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PC 2004/01/12CITY OF ANAHEIM PLANNING COMMISSION AGENDA MONDAY, JANUARY 12, 2004 Council Chamber, City Hall 200 South Anaheim Boulevard, Anaheim, California CHAIRPERSON:=:JAMES VANDERBILT-LINARES COMMISSIONERS: GAIL EASTMAN, PAUL 605TW ICK, DAVID ROMERO, JERRYO'CONNELC,~CECIL'(A°FLORES; KELLYBUFFA CALL TO ORDER PLANNING COMMISSION ~AORNING SESSION 90:30:4:M. • REVIEW OF BROWN ACT AND DUE PROCESS PROVISIONS°BY=THE CITY ATTORNEI"S OFFICE • STAF.,F UPDATE'TO COMMISSION ON VARIOUS CITY OEV~ELOPMENTSAND IS~SUES`(ASrREQU!_STED.BY -, • rncumu e'. RECESS TO AFTEIZNOOP RECONVENE TO P[1BLIC For record keeping pUrpc complete a speaker card PLEDGE OF ALLEGIANCI PUBLIC COMRAENTS CONSENT CALENDAR PUBLIC HEARING ITERRS ADJOURNMENT H•\OOCR\CI FRICALW(;FNDAS/0~1204.DOC 01-12-04 Page 1 RECONVENE TO PUBLIC HEARING AT 1:30 P.M. PUBLIC COMMENTS: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or public comments on agenda items with the exception of public hearing items. CONSENT CALENDAR: Items 1-A through 1-C on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Planning Commission, staff or the public request the item to be discussed and/or removed from the Consent Calendar for separate action. REPORTS AND RECOMMENDATIONS A. (a) CONDITIONAL USE PERMIT NOS. 88 ~ 3045 (TRACKING NO. CUP2003-04804) Mahmoud Bdaiwi, Toura #2 L.P., 3972 Barranca Parkway, J-425, Irvine, CA 92606, requests termination of Conditional Use Permit No. 88 (to operate a nursery home for children of pre-school age) and Conditional Use Permit No. 3045 (to permit an addition to an existing Project Planner: pre-school). Property js located at 1597 West Katella Avenue. (skoehm(o7anaheim.neq sr8678gk.doc TERMINATION RESOLUTION NO. Q.S. 57 B. (a) CONDITIONAL USE PERMIT N0.2002-04622 (TRACKING NO. CUP2003-04803) Gary Frazier, Acacia Housing Advisors, 6445 Joshua Tree Avenue, Orange, CA 92867, requests an extension of time to comply with conditions of approval for apreviously-approved request to convert an existing 117-unit motel (Lincoln Inn) to an 84-unit affordable senior Project Planner: citizens apartment complex with a density bonus and waivers. (cwaonerna anaheim.net) Property is located at 2748 West Lincoln Avenue. sr1137cw.doc Q.S. 20 C. Receiving and approving the Minutes from the Planning Commission Meeting of December 15, 2003. (Motion) 01-12-04 Page 2 PUBLIC HEARING ITEMS: 2a. CEQA CATEGORICAL EXEMPTION -CLASS 1 2b. CONDITIONAL USE PERMIT NO. 1397 (TRACKING NO. CUP2003-04807) OWNER: Robert L. Wetzler, 31722 Paseo Terraza, San Juan Capistrano, CA 92671 AGENT: Elmer P. Nelson, M & N Property Management, 12550 Brookhurst Street, Suite C, Garden Grove, CA 92840 LOCATION: 2954 West Ball Road. Property is approximately 2.4 acres; located at the southeast corner of Beach Boulevard and Ball Road (Arroyo Grande Restaurant). Request tp permit on premises sales and consumption of alcoholic beverages and amend a condition of approval pertaining to hours of operation in conjunction with an existing restaurant. CONDITIONAL USE PERMIT RESOLUTION NO. 3a. GEQA CATEGORICAL EXEMPTION -CLASS 1 3b. CONDITIONAL USE PERMIT NO. 2001-04465 (TRACKING NO. CUP2003-04810) OWNER: Amana Corporation, 8383 Wilshire Boulevard, Suite 532, Beverly Hills, CA 90211 AGENT: Brian S. Kim, 20202 Village Green Drive, Lakewood, CA 90715 LOCATION: 5642 East La Palma Avenue. Property is approximately 3.2 acres, located south and west of the southwest corner of La Palma Avenue and Imperial Highway (Cyber World). Request reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on December 3, 2001 to expire December 3, 2003) and modification to the previously-approved floor plan to retain an Internet access and amusement (entertainment) business. CONDITIONAL USE PERMIT RESOLUTION NO. Request for continuance to January 26, 2004 Project Planner: (avazquezt7g anaheim.net) sr8683av.doc Q.S. 15 Project Planner: l e v a m b ao (a) a n a h e i m. n et) sr3058ey.doc Q.S. 184 01-12-04 Page 3 4a. 4b. OWNER: Euclid Shopping Center, 2293 West Ball Road, Anaheim, CA 92804 AGENT: Gerald Unterkoefler, Euclid Shopping Center, LLC, 8294 Mira Mesa Boulevard, San Diego, CA 92126 LOCATION: 1614 West Katella Avenue. Property is approximately 18.6 acres, located at the southeast corner of Katella Avenue and Euclid Street (Euclid Shopping Center). Request reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on March 15, 1999 to expire March 15, 2004) to retain apreviously-approved walk- up and drive-through fast food restaurant with outdoor seating in an existing commercial retail center. CONDITIONAL USE PERMIT RESOLUTION NO. 5a. CEQA CATEGORICAL EXEMPTION -CLASS 1 5b. VARIANCE N0.447 (TRACKING NO. VAR2003-04591) OWNER: Wayne Cheung, 1200 East Broadway, Anaheim, CA 92805 AGENT: Steven & L. Lazerson, 541 South Grand Avenue, West Covina, CA 91791 LOCATION: 300 South East Street and 1200 East Broadway. Property is approximately 0.49-acre, located at the southeast corner of Broadway and East Street (Anaheim Service Station). Request reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on February 12, 2001 to expire March 16, 2004) to retain an existing gasoline service station with accessory automotive repair. VARIANCE RESOLUTION NO. Project Planner: (sko e h m Co) a n a h e i m .net sr8682gk.doc Q.S. 58 Project Planner: (i ora m i rez (~ a n a h e i m .net) sr5075jr.doc Q.S. 93 01-12-04 Page 4 6a. CEQA CATEGORICAL EXEMPTION -CLASS 3 6b. CONDITIONAL USE PERMIT NO. 2003-04813 OWNER: Konstantin M. Daskalakis, 611 South Brookhurst Street, -- Anaheim, CA 92804 AGENT: Enrique Alvarez, Alvarez Design Studio, 10927 Downey Avenue, Suite D, Downey, CA 90241 - LOCATION: 2792 West Ball Road. Property is approximately 0.5-acre, located on the southeast corner of Ball Road and Dale Avenue. Project Planner: (evambaono anaheim.net) Request to construct a four (4)-unit commercial retail center. CONDITIONAL USE PERMIT RESOLUTION NO. sr3057ey.doc Q.S. 22 7a. CEQA NEGATIVE DECLARATION 7b. WAIVER OF CODE REQUIREMENT 70. CONDITIONAL USE PERMIT NO. 2003-04811 OWNER: Larry Bedrosian, 710 East Ball Road, Anaheim, CA 92802 AGENT: B.J. Mueller, P.O. Box 18085, Anaheim, CA 92817 LOCATION: 2920 East Whitestar Avenue. Property is approximately 1-acre, having a frontage of 233 feet on the southwesterly side of White Star Avenue, located 725 feet southeast of the centerline of La Palma Avenue. Project Planner: Request to permit and retain a church within an existing industrial building (ioramirezt7a anaheim.net) with waiver of minimum number of parking spaces. CONDITIONAL USE PERMIT RESOLUTION NO. sr5074jr.doc Q.S. 132 01-12-04 Page 5 8a. CEQA NEGATIVE DECLARATION 8b. WAIVER OF CODE REQUIREMENT 8c. CONDITIONAL USE PERMIT NO. 2003-04793 OWNER: Catellus Finance 1, LLC., 201 Mission Street, San Francisco, CA 94105 AGENT: Phil Schwartze, PRS Group, 31682 EI Camino Real, San Juan Capistrano, CA 92675 LOCATION: 4905 East La Palma Avenue. Property is approximately 6.37 acres, located at the northeast corner of Manassero Street and La Palma Avenue. Project Planner: Request to establish a church within an existing office building with waiver (ioramireztaanaheim.net) of minimum number of parking spaces. CONDITIONAL USE PERMIT RESOLUTION NO. sr5076jr.doc Q.S. 172 9a. CEQA CATEGORICAL EXEMPTION -CLASS 1 (READVERTISED) ~ Request for 9b. WAIVER OF CODE REQUIREMENT continuance to 9c. CONDITIONAL USE PERMIT NO. 2003-04814 January 26, 2004 OWNER: Church of God Emanuel Pentecost, 2222 East Nura Avenue, Anaheim, CA 92806 AGENT: Law Office of Steve Sheldon, Attn: Karen Sully, 660 Newport Center Drive, Suite 950, Newport Beach, CA 92660 LOCATION: 631 South Brookhurst Street. Property is approximately 1.6 acres, having a frontage of 118 feet on the west side of Brookhurst Street, located 534 feet south of the centerline of Orange Avenue (Orange Central Korean Church). Request to permit a church within an existing office building with waivers Project Planner: of: (a) minimum setback for institutional uses adjacent to residential zones (cwaonert7a anaheim.net) and (b) minimum parking lot landscaping. CONDITIONAL USE PERMIT RESOLUTION NO. sr1136cw.doc Q.S. 34 01-12-04 Page 6 10a. CEQA NEGATIVE DECLARATION Request for 10b. WAIVER OF CODE REQUIREMENT continuance to 10b. CONDITIONAL USE PERMIT NO. 2003-04816 January 26, 2004 OWNER: Southern California Edison, 14799 Chestnut Street, Westminster, CA 92683 AGENT: Guthrie Ishii Engineers, Inc., 5300 East Orange Avenue, Suite 221, Cypress, CA 90630 LOCATION: 2721 West Lincoln Avenue & 2720 West Lincoln Avenue. Parcel 1: Property is approximately 4 acres, having a frontage of 265 feet on the north side of Lincoln Avenue, located 210 feet west of the centerline of La Reina Circle. Parcel 2: Property is approximately 1.8 acres, having a frontage of 132 feet on the south side of Lincoln Avenue, located 587 feet west of the centerline of Stinson Street. Project Planner: Request to permit recreational vehicle storage and accessory offices with (cwaoner(a~anaheim.net) waivers of: (a) maximum wall height, and (b) minimum front yard setback. CONDITIONAL USE PERMIT RESOLUTION NO. sr1139cw.doc Q.S. 19 11 a. CEQA NEGATIVE DECLARATION 11b. CONDITIONAL USE PERMIT NO. 2003.04817 OWNER: Metropolitan Life Insurance, C/O SSR Realty Advisors, 28202 Cabot Road, Suite 445, Laguna Hills, CA 92677 AGENT: Brad Kelly, Makena Properties, 26522 La Alameda, Suite 285, Mission Viejo, CA 92691 LOCATION: 1500 South Anaheim Boulevard. Property is approximately 18.6 acres, located at the southeast corner of Cerritos Avenue and Anaheim Boulevard. Project Planner: Request to permit an indoor sports complex within an existing industrial (cwaoner(a~anaheim.net) building. CONDITIONAL USE PERMIT RESOLUTION NO. sr1138cw.doc Q.S. 97 01-12-04 Page 7 12a. CEQA CATEGORICAL EXEMPTION -CLASS 1 12b. CONDITIONAL USE PERMIT NO. 2003-04815 OWNER: Pick Your Part, 1301 East Orangewood Avenue, Anaheim, - CA 92805 AGENT: Cindi Galfin, Pick Your Part, 1301 East Orangewood Avenue, Anaheim CA 92805 LOCATION: 1235 South Beach Boulevard. Property is approximately 4.5 acres, having a frontage of 325 feet on the west side of Beach Boulevard, located 330 feet south of the centerline of Ball Road (Pick Your Part). Request to permit and construct a new automobile glass, stereo and alarm sales installation building in conjunction with an existing automotive Project Planner: recycling business. (avazguez(c~anaheim.net) CONDITIONAL USE PERMIT RESOLUTION NO. sr8681av.doc Q.S. 11 ADJOURN TO MONDAY, JANUARY 26, 2004 AT 2:00 P.M. FOR PRELIMINARY PLAN REVIEW. 01-12-04 Page 8 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: ~I ~ 3~cc.r,... (TIME) ~,,,,,~~ b~ ~ 2.00 `-( l (DA ) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: ~~"~--~^ ~~ If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. RIGHTS OF APPEAL FROM PLANNING COMMISSION ACTION The action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits and Variances shall be considered final unless, within 22 days after Planning Commission action and within 10 days regarding Tentative Tract and Parcel Maps, an appeal is filed. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. ANAHEIM CITY PLANNING COMMISSION In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning Department, (714) 765-5139. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Recorded decision information is available 24 hours a day by calling the Planning Department's Automated Telephone System at 714-765-5139. 01-12-04 Page 9 2004 JANUARY 26 FEBRUARYS FEBRUARY 23 MARCH 8 MARCH 22 APRIL 5 APRIL 19 MAY 3 MAY 17 JUNE 2 (WED) JUNE 14 JUNE 28 JULY 12 JULY 26 AUGUST 9 AUGUST 23 SEPTEMBER 8 (WED) SEPTEMBER 20 OCTOBER 4 OCTOBER 18 NOVEMBER1 NOVEMBER 15 NOVEMBER 29 DECEMBER 13 DECEMBER 27 01-12-04 Page 10 ITEM N0. 1-A 1 ~~ ~~ a w - SALLIE LN °o $ c=i F ~ N r W ~ ¢ S-50 0 ~ ~ °° Q 2 °o ¢ RS-A-A3,000 ~ N W V-873 '- ~ RS-7200 8 O ~' t D i EACH 0 F ~- h ~ RS-10,000 RS-7200 RCL 58-59-2 RCL 2002-00085 T-CUP 2003-04804 SUMAC LN cUP 2002-04635 v o CUP 3045 N ¢ ^ W- CUP BB LEARNING RS-7200 ~ ° CENTER 1 DU EACH W ~ RM-2400 W RCL 90.91-01 ~ W ° , RCL 69-90-23 200 f- R$-7200 0_ RS-7200 , , r ~ RCL 66-87-13 EACH ~ 1 DU EACH H 1 DU EACH , ' ~~'" '" RCLfis.e6-i6 cL W t/1 ~ Z - !', RCL 80-fit-O6 50.61-72 CL (Res of Intent to CL) 59 59 O Q - - - RCL 78-79.23 qLL 8661 )3 RCL fit-fi3-703 ~ ~ ' o RCL 62-63-65 i.CUP 58-59-2 W ~~ ~- CUP 2673 m RCL 60-61-58 200]- 04496 ~CL BH ¢ Z U Q 60-61-58 U CLIP 4090 11 CHURCH C ~~ C1 61-fi24• CUP 3299 U ~- CUP 3214 61-52-La r VAR 91fi9 INTOX E >? CONDOMINIUM z9 Du tso'-®I r~tso' ~ KATELLA AVENUE CL CL 0 CL RCL BdL65-02 ~ O I 58-59-68 CL tCL65-66-105 TACO :UP 2003-04612 BELL CL 58-59-68 H- VAR 4041 >o U ~ (^- ESTATE. VACANT 7I PALM y' LL j I 56-57-00 REST. INSUR- W ANCE W L READER ~ q5-A-43,000 U L- I CUP 4180 RCL 91-92-12 O I CUP 4107 CUP 3846 ~ _--~ 58-59-68 (Re CU 94B9L0) CUP 3741 REAL VACANT CUP 3685 N EBTATE CUP 3587 CL = W cUP 3426 T-CUP 2003-04812 ~ CUP 1990 CUP 4107 ~w > Q RS-7200 cUP 189z CUP t 139 CUP 1621 ~o m 1 DU EACH CUP 1021 CUP 1139 CUP 921 VAR 2360 VAR 426fi EUCLID SHOPPING VAR 3569 CENTER VAR 3126 S VAR 3121 5 Conditional Use Permit Nos. 88 and 3045 Subject Property TRACKING NO. CUP2003-04804 Date: January 12, 2004 Scale: 1" = 200' Requested By: MAHMOUD BDAIWI Q.S. No. 57 REQUEST TO TERMINATE CONDITIONAL USE PERMIT NO. 88 (TO OPERATE A NURSERY HOME FOR CHILDREN OF PRE-SCHOOL AGE) AND CON DITIONAL USE PERMIT NO. 3045 (TO PERMIT AN ADDITION TO AN EXISTING PRE-SCHOOL). 1597 West Katella Avenue 1151 _. ~J~.~~« ATTACHMfWT - IrEH N0. 1-A ~ _-- ~ ~D3 __ ~«c~ ~~ u .~~ J C~ ~.~ca~ CItCG>.~G~; `~6[:,cEt1LlC ~ ~ e~~-"L~.-~f~c~ ~ G--E~v~E4C ~ /~~ 1~~1~L ~i, U ~CS-C,(-~~G~ ~ ~' n C;'~CJ~'l'-c'ti Cc~ /G~~ ~- ~~G, ~E~~~~ ~ ~ ~s~7 /~~~~ell/~, c~ ~~~.~ ll~ _ / .~ ~ :. ~ ~~:~ ~ ~~~-s -f-~~~.f ~~ ~~ ass ~~ ~ ~ --~~~- _ ---- -- NG`h~U~l ~~.~w ~~ p .,~ .~ z ~. ~, ITEM N0. 1-B RM-1200 RM-1200 RCL 65-66-117 ~ RCL 65-66-117 2 CL 56-57-01 Sfi-57-41 ~ ~- CUP 495 VAR 179fi w VAR 1796 ~ ¢ ~ 59-60-62 68 DU ~ 68 DU ~ OUP 495 ¢ ~ -06 V-11475 ~ ~- ---- U O W LINCOLN-DALE W ~ a ~ Z 6 PLAZA SHOPPING CTR. CL ~ ~ CL CL y ss-5741 56-57-41 56-57-01 W.y a U F vnR 9702 C ~ UP 910 U UR ~ ° F R. SMALL SHOPS REST A w TO L E AURANT - LIOUOR STORE ~ SMALL SHOPS CAR WASH ~ LINT LINCOLN AVENUE 670' 125' 1 CL CL o CLIMHP) RCL 71-72-0 CL RCL oy qcL 6o.6v1m FCL 59~69~6] 63-64400 o.G: 60-01.107 2 CUP 2904 Q ~ CUP 2785 CUP 4117 m CUP 2033 77 W BOB 50 ANAHEIM CUP 1292 Qa CUP T46 ~~ N o ~~, RM-120( BURDER6 NATIONAL VAR 2043 , 2 AW 0150 INN BUDDHIST N M H ~ 0 4 ~ RDL 6g-70 . . ) ~~ W ~ M W RCL 6 3-fi4 TEMPLE PARK Z '% ¢Q°o nt VAR 217 j aasDOD CL RM-1200 a ~ a z (MHP) Q :RCL SS~s7ao RCL 86-87-32 ~~ 3 CUP 2648 :T-CUP 2003- ~ 04803 fJ RCL 56-67-62 l1.1 VAR 767 c -, cuP 2DOZ- ~ VAR 3654 0 > VACANT AP _--1 SEVEN- N o 4P z~ HARBOR m W 42 Q ELEVEN u 1 T_ ~ VILLAGE o rn 1 ~ RS-A-03,000(MHP) TRAVEL -04310 cuP 1043: APARTMENTS ¢~ RCL 82-83-28 TRPAAIRLKR ~ LINCOLN INN' MOTEL ~ Z CUP 2033 ~ CUP 35 ~ ~ ' WESTERN SKIES MOBILEHOME ESTATES RS-A- .,` ~j' 43,000 {tom 7 DU Rs-A-43,OOD(MHP) RCL 87.8843 MOBILEHOME RCL 88-8949 CUP 3059 RS-A-43,000 VAR 3772 pgRK Carbon Creek Channel Rs-noa VAR 1978 RS-7200 1 U EACH 1 DU EACH RS-A-43,000 TOLA AVE SOUTHERN CALIFORNI TOLA AVE EDISON EASEMENT ~m~ ~ ~ ' Conditional Use Permit No 2002-04622 ~ Subject Pro erty . p TRACKING NO. CUP2003-04803 Date: January 12, 2004 Scale: 1" = 200' Requested By: GARY FRAZIER Q.S. No. 20 REQUEST FOR A TIME EXTENSION TO COMPLY WITH CONDITIONS OF APPROVAL FOR A PREVIOUSLY APPROVED REQUEST TO CONVERT AN EXISTING 117-UNIT MOTEL (LINCOLN INN) TO AN 84-UNIT, AFFORDABLE SENIOR CITIZENS APARTMENT COMPLEX WITH A pENSITY BONUS AND WAIVERS. 2748 West Lincoln Avenue -Lincoln Inn 11so ATTACHMENT - RrR ITEM N0. J-B RESOLUTION NO. 2003k-9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2002-04622. 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 convert an existing 117-unit mote] to an 84-unit 'affordable' senior citizens' apartment complex with a density bonus upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as; THE WEST 125.00 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSH]P 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THE NORTH 66 FEET, AS CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED IN BOOK 4031, PAGE 152, OFFICIAL RECORDS; and WHEREAS, the City Planning Comrission did hold a public hearing upon said application at the City Hall in the City of Anaheim, notices of which public hearing were duly given as required bylaw and the provisions of Title 18, Chapter 18.03 of.the Anaheim Municipal Code; and WHEREAS, said Commission, after due inspection, investigation and studies made by itself and in its behalf and after due consideration of all evidence and reports offered at said hearing, did adopt its Resolution No. PC2002-169 granting Conditional Use Permit No. 2002- 04622; 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 al] 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 azea 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 azea 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 azea. 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the peace, health, safety and general welfaze of the citizens of the City of Anaheim. WHEREAS, the City Council does further find with regazd to the hereinafter specified proposed waiver(s) of Anaheim Municipal Code requirements, other than the proposed waiver of off-street pazking requirements, as follows: 1. That there aze special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. That, because of special circumstances shown in (1) above, strict application of the zoning code deprives the properly of privileges enjoyed by other property under identical zoning classifications in the vicinity; and WHEREAS, the City Council does further find and determine with regard to the proposed waiver of certain off-street parking requirements that: 1. That the variance, under the conditions imposed, if any, will not cause fewer off- street pazking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use; and 2. That the vaziance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use; and 3. That the variance, under the conditions imposed, if any, will not increase the demand and competition for pazking spaces upon adjacent private property in the immediate vicinity of the proposed use (which property is not expressly provided as parking for such use under an agreement in compliance with Section 18.06.010.020 of the Anaheim Municipal Code); and 4. That the vaziance, under the conditions imposed, if any, will not increase traffic congestion within the off-street pazking areas or lots provided for such use; and -2- 5. That the variance, under the conditions imposed, if any, will not impede vehculaz ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the .._ proposed use. NOW, THEREFORE, BE TI' RESOLVED by the City Council of the City of Anaheim that Conditional Use Permit No. 2002-04622 be, and the same is hereby, granted on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: Sections 18.06.050.013.0131 - 18.06.080 18.44.050.305 and 18.94.036.010 Sections 18.34.063.011 18.44.050.305 and 18.94.033.010 Section 18.34.061.010 18.44.050.305 and 18.94.031.020 Sections 18.44.050.305 18.94.032.030.031 - and 18.94.032.030.033 Minimum number of pazking spaces. (102 spaces required; 92 spaces proposed and concurred with by the City Traffic and Transportation Manager) Minimum landscaped setback abutting an arterial highway. (20-foot average with 15-foot minimum required along a rhajor arterial highway; 10 feet of landscaping and a driveway with pazking spaces existing and proposed in the front setback along Lincoln Avenue) Minimum building site azea per dwelling unit. (1,200 sq.ft. required; 881 sq.ft. proposed) Minimum floor azea per dwelling unit. (400 sq.ft. for studio units and 700 sq.ft. for two-bedroom units required; 325 to 396 sq.ft. proposed for 60 studio units and 600 to 667 sq.ft. proposed for 16two-bedroom units) Sections 18.99.030.020(1) - Maximum density bonus. 18.99.040 (25% density bonus [15 additional units] and two incentives and 18.99.050 allowed; 35% density bonus [22 additional units] and two incentives proposed) subject to the following conditions: That final plans shall be submitted to the Zoning Division for review and approval indicating the following aspects of this project: (a) Landscaping plan, including provisions for minimum twenty four (24) inch box sized trees adjacent to Lincoln Avenue at a ratio of one (1) tree per twenty (20) feet of street frontage. (b) All wall and/or freestanding signage within the apartment complex. (c) Building light fixtures. (d) Mechanical equipment, both roof-mounted and ground-mounted (no window-mounted equipment shall be permitted). (e) Pedestrian gates. (f) Perimeter fencing, including height, material and location. (g) Driveway treatment and other paving enhancements. -3- (h) Detailed elevation plans for all sides of the buildings. (i) Detailed common recreational area amenities (including an indoor recreation room)-- and improvement plans, including decorative hazdscape features, patios, benches, tables, community bazbecue, and/or other amenities that would promote community gathering areas within the complex. 2. That the total number of'manager units' permitted in this apartment complex shall be shown on the plans submitted for building permits and shall be subject to review and approval by the Executive Director of the Community Development Department. 3. That the rental of the all units within this senior citizens' apartment complex shall be subject to the provisions set forth in Section 18.94.39 (Age and Occupancy Restrictions) of the Anaheim Municipal Code. 4. That the terms of affordability shall be for a minimum period of thirty (30) years. If public financing is secured and such financing requires a longer affordability term, that affordability shall be enforced. r 5. That the Anaheim Housing Authority shall be afforded a first right of refusal in referring eligible tenants to affordable units. 6. That the developer shall submit a written agreement to the Housing Division/Authority agreeing to comply with all the reporting requirements of the City of Anaheim Affordable Housing Development Program. 7. That any proposed ground or roof-mounted mechanical equipment shall be subject to the requirements of Anaheim Municipal Code. Said information shall be specifically shown on the plans submitted for building permits. 8. That the locations for future above-ground utility devices including, but not limited to, electrical transformers, water back flow devices., gas, communications and cable devices, etc., shall be shown on the plans submitted for building permits. Such plans shall also identify the .specific screening treatment of each device for both existing and proposed devices (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. 9. That this property shall be served with underground utilities in compliance with the City of Anaheim Electrical Rates, Rules and Regulations and the Underground Policy. l0. That the legal owner of subject property shall provide the City of Anaheim with a public utilities easement across the property to be determined as electrical design is completed. 11. That any required relocation of city electrical facilities shall be at the developer's expense. Landscape and/or hazdscape screening of all pad-mounted equipment shall be required and shall be shown on the plans submitted for building permits. l2. That not more than two (2) persons, at least one (1) of whom shall be a senior citizen aged -4- sixty two (62) or older, shall reside in or be permitted to reside in any bachelor/studio or one (1) bedroom unit; and that not more than three (3) persons, at least one (1) of whom shall be a senior citizen, shall reside in or be permitted to reside in any two (2) bedroom unit; and that all occupants and residents of any dwelling unit who are not senior citizens other than the spouse or cohabitant of, or a person who resides with and provides primary physical or economic support to the resident senior citizen to the extent permitted bylaw, shall be at least forty five (45) years of age except that temporary residency by a person less than forty five (45) years of age for a cumulative period of sixty (60) days during any calendar year shall be permitted; and that an un-subordinated covenant in a form approved by the City Attorney so-limiting such occupancy shall be recorded with the Office of the Orange County Recorder by the legal owner of the property. A copy of the recorded covenant shall then be submitted to the Zoning Division, 13. That as required by the Urban Forestry Division of the Community Services Department, street trees shall be installed by the property owner within the public right-of-way adjacent to Lincoln Avenue. The size, type and number of trees shall be provided in accordance with the Lincoln Avenue Corridor Master Plan and to the satisfaction of the Urban Forestry Division. Said information shall be specifically shown on the plans submitted for building permits. 14. That no required pazking area shall be fenced or otherwise enclosed for storage or other outdoor uses. 15. That gates shall not be retained or installed across any driveway in a manner, which may adversely affect vehicular traffic in the adjacent public street. Installation of any gates shall conform to Engineering Standard Plan No. 609 and shall be subject to the review and approval of the City Traffic and Transportation Manager. Said information shall be specifically shown on the plans submitted for building permits. 16. 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. 402, 436, 601, 602 and 604 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said approved plans. 17. That this project has a landscaping area exceeding two thousand five hundred (2,500) square feet and, therefore, a separate imgation meter shall be installed in compliance with Chapter 10.19 "Landscape Water Efficiency" of the Anaheim Municipal. Code and Ordinance No. 5349 regarding water conservation. Said information shall be specifically on the plans submitted for building permits. 18. 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 is necessary, or abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the cost to upgrade or to abandon any water service or fire line. Said information shall be specifically shown on the plans submitted for building permits. 19. That an on-site trash truck turn around area shall be provided in accordance with Engineering Standard Detail No. 610 and shall be shown on plans as required by the Department of -5- Public Works, Streets and Sanitation Division. Said azea shall be specifically shown on the plans submitted for building permits. -., - 20. That all requests for new water service or fire lines, as well as any modifications, relocations or abandonment of existing water services and fire lines, shall be coordinated through the Water Engineering Division of the Public Utilities Department. 21. That a private water system with sepazate water service for fire protection and domestic water shall be provided. Said information shall be specifically shown on the plans submitted for building permits. 22. That the developer/owner shall provide a detailed water usage analysis and building plans for Public Utilities Water Engineering review and approval to determine the adequacy of the existing water system to meet this project's water requirements. 23. That trash storage azea(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. The vyalls of the storage azea(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. 24. 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. 25. That the legal property owner shall submit an .application for a Subdivision Map Act Certificate of Compliance to the Public Works Department, Development Services Division. A Certificate of Compliance or Conditional Certificate of Compliance will then be approved by the City Engineer and recorded in the Office of the Orange County Recorder. 26. That the developer shall submit satisfactory evidence (a noise study) to the Building Division showing that the proposed apartment complex will conform with Council Policy Number 542 "Sound Attenuation in Residential Projects" and with Noise Insulation Standazds specified in the California Adnunistrative Code, Title 25. 27. That any remaining driveway(s) along Lincoln Avenue shall be reconstructed with ten (10) foot radius curb returns as required by the City Engineer in conformance with Engineering Standazd No. 137. Said information shall be specifically shown on the plans submitted for building permits. 28. That the existing freestanding sign adjacent to Lincoln Avenue shall be removed. Said information shall be specifically shown on the plans submitted for building permits.. 29. That all parking spaces shall be unassigned and available on a'first come/first served' basis. 30. Proposed Condition No. 30 was deleted at the public hearing. -6- 31. The affordability requirements for this proposal are based on an eighty four (84) unit seniors' housing project. Should the density be increased or decreased, the affordability requirements will. be- adjusted to reflect the changes in the density for the project, as approved by the Executive Director of the Community Development Department. That grior to issuance of a building permit, the legal property owner shall enter into an un-subordinated, recorded Affordable .Housing Agreement ("Agreement") in a form satisfactory to the Executive Director of the Community Development Department. Such Agreement with the City of Anaheim shall comply with California Government Code Section 65915, and Chapters 18.94 (Criteria and Standazds for Senior Citizens' Apartment Projects) and 18.99 (Density Bonus) of the Anaheim Municipal Code. The Agreement shall require the following minimum affordability for this seniors' housing project (proposed Cherry Orchazd Senior Apartments): (a) Twelve percent (12%) of the total permitted units (eight (8) units) shall be designated as Affordable Units for very, very low-income households with monthly rents at one-twelfth (1/12) of thirty percent (30%) of thirty five percent (35%) of the Orange County median-income, based on a one (1)-person family size for 0-bedroom units, a two (2)-person family size for one (1)-bedroom units, and a three (3)-person family size for two (2)-bedroom units to comply with the City of Anaheim Density Bonus Ordinance (Chapter 18.99). An additional seven percent (7%) of the units (six (6) units) shall be designated as Affordable Units for very, very low-income households with monthly rents at one-twelfth (1/12) of thirty percent (30%) of thirty five percent (35%) of the Orange County median income. (b) Twenty five percent (25%) of the total units constructed (twenty one (21) units) shall be designated as Affordable Units for very, very low-income households with monthly rents at one-twelfth (1/12) of thirty percent (30%) of thirty five percent (35%) of the Orange County median income, and twenty four percent (24%) of the total units constructed (twenty (20) units) shall be designated as Affordable Units for very low income households with monthly rents at one-twelfth (1/12) of thirty percent (30%) of fifty percent (50%) of Orange County median income, to comply with the City of Anaheim Seniors Ordinance (Chapter 18.94). Rents shall be calculated based on one (1)-person family size for 0-bedroom units, two (2)-person household size for one (1)-bedroom units, and three (3)-person household size for two (2)-bedroom units. Such Agreement shall include appropriate rental controls as specified by the city, and the duration of the Agreement shall be for a period of thirty (30) yeazs. ff public financing is secured and such financing requires a greater level of affordability (i.e., additional units) and a longer affordability term, it shall be enforced. The total number ofmanager units' permitted for the subject Senior Citizen's Apartments shall be subject to review and approval by the Executive Director of the Community Development Department. The Anaheim Housing Authority shall be afforded a first right of refusal in referring eligible tenants to affordable units. Developer agrees to comply with all reporting requirements under the Affordable Housing Development program.. After the Agreement has been recorded, a copy shall be provided to the Zoning Division and Community Development Department. 32. 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 8, and as conditioned herein. -7- 33. 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, 6, 7, 8, 10, 11, 12, 13, 15, 16, 17, 18; 19,-- 21, 22, 23, 24, 25, 26, 27, 28 and 31, 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. 34. That prior to final building and zoning inspections, Condition No. 32, above-mentioned, shall be complied with.. 35. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regazding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such conditions, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim thisl4th day of January, 2003 MAYOR OF C1T OF ANAHEIM ATTEST: Y CLE OF THE CTl'Y OF ANAHEIM 48030.1 -8- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2003R-9 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 14th day of January, 2003, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Pringle, Tait, McCracken and Hernandez NOES: MAYOR/COUNCIL MEMBERS: Chavez ABSENT: MAYOR/COUNCIL MEMBERS: None CLERK F THE ITY OF ANAHEIM (SEAL) ITEM N0. 2 57-SB~l3 m.~ „-~ o-m I CUP 314 RESTAURANT 56-57-33 APTS . 9DU CG VAR 1207 57-56-03 ROBIN HOOD cL CUP 2712 MOTEL RCL 71x2-2311) cuP 27s7 cuP 1227 ) RCL 56 57-59 CL RUSTic INN 1 CUP 907 RCL ]id2.23 V-0]4 MOTEL VAR 3028 9 CUP 31]9 TRAVEL INN VAR 1200 CUP 2494 MOTEL • MOTEL 6 CUP 1562 RESTAURANT CL a CL RCL 98-99-15 RCL 56-5]-59 RCL 565]-59 RCL 69-70-11 RGL 66-$7-65 ' ' cuP 1z43 SMALL SHUPS CUP 2536 S MOTEL CINDY sMAU Seoas S.S.B FLOWER SHOP FOODMART p BALL ROAD Q 37e'~ i to W CL J cL RCL 2663-06096 RCL 64-65-95 ~ <j55 R n 5 CL CUP 2775 O 6 ~~ RCL 62-63-73 REST T.CUP 2003.6460] ' . CUP 2632 [~ A T-cUP 2003-04664 CUP 1964 N CUP 2289 CUP 139] V CUP 592 RCL 56 5]-04 i CL BEACH -BALL RCL 64-65-95 ING CENTER H Q ~ ) , ( SHOPPING CENTER S OPP 64-65-11 L(J 1 I CUP 13fi3 m CL RCL 92-93-09 CUP 3970 RCL 68-69-11 CUP 3609 VAR 2001 CUP 2625 CUP 51 AUTO SALVAGE RM-12ao RCL 62-63-36 CUP 314 ._ _.. _.. 72 Du CL 60-61-31 CL CUP 1339 o V _ VAR 214fiS 60-fit-31 cvQ SUMITOMO SUMITOMO 1~w BANK BANK ~= O CL RCL 62-63-89 MARKET CL (MHP) RCL203-06696 RCL 2003-06696 RCL 82-63-26 61-62-14 (OR 81-62441oR) RCL 56-57-44 T-CUP 2003a4~W T-CUP 2v03-04807 MOBILE HOME PARK T-CUP 200304664 T-CUP 2063-04664 CUP 2393 CUP 2269 CUP 1397 CUP 1397 VAR 16145 VAR 18149 (RCL S]-56.51) (RCL 5]-56.51) CL (VAR 714) NAR 716) RCL 56-57-44 REST. LIC CR STORE VAR 2211 S - e _- I VAR 891 5 HOBBY CITY ANAHEIM CITY LIMITS RS-A-43,000 1 CUP 566 CHURGH ~ C D Conditional Use Permit No. 1397 TRACKING NO. CUP2003-04807 Requested By: ROBERT L. WETZLER Subject Properly Date: January 12, 2004 Scale: 1" = 200' Q.S. No. 15 REQUEST TO PERMIT ON-PREMISES SALES AND CONSUMPTION OF ALCOHOLIC BEVERAGES AND AMEND A CONDITION OF APPROVAL PERTAINING TO HOURS OF OPERATION IN CONJUNCTION WITH AN EXISTING RESTAURANT. 2954 West Ball Road -Arroyo Grande Restaurant 1123 Staff Report to the '.:Planning Commission January 12; 2004 Item No. 2 2a. CEQA CATEGORICAL EXEMPTION-CLASS 1 2b. CONDITIONAL USE PERMIT. NO. 139T (Motion for continuance)'' (TRACKING NO: CUP2003-04807) SITE LOCATION AND DESCRIPTION: (1) This rectangularly-shaped, 2.4-acre property is located at the southeast corner of Beach Boulevard and Ball Road with frontages of 277 feetbn the east side of Beach Boulevard 'arid 378 feet on the south side of Ball Road (2954 West Ball Road -Arroyo Grande Restaurant): REQUEST: (2) The petitioner requests to permit on premises sales and consumption of alcoholic beverages and amend a condition of approval pertaining to hours of operation in conjunction with an existing restaurant under authority of Code Sections 18.03.091 and 18,44.050.010. BACKGROUND: (3) This property is currently developed with a'commercial retail center and is zoned CL and is 'designated for General Commercial land uses on the'Anaheim General Plan Land Use Map. Theproperty is also located within the West Anaheim Commercial Corridors Redevelopment Project Area. (4) Ole Pineda owner of Arroyo Grande Restaurant, has submitted a letter dated January 2, 2004, requesting a continuance to the January 26, 2004 meeting in order to schedule a Code Enforcement Division inspection of the restaurant to measure soundpressurelevels of the entertainment from the adjacent mobile home park. RECOMMENDATION: (5) That the Commission; by motion, continue this item to the January 26, 2004, Planning Commissioh meeting::: sr8683av Page 1 ATTACHPIENT - 1TEP1 N0. 2 //~ ~Jccrl d 2 , 2oz~ N ~C ~NE~ c1211~[.e~-'tr1 ~a .~/Gsrt~ ~rU~sL., -~-- _.1_ a.~ll.v~ir~.t ^ ri~~ wnVC>rV~ - ~~~~' ?y~33 3 S ~~ ~ ~~r`I ,F, c~ ~~ ITEIq N0. wr no7 CUP 3tltli CL VAR 4271 CUP 3253 RCL 75-76-02 OFFICE BLDG. SP 94-1 CUP 3514 RCL 69-70-64 RCL 89-90-48 VAR 4198 RCL 69-70-1 B RCL 87-88-08 VAR 4192 CUP 3622 RCL 86-87-29 VAR 4156 CUP 2077 RCL 65-66-25 (2) SHOPPING CNTR. CUP 1934....... CUP 3881 (ARCADE PERMIT CUP 1786 __ CUP 3414 NO. 1019 W) CUP 1715 SP 94-1 D A S RCL 70-71-15 (1) CUP 2905 VAR 2733 RCL 70-71-14 CUP 1585 CANYON VILLAGE CUP 2167 VAR 3892 sP 94-1 SHOPPING CENTER VAR 4271 GALAXY CINEMAS RCL A4B-22 OFFICE BLDG. MOVIE THEATER ssss-2s cL D.A. 5 (Res. of Int. to ML) RCL 65-66-1] RCL 69-70.10 VAR 4282 RCL fig-70.64 VAR 7145 5 RCL 65.66-17 VBANK6 CUP 3914 I CUP 2104 V-3977 LA PALMA AVENUE t RESTAURANT 320 255 = Fr t ' SP 94-1 ~ SP 94.1 cL . ~ ~ ~ ~ ~ ~ RCL 6Sfi6-17` ~ T CUP 2003 04 ' RCL eb-85-07 1 RCL 68-]8-64 1= , RcL 69aa1e ~ - 610: CUP 2002 04644E RCL 6566-25 (1) ' RcL 6666-n m a ~ ~ - '" CUP 371 1 CUP 2148 rn~ - CUP 3985 V-3663 Q VAR 3054 yz ~!~ ~ ~ IN-N-OUT ? PCN 96-04 ~ VAR 29m _ ~ /y ~ ¢, RESTr gS/MINI MKT Z SP 84-1 : r , x L„ F ni ~ ~ 8 CAR WASH SP s4-t RCL 70-71-15 f1) "` ' C~ d - ~ RCL 7577-1 rv ~ RCL 70-71-1 ? ' CL RCL = 6566-25 T-CUP 2003-04765 " : ? RCL 69-7D-64 RCL ,(Resaf Intent to ML ' ) ! 1r ? ~ ~ J RCL 69-70-16 Cf T-CUP 2001-04375 - ~, T-CUp 2603-ea619 CUP 4094 ~ ~~ Q RCL 65-66-17 VF y , ~~ CUP 2091-04468 t CUP 3860 "" ~ CUP 2902-oa64a > - CUP 2392 VAI CUP 2708 '~ ' 7 CUP 2oo0 n zis ' ' RES' t ~; - - a ~' `a ^ / W ANAHEIM HILLS CUP 1983 7 r r CUP 4115 , ~ "' t ,`;; _ ~ TRAVELODGE CUP 3234 CUP 1747 > . ` CUP 3233 ' ~ ~ INDUSTRIAL PARK "ti> ~'rf' "~ z CUP 1722 ' " ~ ~ SMALL INDUSTRIAL ~ CUP 7721 f ~~ ~ > VAR 4267 FIRMS ; ' i ,,,. r y ~ ~ s, ? ,,. ri; r~/ ~- 'X'v~i z ~' ` VAR 3663 ~' ,K ~ f` ~' ~ I E~ ~ '~? % "" HO PN G CENTER ~, ~ ' ~r ~, E : r , _ - ~, p ~~ i. a . ~ ~ r, ~. ; x ;. ~.. K ,, . Sp .. S_A-43000 SPACE N R 66-66-2 OPE ML1 CL 65-66-1 lRe R N SPACE OPE ANA RIVER\ SANTA ALL PROPERTIES ARE IN THE (SC SCENIC CORRIDOR OVERLAY ZONE ) ( ) Conditional Use Permit No. 2001-04465 Subject Property TRACKING NO. CUP2003-04810 Date: January 12, 2004 Scale: 1" = 200' Requested ey: AMANA CORPORATION Q.S. No. 184 REQUESTS REINSTATEMENT OF THIS PERMIT BY THE MODIFICATION OR DELETION OF A CONDITION OF APPROVAL PERTAINING TO A TIME LIMITATION ( APPROVED ON DECEMBER 3, 2001 TO EXPIRE DECEMBER 3, 2003) TO RETAIN AN INTERNET ACCESS AND AMUSEMENT (ENTERTAINMENT) BUSINESS. 5642 East La Palma Avenue - Cyber Worid 1124(2004-1-5) ITEM N0. 3 'Staff Report to the ' Planning Commission 'January 12, 2004 Item No_3 3a. CEQA CATEGORICAL EXEMPTION =CLASS 1= ? (Motion) 3b. ` `CONDITIONAL USE PERMIT NOS 2001-04465 (Resolution) (CUP TRACKING NO: 2003.04810) SITE LOCATION'AND DESCRIPTION; (1) This irregularly-shaped 3.2 acre property is'Jocated south and west of the southwestcorner of La Palma Avenue and Imperial Highway With frontages of 320 feet on the south side of La Palma Avenue and 388 feet on the west side of Imperial Highway (5642 East La Palma Avenue - Cyber World). REQUEST: (2) The petitioner requests reinstatement of this permit by the modification or deletion of a condition of approvalpertaining,to atime limitation (approved on December 3, 2001; to expire on December 3, 2003) antl modification to the previously=approved floor plan to retain a computer rental and Internet access and amusement (entertainment) business under the authority of,Code Section 18.03.093. BACKGROUND:r (3) This property is developed with art existing 64,024 square foot commercial retail center and is zoned SP 94-1(DA,5) (SC) (Northeast Area Specific Plan, DevelopmenYArea 5- Commercial Area; Scenic Corridor Overlay). This property is located within. the Alpha.. Northeast Redevelopment Project Area and the Land Use Element Map of the Anaheim General Plan designates this property for General Commercial land uses. (4) Surrounding General Plan land use designations are as follows:' Direction General Plart Disi nation North, across La Palma Avenue General Commercial East, across Im erial Hi hwa General Commercial South Water Uses West GeheralCommercial (5) Conditional Use PermittJo. CUP2001-04465'(to permit's computer rental and internetaccess business) was approved: by the Planning Commissionroh December 3, 2001', for two years to ' expire December 3, 2003. Planning Commission Resolution Na PC2001-168 adopted) in conjunction with CUP2001-04465 contains the following conditions of approval: "1. That the subject use permit shall expire in two (2) years fromthe date of this resolution. 12: That there shall be no seating areas or tables other than the'computer workstations and the ten'(10) seats shown on' Exhibit No 2 submitted by the petitioner and approved by the Planning Commission:' Sr3058ey Page 1 Staff Report to the Planning Commission 'January 12', 2004 'item No. 3z no fifth or sixth period) that is common for students at the junior or senior level. Further, raised partitions obstructing the view of computers were also cited by the: Code Enforcement Officer. Staff has worked with the applicant since the inspection and the applicant has submitted photographs of the. computer work stations to indicate that he has reduced the height of he partitions, allowing the computer monitors to be viewed by toff. .Photographs of the newly painted rooftop numbers were also submitted. The subject business is'currently in compliance with aq conditions of approval. (9) The Commission mayalso wish to note that during the remodel,. the business has emporarilyplaced their wall sign on the second story balcony railing for itlentificationl purposes'(see photograph above), When'the remodel is complete, the signs for all 'business would be relocated to the space above each of their respective storefront :windows. (10) Since the conditional use permifwas approved, the applicant has complied with a majority of the conditions of approval; and, when the previously-mentioned violations were brought to his aktention, the applicant was diligent in obtainingicompliance. Since this business has not experienced any problems or complaints, staff recommends approval'of this request for reinstatement and deletion of the conditioh pertaining to a time limitation. Further, staff does not oppose the addition of two small'tables in the waiting area as it would not have a negative effect on the' operation'of this business. ' ENVIRONMENTAL IMPACT ANALYSIS: (11) The Planning Director's authorized representative has determined that theproposed'project 'falls within he definition of Categorical Ezemptions,5ection 15301, Class 1 (Existing: Facilities), as deftned in the State CEQA Guidelines and is, therefore, categorically exempt from the requirement to prepare: additional`environmental documentation. GROWTH MANAGEMENT ELEMENT ANALYSIS: (12) The proposed project has been reviewed by affected City departments to determine 'whether it'conforms with the City's Growtft Management Element adopted: by the City Council od March 1 T 1992. Based on Citystaff review of the proposed project, it has been 'determined that this project does not fit within the scope necessary to require a Growth Management Element analysis,'therefore,'no analysis has been' pertormed. FINDINGS: (13) Before the Commission grants any conditional use permit, it must make a finding of fact that 'the evidence presented shows that all of the following conditions exist: (a) That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code, or that said use: is not listed therein as being a permitted use; (b) That the proposed use will not adversely affectthe adjoining land uses and the growth and development of the'area in which it is proposed to bedocated; (c) That the size and shape of the site for the proposed use is adequate to allow the full development of the proposed use inia manner not detrimental to the particular area nor to the peace, health, safety, and!general welfare; Page 3 Staff Report to the 'Planning Commission *January 12, 2004 Item Noi 3 (d) That the trafric generated; by the proposed use will not impose an undue burden upon the streets and;highwaysdesigned'and improved to carry the traffic'in the area; and (e) That the granting of the conditional use permit-under the conditions'imposed, if any, will not be detrimental to he peace; health, safety and general welfare of the'citizens of the City of Ahaheim. (14) Subsection 18,03.093.040 of the Zoning Code requires that before the Commission grants rreinstatement of the'approval by extension, modification or deletion, the applicanYmust >present evidence to'establish tfie following: findings: (a) The facts necessary to support each and every required showing for the issuance of sucn entitlement as setforth in this chapter exist; (b) Said permit is being exercised substantially in the same manner and in conformance with all conditions and stipulations originally approved bythe approval body; (c) Said' permit is tieing exercised in a manner not detrimental to the particular area and surrounding lantl uses, nor to the public peace; health, safety and'general welfare; and (d) With regard only to any deletion of a time limitation, such`deletion is necessary to permit reasonable operation under he permit`as granted:' RECOMMENDATION; (15) Planning Department staff recommends that unless additional or contrary information is received during the hearing, and based upon the evidence submitted to the Commission, including the evidence presented in this staff report,;and oral and written evidence presented et the public hearing`that the Commission take the following actions: (a) By motion, determine that the project is Categorically Exempt under Section 15301, Class 1 (Existing Facilities) of the CEQA Guidelines. (b) Sy resolution, aoorove reinstatement of Conditional Use'Permit No: 2001-04465 (Tracking Na CUP 2003-04810) and modification to thepreviously-approved floor plan: to retain a computer rental and intemet access business without a time limitation, based on the following: (i) >That this permit hasbeen substantially operated in the same manner as' originallyapproved;by the Commission. Code Enforcementbivision has inspected'the premises and staff has determined that the business is currently in compliance with'all applicable conditions of approval. (ii) Thak the permit is currently being exercised in a manner not detrimental to the "particulararea and surcoundtng land uses. (iii) ?That there have been no changes to the,applicablezonestandands that would invalidate the findings that were the basis for the original approval of tfiis permit. Page 4 Staff Report to the `.Planning Commission January 12; 2004 Item No. 3s (c) Staff further recommends that the Commission incorporate the conditions of approval contained in Resolution No: PC2001-168 into a new resolution which indlutles the following conditions of approval' based on the finding tfiat the , modification is necessary o permit the reasonable operation of this computer-rental and Internet access business: 1. That the hours of operation shall be limited to: Sunday through Thursday: 10'a.m. to 2 a.m. Friday and Saturday: 10'a.m. to 4'a.m. 2. That the number of computer workstations shall be limited to sixty-six (66)l 3. That no exterior vending machines visible to the public right-of-way shall be permitted, ? 4, That food sales shall tre limited to two (2) vending machines located inside the 'building, No'prepared food shall be permitted. 5. That no alcoholic beverages shall be consumed or sold on the premises, 6. That no minors shall be allowed on the premises during normal school hours 'and/or after 10 p.m: without parent/guardian supervision. 7. That the interior of the business shall be adequately illuminated to make easily 'discernible the conduct of patrons within the premises: Said information shall be 'specifically'shown on plans submitted forZoning Division and Police Department approval. 8. That the computer stations shall oe open and observable to employees aYall times and no partition walls shall be permitted. 9. That no window tinting, may be permitted only to the extent it does not obstruct 'visibility into the tenant space; and that ndothervIew-obstructing material' including window signs shall be permitted." 10. That there shall be nd public telephone on the premises located outside the building and under control of the petitioner; 11. That there shall be no seating'areas or tables other than the computer 'workstations, and the ten (10f seats and two tables shown on Exhlbif No. 2 (RevisiodNo. 1) as'approved by the Planning Commission: 12. That the subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plansare on file with the Planning Department marked Exhibit Nos: 1 and 2 (Revision Nb. 1) and as conditioned herein: 13. That four (4) foot high address numbers shall be maintained orithe roof of the building in a contrasting colorto the roof material. The numbers shall not be visible to suProunding streets dr properties: `.Page 5 Staff Report to the Planning Commission 'January 12, 2004 Item No: 3 14. That signage shall belimited to existing and approved signs. Any additional 'signage shall be subject to review and approval bytfie Zoning Division. Anq decision by staff maybe appealed to Planning Commission as a Report and Recommendation item. 15. That approval of thisapplication'constitutes approval of the proposed request only to the'extent that it complies with the Anaheim Municipal Zdning 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 br requirement. Page 6 ATTACHMENT - ITEf1 fJO. 3 PETITIONER'S STATEMENT JUSTIFICATION FOR REINSTATEfVIENT _ ° Section 18.03.093 of the Anaheim Municipal Code requires that before any conditional use permit or variance containing a time limitation can be reinstated for an additional period of time, or before such time limitation maybe deleted or modified by the Planning Commission or Zoning Administrator, the following must be shown: 1. The facts necessary to support each and every required showing for the Issuance of such entitlement as set forth in the following excerpts from the Anaheim Zoning Code still exist: 18.03.030 (Relative to Conditional Use Permits) Before the City Council or Planning Commission may grant any request far a conditional use permit, it must make a finding of fact, by resolution., that the evidence presented shows that all of the following exist: .031 That the proposed use is properly one for which a conditional use permit is authorized by this code, or is not listed herein as being a permitted use; .032 That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located; .033 That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare; .034 That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved [o 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, safely and general welfare of the citizens of the City of Anaheim; 18.03.040 (Relative to Variances) Before any variance may be granted by the Planning Commission it shall be shown: .031 That there are special circumstances applicable to the property, including size, shape, topography, location or surzoundings, which do not apply to other property under identical zoning classification in the vicinity; .032 That, because of special circumstances shown in .031, strict application of the zoning code deprives the property of privileges enjoyed by other property under Identical zoning classification in the vicinity. 2. Said permit or variance is being exercised substantially in the same manner and in conformance with all conditions and stipulations originally approved by the approval body; 3. Said permit or variance is being exercised in a manner not detrimental to the particular area and surrounding land uses, nor to the public peace, health, safety and general welfare; and 4. With regard only to any deletion of a time limitation, such deletion is necessary to permitreasonable 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 tc arrive at a decision, please answer the following questions fully and as complete as possible. Attach additional sheets if additional space is needed. 1. Has any physical aspect of the property for which this use permit or variance been granted changed significantly since the issuance of this use permit or variance? ~ YES ^ NO Explain: 1 ~~ l D(~ ~ T~~ (~jUll. ~ t ~J~ ~ fS~ g~--~ GE~PvJE:j~1'j . f-~u.~LJG-fL , ~~~ a~ l~j P~~n(t r)y ~Nto D~l-~ ~ J ( ~ ~I,J 0-ao~ rJt~ S I u.cc.o ~ ~J ~~t fLS ,~1!/ u~ ~~rs-;/ ~ ~T ,4,s,~ ~-cN~-,n- r~t t r~o ~ (M p a-~ ~ S 1 ~~~~~,. R f~Q~ 20p3 `1 ~b'r; r SS (over) CASE VAR N0. 2001- 0 4 4 6 E 2. Have the land uses In the immediate vicinity changed since the issuance of this use permit or variance? O YES ~NO Explain: ~(~-~(T{f <~(~ ~~.`~~,r1~'"M~ 3. Has an aspect of the nature of the operation changed since the issuance of this use permit or variance? ^ YES ~NO Explain: 4. Are the conditions of approval pertaining to the use permit or variance being complied with? j~YES ^ NO Explain: }fit-t-- ~r101"rca~1S PcQ~ 1Mpf.~M~£~l ~+.Vj L'D~1~U~'~ t,11Yt~ , 5. If you are requesting a deletion of the time limitation, is this deletion necessary for the continued operation of this use or variance? ^ YES ~NO Explain: h.jotr. f 7 r ~~ Signature of Property Owner or Aulhod2ed Agent Date ' FJJi~~JJ ~~ NEXT MEETING ~o~~'r~G ~~>~~~~~~ JAN 1 2 2003 .f 1,~/(`i~ u~ ~~'~"?~.; ~•r CITY F'. r~i~.IIIIG Z06225JKDOC 12197 CASE VAR P10. 2001 - O t~ 116 5 2 ATTACHf•1EtJT'- ITEP1 fJ0 3 RESOLUTION NO. PC2001-168 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04465 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 of California, described as: PARCEL 3, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 100 PAGES 17 AND 18 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 3, 2001 at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Sections 18.03.030.010 and 18.110.100.050 to permit a computer rental and Internet access business with waiver of the following: Sections 18.06.050 - Minimum number of parkino spaces. 18.06.080 and 18.110.100.1101103 , 2. That the proposed use is not listed in Development Area 5 "Commercial Area' of the Northeast Area Specific Plan No. SP 94-1 as being a permitted use. 3. That the waiver of minimum number of parking spaces is hereby denied because following public notification it was determined that the waiver was not necessary. 4. That the proposed use, as conditioned herein, will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the property provides adequate ingress/egress from public streets, on-site vehicular circulation, and adequate parking for customers and employees patronizing the combined uses on the property. 5. 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. 6. 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. 7. That 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. 8. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CR5253PK.doc -1- PC2001-168 CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's authorized representative has determined that the proposed project falls within the definition of _. Categorical Exemptions, Class 1, as defined in the State of California Environmental Impact Report (EIR) Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, 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 City of Anaheim: 1. That the subject use permit shall expire in two (2) years from the date of this resolution. 2. That the hours of operation shall be limited to: Sunday through Thursday: 10 a.m. to 2 a.m. Friday and Saturday: 10 a.m. to 4 a.m. 3. That the number of computer workstations shall be limited to sixty six (66). 4. That no exterior vending machines visible to the public rights-of-way shall be permitted. 5. That food sales shall be limited to two (2) vending machines located inside the building. No prepared food shall be permitted. 6. That no alcoholic beverages shall be consumed or sold on the premises. 7. That no minors shall be allowed on the premises during normal school hours and/or after 10 p.m. without parenUguardian supervision. e. That the interior of the business shall be adequately illuminated to make easily discernible the conduct of patrons within the premises. Said information shall be specifically shown on the plans submitted for Zoning Division and Police Department approval. 9. That the computer stations shall be open and observable to employees at all times and no partition walls shall be permitted. 10. That window tinting may be permitted ony to the extent it does not obstruct visibility into the tenant space; and that no other view-obstructing material including window signs shall be permitted. 11. That there shall be no public telephones on the premises located outside the building and under control of the petitioner. 12. That there shall be no seating areas or tables other than the computer workstations and the ten (10) seats shown on Exhibit No. 2 submitted by the petitioner and approved by the Planning Commission. 13. That four (4) foot high address numbers shall be displayed on the roof of the building in a contrasting color to the roof material. The numbers shall not be visible to the streets or adjacent properties. Said information shall be specifically shown on the plans submitted for review and approval by the Police Department. 14. That prior to commencing operation of this .business, a valid business license shall be obtained from the Business License Division of the City of Anaheim Finance Department. 15. That the property owner shall submit a letter to the Zoning Division requesting termination of Conditional Use Permit No. 2417 (to permit on-premises sale of beer and wine in a proposed sandwich shop). -2- PC2001-168 16. That the proposal shall comply with all signing requirements of the Northeast Area Specific Plan No. SP 94-1, Development Area 5 "Commercial Area," Zone unless the Planning Commission or City ._ >. _. Council approves a variance allowing sign waivers. 17. That the subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein. 18. That prior to commencement of the activity authorized by this resolution, or prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 8, 13 and 15, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 19. That prior to the commencement of the activity authorized by this resolution or prior to final building and zoning inspections, whichever occurs first, Condition No. 17, above-mentioned, shall be complied with. 20. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 3, 2001. (Original signed by Craig Anthony Arnold) CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: (Original signed by Eleanor Fernandes) SECRETARY. ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Fernandes, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on December 3, 2001, by the following vote of the members thereof: AYES: COMMISSIONERS: BOYDSTLIN, BRISTOL, EASTMAN, KOOS NOES: COMMISSIONERS: ARNOLD, VANDERBILT ABSENT: COMMISSIONERS: BOSTWICK IN WITNESS WHEREOF, I have hereunto set my hand this 2001. day of (Original signed by Eleanor Fernandes) SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2001-158 ATTA~HF4FtJT - ITE11 NO 3 MEMORANDUM CITY OF ANAHEIM Code Enforcement Division DATE: DECEMBER 2, 2003 TO: ELAINE YAMBOA, ASSISTANT PLANNER FROM: MATTHEW D. LETTERIELLO, CODE ENFORCEMENT OFFICER SUBJECT: REINSTATEMENT OF CUP2001-04465 (TRKG CUP2003-04810) CYBER WORLD 5642 E. LA PALMA AVE #102-103 On December 2, 2003, I went to the above location to inspect for compliance with the requirements of the Conditional Use Permit. I was at the location from 1300 hours to 1330 hours. I found the following violations of the CUP to exist: Condition: 7. There were seven patrons in the business at the time of inspection, two of which were male students (17 yrs) from Esperanza High School and one female (16 yrs) from Canyon High School....... 8. The interior was dimly lighted. 9. There were several harriers/partitions that obstructed the view of the computers and the operator when viewed from the cashier's location. 12. There were four, clothe-covered benches or couches on the west side of the business that would seat 4-5 persons each and two small, round tables between them 13. The building was in the beginning process of being re-roofed, so no numbers could be installed on the roof. I took 35mm photograph. If you have any questions or if I can be of any further assistance, please telephone me at extension 4446. MDL 5642 a Ia palms ave cup.doc ~ TE1~ N0. 4 ideiLL cxP Zra ® I I I moo ixs EpHC@ R6-7200 ~ E n I I I I I ~ 1 DU EACH ' ~ I I I I I ~ ~ I I RS-71200 J SUMAC LANE 4- 1e ~jf'i - 1DU EAc G1 Pe CL RCL 9Y94-04 CUP ]B]] Ij F W R RCL 6061@ VAR )835 VACANT W W ~ RLL cuP2w}p4>29 ~. ~ RS-7200 ~ RS-7200 m RS-7200 - RLi cL cL u, f- 1 DU EACH m 1 DU EACH Z 1 DU EACH RcL RCL 565546 CL 54~ CUP 3pp39a)]a WPTI] ~ N N Q R6~10.0p0 qgg al I VAR B@p5 VqR 1]]55 ~ O W RCL ]002-00065' RCL ¢_ CL 6 G f- ~ CUP 2002-0a6]5 ~ CUP ]WS RCL RCL LENIER RCL 545S]0 ¢ Q IEPANMG G CUP 2Cp1p9)29 O U CENTER cL COP iG2 REST CUP 1B1fi O LL VAR J)9 ROL 612-0 Eo6pPPLV VAR 2892 V< CDN[ KATELLA AVENUE - ~ ~ 1350' -1 I,. :, ,:. CL CL RCL64-65.105 RCL fiS-6F105 CL TACO. CL SREAL6 5: RCUP 200SO4612 T-CUP 200}09@12 1 T-CUP 2003-04612 BELL 58-59EB (- INSDR- W ESTATE V -- CL RCL fiS66-105 CL p 1 CUP 1fi21 565]-00 CUP 4160 REST.: ANCE W ~ ' SSST-00 CUP 1139: CUP 4180 CUP dtUT CUP 3646 ~ N 5&5&66 REAL CUP 921 I VAR 4268 ( ~ I CUP 3741 CUP J665 N ESTATE CUP 3646 lJ.~ CUP:3]41 VAR 3569 ~ CUP 356) >: W I1J 1 CUP 3665 VAR 31265 - CUP 3428 ~ °oQ ~ VAR 3121 S - 1 CUP 3587 VAR 3W35 CUP 1990 CUP 1692 %' - " - ~ Y C4 h, ^W ¢ RS- F °o CUP3d26 V-9]65 i COP 1621 I T-CUP 2003.04672' m7 m ~ ~ 1DU ~ 'P I : CUP 1992 V~205 1 I CUP 1139 CUP 4107 ~ 0 ---: CUP 821 VAR 42616 ! 1 1 EUCLID 6HOPPING CENTERS ' CUP 102 i. ~ ypR 3i 269 . VAR 2360 i U 1 CL VAR 31219 (EUCLID SHOPPINGd ~ VAR 3023 S ! CENTER ll.~ I VA20 S ( CUP 3]2]( j oL= 1 tt IE L C 9H 6~ r ~ G 'rW RS-i 1 UC I D O PING CENTER ,- ~~ 1DU1 I •- _ FI F 1 ~ L RM-7200 ~ ~ RC 63-fi4-22 VAR 1973 ~ ¢ 3DU 3DU 4 DU VI~ ~ ~I C] DUDLEY AVENUE U ~Iw ¢ RM-1200 = 2I RCL 63-64-22 RM-7200 oL j ~ Q 1 VAR 7913 _ 3DU 3DU 3DU 4DU nw o ~ ¢ / Conditional Use Permit No. 4107 Subject Property TRACKING NO. CUP2003-04812 Date: January 12, 2004 Scale: 1" = 200' Requested By: EUCLID SHOPPING CENTER Q.S. No. 58 REQUEST REINSTATEMENT OF THIS P ERMIT BY THE MODIF ICATION OR DELETION OF A CONDITION OF APPROVAL PERTAINING TO A TIME LIMITATION (APPROVED ON MARCH 15, 19 99 TO EXPIRE MARCH 15, 2004) TO RETAI N APREVIOUSLY-APPROVED WALK-UP AND DRIVE- THROUGH FAST FOOD RESTAURANT WITH OUTDOOR SEATI NG IN AN EXISTING COMMERCIAL RETAIL CENTER. 1614 West Katella Avenue ~tzs ITEM N0. /{ Staff Report to the Planning Commission January 12, 2004 Item No. 4 4a. CEQA NEGATIVEDECLARATION (PREVIOUSLY-APPROVED) ] (Motion) 4b. CONDITIONAL'USE PERMIT'NO. 4107:: (Resolution) (TRACKING NO. CUP 2003-04812) SITE LOCATION'AND DESCRIPTION: (1) This Yectangularly-shaped 18.6-acre property is located at the southeast corner of Katelia Avenue and Euclid Street and hasa frontage of 1,350 feet on the south sidebf Katelia Avenue and'600 feet on the east side of Euclid Street;(1618 West Katelia Avenue -:Euclid Shopping Center). REQUEST: (2) The petitioner requests reinstatement of this conditional use permif and modification or deletion of a condition of,approval pertaining to a time limitation'(approved do March 15;.1999, to expire on March 15, 2004) to retain awalk-up and drive-through fast food restaurant with outdoor seating in an existing commercial retail center under the authority of Code Section 18.03.093. 'BACKGROUND: (3) This property is currently developed with awalk-up and drive-through fast food restaurant and a commercial shopping center on eleven (11)(parcels ofJand. The restaurant is located'on a parcel of land shared by Food 4 Less and Taco Bell. This property has beenzoned CL'and is designated for'General Commercial and Low Density Residential land uses on the Land Use Element Map of the Anaheim General Plan. (4) Surrounding General Plan land use designatibns are as follows: :General Plan Direction . Desi nation North,; across ___ Katella'Avenue General Commercial General Commercial East Low Densit Residential South; across the Medium Density:,: ublic alle Residential West, actoss Euclid City of Garden Grove Street - ? (5) Conditional Use Permit No. 4107 (to constructiawaik-up'anddrlve-through restaurant) was approved bythe Commission on March 15, 1999, for aperiod of five years until 2004. Planning Commission Resolution Nb. PC99-50 adopted in conjunction with Conditionatt)se Permit No. 41b7 contains the following conditions of approval: "1, That this conditional use permit is grantetl for a period of five (5) years, to terminate on `March 15;.2004:' sr8682gk.doc Page 1 Staff Report to the Planning Commissidn January 12, 2004 Item No 4 DISCUSSION: (8) Gerald T. Unterkoehfler, propertymanager, has submitted a request for rei~statemenf in order to continue operation of the existing restaurant. The`attached Justification'for Reinstatement indicates that no significant changes to the operation have occurred, and further that they are making every effort to operate in compliance with the conditions of approval; The petitioner also requestsa deletioniof a condition of approval pertaining to a time limitation. (7) The Code EnforcemenfDivision has submitted a memorandum dated December 2, 2003, regarding the`current status of theproperty. ;The memorandum'tldcuments'unpermitted wall signs, deteriorated landscaping and discarded construction materials spilling out of the trash enclosure. Two unpermitted banners were also noticed on the north and south building walls. All other conditions appeared to have been met at the time of the'inspectidnS (8) A subsequenf inspection revealed3hat the property has been cleaned including the discarded construction materials,'the landscaping has been rehabilitated and the banners have been removed. The wall signs were permitted according to Resolution No. PC99'-50 and a'copy change was approved in December 2003. As a result of a recent' property inspection and conference with Code Enforcement, the property is now in conformance with the conditions of approval of Resolutiori No. PC99-50 and staff recommends deletion of the time limitation. ENVIRONMENTAL IMPACTANALYSIS: (9) Staff has reviewed the request for reinstatement of this permit and finds no significant adverse environmental impacts resulting from this request. Therefore, staff recommends that;the previously-approved Negative Declaration in connection with Conditional Use Permit No. 4107 serve as the required environmental documentation for his request upon a finding by he Commission that the Negative Declaration reflects the .independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the Initial Study (a copy of which: is available for review in the Planning Department) and any comments received that there is no substantial evidence that the`project willhave a significant effect on the environment. `+ GROWTH MANAGEMENT ELEMENT ANALYSIS: (10) The proposed project has been reviewed by affected City departments to determine whether it conforms with the City's'Growth Management Element adopted by the City Council on March 17, 1992, Based`on City staff review of the proposed project, it has been determined that this project does not fit within the scope necessary;to require a Growth'Management Element analysis, therefore, no analysis has been performed. FINDINGS: (11) Before the Commission'grants any conditional use permit, it must make a finding of fact that the evidence, presented: shows that all of the following conditions'exist: (a), That the proposed use is properly one for which'a conditional use permit is authorized by the Zoning Code, or that said use is not listed therein as being a permitted' use; Page 2 Staff Report to the Planning Commission `January 12; 2004 Item No. 4 (b) That the proposed use will not adversely affect the adjoining land uses and the growth and developmenf of the area in which it is proposed to be ocated; (c) That the size and shape of the site for the proposed use is adequate to allow the full development of the proposed use in a manner not detrimental to the: particular area - nor to the peace, health, safety, and'general welfare; (d) ` That the traffic generated by the proposed use will not impose an undue burdenupon the streets and highways: designed and improved to carry the traffic in the areal and (e) ', That the granting of the conditional use permit under the conditions imposed, if eny, will not be detrimental to the peace; health, safety and general welfare of the citizens of the: City of Anaheim. (12) Subsection 18.03.093.040 of the Zoning Code requires that before the Commission grants reinstatemehfbf the approval by extension ofany time limitations for an additional period or periods of time, or such ime limitation is deleted or modified, the applicant must present evidence to establish the following findings: (a) ' The facts necessary to support each and every required showing for the issuance of such ehtitlement as set forth in Chapter 18.03 exist; (b) Said permit is being exercised substantially in the same manner and ih conformance witfi' all conditions and stipulations .originally approved by the approval body; ;! (c) Said permit is being exercised in a manner not detrimental to the particular area and surrounding land uses, nor o the public peace, health and safety and general welfare; and (d) ; With regard only to any deletion of a time limitation, such deletion is necessary to permit reasonable operation under the: permit as granted. RECOMMENDATION: (13) Staff recommends that, unless additional or contrary testimony is received during the meeting, and based upon the evidence submitted to the Commission, including the evidence presented in this staffreport, and oral and written evidence presented at the public hearing, that the Commissiontake the following actions: (a) By motion, determine thatthe previously-approved Negative Declaration is the' appropriate environmental: documentation for this request:: (b) By resolution, aoorove reinstatementof Conditional Use Permit No. 4107 (Tracking No: CUP 2003-04812) to retain awalk-up and drive-through restaurant with outdoor seating without a time limitation, based on the: following: (i) .That this permit has been substantially operated in the same manner as originally approved 6y the Commission. Page 3 Staff Report to the ` Planning'Commission January 12, 2004 Item No: 4 (ii) That there have been no changes to the applicable zone standards thafwould invalidate the findings that were the basis for the original approval of this permit. (iii) 'That the :petitioner has taken steps to conform with'the conditions of approval, as evidenced by ihformatioh provided by the Code Enforcement Division. (iv) ' That thispermit is currently being exercised in a manner not detrimental to the particular area and surrourding land uses. (c), Staff further recommends that the Commission incorporate the conditions of approval contained in Resolution Nb; PC99-50 into a new resolution with the following conditions of approval based on the findings that themodificatbn is necessary to permit the reasonable operation of this walk-up and drive-through fast food restaurant: 1. That landscape planters shall be maintained as shown on approved Exhibit No. 2'in Resolution No. PC99-50: A minimum of 4 minimum 24-inch box size trees'shall be maintained in these areas. All trees and other landscape materials shall be irrigated, maintained and replaced in the evenfany tree or landscape material becomes dead or diseased. 2, i That signage for the subject business shall be limited to that shown on the exhibits submitted by the petitioners Any additional signage shall be subject to approval by the Planning Commission as a Reports and Recommendatiorts item. 3. That no freestanding or roof-mounted signs shall be permitted. 4. 'That no signage shall be permitted on the awnings'located on the northand soutfi building elevations nor on the umbrellas in the butdocr seating area.`That the awnings and umbrellas shall be maintained in good repair at all times: 5. !That no window signage shalt be permitted with the exception of one menu board each at the walk- up ahd drive-th~bugh windows. 6. That no-roof mounted balloons or other inflatable devices shall be permitted. T. 'That no telephones'shall be located outside of the building, 8. `, That there shall be no sales of beer, wine or otheralcoholic beverages of any kind on the premises, unless a conditional' use permit is approved authorizing such use. 9. No video; electronicbr other amusement devices or games shall be permitted, 10. ?hat all air conditioning facilities and other roof and. ground mounted equipment shall be properly "shielded from view.. 1 L That the existing structure shall comply with the minimum standards of the City of Anaheim, including the Uniform Building., Plumbing', Electrical; Mechanical and Fire Codes as adopted by the Citybf Anaheim. Page 4 Staff Report to the Planning. Commission January 12, 2004 'item No. 4 12. That all plumbing or other similar pipes and fixtureslocated on the exterior of the building shall be fully screened by architectural'devices and/or appropriate building materials. 13. 'That the property shall be permanently maintained in an orderly fashion`by providing regular landscape maintenance, removal of trash or debris; and removal of graffiti within twenty-four (24) hours from time of occurrence) 14. That trash storage areas shalF be maintained in a Idcation 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 sd'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. 15. That 3-foot high address numbers shall be displayed and maintained oh the roof in a contrasting "color to tfte roof material. Tfie' numbers shall not be visible fmm the view of the street or adjacent properties: 16. 'That the outdoor seating area shall be limited to four tables and eight seats. 17. That subject property shall be'developed and maintained substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning: Department marked' Exhibit Nos. 1 and2 of Resolution No. PC 99-50, and as conditioned herein. 18. That approval of this application constitutes approval of the proposed request only o the extent that it complies with the Anaheim MunicipalZoning Code and any. other applicable City, State and FederalYegulations: Approval does not include any action or findings as to compliance or approval of the request regartling anypther applicable ordinance, regulation or7equirement: .Page 5 ATTACI~MENT -ITEM N0. 4 PETITIONER'S STATEMENT JUSTIFICATIOM FOR REINSTATEIVIEIVT ° Section 18.03.093 of the Anaheim Municipal Code requires that before any conditional use permit or variance containing a time limitation can be reinstated for an additional period of time, or before such time limitation may be deleted or modified by the Planning Commission or Zoning Administrator, the following must be shown: 1. The facts necessary to support each and every required showing for the issuance of such entitlement as set forth in the following excerpts from the Anaheim Zoning Code still exist: 18.03.030 (Relative to 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 fallowing 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 fn 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, safely and general welfare; .034 That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; .035 That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim; 18.03.040 (Relative to Variances) Before any variance maybe granted by the Planning Commission It shall be shown: .031 That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; .032 That, because of special circumstances shown in :031, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. 2. Said permit or variance is being exercised substantially in the same manner and in conformance with all conditions and stipulations originally approved by the approval body; 3. Said permit or variance is being exercised in a manner not detrimental to the particular area and surrounding land uses, nor to the public peace, health, safety and general welfare; and 4. With regard only to any deletion of a 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 passible. Attach additional sheets if additional soace is needed. 1. Has any physical aspect of the property for which this use permit or variance been granted changed significantly since the issuance of this use permit or variance? ^ YES ~ NO Explain: (over) CASE NO.~/O~_ 2. Have the land uses In the immediate vicinity changed since the Issuance of this use permit or variance? O YES (}~ NO Explain: 3. Has any aspect of the nature of the operation changed since the issuance of this use permit or variance? ~1 YES ^ NO Explain: Food type has chan4ed from coff / andv;nh c to nnffaa/13nnuts. 4. Are the conditions of approval pertaining to the use permit or variance heing complied with? CXYES ^ NO Explain: 5. If you are requesting a deletion of the time limitation, is this deletion necessary for the continued operation of this use orvadance? C~{YES ^ NO Explain: This is a long term Lease and Owner cannot arbitrarily cancel the .Lease. 206225JK.000 72N7 CASE N0. y~° 2 Euclid Shopping Center, LLC ATTACHMENT -ITEM N0. 4 RESOLUTION NO. PC99-50 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT N0.4107 BE GRANTED FOR 5 YEARS WHEREAS., the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCELS 1 TO 9 INCLUSIVE OF PARCEL MAP NO. 92-260, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE F CALIFORNIA, AS PER MAP FILED 1N BOOK 279, PAGES 21 TO 24 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 March 15, 1999 at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence .and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.44.050.300 to construct awalk-up and drive-through fast food restaurant with outdoor seating within an existing commercial retail center. 2. That the proposed restaurant, as conditioned, will not adversely affect the adjoining land uses nor be detrimental to the peace, health, safety and general welfare of the citizens of Anaheim. 3. That the size and shape of this site is adequate to allow full development of the proposed restaurant in a manner not detrimental to the particular are, nor to the peace, health, safety, and general welfare because the size of the proposed building is comparable to the size of the existing kiosk which will be demolished and the number of drive-through lanes will be decreased from two to one. 4. That the traffic generated by the proposed use will not impose an undue burden on the streets and highways because this restaurant is designed to serve the customers of the existing shopping center in which it is located, the surrounding neighborhood, and vehicles already traveling in the vicinity. 5. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to construct awalk-up and drive-through fast food restaurant with outdoor seating within an existing commercial retail center on property consisting 18.6 acres, located at the southeast comer of Katelta Avenue and Euclid Street, having frontages of 1,350 feet on the south side of Katella Avenue and 600 feet on the east side of Euclid Street, and further described as 1618 West Katella Avenue (Euclid Shopping Center); and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. CR3578MS:DOC -1- PC99-50 NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the fallowing conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to _ preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That this conditional use permit is granted for a period of five (5) years, to terminate on March 15, 2004. 2. That the legal owner of this property shall provide the City of Anaheim with a public utilities easement to be determined as the electrical design is completed. Said easement shall be submitted to the Electrical Division of the Public Utilities Department. 3. That any required relocation of City electrical facilities shall be at the developer's expense. 4. That landscaped planters shall be constructed and maintained as shown on approved Exhibit No. 2. At least four (4), minimum twenty four inch (24") box sized, trees shall be planted in these planters. All trees and other landscaping materials shall be irrigated, maintained and replaced in the event any tree or landscape material becomes dead or diseased. Said information shall be shown on the plans submitted for building permits. 5. That signs for the subject business shall be limited to that which is shown on the exhibits submitted by the petitioner and approved by the Planning Commission. Any additional signs shall be subject to approval by the Planning Commission as a "Reports and Recommendations" item. 6. That no freestanding or roof-mounted signs shall be permitted. 7. That no signs shall be permitted on the awnings located on the north and south building elevations nor on the umbrellas in the outdoor seating area. That the awnings and umbrellas shall be maintained in good repair at all times. 8. That no window signs shall be permitted with the exception of one (i) menu board each at the walk- up and drive-through windows. 9. That no-roof mounted balloons or other inflatable devices shall be permitted:. 10. That no telephones shall be located outside the building. 11. That there shall be no sale of beer, wine or other alcoholic beverages of any kind on the premises, unless a conditional use permit is approved authorizing such use. 12. That no video, electronic or other amusement devices or games shall be permitted. 13. That an unsubordinated agreement shall be recorded with the Office of the Orange County Recorder agreeing to remove the restaurant structure in the event that the restaurant is closed for a period of twelve (12) consecutive months and no other business operates at this location. A copy of the recorded agreement shall be submitted to the Zoning Division. 14. 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. 15. That the proposed structure shall comply 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. Such information shall be specifically shown on the plans submitted for building permits. -2- PC99-50 16. That all plumbing or other similar pipes and fixtures located on the exterior of the building shalt be fully screened by architectural devices and/or appropriate building materials; .and, further, such information shall be specifically shown on the 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 graffiti within twenty four (24) hours from time of occurrence. 18. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with the most current versions of Engineering Standard Plan Nos.. 436 and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 19. 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 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 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. 20. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Streets and Sanitation Division for review and approval. 21. That an on-site trash truck turn-around area shall be provided in compliance with Engineering Standard Detail No. 610 and maintained to the satisfaction of the Streets and Sanitation Division. Said turn-around area shall be specifically shown on plans submitted for building permits. 22. That prior to commencing operation of this business, a valid business license shall be obtained from the Business License Division of the City Finance Department. 23. That the owner of subject property shall submit a letter requesting termination of Conditional Use Permit No. 921 (to permit a plant nursery at 1660 West Katella Avenue), Conditional Use Permit No. 1021 (to permit on premises sales and consumption of liquor in conjunction with a proposed restaurant), Conditional Use Permit No. 1139 (to establish an outdoor plant nursery in conjunction with a hardware store with waivers of maximum sign height and required 6-foot wall enclosing the outdoor storage area at 1616 West Katella Avenue), Conditional Use Permit No. 1990 (to permit on- premises sales and consumption of beer and wine in a proposed restaurant at 1646 West Katella Avenue), Conditional Use Permit No 3741 (to permit an automotive vehicle alarm and stereo sales and installation facility at 1696 West Katella Avenue), and Variance No. 4268 (to waive the minimum number of parking spaces in conjunction with a restaurant at 1682 West Katella Avenue) to the Zoning Division. 24. That three (3) foot high address numbers shall be displayed on the roof in a contrasting color to the roof material. The numbers shall not be visible from the view of the streets or adjacent properties. 25. That the outdoor seating area shall be limited to four (4) tables and eight (8) seats and that the wood fence around the outdoor seating area shall be painted a color compatible with the building. 26. That the developer shall pay the sewer capacity mitigation fee for the remaining central area. The fee is currently one hundred twenty dollars and twenty one cents ($120.21) per one thousand (1,000) square feet. 27. That the developer shall submit a Water Quality Management Plan (WQMP) for the entire shopping center specifically identifying the best management practices that will be used on site to control predictable pollutants from stormwater runoff. The WQMP shall be submitted to the Public Works Department, Development Services Division, for review and approval. -3- PC99-50 28. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein. 29. That prior to the issuance of a building permit or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 2, 4, 13, 14, 15, 16, 18, 19, 20, 21, 23, 26 and 27, above-mentioned, shall be complied with. Extensions for further time to complete said conditions maybe granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 30. That prior to the commencement of the activity or prior to final building and zoning inspections, whichever occurs first, Condition Nos. 5, 22, 24 and 28, above-mentioned, shall be complied with. 31. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and 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 1T FURTHER RESOLVED that the Anaheim Gity Planning Commission does hereby find and determine that adoptipn of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Shoutd any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March 15, 1999. (Original signed by Stephen W. Bristol) CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: (Original signed by Margarita Solorio) SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on March 15, 1999, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES NOES: COMMISSIONERS: NONE ABSENT:COMMISSIONERS: WILLIAMS IN WITNESS WHEREOF, I have hereunto set my hand this day of , 1999. IOrigir~el signed 6 h,u~ ~erjta Soloriol SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC99-50 IVU. RM-~ 52-- CNyE~~sT RM-2400 T-VAR 2003-04591 VAR 2001-04414 VAR 447 (Mod) ADJ 147 S.S. OW PY ~ r 0 BR~P 2p ,. 1 M-1200 R 52 24 N 1 1 5 "y':siaa N -[ R 1200 RGM3 DU 33 s o RM,.1209.13~ N ''N 1, 1 C G +; R~PR 9043 Go gnlpU ~`' 24 51 m ~ 1 DU s ~' ° c N R~ 1pU c 4 200 A 100 ~ p 2 N 1-52-24 ~ U 152 0U m 2 0 Rt," U1fi 4 q U 2U 6 ~ ~ V-141 10 1"1 1-522 0 ~ D 3 4 g8.09- R VP 5 00 51 N <T ~ ~ M 1200 2.83.116 lfi 4 fie Bg pi o m R VAR 3814 B pU ~ G N { o Rp16 12oo ~. U ~> 52-24 4 p ~N 0 ~ o RM- gr~-86-26 DU RG~ 51- 20 G' 19 ~t1 9'. ~ N1 2 DU °0 5 2o~,?~p438 CUP ~$ m 4 51-52 4 1.52-2 FM-2 V 0 1 D N N ~~ o a ~I\ .51.5T24 . 5 ,,.a 3625 ~ n D 1 pU l Variance No. 447 TRACKING NO: VAR2003-04591 Requested By: WAYNE CHEUNG Subject Property Date: January 12, 2004 Scale: 1" = 200' Q.S. No. 93 REQUESTS REINSTATEMENT OF THIS PERMIT BY THE MODIFICATION OR DELETION OF A CONDITION OF APPROVAL PERTAINING TO A TIME LIMITATION (APPROVED ON FEBRUARY 12, 2001 TO EXPIRE MARCH 16, 2004) TO RETAIN AN EXISTING GASOLINE SERVICE STATION. 300 South East Street and 1200 East Broadway -Anaheim Service Station 1130 ITEM N0. 5 Staff Report to the Planning Commission: January 12 2004 Item No. 5 5a. `CEQA CATEGORICAL EXEMPTION -CLASS 1 (Motion) 5b. !VARIANCE N0.447 (Resolution) (TRACKINGNOsVAR2003.045911 SITE LOCATION AND DESCRIPTION: (1) This rectangularly-shaped, 0.49-acre property is located at the southeast corner of Broadway and East Sheet, having frontages of 211 feet on the south side: of Broadway and 102 feet on the east side of EasPStreeC(300 South. East Street and 1200 East Broadway - Anaheim Service Station). REQUEST: (2) The petitioner requests reinstatement of this permit by the modification or deletion ofa condition ofapprovaf pertainingito a time limitation (approved ort Februaryl2, 2001, o expire on March 16; 2004) to retain an existing gasoline service: station with accessory automotive; repair under authority of Code: Section 18.03.093. BACKGROUND: (3) The property is developed with a'service station with accessory automotive'repair facilities and two (2) multiple family dwelling units, and is zoned RM-2400`,(Residehtial, Multiple- Family). The Anaheim General Plan Land Use Element Map designates this property for Medium Dertsity Residential land: uses and'}urther designates surrounding properties as follows: to the north (across Broadway) and east for Low Density Residential land uses, and properties to the south and wesf(across East Street),for Medium Density Residential' land uses. (4) Variance No. 447 (to operate a gasoline service station) was approved by the City Council on December 20, 1955, subsequentio Commission denial of the request. On October 13, 1997, the Commission, by motion, requested that staff set this Variance for public hearing to consider its modification and/or revocation.' On March 16, 1998; the Commission motlified Variance No. 447, including additional conditions of approval, for a period of three (3);years, to expire on'March 16;'2001. On February;l2, 2001, the Commission reinstated this permit .for a period'of three'(3) years, to expire March 16, 2004. Resolution No. PC2001-22 contains the following condition of approval: °1. That the subject conditional use permit shall expire three,(3) years from the date of this'~esolution on March 16, 2004:' DISCUSSION: '' (5) Steven Lazerson, representing the property owner, has submltted this request for `reinstatement of Variance No.'447 to retain the existing service: station with accessory automotiveirepair. In'conjunctioh with the reinstatement, the petitioner requests deletion of the condition pertaining to time limitation. (6) To meet the findings required for reinstatement of this permit, the petitioner has submitted -the attached Justification for Reinstatement form indicating thaYsince the adoption of Resolution No. PC2001-22, which reinstated Variance No. 447 in February of 2001,'the physical aspects of the propertyYemain the same, conditions of approval have been` complied with, and that surrounding land uses in the immediate vicinity have not changed. 'Sr5075jr Page 1 Staff Report to the Planning' Commission January 12, 2004 Item No 5 (7) The Code Enforcement Division has submitted the attached memorandum dated December 30, 2003,iindicating that the property and business operation'is being maintained and conducted in a manner consistent w(th the conditions of'approval 'contained in Resolution No. PC2001-22, and no Code violations were observed during the 'field inspection. The: memorandum further indicates there have been nocomplaints `received pertaining td the property during: the past three (3) years. (8) Staff conducted a site visit and observed minor property maintenance issues pertaining to the service station building and; signage, chain link fencing slats, razor wire, and planter pots. Staff has included a condition of approval requiring that he property owner ' repaint/refurbish the'service station building and monument sign, replace the wooden slats in the chain link fencing, remove the razor wire, and jnstall plants within the planter pots adjacent to the service station building. (9) The Commission may wish to note that there have been no changes to the Zoning Cade (RM-2400'Zone) nor the Anaheim General Plan Land Use Element Map hat affect this .'property since Commission reinstated this permit in'2001. The facility is operating substantially in the manner approved and in compliance with conditions of approvah (10) bue to the maintenance issues identified above, and because of the property's proximity to residentialJand uses; staff is not supportive of deleting the time limitation; However, `considering that this' business has complied with conditions o€ approval and there have been no complaints received pertaining to the property during,the past three (3) years, staff .recommends that the Commission reinstate this permit for a period of three (3) years to 'expire ornMarch 16,:2007. ` ENVIRONMENTAL IMPACT ANALYSIS: (11) The Planning Director's authorized representative has determined that the proposed "project falls within the definition?of Categorical Exemptions, Section 15301, Class t` :(Existing Facilities), as defined in the State CEQA Guidelines and is, therefore, exempt ::from the requirement to prepare additional environmental documentation:: GROWTH MANAGEMENT ELEMENT ANALYSIS: (12) The proposed project has beeri reviewedby affected City departments to determine whether ifconforms with the City's Growth Management Element adopted by the City Council on March 17 1992. Based on City staff review of theproposed project, it has been determined that this: project does not fit within the scope necessary to require a Growth Management Element analysis; therefore;' no analysis has been performed. FINDINGS: (13) Since Variance No. 447 was approved as a use Variance in 1955, the Commission must make a fintling of fact. for a Variance (use): permit and that the evidence presented shows that all of the following conditions exist before reinstating this Variance (use) permiti (a) Thaf the proposed use is properly one for which a Variance (use) permit is authorized by the Zoning Code, or that said use is not listed thereinas being a?permitted use; (b) Thatthe proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which' it is proposed to be located; Page 2 Staff Report to the Planning Commission :'January 12; 2004 item No. 5? (c) That the size and shape of he site for the proposed use is adequate to allow the full development of the proposed use in a mannennot detrimental to the particula.area nor to the peace, health, safety, ahd general welfare; (d) That the traffic generated by the proposed use will not impose an undue burden upon the streets and' highways'designed and improved to carry the traffic in the area;. and (e) Thatthe granting of the variance (use) permit under the conditions imposed, if any, wilt not be detrimental to the peace,; Health, safety and general welfare of the citizens of the City of Anaheim. (14) Subsection 18.03.093.040 of the Zoning Code requires that before the Commission grants :'reinstatement of the approvalby extension; modification or deletion, the applicant must present evidence to establish the following. findings: (a) The facts necessary to support each and every required showing for the issuance of such entitlement as set forth in thischapter exist; (b) Said permit is being exercised substantially in the same manner and in conformance with`'all conditions and stipulations originally approved byahe approval body; (c) Said permit is being exercised in a manner not detrimental to the particular area and surrounding land uses, nor to the public peace, health, safety and general welfare; and` (d) With.. regard only to any deletion of a time limitation, such'deletion is necessary to permit reasonable operation under he permit as granted. RECOMMENDATION: (15) Staff recommends that, unless additional dr contrary information is received during the meeting, and based upon the evidence utimitted to he Commission, including the evidence presented iRthis staff,~eport, and'oral and written evidence presented at the .public hearing, the Commission take the following actions: (a) By motion, determine that the project is Categorically Exemption under Section :15301, Class 1r of the CEQA Guidelihes. (b) By resolution, approve this request for reinstatement for Variance No. 447 (VAR Tracking No. VAR2003-04591) to retain the service station with accessory automotive repair basedbn the following: (i) That this permit is being exercised substantially in the same manner and in conformance with ail conditions and; stipulations originally approved by the approval body as requiredby Subsection 18.03.093.040 df the Zoning Code. (ii) That the petitioner has provided factual information as confirmed bythe Code Enforcement memorandum dated December 30,2003, to support each and every showing fdr the reinstatementof this permit. Page 3 Staff Report to the Planning Commission January 12, 2004 tem No 5 (iii) Thaf this use is being exercised in a manner which is noPdetrimental to the surrounding areas or lantl' uses, nor to the public peace, fiealth,'safery and general welfare: (iv) Thatwithout the modification of the time limitation, this business would not be allowed to continue operation atthis property as a service station with - accessory automotive repair uses. ? (c) Staff further recommends that the Commission incorporate the conditions of approval contained in Resolution No. PC2001-22 into a' new resolution witH the following conditions of approval based on the. finding that the modification is necessary to permit the reasonable operation'ofthis service'station business: 1. That the subject use shall expire: March 16 2007 (three years from the date of the last expiration). 2. That within a period of ninety (90} days from the date of this resolution, the property owner shall complete the following: (a) ; Repaint/refurbish the existing service station building and monument sign. (b) ( Replace the wooden slats in the existing chain link fence with PVC slats as required'by Code.- (c) ;Plant and maintain trees orshrubs idthe planter pots located adjacent to the service station building. (d) ' Remove he razor wire installed on the existing chain fink fencing or relocate the razor wire such that it is not visible from the'public right-of-way, 3. That trash storage areas shall be maintained to the satisfaction of the Streets and Sanitation Division, Department of Public Works, to comply with mihlmum requirements: including the installation and maintenance of doors to screen trash bins from the public'sview. 4. That no outdoor storagebf, or display of, vehicles or vehicular parts shall be permitted;and thafno outdoor work of any kind (including arty operations where only part of the car is inside the building, except for smog checks on frontwheel drive cars) shall be conducted on he property. 5. That the existing public telephone shall remain located within the service station building or removed from. the property. 6. That the owner of the subject property shall be responsible for the'temoval of any on-site graffiti within twenty-four (24) hours of its application. 7. That landscaping consisting of trees, shrubs, groundcover, and flowering plants shall be maintained in landscape planters t3nd large above-ground planter boxes or pots. 8. That clinging '.vines shall be maintained on maximum three (3)' foot centers adjacent to all masonry wails and trastYenclosure walls visible to the public rights-of-way. 9. That ovemighf vehicle parking shall be limited to inside the building or to the fenced yard to the ? rear of the building, 10. That only gasoline sales; oil changes, smog checks, brakes, tune-ups, air conditioning services and diagnostic services shall be permitted, Page 4 Staff Report to the Planning Commission January 12; 2004 '' Item No: 5 11. Thatautomobile bodywork, major transmission repaiq'major engine overhaul, painting, and retail sales pf automobiles, their parts or tires'shall not be permitted: 12. That no canopies, awnings, or similar types of overhead shade coverings for the purpose of providing an'area for outdoor work'or any other activiry',associated with this business'shall be permitted anywhere on the propertyi 13. That! the primary use of this business shall be gasoline sales in accordance with the original approval of this VarianceiNo. 447. 14. Thaf no propane tanks shall be permitted. 15. Thafall vehicles awaiting service shall be parked on-site and that the public streets shall not be utilized forany parking related to this business. 16. That the existing wall sign on the north elevation ("Anaheim Service Station -Smog Check") is permitted; and' that any' new signs, including any freestanding sign, shall comply with the standards ofr the RM-2400 Zone unless a<separate variance; application is submitted and approved by the Planning Commission and/br the CityCouncil. Any new permitted signs shall be 'subject to the review and approval of the Planning Commission as a "Reports and Recommentlatibns" itemz' 17. Thaf. a maximum of six (6), maximum fifty-five (55) :gallons each, drums may be stored immediately'adjacent to the rear of the service station building in eak-proof enclosures'. Such drums shall not to be located within the view of the public rights-of-way. 18. That`the approved plan sheet for solid waste storage and collection and a' plan for recycling shah be adhered to as approved 6y the Streets and Sanitation Division, Department bf Public Works. 19. Thatany tree, shrub, or flower planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased, and/or dead; end that any trees'or other landscape material shall not be unreasonably rimmed. 20. That. this approval is granted subject to the business operating as a gasoline service station, properly maintained in conformance with alPconditionsof approval end Code requirements. 21. That, as stipulated to by the property owner, the hours of operation shall be limited to: 7 a.m. tb 10 p.m. daily for the`gasoline sales portion of this use permit; and, 7 a.m. to 7 p.m. daily for the automotive repair portion of this use permit: ' 22. That this property shall be developed and maintained substantially in accordance with plans and specifications submitted to the. City of Anaheim by the property owner and which plans are on file with the Planning Department marked Exhibit No. 1, and as ddnditionedirherein; provided, however, that: the proposed snack shop is not longer part of this approval, as stipulated by the petitioner at the March 16,.1998 public hearing. 23. That the property owner shall maintain, an unsubordinated recorded agreement with the Office of the Orange County Recorder'agreeing to remove the service station structures, including underground tanks, in the event that the service station is closed for a period of one (1) year. Page 5 Staff Report to the Planning Commission January 12, 2004 Item No 5 A service station shall be considered closed during any month in which it is open for Tess than fifteen (15)'days. 24. That the property shall be maintained in acco[dance with the approved plans showing compliance with the latest revisions of Engineering Standard PlanNos. 436 and 602 pertaining toparking standards and driveway locations. 25. 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 Fetleral regulations. ;Approval does not' include any action`or findings as to compliance or approval of the request regarding any. other applicable ordinance, regulation or Yequirement. Page 6 ATTACHhtFNT - ITEM Np. 5 PETITIONER'S STATEMENT JUSTIFICATION FOR REINSTATEMENT ^ Section 18.03.093 of the Anaheim Municipal Code requires that before any conditional use permit or variance containing, a, time limitation can be reinstated for an additional period of time, or before such time limitation may be deleted or modified by the Planning Commission or Zoning Administrator, the following must be shown: 1. The facts necessary to support each and every required showing for the issuance of such entitlement as set forth in the following excerpts from the Anaheim Zoning Code still exist: 18.03.030 (Relative to 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 forwhich a conditional use permit is autholzed by this code, or is not listed herein as being a permitted use; .032 That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located; .033 That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrmental to the particular area nor to the peace, health, safety and general welfare; .034 That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed .and improved to carry the traffic in the area; .035 That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim; 18.03.040 (Relative to Variances) Before any valance 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, loca8on 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 deplves the property of plvileges enjoyed by other property under identical zoning classification in the vicinity. 2. Said permit or valance is being exercised substantially in the same manner and in conformance with all conditions and sOpulations olginally approved by the approval body; 3. Said permit or valance is being exercised in a manner not detrmental 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 deleton of a time limitation, such deletion Is necessary to permit reasonable opera0on under the permit or valance as granted. ^ In order to determine if such findings exist, and to assist the Zoning Administrator or Planning Commission to anive at a decision, please answer the following ques0ons fully and as complete as possible. Attach additional sheets if additional space is needed. 1. Has any physical aspect of the property for which this use permit or valance been granted changed significan0y since the issuance of this use permit or valance? ^ YES ~NO Explain: (over) CASE VAR N0. --° 4 4 7 2. Have t a land uses In the Immediate `vidnlty changed since the issuance of th(s use permit or variance? ^ YES~NO Explain: __ 3. Hasa aspect of the nature of the operation changed since the Issuance of this use permit or variance? ^ YES~f NO Explain: 4. Are the conditions of approval pertaining to the use permit or vadance being complied with7~'YES ^ NO N/a//me of Property Owner or Authdrized Agenl (Please Pnnq `Signature of er or Au) odzed Agenl Dale CASE zoszzsrKOOC izwr z VAR N~: ~ -447 5. If you are requesting @ cjeletion of the time limitation, is this deletion necessary for the continued operation of this use 01^~~ I~~ S' o ~" I i~ 1Is h~`~s~- 1 r~ 1 v q rl ~ {~C.4-1. ~'e.,c~i~,p ~"~~, t~.ssl V .ems ~eQ.I~,I 1h,u j~ I'Q-h~~y~ Q`~ "~ j S ^TT^CH"ENT - ITEM "!0. ~ JUSTIFICATION FOR REINSTATEMENT Anaheim Service Station has been in existence since 1986. This facility has provided the surrounding community a low cost alternative for fast, full service gasoline related services"such as checking oil, fluid levels, wiper blades and tire pressure when most of these services aze no longer being preformed by the new lazge convenience store only gasoline stations being operated by most major oil companies. Many of the facilities clients aze elderly, disabled or on a fixed income and this business is their only alternative to getting these services done without an appointment or without going to a dealership which would be beyond the financial means of many of these people. Anaheim Service Station has also been an excellent example and a pioneer in the implementation and maintenance of the Smog Check program being one of the first authorized Smog Check stations in California. Their highly certified team of professionals who have almost all been with the company since inception have helped to restore cleaner air to our surrounding community thrn their strict adherence to the Smog Check caz maintenance program They have been able to provide a quick and inexpensive means of Smog Check related services to the people of the City of Anaheim with hundreds of satisfied customers when these types of services aze becoming harder and hazder to come by. UAR Np. - 4 4 7 ATTACHMENT - ITEM N0. 5 LETTER OF REQUEST I, Wayne Cheung, current owner of the property located at 300 S. East St. in Anaheim, also. known as Anaheim Service Station do hereby grant Steven Lazerson permission to act as my authorized agent regazding the renewing of variance number 447 with a deletion of any time limitation for the continued use as an automobile gasoline service station at this location. Approximately $50,000 has been spent in the last three years on the property for upgrading the gasoline delivery and monitoring systems. The deletion of time is necessary in order to recoup the massive amount of capital that has been spent on the property to keep it within compliance with all the regulatory agencies. The author ofthis letter and the accompanying documents is Steven Lazerson whose address is 13854 E. Whittier Blvd., Whittier, Ca. 90605. We aze not proposing any modifications to the existing use of the property other than the continued use of the present facilities. (~-.... ~ c g o~ Date VAR N0. -447 ATTACHMENT - ITEFt N0. 5 RESOLUTION NO. PC2001-22 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION REINSTATING AND APPROVING VARIANCE NO. 447 FOR THREE (3) YEARS TO EXPIRE ON MARCH 16, 2004, AND AMENDING CERTAIN CONDITIONS OF APPROVAL THEREOF (VAR Tracking No.2001-04414) WHEREAS, on December 20, 1955, City Council adopted Resolution No. 3043 to approve Variance No. 447 permitting operation of a gasoline service station at 302 South East Street; and WHEREAS, on April 27, 1998, the Planning Commission adopted Resolution No. PC98-32 to amend this variance, including adding conditions of approval and permitting the use for a period of three (3) years to expire on March 16, 2001; and that said resolution contains the following condition: 24. That the subject use shall expire three (3) years from the date of this resolution on March 16, 2001. WHEREAS, this property is developed with a service station with .accessory automotive repair facilities and is zoned RM-2400 (Residential, Multiple-Family); and that the Anaheim General Plan Land Use Element designates the property for Medium Density Residential land uses; and WHEREAS, the petitioner has requested reinstatement of Variance No. 447 (which will expire on March 16, 2001) under authority of Code Section 18.03.093.040 in order to retain the existing gasoline service station. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 12, 2001, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed amendment and to investigate and make findings and .recommendations in connection therewith; and ' WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the reinstated use is properly one for which a variance was authorized by the Anaheim Municipal Code when the use was originally approved. 2. That reinstating this variance, as conditioned herein, to retain the service station with accessory automotive repair 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 and that the conditions of approval, as amended, have been complied with. 3. That the size and shape of the site for the proposal is adequate to allow full development of the reinstated use in a manner notdetrimental to the particular area nor to the peace, health, safety and general welfare. 4. That the traffic generated by the reinstated use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. CR5018PK.doc -1- PC2001-22 5. That reinstating this variance, as conditioned herein, will not be detrimental to the particular area and surrounding land uses, nor to the public peace, health and safety and general welfare of the citizens of the City of Anaheim. `'" 6. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Class 1, as defined in the State of California Environmental Impact Report (EIR) Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby reinstate Variance No. 447 to retain the existing gasoline service station with accessory automotive repair for a period of three (3) years to expire on March 16, 2004; AND BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in their entirety, the conditions of approval of Resolution No. 3043, adopted in connection with Variance No. 447 as amended, to read as follows: 1. That the subject conditional use permit shall expire in three (3) years from the date of this resolution on March 16, 2004. 2. That the property owner shall record, and maintain, an unsubordinated agreement with the Office of the Orange County Recorder agreeing to remove the service station structures, including underground tanks, in the event that the service station is closed for a period of one (1) year. A service station shall be considered closed during any month in which it is open for less than fifteen (15) days. 3. That trash storage areas shall be maintained to the satisfaction of the Streets and Sanitation Division of the Department of Public Works, to complywith minimum requirements including the installation of doors to screen trash bins from the public's view. 4. That no outdoor storage of, or display of, vehicles or vehicle parts shall be permitted; and that no outdoor work of any kind (including any operations where only part of the car is inside the building, except for smog checks on front wheel drive cars) shall be conducted on the property. 5. That the existing public telephone shall remain located within the service station building or shall be removed from the property. 6. That the owner of the subject property shall be responsible for the removal of any on-site graffiti within twenty four (24) hours of its application. 7. That the property shall be maintained in accordance with the approved plans showing compliance with the latest revisions of Engineering Standard Plan Nos. 436 and 602 pertaining to parking standards and driveway locations. 8: That landscaping consisting of trees, shrubs, groundcover, and flowering plants shall be planted and maintained in landscape planters and large above-ground planter boxes or pots. 9. That clinging vines shall be maintained on maximum three (3) foot centers adjacent to all masonry walls and trash enclosure walls which are visible to the public rights-of-way. -2- PC2001-22 10. That overnight vehicle parking shall be limited to inside the building or to the fenced yard to the rear of the building. 11. (a) That only gasoline sales, oil changes, smog checks, brakes, tune-ups, air conditioning services and diagnostic services shall be permitted; and (b) That automobile body work, major transmission repair, major engine overhaul, painting, and. retail sales of automobile parts or tires shall not be permitted. 12. That no canopies, awnings, or similar types of overhead shade coverings for the purpose of providing an area for outdoor work or any other activity associated with this business shall be permitted anywhere on this property. 13. That the primary use of this business shall be gasoline sales in accordance with the original approval of this Variance No. 447. 14. That no propane tanks shall be permitted. 15. That all vehicles awaiting service shall be parked on-site; and that the public streets shall not be utilized for any parking related to this business. 16. That the existing wall sign on the north elevation ("Anaheim Service Station -Smog Check") is permitted; and that any new signs, including any freestanding sign, shall comply with the standards of the RM-2400 Zone unless a separate variance application is submitted and approved by the Planning Commission and/or the City Council. All new signs shall be subject to the review and approval of the Planning Commission as a "Reports and Recommendations" item. 17. That a maximum of six (6), maximum fifty five (55) gallons each, drums may be stored immediately adjacent to the rear of the service station building in leak-proof enclosures. Such drums shall not to be located within the view of the public rights-of-way. 18. That the approved plan sheet for solid waste storage and collection and a plan for recycling shall be adhered to as approved by the Streets and Sanitation Division of the Department of Public Works. 19. That any tree, shrub, or flower planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased, and/or dies; and that any trees or other landscaping shall not be unreasonably trimmed. 20. That this approval is granted subject to the business operating as a gasoline service station, and to its being properly maintained in conformance with all conditions of approval and Code requirements. 21. That, as stipulated to by the property owner, the hours of operation shall be limited to: 7 a.m. to 10 p.m. daily for the gasoline sales portion of this use permit. 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 7 p.m. on Saturday, and 9 a.m. to 7 ~ p.m. on Sunday for the automotive repair portion of this use permit. ` 22. That this property shall be developed and maintained substantially in accordance with plans and specifications submitted to the City of Anaheim by the property owner and which plans are on file with the Planning Department marked Exhibit No. 1, and as conditioned herein; provided, however, that a snack shop is no longer part of this approval, as stipulated by the petitioner at the March 16, 1998 public hearing. -3- PC2001-22 23. 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of February 12, 2001. 'C~ri~,inal zof~~d by CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: (Original signed by Osbelia Edmundson) SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Osbelia Edmundson, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on February 12, 2001, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOSTWICK IN WITNESS WHEREOF, 1 have hereunto set my hand this day of 2001 (Original signed by Osbelia Edmundson) SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2001-22 /~TT~CHt1ENT - ITEM N0. 5 MEMORANDUM CITY OF ANAHEIM Code Enforcement Division DATE: DECEMBER 30, 2003 TO: JOHN RA1v11REZ, ASSISTANT PLANNER FROM: ~~ TEEN MARSH, CODE ENFORCEMENT OFFICER SUBJECT: INSPECTION FOR REINSTATEMENT OF VARIANCE #VAR2003-045 9 1 PROPERTY LOCATED AT 300 S. EAST ST. "ANAHEIM SERVICE STATION" On Tuesday, December 2, 2003, I conducted an inspection of the property located at 300 S. East St. in response to a request for reinstatement of Variance #VAR2003-04591. "Anaheim Service Station" is located on the property. Dunne this inspection, I observed there were no violations of the Conditions of Approval of Resolution #PC2001-22. I also observed that there were no violations of the Anaheim Municipal Code and the landscaping, building, and surrounding areas were well maintained. A review of Code Enforcement records indicates there have been no complaints received, regarding the property, during the past three years. If you have any questions regarding this matter, please feel free to contact me at extension #4595. Mi00 s east st ITEM N0. 6 Staff Report to the Planning Commission January 12, 2004 Item No: 6' 6a. r CEQA CATEGORICAL EXEMPTION. CLASS 3 (Motion) 6b. ` CONDITIONAL USE PERMIT NOi 2003-04813 (Resolution), SITE LOCATION'AND DESCRIPTION: (1) This rectangularly-shaped, 0.5-acre property is located bn the southeast comer of Ball Road and Dale Avenue, with frontagesbf 147 feet on the south side of Ball Road and 146 feet on the east sidebf Dale Avenue (2792 West Ball Road). REQUEST: (2) Tfte petitioner requests(approval of a conditional use permit under authority of Code Section No. 18.44.050.135 to construct a four (4)-unit commercial retail center. .'BACKGROUND: (3) This property. is currently vacant and was previously occupied by a gasoline service station and is zoned'CL (Commercial, Limited). This propertyis also within the West Anaheim Commercial Corridor Redevelopment Project Area. The Anaheim General Plan Land Use Element Map, designates this properly for Medium Density Residential land uses. (4) Surrounding General Plan land use designations are as follows: Direction General Plan .Designation North (across BaII Road), east Medium Density Residential I and south West (across Dale Avenue) General Commercial PREVIOUS ZONING ACTIONS: (5) The following.: actions pertain to this property: (a), Variance. No. 1711 (waivers of sign maximum height limitation and minimum distance between two roof signs) was'approved by the Planning Commission on June 7, 1965. This variance no longer applies and should be terminated, as the property is currehtly vacant ? (b); Variance No. 2416,(waiver of (a) minimum distance between freestanding signs, (b) maximum number of freestanding signs; (c) permitted location of freestanding sings and (d) minimum height of freestanding signs to construct two lighter box signs and two canopy signs in conjunction with an existing freestanding sign) was denied by the Planning Commission on August 21, 1972. The entitlementwas subsequently approved by the City Council: on October 3, 1972,1 This variance no longer applies and should be terminated, as the'property is currently vacant. Sr3057ey Page 1 Staff Report to the Planning Commissioh January 12, 2004 ltem No. 6r (8) The floor plan (Exhibit No. 2) indicates that he proposed retail building would consist of one 2,019 square foot tenant space three 1,090'.. square foot tenant'spaces and a 30 square foot 'utility room. The plan indicates main entrances to all'suites onthe north elevation (facing Ball Road). :The plan further indicates a single restroom in the rear of each tenant space. - (9) The site plan indicates a total of two driveways are proposed forahe site, including one driveway on?'each street frontage and a total' of 32 parking spaces proposed for the new center. Code requiresa minimum of 31 spaces for this center based on the ratio of 5:5 parking spaces per,1,000 square feet of gross floor area of general retail'space (5.5'x 5',568/1000 = 31). Commission should note that the proposed number of spaces would meet the minimum code requirement for general retail'uses. Future tenants such as fast food uses with greater than temseats would'require additional parking spaces. In such a case, the applicant would need o provide additional spaces or request a parking variance. The plan also indicates. a trash enclosure in the southeast corner of the parking lot. (10) Elevation drawings forahe center (Exhibit No. 3) indicate aone-story, maximum 26-foot high commerciaFbuilding incorporating a mansard file roofwith a raised parapet'above. A pediment iaproposed`above the wo middle' enant spaces and, further, decorative cornice treatmentsare proposed as an accent along all parapets. Building materials would consist of a stucco: finish to be painted a' neutral color, clay file roofing in a terracotta color and a darker accent color fof trims and`cornices. I The storefront wouldinclude tempered glass 'windows and entryway doors. The north elevation would include`pop outsao mimic actual columns, with the lowed portion textured and painted in the accent color, Though the size and design of future wall signage is not depicted on the plan, the drawing contains notes that indicate that proposed slgnage would tie located`along the lower band, below the file Yoof treatment and pediment. (11) The landscape plan (Exhibit No. 4) indicates a 10 to 14 foot wide landscape planter along ttte north and west property lines'adjacent to BaII Road and Dale Avenue. The landscape setback would consisfof 5 to 7 feet of turFarea adjacent to the right-of-way, with a variety of shrubs in the remaining landscape area. A total of six rees along Ball Road and four trees along Dale Avenue are identified'on the plan, The plan also indicates three landscaped fingers within the parking area to be planted with minimum 24-inch box sized trees, of unidentified`species. Additions(planter area is proposed along the Dale Avenue setback, for a total planter width of up to 19,feet. Code°~equires one tree forevery 20 lineal feet of street frontage, (7`trees required for each streetfrontage) and fast growing shrubbery or clinging vines planted on 3-foot-centers for the trasfi enclosure. Code further requires that at least one (1) tree?per three thousand (3,000) square feet ofparking area and/orvehicular ', accessways'be distributed throughout the parking area and an average of forty-eighk (48) square feetof planterarea provided per required tree,: with a minimum planter dimension of .five (5) feet, and no more than ten (10) parking spaces shall be adjacent to each other in a row withoutbeing separated by andscape'area with a:minimum'width of five (5) feet (12,880 square feet713000 square feet ='4 trees within associated planter areas). ,Since revisions to afie site planhave not been updated in thelandscape exhibit, staff has included a condition of approval requiring that a finafdandscape''plan be submitted for-Zoning Division approval. (12) The monument sign plan (Exhibit No. 5) reflects the size and general design of the proposed monument sign for tlie'commercial center. SThe monument sign;would not'contain the names of any of the future tenants, but rather identification of the center as a whole (to be named "Athenian Plaza"). The sign wouldbe 8-fooYhigh, and 90-foot wide'(with 43 square .feet of advertising oneach side), bonstructed with an 18-inch high base, 9=inch high street atldress numbers and'would be'comprised' of the same material and coloras the commercia~tetai(building. According to the site plan; the monument sigh would be located Page 3 Staff Report to the Planning Commission January 12, 2004 Item No: 6 at the northwest corner of the property, primarily oriented toward the Dale Avenue frontage. Code requires that a)'all monument signsshall not exceed the: lesser of sixty-five (65) square feet or 0.5 square foot for each linear foot of street or highway frontage of the parcel of real property on which said sign is located; b) such ignage,be located within a landscaped; planter, the area of which is at least one-fialf the total sign area of the sign located within the plartter; c) signs include the numeric street address with numbers`ho less _ titan nine inches in height; d) the exterior finish, color and materials of the sign shall f complement the colors and/or materials of the building that the advertised business occupies; and e) such ignage have a solid base at least eighteen (18) Inches in height. (13) The submitted letter of operation includes general information regarding the number and size of the tenant spaces. Since no tenants have been identified, the hours of operation, employee riformatiort, and tenant mix are unknown' at this time: ENVIRONMENTAL IMPACTANALYSIS: (14) The Planning Director's authorizetl representative has determined that the proposed project falls withinthe definition of Categorical Exemptions, Section 15303, Class 3 (New Construction or Conversion of Small' Structures), as defined in the5tate CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional envronmentafdocumentation. GROWTH MANAGEMENT ELEMENT ANALYSIS': (15) The proposed project has been reviewed by affected City departments to determine whether iPconforms with the City's Growth Management Element adopted by the City Council'on March 17, 1992. Based on Citystaff review of the proposed project, it hasibeen determined that this project does not fit within the scope necessary to require a Growth Management Element analysis, therefore, no analysis has been performed. EVALUATION: (16) Commercial. retail centers (three or more tenant spaces} are permitted in the CL Zone +subject to the approval of a Conditional Use Permit. ; (17) Staff is concerned that the size of the site is not adequate to allow for the full development of the project: ih a manner not detrimental to the particular area. Although the petitioner' has included a 12- by 24-foot loading;area adjacent to Dale Avenue, tall feels that it may be underutilized by tenant: spaces do the opposite side of the property. The size of the property does not allow for a rear access and loading area, which would,typically be an important componenfof a strip retail center. As witfi a previous, proposal for a commercial retail center on a similarly-sized property at tfit: southwest comer of Brooknurst Streefand Lincolh Avenue, staff believesthat delivery vehicles would likely utilize the proposed customer parking area (specifically the drive aisle) and would Ihtertere with on-site vehicular parking and circulation. As part of the Zoning Code update, staff is considering the addition'of development standards specific'td commercial retail ct:nters in order to address the: site design and functipnalty issues associated'with this. type of commercial development: (18) Inaddition td the functional aspects of the proposed project, staff is also concerned with the 'proposed commercial use of thei property. Although'commercfal retail centers arelfsted as conditionallypermitted`uses within the current zoning; he use is inconsistent with broader plans for the site, specifically the'General Pian Land Use and Housing Elements. As identified inparagraph nos. 3 and 4 of this;report, this property, as well as the adjacent properties to the north,.. east and south, are designtated for Medium-Density Residential land uses on the Anaheim General Plan Land:Use Element Map. Page 4 Staff Report to the Planning. Commission January 12; 2004 Item No. 6 `(19) As indicated in the attached memorandum from the Community Development Department 'dated December 31;:2003, this site is located in the West Anaheim Commercial Corridors Redevelopment Project Area (WACCRPA), identified'as a Housing Opportunity Site in the 'City's Housing Element of the General Plam and is further designated for residential land use in the WesFAnaheim Vision Plan' The establishmentofthls small "strip center' is inconsistentwith the long-term goals and objectives ofahe WACCRPA, the'Housing Element :ofahe General Plan and the West Anaheim Vision Plan. The position of the'Community Development Department is noon support of the proposed project. (20) Undersized commercial properties, as well as small commercial centers tend to contribute to blight and blighting influences due to their inability to establish along-termcritical mass customer base needed'to sustain them. 'Since WeskAnaheim is already saturated with ;these centers, allowing another strip retail development at this location would be inconsistentwith the need to improve the community. ' Staff concurs with the Community 'Development Department and recommends denial of this project: `HOUSING ELEMENT ANALYSIS: (21) Effective January 1, 2003, Government Code Section 65863 restricts a city's ability to reduce the maximum'allowable density on property in'areas already designated or zoned for residential uses to a level below the density used by the State otCalifomia Housing and Community Development Department (HCD) when determining whether a city's Housing Element complied with'state law: It is immaterial under the statute whether the reduction is initiated by a!city or bya member of the putijic. A city may neither require nor permit the reduction of density or'any such residentially-designated parcel,'unless the following findings are made: (a) That the'proposed reduction in density is consistent with the General Plan, including the Housing; Element. (b) That the remaining sites identified in the'Housing Element are adequate to accommodate the City's share of the regional housing needs:. Ifa city cannot make the second finding, it may still make the reduction in density if it 'identifies sufficient "adtlitional,'adequate,'and available sites" with an equal br greater' Yesidential capacity in the jurisdiction so thakthere is no net loss'of residential unit capacity. In some instances, it may be necessary for the city to "up-zone"`some other area of the city in order to legally accomplish a dbwn-zoning (Government Code Section 65863). This statute provides attorneys fees to a successful plaintiff challenging a city under the statute. The City Attorney's Office has reviewed Section 65863 and advised that Government Code Section 65803 statesahat the sections in Chapter 4, df which 65863 is a part, do not apply to charter cities' except as otherwise provided. Since Section 65863 does not; specifically indicate applicability toicharter cities, it is believed that such provision does not apply o Anaheim, a:charter city. However', as a practical matter the reclassification,of properly needs to be consistent with thei General. Plan, including the Housing Element. Anaheim has a Housing Element, approved by iCD, based upon the City's provision of certain identified Housing Opportunity Sites. To ensure that zoning actions remain consistent with the General Plan, it is recommended that the findings in Section 65863 be utilized as a model, and be analyzed by the City when property'is rezoned to a density below that considered in the approved Housing'Element es amethod of determining continuing conformance with the assumptions contained therein. Page 5 Staff Report to the Planning Commission January 12, 2004 Item No: 6 (22) The City's regional housing need share during the planning period 1998 to 2005, is 11,508 units. Overall, the Housing Element identified 154 housing opportunity sites throughout the City with density ranges to accdmmodate 16,048 to 20,841 housing units. iln a conservative analysis, a reduction in residential density which results in a loss. of fewer nan 4,500 units 'will not impact the City's ability to accommodate its share of theiregional housing need and would remain consistent with the Housing,Element of the General Plan. The City, however, may reduce the density on these'sites beyond 4,500 units, provitled it remains in conformance with the approved;Housing,Element, which may be accomplished by identitying sufficient additional, adequate, and available sites with an equal or greater' residential density so that there'is no net loss of residential unif capacity. (23) In order to ensure that zoning actions which grant a reduction of density on residentially zoned properties are'consisteniwith the;City's General Plan, including the Housing Element as approved by HCD; it is recommended that the Planning Commission utilize the methodology set forth in Govemment Code Section 65863. Although it is believed that said section is ndt applidatile to Anaheim as a charter city, it is recommended that the proposed 'action be oonsidered'and evaluated to determine that if the reduction of density results in a 'density level below that used by HCD when' determining whether the Housing Opportunity Sites identified in the City's Housing Element complied with state law, that he following findings, without waiver of the City's charter city authority, be made: (a) That the proposed reduction in density is consistent with the General Plan, including the Housing Element; and (b) That the remaining sites identified in the Housing. Element are adequate to accommodate the`City's share of the regional housing need'pursuant to Govemment Code'Section 65584, (24) The project'site contains one (1) of tfe two (2) parcels identified as Site No, 52 of the West Anaheim Area in the'Housing Element witha density: range of6'to 18 units per acre: The site is .48-acre that could accdmmodate from 3 to 9 units. The'proposed'commercial development would result in a total maximum loss of 9 units from the maximum number of potential units identified in the Housing Element. (25) As noted above, reductions in residential density which result in'a loss of fewer than4,500 units will not impact he City's ability to acdommodate its share of the regional housing need `and would remain consistent with the Housing Element of the General Plan. (26) The Planning Commission previously recommended downzoning of the Five Points area (southwest bf Lincoln Avenue and West Street). The downzoning effected a maximum 15- unit reduction of parcels identified in the Housing Element. Thel Commission also "recommended a general plan amendmentand reclassification of the Caliber Motors'site in 'the East Anaheim Area, resulting in a maximum 30-unit reduction. The prior actions`and the ` proposed commercial use of the ubject property will'result in a otal combined reduction of a maximum of 54 units. The remaining sites identified in the Housing Element provide residential Unit capacity in excess of the proposed 54-unit reduction in density ident~ed to 'date. (27) Based on the foregoing, the Commission should note that this reduction of housing density is consistent with the Housing Element and, further, hat the remaining housing dppdrtunity `sites identified in the: Housing Element are:adequate to accommodate the' Citys share of the regional housing need'. Page 6 Staff Report to the Planning.Commissioh .January 12; 2004 Item No. 6 FINDINGS: (28) Before the Commission grants any conditional use permit, it must make a finding of fact that the evidencepresentedshows thatall of the following conditions'exist: (a) That the proposed use is properly one for which'a conditiohal use permit is - authorized by the Zoning Code, or that said use is not listed therein es being a permitted use; (b) That the proposed use will pot adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located; (c) That the size and shape oflhe site for the proposed use is'edequate to allow the full development of}he proposed use in a manner not detrimental to the particulararea nor to the peace;: health, safety, andigeneral welfare; (d) That the traffic generated by the proposed use will not impose an undue burden upon the streets aril highwaysdesigned and improved to carry the traffic'n the area; and (e) That the granting of the conditional use permit under the conditions imposed, if'any, will not be detrimental to the peace, health, safety and general welfare of the citizens of tfie City of Anaheim. RECOMMENDATION: (29) Staff recommends that,`unless additional or contrary information is received: during the meeting, and`based upon the evidence submitted to the Commission, including the evidence presented in'this staff report, and'oral and written evidence presented at the public hearing, the Commission take the following actions: (a) By motion determine that the project is Categorically Exempt under Section 15303; Class !'3 (New Cohstruction or Conversion of Small Structures) of the CEQA Guidelines. (b) By resolution, denv Conditional'Use Permit No. 2003-04813 (to construct: a four (4)-unit commercial retail center), based on the following: : (i) That although commercial retail centers are listed as conditionally permitted uses within the CL Zone, the size of this site for a commercial retail center is inadequate to allow the full developmentof the project in a manner not detrimental to the particular areas (ii) That the proposed use is inconsistent with the General Plan Land Use Element Map as identified in paragraph no. 19 of this report. (iii) That the subject location is designated as a Housing Opportunity Site in the recently adopted Housing Element of the General Plan. Further; the Community Development Department supports staffs. recommendation for denial due. to the inconsistency of this proposal with the long-term goals and objectives of the General Plan and the West Anaheim:Vision. Plan. ''Page 7 Staff Report to the Planning Commission January 12, 2004 Item No: 6 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 THATSHISPERMITi ISAPPROVED. L That no convenience markets and/or retail sales of alcoholic beverages shall be permitted unless a separate conditionaliuse permit is approved by the PlanningiCommission. 2. .That no video, electronic or other amusement devices shall be`permittedbn the premises. 3. That all public phones shall be located inside the building. 4. That all trash generated from this commercial retail center shall be properly contained in trash bins :.located within approved trash ehdosures The number of bins hall be adequate and the trash pick- `; up shall tie as frequent as necessary to ehsure the sanitary liahdling and. timely removal of refuse from the property. ;The Code Ehforcement Divisioh'of the Plartning Departmenfstiall determine the need for additional bins or additional pick-up. All costs for increasing the number of bins oFfrequency ;'of pick-up shall be paid by the' business owner. 5. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event that it is removed,' damaged, diseasedand/or dead, 6. That no roof-mounted balloons or other inflatable devices shall be permitted on the property. 7. That no outdoor vending machines shall tie permitted on the property. 8. .That 4-foot high street address numbers shall be displayed on3he roof of the building in a color that :contrasts with the roof material: The numbers shallfnot be visible from the streets or adjacent.: r properties. Said information sftall be specifically shown on plans submitted for building permits. 9. That there shall be no outdoor storage permitted on the premises. 10..That roof-mounted equipment shall be screened from view in accordance with the requirements of Anaheim Municipal'Code Section 18.44.030.120 pertaining to the CL (Commercial'Limited)Zgne. Said inforration sfiali be specifically shown on plans submitted for building permits; 11. That the property shall be permanently maintained in an orderly fashion by the provision of regular landscaping maintenance, removal of trash or detiris, and removal ofgraffiti within twenty four (24) hours from time of occurrence:: 12: That the number of tenant spaces for this commercial retail center shall tie limited to four (4); Said informatioh shall be specifically shown onplans submitted for`building permits. 13. That any wall signage for this building shall be limited to the lower band, below the the roof treatment and pediment. One wall sign per unit shall be permitted for ihterior units and two wall signs (one per exterior direction) sfiall be permitted for end units, 14. That final sign plans for the monument sign shall be submitted to the Zoning Division for review and approval Said plans shall incorporate architectural features,:materials and colors as utilized'on the `commercial building and shall include an 18-inch high base including 9-inch high address letters. The locatiomsfiall be approved by tfie Traffic and Transportation Manager, specifically relating to a location outside the sight-distance triangle. Any decision made by staff regarding said sign plans may be appealed to the Planning Commissibhas a "Reports and Recommendation" item. "' Page 8 Staff Report to the Planning Commission 'January 12; 2004 `Item No. 6? 15. That final landscape plans shall be submitted to the Zoning Division for review and approval. Plans shall indicate the size'and specific type of trees to be planted within both the setback and parking .areas, A total of seven (7) non-deciduous,'minimum 24-inch box sized trees shall be planted in the setback areas along both streeffrontages. ?Plans shall also indicate parking lot treesand planter§ consistent with Code requirements, including a total of 4 parking'lot trees ahd associated planters. The plans shall also incorporate'. decorativepaving atlthe driveway entrances. Any decision made by staff regarding said final landscape plans may be appealed to the Planning;Commission as a "Reports and Recommendations" item. 16. That final elevation plans shall be submitted to the Zoning Division and Community Development Department for review'and approval. Saidplans shalt: incorporate a canopy along the north elevation with decorative columns and planters between the walkway and parking lot. Any decision by Gity staff may be' appealed to the Planning Commission as a Reports and Recommendation item. 17. That all new requests for new water services or fire lines, as well as any modification; relocation, or abandonments of existing waterservices and fire lines shall be coordinated through! Water Engineering Division of the Anaheim Publics Utilities' Department:: 18. That all backflow equipment shall be located above ground andcutside ofthe street setback area in a manner fully. screened from all public streets. Any backflow assemblies currently installed in a vault shall be brought up to eurrent standards. Any otherjarge water. system equipment shall be installed to the satisfaction of the Water Engineering Division (n either underground Vaults or outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans and approved by Water Engineering and Cross: Connection: Control Inspector. 19. That since this project has a lantlscaping area exceeding 2,500 quare feet, a separate irrigation meter shal(be installed in compliance with,Chapter 10.19 of Anaheim Municipal Code No, 5349 regarding water conservation. Said information shalt be specifically shown' on plans'submitted for building permits. 20. 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.- Access to the trash bin gatesshall have'a minimum width of five feet and further thatthe design of adjacent landscape planters: shall be curved in ostler to allow for improved accessibility of trash bins. Said storage areas shall be designed, located and screened so as not to be readily identifiablefrom adjacent streets or highways. The walls of the storage areas shall tie protected from graffitl;bpportunities by the Use of plant materials: such as minimum one-gallon size clinging vines planted: on maximum three-foot centers or tall shrubbery. Said information shallbe specifically shown on She plans submitted for building permits. 21. That a plan sheet for solid waste torage and collection and a plan for recycling shall be submitted to the Public Works Department, Streets and SanitationiDivision for review and approval. 22, That an on-site trash buck turn-around area shall be provided per Engineering Standard Detail IJo. 610 and maintained to the satisfaction of the Public Works Department, Streets and' Sanitation' .Division. Said tum-around area shall be specificallyshown on plans submitted for building permits. 23. That plans shall be submitted to the City Traffic and Transportation Manager for his review and .approval in'conformance with the current version of Emgineering Standard Plan Nos,;436 and 4601/602 pertaining to parking standards and driveway location% Subject property shall thereupon be developed and maintained in conformance with said: plans. 24. That no required parking area should be fenced in orotherwise enclosed for outdoor storage uses. Page 9 Staff Report to the Planning Commission ;January 12, 2004 c Item No: 6 25. That all driveways shall be constructed to accommodate ten (10) foot radius curb returns in conformance with Engineering Standard IJo. 137. Said information shall'be specifically shown on plans submitted for building permits. 26. That the legal owner of subject property sfiall provide the City of Anaheim a public utilities easement along/across primarycable underground and around the pad-mounted transformers: 27..That any required relocation of City electrical facilities shall be G. .e property owner's expense. Landscape?and/or hardscape screening df all pad-mounted equipment shall be required and shall be outside the'easement area of the equipment. Said reformation shall be specifically'shown on plans submitted for building'permits. 28. That all electrical engineering requirements of the City of Anaheim along Ball Road and Dale Avenue, tnGuding the preparation of improvemenfplans and'rhstallation+'of street fights on said streetsas 'required by the Electrical Engineering Division, shalt be secured in the form of a bond in an amount :and form satisfactory to the City of Anaheim, and sfiall be posted with the: City to guarantee the satisfactory completion of said :improvements. 29. That the legal property owner shall submitan application for a Subdivision Map Act Certificate bf Compliande to the Public Works Department, Development Services Division. A Certificate of- Compliance or Conditional Certificate of Comptianceshall be approved by the City Engineer and recorded in-the Office of the Orange County Recorder' prior to'issuance df a building permit. 30. That the legal property owner shall irrevocably offer to dedicate tp the Citybf Anaheim an easement for a comer cutoff at Ball Road and Dale`Avenue. 31. That the applicant shall obtain approval from the City;of Stanton indicating: that the existing storm drain facilities have adequate capacity to serve the proposed development prior to approval of the grading plan. 32. That the developer sfiall submit a Water Quality Management Plan (WQMP) specifically identifying the best managemenk practices that will tie used on-site to control predictable pollutants from'storm water runoff. The WQMP shall be submitted to the Public Works Department, Development Services Division forrreview and approva(prior to approval of the gradingplan. 33. That the property owner shall be required to implement appropriate non-structural and structural Best Management Practices (BMPs);to the satisfaction of the Public Works Department'(Development Servioes Division. 34. That the property owner shall submit a letter requesting termination of Va*iance No. 1711 (waivers of sign maximum heigfit limit and minimum distance between twooof signs] and Variance No.'2416 (waive (a) minimum distance between freestanding signs, (b) maximum number of freestanding signs, (c) permitted location of freestanding signs and (d) minimum heigfit`of freestanding signs to construct two lighter box signs and two canopy signs: in conjunction with an existing'freestandng sign) to the'Zoning Division. 35. That all plumbing or other similar' pipes antl fixtures located on the exterior of the building shalt be fully screened by architectural devices and/or appropriate building materials; and, further, such:. information shall be specifically shown ortthe plans submitted for building'permits. 36. That the subject property shall tie developed substantially in accordance with plans and specifications submitted to the Cityof Anaheim by the petitioner and which plays are on file with the Planning: bepartment marked: Exhibit Nose: 1 through 5, and as"conditioned herein. Page 10 Staff Report to the Planning Commissidn January 12, 2004 Item No: 6' 37: 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: 8, 10, 12, 14;.15, 16, .17;18, 19 20, 21,22; 23, 25, 26, 27, 28 29, 30, 31;32, 34 ahd 35, above-mentioned, shall be complied with. Extensions foF - furthertime to complete said bonditions may be granted in accoPdance with Section18A3.090 of the Anaheim`Municipal Code. 38. That prior to final building and zoning inspections, Condition Nos. 33 and 36, above-mentioned; shall be complied with. 39. 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 regulationsl` Approval does not ihclude any action or findings as to compliance or approval of the request regarding any other applicable ordinance,Yegulation dr requirement. Page 11 ATTACHI~fENT -ITEM N0. 6 COMMUNITY DEVELOPMENT DEPARTMENT City of Anaheim MEMORANDUM DATE: December 31, 2003 TO: Elaine Yambao, Planning Department FROM: Eduardo Hernandez, Project Manager SUBJECT: CUP NO. 2003-04813 - 2792 W. BALL ROAD The following provides background information in preparation for the consideration of CUP No. 2003-04813, to permit a 4-unit commercial center at 2792 W. Ball Road. The subject property is located in the West Anaheim Commercial Corridor Redevelopment Project. The current Land Use Element of the General Plan designates this property for Medium Residential land uses, and the Housing Element identifies this site as a Housing Opportunity Site. The West Anaheim Vision Plan identifies the site for residential use. The commercial center is inconsistent with the long-term goals and objectives of the General Plan, the City's Housing Element, or the West Anaheim Vision Plan. West Anaheim is currently saturated with small commercial centers such as the one proposed, and to allow further development of these small centers is inconsistent with the need to improve the community. Therefore, the Community Development Department's recommendation is to not support approval of the CUP. If you have any questions regarding this matter, please do not hesitate to contact me at Extension 4335. C: David See F:~DOfSIOEV SVCSV.ffiM~51EOhiZA03A.DOC I I tf1 NU. / 7 1391 i ~ i~ DP 97 1151 a RCL 68gB576 \ V PR 1631 CUP SP 94-1 ~\'~ DA1 /)\ IND. BLDG. SP 94-1 DA 1 NORTH ~ AMERICAN ry"', SPH`Sp0949 169 OP'1 46111 ROL U? ~g31 K ~ EKt NR SS TPM NO. 99-169 SP 94-1 DA1 RCL 70.71-07 (21) RCL 68-fig-92 RCL 76-71-06 (1) CUP 1631 ... ...__. RCL R RC KOI TPM NO. 99-189 SP 94-1 A RCL 70 71~7(21) RCL 68-69-92 RCL 70-71-46 (1) CUP 1831 VAR 3857 I SMALL IND. PIRMS CUP SP 94-1 DA 1 rn ... .__ i~~, ~' ~ VE i ~~ ' N _~~~~npPLMPPVE 5P 0s 1 .. a~ SP g4.1 ` t CUP 4090 CUP 3453 ADJ 0170 INDUSTRIALLY RELATED BUSINESS OFFICES INDUSTRIAL PARK SP 94-1 DA1 RCL 87-88-07 (Res OF Intent to ML) RCL 70-71-46 69-70-58 2) 69-60-57 V-4236 IND. FIRM DA 5 /~ RCL 70-71-07 (21) RCL 68-69-92 RCL 70.71-46{7) (' CUP 2006 Q CUP 1831 \ VAR 3857 Q- SMALL IND \\ FIRMS SP 94-1 \ IND. BLDG. SP 94-1 \\ DA 1 \ RCL 70-71-06 \ CUP 4090 Oi\\ RC CUP73453(39) pl~~Rp\\ 'Q ~(i \ ADPJN0~~08 ~yZOT~Oti AMS NF ~ SP 94-1 DA 1 ADP 108 RIVERSIDE FREEWAY Conditional Use Permit No. 2003-04811 ~ Subject Properly Date: January 12, 2004 Scale: 1" = 200' Requested By: LARRY BEDROSIAN Q.S. No. 132 REQUEST TO ESTABLISH A CHURCH WITHIN AN EXISTING INDUSTRIAL BUILDING WITH WAIVER OF MINIMUM NUMBER OF PARKING SPACES. 2920 East White Star Avenue RC F RC 4 1128(2004-1-5) ITEH N0. 7 Staff Report to the Planning'Cbmmission !January 12, 2004 Item No. 7> 7a. CEQA NEGATIVE DECLARATION (Motion) ; 7b. ?WAIVER OF CODE REQUIREMENT (Motion) ,, ,; 7c. CONDITIONAL USE PERMIT N0. 2003-04811 (Resolutioh) SITE LOCATION AND DESCRIPTION: (1) This irregularly-shaped one-acre property has a frontage of 233 feet on the southwesterly side of White Star'Avenue, a`maximum depth of 233 feeq and is located 725 feet southeast of the centerline of La Palma Avenue (2920 East W hite Star Avenue). REQUEST: (2) The petitioner?requests approval of a Conditional Use Permit under authority'of Code Section 18!110:050:050.0512 topermit antl retain a church within an existing building with waiver of the following: SECTIONS 18.06.050.0266 and Minimum Number ofbarking spaces 18:110:0501110 166 required; 36 existing andproposed); `BACKGROUND: (3) Thls property is developed as part of an industrial complex and is zoned SP94-1; DA 1 (Northeast Area Specific Plan -Industrial Area). The Anaheim General Plan: Land Use Element Map designates the site for General9ndustriaCland uses and properties to the north and east for:General Commerdlaf land uses and properties to thesouth and<west for General Industrial land uses. `PREVIOUS ZONING ACTIONS: (4) Tentative Parcel Map 99-123 (to establish an 8-numbered lot, 1-lettered lot industrial su6division)'was approved by the Planning Commissibn on June 21, 1999. DEVELOPMENT PROPOSAL: (5) This request is the result of a Code Enforcement investigation based on a request for service that revealed that the church was?operating at the location without a conditional use permit. (6) The petitioner is requesting approval of a conditional use permit to permit and retain a 99,426 square foot church in an existing: building within an industrial complex. (7) The floor plans (Exhibit Nos. 2 and 3) indicate a 5,376 square foot sanctuary/auditorium area, chapel, lobby: area, children's ministry room, classrooms, and storage areas: A 2,500 square foot mezzanine office space is used for administrative: purposes for the church, (8) Vehicular access is provided via one driveway on White Star Avenue. Plans indicate a total of 36 existing on-site parking spaces for thisproperty, Code requires 166 spaces based the following: Sr5074jr Page i Staff Report to the Ptanning Commission January 12, 2004 !?Item No: 7 Use Square Code Parking Requirement Parking Feet Ite ufred Sanctuary (assembly) 5,376 t 29; spaces per 1,000 square feet of assembly area'or 0.333 156 s ace er fixed seat'whichever is rester s Office Area 2,500 s.f.°: '4 s aces er 1,000 s uare feet:: 10 Accessory Chinch Uses 11,550 s.f5 N/A N/A (multi-purpose looms, classrooms 'TOTAL ?.19,426 166 s aces:': r Note: Codedoes notrequire any parking for the accessory.Suridaysehool classrooms.'. Accessory uses (e.g:; multi-purpose mom)do not require addi[ioriaf parking provided such'areas are notused wncurrehtly with the sanctuary. ; (9) Photographs'and staff inspections indicate the existing building is'of concrete tilt-up cdnstruction'painted white, with windows on'1he nortfiwest and'northeasfelevations No exterior modifications to the building or landscaping are proposed as part of this application. Staff observed five (5}.buses/vans stored to a loading dock locatetl at the site, as well`as miscellaneous items (palettes, basketball hoop). (10) The sign plans (Exhibit No. 4) andataff inspections indicate one existing 72'square-foot cut foam wall sign on the northwest elevation: No religious icons (crosses) are proposetl to be placed on the building.; No other signs are proposed to connection with this; tequest. The Code allows wall signs. to be a maximum of'10% of the building face area (18 feet x 120 feet = 2,160 (10%) = 216 square feet allowed by code). (11) The petitioner has submitted the attached letter of operation dated November 12, 2003, that indicates oneiSunday service from 10;00 a.m. to 12:00 p.m., and,a mid-week bible study held on Wednesdays from 7:30 p.m. -:9:00 p.m.''Additionally, the administrative offices operate Wednesday through F~itlay, from: 9:30 a.m. td 4:00 p.m:, with a maximum of two (2) full time and two (2) part-time volunteer staff. The congregation has approximately 1.50 members and that with the'exceptionbfaccessory Sunday!school activities and bible study, no school or daycare uses'are proposed. Staff'observed five (5) buses/vans stored in adoading dock located at thesite. The'petitioner'has indicated these vehicles are used for teen/youth transportation for their Wednesday evening tiible study: ENVIRONMENTAL IMPACTANALYSIS: (12) Staff has reviewed the proposal and the Initial Study (a copy of which is available for review in the Planning Department) and finds no significant environmental impact and; therefore, recommends that a Negative Declaration be approved upon a firstling by the: Planning Commission that the'Negative Declaration reflects the ihdependehtjudgment 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. § GROWTH MANAGEMENT ELEMENT ANALYSIS: (13} The proposed project has been reviewed by effected City departments to determine whether it conforms with the City's. Growth Management Element adopted by the City Council on March 17;,1992. Based on City staff review of the proposed project, it has been determined that this project does not fit within the scope necessary to require a Growth Management Element analysis, therefore, no analysis has been performed. EVALUATION: (14) Churches are permitted within Development Area No. 1 of the Northeast Area Specifid Plan subjecfto the approval of a conditional use'permit. Page 2 Staff Report to the Planning Commissidn :January 12~ 2004 r'Item No. 7 (15) The: waiver pertains to minimum number of parking spaces. Code requires a minimum`of 166 parking spaces for the church as described in' paragraph no. (t3) of this report. The petitioner has submitted a parking'analysis prepared by RK Engineering Group, Inc., dated August 27, 2003, to substantiate the: requested: parking waiver. The City Traffic and Transportation Manager has reviewed the parking!analysis and has determined that the proposed parking areas referenced in theparking study are not sufficient for the church and existing industrial uses in the area. Based on the parking study, the parking supply provided on site is 21:6% of the code-required parking for the proposed church. The parking study also'includes'290 off- site and 35 on`-street parking spaces on adjacent properties and streets toward fulfillingthe Code-required. parking far the church operation. Code does not permit on-street parking to be counted toward fulfiiling,Code-required parking for a given project;: and further, this parking is located within the public right-of-way and may be eliminated at any time as tleemed necessary by the Traffic Engineering Division; (No on-street parking is currently allowed along the west side of WhiteStarAvenue). Additionally, parking areas ocated ohradjacentproperties`serve theproperty and uses on which they are located. These businesses located'on adjacent and surrounding properties can, by right, operate 24 hours per day, seven (7) days a week. rAt any time, depending on the level of business activity, a company may change their hours of operation or the numberiof workers they employ to meet their company's needs. Because these parkinglareas on adjacent properties may not always be available, staff is not supportive of using these areas towards fulfilling Code-required parking for the church. +ln order to utilize parking on nearby properties, each property would need to be'encumbered by a parking variance, including parking study analysis of each on-site use. Such variances would limit the usage on'each of the properties to a point that may'negatively affect the`on-site business operations. The City Traffic and Transportation Manage[ has reviewed this study andihas determined that the actual, upply of 36 spaceson the property is not adequate for thee. proposed church due to the number of adult congregants. Staff is concerned that available parking is not adequate to meet both the short'-term andlong-term'growth of the church. Therefore, staff`recommends denial'of this waiver. ( (16) The Commission may wish to note,that this building is located within a recently constructed industrial subdivision (constructed ih 2001), in which all the buildings in the area were parked forindustrial uses (1.55 spaces/1000 gfa), with the exception of the Anaheim Hockeq_Club, which was parked for skating/roller rinks (2.4,'spaces/1000 gfa). The Commission mayalso wish to note that the traffic study conducted as part of the establishment of the industrial subdivision and the hockey club calculated the potentia(traffic demand based on industrial uses. Therefore, based'on the recdmmentlation of the Traffic Engineering. Division, staff recommends denial of this conditional use permit. ' (17) Although the Traffic and'Transportation Manager does not support the parking waiver, the parking study does include the fdllowing findings in support of the waiver: "(a) That the waiver, under the conditions imposed, if any, will not cause fewer off-street parking spaces to be provided for such use than:. the number of such'spaces 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 project would contain a sufficient'supply of parking spaces to accommodate the church. by utilizing on-site parking (36 spaces) and agreed upon off-site parking (290 spaces). (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. Page 3 "Staff Report to the r Planning Commission January;l2, 2004 Item No: 7 The parking survey and the analysis for the project and adjoining buildings indicate that sufficient off-street parking (shaped parkirig agreements) is provided so that the adjacent publiCstreet parking would not be necessary. (c) That the waiver,Lnder 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 parking stutly has determined that the tenants of the adjacent private properties expressly provide agreement for the Way ofife Church to utilize their parking'spaces. Shared parking'on the adjacent properties is accommodated due to he fact that adjacent properties and the Way of Life Church' have different peak hours of parking demand. (d) That the waiver, under the conditions imposed,'if any, will not increase traffic congestion within the off-street parking areas dr lots provided for such use. The project will not cause jncreased traffic congestion within off-street parking areas of the site because an efficient system'of accommodating parking demand is used. The traffic director effectively guides traffic to off-site parking spaces thafsufficiently accommodate the parking: demand. (ef That the waiver,'under the conditionsimposed, it any, will not impede vehicular ingress to or egress from adjacentpropertiesnpon the'public streets in the immediate vicinity of theproposed use. The off-street parking spaces provided do not impede vehicle ingress or egress from the adjacent properties or'upon White Star Avenue adjacent to the project site." (18) As indicated in the attached memorandum from the Code Enforcement Division dated January 2, 2004, this application'is the result of a citizen requesffor serviceregarding?a church operating without a conditional use permit within an existing industrial building:r Although the request for service was received on Aprili2l, 2003, he petitioner indicated to staff that the church has been aYthis location for three(3) years.'The Commission sfiould note that although a business license was issued for the church on November 27,2000, the license does not authorize the church to operate without approval of a conditional use permit, The church was previously located at 5109%East La Palma Avenue (CUP 3595). FINDINGS: (19) Section 18.06.080 of the parking ordinance sets forth the following findings, which are required to tie made before a parking waiver is approved by the Commission: (a) That the waiver, under the conditions :imposed, if any, will not cause fewer off-street parking spaces to be provided for such use than the number of such'spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of uch use'and (b) That the waiver, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use; and (c) That the waiver, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the`proposed use; and Page 4 Staff Report to the ? Planning Cbmmission January 12, 2004 Item No. 7 (d) That the waiver, Under the conditions imposed, ifany, will not increase traffic congestion within the off-street parking areas orlots provided for such use; and (e) ; That the waiver, under the conditions imposed, if any, will not impede vehicular ingress i to or egress from adjacent properties'apon the public streets in the immediate vicinity of theproposed user Unless conditions to the contrary are expressly imposed upon the granting. of any waiver pursuant to this Section by the`Planning Commissiorcor City Council, the'granting of any (such waiver shall be deemed contingent upon operation of such use in conformance with the assumptions relating to the: operation and intensity of the use as contained in the rparking demand study that formed the basis for approval of said waiver. Exceeding; violating, intensifying or otherwise deviating from anypf said assumptions as contained in .the parkingjdemand study shalt be deemed a violation of the express conditions imposed ..upon said waiver which shall subject said waiver to termination'or modification pursuant to the provisions of Sections 18.03.091 and 18.03.092 of this Code. (20) Before the Commission grants any conditional use permit, it must make a finding of fact that the evidence presented shows hat all of the following conditions exist: (a) That the proposed use is properly one for which a conditional use permit is authorized by the zoning Code, or thaf said use is not listed therein as being a permitted use; (b) That the proposetl use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located; (c) That the size andshape of the site for the proposed use is adequate tb allow the full development of the proposed use in a'manner not detrimental to the particular area nor to the`peace, health, safety, and general welfare;:: (d) That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways'designed antl improved to carry the traffic in the area; and (e) That the granting'pf the conditional use permit under the conditions imposed, if any, will not be detrimental to the peace, healtfi, safety and general welfare'of the citizens of the City ofAnaheim. RECOMMENDATION: (21) Staff recommends that, unless additional or contrary information is received during the :hearing, and based'upon the evidence submitted to the Commission, including the evidence presented in this staff report, and oral and Written evidence presented at the public hearing, i the Commission take the folldwing actions: (a) By motion, approve the CEQA Negative Declaration. (b) By motion, denv the waiver pertaining to minimum number of parking spaces based on i the following: (i) That on-site parking would not be adequate to accommodate the number of members that may potentially attend Sunday services resulting in,fewer off street parking spaces being provided for such use than the number of spaces necessary to accommodate all vehicles attributable to§uch use under normal and foreseeable conditions of operation: Page 5 Staff Report to the ' Planning,Commission >January 12, 2004 item No 7 (ii) That Code does not permit the counting of on-street parking towards fulfilling Code- required parking for a'given project; moreover, this parking is located witfiinthe public right-of--way and may be eliminated at any timeas deemed'necessary by the Traffic Engineering Division (no on-street parking is currently allowed along the west side of White Star'Avenue). +Additionally, parking areas located onadjacent properties serve the property and Uses on which theyare located: These businesses located on`adjacent and surrounding properties can,. by right, gperate 24+hours peGday, seven (7) daysia week. At any time,'depending on the level of business activity, a company may'change their hours of operation or the number of ' workers they employ to,meet their company's needs.' Because these parking areas on adjacent properties may not always be available, these areasshould not be counted toward fulfilling Code-required parking for the church. Including these parking areas as part of the Code=requiredparking may create competition'for parking spaces upon adjacent private property. Further, some of the properties on the easterly ide of White Star Avenue are occupied by retail businesses that could operate on:Sundays. (iii) That the proposed timing of Sunday services may result in an overlap of church patron parking on andaround the'propertywith adjacent businesses, thereby increasing the potential for trafficcongestion'on and around adjacent industrial/commercial properties and streets:- (c) By resolution, denv this request for Conditional Use Permit(No. 2003-04811 to permit and retain a church withinan existing building based on the' following:::' (i) That the potential parking impactsassociated with the proposed church may adversely affect the atljoining industrial landuses 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 the church's congregation. (iii) That the granting of the'conditional use permit under the conditions imposed, would be detrimental to the peace, health, safetyand general'welfare of the citizens of the .City of Anaheim. THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS AN INTERDEPARTMENTAL COMMITTEEAND ARE RECOMMENDED FOR'ADOPTION BY THE PLANNING COMMISSION IN THE EVENT THAT THIS PERMIT ISAPPROVED. 1. That the hours of operation`for the church shall be limited to the following and as stipulated in the petitioner's letter of operation: Sunday Services - 10:00 a:m. -12:00 p.m. Wednesday Service - 7:30 p.m. -9100 p.m. Office hours -Wednesday through Friday from 9:30 a.m. to 4:00 p.m 2. That the chapel shall not be utilized concurrently with the auditorium/assemblyarea for church or other assembly services. 3. That the buses/vans utilized for church activities'shall not tie stored bn-site. 4, That there shal(tie no outdoor storage on site atany time. Page 6 `Staff Report to the Planning: Commission January 12, 2004 Item No. 7 5. That no portable signage shall be utilized to advertise the church. Further, that signage shall be limited to one (1 )`wall sigmas shown on Exhibit No. 3. Any additional signs shale be reviewed and approved by the Zoning Division. Any decision by staff maybe appealed to the Planning Commission as a "Reports'and Recommendations" item. 6. That no outdoor events shall be permitted. 7. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. 8. That the only accessory school activity shall be Sunday school and this facility shall not be used as a private daycare, nursery, elementary, junior andlor senior high school. 9. That the granting bf the parking waiver is contingent upon operation of the use in conformance with the assumptions and/or conclusions relating So the operation and' intensity of use as contained in the parking demand study hat formed the basis for approval of said waiver. Exceeding, violating, intensifying or othervise deviating from any of said assumptions and/or conclusions, as contained in the parking demand study, shall be deemed a violation of the' expressed conditions imposed upon said waiver which shall subject this to termination or modification pursuant to the'provisions of Sections 18.03.091 and 18:03.092 of the Anaheim Municipal Code. ` 10. That the property shall be permanently. maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti withintwenty-four (24) hours from time of occurrence. 11. That alicensed architect and/or engineer shall analyze the existing building conditions and; applicable codes for the proposed facility to ensure compliance with applicable Building and Safety Code requirements (i'.e. exiting requirements, occupancy load) as required by the Building Division. 12. That the property owner shall be required to implement appropriate non-structural Best Management Practices (BMPs) (these may be found online at www:cabbmpFiantlbooks.com). The selected BMPs shall be implemented and maintained o minimize the introduction of pollutants to the stormwate~'drainage system. 13. That the on-site landscaping and irrigation system shall be maintained in compliance with City standards. 14. That 3-foot high address numbers shall be displayed on the roof in a contrasting color to the roof material. The numbers sftall not be visible from the view of the street or'adjaceht and nearby properties. 15. That the legal owner of subject property shall prepare an unsubordinated covenant providing reciprocal parking for the properties in the immediate vicinity and as approved by the Traffic and Transportation Manager. 'Consideration shall only be given to those properties which satisfy their respective parking requirements for the use(s) on that particular property and which have a surplus of spaces to contribute towards the parking demantl for the church. Said covenant(s) shalt tie reviewed'and approved by the Traffic and Transportation Manager and`Zoning Division and ima form satisfactory to the Clty Attorney, hen recorded in the Office of the orange County Recorder. A copy of the recorded covenant(s); shall be submitted to the Zoning Division. 16, That the property: owner shall file an Emergency Listing Card; Form APD-281, with the Police Department, available at the Police Departmeht front counter. Page 7 '.`Staff Report to the Planning Commission January 12, 2004 :'.Item No>7 17. That subject property shaltbe maintained substantially in accordancewith plans and specifications submitted to'the City ofAnaheimi6y the petitioner and'which plans are on file with the Planning Department marked Exhibit Nos. 1 2 and 3 and as conditioned herein. 18. ' That at all times when off-site parking is being utilized by the church, parking attendants shall be employed to safely direct church patrons to available parking spaces: 19. ' That within a period of sixty (60) days',from the date of this4esolution, Condition Nos. 11, 12, 14, 15, 16 and 17, atiove-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..? 2Q 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 includeany actionor findings as to compliance orl approval of the request regarding any other applicable ordinance,?egulation otrequirement. :Page 8 ATTACHMENT - ITEP1 PJO 7 MEMORANDUM CITY OF ANAHEIM Code Enforcement Division DATE: JANUARY 2, 2004 TO: JOHN RAMIREZ, ASSISTANT PLANNER ~~ FROM: MATTHEW D. LETTERIELLO, CODE ENFORCEMENT OFFICER SUBJECT: NEW LIFE SOUND MIND MINISTRIES, INC. 2920 E. WHITE STAR AVE. ANAHEIM, CA CUP2003-04811 On April 21, 2003, Code Enforcement staff received a citizen's request for service in regards to an industrial building occupied by a construction company and also being used for a church on Wednesday nights and weekends. There was also some electrical panel concerns. I was familiar with the location from prior contacts and was aware that Lewis & Sons Construction (roofing company) occupied the location. On April 28, 2003, I went to the location to inspect the property. I found the building locked. The interior was visible and was set-up as a lobby. A bookrack was visible .and contained religious books. There were two large buses parked on the northwest side of the building that were identified at the roof line as," Way of Life Church." I reviewed Planning Department records and was unable to locate a Conditional Use Permit for the church. There was a business license for a church. On May 2, 2003, I returned to the location to inspect the property and found there were three of the same type church buses on the northwest side of the building and several large roofing trucks were stored on the west side of the property. The building was locked and there was no response when I rang the bell. On May 9, 2003, a check of Business License records revealed the license for Lewis & Sons had expired. I sent a Notice of Violation to the Bedrosians, the property owners of record, Mr. Lewis, the construction business owner and Mr. Lagore, the church pastor. The notice advised them of the violations that existed on the property which included a need for a Conditional Use Permit, improper storage of the construction trucks and the expired business license for the construction company. The notice advised them to immediately correct them. On May 21, 2003, apre-file (pre-2003-00047) was submitted for the church and the comments were retumed on June 19, 2003. A parking study was required. NEW LIFE SOUND MIND MINISTRIES, INC. 2920 E. WHITE STAR AVE. - -- PAGE 2 OF 2 Between May l6 and August 5, 2003, I worked with Mr. Lewis in removing all of the construction trucks and equipment from the location. The construction activity ceased at this location. As of November 4, 2003, the application for the CUP had not been submitted. I sent a Final Notice of Violation to the Bedrosians and to Mr. Lagore and Bette Mueller (church representatives) that advised them of the violations existing on the property. On November 18, 2003, the application for CUP2003-04811 was submitted. If I can be of any further assistance or if you have any questions, please telephone me at extension 4446. MDL 2920 a white star ave memo SP 94-1 (SC) DA 2 RCL 65-66-24 (29) 65-6fi-13 VAR 2878 SMALL INDUSTRIAL FIRMS -CATELLUS CORPORATE CENTER SP 94-1 (SC) DA 2 MANASSERO DANCE STUDIO SP 94-1 (SC) DA 2 RGL 65.66-24 (29) 65-66-13 CUP 3626 CUP 3010 VAR 4132 VAR 4104 VAR 2678 IND. OFFICE BLDG. SP pA12(SC) RCL 66-67-64 (14) ~~~ CUP301D VAR 4230 -VAR 2878 INDUSTRIAL BLDG. F r x ~ W x ~ SP 94-1 (SC) (SC) SP 9 ~ , r ~ DA 22 ~ RCL 65-66-24 (29) > y , SP 94-1 (SC) RCL 65-66- 24 (29) ~ , 65-66-13 DA 2 fib-66-13 O m r / ;l CUP 2003-04793 ~ RCL 66-67-64 (14) CUP 2922 W a ~, v r. ` ~r CUP 3010 ;,a r r GUP 3010 CUP 3752 ~ ' ~ ' x ~ ~ VAR 4133 ~ 4 VAR 2878 j ~ VAR 2876 r -- ' f VAR 4230 VAR 2878 Q r IND OFFICE BUILDING x '~ ADJ 0150 ~ "~ ~ ' ' ` INDUSTRIAL BLDG. SMALL INDUSTRIAL ~ ; x r ~. y x ~ FIRMS .: ,~. , , x ,.. ,. „:,. , " , , 547' LA PALMA AVENUE -' ~ ~ SP 94-1 (SC) P ~ ~~ ~ ~ DA 2 RCL 66-67-64 (10) SP 94-1 (SC) DA 2 ' c VAR 3287 '~Z '- tO RCL 66-674 (10) Y PS PUBLIC MTI LING ~ w ~¢ u n. STORAGE ALL PROPER TIES ARE IN THE (SC) (S( Conditional Use Permit No. 2003-04793 Requested By: CATELLUS FINANCE 1 LLC SP 94-1 (SC) SP 94.1 (SC) DA 2 DA 2 RCL 66.67b4 (10) RCL fib-67.64 (9) RCL 66-67.64 VAR 2323 RCL fib-67-64 SMALL INDUSTRIAL THE ORMAN FIRMS GRUBB CO. :ENIC CORIDOR OVERLAY) ZONE ;;: Subject Property Date: January 12, 2004 Scale: 1" = 200' Q.S. No. 172 A m REQUEST TO ESTABLISH A CHURCH WITHIN AN EXISTING OFFICE BUILDING WITH WAIVER OF MINIMUM NUMBER OF PARKING SPACES. 4905 East La Palma Avenue 1133(2004-1-5) I~~M N0. 8 Staff Report to the Planning Commission `January 12, 2004 Item No: 8 8a. CEQA NEGATIVE DECLARATION (Motion) 8b. :WAIVER OF CODE REQUIREMENT (Moticn) ;.. 8c. 'CONDITIONAL USE PERMIT NQ 2003-04793 (Resolutiori) SITE LOCATION AND DESCRIPTION: (1) This rectangularly-shaped, 6.37-acre property is located at the northeast corner of Manassero Street and La Palma Avenue, having frontages of 458 feet on the east side of Manassero Street and 547 feet on the north side of La Palma Avenue (4gO5 East La Palma Avenue). REQUEST: (2) The petitioner requests approval of a Conditional Use Permit under authority of Code Section 18110.070A50.0511 to establish a churcH'within an existing office building with waiverbf the following: SECTIONS'18.06.050.0266 'Minimum Number of parking spaces I5o8 required; 399 existing and proposed; and recommerided by the City Traffic and .Transportation Manager) BACKGROUND: (3) This property,is developed with ahoffice/research and development building'is zoned SP94-1; DA2 (Northeast Area Specific Plan -Expanded Industrial Area),'end is located within. the Alpha RedevelopmentProject Area. The Anaheim General Plan Land Use Element Map designates the site for General Industrial land uses and further designates all surrounding properties for General Industrial land uses. PREVIOUS ZONING ACTIONS: !` (4) Valiance No. 4133 (to permit a 153,680 square foot research and development building with waivers of: a) minimum number of parking spaces ahtl b) required number and size of loading spaces) wasapproved by the Planning Commission on July 11, 1991. ' (5) Conditional Use Permit No. 3010 (to permit industrially-related office uses in conjunction with a proposed industrial complex) was approved by the Planning Commission. on June 20, 1988. (6) Variance Na`2878 (waiver of requirement that all lots abut a public street, to establish'a 27-lot ML (SC) subdivision) was approved by the Planning Commission on November 22; 1980. DEVELOPMENT PROPOSAL: (7) The petitioner is requesting approval of a conditional use permit in order to establish a 19,426 square foot church in an existing 130,000 square footoffice builtling. (8) The floor plan (Exhibit Nos. 2 and 3) indicates that the church would not initially occupy the entire building. The first floor would contain'a 10,000 square foot anctuary backstage and rehearsal area, stage, prayer rooms and cry dooms, reception area and foyer, bookstore, and kitchenlcafeteria facilities. The first floor also contains'children's and junior high ministries, and other various ministries. A 31,000 square-foot storage area would be utilized in a future expansion for agymnasium apre-school facility. The second floor consists of administrative office and senior high ministries. s~so~slr Page 1 Staff Report to the Planning: Commission January 12, 2004 ltem No: 8 (9) Vehicular access is provided via bne (1) driveway on Manassero Street and two (2) driveways on La Palma Avenue.'Plans indicate a totatof 399 existing on-site parking'spaces for this property. Code requires 508 spaces based`the following: Use S uare3Feet Code Parkin Re uirement Parkin Re wired ?, Sanctuary (assembly) 10,000 s.f. 29 spacesper 1,000 square feet of assembly 290 area or 0.333 space per fixed seat whichever is greater, plus two-hundredths (.02)space per person for the maximum capacity figure of the 29 assembly area determined by the Fire c De artment: Administrative Office 14,065 s.f. 4 spades per 1,000 square feet 56 3 `Area 1~~ Fidor . Administrative Office 16,815 s.f. 4 spaces per 1,000 square feet 67.3 Area 2'~ Floor :Bookstore 3,000 s.f. 5.5 spaces per 1,000 square feet 16.5 Storage (Future 31,000 s.f. 1.55 spaces per 1,000 square feet 48.1 Ex ansion Area 'Accessary 40,120 s.f. None p Ministries/Backstage" 15~ Floor Adcessary Ministdes" 15,000 s.f. None p zne FIOOr TOTAL :130,000 508 s aces Note: Code does not requireany parkingfior theaccessory,Sunday.. school classrooms. (10) Photographs and staff inspections indicate the existing' building is an enhanced concrete tilt- up`design, painted white, with blue glass window entryway on the south elevation. No exterior modifications to the bujlding or landscaping'are proposed as part of this application. (11) No sign plans were submitted as part of this request. However, Code would permit wall sighage of up to ten percent of each building elevation: A single'monumenf sign for each street frontage would also be permitted with dimensions of 10 feet in width, 8 feet in height antl 65 square feet per face. (12) The petitioner has submitted the attached letter of operation and project description in the parking study that indicate three (3) Sunday,servicesheld at9:OO a.m., 1:1`.00 am. and 6:00 p.m. with approximately 350 adultcongregants per service. There would also be a mid-week bi61e study and fellowship held on Wednesdays at 7:00 p.m. withapproximately 200'adult cohgregants in attendance. Additionally, the administrative offices operate throughout the week with a maximum of fifteen (15) full time and five (5) part-time staff. The congregation has approximately 1,100 members and that with the exception of accessory Sunday school activities and bible stutly, no school or daycare uses are proposed at this time. The petitioner has indicated that the church is cohsidering a future expansion for a gymnasium and`pre- scttooi, however this expansion is'not part of this request. ENVIRONMENTAL IMPACT ANALYSIS: (13) Staff has reviewed the proposal and the Initial Study (a'copy of which is available for review in the Planning Department) and finds no significant environmental impact and, therefore; recommends that a Negative Declaration beapproved upon a firstling by the Planning'; Commission that the Negative Declaration reflects the independent judgment of the lead agency; and that it has considered the proposed Negative Declaration together with any comments received during theputilic review process and furtherflnding on the basis of the Initial Studyand any comments received that there is no substantial evidence that theproject will have a significant effect on the environment. Page 2 Staff Report to the Planning,Commission January 12, 2004 Item No: 8 GROWTH MANAGEMENT ELEMENTANALYSIS: (14) The proposed project has been reviewed byaffected City departments to determine whether it conforms with the City's; Growth Management Element adopted. by the City Council on March 17,:.1992. Based on City staff review of the proposed project, it has been determined that this project does not fit within the scope necessary to require a Growth Management Element analysis, therefore, no analysis has been performed. .EVALUATION: (15) Churches are permitted within Development Area No. 2 of the Northeast Area Specific Plan r subject to theiapprovaf of a conditional use permit. (16) The requested waiver pertains to minimum number of parking spaces. Code requires a minimum of508 parking spaces for this proposed church and other uses onthe property as described inf paragraph no. (9) of this report and 399 spaces areproposed. The petitioner has submitted a parking analysis prepared by Traffic Safety Engineers, Inc., dated September 17, :2003, to substantiate the requested parking waiver. The City Traffic and Transportation Manager has reviewed the parking analysis and has determined that the proposed parking is sufficient for the church:' Anv future expansion including gymnasium preschool and/ororivate school wouldreguire further parking analysis: (17) The parking analysis also indicates the following findings to justify he requested parking waiver: (a) "That the variance, under the conditions imposed, if any, will not cause fewer off-street parking spaces to be provided for such use than. the number of such;spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonable foreseeable conditions ofbperation of such use: The parking study indicates that the peak parking demand for off-street parking: spaces is substantially lower than the quantity provided for he proposed church and church office uses. (b)' That the variance, under the conditions imposed, if any, will not increase the demand or competition for parking spaces 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 church and church office peak parking demands. (c) That the variance, under the conditions imposed, if any, will not increase the demand or competition 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 variance, under the conditions imposed, if any, will not increase traffic'. congestion, within the off-street parking areas o~ lots provided for such use: Page 3 Staff Report to the Planning bommission January 12, 2004 ' Item No:B Traffic`and parking congestion will not occur because the supply of parking spaces for the project site is'anticipated to be only 54% occupied during the peak parking(demand periods (e)' That the variance, under the conditions imposed, if any, will not impede vehicular ingress tp or egress from adjacent properties upon the putilic streets' in the immediate vicinityof the proposed use: The proposed 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:' (18) Records indicate there are no current Code Enforcement violations pertaining to this property. (19) The Community Development Department has submitted the attached memorandum dated January 5;' 2004, indicating the proposed church is notconsistent with the goals of the Alpha Redevelopment ProjecfArea. This redevelopment area was established in'J973 and ' encompasses a 2,566-acre area, of which2;366 acresare industrial uses within the Northeast Area. Since'1973, the Agency has invested'more than';$100 million to correct infrastructure deficiencies as well as other infrastructure improvements that would facilitate the implementation of the Redevelopment Plan and of theNortheast Area Specific Plan (SP94-1 ). Because there are more: than 2,600 businesses in the area (including The Boeing Company, YKK, and Pacific Sunvvear), the City of Anaheim and the Anaheim: Redevelopment Agency are'implementing anew ignage and branding programin the Northeast Area, "The Canyon: Center for Advanced Technology." The site js also located withinthe Northeast Area,Specific Plan (SP94-1 ). The specific plan was established to create a Regional Industrial Center, whjch would provide fora wide variety of industrial and related uses, a range of services and commercial support facilities. The application of this plan was specifically intended to provide for'and to ensure the most appropriate use of the area, o create a harmonious relationship among land uses and to protect the health, safety and welfare of the community. Because the,proposedbhurch isilocated within the Northeast Area and within the 200-acre Catellus Corporate Center, and tiecause this existing;facility is perfectly suited for the program, goals of attracting high-wage/high tech corporate employers, and because the proposed church is not consistent with the goals and policies of the' Redevelopment Project area, the Community Development Departmeht does not support this request. (20) , `The propose`d` church`ao"mplie's w(fh all slteiievelopmeriE~nd zoning standards (wntti the exception-of parking) required~for properties~and uses within:the Northeast Nrea Specifje Plah. The petitionerrhas indicated (as jdentifled on Exhibit No,;,1 } that a large portionrof the facility tivould-nofbeimmediatety.improved"orused far-church.~relate~ activities:YThis area (approximately 31,000Sguare feet) would be',improued in conjunction ~with,afuture expansion, which~would irMClude,a'gymnasium and a gre-§chool. `Staff has"inoluded conditions of approve( requiring that at such"time as these improvemehts areproposed an'updated parking analysis besulimitted:fo staff to conjiinatior with the,conditiopaft~se permit;appiicatiori;ahd3haturltil such time; this area not be.used for assembly or.nther church related activities, except for" atorage.~ Because the proposed church complies with all site deyeloprnent and'zoriY~"g y standards (with`the exception of parking) required for,properfieeand uses,wit~iin,the Notheast Area Specific;Plan, staff recommen8s, aooroyal of this request. (21,) , Althotigh staff;rs recommending.approvai of.this'raquest, there'are some coicems corislsfent with those idenfified~by-Community Development,=that these types of.uses irighYnoYbe appropriately (ocateii~within~iniiustrial areasr: Because (tie Specifio~Plan has been, establjshed to develop and;niaintaih~a stable, diversified T'"ange of industries within=this area by encouraging the expansion of existing industry and discouraging uses other than industrial uses or uses closely related„to and supportive of mdustnal uses m areas designated orzoneii Page 4 .Staff Report to the Planning Commission January 12; 2004 Item No. 8! industrial. The proposed Zoning Code update would no onger allow the establishment of churches or assembly halls as conditionally permitted uses within any of the Development Areas, such aichange would limit the church from proposing modifications and/or expanding in the future. The establishment of uses overtime within the Northeast Area hat are not industrial/industrial-related has the potential of eroding the City's availability of prime industrial locations for newly emerging industrial/industrial-related'businesses that create employment _ opportunities within the City, The Commission may wish to further note that there have been conflicts with churches within industrial areas with regard to sensitivity to certain industrial uses. FINDINGSi (20) Section 18.06.080 of the parking ordinance sets forth the following findings, which are required to be made before a parking waiver,is approved by the Commission: (a) That the waiver, under the conditions imposed, if any, will not cause fewer off-street parking`spaces to be provided for such use than the number of such paces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation ofsuch use; and (b) That the waiver, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the ? proposed use; and (c) That the waiver, under the conditions imposed, if any, will not increase. the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of 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'use; and ' (e); That the waiver, under the conditions imposed, ifany, will not impede vehicular ingress to or egress from,adjacenfproperties'upon the public streets in the immediate vicinity of the proposed use: Unless'conditions to the contrary are expressly imposed upon the granting of any waiver pursuant to this Section by the Planning Commission or City Council, thei r granting of any such waiver shall be deemed contingent upon operation of such'use in conformance with the assumptions relating to the operation'and intensity of the use as contained in the parking demand study that formed the basis for approval of said. waiver; 6cceeding, violating, intensifying or otherwise deviating fromany of said. assumptions as contained in the parking demandstudy shall be deemed a violation of the express conditions imposed upon said waiver which shall subject'said waiver to termination or modification'pursuant to the provisions of Sections 18.03.091 and 18.03:092 of 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 proposed use is properly one`for which a conditional use permit is authorized by the Zoning Code, or that said use is not listed therein as being a permitted use; (b) That the proposed use will not adversely affect the adjoining land uses and the growth and developmenfof the area in which it is proposed to be located; Page 5 Staff Report to the - Planning Commission i January 12, 2004 Item No: 8 (c) That the size and'shape ofthe site for the proposed use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the'peace, health, safety,; and general welfare;: (d) That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry he traffic in the area; and (e} That the granting'of the conditional use permit under the conditions imposed, if any, will not tie detrimental to the peace, health, safety: and genera welfare bfShe citizens of the City of Anaheim. RECOMMENDATION: (22) 'Staff recommends that, unless additional or contrary information is received during the hearing, ahd basedvpon the evidence submitted to the Commission, including tfie avidence presented in this staff report, and oral and'written evidence presented atthe public hearing, the Commission take the following actions: (a) By motion, approve the CEQA Negative Declaration for this request. (b) By motion, a rove the waiver pertaining to minimum number of parking spaces based on the findings contained within the parking study submitted by the petitioner as described in paragraph nos; 16 and 17; of this report and that the City. Traffic and Transportation Manager upon review of said parking study has determined that there is f an adequate supply of parking spaces`for the church and other uses on the property, and based on the following: (i) That the waiver, under the conditions imposed, and based upon the conclusions contained in`the submitted parking demand'study, would not cause fewer off-street parking spaces to be provided for the church and other on-site businesses-' provided the church adheres tp the hours of operation as conditioned herein. (ii) That the waiver, underthe conditions imposed, would not increase the demand and competition for parking spaces upon the public streets and adjacentp~ivate property in the immediate vicinity of the proposed user. (iii) That the waiver, underthe conditions imposed, would not increase traffic congestion within the'off-street parking areas or lots provided forsuch use:: (iv) That the waiver, underthe conditions imposed, would not impede vehicular ingress to or egress`from adjacent properties, upon he public streets in the immediate vicinity of the proposed use. (e) :By:resoluti`on; a '"ove'this`~egitest'for Gondlfional Use Per'miflVo:"2003-0479$`(to , establish a church withiE,anextsting ~office/rgsearch anddevelopment bwltimg) based on therfnllo„„wing (i} 'That the proposed church would not adversely affect Elie adJoiniiig mdustriaf land uses and the,growth and dev_elopmertt,pf the area, m which it is.proposed tq be located ,and.,.: sn, . (n) ~,'fhat the size and shape`ofthe site:forthe-proposed use is adegiiete to allow the full de`velopment'of the`prpposed use in a manner not detrimental to t~i~ particular area norto thebeace„health; safety,, aPd general welfare antl Page 6 `Staff Report to the Planning,Commission `January 12, 2004 Item No. 8 (iii) 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;, and (iv) That the granting of the conditional use permit under the conditions imposed, would not be.detrimental to the peace, health, safety and general welfare of the citizens of the :City of Anaheim as the proposed church complies with all site.'development and zoning standards (with the exception of parking) required for properties and uses within the Northeast Area Specific;Plan. THE FOLLOWING CONDITIONS ARE SUBMITTED BYVARIOUS CITY'DEPARTMENTS ACTING AS AN INTERDEPARTMENTAL COMMITTEEANDARE RECOMMENDED FOR ADOPTION BY THE PLANNING COMMISSION IN THE EVENT THATTHIS PERMIT ISAPPROVED. 1. That the operation for the church shallibe limitedto the following and`as stipulated in the petitioner's Ietterof operation: Three (3) Sunday,Services - 9:00 a.m., 11:00 a.m. and 6:00 p.m. Wednesday Service - 7t00p.m. to 8:30 p.m. Administrative Office hours.-Monday hrough Thursday B00 a.m. to 4:00 p,m. ' 2. That there shall be no outdoor storage on site atany time. 3. That the area designated for future expansion (gymnasium'or pre-scfibol) shall not be utilized as an assembly hall'or meeting area for primary oraccessory'church activities (other than storage), 4. That no portable signage shall be utilized to advertise the church. Further, that signage sfiall be limited to one (1) wall sign as shown'on Exhibit No. 3. Any additional signs shall be reviewed and approved by the Commission as a "Reports and Recommendations"item. 5. That no outdoor events shall be permitted. 6. That no requiredparking area shall be fenced or`otherwise enclosed for outdoor storage uses. 7. That the only accessory school activity shall be Sunday school and this facility shall not be used as a private daycare, nursery, elementary, juniorand/or senior high school. 8. That at sucfi timeas any future expansion is proposed to include a gymnasium and/or preschool, or any other facilities, a revised parking study shall be submitted to the Traffic and Transportation Manger of review and approval and'consideration by the Planning Commission at a noticed public heaping. 9. That the adult congregation at any one time shall be limited to eleven' hundred (1,100) persons. If the number of congregates exceeds this number of members, at anyone time;. the petitioner shall then submit a parking management plan to theTraffic and Transportation Manager for review and ' approval, prior to'review and approval by the Planning Commission'at a noticed public hearing. 10. < That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance; removal of trash or debris, and removal of graffiti within twenty-four (24) hou~sfrom time of occurrence. 11. ; That plans prepared by a licensed architect and/or engineer shall be submitted to the Building Division for review and approval analyzing tfie existing building conditions and applicable codes for the proposed facility to ensure compliance with applicable Building. and Safety Code requirements (i.ei exiting requirements, occupancy load). Page 7 Staff Report to the Planning`Commission `'January 12, 2004 Item Nb 8 12. That the property owner shall be required to implement appropriate non-structural Best .' : Management Practices (BMPs) (these may be found online at wwwcabbmotiandbooks:com). The selected BMPs shall be implemented and maintained to miriimize the inhbduction of : " pollutants to the stormwater drainagesystem. 13. That the on-site landscaping and irrigation system shall be maintained in compliance witn`City standards. 14 That all existing water services shall conform to current Water Utility standards. Any existing water services that are not. approved by the Water Engineering Division for continued use shall be upgraded to current standards or abandoned bythe developer. If existing services are no longer needed, they shall be abandoned by the developer. 15. That 3-foot high address numbers shall be displayed on the roof in a contrasting color to the roof material. The numbers shall not be visible from the view'of the streeYor adjacent and nearby properties. Said information shall be`specificallyshnwn on plans submitted for Police Department, Community Services Division approval. 16. That subject property shall be maintained substantially in accordance`with plans and specifications submitted tp the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 12 and 3 and as conditioned herein. 1 Z - That prior to commencement of the activity authorized by this resolution, or within a period'of one (1) year from the date of this resolution, whichever occurs,first, Condition Nos.11, 14, 15 and 16, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted'n accordance with Section 18':03.090 of the Anaheim Municipal, Code. 18. That approval of this application constitutes approval of the proposed'requestonly to the extent that ifcomplieswith the Anaheim Municipal Zoning Codeand any other applicable City, State and Federal regulations. Approval does not include any action or findings'as to compliance or 4 approval of the request regarding any. other applicable ordinance, regulation or~equirement. Page 8 ATTACHPIENT - ITEM NO, 8 MEMORANDUM CITY OF ANAHEIM COMMUNITY DEVELOPMENT DEPARTMENT DATE: JANUARY 7. 2004 TO: JOHN RAMIREZ FROM: OB GORSON SUBJECT: CUP 2003-04793 -Proposed Church @ 4905 East La Palma The following provides background information in preparation for the Planning Commission's consideration on January 12, 2004 of Conditional Use Permit (CUP) No. 2003-04743, to permit a church in an existing high-image office building, with a proposed waiver for parking. BACKGROUND The subject property is located in Redevelopment Project Alpha. Alpha was adopted in 1973 by Ordinance 3190 and includes 2,566 acres, including 2,366 acres of primarily industrial uses in the Northeast Area. During the 1970's, the Northeast Area suffered from a variety of blighting influences and infrastructure deficiencies. Since 1973, the Agency has invested more than $100 million to correct infrastructure deficiencies including storm drainage facilities, limited sewer capacity, water delivery,. traffic and circulation improvements and other infrastructure improvements that would allow for the implementation of the Redevelopment Plan and Specific Plan 94-1. These infrastructure improvements were intended to allow for the total build _out of 29.3 million square feet of primarily industrial space that would employ over 65,000 employees.. This area is known as the industrial heartland of Orange County and is home to such notable employers as The Boeing Company, YKK, Pacific Sunwear, M-Flex Electronics, Printrak and B/E Aerospace.. In total, more than 2,600 businesses occupy approximately 25 million square feet of industrial space and employ more than 55,000 employees. The City of Anaheim and Anaheim Redevelopment Agency are implementing a new signage and branding program "The Canyon: Center for Advanced Technology". The current Land Use Element of the General Plan designates most of the Planning Area for general industrial uses, with small exceptions set aside for commercial, residential, and open space uses. The General Plan states that "...uses other than industrial uses or closely accessory to industrial will be discouraged within areas designated or zoned for industrial uses." F ~DOCS~ECONDE WMEMOS~EGM3C]oA.DOC Planning Commission Meeting -CUP 2003-04793 January 7, 2004 Page 2 This site is also located within Specific Plan 94-1 (Development Area 2 - Expanded Industrial Area). This Development Area is intended to provide increased opportunity for development of a mix of light industrial and corporate headquarters, research and development uses with essential support services at strategic locations. The Specific Plan was designed to meet the goals of the General Plan and Redevelopment Plan for Project Alpha. Goals include: • Improving the marketability of existing land uses; • Redeveloping and improving underutilized parcels; • Optimizing municipal revenues and sales from property taxes as well as redevelopment increment; • Generating sufficient revenues to fund essentialpublc improvements; • Establishing appropriate mechanisms to fund improvements; • Establishing the best mix of land uses based on long-range economic, planning and environmental considerations, and • Protecting and enhancing the integrity and desirability of industrial sites within the planned industrial areas of the community. It should be noted that the Agency would lose property tax ncremeht of over $100,000 per year. Removing the property from the tax roles will adversely impact the Agency's ability to implement the Redevelopment Plan. DISCUSSIOPI The proposed church use is not consistent with the Redevelopment Plan for. Redevelopment Project Alpha and could have negative impacts on the planned growth projections of the Redevelopment Plan, Specific Plan 94-1 and other current or future branding, image and/or marketing programs. In short, the proposed church use is not consistent with the intent of planning efforts for this. area that have been in place since 1973 nor is it consistent with the current signage and branding program goal to attract high-wage corporate employers and/or high-tech manufacturing jobs, especially since this existing facility is perfectly suited for the program goal. This high-image, 130,000 square foot facility (strategically located along the La Palma Corridor) is suitable for a major employer to employ several hundred high wage employees and this use would :meet the goals and stated objectives of the General Plan, Specific Plan and Redevelopment Plan for Redevelopment Project Alpha. Planning Commission Meeting -CUP 2003-04793 January 7, 2004 Page 3 Specific to this site, the Anaheim Redevelopment Agency (Agency) entered into an Owner Participation Agreement (OPA) with Catellus Development Corporation (Owner) on January 7, 1992. The purpose of the OPA is for the Agency to implement the Redevelopment Plan for Project Alpha by inducing the Owner to construct the 130,000 square foot research and development building, thereby increasing the property tax increment and increasing and maintaining business and employment opportunity within the Project Area. The Agency invested over $350,000 in the development. The OPA includes covenants, conditions and restrictions that included the Owner covenant to devote the Property only to those uses specified in the Redevelopment Plan and in the OPA (research and development). This covenant remains in effect through the duration of the Redevelopment Plan, which is July 19, 2008. In short, the proposed church use is not allowed under the terms of the OPA. RECOMMEIdDATIOtd Based on the above findings, stated objectives and contractual obligations of the owner, the Community Development Department does not support approval of CUP 2003-04793. If you have any questions regarding this matter, please do not hesitate to contact me at extension 4809. C: Lisa Stipkovich Brad Hobson Eduardo Hernandez David See F:\OOCS\ECONOEV\MEMOSHiGh13C30A.DOC (TEM N0. 9 RS-A-03,000 RCL 9811-99-11 ~ RCL 98A9-11 CL CUP 3466 RCL 63E6-11e 14) RCL 64-GS-75 RCL 98-99-11 VAR 18075 VAR Seto VAR 22785 CUP 1331 CHURCH CUP 377a V-2240 V-033 SCHOOL VAR 2296 MARKET V-033 PIZZA MALL SHOPS ORANGE COUNTY L/MITSI ORANGE AVENUE -- -- - ~- AN AHEIM CITYLIMIT S I I I I RCL 99AS-11 R 7 CL RCL 84435-78 N I ~ p 57-68 20 T-CUP 2000.04194 _ ~~ CL CUP 3744 CUP 1742 - I I ~ RM-1200 RCL 90-99-11 cuP2as1 RESTAURANT CL ~ I I I RCL 67-fi0.73 CUP 2169 RESTAURANT RCL 98-99-11 I I RCL 87~ee-73 VAR 1970 CUP 2073 H RCL 64-65-123 ]~ RS-5000 I VA RCL 91A2-t0 1970 65 DU CUP 1896 W RCLfia65-13 " I -vAR a1s21 SMALL < W RCL 59-fi0-70 ~ BDU I COMM. cL ~ IY 64-65-13 I - - SHOPS RCL90A9a1 I-..- COMM. SHOPS 1-.-I T SANWA RANK ~ RM-1200 cL -~> Y: RCL 67-68-73 cL 8 R 'RCL BdE61 RCL 9B-99.11 VAR 970 CUP 2003-04814 RCL 8485-08 CUP 109 65 DU ~i+DUP 6077 ; CUP 109 OFFICE ANG RETAIL = CL LVAR 3437 €ABKINQ ;~ r Y RCL 96-99-11 :, . CL .., cuP4on r r Q RCL 64-65-13 L - RCL 96-89 11 `£ VAR 3437 r ~ r ' m Q CUP 2251 CLEARBROOK LN RcL saes-46 PRDFes610NAL „ ,; ' -- CUP 1734 ? : CUP 290304874 ~~ ___OFFICE "~' .... ...... ....... .. ..,. yg 600' ~ m COMM. SHOPS CL RCL 98.99-11 RCL 64-65-08 ANAHEIM CITY LIMITS VACANT ORANGE COUNTY LIMITS ftCL 9BA9.11 R$-A-43,000 ftCLR-73-23 1 DU RCL R-]3A6 CL CUP 1648 RCL 98-99-11 CGP 1325 ACANt A R S-7200 RCL 72-73-23 RCL B 9- 11 1 DU EACH RCL 72-73-06 RCL CUP 1325 5-76-2 MOTEL FFIC NIOBE AVE ~ ~ CL RCL 69.70.26 RCL 9BA9-t 1 (A ~ RCL 9B-99.11 RCL 72-73-33 R$-7200 ~ d Z T-cuP 2002-04511 cUP 3287 B 1 DU EACH ~ T-CUP 2001-04344 CUP 2469 PARK NG OT Q ~ U MOTEL 8 RESTAURANT U ANAHEIM CITY LIMITS CL RCL 9e-99-11 ORANGE COUNTYLIMITS 1 RCL 5758.35 1 VAR 648 CUP 3159 I MED. oFFIGEs STONYBROOK DR :oar; Conditional Use Permit No. 2003-04814 Subject Property Date: January 12, 2004 Scale: 1" = 200' Requested 8y: CHURCH OF GOD EMANUEL PENTECOST Q.S. No. 34 REQUEST TO PERMIT A CHURCH WITHIN AN EXISTING OFFICE BUILDING WITH WAIVERS OF: (A) MINIMUM PARKING LOT LANDSCAPING (B) MINIMUM SETBACK FOR INSTITUTIONAL USES ADJACENT TO RESIDENTIAL ZONES. 631 South Brookhurst Street 1129(2003-12-30) :Staff Report to the Planning Commissioh January,l2, 2004 iltem No. 9' 9a. CEQA NEGATIVE DECLARATION 9b. '? WAIVER OF' CODE REQUIREMENT 9c. 'CONDITIONAL USE PERMITN0.2003=04814 (Motion for continuance) SITE LOCATION AND DESCRIPTION: - ' (1) This rectangularly-shaped, 1.6-acre property has a frontage of 118 feet pn the west side of Brookhursf Street, a maximum depth of 600 feet and'is Iocated:534 feet south of the centerline of Orange Avenue (631 South BrookhursfStreet-Orange Central Korean.' Church). REQUEST: (2) The petitioner requests approval of a conditional use permit under authority of Code Section '18.44.050:130 to permit a churc6'within an existing' office building waivers' of the following: (a) SECTION NOS. 18.04.042.020 - Minimum setbacks for institutional uses AND 18:44.063 adjacent to a residential zone' boundary: (15 feet,Tequired; 0 0 5 feeNproposed) (b) SECTION NOS. 18.04.060.050 - ` Minimum'parking lot landscaping. AND 18:44.066:030 `' (landscaped breakiper every' 10 spaces'in a row required; no landscaped;breaks proposed in the parking lot) 'BACKGROUND: (3) This property is'developed with a 32',325 square foot office building`and has been zoned`CL (Commercial, Limited) since 1965. This property is located in the West Anaheim Commercial Corridors Redevelopment Project Area and General Plan Land Use Elemenf Map designates this property for General Commercial land uses. (4) Staff recommends a 2-week continuance in order to advertise a parking wavier as part of this request. RECOMMENDATION: (5) Thaf the Commission, by motion, continue this7equest to the January 26, 2004, Planning Commission, to'advertise;a parking waiver. sr1136cw page 1 tTr~~ Mn to N w s-TIao !U EACH J O I I R5-7200 I Du EACH o ok 4~ RMd200 au x c0 56-5&2T KQ VAR 1552 v1~ rc o dDU EA _ v ~ n 1j LUP 31 w BRUCE AVE vqR 3r VAR ll ~ CHURL ul RS-7200 SLHO Q Z IOU EACH W K RS-'1200 5 t Du EACH DU EACH YALE AVENUE RM-300 RCL TT-ti VAR 30 RM-1200 -. -_ RS-7200 VAR 29 VAR 19 RCL 65bbttT PARCELI tOU EAC VAR 1296 RS-A-03,000 i : TO DU RCL 63b455 P>. =' CUP 2003-04916 i5 %L CUP 2001-04411 o xii] 1:' CUP 2001-04396 - t b RM~tx90t VAR 3166 ~o-sx NURSERY 15> :;: RM-1200 RM-1200 '2]x p RCL 6T-fiB-]9 RCL 6T4i&T9 ~p MANOR gM4299 RM-1200 N 3 V rvT CENTER qCL 55E6nT RCL 65b611T VAR 1973 ~ 56 DU CL 5657-01 65-5]-01 S6 0U ~$, :: W F CUP 1309 VAR 1796 se DU V 6 QW LINCOLN !~-- 66 OU W K O RV PARK t a W Bt ~ o R( F- n U n. L W UQ U ufii LL ~ CL CL Z~ CL ¢ CL a ai5 pjjp ¢ 56-57-01 56.57-01 C Z WU RCL 68b&56 W RCL 6B-6&50 RLL 6T4i&]9 Bav~ qa v~ o N.DaIE VAR not CUP 910 CUP 3fi90 ~ 2 RCL filb0--9 !' ~ CUP 2001-04407 APO= cws 6MA11 SHGPS PPiNG LTR RESTAURANT AUTO Y LUBE VAR 19]3 CUP 1063 vpgr . LIGDOR STGRE SMALL SHOPS CAR fn WASH O LINCOLN CENTER ~ YAR 1913 P[N 91 N LINCOLN CENTER 6Mpu 51 {e--2fi5'~-210'----~ LINCOLN VENUE ~ 1a132~ seT' -.{ cL II Rs-A- a 6LaMNPt cL SS-n-sd 4J,aaa cL ~ P[L aai. p o ~~ LUP J9D F CUP 29f9 ' RCL 65-6989 1 d154m9 ¢ 698bt 1 )8 m CVP J656 W MOTEL LOP 1942 9 cu94m cUPxm] 3 IEIM COP 129x <6 NPx<B O0 yY I RM-1200 ~ VAR 1012 W D ' VAfl 9955 INPL. VpR 2W] .i MJ019B O K` RM-1200 RCL 69-]650 - SMALL F LGMM MOTEL v 6u0p115f ~ M.H. 10MPLe Q Pppl( . N RCL TT-7&43 w rr ~ W ! Dgpfa RCL 63-64-02 TM,E SHOPS LL aQN=i VAR 2171 COURTYARD LL Z RS-A- RM-1200 °¢dZ{ 460U Raxfinsz W 43,000 RCL 565]-] RCL R6-RT-32 cuP x992 p ? PM-II90 (MHP) RCL 56-5T-62 Wfi22 ~ APTS Paves RQ `~bTLI 6- RCL 0586]9 CUP 2640 VAR 3654 T-CUP 2091 °" . _.. - VACANT d20U r N. VAR ]574 VAR 7BT 84J10 HARBOR VILLAGE °.w , ~ BM4xm vaR 591 RS-A-03,000 MHP SEVEN- ( 1 cup l9dJ INCpLN wN APARTMENTS qy ap ei Ra 565T.Si 6T Du RCL 6241326 ELEVEN MOTEL urn BMrz95 CUP 2033 B A K~ vnn oe~~ T A ILER CUP 35 a pgRK WESTERN SKIES MORILEHOME ESTATES RM4x09 _ R0. AT12d VAR 2225 19 pU d3,5U0 ...- ftM-1200 100 GL 5657. gSAi10091MHPt qCL OT-9BdJ MG fiILEHOME RS-A-03.000 RCL 966449 LUP ]059 PARK 'R54200 VAR]»2 VAR 1131 Carbon Creek Channel 1DU EACH SERENO PL Conditional Use Permit No. 2003-04816 Subject Property Date: January 12, 2004 Scale: Graphic Requested By: SOUTHERN CALIFORNIA EDISON Q.S. No. 19 REQUEST TO PERMIT RECREATIONAL VEHICLE STORAGE AND ACCESSORY OFFICES WITH WAIVERS OF: (A) MAXIMUM WALL HEIGHT (B) MINIMUM FRONT YARD SETBACK. Parcel 1:2721 West Lincoln Avenue and Parcel 2: 2720 West Lincoln Avenue ttai Staff Report to the Planning'Commission January 12, 2004 Item Na 10 10a. CEQA NEGATIVE DECLARATION 10b WAIVER OF CODE REQUIREMENT 10c.' CONDITIONAL USE PERMITNO. 2003-04816 (Motion for continuance) SITE LOCATION ANDbESCRIPTION: ; (i) Parcel 1: This rectangularly-shaped 4-acre parcel has a frontage 265 feet on the north'side of Lincoln Avenue, a depth of fi46 feet grid is located 210 feet west of the centerline of La Reina Circle (2721 West Lincoln Avenue). Parcel 2: This rectangularly-shaped 1.8-acre parcel has a frontage of 132 feet on the south side of Lincoln Avenue, a depth of 600 feet and is located 587 feet wesfof3he centerline of Stinson Street (2720 West Lincoln Avenue)?, REQUEST: (2) The petitioner requests approvalbf a conditional use permit under authority of Code Section 18.21.050.215 to permit a recreational vehicle storage,facility and accessory uses with 'waivers of the following: (a) SECTION NO: 18.03.043.101 ` Maximum fence height (3 feefpe~mittedj 8 feet proposed). (b) SECTION NO. 18:21.063.010 Minimum'front vard setback j (25 feet requiretl 8 to 20.5 feet proposed) BACKGROUND: (3) This properties are developed with Edison utility towers and a nursery are zoned RS-A-43,000 (Residential, Agricultural) and located in the West Anaheim Commercial Corridors Redevelopment Project Area. The General Plan Land Use Element Map designates the properties for General Commercial and Medium Density. Residentiat'land uses:: ' (4) The applicant has submitted the attached letter'dated January 6, 2004, requesting atwo-week continuance to submit revised landscape plans:. RECOMMENDATION: (5) That the Commission, bymotion, continue this`request to the January 26, 2004, Planning. Commission meeting. sr1139cw.doc `Page 1 ATTACHMENT -ITEM N0. 10 Mechanical D" Electtieal January 6, 2003 City of Anaheim Planning and Zoning Division 200 South Anaheim Blvd, Suite 162 Anaheim, CA 92805 Attention: Charity Wagner RE: Recreational Vehicle Storage Facility (Firststar RV Storage) CUP# 2003-04816 Dear Charity: We would like to request a two (2) week continuance from the proposed January 12, 2004 Planning Commission meeting to the scheduled January 26, 2004 Planning Commission meeting. This was a recommendation from the Planning Department so that the submitted landscape plans could be revised to reflect the suggestions of the Planning Department as mentioned in their e- mail letter dated 12/29/03. We appreciate your consideration and approval of this request and look forward to presenting our project on January 26, 2004. Please call our office if you have any questions. Sincerely, W. Clifford Ishii, f. NSPE cc: Don Rivers, Jon Cicchetti 5300 Orange Avenue Suite 221 Cypress, CA 90630 Phone (714) 236-0492 Fax (714) 236-0496 ITEM N0. 11 ai vn RS-A 4],000 56s]-B2 NP20B/ NPxs3 &IRGERS CL ML RCL ZW60WZ1 NP]BSx 50.553] (Res Pl M.le SAOC NP]01) NP1]00 Owlay2me) NP W00 PARKING RCLB66t-x5 LLIP x605 60-0]-]8 NP]008 00.01-i 1] NP]545 60.0416 NP]400 SSS0.1B NPt]1 s4ss3x v-ten T-CUPxW101]05 pLy~q~-tt T-CtIP2W2-0li9] ~0].B&20 T-NP 2WHN93 CIIP ]500 ~ I 1 NP2p01-0H3B (CVP ]d4]W) T-NP2Wi-0H21 ICUP ]0s0 T1 T-NP2Wt-0d]IS ML eC 0]-]6 VP x035T xcuPxW]-oazp3 ~uP n]sT - ao-et-tt] T-NP2W1-p4YR (CUP IT21 1 N PS~> LL P2W1-01]00 T- ICVP 246]TI NP N e RC 880932 tlIP xBaJ b'6 0AO6 2W1-WA9 T- LNP2W60490 ILUP ]]5 T7 CONTRACTOI . pIp ZOR. e40]A4 T{VPxWO-0Ix0.5 N-1U0) ENGIN9ER0N NPf]f RL0141J ypR ]Bt0 p4pOOR SNAP NEET SS5610 V-16Z] 6Y5543 PNAHEIN MARKETPUCE REOTAURANT CERRITOS AVENUE i D Z tt LlIP xOW-04011 NPxCp2-048i0 m RLL2WPOWD 0c ` ~ ey sn w el me) NP]7]6 NP315p W h NP 9>4 NP 1040 O C r m D ~1 ML CUP 2271 CUP 620 VAR 3444 5 VAR 316] 5 VACANT S ® °bG 9,LT ®®~R~,2 99y9 ®®q°L T~~~~~ ~~ ML 684i]-16 55 5fi-19 5x55-4z CUP 1627 V-2753 LEA9E ALL ANAHEIM BUSINESS PARK ML 6607ae 666-td fi661-11] SILOAN PUfiTIL9 ML fib-67-36 60.61-113 5x5542 HWJARO INDUSTRIES VAR 4356 VAR 3146 VAR 196i ML fi6fi7-3fi 6661-113 sass-42 VAR 2619 5 VJEVERHAUSER CO LUMBER WAREHOUSE ML ~ ;~ ;, sr:~ V\ CUP 1621 RCL 2060-00023 - f ~ \ \ CUP 166] (Res al IM m 6ASC 5iF ML ~ l \ \ VAR 2753 SMALLZND.) ~ ~ '„ 5455-02 NP mm646n- s ~ l` \ FlRMS ~~ VAR pSB ~^ VAR 3146 ~~ ~" ~ ! FIRM ~ NO ,~ , lG '. p C Mt VAOPRR ^ CUP 1627 ML ~ CUP 1647 1i VAR 2753 Z.1 C] O Z - - ~ o ~ O ML _ 5x5542 2 NPmm-pam<; S cup 2p00.p429d Y ~ Np ppppd~ p ~~ oo NIA t N ~-IF ER z CUP2pp0-04264 vacANr >j NPIDm04x04 s.MUINO/>c T-RCL 2 606a33 cup zppao4294 50 ER E jJ U1H sEM N RRMS < m cup2apo-on2s4 VACANT Fp15c i 1`I < 1R VACpµ +5w Z~ m o 5 Conditional Use Permit No. 2003-04817 Requested By: METROPOLITAN LIFE INSURANCE c!o SSR REALTY ADVISORS REQUEST TO PERMIT AN INDOOR SPORTS COMPLEX WITHIN AN EXISTING INDUSTRIAL BUILDING. 1500 South Anaheim Boulevard Subject Property Date: January 12, 2004 Scale: Graphic Q.S. No. 97 1132(20041-6) ITEM N0. 11 Staff Report to the Planning Commission January 2, 2004 Item Noll 11a. CEQA NEGATIVEbECLARATION (Motion) 11b: CONDITIONAL USE PERMIT N0. 2003-04817 (Resolution) SITE LOCATION AND DESCRIPTION:: (1) This irregularly-shaped 18.6-acre property;is located et the southeast comer of Cerritos Avenue and Anaheim Boulevard with frontages of 1;260 feet on the soutfi side of Cerritos Avenue and 530 feefon the east side of Anaheim Bdulevard (1500 South Anaheim Boulevard =American Sports Center). REQUEST: (2) The petitioner requests to permit an indoor sports complex within an existing industrial building untler authority of Code SectionNbs. 18.03:030 and 18.61.050'.360. - BACKGROUND: (3) This property is developed with two industrial buildings and is zoned ML (SABC) (Limited Industrial, South Anaheim Boulevard Overlay) and is'within the Commercial Industrial Redevelopment Project Area. The General Plan Land Use Mapdesignates this property, and surrounding properties to the north, south and west, for General Commercial land uses, The;property to the easB(across therrailroad tracks) is designated for General': Industrial land uses. (4) The following zoning actions pertain to this, property: (a) Variance No. 4356 (wavier of minimum structural and landscape setback,':. permitted encroachment within required setback, minimum parking lot landscaping and required improvement of`right-of-way to construct a 271,775 square fdof industrial building) was approved by the: Planning Commission on April 27, 1998. (b) Variance 3148 (waiver of maximum fence height to construct a' 15-foot high fence) was`approvedby the Planning Commission on May 19,'1980. (c) Variance No. 1961 (waiver of minimum required landscaped setback to permit a private parking lot) was approved by the Commission"on March25, 1968. DEVELOPMENT PROPOSAL: (5) This property is developed with two industrial buildings, 1500 South Anaheim Boulevard 'and 500 East Cerritos Avenue,'previouslyoccupied; by Alstyle Apparel. Tfie petitioner ;requests to convert a portion of 1500 Soutft Anaheim Boulevard:.(151,755"square feet) from .general industrial uses to American Sports Center, an indoor sports recreation/tournament 'facility. Theremaining portion (96,835 square feet) will be leased to an industrial user and Alstyle Apparel will remain at500 East Certitos Avenue. sr113t3cw Page 1 Staff Report to the Planning Commission January 12, 2004 item Np; 11 parking spaces. The Code doesnot specify a parking ratio forindoor recreation facilities; therefore, he office of Linscott, Law and Greenspan, Engineers prepared a Traffic Impact Analysis and Parking Study dated December 30, 2003. The study establishes an average vehicle ridership (AVR) based oh a tournament matrix listing all`'anticipated sporting activities and their respective participant and spectator arrival and departure times.' Based on this analysis, the study determined the peak parking demand to be 445 paces. The study has been reviewed and approved by the Traffic: and Transportation Manager. As jndicated tielow, the study indicates that the demand for the project is less that the proposed parking supply. Saidstudy concluded thafparking demand for the projectes follows: Location ~ : ~ ~~:~~ -- ~ Land~Use , ~-Size; : ~ ~.Code;required ' = ~ , Numtier of (Square Parking.Ratio spaces feet ~ ~ re wired ~~ 500 East Cerritos Industrial/Nlarehduse '271,775 - 1.55 spaces per 421 Avenue existin 1,000 s uare feet:: 1500 South Industrial/Warehouse 96,835 1.55 spaces per 150 Anaheim Bivd existin 1,000 s' uare feef 1500 South American Sports Center .151,755 c Established by ; 445 Anaheim Blvd ro osed Parkin Stud Total Parkin Re uirement 1,016 Total Parkin Provided 1,032 ~y ~ t Sr ~~'.. g ~4 G T ..J "-5'^.v. rF'+t cat:.. 6 h+3 , J~ ~~ ~! ~/ ~l y }v fY2 h ~^"f YI ~~ 4 ~ i»~3 f .~''~~'~~ '~. '^' rr "`~' "-rte,. `~``""r-e, , v f ~~~~ 4f ~~ L K ~ ~ f,yiv~.< /~cfV'. a' ~ F s ~ ~ .=tom f r y .. s' r z # f Ni`s. ~.U?..S 4 vs"' Y.Crirt ~`~ 5~ $ ~5'` ~ syfm ~' ~ S~ ~L~ ~.> x..~-Y~ 5.r= ~"~~s7'-~~~~~~ ..,µ r„ter Lw .v a~i'`" s'~.r":e, .', sss.'c~„ x ,'": ."{` ~. n ,.. x ~1 P'- ~~~~ .-.M ,. . , *~ ~. View of rooftop parking lot (total'of 653 spaces prpvtded) Page 3 Staff Report to the ' Planning Commission January 12, 2004 Item No. 11 (10) No elevation plans, lahdscape plans, or sign plans were submitted with this request: The applicantfias indicated that there will be no changes'to the exterior of the building (with the exceptionof a new wall sign in compliance with current code requirements) and that all andscaping will be maintained. i (11) The letter of operation indicates that the proposed indoor recreation facility, American Sports Center, will operate as year roundtraining and tournameht center for volleyball, basketball and futsal{indoor soccer). The center wilt be open Monday-Friday 4:00 p:m. to :10:00 p.mrand Saturday to Sunday 8:00 am. to S:OO p.m, The center anticipates weekday operationswill primarily invotveyouth and adult league basketball and volleyball practices. The weekend activity will consisFinainly of youth volleyball and basketball ournaments. The letter also indicates that American Sports Center will include ancillary'uses such as boxing, plyometric training, cheerleading, a retail area or "pro shop" and a break room. The letter indicates that there will be'seven employees and additional staff wih be hired as needed for arge tournaments and events: Lastly, the letter states that in addition to vending machines, catered footl will be provided viaan existing'~estauranflocated across Cerritos Avenue, The Yucatan Inn. All vending machines will located inside the building and no food will. be prepared on site.' ENVIRONMENTAL IMPACTANALYSIS: (12) Staff has reviewed the proposal and the Initial Study {a copy of which is available for review in the Planning Department) and finds no significant environmental impact!and, therefore, recommentls that a Negative Declaration be approved upon a finding by the Planning Commission that the Negative DeclarationYeflects the independentjudgment of the lead agency; and that it has considered the proposed Negative Declaration together with' any comments received during the public review processand further finding on the basis of the Initial Study'and any comments received that there is`ho substantial evidence that the project will Rave a significant effect on the environment. GROWTH MANAGEMENT ELEMENT ANALYSIS: (13) The proposed project has been reviewed by affected City departments to determine.'. whether it conforms with the City's Growth' Management Element adopted by the City Council on March 17, 1992. Based on City 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 Elemenfanalysis, herefore, no analysis: has been performed. EVALUATION: (14) Code permits indoor recreation facilities in the ML Zone subject to the approval of a conditional use permit: (15) The Commission may wish to note that staff has been'working with the applicant with regard to two site constraints involved with converting he existing industrial buildingrihto a regional tournament and training'center, access to parking spaces and building code% occupancy requirements. StafPs'concern with parking involves access to the rooftop;': parking spaces and the likelihood of American Sports Center patrons to park across street in`the parking lot for the Anaheim Indoor Market Place. Rooftop'parking is only accessible 'via a ramp off of Claudina Way. Patrons cannot access the vehicular ramp from Cerritos Page 4 Staff Repprt to the Planning' Commission January 12, 2004 :'item NoL11 and training facilities for teams and clubs throughoutOrange County, and`draw visitors to our locaf~esort amenities. Therefore, staff recommends approval of this request. FINDINGS: (18) Before the Planning Commission grants any conditional use permit, it must make a finding of fact that the evidence presented shows,that all of the following conditions exist: (a) That the propdsed 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;'i (ti) That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located; ' '; (c) Thafthe size and shape of the site for the proposed use is adequate to allow the full !; development df the proposed use in a manner not detrimental to the particular area ; I nor tb the peace, health,: safety, and general welfare; (d) Thaf the traffic'generated,by the proposed use will not impose an undue burden upon the streets and highways designed andimproved to carry thetraffic iri the area; and (e) Thatthe granting of the cdnditional use permitunder the conditions`imposed, if any, will not be detrimental to the peace,' health, safety and general welfare of the citizens of the City of Anaheim. RECOMMENDATION: (19) Staff recommends that, unless additional or contrary information is received during the meeting, and based upon the evidence submitted to the Commission, including the i` evidence presented irtthis staff report, and'oral and written evidence presented atthe public hearing, the Commission. take the following actions: (e) By motion, approve a CEQA Negative Declaration. (ti) By resolution, approve Conditional Use Permit tJo. 2003-04817 (to permit an indoor sportscomplex'within an existing industrial building) based on the following: (i) That the request to permit an indoor sports center is properly one for which a ''conditional use permit is authorized by the Zoning Code. (ii) That as conditioned herein, the proposed'sports center will not adversely affect the surrounding land uses nor the growth`and development of the area (iii) `That the size and shape of the'property is'adequate to allow the full tlevelopmenk of the'sports center in a manner not detrimental to the particular area nor to the peace, health,'safety, and genera welfare. Page 6 Staff Report to the !Planning .Commission January 12, 2004 Item No. 11 (iv) -That a Traffic Impact and Parking Study prepared by Linscott, Law and . 'Greenspah Engineers and dated December 30,'2003, indicated that on-site parking spaces would be adequate to serve the sports center and that said `study has been reviewed and;approved by the Traffic and Transportation Manager, (v) :That the granting of the conditional use permit to permit and indoor sports `center, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. s' THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS'CITY DEPARTMENTS ACTING AS AN INTERDEPARTMENTAL COMMITTEEIAND'ARE RECOMMENDED FOR ADOPTION BY THE PLANNING COMMISSION IN THEEVENTTHIS PERMIT ISAPPROVED. ; 1. That the hours of operation shall be limited from 4:00 p.m. to 10:00 p.m., Monday through Friday, and Saturday and Sunday,: 5:00 a,m.'to 8:00 p.m, as indicated by the'petitionec' 2. That there shall be no public telephones on the property that are located outside the building. 3. That plans shall be submitted to the Building Division demonstrating oompliance with all Building and Fire Code requirementspertaining to the change in occupancy. 4. That the proposal'shall comply with all'signing requirements of the MC, (SABC) Zone unless a variance allowing ign waivers is approved by the Planning',Commission. 5. That the developer shall submit evidence to the Public Works Department, Development Services Division, that the site is a legal parcel of record as defined by the Subdivision Map Act. If the site is not a legal parcel, the developer shall submit a Certificate of Compliance for review and i approval by the City Engineer. 6. That an amount to mitigate sewer impacts in the South Central Area shall be paid. 7. The property owner shall implement appropriate non-structural and structural Best Management Practices (BMPs)' as specified in the'O~ange County Drainage Area Management Plan (DAMP) Appendix G. TheselectediBMPs shall be implemented and maintained to minimize the introduction of pollutants from entering the City of Anaheimstorm water drainage system. 8. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonment of existing water services and fire Ines, shal(be coordinated through the Water Engineering Division of the Anaheim Public Utilities Department. 9. That all existing water services shall conform to current Water Utility Standards. Any existing water services that are not approved by Utility for continued. use shall+be upgraded to current standards, or abandoned by developer. If the existing services are nb longer needed, theyshall be abandoned by the developer. 10, That plans shall tie submitted to the City Traffic and Transportation Manager forhis review and approval showing conformance with the current version of Engineering Standard Plan Nos; 436, Page 7 Staff Report to the :.Planning Commission `January 12, 2004 !Item No. 11 601 and 602 pertaining to parking standards and'tlriveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 11. r That no required parking area shall be(fenced or otherwise enclosed for outdoor storage uses. 12 That bike racks shall be provided adjacent to the>sports center facility.'. 13. That during peak hours andspecial events, parking attendants shall tie on-site to direct overFlow traffic to the rooftop parking! of located atop 500 East Cerritos Avenue; accessed via Claudina Way, The TrafficTransportation Manager shall determine the numbefof attendants. 14. : That if required, the legal property owner shall dedicate to the City of Anaheim an easement along the property line (dimensions will vary) for public utility purposes.: 15. That any required relocation of City electrical utilities shall be at the expense of the property owner/developer: Landscape and/or hardscape screening of all pad-mounted equipmenYshall be required and shalt be outside the easement area'of the equipment. Said information shall`be specifically shown on plans'submitted for building. permits..: 16. That three-foot high address numbers shall be maintained and displayed on the roof in contrasting colors'to the roof materlai. 'The numbers shall not be visible from view of the street or adjacent properties. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval. 17. That the property owner shall submit a'letter requesting termination of Variance Nos. 3148 (waiverof maximum fence height to construct a 15-foot high fence) and 1961 (waiver of minimum required landscaped setback to permit; a private parking lot);to the Zoning Division. 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 Department marked Exhibit Nos. P 2 and 3 and as conditioned herein. 19. That prior to issuance of a building permit or within a period of one (1) year from the date of this resolution, whichever occursfirst, Condition Nos: 3, 5, 6, 9,':10, 14, 15,:16 and 17 above-mentioned, hail be complied with. Extensions for further timeto complete said conditions may be'granted i~`accordance with Section 18.03:090 of the Anaheim Municipal'Code. 20. That prior to final building and zoning inspections Condition' Nos. 12 and 18 above-mentioned, shall be compliedwith. 21. That approval of this application constitutes approval of the proposed request only to the extent that ifcompiies 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 requirements Page 8 ITEH N0. 12 W o Q CL ~ 1 DU EAC RCL 565]-59 RCL SG6]-59 Q CUP 1243 SMALL SHOPS VAR 293 SMALL SHOP$ BALL ROAD CL 'L 56-59-10 VAR 2685 CUP 1644 CL MED. RCL 62-fi3-73 OffIC CUP 2632 CUP 1984 CL RS-A-03,000 (MHP) RCL 62-63-28 CUP 763 VAR 1832 MOBILE HOME PARK `C CL RCL 6q-65-95 CUP 2)75 0 REST. ~ BEACH -BALL CL SHOPPING CENTER RCL 64-65-95 64-65-11 CUP 1363 d' j LI.I J CL i O :L 92-93-99 I ;L 6B-69-11 0] ' 2003-04815 ' :UP 3978 ~ _ 'UP 3608 (~ CUP 51 ~ Q UP 2625 ~ n 11 1 JAR 2001 EIR 312 1 I . m 621' ~ RCL 98 RCL 69L70-11 RCL 56- CUP 2536 CINDY'S I S.S.& FLOWER fOODMART a RCL 2003 RCL 62- 5]-50 T-CUP 200 T-CUP 200 cuPz cuP1 CUP: (RCL 50- SHOPF CENT ANAHEIM CITY LIMITS Conditional Use Permit No. 2003-04815 Subject Property Date: January 12, 2004 Scale: 1" = 200' Requested By: PICK YOUR PART Q:S. No. 11 REQUEST TO PERMIT AND CONSTRUCT A NEW AUTOMOBILE GLASS, STEREO AND ALARM SALES INSTALLATION BUILDING IN CONJUNCTION WITH AN EXISTING AUTOMOTIVE RECYCLING BUSINESS. 1235 South Beach Boulevard -Pick Your Part 1927 ZT ON W311 Staff Report to the Planning Commission January 12;2004 Item No. 12 12a. 'CEQA CATEGORICAL EXEMPTION -CLASS 1 (Motion) 12b. `CONDITIONAL USE PERMIT'NO'; 2003-04815 (Resolution) 'SITE LOCATION AND DESCRIPTION: (1) This rectangularly-shaped, 4,5-acre property has a frontage of 325 feet on the west side of .Beach Boulevard, a maximum`depth ofi621 feet and is located'330 feet south of the centerline of Ball Road (1235 Sbuth Beach Boulevard= Pick Your Part). REQUEST: (2) The petitioner requests approval of a conditional use permit under authority of Code Section 18.44.050.085 to permit and construct a new automobile glass; stereo and. alarm sales and ihstallation' building ih conjunctibn with an existing automotive'recycling business. BACKGROUND: (3) This property is developed with ah automotive recycling business, is zoned CL (Commercial, Limited)and is designated for General Commercial land uses on the Anaheim'General Plan Land Use Element Map. Thisiproperty is also located within the West Anaheim Commercial Corridors Redevelopmehf Project Area. (4) Surrounding General Plan land uses designations areas follows: Direction General Plan Designation North General Commercial East (across Beach'. Boulevard) General Commercial South City: of Stanton West City of Stanton PREVIOUS ZONING ACTIONS: (5) The following zoning actions pertain to this property: ? (a) Conditional Use Permit No. 51 (to operate a 40-unit mobile home park) was approved by the: City Council on November 10,:1959. (b) Variance No. 2001 (to permit an automobile agency (new and used) including all: incidental servicing. and to permit the continued operation of an existing auto salvage yard, used autos and auto parts, salesand storage) was approved by,the City Council on September 17,.1966. (c) Conditional Use Permit No. 2625 (to permit the expansion of an automotive dismantling ; and storage yard) was approved by the Planning Commission on October 1, 1984. sr8681av Page 1 Staff Report to the Planning Commission >January 12, 2004 Item No: 12 (d) Conditional Use Permit Nor 3608 (to permit an auto fluid drainage area and an outdoor storage. area in conjunction with an automotive dismantling'and recycling facility on the adjacent parcel to the soutfi (City of Stanton) with waiver of maximum fence height) was approved by the City Council on November 9, 1993, for five (5) years, On ' . August 31, 1998;'the permit was reinstated for ten (10) years to expire on November 9, 2008. " (e) Conditional Use Permit No.3978 (to construct a 2-story, 3,460 square foot building far automobile glass and stereo/alarm sales and installation and awalk-up restaurant with 200 square feet of outdoor dining) was approved by the Planning Commission on October 27, 1997: This entitlement was never exercised and has ezoired. DEVELOPMENTPROPOSAL: (6) The petitioner is proposing to construct a new automobile glass-; stereo and alarm sales and installation building in conjunction with an existing automotive recycling business. (7) The proposed automobile glass; stereo and alarm sales and installation building would be ocated within the existing parking lot at the south property lineadjacent td the 'Anaheim/Stanton border. The submitted site plarz (Exhibit No. 1) indicates the proposed building would be developed with the following structural and landscaped setbacks: Proposed Building/ Code-Required Code-Required Direction + landscape Setback ! Building ' Landscaped i Setback Setback 310 feet to building 10 feet;adjacent ' 10 feefadjacent, North 10 feet of landscaping ; to RM-3000 to RM-3000 0 feet adjacent to' 0 feet adjacent: (Cl_ to CL 180 feet tobuilding :East (adjacent to Beach 20 feet of landscaping ', 10 feet 10 feet Boulevard 'South none none none 350 feet to building West 10 feet of landsca in ' 10 feet 10 feet (8) The floor plan (Exhibit No. 2) indicates a 1',600 square foot building containing a glass shop, automotive stereo shop and showroom, offices and a restroom. (9) The elevation plan (Exhibit No. 2) indicates a 24-foot high stucco tan-colored buildirg with a file roof to match the existing buildings. The north elevation would include three roll-up bay doors for the glass shop and one roll-up bay door for the stereo installation shop. The main ehtrance for customers would tie at the center of the north elevation leading into the' showroom.:The north'elevationwould include a sign: with the company name and logo. Page 2 Staff Report to the Planning Commission January 12;.2004 Item No. 12 (10) Vehicular access is provided by two existing driveways adjacent o Beach Boulevard:. The - site plan indicates a total of 331 parking spaces, Code requires a minimum of 118 parking spaces based upon the following: Code•Regti~ed ` ' Use Square Feet Parking Ratio Code-Required Parkin 4 per1,000 s.f, of GFA Office ` 1950 7.8 1' per 2,500 s.f. of Outdoor Uses 261,360 outdoor area 104:5 3.5 per 1,000's.f. of Automotive Uses+? 11,600 GFA : 5.6 Total 118 Staff Report to the Planning Commission January'12, 2004 Item No. 12 percent ofeach building elevation and one maximum 10-foot wide by 8-foot high, 65 square foot double-faced monument sign for the entire property. (13) The submitted letter of operation indicates the proposed hours'of operation for the automobile glass, sterec and alarm sales and installation would be 7 a.m to 5 p.m:; daily in 'the winter and 7 a.m. 0 6 p.m. during daylight savings time. The letterfurther indicates the proposed building would include an automotive glass and installation shop with three bays and astereo/alarm shop with one bay, a showroom and restrooms. All installation would take place'jnside the;proposed building. ENVIRONMENTAL IMPACT ANALYSIS: (14) The Planning Director's authorized representative has determined that the proposed project falls within the definition of Categorica(Exemptions Section'15301, Class 1 (Existing Facilities},; as defined in the State CEQA (California Environmental Quality Act) Guidelines and is, therefore, categorically'exempffrom the preparation of further environmental °tlocumehtation. GROWTH MANAGEMENT ELEMENT ANALYSIS; (15) The proposed project has been'reviewed by affected City departments to'determine whether it conforms with the City's Growth Management Element adopted by the City Council on March 17,':1992. Based on City staff review of the proposed project, it has been c determined that this project does not fit within the scope necessary to require a Growth Management Element analysis; therefore,'no analysis has been performed. EVALUATION: (16) Code permits automobile glass,'stereo and alarm sales installation businesses in the CL 'Zone subject to approval of a conditional use permit' (17) A request to permit automobile glass, stereo and alarm sales and installation building and a walk-up restaurant with 200 square feet of outdoor dining was originally approved'at this location in October, 1997. At that time, Commission;approved'a 2-story, 3,460 square foot building. The request before the Commission today is less intense, and staff feels that the proposed use would not have a,hegative impact on the surrounding land uses basetl on the fact that the proposed automotive installation of windshields antl stereos would takeplace entirely indoors and not be visible from Beach Boulevard or the mobile home residents to the west. The use is also compatible to the surrounding retail uses to the`north ahd east and is compatible to the existing auto recycling business. (18) Staff has recommended specific. conditions of approval pertaining to window signage, landscaping, site maintenance and operation intended to preserve the peace, health; safety and general welfare of the citizens of the City of Anaheim. As conditioned, staff feels that the proposed automobile glass, stereo and alarm sales and installation business is '! appropriateat this location. (19) Staff inspections have confirmed that the property is currently being properly maintained 'and that the landscaping installed along Beach Boulevard is in compliance with Code. FINDINGS: (20) Before the Planning Commission grants any conditional use permit, it must make a finding of fact thafthe evidence presented shows`that all of the following conditions exist: Page 4 Staff Report. to the Planning Commission January 12;!2004 item No. 12 (a) That the proposed use is properly one for which a condikional use permit is authorized by the Zoning, Code, or that said use is not listed therein `as being, a; permitted use; (b) That the proposed use will not adversely affect the adjoining land uses and the growth and development'of the area in which it is proposed to be located; (c) That the size and shape of the site for the proposed use is adequate to allow the full development of the proposed use iri a manner not detrimental to the particular area nor to the peace, health, safety, and: general welfare; (d) Thaf the traffic generated,by the proposed use will not impose an undue burden upon. the streets and highways designed and improved to carry the traffic in the area; and (e) That the granting of the conditional use permit under the conditions'imposed, if any, will not be detrimental to the peace; health, safety and general welfare of the citizens of thee. City of Anaheim. RECOMMENDATION; (21) Staff recommends that, unless additional or contrary information is received during the meeting, and based upon the evidence submitted to the Commission, including the evidence presented in this staff report, and oral and written evidence presented at the public hearing, the Commission take the following actions; (a) By motion, determine that the project is Categorically Exempt under Section 15301, Class 1 (Existing Facilities) of the CEQA Guidelines. (b) By resolution, aoorove Conditional Use Permit No. 2003-04815 (to permit and construct anew automobile glass,rstereo and alarm sales and installation building in conjunction with an existing automotive recycling business), based on thel following: (i) That the proposed automobile glass, stereo and alarm sales and installation business is properly one for which a conditional use permit is authorized by the Zoning Code and as conditioned herein, complies with all the requirements set forth in the Zoning Gode. (ii) That the proposed business as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the site is surrounded' by other commercial businesses. (iii) ; That the size and shape of the site for the proposed automobile glass, stereo and alarm sales antl installation business is adequate to allow the full development of he proposed use in a mannernot detrimental to the particular area's peace, health, safety, and general welfare. (iv); That the granting of Conditional Use,Permit No: 2003-04815, as conditioned herein, would not be detrimental to the peace; health, safety and general welfare of the cjtizens of the City of Anaheim. ..Page 5 Staff Report to the Planning,Commission January 12, 2004 '' 'Item No. 12 THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS AN INTERDEPARTMENTALCOMMITTEEAND'ARE RECOMMENDED FOR ADOPTION BY THE PLANNING(COMMISSION 1N'THE EVENT THAT-THIS PERMITIS'APPROVED. 1. That window signage shallnot be permitted. 2. ' That the petitioner shall submit a final: sign plan for review and approval by Zoning Division staff. Any decision made by the Zoning Division regarding said plan may tie appealed to the Planning Commission as a Reports and Recommendation item, Said information shall tie specifically shown on plans submitted for building permits. 3. That prior to the operation of the business, a valid business license shall be obtained from the City of,Anaheim Business License tJivision. 4. ! That no required parking area shall be fenced or otherwise enclosed or used for outdoor storage uses. 5. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the current version of Engineering Standard Plan Nos. 436, 601 and 602 pertaining to parking standards and driveway'Iocations.=Subjecr property shall thereupon be developed and maintained in conformance with said plans. 6. ' That requests for special event permits authorized under Section 18.02.055 (Special Event Permits-General); of the Anaheim Municipal Code shall be limited to a total of four (4) per'year for the entire site. 7. That the property;shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from timeof:occurrence. 8. That any tree and/or landscaping planted on-site: shall be replaced in a timely manner in the event that it is removed damaged; diseased and/or dead. ; j 9. That customer parking spaces shall be striped and clearly marked for'."customer parking only", and at no time shall customer vehicles'. be stacked, double parked, or left standing in tandem in front of or adjacent to the buildings. 10. That the legal property owner shall provide the City of Anaheim with an easement to be determined as electrical design is completed fog electrical'service lines. Said easement shall be submitted to the Gity of Anaheim prior to connection of electrical service. 1 L ' That the water backflow equipment shall be located above ground, outside of the street setback area in a manner fully screened from all public streets. Any other large water system equipment shall be installed to the satisfaction of the WaterEngineering Division in either underground vaults or outside of the street setback area in a manner fully screenedfirom ail public streets and alleys. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Inspector before submittal. for building permits.' 12 That since this project has alandscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed and comply with City Ordinance Noi' 5349 and Chapten10.19 of Anaheim Municipal Code.: Said information shall be specifically shown on plans submitted for building permits: Page 6 :'Staff Report to the ' Planning Commission January'12, 2004 : Item No: 12 13. That the locations for future'above-ground utility,tlevices including, but not limited to, electrical transformers, water backfiow devices, gas, communications and cable devices etc., shalt be shown'on plans submitted for building permits. Plans shall`also identify the specific screening treatments of each device (i.e. landscape screening, color df walls, materials, identifiers, access points;etc.) and shall be subject to the review and approval of the appropriate'Citydapartments. 14. That any required. relocation of City electrical facilities shall be at the developer's expense: 15., That the propertybwner shall implement appropriate non-structural and structural Best Management Practices (BMPs) in order to minimize the introduction of pollutants to the storm water drainage system, A plan demonstrating compliance with the BMP's shall be submitted to the Public WorksDepartment, Development Services Division for review and approval. 16. ` That 4-foot high address numbers shall be displayed on the roof in a contrasting color to the roof material. The numbers shall not be visible from the view of the streef or adjacent properties, Said information shall be specificallysfiown on plans submitted for Police Department, Community Services Division approval. 17. = That there shall be no vehicle dismantling permitted on the premises.: 18, That no amplified sound systems shall. be utilized outside the building:: 19. That the hours of bperation'shall be limited to 7 a.m. to 6 p.m., daily. 20. ` That the parking Ibt serving the premises shall be equipped with lighting of sufficient power to illuminate and make easily tliscernible the appearance and bonducf of all persons on or'about the parking lot. Said lighting sfiall be directed, positioned and'shielded in'such a manner so as not to unreasonably illuminate thewindows of nearby residences. Said information sfiall be specifically shown'on plans submitted for building permits. 21, That the developer shall sutimit to the Public Works Department, Development Services Division a grading plan forreview and approval: Grading'shall conform to requirements of Chapter 17.06 of the Anaheim Municipal Code. 22. That subject property shall be developed and maintained substantially in accordance with plans and specifications submitted to the!City of Anaheim by the petitionedand whichf plans are on file with the Planning!Department marked Exhibit Nos.1 and 2; and as conditioned herein. 23. ` The legal property owner shall submit an application for a Subdivision`Map Act Certificate bf Compliance to the Public Works Department, Development Services Division,'A Certificate of Compliance or Conditional Certificate of Compliance shall be approved by the City Engineer and recorded in the. Office of the Orange Cdunty Recorder. 24. That an amount to mitigate sewer impacts in the Combined West Anaheim, Zone A Area shall be paid. The estimated cost to`mitigate the impact is $41/1,000 SF for commercial developments. 25. That aBurglary/Robbery Alarm permifapplication, Form APD-516 shall be completed and filed with the Police Departments 26." That an Emergency Listing Card, Form APD-281, shall be completed and filed with the Police Department. 27.' That the storage or overnight parking of vehicles; vehicle parts, orbusiness-related materials and all work on vehicles (including the washing of vehicles) shall be confined entirelyto tfie interior of Page 7 Staff Report to the Planning Commisstbn January 12, 2004 Item No: 12 the buildings. Absolutely no vehicular body work, painting br other business-related activities, or storage of vehicles, vehicle parts or materials shall be allowed in the front or rear yard areas, or on the:: roof of the buildings':: 28. That the property owner shall submit a letter requesting termination of Conditional Use Permit No. 3608 (to permit an auto fluid drainage area and an outdoor storage area in conjunctioh with an automotive dismantling'and recycling facility;on the adjacent parcel to the south (City'of Stanton) with waiver of maximum fence height) tb the Zoning Division. 29:' That prior to issuance of a building perrnit, or within one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 2, 5, 10,';11, 12, 13,.15, 16, 20 21, 23,:24, 25, 26 and 28, above-mentioned, shall be complied with. Extensions for further time to complete said conditions maybe granted in accordance with Section 18:03.090 ofthe Anaheim Municipal Code. 30: That prior to finalbuilding and zoning inspections, Condition Nos. 3 and 22, above mentioned, shall`be complied with. 31'c That approval of this application constitutes approval of the proposed request only to the extent that iE complies with the Anaheim Municipal Zoning Code: and any other applicable City, State and Federal regulations. Approval does not include any action' or findings as to compliance or approval of the'request regarding any;other applicable ordinance, regulation or'requirement. Page 8