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PC 2003/09/22CITY OF ANAHEIM PLANNING COMMISSION AGENDA SEPTEMBER 22, 2003 Council Chambers, City Hall 200 South Anaheim Boulevard, Anaheim, California CHAIRPERSON:-JAMES VANDERBILT COMMISSIONERS: GAIL EASTMAN, PAUL BOSTWICK, DAVID ROMERO, JERRY O'CONNELL, CECILIA FLORES, (ONE VACANT SEAT) CALL TO ORDER PLANNING COMMISSION MORNING SESSION 11:00 A.M. • STAFF UPDATE TO COMMISSION ON VARIOUS CITY DEVELOPMENTS AND ISSUES (AS REQUESTED BY • PRELIMINARY PL'4N REVIEW"FOR ITEMS ON THE SEPTEMBER 22, 2003 AGENDA RECESS TO AFTERNOON PUBLIC HEARING SESSION ; RECONVENE TO PUBLIC HEARING 1:30 P.M. ` For record keepingpurposes, if you wish to make a statement regarriing any item on the agenda, please complete a speaker card and. submit it to the secretary. PLEDGE OF ALLEGIANCE PUBLIC COMMENTS CONSENT CALENDAR PUBLIC HEARING ITEMS ADJOURNMENT 09-22-03 Page 1 RECONVENE T® PUBLIC HEARING AT 1:30 P.M. PUBLIC COMMENTS: _ This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or public comments on agenda items with the exception of public hearing items. PLANNING COMMISSION APPOINTMENTS:: COMMUNITY DEVELOPMENT ADVISORY BOARD (CDAB) FOR THE BLOCK GRANT PROGRAM (Current Representative: Commissioner Eastman) (Current Alternate: Vacant) COMMUNITY DESIGN ELEMENT WORKING GROUP (Current Representative: Vacant) CONSENT CALENDAR: Item 1-A through 1-F on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Planning Commission, staff or the public request the item to be discussed and/or removed from the Consent Calendar for separate action. A. (a) CEQA CATEGORICAL EXEMPTION -CLASS 3 (b) CONDITIONAL. USE PERMIT NO. 3579 (TRACKING NO. CUP2003-04754) Kim Regan, 473 Saratoga Avenue, Grover Beach, CA 93433, requests determination of substantial conformance to construct a 1,700 square foot horse canopy. Property is located at 233 South Quintana Drive (Canyon Acres Residential Center). B. (a) (b) (c) Emest Stuart, Stuart Architecture, 5031 Birch Street, Newport Beach, CA 92660, requests a retroactive extension of time to comply with conditions of approval to establish a file marketplace and coordinated sign program with associated waivers in conjunction with a 12-lot industrial subdivision for an existing industrial complex with frontage on a proposed private street. Property is located at 1531-1601 South State College Boulevard and 1500-1701 E. Babbit Avenue. Project Planner: (cwagnerno anaheim.net) sr1127cw.doc Q. S. 197 Project Planner: (ioramirezCa~anahei m. nett sr5040jr.doc Q. S. 107 09-22-03 Page 2 C. (a) (b) Tait and Associates, 9089 Claremont Mesa Boulevard #300, San Diego, CA 92123, requests Planning Commission review of final elevation plans for apreviously-approved service station with accessory car wash and convenience market with the sales of beer and wine for off-premises consumption. Property is located at 1201 South Brookhurst Street (Arco AM/PM Service Station). D. (a) (b) John O'Brien, Brookfield Homes, 3090 Bristol Street, Suite 200, Costa Mesa, CA 92626, requests review of final plans for apreviously- approved 82-unit attached and detached "affordable" residential condominium project with a density bonus. Property is located at 2300-2340 West Lincoln Avenue. E. (a) CEQA 15061 (b1(3) GENERAL RULE RECLASSIFICATION NO. 2003-00111 Elisa Stipkovich, Anaheim Redevelopment Agency, 201 South Anaheim Boulevard, Anaheim, CA 92805, requests Planning Commission initiation of a reclassification from the ML (Limited, Industrial) Zone to the RM-1200 (Residential, Multiple-Family) Zone or less intense zone. Properties are located at 800 East Broadway, 801 East Santa Ana Street, and 409-421 South Vine Street. F. Receiving and approving the Minutes from the Planning Commission Meeting of September 8, 2003. (Motion) Project Planner: (ioramirez ananaheim.net) sr5042jr:doc Q. S. 35 Project Planner: (dseeCo~anaheim. net) sr2138ds.doc Q. S. 33 Project Planner. tdsee(a anaheim.net) sr2138ds.doc Q. S. 93 Request for continuance to October 6. 2003 09-22-03 Page 3 PUBLIC HEARING ITEMS• 2a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) 2b, 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 comer 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 beverages for off-premises consumption within apreviously-approved Project Planner: convenience market. (avazouezCa~anaheim:net) Continued from the July 28 and September 8, 2003, Planning sr8641av.doc Commission meetings. Q.S. 37 CONDITIONAL USE PERMIT RESOLUTION NO. 3a. CEQA CATEGORICAL EXEMPTION -CLASS 1 Request for 3b. WAIVER OF CODE REQUIREMENT continuance to 3c. CONDITIONAL USE PERMIT NO. 2003-04693 October 6, 2003 OWNER: Hunter's Pointe HOA, 2 Corporate Park, Suite 200, Irvine, CA 92606 AGENT: Maree Hoeger, Global Telecom Resources, 23332 MiII Creek Drive, Laguna Hills, CA 92653 LOCATION: 6920 East Canyon Rim Road. Property is approximately 3.05 acres, having a frontage of 545 feet on the south side of Canyon Rim Road, located 180 feet west of the centerline of Fairmont Boulevard (AT&T Wireless). To permit a telecommunications antenna and microwave dish on an Project Planner: electrical transmission tower and accessory ground-mounted i ti (vnorwood at7anaheim.net) ex s ng equipment with waiver of minimum front yard setback. CONDITIONAL USE PERMIT RESOLUTION NO. sr8642vn:doc O.S. 204 09-22-03 Page 4 4a. CEQA CATEGORICAL EXEMPTION -CLASS 1 Request for 4b. CONDITIONAL USE PERMIT NO. 2003-04755 . continuance to October 20, 2003 OWNER: Taormina Trust, William Cosmo Taormina, 128 West Sycamore Street, Anaheim, CA 92805 AGENT: Ryan Wells, MMI Titan, 310 Commerce Drive, Irvine, CA 92602 ` LOCATION: 201 East Center Street. Property is approximately 0.09- acre, located at the northeast corner of Center Street and Claudina Street (Kraemer Building). Project Planner: roof-mounted telecommunicaticns facility on an t i it T d (vnonvoodfa~anaheim.net) re a n a o perm an existing historic building and accessory ground mounted equipment. CONDITIONAL USE PERMIT RESOLUTION NO. sr6644vn.doc Q.S. 83 5a. CEQA NEGATIVE DECLARATION 5b. WAIVER OF CODE REQUIREMENT 5c. CONDITIONAL USE PERMIT NO. 2003-04756 OWNER: Chinh V. Ly, 12561 Redhill Avenue, Anaheim, CA 92780 AGENT: Paul Kott, 1225 West Lincoln Avenue, Anaheim, CA 92805 LOCATION: 1815 East Center Street and 115 North Coffman Street. Property is approximately 0.5-acre, located at the northwest corner of Coffman Street and Center Street. Project Planner: office building with waivers of: two-sto n existin h i it h T (evambao(a~anahem:net) ry g urc n a o perm a c (a) setback for institutional uses adjacent to a residential zone boundary, and (b) minimum number of parking spaces. sr3043ey.doc CONDITIONAL USE PERMIT RESOLUTION NO. Q•S. 102 ADJOURN TO THURSDAY, OCTOBER 2, 2003 AT 1:30 P.M. FOR A SPECIAL MEETING OF THE PLANNING COMMISSION TO DISCUSS THE GENERAL PLAN/ZONING CODE UPDATE PROGRAM AND PRELIMINARY PLAN REVIEW. 09-22-03 Page 5 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 1+ 3 ~ r. -., ~~"~ It ~ZOO"~ (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNyCIL DISPLAY KIOSK SIGNED: ~~ J °~'""~°"`"~ If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. RIGHTS OF APPEAL FROM PLANNING COMMISSION ACTION The action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits and Variances shall be considered final unless, within 22 days after Planning Commission action and within 10 days regarding Tentative Tract and Parcel Maps, an appeal is filed. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The Ciry Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. ANAHEIM CITY PLANNING COMMISSION In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning Department, (714) 765-5139. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Recorded decision information is available 24 hours a day by calling the Planning Department's Automated Telephone System at 714-765-5139. 09-22-03 Page 6 S~hflE~DLE 2003 OCTOBER 6 OCTOBER 20 NOVEMBER3 NOVEMBER 17 BER 1 II DECEMBER 15 II ~~ DECEMBER 29 ~~ 09-22-03 Page 7 RS-7200 RCL 73-74-11 0 72-73-51 ~ 2es. of Intent to W -HS-22,000 (SC)) ttt 72-73-07 D; RCL 67.68.55 ~ 1 D EACH ~j~ _ ~ v~5~ 72-73-51 es. of Intent to {, iS-22,000 (SC)) U 72-73-47 > 1 DU EACH ~~ W m ' RS-HS-22,000 ' TRACT NO. 9217 RCL 75.76-36 / RCL 72-73-47 72-73-51 1 DU EACH RCL 76-77-56 RCL 72-73-51 c,~ BONNIE G~NE ~~N d .~ e CUP CUP .TENTATIVE TRACT' WO. 14429 .RCL 72-73-51 RCL 72-73-07 i 1\\D__U EACH ' i^~c~ ~ of;.~ . ;L~ r RS-HS-22,000 RCL 72-73-51 RCL 72-73-07 1 DU ~~J RS-HS-22,000 t 7 ~ j TRACT NO. 9217 ~~_i 1 RCL 75-76-38 ~ 72-73-51 1 (Res. of Int, to RS-HS-22,000(SC) 1 RCL 72-73-07 1 ~- I1 D~U EACH ~ y ALL PROPERTIES ARE IN THE (SC) (SCENIC CORRIDOR OVERLAY) ZONE Conditional Use Permit No. 3579 TRACKING NO. CUP2003-04754 Requested By: KIM BEGAN TO CONSTRUCT A 1,700 SQUARE-FOOT HORSE CANOPY. A D ,~, Subject Property Date: September 22, 2003 Scale: 1" = 20D' Q.S. No. 197 233 South Quintana Drive (Canyon Acres Residential Center) s3o 5455-42 CUP 2140 (V-2303 T) OFFICE aLOG. CERRITOS AVENUE ML 66-67-36 60-61-113 54-55-42 CAL-PL'I ML ' 5455J2 GUP 4010 ADJ e151 RCL (Res.c ML l` RCL 99-p0-15 (Res. orlnl. to SE) 5455-42 CUP 3p67 CUP 7565 TOUR BUS TRANSPORTATION TERMINAL 66-67-36 60-61-113 ML fi6.67.36 fi6.67-14 60-61-113 55-56-19 54-55-42 CUP 4010 AOJ 0151 AGRICULTURE ePB ML 56-67-36 66-67-14 fiD-67-113 55-56-19 5455-42 CUP 4010 ADJ Ot51 AGRICULTURE ML RCL 99-00-15 (Res, al InL to SE) 66-fi7.14 55.56-t9 5455-42 CUP 3736 VAR 4077 ROLLINS TRUCK REMAL 8 LEASING ML RCL 99.00.15 (Res. of 1nL to SE) I Q w J m 'w V w J J O U w N Q F- (F f Ise Variance No. 2001-04471 Subject Property TRACKING NO. VAR2003-04575 Tentative Tract No. 2001-105 Date: September 22, 2003 TRACKING NO. SU82003-00008 Scale: Graphic Requested By: ERNEST STUART Q.S. No. 107 REQUESTS A RETROACTIVE EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL TO ESTABLISH A TILE MARKETPLACE AND COORDINATED SIGN PROGRAM WITH ASSOCIATED WAIVERS IN CONJUNCTION WITH A 12-LOT INDUSTRIAL SUBDIVISION FOR AN EXISTING INDUSTRIAL COMPLEX WITH FRONTAGE ON A PROPOSED PRIVATE STREET. i 1531-1601 South State College Boulevard and 1500-1701 East Babbit Avenue ssa ATTACHMENT - ITEM tJO. R&R 1-B MEMORANDUM CITY OF ANAHEIM Code Er forcemeat Division DATE: AUGUST 20, 2003 TO: JOHN RAMIltEZ, ASSISTANT PLANNER FROM: ANTONIO OLNOS, CODE ENFORCEMENT OFFICER SUBJECT: 1531 S. STATE COLLEGE BLVD. VARIANCE # 2001-04471 TRACKING CASE # VAR2003-04575 RESOLUTION # PC2002-14 On August 20, 2003, I conducted an inspection of the property located at 1531 S. State College Blvd. and observed the following conditions to exist on the property. ® The south side of the property adjacent to the building, I observed refuse and waste (i.e., paper, plastic, etc.) violating A.M.C. section 6.44.010.030, as well as condition #17 of Resolution #PC2002-14 ) ® Outdoor storage located in the parking lot on the south side of the property. (Violating A.M.C. sections 18.61.025.020 as well as condition #15 of Resolution #PC2002-14) Since October of 1995, Code Enforcement staff has addressed six complaints regarding the following violations of the Anaheim Municipa] Code: ® Refuse and Waste. ® Unpermitted Banners. • Outside Displays. Code Enforcement staff issued five Notices of Violation for the above-mentioned violations of the Anaheim Municipal Code. If you have any questions please feel free to contact me at ext. 4482 ATTACHMENT - ITEM N0. RbR 1-B RESOLUTION NO. PC2002-14 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR VARIANCE NO. 2001-04471 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Variance for certain real property situated in the City of Anaheim, County of Orange, State of California described as: PARCEL A: PARCELS 1 AND 3, IN THE CITY OF ANAHEIM, AS SHOWN ON A MAP FILED IN BOOK 56, PAGE 25 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL B: ALL OF PARCEL 1, IN THE CITY OF ANAHEIM, AS SHOWN ON A MAP FILED IN BOOK 11, PAGE 38 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THAT PORTION OF SAID LAND LYING WITHIN PARCEL 1, 2 AND 3 OF THAT CERTAIN PARCEL MAP FILED IN BOOK 56, PAGE 25 OF PARCEL. MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL C: AN EASEMENT FOR INGRESS AND EGRESS AND FOR THE TURNING AND MANEUVERING OF TRUCKS AND OTHER VEHICLES, OVER THE WESTERLY 24 FEET OF PARCEL 2, IN THE CITY OF ANAHEIM, AS SHOWN ON A MAP FILED IN BOOK 56, PAGE 25 OF .PARCEL .MAPS,. IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 28, 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 variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the petitioner proposes waivers of the following under authority of Code Section No. 18.03.040.020 to establish a the marketplace with a coordinated sign program: (a) SECTION NO. 18.05.076.010 AND 18.61.067 (b) SECTION NO. 18.05:093.010 AND 18.61,067 Type of freestanding sign. (Pageantry signs not permitted; pageantry identification signs proposed). Maximum number of freestanding or monument signs. (12 freestanding signs permitted (i per lot); 36 freestanding signs proposed). (c) SECTION NO. 18,05.093.020 AND 18.61.067 VAR 2001-04471 CR52a7DM.doc Maximum area of freestandinq or monument signs (DELETED). PC2002-14 (d) SECTION NO. 18.05.093.040 AND 18.61.067 (e) SECTION NO. 18.05.093.050 AND 18.61.067 (f) SECTION NO. 18.05.093.060 AND 18.61.067 (g) SECTION NOS. 18.06.050.022 18.06.050.030 AND 18.61.066.050 Minimum distance between freestanding or ' ' monument signs, (300 feet required between freestanding signs; 45 to 150 feet proposed between freestanding signs). Maximum sign height. (8-foot high freestanding signs permitted; 20-foot high freestanding pageantry signs proposed). Maximum sign width. (10-foot sign width permitted; 13-foot wide freestanding identification monument signs proposed). Minimum number of parking spaces. (591 spaces required; 246 spaces proposed and as recommended by the City Traffic and Transportation Manager). 2. That waivers (a), (b), (d), (e) and (f) are hereby approved based oh the irregular shape of the property, which is unusually deep (over 1,300 feet) with minimal opportunities for advertisement of the tenants at the rear of the property. The proposed waivers will allow a comprehensive sign program to identify the tenants within the proposed file marketplace development without requiring large, oversized freestanding signs adjacent to State College Boulevard for advertisement to the public; 3. That waiver (c) is hereby denied, since it has been deleted; 4. That a parking study was prepared by a registered traffic engineer for waiver (g) and that the City Traffic and Transportation Manager has reviewed said study and has determined that a minimum of 246 parking spaces is adequate to provide sufficient parking for the proposed file market place; 5. That the parking study indicates that the parking demand for off-street parking spaces is lower that the quantity provided on the parcel. There is a comfortable surplus on the parcels; 6. That the proposed project will not increase demand for parking on any streets in the vicinity; 7. That the proposed prdject will not cause any demand for parking on private property in the vicinity. An adequate supply of parking is provided on the site, and all project-related parking is expected to occur on the parcels; 8. That the amount of parking demand forecast for the site is well withih the supply provided on site. Traffic and parking congestion will not occur, because the overall demand for parking at the site is lower than the amount of parking provided, and a surplus of parking spaces is expected to exist on the site at all times; 9. That the proposed project will not impede vehicular ingress or egress, because the project is not expected to result in increased demand for on-street parking in the vicinity of any driveways or other locations in the project vicinity. Sight lines and turning areas for existing driveways at public streets will be unaffected by parking for the proposed project; and 10. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to subject petition. PC2002-14 CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to establish a file marketplace with a coordinated sign program on an irregularly-shaped, 12:66-acre property which has a frontage of 460 feet on the west side of State College Boulevard, has a maximum depth of 1,308 feet and is located 325 feet south df Cerritos Avenue (1531 - 1601 South State College Boulevard and 1500 -1701 East Babbitt Avenue); and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgement of the lead agency andthat it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment.. NOW, THEREFORE, 8E IT RESOLVED that the Anaheim Cily Planning Commission does hereby grant subject petition for Variance No. 2001-04471, 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 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, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of 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 Planning Department and Public Works Department., Streets and Sanitation Division approval 2. 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. 3. 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 Division. Said turn-around area shall be specifically shown on plans submitted for building permits. 4. That the water backflow equipment and any other large water system equipment shall be installed to the satisfaction of the Water Utility Division in either (a) underground vaults or (b) behind the street setback area in a manner fully screened from all public`streets and alleys. Said information shall be specifically shown on planssubmitted for building permits. 5. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonment of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department... __,. 6. That since this project has landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed and comply with City Ordinance No. 5349 and Chapter 10.19 of Anaheim Municipal Code. Said information shall be specifically shown on plans submitted for building permits. 7. That landscaping shall be provided around the above ground large meter or fire line to shield from street view. Said information shall be specifically shown on plans submitted for building permits. 8. That all existing water services and fire lines shall conform to current Water Services Standards Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if continued use if necessary or abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. PC2002.14 9. That the developer shall protect the existing electrical facilities in place. No structures shall`tie permitted below City power lines and G.0.95 clearances shall be maintained. Operational equipment shall also maintain G.0.95 clearances. 10. That a letter requesting termination of Variance No. 4384 (waiver of minimum structural setback abutting a local street and minimum number of parking spaces) and Variance No. 4318 (waiver of minimum structural setback abutting a local street and minimum number of parking spaces) shall be submitted) to the Zoning Division. 11. That the developer shall submit final sign plans, decorative lighting .plans, fencing plans, building elevation plans and landscape plans (including the freestanding architectural features), to the Zoning Division for review and approval. Any decision made by the Zoning Division regarding said plans may be appealed to the Planning Commission and/or the City Council. 12. That signage for subject facility shall be limited to that shown on the exhibits submitted by the petitioner. Any additional signage shall be subject to approval by the Planning Commission as a :Reports and Recommendations item. That no temporary window signage shall be permitted for any of the industrial buildings and that no Special Event Permits for temporary advertising devices (i.e., banner, balloons, pennants, etc) shall be permitted for this marketplace. 13. That all air conditioning facilities and other roof and ground mounted equipment shall be properly shielded from view. Such information shall be specifically shown on the plans submitted for building permits. 14. That plans shall be submitted to the Building Division showing compliance with the minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Mechanical and Fire Codes as adopted by the City of Anaheim. The appropriate permits shall be obtained for any necessary work. 15. That outdoor storage of or displayof materials and/or inventory shall tie prohibited, except for the storage of inventory materials within the secured yard areas below the height of the fence. 16. That 3-foot high address numbers shall be displayed on the roofs in a contrasting color to the roof material. The numbers shall not be visible from the view of the public street or adjacent properties. Said information shall be specifically shown on plans submitted for building permits. 17. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffdi within twenty-four (24) hours from time of occurrence. 18. That any tree planted on-site shall be replaced in a timely mangier in the event that ft is removed, damaged, diseased and/or dead. 19. That the developer shall complete the abandonment of Babbitt Avenue and that an easement for public utilities shall be reserved. ' 20. That approval of Variance No. 2001-04471 is contingent upon approval of Tentative Parcel Map No. 2001-105. 21. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 13, and as conditioned herein. 4 PC2002-14 22. That prior to issuance of a building permit, or within a period qF one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 3, 4, 6, 7, 10, 11, 13, 14, 16, 19, and 20, 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. 23. That prior to final building and zoning inspections, Condition No. 21, above-mentioned, shall be complied with. 24. 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 Cily, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 28, 2002. iOrigjnal signed by Cr2jg Anthony Arnold) CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: lOri~lnnl oi~ned by Eleanor Fernandoo~ 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 January 28, 2002, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: VANDERBILT IN WITNESS WHEREOF, I have hereunto set my hand this day of _, 2002. lOrl~innl of=ned by Eleanor Fernandeel SECRETARY. ANAHEIM CITY PLANNING COMMISSION PC2002-14 RCL 98-99-11 RCL 54-55-0D CUP 2002-04529 CUP 3900 CUP 3140 CUP 7220 CUP 1041 CUP 982 eROOKHURST SHOPPING CUP 399 CENTER CL BROOKHURST SHOPPING CENTER CL BANK VAR 2883 ' VAR 2157 S V-2005 CL V-1216 CL BROOKHURST SHOPPING V1727115 RESTAURANT CENTER ANAHEIM CITY LIMITS cp L ,,,, , RESTA SMALL CL SHOPS T4;UP 2003-04759 1 / cL V CUP 2002-04647 I / RCL 9&99.11 ~ CUP 2001-04452 I J 5tl-5439 CUP 3859 m CUP 200p-04256 cuP asap CUP 3932 I sltors CUP 636 - CL CL CUP 1444 CL9&99-t1 VACANT 54 SS] CL RCL 98-99-11 54-55-7 T-CUP 2002-04314 VAR 4363 """ WALGREENS ^ RCL 90 99-11 54-55-7 T-CUP 2002-04374 RM-2400 VAR 4383 CUP 1295 WALGREENS 111 DU CL RCL 96-99-11 54-55-7 T-CUP 2002-04314 VAR 4383 WALGREENS cL CL CUP 818 CL RCL 98.9411 yq 289 CUP 3958 RCL 69-61-57 HE VILLAG 'CUP 3643 54-55-2fi SHOPPING CUP 1294 CUP 3918 CENTER CUP 6fi7 CUP B19 V-953S THE VILLAGE HE VILLAGI SHOPPING SHOPPING CENTER CENTER H w 1wr c VACAN wcvwm T SERVIC 50-5930 w ~ si ATION CUP 18.52 cuP 1951 RM-1200 a.C. FLANAGAN S TRACT NO. 10694 v~i ' RCL 70-71-09 w . RcL 9a99.n ~ Z s9-s4au cuPZa]4 CUP 1196 w cur sal VAR 3120 = VAR a]s6 V-2196 cL VAR 1196 C) ~ RcL SS99n1 BROOKHURST VILLAGE W wssa9 CONDOMINIUMS = CUP i796> , LUP tfi39 ' MONtE550R SCHOO Conditional Use Permit No. 2002-04641 TRACKING NO. CUP2003-04759 Requested By: TAIT AND ASSOCIATES Subject Property Date: September 22, 2003 Scale: 1" = 200' Q.S. No. 35 REQUEST FOR PLANNING COMMISSION REVIEW OF FINAL ELEVATION PLANS FOR A SERVICE STATION WITH ACCESSORY CAR WASH AND CONVENIENCE MARKET WITH THE SALES OF BEER AND WINE FOR OFF-PREMISES CONSUMPTION WITH WAIVERS OF (A) NONCONFORMING STRUCTURES AND USES-GENERAL (B) NONCONFORMING SIGNS ANp BILLBOARDS-GENERAL {C) MAXIMUM STRUCTURAL HEIGHT ABUTTING ASINGLE-FAMILY RESIDENTIAL ZONE BOUNDARY 1201 South Brookhurst Street -Arco AM/PM Service Station s31 BIENVILLE AVENUE ATTACHME~JT - R&R i-C RESOLUTION NO. 2003R-56 `"' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2002- 04641. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit with a waiver of certain provisions of the Anaheim Municipal Code to establish conformity with. Zoning Code land use requirements. for an existing drive-through restaurant and to permit construction of a service station with accessory car wash and. convenience market with the sale of beer and wine for off-premises consumption, upon certain real property located within the City of Anaheim, County of Orange,. State of California, legally described as: THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOST COYOTES, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS• BEGINNING AT A POINT ON THE NORTH LINE OF SAID NORTHEAST QUARTER, WESTERLY 175..00 FEET FROM THE NORTHEAST CORNER OF SAID SECTION; THENCE WESTERLY 249.25 FEET~ALONG SAID NORTH LINE TO THE NORTHEAST CORNER OF THE LAND CONVEYED TO FRED G. DALSTROM, ET UX., BY DEED RECORDED FEBRUARY 17, 1932. IN BOOK 530, PAGE 480 OF OFFICIAL RECORDED; THENCE SOUTH 250.00 FEET TO THE NORTHWEST CORNER OF TRACT N0. 2473, RECORDED IN"BOOK 72, PAGES 27 AND 28 OF SAID MISCELLANEOUS MAPS; THENCE EAST 249.25 FEET TO THE NORTHEAST CORNER OF SAID TRACT; THENCE NORTH 250.00 FEET TO THE POINT OF BEGINNING. SAID LAND IS SHOWN ON A MAP FILED IN BOOK 54, PAGE 3 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; and WHEREAS, the City Planning Commission did hold a public hearing upon said application at the City Ha11 in the City of Anaheim, notices of which public hearing were. duly given as required by law and the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code; and WHEREAS, said Commission, after due inspection, investigation and studies made by itself and in its behalf and after due consideration of all evidence and reports offered at said hearing, did adopt its Resolution No. PC2003-37 granting Conditional Use Permit No. 2002-04641; and , WHEREAS, thereafter, within the time prescribed by law, an interested party or the City Council, on its own motion, caused the review of said Planning Commission .action at a duly noticed public hearing; and WHEREAS, at the time and place fixed for said public hearing, the City Council did duly hold and conduct such hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports; and WHEREAS, the City Council finds, after careful consideration of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing, that: 1. The proposed use is properly one for which a conditional use permit is authorized by the Anaheim Municipal Code. 2. The proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 3. The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. AND WHEREAS, the City Council does further find, after careful consideration of the action of the City Planning Commission and all evidence and reports offered at said public hearing before the City Council regarding said requested waiver(s), that all of the conditions set forth in Section 18.03.040 of the Anaheim Municipal Code are present and that said waiver(s) should be granted, for the following reasons: 1. That there are special circumstances applicable to the - 2 - property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity. 2. That, because of special circumstances shown in (1) above, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. NOW, THEREFORE, BE IT RESOLVED by the City'Couhcil of the City of Anaheim that, for the reasons hereinabove stated, Conditional Use Permit No. 2002-04641 be, and the same is hereby, granted to establish conformity with Zoning Code land use requirements for ah existing drive-through restaurant and to permit construction of a service station with accessory car wash and convenience market with the sale of beer and wine for off-premises consumption on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: (a) Sections 18.02.058.010.014 - and 18.03.030 (b) Sections 18:05.050 - 18.05.112 and 18.44.050.090 (c) Section 18.44.062.010.011- Nonconforming Structures and Uses - General. (Conditional use permit required to retain two nonconforming billboards; none proposed) Nonconforming Signs and Billboards - General. (Conditional use permit required; none proposed) Maximum structural height within 150 feet of a single-family residential zone boundary. (5-foot high structure permitted set back l0 feet from the south property line; 14-foot high carwash proposed) subject to the following conditions: 1. That no advertising of beer or wine shall be located, placed or attached to any location outside the interior of the building; and that any such advertising shall not be visible to anyone outside the building. 2. That the gross sale of beer and wine shall hot exceed thirty five percent (350) of all retail sales during any twelve (12) month period. The applicant shall maintain records on a - 3 - quarterly basis indicating the separate amounts of sales of beer: and wine and other items. These records shall be made available for inspection by any City of Anaheim official when requested. 3. That no beer and wine shall be consumed on any property under the control of the applicant. 4. That the parking lot of the premises shall be equipped with decorative lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Lighting in the parking area of the premises shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the window areas of nearby residences. Said information shall be specifically shown on the plans submitted for building permits. 5. That the applicant shall be responsible for maintaining a litter free area adjacent to the premises over which he/she has control. 6. That there shall be no video, electronic, pool table or coin-operated games or other amusement devices maintained upon the premises at any time. 7. That no display of beer or wine shall be located outside a building or within. five (5) feet of any public entrance to a building. e. That the area of beer or wine displays shall not exceed twenty five percent (25%) of the total display area inside the building. 9. That the sale of beer and wine shall be made to customers only when the customer is inside the building. 10. That no person under twenty one (2:1) years of age shall sell or be permitted to sell any beer or wine. 11. 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. 12. That any public telephones proposed on-site shall be located inside the convenience market and/or restaurant. 13. That the existing public telephone at the northeast corner of the front of the drive-through restaurant shall be removed or relocated inside the building. 14. That all trash shall be properly contained in trash bins contained within approved trash enclosure(s). The number of bins - 4 - shall be adequate and the trash pick-up shall be as frequent as - necessary to ensure the sanitary handling and timely removal of refuse from the property. .The Code. Enforcement Division of the Planning Department shall determine the need for additional bins or additional pick-up. All costs for increasing the number of bins or frequency of pick-up shall be paid for by the business owner. 15. That no storage, display or sale of any merchandise or fixtures shall be permitted outside the building. 16. That at least one (1) sign to discourage driving a vehicle while under the influence of drugs or alcoholic beverages shall be prominently displayed inside the convenience building for every three (3) signs advertising beer or wine; provided,. however, that at least two (2) such signs to discourage driving a vehicle while under the influence of drugs or alcoholic beverages shall be prominently displayed inside the building. Said. information shall be specifically shown on the plans submitted for building permits,. 17. That the operator of the service station/convenience market shall participate in, and aid and support educational and other programs intended to reduce driving while under the influence of drugs or alcoholic beverages. 18. That all provisions of Anaheim Municipal Code Section 18.27.023.020 (as it .may be amended from time to time) pertaining to off-sale of beer and/or wine in connection with service stations shall be complied with. 19. That no alcoholic beverages except beer and wine shall be sold on the premises. 20. That window signs shall not be permitted for the service station or convenience market. All fixtures, displays, merchandise and other materials shall be setback a minimum of three (3) feet from all window areas. Said information shall be specifically shown on the plans submitted for building permits. 21. That no seating or table areas for the. service station/convenience market shall be provided for on-site food consumption. Said information shall be specifically shown on the plans submitted for building permits. 22. That during business hours. of the service station/convenience market, separate menus and women's restrooms shall be available to the public, and shall be properly supplied and maintained, Said facilities shall be specifically shown on the plans submitted for building permits. - 5 - 23. That, in conformance with Anaheim Municipal Code pertaining to removal of closed service stations an unsubordinated agreement shall be recorded with the Office of the Orange County Recorder agreeing to remove the service station structures in the event that the station is closed for a period of twelve (12) consecutive months. A service station shall be considered closed during any month in which it is open for less than fifteen (15) days. A copy of the recorded agreement shall be submitted to the Zoning Division. 24. That no propane tanks shall be permitted. 25. That three (3), eight (8) to ten (10) foot, brown trunk height California Fan Palms shall be installed within the. landscaped setback area in front of the drive-through restaurant. Said information shall be specifically shown on the plans submitted for building permits. 26. That the .site plan shall be modified to show the minimum ten (10) foot wide landscaped setback planter area required by Code. along the south property line east of the proposed carwash building. Said information shall be specifically shown on the plans submitted for building permits. 27. That a chain link fence with PVC slats shall be utilized as the enclosure of the vapor recovery. system. At such time as the vapor recovery system is removed, the chain link fencing shall be removed and a new. parking .space. shall be provided in compliance with City standards and a minor expansion of the landscaped area along this new space shall be provided.. Said information shall be specifically shown on the plans submitted for building permits. 28. That the vapor recovery system shall be painted to minimize reflection and visibility to the public right-of-way. The condition of the paint shall be adequately maintained. Said information shall be specifically shown on the plans submitted for building permits. 29. That the landscaped planter areas proposed along the east elevation of the convenience market shall be extended along the entire front of the building elevation, with the exception of the front entryway doors. Said information shall be specifically shown on the plans submitted for building permits. 30. That the following items shall be removed from the sign plans submitted for building permits: • Two (2) sets of internally-illuminated cabinet signs located on the east elevation of the convenience market for food product - 6 - display. Two (2) internally illuminated cabinet signs located on the north elevation of the carwash building for food product display. One (1) 'carwash entrance' pole sign facing Ball Road (this sign would function as an advertisement for the carwash rather than as a directional sign for carwash users). 31. That the design of the monument sign for' the service station/convenience market shall be upgraded by widening the base to an appropriate width proportional to the height of the sign; and that a cornice treatment shall be added to the monument sign. Final sign plans shall be submitted to the Zoning Division for review and approval indicating this modification. Any decision by the Zoning Division may be appealed to the Planning Commission as a 'Reports and Recommendations' item. 32. That the hours of operation of the carwash facility shall be from 7:00 a.m. to 7:00 p.m. daily; and that beer and wine shall not be sold between the hours of 2 a.m. to 6 a.m. 33. That sound pressure level field measurements of the carwash shall be taken on-site prior to commencing operation of the carwash to ensure compliance with the Anaheim Municipal Code. 34. That there shall be no exterior audio advertisement of beer and/or wine sales. 35. That final landscaping and irrigation plans for subject property shall be submitted to the Zoning Division for review and approval. All trees shall be minimum twenty. four (24) inch box sized. Any decision made by the Zoning Division regarding said plan may be appealed to the Planning Commission as a 'Reports and Recommendations' item. All trees shall be properly and professionally maintained to ensure mature and healthy growth, the trees shall not be unreasonably trimmed. 36. That signage for subject facility shall be limited to that shown on the exhibits submitted by the petitioner, and as conditioned herein: A`comprehensive final sign plan shall be submitted to the Zoning Division for review and approval prior to issuance of building permits: Any additional signage shall be subject to approval by the Planning Commission as a 'Reports and Recommendations' item. 37. That four (4) foot high address numbers shall be displayed on the roof of the new convenience market building and the existing drive-through restaurant in a contrasting color to the roof material. The numbers shall not be visible to the adjacent streets or properties. Said information shall be specifically shown on the plans submitted for building permits. - 7 - 38. That final elevation plans for the new construction shall-be submitted to the Zoning Division for review and approval by the Planning Commission as a 'Reports and Recommendations' item with modified architectural enhancements incorporated into the project, including the following: Incorporation of ledge stone treatment into the trash receptacles located between the pump dispensers since it is not being applied to the pump island canopy. Incorporation of additional architectural features to define the main entry.. 39. That as required by the Public Works Department, Streets and Sanitation Division, all necessary National Pollution Discharge and Elimination System (N.P.D.E.S.) permits shall be obtained. 40. That within ninety (90) days from the date of this resolution, the developer shall submit a Remedial Action Plan to the Public Utilities Department, Environment and Safety Division, for review and approval. Within ninety (90) days of receipt of approval of the Remedial Action Plan, the developer shall implement said Remedial Action Plan to the satisfaction of the Public Utilities Department, Environment and Safety Division. 41. That the location of any above-ground exhaust vents in conjunction with this service station facility shall be shown on the plans submitted for building permits so as to be located. outside the required setback area and to be as minimally., noticeable from public view as possible. Said plans shall also identify the .specific treatment of each vent (i.e., landscape. screening, color of vents, materials, etc.) and shall be subject to the review and approval by the Zoning Division. 42. That the existing street improvements .along Ball Road and Brookhurst Street shall be removed and full street improvements constructed at the ultimate location. That prior to issuance of a building permit, street improvement plans shall be submitted to the Subdivision Section of the Public Works Department; and that a performance bond in an amount approved by the City Engineer and form approved by the City Attorney shall be posted with the City of Anaheim to guarantee said improvements. The improvements shall be constructed prior to final building and zoning inspections. , 43. That the legal property owner shall prepare an unsubordinated covenant to hold the two (2) parcels for the development as a single parcel, in a form satisfactory to the City Attorney; and that said covenant shall be recorded with the Office of the Orange County Recorder. A copy of the recorded - 8 - covenant shall be submitted to the Zoning Division. Provisions shall be made in the covenant to guarantee that the entire complex shall be managed and maintained as one (1) integral parcel for purposes of parking, vehicular circulation, signage, maintenance, and land usage and architectural control; and that the covenant shall be referenced in all deeds transferring all or any part of the interest in the property. 44. That prior to commencing operation of this new business, valid business license(s) shall be obtained from the Business License Division of the City of Anaheim Finance Department. 45. That prior to connection of electrical service, the legal owner of subject property shall provide the City of Anaheim with a five (5) foot wide public utilities easement along the path from the system point of connection to pad mounted equipment, and an eighteen (18) foot by twenty five (25) foot easement for the transformer. 46. That an on-site trash truck turn-around area shall be provided in accordance with Engineering Standard Detail No. 610, and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn?around area shall be specifically shown on the plans submitted for building permits. 47. That any required relocation of City electrical facilities shall be at the developer's expense. Landscape and/or handscape screening of all pad-mounted equipment shall be required and shall be shown on the plans submitted for building permits. 48. That the locations for future above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on the plans submitted for building permits. Said plans shall also identify the specific screening treatment of each device (i.e., landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to review and approval by the appropriate City departments.. 49. That all backflow equipment shall be located above ground outside the street setback areas in a manner fully screened from all public streets. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside the street setback areas in a manner fully screened from all public streets and alleys: Said information shall be shown on plans submitted to and approved by the Water Engineering and Cross Connection Control Inspector before submittal for building permits. - 9 - 50. That because this project has landscaping areas exceeding--- two thousand five hundred (2,500) square feet, a separate irrigation meter shall be installed and shall comply with. Chapter 10.19 (Landscape Water Efficiency) of the Anaheim Municipal Code and Ordinance No. 5349. Said information shall be shown on the plans submitted for building permits. 51. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said storage 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. Said information shall be specifically shown on the plans submitted for building permits. 52. 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. 53. That the property shall be permanently maintained in an orderly fashion though the provision of regular landscaping maintenance, removal of trash or debris,. and removal of graffiti within twenty four (24) hours from. time. of occurrence. 54. That all requests for new water services or fire lines, as well as any modifications, relocations or abandonment of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. 55. That all existing water services and fire lines .shall conform to current Water Services. Standards and Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if continued use is-necessary or abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the cost to upgrade or abandon any water service or fire line. 56. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval to show conformance with the current versions of Engineering Standard Plan Nos. 436 and 601/602 pertaining to parking standards and driveway location. Subject property shall thereupon be developed .and maintained in conformance with said approved plans. 57. That the driveways on Ball Road. and Brookhurst Street shall - 10 - 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 the plans submitted for building permits. 56. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval to show conformance with the current version of Engineering Standard Plan No. 137 pertaining to sight distance visibility for the new monument sign location. 59. That the property owner/developer shall complete a Burglary/Robbery Alarm permit application, Form APD 516. 60. That this Conditional Use Permit is granted subject to adoption of a zoning ordinance in connection with Reclassification No. 2002-00087, and annexation of the property to the City of Anaheim. 61. 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. 1-11, and as conditioned herein, with the following signs to be removed: Two (2) sets of internally-illuminated cabinet signs located on the east elevation of the convenience market for'food product display. Two (2) internally illuminated cabinet signs located on the north elevation of the carwash building for food product display. One (1) 'carwash entrance' pole sign facing Ball Road (this sign would function as 'an advertisement for the carwash rather' than a directional sign for carwash users). 62. That the legal property owner shall submit a letter to the Zoning Division requesting termination of Conditional Use Permit No. 2000-04256 (to constructea new service station with a convenience market and waiver of required landscaping adjacent to interior site boundary lines}, Conditional Use Permit No. 3932 (to permit the expansion of an existing service station to include a convenience market with retail sales of beer and wine for off-premises consumption at 1201 South Brookhurst Street),' and Conditional Use Permit No. 638 (to permit an existing service station within 75 feet of an R-1 Zone) 63. That on-site landscaping including trees shall be maintained in a healthy condition. In the event the landscaping is damaged, diseased or dies, it shall be replaced in a timely manner- 64. That the maximum height of the service station canopy shall be fifteen and one-half (1530 feet to the underside, and nineteen - 11 - I and one-half (1934) feet to the top of the canopy. Said information shall be specifically shown on the plans submitted for building permits, 65. That prior to issuance of a building permit or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 4, 13, 16, 20, 21, 22, 23, 25, 26, 27, 28, 29, 30, 31, 35, 36, 37, 38, 39, 41, 42, 43, 45, 46, 47, 48, 49, 50, 51, 52, 56,..57, 58, 60, 62 and 64, 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. 66. That prior to final building and zoning inspections, Condition No. 16, 33, 42, 44, 59 and 61, above-mentioned, shall be complied with,.. 67. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set. forth. Should any such conditions, or any part thereof, be declared invalid or unenforceable by the final .judgment of .any court of competent jurisdiction, then this Resolution, .and any approvals herein contained, shall be deemed null. and void.. THE FOREGOING RESOLUTION approved d adopted by the City Council of the City of Anahe' this. 18th a of March, 2003. MA OF TH C ANAHEIM. ATTEST,: ~ CIT'I CLERK F THE CITY OF ANAHEIM aeeoa.i - 12 - STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM j I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2003R-66 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 18th day of March, 2003, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Chavez, Hernandez, McCracken NOES: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS: Pringle, Tait TEMP. ABSENT: MAYOR/COUNCIL MEMBERS: None CITY CL K OF"THE CITY OF ANAHEIM (SEAL) i 1-180 ~ 92 5 DU RM-1200 5 DU RCL 77-78-21. 4 RCL 69-70-285 DU 5 DU tRes CL) INN VAR 297j 4DU O~ 4DU pz D ToGmbtlbn W ~IWW SL ®-- - 650' CL CL 77-78-23 JP 2003-04730 CUP 4085 CUP 1999 ADJ 78 APING CENTER 23 4730 NTER CUP 1999 SHOPPING CENTER m ~Om= ~ mmU '~ CL J~m~ ~~ y nnu RCL fit-63-1B Umn.~ U` ° LL ADJ 0159 VUU J Q¢ : U»O: AA NO. 159 ~ ¢ PROF. OFFICES LINCOLN AVENUE sso' VAR 4041 GPA 139 RCL T-CUP 2003.04 i CUP 2003-046E CUP 3429 CUP 2053 CUP 307 CUP 307 VAR 4041 GPA t39 VACANT w z 5 -7200 Z RS-7200 ~- EACH S 1 DU EACH TRANSIT AVENUE -T ~ ~ -- 1 Du EACH Rs-7zoo N 1DU EA H ~ ~ A 2 Z oU m $a .TI Ir W m -~ ~ o Conditional Use Permit No. 2003-04681 TRACKING NO. CUP2003-04776 Requested By: JOHN O'BRIEN RSA-43,000 cuP ze71 VAR 2277 PRIVATE SCHOOL I s Rsazoo ° ®- 1 DU EACH z -i m m CL (BCC) N RC RCL 98-99.11 - i 61-62-118 '. m T . '~ RCL 56-57-57 CUP 3840 L ' EIR NO. 319 1,280' TO THE BROOKHU oU~ =.U 00 ° ONTO OOJ n ~ ~ N Nm Qn=~O U~ Z RE J--1~~ h 1`a N U b J J J U ~K'^U U Ua K K K 0:> Tt-]Z-04 (ROS. of Inl. to CL) TLaaz los. o11nL to RS-A-03,000) VACANT CL APARTMENTS RS-A- RCL 71• RCL7 (Res of Ir 264 APARTI ~i of Subject Property Dates September 22, 2003 Scale: 1" = 200' Q.S. No. 33 REVIEW OF FINAL ELEVATION PLANS FOR APREVIOUSLY-APPROVED 82-UNIT, ATTACHED AND DETACHED "AFFORDABLE" RESIDENTIAL CONDOMINIllM PROJECT WITH A DENSITY BONUS. 2300 - 2340 West Lincoln Avenue 953 ATTACHftENT - R&R ITEM N0. 1-0 RESOLUTION NO. PC2003-59 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION .FOR CONDITIONAL USE PERMIT NO. 2003-04661 BE GRANTED, IN PART 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 pf California, described as: PARCEL I: THE WEST HALF OF THE NORTHEAST QUARTER. OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 10 WEST; 1N THE SAN JUAN CAJON DE SANTA ANA, AS PER MAP RECORDED IN BOOK 51 PAGE 1D OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THE NORTH 66.00 FEET THEREOF, AND EXCEPT FROM THE REMAINDER OF SAID LAND, THE NORTH 150.00 FEET OF THE WEST 200.00 FEET, MEASURED ALONG THE NORTH AND WEST LINES THEREOF. PARCEL 2: THE NORTH 216 FEET, MEASURED ALONG THE WEST LINE OF THE WEST 200 FEET, MEASURED ALONG THE NORTH LINE OF THE WEST ONE-HALF OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SAID SECTION IS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THE NORTH 66.00 FEET THEREOF. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the Cily of Anaheim on April 21, 2003 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 ahd to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Sections 18.31.050.090, 18.44.050.220 and 18.55:042 to wit: td construct 32 attached and 50 detached 'affordable' residential condominium units with a and with waivers of the following: (a) Section 18.04.045.0140 - Minimum front yard setback. (35-foot minimum building setback required along Lincoln Avenue; 28.1 to 34.7 feet proposed for 16 units fronting on Lincoln Avenue) (b) Sections 18.06.050.010.012.0121 - Minimum number of parking spaces. 18.06.080 and 18.31.066.010 CR\pc2003-059.doc -1- PC2003-59 (c) Section 18.31.062.010.012 Maximum structural heioht adiacent to a sinole family residential zone.' - --- (1-story permitted within 50 feet of asingle-family residential zone boundary, and 2-stories permitted between 50 to 150 feet from asingle-family residential zone boundary when there is no visual intrusion; 2-StOfV dwelling units proposed 11 to 88.5 feet from seven RS-7200 'Residential, Single-Family' zoned dwellings to the south and west) (d) Sections 18.31.063.020.024 - Minimum landscaped setback adiacent to asingle-family and 18.31.063.020.026 residential zone. {20-foot wide landscaped setback with one tree planted per 20 lineal feet required along an RS-7200 zone boundary; 11-foot setback proposed between Lot No. 20 and RS-7200 zoning to the south) (e) Section 18.31.063.020.022 - Minimum interior setback. (9 feet required for building walls containing windows opening to habitable rooms; 5 to 8 feet proposed). (f) Section 18.31:063.020.021. - Minimum distance between buildinos. (20 feet required between building walls containing main entrances; 7 to 20 feet proposed) 2. That the proposed project complies with the permitted residential density for the subject 8.8-acre property and zoning (maximum 127 units permitted in the RM-3000 zone based on 14.5 dwelling units/acre; 82 dwelling units proposed, which is a density of 9.3 unilslacre); and that, therefore, the petitioner has requested five alternative Incentives (i.e., waivers (a) minimum front yard setback, (c) maximum structural height within 150 feet of asingle-family zone boundary, (d) minimum landscaped setback abutting asingle-family residential zone, (e) minimum interior setback and (f) minimum distance between buildings) in lieu of a Density Bonus as permitted under Section 18.99.030.020 of the Anaheim Municipal Code and Section 65915 of the California Government Code; and that, as discussed in the Staff Report to the Planning Commission dated April 21, 2003, the petitioner has submitted a detailed financial analysis prepared by an independent economic consultant specializing in real estate valuation and redevelopment to justify said Incentives (waivers) in lieu of a Density onus as permitted under the afore-mentioned Code Sections and that said financial analysis and study conclude that the equivalent financial value of a Density Bonus would exceed the value of all five requested Incentives. 3. That waivers (a) minimum front yard setback, (c) maximum structural height within 150 feet of asingle-family zone boundary, (d) minimum landscaped setback abutting asingle-family residential zone, (e) minimum interior setback and (f) minimum distance between buildings, are hereby approved based on a detailed financial analysis having been prepared for this development proposal, as discussed in the preceding paragraph, to justify Incentives (waivers) in lieu of a Density Bonus as permitted under Section 18.99.030.020 of the Anaheim Municipal Code and Section 65915 of the California Government Code; that said financial analysis and study concludes that the equivalent financial value of the Density Bonus exceeds the value of all five requested Incentives; that the RM-3000 Zone standards were intended for attached townhouse-style development and not small-lot single-family development which is proposed on a majority of the subject property; and that similar waivers have been granted for similar small lot single-family developments. 4. That waiver (b), minimum number of parking spaces., is hereby denied on the basis that ft was deleted following public notification. -2- PC2003-59 5. That the proposed detached and attached residential condominium subdivision, as designed and conditioned herein, will not adversely effect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 6. That the size and shape of the site for the proposed detached and attached residential condominium subdivision is adequate to allow full development of 82 units in a manner not detrimental to the surrounding residential neighborhoods. 7. That the traffic generated by the proposed detached and attached residential condominium subdivision will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 8. That granting this conditional use permit, under the conditions imposed, will not be detrimental to the peace, heath, safety and general welfare of the citizens of the City of Anaheim: 9. That the selected Incentives (i.e., the waivers) will contribute significantly to the ability of the Eligible Housing Development (i.e., the development proposal) to provide housing to Lower Income Households and Very Low Income Households at Affordable Housing Costs. 10. That the selected Incentives are compatible with the character of the Eligible Housing Development and the surrounding area, relative to other Incentives (waivers) which might be granted. 11. That the selected Incentives~will not have a detrimental impact on municipal services and infrastructure, such as traffic volumes and road capacities., school enrollments, recreational resources and parks and water, sewer and storm drain facilities, and will be compatible with the public health, safety and welfare; provided that if every Additional Incentive which might be selected would have a detrimental impact on such services and infrastructure, the selected Incentives shall cause the least impact, relative to other Additional Incentives which might be granted, on services and infrastructure. 12. That one person spoke at the public hearing in favor of the proposal, but expressed concern about the vacant lot at the southwest corner of the subject site.: 13. That one person spoke at the public hearing with concerns and suggestions; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to construct 32 attached and 50 detached 'affordable' residential condominium units with a Density Bonus and waivers of (a) minimum front yard setback, (b) minimum number of parking spaces., (c) maximum structural height adjacent to asingle-family residential zone, (d) minimum landscaped setback adjacent to asingle-family residential zone, (e) minimum interior setback and (f) minimum distance between buildings on arectangularly-shaped 8.8-acre property, having a frontage of 660 feet on the south side of Lincoln Avenue and amaximum-depth of 580 feet, being located 650 feet east of the centerline of Gilbert Street, and further described as 2300 - 2340 West Lincoln Avenue; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independentjudgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, in part, 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 Ciry of Anaheim: That final landscaping plans (including front yard landscaping) and fencing plans for the subject property shall be submitted to the Zoning Division for review and approval. Said plans shall show _3_ PC2003-59 minimum twenty four (24) inch box sized trees in the front yard of each home, screening trees _ planted twenty (20) feet on-center along the south property line adjacent to the single-family dwellings in the RS-7200 (Residential, Single-Family) Zone, and one (1) tree for every twenty (20) feet of street frontage along Lincoln Avenue planted in the landscaped setback adjacent to Lincoln Avenue. Any decision made by the Zoning Division regarding said landscaping and fencing plans may be appealed to the Planning Commission and/or City Council. All trees shall.be properly and professionally maintained by the homeowners association to ensure mature and healthy growth. 2. That final building elevation plans, a colors and materials board, and 'street presentation' plans, showing .building articulation and architectural embellishments for all elevations, shall be submitted to the Zoning Division and the Community Development Department for review and approval by the Planning Commission as a'Reports and Recommendations' item. 3. That the City of Anaheim sewer connection and sewer capacity mitigation fee for the West Anaheim area shall be paid. 4. That the developer shall plant minimum twenty four (24) inch box sized trees on maximum thirty (30) foot centers in the parkway, or minimum fifty lwo (52) inch square tree wells, in the public right-of- way along Lincoln Avenue. Said information shall be specifically shown on plans submitted for Planning Department and Public Works Department approval 5. That the property owner/developer shall install street lights on Lincoln Avenue as required by the Electrical Engineering Division. A bond to guarantee installation of the street lights shall be posted with the City of Anaheim prior to issuance of building permits. The street lights shall be installed prior to occupancy of the first dwelling unit.. 6. That all backflow equipment shall be located above ground outside the street setback areas in a manner fully screened from all public streets. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside the street setback areas in a manner fully screened from all public streets and alleys. Prior to submittal of plans for building permits, said information shall be shown on plans submitted to the Water Engineering and Cross Connection Control Inspector for review and approval 7. That because this project has landscaping areas exceeding two thousand five hundred (2,500) square feet, a separate irrigation meter shall be installed in compliance with Chapter 10.19 (Landscape Water Efficiency) of the Anaheim Municipal Cade and Ordinance No. 5349. Said information shall be shown on the plans submitted for building permits. 8. That all requests for new water services or fire lines, as well'as any modifications, relocations or abandonment of existing water services and fre lines, shall be coordinated through the Water Engineering Division of the Anaheim Public Utilities Department" 9. That gates shall not be installed across any driveway or private street in a manner which may adversely affect vehicular traffic in the adjacent public street: Installation of any gates shall conform to Engineering Standard Plan No. 609 and shall be subject to review and approval by the City Traffic and Transportation Manager. Said information shall be specifically shown on the plans submitted for building permits. 10. Proposed Condition No. 10 was intentionally deleted at the public hearing on April 21, 2003. 11. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. -4- PC2003-59 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 and Sanitation Division, for review and approval 13. That a comprehensive trash management program shall be submitted to the Public Works . Department, Streets and Sanitation Division, for review and approval. Said program shall include the following information: • A detailed site plan, drawn to scale, showing the storage and collection areas for automated trash barrels for each unit, the location of any trash ehclosu~e(s) with drawings of the enclosure details, and truck access through the alley and private streets; • Placement of an access "knox" box at both automatic entrance gates; and • Disclosures in the Covenants, Conditions, and Restrictions ("CC&R's°) describing the location and storage of automated containers for each dwelling unit. The CC&R's shall be submitted to the Streets and Sanitation Division of the Pubtic Works Department and the City Attorney's Office for review and approval. 14. That all existing water services and fire lines shall conform to current Water Services Standards Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if cbntinued use is necessary or abandoned if the existing`servide is no longer needed. The owner/developer shall be responsible for the cost to upgrade or to abandon ariy water service or fire line. 15. That prior td submitting water improvement plans, the developer shall submit a wateFsystem master plan, including a hydrauliddistributidn network analysis, to thePublic Utilities Department, Water Engineering Division, for review and approval. The master plate shall demonstrate the adequacy of the proposed on-site water system to meet the project's water demands and fire protection requirements. 16. That water improvement plans shall be submitted to the Water Engineering Division for review and approval; and that a performance bond, in an amount approved by the City Engineer and City Attorney, shall be posted with the City of Anaheim, 17. That prior to application for water meters or fire lines, or prior to submittal of water improvement plans to the Public Utilities Department, Water Engineering Division, for review and approval, the developer/owner shall .submit an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project to the Water Engineering Division. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system improvements required to serve the project shall comply with Rule No. 15A:6 of the Water Utility Rates, Rules and Regulations. 18. ThaCthe location(s) for future above-ground Ltility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc.., shall be shown on the plans submitted for building permits. Said plans shall identify the specific screening treatment of each device (i.e., landscape screening, color of walls, materials, identifiers, access points, etc.), and the plans shall be subject to review and approval by the appropriate Cily departments. 19. That any required relocation of City electrical facilities shall be at the developer's expense. Landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall be shown on the plans submitted for building permits. 20. That roll-up garage doors shall be shown on the plans submitted for building permits. Said doors shall be installed and maintained as shown on the approved plans. _5_ PC2003-59 21. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval specifying how the vehicle security gates and vehicle turn-around areas will function. 22. That plans shall be submitted to the City Traffic and Transportation Manager for review and, approval showing conformance with the current versions of Engineering Standard Plan Nos. 436, 601 and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans.. 23. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor uses. 24. That all driveways shall be constructed with ten (10) foot radius curb returns as required by the City Engineer in conformance with Engineering Standard No. 137. Said information shall be specifically shown on the plans submitted for building permits. 25. That no 'compact' or'small car' parking spaces shall be permitted. 26. That the streets, sanitary sewers and storm drains within this development shall be privately maintained. 27. That all air conditioning facilities and other ground mounted equipment shall be properly shielded from view and the sound buffered from adjacent residential properties. Such information shall be specifically shown on the plans submitted for building permits. 28. That any plumbing and other similar pipes and fixtures located on the exterior of buildings shall be fully screened by architectural devices and/or appropriate building materials. Said information shall be specifically shown on the plans submitted for building permits... 29. That the property shall be permanently maintained in an prderly 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. 30. That clothes washer and dryer hookups shall be shown on the plans submitted for building permits, and shall be incorporated into each condominium dwelling unit. 31. That this Conditional Use Permit is granted subject to approval and recordation of Final Tract Map No. 16477, currently pending. 32. That the property owner shall submit a letter to the zoning Division requesting termination of the following petitions: • Variance No. 4041 (waiver of minimum number of parking spaces and limitations to permitted uses and structures to establish a 90,000 square foot home improvement store with an outdoor garden center), • Conditional Use Permit No. 3429 (tp permit a portable food service use (hot dog cart) in conjunction with a permitted. retail store), • Conditional Use Permit No. 2053 (to permit an auto service station)., and • Conditional Use Permit No. 307 (to construct a service station and used car lot). 33. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 21, as conditioned herein. -6- PC2003-59 34. That prior to issuance of a building permit or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 3, 4, 5, 6, 7, 9, 11, 12, 13, 15, 16, 17, 18, 19,' 20, 21, 22, 24, 27, 28, 30, 31 and 32, 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. 35. That prior to final building and zoning inspections, Condition No. 33, 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 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 RESOLVEp that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION was adapted at the Planning Commission meeting of April 21, 2003. (Original signed By Paul Bostwick( CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: (Original aigned by Eleanor Morrie( SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on April 21, 2003, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BRISTOL, EASTMAN, KOOS; ROMERO, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOYDSTUN IN WITNESS WHEREOF, I have hereunto set my hand this day of 2003. (Original algned by Eleanor Aflorrial SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -7- PC2003-59 ITEM M0. 1-E i 0 p59 ~g2.1 r JA p4~~~ rD N ~O o A O m m a a ._~~ PY BRO P~,>~ Zoe 52-24 5.52 24 4 \~Q~'~y^.gnR 1 ,V SA GUP ~j pS pJP .r 1N~ Reclassification No. 2003-00111 Subject Property Date: September 22, 2003 Scale: 1" = 200' Requested By: ELISA STIPKOVICH, ANAHEIM REDEVELOPMENT AGENCY Q.S. No. 93 A CITY (COMMUNITY DEVELOPMENT DEPARTMENT) REQUEST FOR PLANNING COMMISSION INITIATION OF A RECLASSIFICATION FROM THE ML (LIMITED INDUSTRIAL) ZONE TO THE RM-1200 (RESIDENTIAL, MULTIPLE-FAMILY) ZONE, OR A LESS INTENSE ZONE. 800 East Broadway, 801 East Santa Ana Street, and 409-421 South Vine Street ss2 ATTACHt1ENT - ITEt1 fJO. R&R 1-E MEMORANDUM CITY OF ANAHEIM , Community Development Department DATE: September 9, 2003 TO: Planning Commission FROM: I' a Stipkovich, Executive Director Co munity Development Department SUBJECT: REQUEST FOR INITIATION OF ZONE RECLASSIFICATION This is to request the initiation of a Zone Reclassification from the "ML" (Limited Industrial) zone to the "RM-1200" (Residential, Multiple-Family) zone for properties on the west side of Vine Street, between Broadway and Santa Ana Street (Site). Please see the attached boundary map for reference. The purpose of the requested Zone Reclassification is to allow for the development of multifamily residential housing at a density of up to 36 dwelling units to the acre. The Redevelopment Agency is currently in negotiations with a developer to build a 100 percent affordable multifamily residential housing project on the site. At the request of the Community Development and Planning Departments, the Planning Commission initiated a General Plan Amendment (GPA) in October 2001 to redesignate approximately 120 acres in Central Anaheim from "General Industrial" land use classification to "Low-Medium Density Residential" and "Medium :Density Residential" land use classifications. The area was generally bounded by Broadway, East Street, South Street and Olive Street and included the site. The City Council subsequently approved the GPA on November 13, 2001. The GPA established a land use designation for future development consistent with existing and proposed developments in the area. The Site is currently developed with a mix of commercial uses fronting on Broadway and industrial uses fronting on Vine and Santa Ana Streets. Across Broadway to the north is a residential townhome development. Across Vine Street to the east are commercial uses fronting on Broadway and a mix of single-family/multiple-family residential uses fronting on Vine Street and Santa Ana Street. Across Santa Ana Street to the south and west are the rail line and industrial uses. The requested Zone Reclassification will facilitate the replacement of incompatible blighted industrial properties with new residential development in an area dominated by adjacent residential uses. The Anaheim Redevelopment Agency has invested in new infrastructure, new housing developments, historic preservation projects, and urban office and commercial developments in the Downtown area. The proposed "RM-1200" (Multiple-Family Residential) zoning classification for this area will complement and support the Downtown urban environment. We request that this matter be placed on the Planning Commission agenda for consideration as soon as scheduling will permit. F:\OOCS W DMiN\MEMOS W N M2C10B.DOC ITEH N0. 2 ~ J I I I I 1 J FALMOUTH AVE RS-7200 1 DU EACH ML RCL 2000-00032 (Res. of Int. to CL) RCL 98-99-11 RCL 65-66-32 RCL 64-65-22 (Res. of Inl. le CO) 54-55-33 (Res. of Int. to CL) 54-55-25 CUP 3954 CUP 649 V-793 V-788 S ADJ 0139 SA-RANG COMMUNITY CHURCH cL Ra 2000-0oou ~a (Res. al Inl. m CLJ ~ i RCL 90-99-11 m m CUP 3063 U Ra 2000-00932 (Res. of Int. to CL) V RGL90-99-11 OFFICE fiUIL01NG CL RcL 2009-00032 (Res. of Inl. to CLJ RCL 98-99-11 LlJ MEDICAL OFFICES U:t LL Z RCL 2000-00032 U (Rea. of lnl to LLI ^ LL , (A & RCL 90-9941 - o cuP116~ m - SMALL T-( m 6ljGP5 ' T~ ~ ~r< CL RC L 2000-00032 Y (Res. of lnt. to CLJ Q - RCL 99-99-it CUP 2955 O s7 CUP 1385 ' N VAR 2d105 VAR Bd2 - m I 5.5. LA 1 oQ o W n ti~ o ¢~ I- o° W- w ~ ~ z rn a_ ~ ~ GLEN AVE RS-7200 cL 1 DU EA. RCL 98.99-H fit-fit-54 EIR 319 OFFICE SLUG. RS-7200 1 DU EA. ~127'~ PALMA AVENUE RS-7200 1 DU EA. RS-7200 i DU EA. \I Conditional Use Permit No. 3921 TRACKING NO. CUP2003-04723 Requested By: F.J. HANSHAW ENTERPRISES, INC. RS-7200 1 DU EA. RS-7200 1 DU EA. FIR AVE Subject Property Date: 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 -T-O EXPIRE NOVEMBER 28, 2002) TO RETAIN THE RETAIL SALES OF ALCOHOLIC BEVERAGES FOR OFF-PREMISES CONSUMPTION WITHIN APREVIOUSLY-APPROVED CONVENIENCE MARKET. VAR 3671 , oQ NW A~ J~^ ~~ x oU rya r•W ¢o 1112 North Brookhurst Street, Suite 1 -Cheers Market 844(2003-7-15) Staff Report to the s Planning Commission September 22, 2003 Item No: 2 2a.- CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) (Motion) 2b: CONDITIONAL USE PERMIT NO::3921 (Resolution) ' (Tracking No.'CUP2003-D4723)' SITE LOCATION AND DESCRIPTION: (1) :This irregularly-shaped, 0.91-acre property is located north and east of the northeast corner 'of Brookh~rst Street'and La Palma Avenue with frontages of 83 feet on the eastside of Brookhurst Street and 127 feeton the north side of La Palma Avenue (11:12 North Brookhurst Street,'Suite 1 -Cheers Market). REQUEST: (2) 'The petitioner requests reinstatement of this permifby the modification or deletion of a condition'of approval. pertaining to a timeiimitatiore (approved May 8, 2000, to expire November 28, 2002)', to retain` he retail sales of alcoholic beverages for off-premises consumption within'a previously-approved convenience market under authority of Code Section'78.03.093. BACKGROUND: (3) This itemwas continued from the July28, and the September 8, 2003, Planning `Commission meetings in order for the±applicant to be present. (4) :This property is currently developed with a 9,860 square-foot commercial retail shopping ;'center. The property is zoned CL (BCC}{Commercial, Limited; Brookhu~st 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: (5) Conditional Use Permit No. 3921 (to permit a 2,200,square-foot convenience market with sales of alcohol for off-premises consumption) was approved;?in part, (the alcohol portion expiring on April 28,:1999) by the Commission on Apri128, 1997. A request for i reinstatement and td consideramendment or deletion of conditions of approval pertaining to hours of operation, sales of',hot food or self-serve'soft drinks, window signs and exterior public telephones and to waive minimum!humber of parking spaces to permit and retain =self-service soft drink dispensers inside the convenience market and review and approval ? of final landscaping and sign plans was approved impart, expiring on November 28{ 1999, by the City Council'on January 26, 1999. An May 8 2000, the PlanningjCommission approved a reinstatement to retain the sales of alcoholic beverages (for off-premises consumption) for a,period of two (2) years, to expire on November 28, 2002. (6) `The petitioner requests reinstatement of the portion'of this permit pertaining to the off- ;', premises+sales of alcoholic beverages and amendment to condition no. 1 of Resolution No. PC2000'=55 which reads as.follows: "1. That the sales of alcoholic beverages for off-premises consumption is hereby granted fora period of two (2) years, to expire on November 28 2002 ° sr8641av 'Page 1 Staff Report to the Planning Commission September 22, 2003 Item No. 2 DISCUSSION: (7) Desapriya Jinadasa hassubmitted'a letter of request to retain the retail sales of alcoholic beverages within apreviously-approved convenience market and to delete the condition of approval pertaining to a time limitation. (8) In order to demonstrate that the findings required for the reinstatement of this use have been satisfied, the petitioner has submitted the attached "Justification for. Reinstatement" which indicates that no aspect of the operation has changed since the lasf;approval,,that the physical property has remained the same, and hat all conditions of`approval pertaining to the permit havebeen complied with: (9) The Code Enforcement Division has'submittedthe attached memorandum dated, August 29, 2003, regarding the current status of the property. The memorahdum indicates thaEthe petitioner is complying with conditions of approval with the exceotionlof condition no. 11, pertaining to the sales of alcoholic beverages not exceeding 35 bercentof the oross;? sales of atl retail sales during anu three (31 mohth period. s The petitioner failed to present anyverifiablestatemenf regardingithesoles of alcoholidbeverages to the Code Enforcement or Zoning Division staff: (10) The Anaheim Police Department has submitted a memorandum dated, July 1,' 2003. The memorandum states that,this location is within ReportingDistrict 1420, which'. has a crime rate of 4 percent above average. Ibis also within census ract 867.01, which has a population of 8;598. This'populatiortallows fodfi licensesand there`are presently 5 active licenses in this#ract. 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 Reportingpistrict to the west is 1419 and has a crime rate of 17 percent below average,.. (11) The memorandum further'states that the Anafteim Police bepartment has conducted several investigations of this location over the past two';years and!determined that the business Fias beeh in violation of their ABC (Alcoholic Beverage Control) License'on several'occasiohs. Anaheim Police Department (APD);investigators conducted a decoy program'at this location and the sales clerk sold alcohol to a minor. A ~e-inspection was conducted and APD Investigators found this store had ho records/receipts for heir alcohdl (a violation of their ABClicense), pornography not properly concealed, and sales of drug paraphernalia. Due to the violations of the ABC license antl the manner in which the applicant operates his business, the Police Department recommends'denial oflhe request: to reinstate the portion of the conditional use permit allowing the retail''sales of alcoholic beverages. (12) In order to reinstate a conditional use permit, the Planning Commission must make the finding of fact that all conditions of approval have been met. A Code Enforcement inspection has confirmed,that the applicant is unable to provide records pertaining to the percentage ofalcoholic beverages old at this location. :Staff has made several attempts to retrieve this information without success. Further, the Police Department hadiindicated several violations of the ABC license at this location. Based on the'evidence thtat the business is no£complying'with all conditions of,approval and the Police Department's recommendation for denial, staff feels that the'~equest to reinstate the portion`of the conditional use'permit to sell alcoholic beverages should Be denied:' Page 2 Staff Report to the 'Planning Commission September 22, 2003 Item No. 2 ENVIRONMENTAL'JMPACT ANALYSISi r (13) Staff has reviewed the proposal to reinstate Conditional Use Permit No. 3921 and finds no significant adverse environmental. impacts resulting from any changes to the existingproject. Therefore, staff recommends that the previously-approved Negative Declaration in connection with Conditional Use Permit Nor 3921 serve as the required environmental documentation for this: request upon a finding by the Commission that the Negative peclaration'reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments'7eceived during thepublic review process and,further finding on the basis of the Initial Study (a copy of which is available for review in the Planning; Department) and any comments received that there is no substantial evidence that the project will have a significant effect bn the environment. GROWTH MANAGEMENT ELEMENT ANALYSIS (14) 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 17,19992. 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,ino analysis has been performed. FINDINGS: (15) Before the Commission grants any conditional use permit, it must make a finding of fact ithat the evidence presented shows that alI'of the following conditions exist: (a) ThaYthe 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) Thaf the proposed use will not adversely affect the adjoining land uses and the growth and developmenfof the areain which itis proposed to be located; (c) That he size and shape of the site for the proposed use is adequate to allow the full development of the proposed use in a mannerhot detrimental to the particular area nor to the peace, health, safety, and general welfare; (d) Thaf the traffic generated py the proposed use will not impose an undue burden upon thestreets and',highwaysydesigned'and improved to carry he traffic in the area; and (e) Thaf the granting of the conditional use permit under the conditions;imposed, if any, will not be defrmental to(the peace;: health,'safety and general welfare of the citizens of the City of Anaheim. (16) 'Subsection 18.03.093.040 of the Zoning Code requires that before the Commissiongrants `r'einstatement of the;approval by extension of any time limitations for art atlditionalperiod or 'periods of time, or such time limitation is deleted or modified, the applicant must present ;evidence to establish3he following findings: (a) The facts necessary to support each and every required showing for the issuance of < such entitlement as set forth in Cfiapter 18!03 exist; Page 3 Staff Report to the Planning Commission September22, 2003 Item No. 2 (b) , Said permit is being exercised substantially in the same manner and' in conformance with a16 conditions and stipulations originally approved by the approval body; (c) ' Said permit is being exercised in a manner not detrimental to the particular area'and surrounding land uses, noCto the putilic 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~easonable operation under the'permit as granted. RECOMMENDATION':. (17) Staff recommends that, unless additional or contrary information is'received during the hearing, and tiased upon the evidence submitted to the Commisston, 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) ey motion, determine that the previously-approved Negative Declaration serves as the appropriate environmental documentation for this request. (b) By resolution, denv this request to reinstate Conditional Use Permit No. 3921 (Tracking No. CUP2003-04723) to retain the retail sales of alcoholic beverages for off-premises consumption irl conjunction with a previously-approved convenience market: based on the following: (i) That with regard to reinstating the retail sales ofbeer and wine for off- premises consumption, this permit has not beenoperated substantially in the same manner as originally approved by the Commission, as evidenced by the Code EnforcemenEDivision inspection indicating a failure o provide he required records;'pertaining;to the sales of alcoholic beverages. (ii) That the permit is being exercised in a manner detrimental to the particular area and surrounding land uses, as evidenced by the ABC license violations reported by the Anaheim Police Department over the past two years. (iii) That the request to retain the sales of alcoholic beverages would be detrimental based on evidence from'the Anaheim Police Department`that this business has been citetl for selling alcoholic: beverages to minor,:. sales of improperly marked'and not properly concealed pornographic matter, sales of'drug paraphernalia, unpermitted window signage and no sales records foralcohol aver the past two years. (iv) That the request3o permit the sale of alcoholic beverages at this location, in conjunction with!violations'of the ABC license would be detrimental to the public peace, health and safety and general welfare. (c) Should the Commission wish to approve this request, staff recommends that the i Commission incorporate the conditions of approval contained in Resolution No. PC2000-551nto anew resolution with the following conditions of approval basedbn the finding that the modification is necessary to;permit the ~easonable'operation of this donvenience'market: Page 4 Staff Report to the ' Planning.Commission :'September 22, 2003 Ttem No. 2 L That the retail sales of alcoholic beverages for off-premises consumption shall expire on November 28,2004. 2. That signage for the subjectbusiness shall be limited to thatwhich is shown on the exhibits submitted by the petitioner and as conditioned herein.' Any additional signage: shall be'subject toapproval 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: westerly planter adjacent to Braokhurst Street: 4. That there shall be no publictelephones on the premises located outside of the building. 5. That no food which is cooked, heated, :reheated, assembled or altered on the site orself-service soft drinks (as defined in Section 18.01.040 "Convenience Market; Take-out,.: Food Service") shalt. be permitted without the provision of Code-required parking or that a separate request: and approval of a variance 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 shall not be soltl' in packages containing less than a four (4) pack. 7. That no window signs shall be permitted at any time in order to maintain unobstructed visibility into the store interior from the outside, as recommended byahe Police Department. 8. That there shall be no coin-operated games maintained upon the premises at any time, without issuance of proper permits as required by he Anaheim Municipal Gode. 9. That the area of alcoholic beverage displays, including beet and/or wine displays, shall not exceed twenty-five: percent (25%) of the total display area in the building. 10. That the sales of alcoholic beverages shall not exceed thirty five percent (35%) of the gross sales of ell 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 cfficial during reasonable business hours. 1 L 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 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 shalt determine theheed for additional bins or additional pick-up All costs for increasing the Page 5 Staff Report to the Planning Commission September 22, 2003 Item No. 2 number of bins or frequency of pick-up shall be paid for by the business owner. 13. That no alcoholic beverages shall be consumed on the property.` 14. 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 parkinglot. Said; lighting sftali be directed, positioned and shielded in such a manner so as riot 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~etrievalplan preventing the removal of carts from the :'property is reviewed'and approved by Planning Department staff. 16. That any tree or other landscaping planted in accordance with previous `approvals'and exhibits shall be maintained as approved and shall be 'replaced in a timely manner in the eventthat it is removed, damaged, diseased and/or dead. 17. That the business hours of the subject business shall be limited tp 6 a.m: to 12 midnight. 18. That any exterior vending machine shall not be visible from the'public rigfit- of--way. 19. That the subject property shall tie maintained in accordance with plans and specifications submitted to the!City of Ahaheim by the petitioner and which :plans are on file withfthe Planning Department as Exhibit Nos: 1 and 2, except asbtherwise'conditioned herein. 20. That approval of this applicationconstitutes approval of the proposed request only to the'extent that it complies with the'Anaheim`Municipal Zbning Code and any other applicable City, State and Federal regulations. Approval does not includeany action or findings as to compliance or approval of the request regarding`any other applicable ordinance, ~egulation'or requirement. Page 6 ATTACHMENT - ITEM N0.2 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 lime 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 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 Tha[ 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 fo 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 [he citizens of the City of Anaheim; 18.03.040 (Relative to Variances) Before any variance may be granted by the Planning Commission it shall be shown: .031 That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; .032 That, because of special circumstances shown in .031, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classiricalion in the vicinity. 2. Sold permit or variance is being exercised substantially in the same manner and fn conformance with all conditions and stipulations originally approved by the approval body; 3. Said permit or variance is being exercised fn a manner not detrimental to the particular area and surrounding land uses, nor to the public peace, health, safety and general welfare; and 4. With regard only to any deletion of a time limitation, such deletion is necessary to permit reasonable operation under the permit or variance as granted. ° In order to determine if such findings exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer the following questions fully and as complete as possible. Attach additional sheets if additional space is needed, 1. Has any physical aspect of the property far which this use permit or variance been granted changed significantly since the issuance of this use permit or variance? ^ YES ^ NO _ .~~ Exyp~lain: F-IA ° *tr AH~/.S{-t c s.-~ .nS~cc l ~~ H s~~ = `~ c c tit C tk~~:-'C~~ 1 G - tt ~ t- .; fi F-"= ~I f G. ~ {i ~ A :» t 1 ~ ._ 5 ~. ~!"c i' ~ ~k A•' (over) CASE NOU~ /~' 2. 3. 4. Have the lapd uses in the immediate vicinity changed since the issuance of this use permit or variance? ^ YES a-NO Explain: i.~.~ ~u~~r_~ -/ ~~a~ 3cc wl l~~s~i 3~( ~~-t'c ,.~A~c ~a s ~ { N l -3' 1 Jci wJ .C rLS ~i +L T \tl: L A-S 1 }~.~? v ~A'~=~ ~.4,.,~~ r ,,.t ~ u ~-~ ~ o _~ ~ ~~s ~ , ti ~ t~ ~ a ~ ~ .. Explain:{ ~ 1=e t".,• ~ ~-._1' t.z '~ in:. S ti zc-.w Cam. 1~~.'t'w• ~ Has any aspect f the nature of the operation changed since the issuance of this use permit or variance? ^ YES ~~ u~.''t- ~.~-f .-~>,- 'Two L.7'r ~`r' ~! 2'k.~"~ _ ~Act4+^a..Cti.1 r•Kd+ e. --'~ y~:.~•-. ~ J ~ F t ~-1 '~ 1".r-two •~ ~~ c li ^r T+ U N i=~ ~.. ct-.. ~ y C. t X 4: i '1 1'• { f { l~ '{ (-.1 •,r1~a~'r eJl ~''.' (lr.•~•v ~-_~? -r, 1 ' ^i r-__.a- 1( ' Are the conditions of approval pertaining to the use permik or variance heing complied with? CV DES ^ NO Explain: Hv.,.~f.( ~~..•.. ~cL~.,..-4e_ L.:^^'t-'r~~ 1 e,(.-mac ~ S He-vet ,_, c _. 5. Explain: If you are requesti a deletion of the time limitation, is this deletion necessary for the continued operation of this use or variance? ES ^ NO +.~1 c fr F~l Tc Nl c ' j •r i{-~ ~ f--r ',~ ~, ~'../ ~~ NJ~ (o .J 't+ 1 j 1 ~? iV ~ -.r_ rIi' 7 l~1- P-^u G~~-,.~!>.•. (_r5 ~K-T=-(~i.~i r*'c~ i•~ =r~_ ~., R. ~~ Cam'.. i~.~ t r- ; ~ G ;~ ) r~--t F 4~ c +J' 1 rya C, .t/-Y.. ` ;2" ... ~, '~ 'T~ .-,.C ~~- e -- r, Name of Property caner or Authorized Agent (Please Prin/q/' i!t %~~ Signature of Property Owner or Authorized Agent / D~fe Z06225JK.DOC 12/91 CASE N0. ~~ ~ ~ 3'1 "~- 1 2 ATTACHMENT - ITEM N0. 2 MEMORANDUM CITY OF ANAHEIM Code E~~forcement Divisiaz DATE: AUGUST 29, 2003 TO: AMY VAZQUEZ, ASSISTANT PLANNER FROM: ~~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 1 112 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 I 1 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. ]f you need any further information regarding this matter, please feel free to contact me at ext. 4451. ATTACHMENT - ITEM N0. 2 IYI ~ IYI ® 1't /i OY ® lJ IYI -_ ...... City ofAnaheim - POLICE DEPARTMENT DATE:. July 1, 2003 TO: Amy Vazquez Planning Department FROM: AlSergeant Brian McElhaney Vice Detail SUBJECT: Conditional Use Permit 3921 Cheers Food Stores 1112 North 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. 7126/02 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 S/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.doc ATTACHMENT ITEM N0. 2 RESOLUTION NO. PC2000-55 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 2000-04203 - 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 MASTER CONDITIONAL USE PERMIT NO. 3921 WHEREAS, on April 28, 1997 the Planning Commission adopted Resolution No. PC97- 42 td 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 ahexisting 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: That the retail sales of alcdholid beverages for off-premises consumption is hereby grantedLntil November 28, 1999. WHEREAS, this property is developed with a 9,860 sq.ft. domme~cial retail shopping center, including the Cheers Market; that the property is zohed CL(BCC) "Commerdial, Limited - Brookhurst Commercial Corridor Overlay"; that the property is located 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 uses; and WHEREAS, the petitioner requests reinstatement of Conditibnal 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 of alcoholic beverages (for off-premises consumption) at the existing cohvenience 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 Gode, 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. 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 far 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; Health, 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 conditiohal' use permit for a period of two years until November 28, 2002, as conditioned here..., 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 mannerand 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; that 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 in connection with Conditional Use Permit No. 3921 is adequate to serve as the required environmental 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 peviously 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 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 pa~king waiver is approved. 6. That no food which is cooked, heated, reheated., assembled or altered bn 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 waives 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 fnpackages containing less than a four (4) pack. 8. That no evindow 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 of 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 for maintaining 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 the need for additional bins or additional pick-up. All costs for increasing the number of bins or frequency of pick-up shall be paid by the business owner. 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 bf 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 landsdaping 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_ PC2000-55 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. g9R-23, are hereby superceded, in `.heir entirety, by the above-mentioned Condition Nos. 1 through 21. 8E 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 finaljudgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 8, 2000. tOriginal signed by John hood CHAIRPERSON PRO TEMPORE, ANAHEIM CITY PLANNING COMMISSION ATTEST: !Original signc~ b}• C"argarita Solorio) SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA: ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Splorio, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adapted 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 Margacity_,c~t.~~.~ SECRETARY, ANAHEIM CITY PiANNIf~f OMMISSION -4- PC2000-55 ITEt1 N0. 3 scl tyg-5pO0~~PCN 1 PPSEO OED NORZE 44 1~N5 O\V EtP NSG1 Conditional Use Permit No. 2003-04693 Requested By: HUNTER'S POINTS HOA RS-A~43,000 (PC)(SC) TRACT N0.8463 RCL 98-99-6 RCL 73-74-46(1) RCL 70-71-33 (5) CUP 2003-04693 CUP 2002-04607 CUP 4047 V-2669 (RCL 97-98-12) (CUP 4001) VACANT I \ ALL PROPERTIES ARE IN THE (SC) (SCENIC CORRIDOR OVERLAY) ZONE ~ RS-A-43,000 (PC)(SC) 73-74-46 RCL 70-71-33 VACANT NYON R~ s45 , ~ ROAD TRACT NO. 12667 SP 67-1 T ~~ O Z-1 O C r m D T1 O I RS-HS-2: TRAC RCL7 RCL 7i VF A[ CUI ~ VF RS-HS-10,000 (PC)(SC) / TRACT NO. 8463 RCL 73-74-46 (1) ~ RCL 70-71-33 (6 VAR 2569 PR (PC)(SC) RCL 73-74-34 RCL 70-71-33 ANAHEIM HILLS GOLF COURSE 0 Subject Property Date: September 22, 2003 Scale: 1" = 200' Q.S. No. 204 TO PERMIT A TELECOMMUNICATION ANTENNA AND MICROWAVE DISH ON AN EXISTING ELECTRICAL TRANSMISSION TOWER AND ACCESSORY GROUND-MOUNTED EQUIPMENT WITH WAIVER OF MINIMUM FRONT YARD SETBACK. 6920 East Canyon Rim Road s2s VACANT (PC)(SC) VACANT RS-A-43,000 (PC)(SC) 73-74-46 VACANT RS-5090 (PC)(SC) CUP 1981 S Staff Report to the Planning' Commission ';September 22, 2003: Item No.3 3a.' CEQA CATEGORICAL EXEMPTION -`CLASS 1 3b. 'WAIVER OF CODE REQUIREMENT 3c. :CONDITIONAL USE PERMIT N0.2003-04693 (Motion for continuance) SITE LOCATION AND DESCRIPTION: (1) :This irregularly-shaped 3.05-acre property has a frontage of 545 feet on the south side of Canyon Rim Road, a maximum depth of 295 feet antl is located 180 feet west of the benterline'of Fairmont Bouleva~tl (6920 East Canyon Rim Road - AT & T Wireless)c REQUEST: ' (2) The petitioner requests approval of a conditional use. permit under the authority of Code c'Section`18.21.050.125 to permit a telecommunications antenna and microwave dish on an iexisting electrical transmission: tower and accessory ground-mounted equipment with :waiver of minimum front yard setback. BACKGROUND: (3) This property is developed with'two lattice tower structures on a Southern California Edison easement with the remainder of the property consisting of vacant land. In addition, there are two telecommunications facilities located pn these lattice towers including two separate ground-mounted equipment shelters. The Anaheim General Plan Land Use Element Map :'designates this property far General Open Space land uses and further designates the surrounding properties as follows: Open space to the north (across Canyon Rim Road); !Hillside Low Density`Residential to the east and west, and Golf Course and General Open Space to the south. (4) Maree Hoeger, representative for the petitioner, AT&T Wireless, has submitted the :.`attached letter dated'September 12, 2003, requesting a continuance of this matter to the October 6 2003, Planning Commission meeting in order to relocate and redesign the :'accessory ground-mounted telecommunications equipment sfielter. RECOMMENDATION: (5) .Staff recommends that the Commission, by motion; continue this item to the October 6, "2003, Planning Commission meeting asrequested_by the petitioner. Sr8642vn 'page 1 ........................ ATTACHMENT - ITEM N0. 3 September 12, 2003 Vanessa Norwood City of Anaheim 200 South Anaheim Boulevard Anaheim, CA 92805 Re: Conditional Use Permit No. 2003-04693 Vanessa: This serves to request that the AT&T Canyon Rim/SCE project be continued to the October 6~h, 2003, Planning Commission hearing in order to relocate and redesign the equipment shelter. Thank you, Maree Hoeger Global Telecom Resources, Authorized Agent for AT&T Wireless (949)280-2531 • .`r:i ~ITIONAL USE PERPAI7 ,vo ~.OG3"6493 ITEM N0. 4 pl g7 µG~ F 3599 GUP 2682 ~~P 217 9 V-~~7g pp~08 9992a CE 1Eµ ~~,-. Pp! p19LpG. _ rE8 /RCL 09- ~ p3 _.. 11 1DU GUP ~pU 2pU Pp'p VP0.G~t~ ~f_ .U C \~ ~N p,VEN C, oR G 6ENH L C'O cOIpNY~ Pm[ EM ~m Conditional Use Permit No. 2003-04755 \I m Subject Property Date: September 22, 2003 Scale: 1" = 200' Requested By: TAORMINA TRUST Q.S. No. 83 TO PERMIT AND RETAIN AROOF-MOUNTED TELECOMMUNICATIONS FACILITY ON AN EXISTING HISTORIC BUILDING AND ACCESSORY GROUND MOUNTED EQUIPMENT. 210 East Center Street -Kraemer Building sea Z_ vA yF~ i ~o Y N m ~_~zs~ a ~ ;Mpg l.n~_ - o G ~ \ t\ / \~ G GN in 1 82p~ GEpRp PPRK o fl. gg-g 5 ~ DU RS.SO.9a2~ WpSMN °o Staff Report to the Planning. Commission September'22, 2003 :Item No. 4 4a. CEQA CATEGORICAL EXEMPTION -CLASS 1 4b. CONDITIONALUSE.PERMITNOI2003-04755 (MotionfoEcontinuance) SITE LOCATION AND DESCRIPTION: (1) This rectangularly-shaped O.p9-acre property is located at the northeast corner of Center :'Street and Claudina Street with frontages of 43 feefoh the nortfi side of Center Street and 93 feet on the east side of Claudina StreeY(201 East Center Street-Kraemer Building). REQUEST: (2) The petitioner requests approval of a conditional usepermit under the authority of Code 'Section 113:45.050:310 to permit a telecommunications facilityort an existing historic. .building antl accessory ground mounted equipment BACKGROUND: (3) This property contains a historically significant building constructed in 1924. This 80-foot high, 9-story building consists of 32,000 square feet end is developed as a mixed-use 'project including office and retail uses on the first floor and residential uses above. This building islocated within the Alpha Downtown Redevelopment Project Area and the Anaheim Colony Historic District: The Anaheim Genetal Plan Land Use Element Map designates this property for General Commercial land uses and further designates the 'surrounding properties as follows: Low-Medium Density Residential to the north (across a :public alley); Low-Medium Density Residential to the east; General Open Space to the south (across Center Street) and General Commercial to the west (across Claudina3treet). ', (4) Ryan Wells, the petitioner representing Nextel Communications; has submitted the attached letter dated September 15, 2003; requesting a continuance of this matter to the October 20, 2003, Planning Commission meeting inbrder to explore alternative locations and modified designs. for the microwave dish antennas. RECOMMENDATION: (5) Staff recommends that the Commission, by motion, continue this item to the October 20, `2003, Planning Commissionmeeting as requested Gy the petitioner. Sr8644vrt. Page 1 ATTACHr1EPJT - ITErt rJO. 4 ~~ September 15, 2003. Vanessa Norwood Anaheim City Hall 200 S. Anaheim Blvd. Anaheim, CA 92805 1tE: Continuance of Nextel Communications' zoning applicatiou for the Modification of Wireless Facility Equipment located on rooftop of I{raemer Building, 201 E. Center St. Vanessa, Based on the response from the Anaheim Planning Department regarding the original proposal by Nextel, I am requesting a continuance for the application for modification of Nextel's site at 201 E. Center St. Although the original plan would most likely have resulted in recommendation of denial by the Recommendation Committee, two altematives were discussed that produced positive feedback from Planning. Because these altematives need to be researched and more formally proposed, more time is needed. If possible, please schedule this case for October 20, 2003. Sincerely, Ryan Wells Site Modification Specialist ?!~~!TIONAL USE PERN4IT n mT~,-C~U~`a5 - l~o ITEM N0. S RLl i-90-]9 001 RI`'"5-86.21 R~ 9 8pM 14001 R 11n to RM.24 Res° RVPR 3505 ONO LD OG i Ines 911`88-89-50 L VPR3 pt5. P C LOG. VPR]fi ~LPIB R VPLPM 10 DU ... H.EO 1'05 4091 R L wRM'2 LD 411 ROL6YO1 4211 RM-j6 gp4 IResR~1n LUP 200 1fi3 g RLL gB -B& 99 o p LLUP aj MOTEL VERGREE 6d 65822 Ro ; Bgo pM-24001 IR9s R ~5 R ]e l4 y S RV E N LLUP fi~EE RV E N VP p L~ 0U P u ` .1 OP1 OA 9 ~ LL ST RCCUP 6062 tRp 77 0 FILAR 1595 0 0 Up fi20 L li] ' = ~J s91vPR1W+j42v R L MgB -Bg,'M 14001 ip°++2-0 LULL DFL , FcL IP 109 R G y _ nl m\ W R .~ _. FN .... 0-19.n9+ V.95Z,5 BLC i ~ a ® l SUP ~pU RG156'S13B0 DU mQ i+(1 B .ENET =p Itnnf jWPRE. oW u• RFf ~e Re`-- Re,9 4oU N - 4a~- ~ Lam. Gnu- ~ PR ]211 » EV GTEL RES i n.....- l RB 1100 RGL 008+-01e001 el^RM~ V M m LL Bq.ei-OB mS 9595 R RB-A.d3000 AL. LUP 2~OME iln Ipas9 1GU VPR ~ RESTH 55 RLt~ pM 14Wl LO RLIi ]B 52 E VPR LU VA F IRO+ +OU ~ OFFIC BLDG qJ 00 p LD 129 <g RLL 54' ~j s 1 DU ~ ~'P V VPRE SLOG. LG 6550 GG 5 1d RLlle~~ ~ N o OFF\L +6 f~EBLOG OFFl E6LGG ~1 TFtE CL CUP 33 ..1 S 1a' t""CENTER LL vARZI IN$TA-I OFFICE 4 GU BLDG. CO RCL 67-62-16 RCL 60.81 52 b 10 525310 $-5310 / CUP 3901 CUP gpZ CUP 3316 AUTO gEPgw CL CL BEST CE -39 _ (RRS. of IM. m RM-2400) REST, vgcANi J, ss-ss-19 WAREF CUP 2003-04756 oFFlceaLOC. LINCOLN cUP 920 ~ s6uiisnoPS CI AVENUE OFF DU~FAC m ~ H ~ i7 t A S O c N m o rt11 rt ~ nc O _ ~ Conditional Use Permit No. 2003-04756 ADJ OIBC R Gvp ~fi9' ~A ~ VPF ~ j ~N°o MP GP 2 L R~ Subject Property Date: September 22, 2003 Scale: 1" = 200' Requested By: CHINH V. LY O.S. No. 102 TO PERMIT A CHURCH IN AN EXISTING TWO-STORY OFFICE BUILDING WITH WAIVERS OF: (A) SETBACK FOR INSTITUTIONAL USES ADJACENT TO A RESIDENTIAL ZONE BOUNDARY (B) MINIMUM NUMBER OF PARKING SPACES 1815 East Center Street and 115 North Coffman Street szs p C j ~ fR N ~ g Rs-72r = 1UU~ Staff Report to the Planning'Commission September 22, 2003 r Item No:'5 5a. CEQA NEGATIVE DECLARATION (Motion) 5b.i' ;WAIVER OP CODEREQUIREMENT `(Motion) 4 5c.' 6ONDITIONAL IJSE'PERMIT N0.2003-04756 (Resolution) SITE LOCATION AND DESCRIPTION: (1) This irregularly-shaped, 0.5-acre property is located at the northwest corner of Coffman Street and Center Street, having frontages: of 206 feefon the west side of CoffmamStreet and 72 feet on tfie north side of Center Street (1815 East Center Street and 115 North Coffman `Street). REQUEST: (2) The petitioner requests approvaliof a conditional use permit under authority of Cade Section '.18.41'.050.070 to permit a church within an'existing two-story office building with waiver of the .following: (a) SECTION NO. 18.04.042.020 Setback#or institutional uses adjacent to a residential zohe boundary. (15-foot wide landscape setback required; 3 to 5-foot wide landscape setback'existing.) (ti) SECTION NO. 181106.050.266 Minimum number of oarkino spaces. (33 spaces required; 29 existing and proposed.) BACKGROUND: (3) This property is developed with atwo-story office building and iszoned CO (Commercial, :Office). The Anaheim General Plan Land Use Element Map designates the site for Commercial Professional land uses and surrounding properties as followsi r Direction General Plan Designation' Low-Medium Density North' > Residential East, across Medium Density Residential' Coffman: Street South, across Commercial Professional Center Sheet West Commercial Professional (4) IJo previous zoning actions pertain to this property. PROPOSAL: (5) The petitioner is requesting approval of a conditional'use permif to establish a church within 'an existing office building. No eztericr modifications to the existing building are proposed in 'conjunction with this request. Sr3043ey Page 1 °Use Square Fee4 Code Parking Requirement Parking; s.f. ` Per 1,000 s ware feet of GFA Re wired i Sanctuary/Chapel , ' 940 s.f. 29/1,000 or 0.333 per fixed seat 27.2 whichever results in a higher number of arkin s aces.' 'Church Office ':536 s.f. 4/1,000! 2.1 Page 2 Staff Report to the Planning Commission September22, 2003 Item No. 5 Kitchen 300 s.f. 0.02 perperson allowed by the Fire 2.7 Department to occupy the assembly area` Sunday;School 5,102 s.f. No additional parking required. N/A and Bible Study Classrooms Misc, areas 1,256 s.f. No additional parking required. NIA (including hallways and restrooms TOTAG< 8,734 33 ' '29 spaces per 1;000 s.f. was used for assembly area (9) All existing landscaping is depicted on the site plan, with no new landscaping proposed. .:Existing conditions include a 2-foot wide setback (without landscaping) between parking stalls and the north: property line, adjacent to asingle-family lot. Code currently requires a minimum andscape setback of 15 feet for institutional uses whenadjacent to a residential zone boundary as well es landscaped setbacks of 5 feet adjacent to both streets and ', associated parking lot landscaping. (10) Submitted pfiotographsand a site inspection'indicate a'2-story office building consisting of tan-colored'stucco siding, tinted window glazing, and a combination of parapet and red- colored standing seam'metal roofing. (11) The submitted letter of operation indicates that the church has a congregation of 220 members (120 adults and 100 youths) and three staff members. No private school or child care services (other than during church services) are proposed. The church schedule would be as followsi Weekdavsi Office Hours Monday-Friday: ' B a.m. to 5 p.m. Adult Prayer and Bible Study Wednesday: 7:30 p.m. to 8`.30 p.m. :Youth Bible Study Friday::: 6 p~m. to 8 p.m. Weekends: Young Adult Bible Study , Saturday: 7 p:m. to 9 p.m. Worship Service (Early) Sunday: 9:45 a.m. to 10:30 a.m. Worship `Service (Second) 11 a.m. to 12:15 p.m. ENVIRONMENTAL IMPACT'ANALYSIS: (12) Staff has reviewed the proposal and the Initial Study (a copy of which is available for review irr he Planning Department) and finds no significant environmental impact,and, therefore, recommends that a Negative Declaration tie approved, upon a finding by the Commission that the 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 will have a significant effect on the environment. Page 3 ; Staff Report;to the Planning Commission September,22, 2003 Item No. 5 GROWTH MANAGEMENT ELEMENT ANALYSIS (13) The proposed project hasbeen reviewed by affected Citydepartments to determine whether it conforms with the City's;Growth Management Elementiadopted by the City Council on March 17, 1992; Based on City staff review of the proposed project, it has been determined that this projecfdoes not fit within the scope necessary to require a Growth Management Element analysis, therefore, no analysis has been performed. EVALUATION: (14) Churches are permitted within the CO Zone subject to the approval of a conditional use permit. (15) Waiver (a) pertains to the required setback for institutional uses adjacent to residential zones. Code+requires a 15-foot wide landscaped setback at the north property line antl plans indicate an existing 2-foot wide setback, with no existing or proposed landscaping. The setback is adjacent to asingle-family property and is separated by the existingparking lot. The only proposed activityin this area is parking which would be consistent with previous office uses. Therefore, this proposal would notincrease activity already common to the parking lot. Further, since no new construction is proposed, staff recommends that this waiver be approved provided the area is re-landscaped to provide a'visual buffer for the residential property. (16) Waiver (b) pertains to minimum number of parking spaces. The applicant originally requested to allow the church use in'conjunction with other office uses currently occupying the building. Due to the high parking requirement that resulted from'multiple tenants within this building, the church use is the only use proposed for the building. Code requires a minimum of 33 spaces, based on the size of the assembly area, kitchen and church administration offices, as described in paragraph no. 8 ofthis report; The site'plan indicates a total of 29 spaces available for this site. A parking stutly was submitted, prepared by Traffic Safety Engineers, dated August 5, 2003, to substantiate the requesffor this waiver. The City Traffic and TransportationManager has reviewed this stutly and has determined that 29 parking spaces is not adequate for the proposed church due to the number of adult congregants. Staff is concerned that the use of only 940 square feet (approximately 12 percent of the building) may prove unrealistic given the size of the congregation. Although staff'js supportive of reusing the office building: as a church, we are concemed hat available parking is not adequate to meet botfi the short-term and long-term growth of the church..! Therefore, staff7ecommends denialof this waiver. (17) The Public Works Department, Traffic Engineering Division does not recommend approval of the parking waiver since oh-site parking may not be adequate to accommodate the number of members that may potentially attend'SUnday services. A proposal for off-siteparking (of approximately 20 additional parking spaces) and shuttle service was proposedby the applicant. The off-site parking lot would be located at 1425 East Lincoln Avenue (approximately2,200 feeffrom the subject property) and would be shared withan existing officeibuilding. 1t is unclear whether he properly proposed for off-site parking has a surplus of spaces (in excess of Code requirements) that coultl be used by the petitioner. Based' on the distance of the proposetl overflow parking lot from the property, staff does not feel that the off-site parking would be utilized.'. This could result in church patrons parking within the residential neighborhood along Coffman Street: Staff is especially concerned about religious occasions or events when'all church'members may wantto congregate at the'same time: Further, Sunday services are separated byjust 30 minutes and it is flighty possible thaftnere would be an overlap in members parking on the property and vicinity: Therefore, based on the recommendation of the Traffic Engineering Division,`staff recommends denial of this conditional use'permit. Page 4 Staff Report to the Planning: Commission September 22, 2003' Item No. 5 (18) Although the Traffic and Transportation Manager does not support the parking waiver, the parking study tloes include the following findings in support of the. waiver: "(a) That the waiver, under the conditions imposed, i€ any, will not cause fewer off-street parking spaces to be provided for such use than the number of suchspaces necessary to accommodate 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 foFthe proposed church and non `church related office joint uses. (b); That the waiver, under the conditions imposed, if any, will not increase the demand and. competition for parking paces,upon the. public streets: in the immediate vicinity of 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 both the proposed chinch and office peak parking demands. (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 project parking lot is physically separated from other adjacent development. Furthermore, there is no reason to encroach other parking;facilities because the project's parking lot provides ample parking as indicated in the parking analysis. (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. Traffic and parking congestion will not occur because the supply of parking spaces for the project site is anticipated to be only 55% occupied during the peak parking:, demand period: (e) That the waiver,: under the conditions imposed,,if any, will not impede vehicular: ingress to oregress from,adjacentproperties upon the public streets in the immediate vicinity of the proposed use. The proposed office and church project site is physically separated from the adjacent private properties. Therefore, there will be no impeding of traffic access into or out of adjacent parking lots:' FINDINGS: (19) When practical difficulties or unnecessary hardships result from strict enforcement of the Zoning Code, a modification maybe granted for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zone. The sole purpose of any code waiver is to prevent discrimination and none shall be approved which would have the effect of granting a special privilege not shared by other similarproperties. Therefore, before any code waiver is granted.: by the Planning Commission, it shall be shown: Page 5 Staff Report to the Planning Commission September 22, 2003 Item No. 5 (a) That there are special circumstances applicable to the property such as size, shape, aopography, location or surroundings, which do not(apply to other identically zoned'.? properties: in the vicinity; and (b) :That strict; application of the Zoning Code' deprives the property of privileges enjoyed by other properties under identical zoning classification in the vicinity. (20) That Section 18.06.080 of the parking ordinance sets forth the following findings which are required to be made before the parking waivers' are approved by the Planning Commission or City Council. (a) That the 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 o accommodate all. vehicles attributable to such use under the normal and reasonably foreseeable conditiohs of operation of such use; and Section and (b) That the waiver, under the conditions imposed if any, will not increase the demand`and competition for parking spaces'upon the public streets in the'mmediate vicinity of he proposed use; and (c) .That the waiver, under the conditions Imposed if any, will not increase the demandand competition for parking spacesiupon adjacent private propertyiin the immediate vicinity `of the proposed use; and (d) That the waiver, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking areas'or lots provided for such vse; and (e) That the waiver, under the conditions imposed, if any, will not impede (vehicular ingress to or egress from adjacent properties upon the public 'streets in the immediate vicinity of the proposed use. Unless conditions to the contrary are'expressly imposed upon the grant of any waiver pursuant to this'section by he Planning Commission or City Councils he granting of any such waiver shall beileemed contingent upon operation of such use in conformance with the assumptions relating to the operation and intensity of theuse as contained in the parking demand study that fprmed'the basis for approval of said waiver. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions as contained jh the parking demand study shall be deemed a violation of the express: conditions'imposed upon said waiver which shall subject'said waiver to termination or modification pursuant o the provisions of Sections 15:03.091 and(18.03'.092 of this Code. (21) Before the Commission grants any conditional use permit,'. it must make a finding of fact that the evidence presented shows that all of the following conditions exist: (a) That the p~pposed use is properly one forwhich a conditional use permifis authorized by the Zoning Code, or that said use is not listed therein as being a permitted use; i (b) 'That the proposed use will not adversely affect the adjoining land uses and the growth `'and development of the area in which ifis proposed! to be located; (c) That the size and shape of the'site for the proposed' use is adequate to allow the full development of theproposed'use in a manner nofdetrimental'to the particular area nor to the peace, health, safety,'and general welfare; Page 6 Staff Report to the Planning. Commission September 22, 2003! Item No. 5 (d)', That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improvedto carry the traffic in he 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 ofihe citizens of the City of Anaheim. RECOMMENDATION: (22) Staff recommends that, unless additional or contrary information is received;during the. hearing, and based upon the evidence submitted to the Commission, including the evidence presented in his staff report, and oral and written evidence presented at the;public hearing, he Commission take the following actions: (a)' By motion, determine that the project is Categorically Exempt under Section 15301, Class,l (Existing Facilities) of the CEQA Guidelines. (b) By motion, denv the waiver pertaining to institutional uses adjacent to residential zones based on the fact tfiat staff is recommending denial of the proposed use; due to potential parking impacts. (cj By motion, deny the waiver pertaining to minimum number of parking spaces based on the followingf (i) That on-site parking may noEbe adequate to accommodate the number of memtiers that may potentially attend Sunday services resulting in fewer off street parking spaces being provided for such use than the number of paces necessary to accommodate all vehicles attributable to such use under. normal f and foreseeable conditions of operation. (ii) That the distance of the off-site parking lot from the property may result in churchpatrons parking within the residential neighborhood along Coffman Street creating competition for parking spaces upon adjacent private property. (iii) That the proposed timing of Sunday services mayresult in an overlap of church patron parking on and around the property thereby increasing the `; potential for traffic congestion with the mmediateYesidential neighborhood. (d) By resolution, denv Conditional Use Permit No. 2003-04756 (to permit a church in an existing office building) based on the following:; (i) That the proposed church may adversely affect the adjoining single- and multiple- family land uses within the area. (ii) That, based on the recommendation of the City Traffic and Transportation Manager, off-street parking;provided is not adequate to support the size of this church's congregation. (iii) That the granting of the conditional use permit under the conditions imposed, wouldbe detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. Page 7 Staff Report to the Planning Commission September 22, 2003 Item No. 5 THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING`AS AN INTERDEPARTMENTAL COMMITTEE AND'ARE RECOMMENDED FOR ADOPTION`BY THE PLANNING COMMISSION IN THE EVENT THAT THIS PERMIT IS'APPROVED 1. :That subject use shall expire one (1) year from the date of this resolution on September 22, 2004. 2. That the hours of operation for the church shall be limited to tfie following, as stipulated by the petitioner: Weekdays: Office Hours ` Monday-Friday: 8 a.mlto 5 p.m. Adult Prayer: and Bible Study Wednesday: 7:30 p`.m. to 8:30' p.m. Youth Bible Study 'Friday: 6 p.m to B p.m. Weekends: Young Adult Bible Study, 'Saturday: ; 7 p.m. to 9 p.m, `' Worship Service (Early) y `Sunday: 9:45 am. to 10:30 a.m. Worship Service (Secontl) 11 a.m. to 12:15 p.m. 3. 'That only,the 940 square foot assembly area shown on approved exhibits shall be utilized as "church assembly area. 4. '.The the applicant shall record and maintain an agreement with the property located at 1425 East Lincoln Avenue for 20 or more.: parking spaces for this use as required by the Traffic and 'Transportation Manager (TTM). Alternative sites toisecure such parkingfmay be considered subject to'approval of the TTM: The number of such parking,"spaces shall be in excess of tfiat 'which is othenxise required by, Code for the uses at 1425 Easfiincoln Avenue and/or any other 'off-site parking site. Shuttle services shall be provided to transport church members to and from `any off-site parking facilities. A covenant'shall be submitted for review and approval by the `Zoning Division of the Planning Department and the: City Attorneys Office and shall then be "recorded in the Office of the Orange County Recorder. A recorded copyof the agreement shall be submitted to the Zoning Division. 5. 'That no portable signage shal(be utilized to advertise the church. 6, :That the proposal sfiall comply with all signage requirements of the CL Zone unless a variance allowing sign waivers is approved by the Planning Commission or City Council. Any additional `signage tieyond what exists on`the date of this resolution shall'be reviewed and approved by the ''Zoning Division. Any decisiortby staff maybe appealed to the' Planning!Commission as a :'Reports and Recommendation item, 7. That the only accessory school. activity sfiall be Sunday school and bible study and this facility shall not be used as a private'daycare, nursery, elementary, junior and/o~ senior high school. 8. 'That no outdoor activity maybe conductetl by the church at arty time. 9. :That no bells audible from the exterior of the building shall be permitted. 10. That as determined by the Building Division, a maximum occupancy of 134 persons shall be : permitted' in the assembly haltat any onetime. Signs indicating the occupant loadshall be posted in a conspicuous place on a sign approved by the Anaheim Fire Prevention Division near the main eziffrom the room. Page 8 Staff Report to the : Planning Commission September 22, 2003 Item Noi< 5 1 L That the property owner will be required to implement appropriate non-structural and structural Best Managemeht Practices (BMPs) as specified in the Orange County Drainage Area Management Plan (DAMPp,Appendix G. The selected BMPs shall be implemented and maintained to minimize ttie'introduction of pollutants from entering the City of Anaheirq stormwater drainage system to the satisfaction of the Pu61ic Works Departmeht, Development Services Division. 12. That gates shall hot be installed across any driveway or private street in a manner which may adversely affect vehicular traffic on the adjacentpublic street(s). Installation of any gates'shall conform to the Engineering Standard`Plan No: 609 and shall be subject to the review and' approval of the City Traffic and Transportation Manager. 13: i That no required parking area should be fenced' or otherwise enclosed for outdoor storage uses. 14. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of flash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. 15.` That the landscape planters and associated irrigation shall be permanently maintained with live and healthy plant materials. 16. That 4-foot high: address numbers shall be displayed on the roof in a contrasting color to the roof material. Thehumbers shall not be visible from the view df the street or adjacent and nearby properties. Said information shall bespecifically shown on plans submitted for Police Department, Community Services Division appldval. 17. That trash storage areas shall be refurbished to the satisfaction of the Public Works Department, Streets and Sanitation Division, including new trash enclosure gates, to comply with approved plans'on file with said Department. 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 DepartmenYmarked Exhibit Nos. 1 and 2, and as conditioned herein. 19.' That prior to commencement of activity authorized by this Yesofution or within a period ofbne (1) year from the date of this resolution, whicheverbccurs first, Condition Nos, 6, 10, 11, 12;`.16, 17 and 18above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance witfi Section 18:03.090 of the Anaheim Municipal Code. 20 ThaYapproval of this application constitutes approval of the proposed request only to the`extent thaf it complies. with the Anaheim Municipal Zoning Code and any other applicable City, State and Fedelal regulations. Approval does' not include any actioh or findings as to compliance or approval of the7equest regarding any other applicable ordinance, regulation o[ requirement. Page 9