PC 2004/01/26CITY OF ANAHEIM
PLANNING COMMISSION AGENDA
MONDAY, JANUARY 26, 2004
Council Chamber, City Hall
200 South Anaheim Boulevard, Anaheim, California
CHAIRPERSON: JAMES VANDERBILT-LINARES
COMMISSIONERS: GAIL EASTMAN, PAUL"BOSTWICK~ DAVID ROMERO,
GALL TO ORDER '`
PLANNING C(
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510N AFTERNOON
ACT, DUE PROCESS F
NEY'S OFFICE
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2EMENTS.AND NEXUS FINDINGS
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JANUARY-2fi, 2004 AGENDA
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PUBLIC HEARING ITEMS
ADJOURNMENT
H:\DOCS\CLERICAL\AGENDAS/012604.DOC tannin commission anaheim.net
01-26-04
Page 1
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RECONVENE TO PUBLIC HEARING AT 3:00 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-F on the Consent Calendar will be acted on by one roll call vote. There will be no
separate discussion of these items prior to the time of the voting on the motion unless members of the
Planning Commission, staff or the public request the item to be discussed and/or removed from the
Consent Calendar for separate action.
REPORTS AND RECOMMENDATIONS
A. (a) CEQA CATEGORICAL EXEMPTION -CLASS 1
(b) CONDITIONAL USE PERMIT NO. 2002-04596
(TRACKING NO. CUP2003-04820)
Claudia Cockren, Velocitel, 16071 Fitch Avenue, Suite 200, Irvine, CA
92614, .requests a retroactive extension of time to comply with
conditions of approval for apreviously-approved telecommunications
antenna with accessory ground-mounted equipment. Property is
located at 805 West Sycamore Street (VFW Hall No. 3173).
B. (a) CEQA EIR NO. 313 (PREVIOUSLY-CERTIFIED)
(b) CONDITIONAL USE PERMIT NO. 2002-04657
(TRACKING NO. CUP2003-04795)
Marshall Weinstein, 1530 South Harbor Boulevard, Anaheim, CA
92802, requests an extension of time to comply with conditions of
approval for apreviously-approved conversion and expansion of an
existing legal non-conforming retail building into asemi-enclosed fast
food restaurant with waivers. Property is,located at 1530 South
Harbor Boulevard (Carousel Inn and Suites).
C. (a)
(b)
Hossein Zandi, Caliber Motors, 5395 East La Palma Avenue,
Anaheim, CA 92807, requests review of final elevation plans to
construct a new automotive sales dealership. Property is located at
the northeast terminus of Via Cortez and south of the SR-91 (Riverside
Freeway) and north of Santa Ana Canyon Road (No Address -Caliber
Motors).
Project Planner:
(i o ra m i rez Co) a n a h e i m. n e t)
sr5077jr.doc
Q.S. 82
Project Planner:
(m n ew l a n d Co) a n a h e i m. n e t)
sr8690mn.doc
Q.S. 87
Project Planner:
(avazguez(o~anah ei m:n et)
sr8687av.doc
Q.S. 185
01-26-04
Page 2
D. (a) ENVIRONMENTAL IMPACT REPORT NO. 300 (PREVIOUSLY-
CERTIFIEDI
(b)
Nancy Patterson, 1049 Camino Del Mar, Suite 11, :Del Mar, CA 92014,
requests a determination of substantial conformance with a :previously-
approved final site plan and review of final site, floor, elevation and
landscape plans to construct a new restaurant. Property is located at
the southwest corner of Santa Ana Canyon Road and Festival Drive
(No Address -Islands Restaurant).
E. Receiving and approving the Minutes from the Planning Commission
Meeting of January 12, 2003. (Motion)
F. Receiving and approving supplemental detailed Minutes for Item No.
9, General Plan Amendment No. 2003-00415, Conditional Use
Permit No. 2003-04800 and Reclassification No. 2003-00113 from
the Planning Commission Meeting of pecember 15, 2003, scheduled
to be heard as a public hearing item before City Council on Tuesday,
February 10, 2004. (Motion)
Project Planner:
(avazg u ez(a~a na helm. n et)
sr8686av.doc
Q.S. 207
01-26-04
Page 3
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 F. 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 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.
Continued from the January 12, 2004, Planning Commission Meeting
CONDITIONAL USE PERMIT RESOLUTION NO.
3a. CEQA NEGATIVE DECLARATION (READVERTISED)
3b. WAIVER OF CODE REQUIREMENT
3c. CONDITIONAL USE'PERMIT N0. 2003-04814
OWNER: Church of God Emanuel Pentecost, 2222 East Nura
Avenue, Anaheim, CA 92606
AGENT: Steve Sheldon, 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
of: (a) minimum setback for institutional uses adjacent to residential
zones, (b) minimum parking lot landscaping, and (c) minimum number of
parking spaces.
Continued from the January 12, 2004, Planning Commission Meeting.
CONDITIONAL USE PERMIT RESOLUTION NO.
Project Planner:
(avazguez(g anaheim.net)
sr8680av.doc
Q,S. 15
Project Planner:
(cwaq n er(a) ana hei m. net)
sr1141cw.doc
Q.S. 34
01-26-04
Page 4
4a.
4b.
(TRACKING NO. CUP2003-04819)
OWNERS: Grimmway Development, 760 North Euclid Street, #207,
Anaheim, CA 92801
Glenoaks Business Center LLC, 1526 Brookhollow Drive,
Suite 82, Santa Ana, CA 92705
AGENT: Katie Munoz, Grimmway Management Company, 1526
Brookhollow Drive, Suite 82, Santa Ana, CA 92705
LOCATION: 760 North Euclid Street, Suites 211 through 213.
Property is approximately 1.6 acres, having a frontage of 10
feet on the east side of Euclid Street, located 380 feet
south of the centerline of Catalpa Drive (The Church of the
Rose).
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 January 22, 2004) to retain a church in an existing
commercial office building.
CONDITIONAL USE PERMIT RESOLUTION NO.
5a. CEQA NEGATIVE DECLARATION
5b. WAIVER OF CODE REQUIREMENT
Se. CONDITIONAL USE PERMIT NO. 2003-04806
OWNER: T.A.C.O. LLC, Dudley Frank, 1844 South Haster Street,
Anaheim, CA 92802
AGENT: Peter Collino, 3910 East Coronado, Building G, Anaheim,
CA 92807
LOCATION: 210 East Katella Avenue. Property is approximately 15.31
acres, located south and east of the southeast corner of
Katella Avenue and Haster Street (EI Cantarito Agua Pura).
Request to permit a fast food restaurant in connection with an existing
water store and juice bar within a legal nonconforming retail center with
waiver of minimum number of required parking spaces.
CONDTIONAL USE PERMIT RESOLUTION'NO.
Project Planner:
(avazc uez(o) a nahe i m. net)
sr8684av.doc
Q.S. 52
Project Planner:
(d herrick(c~a nahe rm. net)
sr8679dh.doc
Q.S. 98
01-26-04
Page 5
6a. CEQA NEGATIVE DECLARATION
6b. WAIVER OF CODE REQUIREMENT
6b. CONDITIONAL USE PERMIT NO. 2003.04816
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: 1721 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.
Request to permit recreational vehicle storage and accessory offices with
waivers of: (a) maximum wall height, and (b) minimum front yard setback.
Continued from the January 12, 2004, Planning Commission Meeting.
CONDITIONAL USE PERMIT RESOLUTION NO.
7a. CEQA NEGATIVE DECLARATION
7b. WAIVER OF CODE REQUIREMENT
7c. CONDITIONAL USE PERMIT NO. 2003-04808
OWNER: Sarkis Tatarian, 618 East Ball Road, Anaheim, CA 92805
AGENT: Chris Ketz, 5390 East 8`" Street, Long Beach, CA 90804
LOCATION: 618 East Ball Road. Property is approximately 0.88-acre,
having a frontage of 204 feet on the south side of Ball
Road, located 220 feet east of the centerline of Allec Street
(Audioland).
Request to retain an automobile audio system installation facility with
accessory retail sales with waiver of minimum number of required parking
spaces.
CONDITIONAL USE PERMIT RESOLUTION NO.
Request for
continuance to
February 9, 2004
Project Planner:
(cwaoner onanaheim.net)
sr1140cw.doc
Q.S. 19
Project Planner:
(i a rami rez(o~an ah a im. net)
sr5079jr.doc
Q.S. 96
01-26-04
Page 6
8a. CEQA NEGATIVE DECLARATION
8b. CONDITIONAL USE PERMIT NO. 2001-04430
(TRACKING NO. CUP2003-04821)
Sc. TENTATIVE PARCEL MAP NO. 2001-157
(TRACKING NO. SUBTPM2003-00010)
OWNER: Cu V. Nguyen, 7772 15~h Street, Westminster, CA 92683
AGENT: Ky Gia Dao, 7772 15~h Street, Westminster, CA 92683
LOCATION: 203 N. Coffman Street. Property is approximately 0.27-
acre, having a frontage of 61 feet on the west side of
Coffman Street, located 430 feet north of the centerline of
Center Street.
Request a retroactive extension of time to comply with conditions of
approval for aone-lot condominium subdivision to construct 3 detached
condominium residences with waivers of: a) maximum structural height
and b) required landscaped setback adjacent to asingle-family zone and
to re-establish aone-lot condominium subdivision to construct 3 detached
condominium residences.
CONDITIONAL USE PERMIT RESOLUTION NO.
Project Planner:
(jpra m i rezto7 anaheim. n et)
sr5078jr.doc
Q.S. 102
ADJOURN TO nAONDAY, FEBRUARY 9, 2004 AT 10:00 A.M. FOR
A WOR6(SHOP ON CHURCHES.
01-26-04
Page 7
CERTIFICATION OF POSTING
I hereby certify that a complete copy of this agenda was posted at:
~ o~ ~ OD D. Yy~ . ~llV\VC.t_Y`U ~z~ 200N
(TIME) (DATE)
LOCATION: COUNCIL CHAMBER DISPLAY CASE AND
~ /~~ COUNCIL DISPLAY KIOSK
SIGNED: _~?~u i~nt9~LLro
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.
01-26-04
Page 8
$C~-9E®~JLE
2004
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
01-26-04
Page 9
ITEM N0, 1-A
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Conditional Use Permit No. 2002-04596 Subject Property
x Y'
TRACKING NO. CUP2003-04820 Date: January 26, 2004
Scale: 1" = 200'
Requested By: CLAUDIA COCKREN Q.S. No. 82
REQUEST TO PERMIT A RETROACTIVE EXTENSION OF TIME TO COMPLY WITH CONDITIONS
OF APPROVAL FOR APREVIOUSLY-APPROVED TELECOMMUNICATIONS ANTENNA WITH
ACCESSORY GROUND-MOUNTED EQUIPMENT.
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805 West Sycamore Street -VFW Hall No. 3173 iiss
.~/ STRE~~
1'YliM 1VU., 1-H
ATTACHMENT --R&R 1-A
MEMORANDUM
CITY OF ANAHEIM
Code Ei forcemeat Division
DATE: DECEMBER 12, 2003
TO: JOHN RAMIREZ, ASSISTANT PLANNER
,~ ,-l~\ -
FROM: ISEN MARSH, CODE ENFORCEMENT OFFICER
SUBJECT: INSPECTION OF THE PROPERTY LOCATED AT 805 E. SYCAMORE ST.
CUP2002-04596, EXTENSION OF TIME OF CONDITIONS
TRACKING CASE NO:: CUP2003-04820
pn Thursday, December 12, 2003, I conducted an inspection of the property located at 805 E.
Sycamore St., Veteran's Hall. There is a request for an extension of time to comply with the
conditions of approval for a previously approved telecommunications antenna.
Currently there aze no open Code Enforcement cases at the cell site location. No
telecommunications antenna or equipment has been installed on the property.
Code Enforcement has received no complaints regazding a cell site at this location.
Please feel free to call me at ext. #4595 if I can be of further assistance.
_ __
m305 a sycamore s[
ATTACHiSENT - R&R 1-A
RESOLUTION NO. PC2002-145
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION _
THAT PETITION FOR CONDITIONAL USE PERMIT N0.2002-04596 BE GRANTED
FOR FIVE (5) YEARS, TO EXPIRE ON SEPTEMBER 23, 2007
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:
THAT PORTION OF VINEYARD LOT B1, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED
IN BOOK 4, PAGES 629 AND 630, DEEDS, RECORDS OF LOS ANGELES COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID VINEYARD LOT 61;
THENCE NORTHERLY 404.05 FEET ALONG THE WESTERLY LINE OF SAID
VINEYARD LOT B1 TO THE SOUTHERLY LINE OF THE NORTHERLY 10 ACRES
OF SAID VINEYARD LOT B1; THENCE EASTERLY 100.00 FEET PARALLEL WITH
THE NORTHERLY LINE OF SAID VINEYARD LOT B1; THENCE SOUTHERLY
404.12 FEET PARALLEL WITH SAID WESTERLY LINE TO THE SOUTHERLY LINE
OF SAID VINEYARD LOT 81; THENCE WESTERLY 100.00 FEET ALONG THE
SOUTHERLY LINE TO THE POINT OF BEGINNING.
EXCEPT THE SOUTHERLY 7.00 FEET THEREOF, AS GRANTED TO THE CITY OF
ANAHEIM FOR WIDENING SYCAMORE STREET.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on September 23, 2002 at 1:30 p.m., notice of said public hearing having been
duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code,
Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit and
to investigate and make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by
itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing,
does find and determine the following facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.61.050.460 to permit a telecommunications antenna and accessory
ground-mounted equipment with waiver of the following:
Section 18.61.063.020 - Minimum side yard setback adjacent to a residential zone.
(7 to 40-foot wide landscaped setback required between structures and
residential zoning;
none to 20-foot wide landscaped setback proposed between a 40-foot high
telecommunications antenna with accessory ground-mounted equipment
and RS-A-43,000 "Residential/Agricultural" zoning)
2. That the proposed use consists of a 40-foot high telecommunications facility disguised as
a 'flag pole' and a 124 sq.ft. concrete block equipment shelter located on property developed with a
Veterans of Foreign Wars meeting hall; and that the subject property is zoned ML (Limited Industrial)
with adjoining RS-A-43,000 (Residential/Agricultural) zoned property to the west.
3. That there are special circumstances applicable to the property consisting of its location
and surroundings, which do not apply to other identically zoned properties in the vicinity, because the
adjacent property, although zoned residentially, cannot reasonably be utilized for residences because it is
an active railroad right-of-way.
CR5470DM -1- PC2002-145
4. That strict application of the Zoning Code would deprive the property of privileges
enjoyed by other properties under identical zoning classification in the vicinity.
5. That the proposed use, as approved, will not adversely affect the adjoining land uses and--
the growth and development of the area in which it is proposed to be located.
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 because the proposal is an
unmanned facility with infrequent maintenance.
7. That granting this use permit for a telecommunications 'stealth' facility designed as a
flagpole with related ground-mounted equipment will not, under the conditions imposed, be detrimental to
the peace, health, safety and general welfare of the citizens of the City of Anaheim; and, further, that the
proposal will contribute to an essential and effective wireless communication network system.
8. That the size and shape of the site is adequate to allow full development of the proposed
use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare.
9. That no one indicated their presence at the public hearing in opposition to the proposal;
that one,person spoke at the hearing with questions pertaining 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 (Existing Facilities), as defined in the State of California Environmental
Impact Report ("EIR") Guidelines and is, therefore, categorically exempt from the requirement to prepare
an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are
/hereby found to be a necessary prerequisite to the proposed use of the subject property in order to
preserve the safety and general welfare of the Citizens of the City of Anaheim:
1. That the proposed telecommunications facility, consisting of one (1)'flagpole' with six (5) panel
antennas enclosed within the pole and accessory ground-mounted equipment, shall be permitted for
a period of five (5) years, to expire on September 23, 2007.
2. That the proposed telecommunications facility shall be limited to forty (40) feet in height wlth three
(3) sectors consisting of two (2) panel antennas per sector with maximum dimensions of four (4) feet
in length and eight (8) inches in width, and accessory ground-mounted equipment. The flagpole
shall be designed to allow the flag to fly freely. The monopole antennas shall be completely
enclosed within the proposed flagpole and shall not be visible to public view. No additional or
replacement antennas shall be permitted without the prior approval of the Planning Commission.
Said information shall be specifically shown on the plans submitted for building permits.
3. That the proposed flagpole shall be limited to the display of the United State flag and/or California
State flag with dimensions proportional to the height of the monopole. No signs, banners or any
other form of advertising or identification shall be attached to the proposed 'flagpole' structure.
4. That the base of the flagpole shall be up-lit to light the flag during hours of darkness, or the flag shall
be taken down each night. Said information shall be specifically shown on the plans submitted for
building permits.
5. That a decorative finial shall be added to the top of the flagpole to provide a realistic appearance.
Said information shall be specifically shown on the plans submitted for building permits
6. That the flagpole shall be constructed of permanent materials simulating an authentic flagpole. The
pole shall have a steel finish exterior and shall be maintained in good, clean condition. Said
information shall be specifically shown on the plans submitted for building permits.
-2- PC2002-145
7. That the flag proposed for the site shall be maintained in 'like new' condition. In the event that the
flag fades, rips, frays or otherwise deteriorates, it shall be replaced immediately with a new flag.
_...
8. That the ground-mounted equipment shall be located entirelywithin the designated 'leased' area of
the building; and that the cable connecting the 'flagpole' to the equipment shall be underground and
shall not be visible to the public view. Said information shall be specifically shown on the plarf5
submitted for building permits. -
9. That the trash storage area(s) shall be refurbished (including the trash enclosure gate) to the
satisfaction of the Public Works Department, Streets and Sanitation Division, to comply with
approved plans on file with said Department. Said information shall be specifically shown on the
plans submitted for building permits.
10. That the existing metal storage unit shall be removed and replaced with a new storage unit
constructed to match and be integrated with the proposed equipment shelter. Said information shall
be specifically shown on the plans submitted for building permits.
11. That a landscaping and irrigation plan for subject property shall be submitted to the Zoning Division
for review and approval. Said plan shall show five (5), minimum twenty four (24) inch box sized,
trees in the landscaped setback adjacent to Sycamore Street and refurbishment of the groundcover.
Any decision made by the Zoning Division regarding the landscaping and irrigation plan may be
appealed to the Planning Commission and/or City Council. Said information shall be specifically
included with the plans submitted for building permits
12. That as required by the Urban Forestry Division of the Community Services Department, turf and a
minimum of five (5), 24 (twenty four) inch box sized, Camphor trees shall be planted on maximum
twenty (20) foot centers in the parkway area along Sycamore Street, and appropriate irrigation
facilities shall be provided. Said information shall be specifically shown on the plans submitted for
building permits.
13. That after removal of the existing flagpole, a Cypress tree of comparable size to the existing Cypress
trees along the east building wall shall be planted in this location to maintain symmetry of the trees.
Said information shall be specifically shown on the plans submitted for building permits.
14. That any tree planted on-site shall be replaced In a timely manner in the event that it is removed,
damaged, diseased and/or dies.
15. That the landscaping shall be maintained in conformance with the approved exhibits; and that the
irrigation system shall be maintained in compliance with City standards.
16. That the entire equipment enclosure shall be constructed of solid decorative blocks with a height
sufficient to screen BTS units. The west and south wall faces of said enclosure shall be landscaped
with minimum five (5) gallon sized vines, and appropriate irrigation facilities shall be provided. Said
information shall be specifically shown on the plans submitted for building permits.
17. That the cable connecting the equipment shall be underground and shall not be visible to the public.
Said information shall be specifically shown on the plans submitted for building permits.
18. That the portion of the property being leased to the communication provider shall be permanently
maintained in an orderly fashion through the provision of regular landscaping maintenance, removal
of trash and debris, and removal of graffiti within twenty four (24) hours from time of occunence.
19. That the Operator shall ensure that this installation and choice of frequencies will not interfere with
the 800 MHz radio frequencies required by the City of Anaheim to provide adequate spectrum
capacity for Public Safety and related purposes.
_3_ PC2002-145
20. That at all times, other than during the twenty four (24) hour cure period provided in Condition No.
22, below, the Operator shall not prevent the City of Anaheim from having adequate spectrum
capacity on City's 800 MHz radio frequency.
21. That before activating this facility, the Operator shall submit to apost-installation test to the City to
confirm that the facility does not interfere with the City of Anaheim's Public Safety radio equipment.
This test will be conducted by the Communications Division pf the Orange County Sheriffs
Department or aDivision-approved contractor at the expense of Operator.
22. That the Operator shall provide a twenty four (24) hour telephone number to the Zoning Division (to
be forwarded to the Fire and Police Departments) to which interference problems may be reported;
and that all interference complaints shall be resolved within twenty four (24) hours.
23. That the Operator shall provide a "single point of contact" in its Engineering and Maintenance
Departments to ensure continuity on all tnterference issues. The name, telephone number, fax
number and a-mail address of that person(s) shall be provided to the City of Anaheim's designated
representative upon activation of the facility.
24. That the Operator shall ensure that all its contractors, sub-contractors or agents, and any other user
of the facility, shall comply with the terms and conditions of this conditional use permit.
25. That should this telecommunication facility be sold, the City of Anaheim Zoning Division shall be
notified within thirty (30) days of the close of escrow.
26. That all equipment, including supply cabinets and power meter, shall be installed on private property
and shall be screened from public view, as approved by the Zoning Division. Said information shall
be specifically shown on the plans submitted for building permits.
27. That the subject property shall be developed substantially in accordance with the plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the
Planning Department marked Exhibit Nos. 1, 2, 3 and 4, and as conditioned herein.
28. 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. 2, 4, 5, 6, 8, 9, 10, 11, 12, 13, 16, 17, 22, 23 and
26, 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.
29. That prior to final building and zoning inspections, Condition Nos. 3, 19, 21 and 27, above-
mentioned, shall be complied with. -
30. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal 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.
-4- PC2002-145
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
September 23, 2002.
ORIGINAL SIGNED BY PAUL BOSTWICIL """
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 September 23, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BRISTOL, EASTMAN, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONER: KOOS
ABSENT: COMMISSIONER: BOYDSTUN
IN W ITNESS W HEREOF, I have hereunto set my hand this day of
2002.
ORIGINAL SIGNED BY ELEANOR FERNANDES
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
_5_ PC2002-145
ITEM N0. 1-B
MANCHESTER AVENUE
RCL fib-W-81 (41)
CUP2ao1~05 SP 92-2
cuaulo RCL fib-67-61 4
()
VAR2D01-04446 PARKING CUP 3332
'
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S CAFE CUP 2001-04405
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~ Sp 92-2 RCL 66-67-61 (73)
W RCL 66-67-fit (104) CUP 438
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2002-04657 ~~~I
Conditlanal Use Permit No
.
x„^ Subject Property
TRACKING NO. CUP2003-04795 Date: January 26, 2004
Scale: 1" = 200'
Requested By: MARSHALL WEINSTEIN Q.S. No. 87
REQUEST FOR AN EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL
FOR APREVIOUSLY-APPROVED CONVERSION AND .EXPANSION OF AN EXISTING LEGAL
,
NON-CONFORMING RETAIL BUILDING INTO ASEMI-ENCLOSED FAST FOOD RESTAURANT
WITH WAIVERS.
1530 South Harbor Boulevard -Carousel Inn and Suites
11fi5
ATTACHMENT - R&R 1-B
CAR IiJSEL ANN & Si--':TES
....sw~_..dT.c c ~ 4u'_:u~,.n ,....~.;..~a`:>vzvu. e;;:;;.f.y .;v.v.ux4 ~,~;
October 14, 2003
City of Anaheim
G. Scott Koehm
Planning Department
200 South Anaheim Boulevard
PO Box 3222
Anaheim, CA 92803
RE: Conditional Use Permit No. 2002-04657
Dear Mr. Koehm:
Pursuant to your letter dated September 12, 2003 outlining the necessary steps to request
an extension of time in order for us to comply with the conditions of approval in the
above mentioned CUP, please accept this letter and check in the amount of $258 to cover
the necessazy filing fees as our formal request for an extension of time as listed in section
18.03.090 of the Anaheim Municipal Code.
I appreciate your consideration of this request and await your approval.
If there aze any questions I can be reached at 714-758-0444.
Sincerely,
Marshall Weinstein
General Manager
S` ~ "T
OC1' 200
pLANNIN6
DEPARTMENT
Phone: (714) 758-0-1=1-1 Fax: (714) 772-9960
1 X30 youth Harbor Boulevard, Anaheim, CA 92802
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T~UCUP 3939
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BALL PROPERTIES ARE IN THE SC (SCENIC CORRIDOR OVERLAY) ZONE
Conditional Use Permit No. 2003-04800 ~~, ~ Subject Property
TRACKING NO. CUP2p04-04827 Date: January 26, 2004
Scale: Graphic
Requested By: HOSSEIN ZANDI Q.S. No. 185
REQUESTS REVIEW OF FINAL ELEVATION PLANS TO CONSTRUCT A NEW
AUTOMOTIVE SALES DEALERSHIP.
No Address -Caliber Motors
0
1169
ITEM N0. 1-C
ATTAC?IMENT -ITEM N0. 1-C
RESOLUTION NO. PC2003-173
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-4800 BE GRANTED, IN PART
WHEREAS, the Anaheim City Planning Commission did receive a verified Petitign for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
PARCEL 2 IN THE CITY OF ANAHEIM, AS PER MAP RECORDED IN BOOK 225,
PAGES 20 THRU 22, 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 15, 2003 at 1:30 p.m., notice of said public hearing having been duly
given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter
18.03, to hear and consider evidence for and against said proposed conditional use permit 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
Sections 18.44.050.060, 18:84.061, 18.84.062.030.031 and 18.84.062.030.032 of the Anaheim Municipal
Code to wit: to construct an automotive sales dealership with accessory roof-mounted equipment with a
structural height greater than 35 feet (proposed 32-foot building plus 10-foot equipment enclosure totaling
42 feet) with the following waivers:
(a) Sections 18.05.091.020 - Maximum number of wall signs.
and 18.84.062.040 (1 wall sign per building unit permitted in the "CL(SC)"
Commercial, Limited -Scenic Corridor Overlay Zone;
3 wall signs proposed)
(b) Sections 18.44.062.010.011 - Maximum structural height adjacent to a single-family
and 18.84.062 residential zone.
(16-feet height permitted where located 32 feet from "RS-
5000(SC)" Residential, Single-Family-Scenic Corridor
Overlay zoning to the south; 32 feet proposed)
(c) Section 18.84.062.010.011 - Minimum structural setback adjacent to a freeway.
100 feet, fully landscaped, required adjacent to the SR
91IRiverside Freeway;
5 to 40 feet, fully landscaped, proposed)
(d) Section 18.84.062.010.014.0142 - Required landscape setback adjacent to an interior site
boundary line abutting a residential zone.
10 feet, fully landscaped., required adjacent to "RS-
5000(SC)" zoning to the south;
none to 10 feet, fully landscaped, proposed)
2. That the conditional uses are hereby approved in part as follows: the proposed
automotive sales dealership is approved but the proposed structural height (totaling 42 feet consisting of
a 32-foot high building plus a 10-foot high equipment enclosure) is approved in part to permit a maximum
overall height of 32 feet.
CR\PC2003-173.doc -1- PC2003-173
3. That waiver (a), maximum number of wall signs, is hereby approved because the __ ,,_
property has no visibility from surrounding pubic streets and, therefore., will rely on identification towards
the freeway; that the proposed wall signs face the freeway and will have no impact on adjacent and
surrounding residential properties; and that the proposed wall signs are smaller than would otherwise be
allowed by right and similar waivers have been granted for other commercial businesses in the vicinity.
4. That waiver (b), maximum structural height adjacent to asingle-family residential zone, is
hereby approved because there are special circumstances applicable to this property consisting of its
long, linear and narrow shape; and that the existing 15-foot wide sewer easement across the property
will provide an additional buffer since the easement restricts development of the underlying area and,
therefore, provides further protection to the residential neighborhood to the south.
5. That waiver (c), minimum structural setback adjacent to a freeway, is hereby approved
because there are special circumstances consisting of property's long, linear and narrow shape, which
restricts development of the property, and the existing flood control channels and 50-foot wide pipeline
easement, which further restrict development.
6. That waiver (d), required landscape setback adjacent to an interior site.boundary Tine
abutting a residential zone, is hereby approved based on the constraints imposed by the location of an
existing flood control channel at the south end of the property which limits placement of landscaping
abutting the residential zoning; and that the proposed landscaping to the north of the flood control
channel will act as a sufficient buffer for the residential neighborhood to the south.
7. That there are special circumstances applicable to the property consisting of its shape,
location and surroundings, which do not apply to other identically zoned properties in the vicinity.
8. That stricf application of the Zoning Code would deprive the property of privileges
enjoyed by other properties under identical zoning classification in the vicinity.
9. That the proposed use will not, under the conditions imposed, adversely affect the
adjoining land uses and the growth and development of the area in which it is proposed to be located
because the site design and location of the proposed building and the design and operational measures
incorporated into the project are such that the adjacent and nearby properties will not be negatively
affected.
10. 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; and that, with the exception of the approved waivers which are necessary
due to site constraints, the proposal complies with the provisions and standards set forth in the Zoning
Code.
11. That the traffic generated by the proposed use will not impose an undue burden on the
streets and highways designed and .improved to carry traffic in the area because the proposed business
operation will generate an average 200 daily trips which is less than the traffic that would be generated by
the previously-approved residential development for 22 single-family homes, which has not been
constructed.
12. That granting this conditional use permit, under the conditions imposed, will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim based
on the compatibility of the site design and business operation with the adjoining residential and
commercial land uses.
13. That three people spoke at the public hearing regarding the proposal (one representing
the Concerned Citizens of the Canyon).
'2- PC2003-173
14. That six people spoke at the public hearing in opposition to the proposal (one
representing the Anaheim Hills Citizen Coalition); that a petition with 661 signatures was received in
opposition; and that correspondence was received in opposition. ""
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to construct an automotive sales dealership with
accessory roof-mounted equipment with a structural height greater than 35 feet (proposed 32-foot
building plus 10-foot equipment enclosure) and with waivers of maximum number of wall signs, maximum
structural height adjacent to asingle-family residential zone, minimum structural setback adjacent to a
freeway and required landscape setback adjacent to an interior site boundary tine abutting a residential
zone on an irregularly-shaped 5.7-acre property located on the south side of the-SR-91/Riverside
Freeway at the northeast terminus of Via Cortez, having a frontage of 161 feet on the northeast terminus
of Via Cortez and a maximum depth of 1,370 feet, and being located 837 feet north of the centerline of
Santa Ana Canyon Road; and does hereby approve the Mitigated Negative Declaration, including
Mitigation Monitoring Plan No. 122 for the Caliber Motors Mercedes-Benz Sales Facility, upon finding that
the declaration reflects the independent judgment of the lead agency and that it has considered the
Mitigated Negative Declaration together with any comments received during the public review process
and further finding on the basis of the initial study and any comments received that there is no substantial
evidence that the project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, in part, upon the following conditions which
are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to
preserve the safety and general welfare of the Citizens of the City of Anaheim:
1. That the property owner/developer shall be responsible for compliance with all the mitigation
measures set forth in Mitigation Monitoring Plan No. 122 created specifically for this project, and for
complying with the monitoring and reporting requirements established by the City in compliance with
Section 21081.6 of the Public Resources Code. Furthermore, the property owner/developer shall be
responsible for any direct costs associated with the monitoring and reporting requirements to ensure
implementation of the mitigation measures identified in Mitigation Monitoring Plan No. 122, which are
made a part of these conditions of approval by reference.
2. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor
use.
3. That outdoor special events shall be subject to review and approval by Zoning Division staff and
shall be conducted in a manner that will not adversely affect the adjoining residential land uses. Any
decision made by the Zoning Division regarding such an event may be appealed to the Planning
Commission or City Council as a 'Reports and Recommendations' item.
4. That only light vehicle preparation shall be permitted; and that no repair or maintenance work shall
be permitted.
5. That all roof and/orground-mounted equipment shall be contained within an acoustical enclosure
and shall be completely screened from visibility to surrounding properties, streets and the SR-
91/Riverside Freeway in conformance with subsection 18.84.062.030.032 of Section 18.84.062 of
the Anaheim Municipal Code (pertaining to development standards for roof-mounted equipment in
the "(SC)" Scenic Corridor Zone Overlay). Said information shall be specifically shown on the plans
submitted for building permits.
6. That a plan for test driving new vehicles at this site shall be submitted to the City Traffic and
Transportation Manager for review and approval. Said plan shall incorporate atest-driving route that
does not include any residential streets, and the plan shall be implemented continuously during the
course of the operations permitted under this Conditional Use Permit.
7. That vehicles shall not be delivered by automotive transport trucks. All inventory shall be
independently delivered to this site (i.e., each vehicle shall be individually driven to this site).
_g_ PC2003-173
8. That the petitioner shall submit a Final Sign Plan to the Zoning Division for review and approval.
Said plan shall show no signage on the vehicle preparation building. Any decision made by the
Zoning Division regarding the Final Sign Plan may be appealed to the Planning Commission or City
Council. Said information shall be specifically shown on the plans submitted for building permits.
9. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty
four (24) hours from time of occurrence.
10. That a Final Landscape and Fencing Plan for the entire site, specifying type, size and location of
proposed landscaping, irrigation and fencing, shall be submitted to the Zoning Division for review
and approval. Any decision made by the Zoning Division may be appealed to the Planning
Commission or City Council. Said information shall be specifically shown on the plans submitted for
building permits. Said plan shall include landscape screening for the north side of the vehicle
preparation building to eliminate graffiti opportunities.
11. 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 dies.
12. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file
with said Department. Said storage area(s) shall be designed, located and screened so as not to be
readily identifiable from adjacent streets or highways. The walls of the storage area(s) shall be
protected from graffiti opportunities by the use of plants such as minimum one (1) gallon sized
clinging vines planted on maximum three (3) foot centers or tall shrubbery. Said information shall be
specifically shown on the plans submitted for building permits.
13. 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.
14. That the water backfldw equipment shall be above ground and located outside the required street
setback area, and fully screened from all public streets. Any other large water system equipment
shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or
outside the required street setback area in a manner fully screened from all public streets. Said
information shall be specifically shown on plans submitted to the Water Engineering and Cross
Connection :Inspector for review and approval
15. That because this project has landscaping areas exceeding two thousand five hundred (2,500)
square feet, a separate irrigation meter shall be installed in compliance with Chapter 10.19
(Landscape Water Efficiency) of Anaheim Municipal Code and Ordinance No. 5349. Said
information shall be specifically shown on the plans submitted for building permits.
16. That the accessory car wash building shall comply with all state laws and local ordinances for Water
Conservation Measures.
17. That the developer/owner shall submit a set of improvement plans to the Public Utilities Water
Engineering Division for review and approval to determine the conditipns necessary for providing
water service to the project.
18. That an on-site trash truck turn-around area shall be provided in accordance with Engineering
Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets
and Sanitation Division. Said turn-around area shall be specifically shown on the plans submitted for
building permits.
19. That gates shall not be 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 i-eview and approval by the City Traffic and
Transportation Manager.
20. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval
showing conformance with the current versions of Engineering Standard Plan Nos. 436, 601 and
~' PC2003-173
602 pertaining to parking standards and driveway locations. Subject property shall thereupon be
developed and maintained in conformance with said approved plans.
21. That the developer shall submit a grading plan to the Public Works Department, Development
Services Division, for review and approval. Grading shall conform to the requirements of Chapter
17.06 (Grading, Excavations and Fills in Hillside Areas) of the Anaheim Municipal Code.
22. (a) That the developer shall submit street improvement plans for the intersection of Via Cortez and
the driveway to the commercial center on the west side of Via Cortez to the Public Works
Department, Development Services Division, for review and approval
(b) That said street improvements, as approved, shall be installed prior to final zoning and building
inspections.
23. That the legal property owner shall prepare a Water Quality Management Plan ("WQMP")
specifically identifying the best management practices that will be used on-site to control predictable
pollutants from storm water runoff. The WQMP shall be submitted to the Public Works Department,
Development Services Division, for review and approval prior to obtaining a grading permit.
24. That the locations for future above-ground utility devices including, but not limited to, electrical
transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown
on the plans submitted for building permits. Such plans shall also identify the specific screening
treatment of each device (i.e., landscape screening, color of walls, materials, identifiers, access
points, etc.) and shall be subject to review and approval by the appropriate City departments.
25. That prior to submittal of the water improvement plans, the developer/owner shall submit a water
system master plan, including a hydraulic distribution network analysis, to the Public Utilities Water
Engineering Division for review and approval. The master plan shall demonstrate the adequacy of
the proposed on-site water system to meet the project's water demands and fire protection
requirements.
26. That prior to application for water meters or fire lines or submitting the water improvement plans for
approval, the developer/owner shall submit an estimate of the maximum fire flow rate and the
average day, maximum day and peak hour water demands for this project to the Public Utilities
Department, Water Engineering Division. This information will be used to determine the adequacy of
the existing water system to provide for the estimated water demands. Any off-site water system
improvements required to serve the project shall be installed in accordance with Rule No. 15A.6 of
the Water Utility Rates, Rules, and Regulations.
27. That the legal property owner shall provide the City of Anaheim with an easement for electrical
service lines to be determined as electrical design is completed. Said easement shall be submitted
to the City of Anaheim prior to connection of electrical service.
28. That any required relocation of City electrical facilities shall be at the developer's expense..
Landscape andlor hardscape screening of all pad-mounted equipment shall be required and shall be
shown on the plans submitted for building permits.
29. That four (4) foot high street address numbers shall be displayed on the roof of the building in a
contrasting color to the roof material. The numbers shall not be visible to adjacent streets or
properties. Said information shall be specifically shown on plans submitted to the Police
Department, Community Services Division, for review and approval.. ,
30. That prior to commencement of business at this location or prior to occupancy of the building,
whichever occurs first, the applicant shall file an Emergency Listing Card, Form APD-281, with the
Anaheim Police Department.
31. That prior to commencement of any construction, all necessary permits required by the State of
California shall be obtained to develop over the flood control channels.
32. That any lighting adjacent to the south property line shall be arranged and directed so as to reflect
the light away from the adjoining residential properties, and shall not exceed a height of twelve (12)
feet; provided, however, that the lighting adjacent to the freeway may be increased to a height not to
-5- PC2003-173
exceed eighteen {18) feet if said height increase has the same lighting affect on the adjoining
residential properties to the south as twelve (12) foot high light standards would have. Said
information shall be specifically shown on the plans submitted for building permits.
33. That plans showing enhanced paving at the entry to the property at Via Cortez shall be submitted to
the Zoning Division for review and approval. Any decision made by the Zoning Division regarding
such plan may be appealed to the Planning Commission or City Council. Said information shall be
specifically shown on the plans submitted for building permits.
34. That the design and :placement of any proposed security bollards shall be submitted tp the Zoning
Division for review and approval. Any decision made by the Zoning Division regarding such plan
may be appealed to the Planning Commission or City Council. Said information shall be specifically
shown on the plans submitted for building permits.
35. That a plan showing the method(s) for preventing light from inside the main building from shining
onto residential lots to the south shall be submitted to the Zoning Division for review and approval,
Any decision made by the Zoning Division regarding said plan may be appealed to the Planning
Commission or City Council. Said information shall be specifically shown on the plans submitted for
building permits.
36. That a plan showing the design and placement of the security kiosk shall be submitted to the Zoning
Division for review and approval. Any decision made by the Zoning Division regarding said plan may
be appealed to the Planning Commission or City Council. Said information shall be specifically
shown on the plans submitted for building permits.
37. That the daily hours of operation shall be limited to lam to 9 pm, as stipulated by the petitioner.
38. That no loud speakers shall be permitted.
39. That no off-site signage shall be permitted.
40. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be
fully screened by architectural devices and/or appropriate building materials; and that such
information shall tie specifically shown on the plans submitted for building permits.
41. That the approval of this Conditional Use Permit is granted subject to adoption of General Plan
Amendment No. 2003-00415 and finalization of Reclassification No. 2003-00113.
42. 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 10, and as conditioned herein, including that the
maximum structural height shall be thirty two (32) feet.
43. 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. 5, 6, 8, 10, 12, 13, 14, 15, 17, i6, 19, 20, 21,
22(a), 23, 24, 25, 26, 27, 28, 29, 31, 32, 33, 34, 35, 36, 40, 41, 46 and 47(a), herein-mentioned, shall
be complied with. Extensions for further time to complete said conditions may be granted in
accordance with Section 18.03.090 (Time Limit for Amendments, Conditional Use Permits,
Administrative Use Permits, Variances and Administrative Adjustments) of the Anaheim Municipal
Code.
44. That prior to final building and zoning inspections, Condition Nos. 22(b) and 42, above-mentioned,
shall be complied with.
45. 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.
46. That final elevation plans, which incorporate the suggestions made by the Planning Commission at
the December 15, 2003, public hearing regarding the architecture, shall be submitted to the Zoning
Division for review and approval by the Planning Commission as a 'Reports and Recommendations'
item. Said plans shall incorporate any roof-mounted equipment into the design of the building, and
-6- PC2003-173
the maximum over-all structural height, including any roof-mounted equipment, shall be thirty two
(32) feet.
47. (a) That the plans submitted for building permits shall include information demonstrating that the
lighting from the signs shall not cause excessive light andlor glare towards the residences to
the south.
(b) That the on-site advertising signs shall be illuminated only during hours of operation.
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 15, 2003.
(ORIGINAL SIGNED BY JAMES VANDERBILT)
CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
(ORIGINAL SIGNED BY ELEANOR MORRIS)
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing Resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on December 15, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BUFFA, EASTMAN, FLORES, O'CONNELL, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ROMERO
IN W ITNESS W HEREOF, I have hereunto set my hand this day of
.2003.
(ORIGINAL SIGNED BY ELEANOR MORRIS)
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
_7_ PC2003-173
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RIVERSIDE FREEWAY
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~ SERVICE
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m 1 STATION
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FESTIVAL
SP 90.1
HOTEL
Requested By: NANCY PATTERSON
SP 90-1
~ RCL 77-78-64 (2)
78-79-46
T-CUP 2002-04526
CUP 3920
CUP 3556
CUP 3542
CUP 3333
T-VAR 2001-04477
VAR 2001-04451 S
VAR 4377
VAR 4201
(CUP 4152 S)
EIR 256
~ E4R 229
EIR 216
EIR 195
GPA 142
ANAHEIM HILLS FESTIVAL
SHOPPING CENTER
Q.S. No. 207
REQUEST TO DETERMINE SUBSTANTIAL CONFORMANCE WITH APREVIOUSLY-APPROVED
FINAL SITE PLAN AND REVIEW FINAL SITE, FLOOR, ELEVATION AND LANDSCAPE PLANS.
TO CONSTRUCT A NEW RESTAURANT.
No Address -Islands Restaurant
0
1172
ITEM N0. 1-A
57-SB-03
RESTAURANT
CG VAR 1207
57-58-03 ROBIN HOOD
CUP 2712 MOTEL
CL
~ RCL 56-57-59
CUP 907
VAR 3028 5
VAR 1200
MOTEL 6
CL CH
RCL Sfi-5]-59 RCL 56.5]-59
CUP 1243 6MgLL SHOPS
Sh1ALL SHOPS
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Q
W
CL --I
CL RCL 64-65-95 ~
RCL 62-63-73 CUP 2775
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CUP 2832 REST. m -
CUP 1964 N
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BEACH -BALL 4L
RCL 6
65-95
SHOPPING CENTER 1
Q
64-fi5-11 W
CUP 1363 m
CL
RCL 92-93-09
CUP 3978
RCL 68-fig-11
CUP 3606
VAR 2001
CUP 2625
CUP 51
AUTO SALVAGE
Conditional Use Permit No. 1397
TRACKING NO. GUP2003-04807
Requested By: ROBERT L. WETZLER
CL (MHP)
RCL 82-83-ZB
RCL 56-57-04
MOBILE HOME PARK
CL
RCL 56-57-44
VAR 2211 S
VAR 891 S
HOBBY CITY
CITY LIMI i
.r~6
CITY LIMIT
Subject Property
Date: January 12, 2004
Scale: 1" = 200'
Q.S. No. 15
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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 Batl Road -Arroyo Grande Restaurant
1123
n~.~ r rro-Ao
56-57-33 I CUP 314
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9 DU APTS.
RM-1200
ii 36
RC
RCL ]t
43 (1) CUP 314
CUP z]5] LUP 122] 72 DU
v-sa]
CL RUSTIC INN
RCL 1142.23 V
67a MOTEL
-
CUP 31]9 TRAVELINN
CUP 2494 MOTEL
CUP 1582
RESTAURANT CL
CL 60-61-31
CL RCL 98-99-15 VAR 2146:
RCL 69-70-11 RCL 56-57-55 SUMITOMf
CUP 2538 CINDY'S MOTEL BANK
S.S. B FLOWER SHOP
FOOOMART
BALL ROAD
376'
CL
-
1 RCL 2f10300096
® RCL 62E3-55
T
5] 561]
T cuP z66a-oaefo
CL
-
I
' T cuP z663 6assa RCL 62-63-89
cuP ZZe9 MARKET
CL
CUP 1339
60-61-31
SUMITOMO
BANK
RS-A-43,000
CUP 566
CHURCH
ITkTi N0. 2
Staff Report to the
Planning Commission
January 26; 2004
Item No. 2:
2a. ` CEQA CATEGORICAL EXEMPTION-CLASS 1 (Motion)
2b. ?OONDITIONAL'USEPERMITN0.1397`, (Resolution)
(TRACKING NO: CUP2003-04807)
r'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 of277 feet do the east side of Beach Boulevard
and 378 feet on the south side of Ball Road: (2954 West Ball Road -Arroyo Grande '
t2estaurant);
REQUEST:
(2) Ttie petitioner requests permission to allow 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.O50.p10.
BACKGROUND:
(3) This item was continued from the January 12, 2003 Planning Commission meeting to
'allow the Code Enforcement Division toiconducYsound pressure level studies :from
the adjacent residential neighborhood to the south.
(4) This property Is currently developed with a commercial retail center, is zoned CL and is
designatedfor General Commercial land uses on the Anaheim: General Plan Land Use
Map. The property is`also located within the West Anaheim Commercial Corridors
Redevelopment Project Area
(5) Surrounding General Plan Map land use designations are General Commercial in all
directions: +'
(6) Conditional. Use Permit No. 1397 (to establish on-sale beer and wine in a proposed
restaurant within an existing shopping center) was approved by he Planning Commission
oh May 14 1973. On March 10,.:.2003, conditions ofapproval and exhibits were amended
to allow public entertainment and a service bar. Resolution No: PC2003-43, adopted in
conjunctiohwith this permit, contains the following condition of approval
"24. That the daily hours of operation shalt be limited to 11 a.m`. to midnight"
DISCUSSION:
(7) The petitioner is requesting approval of a conditional use permit to allow on-premises sales
Nand consumption of alcoholic beverages ih an existing full-service restaurant, which is
permitted in the CL Zone subject to the approval of a conditional use permit. The i
restaurant is currently entitled to serve beer and wine only under Conditional Use Permit
No. 1397.
sr8680av
.Page 1
:Staff Report to the
Planning Commission
January 26, 2004
Item No. 2%
reports were taken. The Police Department does ndtoppose the request to upgrade the
alcoholic beverage license but tloes hot suppdrt the Tequest for increasing hours of
dperation based bn the high crime rate and over-concentration-of licenses in the area.'
(10) The Commission should note when the use permit was modified on Marchl0, 2003,'a
condition was added>td require noise Ievet measurements to determine whether the '
entertainment was creating a disturbance to the motiilehome park to the south. Therefore,
Code Enforcement staff conducted a sound pressurelevel study of the restaurant during
entertainment hours. Title 6 of fie Anaheim Municipal Code states, "No person shall,
.within the City, create any sound, radiated for extended periods from any premises which
produces a sound pressure level at any point on the property line in excess of sixty ';
decibels (Re 0.0002 Microbar) read on the A-scale ofa sound level meter." The study
indicated that the noise generated from the restaurant and the entertainment was below the
maximum'sound pressure level.- Code Enforcement records further indicate that no'hoise
or operational related complaints have been made sihce Arroyo;Grande Restaurant has
tieen in business attfiis locatidn;
(11) Due to the proximity to the mobile home park to the south and the high crime rate of the
subject Reporting District (75 percent above the City=wide average), the Planning
bepartment concurs with the Police Department's recommendation and is not supportive of
the request o increase the hours of operation until 1130 a.m. The restriction in the hours of
operation was one of the principal reasons'that led to the most recent amendment to
Conditional' Use Permit No.'1397 (to allow public entertainmentand aservice bar) due to
'tfie potential noise impacts on the mobile home parklocated directly south of the
}estaurant. r'
(12) Staff is supportive of the request to upgrade the alcoholic beverage licenses to sell ';
alcoholic beverages,since the business is,operating as a bona fide restaurant and the
'.upgrade from beer and wine to full alcohol ales, as conditionetl herein, would not tie
detrimental to the particular area nor to the peace, health, safety, and general welfare.
ENVIRONMENTAL IMPACT ANALYSIS:
(13) The Planning Director's authorized representative has determined that the proposed project
falls within the definitibrcof Categorical Exemptions, Sectipn 15301, Class 1 (Existing
Facilities), as defined in the State CEQA Guidelines and is, therefore, exempt from the
requirement to prepare additional' environmental documentation.
GROWTH MANAGEMENT ELEMENTANALYSIS:
(14) The proposed project has been reviewed by affected City departments to determine whether
it conforms with the City's Growth Management Element adoptedby the City Council on
March 17, 1992. Based on City staff reviewof the proposed project, it has been determined
that this project does not fit withinthe scope,necessary to require' a Growth Management
Element analysis, therefore, no analysis has been performed.
FINDINGS:
(15) Before the'Planning Commission grants any conditional use permit, it must make a finding
of facttfiaf the evidehcepresehted'shows that all of the following conditiohs exist:
Page 3
Staff Report to the
Planning Commission
January 26, 2004.
Item No. 2
(a) That the proposed use is properly one for which a conditional use permit is.
authorized by the Zoning Code, br 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 tote located;;'.
(c) That the size and shape of the site for the proposed use is adequate to allow the full
development of the proposed use in a manner not detrimentafto the particular area
nor to the peace, health, safety, and general welfare;`:
(d) That the traffic generated by the'proposed use will not impose an undue burden
upon the streets and highways'designed`and improved to carry the traffic in the
.urea; 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 arld general welfare`of the
:citizens of the City of Anaheim.
(16), Subsection 18.03.092 of the Anaheim Municipal Code provides for the modification or
termination of a conditional use permit for one or more of the following grounds:
(a) That the approval was obtained by fraud;
(b) That the use for which such approval is granted is not being exercised within the time
specified in such permit;::
(c) That the use for which such approval was granted has ceased to exist or has been
suspended or inoperative for any reason foreperiod ofsix (6) consecutivemonths or
more;
(d) That the permit granted is being, or recently has been exercised contrary to the terms
or conditions of such approval, or in violation of any statute, ordinance, law or
regulation;
(e) That the use for which the approvalwas granted has been so exercised as to be
detrimental to the public health orsafety, or so as to constitute a`nuisance;
(f) That the use for which the approvalwas granted has not been exercised, and that
based upon additional ihformationbr due tobfianged circumstances, the facts
necessary to support one or more of the required showings for the issuance'of such
entitlement asset forth in this chapter no longer exist; and/or
(g) Thatany such modification, including the imposition of any additional conditions
thereto, is reasonably necessary to protect the public peace, healtfi, safety or general
welfare, or necessary topermit reasonable operation under the conditional use permit
as granted.
Page 4
Staff Report to the
Planning Commission
January 26;:2004
Item No. 2 _
Revised 1126104
' RECOMMENDATION:
(17) Staff recommends that, unless additional or contrary information is receivetl 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 Facilflies) of the CEQA Guidelines.
(b) By resolution, approve this request in art, den in the request to modify a condition
of approval pertaining to hours of operation, and aoorovfna the request to modify
Conditional Use Permit No. 1397 (Tracking No: CUP2003-04807) to permit the: sales
of alcoholic beverages for on-premises consumption in conjunction with an existing
restaurant based on the following:
(i) That the Anaheim Police Department indicates a significant above-average
crime late (75 percent above the City average) for the Reporting District for
the property and has receivedl2 calls for service to this property.
(ii) That the combination of on-premises sales of alcotolic beverages, increased
hours of operation and the existing high crime rate'may be detrimental to the
peace, health, safety, and gerieral welfare of the citizens of the Ciry of Ahahelm
due to this location`s proximity to the residential neighborhood to the south.
(c) Staff further recommends that should the Commission wish to approve this request,
that the conditions of approval contained in Resolution No. PC2003-43 be
incorporated into a new resolution which includes the following conditions of approval
(Condition No. 27 is a new condition):
1. That the landscape planters shall be permanently maintained with live and healthy
plant materials.
2. That any tree planted on-site shall be replaced in a timely manner in the event that it
l is removed, damaged, diseased and/or dead.
3. :That the on-site landscaping and irrigation system shall be maintained in
compliance with City standards.
4. :That all doors serving the restaurant shall conform to Uniform Fire Code...
requirements and shall be kept closed at all times•during operation of the premises'
except for ingress/egress, deliveries and emergencies.
5. 'That all existing and proposed?oof-mounted equipment shall be completely
screeried:from view. in all directions by properly maintained design elements of the
building. -;
6, That the establishment shall be operated. as a "Bona Fide Public Eating Place" as
defined by Section'23038 of the California Business and Professions Cade.
Page 5
T. That food service with a full meal shall be availabl
time, on each dayof operation,
8. ` That there shall be'no pool tables, vending machir
- upon the. premises at any time.
9. That subject alcoholic beverage license shall not C
premises (bar) type license nor shall the establishi
premise'as defined in Section 23039 df the Califor
Code.
10: That the gross sales of alcoholic beverages shall r
sales oYall retail sales during'any three((3) month`I
maintain records on a quarterly basis indicating tfti
beer and`wine and other items. These records shy
inspection by any City of Anaheim official during re
11 That there shall be no live entertainment, amplified
the premises at any time without issuance of props
Anaheim Municipal Code.
12 That the sales of alcohol for off-premises consume
13. That there shall be no exterior. advertising of any ki
directed to the exterior from within, promoting or in.
alcoholic beverages.
14. That the activities occurring in,conjunction with the
shall not cause noise disturbance to surrounding pY
15, That the parking lof serving the premises shall be e
of sufFlcient power to illuminate and make easily di
n
ned
s'%
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m'
9
- - --- -r •~•°• ~•~~•~ ~~•••N~p:• •~~ vc.•.uvn atavv.•i ui UDC OtlJpiCJD dilU
Professions Code so as not toiemploy or permit any personsto solicit or encourage
'others, directly or indirectly, to,buy them'drinks in the licensed premises'under any'
'commission, percentage, salary, or other profit-sharing plan, scheme or'conspiracy.
17. That there shall be no public telephones on the premises located outside the
building.
18.'.That signage shall tie limited td existing and approved signs. That temporary signs
and other'advertising devices hall not be permitted exceptwhen in connection with
an approved Special Event Permit.
Page 6
Staff Report to the
Planning. Commissioh
January 26', 2004
Item No. 2
19. That no advertising or identification of any type shall be permitted on any outdoor
furniture or equipment including umbrellas, by illustration, text or any other means of
visual communicatiorr.%,
_ 20. Tfiat 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:.
21. That four (4) foot high address numbers shall be displayed on the flat area of the
roof in a cohtrastingbolor to the rbof matetial, provided the numbers shall not be
visible from the street or adjacent properties.
22. That trash storage areas shall be provided and maintained in a location acceptable
to the Putilic Worksbepartmeht, Streets`ahd Sanitation Division'and in accordance
with approved plans oh file witty said Department. Said storage areas shall be
designed, located antl screened so as not o be readily identifiable from adjacent
streets or highways., the walls of the storage areas shall be protected from graffiti
'opportunities by the use of piantmaterials such as minimum 1-gallon size clinging
vines planted on maximum 3-foot centers or tali shrubbery.
23. That a all times that entertainment or dancing is permitted, security measures shall
be provided to the satisfaction of the Anaheim PoliceiDepartment to deter.unlawful
conduct on'the part of employees or patrons, and promote the safe and ortlerly
assembly and movement of persons and vehicles, and to prevent disturbance to the
neighborhood by excessive noise created' by patrons'entering or leaving the
:`premises.
24. That the hours of operation shall be limited to 11 a.m: to midnight, daily.
25. That the use of all pyrotechnicaCmaterial, special effects and fireworks shall be
'permitted and approved by the Anaheim Fire Department prior to their use.
26. That subject property:. shall be developed substantially in accordance with plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are
on file with the Plashing Department marked Exhibit: Nas. 1, Revision No: 1 and
Exhibit No 2, Revision No. 2, and as conditioned herein.
27. That no admission fee, cover charge, advance prepayment for meals, or
similar fee shall be imposed'upon patrons as a condition of entry to he
`premises.
28. That approval of this application constitutes approval. of the proposed request only ;
to the extent that it complies with the Anaheim Municipal Zoning Cade antl any other
applicable City, State and Federal regulations. Approval does not include any
action or findings as to compliance or approval of the request regarding any other
applicable ordinance; regulation or requirement.
Page 7
ATTACHMENT - ITEM NO
YYY dYE r'ra 6~ ~ ® @~
Cify of,4naheim
POLICE DEPARTMENT
DATE: December 17, 2003
TO: Amy Vazquez
Planning Department
FROM: Sergeant Lozeau
Vice Detail
SUBJECT: CUP 1397 Tracking Case # 2003-04807
Arroyo Grande Restaurant Night Club
2966 VNest Ball Road
Anaheim, CA 92804
The Police Department received an I:D.C. Route Sheet for CUP 1397, Tracking Case # 2003-
04807. The applicant is requesting to upgrade an existing type 41 license (on-sale beer and
wine) to a type 47 license (on-sale general). They also want to amend a condition of approval
pertaining to hours of operation. They would like to extend their hours to stay open until 1:30
a.m.
The location is within Reporting District 1916, which has a crime rate of 75 percent above
average. It is also within census tract number 878.03 which has a population of 6.,442. This
population allows for seven on sale Alcoholic Beverage Control Licenses and there are nine
active licenses in the tract. This population allows for four off sale licenses and there are
presently six licenses in the tract.
The census tract boundaries are:
North Ball Road
South Katella Avenue
East Dale Avenue
West Beach Boulevard
Off sale licenses in the vicinity of the applicant:
2950 W. Ball Road
1218 S. Beach Boulevard
10692 Beach Boulevard
8501 Cerritos Avenue
10338 Beach Boulevard
10480 Beach Boulevard
(City of Stanton)
(City of Stanton)
(City of Stanton)
(City of Stanton)
2°'
Memorandum
Amy Vazquez
Arroyo Grande Restaurant Night Club
Page two
On sale licenses in the vicinity of the applicant:
2806 W, Ball Road
2954 W. Ball Road
2822 W. Ball Road
10712 Beach Boulevard
10332 Beach Boulevard
10781 Beach Boulevard
10464-66 Beach Boulevard
10922 Beach Boulevard
10330 Beach Boulevard
(Pending)
(City of Stanton)
(City of Stanton)
(City of Stanton)
(City of Stanton)
(City of Stanton)
(City of Stanton)
The census tracts (see attached for addresses) surrounding this location are as follows:
north - 869.03
on-sale allowed 7/active 5
south -City of Stanton
on-sale allowed /active
population 6,014
off-sale allowed 4/active 4
population
off-sale allowed /active
west - 878.02
on-sale allowed 8/active 1
east - 878.05
on-sale allowed 8/active 1
south/west -City of Stanton
on-sale allowed /active
south/east -City of Stanton
on-sale allowed /active
north/west - 869.02
on-sale allowed 6/active 3
pending 1
north/east - 870.01
on-sale allowed 5/active 3
population 6,725
off-sale allowed 5/active 7
population 6,797
off-sale allowed 5/active 1
population
off-sale allowed /active
population
off-sale allowed /active
population 4,921
off-sale allowed 3/active 3
population 4,087
off-sale allowed 3/active 1
The Reporting District to the north of the location is 1816 and has a crime rate of 133 percent
above average. The Reporting District to the south is the City of Stanton. The Reporting
District to the east is 1917 and .has a crime rate of 6 percent above average. The Reporting
District to the west is 1915 and has a crime rate of 35 percent below average.
Memorandum
Amy Vazquez
Arroyo Grande Restaurant Night Glub
Page three
From January 2003 to December 8, 2003 there have been 12 calls for service to this location.
These calls consist of 4 911 hang ups, 2 suspicious circumstances, 1 robbery alarm silent; 1
person down, and 4 prostitution calls. Of the 12 calls for service 7 reports were taken.. The
reports consist of 4 for prostitution, 1 vehicle tow, 1 violation of a restraining order with a
weapon, and 1 disturbance.
The Police Department does not oppose the type 47 Alcoholic Beverage Control License, but
we do oppose the extended hours of operation. This is due to the high crime rate and over
concentration in the area. The applicant will have to apply for Public Convenience or Necessity
through Alcoholic Beverage Control, if Public Convenience or Necessity were granted the
Police Department would recommend the following conditions be placed upon the Alcoholic
Beverage Control License and the Conditional Use Permit:
1) At all times when the premise is open for business, the premise shall be maintained as a
bona fide restaurant and shall provide a menu containing an assortment of foods
normally offered in such restaurant.
2) There shall be no bar or lounge area upon the licensed premise maintained for the
purpose of sales, service, or consumption of alcoholic beverages directly to patrons for
consumption.
3) There shall be no pool tables or amusement devices maintained upon the premises at
any time.
4) The gross sales of alcoholic beverages shall not exceed 40 percent of the gross sales of
all retail sales during any three (3) month period. The applicant shall maintain records
on a quarterly basis indicating the separate amounts of sales of alcoholic beverages and
other items. These records shall be made available for inspection by any City of
Anaheim official when requested.
5) There shall be no live entertainment, amplified music or dancing permitted on the
premise at any time unless the proper permits have been obtained for the City of
Anaheim.
6) The sale of alcoholic beverages for consumption off the premise shall be prohibited.
7) There shall be no exterior advertising of any kind or type, including advertising directed
to the exterior from within, promoting or indicating the availability of alcoholic beverages.
8) The activities occurring in conjunction with the operation of this establishment shall not
cause noise disturbance to surrounding properties.
9) That subject alcoholic beverage license shall not be exchanged for a public premise
(bar) type license nor shall the establishment be operated as a public premise as
defined in Section 23039 of the Business and Professions Code.
Memorandum
Amy Vazquez
Arroyo Grande Restaurant Night Club
Page four -
10) There shall be no admission fee, cover charge, nor minimum purchase required
11) That the parking lot serving the premises shall be equipped with lighting of sufficient
power to illuminate and make easily discernible the appearance and conduct of all.
persons on or about the .parking lot. Said lighting shall be directed, positioned and
shielded in such a manner so as not to unreasonably illuminated the windows of nearby
residences.
12) That the business operator shall comply with Section 24200.5 of the Business and
Profession Code so as not to employ or permit any persons to solicit or encourage
others, directly or indirectly, to buy them drinks in the licensed premises under any
commission, percentage, salary, or other profit-sharing plan, scheme or conspiracy.
13) At all times that entertainment or dancing is permitted, security measures shall be
provided to the satisfaction of the Anaheim Police Department to deter unlawful conduct
on the part of employees or patrons, and promote the safe and orderly assembly and
movement of persons and vehicles, and to prevent disturbance to the neighborhood by
excessive noise created by patrons entering or leaving the premises.
14) That all doors serving subject restaurant shall conform to the requirements of the
Uniform Fire Code and shall be kept closed at all times during the operation of the
premises except for ingress/egress, permit deliveries and in cases of emergency.
15) There shall be no public telephones on the property that are located outside the building
and within the control of the applicant.
If further information is needed please contact me at extension 1451.
f:~homeMmirwin~2003-04807 Arroyo Grande Restaurant and Nlght Club type 47.doc
ATTACHMENT - ITEM NO
RESOLUTION NO. PC2003-43
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING THE CONDITIONS OF APPROVAL OF RESOLUTION NO. PC73-103,
ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 1397
WHEREAS, on May 14, 1973, the Anaheim City Planning Commission did, by its Resolution No.
PC73-103, grant Conditional Use Permit No. 1397 to establish on-sale beer and wine in a proposed restaurant
at 2954 W est Ball Road; and that said Resolution No. PC73-103 includes only the following two condition of
approval:
1. That subject property be developed substantially in accordance with plans and specifications on
file with the City of Anaheim marked Exhibit Nos. 1 and 2.
2. That the serving of beer and wine shall be only incidental in conjunction with the serving of food
and shall be served only at tables (no'bar to be constructed) as stipulated by the petitioner.
WHEREAS, subject property is developed with a commercial retail center at the southeast corner
of Ball Road and Beach Boulevard, including subject restaurant at 2954 West Ball Road; that the zoning is CL
(Commercial, Limited) and CH (Commercial, Heavy); that the Land Use Element of the Anaheim General Plan
designates the property for General Commercial uses; and that the property is located within the West Anaheim
Commercial Corridors Redevelopment Project Area; and
WHEREAS, under authority of Sections 18.03.092 and 18.44.050.300 of the Anaheim Municipal
Code, the petitioner has submitted revised exhibits and requested amendment to the approved the conditions of
approval to allow public entertainment in conjunction with a restaurant at which the sale of beer and wine for on-
premises consumption was previously approved; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City
of Anaheim on March 10, 2003, at 1:30 p.m., notice of said public hearing having been duly given as required by
law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider
evidence for and against said proposed 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 use, as proposed to be amended and as described in paragraph (10) of the Staff Report
to the Planning Commission dated March 10, 2003 (Item No. 6), is properly one for which a conditional use
permit is authorized by the Zoning Code.
2. That the use, as amended and conditioned herein, will not adversely affect the adjoining land
uses and the growth and development of the area in which it is located.
3. That the size and shape of the site for the use, as amended and conditioned herein, is adequate
to allow full development of the proposal in a manner not detrimental to the particular area nor to the peace,
health, safety and general welfare.
4. That the traffic generated by the use, as amended and conditioned herein, will not impose an
undue burden upon the streets and highways designed and improved to carry the traffic in the area.
5. That amending this conditional use permit, under the conditions imposed, will not be detrimental
to the peace, health, safety and general welfare of the citizens of the City of Anaheim; and that, as discussed in
paragraphs (11) and (12) of the Staff Report, the Anaheim Police Department does not oppose the request
Tracking No. CUP2003-04664
cr1PC2003-043:doc -1- PC2003-43
based on a moderate crime rate (80 percent above the City average) for the Reporting District in which the
subject property is located and with the imposition of the recommended conditions of approval.
6. That the use permit, as originally granted, has not been exercised contrary to the terms or
conditions of the original approval, or in violation of any statute, ordinance, law or regulation.
7. That the use permit, as originally granted, has not been exercised so as to be detrimental to the
public health or safety, or so as to constitute a nuisance.
8. That the proposed amendment of the use, including the imposition of additional conditions of
approval, is reasonably necessary to protect the public peace, health, safety or general welfare, or necessary to
permit reasonable operation under the conditional use permit as granted.
9. That one person, representing the West Anaheim Neighborhood Development Council ("WAND")
spoke at the public hearing with concerns regarding the request.
10. That no one indicated their presence at the public hearing in opposition to the proposal; and that
no correspondence in opposition was received.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or his
authorized representative has determined that the proposed project falls within the definition of Categorical
Exemptions, Class 1 (Existing Facilities), 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 amend Resolution No. PC73-103, adopted in connection with Conditional Use Permit No. 1397, to allow
public entertainment in conjunction with a restaurant at which the sale of beer and wine for on-premises
consumption was previously approved; and that the conditions of approval be amended in their entirety to read
as follows:
1. That the landscaping planters shall be permanently maintained with live and healthy plants.
2. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged.,
diseased and/or dies
3. That the on-site landscaping and irrigation system shall be maintained in compliance with City standards.
4. That all doors serving the restaurant shall conform to Uniform Fire Code requirements and shall be kept
closed at all times during operation of the premises except for ingress and egress, deliveries, and
emergencies.
5. That all existing and proposed roof-mounted equipment shall be completely screened from view in all
directions by properly maintained design elements of the building. Said information shall be specifically
shown on plans submitted to the Zoning Division for review and approval
6. That the establishment shall be operated as a 'bona fide public eating place' as defined by Section 23038 of
the California Business and Professions Code.
7. That food service with full meals shall be available from opening time until closing time, on each day of
operation.
8. That there shall be no pool tables, vending machines or arcade devices maintained upon the premises at any
time.
9. That subject A.B.C. license (sale of beer and wine for on-premises consumption) shall not be exchanged for a
'public premises' (bar) type license nor shall the establishment be operated as a 'public premises' as defined
iby Section 23039 of the California Business and Professions Code.
-2- PC2003-43
10. That the gross sale of alcoholic beverages {beer and wine) shall not exceed forty percent (40%) of gross sales
of all retail sales during any three (3) month period. The applicant shall maintain records on a quarterly basis
indicating the separate amounts of sales of beer and wine, and other items. These records shall be made.,..
available for inspecticn by any City of Anaheim official during reasonable business hours.
11. That there shall be no live entertainment, amplified music or dancing permitted on the premises at any time
without issuance of the proper permits as required by the Anaheim Municipal Code. _
12. That the sales of beer and wine for off-premises consumption shall be prohibited.
13. That there shall be no exterior advertising of any kind or type, including advertising directed to the exterior
from within, promoting or indicating the availability of beer and wine.
14. That the activities occurring in conjunction with the operation of this establishment shall not cause noise
disturbance to surrounding properties.
15. That the parking lot serving the premises shall be equipped with decorative lighting of sufficient power to
illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot.
Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate
the windows of nearby residential uses. Said information shall be specifically shown on plans submitted for
Police Department, Community Services Division, approval
16. That the business operator shall comply with Section 24200.5 of the Business and Professions Code so as
not to employ or permit any persons to solicit or encourage others, directly or indirectly, to buy them drinks in
the licensed premises under any commission, percentage, salary, or other profit-sharing plan, scheme or
conspiracy.
17. That there shall be no public telephones on the premises located outside the building.
18. That signage shall be limited to existing and approved signs; and that temporary signs and other advertising
devices shall not be permitted except when approved in connection with a Special Event Permit.
19. That no advertising or identification of any type shall be permitted on any outdoor furniture or equipment
including umbrellas by illustration, text or any other means of visual communication.
20. That the property shall be permanently maintained in an orderly fashion through the provision of regular
landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from
time of occurrence.
21. That four (4) foot high address numbers shall be displayed on the flat area of the building roof in a contrasting
color to the roof material, provided that the numbers shall not be visible to the the street or adjacent
properties. Said information shall be specifically shown on plans submitted for Police Department, Community
Services Division, review and approval.
22. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Putilic Works
pepartment, Streets and Sanitation Division, and in accordance with approved plans on file with said
Department. Said storage area(s) shall be designed, located and screened so as not to be readily identifiable
from adjacent streets or highways. The walls of the storage area(s) shall be protected from graffiti
opportunities by the use of plants such as minimum one (1) gallon sized clinging vines planted on maximum
three (3) foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for
Planning Department and Public Works Department, Streets and Sanitation Division, review and approval.
23. 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.
24. That the daily hours of operation shall be limited to 11 a.m. to midnight.
25. That the use of all pyrotechnical material, special effects andlor fireworks shall be permitted and approved by
the Anaheim Fire Department prior to their use.
_3_ PC2003-43
26. That subject property shall be developed substantially in accordance with plans and specifications submitted
to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked.
Revision No. 1 of Exhibit No. 1 (floor plan and elevation) and Exhibit No. 2 (site plan), and as conditioned
herein.
27. That prior to commencement of the activity authorized by this resolution ('public entertainment' at an existing
restaurant at which the sale of beer and wine for on-premises consumption was previously'approved) or within
a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 4, 5, 15, 17, 21,
22, 23 and 26, 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.
28. 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.
29. That within ninety (90) days after commencing operation of public entertainment at this restaurant with the
sale of beer and wine for on-premises consumption, the Code Enforcement Division will conduct noise
measurements at the facility while the entertainment is being provided to determine if the noise created by
said entertainment is creating disturbance to the adjacent residential mobile home park to the south.
Zoning Division staff will report back to the Planning Commission regarding the findings of the noise
measurement as an agendized 'Reports and Recommendations' item.
30. That there shall be no cover charge at this establishment.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March
10, 2003.
CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SENIOR SECRET
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss,
CITY OF ANAHEIM )
CITY PLANNING
I, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission
held on March 10, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ROMERO
IN WITNESS WHEREOF, I have hereunto set my hand this 3r of day of r ~'
2003.
IOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-4- PC2003-43
ITEM N0. 3
RS-A-03,000 RCL 9e~99-11 ~ CL
CUP 3466 RCL 63414-uB(4) RCL 98-9&11 CL
VAR 1607 S VAR 3b10 RCL 64.65-75 RCL 98-99-1
CHURCH CUP 3770 VAR 2276 S CUP 1331
SCHOOL VAR 2296 V-2240 V-033
MARKET V-033 PIZZA
MALL SHOPS
~--ORANGE C~UN- u~~rs~ ORANGE AVENUE - - - - `- "'~"
I ANAHEIM CITY LIMITS
IW~ I O RCL9BL9941 Cl-~~~
~J{ 1 I NQ RCL 64E5-07 RCL fib-fi5.76
I 57-56-20 T-CUP 2000-0419
jg~ 1 ~ ~~ RM-120D RCL 8L99-11 C P2asi RE67AURgNT CL
~ I ~ I RCL 67-68-73 RCL 67-fib-73 CUP 2169 RESTAURANT RCL 98-99-11
RS-s6BB I VA 1970 VAR 1970 CUP 2073 F- RCL 64-65123
I RCL 91-92-10 6S DU CUP 1696 W RCL 6465-13
I -VAR 47621 SMALL v W RCL 59-60-70
~ B DU ~ COMM. CL umi ~ 64-65-13
SHOPS RCL 9B-9&H ~ COMM. SHOPS '
SANWA BANH ~
RM-1200 `~ ~ ' Cl y,~ a ~
RCL 67-fib-73 RcL~ge-gs-n Cl
RCL 6465-06 RCL 64-65-0 RCL 9B-99-11
VAR 1970 CUP 20W-04814 RCL 64415-48
65 DU jCUP 4077 fi CUP 109 ~
GUP 109 s OFFICE AND RETAIL = (~`L
VAR 3437 ~ RCL 98-99-11
' GLT. PARSING Y
RCL Se-ae-11 E ,~? vqR 3gji`~•`: ;~ O RCL 64-65-13
CLEARBROOK LN RCL sa s5ae 3 PROPESSIONAL~ ~ ~ O CUP 2251
,,, _ ,~: ~ _CUP 200&04674 ~,. OFFICE__~ ~, -„ ;- M Q' CUP 1734
~~- ~ ~ --" T m COMM. SHOPS
600' 4
CL
RCL 96-99-11
RCL 64-65-08
ANAHEIM C/7YLIM/TS VACANT
ORANGE COUNTY UMTiS RCL Sa92n RS-A-43,000
RCL 72-7306 1 DU
CL CUP 1806
RCL 96-99-11 GvIAPC~ CL
RCL 72-73-23 RCL 98-99-11 RS-7200
RCL 72-73-06 RCl 1 DU EACH
CUP 1325 5-76-2
MOTEL FFIC
NIOBE AVE
~ ~ CL
~ ~ RCL 69-70-26
~ ~' RCL 98-99-11 RLL 9B-99-1i
~ Z RCV2-73-33 RS-72U0
T-CUP 2002-04511 CUP 3267
~- 0 T-CUP 2001-04344 CUP 3159 1 DU EACH
CUP 2469 PARK N
U ~ MOTEL BRESTAURANT
ANAHEIM CITY LIMITS CL
RCL 98-99-11
ORANGE COUNTY LIMITS ~ RCL 57-56-35
~ VAR 646
I CUP 3159
STONYBROOK DR MED. OFFICES
Conditional Use Permit No- 2003-04814 (READVERTISED) ~ ~ ~ Subject Property
.Date: February 9, 2004
Scale: 1" = 200'
Requested By: CHURCH OF GOD EMANUEL PENTECOST Q.S. No. 34
REQUEST TO PERMIT A CHURCH WITHIN AN EXISTING OFFICE BUILDING
WITH WAIVERS OF: (A) MINIMUM SETBACK FQR INSTITUTIONAL USES ADJACENT
TO RESIDENTIAL ZONES
(B) .MINIMUM PARKING LOT LANDSCAPING
(C) MINIMUM NUMBER OF PARKING SPACES
631 South Brookhurst Street 11 so
Staff Report to the
Planning Commission
'January 26; 2004
Item No. 3 i
3a. CEQA NEGATIVE DECLARATION (READVERTISED) (Motion)
3b. WAIVER OF CODE REQUIREMENT ' (Motion)
30. 'CONDITIONAL USE PERMIT NO. 2003-04814 (Resolution) "'
SITE LOCATION AND DESCRIPTION:
_ `(1) This rectangularly-shaped, 1.6-acre property has a frontage of 118 feet on the west side of
Brdokhurst Street, a maximum depth of 600 feet and is located 534 feet south of the
centerline of Orange Avenue (631 South Brookhurst Street -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 4,300square foot church within a 32,325 square foot office;.
building witRwaivers ofahe following:
(a) SECTION NOS. 18.04.042.020 - Minimum setback fdr institutional uses
- AND 18.44.063 adjacent to a residential zone boundary. 15 feet
required; 0 to 5 feet proposed);
(b) SECTION NOS. 18:04.060.050 - Minimum parkino lot landscaplno
AND 18:44.066.030 (one landscaped break required per 10 spaces
in a row; no landscaped breaks proposetl in the
parking ot)
(c) SECTION NOS. 18:06.050.0266 - `Minimum number of oarkino spaces
164 Pequired; 136 proposed and
recommended by ne Traffic and Transportation
Manager)
BACKGROUND:
(3) This property is developed with a 32;325 square foot office building and has been zoned CL
(BCC) (Commercial, Limited; Brookhurst Commercial Corridor Overlay) since;1965. This
property is located in the West Anaheim Commercial Corridors Redevelopmeht Project Area
end General Plan Land Use Element Map designates this property for General Commercial
land uses.
(4) The surrounding General Plan designations are as follows:
Direction. General Plan Designation
North General Commercial and ,
Medium Densit Residential'
East across
Brookhurst Street
General Commercial
South General Commercial
West LdwDensi Residential
sr1141cw.doc
Page 1
Staff Report to the
Planning Commission
January 26, 2004.
Item No. 3
PREVIOUS ZONING ACTIONS:
(5) The following zoning actions pertain to this property:
(a) Conditional Use Permit No. 4077 (to permit a church with waivers of minimum setback
adjacent to residential zones; minimum parking lot landscaping and minimum number of
parking'spaces [121 proposed; 148 required]) was approvedby the Commissionon
November 23, 1998. At the request of the property owner the Commission terminated this
permit oh September 11.2000
(b) Variance No. 3437 (waiver of minimum number of parking spaces to establish a vocational
training school) was approvetl by the Commission on November 14,,1984. This permit is
notbeing exercised and should be terminated
(c) Conditional Use Permit No. 109 (to permit and construct adrive-in restaurant) was
approved by the Planning Commission on April 3,? 196E This permit is not being exercised
Z and should be terminated.
PROPOSAL:
(6) The petitioner proposes to establish a church within an existing two-story office building.
The church would be comprised of administrative offices and a sanctuary. No daycare or
:.private school is proposed in connection with this church. The church would occupy 4,300
!square feet of this two-story office building and office tenants would continue to occupy the
remaining 28,025 square feet.'
(7) The site plan (Exhibit No. 1) indicates that the existing building is setback 10 feet from
Brookhurst Street, Otto 43-feet from the north property line, 250-feet from the westproperty
line and 5S5 feet from the south property7ine. Plans further indicate a 6-foot wide
landscaped setback%immediately adjacent to the west property line to buffer the parking lot
from the abutting single-family residehces
(8) Floor plans (Exhibit Nos. 2 and.3) indicate that the church would occupy 4,300 square feet
on the first floor of the existing 32,325 two-story office building: The church would consist of
a 1,410 square feet of sanctuary/assembly area and 2,890 square feet'of church'offices.
`.The floor plans indicate the sanctuary area would include 100 non-fixedseats. The church
does nofpropose to'utilize the second floor.
(9) Vehicular access is provided by one covered driveway (14.5 foot high clearance) on
Brookhurst Street: A total of 136 parkingspaces`a~e proposedto servethe churchand office
!tenants within the two-story office building: Code requires a minimum of 164 spaces based
on the following:
Use- , -Area Code required parking ratio . ~ Number:of
. ~ ~ ~. ~ s ~ acesife wired
Business 28,025 s.f. ~ 4 spaces per 1,000 square feet 112
Office
Proposed:` .1,410 s.f. : 29 spaces per 1,000 square feet of 62
Church {sanctuary)' assembly area plus 4 spaces per
'2;890 s.f. 1,000 square feet of office area
=' office
Total 32,325 s.f 164
Page 2
Staff Report to the
Planning Commission
January 26, 2004.:
ItemNo 3
(13) The letter of operation indicates that the primary church operations would be conducted on
Saturday, with assembly/worship services ranging from 9:30 a.m. to 12?noon and the
sanctuary is also open 8 a.m to 4 p.m: for fellowship and bitile study. General office hours
would be 10 a.m. to 5 p.m., Monday through Friday: The letter of operation also indicates that
bible study would be conducted 7 p.m. to 10 p,m.; on two weekday evenings. Special
i conferences, which"occur approximately 3 times ayear, woultl be held'during the week 7 p.m.
' to 10 p.m. The letter indicates'there are'approximately 100 congregants:
ENVIRONMENTAL IMPACT ANALYSIS:
(14) Staff has reviewed the proposal and the Initial Study (a copy of which is available for review
in the Planning Department) and finds no significant environmental impact and, therefore,
recommends that a Negative'Declaration be approved upon'a finding by the Commission
that the declaration Yeflects the independentjudgment of the lead agency; and that it has
`considered the proposed Negative Declafation together with any comments received during
!the public review process and further finding on thebasis of the Initial Study and'any
'comments received'that thereis no substantial evidence that the project: will have a
'significant effect on he environment.
GROWTH MANAGEMENT ELEMENT ANALYSIS•
(15) ;The proposed project has been reviewedby 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 fias been pertormed.'
EVALUATION:
(16) Waiver (a) pertains to minimum setback for institutional uses (including churches) abutting
residential zones. Code requires a 15-foot wide landscaped setback adjacent to tfie west
property line abutting the RS-7200 zone boundary and adjacent to the north property line
'abutting the RM-1200 zone boundary. Plans indicate an existing 5-foot wide landscaped
setback between the church parking lot and the single-family residences'adjacent to the
west property line, and a 0- to`1-foot wide landscaped setbackbetween the churchparking
lot and the carports of the apartment complex, which abut the north property line. The
structurai`setbackfram the west property line (adjacent to rear yards ofsingle-family homes)..
'is over 200 feet with; parking area to buffer the existing two-story building from the'single-
familyneighborhood: This waiver also pertains to the northwest comer of the property with
;.carports for the apartment complex abutting the parking lot of the subject property: Staff
..feels that existing parking and landscape"areas would maintain a buffer for the residential
properties; moreover, the church is not the primary use of the'property as the building is
`shared with office tenants. Therefore, staff recommends approval of this waiver.
(17) 'Waiver (bj pertains to minimum parking lot landscaping. Code requires a 48 square foot
aandscaped break for every 10'fparking spaces in a row. Plans'indicate several areas within
`this existing parking lof where there are more than 10 spaces in a row without a landscaped
break: The requestetl waiver of four 4 required landscaped tireaks would reducethe total
required parking lotlandscaping by 192 square feef(4 landscape breaks'x 48 square
feet/break = 192 square feet). The plans also indicate 7 existing planters within tneparking
of providing a total of 2,480 square feet of landscaped area. A'site inspection confirmed that'
.most of the parking;lot canndfbe seen from the street and therefore, the aestheticbeneFts
of additional parking lot trees would not tie realized when viewed from Brookhurst Street.
' Page 4'
Staff Report to the
Planning Commission
January 26, 2004:
Item tJo. 3
e. The proposed. project will not impede vehicular ingressor egress, because the project
is not expected to result'in the increased demand for on-street parking within the
vicinity of anydriveways or other location in the project Vicinity. Sight lines and turning
areas for existing driveways at public streets will be unaffected by parking for the
proposed :project"
(20) ..This site is located within the West Anaheim Commercial Corridors Redevelopment Project
Area. The Community Development Department concurs with Planning Departmentstsffs
recommendation for.. approval::
(21) :.Staff was'initially concerned with the use'of a portion of this office building for a church
'.adjacent to asingle-family residential neighborhood.: Church proposals often include other
'daily uses, such as day care facilities and private schools, which change the character of the
;property and create a more intense use abutting residential uses. This request, however,
'does not include any day care or private school facilities, and provides a significanf amount
of parking: area for church activities. The(existing landscaping: has been well maintained. In:
consideration of the operations of the church and the substantial buffer Between the existing c
:residences and the building, staff recommends approval of the request#or a church at this
i ocation. `i
FINDINGS:
(22) When practical difficulties or unnecessary hardships result from strict enforcemenf of the
:Zoning Cotle, a modification may be granted for the purpose of assuringthat no property,
because of special circumstances applicable to it, shall be deprived of privileges commonly
enjoyed by other properties in the same vicinity and zone. The sole purpose of any code
waiver is o preventdiscrimination and none shall be approved'which would have the effect
of granting a special' privilege not shared by other similar properties. Therefore, before any
'code waiver is granted by the Commission, it shallbe shown:
(a) That there are special circumstances applicable to the property such as size,`shape,
topography, location or surroundings, which'tlo not apply to other identically zoned
properties in the vicinity;'and
(b) That strict application of the Zoning Code deprives the property of privileges enjoyed
by other properties under identical"zoning classification' in the vicinity.
(23) rSection 18'.Ofi.080 of the parking ordinance sets forth the following findings, which are
required to' be made before the parking waivers are approvetl 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 such use; and
(b) That the waiver, under the conditions imposetl, if any, will not increase the demand
and competition for parking spaces upon the public sheets in the immediate`vicinity
of the proposed use; and
'(c) That the waiver, under the conditions imposetl, if any, will not increase the demand
and competition for parking spaces upon adjacent private property in the immediate
vicinity of the proposed use (which property is not expressly provided as parking for
such use under an agreement in compliance with Section 18.06:010.020`of this
Code); and
Page 6
Staff Report to the
.'Planning Commission
January 26,:2004
item No. 3
(d) That the waiver, under the ponditions imposed, if any, will not increase traffic
congestion within the off-sheet parking areas or lots provided for such use; and
(e) That the waiver, under the conditions :imposed, if any, will not impede vehicular'
.ingress to or egress from adjacent properties upon 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 Commission; he 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. Exceeding, violating, intensifying or r
otherwise deviating from any of said assumptions as contained ih the parking demandstudy
sftall be deemed a violation of the: express conditions imposed upon said waiver which shall
subject said waiver to termination"or modification pursuant to theprovisions of Sections
16:03.091 and 18.03.092 of this Code.
(24) Before the Commission grants any conditional use permit, it must make a finding of fact that
the evidence,'presentedcshows 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, pr 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 o allow the full
development of the proposed use in'a mannernot detrimental to the partlculararea
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 sfreets and'highways'tlesigned;and improved to carrythe trafficjn the area; and
(e) That the granting of the conditional use permit under the conditions imposed, if any,
:.will. not be detrimental to the peace,. health, safety and general welfare of the citizens
of the City of Anaheim.
RECOMMENDATION:
(25) Staff recommends that, unless additional dr contrary information is received during the
meeting, and based upon the evidence submitted to the Commission, including the
evidence presented in this staff. report, and oral and written evidence presented at the
public hearing, the Commissiontake the following actions:
(a) By motion, approve the CEQA Negative Declaration.
(b) By motion, approve waivers pertaining to (a) minimum setback forinstitutional uses
adjacent to a residential boundary; (b) minimum parking; lot landscaping and,(c)
minimum number of parking spaces based on the following:
(i) :That for waiver (a) minimum setback for institutional uses from a residential
zone boundary staff recommends approval based on the fact that the fiuilding
and the parking lotere existing features on the property, and that the
i residential uses are screened from the church activities by existing
;Page 7
Staff Report to the
Planning Commission
January 26, 2004.
item No. 3
landscaping. The property has special circumstances since it is already
developed withian office building antl only a portion of the building would be
usetl for church purposes; therefore; strict application of the Zoning Code
woultl deprive this property of privileges granted to other existing CL (BCC)
zoned properties within the vicinity.
(ii) That waiver (b)'pertaining to minimum parking lot landscaping should be
approved considering the"substantial amount of existing mature, well-
maintained landscaping within the parking lot (2,480 square feet), which
exceeds the overall square footage Code requirement. Special circumstances
are applicable to the property since i4 is alreadydeveloped with an office
building, only aportion of which would be usedfor a church and therefore,
strict: application of the Zohing Code would deprive this property of privileges
enjoyed by other existing CL (BCC) zoned properties witff existing: buildings.
(iii) That waiver (c) pertaining to minimum number of parking spaces, should be
approved based on the submitted parking study and the determination by the
City Traffic and Transportation Manager that an adequate',parkingsnpply
exists for the combined uses on theproperty and based upon the findings
contained in paragraphs 18 and19 of this report.
(c) lay resolution, a rove Conditional Use Permit No. 2003-04814 (to permit a church
within a 32,325 square foot office building) based on the following:
(i) That the church is listed as a conditionally permitted use within the CL (BCC)
Zone,,and 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'
Iocatetl.
(ii) That the size and shape of he site is arge enough to support the church and
othe[ office uses in a manner not detrimental td'the particular area nor to the
peace, health, safety, and'general welfare.
(iii) That the traffic generated by the proposed church would not impose an undue
burden on the sheets andi highways as substantiated in the parking tudy and
the findings as tlescribed in paragraphs 18 and19 of this report.
(iv) That the granting of this conditional use permit under the conditions imposed
(including the prohibition of day care facilities and/or private schools'accessory
to the church), would not be detrimental to the peace, health, safety,: and
general welfare of the citizens of the!City of Anaheim,
.THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS
AN' INTERDEPARTMENTAL COMMITTEE'AND`ARE RECOMMENDED FOR'ADOPTION BY THE
PLANNING' COMMISSION IN THE EVENT THATTHIS PERMIT ISAPPROVED
L < That the restrooms shall only be accessible through the interior of the'building.
2. That four (4) foof high numerical address numbers shall be displayed'on the flat area of the roof in a
contrasting color to the roof material in a manner not visible to the street or adjacent properties.
Said information shall be specifically shown on plans submitted for the Police Department,'
Community Services Division approval.
3. That the parking lot serving he premises shall be equipped with lighting of sufficient power to
illuminate and make easily'discernible the appearance and conduct of all persons on or about the
> Page 8'
Staff Report to the
Planning Commission'
January 26,' 2004
ltem No. 3`
::parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to
unreasonably illuminate the windows of nearby residences.
4. That no outdoor special events shall be permitted in connection with the church.
5. That trash storage areas shall be provided and maintained in a location acceptable o the Public
~_ Works Department,'Streets and Sanitation Division and in accordance with approved plans on file
with sadbepartment. Said storage areas shall be'designed,located and screened o 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 clinging vines or tall
shrubbery. Said information shall be specifically shown on the plans submitted for Public Works
Department, Streets and Sanitation Division approval.
6. 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.
7. That an bn-site trash truck tum-around area shall be provided per Engineering Standard Detail No.
610 and: maintained to the'satisfaction of the Public Works Department; Streets and Sanitation
Division: Said turn-around area shall be pecifically shown onplans submitted for Pubilc Works
Department, Streets and Sanitation Division approval.
8. :That plans shall be submitted to the City. Traffic and Transportation Manager for his review and
approval showing conformance with the current version of Engineering Standard Plan Nos. 436,
601 and 602 pertaining to parking standards and driveway locations. Subject property shall
thereupon be developed and maintained in conformance with. said plans: Said plans shall provide
for adequate handicapped parking spaces and relocation of the existing rash pick=up area
9. 'That the hours of operation shall be limited to 10:00 a.m. to 5:00 p.m., Monday through Friday for
general office hours and 8:00 a.m. to 4:00 p.m., for Saturday ervices: The church shall be '
permitted 3 weeklong conferenceslsemnars per year. All church activities shall end before
10 p.m.; except on pecial church holidays.
10. That all existing mature landscaping shall be maintained and immediately replaced in the event that
it becomes diseased or dies.!':
11. 'That the proposal shall comply with all signing requirements of the CL (BCC) Zone unless a
variance allowing sign waivers is approved by the Planning Commission. Any new signage. shall be
submitted to the Zoning Division for review and approval. Ahy staff decision regarding said signage
may be appealed tb the Planning Commission as a "Reports and Recommendations" item.
12. That no unscreenetl roof-mounted equipment shalt be permitted.
13. ' That there shall be ho accessory day care facilities or private schools permitted on this property.
14. That the`dwner of subject property shall submit a letter requesting termination of Variance No. 3437
(waiver of minimum number of parking: spaces tb establish a vocational. training school) and
Conditional Use Permit Nd: 109 (to permit and construct adrive-in restaurant) to the Zoning.:.
Division::
15. That the!number of congregants shall be limited to 100 as indicated by the applicant.
16. That one (1) additional tree shall be planted within the front landscape setback adjacent to
Brookhurst Streek Said tree shall be of similar species to ttte existing. trees.
Page 9
Staff Report to the
Planning Commission
January 26; 2004
Item No. 3
17. 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 Exhitiit Nos. 1 through 3, and as conditioned herein.
18. That prior to the'commencement of the activity or within aperiod of one (1) year from the' date of
this resolution, whicheveraccurs first, Condition Nos. 2, 3; 5, 6, 7, 8,114, 16 and 17,
above-mentionetl, 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.
19. 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 action or Endings as to compliance o[ approual
of theYequest regarding any other applicablebrdinance;7egulatioh or requirement.
Page 10
ATTACHM);NT r TTEM N0, 3
PETITIONER'S STATEMENT OF
JUSTIFICATION FOR VARIANCE/CODE WAIVER
(NOT REQUIRED FOR PARKING WAIVER)
REQUEST FOR WAIVER OF CODE SECTION:
~~ oy dvz. vza
SECTION 4
is required for each Codiwatver)
PERTAINING TO: O~ rar ~ ~r~ ~"~~ "`„"
~G~/~~t'i~ 7~dsr~G ~®-r/~~ /St~.~cs~ f~d.i~9• D-S
Sections 18.03.040.030 and 18.12.060 of the Anaheim Municipal Code requrre that fore any variance or Co e waiver may bef~~
granted by the Zoning Administrator or Planning Commission, the following shall be shown: ..~sh~
1. That there are special circumstances applicable to the property, including size, shape, topography, location or ~
surroundings, which do not apply to other property under identical zoning classification in the vicinity; and
2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges
enjoyed by other property under identical zoning classification in the vicinity.
In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to
arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully
and as completely as possible. If you need additional space, you may attach additional pages.
1. Are there special circumstances that apply to the properly in matters such as size, shape, topography, location or
surroundings? ~ Yes _ No.
2.
3.
If your answer is "Yes," describe the special circumstances: ~ ~~"
OJT /s /G ~~
' v s '
Are the special circums[andes that apply to 31fe property different frotrl'other properties m th vicinity
same zone as your property? ~' Yes _ . No
If your answer is "yes," describe how the property is different:
fD ~ J'G1Pif G:u'. S f7'~r. p GL- Z~.GG!
Do the special circumstances applicable to the property deprive
properties located within the same zone? Yes No
If your answer if "yes," describe the special
ch are in the '
dui.~f~~r
4. Were the special circumstances created by causes beyond the control of the property owner (or previous property
owners)? X Yes TNo
~vnr e r*r ~,.. ~ ,Gi„ ~. ~ e~JiJV9yL Ole' ~YD/'G SS/_s97L~v/ Ol~TJ ~-~
The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be
approved which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone
which is t otherwise expressly authorize by zone regulation governing subject property. Use variances are not perrnitted.
Si cure of roperty Owner or A orized Agent /""' " Date
CONDITIONAL USE PERMIT/VARIANCE NO.
DECEMBER 12, 2000
CUP N0. 2003 - 0 ~ 8 1 4
ATTACHMENT -ITEM N0. 3
SECTION 4
PETITIONER'S STATEMENT OF
JUSTIFICATION FOR VARIANCE/CODE WAIVER
(NOT REQUIRED FOR PARKING WAIVER)
REQUEST FOR WAIVER OF CODE SECTION: ~~ o ~/ D ~ ~ ~ -w "'"~'~ ~~• `~y D6 6`~ D30
{A separate statement is reg~ired for each Code waiver)
PERTAINING TO: d1'+'~ ii~ys~.. ,D~r~'~1ii %y /~ ~ ~Gf~s liszaV /~G
Sections 18.03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver may be
granted by the Zoning Administrator or Planning Commission, the following shall be shown:
1. That there are special circumstances applicable to the property, including size, shape, topography, location or
surroundings, which do nct apply to other property under identical zoning classification in the vicinity; and
2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges
enjoyed by other property under identical zoning classification in the vicinity.
In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to
arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully
and as completely as possible. If you need additional space, you may attach additional pages.
1. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or
surroundings? X Yes _ No.
If our answer is "Yes," describe the s ecial circumstances: ~ f y®~~k/ ~s ~~~
2. Are the special circumstan that apply to the property different fr m other properties in the vicinity which are iff~
same zone as your property? X Yes _ No /
GYi /o~i~tAS L'fYL//G/~f't~ ~vY ~~
If your answer is "yes," describe how the property is different: dd
3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring
properties located within the same zone? X Yes No
If your answer if "yes," describe the special circumstances:
4. Were the special circumstances created by causes beyond the control of the property owner (or previous property
owners)? ~ Yes _ No ~
....,.. ..~, ~i ,i ~~i~~~ wiTJ L>s%9-i//_Gl~_ ~/,o `//i~.97L-~ ~~GP
The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be
approved which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone
which is not otherwise expressly authorized by zone regulations governing subject property. Use variances are not permitted.
Owner or uthorized Agent Date
CONDITIONAL USE PERMIT/VARIANCE NO.
DECEt,16ER I?, 2000
CIJP P!0.2003 - 0 4 8 1 4
LVU. `4
..-- ~
TRACT NO. 3006
Ifi N= GL
56-57-61
~ (58-59-06)
¢ SMALL COMM.
SHOPS
CL
RCL 63-64-13
RCL 59-60-22
VAR 1595
THRIFT STORE
CUP 4144
RCL 6d]-39 CUP 3R9
CUP 2003-0416] CUP 2193
CUP 2002-04553 OLENOAKS
T-CUP 2001-0430] PLAZA
CUP dt75 SMALL
SHOPS
7
CL
RCL 57-56-52
CUP 1461
VACANT
GLENOAKS AVENUE
1 r~
CL
CL CUP 3576
RCL 57-58-5 CUP 754
VAR 2444
ADJ 0062
SM. COMM. SHOPS 8 OFFICES
cL
RCL fi4~fi5-132
CUP 1053
OPTOMETRIST
CL
RCL 57-56-52
VAR 2745
CALIFORNIA
STATE BANK
CL
RCL 2002-00082
RCL 80-61-07
(Res. of Int. 1o CO)
RCL 57-56-52
T-CUP 2002-04632
CUP 2002-04569
CUP 3637
CUP 3203
CUP 2782
CUP 2781
I~cua i2f RCL S3-54-27
V-1064 7 DU EACH
YNURSERY m l I I I I RCL 53-54-27
M
400 Z
CL
5959-104 4
RL
56-591041 RM-1400 ~ RM-2400
RCL 53-Sd-2] RCL 53.54-P RVAR31914] ~ RCL 53-54-27
SMALL SHOPS
&OFFICES VAR 269)
PT gpARTMENTS ~ APARTMENTS
4
D SDU 30U v
3 DU 2 DU RCL 53-54-27
- CATALPA DRIVE
CL--
56.59-104
RCL 53-50.2]
VAR 2109 S
RESTAURANT
CL
58.59-704
RCL 53-54-27
CUP 2629
CUP 1426
°ro RESTAURANT
m
CL
RCL 53-54-27
CUP 328]
VAR 4109
TACO BELL
W DRIVE-THRU
W f
~ 1d
I-
Ny
L~1a RM-1200
da 58-59-104
`~ RCL 53-54-27
~nm V-1361
APARTMENTS
nj~ 10 DU
°nUj
RM-1200
RGL 89-90.60
RCL 53-54-27
CUP 3266
DECK-TYPE APARTMENTS
66 DU
CL
59-fi0.8 CUP 1920
J o RCL 53.54-27 McDONALD'S
U CUP 3720 RESTAURANT
W
(CUP 505)..
N9 N j 1fi~)i
OAKS
VESS
TER
CL 606'
RCL 63-64-31 AR 18 8 S
59-fi0-06 VAR 1602
(Res. of Intent. to CH) EUCLID PROF.
RCL 53-54-27 BUILDING
RCL 65-66-23 I CL
RCL 53-54-27 RCL 66LI-31
ADJ 006] RGL 53-54-27
GATEWAY MEDICAL ADJ 006]
rcnrrro PARKING
RC158-54-27 ADJ 0067
CARBON CREEK CHANNEL (O.C.F.C.D.J
CL
RCL 53-54-27
CUP 3930
CUP 3833
CUP 3723
CUP 3763
CUP 3566
CUP 3756
PCN 2001-00001
PCN 2002-00006
ANAHEIM PLAZA
Conditional Use Permit No. 3900
TRACKING NO. CUP2003-04819
Requested By: GRIMMWAY DEVELOPMENT
RM-1200
RCL 53-54-27
260 DU
CL
56-67-08
RCL 53-54-27
CUP 81
- U.S. POSTAL SERVICE
ANAHEIM MAIN OFFICE
Subject Property
Date: January 26, 2004
Scale: 1" = 200'
Q.S. No. 52
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 JANUARY 22, 2004) TO RETAIN APREVIOUSLY-APPROVED
CHURCH IN AN EXISTING COMMERCIAL OFFICE BUILDING.
760 North Euclid Street, Suites 211-213 -The Church of the Rose
0
11as
-~ ' ~ 'CATHERINE DR ~ =~
4
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y
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5
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~= h x~ ~ ~r ,~ n ~d~ ~~ ~ ~T`,aa„ ^r: ~ ~'~~~~t 4- ~, ~ ., ~ ° ~ ,, re",3~'f~k .b'~sP~~~ ~n.,l
e
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k
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f
E cl ,. ..
`r~~~ ,+y
ITEM N0.
Staff Report to the
Planning Commission`
January 26 2004
Item No. 4<
4a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) (Motion)
4b. CONDITIONAL USE PERMIT N0. 3900 (Resolution) ,.
tTrackina No CUP2003-04819)
SITE LOCATION AND DESCRIPTION:
- (1) This irregularly-shaped, 1.6-acre property has a frontage of 10 feet on the east side of
Euclid Street, a maximum depth: of 606 feetand is located 380 feet south of the centerline
of Catalpa Drive (760 North Euclid Street,. Suites 211-213 -The Church of he Rose).'.
- REQUEST:
(2) The petitioner requests reinstatement of this permit by the modification or deletion of a
condition of approval pertaining to a time limitation (approved on March 15; 1999, to expire
:January 22;2004) to detain a church in an existing commercial office buildirg under
authority of Code Section 18.03:093.
BACKGROUND:
(3) This property is currently developed with two, 2-story commercial office buildings with a
total of 32,316 square-feet. The; property is zoned CL (Commercial, Limited) and is '
designatedby the Anaheim General Plan Land Use Element Map for General Commercial
land uses.
(4) Conditional Use Permit No. 3900 (to permit a church in an existing commercial office
building with waiver of minimum number of parking spaces (177 required; 130 existing) was
approved by the Commission on January 22, 1997, for a period of two (2) years. A request
for reinstatement wasapproved py the Commission do March 15, 1999, for a period bf five
(5) years, to expire on January 22, 2004. i
(5) The petitioner requests reinstatement of this permit to retain a church and amendment to
'condition no. 5 of.Resolution Nq`: PC99-52 which reads as follows:
"5. That this Conditional Use Permit shall expire on January 22, 2004." =
r DISCUSSION:
(6) Katie Munoz, property manager,. has submitted a letter of request to retain the church
..within the Glenoaks Business Center and to delete the condition of approval pertaining to a
(time limitation.
(7) In order to demonstrate that the findings required for the reinstatement of this use have
-been satisfied, the petitioner has submitted the attached "Justification for Reinstatement"
which indicates that no aspect of the operation has changed since the last approval; that
the physical property has remained the same, and that all conditions of approval pertaining
to Conditional Use Permit No. 3900 havebeen satisfied.
5~8684av.doc '
'Page 1
Staff Report to the
Planning Commission
January 26, 2004
Item No. 4
(t3) The Code Enforcement Division has submitted the attachedmemorandum, dated
December 11, 2003, regarding the current status of the property. The memorandum
documents that the petitioner is complying with allbf the conditions of approval end a
recent staff inspection confirms that this propertys being properly maintained. Furtheq
Code Enforcement Division records intlicate that there are no outstanding complaints
pertaining to this property.
(9) Staff feels that because the church has been operating in compliance with conditions of
' approval and has proven not o be dettimental to'the surrounding land uses that the
request for reinstatement should be approved and the request for deletion of the time
limitation should tie granted.'
ENVIRONMENTAL IMPACT ANALYSIS
(10) Staff has reviewed the proposal to reinstate Conditional Use Permit No: 3900 and finds no
significant adverse environmental impacts resulting from any changes. to the existing
projeck;Therefore staff recommends that the previously-approved Negative Declaration in,
connection with Conditional Use Permit No. 3900 serve as the required'environmental
documentation for this request upon a finding by the Commission thaf 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 findirig on the basis of the initial Study (a copypf which is
available for review in the Planning Department): and any comments received that there is
no substantial evidence thatthe project will have a significant effect on the environment.
GROWTH MANAGEMENT ELEMENT ANALYSIS
(11) '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 an 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 pertormed.
FINDINGS:
(12) Before the Commission grants any conditional use permit, it must make a finding bf fact
that the evidence presented shows thaf all pf the following conditions exist:
(a) That the proposed use is properlybne for which a conditional use permit is
authorized by the Zoning Code, or that said use is not listed therein as being a
permitted use;
(b} That the proposed use will not adversely affect the adjoining land' uses and the
growth and development of the area in which it is proposed to be located;
(c) That the size and shape of the site for the proposed use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particujar area
nor to the peace, health, safety, and general welfare;
(d) That the traffic generated by the proposed use will not impose an'undue burden upon
the streetsand highways designed and improved tobarry the traffic in the area; and
Page 2
a
Staff Report to the
Planning`CommissioR
January 26( 2004
'Item No, 4
(e) That the granting of the conditional use permit under the conditions imposed, if any,
will flot be detrimental to he peace; health; safety and general welfare of the citizens
of tfie City of Anaheim.
(13) Subsection 18.03.093.040 of the Zoning Code requires that before the Commission grants
reinstatement. of the approval, by extension of any time limitations for an additional period or
'periods of time, or such time limitation is deleted or modified, the. applicant must present
evidence to establish the following findings:'-
(a) The facts necessary to support each and every required showing for the issuance of
such entitlement as sefforth in Chapter 18.03 exist;
(b) Said' permit is being exercised substantially in the same manner and in conformance
with all conditions and;stipulations originally approved. by the approval body;
(c) Said permit is tieing exercised in a manner not detrimental to the particular area and
surrounding land uses; nor to the public peace; health' and safetyahd 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:
(14) Staff recommends that, unless additional or contrary information is received during the
hearing, aritl based upon the evidence submitted to the Commission, including the
evidencepresented irr this staffjreport, ahd oral and written evidence presented at the
'public hearing, the Commission`take the following actions:
(a) By motion, determine that the previously-approved Negative Declaration is ;
...adequate to serve as the'appropriate environmental documentation for this request.
(b) By resolution, approve this request to reinstate Conditional Use Permit No. 3900
(TrackingNo! CUP2003-04819) (without a time limitation) to retain'a church in an
existing commercial office building. based on the following:
(i) That this permit has been operating substantially in the same: manner as
originallyapproved by the Commission,: as evidenced by the Code
Enforcement Division inspection indicating compliance with all the conditions of
approval:
(ii) !That the permit is currently being exercised in a manner not detrimental to the
particulaE area andsurrounding land uses.
(iii) ;That there have been no changes to the applicable zone standards thafwould
invalidate the findings thatwere the basis for the original approval of this
permit.
(iv); That the`request to`retain a church at this location would not be detrimental to
the public peace; health and safety and general welfare.
(c) Shduld the Commission wish to approve this request, staff recommends that the
Commission ihcorpoFate the conditionsbf approval contained in Resolution Nos.
PC97-6 and PC99-57 into a new resolution with the following conditions of approval
:Page 3
Staff Report to the
Planning Commission
January 26, 2004.
Item No. 4
(Condition Nos. 6 through 10 are new conditions) based on the finding that the
modification is necessary to permit the reasonable operation of this church:
1'. That this church facility shall not include any child day care or pre-scfiool
activities.
2{ Thatahe granting of the parking waiver is contingent upon operation of the
use in conformance with the assumptions relating to the`operationland
intensity of use as contained in the parking demand study that formed the
basis far approval of said waiver. Exceeding, violating, intensifying br
otherwise deviating from'any of said: assumptions, as containedlfi the
parking demand study, sfiall be deemed a violation of the expressed
contlitions imposed upon aid waiver which shall subjecYthis waiver to
termination ormodification pursuanYto the provisions ofSections 1t3.03.091
and 18.03.092bf the Anaheim Municipal Code:
3 Thatall music within the control of the subject church sfiall not be audible to
the exterior of the subject suites no[ by any persons in the surrounding
suites.
4 Thatchurch meetings (other than normal office activities) shall not
commence prior to 6 p.mi, Monday through Friday, with' he exception of
national holidays.
5 That church attendance sfiall not exceed forty-five (45) members.
6.: Thatthere shall be no outdoor storage on site at any ime.
7: That no portable signage shall be utilized to advertise the church.
8.? Thaf no outdoor events shall be permitted.::
9.' That no required parking area shall be fenced or otherwise enclosed for
outdoor storage uses.
10. Thatahe property shall be permanently maintained irr 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.
1 f. Thatsubject property shall' be developed substantially in accordance with
plansi and specifications submitted to the City of Anaheim by the petitioner
and which plans. are on file. with the. Planning. Department market Exhibit Nos.
1 and. 2.
12: That approval of this application constitutes approval of the proposed request
only to the extent that it complies with the Anafieim Municipal Zoning Code
and'any other applicable City, State and Federal regulations. Approval does
not include anyaction or findings as to compliance or approval of the request -
regarding anyother applicable ordinance, regulation or requirement:
Page 4
ATTACHMENT - ITEM N0, 4
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 se[ forth in
the following excerpts from the Anaheim Zoning Code still exist:
18.03.030 (Relative to Conditional Use Permits)
Before the Cily Council or Planning Commission may grant any request for a conditional use permit, i[ 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 ltiis 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 That the size and shape of the site proposed for the use is adequate to allow the full development of the
proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general
welfare;
.034 That the traffic generated by the proposed use will not impose an undue burden upon the streets and
highways designed and improved to carry the traffic in the area;
.035 That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to
the peace, health, 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
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 [he particular area and surrounding land
uses, nor to the public peace, health, safety and general welfare; and
4. With regard only to any deletion of a time limitation, such deletion is necessary to permit reasonable operation under
the permit or variance as granted.
° In order to determine if such findings exist, and to assist the Zoning Administrator or Planning Commission to arrive at a
decision, please answer the following questions fully and as complete as possible. Attach additional sheets if additional
space is needed.
Has any physical aspect of the property for which this use permit or variance been granted changed significantly
since the issuance of this use permit or variance? ^ YES ®NO
Explain: The property is already ii~t i }~ day Pt nnarl
(over)
CASE NO.
P N0. -390
2. Have the land uses in the immediate vicinity changed since the issuance of this use permit or variance?
^ YES C$NO
Explain: The_area is fuliv developed
3. Has any aspect of the nature of the operation changed since the issuance of this use permit or variance?
^ YES ~ NO
Explain:_ No aspect of the nature of the nnara+' r,-~s s-k~anQed
since h isGnanrP of +h' ~gx:m~~
4. Are the conditions of approval pertaining to the use permit or variance being complied with? ]i'1 YES ^ NO
Explain: The conditions of a~provai ner+ai n;nq to +hP naP ~Prm;+
are being complied with The hu h of the RpGP ;G ar,ie
to operate under the conditions specified
5. If you are requesting a deletion of the time limitation
or variance? ~ YES j~ NO , is this deletion necessary for the continued operation of this use
Explain:
1 ~~ ~ C h vV G ~ /' L// n
d'r"
I N e (c-oS C' (,( /
~(~ Ce ~ tl
a~PV~i ytnr>(P/ ~2 G:Vy II
~Pini~ 1e p-P/w,~r % InPVc
Lt ave ~ee~, vto Vlo t'a at7,/' oY a v(Cl~ /J'vPJ !r-.
.1
LIE SP vr= 1-• yi P <r v./ r) -F a P e r K <~-. .
-s`P,1/1D/,1 P~i~~~Ylfr,c t:2l~t~ I ~ G
Mme of Property caner or Authorized Agenl (Please dnt)
Krn}-tz Nluvvr:z, ~hc~~-.t
Signbture of Property Owner or Author' d Agent Date
CASE NO. `" 3500
Z06225lK.DOC 12/97
2
ATTACHMENT - ITEM N0.4
MEMORANDUM
CITY OF ANAHEIM
Code Er forcemeat Division
DATE: December 11, 2003
TO: AMY VAZQUEZ, PLANNER
FROM: MARK DICKINSON, CODE ENFORCEMENT OFFICER
SUBJECT: 760 N. EUCLID ST.
On December 11, 2003, I conducted an inspection of the property located at 760 N. Euclid St.
The inspection was in regazds to a request for the reinstatement of C. U. P. #3900. I observed
that all of the conditions of the resolution aze being met and there are no cun•ent City of Anaheim
Municipal Code violations. The property is being maintained, in a neat and clean manner.
A review of Code Enforcement Records indicated, that since April 5, 1994 the Code
Enforcement Division has received nine citizen complaints for the property. Of those nine
complaints, seven were for illegal banners and the business (Grimmway Management Copany)
complied by obtaining a Special Events Permit, on each occasion. On September 18,1996, the
Code Enforcement Division received a citizen complaint that the Church of the Rose was
operating aNon-Profit Organization, without a C. U. P. and a Business License. On January 16,
1997, the Church of the Rose complied by obtaining a C. U. P. and a Business License. On
September 19, 2001, the Code Enforcement Division received a citizen comp]aint that there was
illegal dumping and a clogged drain, at the property. On October 29, 2001, the property owner
complied by fixing the drain and cleaning the azea.
If you have any further question, please contact me at ext. 4195.
Thank you.
ATTACHMENT - ITEM N0.4
RESOLUTION NO. PC99-52
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION _,
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO.3900, AND
AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC97-6,
ADOPTED THEREWITH
WHEREAS; on January 22, 1997, Resolution No. PC97-6 was adopted by the Anaheim City
Planning Commission to approve Conditional Use Permit No. 3900 and permit a 2,083 sq.ft. church in an
existing commercial office building with waiver of minimum number of parking spaces on property located
at 760 North Euclid Street, Suites 211 and 213 (The Church of the Rose); and
WHEREAS, said Resolution No. PC97-6 includes the fallowing condition of approval;
5. That subject Conditional Use Permit shall expire two (2) years from the date of this
resolution, on January 22, 1999, and that prior to approval of any requested time
extension, consideration shall be given to the stated characteristics of operation that are
unique to this particular church.
WHEREAS, this property is developed with two 2-story commercial office buildings totaling
32,316 sq.ft., including subject church in Suites 211 and 213, in the CL (Commercial, Limited) Zone; and
that the Anaheim General Plan designates this property for General Commercial land uses; and
WHEREAS, the petitioner has requested reinstatement of this conditional use permit to
retain the 2,083 sq.ft. church in Suites 211 and 213 of the existing commercial office building pursuant to
Code Section 18.03.093 of the Anaheim Municipal Code; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on 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 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 use proposed to be reinstated is properly one for which a conditional use permit
is authorized by Zoning Cade Section 18.44.050.130.
2. That the proposal, as amended, will not adversely affect the adjoining land uses and the
growth and development of the area in which it is located; and that the nature of the use has not changed
since this conditional use permit was originally approved.
3. That the size and shape of the site for the proposal is adequate to allow full development
of the use in a manner not detrimental to the particular area nor to the peace, health, safety and general
welfare.
4. That the traffic generated by the use will not impose an undue burden upon the streets
and highways designed and improved to carry the traffic in the area.
5. That granting this reinstatement, under the conditions imposed, will not be detrimental to
the peace, health, safety and general welfare of the citizens of the City of Anaheim.
6. That this church use is being exercised in substantially the same manner and in
conformance with all conditions and stipulations originally approved by the Planning Commission.
7. That this church use is being exercised in a manner not detrimental to the area and
surrounding land uses, nor to the public peace, health, safely and general welfare.
CR3575MS.DOC -1- PC99-52
8. That no one indicated their presence at the public hearing in opposition to the
reinstatement; and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to retain the 2,083 sq.ft. church in an existing
commercial office building on property consisting of 1.59 acres having a frontage of 1 foot on'the east side
of Euclid Street, a maximum depth of 606 feet, being located 380 feet south of the centerline of Catalpa
Drive and further described as 760 North Euclid Street, Suites 211-213 (The Church of the Rose); and
does hereby find that the Negative Declaration previously approved in connection with Conditional Use
Permit No. 3900 is adequate to serve as the required environmental documentation in connection with this
request upon finding that the declaration reFlects the independent judgment of the lead agency and that it
has considered the previously-approved Negative Declaration together with any comments received
during the public review process and further finding on the basis of the initial study and any comments
received that there is no substantial evidence that the project will have a significant effect on the
environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby amend Resolution No. PC97-6, adopted in connection with Conditional Use Permit No. 3900, to
reinstate this conditional use permit and to amend Condition No. 5 therein to read as follows:
5. That this Conditional Use Permit shall expire on January 22, 2004.
AND BE IT FURTHER RESOLVED that the Planning Commission does hereby add the
following new condition:
11. That within a period of two (2) months from the date of this resolution, the owner of
subject property shall submit a letter requesting termination of Variance No. 1716 (to
waive the maximum area of afree-standing sign and maximum sign height) to the Zoning
Division.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
March 15, 1999.
(Ori~inzl signed by ~!~^hen W. Bristol!
CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
!Original signed 6y 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.
(Original ei~^e~';a~ Margarita Solorio)
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-2- PC99-52
ATTACHMENT - ITEM N0.4
RESOLUTION NO. PC97-6
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 3900 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Prange, State of
Cal'rfornla, described as:
PARCEL 1 OF PARCEL MAP 90-281, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 262,
PAGES 13 AND 14 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on January 6, 1997 at 1:30 p.m., notice of said,public hearing having been duly given
as required by law and in accordance wfth 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 that saki public hearing was continued
to the January 22, 1997 Planning Commission meeting; and
WHEREAS, said Commission, after due Inspection, investigation and study made by itself
and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find
and determine the following facts:
1. That the proposed use is properly one for which a condftional use permit is authorized by
Anaheim Municipal Code Section 18.44.050.130 to permt a church In an existing commercial office building
wRh waiver of the following
Sections 18.06.050.0212 - Minimum number of parkina spaces
18.06.050.0266 177 required; 130 existing and recommended for approval by
18.06.080 the City Traffic and Transportation Manager)
and 18.44.066.050
2. That although the legal advert(sement for this conditional use permit indicates that the
property frontage on the east sWe of Euclid Street is 125 feet, the correct frontage fs one (1) foot;
3. That subject property is currently developed with two, 2-story commercial office buildings
totaling 32,216 sq.ft. in the CL (Commercial, Umited);
4. That subject pettion was filed is a resuR of a notice of vitiation being issued by the Planning
Department, Code Enforcement Division, for operation without a conditional use permit;
5. That the parking waiver, under the conditions Imposed and as idenYrfied in the submitted
parking study, will not cause fewer off-street parking spaces to be provided for such use than the number
of such spaces necessary to accommodate all vehicles attributable to such use under the normal and
reasonably foreseeable conditions of operation of such use because the existing Glenoaks Business Center
has more than adequate on-site parking spaces to accommodate both the proposed Church of the Rose
and the office tenants, the parking lot design properly eliminates potential traffic circulation congestion, and
the parking lot entrance is contrdled by a traffic signal to facilitate safe traffic access onto Euclid Street;
CR281 ODM.WP -1- PC97~
6. That the waiver, under the condtions imposed and as Identified in the submitted parking
study, will not increase the demand and competition for parking spaces upon the public streets In the
immediate vicinity of the proposed use; _ .. __
7. That the waiver, under the condtions imposed and as identified in the submitted parking
study, will not increase the demand and competition for parking spaces upon adjacent private property in
the immediate vicinity of the proposed use (which property is not expressly provided as parking for such
use under an agreement in compliance wfth Section 18.06.010.020 of this Code) because no evidence of
church and/or office related parking encroachment onto the adjacent apartment complex was observed and
the parking lots for the two adjacent fast food restaurants are physically separated from the subject business
center to eliminate potential parking encroachment;
e. That the waiver, under the conditions imposed and as identified in the submitted parking
study, will not increase traffic congestion within the off-street parking areas or lots provked for such use
because subject business center, the surrounding apartment complex, and two restaurants share a
signalized driveway on Euclid Street which provides safe and efficient access for the combined traffic of
these uses;
9. That the waiver, under the conditions Imposed and as kJenfrfied in the submitted parking
study, will not impede vehicular Ingress to or egress from adjacent properties upon the public streets in the
immediate vicinity of the proposed use;
10. That the proposed use is properly one for which a conditional use permit is authorized by
the Zoning Code;
11. That the proposed use will not adversely affect the adjoining land uses and the growth aril
development of the area in which it is proposed to be located because the proposed church assembly hours
do not conflict with the business hours for. the existing offices on subject property and that the church use,
as conditioned, will be compatible wfth the existing surrounding uses;
12. 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;
13. 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;
14. That the granting of the condftional use permft, under.the. conditions lmposed,_will not be_..
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim; arxi
15. That no one Indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL OUAUTY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to permit a church in an existing commercial office building with
waiver of minimum number of parking spaces on an Irregularly shaped parcel consisting of approximately
1.59 acres, having a frontage of approximately 1 toot on the east side of Eucid Street, having a maximum
depth of approximately 606 feet, being located approximately 380 feet south of the centerline of Catalpa
Drive and further described as 760 North Euclid Street, Suftes 211-213; and does hereby approve the -
Negative Declaration upon finding that the declaration reflects the Independent judgement of the lead agency
and that rt 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 arxi any comments received that there
is no substantial evidence that the project will have a significant effect on the environment.
-2- PC97-6
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby
found to be a necessary prerequlsfte 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 church facility shall not Include any child day care or pre-school activities.
2. That the owner of the subject property shall submit a letter requesting termination of Variance No. 1716
(to waive the maximum area of afree-standing sign) and Conditional Use Permit No. 505 (to establish
_ a theater and two story office buildings) to the Zoning Division.
3. That the granting of the parking waiver is contingent upon operation of the use In conformance with
the assumptions relating to the operation and intensity of use as contained in the parking demand
study that formed the basis for approval of said waiver. Exceeding, violating, intensifying or otherwise
deviating from any of said assumptions, as contained in the parking demand study, shall be deemed
a violation of the expressed condftions Imposed upon said waiver which shall subject this waiver to
termination or modification pursuant to the provisions of Sections 18.03.091 and 18.03.092 of the
Anaheim Municipal Code.
4. That any music within the contrd of the subject church shall not be audible to the exterior of the
subject suites nor by any persons in the surrounding suites.
5. That subject Condidonai Use Permit shall expire two (2) years from the date of this resolution, on
January 22, 1999, and that prior to approval of any requested time extension, consideration shall be
given to the stated characteristics of operation that are unique to this particular church.
6. That church meetings (other than normal office activities) shall not commence prior to 6 p.m., Monday
through Friday, wfth the exception of national hdidays.
7. That church attendance shall not exceed forty five (45) members.
8. That subject property shall be developed substantially In accordance with plans and specifications
submitted to the City of Anaheim by the petitioner arxl which plans are on file with the Planning
Department market Exhibit Nos. 1 and 2.
9. That within a period of thirty (30) days from the date of this resolution, Condition No. 2, above-
mentioned, shall be complied wRh. Extensions for further t(me to complete said cortdiuon may be
granted in accordance with Section 18.03.090 of the Anaheim MunlclpaLCode.
10. That approval of this application constitutes approval of the proposed request only to the e~deM that
R complies with the Anaheim Municipal Zoning Code and any other applicable City, State ark Federal
regulations. Approval does not Indude any action or flndings as to compliance or approval of the
request regarding any other applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the Anaheim C'dy 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.
~_ PC97~
THE FOREGOING RESOLUTION was adopted~at the/Planning Commission meeting of
January 22, 1997. ,~° "-{'-'V
CHAIRPERSON ANAHEIM CITY PLANNING COMMISSION
ATTEST:
t2+~ ~ S~~o~ .
SECRETARY, A`N~HEIM 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 January 22, 1997, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, MAYER, MESSE, PERAZA
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day Cf /~~~~,
1997.
SECRETARY, AHEIM CITY PLANNING COMMISSION
-4- PC97-&
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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.
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Parcel 1:2721 West Lincoln Avenue and Parcel 2: 2720 West Lincoln Avenue
Staff Report to the
Planning Commission
January26, 2004
Item No. 6`
6a. CEQA NEGATIVE DECLARATION
6b. WAIVER OF CODE REQUIREMENT
6c. CONDITIONAL USE PERMIT NO. 2003-04816 ! (Motion for continuance)
SITE LOCATION AND DESCRIPTION:
(1) Parcel 1: This rectangularly-shaped 4-acre parcel has a frontage 265 feet on the north side
of Lincoln Avenue, a depth of 646 feet and is located 210 feet west of the centerline of La
Reina Circle (2721 West Lincoln Avenue).
Parcel 2: This rectangularly-shapetl 1.8-acre parcel hes a frontage of 132 feet on the south
side of Liricolh Avenue; a depth of 600 feet and is located 587 feet west of the centerline of
Stinson Street (2720 West Lincoln Avenue)'..
REQUEST:
(2) The petitioner requests: approval of a conditional use permit under authority of Code Section
J 8.21.050.215 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 feet permitted; 8 feet proposed).
(b) SECTION NO. 18.21.063.010' - Minimum front vard setback
25 feet required; 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
Redevelopmeht Project Area. The General Plap Land Use Element Map designates the
properties for General Commercial and Medium Density Residential land uses
(4) This item was continued from the January 12, 2004, Commission meeting at the request of the
applicant. The applicant has submitted the attached letter dated February 9; 2004, requesting
an'adtlitional two-week continuance to submit revisedlandscape plans.
RECOMMENDATION:
(5) Thaf the Commission, by motion, continue thisYequest to the February 9, 2004, Planning'
Commission meeting.
sr1140cw.doc'
Page 1
ATTACHMENT - ITEM N0. 6
~S ~Il ~ ~~~°Il~
MECHANICAL & ELECTRICAL ENGINEERS
January 8, 2004
City of Anaheim
Planning and Zoning Division
200 South Anaheim Blvd, Suite 162
Anaheim, CA 92805
~i
i
,p~1260'~
p~pNN~NG
OEPARTMENt
Attention: Charity Wagner
RE: Recreational Vehicle Storage Facility (Firststar RV Storage)
CUP# 2003-04816
Dear Charity:
We would like to request a continuance from the proposed January 12, 2004 Planning
Commission meeting to the scheduled February 9, 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 a-mail letter dated 12/29/03.
We appreciate your consideration and approval of this request and look forward to
presenting our project on February 9, 2004.
Please call our office if you have any questions.
Sincerely,
W. Clifford Ishii, f. NSPE
cc: Don Rivers, Jon Cicchetti
1'PMM NU. 7
6fi 67-14
gfi 67-17 _._.
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Conditional Use Permit No. 20p3-04808 Subject Property
Date: January 26, 2004
Scale: 1" = 200'
Requested By: SARKIS TATARIAN Q.S. No. 96
REQUEST TO RETAIN AN AUTOMOBILE AUDIO SYSTEM INSTALLATION FACILITY WITH ACCESSORY
RETAIL SALES WITH WAIVER OF M9NIMUM NUMBER OF RE QUIRED PARKING SPACES.
618 East BaII Road - Audioland 114s
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Staff Report to the
Planriing Commission
January 26, 2004
i Item No:7
7a. CEOA NEGATIVE DECLARATION (Motion)
7b.' WAIVER OF CODE REQUIREMENT (Motion)
7c:: CONDITIONAL USE PERMIT N0; 2003-04808 (Resolution)
SITE LOCATION AND DESCRIPTION:
- (1) This rectangularly-shaped, 0.88-acre property has a frontage of 204 feet on the south side
of Ball Road, a maximum depth of 179 feet and is located 220 feet eastof the centerline of
Allec Street (618 East Ball Road - Audioland).
;:.REQUEST:
(2) The petitioner requests approval of a conditional use; permit under authority of Code
Sectiorc 18.61.050:070 to retainan automobile audio: installation facility with accessory
retail sales with waiver of the following:
SECTION NOS 18:06.050.0222 .Minimum number of parkino spaces
AND'18:61:066:05p (64 required; 58 existing and; proposed,
end recommended bythe City;Traffic
and Transportation Manager)
BACKGROUND:
`, (3) This property is developed with'one industrial building containing two tenants, is zoned ML
(Limited Industrial)'ahd is designated for General Industrial land uses on the Anaheim
General Plan Land Use Element Map. The Anaheim General Plan Land Use Element Map
further designates atl surrounding properties for General Industrial land uses.
PREVIOUS ZONING ACTIONS:
(4) `The following zoning actions pertain to this property::
{a) Conditional Use Permit No`2246 (to permit the retail sale of automobile parts in the ML
Zone) was approved by the Planning Commission on August 10, 1981.
(b) Conditional Use Permit Na 2858 (to retain an auto repair facility at 618 East Ball Road)
was approved by the Planning Commission ohNovember90, 1986.
(c) Conditional Use Permit No.' 3476 (to permit the sales of motorcycles in conjunction with
an existing motorcycle repair facility with waivers of: a) minimum number of parking
spaces and b) permitted encroachments into required yards) was approved by the
Planning Commission on January 13 1992.
Sr5079jr
Page 1
Staff Report to the
Planning Commission
January 26(2004
Item. No. 7
DEVELOPMENT PROPOSAL:
(5) This request was initiated as a result of a Code Enforcement Division: request fpr service
regarding operating the existing business without a conditional use permit. The petitioner is
proposing to retain an existing automobile audio'installation facility with accessory retail i
sales within a portion of an existing building. The remaining portion of the building contains
the business andindoor parking area for the Flamingo Theater, which currently has
submitted an application to the Business License Division for review and approval of a Sex
Oriented Business (SOB) permit.
(6j The site plan (Exhibit No. 1) indicates an existing 12,700 square foot building on the
property that is divided by a 2-hour fire rated waq. The site desion and layout as indicated
on the site plan demonstrate the siteeffectivel~ functions as two (2P separate ~rooerties
the Flammoo Theater on the east oorhon of the property and Audtoland on the west portion
of the property. >Each busmess has onmarv access to'Balf Road separate entryways
separate samtahon (trash) service areas and sebaratebarkino areas servicing'each use ,
The site plan further indicates the existing building has the following structural and
landscaped setbacks:
`°° ~ . ; Exis4ing`;BUitdtng!'-: ,,,-Gode=Requited, :God's=Required- .;
Direction j -Landscape Setback. ~~ Building'Setback Lanilscaped~°~~<,
North (abutting Ball 55 feet to building ~ 50 feet abutting~an Minimum 10 feet
Road r 7-24.5feetoflandsca in " ..arterial hi hwa` oflandsca in
East ; 52 feet to building. and.
no lantlsca in none none
South
none none ::none
West 50.66 feet to building and
no landsca in 'none 'none
*`The existing landscaping is legal non-conforming.
(7) Vehicular access is provided,by two existing driveways adjacent to Ball Road and one exit
driveway to an adjacent alley along the west side of the property. The site plan: indicates a `
total of 58 parking spaces on the property. Code requires a minimum of 64 spaces for the'
entire property based upon the following:
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Flamin o Theater NA atrons Max. of 65 atrons 26
0.8 paces/number of
Flamingo Theater NA employees (Maz. of 15 12
em to es
' 3.5 per 1,000 s.f~'of GFA
Automotive Uses 4160 ! 14.6
5.5 per 1,000 s.f; of GFA
Accesso Retail Sales 2,112 11 g
Total 6272
64.2"
"The proposed facility requires only 26 of the total of 64 spaces.
Paget
:Staff Report to the '
:`Planning Commission
January 26, 2004
'item No. 7
(B) The floor plan (Exhibit No. 2) indicates thebuilding (excluding the Flamingo Theater)
' contains a 4,160 square foot audio system!installatioh shop and a 2,112 square foot
accessory retail sales store. The floor plan also indicates men's and women's restrooms,
:office, waiting room for customers, and a storage area.
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View o ,the building from t e west.
,` (9) Photographs and site inspections indicate an existing 18-foot high concrete tilt-up building
'with a smooth finish,`painted beige. Large storefrontwindows are located along the north
`and west elevations, with green'vinyl awnings above both bay floor entryways into the
installation'area on tFie west elevation. The main entrance for customersiis on the north
`elevation leading into the retail sales area!. No exterior modifications areproposed as part
'of this application.
(10) The site plan and staff inspections indicate a 7-24.5-footwide landscaped setback adjacent
to Ball Road with a ptal of 5 mature palm trees. An'additionafsix (6) palm trees are
located within planter areas adjacent to the north elevation of the building: A smallbox
;planter extends along the IengtH of the store front underneath the windows along the west
`elevation. !This building was constructed prior to the'Code provision requiring parking lot
:'landscaping and therefore, nolandscaping exists within the parking lot. Code requires a
total of 10'lrees for this 204-foot wide property based on the requirement of 1 tree per 20
'feet of street frontage. The letter of operation and staff conversations with the petitioner
' indicated that new landscaping .has recently been installed. Staff observations indicate on-
site landscape is in good condition and isbeing properly maintained. No new landscaping
is proposed as part: of this application.
' (11) Sign plans (Exhibit Nos. 3-6) indicate two (2) existing 120 square-foot wall signs on he
-north and west elevations and'one (1) existing 18-foot high (BOsquare feet of sign. area)
freestanding pole sign. Code permits wall. signage not to exceed 10 percent of each
building elevation and one maximum 10-foot wide by 8-foot high, 65 square foot double-
:'. faced monument sign for the entire property. Codewould allow 93 square feet of wall
'signage along the petitioner's portion of the north elevaticn (52' x 18' = 936 (10%) _..93.6
square feet) and 676 square feet of wall signage along the west elevation (130 x 18 = 6,760
F(10%) _ 676 square feet). No new signsare proposed as part of this application. ?
'Page 3 '
StaffReport to the
Planning Commission
January 26, 2004
Item. No. 7
(12)' The submitted letter of operation indicates the existing hours of operation for the
automobile audio. system installation facility are 10 a.m. to 7 p.m., Monday through
Saturday, and 10 a.m. to 5 p.m., on Sunday. There are a total of six(6) employees at the
facility {two (2) of which are the owners). The front portion'of the building is used for
display. and sales, with the rear portion being utilized for storage and'installation_ The fetter
indicates the business provides installation service of major audio systems for automobiles
- -not small retail systems that would generally be installed by the customer. Tfte majority
of the facility's retail sales are included as part of the installationservice. All installation
takes place inside the building.
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, herefore, s
recommends thaf a Negative Declaration be approved upon a finding. by the Planning
Commission that the Negative Declaration reflects the independent jutlgmenPof 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 ri-~
Initial Study and any comments received that there is no substantial evidence that the
project will have a significant effect onzthe environment.
GROWTH MANAGEMENT ELEMENT ANALYSIS•
(14) The proposed project has been reviewed by affected City departments to determine
whether it conforms to the City's Growth Management Element adopted by the City Council:
on March 17, 1992. Based on City staff review of the proposed project, it has been
determined that this project does not fi$within thescope necessary to require a Growth
Management Element analysis, therefore, no analysis has been performed.
EVALUATION:
(15) Code permits automobile audio systeminstallation businesses with accessory retail sales
in the ML Zone subject to approval of a`conditional use permit.
(16) r The requested waiver pertains to minimum number of parking spaces.: Code requires a
minimum of 64 parking spaces for the automobile audio installation facility on the property
as described inin paragraph no. (7) of this report and 56 spaces are existing and proposed
The petitioner has!prepared and submitted a parking letter,,tlated January 16,2004, to
substantiate the requested parking waiver. The City Traffic'and Transportation Manager
has reviewed the parking analysis and has determined thatthe existing number of spaces
is sufficient for this use.
(17) ;The parking analysis also indicates the following find(ngs to justify the 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'accommddate all vefticles attributable to such use under the normal and
reasonable foreseeable conditions of operation of such` use:
The parking letter indicates that the peak parking demand of four (4) spaces for off-
street parking is substantially lower than thetwenty-two (22) spaces provided for on
site:
Page 4
Staff Report to the
Planning Commission
January 26, 2004
Item No: T
(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
theproposed use:
The proposed project will not increase or compete for on street parking because its
parking lot has more thanadequate parking to accommodate installation facility's peak
parking demand:
(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 into other parking facilities because the
project's parking lot provides ample parking asi indicated in the parking analysis.
(d) That the variance, under the conditions imposed, if any, will not increase trafrid
congestion, within the off-street parking areas or Tots provided for such use:
Traffic and parking congestion will not occur because the supply of parking spaces for
the project site,is anticipated to be only 18% occupied during the peak parking;
demand period.
(e) That the variance, under the conditions imposed, if any, will not impede vehicular
:ingress to oregress from adjacent properties upon the public streets in the immediate
vicinity of the proposed use:
The automobile audio system installation facility is physically separated from the
adjacent private properties: Therefore, there will be no impeding of traffic access into
or out of adjacent parking)ots."
(18) Three (3) conditional use permits for similar types ofpses have been approved by the
Planning Commission for operation at this Iccation (retail sale of automobile parts, auto
,:repair facility; and sales of motorcycles imconjunction with a motorcycle repair facility). The
request before the Commission today is less intense than these previously approvetl uses,
and staff feels that retaining the use would not have a negative impact on the surrounding
:'.land uses based on the fact that the business activity takes place entirely indoors. The use
is also compatible with surrounding uses.
(19) The existing on-site pole sign has been permitted and therefore is legal nonconforming.
Changes,to the copy of the sign: would note. require compliance. with the Code pertaining to
monument/freestanding signage. Of the two (2) wall signs, the sign on the north elevation
exceeds the maximum size (93.6 square feet) allowed by Code. The City approved two (2)
wall signs;in these locations in 1996; however, the size of boththe approved signs was 80
square feet each, and the permits expired and no inspections were made. Staff has
included a' condition bf approval requiring hat the owner/petitioner obtain permits for both
of these wall signs, and that the sign on the north elevation be brought into compliance with
the Code.
(20) Staff has recommended specific conditions of approval pertaining to window signage,
landscaping, site maintenance and operation consistent with similar uses approvedby the
Commission. As conditioned; staff feels hat the proposed automobile audio system
Page 5
Staff Report to the
Planning Commission
January 26,' 2004
Item No. 7
installation business with accessory retail sales is appropriate at this location, and
recommends approval of this requesti
FINDINGS:
(21) Section 18.06.080 of the parking ordinance sets forth the following findings, which are
requiretl to be made before a parking waiver isapproved by the Commission: z
(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 ofsuch spaces
`necessary o accommodate all vehiclesattributable'to such use under the normal and
reasonably foreseeable conditions of operation of such use; and
(b} That the waiver, under' the conditions imposed, if any; will not increase the demand
and competition for parking spaces upon the publid'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
end competition for parking spaces uporcadjacent private property in the immediate
vicinity of the propbsetl 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, if any,?will not impede vehicular
ingress to or' egress from adjacent properties upon the public streets in the immediate
vicinity of the proposed use.
Unless conditions o the contrary are ezpressiy imposed upon the granting of any waiver
pursuant to this Section by the Planning Commission or City Council„the granting of any
such waiver shatl'be deemed contingent upon operation of such use in conformance with
the assumptions relating ffi`the operation and intensity of the use as contained in the
parking demand study that formed the`basis for approval of said waiver. Exceeding,
violating, intensifying or otherwise deviating from any of said' assumptions as contained in
the parking demand study shall be deemed a violation of the express'conditionslmposed
upon said waiver which shah'subject said waiver to termination or modification pursuant to
the provisions of Sections 113.03.091 and 18:03:092 of this Code.
(22) Before the Planning Commission grants any conditional use?permit, it must make a finding
of fact that the evidence presented shows that alf of the following conditions exist:
`; (a) That the proposed use is properly one for which a conditional use permit'is
authorized. by the Zoning Code'or that said use is not listed therein as being a
'permitted use;
(b) That the proposed use will not adversely affect the adjoining land uses and the
growth and'development of the`area in which it is proposed to be located;
(c) That the size and shape of the site for the proposed use is adequate to allow the full
development of the proposed use in a manner not detrimental tb the particular area
nor to the peace, health, safety, and general welfare;
Page 6
Staff Report to the
Planning Commission
January 26, 2004
Item No: 7
(d) That the traffic generated by the proposed use will not impose an undue burden '
upon the streets and highways tlesigned and improved to carry the traffic to the
area; and
°(e) That the granting of the conditional use permit under the conditions imposed; if any,
will`not be'detrimental tb the peace, health, safety and'generaf welfare of the:
citizens of the City of Anaheim.
r RECOMMENDATION:
(23) Staff recommends that, unless additional or contrary information is received during the
meeting, and based upon the evidence submitted to he Commission, including the
evidence presented in this staff report, and oral and written evidence presented at the
'.public hewing, the Commission take the following actions:
(a) By motion, approve the CEQA Negative Declaration.
(b) By motion, aoordve the waiver pertaining to minimum number of parking spaces based
on the findings'cbntained in the parking letter 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: letter has'determined that there is an adequate
supply of parking spaces for the automobile audio system installation business with
accessory retail`sales, and'based on the following:
(i) That the waiver, under the conditions imposed, and based upon: the conclusions
'contained'in the submitted parking letter, would not cause fewer: off-street parking
i spaces tobe provided than neetled to accommodate the automobile audio system
jhstallation'business with accessory retail'sales as the facility does not generate
`parking demand typical of other}etail service businesses.
(ii) That the waiver, under the conditions imposed, would not increase the demand
rand competition for parking spaces upon the public streets and adjacent private
property in the immediate vicinity of the proposed use.
(iii) That the waiver, under the conditions imposed, would: not increase traffic
cbngestion'within the off-streetparking areas or lots provided for such use.
(iv) That the waiver, under the conditions imposed, would not impede vehicular
ingress to'or egress from adjacent properties, upon: the public streets in the
immediate vicinity of the proposed use.
(c) ey resolution, aoorove Conditional Use Permit No. 2003-04808 (to retain an automobile
auriio installation facility with accessory retail sales), based on the following:
(i) ; That the proposed automobile audiosystem installation business with
accessory retail sales is properly one for which%a conditional use permit is
authorized: by the Zoning Code and as conditioned herein, complies`with afl
the requirements set forth' in the Zoning Code..'.
(ii) That the proposed business as conditioned herein, would: not adversely
affect the adjoining land 5ses and the growth and development of the area
in which it is proposed to be located because the site is surrounded by other
compatible businesses and all activity occurs entirely within the building.
Page 7
Staff. Report to the
Planning Commission
January 26,'2004
Item No. 7
(iii) That the size and shape of the site for the automobile`audio system
installation business with accessory retail sales is adequate to allow the full
development of the proposed use in a manner not tletrimentat fo the
particular area's peace, health,'safety, and general welfare.
r(iv) That the granting of Conditional Use Permit No. 2003-04808, as'conditioned
herein, would not be detrimental tb the peace, health,; safety and general
welfare of the citizens of the Cityof Anaheim.
THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITYDEPARTMENTS ACTING AS
AN 1NTERDEPARTMENTAL COMMITTEEAND ARE' RECOMMENDED FOR ADOPTION BY THE
PLANNING'COMMISSIONJN THE EVENT THAT THIS'PERMITJS'APPROVED.
1. That window signage shall not be permitted,'.
2. That the owner/petitioner shall obtain permits for the wall signs od the north'and west elevations,
and that the sign on the north elevation shall be reducetl in size to comply with the Code. Said '
information shall be specifically shown on plans submitted for Zoning Division approval. Any
decision made by the Zoning Division regarding said signage may.. be appealed to the Planning
Commissional a Reports and Recommendations items
3. That an additional four (4) minimum 24-inch box sized or 8-10 foot brown trunk height (BTH) palm
trees shall be installed within the existing landscaped area along Ball Road. r
4. That the nortfterly bay door on the west elevation shall not be usetl for access to the
installation/storage portion of the facility as the area in front of the'door is striped for required
parking.
5. That a valid business license shall be obtained from the; City of Anaheim, Business License
Division.
6. That no required parking area shall be fenced.. or otherwise enclosed or used for outdoor storage
uses.
7. That the trash storage area shall be refurbished with the installation of gates'and painted to
comply with approved plans on file with the Public Woks Department.
8. That the property shall be permanently maintained in ah orderly fashion by providing regular
landscape maintenance, removal bf trash or debris, and removal'of graffiti within twenty-four (24);
hours from time of occurrence.
9. That any tree and/or landscaping planted on-site shall tie replaced in a timely manner in the event
that it is removed, damaged,; diseased and/or dead.
10. That customer. parking spaces shall be striped and clearly marked for "customer parking only",
and at no time'shall customer vehicles be stacked, doutile parked,br left standing irttandem in
front of, oradjacent to the buildings.
11. That 4-foot high address numbers shall be displayed on the roof im a contrasting color to the roof
material. Thehumbers shall not be visible from the view of the sheet or adjacent properties.
Said: information shall bespecifically shown on plans submitted for Policebepartment,
Community ServicesDivision approval.
12. That there shall be no vehicle dismantling permitted on the premises.
Page 8 '
!Staff Report to the
Plann ing Commission
`January 26,2004
Item No. 7
13: That no amplified sound systems shall be utilized outside the building:
14: That the hours of operation: shall be limited to 10'a.m. to 7 p.m., Monday through Saturday, and
10 a:m. to 5 p.m; on Sunday.
15 That a maximum of six (6) employees (inclusive of business owners),: shall be allowed on site at
any time.
161 That the parking lot serving,the premises shall be equipped. with lighting of sufficient power to
illuminate and make easily discernible the appearance and'conduct of all persons on or about the
parking lot. Said lighting sftall be directed, positioned and'shielded ih such a manner so as not to
unreasonably illuminate the windowsbf nearby residences:: Said information shall be specifically
shown on plans submitted for Police Department, Community Services Division'approvaL'
1?' 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 do file
with the Planning pepartment marked. Exhibit Nos.1 through 6, and as conditioned hereina
18: That an Emergency Listing Card, Form APD-281', shall be completed and filed with the Police
Department.
19., That the storage or overnight parking of vehicles, vehicle parts, orbusiness-related materials and
all work on vehicles shall be confined'entirely to he interiorbf the buildings. Absolutely no'
vehicular body work, painting or 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 building.
20: That the property owner shall submit a letter requesting termination of Conditional Use Permit No.
2246'(to permit the retail sale of automobile parts in the ML Zone), Conditional lJse Permit No.
2858. (to retain an auto repair facility at 618 East Ball Road), and Conditional Use Permit No.
3476 (to permit the sales of motorcycles in conjunction witfi an existing motorcycle repair facility
with waivers of: a) minimum number of parking spaces and b) permitted encroachments into
required yards) to the Zoning Division::
2L' That no special events shall be permitted.
22.i That within sixty (60 days from the date of this resolution, Condition Nos. 2, 3, 5, 7, 10, 11 16, 17,
18 and'20, 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.
23. That approval of this application constitutes approval of the'proposed'request only to the extent
that if complies with the Anaheim Municipal Zoning Code ahd any other applicable City, State and
Federal regulations. Approval does not include any action: dr flndings'as to compliance or
approval of the request regarding any other applicable ordinance, regulation or'requirement.
Page 9
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LINCOLN AVENUE
Conditional Use Permit No. 2001-04430 Subject Property
TRACKING NO. CUP2003-04821
Tentative Parcel Map No. 2001-157 Date: January 26, 2004
TRACKING NO. SU62003-00010 Scale: 1" = 200'
Requested By: CU V. NGUYEN Q.S. No. 102
0
REQUEST FOR A RETROACTIVE EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL
TO CONSTRUCT 3 DETACHED CONDOMINIUM RESIDENCES AND TO RE-ESTABLISH AONE-LOT
CONDOMINIUM SUBDIVISION.
TO CONSTRUCT 3 DETACHED CONDOMINIUM RESIDENCES.
203 North Coffman Street
1144
1'1'N,M iVV
Staff Report to the
Planning Commission
January 26; 2004
^ltem No: i3'
8a. CEQA NEGATIVE DECLARATION (Motion)
8b. CONDITIONAGUSE PERMIT NO. 2007=04430 (Motion);
(TRACKING NO: CUP2003-04821)
Sc. 'TENTATIVE PARCEL MAP N0.2001-157 'r (Motion)
(TRACKING NO. SUBTPM2003-00010)
SITE LOCATION AND DESCRIPTION:
(1) This rectangularly-shaped, 0.27-acre property has a frontage of 61 feet on the west side of
Coffmarr Street, has a maximum depth of 194 feet and is located 430 feeCnorth of the
centerlineof Center:Street(203 North Coffman Sheet).
REQUEST:
The petitioner requests approval of the following:
(2) (a) A retroactive extension of time to comply with conditions of approval for aone-lot
condominium subdivision to construcf3 detached condominium residences with
waiver's of: a) maximum structural height and b) required landscaped setback adjacent
to asingle-family zone under authority of Code Section 18.03.090.
(b) Re-establishment of a one-lot condominium subdivision to construct 3 detached
condominium residences under authority of Code Section+18.31.050.090.
BACKGROUND:
(3) This property is vacant and has been zoned RM-3000 (Residential, Multiple-Family) since
November 2002. The Anaheim General Plan Land Use Element Map designates this
property for Low-Medium Density Residential land uses and further designates properties
to the north, south, and west foc Low-Medium Density Residential land uses, and property
to the east (across Coffman Street) for Medium Density Residential land uses.
PREVIOUS ZONING ACTIONS
(4) .Tentative Parcel Map. No. 2001-.157 (to establish aone-lot condominium subdivision to
construct 3 detached condominium residences), in conjunction with Conditional Use Permit
No. 2001-04430 (to construct 3 detached condominium residences with waiver of (a)
maximumfstructural height and;(b) required landscaped setback adjacent to asingle-family
zone); and Reclassification NoS2001-00053 (to reclassify this property from the RS-7200
Zone to the RM-3000 Zone), was approved by the Planning Commission on July 30; 2001.
The developer has complied with conditions of approval pertaining to reclassification and
the property has been reclassified to the RM-3000 Zone. An extension of time to comply
'with conditions of approval for the conditional use permit was granted by the'
Commission on July 29, 2002. The Commission'may wish'to note that the Tentative
`Parcel Map expired'on July 30, 2003.
Sr5078jr.`.
Page 1
Staff Report to the
Planning: Commission
January 26, 2004
`item No: 8
DEVELOPMENT PROPOSAL:
(10) In conjunction with the request for a time extension, the petitioner proposes tp re-establish
a one-lot dondominium subdivision to construct 3 detached bbndominium residences.
,Tentative Parcel Map',2001-157Was approved for a'period of two (2) years on July 30,
2001, to expire July 30, 2003. The Anaheim Municipal Code states the following:
`The person filing the tentative map may request an extension of the tentative map
approval or condRionafapprovafby written application td the Advisory Agency,
which request must be filed prior to the expiration of the approved or conditionally
approved tentative map: The application shall state the reasons for requesting the
°extension. In`granfing an extension, new conditions maybe imposed and existing
conditions maybe revised. (AMC Section No. 17.08.110.020)`
Because no request for an extension of time for the parcel map was submitted by the
°petitioner prior to July 30, 2003; a new tentative parcel map (utilizing the same map'
number as assigned by the County) is required.
(11) The petitioner is not proposing any changes to the exhibits approved in connection with
'Conditional. Use Permit No. 2001-04430. However,ahe following tables from theprevious
staff report summarize the project characteristics:
SITE CHARACTERISTICS
Develo mentStandards ? Pro osed Pro'ect RM=300D ZoneiStandards
Site Area r 11',761 s.f: 0.27 acres N/A
Number bfrDwellin Units 3 detached units 3 units'max.
Avera e'Land Area er Unit 3,920's.f, r 3,000°s:f. er unit min.
Lot Covefage 26.6 % (3,123 s.f. 6mlding area divided by
11,761`s.f. I~t area's 40% max.
Average Recreation/Leisure'Area
` er Dwellin Unit 1,109 s.f. (1,3so s.f. common area and
tsse s.f. private area) 1,000 s:f. min.
SETBACKS
Direction Proposed Structural Code-required ; Adjacent Zoning
Setbacks Structural Setbacks
North adjacent to a 8 to 10 feet ; 8 to 10 feet RM-3000
'condominium com lax
East adjacent to 15 to 16,5 feet ' 15 feet ' NIA (RM-1200 across
Coffman Street Coffman Street
South adjacent to a 3- 22 to 27 feet 15 feet RS-7200 (developed s'
unit complex ( (50 feet for second with 3 dwelling units) ',
sto
West adjacent to single- 42 (first floor] to 50 feet 20 feet fully landscaped; RS-7200
Tamil residences second floor ' 50 feet for secondsto
Page 3
Staff Report to the
Planhing Commission
January 26, 2004
Item No. 8
DWELLING UNIT CHARACTERISTICS''
Pian No, of Units First Floor No. of
Second Floor Bedrooms
Total ' Baths
1 `2 641's:f! !' 4 Bed
978 s.fi 2.5 Bath
i 1,619 sf.
2 1 641 s:f: 3 Bed
869 s.fi 2:5 Bath
1,510 s.f.
ENVIRONMENTAL IMPACT ANALYSIS
(12) Staff has reviewed the proposal and the Initial Study (a copy of which is available for
reviewtn the Planning Department} and finds no significant environmental impact and,
therefore, recommends that a Negative Declaration be approved upon'a finding by the
Planning Commission that the Negative Declaration reflects he independent judgment of
the lead. agency; and that it has considered the proposed Negative Declaration together
with any comments receivedduring the'public review process and further finding`on the
basis of the Initial Study and'any comments received thatthere is no substantial evidence
that the project will have a ignificant effect on thee. 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. i Based on City staff review of the proposed project, ithas been
determined that this project does not fifv/ithin the scope necessary to require a Growth
Management Element analysis, therefore, no analysis has been performed.
EVALUATION:'
(14) ;The Anaheim General Plan Land Use Element designates this propertyfor Low-Medium
Density. Residential. land uses, with a density range of 0 to 18' dwelling units per acre. The
RS-5000 (Residential Single-Family), RM-3000 and RM-2400 (Residential, Multiple-Family)
are the typical implementation zones for his designation. The petitioner proposes to
establish a one-lotcondominium subdivision to construct 3 detached condominium dwelling
units with a density of 11 dwelling units'per acre (3;920 square feet perdwelling unit).
Code allows a maximum density of 14:5 dwelling units per acre in the RM-3000 Zone.
(15) ;The proposed condominium subdivision`provides for ownership housing, in furtherance of
the City's Housing Element goals. Theproject would be compatible with other multiple-
.: family developments along Coffman Street and would maintain the Code-required'setback
of 50 feet for the single-family residences to the west for the second floor of the most
western `dwelling unit, with no windows or balconies that would create possible visual
intrusion'into the abutting rearyards. Therefore, staff recommends a `royal of the
tentative; parcel map for the proposed condominium subdivision to construct 3 detached
condominium dwelling units.
Page 4
Staff Report to the '
Planning Commission
January 26, 2004
Item No. 8`
FINDINGS:
(16) Zoning Code Section No. 18.03.090 specifies that the petitioner'shall, within one yea[ after
receiving approval (or'vvithin anygreater or lesser time limit specified in the Resolution of
Approval),complywithall conditions imposed with time limits. Iri addition, subsectiori
18.03.090:0301 specifies that before granting any request for an extension of time, the
Commissjon must make a finding of fact tfiat the evidence presented shows that alf of the
following conditions exist;
(a) Thatthe extension of time will not extend the approval beyond 2 extensions of time,
with: each extension not to exceed one year, or any greater or'lesser time increment
specified in the original resolution of the conditional use permit.
(b) That the approval remains consistent with the General Plan and the zone district
designation for the property.
{c) That either no Code amendments have occurred that would cause the approval to
be inconsistent with the Zoning Cbde, or thepetitioner has (i) submitted revised
plans demonstrating thatthe approved projectcan be modified tobring it into
conformance'with such Code amendments and (ii) agreed to modify the project to
conform to such Code amendments.
(d) that the subject property has been maintained in a safe, clean, and aesthetically
pleasing condition with no unremediated codeviolations`on the property, as
confirmed by an inspection of the subject property by the Code Enforcement
Division.. CosEbf inspection is established. pursuant to Section 1.01:.389.030 of the
Anaheim Municipal Code, and shall be paid by the applicant prior to consideration of
the time extension by the determining body.
(e) That no additional information or changed circumstances are present which
cpntradict the facts necessary to support onecr more of the required findings for
approval of the project or enterprise.
(17) "The State Subdivision Map Acf (Government Code; Section 66473.5) makes it mandatory
to include in all motions approving, or recommending approval of a tentative parcel map, a
specific finding thafthe proposed Subdivision together with its design and improvement is
consistenf with the City's General Plan. Further, the law requires that the
Commissjdn/Council'make anyof the following findings when denying orrecommending
denial of a parcel map:
1. That the proposed map is not consistent with applicable General and Specific
Plans.
2. That the design or improvement of the proposed subdivision is not consistent with
applicable General and Specific Plans.
8. That the site is not physically suitable for the type of development.
4. That the site'is not physically suitable for the proposed density of development.
5. That the design of the subdivision or the proposed improvements are likely to
cause substantial environmental damage. or substantially and avoidably injure fish
or wildlife or their habitat.
Page 5
Staff Report to the
Planning Commission
January 26, 20041
Item No. 8
6. ?hat the design of the subdivision or the type of improvements is likely to cause
serious public health problems.'
7. .That the design of the subdivision or the type of improvements will conflict with
.easements, acquired by the public at large, for access through or use of property
'within the`proposed'subdivision:"
RECOMMENDATION:
(18) ;Staff recommends that unless additional or contrary information is received during the
meeting, and based upon theievidence submitted to the Planning Commission; including
the evidence presented in this staff report, and oral and written evidence presented at the
public hearing that: the Planning Commission take the following actionsi
(a) By motion,`aoorove the CEQA Negative Declaration::
(b) By motion, a rove the request for a one (1) year retroactive extension of time (to
expire on July 30, 2004) for Conditional Use Permit: No. 2001.-04430 (Tracking No.
CUP2003-04821) based on the following:
(i) That this is the second request for an extension of time to complywith
conditions of'approval.
(ii) That although there has been property maintenance issues in the past, the
property is currently being maintained and that there are no outstanding
complaints or violations on file with he Code:Enforcement Division.
(iii) That there have been no changes to the Anafteim General Plan Land Use
Element or zoning code that wouldeffect this' project. No additional
information orchanged circumstances are present which would contradict
the facts used to support the required findingsyfor approval of this
cohditionalUse permit.
(c) By motion, a rove Tentative Parcel Map No. 2001-157 (Tracking No.
SUBTPM2003-00010) to establish aone-lot, conddminiumsutidivision to construct
3'detached condominium residences since the design and improvemenfof the
proposed subdivision is consistent with the General Plan designation of Low-
Medium Density Residential.
THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS
AN INTERDEPARTMENTAL COMMITTEE AND ARE RECOMMENDED FOR'ADOPTION BY THE
PLANNING COMMISSION IN THE EVENT THAT THIS TENTATIVEPARCEL MAP IS APPROVED.
1. That the approval of Tentative Parcel Map No. 2001-157 is granted subject to the approval of
Cohditional:Use Permit No.,2001'-04430.
2. That the property owner/developer shall provide the City of Anaheim with a public utilities
easement to be determined as electrical design is completed.
3. That the legatproperty owner shall irrevocably offer to dedicate to the City of Anaheim`an
easement 12 feet in width along Coffman Street for street widening purposes on the$ral map.
Page 6
Staff Report to the
Planning. Commission
January 26 2004
Item No. 8
4. That an on-site trash truck tum-around area shall be provided per Ehgineering`Standard betail
Noi 610, and as requiretl by the Maintenance Division.
5. That the legal property owner shall irzevocably offer to dedicate to the City of Anaheim (Water
Engineering. Division) an easemenftwenty (20) feet in width for water service mains and/or an
easement for large meters and other public water facilities.
6. Thaf all engineering requirements of the City of Anaheim along Coffman Street, including
preparation of improvement plans and installation of all improvements such as burbs and:
gutters, sidewalks, water facilities, street grading and pavement, sewer and drainage facilities,
or other appurtenant work shall be complied with as required by the City Engineer and in
accordance with. specifications on file in the Office of the City Engineer; and that security in the
form of a bend; certificate of deposit; letter ofc~edit, or cash, in an amount and form
satisfactory to the City of Anaheim, shall be posted with tfie City to guarantee the satisfactory
completion of said improvements,' Said security shall be posted with the City'prior to final map
approval, to guarantee the installation of the above-required improvements prior to occupancy.
7. That a parcel map to record the division of subject property shall be submitted`to and approved
by the City ofAhaheim and shall then be recorded in the Office of the Orange County
Recorder.
8. That prior to final map approval, all condominium units shall be assigned street addresses by
the Building Division. Street names for any new public o~private street (if requested by,the
developer or required by he City)'sfiall be submitted to end approved by the Building Division.
9. Thafprior to final parcel map approval, Condition Nos. 1; 2, 3, 4, 5, 6 and 8, above-mentioned,
shall be complied with.
Page 7
ATTACHMENT - ITEM N0. 8
MEMORANDUM
CITY OF ANAHEIM
Code E~ forcemeni Division
DATE: DECEMBER 12, 2003
TO: 7OHN RAMIREZ, ASSISTANT PLANNER
FROM: ~l KEN MARSH, CODE ENFORCEMENT OFFICER
SUBJECT: INSPECTION OF THE PROPERTY LOCATED AT 203 N. COFFMAN AVE.
TIME EXTENSION FOR CUP2001-04430
TRACKING NO.: CUP2003-04521, SUBTPM2003-00010
On Thursday, December 12, 2003, in response to a request from john Ramirez, I conducted an
inspection of the property located at 203 N. Coffrnan Ave. The property owner is requesting a
time extension for Conditional Use Permit ATO.: CUP2001-04430.
There aze currently no open Code Enforcement cases at this property. There have been only
three Code Enforcement violations in the past 3 yeazs. All of these violations were for
overgrown vegetation, refuse and waste on the property. All three violations were complied
within the required time.
The addition of a condominium complex on the vacant lot will enhance the neighborhood.
Please feel free to call me at ext. #4595 if I can be of further assistance.
rtv03 n co((man avc
ATTACHMENT - ITEM NO
RESOLUTION NO. PC2001-100
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04430 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:
LOT 25 OF TRACT 255, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
CALIFORNIA AS PER MAP RECORDED
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on July 30, 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 the hearing was continued from
the July 16, 2001 meeting; and
WHEREAS., said Commission, after due inspection, investigation and study made by
itself and in its behalf, and after due consideration of ali 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 18.31.050.090 to establish cone-lot condominium subdivision to
construct 3 detached condominium residences with waivers of the following:
(i) Section Nos 18.04.043.101ta) - Maximum fence height within the required setback area
18.31.063.010.012 adjacent to a'local street.
and 18.31.064.070 - (3-foot high fence permitted within the 15-foot setback from
Coffman Street;
6-foot high fence/walls proposed at 8-foot setback)
(ii) Section No. 18.31.062.012 - Maximum structural height.
(1-sto permitted within 50 feet of asin~le-family residential
zone;
2-StON detached condominium residences proposed 21 to 42
feet from adjacent RS-7200 Zoning to the south and west)
(iii) Section No. 18.31.063.024 - Required landscaped setback adjacent to a single-family zone.
20-foot wide landscaped setback required adjacent to single
family residences in the RS-7200 Zone;
3-feet proposed along the southerly 20 feet of the west
property line)
2. That waiver (i), maximum fence height within the required setback area adjacent to a local
street, is hereby denied on the basis that there are no special circumstances applicable to the property
such as size shape, topography, location or surroundings, which do not apply to other identically zoned
properties in the vicinity; and that strict application of the Zoning Code does not deprive the property of
privileges enjoyed by other properties under identical zoning classification in the vicinity.
CR5147PK.doc -1- PC2001-100
3. That waivers (ii) and (iii), maximum structural height and required landscaped setback"=
adjacent to asingle-family zone, are hereby approved on the basis that there are special circumstances
applicable to the property consisting of narrow frontage relative to the parcel size and depth,.:which do not
apply to other :identically zoned properties in the vicinity; and that the RS-7200 zoned property to the
south is developed with three multiple-family units and should, therefore, not be considered asingle-
family zoned development for the purpose of determining maximum permitted structural height and
minimum landscaped setback on the subject property.
4, That waiver (iii), required landscaped setback adjacent to asingle-family zone, is further
approved on the basis that the proposed landscaped setback along the west property line ranges in depth
from 3 feet (along the southerly 20 feet where two parking spaces are proposed) to 36 feet, which results
in a total landscaped area (1,276 sq.ft.) similar to the Code requirement (20 feet x 61 feet = 1,220 sq.ft.).
5. That the proposed use, a detached residential condominium subdivision, will not adversely
affect the adjoining land uses and the growth and development of the area in which it is proposed to be
located.
6. That the size and shape of the site for the proposed detached condominium subdivision is
adequate to allow full development of three detached dwelling units in a manner not detrimental to the
particular area nor to the peace, health, safety and general welfare.
7. 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.
8. That granting of this conditional use permit, under the conditions imposed, will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
9. That two people at the public hearing expressed concerns regarding the proposal; that no
one indicated their presence in opposition; and that a letter was received with concerns and suggestions
regarding the proposal
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to establish aone-lot condominium subdivision to
construct 3 detached condominium residences with waivers of maximum fence height within the required
setback adjacent to a local street, maximum structural height and required landscaped setback adjacent
to asingle-family zone on arectangularly-shaped 0.27-acre property having a frontage of 61 feet on the
west side of Coffman Street and a depth of 194 feet, being located 430 feet north of the centerline of
Center Street, and further described as 203 North Coffman Street; and does hereby approve the
Negative Declaration upon finding that the declaration reflects the independent judgment of the lead
agency and that it has considered the Negative Declaration together with any comments received during
the public review process and further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby 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:
That the developer shall plant two (2), twenty four inch (24") box sized, Crape Myrtle trees equally
spaced within the Coffman Street right-of-way. Said trees shall be planted in accordance with City
of Anaheim Tree Planting Specification No. 5006. Said information shall be shown on the plans
submitted for building permits.
-2- PC2001-100
2. That gates shall not be installed across the 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 review and approval by the City Traffic and
Transportation Manager prior to issuance of a building permit or, if proposed at a later date, prior to
installation of such gates.
3. That plans shall be submitted to the City Traffic and Transportation Manager for review and
_ approval showing conformance with the current versions of Engineering Standard Plan Nos. 436,
601 and 602 pertaining to parking standards and driveway locations. Subject property shall
thereupon be developed and maintained in conformance with said plans.
4. That roll-up garage doors shall be shown on the plans submitted for building permits. Said doors
shall be installed and maintained as shown on submitted plans.
5. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor
uses.
6. That the property ownerldeveloper shall install street lights on Coffman Street as required by the
Electrical Engineering Division. Prior to issuance of building permits, a bond to guarantee the
installation shall be posted with the City of Anaheim. The street lights shall be installed prior to
occupancy.
7. That the property ownerldeveloper shall submit a plan showing screened trash storage and
collection areas for three (3) automated trash barrels for each unit (for a total of nine [9] barrels) to
the Public Works Department, Streets and Sanitation Division, for review and approval. 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 backflow devices, gas, communications and cable devices, etc., shall be shown
on the plans submitted for building permits. The plans shall also identify the specific screening
treatment of each device (i.e., landscape screening, color of walls, materials, identifiers, access
points, etc.) and shall be subject to review and approval by the appropriate City departments.
9. That all air conditioning facilities and other ground mounted equipment shall be properly shielded
from view and the sound buffered from adjacent residential properties.. Such information shall be
specifically shown on the plans submitted for building permits.
10. That all plumbing or other similar pipes and fixtures located on the exterior of the buildings shall be
fully screened by architectural devices and/or appropriate building materials. Said information shall
be specifically shown on the plans submitted for building permits.
11. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty
four (24) hours from time of occurrence.
12. That clothes washer and dryer hookups shall be incorporated into each condominium dwelling unit
and shall be shown on the plans submitted for building permits.
13. That a Final Landscape and Irrigation Plan for subject property shall be submitted to the Zoning
Division for review and approval. Said landscape plans shall show minimum twenty four inch (24")
box sized trees, the retention of the existing mature trees and the planting of two (2), twenty four
inch (24") box sized Eucalyptus trees adjacent to the west property line. Any decision made by the
Zoning Division regarding said plan may be appealed to the Planning Commission and/or City
Council.
_3_ PC2001-100
14. That lighting fixtures in any parking area adjacent to any residential property shall be down-lighted
with a maximum height of twelve (12) feet. Said lighting fixtures shall be decorative and shall de''
directed away from adjacent residential property lines to protect the residential integrity of the area;
and that this information shall be specified on the plans submitted for building permits..,....
15. That this conditional use permit is granted subject to adoption of a zoning ordinance in connection
with Reclassification No. 2001-00053 and the recordation of Tentative Parcel Map No. 2001-157,
now pending.
16. That the plans submitted for building permits shall indicate placement of bollards or other
acceptable barrier between the open guest parking spaces and the landscaped area at the west
(rear) property line.
17. That no windows or balconies shall be permitted on the west elevation of the detached
condominium residence closest to the west property line. Said information shall be specifically
shown on the plans submitted for building permits.
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. 1 through 5, 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 occurs first, Condition Nos. 1, 2, 3, 4, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16 and 17,
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.
20. That prior to final building and zoning inspections, Condition No. 18, above-mentioned, shall be
complied with.
21. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and
Federal regulations. Approval does not include any action or findings as to compliance or approval
of the request regarding any otherapplicable 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
July 30, 2001.
(Original signed by J. VandA~~~~+1
CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
(Original signed by Eleanor Fernandes)
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-4- PC2001-100
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on July 30, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK
IN WITNESS WHEREOF, I have hereunto set my hand this day of
2001.
- lOri;inal signed by Eleancr Fernandes)
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
_5_ PC2001-100