PC 2003/09/08CITY OF ANAHEIM
PLANNING COMMISSION AGENDA
SEPTEMBER 8, 2003
Council Chambers, City Hall
200 South Anaheim Boulevard, Anaheim, California
CHAIRPERSON: JAMES VANDERBILT
COMMISSIONERSb GAIL EASTMAN, PAUL BOSTWICK; DAVID ROMERO,
JERRY,O'CONNELL, CFvCILIA'FLORES,.(ONE VACANT SEAT)
CALL TO ORDER -~
PLANNING-COMMISSION MORNING SESSION :10:30 A.M.
• PRESENTATION BY THE ORANGE COUNTY WATER DISTRICT ON THE.
GROUNDWATER-REPLENISHMENT SYSTEM
• STAFF UPDATE"TO COMMISSION ON VARIOUS CITY _
DEVELOPMENTS AND ISSUES (AS REQUESTED BY -
PLANNING COMMISSION) .~_, _ _ - ._ ,
• YKtLIMIIVHK
rr
RECESS TO AFTERNOON PU
RECONVENE TO PUBLIC HEM
For record keeping purposes,
complete a speaker card and
PLEDGE OF ALLEGIANCE" :'
PUBLIC COMMENTS
CONSENT CALENDAR
PUBLIC HEARING ITEMS
ADJOURNMENT
i"
IC HEARING SESSION
AGENDA
09-OB-03
Page 1
RECONVENE TO PUBLIC HE,~RING 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 ALTERNATES FOR THE FOLLOWING
• ANAHEIM TRANSPORTATION NETWORK BOARD OF DIRECTORS
(Current Representative: Commissioner Bostwick)
• PARKS AND RECREATION COMMISSION
(Current Representative: Vacant)
• COMMUNITY DEVELOPMENT ADVISORY BOARD (CRAB) 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)
09-08-03
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 (PREVIOUSLY-APPROVED)
(b) VARIANCE NO.2853
(TRACKING NO. VAR2003-04573)
Phil Bennet, Phillip Bennet Architect, 12381 Baja Paronama, Santa
Ana, CA 92705, request for substantial conformance to modify a
previously approved exhibit to construct two single family dwellings.
Property is located at 809 and 813 South Western Avenue.
B. (a) CONDITIONAL USE PERMIT NO. 1943
(TRACKING NO. CUP2003-04753)
June Noordman, 900 South Knott Avenue, Anaheim, CA 92804,
requests termination of Conditional Use Permit No. 1943 (to permit a
pre-school). Property is located at 900 South Knott Avenue.
TERMINATION RESOLUTION NO.
C. (a) CONDITIONAL USE PERMIT NO. 3745
(TRACKING NO. CUP2003-04747)
Servile Fathers, Attn: Fr. Gerald M. Horan, President, 1952 West La
Palma Avenue, Anaheim, CA 92801-3595, requests termination of
Conditional Use Permit No. 3745 (to permit temporary modular
classrooms for a private educational facility). Property is'located at
1952 West La Palma Avenue (Servile High School).
TERMINATION RESOLUTION
D. Receiving and approving the Minutes from the Planning Commission
Meeting of July 28, 2003. (Motion)
Receiving and approving the Minutes from the Planning Commission
Meeting of August 11, 2003. (Motion)
Project Planner:
(cwaoner(a anaheim.net)
sr1125cw:doc
O.S. 8
Project Planner:
(evambao a~anaheim.net)
sr3039ey.doc
O. S. 6
Project Planner:
(ioramirez e(")anaheim;net)
sr5033jr.doc
O. S. 45
09-08-03
Page 3
PUBLIC HEARING ITEMS:
2a. CEQA NEGATIVE DECLARATION
2b. CONDITIONAL USE PERMIT N0. 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.
Project Planner:
Request to construct a 3-unit commercial retail center. (ioramtrez(a anaheim.net)
Continued from the August 11, 2003, Planning Commission Meeting.
sr5034jr.doc
CONDITIONAL USE PERMIT RESOLUTION NO. Q.S. 33
3a. CEQA NEGATIVE DECLARATION
3b. WAIVER OF CODE REQUIREMENT
3c. CONDITIONAL USE PERMIT NO. 2003.04719 tREADVERTISED-
OWNER: Edward J. Brumleu Jr., 18612 Mariposa Drive, Villa Park,
CA 92861
AGENT: Jerry King, 1280 North Sunshine Way, Anaheim, CA 92806
LOCATION: 1280 North Sunshine Wav. Property is approximately
0.46-acre, having a frontage of 65 feet on the northerly side
of Sunshine Way, located at the easterly terminus of
Sunshine Way.
To permit and retain an automobile parts installation facility with waiver of:
(a) required enclosure of outdoor uses and (b) minimum number of
parking spaces. Project Planner:
liaramirez onanaheim:net)
Continued from the July 14, and August 25, 2003, Planning Commission
meeting.
sr5020jr.doc
CONDITIONAL USE PERMIT RESOLUTION NO. Q.S. 121
09-08-03
Page 4
4a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED)
4b. CONDITIONAL USE PERMIT NO. 3921
(TRACKING NO. CUP2003-04723)
OWNER: F.J. Hanshaw Enterprises, Inc„ 10921 Westminster
Avenue, Garden Grove, CA 92843
AGENT: Desapriya Jinadasa, 1112 North Brookhurst Street #1,
Anaheim, CA 92801
LOCATION: 1112 North Brookhurst Street. Suite 1. Property is
approximately 0.91-.acre, located north and east of the
northeast corner of Brookhurst Street and La Palma
Avenue (Cheers Market).
Request reinstatement of this permit by the modification or deletion of a
condition of approval pertaining to a time limitation (approved on May 8,
2000 to expire November 28, 2002) to retain the retail sales of alcoholic Project Planner:
beverages for off-premises consumption within apreviously-approved (avazauez(a~anaheim.net)
convenience market.
Continued from the July 28, 2003, Planning Commission meeting. sr862liav.doc
O.S. 37
CONDITIONAL USE PERMIT RESOLUTION NO.
5a. CEQA CATEGORICAL EXEMPTION -CLASS 11
Sb. CONDITIONAL USE PERMIT NO. 4045
(TRACKING NO. CUP2003-04749)
OWNER: Home Depot USA, 601 South Placentia Avenue, Fullerton,
CA 92831
AGENT: Marlene Brown, 3916 East Miraloma Avenue, Suites B & C,
Anaheim, CA 92806
LOCATION: 800 North Brookhurst Street. Property is approximately
9.45 acres, located at the northeast corner of Gramercy
Avenue and Brookhurst Street (Home Depot).
Request reinstatement of this permit by the modification or deletion of a Project Planner:
condition of approval pertaining to a time limitation (approved on August (iaramirezananaheim.net)
3, 1998 to expire August 3, 2003) to retain an outdoor portable food
service use (hot dog cart) in conjunction with a permitted retail store.
sr5035jr.doc
CONDITIONAL USE PERMIT RESOLUTION NO. O.S. 38
09-OS-03
Page 5
6a. CEQA CATEGORICAL EXEMPTION -CLASS 1
6b. CONDITIONAL USE PERMIT NO. 2002-04591
(TRACKING NO. CUP2003-04748)
OWNER: John Redman, Executive Director, Conservative Baptist
Association of Southern California, 150 West Vermont
Avenue, Anaheim, CA 92805
LOCATION: 150 West Vermont Avenue. Property is approximately
1.15 acres, located at the southeast corner of Vermont
Avenue and Lemon Street (Conservative Baptist
Association of Southern California).
Request reinstatement of this permit by the modification or deletion of a
condition of approval pertaining to a time limitation (approved on
September 9, 2002, to expire September 9, 2003) to retain a church in
conjunction with a permitted training facility.
CONDITIONAL USE PERMIT RESOLUTION NO.
7a.
7b.
OWNER: Paul Nikolau, 3392 Gilbert Drive, Huntington Beach, CA
92649
AGENT: Tony Garcia, Xalos Restaurant and Bar, 1160 North
Kraemer Boulevard, Anaheim, CA 92806
LOCATION: 1160 North Kraemer Boulevard. Property is
approximately 0.9-acre, having a frontage of 175 feet on
the east side of Kraemer Boulevard, located 242 feet south
of the centerline of Coronado Street (Xalos Restaurant).
Request reinstatement of this permit by the modification or deletion of a
condition of approval pertaining to a time limitation (approved on July 29,
2002 to expire August 27, 2003) and to amend or delete conditions of
approval for a restaurant with sales of alcoholic beverages for on-
premises consumption and public entertainment.
CONDITIONAL USE PERMIT RESOLUTION NO.
Project Planner:
(ioramirez(o~anaheim. net)
sr5036jr.doc
Q.S. 65
Project Planner:
(cwa gne r(a7anah eim.net)
sr1126cw.doc
Q.S. 140
09-OB-03
Page 6
8a. CEQA CATEGORICAL EXEMPTION -CLASS 14
8b. CONDITIONAL USE PERMIT NO. 3832
(TRACKING NO. CUP2003.04745)
OWNER: Kenneth W. Holt, 1557 West Mable Street, Anaheim, CA
92802
AGENT: David R. Jackson, Fairmont Private Schools, 1575 West
Mable Street, Anaheim, CA 92802
LOCATION: 1557 West Mable Street. Property is approximately 2.15
acres, having a frontage of approximately 442 feet on the
north side of Mable Street, located 420 feet east of the
centerline of Loara Street (Fairmont Private School).
Project Planner:
Request to amend a condition of approval pertaining to a previously- (cwaoner(a~anaheim.net)
approved modular classroom building in conjunction with an existing
private school.
sr1124cw.doc
CONDITIONAL USE PERMIT RESOLUTION NO. Q.S. 54
9a. CEQA NEGATIVE DECLARATION
9b. WAIVER OF CODE REQUIREMENT
9c. CONDITIONAL USE PERMIT N0.2003-04746
OWNER: Steven Dunbar, 20429 East Yorba Linda Boulevard, Yorba
Linda, CA 92886
AGENT: Gregory Roseen, 23 Dawnwood, Ladera Ranch, CA 92694
LOCATION: 5055 East Short Street. Properly is approximately 0.46-
acre, located at the northwest comer of Kellogg Drive and
Short Street.
Request to construct a veterinary hospital and animal boarding facility
with waivers of: (a) maximum fence height., (b) signs permitted in
residential zones, (c) maximum structural height, and (d) minimum front project Planner:
yard setback and (e) minimum side yard setback. (ioramirez(a)anaheim.net)
'Waiver (c) has been deleted.
sr5039)cdoc
CONDITIONAL USE PERMIT RESOLUTION NO. Q.S. 170
09-OB-03
Page 7
10a. CEQA NEGATIVE DECLARATION
10b. WAIVER OF CODE REQUIREMENT
10c. CONDITIONAL USE PERMIT NO. 2003-04744
OWNER: First Congregational Church of Anaheim, 515 North State
College Boulevard, Anaheim, CA 92806
AGENT: Adan Madrid, Trillium Telecommunications, 3010 Old
Ranch Parkway, Suite 210, Seal Beach, CA 90740
LOCATION: 515 North State College Boulevard. Property is
approximately 5.6 acres, located at the northwest corner of
Sycamore Street and State College Boulevard (First
Congregational Church of Anaheim).
Request to permit a telecommunications antenna with accessory ground-
mounted equipment with waivers of: (a) minimum front yard setback and
(b) minimum side yard setback.
CONDITIONAL USE PERMIT RESOLUTION NO.
11 a. CEQA NEGATIVE DECLARATION
11 b. WAIVER OF CODE REQUIREMENT
11 c. CONDITIONAL USE PERMIT N0.2003-04743
OWNER: AOC Building, 1808 West Lincoln Avenue, Anaheim, CA
92801
AGENT: Andy Park, Andy Park Architect and Associates, 9012
Garden Grove Boulevard, Suite 12, Garden Grove, CA
92844
LOCATION: 18D8 West Lincoln Avenue. Property is approximately
0.53-acre, having a frontage of 98 feet on the south side of
Lincoln Avenue, located 690 feet east of the centerline of
Broadview Street.
Request to permit a private religious educational institution within an
existing three-story office building with waivers of: (a) required setback for
institutional uses adjacent to residential zones, and (b) minimum number
of parking spaces.
CONDITIONAL USE PERMIT RESOLUTION NO.
Request for
continuance to
October 6, 2003
Project Planner:
(vnonvoodr~anaheim: net)
sr8639vn.doc
Q.S. 102
Project Planner:
(v n o rw o o d@ a n a h e i m. n e t)
sr8637vn.doc
Q.S. 47
09-OB-p3
Page 8
12a. CEQA NEGATIVE DECLARATION
12b. WAIVER OF CODE REQUIREMENT
12c. CONDITIONAL USE PERMIT NO. 2003-04742
OWNER: Richter Farms Trust, 5505 Garden Grove Boulevard,
Westminster, CA 92683
AGENT: John Tarlos, Tarlos and Associates, 17802 North Mitchell,
Irvine, CA 92867
LOCATION: 1092 North State College Boulevard. Property is
approximately 6.9 acres, located north and east of the
northeast corner of State College Boulevard and La Palma
Avenue.
Project Planner:
Request to construct adrive-through restaurant with waiver of minimum (evambao(c~anaheim.net)
number of parking spaces.
CONDITIONAL USE PERMIT RESOLUTION NO. sr3038ey.doc
Q.S. 111
13a. CEQA CATEGORICAL EXEMPTION -CLASS 3 Request for
13b. VARIANCE NO. 2003.04574 continuance to
October 6, 2003
OWNER: Neelam Shewa, 5333 University Drive, Irvine, CA 92616
AGENT: Blash Momeny, 23120 Alicia .Parkway, #100, Mission Viejo,
CA 92692
LOCATION: 301 and 345 Pennv Lane. Parcel 1: Property is
approximately 0.53-acre, having a frontage of 90 feet on
the southerly side of Penny Lane, located 70 feet southeast
of the centerline of Mohler Drive. Parcel 2: Property is
approximately 0.78-acre, having a frontage of 220 feet on
the southerly side of Penny Lane, located 160 feet
southeast of the centerline of Mohler Drive.
Request waivers of: (a) maximum structural height, (b) minimum front Project Planner:
yard setback, and (c) minimum side yard setback, to construct two single (ioramirezl~anaheim.net)
family homes.
VARIANCE RESOLUTION NO. sr5037jcdoc
Q:S. 202
09-08-03
Page 9
ADJOURN TO MOPdDAY, SEPTEMBER 22, 2003 AT 11:00 A.M
FOR PRELIMINARY PLAN REVIEW.
CERTIFICATIOM OF POSTING
I hereby certify that a complete copy of this agenda was posted at:
(TIME) (DATE)
LOCATION: COUNCIL CHAMBER DISPLAY CASE ANp
COUNCIL DISPLAY KIOSK
SIGNED: ~d--~'~'`` ~ ^--~-'.~'-'^''
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.
09-08-03
Page 10
SCFi~®ULE
2003
SEPTEMBER 22
OCTOBER6
OCTOBER 20
NOVEMBER3
NOVEMBER 17
DECEMBER1
DECEMBER 15
DECEMBER 29
09-08-03
Page 11
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TRACKING NO. VAR2003-04573 Date: September 8, 2003
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Requested By: PHIL KENNET Q.S. No. 6
REQUEST FOR DETERMINATION OF SUBSTANTIAL CONFORMANCE TO MODIFY
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Conditional Use Permit 1943 Subject Property
TRAGKING NO. CUP2003-04753 Date: September 8, 2003
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Requested 8y: JUNE NOORDMAN Q.S. No. 6
REQUEST FOR TERMINATION OF CONDITIONAL USE PERMIT NO. 1943
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Conditional Use Permit No. 3745 Subject Property
TRACKING NO. CUP2003-04747 Date: September B, 2003
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Requested By: SERVITE FATHERS Q.S. Na. 45
REQUEST TO TERMINATE CONDITIONAL USE PERMIT NO. 3745 (TO PERMIT TEMPORARY
MODULAR CLASSROOMS FOR A PRIVATE EDUCATIONAL FACILITY (SERVITE HIGH SCHOOL)).
1952 West La Palma Avenue - Servite High School
914
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May 14, 2003
City of Anaheim
Building Division
Civic Center
200 Sottth Anaheim Boulevard
Anaheim, CA 92503
To Whom it May Concern:.
We hereby request the termination of Conditional Use Permit No. 3745, which was placed
before the Anaheim City Planning Commission at their meeting on 6 March 1995 and was
granted at that meeting.
This permit was sought to allow placement of two temporary classroom buildings on our
campus, during our planning and construction period. The related construction, which
resulted in additional permanent classrooms was completed in August 1998 and the
temporary buildings were removed at that time. Since the purpose of the application no
longer relates to any existing circumstance, this permit is no longer necessary.
R~~~4V~~
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Conditional Use Permit No. 2003-04736
Requested By: CAL ASIA PROPERTY DEVELOPMENT COMPANY
REQUEST TO CONSTRUCT A 3-UNIT COMMERCIAL RETAIL CENTER.
Subject Property
Date: August 11, 2003
Scale: 1" = 200'
Q.S. No. 33
101 South Brookhurst Street
865
Staff Report to the
Planning Commission
September 8, 2003
Item No. 7'
2a. CEQA NEGATIVEbECLARATION (Motion)
2b. CONDITIONAL' USE PERMIT N0. 2003-04736 (Resolution)`
SITE LOCATION AND DESCRIPTION:
(1) This rectangularly-shaped, 0.4-acre property is located'at the southwest comer of Lincoln
Avenue and Brookhurst Street; having frontages of`120 feet on the south sitle of Lincoln
Avenue and 150 feet on the west ide of Brookhurst Street (101 South Brookhurst Street).
REQUEST:
(2) The petitioner requests approval of a conditional use permit under authoritybf Code Section
No. 18.44:050.135 to construct's three-unit commercial retail center.
BACKGROUND:
(3) Af the request of the Planning Commission, this item was continued from the August
8,:2003, meeting in order to allow the petitioner and staff to'address concernsrelating
to`site design and on'site delivery vehicles related o the proposed commercial'
center.
(4) This properly is currently vacant and was previously occupied by,a gasoline service station
'and is zoned CL (BCC) (Commercial, Limited -Brookhurst Commercial Corridor Overlay).
This property is within the WestiAnaheim Commercial Corridor Redevelopment Project Area
and the Anaheim General Plan Land Use Element Map designates this property for General
Commercialiland uses: All surrounding properties are designated for General Commercial
lahd uses. '
PREVIOUS ZONING ACTIONS:
(5) The following action pertains to this property:
Conditional Use Permit No. 2539 (to permit a coin=operated aar wash in an existing
service'station)wss approved by the Planning Commission'on February 22, 1984. This
permit should be terminated since theservice station no longer exists`on the property.
DEVELOPMENTPROPOSALi
(6) The petitioner proposes to construct a new 4,367 (previously 4,440 square feet) square
foot commercial retail'center. The site plan (Revision'1 of Exhibit No. 1) indicates that the
new commercial retail center would consisfof onebuilding with three tenant spaces.
Sr5034jr
.::Page 1
Staff Report to the
Plashing Commission
September 8{ 2003
Item No. 2
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Proposed location of new 3-unit commercial center::
(7)! The site plan indicates that the proposed building would be developed with the following ;
setbacks:
- Direction > Proposed'Building & sCode- Code=Required =''
Landscape Setbacks; Required Landscaped
Building Setback
:Setback
North (adjacent to 35 feet to building 35' feet 10 feet
Lincoln Avenue 10 feet landsca ed
West 10 inches to building None required None, required
0 feet landsca' ed
South 8 feet, g inches to building None required r None equired
0 feet landsca ed
East: (adjacent to 78 feet to building 10 feet 10 feet
Brookhurst Street 10 feet landsca ed
(8) The floor plan (Exhibit No. 2) indicates that the proposed retail building would consist of one
2000 square-foot tenanCspace, one;1;184-square foot tenant space, and one T,183 square
foot tenant space (a total of three tenant spaces). The plan indicates main entrances to'all
suiteson the east elevation (facing: Brookhu~sf Street). The plan further indicates restrooms
in the tear of each tenantspace.
(9) The site would be accessed by two driveways, one on Lincoln Avenue and one bn
Brookhurst Street. Theplah indicatesa totatof 24 parking pacesproposed for the new
center. Code Yequires a minimum of 24 spaces for this center basetl on theYatio of 5.5
parking spaces`per 1,000 square feet of gross floor area of general retail space (5.5 x
4,367/1000 = 24 . The plan also indicates a tlouble trash enclosure along the south side of
the building facing the Lintirook Bowl parking lot:
Page 2
Staff Report to the
Planning: Commission
September 8, 2003''
Item Noy 2
(10} Elevation drawings and perspective renderings for the center (Exhibit Nos:: 3 and 4) ihdicate
a one-story, 18-foot. high commercial building with a20-foot high raised parapet treatment at
the centerof the building above. the middle enant space. Builtling materials consist of a
scored stucco finish'(with adual`-colored treatment - "Nutmeat" and "Grape Reflection"),
accent wood trellises on the north and south elevations, cast aluminum white parking lot
.;.lighting, and a 20-inch high ledge stone treatment onahe north and east elevations. `A
decorative cornice treatment is proposed'along the north, south, and eastielevations_ The
storefront includes clear glass anodized aluminum windows ahd entrywaydoors, as well as
?associated ignage.
(11) Elevation drawings and perspective renderings (Exhibit Nos. 3 and 4) reflect the general
location and size ofproposed wall signs forthe commercial center. Thepetitioner has
ihdicated that specific tenants have not been identified and any specificsignage would comply:.
with all provisions imthe Code.' Plans also indicate a 5-foot high; 7%foof wide monument
sign (27 square feet of advertising on each side) located at the norlheastcorner of the
propertyafthe intersection of Lincoln Avenue and Brookhurst Street. Themonument sign
v/ould be constructed with a 16-inch split-faced masonry block base, small. pilaster treatments
at each ehd with a cornice finish: The sign's color and stucco. finish wouidbe consistent with '
ahe commercial retaii!building.;Gode allows wall signs for advertising, provided the total area
of any such sign shall not exceetl ten percent (10%) of the area;of the face of the building to
wwhich such ign is attached. Cdtle further,requires that a) all monument signs shall hot
exceed the lesser ofsixty-five,{65) square feet or 0.5 square foot for each linear foot: of street
or highwayfrontageof the parcel of real property on`which said, sign is located; b) be located i
within a landscaped planter, the area of which is atleast one-half the totafsign area of the sign'
located within the planter; c) signs include the numeric street address witfi' numbers fio less
than nine ihches in height; d) the exterior flhish, colorend materials of the sign shall
complement the colors andlormaterials of the building that the advertised business occupies,
and e) a solid base atieast eighteen (18),Gches in height.
(12) .The landscape plan (Revision 1 of Exhibit No. 5) indicates a 10-foot wide landscape'planter
along the north and'-east property lines adjacent to Lincoln Avenue and BrookhurstStreet,
planted with one Carratwood tree and nine White Crape Myrtle trees, as well as shrubs and
groundcover. The plan also indicates four landscaped fingers within the parking area, two of
which would be planted with one Queen Paim (8-footbrown trunk height (BTH)) ahd
associated'ground cover, and one to 6e planted with'one Carrotwood tree] The plan also
ihdicates a,1-foot wide planter along the`stdrefront(east building elevation) to be planted
+with Coral Bells. The landscape plan further indicates a treliiswith clinging vines (Carolina
'Jasmine)'along the both the north and south building elevations; A ten-foot wide landscape
;:planter area is proposed along ahe westerly propertyaine from Lincoln Avenue to the
proposed building. Th1s planter would include one Carrotwood tree and associated
groundcover. The petitioner has also included an 8-foot wide planter along the north
elevation of the proposed retail building, which would be planted with nine Wheeler's Dwarf
Pittosporum (5-gallon). Code requires one tree for every 20 lineal feet of street frontage, (6
gees on Lincoln Avenue and 8 rees on Brookhurst Street) and fast growing shrubbery or
clinging vines planted on 3-foot=centers for the trash`enclosurer Code further requires that
at least one (1) tree,per three thousand (3,000) square feet of parking area and/or vehicular
' accessways be distributed throughout the'parking area and an;average of forty-eight (48)
quare feet of planter. area provided per required tree, with a minimum planter dimension of
five (5) feet, and no more than ten (10) parking spaces shall be adjacent to each other in a
row without being separated by landscape area witfia minimum width of five (5) feet (9,140 '
square feet / 3000,square feet= 3 trees: with associated planterareas).
Page 3
Staff Report to the
Plarning Commission
September 8; 2003
Item No. 2
(13) The submitted letter of operation indicates the site would be constructed in one phase. The
letteralso indicates the proposed uses woultl oonsist of retail businesses and+a take-out
restaurant with no more than ten seats. Security lighting would be provided on site and
parapet walls would screen all associated mecfianical equipment. The hours of operation,
employee information, and tenant mix are unknown at this time.
ENVIRONMENTAL IMPACT ANALYSIS:
(14) Staff has reviewed the proposal and the Initial Study (a copy of which is available for review
in the Planningbepartment) 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 that it has considered the proposed Negative' Declaration together with any ;
comments received during the publicreview process and furthecfihding on the basis of the
Initial Study and any comments received thaftfiere is no substantial'evidence that the
project will have significant effect on the environment
GROWTH'MANAGEMENT ELEMENT ANALYSIS:
(15) The proposed project has been reviewed by affected City departments to determine whether
it conforms witfi the City's Growth Management Elementadopted by the Citq Council on
March 17, 1992: Based on City staff'review of the proposed project,?it has been determined
that this projectdoes not fit within the scope necessary tarequire a Growth Management.
Element analysis, therefore, no analysis has tieen performed.
EVALUATION:
(16) Commercial retail centers (three or more tenant spaces) are permitted in the CL (BCC) Zone
subject to the approval of a Conditional Use Permit per Code Section 18.44:050.135.
(17) Although the petitioner has modified'the site plan to address the Commission's concems
relating to trash'enclosure ocation and productdellvery, toff maintains that the size of the
site is such that it is inadequate to allow the full development of the'project in a mannerhot
detrimental to tfte particular area. There is no'dpportunity for thepetitioner to incorporate a
loading/unloading area for delivery vehicles into the design of the commerciatcenter that
would be utilized when the site is operational belivery vehicles would utilize tfte proposed
customer parking area and would ntertere with`on-site vehicular parking and'circulation:'
Although no waivers are hecessary,for this development; staffs recent experience with this
type'of site design (King's Market, for example) indicates that a loading area for product
delivery is a necessary element for`any commercial center, regardless of the'size. Staff'
contlucted abrief survey of productdelivery of various locations throughout the City 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 below,
shows customer parking'spaces were blocked,`access onto the site was partially blocked,
and a customer was prevented from leaving the center by a truck parked in a'drive aisle:-
The property inthe photograph is located at the intersection of La Palma Avenue (primary
arterial) and Baxter Street (local). ,When the Code was amended in 1988 to require a
conditional usepermit for retail centers, it was based upon concerns that smaller properties
with multiple tenant spaces could be impacted by loading/unloading, parking and circulation
issues. At the time, no minimum lot size requirement was indicated in the cotle for
commercial centers. As,part of the Zoning Code updatestaff is cdnsidering tfie addition of
a standard for minimum lot size for commercial retail centers to address the site design and
functionality issues associated with this type`of commercial development. The Planning;
Page 4
Staff Report to the
Planning Commission
September$~ 2003
Item No. 2
(b) .That the proposed use will notadverselyaffect the adjoining land uses afid the
growth and development of the area in'which it is proposed to be located;.
(c) That the size and shape of thee.. site for the proposed use is adequate to allow the full
i development of the. proposed use in a manner noYdetrimental to the particular area
s nor to the peace, health, safety, and general welfare;
{d) `Shat 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 inthe area; and
(e) 'That the granting of the conditidnal use permit under the conditions imposed, if any,
?.will not be detrimental to the peace, health, safety'and general welfare of the citizens
of the City of Anaheim.
RECOMMENDATION:
(21 } Staff recommends that, unless additional or contrary information is received during the
meeting, and based upon the evidence submitted to the Commission, including the evidence
presented in this'staff report, and oral`and written evidence presented at the public hearing,
the Commissiontake the following actions:
(a) By motion, approve the CEQA Negative Declaration
(b) By resolution„denv Conditional Use Permit No. 2003-04736 (to construct athree-unit
commercial retail center), based on the following:
(i) That although commerciaPretail 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 fud'development of the project in a manner not
detrimental to the particular area. The size of he site is such that there is no
opportunity for the petitioner to Incorporate a loadinglunloading area for delivery
vehicles into the design of the commercial center. All delivery vehicles would
utilize proposed`customeryarking area that would interfere with vehicular parking
and'circulation both on and off site.
THE FOLLOWINGCONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS
AN' INTERDEPARTMENTAL COMMITTEE AND' ARE RECOMMENDED FOR ADOPTIOIJ BY THE
PLANNING COMMISSION IN THE-EVENTTHAT T'HISPERMIT IS`APPROVED.'<
1. Thatho convenience markets and/or retail sales of alcoholic beverages shall be permitted unless a
separate conditional use permit is approved by the Planning Commission.
2. ThaYno video, electronic or other amusemenfdevices sfiall be permitted pn the premises.
3. That all publicphones shall 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 shale be adequate and the trash pick-
up shall be as frequent as necessary to ensure the sanitary handling and timely removal'af refuse`
from'the property. The Code Enforcement Division of the Planning Department shall determine tfie
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:
Page 6
:Staff Report to the
Planning Commissioh
September 8, 2003
i ltem No: 2
5. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event
that it is removed, tlamaged; diseased and/or dead. s
6. That no roof-mounted balloons or other inflatable devices shall tie permitted on the'property.
7. That no outdoor vending machines shall be permitted on the properly.
8. That 4-foot-high street address numbers shall be displayed on the roof of the building in a color that
contrasts with the roof material'The numbers shah not be visible from the streets or adjacent
properties: Said information shall be specifically shown on plans submitted for building permits.
9. That there shall be no outdoor storage permitted on the premises.
10. That roof-mounted equipment shall be screened from view in accordance with the requirements of
Anaheim Municipal Code Section 18:44:030.120 pertaining totlle CC(Commerciaf, 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;fashian by the provision of regular
landscaping maintenance, removal of trash or debris, and removal of graffiti within wenty four (24)
hours from: time of occurrence.
12. That the number of tenant spaces for this commercial retail center shall be limited to three (3}.;' Said
information shaft be specifically shown on plans submitted for building permits.
13. That the design, size and placement of the signage shall be limited to thatwhich is shown on the
exhibits submitted by he petitioner and approved by,the Planning Commission. Further, no signs
shall be permitted on he north, south or west building elevations; excepfthat each corner tenant shall
be permitted one (1 ),additional wall sign ih conformance with code requirements. Any additional
signage shall be subject to review and approval by the Zoning Division. Any decision by staff may be
appealed to the Planning Commission as'a "Reports'and Recommendations" item.
14. That final sign plans for the monument sign shall be submitted to the Zoning Division for review and
"approval Said plans shall incorporate the stone treatment identical to the treatmenfutilized on the
.'commercial building, an 16-inch high base including 9-inch high addressietters, antl'a decorative
cornice treatment along the fulllength of the monument sign. The final sign plans shall reflect the
relocation of the monument sign outside the sight-tlistance triangle at the intersection of Brookhurst
Street and'Lincoln Avenue. Any decision'made bystaff regarding said sign plans may be appealed to
the Planning Commission as a>"Reports and Recommendation":item.
15. That plan submitted for building permits shall reflect a decorative smooth pavementtreatment at the
driveway entrances on Brookhurst Streetand Lincoln Avenue. s
16. That final landscape.: plans shall be submitted to the Zoning Division of the Planning. Department for
review andapproval including the following:
® Plans shall indicate two'additionatQueen Palms (minimum 8 foofBTH) for a total of four
planted in tfte landscaped finger adjacent the north elevation of the commercial building
facing Lincoln Avenue:'..
m Plans shall reflect a minimum of ti trees adjacent to Lincoln Avenue and 8drees adjacent to
Brookhurst Street. All bees shall be minimum 24-inch box in size.
All bn site landscaping,' including trees, shall be consistent with the Brookhurst Street
Corridor Design Study and the Lincoln Avenue Corcitlor Maste[Plan.
'Page 7
Staff Report to the
Planning Commission
September 8 2003
Item No. 2
Any decision made by staff regarding said finaP landscape plans may be appealed to thePlanning
Commission as a "Reports and Recommendations" item:
17. That all backflow equipment shall be located above ground and outside of the street setback area in a
manner fully screened from all public streets. 'Any backflow assemblies currently installed in a vault
shallbe brought up to current standards, Anyether large water system equipment shall be installed
to the satisfaction of the Water Engineering Division in either underground vaults or outside of the S`
street setback area in a manner fully screened from all public streets and alleys. Said information
shatlbe specifically shown on plans'and approved by Water Engineering and Cross Connection
Coritrol Inspector.
18, That'since this .project has a landscaping area`exceeding 2,500 square feet, a"separate'irrigation
meter shall be installed incompliance with Chapter 10.19 of Anafteim Municipal Code No. 5349
regarding water conservation. Said: information shall be specifically'shown on' plans submitted for'
building permits.
19. Thafall existing water services and fire lines shall conform to current Water Service Standards
Specifications. rAny water service or fire line that does not meet current standards shall' be upgraded
if continued use is necessary or abandoned if he existing: service is no longer needed. >The
owner/developer shall be'responsible for the costs to upgrade or to'abandonany water service or fire
line.
20. 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 identiflabie from adjacent streets or highways. The walls of the storage areas shall be
protected from`graffiti opportunities'tiytne use'of plant materials such as minimum one-gallon size=
clinging vinesplanted ortmaxlmum three-foot centers or tall shrubbery. Said information shall be
specifically shown on the'plans submitted forbuilding permits.
21. That; a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted'to
the Public Works Department, Streets and Sanitation Division for review and approval.
22. Thafan on-site trash truck turn-around area shall be provided per Engineering Standard Detail No.
610`and maintained to the satisfaction of the Public Works Department, Streets and Sanitation
Division. Saidturn-around area shall be specifically shown on plans submitted for building permits:
23. That plans shall be submitted to the: City Traffic and Transportation Manager for his review and
approval in conformance with the current version of Engineering Standard Plan Nos; 436 and
4601/602 pertaining to parking standards and'driveway location. Subject property shall thereupon be
developed and maintained in conformance with said plans.
24. Thatino required parkingerea should be fenced in or otherwise enclosed for outdoor storage uses::
25. Thafall driveways shall be constructed to accommodateten (10) foot radius curb returns in
conformance with Engineering Standard No. 137. Said information shall be specifically hown on
plans submitted for building permits'.
26. That the legal owner of subject property shall provide the City of Anaheim a public utilities easement
along/across primary cable underground antl around tnepod-mounted transformers.
27. Thafany required relocation of City electrical facilities wilt be at the'property owner's expense.
.Landscape and/or hardscape screening of all pad-mounted equipmentshall be required and shall be
Page 8
Staff Report to the `<
Planning Commission
September 8, 2003
`Item No: 2
outside the easement area of the equipment. Said information shall be specificallyshown on plans
submitted for building permits,
28: That the legal property owner shall submit an application for a Subdivision Map Actbertificate of
Compliance to the Public Works Department, Development Services Division. A Certificate of
Compliance or Conditional Certificate of Compliance shall be approvedby the City Engineer and
recorded in the Office of the Orange County Recorder prior to issuance of a building permit.
29. That prior to approval of the grading plan, the developer shall submit a Water Quality Management
Plan (WQMP) specifically identifying the tiest management practices that will be 4sed on-site to
'control predictable pollutants from storm water runoff. The WQMP shall tie submitted to the Public
Works Department, Development Services Division for review'and approval.
30. That the storm drains and sanitary sewers for this development shall be privately maintained.
31. That the property owner shall submit a letter requesting termination of Conditional Use Permit No.
2539 (to permit acoin-operated car wash in an existing service statioh) to the Zoning Division:
32. The final elevation plans shall be submitted to the Zoning Division and Community Development
Department for review and approval. Said plans shall incorporate the ledge stone treatmentalong
the north; east and south building elevations. Any decision by City staff may be appealed to the
Planning Commission as a Reports and`Recommendation item:
33: That the subject property shall be developed substantially in accordance with plans and specifications
submitted to the Cityof Anaheim by the petitioner and which plans are on file with tfie Planning
Department marked Exhibit Nos. Revision 1 of ExitiiENo. 1, 2; 3, 4, and 5 and as conditioned herein.
34: 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, 15, i li 17,
18, 19, 20;21, 22, 23, 25, 26, 27, 28, 31, and 32 above-mentioned, shalt be complied with.
Extensions for further time to complete said conditions maybe granted in accordance with Section
18.03.090 of the Anaheim Municipal Code:
35. That priorto final building and zoning inspections, Condition No'. 33, above-mentioned, shall be
`complied with.
36: That approval of this application constitutes approvalbf the proposed request only to the extent that it
'complies with the Anaheim Muticipal Zoning Code and any other applicable City, State andFederal
regulations. Approval does not include any action or findings as to compliance or approval of the
request regarding any other applicable ordinance, ~egulatlonor requirement.
Page 9
OB-06-03 09:-07 From-CITY of AN. 1-COMPr1 DEV
7147654545 T-976 P.O1/O1 F-065
ATTACHMENT - ITEft N0. 2
ANEMORANDUAII
Community Development Department
City ofAnaheim
June 4, 2003
T0:
FROfffl:
SUBJECT:
John Ramirez, Planning Department
~~Eduardo Hernandez, Project Manager
CUP NO. 2003-04736 -101 50UTH BR004(HURST
STREET
The following provides background information in preparation for the Planning
Commission's consideration of Conditional Use Permit (CUP) No. 2003-
04736, to permit a 3-unit commercial building at 101 S. Brookhurst Street.
The subject property is located 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
Plan 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 be 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_
e~OC9~O6vivaw6MO5~EO,uuL. 00C
ITEM N0. 3
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a
II
Conditional Use Permit No. 2003-04719 (READVERTISED) Subject Property
Date: September 8, 2003
Scale: 1" = 200'
Requested By: EDWARD J. BRUMLEU JR. Q.S. No. 121
TO PERMIT AND RETAIN AN AUTOMOBILE PARTS INSTALLATION FACILITY
WITH WAIVERS OF: (A) REQUIRED ENCLOSURE OF OUTDOOR USES
(B) MINIMUM NUMBER OF PARKING SPACES
1280 North Sunshine Way soa(zooa-s-2s)
Staff Report to the
Planning Commission
September 8, 2003
Item No: 3
3a. CEQANEGATIVEbECLARATION (Motion)
3b. :. WAIVER'OFCODE REQUIREMENT !(Motion)
3c. ` CONDITIONAL USE PERMIT N0: 2003-04719 (READVERTISED) {Resolution),
SITELOCATION AND DESCRIPTION:'
(1) This irzegularly-shaped; 0.46-acre propertyhas frontage of 65 feet on the northerly side of
Sunshine Way, a maximum depth of 225 feet, and is located at the easterly terminus of
:Sunshine Way (1280 North Sunshine Way)::
'REQUEST:
(2) The petitioner requests approvatof a conditional use permit under authority of Code
Sections 18:03.030 and 18.61,050.070 to permit and retain an automobile parts installation
"facility with'waiver of the following:
(a) 'SECTION N0: 18:04.049.050 Required enclosure of outtloor uses.
(Fencin4 withslatsand.fast growinQbines
~eguired to prevent vistiilitJinto the outdoor
area;: none proposed)
(b) .SECTION NOS: 18.06.050.0222 Minimum number of parking spaces::
18:06:050:03TAND 113:61.066.050 ' 297equired; 19proposed and
recommended. by the Traffic and
Transportatioh`Manager) ~!;
BACKGROUND:
(3) This item was continued from the. July 14, 2003, Commission meeting at the request of the
applicant.
(4) The property is developed with one industrial building and is zoned ML (Limited Industrial).
The Anaheim General: Plan Land Use Element Map tlesignates this property for General
Industrial land uses.
(5) Surrounding: General Plan land use designations are as follows:
`Direction General Plan.Desi nation
North (across Miraloma
Avenue < General IntlustriallMedium Density.. Residential
East, West, South General Industrial
DEVELOPMENT PROPOSAL:
(6) The petitioner requests a conditional use permit to retain an existing automobile parts:
installationfacility. The site plan: (Exhibit Nd. 1) indicates the property is developed with a
13,96p square foot industrial building.
Sr5020jr
Page 1
Staff Report to the
Planning Commission
September 8; 2003
Item No. 3
(7) Vehicle access is provided by two driveways on Sunshine Way. The site plan indicates 19
parking spacesiocated on site. Code requires a minimum of 29 spaces for the automobile
parts ihstallation facility and associated office and storage. areas based on the,following:
°~ ;Use-°.' ~ "~ "~ S uareFeet Code Re uired~Parkin' Ratio Re wired Parkin
Office (10% of Gross Building
Area
1;056
1:.55 s aces/ 1000 s.f:/ fa
1.6'
Office: (Over 10% of Gross
' Buildin Area
$33
' 4 s aces? 1000 s.fa fa
3.3
`Auto Re air 1,599 3.5 s aces/ 1000 s.f./ fa 5.6`'
Warehouse/Stora a ,10;478 :'1.55 s aces/ 100Os.f./ fa 16:2!
Outdoor Stora' a '.5,533 ! 1 s ace/ 2500 sif 2.2
r Total 19,499 29 r
Staff Report to the
Planning Commission
September 8, 2003
Item No: 3
(10) Photographs and site inspections indicate the landscape areas consist of 5 existing mature
evergreen trees, as well as shrubs along the building front within an existing grass and
lahdscapedierea. Photographs also indicate a trash enclosure within this`grass area. Staff
Has observed outdoorstorage along the northerly property line of the property, as well as
one commercial lift for vehicle inspection and testing. i The chainlink fencing with barbed-
wire is located along the perimeter of the storage and parking lotrarea, a portion of wfiich
(along the easterly property line facing the#reeway) contains wooden slats.: No new
.landscaping is proposed as partof the application. Code requires 1 tree per 20 feet of street
frontage (65 feet of frontage) fora total of 4 trees for this site. Code also requires fast
growing vines to be planted adjacent to block walls and the trasH enclosure: Site
andscaping is required to consist of one (1) tree per three thousand (3,000) square feet of
parking area and/or vehicular access ways tlistributed throughout the parking area, with an
average of forty-eight (48) square feet of planter area provided per required tree, and a
minimum planter dimension of five (5) feet.lNo more than ten (10) parking!spaces are
permitted to be adjacent to each: other in a row without being separated by landscape area
'with a minimum width of five (5) feet. Code: also requires that tfie perimeter of any portion of
a'site not adjacent to a boundary of a residentially zoned or residentially used property upon
which any outdoor use'of an industrial nature is permitted to be enclosed to a heigHfof not
less than siz feet either by (a) solid masonry or building walls; (bj chain link: fencing entirely
:interwoven with PVC;'simulated wood slats; or other'durable material as deemed
appropriate by the Planning Director or his or her designee; (c) landscaped:earthen berm; or
(d) any combination thereof. Code further requires that no outdoor storage of products or
materials exceed the Height of any such enclosure; provided, however, that adjacent to any
street frontage, any outdoor use enclosed 6y chain lick fencing, where visible from the public
view, shalt be view-screened from any such'street by fast-growing vines and/or shrubbery to
prevent visibility into the outdoorarea. Barbed wire and razor wire is not permitted where
visible from'the public: right-of-way (excluding alleys) or non-industrially zoned property.
(11) The environmental information form and parking lettersubmitted;by the applicant indicate the
'.business operates Mdnday through Friday, from 8:00'. a.m. to 5:00 p.m, with a total of 13
employees. The petitioner has also indicated that the deliveries occur between 11:00 a.m.
and 3:00 pm., Monday through Friday. Tfte petitionerhas indicated in theisupplemehtal
parking analysis letter'that this business consists of warehousing, manufacturing, and
remanufacturing of drive trainsfor automobiles and fight trucks.' Retail customers comprise
approximately 15 percent of the'customerbase. Additionally, the business is involved in
research and development of new products for various automobile applications. THe
petitioner has also indicated that the outdoor vehicle ift is used 30 percentof each week for
fieavier vehicle inspections. The code requires that all uses beoonducted wholly within a
building with the exception of outdoor storage of equipment, materials, finished products or
refuse basic to the operations of permitted Uses.
ENVIRONMENTAL IMPACT ANALYSIS:
`; (12) 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 Negativebeclaration reflects the independent judgment of the dead
agency; and that it has'considered the proposed Negative Declaration together with any
comments received during thepublic review: process and furtherfinding on the basis of the
Initial Studyend any comments received that there is no substantial evidence that the project
will have a significant effect oh the environment.
Page 3
Staff Report to fhe
Planning Commission
September 8; 2003
Item No. 3
GROWTH MANAGEMENT ELEMENT ANALYSIS:
(13) The proposed project has been reviewed by affected City departments to determine whether
it conforms with the City's Growth Management!Element'adopted by the City Council on
March'17; 1992. `Based on! City staffYeview of the proposed project;iit has been determined
that this project does not fifwithin the: scope necessary to require a Growth Management.
Element analysis, therefore, no analysis has been performed.
EVALUATION:
(14) Vehicle repair is permitted in the ML Zone, subject to the approval of a conditional use
permit.
(15) Waiver (a) pertains to required enclosure of outdoor uses.i Code requires that the perimeter
of anyportion of a site nofadjacenfto a boundary of a residentiallyzoned or residentiallyi
used propertyupon which any outdoor use of an industrial`nature is permitted'shall be
enclosed to afieight of not ess than: six feet either by (a)solid masonry or building walls, (b)
chain link fencing entirely,interwove~ with PVC'simulated wood slats, or otherdurable
material as deemed appropriate by the Planning Directoror his or her designee; (c)
landscaped earthen berm; or (d) any: combination thereof.'; Code further requires that no
outdoor storage'of products or materials exceetl the height of any such enclosure; provided,
however, that adjacent to any street frontage, any outdoocuse enclosed by chain link
fencing, where Oislble fromithe publicview, shall be view-screened from any such street by
fast-growing vines and/orshrubbery,to prevent visibility into the outdoor area. Barbed wire
and razor wire is not permitted where!visible from the public right-of-way (excluding alleys)
ornon-industrially zoned property. Staff believes there are special circumstances that apply
to the"property,specificaily opography and location, which do not apply to other properties
within the same: industrial ubdivision: This property is bounded by Miraloma Avenue to the
north'and the southbound'Orange Freeway (SR' 57) transition to the westbound Riverside
Freeway (SR 91) to the east. Miraloma Avenue is situated 15 to 20,feet abovethe grade of
the property, making any outdoor storage readily visible, regardless of any screening
provided alonglthis northproperty line. Only the two neighboring properties are in this
similar situation; howevecthe remaining five properties with identical'zoning designatiohs do
not have suchfiigh visibility from Miraloma Avenue or from the transition roadof the
freeway. Although staff believes there are special circumstances regarding screening along
the northerly property line (0ue to topography ahd location), staff has included a condition.
thabalong the easterly property line,. the existing wooden: slats be replaced with PVC or vinyl
slats;'and that fast growing vines be planted to further screen the outdoor use from the
freeway and protect the fence from'graffiti opportunities) Because the unique opography
and location of this site deprives the businessrownertrom-establishing outdoor storage
areas that can be screened in compliance witftcode, staff recommends aooroval of this
waiver.
(16) Waiver (b) pertains to the minimum number of7equired parking spaces. Code requires 29
parking spaces for the proposed use as described in paragraph no (7) of this'report and 19
spaces are proposed. The petitioner has submitted a parking letterprepared' by Jerry King,
president of the company.; The City: Traffic and Transportation Manager has reviewed the
letter and recommends approval ofthe parkingwaiver. The parking letter and:
recommendation by the: City Traffic and Transportation Manager demonstrate the following
findings in support of the Proposed waiver:
"(a)` That the waiver, under the conditions imposed, if any, will not cause fewer off-street
parking spaces to be provided for such use than the number of such spaces
Page 4
Staff Report to the
`Planning Commission
September 8, 2003
Item No: 3
necessary to accommodate all vehicles attributable to such use under the normal
ahd reasohably foreseeable conditions of operation of such use.
The parking study indicates that the`parking demand fotpff-street parking spaces is
lower than the'quantity provided on the subject parcel ':There is a sufficient number
of parking spaces on the'parcel based upon parking counts on site where a
maximum of 13 cars were observed during operating hours during the week..'.
(b) That the waiver, under the conditions imposed, if any, will not increase the demand
ahd competitioh for parking spaces upon the public streets in the immediate vicinity
of the proposed use.
Based on the parking letter submitted by the petitioner, and the recommendation of
the City Traffic and Transportation! Manager,,17 spaces'would be sufficient for this
location where 19 spaces would be'provided.
(c) That the waiver, under the conditions imposed, if any, will not increase the demand
and competition for parking spaces`upon adjacent private property in the immediate
vicinity of the proposed use.
The proposedprojectwil~ not cause any demand for parking on private property in
the vicinity because based on thedetter, the demand forparking will be
accommodated on site. '
(d) That the waiver, under the conditions imposed, if any, will not increase traffic'
congestion within the off-street parking areas or lots provided for such use.
The proposed'use has been in operation at this location since 1995, and is the
existing use located oh site, and therefore wif(not increase existing traffic
conditions.
'(e) That the waiver, under the conditions imposed, if any, will not impede vehicular
ingress to oregress from: adjacenf properties`upon the public streets in the
immediatevicinity of the proposed use.
Theproposed'parking layout is similar to the existing parking layout. The existing
access ways+meet the'minimum'code requirements and' will remain:'
(17) The Code Enforcement Division has submitted the attached memorandum' dated June 30,
!2003, indicating vehicles being worked on tioth ins(de and outside the building, with
automotive: parts and'other items: being stored outside: The code does nofallow any work to
tie conducted outside.' Staff found no building permits for the ihstallation of the commercial
fioist/lift outside the building. Because outdoor uses of this nature are prohibited by Code.
:staff has included a condition'ofaobroval reauiring the removal or relocation of the' hoist to
tfie interidrbf the building.
(18) The Planning Commission may wish to note that the business located on the property was
originally approved as a drivetran parts re-builder, with no vehicles proposed to beldcated
on site. As'a result of Code Enforcement action pertaining to outdoor storage visible from
the freeway, staff discovered thebusinesswas operating as both an automobile repair
facility andas a drivetrain parts warehouse/disfributor,and manufacturer.'As indicated in the
parking letter, 15 percent of the. business is to retail customers. It is the retail and
automotive; repair aspect of the ousiness that is the subject of this conditional use permit.
`Page 5
Staff Report to the
Planning Commission
September 8; 2003
Item No. 3
(19) This property is located within an existing industrial area and is not immediately adjacent to
any residential br other sensitive landuses. The propertygenerally complies with all
provisions of the code, with the exception of onsite landscaping andscreening.'; Staff has`
included standard conditions of approval pertaining to site'maintenance, as well as a
condition of approval requiring the installation of fast growing vines on the existing trash
enclosure. Staff believes the business operation is appropriately located within' an industrial
area and has nok negatively impacted'adjacenfand surrounding properties, and that the size
and shape of the site is atlequate to accommodate the business. Staffs primary concern
has been the visibility of outdoor storage associated with the business from Miraloma
Avenue and the freeway. The petitioner has intlicated that. upon expansion of the freeway, a
large amount of mature trees was removed from the slope leading up to Miraloma Avenue,
rendering the site completely visible from this street. Upon consideration of these issues,'
staff recommends approval of the conditional use permit o retain an'existing automobile
parts installation facility, as conditioned herein.
FINDINGS:
(20) Section 18.06.080 of the parking ordinance sets forth the following findings, which are
required to be made before the parking waivers are approved by the Planning Commission:
(a) That the waiver, under the conditions imposed, ifany, will not cause fewer off-street
parking' paces to be provided for such use than he number of such "spaces
necessary to accommodate r311 vehicles attributable to such use under the normal
i and reasonably foreseeable conditions of operation of such: use; and
(b) That the waiver, under the conditions imposed, ifany, will not increase the demand
and competition for parkingspaces upon the public streets: in the immediate vicinity
of the proposed use; and
(c) That the waiver, under the conditions imposed, ifany, will not increase the demand
and competition for parkingspaces upon adjacent private property in the immediate
vicinity of the proposed use (which property is not expressly providedas parking: for
such use under an agreement in compliance witft' Section 18.O6.0i0.020 of this
Code); and
(d) That the waiver, under the conditions imposed, ifany, will not increase traffic
congestion within the off-street parking areas cr Ibts provided for suchuse; and
(e) That the waiver, under the conditions imposed, if-any, will not impede vehicular
ingress to or egress from adjacent properties upon the public streets in the
immediate vicinity of the proposed use
Unless conditions o the contrary are expressly imposed upon the granting of any
waiver pursuant to this Section by the Planning Commission or City Council, the
granting of any such waiver shall be deemed contingent upon operation of such use
in conformance with the assumptions relating to the operation and intensity of the
use as'contained jn the parking demand study that formed ttie basis for approval`of
said waiver. Exceeding, violating, intensifying or othervvise'deviating from any of
:' said assumptiohs as contained in the parking demand study shall be deemed a
violation of the express contlitions imposed upon said waiver which shall subject;
said waiver to termination or modification pursuant to the provisions of Sections
18103.091 and 1 13.03.092 cf this Code:'
Page 6
Staff Report to the ''
Planning Commission
Septemper 8, 2003
Item Nb: 3
(21) When practical difficulties or unnecessary hardships result from strict enforcement of the
Zoning Code, a modification maybe granted for the purpose ofassuring that no property,
because of special circumstances applicable to it, shall be deprived of privileges commonly
enjoyed by dther properties in the same vicinity and zone. The sole purpose of any code
waiver is to;prevent discrimination and none hall be approved which would have the effect
ofgranting a special privilege noYshared byother similar properties. Therefore, before any
code waiver is granted by the Planning Cbmmission, itshall be'shown;
(a) Thatthere are special circumstances applicable to the property such as size, shape,
topography, location or surroundings; whicKdo not apply to other identically zoned
properties in the vicinity; and
(b) That trict application of the Zoning Code deprives the property of pfivileges enjoyed
byother properties undef identical!zoning classificationrin the vicinity.
(22) Before the Commission grants any conditional use permit, it must make a finding of fact that
the evidence presented shows tfiat 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 Oode, 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 developmenfof the area in which tEs proposed to be located;
(c) That the size and shape of the site for the proposed use is adequate to allow the full
development of he proposed use in a mannernot detrimental to ttte particular area
nor to the peace, health, safety, and general welfare;
(d) That the traffic generated. by the proposed use will not impose an undue burden upon
the streets and highways'designed and Improved to carry the traffic in the area; and
(e) That the granting of the conditional use permit under the conditions imposed, if any,
will not be detrimental to the peace,. health, safety and general welfare of the citizens
of the City of Anaheim.
RECOMMENDATION:
(23) Staff recommends that, unless additional or contrary information Is received during the
meeting, and based upon the evidence submitted to the Commission, including the `:;
evidence presented in this staff Report, and oral and'written evidence presented at the
.public hearing, the Commission ake the following actions:
(a) By motion, a rove a Negative Declaration.
(b) By motion, approve. in part, waiver (a) pertaining to required enclosure of outdoor
uses; based oh the following:
(i) That there are special`circumstances that apply to the property, pecifically
topography and location, whicfi do not apply to other;propertieswlthin the same
industrial subdivision.:: The property is bounded by Miraloma Avenue to the north
and the southbound Orange Freeway (SR 57) transition to the westbound
Page 7
Staff Report to the
Planrting Commission
September 8; 2003
Item No. 3
Riverside Freeway (SR 91) to the east. Miraloma Avenue is situated 15 to 20
feetatiove the'grade of the property,'making any outdoor storage readily visible,
regardless of any screening provided along this north property line.
(ii) That tiecause Miraloma Avenue is situated 15 to 20 feet above the grade of the
property, making any outdoor storage readily visible, regardless of any screening
provided along his north'property line, the property is deprived of privileges that
other`propertieslin the vicinity enjoy: Only the two neighboring properties are in
this similar situation, however the remaining five properties with identical zoning
designations do not have such high: visibility from Miraloma Avenue or from the
transition road: of the freeway.
(c) By motion, aoorove the waiver (b) pertaining to minimum number of parking spaces
-based on the information provided in the parking letter, as well as the firstlings and
the recommendation of approval by the. City Trafficand Transportation Manager as
identified'tn paragraph no: (16) of this report and based on the. following.:
(i) That the waiver, under the: conditions imposed,' jf any, will not cause fewer off
street parking spaces to be provided for such use than the numberof such
spaces necessary to accommodate all vehicles'attributatile to such use under the
normal and reasonably foreseeabie'conditions'of operation.
(ii) Thatthe 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 (which property is not expressly provided as parking
for such use under an agreement in compliance with Section 18.06:010.020cf
this Code), and'the waiverwould nofimpede vehicular ingress to oragress from
adjacent properties, upon: the public'streets in'the immediate vicinitybf the
proposed use. 'i
(d) ' By resolution, aoorove Conditional Use Permit No. 2003-04719 (to permit and retain
'' an automobile parts installation facility)'6ased on the following:
(i) That the automobile repair operation is properly one for which a conditional
use permif,is authorized by the: Zoning Code in the ML Zone.
(ii) That the proposed use under the conditions imposed, would not adversely
affect the adjoining land uses and the growth and development of the area in
'which it is proposed to be located because the proposed use islocated within
an existing: industriafarea and not adjacent to any residential or other
sensitive land uses.
(iii) That the size and shape of the site for the automobile repair facility is
adequate td allow the full operation of theaxisting use in a manner not
detrlmentaf to the particular area nor to thepeace, health, safety, and
general welfare because the subject site'is adequate o provide for off-street
parking and, as conditioned, would operate consistently with the
requirements of the Municipal Code.
(iv) That the traffic generated by the automobile repair facility would not impose
''an undue burden upon the streets and highways designed and jmproved to
carry the traffic in the'area nor impact the public street serving this site.
Page 8
Staff Report to the '
Planning Commission
September 8, 2003
Item No:3
(v) That the granting of Conditional Use Permit No.'2003-04719, under the
conditions imposed, would not be detrimental to the peace; health, safety
and general welfare of the'citizens ofthe City of Anaheim.
.THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUSCITY DEPARTMENTS ACTING AS
AN INTERDEPARTMENTAL£OMMITTEE AND ARE RECOMMENDED FOR ADOPTION BY THE
PLANNING`COMMISSION IN THErEVENT;THATTHIS PERMIT IS APPROVED.
L 'That trash storageareas shall be refurbished to the satisfaction of the Public Works Department,
Streetsand Sanitation Division and shalt include a'roof overthe trash enclosure o preventfhe entry
of stormwater aswell as gates per city standard:'Said information shall be specifically shown on
plans submitted for Public Works Department, Streets and Sanitation Division approval.
2. That a landscape and irrigation plan for subject property shalt be submitted to the Zoning Division
for review and approval showing the installation of fast growing vines on the chainlink fence'along
the easterly property line. The landscape plan shall also indicate clinging vines planted on the trash
t enclosure wall. Said landscaping shall tie installed'within thirty (30) days of plamapproval and
thereafter maintained in a live and healthy condition. Any decision made by the'Zdning Division
regarding said planmay be appealed to he Planning Commission as a "Reports"and
Recommendations':' item.
3. `That petitioner shall remove the commercial lift located on the propertybr relocate the lift to the
i interior of the building.
4. 'That petitioner shall remove the barbed wire fromthe public view, as well as install PVC or vinyl
slats in place of the wooden slats in the fence along the easterly property line.
5. That any. tree planted on-site hail be replaced in a timely manner in the event that it is removed,
c damaged, diseased and/or dead.
6. That the property shall be permanently maintained in an orderly fashion by providing regular.
landscape maintenance, removal of trash or debris, and removal of graffiti withintwenty-four (24)
hours from timebfbccurrence.
7. ' That there shall be no outdoor storage in any required parking area; further, thatbutdoor storage
shall be limited to those areas shown on approval exhibits.
8. `That customer parking spaces shall be striped and clearly marked for "customer parking only", and
r at no time shall customer vehicles be'stacked, double parked, or left standing in tandem in front of,
or adjacent to the building. `Said information shall be specifically shown on plans submitted for
Zoning blvision approval.
9. That there shall be no loading or unloading of vehicles on the public street. No vehicles, whether
operating or not; including tow vehicles'shall be parked, stored or displayed on the public sfreet.
10. That 4-foot high address numbers shall be displayed on the Yoof in a contrasting color to the roof
materials The numbers shall not be visible from the view of the street br adjacenYpropertiesi Said
information shall be shown on plans submitted for Police Department, Community Services Division '
approval.
Page 9
Staff Report to the
Planning Commission
September 8,2003
Item No. 3
11. That plans shall be submitted to the City Traffic and Transportation Manager for his review and
approval showing conformance with the current version of Engineering Standard Plan Nos. 436;:
601 and 602 pertaining' o parking!standards'and driveway locations. Subject property shall be
developed according within thirty(*30) days'df plan approval ahd shall thereupon be'developed and
maintained in conformance with said plans.
12. That any required relocation of City electrical facilities shall be at the developer's expense. Further,
landscape and hardscape shall be required to screen any pad-mounted equipment required for this
property.
13. That the applcant/property owner shall file an Emergency Listing Card. Form APD-281, with the
Police Department,
14. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City df Anaheimby the petitioner and`which plans are on file with the: Planning ',
Department masked Exhibit No. 1; and as conditidned herein.
15. That within sixty (60) days from the date of this resolution, Condition Nos. f; 2, 3, 4, 8, 10, 11, i3
and 14 above-mentioned, shall tie complied with. Extensions for further time to complete said '
conditions may be granted in accordance with Sectiort i8A3.090+of the Anaheim Municipal Code.
16. That approval of this application cdnstitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and
Federal regulations. Approval does not include any action or findings as to compliance or approval
of the request regarding any other applicable ordinance, regulation or requirement.
Page 10
20M : UNITRf1Y, Dri~etrain Center FflK N0. 7146305851 Rug. 26 2003 10:17AM P2
ATTACHTIENT - ITEM N0. 3
PETIT°IUNER'S S"T'A"I'L-:NIEN'I' OF
IL1S'1"1FICATIUN FOR VARIANCUCC)PE WAIVt;R
(NOT REt;UIRC[) FUR PARF`1NG WAIVER)
REQUEST pOh WAIVER. OF CODE SECT'If~N: ~, .,, _.. - ... _
(A separtte sratemum is reyuircd for each Code waiver)
PLR'1"AININGTO: Required cs r e~,n~nd. of outr~,lnor GL~s2. ___ ,_..-
Sections 18.0!.040.030 and l 8.l?.060 of the Anaheim Municipal Code require that before any variance m• Code waiver ntay be
`granted by the Zoning Administrator or Planning Commission, tha following shall be shown:
That there are special circumstances applicable to The property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical zoning classification in the vicinity; and
2. That, because of such special circumstances, strict applicatinu of the zoning code deprives the property of privileges
enjoyed by other property under identical zoning classification in the vicinity.
In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to
arrive at a decision, please answer each of the following questions regarding the property for which a variance is sough[, fully
attd as comple[ely ag possible. If you need additional space, you may attach additional pages.
Ara there special circumstances that apply to the property in matters such as size, shape, topography, location or
surroundings? ~ Yes _ No.
Ifyour answer is "Yes," describe the special circumstances: OUR PROPERTY S TTS LOWER THAN
MIRALOMA AVENUE, SCREENING WOULD. NOT BIDE ANYTHING,
2. Are the special circumstances that apply to the property different firom other properties in the vicinity which aze in the
same zone as your property? X Yes T No
Ifyour answer is "yes," describe how the property is different: TaF' ARF TN THE FAR f'C)RNFR pF
~lyir rrQr1 nF TAF r'iTT T1F SAC'r AT)TAf'FNT Tp MTRaTnMA AVF.Ttr~
3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring
properties located within the same zone? X Yes No
answer if "yes," describe the special circumstances:
PROPERTY
4. Were the special circumstances created by causes beyond the conuol of the property owner (or previous property
owners)? ~ Yes _ No
E,.{p~~: WHEN THE BRIDGES OVER THE FREEWAYS ON MIRFtT,OMA FIVENUE WERE
RECONSTAU ' HE~1 A F OUR NATURAL .'(":':'
-r - _ -
The sole purpose of any variance or Code waivei shall be to prevent discrimination, and no variance or Code waiver shall be
approved which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone
which is not otherwise expressly autho ' ed by zone regulations governing subject property. Use variances are not permitted.
~. U
Signature of Property O er or Authorized Ag Date
!OM ~ UNITP.R:; Drivetrain Center FRX N0. ~ 7146305851 Rug. 26 2003 10~17RM P3
QUESTION 4
MIRALOMA AVENUE {OR','SACK THRRiJOF) Ftn3 1;XPOSPD OUR PROPERTY AND CREAT.ID
THIS PROBLEM.
ATTACHMENT - ITEM N0. 3
MEMORANDUM
CITY OF ANAHEIM
Cocle Ettforcentent Division
DATE: JUNE 30, 2003
TO: JOHN RAMIREZ, ASSISTANT PLANNER
,7y~
FROM: MATTHEW D. LETTERIELLO, CODE ENFORCEMENT OFFICER
SUBJECT: CONDITIONAL USE PERMIT #2003-04719
1280 N. SUNSHINE WAY
On this date I went to the above location at your request to inspect the property. I found the
following to exist on the property:
® There were vehicles raised on hoists inside the building
® There was a vehicle raised on a hoist outside on the north side of the building
® There were automotive parts and other items stored outside on the north side of the
building and the northwest side of the property
I took 35mm photographs that I will provide to you.
If you have any questions, or I can be of further assistance, please telephone me at extension
4446.
MDL
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Conditional Use Permit No. 3921
TRACKING NO. CUP2003-04723
Requested By: F.J. HANSHAW ENTERPRISES, INC.
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~ ~ Subject Property
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Dote: July 28, 2003
Scale: 1" = 200'
Q.S. No. 37
REQUEST REINSTATEMENT OF THIS PERMIT BY THE MODIFICATION OR DELETION OF A
CONDITION OF APPROVAL PERTAINING TO A TIME LIMITATION (APPROVED ON MAY 8, 2000
'r0 EXPIRE NOVEMBER 28, 2002) TO RETAIN THE RETAIL SALES OF ALCOHOLIC BEVERAGES
FOR OFF-PREMISES CONSUMPTION WITHIN APREVIOUSLY-APPROVED CONVENIENCE MARKET.
1112 North Brookhurst Street, Suite 1 -Cheers Market
&44(2003-7-15)
Staff Report to the
Planning'Commission
September 8, 2003
Item No: 4
4a. i CEQANEGATIVE DECLARATION7PREVIOUSLY-APPROVED) (Motion)
4b. CONDITIONAL USE PERMIT NO. 3921+ (Resolution)
YTrackina No CUP2003.047231
SITELOCATION AND DESCRIPTION:
(1) .This irregularly-shaped, 0.91-acre property is located north and: east of the'northeast corner
of Brookfiurst Street and La Palma Avenue with frontages of 83 feet on the east side of
Brookhurst Street and 127 feet cn the north side of La Palma Avenue (1.112 North
BrookhurstStreet,,Suite 1 -Cheers Market).
REQUEST:
(2) .The petitioner requests reinstatement of this permit by the modification or deletion of a
:'condition of approval pertaining to a timelimitation (approved May 8,2000; to expire
November 28, 2002),to retain3he retail sales of alcoholic beverages foroff-premises
consumption within'apreviously-approved convenience market under autfiority of Code
Section 1$:03.093.
BACKGROUND: :
(3) This property is currently developed with a 9,860 square-foot commercial retail shopping
center. The property is zoned CL (BCC) (Commercial, Limited; Brookhurst Commercial
Corridor Overlay) and is designated by the City of Anaheim General Plan Land Use
::Element Map for General Commercial land uses. The property is also located in the West
Anaheim Commercial` Corridors Redevelopment Project Area.
(4) Conditional Use Permit No. 3921. (to permit a 2,200 square-foot convenience marketwith
wales of alcohol for off-premises consumption) was'approved, in part, (the alcohol portion
'expiring on'April 28,:1999) by the Commission on April 28, 1997. A request for
reinstatement and to consider amendmentor deletion of conditions of approval pertaining
to hours of,operation'sales of hot food oeself-serve soft drinks, window signs and exterior
'public telephones and to waive minimum :number of parking spaces to permit and retain
self-service soft drink dispensers inside the conveniehce market and review and approval
of final landscaping ahd sign plans was approved ih part, expiring on November 28,.1999,
rby the City Council omJanuary 26, 1999.: On May 8;2000, the Planning Commission
approved a reinstatement to retain the sales of alcoholic beverages (foroff-premises
consumption) for a period of two. (2) years, to expire: on November 28;2002.
(5) The petitioner requests reinstatement of the portion of this permit pertaining to the off-
premises sales ofalcoholic beverages and amendment to condition no. 1r of Resolution No.
PC2000-55 whichreads as follows:
"1. That the sales of alcoholic beverages for off-premises consumptiorc is hereby granted
for a'period oftwo (2) years, to expire on November 28, 2002:'
DISCUSSION:
(6) Desapriya Jinadasa has submitted a letter of request to retain the retail sales ofalcoholic
tieverageswithin apreviously-approved convenience market ahd to delete the condition of
approval pertaining to'a time limitation.
sraszsa~
Page 1
Staff Report to the
Planning Commission
September 8; 2003
Item No. 4
(7) In order to demonstrate that the findings required for the reinstatement of this use have been
satisfied, the petitioner hassubmitted he attached "Justification for' Reinstatement" which
indicates that no aspect of the operation has changed since the last approval, that the
physical property has remained the same, and that all conditions of approval pertaining to
the permit have been complied with.''
(Sf The Code Enforcement Division has submitted the attached memorandum dated,
August 29, 2003; regarding the current status'of the property. The memorandum indicates
that the petitioner is complying with conditions of approval with the exception of condition no.
11 pertaining to a stipulation that the: sales of alcoholic beverages sfiall not exceed 35
percent of the gross sales of all retaitsales during any three (3) month period. The
petitioner failed to present any receipts of record of the'sales of alcoholic beverages to the
Code Enforcement or Zoning Division staff.
(9) The Anaheim Police Department has`submitted a memorandum dated, July 1;:.2003. The
memorandum: states tttatthis location is within Reporting District 1420, which has a crime:
rate'of 4 percent. above average. It is also within census tract 867.01, which has a
population of 8,598. This'population allows for 6 licenses' and there'are presently 5 active
licenses in this tract. TheReporting District to the north'bf this location is within the City of
Fullerton. The Reporting, District to the south is`1520 with' a crime rate of 12 percent above
average. The Reporting District to the east is 1421 with a crime rate`of 94 percent above
average. The Reporting: District to tfie west is 1419 and has a crime'rate of 1Tpercent
belowaverage.
(1b) The memorandum furtherstates thatithe Anaheim Police Department has conducted several
investigations of this location over the past two years and`determined that the business has
been' in violation of their ABC (Alcofiolic Beverage Control) License on several'occasions`
Anaheim Police'Departmept (APD) investigators conducted a decoy program at this location
and the sales clerk sold alcohol to a minor. A re-inspection was conducted and APD
Investigators found this store had no'records/receipts for their alcofiol (a violation of their
ABG license), pornography not properly concealed, and sales of drug paraphernalia. Due to
the violations of the ABC icense and he manner in which the applicant operates his
business, the Police Department recommends'denial of the request to reinstate the portion
of the conditional use permit allowing the retail'sales ofalcoholic beverages.
(11) In order to reinstate a conditional usepermit, the Planning,Commission must make the
finding of facfthat all conditions oYapproval have beercmet. A Code Enforcement
inspection has confirmed that the applicant is unable to provide records pertaining to the
percentage ofalcoholic beverages sold at this location. Staff has made several attempts to
retrieve this information without success. Further, the Police Department had indicated '
several violations of the'ABC licenseat this location. Based on the evidence tfiat the
business is notcomplying with all conditions of approval snd the Police Department's
recommendation for denial, staff feels that the request to reinstate he portioreof the
conditional use'permit to sell alcoholic beverages should'tie denied. '
Page 2
Staff Report to the
Planning Commission
:'September 8, 2003
Item No`4
ENVIRONMENTAL IMPACT ANALYSISi
(12) Staff has reviewed the: proposal to reinstate. Conditional Use Permit No. 3921 and fihds no
significant adverse environmental impacts resulting from any changes to the existing project
Therefore,' staff recommends that the previously-approved Negative Declaration in
connection'with Conditional Use Permit No. 3921 serve as the required environmental
.documentation for this request upon a finding by the Commission that the Negative
Declaration reFlects the independentjudgment of the lead agency and that it has considered
She Negative Declaration together with any comments feceived during the public review
process and further finding ort the basis'ofShe Initial Study (a copy of which is available for
review in the Planning'Departmeht) and any comments received that there is no substantial
`evidence tfiat the project will have a significant effect do the environment i
GROWTH MANAGEMENT ELEMENTANALYSISS
(13) The proposed project has been'reviewed by affected City departments to determine
whether it conforms!with the City's Growth`Management Element adopted by the City
Council on March 17, 1992. Based on City staff review of the proposed`project, it has been
determined that this'project does not fit within the scope necessary to require a Growth
`.Management Element analysis; therefore, ho analysis has been: pertormed.
FINDINGS:
(14) .Before the Commission grants any conditional use permit, it must make a finding of fact
that the evidence presented shows that allof the following conditions exist:
(a) Thafthe proposed use isproperly one for which a conditional use permit is
authorized by the Zoningl Code, ar hat said use is not listed thereirt as being a
permitted use;
(b) Thafthe proposed use will not adversely affect the adjoining land uses and the
growth and developmenfof the area in which itis 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 mannecnot detrimental to the particular area
nor to the peace, healthzsafety, and general welfare;
(d) Thatthe traffic generated by the proposed use will not impose an undue burden upon
the streets and highways designed and improved to carrythe trafficln the area; and
(e) Thafthe granting of the conditional use permit under the conditions`imposed,` if any,
will nbt be detrimentatto the peace, health,safety and`general welfare of thebitizens
of the City of Ahaheim.
(15) 'Subsection 18.03.093.040 of the Zoning Code requires that before the Commission grants
reinstatement of the,approval by extension of anytime limitations for an additional period or
iperiods of time, or such time (imitation is deleted or modified; the applicant must present
evidence to establish the following findings:
(a) The facts necessary to support each and every required howing for the issuance of
such entitlement as set forth in Chapter 18.03 exist;
Page 3
Staff Report to the
Planning Commission
September 8; 2003
Item No. 4 ''
(b) Said permit is being exercised substantially in the same manner and in-conformance
with all conditionsiand stipulations originally approved by theapproval'body;
(c) Said permit is being exercised in a manner not detrimental to the particular area and
surrounding landuses, noCto the public peace, ftealth and'safety and general
welfare; and
(d) ! With regard only to any deletion of a time limitation, such deletion is necessary to
permitreasonable'operation under the permit as granted.
RECOMMENDATION:
(16) Staff recommends that, unless additional or contrary information is received during the
hearing, and based upon he evidence submitted to the Commission, including the
evidence presented in this staff report, and oral and written evidence presented at the
public hearing,i the Commission take the following actions:
(a) By motion, determine that the previously-approved Negative Declaration serves as
i the appropriate environmental documentation for this request.
(b) ` By resolution, deny this request to reinstate Conditional UsePermit No! 3921
(Tracking No: CUP2003-04723) to retain the retail sales of alcoholic beverages}or
off-premises consumption in conjunction with a previously-approved convenience
market based on the following:
(i) That with regard to reinstating the retail sales of beer and wine for off
premises consumption, this permit has not been operated substantially in
the same manner as originally approved by the'Commission, as
evidenced by the Code Enforcement Division inspection indicating a
failure to provide the required records pertaining: to the sales of alcoholic
beverages.
(ii) That the permit is being exercised in a manner detrimentalao the
particular area and surrounding land uses, as evidenced by the ABC
license'violations'reported'6y the Anaheim Police Department oveY the
past two years.
(iii) That the request o retain the sales of alcoholic beverages would be
detrimental based on evidence from the Anaheim Police Department that
this business has been cited for selling alcoholic beverages to minor,;'
salesof improperly marked`and not properly concealed pornographic
matter;: sales of drug paraphernalia, unpermitted window stgnage and no
sales records for alcohol over the past two years;
(iv) That the requesEto permit the sale oFalcoholic beverages at this
location, in conjunction withviolationsof the ABC license would be
detrimental to tfie public peace, healttt and safety and general welfare.
(c) ' Should the Commjssion wish to approve this request, staff recommends that the
Commission incorporate the'conditions of approval contained in Resolution No.
PC2000-55 into a new resolution with the following conditions of approval based`on
the finding that the modification is necessary to perznit the reasonable operation of
this convenience market:
Page 4
Staff Report to the
Planning £ommission
September 8, 2003
Item No.! 4
1. That the retail sales of alcoholic beverages for off-premises
consumption`shall expire on November 28j 2004.
2. That signage for the subjectbusiness'shall be limited to that which is shown
on the exhibits submitted by he petitioner and as conditioned herein:''Any
additional signage shall be'subject to approval by the Planning Commission
as a "Reports and Recommendations"'item.
3. That within a period of three (3) months after Cal Trans completes the
freeway improvement project currently underway in this area, the petitioner
shall install landscaping in the existing westetly planter adjacent to
Braok6urst Street.
4, That there shall be no public telephones on the premises located outside of
thebuilding.
5. That no food which is cooked, heated,'reheated, assembled or altered on the
site or self-service soft drinks (as defined in Section 18.01;040 "Gonwenience
Market, Take-out, Food Service") shall: be permitted without the provision of
Code-required parking or that a separate request and approval of avariance
for minimum number of parking spaces is obtained.
6. That beer shall not be sold in packages containing less than a six (6) pack,
and that wine coolers shalt not tie sold: in packages containing less than a
four(4) pack.
7. i That no window signs shallbe permitted at any time in order to maintain
unobstructed visibility into the storg interior from the outside, as
recommended by the Police Department.
8. That there shall be no coin-operated games maintained upon the premises at
any time, without issuance bf properpermits as requlredby the Anaheim
Municipal Code.
9. That the area of alcoholic beverage displays, including beer and/or wine
displays, shall not exceedtwenty-fivepercent(25%) of the total display area
in the wilding.
10.' That the sales of alcoholic beveragesshall not exceed thirty five percent
(35%) of the gross sales ofall retail sales during any three (3) month period.
The applicant shall maintain recordsnn a quarterly basis showing the
separate amounts of sales: of alcoholic beverages and other items. These
records shall be subject to audit, and made available, when: requested by any
Cityof Anaheim' official during reasonable business hours.
11.' That the applicant shall be responsible for maintaining the premises free of
litter of all times:
12. That all trash generated from this market shall tie properly contained in trash
bins' contained within approved trash enclosures: The number of bins shall
be adequate and the trash'pick-up shall be as frequent as necessary to
ensure the sanitary handling and timely removal of refuse from theproperty.
The Code Enforcement Division of the Planning Department shall determine
Page 5
Staff Report to the
Planning Commission
September 8, 2003
Item No. 4
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 for by the business
owner.
13. That no alcoholic beverages stiall be consumed on the property.
14. That the parking lot serving theipremises shall be equipped with lighting of
sufficientpower to illuminate and make easily discernible the appearance
and conduct of all persons, on, or about, tfie parking,lot. Saidlighting shall
be directed, positioned and shielded in such a manner so as not to
.'unreasonably illuminate the windows of nearby residences.
15. .That no shopping carts shall be used in conjunction with this convenience
market unless a cart retrieval plan preventing the removal of carts from the
property isreviewed and approved by Planning Department staff.
16. That any tree or other landscaping planted in accordance with previous
approvals and exhibits shall be raintained as approved and shall be
:,replaced in a timely manner in the event hat it is removed, damaged,
diseased ahd/or dead.
17. That the business hours of the ubject business shall be limited to 6 a.m to
12 midnight.
18. That any exterior vending machine shall not be visible from the public right-
bf-way.
19. That the subject property shall be maintained in accordance with plans and
(specifications submitted to the, City of Anaheim by the petitioner and which
plans are on file with he Planning Department as Exhibit Nos: 1 and 2,
except as'othervvise conditioned herein.
20. That approval of this application constitutes approval of the proposed request
only to tl5e extent that it complies with the Anaheim Municipal2bning Code
and any other applicable City] State and Faderal regulations.! Approval does
not includa;any action or findings as to compliance or approval of the request
regardingany other applicable ordinance, regulation or requirement.
Page 6
ATTACHMENT - ITEM N0. 4
PETITIONER'S STATEMENT
JUSTIFFCATION 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 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 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 eF 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 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 ahy deletion of a time limitation, such deletien 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.
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
Ex,~prlain: HA s ~ r 'Pr~yS r c ~ /-~~' cull ~'---=mom H s~.~-
1 lY I't-~ t-L.: ~"~ ~{'-r.: C( tG.~V ~ .. ~ A a.` t 1 ~,~ S'- ~.! c ~' ~ lk Ate= ~ .
~}+- - emu' l~ C-.`rC l\ ~ Z t`~ ~ •.rv L' L, ti~ ~- ~:.-r r~-v.~-l...i ~M, f F~
(over)
CASE OUP
rw . C,vp~oo3 •t9~~"~
2. Have the lartd uses in the immediate vicinity changed since the issuance of this use permit or variance?
-'~ ^ YES aN0
Explain: i<+.~ '~'{z~i'cP_\~-/ \`\<*+ ~;`c 0.1 utS~ ~3~~ 1~-k c,.... .~ 4u~+.C
:,. ~ ; w L-3' S O~.J: rJ c rt-$ 1-r% rL. 'Z ~tL L c~S ~, '~~.? Y ~ A-~ i
3. Has any aspect f the nature of the operation changed since the issuance of this use permit or variance?
^ YES ^~
Explain: `-it+ 3 ~'-t '1:..-..~ ~ ,7-.~~ \.~ "''~ Vtu j ti ~c'.t-. G 1~-.~.-t'r.~
c.~..'4- t.=-4 -~--,~ ~Tt...l L-.~'t ~`f ~' E~~^S _ (t~c.4,,-a-Ci..s o-'^o~ e
-~ W:M- rr ~ J \/ F.t"-"S ~~ j"ftw~'t C:~4,c P- n Tr y n S=, ~ ~ (~ C,
r. a-~; .
4. Are the conditions of approval pertaining to the use permit or variance being complied with? f3 YES ^ NO
Explain: ~v.a(~.( i...,~,. ,~c.C~.~-4~ L.-~-~'t-rc ~ cwt.-Er ~ S hc=v~
-~- 'Ck-W ~•.,. -i; <,.-, s _ ct-.:..I_ (z=.- C ,-t.- of !t,-.,.c.._
5. If you are requesti a deletion of the time limitation, is this deletion necessary for the continued operation of this use
or vadance? ES ^ NO
Explain:
vJc I"r GV Tc N~c'~ 'Ti-tG Fj-r '~.' 'e#. T`.J ~~rtJ~ (or-1 'p rf~~r.iS
r^...(.. ~ i I'7 (71= ~'*u ~~~-__,,,.. f.-/-r' '/L'~ U i Yf' ~ ~.. tlJ'D;~v_ t7.. i~~
I f'. r< G~;.. t r,.~;~ ry, c,J'~ r~ L .~ Y.. ,;.eT.., c '~ 'T~.-••C ~C P ~_ .
r.
__
Name of Property caner or Authorized Agent (Please Pdnt)
=` % 6 s
Signature of Property Owner or Authodzed Agent Dale
CASE NO. ~' "t ~ 3"1 '~-
2efi229JK.DDD 12/97
2
ATTACHMENT - ITEM N0. 4
A1)/MORANDUM
CITY OF ANAHEIM
Code Enforrenrenf Division
DATE: AUGUST 29, 2003
TO: AMY VAZQUEZ, ASSISTANT PLANNER
FROM: ~L~DON YOURSTONE, SENIOR CODE ENFORCEMENT OFFICER
SUBJECT: CHEERS LIQUOR, 1112 W. LA PALMA AVE.
REINSTATEMENT OF CONDITIONAL USE PERMIT # 3921
This memo is written in response to your request for information regarding Cheers Liquor store
located at 1112 W. La Palma Ave.
Code Enforcement records indicate no citizen complaints have been received regarding this
liquor store.
On August 21, 2003, I conducted an inspection at this location and found Cheers Liquor store
was open and operating within the conditions of approval for Conditional Use Permit # 3921,
except condition number 11 which states that the sales of alcoholic beverages shall not exceed
thirty five percent (35%) of the gross sales of all retail sales during any three (3) month period. I
spoke to the business owner Mr. Desapriya Jinadasa and informed him his Conditional Use
Permit required this document and he should provide Amy Vazquez City of Anaheim Planner
with this information as soon as possible. Mr. Jinadasa stated that he would get the information
to Ms. Vazquez.
If you need any further information regarding this matter, please feel free to contact me at ext.
4451.
ATTACHMENT - ITE11 N0. 4
aY6 ~ YYI ® ~ F~ ® ~ tl~l _ ,,.
City of Anaheim
POLICE DEPARTMENT
DATE:. July 1, 2003
TO: Amy Vazquez
Planning Department
FROM: A/Sergeant Brian McElhaney
Vice Detail
SUBJECT: Conditional Use Permit 3921
Cheers Food Stores
1112 Plorth Brookhurst Street
Anaheim, CA 92801
The above listed applicant is requesting to delete a time limitation pertaining to retail sales of
alcoholic beverages for off-premise consumption.
This location is within Reporting District 1420, which has a crime rate of 4 percent above
average. It is also within census tract 867.01, which has a population of 8,598. This population
also allows for 6 off sale licenses and there are presently 5 active licenses in this tract.
The Reporting District to the north of this location is within the City of Fullerton. The Reporting
District to the south is 1520 with a crime rate of 12 percent above average. The Reporting
District to the east is 1421 with a crime rate of 94 percent above average. The Reporting
District to the west is 1419 and has a crime rate of 17 percent below average.
Due to the violations against the applicant's Alcoholic Beverage Control License, and the
manner in which he operates his business the Police Department would deny this request at
this time. Please note the following violations:
2/8/01 An inspection was conducted and APD Investigators found excessive signage to
the storefront windows, pornographic matter not properly marked "Adults Only",
sales of drug paraphernalia.
4/11/01 APD Investigators conducted a Decoy program to this location and the sales
clerk sold alcohol to a minor.
7/26/02 A re-inspection was conducted and APD Investigators found this store had no
records/receipts for their alcohol (a violation of their ABC license)., pornography
not properly concealed, and sales of drug paraphernalia.
Memorandum
Amy Vazquez
CUP 3921
Page two _ . __
8/21/02 A re-inspection was conducted and APD Investigators found the operator of this
store had no records/receipts for their alcohol
1/17/03 A re-inspection was conducted and APD Investigators found pornography not
properly concealed, no records/receipts for their alcohol, sales of drug
paraphernalia
Please contact me at extension 1465 if you require further information.
f:(homeltgovemale~2003-04723 Cheers Food Stores.doo
ATTACHMENT ITEM N0. 4
RESOLUTION NO. PC2000-55 _
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 2OD0-04203...
FOR TWO (2) YEARS TO EXPIRE NOVEMBER 28, 2002,
AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC97-42,
AS AMENDED BY RESOLUTION NO. 99R-23 AND
ADOPTED IN CONNECTION WITH MASTEP, CONDITIONAL USE PERMIT NO. 3921
WHEREAS, on April 28, 1997 the Planning Commission adopted Resolution No. PC97-
42 to approve Conditional Use Permit No. 3921 and permit a 2,200 sq.ft. convenience market with sale of
alcoholic beverages for off-premises consumption in an existing commercial retail center and with waiver
of minimum number of parking on property located at 1112 North Brookhurst Street, Suite 1 (Cheers
Market); and
WHEREAS, said Resolution No. PC97-42 was subsequently amended on January 26,
1999 when the City Council adopted Resolution No. 99R-23 to amend the parking waiver and to amend
conditions of approval pertaining to the expiration date regarding the sale of alcoholic beverages for off-
premises consumption, the business hours of the convenience market, and permitted signs and
installation of landscaping; and that Condition No:'7 was amended to read:
7. That the retail sales of alcoholic beverages for off-premises consumption is
hereby granted until November 28, 1999..
WHEREAS, this property is developed with a 9,860 sq.ft. commercial retail shopping
center, including the Cheers Market; that the property is zoned CL(BCC) "Commercial, Limited -
Brookhurst Commercial Corridor Overlay"; that the property islgcated in the West Anaheim Commercial
Corridors Redevelopment Project Area; and that the Anaheim General Plan Land Use Element.
designates the property for General Commercial land Lses; and
WHEREAS, the petitioner requests reinstatement of Conditional Use Permit No. 3921,
which expired on November 28, 1999, under the authority of Code Section 18.03.093 of the Anaheim
Municipal Code to retain the. sale pf alcoholic beverages {for off-premises consumption) at the existing
convenience market; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on May 8, 2000 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,
td 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.
2. That reinstating this conditional use permit, as conditioned herein, to permit the sale of
alcoholic beverages for off-premises consumption for an additional period of time will not adversely affect
the adjoining land uses and the growth and development of the area in which it is located because no
changes have occurred to the approved use which contradict the original findings for approval.
CR3949PK.doc -1- PC2000-55
3. 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,'Frealth,
safety and general welfare.
4. 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
5. That reinstating this conditional use permit for a period of twc years until November 28,
2002, as conditioned herein, will not be detrimental to the particular area and surrounding land uses, nor
to the public peace, health, safety and general welfare of the citizens of the City of Anaheim.
6. That this conditional use permit is being exercised in substantially the same manner and
in conformance with all conditions and stipulations originally approved by the Planning Commission.
7. That the proposed modification, including the imposition of additional conditions, is
reasonably necessary to protect the public peace, health, safety or general welfare.
8. That no one indicated their presence at the public hearing in opposition to the proposal;
khat one person spoke with concerns; and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to retain the sale of alcoholic beverages within an
existing convenience market on a 0.91-acre irregularly-shaped property located north and east of the
northeast corner of La Palma Avenue and Brookhurst Street, having frontages of 127 feet on the north
side of La Palma Avenue and 83 feet on the east side of Brookhurst Street, and further described as 1112
North Brookhurst Street, Suite 1 (Cheers Market); and does hereby determine that the Negative
Declaration previously approved inconhectioh with Conditional Use Permit Nb. 3921 is adequate to serve
as the required ehvironmental documentation for this request upon a finding by the Commission that the
previously approved Negative Declaration reFlects the independent judgment of the lead agency and that
it has considered the pevidusly approved Negative Declaration together with any comments received
during the public review process and further finding on the basis of the Initial Study ahd 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 the sale of alcoholic beverages for off-premises consumption is hereby granted for a period of
two (2) years, to expire on November 28, 2002.
2. That signage for the subject business (convenience market with the sale of alcoholic beverages for
off-premises consumption) shall be limited to that which is shown on the exhibits submitted by the
petitioner and approved by the Planning Commission and as conditioned herein, Any additional signs
shall be submitted to the Planning Commission as a "Reports and Recommendations" item for review
and approval,
3. That within a period of three (3) months after the date when the freeway improvement project
currently underway in this area is completed by CalTrans, the petitioner shall install landscaping in
the existing planter adjacent to Brookhurst Street.
4. That no public telephones on this property shall be located outside the building.
-2- PC2000-55
5. That no sale of hot food and/or self-serve soft drinks shall be permitted on these premises unless the
minimum number of parking spaces required by Code for such food service is provided or a parking
waiver is approved.
6. That no food which is cooked, heated., reheated, assembled or altered oh the site (as defined in
Section 18.01.040 "Convenience Market, Take-out, Food Service" of the Anaheim Municipal Code)
shall be shall be permitted on these premises unless the minimum number of parking .spaces required
by Code for such food service is provided or a parking waiver is approved:
7. That beer shall not be sold in packages containing less than a six (6) pack; and that wine coolers
shall not be sold in packages containing less than a four (4) pack.
8. That no window signs shall be permitted at any time in order to maintain unobstructed visibility into
the store interior from outside, as recommended by the Police Department.
9. That no coin-operated games shall be maintained upon these premises at any time without issuance
of proper permits as required by the Anaheim Municipal Code.
10. That the area of alcoholic beverage displays, including beer and/or wine displays, shall not exceed
twenty five percent (25%) of the total display area in these premises.
11. That the sale pf alcoholic beverages shall not exceed thirty five percent (35%) of the gross sales of all
retail sales during any three (3) month period. The applicant shall maintain records on a quarterly
basis showing the separate amounts of sales of alcoholic beverages and other items. These records
shall be subject to audit and made available when requested by any City of Anaheim official during
reasonable business hours.
12. That the applicant shall be responsible formaintaining the premises free of litter at all times.
13. That all trash generated from this convenience market shall be properly contained in trash bins
contained within approved trash enclosures. The number of bins shall be adequate and the trash
pick-up shall be as frequent as necessary to ensure the sanitary handling and timely removal of
refuse from the property. The Code Enforcement Division of the Planning Department shall
determine khe 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.
14. That no alcoholic beverages, including beer or wine, shall be consumed on the property.
15. That the parking lot serving the premises shall be equipped with lighting of sufficient power to
illuminate and make easily discernible the appearance and conduct of all persons, on or about the
parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to
unreasonably illuminate the windows of nearby residences:
16. That no pool tables shall be maintained upon the premises at any time.
17. That any tree or other landscaping planted in accordance with prior approvals or previously approved
exhibits for this property shall be maintained as originally approved and shall be replaced in a timely
manner in the event that it is removed, damaged, diseased and/or dead.
18. That the business hours of the subject convenience market shall be limited to 6 a.m. to 12 midnight.
19. That any exterior vending machine shall be located so as not to be visible to any public right-of-way.
20. 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 as Exhibit Nos. 1 and 2, except as otherwise conditioned herein.
-3- PC20D0-55
21. 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 conditions of approval of Resolution No. PC97-42,
adopted in connection with Conditional Use Permit No. 3921 and amended by Resolution No. 99R-23,
are hereby superceded, in •.heir entirety, by the above-mentioned Condition Nos. 1 through 21.
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 .311 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 cpntained, shall be deemed null and void.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
May 8, 2000.
(Orl~lnal signed by John boos)
CHAIRPERSON PRO TEMPORE,
ANAHEIM CITY PLANNING COMMISSION
ATTEST:.
!Original signc< 5~~ A",argarita Soloriol
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, 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 May 8, 2000, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BRISTOL, KOOS, NAPOLES, VANDERBiLT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOYDSTUN
IN WITNESS WHEREOF, I have hereunto set my hand this day of
.2000.
(Original signed by Margarita Se!^~~•~
SECRETARY. ANAHEIM CITY PLANNI OMMISSION
-q- PC2000-55
Staff Report to the
Planning;Commission
September 8, 2003:
Item No: 5
5a.'- CEQA CATEGORICAL EXEMPTION -CLASS 11` (Motion).
5b: 'CONDITIONAL USE PERMIT N0 4045 (Resolution)
' (TRACKING NO GUP2003-04749)
SITE LOCATION AND DESCRIPTION:
(1) .This irregularly-shaped, 9.45-acre property is located at the northeast corner of Gramercy
`Avenue and Brookhurst Street, having frontages oP740 feet art the north'side of Gramercy
Avenue; 520 feet on'the east side of Brookhurst Street, and 520 feet on the wesfside of
Valley Street (800 North Brookhurst Street -Home Depot).
REQUEST:
(2) The petitioner requests reinstatement of this permit by the modification or'deletion of a
condition of approval:pertaining. to a time limitation (approved on Augusta, 1998, to expire
"on August 3, 2003) to retain an'outdoor portable food service use (hot dog cart) in
conjunctioh with a permitted retail store under authority of Cotle Section 18.03.093:
BACKGROUND:
(3) :This property is developed with'a 130,707square foot retail home improvement store, and
is zoned CL (BCC) (Commercial, Limited`; Brookhurst Commercial Corcidor Overlay). This
`propertyisalso located withinthe West Anaheim CommerciafCorridors Redevelopment
Project Area. The Anaheim General Plan Land UseElementMap designates thisproperty
'for General Commercial land uses.
(4) Surrounding General. Plan land`use designations are as follows:
Direction General Plan Desi nation
North General`Ihdustrial
'East (across Valle Street < ' General'Ihdustrial
South across Gramerc Street 'General Commercial
,West across Brookhurst Street Junior' Hi h Schoofand General Commercial'
(5) Conditional Use Permit No. 4045 (tc permit an outdoor portable food service use (hot dog
cart) in conjunction with a permitted retail store) was: approved by the Planning Commission
''on Augusta, 1998, and expiredon August 3, 2003: Resolution.No. PC9t3-120 adopted in
°conjunction with Conditional Use Permit No. 4045 contains the following condition bf
approval:
"1. That this use permit shall expire five (5) years from the'date of this resdution, on
August 3 2003:'
DISCUSSION:
(5) Paulo Dickson, representing the landowner (Home Depot USA; Inc.), haslsubmitted this
request for reinstatement to 7etain an outdoor portable food service use (hot dog cart) in
"conjunction with a permitted retail store. The petitioner also requests modification of the
condition of approval pertaining to a timelimitation from five years to teh years.
Sr5035jr':..
Page 1
Staff Report to the
Planning Commission
September 13y' 2003
' Item No. 5
(7) In order to demonstrate that the findings required for the reinstatement of this'permit have
beeri satisfied the petitioner has submitted the attached Justification for Reinstatemenkr
which indicates that no aspect of the operation of the outdoor portable food service use has
changed since the previous approval, that thephysical property has'remained the same;
and that all conditions ofapproval pertaining to,the permit have been complied. with.
(t3) The Code Enforcement Division has submitted' a memorandum dated August 21, 2003,
regarding the current status of the property. The memorandum documents that the
petitioner is complying with conditions of approval and a recent staff inspection indicates
thatthe property is being"properly maintained.:.
(9) The Commissidn may wish to note that there have been no changes to the CL(BCC) zone
standards or any otherbhanges to the Anaheim Municipal Code that would invalidate the
findings that were the basis for theprevious approval of this conditional use permit.
(10) Staff has inspected the property and has determined that the outdoor portable food service
use is operating as intended. Further, the operation of this facility;is being conducted in a
manner not detrimental tothe surrounding neighborhood'since there have been no
complaints regarding this business'on file with the Code Enforcement Division':
(11) Regarding the petitioner's request to'delete the condition'of approval pertaining to the time
limitation, staff:recommends that this permit be reinstatetl with a deletion of the condition
pertaining to time limitation because the current business(operation has been: conducted in
compliance with the Anaheim Municipal Code and the previously-approved cdnditional use
permit, Based`on the information indicated atidve, staff recommends approval of this
request with no time limitation.
ENVIRONMENTAL IMPACT ANALYSIS:
(12) The Planning Director's authorized representative has determined that the proposed project
fallswithin the definition'of Categorical Exemptions, Section 15301, Class 111(Accessory
Structures), as'defined ihthe GEQA Guidelines and is, therefore, exempt from the
requirement to prepare additional environmental documentation.
GROWTH MANAGEMENT ELEMENT ANALYSIS:
(13) The proposed project has'been reviewed by affected City'departments to determine
whether it conforms to the City's Growth Management Element adopted by the City Council
ore March 17, 1992. Based on Citystaff reviewbf the proposed project, it has been
determined that this project does not fit within the scope necessary to require a Growth
Management Element analysis, therefore, no analysis has been pertormed.
FINDINGS:
(14) Before the Planning Commission grants any conditional use permit; it must make a finding
of fact that the evidencepresented 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 asbeing a
permitted use;
(b) That the proposed use will not adversely affect the adjoiningland uses and the
growth and development of tfie area in which it isproposed to be located;
Page 2
Staff Report to the
Planning;Commissioh
September 8, 2003
Item No: 5
(c) That he size and shape of the site for the proposed use`is adequate to allow the full
development of the proposed use. to a manner not detrimental td the particular area
nor to the peace, health; safety, and generaiv/elfare;
(d) Thatthe traffic generated'by the proposed use'will not impose an undue burden
upon the streets and highways designed ahd tmproved'to carry the' raffic ih the
area; and
(e) Thatthe granting of the conditional use permit under the conditionsimposed, if any,
will not be detrimental to'the peace health, safety and general welfare of the
citizens of the City of Anaheim.
(15) Subsection 18.03.093.040 of the Zoning Code requires that befpre the Commission grants
reinstatement of the approval byextension'of any time limitations for an additionatperiod or
periods of time, or such time limitation is deleted or modified, the applicant must present
evidence to establish the following findingsi
(a) The facts necessary to support each and every required showing for the issuance of
such entitlement as seFforth 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
hotly;
(c) Said permit isbeing exercised in a manner not detrimental to the particular area and
surrounding land uses, nor to the public peace; health and safety and general:
welfare; and
(d) With regard only to any deletion of a time limitation, sucfi'deletion is necessary to
permit reasonable operation under he permitas granted'.
RECOMMENDATION:
(16) Staff recommends that, unless additional or contraryihformatioh is received during the
meeting, and based upon the evidence submitted to the Commission, including the
evidence presented in his staff report, and'oral and written evitlence presented atthe
public hearing, the Commission take the following actions;
(a) By motion, determine that the project is Categorically Exempt under Sectioh 15311,
Class 11 (Accessory Structures) of the CEQA Guidelines.
(b) By resolution, a rove reinstatement of Conditional Use Permit No. 4045 (Tracking
No: CUP2003-04749) to retain an`outdoor portable food service use (hot dogcart) in
conjunction with a permitted retail`store (Home Depot) with a deletion of the
condition of approval pertaining to time limitation, based'on the following:
(i) That this permit hasbeen substantially operated in the same manner as7
orlginally'approved$y the Commission. The Code Enforcement Division has
inspected the premises and has determined that the facility is in compliance
with all applicable conditions of approval:
Page 3
Staff Report to the
Planning Commission
September 8 2003
Item No. 5
(ii) That the permit is being exercised in a manner not detrimental to the particular
area and surrounding Jahd uses, as evidenced by the'absence of Code
Enforcement'complaints far this property.
(iii) That there have been no changes to the applicable zone standards that would
invalidate the findings that were the basis for the original approval'of this
permit.
(c) Staff further recommends that the Commission incorporate the conditions of
approval contained in Resolution No. PC98-120 into a new resolution'with the
following conditions of approval based on the finding that the modification is
necessary to retain an outdoor portable food service use (hot dog cart) in
conjunction with a'permitted'}etail store:
1. That only one (1) hot dog cart shall be permitted and that no accessory
equipment displays or freestanding accessories shall a permitted in
conjunction with this approval.
2. That no signs; advertising this food service, other than signs affixed to the cart,
shall be permitted.
3. That the subject property shall be developed and maintained substantially in
accordance with plans and specifications submitted to he City of'Anaheim by
the petitioner'and whicft;plans are on file with' the Planning Department marked
Exhibit No, 1,land as cohditionedherein.
4. 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 tolcompliance or approval of the bequest
regarding anyother applicable ortlinance, regulation oc~equirement.
Page 4
ATTACHMEIJT - I TEIJ W0. 5
MEMORANDUM
CITY OF ANAHE[M
Code Bnfarerner~t Dii~isio~r
DATE: AUGUST 21, 2003
TO: JOHN RAMIREZ, ASSISTANT PLANNER
FROM: '~' DON YOURSTONE, SENIOR CODE ENFORCEMENT OFFICER
SUBJECT: HOME DEPOT HOT DOG CART, 800 N. BROOKHURST ST.
REINSTATEMENT OF CONDITIONAL USE PERMIT #4045
This memo is written in response to your request for information regarding the hot dog cart
located at 800 N. Brookhurst St.
Code Enforcement records indicate no citizen complaints have been received regarding the hot
dog cart outside the Home Depot store.
On August 21, 2003, I conducted an inspection at this location and found the hot dog cart was
operating within the conditions of approval for Conditional Use Permit # 4045.
If you have any further questions regarding this matter, please feel free to contact me at ext.
4451.
m803dy.dpc
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:
1. The facts necessary to support each and every required showing for the issuance of such entitlement as set forth in
the following excerpts from the Anaheim Zoning Code still exist:
18.03.030 (Relative to Gonditfonal 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 Tha[ the proposed use is properly one for which a conditional use permit is authorized by this code, or fs 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 fo the property, including size; shape, topography, location or
surroundings, which do not apply to other property under identical zoning classifcation in the vicinity;
.032 That, because of special circumstances shown in ,031, strict application of the zoning cbde 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 la 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 ff 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 issu'a1nce of this~tuse permit or variance? ^ YES ~l NO n ,1
Explain: ~ti I"T~ ~ t ~~~ S~~!~-~ '7'TS PEC~ G 1- ~~~ ~f~liP~Ty r'~~"~ /~I(;•
c:~}A~~~ ~ 5 ~ Nc~ Cc;f~l i~ I r oti'A{- USE ~~~r7z~t i ~ ~ ~~.~' ~n; ~, S
.~,.PP~o~ ~D B~1 ~~ PLA rJNINc:- CvM~1(SSf onf ¢~UCUS 19., 1~1~)S
(aver)
CASE tJO. / GI
U ~ ~P~CUP ~~~ -~4 ~j4 5 9
2. Have the land uses in the Immediate vicinity changed since the issuance of this use permit or variance?
^ YES 1ffiNO qq
Explain: ~-f~~J USA ~lf ~~ )~~M~~~~A~ ~/I ~G)/~I)~~` )'i/{s N(•'T
CN/~f~Cri S~IIJC~ iSS~,fa1~iGE DF i1~15 Go)~1~iTiCl~'~;~ USE
3. Has any aspect of the nature of the operation changed since the issuance of this use permit or variance?
^ YES Fd~~NO .
Explain:r~-~"~yU~ N ,"~ NL?l'J r-GG.D C!~rRi ~tiIPtS p`~C~D 1ti1 OPrR1~TtC
I_!~S I 5~/min-1i:~R~ -il~~= 1-CGD SF(Z~11C1': OP+'=~.~:TiL/~ ~!=h1~IfiS'
4. Are the conditions of approval pertaining to the ase permit or variance being complied with? YES ^ NO
Explain:~GD 5E4z~'ICl? ¢iq5 ~jCeN U+AIr~.D I G' DNE l~ I-}GT ~Lt% C,4/2.i t~J l'~~~
f`.!u /<LCL'SSG(~-y CrG4'IPMLNi 6 l~%U `>)[l~IS )~hl1C )?iCEN US(=~o Ii~LS~l~~l)L'I~S
-1'1', ~RG~ctbUR~c5 ~*R.~ APP!?CVLD /tND p~F?M(rjEl~ try GFr}NG~ C:[iUNiy
~C~i CF ~N)Vl~crJM~NiA~ 1-tL/TtiH. i'~'~+5/~ 15 G~GLcciE1~ ~h~~ E~lJt~6'
UG)~~l
5. If you are requesting a deletion of the time limitation; is this deletion necessary for the continued operation of this use
or variance?*~^ YES ^ NO
Explain: w~A.
m~aR~c rJ~ n ~ Rcl~~l
Name of Property Owner or Authorized Agenl(Please Print)
Signature of Property Owner or Authorized Agent Date
Z06225JK.DOC 17197
CASE
2
ATTACHMENT - ITEM N0. 5
RESOLUTION NO. PC98-120
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0.4045 BE GRANTED
WHEREAS., the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the Ciry of Anaheim, County of Orange, State
of California, described as:
PARCEL 1 OF LOT LINE ADJUSTMENT NO. 396, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, RECORDED
FEBRUARY 23, 1998 AS INSTRUMENT NO. 98-0098747, OFFICIAL
RECORDS,
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on August 3, 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 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 an outdoor portable food service use (hot dog
cart) in conjunction with a retail store (Home Depot).;
2. That the proposed use will not adversely affect the adjoining land uses and the growth
and development of the area in which if is proposed to be located.
3. That the size and shape of the site for the proposed use is adequate to allow the full
development of the proposal in a manner not detrimental to the. particular area nor to the peace, health,
safety and general welfare because the property fs large enough to contain the use without adversely
affecting adjoining land uses; and that the proposed use will be screened from the public's view white
traveling on Brookhurst Street and Gramercy Avenue; and, further, that there will be no separate
advertising for the food service and there will be no other food service located on this property.
4. 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
5. 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.
6. That no one indicated their presence at the public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
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 11, as defined in the State Environmental Impact Report (EIR) Guidelines and is,
therefore, categorically exempt from the requirement to prepare an EIR.
CR3380PL.DOC -1- PC98-120
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does heiaby 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 this use permit shall expire five (5) years from the date of this resolution, on August 3, 2003.
2. That only one (1) hot dog cart shall be permitted and that no accessory equipment, displays or
freestanding accessories shall be permitted in conjunction with this approval.
3. That no signs advertising this food service, other than signs affixed to the cart, shall be permitted.
4. That subject property shall be developed substantially in accordance with the plan and
specifications submitted to the City of Anaheim by the petitioner and which plan is on file with the
Planning Department marked Exhibit No. 1, and as conditioned herein.
5. 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 odndition, 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 adapted at the Planning Commission meeting of
August 3, 1998.
l Ori~ioal si~nedby Stephen W. Bristol)
- CHAIRMAN ANAHEIM CITY PLANNING COMMISSION
ATTEST:
(Origina; sl~nrQ 6y ,9argsrita ~oforio)
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
1, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby
certify that the forego(ng resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on August 3, 1998, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, NAPOLES, PERAZA
NOES: COMMISSIONERS:NONE
ABSENT: COMMISSIONERS:WILLIAMS
VACANCY: ONE SEAT VACANT
1998.
tN WITNESS WHEREOF, I have hereunto set my hand this day of
I Original signed by Margarita Solorto~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-2- PC98-120
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Dp,MDEN
Conditional Use Permit No. 2002-04591
TRACKING NO. CUP2003-04748
Requested By: JOHN REDMAN
U e ;49
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Subject Property
Date: September B, 2003
Scale: 1" = 200'
Q.S. No. 85
REQUEST REINSTATEMENT OF THIS PERMIT BY THE MODIFICATION OR DELETION OF A
CONDITION OF APPROVAL PERTAINING TO A TIME LIMITATION (APPROVED ON SEPTEMBER
9, 2002, TO EXPIRE SEPTEMBER 9, 2003) TO RETAIN A CHURCH WITHIN AN EXISTING
OFFICE BUILDING.
150 West Vermont Avenue -Conservative Baptist Association of Southern California
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r Staff Report to the
Planning Commission
September 8, 2003
Item No. 6
6a.' CEQACATEGORICALEXEMPTION-CLASSI !' (Motion)
6b:' CONDITIONAL USE PERMIT N0; 2002-04591 (Resolufion)
- (TRACKING NOt £UP2003-04748)
SITE LOCATION AND DESCRIPTION::
(1) This rectangularly-shaped, 1.15 acre property is located at the southeast comer of Vermont
'Avenue and LemoK'Street witfrfrontages'df 164 feet on the south side of Vermont Avenue
and 351 feat on the east side of Lemon'Street (150 West Vermont Avenue -Conservative
Baptist Association of Southern California).
REQUEST:
(2) ,The petitioner requests reinstatement of this permit by the modification or deletion of a
condition of approvaj pertaining to a time limitation (approved oh September 9, 2002, to
expire on September 9, 2003)'tb retain a'church in' conjunctidn with a permitted training
facility under authority of Code Section'18.03.093.
BACKGROUND:
(3) This property (formerly used as an Automobile Association of America facility) is currently
developed'as an office building and is zoned CL (SABC) (Commercial, Limited; South
AnaheimBoulevaPo Corridor Overlay). The Anaheim General Plan Land`Use Element Map
'designates this property for Low-Medium Density Residential land uses. "
(4) Surrounding General Plan land use designations are: as follows:
Direction General Plan Desi nation!i
'.North acrossvernontAvenue) Low-Medium Densi Residential
East 5 edial Park Site's
South (acrossAliey) Low-Medium Densi Residential
West (across Lemon street) : Low-Medium and Medlum Densi Residential
(5) Conditional Use Permit No. 2002-04591 (to permit a'church in conjunction with a permitted
'draining facility within`an existing office building with waiver of minimum number of parking
'spaces) was approved by the Planning Commission on September 9, 2002, and expires on
September 9, 2003.'Resolutidr No. PC2002-134 adopted in donjunctfon with Conditional
`Use Permit No. 2002'-04591 contains the following condition of approval
"1. That the operation of the church permit shall expire one (1) year from the date of
this resolution, om September 9, 2003 °
DISCUSSION:
(6) John Redman, Executive Director of the Conservative Baptist Association of Southern
California), has submitted this request for reinstatemenk to retain a church in conjuhction
with a permitted training facility within an existing office building. The petitioner alsd
'.'requests deletion ofShe condition of approval pertaining to a time limitation.
Sr5036jr I;
Page 1
Staff Report to the
Planning Commission
September 8(2003
Item No. 6
(7); In order to demonstrate that the findings required for the reinstatement of this permit have
been satisfied{the petitioner has submitted the attached Justification for Reinstatement
which' indicates that no aspect of the operation `of the church has changed since the
previous approval, that the physical property has remained the same, and that all
conditions of approval pertaining tb the permit have been'complied with.
' (t3) The Code Enforcement Division hassubmitted'a memorandum dated August 3, 2003, ;
regarding the current status of the property. The memorandum documents that the
petitioner is complying with conditions of approval and a recent staff'inspection indicates
the property is tieing properly maintained.
(9) The Commission may wish to note that there have been hp changes to the CL (SABC)
zone standards or any other changes to the Anaheim Municipal Code that would invalidate
the findings thatwere the' basis for the previousapproval of this conditional use permit.
(10) Staff has inspected the property and has determined that the church is operating as
intended. Further, the operation of this facility is being conducted in a mannernot
detrimental to the surrounding neighborhood sihce there have been no complaints
regarding this business on file with the Code Enforcement Division.
(11) When this use was originally considered in 2002, staff recommended that a time limit be
placed on the approval incrderto determine if he surrounding residential neighborhood:`
would experience overflow parking impacts. Because there have been no complaints
regarding the operation, staff is supportive of the petitioner's request to delete the condition
of approval pertaining to the time limitation.
ENVIRONMENTAL IMPACT ANALYSIS:
(12) The Planning Director's authorized representative has determined that the proposed project
fallswithin the'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 ELEMENTANALYSIS:
(13) The proposed project has'been reviewed by affected Citydepartments to determine
whether it conforms to the City's Growth Management Element adopted by the City Council
on March 17, 1992. Based on City staff review of the proposed project, it has been
determined that this project does hot fit within the scope necessary o require a Growth
Managemenf Element analysis, therefore, no analysis has been performed.
FINDINGS: '
(14) Before the Planning Commission grants any conditional use permit,'it must make a finding
of fact that the evidence presented. shows that all of the following conditions exist:
(a) That the' proposed use is properly one for which a conditional use permit is
authorized by the Zoning Cotle, or that said use i5 not listed therein as being a
permitted use;
(b) ' That the proposed use will not adversely affect the adjoining land uses and the
growth"and development of the area in which if is proposed to be located;
Page 2
`3taff Report to the
Planning Commission
September 8, 2003
Item No. 6
(c) That the size and shape bf 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) Thafthe traffic generatedpy the proposed use will not impose an undue burden
upon the streets and highways designed and' improved So carry the traffic in the
area.; and
(e) Thafahe granting of the conditicnal use permit under the conditions imposed; if any,
wiN'not be detrimental to the peace; health, safety and geheral welfare of the
citizens of the City of Anaheim.
(15) Subsection 18.03.093.040 of the Zoning Code requires that before the Commission grants
reinstatement of the approval by extensiortof anytime limitations for an'additional period or
periods of ttme, or such time limitation is tleleted or modified, the applicant'must present
evidence to establish the following findings:
(a) The facts necessary to support each and every requiredlshowing for the issuance of
such entitlement as setforth in Chapter 18.03',exist;
(b) Said. permit is being exercised substantially in the same manner and in
conformance with all conditions andstipulations originally approved: by the approval
body;
(c) Said permit is being exercised in a manner not detrimental to the particular area and
surrounding land uses,nor to the public peace, health and safety and general?
welfare; and
(d) With regard only to any deletion of a time limitation, such?deletion is necessary to
permit reasonable operation underthe permit as granted:
RECOMMENDATION:
(16) Staff recommends that, unless additional dr contrary information is received during the
meeting, and based`upon the evidence submitted to the Commission, including the
evidencepresented inthis staff report, and oral and written evidence presented aEtne
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 reinstatement of Conditional Use Permit No: 2002-04591
(Tracking No CUP2003-04748) to,retain a church in conjunction with a permitted
training facilitywithout atime limit, based on the following:
(i) ,That this permit has been substantially operated in the same manner as
originallyapprovedby the Commission:: The Code. Enforcement Division has
inspected the premises and has determined thatthe facility is, in compliance
.::with all applicable conditions of approvaC
(ii) That the permit is being exercised in a manner not detrimental to the particular
'area and surrounding land uses, as evidenced bytfie absence of Code'
Enforcement complaints for this property.:
Page 3
Staff.Report to the
Planning Commission
September 8, 2003
Item No. 6
(iii) That there have been no changes to the applicable zone. standards that would
invalidate the findings that were the basis for the original approval of this
permit.
(c) Staff further recommends that the Commission incorporate the conditions of
approval contained in Resolution No. PC2002-134! into a new resolution with the
following conditions of approval based on the finding that the modification is
necessary to retain' he church in conjunction with a permitted training facility:
1 ` That no portable signage shall be utilized to advertise the church.
2 That no belis'audible from the exterior of the building shall be permitted.
3 That a Special Event Permit may be issued for banners only. Due'to the proximity of
residential land uses, nobutdoor events sftall be permitted.
4". That the onlyaccessoryschool activity shall tie Sundayschool and this facility shall not
be'used as a private daycare, nursery, elementary, junior and/or senior higft'school.
5. That the aduiEcongregation at any bne time shall be limited to 50 persons. 7f the number
of congregates exceedsfthis number of members, at any one time, the petitioner shall `>
then submit an updatedparking study to the'Traffic and Transportation Manager for
review and approval, prior to review and approval by the Planning Commission at a
noticed public'hearing.
6 That gates shall not be installed across any driveway in a manner,:: which may adversely
affect vehicular traffic in the adjacent public streets. Installation ofany gates shall
conform to EngineeringStandard Plan No, 609 and shall be subject to the review and ':
approval ofthe City Traffic and Transportation Manager.
7. That the property shall tie permanently maintained in an' orderly fashion by providing
regular landscape maintenance,.removal of trash or debris, and removal of graffiti within
twenty-four(24) hours from time of occurrence.
8', That the church and training facility shall not operate at the same time to ensure
adequate parking is provided on=site at all times.
91 That a landscape plan shall be submitted to the Zoning Division for review and approval.
Tfte plan shall indicate a total of eight (8) trees along the Vermont'Avenue frontage and'
eighteen (18) trees along the Lemon Street frontage. All trees shall be minimum 24-inch
boz in size. `Said trees shall be installed within 30 days; of plan approval and thereafter
maintained in a live andi healthy manner.
10. That the on-site landscaping and irrigation system shallbe maintained in compliance with
City standards.
11. That 3-foot high address numbers."shall be displayed oh the roof in a contrasting colocto
the roof material. The numbers snail not be visible from the view of the street or adjacent
and nearbyproperties.'Soid information sfiall be specifically shown on plans submitted
for Police Department Community Services'Division approval.
Page 4
Staff Report to the
Planning Commissioh
September 8, 2003
Item No. 6
12. That any signage identifying the church activities, beyond those legally existing at the
date of this resolution, shall be reviewedand approved by he Planning Commission as a
Reports and Recommendation item.
13. That only the 2199 square foot assembly area shown on approved exhibits shall be
utilized a5churchassembly area.
14. That subject property shall be maintained'substantially in accordance with plans and
specifications submitted to the`City of Anaheim by the petitioner and which plansate on
file with the Planning Department marked Exhibit Nos. 1 and 2 and as oonditicned herein.
15. That approval of this application constitutes approval of the proposed request only to the
extentthat it complies with the Anaheim MunicipalZoning Code and any other applicable
City, State and Federal regulations. Approval does not include any action or findings as
to compliance or approval of the request regarding any other applicable ordinance,
.regulation or requirement.
Page 5
ATTACHMENT,- ITEM N0. 6
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 6y
the Planning Commission or Zoning Administrator, the following must be shown:
1. The facts necessary to support each and every required showing (or ltie issuance pf such entitlement as set Forth in
the following excerpts fromlhe 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 Thal all of the following exist
.031 Thal the proposed use is properly one for vrhich a conditional use permit is authorized by this code, or is not
fisted herein as being a permitted use;
.032 Thal the proposed use will not adversely affect the adjoining land uses and the grovAh and development of
the area in which it is proposed la be Located;
.033 That the size and shape of the site proposed for the use is adequate to allo•.v 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 Thal the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to
the peace, health, safely and general welfare of the citizens of the City of Anaheim;
18.03.040(Relative to Variances)
Before any variance may 6e 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 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 lime 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 al a
decision, please answerlhe following questions fully and as complete as possible. AUach additional sheets if additional
space is needed.
1. Has any physical aspect of the property for which this use permit or variance bean granted changed significantly
since the issuance of this use permit or variance? ^ YES 1~N0
Explain: No physical aspect of the property for which this use permit was granted have changed significantly
since the issuance of this permit.
(over)
CASE
CUP ~0,2~s2-0 4 5 91
2. Have the land uses in the immediate vicinity changed since the issuance of this use permit or variance?
O YES ~ NO
Explain: Land uses in the immediate vicinity have not changed since the issuance of this permit.
3. Has any aspect of the nature of the operation changed since the issuance of this use permit or variance?
^ YES ~ NO
Explain: No aspect of the nature of the operation has changed since the issuance of this permit.
4. Are the conditions of approval pertaining to the use permit or variance being complied with? ~ YES ^ NO
Ezplaim We are complying fully and wholeheartedly with all of the conditions of approval pertaining to the
use permit. We operate with diligence and integrity to ensure that we meet all the regulations governing
the use of our property. Although our parking lot has 115 spaces we have not on any occasion had more
than 53 vehicles on the property at one time and have never encroached on the surrounding streets.
5. If you are requesting a deletion of the time limitation; is this deletion necessary for the continued operation of this use
or variance? ~ YES ^ NO
Explain: In view of our track record of consistently and faithfully complying with all the conditions of approval
pertaining to the use permit, and in order to obviate the necessity of annual renewal, we are respectfully
requesting deletion of the time restriction previously applied.
CB Southern California
Name of PropenyOtvner or AulhorizeC Agent(Please Prinq
J.~.. ~ecL,7~.t. July 18, 2003
Signature or Progeny Owner or Aulhorizetl Agent Date
2067251KDOC 1297
CASE NO.
2
ATTACHMENT - ITEP1 N0. 6
1VIEMORANDUIVI
CITY OF ANAHEIM
Code Er forcemeni Division
DATE: AUGUST 3, 2003
T0: JOHN RAMIREZ, PLANNER
FROM: DAIS' DOMINGUEZ, CODE ENFORCEMENT OFFICER
SUBJECT: C.U.P. 2002-04591, INSPECTION OF 150 W. VERMONT AVE.
SOUTHERN CALIFRONIA CONSERVATIVE BAPTIST
On &-3-03, I conducted an inspection of the property located at 150 W. Vermont Ave. My
inspection revealed that the building is not yet being utilized for Sunday Services. I was at the
property from 0830hrs to 0930hrs and no one came to the property. I also contacted the
residence across the street from the building and all informed me that they had not witnessed any
Sunday activities at the property. Iv1y inspection revealed that the property is in compliance with
its C.U.P. See attached photos.
If you have any questions regarding this memo feel free to call #4417
I50 W. VERhfONT AVE.
ATTACHMENT - ITEM tJO. 6
RESOLUTION NO. PC2002-134
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04591 BE GRANTED.
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
PARCEL 1,AS SHOWN ON A MAP FILED IN BOOK 38, PAGE 19 OF PARCEL
MAPS, IN THE OFFICE OF RECORDER OF ORANGE COUNTY, CALIFORNIA.
WHEREAS, the City Planning Commission did hold a putilic hearing at the Civic Center
in the City of Anaheim on September 9, 2002 at 1:30 p:m., notice of said public hearing having been duly
given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter
18.03, to hear and consider evidence for and against said proposed conditional use 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 Nos.18.03.030 and 18.44.050.130 to permit a ctiurcli in conjunction
with a permitted training facility within an existing office building with waiver of the following:
SECTION NOS. 18.06.050.0263,
18.06.050.0266 AND 18.42.066.050
Minimum number of oarkino spaces:
127 required; 115 existing and recommended by the
City Traffic and Transportation Manager)..
2. That the waiver, under the conditions imposed, if any, will not cause fewer off-street
parking spaces to be provided for such use than the number of such spaces necessary to accommodate
all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation
of such use; and
3, That the waiver, under the conditions imposed, if any, will not increase the demand and
competition for parking spaces upon the public streets in the Immediate vicinity of the proposed use; and
4. That the waiver, under the conditions imposed, if any, will not increase the demand and
competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed
use (which property is not expressly provided as parking for such use under an agreement in compliance
with Section 18.06.010.020 of this Code); and
5. That the waiver, under the conditions imposed, if any, will not increase traffic congestion
within the off-street parking areas or lots provided for such use; and
6. That the waiver, under the conditions imposed, if any, will not impede vehicular ingress to
or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use.
7. That the proposed use is properly one for which a cohditional use :permit is authorized by
the Zoning Code, or that said use is not listed therein as being a permitted use;
8. That the traffic generatedby 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
Cr5455DM -1- PC2002-134
9. That the proposed church would not adversely affect the adjoining residential and open
space land uses nor restrict the growth and development of the area in which it is proposed to be ; . -
established.
10. That the church does not include physical expansion of the existing building and
therefore, 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.
' 11. That the granting of the conditional use permit under the conditions imposed would not
be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
12: That the traffic generated by the proposed church would not impose ah undue burden
upon the streets and highways designed and improved to carry traffic in the area. Because the church
operates during off-peak times from the administrative offices and training facility, this use is
complementary to the administrative office/training facility that has peak usage during weekday hours.
13. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received In opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Class 1, as defined in the State EIR Guidelines and is, therefore, categorically
exempt from the7equiremeht td prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant the Petition for Conditional Use Permit No. 2002-04591, 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 safetyand general welfare df the Citizens of the City of Anaheim:
1. That the operation of the ohurch permit shall expire one (1) year from the date of this resolution,
on September 9, 2003:
2. That the hours of operation for the church shall be limited to Sunday from 9 a.m. to 2 p.m., as
stipulated by the petitioner.
3. That no portable signage shall be utilized to advertise the church:
4. That no bells audible from the exterior of the building shall be permitted
5. That a Special Event Permit maybe issued for banners only Due to the proximity of residential
land uses, no outdoor events shall be permitted.
6. That the only accessory school activity shall be Sunday school and this facility shall not be used
as a private daycare, nursery, elementary, junior and/or senior high school
7. That the adult congregation at any one time shall be limited to 50 persohs. If the number of
congregates exceeds this number of members, at any one time, the petitioner shall then submit
an updated parking study to the Traffic and Transportation Manager for review and approval, prior
to review and approval by the Planning Commission at a noticed public hearing.
8. That gates shall not be installed across any driveway in a manner, which may adversely affect
vehicular traffic in the adjacent public streets. Installation of any gates shall conform to
-2- PC2002-134
Engineering Standard Plan No. 609 and shall be subject to the review and approval of the City
Traffic and Transportation Manages ° ° '
9. That the property shall be permanently maintained in an orderly fashion by providing regular
landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24)
hours from time of occurrence.
10. That the church and training facility shall not operate at the same time to ensure adequate
parking is provided on-site at all times.
11. That a landscape plan shall be submitted to the Zoning Division for review and approval. The
plan shall indicate a total of eight (8) trees along the Vermont Avenue frontage and eighteen (18)
trees along the Lemon Street frontage. All trees shall be minimum 24-inch box in size. Said
trees shall be installed within 30 days of plan approval and thereafter maintained in a live and
healthy manner.
12. That the on-site landscaping and irrigation system shall be maintained in compliance with City
standards.
13. That 3-foot high address numbers shall be displayed on the roof in a contrasting color to the roof
material. The numbers shall not be visible from the view of the street or adjacent and nearby
properties. Said information shall be specifically shown on plans submitted for Pplice
Department, Community Services Division approval
14. That any signage identifying the church activities, beyond those legally existing at the date of this
resolution, shall be reviewed and approved by the Planning Commission as a Report and
Recommendation item.
15. Thafdnly the 2199 square foot assembly area shown on approved exhibits shall be utilized as
church assembly area.
16. That subject property shall be maintained substantially in accordance with plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are on file with
the Planning Department marked Exhibit Nos. 1 and 2 and as conditioned herein.
17. That within 60 days, or prior to commencement of the activity authorized by this resolution,
whichever occurs first, Condition Nos. 11, 13 and 16, above-mentioned, shall be complied with.
Extensions for further time to complete said conditions may be granted in accordance with
Section 18.03.090 of the Anaheim Municipal Code.
18. That approval of this application constitutes approval of the proposed request only to the extent
that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and
Federal regulations. Approval does not include 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.
-3- PC2002-134
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
September 9, 2002.
(Original signed by Paul Bostwick)
CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
IOrlglnnl signed 6y Eleanor Fernandzsl
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 September 9, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: KOOS
IN WITNESS WHEREOF, I have hereunto set my hand this day of
, 2002.
lOriglnal signed by Eleanor Fernandes)
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-4 PC2002-134
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Conditional Use Permit No. 2090 Subject Property
Tracking No. CUP2003-04740 Date: September 8, 2003
Scale: 1" = 200'
Requested By: PAUL NIKOLAU Q.S. No. 140
REQUEST REINSTATEMENT OF THIS PERMIT BY THE MODIFICATION OR DELETION OF A
CONDITION OF APPROVAL PERTAINING TO A TIME LIMITATION (APPROVED ON JULY 29,
2002 TO EXPIRE AUGUST 27, 2003) AND TO AMEND OR DELETE CONDITIONS OF APPROVAL
FOR A RESTAURANT WITH SALES OF ALCOHOLIC BEVERAGES FOR ON-PREMISES
CONSUMPTION AND PUBLIC ENTERTAINMENT.
1160 North Kraemer Boulevard - Xalos Restaurant 6se
Staff Report to the
Planning Commissidn
September 8, 2003
item No:7
7a. - CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) (Motion)
7b. CONDITIONAL USE PERMIT NO:'2090 (Resolution) _`
> (TRACKING NO: CUP2003-04740)
SITE LOCATION AND DESCRIPTION:
(1) This rectangularly-shaped, 0.9-acre property has a frontage of 175 feet onthe easfside of
Kraemer Boulevard, has a maximum depth of 216 feet, and islocated 242 feet south of the
centerline of Coronado Street (1,160 Nortn Kraemer Boulevard'- Xalos Restaurant) ;
REQUEST:
(2) The petitioner requests reinstatement of this permit by the modification ordeletion of a
condition of approval pertaining,to a time limitatiort (approved on July 29 2002, expiring on
August 27 2003)'and to amend or delete conditions of approval for a restaurant with sales
°of alcoholic beverages for on-premises consumption'and public entertainment under
`authority of Cade Sections 18503.091 and 18.03.093!
r BACKGROUND:
(3) The property is developed with a restaurant/public dance hall and is zonetl SP94-1 DA3
`(Northeast Area Specific Plan, La Palma Core Area). This property is located within the
'Project Alpha Northeast Redevelopment Project Area. The General PlamLand Use
Element Map designates this property and surrounding properties for General Industrial
.land uses.:
(4) Conditional Use Permit No. 2090 (to permit a public dance hall in conjunction with a
~estauranf was approved by the Commission in 1980., for one (1) year. Subsequent
amendments to conditions of approval pertaining to time limitations/reinstatements have
'been granted with the latest expiring on August 27, 2003.
DISCUSSION:
(5) The Commission granted a one (1) year reinstatement of Conditional Use Permit No. 2090
bn July 29 2002: Resolution No: PC2002-114 (copy attached) included the following
conditions of approval pertaining to time7imitation and the sales and consumption of
alcoholic beveragesG;
''1. That the accessory public entertainment sfiall expire on August 27, 2003.'
12. That the outdoor patio area may be used by patrons for seating!and smoking
purposes'only; and that no other outdoor activities, including but not limited to
dining, drinking, entertainment,'dancing, etc., shall be permitted' on this property.
21. That there shall be no direct pedestrian access to the outdoor patio area from
outside the building.; All access to the patio area shall be solely thrcugh the
restaurant: Further, that a sign shall be posted at the entrance to the patio
>stating that this area shall be used for seating and smoking purposes only, and
that no dining, drinking or dancing shall be permitted in the outdoor patio
Sr1126cw
Page 1
Staff Report to the
Planning Commission
September 8; 2003
Item No. 7
(6) Mr. Tony Garcia, the restaurant operator, requests a 5-year reinstatement (to match the.
lease agreement) or deletion of time limitationto continue operating the accessory public
entertainmentin conjunction with the restaurant with sales of alcoholic beverages for on-
premises consumption. He has submitted the attached Justificationrof Reinstatement (copy
attached), indicating that since the most recent reinstatement, the surrounding land uses
have not changed, the restaurant has been operating with accessory entertainment for over
twenty years,'and that alisconditions have been compliedwith.
(7) Mr. Garcia also submitted a letter (copy attached) requesting modification to conditions of
approval pertaining to consumption of food and alcoholic beverages on theezisting
"smoking patio." The,letter states that since Mc Garcia Etas owned the restaurant
(February, 2003) the property has uhdergone major improvements to both the: interior and
exterior of thebuilding and that permitting the use of the patio dining would further benefit
the restaurant;patrons.
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View_eastfrom KraemedBoulevard
(8) Code Enforcement Division staff has submitted a memorandum dated Augusf 28, 2003,.
which states that the business is in compliance with conditions of approval, including the
prohibition of eating and' drinking on the patio:' Staff has received a' financial statement from
the petitioner's'accountant to demonstrate compliance with Condition No. 1t3 of Resolution
No. PC2002-114, which states thaf the sales of alcohotic`beverages shall nofexceed forty
percent {40%)'of the gross sales of ell retail sales during any three-month period. This
information indicates thatthe business complies with this`condition as sales of alcohol do
not exceed forty percent (40%) dining any three-month period.
(g)' Anaheim Police Department staff has submitted a memorandum (copy attached) dated'July
31, :2003, noting that the reporting district in which the property is located has a crime rate
of 260% above'. average (385% above averageet the time of the last reinstatement
request). The surrounding reporting districts have below average crime rates: A total of 11
calls for service have been received from this property from June 2001 to June 2002,
including burglaries, assault, suspicious vehicle, fights, assault witfi'a deadlyweapon and
disturbances.` Of these calls, 5 reports were taken consisting of 1`assault andbattery, 3
auto burglaries, and 1 vandalism.
Page 2
Staff Report to the
Planning;Commissort
` September 8, 2003
Item No. 7
(10) 'With regard to the request to reinstate the'accessorv public entertainment• staff
recommends aone-year reinstatement. to"expire'Aucust 27`2004. Both`the Police ' `
Department and planning staff Rave concerns with regard to sales of food`and alcohol on
the existing patio. Tne Ratio area is not visible from ttie inside of the restaurant. which
makes if very difficult to monitorthe sales and cohsumotion ofalcohol such as`sales of
alcohol to minors: which was'a oroblem'with the previous restaurant owner. Therefore. with
r_epard to the request to amend conditions to allow sales and service of food artd alcoholic
beveragesbn the ezistino smoking patio: staff concurs wtth tfie CitVOfAnaheim Police
:Department:and recdmmends tlenial.
ENVIRONMENTAL IMPACT ANALYSIS:
(11) Staff has reviewed the request for reinstatement and to modify conditions bf approval
pertaining o the outdoor patio and finds no significant adverse environmental impacts.
Therefore, staff recommends that the previously-approved Negative Declaration in
connection with Conditional Use Permit No 2090 serves as the roquired environmental
documentation for subject request upon a finding by the Commission that the Negative
beclaration reflects the independentjudgment ofthe lead agency and that it has
considered the previously-approved 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 forreview in the Planning Department) and any comments
:received that there is no substantial evidence that the project will have a significant effect
on the environment,
GROWTH MANAGEMENT ELEMENT ANALYSIS;
(12) The proposed project'has been reviewed by affected'City departments to tletermine ;
whether ifconforms with the City's Growth'Management Element adopted!by the City
Council on March 17,'.1992. Based on City. staff review of the proposed project, it has been
'determined: that thisproject does not fit within the scope necessary to require a Growth
r Management Element analysis, therefore, no analysis has been performed.
FINDINGS:
(13) Before the Planning Commission_grants any conditional use permit, it must make a finding
of fact that the evidence presented shows that all of the following conditions exist:
(a) That the proposed use is'properly one for which a conditional use permit is
authorized by the Zoning Code, or that said use Is not listed therein as being a
permitted use;':.
(b) That the proposed use will not adversely affect the adjoining land uses and the
growth and development of the area in which' it is proposed to be located;
(c) That the size and shape of the site for the proposed use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area
nor to the peace, health, safety, and general welfare;
(tl) That the traffic generatedby the proposed use will not impose an undue burden
upon the streets and highways designed and jmproved td carry the traffic in the
area; and
(e) That the granting of the conditionalLse permit under thebonditions imposed, if any,
will'not be defrmental o he peace health safety and general welfare of the
citizens of the City of Anaheim.
Page 3
Staff Report to the
Planning Commission
September 8 2003
Item No. 7
(14) Subsection 18.03.093.040: of the Anaheim Municipal Code provides that before the
Commission grants reinstatement of the approval by extension, modification or deletion the
applicant must present evidence to establish the following_findings:
(a) That the facts necessary to support each and every required showing for the issuance
of such entitlement asset froth in this chapter exist;
(b) Said permifis being exercised substantiallyin the same mannedand in conformance
with all conditions and tipulations originally approved by the approval body;
(c): Said permit is being exercised in a mannerhot detrimental to the particular area and
surroundipg land uses; nor to the public peace, health, safety'and general welfare;; and
(d) With regard only to any deletion of a time limitation. Such deletion is necessary to
permit reasonable operation under the permit as granted.
(15) Subsection 18.03.092 of the Anaheim Municipal Code provides for the modification or
termination of a conditional use permit for one'or more of he following grounds:
.010 That the approval was obtained by fraud;
.020 That the use for which such approval is granted i5 not being exercised within the
time specified in such permit;
.030 That the use for which such approval was granted has ceased to exist or has been
suspended or inoperative forany reason. for a period of six; (6) consecutive months
or more;
.040 That the, permit granted is being, or recently has been exercised contrary to the
terms or conditions'of such'approval, or in violation of any statute, ordinance, law or
regulation;
.050 That the use for which the approval was granted has been so exercised as to be
detrimental to the'public health or safety, or so as to constitute a nuisance;
.055 ' That theUse for which the approval was granted has not been exercised, and thaE
based upon additional information or8ue to changed circumstances, the facts
necessary io support one odmore of the'. required: showings for the issuance of such
> entitlement as set forth in this chapter Ro longer exist; and/or
.060 That any,such modification, including the imposition of any additional conditions
thereto, is reasonably necessary to protect the publlc peace, health; safety or
general welfare, or'hecessary to permit ~easonatile operation under tfte conditional
use permit as granted.
RECOMMENDATION:
(16) Staff recommends that, unless additional or contrary information is received during the
meeting, and based upon`the evidence submitted to the:Commission, including the
evidence presented in this staff report, and oral'and written evidence presented at the
public hearing, the Commission take the following actions:
(a) By motion, determine that the previously-approved Negative Declaration is adequate #o
serve as theYequired environmental documehtatlon fdr this request.
Page 4
Staff Report to the t
Planning,Cbmmissioh
September 8, 2003
Item No. 7
REVISED. 918103
(b) By resolution, approve, this request for reinstatement of Conditional Use, Permit No. 2090
(Tracking No. CUP2003-04740) to retain public entertainment in conjunction with the
( previously-approved restaurant with retail sales of alcohol beverages for on-premises
consumption for a period of one year to expire August 27 2004 and deny the requested
modifications to conditions of approval pertaining to the outdoor patio based upon the
following:
(i) That his permit is currently being exercised substantially in the same manner and in
conformance'with all conditions and'stipulations originally approvedby the approval
body as required by Subsection 18.03.093.040'of the Zoning Code.
(ii) That a recenk inspection by Code Enforcement' Division staff indicates that the
property is currently demonstrating compliance with all conditions of approval'
(iii) That the use is being exercised in a manner, which is notdetrimental to the
surrounding,land uses, nor to the public peace, health safety and general welfare.
Further, the accessory public entertainment is'primarily conducted in the evenings
when most of the surrounding industrial businesses are closed.
(iv) That with regard to the outdoor patio, the Police Department has expressed concern
tfiat the lack of visibility,to the outdoor patio area from inside the restaurant would
prevent the business operator from actively monitoring the conduct of patrons end
sale of alcohol'on the patio.
(c) Staff further recommends that the conditions of approval contained in Resolution No.
PC2002-114 be incorporated into a new resolution'with the following conditions of
approval:
1. That the accessory public entertainment shall expire on August 27, 2004.
2. That the outdoor patio area may be used by patrons for seating and smoking purposes
only.=That no other outdoor activities, including but not limited to dining, drinking,;
entertainment,idancing etc. shall be permitted in the patio area.:'.
<3. That the number of persons attending any event at this property shall not exceed the maximum
occupancy load as determined by the Anaheim Fire Department. Signs indicating the maximum
occupancy shall be prominently displayed within the premises.
4. That the property owner shall provide any new business operator/owner with the conditions of
approval contained in this?esolution.`
r 5. That the sales of any type'of alcoholic beverages for consumption off the premises shall tie
prohibited.
6. ThaLthere shall be no live'entertainment, amplified music or dancing permitted on the premises at
any time without issuancelpf proper permits as required by the Anaheim Municipal Code.'
7. That the activities occurring in conjunction with the operation of this establishment shall not cause
noise disturbance to surrounding properties and shall conform to the City of Anaheim Noise
Ordinance.
8. Thatail doors serving subject establishment stlall comply with the requirements of the Uniform
Fire Code and shaltbe kept closed. and unlocked at all times during: hours of operation except for
ingress/egress] deliveries and in cases of emergency.
Page 5
Staff: Report to the
Planning Commission
September 8 f 2003
Item No. 7
9. That at all times when'entertainment or dancing is permitted, uniformed security guards shall be
provided td the satisfaction of the Anaheim iPolice Department to deter unlawrul conduct on the
part of employees or'patrons, and promote the safe and orderlyassemblyand movement of
persons and vehicles and prevent disturbance to the neighborhood by excessive noise created
by patrons entering orileaving the premises.
10. That the parking lot serving the premises shall be equipped with lighting ofsufficient power to
illuminate and make easily discernible the appearance and contluct of all persons on' or aboutthe
parking lot.
11. That there shall be no pool tables, amusement devices or games maintained within subject
establishment withoutissuance of proper permits as Yequired by the Anaheim Municipal Code.
12. That the business operator shall comply with Sectioh 24200.5 of the Business and Professions
Code so as'not to employ or permit any persons to solicit or encourage others, directly or
indirectly, td buy them'drinks in the licensed premises'under any commission, percentage, salary,
or other profit-sharing plan, scheme or conspiracy.
13. That there shall be no public telephones on the premises located outside the building.
14. That this establishment shall be operated as a "Bona Fide Public Eating Place" as defined by
Section'23038 of the California Business and Professions Code:
15. That there shall be no bar or lounge maintained on the property Unless licensed by Alcoholic
Beverage'Control and approved' by the City of Anaheim.
16. That food service with'a full meal. shall be available from opening time until!either 10:00 p.m. or
closing time, whichever occurs first, on each day of operation.
17. That subject alcoholic beverage license shall not be exchanged for a public premises (bar) type.
license nor shall the establishment be operated as a public premise as defined in Section 23039
of the California Business and Professions'Code.
18. That the sales of any type of alcoholic beverages shall not exceed 40% ofthe gross sales of all
retail sales Suring any hree (3) month period. The applicant shall maintain records on a quarterly
basis indicating the separate amounts of sales of any ype of alcoholic beverages and other
items. These records shall be made available, subject to audifand, when;requested,'inspection
by any City of Anaheim official during reasonable business hours.
19. That there shall be no exterior advertising of any kind'or type, including advertising directed to the
exterior from within, promoting br indicating the availability of alcoholic beverages.
20. That the operator of subject facility shall pay for the cost of anyCode Enforcement inspections
which maybe required to address Code violations orbiolations of these conditions of approval:
21. That there shall be no direct pedestrian access to the outdoor patio area from outside the
building. All access to this area'shall be solely through the restaurant. Further, thafa sign shall
be posted at the entrance to the'patio stating that this area shadbe used for seating `and smoking
purposes only and that no dining, drinking or dancing shall be permitted in the patio.
22. That the property shall be permanently maintained in an orderly fashion by providing regular
landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24)
hours from time of occurrence.
Page 6
Staff Report to the
Planning. Commission
September 8, 2003
Item No. 7
23. That the proposalshall comply with alf signing requirementsof the SP94-1, DA-3 Zone unless a
variance allowing sign waivers is approved by the Planning Commission oFCity Council
24. That a valid business license shall be maintained for this business from the City of Anaheim
Business Licensebivision of the Finance Department.
25. That this resolution shall be'permanently posted in an obvious location within the employee work
area to serve as a reminder of the conditions of approval contained fierein.
26. That three-foot high address numbers shall be maintained and displayed on the roof in a
contrasting color to the roofmateriaL The numbers shall not be visible from the view of the street
or atljacent properties.
27. That the on-site landscaping and irrigation system shall be maintained in compliance with City
standards.
28. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or'dead.
29. That all existing mature landscaping shall be maintained and immediately replaced in the event
that itbecomes diseasedoriiies.
30. That trash 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, locatedend screened so as not to
be reatlily identifiable from'adjacent streets or highways. The walls of the storage areas shall be
protected from graffiti opportunities by the use bf plant materials suchres minimum one-gallon
size 6linging vines planted oh maximum three-foot centers or tall shrubbery.
31. 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 No. 1 end as conditioned herein.
32. That approval of this application constitutes approval of the proposed request only to the extent
that it complies with the Anaheim Municipal Zoning Codeend any other applicable City, State and
Federal regulations. Approval does not include any action or findings as to compliance or
approval of the request regarding any other applicable ordinance, regulation or requirement.
Page 7
ATTACHMENT - ITEM N0. 7
PETITIONER'S STATEMENT
JUSTIFICATION FOR REINSTATEII~ENT
° Section 18.03.093 of the Anaheim Municipal Code requires that before any conditional use permit or variance containing a
time Ifmitation can be reinstated for an additional period of time, or before such time Ifmitation maybe deleted or modified by
the Planning Commission or Zoning Administrator, the following must be shown:
1. The facts necessary to support each and every required showing for the issuance of such entitlement as set forth in
the following excerpts from the Anaheim Zoning Code still exist:
18.03.030 (Relative to Conditional Use Permits)
Before the Cfty 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 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 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)
i
Before any variance may 6e 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 dther 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
[he 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 passible. 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 permlit or varian1c~e_? ^ YES ~NO
Explain: CX~-t ~ /1 1,^Gt S rXPv~ ~ t` ~ ~ . ~~5 Q V ~'G ~~
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2. Nave t e and uses in the immediate vicinity changed since the issuance of this use permit or variance?
^ YES O 1 1
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3. Has anX sped of the nature of the operation changed since the issuance of this use permit or variance?
YES )7{ NO
4. Are the o o ro p ain(ng to the use permit or variance being omplied with? ~'1'ES ^ NO
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5. If you are req esting a deletion of the tl a limitation, is this deletion necessary for the continued operafion of this use
p ~~ or v~[iance7S ~ NO
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206226Jx.000 12!97
CASE NO.
2
ATTACfi11ENT - 1 TEM N0. 7
RESOLUTION NO. PC2002-114
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 2090, AND'
AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2001-126,
ADOPTED THEREWITH
WHEREAS, on June 2, 1980, the Anaheim City Planning Commission, by its Resolution
No. PC80-92, approved Conditional Use Permit No. 2090 to permit a public dance hall at 1160 North.
Kraemer Boulevard in the ML (Limited Industrial) Zone; and
WHEREAS, on August 26, 1991, the Planning Commission, by its Resolution No. PC91-
134, amended certain conditions of approval adopted in connection with Conditional Use Permit No.
2090; and
WHEREAS, on July 24, 1995, the Planning Commission, by its Resolution No. PC95-87,
amended a condition of approval adopted in connection with Conditional Use Permit No. 2090 to permit
the use until August 27, 1997; and
WHEREAS , on September 12, 1995, the City Council adapted and ordinance reclassifying
the area including subject property from the ML Zone to Development Area 3 (La Palma Core Area) of the
Northeast Area Specific Plan No. 94-1 (SP94-1 ); and that the Zoning and Development standards
adopted for said Development Area 3 (Section 18.110.080) do not include "public dance halls" as a
permitted use; and
WHEREAS, on September 30, 1996, the Planning Commission, by its Resolution No.
PC96-101, modified Conditional Use Permit No. 2090 by adding new conditions, including a time
limitation for the use; and
WHEREAS,. the Planning Commission subsequently adopted five resolutions (Nos. PC98-
118, PC99-141, PC2000-12, PC2001-30 and PC2001-126) to reinstate the public entertainment use
(public dance hall), which is accessory tp the restaurant with sale of alcoholic beverages for on-premises,
consumption, for additional periods of time; and that Condition No. 1 of the most recent resolution (No.
PC2001-126) specifies that the accessory public entertainment shall expire on August 27, 2002; and
WHEREAS, this property is developed with a restaurantlpublic dance hall (The Shack);
that the property is located in Development.Area 3 (La Palma Core Area) of the Northeast Area Specific
Plan No. 94-1 (SP94-1 ); and that the Anaheim General Plan designates the property far General
Industrial land uses; and
WHEREAS, the petitioner has requested reinstatement of this conditional use permit to
retain accessory public entertainment in connection with the existing restaurant with sale of alcoholic
beverages for on-premises consumption pursuant to Code Section 18.03.093 of the Anaheim Municipal
Code; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on July 29, 2002, at 1:30 p.m., notice of said public hearing having been duly given
as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03,
to hear and consider evidence for and against said proposed amendment and to investigate and make
findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself
and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find
and determine the following facts:
CR5429DM -1- PC2002-114
1. That the use, as proposed to be amended, is properly one for which a conditional use
permit is authorized by the Zoning Code.
2. That the proposal, as amended, will not adversely affect the adjoining land uses and the
growth and development of tfte area in which it is located; that recent inspection by Code Enforcement
Division staff indicates the property is in compliance with all the conditions of approval; and that although
there has been an increase in the crime rate for this reporting district, on balance this use permit is being
exercised in a manner which is not detrimental to the surrounding areas or land uses, nor to the public
peace, health, safety and general welfare; and, further, that the accessory public entertainment is
primarily conducted in the evenings when most of the surrounding industrial businesses are closed.
3. That the size and shape of the site for the use, as amended, is adequate to allow full
development of the use in a manner not detrimental to the particular area nor to the peace, health, safety
and general welfare.
4. That the traffic generated by the use, as amended, will not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area.
5. That granting this reinstatement, under the conditions imposed, will not be detrimental to
the peace, health, safety and general welfare of the citizens of the City of Anaheim.
6. That this conditional use permit is being exercised in substantially the same manner and
in conformance with all conditions and stipulations originally approved by the Planning Commission.
7. That this conditional use permit is being exercised in a manner notdetrimental to the
particular area and surrounding land uses, nor to the public peace, health, safety and general welfare.
8. That no one indicated their presence at the public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to retain accessory putilic entertainment (a public dance
hall) in connection with an existing restaurant with sale of alcoholic beverages for on-premises
consumption on property consisting of 0.9 acre having a frontage of 175 feet on the east side of Kraemer
Boulevard and a maximum depth of 216 feet, being located 242 feet south of the centerline of Coronado
Street, and further described as 1160 North Kraemer Boulevard (the Shack); and does hereby find that
the Negative Declaration previously approved in connection with Conditional Use Permit No. 2090 is
adequate to serve as the required environmental documentation in connection with this request upon
finding that the declaration reflects the independentjudgment of the lead agencyand that it has
considered the previously approved 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 amend Resolution No. PC2001-0126, adopted in connection with Conditional Use Permit No.
2090, tp reinstate this conditional use permit, and to amend the resolution in its entirety and replace it with
a new resolution therein td read as follows:
That the accessory public entertainment shall expire on August 27, 2003.
2. That the outdoor patio area maybe used by patrons for seating and smoking purposes only; and
that no other outdoor activities, including but not limited to dining, drinking, entertainment, dancing,
etc., shall be permitted on this property.
-2 PC2002-114
3. That the number of persons attending any event at this property shall not exceed the maximum
occupancy load determined by the Anaheim Fire Department. Signs specifying the maximum
occupancy shall be prominently displayed inside the premises.
4. That the property owner shall provide any new business operator/owner with the conditions of
approval contained in this resolution.
5. That the sales of any type of alcoholic beverages for consumption off the premises shall be
prohibited.
6. That there shall be no live entertainment, amplified music or dancing permitted on the premises at
any time without the prior issuance of the proper permits required by the Anaheim Municipal Code.
7. That the activities occurring in conjunction with the operation of this establishment shall not cause
noise disturbance to surrounding properties and shall conform to the city's noise ordinance (Chapter
6.70 "Sound Pressure Levels" of Title 6 "Public Health and Safety' of the Anaheim Municipal Code).
8. That all doors serving subject establishment shall comply with the 7equirements of the Uniform Fire
Code and shall be kept closed and unlocked at all times during hours of operation except for
ingress/egress, deliveries and in cases of emergency.
9. That at all times when entertainment or dancing is permitted, uniformed security guards shall be
provided to the satisfaction of the Anaheim Police Department to deter unlawful conduct on the part
of employees or patrons, and to promote the safe and orderly assembly and movement of persons
and vehicles, and. to prevent disturbance to the neighborhood by excessive noise created by patrons
entering or leaving the premises.
10. That the parking lot serving the premises shall be equipped with lighting of sufficient power to
illuminate and make easily discernible the appearance and conduct of all persons on or about the
parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to
unreasonably illuminate the windows of nearby businesses..
11. That there shall be no pool tables, amusement devices or games maintained within subject
establishment without the prior issuance of proper permits as required by the Anaheim Municipal
Code:
12. That the business operator shall comply with Section 24200.5 of the State of California Business and
Professions Code so as not to employ or permit any persons to solicit or encourage others, directly
or indirectly, to buy them drinks In the licensed premises under any commission, percentage, salary,
or other profit-sharing plan, scheme or conspiracy.
13. That no public telephones on the premises shalt be located outside the building.
14. That this establishment shall be operated as a "bona fide public eating place" as defined by Section
23038 of the State of California Business and Professions Code..
15. That there shall be no bar or lounge maintained on the property unless licensed by Alcoholic
Beverage Control and approved by the City of Anaheim.
16. That food service with a full meal shall be available from opening time until either 10:00 p.m. or
closing time, whichever occurs first, on each day of operation
17. That subject alcoholic beverage license shall not be exchanged for a public premises (bar) type
license nor shall the establishment be operated as a public premise as defined in Section 23039 of
the State of California Business and Professions Code.
-3 PC2002-114
18. That the sale of any type of alcoholic beverage shall not exceed forty percent (40%) of the gross
sales of all retail sales during any three (3) month period.. The applicant shall maintain records on a
quarterly basis indicating the separate amounts of sales of any type of alcoholic beverages and_.
other items. These records shall be made available, subject to audit and, when requested, subject
to inspection by any City of Anaheim o~cial during reasonable business hours.
19. That there shall be no exterior advertising of any kind or type, including advertising directed to the
exterior from inside the building, promoting or indicating the availability of alcoholic beverages.
20. That the operator of subject facility shall pay the cost for any Code Enforcement inspections which
may be required to address Code violations or violations of these conditions of approval.
21. That there shall be no direct pedestrian access to the outdoor patio area from outside the building.
All access to the patio area shall be solely through the restaurant. Further, that a sign shall be
posted at the entrance to the patio stating that this area shall be used for seating and smoking
purposes only, and that no dining, drinking or dancing shall be permitted in the outdoor patio.
22. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty
four (24) hours from time of occurrence.
23. That this proposal shall comply with all sign regulations of Development Area 3 (La Palma Core
Area) of the Northeast Area Specific Plan No. 94-1 (SP94-1 ), unless a variance allowing sign
waiver(s) is approved by the Planning Commission or City Council:
24. That a valid business license from the Business License Division of the City of Anaheim Finance
Department shall be maintained for this business.
25. That this resolution shall be permanently posted in an obvious location within the employee work
area to serve as a reminder of the: conditions of approval contained herein.
26. That three (3) foot high street address numbers shall be maintained and displayed on the roof of the
building in a contrasting color to the roof material. The numbers shall not be visible to the adjacent
street or properties.
27. That the on-site landscaping and irrigation system shall be maintained in compliance with City
standards.
28. That any tree planted on-site shall be replaced In a timely manner in the event that it is removed,
damaged, diseased and/or dies.
29. That all existing mature landscaping shall be maintained and immediately replaced in the event that
it becomes diseased or dies.
30. That trash storage area(s) shall be provided and maintained In location"() acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file
with said Department. Said storage area(s) shall be designed, located and screened so as not to be
readily identifiable from adjacent streets or highways. The walls of the storage area(s) shall be
protected from graffiti opportunities by the use of plants such as minimum one (1) gallon sized
clinging vines planted on maximum three (3) foot centers or tall shrubbery.
31. 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 No. 1, and as conditioned herein.
-4 PC2002-114
32. 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.
July 29, 2002.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
(Original signed by Paul Bostwick)
CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
lOrlglnal elgned 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 July 29, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: VACANCY
IN WITNESS WHEREOF, I have hereunto set my hand this day of
2002.
(Original signed by Eleanor Fernandeal
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
Tracking No_ CUP2002-04571
-5 PC2002-114
ATTACHMENT - ITEM Np. 7
IVI ~ ® r~ F'4 9tl ® rl9 Itl9
City of Anaheim
POLICE DEPARTMENT
DATE: July 31, 2003
TO: Charity Wagner
Planning Department
FROM: Sergeant Lozeau
Vice Detail
SUBJECT: Conditional Use Permit 2090/Tracking Number 2003-04740
LOCATION: Xalos
1160 North Kraemer Boulevard
Anaheim, CA 92806
The Police Department has received an I.D.C. Route Sheet for Conditional Use Permit
2090. The applicant is requesting to reinstate the Conditional Use Permit and allow
alcohol service in the outside patio. This location was formerly The Shack, the new
owner took over this location on December 12, 2002. This is a restaurant/night club
that features live entertainment.
The location is within Reporting District 1432, which has a Crime Rate of 260 percent
above average. The Reporting District to the North is 1332 and has a crime rate of 77
percent below average. The Reporting District to the South is the City of Orange. The
Reporting District to the West is 1431 and has a crime rate of 42 percent below
average. The Reporting District to the East is 1333/1433. The crime rate for Reporting
District 1333 is 70 percent below average. The crime rate for Reporting District 1433 is
64 percent below average.
From .December 12, 2002 through July 28, 2003 this location had 11 calls for service.
The calls consist of 3 burglaries, 1 assault, 1 assist other department, 1 suspicious
vehicle, 3 fights, 1 assault with a deadly weapon, and 1 disturbance.
Of the 11 calls for service 5 reports were taken. The reports consist of 1 assault and
battery, 3 auto burglaries, and 1 vandalism.
The Police Department does not oppose this request to reinstate the Conditional Use
Permit with a reinstatement period of 1 year. We would oppose the request to serve
alcohol .and food on the patio.
Please contact me at extension 1461 if you require further information.
f:\hame\lgovernale\2003-04740 Xalos.doc
ATTACHIIE'JT - ITEM N0. 7
MEMORANDUM
CITY OF ANAHEIM
Code Enforcement Division
- DATE: AUGUST 28, 2003
TO: CHARITY WAGNER, ASSISANT PLANNER
FROM: i~G DON YOURSTONE, SENIOR CODE ENFORCEMENT OFFICER
SUBJECT: XALOS RESTAURANT, 1160 N. KRAEMER BLVD., ANAHEIM, CA.
REINSTATEMENT OF CONDITIONAL USE PERMIT #2090
This memo is written in response to your request for information regarding Xalos restaurant at
1160 N. Kraemer Blvd.
Code Enforcement records indicate for the past year one complaint had been received regarding
a chain link fence installed on the south side of the parking lot. The violation was corrected and
at the present time there are no active investigations at this location.
On August 22, 2003, at approximately 2030 hours I conducted an inspection at this location and
found the business was operating within the conditions of approval for Conditional Use Permit #
2090.
Code Enforcement Division will continue to monitor and document.
m804dy.doc
ATTACHMENT - ITEM NQ. 7
To Whom It May Concern:
.IZdy 7, 2003
Re: Requesting an extension on the Public Entertainment
My name is Tony Garcia and 1 am the otivner of the netiv restaurant
called Xalos restaz~rant. My brother-in-law and 1 bought the bz~siness
previously called the Shack on February 27, 2003. The cun~ent Pztblic
Entertainment Permit expires on August 27, 2003 and we are requesting an
extension. We have a S year property lease agreement and we would like to
request a S year permit extension to concur with our lease agreement if
possible. Dur restaurant is a family oriented business and we do make use
of the Public Entertainment as we entertain our customers with mz~sic and
dancing. We keep our entertainment limited to the hours of operations
approved by the City. We hope to have our petition granted and if possible
for the S years of our lease term. We look forward hearing from you with
the approval of the extension. Please don't hesitate to call me if you should
have any questions. I thank you all for your time in this petition.
Name of the business: xalos restaurant-Bar/ GarreyCorp.
:Address: 1160 N. Kraemer Blvd, Anaheim, Ca 92806 ~`~`r~el~y; ~ ~_~^
Contact Information: Tony Garcia Tony Grfrcia
Phone #.• (714) 403-091 S Fax: (714) 632-0350
To tiVhom It May Concern: July 7, 2003
Re: Petition to amend existing CIJP to Permit outdoor Patio dining and.
alcoholic beverages.
My name is Tony Garcia and I recently took over an existing restaurant-Bar in a
partnership with my brother-in-lmv Jt+an Mnntrel Reynoso. The restaurant already came
with a 471iquor license however there is a big patio in the front of the building which is
not included in the 471icense or does not include dining. Our main purpose requesting
the petition.for outdoor dining and drinking is to offer our clients the convenience of
smoking while eating and drinking in our big patio on a beautiful day if so desired.
Please also consider the following.
YVe come to you with this petition knowing that it has not been approved for the last 12
years when at one time it was in place and later removed by your agency for reasons
unknown. We also know that to request this petition will cost us almost $1, 000 dollars
with high probability that it will be denied. But Why are we doing the petition knowing
that we could be wasting our time and money? Because we strongly feel that ever since
we purchased this business an February 27, 2003 which used to be the Shack, we have
made major improvements and changes to the restaurant that has not only changed the
image of the place but of the whole neighborhood. We understand the implications that
having alcoholic beverages in a patio could bring, but please consider that our location
is completely located in an industrial zone and there is no major residential homes within
a 4 radius mile where we could affect some of those residents. All we want to accomplish
is to have the ability to offer our clients the convenience of eating and drinking outdoors
on a beautiful day or evening and in return profit from higher revenues which will benefit
us all.
Enclosed you will fad illustrations of restaurants that have patios with a permit to dine
and drink alcoholic beverages in Anaheim. The purpose of these illustrations is to point
out to you that you have granted this kind of petitions before and that we hope you would
give us the opportunity to do so also. We are not trying to compare ourselves with any
other establishment, we are just simply trying to help you simples your decision which
we hope it will be in our favor. We really encourage you to come visit our new
restaurant so that you can see for yourself that our location has nothing but a positive
atmosphere with a family oriented touch. Juan Manuel and I have spent many hours of
work and money turning the restaurant around from what it used to be into a beautiful
family oriented Mexican food restaurant serving to major corporations such as Boeing,
Social Services, and many more surrounding us. Many of these clients have emphasized
to us how much they would like to eat outdoors in the patio and drink and many of them
get very disappointed when they ftnd out that there is no eating or alcohol allowed in the
patio.
Continue on reverse
Evez• since Califoz•nia pz•ohibited smokers from smoking inside restaurants, it became a
big concern for restaurants to have an outdoor area for people to smoke. Having
mentioned the above, there is also a big number of people who enjoy smoking while - - --
eating ar drinking azzd this is the major reason we feel that by granting us the permit, our
business can increase enormously
Juan Manuel and 1 are in our early 30's and have worked very hard to get to where we
are now in the restaurant business. We have also done our best to always comply and be
within gzridelines with the lmvs of every government agency We do not intend in any way
to abuse ozrr liquor license privileges, we are simply looking forward for an opportunity
to offer our clients more options and in return for us to create more revenue and survive
in the competitive restaurant industry that we are in.
We have contacted the Alcoholic Beverage Control off ce regarding this petition and they
have expressed no objection to the extension of our license to inclzrde the patio as long as
the city of Anaheim amends the CUP currently existing. ABC has also already contacted
the Police enforcement which did not denied the petition. I hope you would find us
eligible for the petition and reali__>e the opportunity you would create for our business by
granting us the petition to nmend the CUP to include outdoor patio dining and alcoholic
beverages. We understand it hasn't .been approved before but we would greatly
appreciate if you would atleast consider giving us a one year amendment subsequent to
fixture reviews. We really appreciate your time into this petition and hope to hear from
you soon with a favorable response. Thank you so much.
Name of the Business: Xalos Restaurant-Bar/ Garrey Corp:
Sincerely.
Address: 1160 N. Kraemer Blvd, Anaheim, CA 92806 ~---_ _ ~ ~C~C
Existing License type: 47 395877 Tony Garcia
Contact Information: Tony Garcia
Phone # : (7I4) 403-0915 Fax# : (7I4) 632-0350
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STORAGE
Conditional Use Permit No. 3832 Subject Property
TRACKING NO. CUP2003-04745 Date: September 8, 2003
Scale: 1" = 200'
Requested By: KENNETH W. HOLT Q.S. No. 54
REQUEST TO AMEND A CONDITION OF APPROVAL PERTAINING TO A MODULAR
CLASSROOM BUILDING IN CONJUNCTION WITH AN EXISTING PRIVATE SCHOOL.
1557 West Mable Street- Fairmont Private School
s9z
Staff Report to the
Planning Commission
September 8, 2003 '
Item No. 8
8a. < CEQA CATEGORICAL EXEMPTION-CLASS 14 (Motion)
8b. CONDITIONAL USE PERMIT N0,3832< (Resolution)
(Tracking No. CUP2003-04745)
r SITE LOCATION AND DESCRIPTION:
(1) This irregularly-shaped, 2.15-acre property has a frontage of 442 feet on the north side of
Mable Street, has a maximum'depth of 28p feefand is located 420 feet east of the
centerlinecf Loara Street (1557 West Mable Street`- Fairmont. Private School).
< REQUEST:
(2) The petitioner requests to amend a condition of approval pertaining to a previously-
approved modularclassroom building in conjunction with an existing private school.::
BACKGROUND:
(3) The property is developed with a private school (K-12th grade) and has been zoned ML
(Limited :Industrial). The Anaheim Genera(Plan Land Use Element Map designated this
property and surrounding properties for General Industrial land uses. Further, the General
Plan Land'Use Element designates surrounding properties for General Industrial land uses.
DISCUSSION:
(4) Conditional Use Permit No. 3832 (to permit a kemporary modular classroom building) was
approved'for five (5) years by the Commission on April 15, 1996. On April 23, 2001; the
Commission approvers a request to delete a condition of approval pertaining to a time
limitation'rahd further added the following condition:
"3. That prior to June 1, 2002, plans shall be submitted to the Building Division to place the
modular classroom building on s permanent foundation; and that the appropriate permits
shall be obtained "
(5} David R Jackson, President and CE0 of Fairmont Private School, submitted a letter dated
'August 6 2003, requesting an amendmr4ht to Condition No. 3 of Resolution No.
'PC2001-45. The letter states That due to funding problems, an additional;year is needed to
comply with the condition requiring the modular trailer' be placed on permanent foundation.
(6) The modular building: is used as a classroom and is part of the larger Fairmont School
oampus)ocated on both sidesof Mable Street. This edditiohal classroom was needed in
`order to provide space for a teacher's lounge. Assuming that existing site'conditions reflect
'the Commission's previous approval, staff is supportive of the,request.
ENVIRONMENTAL IMPACT'ANALYSIS:
(7) The Planning Director's authorized representative has determined that the proposed project
is Categorically. Exempt under Section 15314 (Minor Additions to Schdols) of the CEQA
Guidelines and is, therefore, exempt from the requirement to prepare additional
environmental documentation.
Sr1124cw.doc
Page 1
Staff Report to the
Plarning Commission
September 8;2003
Item No. 8
GROWTH MANAGEMENT ELEMENT ANALYSIS:
(8)'; The proposed project has been reviewed by affected City departments to determine
whether it conforms with the City's Growth ManagementElement adopted by the City
Council on March 17, 1992. Based'on City staff review of the proposed project, it has been
determined thatlhis project does not fit within the scope necessary to require a Growth
Management Element analysis, therefore, no analysis has been performed.
FINDINGS:
(9); Before the Planning Commission grants any conditional use permit; it must make a finding
of fact that the evidence presented shows that all of the following conditions exist:
(a) That the'proposed use is properly one for which a conditional use permit is
authorized by the Zoning Code, or thatsaid use is'not listed therein as being a
permitted use;
(b) =That the,proposed use will not adversely affect the: adjoining land usesand the
growth and development of the area in'which it is proposed to be locatetl;
(c) ;That the size and shape of the site for the proposed use is adequate to'allow the full
development of the proposed use in a manner not detrimental to the particular area
nor to the peace, health, safety, and general welfare;
(d) 'That the: traffic generated by the proposed use will`not impose an undue burden
i upon the streets and highways designed and improved to carry the traffic in the
area; and
(e) That the granting of the conditional use permit under the conditions Imposed, if any,
will not tie detrimental to the peace, ftealth, safetyand general welfare of the
citizens'of the City'nf Anaheim.
(10) Subsection 18.03.092 of the Anaheim Municipal Code provides for the modification or
termination of a'conditionat 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 lnsuch permit;
(c) That the use for whicfi such approval was granted has ceased to exist or has been
suspendedbr inoperative for any reason for a period'of six (6) consecutive months or
more;
(d) That the permit granted is being, or recently has been exercised contrary to the terms
or conditions of such'approval or in 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 healW or safety, br so as to constitute a nuisance;
Page 2
Staff Report to the
Planning Commission
September 8, 2003 `
Item No:8
(f) That the use for which the approval was granted has not been exercised, and that
based upon additional information ordue to changed circumstances; the facts
necessary to support one or more of the required showings for the issuance of such
entitlement as set forth in this chapter ho 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, afety or general
welfare, or necessary to permit reasonable operation under the conditional use permit
as granted.
RECOMMENDATION:
(11) 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 p~esented'in this staff report, snd oral and written evidence presented atthe
public hearing, the Commission take the followingactions:
(a) By motion, determine that theproject is Categorically Exempt Under Section 15314,
Class 14 (Minor Additions to Schools) of the CEQA Guidelines.
(b) By resolution, aoorove this request to modify Conditional Use Permit No 3832 (Tracking
No. CUP2003-04745) pertaining to the time allotted to placetfie modular classroom
trailer on permanent foundation and to'obtain the appropriate permits based on the
following`.:
(i) That the proposed modification to allow additional time to place the modular
classroom on a permanent foundation and obtain the appropriate permits is
reasonably necessary to allow for operation of the permit as granted.
THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS
AN INTERDEPARTMENTAL COMMITTEE AND ARERECOMMENDED FOR'ADOPTIONBY THE
PLANNING COMMISSION IN THE EVENT THIS PERMITISAPPROVED. ;'
1: That the subject property shall be developed substantially in accordance with plans and
specifications submitted to the City of Anaheim by the petitioner and which plansare on file with
the Planning Department marked Exhibit Nos. 1`ahd 2, andas conditioned herein.
2: That the classrooms replaced by the modular structure shalt be used only for office or teacher's
lounge:
3: That prior to June 1, 2004,plans shall be submitted to the Building Division to place: the
modular classroom building on permanent foundation; and that the appropriate permits
shalFbe obtained.
4: That the approvaFof thls application constitutes approval of the proposed request only to the
extent that tit complies with the Anaheim Municipal Zoning Code and any other applicable City,
State and Federal: regulations. Approval does notinclude ahy action or findings as to compliance
or approval of the request Pegarding any other applicable ordinance, Yegulation or requirement.
Page 3
ATTACHftENT - ITEM tt0, 8
RESOLUTION NO. PC2001-45
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO: 3832,
INCLUDING DELETION OF THE TIME LIMITATION
WHEREAS, on April 15, 1996, the Planning Commission adopted Resolution No. PC96-37
to grant Conditional Use Permit No. 3832 and permit a temporary modular classroom building in
conjunction with relocation of an existing teachers' lounge at 1557 West Mable Street (Fairmont Private
School); and that Condition No. 1 of said resolution specifies that the use is approved for a period of 5
years to expire April 15, 2001; and
WHEREAS, this property is developed with a private school (K through 12'" grade) in the
f.1L (Limited Industrial) zone; and that the Anaheim General Plan Land Use Element designates this
property for General Industrial land uses; and
WHEREAS, the petitiorier has requested reinstatement of this use permit and deletion of
Condition No. 1 pertaining to the 5-year time limitation (which expired on April 15, 2001) to retain the
previously-approved modular classroom building; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on April 23, 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 amendment and to investigate and make
findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself
and in its behalf, and after due consideration of 211 evidence and reports offered at said hearing, does find
and determine the following facts:
1. That the use proposed is properly one for which a conditional usa permit fseut5orized by
the Zoning Code.
2. That the business has complied with the original cohditions of approval, as documented by
the Code Enforcement and Zoning Divisions, and the property is being satisfactorily maintained; and that
without deleting the time limitation, the temporary modular classroom building would notce allowed on
this property.
3. That ell physical aspects of the property remain the same as when thisLse permit was
originally approved; that the surrounding land uses in the immediate vicinity have not changed; and that
there have been no Code violations or complaints associated wikh this business operation and, therefore,
this use (a modular classroom building) has not adversely affected adjoining land uses or the growth and
development of the area.
n. That this use is being exercised in a manner which is not detrimental to the surrounding
areas or land uses, nor to the putilic peace, health, safety and general welfare.
5. That deletion of the time limitation fs necessary to permit reasonable operation of the use
under the use permit as granted.
6. That the size and shape of the site for the use is adequate to allow full development of the
use in a manner not detrimental to the particular area nor to the peace, health, safety and general
welfare.
Tracking No. CUP2001-04342
CR5067PK.doc -1- PC2001-45
7. That the traffic generated by the use will not impose an undue burden upon the streets and -
highways designed and improved to carry the traffic in the area.
8. That reinstating this conditional use permit, under the conditions imposed including
requiring that the modular building be placed on a permanent foundation, will not be detrimental to the
peace, health, safety and general welfare of the citizens of the City of Anaheim.
9. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no cdrraspondence was received in opposition..
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission Etas reviewed the proposal to reinstate th!s use permit and to delete the condition of
approval pertaining to a 5-year time limitation to retain the previously-approved modular classroom
building at 1557 West Mable Street (Fairmont Private School); and does hereby find that the Negative
Declaration previously approved in connection with Conditional Use Permit No. 3832 is adequate to serve
as the required environmental documentation in connection with this request upon finding that the
declaration reflects the independentjudgment of the lead agency and that it has considered the
previously approved 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 reinstate Conditional Use Permit No. 383? to retain the previously-approved modular classroom
building and to delete Condition No. 1 of Resolution No. PC96-37;
AND BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in
their entirety, the conditions of approval of Resolution No. PC96-37, adopted in connection with
Conditional Use Permit No. 3832, to read as follows:
1. 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.
2. That the classrooms replaced by the modular classroom building shall be used only fora "front
office" andlor a teacher's lounge
3. That prior to June 1, 2002, plans shall be submitted to the Buildingbivision td place the modular
classroom building on a permanent foundation; and that the appropriate permits shall be obtained.
4. That approval of this apoliration constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and
Federal regulations. Approval does not include any action or findings as to compliance or approval
of the request regarding any other applicable ordinance, regulation or requirement.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 23, 200E
9~rIQ o1>~6 0~ Jef~ K®o~I
CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
(Original signed by Osbelia Famundson)
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-2- PC2001-45
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss,
CITY OF ANAHEIM )
I, Osbelia Edmundson, 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 April 23, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: CO~`dMISSIONERS: BOYDSTUN
IN WITNESS WHEREOF, I have hereunto set my hand this day of
2001.
lOriginal signed by Osbelia Edmundso~il
SECRETARY. ANAHEIM CITY PLANNING COMMISSION
-3- PC2001-45
ITEM IJO. 9
i
~~~OH RS-A-43,000
RCL 73-7452
CUP 2003-04746
VAR 4405
(VAR 2602)
VACANT
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R
/cy~R ~~~,,~
/ '" ~ '~F, ~°90
1 DU EACH ~ \ ~ N~ ~b~~-44~/
syo f -f"o~ <,,~,,s
VACANT ~~~ 'QT~T~~ ~Y/ ~~•
/ ~ ~ RFFT :rq ~o G,y~,q y ~
~ ~ _ ~
// T2ct No. 13130 <U
/ RS-5000 -~
RCL 68-69-44 ~
/ / R VAR 3679 3 U' RS-5;000
VAR 3679 ~ RCL 76-77-53
1 DU EACH % J~ i DU EACH ~ RCL 65-66-17
N RANDON CIF~~ / Y PASEO DE GRACE iVDU EACH
/ __~~_ J
/ RS-A-43;000 RS-A-03,000
~ RCL 68-69-04 RCL 68-69-44
VAR 3879 1 DU
/% 1 DU
/~ w
,/ ~ o RS-5000
~// w ~ Tract No, 7676 Q-
RS-A-43,000 j U RCL 68-69-32 (1) U~
ORCHARD ELEMENTARY ~ RCL 65-66-17 Qi
SCHOOL ~- 1 DU EACH p
U ~U
ALL PROPERTIES ARE IN THE (SC) (SCENIC CORRIDOR OVERLAY) ZONE 2 .~
Conditional Use Permit No. 2003-04746 (READVERTISED)
,f .,< Subject Property
Date: Septemher 8, 2003
Scale: 1" = 200'
Requested By: DR. STEVEN DUNBAR Q.S. No. 170
REQUEST TO CONSTRUCT A VETERINARY HOSPITAL AND ANIMAL BOARDLNG FACILITY
WITH WAIVERS OF: (A) MAXIMUM FENCE HEIGHT
(B) SIGNS PERMITTED IN RESIDENTIAL ZONES
(C) MAXIMUM STRUCTURAL HEIGHT
(D) MINIMUM FRONT YARD SETBACK
(E) MINIMUM SIDE YARD SETBACK
5055 East Short Street es4(zoo3-a2s)
Staff Report to the
Planning Commission
September 8, 2003''
'Item No.`9
9a. CEQA NEGATIVE DECLARATION (Motion)
9b. WAIVER OF CODE REQUIREMENT (Motion)
9c. <CONDITIONAL USE PERMIT NO. 2003-04746 i (Resolution)
SITE LOCATION AND DESCRIPTION:'
(1) This irregularly-shaped 0.46-acre property is located at the northwest corner of Kellogg
?Drive and Short Sheet with frontages. of 80 feet oh the west side of Kellogg Drive,' 224 feet
`on the north side ofShort Street, and 340 feet on south side of the off ramp of the Richard
Nixon Freeway (5055. East Short Street).
REQUEST:
(2) .The petitioner requests approval of a conditional use permit untler authority of Code
> Section 1821.051).030 to construct a veterinary hospital and animal boarding facility with
waiver ofthe following:
(a) SECTION NO. 18.04.043:101(a) Maximum fence heioht.
(3-foot hiohpermitted within the required
front yard settiack; 6-foot high proposed)
(b) SECTION NO.'18.05.080.030 Signs permittead in residential zones
(One 20 s.f. identificatioh sion perstreet
frontaoe with a max: height of 4 feet for
mohumentisigns andnb closer than 7 feet
to'the public r-o-w permitted: 41 s.f. wall
Sian, and 50's.f.. 6-foot high monument
sign proposed).
(c) SECTION NO. 18.21.062:010 Maximum structural height.
(DELETED).
(d) SECTION NO. 18.21.063.010 Minimum front vard settiack
25'feet required, 7_5 feet to 16 feet
proposed).
(e) SECTION N0: 18.21:063.020 Minimum side vard setback.
(10 feet required; 0 feet proposed at north
property line):`
"BACKGROUND:
(3) This property is vacant and is zoned RS-A-43, 000 (Residential/Agricultural). The Anaheim
General Plan Land Use Element Map'designates this property for Low-Medium Density
residential land uses:
(4) Surrounding General Pian land use designations are as follows:
Direction GenerafPlan Desi nation
North and East Ci of Yortia Linda
Sbuth and West Low-Medium Densi Residential
Sr5039jr
.Page 1
Direction I Proposed Code-required Proposed ':Required
Building/Structural Building Landscape Areas Landscape:
Setback"" i Setback Areas
North (adjacent Varies from 0 feet to 10 feet. Varies from 3 feet None
to Richard i 16.5 feet ` to 10 feet
Nixon Freewa
:East (adjacent Varies from 7.5 feet 25 feet Varies from,0.feet None
to Kellogg > to 22 feet r to 9 feet
'Drive
South Varies from 13 feet 10 feet Varies from 15 None
(adjacent to: to 16 feet feet to 36 feet
Short Sheet
'West (abutting Varies from 138 feet 25 feet Varies from O'feet None
'single famiry to 192 feet to 21 feet
residential) j
"As measured from proposed ultimate right-of-way.
Page 2
Staff Report to the
Planning!Commission
September 8, 2003
Item No. 9`
(8) The site plan (Exhibit No. 1) indicates a new two-story, 9,534 square foohveterinary
:hospital building located on the easterly portion of the propertyadjacent to Kellogg Drive.
There would be two animal play yards along the north property line adjacent to the freeway
'off-ramp, and two customer waiting patio areas, one`along the east property line (adjacent
to Kellogg: Drive) and'one along' he south propertyJine (adjacent to Short Street)'The site
plan shows a decorative pavement treatment at theentrance of the parking area, the
proposedlocation of he trash enclosure adjacent to the northerly property line, and several
'combination block walls with wrought iron fencing proposed around the new building for the
`construction of pedestrian pathways and patio areas: The site plan further indicates the
:'existing and proposed right-of-way lines along Kellogg Drive and Short Street.
(9) A 25-foot wide driveway from Short StreeEwould provide vehicular access to the property.
Plans indicate 24 on-site parking spaces. Code does not specify a minimum number of
:required parking spaces for veterinary hospitals. The submitted parking study indicates a
demand of 18 spaces at peak' use. Thepetitioner has provided a total of 24 on-site parking
paces as indicated in the parking studyand as recommended'by the City Traffic and
Transportation Manager.
(10) The floor plans (Exhibit Nos. 2 and 3) for the proposed building'indicate that the firstfloor
would contain a lobby and reception area, comfort room, restrdoms, four exam rooms, and
a surgicaftreatmenfareawlth scrub and pack and radiology areas. The first floor would
also contain an isolation and necropsy area, three animal wards, food preparation and
`janitorial rooms, and'doctor's office. The second floor would contain 18 luxury animal
`suites, iwo'catteries and dog daycare, a night attendant post, break room,: restroom; and
'grooming centerwitfiassociated storage.
(11) Elevation plans and a materials board (Exhibit Nos. 4, 5 and 6)'indicate anew
contemporary ranch'style building 30 feetl0 inches high (code`permits a'maximum`
building height of 30 feet). The'building would incorporate the use of gable and dormer
Foot elements with an asphalt shingle roof designed to mimic wood shingles consistent with
ranch style design (Owens Corning Oakridge Pro 50 Deep Shadow Asphalt Shingles -
Brownwootl Weathergard HP).' Every building elevation would`hcorporate the usecf
ledgestone treatment (EI Dorado Stone Wainscot Veneer Idaho Drystack Custom Blend
'with variegated Tan and Grey mix) and solid core horizontal sfiplap siding (Behr Color
'Canyon View #ECC=20-1 P). The north elevation (facing the freeway) would contain an
exterior stairway, rear entrance/exit doorways, mechanical screening, and associated
signage. The west elevation (facing single family residential and the parking area) would
contain the main entrance to the facility as well as one utility entrancelexit; Both the south
`and east elevations!(facing Short Street and KelloggDrive respectively) would contain not
'only the dormer and`gable roof elements,'but would also architecturally incorporate
'decorative'metai accent awnings (Behr Color Obsidian Stone #ECC-253D), and
'associated accent window trlmand fascia to match he color palette of the building.; At the
:northeast corner of the buildinglthe structure includes a curved barrel treatment, wftich
consists of a smooth`plaster finish (Behr Color Canyon View #'ECC-20-1,P).
(12) The conceptual landscape plan (Exhibit No. 7) indicates proposed front yard setback
landscaping consisting of four small columnar trees;!two smalftlowering rees, and'
''associated shrubbery and groundcover. The side yard landscaping along. Short Street
'includes eight small'columnar trees, nine'multi-trunk trees, one'flowering tree, and
associatetl shrubbery and grourtdcover. Parking lot andscaping includes'three landscape
fingers and perimeter parkinglot landscaping containing ten accent trees with associated
shrubbery and grouhdcover. Screening shrubs are proposed along the front of the trash
..Page 3
Staff Report to the
Planning Commission
September 8;.2003
Item No. 9
enclosure facing the parking lot area in compliance with Code. Two additional landscaped
areas are proposed (one adjacent to the driveway entrance and one adjacent#o the west
side of the building) containing five gees (foursmall columnar trees'and one multi-trunk`
tree).: and associated shrubbery andjgroundcover. Code'requires a minimum'bf one (1)
tree per every wenty (20) feet of sheet frontage to be planted in the landscape area
adjacent to the treet frontage (4 trees on Kellogg Drive and 11 trees on Short Street), as
weltas at leastione (1) tree per three thousantl (3,000) square feetof parking!area and/or
vehicular accessways distributed throughout the parking. area (20,t7813000,square feet =
7 trees). A planter area of forty-eight (48) square feet per tree is required, with a minimum
planter dimension of five (5) feet separating every ten parking spaces.
(13) The'elevation plans (Exhibit No. 4) and a conceptual monument sign plan (Exhibit No. 8)
indicate one wall sign to tie locatedon the north elevation of the building facing the
freeway, and two commercial identification signs to be located within the proposed
landscaped area along Kellogg prive. The wall sign would consistbf internally-illuminated
channel lettering and would be approximately,41 square feet in size. The proposed
commercial identification sign facing southbound traffic on Kellogg Drive would consistof
an insignia offhree animal paws and would be located on a six-foot: high decorative block
wall oriented perpendicular to Kellogg Drive, and would be approximately 16 square feet in
size;: and illuminated by extemal accent lighting. The proposed commercial identification
signfacing northbound traffic on Kellogg Drive would consist of three animal paws and ''
associated wording identifying the name of the veterinary hospital and would. be locatedon
the same six-foot high decorative block wall oriented perpendicularao KelloggDrive. it
would be approximately 50 square feet in size,' and illuminated by extemal accent lighting
as well. The Code permits one lighted or unlighted sign of a maximum of twenty square.
feet jn area, identifying any on-site uses permitted in the zone in which the property is
located. When frontage on more than one street exists, one such sign maybe permitted
on each additional street frontage (two signs allowed for this facility). Such sgnage may
be placed on the building below the'roof level or, if freestanding, shall be monument type
not exceeding four feet in height as measured'from the ground upon which the sign is
constructed, and not closer than seven feet to'any public'right-of-way. The maximum ',
number of signs per street frontage may be increased to two, provitled such signs are
incorporated into entry monument walls placed on eithefside of a main driveway entrance.
(14) The submitted etter of operation indicates the facility would operate as a full service
veterinary medical center offering medical, surgical, dental, preventative medicine, and
diagnostics for'small mammals, birds, reptiles;: and amphibians. The petitioner has
indicated no equine or bovine animals would tie served at this facility. The hours of
operation for the facility would be 7 a.m. to 9 p.m. Monday througfi Friday, and 8:00 a.m to
5:00: p.m. Saturday and Sunday. The petitioner also indicates that effective sound control
mitigation techniques would be incorporated into the construction of the building (sound
attenuating vestibules, sound rated walls, proper insulation, and mechanical bafFles) in
order to reduce the impact of potential noise sources on urrounding neighborhoods.°All
dog ward and run areas would be located within the building. The air handling systems'
would be constructed to reduce noise and the emission'of odor to the outdoors.
Additionally, all' animal waste would be deposited into specifically designed receptacles
that would connect to thesanitary sewer system on site.!.The petitioner has indicated that
this facility would not respond to emergency calls for animal treatment or for carcass pick-
up. There would be 8 to 12 employees for the hospital and boarding operation. The facility
is designed to support 2 to 3 doctors and at full capacity. would serve no more than 6 to 8
clients at any one time. `One attendant would be on duty,throughout the nightfor the
animal boarding portion of the business operation.
Page 4
Staff Report to the
Planrting Commission
September 8, 2003 i
Item Not 9
ENVIRONMENTAL IMPACT ANALYSIS;
(15) 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 bythe
Planning Commission that theNegative Declaration reflects the independentjudgment of
.the lead agency; andlthat it has considered the proposed Negative peclaration 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.
GROWTH MANAGEMENT ELEMENT ANALYSIS:
(16) The proposed project has beert,reviewed by affected City departments to determine
:whether itconforms o the Citys Growth Management Element adopted:. by the CityCouncil
on March;l7, 1992. Based on, City staff review of tfie 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:
(17) Veterinaryhospitals and animal boarding facilities are permitted within the RS-A-43,000
.Zone subject to the approval ofa conditional use permit. Staff is supportive of the
'proposedLse and feels that the design of the new building would be compatible with the
'surrounding residential land uses. Notwithstanding the waivers indicated below, the
proposedproject complies with' he development standards set forth in the RS-A-43,000
.'Zone for non-residential development. Because the proposed animal hospital would be In
blose proximity to single familyresidentiatneighborfioods, staff' has included conditions of
.approval prohibiting outdoor events and the placement of banners at the:facility for`any
type of promotional event. Staff has also jncluded a condition of approval requiring the
applicant tb submit a;parking lot lighting plan to ensure proposed lightingiwould be directed
`and shielded to eliminate any impact to nearby properties. In addition to hese conditions,
`staff has f~cluded conditions pertaining to site landscaping, roof mounted equipment, as
`well as property maintenance. ;As conditioned, staff believestfte proposed use would not
adversely affect adjacent and surrounding properties, and believes thatitFie integrity of the
residential neighborfibodswoind not be compromised, Because the site!is adequate to
accommddate the veterinary hospital and animal boarding facility in a manner not `'
detrimental to the area, staff recommends aoorova6'of this project.
(18) Waiver (aj pertains to maximum fence height within the front yard setback. Code requires
`that any fence located within the front setback along' Kellogg. Drive shall'be no more than 3
feet in height. The submitted'site plan indicates a 6-foot hioh combination block wall and
wrought iron fence within the required front yard setback. Theiproposed fence would be
located from 0 to 8 feet from the front (east) property line (along KelloggDrive). The
proposed fence and wall would be located on a new retaining wall and would enclose an
;'open patio and walkway alongthe building front. The Planning. Commission maywish to
:note that Variance No. 2000-04405 (to waive permitted encroachment into required yard
and required street improvements) to construct asix-foot higftblock walliwas approved by
the Planning Commission on August 28,2000. Because of the severe change in
:..topography from the right-of-way and thebuilding pad elevation, staff recommends
a~orovai of this waiver.
Page 5
Staff Report to the
Planning Commission
September 8 2003
Item No. 9
(19) Waiver (b) pertains to permitted signs within residential zones. Code permits'one lighted
or unlighted sign of a maximum of twenty square feet in area, identifying anybn-site use(s)
permitted in the zone in which the property is located. When frontage on more than one
street exists, one such sign may belpermitted'on each additional street frontage (two signs
allowed for this facility). ;:Such signage may be placed onl3he building below the rooflevel
or, iffireestanding, shall tie monument type not exceeding four feet in height as measured
from the ground upon which the sign is constructed, and not closerthan seven feet to any
public right-of-way. The maximum number of'signs per`street frontage may be increased
to two, provided such signs are incorporated into entry monument walls placed on either
side'of a main'driveway entrance, The proposed wall sign would provide identification for
freeway traffic:: Commercial sign standards would allow fora 264 square footwall sign:;
The proposed'41 square-foot wall sign is onlyil5% of the size commercial signage would
be'allowed in this same situation. Because the sign is much smaller than what would be
allowed by right for commercial businesses, and because the sign''faces the freeway and is
noforiented towards adjacent and surrounding residential properties, staff believes thaf a
significant hardship exists and recommends approval of this portion of the requested
waiver. The proposed double-sided (50 square feet on one side and 16 square feet on the
other') is closer to the property line and is taller that what would be allowed by Code. The
Planning Commission may wish to note that the actual sign heighf is four feet (the wal(is
six feet in height) and thepetitioner is working with the Real Property Division of the Public
Works Department in the relocation and reconfiguration of the ultimate right-of-way along
botfi Kellogg Drive and Short Street: The petitioner has agreed to revise the proposed
monument signs to reflect a reduction in the overall sign`size. Stafflhas included a
condition of approval requiring final sign plans to be submitted for review and approval by
Zoning Division staff. The existing and new right of way configuration is irregular and the
topography varies significantly along Kellogg`Drive, presenting a significant hardship in
placing the monument signage in conformance with code: Staff recommends aooroval'of
this waiver in its entirety due to the special circumstances pertaining to the location bf the
subject site as it relates to the configuration ofthe lot and topography along this portion of
Kellogg Drive, ;
(20) Waiver (c) pertaining to maximum structural height has tieen deleted.
(21) Waiver (d) pertains to minimum front yard setback. Code requires a minimum front yard
settiack of 25 feet along Kellogg Drive and a setback of 7,5 feet to 16 feet is proposed:' In
order to minimize the impact of thefacility on adjacent residential properties, he building
would be located at the eastern portion of the'property. The existing topography and
location of an existing culvert and proposed storm drain'at the center of the property limit
the placement of the building on the;property. ;Due to the topography and development:
constraints, which do not apply to other similarly zoned properties within the vicinity, staff
recommends approval ofithe waiver:
(22) Waiver (e) pertains to minimum side yard setback. Code requires a minimum. side yard:
setback of 10 feet and no'setback is proposed for the trash enclosure along the freeway.
off-ramp. The building itself complies with the Code. This waiver pertains only to the
location of the.trash enclosure. Theproposed on-site circulation and access; combined`
with'the proposed location of the building, limiEthe placement of the trash enclosure in a
manner that both complies with theminimum required side yard setback and'ensures that
the enclosure is screened properly from surrouhding residences and not identifiable from
adjacent streets and highways. The site design and access, as well as the configuration of
the property create a hardship with regard to tfie relocation of the trash enclosure. The':':
proposed trasfi'enclosure`as vieweri from the Kellogg Drive Freeway off-rampwould
effectively be an extension of the proposed screen wolf and would tie indistinguishable
Page 6
Staff Report to the
Planning Commission
September 8, 2003
Item No: 9
from traffic along this off-ramp.; Due to these hardships, staff recommends approval of the
r waiver.
(23) Staff has received a total of eight (8) a-mails and phone calls from area residents in
oppositioh to the proposed veterinary hospital. Primary concems relate to the nature of the
commercial use within a residential areaes well as issues of traffic congestion and afety
(Esperanza High School is nearby), lighfand glare;;and ambient noise. `Although he
proposed veterinaryhospital is commercial in nature, this type"df operation is muoh less
:.intense than a traditional commercial use (retail, restaurant, etc.). The maximum vehicle
trips generated perhour at fuli'use would!be approximately eight trips, which would have
no significant impact on the level of service of the ihtersectloo at Short Sheet and Kellogg
Drive; and: because the use i5 proposed at the gateway of a residential neighborhood on a
secondary arterial, there would<be little impact on local neighborhood streets. The City
'conducted data collection in October 2002, and performed a traffic signal warrant analysis
'at this intersection.'A traffic sighal would'only be installed if an intersection meets the
minimum criteria established by State acrd other professional transportation engineering
organizations. The intersectiomof Short Street and'I<ellogg Drive currently does notmeet
these requirements.': Traffic volume on the minor street (Short Street) only meets ti3% of
'the required volume: In addition "Accident Experience" warrant has not tieen meL' The
.'accident warrant is met when an intersection experiences 5 or more accidents within a 12-
month period. Noeccidents have occurretl at this intersection within thelast 12 months.
(24) With regard to light and noise, the applicant is required to submit a lighting study to ensure
ho spiilove~ onto adjacent residential properties, will contain all+'activities within the
proposed building, and have included sound-rated walls into the construction design of the
building. !Staff understands the"concems expressed by area residents and believes the
proposed project addresses these concems. The Commission should note that project
plans were sent to the City of Yorba Linda Planning bepartment for review and comment.
The feedback provided by the City of Yorba Linda was limited to design elements (using
48-Inch box trees torsoften the. building elevation, the use of bollard lighting to reduce
?glare) that would further mitigate any potential impacts on surrounding properties.
FINDINGS:
(25) .When practical difFculties or uhnecessary hardships'result from strict enforcement of the
Zoning Code, a modification may be granted for thelpurpose'of assuring hat no property,
because of special circumstances applicable to it, shall be deprived of privileges commonly
enjoyed by other properties in the same vicinity andzone. The sole purpose of any node
waiver into preventdiscriminetion and none shall be approved which would have the effect
of granting a specialprivilege not sharetl by other similar properties. Therefore, before any
:code waiver is granted by the. Planning Commission; It shall tie shown:
(a) That there are special ctrcumstances applicable to the property such as size, shape,
topography, ovation or surrountlings, 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.
(26) Before the Planning Commission grants any conditional use permit, it must make a finding
of fact that the evidence presented shows that all of the following conditions exist: °
Page 7
Staff Report td the
Planning Commission
September 8 2003
Item No. 9
(a) That the proposeduse is properly one for which a' conditional use permit is
r authorized by the Zoning Code, or that said use isnot listed therein as being a
permitted use;
(b) ; That the,proposed`use will not adversely affect the adjoining')and uses and the
growth and development of the area in which it is proposed o be located;
(c) That the!size and shape of the site for the proposed use is adequate to allow the full
development of the proposeduse in a manner nofdetrimental to the particular'area
nor to the peace; health, safety, and general welfare;
(d) That the traffic generated by the proposed use will not impose an undue burden
upon the streetsand highways designed and improved to carry the traffic in the
area; and
(e) i That the' granting of the conditional use permit under the conditions imposed, if any,
will not be detrimental to the peace, health, safetyand general welfare of the
citizens: of the City: of Anaheim.
RECOMMENDATION:!
(27) Staff recommends that unless additional or contrary information is received during the
meeting, and tiased upon the evidence submitted to the Planning Commission, including
the evidence presented in this staff report, and oral and written evidence presented at the
putilic hearing, tall recommends that the Planning Commission take the following actions:
(a) By motion, approve the CEQA Negative Declaratidn.
(b) By motion, approve waiver (a) pertaining to maximum fence height, waiver (b)
pertaining to permitted signs within residential zones, waiver (d) pertaining to
minimum front yard setback,'and waiver (e) pertaining to minimum side yard setback
,' based on the following:
(i) That waiver (a) pertaining to maximum fence height within the street
setback should be approved since the severe change in topography
between the right-of-way and the building`pad elevation creates a significant
hardship on the property.
(ii) :That waiver (b) pertaining to perritted signs within residentiatzanes should
be approved because the wallsign proposed is much smaller than what
'wouldbeallowed by right for other commercial businesses, and because
the sign faces the freeway and would have no impact on adjacent and
!surrounding residential properties. That the existing and new: right-of-way
configuratidn is irregular and the topography varies;significantly along
Kellogg Drive, presenting a significant hardship in placing the monument'
c ignage in conformance with code.
(iii) That waiver (d) pertaining to minimum front yard setback should be
'approved because in order to minimize the impact of the facility on adjacent
residentiafproperties, the building wouldbe located at the eastern portion of
the property. Additionally, the existing topography and location of an
'existing culvert and proposed storm drain at the center of theproperty would
limit theplacement df the building on the property. ;:
Page 8
:.Staff Report to the
Planning Commission
September 8, 2003
item No. 91
(iv) That waiver (e) pertaining to minimumside yard setback should be
approved because the proposed on-site circulation and access, combined
with`tFre proposed location of the building, limit the placement of the trash
enclosure in a manner that both complies with the minimum required'side
yard setback and'ensures that the enclosure isscreened properly and not
- identifiable from nearby residences, adjacent streets and. highways.
Additiohally, the'proposed trash enclosure as viewed from the Kellogg Drive
freeway off-ramp Would effectively bean extension of the proposed screen
waltand would tie indistinguishable from traffic'along this off-ramp.
(c) By motion, dehv waiver (c) pertaining to maximum structural height`since it has
been deleted.
(d) By resolution, approve Conditional Use Permit No. 2003-04746 (to"construcf a
veterinary. hospital and animal boarding facility) based on the following:
(i) Thakthe proposed use is properly one for which a conditional use permit is
authorized by the Zoning Code for the CL Zone.
(ii) ' 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 because the site design and location of the proposed building; and
the architectural features ncorporatetl into the project are such that the
adjacent and surrounding properties would not tie significantly affected.
(iii)!' That the size and shape of the site forthe proposed use is adequate to
allow the full developmenfof the proposed use in a manner not detrimental
to the particular: area nor to the peace, health, safety, and general welfare
because the proposed veterinary hospital is adjacent to the SR 90 Freeway
and Kellogg Drive (Secondary Arterial) and, with he exception of the above
waivers, complies with the'provisions set forth in the Code:'
(iv) That the traffic generated by the proposed construction and use would not
impose an undue burden'upon the'streets and. hghways'designed and
improved to carry traffic in the area' due to the fact that the operation would
generate an average of six to eight trips per hour to the site during business
hours.'.
(v) That the proposed use, as conditioned herein, would not adversely affect
the adjoiningJand uses and the growth and development of thisarea based
on the site's proximity to the SR 90'Freeway and Kellogg Drive, as well as
being located at the edge`of a residential neighborhood;°and as conditioned
herein, the site design and business operation would be compatible with the
adjacent and surroundingsresidentialproperties.
Page 9
Staff Report to the
Planning Commission
September S`(2003
Item No. 9
THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS'ACTINGAS
AN INTERDEPARTMENTAL COMMITTEE AND ARE RECOMMENDED FOR ADOPTION-BY THE ,
PLANNING COMMISSIOIJ IN THE EVENTTHAT THIS PERMIT ISAPPROVED;
1. That special events shall not be permitted and no banners or other temporary or portable
advertising devices shall be allowed at any ime.
2. That the petitioner shall'submit alighting plan for review and approval by Zoning Division
staff. Any decision made by the Zoning Division regarding said'plan may be!appealed to
the Planning Commission, and/or,City Council. Said information shall be specifically
shown on plans submitted for building permits.
3. That the petitioner shall ubmit a final sign plan for review and approval by Zoning
Division staff:: The final;sign plan shall reflect a reduction in size bf the proposed
monument signs to be More consistent with' he Zoning Code. Any decision made by he
Zoning Division regarding said plan may be appealed to the Planning Commission,
and/or City Council Said information shall tie specifically shown'on plans submitted for
building permits.
4. That all roof-mounted equipment shall be completely screened from visibility from
surrounding propertiesstreets and the SR-90 (Richard Nixon Freeway)..: Said
information shall be specifically shown on plans submitted for building permits.
5. That the property shall tie permanently maintained in an orderly fashion by providing
regular landscape maintenance, removal of rash or debris, and removal of graffiti within
twenty-four (24) hours from time of occurrence.
6. That no required parking area shall be fenced or otherwise enclosed for outdoor storage
uses.
7. That a landscape plan for the entire site, indicating type, size and location of proposed':
lantlscaping'and irrigation, shall be submitted to the Zoning Division of the Planning
Departmenffor reviewand approval. Any decision made by the Zoning Division regarding
said plan maybe appealed to the Planning Commission, andlor City Council. Said
ihformation shall be specifically shown on plans submitted for building permits. This
landscape plan shall ihcfude the following:
a. A minimum of four 24-inch boz evergreen trees onkellogg Drive and eleven, 24-inch
box evergreen trees on Short Street.
b. < A minimum of seven 24-inch box evergreen trees: distributed throughout the parking
area with: associated planter areas.
c. Fast growing vines;planted on the proposed screen wall along the Kellogg Drive off-
ramp of the SR 90' (Richard Nixon) Freeway.
8. That any tree: and/or landscaping planted on=site shall be replaced in a timely manner in
the event that it is removed, damaged, diseased and/or dead.
9. That the water backflow equipment shall be above ground, outside of the street setback
area in a manner fully screened from all public streetsand alleysi Any other large water
system equipment shaltbe installed to the satisfaction of the Water Engineering Division
in either underground vaults or outside of the street setback area in a manner fully
screened from all public streets and alleys.: Said information shall be specifically shown
Page:10
Staff Report to the :
Planning,Commission
September 8, 2003
`item No. 9
on plans'and approved by Water Engineering and'Cross Connection Inspector before
submittal for building permits!
10. That since this project has a landscaping. area exceeding 2,500 square feet, a separate
irrigation meter shall be installed and comply with' City Ordinance No. 5349 and CFiapter
10.19 of Anaheim Municipal Code. Said' information shall be specifically hown on'plans
- submitted for building permitsc'
11. That trash storage areas shalt be provided and maintained irta location acceptable to the
Publid Works Department, Streets and Sanitation Divlsion'and in accordance with :
approvedplans on file with said Department. Said storage areas shall be designed,
located and screened so as not to be readily identifiable from: adjacentstreets or
highways: The walls of the storage areas shall beprotected from graffitopportunities by
the use of plant materials such as minimum 1-gallon size clinging vines`planted on`
maximum 3-foot centers or tall shrubbery. Said information`shall be specifically shown
on the'plans submitted for building permits.
12. That a plan sheet for solid waste storage: and collection and a plan for recycling shall be
submitted to the Public Works Department, Streets antl Sanitation Division for review and
j approvals
13. 'That an on-site trash truck tum-around area shall be provided per Engineering Standard
Detail No. 610 and maintained to the satisfaction'oftha Public Works Department;:
Streets ahd Sanitation Division. Said tum-aroundarea shall be specifically shown on
plans submitted for building permits.
14. That plans shall be submitted to the City Traffic and Transportation Manager for his
review and approval showing conformance with ttie current version of Engineering
Standard Plan Nos. 436, 601 and 602 pertaining tp parking standards and driveway
locationsi Subject property shall thereupon be developed and maintained in
conformance with said plans.
15. :That all driveways shall be constructed with ten (10) foot radius curb returns as required
by tha City Engineer in conformance with Engineering Standard No. 137, Said
information shall be specifically shown on plans submitted forbuilding permits.
16. That the legal property owner shall submit an application for a Subdivision Map Act
Certificate of Compliance to the Public Works Department, Development Services'
Division. A Certificate of Compliance or Conditional Certificate of Compliance sfiall be
approved by the City Engineed and recorded in the Office of the Orange CountyRecorder
prior to issuance of a building`permit.
17. That the developer shall submit evidence that the Yorba Linda Water District will provide
sanitary sewer service to the proposedilevelopmerlt,
18. That prior to issuance of grading permit, the applicant shall submit a Water Quality:
Management Plan;(WQMP) specifically identifying he post construction best
management practices that will be usedbn site to control predictable pollutants from
storm water runoff.'The WQMP shall be'submitted3o the Public Works Department,
Development Services Division for review and approval.
19. S That the legal property ownershall provide the City bf Anaheim (Electrical Engineering
Division) with an easement to be determined as electrical design is completed for'.'
Page 11
Staff Report to the
Planning Commission
September 8,2003
Item: No. 9
electrical service lines. Said easement shall'be submitted to the City of Anaheim prior to
connectioh of electricalservice.
20. That any required relocation of City electrical: facilities to be at developer's expense.
Landscape and or hardscape screening of all pad-mounted equipment shallbe required.
21. That the petitioner shall be required to pay for' an underground line extension from the
nearest electrical source that has the capacity to serve the project's electrical loads.
22. That the installation of streetlights shall be required along Short Street.
23. That 4-foot high address numbers shall be displayed on the roof in a contrasting color to
the roof material. The numbers shall not bevisible from the view of the street or adjacent
properties. Said information shalt be specifically shown'on plans submittedfor Police
Department'CommunityServices Division approval.
P4. That the applicant shaltfile an Emergency Listing Card,.. Form APD-281, with the Police
:Department.
25. That subject property sfiaii be developed substantially in accordance with plans and
specifications submittedto the City of Anaheim by the'petitioner and which'plans are on
file'with the Planning Department marked Exhibit Nos. T through Z and as conditioned'`
herein.
26. That this facility shall not be available for after-hours emergency service and'shall not be
available for animal carcass pick-up. This facility shall also not provide service for equine
and bovine animals or any wild animal that would be dangerous to' he nearby residents.
27. That plans submitted for: building permits shall reflect a reduction rn the building height to
a maximum height of 30 feet.
28. That the property owner shall submit a letter requesting termination of Variance
No. 2000-04405 (to waive permitted encroachment into`required yard and required street
improvements) to the Zdning Division.
29. That prior to issuance of a building permit, or within a period pf one (1) year from the date
of this resolution, whichever occurs first, Condition Nosz2, 3, 4, 7 9, 10, 11' 12, 13, 14,
15,:.16, 17, 18 19, 21,23, 24, 27 and 28, above-mentioned, shatl'be complied with.
Extensions for further time to complete said conditions maybe granted in accordance
with Section :18.03.090 of the Anaheim Municipal Code.-
30, That prior to final building and zoning inspections, Condition Nos. 22 and 25,`
above-mentioned, shall'be complied with.
31. That approvatbf this application constitutes approval ofthe proposed request only to the
extent that it complies with the Anaheim Municipal Zoning Code and any other applicable
City, State and Federaf regulations: Approvaldoes notrnclude any action dr findingsas
to complianceor approval of the request regarding any other applicable ordinance,
regulation or requirement.
Page 12
ATTACHMENT - ITEM N0. 9
PETITIONER'S STATEMENT OF
JUSTIFICATION FOR VARIANCE/CODE WAIVER
(NOT REQUIRED FOR PARKINO WAIVER)
REQUEST FOR WAIVER OF CORE SECTION: ~ ~ ~~°i ~ O V 3 ~ ~ ~ (~t~
A se crate stppfement is regyi~~ed for each Code ova'ver
PERTAINING TO: /l?lG!XIN'I v~ ___RQUyhf = ~ (_.P~in~ee /l/a_l~0 !/iJ`71/n _ %~Csi<t~¢~
Sections ]8.03.040:030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or-Code waiver may be
eranted by the Zoning Administrator or Planning Commission, the following shall be shown:
That there are special circumstances applicable to the property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical zoning classification in the vicinity; and
2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges
enjoyed by other property under identical zoning classification in the vicinity.
In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to
arive at a decision, please answer each of the following questions reearding the property for which a variance is sought, fully
and as completely as possible. If you need additional space, you may attach additional pages.
` ~
3. Do the special circumstances applicable to the proppertJyty deprive it of privileges curently enjoyed by neighboring
properties located within the same zone? 9~yes ~T`Io
If your answer if "yes," describe the special circumstances:
Were the s ecial circumstances created by causes beyond the control of the property owner (or previous property
owners)? Yes _ No
EXPLAIN:
0
The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be
approved ich would have the effect of granting a special privilege no[ shared by other property in the same vicinity and zone
which is o otherwise expres authorized by zone regulations governing subject property. Use variances are not permitted.
ignat ~1 o erty Owner or Authorized Agent ~ to ~
376?SDECEMBER 12, 2000
CONDITIONAL USE PERMITNARIANCENO.
Juslifica[ion Waiver. dot
Are there special circumstances that apply to the property in matters such as size, shape, topo,aphy, location or
surroundings? ~' Yes _ No.
Are the special circumstances t at apply to the property different from other properties in the vicinity which are in the
same zone as your property? ~ Yes _ No
ATTACHMENT - ITEM N0. 9
PETITIONER'S .STATEMENT OF
JUSTIFICATION FOR VARIANCE/CODE WAIVER
(NOT REQUIREDKFOR PARKING WAIVER)
REQUEST FOR WAIVER OF CODE SECTION: ~ ~ ~ US ~ ~, ~ 1 b Jib
' (A separate stateme t is requi~[,ed for each Code waiver)
PERTAINING TO: SC-~ltrJ ~i/vhiY~~/f~_ ~4 f'_~P/J
Sections 18.03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver may be
granted by the Zoning Administrator or Planning Commission, the following shall be shown:
That there are special circumstances applicable to the property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical zoning classification in the vicinity; and
2. Thal, because of such special circumstances, strict application of the zoning code deprives the property of privileges
enjoyed by other property under identical zoning classification in the vicinity.
In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to
arive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully
and as completely as possible. If you need additional space, you may attach additional pages.
Z. Are the special circumstances that apply to the property different from other properties in the vicinity which are in [he
same zone as your property? Yes _ No /~/ ~ y'
If your answer is `'yes," describe how the property is different: /l l ~S ~i~.Y/?-~1`'9 (S /yJ% f~ I;1,~t/~1 ~.
Do the special circumstances applicable to [he property deprive i[ of privileges currently enjoyed by neighboring
properties located within the same zone? _Yes No
If your answer if "yes," describe the special circumstances:
4. Were the special circumstances created by causes beyond the control of the property owner (or previous property
owners)? _~Yes _ No
_., n L n ,.i _ 1
EXPLAIN: %/7f. /'H~D7.-/li ~wN~'L ifil> /VU L~N7_/TU( U/ /l./~ ~rv/
The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be
approved whj h would have the effect of granting a special privilege not shared by other property in the same vicinity and zone
which is no / therwise ex'reAss y authorized by zone regulations governing subject property. Use variances are not permitted.
Vf ~ ~ ~~
S', at rty Owner or Authorized Agent ate
376?SDECEMBER 1?, 2000
CONDITIONAL USE PERMITNARIANCE NO.
Justification Waiver. dot
Are there special circumstances that apply to the property in matters such as size, shape, topography, location or
suroundings? V_ Yes _ No.
ATTACHMEIJT - ITEtt N0. 9
PETITIONER'S STATEMENT OF
JUSTIFICATION FOR VARIANCE/CODE WAIVER
(iJOT REQUIRED FOR PARKING WAIVER)
REQUEST FOR WAIVER OF CODE SECTION:
PERTAINING TO:
toll
(A separate statgment is required,for each Code waiver)
Sections 18.03.040.0 i0 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver may be
granted by the Zoning Administrator or Planning Commission, the following shall be shown:
That there are special circumstances applicable to the property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical zoning classification in the vicinity; and
2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges
enjoyed by other property under identical zoning classification in the vicinity.
In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to
arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully
and as completely as possible. If you need additional space, you may attach additional pages.
Are there special circumstances that apply to the property in matters such as size, shape., topography, location or
surroundings? ~ Yes _ No.
If your answer is "yes," descrith~ej~how_the property is different: -I f1F ~~rrt ~ Ic ~' 7 QP_t 1O~---'f t~(-.
~'_f r A1J ~a~I IJA A~. 1 K.tJ PI~~
Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring
properties located within the same zone? _Yes ~No
If your answer if "yes," describe the special circumstances:
4. Were the special circumstances created by causes beyond the control of the property owner (or previous property
owners)? Yes _N/Io r
EE LAcp-,^WLATI~N bF71~1~ prc.(~Iwv44O l~Nl~ ~Au-/J THE
The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be
approve which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone
which i of otherwise ex ressly authorized by zone regulations governing subject property. Use variances are not permitted.
LG t?,
igna roperty Owner or Authorized Agent Dat
CONDITIONAL USE PERMITNARIANCE NO.
3762SDECEMBER L2,?000
Justification Waiver. dot
Are the special circumstances that apply to the property different from other properties in the vicinity which are in the
same zone as your property? ~ Yes _ No
ATTACHMENT - ITEM tl0. 9
PETITIONER'S STATEMENT OF
JUSTIFICATION FOR VARIANCE/CODE WAIVER
(NOT REQUIRED FOR PARKING WAIVER)
REQUEST FOR WAIVER OF CODE SECTION:
PERTAINING TO: /"1161I~nv 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 [here are special circumstances applicable to the property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical zoning classification in the vicinity; and
2. Thai, because of such special circumstances, strict application of the zoning code deprives the property of privileges
enjoyed by other property under identical zoning classification in the vicinity.
In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to
arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully
and as completely as possible. If you need additional space, you may attach additional pages.
Are there special circumstances that apply to the property in matters such as size, shape, topogrnphy, location or
surroundings? ;~ Yes _ No.
?,
If your answer i$ "yeg," descF46e how the property is different:
4. Were the s ecial circumstances created by causes beyond the control of the property owner (or previous property
owners)? ~ Yes _ No
EXPLAIN:
The sole
separate statement is_tequired for each Code waiver)
ty variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be
9 have the effect of granting a special privilege not shared by other property in the same vicinity and zone
p expressly authorized by zone regulations governing subject property. Use variances are not permitted.
~~~ 26 0.~
Owner or Authorized Agent ate
37fi251DECEMBER 12, 2000
CONDITIONAL USE PERMITNARIANCE NO.
Justification Waiver. dpt
Are the special circumstances that apply to the property different from other properties in the vicinity which are in the
same zone as your property? _ Yes _ No
Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring
properties located within the same zone? OGYes No
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Conditional Use Permit No. 20D3-04744 Subject Properly
Date: September 8, 2002
Scale: 1" = 200'
Requested By: FIRST CONGREGATIONAL CHURCH OF ANAHEIM Q.S. No. 102
REQUEST TO PERMIT A TELECOMMUNICATIONS ANTENNA (FAUX PALM TREE) WITH
ACCESSORY GROUND-MOUNTED EQUIPMENT
WITH WAIVERS OF: (A) MINIMUM FRONT YARD SETBACK
(B) MINIMUM SIDE YARD SETBACK
515 North State College Boulevard -First Congregational Church of Anaheim
ass
LA PALMA AVENUE
Staff Report to the
Planning Commission
`.September 8, 2003
Item No: 10
10a. CEQA NEGATIVE DECLARATION
10bs CONDITIONAL USE PERMIT NO. 2003-04744 (Motion for continuance)
SITE LOCATION AND DESCRIPTION;
(1) This irregularly-shaped 5:6-acre property is located at northwest corner of Sycamore Street and
_ State College Boulevard'vuith frontages of 425 feet` on the north side of Sycamore Street and
267 feet on the west side of State College Boulevard (515 North State College.Boulevard-First
Congregational Church of Anaheim).`:
`Advertised as 625 feet.
REQUEST:
(2) The petitioner requests approval`of a conditional use permit under the authority of Code
Section 18:21.050:125 to permit a telecommunications antenna (disguised as a palm tree)
ahd accessory ground-mounted equipment with waivers of mihimum front and side yard
setbacks.
BACKGROUND:
(3) This property is developed with an existing church built in 1961 and school`built in 1966
and is zoned RS-A=43,000 (ResidentiallAgricultural). (The Anaheim General Plan Lartd Use
`Element Map designates this property for General Commercial Land Uses and further
designates the surrounding properties as follows: General Commercial to the north and
`east across. State College Boulevard; General Commercial and Low Density Residential to
tfie south across Sycamore Sheet and Medium Density Residential to the west.
(4) Richard Purvis, church moderator, has submitted the'attached letter dated August 29,
2003, requesting a' continuance of this matter to the October 6 2003, Planning Commission
meeting tnbrder to explore alternative design options:
RECOMMENDATION:
(5) Staff recommends that the Commission, by motion, continue this item to the October 6,
2003, Planning Commission meeting as Yequested by churcfi representatives.
Sr8639vrt
Page 1
ATTACHMENT - ITEM N0. 10
August 29, 2003
Vanessa Norwood, Planner
City of Anaheim
200 South Anaheim Boulevard
Anaheim, GA 92880
Re: Conditional Use Permit No. 2003-04744 - 515 North State College Boulevard
This is a request to continue this matter from the scheduled Planning Commission hearing date of
September 8, 2003, to October 6, 2003. We would like the opportunity to consider modification of the
plans from amono-palm telecommunication tower to a steeple or bell tower. This type of structure
would better integrate into our existing church design.
Thank You,
Dick Purvis, Moderator
Bill Wilson, Assistant Treasurer
Carol Lutz Treasurer
Jim Schibsted, Pa
CONDITIOfdAL USE PERMIT
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CUP 862
CUP 526
CUP 269
VAR 3611
VAR 1729
APARTMENTS
RS-A-
43,000 RM-1:
VAR 619 APT
MOTEL
Conditional Use Permit No. 2003-04743 Subject Property
Date: September 8, 2003
Scale: 1" = 200'
Requested By: AOC BUILDING Q:S. No. 47
REQUEST TO PERMIT A PRIVATE RELIGIOUS EDUCATIONAL INSTITUTION WITHIN
AN EXISTING THREE-STORY OFFICE BUILDING
WITH WAIVERS OF: (A) REQUIRED SETBACK FOR INSTITUTIONAL USES ADJACENT TO
RESIDENTIAL ZONES
(B) MINIMUM NUMBER OF PARKING SPACES
1808 West LincDln Avenue
901
ML
5556-12
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RS-A-
43,000
VAR 259
REST.
Staff Report to the
Planning Commission
September 8, 2003
Item No. 1,t
11a.r CEQA NEGATIVE DECLARATION (Motion)
11br: WAIVER OF CODE REQUIREMENT (Motion) , ;
11 a= CONDITIONAL USE PERMIT NO.2003=04743 (Resolution)
SITE LOCATION AND DESCRIPTION:
(1) This rectangularly-shaped 0.53-acre property has a frontage of 98 feet on the south side of
Lincoln Avenue, a maximum depth of 234 feet and is located 690 feet east of the centerline of
Broadview Sheet (1808 West Lincoln Avenue).
REQUEST:
(2) The petitioner.: requests approval of a conditional use permit under authority of Code Section
18:44.050.270 to permifa private religious educationatinstitution within an existing three-
story office building with waiver of the following:
(a) i SECTION NO. 18.04.042.020 Institutional uses adjacent to residential zones.
(15-foot wide landscape setback required; 0 to
6-foot wide landscape setback existing and
;proposed)
(b) SECTION NOS..18.06.050:0263 Minimum number of parking spaces.
AND 18.44.066 ' (80 required; 40 existing and
rrecommended by the City Traffic and
Transportation Manager.)
BACKGROUND:
(3) This propertyis developed with athree-story office building and iszoned CL (Commercial,
Limited). The property is withintfie Plaza Redevelopment Project Area. TheAnaheim
General Plan: Land Use Element Map designates this property for Commercial Professional
land uses. The surrounding properties are designatedes follows:'' General Commercial to
the north, Commercial Professional to the east and west and Low Density Residential. to the
south.
PREVIOUS ZONING ACTIONS
(4) The following'actions pertain to this property::
(a) Variance No. 1608 (to waive the 2Yrstory height limitation to permit construction of a 3-
storyoffice building) was approved by the City Council on November 26, 1963.
(bj Variance No. 1621 (waiver of required number of parking spaces) was approved by the
Planning Commission on March 10,..1964.
PROPOSAL:
(5) The petitioner is requesting approval of a conditional use permit to establish+a private
-religious educational institution within an existing three-story office building.' No exterior
modiflcatiorls to the existing building are proposed in'conjunction with this Yequest.
(6) The site plan (Exhibit No. 1) indicates a three-story, 13,704 square foot office building with a
driveway that passes: undemeath'a portionnf thebuilding to access parking at the7ear of the
property.
sr8637vn
Page 1
`Staff Report to the
Planning Commission
Septembet 8, 2003
Item No 11
(11) Vehicular access to the property is provided bia one existing driveway on Lincoln Avenue.
Plans indicate a total of40 existing on-site parking spaces for this office building. Code
:requires 80 spaces based on the fallowing:
Use .Square Feet Code Parking Requirement Parking `;
s.f. Re wired
Total Students (30) " 1,547 s.f: 0.82/student = (24.6 spaces) i
(classroom or 20 spaces/1,000 square feet ' 30.9
area whichever is realer *
Office'(including :!
library, unch room
conference room, 12,157 s.f: 4 paces per 1,000 s.f. / GFA 48.6
education center,
miscellaneous rooms)
TOTAL': >13,704s.f. 80
*Square footage'resulted in'a higheFparking requirement. !
(12) No changes to the building elevations are proposed. Photographs indicate that the existing
elevations consist of a seafoam green brick building, two rows of tinted windows, dark green
aluminum panels and green and white awnings.
(13) Photographs end a site inspection revealed an existing nonconforming roof sign and
freestanding'pole sign ocated adjacent to Lincoln Avenue. The petitioner has indicated that
no new signage is proposed atthis time but any future: signage request would be consistent
with the sign requirements of the: CL Zone. `Code currently permits wall signs with a sign area
not to exceed 10 percent of the building elevation and a monument sign with dimensions of 8
feek in height. and 10 feet in widtfi and a maximum sign area of 49 square feet per face (98
feet of streetfrontage x 0.5 s.f. per face = 49 s.f.).
(14) The petitioner has submitted a letter of operation dated July 3, 2003, Indicating that hours of
operation for the religious educational facility would be 9 a.m. to 10 p.m., Monday through
Thursday, with 3 faculty members'and 2 administrative'personne(i The petitioner hasalso
stipulated that office hours for the facility would be 8 a;m. to 5 p.m., Monday;through Friday.
ENVIRONMENTAL IMPACT ANALYSIS:
(15) Staff has reviewed the proposal and the Initial Study for Conditional Use Permit No. 2003-
04743 (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 that it has considered the proposed
Negative Declaration together with any comments received during the public review process
and further finding on the basis of the Initial: Study and' any comments received that there is
no substantial evidence that the' project wil(have significant effect on the environment::
GROWTH MANAGEMENT ELEMENT ANALYSIS`.
(16) The proposed project has been reviewed by affected City departments to determine whether
if conformswith the'Cty's Growth Management Element adoptetl 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 requires Growth. Management
Elemenfanalysls, therefore, no analysis has been performed.
.Page 3
Staff Report to the
Planning Commission
September 8, 2003 `
Item No: 11
"(a) The variance will not cause fewer off street parking spaces to be provided for such
use other thahtfie number: of such spaces necessary toaccommodate all vehicles
attributable to such use under the normal and reasonable foreseeable conditions of
operation of such use.
The parking study indicates that the peak parking demand for off-street parking
spaces is substantially lower than the quantity provided for the proposed university
campus.
(b) 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 vicinityof the
proposed use.
The proposed project will not increase or compete for on street parking because its
parking lot has more than adequate parking to accommodate the university's peak
parking demands.
(c) 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
undeCan agreement in compliance with Section 16.06.OT0.020 of this Code). `r
The project parking lot is physically separated from other adjacent development.
Furthermore, there is no reason to encroach other parking facilities tiecause the
project's parking lot provides ample parking as indicated in the parking analysis.
(d) 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.
Traffic and parking congestion will not occur because the supply of parking
spaces for the campus is anticipated o be only;73% occupied during the peak`parking
demand period.i
(e) 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.
The project parking lot is physlcally separated from the adjacent private properties.
Therefore, there will be no impeding of traffic access into. or out of adjacent parking
lots "
(21) As previously noted, a sign is located on thee. roof of this three-story building:: Permits were
issued fora 48 square foot roof sign in 1964. In 1971; a freestanding sigh was approved and
'constructed: subject to the removal of the previously approved roof sign. Due to the height of
the building, he sign is'obtrusive and visible for several blocks. `.Code nolonger permits roof- `
mounted signs. Because of on-going beautification efforts along Lincoln Avenue, which is a
main thoroughfare through the City, staff ~ecommends7emoval of the roof sign, Therefore, a
condition of approval has been included to remove this sign prior to dccupancy of the
building.
(22) Code Enforcement Division records indicate no code Violations on this property. Site
`inspectionsand thephotographs indicate the propertyis being maintained ih satisfactory
condition.
.Page 5
Staff Report to the
Planning Commission
September 8, 2003
~, : Item No. 11
FINDINGS:
(23) Section18.06.080 of the parking ordinance sets forth the following findings which are
required to be made before a parking waiver is approved by the Commission:
(a) That the waiver, under the conditions imposed, if any, will not cause fewer off-street
parking spaces to be provided for' such use hen the number ofsuch spaces necessary
to accommodate all vehicles attributable to such use`under the'normal and reasonably
foreseeable conditions of operation of such use; and
(b) That the waiver, under the conditions imposed, if any, will not increase the demand and
competitionfor parking spaces:upon the public streets in the immediate vicinity of tfie
proposed use; and
(c) That the waiver, under the conditions imposed, if any, will not increase the demand and
competition for parking spaces upon adjacent privateproperty',iD the immediate vicinity
of the proposed use; and
(d) That the waiver, under the conditions imposed, if any, w(II not increase traffic
congestion within the off-street parking areas or lots provided for such use; and
(e) That the waiver, under the conditions imposed, if any, will not impede vehicular ingress
to or egress from adjacent properties upon`ahe publio treets in the immediate vicinity of
the proposed use.
Unless conditions to the contrary are expressly imposed upon the granting of any
waiver pursuant to this Sectionby the Planning Commission or; City Council, the
granting of any such waiver shallbe deemed contingent upon operation of'such use in
conformance with the'assumptions relating;to the operation and: intensityof the use as
contained in the parking demand study that formed the basis for,approval"of said
waiver. Exceeding, violating, intensifying or othervvise deviating from anypf said
assumptions as contained in the parking demand stutly shall be'deemed a violation of
`the expressconditions imposed'upon said waiver which shall subject said waiver to
termination or modification pursuant to the provisions bf Sections 18.03.091 and
''18.03.092"of this Code.
(24) When practical difficulties or unnecessary hardships result from strict enforcement of the
Zoning: Code, a modification maybe granted for the purpose of assuring that no property,
because of special circumstances applicable to it shall be deprived of privileges commonly
enjoyed by other properties in the same vicinity end zone. The sole purpose of eny code
waiver is to prevent discrimination and none shallbe approved which would have the effect of
granting a specialprivilege not sharedby other similar properties. Therefore, tiefore any
code waiver is granted by the Planning Commission, it shallbe shown:
(a) That there are special circumstances applicable to the property such as size, shape,
topography, oration or urrountlngs, whicfi'do not apply to other identioally zoned
properties inthe vicinity; and
(b) That strict application otthe Zoning Code deprives the properly of privileges'enjoyed by
'other properties undeCidentical zoning classification in the vicinity::
(25) Before the Commission grants any conditional use permit, it must make a finding of fact that
the evidence presented shows that all of the following conditions existi
(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;
Page 6
Staff Report to the'.
Planning Commission
' September 8, 2003:.
Item No: 11
(b) Thafthe proposed use wilCnot adversely affect the adjoining land uses and the growth
and development of the area in which it is proposed to be located;
(c) Thafthe size and shape of the site for the proposed use is adequate to allow the full
development ofthe proposed use in a mannernot detrimental to the particular area nor r
to the peace, health, safety, and general welfare;
(d) Thafthe traffic generated by the proposed use will not impose an undue burden upon
the streets and highways designed end improved to carry the trafFlc ih the area; and
(e) That the granting of the conditional use permit under the conditions imposed, if any, will
not be detrimental to thepeace, health, safety and general welfarebf the citizens of the
City of Anaheim:
RECOMMENDATION:
(26) Staff recommends that, unless additional or contrary information. is received during the
hearing, and based upon the evidence submitted to the Commission, including the evidence
presented in this staff report, and oral and written evidence presented at the public hearing,
the Commission takethe following actions:
(a) By motion, a rove a CEQA Negative Declaration.
(b) By motion, approve waiver (a) pertaining to institutional uses adjacent to residential
zones based oh the fact that no new structures are proposed in conjunction with the
religious educational facility and that a motel,not residences, is located to the east,
andthat the residences to the south would continue to tie buffered. by the existing
landscaping and parking'area adjacent to thesouth property line.
(c) By motion, a rove waiver (b) pertaining to minimum number of parking spaces based
upon the recommendation of the City Traffic and Transportation Manager that 40
parking spaces for this religious educational facility is adequate fora maximum of 30
students and 6 employees (inclusive of faculty and office tall) based on the following:
(i) Thafthe waiver under the conditions imposed, and based upon the':
conclusions cohtained i~the submitted parking study, would not cause
fewer off-street parking spaces to be provided for the business.
`(ii) Thatthe waiver, under the conditions imposed, would not increase the
demand and competition for parking spaces upon thepublic streets and
adjacent private properly in the immediate vicinity of the proposeduse.
(iii) That the waiver, under the conditions imposed, would not increase3raffic
congestion within the off-street parking areas or lots provided for such use.
(iv) That the waiver, under the conditions imposed; would not impede vehicular
ingress to oregress from'adjacentproperties; upon thepublic streets in the
immediate vicinity attributable to theYeligious educational facility under
norrhal and reasonably foreseeable conditions of operation of such use.
(d) By resolution; approve Conditional Use Permft No. 2003-04743 (to permit a religious
educatiohafinstitution in'an existing office building) based on the following:
(i) That a religious educational institution is an authorized use in the CL Zone
.subject to the approval of a conditional usepermit.
Page l
Staff Report to the
Planning Commission
September 8;.2003
Item No. 11
(ii) That the proposed religious educational institution would not adversely
affect the adjoining land uses nor restricFthe growth and development of the
area in which it is proposed to tie located.'.'
(iii) That the size and shape of the site for a religious educational institution is
adequate to allow the full development in a manner not detrimental to the'
particular area nor to the peace; health, safety, and general welfare, nor the
bitizens of the City of Anaheim. ;
(iv) That the traffic generated by a religious educational institution would not :'
:impose anvndue burden upon'the streetsiand highways designed and
'improved o carry traffic in the area.
(v) That the granting of the conditional use permit under the conditions
imposed, would notbe detrimental to the peace, health, safety and general
.'welfare of the citizens of the City of Anaheim.
THE FOLLOW ING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS
AN INTERDEPARTMENTAL COMMITTEE AND ARE RECOMMENDED FOR ADOPTION BY THE
PLANNING COMMISSION IN THE>EVENT THAT THIS PERMIT ISAPPROVED.
1. That the hours of operation for the religious. educational facility shall be limited to Monday through
Thursday from 9 a.m. to 10 p.m: with office hours Monday through Fridayfrom 8 a:m. to 5 p.mS,
as stipulated by the petitioner.
2. That the existing non-conforming roof-mounted sign shall be removed.
3. That no church services or assembly shall. be allowed' at this location unless a conditional use
permit allowing the same is approved by the Planning: Commission.
4. That a maximum of 30 students and 6 employees (inclusive of faculty and office staff) shall be ?
allowed atthis facility as identifietl in the parking study approved:. by the City Traffic'and
Transportation Manager.
5. That a landscape plan hall be submitted to the Zoning Division'for reviewand approval
Indicating enhanced landscaping along the'south property line'with additional trees in order to
create a consistent visual bufferadjacent to the residential properties. Any decision by the
Zoning Division maybe appealed to the Planning Commission as a Reports and
Recommendations item. Said landscaping shall conform to the approvedplan prior o occupancy
bf the building.
6, That the landscape planters and'associated irrigation shall be permanently maintained with live
.and healthy plant materials; and' if requiretl by the City of Anaheim, the landscape setback
'adjacent to Lincoln Avenue shall be refurbished with additional trees, shrubs and groundcover.
7. That the property shall: be permanently maintained in en orderly,fashion by providing tegular
landscape maintenance, removal of trash br debris, and removal of graffitiwithin twenty-four (24)
Hours from'time of occurrence.
8. That the proposal shall comply with all signage requirements oflhe CL Zone unless a variance'
allowing sign waivers s approved by the Planning Commission or City Council. Any decision,by
staff maybe appealed to the Planning Commission ss a Reports and Recommendation item.
9. That no outdoor activity shall occur on the south side of the building.
Page 8
Staff Report to the
Planning Commission
September 8, 2003
:..Item No. 11
10: That the driveway on Lincoln Avenue shall be constructed with ten (10) foot radius curb returns
as required by the City Engineer in conformance with Engineering standard No; 137. Said
information shall be specifically shown on plans submitted to the Traffic and Transportation
Manager for review and approval.
11. That plans shall be submitted to the City Traffic end Transportation Manager for fiis reviewand
approval in conformance with the current version of Engineering Standard Plan Nos, 436; 601
and 602 pertaining to parking standards and driveway location. Subject property shall thereupon
be developed and maintained in conformance with said plans.
12. That gates shall not be installed across the driveway in a manner which may adversely affect
vehicular traffic on the adjacent public street. Installation'ofony gates shall conform to tfie
Engineering Standard Plan No. 609 and shall be subject to the review and approval of the City
Traffic and Transportation.
13. That no required parking area should`be fenced or otherwise enclosed for outdoor storage uses,
14. That an on-site trash truck turn around area shall be provided per Engineering Standard Detail
No'ti10 and asYequired bythe Maintenancebivision. Said information shall be pecifically
shown on plans submitted for Public Works Department, Streets and Sanitation Division approval
15. That the legal property owner shall submit an application for a Subdivision Map'Act Certificate of
Compliance to the Public Works Department,bevelopment Services Division. A Certificate of
Compliance or Conditional Certificata of Compliance shallbe approved by the City Engineer and
recorded 1n the Office of the Orange County Recorder.
16. That the property ownerwill`be required to implement appropriate non-structuratand structural
Best Management Practices (BMPs) as specified in the Orange County Drainage Area
Management Plan (DAMP) Appendix G. The selected BMPs shall be implemented and
maintained to minimize the introductioh of pollutants from entering tha City of Anaheim
stormwater drainage system.
17.'; That 4-foot high address numbers sfiall be displayed on the roof in a contrasting color to the roof
material. The numbers shall not be visible from the view of the street or adjacent and nearby
properties, Said information shall beapecifically shown on plans submitted for Police
Department, Community Services Division approval,
18. That subject property shall be developed substantially in accordance with plans`and
specifications submitted to the City of Anaheim by the petitioner and which plans are on file with
the Planning Departmenfmarked Exhibit Nos.` 1; 2, 3 and 4, and as conditioned herein.
19. That prior to commencement of the activity authorized by this resolution, or within a period of one
(1)'year from ttie date of this resolution, whichever occurs first, Condition Nos: 2, 5, 6, 10;11, 14,
15,.16; 77 and 1 Sabove-mentioned; shall be complied witfi'. Extensions for further time to;
complete said conditions may be granted in accordance with Section 18.03.090`of the Anaheim
Municipal Code.1
20. 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. Apprdval does`not include any actionbr findings as to compliance or'
approval of the request Yegarding any other applicable ordinance, regulation or requiremarlt.
.Page 9
ATTACHMENT - ITEM N0. 11
SECTION 4
PETITIONER'S STATEMENT OF
JUSTIFICATION FOR VARIANCE/CODE WANER
(NOT REQUIRE66D FOR PARKING WANER)
REQUEST FOR WANER OF CODE SECTION: ~ O ~ ~ • ~ 42 ~ dZ
` ~y,~ L I_~ (A separate statement is required or each Co e waiver)
PERTAINING TO: 1i(1`31t1~'Lld~~ ~'~S ft~IQ/'PVI'r ~D '~.SI'f t1~1 %'t~•
Sections 18.03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver may be
eranted by the Zoning Administrator or Planning Comtnission, the following shall be show[[:
1. That there are special circumstances applicable to the property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical zoning classification in the vicinity; and
2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges
enjoyed by other property under identical zoning classification in the vicinity.
In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Comnussion to
arrive at a decision, please answer each of the following questions regazding [he property for which a variance is sought, fully
and as completely as possible. If you need additional space, you may attach additional pages.
1. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or
surroundings? _Yes ~ No.
If your answer is "Yes," describe the special circumstances: ~o+: ~ d v+.t' 1 S G~ Y~cu~-~ -f~..On1.
t t:XISI i CD
2. Are the special circumstances that apply to the property different from other properties in the vicinity which aze in the
same zone as your property? _Yes ~, No
If your answer is "yes," describe how the property is different:
3. Do the special circumstances applicable to the property deprive it ofprivileges currently enjoyed by neighboring
properties located within the same zone? _Yes ~No
If your answer if "yes," describe the special circumstances:
4. Were the special circumstances created by causes beyond the control of the property ovvner(or previous property
owners)? _Yes Y~No
EXPLAIN
The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be
approved which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone
which is not otherwise expressly authorized by zone regulotions governing subject property. Use variances aze not permitted.
Signature of Prope Owner or Authorized Agent Date
CONDITIONAL USE PERMITNARIANCE NO.
DECEMBER 72, 2000
ITEM N0. 12
BANK
CL RM-1200
CUP 369fi 57-56-31-
AC. 6LOG q DU EACH
RM-1200
RCL 80-61-15
~ iON'S CUP 212b
PARKING
CL
~
~ RCL 60-fit-15
', RCL fib-67-56
CUP 2126
~. CL McDONALD'S
I RCL 74-75-24 REST.
'. CUP 1928 `=
CUP 1764 ~
CUP 369 ~
SYCAMORE PLAZA Q
NEIGHBORHOOD ~
SHOPPING CENTER W
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T-ADJ 2602-00224
rn RCL 57-5&76
PCN 97-12
S 0
CENTER ~ VA
49
55
CL
RCL 759&/2 CUP 2001-04373
RCL 6S6Gfi9 VAR 29145
T-CUP 2663.64706
FAMILY MEDICAL
OFFICES
RS-A-43;000
CUP 1875
ri to inn
4DU I3DUI
U AR 150
CL
RCL 57-56.18
CUP 2003-04742
T-CUP 2003-04726
T-CUP 2002-04621
CUP 2001-04451
CUP 2001-04433
CUP 3642
CUP 2606
CUP 1685
CUP 1655
VAR 2037
VAR 1912 S
PCN 2003-00012
CUP 3425)
CUP 2756)
CUP 2339)
(VAR 2136 S)
(VAR 1960 S)
GRANADA.
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RM-1200 I
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VAR 3732 ~ ~
GPA 346 rn ~
APARTMENTS ~'
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LA'PALMA AVENUE
CL
RCL 65.66-72
fit-62-36
54-55-21
® RM-1200
fit-82-36 -
- RS-A-03,000 RM-1205
RCL70.71-@ °o'o„~~
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. CUP 262 RS-7250 V-1146 (Res. of lnL
1 I
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STAURANT 51-02-36
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VAR 2734
Conditional Use Permit No. 2003-04742 Subject Property
Date: September 8, 2003
Scale: 1" = 200'
Requested By: RICHTER FARMS TRUST Q.S. No. 111
REQUEST TO CONSTRUCT ADRIVE-THROUGH RESTAURANT WITH WAIVER OF
MINIMUM NUMBER OF PARKING SPACES.
1092 North State College Boulevard
soD
Staff Report to the
Planning Commissioh
September 8, 2003
Item No. 12
12a.' CEQA NEGATIVE DECLARATION (Motion)
12b:` WAIVER OF CODE REQUIREMENT (Motion)
12c: i CONDITIONAL US@PERMIT NOt2003-04742 (Resolution)
SITE LOCATION AND DESCRIPTION:'.
(1) This irregularly-shaped, 6.9-acre property is located north and east of the northeast corner
of State College Boulevard and` La Palma Avenue with frontages of 460 feet on the east
side of State College'Boulevard and 540 feet on the north sidebf La Palma Avenue (1092
North State College: Boulevard):!
REQUEST:
(2) The petitioner requests approval of a Conditional Use Permit under authority of Code
'Section Nos. 18:03.030 and 18:44.050':300 to construct drive-through!restaurant with waiver
`of the fallowing:
SECTION NOS. 18.06.050.0233 AND Minimum number of parkins spaces
18:44.066.050 ; (826 spaces required; 485 spaces
prdposed and recommended by he
:Traffic and'Transportation Manager)
BACKGROUND:':
(3) This property is developed with a commercial retail center with 30 tenant spaces and is
zoned CL (Commercial, Limited). The Land Use Element Map of the Anaheim General Plan
designates this property for General Commercial land uses.
(4) .Surrounding land uses are as follows:
Direction Land Use ' Zoning General Plan
Designation
Fast-food Restaurant CL and i General Commercial and':
North and Apartments RM-1200 Medium Density Residential..
East Apartments. RM-1200 :Medium Density Residential
South (across La Flower Shop and CL and General Commercial and
Low-Medium Density
Palma Avenue) Apartments RM-1200 Residential.
West (across State Shopping Center CL General Commercial
College Boulevard)
PREVIOUS ZONING ACTIONS:
(5) 'The following zoning actions pertain to this property:?
(a) Conditional Use Permit No. 2001-04451, (a restaurant with public entertainment and on-
`' premises sale and consumption of alcoholic beverages with waiver of minimum number
of parking spaces = 537 required; 518 proposed) was approved by thePlanning
Commission on November 5,'2001.
Sr3038ey
Page 1
Staff Report to3he
Planning Commission
September 8;:2003
Item No. 12
(b) Conditional Use Permit No, 2001-04433 (to establish land use conformity with existing
Zdning Codeland use requirements for an existing commercial retail center`," Laundromat
and liquor store and to permit a conveniencemarket) was approved by the. Commission
on;September 10, 2001,?
(c) Conditional Use Permit No. 3642 (to retain a restaurant/hightclub expansion including a
public dance fiall with on=premise sale and consumption. of alcoholic beverages and
waiver of minimum number of parking spaces) was approved by Planning Gommissionbn
November 1,.1993, for a period of one year until 1994.' On December 12, 1994, the
Commission approved abne-year time extension until Novemberl, 1995. On January 22,
1996, the Commission approved atwo-yea[ time extension until (Jbvember $ 1998 (1084,
1084-A, 1086-A North State College Boulevard - J.C: Fandango)S' This permit has
expired.
(d) Conditional Use Permit No. 2608 (to permit on-sale alcohol in a proposed restaurant and
cocktail louhga with waiver of minimum number of parking spaces) was approved by City
Council on October 16,:1984, following approval by the Planning Commission on
August 20, 1984 (1086-A North State College Boulevartl - J.C. Fandango).
(e) Conditional Use Permit No. 1685 (tb permit on-premise sale and consumption of beer and
wine in an existing restaurant) was`approved by Planning Commission on January 31,
1977, for a period of 5 years. A time extension was approved by the Planning
Commission on February 8, 1982, to expire on January 31, 1987.No furtherextensions
have been requested (1.046 N, State College Boulevard - formerly,Sun's Chinese
Restaurant).
(f) Conditional Use Permit No. 1655 (to permit on-premise sale and consumption of beer and
wine in a proposed restaurant) was approved;by Planning Commission on September 27,
1976 (1060 N State College Boulevard -formerly Angalo's Pizza Restaurant).
(g) Variance No. 2037 (to waive the permitted uses to permit a retail tire, battery and
accessory store) was approved by City Council on January 28, 1969, following approval.
by;the Planning Commission on Oecember 16, 1968.
j (h) Variance No. 1912 (to permit a freestanding sign with waiver of minimum distance
between free-standing signs) was approved by Planning Commission on August 28,
-1967.
DEVELOPMENT PROPOSAL:
{ti) The petitioner requests a conditionafuse permit to construct a new 3,245 square foot fast
food/tlrive-through restaurant within an existing parking area on the'southwestportion of the
property. The master site plan (Exhibit No. 1) indicates the proposed construction of the
drive-through restaurant building adjacent to State College Boulevard, directly north of an'
existing service station.
(7) The specific site plan (Exhibit No. 2) indicates that the drive-through cane and pick up
windows would be directlyadjacent to State College Boulevard and would maintain a 10
foot wide setback from the'uitimate right-of-way: One existing driveway adjacent to the
service station would be eliminated to accommodate the drive-through lane. Additionally,.
the kiosk adjacent to the south property line would be removed and;: according to the
petitioner, would not be relocated. A 12-foot wide drive-through lane would circulate around
the north, west and south sides of the building, exiting at the south end of the building.
Plans further Indicate a distance of 60 feet from the starCof said lane to the menu board and
ordering devlca' and art additional' 1 t1 feet to the service window in conformance with Code
requirements.'` No outdoor seating is indicated on the site plan.
Page 2
Staff Report to the
Planning Commission
September 8;2003
Item No. 12 r
walk-up, or take out restaurants. Code requires a total of 826 parking spaces for the entire
retail center based on the following:,'
LOCATION
USE/TENANT TOTAL.
SQUARE
FEET CODE-
REQUIRED
PARKING RATIO
(per 1,000 sq. ft)
PARKING
REQUIRED'
1046;.1050 The Reef Tropical Fish
Store 3,370: i 5.5 18.5
1052 Mariscos Licenciado 1,250 16 20
1054 ! Personnel Office 1,250 ! 4 5'
1056,'1058, 1060' Market 3,750. 5.5 20:6
1062 'Mom's and Baby's
Market 1,250` 5.5 6.8
1064 Pop Rock: Records 1,250` 5.5 6.9
1066, 1068 Party Rental Store 2,500', < 5.5 12:8
1070,:1072, 1074 Vacant 8,909` i 5.5 46:9
1076 Padilla 1,400: 16 22:4
1078 ' Beauty Salon 1,400`: 5.5 7.7
1080 Laundromat 2,800. 4 5.5 15:4
1084, 1084 A & 1088 A JC Fandango Dance
Club 19 188 17 326
1086 B Just 98 Mart 6,882'.. 5.5 37.8
1086 C r' Top Line Staffing 1,584( 5.5 8:7
1088 > Northam Auto Parts ! 8,779 ' S.5 48:2
1090 Barber 900 5.5 4:9
1092 Optometrist 900 6 5.4
1092 Proposed
Wend s Restaurant 3,245. 16 51.9
1094 ' TV 8 VCR Repairs 900 '- 5.5 4:9
1096 LiquorStore 1,440'. ' 5.5 7.9
1098 !BlockbusterVldeo 5,400 !5.5 29:7
2011 BRestaurant 9,600 8 76.8
2120 Goodyear Tire 7,0002 5.5 ' 36:5
TOTAL 94,947: 826<
(9) The floor plan (Exhibit No: 3) indicates an indoor dining room with 88 seats, a service area
withkounter, kitchen, office, storage; 2 restrooms, employee dressing room; walk-in
refrigerator/freezer, andpreparation areas. The plan further indicates two customer
entrances at the south and east ends of the building and an employee entrance at the
northern portion of the building.
Page 4
Staff Report to the
Planning Commission
September 8, 2003
Item No.'12
(10) The submitted elevation plans (Exhibit Nos. 4 and 5) indicate cone-story building with a
maximum height of approximately 20 feel- Finishes: would include stucco' and cultured
ledge stone, with decorative cornices afthe roofline and above doorways.; The plan further
indicates that the maximum height of any roof-mounted equipment would not exceed the
height of the parapetWalls.
(11) .The landscape plan (Exhibit No: 6) indicates a total of eight (8),.24-inch box Brisbane Box
trees to be ocated within the setbacKadjacentto State College Boulevard. An additional
fourteen,(14) trees would be planted throughout the lease pad. Three (3) additioneltrees
would be planted within new planters directly north of the proposed building locations Other
andscaping proposetl on-site includes 5-gallon Texas Privet hedges in the setback and
.'around the:drive-through lane and 1-galldrt Daylilies'surrounding the building. Code'
requires one (1) tree per 20 feet of street. frontage for a total of seven (8) trees on State
,College Boulevards and trees separating every 10 parking spaces in the perking lot'
(12) The sign program (Exhibit Nos: 7-14) indicates the following signs, all of which are in
conformance with Code:
!-Size '
Sin Number T e (Hei `ht x Width) Location
A `4 .Wall signs: (Channel ` 3'x 10'-2" North, South, East
Letter) and West Elevations
(1) Driveway (State>
College Boulevard),
' B
3 Directional signs (Cabinet
2' x 2'-2" (2}Entrance of
::Signs) drive-through lane
and {3) Exit from
drive-throw h lane'
C 1 Menu "preview board 1'-11" x 5'-4" ! Start of drive-
through lane::
D
1 Menu board with ordering
47" x 9'2"
Drive-through lane.
device
(13) The petitioner's letter of operation indicates the hours of operation for theproposed fast
`food restaurant would be 10 a:m. to 10 p:m., daily, for indoor dining and'10 a.m. through 1
a.m. for the drive-through lane: The fast food restaurant would have a total of 7 employees
during the peak shift:
ENVIRONMENTAL IMPACT ANALYSIS:
(14) Staff has reviewed the proposal and the Initial Study (a copy ofwhich is available for review
`' in the Planning Department) and finds no significant environmental impact and, therefore,
recommends that a Negative Declarationbe approved upon a finding by the Commission
`that the tleclaration reflects the independent judgment of the lead agency; and thefit 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 receivedthat there is no substantial evidence thafthe projecfwili have a
i significanfeffect on'the environment.
GROWTH MANAGEMENT ELEMENT ANALYSIS:
(15) The proposed project has been reviewed by affected City departments to determine
whetfte~ it conforms with the City's Growth Management Element adopted by the City
Page 5
Staff Report to the
Planning Commission
September 8; 2003
Item No. 12
Council on March 17, 1992, Based bn City staff review of the proposed project, it has been
determined that this project doesnot fit within the scope necessary to require`a Growth
ManagementElementanalysis, therefore, no analysis has been performed. '
EVALUATION:
(16) Drive-through restaurants are permitted in the CL Zone subject to approval of a conditional
- use permit.
(17) The requested waiver pertains to minimum number of parking spaces. Code requires a'
minimum of 826 spaces for this commercial retail center including he proposed drive-
through restaurant, as described in paragraph no. (6) of his report. The siteplan indicates
a total of 485spaces available for this site.' The petitioner has submitted a parking study,
prepared by Katz, Okitsu & Associates, dated May 19,2003, to substantiate the requesffor
this waiver. The City Traffic and Transportation Manager has reviewed thisstudy and has
determined that 485 parking spaces is adequate for the existing and proposed uses within
this: shopping'. center.
(18) The parking study further includes the following findings for the waiver of minimum number
of parking spaces:
"(a) .That the waiver, under the conditions imposed, if any, will not cause fewer off-street
'parking spaces to tie provided for such use than the number of such spaces
necessary to accommodate all'vehicles attributable to such use under the normal and
~easonatile foreseeable conditions of operation of such use.
:The parking study indicates that the parking demand for off-street parking spaces will
hot exceed the supply available at the center.
(b) That the waiver, under the conditions imposed, if any, will not Increase the demand
'and competition for parking spaces upon'the public streets in the immediate vicinity' of
the proposed use.
`The proposed project will not cause any significant demand for on-street parking
'spaces; since the everyday use will not require the use of off-street parking, and there
is sufficient parking capacity in he center to accommodate the' proposed. project.
(c) That the waiver, under the conditions imposed, if any, will not increase the demand for
,parking spaces upon adjacent private property in the immediate vicinity.; of the
proposed use.
The proposed project will not cause any demand for parking on private property in'the
viclnity of the proposed use.: There Is adequate parking provided by the: project on-
site.
(d} ..That the waiver, under the conditions imposed, if any, will not increase traffic
congestion within the off-streefparking areas or lots: providedfor such use.
As shown` in the study, the amount of parking demand forecasted for the site is less
'than the supply provided on site. Furthermore, traffic and parking congestion will not
(occur, because the overall demand for parking at the center is'within thesupply. They
layout of the parkingarea is such that traffic congestion inside a parking area will' not
be excessive whert parking demand is equal to or lower than supply.
(e) 'That the waiver, under the conditions imposed, if any, will not impede vehicular ingress
to or egress from adjacent properties upon the putilic streets'in the immediate vicinity
bf the proposed use.:
Page 6
Staff Report to the
Planning Commission
September 8, 2003
Item No. 12
The proposed use will not impede vehicular ingress or egress, because the project is'
not expected to result in'demand for on-street parking in the vicinity of any driveways
orother locations near the oenter."
(19) Staff feels that the proposed construction of adrive-through restaurant is compatible with
surroundingJand uses on and around thesubject property. Staff, however; has concerns
'with the proposed location and orientatiomof the building and drive-through lane relative to
- the adjacent street. Staff has consistently had concems regarding the visibility of various
.aspects of drive-through restaurants from the public right-of-way, including the drive-through
lane, service windowsand mehu boards.
(20) Staff has intlicated to the applicant that a more desirable alternative would be to set the
building away from the streefand provide parking and landscaping between the right-of-way
!and the proposed building. Thiswould provide a visual buffer between the street and the
'drive-through lane. A second desirable option would include changing thebrientation so
that the narrower portion of the building would face State College Boulevard. With this
' altemative components such as the ordering device and service windows would not be
directly visible to the street.
(21) Considering the applicant's concern with maximizing the restaurant's visibility from the
'street, staff has suggested architecturafehhancements that would draw attention to(the
building as well as increase the'aestheticsbf the property. Suggestions included a tower
'element that would allow for signage at a more distinct and prominent level. Increased
'articulation: of the building elevations would`also add'to a more aesthetically favorable
'project that would also work todraw attention to the building from the street.
(22) The applicant has suggested maintaining the proposed layout and including abundant
landscaping to screen the drive-through components'of this restaurant. Staff feels that any
landscaping that could effectively screen the drive-through lane and service windows would
decrease the overall`visibility of he building from the street, thus defeatingahe purpose of
the building's proximity and location to the street. StafFs concern with utilizing landscaping
as a buffer'is that it could potentially be trimmed to alevel of Ineffectiveness.
(23) The Commission may wish to note that the applicanfhas demonstrated the possibility of
'alternate designs for this restaurant building and the subject property by way of preliminary
site plans.: Staff has found some of these'altematives to be highly feasible and would
consider a revised proposal forthis project.
(24) Staff feels strongly about achieving a design that adds to the aesthetic quality of this
prominehf intersection within the City. If the proposed project involved a property with
physical cohstraints, uch as an excessively small orcorner pa[cel, it would be understood
that few alternatives are available. This property, however, has ample space to
.accommodate a design that is jh line with the City's goals of improving the State College
'Boulevard Corridor:' Staff recommends that basetl oh the design, layout and orientation of
the proposed drive-through restaurant, the Planning Commission should denv this request
for conditional use permit.
FINDINGS:
(25) Section 18.06.080 of the parking ordinance sets forth the following findings which are
required to be madebefore the parking waivers are approved by the Commission:
(a) That the waiver, under the conditions imposed, if any, will. not cause fewer off-street
parking spaces to be provided for such use than the number of such spaces
necessary to accommodate all vehicles attributable to such use under the normal and
reasonably foreseeable conditions bf operation of such use; and
'Page 7
Staff Report to the
Planning Commission '
September 8 2003
Item No. 12
(b) That the waiver, under the conditions imposed, if any, will not increase the demand
and competition fog parking spaces upon the public streets ip the immediate vicinity of
the proposed use; and
(c) ', That the waiver, under the conditions imposed, if any, will not increase th'e 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 anagreement in compliance with. Section :18'.06.010;020 of this
Code); and
(d) That the waiver, under the conditions imposed, if any, will not increase traffic
congestion within the off-street parking'areas orlots provided for such use; and
(e) That the waiver, under the conditions imposed, if any, will not impede vehicular
ingress o or egress from adjacent properties upon the public streets in`the immediate
vicinity of the proposed use.
Unless conditions to the contrary are expressly imposed upon the granting of any waiver
pursuant to this Section by the Planning Commission, the granting of any such waiver shall
be deemed contingent upon operation of suchluse in conformance: with the assumptions
relating to the operation and intensity of the use as contained in theparking'demand study
that formed the basis for approval df said waiver. Exceeding, violating, intensifying or
otherwise deviating from :any of said. assumptions as contained in the parking demand study
shal(ibe deemed a violation of the express conditions imposed upon said waiver which shall
subject said waiver to termination o[ modification pursuaht to the provisions of Sections
1 13:03.091 and 18.03:092 of this Cotle.
(26) Before the Planning Commission grants any Conditional Use Permit, it must make a finding
of fact that the evidence' presented shows that all ofthe-following conditions exist:
(a) That the proposed'. use is properly one for which a'Conditional Use Permit is
authorized by the`Zoning Code, or thaYsaid use is not listed'therein as'being a
permitted use;
(b) That the proposed: use would not adversely affectthe adjoining land uses and the
growth''and development of the area in which ifis proposetl 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 tfie peace,' fiealth, safety, and general welfare;
(d) That the traffic generated by,the proposed use would not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the'area;
and
(e) That the granting of the conditional use permit under the conditions imposed, if any,
would not be detrimental to tfie peace,: healthsafety and general welfare of the
citizens of the City of Anafteim.
RECOMMENDATION:
(27) Staff recommends that unless additional or contrary information is received during the
meeting, and based upon the evidence submitted to the Planning>Commission, including
the'evidence `presented in this staff report, and oral and written evidence presented at the
public hearing-that the Commissionaake3he followingactions:
(a) By motion, a~orove a CEOA Negative Declaration.
Page 8
i
Staff Report to the ?
Planning.Commission
September. B, 2003
Item No. 12
(b) By motion, deny the waiver pertaihing to minimum number of parking spaces
based' on the foci that staff is recommending denial'of the proposed use.
(c) By resolution;'denv Conditional Use Permit No. 2003-04742 (to permit the
cohstructioh'of adrive-tftrough restaurant); based on the following:
(i) That various aspects of the drive-through restaurant, including the drive-
through one, service windows and menu boards would be visible to tfie
public right-of-way:
(ii) That there is adequate areabn the subject property to develop an alternative
deslgrt eliminating the above-referenced concerns.
(iiij That the drive-through restaurant as presently designed, would be detrimental
to the peace, health, safety`and general welfare'bf the citizens of Anaheim.
THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUSCITY DEPARTMENTS ACTING AS
AN INTERDEPARTMENTAL COMMITTEEAND ARE RECOMMENDED FOR ADOPTION BY THE
PLANNING COMMISSION IN THE EVENT THAT THIS' PERMIT IS APPROVED.
1. That as stipulated by the petitioner, the hours of operation shall be limited to 10 a.m. to 10 p.m.,
daily, fo~the indoor dining room and 10 a.m. to 1 a:m., daily, for the drive-through lane.
2. 'That the existing kiosk shall tie removed from the subject property, as stipulated by the petitioner.
Said information'shall be specifically shown on plaits submitted for building permits.
3. That anyproposed roof-mounted equipment shall be subject to the screening requirements of
Anaheim Municipal;Code Section No. 18:44.030:120 pertaining to the CL Zone. Said information
shall be'specifically hown on the plans'submitted for Zoning and Building Division'approvaL
4. That the proposal shall comply with signege requirements of the CL Zone unless a variance allowing
sign waivers is approved by the City Council, Planning Commission or Zoning Administrator.:
5. That a final landscape plan shall be submitted to the Zoning Division forreview and approval: Said
landscaping shall ncorporate a landscape earthen berm and Yow of hedges along the entirelength
of the'setback adjacent to State College Boulevard with the exception of ingress/egress areas. Any
decision by the Zoning Division may be'appealed to the Planning Commission as a Reports'and
Recommendations item.
6. That final elevation plans shall be submitted to the'Zoning Division for review and approval Any
declsion,by the Zoning Division maybe appealed to the Plahhing Commission as a Reports"and
Recommendations item.
7. That no alcohoQc beverages shall be sold or consumed on the premises.
8. That no exterior vending machines shall be permitted.
9. I That no'video, electronic or other amusement devices or games shall be permitted on the premises.
10.` That roof-mounted balloons dr other inflated devices shall not be permitted.
11. That no window slgnage shall be permitted.
12.' That there shall be no public telephones maintained on the property that are located outside bf the
buildingF
Page 9
Staff Report to the
Planning Commission
September S' 2003
Item No. 12
13. That the property shall tie permanently maintained in an orderly fashion by providing regular' '
landscape maintenance, removal of trash or debris, and removal of "graffiti".within twenty-four (24)
hours from time of occurrence.
14. That any tree. or other landscapingplanted on-site shall be replaced in a timely manner in the event
that it is removed, damaged, diseased and/or dead.
15. That the drive-through lane shall be reviewed and approved by the City Traffic and Transportation
Manages Said information shall be specifically shown on planssubmitted for building permits.
16. That the proposed pedestrian walkway through the drive-through .area shall be removed and
redesigned as such to eliminate the conflict: points between vehicular and pedestrian traffic. Such
information shall be specifically shown on plans submitted for building permits.
17. That the existing driveway adjacent to State College Boulevard shall be removed and replaced with
standard curbs, gutters, sidewalKand landscaping as indicated on Ezfiibit Nos. 1 and 2. Said
information shall be specifically shown on plans submitted for building permits.
18. That plans shall be submitted to the City Traffic and Transportation Manager for his review and
approval showing conformance with the current version of Engineering Standard Plan. Nos. 436; 601
and 602 pertaining to parking standards and'driveway,locations. Subject property shall thereupon
be developed'and maintained in conformance with saidplans.
19. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
20. That an on-site trash truck turn-around area shall be provided per`Engineering Standard Detail No.
610 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation i
Division. Said tum-around area shall be specifically shown on plans submitted for building permits.
21. That the property ownershall provide the City of Anaheim Electrical Engineering Division of the
Public Utilities Department with a'public utilities easement to be determinedas electrical design?is
completed
22. That any necessary relocation of existing electrical facilities or streetlights sftall be at the expense of
the developer.
23. That trash storage areas shall be provided and maintained in a location acceptable to the Public
Works Department, SGaets and Sanitation Division and in accordance withapproved plans on file
with said Department. Said storage areas shall be designed, located and screened sous noftobe
readily identifiable from adjacenfstreets orhighways. The walls of the storage areas shall be
protected from graffiti opportunities by the use of plant;materialssush as minimum 1-gallon size
clinging vines planted on maximum 3-foot centers octal) shrubbery. Said information shall be
specifically shown on the plans submitted for building permits.
24. That a plan sheet for solid waste storage and collectionand a plan for recycling shall be submitted
to the Public Works Dapartment,Btreets and'SanitationDivision'for reviewand approval.
25. The legal property owner shall submit an application for a Subdivision Map Act Certificate of
Compliance to the Public Works Department;. Development Services Division for theparcel on
which the restaurant is.located on.', A Certificate of Compliance or Conditional Certificate of
Compliance shall be approved by he City Engineer and recorded in the Office of the Orange County
Recorder prior to issuance of a building permit.
26. The propertybwner willbe required to implement appropriate non-structurafand structural Best '
Management Practices (BMPs) as specified in the Orange County Drainage Area Management Plan
(DAMP) Appendix G. The selected BMPs shall be implemented and maintained to minimize the'
introduction of pollutants from entering the City of Anaheim stormwater drainage system.
Page'10
Staff Report to the
Planning Commission
September 8, 2003
Item No.' 12
27; That if required by the Urbanforestry Division bf the Community Services Department, street trees '
shall be installed, by the property owner, within the publicYight-of-way adjacent to State College
Boulevard. The: size, type and number of trees. shall be provided to the satisfaction of the Urban
Forestry. Division of the Community Services Department.
28. That since this project has landscapingarea exceeding 2,500 square feet, a separate irrigation
meter snail beinstailed and comply withbity Ordinance No< 5349 and Chapter 10:19 of Anaheim
Municipal Code. Said information shall be specifically shown on plans submitted for building
permits.`
29: That all requests for new water servicesor fire lines, as well as any modifications, relocations, or
abandonment of existing water services`and fireltnes, shall be coordinated through Water
Engineering Division of the Anaheim Public Utilities Department.
30. That the`water backflow equipment and any other large water system equipment shall be installed to
the satisfaction of the Water Utility Division behind the street: setback area in a manner fully
screened from all public streets.
31. ` That the' parking lot serving the premises shall be maintained with lighting of sufficient power to
illuminate and make easilydiscemable the appearance and conduct of all persons on or about the
parking lot. Said fighting shall be decorative and shall be directed, positioned and shielded to such a '
manner so as not to unreasonably illuminate adjacent properties. A plan showing'said lighting shall
be submitted to the Community Services Divisionof the Police Department for review and approval
32. That 4-foot high address numbers shall be displayed on the roof in a contrasting color to the roof
materiah The numbers shalt not be visible from the view of the street or adjacentpropertiea Said
information shalt be specifically shown on plans submitted for Police bepartment[Community
Services Divisioh approval.
33:` That sutiject 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 witfi3he Planning
Department marked Exhibit Nos. 1 through 14, 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 Nbs'2, 3, 5, 6 15, 16, 17, 18, 20, 21;'23, 24, 25, 26,
28, 29,30, 31 and 32, above-mentioned, shall be complied with.'
35. Prior to final building and zoning inspections, Condition Nos: 2, 27 and 32, above-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 Municipa(Zoning Code and any other applicable City, State and
Federafregulations. Approval does not jnclude any action or findings as to compliance or approval
of the request regarding any other applicable ordihance, regulation or requirement.
Page 11
ITEM N0. 13
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Variance No. 2003-0457 4 Subject Property
Date: September 8, 2003
Scale: 1" = 200'
Requested By: NEELAM SHEWA Q.S. No. 202
REQUEST WAIVERS OF : (A) MAXIMUM SRUCTURAL HEIGHT
(B) MINIMUM FRONT YARD SETBACK
(C) MINIMUM SIDE YARD SETBACK
TO CONSTRUCT TWO SINGLE-FAMILY HOMES.
Parcel 1:301 Penny Lane and Parcel 2: 345 Penny Lane 6es
Staff Report to the
Planning Cbmmission
September 8, 2003
Item No[ 13
13a. CEQA CATEGORICAL EXEMPTION -CLASS 3
13b.? `VARIANCE NO: 2003-04574 (Motion for continuance)
SITE LOCATION AND l7ESCRIPTION:
(1) Parcel 1: This irregularly-shaped b.53-acre'property has a frontage of approximately 90 feet on
the southerly side of Penny Lane, a maximum deptfi of 246 feet, and islocated 70 feet
southeasCpf the centerline of Mohler Drive (301 Penny Lane).
(2) Parcel 2: This irregularly-shaped 0.78-acre propertq has a frontage of approximately 220 feet
oh the southerly side of Penny Lane, a maximum depth of 246 feet, ahd is' located 160 feet
`southeast of the centerilne'of Mohler Drive (345 Penny Lane).
REQUEST:
(3) The petitioner requests to construct two single family homes with waivers bf the following;
(a) SECTION NO. 18.23.062.010 Maximum structural height (25 feet::
permitted; 41 feet. 4 inches and 38 feet, 2
inches proposed.)
(b) SECTION NO. 18.23.063.010 Minimum front'vard setback 25 feet
required; 10 feet proposed.)
(c) SECTION NO. 18.23.063.020 Minimum side yard setback 10 feet
required; 8 feet proposed.)
(4) Blash Momeny, representative of the property owner, Mohsen Ghaneiam, has submitted a
letter dated August 26, 2003, requesting a`continuance to the October 6,'2003, Planning
Commission meeting in order to modify the request to include a waiver of the required
improvemeht to the private street serving tfie two properties (Penny Lane).
RECOMMENDATION:
(5) That the Planning Commission, by motion, continue this item to the October 6, 2003; meeting
as requested by the petitioner.
Sr5037jr.doc
Page 1
ATTACHMENT - ITEM N0. 13
August 26, 2003
John Ramirez
City of Anaheim, Planning Department
200 S. Anaheim Blvd., Suite 162, 1s1. FI.
Anaheim., CA
RE: Properties at 301 & 345 Penny Ln.
Dear John:
1~`' ,~ `t
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pRECEryE 3
DEP~4RT~ fem.
Due to the issues related to the need for a waiver for the private street width,
hereby I would like to request for continuation of the above application to October
6, 2003 planning commission meeting.
~i
Blash Momeny,/f'h.D.
Direct: (949 425-5041
Office: (800 523-0005 # 5041
Cell: (949) 922-9584
Email: bmomeny@homesoc.com
Re/Max Real Estate Services 23120 Alicia Pkwy #100 Mission Viejo, CA 92692 Ph:(949) 425-5000 Fax:(949) 4540211