PC 2003/07/14CITY OF ANAHEIM
PLANNING COMMISSION AGENDA
JULY 14, 2003
Council Chambers, City Hall
200 South Anaheim Boulevard, Anaheim, California
COMMISSIONERS"~G;41L EASTMAN, DAVID. ROMERO,`JAMES VANDERBILT,
;JERRY O'CON~IELL; (TWO VACANT`SEATS)~„
CALL TO ORDER ^ ,
PLANP111dG-COMfiflISSION MORNING SESSIOPJ 1~1;OO~A.~.
• STAFF UPDATE TO' COMMISSION ON VARIOUS CITY
DEVEL-OPMEN'fS AND ISSUES (AS REQUESTED BY
PLANNING COMMISSION)- , •'
• RRELIMINARYPLAN-REVIEW"FOR.ITEMS~ON,T.HE JULY'14, 2003 AGENDA
,~,
RECESS TO AFTERNOON PUBLIC-HEARING' SESSION ~ ` =.,'
-_
RECONVENE TO PUBLIC.HEARIN~..7'.3b-P.flfl.--- -'~ `"
For record keeping~purposes, if~you wish td make.a s7atementregardjpg any item on the agenda, please
complete a speakercard and su6m~t itYo the-secretary.';
PLEDGE OF ALLEGIANCE
PUBLIC COMMENTS
CONSENT CALENDAR
PUBLIC HEARING ITEMS "'
ADJOURNMENT
07-14-03
Page 1
RECONVENE TO PUBLIC HEARING AT 1:30 P.M.
PUBLIC COMMENTS:
This is an opportunity for members of the public to speak on any item under the jurisdiction of the
Anaheim Ciry Planning Commission or public comments on agenda items with the exception of public
hearing items.
CONSENT CALENDAR:
Item 1-A through 1-B on the Consent Calendar will be acted on by one roll call vote. There will be no
separate discussion of these items prior to the time of the voting on the motion unless members of the
Planning Commission, staff or the public request the item to be discussed andlor removed from the
Consent Calendar for separate action.
1. REPORTS AND RECOMMENDATIONS
A. (a) CEQA EXEMPTION SECTION 15061 (b)(3)
(b) RECLASSIFICATION NO. 2003-00108
(c) ZONING CODE AMENDMENT NO.2003-00024
Elisa Stipkovich, Anaheim Redevelopment Agency, 201 South
Anaheim Boulevard, Anaheim, CA 92805, requests initiation of a
reclassification anewly proposed downtown mixed-use overlay zone
within the Downtown Anaheim Area, and requests review and
approval of a draft Ordinance containing provisions to establish a new
Downtown Mixed-Use (DMU) Overlay Zone within the Downtown
Anaheim Area. Area is bounded by Lincoln Avenue, Harbor
Boulevard, Broadway, and Anaheim Boulevard.
B. Receiving and approving the Minutes from the Planning Commission
Meetings of June 30, 2003. (Motion)
Project Planner:
(dsee aC~.anaheim.net)
Q:S. 72, 73, 83
Sr2133ds.doc
07-14-03
Page 2
PUBLIC HEARING ITEMS•
2a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) Request for
2b. CONDITIONAL USE PERMIT N0.4187 Withdrawal
(TRACKING NO. CUP2003-04704) - _°-
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 comer of Placentia Avenue and State College
Boulevard (Islamic Institute of Orange County).
Request to amend exhibits for apreviously-approved church to permit
phased construction of the main building and parking lot.
Continued from the June 2, June 16 and June 30, 2003, Planning Project Planner:
Commission Meetings. (iaramirez(a~anaheim:net)
CONDITIONAL USE PERMIT RESOLUTION NO. O.S. 111
sr5022jr.doc
3a. CEQA CATEGORICAL EXEMPTION -CLASS 1 Request for
3b. WAIVER OF CODE REQUIREMENT continuance to
3c. CONDITIONAL USE PERMIT NO. 2001-04435 July 28, 2003
(TRACKING NO. CUP20D3-04712)
OWNER: Palmall Properties Inc., 1428 West Bay Avenue, Newport
Beach, CA 92661
AGENT: Louis Garret, Fat Daddy's Auto Spa, 900 West Lincoln
Avenue, Anaheim, CA 92806
LOCATION: 900 West Lincoln Avenue. Property is approximately
0.58-acre, located at the southwest corner of Lincoln
Avenue and Ohio Street (Fat Daddy's Hand Auto Spa &
Chicago Eatery).
Request to amend or delete conditions of approval for apreviously-
approved carwash with accessory take-out fast food service and to permit
a modular office trailer with waiver of minimum number of parking
spaces.'
Subsequent to this item being advertised, the petitioner revised the request to
delete the accessory take-out food service, modular office trailer and parking
waiver.
Continued from the June 16 and June 30, 2003, Planning Commission
Meetings. Project Planner:
(jgramirez@anaheim.net)
CONDITIONAL USE PERMIT RESOLUTION NO.
O.S. 62
sr5024jr.doc
07-14-03
Page 3
4a. CEQA CATEGORICAL EXEMPTION -CLASS 1 (READVERTtSED)
4b. WAIVER OF CODE REQUIREMENT
4c. CONDITIONAL USE PERMIT NO. 2003-04660
OWNER: Tran Thomas, The Vision Community Church, 1655 West
Broadway, Suite 6, Anaheim, CA 92805
AGENT: Francis Yoon, 1655 West Broadway, Suite 6, Anaheim, CA
92805
LOCATION: 1655 West Broadwav. Property is approximately 0.83-
acre having a frontage of 130 feet on the north side of
Broadway, located 525 feet east of the centerline of Euclid
Street.
To permit and retain a church within an existing office building with waiver
of setback for institutional uses adjacent to residential zones.
Continued from the June 30, 2003, Planning Commission Meeting.
CONDITIONAL USE PERMIT RESOLUTION NO.
5a. CEQA CATEGORICAL EXEMPTION -CLASS 1
5b. CONDITIONAL USE PERMIT NO. 2003-04718
OWNER: Don H. Watson, 2704 Cove Street, Corona Del Mar, CA
92625
AGENT: Steve Allan, Super Shuttle, 1901 South Chris Lane,
Anaheim, CA 92805
LOCATION: 1901 South Chris Lane. Property is approximately 0.63-
acre, having a frontage of 125 feet on the west side of
Chris Lane, located 245 feet north of the centerline of Gene
Autry Way (Super Shuttle).
To permit automotive repair in conjunction with a shuttle business.
CONDITIONAL USE PERMIT RESOLUTION tVO.
Project Planner:
(vnc nvood(o) ana h ei m. net)
Q.S. 54
sr8625vn.doc
Project Planner:
favazauez ananaheim.net)
Q.S. 108
sr8624av.doc
07-14-03
Page 4
6a. CEQA NEGATIVE DECLARATION
6b. WAIVER OF CODE REQUIREMENT
6c. CONDITIONAL USE PERMIT NO. 2003-04719
OWNER: Edward J. 6rumleu Jr., 18612 Mariposa Drive, Villa Park,
CA 92861
AGENT: Jerry King, 1280 North Sunshine Way, Anaheim, CA 92806
LOCATION: 1280 North Sunshine Way. Property is approximately
0.46-acre, having a frontage of 65 feet on the northerly side
of Sunshine Way, located at the easterly terminus of
Sunshine Way.
To permit and retain an automobile parts installation facility with waiver of
minimum number of parking spaces.
CONDITIONAL USE PERMIT RESOLUTION NO.
7a. CEQA CATEGORICAL EXEMPTION -CLASS 1
7b. CONDITIONAL USE PERMIT NO. 2003-04720
OWNER: Louis P. Smaldino, 13583 East Whittier Boulevard, Whittier,
CA 90605
AGENT: Nabil Houri, 12 Longstreet, Irvine, CA 92620
LOCATION: 804 South Anaheim Boulevard. Property is
approximately 0.43-acre, located at the southeast comer of
Anaheim Boulevard and South Street.
To permit a W.I.C. store.
CONDITIONAL USE PERMIT RESOLUTION NO.
Request for
continuance to
August 25, 2003
Project Planner:
(i Dram i rez(a~ana he m. net)
Q.S. 121
sr5021jcdoc
Request for
continuance to
August 11, 2003
Project Planner.
(evam6aoCa~ a n ahei m: net)
Q.S. 84
sr3032_aey.doc
07-14-03
Page 5
8a. CEQA NEGATIVE DECLARATION
8b. WAIVER OF CODE REQUIREMENT """
8c. CONDITIONAL USE PERMIT NO. 2003-04721
OWNER: Kewg T. Taing, 2031 Vista Canyon Road, Orange, CA
92867
AGENT: Jeff Farano, 2300 East Katella Avenue, Suite 235,
Anaheim, CA 92806
LOCATION: 1841 South State College Boulevard. Property is
approximately 1.0 acre, having a frontage of 187 feet on
the west side of State College Boulevard, located 470 feet
south of the centerline of Katella Avenue.
To permit a retail carpet and flooring business with waiver of minimum
number of parking spaces. Project Planner:
(evambao(a~anaheim.net)
CONDITIONAL USE PERMIT RESOLUTION N0. Q.S. 108
sr3033ey.doc
07-14-03
Page 6
ADJOURN TO MONDAY, JULY 28, 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:
3;0o P.M• ~,~ 10LZOO3
(TIME)
LOCATION: COUNCIL CHAMBER DISPLAY CASE AND
l ~C~OUNCIL DISPLAY KIOSK
SIGNED: ~o-..r~~-, ~".~-~-~^-'
If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this notice, or in a written
correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing.
RIGHTS OF APPEAL FROM PLANNING COMMISSION ACTION
The action taken by the Planning Commission this date regarding Reclassifications, Conditional Use
Permits and Variances shall be considered final unless, within 22 days after Planning Commission action
and within 10 days regarding Tentative Tract and Parcel Maps, an appeal is filed. This appeal shall be
made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the
City Clerk..
The Ciry 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.
07-14-03
Page 7
SC6-~El,l~E
2003
JULY 28
AUGUST 11
AUGUST 25
SEPTEMBER8
SEPTEMBER 22
OCTOBER 6
OCTOBER 20
NOVEMBER3
NOVEMBER I7
DECEMBER1
DECEMBER 15
DECEMBER 29
07-14-03
Page 8
ITEM IJO. 1-A
OGf GE 6l0G~ ~,p,9
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1
Zoning Code Amendment No. 2003-00024
Reclassification No. 2003-00108
Requested By: ELISA STIPKOVICH, ANAHEIM REDEVELOPMENT AGENCY
~p
REQUEST FOR REVIEW AND RECOMMENDATION FOR APPROVAL TO THE CITY COUNCIL OF A DRAFT
ORDINANCE CONTAINING PROVISIONS TO ESTABLISH A NEW DOWNTOWN MIXED-USE (DMU) OVERLAY
ZONE WITHIN DOWNTOWN ANAHEIM.
A COMMUNITY DEVELOPMENT DEPARTMENT REQUEST FOR INITIATION OF A RECLASSIFICATION
TO A NEWLY PROPOSED DOWNTOWN MIXED-USE OVERLAY ZONE WITHIN DOWNTOWN ANAHEIM.
Bounded by Lincoln Avenue to the north, Broadway to the south, Anaheim Boulevard to the east
and Harbor Boulevard to the west
857
Subject Property
Date: July 14, 2003
Scale: Graphic
Q.S. No. 72, 73, 83
ATTACH11EIdT - ITEM; t10. 1-A
Sent via Email
MEM®RAN®UM
COMMUNITY DEVELOPMENT DEPARTMENT
DATE: July 7, 2003
TO: David See, Senior Planner, Planning Department
FROM: Kerry Kemp, Senior Project Manager, Community Development
SUBJECT: Downtown Mixed-Use Overlay Zone
RCL 2003-00108 and ZCA 2003-00024
Planning Commission July 14, 2003
The Department of Community Development requests that the Planning Commission
review and approve initiation of a reclassification within the Downtown Sub-azea of
Redevelopment Project Alpha, and review and approve the draft ordinance containing
provisions to establish a Downtown Mixed-Use Overlay Zone ("Overlay Zone".
Mixed-use projects aze currently not allowed in the downtown area. Initiating the
reclassification and establishing the Overlay Zone will enable mixed-use projects within
the area that is generally bounded by Anaheim Boulevazd, Broadway, Harbor Boulevazd
and Lincoln Avenue. The Overlay Zone would allow for a variety of uses, including
residential and commercial, subject to design review and final plan review and approval.
Thank you for your assistance and consideration. If you have any questions or need more
information regazding this matter, please contact me at extension 4368.
c: Lisa Stipkovch
Brad Hobson
F:\DOCS\DE V S V CS\MEMOS\KKM3707A. DOC
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ATTACHMENT - ITEM fJo. 7-A
Attachment 2
Parcel Designation
The Disposition and Development Agreement ("Agreement") provides for the conveyance to the
Developer of Agency-owned property on three separate blocks, identified as Parcels A, B and
C. The Agreement also provides for negotiating the terms for Parcel D ("First Amendment"),
which is located at the southeast corner of Harbor Boulevard and Lincoln Avenue.
Potential Scope of Development (All Parcels)
The Developer will construct all of the improvements on Parcels A, B, C and D. New parking
structures will be conveyed to the Agency, and the Developer will retain ownership of all other
buildings. An alternative use of the former library site -which is now identified as Parcel A3 - is
being addressed. This potential use includes a modern private culinary school with a Local
History Center and other suitable public or civic uses.
Alternative site plans for Parcel C are also being examined, as a result of the prohibitively high
cost of constructing a new podium on top of the existing parking structure located at 411 West
Broadway. Alternative building designs for Parcels A3 and C will be presented to the focus
group and to the Agency at a later date, as well as material samples and exterior colors for
Parcels A1, A2 and B. Landscape and signage plans for the Project will also be presented later.
The proposed scope of development includes:
ParcellD A B C D
Residential 119 units 87 units 92 - 213 units 125 units
Retail' 18,906 s.f. 6,000 s.f. 29,000 s.f. NA
Civic/Cultural** 10,000 s.f. NA NA NA
Other*** 55,000 s.f. NA NA NA
New Parkin 300 s aces 150 s aces 55 s aces 125 s aces
"Includes 7,286 s.f. on Parcel A2 desi ned as combinable, but not connected, live/works aces.
'"Includes 10,000 s.f. on Parcel A3 desi ned to house local histo center, other civil ublic s ace.
"'"Includes otential culina school on Parcel A3.
ATTACHt1ENT - ITEM No. 1-A
ORDINANCE NO.
AN ORDINANCE OF TAE CITY OF ANAHEIM ADDING
NEW CHAPTER 18.100 TO TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO ZONING
(DOWNTOWN MLYED-USE OVERLAY ZONE).
_ THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY
ORDAINS A S FOLLOWS:
SECTION 1.
That new Chapter 18..100 be, and the same is hereby, added to Title 18 of the
Anaheim Municipal Code to read as follows:
CHAP'T'ER 18.100
DOWNTOWN MIXED-USE (`DMU') OVERLAY ZONE
Sections:
18.100.010 DESCRIPTION AND PURPOSE
18.100.020 DELINEATION OF DOWNTOWN MIXED-USE OVERLAY ZONE
18.100.030. GENERAL PROVISIONS
18.100.040. FINAL PLAN REVIEW AND APPROVAL.
18.100.050 PERMITTED PRIMARY USES AND STRUCTURES
18.100.060 PERMITTED ACCESSORY USES AND STRUCTURES
18.100.070: PERMITTED TEMPORARY USES AND STRUCTURES
18.100.080: CONDITIONAL USES AND STRUCTURES
18.100.090 PROHIBITED USES AND STRUCTURES
18.100.100:. PERFORMANCE STANDARDS AND DESIGN COMPATIBILITY
18.100.110 REFUSE STORAGE AREAS -
18.100.120 SCREENING
18.100.130 VEHICLE PARKING REQUIREMENTS
18.100.140 SIGNAGE
18.100.150 DEDICATIONS AND IMPROVEMENTS
18.100.160 DEVELOPMENT REVIEW AND PERMITS
1
18.]00.010 DESCRIPTION AND PURPOSE
The purpose of the Downtown Mixed-Use (DMU) Overlay Zone is to allow for mixed=
use development projects within. a defined area of the downtown. The DMU Overlay Zone may
be applied to parcels located between: Lincoln Avenue on the north, Broadway on the south,
Anaheim Boulevard on the east, and Harbor Boulevard on the west. The DMU Overlay.Zone
combines with any underlying zone within the overlay zone area. The regulations which apply to
property in any zone with which the DMU Overlay Zone is combined shall remain the same,
except as to the matters specified in this Chapter. This Chapter shall apply in lieu of or in
addition to and shall supersede the corresponding regulations of such zone with which the DMU
Overlay Zone is combined. The intent of the DMU Overlay Zone is to accomplish the following
major objectives:
.010 To encourage superior designed mixed-use development projects that combine
residential with non-residential uses including office, retail, business services,
personal services, public spaces and uses, and. other community amenities as a
means to continue downtown revitalization.
.020 To encourage a full array of diverse land use types and structures including
redevelopment of existing structures, creating an active street life, and enhancing
vitality of businesses.
.030 To encourage pedestrian activity and reduce dependence on the automobile for
everyday needs.
.040 To encourage compatibility between residential and corrunetcial uses both on-site
and where residential zones directly abut commercial zones by permitting greater
design flexibility..
.050 To ensure that the appearance and effects of buildings, improvements, and uses
are harmonious with the character of the area in which they are located....
.060. To ensure consistency with and implement the provisions of the Redevelopment
Plan for the Alpha Downtown Redevelopment Project Area and related plans for
Downtown Anaheim.
18.100.020 DELINEATION OF DOWNTOWN MIXED-USE OVERLAY ZONE
The DMU Overlay Zone covers an area consisting of approximately thirty-five and forty-
seven-thousandths (35.47) acres generally located between: Lincoln Avenue on the north,
Broadway on the south, Anaheim Boulevard on the east, and Harbor Boulevard on the west, The
boundaries of the DMU Overlay Zone are delineated and legally described and depicted in
attached Attachment A, entitled "Legal Description and Depiction of DMU Overlay Zone
Property."
2
18.100.030 GENERAL PROVISIONS FOR THE DMU OVERLAY ZONE
.010 Applicable Regulations. Unless otherwise set forth in this Chapter, the
permitted, accessory, and conditionally permitted uses in the DMU Overlay Zone
shall be those permitted by the underlying zone. The regulations and
development standards that apply to the underlying zone of property in the DMU
Overlay Zone shall remain the same except as specified in this Chapter. The
provisions of this Chapter shall apply in addition to, and where inconsistent with,
shall supersede the corresponding regulations of such underlying zones in the
DMU Overlay Zone.
.020 Implementation. No building permit shall be issued pursuant to this Chapter
prior to Final Plan approval by the Planning Commission, as set forth in Section
18.100.040 'FINAL PLAN REVIEW AND APPROVAL; unless expressly
exempted in subsection 18.100.040.020 'Final Plan Exemptions:' Construction in
the DMU Overlay Zone may commence only after the Planning Director or the
Planning Director's designee finds that the project is in compliance with the
regu}ations, applicable policies and guidelines of the DMU Overlay Zone and the
approved Final Plan, if applicable.
.030:. Exceptions. With the exception of the requirements specified beiow, the
regulations of this Chapter shall not apply to parcels being developed entirely
under the underlying zone, provided that:..
.0301 All requirements of the underlying zone are being met by the project,
except as specifically approved otherwise in conjunction with a
conditional use permit, variance or administrative adjustment permitted
in accordance with the facts, conditions, procedures and required
showings specified in Chapter 18.03 'ZONING PROCEDURES -
AMENDMENTS, CONDTI'IONAL USE PERMITS AND
VARIANCES' and Chapter 18.12 'ZONING ADMINISTRATOR' of this
Code;
:.0302 All applications submitted to the Planning Department of the City of
Anaheim for projects lying within the DMU Overlay Zone which also ]ie
within the boundaries of the Alpha Downtown Redevelopment Project
Area shall be forwarded to the Community Development Department for
review: The Execufive Director of Community Development, or the
Executive Director's designee, (the "Executive Director") shall review
each application and meet and consult with the applicant with respect to
land use compatibility and the design features of the proposed project,
and may propose changes where appropriate in order to promote high
quality urban design. From time to time the Executive Director may
propose, and the Redevelopment Agency may adopt, design guidelines to
assist in the review of applications.
3
.040 Legal Nonconforming Uses.
.0401 A legally created use in existence upon the date of adoption of this
Chapter which is prohibited by this Chapter will not be subject to the
provisions of subsection 18.02.058.014 of the Code, provided fhat such
use has been continuously in operation since the adoption of this
Chapter._
.0402 A legally created use in existence upon the date of adoption of this
..Chapter which (1) is prohibited by Section 18.100.090 of this Chapter
(prohibited uses) and (2) was approved subject to a time limitation, shall
be eligible for reinstatement pursuant to the provisions of 18.03.093
notwithstanding the requirement of Section 18.03.093.040.041 that
before a conditional use permit may be reinstated, a finding must be
made that the use is one for which a conditional use permit is authorized.
18.100.040 FINAL PLAN REVIEW AND APPROVAL.
.010 Review and Approval.
.0101 Prior to issuance of a grading permit for a Planned Mixed-Use
Development in the DMU Overlay Zone, Final Plans, including, but not
necessarily limited to, site plans; preliminary landscape plans, parking,
pedestrian and vehicle circulation plans including access to adjoining
public rights-of--way, and such other plans and information as maybe
required by the Planning Director or the Planning Director's designee
and/or the Planning Commission, shall be prepared and submitted to the
Planning Department for review and approval by the Planning
Commission as a Reports and Recommendations' item in accordance
with the procedures and containing the informafion set forth in the Final
Plan Review Application; as adopted by resolution of the Planning
Commission and on file with the Planning Department. If the Final
Plans are found to be in conformance with the provisions of this Chapter,
the Final Plans shall be approved. The Planning Commission's decision
shall be final unless appealed to the City Council within fifteen (15) days
from the date of such decision.:
.0102 Prior to issuance of a building permit for a Planned Mixed-Use
Development project in the DMU Overlay Zone, Final Plans, including,
but not necessarily limited to, site plans, floor plans, elevations, roof and
ground-mounted equipment plans, sign plans, landscape plans, fence and
wall plans, parking, pedestrian and vehicle circulation plans including
access to adjoining public rights-of--way, exterior lighting plans, line-of-
sightdrawings, and such other plans and information as may be required
by the Planning Director or the Planning Director's designee and/or the
Planning Commission, shall be prepared and submitted to the Planning
Department for review and approval by the Planning Commission as a
'Reports and Recommendations' item in accordance with the procedures
and containing the information set forth in the Final Plan Review
Application, as adopted by resolution of the Planning Commission and
on file with the Planning Department. If the Final Plans are found to be
4
in conformance with the provisions of this Chapter, the Final Plans shall
be approved. The Planning Commission's decision shall be final unless
appealed to the City Council within fifteen (15) days from the date of
such decision.
.020 Final Plan Exemptions. The following are exempt from the Final Plan review
and approval process:'
.0201 Interior building alterations, modifications or improvements which do
not result in an increase to the gross square footage of the building and
which do not increase the parking requirements.
:0202 Minor building additions or improvements to or at the rear of a building
or development complex which are not visible to public rights-of-way;
do not exceed five percent (5%) of the gross square footage of the
existing buildings or one thousand (1,000) square feet, whichever is less
and which do not increase the parking requirements.
.0203 Landscape improvements or modifications which are not in connection
with building modifications that require Final Plan review and approval.
.030 Planning Department Review of Exemptions. The above-described
exemptions shall be submitted to the Planning Department and shall be reviewed
for conformance with the provisions of this Chapter prior to issuance of a
building permit or approval of landscaping plans:
.040 Environmental Review. Notwithstanding any other provision of this ChapteY,
Final Plan review by the Planning Commission under subsection 18.100.040.010
'Review and Approval' shall include a ministerial determination whether the
proposed building, stmcture or use has been environmentally cleared on a
project-specific level by the Environmental Impact Reports for the Disposition
and Development Agreement between the Anaheim Redevelopment Agency and
Koll Anaheim Center Associates, Resolutions 90R-13 and ARA 90-1, adopted
January 9, 1990, Subsequent Environmental Impact Report for Parcels 8 and 9 by
Agency Resolution ARA-83-84, adopted November 8;.1983, Supplemental
Environmental Impact Report for Froject Alpha, Parcel 10 by Agency Resolution
ARA-83-85; adopted September 6, 1983, and Final Subsequent Environmental
Impact Report for the Second Amendment to the Redevelopment Plan for Project
Alpha by Agency Resolution ARA 76-38, adopted November 23, 1976, and/or
any other final environmental documentation. If not, then the proposed activity
shall be subject to preparation of an inifial study and potential further
environmental review and mi6ga6on pursuant to the procedures outlined for
subsequent projects under a Master E.LR. in Public Resources Code Section
21157.1.
.050 Appeal of Planning Commission Action. An appeal shall be processed in the
same manner as appeals for decisions regarding reclassi5cations, conditional use
permits and variances as set forth in Sections 18.03.080 through 18.03.084 of this
Code except that the appeal period shall be fifteen (1 S) days.
5
.060 Development Review and Permits. Prior to commencing any work pertaining
to the construction, erection, reconstruction, moving, conversion, alteration or
addition to any building or structure within the DMU Overlay Zone, all building
and site plans shall be subject to review by the Zoning and Building Divisions of
the Planning Department for conformance with the approved Final Plais and
permits shall be secured from the Building Official of the City of Anaheim in
compliance with all provisions of Section 18.04.090 Development Review and
Permits -General' of this Code; provided that where there are existing buildings
and structures on a site for which more intensive development is proposed under
the provisions of the DMU Overlay Zone, no building permit shall be issued until
the Building Official and the Fire Chief have certified that the existing buildings
and structures are safe for occupancy.
.070 Landscape Plan Review: The location of all proposed on-site and off-site
landscaping including irrigation facilities, and landscaping within the parkway
area (the area within the ultimate street right-of--way as described in the
Circulation Element of the Anaheim General Plan), shall be shown on a site plan,
drawn to scale, and shall be subject to review and approval by the Planning
Department prior to installation. Such plans shall be consistent with Final Plans
approved pursuant to subsections 18.100.040.010 'Review and Approval' and
18.100.040.050 'Appeal of Planning Commission Action' of this Chapter.
18:100.050 PERMITTED PRIMARY USES AND STRUCTURES
Subject to the provisions of the DMU Overlay Zone, the following primary uses,
buildings and structures, either singly or in combination, shall be permitted in the DMU Overlay
Zones
.010 "Planned Mixed-Use Development " A'Planned Mixed-Use Development
shall consist ofmixed-use projects involving attached one-family dwellings,
multiple-family dwellings, condominiums, apartments; stock cooperatives.,
townhouses, rowhouses, lofts, home occupation, residential planned unit
developments, senior citizen apartments (subject to Chapter 18.94 of this Code),
or other forms of clustered residential dwellings; combined with any of the non-
. residential uses listed below. Other uses shall be permitted accessory uses as
specified in Section 18.100.060 of this Chapter, provided that conditional uses
may also be permitted subject to the provisions of Section 18.100.080
'Conditional Uses and Structures' of this Chapter:--A Planned Mixed-Use
Development' shall have a comprehensive site plan. Such a development may
consist of one (1) or more parcels orlots. Parcels without frontage on a public
street will be permitted if the appropriate easements, as required by the City
Public Works Department, are recorded to provide adequate and safe vehicle and
pedestrian access between all parcels, and between all parcels and adjoining
public rights-of--way. The design of buildings, signs, landscaping and other
structures or elements shall feature a unified and integrated theme. Such a
development typically includes shared vehicle and pedestrian circulation, shared
parking, and common areas such as landscaping. All vehicle access shall be
from a vehicle circulation system designed and improved in accordance with the
applicable City Engineering Standards. Covenants, Conditions and Restrictions
('CC&R's'), as required and approved by the City Attorney, Planning Department
6
and Public Works Department, shall be recorded prior to issuance of a building
permit or prior to approval of a final subdivision map, whichever occurs first, to
provide for the common maintenance of all exterior elements including, but not
necessarily limited to, access ways, parking areas, landscaping, irrigation
facilities, signs and other common amenities or features. The conversion of
existing structures into Planned Mixed-Use Development projects or other
similar mixed uses, except those listed in Section 18.100.090, may be approved
by the Planning Commission as part of a conditional use permit, based on
project-specific features and conditions. Permitted non-residential uses
contained within a Planned Mixed-Use Development may include the following:
0101 Accounting, bookkeeping, CPA firms, and temporary CPA firms
0102 Advertising agencies.
.0103 Antique shops.
.0104 Appraisers.
.0105 Art, music and photography studios.
.0106 Bakeries and donut shops.
.0107 Banks and financial firms.
.0108 Barbers, beauty shops, and nail salons.
.0109 Book stores.
.0110 Brokers offices: real estate, business opportunities, etc.
.0111 Business systems companies.
.0112 Clothing and shoe stores.
.0113 Communication consultant offices.
.0114 Computer analysis firms.
.0115 Confectionery and candy stores.
.0116 Credit reporting agencies.
.0117 Designer offices: industrial, interior, graphic.
.0118 Drugstores and pharmacies.
.0119 Dry cleaning (drop-off and pick-up convenience center without on-site
dry cleaning) businesses.
.0120 Facility maintenance and planning firms.
7
.0121 General professional business offices. __
.0122 Gift shops.
.0123 Health clubs, health spas, day spas, and physical fitness facilities (of
4,000 square feet in gross floor area or less).
.0124 Hobby shops:
.0125 Insurance companies and agencies.
.0126 Inventory services.
.0127 jewelry stores.
.0128 Leasing companies.
.0129 Management consultants and management companies.
.0130 Markets or grocery stores over fifreen thousand (15,000) square feet
.0131 Marketing research firms.
.0132 Medical and dental offices.
.0133 Museums and art galleries.
.0134 Outdoor seating or dining.
.0135 Personnel agencies.
.0136 Postal or mailing services.
.0137 Real estate development companies.
.0138 Sales offices.
.0139 Secretarial and business services.
.0140 Restawants: full-service, coffee shops, sandwich shops, and
delicatessens.
.0141 Video, DVD, music, and electronics rental or sales stores.
A142 Uses or activities not listed, nor specifically prohibited, in this Chapter
which are determined by the Planning Commission to be compatible with
the intended purpose of the DMU Overlay Zone.
8
18.100.060 PERMITTED ACCESSORY USES AND STRUCTURES
The following accessory uses, buildings and structures, are permitted only when they are
integrated with a Planned Mixed-Use Development, and clearly incidental to permitted primary
uses, and may include the following:
.010 Administrative, maintenance, and/or indoor storage facilities necessary to support
the operation of permitted primary uses.
.020 Amusement devices, subject to the provisions of Chapter 4.14'Amusement
Devices' of this Code.
.030. Garages, carports and utility rooms or structures.
.040 Home occupations, subject to the provisions of Section 18.02.052.042 `Home
Occupations' of this Code.
.050 Parking structures and parking lots.
.060 Pedestrian amenities such as outdoor seating, outdoor plazas, covered walkways,
and fountains.
.070 Porte-cocheres.
.080 Recreational buildings, structures and uses, including but not limited to,
swimming pools, cabanas, dressing rooms, golf courses, putting greens and court
game areas.
.090. Restaurants, fast food and walk-up, enclosed or semi-enclosed..
.100. Signs subject to the provisions of this Chapter:
110 Telecommunications facilities that are completely screened from view or
disguised as an integral architectural feature.
120 Thematic elements, such as athree-dimensional object or non-occupiable
structure such as a gateway, tower, public art display, monument, fountain,
sculpture, spire, and similaz architectural features.
18.100.070 PERMITTED TEMPORARY USES AND STRUCTURES
The following temporary uses, buildings and structures shall be permitted where
integrated within a Planned Mixed-Use Development, subject to the conditions and limitations of
the DMU Overlay Zone:
.010 Construction office trailers, where the appropriate permits have been obtained
from the City.
.020 Grand opening banners, where the appropriate permits have been obtained from
the City.
9
.030 Open air festivals, where the appropriatepermits have been obtained from the '
City. Open-air festival includes an outdoor event oriented to tourists and visitors,.
and may include a public gathering, speech, concert, presentation, or show.
18.100.080 CONDITIONAL USES AND STRUCTURES
_ The following uses, buildings and structures shall be permitted where integrated with a
Planned Mixed-Use Development as defined in subsection 18.100.050.010 of this Chapter, and
shall further be subject to the conditions and required showings of Section 18.03.030
'CONDITIONAL USE PERMITS (C.U.P.'s) - GENERAL' of this Code. The site development
standards of this Chapter shall apply except as otherwise provided herein or as specifically
approved in conjunction with a conditional use permit.
.010 Amusement device arcades, subject to the provisions of Chapter 4.14, entitled
"Amusement Devices," of this Code.
.020 Banquet halls.
:030 Bars, nightclubs, and public dance halls.
.040 Bowling, pool, or billiard centers.
.050 Breweries, including the on-premises sale and consumpfion of beer or ale.
', .060 Business, vocational, trade schools and training centers:
.070 Carts and kiosks. If food service is proposed in a cart or kiosk, the application
for a conditional use permit shall include a complete description of how food
products will be refrigerated and/or heated, and how utensils, appliances and
equipment will be cleaned.
.080 Churches or other religious institutions. -
.090 Computer rental/intemet amusement businesses.
.100 Day care facilities with eight (8) or more children.
.110 Health spas and physical fitness centers (of four thousand [4,000] square feet in
gross floor area or larger).
.120 Hotels.
130 Laundry, self-service establishments.
140 Liquor stores.
150 Markets or grocery stores having an interior building floor area of less than
fifteen thousand (15,000) square feet.
10
160 Private educational institutions.
170 Private lodges, clubs, fraternities and sororities.
.180 "Residential or Group Care Facilities," as defined in Section 18.01.190 of tfiis
Code, for seven (7) or more residents, subject to the criteria and standards in
Section 18.04.160 of this Code:
:190 Sale of alcoholic beverages for on-premises consumption and/or off-premises
consumption, except as otherwise expressly permitted in this Chapter.
.Z00 Telecommunication facilities other than those listed in Section 18.100.060.110 of
this Chapter.
.Z10 Uses or activities not listed, nor specifically prohibited, in this Chapter which are
determined by the Planning Commission to be compatible with the intended
purpose of the DMU Overlay Zone:.
18.100.090 PROHIBITED USES AND STRUCTURES
The following uses, buildings and structures are specifically prohibited in the DMU
Overlay Zone where integrated within a Planned Mixed-Use Development:
.010. _AnimaLgrooming; animal hospitals.
.020 Billboards, as described in subsection 18.05.020.010 of this Code, and other off-
.:site advertising.
.030 Bus depots.
:040 Drive-up or drive-through services associated with any commercial use.
.050 ; Dry cleaning establishments with on-site dry cleaning.
.060 Motels.
.070 Mortuaries.:
.080 Outdoor storage.
:090 Pawnshops.
100 Saunas or Turkish baths.
110 Sex-oriented businesses, as defined in subsection 18.89.020.F of this Code.
120 Tattoo parlors.
130 Thrift stores.
11
18.100.100 PERFORMANCE STANDARDS AND DESIGN COMPATIBILITY
The following performance standards for Planned Mixed-Use Developments are
necessary to preserve the community health, safety and general welfare; promote the
development of Planned Mixed-Use Developments that combine residential with non-residential
uses; encourage a full array of diverse land use types and structures, create an active street life,
encourage pedestrian activity, ensure that the appearance of buildings, improvements, and uses
are harmonious with the character of the area in which they are located; and promote the safe and
efficient circulation of pedestrian and vehicular traffic. Innovative project design, particularly
involving in-fill development and reuse of existing structures, is encouraged. The Planning
Commission and/or City Council may grant an exception to these standards when the application
of the standards would be inappropriate based on existing lot, site, or building configuration,
compatibility of adjacent uses, and the inclusion ofpedestrian-oriented space or amenities along
the street side. These guidelines will be evaluated on a case-by-case basis during the Design
Review Process for the Final Plan Review. The following design compatibility provisions are
intended as basic principles for achieving high-quality Planned Mixed-Use Developments within
the Downtown Area.
.010 Structures.
.0101 Maximum building and parking structure heights; minimum
recreational/leisure area, maximum density, setbacks, maximum lot
coverage, floor area ratio, minimum lot size, and minimum dwelling unit
size for the residential units; shall be determined by the final plan review
process.
.0102 Parking structures should be screened from view at street level and
include architectural detailing, fagade treatment, artwork, landscaping, or
similar visual features to enhance the street fagade. Screening of floors
above street level is encouraged through the use of vines or architectural
screening detail that is compatible with the project.
.0103 The street wall of any parking structure, excluding vehicular access
areas, should include street level retail/commercial uses in a portion of
said structure. Exceptions to this requirement for the conversion,
alteration, or enlargement of existing structures may be granted by the
Planning Commission, based on a finding that it is impractical to modify
an existing structure.
.0104 Street wall Facades should be architecturally enhanced through the use of
arcades, colonnades, recessed entrances, window details, bays, variation
in building materials, and other details such as cornices and contrasting
colors. Total blank wall .areas (without windows or entrances) are
discouraged. Building facades should be articulated through the use of
separated wall surfaces, contrasting colors and materials, variations in
building setbacks, and attractive window fenestrations.
.0105 Street wall facades should be integrated with public plazas, urban pocket
parks, outdoor dining, and other pedestrian-oriented amenities.
12
0106 Discouraged building materials include: plain concrete block, plain
concrete, corrugated metal, plywood, sheet pressboard, and vinyl siding.
.0107 Buildings at comers of intersections should receive special treatment to
enhance the pedestrian. experience and create visual interest and focal
points at the entryways. Building cut-offs and comer entrances with
additional architectural detail are encouraged.
.0108 Tops of building facades should be visually terminated through the use
of cornices, stepped parapets, hip and mansard roofs, stepped terraces,
domes and other forms of multifaceted building tops.
.0109 Projecting features such as balconies, porches, bays, and dormer
windows are encouraged to create visual interest and distinction between
units. Trim detail on rooflines, porches, windows and doors on street-
facing elevations is encouraged.
.0110. Building design should incorporate an architectural theme that is
compatible with nearby uses: Architectural details should draw upon
locally historic buildings or other nearby features that contribute to the
unique aesthetic ambiance of the downtown area.
.020: Streets, Sidewalks, and Traffic..
.0201 Traffic calming and special street design features (subject to the approval
of the City Traffic and Transportation Manager) such as enhanced
paving, neckdown intersections, and separated sidewalks with street trees
are encouraged.
.0202 The street-side setback area should include landscaping or a decorative
hard-surface expansion of the sidewalk. Decorative benches and
pedestrian-scaled street lights, benches, trash receptacles, planters, and
other attractive street furnishings are encouraged. Walkway connections
to building entrances should include special paving treatment or modular
paving materials__ The use of awnings, canopies, and arcades is
encouraged to provide visual interest and shade.
.0203 Pedestrian, bike, and visual connections and/or well-designed transit
stops should be made wherever auto connections are infeasible due to
traffic, physical constraints or other considerations.
.0204 Outdoor seating and dining areas in conjunction with full-service
restaurants, coffee shops., and bakeries are encouraged and should be
designed so as not to adversely affect the safe and efficient circulation of
pedestrian and vehicular traffic
.0205 On-site pedestrian circulation should be continuous and connect various
uses on site, as wet] as connect to off site transit stops, and parking.
13
.030 Residential
.0301
.0302
:0303
The residential units should be designed to ensure the security of '
residents through the provision of secured entrances and exits that are
separate from the non-residential uses and are directly accessible to
parking areas. Non-residential and residential uses shall not have
common entrance hallways or common balconies. Elevators should be
provided as required in the "RM-1200" (Residential, Multiple-Family)
Zone.
Commercial uses should be designed and operated, and hours of
operation limited, where appropriate, so that neighboring residents are
not exposed to offensive noise, especially from traffic, routine vehicular
deliveries, or late night activity.
Residential portions of the project should be designed to limit the interior
noise caused by the commercial and parking portions of the project to a
maximum of 45 db CNEL on an annual basis in any habitable room with
..windows closed. Proper design may include, but should not be limited
to, building orientation, double-paned or extra-strength windows, wall
and ceiling insulation, and orientation and insulation of vents. Where it
is necessary that windows be closed in order to achieve the required
level, means should be provided for ventilation/cooling to provide a
habitable environment.
.0304 No use, activity or process should produce continual vibrations or
noxious odors that are perceptible without instruments by the average
person at the property lines of the site and within the interior of
residential units on the site.
.0305 Outdoor lighting associated with commercial uses should not adversely
impact surrounding residential uses, but should provide sufficient
illumination for access and security purposes:
.0306 High quality recreational and service amenities to serve the tenants of
the residential complexes are encouraged. Such amenities may include,
but should not be limited to, private health clubs or fitness centers,
meeting rooms, recreational rooms, pools, spas, Laundromats, dry
cleaning collection and distribution, computer facilities, barbecues,
decks, court game facilities, and community fireplaces.
.0307 A Master Association should be established and maintained and CC&R's
adopted and recorded for property maintenance. All conunon
recreationaUleisure areas and other setback areas should be developed
and maintained in accordance with approved landscape plans.
.0308 Residential windows should not directly face loading areas and docks.
To the extent windows ofresidenta] units face each other, the windows
should be offset to maximize privacy.
14
.040 Public and Civic
.0401 Public art displays, fountains, outdoor seating areas, public plazas, or
other similar amenities to attract public gathering places are encouraged.
.0402 Focal points, gateways, entries, monuments, historical landmarks, or
other similar amenity features such as parks or community buildings, tot
lots or stands of major tree(s) are encouraged.
.0403 Newsracks located within the public right-of--way should be located so as
not to cause an obstruction or adversely affect the safe and efficient
circulation of pedestrian and vehicular traffic, and should be designed to
be aesthetically harmonious with the character of the area in which they
are located. In addition, the provisions of Chapter 4.82 of this Code shall
apply to newsracks within the DMLI Overlay Zone:
.050. Signs.
.0501 Signs should complement the azchitecture of the building and also
provide a unifying element along the streetscape.
.0502 The size, scale, and style of signs should be determined by the scale of
the buildings of which they are a part:
.0503 Along multi-story commercial streets, signs should be placed along the
lintel or sign frieze between the ground floor storefront and the upper
facades:..
.0504 Signs along a blockface should be located at approximately the same
height to create a unifying, horizontal pattern.
..0505 Signs should be distinctive and simple, avoiding cluttered designs and
excessive advertising.
.0506 .Sign design should be consistent with the historic character of their
buildings..
.0507 Desirable sign types include indirectly lit signs, raised letter signs, wall
signs, awnings and canopies, and double-faced, projecting signs along
pedestrian streets.
.0508 Undesirable signs include internally-illuminated, plastic, generic
trademark signs, and any sign temporarily affixed to ground floor
windows. Roof signs are generally discouraged, although exceptions for
historically-appropriate designs can be considered.
0509 The use of signs and environmental graphics to assist way-finding is
encouraged. Street banners, community and district identification signs,
directional signage, and pedestrian-oriented directories should contribute
to a coordinated way-finding program.
15
18.100.110 REFUSE STORAGE AREAS
.....:........:.
Storage areas for Planned Mixed-Use Developments shall conform to the standards as
shown on the document entitled "Refuse Container Enclosure for Multiple-Family Residential,
Commercial, and Industrial Use" (Form 139) on file with the City of Anaheim or as otherwise
approved by the Director of Public Works with the additional requirement that the refuse storage
facilities for residential and non-residential users shall be maintained as separate facilities and
shall not allow commingling of the separate facilities. Said storage areas shall be designed,
located or screened so as not to be readily identifiable from adjacent public or private rights-of-
way, streets, alleys, or highways.
18.100.120 SCREENING
All storage and mechanical equipment for Planned Mixed-Use Developments shall be
enclosed or completely screened from view from public rights-of--way and any residential units
on or off-site. In addition, roof top equipment shall be screened from view or integrated into the
building design to prevent unsightly views from nearby high-rise buildings.
18.100.130 VEHICLE PARKING REQUIREMENTS
.010 Parking Demand Study. Due to variations in pazking demand and needs of
each Planned Mixed-Use Development, vehicle parking requirements and the
design of the parking areas, including ingress and egress, shall be determined as
part of the final plan review by the City Traffic and Transportation Manager
and/or Planning Commission based upon information contained in a parking
demand study prepared by a California licensed, independent traffic engineer, as
approved by the City Traffic and Transportation Manager. The parking demand
study shall be prepared at the developer's expense and provided at the time of
application for the use.
.020 Minimum Parking Requirements for Residential Uses. Vehicle parking
requirements stipulated in Chapter 18.06 of this Code shall be used as a guide in
determining parking need. However, a minimum of one (1) designated parking
space for each residential unit shall be required.
.030 Designation of Parking for Residential and Non-Residential Uses. Parking
spaces specifically designated for non-residential and residential uses shall be
marked by the use of posting, pavement markings, and/or physical separation.
Parking design shall also consider the use of separate entrances and exits, or a
designated lane, for residents, so that residents are not waiting in line behind non-
residential drivers. Parking structures shall be architecturally integrated with the
project design.
l6
18.100.140 SIGNAGE
Proposed signage for a Planned Mixed-Use Development shall be submitted as a specific
comprehensive sign program exhibit in conjunction with the final plan review application. The
provisions in Chapter 18.05 of this Code (except Section 18.05.064 of this Code) shall not apply
to Planned Mixed-Use Developments within the DMU Overlay Zone. Roof signs incorporated
into historically-appropriate designs may be permitted. Signage shall be approved on a project-
by-project basis.
18.100.150 DEDICATIONS AND IMPROVEMENTS
Dedications of streets, public utility easements and other public works and improvements
shall be required in connection with any work pertaining to the erection, construction,
reconstruction, moving, conversion, alteration, or additon to any building or structure within the
DMU Overlay Zone in accordance with the provisions of Section 18.04.080 of this Code.
18.100.160 DEVELOPMENT REVIEW AND PERMITS
.010 Community Development Department and Building Division Review. Prior
to commencing any work pertaining to the erection, construction, reconstruction,
moving, conversion, alteration or addition to any building or structure within the
DMU Overlay, all building and site plans shall be subject to design review by the
Community Development Department, as well as review by the Building
Division. The Community Development Department will review project design
and seek to ensure compatibility of the project with the scale and quality of
development within the DMU Overlay Zone. The Community Development
Department will make recommendations regarding project design to the Planning
Commission for consideration in connection with the Planning Commission's
decision on the final plan review or conditional use permit.
.020 Impacts on Existing Buildings and Structures. Where there are existing
buildings and structures on a site for which more intensive development is
proposed under the provisions of the DMU Overlay Zone, no building permit
shall be issued until the Building Division Manager and the Fire Chief have
certified that the existing buildings and structures are safe for occupancy and for
human habitation.
SECTION 2. SEVERABILITY
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any
reason to be invalid, it is the intent of the Council that it would have passed al] other portions of
this ordinance independent of the elimination herefrom of any such portion as may be declared
invalid.
17
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 sfiall be
punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not
exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm or>
corporation shall be deemed guilty of a 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
50094.3.
18
ITEM N0. 2
J
a
2
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t Du EACH 1 1
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RM-7200
RCL 70-71-07
VAR 2432
VAR 2795
CHAPARRAL APARTMENTS
280 DU
O
ROMNEYA DRIVE
-63-46
324
CL
RCL 76-77-06
RCL 75-76-36
CUP 3755
VACANT BLDG.
CL
RCL 75-
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0 vV-75i
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273
BALSAM AVE
4 DU 13 DU ~ 4 OU
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 Instftute of Orange County
D
D
~ A
706(2003-5-20)
CL(MHP)
RCL 82-83-22
55.56-7
CUP 256
ANAHEIM ROYAL MOBILHOME PARK - _
120 RESIDENTIAL SPACES °`""`
RS-A-43,000 (MHP)
RCL 82-63-22
ANAHEIM ROYAL MOBILHOME PARK
RM-1200
Ra.7a7tas
RCL 70.71.12
RCL 63-64-29
CUP 469
VAR 2500
VAR 2237
VAR 2203
APARTMENTS
56 DU -~`
U ''
~
2
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~ V-1500 ^
~ N~
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Staff Report to the
Planning Commission
July 14, 2003
Item No. 2`
2a. CEOA NEGATIVE DECLARATION fPREVIOUSLYAPPROVEDI
2b. CONDITIONAL USE PERMIT N0.4187 (Request for withdrawal)
tTrackina No: CUP2003-04704)
SITE LOCATION AND DESCRIPTION:
(1) This irregularly-shaped 1:93-acre property is located north and eastbf the northeast corner of
Placentia Avenue and State College Boulevard and has frontages of 171 feet on the north side
of Placentia Avenue and 279 feet on the easf side of State College Boulevartl (1220 - 1230
North State College Boulevard -Islamic Institute of Orange County):;
REQUEST:
(2) The petitioner requests to'amend exhibits for a'previously-approved church to permit phased
constructionbf the main building and parking lot.
BACKGROUND:
j (3) At the request of the petitioner, this item was continued from the June 2 June 16, and
June 30, 2003, Planning Commission meetings in order to allow the petitioner time to
address site design and coordination issues with staff.
? (4) 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
Commercial Professional land uses::
(5) The petitioner has been working with staff to resolve site design and coordination issues Yelated
to the on-going construction and operation of the partially completed mosque.' These issues
have been resolved ensuring compliance with the conditional use permit that was granted to
establish the facility, timely completion of the second half of the mosque and remaining site
improvements'as well as the safetyef the members of the congregation during the construction
period. As a result of these efforts,: staff believes the petitioner's request is no longer
necessary.
(6) Tim Caballero, representing the Islamic Institute of Orange County, has submitted the attached
letter received on July 7, 2003, requesting withdrawal of this item.
RECOMMENDATION:
(7) Staff recommends that the Commission, by motion, accept the petitioner's request for
withdrawal.
Sr5022jcdoc
Page 1
ATTACHMENT - ITEH PJO. 2
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PLAfUN1Al6
bEFARTMe0y1`
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Date: July 03, 2003
To: John Ramirez
Assistant Planner
City of Anaheim
From: Tim Caballero 714,396.1423
Steven Phillips Architect
Re: Planning Commission Hearing
CUP 4187
Tracking File CUP 2003-04704
1220 N. State College Boulevard
Anaheim, CaliFomia 92801
We would like to withdraw our case application pending before the Planning Commission with a
public hearing scheduled on the 14°' of July, 2003.
Thank you very much for your kind consideration.
.:;~:.,... ?':: , • r~::....,;c.:: • ..:%~ ~ :C:.,ir ...: C; u; .., .:v. ~ • ~:...,...,, .:~; ....... a1 !;'l:;iii :,~'; ~`.,ii r'7~'r:
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4
Conditional Use Permit No. 2001-04435
TRACKING NO. CUP2003-04712
Requested By: PALMALL PROPERTIES INC.
~`°<' Subject Property
Date: June 16, 2003
Scale: 1" = 200'
Q.S. No. 62
TO AMEND OR DELETE CONDITIONS OF APPROVAL FOR APREVIOUSLY-APPROVED CARWASH
WITH ACCESSORY TAKE-OUT FAST FOOD SERVICE AND TO PERMIT A MODULAR OFFICE TRAILER
WITH WAIVER OF MINIMUM NUMBER OF PARKING SPACES.
N
DG/® Pf G~
CUPWA H ~~c b P'a
900 West Lincoln Avenue -Fat Daddy's Hand Auto Spa & Chicago Eatery 72z
R
RME M HIGH ~ \ 1 / \ \ St ~ DG yP \PR ~9iE!
/i FNPS NGpU YP VP
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Staff Report to the ;
Planning Commission
July 14, 2003
Item No. 3
3a. CEQA CATEGORICAL EXEMPTION -CLASS 1
3b ''CONDITIONAL USE PERMIT NO2001-04435 (Motion for continuance)
(Tracking No. CUP2003-047121
SITE LOCATION AND DESCRIPTION:
(1) This rectangularly-shaped 0.58-acre property is located at the southwest corner of Lincoln
Avenue and Ohio Streetwith frontages of 168 feet on the south side of Lincotn Avenue and
148 feet on the west side of Ohio Street (900 West Lincoln Avenue -Anaheim Car Wash).
REQUEST:
(2) The petitioner requests to amend or delete conditions of approval for apreviously-approved
car wash with: accessory take-ouffast-food service and"to permit a modular office trailer under
authority of Code Sections 18.03.030.010, 18.03.040, 18.03.092 and 18.45.050.080 with
waiver of:
SECTION 18.06.050:0233 .Minimum number of parking spaces.
..(DELETED)
*Subsequent to this' item being advertised, the petitioner revised the request to delete the accessory
take-out fopd service and modular office railer.
BACKGROUND:
(3) Af the request of the Planning Commission, this item was continued from the June 16,
2003 to the'June 30,:2003, meeting in order to allow the petitioner time to comply with
conditions of approval and code enforcement violations pertaining tothe property.
The business owner, Louis Garrett, submitted a request to continue the item from the
June 30, to'the July 14, 2003, Commission meeting o allow more time to address the
items of concern expressed by the Planting Commission.
(4) This property is developed with an'existing 1,116 square foot car wash with an accessory
take-out fast food service and un-permittedmodular office trailer and is zoned CG (General
Commercial): The Land Use Element Map. of the Anaheim General Plan designates this
property for General Commercial land uses.'.
Sr5024jr.doc
Page 1
Staff Report to the
Planning Commission
July 14;!2003
Item No 3
,Y
llnpermitted ritodular. „'
office frailer
tJnenciosed` F`s`,°
vacuum area ~r~~~
rte
~~ I
~ ~~
s a,. y ~'~ 1 ~ if ~ ~` Iii I E i -,a
..d >y~ ,~~y.,~ ~ i
':l .s~ G3 t'rYr, `?~`.^ f ~~,~5 r7 ~`~ .?~ ~".r'J*"e4' .s, ~.
r 4 ~' ~ ~~
. ~`~' .Y~~~t ~
,~..- r. ~ ~w' ~,~u^~ .., a F"~~'~~j`
'~ ~ ~~~^. ~ ~^lr' Y
ry' ~v ~' x, p~ i ._ ,~..w. t
(6) Although there has been significant progress toward'compliance, the unpermitted modular
'office trailer has not tieen removed, the vacuum equipment enclosure has not been
constructed, and the trash enclosure must be refurbished. Mr.'Choi has indicated That a
.contractor has been hired to otitain building permits and construct the equipment area
enclosure) Mc Garrett, the previous business owner; has indicated that licensing/registration
`information is necessary for the removal of the modular office trailer, however, he has been
unsuccessful in locating this paperwork.'Both Mr. Choi and Mr.'Garrett believe a continuance
to the July28, 2003,'Commisson meetingwould afford them an adequate amount of time to
`remove the modular office trailer from the property,'obtain building permits and construct the
', equipment enclosure; and refurbish the trash enclosure.
(7) The business owner,f Louis Garrett, has submitted the attached letter dated July 3; 2003,
requesting'a two-week continuance to the?July 28;2003, Planning Commission meeting in
order to allow moretime to comply witRconditions of approval and code enforcement
violations pertaining to the car wash property.
RECOMMENDATION:
(8) Staff recommends that the Commission; by motion, continue this item to the July 28; 2003,
meeting to allow thepetitioner time to address these items.
Page 3
07/05/2003 11:39 9092771582 GARRETT PAGE 02
ATTACHt1ENT - ITE~1 N0. 3
July 3, 2003
Dear planning commission,
~'~
RECEIVED
Pf.ANNiNG
®~pARTiNEN°E
.As per our conversation on July2, 2003 we need to request s continuance. To abide by the
stipulations in the C.P.U we need to hire a contractor. This process is going to take longer
than two weeks to accomplish. So I em asking for a conninuance through July 2>;, 2003.
Thank You,
Louis Garrett Jr.
Fat Daddy's Auto Spa di Chicago Eatery
ITEF1 N0. 4
CL
RM-1200
RCL 56-57-27 RM-1200 RM-1200 RCL 67-68-60 CH
CUP 1357
55.56-41 SS-56-41 VAR 1974 RCL 64-65-53
VAR 2578 S
V-1360 VAR 2520 S
V-1360 76 DU
V-1076 5
" `""
40 DU
MILLS FORD'
V-1015 S 40 DU
GAR WASH
PAMPAS LANE
CL
RCL 59-6D-113 ML
VAR 2155 S CL 84-85-01
'
SMALL SHOPS SMALL
RM-1200 INDU6T. .
CL RCL 61-62-47 RM-1200 FIRM
RCL 59fi0.113 VAR 1454 RCL 60.61-6
1 DU
r - VAR 2155 S APARTMENTS VAR 1266
LLI ADJ 0025 41 DU APTS. ML I-
U.I CHIROPRACTIC CLINIC 30 DU RCL e6-fit-3b fq
CL cuP ZZn
CUP 1045 Q
~ RCL 59-fi0-113
(n GUP 3956 RCUP 9300
RS-A-43,000 Q
p
~ Y.M.C.A. LOARA ELEMENTARY SCHOOL c i ou 2 -I
J CL
U RCL 59-60-113
CL
CUP 1451 60-61-63
W
MURG PLAZA
ANAHEIM RCL 60-67-63
COMM
SHOPS
.
MEDICAL
CUP 2003-04660
SQUARE m
CH w OFFICE 6UILDING ~
L R
~
~Q6
9
L
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I
CL 5
-
6a11 DENTAL
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]41 I
RCL 5360.113 CUP 3082 OFFICES
t
315 I LUP 3]60 CHURCH m
SERV. STN.
~ dMINI MART
I® sz5~-~~-130
BROADWAY
CL
-115
RCL 90-91-24 GL RSA-43,00
RM-1200 T-CUP 2001-04354
'B 55-56-2 55-56-2 RC L 6]-0&19 CUP 931
11
CUP 3356 VAR 2353 5360-02 gMARYLUS COURT
UP 2952
75
V-7005 OFFICE NURSING HOME
s6woR
SRV. STN. BUILDING ppTS" a
1
CUP 909
GL POAY CARED
GL
S 55-56-2
55-56-2 VAR 2353 RM-1200
RSA-03;000
VAR 2353 V-1081 61-62.82 cuP lo3z
BAR SMALL SHOPS CUP 333 crluacH RM-1200
L & LIOUOR CUP 220. 55.56.15
-93 LE CHATEAU IV ARMS SHERWOOD RIVIERA
•4e4 APARTMENTS
P APARTMENTS
CU
2092
VAR 1868 96 DU RM-1200 60 DU
RESTAURANT RCL 87-88-19
CUP 2952
Conditional Use Permit No. 2003-04660 (READVERTISED) Subject Property
Date: July 14, 2003
Scale: 1" = 200'
Requested By: TRAN THOMAS Q.S. No. 54
TO PERMIT AND RETAIN A CHURCH WITHIN AN EXISTING OFFICE BUILDING WITH
WAIVER OF SETBACK FOR INSTITUTIONAL USES ADJACENT TO RESIDENTIAL ZONES.
1655 West Broadway 6zz
Staff Report to the
Planning Commission
July 14; 2003
Item No. 4
4a. CEQA CATEGORICAL EXEMPTION -CLASS 1 (READVERTISED) (Motion)
4b. WAIVER OF CODE REQUIREMENT (Motion)
4c, `CONDITIONAL USE PERMIT N0. 2003-04660 (Resolution)
SITE LOCATION AND DESCRIPTION:
(1) This rectangularly-shaped 0.83-acre property has a frontage of 130 feet on the north side of
Broadway, a maximum depth of291 feet and! is locatedi525 feet;east of the centerline of
Euclid StreeY(1655 West Broadway).
i REQUEST:
(2) The petitioner requests approval of a conditional use permit under authority of Code Section
18:44.050.130 to permifand retain a church within an existing office building!with waiver of
the following:
SECTION NO. 18.04.042.020 Institutional uses adjacent to residential zones.
15-foot wide landscape setback required; 3 to
'5-foot wide landscape setback existing)
:BACKGROUND:
', (3) This property is developed with acne-story office building elevated over at-grade parking and
is zoned CL (Commercial, Limited). The Anaheim General Plan Land Use'Element Map
designates the site for Commercial Professional land uses.
(4) Surrounding land uses are as follows:
Direction Land Use Zoning General Plan Designation
North A artment Come lex RM-1200 Medium: Densi Residential
East Loara Elements .:School RS-A-43,000 :;School Site
South (across
Broadwa' Apartment Complex RM-1200 Medium Density Residential'
West Medical Offices CL Commercial Professional
(5) No previous zoning actions pertain to this property.
PROPOSAL:
(6) The petitioner is requesting approval of a conditional use permit to establish`a church within
an existing office building. No exterior modifications to the existing building are proposed in
conjunction with this request.
(7) The site plan. (Exhibit No. 1) indicates a two-story building with parking on the ground level
and office: space on the'second level totaling' 13,494 square feet.
sr8625vn
Page 1
Staff Report to the
Planning Commission
July 14; 2003
Item No.''4
Use Square Feet Code Parking Requirement Parking
s.f. Per 1,000 s ware feet ofIGFA Re wired
Sanctuary/Chapel 2,100 s.f. 29/1,000 or-0.333pe~ fixed seat ' 61.0
`whichever results in a highernumber
of arkin `s aces.
Church Office 1',007 s.f. 4/1';000 4.0;
Kitchen 140 2,g
maximum .02 spaceper person for the maximum
occupant capacity figure ofassembly`area
load (260 ''
s.f.
Fellowshi Hall* 1,808 s.f. 'r -
Sunday School 3;857 s.f. No additional parking required. N/A
Classrooms
Misc: areas 4,462 s.f. No additionalparking required. N/A
including halls,
restrooms, stage,
audio/visual room,
cry room, storage
and lobbies.
:TOTAL. 13,494 r 68
*Fellowship Hall not proposed for simultaneous use with the Chapel. :
(11) No changes to the builtling elevations are proposed. Photographs indicate that the existing
elevations consist of a tan stucco building with aquamarine trim. ':
(12) The petitioner indicates that signage would be limited to the existing permitted monument
sign. No other signs are proposed in connection with this request.
(13) The petitioner has submitted a letter of operation datetl July 8, 2003, indicating approximately
140 congregants will attend services and that no private school or child care services are
proposed. The operational characteristics would be as follows:
Sunday: Worship Service 9 a.m. to 1 p.m.
'Wednesday: Bible Study 7 p.m. to 9 p,m.
Friday: Worship Service ' 8;30 p.m: to 10:30'p.m.
Monday-Friday: Office Hours 8 a.m. to 5 p.m.
ENVIRONMENTAL IMPACTANALYSIS:
+ (14) Tfte Planning Director's authorized representative has determined that the proposed project
falls within the definition of Categorical Exemptions, Class 1 (Existing Facilities) of the: CEQA
Guidelines and is, therefore, exempt from preparing additional environmental documentation.
GROWTH MANAGEMENT ELEMENT ANALYSIS:
(15) The proposed project has been reviewed by affected City departments to determine whether
it conforms with the City's Growth Management Element adopted. by the City Council on
March 17, 1992. Based on Gity staff review of the proposed project, it has tieen determined
that this project does not fit withinthe scope: necessary to require a Growtft Management
Element analysis, therefore, no analysis has been performed,
Page 3
Staff Report to the
'Planning Commission
July 14, 2003
Item No. 4
`EVALUATION:
(16) Churches are permitted within the CL Zone subject to the approval of a conditional use
permit.
(17) The requested waiver pertains to the required setback for institutional uses adjacent to
residential zones: Code requires a!15-foot wide'landscaped setback'at the north and east
property lines and plans intlicate an existing 5-foot wide setback at the north property lineand
a 3-foot wide setback at the east property line. These setbacks are existing and no new
construction is proposed. Further, artelementary school, not residences, is located to the
east and carports abut the north property line, therefore, staff supports this request.
(18) The Commission maywish'to note that this case is a result of Code Enforcemeht Division
request for service for operating a church without a conditional use permit. The petitioner has
indicated that nobhurch activity is currently occurring at this location; No other violations are
currently pending for this looation.
(19) Site inspections and the pftotographs jndicate the property is being maintained in satisfactory
condition. Staff feels that the church would be compatible with the surrounding land uses and
therefore recommends approval of a ohurch at this location.
FINDINGS:
(20) When practical difficulties or unnecessary hardships result from strict enforcement of the
Zoning Code, a modification may be'granted for he purpose of assuring that no property,:.
because of special circumstances applicable to it, shall be eprived of privileges commonly
enjoyed by otherproperties in the same vicinity and zone. The sole purpose of(any code
waive[ is to prevent discrimination and none shall be approved which would have the effect of
granting a special privilege;not shared by other similar properties. Tfierefpre, before any
codewaiver is granted by the Planning Commission, it sfiali be shown:
(a) That there are special circumstances applicable to the property such as size, shape,
topograpfiy, location or surroundings, which do not apply to other identically zoned
'properties in the vicinity; and
(b) That stricfapplication of the Zohing Code iieprives the property of privileges enjoyed by
dther properties under identical zoning classification`in the vicinity.
(21) Before the Commission grants any conditional use permit,.. it must make a finding of fact that
the evidence presented shows that al(of the following conditions exist:
(a) .That the proposed use is properly one for which a conditional use permiYis authorized
by the Zoning Code,:: or that said use is not listed therein as being a permitted use; 7
(b) That the proposed use will not adversely affect the atljoining 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 theproposed use in a manner not detrimenta3o 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
(e) That the granting of the conditional use permit under the conditions imposed, if any, will
not be dahimental to the peace, health; safety ahd general welfare of the citizens of the
City of Anaheim.
Page 4
Staff Report to the
Planning Commission
July 14; 2003
Item No.'4
RECOMMENDATION:
(22) Staff recommends that, unless additional or contrary information is received during the
hearing, and based upon the evidence submitted to the Commission, including the evidence
presented in this staff report, and oral and written evidence presented at the public hearing,
the Commission take he following actions:!
(a) By motion, determine that the project is Categorically Exempt under Section 15301,
Class 1 (Existing Facilities) of the:CEQA Guidelines.
(b) By motion, approve the waiver pertaining to institutional uses adjacent to residential
zones based on the fact that no new structures are proposed in conjunction with the
church and thata schoolfiot residences, is located to the east, and that the
apartments to the north would be buffered by the existingtandscaping and carports
adjacent to the north property line. :'
{c) By resolution, a rove Conditional Use Permit No. 2003-04660 (to permit a church in
an existing office building) based oh he following:
(i) That a church is an authorized use in the CL Zone subject to the approval of a
conditional use permit.
(ii) .That the proposed church would not adversely affect the adjoining land uses nor
restrict the growth and development of the area in which it is proposed to be
ocated.
(iii) ;That the size and shape of the site for the church is adequate to allow the full
:development in a manner not detrimentafto the particular area nor to the peace,
::health, safety, and general welfare, nor the citizens'of the City: of Anaheim.
(iv) .That the traffic generated by the church would not impose an undue burden upon
the streets and highways designed and improved to carry traffic in the area.
(v) That the granting of the conditional use permit under the conditions imposed,
would notbe detrimental to thefpeace, health; safety and general welfare of the
:`citizens of the City ofAnaheim.!
THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS
AMdNTERDEPARTMENTAL COMMITTEE'AND ARERECOMMENDED FOR ADOPTION BY:THE
PLANNING COMMISSION IN THE EVENT<THAT THIS' PERMIT IS'APPROVED.
1. That the hours of operation for the church shallbe limited to Sunday,from 9 a.m. to 1 p.m1,
Wednesday and. Friday from 7 p.m. to 10:30 p.m., with office hours' Monday through Friday from
8 a.m to 5 p.m.'das stipulated by the petitioner.
2. That only the 2,100 square foot assembly area shown on approved exhibits shall be utilized as
church assembly area.
3. That no portable signage shall be utilized to advertise the church.
4. That the proposal shall comply with all signage requirements of the CL Zone unless a variance
allowing sign waivers is approvedby he Planning Commission or City Council:' Any additional
signage beyontl'what exists on the date of this7esolutionshall be reviewed and approved by the
Zoning Division; Any decision by staff may tie appealed to the Planning Commission as a
Reports and Recommendation item:
Page 5
Staff Reporf to the
Planning Commission
July 14,'2003
Item No, 4
5. `That the only accessory school activity sftall be Sunday school and this facility shall not be used
as a private daycare, nursery;`elementary, junior and/or senior high school.
6. ..That no outdoor activity may be conducted by the church at any time within the rear (north)
.landscape setback adjacent to.the residential neighborhood.
7. That no bells audible from the exterior of the building shall be permitted.
8. That plans shall be submitted to the City Traffic and Transportation Manager for his review and
approval in conformance with :the current version of Engineering Standard Plan Nos. 436, ri04
-:and 602 pertaining to parking standardsand driveway location: Subject propertyshall thereupon
be developed and maintained in conformance with'said plans.
9. ..That gates shall not be installed across any driveway or private street in a manner which may,
'adverselyaffect vehicular traffic on the: adjacent public street(s). Installation of ahy gates shall
conform to the Engineering Standard Plan No. 609 and shall be subject to the review and
approval of the City Traffic and Transportation.
10. That no required parking area should be fenced or otherwise enclosed for outdoor storage uses.
11. Tha: the property shall be permanently maintained in an orderly fashion by providing regular
landscape maintenance, removal of trash or debris;'.and removal of graffiti within twenty-four (24)
hours from time ofoccurrence_
12. !That the landscape planters and associated irrigation shall be permanently maintained with live
and healtfiy plant materials.
13. ?hat 4-foot high address numbers shall tie 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 be specifically shown on plans submitted for Police
::Department, Community Services Division approval:
14. That trees shall be planted at a ratio of one tree for every 20 feet of street frontage on Broadway.
:The trees hall be minimum 24-inch box in size and served by permaneht irrigation: Said trees
hall be maintained in a live, healthy condition.
15. That in order to be in continuous compliance with code-required parking,,the sanctuary and
fellowship hall shalt not be used for separate simultaneous events.
16. :That subject property shall be developed substantially in accordance with plans and
specifications submitted to the;City of Anaheim by the petitioner and which plans are on file with
the Planning Department marked Ezfiibit Nos. 1 and 2, and asconditioned herein.'`
17 -That within sixty (60) days from the date of this resolution Condition Nos.; 8, 9, 13, 14 and 16'
'above-mehtloned, shall be complied with:: Extensions for further time to complete said conditions
may be granted in accordancewith Section 18.03.090 of the Anaheim Municipal Code.
18. That approval of this application constitutes approval of the proposed request only to the extent
that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and
Federal regulations.?. Approval does not include anyaction or findings as to compliance or
approvafbf the request regarding any other applicable ordinance, regulation or requirement.
Page 6
SECTION 4
ATTACHFIENT - ITEM N0. 4
PETITIONER'S STATEMENT OF
JUSTIFICATION ]'OR VARIANCE/CODE WAiVL-R
(NOT REQUIRED FOR PARKING WAIVER)
REQUEST FOR WAIVER OF CODE SECTION: i 7: •C~~ ~ ~ Oa'0 •.- .,----
,. t- (A separate statement is re ui,,re~,d~~fyor~ each Cocle waiver)
PERTAINING TO: ~ ~.1=,1~11~~OT~I U~'~ . .~RiG~~ c~CQ~h~., - `~0. t~l'~!r v?4!lr`5 ~_._.~, I~._.:. -
Sections 15.03.010:030 and 15.12:06D of the tlnaheim Municipal Code require that before any variance or Code waiver Wray he
granted b_y the Zoning Achnumistrator or Planning Commission, the following shall be shown:
"That there are special circumstances applicable to the property, including size, shape, topography,1ocation or
sun'oundins, which do not apply to other property under identical zoning classification in the vicinity; and
2. That, because of such special circumstances, strict application of the zoning code deprives the proper[}' of privileges
enjoyed b}' other property under identical zoning classification in the vicinity.
In order to determine iCsuch special circumstances exist, and to assist the Zoning Achninistratoror Planning Conunission to
arrive at a decision, please answer each of the foilotm°ing questions regarding the property for mvhich a variance is sought, full}'
and as completely as possible. If you need additional space, you may attach additional pages.
Are there special circumst~rces [hat apply to the property in matters such as size, shape, topography, location or
sunoundins? Yes V No.
1 f _: nm' answer is "Yes," describe the special circumstances:
T'~~ P~e~=~-T~f ~~
}.ul~;~ INS'
aMM~~J>a?,-.~z'(~?f1c(U~~ND DfD.N4T
2. ~ ,: races th t apply to the property different from other properties in the vicinity which are in the
Sa., ,. ~ r 't'lv? ~YeS _ NO
If your r~lswer is "yes," describe how the properh: i;. di ~erent:
~~;I ~5~.
s A c~tUpr41'_~~ID..I~II ~-
E~ID PIT? W%i ufP$WJ If'~P~'~`~r`;' ~~jGSC-I~ WtfPN ~i~li~~l,r r,--rV~~-pv.
T` t' ~^! ~ irc~ ~t~l,.icet+ !<• dte proper!} deprive it of pri~~ileges currently enjoyed by neighboring
i • ..r ti e c nme zone? /Yes No
I f your answer i C "}'~s.' describe the special circummstances
Were the spe al circumstances created by causes beyond the control c..'.t~ r roper!}' oo:oer (or precious p; o _rry
owners)'? Yes _ No
L~PLAIN
pjP Wa(
The sole puipose of any varimmcc or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be
approved which would have the effect of grantin« a special privilege not shared by other property in the same vicinity and zmme
which is not otheneise erpressiv authn~fzed by zone regulations ~overnin~~ subject property. Use variances are not permitted.
''~ ~ 7 ~ or3
Signature of Property Udamer o / s~torizeti Agent D' to
CONDITIONAL USE PERMITNARIANCE NO. o`I-~~~ ~~~~~'
orcr-niera ia, ~ooo
I ItM NU.
V J GPA tdS m5E
I MOTEL fifi~6]~
cuP is
ML CUP 1842 j I ML
RCL 99-00-15 CUP 1587 I I RCL 99-00-15
(Res. of Int. to SE) ADJ 2003-00236 j I (Res. o41nt: m.BE)
RGL B7-68-14 EIR 321 I I RCL 5657-93
(Res of Intent to CO) EIR 274 I I V-2616
fi667-74 ElR 271 I ) SMALL IND.
RCL 5657-93 EIR 212 {. ~, FIRMS
CUP 2002-09544
CUP 2946 GPA 361 ~ TALBOTWAY-
CUP 2134 GPA 214-I
GPA 145 ___
_--_ -_-CUP 4~
CUP 1079 IND. FIRMS
EIR 2
'~- ML
RCL 99.00-15 EIR2
/ 1 ML (Res. of Int. to SE) EIR 3
j ~ 99-00-15 CUP 2743 RCL 56-57-93
~
(Res. of Int. to SE) GPA 2
~ ~ GPA :
~ 66-67-93
~
C UP 2003-04718
to j j EIR 272
Z
~ I EIR 274
I EIR 321
~
j j W
GPA 145
~
I I Z
GPA 214-1 Q ML RCL 99-00-15
I I - ~ RCL 99-00-15 (Res. or Int. La SE)
F I I GPA 361 rn (Res. o(Int. to SE) 66-67-43
m I I IND. FIRM ~ 66-67-93 :RCL 56-57-93
I I ML = EIR 212 CUP 4071
ML j ~ 99-00.15
(Ras. of Int. io SE) 220' - U EIR 321 CUP 447 5
-RCL 99-00-15 RCL 87436-14 GPA 145 EIR 212
(Res. o(Int. i0 SE) I I (Ras of Intent to CO) ~ GPA 2141 EIR 274
56-67-93 I I 66-67-93
:- ~ GPA 361 EIR 321
CUP 2002-04544 v]
~ IND. FIRMS GPA 145
EIR 212 1 I CUP 2002-04620 w
" . GPA 214-I
EIR 274 ( I CUP 3997 GPA 361
- EIR 321 I ( cuP z99s
ADJ 2003-00236
SOUTHERN CALIFORNIA
GPA 145 i i RCL 99-0D-15 GAS COMPANY
GPA 214-1 (Res. a1lnt. to SE) ~
GPA 361 j j DAG 87.01 ML
IND, FIRMS I i GENE AUTRY RCL 99-00-15
I 1
I I BUSINESS PARK (Res. of Int. to SE) in
IND
FIRM N
.
GENE AUTRY WAY - - ~ - C
ML EIR 212 ML RCL 56-57-93 EIR 212
CUP 2305 99-00-15 EIR 274
(Res. al InL to SE) EIR 321 RCL 99.00-15 CUP 3873 EIR 250
66-67-14
GPA 145 Res. of Int. [o SE
( ) CUP 2562 EIR 268
56-57-93 GPA 214-1 RCL 90-91 Afi CUP 2508 EIR 274
SMALL IND. FIRMS GPA 361 (Res. of Int. to CO) CUP 1908 EIR 321
66-67-14 CUP 1725 GPA 145
-- CUP 1587 GPA 214-I
GPA 361
\VAR 4069 STADIUM BUSINESS PARK
SMALL INDUSTRIAL FIRMS
Conditional Use Permit No. 2003-04718 Subject Property
Date: July 14, 2003
Scale: 1" = 200'
Requested By: DON H. WATSON Q.S. No. 108
TO PERMIT AUTOMOTIVE REPAIR IN CONJUNCTION WITH A SHUTTLE BUSINESS.
1902 South Chris Lane -Super Shuttle e17
Staff Report to the
Planning Commission
July 14',2003
Item No. 5'-
Sa. CEQA CATEGORICAL EXEMPTION -CLASS 1 (Motion)
5b. CONDITIONAL USE PERMIT N0 2003=04718 (Resolution)
`SITE LOCATION ANDbESCRIPTION:
(1) This rectangularly-shaped, 0.63-acre property has a frontage of 125 feet oh the westside
of Chris Lane, a maximum depth of 220 feet and is located 245 feet nortfi'of the centerline
of Gene Autry Way (1901 Soutft Chris Lane -Super Shuttle).
:'REQUEST:
', (2) The petitioner requests approval'of a conditional use permit under authority of Code
Section 18ai1.050.p70 to permifautomotive (vehicular) repair in`conjunction with a'shuttle
business. '!
BACKGROUND: '
(3) This property is developed with an industrial building and is zoned ML (Limited Industrial).
The Anaheim General Plan Land Use Element Map'designates this property for Business
office/Mixed Use/Industrial land'uses.
s (4) Surrounding land uses are as follows:
':Direction: 'Land Use Zoning General Plan
Designation
All Industrial Flrm ML' Business Office/Mixed
Use/Industrial`
"Note: All surroundingpropertiesnre under resolution of Intent to the'SE (Sport Entertainmeht)
Overlay zone.
(5) There are no prior zoning actions pertaining to this property.
PROPOSAL:
(6) The petitioner is proposing to pertorm accessory vehicle repair in conjunction with a shuttle
business'within avacant Industrial buildingi There is no new construction'associated with
his proposal.
(7) The submitted site plan (Exhibit No. 1) indicates that the proposed shuttle business would
occupy a,9;704 square foot industrial building.
(8) The floor plan (Exhibit No. 2) indicates the industriaibuilding contains three (3) offices, a
reception'a~ea, restrooms and a large, open shuttle maintenance area with aroll-up service
door to the rear.
sr8624av
Page 1
Staff Report to the
Planning Commission i
July 14, 2003;
Item No. 5
(i3) Vehicle access is provided by one driveway from Chris Lane. The site plan indicates a total
of 3fi parking paces. Code requires a minimum of 34 parking spaces for the: shuttle
business with vehicle repair based on the ratio of 3.5 spaces per 1;000 square feet of gross
floor area (9,704 /1,000' x 3.5 = 33:9).
(10) Photographs of the exterior elevations indicate white concrete tilt-up walls and aflat-roof on
the east (front)'elevation:facing Chris Lane. The rear (west) elevation contains aroll-up
baydoor for shuttie access into the building. j'
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,rte' ng. c~+yai 4~, ,tY+~fiin~ ~ a3 ''nK`Fx„ry { sJpp ,/ ",
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View of industrial building looking west from Chds Lane:
(1:1) Photographs and staff inspections indicate a 10-foot wide landscaped setback adjacenfto
Chris Lane and well maintained landscape planters alpng the baseof the building. The site
plan'does not indicate any additions to the existing landscape planter areas.
(12) Sign plans were not submitted as part of this application.. Any proposed signage must
comply with Code requirements for he ML Zone unless'a separate variance is applied for
and granted by the Commission. Code permits wall signage not td exceed 10 percenf of
each building elevation and a 10-foot wide by 8-foot high; 62.5 square foot double-faced
monument sign for the entire property.
Page 2
'.Staff Report to the
Planning: Commission
July 14;::2003
Item No 5
(13) The submitted letter of operation indicates he primary function of this facility would tie the
administrative offices with minimal vehicle`service. The hours of operation for the shuttle
business would be 8 a.m. to 6 pim., Monday through';Friday, The business would employ
six positions consisting of a general manager, sales :and marketing representatives,
contract service providers and maintenance workers: The petitioner has further indicated
that the only vehicle repair would be on shuttles and would take: place wholly within the
industrial building. No shuttles would be stored on the premises.
ENVIRONMENTAL IMPACT ANALYSISi
(14) The Planning Director's authorized representative has determined that the proposedproject
'falls within the definition of Categorical Exemptions; Section .15301, Class;l (Existing
Facilities), as defined in the State CEQA (Califpmia Environmental Quality Act) Guitlelines
and is, therefore, categorically exempt from the preparation of further environmental:
'documentation.
GROWTH MANAGEMENT ELEMENT ANALYSIS:
(15) The proposed project has.been reviewed by affected City departments to determine`
whether iPconforms with the City's Growth' Management Element adopted: by the City
Council on March 17,.1992. Based on City staff review of the proposed project, it has been
determined that this project does not fit within the scope necessary to require a Growth
:.Management Element analysis,' herefore„'no analysis has been performed.
EVALUATION:
(16) Code permits vehicle`repair in conjunction with a shuttle business in the ML Zone subject to
approval of a conditional use permit.
(17) This property is surrounded by other properties developed with industrial buildings. The
proposed accessory vehicle repair in conjunction with a shuttlebusiness is compatible in
Use to the existing surrounding businesses. As conditioned herein, staff believes that the
proposed vehicle repair business would not adversely affect the adjoining' land usesor the
;'growth and'. development of the area in which it is proposed to be located as the
"surrounding properties are located within the ML zone and contain industrial land uses.
Moreover,' he size and shape of the site is adequate to allow the full development of the
proposed use in a manner not detrimental'to the particular area and therefore, staff
recommends aooroval of this conditional use permit.
(18) The Commission may also wish`to note that all shuttles contracted with this business are
privately owned and stored at other locations. The proposed business would essentially
'serve as a'corporate headquarters with administrative offices,: dispatching and shuttle
maintenance. All repair would be incidental to the primary useas a corporate headquarters
and would be conducted entirely within the industrial building and therefore, staff feels that
'this operation would not have a;negative impact on the surrounding area :Should the
'Commission wish to approve this request, staff has included standard conditions of
`approval pertaining to vehicle repair businesses and he planting of trees ih the landscape
setback area adjacent to Chris Lane.
Page 3
Staff Report to the
Planning Commission S
July 14, 2003
Item No. 5
FINDINGS:'
(19) Before the Planning Commission grants any conditional use permit, it must make a finding
of fact that the evidencepresented`shows that ali of the following conditions exist:
(a) ; That tYte proposed use is properly one for which a conditional use permit is
authorized by the Zoning Code, or thaGsaid use is not listed'therein as being a
permitted use;
(b) ' That the proposed use will not adversely affect the adjoining land uses and the
growth'and development of the area in'which it is,proposed'to be located;
(c) ; That the size and""shape of the site for the proposed use is adequate to allow the full
development of the proposed use in a'manner not detrimental to the particular area
nor to the peace;(health, safety, and general welfare;
(d) - That the traffic generated by the proposed use will not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the ''
area; and
(e) ' That the granting of the conditional use permit under the conditions imposed, if any,
Will notibe detrimental to the peace, health, safety and general welfare of the
citizens of the City of Anaheim.
RECOMMENDATIONt
(20) Staff recommends that, unless addittanal or contrary information is` received during the
meeting, and based upon the evidence submitted to the Commission, including the
evidence presented in this staff reFort, and oral and written evidence presented at the
public hearing; the Commission take the following actions:
(a) By motion, determine that the project js Categorically Exempt under Section 15301,
Class`1 (Existing Facilities). of the CEQA Guidelines.
(b)' By resolution, approve Conditional Use Permit No. 2003-04718 (to permit vehicle
repair;in conjunction with a`shuttle business) based on the following:
(i) 'That the proposed accessory repair in conjunction with a shuttle business is
properly one for wfii~,h a conditional use;'permit is authorized, by the Zoning
'' Code. :`
(ii) That the'proposed accessory repair as cpnditionedherein, would not
adversely affect the; adjoining and uses or the growth and developmeht`of
the area in which iEis proposetl to be located because the site is completely
surrounded by other small industrial firms.
(iii) !That the'size and shape of the site is adequate to allow the full development
of the proposed use in a manner not detrimental to the particular area's `,
peace,. health, safety, and general welfare.
Page 4
`Staff Report to the
Planning`Commission
July 14 2003
Item No 5
(iv), That the granting of Conditional Use Permit No. 2 0 0 3-0471 8, 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 INTERDEPARTMENTAGCOMMITTEE'AND: ARE RECOMMENDED' FOR'ADOPTION BY THE
PLANNING COMMISSION IN THE EVENT-THAT THIS PERMIT IS APPROVED.
1. That window signage shall not be permitted.
2. That no banners or other temporary advertising shall be displayed and that no special event
permits shall be issued for this business.
3. That only vehicle mechanical repair and maintenance work on shuttles related to this business
shalt be permitted.
4. That the proposal shall comply with all signing requirements of the ML Zone unless a variance
allowing sign waivers is approved by,the Planning Commission or City Council
5. That prior to the operation of the business, a valid business license shall be obtained from the
City of Anaheim, BusinessiLicense Division.
6. That nb required'parking area shall be fenced or otherwise enclosed or used for outdoor storage
uses:-
7. ; That gash storage areas shall be provided and maintained' in a location acceptable to the Public
Works Department, Streets and Sanitation Division and inlaccordance with approved plans on file
with said Department. The`existing trash enclosure shall be roofed to prevent entry of storm
wateC Said information shall be specifically shown on plans submitted for Public Works z
Department, Streets and SanitatiodDivision approval.
8. ! That plans shall be submitted to the City Traffic and Transportation Manager for his review and
approval showing conformance with the current versionbf Engineering Standard Plan Nos. 436,
601 artd 602 pertaining to parking standards ahtl drivewaylocations:'Subjea property shall
thereupon be developed and maintained in conformance with said plans.
9. That gates shall not be installed across any driveway or private street in a manner which may
adversely affectbehicular traffic in the adjacent public street. Installation of any'gates shall
conform to Engineering Standard Plan No. 609'and shallbe subject to the review and approval of
the City Traffic and Transportation Manager.
10: That the property shall be permanently maintained in an orderly fashion by providing regular
landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24)
hours from time of occurrence.
11'. That the storage or overnight parking of vehicles, vehicle parts, or business-related materials and
all work on vehicles shall be confined entirely tothe interior of the building. Absolutely no'?
page 5
Staff Report to the
Planning Commission '
July 14, 2003:
Item No. 5
vehicular body work; washing, :painting orbtherbuslness-related activities, or storage of vehicles,
vehicle parts or materials shalfbe allowed'outside tfie building'or in parking areas.
12. That customer and employee parking spaces shall be striped and clearly'marked for "customer or
'employee parking only", and of no time shall vehicles be stacked, double parked, or left standing
in tandem' in front of,' or adjacent to the buildings.
13. That 4-foot high address numbers shall be displayed on the roof in a contrasting color to the roof
'material. The numbers shall not be visible from the view of the street or adjacent properties.
%Said information shall be specifically shown on plans submitted for Police. Department,
Community Services Division'approval i
14. .That trees] shall be planted at a ratio of one tree for every 20 lineal feet of street frontage on Chris
Lane. Said trees shall be minimum 24-inch box in "size, irrigated and permanently maintained in a
live, healthy conditioh.
15. That there shall be no vehicle sales or dismantling permitted on the premises.
16. That subject property shall be developed and maintained substantially in accordance with plans
:`and specifications submitted to the City of Anaheim by the petitioner and'which plans are on file
f with the Planning DepartmenYmarked Exfiibit Nos.1'and 2, and as conditioned herein.
17. ,That prior to the commencement of the activity authorized by this resolution, or prior to final
building and zoning inspections; whichever occurs first, Condition Nos. 5j 7, 8, 9, 12, 13, 14 and
16, above-mentioned, shall be complied with.
18. That approval of this: application constitutes approval of the proposed request only to the extent
ithat it complies with the Anaheim Municipal Zoning Code and`any other applicable`City, State and
Federal regulations. sApproval'tloes not include any'action or fihdings as'to compliance or
approval'of the request regarding any other applicable ordinance, regulation or requirement.
Page 6
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Conditional Use Permit No. 2003-04719 Subject Property
Date: July 14, 2003
Scale: 1" = 200'
Requested By: EDWARD J. BRUMLEU JR. Q.S. No. 121
TO PERMIT AND RETAIN AN AUTOMQBILE PARTS INSTALLATION FACILITY WITH WAIVER
OF MINIMUM NUMBER OF PARKING SPACES.
1280 North Sunshine Way
SP 6j 25
RGL6 66:67'
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B78
Staff Report to the
Planning Commissiori
July 14, 2003
'Item No. 6i
6a. CEQANEGATIVEbECLARATION
6b. WAIVER OF CODE REQUIREMENT
6c. CONDITIONAL'USE PERMIT NO. 2003-04719 (Motion for continuance)
SITE LOCATION AND DESCRIPTION: :
(1) This irregula~Iy-shaped; 0.46-acre property has frontage of 65 feet on the northerly side of
Sunshine Way, a maximum depth of 225 feet, and is located atthe easte~lyterminus'of
Sunshine Way (1280 North Sunshine Way).'
REQUEST:
(2) The petitioner requests`approvatdf a conditional use permit under authority of Code Section
18.61.050:070 to permit and retain an automobile parts installation facility with waiver of the
following:
SECTION NOS. 18.06.050.0222; Minimum number of oarking spaces.
AND 18.06.050.031 (29 Yequired;;iS proposed'and
recommended by the Traffic and
Transportation Manager)
BACKGROUND:
(3) This property is developed with one industrial building and is zoned ML (Limited Industrial).
The Anaheim General Plan Land Use Element Map designates his property for General
Industrial land uses.
(4) Jerry L. King, president of Unitrazbrivetrairf Inc., has submitted the attached letter dated
June 26, 2003, requesting asix-week continuance to the August 25, 2003, Planning
Commission meeting in order to address site design issues with staff and retain a consultant
for assistance in processing this'request. i
RECOMMENDATION:
(5) Staff recommends thaEthe Commission, by motion, continue this item to the August25,
2003, meeting to allow the petitioner time to address these items and retain a consultant.
Sr5021jr
'Page 1
?OM UNITP.RX Drivetrain Center FFi:S N0. 7146305851
Tun. 26 2003 10:41RM P1
ATTP;CNHENT - ITEM N0. 6
Jj
__.
`~,,: Mx
PLANNING r~
~EFiARTMENT ~,
CITY OF ANAIIEIM PLANNING COMMISION
ATTN: JCHN RAMIRE$
JUNE 26,2003.
WE ARE REQUESTING A SIX WEEx cONTINUANACE FROM JULY 14, 2003 to
AUGUST 25', 2003 TO ~rNORIC' OUT SITE PLAN ISSUES ANDTO RETRIN~A
CONSULTANT~FOR ASSISTANCE,
THANK YOU FOR YOUR ATTENTSON TO THIS MA~l'TER.
SINCERELY
JERRY L RING
PRESIDENT
UNITRAX DRIVETRAIN INC
•DIFF6R6NTIALS ATRAN9M19910 N5 YDRIVE41NE3 >OdERDRIVES DPIERFORMANGE PRODUGT^e
1260 IV. SUNSHINE WqY ANON EIM • CA • 92606 a 7ti G.630.4327 • FAX 71 q.630.565f • WWW.000P1tTRAA.COM
ITE11 N0. 7
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~ 2000 ~ 239 w 9 N lae °4t\RES
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Conditional Use Permit No. 2003-04720
Requested By: ZAHER MUSLEH
TO PERMIT A W.I.C. (WOMEN, INFANT AND CHILDREN) STORE.
804 South Anaheim Boulevard
Subject Property
Date: July 14, 2003
Scale: 1"= 200'
Q.S. No. 84
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'Staff Report to the
Planning. Commission
.`July 14,2003
"Item No. 7
7a. CEQA CATEGORICAL EXEMPTION -CLASS 1 (READVERTISED)
7b. ' 'CONDITIONAL USE PERMIT N0: 2003-04720 (Motion for continuance)
SITE LOCATION AND DESCRIPTION:
(1) This rectangularly-shaped 0.43-acre property: is Iocatedet the southeast corner of Anaheim
Boulevard and South Sheet, having frontages of 133 feet on the east side of Anaheim
Boulevard and 142 fee(on the south side of South Street (804 South Anaheim Boulevard).
REQUEST:
(2) The petitioner7equests approval of a conditional use permit under authority of Code Section
113:44.050.195 to establish a W.I.C: convenience store and toestablish lahd'use conformity
with existing zbning code land use requirements for an existing legal nonconforming liquor
store.
BACKGROUND:
(3) This property is developed with two retail tenant suites end is zoned CL (Commercial
Limited). The Anaheim General Plan Land Use Element Map designates the site property for
Low-Medium Density Residential land uses.
(4) Mr. Nabil tiou~i, representing the W.LC. convenience store business owner, fias submitted
the attached letter, dated July 3, 2003, requesting aone-month continuance to the August 11,
2003, Planning Commission meeting in order to allow for time to work with the property!.
owner regarding issues pertaining to land use conformity for the liquor store:
RECOMMENDATION:
(5) Staff recommends that the Commission, by motion, continue this item to the August 11;:2003,
meeting as requested by the petitioner.
Sr3032_aey
Page 1
JUL 03 '03 10 06 FROM NRBIL HGURI ARCHITECT TO 7147655280 PRGE.001
ATTl~CMMENT - ITEM W0. 7
dK'/1(tGY'tla7G Dlsmuga_ Qoe{gv ~' Cwaanltirfq
July 3, 2003
Mts. Elaine Yambao
Anaheim Planning DepaRmart
ZDO S. Anaheim Blvd, Suite 162
Anaheim, CA 92805
Re: Ptanuiug Commiascon Hearing
Dear E1ame
We are sohedulcd far a Plam~igS Commission Hearing on July 14, 2003 for the °SaMa Maria Nutritional" WIC Store. We
Idndly request postpoait~ our hearigg try one month, unL1 some ofthc issucs bctwccu rho prospective teoam, Mr. Zaher
Musleh and the shopping center owner, Mr. Louis Smaldmo atc reso)vcd.
77ien ,[~
/~-
abfl A H
Cc: lvlr. Zahtrr M. Mttateh
Mr. Amc~ M. Aref
12 Loagetreet, Lviue. CA 926-3358
TcI 949.7'59.2944 Fax 949.779.8629
aLOltl'IC4?COCaCI.
Page 1 of 1
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ML
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(RRCL 67-68-14E)
(Res of In1eN to CO)
6fi-67-14
RCL 5fi-57-93
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CUP 2946
CUP 2134
CUP 1679
CUP 1&12
CUP 1567
ADJ 2003-00236
EIR 327
EIR 274
EIR 271
EIR 212
GPA 361
GPA 214-I
GPA 145
IND. FIRMS
CUP 2743
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(Res. of Inl. to SE)
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EIR 274
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Z EIR 327
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fn GPA 361
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EIR 274 66-67-93
EIR 212 RCL 56-57-93
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GPA 214-I CUP 447 S
GPA 145 EIR 212
(RCL 70-71J4) EIR 274
IND. BLDG. EIR 321
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GPA 214.1
GPA 361
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GAS COMPANY
CO
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(Res. of Inl. to SE)
RCL 56-57-93
RCL 86.67-22
CUP 2663
CUP 1111
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RCL 99-00-15
(Res. of Int. to SE)
(RCL 7D-71.34)
66-67-14
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(Res of Intent to MH)
RCL 56-57-93
CUP 2400
CUP 750
ADP 120
OFFICE BUILDING
PARKING
Conditional Use Permit No. 2003-04721 Subject Properly
Date: July 14, 2003
Scale: 1" = Z00'
Requested By: KEWG T. TAING Q.S. No. 108
TO PERMIT A RETAIL CARPET AND FLOORING BUSINESS WITH WAIVER
OF MINIMUM NUMBER OF PARKING SPACES.
1841 South State College Boulevard
A
ez1
ML
RCL 99-0I
(Res. of lnt.
fiCL67-1
59-60-6
Resaf Inlenl
RCL 56-57
VAR 24E
(7P-77-3
EIR 27
EFR 32
_ GPA 2i
GPA 3f
RCL'
(Res. o
RCL.
VAI
Staff Report to the
PlanningCommissidn
July 14, 2003
Item No. 8(
8a. CEQA NEGATIVE DECLARATION (Motion)
8b. WAIVER OF'CODE REQUIREMENT (Motion)
8c. ' CONDITIONAL`USE!PERMIT N0 2003-04721 (Resolution)
SITEtOCATION'AND DESCRIPTION:
(1) This rectangular-shaped 1.0 acre property,has a frontage of 187 feet on the west side of
State College Boulevard, a maximum depth of 235 feet and is ocated 470 feet south of the
'centerlineof Katella Avenue (1841 South'State College Boulevard).
REQUEST:
(2) The petitioner requests approval of a conditional usepermit under authority of Code
:Section 18:61.050,135 permit a retail carpet and flooring business with waiver of the'
'following:
SECTIONNOS. 18:06.050.0226. ':Minimum number ofoarkino spaces.
'AND 18.61:066 (41 required; 37 proposed and fecommended by
the City Traffic and!Transportation Manager.)
BACKGROUND:
(3) This property is currently developed with an industrial building and is zoned ML (Limited,
Industrial).!This property is also`iocated within the Stadium Area': and Sports Entertainment
(SE) Overlay boundary and is designated for Business Office/Mixed Use/Industrial land
uses on the Anaheim'!General Pian Land Use Element Map.
(4) Surrounding land uses are as follows:
Direction Land Use Zoning General Ptan
Designation
North Retail Tile Business ML Business Office/Mixed:`
Use/Industrial
East across State Office Building and CO and PR Business OfficelMixed
College Boulevard Stadium Parking Lot Use/Industrial
South ' Southern California ML Business Office/Mixed
Gas Company Use/Industrial
West Industrial Firm ML Business Office/Mixed.
Use/Industrial
Note: All surrounding properties are under a resolution;of intent to the Sports: Entertainment (SE)
Overlay zone.
Sr3033ey
Page 1
Staff Report to the
Planning Commission
July 14, 2003
Item No. 8
PROPOSAL
(5) The petitioner proposes o establish a retail carpet and flooring business within an existing
industrial building. There is no new construction associated with this proposal. The site
plan (ExhibifNo. 1) indicates an 18,015 square foot building with parking to the north, east
and west. The site plan: also indicates that there is an 18-foot wide easement for a private
street on the northern portion of the property. f The siteplan does not indicate any proposed
outdoor storage and the; petitioner'verified that no outdoor storage is proposed.
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View of the existing industrial building from State College Boulevard.?
(5) The floor plan,(Exhibit No. 2) indicates that the majoritybf the building will be utilized for the
carpet and flooring showroom. The remainder of the building will'consist of three small
offices, restrooms, a service counter and partitioned display area
(7) Vehicular access is provided via a driveway on Katella Avenue that leads to Talbot Way (a
private street).: The site plan indicates that 37 parking spaces would be provided on-site;
Code requires a minimum of 41 parking spaces basedon 2.25 spaces per 1;000 square
feet of gross floor area for sales and display of carpet and flooring' The deviation from
Code required parking is 10 percent.
(8) The site plan'does not indicate any additional andscaping proposed for the parking loor
setback areas. Code requires one. tree for every twenty. feet of street frontage for a total of
nine trees along State College Boulevard. Currently only 2 trees exist in thefront setback
area.
(g) Submitted photographs how asingle-story industrial building with no existing signage The
elevation plan (ExhibitNo. 3) indicates a proposed eighty-two (82) square foot channel:
letter sign on the east building elevation. Theproposed sign will occupy no more thari three
percent (3%)'of the building elevation. Code permits wall signs that do not exceed ten
percent (10%) of the area of the face of the building to which sucfi sign is attached. Plans
for a freestanding monument signi were notsubmitted with this application, however; the
petitioner indicated that the business owner would be applying foi- one at a later date.
Page 2
Staff Report to the
Planning Commission
'July 14, 2003
Item No.'8
Code would allow one double-faced monument sign with dimensions of 8 feet in height, 10
feet in width and a sign area of 65 square feet per face.
(10) The elevation plan indicates proposed improvements to the east elevation facing State
College Boulevard, with the majority of the: enhancements to the main entrance. Tfie east
elevation will include an enhanced fagadewith a steel frame canopy along the majo~iry of
he length of the building, a new'metal-framed entry: structure and new storefront wintlows
to complement the metal accents,
(11) The petitioner submitted a lettecof operation indicating the store would be'open daily from
10 a.m. to 7 p.m., with approximately five employees'operating on a single shift. Tfie letter
also details the various improvements that would bemade to the building, including;
extensive jnterior improvements and a proposed facade remodel as described in the
.previous paragraph.
NEGATIVE DECLARATION' FINDINGS:
(12) Staff has reviewed the proposaland the initial Study (a copy of which is available for review
in the Planning Department) and finds no'significantenvironmental impact and, therefore,
recommends that a Negative Declaration tie approved upon a finding by the Commission
Ghat the declaration reflects the independent judgment of the lead agency;; and that rthas
considered the proposed Negative Declaration together with any comments received: during
the public review process and further finding on the basis of the' Initial Stutly and any
comments!received that there is no substantial evidence that the project will have a
+significant effect on the environment.
GROWTH MANAGEMENT ELEMENT ANALYSISi
(13) The proposed project. has been feviewed by affected City departments to determine
whether it conforms with the City's Growth: Management Element adopted'by the City
Council on March 17,:1992. Based on City staff review of the proposed project, it has been
determined that thisproject does not fit within the scope necessary to require a Growth
Management Element analysis therefore;;no analysis has been performed.
EVALUATION:
(14) Retail carpeting and flooring businesses arepermitted in the ML zone subject to approval of a
conditional' use permit.
(15) The requested waiver pertains to minimum number of parking spaces. Plans indicate a total
of 37 parking spaces and Code;requires a minimum of 41 spaces as described in
paregraph:no. (7). When a parking waiverrequest does not exceed ten percent ofihe
Code requirement or for uses requiring thirty or fewer'... spaces, the Code permits "such other
study' approved by the City Traffic and Transportation Manager. The petitioner has
submitted a parking letter to substantiate the requested parking'waiver. The City Traffic
and Transportation Manager has reviewedthe parking letter, has field checked a similar
facility and!has determined that the proposed parking is sufficient for the proposed retail
carpet and flooring business.
Page 3
I
Staff Report to the
Planning Commission
July 14, 2003
Item No. 8
(16) The petitioner has also provided thefollowing informatiomas evidence to substantiate the'
requested waiver:
"a) j Carpet is'a very bulky product that requires considerable space to store.'Because'of
the volume of the ihventory that would be"maintained on site and the size of the
.building, he parking requirement is substantially higher than would actually be utilized,
b) :'.The requested variance of ten (10) percent deviation is minimal.
c) ,The business will have approximately five employees on-site with the remainder of the
;parking areas to be available for customer parking
(17) The site plan does not Indicate the addition of any new landscaping, only that the business
owner' will refurbish or maintain the existing landscaping. i Code requires one tree per every
twenty feet of street frontage, whichfor the subject property would be a total of nine trees.
Two flees currently exisfwithin the front setback and staff recommends that seven additional
trees be planted within the landscape setback adjacent td State College Boulevard.
Additionally, since the property is located within the Sports Entertainment Overlay Zone, the
newtrees are required tone consistent with the' Stadium Area Master Land Use Plan Plant
Palette.
(18) The proposal foe a monument sign should conform to Code requirements pertaining to
freestanding signs in terms of size and locatlorc Additionally, the sign should be decorative
and complementary to theldesign elements of he proposed facade. Staff recommends that
any future monument sigh be subject to staff review and approval `
FINDINGS;
(19) 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) That the waiver, under the conditlons imposed, if any, will not cause fewer off-street
l parking paces to be provided for sucfi'use than the numbel 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
(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 paces upon adjacent private property inlthe immediate
vicinity of the proposed use;iand
(d); That the waiver, under the conditions imposed, if eny, will not increase traffic
congestion withinrthe off-street parking areas orlots provided for such use; and
(e)', That the waiver, under the conditions imposed, if'any, will not impede vehicular
ingress to or egress from adjacent properties upon the public streets in the immediate
vicinity of the proposed use,:
Unless conditions to the contrary are expressly imposed upon the granting of any waiver
pursuant to this Section by the Planning Commission or City Council, the granting of any
Page 4
Staff Report to the
!Planning Commissioh
Vmy 14; 2003
Item Np $
such waiver shall be deemed contingent upon operation of such use in conformance with
;the assumptions relating to the operation'and intensity of the use as contained in the:
parking demand study that formed the basis for approval of said waiver. Exceeding;
'violating, intensifying: or otherwise deviating from any of said assumptionsas contained in
:the parking demand study shall be deemed a violation of the express conditions imposed
.Upon said waiver which shall subject saidwaiver to termination or modification pursuant to
the provisions of Sections 18.03.091 and 18.03.092 of this Code.
(20) Before the Commission grants any conditional use permit, it must make a finding of fact
:..that the evidence presented shows that all`of the following conditions exist:
(a) That the proposed use is properly one for which a conditional use permit is
authorized by the Zoning Code, or that said use is not listed therein as being a
permitted use;:
(b) That the proposed use will not adversely affect the adjoining land uses and the
growth and development of the area in which it is proposed to tie located;
(c) That the size and shape of the site for the proposed use'is adequate to allow the full
developmenfof the proposed use in a manner not detrimental to the particular area
norito the peace, healthy safety, antl general welfare;
(d) That the traffic generated by the proposed use will not impose an undue burden
upon the streets and highways designed and improvedto carry the traffic in'tfie
area; and
(e) That the granting of the conditional'use permit under the'conditions imposed, if any,
willnot be detrimental to he peace,. health, safety and general welfare of the
citizens of the,City of Anaheim.
RECOMMENDATION:
(21) Staff recommends that unless atlditional 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'evidencepresented at the
.public hearing that the Planning Commission take tfie following actions:
(a) By motion, a rove a CEQA Negative Declaration.
(b) By motion, a rove the waiver pertaining to minimum number of parking spaces
based on the7ecommendation of the City Traffic and Transportation Manager hat 37
spaces are adequate fodthis retail carpet and flooring business, and based on he
operational characteristics discussed in paragraph nos. (;15) and (16) of this report.
(c) By resolution, a rove Conditional Use Permit No. 2003-04721 (to permit a retail carpeb
and flooring business) based on the'follawing:
(i) That the proposed use is properly one for which a conditional use permiEis
authorized by the Zoning Code in the ML Zone.
(ii) :That the proposed use would not adversely affect the adjoining land uses and
the growth and development of the area in which it>is proposed to be located.
Page 5
Staff Report to the
Planning Commission
July 14, 2003
'Item No. B
(iii) That the size. and shape of the site for the proposed use is adequate to allow the
full development of the proposed use in a manner noti tletrimental to the
particular area nor to the peace,' health, safety, and general welfare.
(iv) That the traffic generated by the proposed use would not impose'an undue
burden upop the streets and highways designed and improved torcarry the'':
trafFlc in the'area.
(v) That the granting of the conditional use permit under the conditions imposed,
would not be detrimental to the peace, health, safety and generaFwelfare'of the
citizens of the City of Anaheim.
THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS
AN INTERDEPARTMENTACCOMMITTEE ANDARE RECOMMENDED FOR ADOPTION BY THE
PLANNING COMMISSION IN THE EVENT THAT THIS PERMIT 13APPROVED.
1. That the granting of the parking waiver is contingent upon operation of the use in conformance with
the assumptions antl/or conclusions relating to the operation and intensity: of use as'contained in
the parking,letter thatformed the basis for approval of said waiver. Exceeding, violating,
jntensifying or otherwise deviating from any of said assumptions and/or cohclusions'as contained
in the parking demand study, shall be deemed a violation of the expressed conditions imposed
`upon said waiver which shall subject this conditional,use permit to termination or modification
pursuant td he provisions of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code.
2. That seven'(7) m(nimum 24-inch box sized'. trees shall be planted within the landscaped setback
:adjacent to State College Boulevard. Further, said trees shaliba consistent with theiStadium Area
Master Land Use Plan Plant Palette. A landscaping plan shall be included with the plans submitted
'for Zoning and Building Division approval. Said trees shall be maintained: in a live and healthy
condition.
3. That any proposed monument sign shall be decorative and complementary to the design elements
of the building. Plans for a proposed monument signshall be submitted o the Zoning Division for
review and;approval, (Any decision may tie appealed' o the Planning Commission as a "Reports
and Recommendations" agenda item.
4. That no outdoor sales, display or advertising shall occur unlessa SpeciatEvent Permit is first
obtained from the Zoning Division.
5. That there shall be no outdoor storage permitted on the premises.
6. That no required parking area shall be fenced or otherwise enclosed for outdoor storage or other
merchandise storage or display::,
7. That four (4) foot high street address numbers shall tie displayed on the roof of the building in a
color contrasting to the roof material. The numbers'shall not be visible to the view from the streets
or adjacentproperties. Said information shall be specifically shown on plans submitted for Police
bepartment, Community Services Divisionapproval-
8. That the property shall be permanently maintained in an orderly fashion by the provision of regular
landscaping maintenance, removal of trash or debris; and removal of graffiti within twenty four (24)
6aurs fromtime of occurrence.
Page 6
Staff Report to the
Planning, Commission
<July 14,.2003
Item No: B
9. 'That trash storage'areas shall be refurbished to the satisfaction of the Public Works Department,
Streets and Sanitation Division to comply with approved plans on file with said Department
including, but not limited to, painting and installing,trash enclosure gates per City standardand that
trash bins shall be stored inside trash enclosures. Plans containing said information shall be
submitted to the Public Works Department, Streets and Sanitation Division for their review and
approvaG
10. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1, 2 and 3, and as conditioned herein:'.
11. That prior to commencementof the activity authorized by this resolution; or prior to issuance of a
buildingpermit or within aperiod of one (1) year from the date of this7esolutiorl; whichever occurs
first, Condition Nos: 2, 7 and 9, above-mentioned;: shall be complied with. Extensions for further
time to complete said conditions may be grantedin accordance with Section 18.03.090 of the
Anaheim Municipal Code.
12, That prior to commencementof the activity authorized by this resolution; or prior to final building
and zoning inspections, whichever occurs first, Condition Na 10above-mentioned; shall be
complietl with.
13. That approval of this application constitutes approval of the proposed request only o the extent that
it complies with the Anaheim Municipal Zoning Code and any other applicable City; State and
Federal regulations`. Approval does noCinclude any action or findings as to compliance or approval
of the request regarding any other applicable ordinance, regulation or requirement:
Page 7
1
Attachrlent - Item No. 8
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L A W Y E R S
May 28, 2003
Anaheim Planning Commission
City of Anaheim
200 East Anaheim Blvd.
'Anaheim, Ca.'92806
JEFFREY L, FAflANO
Attorney al Law :..,.....
2300 E. KATELLA AVE.
sUl'(€,236
ANAHEIM, CA 92906-6D47
(714) 935-2400
FAX (714)935-2410
Re:' Application for Conditional. Use Permit for Retail Carpet franchise:
Applicant: Monte and Mazk Silverberg
Address: 1841 South State College.
C\"'~~f\~E~~ c
aE~NN\N~N•~ v
Dear Commissioners:
I am assisting Monte Silverberg and his son, Mark, in their application for a C.U.P. for a
retail carpet franchise at 1841 S: State College, which is located one block south of Katella. This
letter will serve as additional background and information about the requested use.
Monte Silverberg opened New York Carpet approximately 15 years .ago in the canyon
industrial azea, The business has since been moved to "tile mile" on State College, one block
South of Ball Road,
Monte Silverberg has had considerable success is operating several carpet store
franchises.. Monte's son, Mazk Silverberg, has participated in the operation of New York Carpet.
The Silverbergs have recently been approached by several carpet franchises to open another
franchise in the "tile mile" area. After considerable research, the Silverbergs have determined
that the timing is right for another carpet franchise in the area and they have decided that Stone
Mountain's Carpet Mill Outlet is a quality franchise that would do well in this area. Attached is a
copy of an informational sheet about Stone Mountain. As a franchisee, the retail store would sell
quality carpets, laminates, vinyl, ceramic and other types of flooring direct from the factory.
Most items are kept in inventory and special .order items will be shipped. There are no plans at
this time for granite or marble:.
The. Silverbergs have been looking in the "Tile Mile" area for over a year for the right
building, 1841 S. State College recently came on the market and it fits the needs of a Stone
Mountain franchise perfectly. This propery currently consists of a vacant 18,000 square foot tlt-
up warehouse/office structure on a one acre lot. The building has a 2 door loading ramp and 37
pazking spaces. The warehouse style building is ideal for storage racks for carpeting. The
location is ideal for exposure to shoppers coming to the "tile mile" area, as well as the stadium
traffic. All inventories will be maintained inside the building. There will be no outside storage
ALIhIITEOLIAB~LITY PARTNERSHIP ~- \~`i~'~ ~~2.;1
Attachment - Item No, 8
~~~~~®
~~~~~~~
L a w v e a s
Anaheim Planning Commission
Re: CUP for 1841 South State College
05/28/2003
Page? of3
of inventory, as is the case with granite and marble distributors. The appearance of the building
will quality and in line with the desired appearance around the Anaheim Stadium.
The building was not for sale and was only available for long term lease. While the
building is in good shape, the Silverbergs will have to invest between $50,000 to $100,000 in
improvements to the building to order. to convert the building from awarehouse/office structure
to a facility that better fits a retail use and demonstrates the high quality of a Stone Mountzin
franchise. Improvements to the building will include:
• Repainting the entire inside of the warehouse for a clean and bright showroom
appearance
• Installing brighter lights suitable for a show room
• Refinishing the warehouse floor for a clean showroom finish.
• Replace front glass and door units for a new retail showroom look
• Install service counters and shelving in the warehouse for sales and customer
assistance
• Installing new framed entry facade and steel framed canopy to improve the building's
appearance to be more appropriate for a retail warehouse showroom. The fapade will
be built on the North East corner of the building extending approximately 2 feet out
from the building wall and 2 feet over the top of the building
• Repaint exterior consistent with Stone Mountain's color scheme and other franchises
In order to justify the investment in the franchise and the investment into the building, the
Silverbergs have signed a 15 year lease. Because of the investment and the term bf the lease, the
applicant can accept nothing less than a 15 year C.U.P. and preferably a C.U.P with an unlimited
term.
This property is located outside of the "tile mile" zoning overlay where uses of this type
are permitted by right. However, success of flooring stores and home decorating stores in this
area has caused the "tile mile" uses to expand beyond the overlay zone by expanding east and
west on Ball and Katella as well as side streets such as Winston and Cemtos. Immediately North
of this proposed site is Tile Club which has been at this location for many years.
This proposed property is zoned ML, as is much of the property South of Katella and
West of State College. Most of this area consists of tilt-up office and warehouse buildings. The
proposed retail use is actually more consistent with what the City desires for this area than
existing industrial and office uses.
Attachment - Item No. 8
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~~ E Vy ~'I'
L A4tlYE RS
Anaheim Planning Commisson__
Re: CUP for 1841 South State College
05/28/2003
Page 3 of 3
There has been recent discussion that the platinum triangle office and retail concept is
being reconsidered for this area. There have also been discussions that the City may introduce
residential uses with the office and retail use. However, the area is still zoned ML and the
proposed use is permitted by conditional use permit subject to conditions that will make the use
consistent with the area. The proposed changes will improve the store over the other industrial
uses in the area and it will especially be an improvement over the granite and the stores in the
"tile mile" area. Unless this type of use is approved, the area will remain vacant or industria!
type uses until the area begins to develop as the proposed platinum triangle, whenever that
occurs.
Very Truly
l/~'~
JLF/dm
J ey L. Fazano
or Farano & Kieviet, LLP
5:03?50003\cortesp\planning eammission