003R-61 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 25th day of March, 2003, by the following vote of the
members thereof:
AYES: MAYOR/COUNCIL MEMBERS: Chavez, Hernandez, McCracken, Pringle, TaR
NOES: MAYOR/COUNCIL MEMBERS: None
ABSTAINED: MAYORlCOUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
CITY CLERK F THE CITY OF ANAHEIM
(SEAL)
ITEM IJO. 12
CG
RCL 92-93-04
RCL 67-68-26
RCL 66-67-14
RCL 53-5419 Q
CUP 3569 3
CUP 3104 F
VAR 2476 U
VAR 2365 S
VAR 1945 S ~
TARGET/
AUTO SVC. O
• It ~ I 55-66-12 ~~Q~g
~~~j~
ML SMALL INDUSTRIAL IRMS ,~Npu-
RCL72-73-27 -- -- --- ---- ---- - ~ z
53-5419 -- -- --- --
SMALL IND. FIRMS ^
1 i
-----
I ML --
- '-
-~
ML I ~ CUP6 078 N
INDUSTRIAL 1 D
STR ~
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FIRMS i IN
U
IAL
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ML
SMALL COMMERCIAL I I 5556-12
INDUSTR IAL
SHOPS 8 OFFICES FIRM S I I °m
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Y ML COo °p
RCL 65-66-62 ~ RCL 65.66-62 ~ m 1
53-$419 ~N 53-5419 Um Um °o U / ~^
° RCL 56-56-12 pN.~p
CUP 3034 O° CUP 3034 ~ ~~ ~ !
a EQUIPMENT d..4 ~
U ~ ~O I jUm RENTALS ~~
LINCOLN AVENUE
785' __ 102' ~
x CL t
N oQ RS-A- RS-A- CL RS-A- Wm RCL ~^
~ w
~ 43,000
V-1000 5 83,000
V-06 RCL 8486-36 43,000
CL 90-91-7 om ~
m
U 63-64.53
V-1621
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y
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~ V-462 2 VAR 3486 (Res of lnt m
nrt VAR 160 ,
.ms
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;
~ ~ OFFlCES Lo CO) ~> MEDICAL ; 3,oa0 ; [
Q VAR 4088 ~ OFFICE :CUP 564: _
p M ED !CUP 244: m
m .
CENTER MEDICAL OFFICES `
pj p4s m
p
g7
' CUP 4318 i
~. V-818 5 i
RS-7200 s3 eRai1g1;
7 DU EACH '~AOTE4 '
~„
~ ' ~ '
.•/'9 /~ Yr~t
RM-1200
RCL 87
88
22
EMBASSY AVENUE.. • -
-
.
88-89-3
CUP 2956
CUP 862
F RS-7200
~ v
_
°O _
4
1 DU EACH F-
~ °
°
< CUP 289
°Q °U
°
w a GPA 245
~w c
~w
^ Z
~ yam' VAR 3811
~~ ~ w °~ ~p VAR 1729
¢p ~ ~ RS-7200
w ~ APARTMENTS
Q
= N
1 DU EACH N a O
K p LL
HACIENDA PL x
I
~---~ q <
RCL~~
2002-045
CUP 15C
RS-A- RS-A- CUP 65f
43.000 43,000 CUP 37:
V-259 V-819 VAR 2191
REST. MDTEL V-879
REST.
RM-120
APTS.
Conditional Use Permit No. 244 r : Subject Properly
Conditional Use Permit No. 564 Date: May 5, 2003
TRACKING NO. CUP2003-04691 Scale: Graphic
Requested By: (CITY-INITIATED) Q.S. No. 47
CITY-INITIATED REQUEST TO AMEND OR DELETE COND ITION OF APPROVAL PERTAINING
TO THE OPERATION OF AN EXISTING MOTEL.
1800 West Lincoln Avenue -Executive Inn
659(2003-6.1)
Staff Report to the r
Planning{Commission
May 5,.2003
'.'Item No.'12
12a CEQA CATEGORICAL EXEMPTION -CLASS 1 ' ! (Motion) ,
12bs CONDITIONAL USE PERMIT'NOS: 244 and 564' (Resolution)
(TRACKING NO CUP2003-04691)
SITE LOCATION AND DESCRIPTIONi'
(1) This rectangularly-shaped, 0.84-acre property has a frontage of 102 feet on the south side
of Lincoln Avenue, aimaximum;depth of 359 feet and is located approximately 785 feet east
of the centerline of Broadview Street (1800 West Lincoln Avenue -Executive Inn). i
REQUEST:
`, (2) City-initiated request to amend or delete conditions of approval pertaining'to the operation
of an existing motet
BACKGROUND:
(3) In February 2000, the City Manager's office established a task force to examine issues
surrounding transitional living In some of the City's motels. Of the 146 motels that were
existing ad3hat time, approximately nine were considered to be'problem facilities, based on
he high amount of calls for police service'and code enforcement activity.; In response to
the issue of having long-term occupants staying in these motels, the Planning Commission
and City Council motl~ed the conditions of approval'for four of the motels (three of which
'are currently still operating) including limiting the stay to a total of 30 days within any:
'consecutive 90-day period.
(4) 'Conditional Use Permit No. 244 (to establish a 44-unit motel) was approved by the City
'Council on October 16, 1962,;(ResolutiomNo. 62R-937) and Conditional Use Permit No.
564 (to establish an odditionaf 8 units to an existing motel) was approved'by the Planning
:Commission on Aprit27, 1964: (Resolution No. 1142; Series 1963-64). On December 6,
1999, the petitioner requested a readvertisement ofthe permit o modify the conditions of
approval and the Planning Commission approved the request,'adopting Resolution No.
PC99-216:: The resolution contains the following conditions of approval
"3. That hot plates shall not be permitted in the guest rooms.
4. That guest rooms shall not be rented, let, or occupied by any individual fa
::periods of'less thadtwelve (12) consecutive hours, nor shall guest rooms be
rented, let'or occupied by any individual for more than thirty'(30) days within any
ninety (90)' day period, excluding one (1) manager's unit. Guests vacating the
:premises shall be required to remove all personal belongings from the guest
'room.
S. That the property owner shall pay the costs of random Code Enforcement
Division inspections as often as necessary until the subject property is brought
into compliance, or as deemed;necessary by the City's Code Enforcement
:Division, to gain and/or maintain compliance with State and local statures,
ordinances, laws or regulations:'
9. That the smoke alarms in the guest rooms shall be hard-wired rather than battery
operated and shall, tfiereafter,be maintained in good working order at all times
Sr3019ey
!.Page 1
Direction ~ LanrB °. ~. • ' Zoning General Plan
Designation
North across.: Commercial Retail CL & CG :General Commercial
Lincoln Ave. 'Center
East Apartments': RM-1200 Medium-Density
Residential
:South Apartments RM-1200 Medium-Density
Residential
West Medical Office, Single- CL Commercial Professional`
Family Residences RS-7200 Low-Density Residential
DISCUSSION:
{6) The City Council, at its meeting on March 4, 2003, discussed the inconvenience of
requiring motel occupants of occupancy-restricted motels to relocate after 30 days of stay.
The City Council felt that the lack of a permanent address for students staying in these'.
motels and the'undue burden of moving every 30 days has created unnecessary hardship
for the motel occupants. Therefore the City Council directed the City Attorney to prepare a
resolution establishing anew Council Policy prohibiting the imposition of any. time limit on
the length of guest occupancy in a hotel or motel.
Page 2
Staff Report to the
Planning(Commission
May 5,.2003
Item No 12
i (7) 'buying the following City Council meeting; on Marcfi 25, 2003,'occupants`ofthls motel
discussed the need for cooking facilities uch as hot plates and microwaves in guest
'rooms. Irr response, the Council cautioned that this"may in turn create health and safety
concerns hat should also be atldressed, ;The attached Council Resolution No: 2003R-61,
adopted at this meeting, created Council`Policy No.°550, as follows:
Jt is the policy of the.: City Council that no Toning entitlement for any hotel'or motel shall be
'approved, and no existing zoning entitlement for any hotel or motel shall be amended, in
any manner which would require the owner or operator of such hotel or motel to limit the
length of occupancy'of any guest thereinao any specific period of time. Nothing contained
:herein shall be deemed to prohibit any limitation on he term of any zoning entitlement.
The term "zoning entitlement" as used herein shall mean any zoning reclassificatiort,
:conditional use permit, zone variance, administrative adjustment, or other discretionary
`entitlement approved by the City Council,;City Planning Commission or Zoning
'Administrator pursuant to any'provision of the Anaheim ZoningCode."
(6) This resolution further directs the City Planning Commission to'commence proceedings to
'initiate amendments to existing entitlements as may be necessary to conform to the
',provisions of Council Resolutioh No. 2003R-61, including Conditional Use Permit Nos. 244
'and 564.
(9) In addition to deletion of any conditions of,approval pertaining to occupancy limitations,
!staff proposes the following conditions of approval in order to address safety concerns
associated with long.-term stays in hoteis'or motels:
(a) That cooking facilities may be included in the guest rooms provided that such
#acilities are hard-wired (microwaves excepted) and comply with all applicable
building codes, including provisions for proper venting. No portable hot plates or
'similar cooking devices shall be permitted in the guest rooms,
(b) That all guest rooms shall be equipped with properly operating hard-wired (not
ibattery operated) smoke alarms.
? (c) That the property owner shall tie responsible to pay the cost of random Code
'Enforcement inspections (not to exceed twice a year) to ensure compliance with
these conditions of approval and with alfapplicable state and local statutes,
ordinances, laws and regulations.
ENVIRONMENTAL IMPACT ANALYSIS:
(10) The Planning Director's authorized representative has determined that the proposed project +
fails within the definition of Categorical Exemptions, Section15301, Class 1 (Existing
Facilities),;asdeflned in the CEQA Guidelines and is, therefore, exempt from the
.requirement to prepare additional environmental documentation.
GROWTH MANAGEMENT ELEMENT ANALYSIS:
(11) :The proposed project has beeri'teviewed'byafferted City departments to determine
.:whether it conforms with the City's Growth Management Element adopted by the .City
..Council on March 17; 1992. Based on City staff review of the proposed project, it has been
`determined that this' project does not fit within the scope necessary to require a Growth
Management Element analysis, therefore; no analysis has been performed.
Page 3
Staff Report o the
Planning Commission
May 5„2003:
Item No. 12i
FINDINGS:::
(12) Before the Planning Commission giants 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 the2oning 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 forahe proposed use is adequate to allow the full
development of the proposed use in a manner not detrimental to theparticular area
nor to the peace, health, safety, and general welfare;
(d)', That the traffic generated by the proposed use will not impose an undue burden
upon the streetsand 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 noE be detrimental to the peace, health, safety and general welfare of the
citizens of the City of Anaheim.
(13) Subsection 18.03.092 of 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 or variance for'which such approval is granted is not being exercised
within the time specified in such permit;
(c) ' That the use or variance 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 or variance granted is being, or recently has been exercised
contrary to the terms or conditions of such approval, or in violation of any statute,
ordinance, law or regulation;
(e) That the use or variance for which the approval was granted has been so exercised
as to tie detrimental to the public health or safety, or so as to constitute a nuisance;
(f) ', That the use or variance 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; or
(g) That any such modification,'including the imposition of any;additional'conditions
thereto, is reasonably necessary to protect the'public peace, heatth, afety or i
general welfare, or necessary to permit reasonable operation under the conditional
use permit or variance as granted,
Page 4
:Staff Report to the '
Planning'Commission
May 5, 2003
Item No. 12
RECOMMENDATION:
(14) 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 io this staff report, and oral and written evidence presented at tfie
public hearing that the Commission take the following. actions:
(a) Bymotion, determine that the project is Categorically Exempt under Section%15301,
Class 1 (Existing Facilities) of theiCEQA Guidelines.
(b) By resolution,+aoarove the modification of Conditional Use Permif Nos. 244 and
:564 to amend or delete certain conditions of approval pertaining to an existing 52-
unit motel, based on tha,following:
(i) ' That such modification is reasonably necessary to protect the public peace,
health, `safety or general welfare, and decessary fo permit reasonable
operation under the conditional use permit as granted.
(c) Staff further recommends that the Commission amend Resolution Nos. 62R-937,
1142 (Series 1963-64) and PC99-216 in their entirety, to be replaced by a new
resolution with the following conditions of approval:
1. That the subject property shall be developed substantially in accordance with
plans and specifications submitted to the City of Anaheim by the petitioner
and which plans are on file with the Planning Department marked Revision
No. 1 of Exhibit Nos. 1 and 2, and Exhibit Nos. 3 hrough 5; provided that
trees, fifteen (15) to twenty'(20) feet in height, shall be retained along: the
west property line4to shieltl the single-family residential development from the
two-story motel development, as stipulated by the petitioner, and as
conditioned herein.
2. ` That a site screed: shall be located along any second stary portion of the
buiidldg on subject property facing the adjacent residential `propertiesi
3. That cooking facilities may tie included! in the guest rooms provided that such
facilities are hard=wired (microwaves excepted) and comply with all
applicable buildidg codes, including provisions for proper venting. No'
portable hot plates or similarcooking devices sfiall be permitted in the guest
rooms.
4. ' That guest roams shall not tie rented, let or occupied by any individual for
periodsof less than twelve (12) consecutive hours.
5.: That the property owner shall be responsible to pay the cost of random Code
Enforcement inspections (not to exceed twice a year) to ensure compliance
with these conditions of approval and with all applicable state and local
statutes, ordinances, laws and regulations.
6. That as required by the Urban Forestry Division of the Community Services
Department, one (1), twenty-two (22);foot brown trunk Washingtoniad
Robusta hybrid sheet tree and one (1); twenty four (24) inch box Tipuana
Tipu sheet tree,both with an on-site igigation system, shal(be installed by
the property owner within the public right-or-way adjacent to Lincoln Avenue
as specified on the approved site plan; in accordance with the City of
Page 5
Staff Report o the
Planning Commission
May 5, 2003
Item No. 12
Anaheim Tree Planting Specifications and as specified in the Lincoln Avenue
( Corridor MasterPlan.
7. That all guest rooms shall be equipped with properly operating hard-wired (not
batteryoperated)cmoke alarms.
8. That trash storage areas shall be maintained in alocation acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved
plans on file with said Department. Said storage areas shall be designed, located
and screened so as not to tie readily identifiable from adjacent streets'or highways.
The walls of the storage areas shall be protected from graffiti opportunities by the use
of plantmaterials such as minimum one (1) gallon sized clinging vines planted on
maximum three: (3) foot centers, or tail shrubbery:
9. That any existing or proposed ground- orroof-mounted equipment shall be properly
shielded from view of surrounding properties andfstreets incompliance with the
requirements of the Anaheim Municipal Code.
10. That, if deemed necessary by the Anaheim Police Department, a minimum of one (1)
uniformed security guard, shall be provided upon',the premises at all times specifically
to provide security and to discourage vandalism, trespassing and/or loitering upon or
adjacent to the subject property.
11. That the owner/manager shall maintain: a complete guest registry or guest card
system which includes the full name, address, and verified'driver's license or legal
identification and vehicle registration number of all registered guests; date of
registration, and room rate; and which shall be made available upon demand by any
police officer, code enforcement officer, or license inspector. of the City of Anaheim
during reasonable business hours.
12. That every occupied guest room shall be provided. with daily maid service.
13. That the owner and/or management shall not knowingly rent or let any guest room to
a known prostitute for the purposes ofpandering, soliciting'or engaging in the act of
prostitution; or to any person for the purposes of selling, buying, or otherwise dealing,
manufacturing or ingesting an illegal drug or controlled substance, or for the purpose
of committing a criminal ofimmoral acf
14. That no'guest room shall be rented or let to any person under eighteen (18) years of
age, as'verified by`a valid driver's license or other legal identification.
15.' That all available room rates`shall be prominently displayed`in a conspicuous place
within the office area, and that the property owner and/or motel management shall
comply with the provisions of Section 4:09.010 of the Anaheim Municipal Code
pertaining to the posting of room rates.
16. ' That the property owner and/or motel management shall comply with the provisions
of Section 2.12.020 of the Anaheim Municipal Code pertaining to the operator's `<
collection duties of transient occupancy taxes.
17. That this property and these buildings and accessory structures shall tie broughtinto
I' compliance with the statutes, ordinances, laws or'regulations of the State of
California, as adopted by the City of Anaheim, including the Uniform Building Cade,
Page 6
Staff Report to the
Planning,Commission
May 5; 2003
r Item Na 12
uniform Housing Code; Uniform Fire Code, Uniform Plumbing Code, National Electric"
Cotle, and Uniform Mecfianical Code, and permanently maintained thereafter in
compliance with such statutes, ordinances, laws or regulations.
18. That the on-site landscaping shall tie shall bepermanently irrigated and maintained
by providing regular landscaping maintenance, regular7emoval of trash or debris,
and removal of graffiti within twenty four (24jhours from the time of occurrence.
19. That a statement shall be printed on the face of the guest registration card, to be
completed by he guesfwhen registering, advising thafthe register is open to'
inspection by the Anaheim Police Dapartment or other Anaheim personnel fa law
enforcement purposes.
20. That any tree or other landscaping planted on-site shall be replaced in a timely
manner in the event thaf it is removed, damaged, diseased and/or dead.
21, Tftat an on-site trash truck turn-around area shall be provided per. Engineering
Standard Detail No. 610'and maintained to tha satisfaction of the Streets andz
Sanitation Division.
22. That three (3) foot high address numbers shall be displayed and maintained on the
roofof the building in a color which`contrasts with the roof material: The numbers
shall not be visible to the street or atljacent properties.
23. That. sufficienf)ighting be'provided to illuminate and make easily discernable the
appearance and conduct of persons on or about the parking lot. Said lighting`shall
be directed, positioned and shielded in such ainanner so as not to unreasonably
illuminate the windows of nearby residences.
24. That the number of unitsshall be limited to fifty (50) guest units and one (1) :
manager's unit, in conformance with the approved plans:
25. That signage for subject facility shall be limited to that for which building permits have
previously been issued and approved. Any additional s(gnage shall be subject to
approval by the Planning Commission as a"'Reports and Recommendations";item.
P6. Thatwithin sixty (60) days from the date of this resolution, Condition Nos. 17 and 22
above-mentioned, shall be complied with.
27. That the approval of thls application constitutes approval of the proposed request
only;to the extent that if complies with the Anaheim Municipal Zoning Code and any
other applicable City, State and Federal regulations. Approval does not include any
action or findings as to compliancebr approval of thetequest regarding any other
ordinance, regulation or requirement.
Page 7 '
ATTACIUIENT - 1TEN N0. 12
RESOLUTION N0.2003R- 61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM. ADOPTING A POLICY PROHIBITING THE
IMPOSITION OF ANY SPECIFIC TIME LIMITATION ON THE
LENGTH OF GUEST OCCUPANCY IN A HOTEL OR MOTEL
AND RESCINDING ANY SUCH LIMITATION HERETOFORE
IMPOSED IN ANY ZONING ENTITLEMENT.
WHEREAS, in a limited number of instances and under certain circumstances, the
City Council or City Planning Commission has heretofore approved new zoning entitlements, or
.amended existing zoning entitlements, for certain hotels or motels to include conditions limiting the
permitted length of guesLOCCUpancy in such hotels or motels to a maximum of thirty days within any
ninety day period, or other similar specific time limitation (the "Occupancy Limitation"); and
WHEREAS, said Occupancy Limitation has heretofore been imposed as a condition
of approval in the following zoning entitlements currently in effect:
Conditional Use Permits Nos. 244 and 564 authorizing a 52-unit
motel on the property located at 1800 West Lincoln Avenue,
Anaheim, Califomia (Executive Suites Motel).
Conditional: Use Permit No. 3928 authorizing a 45-unit motel on the
property located at 420 South Beach Boulevard, Anaheim, Califomia
(Best Budget Motel).
Variance No: 1229.authorizing a 70-unirmotel on the property
located at 823 South Beach Boulevard, Anaheim, Califomia (Covered
Wagon Motel).
(hereinafter collectively referred to as the "Existing Entitlements'); and
WHEREAS, the stated purpose of such Occupancy Limitationwas asexpressly stated
in each of said Existing Entitlements; and
WHEREAS, upon further review, the City Council has determined that such
occupancy limitation is no longer necessary as a means to accomplish the stated purpose for which
such limitation was originally imposed; and
WHEREAS, the City Council desires, as aCity-wide policy deletmination, to rescind
any such Occupancy Limitation heretofore imposed, including any such limitation currently
contained in any of the Existing Entitlements; and
WHEREAS; the City Council further desires to prohibit the imposition of such
Occupancy Limitation as a required condition of any future zoning entitlement.
NOW, THEREFORE, BE I'I' RESOLVED by the City Council of the City of
Anaheim as follows:
Section L
That any Occupancy Limitation heretofore imposed in any conditional use permit,
zone variance, or other permit or entitlement which is otherwise currently in effect, including any
such Occupancy Limitation contained in any of the Existing Entitlements,'is hereby rescinded and
of no further force and effect.
The Planning Commission is hereby directed to initiate such amendments to the
Existing Entitlements as may be necessazy to conform the Existing Entitlements to the provisions
of this resolution.
Section 2.
That new Council Policy No. 550 be, and the same is hereby adopted, to read as
follows:
"It is the policy of the City Council that no zoning
entitlement for any hotel or motel shall be approved, and no existing
zoning entitlement for any hotel or motel shall be amended, in any
manner which would require the owner or operator of such hotel or
motel to limit the length of occupancy of any guest therein to any
specific period of time. Nothing contained herein shall be deemed to
prohibit any limitation on the term of any zoning entitlement.
The term `zoning entitlement' as used herein shall
mean any zoning reclassification, conditional use permit, zone
variance, administrative adjustment, orother discretionary entitlement
approved by the City Council, City Planning Commission or Zoning
Administrator pursuant to any provision of the Anaheim Zoning
Code"
THE FOREGOING RESOLUTION is her y adopted proved by the City
Council of the City of Anaheim this 25th day of Ma , 2 3
MAYOR OFT CITY OF ANAHEIM
ATTEST: ~
~~~~ ~,t R 4fl t
CITY CLERK CSF THIr CITY OF ANAHEIM
4BSga,I
7
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss,
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 2003R-61 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 25th day of March, 2003., by the following vote of the
members thereof:
AYES: MAYOR/COUNCIL MEMBERS: Chavez, Hernandez, McCracken, Pringle, Tait
NOES: MAYORlCOUNCIL MEMBERS: None
ABSTAINED: MAYORlCOUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
i
.C. ~ ~.t`~~CC.C.C aC1~iC.~-C.et~-r~-~-l;
TY CLERK f5F THE CITY OF ANAHEIM
(SEAL}
K O m
CH
RCL 6
65
69
-
4- ~ LYNROSE DR
DENNYS
CH RM-1200
RCL 6465
69 RM-1200 RCL 62-63- 36 RMg200
--
-
28 58-57.33
78
RCL 77 ~
-
57-58-43 .
-
~ CUP 314 RCL 62.63-3fi
RESTAURANT 5 g ~U 3 APTS. CUP 314
72 DU
y CG V42W
57.58-43 ROBIN HOOD pL
CUP 2712 MOTEL RCL 71-72-23 (t1
LUP 2757 WPt227
CL V-647
H -~ 56-67-59 q,
RCL 71
72
23 RU6TIC INN
D CUP 907
VAR 3028 5 -
-
V-B74
CUP 3179 TRAVEL INN ~y7-~
.Zl V-1200 CUP 2494 MOTEL
CUP i582
~ MDTEL 6
fp RESTAURANT CL CL
-i 60.61-31 CUP 1339
~ CL CL 60-61-31
Q
H ~
-~
wPtz43 ~
fie-s7-s9 RCL 69-70.11 RCL 98.99-15 SUM TOMO
Bp~K SUMITOMO
SMALL SHOPS SMALL SHOPS cUP 2538 CINDY'S MOTEL BANK
5.8.3 FLOWER SHOP
FOODMART
BALL ROAD
378'
58- 9L109 ~ iia mim99`9 t ~ .~ w.-..,-`•~r3":xr...,~:;
~"
VAR 2685
CUP 1644
~
CL Q ,
T-cua z9m-age cl
2 QIP 2]89
~ ClIP 1997 y~ ~ ;
RRCL26~2~5~ ~"
~-
1 RCL64-65-95 ~
CL ~
_
LAa tmas
~ ~~ '~"59-a7 ~
'
p MED. OUP 2775
Ll.l
RCL fit-63-73 ,F
T-CUP 200&04884 ~
e~x~i4' ~ CL
.
OFFIC REST.
CUP 2832 -1 ~
~ ,
{
~.+ ~. CUP Y199
wP 6BZ
'
A
°B ~`'
~
° RCL 62.63-89
CUP 1964 ~ N t~;,
`°s
°
ei-aZ
i4
~
,~. , ~ 1 CUP 1387 5' MARkfT
CL O ~ ~T UP~91904 a~. CUP 592 ~
VAR 2685 BEACH -BALL RCL6465-95 m
SHOPPING CENTER CH3 ~ ap two ' ~ ~s~OP IP NG ~~"
~-'~ vA9lmas C
1 DU
64-65.11 = ENTgR
xs I IS,j39~~3,,1~~ %'~ ..
`
'
~
CUP 1363 U ~`d44U4R
#.6fl.E :~
~`
.~%;Ti~;,. `fz'`~~,,,
W CL (MHP) RS-A-43,000
0] RCL 82-63-28 CUP 586
~ 86-57-44 CHURCH
RcL 92-93-09 MOBILE HOME PARK
CUP 3978
RCL 68-69-11
CUP 3608
VAR 2001 CL
CUP 2625 56-57-4-0
AUTO SALVAGE VAR 2211 5
V-891 S
HOBBY CITY
ANAHEIM CITYLIMITS
_ _
STANTON CITY LIMITS
/fi ~~
Reclassification No. 2003-00096 ,~- ~~:~ Subject Property
~~_;.
Date: May 5, 2003
Scale: 1" = 200'
Requested By: CITY-INITIATED (PLANNING DEPARTMENT) Q.S. No. 15
A CITY-INITIATED (PLANNING DEPARTMENT) REQUEST FOR RECLASSIFICATION OF THE
PROPERTY FROM THE CH (COMMERCIAL, HEAVY) AND CL (COMMERCIAL, LIMITED) ZONES
TO THE CL (COMMERCIAL, LIMITED) ZONE, OR A LESS INTENSE ZONE.
1218 South Beach Boulevard and 2954-2964 West Ball Road ssi(zoo3-5-+.
Staff Report to the
i Planning'Commission
May 5, 2003
:Item No. 13
13a. CEQANEGATIVE DECLARATION (Motion)
13b:< RECLASSIFICATION NO'.2003-00096 ;(Resolution)
SITE LOCATIONiAND DESCRIPTION:
(1) `This rectangularly-shaped, 2.4-acre property is located at the southeasCcorner of Beach
Bouleve~d and BalliRoad with frontages'of 277 feeti on the east side of Beach Boulevard
and 378 feet on the south side of Ball Road (1218' South Beach Boulevard and 2954-
2978 West Ball Road).
REQUEST:
(2) ACity-initiated (Planning Department) request for reclassification of the properties from
r the CH;(Commerciel, Heavy and CL (Commercial, Limited)2ones to the CL
(Commercial, Limited) or a less intense zone.
BACKGROUND: i
(3) This property is curientiy developed witha commercial retail center and is zoned CL
and CH. The Anaheim General Plan Land Use Map designates this property for
General Commerce) land uses. The property is also located within the West Anaheim
Commercial Corridors Redevelopment Protect Area.
(4) Surrounding land uses are as follows:
Direction Land Use 'Zoning General Plan
Designation
North (across Balf Road> '.Service station, motel CL General Commercial ':
and flower shop
Easy Market CL General Commercial ``
South ? Mobilehome park CL (MHP) General Commercial
West (across Beach Drlve-through CL General Commercial
Boulevard) t restaurant and retail':
center
(6) On March 10, 2003, the Planning Commission initiated Reclassification IVo. 2003-00096
to reclassify the properties from the CL and CH zones to the CL zone or less intense
zone, in conjunction with its approval of an amendment of Conditional Use PermifNo.
f 1397 (to amend conditions ofapproval'ahd approved exhibits to allow public
entertainment in conjunctioKwith aprevously-approved restaurant witH sales of beer
and wine for on-premises consumption):
sr8590av
Page 1
Staff Report to the
Planning Commission
May 5, 2003
Item No. 13
RECLASSIFICATION ANALYSIS:
(6) This commercial center includes property that is zonedCH and is 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. This reclassification would rezone
the existing commercial retail center from the CH and CL zones o the CL zone. This'r
City-initiatedrreclassification would be consistent with the Planning Commission policy. of
redesignating all parcels in the CH and CG zones to the CL zone: in order to establish
more appropriate landwse and site development standards for aU commercially-zoned
properties Citywide. The rezoning would also be consistent with She General
Commercia(General Plan land use designation for these properties.
ENVIRONMENTAL IMPACT ANALYSIS: i
(7) Staff has reviewed the proposal and the Initial Study (a copy of which is available for
review in the Planning Department) and finds no significant environmental. impact and;
therefore, recommends(that a Negative Declaration be;approved upon a finding by the
Commission at the 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 furtherfinding on'the basis of
the Initial Study and any comments receivedthat thereiis no substantial evidence that'
the project will have a significant effect on the environment.
GROWTH MANAGEMENT ELEMENT ANALYSIS:
(6) Tfie proposed project has been reviewed by;affected City departments to determine
whether it conforms with the City's. Growth Management Element adopted by the City
Council on March 17, 1992. Based on City staff review of the proposed project, it has?
been determined that this projecEdoes not fit within the: scope necessary to;~equire a
Growth Management Element analysis, therefore, no analysis has been pertormed.
RECOMMENDATION:
(9) 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 iri this staff report, and oral and written evidence presented at the:
meeting, the Commission take the following actions:
(a) By motion, a rove a CEQA Negative Declaration.
(b) By resolution, unconditionally approve Reclass~cation No.'2003-00096 to rezone
these'properties'from the`CH and CL "zones to the CL zone.
Page 2