PC 2003/06/02CITY OF ANAHEIM
PLANNING COMMISSION AGENDA
JUNE 2, 2003
Council Chambers, City Hail
200 South Anaheim Boulevard, Anaheim, California
JOHN KOOS~"DAVILTROMERO ~AIVIES'VANDERBILT, (ONE VACANT SEAT)
' ~_ d
~ 4 ~
CALL TO ORDER
PLANNING~COMNIISSION MORNING SESSION 1s1;UO~A.M.
• PRESENTATION"O~ HASKETT LIBRARY CONSTRUCTION P~tOGRAM
• STPiFF'UPI~f{TE Tb COMMISSION ON VARIOUS CITY
DE~/,EI»QPMEtS ,AND~SSUES {AS REQUESTED BY ~~t
PLANNING CO~MISSIDN) "`"-"`~..~~, ~' ---,..
• PRELINIINAR~' PLAN REVIEW E9R i`FEMS O,N°THE,}UN~ 2 2003 AGENDA
RECESS TO AFTERNOON'P,UBLICHE7CRING"SES570h1 t ,~', `
I ~ ,,~~ q_ _ y ,- '
RECONVENE TO gUBLIC NEARiNG~ 30 L:M ` '~~ ` r ' ~ s~ ~
For record keeping,purposes (PytS~iaul~h to:{nake d stafemei~t,iegarcYmglany item on; the agenda, please
complete a speaker,~carrY and submit it to th~,~ecreta~}:,~ ~`t ra~,` '
PLEDGE OF ALLEGIANCE ~~ ~ r ~~ `~' --...~ 'y~G.--d.~ ~`~ ~` ~~~~
PUBLIC COMMENTS ~. ~~ '~.:~u ~ ~ ~~' ~-"~ ~ ? ~ '``~
CONSENT CALENDAR ~``~ F ~ ~ *~ ~ '~f ~ r tii~~y,.~
PUBLIC HEARING ITEMS ~~' "`~"~"""~"~~
ADJOURNMENT
06-02-03
Page 1
RECONVENE TO PUBLIC HE,~RING AT '1:30 P.M.
ITEMS OF PUBLIC INTEREST:
Presentation of a plaque to Phyllis Boydstun in acknowledgement of her 14 % years of service on the
Planning Commission.
PUBLIC CONIflflENTS: '
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 C~,LENDAR:
Item 1-A through 1-D 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.
A. (a)
(b)
Ciry of Anaheim, Planning Departrnent, 200 South Anaheim Boulevard, Suite
162, Anaheim, CA 92805, requests a specific plan adjustment to the Northeast
Area Specific Plan (SP94-1 ), Development Area 3 (La Palma Core Area) to
conditionally permit new vehicle limousine conversions.
B. (a) CEQA CATEGORICAL EXEMPTION -CLASS 1
(b) CONDITIONAL USE PERMIT NO. 2002-04590
(TRACKING NO. CUP2003-047001
Micaela Munez, 1616 North Broadway, Santa Ana, CA 92706, requests a
.retroactive eMension of time to comply with conditions of approval for on-
premises sales and consumption of alcoholic beverages in conjunc8on with an
existing restaurant. Property is located at 1750 West Lincoln Avenue, EI
Conejo Feliz Restaurant
C. (a)
(b)
Donald Jackson, Orange County Water District, 10500 Eliiss Avenue, Fountain
Valley, CA 92708, requests a Ome extension for a 5-1ot detached single-family
residential subdivision. Property is located at 2901 East South SVeet.
O. Receiving and approving the Minutes from the Planning Commission
Meetings of May 19, 2003. (Motion)
Project Planner:
(cwaoner o(~anaheim.net)
sr1117cw.doc
Project Planner:
(avazc uez(a) anahe im. net)
sr8606av.doc
O. S. 47
Project Planner:
(cwaaner(aZan aheim. net)
sr1118cw.doc
O. S. 134
06-02-03
Page 2
PUBLIC HE~4RIidG ITEMS:
2a. CEQA'NEGATIVE DECLARATION
2b. WAIVER OF CODE REQUIREMENT
20. CONDITIONAL USE PERMIT NO. 2003-04888
OWNER: Emmett Roach, 619 Calle Hidalgo, San Clemente, CA
92673
AGENT: Eduardo Cruz, 310 North Alma Avenue, Los Angeles, CA
90063
LOCATION: 1751 West Lincoln Avenue. Property is approximately 1.0
acre, having a frontage of 130 feet on the north side of
Lincoln Avenue, located 455 feet west of the centerline of
Euclid Way.
To permit and retain a church in an existing building with waiver of
minimum number of parking spaces.
Continued from the May 19, 2003, Planning Commission Meeting.
CONDITIONAL USE PERMIT RESOLUTION NO.
3a.
3b.
3c.
OWNER: Vanguard Health Systems, 20 Burton Hills Boulevard, Suite
100, Nashville, TN 37215
AGENT: Russel Triplett, Puchlik Design Associates, 474 South
Raymond Avenue, Suite 100, Pasadena, CA 91105
LOCATION: 3033 West Orange Avenue. Property is approximately
11.2 acres, located at the northwest comer of Orange
Avenue and Beach Boulevard (West Anaheim Medical
Center).
Request to amend conditions of approval and revise exhibits for a
previously-approved emergency room expansion, Porte cochere and
parking lot reconfiguration of an existing hospital with waiver of minimum
number of parking spaces.
CONDITIONAL USE PERMIT RESOLUTION NO.
Project Planner:
Lvnorwoodt7o anahelm.net)
sr8608vn.doc
Q.S. 46
Project Planner.
(avazgueztaanahelm.net)
sr8607av:doc
Q.S. 9
06-02-03
Page 3
4a. CEQA CATEGORICAL EXEMPTION -CLASS 1
4b. CONDITIONAL USE PERMIT NO. 2002-04551
(TRACKING NO. CUP2003-04696)
OWNER: Southern California Edison, Attn: Robert Teran, 2244 -
Walnut Grove Avenue, Rosemead, CA 91770
AGENT: Novak & Associates, Inc., Orest Dolynikuk, 132 North
Maryland Avenue, Glendale, CA 91206
LOCATION: 2721 Stonvbrook Drive. Property is approximately 3.1
acres, having a frontage of 265 feet on the north side of
Stonybrook Drive, located 130 feet west of the centerline of
Sherrill Street
Project Planner:
Request to amend a condition of approval pertaining to a required (vnorwood@anahetm.netl
landscape planter.
sr8605vn.doc
CONDITIONAL USE PERMIT RESOLUTION NO. Q.S. 21
5a. CEQA NEGATIVE DECLARATION Request for
Sb. CONDITIONAL USE PERMIT NO.2003-04701 continuance
to June 16, 2003.
OWNERS: Gary Heil, 837 South East Street, Anaheim, CA 92805
City of Anaheim Redevelopment Agency, Attn: Kerry Kemp,
201 South Anaheim Boulevard, 10 floor, Anaheim, CA
92805
LOCATION: 1610. 1620 8 1640 South Claudina Wav. Parcel 1:
Property is approximately 0.92-acre, having a frontage of
140 feet on the east side of Claudina Way, located 1591
feet north of the centerline of Anaheim Way. Parcel 2:
Property is approximately 0.70-acre, having a frontage of
135 feet on the east side of Claudina Way, located 1440
feet north of the centerline of Anaheim Way. Parcel 3:
Property is approximately 0.99-acre, .having a frontage of
151 feet on the east side of Claudina Way, located 1305
feet north of the centerline of Anaheim Way.
Project Planner.
Request to establish an outdoor contractor/vehicle storage yard (iaramirezna anaheim.net)
.
CONDITIONAL USE PERMIT RESOLUTION NO. sr5012jr.doc
Q.S. 97
06-02-03
Page 4
6a. CEQA NEGATIVE DECLARATION
6b. WAIVER OF CODE REQUIREMENT
6c. CONDITIONAL USE PERMIT NO. 2003-04702
OWNER: Oliviero Migneco, 597 Brambles Way, Orange, CA 92869
AGENT: Daniel Estay, 945 3rd Street, Suite C, Encinitas, CA 92024
LOCATION: 2130 East Orangewood Avenue. Property is
approximately 1.3 acres, located at the southwest comer of
Orangewood Avenue and Dupont Drive.
Request to permit and retain an outdoor storage yard with waivers of: a)
maximum fence height, b) minimum number of parking spaces, and c)
minimum landscaped setback.
CONDITIONAL USE PERMIT RESOLUTION NO.
7a. CEOA CATEGORICAL EXEMPTION -CLASS II
7b. CONDITIONAL USE PERMIT NO. 214
(TRACKING NO. CUP2003-D4703)
OWNER: Equilon Enterprises, 2205 North Ontario Street, Burbank,
CA 91504
AGENT: Jim Shea, 5140 North Eiton Street, Baldwin Park, CA
92706
LOCATION: 1200 South State Colleoe Boulevard. Property is
approximately 0.49-acre, located at the southeast comer of
Bail Road and State College Boulevard.
Request to permit an above-ground propane tank in conjunction with an
existing service station.
CONDITIONAL USE PERMIT RESOLUTION NO.
Project Planner:
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sr3025ey:doc
Q.S. 119
Project Planner:
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sr3026ey.doc
Q.S. 116
06-02-03
Page 5
8a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED- Request for
Sb. CONDITIONAL USE PERMIT NO. 4187 continuance
(TRACKING NO. CUP2003-04704) to June 16, 2003.
OWNER: Islamic Institute of Orange County, P.O. Box 1236., Brea, '
CA 92822
AGENT: Gamal E. Nour, 1221 North Placentia Avenue, Anaheim,
CA 92806 '
LOCATION: 1220 -1230 North State College Boulevard. Property is
approximately 1.93 acres, located north and east of the
northeast corner of Placentia Avenue and State College
Boulevard (Islamic Institute of Orange County).
Request to amend exhibits for apreviously-approved church to permit Project Planner:
phased construction of the main building and parking iot. (ioramirezt7o anaheim.net)
CONDITIONAL USE PERMIT RESOLUTION NO. sr5011jr.doc
Q.S. 111
9a, CEQA NEGATIVE DECLARATION
9b. CONDITIONAL USE PERMIT N0.2003-04705
OWNER: Calvary Baptist Church, 2780 East Wagner Avenue,
Anaheim, CA 92806
AGENT: Cingular Wireless, 3345 Michelson Drive, Suite 100, Irvine,
CA 92612
Jim Todaro, The Consulting Group., 5440 Trabuco Road,
Irvine, CA 92620
LOCATION: 2780 East Wagner Avenue. Property is approximately
1.97 acres, having a frontage of 144 feet on the south side
of Wagner Avenue, located 144 feet east of the centedine
of Marjan Street.
Request to permit a telecommunications antenna (disguised as a (bell Project Planner.
tower) with accessory ground-
mounted equipment (vnorwoodna anaheim.net)
.
.
CONDITIONAL USE PERMIT RESOLUTION NO. sr8603vn.doc
Q.S. 125
06-02-03
Page 6
ADJOURN TO MONDAY, JUNE 16, 2003 AT 11:00 A.M. FOR
PRELIMINARY PLAN REVIEW.
CERTIFICATION OF POSTING
I hereby certify that a complete copy of this agenda was posted at:
q:~G.n-,. ~-30-03
(TIME) (DATE)
LOCATION: COUNCIL CHAMBER DISPLAY CASE AND
COUNCIL DISPLAY KIOSK
SIGNED:
If you challenge any one of these City of Anaheim decisions in court, you maybe 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.
06-02-03
Page 7
SCE~L
2003
JUNE 16
JUNE 30
JULY 14
JULY 28
AUGUST 25
SEPTEMBER 8
SEPTEMBER 22
OCTOBER 6
OCTOBER 20
iVOVEMBER 17
DECEMBER1
DECEMBER 15
DECEMBER 29
06-02-03
Page 8
ITEM IJ0.1-A
,D
Specific Plan Adjustment No. 2003-00022 ` '' Subject Property
Date: June 2, 2003
Scale: Graphic
Requested By: CITY OF ANAHEIM PLANNING DEPARMENT Q.S. No. 144, 145, 149, 150
ACITY-INITIATED (PLANNING DEPARTMENT) REQUEST FOR ADJUSTMENT TO THE
NORTHEAST AREA SPECIFIC PLAN SP 94-1, DEVELOPMENT AREA 3 (LA PALMA CORE
AREA) TO CONDITIONALLY PERMIT NEW VEHICLE LIMOUSINE CONVERSION.
Northeast Area _ ~ ~cific Plan (SP94-1), Development Area 3 (La Palma Core Area) 781
ATTACHMENT - ITEM N0. RbR 1-A
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING SPECIFIC PLAN ADJUSTMENT N0.9 TO THE
NORTHEAST AREA SPECIFIC PLAN NO. 94-1, AMENDING ORDINANCE
NO. 5517, AS PREVIOUSLY AMENDED, AND AMENDING SUBSECTION -
.050 OF SECTION 18.110.080, OF CHAPTER 18.110 OF TTTLE 18 OF THE
ANAHEIM MUNICIPAL CODE RELATING TO DEVELOPMENT AREA 3
(NEW VEHICLE LIMOUSINE CONVERSION).
WHEREAS, pursuant to the procedures set forth in Chapter 18.93 of the Anaheim
Municipal Code, on September 12, 1995, the City Council of the City of Anaheim adopted
Ordinance No. 5518 amending the zoning map to reclassify certain real property described
therein into the Northeast Area Specific Plan Zone subject to certain conditions as specified
therein, and Ordinance No. SS 17 relating to the establishment of Zoning and Development
Standards for the Northeast Area Specific Plan No. 94-1 bythe addition of Chapter 18.110 to
said Code; and
WHEREAS, in connection with adoption:of Specific Plan No. 94-I (Northeast Area),
the City Council certified EIR No. 317 with the Statement of Overriding Considerations finding
that the Northeast Area Specific Plan incorporates measures to mitigate or avoid significant
impacts on the environment and will itself act as effective:mitigation for potential
environmental impacts identified in Environmental Impact:-Report No. 317; and,
WHEREAS, on June 4, 1996, the City: Council adopted Ordinance No. 5563 amending
Ordinance No. 5517 relating o the Northeast Area Specific Plan No. 94-1, which amendment
added a provision permitting service stations as a conditional use in Development Area 4
(Transit Core) ("Adjustment No. 1 "); and
WHEREAS, on June. 4, 1996, ffie'City Council adopted Ordinance No. 5564 amending
Ordinance No. 5517, Northeast Area Specific Plan No. 94-1, relating to automotive vehicle
repair as a conditional use in Development Area 4 (Transit Core) ("Adjustment No. 2"); and
WHEREAS, on June Il, 1996, the City Council adopted Ordinance No. 5565 amending
various Chapters of Title' 18 including Chapter 18.110 .amending Ordinance No. 5517, the '
Northeast Area Specific Plan No. 94-1, relating to eating and drinking establishments
"AdjustmentNo. 3") and,
WHEREAS, on August 20, 1996, the City Council adopted Ordinance No. 5574
amending'Drdinance No. 5517, Northeast Area Specific Plan No. 94-1, relating to deleting a
time limitation for churches ("Adjustment No. 4"); and
WHEREAS, on January 11, 2000, the City Council adopted Ordinance No. 5714
amending Ordinance No. SS 17, Northeast Area Specific Plan No. 94-1, relating to self-service
laundries ("Adjustment No. S"), and
WHEREAS, on April 18, 2000, the City Council adopted Ordinance No. 5728
amending Ordinance No. 5517, Northeast Area Specific Plan No. 94-1, to amend the
boundaries of Development Area 5 (Commercial Area) and Development Area 2 (Expanded
Industrial) at the northwest comer of La Palma Avenue and Hancock Street ("Amendment No.
1 "), and
WHEREAS, on Apri124, 2001, the city Council adopted Ordinance No. 576
Ordinance No. 5517, Northeast Area Specific Plan No. 94-1, relating to asphalt and
processing within Development Area No: 6 (Adjustment No. 6); and
WHEREAS, on Maya, 2002,. the City Council
Ordinance No. 5517, Northeast Area Specific Plan No.
freeway-oriented signs (Adjustment No. 7); and
WHEREAS, on August 6, 2002, the City Counc
amending Ordinance No. 5517, Northeast Area Specific
within Development Areas 3 and 4 (Adjustment No. 8),
WHEREAS, the proposed a
limousine conversion businesses to the list
azea ("Adjustment No. 9" Tracking No. SP]
WHEREAS, on June 2, 2
considered the proposed Adjustment No
an ordinance approving the proposed ad
CEQA under CEQA;Guidel~
with certainty thatthere-is no
effect on the environment, h~
9
the At
u~wicu~~ attu
~, .,.. ...b.. ....1,...
1 amending
concrete
amending
s for
1 adopted Ordinance No. 5817
Plan No. 94-1, relating to hospitals
and
guests the addition of new vehicle
llypermitted uses in the Specific Plan
!,hereafter"Adjustment No. 9"); and
m City Planning Commission
tided to the City Council that it adopt
isions ofthe California Environmental Quality Act
tied that the project is categorically exempt from
15061 (b)(3), which provides that where it can be seen
that the activity in question may have a significant
not subject to CEQA.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
DOES ORDAIN that Adjustment No. 9 be, and the same is hereby, approved; and that
Ordinance No. 5517 be, and the same is hereby, amended to revise the Zoning and'
Development Standazds' in Chapter 18.110 of the Anaheim Municipal Code as follows:
SECTION 1.
'' That subsection .p50 of Section 18.110.080 of Chapter 18.110 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".050 Conditional Uses and Structures. The following buildings, structutes and uses
shall be permitted in this development azea subject to a conditional use permit in compliance
with Section 18.03.030 'Conditional Use Permits General' of this Code.
.0501 Ambulance services with attendant living quarters:
.0502 Amusement pazk facilities located south of La Palma Avenue including but not
limited to miniature golf courses, water attractions, racetracks, amusement rides
and azcades.
.0503 Animal foods processing.
.0504 Animal hospitals and/or kennels.
.0505 Automobile caz washes.
.0506 Bowling alleys, with or without alcohol sales.
.0507 Buildings or structures in excess of sixty (60) feet in height:
.0508 Bus depots.
.0509 Child day caze facilities which exclusively;serve one or more businesses located
in this Specific Plan azea.
0510: Communications stations and antennas (other than'those permitted by
pazagraphs 18.110.080.030.0309 and 18.110:080.030.0310) including
amateur-operated radio transmission towers and cellular communications
facilities/towers whether ground mounted or mounted on a structure. Maximum
structural height shall be determined by conditional use permit.
.0511 Explosives. Stoiage of any class "A" or class "B" or in excess of twenty (20)
pounds of class: "C" explosives..
.0512 Freestanding freeway oriented signs.
:0513 Health spas and physical fitness centers in excess of four thousand (4,000)
squaze feet in area.
.0514 Helistops located less than one thousand (1000) feet from any residentially
zonedpazcel; Heliports.
.0515 Hotels and motels.
.0516. Lazge collection facilities for recycling purposes subject to the requirements of
Chapter 18:95 of this Code..
.0517 Manufacturing operations not otherwise listed as a perntted use in this
Development Area, including, but not limited to: acid, alcohol, ammonia,
bleaching powder, chlorine, asphaltic concrete, cement, lime, gypsum, plaster of
paris, explosives, fertilizer, gas, glue, lampblack, synthetic rubber, and taz
distillation or processing, brick or concrete products, paint, oil, shellac,
turpentine or varnish, oil cloth or linoleum, paper pulp, polish, soap, soda and
other compounds.
:0518 Metal smelting, refining or processing operations not otherwise listed as a
pemutted use in this Development Area including, but not limited to, high
temperature smelting by blast furnaces or coke ovens, metal foundries, drop
forge operations or the rolling and extrusion of fen•ous metals..
.0519 Private clubs, lodges, and meeting halls.
.0520 Private recreational facilities, indoor or+outdoor, including, but not limited to
recreation courts and fields.
.0521 Public utilities or utilities operated by mutual agencies consisting of electrical
substations, gas or conversion plants.wth the necessary buildings, apparatus or
appurtenances incident thereto, but not including distribution mains or electric or
telephone wires or cables or,City-owned public utilities.
.0522 Restaurants; Enclosed or Semi-Enclosed (with orwithout cocktail lounges
and/or on-premises sale: and consumption of alcoholic beverages; with or
without public entertainment), including drive-in, drive-through, take-out,
walk-up or fast food.
.0523 Retail carpeting and/or petroleum-based flooring businesses.
.0524 Retail. sales provided (I) such uses aze freeway- oriented (ii) provided such retail
sales pertain to furniture, home building products, office supplies or products
determined to be similaz by the Planning Commission or City Council and (iii)
the retail sales. portion of the business shall be a minimum of fifteen thousand
(15,000) square feet.
.0525 Retail sales provided the retail sales portion of the business shall be a minimum
of fifty thousand (50,000) squaze feet...
•.0526 Rubber products; reclamation or processing (natural or synthetic).
.0527 Sales businesses which primarily serve and are compatible with industrial uses
and which aze not otherwise permitted uses in this Development Area, pursuant
to Section 18.110.080.010. For purposes of this section, any use which is found
to encourage retail of products or merchandise or to attract customers other than
industrial. users for industrial purposes permitted in this Development Area shall
not be deemed a use which primarily serves and is compatible with industrial
uses.
..0528. Service stations, automobile or truck, with or without convenience mazkets,
subject to the requirements of Chapter 18.87 of this chapter, provided that as a
condition for the granting of a conditional use permit for an automobile or truck
service station, the property owner shall record an unsubordinated covenant,
satisfactory to the ]Manning Director and City Attorney agreeing to remove all
structures, including underground storage tanks,. in the event that the station is
closed for a period of twelve (12) consecutive months. A service station shall be
considered closed during any month in which it is open for less han fifteen (15)
days.
.0529 Training centers, non-industrial.
:0530 Transmission stations; radio or television, including amateur-operated radio
transmission towers. Heights of antennas and/or towers: associated with these
uses shall be determined by conditional use permit.
.0531 Vehicle sales agencies and lots.
.0532 Hospitals.
.0533 New vehicle limousine conversion."
SECTION 2.: _SEVERABILITY
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 declared
for any reason to be invalid, it is the intent of the Council that it would have passed all other
portions of this ordinance independent`of the elimination herefrom of any such portion as may
be declazed' invalid. ''
SECTION 3. SAVINGS CLAUSE
Neitherthe 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 are substantially the same as ordinance provisions previously
adopted by the City relating to the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
SECTION 4: PENALTY
It shall be unlawful for any person, firm or corporation to violate any provision
or to fail to comply with any of the requirements of this ordinance. Any person, firm or
corporation violating any provision of this ordinance or failing to comply with any of its
requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be
punished bya 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 separate offense for each day during any portion of
which any violation of any of the provisions of this' ordinance. is committed, continued or
permitted by such person, firm or corporation, and shall be punishable therefor as provided for
in this ordinance.
THE FOREGOING ORDINANCE is approved and adopted by the City Council
of the City of Anaheim this day of , 2003.
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
49664. ] ~SMANNlMay 21, 2003
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(RCL RCL 87.86-22 V4319
CO CUP 3986
e3-ea-tle) RGL 88.89-03 EL
NEJO
FELIZ REST CUP 1071
MOTEL CUP 2956 . VAR 2066 S
CUP 062 AUTO DEALER
CUP 526 RS-A-
CUP 289 43,000
VAR 3811 V-619
VAR 1729 MOTEL
APARTMENTS
CL
RM-1200 56-57-39 '.
RCL fit-63-75 CUP 1447
CUP 373 AUTO
V-819 DEALE R
APARTMENTS
43 DU
Conditional Use Permit No. 2002-04590 ~~ ~ r`r,` Subject Property
TRACKING NO. CUP2003-04700 Date: June 2, 2003
Scale: 1" = 200'
Requested By: MICAELA MUNEZ Q.S. No. 47
REQUEST FOR A RETROACTIVE TIME EXTENSION TO COMPLY WITH CONDITIONS OF
APPROVAL FOR ON-PREMISES SALES AND CONSUMPTION OF ALCOHOLIC BEVERAGES
IN CONJUNCTION WITH AN EXISTING RESTAURANT.
1750 West Lincoln Avenue - EI Conejo Restaurant 7so
ATTACHMENT - ITEM ND. P.&R 1-B
MEMORANDUM
CITY OF ANAHEIM
Code Enforcement Division
DATE: MAY 23, 2003
TO: AMY VAZQUEZ, ASSISTANT PLANNER
FROM:` DON YOURSTONE, SENIOR GODS ENFORCEMENT OFFICER
SUBJECT: INSPECTION AT EL CONEJO FELIZ RESTAURANT LOCATED AT 1750 W.
LINCOLN AVE.
This memo is written in response to your request for information regarding the time extension
request for EI Conejo Feliz Restaurant located at 1750 W. Lincoln Ave.
On November 18, 2002 the Planning Commission approved Conditional Use Permit # 2002-
04590 to permit and retain the on-premises sale .and consumption of alcoholic beverages in
conjLmction with an existing restaurant.
On May 5, 2003, I conducted an inspection of the property and found that none of the conditions
have been completed as required by Conditional Use Permit ~ 2002-04590.
If you have any further questions regarding this matter, please feel free to contact me at ext.
4451.
m77bdy.doc
ATTACHMENT - ITEM N0. R&P~ 1-B
RESOLUTION NO. 2003R-20
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 2002-
04590, IN PART.
WHEREAS,.. the City Planning Commission of the City of
Anaheim did receive an .application for a conditional use permit,
with a waiver of certain provisions of the Anaheim Municipal Code
to permit a public dance hall with a cover charge and on-premises
sale and consumption of alcoholic beverages in conjunction with an
existing restaurant upon certain real property located within the:
City of Anaheim, County of Orange, State of California, legally
described as:
THE SOUTHERLY 185: FEET, OF THE NORTHERLY 251
FEET OF THE.. WEST HALF OF THE NORTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SECTION
17, TOWNSHIP 4,SOUTH, RANGE 10 WEST,:. IN THE
RANCHO LOS COYOTES, AS :THE NORTH HALF OF THE
NORTH HALF OF SAID SECTIONS. 17, SHOWN ON A
MAP OF TRACT NO. 2299, RECORDED IN BOOK 70,
PAGES 44 TO 49, INCLUSIVE OF MISCELLANEOUS
MAPS, IN THE OFFICE. OF THE COUNTY RECORDER OF
SAID COUNTY; and
WHEREAS, the City Planning Commission did hold a public
hearing upon said application at the City Hall in the City of
Anaheim, notices of which public hearing were duly given as
required by law and the. provisions of Title 18,:Chapter 18.03 of
the Anaheim Municipal Code; and
WHEREAS, said Commission,-after due inspection,
investigation and studies made by itself and in its behalf and
after due consideration of all evidence and reports offered at said
hearing, did adopt its Resolution No. PC2002-170 granting
Conditional Use Permit No. .2002-04590, in part; and
WHEREAS, thereafter, within the time prescribed by law,
an interested party: or the City Council, on its own motion, caused
the review of said Planning Commission action at_a duly noticed.
public hearing; and
WHEREAS, at the time and place fixed for said public
hearing, the City Council did duly hold and conduct such hearing
and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports; and
WHEREAS, the. City Council finds, after careful
consideration of the recommendations of the City Planning
Commission. and all evidence and -reports offered at said hearing,:
that:
1. The proposed use is properly one for which a conditional
use permit is authorized by the Anaheim Municipal Code.
2. The, proposed use, under the limitations approved and the
conditions imposed, will not adversely affect the adjoining'1'and
uses and the growth and development of the area in which it is
proposed to be located.. -
3. The size and shape of the site proposed for the~use is
adequate to allow the full development of the proposed use in a
manner not detrimental to the particular area nor to the peace,
health, safety and general welfare under the limitations approved
and conditions. :..imposed.
4. The traffic generated by the proposed use will not impose
an undue burden upon the streets and highways designed and improved
to carry the traffic in the area under the limitations approved and
conditions imposed...
5. The granting of the conditional use permit under the
conditions imposed will not be detrimental to the peace, health,
safety and general welfare of'the citizens of the City of Anaheim.
AND WHEREAS, t1~e City Council does further find, after
careful consideration of the action of the City Planning Commission
and all evidence and reports offered at said public hearing before
the City Council regarding said requested waiver(s), that all of
the conditions set forth in Section 18'.b6.080'of the Anaheim
Municipal Code are present and that said waiver(s) should be
granted, for the following reasons:
1. That the variance, under the conditions imposed, if any,
will not cause fewer off-street parking spaces.to be provided for
such use than the number of such spaces necessary to accommodate
all vehicles:. attributable to such use under the normal and
reasonably foreseeable conditions of operation of such use; and
2. That the variance, under the conditions imposed, if any,
will not increase the demand and competition for parking spaces
upon the public streets in the immediate vicinity of the proposed
use; and
3. That the variance, under the conditions imposed, if any,
will not increase the demand and-competition for parking spaces
upon adjacent private property in the immediate vicinity of the
proposed use (which property is not expressly provided as parking
for such use under an agreement in compliance with Section
18.06.010.020 of the Anaheim Municipal Code); and
4._' That the variance, under the conditions imposed, if any,
will not increase traffic congestion within the off-street parking
areas or lots provided for such use; and
5. That the variance, 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.
- 2 -
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that, for the reasons hereinabove stated, --
Conditional Use Permit No. 2002-04590 be, and the same is hereby,
granted, in part, to permit live entertainment and dancing with on-
premisessale and consumption of alcoholic beverage in conjunction
with an existing restaurant but not permitting a dance hall with a
cover charge on the hereinabove described real property with a
waiver of the following provisions of the Anaheim Municipal Code:.
Sections 18.06.050.020.023.0232 - Minimum number of parking
18.06.080 spaces.
and 18.44.066.050. (100 spaces required;'43
.spaces proposed and
..concurred with by
the City Traffic: and,
Transportation Manager)
subject to the. following conditions:
1. Deleted.
2. That the landscape planters shall be permanently maintained:..
with live. and healthy .plants..
3. That any tree planted on?site. shall be replaced in a timely
manner in the event that it is removed,. damaged, diseased and/or
dies.
4. That the on-site landscaping and irrigation system shall be ,
maintained in compliance with City of Anaheim standards..
5. That all doors serving the restaurant shall conform to Uniform
Fire Code requirements and shall be kept closed at all times during
operation of the premises except i"`~'_" ingress/egress, deliveries and
emergencies.
6. That all existing and proposed roof-mounted equipment shall be
completely screened from view in all directions by properly.
designed and maintained design elements of the building. Said
information shall be specifically shown on plans submitted for
Zoning Division approval.-
7. That this establishment shall be operated as a 'bona fide
public eating place' as defined by Section 23038 of the California
Business and Professions Code.
6. 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 pool tables, vending machines or arcade
devices maintained upon the premises at any. time.
10. That the alcoholic beverage license shall not be exchanged for
a 'public premises' (bar) type license nor shall the establishment
- 3 -
be operated as a 'public premises' as defined in Section`23039 of
the California Business and Professions Code.
11. That the gross sales of alcoholic beverages shall not exceed
forty percent (40%) of gross sales of all retail sales during any
three (3) month period. The applicant shall maintain records on a
quarterly basis indicating the separate amounts of sales'of alcohol
and other items: These records shall be made available for
inspection by any City of Anaheim 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 the prior
issuance of proper permits as required by the Anaheim Municipal
Code; provided, however, that the proposed public dance hall use
with a cover charge is denied.
13. That the sale of alcoholic beverages for off-premises
consumption 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 alcoholic beverages.
15. That the activities occurring in conjunction<with the
operation of this establishment shall not cause noise disturbahce'
to surrounding properties. Structural modifications to the
existing building, where possible, .such as double-paned windows and
increased insulation shall be provided and shall comply with all
applicable standards of the City of Anaheim, including the Uniform
Building, Plumbing, .Electrical, Mechanical and Fire Codes as
adopted by the City of Anaheim..
16. That the parking lot serving the premises shall be equipped
with lighting of sufficient power to illuminate and make easily
discernible the appearance and conduct of all persons on or about
the parking lot. Said lighting shall be.directed, positioned and
shielded in such a manner so as not to unreasonably illuminate the
windows of nearby 'residences. Said information shall be-
specifically shown on plans submitted for Police Department,
Community Services Division, review and approval.
17. That the business operator shall comply with Section 24200.5
of the California 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.
18. That there shall be no public telephones on the premises
located outside the building.
19. That signage shall be limited to existing and approved signs;
and that temporary signs and other advertising devices shall not be
- 4 -
permitted except in connection with an -approved Special Event
Permit issued by the Planning Department. "`'
20. That no advertising or identification of any type shall be -
permitted on any outdoor furniture or equipment including
umbrellas, by illustration, by text or by any other means of bisual
communication.
- 21. That the property shall be permanently maintained in an
orderly fashion through the provision of regular landscaping
maintenance, removal of trash or debris, and removal of graffiti
within twenty four (24) hours from time of occurrence.
22. That four (4) foot high street address numbers shall be -
displayed on the flat area of the roof of the building in a
contrasting color to the roof material, provided that the numbers
shall not be visible to the street or adjacent properties.. Said
information shall be specifically shown on plans submitted for
Police Department, Community Services Division, review and
approval.
,.
23. That the trash storage area(s) 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..
24. That the legal owner of the subject property shall submit a
letter requesting termination of Conditional Use Permit No. 650 (to
permit the on-premises sales and consumption of beer and wine) and
Variance No. 819 (to erect and operate a motel) to the Zoning
Division.
25. That the hours of operation shall be limited to the following:
Thursday through Monday: 8:30 a.m'. to
Tuesday and Wednesday: 8:30 a.m. to
26. That the existing structure shall comply w
standards of the City of Anaheim, including the
Plumbing, Electrical, Mechanical and Fire Codes
City of Anaheim.
1:30 a.m.
11:00 p.m.
ith all applicable
Uniform Building,
-as adopted by the
27. That within a period of sixty`(60)'days from the date of this
resolution,. a complete set of building plans prepared by a licensed
architect or engineer for all the unpermitted structural
alterations shall be submitted for review and approval by the-
Building Division. Once said plans have been approved, building
permits shall be obtained for all unpermitted structures.
Modifications to comply with applicable requirements shall be
properly performed and thereafter inspected to assure compliance'
with approved plans.
28. That two (2) additional parking spaces shall be provided for a
total of forty three (43) on-site parking spaces. Said information
- 5 -
shall be specifically shown on plans submitted to the City Traffic
and Transportation Manager for review and approval. -
29. That at all times when entertainment or dancing is permitted,
security measures shall be provided to the satisfaction of the
Anaheim Police Department to deter unlawful conduct on the part of
employees or patrons, and promote the safe .and orderly assembly and
movement of persons and vehicles, and to prevent disturbance to the
neighborhood by excessive noise created by patrons entering or
leaving the premises....
30. That any and all security officers provided shall oomply with
all State and Local ordinances regulating their services,
including, without. limitation, Chapter 11.5 of Division 3 of the.
California Business and Profession Code (Section 4.16.070 Anaheim
Municigal,Code).
31. That. there shall be no admission fee or cover charge required
for patrons of the restaurant.
32. That a striped fire lane allowing for unobstructed access to
the multiple family residential complex to the south shall be
provided and maintained. to the satisfaction of the Public Works
Department, Traffic Engineering Division.... Said fire lane. shall be
specifically shown on plans submitted for Traffic Engineering,
Division .approval and shall be striped within sixty (60) days of
the adoption of this resolution.
33. That the block wall located on the south property line shall.
be increased to a minimum height of 8 feet and curb stops or poles
shall be installed adjacent to said wall and shall be specifically
shown on plans submitted for Traffic Engineering Division approval
and shall be installed within. sixty (00) Jaya of the adoption of
this resolution.
34. That the property owner shall pay the costs of any Code
Enforcement inspections from the date of this resolution, and as
often as necessary thereafter 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
znd local statutes, ordinances, laws or regulations;
35. That six (6) months from the date of this resolution,. this
request shall be reviewed by the Planning Commission as an
advertised "Report and Recommendation" item to determine compliance
with conditions of approval..
36. That subject property shall be developed substantially in,
accordance with plans and specifications submitted to the City of
Anaheim by the petitioner and which plans are on file with the.
Planning Department marked Exhibit Nos. 1, 2 and 3, and as
conditioned herein.
37. That within a period of sixty (60) days from the date of this
resolution, Condition Nos.. 5, 6, 15, 16, 22, 23, 24, 26, 27, 28,
- 6 -
29, 30, 32 and 33, above-mentioned, shall be complied with.
Extensions for further time to complete said conditions may be "'
granted in accordance with Section 18.03.090 of the Anaheim
Municipal Code.
38. That approval of this application constitutes approval of the
proposed request only to the extent that it complies with the
Anaheim Municipal Zoning Code and any other applicable City, State
and Federal regulations. Approval does not include any action or
findings as to compliance or approval of the request regarding any
other applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the City Council does hereby
find and determine that adoption of this Resolution is expressly
predicated upon applicant's compliance with each and all of the
conditions hereinabove set forth. Should any such conditions, or
any part thereof, be declared invalid or unenforceable by the final
judgment of any court of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed
null and void.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anah this 11th ay of February,
2003.
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
CITY CL RK F THE CITY OF ANAHEIM
98395.1
_ 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-20 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 11th day of February, 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
~~~ %~
I CLE OF HE CITY OF ANAHEIM
(SEAL)
ITEM N0. 2
ML ML
RCL 51-52-3 RCL 51-52-3
CUP 2746 CUP 4051
CUP 2409 CUP 2409
STORAGE U.S. SPRINT
ML
55.56-12
AL FIRMS
ML
SMALL
INDUSTRIAL
FIRMS
m m$
N m
U~ -dn' No U
Um Umo U
-J JN
~U
RSA-
43,9011
CUP584
CUP 244
CUP 4319
V-919 5
63-84.119)
MOTEL
65-56-12
CUP 2076 ~N
V~ STRIAE ~
ML
55-56-12
ML °
m
RCL55.56-12 ~
EQUIPMENT
m REMAL6 1
ML 3
5657-23
m ML -\ ML
s6sr-z3 Q' s6s]-z:
~¢ a CUP 3312 ~ CUP 3312
~~ e>
RCL]S]6~d1 0 ¢a ML O 5651 23
G
CUP 2131 m ~m ¢ J
gBANT
C
CUP 1924 q6 y
i
~
u $ ~ v
VAR 2618 tj+
j
ao a;
~ $
~ > Cc
B
1
0~ y o RCL 66-6741
F
C
. CU ~m VAR 7645 ypR 2848
-AGE ~~ O I VACANT
j~-130' -®~{® 455' --rat
LINCOLN AVENUE i
RCLC
P 75 3 CL
U
20024M590 a~ 56-57-39
UP
OS U ~
RS-A- RS-A- C
5fi VAR 2279 S
43,000 43,000 CUP 373
VAR 21915
CL w AUTO DEALER
V-259 ' V-819
V-619
CUP 3111 ~
REST. MOTEL RESL VACANT
CL
56-57-39
CUP 3968
CUP 1071
VAR 2066 5
AUTO DEALER
RM-1200
RCL 87438-22 RM-1200
68-69.3 APTS.
CUP 2956
CUP 662
CUP 526
Conditional Use Permit No. 2003-04688
CL
' 56-57.39
CUP 1447
AUTO
DEALER
!L
LLI
In
J
U
W
Subject Property
Date: May 19, 2003
Scale: 1" = 200'
Requested By: EMMETT S. ROACH Q.S. No. 46
REQUEST TO PERMIT AND RETAIN A CHURCH IN AN EXISTING BUILDING
WITH WAIVER OF MINIMUM NUMBER OF PARKNG SPACES-
1751 West Lincoln Avenue
L
L
CH
58-57-27
VAR 2443
VACANT
s7s
ML
RCL 51-52-3
U.S. POST
OFFICE
N J
a
ML ML
Je<~~
~~~ N ~
54-55-14 54-55-14
V-139
NULL CG CUP 642 IND. FIRMS
U ? CUP 2003-04666 INDUSTRIAL
~ RCL 61-62-112 CENTER
(54-b539 A n RCL 6~4--6562
55-58-0
ML j¢m
RS-A-03,000 5657-23 cya
CUP 161 N
I CUP 2003-04666 oLL
Staff Report to the i
Planning. Commission
June 2, 2003
Item No: 2
2a. CEQA NEGATIVE DECLARATION (Motion)
2b.' `WAIVER OF CODEREQUIREMENT` (Motion)
2c.' 'CONDITIONAL USE PERMIT NOi'2003-04688 (Resolution)
SITE LOCATION'AND DESCRIPTION:
(1) "This irregularly-shaped, 1.0-acre property has a frontage of 130 feet on the north side of
Lincoln Avenue, a maximum depth of 290 feet, and is located 455 feet west of the centerline of
Euclid Way (1751 West Lincoln Avenue):;
REQUEST:
(2) The petitioner requests approval of a conditional usa permit under authority of Code Sections
`18.21.050:110 and'18.45:050:1$0 to permit and retain a church in an existing building with
waiver of the following:
'(a) SECTION NOS. `18.06.050.0266 - Minimum number of parking spaces.
18.21.0661010 AND 18:45:066.050 254 spacesirequired; 111 L on-site, 87
bff-site] proposed and recommended by
the City Traffic and Transportation
Manager).
BACKGROUND:-
(3) This item was continued from the May 19; 2003, Planning Commission meeting in order for
the petitioner to revise plans.
(4) This property is developed with a 16,106 square foot industrial building and is zoned CG
(Commercial, General) and RS-A-43,000 (Residential/Agricultural). This:property is ocated
within the Piaza Retlevelopment Project Area and the Anaheim General Plan LandUse
Element Map designates thi5propertyfor General Commercialland uses.
(5) Surrounding land uses are as follows:
Direction !Land Use Zoning General Plan
Designation
North Small Industrial Firms ML < Generatlndustrial
nmercial
(rcial
Tonal
nmercial
;Page 1
Staff Report to the
Planning Commission
June 2, 2003
Item No. 2
PROPOSAL:.
(6) The petitioner proposes to permit and retain a 9,983 square foot church within a portion of
an existing 16,106 square foot industrial building. The site plan (Exhibit No. 1) indicates the
church occupies a portion of a 16;106 square foot building. A parking plan; (Exhibit No: 2)
for the church was submitted showing both on=site and off-site parking on lots'located :
adjacent to and north and`of this building. No exterior modifications to the existing building
are proposed.:
(7) The floor plat( (Exhibik No: 3) indicates an 8,569 square foot assembly area, 3 offices, 2 ,
restrooms and a closeffor a total of9,963 square feet.
(8) Vehicular access to the property is provided via two existing driveways on Linccln Avenue.
A total of 24 parking spaces are proposed on-site and 87 parking spaces are'proposed
off-site on adjacent properties. Code requires 254 parking spaces based on'the following:
Use ' Square;Feet
s ft. Code Required,
Parkin` Ratio i Parking
Re wired
Assembl 8,569: s . ft. 29/1000 s . ft. - 248.5
'Offices': 1,414 s . ft. rc 4/1000 s . ft. 5:7
Total 9,983 s . ft. 254.2
Staff Report to the
Planning Commission
June 2j 2003
Item No. 2
(10) The petitioner indicates that signage would be limited to iwo (2) existing Code-conforming
wall signs located on the southsnd east building elevations and an existing 25-foot high
nonconforming pole sign adjacent to Lincoln Avenue: The petitioner has indicated that
religious icons (crosses) are not proposed to be placed on the'building.' No other signs are
' proposed' in connection with this request.
(11) 'The petitioner has submitted a letter of operation dated March;l7, 2003, indicating he
`following. hours of operation:
Tuesday 7 p.m. - 10 p.m. Prayer and Bible Study
Saturday 7 p.m. - 10 p.m. Evangelistic Service
Sunday:: 8:30 a.m. - 1; p.m. 'Sunday School
ti'p.m. - 10 p:m. Evangelistic Service
Additionally, the petitioner has verbally indicated thatthe church has entered into a 3-year
rlease for he building: with the;potential to'renew for,an additional 7 years.::
ENVIRONMENTAL IMPACT ANALYSIS:
(12) Staff has reviewed the proposal. to permiFand retsina church in an existing industrial
'building and the Initial Study (a copy of which is available for review in the Planning=
Department) and finds no significant envi~onmentafimpact and, therefore, recommends
shat a Negative Declaration be'approved upon a finding by the Planning .Commission that
the Negative Declaration reflects the independent judgment of he lead agency; and that it
s has consitlered the proposed Negative Declaration,togetherwith any comments received
rduring the`public review process and further finding`on the basis of the Initial Study'and any
commehts received hat thereis no substantial evidence that the project will have a
significant effect on the environment.
GROWTH MANAGEMENT ELEMENT'ANALYSIS:
(13) The proposed project has beed reviewed by affected City departments to determine
whetheriFconformswlth 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:
(14) .Churches are permitted within CG and RS-A-43,000 zones sutiject to the approval of a
:'conditional use permit.
(15) The requested waiver pertains to minimum number of parking spaces. Code requires a
minimum of 254 parking spaces for the church as described in paragraph no. (9) of this
;.report and 24 spaces are proposed on site with an additional ti7 parking. spaces provided
on adjacent properties. The petitioner has secured four parking agreements with tenants
aocated aE1745, 1747, 1771 West Lincoln: Avenue and 1307 North Euclid Way for use of
!`designated spaces during church peak demand periods. Additionally, the petitioner has
indicated'that several parishioners utilizes van service provided by the church which
Page 3
Staff ReporEto the
Planning Commission
June 2, 2003
Item No. 2
furfher,reduces the parking requirement. Staff has added a condition of approval that
requires reciprocal parking agreements with'those properties providing parking for use by
the: church. It should be noted that three of the four. properties prdviding additional parking
are'held under a single ownership::.
(16) The petitloner has submitted a parking study dated March 14, 2003, prepared by Daniel
Benson & Associates for the church. The. City Traffic and Transportation Manager has'
reviewed this'study andhas determined thatthe parking supply would be adequate for the
church provided that the remaining portion of the building is not utilized forchurch activity,
The study further identifies the following findings to substantiate the requested parking)
waiver:
(a); "That the variance, under the conditions imposed, if any will not cause feweroff-
street parking spaces tc 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 foreseeable conditions of operation of such use;
conservatively, only 71 of the 115 spaces will: be occupied at the peak hour, and
(b)' That the variance, under the conditions imposed, if any,' will not increase the
demand and competitido for parking spaces upon the public streets in the
immediate vicinity of theproposed'use; only'ebout 62 percent of the marked'and
unmarked but available' paces will be filled;:and
(c) ` That the variance, under the conditions imposed, if any,',will not increase the
demand and competition for parking spaces .upon adjacent private property. in the
immediate vicinity of the propose use (which'property is;not expressly provided
as parking for such use under an agreement: in compliance with Section
18[06.010.020 of this Code); again, only about 71 of the 115 spaces will be filled,
while adjacent tenants have agreed to churcfi use of their spaces;`. and
(d) i That the variance, under the conditions imposed, if any,'will not increase traffic
congestion within the off-street parking areasor lots provided for'such use
anticipated traffic will peak after the street rush hour and will be well under the
lot's capacity;'and
(e) ( That the variance, under the conditions imposed, if any; will not impede vehicular
ingress to or'egress from adjacentproperties upon the`public streets in the
immediate vicinity of the,proposed use; the wo-wide driveways are adequate."
(17) The Commission may wish to note that the petitioner has stated that only accessory
Sunday school activitieswould occur at the site and no private scfiool is proposed. Staff
would not support a typical private school for'children et this location. Should Commission
wish to approve this request, stafffias added a condition of approval specifically prohibiting
a private school for children at this'location. '
(18) This propertyis located within the Plaza Redevelopment Project Area. Although there are
no current redevelopment plans, the potential does exist that this site may eventually ;
become part of an area-wide redevelopmenteffort. Staff supports the project with a time
limitation to reflect the term of the 3-year lease.
Page 4
Staff Report to the
Planning Commission
June 2, 2003
Item No. 2
FINDINGS:
(19) Section 18.06.080`of the parking ordinance sets forth the following findings which are
c required to be made before the parking waivers are approvetl by the Planning Commission:
' (a) That the waiver, under the conditions imposed, if any, will not cause fewer'off-street
parking spaces to be'provided for such use than the number of such spaces
Necessary to accommodate alf vehicles attributable to such use under thehormal
and reasonably foreseeable conditions of`operation of such use; and
(b) That the waiver, under the conditions imposed, if any; will not increase the demand
and competition for parking spaces upon`tfie public streets in the immediate vicinity:':
`of the proposed use; and
(c) That the waiver, under the conditions imposed, if any; will not increase the demand s'
`and competition for parking spaces upon adjacent private property in the tmmediate:
vicinity of the proposed use (which property is not expressly provided as parking for
such use under an agreement in compliance with Section 18.06.010.020 of this
Code); and
(d) That the waiver, under the conditions imposed, if any, will not increase traffic
congestionwithin theioff-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 df the proposed use.
Unless conditions to the contrary are expressly imposed upon the granting of any
waiver pursuant to this Section y the Zoning Administrator, Hearing Officer,
Planning. Commission or City Council, the granting of any such waiver sfiall be
'deemed contingent upon operation of such use in conformance with the
"assumptions relatingto the operation and intensity of the use as contained in the
!parking demand study that formed the basis for approval of said variance:
Exceeding; violating,jintensifying or otherwise deviating from any of said
'assumptions as contained in the parking demand study shall be deemed'a violation
of the express conditions imposed upon said waiver which shall subject said waives
to termination or modification pursuant to he provisions of Sections 18.03.091 and
18.03.092'of this Code.
(20) Before the Planning Commission grants any conditional use permit, it must make a finding
of facf at the evidence presented shows thatall of the following conditions exist:
(a) That the proposed use is properly one forwhich a conditional use permit is
'authorized by the Zoning Code, or that said use is not listed therein as being a
permitted ase;
(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;::
Page 5
Staff Report to the
Planning Commissiott
June 2, 2003
Item No. 2
(c) That the size and shape of the site for the proposed use is adequate to allow the full
development of3he 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 oy the proposed use will not impose an undue burden
- upon'the streets and highways designed and improved to'carry the traffic in the
area;: end
(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 Anafteim.
RECOMMENDATION:
(21) Staff recommends that, unless additional or contrary information'is received during the
meeting, antl based upon the evidence submitted to the Commission, including the
evidence presented in his staff report, and oral and written evidence presented at the'.
public hearing, the Commission take the following actions:
(a) By motion, aoorove a CEQA Negative Declaration.
(b) By motion, approve the waiver pertaining to the minimum number of parking spaces
based on the findings of the parking tudy and. the recommendation for approval by
the City Traffic and Transportation Manager as' identified in paragraph nos. (15) and
(16) of this report.
(c) By resolution, aoorove Conditional Use Permit No. 2003-04688 (to permit and retain
a church in an existing building) for a period of three (3) years to expire on June 2,
2006,'.. based on the following:
(i) That a church is an authorized use in the CG and RS-A-43,000 Zones,
subjecCto the approval of a conditional use permit.?
(ii) That the proposed operation of a church'does not adversely affect the
adjoining land uses, because the church conducts ervices at hours that are
complementary tosurrounding businesses; and that no private school'is
existing'or proposed.
(fii) That the'size and shape of the site for the church is adequate to allow the full
development of the`proposed use in a manner noE detrimental to the
particular area nor to the peace, health, afety, and general welfare.
(iv) That based on the approved parking study, the traffic generated by the
proposed use would not impose an undue burden upon the streets and
highways designedend improved to carry traffic in the aree because tfte
church would operate during off-peak times and will use surrounding ?
properties to provide additional parking.
Page 6
Staff Report to the'
Planning: Commission
June 2 2003
Item No 2
(v) Thaf the granting of the conditional use permit under the conditions imposed, :
if any, would not be detrimental to the peace, fiealth, safety and general
welfare of the citizens of the City of Anaheim.
':THE FOLLOWING CONDITIONS ARE SUBMITTEt] BY VARIOUS CITY DEPARTMENTS ACTING
' AS'AN INTERDEPARTMENTAL COMMITTEE AND ARE.RECOMMENDED FOR ADOPTION BY
THE PLANNING! COMMISSION IN THE EVENT THAT CONDITIONAL' USE<PERMIT NO 2003-04668 '1
IS'APPROVED.
i i. Thaf this use shall expire on June 2,2006.
2. Thafa minimum of 24 on-site and 87 off-site parking spaces for a total of 111 spaces shall be
provided and maintainedat all times:
3. Thaf only 9,983. square feet of the 16,106 square foot building shall be utilized for the church.
4. Thaf the legal owner of subject property shall prepare an unsubordinated covenant providing
reciprocal parking for the church on adjacent properties. ,Said covenant shalt be reviewetl and
approved by the City Traffic and Transportation Manager and Zoning Division and in a form
satisfactory to the City Attorney. Said covenant shall be recorded in the Office bf the Orange
County Recorder. A copy of the recorded covenant shallbe submitted to theZoning Division.
5. Thafthe hours of operation for the church shall be limited to the following as stipulated in the
petitioner's letter of operation:
Tuesday 7 p.m. - 10 p.m. Prayer antl Bible Study
Saturday T p.m. - 10p.m. Evangelistic Service
Sunday `8'30 a.m. -;1 p.m. `Sunday School
6 p.m. -10 p.m. Evangelistic Service
6. Thatno portable signage shall be utilized to advertise the'church.
7. That the only accessory school activity shall be Sunday school and this facility hall not be used
as a private daycare, nursery, elementary, junior and/or senior higfi'school.
' 8. Thafno required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
9. Thaf the property shall be'permanently maintained in an orderly fashion by providing regular
landscape maintenance, removal of trash or debris, and'removal ofgraffiti within twenty-four (24)
hours from time of occurrence.
110. Thati4-foot high address numbers shall be displayed on the roof in a contrasting color to the roof
material. The'numbers`shall not be visible from the view of the street or adjacent and nearby
properties. Said information shall tie specifically shown on plans submitted for Police
Department; Community Services Division approval.
r 11. That subject property shall be maintained substantially in accordance with plans and
specifications submitted to the Cityof Anaheim by the petitioner and which plans are on file with
the Planning Departmentmarked Exhibit Nos;' 1, 2 and Sand as conditioned herein.
Page 7
Staff Report to the
Planning Commission
June 2, 2003'
Item No. 2
12. That within sixty (60) days from: the date of this resolution, Condition Nos. 4, 10 and' 11, above-
mentioned, shall be complied with. Extensions for further time o complete said conditions may
be granted in accordance with:Section 18103.090 of he Anafteim Municipal Code.
13. :That approval of this application constitutes approval of the proposed request only to the extent
Ghat it complies with the Anaheim Municipal Zoning Code and any other applicable City, Stateand
'Federal regulations. Approval does not include any. action or findings as to compliance or
approval of the request regarding any other applicable ordinance, regulation or requirement.
Page 8
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Conditional Use Permit No. 2002-04516 ' ` ~ Subject Property
TRACKING NO. CUP2003-04698 Date: June 2, 2003
Scale: Graphic
Requested By: VANGUARD HEALTH SYSTEMS Q.S. No. 9
REQUEST TO AMEND CONDITIONS OF APPROVAL AND REVISE EXHIBITS FOR A
PREVIOUSLY-APPROVED EMERGENCY ROOM EXPANSION, PORTE COCHERE AND
PARKING LOT RECONFIGURATION OF AN EXISTING HOSPITAL WITH WAIVER OF
MINIMUM NUMBER OF PARKING SPACES.
3033 West Orange Avenue -West Anaheim Medical Center lot{zoos-s-~s)
Staff Report to the
Planning Commission
June 2,:2003
Item No. 3
3a. CEQA NEGATIVEbECLARATION YPREVIOUSLY-APPROVED) (Motion)
3b. WAIVER:OFCODE'REOUIREMENT (Motion)
3c. ! 1 CONDITIONALeUSE PERMIT N0. 2002-04516 ': (Resolution)
(TRACKING NO. CUP2003-04698)
SITE LOCATIONAND DESCRIPTIONS
(1) This irregularly-shaped, 11.2-acre property,is located et the northwest comer of Orange
`Avenue and Beach Boulevard,. fiaving frontages'of 945 feet onShe north'side of Orange
Avenue and 145 feeton the west side of Beach Boulevard (3033 West Orange Avenue-
WestAnaheim Medical Center)..:
* The Commission may'wish to note that the above referenced property is the /ocationbf fhe
proposed emergency room expansion. Tfie West Anaheim Medical Center complexincludes
addftional parcels south of Orange Avenueas indicated on the location map.
r REQUEST:
(2) The petitioner requests to amend conditions of approval and revise exhibits fora previously-
;approved'emergency room expansion, ports cochere and parking lot reconfiguration of an
existing hospital with waiverbf the following:
(a) SECTION NOS.. 18.06.050.0211 Minimum number of garkinq
18.06.050.0269:'18:41'.066.050 spaces• 1394'`spacesrequired;
and 18:44.066:050 1302 spaces proposed and
recommended. by the Traffic and
Transportatioh Manager).;
BACKGROUND:
(3) This property is currently developed with West Anaheim Medical Center, aone-story 219-
bed hospital with a tfiree story tower, three medical offiice buildings, and a parking structure
and is zoned CO (Commercial, Office and Professional) and CL (Commereial, Limited).
The property is located within the West Anaheim Commercial Corridors Redevelopment
Project Area and is designated`on the Ahaheim General Plan Land Use Element Map for
'.Commercial Professional Land Uses.
(4) 'Surrounding land uses are as follows:
Direction °Land Use Zoning General Plan
Desi nation
North Mobile home park, RS-A-43,000' Low-Medium and Medium
pharmacy and senior and Density Residential and>
? citizen's"a artments CL Commercial Professional:!.
East (across aeach "Commercial retail center CL General Commercial
Boulevard) and'motels
:South {across Single-Family RS-5000 ; Low-Metlium and Medium
orange Avenue) Residences Density.Residential and
and Medical Offices Commercial Professional'
West Convalescent Hospital RS-A- Commerciale
and Single-Family. 43;000(MHP)r Professiona[
Residence
sr8607av
Page 1
Staff Report to the
Planning Commission
June 2, 2003
Item No. 3
(5) Conditional Use Permit No. 2002-04516 (to expand an existing emergency room, add a new
ambulance Porte cochere, and reconfigure the parking lot for an existing hospital) was
approved by the Planning Commission on March 25, 2002. Resolution No. PC2002-46;
approved in conjunction with Conditional Use Permit No 2002-04516, contains the following
conditions of approval:
_ "8, That hospital security shall be provided to monitor the new. parking lot (Parking. Lot
C} on a regular basis to prevent loitering or disturbances to neighboring residences,
25. That the parking stalls located directly east of the emergency room shall be labeled
"for emergency patients ably"; that. parking lot "C" located on the south side of
Orange Avenue shall be designated for employees only; and that this information
shallbe specified on the plans submitted for building permits.
26E That the subject properly shall be developed substantiallyin accordance with plans
and: specifications submitted to the: City of Anaheim by the petitioner and whicfi`
plans: are on file with the Planning Department marked Exhibit Nos. <1, 2, 3, 4 5, 6,
7 and 8, as conditioned herein
DISCUSSION:
(6) The petitioner. is proposing to amend previously-approved exhibits`and conditions of
approval fora..previously-approvetl`emergency room expansion, Porte cochere and parking
lot reconfiguration of an existing hospital.
(7) The revised site plan (Revision NoS 1 of Exhibit No. 2) is identical to the originally approved
site plan with!the exception of the deletion of the previously proposed new parking lot on the
south side of Orange Avenue. Tfte petitioner has indicated that financial constraints have
prevented the development of a new parking lot.
(8) Vehicular access to thisproperty is provided by two (2) existing driveways on Beach
Boulevard, and three (3) existing driveways on the north side of Orange Avenue. Site plans
indicate a total of 1302 on-site parking spaces (includes parking on both sides of Orange
Avenue). The proposed deletion of the new parking lot would result in a lossof 104 spaces.
Code requires 1394 spaces for this medical complex based on the following;
Jse
Area Code-Required
Parkin Ratio Number of Spaces
Re aired
Medical' Offices x105,432 s.f. 6/1,000 s.f.t 633
'Has ital Rooms !219 beds 1/has ital tied 219
Hospital (remalnfng area not
iinGudtng beds)
90,336 s.f.
6/1000 s.f. '
542
'.TOTAL 1394 s aces
(9) Access for emergency vehicles leading to the Porte cochere is provided by the easterly
driveway on Beach Boulevard. Emergency vehicles would proceedthrough the parkinglot
on the east side of the emergency room and then south into the Porte cochere. The vehicles,'
would then exit out onto Orange Avenue. The'City Traffic and Transportation Manager has
reviewed and approved these parking and circulation modifications.' The loss'of the
additional parking lot would not effect the circulation of emergency vehicles.
(10) The requested waiver pertains to minimum number of parking spaces and is a result of the
loss of the additional parking lot. The petitioner has submitted a traffic and parking study
prepared by Kimley-Ham and Associates, Inc: dated February 24( 2003, which has been'.
Page 2 +
Staff Report to the
Plannthg Commission
June 2,2003
'`Item Na3
'reviewed and approved by the City Trafficand Transportation Manager. The petitioner has
submitted the following findings to further support the requester) waiver:
"(a) The variance will not cause fewer off street parking spaces to be provided'for such
use other than the number of such spacesnecessary oaccommodate all'vehicles
`attributable to such use under the normal and reasonable foreseeable conditions of
- :operation of such user:.
The resultsbf the parking observations indicate that the peak parking demand for
the WAMC`facility is 659 parking spaces. This peak parking demand occurred on
Monday, January 28 [2003] at 9:00 a.m. The parking observatiohs indicated a
lesser demand on the two previous weekdays that were observed. The proposed
parking supply of 1,302 spaces would accommodate the peak parking demand with ,
a surplus ofat least 643 parking'spaces.
(b) The variance will not increase the demand for parking spaces upon adjacent private
property in the immediate vicinity: of the proposed use (which property is not
expressly provided as parking for such use'under an agreement. in compliance with
Section 18.06.010A20 of this Code).
The results of the parking observations indicate that the peak parking demand for
the WAMC facility would be accommodated completely on-site with the proposed
parking supply of 1,302 spaces. !Thus there would be; no demand created for on-
istreet parking in the vicinity of the WAMC. (On-street parking is hot allowed on
Beach Boulevard or West Orange Avenue.)
(c) The variance will not increase the demand for parking paces upon adjacent
private property in the immediatevicinity of the proposed use (which property is not
expressly provided as parking for such use under an`agreemenfn compliance with
!Section 18:06.010.020 of this Code),
The results of the parking observations indicate that the WAMC would not require
`ah off-siteparking supply. Theproposed on-site parking supply of 1,302 parking
paces would accommodate thepeak parking demand (659 parking spaces) of the '
WAMC.
(d) The variance will not increase traffic congestion within the off-street parking areas
or lots provided for such use.
The results of the parking observations indicate that, at all times during the peak
operating 60-minute periods, theproposedbn-site parking supplywould
accommodate the parking demand of 659 parking spaces with a surplus of at least
843 parking'spaces. The on-site'parking supply and internal circulation proposed
on-site would accommodate the parking demand for the WAMC'without increasing
ihtemal congestion.
(e) The variance will not impede vehicular ingress to or egress from' adjacent
properties`upon the public streets in the immediate vicinity of the proposed use.
The results of the parking observations indicate that the parking' demand bf the
WAMC would be accommodated entirely on-site with a surplus'of 643 parking
Page 3
Staff Report to the
Plahning Commission
June 2, 2003
Item No. 3
spaces. Thus, WAMC traffic would not impedeiingress to or egress' from adjacent
properties.
In view of these findings, it is concluded that a parking waiver is supported by the results of
tfteparking demand observations
ENVIRONMENTAL IMPACT ANALYSIS:
(11) Staff has reviewed the proposal to modify previously-approved exhibits and amend
conditions of approval and finds no significant'adverse environmental impacts resulting from
any changes to the existing project. ;Therefore, staff recommends that the previously- t
approved Negative Declaration in connection with Condjtional Use`Permit No 2002-04516
serve as the required environmental documentation for this request upon a finding by tfie
Commission that the Negative Declaration reflects the independentjudgment of the lead
agency and that it has considered the Negative Declaration together with any comments
received during the public review process and further finding on the basis of the Initial Study
(a copy of which is available for review in the Planning Departmentf and any comments:'
received that there is no substantial'evidence that the project will have a significant effect on
the environment.
GROWTH MANAGEMENT ELEMENT ANALYSIS:
(12) The`proposed project has been reviewed by affected City departments to determine
whether it conforms with`the City's Growth Management Element adopted by he City
Council on March 17, 1992. Based`on City staff review of the proposed project, it has been
determined that this project dyes not fit withirtthe scope'necessary,to require a Growth
Manegement Element analysis, therefore, no'analysis has been performed.
FINDINGS:
(13) Section 18.06.080 of the parking ordinance sets forth the following findings which are required
to be made before a parking waiver isapproved by the Commission:
(a) r That the waiver, under the conditions imposed, 'rf any, will not cause fewer off-street
r parking'spaces to be provided for such'use than the numberof such spaces
necessary to accommodate all vehicles attributable to suchvse under the normal and
reasonably foreseeable conditions of operation of such use'and
(b) That the waiver, under the conditions imposed, if any, will not increase the demand
and competition for parking spaces upon the public streets in the immediate vicinity of
the proposed use; and
(c) That the waiver, under the conditions imposed, if any, will not increase the demand
and competition for`parking spaces upon adjacent private property in the immediate
vicinity of he proposed use; and
(d) That the waiver, under the conditions imposed, if any, will notincreasetraffic
congestion within the off-street parking areas or lots provided for sucfi 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.
Page 4
'Staff Report to the
Planning Commission
June 2, 2003
`Item No; 3
Unless conditions to the contrary are expressly Imposed upon the granting of any waiver
pursuant o this Section by the PlanningCommission ar Gity Council, the granting of any
!such waiver shall be deemed contingenfupon 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, intensitying'or otherwise deviating from any of said assumptions as contained in
the parking demand study shall be deemed a violation of the express conditions imposed
:.upon said waiver which shall subject said waiver to termination`or modification pursuant to
the provisions of Sections 18.03.091 and 18.03.092of this Code.
(14) Before the Commission. grants any conditional use permit, it must make a finding of fact that
'the evidencepresented shows that all of the following conditionsexist:
(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 thereirc as being a permitted use;
(ti) That the proposed use wilt not adversely affect the adjoining land uses and the growth
and'development of the area in which it is proposed to be'located; ';
(c) That the size and shape of the site for the proposed use is adequate to allow the full
development of the proposed use ina 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: designetl and improved to carry the traffic fn 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.
(15} ;,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:
.010 That the approval was obtained by fraud;
.020 That the use for which such approval is granted is not being exercised within the
time specified in such permit;
.030 That the use for which such approval was granted has'ceased to exist or has been
suspended or inoperative for any;reason for a period of six (6) consecutive months
or more;
.040 That the permit 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;
.050 Tftat the use for which the approval was granted has been so exercised as to be
detrimental to the public health oCSafety, or so as to constitute a nuisance;
.055 That the use for which the approval was granted has not been exercised, and that
based upon additional jnformation 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 fortfi in this chapter no longer exist and/or
Page 5
Staff Report to the
Planning Commission
June 2, 2003'.
Item No. 3
.060 That any such modification, including the imposition of any additional' conditions
thereto, is reasonably necessary to'protect the public peace, health,;safety or
general welfare,: or necessary to permit reasonable operation under,the conditional
usepermit as granted.
'::RECOMMENDATION:
(16) Staff recommends that, unless additional or contrary testimony 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, that he Commission take'the following actions;.
(a) By motion, determine that the previously approved CEOP, Negative Declaration is
adequate to serve: as the appropriate environmental documentation for his request.
(b) ; By motion, a rove the requested waiver pertaining to minimum number of required
parking paces based upon: the conclusions contained in the submitted parking study
as approved by the City Traffic and Transportation Manager'and as described in
paragraph no. (t0) of this report; and that the waiver would not cause ewer off-street
parking: spaces to be providetl for this use than the number'of spaces necessary to
r accommodate allvehicles. Further, this use would not increase traftio congestion
within the off-street parking areas or lots provided for such use or impede vehicular
ingress to or egress from adjacent properties, or upon the public streets in the
immediate vicinity,'
(c) By resolution, a rove, the request to amend previously-approved exhibits (Revision
No. 1 of F~chibit No. 2) and conditions of approval'pertaining o apreviously-approved
emergency room expansion, Porte cocFiere and parking lot reconfiguration of an
existing hospital based on the following:
(i) That this use is properly one for which a conditional use permit is authorized
by theZoning Cade'in the CL'and CO Zones.
(ii) That as conditioned herein, the proposed modifications to the: hospital
expansion and new; Porte cochere would not adversely affect he adjoining
land uses and the growth and development of the area based on the
findings of the parking study and that the expansion is concentrated on the
existing hospital campus.
(iii) That the proposed modifications are reasonably necessary to permit the
z reasonable operation of the emergencyroom expansion.
(d) Staff further recommends that should the Commission wish to approve this request,
'' that Resolution No. PC2002-46, be amended in its entirety to be replaced by a new
resolution with the following conditions of approval (Condition Nos. 24 and 25 are
new conditions):
1. That ail trash generated from this facility shall be properly contained in trash bins
contained within approved trash enclosures. The numtier of bins'shall be
adequate and the trash pick-up shall be as frequent as necessary to ensure the
sanitary handling and timely removal of refuse from the property. 'The Code
Enforcement Division of the Planning Department shall determine the need for
additional bins or additional pick-up. Ail costs for increasing the Number of bins or
'frequency of pick-up shall be paid for by the hospital
Page 6
Staff Report to the
Planning Commission
June 2,2003
item No:3
2. That the Jegal property ownershall provide the City of Anaheim with a public
utilities easement to be determined as electrical design is completed.
3. That any required relocation of City elecVical facilities shall beat the developer's
expense! Landscape and/or hardscape creening'of all padmounted equipment
shall be;required and shall be shown as' plans submitted for City review.
4. - That trash storage area(s) shall be provided and maintained in location(s)
acceptable to the Public Works Department and in accordance with approved
plans on file with said Department. Said' information shall be shown on the plans
submitted for building permits.
5. That a plan sheet for solid waste storage, collection and a plan for recycling shall
be submitted to the Public Works Departrnent for review and`approval.
6. ' That an on-stte trash truck turnaround shall be provided in compliance with
Engineering Standard Detail. No. 610, as, required$y the Department ofPublic
Works, Street Sweeping and Sanitationbivision. Said information shallbe
specifically shown: on the plans submitted for building permits:>
7. That plans shall be submitted to the City Traffic and Transportation Manager for
r review and approval showing: conformance with the current versions of
Engineering Standard PlanNos. 436 and 6011602pertaining to parking standards
and driveway locations. Subject property shall thereupon be tleveloped and
maintained in conformance with said plans. Said information shall be specifically
shown oh the plans submitted for building permits.
8. That the developeCshall submit a geotechnical report that meets the
requirements fora"Screening Investigation for Liquefaction Potential" as
identified in DMG special publication 17 "Guidelines for Evaluating and Mitigating
Seismic. Hazards in California." The developer may submit a copy of the
geotechnical report approved',by the State of California for the hospital expansion
to comply with this requirement.
9. That the developer hall submit a Water Quality Management Plan ("WQMP") to
' the Putilic Works Department, Development Services Division, for review and
approval. specifically identifying the best management practices that will be used
on-site to control predictable pollutants from storm`water runoff.
10 That lighting fixtures in any proposed parking area located adjacent to any
residential properly shall bedown-lighted with a maximum height of twelve (12)
feet. Said lighting fixtures sfiail be decorative and shall be directed away from
adjacent residential propertyhnes to protect the residential integrity of the area;
and that is information shallbe specified on the plans submitted for building
permits:
11 That four (4) foot high street address numbers shall be displayed on the roof of
the building in a contrasting color to the roof material. The numbers shall not be i
visible to the adjacent streets or properties. Said information shall be specifically
shown on the plans submitted for building permits.?
Page 7
Staff Report to the
Planning Commission
June 2, 2003
Item No. 3
12. That any existing or proposed roof-mounted'equipmenf shall be subject to the
screening requirements of Anaheim Municipal Code Section Nos. 18.44.030:120
and 18.411030.090 pertaining to the CO and CL Zones.: Said information shall be
specifically shown on the plans submitted for building permits.
13. That no required parking area shall be fenced or otherwise enclosed for outdoor
storage use.
14. That the property shall be perranently maintained in an orderly fashion through
the provision of regular landscaping maintenance, removal of trash or debris and
removal of graffiti within twenty four (24) hours from time of occurrence.
15. That the parking lot serving the premises shall be equipped with lighting of
sufficient power to illuminate and make easily discemabie the appearance and
conduct of all personson or about a parking lot. Said lighting shall be directed,
positioned and shielded in such a manner sous not to unreasonably illuminate
any off-site windows.: Said information shalt be spec~cally shown on plans
submitted for Police Department, Community Services tivision approval.
16. That a final landscaping and irrigation plan for subject properly showing plant:.
type, size and location'(ncluding minimum twenty four: (24) inch box sized trees)
shall be submitted to the Zoning Division for review and approval. `Any decision
made by the Zoning Division regarding said plan may be appealed to the Planning
Commission and/or City Council
17. That any tree planted on-site shall'be replaced in a timely manner in the event
that it is removed, damaged, diseased and/or dies.
18. That the lanoscape planters shall be permanently maintained with live and healthy
plants.
19. Tftat because this project has a landscaping area exceeding two thousand Five
hundred (2,500) square feet, a separate irrigation meter shall be installed in
compliance with Ordinance No. 5349 (Chapter 10.19 "Landscape. Water
Efficiency' of the Anaheim Municipal Code) regarding water conservation. Said
information shall be spec~cally shown on the'plans submitted for building
permits.
20. That all requests for new water services or fire lines, as well as any modifications,
relocations; or abandonment of existing water services'and fire lines, shall be
coordinated through the Water Engineeringbivision of the Anaheim Public
'Utilities Department.
21. That no exterior vending machines which would be visible off-site shall be
permitted.
22. That signage for subject facility shall be limited to that shown on the exhibits
submitted by the petitioner, and approved bythe Planning Commission. Said'
information"shall be specifically shown on theplans submitted for building
permits. Any additional'signs shalt be subject to review and approval by the
Planning Commissionas a "Reports and Recommendations" item:'
Page 8
'`Staff Report to the
'Planning .Commission
June 2;2003
Item No 3
23: That the owner of subject property shall submit a letter to theZoning Division
requesfing termination of Contlitional Use Permit No. 3591 (to permit a mobile
medical PMRI" trailet with waiver of min(mum number of parking spaces).,
24? That the parking stalls located directly east of the emergency room shall be
labeled:"for emergency patients only"; and that his information shall be
specified on the plans submitted for building permits.
25.' That the subject property shall be developed substantially in accordance
with plans and specifications submitted to the City of Anaheim by the
petktioner and which plans are on file with the Planning Department marked
ExhibitNos. 7, 2 (Revision No. 7), 3, 4 5, 6, and'7, as conditioned herein.
26. That within a period of three (3) months from the date of this resolution, the
petitioner shall pay the TrafficSignal Assessment Fee and the. City-wide Traffic
and Trensportationlmprovement Fee, as required'tiy the Public Works
Department.
27 That prior to issuance of a building permit by any agency, or within a period of one
(1) year from the date of this resolution, whichever occurs first,: Condition Nos. 2,
3, 4, 5; 6, T, 8, 9, 10, 11, 12,:15, 16, 19,20, 23, 24 and 25, atiove-mentioned,
C shall be complied with. F~ctensions for further time to complete said conditions
may be granted in accordance with Section 18.03:090 of the Anaheim Municipal
Code.
28 That prior to final building and'zoning inspections, Condition No. 25,
above-mentioned, shall be complied with.
29s Thak approval of this application constitutes approval of the proposed request only
to the extent that (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 orYequirement.
' Page 9
ATTACHM~tEJT - ITEM N0. 3
RESOLUTION NO. PC2002-46
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04516 BE GRANTED
WHEREAS, the Anaheim City :Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
PARCEL A: PARCELS 1, 2 AND 3, AS SHOWN ON A MAP FILED IN BOOK 166,
PAGES 49 AND 50 OF .PARCEL MAPS IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA:..
PARCEL B: THAT PORTION OF THE EAST 5.00 ACRES OF THE WEST 10.00
ACRES OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF-THE
NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST,
IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51,
PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA, THAT LIES NORTHWESTERLY OF THE NORTHWESTERLY LINE OF
THE LAND DESCRIBED IN THAT CERTAIN FINAL ORDER OF CONDEMNATION,
SUPERIOR COURT CASE NO. 88598, A CERTIFIED COPY OF WHICH WAS
RECORDED JUNE 11, 1962 IN BOOK 6140, PAGE 399 OF OFFICIAL RECORDS OF
SAID ORANGE COUNTY.
PARCEL C (CARBON CREEK CHANNEL): AN EASEMENT SUFFICIENT IN WIDTH
FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF A BRIDGE,
UTILITY FACILITIES AND A APPURTENANT STRUCTURES, IN, OVER AND
ACROSS THAT PORTION OF THE EAST 5 ACRES OF THE WEST 10 ACRES OF
THE SOUTH HALF OF T-H E SOUTHEAST. QUARTER OF THE NORTHEAST
QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE
RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE
11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA,
THAT IS INCLUDED WITHIN A STRIP OF LAND, 75.00 FEET IN WIDTH, LYING
45.00 FEET NORTHWESTERLY AND 30.00 FEET SOUTHEASTERLY OF THE
FOLLOWING DESCRIBED LINE:..
BEGINNING AT THE CENTERLINE INTERSECTION OF ORANGE AVENUE AND
WESTERN AVENUE; THENCE SOUTH 0° 33' 45" EAST ALONG SAID WESTERN
AVENUE CENTERLINE, 199.71 FEET TO THE TRUE POINT OF BEGINNING OF
THE LINE TO BE DESCRIBED;. THENCE,: FROM SAID TRUE POINT OF
BEGINNING, NORTHEASTERLY ALONG ANON-TANGENT= CURVE CONCAVE
NORTHWESTERLY AND HAVING A RADIUS OF 1600.00 FEET, THROUGH A
CENTRAL ANGLE OF 1° 00' O5" AN ARC DISTANCE OF 27.96 FEET TO A LINE.
TANGENT; THENCE NORTH 67° 32'.10" EAST 2073.61 FEET TO THE BEGINNING
OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1800.00
FEET; THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL
ANGLE OF 9° 58' S0" AN ARC DISTANCE OF 313.55 .FEET TO A LINE TANGENT;
THENCE NORTH 57° 33' 20"EAST 497.62 FEET TO A POINT ON THE CENTERLINE.
OF STANTON AVENUE, BEING ALSO THE EAST LINE OF SAID SECTION 14, SAID
POINT BEING DISTANT THERON NORTH 0° 26' 40" WEST 963.26 FEET FROM THE:
CENTERLINE OF ORANGE AVENUE
CR5328DM.doc -1- PC2002-46
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on March 25, 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 conditional use permitand to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection; investigation and study made by
itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing,
_ does find and determine the following facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Sections 18.41.050.100 and 18.44.050.170 to expand an existing emergency
room, add a new ambulance porte cochere and reconfigure the parking lot for an existing hospital.
2. That the proposal is located in the CO (Commercial, Office and Professional) and CL
(Commercial, Limited) zones. --
3: That the prdposed use will not adversely affect the adjoining land uses and the growth
and development of the area in which it is proposed to tie located.
4: That the size and shape of the site for the proposed use, as conditioned herein, is
adequate to allow full development of the proposal in a manner not detrimental to the particular area nor
to the peace;. health', safety and general welfare.
5. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.'
6. That granting of this conditional use permit, under the conditions imposed, will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim; and
that the proposed use is located in an area which can accommodate theproposed scale of operation
without adversely impacting adjacent properties.
7. That no one indicated their presence at the public hearing in opposition to the proposal;
andYhat no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: Ttiat the Anaheim City
Planning Commission has reviewed the proposal to expand an existing emergency room, add a new
ambulance porte-coche~e and reconfgure the parking lot foran`existing hospital on an irregularly-shaped
11.2-acre property located at the northwest corner of Orange Avenue and Beach Boulevard, having
frontages of 945 feefon the north'side of Orange Avenue and 145 feet on the west side of Beach
Boulevard, and further described as 3033 West Orange Avenue (West Anaheim Medical Center); and
does hereby approve the Negative Declaration upon finding that the declaration reflects the independent
judgment of the lead agency and thatit has considered the Negative Declaration together with any
comments received during the public review process and further finding on the basis of the initial study
and any comments received that there is no substantial evidence that the project will have a significant
effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are
hereby found to be a nedessary prerequisite to the proposed use of tfie subject property in order to
preserve the safetyand general welfare of the Citizens of the City of Anaheim:
1. That all trash generated from this facility shall be properly contained in trash bins contained within
approved trash enclosures. The number of bins shall be adequate and the trash pick-up shall be as
frequent as necessary to ensure the sanitary handling and timely removal of refuse from the
property. The Code Enforcement Division of the Planning Department shall determine the need for
-2- PC2002-46
additional bind or additional pick-up. All costs far increasing the number of bins or frequency of pick-
up shall be paid for by the hospital..
2. That the legal property owner shall provide the City of Anaheim with a public utilities easement to be
determined as electrical design is completed.
3. That any required relocation of City electrical facilities shall be at the developer's expense.
Landscape and/or hardscape screening of all padmounted equipment shall be required and shall be
shown as plans submitted for City review.:
4. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public
Works Department and in accordance with approved plans on file with said Department. Said
information shall be shown on the plans submitted for building permits.
5. That a plan sheet for solid waste storage, collection and a plan for recycling shall be submitted to the
Public Works Department for review and approval.
6. That an on-site trash truck turnaround shall be provided in compliance with Engineering Standard
Detail No. 610, as required by the Department of Public Works, Street Sweeping and Sanitation
Division. Said information shall be specifically shown on the plans submitted for building permits.
7. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval
showing conformance with the current versions of Engineering Standard Plan Nos. 436. and 601/602
pertaining to parking standards and driveway locations. Subject property shall thereupon be
developed and maintained in conformance with said plans: Said information shall. be specifically
shown on the plans submitted for building permits.
8. That hospital security shall be provided to monitor the new parking lot (Parking Lot C) on a regular
basis to prevent loitering or disturbances to neighboring residences.
9. That the developer shall submit a geotechnical report that meets the requirements fora "Screening
Investigation for Liquefaction Potential" as identified in DMG special publication 17 "Guidelines for
Evaluating and Mitigating Seismic Hazards in California." The developer may submit a copy of the
gegtechnical report approved by the State of California for the hospital expansion to comply with this
requirement.:
10. That the developer shall submit a Water Quality Management Plan ("WQMP") to the Public Works
Department, Development Services Division, for review and approval specifically identifying the best
management practices that will be used on-site to control predictable pollutants from storm water
runoff.
11. That lighting fixtures in any proposed parking area located adjacent to.any residential property shall
be down-lighted with a maximum height of twelve (12) feet. Said lighting fixtures shall be decorative
and shall be directed away from adjacent residential property lines to protect the residential integrity
of.the area; and that this information shall be specified on the plans submitted for building permits.
12. That four (4) foot high street address numbers shall be displayed on the roof of the building in a
contrasting color to the roof material. The numbers shall not be visible to the adjacent streets or
properties.: Said information shall be specifically shown on the plans submitted for building permits.
13. That any existing. or proposed roof-mounted equipment shall be subject to the screening
requirements of Anaheim Municipal Code Section Nos. 18.44.030.120 and 18.41.030.090 pertaining
to the CO and CL Zones. Said information shall be specifically shown on the plans submitted for
building permits:
14. That no required parking area shall be fenced or otherwise enclosed for outdoor storage use.
-3- PC2002-46
15. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty
four (24) hours from time of occurrence:
16. That the parking lot serving the premises shall be equipped with lighting of sufficient power to
illuminate and make easily discernable the appearance and conduct of all persons on or about the
parking lot. Saiddtghting shall be directed, positioned and shielded in such a manner so as not to
unreasonably illuminate any off-site windows. Said information shall be specifically shown on plans
submitted for Police Department, Community Services Division approval.
17. That a final landscaping and irrigation plan for subject property showing plant type, size and location
(including minimum twenty four (24) inch box sized trees) shall be submitted to the Zoning Division
for review and approval. Any decision made by the Zoning Division regarding said plan may be
appealed to the Planning Commission andlor City Council
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 dies.
19. Thatthe landscape planters shall be permanently maintained with live and healthy plahta
20. That since this project has a landscaping area exceeding two thousand five hundred (2,500) square
feet; a separate irrigation meter shall be installed in compliance with Ordinance No. 5349 (Chapter
10.19 "Landscape Water Efficiency" of the Anaheim Munictpal Code) regarding water conservation.
Said information shall be specifically shown on the plans submitted for building permits,
21. That all requests for new water services or fire lines, as well as any modifications, relocations, or
abandonment of existing water services and fire lines, shall be coordinated through the Water
Engineering Division of the Anaheim Public Utilities Department
22: That no exterior vending machines which would be visible off-site shall be permitted:
23. That signage for subject facility shall be limited to that shown on the exhibits submitted by the
petitioner, and approved by the Planning Commission. Said information shall be specifically shown
on the plans submitted for building permits. Any additional signs shall be subject to review and
approval by the Planning Commission as a "Reports and Recommendations" item.
24. That the owner of subject property shall submit a letter to the Zoning Division requesting termination
of Conditional Use Permit No. 3591 (to permit a mobile medical "MRI" trailer with waiver of minimum
number of parking spaces).
25. That the parking stalls located directly eastof the emergency room shall belatieled "for emergency
patients only"; that parking lot "C" located on the south side of Prange Avenge shall be designated
for employees only; and that this information shall be specified cn the plans submitted for building
permits.
26: That the subject property shall be developed substantially h accordance with plans and
' specifications submitted to the City of Anaheim by the petitioner and which plans are do file with the
Planning Department marked Exhibit Nos. 1, 2, 3, 4, 5, 6, 7 and 8, as conditioned herein.
27. That prior to issuance of a building permit by any agency, ofwithin aperiod ofbne (1) year from the
date of this resolution., whichever occurs first, Condition Nos. 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 16,
17, 20, 21, 23, 24 and 25, above-mentioned, shall be complied with. Extensions for further time to
complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim
Municipal Code.
-4- PC2002-46
28. That prior to final building and zoning Inspections, Condition No. 26, above-mentioned, shall be
complied with"
29. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and
Federal regulations. Approval does not include any action or findings as to compliance or approval
of the request regarding any other applicable ordinance, regulation or requirement.
30. That within a period of three (3) months from the date of this resolution, the petitioner shall pay the
Traffic Signal Assessment Fee and the City-wide Traffic and Transportation Improvement Fee, as
required by the Public Works Department.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof,
be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
March 25, 2002.
tOri~insl aimed by C; aig l~n2nony ~rnaldl
CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
EOCi~inzi si,^sd by Eleanor Farnaodsl
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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 March 25, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOSNOES:
COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: VANDERBILT
IN WITNESS WHEREOF, I have hereunto set my hand this day of
2002.
(01•iginal algned by Etaancr Fernandes)
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-5- PC2002-46
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RS-A-03;000 ~ o V
Conditional Use Permit No. 2002-04551 ~ s~ ~ Subject Property
TRACKING NO. CUP2003-04696 Date: June 2, 2003
Scale: 1" = 200'
Requested By: SOUTHERN CALIFORNIA EDISON Q.S. No. 21
REQUEST TO AMEND A CONDITION OF APPROVAL PERTAINING TO A
REQUIRED LANDSCAPE PLANTER.
2721 Stonybrook Drive
7Dz
KEYS LN
Staff Report to the
Planning Commission
June 2, 2003
Item No. 4
4a. CEQA CATEGORICAL EXEMPTION-CLASS 1 (Motion)
4b. )CONDITIONAL USE PERMIT N0.2002-04551 (Resolution)
YTrackino No CUP 2003-04696)
SITE LOCATION AND bESCRIPTION:
(1) This rectangularly-shaped, 3.1-acre property has a frontage of 265 feet on the north side of
Stonytirook Drive, a maximum depth of 520 feetand is located 130 feet west of the cente~iine of
Sherrill Street (2721 Stonytirook Drive).
.REQUEST:
(2)' The petitioner requests to amend a condition of approval pertaining to a required landscape planter
under authority'of Code Section 18:03:091.
BACKGROUND:
(3) This property is developed with two Southern California Edison high voltage towers (one lattice and
one A-frame) and a plant nursery. The property'is zoned RS-A-43,000 (Residential/Agricultural)
and the Anaheim: General Ptan Land Use Element Map designates this properly for Low Density
Residential land uses.
(4) Sumounding land. uses are as follows::
Direction Land Use Zoning General Plan
besi nation
Edison Lattice Towers 8,
North Nurse Stock RS-A-43;000 Low Densi `Residential
East iSin le-Famil Residences RS-7200 low Densi Residential+'
South (across :Edison Lattice Towers, RS-A-43,000 &
stonybrook Drive) Nursery Stock & Single- RS-7200 Low Density Residential
!Famil Residences
West Sin Ie-Famil Residehces RS=7200 L:ow Densi Residehtial'
DISCUSSION:'
(5)' Conditional Use Permit No: 2002-04551 (to permit a telecommunications antenna and microwave -
dish on an existing electrical transmission towerand accessory ground-mounted equipment) was
approved by the Commission on August 12, 2002, for a period of 5 years. Resolution No. PC2002-
120, approved in`conjunction with Conditional Use Permit No. 2002-04551 contains the following
conditions of approval:
"16. ! That the subject property shall be developed substantially in accordance with the plans
and specificationssubmitted to the City of Anaheim by the petitioner and which plans are
on file with the Planning Department marked Exhibit Nos. 1 2, 3 and 4 and as conditioned,
herein.:
20 (a), That within a period of one (1) year from the date of this resolution, the applicant shall
submit final landscaping plans to the Zoning Division for review and approval showing a
the (10) foot wide `landscaped planter along Stonytirook Drive:'
Sr8605vn
Pa4e 1
Staff Report to the
Planning Commission
June 2 2003
Item No. 4
(5) The petitioner has submitted a request to modify a condition of approval and previously-approved
exhibits in order to reduce the, required 10-foot wide landscape planter to 4-feet along the south
property line adjacent to Stonybrook Drive. The revised Site Plan (Revision 1 of Exhibit No. 1)
indicates a 4-foot wide landscape planter adjacenfto Stonybrook Drive. A landscape plan (Exhibit
No. 5) was submitted indicating groundcover, shrubs and clinging vines'ih this newplanter area. No
`other revisions to the approved site plan are proposed. As part of this revised proposal, an existing
4-foot high chain link fence would be relocated to the north behind the new landscape planter`The
barbed wire currently attached to this fence would be removed. as it is not permitted'. by Code..'
(7) The Commission may wish toirecall that this condition was imposed at the Planning Commission
hearing of August 12, 2002, in an effort to conceal the telecommunications facility equipmenti shelter
and to address concerns relative to aesthetic enhancement of the property frontage. The
submitted letter of request indicates the petitioner was unable to obtain authorization from the
property owner, Southern California Edison, to provide a 10-foot wide landscape;planter. The letter
of request further indicatestfiat a 10-foot wide landscape planter would intertere with on-site':
circulation utilized by Edison and the nursery tenant. Mr. Rotiert Teran, jnfrastucture Leasing
Manager for Edison did, however, consent to a 4-foot wide landscape planter and'further stipulated
that no trees be planted in this area due. to potential interterence with overhead distribution lines.
(8) -The Commission should note that the equipment shelter is located under the legs of a lattice tower
approximately 500 feet north'of Stonybrook Drive and is unlikely to be seen from the street. 'i
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(9) Staff has evaluated this request to reduce the required landscape planter from a 10-foot wide"planter
to 4-foot wide planter. The petitioner has' included a variety of andscapng material'in the proposed
`4-foot wide landscape planter and staff feels that the intent of the original condition of approval would
be satisfied. Therefore, staff recommends ao royal of the request to modify the condition of
approval pertaining to the required landscape planter.
Pape 2
Staff Report to the
Planning Commission
June 2, 2003'.
Item Na. 4
ENVIRONMENTAL IMPACTANALYSIS:
(10) The Planning Director's authorized representative has determined that the proposed project falls
within the definition of Categorical' Exemptions, Section 15301, Class 1 (Existing Facilities),°as
defined in the State CEQA Guidelines and is; therefore, exempt from the requirement toprepare
additional environmental tlocumentation.
GROWTH MANAGEMENT ELEMENT ANALYSIS:
(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'. s Based on City staff review of the proposed project,: it has tieen determined that this project
does not fit within the scope necessary to require a Growth Management Element analysis,
therefore, no analysis has been performed.
FINDINGS:
(12) Before the Planning Commission grants any Conditional`Use Permit, it must make a finding of fact
that the evidence presented shows that all of he following conditionsexist:
(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 thereinas being a permitted use;
(b) That the proposed use will not adversely affect the adjoining land uses and the growth and
development of thearea in which it is proposed to'tia located;
(c) That the size and shape of the site for thee. proposed use is adequate to allow the full
development of the proposeduse in a manner not detrimental to the particular areanor 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
(ej That the granting of he 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
Anaheimr
(13) Subsection 18.03.092 of the Anaheim Municipal Code provides for the modification or termination of
a conditional use permitfor one or more of the following grounds:
(a) ,.That the approval was obtained by fraud;
(b) That the use for which such approval is granted is not being exercised within the time
specified in such permit;
(c) That the use for which such approval was granted has ceased to exist or has been
suspended or inoperative for'any reason for a period of six (li) consecutive months or more;
(d) ,That the permit granted is being, or recently has been exercised contraryto the terms or
;conditions of such approval, or,in violation of any statute, ordinance, law or regulation;
(e) 'That the use for which the approval was granted has been so exercised as to be detrimental
to the public health or safety, or so as to constitute a nuisance;.
Pape`3
Staff Report to the
Planking Commission
June 2; 2003
Item No. 4
(f) That the use for which the approval was granted has not been exercised, aktl 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 fortfi' in this
chapter no longer exist;`and/or
(g) That any such modification, includikg the imposition of any additional conditions thereto, is
reasonably necessary to'protect the public peace, health, safety or general welfare, or
necessary to permit reasonable operation under the conditional use permifas granted:`
RECOMMENDATION:
(14) :'Staff recommends that unlessadditionai or contrery'informatiok is received during he meeting, and
based upon the evidence submitted to the Planning Commission, including the evidence presented
in this staff report, ahd oral and written evidence presented' at the public hearing that Planning
Commission take the following actions:
(a) By motion, determine that the project is Categorically F~empt under Section 15301, Class 1,
(Existing Facilities) of the CEQA'Guidelines.
(b) By resolution,`aoorove this request for an amendment of a condition of approval for
Cokdi6onal Use Permit No. 2002-04551 (Tracking No.'CUP2003-04696) to reduce the
required landscape planter from 10-feet to 4-feet in conjunction with apreviously-approved
telecommukication facility based on the folldwing findings:
(i) .,That the proposed 4-foot wide landscape planter, asproposed with dense planting,;is
adequate to provide the desired screen of the useson the property;
(ii) :That the size and shape of the site is adequate to allow the full' development of the i
proposed use in a manner not detrimental to the particular area nor to the peace, health,
afety, and general welfare;
(iii} That the modificatiok is necessary to permit the reasonable operation of the
:.telecommunications. facility.
(iv) That the granting of the conditional use permit as modified would not be detrimental to the
peace, health, safety and geke~al welfare of the citizens of the City of Akaheim akd'
'further contributes to`an essential and effective wireless communication network system.
(c) Should the Commission wish to approve this request, staff recommends thafthe conditions of
approval coktained in Resolution No. PC2002=120 be incorporated into a new resolution with
the following conditions of approval
1. That this permit shall expire on August 12; 2007.
2 That the telecommunications facility shalibe limited to a maximum of 65 feet in height,
!with 3 sectors consisting of 2 panel antennas per sector with maximum`dimensioks'of 4.5
.feet in height by 8 inches in width and 2,75 inches thick on the existing tower; and a
`maximum 24-inch diameter microwave dish at a maximum height of 50 feet on the tower,
and accessory ground-mounted equipment. Said information shall be specifically shown
on plans submitted for building permits.. No additional antennas or equipment cabinets
+shall be permitted without the approval of a Planning Commission.
3. That the antennas shall be finished and painted to match the existing lattice tower i
structure: If the finish or color of the lattice tower is modified, the antennas shal(be
Page 4
Staff Report to the
Planning Commission
June 2, 2003
Item No. 4
modified accordingly. Said information shall be specificallyshown on plans submitted for
building permits,
4. That the portion of the property beingleased to the telecommunication provider 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.
5. That no signs, flags, banners, or any other form of advertising shall be attached to the
antennas or the transmission tower. structure.
6. That the cable connecting the equipment shall be underground and shall not be visible to
thepublic; and at said informationishall be specificallyshown or plans for building
permits.
7. That the operator of this use (the "Operator") shall ensure that this installation and choice
of frequencieswill not interfere with the 800 MHz radio frequencies required bythe City of`
Anaheim to provide adequate spectrum capacity for public safety and related purposes.
8. That at all times, other thane. during the24-hour cure period provided in Condition No. 10
below,: the Operator shall not prevenf the City of Anaheim from having adequate spectrum
capacity on the City's 800 MHz radio frequency.
9. That tiefore activating its facility, the Operator shall submit to apost-installationtest to
confirm that the facility does not interfere with the City of Anaheim's public safety radio
equipment. This test shall tie conducted by the Communications Division of the Orange
County Sheriffs Department or aDivision-approved contractor at the expense of
Operator.
10. That the Operator shall provide a 24-hour telephone number to the Zoning Division (to be
forwarded to the: Fire and Police Departments) o which interference problems may be
reported, and shall resolve all interference complaints within 24 hours.
11. That the Operator shall provide a "single point of contact" in its Engineering and
Maintehance Departments to ensure continuity'on all interference issues. The name,
telephone numtier, fax number and e-mail address of thatperson shall be provided to
City's: designated, representative.
12. That the Operator shall ensure that each of its confractors sub-cpntractors or agents, or
any other user of the facility, shall comply with these conditions of approval.
13. That the installer shall obtain aright-of-way construction permit form`the Public Works
Department for any worKwithin the public right-of-way, nGuding buf not limited to
installation of conduit, cable and elacVical service lines.
14. That should this telecommunication facility be sold, the City of Anaheim shall be notified
within`30 days of the close of escrow:
15. That all equipment, including supply cabinets and power meter shalibe installed on
private properly and shall tie screened from public view, as approved. by the Zoning
Division. Said information shall be specifically shown or plans submitted forbuilding
permits.
16. That the subject property shall be developed substantially in accordance with the plans
and specifications subm(tted to the City of Anaheim by the petitionersnd which plans are
Page' S
Staff Report to the
Pianrtiog Commission
June 2 2003
Item No. 4
bn file with the Planning Department marked Exhibit No. 1 Revision No. 1; Exhibit Nos. 2,
3, 4 and 5 as conditioned herein.
17. That within: a period of two months (2) months from the date of his resolution, the
applicant shall submit final landscaping plans to the Zoning Division for review and
:approval showing a four (4) foot wide landscaped planter along Stonyb~ook prive:c Said
landscaping shall be?installed within two (2) months following approval of the landscaping
'plans; and that the Iahdscaping shall thereafter be maintained in a live and healthy
condition.
18. That prior to issuance of a building permit, or within a period of one (1) year from the date
of this resolution, whicheveroccurs first,: Condition Nos. 2, 3, 6 10, 11 ahd 15,
'above-mentioned, shall be complied with. Extensions for further time tobomplete said
conditions may be granted in accordahce with Section :18.03.090 of the Ahaheim
Municipal Code.
19. That prior to final building and zoning inspections, Condition Nd. 9 and 16 above-
:mentioned, shall be compliedwith.
20. That approval of this application constitutes approval of the proposed request only to the
extent that it complies with the'Anaheim Municipal Code and any other applicable City,
State and Federal regulations. Approval does not include anyactlon or findings as to
compliance or approval of the request regarding any other applicable ordinance,
regulation"or requirement.
Pape 6
ATTAOHt1EfJT.~ - ITEt1 N0. 4
RESOLUTION NO. PC2002-120
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION `'
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04551 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the Ciry of Anaheim, County of Orange, State
of California, describetl as:
THE EASTERLY 265 FEET OF THE. NORTHEAST. QUARTER< OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION
THIRTEEN, TOWNSHIP 4 SOUTH, RANGE 11 WEST IN THE RANCHO LOS
COYOTES AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 11'OF
MISCELLANEOUS MAPS RECORDS OF ORANGE COUNTY, CALIFORNIA.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on July 15, 2002 at 1:30 p.m:, notice of said public hearing having been duly given
as required bylaw and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03,
to hear and consider evidence for and against said proposed. conditional use permit and to investigate
and make findings and recommendations in connection therewith; and that the hearing was continued to
the July 29 and August 12, 2002 Planning Commission meetings; and
WHEREAS, said Commission, after due inspection, investigation and study made by
itself and in itsbehalf, and after due consideration of all evidence and reports offered at said hearing,
does find and determine the following facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.21.050.125 to wit: to permit a telecommunications antenna and
microwave dish on an existing electrical transmission tower and accessory ground-mounted equipment.
2. That the proposed telecommunications facility in the RS-A-43,p00
(Residential/Agricultural) Zone, as conditioned herein, will not adversely affect the adjoining land uses
and the growth and development of the area in which it will be located; and that the equipment shelter
will be screened from the public right-of-way (Stonybrook Drive) by landscaping and the antennas will be
painted to match the legs of the existing electrical transmission tower.
3. 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 because this is an unmanned
facility with infrequent maintenance.
4. That the size and shape of the site is adequate to allow full development of the proposed
use in a manner not detrimental to the particular area nor to the peace, health, safety, and general
welfare because the existing Southern California Edison transmission towers allow opportunities for
telecommunications facilities on the tower legs without separate facilities being built thereby minimizing
impacts to the surroundings.
5. That granting this conditional use permit, under the conditions imposed, will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim; and
that the use contributes to an essential and effective wireless communication network system.
6. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CR5437DM.doc -1- PC2002-120
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of -
Categorical Exemptions, Class 1, as defined in the State of California Environmental Impact Report
("EIR")Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, upon the fallowing conditions which are
hereby found to be a necessary prerequisite to the proposed use of the subject propertyin order to
preserve the safety and general welfare of the Citizens of the City of Anaheim:
1. That this conditional use permit shall expire five (5) years from the date of this resolution, on August
12, 2007.
2: That the telecommunications facility shalt be limited to a maximum heighfof sixty five (65) feet, with
three (3) sectors on the existing tower, consisting of two (2) panel antennas .per sector with
maximum dimensions of four and one half (4.5) feet high, eight (8) inches wide, and two and three-
quarters (2.75) Inches thick; and a maximum twenty four (24) inch diameter microwave dish on the
existing tower at a maximum height of fifty (50) feet; and accessory ground-mounted equipment.
Said information shall be specifically shown on the plans submitted for building permits: No
additional antennas or equipment cabinets shall be permitted without the prior approval of the
Planning Commission.
3. That the antennas shall be finished and painted to match the existing lattice tower structure. If the
finish or color of the lattice tower is modified, the antennas shall be modified accordingly. Said
information shall be specifically shown on the plans submitted for building permits.
4. That the portion of the property being leased to the telecommunication provider shall be permanently
maintained in an orderly fashion through the provision of regular landscaping maintenance, removal
of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence.
5. That no signs, flags, banners, or any other form of advertising shall be attached to the antennas or
the transmission tower..
6. That the cable connecting the equipment shall be underground and shall not be visible to the public;
and that said information shall be specifically shown on the plans for building permits:
7. That the operator of this use (the "Operator") shall ensure that the location of the proposed
installation and the choice of frequencies will not interfere with the 800 MHz radio frequencies
required by the City of Anaheim to provide adequate spectrum capacity for public safety and related
purposes.
8. That at all times, other than during the post-installation test provided for in Condition No. 9, below,
the Operator shall not prevent the City of Anaheim from having adequate spectrum capacity on the
City's 800 MHz radio frequency..
9. That before activating this facility, the Operator shall submit apost-installation test to the City to
confirm that the facility does not interfere with the City of Anaheim's public safety radio equipment.
This test shall be conducted by the Communications Division of the Orange County Sheriffs
Department or aDivision-approved contractor at the expense of Operator.
10. That the Operator shall provide a twenty four (24) hour telephone number to the Zoning Division
(which will be forwarded to the Fire and Police Departments) to which interference problems maybe
reported; and that all interference complaints shall resolved all within twenty four (24) hours.
Further, if the 24-hour telephone number changes, the Operator shall immediately advise the Zoning
Division of the new number.
-2- PC2002-120
11. That the Operator shall provide a "single point of contact" in its Engineering and Maintenance
Departments to ensure continuity on all interference issues. The name, telephone number, fax- _ - -
number and a-mail address of that person shall be provided to City's designated representative. If
the name, telephone number, fax number and a-mail address of that "single point of contact"
changes, the Operator shall immediately advise the City's designated representative.
12. That the Operator shall ensure that each of its contractors, sub-contractors or agents, or any other
user of the facility, shall comply with these conditions of approval.
13. That the installer shall obtain aright-of-way construction permit from the Public Works Department
for any work within the public right-of-way, including but not limited to instatlatidn of conduit, cable
and electrical service lines.
14. That should this telecommunication facility be sold, the City of Anaheim shall be notified within thirty
{30) days of the close of escrow.
15. That all equipment, .including supply cabinets and power meter, shall be installed on private property
and shall be screened from the public's view, as approved by the Zoning Division. Said information
shall be specifically shown on the plans. submitted for building permits.
16. That the subject property shall be developed substantially in accordance with the plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the
Planning Department marked Exhibit Nos. 1, 2, 3 and 4, and as conditioned herein.
17. That prior to Issuance of a permit by the Building Division or within a period of one (1) year from the
date of this resolution, whichever occurs first, Condition Nos. 2, 3, 6, 7, 10, 11 and 15,
above-mentioned, shall be complied with. Extensions for further time to complete said conditions
may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code.
16. That prior to final building and zoning inspections, Condition No. 9 and 16, above-mentioned, shall
be complied with.
19. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal 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.
20. (a) That within a period of one (1) year from the date of this resolution, the applicant shall submit
final landscaping plans to the Zoning Division for review and approval showing a ten (10) foot -
wide landscaped planter along Stonybrook Drive.
(b) That within a period of two (2) months following approval of the landscaping plans, said
landscaping shall be installed; and that the landscaping shall thereafter be maintained in
compliance with City standards.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof,
be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this
Resolution, .and any approvals herein contained, shall be deemed null and void.
-3- PC20p2-120
THE FOREGOING RESOLUTION was adopted.at the Planning Commission meeting of
August 12, 2002.
(Original signed by PauCBost~ichfi
CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
c~t@,lae! ®Ig®~ by Fernandes)
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, Secretary of the Anaheim City Planning Commission, do hereby
certify thak the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on August 12, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BRISTOL, EASTMAN, ROMERO
NOES: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONER: KOOS
ABSENT: COMMISSIONERS: BOYDSTUN, VANDERBILT
IN W ITNESS W HEREOF, I have hereunto set my hand this day of
.2002.
tOriglne! signed by Eleanor Fernandes)
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-4- PC2002-120
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\
Conditional Use Permit No. 2003-04701 ~,~`; Subject Properly
Date: June 2, 2003
Scale: 1" = 200'
Requested By: GARY HEIL AND THE CITY OF ANAHEIM Q.S. No. 97
REDEVELOPMENT AGENCY
REQUEST TO ESTABLISH AN OUTDOOR CONTRACTORNEHICLE STORAGE YARD.
Parcel 1: 1610 South Claudina Way, Parcel 2: 1620 South Caludina Way
and Parcel 3: 1640 South Claudina Way
703
Staff Report to the
Planning Commission
June 2;.2003
Item NoC 5
5a.` CEQANEGATIVEDECIARATION
5ti:!', CONDITIONAL USE:PERMIT NO. 2003-04701 ' (Motion for continuance) i
SITE LOCATION AND DESCRIPTION`.
(1) Parcel 1: This irregularly-shaped 0.92-acre parcel has a frontage of 140 feet on the east side
of Claudina Way, a maximum depth of 270 feet, and is located` 1591 feet north of the centerline
of Anaheim Way (1610 South Claudlna Way).
Parcel 2: This irregularly-shaped 0.70-acre parcel has a frontage of 135 feet on the east side
of Claudina Way, a maximum tlepth of 250 feet, and is located 1440 feet north of the'centerline
of Anaheim Way (1620 South Claudina Way).
Parcel 3: This irregularly-shapetl 0.99-acre parcel has a frontage of 151 feet on the east side
of Claudina Way, a maximum depth of 227 feet, and is Iocated9305 feet north of the centerline
bf Anaheim Way (1640 South Claudina Way).
REQUEST:
(2) The petitioner requests approval of a conditional use permit under authority of Code Sections
18.03.030; 18.61:050:502, and-18.61:05tl:507, to establish an outdoor contractor/vehicle
storage yard.
(3) Steve McLain, representing G.D: Heil Inc., has submitted the attached letter dated May 27,
2003, requesting atwo-week cohtinuance to the June i6, 2003, Planning Commissioh meeting;
ih order to'address items concerning theiease with the Redevelopment Agency as iYpertains
to requiredparking.
RECOMMENDATION:
(4) Staff recommends that the Commission, by motion, continue this item to the June 16j 2003,
'meeting to'allow the'petitioner time to atldress this item with the Redevelopment Agency.
Sr5012jcdoc
Page 1
ATTACHMENT - ITEM N0. 5
® °r~ DEMOLITTONCONTRACTORS
Contracrors Svue License # 659496 ~~~ _
$37 S. Eat St., Anaheim, CA 92805 ~~'1) -fV
(714) 687.9100 Fax (714) 687-9108 Email gdhefl.cnm 1,t
`~ 3
May 27, 2003 r, ~4`i 2~®G
P~-p'NSME~R
Analteim Redevelopment Agency ~, pEeP~
201 South Anaheim Boulevazd ~6~ _ ~
Anaheim, CA 92805 ~~~~ ~i ~I R1
Re: Conditional Use Permit #2003-04701, 1610-40 S. Claudine Way, Anaheim, CA.
G.D. Fled, Inc. is requesting a continuance for the above referenced conditional use permit hearing
from the Tune Z"t meeting to the next meeting on June 16 m. This continuance is so that we can
work out a few issues concerning the terms of the lease and the required pazking for the lot with
the Redevelopment Agency.
Please contact me if you requite additional information or to notify us that the hearing has been
delayed.
Respectfully,
s~~~
Steve McLain
ITEM N0.6
ML (SE) ML (SE) ML (SE)
ML OK CATERERS ML (SE) 99-00-15 99-00-15
VAR 4235 VAR 2119 99-00-15 (Res. oFlnt. to SE) (Res. of Int. to SE)
(Res. of Int. t0 SE) RCL 84-65-08 RCL 73-7434
SUMMITVILLE 64-SS-8 (Res. of Int
to CR) 66.67-14
TILE (Res. of Int. to CR) .
6657-14 59.6051
66.67-74
62-63.9 62-63-9 (Res. of Int. to MH)
5657-93 56-57-93 56-57-93
CUP 2623 CUP 3552 CUP 2400
ML (SE)
DON MIGUEL CUP 2623 ' CUP 750
VACANT TIMBERLINE EDISON'fIELD
ML (SE) GAS LOGS PARKING
LAMCOR
ELECTRICAL INC.
OR!{NGEWC==?7D AVENUE
tt~~-- 161 ~ -®{
ML
99.00-15
(Res of Intent to SE)
6657-14
RCL6253-09
56-57-93
99-00-t5 EIR 321
n; of Intent to SE GPA 2141
66-67-14 GPA 361
56.57.93
EIR 274 EVEREST PRECISION
EIR 321 SHEET METAL
CUP 2003-04668
99.00-15
{Res of Intent to SE)
RCL 88-89-27
(Res of Intent to CO)
fib57-14
RCL 6253-09
56-57-93
T-CUP 2002-04541
T-CUP 2001-04339
T-CUP 2D00-04234
CUP 4725
VAR 2002.04504
SWAP MEET
: (Res of Intent lc
66{7-14
RCL 6253a
'-~•~CUP 2603-04
56-57-93
EIR 274
EIR 321
n -~~ GPA 2141
~ =~~ GPA 361
~ IND FlRM
a
J
_ N
N ~
WIL
N
ML
99-OD-15
(Res oflntent
to SE) _
66.67-14
56-51-9
EIR 274
EIR 321
GPA 274-I _
GPA 361
SM. IND.
FIRMS
Conditional Use Permit No. 2003-04702
Requested By: OLIVIERO MIGNECO
REQUEST TO PERMIT AND RETAIN AN OUTDOOR STORAGE YARD
WITH WAIVERS OF: (A) MAXIMUM FENCE HEIGHT
(B) MINIMUM NUMBER OF PARKING SPACES
(C) MINIMUM LANDSCAPED SETBACK
2130 East Orangewood Avenue
ML (SE)
9900-15
(Res of Inlenl to SE)
66-67-14
RCL 62.63.09
5657.93
VAR 4208
EIR 274
EIR 321
GPA 2141
GPA 361
IND. FIRMS
> ¢~
Q J ~
~~ ML
~
? 99-0D-15
Z (R es of Intent to SE)
p ~ 5657-93
~ W3208
=O w EIR 274
EIR 321
GPA 2141 _
GPA 361
ORANGEWOOD
STADIUM
>_
0
!-
O
Cl
99-90.15
(Resat Inlenl to S
fib-67-14
RCL 62.63-09
56-57.93
EIR 274
EIR 321
GPA 2141
GPA 361
y
~~
Foy
e Q:
f~c~
0
m" ?
~~~
I
4
ML
99-00.15
(Besot Inlenl
to SE)
ss-nz+e
;=sway ~~ Subject Property
~; N, r
Date: June 2, 2003
Scale: 1" = 200'
Q.S. No. 119
704(20035-19)
_.
Staff Report to the
Planning Commission
June 2;'2003
Item Na t3
6a. CEQA NEGATIVE DECLARATION (Motion)
6b- 'WAIVER OF CODE REQUIREMENT (Motion)
6c; CONDITIONAL USE PERMIT NO 2003-04702 ' ' (Resolution).:
SITE LOCATION AND DESCRIPTION:
(1) This rectangular-shaped, 1.3-acre property is located at the southwest comer of
(Orangewood Avenue and Dupont Drive, having frontages of 181 feet on the south side of
Orangewood Avenue and 305 feet on the west sideof Dupont Drive (2130 East
`Orangewood Avenge - Tileclub).
REQUEST:
(2) The petitioner requests approval of a conditional use permit under authority of Code
Section Nd. 18.61':050.501 to permit and retain ah outdoor storage yard with waivers of
following:;
(a) SECTION NO. 18.61:064.020 Maximum fence height l3 feet permitted;
i 9 feet existing and proposed).
(b) SECTION NOS; 18.61.0501501, Minimum number of parkino spaces
18.061050.031, '; (48 regoiretl; 32 proposed and
AND 18[08:050.033 recommended by tha'City Traffic and
Transportation Manager).
`(c) SECTION NO. 18.61.063:013 Minimum landscaoed'setback area C5
feet required; none existing or
proposed).;
BACKGROUND:
(3) ..This property is currently developed with an existing',industrial building and is zoned ML
''(Limited Industrial). The Anaheim General Pian Land Use Element Map'designates this
property for Generai ndustrial land uses.`-
(4) ;.Surrounding land uses are as follows;
:Direction . Land Use . Zoning ' General Plan
Desi nation
North, (across Industrial Firms ML Commercial Recreation
:.Oran ewood Avenue
South,: East (across
Industrial Firms
Mi Business Office/Mixed
Du ont Ddve) and West _
`Use/Industrial
DEVELOPMENT PROPOSAL:
(5) This reques4 is a result of a Code Enforcement action where the outdoor storage area ;
'' was determined tobe occupying required parking stalls. The petitioner requests approval
of a parking waiver to permit and retaih the outdoor storage area. Further, the petitioner
Yequests approval to retain ah existing unpermitted fence that exceeds the maximum height
permitted within the`setback area in order to screen the outdoor storage.
Sr3025ey.doc
.Page 1
-
~ ~ ~ ~ ~d ... equ reds; G~~ a
~ ;
s~ x ~T!` "~ a~ ~
~ S u`eP s e P~g~F~tio~ r~ :°g~~,
Warehouse (including 10% :26
942 55
1 ': 41
7
ofFce of building GFA) , . .
Office (above 10% of '
building GFA) 68 4 0.3
Outdoor Storage
10,540 1 space per 2,500
4
2
s f ,
Showroom 675 2.25 1.5
Total 38,225 ! 48
Page 2
'Staff Report to the
Planning Commission
:June 2, 2003
Item No. ti
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View of the fenced outdoor storage yard
(8) The floor plan for the'office area (F~chibit No. 2) indicates that the north portion of the
building Is'comprised primarilybf offices and office related areas. According to the"site
plan, the remainder of the building is comprised of the warehouse, whera he majority of the
materials`are stored.
(9) A landscape plan showing existing landscaping within the public right-of-way was submitted
as part of2his application. The landscaping proposed along Dupont Drive would be located
.within thepublic right-of-way. Plans were'routed to the Urban Forestry Division and no
street trees were required as part of this application. If the petitioner wishes to plant trees
'within the fight-of-way, prior approval should be obtained from the Urban Forestry Division.
'Code requires a 5 foot wide landscape setback along Dupont Drive and 10 feet along
Orangewood Avenue with one tree for every 20 feetof street frontage for: a total of 24 trees.
(10) Submitted photographs and staff inspections reveal that the outdoor storage area is
::enclosed with chainlink fencing with PVG lats and razor wire along the east property line.
'Code prohibits the use of razorwire when visible to the public,right-of-way. With respect tc
'..the fencing, Code requires thatall chain link fencing,utilized in,the screening of outtloor
uses include PVC slats and fast-growing vines or shrubbery. ,
(11) No sign plans were submitted with this application, and the petitioner states that no new
aignage isfproposed in connection with tfifs request.: Code permits wall'signage not
exceeding; l0 percent of the building elevation and an 8' x 10' monumenfsign with a
maximum, ign area of 65 square feet per,face.
(12) The submitted letter of operation indicates the file distribution facility would continue: to
.:operate Monday through Friday; from 8 am. to 6 p.m., Saturday 9 a.m. to 5 p.m. and
:Sunday 10 a.m. to 4'p.m., with a total of25 employees. A second letter of operation,
submitted. by the Tilaclub's authorized agent indicates that there is no retail sales from this
facility and that the purpose ofthe outdoor storage area is for the temporary storage of
!materials'until such time that they are distributed to a Tileclub retail facility. Additionally,
ahe petitioner indicates that they propose to screen any visible roof-mounted equipment and
remove the barbed wire from the chain link fencing.
.Page 3
Staff Report to the
Planning Commission >
June 2, 2003-
Item No. 6
ENVIRONMENTAL IMPACT ANALYSIS: ':
(13) Staff has reviewed the proposal and the Initial Study (a copy of which is available for review
in the Planning. Department) and finds no signfcant environmental. impact and, therefore,
recommends that a Negative Declaration be approved upon a finding by the Planning
Commission that the declaration reflects the hdependentjudgment of the lead agency; and
that it has considered the proposedNegativeAeclaration together with any comments
received during the public review process antl 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.
.GROWTH MANAGEMENT ELEMENT ANALYSIS:
(14) The proposed project has been reviewed by affected City departments to determine
whether it conforms to the City's Growth Management Element adopted by the City Council
on March 17, 1992. Based on City staff review of the proposed project, it has' been
determined that this project does not fit within`the scopa'necessary to require'a Growth
Management Element analysis, therefore, no analysis has been performed.
EVALUATION:
(i5) Outdoor contractor/building materials storage yards arepermitted in the ML zone subject
to the approval of a conditional use permit
(16) Waiver (a) pertains to the maximum fence height within the required setback. Plans
indicate an existing 9-foot high chain link fence and sliding gate located along the side
(east) property line. Photographs of the property furthershow existing barbed wire along
the'top of the fence. Code permits-fencing in he required setback'area up to a maximum
height of 3 feet. Further,' barbed or razor wire' is prohibited when visible from: the publid
right-of-way. 'The petitioner has submitted tfie attached Statement of Justification
intlicating thatthe fence;was existing when the propertyjwas purchased. Additionally, the
fence is used to screen'the outdoor storage area. Staff is supportive of this waiver since
there is currently no intervening landscape setback between the public right-of-way and
the'fence. Therefore, from a functional standpoint, the logical location and height of the
fence is the present location.
(17) Waiver (b) pertains to minimum number of parking spaces. Code. requires 48 spaces
based on the'informatioh contained in paragraph no:`(7) of this report. The site plan
indicates a total of 32 employee and customer spaces available dh-site. The petitioner has
submitted a parking study prepared by Traffic Safety Engineers, "dated April',15, 2003to
substantiate the requested waiver: The City7raffic and"Transportation Manager has
reviewed thestudy and determined that there would be'sufficient'parking for is proposed
land use.
(i t3) The parking study further includes the following findings to substantiate the requested
waiver of minimum number of parking spaces:
"(a)' That the variance, under the conditions imposed, if any, will not cause fewer off-
streefparking spaces to be provided`for such use than the number of such spaces
necessary to accommodate all vehicles attributable to such use under the ndrmal
and reasonable foreseeable conditions of operation of such use.
The parking study indicates that the peak parking demand for off-street parking
spaces is lower than the quantity provided for the projectsite.
Page 4
Staff Report to the
Planning Commission
r'June 2,:2003
Item No: 6
(b) That the variance, under the conditions imposed, if any, will not increase the
demand and competition for parking spaces upon ttte public streets in the
immediate vicinity of the propbsad use.
The proposed project will not increase or compete for on-streetparking because
`its parking of has adequate parking to accommodate the project peak parking
demands.
(c) That the variance, under the conditions imposed, if any, will notincrease the
demand for parkingjspaces upon adjacantprivateproperty in the immediate
vicinity of the proposed use.
The project site parking lot is physically separated from other adjacent
i developmeht. Furthermore, there is no'reason to encroach other parking facilities
because the center's. parking lot provides'ample packing as indicated in the.
parking analysis.
( (d) .That the variance, under the conditions imposed, if any, will not ihcrease traffic
'congestion within the off-streetparking'areas or lotsprovided for such use:
Traffic and parking congestion will not occur because'the supply of parking
spaces force project'site are adequate during the peak parking period.
(e) That the variance, under the conditions imposed, if any, will not impede vehicular
`ingress tdbr egress from adjacent properties upon he public streets in the
'immediate vicinity of the proposed use.
The projectsite is physically separated from the adjacent private properties.
Therefore, there will tie no impeding of traffic access: into or out of adjacent
parking lots."
(19) Waiver (c) pertains to the minimum required landscaped setback area. Code
requires'a minimum 5-foot wide landscaped setback abutting a local street. Plans'
indicate the existing',fence islocated on the property line and that the property does
not have'a landscaped setback. There is cumently an 8-footwide landscaped
parkway within the: public right-of-way directly east of the properly. This area is
`currently maintained by Tileclub.
(20) The petitioner has submitted the attached Statement of Justification indicating thaf`
the fence was existing on theproperty line when the property was purchased.
Additionally, the landscapedarea located within the right-of-way has been
maintained by Tileclub since they have: been at this ocation. Additionally, the 5-foot
f wide setback area'is must be utilized by this business in order to provide adequate
:'room for he loading and unloading of materials within the enclosed outdoor storage
r area. Staff is generally not supportive of waiving landscape setback requirements2
However, in this specific case; the petitioner is noYconstructjng additional building
square footage norjntensifyingthe property beyond' what would be anticipated in ah
industrial'area. Tfiecefore, tall recommends aoproval of this waiver.
(21) > The Code Enforcement Division has submitted the attached memorandum, dated
,March 11', 2003, describing how this property's need for a parking waiver became
apparent to the City: Initially, he TrafficEngineering and Code Enforcement
Divisions became aware of the lack of on-street parking due to a complaint received
from the: public. Staff is currently working with other businesses in the bupont Drive
area that wish to retain outdoor storage areas to ensure that their business needs'
are met while providing enough on-site parking for employeesand customers.
Page 5
Staff Report to the
Planning Commission
June 2, 2003
Item No. 6
FINDINGS:
(22) That Section 18.06.080 of the parking ordinance sets forth the following findings which are
required to be made before the parking waivers are approved by the Planning
Commission: or City Council.
(a) That the variance, under the conditions imposed if any, will not cause fewer off-
street parking;spaces to<be provided for such'use than the numtier of such
spaces necessary to accommodate ail vehicles attributable to such use under the
normal and reasonably foreseeable conditions of operation of such use; and'
Section and
(b) That the variance. underthe conditions imposed if any, will not increase the
demand and'competition for parking spaces upon the public streets in the
immediate vicinity of the proposed use; and
(c) That the variance, under the conditions imposed if any, will not increase the
demand and competition for parking spaces upon adjacent private property: fn the
immediate vicinity of the proposed Use; and
(d) That the variance, underahe conditions imposed, if any, will not
increase traffic congestion within the off-street parking' areas orlots
provided for such use; and
(e) That the variance, under the conditions imposed, if any, will not impede
vehicular ingress to or egress from'adjacenfproperties upon the public
streets in the immediate vicinity of,the proposed use.
(23) Unless conditions to the contrary are expressly imposed upon the grant of any variance
pursuant to this section,by the Planning Commission or,Clty Council, the granting of any
such variance 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 variance: Exceeding,
violating, [ntensifying or'otherwise'deviatingfiom any of said assumptions as contained in
the parking demand study shall be deemed a violation of the express conditions imposed
upon said variance which shalt sutiject said'variance to termination or modification
pursuant to the provisions of Sections 18.03:091 and'113.03.097 of this Code.
(24) 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 properly,
because of special circumstances'applicable to it, shapbe deprived of privileges
commonly enjoyed by other properties in the'same vicinity and zone. The sole purpose of
any code waiver is to prevent discrimination and none shall be approved which would
have the effect of granting a special privilegernot 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 gicinity-, and
(b) ': That strict application of the Zoning Code deprives the property of privileges enjoyed
by other properties under identical zoning classification in the vicinity.;'
Page 6
Staff Report to the
Planning'Commtssion
June 2 2003
Item No 6
(25) 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 affedk the adjoining land' uses and the
growth and'developmem of the area in whichit is proposed to be located;
{c) That the size and shape of the site for the proposed use is adequate to allow the full
development: of the proposed use in a manner not detrimental to the particular area
nor to the peace, health, safety, and general,welfare;
(d) That the traffic generated by the proposed use will not impose an`undue burden
upon the streets and highways designed and improvetl to carry the traffic in the
area; and
(e) That the granting of the'conditional use permit under the conditions imposetl, if any,
will. not be detrimental to the peace, health, safety and'general welfare of the
citizens of the City of Anaheim.
RECOMMENDATION:
(26) Staff recommends that, unless'additional'orcontr~ry information is received during he
:'meeting,: and based'upon the evidence submitted to he Commission, including thei
+evidence;presented in this staff report, and oral andwritten evidence presented at the
public hearing, the Commissioh take the following actions:
i (a) By motion, aoorove a CEQA Negative Declaration.
(b) By motion, approve waiver (b) pertaining to minimum number of parking spaces
based on the: recommendation of the City Traffic and Transportation Manager that
32 paces is adequate for this distribution facility, and based on the findings as
discussed iniparagraph!nos. (17)'and (18) of is report'.
(c) By motion, aoorove the7equested waivers (a) pertaining to maximum fence height
'within tfie required setback and (o) pertaining to minimum required landscape
setback based on the following:
(i) That the existing fence and lack of a landscape setback adjacent to Dupont
Drive are existing conditions and ttie impacts`of the proposal do hot
provide sufficient nexus to require compliance with these development
standards.
(ii) That the strict application of the Code deprives the property owner he
.`privileges: enjoyed by other industrial properties in termsbf the limitation of
the height of fencing required to effectively screen the outdoor storage
yard.
(d) By resolution., aoorove Conditional Use Permit No. 2003-04702 (permit and retain
an'outdoor storage yard) based'on the following:
(i) That the proposed outdoor storage yard is properly one for which a''
conditional use permit is authorized by the Zoning Code'and as conditioned
herein, complies with all the requirements sefforth in the Zoning Code.
page 7
Staff Report to the
Planning Commission
June 2, 2003:
Item No. 6
(ii) !:That the proposed outdoor storage yard would not adversely affect the
adjoining Jand uses and the growth and development of the area in which it
is proposed to be located because the proposal includes site screening
consistent with the Zoning Code.
(iii) That the size, shape and topography of the site fotthe•proposed outdoor
contractor/ buildingmaterial storage yard is adequate to allow the full
development of the'proposed use stnce3he proposal meets all the minimum
development standards set forth within the Zoning Code, with'the exception
> of the waivers which do not impact surrounding properties, and therefore
i would nothave a negative impact on the'particular'area's peace, health,:
safety, and general'welfare.
(iv) That the granting of Conditiohal Use Permtt No. 2003-04702;'as conditioned
'.`herein, would not be detrimental to the peace, health, safety and general
"welfare of the citizens of the City of Anaheim.
THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS' ACTING AS
AN INTERDEPARTMENTAL'COMMITTEE AND ARE RECOMMENDED'FORADOPTlON BY THE
PLANNING COMMISSION' ItJ THE EVENT I'HI3PERMIT'dS'APPROVED.
1. That the property shall be permanently maintained in an orderly fashion by providing regular
landscape maintenance, removal of trash and debris, and removal of graffiti within twenty-four (24)
flours from,time of occurrence..:
2. That no barbed wire or razor wire shall be visible in any direction to any non-industrially zoned
property or public right of way. The existing barbed wire shalt be removed.
3. That the outdoor storage of materials and equipment shall not exceed the height of the perimeter
..fencing and shall notbe visible to any adjacent public right-of-way.
4. That plans shall be submitted to a City Traffic and Transportation Manager for hls review and
:approval showing cdnformance with the current version of Engineering Standard Plan Nos. 436,
601 and 602 pertaining to parking standards and driveway locations. Subject property shall
thereupon: be developed and maintained in conformance withsaid plans.
5. That no compact parking spaces shall be permitted
6. That the granting of the parking waiver is contingent upon operation of the: use in conformance
with the assumptions and/or conclusions relating to he operation and intensity of use as contained
in the parking demand study that formed the basis for approval of said waiver. Exceeding,
violating intensifying or otherwise deviating from any'of said assumptions and/or conclusions, as
contained in the parking demand study, shall be deemed a violation of the expressed conditions
imposed upon said waiver which shall subject this variance to termination or modification pursuant
to the provisions of Sections 18:03.091 and 18.03.092 of the Anaheim Municipal Code.
7. That the proposed fence and sliding gate securing the employee parking area shall remain open
during hours of operation so that all required parking spaces may be open and available.
8. That any loading and unloading of products and materials shalfoccur on-site, exclusive of any
required parking'areas.
9. That no required parking area sftall be fenced or otherwise enclosed for outdoor storage uses
except as`shown and; approved on Exhibit No. 1.
Page 8
Staff Report to the
Planning Commission
June 2,,2003
Item No; 6
10. That trash storage areas shall be provided and maintained in a location acceptable to the Public,
Wdrksbepartment, Streets and Sanitation Division and ifi accordance with approved plans on file
with said Department. Said storage areas shallbe designed, located and screened so as not to be
readily dentifiable from adjacent streets or highways.
1 L` That fencing shallbe constructed and maintainetl In conformance with the approved plans;:
including PVC slats interwoven into the chain link fencingalong the perimeter of the outdoor
storage area and, further, that ciinging'vines to eliminate graffiti opportunities shall be planted on
maximum 3-footcenters adjacent to said fence.'7he fencing shall be of sufficient height to screen
the outdoor materials from view of the public right-of-way. Said information shall be specifically
shovm on plans submitted for Zoning Division approval.
12: That the outdoor storage sfiall be limited to tile, stone and similar protlucts.
131 That subject property shall be developed substantially in accordance with plans`and specifications
submitted to the City of Anaheim by tfie petitioner and which plans are on file with the Planning
Department marked Exhibit?Nos. 1 antl 2, and as conditioned herein.'
14: That within a period of ninety (90) days from the date of this resolution Condition Nos. 2, 4;:10, 11,
12 and 13, above-mentioned, shall be`compliedwith. Extensions for further time to complete said
conditions may be grantedin accordance with Section 18.03.090 of the Anaheim Municipal Code.
15: That approval of this application constitutes approval of the proposed request only to the extent
that ifcomplies with the Anaheim Municipal Zoning Code and any other applicable City, State and
Federal regulations. Approval does not include any actlon`or findings as to compliance or'
approval of the request regarding any other applicable ordinance, regulation orrequirement.
Page 9
ATTACHt1ENT - ITEtt N0. 6
SEGilON 4
PET1TlONER'S STATEMENT OF
ILJST'IkTCATIQN kOR VARLAN.CFJCODE WAIVER
(NOT REQUIRED FOR PARIt3LVG WAIVEIt,7 - - -
&8QU8ST FOR WAIVER O`F CODS SECTION:
PERTAINING TO:
6eetion-18.03.040.030nnd 18.12.06D of the Anaheim Mualcipal Code regoiro that before any variance oc Code waiver ropy be
granted by the Zatring Adminisortor oz Plaanirtg Cotranission, the following shall be shown:
1. That dtere aze special circumstances applicable to the proptrly, including ~ ehspe, topogtapby, location or
surrotmdings, which do aoi apply m other property tutder identical zaaiag classification in the vidairy ~
2 That, because of such epecial drettrastettteea,strict egplicafimt of the inning code dt:privts the pcopery of privrlepes
enjoyed by other property under identical 2oming classifiestion in the vichvry,
In tinter to detatlttine if such special circtttnsrances exist and m assist the Zoning Administrator orplaaaing Commission to
arrive at a deejsi0a, please ttnswer each of the following questions rogatdiag the property for which a variance is sought, fully
and as completely as possibJo, If you need additional space, yeu may attach additteoa] pages,
1. Are Utere special eiretymstances that apply to the prepesty in tnaners such ss size, shape, topography, lowtioa or
stttmttndmgs?,7~Ycs ,l No. -
m........__.......:. av_.n a.._.er._.~._.v_:a _....,.~_.__, o ~Vi Sr: wl/ ?:~AVO IC Ot1ElL 'LO
Z. Are the spedal ChtluluTa71te5 that apply m the prapaty dia`1•Crmt fiOm other properties in the vicinity which are in tk:e
samezoneasyourproperry? Yes _No
L` ur answcis "yes' desmlre ho rho p o is differ t: ° Olk~efL ~Q~r rte. ~'~'~~ ~O
119 IN ~4 O~ ~ OLI~~
3. Do fltB 9perial cucm*e+e*+eG4 Sppliznble to theproperrydcprive it of privile6~eturendy enjoyedby neighboring
properties located within the same wne2 Yes No
your ca:a-s :-"yam," 2.e:cribc we special Ciretunslsaues:
0
k, Wer~otltaspvcialcuctrns~tccaeteatedbycsusesbt;iondtheconvolofthepropatyowae;lotpmvlouspmperty
F,XPIAIN
The sole p sa of aqy variauco or Code wsiver shall be to prewettt di,criminetion, and ao variance or Code waiver shall be
aPFtuved w woutd Lave dle effect of glsating a special prlvt7ege ztot sltazed by atller propetiy in the same vicinity and was
which is t ' c acprusly attrhotized by zone regulations povemin+ subject prapery. Use variances are ant permintd.
Si Owner or A orized Agent Dat~ 3
nFCF,rSBPR U, CONDITIONAL U3E PEFMtfIVARIANCEIVQ ~_?av /' !
~~ ~_
ATTACHtiENT - ITEf1 fJO. 6
SECTION 4
PFTITION&R•S STAT&MBtdT OF
71fZCATION pOR VA.RTANCE/CODE WAIVER.
(NOT RP.QUIRF~FOR PAILICII`1G WAIVER)
REQTJESC FOR WAIVER Ok CODE SECTION:
PERTATNBQG TO:
Sections 18.03.040.030 anti iB.12.960 of the AnahcimMunicipal Cade require tlw[ bePom any varieaee of Code Waiver maybe
gyrated by she Zvniag Admi:tiatrstor or PL9mlag Commi :sloe, the following shall be shown:
1. T1taL there arc SpeC791 n:.,~.,.,,~..~es applicalile to eha property, ineludiag nix, ahapq topagrnpby~ locakioa ar
eattoustOiaPS, Which do mt apply m otaer praperp~ under idtnticalzoning clasAiScadon in the vicituty, as
2 Tba; because of such special e:m~m~*a~~es, ¢trict appliatina ofthc zoning coda deprives tltc pmpetty oYptivileges
etljoyed by otherproperty under identical zoning classification in the vicinity.
In. order tv detc~ine iP suchspeeial circumstaacas rxist, anti to asssst the Zoning Adttlini~atar or Phuuriag Commission to
azrive ae a decision, plcssc answer ech of the followinS qucstlotts re¢ardin~ the ptoper[y for which a variance is sought, Stlty
and as comple[dy a: possible. If you aced ndditionnl spa.cc, you may attilch addidoaal paces,
1. Are thecz: special circnmstaaces chat apply to the property in saartcas soc6 as eizc, shape, topography, Incstiaa or
srmoundingsT~Yes _No,
tP,rt,,,. ane,v~r is ~r'Vne ^ rincrnl.n el,o crwn~t ~;,r,~.,~,,,,~~. r~o>~2. fan ~n_°rv- _ 2 5~1' -
2. Arc she apeecial dn-uai,rences that apply tQ tho propcrry different from other }stopetties in Wes viCjrtity which arc is the
srr~o zone ¢: youtpropaty? ~ Yc_ _ No
3. Do the special eccemt~.ees ap9licable to the propary deptivo it nfprivikgcs currently enjoyed byaeighhoting
i~oFetne~?oca:cd t:::!•$ Le see 20ne? ,Yes No
L°ye::r a~::^a.`,'.iP ~~y.'.S,° dberiac the special eireuru.nc ~:
4. 1Vere the specie! a -Slop coated by caucs c7vnd Lc [ci;.Olnfthe ptoPrnY [J4lilCT (OT pl'eVlOl15 D[OpesLV
owners)? _Yesa
The sD p ore of any variance or Code waives shall be w prevent discrimination, surd tro variance or Cade waive shall be
approve Wo d have The affect of granting a special privilege not sbszed by ether propary in the same viciairy and none
which is ems expressly authoriz'cpdG'b,`yG'1zsortnl~'regulations Kdvetaiag subjccepropexry. tJse variances asa not petmltt~4
Slgttantre a City OwaCr Or.Au rized.Agonc D2-rete~{`!',I `Il/M~,J
C~NDI'tt~NALUSEr3RMt/YAF~IANCYNL7. ~~ ~03
nrcestsrx a
0~-~02
ATTACHHENT_ - ITEM N0. 6
DATE:
MEMORANDUM
CITY OF ANAHEIM
Code Enforcement Division
MARCH 11, 2003
TO: DAVE SEE, SENIOR PLANNER
`7~9~
FROM: MATTHEW D. LETTERIELLQ, CODE ENFORCEMENT OFFICER
SUBJECT: 2130 E. ORANGEWOOD AVE. (CASE# 2003-00015)
This memorandum is written to provide you a brief history concerning the complaint Code
Enforcement received about the above location.
Traffic Engineering referred to Code Enforcement a bitizen's bomplainY of a lack of on-street
parking on Dupont Dr. On August 28, 2002, I went to the location to inspect. I found that most
of the businesses in the. azea were .using the required on-site. parking on their property for
prohibited, outdoor storage of materials, supplies and equipment. Some locations were also
performing prohibited outside work. When I inspected 2130 E: Orangewood Ave., I found the
following conditions to exist:
There was equipment and a very large amount of materials/supplies and other items
stored on the east side of the property, in the required parking spaces (A.M.C. 18.02.040,
A.M.C. 18.61.66.010 & .020 & .030 & :050, A.M.C: 18.61.025.020)
On September 12, 2002, a Notice of Violation and Order to Comply was mailed to Oliviero and
Rebecca Migneco, the property owner of record at their address in Orange. The notice advised
them of the violations of the Anaheim Municipal Code and gave them up to ten (10) days to
correct them.
On September 20, 2002, I received a telephone message from Glenn Bush, an employee of
Tileciub, the business at the location. The business is owned by Mr. Migneco. The message said
they were neazly ready for my inspection and he requested I call him on Monday (9-23-02).
On September 23, 2002, I telephoned Mr. Bush and discussed in detail what was needed to
comply, including some options available to them, such as a Variance and Conditional Use
Pernut. He said he would come into the Zoning Division to discuss the matter. He telephoned
me later in the day and left a message saying they aze required to have forty-three (43) pazking
spaces and would need some additional time in which to comply.
2130 E. ORANGEWOOD AVE.
PAGE 2 OF 2
On September 27, 2002, Mr. Bush came into my office to speak with me. He.said he had been at
the Zoning Division and obtained some information. He said they .are going to re-stripe the lot
and they will need some additional time, as the owner and he were both going to Italy on
business.
On October 24, 2002, I received a telephone message from Mr. Bush saying they were back from
overseas, and were working towards complying..
On November 21, 2002, I sent a letter to Oliviero and Rebecca Migneco at the Orangewood
address. The letter advised them they had been sent a Notice of Violation concerning the
property and that they must correct the violations within twenty (20) days to close the Code
Enforcement case.
On January 23, 2003, I went to the location to inspect the property. I found the property was not
in compliance and the following conditions to exist:..
• There was equipment and a very large amount of materials/supplies stored on the east
side of the property, in the required parking spaces. The materials/supplies were stored at
approximately 10-14 feet high, well above the fence height (A.M.C. 18.02.040, A.M.C.
18.61.66.010 & .020 & .030 & .050, A.M.C. 18.61.025.020).
• Fifteen (15) parking spaces were available in the front (north side) .and forty-three (43)
spaces aze required (A.M.C. 18..61.66.010 & .020 & .030 & .050)
Since I was unable to obtain compliance in regards to correcting the above violations, I requested
an office conference by the City Attorney's Office and the Mignecos, in an effort to resolve the
matter. The conference is set for March 19, 2003, at 1-.1:00 am. John Ramirez of your division
will attend the conference.
If I can be of any further assistance, or you have any questions, please telephone me at extension
4446.
0828m~.adoc
ITfrl ,uo. 7
ALMONT AVE
RM-1200 CL
RCL 66-67-68 . RCL 74=
VAR 2096 RCL 66-i
VAR 2069 CUP 4~
VAR 1897 CUP 3~
APTS. CUP 3i
106 DU VAR 3!
VAR 1t
ALMONT W0005 RETA
1 ML I ML
RCL 66-67b 8 CUP 3211
AUTO CUP 1523
PARTS CUP 1152
;UP 2 01-0449 VAR 1897 VAR 1897
CUP 4002 F O RESTAURAN'
CUP 1059 ¢ ?
VAR 1897 ML
STORE ~
3 a Z w
X 3 0
HERTZ TRUCK PAINT wU~ ~zm ML
LEASING ~ O w w RCL 66-67-23
~ CUP 3915
VAR 1897 MOBIL
a
® ~ RM-1200
4 DU EACH
ALMONT AVENUE
CL RM-0
61-62-123 ® TRACT I '.
CL GPC 2002-00019 61-6
61-62-123 (62-63.73 Wj ~ 4 DU E
GUP 2002-04618 GPA 346
CUP 3630 OFFICE BUILDING
CUP 806
RESTAURANT
CL F
RCL 65-B&76
GUP 3732 Q
~m
CUP 3150 .~ ~
U
GUP 123 'ojH
CHEVRON
fODW
5.5.8
FOODMART ¢
CL
61-62.123
CUP 3968
CUP 3742
CUP 1876
GPA 348
PLAZA DE SEVILLE
SHOPPING CENTER
ML
5455-42 54-56-42
VAR 2096 5455-42
KING CUP 3909
-CHEMICAL
ALARM 76 S.S.
CURE
ML ML
5456-42 5455-42
5 W YO
545
42 NE
RK
mL cUP 1969 CARPETS
5455-42 VAR 209fi
ADCRAFT CENTER POINT
PRODUCTS .BUSINESS PARK
ML
ML 5455-42
-55.42 INDUSTRIAL
L METAL BUILDING
FAB.
u
>j
W
J
O
m
W
W
J
J
O
U
W
Q
f-
1as~
CL
RCL 76-77-60
RCL 64-65-15
66-67-76
CUP 3529 '
CUP 2145
CUP 610
PACIFIC PLAZA
BALL ROAD
CL
RCL 76J7~0
RCL 64-65.15
66-57-76
CUP 2062
CUP 610
BENIHANA
RESTAURANT
RM-1200
RCL 69-70-29
RCL 6758-61
VAR 2143
GLENAIRE
APARTMENTS
zzo Du
Conditional Use .Permit No. 214
TRACKING NO. CUP2003-04703
Requested By: EQUILON ENTERPRISES
EL TORITO
CL
RCL 62-83-02
RCL fi6.67.09
RCL 65-66-106
CUP 2003-0471
CUP 2746
CUP 214
VAR 3283
SHELL S.S.
CL
RcL 7s-77-60
RCL 6466-15
56-57-76
CUP 610
SAND DOLLAR
FINANCIAL PLAZA
A
D
y, ~ Subject Property
Date: June 2, 2003
Scale: 1" = 200'
Q.S. No. 116
REQUEST TO PERMIT AN ABOVE-GROUND PROPANE TANK IN CONJUNCTION
WITH AN EXISTING SERVICE STATION.
ML
RCL 56-57.76 (4)
C ie peon
1200 South State College Boulevard 705(20035-23)
Staff Report to the
Planning. Commission
June 2; 2003
Item No. 7
7a:' CEQA CATEGORICAL EXEMPTION. CLASS 11 (Motion)
7b. CONDITIONAL USE PERMIT NO. 214 (Resolution)
(TRACKING NO CUP2003-04703)
Environmental determination was originally advertised as aPreviously-Approved CEQA Negative Declaration.
SITE LOCATION AND DESCRIPTION:
(1) This rectangularly-shaped 0.49' acre property is located at the. southeast corner of State
College, Boulevard and Ball Road with frontages of 145 on the'east side of State College
and 145 feet on the south side of Ball Road (1200 South State College Boulevard ' Shell
Service Station).
REQUEST:
(2) The petitioner requests to permit an above-ground propane tank in conjunction with an
existing ervice station under authority of Code Section 18.03:091.
BACKGROUND:`
(3) -This properly is developed as a service station and is zoned CL (Commercial, Limited).
The Anaheim General Land Use Element Map designates this property,for General.
Commercial land uses.
(4) `Surrounding land uses are as fdllows:
birectfon D Land Use Zoning rGenerai Plan
Designation
North, across Ball Road Service Station CL Genetal Commercial
. .:(Chevron)
East Restaurant (EI Torito)', CL General Commercial
South: Retail Shops CL General Commercial
West, across State Service Station ML General Industrial
College Boulevard , (Union 76)
PREVIOUS ZONING ACTIONS:
(5) The following zoning actions pertain to this property;
°(a) Conditional Use Permit No.`2745 (to permit aself-service car wash in conjunction with'.
an existing service station) was approved by the Commission on January 6„1986. This
permit was not exercised and a car wash was never constructed.
(b) Variance No. 3283 (to waive maximum number of signs and minimum distance
between freestanding signs: to permiftwo canopy signs) was approved by the City
Council on November 2, 1982 following approval by the Commission_
(c) Conditional Use Permit No; 214 (to establish a service station) was approved by the
Commission on March 19; 1962,
Sf3026ey.doc
Page 1
Staff Report to the
Planning Commission
June 2, 2003.
Item No. 7
bISCUSSION:
(6) The petitionerproposes'to amend the previously-approved conditional use permit to permit
an above-ground propane tank in conjunction with an existing service station. The
business owner, Mr. Tim Lee, submitted a letter of request indicating their intent to install a
499-gallon vertical propane tank ih the southeast corner of the property for the
convenience of service tation patrons. The site plan (Exhibit Np:1) indicates the service
station is currently improved with three gas pump islands, a cashier's booth`and storage
builtling. The propane tank wouldbe located'approximately 15 feet from ttte south
property line and 10 feet from the east property line and'would nofencroach' into any
required setback.
(7) The plan further indicates the propane tank would be surrounded by 4-foot high crash
posts that would be set 4 feet apart and 4 feet from the tank. Aq required safety decals.
would be affixed to the tank, per the Uniform Fire Code: The petitioner also indicated the
proposed tanKwould have an overall heightbf 7.75 feet:
(S) The tank would be located in an open area of the property, and would be located
approximately 130 feet from Ball Road and 60 feet to the nearesYgas pump island to he
west.
(9) Staff has concerns with the aesthetics and the visibility associated with a tank of this
substantial height in apredominantly commercial area. The petitioner has worked with':
staff and, if this permit is approved; has agreed to install a horizontal propane tank rather
than a vertical tank. A horizontal tank would have a maximum overall height of
approximately 4 feet, as'opposed tp a heightbf 7.75 feet, greatly reducing the visibility of
thetank from both Bali Road and State College Boulevard. Additionally, according to fie
petitioner, State requirements would allow for a black wall to be constructed`adjacent to the
tank, providedYhat the wall be located at least four feeEfrom the tank. Staff:fias included
conditions of approval requiring the propane tank to befiorizontal; With a maximum overall
height of 4 feet, and thata 4- to 6-foot high block wall be constructed directly to the north of
the tank in order to adequately screen it from Ball Road: Visibility of the proposed tank'
from State College Boulevard would be minimal due to the existing gas pump islands
located between the proposed tank location :and the street.
(10) Staff is supportive of this request to permit an above-ground propane tank in conjunction
with"the existing service station based on the petitioner's intent to install a horizontal tank
and. the construction of a block wall to adequately screen the tank from Ball Road.
ENVIRONMENTAL IMPACTANALYSIS:
(11) The Planning Director's authorized representative has determined'that the proposed
project falls within the definition ofCategorical Exemptions, Section 15303,. Class 11
(Accessory Structures); as definedin the CEQA Guidelines and is therefore, exempt from
the requirement to prepare additional environmental documentation.
GROWTH MANAGEMENT ELEMENT ANALYSIS:
(12) Theproposed project has been reviewed by affected City departments to determine
whether it conforms with the City's Growth Management Element adopted by the City
Council on March 17, 1992. Basedon City staff reviewbf the proposed project, it has been
determined that this project does not fit within the scopenecessary o require a Growth'
ManagemenfElemenfanalysis, therefore, no analysis has been performed.
Page 2'
Staff Report to the
Planning. Commission
June 2', 2003
Item No! 7
FINDINGS:
(13) " Before the Commission grants'any conditional use permit, it must make a finding of fact
`that the evidence presented shows thafall 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 andithe
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 nofdetrimental 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.
(14) '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 for whicft such approval is granted is not being exercised within the
time specified in suct5 permit;
(c) That the use for whichsuch approval was granted has ceased to exist or has been
suspended or inoperative for any reason for a period of six (6) consecutive'months
or more;
(d) That the permit granted is being,br recently has been exercised contrary to the
terms or conditions of'such approval, or in violationbf any statute, ordinance, law
or regulation;
(e) That the use for which the approval was granted has been so exercised as to be
detrimental o the putilic health or safety, or so as to constitute a nuisance;
(f) That the use for which the approval was granted has hot been exercised, and that
based upoh additional information or due o changed circumstances, the facts
necessary o supportone or more of the required showings for the issuance of
such entitlement as set forth in his chapter no longerexist; and/or
(g) That any such modification, including the imposition of any additional conditions
tfiereto, is'reasonatily necessary to protecEthe public`peace, health, safety or
general welfare, or necessary to permit reasonable operation under the conditional
`use permit as granted:
Page 3
Staff Report to the
Planning Commission
June 2, 2003:
Item No. 7
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 presented in this staff report, and°oral and written evidence presented at tFie
public hearing, the Commission take the following actions:
(a)i By motion, determine that the project is Categorically Exempt under Section 15311,
Class 11 (Accessory Structures) of ttie CEQA Guidelines.
(b)` By resolution, aoorove this request to amend Conditional Use Permit No. 214
(Tracking No. CUP2003-04703) to permit an above-ground propane tank in
conjunction with an existing'service station based on the following:
(i) !That a service station is authorized in the'CL zone subject to the approval of
a conditional use permit.
(ii) '.That the proposed modification of this permit to allow an above-ground
;propane tank would`rtot adversely affect adjoining commercialland usesand
the growth and development of the area;;and that the proposed above- ?
ground propane tank, with proper screening, is compatible with the
`.surrounding commercial land'uses.
(iii) That the modification of the conditional use permit under the conditions
i imposed,'would notbe detrimental to the. peace, health, safety and general
welfare of the citizens of the City of Anaheim.
(c);' Staff further recommends that the Commission amend Resolution 270; Series 1961-
: 62 in its entirety, to be replaced by a new resolution with the following'conditions of
approval based on the finding that the modification is necessary to permit the
reasonable operation of this;service station and proposed above-ground propane
tank:
1. That plans shall be submitted to the Zoning Division showing the
installation of a fiorizontal propane tank'; with a maximum overall height of
4 feet.
2. That a plan shall be submitted showing: a 4- to 6-foot high decorative
masonry block wall to be donstructed directly to the north of'the tank in
order toprovide adequate screening from Ball Road. Further, the wall shall
be protected from graffiti opportunities; by the use'of plant materials such
as minimum 1-gallon size clinging vines planted on maximum 3-foot
I centers or tall shrubbery. Said information shall tie specifically shown'on
plans submitted for Zoning Division approval andbuilding permits.
3. That no signage advertising the propane tank shall be permitted on either
the tank' or the block wall
4. That the property shall be permanently maintainetl in an orderly fashion by
providing regular landscape: maintenance, removal of trashor debris,. and
1 removal of graffitiiwithin iwenry-four (24) hours from time of occurrence.
Page 4
Staff Report to the
Planning Commission
June 2; 2003
Item No: 7
5: 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.
6'. That the owner of the subject property shall submit a letter requesting
termination of Conditional Use Permit No. 2745 (to permit aself-service car
wash in conjunction with an existing service station) to ttie Zoningbivision.
7: That subject property sfialf be developed substantially ih accordance with
plans and`specifications'submitted to the City of Anaheim by thepetitioner
and which'plahs are on file with the Planning,Departmentmorked
Revision 1 of Exhibit No: 1 and Exhibit No. 2
8. That prior to the commencement of the activity authorized by this !
resolution, or prior to issuance of a building permit, or within a period of
one (1) year from the'date of this resolution; whicheveroccurs first,
Condition Nos. 1, 2, 5, and 6above-mentioned, shall be complied with.
Extensions for further time to complete said conditions maybe granted in
accordance with Section 18.03:090 of the Anaheim Municipal Cotle.
9; That prior to filial building and zoning inspections, Condition No. 7 above-
mehtioned; shall be complied with:'
10. That approval of this application constitutes approval of the proposed
request only. to the ezteht 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 requesf regardingahy otheFapplicable ordinance,
regulation dF~equirement.
Page 5
ATTACHIIEIJT - ITEi1 N0. 7
RESOLUTION N0, 7/U, $ERIE$ 1951-62 ~
A RESOLUTION OF T}1E CITY PLANNiNO COMMISSION OF THE CITY CF ANAHEIM
THAT PETITION FOR CONDITIONAL USE PERMIT 214 BE GRANTED
wH F.REAS, Iha Clty Planning Cemmladoa of tho City of Maholm did racalve a vori[lod Petition for Condltlonnl
Ue. Permit frpla XR. neln XRS. PARtO DOMINGU I2, 1i23 EAST SANTA ANA $T R[ET, ANANL IN, CALIfOPNI A,
ONNE R] OF CERTAIN REAL PaOP EaTY BITVA7 ED JN TN[ CITY OF ANANE IN, COUNTY Of DAANOE, Si ATC OF
C.AI IFONNI A, A] D[]CRIeED IN ErUIBIT ^A^, OR A] FDLLDN]t Tp.[ NORT11 203.00 fECt Uf TIIC uCST
2U:.Op /CC! Of $[CT ION 24, IOMN SNIP 4 $OU7N, RANGE 1D YElT, IN TNC RANCHO SAN JUAN CAJpN D[
SANTA ANA, LIIY ul AN ANI N, COUNTY Oi ORANpEr Si ATE OF CAL( FONNI A,. A] PCR MAP RCCOPD ED IN
floor hi e•r.F IO PF XI SC 4LANEOU] XAP], IN iN[ OFFICE OF TNC COUNTY REC ORO EA OF SAID 4PUNT Y.
end
~}1EP.EAS, the Clly Planning Cpmmlaelon did hold m pubUe hoaring at the Uty Hall In the Gty of Annhefm on
X•acN 19, :p62 at 2:C^ o'clock P.M., notleo of sold public heartng hming boon duly glvrn as required by
Inw and in acrordanee wLH the provlelone of the Mohelm Municipal rode, Chppter 18.64, to hear and eanaidn evldrnce
for end ngalml Bald proposed rondlllanRl uw and to lnvasHgata and make findings and rernmmcndRtlona In ronneetlon
theremllh; and
WHEREAS. eeid Commlaelon, attm due Impoetlon, iovesllgaCon, end study mode by itealf and In I!e behalf, and
a(i cr due conRlderallor pf ail evidrnee end repprta aHered et Gold hoaring, don find and determine the following facto:
I. TNPI the prppoaed uee le properly one for ahlch o Cpndltlonnl .Uee Permil is authorised by lhle Code, ip
wll: A SCPV ILC ]TAT IPN.
2. Tlmt the peo,:~acd uan x111 nol pdverealy effaA the adjoining land uoee and the growth and dwolppment p(
the area In wJach St la pros Pe.^d to be locsled.
I. Thal the el:^ end ehope of the alts propoeed for the use is edequeta en nlloa t6~ lull davolopment of the
proposed une In .manner not detdmentel tp the partlrnlor area na to tha pease, heol:h, safety, mrd 6rnere1 welfare
n(the Cltizene pf the City of Mohelm.
4. That the granting a! the Condlllanel Use Permit andm the condlllona Imposed, If any, will not be delrleiantal
to thn peace, hepl th, safety, end genorel welfare of lha Cltlaone of the Clly of Anehdm.
IN•! INf rNAffiC GEh ER AT FO BY THE PROPp5 E0 USE k.I LL NOT INPO:C AtJ URDU E BURDEN UPON
!NC `i'PLi!5 AND NIGIM1 n•.5 nE]ICNEn •ND PROPp]EP 10 LARRY THE TRAFi IC IH TNC AREA. '
i. INA1 NO ONE nPPEAREO IN OPPOSITION f0 SUP.IFf.T PET IT !ON.
C l-G d-
NOW, 7HF.REFORE, BE lT RFSOLVEb That B:e Aneholm Clty PlennTn{ CommlaPlan does hereby {rant aublect
Petition for Condition+l Uee Permit, rayon the loilnaln{ rnndlllona whleh are heroby lound to ba a notenaory prerequlPlCe'"
to the proposed use of the aubJed property In order to preserve the safely end general aellaro o! the C111P,H,. nl tho
City of Annhesm:
L. BEV ELD PMCNT SUB 9T.ANTIAIIY iN ACLORDANCC NITH EEHI®IT NOS: 1 AND ?.
2. IN9T ALLAT ION OF A 1'ORTY-1.0(42) INCH MAlO HNY HALL ALONG T/1[ EA9i AND EOUTN DOUNDAnl C1 Of
9U0J CLT PROPfiRIY PRIOR TO FINAL BUILnINO INSPECTION.
11. DCD ICAF IUH Ui SJ FLCT tRaM it1[ NONUM[NT CO L[NT[pLINC OF ST AT[ COLL CO[ BOULCVARO AND BALL
V ROAD, (]0 FEEr EYI ST INGI,
~. PRE PAMiION Oc 9t PCCt IHPROVEMLNT PANS AND IN4T ALLAT IOM OFALL IMPROV EMENT SFOp ST AT[
C'aLEOE BOULEVARD ANO BALL ROAD, SUeJ [LT TO THE APPROV AI OF TNf CITY ENDI NC CR AND IN
A~:ORDANC[NITN THS ADU PT [D ST AND4RD PLANS ON FILC IN TH[ OFFILC OF TIIE CITY ENG INEEN.
PAVMENr OF 52.00 PER FRONT FOOT FOR ST AEET LIOMT JNO PURP 09C9 OM $i ATE LOLL EOE BOULEVARD
AnD Bau ROAD.
v. TisD. u M rt Ai IDN OF ONC HU HONED EIGHTY (10U) DAYS FOP THE ACCOMPLI SNN CNI OF ITCH NOG• ],
4, AND 9,
THE FOREGOBiG RESOLUTION to signed end oppmved by me thlo 19TH DAY of NARCU, 1962
CHAIRMAN ANAHEIM CFfY PLANNMG COMMISSION
ATTEST:
~1
SEC` T ' Y ANAHEIM C17Y PLAN 'G C MISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) es
CfTV OF' ANAHEIM )
I, !^^.^ ?ass, Seteate:y DC the C:C' Plaan:a- Cemmis elDn o! the Clt Oi Anaheim, do hereb eerlir-'
~ ~ Y y that lha
Frei of n¢ r.+olutl^n sera pmncd and aEGRtad a m..iing of the Clty Pke.^.ninp Cr.,,mv-ston as (ha CIIS' -~ ,ahalm,
held an RAPtN 19, 19.2 al 1:00 o'clock !•.hb, by the Following voM o! the membere thercol:
e ycq rOu..IScIOHERS: ALLP.E=, Cne.P, CNAVO9, BAUCn, Hnncam,, Hu NGAI. ~-, FEe LEY, PERRY.
NOES: COMMISSIONERS: NaN[
A95ENT: COMMISSIONERS: HAPOOOn
INWITNESS WHEREOF, 1 have hereunto eat my hand this 19tH DAY o! HANEM, 1v61{~//'"j
r _wn_/ A A If /
SECRETA NAI{EL51 CITY PLANN V COIdMIS,9fON
R ESOLU'ilitN N~., /.~.
C2-G -1-
ITEM N0. 3
of I 1
ITR~OSEWOOD AVE
RS-7200 I-® a ¢ R
I of FacF1 I ; ? v~
RM-1200
RCL 70-71-07
VAR 2432
VAR 2195
CHAPARRAL APARTMENTS
280 DU
ROMNEYA DRIVE
QJ
A 1,LQOa.~9
~~ ~~E
~~ ~
CL '818235 ~~
RCL 76-77-06 '~-6631
cuPeol ~ RM-1200
RCL 75-76-36 vAa zeo4 g DU 4DU 6 DU
CANT BL PaooucE
MAaKer
32~ RCL 7 7-7641 VA
DG.
APART MENTS
rn
- BALSAMAVE l
D
C
CL U
RCL 75-76Jfi
BANK
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U
a
. ~ 4DU 3DU N
~°y ~ ~ V-1600 r
CL N
0
1 ~
ALBERTSON'S CUP 3098 S
-58 3
1
7 ~ f.0 ~ ~
VAC. el.DC q DU EACH ~ 4DU 3 DU 4DU
Conditional Use Permit No. 4187 <~ ' ~? Subject Property
TRACKING NO. CUP2003-04704 Date: June 2, 2003
Scale: 1" = 200'
Requested By: ISLAMIC INSTITUTE OF ORANGE COUNTY Q.S. No. 111
REQUEST TO AMEND EXHIBITS FOR APREVIOUSLY-APPROVED CHURCH TO PERMIT
PHASED CONSTRUCTION OF THE MAIN BUILDING AND PARKING LOT.
1220-1230 North State College Boulevard -Islamic Institute of Orange County 7ost2oo3szo>
0
PP.
Q
W
O
m m
W N
U
W
J
U '
~ R~
Q SEF
f- - FOC
U) N
N
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CL (MHP)
RCL 82-83-22
55-56-7
CUP 258
ANAHEIM ROYAL MORILHOME PARK°- '---
120 RESIDENTIAL SPACES
RS-A -43,000 (MHP)
RCL 02-33-22
ANAFIEIM ROYAL MOBILHOME PARK
273
~~ <;'"~
IB ~. ° /~
~~~
L
30V ~\ 3~J~
RM-1200 RCL Bfi-2
RCL 70-77-35 VAR 4[
RCL 70-71-12 VAR 3E
RCL 63-64-T9 APT`
CUP 469
VAR 2500
VAR 2237
VAR 2203
APA 6 DUNS ' `V
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~~y~o~~o
Staff Report to the
Planning,Commission
`June 2;2003
Item No 8
Sa.' CEQA NEGATIVE DECLARATION (PREVIOUSLY APPROVED)
Sb: '' CONDITIONAL USE PERMIT NO: 4187 (Motion for continuance) ',
(T~ackina No CUP2003-047041'
SITE LOCATIOMAND DESCRIPTIONr
(1) This irregularly shaped 1'.93 acre property is located north and east of the northeast comer of
' Placentia Avenue and State College Boulevard and has frontages'of 171 feet on the north side
ofPlacentia`Avenue, and 279 feefon the eastside of State College Boulevard (1220 - 1230
North State College Boulevard -Islamic Institute of Orange County).
REQUEST:
(2) The petitioner tequests to amend exhibits for. a previously approved church to permit phased
construction of the main building and parking lot.
BACKGROUND:''
(3) This property is developed with a partially constructed mosque and is zoned`CL (Commercial,
Limited). The'Anaheim General Plan Land Use Element Map designates the site for r
Commercial Professional land uses.
(4) Tim Cabellero; representing the Islamic Institute of Orange County, has submitted the attached
letter dated May 28,:2003, requesting atwo-week continuance tolhe June 16, 2003, Planning
Commission meeting in order to atldress site design and coordination issues with staff:':
RECOMMENDATION:
(5) Staff recommends that the Commission, by motion, continue this .item to the'June 16, 2003,
meeting to allow the petitioner time to address these items.
Sr5011jcdoc
Page 1
Wednesday, May 28, 2003 2:06 PM Tim Caballero 714-990-0207 p,01
ATTACH11E17T - ITEI1 iJD. 8
i ~NWNNyid
~pL,~W
To: John Ramirez
Assistant Planner
City of Anaheim
From: Tim Caballero 714.396.1423
Steven Phillips Architect
Re: CONTINUANCE
CUP 4187
Tracking File CUP 2003-04704
1220 N. State Coll®ge Boul®vard
Anaheim, California 92801
In order to work out site design and operational issues, wo would liko to request a continuanco of our
case from the June 02.2003 Planning Commission meeting to the 16~' of June meeting.
Thank you very much for your kind conslderatlon,
ITEM N0. 9
® I I RSd200
y 1 DU EACH-~
RS-7200
Q
1 DU EACH -
a W
Q ~ RS-72D0. _ _® UJ
~ t DU EACH ~
f-
LIZBETH AVE H
RS-7200
1 DU EACH ~
~
R0. s2~
RS
20
-07
VAR 7517 .~_
-7
0 _
1 DU EACH ~ ~
a-,
WAGNER AVENUE ~
1,M,,~_ 1a4,-+~
~
'
t
~ y
~
;;~ F <
RS-7200
~~ 1 DU EACH
J-1713
MAVERICK AVE
NORM PL
STRONG PL ~/ / ~\ / /
TRACT NO. 4716
RCL 65-66.49
Conditional Use Permit No. 2003-04705
Requested By: CALVARY BAPTIST CHURCH
REQUEST TO PERMIT A TELECOMMUNICATIONS ANTENNA WITH
ACCESSORY GROUND-MOUNTED EQUIPMENT.
w
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o
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~ ~
~~
~~Q-
RS-A-43,000
RCL 65-66.49
CUP 2003A470
CUP 1183
CUP 952
(CUP 2347)
(CUP 1661)
CHURCH
~= Subject Property
Date: June 2, 2003
Scale: 1" = 200'
Q.S. No. 125
A
D
2780 East Wagner Avenue -Calvary Baptist Church of Anaheim 7D7(zoo3-s-zo)
Staff Report to the'
Planning Commission
June 2 2003
Item No 9
9a: CEQA NEGATIVE DECLARATION (Motion)
9b ` CONOITIONALUSE PERMIT NO': 2002-04705 (Resolution) ;
SITE LOCATION'AND DESCRIPTION:
(1) i This irregularly-shaped 1.97-acre property has a frontage of 144 feet on the south side of
WagnerAvenue, a maximum;depth of 664 feet and'fs located 144 feet east of the'`
centerline of Marjan`Street (2780 East Wagner Avenue -Calvary Baptist Church'of
Anaheim):
REQUEST:
(2) The petitioner requests approval of a conditional use permit under the authority of Code
i Section 18.21.050.125 to permit a telecommunications antenna (disguised as a bell tower)
':with accessory ground-mounted equipment.
BACKGROUND: !:
(3) !This property is developed with an existing church and preschool built in'1967 and is zoned
RS-A-43;000 (Residential/Agricultural) Zone. The Anaheim General Plan Land Use
Element Map designates this property for. Low Density Residential land uses.
(4) Surrounding land uses are as follows:
Direction ' Land Use Zoning !"General Plan
Desi nation
North across Wagner
Avenue Single-Family Residences RS-7200 Low, Density ResidentiaU
East Vacant Land Couh of Oran a General O eh S ace ';
South'. Vacant Land Coun of Oran a Geheral O eh S ace
West Sine le-Famil Residences RS-7200 LowDensi 'Residential
PREVIOUS ZONING ACTIONS:
(5) The following zoning actions pertain to this property:
(a) Conditional Use Permit No. 1183 (to permit the expansion of an existing church
complex to include a440-seat sanctuary and pre-school: with waiver of maximum
permitted building heighfwas approved by the: City Couttcil on August 11, 1970)
following approval by the Planning Commission on June29, 1970.
(b) Conditional Use Permit No. 952 (to establish a church and Sunday chool and to
permit the use of an existing residence as parsonage) was approved by the: Planning
Commission on July 6,..1967.
srasos~n.dac
Page 1
Staff Report to the`.
Planning Commission
June 2' 2003
Item No_ 9
include mission the roofing and a cross on each elevation. The petitioner has also'
indicated;that no bells would. tie placed with in the tower.
ENVIRONMENTAL IMPACT ANALYSIS:
(10) The Staff has reviewed the proposal for a telecommunications antenna with accessory
ground-mounted equipment and the Initial Study (a[copy of which is available for review in
the Planning Department) and finds no'sjgnificantenvironmehtal impaofand, therefore,
recommends that a Negativebeclaratioh be approved upon a finding by the Planning
Commission that the Negative Declaration reflects he indepehdent judgment of the lead
', agency; and that it has considered the proposed Negative Declaration ogether with any
comments received during he public review process and further finding bn the basis of the
Initial Study and any comments received that there is no substantial evidence that the
project will have a significant effect on the environment.
GROWTH MANAGEMENT ELEMENT ANALYSIS:
(11) The proposed project has been reviewed by affected City departments to determine
whetheri it conforms with the: Guys 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 pertormed.
EVALUATION:
(12) Communications facilities and antennas, including `monopoles, are permitted in the
RS-A-43,000 Zone subject tothe approval of a conditional use permit. The Cade also
states that the heights of the antennas are to be determined 6y the conditional use permit,
(13) ;The petitioner's supplemental`information statement indicates that a search ring was
centeredat the ihtersection of Wagner Avenue and Sunkist Street, extending north to
South Street, south! to Baii Road, west to State College Boulevard and east to Rio Vista
Street. The petitioner has Indicated that his area is predominantly residential which left
minimal opportunities for siting a telecommunication facility. This site was specifically
selected'due to the need to provide coverage for the SR-5T;(Orenge) Freeway and
residences in this area. Further, it was Noted thaYas demand for cellular services'has
increased, the capacity of existing facilities has become inadequate. This location was
determined by Cingular's radio frequency engineers to offer the best stealth opportunity
while also providing desired coverage.
(14) The proposed location of the faux bell tower requires the removal and relocation of the
> existing;trash enclosure to the south end of the property adjacent to the east property line.
This proposal was acceptable to the Public Works, Streets and Sanitation Division. Further;'
this location allows the telecommunication facility to aestheticallly integrate into the
architecture of the existing church building. This location maximizes the distance from
residential properties and lessens potehtial visual' impacts of the bell tower to surrounding
properties.
(15) The Planning Department continues to discourage: unscreened telecommunication facilities
due to the significant cumulative visual impact on the community as a whole. Staff feels
that "stealth" installations are the best alternative to decrease visual clutter and advance
the aesthetic quality of the community. ;The proposed telecommunications facility;
disguised as a bell tower achieves the City's objective to screen these ypes of facilities;
therefore, staff recommendsapproval of this request.
Page 3
Staff Report o the
Planning Commission
June 2, 2003
Item No. 9
(16) Cotle Enforcement Division records indicate ho pending code violations for the church.
FINDINGS:
(17) 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'conditionsexlst:
(a) That the proposed use is properly one for which a conditional use permit is
authorized by the Zoning Code, or that said use'is not listed therein as being a
permitted use;
(b) That the proposed use will not adversely affect the adjoining land uses and the
growth and development of the area'in which if is proposed to be located;
(c) That the size and shape of the site forthe 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 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 not be detrimental to the peace, health, safety and general welfare of the
citizens of the City of Anaheim.
t2ECOMMENDATIONE
(18) Staff recommends that unless additional or contrary information is received during the
meeting, and based upon the evidence submitted to the Planning .Commission, including
the'evidence presented in this staff report, and oral and written evidence presented at the
public hearing that Planning Commission take the following actions:
(a) ; By motion, approve a CEQA Negative'Declaratioh.
(b) ; By resolution, a rove Conditional Use Permit No. 2003-04705 (to permit a
telecommunications antenna disguised as a belftower and'accessoryground-
mounted equipment) based'on the following:
(i) 'That the faux bell tower telecommunication facility as conditioned herein,
would not adversely affect adjoining land' uses and would not be detrimental
to the peace, health, safety and general welfare of the citizens of Anaheim
(ii) '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, fiealth, safety, and general welfare;
(iii) That the proposed faux bell tower telecommunications facility is consistent
with the goal of concealing such facilities'from putilic view by using existing
or proposed architectural features that complementthe site and surrounding
area.
Page 4
c Staff Report to the
Planning Commission
? June 2,'2003
Item No 9
(ivf Thaf he traffic generatedby the proposed use would not impose arz undue
burden upon a streetsand highways designed and improved to carry the
traffic in the area.
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 THISPERMIT ISAPPROVED. ';,
L That the telecommunications facility shall be disguised as a bell tower and shall be limited to 45-feet
in height:: The ground-mounted equipment shall be enclosed within the base of the bell tower. Said
information shall be specifically shown ch plans submitted for building permits.
2.'f That no signs, flags, banners br any other form of advertisingbr identification shall be attached to
the bell ower.
3, That the faux bell tower shall be finishetl with colors and materials that resemble areal bell tower
and match or complement the existing church, Said Information shall,be specifically shown'on plans
submitted for building permits'and shall?be reviewed and approved by the Zoning Division. Upon
completion of the tiell tower,'an Inspection shall be'conducted by the Zoning Division to determine
whether the colors and materials used are compatible with the commercial centerand resemble a
real bell ower. Any decisiommade by the Zoning Division regarding the exterior finish of the
structure may be'appealed to the Planning Commission and/or City Council.
4. `That any lighting of the bell tower shall be specifically shown on plans submitted for building permits.
5. !That the ground-mounted equipment shall be located entirely underneath and enclosed within the
faux bellitower and the cable'connecting to the equipment snail be underground and shall not be
visible tc the public. Said information shall be spec(fically shown on plans submitted for building
i permits.
6. That all equipment; including supply cabinets and power meter shall be installed on private property
and shall be screened from public view,`as approved by the Zoning Division. Said information shall
be specifically shown on plans submitted for building permits:
7 That theportion of the property being leased to the communication provider shall tie permanently
maintained in an'orderly fashion by providing regular landscape maintenance, removal of trash and
s debris, and removal of graffiti within twenty-four (24) hours from time of occurrence.
8. < That the Operator shall ensure that its installation and choice of frequencies will not interfere with the
800 MHz radio frequencies required by the City of Anaheim to provide'adequate spectrum capacity
for Public Safety and related'purposes.`
9. That at all times, other than during the 24-hour cure period provided in Condition No. 11 below, the
Operator shall not: prevent the City of Anaheim from having adequate spectrum capacity on the City's
800 MHz radio frequency.
10. That before activating its facility, the Operator shall submit to apost-installation test to confirm that
the facility does oot interfere with the: City of Anaheim's Public Safety radio equipment. This'test will
be conducted by the CommunicationsrDivision of the Orange County Sheriffs Department or a
Division.-approved'contractor at the expense of Operator.
Page 5
Staff Report to the
Planning Commission
June 2, 2063
Item No. 9 '
11. That the Operator shall'provide a 24-hour telephone number to the Zoning Division (to be forwarded
to the Fire and Police Departments) to which interterence problems may be reported; and shall
resolve all interference complaints withirr24 hours.
12. Tftat the Operator shalfprovide a "single point of contact' in its Engineering and Maintenance
Departmentsao ensure continuity on all interference issues. The name, telephone number, fax
number and a-mail address of that person shall be provided to Zoning Division.
13. That the Operator shail'ensure that any of its' contractors, sub-contractors o[ agents, or any other
user of the facility, shall comply with the terms and conditions of this permit'
14. That should this telecommunication facility be sold, the City of Anaheim Zoning Division shall be
notified within 30 days`of the close of escrow:.
15. That any required relocation of City electricalfacilities shall be at the petitioner's expense.
Landscape and/or ha~dscape screening of all pad mounted equipment shall be required and shall be
specifically shown on plans submitted for building permits.
16. That trash storage areas shall be provided and maintained in a location acceptable to the Publ(c
Works Department.
17. That the subject property shall be developed; substantially in accordance with the plans and
specifications submitted to the City of Anaheim by the: petitioner and which plans are on file withthe
Planning Department marked Exfiibit Nos. 1`through 5, and as conditioned fierein.
18. That prior to issuance of a building.. permit, or` within a period of one (1) yeatfrom the date of this
resolution, whichever occurs first, Condition Nos. 1, 3, 4, 5, 6, 15'and 16 above-mentioned, shalCbe
complied with. Extensions for further time to'complete said conditions maybe granted in accordance
with Section 18.03.090 of the Anaheim Municipal Code.:
19. That prior to final building and zoning inspections, Condition Nos. 10, 12 and 17, above-mentioned,
shall be complied with.
20. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal Code and any other applicable city; State and: Federal
regulations. Approval does not include any'action or findings as to compliance or approval of the
request regarding any other applicable ordinance, regulation or requirement
Page 6