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PC 2003/08/11CITY OF ANAHEIM PLANNING COMMISSION AGENDA AUGUST 11, 2003 Council Chambers, City Hall 200 South Anaheim Boulevard, Anaheim, California CHAIRPERSON: JAME$ VANDERBILT COMMISSIONERS: GAILEASTMAhI, PAUL BOSTV111CK;`DAVID ROMERO, JERRY O'CONNELL, CECIL•IA FLORES; (ONE' VACANT SEAT) CALL TO ORDER . . PLANidifVG.COflAllfll$SION nflORPlING SESS10N.11:OO.~A:h • STAFF UPDATE'?O'COMMISSION ON VARIOUS CIP(Y °•.~ DEVEL^GPIy1E`NTS'/1ND ISSUES (AS REQUESTED BY~~~ , '~ AGENDA RECESS TO RECONVENE TO For record keep complete a spee PLEDGE OF ALL PUBLIC COMMENTS CONSENT CALENDAR PUBLIC HEARING ITEMS "" "' _ "` ADJOURNMENT 08-11-03 Page 1 RECONVENE TO PUBLIC HEARING AT 1:30 P.M. PUBLIC COMMENTS: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or public comments on agenda items with the exception of public hearing items. PLANNING COMMISSION APPOINTMENTS: REQUEST FOR CONSIDERATION OF POTENTIAL APPOINTMENT OF PLANNING COMMISSION REPRESENTATIVES AND ALTERNATED FOR THE FOLLOWING • ANAHEIM TRANSPORTATION NETWORK BOARD OF DIRECTORS (Current Representative: Commissioner Bostwick) • PARKS AND RECREATION COMMISSION (Current Representative: Vacant) • COMMUNITY DEVELOPMENT ADVISORY BOARD (CDAB) FOR THE BLOCK GRANT PROGRAM (Current Representative: Vacant) (Current Alternate: Commissioner Eastman) • UTILITIES UNDERGROUND CONVERSION SUBCOMMITTEE (Current Representative: Commissioner Bostwick) (Current Alternate: Vacant) • GENERAL PLAN ADVISORY COMMITTEE (GPAC) (Current Representative: Commissioner Bostwick) (Current Alternate: Vacant) • HISTORIC PRESERVATION AD HOC COMMITTEE (Current Representative: Commissioner Eastman) (Current Alternate: Vacant) • COMMUNITY DESIGN ELEMENT WORKING GROUP (Current Representative: Vacant) OS-11-03 Page 2 CONSENT CALENDAR: Item 1-A through 1-D on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the motion unless .members of the Planning Commission, staff or the public request the item to be discussed and/or removed from the Consent Calendar for separate action. - REPORTS AND RECOMMENDATIONS A. (a) CEQA NEGATIVE DECLARATION (PRE' (b) CONDITIONAL USE PERMIT NO. 2001-t Gary Frazier, Tyrol Plaza LP, 6445 Joshua Tree Avenue, Orange, CA 92867, requests final elevation, landscaping, signage, lighting, mechanical equipment, trash enclosure, fencing and gates and recreational area plan review and a time extension to comply with conditions of approval for apreviously-approved 60-unit, 3-story, "affordable" senior citizen's apartment complex with a density bonus and waivers of minimum number of parking spaces, minimum building site area per dwelling unit, maximum structural height and minimum setback abutting single-family residential developments. Property is located at 891 South State College Boulevard. B. (a) CEQA CATEGORICAL EXEMPTION -CLASS 3 (b) CONDITIONAL USE PERMIT N0.2001-04477 (TRACKING NO. CUP2003-04733) Richard Jackson, Fairmont Private Schools, 4910 Gampus Drive, Newport Beach, CA 92660-2119, requests a retroactive extension of time to comply with conditions of approval for a temporary modular office trailer in connection with apreviously-approved bus storage yard for a private school. Property is located at 1595 West Broadway. C. (a) (b) (TRACKING NO. VAR2003-04569) Carla Frankes, Starlight Oaks, LLC, 2 McLaren, Unit B, Irvine, CA 92618, requests review of final site, floor, and elevation plans for a previously-approved 6-lot, 6-unit detached single-family residential subdivision. Property is located at 6161 East Santa Ana Canyon Road. D. Receiving and approving the Minutes from the Planning Commission Meeting of July 28, 2003. (Motion) Project Planner: (dsee ananaheim.net) s2129ads.doc Q.S. 104 Project Planner: (i a ra m i rez (off a n a h e i m. n e t) sr5031jr.doc Q. S. 54 Project Planner: (avazcuez(a~anaheim.net) sr8632av.doc O. S. 190 OS-11-03 Page 3 PUBLIC HEARING ITEMS: 2a. CEQA CATEGORICAL EXEMPTION -CLASS 1 2b. 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 corner of Anaheim Boulevard and South Street. To permit a W.I.C (Women, Infant and Children) store and to establish land use conformity with existing zoning code land use requirements for an existing legal nonconforming liquor store. Continued from the July 14, 2003, Planning Commission Meeting. CONDITIONAL USE PERMIT RESOLUTION NO. 3a. CEQA CATEGORICAL EXEMPTION -CLASS 1 3b. CONDITIONAL USE PERMIT NO. 4085 (TRACKING N0. CUP2003-04730) OWNER: Raulston, Donald Trust, 18818 Teller Avenue #277, Irvine, CA 92612 AGENTS: Jacquie Check, Donahue Schriber Property Management, 200 East Baker Street, Suite 100, Costa Mesa, CA 92629 Neil Alcantara, Lamppost Pizza, 2350 West Lincoln Avenue, Anaheim, CA 92801 LOCATION: 2350 West Lincoln Avenue. Property is approximately 4.8 acres, located at the southeast corner of Lincoln Avenue and Gilbert Street (Lamppost Pizza). To amend or delete a condition of approval to increase the number of amusement devices from 10 to 20 for apreviously-approved amusement device arcade within an existing restaurant with previously-approved sales of beer and wine for on-premises consumption. CONDITIONAL USE PERMIT RESOLUTION NO. Request for continuance to October 6, 2003 Project Planner; (evambao of~.anaheim.net) sr3032a_ey.doc Q.S. 84 Project Planner: (v n o nvo o~ a n a h e i m .net) sr8631 vn.doc Q.S. 33 08-11-03 Page 4 4a. 4b. ADDENDUM TO KOLL ANAHEIM CENTER ENVIRONMENTAL IMPACT REPORT NO. 189 (PREVIOUSLY-CERTIFIED) RECLASSIFICATION NO. 2003-00108 OWNERS: Anaheim Savings and Loan, 135 Main Street, 7~h Floor, San Francisco, CA 94105 Arden Realty Finance, P.O. Box 131071, Carlsbad, CA 92013 Disney Goals Inc., P.O. Box 4741, Glendale, CA 91222 North American Resort, 100 Bayview Circle, Suite 4500, Newport Beach, CA 92660 Pete Valenti Trust, 1940 North Tustin, Suite 100, Orange, CA 92865 Anaheim Redevelopment Agency, P.O. Box 3222, Anaheim, CA 92803 Safeway Stores., Inc., 1850 Mt. Diablo Boulevard, Suite 200, Walnut Creek, CA 94596. Savon Realty Inc., P.O. Box 20, Boise ID, 83726 Watt Commercial, 2716 Ocean Park Boulevard, Suite 3040, Santa Monica, CA 90405 AGENT: Anaheim Redevelopment Agency, 201 South Anaheim Boulevard, Anaheim, CA 92805 LOCATION: The site consists of multiple properties with a combined area of approximately 36 acres bounded by Lincoln Avenue to the north, Broadway to the south, Anaheim Boulevard to the east and Harbor Boulevard to the west. City-initiated (Community Development Department) request for` reclassification of the properties from the. CL, CG, and CO Zones to the CL (DMU) (Commercial Limited; Downtown Mixed Use) Overlay, CG (DMU) (Commercial General; Downtown Mixed Use) Overlay, and CO (DMU) (Commercial Office and Professional; Downtown Mixed Use) Overlay Zones. RECLASSIFICATION RESOLUTION NO. Project Planner: (dsee(o7anaheim.vet) sr2134ds.dpc Q.S. 72, 73, 83 OB-11-03 Page 5 5a. CEQA CATEGORICAL EXEMPTION -CLASS 1 5b. CONDITIONAL USE PERMIT NO. 2002-04555 (TRACKING NO. CUP2003-04731) -- OWNER: Carlos and Lina Patti, 847 South State College Boulevard, Anaheim, CA 92805 AGENT: Carlos Patti, EI Gaucho Meat Market II, 4706 West 191 Street, Torrance, CA 90503 LOCATION: 847 South State College Boulevard. Property is approximately 0.33-acre, having a frontage of 100 feet on the west side of State College Boulevard, located approximately 170 feet north of the centerline of Morava Avenue (EI Gaucho Market). Request reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on July 1, 2002 to expire July 1, 2003) to retain retail sales of beer and wine for both on-premises and off-premises consumption in conjunction with a Project Planner: previously-approved convenience market and delicatessen and to modify (cwaoner(a)anaheim.net) conditions of approval to allow window signage and the sale of single bottles and cans of beer. sr1024cw.doc O:S.104 CONDITIONAL USE PERMIT RESOLUTION NO. 6a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) 6b. CONDITIONAL USE PERMIT NO. 2001-04347 (TRACKING NO. CUP2003-04732) OWNER: White Star Business Park, 1020 North Batavia Street, Unit B, Orange, CA 92867 AGENT: Richard Johnson., AAA Electra 99, 2821 East White Star Avenue, Unit D, Anaheim, CA 92806 LOCATION: 2821 East White Star Avenue -Unit D. Property is approximately 2.1 acres, located at the northeast corner of Blue Gum Street and White Star Avenue. Request reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on June 19, project Planner: 2001 to expire June 19, 2003) to retain a cooperative arts museum, (cwaaner(o7anaheim.net) gallery and meeting hall. sr1123cw.dpc CONDITIONAL USE PERMIT RESOLUTION NO. O.S. 132 08-11-03 Page 6 7a. CEQA NEGATIVE DECLARATION 7b. GENERAL PLAN AMENDMENT N0.2003-00411 7c. RECLASSIFICATION N0.2003-00107 7d. VARIANCE NO. 2003-04570 7e. TENTATIVE TRACT MAP NO. 16557 7f. WAIVER OF COUNCIL POLICY NO. 542 OWNER: Roger J. Work, 2010 Main Street, Huntington Beach, CA 92648 AGENT: Y S Virk, 9017 Harvard Avenue, Buena Park, CA 90620 LOCATION: 3601 West Ball Road. Property is approximately 0.85- acre, having a frontage of 167 feet on the north side of Ball Road, located 653 feet west of the centerline of Knott Avenue. GENERAL PLAN AMENDMENT N0.2003-00411 - Request to amend the Land Use Element Map of the General Plan redesignating the property from the General Commercial designation to the Low Medium Density residential designation. RECLASSIFICATION NO. 2003-00107 -Request reclassification of the property from the RS-A-43,000 (Residential/Agricultural) zone to the RM- 3000 (Residential, Multiple-Family) zone, or a less intense zone. VARIANCE NO. 2003.04570 -Request waivers of: (a) minimum private street standards, (b) minimum structural setback adjacent to interior lot lines, (c) minimum recreational leisure area, and (d) minimum distance between buildings to construct a 10-unit attached residential condominium subdivision. TENTATIVE TRACT MAP NO. 16557 - To establish a 1-lot, 10-unit airspace attached residential condominium subdivision. COUNCIL POLICY NO. 542 -Waiver of Council Policy pertaining to residential projects within 10p feet of a railroad right-of-way. - GENERAL PLAN AMENDMENT RESOLUTION NO. RECLASSIFICATION RESOLUTION NO. VARIANCE RESOLUTION NO. Project Planner: (avazouezCo anaheim.net) sr8629av.doc O.S. 2 OB-11-03 Page 7 8a. CEQA NEGATIVE DECLARATION 8b. CONDITIONAL'USE PERMIT NO. 2003-04736 OWNER: Cal Asia Property Development Company, 1517 South Sepulveda Boulevard, Los Angeles, CA 90025 AGENT: TW Layman Associates, Attn: Tim Saivar, 16633 Ventura Boulevard, Suite 1320, Encino, CA 91436 LOCATION: 101 South Brookhurst Street. Property is approximately 0.40-acre, located at the southwest corner of Lincoln Avenue and Brookhurst Street. Request to construct a 3-unit commercial retail center. CONDITIONAL USE PERMIT RESOLUTION NO. Project Planner: (Iota mi rezta7 ana he i m. n et) sr503Djcdoc Q:S. 33 ADJOURN TO MONDAY, SEPTEMBER 8, 2003 AT 11:00 A.M. FOR PRELIMINARY PLAN REVIEW AND FOR A PRESENTATION BY THE ORANGE COUNTY WATER DISTRICT ON THE GROUNDWATER REPLENISHMENT SYSTEM PROJECT.. (DUE TO LACK OF QUORUM THE AUGUST 25, 2003 MEETING HAS BEEN CANCELLED). 08-11-03 Page 8 CERTIFICATIOM OF POSTING I hereby certify that a complete copy of this agenda was posted at: 3: o o P .,.... Q.v-y~,~ ?. 200 3 (TIME) ( TE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL^DISPLAY KIOSK SIGNED: ~ T t.~.~.H--•+---n If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. RIGHTS OF APPEAL FROM PLANNING COMMISSION ACTION The .action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits and Variances shall be considered final unless, within 22 days after Planning Commission action and within 10 days regarding Tentative Tract and Parcel Maps, an appeal is filed. This appeal .shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. ANAHEIM CITY PLANNING COMMISSION In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning Department, (714) 765-5139. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Recorded decision information is available 24 hours a day by calling the Planning Department's Automated Telephone System at 714-765-5139. 08-11-03 Page 9 SCE®ULE 2003 A~1~~-2~ CANCELLED SEPTEMBER8 SEPTEMBER 22 OCTOBER 6 OCTOBER 20 NOVEMBER3 NOVEMBER 17 DECEMBER1 DECEMBER 15 DECEMBER 29 OS-11-03 Page 10 ITEM N0. 7-A ~ II I p3• VEFOE pU RG156o-94 O 'DO C`6&~ Na l I I J -1B ~'Spg555 N P•5.7200 ~uv xoB2~ ~ NAPA PL ~ pU pl'' cL o. RCL fi7-66J4 x.1335 m ty$.120D 59-60.94 m 7~ 1 pU ~" R5-720p_ ~A m 1 DU V~ oNO a MO~VP pVE NQ N'Q. G77m" p rLL~l r7 oQ ~~ ~~ N'URAPL NW r~ ~p,VPpl ~~ ~ y ~ RS:7200_ W w 1 DU FyS.1200 ~ J rc 1DU~ "1pU.r N~ ~ ~' ~~~ ' ? m NYON PL ~,CE ~", + ~ RSA-03 000 - j: N OL L' 3r ~ RCL 2001-00055 f: ~ N ~R ~ RCL fiS-6fi 109 ~~ ~~ I T-CUP 2063-04716 ~r s, W 5000 y,r T-CUP 2002-04677*~ ~~ J pM• 74.13 ~ cuP goof o44z7 J _ RS"120p Rp165;~~ CUP 635 -, ~' Q VERMONT AVE R1~DU0 6 * e>>~ , 1 DU EP' 1 DU FA~ , ,r/~ 25D. ~ W ~~ 1~ ~ omcn RpU EP NUE ~ °oW ~~ VERMONT AVE ~, v~RM~~-~ p,VE o ~~ RS-720D 1 DU FA. RS-A-43,000 ROOSEVELT RS-A-43,OD0 ELEMENTARY BOYSEN RM-2400 SCHODL PARK RCL 72-73.17 CUP 1336 82:DU~ Conditional Use Permit No. 2001-04427 ~ " Subject Property ;. TRACKING NO. CUP2003-04716 Date: June 30, 2003 Scale: 1" = 200' Requested By: GARY FRAZIER O.S. No. 104 REQUEST FOR FINAL ELEVATION, LANDSCAPING, SIGNAGE, LIGHTING, MECHANICAL EQUIPMENT, TRASH ENCLOSURE, FENCING AND GATES, AND RECREATIONAL AREA PLAN REVIEW AND TIME EXTENSION TO COMPLY WITH CONDITIONS OF APPROVAL FOR APREVIOUSLY-APPROVED 60-UNIT, 3-STORY, "AFFORDABLE", SENIOR CITIZEN'S APARTMENT COMPLEX WITH A DENSITY BONUS WITH WAIVERS OF (a) MINIMUM NUMBER OF PARKING SPACES (b) MINIMUM BUILDING SITE AREA PER DWELLING UNIT (c) MAXIMUM STRUCTURAL HEIGHT (d) MINIMUM SETBACK ABUTTING ONE-FAMILY RESIDENTIAL DEVELOPMENTS 891 State College Boulevard 784(2003-6.13) ATTACHMENT - ITEtt N0. 1-A MEMORANDUM CITY OF ANAHEIM Lode E~ jorce~nent Division DATE: JUNE 6, 2003 TO: DAVE SEE, SENIOR PLANNER FROM: (}'aDON YOURSTONE, SENIOR CODE ENFORCEMENT OFFICER SUBJECT: NSPECTION OF THE PROPERTY AT 891 S. STATE COLLEGE BLVD. This memo is written in response to your request for information regarding the property located at 891 S. State College Blvd. Code Enforcement records indicate one complaint had been received on April 28, 2003 regarding graffiti on the Westside block wall. The graffiti was removed. On June 5, 2003, I conducted an inspection of the property and found the property to be a vacant lot and no construction has been started. If you have any further questions reearding this matter, please feel free to contact me at ext. 4451. m799dy.doc ATTACHMENT - RER 1-B RESOLUTION NO. PC2001-120 _ A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04427 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: - - - PARCEL1 THAT PORTION OF LOT 16 OF "ANAHEIM EXTENSION," IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SURVEYED BY WILLIAM HAMEL DECEMBER 11, 1868 AND FILED FOR RECORD IN THE OFFICE OF THE - COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, A COPY THEREOF BEING ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, IN BOOK3, PAGES 163 ET SEQ. OF "LOS ANGELES COUNTY MAPS", DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERLINE INTERSECTION OF PLACENTIA AVENUE 60.00 FEET LN WIDTH (NOW STATE COLLEGE BOULEVARD) AND VERMONT AVENUE 66.00 FEET IN WIDTH, SAID POINT ALSO BEING THE SOUTHEASTERLY CORNER OF SAID LOT 16; THENCE FROM SAID POINT OF BEGINNING AND ALONG THE CENTERLINE OF VERMONT AVENUE AND THE SOUTHERLY LINE OF SAID LOT 16, SOUTH 74 DEGREES 34' 15" WEST 641.43 FEET, MORE OR LESS, TO THE WESTERLY LINE OF THE LAND CONVEYED TO BERNARD SCHROEDER BY DEED RECORDED 1N BOOK 352, PAGE 266, DEEDS, RECORDS OF ORANGE COUNTY,.. CALIFORNIA; THENCE ALONG THE WESTERLY LINE OF THE LAND OF SCHROEDER, NORTH 15 DEGREES 2T 20" WEST 255.83 FEET; THENCE ENTERING THE LAND OF SCHROEDER, NORTH 74 DEGREES 34' 15" EAST 712.57 FEET; ORE OR LESS, TO THE EASTERLY LINE OF SAID LOT 16,AND THE CENTERLINE OF PLACENTIA AVENUE; THENCE ALONG THE EASTERLY LINE OF SAID LOT 16, AND THE CENTERLINE OF PLACENTIA AVENUE, SOUTH 0 DEGREES 15' 15" WEST 265.51 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE. SOUTHWESTERLY 340 FEET THEREOF. PARCEL 2: THAT PORTION OF LOT OF A OF TRACT O, 2205, AS SHOWN ON A MAP RECORDED IN BOOK 64, PAGES 33, 34 AND 35 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, LYING EASTERLY OF THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF TRACT NO. 8417, AS' SHOWN ON A MAP RECORDED IN BOOK 339, PAGES 49 AND 50 OF SAID MISCELLANEOUS MAPS: WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 27, 2001 at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: CR5174PK.doc -1- PC2001-120 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Sections 16.21.050.325 and 18.94.020 to construct a 60-unit, three-story "affordable" sentor citizens' apartment complex with a density bonus and waivers of the following: (a) Sections 18.06.050.013.0131 18.06.080 and 18.94.036.010 (b) Sections 16.34.061.010 18.94.031.020 and 18.99.040 - Minimum number of parking spaces. - (66 required; 50 proposed) - Minimum building site area per dwellino unit. (1,200 square feet per unit required; 1.052 square feet per unit proposed) (c) Sections 18.94.030 - Maximum structural height. 18.94.032.010 (23-foot high building shall Rave minimum 46-foot setback from and 18.99.040 RS-7200 zoning to the north, 25-foot setback proposed; and 35-foot high building shall have minimum 70-foot setback from RS-7200 zoning to the north, 50-foot setback proposed) (d) Sections 18.34.063.002.028 - Minimum setback abuttihg one-family residential 18:94.033.010 developments. and 18.99.040 (20-foot fuliv-landscaped setback required; none to 5 feet proposed .between open parking spaces and RS-720D and RS-5000 zoning to the north and west) 2. That waiver (a), minimum number of parking spaces, is hereby approved on the basis that the petitioner submitted a parking study prepared by a registered traffic engineer, and that the City Traffic and Transportation Manager has reviewed the study and determined that the proposed on-site parking is adequate for this proposed use at this location: 3. That the parking waiver; under the conditions imposed, will hot cause fewer off-street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of the proposed user 4. That the parking waiver, uhderthe conditions imposed; will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use. 5. That the parking waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use. 6. That the parking waiver, under the conditions imposed, wilt not increase traffic congestion within the off-street parking areas or lots provided for the proposed use. 7. That the parking waiver, under the cohditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. 8. That waiver (b), minimum building site area per dwelling unit, is for a density bonus of about 15% in conjunction with an "affordable" senior citizens' apartment complex; and that the waiver is hereby approved on the basis that, as conditioned herein, the petitioner will enter into appropriate agreements with the City of Anaheim regarding age and occupancy requirements for this seniors' project, and to set aside specific numbers of units for very low income households and for lower income households. -2- PC2001-120 9: That waiver (c), maximum structural height, is hereby approved on the basis that this proposal is an "affordable" seniors' housing project; and that the proposed site plan lessens any .possible visual intrusion towards the nearby residence because the north wing of the proposed building is oriented perpendicular to the adjacent single-family residences. 10. Waiver (d), minimum landscaped setback abutting one-family residential developments, is hereby approved on the basis that this proposal is an "affordable" seniors' housing project. 11. That the proposed construction is an eligible housing development;'that each incentive (waiver) granted to the petitioner is necessary to make the proposed housing project economically feasible to provide for affordable housing costs; that the density bonus and each additional incentive granted will further the City of Anaheim's affordable housing goats as set forth in the Housing Element of the City's General Plan; and that each incentive will not, on balance, be detrimental to the public.health, safety and welfare, and will not cause injury to property in the immediate vicinity of this eligible housing project 12 That the petitioner has submitted information indicating that services including food markets, retail stores, medical offices and financial institutions (banks), are readily-available on State College Boulevard within short walking distances of subject property; and that public transportation (i.e., bus lines) is available on State College Boulevard. 13, That no one indicated their presence at the public hearing in opposition td the proposal; and that no correspondence was received in opposition. 14. That one person spoke in favor of the proposal at the public hearing; that 19 people present at the public hearing indicated their approval of the proposal; and that one letter in support of the proposal was received. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to construct a 3-story, 60-unit affordable senior citizens apartment complex with a density bonus with waivers of minimum number of parking spaces, minimum building site area per dwelling unit, maximum structural height and minimum required setback abutting a single-family. residential zone on airregularly-shaped, 1.45-acre property is located at the northwest corner of State College Boulevard and Vermont Avenue, with frontages of 250 feet on the north side of Vermont Avenue and 225 feet on the west side of State College Boulevard (891 South State College Boulevard); and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the Jead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That lighting fixtures in any proposed parking area located adjacent to any residential property shall be down-lighted with a maximum height of twelve (12) feet; that the lighting fixtures shall be decorative and shall tie directed away from adjacent residential property lines to protect the residential integrity of the area; and that this information shall be specified on the plans submitted for building permits. -3- PC2001-120 2. That final plans shall be submitted to the Zoning Division for review and approval by the Planning Commission as a "Reports and Recommendations" item, including the following: (a) Detailed colored building elevation drawings, , (b) Exterior building materials and colors board (including roofing), (c) Landscaping plan, including minimum twenty four inch (24") box sized trees on,maximum intervals of twenty (20) feet on-center adjacent to the single family homes and the Vermont Avenue and State College Boulevard frontages, (d) Wall and/or freestanding signage within the complex, - (e) Exterior building light fixtures and parking Jot lighting,. (f) Mechanical equipment, including roof-mounted and ground-mounted (no window-mounted equipment shall be permitted), (g) ,Specific trash enclosure location(s) and features, (h) Pedestrian gates,.. (i) Perimeter fencing height, materials and location, Q) Driveway treatments, and (k) Detailed common recreational area amenity and improvement plans, including decorative hardscape features, community garden, fountains, patios, benches, tables, community barbecue, planter boxes, community fireplace, and/or other amenities that will promote community gathering areas within the complex. 3. That the developer shall submit satisfactory evidence (a noise study) to the Building Division showing that the senior citizens' apartment complex is in conformance with Council Policy Number 542 "Sound Attenuation in Residential Projects" and with Noise Insulation Standards specified in the California Administrative Code, Title 25. 4. That any proposed ground- or roof-mounted mechanical equipment shall be subject to the requirements of Anaheim Municipal Code. Said information shall be specifically shown on plans submitted for building permits. 5. That, if required by the Urban Forestry Division of the Community Services Department, the property owner/developer shallplant street trees within the public right-of-way adjacent to Vermont Avenue and State College Boulevard. The size, type and number of trees shall be provided to the satisfaction of the Urban Forestry Division; and this information shall be specified on the plans- submitted for. building permits 6. That the location(s) for future above-ground utility devices including, but not limited to, electrical transformers, water backfiow devices, gas, communications and cable devices, etc., shall be shown on the plans submitted for building .permits. The plans shall also identify the specific screening treatment for each device (i.e., landscape screening, color of walls, materials, identifiers, access. points, etc.) and shall be subject to review and approval by the appropriate city departments. 7. That the legal property owner shall enter into an unsubordinated recorded Affordable Housing Agreement with the City of Anaheim satisfactory in form and substance to the Executive Director of the Community Development Department pursuant to California Government Code Section 65915 to provide that a minimum of 49 percent (49%) of the total proposed number of residential units shall be rented as Very Low Income housing as defined in California Government Code Section 65915 at or below fifty percent (50%) of the Adjusted Median Income and with appropriate rental controls as approved by the City of Anaheim for a period of not less than thirty (30) years from the date of issuance of occupancy permits. In addition, the legal owner shall also include in the agreement a provision that a minimum twenty five percent (25%) of the total number of proposed units shall be rented as Lower Income housing (as described in Anaheim Municipal Code Section 18.94.040) with appropriate rental controls as approved by the City of Anaheim for a period of not less than thirty (30) years from the date of issuance of occupancy permits. A copy of the recorded covenant shall then be submitted to the Zoning Division. -4- PC2001-120 8. That not more than two (2) persons, at least one (1) of whom must be a senior citizen aged sixty two (62) or older shall reside in, or be permitted to reside in any bachelor or one (1) bedroom unit; and that not more than three (3) persons, at least one (1) of whom must be a senior citizen, shall reside in, or be permitted to reside in any two (2) bedroom unit; and that all occupants and residents of any dwelling unit who are not senior citizens other than the spouse or cohabitant of, or a person who resides with and provides primary physical or economic support to the resident senior citizen, shall be at least forty. five (45) years of age except that temporary residency by a person less than forty five (45) years of age. for a cumulative period of sixty (60) days in any calendar year shall be permitted; and that an unsubordinated covenant in a form approved by the City Attorney so-limiting such occupancy shall be recorded with the Office of the Orange County Recorder by the legal owner of the property. A copy of said recorded covenant shall then be submitted to the Zoning Division. 9. ThaEtwo (2) trash storage areas shall be provided and maintained in locations acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said storage areas shall be located at the ends of the building wings and shall be designed, located and screened so as not to be readily identifiable from Vermont Avenue and State College Boulevard. The walls of the storage areas shall be protected from graffiti opportunitiesby the use of plant materials such as minimum one (1) gallon sized clinging vines'' planted on maximum three (3) foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 10. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Streets and Sanitation Division for review and approval. 11. That any required .relocation of city electrical facilities shall be at the expense of the developer. 12. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim an easement across the property (to be determined when electrical design has been completed) for public utility :purposes. 13. That the developer shall provide the City of Anaheim with electrical utility easements for pad mounted equipment and substructures associated with Underground District No. 42. Said electrical utility easements will be in addition to the electrical utility easement for the pad mounted transformer and high voltage primary feeder to the development; and in accordance with approved plans on file with the Public Utilities Department. 14. That the water backfiow equipment and any other large water system equipment shall be installed to the satisfaction of the Water Utility Division of the Public Utilities Department in either underground vaults or behind the bermed landscaped setback area in a manner fuAy screened from all public streets and alleys. Said information shall be specifically shown on the plans submitted for building permits. 15. That a private water system with separate water service for fire protection and domestic water shall be provided. 16. That the developer/owner shall provide a detailed waterusage analysis and building plahs for Public Utilities Water Engineering review and approval to determine the adequacy of the existing water system to meet the project's water requirements. Any system improvements shall be completed in accordance with Rule No. 15A.6 of the Rates, Rules and Regulations. 17. That aJot line adjustment plat to combine the existing lots shall be submitted to the Subdivision Section (Development Services Division) of the Public Works Department and approved by the City Engineer and then recorded in the Office of the Orange County Recorder. -5- PC2001-120 18. That the developer shall construct a sewer retention tank to store all effluent on site. The tank may be discharged into the city's public sewer system during the off peak hours of 1 T p.m. to 5 a;m:=The developer shall draft a restrictive covenant agreeing to this requirement. Said covenant shall be submitted to the Planning Department and will be reviewed and approved by the Development Services Division of the Public Works Department and the City Attorney's Office. 19. That gates shall not be installed across any driveways in a manner which may adversely affect vehicular traffic in the adjacent public street. Installation of any gates shall' conform to Engineering Standard Plan No. 609 and shall be subject to the review and approval by the City Traffic and Transportation Manager prior to issuance of a building permit. 20. That plans shall be submitted to the City Traffic and Transportation Manager for review and .approval showing conformance with the most current versions of Engineering Standard Plan Nos. 402, 436, 601, 602 and 604 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 21. That all driveways shall be constructed with ten (10) foot radius curb returns as required by the City Engineer in conformance with Engineering Standard No. 137. Said informatioh shall be specifically shown on the plans submitted for building. permits. 22. That plans shall be submitted to and approved by the City Traffic and Transportation Manager specifying how the vehicular security gates and vehicle turn-around area will function. 23. Condition No. 23 was deleted at the Planning Commission public hearing. 24. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. 25. That an on-site trash truck turn around area shall be provided in accordance with Engineering Standard Detail No. 610 and shall be shown on plans as required by the Streets and Sanitation Division. Said area shall be specifically shown on the plans submitted for building permits. 26. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 7, and as conditioned herein. 27. That prior to issuance of a building permit or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 3, 4, 5, 8, 7, 8, 9, 10,12, 13; 14, 16, 17, 18, 19, 20, 21, 22, 25 and 30, herein-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 28. That prior to final building and zoning inspections, Condition Nos. 15 and 26, above-mentioned, shall be complied with. 29. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 30. That the drive aisle on the northeast side of the subject property to State College Boulevard shall be reduced to twenty (20) feet in width; and that an eight (8) foot wide landscaped planter shall be provided between the drive aisle and the neighboring residential property; and that this information shall be specified on the plans submitted for building permits. -6- PC2001-120 BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction,.then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 27, 2001. (Original signed by J. Vanderbilt) CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTES-Ti (Original signed by Eleanor Fernandes) SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Fernandes, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on August 27, 2001, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this day of 2001. (Original signed by Eleanor Fernandes) SECRETARY, ANAHEIM CITY PLANNING COMMISSION -7- PC2001-120 I I[I"1 IVV. i-tl RM-1200 cH ML ML RCL 67-68-a0 RCL 64-65-53 ML 56-57-86 56-57-86 ML VAR 1974 VAR 2520 S fib-67-14 VAR 3660 56-57.86 56-57-8fi 56-67-86 ~ CUP 1921 a 76 DU cUP 7161 MILLS FORD SMALL IND. FIRMS SMALL IND. FIRMS ~~ PAMPAS LANE g~LL n z ML ML ML RCL 84~8S-01 56-57.86 T-CUP ML SMALL 66-fi7-14 2 2000-pp4 25 ML r~,~-68 5&57.66 T-CUP INDU6T. FIRM CUp 497 `.d-67-BB CUP 4075 T-Q1P A01-04342 CUP 56 CUP 497 p01-04342 CUP 3832 SMALL IND. cUPSe CUP 3832 CUP 2894 1DU FIRMS FAIRMONT CUP 3596 Cup 138 SUP 73 M4 PRIVATE ML RCL 80.61.36 ML SCHOOL T-CUP 2001-04342 ~ CUP 2217 68.87-14 CUP 3832 I CUP 2994 cUP 7045 58.57-BS FAIRMO NT PRIVAT E SCHOOL cuPZe43 CUP 937 CUP2001-04477 Rs-A-a3,ooo cuP7z2 CUP 2994 CUP 26d3 MABLE ST 1 °U (s9 e9aa LOARA ELEMENTARY SCHOOL - ~ _ ~cua~ij ML BUS I ML 66-67-14 CUP 2643 FAIRMONT PARKING 56-57-86 CUP 1711 PRIVATE CUP 2994 CUP 939 SCHOOL ML _ ML 66-67-1~ r -~ 2001-199 ML SUBTPM NO RCL 62-63 ' T ° r . 66.67-14 6s-67-14 56.57.8 °' '' ~ 56-57-8fi ~ SMALL IN[ p :~ VAR 2 7 CUP 1962 1 <~:;; ~ VAR 2116 SMALL INDUSTRIAL FIRMS ~z3' BROADWAY APTS. PRE- ~~~ SCMOO Fr /OAY RLYpLHEALT CARE CARE BOnR ARO U6E FpLILT RSA43,000 cuP 193z CHURCH RM-1200 RCL 67-88-19 59-60-2 CUP 2952 BEL' AGE MANOR SENIOR APARTMENTS 179 DU RM-1200 55-56-15 SHERWOOD RIVIERA APARTMENTS 60 DU I- 4 LL O J ELM AVE ~ It I.L ! l-/ L-l O } ~ Z 1- RSRS-50 RS-5000 ~ W VAR 2684 1 DU EACH 0 1 DU EACH ALEXIS AVE ^^ c^^^ Conditional Use Permit No. 2001-04477 ~~ r ~ u Subject Property TRACKING NO. CUP2003-04733 Date: August 11, 2003 Scale: 1" = 200' Requested By: RICHARD JACKSON Q.S. No. 54 REQUEST FOR A RETROACTIVE EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL FOR A TEMPORARY MODULAR OFFICE TRAILER IN CONNECTION WITH A PREVIOUSLY-APPROVED BUS STORAGE YARD FOR A PRIVATE SCHOOL. 1595 West Broadway -Bus Storage Yard for Fairmont Private School ea3 ATTACHMENT - ITEM N0. 1-B MEMORANDUM CITY OF ANAHEIM Code Enfo~~cement Division DATE: JULY 31, 2003 TO: JOHN RAMIREZ, ASSISTANT PLANNER FROM: ,DON YOURSTONE, SENIOR CODE ENFORCEMENT OFFICER SUBJECT: FAIRMONT PRIVATE SCHOOL BUS YARD, 1595 W. BROADWAY, REINSTATEMENT OF CONDITION USE PERMIT #2001-04477 This memo is written in response to your request for information regarding the Fairmont Private School Bus Yard located at 1595 W. Broadway. Code Enforcement records indicate no complaints have been received regarding the bus yard. On July 30, 2003, I conducted an inspection of the bus yard and found the business was operating within the following approved conditions # 4, 5 and 6 of Condition Use Permit #2001- 04477. If you have any further questions regarding this matter, please feel free to contact me at ext. 4451. mti0?dy.dac ATTACHMENT - ITEM N0. 1-B RESOLUTION NO. PC2001-177 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04477 BE GRANTED _ FOR FIVE YEARS TO EXPIRE DECEMBER 17, 2006 WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property sikuated in the City of Anaheim, County of Orange, State of California, described as: THE WESTERLY 170.00 FEET OF THE SOUTHERLY 195.00 FEET OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY pF ORANGE; STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY SAID LAND IS A PORTION OF LOT 7 OF THE HELEN 7 LYNCH SUBDIVISION AS PER MAP RECORDED IN BOOK 442 PAGE 16=58 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA SAID LAND IS INCLUDED WITHIN THE AREA SHOWN ON A MAP FILED FOR RECORD IN BOOK 11 PAGE 48 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS; the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 17, 2001 at 1:30 p.m., notice of said public hearing having been duly given as required by law and ih accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing,. does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.03.030.010 to permit a temporary modular office trailer in connection with apreviously-approved bus storage yard for a private school 2. That the proposed use is one that is not listed by the Zoning Code as 6eing a conditionally permitted use in the ML (Limited Industrial) zone. 3. That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located; and that the proposed 320 sq.ft. temporary modular unit (which will be used in conjunction with the previously-approved bus storage facility for the Fairmont Private Schdol) will maintain a 15-foot structural setback (which includes 10 feet of landscaping) along Broadway consistent with the previously-approved waiver granted in connection with Cbnditional Use Permit No. 2994. 4. That the size .and shape of the site for the proposed use is adequate to allow full development of the proposal in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. C R5267P K. DOC -1- PC2001-177 5. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and that there will be no traffic or parking impacts because the proposed modular unit will replace an existing covered outdoor storage area 6. That granting of this conditional use permit, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 7. That the size and shape of the property is adequate to allow full development of the modular unit with no detrimental impacts to the surrounding area 8. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Class 3, as defined in the State of California Environmental Impact Report ("EIR") Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City .Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That the subject use permit shall expire in five (5) years from the date of this resolution on December 17, 2006. 2. That the wall-mounted condenser unit shall not be visible to the adjacent public rights-of-way. Said information shall be specifically shown on the plans submitted for building permits. 3. That the petitioner shall obtain all necessary permits from the Building Division for the modular unit. 4. That the existing chainlink gate adjacent to Broadway shall be interwoven with new PVC slats. Said information shall be specifically shown on the plans submitted for'building permits. The slats shall be maintained in a like-new condition. 5. That plans submitted for building permits shall show six (6j, twenty four inch (24") box sized, trees to be planted in front of the modular unit to screen the structure from adjacent public streets. 6. That the existing vehicular access gate on Broadway shall remain closed at all times, other than to allow for the immediate entry or exit of a vehicle. 7. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which are on file with the Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein. 8. That prior to issuance of a permit for the modular unit or within a period of one (1) year from the date of this resolution., whichever occurs first, Condition Nos. 2, 4 and 5, above mentioned, shall be complied with. Extensions for further time to complete said condition may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 9. That prior to final building and zoning inspections, Condition No. 7, above-mentioned, shall be complied with. -2- PC2001-177 10. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 17, 2001. f Original si;ned ey Paul Bostwick) CHAIRPERSON PRO TEMPORE, ANAHEIM CITY PLANNING COMMISSION ATTEST; l4ri~inaf algned ey Eleanor Fernandes) SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Fernandes, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on December 17, 2001, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: ARNOLD IN WITNESS WHEREOF, I have hereunto set my hand this day of .2001. (Qriglna's s;~nad ay EBea:tor Farasndsat SECRETARY. ANAHEIM CITY PLANNING COMMISSION -3- PC2001-177 - ITEt1 N0. 1-C Soy ~~ ~~ cA~~"~11~0 pU 9 ~GV ~G~ ~yo B E~ GG~~~(~^9\P9 P PS ~ \ \ ALL PROPERTIES ARE IN THE (SC) (SCENIC CORRIDOR OVERLAY ZONE) Variance No. 2002-04547 ~ Subject Property TRACKING NO. VAR2003-04569 Date: August 11, 2003 Scale: 1" = 200' Requested By: CARLA FRAKES Q.S. No. 190 REQUEST FOR REVIEW OF FINAL SITE, FLOOR AND ELEVATION PLANS FORA PREVIOUSLY- APPROVED 6-LOT, 6-UNIT DETACHED SINGLE-FAMILY RESIDENTIAL SUBDIVISION. 6161 East Santa Ana Canyon Road D 884 ATTACHf1ENT-R&R t-C RESOLUTION NO. PC2003-7 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR VARIANCE NO. 2002-04547 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Variance for certain real property situated in the City of Anaheim, County of Orange, State of California described as: THAT PORTION OF THE LAND ALLOTTED TO JUAN YORBA, AS DESCRIBED IN THE FINAL DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, WHICH WAS ENTERED SEPTEMBER 12, 1868 IN BOOK "B" PAGE 410 OF JUDGEMENTS OF THE DISTRIC COURT OF THE 17T" JUDICIAL DISTRICT IN AND FOR LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:. THE SOUTHEASTERLY 339.13 FEET OF THE NORTHEASTERLY 174.10 FEET OF THE FOLLOWING DESCRIBED LAND: BEGINNING AT A POINT IN THE CENTERLINE OF SANTA ANA CANYON ROAD, AS DESCRIBED IN THE DEED RECORDED JUNE 7, 1928 IN BOOK 171 PAGE 144 OF OFFICIAL RECORDS, SAID POINT BEGIN LOCATED 688:16 FEET NORTH 60° 22' 55" EAST FROM A BOLT MARKING THE POINT OF INTERSECTION OF A CURVE, SAID BOLT BEING APPROXIMATELY 121.00 FEET, MORE OR LESS, EASTERLY ALONG SAID HIGHWAY FROM THE WEST LINE OF THE JUAN YORBA ALLOTMENT OF THE RANCHO SANTIAGO DE SANTA ANA, FROM SAID POINT OF BEGINNING NORTH 60° 22' 55" EAST 478.84 FEET ALONG SAID CENTER LINE; THENCE NORTH 29° 03' 20" WEST 1073.71 FEET TO A POINT dN A COMPROMISE BOUNDARY LINE AS SHOWN ON A MAP FILED IN BOOK 1, PAGE 38 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA; THENCE ALONG SAID COMPROMISE LINE SOUTH 67° 54' 30" WEST 459.85 FEET TO A POINT IN A LINE DRAWN NORTH 27° 55' 35" WEST FROM THE POINT OF BEGINNING; THENCE SOUTH 27° 55' 35" EAST 1134.39 FEET TO THE POINT OF BEGINNING. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 13, 2003, at 1:30 p.m., notice of said public hearing having been duty given as required bylaw and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence far and against said proposed variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the petitioner proposes waiver of the following to establish a 6-lot subdivision in the RS- 5000(SC) (Residential, Single-Family -Scenic Corridor Overlay) Zone: Section Nos. 18.04.020.023 - Minimum lot depth adjacent to a Scenic Expressway. and 18.84.042 (150 feet required from Santa Ana Canyon Road; 100. 120 and 149 feet feet proposed for Lot Nos. 6, 5 and 4) 2. That the above-mentioned waiver is hereby granted on basis that strict application of the Zoning Cpde would deprive the property of privileges enjoyed by other properties in the identical zone and classification in the vicinity because the proposed lot depths are consistent with established development patterns in the immediate vicinity. 3. That the requested variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, and denied to the property in question. C R\pc2003-7.doc -1- PC2003-7 4. That the requested variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the property is located. 5. That one person spoke at the public hearing in favor of the proposal 6. That one person spoke at the public hearing with questions and concerns regarding the proposal . 7. That one person spoke at the public hearing in opposition to the proposal; and that one letter was received with concerns and opposition regarding the proposal. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal for waiver of minimum lot depth adjacent to a scenic expressway to establish a 6-lot single-family residential subdivision in the RS-5000(SC) (Residential, Single-Family -Scenic Corridor Overlay) Zone on arectangularly-shaped 1.1-acre property having a frontage of 174 feet on the north side of Santa Ana Canyon Rcad and a maximum depth of 291 feet, being located 442 feet west of the centerline of Quintana Drive, and further described as 6161 East Santa Ana Canyon Road; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgement of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE 1T RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Variance, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That final site, elevation and floor plans for each residential structure shall be submitted to the Zoning Division for review and approval by the Planning Commission as a "Reports and Recommendations" item. 2. That all requests for new water services or fire lines, as well as any modifications, relocations or abandonment of existing water services and fire lines, shall be coordinated through the Water Engineering Division of the City of Anaheim Public Utilities Division. 3. Condition No. 3 is intentionally deleted. 4. That prior to rendering water service, the developer/owner shall submit a set of improvement plans for Public Utilities, Water Engineering Division, review and approval in determining the conditions necessary for providing water service to the project. 5. That all lots shall be assigned street addresses by the Building Division. 6. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said department. Said areas shall be specifically shown on the plans submitted for building permits (which plans shall show the trash storage and collection area(s) at scale). 7. That a Final Map to record the division of subject property shall be submitted to and approved by the Cily of Anaheim, and shall then be recorded in the Office of the Orange County Recorder. 8. That approval of this variance is contingent upon the approval of Tentative Tract Map No. 16452 and adoption of an ordinance in connection with Reclassification No. 2002-00088, now pending. 9. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plan is are on file with the Planning Department marked Exhibit No. 1, and as conditioned herein. -2- PC2003-7 10. That the property owner/developer shall Install street lights on Paseo Rio Verde, and that prior to issuance of building permits, a bond shall be posted with the City of Anaheim to guarantee installation of said improvements. The street lights shall be installed prior to issuance of an occupancy permit for . the first residence. 11. That prior to issuance of a building permit or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 4, 5, 6, 7, 8 and 10, above mentioned, shall be complied with. 12. That prior to final building and zoning inspections, Condition No. 9, above-mentioned, shall be complied with. 13. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 13, 2003. lOrigintil signedby Paul Bost~fickl CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: signed by Eleanor Merris~ SENIOR STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) t, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on January 13, 2003, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, ROMERO, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this day of ,2003. signed by Eleanor Pflorris! SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2003-7 ITEIt tt~. 2 ty5 50 5p0 ~M00015~j5.19 Q N ~Re ~FRGI g 1^~ to E`6 GN °o V PRVP~PNj41 GK~E PEE. 1 sj~E ,~~ u /1~ .3 A, ~~ N ~3 N »% °o jl tD~ ~t99 'VF~~ p,VENUE Conditional Use Permit No. 2003-04720 (READVERTISED) Subject Property Date: July 14, 2003 Scale: 1" = 200' Requested By: ZAHER MUSLEH Q.S. No. 84 TO PERMIT A W.I.C. (WOMEN, INFANT AND CHILDREN) STORE AND TO ESTABLISH LAND USE CONFORMITY WITH EXISTING ZONING CODE LAND USE REQUIREMENTS FOR AN EXISTING LEGAL NONCONFORMING LIQUOR STORE. .,- oE~ew ~ n,_ G~9 .9S Z~~ t~` r3~1 p~ EPEHel0.vcuP ~i+5 m Vg C cOPR~~2pu"gG OVet\ay ZOO NoF ~ t ~ ~~ SP uRMP ~ t ..i \ttten~il~ ~GPµ'SH S~vyN g~REEo G A m~ t OU~EPGH A \ ~ _~ 4 Z O rp V P' ~~ ~ S O f G :L r -a s C N "~' ~~~~ n t pU ~`,' to N t DU O / ~ wao 0 tou G N o t°~ 3 20 C42ppp~ Gwet\aY for s o{ ~ e~t~82oi A Zoe i 20. t~ ~v~ 804 South Anaheim Boulevard es: Staff Report to the Planning Commission '.August 1 T 2003 Item No. 2 2a. CEQA CATEGORICAL EXEMPTION -CLASS 1 2b. ` CONDITIONALUSE PERMIT NO> 2003-04720 < (Motion for contiriance) SITE LOCATION AND DESCRIPTION: (1) This rectangularly-shaped 0.43-acre property. is located at the southeast corner of Anaheim Boulevard and South Street, having frontages of 133 feet on the east side of Anaheim Boulevard and 142 feet on the south side of'South Street (804 South Anaheim Boulevard). .REQUEST: (2) The petitioner requests approval of a conditional use permit under authority of Code Section 18:44.050:195 to establish a W:CC. convenience store'and to establish land use conformity with existing'zoning code land userequirements for an'existing legal nonconforming liquor store. BACKGROUND: (3) This property is developed with two retail tenant suites and is zoned CL (Commercial Limited). The Anaheim General Plan Land Use Element Map designates the property for Low-Medium Density Residentialland uses..': (4) This item was continued from the July 14, 2003, Commission meeting to address land use conformity issues pertaining to the liquor store. Mc Nabil Houri; representing the W.I:C. cohvenience store business owner, has submitted theattached letter, dated'August 1 j 2003, requesting an additional two-month continuance to the October 6;'2003, Plarning Commission meeting in order to continue 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 October 6; 2003, meeting as requested by the petitioner. Sr3032a_ey Page 1 RUG 01 '03 09 28 August 1, 2003 Mts. Elaine Yambao Anaheim Planning Departmaat 200 6. Anaheim Blvd. Suite 162 Anaheim, CA 9a80s FROM NRBIL HOURI RRCHITECT TO 7147655280 PRGE.001 ATTACHFIENT - I TEl1 N0. 2 l~L1EJl.A1 lY ~®VBKl L~FCi..11d1L~1 !lro6ileoGe+c. C~/enei~, Oche ~' Comvaltigg Re: Planning Co®miaai9® Rcaring Dear Elainc We arc schediled for a PUuming Conamssion Herring for the "Batas Mmia Nuuidoml" WIC Store. We kindly [equest postpa~nng our hearing to 3' October 6, 2003, tmtil satnc of the issues between the prospective tP^AM 1yfr. Zeher Musleh and th~hoppmg ~ awncr, Mr. Louis Smaldino arc resolved. Ate- Naha Cc: Mr. Zaher M. Mustelt Mr. Amer NL Atef IZ LonystreeL Irvine. CA 926ZD33b8 Tat 944.539.7944 Fax 949.559.56"d5 t~Bcosact I'agc t of ~ avarooca~avno~at>~~wo~mva~me ~u~,mwma~rmoe~ a~~am,~e,a~ ~~ TOTRL PRGE.001 ** ITEF1 N0. 3 o< ~ CL rcv.zvn - _ _ _ _ _ _ _ _ _ _ _ I"~ RCL 85-66-29 cuP Zmo.arc, GL v ~ RCL 63-64-33 Ni°§I° ~ CUP 3678 vmos, TPM NO. 2001-ifi0 CUP 2951 R CUP 983 92 5 DU RM-1200 5 DU m m VAR 3691 RCL 77-78-21 .- o ' wm VAR 3554 CUP 955 ~ m x ~ mmN ¢ CL VAR 1794 RCL 69-70-28 J e ~ ~ m nH ~ CL q 91 z F RCL 73-74-OS VAR 1744 5 DU (Res. of Inl. to CL) 5 DU v ~ a ~ u~ ~¢LL R ALOB2~B5918 UARV z O w RCL 63-64-136 GRANADA INN VAR 2971 ~ ~ x ~ »o nn NO, i5s ~ a v CUP 2562 MOTEL m ~ o ~ PROF. OFFICES ~a~ S.S.B 4DU Om qpU ~w3 MINI-MART RESTAURANT ~Z Fa o °~ LINCOLN AVENUE I® 595' -® co RM3Q06IBCCI ftCL 9a]w] RCL 99A?i t 3-7200 cuP ]005 RCL fit-6328 U EACH vA""R isii CUP Y09]-04691 OFFICE 9mG. CUP 3429 CLIP 39] GL VAR 4041 I- RCL 77.76-23 GPA 139 W T-CUP 2003-04730 vncAet :5-7200 ~ CUP 4085 ~, ~ ' 7U EACH CUP 1999 ; ADJ 7B ., CL , ,,, RM-3000 (BCC) ~o SHOPPING CENTER .RCL 77-78-23 . ~ RCL 2001-00063 (~~ T-CUP 2003 04730. RCL 96-99-11 ~. CUP 1999 ~ -. RCL 62-63-26 U EACH o = W `.SHOPPING-~ -' CUP 2 0 03-046 81 ~ < m -CENTER CUP 3428 A w J CUP 2053 _ CUP 307 CUR 307 ~ O ~ -~ ~- CL - VAR 4041 ~ ~ T-CUP 2 3804730 ~ VACANT ~- SHOPPING CENTER= = Z ~ ~w~ p ~~~ AGRiC. o_ RS-A-43,000 -~O ~ 1 DU w z 3 ; RS-7200 ~ ~-1 DU EACH Z 1 DU EACH ® RS-A-43,000 3 cuP 2671 VAR 2277 PRIVATE SCHOOL - oo p .TRANSIT AVENUE W t7 -moo = o U Z °o V /AR 2014 ~w ^ N ~w ~~ ~~ -1 KO ' ' Conditional Use Permit No. 4085 Subject Property Tracking Number: GUP2003-04730 Date: August 11, 2003 Scale: 1" = 200' Requested By: RAULSTON, DONALD TRUST Q.S. No. 33 TO AMENp OR DELETE A CONDITION OF APPROVAL TO INCREASE THE NUMBER OF AMUSEMENT DEVICES FROM 10 TO 20 FOR APREVIOUSLY-APPROVED AMUSEMENT DEVICE ARCADE WITHIN AN EXISTING RESTAURANT WITH PREVIOUSLY-APPROVED SALES OF BEER AND WINE FOR ON-PREMISES CONSUMPTION. 2350 West Lincoln Avenue -Lamppost Pizza 66z RS-7200 - ~ 1 DU EACH RS-7200 1 DU EACH ' a Staff Report to the Planning Commission August 11, 2003 Item No:`3 3a. CEQA CATEGORICAL EXEMPTION -CLASS 1' (Motion) 3ti. ;CONDITIONALUSE PERMIT NOd 4085 (Resolution) (TRACKING NOi CUP2003-04730) SITE LOCATION'AND DESCRIPTION: (1) This irregularly-shaped 4.8-acre property is located at the southeast corner' of Lincoh `Avenue and Gilbert Street withr'frontages of 595 feet on the south side of Lincoln Avenue and 460 feet on he east side of Giltiert Street;(2350 West Lincoln Avenue -Lamppost Pizza). REQUEST: (2) The petitioner requests amendment or deletion of a condition of approval to increase the 'number of amusement devices'from 10 td 20 for a previously-approved amusement device arcade within an existing restaurant with previously-approved sales of beer' and wine'for on- premises consumption. BACKGROUND: ' (3) This property is developed with a commercial center and is zoned CL (Commercial, Limited). ; The Anaheim General Plan Land Use Element Map designates this property for General Commercial land uses. The Geheral Plan`further designates properties tb the north: (across Lincoln Avenue) as General Commercial, to the east'as Low-Medium Density Residential and to the south and west (across GilbertStreet) as Low Density Residential. (4) Conditional Use Permit No. 4085 (to permit an amusement device arcade for up to 10 amusement devices within an existing restaurant with previously-approved sales of beer and wine for on=premises consumption) was approved by he Planning Commission on December 21, 1998. 'Resolution No. PC98-207, adopted in conjunction with this permit, "contains the following bondition'of approval: "1. That the maximum number of amusement devices shall be limited toia total of ten (10) devices; and that said amusement devices shall be accessory to, and in conjunction with,'the primary restaurant use." DISCUSSION: (5) The petitioner proposes to amend a condition of approval pertaining to the number of ((amusement devices' permitted in conjunction withinan existing: ~estauranfwith previously- approved sales of beer and wine for on-pi-emises consumption.: Code requires a conditional 'use permit for amusement device arcades as defined in Anaheim Municipal Code Section '18.01.020 entitled "Amusement Devices".for five (5) or more amusement devices. The current business owner, Neil Alcantara, has submitted a letter requesting that Condition No. 1 of Resolution No.PC98-207.tie modified to allow ah rncrease from 10 to20 amusement 'devices. Sr8631vn Page 1 Staff Report to the Planning Commission August 11, 2003 Item No. 3 (5) The original floor plan (Exhibit No. 2) has been modified (Revision 1 of Exhibit No. 2) to section off a 20'x30' area for arcade games. IPshould be noted that he game arcade is f currently in operation with twelve (12) games, seven (7) candy machines and one (1) juke box. This case: is a result of an inspection by Code Enforcement Division staff;to determine whether the business was operating: ih compliance with the limitation`of ten (10) or fewer arcade games. Mr. Alcantara further: indicates that the arcade game area and'restaurant`are monitored by surveillance'cameras on a 24-hour basis. -~ ; ~; :~ ~ k g'" nt t t k ~ ACS 1~ ~, ~~ cy ~ ft£' z~ ,v ~ f Y., p , ~ Y i ~ ,.~. .~ sr F"~ is ~, ~~~ ~ f1~F `°` ~` ~ i ~ u.c l r x~ ELY ~.i ~ ~a,.~~e ~t 7 j 't s@s ~ bh R~ 1~ ~ ~ ~ ~ `~~ E~ ~ 2~ l ~~ ~ ~~ ~~ ~ ~ I ~ f i" ~' . ~ ~~_ air r n ~ ~~z'~ ~~~.~tA~ Delve , ffi M~ ~ ~ ~~, ~~~.~ v nxx , - , ~ ~ r r ~ ... ~~ 1 % j 'J~ 53 is .~ i 4~~ ~' <ro.i ~~ ~ f'~.sYre~~ `West Elevation of Restaurant (7) The Code Enforcement Division has submitted the attachetl memorandum dated August 4, 2003, indicatinglcomplianca with allother conditions of approval The Anaheim`Police Department has'submitted the attached memorandum dated, July 1;:2003, indicating no opposition to this request. (Sj This restaurant continues to serve as a primary8estinatioh for casual family dining, group.'. gatherings including sports team events. Arcade games are provided as accessory entertainment for patrons and their families. There wouldbe no additional impacts or increased demand on existing facilities or the shopping center. ENVIRONMENTAL IMPACT ANALYSIS: (g) I The Planning Director's authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15301;: Class 1 (Existing Facilities), as defined in the State CEQA Guidelines and is therefore; exempt from the requirement toprepare additional environmental documentation. Page 2 'Staff Report to the PlanningCommission :`August 11; 2003 Item No. 3 GROWTH MANAGEMENT ELEMENTANALYSIS: (10} The proposed project has been reviewed by affected City departments to determine whether _ it conformswith the City's Growth Management Element adoptetl by the;City Councif on March 17, :1992. Based on City staff review of the proposed project, it has been determined that this project does not fik within the scope necessary to require a GrowtH Management ElemenPanalysis, therefore, no analysis has been performed. FINDINGS: (11) Before the Commission grants any conditional use permit, it must make a finding of fact that :.the evidence presented shows tfiat all of tfte following conditions exist: (a) That the proposed use is properly one for which a conditional use permit is authorized by the ZoningjCode, or that said use is not listed thereih as being a permittetl Lse; (b) That the proposed use will not adversely affect the adjoining land uses and the growth andidevelopment 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 trafficgeneratedlbythe proposed use: will not impose an undue burden upon the streets and highways'designedand improved to carry the traffic in the area; and (e) That the granting of the conditional use permitunder the'conditions imposed, if any, will not be detrimental to the peace,. health, safety and general welfare of the citizens of the City of Anaheim. (12) Subsection' 18.03.092'of the Anaheim Municipal Code provides for the mdtlification or termination;of aconditional use permit for one or more of the following grounds: (a) That the approval was obtained by fraud; (b) That the use for which such approval is granted Is not being exercised within the time specified in such permit; (c) That the use for which such approval was granted has ceased to exist or has been suspended ocnoperative for any reason for a period of six (8) consecutive months or more; (d) That the permit granted is being, or recently has been exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation; (e) That the use for which the approval was granted has been so exercised as to be detrimental to the public fiealth or safety, or so as to constitute a nuisance; (f) That the use for which the approval was granted has no{been exercised, andahat based upon additional iriformatiort or due to ohanged circumstances, the facts Page 3 Staff Report to the Planning Commission August 11 2003 Item. No. 3 necessary to support one or more of the fequired showings for the issuance of such entitlement as set fdrth in this:chapter no longer exist; andfor' (g) That any'such modification, including the!imposition of any additional conditions ''. thereto, is reasonably necessary to protect the public peace; health, safety or general welfare, or necessary to permit reasonable operation under tfie conditional use permit as granted. RECOMMENDATION: (13) Staff recommends, that unless any additional or contrary;information is received during the public hearing, and based+'upon the evidence submitted to the Commission including the` evidence presented in this staff report, and oral+and written evidence presentetl at the public hewing, that the Commission take the following actions; 3. ' By motion,:determine that the project is Categorically Exempt under Section 15301; Class ('(Existing, Facilities) for the CEQA Guidelines; 4. By resolution, a rove amendment to Contlitional Use Permit No. 4085, (Tracking No. CUP2003-04730); (pertaining to an increase in the number ofamusemeht devices from 10 to 20 for apreviously-approved amusement device arcade within an existing restaurant'with previously-approved sales`of beer and wine for'on-premises r consumption) as conditioned, based on the following; (i) That an amusement device arcade is a conditionally permitted use authorized by the Zoning Code. B. That an increase from ten (10) to wenty (20) arcade games within the existing amusement device arcade use would not adversely affect the adjoining land uses and the growth antl development of the area in which it is'proposed to be located. 4. That the modification is necessary to permifthe reasonable operation of the restaurant and accessory amusement device arcade. 5. That the modification to the conditional use permit untler the conditions imposed would not be detrimental'to the peace, health, safety and general welfare of the citizens of the Citypf Anaheim', (c) 'Staff further recommends that should the Commission wish to approve this request` `that the conditions ofapproval'contalned in Resolution No. PC98-207 be' incorporated `into a nevv`resolutioh with the fallowing conditions of approval`(Condition Nos. 1, 4 ahd 9 have been modifietl): 1. That the maximum number of amusemenYdevices allowed shall be limited to a total of twenty (20) devices and further that the amusemenf devices are permitted onlyaccessory to, and in conjunction with, the primary restaurant use. 2. That if determined necessary by the Anaheim Police Department, licensed uniformed security guard(s), approved by the Anaheim Police bepartment shall be provided on the premises specifically to!provide security, and to discourage vandalism, trespass and/or loitering'upon or adjacent tb tFiis property: The enact number of security'guards required sfiall be determined by the Page 4 "Staff Report to the ' Planning Commission August 11, 2003 'item No;3 Police Department: Said security guard(s) shall remain on-duty as determined lobe appropriate by 2 the Police Department. 3. That there shall be'no advertisement for video games visible from the exterior of the business. 4. That a valid business license and arcatle pemtit shall be maintained with the Planning Department, Business License Division. 5. That there shall be`no pool tables permitted. 6. That the hours of operation shall be limited to Sunday through Thursday, 11 a.m. to 10 p.m?and Friday. and Saturday 11:00 a:m. to 12 midnight as tipulated by the' petitioner. 7. 'That window signage shall be prohibited except for that window signage on the comer window which surrounds the back'of the large screen television. 8. That the subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by, the petitioner and which plans are on file with the Planning Department marked. Exhibit No. 1 and Revision 1 of Exhibit fJo. 2 and as conditioned herein.r 9. That prior to the commencement of the activity'authorized by this resolution Condition No. 8, above-mentioned, shall be eomplied with. 10: That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Cotle and any other applicable City, State and Federalregulations. Approval does not Include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. Page 5 ATTACHIIENT - ITEM N0. 3 RESOLUTION NO. PC98-207. A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT N0.4085 BE GRANTED-" ' WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of Califomia, described as: PARCELS 1, 2, 4, 5 AND 5 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ONA MAP RECORDED IN BOOK 115 PAGES 40 AND 41 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.: WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 21; 1998 at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed bonditibnal use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.44.050.025 to permit an amusement device arcade for up to 10 amusement devices at an existing restaurant with sales of beer and wine for on-premises consumption. 2: 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. 3. That the size and shape of the site for the proposed use is adequate to allow the full development of the amusement device arcade as an accessory use to the established restaurant and does not affect compatibility with the surrounding land uses nor is it detrimental to the shopping center or to the peace, health, safety and general welfare. 4. That the traffic generated by the proposed amusement device arcade, which is located entirely within an existing restaurant, will not impose an undue burden upon the streets and highways' designed and improved to carry the traffic in She area because there is no increase in traffic associated with the arcade: 5. That granting of this conditional use permit, under the conditibns imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 6. That nb one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Class No. 15061(b)(3), as defined in the State of California Environmental Impact Report (EIR) Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR. NOVA', THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which .are ITICNAL USE PERAAIT /-~('I ~ CR3412PK.DOC -1- •~~ ~U~~ ~13r~-~ PC98-207 hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That the maximum number of amusement devices shall be limited to a total of ten (10) devices; and that said amusement devices shall be accessory to, and in conjunction with, the primary restaurant use. 2. That, if determined necessary by the Anaheim Police Department, licensed uniformed security guard(s), approved by the Police Department, shall be provided on the premises specifically to - provide security and to discourage vandalism, trespass and/or loitering upon or adjacent to this property. The exact number of security guards required shall be determined by the Police Department. Said security guard(s) shall remain on-duty as determined to be appropriate by the Police Department 3. That there shall be no advertisement for video games visible from the interior of the business to the exterior. 4. (Recommended Condition No. 4 was deleted at the Planning Commission public hearing.) 5. That a valid business license and arcade permit shall tie obtained from the Finance Department, Business License Division. 6. That there shall be no pool tables permitted within the restaurant or arcade areas. 7. That the hours of operation shall be limited to the following hours, as stipulated by the petitioner: Sunday through Thursday: 11:00 a.m. to 11:00 p.m. Friday and Saturday: 11:00 a.m. to 12:00 midnight.. 8. That within a period of one (1) month from the date of this resolution, the painted-on window. signage sfiall be removed; provided, however, that the window signage on the comer window, which surrounds the back of the large screen television, shall comply with Code requirements for temporary window signs. 9. That the operator of subject facility shall pay for the cost of any Code Enforcement inspections which may be required td address Code violations. 10. That the subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein. 11. That prior to commencement pf the activity authorized by this resolution or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 2, 5 and 10, above- mentioned, shalt tie complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 12. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the requestYegarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void: -2- PC98-207 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of _ __ December 21, 1998. (Original signed by Stephen W. Bristol) CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: (Original signed by Osbelia Edmundson) SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Osbelia Edmundson, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on December 21, 1998, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, WILLIAMS NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: ESPING IN WITNESS WHEREOF, 1 have hereunto set my hand this . 1999. day of (Original signed by Osbelia Edmundson) SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC98-207 CyPP 5~ A ~ ` s f V~ f 1 z ~ a p oS ~ N ~~ ~~ 0159 7 (N pGL 8499 RGUP X64 ~' Z tG V ~ N Z VPV F~O~ OF E 1 ~,OG. -1 N ~~' G FAppN µM ~~B,t ~ 0.1 G y,Y' EEN~00. O H~Up pU • 0.GL01~y~5t tGU0.~pj~ N OOPB0.~OGE WOO~GNGE SyQ ggp t ~~ c0$t~F 2 0.CL B1 ~~NO ~m ~!~s G '~'L~ ~ CG ~ 1B Zf L VMF~EH~ ~h ~ m~ ap Reclassification No. 2003-00108 „~~ Subject Property Date: August 11, 2003 Scale: Graphic Requested By: ANAHEIM SAVINGS AND LOAN, ARDEN REALTY FINANCE, Q•S. No. 72, 73, 83 DISNEY GOALS INC., NORTH AMERICAN RESORT, PETE VALENTITRUST,ANAHEIM REDEVELOPMENT AGENCY SAFEWAY STORES INC., SAVON REALTY INC., WATT COMMERCIAL A CITY-INITIATED (COMMUNITY DEVELOPMENT DEPARTMENT) REQUEST FOR RECLASSIFICATION OF THE PROPERTIES FROM THE CL, CG, AND CO ZONES TO THE CL (DMU) (COMMERCIAL LIMITED; DOWNTOWN MIXED USE) OVERLAY, CG (DMU) (COMMERCIAL GENERAL; DOWNTOWN MIXED USE) OVERLAY, AND CO (DMU) (COMMERCIAL OFFICE AND PROFESSIONAL; DOWNTOWN MIXED USE) OVERLAY ZONES. Bounded by Lincoln Avenue to the north, Broadway to the south, Anaheim Boulevard to the east and Harbor Boulevard to the west era /~ PDL OFFtGE BLDG' C,ptl'v Staff Report to the Planning Commission ' August 11;.2003 Item No.4 4a, ADDENDUM TOI<OLLANAHEIMCENTER-EIRlV0.189(Previously-Certified):; (Motion)`` 4b. r RECLASSIFICATION N0: 2003-00108 ? (Resolution) SITE LOCATION AND DESCRIPTION:.:: (1) The site for he reclassification request consists of multiple properties with'a combined area of approximately 36 acres bounded by Liricoln Avenue to the Korth, Broadway to the south, Anaheim Boulevard to the east; and Harbor Boulevard to the west (Downtown Anaheim). REQUEST: (2) This is aCity-initiated (Community Development Department) request for a reclassification of the properties from the CL (Oommercial; Limited), CG (Commercial, General), and CO (Commercial, Office and Professional) zones to the.CL (DMU),(Commercial, Limited; Downtown Mixed-Use Overlay),;CG (DMU) (Commercial, General; Downtown Mixed-Use Overlay), and CO (DMU) (Commercial, Office and Professional;: Downtown Mixed-Use `Overlay) zones. BACKGROUND: (3) Downtown Anaheim is currently developed: with a commercial retail center; City Hall facility, offices, ice skating rink, U.S, Post Office,: museum, and parking(structures`and is zoned CL, CG, and CO. The Land Use Element Map; of the Anaheim Gereral designates Downtown Anaheim for General Commercial and Open Space land uses..These properties are also located within the Downtown Sub-area of Redevelopment Project Alpha. (4) On July 14; 2003, the'Commission reviewed and recommended for approval to the City 'Council a draft ordinance containing provisions to establish a new Downtown Mixed'lJse (DMU) Overlay Zone and a draft resolution pertaining to the adoption of design guidelines for the DMU Overlay Zone. The Council introduced the ordinance on August 5, and has scheduled' he adoption for August 19. The Commission also initiated reclassification of the rezoning to the DMU Overlay for the properties outlined in this. report as well as properties ::not owned. by the applicant. DISCUSSION: ': (5) Mixed-useprojects are currently not permitted within he existing CO, CL, and CG zones in Downtown Anaheim. The DMU Overlay'zone, once:adopted by;Council,-would provide for he orderly development of "Planned Mixed-Use Developments" subject to a final plan review process, limitations on specific uses, and design guidelines. The DMU Overlay 'zone ordinance and?draft resolution pertaining to the:adoption of design guidelines for the oew zoning. are attached for the Commission's information. (6) The proposed reclassification would be consistent with the existing Land lJse Element Map of the General Plan: therefore, no general: plan amendment is proposed in'conjunction with the requested reclassification. The proposed reclassification would also be consistent with the preferred land use alternative of "Mixed Use" for the pending General Plan Update. sr2134ds Page 1' Staff,Report to the Planning Commission August 11; 2003 Item No.4 (7) On October 29, 2002, the City Council approved a Disposition and Development Agreement (DDA) between the Anaheim Redevelcpment Agency (ARA) and CIM California Urban Real Estate Fund;' LP (CIM).i On June 17, 2003, the City Council approved a first' amendment to the DDA. Both agreements provide for the conveyance of ARA-owned property and for the construction bf Mixed-Use project located within Downtown Anaheim. These properties are located within the Downtown Sub-area of Redevelopment Project ? Alpha. (8) Since April of2002, ARA staff has conducted over 62 community meetings to'discuss and receive comments on the downtown masteCplan and the CIM master plan, and to discuss the architectural design; oonceptuallandscaphg, and conceptual signage program forthe CIM project. (9) Attachment 1 shows the`ARA-owned development sites identified as Parcels A, B, C, antl D. Attachment 2 and the following chart provide a summary of the potential scope of development. '' Parcel No Residential Retail CulturaN Commercial New Parking Al - A3 ' 119 apartment units 18,906 s.f.* 65,000 s.f.'* 300 spac@s B 96 apartment units (previously 87 units) 6,000 s.f N/A 150 spaces C1*** 115 apartment`units ?.29,000 s.f. NIA 55 spaces: D 116'condominium units 11,000 s.f. N/A 125 spaces * Includes potential live/workspaces on'Parcel A2. ** Includes 10,000's.f. local history center and a potential 55,000 s.f. culinary school on Parcel A3. *** Parce(C2 not currently included in scope of development.:.. (10) No specific development'plans have been submitted in conjunction with this reclassification request. It should be noted that development proposals'for Planned Mixed-Use Developments'within the DMU Overlay Zone would be subject to review and'approval of; final site, floor; Jandscaping, elevation, roof and ground-mounted equipmentj;lighting; line- of-sight, fencing, signage; parking,`and pedestrian and vehicle circulation plans by the 7 Planning Commission as'a'Reports and Recommendations' item. All development proposals would be processed in accordance with the proceduresand contain the information set forth in the Final Plan Review Application; as wouldibe adopted by resolution of the Planning Commission and kept on file with the Planning Department. ' If the Final Plans! are found to be in conformance with the provisions of the ordinance, the Final Plans would be approved. Exceptions from the Final Plan review couldbe made by the Planning Director ocfiis or her designee for minor building or lahdscaping' modifications onlyi ENVIRONMENTAL'IMPACT ANALYSIS: (11) The'applicant has prepared an Initial Study and supportive information indicating that the previously-approved Addendum for the KoII Anaheim Center serves as adequate environmental documentation for this reclassification request to permit the potential construction of Planned Mixed Use Developments. During the Final Plan Review process (as'described ih paragraph no: (10) above), the Planning Commission will review a specific scope of developmentand will further determine whether the proposed building, structure, !.Page 2 Staff Report to the Planning Commission August 11, 2003 Item No,4 : 'or use has been environmentally cleared do aproject-specific level by prior environmental documentation. If prior environmental documentation is not adequate to environmentally clear the proposed use or project, aproject-specific nitial Study will be prepared and any necessary further environmental review and mitigation will be provided pursuant to the procedures outlined'for subsequent projects under a Program E.LR. (12) The Initial Study evaluates the overall development parametersestablished in the "previously=approvedrKoll Anaheim Center environmental documentation. 'The Addendum for the Kolf Anaheim: Center was previously-considered by the Planning Commission' in July bf 1994, in connection with approval of CUP 3695(Disney Ice Rink) and it June of 1990, in connection with approval of CUP 3286 (Koll Anaheim Center),,Reclassification 'No. 89-90=59, and Development Agreement No. 90-1. The Anaheim Center is a portion of :'the IargerbowntowrtSub-area of Redevelopment Project Alpha. Over time, a series of environmental documents havebeen certified in connection with various redevelopment activities within the Downtown Sub-area of Redevelopment Project Alpha:: The previously- certified environmental documents consist of Final Subsequent EIR for the Second :'Amendment to the Redevelopment Plan for Redevelopment Project Alpha (1976); ;:Supplemental EIR for Project Alpha Parcel 10 (1983); Subsequent EIR for Parcels"& and 9 (1983); and the most recent Addendum to the Koll Anaheim Center (1990). (13) .The Addendum for Koll Anaheim Center summarized and evaluated the approved mitigation measures from the previously-certified EIR's that directly relatetl to the Koll Anaheim'Center project and included additional traffic and sewer analysis The previously- `approvedenvironmental document is considered to fiave evaluated the worst case ''scenario.'As mentioned above, an InitialStudy willbe prepared for a specific development project dining the Final Plan Review process to determine if the project can be 'environmentally cleared by prior environmental documentation such as the Addendum for Koll Anafieim Centeron a project-specific'level. (14) Therefore, staff recommends tnat the Commission, based on the information contained in r the InitialStudy and(public input and evidence received during the public hearing, 'determine that the previously-certified addendum to EIR No: 189 for Koll Anaheim Center is adequate to serve as the required environmental documentation for this reclassification .',request. : GROWTH MANAGEMENT ELEMENTANALYSIS: (15) The proposed project has beem reviewed by affected City departments to determine whether it conforms'with tfie 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 would not fifvvithin the'scope necessary to require a Growth Management Element analysis: RECOMMENDATION: (i6) 'Staff recommends that, unless'additional`orcontrory information is received during the 'meeting, and based upon the evidence submitted tdthe Commission, including the evidence presented in this staff report, and oral and written evidence presented at the !'meeting the Commission take the following actions (a) By motion, determine that the previously-certified Addendum to EIR No. 189 for the Koll Ananeim Center is adequate to serve as the required environmental documentation for thisreclassification request. (b) ByYesolution, aoorove Reclassification No. 2003-0010t3 (to rezone Downtown Anaheim (bounded by LincoM Avenue, Anaheim Boulevard, Broadway and Harbor Page 3 Staff.Report to the Planning Commission August 11, 2003 Item`No.4 Boulevard) from the CL (Commercial, Limited), CG (Commercial, General), and CO (Commercial, Office and Professional) zones to the CL (DMU) (Commercial, Limited; Downtown Mixed-Use Overlay), CG (DMU) (Commercial, General; Downtown Mized- Use Overlay), and CO (pMU) (Commercial, Oft"ice'and Professional; Downtown Mixed-Use Overlay) zones, subject to City Council adoption of an ordinance and approvafof a resolution to establish a new Downtown Mixed lJse Overlay zone " subject to adoptionby the City Council of an ordinance codifying the DMU Overlay zone. Page 4 ATT/1CHItEIJT - ITEM I10. 4 Sent via Email MEMORANDUM 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-.area of Redevelopment Project Alpha, and review and approve the drafr ordinance containing provisions to establish a Downtown Mixed-Use Overlay Zone ("Overlay Zone". Mixed-use projects aze currently not allowed in the downtown azea. Initiating the reclassification and establishing the Overlay Zone will enable mixed-use projects within the area that is generally bounded by Anaheim Boulevard, Broadway, Harbor Boulevard 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. Lisa Stipkovich Brad Hobson F:\DOCS\DEV SVCSIMEMOS\KKM3707A.DOC j~ ~r A~'l ~~~~~L~ _-~cT1~ ~~,~~~~ z~ sW J (/J ~ ~ ~ r W ~ ~~ C uti}" ~~~ ATTACHt1ENT - ITEN No. 4 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 desl ned as combinable, but not connected, live/wor ks aces. "Includes 10,000 s.f. on Parcel A3 desl ned to house local histo center, other civic/ ublic s ace. "'Includes otential culina school on Parcel A3. ATTACHMENT - ITEM tJO. 4 ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANAHEIM ADDING ` '"' NEW CHAPTER 18.100 TO TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (DOWNTOWN MIXED-USE OVERLAY ZONE).: THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION L That new Chapter 18.1.00 be, and the same is hereby, added to Title 18 of the Anaheim Municipal Code to read as follows: "CHAPTER 18.100 DOWNTOWN MIXED-USE (`DMU') OVERLAY ZONE 18.100.010 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, with 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 commercial 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 BOUNDARIES OF DOWNTOWN MIXED-USE OVERLAY ZONE The DMU Overlay Zone covers an azea consisting of approximately thirty-five and forty- seven-hundredths (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 boundazies of the DMU Overlay Zone aze delineated and legally described and depicted in attached Attachment A, entitled "Legal Description and Depiction of DMU Overlay Zone Property." 18.100.030 GENERAL PROVISIONS FOR THE DMU OVERLAY ZONE .010 Applicable Regulations. Unless otherwise expressly set forth in this Chapter, the uses, regulations and development standards for property in the DMU Overlay Zone shall be those applicable to the underlying zone. The provisions of this Chapter shall apply in addition to, and where inconsistent with, shall supersede the corresponding regulations of such underlying zones. .020 Implementation. No grading permit or building permit for a Planned Mixed-Use Development, as defined in subsection 18.100.050.010, shall be issued 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 by subsection 18.100.040.020 'Final Plan Exemptions.' Construction for such development may commence only after the Planning Director or the Planning Director's designee finds that the project is in compliance with the regulations, 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 below, 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, CONDITIONAL 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 lie within the boundaries of the Alpha Downtown Redevelopment Project Area shall be forwarded to the Community Development Department for review. The Executive 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. .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 that 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 Structures) 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 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 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: ]f 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 in the DMU Overlay Zone, Final Plans, including, but not 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 3 adjoining public rights-of--way, exterior lighting plans, line-of--sight drawings, and such other plans and information as may be required"by the Planning Director or the Planning Directors designee and/or the Planhing Commission, shall be prepared and submitted to the Plariiiing 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 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 pazlting 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 squaze footage of the existing buildings or one thousand (1,000) squaze feet, whichever is less and which do not increase the pazlcing 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. Plans for projects which are exempt from Final-Plan review pursuant to subsection 18.100.040:020 shall be submitted to the Planning Director or his ocher designee for a determination of 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 Chapter, 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, structure 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-I, 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 Project Alpha, Parcel 10 by Agency Resolution ARA-83-85, adopted September 6, 1983, and Final Subsequent Environmental Impact Report 4 for the Second Amendment to the Redevelopment Plan for Project Alpha by Agency Resolution ARA 76-38, adopted November 23, 1976, and/or other final environmental documentation for projects in the DMU Overlay Zone. If prior environmental documentation is not adequate to environmentally clear the proposed use or project, an initial study shall be prepazed and any necessary further environmental review and mitigation shall be provided pursuant to the procedures outlined for subsequent projects under a Master E.I.R. 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 reclassifications, 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 (15) days. .060 Development Review and Permits .0601 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. .0602 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. .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'Reviewand Approval' and 18.100.040.050 'Appeal of Planning Commission Action' of this Chapter. S 18.100.050 PERMITTED PRIMARY USES AND STRUCTURES Subject to the provisions ofthe DMU Overlay Zone, the following primary uses, buildings and structures, either singly or in combination, shall be permitted in the DMU Overlay Zone: .010 "Planned Mixed Use Development." A'Planned Mixed Use Development' shall consist of mixed-use projects including attached one-family dwellings, multiple- familydwellings, condominiums, apartments, stock cooperatives, townhouses, rowhouses, lofts, home occupations, residential planned unit developments, senior citizen apartments (subject to the requirements of Chapter 18.94 of this Code), or other forms of clustered residential dwellings, combined with any of the Non- Residential Uses listed in subsection .020 hereof. Other uses may include Permitted Accessory Uses and Structures in Section 18.100.060 of this Chapter, and Conditional Uses and Structures as set forth in Section 18.100.080 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 or lots. Parcels without frontage on a public street will be permitted if the appropriate easements, as required by the City Public Works Department, aze 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. All vehicle access shall be from a vehicle circulation system designed and improved in accordance with the applicable City Engineering Standards. Maximum building and pazking 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. The development will typically include shared vehicle and pedestrian circulation, shared parking, and common areas such as landscaping. Unsubordinated Covenants, Conditions and Restrictions ('CC&R's'), as required and approved by the Planning Department and Public Works Department, and further subject to approval by the City Attorney, 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 limited to, access ways, parking areas, landscaping, irrigation facilities, signs and other common amenities or features. .020 Permitted Non-Residential Uses. Permitted non-residential uses contained within a Planned Mixed Use Development may include the following: 0201 Accounting, bookkeeping, CPA firms, and temporary CPA firms. 0202 Advertising agencies. .0203 Antique shops. .0204 Appraisers. 0205 Art, music and photography studios. 0206 Bakeries, confectioneries, and donut shops.. .0207 Banks and financial firms. .0208 Barbers, beauty shops, and nail salons: .0209 Book stores. .0210 Brokers offices, including but not limited to real estate and business opportunities. .0211 Business systems companies. .0212 Clothing and shoe stores. .0213 Communication consultant offices. .0214 Computer analysis firms. .0215 Confectionery and candy stores. .0216 Credit reporting agencies. .0217 Designer offices: industrial, interior, graphic. .0218 Drugstores and pharmacies. .0219 Dry cleaning (drop-off and pick-up convenience center without on-site dry cleaning) businesses. .0220 Facility maintenance and planning firms. :0221 General professional business offices. .0222 Gift shops. :0223 Health clubs, health spas, day spas, and physical fitness facilities (of 4,000 square feet in gross floor area or less). 0224 Hobby shops. .0225 Insurance companies and agencies. 7 .0226 Inventory services. .0227 Jewelry stores. .0228 Leasing companies. .0229 Management consultants and management companies. 0230 Markets or grocery stores over fifteen thousand (15,000) square feet. 0231 Mazketing research firms. .0232 Medical and dental offices.. .0233 Museums and art galleries. 0234 Outdoor seating or dining. .0235 Personnel agencies. :0236 Postal or mailing services. .0237 Real estate development companies. .0238 Sales offices. .0239 Secretarial and business services. .0240 Restaurants: full-service, coffee shops, sandwich shops, and delicatessens. .0241 Video, DVD, music, and electronics rental or sales stores. .0242 Uses or activities not listed, nor specifically prohibited, in this Chapter which aze determined by the Planning Commission to be compatible with the intended purpose of the DMU Overlay Zone. 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: .010 Administrative, maintenance, and/or indoor storage facilities necessary to support the operation of permitted primary uses. 8 .020 Amusement devices; subject to the provisions of Chapter 4.14'Amusement Devices' ofthis Code. .030 Garages, carports and utility rooms or structures: .040 Home occupations, subject to the provisions of Section 18.02.052.042 `Home Occupations' ofthis 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 orsemi-enclosed. .100 Signs subject to the provisions ofthis Chapter. 110 Telecommunications facilities that are completely screened from view or disguised as an integral azchitectural feature. .120 Thematic elements, such as three-dimensional objects ornon-occupiable structures, including gateways, towers, public art displays, monument, fountains, sculptures, spires, and similar azchitectural 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. ..030 Open air festivals, where the appropriate permits 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. 9 18.100.080 CONDITIONAL USES AND STRUCTURES The following uses, buildings and stmctures shall be permitted where integrated within 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 standazds 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 consumption of beer or ale. .060 Business, vocational, trade schools and training centers. .070 Carts and kiosks, provided that 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 Conversion of existing structures into Planned Mixed Use Development projects or other similar mixed uses, except those listed in Section 18.100.090 (Prohibited Uses and Structures), based on project-specific features and conditions.. 110 Day care facilities with eight (8) or more children. 120 Health spas and physical fitness centers (of four thousand [4,000] squaze feet in gross floor area or lazger). 130 Hotels. 140 Laundry, self-service establishments. 150 Liquor stores. 10 160 Mazkets or grocery stores having an interior building floor azea of less than fifteen thousand (15,000) squaze feet. .170 Private educational institutions. .180 Private lodges, clubs, fraternities and sororities. .190 "Residential or Group Care Facilities," as defined in Section 18.01.190 of this Code, for seven (7) or more residents, subject to the criteria and standards in Section 18.04.160 of this Code. :200 Sale of alcoholic beverages for on-premises consumption and/or off-premises consumption, except as otherwise expressly permitted in this Chapter. .210 Telecommunication facilities other than those listed in Section 18100.060.110 of this Chapter. ', .220 Uses or activities not listed, nor specifically prohibited, in this Chapter which are determined by the Planning Commission to be compatible with the purpose and objectives of the DMU Overlay Zone. 18.100.090 PROHIBITED USES AND STRUCTURES The following uses, buildings and structures shall be prohibited in the DMU Overlay Zone in a Planned Mixed Use Development: .010 Animal grooming; 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 ordrive-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.. I1 110 Sex-oriented businesses, as defined in subsection 18.89.020 F of this Code. 120 Tattoo pazlors. 130 Thrift stores. 18,100.100 DESIGN GUIDELINES Design Guidelines for Planned Mixed-Use Developments are necessary to preserve the community health, safety and general welfaze; promote 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 deviate from the Design Guidelines based on existing lot, site, or building configuration, compatibility of adjacent uses, and the inclusion ofpedestrian-oriented space or amenities along the street side. The Guidelines will be applied and evaluated on a case-by-case basis during the Design Review Process for the Final Plan Review. The Guidelines are intended as basic principles for achieving high-quality Planned Mixed Use Developments within the Downtown Area, and shall be adopted by Resolution of the Planning Commission and/or City Council. 18.100.110 REFUSE STORAGE AREAS Storage azeas for Planned Mixed Use Developments shall conform to the standards set forth in 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 screened from adjacent public or private rights-of--way, streets, alleys, or highways. 18.100.120 SCREENING OF EQUIPMENT 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, whether 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 PARHING REQUIREMENTS .010 Parking Demand Study. Due to variations in parking 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 12 Commission based upon information contained in a parking demand study prepazed by a California licensed, independent traffic engineer, as approved by the City Traffic and Transportation Manager. The pazking 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 pazking requirements in Chapter 18.06 of this Code shall be used as a guide in determining parking need. However, a minimum of one (I) 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 mazked by the use of posting, pavement markings, and/or physical separation. Parking design shall also consider the use of sepazate 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. 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. Notwithstanding the foregoing, roof signs incorporated into historically appropriate designs may be permitted. signage shall be approved on aproject-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 addition to any building or structure within the DMU Overlay Zone in accordance with the provisions of Section 18.04.080 of this Code. 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 all other portions of this ordinance independent of the elimination herefrom of any such portion as maybe declared invalid. 13 SECTION 3. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 4. PENALTY It shall be unlawful for any person, firm or corporation to violate any provision or to fail to comply with any of the requirements of this ordinance. Any person, firm or corporation violating any provision of this ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished 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 50094.5\SMANNUuIy 28, 2003 14 ATTACHIIENT - ITE11 N0. 4 RESOLUTION NO. 2003R- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING DESIGN GUIDELINES FOR THE- DOWNTOWN MIXED-USED OVERLAY ZONE. WHEREAS, by its Ordinance No. approved August 19, 2003, the Anaheim City Council has adopted the (DMU) Overlay Zone to allow mixed-use development projects within a defined area of the City; and WHEREAS, it is the intent of the DMU Overlay Zone, as stated in said ordinance, to accomplish the following major objectives: To encourage superior design 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. 2. 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. To encourage pedestrian activity and reduce dependence on the automobile for everyday needs. 4. To encourage compatibilitybetweenresidentialandcommercialuses,bothon-siteandwhere residential zones directly abut commercial zones, by permitting greater design flexibility. To ensure that the appearance and effects of buildings, improvements, and uses are harmonious with the chazacter of the area in which they are located. 6. 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. WHEREAS, in order to accomplish the objectives of the DMU Overlay Zone, the Anaheim City Council wishes to adopt Design Guidelines, as set forth in attached Exhibit "A," which is incorporated herein by this reference (the "Design Guidelines"). NO W, THEREFORE, BE IT RESOLVED that based on the foregoing facts, after due inspection, investigation and study made by itself and in its behalf and having considered all evidence, reports, and project refinements presented during the public hearing process, the Anaheim City Council does hereby adopt the Design Guidelines. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 19th day of August, 2003. MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 5057].1\SMANN\luly 28, 2003 1. Structures. EXHIBIT "A" DESIGN GUIDELINES A. Parking structures should be screened from view at street level and include architectural detailing, facade treatment, artwork, landscaping, or similar visual features to enhance the street facade. Screening of floors above street level is encouraged through the use of vines or architectural screening detail that is compatible with the project. B. The portions of any pazking structure facing the street, excluding vehicular access areas, should include street level retail/commercial uses in a portion ofsaid 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 not reasonably feasible to modify the existing structure. C. 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 sepazated wall surfaces, contrasting colors and materials, variations in building setbacks, and attractive window fenestrations. D. Street wall facades should be integrated with public plazas, urban pocket parks, outdoor dining, and other pedestrian-oriented amenities. E: Discouraged building materials include plain concrete block, plain concrete, corrugated metal, plywood, sheet pressboazd, and vinyl siding. F. Buildings at corners 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 corner entrances with additional architectural detail aze encouraged. G. 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,. H. Proj ecting features to create visual interest and distinction between units, such as balconies, porches, bays, and dormer windows, are encouraged. Trim detail on rooflines, porches, windows and doors on street-facing elevations is encouraged.. , I. 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. 2. Streets, Sidewalks, and Traffic. A. Traffic calming and special street design features such as enhanced paving, neckdown intersections, and separated sidewalks with street trees are encouraged, subject to the approval of the City Traffic and Transportation Manager. A-1 B. 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. C. 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. D. Outdoor seating and dining areas in conjunction withfull-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. E. On-site pedestrian circulation should be continuous and connect various uses on site, as well as connect to off site transit stops, and parking, 3. Residential Development. A. 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 aze directly accessible to pazking 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. B. Commercial uses in a residential development 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 vehiculazdeliveries, orlate night activity, C. 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 in any habitable room with windows closed. Proper design may include, but is not be limited to, building orientation, double-paned orextra-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.. D. 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. E. Outdoor lighting associated with commercial uses should not adversely impact surrounding residential uses, but should provide sufficient illumination for access and security purposes. F. 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. A-2 G. A Master Association should be established and maintained .and unsubordinated CC&R's adopted and recorded for property maintenance. All common. recreational/leisure azeas and other setback azeas should be developed and maintained in accordance with approved landscape plans. H. Residential windows should not directly face loading azeas and docks. To the extent windows of residential units face each other, the windows should be offset to maximize privacy. 4. Public, Civic and Common Areas. A. Public art displays, fountains, outdoor seating azeas, public plazas, or other similar amenities to create public gathering places are encouraged. B. Focal points, gateways, entries, monuments, historical landmarks, or other similar amenity features such as parks or community buildings, tot lots or stands of major trees are encouraged. C. 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 chazacter of the area in which they aze located. In addition, the provisions of Chapter 4.82 of this Code shall apply to newsracks within the DMU Overlay Zone. 5. Signs. A. Signs should complement the azchitecture of the building and also provide a unifying element along the streetscape. B. The size, scale, and style of signs should be determined by the scale of the buildings of which they aze a part. C. Along multi-story commercial streets, signs should be placed along the lintel or sign frieze between the ground floor storefront and the upper facades. D. Signs along a blockface should be located at approximately the same height to create a unifying, horizontal pattern. E. Signs should be distinctive and simple, avoiding cluttered designs and excessive advertising. F. Sign designshouldbeconsistentwiththehistoriccharacteroftheirbuildings. G. Desirable sign types include indirectly lit signs, raised letter signs, wall signs, awnings and canopies, and double-faced, projecting signs along pedestrian streets. H. 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. I. The use of signs and environmental graphics to assist way-ftnding is encouraged. Street banners, communityand district identification signs, directional signage, and pedestrian-oriented directories should contribute to a coordinated way-finding program. A-3 ITEM N0. 5 ~m~o I I a SOV-1H SS c~ U U N VAR 1865 ~ RCL 66-67-71 Gl t6 .......... ROL 62b3-03 CL S P Rc~ p 1034 RCL 70-71-22 N~ ~ N UP 2354 CC p 2358 SHOPPING r~ CENTER -"(q~ 5-7200 G N t 00 c RESS u ~- R Dv EP' v ° c~ .3A RCS 615HOp5 cpMM. 9 7200 GlbB-34 RDV E RO UP 1j1A VE ~Up SH~pS RS-7200 ®_ RS-7200 p1P,NPP COMM. 1 DU EA. 1 DU EA. $7200 Rua a 55 VIKING AVENUE RQU EP. V REgt. .5834 87200 aVP0.5HOPS Q RS-7200 - R -U EP, comm. ~ ~ 1 DU 1 O 155' W J ~ RDE PL CL $ ~ VE- RCL fi7-fib-34 `- Q ss-fio-eb 5G57-70 -r ~ ' ~ 0] NAPA PL RS 7200 T-CUP 2003-04731 W 1 DU ~~ CUP 2002-04555 CL COMMERCIAL R 59-fip.. 434 o J SHOPS 5 m 7200 .COMM. SHOPS J 'A ~ RpU EP. O RS-7200 U 1 Du mo a MORpVP PVE ~ N~ rvw r ~ ~ o ROV Ep- o ~ ~ ¢~ ~~ NURA PL N r] I Rg.7200 ~ ~ 1 DV EP. w R5-7200 ~, 1'Du w X200 ~ / DV P- tYROI. pLp,CE t p0 RS-A-03,000 NYON PL NROL PVE RRCL265-6G1045 T-CUP 2003-04716 RS-7200 RM-50~q 13 TCUP 2001-044277 1 DU _.. -1900 RCL7'.-, a CUP 035 VERMONT AVE Subject Property Conditional Use Permit No. 2002-04555 Date: August 11, 2003 Tracking Number: CUP2003-04731 Scale: 1" = 200' Requested By: CARLOS AND LINA PATTI Q.S. No. 104 REQUEST REINSTATEMENT OF THIS PERMIT BY THE MODIFICATION OR DELETION OF A CONDITION OF APPROVAL PERTAINING TO A TIME LIMITATION (APPROVED ON JULY 1, 2002 TO EXPIRE JULY 1, 2003) TO RETAIN RETAIL SALES OF BEER AND WINE FOR BOTH ON-PREMISES AND OFF-PREMISES CONSUMPTION IN CONJUNCTION WITH A PREVIOUSLY-APPROVED CONVENIENCE MARKET AND DELICATESSEN AND TO DELETE A CONDITION OF APPROVAL PROHIBITING WINDOW SIGNAGE. 847 South State College Boulevard - EI Gaucho Market e63 Staff Report to the Planning,Commission August 11, 2003 Item No. 5 5a. CEQA CATEGORICAL EXEMPTION -CLASS 1 (Motion) 5b. ;CONDITIONAL USE PERMIT NO.2002-04555 ! (Resolution) (TRACKING NO CUP2003-04731) SITE LOCATION AND DESCRIPTION: (1) This irregularly-shaped, 0.33-acre property has a frontage of 100 feet on the west side of State College Boulevard, a maximum depth of 155feet and islocated approximately 170 feet north of the centerline of Morava Avenue (847 South State College Boulevard- EI :'Gaucho Market). REQUEST: (2) The petitioner requests reinstatement of this permit by the modification or deletion of a 'condition of approval;pertaining o a time limitation (approved on July 1,.2002, to expire July 1, 2003) to retain retail sales of beer and wine for both on-premises and off-premises consumption in conjunction withiayreviously-approved convenience market and delicatessen and to modify conditions to allow window signage and the sale of single bottles and cans of beer under authority of;Code Sections 18.03.091 and' 18.03.093s BACKGROUND: (3) This property is developed with a 4,572 square foot convenience market and delicatessen :and is zoned CL (Commercial, Limited). The Generaf Plan Land Use Element Map designates'this property for General Commercial land uses and'further designates the surrounding properties as follows: Generale Commercial to the north and south and Low Density Residential to the west and east (across State College Boulevard): (4) .Conditional Use Permit No. 2002-04555 (to permit a convenience market and delicatessen 'with retail sales of beer and wine for both on-premises and off-premises consumption and with waiver of minimum number of parking. spaces`(23 spaces proposed and 44 spaces required]) was approved by the Planning Commission on July 1"; 2002. The applicant requests reinstatement of the portion of the permit pertaining td'the retail sales of tieer and wine and amendment to condition nos. 1 „5 and 22 of Resolution No. PC2002-103 which `read as follows: "1. That the portion' of this conditional use permit allowing the7etail sale of beer and wine for both on-premises and off-premises consumption (authorized by Code Sections 18.44:050.010 and 18.044:050.193)shall expire one (1) year from the date of this resolution on July 1, 2003.': '5. That beer shall not be sold.: for off-premises consumption in packages containing Tess than a six (8) pack; and that wine coolers shall not be sold for off-premises consumption in packages'containing ess than a four (4) pack. 22. That ho window,signs shall be permitted." ' DISCUSSION: (5) Mr. Carlos Patti, General Partner EI Gaucho Meat Market I and,Jl, has submitted a letter of :request to'retain the license to sell beer and wine forboth on-premises ahtl off-premises 'consumption and to modify conditions to permit the sale of 24 ounce and 40 ounce 'cans/bottles of beer and to permit window signs. sr1024cw.doc' ,Page 1 Staff Report to the Planning Commission August 11; 2003 Item No. 5 (5) In order to demonstrate that the findings required for the reinstatement of this use have beenisatisfied, he petitioner has submitted the attached "Justification for Reinstatement" which indicates3hat no aspect of the`operation has changed sincelhe last approval, that: the physical property hasremained the same, and that alI'conditions of approval pertaining to the permit have been complied with. d-.-,. ,.,,z-~-~w ";,,: - ~ f ~~ , ~~~ ~ .~ r Yr ~~ ~ ~ ~n~. ~ y m $ ` ~ ~~ ~~ ~. ~4 ~~ ~~ ~ ~ ~ ~ ~ r `~~h' 3 ~ 'r''S~R 4 +~ z.&F ,r Y~"*4 ~r v vl .fie: x's %~d 'kl ,: `S =~ ..x ^~ View of EI'Gaucho convenience market and delicatessen (7), The Code Enforcement Division has submitted`a memorandum dated July 1, 2003, regarding the current status of the property. The memorandum documents that the petitioner is complying with conditions of approval, with the exception of condition nos. 5 and 22 pertaining to off-premises sale of single bottles of beer and window signs, both of which the applicant wishes to modify: The memo further states that the property is in good condition and the market is extremely clean and well maintained. The Commission should note: that therehave been ho Code'Enforcement complaints received for thisproperty within the past two years. (8)' The petitioner requests modification bf condition no. (5): °That beer shall not be sold for off-premises consumption in packages containing less than a six (6) pack;„and that wine coolers shall not be sold for off-premises consumption in packages containing /ess'than a four (4) pack" The applicant requests modification of this condition to allow off-premises sale of beer in single quantities (24-ounce cans and 40-ounce bottles). Staff has confirmed with the Anaheim Police Department that the'intent of the existing'condition'is not to permit sales of an single bottles of beer: Staff contacted the Department of Alcoholic Beverage Control and'confirmetl that the existing ABClicense would allow sales of single bottles of beer in`24 and 40-ounce sizes only;however, the applicant is restricted from such sales6y the conditional use;pennit. Both the Anaheim Police Department and staff have concern with single bottle sales because the retail: sales of beer in the market is intended for take home consumption and single-sales increase potential for negative secondary effects such as`' putilic drunkenness andioitering. Page 2 Staff Report to the Plannirg Commissidn August 11' 2003 Item No: 5 (9) The petitioner requests deletion of condition no. (22)i `.'That no window signage shall 6e permitted." The applicant requests to delete this condition to allow window signs to promote business Nand advertise products sold oh the premises. Codepermits wntlow sighs not to exceed 20 .percent of the window area, unless furtheG~estricted'by conditional use permit. The intent of restricting window signs is to promote a more aesthetically pleasing storefront and to 'maintain visibility intp he market for police officers responding to calls for service: Staff recommends the Commission maintain the condition as originally approved. `' ENVIRONMENTAL IMPACTANALYSIS`. (10) The Planning Director's authorized representative has determined that the. proposed project falls within3he definition of Categorical Exemptions,Section 15301, Class 1 (Existing Facilities), as defined' in the CEQA Guidelines and is; therefore exempt from the requirement to prepare additional environmental documentation. GROWTH MANAGEMENT ELEMENT ANALYSIS: (11) The proposed project has beertreviewed by affected City departments to determine' whether it conformsVVith the Cit~/s Growth Management Element adopted by the City Council on March 17;:1992. Based on City staff review of the proposed project, it has been :determined that this project does not fit within the scope necessary to require a Growth ..Management Element analysis„therefore,'np analysis has been pertormed. FINDINGS: (12) Before thePlanning Commission grants any conditional use permit, it must make a finding of fact that`the evidence presented shows hat 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 usei (b) That the proposed use will not adversely affect the adjoining land uses and the growth and development: of the area in whichit is proposed to be located; {c) That the size and shapeof 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 o 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 thebonditional use permit under the conditions imposed; if any, wilt not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. (13) Subsection 18.03.093.040 of the Zoning Code requires that before the Commission grants "reinstatement of the approva(by extension of any time limitations for an additional period or Page 3 Staff Report td the Planning Commission August 11, 2003 Item No. 5 peridtls of time, or such time limitation is deleted or modified, the applicant must present evidence to establish the foliowing,findings; (a) The facts necessary to support each and every required showing for the' issuance of such entitlement as set forth in Chapter 18.03 exist; (b) Said permit is being exercised substantially in the same manner and irf conformance with all conditions and stipulations originally approved by the approval body; (c) Said permit is being exercised in a manner not detrimental to the particular area and surrounding land uses, nor td the public peace, health and safety and. general welfare and (d) ; With regard only to;any deletion of a time limitation, such deletion is necessary to permitreasonablebperation under the'permit asgranted. (14) Subsection 18.03.092 of the Anaheim Municipal Code provides for the modification or termination of a conditional use permit for onebr more of the following grounds: (a) That the approval was obtained by fraud; (b) :That the use for which such approval isgranted is not being exercised within the time specified in such permit; (c) i That the use for which such approval was granted has ceased to exist or has been suspended or inoperative for any reason for a period of six: (6) consecutive months or more; (d) That thepermit granted is being, or recently has been exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law'or regulation; (e) That the use for which the approval was: granted has been so exercisetl as tp be ` detrimental to the public health or safety, or so as to constitute a nuisance; (f) That theuse for which the approval was granted has not been exercised, and that based upon additional information or due to changed circumstances, the facts necessary to support one ormore of the requiredshowings for the issuance of such entitlement as set forth in thischapter no longer exist; and/or (g) That any such modification, including the imposition of any additional conditions thereto,: is reasonably necessary to protect the public peace,: health, safety or general welfare, ornecessary to permitreasonable operation under tfie conditional use permit as granted. Page 4 Staff Report to the Planning Commission 'August 11; 2003 Item No- 5 RECOMMENDATION: (15) Staff recommends that, unless additional or contraryjnformatidn is received during tht; .meeting, and based upon the evidence submitted to the Commission, including the ; .evidence presented ih this staffreport, and oral and written evidence presented at the public hearing, the Commissiontake the following actions: (a) By motion, determine that the project is Categorically Exempt under Section 15301, Class 1 (Existing Facilities) of the'CEQA Guidelines. (b) By resolution, aoorove, in part, modifications to Conditional Use Permit No-: 2002- 04555 (Tracking No. CUP2003-04731) to retain retail sales of beer and winelfior both on-premises and off-premises consumption and denv the request to modify conditions of approval to'allow window signage and the sale of single bottles'and cans of beer in 24 and'40-ounce quantitiesbased on the following`. (i) That with regard to reinstating the retail sales of beer and wine for both on-premises and off-premises consumption; this permit has been operated substantially in the same manner as originallyapproved by the Commission. Code Enforcement Division has inspected the premises and has determined that the facility is in compliance with all applicable conditions of approval. (ii) That the permit is beingiexercised'in amanner not detrimental to the particular area and surrounding land uses, as evidenced by the absence of Code Enforcementbivision complaints for his property. (iii) That there have been no changes to the applicable zone standards that would invalidate the firstlings that were the basis for the original approval of this permit (iv) That the request to permit windoW;signage would be detrimental because it would decrease the visibility into. the marketpotentially creating a dangerous situation for police officers responding to a'request for=police sen%ice to the business and would increase tfie clutter of signage along State College Boulevard. The City is currently investing substantial resources rn the beautificationof State College Boulevard. (v) That the request to permit the sale of individual cans/bottles of beer could encourage negative secondary effects such as public drunkenness and loitering.i (c) Staff further recommends that the Commission incorporate the conditions of approval contained in Resolution' No. 2002=103 into anew resolution with the following conditions of approval based on the finding that the modification is necessary,to permit the reasonable operation of this convenience market and delicatessen? 1. That thahours of operation shall be limited to the following: Monday through Saturday: 8:30 a.m. to 8 p:m. Suhtlay: 9 a.m. to 5:30 p:m. Page 5 Staff Report td the Planning Commission August 11, 2003 Item No. 5 2. That the sale of alcoholic beverages shall be`permitted only between the hours of 9 a.m. to 8 p.m., daily. 3. That the gross sale of alcoholic beverages shall not exceed the gross sales of all retail"items during any welve (12) month period. The applicant hall maintain records on a quarterly basis indicating the;separate amounts of sales ofalcoholic beverages and other items. These records shall be'made available for inspection by any City,,of Anaheim official when requested. 4. That sales of single bottles of beer shall be prohibited. Beer shall not be sold for'off-premises consumption in packages containing less than a six (6) pack;' and thafwine coolers shall not be sold for off-premises consumption in packages'containing less than a four (4) pack. 5. That no advertising ofalcoholic beverages shall be located, placed or attached to any location outside the building; and. that any"such advertising shalfinot be audible (inside or outsitle the building); and that any indoor advertising shall not be visible to anyone outside the building. 6. That no display of alcoholic beverages shall be located'outside the building or within five (5) feet of anypublic entrance tb the building:, 7. That no alcoholic beverage containers shall tie permitted outside the enclosed restaurant (delicatessen). area. 8. That there shall be no bar or lounge maintained on the properly unless licensed by the Alcoholic Beverage Control ("ABC") and approved by tfie City of Anaheim. 9. That the areas of alcoholic beverages display; shad not exceed twenty five percent (25%) of the kotal display areas in the convenience market. 10. That the sale of alcoholic beverages shall be made to customers only when the customer is inside the'building. 11. That full and complete meals shall' be served'whenever the on premises sale and consumption privileges of the ABC license are tieing exercised. 12. That no amplified musicshail be allowed on the premises at any time. 13. That no dancing shall be allowed on the premises at any time. 14. That there shall be no live entertainment of any type, including buf not limited. to live music, disc jockey, karaoke, topless`entertainment, male'or female performers, or fashioh shows. 15. That no person under twenty one (21) years of age shall be permitted to sell alcoholic beverages; 16. That no exterior vending; machines. (that is, vending machines located outside the building) shall be permitted. 17. That no video;: electronic or other amusement devices or games shall be permitted on the premises. 18. That no pool tables or coin-operated games shall be maintained upon the premises at any time. ' 19. That roof-mounted balloons or other inflated tlevices shall not be permitted. 20. That shopping carts shall be stored inside the building and there shall be no outdoor storage or stackingbf shopping.carts. Page 6 Staff Report to the Planning. Commission August 11, 2003 Item No'. 5 21: That no window signage shall be permitted. 22. That the parking lof serving the premises: shall be maintained with lighting of sufficient power to illuminate and make easily discernable tfie appearance and cbnduct of all persons on or about the `parking lot. Saidlighting shaltbe directed, positioned and shielded in such a manner so as not to unreasonably illuminate adjacent properties. ' 23.' That lighting in the parking area of the premises shall be directed, positioned and shielded in'such a manner as not to uhreasonably illuminate the window area of nearby residents. 24.'' That there shall be no public telephones maintained on the property which are located outside the buildingand within the control of the applicant. 25. That the property shall be maintained in conformance with Engineering Standard Plan Nos. 436 and 602 pertaining to packing standards and driveway;locations'as approvedby the Traffic and Transportation Manager. 26. That the property sftall be permanently maintained in an orderly fashiorithrough the provision'of regular landscaping maintenance, removal of trash'or debris,. and removal of "graffiti" within twenty four (24) hours from time of occurrence:' 27. That all fixtures, displays, merchandise and other materials shall be set back a minimum of three (3) feet from'all window areas. 28. That four(4) foot high street address numbers shall be maintained on the roof of the building'in a contrasting color to the roof material. The numbers shall not 6e visible tb the street or adjacent i properties, 29. That on-premises tables or seating areas for the consumption of food shall be limited to fifteen (15) seats. 30: That subject property shall be developed ubstantially in accordance with plans and specifications submitted to the. City of Anaheim by thepetitioner and which' plans are on file withthe Planning Department marked ExhibitNos. 1, 2, 3; 4 and 5,'ahd as conditioned herein. 31.' 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 anybther applicable City, State and Federal regulations: Approval does not include any action or findings as to compliance or approval of the request regarding anybther applicable ordinance, regulation or requirenient.i Page 7 ATTACHMENT - ITEM N0. 5 PETITIONER'S STATEMENT JUSTIFICATION FOR REINSTATEMENT ° Section 18.03.093 of the Anaheim Municipal Code requires that before any conditional use permit or variance containing a time limitation can be reinstated for an additional period of time, or before such time limitation may be deleted or modified by the Planning Commission or Zoning Administrator, the following must be shown: The facts necessary to support each and every required showing for the issuance of such entitlement as set forth in the following excerpts from the Anaheim Zoning Code still exist: 18.03.030 (Relative to Conditional Use Permits) Before the City Council or Planning Commission may grant any request for a conditional use permit, it must make a finding of fact, by resolution, that the evidence presented shows that all of the following exist: .031 That the proposed use is properly one far which a conditional use permit is authorized by this code, or is not listed herein as being a permitted use; :032 That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located; .033 That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare; .034 That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; .035 That the granting of the conditional use :permit under the conditions imposed, if any, will not be detrimental to the peace, health., safety and general welfare of the citizens of the City of Anaheim; 18.03:040 (Relative to Variances) Before any variance may be granted by the Planning Commission It shall be shown: .031 That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; .032 That, because of special circumstances shown in .031, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. 2. Said permit or variance is being exerdised substantially in the same manner and in conformance with all conditions and stipulations originally approved by the approval body; 3. Said permit or variance is being exercised in a manner not detrimental to the particular area and surrounding land uses, nor to the public peace, health, safety and general welfare; and 4. With regard only to any deletion of a time limitation, such deletion is necessary to permit reasonable operation under the permit or variance as granted. In order to determine if such findings exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer the following questions fully and as complete as possible. Attach additional sheets if additional space is needed. Has any physical aspect of the property for which this use permit or variance been granted changed significantly since the issuance of this use permit or variance? ^ YES j~NO Explain: (over) CASE ruo nln 7nn2 - n 4 5 5 5 2. Have the land uses in the immediate vicinity changed since the Issuance of this use permit or variance? ^ YES ENO Explain: - 3. Has any aspect of the nature of the operation changed since the issuance of this use permit or variance? ^ YES ~;jd0 Explain: 4. Are the conditions of approval pertaining to the use permit or variance being complied with? AYES ^ NO Explain: 5. tf you are requesting a deletion of the time limitation, is this deletion necessary for the continued operation of this use or vadance7 YES ^ NO t~ ~ ~,} Explain: 'Tt-E-~ ~l'1-t(xtl~~c-t` ~~~t~ lj~ 1~7-~~: C.~:l.%, 4' (~J~ SCI~~%t 1~ Ac- Ci'~~ ~-( C'~vt ~-yl L~.,t) ~: S f ~L` /kCC. C~fJ ~(TT~CtiS orb ~,1,2,~ P~ ~"~ ~f' -r-oc.t~c,tie ~ ~4- ~ I M t= ~-i i/i (~i +o r~) (S ti~ ( :~ to l~€~ ;,n ~e NcF~ed~ ~~'-~ S ~! ~~ Cl Name of Property Owner or Authorized Agent (Please Print) l ~~ ~~c~-~ ~ -(~ -~s Signal f-Prope~6wner'or Authprized Agent Date zoszzs~KOOC iz~e~ CASE 2 ATTACHMENT'-- ITEM NO MEMORANDUM CITY OF ANAHEIM Code Enforcement Division DATE: JULY 1, 2003 TO: CHARITY WAGNER, PLANNER ~(~ . FROM: ~ KEN MARSH, CODE ENFORCEMENT OFFICER SUBJECT: INSPECTION OF THE PROPERTY LOCATED AT 847 S. STATE COLLEGE BLVD. FOR REINSTATEMENT OF C.U.P. # CUP2002-04555 TRACKING CASE NUMBER CUP2003-04731 On Monday, June 30, 20D3, I conducted a compliance inspection of the property located at 847 S. State College Blvd. and observed that the property is in compliance with the Conditions of Approval for CUP2002-04555 and all Anaheim Municipal Codes. • Parking Waiver -There were still 23 parking spaces in the rear of the market plus three more spaces in the front including one handicapped space. • Parking Waiver -There were only li chairs in the delicatessen. • Condition #2 -The posted hours are Mon -Sat: 9:00 a.m. to 7:00 p.m. and Sun: 9:00 a.m. to 5:00 p.m. • Condition #5 -There were some single, 24 oz. and quart beers for sale. Mr. Patti stated that this condition only applies to the smaller six-pack cans and bottles, not to the larger sizes of beer. • Condition #7 -There were no alcoholic displays located outside of the market or within 5 ft. of the entrance. • Condition #10 -The display of alcoholic beverages was not in excess of 25% of the total display area. • Condition #16 -The cashier on duty was over 21 years of age. • Condition #17 -There were no vending machines located on the property. • Condition #13 -There were no video or electronic machines located on the property. • Condition #19 -There were no pool tables or coin-operated machines located on the property. • Condition #22 -There were several signs attached to the windows advertising soccer and other sporting events (under the 20% maximum, Anaheim Municipal Code requirement). There are also rivo "O'DouPs", Grand opening signs attached to the windows. • Condition #24 -There were several dusk-to-dawn lights attached to the building. These lights would not shine into the neighboring residences. The convenience market and delicatessen was extremely clean and well maintained. The parking lot was clean and free of refuse and waste. The landscaping was neat and clean and well maintained. There were two palm trees planted in the center of the grass area. Please feel free to contact me at extension #4595 if I can be of further assistance. m8A7 5 style c°Ileee bleJ--? ATTACHMENT - ITEM NO RESOLUTION NO. PC2002-103 -- . , A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04555 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THE SOUTHERLY 103 FEET OF THAT PORTION OF LOT 16 OF ANAHEIM EXTENSION, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,. STATE OF CALIFORNIA, AS PER MAP BY WM. HAMEL, ON FILE tN THE RECORDER'S OFFICE OF LOS ANGELES COUNTY, CALIFORNIA, A COPY OF WHICH IS RESERVED ON PAGE 163 IN BOOK 3, ENTITLED "LOS ANGELES COUNTY MAPS", IN THE OFFICE OF THE. COUNTY RECORDER OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTERLINE OF PLACENTIA AVENUE, DISTANT THEREON SOUTH 0° 05' 15".WEST 493.97 FEET FROM THE NORTHEAST CORNER OF SAID LOT 16, SAID CORNER BEING CONSIDERED TO BE THE INTERSECTION OF THE CENTERLINE OF SOUTH STREET AND PLACENTIA AVENUE; THENCE SOUTH 74° 36' 05" WEST 238.23 FEET PARALLEL WITH SAID CENTERLINE OF SOUTH STREET TO THE EAST LINE OF THE LAND DESCRIBED IN DEED TO C.L. BECKER, RECORDED SEPTEMBER 18, 1908 IN BOOK 161 PAGE 89 OF DEEDS, RECORDS OF SAID ORANGE COUNTY; THENCE SOUTH 15° 45' 25" EAST ALONG SAID EAST LINE OF SAID BECKER LAND TO THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO JENNIE B. MATOUK, RECORDED JUNE 3, 1943 IN BOOK 1196 PAGE 47, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, THENCE NORTH 74° 30' EAST 185.4 FEET ALONG THE SOUTHERLY LINE OF SAID MATOUK LAND TO SAID CENTERLINE OF PLACENTIA AVENUE; THENCE NORTH 0° 05' 15" EAST 208.23 FEET TO THE POINT OF BEGINNING WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 17, 2002 at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence far and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewithf and that the hearing was continued to the July 1, 2002 meeting; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1: That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Sections 18.44.050.010, 18.44.050.193 and 18.44.050.195 to wit: to permit a convenience market in conjunction with a delicatessen with the retail sale of beer and wine for both on- premises and off-premises consumption, and with waiver of the following: Sections 18.06.050.020.022.0225 - 18.06.050.020.023.0233 18.06.080 and 18.44.066.050 Minimum number of parking spaces. (44 spaces required; 23 spaces proposed., and concurred with by the City Traffic and Transportation Section) CR5409DM.doc -1- PC2002-103 2. That the parking waiver, under the conditions imposed, will not cause feweroff-street parking spaces to be provided for the approved use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of the use, based on the parking study prepared by Associated Traffic Consultants, dated April 25, 2002, which analyzed another existing and identical business owned by the applicant in another city; that City Traffic and Transportation staff have reviewed the study and concur with the proposed waiver based on a maximum of 15 seats being provided for customers dining at the delicatessen; that there is sufficient parking for the use based on evidence that the proposed sit-down dining in connection with the delicatessen will not be a typical restaurant; and that many customers eating in the delicatessen will also be customers of the retail meat market. 3. That the waiver, under the conditions imposed, will not Increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use. 4. That the waiver, under the conditions imposed, will not increase the demand and competition for parking spaces on adjacent private property in the immediate vicinity of the proposed use because, based on the submitted Parking Study, more than 21 % of the parking spaces are expected to be vacant during peak demand hours at the market. 5. That the waiver, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for such use. j 6. That the waiver, under the conditions imposed including how the parking will be laid out, will not impede vehicular ingress to, or egress from, adjacent properties upon the public streets in the immediate vicinity of the proposed use. 7. That the proposed use, under the conditions imposed, will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 8. That the size and shape of the site for the proposed use is adequate to allow full development of the proposal in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 9. 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 10. That granting this conditional use permit, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 11. That six people spoke at the public hearing in opposition to, or with concerns about, the proposal; and that no correspondence was received in opposition._ 12. That one letter was received in favor of the proposal including the recommended conditions of approval CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's authorized representative has determined that the proposed project falls within the definition of Categorical Exempticns, Class 1, as defined in the State of California Environmental Impact Report ("EIR") Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR: NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: -2- PC2002-103 1. That the portion of this conditional use permit allowing the retail sale of beer and wine for both on- premises and off-premises consumption (authorized by Code Sections 18.44:050.010 and 18.44.050.193) shall expire one (i) year from the date of this resolution on July 1, 2003,,.... 2. That the hours of operation shall be limited to the following: Monday through Saturday: 8:30 a.m. to 8 p.m. Sunday: 9 a.m. to 5:30 p.m. 3. That the sale of alcoholic beverages shall be permitted only between the hours of 9 a:m. to 8 p.m., daily. 4. That the gross sate of alcoholic beverages shall not exceed the gross sales of all retail items during any twelve (12) month period. The applicant shall maintain records on a quarterly basis indicating the separate amounts of sales of alcoholic beverages and other items. These records shall be made available for inspection by any City of Anaheim official when requested. 5. That beer shall not be sold for off-premises consumption in packages containing less than a six (6) pack; and that wine coolers shall not be sold for off-premises consumption in packages containing less than a four (4) pack.. ° 6. That no advertising of alcoholic beverages shall be located, placed or attached to any location outside the building; and that any such advertising shall not be audible (inside or outside the building); and that any indoor advertising shall not be visible to anyone outside the building. ` 7. That no display of alcoholic beverages shall be located outside the building or within five (5) feet of any public entrance to the building. 8. That no alcoholic beverage containers shall be permitted outside the enclosed restaurant (delicatessen) area: 9. That there shall be no bar or lounge maintained on the property unless licensed by the Alcoholic Beverage Control ("ABC") and approved by the City of Anaheim. ~ 10. That the areas of alcoholic beverages display shall not exceed twenty five percent (25%) of the total display areas in the convenience market 11. That the sale of alcoholic beverages shall be made to customers only when the customer is inside the building. 12. That full and complete meals must be served whenever the privileges of the ABC license are being exercised. 13. That no amplified music shall be allowed on the premises at any time, 14. That no dancing shall be allowed on the premises at any time. 15. That there shall be no live entertainment of any type, including but not limited to live music, disc jockey, karaoke, topless entertainment, male or female performers, or fashion shows. 16. That no person under twenty one (21) years of age shall be permitted to sell alcoholic beverages. \ 17. That no exterior vending machines (that is, vending machines located outside the building) shall be permitted. 18. That no video, electronic or other amusement devices or games shall be permitted on the premises. -3- PC2002-103 19. That no pool tables or coin-operated games shall be maintained upon the premises at anytime. 20. That roof-mounted balloons or other inFlated devices shall not be permitted. 21. That shopping carts shall be stored inside the building and there shall be no outdoor storage or stacking of shopping carts. ~ 22. That no window signage shall be permitted. 23. That the parking loi serving the premises shall be maintained with lighting of sufficient power to illuminate and make easily discernable the appearance and conduct of all persons on or about the parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate adjacent properties. A plan showing the said outdoor lighting shall be submitted to the Community Services Division of the Police Department for review and approval. 24. That lighting in the parking area of the premises shall be directed, positioned and shielded in such a manner as not to unreasonably illuminate the window area of nearby residents. Said information shall be specifically shown on the plans submitted for building permits. 25. That there shall be no public telephones maintained on the property which .are located outside the building and within the control of the applicant. 26. (a) That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with the most current versions of Engineering Standard Plan Nos. 436 and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. (b) That, if determined to be feasible by the Traffic and Transportation Section of the Public Works Department, the property owner shall submit plans redesigning the driveway to the subject property to a width of twenty five (25) feet. Said plans shall show and consider all applicable property lines and easements. Said driveway improvements shall then be constructed in accordance with the approved plans. 27. That. if required to provide electrical service to the property, the property owner/developer shall provide the City of Anaheim with a public utilities easement to be determined as electrical design is completed. 28. That final landscaping plan(s) shall be submitted to the Zoning Division for review and approval. Said plan(s) shall specify the plant types, size, quantity and location. All trees shall be minimum twenty four inch (24") box sized. 29. That the property shall be permanently maintained in an orderly fashipn through the provision of regular landscaping maintenance, removal of trash or debris, and removal of "graffiti" within twenty four (24) hours from time of occurrence. ~ 30. That all fixtures, displays, merchandise and other materials shall be set back a minimum of three (3) feet from all window areas. Said information shall be specifically shown on plans submitted for building permits. 31. That four (4) foot high street address.numbers shall be displayed on the roof of the building in a contrasting color to the roof material. The numbers shall not be visible to the street or adjacent properties. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division, approval. ~~32. That on-premises tables or seating areas for the consumption of food shall be limited to fifteen (15) seats. -4- PC2002-103 ~ 33. 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, 3, 4 and 5, and as conditioned herein. 34. That prior to issuance of a building permit or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 23, 24, 26(a), 26(b), 27, 28, 30, 31 and 37; herein-mentioned, shall be complied with. 35. Prior to final building and zoning inspections, Condition Nos. 25, 26(b), 33 and 37, herein-mentioned, shall be complied with. 36. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 37. That sign plan(s) to notify patrons of the rear parking area shall be submitted to the Zoning Division for review and approval. Following approval, said sign(s) shall be installed. 38. That, if determined to be feasible by the Traffic and Transportation Manager, the property owner shall submit plans to the Traffic and Transportation Manager redesigning the driveway to the subject property to a width of twenty five (25) feet. Said plans shall show and consider all applicable property lines and easements. Said driveway improvements shall then be constructed in accordance with the approved plans. BE tT FURTHER RESOLVED that unless conditions to the contrary are expressly imposed upon the granting of the parking waiver by the Planning Commission or City Council, the granting of such waiver shall be deemed contingent upon operation of the approved 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 the parking waiver. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions as contained in the parking demand study shall be deemed a violation of the express conditions imposed upon said waiver which shall subject said waiver to termination or modification pursuant to the provisions of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code. AND BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained., shall be deemed null and void. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of July 1, 2002. (Original signed by Paul Bostwick) CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: (Original signed by Eleanor Fernandes) SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) -5- PC2002-103 I, Eleanor Fernandes, Secretary of the Anaheim Ciry Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on July 1, 2002, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BRISTOL, EASTMAN, KOOS, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOYDSTUN, VACANCY IN WITNESS WHEREOF, I have hereunto set my hand this day of 2002. (Original signed by Eleanor Fernandes) SECRETARY, ANAHEIM CITY PLANNING COMMISSION -6- PC2002-103 ATTACHMEIJT - ITEM N0. Zg456~8 ~ ~ ,~ 9 ~ o~: ~'~UG 2003 ,G, RECE74•~^p ~_ ~ \ Meat Market r PEANNIN6 = ~, DEPgR7hIEN7 ~:~ Mercado Latino & Carniceria Y`' _ @ /,, ~ _ `./. ,~' _r Wednesday, August o6, 2003 To City Of Anaheim: Planning and Zoning Department To whom it may concern, My name is Carlos Patti and I am a General Partner for El Gaucho Properties and El Gaucho Meat Market I and II. With regards to the Conditional use Permit # 2002- 04555 We are requesting that three changes be made to the original permit. 1. Deletion of time limitation since all the conditions on the initial permit were met and followed according to the agreement. 2. Allow window signage in accordance with code. 3. Allow selling singles of beer (24 oz, 40 oz and liter) since some of the imported beers that we carry only come in these sizes. Sincerely ~ ( Carlos Patti ~~ L General Partner 2715 Manhattan Beach Blvd. • Redondo Beach, CA 90278 Ph. (310) 297-2617 // t1 N0. 6 J ~ \ 66931131 om~~ F G pl Sfi&5g 37361 SF\yp,1 R RCL 6~ 49g6 Oa ~ ~ ~~ 2~-p r y 1 RR6 Up 2063 0 \ 6UDP1 > SP 6931 l61 ~ o,~~Z2 Rat J~Z5241 ~' pP1 6 ~ ml R6 OPfi .36 9 Q ~~n y1~ p VP~oPD OUSjR\~yp\f+M nGNq 'A~o R\ SE\N\GE SMP~~\N \ 0 5019 pNp N ~ SP bg.31 l31 m °~ ~ q 1 RGl6 fi&fi9~36 'm SP 9987 l10 ~ RC`66-67_24 ac UP1 NE SP ~g 371st RC868_6g_30F \ SP 9 E\M GRE~PUP R<~01.60_69.36 O SPOSP` SP ~g_37131 24 RG\-68 &69.36 1 RC\-66-67 R SUP 90 F\RMS SP F\pM t4 SMP~U\N 6P 8,522 \Np. No P\KM `SP 947 RCL 6B 6937 Q) ~. CUP 2001 04347 -' ~` RCL 66 69-36 ' ' T CUP 2003-04732 G_ ~~~~ ~ ~ cuP isii ~ .~{ ~` ~ r1J~ N G'G`'''s, sMKaMS~~'~ ,~~o~P~~ o 'y -(Q' SP 94'1 ~'T~ .~~Cr~ '_~ SP 9458151 RC 69 70 676((6) 'pCC .~`~\ SP 94.158 l31 tiC1_ `6y ~ 0-57 RRCL 6667244) ~T G\-5970.57 RC CUP 3369 ~RCU 691421 M`-' \ CUP p p\R \/~ CUP 3200 C`6g 10-67 SMPU`1N CUP 2617 R 427 CUP 2398 ~p\SPpRP O ~' CUP 1743 1PU~K SS ANAHE M D SPOSAL ~ P PLMP Pv~~VE 94.1 pY SP X05814 UWVEEZS ~C C`69-700571 \, 69' 70.57 CUP 260pp441 RROy PR 43p1 VPFiVP\y 4236 Conditional Use Permit No. 2001-04347 TRACKING NUMBER CUP2003-04732 Subject Property Date: August 11, 2003 Scale: 1" = 200' Requested By: WHITE STAR BUSINESS PARK Q.S. No. 132 REQUEST REINSTATEMENT OF THIS PERMIT BY THE MODIFICATION OR DELETION OF A CONDITION OF APPROVAL PERTAINING TO A TIME LIMITATION (APPROVED ON JUNE 19, 2001 TO EXPIRE JUNE 19, 2003) TO RETAIN A COOPERATIVE ARTS MUSEUM, GALLERY AND MEETING HALL. 2821 East White Star Avenue - Unit D fisa Staff Report to the Planning Commissidh `.August 11 2003 item No: 6' 6a. CEQA NEGATIVEDECLARATION (PREVIOUSLY'APPROVEDI (Motion) 6b. ' CONDITIONAL USE PERMIT N0. 2001'-04347 .(Resolution) ;: (TRACKING NO: CUP2003-04732) SITE LOCATION AND DESCRIPTION: i (1) This irregularly-shaped, 2.1-acre property is located at the northeast corner of Blue Gum Street and White Star!Avenue; having frontages of 296 feet on the east side of Blue'Gum :'Street and 370 feet on the north(side of White StarAvenue (2861 East White Star Avenue - Unit D). REQUEST: (2) The petitioner requests reinstatement of this permit by the modification or deletion of a condition of approval' pertaining o a time limitation: (approved on June 19;:2001, to expire `June 19;2003) to retain a cooperative arts museum; gallery and meeting hall under= 'authority of Code Section 18.03.093, BACKGROUND: (3) This property is developed with a 3-building, 23-unit industrial complex. The property is zoned SP94-1 (DA1) (Northeast Area Specific Plan, Development Area 1 -Industrial Area) 'Nand is also located in the Alpha Northeast Redevelopment Project Area. The General Plan Land Use! Element Map designates this, and surrounding properties, for General Industrial land uses. (4) Conditional Use Permit No. 2001-04347 (to permit a cooperative arts museum, gallery and ;meeting hall with waiver of minimum numtier of parking spaces 68 spaces proposed; 74 paces required]) was approvetl by the City Council on June 19, 2001, following denial by !the Planning Commission on May 7, 2001 i Condition: No. 3 of City Council. Resolution No. i 2001-166'contains the following bonditioh of approval: "3. That this permit shall expire,two (2) years from the date of this resolution on June 19, 2003 and any and all uses: authorized hereunder shall be terminated: on or before said date:' DISCUSSION: (5) Mr. Stephen Wong, partner of White Star Business Park, has submitted a letter of request 'to retain fie cooperative arts museum, gallery and meeting hall for a period of two (2) !years. The'business operator'Richard Johnson, has'indicated that he would like to Have the time limit deletetl however,' he property owneehas indicated he would favor atwo-year extensiore and not a tleletion of the time restriction. (6) In order to demonstrate that the findings required for the reinstatement of this use have beerr satisfied, the petitioner.has submitted the attached "Justification foe Reinstatement' :which indicates that`no aspect of the operation has changed since the last approvals that the physical property has remained the same, and that all conditions of approval pertaining to the permit havebeen complied with. sr1123cw.dod Page 1 Staff Report to the Planning Commission August 11, 2003 Item No. 6 (7); The Code Enforcement Division has submittedia memorandum dated July 2,:2003, regarding the current status of the property. The memorandum documents that the petitioner is complying with conditions of approval and that the property is well'maintained. The Commission shouldnote that there havebeen no Cotle Enforcement complaints received for this facility within the past two years. (8) Staff has inspected the property and found it to' be well maintained and that the use does not appear to tie operating in a manner detrimental to the`surroundhg neighborhood. Staff is supportive of he use,isince It has'hot visibly; caused a disturbance to the surrounding properties and has operated in compliance with all conditions of approval; however, staff is concerned witfi the long-term continuation of this use within an industrial community. Adjacent uses include cabinetry and machinery shops, water treatment, metal'fabricatioh, CVT and Anaheim Disposal recycling facilitiesi Staff recommends'approval of this request to retain the cooperative arts museum, gallery and meeting hall fora period bf two {2) years to expire June'19, 2005 {retroactive date to coincide with original City Council:approval).; (9)' Thisproperty is located in the Alpha<Northeasf Redevelopment Project Area. The Commission should note that the Communitypevelopment Department, Redevelopment Agency, concurs with staffs recommendation to reinstate this permit for a period of two (2) yews. ENVIRONMENTAL IMPACT ANALYSIS: (10) Staff has reviewed the proposal to reinstate a cooperative arts museum, gallery and meeting hall, and finds no significaht adverse environmental impacts resulting from reinstating the existing arts facility. Therefore, tall recommends that the previously- approved Negative Declaration in connection with Conditional Use Permit No. 2001-p4347 (as approved by the City Council on June 19,2001) serve' as the required environmentafi documentation'forthls request upon: a findingby the Commission that the Negative Declaration reflects the independent judgment'of the lead' agency and that it has considered the'Negative Declaration together with any comments received during the public review process and. further finding on the basis of the Initial Study (a copy of which is available for review in the Planning Department) and any'comments received'that there: is no substantial evidence fiat the project will have a significant effect on the environmentJ` GROWTH MANAGEMENT ELEMENT ANALYSIS: (11) The proposed project hasbeen reviewed by affected City departments to determine whether it conforms withthe Citys'Growth ManagementElement adopted bythe City Council on March 17, 1992. Basedon City staff review of the proposed project, it has been determined that this project does not fit within he scope necessary o require`a Growth ManagementElement analysis, therefore, no analysis has been performed. FINDINGS: : (12) Before the Planning Commission grants any conditional use permit,;it must make a finding of fact that the evidence presented'shows thatall 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 thatsaid use is'not listed therein as being a permitted use; (b) That the proposedUse will not adversely affect the adjoining land uses. and the growth'and development of the area in which it is proposed to be located; Page' 2 Staff Report to the Planning Commission August 11;'2003 Item No, 6` (c) That the size and shape of the site for the proposed use is adequate to allow.the full developmentof the proposed use: iri a manneb 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 andiimproved 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'detrimentaf tb'the peace;: health, safety and general welfare of the, citizens of the: City of Anaheim. (13) Subsection 18.03.093.040 of the Zoning Code requires that before the Commission grants reinstatement of the approva[ by extension' of any time limitations for an additionaLperiod or 'periods of ime, or such time limitation is deleted or modified, the applicant must present evidence to establish the following findings: (a) The facts necessary to support each and every requiredshowing for the issuance of such entitlement asset forth in Chapter 18.03 exist; (b) Said permit is being exercised substantially in!the same`manner and in conformance. with. all conditions and stipulations originally approved by the approval body; {c) Said permit isbeing exercised in amanner not detrimental to the particular area and surcounding land uses; nor to the public peace, health and safetyand general welfare; and (d) With regard only to any deletion of a time limitation, such deletion is necessary to permit reasonable operation under the permit as grantetl. RECOMMENDATION: (14) Staff recommends that, unless additional or contrary information is received during the "meeting, and based upon the evidence submitted to he Commission, including the evidencepresented in this staff report, and oral and written evidence presented at the `public hearing, the Commission take the following actions: (a) By,rnotion, determine that the previously-approved CEQA Negative Declaration is adequate tb erve as the appropriate environmental documentation for this request. (b) By,resolution aoorove reinstatement of Conditional Use Permit No. 2001-04347 '(Tracking No: CUP2003-04732)to retain a cboperative'arts museum, gallery and meeting hall, for a period of two (2) years to expire June 19, 2005based on the following: (i) That this permit has operated substantially ih the same manner as at-iginallyapproved by,the Commission. The Code EnforcemenfDivision has inspected the premises and' etas determined that the facility is in cbmpliance with all applicable conditions of approval ..Page 3 Staff Report to the Planning Commission ' August 11, 2003 Item No. 6 (ii) That the permit is being exercised in a'manner not detrimental to the: particular area and surrounding land uses, as evidenced by the absence of Code Enforcement Division complaints far this property;' (iii) That there have been no changes to the applicable zone standards that would invalidate the findingsthak were he basis'for the original approval of this permit. (c) Staff further' recommends that the Commission incorporate the conditions of approval :contained in Resolution No. 2001-166 into a new resolution with the following conditions of approval based on he finding hat the modificationris necessary to permit the reasonable'operationbf this cooperative arts museum, gallery and meeting hall: 1. That this permit shall expire in two (2) years on June 19, 2005. 2, Tftat the facility shall be used and operated in compliance with "A3" Uniform Building Code occupancy requirements. 3. That trash storage areas shall be maintained'in compliance with approved plans on file with the Public Works Department. 4. That no outdoor events (including car shows,: concerts;,barbeques, live art performances, etc.) shall be permitted. Ali business shall be conducted wholly within the existing building. 5. That the maximum occupancy of this facility shall be limited to fifty (50) persons. 6. That no Special Event Permits foroutdoor events or temporary advertising ' shall be permitted at this location. 7. That signs shall be limited to the one (1) existing wall sign identifying the name of the facility and suite'~umber ih conformance with Code requirements. 8. That the petitioner shall obtain an Entertainment Permitfor any live art :performances. 9. That the hours of operation shall be limited to 6 p,m. to 1 a.m., daily. 10. That the sale, dispensing and/or consumption of alcohol beverages shall not be permitted on the premises; excepf for not to'exceed five (5) special events per calendar year and provided that any necessary permits end/or licenses are obtained from the Department of`Alcoholic Beverage Control for such events. 11. That no foodthat is cooked, heated, reheated, assembled or altered on-site' shall be permitted without approval of a Conditional Use Permit for a restaurant 12. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of rash and'debris, andi removal of graffiti withintwenty-four (24) hours from the time of occurrence.': 13. That a licensed uniformed security guard, approved by the Anaheim Police Department, shall be provided on the premises specifically to provide security Page 4 Staff Report to the Planning,Commission August 11; 2003 Item No: 6 and to discourage vandalism, respass, and/or loitering uponor adjacent to the subject properly. Said security guard shall be provided at events and remain on duty as`determinedto be appropriate by the Anaheim Policebepartment. 14 That no?equired parking areas shall be fenced or otherwise enclosed for outdodCStorage. 'r 15 That subject property shall be development substahtially in accordance`with plans and specification submitted to the City of Anaheim by the petitioner and which plans are on`file with the Planning Department marked Exhibit Nos. 1 and 2, and as contlitioned herein. 16: That the approval of this application constitutes approval of the proposed requesfonly the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations, approval does not include any action or findings as to compliance or approval of the request'~egarding any otherapplicable ordinance, regulationbr requirements. Page 5 ATTACHMENT - ITEM rdo. 6 MEMORANDUM CITY OF ANAHEIM Code Enforcement Division DATE: AUGUST 1, 2003 TO: CHARITY WAGNER, ASSISTANT PLANNER ~M ~ FROM: MATTHEW D. LETERIELLO, CODE ENFORCEMENT OFFICER r,~ SUBJECT: 2821 E. WHITE STAR AVE. #D CUP2001-166 REINSTATEMENT INSPECTION On July 31, 2003, at approximately 1930-2000 hours, Code Enforcement Officer Penunuri and I conducted an inspection of the above location at your request to ascertain if the operation was in compliance with the Conditional Use Pemut. We observed the following: ® The business was open during the pernutted hours of operation ® There were no customers or patrons present during the inspection ® There were numerous paintings and drawings on the walls, and other "works of art" displayed ® There was atwo-tiered, wooden stage in the southeast corner of the building which is used for bands and performers (per Mr. Johnson a poetry reading was to occur later in this evening) ® Mr. Johnson said that some bands come in and play that aze unscheduled. Some bands can pay a nominal museum membership fee and they aze allowed to come in and play ® There were two "volunteers" to assist Mr. Johnson in the business operation ® There was a glass display case with candy and sodas for purchase The business appears to be operating within the requirement of the Conditional Use Permit, with the exception of the security guazd requirement. Mr. Johnson told me he does not need have security guazds unless there is a problem, or one may be anticipated. He said he and the volunteers handle any security issue. If you have any questions, or would like any additional information or inspections of the location, please telephone me at extension 4446. MDL 2821 a white star ave mem 2.doc ATTACHMENT - ITEM N0, 6 lv ~~ ~ PETITIONER'S STATEMENT JUSTIFICATION FOR REINSTR,TEMENT Section 18.03.093 of the Anaheim Municipal Code requires that before any conditional use permit or variance containing a time limitation can be reinstated for an additional period of time, or before such time limitation may be deleted or modified by the Planning Commission or Zoning Administrator, the following must be shown: The facts necessary to support each and every required showing for the issuance of such entitlement as set forth in the following excerpts from the Anaheim Zoning Code still exist: 18.03.030 (Relative to Conditional Use Permits) Before the City Council or Planning Commission may grant any request for a conditional use permit, it must make a finding bf fact; by resolution, that the evidence presented shows that all of the following exist: .031 That the proposed use is properly one for which a conditional use permit is authorized by this code, or is not listed herein as being a permitted use; .032 That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located; .033 That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare; .034 That the traffic generated by the proposed use will no[ impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; .035 That the granting of the conditional use permit under the conditions imposed, if any; will not be detrimental to the peace., health, safety and general welfare of the citizens of the City of Anaheim; 18.03.040 (Relative to Variances) Before any variance may be granted by the Planning Commission It shall be shown: .031 Tha[ there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; .032 That, because of special circumstances shown in :031, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. 2. Said permit or variance is being exercised substantially in the same manner and in conformance with all conditions and stipulations originally approved by the approval body; 3. Said permit or variance is being exercised in a manner not detrimental to the particular area and surrounding land uses, nor to the public peace, health, safety and general welfare; and 4. With regard only to any deletion of a time limitation, such deletion is necessary to permit reasonable operation under the permit or variance as granted. In order to determine if such findings exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer the following questions fully and as complete as possible. Attach additional sheets if additional soace is needed. 1. Has any physical aspect of the property for which this use permit or variance been granted changed significantly since the issuance of this use permit or variance? ^ YES ~ NO Explain: Te, I[l~USffla` Uf1i'}5 hare. tvaf ~oeep ~~ierecl ~s,n.~ _ }~ is5vaV'tCR ~-t ~ Pr2v~o~~ ~ol1dltion~\ vim.- pzfltilit. (over) CASE NO. nnn sin nnnl n i -~ 1. ~ a 2. Have the land uses in the immediate vicinity changed since the issuance of this use permit or variance? ^ YES 1~N0 ._ Explain: 7h'P' 2'O"`~ g hds YR1Yt air~~ ind~3iria } in t~. tm Yn9-~1at~ ~yl cini t y 3. Has any aspect of the nature of the operation changed since the issuance of this use permit or variance? ^ YES I~N~O t, Explain: "'~ ~J'tnPSJ has remai>+ea an ar t~s~,~ f Ceope ra t~ ~e ~ rneetiny hail Since i~5 ~ncep-4ion 4. Are the conditions of approval pertaining to the use permit or variance heing complied with? YES ^ NO Explain: ~~~ Condi+iort3 ~Oertainin 5 io all pzr~i~5 1,a~~ btzr `'y~~~i cv(a v5I y ~gtNlpil eel, Ull+~ 5. If you are requMesting aletion of the time limitation, is this deletion necessary for the continued operation of this use or variance? u>YES~ NO Explain: -fhP ~anrl urn ~1 Rdt~f2 °~ -~-}~ b~1t1eSJ 0(OeYati~lj gill o Uer ti(v~a, - a limitation ~J R~ A2raccal~~ _ Name of Property Owner or Authorized Agent(Please Print) ~~~ 6 (b o3 Signature of Prope Owner or Authorized Ag tea Dale Z06225JK:000 12197 CASE NO. 2 ATTACHMENT - ITEM N0. 6 RESOLUTION N0. 2001- 166 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2001- 04397. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit with a waiver of certain provisions of the Anaheim Municipal Code to permit a cooperative arts museum, gallery and meeting ball upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL 1 OF PARCEL MAP NO. 549, AS SHOWN ON A MAP FILED N BOOK 84, PAGE 2, OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.; .and WHEREAS, the City Planning Commission did hold a public hearing upon said application at the City Hall in the City of Anaheim, notices of which public hearing were duly given as required by law and the provisions of Title 16, Chapter 18.03 of the Anaheim Municipal Code; and WHEREAS, said'Commisson, after due inspection, investigation and studies made by itself and in its behalf and after due consideration of all evidence and reports offered at said hearing, did adopt its Resolution No. PC2001-69 denying Conditional Use Permit No. 2001-04347; and WHEREAS, thereafter, within the time prescribed by law, an interested party or the Gity Council, on its own motion, caused the review of said Planning Commission action at a duly noticed public hearing; and WHEREAS, at the time and place fixed for said public hearing, the City Council did duly hold and conduct such hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports; and WHEREAS, the City Council finds, after careful consideration of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing, that: 1. The proposed use is properly one for which a conditional use permit is authorized by the Anaheim Municipal Code. 2. The proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 3. The size and shape of the site proposed for the use-.is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 9. 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. 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. AND WHEREAS, the City Council does further find, after careful consideration of the action of the City Planning Commission and all evidence and reports offered at said public hearing before the City Council regarding said requested waiver(s), that all of the conditions set forth in Section 18.06.080 of the Anaheim Municipal Code are present and that said waiver(s) should be granted, for the following reasons: 1. That the variance, under the conditions imposed, if any, will not cause fewer off-street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use; .and 2. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces. upon the public streets in the immediate vicinity of the proposed use; and 3. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking. spaces upon adjacent private property in the immediate vicinity of the proposed use (which property is not expressly provided as parking for such use under an agreement in compliance with Section 18.06.010.020 of the Anaheim Municipal Code); and 9. That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking areas or lots provided for such use; and 5. That the variance, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, the action of the City Planning Commission denying said conditional use permit be, and the same is hereby, reversed and that Conditional -2- Use Permit No. 2001-04397 be, and the same is hereby, granted _,_ permitting a cooperative arts museum, gallery and meeting hall on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: Sections 18.06.050.023.0233 - Minimum number of garkina 18.06.050.026.0261 soaces.(79 required; 18.06.050.030.031 68 proposed and concurred and 18.110.050.110 with by the City Traffic Section) subject to the following conditions: 1. That trash storage areas shall be refurbished to comply with approved plans on file with the Public Works Department. 2. That plans shall be submitted to the Building Division showing that the facility complies with all "A3" occupancy requirements. If the building does not comply with "A3" occupancy requirements, the petitioner shall submit plans for tenant improvements to meet these standards prior to operation. 3. That this permit shall expire two (2) years from the date of this resolution on June 19, 2003 and any and all uses authorized hereunder shall be terminated on or before said date. 4. That no outdoor events (including car shows, concerts, barbecues, live art performances, etc.) shall be permitted. All business shall be conducted wholly within the existing building. 5. That the maximum occupancy of this facility shall be limited to fifty (50) persons. 6. That no Special Event Permits for outdoor events or temporary advertising shall be permitted at this location. 7. That signs shall be limited to the one (1)_existing wall sign identifying the name of the facility and suite number in conformance with Code requirements. 8. That the petitioner shall obtain an Entertainment Permit for any live art performances. 9. That the hours of operation shall be limited to 6:00 p.m. to 1:00 a.m. Sunday through Thursday, .and 6:00 p.m. through 1:00 a.m. Friday and Saturday.. 10. That the sale, dispensing and/or consumption of alcoholic beverages shall not be permitted on the premises; except for not to exceed five (5) special events per calendar year and provided that any necessary permits and/or licenses are obtained from the Alcoholic Beverage Control for such events. -3- 11. That no food which is cooked, heated, reheated, assembled._or altered on-site shall be permitted without approval of a Conditional Use Permit for a restaurant. 12. That the property shall be permanently maintained.in'an orderly fashion by providing regular landscape maintenance, removal of trash and .debris, and removal of graffiti within twenty-four (24 hours from time of occurrence. 13. That a licensed uniformed security guard, approved by the Anaheim Police Department, shall be provided on the premises specifically to provide security, and to discourage vandalism, trespass, and/or loitering upon or adjacent to the subject property. Said security guards shall be provided at events and remain on-duty as determined to be appropriate by the Anaheim Police Department. 14. That the property owner shall submit a letter requesting the termination of Conditional Use Permit No. 1992 (to permit an exterminating service) to the Zoning Division.. 15. That no required parking areas shall be fenced or otherwise enclosed for outdoor storage use. 16. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein. 17. That within 60 days from the date of this resolution, Condition Nos. 2, 8, and 16, above-mentioned, shall be complied with. 18. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other_applicabbe City, State and Federal regulations. Approval does not include 'any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the:- conditions hereinabove set forth. Should any such conditions, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. -4- ATTEST: ao~zi.i -5- STATE OF CALIFORNIA ) COUIJTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2001R-166 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 19th day of June, 2001, by the following vote of the members thereof: AYES: MAYORlCOUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYORlCOUNCIL MEMBERS: • None ABSENT: MAYOR/COUNCIL MEMBERS: None /~ i •f~ C Y CLERK OF THE CITY OF ANAHEIM (SEAL) ATTACHMENT - ITEM N0. 6 RESOLUTION NO. PC2001-64 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04347 BE DENIED WHEREAS., the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 1 OF PARCEL MAP NO. 549, AS SHOWN ON A MAP FILED IN BOOK 84, PAGE 2; OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 7, 2001 at 1:30 p.m„ notice of said putilic hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18:03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find .and determine the following facts: 1: That the proposed use i5 properly one for which a conditionaluse permit is authorized by Anaheim Municipal Code Section 18.110.050.050.0530 to permiTa cooperative art5museum, gallery and meeting halt with waiver of the following: Sections 18.06.050.023.0233 - Minimum number of parking spaces. 18.06.050.026.0261 ' ' (74 required; 18.06.050.030.031 68 proposed and concurred with by the City Traffic Section) and 16.110.050.110 2. That the waiver, minimum number of parking spaces, is hereby denied on the basis that the waivercannot exist without approval of the proposed uses. 3. That this property. is located. in Development Area 1 (Industrial Area) of the Northeast Area Specific Plan No. SP 94-1, which does not identify the proposed combination of activities (i.e., museum, cooperative art gallery, exhibition hall, etc., as described in paragraph (11) of the Staff Report to the Planning Commission dated May 7, 2001) as permitted primary, accessory or conditionally permitted uses; and, further, that the underlying zoning is intended for industrial and industrially-related land uses. 4. That the proposed use is not consistent with the Northeast Area Redevelopment Plan. 5. That the proposed use has operated in the City of Newport Beach and according to information provided to the City of Anaheim, the use operated in a fashion detrimental to surrounding land uses in that city, including complaints about noise, amplified music and disturbing the peace (described in paragraphs (22) and (23) of the Staff Report to the Planning Commission dated May 7, 2001); and that the proposal, therefore, has an increased potential to be detrimental to the surrounding industrial area and to the peace, health, safety and general welfare of the citizens of Anaheim. 6. That approval of the proposed use would adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. CR5088PK.DOC -1- PC2001-64 7. That the size and shape of fhe site proposed for the use is not adequate to allow full development of the proposal in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare of the Citizens of the City of Anaheim. 8. That granting of this conditional use permit would be detrimental to the peace, health, safety and general welfare of the Citizens of the City of Anaheim. 9. That the traffic generated by the proposed use would impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 10. That no one indicated their presence at the public hearing in opposition to the proposal. 11. That five people spoke at the public hearing in favor of the proposal, that a petition was submitted containing 13 signatures of neighboring business people who do not object to the proposal, and that 20 letters in support of the proposal were received. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to permit a cooperative art museum, gallery and meeting hall with waiver of the minimum number of parking spaces on a an irregularly-shaped 2.1-acre property located at the northeast corner of White Star Avenue and Blue Gum Street, having frontages of 370 feet on the north side of White Star Avenue and 296 feet on the east side of Blue Gum Street, and further described as 2821 East White Star Avenue -Unit D; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby deny subject Petition for Conditional Use Permit, oh the basis of the aforementioned findings. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 7, 200E (Original signrd Dy 1oPut Koo'1 CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: lOriginal signed ay Eleanor Fe nandesJ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -2- PC2001-64 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Fernandes, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Plarihing Commission held on May 7, 2001, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this day of 2001. (Origirul si;ned by Eleanor Fernandes) SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2001-64 ITEM N0. ------ vna 37a7 ( ~ RM-1200 Y RCL679 BOO02 1¢I~ ~~ RCL 87-88.25 Q RCL 77-7B-57 RM-7200 RM-3000 RM-1200 ' ~.O VAR 3727 RM-1200 3 (Res. of Inlenl RGL 83-04-23 RCL 60-87-0 RCL B5-B6-24 m w~`+t- VAR 3727 Z to RS-7200) VAR 3384 VAR 3763 nPTS. pn. n.~¢a - CL63-sas Q VAR 3097 CONDOS 2B OU ]~'~pm ~ ~ 70 DU UUU~Q - N Q J ~ o ~ RM-2 00 p °a RCL 63.64.60 Z N ' RM-1200 ~ v ¢ RCL 72-73-19 a ti ~ VAR 2428 cu ~ 7- J ~ DEL AMO APTS. i I- 143 DU cu U RS-A-43,000 Ac ~ TTM 16557 RM-1200 RCL 72-73-19 _ GPA 2003-00411 ~ VAR 2428 W GENT VAR 2003-04570 ~ 2 VACANT CL Z R ~ RCL 63-64-78 CUP 2124 CUP 2192 j (Res CUP 3692 VAR 4117 CUP 1696 a ~np ,o CUP 3404 CUP 3692 CUP 2104 Q 9 CUP 3220 CUP 3404 CUP 1fiB7 F ~~~ C/~/ CUP 2925 CUP 3220 CUP 1196 I- CUP 2428 CUP 2925 CUP 617 0 NN° RM-1200 ~ F CF<<cC CUP 2792 CUP 2683 VAR 3207 mNmNry~' Z APARTMENTS ~ Z -- CUP 2642 VAR 4117 U G' e Tom/ A-1 SELF- ddnaae-=o Y D« O En C »ooo~ pDD U O n y STORAGE uuuuo ~ AA = RS-A- /~/y CL I RCLE ~q+ 43000 9y RCL 63.6412] CU ,~,;, bIL sHOP ~ Tnc PUMPING PLANT 1 - - - BALL ROAD {®-1s7' ®~® ss3' ~ R$-7200 CL 63-64-128 ADJ RM-1200 CL cuPn6 acu { 2pp2- RCL 85-86-04 9URGER RCL 00233 VAR 3507 6TAND RCL APARTMENTS cu STADCO DRIVE EGo to _ RS-7200 - RM-2400 -- 1 DU EACH RCL 97-98-20_\ I RC D o N ~ RCL 65-66-104 I I CUP 4042 I RS-7200 ~ mN RM-1200 I CUP 3178 ~ I O Da RCL 84-85.39 1 DU EACH ~ =a VAR 3468 I I CUP 2850 I ~ APARTMENTS ( ~ CUP 1634 7~~ - m I VAR 1787 I - GLENROY AVENUE I I 40 U DITS i ,~ u f General Plan Amendment No. 2003-00411 Subject Property Reclassification No. 2003-00107 Date: August 11, 2003 Variance No. 2003-04570 Tentative Tract Map No. 16557 Scale: 1" = 200' Requested By: ROGER J. WORK 0.5. No. 2 GENERAL PLAN AMENDMENT NO. 2003-00411 -REQUEST TO AMEND THE LAND USE ELEMENT MAP OF THE GENERAL PLAN REDESIGNATING THE PROPERTY FROM THE GENERAL COMMERGIAL DESIGNATION TO THE LOW MEDIUM DENSITY RESIDENTIAL DESIGNATION. RECLASSIFICATION NO. 2003.00107- REQUEST RECLASSIFICATION OF THE PROPERTY FROM THE RS-A-43,000 (RESIDENTIAL/AGRICULTURAL) ZONE TO THE RM-3000 (RESIDENTIAL, MULTIPLE-FAMILY) ZONE, OR A LESS INTENSE ZONE. VARIANCE NO. 2003-04570-REQUEST WAIVERS OF: (A) MINIMUM PRIVATE STREET STANDARDS (B) MINIMUM STRUCTURAL SETBACK ADJACENT TO INTERIOR LOT LINES (C) MINIMUM RECREATIONAL LEISURE AREA (D) MINIMUM DISTANCE BETWEEN BUILDINGS TO CONSTRUCT A 10-UNIT ATTACHED RESIDENTIAL CONDOMINIUM SUBDIVISION. TENTATIVE TRACT MAP NO. 16557 -TO ESTABLISH A 1-LOT, 10-UNIT AIRSPACE ATTACHED RESIDENTIAL CONDOMINIUM SUBDIVISION. COUNCIL POLICY NO. 542- WAIVER OF COUNCIL POLICY PERTAINING TO RESIDENTIAL PROJECTS WITHIN 100 FEET OF A.RAILROAD RIGHT-OF-WAY. 3601 West Ball Road 866 Staff Report to the Planning Commission August 11, 2003 Item No. 7 7a.' CEQA NEGATIVE bECLARATION (Motion) 7b. ' GENERAL PLAN'AMENDMENT NO. 2003-00411 (Resolution):.' 7c. s RECLASSIFICATION NO'2003-00107 (Resolution)'; , 7d. 'VARIANCE NO:'2003-04570; (Resolution) 7e.s `TENTATIVE:TRACT MAP NO. 16557 (Motion) 7f.'' ` WAIVER OF COUNCIL POLICY NO:"542 {Motion) SITE LOCATION AND DESCRIPTION: (1) !This irregularly-shaped, 0.85-acre property has a frontage of 167 feet on the north'side of i Balt Road, a maximum depth of 284 feet and isldcated 653 feet west of the centerline of Knott Avenue (3601 West Ball. Road). REQUEST: (2) The petitioner requests approval of the following: General Plan Amendment No:2003-00411 - to amend the Land Use Element Map of the General Plan redesignating thts property from the General Commercial land use ' designation to the how-Medium Density'Residentiallond use designation. Reclassification No:2003-00107 - to reclassify this property from the RS-A-43,000: (Residential/Agricultural) zone to the RM=3000 (Residential, Multiple-Family) zone, or a less intense zone. Variance No. 2003-04570 - to construct a 10-unit attached and detached residential condominium subdivision under authority. of Code Section No,!18.31.020.020whh waivers of: (a) SECTION NO. 17.08.065.020 Mlnlmum private street standards. (DELETED) (b) SECTION NO. 18.31.063.022 Minimum structural setback atliacent to ihterior lot lines: (12 feet required;' 11 feetproposed) (c) SECTION N0. 18.31.063:030 Minimum recreational leisure area (DELETED) (d) SECTION NO. 78.31.065.011 Minimum distance between buildings (21 feet required; 7 feet proposed) Tentative Tract Map. No. 16557 - to establish a 1-lot, 10-unit attached and detached residential airspace condominium subdivision. Waiver of Council Policv No. 542 - To allow habitable structures to be located within 64 feefof a railroad track (Council Policyrequires a minimum setback of 100 feet). sr8629av Page 1 Staff Report }o the Planning Commission August 11 j 2003 Item No. 7 BACKGROUND: (3) This property is currently vacant acid is zoned RS-A-43,000. The Anaheim General Plan Land Use Map designates this site for General Commercial land uses and isYnot identified in the Housing Elementas a housing opportunity site. (4) Surrounding General Plan Land Use Map designations are as follows[ Direction General Plam Designation North 'Railroad ? East General Commercial South (across Ball Road) Medium Density ;Residential ': West General Commercial (5) There are no prior zoning actions pertaining to this property. GENERACPLAN AMENDMENT'REQUEST: (6) The petitioner requests an amendment to thei Cand Use Element Map of the General Plan to redesignate this property from the General'Commercial land use designation to the -' Low-Medium Density Residential land use designation. (7) The General Plan provides an official guide for future developmentwithin the City and is intended to promote an arrangement of land uses, transportation services antl other public services, which provide orderly development and adequate provision for putilic improvements: Since the initial adoption of the General: Plan, the Planning Commission and.: City Council have viewed the'General Plan as being flexible within the specified ranges. This idea is reflective of the introductipn of tfte General Plan text; which reads as follows: "The Anaheim General Plan is not a precise plan and does not show, nor intend to show, the' exact land use pattern which will in fact occur. Instead, it indicates the general location of land uses and the interrelationships of various land use patterns as shown on the General Plan kand Use Map. The Plan constitutes an expression df currenfCity objectives, principles, standards, proposals and policiesand provides a basis from which decisions relating to specific land use proposals can be made." Page' 2 Staff Report to the ' Planning Commission August 11`; 2003 i Item No. 7 (8) The following is a comparison'of the existing General Commercial land use designation and the proposed Low-Medium Density Residential designation. 'ADOPTED GENERAL PLAN. EXISTING Land Use Approximate:.. Typical :Density Potential Dwelling.; Estimated Designation Acres ' Implementation Range ' Units Average Daily Zone (DU's per ; (Avg'to Max.) Trips'(ADT) Gross (Avg.: to Max.) Acre General:. Commercial 0.85 CL N/A N/A 595 `.The existing General Commercial land use designation is intended to provide for the orderly development of a variety of commercial uses, shopping centersand small businesses and is typically implemented by the CL (Commercial, Limited) zone. APPLICANT'S PROPOSAL EXHIBITA LandUse Approximate Typical ':Density Potential Dwelling'- Estimated Designation Acres Implementation Range Units Average Daily Zone (DU's per (Avg.,to Max.) Trips'(ADT) '; `Gross (Avg, to Max.);,.. Acre Low- RS-5000 0 to 8.7 6s- 7 57-67 Medium' ' 0.85 RM-3000 ` 0-14.5 16 -12 80'-96 Densityf RM-2400 ! 0-18 11`-15 88-120 Residential The proposed Low-Medium Density Residential land use designation is intended to provide for and encourage the'development of small-lot single; family homes, condominiums, townhouses, and apartments not exceeding the maximum density range as prescribed by the General Plan and zoning. This designation is typically implemented by the RS-5000 (Residential, Single-Family), RM-3000 and RM-2400 (1esidential, Multiple-Family) zones. The Low-Medium Density Residential land use designation would permit a theoretical maximum: of up to 15 units at a;density of;18 dwelling units per gross acre for this property. (g) Staff believes that the Low-Medium Density Residential land use designation is ;appropriate for this property. The proposed condominiums would be compatible with the convalescent home and apartments to the west and the apartment complex to the outh across Bail Road. DEVELOPMENT PROPOSAL: (10) :The petitioner proposes to develop this parcel as a 1-lot, 10-unit attached and detached condominium subdivision. The tentative map and site plan (Exhibit No.1J indicate that access to the development would be provided by a' private driveway from Ball Road. Each residence would include atwo-car garage and 10 parking spaces would be provided along the nortft`portion of the property. No entry gates are proposed within the development. Page 3 Staff Report o the Planning Commission August 11;2003 Item No. 7 i (11) Plans indicate the following project characteristics: :Code Standards Cade Requirements; Proposed Project Density 15 units maximum @ 18 DU's 10 units@ 12 DU's per acre er acre "Lot Covera e r 40 ercent maximum 21 ercent 'Structural hei ht 35 feet maximum 29 feet ro osed l Parking Spaces 30 minimum; 30; (20 covered) 20 covered 'Recreational Leisure area Minimum of 10,000 square feet 11,880 square feet total.- total -1,000'square feet per :1;188 square feet per uhit ' unit (12) Plans indicate the following setbacks: Direction i Proposed Setback Code Required Setback 'East adjacent to um in station 11 feet 12 feet; no landsca in re wired .South adjacent to Balt Road 20 feet (average) landscaped lahter with 8 trees 20 feet landscaped; one free ' er 20 lineaEfeet 8 trees (West adjacent to convalescent home i f feet 12 feet; no landsca in re wired North adjacent to railroad ri ht-of-wa 24 feet 11 feet; no landsca in re wired (13) The floor plans (Exhibit Nos. 2 and 3) indicate 2-story units with two separate configurations. Plan A would be 1;456 square feet and consist of a living room, kitchem with nook, dining room,"family room, utility room, powder room and atwo-ca[ garage on the first floor and three bedrooms, two bathrooms and laundry room on tha'second floor. Plah B would be 1,580 square feet and consist of a living room, kitchen with nook, dining room, family room, utility room, powder room: and atwo-car garage on the first floor and three bedrooms, two bathrooms and laundry room on the second'floor. Both plans contain exterior balconies from the master and rear bedrooms.' Code requires a minimum floor area of 1,150`square feet for three'bedroomvnits. (14) Vehicular access is provided by one driveway from BaIlRoad accessing the proposed private drive. The site plan and tentative tract map indicate 30 parking spaces available within the subdivision with 2 garage spaces for each dwelling unitplus 10 uncovered ` spaces for guest parking (total ofl20 garage spaces and 10 open spaces). Code requires a total of 30 spaces based on the requirement of 3 spaces for each!three bedroom unit (3 x 10 = 30). Cotle further requires that 20 of these spaces be covered. The petitioner does not'propose gates across the entry to the driveway. (15) The elevation drawings (Exhibit Nos. 4 and 5) indicate the proposed condominium buildings are two-story structureswith a maximum height of 29 feet. Plans. indicate Page 4 Staff Report to the Planning'Commission August 11, 2003 Item No.7 building materials consisting of stucco finished building walls, concrete the roofs, wood fascia with exposed beams and stone wainscoting. ;Plans indicate the front elevations of `the units (visible from the driveway) consist of roll-up garage doors, large and small: decorative windows,;and exterior balconies with wood railings::, Rear elevations consist of he same materials, an exterior balcony, tiding glass doors and arched windows.'The relevation drawings indicate the side elevation of the proposed units, visible to BaII Road, '.would contain the main entrance for the two outermost (Plan A) units. (16) ,The site plan shows an average 20-foot wide landscape setback adjacent to Ball Road, [Although specific sizes and tree species' are not specified, the'plan does-show 8 trees and i conceptual layered landscaping. Code requires one (1) tree for every twenty (20) feet of treet frontage. Code further'requires an average setback of 20 feet from Ball Road, with no setback less than 15 feet. `Code also requires that yards and setback areas be landscaped with lawn, trees, shrubs or other plantmaterials. ENVIRONMENTAL IMPACT ANALYSIS: (17) ;Staff has reviewed the proposal and the Initial Study (a copy of which is available for review in the Planning Department) and finds no significant environmental impact and, therefore, recommends that a Negative Declaration be approved upon a finding by he %Planning Commission that the Negativebeclaration reflects the indeperidentjudgment of ;the lead agency; and that it has considered the proposed Negative Declaration together '.with any comments received during the public review process: and further finding do the ::basis of the Initial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. GROWTH MANAGEMENT ELEMENT ANALYSIS: (18) The proposed project has been reviewed. by affectetl City departments to determine whether if conforms'with the Citys Growth Management Element adopted by the City Council on March 17, 1992. Based on city staff review of the proposed project, it has been determined that this project does not fit within'the scope necessary to require'a Growth Management Element analysis„therefore, no analysis has been performedi EVALUATION: (19) ,.The petitioner requests amendment to the General,Plan land use designation from' 'General Commercial to Low-Medium Density Residential and`rezoning of the property from the RS-A-43,000 Zone to the RM-3000 zone. The requested rezoning would be 'compatible with the: proposed General Plan designation of Low-Medium Density `Residential. Staff feels that the RM-3000' is compatible with the adjacent convalescent home and apartments to the west and the apartment complex o the south. (20) Waiver (a) pertains to minimum private street standards. This waiver has been deleted. (21) !Waiver (b) pertains to minimum structural setback adjacent to interior lotlines. Code requires a setback'of 12 feetiand 11 feet is proposed at the east and west property;lines. Staff feels that the deviation from the code requirement is minimal and the waiver can be .justified due to the irregular shape of the. property, limiting the placement: of structures. This lot configuration creates a special circumstance applicable to the subject property which does not apply to othermultiple-family developments i~ the immediate vicinity. Therefore, staff recommends approval of this waiver. .Page 5 Staff Report to the Planning Commission August 11; 2003 Item No. 7 (22) Waiver (c) pertains to minimum recreational leisure area. This waiver has been deleted; (23) Waiver (d) pertains to the minimum distance between buildings. Code requires a minimum distance between the two buildings`on the west side of the property of 21 feet and plans indicate 7 feet. The irregular shape of the property serves as justification of this waiver. In order to meet the code-required distance between buildings the western units would need to be pushed to the north, eliminating the recreational leisure area, Sfandards such as required distance betweenbuildingstyere designed to assure that residential projects provide a desirable living environment by not overbuilding he site.'Staff feels this waiver is appropriate because hardship is evident on this property.;. Moreover, except for the'separation between'the two units at the northwest comer of the'site, the'complex has an attached design. (24) The petitioner is also requesting a waiver of Council Policy No. 542 pertaining to residential dwellings located nearer railroad right-of-way,The Coungil Pollcystates thaf ho habitable structure shall be located less than' 100 feeffrom a railroad track. Plans indicate the'detached units and attached units would be approximately 64 feet from the established railroad track o the north of the property. The development would be required to comply with sound-proofing requirements contained in Title 24 of the California Administrative Code. (25) Staff receivedjinput from!the ownerof the convalescent home to the west indicating a concern for the safety ofahe residents residing at the home during construction. The applicant is aware of the concerns, and is willing to cooperate with the neighboring property to ensure that construction of the proposed condominium'projecttyould not disturb the convalescentfiome residents. '(26) Staff is supportive of the general plan amendment and rezoning to permit residential condominiums on this property. The project is designed' o meet the level of'quality the' Commission has been approving for similar development proposals. Specifically, staff has identified the following as attributes to the livability of this'. project: (a) There is plenty of useable open spacer/recreation area for future residents, including a"pocket park, pool and spa. Staff feels these amenities would provide a sense of community for the future: homeowners. (b) The interiors of the condominiums are livable and convenient with second floor laundry facilities and two open balconies that are`accessible from bedrooms. The living rooms are open to above and contain tall ceilings to provide an open, light main living space forfuture residents. (c) The exteriors would be`constructed with quality materials and design features. Stone wainscoting, exposed beams and arched, multi-paned windows are featured in an effort to'provide a quality residential development.' FINDINGS: (27) When practical difficulties or unnecessary hardships result from strict enforcement of the Zoning Code,'a modification may be granted for the purpose of assuring thatno property, because of special circumstances applicable to it, shall be deprivetl of privileges commonly enjoyed by other properties in the `same vicinity and zone. The sole purposebf any variance is to prevent discrimination and'hone shall be approved which would have Page 6 Staff Report to the Planning Commission August11'j2003 Item No. 7 the effect of granting a special privilege not shared by other similar properties. Therefore, before any variance; is granted by the Planning Commission, it shall be shown: (a) That there are, pecial circumstances applicable to the property such as size, shape, tcpography, location orsurroundings, which do not apply to other identically zoned properties in the vicinity; and (b) That strict application of the Zoning;Code deprives the property of privileges enjoyed by other properties under identical zoning classification in the vicinity. (28) ;The State Subdivision Map Act (Government Code,'Section 66473.5) makes it mandatory `to include in all motions approving, or recommending approval of a tract map, a specific r finding that the proposed Subtlivision together with' its design and improvement is :.consistent with theCity's General Plan. Further, the law requires that the Commission/Council make any of the following findings when denying or recommending denial df a tract map: 1. That the proposed map; is not consistent with'. applicable General and Specific Plans. 2. That the design or improvement of the proposed subdivision is not consistent with applicable General and?Specific Plans. 3. That the site'is not physically suitable for the,type of developmenE 4. That the site is not physically suitable for theproposed density of development. 5. That the design of the subdivision. or the proposed improvements are likely to cause substantial environmental damage or'substantially and avoidably injure fish or wildlife or their habitat. 6. That the design of the subdivision'or the type of improvements is likely to cause serious public health problems. 7. That the design of the subdivision'or the type of improvements will conflict with easements;`acquired by the public at large; for access through or use of property within the proposed subdivision. RECOMMENDATION: (29) 'Staff recommends that unless''additional' or contrary information is received during the "meeting, and based upon the evidence'submitted to the Planning Commission, including the evidence presented in this'staff report, and oral'and written evidence presented at the public hearing that the Commission take the following actions:; (a) ey'motion, approve the CEQA Negative Declaration. (b) By'resolution,'recommend approval to the City Council of General Plan Amendment No 2003-00411 to redesignate this property from the CommerciatGeneral land use designation to the Low-Medium Density Residential land use designation by -; adopting Exhibit A. :Page 7 Staff Report to the Planning Commission August 11,2003 Item No. 7 (c)' By resolution, approve Reclassification:No. 2003-00107 (to reclassify the property from the RS-A-43;000 zone to the RM-3000 zone) based onithe followrng: (i) That the proposed reclassification of this property to the RM-3000 zone :would be in conformance with'tlie Anaheim General`Plan Land' Use Element Map designating this property for Low-Medium Density Residential land ' uses. (ii) That the Low-Medium Density Residential land use designatiortallows a maximum'density of up to 18 dwelling units per acre;'and the proposed 10-unit condominiumcomplex would have+a density`-of 12 dwelling units per :'acre. (iii) That the reclassification to the t2M-3000 zone is complementary to the RM- 1200 zonetl apartment completes to the south and west and the convalescent home tp the immediate west: of this property. (d) ey resolution, approve, Variance No. 2003-04570; in part, (to construct a 10-unit:: attached and detached residential condominium subdivision) by denying waivers' (a) and"{c) pertaining: to minimum private street standards and minimum recreational leisure'area because they have been deleted, and approving waiverspertaining #o (b) minimum structural setback adjacent to interior lot linesand (d) minimum distance between buildings based on the following: (i) That the irregular shape of the property creates a special circumstance applicable to the subject property which does not apply to other?multiple- `family developments'h the immediate vicinity. (e) By motion, approve Tentative Tract Map No. 16557 (to establish a 1-lot, 10-unit airspace attached'and detached residential condominium subdivision) since the improvement of the proposetl subdivision would fie consistent with and at a lower density han the General Plan land use designation of Low-Medium Density Residential. (f) By motion, approve Waiver of Council Policy No. 542 pertaining to residential dwellings located near a railroad right-of-way, since sound mitigation measures will be implemented in this construction of the project:' THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS AN INTERDEPARTMENTAL COMMITTEE AND ARE RECOMMENDED FOR ADOPTION BY THE PLANNING COMMISSION 1N THE EVENT THAT RECLASSIFICATION - N0: 2003-00107 IS APPROVED. 1. That approval of Reclassification No. 2003-00107 is contingenfupon approval of General Plane: Amendment No. 2003-00411 bythe City Council. 2. That prior to introduction of an ordinance rezoning subject property, a preliminary title report shall be furnished to the Zoning Division showing the legal vesting`of title, a legal description and containing'a map of the property. 3. That prior to placement of an ordinance rezoning subject property on an agenda fpr City Council 'consideration, Condition Nos. 1 and 2, above-mentioned, shalt be completed. The City Council 'may approve or disapprove a zoning ordinance at its discretioh: If the ordinance is disapproved, Page 6 Staff Report to the Planning Commission August 11; 2003 Item No: 7 the procedure set forth in Anaheim Municipal Cotle Section 18.03.085 shall apply. The provisions or rights granted by this resolution shall become`hull and void by action of the Planning Commission unless said conditions are completed within one (1) year from the date of this _ resolution, or such further time as the Planning;Commission may grant. 4. That approval ofthis application constitutes approval of the proposed request only to the extent that it' complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any actionbr findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS `ANINTERDEPARTMENTAL COMMITTEE AND ARE>RECOMMENDED FOR'ADOPTION BY THE PLANNING COMMISSION IN THE' EVENTrTHAT.VARIANCE N0=:2003-04570 1S APPROVED. 1. That all condominium units,shall be assigned a street address with unit numbers on Ball Road as submitted to and;approved' by the Building Division. 2 That final landscape plans shall be submitted to the Zoning Division for review and approval. Said plans'shall indicate plant type, size, quantity andlocatiomand show landscaped pockets between the garage doors, and minimum of one tree within the rearyard of each unit, and a layered landscape concept consisting of trees; shrubs and groundcover for the setback; adjacent to Ball Road. All trees shall be minimum 24-inch box in size. 3. That approval of his variance is contingent upon approval of General Plan Amendment No. 2003-00411, Reclassification No. 2003-00107 and Tentative Tract Map No. 16557 now pending. 4. That the City of Anaheim sewer connection fee shall be paid: 5. That the sewer system for this development shallbe privately maintained. 6. That the developer shall pay the Sewer Capacity Mitigation Fee for the West Anaheim Area. 7. That the developer shall plant three, 24-inch box sized Tristania conferta trees in the City right-of- way. '.Minimum width of parkway/tree'wells shall be 5 feet:The entire'parkway shall be irrigated by a system supplied fromthe development and said information shall be shown on plans': submitted for building permits. 8. The gates shall not be installed across the driveway in a manner which may adversely affect vehicular traffiah the adjacent public'street. Installation of any gates hall conform to Engineering Standard Plan No. 609 and shall be subject tothe review and approval of the City Traffic and Transportation Manager prior to issuance of a building permit. 9. That plans shaA be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the current version of Engineering Standartl Plan Nos.. 436, 601 and 602 pertaining to parking standards and driveway,locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 10. That roll-up garage doors shall be shown on plans submitted for building permits. Said doors sfiallbe installed and maintained asshown on submitted plans. 11. That no requiredparking area shall be fenced or otherwise enclosed#or outdoor storage uses. `Page 9 Staff Report to the Planning Commission August 11,2003 Item No. 7 12. :That the locations for future above-ground utility devices including, but not limited to electrica(c transformers, water backflow devices, gas, communications and cable devices, etc: shall be .shown on plans submitted for building permits. Plans shall also identify the specific%screening; treatments of each device (i.e: landscape Greening, color of walls, materials, identifiers, access points, etc.) and shall be subject to the review and' approval of the appropriate City'departments. 13. That all backflow equipment shall be located above ground outsitle of the'street setback area in a manner fully screened from all public streets. Any backflow assemblies currently installed in a :vault shall be brought up to current standards. Anyother large`water system equipment shalt tae installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback areas in a manner fullyscreened from all public streets:and alleys. Said information shall be shown on plans and approved by Water Engineering and the Cross Connection Control Inspector before submittal for building permits. 14. That sincethis project has landscaping area exceeding 2,500 square feet, a separate irrigation. 'meter shall be installed and sfiall comply with City Ordinance No. 5349 and Chapter'10.19 of the 'Anaheim Municipal Code. Said information shall be shown onplans submitted for building ''permits. 15. That all requests for new water services or fire lines, as well as`any modifications, relocations, or abandonment of existing water"services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. 16. That all airconditioning facilities and other ground-mounted equipment shall be properly shielded `from view and the sound buffered from adjacent residential properties. Such information shall be specifically shown on the planssubmitted for building permits. 17. That all plumbing or other similar pipes and fixtures located on the exterior of the buildings shall be fully screened by architectural devices'and/or appropriate building materials. Said information shall be specifically shown on the plans submitted for building permits, 18. That the property shall be permanently maintained roan orderly fashion by providing;regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) bouts from' ime of occurrence, ': 19. That clothes washer and dryer hookups sfiall be incorporated into each condominium dwelling;. unit and shall be shown on the plans submitted for building permits. 20. That trash storage areas shall tie provided. and maintained in alocation acceptable to the Public Works Department, Streets and' Sanitation Division and in accordance with approved plans on file with said Department: Said storage areas`shall be designed tobe architecturally compatible with the designof the residences, located and screened so as not to be readily identifiable from adjacent sheets or highways. The walls of the storage areas sfiall be protected from graffiti opportunities by the use of plant materials such as minimum 1-.gallon size'clinging vines planted on maximum 3-foot centers or tall shrubbery. Said information'shall be specifically shown orf the plans submitted for building permits for Planning Department and Public. Works Department, ~? .Streets and Sanitation Division'approval. 21. That a plait sheet for solid waste storage, collection and a plan for recycling shall be'submitted to .the Public Works Department„Streets and. Sanitation Division for review and approval. Page 10 Staff Report to the Planning Commission August 1 t 2003 Item No. 7' 22 That subject property shall be developed substantially in accordance with plans and specifications.submitted to the City ofiAnaheimby the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 5 and as conditioned herein. 23. ' That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos: 1, 2, 3, 4 6, 7, S, 9; 10, 12, 13, 14, 15, 16, 17, 19, 20 and 21, above-mentioned, shall be complied with.: Extensions for further time to complete said conditions may be granted in accordance with Sectioh' 18.03.090 of the Anaheim Municipal Code.'!. 24. That prior to final building and zoning' inspections, Condition No. 22 above-mentioned, shall be complied with. 25.'' That approval of his application constitutes approval of the proposed: request only to the extent that itcomplies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does riot include any action or findings as to compliance or` approval of the fequest regarding any other applicable ordinance, regulation or requirement. THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS. ACTING AS AN INTERDEPARTMENTAL COMMITTEEAND ARE RECOMMENDED FOR ADOPTION BY THE PLANNING COMMISSION IN THE EVENT THATTENTATIVE TRACT MAP NO.' 16557 1SAPPROVED. 1. That a maintenance covenant shall be submitted to the Subdivision Section and approved by the City Attorney's officerThe covenant shall include provisions for maintenance of common' area landscaping, >; perimeter walls and private facilities, including compliance with approved Water Quality Management Plan and a maintenance exhibit, The covenant shall be recorded concurrently with the final map. 2. That the developer shall submit street improvement plans to he PublidWorks Department, Development Services Division and a bond shall tie posted to guarantee that Ball. Road shall be improved in accordance witfi'the Circulation Element and asapproved'by the City'Engineer.>The improvement shall. be constructed prior to final building and zoning inspection, 3. That prior to approval of the final map or grading plan, whichever occurs first, the developer sfiall submita Water Quality Management Plan (WQMP) specifically identifying the post construction best management practices that will be used on-site to control predictable pollutants from storm water runoff. The. WQMP shall. be submitted to the Public Works Department, Development Services Division for review and approval. 4. That this approval is contingent upon atlopticn of General Plan Amendment No. 2003-00411, finalization of Reclassification No 2003-00107 and approval of Variance No. 2003-04570. 5. That a tract map to record the division of subject property shall be submitted to and approved by the Citybf Anaheim and shall then be recorded in the Office of the Orange County Recorder'. 6. That the property owner/developer shall provide the City of Anaheim with a public utilities easement to be'determined as electrical design'is completed. T. ' That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim (Water Engineering Division) an easement twenty (20) feet in width for waterservice mains andloran easement for large meters and other public water facilities. S. That prior to final tract map approval, Condition Nos. 1, 2, 3, 4, 6 and 7, above-mentioned shall be complied with. Page 11 Staff Report to the Planning Commission August 11; 2003 Item No. 7 9. That approval of the proposed request only#o the extent that it complies with the Anafteim Municipal Zoning Code and anyother applicable City, State and Federal regulations.:Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. Page 12 m N m C ~ A eI T ,~ D ~ r ~ C n ~ N ^. ~ "' p fD ~ 7 z+ N d o 'a o w 0 O A Knatl Slreel Western Avenue Basch Boulevard Dale Avenue Magnolla Avenue Gilbert Slreel Breohhurst Slreel Nuhvood Street Euclid Street Ninth Street west Street Herhor Boulevard Hasler Street Lewis Sheol SL Collage Boulevard Knoll Street Western Avenue Beach Boulevard pale Avenue Magnolia Avenue Gllberl Street Srookhurst Street Euclid Street HeNar Boulevard Leman SI./ Anaheim Blvd. Eesl Slreel Stale College Boulevard Kraemer BoulevaN V O~ V] O 'O eft G C9 9 LL Q' ~ ~ R ~3 3u 'O m m c v r `c_ c O Miller Slreel Tustin Avenue Jefferson Sheet „a ~ An ~ ma m3 ~ and ~uoi mm `mom m~ m3 mm m ~ u s ATTACHMENT - ITEM N0. 7 EXISTING GENERAL COMMERCIAL ~ ~ ~ I I~ MEDIUM ~ ~' DENSITY ~ ~ RESIDENTIAI Y iCC; _r®t~_ a C w z ¢ GENERAI j Q COMMERCI ACRES 0.85 LOW-MEDIUM DENSITY RESIDENTIAL MEDIUM DENSITY RESIDENTIAL ~~~~ ~... COMMERCIAL ~'~~~ ~~~ c nnnn. ,; ®' ' BALL ROAD (Primary Highway) ' '" ~/ LOW DENSITY STADCO DRIVE 1 RESIDENTIAL D 0 0 0 m GLENROY AVENUE ~~_ w °' ~~ W ~® ~_~ pW W~ General Plan Amendment No. 2003-00411 Existing Figure 2 GENERAL COMMERCIAL 876 ATTACHMENT - ITEM N0. 7 EXHIBIT A LOW-MEDIUM DENSITY RESIDENTIAL LOW-MEDIUM DENSITY RESIDENTIAL ~ I ~ ~ MEDIUM ~ ? DENSITY v ~ RESIDENTIA a = LOW-MEDIUM z Q DENSITY ~ ¢ RESIDENTIAL m I I GENERAL COMMERCIAL ACRES 0.85 ............ MEDIUM DENSITY RESIDENTIAL GENERAL COMMERCIAL GEN.` coMM. BALL ROAD (Primary Highway) coMM. STADCO DRIVE LOW DENSITY RESIDENTIAL J ~Q w~ oz W ~0 ~~ pW W~ ~ \ 0 0 0 m GLENROY AVENUE General Plan Amendment No. 2003-00411 Exhibit A Figure 3 I z --1 ~H- -1 876 ATTACHMENT - ITEM N0. 7 SECTION 4 PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: , (~A~ separate statemegt is required for each Code "waiver) PERTANINGTO: I N I l%'W ®~SET$7~ic '~.EQ~-S~ L M~~~ Sections 18.03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver may be granted by the Zoning Administrator or Planning Commission, the following shall be shown: That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property tinder identical zoning classification in the vicinity; and That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property corder identical zoning classification in the vicinity. In order to detemtine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to aiTive at a decision, please answer each of the following questions regarding the property for which a variance is sought, filly and as completely as possible. If you need additional space, you may attach additional pages. 1. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundings? ~ Yes _ No. p your answer is "Yes," describe tl~e special ci ~~.mstances THL fA'ml'4kT`J lS ~ij~ SW~~~ ~? jttE~ltl' r°vu.NK'i ~t I ATI ~ - BEH-iND lT ~B-[S NoT +H-t-onr ACDT of >~=X il~u rY lIV yt-MMdR, 6F u-/YrTS aPEnt sPh~%'s . M o~E oV ~t T~ E (s A~N ~~E C7~yM'rE~ r Ifr~ CIZY ~ EXPhKSioK'I ~ ~~- '~IMPRsVCMC~7t %H-i=Ci E7i~ . 2. Are the special circumstances that apply to the property different from other properties in the vicinity which are in the same zone as you, propeny; ~ Yes _ i\o jVli 4. The sole purpose of any variance or Code waiver shall be [o present discrimination, and no variance or Code waiver shall be approvedwhich wot Id have the effect of granting a special privilege not shared by other property in the same vicinity and zone which is not otl vis`~~pressly authorized by zone regulations goceminu subject property. Use variances are not permitted. :~-. Signature of Properly Owner or Authorized Agent Date DF:CEM1IBER 12, 2000 CONDITIONAL USE PERMITNARIANCE NO. VAR NO. 2003 - D 4 7 Do the special circurtstlrces applicable to the property deprive it of privileges currently enjoyed by neighboring nroperties'lttcatedwithirl the same zone? ~ Yes _vo :s;''_ Were the special circumstances created by causes beyond the control of the property owner (or previous property ,.,, ,,o..-w `t~ vo.. rr„ ATTACHMENT - ITEM N0. ~ SECTION 4 PETITIONER'S STATEMENT OF ;iUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) ~~~~t~ o .5'42. . , :,~Q;;ESTFORWAIVEROPCODCSECTION: ~h1~ IV -- .. A _._ _ (A separate statement i~required for each Gode waiver) _. __.:; x.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code .va fiver may be ~. - ' '-~ ''?~ 7_ering Administrator or Planning Commission, the following shall be shown: -- a: >:tere are special circumstances applicable to the property, including size, shape, topography, location or ^._ adirgs, which do not apply to other property wider identical zoning classification in the vicinity; a rd " ~, oecause of such special circumstances, strict application of the zoning code deprives the property c f l rivileges --,°oy^ed by other property under identical zoning classification in the vicinity. •:o de^.ennine if such special circumstances exist, and to assist the Zoning Achninistrator or Planning Comm ssion to . c:ecision, please answer each of the following questions regarding the property for which a variance is ;ought, fully _ :-aic±ely as possible. If you need additional space, you may attach additional pages. _ su'rcial circumstances that apply to the property in matters such as size, shape, topography, location or ....._<.gs? ~ Yes _No. is "Yes," describe IS 2D~ Sft ~ ~ E7~ {Jl Tlt 'oT kuonr h, t.OT of ~••Z~KT~ T l~ LlZY ~ ~~(PkKSioN'~'V~ Sr~i.L 1e6fi~ '~"IMPR~VEMc-NTt />Y~E~~7nr' . :. E> re the special circumstances that apply to the property different From other properties m the vicinity v h: dt are in the saute zone as your property? ~, Yes _ No '.~rar answer if "yes," describe the specialcircumstances: ere the special circumstances created by causes beyond the control of the property owner (or previous property -. ::--~" Yes No \PLAN ;rose of arty variance or Cade waiver shall be to prevent discrimination, and no variance or Code wt.iv;r shall be - - ~ ~t~ncli~ould have the effect of granting a special privilege not shared by other property in the same vi .i: tity and zone _ -`'g'ot rte vise eypressly authorized by zone regulations governing sub'ect property. Use variances are roi permitted. - ..-~ of Property Owner or Authorized Agent Date CONDITIONAL USE PERMITNARIANCE NO. _ _ ,,.,.,. .... VAR N0.2003 - 0 4 5 7 0 70 *.`~e special circumstances applicable to the property deprive it of privileges currently enjoyed by nei;;hboring a*nperties ]ocated within the same zone9 _Yes _IJo - ~ W I W J 2 2 ° '~ ~ 1 y ¢ Z O fn ~° RsazoD m z 1DU \ ~ RCLih4~io rv ^ CL o 6ieealM uo c H1 ~aQ RCL9&9311 Au w6i9 cw 99n RCL 869911 RCL 9594tt m~CV RCL9}g¢O) OR CHANGE ftCL 5657.5] RCV}]iA6 Sm.~°pL9 RCL)}p41$ 61-@-Z] RCL 55-SA51 L]mnM1 ~~ RCL ]b]41011) ~ cup x9)9 cup 9]4 V ~m LDP 3fi6] CUP tT51 Elq ]18 RLL 9F960C U-~ 0 qCL 0689H VAR 2r$OS CVP 1751 MARDI RCL)N0.15 5.651NN GRAS RCL 959311 ¢KL1 RU qCL 089554 ADJ 0093 VPA Z<2C MOTEL MOTEL RCL T})y10 QA{y WASH CUP ]916 Ctl ~ ) BLO TER jT-0UP 2tlI1 VOEO flLL 9bB411 1' C YCV}]4-09111 W W W ~ W RCL°P9311 I- (C ~ .L ~Jr °a24", v, N = a :L 969411 ~~ y ] ml b° ~ ~ dl I CL) Z CL [O J RCL G48A2 (]LL ~O(~-) Ae. gs 1CL0 ''" LINDSAY ROAD tcL esss)z CUP 114> RCL 2003-00101 ~n m 4 Cn'- CL RCL 959411 RCL 9B-99-11 t J o -IZ Y RCL 9B-- Ra so-ssn cupz~e RCL 64-fibd2 m~ J my RCL 64-E GUP fi63 rcir ~ ~ I LINCOLN AVENUE ~I tzo~ l a CL 6 RLL 99-9411 LL CL CL 81.41260 84ll- LL CL 9 RCL 959411bW-99f RCL9&94111 h RLL 64-fist ] RCL9&9311 RCL 96A311 LL RCL r1-]2.94(1 RCL 65-660$ RCL646S49'. 54[85)ICUP i 09 O LLI RCL e4.6S]3 RGL64.6S]G RCL 99-9311 RCL r1-]2-02(2 RCL]7-T2-04 2 ] 19 CUP 299 yy 544444` CDP PA 91F5 ~ LLI LUP29W VAR 2529 V-9225 RCL 6i-6S]3 L T-CUP 2001-044 RLL]7-]2.02(1) CUP 1 LUP291 yqq 6155 AUTO 2003-04]363 ~ CUP 2296 OdF pENTAL OFFICE VA15 FURNINRE VPA 199° CUP 2000-04265 619 91LUPA06 AcL LUP 2539 CENTER CUP 3193 APT6~ SALES VACANT-- LExT EIR 319 . Eq ------ - 1 APARTMENTS flF4tx89 I- RLL)9960f ~ ~ gcuwz~o4 Ig9e aumaxmul ~ RM-3000 Run-ra9zm CL RCL 96-99-tt vaaP9'ao9's' RCL 9B-99-11 = RCL 97.96-09 VAR]589 arts RCL 63-64-39 Y RCL 64-65-73 . VAR 3165 5 CUP 639 ~ CUP 4000 LINBROOK BOWL CUP 3754 BOWLING ALLEY . ~ a ~ ADJ B m ADJ 0148 1 DU EACH ~_ RM 300D 1 DU EACH RS-7200 t DU EACH HIAWATHA AVE Conditional Use Permit No. 2003-04736 Requested By: CAL ASIA PROPERTY DEVELOPMENT COMPANY REQUEST TO CONSTRUCT A 3-UNIT COMMERCIAL RETAIL CENTER. 101 South Brookhurst Street sss Subject Property Date: August 11, 2003 Scale: 1" = 200' Q.S. No. 33 Staff Report to the Planning Commission August 11;2003 :Item No: 8 8a. CEQA NEGATIVEbECLARATION (Motion) 8b. CONDITIONAL. USE PERMIT' NO. 2003=04736 (Resolution) ; SITE LOCATION AND DESCRIPTION: (1) This rectangularly-shaped, 0.4-acre property is located at the southwest corner of Lincoln - Avenue and Brookhurst Street, having frontages of 120 feet on the south side of Lincoln Avenue and 150 feet on the wesfside of Brookhurst Street (101 South Brookhurst Street). REQUEST: (2) The petitioner requests approval of a conditional use permit under authority of Code Section No. 18.44:050.135 to'construct athree-unit commercial retail center. BACKGROUND: (3) This property is currently vacant and was previously occupied bya gasoline service station and is zoned CL (BCC) (Commercial, Limited -Brookhurst Commercial Corridor Overlay). This property is within the West Anaheim CommercialiCorridor Redevelopment Project Area and the Anaheim General Plan Land Use Element Map designates this property for General Commercial land uses: All surrounding properties are designated for General Commercial land uses. r PREVIOUS ZONING ACTIONS: (4) The following action pertains to this property: Conditional Use Permit No 2539 (to permit acoin-operated car wash in an existing service station) was approved by the Pianning,Commission on February 22, 1984. This permit should be terminated since the service station no longerexists on the property. DEVELOPMENT PROPOSAL: (5) The petitioner proposes to construct a new 4,440 square foot commercial retail center: The site plan (Exhibit No. 1), indicates tfiat the new commercial retail center would consistbf one building with three tenant spaces;': Sr5030jr Page 1 Staff Report to the Planning Commission Augustl1,'2003 Item No. 8 ~~z+ ~ ~i.7A.r~._,-t. .~,a.y ~~ ~~~~ ~"~.~~,~., ~q _rvc'iG ~' S'yr1.+~"','r'~"w~ ° ~~ ~~ ~. y~r ~rg~ Ems' ~~~`'S,^Y~sz r~ ,. 4, ~y?,,,P..rr ~~~,a,.~„~-"''c. ~7r`=-' ~~`~b ?+ ,~ r 3s .~. y~~k K: y'u z.,-'x.~"~ ra~ ~z s~y,~, 3~'~~,,~''/l",~ `' ~'l ,a ~,-+~ 2t .: v~ .3 ~`z` K 6 , 7~ ~ c -u-i ~f F-~v st ~. ~ ~,,' ~1 v L' iv~.+ pr" S 6~ ~i""" ~, J"'~ ~.'~r ,, y ..+ ~ v G"` ~ ~ "~`~ ~'tifl'~ t '~ ` ~ J ~" t~ ~ ~ ~ ~` ~t a f~ G~ 't' Y s z ~~ l ~,:. s '':' .y.. ,i, .~~~~ ~ ~; t~: , 6~ ~ ~'~' ~ ~.z*a AY~i'' y ~ ~ 'ae~ r' ~yi4 ~ k R a ~ .l ~ {wr.„~£"'^r, .~ s ~~~` r~~~~~~ ter.. Wb ~ r ~ L Proposed location'of new 3=unit commercial center (5) The site plan indicates thafthe proposed building would be developed: with the following setbacks: Direction Proposed'Building & Code- Code-Required Landscape Setbacks Requiretl Landscaped building i Setback Setback i North (adjacent to < 43 feet to building 35,feet 10 feet Lincoln Avenue 10 feet landsca ed West 1 foot to building None required None required 0 feet landsca` ed South 2 feet to building None required None required 2feetlandsca`ed East. (adjacent to 75 feet to building 10 feet ! 10 feet Brookhu~st Street 2 10 feet landsca ed (7) The floor plan (Exhibit No. 2) Indicates that the proposed retail building would consist of one 1,440 square-foot tenant space and two 1,500-square foot tenant spaces (a total of three tenant spaces). The plan indicates main entrances to all suites on the east elevation (facing Brookfiurst Street). The plan further indicates restrooms in the rear of each tenant space.': (8) The site would be accessed. by two driveways, one on Lincoln Avenue. and one on Brookhurst Street: The plan indicates a total of 24'parking spaces proposed for the new center, Code requires a minimum of 24 spaces for this center based on the ratio of 5.5 parking spacesper 1,000 quare feet of gross floor area of general'retail space. (5.5 x 4,440/1000 = 24). The plan also indicates a double trash enclosure along the north side of the building facing Lincoln Avenue. Page 2 j Staff Report to the Planning Commission August 11,2003 :'Item No' 8 (9) Elevation drawings and perspective renderings for the center (Exhibit Nos. 3"and 4) indicate a one-story, 18-foot high;commerciatbuilding with a 20-foot high raised parapet treatment at the center of the building above the middle tenant space. Building materials consist of a scored stucco finish (with adual-colored treatment-' fJutmeaY' and "Grape. Reflection"), accent wood rellises on he north and south elevationsj'cast aluminum white parking lot lighting, and a 20-inch high ledge stone treatment on the north and east elevations. A' - .decorative cornice treatment is proposed along the north, south, and east elevations. The storefront includes clear glass anodized aluminum windows and entryway doors, as well as associated signage. (10) Elevation drawings andperspective renderings (Exhibit Nos. 3 and 4) reflecE the general location and: size of proposed walPsigns for he commercial center'. The petitioner has!. indicated that specific tenants have not been identified and any specific sighage would comply with all provisions in the Code. Plans also indicate a 5=foot high, T/Moot, wide monument sign (27 square feet of advertising on each side) located at the northeast cornefof the property at the intersection of Lincoln Avenue'and Brddkhurst Street. The monument sign would be donstructed with a 16-inch split-faced masonry block base, small'pilaster treatments at each end with a cornice finish. The sign's color and stucco finish would be consistent with the commercial retail building. Code allows walfsigns for advertising,. provided the total area of any such sign shall not exceed ten percent (10%) of the area of the face of the building to which such sign isattached.'Codefnrther requires that a) all monument signs shall not exceed the lesser of sixty-five (65) quare feet or 0.5 square foot for each linear foot of street or highway frontage of the parcel of real property on which said sign is locatetl; b) be located within a lahdscaped planter, the area of which is at least one-half the total sign area'of the sign: located within the planter; c) signs include the numeric street atldress with numbers':no less than nine inches in height; d) the`exterior finish, color and materials of the sign shah complement the colors and/or materials of the building that the advertised business occupies; and e) a olid base at least eighteen (18) inches in height, (11) The landscape plan (Exhibit No. 5) indicates a 10-foot wide landscape planter along the north antl east property lines! adjacent to Lincoln Avenue and Brookhurst Street, planted with two Carrotwood reesand,ten White Grape Myrtle trees, as well as shrubs and groundcover. The plan also indicates four landscaped fingers within the parking area, three of which would be planted with'dne Queen Palm (8-foot brown trunk height (BTH)) and associated ground- cdver. The plan also indicates a 1-foot wide: planter along the storefront (east building .elevation) to be planted with Coral Bells. The landscape plan further indicates a trellis with clinging vines (Carolina Jasmine)'along the'south building elevation, as welt shrubs planted along the trash enclosure wall. Code requires one tree for every 20 lineal feet of street frontage, (6,trees on Lincoln Avenue and 8 trees on Brdokhurst Street) and' fast growing shrubbery or clinging vines planted on 3-foot-centers for the trash enclosure. Code further requires that at least one (1) tree?per three housand (3,000) square feet of parking area and/or vehicular accessways be distributed hroughout the parking area and an average of forty-eight (48) square feet of planter area provided per required ree, with a minimum. planter dimension of five (5) feet, and no more than ten (10) parking spaces shall tie adjacent to each other in a row without being: separated. by landscape area with a minimum width' of five (5) feet (9,140 square feet / 3000. square feet = 3 trees with associated planter areas). (12) The submitted letter of operation indicates the site would be constructed in one phase. The .letter also indicates'tfte proposed uses would consist of retail businesses and take-out restaurant with no more than ten?seats. Security lighting would be provided on site and parapet walls would screen all associated mechanical equipmeht. The hours of operation, employee ihformation and tenant mix are unknown at this time.:: Page 3' Staff Report othe Planning Commission August 11,:2003 Item No. 8 i :ENVIRONMENTAL IMPACTANALYSIS• : (13) Staff has reviewed the proposal and the Initial Study (a copy of which is available for review in the Planning Department) and finds no significant environmental impact and; therefore;, recommends that a Negative Declaration be approved upon a finding by the Planning Commission that the Negative Declaration reflects the independent+judgment of the lead agency; and thatit has considered the proposed Negative Declaration together with any comments received during: the public review process and further finding on the basis of the Initial Study and any comments received that there is no substantial evidence that the project will have significant effectors the environment. GROWTH MANAGEMENT ELEMENT ANALYSIS: (14) The proposed project has tieen reviewed by affected Ciry departments to determine whether it conforms with the City's Growth Management Element adopted by,the City Council on March 17, 1992. Based on City staff review of the proposed project,: it has been determined that this project does not fit: within the scope necessary to require a Growth Management Element analysis; therefore, no analysis has been performed. EVALUATION: (15) Commercial retail centers (three or more tenant spaces) are permitted in the CL Zone sutiject to the approval of a Conditional Use Permit per,Code Section 18.44:050.135. (16) Staff believes the size of the site is such that it is inadequate to allow the full development'of the project in a manner not detrimental to the particular area. There rs no opportunity for the petitioner to incorporate aloading/unloading area to the rear of the center for delivery vehicles into the tlesign of the commercial center'. All delivery vehicles would utilize the proposed customer parkingarea and would interfere with oh-site vehicular parking and circulation. Although no waivers are necessary for this development,ataffsrecerst experience with this type of site design (King's Market, for example) indicates that a loading area for product delivery is a necessary elementfor any commercial center, regardless of the size. Staff conducted a brief survey of producttlelivery at various locations throughout thee: Ciry that had no specified loading area. Staff observed delivery vehicles parked'and/or products placed within customer vehicle parking and accessways at`seven commercial centers between 9:30 a.m. and 10:30 a.m. on July 31, 2003. An example, as depicted in the photograph above, shows customer parking spaces were blocked, access onto the sitewas partially blocked,'and a customer was prevented from leaving the center by a truck parkedin a driveaisle. The propertyin the photograph is;located at he intersection of La Palma Avenue (primaryrarterial) and Baxter Street (local). When he Code was amended in 1988 to require a conditional use permit for retail centers; it was based upon concems that smaller: properties with multiple tenant spaces'could be impacted by loading/unloading,'parking and circulation issues: Because. of these concems, staff recommends denial of the;proposed 3-unit commercial center. (17) As indicated in the attached memorandum from the Redevelopment Agency, this site is located in the West Anaheim Commercial Corridors RedevelopmenfArea (WACCRPA) and is within the Brookhurst Commercial Corridor (BCC) Overlay Zone. The primary purpose of this Overlay Zone is to provide a mechanism fo[ the orderly; development of property within the Brookhurst Sub-Area of the WACCRPA so as to assisE in the elimination of tilight and ' blighting influences. The establishment of this small "strip center" is' inconsistent with these long-term goals and objectives of the WACCRPA. Undersized commercial properties, as well as small commercial center's tend to contribute to blight and blighting'influences`due to heir inability to establish along-term critical mass customer tiase neetled to sustain them. Page 4 Staff Report to the Planning' Commission August 11, 2003 Item No 8 Because of the location of this property at the intersection of two major arterials (that serve regional access demands), staff believes that a small"strip" retail center aY his location would ' be detrimental -over the long term - to surrounding properties in his area t ~ ~ ~ ~~~ ~~ ~~v ~~~ ~~z .r`.~a-' ..ri ~"-*~` ~x r s.'s'?" x a q ~ rar'sc r ,.~„ .~tts.~°`~4"c ~~e~S3~ r~.e4° S'".,'s~"`vy~'-z'~~'r~r-s~`•.,~.: r__ r ~° a '~ ~ ~«, ~ ..; ~' . ~ ~~ , 1 ~~', ~° w.;:,,, ~~ ~ ,~.-~f ~' r, s, ry ~' ~~, .~s `. Staff observafion at local "strip center" (1501 East La Palma Avenue) FINDINGS: (18) 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 developmehtof the area in which'iFis proposed to be located; (c) Thatthe size and shape of the site for the proposed use is adequate to allow the full development of the proposed use in a mannernot detrimental to the particular area nor to the peace, health, safety, and general welfare; (d) That the traffiq'generated; by the proposed use`will not impose an undue burden upon the streets and; highways'designed end improved to carry he traffic in the area; and (e) Thaf the granting of the cdnditional use permitunder the conditions imposed, if any, will not be detrimental tothe peace;: health, safety and general welfare of the citizens of the City of Anaheim. Page 5 Staff Report to the Planning Commission August 11,'2003 Item No. 8 RECOMMENDATION:< (19) Staff recommends that, unless additional or contrary information is received,during the meeting, and based upon the evidence submitted to the Commission:; including. the evidence presented in thisstaff report, and oral'-and written evidence::presentetl at the public hearing, the Commission,take the following actions: (a) By motion, aoorove the'CEQA Negative Declaration (b) By resolution; deny Conditional Use Permit No. 2003-04736 (to construct athree-unit commercial retail center), based on the following: (i); Thabalthough commercial retail centers are listed as conditionally permitted uses within the CL Zone, the size and shape of this site for the commercial retail center is inadequate to allow the full'developmant of the project in`a manner not detrimental to the particular area. The size of he site is `such thaftfiere is no' opportunity foc the petitioner to incorporate aloading/unloading area for delivery vehicles into the design of the commercial center. All delivery vehicles would?: utilize proposed customer parking area that would interfere with vehicular parking and'circulation both on and off site. THE FOLLOWING: CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS 'ACTING AS AN dNTERDEPARTMENTAL'COMMITTEE ANDrARE RECOMMENDED FOR ADOPTION BY THE < PLANNING COMMISSION`IN THE EVENT THAT4THIS`PERMIT IS APPROVED.`- : 1. That no convenience markets andlor retail sales of alcoholic beverages shall be permitted unless a separate conditional use'permit isapprovedpy the Planning Commission. ? 2. That no video,'electronic or other amusemenfdevices sfiall be permitted on the premises. 3. That all public'phones sftall be located inside the building. 4. That all trash generated from this commercial retail center shall be properly contained in trash bins located within approved trash enclosures. The number of bins shall be adequate and the trash pick- up shall be asfrequent as necessary to ensure the sanitary handling and timely removal of refuse from the property. The: Code Enforcement Division of the Planning. Department shall determine the need for additional bins or additional pick-up. All costs for increasing the number of bins or frequency of pick-up shall be paid by the business owner. 5. Thatany tree or other landscaping planted on-site shall be replaced in a timely manner in the event thatt is removed, damaged, diseased and/or dead. 6. That no roof-mounted balloons or other inflatable devices shall be permitted on the property. 7. That no outdoor vending'machines shall be permitted on'the property. S. That4-foot-high street address numbers shal(be displayed on the roof of the building in a color that contrasts witfi'the roof material. Tfte numbers'shall not tie visible from the streets or adjacent properties. Said information shall be specifically shown on plans submitted for building' permits. i 9. That there shall be no outdoor storage permitted on the premises. Page 6 Staff Report to the Planning, Commission <August 1~', 2003 `jtem Noi 8 10. That roof-mounted equipment shall be screened from view in accordancewith the requirements of :Anaheim Municipal Code Section 18.44.030.120 pertaining to the CL (Commercial; Limited) Zone. Said information shall be specifically shown on plans submitted for building permits. 11. 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) hours from time of occurrence. 12. That the number of tenant spaces for thiscommercial retail center shall be limited to three (3): Said ' jnfarmatien shall be specifically hown on plans submitted foc building permits. 13. That the design, size: and placement of the signage for subjecf facility shall be limited to that which is 'shown on the exhibits submitted by the petitioner and approved by the Planning Commission... Further, no signs sftall be permitted on the north, south or west building elevations; except that each corner tenant shall be permittetl one (1) additional wall sign in'conformahce with code requirements. Any additional signage shall be subject to review antl approval by the Zoning Division. Any decision by staffmay be appealed to the Planning. Commission as a "Reports and Recommendations"item. 14. That final sign plans for the monument sign shall besubmittedlo the Zoning Division for review and approval..Said plans shall incorporate the utilization of stone treatment identical to the treatment utilized on the commercial building, an 1 t3=inch high base including 9-inch high address letters;: and a decorative cornice treatment along the full length of the monument sign. The final sign plans shall reflect the7elocationof the monument sign outside the sight-distance triangle at the: intersection of Brookhurst Street and Lincoln Avenue. Any decision made by'staff regarding said sign plans may be 'appealed to the Planning Commission as a "Reports and Recommendation" item. 15. That final andscapejplans shall be submitted to the Zoning Division of the Planning Departmeht for review and approval'including the following: m Plans shall indicate clinging vines',planted oh the trellis on the north and south building: elevations'of the proposed building and ah'additional Queen Palm (minimum 8 footBTH) planted In the landscaped finger adjacent to the driveway on Brookhurst Street. Plans shall reflect a minimum of 6 trees adjacent to Lincoln Avenue and fi trees adjacent to Brookhurst Street. Alf trees shallbe minimum 24-inch box in size. m All on site landscaping] including rees, shall be consistent with the Brookhurst Street r Corridor Design Study and the Lincoln Avenue Corridor Master Pian. 'Any decision made by staff regarding said final landscape plans may be appealed to the Planning i Commission as a "Reports and Recommendations" item. 16. That all backflow equipment shall be located aboveground and outside of the street setback area in a `manner fully screened from all,'public streets. Any backflow assemblies'currentlylnstalled in'a vault shall be brought up o currenfstandards. Any otherlarge water system equipment hall be installed to the satisfaction ofahe Water Engineering Divislonlin eitheCUhderground vaults or outside of the street setback area in a manner fully screened fromall public streets and alleys. Said information shall be specifically hown orcplans andfapproved by Water Engineering'and CrossiConnectfon Control Inspector. 17 That since this project has a landscapingarea exceeding 2,500 square feet, a separate irrigation meter snail be installed in compliance with Chapter 10.19 of Anaheim Municipal Code No, 5349 regardingiwater conservation. ;Said information shall be specifically shown on plans submitted for building permits. Page 7 Staff Report to the Planning Commission August 11, 2003 Item No. 8 18. That all existing water services and fire lines shall conform to current Water Service Standards Specifications. `Any wale[ service of fire line that does not meet current standards shall+be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. rThe owner/developer shall be'responsitile for the costs to upgrade or to'abandon any waterservice or fire line.. _ 19, Thaftrash storage areas shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division and in accordance with approved plans on file< with'said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas sftall be protected from'graffiti opportunities,by the use of plant materials such as minimum one-gallon size: clinging vtnesplanted onmaximum three-foot centers or tall shrubbery. Said information shall be specifically shown on the'plans submitted forbuilding permits. 20. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted fo the Public Works Department, Streets and Sanitation Division for review and'approval. 21. Thai an on-site trash truck tum-around area shall be provided per Engineering Standard.Detail No: 610and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said tum-around area shall be specifically shown on plans submitted for building permits: 22. Thakplans shall be submitted to the City Traffic and Transportation Manager for his review and approval in cohformance'with the current version of Engineering Standard Plan Nos. 436 and 4601/602 pertaining to parking standards and driveway location, Subject property shall thereupon 6e developed and maintained in conformance with said plans. 23. Thafno requiretl parking area should be fenced in or otherwise enclosed for outdoor storage uses 24. Thatall driveways shall be constructed to accbmmodate ten (10) foot radius curb returns in conformance with Engineering Standard No. 137. Said information shall be specifically shown on plans submitted far building permits, 25. That he legal owner of subject property shall provide the City of Anaheim a public utilities easement along/across primary cable underground and around the pad-mounted transformers. 26. Thaiany required relocation of Clty electrical facilities will' be at the property owner's expense. Landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall be outside the easement area of the equipment. r Said information shall be specifically shown on plans submitted for building permits. 27. Thaf the legal property owner shall submit an application for a Subdivision Map Act Certificate of ' Compliance to the Public Works Department,'.Development Services Division. A Certificate of Compliance or Conditional Cert~cate of Compliance shall be approved by the'City Engineer and recorded in the Office of the Orange:. County Recorder prior to issuance of a building permit. 28. That prior to approval of the grading plan, the developer shall submit a Water Quality Management, Plan (WOMP)!specifically identifying he best management practices that will a used ornsite to control predictable pollutants from storm water runoff. Tfte WOMP hall be submitted to the Publio- Works Department, Development Services Division for review and'approval, 29. Thatthe stormdrains and sanitary sewers for this development shall be privately maintained. 30. That the property owner shall submit a letter requesting terminationof Conditional Use Permit No. 2539 (to permit: acoin-operated car wash in arcexisting'service station) to tRe Zoning Division. Page 8 Staff Report to the Planning,Commission August 11`, 2003 Item No 8 31. The final elevation plans shall tie submitted to the Zoning Division and Community Development `Department for review and approval. Said plans shall incorporate the ledge stone treatmenfalong the north;'east and south building elevations. Any decision by City staff may be appealed to tfie Planning Commission as a Reports and Recommendation item. - 32. That the subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning: Department marked Exhibit Nos: 1, 2, 3, 4 and 5, and as conditioned herein. 33. That prior to issuance of a building permiffor the first tenant space, or within a period of one. (1) year from the date of this resolution,'whichever occurs first, Condition Nos: 8;.10, 12, 13; 14, ] 5, 16; 17, '18, 19, 20;21, 22, 24 25, 26;27, 28, 30,and 31 above-mentioned, shallbe complied with. Extensions for further time to complete saitl conditions may be granted in accordance with Section :.18.03.090 bf the Anaheim Municipal Codei 34. That prior to final building and zoning inspections, Condition No. 32, above-mentioned, shall be $omplied with. 35. 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 anybtfier applicable City, State and Federal .`.regulations. Approval does nofinclude any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation oFrequirement. Page 9 " 03-06-03 OB:OT From-CITY of ANAHEIM-COlA~1 DEV 7147654845 7-978 P.31/O1 F-065 ATTACHMENT - ITEM N0. 8 nREAAORANDUAA Community Development Department City ofAnaheim June 4, 2003 70: FROflA: SUBJECT: John Ramirez, Planning Department ~~Eduardo Hernandez, Project Manager CUP NO. 2003-0$736 -101 SOUTH BROOi(HUR5T STREET The following provides background information in preparation for the Planning Commission's consideration of Conditional Use Permlt (CUP) No. 2003- 04736, to permit a 3-unit commercial building at 101 S. Brookhurst Street. The subject property is {ocated in the West Anaheim Commercial Corridor Redevelopment Project and within the Brookhurst overlay Zone_ The property is zoned CL with a General Plan designation of General Commercial. This small commercial strip center is not consistent with the long-term goals and objectives of the West Anaheim Commercial Corridor Redevelopment Pion and the West Anaheim Vision Plan. These plans identify this site as being ideal for regional commercial uses because of visibility and accessibility along two major corridors. In addition, access to the site for deliveries is problematic because of its small size. Therefore, the Community Development Department's recommendation is to not support approval of the CUP. Staff believes the site would pe more adequately utilized by working with property owners in the area to consolidate property ownership to provide for commercial uses in :line with the goals of the West Anaheim Vision Plan and the Redevelopment Plan. If you have any questions regarding this matter, please do not hesitate to contact me at Extension 4335. P ~DO(5mhvavC3~m8M0.5.E~ea:+uzn DOC