PC 2004/04/05CITY OF ANAHEIM
PLANNING COMMISSION AGENDA
MONDAY, APRIL 5, 2004
Council Chamber, City Hall
200 South Anaheim Boulevard, Anaheim, California
CHAIRPERSON:'JAMES VANDERBILT-LINARES
COMMISSIONERS:'GAILEASTMAN, PAUL BOSTWICK,'DAVID ROMERO,
JERRYO'CONNELL; CECICIA'FLORES; KELLY BUFFA
CALL TO ORDER
PLANNING COMMISSION MORNING SESSION 11;00 A.M.
• STAFF UPDATETQ COMMISSION ON VARIOUS CITY= '',
DEVELOPMENTS'AND ISSUES (AS REQUESTED BY ., ;+
PLANNING COMMISSION-)- "`~-
• PRELIMINARY PLAN REVIEW FOR.ITEMS ON-THE APRIL 5, 2004 AGENDA
s .~~ _ -
RECESS TO AFTERNOON PUBLIC HEARING SESSION , y
RECONVENE TO PUBLIC HEARING 1 30;P.M `"~ '
For record keeping~purposes, If youWish to`make a statement iegarding any item on the agenda, please
complete a speakercard and sutimltJf to-t<ie`secrefary - '`- `
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PLEDGE OF ALLEGIANGE -
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PUBLIC COMMENTS _ ~ ''+
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CONSENT CALENDAR a
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PUBLIC HEARING ITEMS ,,~ ;.-
ADJOURNMENT
04-05-04
Page 1
RECONVENE TO PUBLIC HEARING AT 1:30 P.M.
PUBLIC COMMENTS: - - --
This is an opportunity for members of the public to speak on any item under the jurisdiction of the
Anaheim City Planning Commission or public comments on agenda items with the exception of public
hearing items.
CONSENT CALENDAR:
Items 1-A through 1-D on the Consent Calendar will be acted on by one roll call vote. There will be no
separate discussion of these items prior to the time of the voting on the motion unless members of the
Planning Commission, staff or the public request the item to be discussed and/or removed from the
Consent Calendar for separate action.
REPORTS AND RECOMMENDATIONS
A. (a)
(b)
B. {a) CEQA MITIGATED Ntl9Al iyt UCIiLNICM nvrv lrnw -~+r .-~~~-~~.
(b) MISCELLANEOUS NO. 2004-00077
Elisa Stipkovich, Anaheim Redevelopment Agency, 201 South
Anaheim Boulevard, Suite 1003, Anaheim, CA 92805, requests
Planning Commission review of basic concept drawings for the
restoration and reuse of an existing historical building as a commercial
retail center project. Property is located at 315-327 South Anaheim
Boulevard.
C. (a)
(b)
D. Receiving and approving the Minutes from the Planning Commission
Meetings of March 22, 2004. (Motion)
Project Planner:
Scott Koehm
(skoehm(c~anaheim net)
sr8720gk.doc
Q. S. 17
Project Planner:
David See
(dsee(c~anaheim. net)
sr2148ds.dac
l1. S. 84
Project Planner:
Della Herrick
(dherdckGilanaheim.net)
sr8718dh.doc
04-05-04
Page 2
Abbas Rahmani, 25781 Fletcher Place, Laguna Hnls, l;H azbba,
requests a retroactive extension of time to comply with conditions of
approval for apreviously-approved vehicle impound repair facility.
Property is located at 1210 North Knollwood Circle.
City of Anaheim, Planning Department, zuu aoum Hnaneun
Boulevard, Anaheim, CA 92805, requests Specific Plan Adjustment
No. 4 to the Anaheim Resort Specific Plan (SP92-2) (Chapter 18.48 of
the Anaheim Municipal Code) to modify the zoning and development
standards to permit office uses in a legal non-conforming building
subject to approval of a Conditional Use Permit.
PUBLIC HEARING ITEMS:
2a. CEQA NEGATIVE DECLARATION
2b. GENERAL PLAN AMENDMENT NO. 2004-00417
2c. RECLASSIFICATION NO. 2004-00115
2d. WAIVER OF CODE REQUIREMENT
2e. CONDITIONAL USE PERMIT NO. 2004-04831
2f. TENTATIVE TRACT MAP NO. 16650
OWNER: Kurt Slingsby, Stonybrook LLC, P.O. Box 4304, Carson, CA
90749
AGENT: John Ward, Stonybrook LLC, P.O. Box 4304, Carson, CA
90749
LOCATION: 736 South Beach Boulevard .and 2966 West Stonvbrook
Drive. Property is approximately 0.64-acre, located at the
southeast corner of Beach Boulevard and Stonybrook
Drive.
General Plan Amendment No. 2004-00417 - Request to amend the
Land Use Element Map of the General Plan redesignating the property
from the General Commercial and Medium Density Residential land use
designations to the Low-Medium Density Residential designation.
Reclassification No. 2004-00115 -Request reclassification of the
property from the RS-A-43,000 (Residential/Agricultural) and RM-1200
(Residential, Multiple-Family) zones to the RM-3000 (Residential,
Multiple-Family) zone or less intense zone.
Conditional Use Permit No. 2004-04831 -Request to construct a 7-unit
detached one-family residential airspace condominium subdivision with
waivers of: (a) minimum structural setback adjacent to a local street, (b)
minimum structural setback adjacent to an interior lot line, (c) minimum
required recreational leisure area, and (d) minimum distance between
buildings.
Tentative Tract Map No. 16650 -Request to establish a 1-lot, 7-unit
detached residential airspace condominium subdivision.
Continued from the March 22, 2004 Planning Commission Meeting.
GENERAL PLAN AMENDMENT RESOLUTION NO. Project Planner;
Elaine Yambao
(eyambaono anaheim.net)
RECLASSIFICATION RESOLUTION NO.
CONDITIONAL USE PERMIT RESOLUTION NO. sr3064ey.doc
Q.S. 14
04-05-04
Page 3
3a.
3b.
4a.
4b.
OWNER: International Church of God, 1250 North Red Gum Street,
Anaheim, CA 92806
AGENT: Rick Dana, The Cornerstone Church, 1250 North Red Gum
Street, Anaheim, CA 92806
LOCATION: 1250 North Red Gum Street. Property is approximately
1.06 acres, having a frontage of 155 feet on the east side of
Red Gum Street, located 500 feet south of the centerline of
Miraloma Avenue (The Cornerstone Church).
Request reinstatement of this permit by the modification or deletion of a
condition of approval pertaining to a time limitation (approved on October
25, 1999 to expire April 9, 2004) to retain an existing church and to modify
the hours of operation.
CONDITIONAL USE PERMIT RESOLUTION NO.
OWNER: Sanggu Lee, Korean Buddhist Temple of Jung Hye, 2780
West Lincoln Avenue, Anaheim, CA 92801
LOCATION: 2780 West Lincoln Avenue. Property is approximately
0.51-acre, having a frontage of 100 feet on the south side
of Lincoln Avenue, located 245 feet east of the centerline of
Dale Avenue (Korea Buddhist Temple of Jung Hye).
Request reinstatement of this permit by the modification or deletion of a
condition of approval pertaining to a time limitation. (approved on April 26,
1999 to expire April 26, 2004) to retain a Buddhist temple and caretaker's
residence and to delete the requirement to construct a trash enclosure.
CONDITIONAL USE PERMIT RESOLUTION 1dO.
Project Planner:
John Ramirez
(ioramirezto'~anaheim net)
sr5087jr.doc
Q.S. 131
Project Planner:
John Ramirez
(icramirez(ilanaheim net)
sr50t39jr.doc
Q.S. 20
04-05-04
Page 4
5a.
5b.
5c.
OWNER: Julio Vivas, Unitarian Church of Orange, 511 South Harbor
Boulevard, Anaheim, CA 92905
AGENT: Susan Secoy, Secoy Architects, 112 East Chapman
Avenue, Suite E, Orange, CA 92866
LOCATION: 511 South Harbor Boulevard. Property is approximately
0.5-acre, located at the southwest corner of Santa Ana
Street and Harbor Boulevard (Unitarian Church of Orange
County).
Request to amend exhibits for apreviously-approved church to construct
accessory Sunday school classrooms with waiver of minimum number of
parking spaces.
CONDITIONAL USE PERMIT RESOLUTION NO.
6a. CEQA CATEGORICAL EXEMPTION -CLASS 1
6b. CONDITIONAL USE PERMIT NO. 2004-04837
OWNER: Paul Chiavatti, 1340 West Pearl Street, Suite A, Anaheim,
CA 92801
LOCATION: 1310 West Pearl Street. Property is approximately
0.21-acre, having a frontage of 65 feet on the south
side of Pearl Street, located 565 feet west of the
centerline of Carleton Avenue.
Request to permit a residential group care facility for up to twenty-four
(24) residents recovering from chemical dependency.
CONDITIONAL USE PERMIT RESOLUTION NO.
Request for
continuance
to April 19, 2004
Project Planner:
Amy Vazquez
(avazgueztc'~anaheim net)
sr6723av.doc
Q.S. 73
Project Planner:
Elaine Yambao
(eyambac (a) a n ahei m. net)
sr3065ey.doc
Q:S. 62
04-OS-04
Page 5
7a. CEQA NEGATIVE DECLARATION
7b. GENERAL PLAN AMENDMENT NO. 2004-00418
7c. RECLASSIFICATION NO. 2004-00116
7d. VARIANCE NO. 2004-04601
7e. TENTATIVE PARCEL MAP NO. 2004-127
OWNER: Frank T. Minissale, 111 South Mohler Drive, Anaheim, CA
92808
AGENT: Duane Stout, 1316 Candlewood Street, Anaheim, CA
92805
LOCATION: 111 Mohler Drive. Property is approximately 1.5 acres,
located at the southwest corner of Santa Ana Canyon Road
and Mohler Drive.
General Plan Amendment No. 2004-00418 -Request to amend the
Land Use Element Map of the General Plan redesignating the property
from the Hillside Estate Density Residential designation to the Hillside
Low Density Residential designation.
Reclassification No. 2004-00116 -Request reclassification of the
property from the RS-A-43,000 (SC) (Residential/Agricultural; Scenic
Corridor Overlay) zone to the RS-HS-22,000 (SC) (Residential, Single-
Family -Hillside; Scenic Corridor Overlay) or a'less intense zone.
Variance No. 2004.04601 -Request waivers of: (a) minimum lot depth
adjacent to a scenic expressway, and (b) minimum lot area to construct 3
detached single-family homes.
Tentative Parcel Map No. 2004-127 -Request to establish a 3-lot, 3-unit
detached single-family subdivision.
GENERAL PLAN AMENDMENT RESOLUTION NO.
RECLASSIFICATION RESOLUTION NO.
VARIANCE RESOLUTION NO.
Request for
continuance
to April 19, 2004
Project Planner:
Charity Wagner
(cwa g n e rta a n a h e i m. n et )
sr1147cw.doc
Q.S. 202
04-05-04
Page 6
8a. CEQA NEGATIVE DECLARATION
8b. WAIVER OF CODE REQUIREMENT
Bc: CONDITIONAL USE PERMIT NO. 2004-04838
OWNER: Mahesh Vyas, NNRSVII Limited Partnership, 5005 Hidden
Glen Lane, Yorba Linda, CA 92887
AGENT: Neru Patel, 6220 Gossen Street, Simi Valley, CA 93063
LOCATION: 8245 and 8295 East Monte Vista Road. Property is
approximately 1.74 acres, bounded by Weir Canyon Road,
Monte Vista Road and Old Springs Road, having frontages
of 108 feet on the west side of Weir Canyon Road, 500 feet
on the north side of Monte Vista Road and 170 feet on the
east side of Old Springs Road.
Request to construct a four (4) unit commercial retail center and atwo-
story medical office building, including roof-mounted equipment, with
waivers of: (a) permitted commercial identification in the Scenic Corridor
Overlay Zone, (b) minimum number of parking spaces and (c) minimum
setback adjacent to a scenic expressway.
CONDITIONAL USE PERMITRESOLUTION NO.
9a.
9b.
9c.
OWNER: The Garden Church, 8712 East Santa Ana Canyon Road,
Anaheim, CA 92808
AGENT: Terry Jacobson, 3111 Second Avenue # 3, Corona Del
Mar, CA 92625
LOCATION: 8712 East Santa Ana Canvon Road. Property is
approximately 37.07 acres*, having a frontage of 155 feet
on the south side of Santa Ana Canyon Road, located
3,759 feet west of the centerline of Gypsum Canyon Road
(Kindred Community Church).
*Advertised as 65.81 acres.
Request to permit roof-mounted equipment in conjunction with an
expansion of an existing multi-purpose building and to determine
substantial conformance with previously-approved exhibits for an existing
church and to amend or delete a condition of approval pertaining to a time
limitation for four (4) existing modular buildings and to further allow the
establishment of four (4) additional modular buildings for accessory
church activities and to modify hours of operation.
CONDITIONAL USE PERMIT RESOLUTION NO.
Request for
continuance
to April 19, 2004
Project Planner:
Elaine Yambao
leva mbao(c~ana he im. net)
sr3066a_ey.doc
Q.S. 219
Project Planner:
John Ramirez
(ioramirezCc~anaheim net)
sr5088jr.doc
Q.S. 225
04-05-04
Page 7
ADJOURN TO MONDAY, APRIL 19, 2004 AT 9:00 A.M. FOR
PRELIMINARY PLAN REVIEW.
CERTIFICATION OF POSTING
I hereby certify that a complete copy of this agenda was posted at:
(TIME)
/i __ .~Q I I ZDD ~l
(DATE)
LOCATION: COUNCIL CHAMBER DISPLAY CASE AND
COUNCIL DISPLAY KIOSK
SIGNED: ~°'`'-"~' ~`.~`".~`~~
If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this notice, or in a written
correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing.
RIGHTS OF APPEAL FROM PLANNING COMMISSION ACTION
The action taken by the Planning Commission this date regarding Reclassifications, Conditional Use
Permits and Variances shall be considered final unless, within 22 days after Planning Commission action
and within 10 days regarding Tentative Tract and Parcel Maps, an appeal is filed. This appeal shall be
made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the
City Clerk.
The City Clerk, upon filing of said appeal in the Clerk's Offiee, 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.
04-05-04
Page 8
SCE®UL~
2004
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
NOVEMBERI
NOVEMBER 15
NOVEMBER 29
DECEMBER 13
DECEMBER 27
04-05-04
Page 9
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Conditional Use Permit No. CUP2002-04658 Subject Property
TRACKING NO. CUP2004-04833 Date: April 5, 2004
Scale: 1" = 200'
Requested By: ABBAS RAHMANI Q.S. No. 17
REQUEST FOR A RETROACTIVE EXTENSION OF TIME TO COMPLY WITH CONDITIONS
OF APPROVAL FOR APREVIOUSLY-APPROVED VEHICLE IMPOUND REPAIR FACILITY.
1210 North Knollwood Circle
1284(2004-3-29)
ATTACHMENT - ITEM N0. 1-A
ABBAS RAHMANI
25781 FLETCHER PLACE
LAGUNA HILLS ,CA 92653
(714)336-0335
2/5/2004
CITY OF ANAHEIM
RE :CONDITIONAL PERMIT DATED 2/10/2003
LOCATION :1210 NORTH KNOLLWOOD CIR.
I ABBAS RAHMANI HERE BY AM REQUESTING THAT THE ABOVE PERMIT
BE EXTENDED FOR AN ADDITIONAL 365 DAYS .THIS EXTENSION IS
DUE TO AN EXISTING TENANT EVACUATION DELAY.
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Miscellaneous No. 2004-00077 E ~ z ~ Subject Property
Date: March 8, 2004
Scale: 1" = 200'
Requested By: ANAHEIM REDEVELOPMENT AGENCY Q.S. No. 84
REQUESTS PLANNING COMMISSION REVIEW OF BASIC CONCEPT DRAWINGS FOR THE
RESTORATION AND REUSE OF AN EXISTING HISTORICAL BUILDING AS A COMMERCIAL
RETAIL CENTER.
315 - 327 South Anaheim Boulevard
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RESTORATION AND REUSE OF AN EXISTING HISTORICAL BUILDING AS A COMMERCIAL
RETAIL CENTER.
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ORDINANCE NO.
AN ORDINANCE OF THE CTfY COUNCIL OF THE CITY OF
ANAHEIM APPROVING SPECIFIC PLAN ADJUSTMENT NO.
4 TO THE ANAHEIM RESORT SPECIFIC PLAN NO. 92-2,
AMENDING ORDINANCE N0.5453, AS PREVIOUSLY
AMENDED, AND AMENDING ZONING AND
DEVELOPMENT STANDARDS SET FORTH IN CHAPTER
18.48 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE.
WHEREAS, pursuant to the procedures set forth in Chapter 18.93 of the Anaheim
Municipal Code, on September 27, 1994, the City Council of the City of Anaheim adopted
Ordinance No. 5454 amending the zoning map to reclassify certain real property described
therein into the Anaheim Resort Specific Plan No. 92-2 zone subject to certain conditions as
specified therein, and Ordinance No. 5453 relating to establishment of Zoning and Development
Standazds for the Anaheim Resort Specific Plan No. 92-2 by the addition of Chapter 18.48 to
said Code; and
WHEREAS, on June 3, 1997, the City Council adopted Ordinance No. 5599
amending Ordinance No. 5454 relating to the Anaheim Resort Specific Plan No, 92-2,
Amendment No. 1, which amendment revised the legal description and boundaries of the
Anaheim Resort Specific Plan by reclassifying and incorporating a 4.67-acre pazcel into the
Anaheim Resort Specific Plan No. 92-2 Zone; and
WHEREAS, Amendment No. 2 to the Anaheim Resort Specific Plan No. 92-2, a
request to amend the zoning and development standazds to add "Coffee House" as a conditionally
permitted accessory use in conjunction with an automobile service station, was denied by the
Planning Commission on October 12, 1998 and the petition was subsequently withdrawn by the
applicant at the January 26, 1999 City Council meeting; and
WHEREAS, on May 18, 1999, the City Council adopted Ordinance No. 5685
amending Ordinance No. 5453 relating to Adjustment No. 1 to the Anaheim Resort Specific Plan
No. 92-2, which adjustment amended the Zoning and Development Standazds set forth in
Chapter 18.48 of the Anaheim Municipal Code relating to structural setbacks and yazd
requirements to reflect the local street status of Convention Way; and
WHEREAS, on July 27, 1999, the City Council adopted Ordinance No. 5964
amending Ordinance Nos. 5453 relating to Amendment No. 3 to the Anaheim Resort Specific
Plan No. 92-2, which amendment revised the legal description and boundaries of the Anaheim.
Resort Specific Plan by reclassifying and incorporating a 0.73-acre pazcel into the Anaheim
Resort Specific Plan No. 92-2 Zone; and
WHEREAS, on September 21, 1999, the City Council adopted Ordinance No.
5703 relating to Adjustment No. 2 to the Anaheim Resort Specific Plan No. 92-2, which
adjustment amended the Zoning and Development Standards set forth in Chapter 18.48 of the
Anaheim Municipal Code relating to the minimum landscape setback requirement for properties
adjacent to Manchester Avenue between Katella Avenue and the southern boundary of the ___.
Anaheim Resort Specific Plan Area; and
WHEREAS, on May 1, 2001, the City Council adopted Ordinance No. 5769
relating to Adjustment No. 3 to the Anaheim Resort Specific Plan No. 92-2, which adjustment
amended the Zoning and Development Standazds set forth in Chapter 18.48 of the Anaheim
Municipal Code relating to temporary parking requirements; and
WHEREAS, the proposed adjustment relates to modifications to the Zoning and
Development Standazds to allow office uses in legal nonconforming buildings subject to the
approval of a conditional use permit ("Adjustment No. 4"); and
WHEREAS, pursuant to the provisions of the California Environmental Quality
Act, the City Council, in Resolution No. 94R-234, did find that FEIR No. 313 with the Statement
of Findings and Facts and Statement of Overriding Considerations and the corresponding
Mitigation Monitoring Program No. 0085 (collectively "FEIR No. 313"), addressed the
environmental impacts and mitigation measures associated with (i) General Plan Amendment
No. 333 pertaining to the Land Use, Circulation and Environmental Resource and Management
Elements of the General Plan; (ii) The Anaheim Resort Specific Plan No. 92-2 (including Zoning
and Development Standazds, a Design Plan and Guidelines, and a Public Facilities Plan); (iii) the
Anaheim Resort Identity Program; (iv) the Anaheim Resort Public Realm Landscape Program;
(v) the Anaheim Resort Nonconforming Signage Program and (vi) future discretionary actions
described in Draft Environmental Impact Repprt No. 313; and
WHEREAS, on August 30, 1999, the Planning Commission determined that no
substantial changes had occurred with respect to the circumstances under which Master EIR No.
313 was certified, and that there was no new available material information which was not
known and could not have been known at the time Master EIR No. 313 was certified, thereby
validating Master EIR No. 313 and the associated Mitigation Monitoring Program No. 0085 for
continued use as the environmental documentation required by CEQA for projects within the
Anaheim Resort Specific Plan Area; and
WHEREAS, based upon review of the proposed Specific Plan Adjustment and the
Initial Study prepared for said adjustment, the Planning Commission at its Apri15, 2004,
regulazly scheduled meeting, detemuned that previously-certified E1R No. 313 and Anaheim
Resort Specific Plan Mitigation Monitoring Program No. 0085 for the Anaheim Resort Specific
Plan aze adequate to serve as the required environmental documentation for the subject Specific
Plan Adjustment, in that discretionary approval of any office use need to be in conformance with
the pazameters, assumptions and analysis provided in EIR No. 313 (i.e., density, traffic) and
would need to comply with any applicable mitigation measures set forth in Mitigation
Monitoring Program No. 0085, or be subject to further environmental review; and
2
WHEREAS, the Anaheim. City Planning Conunission on April 5, 2004 considered
and approved the proposed Adjustment No. 4 and recommended to the City Council that it adopt
an ordinance incorporating said proposed adjustment; and
WHEREAS, based upon the evidence presented, incorporating the fmdings and
recommendations of the Planning Commission, and pursuant to the provisions of the California
Environmental Quality Act ("CEQA"), the City Council finds and determines that
previously-certified EIR No. 313 and Anaheim Resort Specific Plan Mitigation Monitoring
Program No. 0085 for the Anaheim Resort Specific Plan aze adequate to serve as the required
environmental documentation for the subject Specific Plan Adjustment..
NOW, THEREFORE, THE CITY COUNCIL OF THE CTI'Y OF ANAHEIM
DOES ORDAIN THAT ORDINANCE N0.5453 BE, AND THE SAME IS HEREBY,
AMENDED TO REVISE THE ZONING AND DEVELOPMENT STANDARDS IN CHAPTER
18.48 OF THE ANAHEIM MUNICIPAL CODE AS FOLLOWS:
SECTION 1.
That subsection .050 of Section 18.48.020 of Chapter 18.48 of Title 18 of the Anaheim
Municipal Code be, and the same is hereby, amended to read as follows:
".050 Nonconfornung Structures and Uses.
.0501 The provisions of Section 18.02.058 entitled "NONCONFORMING
STRUCTURES AND USES-GENERAL" of the Anaheim Municipal Code, shall
apply to this zone except as stated herein.
.0502 The provisions of pazagraph 18.48.130.020.0207 entitled "LEGAL
NON-CONFORMING SIGNS-GENERAL" of this chapter shall apply to
nonconforming signs.
.0503 The site development standazds in subsection 18.48.070.120 entitled
"LANDSCAPING" in this chapter shall apply to all landscaping hereinafter
installed or modified and to all landscape on any lot or pazcel containing a
building hereinafter structurally modified to an extent exceeding forty-five percent
(45%) of the gross floor area of said existing building within any two-yeaz period.
.0504 The site development standazds in this chapter shall apply to the structural
expansion portion of every building hereinafter expanded.
.0505 The Anaheim Resort Specific Plan encourages the enhancement of all buildings
and structures within the specific plan boundaries, including legal nonconforming
buildings and structures, in accordance with the following procedures:
(a) Facade improvements, interiorbuilding improvements and improvements
interior to or at the reaz of a development/building complex may be made,._.
to legal nonconforming buildings or structures subject to the approval of
the Planning Director provided the improvements do not exceed five
percent (5%) of the building floor area, aze in substantial conformance
with the building envelope, do not adversely impact any adjacent parcels
and are in conformance with the design plan and this chapter. If the
Planning Director determines that adverse impacts may occur from the
.improvements, if the improvements would add any additional squaze
footage beyond five percent (5%) of the building floor azea, or if the
improvements are not in substantial conformance with the building
envelope, the improvement plans shall require a conditional use permit
subject to the provisions of Section 18.03.030 of the Anaheim Municipal
Code. Notwithstanding the foregoing, the Planning Director may refer any
of the above-noted improvement plans to the Planning Commission for
consideration as a conditional use permit.
(b) Expansion of nonconforming uses and/or structures which bring the use
and/or building into greater conformity with the intent of the Specific Plan
may be permitted subject to the approval of a conditional use permit in
accordance with the provisions of Section 18.03.030 of the Anaheim
Municipal Code.
(c) Office uses set forth in subsections 18.41.020.010,18.41..020.020,
18.41.020.030 and 18.41.020.040 of this Code maybe permitted in a
legal nonconforming building subject to the approval of a conditional
use permit in accordance with the provisions of Section 18.03.030 of
the Anaheim Municipal Code."
SECTION 2,
That subsection .050 of Section 18.48.070 of Chapter 18.48 of Title 18 of the Anaheim
Municipal Code be, and the same is hereby, amended to read as follows:
".050 Conditional Uses and Structures. Due to the uniqueness of the Anaheim Resort area as a
tourist .and visitor center and the associated concerns of the circulation and traffic system
and other infrastructure impacts and land use compatibility, the following buildings,
structures and uses shall be permitted provided a conditional use permit is approved
therefore pursuant to, and subject to, the conditions and required showings of Section
18.03.030 entitled "CONDITIONAL USE PERMITS (C.U.P 's) -GENERAL" of this
code. Proposed plans for related signage shallbe submitted with each conditional use
permit application and shall be subject to approval by conditional use permit.
.0501 Amusement pazks, theme-type complexes, aviaries, zoos. Such uses may include.
the keeping of animals or birds used in the operation of the facility, provided that
such animals or birds shall be maintained in physical confinement sufficient to
prohibit the movement of said animals or birds upon any real property not owned
or under the lawful possession or control of the person or entity owning or
controlling said animals or birds. Further, no animals or birds shall be confined
closer than forty {40) feet from any building used for human habitation, including
hotel or motel rooms, and no closer than forty (40) feet from any property line.
Conditional use permits for the keeping of animals and birds shall specify the
maximum number and type of animals and birds pemvtted. Any increase in the
number and/or variations in the type of animals and birds kept shall require either
an amendment to said conditional use permit or a new conditional use permit.
.0502 Art galleries.
.0503 Automobile caz washes in conjunction with service stations only.
.0504 Automobile rental agencies with on-site storage and/or display of rental cazs
whether or not in conjunction with a hotel or motel.
:0505 Automobile service stations, subject to the requirements of Chapter 18.87, entitled
"ZONING CODE-CRITERIA AND DEVELOPMENT STANDARDS FOR
SERVICE STATIONS," of this code (except as certain associated uses aze
conditionally permitted or prohibited in this subsection), provided that site
development shallbe governed by the provisions of this chapter and the Design
Plan. As a condition of granting any conditional use permit for an automobile
service station, the property owner shall record an unsubordinated covenant against
the property agreeing to remove .all structures, including underground tanks, in the
event that the station is closed for a period of twelve (12) consecutive months or
longer. A service station shal] be considered closed during any month in which it is
open for less than fifteen (15) days.
(a) Conditionally Permitted Uses. Tow truck operations may be permitted in
conjunction with a service station facility subject to the following
requirements:
(1) A maximum of one (1) tow truck shallbe permitted
(2) When on-site, the tow truck shallbe screened from view of the
public right-of--way at all times.
(3) All vehicles towed;to the site shall be stored indoors in a service
bay. Under no circumstances shall outdoor storage of the towed.- --
vehicles be permitted.
(4) No additional signage advertising tow truck operations shall be
permitted.
(b) Prohibited Uses. Under no circumstances shall the following uses be
permitted in conjunction with any service station facility:
(1) The sale of alcoholic beverages for on-premises oroff-premises
consumption.
(2) Convenience mazkets or mini-markets.
(3) Rental and/or display of utility trailers or trucks.
(4) Tow truck operations not in compliance with subparagraph .0505(a)
above.
.0506 Automobile/vehicle parking lots or pazking structures not otherwise peanitted by
pazagraph 18.48.070.030 entitled "PERMITTED ACCESSORY USES AND
STRUCTURES" of this chapter.
.0507 Bowling alleys, including sale of alcoholic beverages for on-premises
consumption.
.0508 Churches.
.0509 Emergency medical facilities.
.0510 Golfcourses, including miniature golf courses.
.0511 Improvements to legal nonconforming buildings
or structures and offace uses in a legal nonconforming building as identified in
paragraph 1>3.48.020.050.0505 entitled "NON-CONFORMING STRUCTURES
AND USES."
.0512 Interior setbacks less than two (2) times the height of any proposed building or
structure when such building or structure is within one hundred fifty (150) feet of
any single-family residential zone boundary (other than property under a resolution
of intent to any commercial zone) or property within the Specific Plan area
6
encompassed by the MHP Overlay as shown on Exhibit 3.3.2a entitled
"Mobilehome Park (MHP) Overlay Zone." _,
:0513 Kitchens or kitchenettes in hotel or motel rooms.
.0514 Massage establishments, integrated within a hotel or motel only, for which a permit
is required pursuant to Chapter 4,29 entitled "BATHS, SAUNA BATHS,
MASSAGE ESTABLISHMENTS AND SIMILAR BUSINESSES" of this code.
.0515 Museums.
.0516 Non-publicly operated convention centers including exhibition halls and
auditoriums.
.0517 Office buildings when accessory to, and integrated as part of, an on-site permitted
primary or conditional use.
:0518 Outdoor recreational playground areas in conjunction with permitted primary uses
and structures.
.0519 Radio and television studios, which may include accommodations for
filming/taping in front of live audiences.
.0520 Recreational vehicle and campsite pazks limited to use for short-term visits, not to
exceed thirty (30) days in any calendar yeaz, by tourists and visitors.
.0521 Restaurants (semi-enclosed, walk-up or fast food only), except as permitted as an
accessory use pursuant to subsection 18.48.070.030 entitled "PERMITTED
ACCESSORY USES AND STRUCTURES" of this chapter.
.0522 Signs as provided for in pazagraph 18.48.130.060.0602 entitled
"CONDITIONALLY PERMITTED SIGNS" of this chapter.
.0523 Skating rinks.
:0524 Specialty retail centers in which all goods and services are oriented, marketed and
intended for tourist, visitor and/or recreational consumers and not oriented to the
general public. Such centers shall consist of a minimum of five (5) acres, have
integrated management, and shall have a "festive theme" orientation, .and:
(a) Plazas and/or other pedestrian-oriented amenities shall be part of the
center's design as set forth in the Design Plan.
7
(b) Land uses may inc}ude, but need-:not be limited to: custom print and art
shops; souvenir, gift; and/or novelty shops; toy shops; hobby shops; photo-__
supply shops; clothing stores; confectionery shops, including candy stores,
ice cream parlors, baked goods (e.g., cookies, muffins, etc.) for on-premises
sale or consumption; floral shops; luggage and accessory shops; jewelry
stores; sale of beer and wine for off-premises consumption; sale of
alcoholic beverages for on-premises consumption; entertainment facilities;
.and amusement arcades, subject to the provisions of Chapter 4.14 entitled
"AMUSEMENT DEVICES" of this code. A complete listing of proposed
uses shall be submitted with every conditional use permit application.
:0525 Structures within one hundred fifty (150) feet of any single-family residential zone
boundary (other than property under a resolution of intent to any commercial zone)
or property within the Specific Plan azea encompassed by the MHP Overlay as
shown on Exhibit 3.3.2a, entitled "Mobilehome Park (MHP) Overlay Zone,"
exceeding a height equal to one-half (''/z) the distance from said building or
structure to said zone or overlay boundary. Dedicated streets shall be included in
calculating distance.
.0526 Theaters, including dinner, legitimate or motion picture theaters, performance
theaters or clubs, and indoor or outdoor amphitheaters..
.0527 Transportation facility, as defined in paragraph 18.48.030.070.0702 entitled " 'T'
WORDS, TERMS AND PHRASES" of this chapter; helstops, as defined in
Section 18.01.090 entitled " 'H' WORDS, TERMS AND PHRASES" of this code
(excluding heliports); provided that any such station or helistop shall be located a
minhnum of one thousand (1,000) feet from any residentially zoned property.
.0528 Uses or activities not listed, nonspecifically prohibited, in this chapter which aze
determined by the Planning Commission to be consistent and compatible with the
intended purpose of the Specific Plan.
.0529 Vacation ownership resorts subject to compliance with the requirements of Section
18.48.120 entitled "REQUIREMENTS FOR VACATION OWNERSHIP
RESORTS" of this chapter."
SECTION 3. PENALTY.
Except as may otherwise be expressly provided, any person who violates any
provision of this ordinance is guilty of a misdemeanor and shall, upon conviction thereof, be
punished in the manner provided in Section 1.01.370 of the Anaheim Municipal Code.
SECTION 4. SEVERABILITY
The City Council of the City of Anaheim declazes that should any section,
paragraph, sentence or word of this ordin~rtce hereby adopted be declazed for any reason to be
invalid, it is the intent of the Council this it would have passed all other portions of this ordinance
independent of the elimination herefrom of any such portion as may be declared invalid......
SECTION 5. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal or amendment of any other
ordinance of this City shall in any manner affect the prosecution for violations of ordinances,
which violations were committed prior to the effective date thereof, nor be construed as a waiver
of any tax, license or penalty or of the penal provisions applicable to any violations thereof. The
provisions of the ordinance, insofaz as they aze substantially the same as ordinance provisions
previously adopted by the City relating to the same subject matter, shall be construed as
restatements and continuations, and not as new enactments.
THE FOREGOING ORDINANCE was introduced at a regulaz meeting of the City
Council of the City of Anaheim held on the day of , 2004, and thereafter passed
and adopted at a regulaz meeting of said City Council held on the day of 2004,
by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
By
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
53687.11smenn
4
ZTEM N0. Z
RM-3000 CUP 2102 ___ RM-1200
---RCL80-61-pSTOWNHOMES ~ RCL 70-71-17 "'" "-
VAR 3196
RCL 59-60-112
VAR 2215
cL APARTMENTS
RCL 64-65-31 300.DU
CUP 2678
1 RCL 8283-08 RM-1200
~ ( CUP 2375 RCL 88-69-50
VAR 2034
~_I ARCADE APARTMENTS
RS-A-x3;000
3000 r j BADEN-POWELL
2-83-01 ) { RM-1200 ELEMENTARY
4-70-16 I 1 CL CUP 209 SCHOOL
4'75'16 I I CL RCL 66-67-15 APARTMENTS
D-71-51 ~ I RCL 70-71-51 SMALL SHOPS 58 DU
2354 I CUP 3926
1496 I I
HOMES ~--J I VACANT
------J 0 TTM 16fi50
CL ~ Imo, ST~ONYBROOK DR RCL 2004-0ONS
RCL 76-79-43 Q ~I~ 241 ~ RCL 90-91-3t
OL RCL 70-71-51 ~ (Res. of Intent to CL)
RCL 78-79-03 '. .RCL 65-66-71
RCL 66-67-62 W
(Res. of Intent CUP 2355 REST. ~ o CUP 2004-04631
to RS-7200 VAR 3382 ~ F RS-A-03 000 RM-1200 CUP 3436
VAR 3092 ~ CUP 379
CL m GPA 2004-00417
RCL 74-75-36 ~ VACAM
CUP 1843 MOTEL = GL
CUP 1736 U ee-s1a1 RM-1200 =
CUP 1547 CL .CUP 3436 o Q
a RGL70.7112 'CUP 2142 RCL 61-62-81 oQ
CL W CUP 2142 VAR 4322 OUP 209 ~ W
RCL 59-60-BO MOTEL m T-VA AR64322540 MOTEL APARTMENTS f0~
CUP 3260 ~ o
CUP 1643 MOTEL
R -7200 RS-7200
CL ~ R 2002
CUP 2003-04714 ° Da52s 1 DU EACH
RCL 60.81-32 4 1 DU
= T-VAR 2003-04559
VPR 1229
N ¢ (v-1D3s) ROME AVENUE
~ W MOTEL
o C'
9
RCL BD-81-01 CUP 2231 ~ RS-7200 ~~
RCL 71-72-35 VMOTEL6 1 DU EACH OQ~
CL ~'~
RCL 80-61-44
CUP 2237 RM-1200
ECONO LODGE RM-1200 RCL 62-63-36
MOTEL RCL 77-78-28 RCL 56-57-33
^^ CL ^ ^^ - RCL 56-57-33 CUP 314 RS-7200
General Plan Amendment No. 2004-00417 Subject Property
Reclassification No. 2004-00115 Date: March 22, 2004
Conditional Use Permit No. 2004-04831 Scale: 1" = 200'
Tentative Tract Map No. 16650
Requested By: JOHN WARD Q.S. No. 14
GENERAL PLAN AMENDMENT NO. 20D4-00477 - REQUEST TO AMEND THE LAND USE ELEMENT MAP OF THE GENERAL PLAN REDESIGNATING THE
PROPERTY FROM THE GENERAL COMMERCIAL AND MEDIUM DENSITY RESIDENTIAL DESIGNATIONS TO THE LOW~MEDIUM DENSITY RESIDENTIAL
DESIGNATION.
RECLASSIFICATION N0.2004-00115 -REQUEST RECLASOIFICATION OP THE PROPERTY FROM THE RS-A-43,000 (RESIDENTIAL/AGRICULTURAL) AND
RM-1200 (RESIDENTIAL, MULTIPLE-FAMILY) ZONES TO THE RM-3000 (RESIDENTIAL, MULTIPLE-FAMILY) ZONE OR A LESS INTENSE ZONE.
CONDITIONAL USE PERMIT N0.2p04-04831- REQUEST TO CONSTRUCT A 7-UNIT, DETACHED ONE-FAMILY RESIDEMIAL CONDOMINIUM SUBDIVISION
WITH WAIVERS OF: (A) MINIMUM DISTANCE BETWEEN BUILDINGS
(B) MINIMUM STRUCTURAL SETBACK ADJACENT TO A LOCAL STREET
(C) MINIMUM STRUCTURAL SETBACK ADJACENT TO AN INTERIOR LOT LINE
(D) MINIMUM REQUIRED RECREATIONAL LEISURE AREA
7ENTATIVE TRACT MAP NO. 16650 - REQUEST TO ESTABLISH A i-LOT, 7-UNIT DETACHED AIRSPACE RESIDEMIAL CONDOMINIUM SUBDIVISION.
736 South Beach Boulevard and 2966 West Stonybrook Drive 1216
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ITEP4 N0.
Staff Report to the
Planning Gommissiori
.:April 5, 2004
Item No. 2
2a. CEQA NEGATIVE DECLARATION (Motion)
2b: GENERAL PLAN'AMENDMENT N0: 2004-00417 (Resolution)
2c.` RECLASSIFICATION NO'2004-00115 (Resolution) ` ;
2d. WAIVER OF CODE REQUIREMENT > (Motion)
2e. CONDITIONAL USE PERMIT N0. 2004-04831 (Resolution)
2f. TENTATIVE TRACT MAP N0. 16650` (Motion)
SITE LOCATION AND DESCRIPTION:?
{1) This irregularly-shaped, 0.64-acre properly is located at the southeast corner of Beach
'Boulevard and Stonybrook privet having}rontages of 110 feet do the east. side of Beach
Boulevard ahd 241 feet on the south side'of Stonybrook Drive'{736 South Beach Boulevard
and 2966 West Stonybrook Drive).
REQUEST:
(2) The petitioner requests approval of the following:
®r General Plan Amendment Not 2004-00417 - to amend the Land Use Element Map of
the General Plan redesignating this property from the General Commercial and Medium
Density Residentiab designations to theLow-Medium Density Residential designation.
o i Reclassification Nb: 2004-00115 - to reclassify this property from the RS-A-43,000
(Residential/Agricultural) and IRM-1200' (Residential, Multiple-Family} zones to the'RM-
? 3000 (Residential, Multiple-Family) or less intensezone.
Conditional Use Permit No. 2004-04831:.- to construct a 7-unit detached one-family
' residential airspace condominium subdivision under authority: of Code Section No:!
18.31'.050.090 with';waivers of:
(a) SECTION NO. 18.31.065.012 Minimum structural setback adjacent to a local
'street 15 feet required; 10 fee€proposed)
(b) SECTION NO. 18.31.063.022 Minimum structural setback adjacent to an
interior lotline"(10 feet required; 5 feet
proposed)
(c) SECTION NQ. 18.31.063:030 Minimum required recreationalleisure area
(7000 square feet required; 8166 square feet
;:proposed)::
(d) SECTION NOS118.31.065:011 Minimum distance between buildinos (20 feet
{required;' 10 feet proposed)
e.:.. Tentative Tract Map No. 16650 - to establish a 1-lot, 7-unit detached residential
airspacelcondominium subdivision.
Sr3064Ey.doc
.Page 1
Staff Report to the
Planning Commission
April 5 2004
Item Nd'. 2
BACKGROUND:
(3) ;This item was continued from the March 22, 2004, Planning Commission meeting in
order for a sewer'study to be completed and reviewed by Development Services
Division'of the Public Works Department.
(4) ;This property currently consists of two vacant parcels and is zoned RS-A-43,000 and RM-
1200. The Anaheim General Plan Land Use Map designates these parcels for General
Commercial and Medium Density Residential land'uses, respectively.
(5) Surrounding General Plan land use designations are as follows:
Direction General Plan Designation
North (across Stonybrook GeneraLCommercial and
:Drive) Medium'Densit Residential
East Medium bensity Residential
General Commercial and
South Medium Densit Residential
West (across Beach: General Commercial
:Boulevard
PREVIOUS ZONING ACTIONS:
(6) The following zoning actions pertain to this property:
(a) Conditional Use Permit No. 3436 (to construct afour-story, 61-unit motel including a
manager's unit) was approved by the Commission on July 29, 1991. This entitlement
was never exercised and'should be terminated.
(b) Conditional Use Permit No. 379 (to construct a service station) was: approved 6y the
City,Council on April 30,:1963. This' entitlement is no longer being`exercised and
should be terminated.
GENERAL PLAN AMENDMENT REQUEST. ''
(7) `The petitioner requests an amendment to the Land Use Element Map of the Genetal Plan
to redesignate this property from the General Commercial and Medium-pensity Residential
land use designations to the Low-Medium Density Residential land use tlesignaton.
(8) The Geheral Plan provides an official guide for future development within the City and is
intended'to promote an arrangement df land uses,' ransportation services and other public
services; which provide orderly development and adequate provision for public
improvements. Since the initial adoptionbf the General Plan, the Planning Commission and
City Council have viewed the General Plan as being flexible with the specified ranges. This ''
idea is reflective of the introductory text of the General Plan Text, which reads as follows:
"The Anaheim General Plan is not a precise plan and does not show, nor intend to show,
the exact land use pattern which will in fact occur.: Instead, it indicates`the general location
of land uses and fhe interrelationships of various Yand use patterns as shown on fhe
Page 2
Staff Report to the
Plannirig Commission
April 5;.2004
Item No: 2
General Plan Land Use Map. The Plan constitutes an expression of current City objectives,
principles; standards, proposa/sand policies and provides a basis from which decisions
relating to`specific land use proposals can be made."
(g) The following is a comparison of the existing General Commercial and Medium Density
(Residential land useidesignatidns and ttie proposed Low-Medium DensityResideritial
designatidrr.
:ADOPTED GENERAL PLAN EXISTING).
Typical Density Potential Estimated
Land Use Approximate
Implementation Range
' Dwelling Units Average Daily
Designation Acres „ ~~~o (DU
s per (Avg. -Max.) .Trips (ADT)
_
az.
1'
Typical ?Density Potential Estimated Average:: '
Land Use Approximate Implemertation Range ` Dwelling baily Trips (ADT) (Avg.;
Designation Acres Zone `(DU's per Units to Max.)*
Gross Acre) Av . to Max.
Low-
Medium RS-5000 0 - 8.7 4 = 5 54'- 67
Density ' 0.64 ;RM-3000 0 -14.5 <;
' 7 - 9 73'- 94
'
Residential RM 2400 0 to 18 8 -11 68
- 93
* Estimated Average paify Trips are based on 13.5 trips/DU for the RS-5000Zone~ 10.5 trips/DU for the RM-
3000 Zone artd 8.5 trips/DU fdr the RM-2400 Zone.
(11) The proposed Low-Medium Density Residential land use designation is intended to provide
for and ertcourage he development of detached, small-lot single-familyhomes,
condominiums, towrhouses, and apartments not exceeding the maximum density range as
prescribed by the Gerieral Plan and zoning: This designation is'typically implemented by
the RS-5000 (Residential, Single-Family)RM-3000:and RM-2400 (Residential, Multiple-
Family) zones. The Low-Medium Density Residential land use designatioh would permit a
theoretical maximumbf up to 11 units afabensity of,18 dwelling units per gross acre for
this property.
Page 3
Staff Report to the
Planning Commissidn
April 5; 2004
Item No; 2
(14) Following is an analysis of dwelling units per acre of the subject property compared with
'nine otheFrecentlyapproved detached odhdominium projects in the City:
I -`
Project
Zoning -
No.oFUnits SlteArea NetDenslty ~,
"
r :acres) erAc~e
Proposed Project RM-3000 7 0.64 10.9
:The Olson Company RM-3000 21 2
50 BA
3302 West Ball Road r .
Rio Vista RM:3000 26 2.90 9.0 '
226-230 North Rio Vista <
Brandywine Developments RM-3000 12 3
1 9
2
820 S, Ma nolia Avenue . .
Knottl8all RM-3000 18 2.1 8.6
832 South Knott Ave.
Peppertree Walk RM-3000 68 5:67 11.9
1925 W. Lincoln Ave.
Linhaven RM-300D 60 6
3 9.5
2144 W. Lincoln Ave. .
`: Cypress Infill RM-30D0 41 3.0 13.6
NEC C ress St.& Olive St:
Coffman RM-2400 3 0.27 11.1
203 N. Coffman St.
l.Incoln/Brookhurst RM-3000 57 6.25 9.1
112-218 S. Brookhurst St'
" Codeallows a maximum density of up to 14.5 dwellinguhits per acre irithe RM-3000 Zone.
(15) Plans show seven detached one-family units with four units to the west of the proposed
driveway and three units to the east. Five of the seven units would have vehicular access
from the rear, away from the public street' Due to constraints pertaining tb the depth of the
ilbt at the terminus ofthe cul-de=sac, two units wouldhave garages fronting onto
'Stonybrook Drive.
Plans indicate the following project characteristics:
Code Standards S RM-3000 Zone Standards Proposed Project
Density 11 units@ maximum 14.5 DU's
'
7 units@ 11 DU's per acre `
,
per acre
Lot Coverage 40 percent maximum +31 percent
Structural height 'r 35feet maximum 23 feet
Parking Spaces Minimum 25 parking spaces; 30 parking spaces;
14; spaces covered 14 paces covered
Minimum 20 feet landscaped;
Setback adjacent to Beach Boulevard one tree,per 20 lineal feet (6 20 feet, landscaped(6 trees}
trees}
Minimum 15 feet landscaped; 10 feet for units 1 through 4; 20
Setback adjacent to Stonybrook one tree'per 20 linear feet (12 - 25 feet for units 5 ttirough 7
trees 14 trees total}
Page 5
Staff Report to thee:
Planning Commission
April 5; 2004
Item Nor 2
i Setback adjacent to east property line
(apartment complex) Minimum 10 feet, landscaped 5 fee[ landscaped
Setback adjacent to south property line.
Minimum 8 feet, landscaped 45 feet for units 1 through 4; ~
10 -18 feet for units 5 thrcugh;
(motel) f7,landsca ed ~
Recreational Leisure area Minimum,7,000squarefeettotal 5,166,squarefeettotal-
'
'
~ _ 1,000 s uare feet er unit 738 s uare feet
er unit
(16} The floor plan (Exhibit No. 2) indicates that all units' have identical floor plans and are two-
story, 3'bedroom (plus one den), 2.5 bathroom units with 1,785 square feet of living area.
The first floor includes a 2-cargarage, kitchen, dining room, living room(den or Iiti~ary, a
half bath and a private patio at the mairi'entrance: Plans show the second floor df each unit
with 3 bedrooms, 2 bathrooms, walk-In closet, family room,Taundry room and a balcony.
Entrance'to the uriits is gained at the side of each building from a private patio area and
through direct access from within the garage. Code requires a minimum of 950 square feet
of living: area for three-bedroom units.
(17) The elevation plan(Exhibit No. 2) shows that the front elevatjon of the units faces he public
street, with the exception of the two units located at the curve of the cul-de-sac. The
majority of the driveways, garages and off-street parking are located to'the rear of the units, ,
away from the public street. The main entrances to each unitwould be located or( the side
of the buildings, wikh access'gained through the private front patio. Theview of the project ';
'from Stonybrook Drive shows a row of seven detached units,'with French doors and low
walls surrounding the private'patios on the first flooi-and balconies on the second floor.
Elevation'details include multi-paned windows, decorative wrought iron balcony railings and
i a first floor bay window. The two most easterly units have a reverse floor plan in which the
elevation'visible to the street would include the garage. The most westerly unit would be
visible from Beach Boulevard and the elevation includes the main entry for said unit and
numerous shuttered windows`on both the first and'second floors.
(18) 'The conceptual landscape plan indicates fve (5) 15-gallon Bottle Trees'and one (1) 15-
gallortCrape Myrtle to be planted in the etback along Beach Boulevard. Code requires a
minimum' of 1 tree per 20 lineal feet of frontage fora total of 6 trees. The plan also indicates
ten (10)`15-gallon'Bottle Trees and fouc'(4) Crape Myrtle Trees in the setback along
Stonybrook Drive. The plan also indicates a variety of shrubs.{New Zealand Flax, Blue
Hibiscus;' Mexican Sage, French Lave~dar, Heavertly Bamboo and Day Lily), groundcover
and turf hroughout'the project, specifically in areas between each unit.:`
ENVIRONMENTAL IMPACT ANALYSIS:
(19} 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's Negative: Declaration be approved upon a finding by the Planning
Commission that the Negative Declaration reflects the independent judgment of the lead
agency; and that it has considered the proposed Negative Declaratiolf tdgether 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 significanYeffect on the environment.
The applicant has submitted a sewer study at the request of Public Works Department,
Development Services Division. Based: on the Combined West Anaheim Master Plan of
Sanitary,Sewers, First Revision prepared for the City of Anaheim, datetl June 2002, and
khe Stohybrook Villas Sewt:r Study prepared by Hoss, William and Associates, dated March
Page 6,
Staff Report to the
.Planning Commissioh
April 5, 2004
'Item No. 2
REVISED 415104
2004, the site discharges to an existing 8-inch sewer line in Beach Boulevard which is
currently operating at full capacity. The Public Worksbepartmeht is not supportive of the
applicant's request to dischargeto this deficient sewer line. An alternative,'~which ha"s been
incorporated into a condition of approval, is! o reconfigure the point of connection to the
samesewer line, butsouth of the deficient portion of the line. City records'indicate that the
8-inch sewer line in Beach Boulevard increases to an existing 10-inch sewer line south of
ttie southern property line, which`at this time has sufficient capacity available to sustain this
development under the existing and build-put conditions. If this alternative is deemed
feasible by the applicant and pending subsequent review and approval by he City
Engineer, to confirm that the 10-inch line has the needed capacity, the project at build out
would not Have a negative impact on the City sewer system.
GROWTH MANAGEMENT ELEMENT ANALYSIS::
(20) The proposed project has been reviewed by affected City departments to determine
whether it conforms with the City's Growth. Management Element adopted by the City.
Council on March 17,'.1992. Based on City staff review of the proposed project, it has been
determined that this project does not fit within the scope necessary to require a Growth
''Management Element analysis; therefore, no analysis has been' performed.
EVALUATION:
(21) The petitioner requests rezoning of the property from the RS-A-43,000 and RM-1200 zones
to the RM-3000 zone;: The requested rezoning wouldbe compatible with the proposed
:General Plan designation of Low-Mediumbensity Residential. Staff feels that the RM-3000
Zone is compatible with the adjacent aparEments to the east, Further theproperty is
designated as a Housing Opportunity Site in the Housing Element of the General Plan.
The project site contains two (2) of the eight (t3) parcels identified as Site No. 27 of the
West Anaheim Area in the Housing Element with a density range of 6 to 18 units per acre.
.The Housing Element indicates the 0.64-acre site could potentially accommodate from 3 to
11 units.
(22) Waiver (a) pertains td minimum structural `setback adjacent to a local street. Code requires
a minimum 15-footwide front setback from Stonybrook Drive. Plans indicate a proposed
setback of'10 feet for units 1 through 4. The setback was decreased in odder to orient the
units in such a way that would provide garage and driveway access from the rear oEthe
property. [Since the bulk of the: paved area is located at the rear of the project, the visual
impact of the proposed fully landscaped setback would be much strongerthan a Cdtle-
rconforming setback;'comprised of numerous driveways. Further, the lot is long and narrow
'making compliance with the Code-required setback difficult and the proposed setback
.:would. be consistent with the front setback requirement for the RS-5000 zone. Based on
he aesthetically pleasing design of the project orientation and the inability to meet the
'.Code required setback with said design, staff recommends approval of this waives I
(23) :Waiver (b) pertains to minimum structural setback adjacent to an interior,lot line. Plans
indicate that unit no.r7 would have a 5 foot wide setback from the east property line,
:adjacent to the apartment complex. Cade requires a minimum setback of 10 feet based on
the length; height arid type of building wall. A 5 footwide setback would meet Code
':requirements for the RS-5000 zone, and due to the detached, single-family nature of the
'proposed"project, staff feels that the proposed setback is adequate for this development.
As described in paragraph no.23, the orientation of he buildings caused. difficulty in
'meeting required setbacks, in this instance due to the need for the 22 foot wide driveway to
access the rear of the property from Stonybrook Drive. Therefore, staff recommends
approval'of this waiver.
Page 7:-
r~., may,.
common areas. Code would typ
` recreational leisure'area per unit;
reduced to 1,000 square feetper
area is provided for?each unit. `.. S'
'; private leisure area"per unit, 7 Ol7
this project. This proposal includ
square feet of common recresitio
square feet of private recreations
private dourtyards, which nearly4
that providing large private cburtj
common areas in terms of usatiil
easily accessible toiall units. Fui
the long, narrow configuratiort of
the number required by Code: C
landscaping is provided adjacent
area to be used to satisfy the req
aooroval' bf this waiver.
(25) 'Waiver (d) pertains'to minimum i
i the proposed dwelling units. Plai
? detachedldwelling units. These'
similar to detached'single-famlyr
3000 devsaopment'standards'anl
such as townhomes. The Planni
condominium subdivisions have:
units. Staff recommends aoprov
(26) Staff is supportive of the Genera
condominiums on this property.
create amore livable and aesthe
condominium use as weCl as the.:
concern pertaining o the submit)
enhancements to the elevations`
decorative embellishments, varyi
applicantifias also expresseda v
to submjt'revised plans in theltin-
approved, final elevation plans b~
themes for these seven units:
FINDINGS
(27) : When practical difficulties or unn
i Zoning Code, a modification mad
because'bf special circumstance
enjoyed by other properties in` hi
waiver is o prevenfdiscriminatio
of granting a special privilege'ho
code waiver is granted by the: Ph
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:essary hardships result from strict enforcement of the
ie granted for the purposeof assuring that no property,
applicable to it„shall be deprived of privileges commonly
game vicinity aril zone. The sole purpose of any code
and none shall tie approved which would have the effect
hared. by other similar properties. Therefore, before any
Wing Commission, it shall'be shown:
Page; 8
Staff Report to the
Planning Commission
April 5; 2004
Item No. 2'
((a) That there are'special circumstances applicable to the property such as size, shape,
topography; location or urroundings, which db not apply to other identically zoned
properties in the vicinity; :and
(b) That strict application of the Zoning`Code deprives the property of privileges enjoyed
by other properties under identical zoning classification in the vicinity.
" (28) Before the Planning Commission grants any conditional use permit, it must make a finding
df fact thafthe evidence presented shows that all of the following conditions exist:
(a) That the proposed use. is properly one for which a conditional use permit is
authorized by the Zoning Code, dr 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 td the particular area
nor o the peace, health; safety, and general welfare;
(d) That the traffid' generated by the proposed use will not impose an undue burden
upon the streets and highways designed and improved o carry the`traffic in the
area; and
(e) That the granting of the conditional use permit under the' conditions imposed; if any,
will not be detrimental to the peaces health, safety and'general welfare of the
citizens of theCity of Anaheim.
(29) The State Subdivision Map Act. (Government Code, Section 66473.5) makes it mandatory
td include in all motions approving, or recommendingapproval of a tract map, a specific
finding thafthe proposed subdivision together with its design and improvement is
consistentwith the City's General Plan.
Further, the law requires that the Commission/Council make any of the following findings
when denying or redommending denial of a tract map:
1. That the proposed map!is not consistent with'applicable General and Specific
Plans.
2. That the design or improvement of the proposed subdivision is not consistent with
applicable General and Specific Plans.
3. That the site is not physically suitable for the ype of development::
4. That khe sde is not physically suitable fpr the proposed density of development.
5, That the design of the subdivisionbr the proposed improvements are likely to
cause substantial environmental tlamage or substantially and avoidably injure fish
or wildlife ortheir habitat.
$. That the design of the subdivision'or the type of improvements islikely to cause
serious public health problems.
'.Page 9
Staff Report to thee:
Planning Commission
April 5 2004
Item Nd. 2
7. That the design of thesubdivisipn or the type of imprpvementswill conflidt with
easement5;;acquired by the public at large;: for access through'or use ofproperty
Within the proposed subdivision:'
RECOMMENDATION:
(30) Staff recommends that unless additional`or contrary information is received during the
meeting;'and based upon the evidence'submitted3o the Planning Commission, including
the evidence presented in thisistaff report, and oraland written evidence presented at the
public hearing that the Commission take the following actions:
(a) By;motion, approve the CEQA Negative Declaration.
(b) By resolution; recommend approval of General Plan Amendment No. 2004-00417
tp redesignate this property from the Generaf Commercial and Medium Density
Residential designations to the Low-Medium' Density'Residential'designatipn by
adppting Eznibit A.
(c) Byresolution'approve Reclassifidation No. 2004-00115 to reclassify this property
:from the RS-A-43,000 and RM-:1200 zones to the RM-3000 zone because this zone
would be consistent with the proposed Gerie~al Plan designation'of Low-Medium
Density Residential.
(d) Bymotion, approve waivers pertaining to, (a) minimum structural setback adjacent to
a local street(. (b) minimum structural setback adjacent to an interior lot line and (c)
minimum required recreational leisure area (d) minimum distance between buildings
based on the following:''
(i) ,That the proposed setbacks and distance between buildings are consistent with
setback'ri;quirements for other' detached single-family residential zones;
specifically the RS-5000 andRS-7200 Zones.
(ii) That similar projects have recently been approved for these waivers.
(iii) That the configuration of the units, with the buildings closer to the street and
parking to the rear cause difficulty in meeting coda. requirements for the RM-3000'.
zone,'including setback requirements and required recreational leisure area due
to the Ipng, narrow configuration of the of and frontages pn two publiCstreets.
(e) By resolution'; approve Conditional Use Permit No. 2004-04831 (to construct a
Yesidential 7-unit detached one-family residential cdndominium'subdivision) based an
the following:.
(i) That the subdivision is properly one for which a conditional use permit is
authorized by the Zoning Code.
(ii) That the subdivision as designed and conditioned herein would not
adversely effect the adjoining Iarid Uses and the growth and development
of the area in which it is proposed<to be located.
(iii) That the size and shape of the site for the subdivision is adequate to allow
tte full development pf the 7 units in a manner not detrimental to the
surrounding residential neighborhoods.
Page 10
Staff Report to the
Planning Commission
April 5, 2004
'Item No. 2
REVISED 415104
(iv) That the traffic generated by the subdivision would not impose an undue
burden upon the streets and highways designed and improved to carry the
traffic! in the area.
(v) That the granting of this conditional use permit, under the conditions
Imposed, would not be detrimental to`the peace; heath, safety, and general
welfare of the citizens of the City of Anaheim.
°(f) By motion, approve Tentative Tract Map No. 16650 to establish a 1-lot, 7-unit
detached residential airspace condpminium subdivision since the design and
improvement of the proposed subdivision would be consistent and is conditioned
upon;the proposed General Plan land use 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 INTHE EVENT THAT THIS RECLASSIFICATION IS APPROVED.
1. ! That approval of Reclassification No, 2004-00115 is contingent upon approval of General Plan
Amendment No: 2004-0041.7 by the City Council'
2. That prior to introduction of an ordinartice rezoning subject property, a preliminary title report shall
be furnished to fie Zoning'Division showing the legal vesting of title, a legal description and
containing a map of the property.
3. That prior to placement of an ordinance rezoning subject property on an agenda for City Council
consideration, Condition Nos. 1 and 2; above-mentioned, shall be completed. The Ciry Council
may approve or disapprove`a zoning ordinance at its discretion. If the ordinance is disapproved,
the procedure set forth in Anaheim Municipal Code Sectionl18.03.085 shall apply. The provisions
or rights grantedby this resolution shall become'null and void by action of the Planning
Commjssion unless said. conditions are completed within one (1) year from the date of this`
resolution, or such further time as the Planning Commission may grant.
4. That approval 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 equirement.
THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS
AN INTERDEPARTMENTAL COMMITTEE'AND ARE+RECOMMENDED FOR ADOPTION BYTHE
PLANNING' COMMISSION IN THE EVENT THAT CONDITIONAL'USE PERMIT NQ'2004-04831IS
APPROVED. '
1. That a final landscape and;irrlgation plan for sutiject property shall be submitted to the Zoning
Division for review and approval. Said landscape plan shall show minimum 24-inch box sized
trees; shrubs, groundcover and vines to be planted in layers in common areas and street `
setbacks and tte following; specific information:`
(a) ''Landscape berm, hedge and a'minimum of six (5) trees adjacent to Beach Boulevard.
(b) A minimum of twelve (12) trees adjacent to Stonybrook Drive. ; ';
(c) ;One (1) gallon clinging vines, planted on maximumthree foot centers, adjacent to any
screening walls and"all walls bordering the proposed private driveway.
(d) 'A total of seven (7).24-inch box sized Tipuana TipU trees within the proposed parkway on
Stonybrook Drive. Minimum width of parkway shalj be 6 feet, with one tree planted
`Page 11 `r
Staff Report to the?
Planning Commission
April 5; 2004
Item No' 2
i approximately in front of each unit. The entire parkway shall be irrigated by a system
! supplied from the development.
(e) ;Landscaping of setback areas along Beach Boulevard and Stonybrook Drive.
Any decision made bythe'Zoning Division regarding sa'td:plan may be appealed to the Planning
Commission as a Reports and Recommendations item.
2. % That all trees shall be properly and professionally maintained to ensure mature, healthy growth.
3. Thata final fencing plan for subject property shall be submitted to the Zoning bivision far review
and approval. Said fencirg plan shall depict tYie overall design of any proposed fencing;: including
colors and materials, for the following:
(a) ?The approximate 3-foot high fencing between units with the purpose of screening the trash
barrel storage areas from pufilic view.
(b) ;The maximum 3-foot high walls surrounding the private patios for each unit.
Any decision made by theiZoning Division regarding said plan may be appealed to the Planning
Commission as a Reports and Recommendations item. i
4. ' Thatfinal precise elevation plans shall be submitted to the Zoning Division for'review and
approval, Said`elevation plans shallishow include three (3) alternating architectural themes for
the Units and compatible enhancements such as stone veneer, decorative architectural details
(awnings, ironwork, shutters, etc.} and complementary colors incorporated into each design. Any
decision by the'Zoning Division maybe appealed to the Planning Cbmmission.'as a Reports and
Redommendatfbns item,
5. That'gates shall not be installed across any driveway or private street in a manner which. may
adversely affect vehicular raffic in the adjacent public street. Installation of any gates shall
conform to Engineering Standard Plan No. 609 and subject to the review and approval of the City
Traffic and Transportation Manager.`: Said information shall be specifically shown on plans
submitted for building permits.
6. > That plans shall be submitted to the City Traffic and Transportation Manager for his review and
approval in conformance. with Engineering Standard No,;137 pertaining to sight distancevisibility
for any proposed walls orfences.
A That7oll-up garage doors'shall be shown on plans submitted for building permits. Said tloors
shall be installed and maintained as hown on submitted,plans.
8. Thaf all backflow equipment shall be located above ground outside of the street setback area in a
manner fully screened from all public streets. `Any backflow assemblies currently installed in a
vaultshall be brought up o currentstandards.; Any other large water system equipment'shall be
installed to theaatisfaction of the Water Engineering Division in either underground vaults or
outside of the street setback areasin a manner fully screened from'all public streets and alleys.
Said information shall be`shown on plans and?approved by Water Engineering and Cross
Connection Control Inspector before submittal for building permits.
9.` That all requests for new water services or fire lines, as well as any: modifications, relocations, or
abandonment of existingiwater services and fire lines, shall be coordinated through Water
Engineering Division of tte Anaheim Public Utilities Department.
10. That since thisproject has landscaping area exceeding 2,500 square feet, a separate irrigation
meter shall be installed and shall. comply witFi City Ordinance No: 5349 and Chapter 10:19 of the
Page 12
Staff Report to the
< Planning Commission
April 5; 2004
item No: 2
Anaheim Municipal Code. 'Said information shall be shown on plans'submitted for building.
permits.
11 That all existing water services shall conform to'current Water Utility5tandardsz Any existing
waterservices that do not meet current standards shall be upgraded if continued use is
necessary or abandoned by the developer if the existing service is nd onger needed. If the
existing services are no longer needed, they shall be abandoned by he developer.
12 That prior to application far water meters, fire line or submitting the water improvement plans for
approval, the developer/owner shall submit to ttie Public Utilities Water Engineering Division an
estimate of the maximum fire flow rate and maximum day; and peak hour water tlemands for the
project. This information will be usedlto determine the adequacy of the existing; water system to
provide the estimated water demands: Any off-site water system improvements, required td serve
the project shall occur in accordance with Rule No. 15A:6 bf the Water Utility Rates, Rules and
Regulations.
13.1 That individual water service and/or fire line connections shall be required for each residential unit
per Rule 18 of the City of Anaheim's. Water Rates, Rules and Regulations.
14. '- That any required relocation of City electrical facilities shall be at the developer's expense.': That
landscape and/br hardscape screening of all pad-mounted'equipment shall be required and shall
be shdwn on plans submitted for building permits.
15. That prier to issuance of a grading permit, the property owner shall be required to implement
appropriate non-structuraFand structural Best Management Practices: (BMPs) as specified n the
Orange County Drainage Area Management Plan (DAMP) Appendix G; and as'required by the
Public Works Department;'Development Services Divisions: The selected BMPsshall be
implemented and maintained to minimize the introduction df pollutants from entering the City of
Anahetm stormwater drainage system:
16. That the property; owner/developer shall install parkway landscaping and Irrigation between the
sidewalk and Curti along Stdnybrook Drive per Public Works Standard Detail Nb: 160. A Right of
Way Construction Permitfrom the Development Services Division sfiall be required for alfwork
performed in theinght of way. A bond shall be posted in an'amount approved by the City ,
Engineer and a form approved by the:City Attorney prior to issuance df building permits. The
improvements sftall be constructed prior to certificate of occupancy.
17. - That trash storage and trash collection areas shall be provided and maintained in a location j
acceptable to the Public Works Department, Streets and Sanitation Division. Said information
shall tie specifically shown'dn the plans submitted for building permits for Planning Department
and Public Works Department, Streets and Sanitation Division approval.
18. That all air conditioning facilities and other ground-mounted equipment shall be properly shielded
from view and npt be located in a manner that impedes the movement of trash' barrels from the
storage area to the collection area. Such information shall be specifically shown on the plans
submitted for building permits.
19. That all plumbing or other similar pipes and fixtures locatedbn the exterior of the building shall be
fully screened by;architectural devicesand/or appropriate building materials. Said information
shall be specifically shown`dn the plans submitted for building permits:
20. Thaf the property; shall be permanently maintained in an brderly fashion by providing regular
landscape maintenance, removal df trash ordebris, and removal of graffiti within twenty-four (24)
hdurs from time cf occurrence.
.Page 13
Staff Report to the:
Planning Commission
April 5; 2004
Item Nd: 2
21. That olothes washer and dryer hookups shall be incorporated into each condominium dwelling
unit and shalt 6e shown on the plans submitted for building permits::
22: That this Conditional Use Permit is granted subject to approval of General Plan Amendment
No: 2004-00417, adoption of a zoning ordinance in connection with Reclassification No12004-
00115 and the recordation of Tract Map No. 16650, now pending.
23. That the streets, sanitarysewers, artd storm drains within: the development shall be privately
maintained.
24. That the legal property owner shall submit a letter to the Zoning Division requesting termination of
Contlitional Use Permit Vds. 379 (to construe€a serviceastation) and 3436 (to construct a 61-unit
motel) to theZoning Division.
25. That subject property shah be developed substantially in accordance with plans and
specifications'submittetl to the City of Anaheim by the petitioner and which plans are oh file with
the Planning bepartment marked Exhibit Nos. 1 and 2, and as conditioned herein.
26: 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, 3, 4, 5, 6, 7, 8, 10, 11, 12;f 14, 15;:1.6, 17, 18, '
19 21, 22, 23 and 24, atiove-mentioned, shallbe complied with. Extensions for further time to
complete said conditions may be granted in accordance With Section 18.03.p90 of the Anaheim
Municipal Code..
27. That prior to final building and zoning inspections, Condition Nos. 16 and 25, above-mentioned,
shalGbe complied with.
28'. ThaE approval of this application constitutes approval of the proposed request only to the extent
thaEit complie5with the Anaheim Municipal Zoning Code and any'dther applicable City,; State and
Federal regulations. Approval does not include any action or findings as to compliance or
approval of the`request regarding any other applicable ordinance, regulation or requirement.
THE FOLLOWING CONDITIONSARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS
` AN INTERDEPARTMENTAL COMMITTEEAND ARE RECOMMENDED' FOR ADOPTION BY THE
PLANNING COMMISSION IN THE EVENTTHAT TENTATIVE TRACT MAP NO'16650 IS APPROVED.
1. That a maintenance covenant shall be submitted to the Subdivision Section and approved by the City
Attorney's office: The covenant shall include provisions for maintenance of common area landscaping,
(inclutling landscaping within the street setback areas) perimeter walls!and private facilities,`including
compliance with;approved Water Quality Management Plareand a maintenance exhibit. The covenant
shall 6e recorded concurrently with the final map.
2. That the legal property owner shall execute a Subdivision Agreement, in a form approved by the City
Attorney, to complete the required putilic improvements aftte legal property owner's expense. Said
agreement shaltbe submittetl to the Public Works Department, Subdivision Section approved by the
CityAttorney and the City Engineer and then recorded concurrently with the final map.
3 That all existing structures shall be demolished. The developer shall obtain a demolition permit from:'
the Building Divsicn.
4.' That al! condominium units'shall be assigned street addresses by the Building Division.
Page 14
Staff Report to the
Planning Commissidh
April 5, 2004
Item No. 2
5. That prior to approval of the final map or grading plari; whichever occurs first, the developer shall
submit a Water Quality Management Play (WOMP) specifically identifying,the post constructidh best
management practices that will be used on-site to'cdritrol pretlictable pollutants from'stormwatet'runoff.
The WQMP shall be submitted to the Public Works Department; Development Services Division for
review and approval:
6. :.That the approval of TentativeTract Map No. 16650 is granted subject to the approval and
finalization of Reclassification No: 2003-00115; General Plar Amendmerit Np? 2004-00417 arid
i Conditional Use Permit No. 2004-04831{ now pending.
7. That the legal owner of subject property shall provide the City of Anaheim with a public utilities
"easement across the property3o be determined as electrical design is completed.
8. That a final map to record the division of subject property shall be submitted to and approved by the
City of Anaheim and he Orange County Surveyor and shall then be recorded in the Office of the
Orange County Recorder.
9. That the applicant shall submits sewer improvement plan to construct a private sewer lateral that
would connect to the public sewer system where the sewer main and it s downstream components
s are not flowing at or above design capacity. The plans and any related sewer study shall be
"preparedby a Registered Civi(Engineer and shall demonstrate, to the satisfactioh of the City?
Engineer; hat the existing sewer line has'sufficientcapacity td;sustain this proposah Furthermore,
the applicant shall be responsible for anycosts associated with constructing a sewer lateral to
connect to the public sewer system per Public Works Standard Details No. 207-J and 203-E A
Right-of-Way construction permit shall be obtained from Caltrans for all work performed within the
Beach Bdulevard right-of-way;;.
10. ,That prior to final tract map approval, Condition Nos.1, 2, 3, 5, 6, 7, 8 and 9, above-mentioned, shall
be complied with.
11. '.That 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'tegulations. Approval
does not include any action or findings as to compliance or approval of the requestregarding'any
other applicable ordinance, regulation or requirement.
Page 15
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9TTACHbN;NT -ITEM N0. 2
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GENERAL COMMERCIAL AND MEDIUM DENSITY RESIDENTIAL
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Existing
Figure 2 1248
ATTACHMENT - ITEM N0. 2
EXHIBIT A
LOW-MEDIUM DENSITY RESIDENTIAL
ACRES
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Exhibit A
Figure 3 1248
ATTACHh1ENT - ITEM N0. 2
PETITIONER'S STATEMENT OF
JUSTIFICATION FOR VARIANCE/CODE WAIVER
(NOT REQUIRED FOR PARKING WAIVER)
REQUEST FOR WAIVER OF CODE SECTION: ~' =_
PERTAINING TO: y T~u~7u ~~ ~~f F~J~c~tc.
(A separate statement is required for each Code v
Sections 13.03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver may be
granted by the Zoning Administrator or Planning Commission, the following shall be shown:
That there are special circumstances applicable to the property, including size, shape, topography, location or
surroundings; which do not apply to other property under identical zoning classification in the vicinity; and
2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges
enjoyed by other property under identical zoning classification in the vicinity.
In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to
arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully
and as completely as possible. If you need additional space, you may attach additional pages.
Are there special c}rcumstances that apply to the property in matters such as size, shape, topography, location or
surroundings? _ Yes _ No.
answer is "Yes," describe the special circumstances: '-f1t~ ~'b-Jrt-4~G EtitD `Y(F-~1 /SNP
2. Are the special circumstances that apply to the property different from other properties in the vicinity which are in the
same zone as your property? _ Yes = No
If your answer is "yes," describe how the property is different:
Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring
properties located within the same zone? Yes " No
If your answer if `yes," describe the special circumstances:
4. Were the special circlmstances created by causes beyond the control of the property owner (or previous property
owners)? _ Yes p No
EXPLAIN:
The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be
approved wh' h would have the effect o granting a special privilege not shared by other property in the same vicinity and zone
which is no otherwise expressl on ed by zone regulations governing su ect pr perry. Use variances are not permitted.
_~ a~rie rOp2i ~1' O`.t:l°.: G: -"i i::hJ~ S.°.u A~~vi ~ •~r~~
r ., ~ /,~.
CO\TJii?ONAL L'SE PER~IIT:tiARLz\CE NO.~ . •':Y~l%~ ~`Tt"~ ~/
J:iraiaicc {+'xi~~v. Cat
ATTACHMENT -ITEM N0. 2
PETITIONER'S STATEMENT OF
7USTIFICATION FOR VARIANCE/CODE WAIVER
(NOT REQUIRED FOR PARKING WAIVEP.)
REQUEST FOR WAIVER OF CODE SECTION:
PERTAINING TO: M 1 li l tr. V h~
Sections 18.03.040.030 and 15.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver may be
granted b}' the Zoning Administrator or Planning Commission, the following shall be shown:
That there are special circumstances applicable to the property; including size, shape, topography, location or
surroundings, which do not apply to other property under identical zoning classification in the vicinity; and
2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges
enjoyed by other property under identical zoning classification in the vicinity.
In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to
arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully
and as completely as possible. If you need additional space, you may attach additional pages.
I.
2. Are the special circumstances that apply to the property different from other properties in the vicinity which are in the
same zone as your property? _Yes _ No
If your answer is "yes," describe how the property is different:
Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring
properties located within the same zone? _Yes No
If your answer if "yes," describe the special circumstances:
4. Were the special circumstances created by causes beyond the control of the property owner (or previous property
owners)? _Yes _ No
EXPLAIN:
The sole purpos 'f any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be
approved whic would have the effect ting a special privilege not shared by other property in the same vicinity and zone
which is not therwtse expressly__ orize by zone regulations governing subject pr erty. se variances are not permitted.
~i wre of Property Owner or Authorized Aeent ~ Date ' i
CO\7tTtO\AL tSE PER.~IIT:VARLA\CE \O. ~/~ ~~ f~~~ c
i7625TinC'c~1HEic t?,'_OCR".
t LL5:32:~:1~L w~I4'^. CM
{' „.., ~ _.
(A separate statement is required for each Code waiver)
itittr-einR- I.o7 UiNE~! ~>7 P~- '
Are there special circumstances that apply to the property in matters such as size, shape, topography, location or
surroundings? +lYes _No.
ATTACHMENT - ITEM N0, 2
SECTION 4
PETITIONER'S STATEMENT OF
JUSTIFICATION FOR VARIANCE/CODE WAIVER
(1`'OT REQUIRED FOR PARKING WAIVER)
n ~ f ~ . ~ .,f.- --
REQUEST FOR WAVER OF CODE SECTION: _ ~~
(A separate statement is required for each Code waiver)
PERTAII~TINGTO: Nt1A1tMUM f-t~~'t~c-L% ~[}'.-c7t71~' ['F 12C-P~i~
Seciions 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 Plannine Commission, the following shall be shown:
That there are special circumstances applicable to the property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical zoning classification in the vicinity; and
2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges
enjoyed by other property under identical zoning classification in the vicinity.
In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to
arrive at a decision, please answer each of the following questions regarding the properly for which a variance is sought, fully
and as completely as possible. If you need additional space, you may attach additional pages.
Are there special circumstances that apply to the property in matters such as size, shape, topography, location or
sufroundings? _ Yes _ No.
If your answer is "Yes; 'describe the special circutns[ances:
2. Are the special circumstances that apply to the property different from other properties in the vicinity which aze in the
same zone as your property? -Yes _ No
If your answer is "yes," describe how the property is different:
3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring
properties located within the same zone? Yes No
If your answer if "yes," describe the
Atia Stti~ ~~ Flty-1tW
[ems
s
4. Were the special circumstances created by causes beyond the control of the properly owner (or previous property
owners)? _ Yes ~ No
EXPLAIN
The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be
approved which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone
which is not otherwise expressly authorized by zone regulations governing subject property. Use variances aze not permitted.
Signar:re of Prepern• Ouner er Authorized Agent
Date
CONDITIONAL L'SE PEF\fFf'\'.~RL~\CE 1~0. i~f?~~~`~ ~~'~~' `~s`1
DECEMHER 1?.?600
ATT9GH~fENT - ITE~2 N0. 2
PETITIONER'S STATEMENT OF
JUSTIFICATION FOR VARIANCE/CODE WAIVER
(NOT REQUIRED FOR PARKING WAIVER)
REQUEST FOR WAIVER OF CODE SECTION: x ~ F~= : "' '~~%~
(A separate statement is required for each Code waiver)
PERTAINING TO: >LI 1 N t m V 9`" Dd SYF~-nlc~ ps(;-(w~-~~, piUl Ly I N/vi
Sections ]$.03.04'0.030 and 15.12.060 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 not apply to other property under identical zoning classi cation 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.
I. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or
surroundings? _ Yes r No.
If your answer is "Yes," describe the special circumstances:
2. Are the special circumstances that app to the property different from other properties in the vicinity which aze in the
same zone as your property? -Yes _ No
If your answer is "yes," describe how the property is different:
3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring
properties located within the same zone? '•'S'es No
answer if "yes," describe the special circumstances:
w•rf+r2 s;lN[-'L£ GFFrv:II,V 'SVYF. Divv~t..oPnn~tv`(S (-IWt17
4. Were the special circumstances created by causes beyond the control of the property owner (or previous property
owners)? _ Yes ~ No
EXPLAIN:
The sole purpos .bf any vaziance or Code waiver shall be to prevent discrimination, and no vanance or erode waiver shah oe
approved whit would have the effect of granting a special privilege not shared by other property in the same vicinity and zone
which is not rwise expressly au by zone regulations governing subject pr rty. se lances are not permitted.
~~ ~
~ ii~
~~ re of Propem Owner or Authorized Agent Date
COND7I0\AL USE PER~IIT..1'.~P.LA\CE \0.~~~a-~~ < < ~' = r
~ ip2~,CEC~k23tR !]~ ]L•~C
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y.p~ c""^ n .b ., ~ tR0~r.1_~~ ~ \ \ GOB /\
ALL PROPERTIES ARE IN THE REDEVELOPMENT PROJECT ALPHA (NORTHEAST AREA)
Conditional Use Permit No. 3265 Subject Property
TRACKING NO. CUP2004-04835 Date: April 5, 2004
Scate: 1" = 200'
Requested By: INTERNATIONAL CHURCH OF GOD Q.S.. No. 131
REQUESTS REINSTATEMENT OF THIS PERMIT BY THE MODIFICATION OR DELETION
OF A CONDITION OF APPROVAL PERTAINING TO A TIME LIMITATION (APPROVED
ON OCTOBER 25, 1999 TO EXPIRE APRIL 9, 2004) TO RETAIN AN EXISTING CHURCH
AND TO MODIFY THE HOURS OF OPERATION.
1250 North Red Gum Street-The Cornerstone Church
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4
1252
ITEM N0.
Staff Report to the
Plannirig Commission
April 5; 2004
Item No: 3
3a.' CEQANEGATIVE DECLARATION (PREVIOUSLY-APPROVED) (Motion)'
3b. `CONDITIONAL USE PERMIT NOi'3265 (Resolution)
(TRACKING NO: CUP 2004-04835)
SITE LOCATION'AND DESCRIPTION:
- (1) .This rectangular-shaped 1.06-acre property has a frontage of 155 feet on the east side of
Red GumiStreet and'a maximum depth of 298 feet and is located 500 feet south of the
centerline'of Miraloma Avenue (1250 North Red Gum Street-.The Cornerstone Church).
REQUEST:
(2) The petitioner requests reinstatement of this permit by the modification or deletion of a
'.`condition of approval'pertainingto atime limitation (approved on OctobeE25, 1999; to
expire April 9, 2004)(to retain an existing church and to modify he hoursbf operation under
authority of Code Sections 18.03.091 and 18.03.093:
BACKGROUND:?
(3) This property is currently developed with a 24,830 square foot; 2-story industrial building
;`and zoned SP 94-1; D.A. 1 (Northeast Area Specific: Plan, Industrial Area): The Anaheim
General Plan Land Use Element Map designates thisproperty for General Industrial land
.uses. This;property,is also located within the Alpha NortheasERedevelopment Project Area.
(4) Conditional Use Permit No. 3265 (to permit a church facility within an industrial building with
waiver of minimum number of parking spaces) was approved 6y the Commission on April 9,
.1990, for three years:.: On June' 14, 1993, the Commission approved athree-year extension
bf time to expire on April 9, 1996. On April 29, 1996;;the Commission approved an
additional three-year`extension'of time, which expired on April;9, 1999. On Octobe[ 25,
.1999, the: Commission approved afive-year extension of time o expire oh April 9, 2004.
(5) Resolution No. PC99-186, adopted in connection with Conditional Use Permit No. 3265,
'contains the following' conditions:
'`10. Thaf subject church facility shall expire five (5) years from the expiration date in
Resolution No: 96-43, odApril 9,2004.
19. That the church hours and activities shall be limited to the following`.:
Sunday 9 a.m, to 6 p,m:
Mon: through Friday 830: a.m. to 4:30 p.m.
Saturday 8 a.m. - 11 a.m,"
(6) The petitioner, Pastor Rick Donna, representative of The Cornerstone Church, has
submitted a letter of request t6etain the ohurch and to delete he condition of approval
`_pertaining b a time limitation. A supplemental letter: requesting, modification of the hours of
operation for the existing church was also submitted:'
Sr5087jr
Page 1
Staff Report to the
Planning Commission
April 5; 2004
Item No. 3
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r View of Property from Red Gum Street
DISCUSSION'
(7) ? In order3o demonstrate that the findings required for the reinstatemenfof this use have
been satisfietl, thepetitionet has submitted the attached "Justification for Reinstatement'
' which indicates, with the exception of ttie hours of'operation; 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. 3265 have been
satisfied.
(8) ; The petitioner also requests modification of Condition No. 19:
"19. That the church hours'and activities shall 6e limited td'fhe following:
Sunday 9 a.m. to 6p:m. -
Mon. through Friday ', 8:30 a.m. to`4:30 p.m.
:Saturday S a.m. - 11'a.m."
The supplemental letter by Pastor Rick Danna requests Condition No. 19 be amentled to
allow the church to'have services any time Saturday and Sunday and after 6pm Monday
through Friday. TheJetter further indicates that from the hours of 6 am until 6 pm Monday
through Friday, thebhurch would be limited to office staff and small gatherings of no more
than 80 people. The Commission may wish to note that the requested change In the hours of
operation would be'consisterit with the approval and operation of the church from .1990 until
1999, when the contlition was modified to read as indicated above. Staff has reviewed the
!..previous reinstatements, as well as the minutes from the latest approval; and found no
indicatior pertaining to the modification of the hours of operation. Because the church is the
only use located on the property and the request would not negatively impact adjacent or
surrourding properties, staff recommends approval of the modification of the hours of
operation to allow dhurch services from 8 a.m. until 10 pm. Saturdays and Sundays and after
t` 6 p.m. Monday through Friday; and thatbetween the hours of 6 a.m. and 6 p.m. Monday
through Friday, the church would be limited to office staff andsmall gatherings of no more
than 80 people.
Page 2
Staff Report to the
Plannirig Commission
'April 5; 2004
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View of rearparking area of property
(9) The Code Enforcement Division has submitted the attached memorandum, dated February
20, 2004 regarding the current status of the property:: The memorandum documents that
Code Enforcement staff observed two small banners!on the flagpole at the front of the
property. The memd further indicates that; with the exception of Condition No. 19, the
petitioner is complying with all conditions of approvaLi Staff alsd observed two shipping
dontainers and a variety of items located at the rear of the property withina required parking
area. Since staff inspections, the banners and shipping containers havebeen removed.
Further, Code Enforcement Division records indicate that there are no outstanding ;
`complaints pertaining,to this property.
(10) Staff feels that because the church has been operating substantially in compliance with
conditions of approval and has'proven not to be detrimental to'the surrounding land uses
`that the request for reinstatement should tie approved and the. request for deletion'of the
'time limitation shoulii be ranted.
(11) The Community Development Departmenthas indicated they concur with staffs
Yecommendation of he petitioner's requests to modify the hours of operation and to
`reinstate this permiCwith the deletion of the. time limitation.
ENVIRONMENTAL IMPACTANALYSIS:
(12) Staff has reviewed the proposal o reinstate Conditional Use Permit No. 3265 and finds no
significant adverse environmental impacts resulting from any changes td the existing
project. Therefore, staff recommends that the previously-approved Negative Declaration in
cdnnection with Conditional Use: Permit No. 3265 serve as the [equired environmental
:documentation for this requesfupon a finding by the Commission that the Negative
Declaration reflects the independent judgment of thelead agency and that it has considered
the Negative Declaration together with any;commehts received'during the'public review
'process and further finding on the basis of the InitiafStudy (a copy of wttfdh is available for
.'review in the Planning Department) and any comments received that there is no substantial
' evidence that the project will have a significant effecton the environment:
',Page 3
Staff Report to the
Planning Commission
April 5 2004
Item Nb. 3
GROWTH MANAGEMENTELEMENT ANALYSIS:
(13)`r The proposed project has been reviewed by affected City departments to determine
whether it conforms with the City's Growth Management Element adopted by tfie City
Council nn Ivlarch'17, 1992.. Based on City staff review of the proposed' project, ithas been
determined that this project does not fit within the scope necessary to require a Growth
Management Element analysis, therefore, no analysis has been performed.
FINDINGS:
(14)' Before the Commission grants any conditional use'permit, it must make a finding bf fact thats
the evidence presented shows that all of the following conditions exist:
(a) That the proposed use is properlybne for which a conditional use permit is authorized
by he Zoning Code, ofthat said use is not listed therein as being a permitted use;
(b) Ttiat the proposed use will not adversely affect the adjoining land uses and he growth
anii development of the area in which it is proposed to be located;
(c) That the size'and scrape of the site for the proposed use is adequate to allow the full
'developmentof the proposed use in a manner not detrimental to the particular area
nor to the peace, health, safety, and general welfare; i
(d) That the traffic generated by the proposed use will not impose an' undue burden upon
the streets and highways designed and improved to carry the traffic in the area; and '
(e) That the granting of the conditional use permit under the conditions imposed, if any, '
will. not be detrimental'to the peace, health,'safety and"general welfare of the citizens
of the City ofAnaheim.
(15) Subsection 113.03.093.040 ofthe Zoning' Code requires that tiefore the Commission grants
reinstatement of the approva(by extension of any.. time limitations for an additional period or
periods'of time, orsuch time imitation is deleted or modifiedlthe applicant musfpresent
evidence to establish the following findings:
(a) The facts necessary to support each and every required showing for the issuance of I
such entitlement as et forth in-Chapter 18.03 exist;
(b) Said permit is being exercised substantially.. (n the same manner and in conformance'
with all conditions and stipulations originally approved by the approval body;
(c) Said permit'is being exercised in a manner not detrimental to the particular area and'
surroundirig,land uses; nor to the public peace, health and safety and general
welfare; and
(d) With regard'only to any deletion bf a time Itmitation, such deletion is necessary to
permit reasonable operation under the permit as granted.
Page 4
Staff Report to the ,
c Planning Commission
April 5; 2004
Item Na. 3
FINDINGS:
(16) Subsection 18.03.092 of the Anaheim Municipal Code provides for the modification or
termination of a contlitional use'permit forone or more of the following grounds:
" (a) That the approval was obtained byfraud;
(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 for a;period of six (8) consecutive months
or more;
(d) That the permit granted is being, of recently has been exercised contrary to the
terms or conditions of such approval, or in violation of any statute;: ordinance,law or
regulation;
(e) That the use for which the approval was granted has been so exercised as to be
detrimental to(the public Health or safety, or so as to constitute a Nuisance;
(f) That the use for which the approval was granted has not been exercised, and that
' based upon additional information'or due to changed circumstances, the facts
necessary to support one or more'of the required showings for the issuance of such
entitlement asset forth in this chapter no longer exist; and/or
(g) That any such modification, including the imposition of any additional conditions
thereto, is reasonably necessary td protect the public peace, health; safety or
general welfare, or necessary to permit reasonable operation under the conditional
use`permit as'granted.
RECOMMENDATION:
(17) Planning Department'staff recommends and Community Development Department staff
concurs that unless additional or contrary informatidri is received during ne hearing;'and
tiased 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 that he
'Commission a rove the petitioner's request by adopting the'attached resolution including
.the findings and conditions contained therein:
Page 5
ATTACHMENT -ITEM N0. 3
[DRAFT]
RESOLUTION NO. PC2004-
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 3265, AND
AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC99-186,
ADOPTED THEREWITH
WHEREAS, Conditional Use Permit No. 3265 (to permit a church facility within an industrial
building with waiver of minimum number of parking spaces) was approved by the Anaheim City Planning
Commission on April 9, 1990, for three years. On June 14, 1993, the Commission approved athree-year
extension of time to expire on April 9, 1996. On April 29, 1996, the Commission approved an additional three-
year extension of time, which expired on April 9, 1999. On October 25, 1999, the Commission approved afive-
year extension of time to expire on April 9, 2004
WHEREAS, on October 25, 1999, the Anaheim City Planning Commission, by Resolution No.
PC99-186 approved Conditional Use Permit No. 3265 to permit a church facility within an industrial building with
waiver of minimum number of parking spaces for afive-year reinstatement at 1250 North Red Gum Street -The
Cornerstone Church; and
WHEREAS, said Resolution'No, PC99-186 includes the following conditions of approval:
"10. That subject church facility shall expire five (5) years from the expiration date in Resolution
No. 96-43, on April 9, 2004.
19. That the church hours and activities shall be limited to the following:
Sunday 9 a.m. to 6 p.m.
Mon. through Friday 8:30 a.m. to 4:30 p.m.
Saturday 8 a.m. - 11 a.m:'
WHEREAS, this property is currently developed with a 24,830 square foot, 2-story industrial
building, the underlying zoning is SP 94-1, D.A. 1 (Northeast Area Specific Plan, Industrial Area); the Anaheim
General Plan designates this property for General Industrial land uses; and this property is located within the
Alpha Northeast Redevelopment Project Area; and is situated in the City of Anaheim, County of Orange, State
of California, described as: -
THE SOUTHERLY 135.00 FEET OF LOTS 23 AND 24 OF THE "EUCALYPTUS FOREST
TRACT", IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
PER MAP RECORDED IN BOOK 5, PAGES 29 AND 30 MISCELLANEOUS MAPS, RECORDS
OF SAID ORANGE COUNTY, CALIFORNIA, TOGETHER WITH THE NORTHWESTERLY
20.00 FEET OF ORANGE STREET ADJOINING SAID LOTS ON THE SOUTHEAST, AS
VACATED BY RESOLUTION OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, A
CERTIFIED COPY OF WHICH WAS RECORDED JANUARY 23, 1948 IN BOOK 1613, PAGE
340, OFFICIAL RECORDS OF SAID ORANGE COUNTY, CALIFORNIA.
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS PARCEL 1 IN THE DEED TO
ROBERT N. JACKSON AND WIFE, RECORDED SEPTEMBER 15, 1978 IN BOOK 12842,
PAGE 1091 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, CALIFORNIA.
WHEREAS, the petitioner has requested reinstatement of this conditional use permit to retain the
church and to delete the condition of approval pertaining to a time limitation 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 April 5, 2004, at 1:30 p.m., notice of said public hearing having been duly given as required by
C R\PC2004-0 -1- PC2004-
(TRACKING NO. CUP 2004-04t335)
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 continued use of this property as a church facility in the SP94-1 Zone, Development Area 1
is properly one for which a conditional use permit is authorized by the Zoning Code.
2. That granting this reinstatement, and the amendment to the hours of operation under the
conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the
City of Anaheim.
3. That this conditional use permit is being exercised in substantially the same manner and in
conformance with all conditions and stipulations originally approved by the Planning Commission.
4. That there have been no changes to the applicable zone standards that would invalidate the
Endings that were the basis for the original approval.
5. That deletion of the time limit and modification to the hours of operation is necessary to permit
the reasonable operation of the permit as granted.
6. That the facts necessary to support each and every required showing for the issuance of such
entitlement as set forth in Chapter 18.03 exist.
7. That *"' indicated their presence at the public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to retain an existing church and to modify the hours of operation for said
church and does hereby find that the Negative Declaration previously approved in connection with Conditional
Use Permit No. 3265 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, in its entirety, Resolution Nos. PC90-86, PC93-68, PC96-43, and PC99-186, adopted in
connection with Conditional Use Permit No. 3265, to reinstate this conditional use permit to read as follows:
1. That the church serviceslactivities shall be limited from 8 a.m. until 10 pm. Saturdays and Sundays and
after 6 p:m. Monday through Friday; and that between the hours of 6 a.m. and 6 p.m. Monday through
Friday, the church shall be limited to office staff and small gatherings of no more than 80 people.
2. That this church facility shall not include any child day care or pre-school activities.
3. That there shall be no outdoor storage on site at any time.
4. That no portable signage shall be utilized to advertise the church.
5. That no outdoor events shall be permitted.
6. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
_2_ PC2004-
That the property shall be permanently maintained in an orderly fashion by providing regular landscape
maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of
occurrence.
8. That subject property shall be maintained substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department market Exhibit Nos. 1 through 4.
That approval of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal
regulations. Approval does not include any action or findings as to compliance or approval of the request
regarding any other applicable ordinance, regulation or requirement.
AND BE IT FURTHER RESOLVED that the Planning Commission does hereby add the following
new conditions:
2004.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 5,
CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission
held on April 5, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
2004.
IN WITNESS WHEREOF, I have hereunto set my hand this day of ,
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-3- PC2004-
ATTACH2•IENT - ITr?~ N0. 3
iV%EM®RANDUM
CITY OF ANAHEIM
Code Enforcement Division
DATE: FEBRUARY- 20, 2004
T0: JOHN RAMIREZ, ASSISTANT PLANNER
~:t~~ti
FROM: KEN MARSH, CODE ENFORCEMENT OFFICER
SUBJECT: CONDTTIONAL USE PERMIT REINSTATEMENT INSPECTION
CUP3265
TRACKING NUMBER: CUP2004-04835
On Thursday, February 19, 2004, in response to a request from the Planning Deparhnent, I
conducted an inspection of the property located at 1250 N. Red Gum St. Cornerstone Church is
located on the property.
The property operates under Conditional Use Permit #3265. The church is requesting a
reinstatement of C.U.P.. 3265, which will expire on Apri19, 2004.
Code Enforcement Records indicate there have been no citizen complaints received regarding
this church.
During this inspection I observed the following violation of the Anaheim Municipal Code:
® There were two small banners, listing the name of the church, hanging from the flag pole
mounted in the front of the church entrance.
There were no other A.M.C. violations observed. The property appeazed to be well maintained.
All of the Conditions of Approval were in compliance with the exception of Condition #19.
Condition # 19 states: That the church hours and activities shall be limited to the following:
Sundays: 9 a.m. to 6 p.m.
Mondays through Fridays: 8:30 a.m. to 4:30 p.m.
Saturdays: 8 a.m. to I1 a.m.
During discussions with the Facilities Manager, Jim Gergin, he stated there were Bible study
classes conducted on Tuesday, Wednesday, .and Thursday nights, from 7:00 p.m. until 8:00 p.m.
with approximately 25 - 100 people in attendance, after the 4:30 p.m. time limit.
Please feel free to call me at ext. #459 if I can be of further assistance.
ml?.0 n red gym st
A'TTACIT`fEi~T - ITEI`f ?V0. 3
PETITIONER'S STATEMENT
JUSTIFICATION FOR REINSTATEIIAENT -- ---
° Section 18:D3.093 of the Anaheim Municipal Gode requires that before any conditional use permit or variance containing a
time limitation can be reinstated for an additional period of time, or before such time limitation may be deleted or modified by
the Planning Commission or Zoning Administrator, the following must be shown:
The facts necessary to support each and every required showing for the issuance of such entitlement as set forth in
the following excerpts from the Anaheim Zoning Code still exist:
18.03.030 (Relative to Conditional Use Permits)
Before the City Council or Planning Commission may grant any request for 2 conditional use permit, it must make a
finding of fact, by resolution, that the evidence presented shows that all of the following exist:
.031 That the proposed use is properly one for which a conditional use permit is authorized by this code., or is not
listed herein as being a permitted use;
.032 That the proposed use will not adversely affect the adjoining land uses and the growth and development of
the area In which it is proposed to be located;
.033 That the size and shape of the site proposed for the use is adequate to allow the full development of the
proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general
welfare;
.034 That the traffic generated by the proposed usewill not impose an undue burden upon the streets and
highways designed and improved to carry the traffic in the area;
.035 That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to
the peace, health, safety and general welfare of the citizens of the City of Anaheim;
18.03.040 (Relative to Variances)
Before any variance may be granted 6y the Planning Commission it shall be shown:
.031 That there are special circumstances applicable to the property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical zoning classification in the vicinity;
.032 That, because of special circumstances shown in .031, strict application of the zoning code deprives the
property of privileges enjoyed by other property under identical zoning classification in the vicinity.
2. Said permit or variance is being exercised substantially in the same manner and in conformance with all conditions
and stipulations originally approved by the approval body;
3. Said permit or variance is being exercised in a manner not detrimental to the particular area and surreundfng land
uses, nor to the public peace, health, safety and general welfare; and
4. 1Nith 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 r~.NO
Explain:
(over)
CASE NO.~-
CUP N0. ---3265 ~
2. Have the land uses In the Immediate vicinity changed since the issuance of this use permit or variance?
^ YES ENO
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3.
Has any aspect of the nature of the operation changed since the issuance of this use permit or variance?
^ YES ENO
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4. Are the conditions of approval pertaining to
Explain: ~ °~-- /~ ~~~~-~
use permit or variance being complied with? :,YES ^ NO
5. If you are requesting a deletion of [he time limitation, is this deletion necessary for the continued operation of this use
or variance? IEi'1`ES D NO ~~
Explain: '~of2 .S ~<~ /IPQ~ ~ ~`E'~°~'O ~P0~~7~ ~~/L!/S
~iD C es5 ,
Name of Property Owner or Authorized Agent(Please Pdnt)
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Signature oEProperty Owner or Authorized Agent Oate
ZJ ?`i'KD~C 1257
CASe
2
P_TTACHh~i`IT - IT1;M N0. 3
RESOLUTION NO. PC99-186
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 3265
FOR A PERIOD OF FIVE (5) YEARS UNTIL APRIL 9, 2004
WHEREAS, on April 9, 1990, Resolution No. PC90-88 was adopted by the Anaheim City
Planning Commission to approve Conditional Use Permit No. 3265 and permit a church with waiver of
minimum number of parking spaces (246 required, 81 proposed) at 1250 North Red Gum Street; and
that said Resolution No. PC90-88 includes the following condition ofapproval:
"10. That subject church facility shall be limited to three (3) years duration; and,
further, that such church use (other than church office staff use) shall not be
permitted on Monday through Friday prior to 6:00 p.m., as specified by
Subsection 18:61.050.614 (churches in the Anaheim Canyon Industrial Area) of
the Anaheim Municipal Code. Two (2) time extensions (up to three (3) years
each) may be permitted subject to the approval of the Planning Commission or
City Council at a noticed public hearing."
WHEREAS, on June 14, 1993, the Planning Commission adopted Resolution No. PC93-
68 to amend Condition No. 10 and permit the church for an additional three years until April 9, 1996; and
WHEREAS, on September 12, 1995, the City Council adopted the Northeast Area
Specific Plan No. 94-1 for the Canyon Industrial Area, including subject property which is located in
Development Area 1 "Industrial Area"; and that the Zoning Code regulations pertaining to churches in
that area were amended concurrently; and
WHEREAS., on April 29, 1996, the Planning Commission adopted Resolution No. PC96-
43 to further amend Condition No. 10 to read as follows:
"10. That subject church facility shall be expire on April 9, 1999; and, further, that
such church use (other than church office staff use) shall not be permitted on
Monday through Friday prior to 6:00 p:m., as specified by Subsection
18.110.050.0511 of the Anaheim Municipal Code (pertaining to churches in the
Northeast Area Specific Plan)."
WHEREAS, this property is developed with The Cornerstone Foursquare Church in a
24,830 sq.ft., 2-story industrial building at 1250 North Red Gum Street; that the property is in
Development Area 1 "Industrial Area" of the Northeast Area Specific Plan; that the Anaheim General
Plan Land Use Element Map designates this property for General Industrial uses; and that the property is
also located within the Alpha Northeast Redevelopment Project Area; and
WHEREAS, the petitioner has requested afive-year time extension for the existing
church; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on October 25, 1999 at 1:30 p.m., notice of said public hearing having been duly
given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter
18.03, to hear and consider evidence for and against said proposed conditional use permit and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by
itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing,
does find and determine the following facts:
CR3788PK:DOC -1- PC99-186
1. That the proposed use is properly one for which a conditional use permit is authorized by
Zoning Code.
2. That the facts necessary to support each and every required showing reinstating this
conditional use permit, as set forth in the Zoning Code, exist.
3. That this conditional use permit is being exercised substantially in the same manner and
in conformance with all conditions and stipulations originally approved by the approval body.
4. That this conditional use permit is being exercised in a manner not detrimental to the
particular area and surrounding land uses, nor to the public peace, health, safety and general welfare.
5. That reinstating this conditional use permit, including the originally approved parking
waiver, for an additional five years is necessary to permit reasonable operation under the permit as
granted.
6. That the proposal will not adversely affect the adjoining land uses and the growth and
development of the area in which the church is located because this church, which is located in an
industrial area, has demonstrated compatibility with the surrounding area and land uses in that there have
been no Code violations or complaints associated with its operation.
7. That the size and shape of the site for the church is adequate to allow full development of
the use in a manner notdetrimental to the particular area nor to the peace, health, safety and general
welfare.
8. That the traffic generated by the church will not impose an undue burden upon the streets
and highways designed and improved to carry the traffic in the area.
9. 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.
10. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the request to reinstate and approve Conditional Use Permit No.
3265, including the parking waiver, which currently contains a time limitation until April 9, 1999, to retain
the existing church on a 1.06-acre rectangularly-shaped property having a frontage of 155 feet on the
east side of Red Gum Street, a maximum depth of 298 feet, being located 500 feet south of the centerline
of Miraloma Avenue, and further described as 1250 North Red Gum Street (The Cornerstone Church);
and does hereby find the Negative Declaration previously approved in connection with Conditional Use
Permit No. 3265 is adequate to serve as the required environmental documentation in connection with the
request upon finding that the declarakion 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 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. PC90-88, as amended by Resolution Nos. PC93-68 and PC96-43,
and adopted in connection With Conditional Use Permit No. 3265, to reinstate and approve this
conditional use permit, including the parking waiver, and to amend Condition No. 10 therein to read as
follows:
10. That subject church facility shall expire five (5) years from the expiration date in
Resolution No. 96-43, an April 9, 2604.
CR3788PKDOC -2- PC99-186
AND BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does
hereby add the following new conditions:
18. That the portable awnings located on the west side of the building shall only be used for
special events and services. Said awnings may remain up on the weekends provided
that there are services and/or special events..
19. Tha# the church hours and activities shall be limited to the following:
Sundays: 9 a.m. to 6 p.m.
Mondays through Fridays: 8:30 a.m. to 4:30 p.m.
Saturdays: 8 a.m. to 11 a:m.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
October 25, 1999.
(Original signet ~~~ ri~;~s F. u_f,ii*.Lnl
CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
(Original signed by 1~"srgarita 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 October 25, 1999, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES,
VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this day of
1999.
(Original signed by P,iargarita Solorio)
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
CR3788PK.DOC -3- PC99-186
ITEPS N0. 4
CL
RM-120D RCL 70-71-31 RM-1200 RM-1200.-....
RCL 62-63-60 (Res of Int tG RM-1200) RCL 65-66-117 RCL fi5-66-1'17
CUP 348 RCL 59-60-62 RCL 56-57-41 RCL 5fi-57-41
LINDALE VILLA CUP 1577 VAR 1796 VAR 1796
88 DU VAR 2232 fiB DU -' 68 OU
FAIRWOOD MANOR F.
RETIREMENT CENTER W
t
.
F
CL
RCL 5G-57-15 CL VJ
CUP 2528 RCL 64-65-96 CL W
CUP 554 RCL 56-57-75 RCL 59-fi0-62 CL (A CL CL
CUP 554 CUP 2665 CUP 495 RCL 56-57-41 U RCL 56-57-41 RCL 56-5'
MADISON CUP 916 VAR 1147 S CUP 2220
' Q CUP 910 CUP 36
SQUARE
S S.S. a LINCOLN-DALE VAR 3702 AUTO LL
~ RESTAURANT
SELF-STORAGE CONV. MKT.
PLAZA SHOPPING CTR. SMALL SHOPS > SMALL SHOPS CAR WA
FACILITY & RETAIL
LIQUOR STORE ~
LINCOLN AVENUE
~- 245'-~ 100'
GL CL {
"
VAR 2912 ` RCL'
CL (MHP)
CL
CL 63-64-100 RGL
CL CUP pJ
2002-04579 RLL CUP C111
fi0E1-107
RCL ~
RCL
71-72-09
CUP
63-64-80 FARMER 59-60.53 - fi0~fi1-107
fi0L1-t2 BOYS Z CUP 2904 CUP 27fi5 200404030
~
CUP 740 (CUP 3933) ~
`+ CUP 246
CUP 3452 LLI 909'S ANAHEIM CUP 1292 ~
CUP 1433 NATIONAL AOJ 0156
LE CL ~ BURGERS
VAR 2043 MOBILE
ND
INN
LI
A
CENTER RCL 63-64-69 Q BUOOHI6T HOME
RCL 60.61-12 TEMPLE PARK
SHOPS W RS-A- GL RM-1290
J 43,000 RCL 66-67.30 RCL 86-87-32
RM-1200 Q (MHP) T-CUP 2003- RCL 58-57-62
RCL 64-68-23 Q CUP 2648 VAR 3fi54 °o ~
UP 20
t Gu VAR 767 C
02-
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04622
T-CUP 2001 VILLAGE mi u
RM-1200 -94319 APTS. q p
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RCL 84-85-23 RS-A-43
000(MHP) LuP 1643 111 OU ?
,
VAR 3459 RCL 82-83-28 LINNN~ it `
CUP 2033 Morel
CUP 35
WESTERN SKIES
RS-A-43,000 MOBILEHOME ESTATES SEVEN-
1 DU ELEVEN
TRAVEL
TRAILER Rg~
PARK 41ac
RM-1200 ~ nl
RCL 61-82-16
200
VAR 3263 RS-A-03,000(MHP) RCL 07-68-43
BENTS 16 DU
RCL Be-es-as cuP 3959
VACANT
VAR 3772
CARBON CANYON CHANNEL
RS-7200
78 ~ RS-7200
VAR
19
Conditional Use Permit No. 4111 Subject'Property
TRACKING NO. CUP2004-04830 Date: April 5, 2004
Scale: 1" = 200'
Requested By: KOREAN BUDDHIST TEMPLE Q.S. No. 20
REQUESTS REINSTATEMENT OF THIS PERMIT BY THE MODIFICATION OR DELETION OF A
CONDITION OF APPROVAL PERTAINING TO A TIME LIMITATION (APPROVED ON APRIL 26, 1999
TO EXPIRE APRIL 26, 2004) TO RETAfN A BUDDHIST TEMPLE AND CARETAKER'S RESIDENCE
AND TO DELETE THE REQUIREMENT TO CONSTRUCT A TRASH ENCLOSUR E.
2780 West Lincoln Avenue -Korean Buddhist Temple of Jung Hye 1251
TTF.M Nn_ L
Staff Report to the
`Planning Commission
April 5; 2004
Item Nd' 4
4a. CEQA NEGATIVE`DECLARATION (PREVIOUSLY-APPROVEDI (Motion)
4b: - CONDITIONAL USE PERMIT N0: 4111 (Resolution)
(Tradkiria No. CUP2004-048301
SITE LOCATION AND DESCRIPTION:':
(1) .This rectangular shaped, 0.51-acre property has a frontage of 100 feet on the southi'side of
- Lincoln Avenue, a maximum depth of 222feet, and is located 245 feeteast of the
centerline of Dale Avenue (2780 West Lincoln Avenue -Korea Buddhist Temple bf'Jung
Hye).
REQUEST:
(2) The petitioner requests reinstatement of this permit by the modification or deletion of
conditions of approval pertaining to a timelimitation (approved'on April' 26, 1999, to expire
April 26,2004) to retain a Buddhist temple and caretaker's residence and to delete the
requiremeht to construct a trash enclosure under authority of Code Sections 18.03.091 and
18.03.0931'.
BACKGROUND:
z (3) .This property is currently developed with a 2,536 square-foot single-story emple with
sanctuary and offices, and a 2,298 square-foot single-story residence occupied by he
'abbot of ttte temple, {caretaker's residence). The property is zoned CL (Commercial,
Limited) and is located within the West Anaheim Commercial Corridors Redevelopment
'Area. The Anaheim`General Plan Land Use Element Map designates this property for
General Commercial land uses
(4) Conditional Use Permit No, 411.1 (to permit a Buddhist temple and caretaker's residence
'within two'existing structures formerly used far residential and commercial use with'waiver
bf minimum setback'of institutional uses adjacent to'a residential zone) was approved by
the Commission on April 26, 1999, for a period of five (5) years'.
(5) Resolution'No. PC99=70 contains the folldwing conditions:
"1. That trash storage areas shall be prpvided and maintained in location(s) acceptable
to the Public Works Department, Streets and Sanitation Division,'and in accordance
with approved plans on file with said department. Said storage areas shall be
designed, located and screened so'as not to be readilyidentifiable from adjacent
streets or highways. The walls of the storage`areas shall be protected from graffiti
opportunities by the use of plant materials such as minimum one: (1) gallori sized
clinging vlnes;planted on'maximum three (3) foot centers and/or tall shrubbery. Said
information sFiall be specifically shown on plans submitted for building permits.
12. That subject use permit shall expire five (5) years from the date of this resolution, on
April 26, 2004:"
DISCUSSION:
(6) Sanggu Lee, Abbot of the Korea Buddhist Temple cf Jung Hye has submitted a letter of
,request to retain the temple and caretaker's residence with the deletion of the conditions of
approval pertaining to a time limitation antl the requirement to construct a trash enclosure
as indicated above.
Sr5089jr
Page 1
Staff Report to the<
Planning Commission
April 5; 2004
Item No 4
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View ofproperty from Lincoln'Avenue r'
(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 original approval of
`the conditional use; permit, that the physical property has remained the same, and that all
conditiens of approval (except for the trash enclosure) pertaining to Conditional Use Permit
No. 4111.' have been satisfieds
(8) The petitioner also requests deletion of Condition No. 1, that appears in; paragraph no. 5
`' above. The Streets and Sanitation Division of the Public Works Department hassubmitted
the attached memorandum, dated March 19, 2004{ concurring with the'petitioner's request
because the domestic sanitation service: (residential trash barrel service) is currently
provided et this property. Because domestic service is being' provided,'ftieZbhstfuction of
a trash enclosure is not necessary. Based on the recommendation of the Streets'and
Sanitation Divisiort of the Public Works Department, staff recommends'this condition be
deleted as requested by the petitioner.
(9) The Code Enforcement Division has submitted the attached memorandum, dated February
' 5, 2004, regarding he current status of he property. The memorandum documents that
the petitioner is complying with all of the conditions of approval, with the exception of
Condition No. 1 pertaining tothe construction of the trash enclosure, and Condition No. 22
pertaining to the installation of landscaped hedge adjacent to Lincoln Avenue. A recent
staff inspection confirms thatithe landscape hedgehas been installed and this property is
being properly maintained. Further, Code Enforcement Division records indicate that there
i are no outstanding complaints pertaining to this property.
(10) `The temple and caretaker's residence has been operating in compliance with conditions of
approval: (with the exception of the request and mbdiflcation) and has proven not o be
detrimental to the surrounding land uses and therefore, staff recommends that the request
for reinstatement tie approved and the request for deletion of the timelimitation be rg anted.`
(11) ,The Community Development Department concurs with staffs recommendation of the
petitioner's requests to reinstate this permit with the deletion bf the time limitation:
Page 2
Staff Report to the
'Planning: Commission
April 5; 2004
Item Nor 4
ENVIRONMENTAL IMPACT ANALYSIS:
(12) Staff has reviewed the proposalito reinstate Conditional Use Permit No. 4111 and finds no
significant'adverse environmerital impacts resulting from any olianges to the existing
.'project. Therefore, staff recommends that the previously-approved Negative Declaration in
r donnectiori with Conditional Use Permit No. 4111 serve as the; required environmertal
documeritation for this request upon a finding by the Commission that the Negative'
>Declaratiori reflects he independent judgment of the lead agency and that it has
rconsidered the Negative Declaration together with any comments received during the
public review process and further finding bn the basis of the Initial Study (a copy of,which is
available for review in'the Planning Department) aril any comments received thatthere is
no substantial eviderce that thiproject will have a significariteffect on he environment.
GROWTH MANAGEMENT ELEMENT ANALYSIS:
(13) :The proposed project has been'?eviewed by affected City departments to determine`
'whether it conforms with the City's Growth Management Element adopted. by the City
Council bn March 17;;1992. Based on City staff review of theproposed project, it has been
determined that this project does not fit within the scope necessary to require a Growth
.:Management Element analysis, therefore;;no analysis has been performed.
` FINDINGS:
(14) Before the Commission grants any conditional use permit, it must make a finding of fact
that the evidence presented shows that altof the following conditions exist:
"(a) Thatthe proposed use is' properly one for which a conditional use permit is
authorized by the ZoninglCode, or that said use is not listed therein'as being a
permitted use;
(b) That the proposed use will not adversely affectthe adjoining land uses and the
growth and development of the area' in which it is proposed to be located;
(c) That the size and shape of the site for the proposed use is adequate to allow the full
development of the proposed use in a manner'not detrimental to the particular area
nor to the peace, health, safety, and general welfare;
(d) Thaf the traffic generated' by the proposed use will not impose an undue burden upon
thestreets and highways designed and improved to carry the traffic in the area; and
(e} Thaf the granting of the conditional use permitunder the conditions imposed, if any,
will not be detrimental to he peace; health, safety and geheral welfare of the: oitizens
of the City of Anaheim.
(15) Subsection 18.p3.093.040 of the Zoning Code requires that before the Commission' grants
teinstatement of the approval by extension of anytime limitations for an additional period or
periods of time, or such time limitation is deleted or modified, the applicant must present
'evidence tp establisfi the following findings:
(a) The facts necessary to support each and every requiredshowing for the issuance of
such entitlemeht as setforth in Chapter 18.03 exist;
(b) Said permit is being ezetcised substantially in the same manner and in conformance
with all conditions and stipulations originally approved'by the approval body;:::
Page 3
Staff Report to thee.
Planning Commission
April 5; 2004
Item Noy 4
(c) Said permifis being exercised in'a manner not detrimental to the. particulararea and
surrounding land uses; nor td tfie public peace, health and safety and general
welfare; and
j (d) With regard only to any deletion of a time limitation, such deletion is necessary to
permit reasonable operation under the permit as granted.
(16) 'Subsection 18.03.1)92 of the Anaheim Municipal Gode provides for the modification or
termination of a conditional use permit for one or more of the #ollowing 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) Tftat the use for which'such approval was granted has ceased to exist or has been
uspended'or inoperative for ahy reason'fdr a period of six (8)`consecutive months
or more;
(d) That the permit granted is being,'br recently has been' exercised'contrary to the
'teems or dohditions of uch approval, or in violation df any statute, ordinance, law or
regulation;
(e) That the use for which'the approval was granted has been so exercised as to be
detrimental to the putilic health or safety, orso as to constitute anuisance;;
(f) That the use for which'the approval was granted has not been exercised, and that
based upon''additional information or due to changed'circumstances, the facts
necessary to support one or more of the required showings for the issuance of such
entitlementas set forth in this chapter no longer exist;'and/or
(g) That any such modification, inclutling the imposition of any additional conditions
'tfiereto, is reasonablynecessary to protect the public peace, health, safety: or
general welfare, or necessary tdpermit reasonable operation under the conditional '
use permif'as granted':
RECOMMENDATION:
(17) Staff recommends that, unless additional or contrary information Is received during the
hearing;'and based upon the evidence submitted to the Commission, including the
evidence presented in this staff report, and oral and written evidence presented at the
public hearing, the Commission a rove the petitioner's request in it'ssntirety by adopting
the attached resolution ihdudirig the findings and conditions contained'therein:
Page 4
ATTACFhtEtQT - ITEM N0. 4
[DRAFT]
RESOLUTION NO. PC2004-
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 4111, AND
AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC99-70,
ADOPTED THEREWITH
WHEREAS, on April 26, 1999, the Anaheim City Planning Commission, by Resolution
No. PC99-70 approved Conditional Use Permit No. 4111 to retain a Buddhist temple and caretaker's residence
and to delete the requirement to construct a trash enclosure at 2780 West Lincoln Avenue -Korea Buddhist
Temple of Jung Hye; and
WHEREAS, said Resolution No. No. PC99-70 includes the following conditions of approval:
"1. That trash storage areas shall be provided and maintained in location(s) acceptable to the
Public Works Department, Streets and Sanitation Division, and in accordance with
approved plans on file with said department. Said storage areas shall be designed, located
and screened so as not to be readily identifiable from adjacent streets or highways. The
walls of the storage areas shall be protected from graffiti opportunities by the use of plant
materials such as minimum one (1) gallon sized clinging vines planted on maximum three
(3) foot centers and/or tall shrubbery. Said information shall be specifically shown on plans
submitted for building permits.
12. That subject use permit shall expire five (5) years from the date of this resolution, on April
26, 2004 "
WHEREAS, this property is currently developed with a 2.,536 square-foot single-story temple
with sanctuary and offices, and a 2,298 square-foot single-story residence occupied by the abbot of the temple
(caretaker's residence), the underlying zoning is CL (Commercial, Limited); the Anaheim General Plan
designates this property for General Commercial land uses; and this property is located within the West
Anaheim Commercial Corridors Redevelopment Area; and is situated in the City of Anaheim, County of Orange,
State of California, described as:
THE WEST 100 FEET OF THE EST 424 FEET OF THE NORTH 288 FEET OF THE
NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 13,
TOWNSHIP 4 SOUTH, RANGE 11 WEST IN THE RANCHO LOS COYOTES, IN THE CITY
OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED
IN BOOK 51 PAGE(S) 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
EXCEPT THE NORTH 66.00 FEET THEREOF, AS GRANTED TO THE STATE OF
CALIFORNIA FOR HIGHWAY PURPOSES BY DEED RECORDED IN BOOK 3969 PAGE(S)
167, OFFICIAL RECORDS OF ORANGE COUNTY.
WHEREAS, the petitioner has requested reinstatement of this conditional use permit to retain a
Buddhist temple and caretaker's residence and to delete the requirement to construct a trash enclosure
pursuant to Code Sections 18.03.091 and 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 April 5, 2004, 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:
CR\PC2004-0 -1- PC2004-
(Tracking No. CUP2004-04830)
1. That the proposed use is properly one for which a conditional use permit is authorized by the
Zoning Code.
2. 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.
3. That this conditional use permit is being exercised in a manner not detrimental fo the particular
area and surrounding land uses, nor to the public peace, health, safety and general welfare.
4. That with regard only to the deletion of the time limitation, such deletion is necessary to permit
reasonable operation under the permit as granted.
5. That this permit has been operating substantially in the same manner as originally approved by
the Commission, as evidenced by the Code Enforcement Division inspection indicating compliance with all the
conditions of approval.
6. That there have been no changes to the applicable zone standards that would invalidate the
findings that were the basis for the original approval of this permit.
7. That the modification to the condition pertaining to the trash enclosure is necessary to permit
the reasonable operation of the Buddhist Temple; and has been found acceptable to the Streets and Sanitation
Division of the Public Works Department; and
8. That **** indicated their presence at the public hearing in opposition; and that no correspondence
was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAt_ QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to retain a Buddhist temple and caretaker's residence and to delete the
requirement to construct a trash enclosure on this property; and does hereby find that the Negative Declaration,
previously approved, in connection with Conditional Use Permit No. 4111 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, in its entirety, Resolution No. PC99-70, adopted in connection with Conditional Use Permit No.
4111, to reinstate this conditional use permit without a time limit with the following conditions of approval:
1. That the site plan shall be maintained in conformance with the current version of Engineering Standard
Plan Nos. 436, 601 and 602 pertaining to parking standards and driveway locations.
2. That the existing structures shaft be maintained in compliance with the minimum standards of the City of
Anaheim, including the Uniform Building, Plumbing, Electrical, Mechanical and Fire Codes as adopted
by the City of Anaheim.
3. That the hours of operation and number of persons on-site shall be limited to Sundays from 10:30 a.m.
to 1:30 p.m. with a maximum of 70 persons and Wednesdays from 6 p.m. to 7:30 p.m. with a maximum
of 15 persons.
4. That the property shall be permanently maintained in an orderly fashion by providing regular landscape
maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time
of occurrence.
5. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dead.
_2_ PC2004-
6. That signage for subject facility shall be limited to that shown on the exhibits submitted by the petitioner.
Any additional signage shall be subject to :approval by the Planning Commission as a Reports and - -
Recommendations item.
7. That the owner of the subject property shall submit a letter requesting the termination of Conditional Use
Permit No. 1292 (to permit on premises sale and consumption of beer in a proposed dining room in
conjunction with an existing delicatessen with waiver of three foot landscaped setback) to the Zoning
Division.
8. That no exterior or amplified bells shall be installed or utilized in conjunction with this facility.
9. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1 through 4, and as conditioned herein.
10. That within thirty (30) days from the date of this resolution, Condition No. 7above-mentioned, shall be
complied with.
11. 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.
2004.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 5,
CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission
held on April 5, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
2004.
IN WITNESS WHEREOF, I have hereunto set my hand this day of
SENIOR SECRETARY. ANAHEIM CITY PLANNING COMMISSION
-3- PC2004-
AT'IACAPfENT - ITEM N0. 4
Korea Buddhist Temple of Jung Hye
2780 V~~. Lincoln Ave, Anaheim, CA 92801
Tel. (714) 995-3650
February 17, 2004
City of Anaheim
200 South Anaheim Blvd.
Anaheim, CA 92805
REQUEST FOR DELETION OF A TIME RESTRICTION AND DELETION OF THE
CONDITION REQUIRING CONSTRUCTION OF A TRASH ENCLOSURE
To whom it may concern
As we make our request for reinstatement of the use permit for this property, we would
also like to make a request for deletion of a time restriction of the permit and deletion
of the condition requiring construction of a trash enclosure, as it is not necessary.
(Condition #1).
It is because we, anon-profit religious corporation, will continue to perform only
religious activities on [his property.
We don't think that we need to construct trash enclosure, because as a small monastery,
two monks are living in this temple, so there are a little trash.
We would appreciate that permanent reinstatement will be given to us and deletion of
the condition requiring construction of a trash enclosure will be given to us.
,
Thank you for your time and consideration.. We look forward to your favorable response.
Yours sincerely.
Sanggu Lee
Abbot, Korea Buddhist Temple of Jung H~'e Q FEB QQ~
~: RECEIVED
~", OE ARTMEt~T
ATTACHMEh`T - ITEM NC. 4
MEMORANDUM
CITY OF ANAIIEIM
DEPARTilIENT OF PUELIC WORIiS
STREETS AND SANITATION
TO: John Ramirez, Planning
FROM: Dora Monzon, Public Works Operations
DATE: March 19, 2004
SUBJECT 2780 West Lincoln Avenue
CUP4111
Please remove the sanitation condition to add a trash enclosure to the
property at 2780 W. Lincoln Avenue.
The City of Anaheim is currently providing trash barrel service at 2780 W.
Lincoln Avenue; therefore, a trash enclosure is not necessary.
If you have any questions regarding the deletion, please call me at (714)
765-6836.
Thank you.
A_TTACFLMENT - ITEM N0, 4
MEMORANDUM
CITY OF ANAHEIM
Code E~aforce»lent Division
DATE: FEBRUARY 5, 2004
TO: JOHN RAMIREZ, ASSISTANT PLANNER
FROM: JESSE PENUNURI, CODE ENFORCEMENT OFFICER
SUBJECT: 2780 W. LINCOLN AVENUE
CUP2004-04830 REINSTATEMENT INSPECTION
On Feburary 5, 2004, I conducted an inspecrion of the property located at 2780 W. Lincoln
Avenue and observed the following:
• The trash storage area was not installed per condition #1.
• The landscape hedge was not planted adjacent to Lincoin Avenue per condition #22
Furthermore, I observed two additional Anaheim Municipal Code violations on the property:
• Graffiti on the cement car stops in the parking lot.
• New windows installed on the temple without permits.
A Notice of Violation Letter will be sent to the property owner For the aforementioned A.M.C
violation(s)
Code Enforcement staff has not received any citizen's complaint on the property. The only
request for service on this property was for graffiti removal. If you have any questions please
feel free to contact me at ext 4148.
ATTACI~LIPT - ITEM ATO. ::
PETITIONER'S STATEMENT
JUSTIFtCATIOM FOR REIMSTATEIVIENT -- _---
° Section 18.03.093 of the Anahelm Municipal Code requires that before any conditional use permit or variance containing a
time limitation can be reinstated for an additional period of time, or before such time limitation maybe deleted or modiried by
the Planning Commission or Zoning Administrator, the foilovring must be shown:
The facts necessary to support each and every required showing for the issuance of such entitlement as set forth in
the following excerpts from the Anaheim Zoning Code still exist:
18.03.030 (Relative to Conditional Use Permits)
Before the City Council or Planning Commission may grant any request for a conditional use permit, it must make a
finding of fact, by resolution, that the evidence presented shows that all of the following exist:
.031 That the proposed use is properly one for which a conditional use permit is authorized by this code, or is not
listed herein as being a permitted use;
:032 That the proposed use will not adversely affect the adjoining land uses and the grovrth and development of
the area in which it fs 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 trafficgenerated by the proposed use will not impose an undue burden upon the streets and
highways designed and improved to carry the traffic in the area;
.035 That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to
the peace, health, safety and general welfare of the citizens of the City of Anaheim;
18.03.040 (Relative to Variances)
Before any variance may be granted by the Planning Commission it shall be shown:
.031 That there are special circumstances applicable to the property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical zoning classification in the vicinity;
.032 Thal, 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. Sa(d permit or variance Is being exercised substantially in the same manner and in conformance with all conditions
and stipulations originally approved by the approval body;
3. Said permit or variance Is being exercised In a manner not detrimental to the particular area and surrounding land
uses, nor to the public peace, health., safety and general welfare; and
4. With regard only to any deletion of a time limitation, such deletion is necessary to permit reasonable operation under
the permit or variance as granted.
° In order to determine (f such findings exist, and to assist the Zoning Administrator or Planning Commission to arrive at a
decision, please answer the following questions fully and as complete as possible. Attach additional sheets if additional
space is needed.
1. Has any physical aspect of the property for which this use permit or variance been granted changed significantly
since the issuance of this use permit or variance? ^ YES ~Q NO
Explain: ~
(over)
CASs
CUP ~Q, - 4 ? 1 1
2. Have the land uses in the Immediate vicinity changed since the issuance of this use permit or variance?
^ YES ~`NO
Explain:// ``
S~ r r ~ ~l ~~ Gl ~ t~ a r~~ i S ~ u C (2 ~ q_ ;'ti,. q
3. Has any ,pspect of the nature of [he opertion changed since the issuance of this use permit or variance?
^ YES f~NO
Explain:
L(~C ~1 OUf~L~
4. Are the conditions of approval pertaining to the use permit or variance being complied with? ~ YES ^ NO
5. If you are requ sting a deletion of the time limitation, Is this deletion necessary for the continued operation of this use
or variance? YES ^ NO
Explain:_~P- Pr'~t u~CP ~ 1 ~Q r ~ S L'~ '71 o'r, - ~ N"~l t r~~ i ~ i o~^-~
1 /) Y h n d"C\'~i r'Y1 z ~ Cti: , I I (' cm -h'i rn rn L~ ~~ ~~, (~ -~lt -P r (1 ~3 ; yu+~'
Signature of Property Owner or Authorized Agent Date ~
zo-zzs:K000 izAr
CASE NO.
z CUP N0. - 4 ~ 1 1
~am~~~t ~E~
Name of Prope ner or Authorized Agent(Please Print)
ATTACHI~IENT. - ITEM id0, 4
RESOLUTION tJO. PC99-70
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4111 BE GRANTED, IN PART
FOR FIVE (5) YEARS
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
THE WEST 100 FEET OF THE EST 424 FEET OF THE NORTH 288 FEET OF THE
NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 114 OF SECTION 13,
TOWNSHIP 4 SOUTH, RANGE 11 WEST IN THE RANCHO LOS COYOTES, IN THE CITY
OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 51 PAGE(S) 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THE NORTH 66:00 FEET THEREOF, AS GRANTED TO THE STATE
OF CALIFORNIA FOR HIGHWAY PURPOSES BY DEED RECORDED IN
BOOK 3969 PAGE(S) 167, OFFICIAL RECORDS OF ORANGE COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on April 26, 1999 at 1:30 p.m., notice of said public hearing having been duly given as
required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to
hear and consider evidence for and against said proposed conditional use permit and to investigate and
make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by
itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing.,
does find and determine the following facts:
1. That the proposed use is properly one far which a conditional use permit is
authorized by Anaheim Municipal Code Section 18.44.050.130 to permit a Buddhist temple and
caretaker's residence within two existing structures formerly used for residential and commercial use with
waiver of the following:
(a) Sections18.06.050.010.011 - Minimum number ofparking spaces.
18.06.050.020.026.0266
and 18.44.066.050
(b) Section 18.04.042.020 - Minimum setback of institutional uses adiacent to a
residential use.
(15 feet required along the easf property line; none existing
and proposed)
2. That waiver (a) pertaining to minimum number of parking spaces is hereby
denied on the basis that the waiver was deleted subsequent to advertisement by the provision of the
Code-required number of parking spaces..
3. That waiver (b) pertaining to minimum setback of institutional uses adjacent to a
residential zone is hereby approved on the basis that there are special circumstances applicable to the
property due to existing conditions, the location and surroundings because the adjacent residential
property is developed with a mobile home park; that there are no window openings on this elevation, that
the proposed uses will occupy existing buildings; that strict application of the Zoning Code would deprive
the property of privileges enjoyed by other properties under identical zoning classification in the vicinity
CR3618PK.DOC -1- PC99-70
which have converted existing buildings to institutional use; and that strict application of the Zoning Code
would deprive the property of privileges enjoyed by other properties under identical zoning classification in
the vicinity which have converted existing buildings to institutional use. " "
4. That this conditional use permit is hereby approved to permit a Buddhist temple
and caretaker's residence in the two existing structures for a period of flue (5) years.
5. That the proposed temple (and caretaker's unit) will be compatible with the
surrounding land uses because, as described in the letter of operation submitted by the petitioner, the
temple will have very limited days and hours or operation, and a minimum number of people on-site, and,
therefore, the use will not adversely affect the adjoining land uses and the growth and development of the
area in which it is located.
6. That the proposed temple/caretaker use will be located in existing buildings with
Code-required parking being available on-site and, therefore, 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.
7. That the property provides adequate ingress from Lincoln Avenue, a major
arterial highway, and the approved use will not impose an undue burden upon the streets and highways
designed and improved to carry the traffic in the area.
8. That no one indicated their presence at the public hearing in opposition to the
proposal; and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to permit a Buddhist temple and caretaker's residence
within two existing structures formerly used for residential and commercial use with waiver of minimum
number of parking spaces and minimum setback of institutional uses adjacent to a residential zone on a
rectangularly-shaped property having a frontage of 100 feet on the south side of Lincoln Avenue and a
depth of approximately 220 feet, and being located 245 feet east of the centerline of Dale Avenue (2780
West Lincoln Avenue); and does hereby approve the Negative Declaration upon finding that the
declaration reflects the independentjudgment of the lead agency and that it has considered the Negative
Declaration together with any comments received during the public review process and further finding on
the basis of the initial study and any comments received that there is no substantial evidence that the
project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the"Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, in part, upon the following conditions which
are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to
preserve the safety and general welfare of the Citizens of the Ciry of Anaheim:
1: That trash storage areas shall be provided and maintained in location(s) acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file
with said Department. Said storage areas shall be designed, located and screened so as not to be
.readily identifiable from adjacent streets or highways. The walls of the storage areas shall be
protected from graffiti opportunities by the use of plant materials such as minimum one (1) gallon
szeed clinging vines planted on maximum three (3) foot centers andlor tall shrubbery. Said
information shall be specifically shown on the plans submitted for building permits.
,2: l That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted
to the Streets and Sanitation Division for review and approval.
3. That an on-site trash truck turn-around area shall be provided in accordance with Engineering
Standard Detail No. 810 and maintained to the satisfaction of the Streets and Sanitation Division.
Said turn-around area shall be specifically shown on plans submitted for building permits.
CR3618PK.DOC -2- PC99-70
4. 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. °
5. That the driveway on Lincoln Avenue shall be reconstructed to accommodate ten (10) foot radius
curb returns in conformance with Engineering Department Standard No. 137.
6. That if the landscaping area for this project exceeds two thousand five hundred (2,500) square
feet, a separate irrigation meter shall be installed, in compliance with Chapter 10.19 of Anaheim
Municipal Code and Ordinance No. 5349.
7. That the existing structures shall comply with the minimum standards of the City of Anaheim,
including the Uniform Building, Plumbing, Electrical, Mechanical and Fire Codes, as adopted by
the City of Anaheim.
8. That the hours of operation and number of persons on-site shall be limited to the following:
Sundays: 10:30 a.m. to 1.30 p.m. with maximum of seventy (70) persons; and
Wednesdays: 6 p.m. to 7:30 p.m. with a maximum of fifteen (15) persons.
9. That the property shall be permanently maintained in an orderly fashion by providing regular
landscape maintenance, removal of trash or debris, and removal of graffiti within twenty four (24)
hours from time of occurrence.
10. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dead.
11. That signage for subject facility shall be limited to that which is shown on the exhibits submitted by
the petitioner and approved by the Planning Commission. Any additional signage shall be subject
to approval by the Planning Commission as a "Reports and Recommendations" item.
12. That subject use permit shall expire five (5) years from the date of this resolution, on April 26,
2004.
13. ~ That the developer shall submit 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 in compliance with Chapter 10.09 of the Anaheim
Municipal Code.
14. That prior to issuance of a building permit, the legal property owner shall submit an application for
a Subdivision Map Act Certificate of Compliance to the Public Works Department, Development
Services Division. A Certificate of Compliance or Conditional Certificate of Compliance will be
approved by the City Engineer and shall then be recorded in the Office of the Orange County
Recorder.
15. That prior to issuance of building permits, the legal owner of this property shall provide the City of
Anaheim with a public utilities easement to be determined as the electrical design is completed.
Said easement shall be submitted to the City of Anaheim.
16. That the existing chain link fence at the front portion (Lincoln Avenue) of the site shall be removed.
CR3618PK.DOC -3- PC99-70
17. That all Code required trees shall be minimum twenty four (24) inch box sized, except for palm
trees which shall be a minimum of eight (8) feet high at time of planting. Said information shall.be. _
specifically shown on plans submitted for building permits.
18. That the variety of the required trees to be planted adjacent to the south property line shall be
- subject to the review and approval by the Urban Forestry Division of the Community Services
Department. Said information shall be specifically shown on plans submitted for building permits..
19. That the owner of the subject property shall submit a letter requesting the termination of
Conditional Use Permit No. 1292 (to permit on premises sale and consumption of beer in a
proposed dining room in conjunction with an existing delicatessen with waiver of a three foot
landscaped setback) to the Zoning Division.
20. That no exterior or amplified bells shall be installed or utilized in conjunction with this Buddhist
Temple.
21. That the existing freestanding pole sign shall be removed.
22. That a landscape hedge, to be maintained at a minimum height of three (3) feet, shall be planted at
the rear of the landscape planter adjacent to Lincoln Avenue in conjunction with a three (3) foot
high landscaped earthen berm, with trees and landscaping as shown on the approved exhibits.
The height of landscaping and the berm within the line-of-sight triangle adjacent to the driveway
opening shall be subject to review and approval by the City Traffic and Transportation Manager.
Said information shall be shown on plans submitted for Zoning Division approval.
23. 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 4, and as conditioned herein.
24. That prior to issuance of a building permit, or prior to commencement of the activity authorized by
this resolution, or within a period of one (1) year from the date of this resolution., whichever occurs
first, Condition Nos. 1, 2, 3, 4, 11, 14, 15, 17, 18, 19, 21 and 22, 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.
25. That prior to final building and zoning inspections or prior to commencement of this activity,
whichever occurs first, Condition Nos. 5, 6, 7, 13, 16 and 23,_above-mentioned, shall be complied
with.
26. That approval of this application constitutes approval of the proposed request only to the extent
that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and
Federal regulations. Approval does not include any action or findings as to compliance or approval
of the request regarding any other applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof,
be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 26, 1999.
(~, In'a i to"'~ ~ r`^r:~il'!' vii. BI (StQ~I
CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
CR3618PK.DOC -4- PC99-70
ATTEST:
(QrIgI0a1 signz~ !>, ..'~:;,=.rlia SD10rIA~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) 5s.
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 April 26, 1999, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ONE VACANT SEAT
IN WITNESS WHEREOF, I have hereunto set my hand this day of
_, 1999.
(Original signed 1, iJargar;~a Solorial
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
CR3618PK.DOC -5- PC99-70
ITEM N0. 5
cp 14
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T-CUP 2004-04836
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VAR 1805
VAR 1545
(RCL 62-63-51)
CHURCH
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Conditional Use Permit No. 3876
TRACKING NO. CUP2004-04$36
Requested By: JULIO VIVAS
Subject Property
Date: April 5, 2004
Scale: 1" = 200'
Q.S. No. 73
REQUEST TO AMEND EXHIBITS FOR APREVIOUSLY-APPROVED CHURCH TO CONSTRUCT
ACCESSORY SUNDAY SCHOOL CLASSROOMS WITH WAIVER OF MINIMUM NUMBER OF
PARKING SPACES.
511 South Harbor Boulevard -Unitarian Church of Orange County
lzas
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Staff Report to the
Planning Commissidn
April 5 2004
'.Item No; 5
5a. s CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED)
5b. ' WAIVER OF)CODE REQUIREMENT
Sc. < CONDITIONAL'USEPERMlT NO.'3876 (Motion for continuance)
(TRACKING NO[!CUP2004-04836)
SITE LOCATION'AND DESCRIPTION:
(1) This irregularly-shaped, 0.5-acre propertyis located at the southwest corner of Santa Ana
Street and Harbor Boulevard with frontages of 138 feet on thesouth side df Santa'Aha
Street and 164 feet on the wesfside of Harbor Boulevard (511'South Harbor Boulevard -
Undarian Church of Orange County).
REQUEST:
(2) The petitioner requests approval to amend exhibits for a previdusly-approved church to
construct adcessory Sunday sdhool classrooms under authority of Code Section 18.03.091
with waiver of the following:
SECTIONS 18.06.050.0266 AND Minimum number of oarking spaces
18.41:066.050 ? (24 required; 22 proposed)
? BACKGROUND:
(3) This property is currently developed with a church and is zoned' CO (Commercial, Office
:and Professional). The City of Anaheim General Plan Land Use Elemenf Map designates
this property for Commercial Professional land uses.
(4) Susan Secoy, projecCapplicanq has submitted the attached letter dated March 25, 2004,
requesting'a two-week continuance tc theApril 19, 2004, Planning Commission meeting in
order to complete a parking justification letter to be reviewed by the City Traffic and
Transportation Manager.
RECOMMENDATION:
(5) Staff recommends that the Commission, by motion, continue this item to the April 19, 2004,
meeting as requested: by the petitloner,
sr8723av
Page 1
Mar 25 04 05: 28p Susan Secoy
secoyarchitects
112 E Chapman Aue., Ste. E, QranAe, California 92866 Te1.714.639.4367 Fax714.639.0782
714 639 0782 p.l
ATTACHI4ENT - IT);M N0. 5
To: Amy Vasquez Fram: Susan Secoy, AIA
Fax 714 765 5280 Pages: coversheet
Phone: Date: 03.25.04
Re: Unitarian Church Classroom Project CC: Joe Chaikin
Urgent ^ For Review ^ Please Comment ^ Please Reply ^ As Requested
Comments
Amy; per our telephone conversation, we are requesting a (2) week continuant; in order to properly
respond to the findings relative to the proposed project. Please call with any questions or comments.
Thank you.
Susan Secoy, AIA
Secoy Architects
ITEM N0. 6
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Conditional Use Permit No. 2004-04837 Subject Property
Date: April 5, 2004
Scale: 1" = 200'
Requested By: PAUL CHIAVATTI Q.S. No. 62
REQUEST TO PERMIT A RESIDENTIAL GROUP CARE FACILITY FOR UP TO 24 RESIDENTS
RECOVERING FROM CHEMICAL DEPENDENCY.
1310 West Pearl Street
1250
rmvv r1n G
Staff Report to the
Plarihing .Commission
April 5; 2004
Item Nb. 6'
6a. ` CEQA CATEGORICAL EXEMPTION -CLASS 1 (Motion)
6b. ``CONDITIONAL USE PERMIT'N0;2004=04837 (Resolution)
SITE LOCATION AND DESCRIPTION: i
(1 } This rectangularly-shaped 0.21-acre property has a frontage of 65 feet on the south side of
Pearl Street, a maximum depth pf 145 feetand is located 565 feet west o1 he centerline of
Garieton Avenue (1310 West Pearl Street' Expedition House).;
REQUEST:
(2) The petitioner requests approval: of a conditional use'permit to permit a residential group
care facility for up to twenty-four((24) residents recovering from: chemical'dependency
under authority of Code Section 18.04.160:030.
BACKGROUND:
(3) This property is currently developed with afour-unit apartment building antl is currently
operated as a sober living home: The property is zoried RM-1200 (Residential, Multiple-
:Family) and the General Plan Land Use Element Map designates this property, and'all
surrounding properties, for Low-Medium Density Residential land uses.
PREVIOUS ZONING ACTIONS:
(4) Tfte following zoning actions pertain to this property: ,
(a) Variance No. 3082 and Tentative Tract Map No, 10669 (waiver of minimum lot width to
construct a 10-lot, 40-unit, RM-1200 apartment subdivision and a 3-Iot'CL subdivision on
3.9 acres) was approved by the Planning Commission in 1979.
(b) Variance' No. 470 (To erect buildings for marriage,:family and'general counseling,
meditation chapel and weddings on 4 acres) wasapprovedby the Planning Commission
in 1955. A letter from the property owner, requesting the termination of this entitlement,
was submitted to the Zoning Division on'March 24;.2004.
PROPOSAL:
(5) The applicant requests approval to permit a residential care facility with on-site counseling
services. A residential or group care facility is defined as a building or portion thereof
designed or used for the purpose of providing 24-hour per day ~esidentia(living
accommodations in exchange for the payment of money or other consideration, where the
:duration of tenancy is'determined, in whole or in part, by the individual resident's
'participation in group'or individual activities such as`counseling recovery planning, or
.medical or therapeutic assistarice. A residential care facility for'seven ormore residents is a
,'permitted use in all'residential`zbnes subject to the approval ofia conditional use permit.
?i Such facilities for six or less residents are permitted by right in residential zones.
S~3065ey.doc
Page 1
Staff Report to the'
Planning Commission
April 5;' 2004
Item No: 6
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View of 1310 Pearl Street -Expedition House
(6) The site. plan (Exhibit No. 1) indicates the proposed residential care facility would occupy
'- an existing 4,000 square foot4-plex. The floor plans (Exhibit;Nos. 2 and 3) indicate a total
of 9 bedrooms. The first floor. plan (Exhibit No. 2) shows the living room; kitchen, dining
room and bathroom for Unit A. Also located on the first floor is Unit B, which includes two
bedrooms, two bathrooms, living room,,kitchen and dining room. The'second floor plan
(ExhibiENo. 3) shows the upper floor plan of Unit A, as well as Units C and D. Unit A
includes hree bedrooms and two additional bathrooms.' Units C and D'each contain two
bedrooms, two bathrooms, living room; kitchen antl dining room. The second story also
includeslan open: balcony area overlooking the interior courtyard. No interior or exterior
improvements are proposed with this request.
(7) 'The site plan indicates that vehicular access is gained from one driveway on Pearl Street.
The site plan indicates a totalbf 11 parking spaces on-site;(two 2-car garages, one 3-car
garage`and 4 open parking spaces). The Code does not specify a parking ratio for
residential care facilities; therefore, the'Code provision pertaining tomulti-family dwellings
was used to determine a parking requirement of 10 spaces.
(8) Submitted photographs and a site inspection indicate the entire building is constructed of
stucco with brickand wood siding on the north elevation facing Pearf Street. The
landscaped setback is well maintained with groundcover, mature evergreen and palm trees
and shrubs.
Page 2
Staff Report to the
Planning Commission
April 5; 2004
item Nd.'6
(9) The letter of operation states that the facility would provide 24-dour care for up to 24 men
recovering from alcohol/chemical dependency. The4etter states that counseling services
would be available only to tenants residing: at the facility and that no visitors would be
- .permitted on the premises. The facility would be staffed with an on-site manager with a
maximum of three counselors on-site at any one time. Residents would not be permitted to
drive or leave the premises and would be subject to regular drug testing.: Lastly, the(
Commission should note that this facility would be licensed by,the California Department of
Alcohol and Drug Programs.
ENVIRONMENTAL IMPACTANALYSIS:
(10) The Planning Director's authorized representative has determired that the proposed project
.falls within the definition of Categorical Exemptions; Sectiori 15301, Classi1 (Existing
Facilities); as defined in the State CEQA Guidelines and is, therefore, exempt frbm the
requirement to prepare additional environmental documentation.
GROWTH MANAGEMENT ELEMENT ANALYSIS'.
(11) The proposed projecthas been Peviewed by affected,City departments to determine
whether itconforms 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, itFias been
! determinedthat this project does not fit within the scope necessary to require a Growth
Management Element analysis, therefore;'no analysis has been. pertormed.
EVALUATION:
(12) Residential or group care facilities with seven or more residents: are permitted in all
residential "zones sutiject to the approval of a conditional use permit.
(13) This property is currently operated as a sober living facility and is certified by a voluntary
'program administered by the County. The Anaheim' Municipal; Code doesnot require a
conditional use permit for a sober living facility and licensing is voluntary. A sober living
facility is defined by the Orange;County SherifFs Department as A facilityoffering an!
alcohol and drug free residence (or unrelated adults'who are recovering from alcohol or
drug addictions, these facilities may also be known as transitional living environments
where no drug or alcohol treatment services are provided on site. The Departmenfof
Alcohol Drug Programs does not license such a facility to offerresidentfal treatmenf for
drug or alcohol abuse or addiction. The request to provide on-site counseling services
alters the use of the property from a residential apartment use,(sober living facility) to a
residenkialgroup care facility. Residential group care facilities (defined atibve in paragraph
5) with seven or moreresidents'are permitted in all residential zones subject to approval of
a conditional use permit. Residential group care facilities also require a State license from
the Department of Alcohol and Drug Programs.
(14) The applicant requests to provide on-site counseling for persons residing at the facility.
According, to the applicant, all residents are screenetl and referred by a California State or
Orange County Agency. The Commission may wish to note thaEthe majority of participants
would be adult men with alcohbl problems'and wouldbe screened by the appropriate State
andlor County agencies. The facility wduld be non-medical and would provide both group
Page 3
Staff Report to the
Planning Commission
April 5; 2004
Item No: 6
and individual counseling from 8 a.m. to'5 p.m. Monday through Friday, with a maximum of
three cdunselors. n general treatment would be completed within thirty days; however,
tenants may reside'at the home for a shorter period of time, move to a separate sober living r
environment or move in with'family members. Counseling would only be for participants
residing at the facility; further;'~esidents would be subject to regular drug testing and would
not be permitted to drive. It sfiould alsobe noted tfiat the existing apartment building would ;
not be expanded of modified as part of this requestand would not be recognizableas a
residential care facility. Therefore, stafftecommends approval of this request to use an
existing apartment building iri,to a residential care#acilityfor up to 24 residents.
(15} The Commission may also wish to note that Conditional Use Permit No: 2003-04789 (to
convert a duplex into a residential care facility including on-site counseling for up to twenty
four residents living'on the premises) was approved on November 17, 2003. This-
entitlement pertains: to 1300 West Pearl;: which islocated adjacent to the proposed facility
and is owned and'operated 6y the applicant.
FINDINGS:
(16) Before the Planning Commission grantsany conditional use permit, it must make a finding
of fact that the evidence presented shows that all of the following conditions exist:::
(a) That the proposed use',is properly one for which a conditional use permit is'
authorized by the Zoning Code, or that said use is notlisted 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 td 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 traffiCin the
'ar'ea; 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:
(17) Staff recommends that, unless additional or contrary information is received during the
meeting; and based upon the evidence'submltted to the Commission, including the
evidence: presented in this staff repprt, and oral and written evidence presented at the
public hearing, the Commission approve the petitioner's request by adopting the attached
resolution, including the findings and conditions therein:
Page 4
9TTACHI~NT - ITEM NG. 6
[DRAFT]
RESOLUTION NO. PC2004-'
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04837 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of
California, described as:
LOT 2 OF TRACT 10669 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 459, PAGES 46 AND 47 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
ORANGE COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on April 5, 2004, 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 16.03, 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 18.04.160.030 to permit a residential group care facility for up to twenty-
four (24) residents recovering from chemical dependency.
2. That a residential or group care facility with 7 or more residents is a conditionally permitted
use in the RM-1200 Zone.
3. That the proposed residential care facility would provide acost-effective, humane and non-
institutional environment for persons recovering from drug and/or alcohol addiction and as conditioned
herein, would not adversely affect adjoining land uses.
4. That the size and shape of the property is adequate to allow the proposed residential care
facility without being detrimental to surrounding land uses; and that no expansion or physical changes to the
property are proposed that would indicate the use of the apartment building as a recovery facility.
5. That the traffic generated by the residential care facility would not pose an undue burden
upon streets and highways designed to carry the traffic in the area; and residents would not be permitted to
drive or have visitors and therefore, no parking or traffic impacts would occur.
6. That granting this conditional use permit to allow a residential care facility, under the
conditions imposed, would not be detrimental to the peace, health, safety and general welfare of the citizens
of the Cityof Anaheim; and
7. That "' indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or her
authorized representative has determined that the proposed project falls within the definition of Categorical
Exemptions, Class 1, as defined in the State CEQA Guidelines and is, therefore,"categorically exempt from
the requirement to prepare additional environmental documentation.
Cr\PC2004-0 -1- PC2004-
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 all services, including counseling, shall be for the residents at this address (1310 W est Pearl
Street) only.
2. That the petitioner shall provide atwenty-four (24) hour per day, on-site manager who will be
responsible for responding to any neighborhood concerns regarding the facility. That the name and
telephone number of the on-site manager shall be submitted to the Code Enforcement Division of the
Planning Department to be kept on file.
3. That plans shall be submitted to the Building Division showing that the project complies with all
requirements of an "R-6.2" occupancy.
4. That the trash storage areas shall be maintained in a manner satisfactory to the Public Works
Department, Streets and Sanitation Division.
5. That the petitioner shall furnish to the Zoning Division a copy of the license, with any attached
conditions, issued by the State of California Department of Alcohdl and Drug Programs, authorizing
this use as a residential recovery facility.
6. That no signs shall be visible off-site identifying this use as a residential care facility; further, the use
shall not be recognizable from off-site as a residential care facility.
7. That this facility shall be limited to 24 men recovering from alcohol/chemical dependency, screened for
successful integration into a residential setting and as stipulated by the petitioner, no visitors shall be
permitted nor shall residents be permitted to drive or maintain a personal vehicle on the premises. The
facility shall be non-medical and shall be permitted to provide both group and individual counseling
from 8 a.m. to 5 p.m., Monday through Friday with a maximum of three (3) counselors. Counseling
shall be provided only for participants residing at the facility.
8. That prior to the operation of this business, a valid business license shall be obtained from the City of
Anaheim, Business License Division of the Planning Department.
9. That no required parking areas shall be used for storage.
10. That the property shall be permanently maintained in an orderly fashion by providing regular
landscaped maintenance, removal of trash and debris, and removal of graffiti within twenty-four (24)
hours from time of occurrence.
11. That subject property shall be maintained in accordance with plans and specifications submitted to the
City of Anaheim by the petitioner and which plans are on file in the Planning Department marked
Exhibit Nos. 1, 2 and 3 of Conditional Use Permit No. 2004-04837.
12. That prior to commencement of the activity authorized by this resolution, or within one (1) year from the
date of this resolution, whichever occurs first, Condition Nos. 2, 3, 5, 8 and 11 above-mentioned shall
be complied with.
13. That approval of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal
regulations. Approval does not include any action or findings as to compliance or approval of the
request regarding any other applicable ordinance, regulation or requirement.
_2_ PC2004-
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.
5, 2004.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April
CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Ciry Planning
Commission held on April 5, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this day of
2004.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-3- PC2004-
ITEM N0. 7
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VAR 2126
EL RANCHO
MIDDLE SCHOOL
ALL ~R~~ERTIES ARE IN THE (SC) (SCENIC
General Plan Amendment No. 2004-00418
Reclassification No. 2004-00116
Variance No. 2004-04601
Tentative Parcel Map No. 2004-127
Requested By: FRANK T. MINISSALE
Subject Property
Date: April 5, 2004
Scale: 1" = 200'
Q.S. No. 202
D
GENERAL PLAN AMENDMENT NO. 2004-00418: REQUEST TO AMEND THE LAND USE ELEMENT MAP
OF THE GENERAL PLAN REDESIGNATING THE PROPERTY FROM THE HILLSIDE ESTATE DENSITY RESIDENTIAL
DESIGNATION TO THE HILLSIDE LOW DENSITY RESIDENTIAL DESIGNATION.
RECLASSIFICATION NO. 2004-00116: REQUESTS RECLASSIFICATION OF THE PROPERTY FROM THE
RS-A-43;000 (SC) (RESIDENTIAUAGRICULTURAL; SCENIC CORRIDOR OVERLAY) ZONE TO THE RS-HS-22,000
(RESIDENTIAL, SINGLE-FAMILY, HILLSIDE; SCENIC CORRIDOR OVERLAY) ZONE OR A LESS INTENSE ZONE.
VARIANCE NO. 2004-04601: REQUESTS WAIVERS OF:
(A) MINIMUM LOT DEPTH ADJACENT TO A SCENIC EXPRESSWAY
(B) MINIMUM LOT AREA
TENTATIVE PARCEL MAP NO. 2004-127: REQUEST TO ESTABLISH A 3-LOT, 3-UNIT DETACHED
SINGLE-FAMILY SUBDIVISION.
111 Mohler Drive
1253(20043-26)
`'' O
RS-7200(SC) ~G
RCL 71-72-30 (8) JQ-P
VAR 2375 Q
1 DU EACH ~C~,
GPI
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/ RCL 81 X2-07
~
~ RCL 78-79-32
~
VAR 3538
VAR 3078
RS-A-43,000(SC) ~~~ X
GPA 2004-00418 ~
/ \
RCL 2004-00116 >
~ VAR 200404601 RH-22000(SC)
TPM 2004127 /
VAR 3538
RCL 72-73-50
(Res of Int to (
RS-HS-10,000(SC)) I
RCL 72-73-07 ~
1DU I
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RH-22000( SC)
w RCL 72-73 -51 ~
o
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VAR 325 ~'
RCL 81-82-07
0 MOHLER DRIVE
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RCL 72.73 7
;ORRRDOR OVERLAY ZONE
Staff Report to the i
Planning: Commission
April 5;.2004
Item No 7
7a CEQA NEGATIVE DECLARATION
7bs' GENERAL PLAN'AMENDMENT NO. 2004-00418
7c. RECLASSIFICATION N0 2004-00116
7d: VARIANCE NO:'2004-04601
7eS TENTATIVE PARCEL MAP NO. 2004-127 (Motioh for continuance)
SITE LOCATION AND DESCRIPTIONi
(1) This irregularly-shaped 1.5-acre property is located at the southwest corner of Santa Ana
Canyon Road and Mohler Drive with frontages of 406 feet on tte south side of Santa Ana
Canyon Road and 300 feet on the west sitle of Mohler Drive (111 Mohler Drive).
REQUEST:
(2) The petitioner requests approval of the following:
General Plan Amendment No: 2004-00418- to amend the Lard Use Element Map'of the
? General Plan redesignating this property from the Hillside Estate Density Residential
"designation to the'Hillside Low Density Residential'designation:
'Reclassification No. 2004-00116 - to reclassify this property from the RS-A-43,000 (SC)
(Residential/Agricultural -Scenic Corridor Overlay)' zone to the RS-HS-22,000 (SC);
(Residential, Single.-.Family-.Hillside Scenic Corridor Overlay) or less intense zone:'
Variance No. 2004-04601 - to construct 3'detached single-family homes with waivers of:
(a) SECTION N0.18.04.020.023 :'Minimum lot depth adjacent to a scenic
'exoresswav (450 feet required; 110 feet
,!proposed for Lot B and 115 feet proposed
'for Lot C)',
(b) SECTION NO. 18.22.061.010 Minimum lot area (22.000 square feet 19 000
square feet exclusive of publicbr private road]
required;'15,910 square feet proposed for Lot B)
TENTATIVE PARCEL MAP NO. 2004-127 - to establish a 3-lot, 3-unit detached single-
family resdential'subdivision. ;`
BACKGROUND:'
(3) This property is developed withrone single-family home and is zoned RS-A-43,000 (SC).
The General Plan designates this propertyand property to the east (across Mohler Drive)
for Hillside Estate Density Residential larid uses and further designates property to the
`north (across Santa Ana Canyon Road) for Hillside Low Density: Residential land uses, and
±property to, the soutfi for a junior high school site (EI Rancho Middle School).
sr1147cw.doc
Page 1
Staff Report to the
Plannrig`Commission
April 5; 2004
Item No: 7
(4) The agent for the property owner has submitted the attached letter dated March 25;2004,
~equestirig a two-week continuance to submit a Preliminary Water Quality Management
Plan, fog Feview by the Public Works Department, Development Services'Section.
RECOMMENDATION:
(5) That the Commission, by motion, continue this item to the April 19, 2004; Planning..
Commission meeting.
Page 2
FROM Stout Surveying Service FAX NO. 7748336
Mar. 25 2004 03:05PM P1
ATTAOHI~NT - ITEM N0. 7
STOUT SURVEYING S~RVIC~
1316 CANDLEWOOD STREET
ANAHEIM, CALIFORNIA 92805
PHONE (71 d) ~7d-8336
March 25, 2004
Ms Charity L. Wagner
PLANNING DEPARTMENT
200 S. Anaheim Blvd.
Anaheim, CA. 92803
Ref: Tentative Parcel Map No. 2004-127
~~~
P~~6,c,,,ENNN NG
DE[#~ZMENi
Please accept this request for a two week continuance before placing this Pazcel Map on
the Planning Commission agenda.
We are working on the "Water Quality Management Plan" as needed by the Anaheim
City Public Works Department for their processing of this project. This plan is quite
involved and requires a lot of planning and design to properly implement all the required
items on the Tentative Map Preliminary Grnding.
Thank you for your consideration of this request 1 am sure we will be able to meet the
necessary requirements and be ready for the next Planning Commission Agenda.
Sincerely
~~
Authorized Agent
ITEM N0. 8
Staff Report to the
T Planning.Commission
April 5; 2004
Item No: t3-
Sa. ' CEQA NEGATIVEbECLARATION
Sb. ' WAIVER OF CODEl2EQUIREMENT
Sc. CONDITIONAL USE PERMIT N0.2004=04838 (Motion for continuance),
? SITE LOCATION AND DESCRIPTION::'
(1) This 1.74-acre, irregularly-shaped'property is bounded by Weir Canyon Road, Monte Vista
Road and Old Springs Road, with frontages of 500 feetbn the north side of Monte Vista Road
and 170 feet on the east side of Old Springs Road (8245 and 8295 East Monte Vista Road).
REQUEST:
(2) The petitioner requests'approval of the following:
Conditional Use PermitNo. 2004-04838 - to construct a four (4)-unit commercial retail tenter
and two-story medical office building, including roof-mounted equipment under authority of
'Code Section Nos. 18.44.050.135 and 18'.84:062:032 with waivers.
``BACKGROUND:
(3) This property currently consists of three parcels, one of which is improved with a car wash,
and two vacant properties and is zoned CL (SC) (Commercial, Limited, Scenic Corridor
Overlay). The Anaheim General Plan Land Use Map designates: these properties for General
Commercial land uses. i
(4) Dc Mahesh Vyas, the property owner, has submitted the attached letter, dated March 26,
2004, requesting atwo-week continuance to the April 19, 2004, Planning Commission
meeting.
RECOMMENDATION:
(5) Staff recommends thatthe Commission, by motion, continue this item to the April 19, 2004,
meeting as requested by the petitioner.
Sr3D66a_ey.doc
Page 1
ATTACHI~NT -ITEM N0. 8
~S yes
Adult and Pediatric Allergy and Asthma
21580 Yorba Linda Blvd. Suite 202
Yorba Linda, CA 92887 ' "'
Pdrone: (714) 693-3663 Fax: (714) 693-4805
Mazch 26, 2004
To: Elaine Yambao
Planning bept. City of Anaheim
RE: CUF 2004-04838
I request you to move my Planning Commission hearing on above CUP application to 04/19/04.
Si~nc^erely~
Mahesh Vyas M.D.
ZTE*t N0. 9
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Conditional Use Permit No. 4033 '~ ~ Subject Property
TRACKING NO. CUP2004-04840 Date: April 5, 2004
Scale: Graphic
Requested By: KINDRED COMMUNITY CHURCH Q.S. No. 225
REQUEST TO PERMIT ROOF-MOUNTED EQUIPMENT IN CONJUNCTION WITH AN EXPANSION
OF AN EXISTING MULTI-PURPOSE BUILDING AND TO DETERMINE SUBSTANTIAL CONFORMANCE
WITH PREVIOUSLY-APPROVED EXHIBITS FOR AN EXISTING CHURCH AND TO AMEND OR DELETE
A CONDITION OF APPROVAL PERTAINING TO A TIME LIMITATION FOR FOUR (4) EXISTING MODULAR
BUILDINGS AND TO FURTHER ALLOW THE ESTABLISHMENT OF FOUR (4) ADDITIONAL MODULAR
BUILDINGS FOR ACCESSORY CHURCH ACTIVITIES.
8712 East Santa Ana Canyon Road -Kindred Community Church
1255(20043.30)
TTF.M Nn. 9
Staff Report to the
Planning Commission
Apri15, 2004
`Item No. 9 i
9a. CEQA NEGATIVEbECLARATION (PREVIOUSLY-APPROVEDi (Motion}
9b. DETERMINATION!OFSUBSTANTIAL'CONFORMANCE (Motion)
9c. CONDITIONAL:USE.PERMITN0.4033 (Resolution)
(TRACKING No. CUP2D04-04840)
SITE LOCATION AND DESCRIPTION:
(1) This irregularly-shaped, 37.07*-acre, property has a frontage of 155 feet pn the south side
of Santa Ana Canyon`,Road, a maximum(depth of 1750 feet, and is located 3,759 feet west
of the centerline of Gypsum Canyon Road' (8712 East Santa Ana Canyon'Road -Kindred
'.Community Church).
*Advertised as a 65.81-acre property.
REQUEST:
(2) Petitioner requests approval to permit roof-mounted equipment in conjunction with an
expansiorrof an existing multi-purpose building and to determine substantial conformance
with previously-approved exhibits for an existing church and to amend or tlelete a condition
of approvalpertaining to a time limitation for four (4) existing modular buildings, and to
further allow the establishment of four (4) additional modular buildings for accessory: church
activities and modify hours of operation under authority of Code`Section Nos. 18.03:091,
:18.03092, and 18:03.030.010.
Note: The request for roof-mounted equipment has been deleted.
BACKGROUND:
(3) This property is partially developed with a church, including modular buildings, a parsonage,
biblical theme garden`and water feature, and an outdoor chapel; The site is located within
Development Area 9 (Single-Family Residential) of SP88-1 (Sycamore Canyon Specific
Plan). The Anaheim'General Plan designates this property for Open Space.
;' (4) Surrounding General Plan Land Use designations are as follows:
Direction ~~ General,PlanDesi nation
North (across Santa Ana
Can bn Road Freeway
Northeast O en S aces
East ahd South Hillside Low-Medium Densi ..Residential
`West ;Hillside Medium Densi Residential
PREVIOUS ZONING ACTIONS:'
(5) The following zoning actions pertain to this`property:
(a.) Subject Conditional Use Permit No. 4033 (to permit a 29,503 square foot church with
accessory day, care center, fellowship hall, and multi-purpose building in conjunction
with existing modular buildings) was; approved by the Commission (n June 1998. On
July 19, 1999, t•evised plan were approved to permit a manufactured home fora
Sr5088jr
Page 1
Staff Report to the
: Planning.Commission
April 5,:2004
? Item No 9
parsonage and to amend or delete certain conditions of approval pertaining to '
landscaping and roof-mounted equipment in conjunction with the previously approved
chinch. On March 1,.2004, staff determined that a 5,611'square foot addition to the `
fellowship hall was in substantial conformance with previously-approved plans:':
(b.) Conditional Use Permit No. 3032 (to permit asemi-enclosed "garden church'; including
5 temporary modular buildings, an outdoor amphitheater and stage,for a periotl of three
years) was approved by the Commission on July 6, 1988; o expire on July 6, 1991. On
July15, 1991, ConditionaliUse Permit No. 3032 was amended by the Commission to
modify the conditions of approval pertaining to time limitations to allow the chinch to
remain until May 16, 1999: This conditional use permit was reinstated by Commission
on July 7, 1999; and the time limitation was eliminated.
(c) The Sycamore Canyon Specific Plan. (SP88-1) was adopted by the Council in February
19881 The specific plan provides for the development ofa planned community
consisting of single-family residences, condominiums, a commercial shopping center,
parks, community facilities (including a fire station, police station, and library)(and open
space areas.
'; (d.) The Sycamore Canyon Specific Plan designates this site as a "garden church° facility;
however, SP88-1 did nofihclude any development standards or procedures for the
development of a church within any Development Area, although the specific plan
document does state that`s church within this portion of the Sycamore Canyon Specific
Planwould be subject to a separate'entitlement process,(a conditional use permit).
(6) Resolution No. PC98-98 adopted in conjunction with Conditional Use Permit No 4033
contains tfie followingconditions of approval:
"9. ' Thaf church activities shall not begin before 9 a.m, and shall end before'dusk or
by 8 p.m; whichever is later, except on religious holidays (not to exceed ten (]O)
days percalendar year).
16. That within a period of five (5) years from the date of this resolution, the existing
modular buildings (except for the dressing room and restroom located adjacent to :
the outdoor chapel. at the western portion of the.property) shall be removed from
this properfy."
DISCUSSION:
(7) The petitioner requests to amend or delete Condition No. 9 of Resolution!No. PC98-98 (as
identified. in paragraph no. 6 above), to modify the operational characteristics of the facility.
The petitioner's letter of operation indicates that church activities would extend beyond dusk
'until 10 p.m. on weekdays and until 11 p.m. on Friday, Saturday, and Sunday. Staff
recommends modifying the condition requiring that all outdoor activities end before dusk or
by 8 p.m., whichever is later, except on religious holidays (not to exceed ten (10) days per
.'calendar year). The Commission may wish to note that no amplified sound system'is allowed'
".(prohibited.. by Condition No. 11) and any special event would require review by the Zoning
''Administrator prior to approvaC(Condition No. 12). Because these activities would not be
!.allowed outside after dusk,`staff recommends the Commission: modi this condition to
accommotlate the petitioner's request.
Page 2
Staff Report to the
Planning Comrnission
Apri15; 2004
Item No 9
Building Size (square feet)-
Fellowship Hali 9,015
Sanctuary ' 10,000
dmin/Multi-Puropose 2,000
Study Center 3,000
ClassroomlDaycare 5,328
otal 29,343
The Commission may wish tornot that no change to the wedding chapel'facility i5 proposed
and thaf adequate parking facilities (392 paces required; 392 spaces'p~oposed) would be
provided'as required by Code:;
(11) The interim (Phase II) site plan (Exhibit,No. 12) indicates that in addition to the existing
parsonage and multi-purpose' building (currently being used as the main sanctuary), there
i are a total of ten (10) modular buildings' proposed to be utilized for accessory church
activities: Of the ten (10) buildings, only;the two (2) existing modular buildings utilized as
` part of the wedding chapel facility at the'western portion of the property'are currently
permitted. The existing administrative office adjacent to the wedding cftapel facility, the
r existing ftigh school classroom at the north parking lot, and the two (2) existing classrooms
at the south parking lot are subject to removal as indicated in! Condition`No. 16 described
above. Ih additioh o these existing buildings, four: (4) additional modular buildings are
proposed. Two (2)'classrooms and one (1) restroom building would be ocated east of the
existing multi-purpose building and one (1) restroom building'would belocated south of the
existinghigh school classroom at the north parking lot.
(12) ,Plans forthe interim facility indicate a total of 385 parking spaces. Code requires a
minimum of 211 parking spaces based bn the following:
U`se Square , . ~ Coda Parking Requirement„ - Parking
-~F.eet _< '; IZe wired ;
Sanctuary 6,775 !29 spaces per 1,000 square feet ofi assembly area or 198
(assembly) .0.333 space per fixed seat whichever is greater, plus
iwo-hundredths (.02) space per person for the
maximum capacity figure of the assembly area 9
`determined b the Fire De artment
Administrative 1,500 4 spacesper 1,000 square feet 6:
Office.';
Accessory 11,520 . 'None 0'
Ministries
(existing
motlulars
'Accessory 5,760: None 0'
Ministries'
(proposed
modulars
:TOTAL 25,555 211
:'Note: Code does notrequire any parking for the accessory Sunday school classrooms.
(13) ,The interim (Phase II) floor plans (Exhitiit No. 13) of the modular buildings indicate the
existing'and proposed modular buildings would contain administrative offices, classrooms,
nursery; changing areas for the wedding chapel, and restrooms for accessory church
activities.
(14) The interim (Phase II) elevation plan photographs (Exhibit No. 14) indicate the proposed
modular buildings would 6e'consisteht with the design of the existing modular buildings
located on site: The buildings would tie single story structures with flat roof construction,
Page 4
Staff Report to the
Planning Comrnission
Apri15, 2004
Item No19:
'.and finished with a sand color wood siding. The hand rails, trim, classroom doors, and
arcade trellis would be painted white to accent the wood siding'treatment: No roof=mounted
equipmenfwould belocated onany of the modular buildings.
(15) The interim (Phase II) preliminary landscape plan (Exhibit No. 15) indicates a total of thirty-
-two 24-inch box sized Australian Willow trees within he requited parking: area at tfte'south
end of the;property. Code requires that in addition to the required setback and any'slope
landscaping, all parking areas and vehicular accessways be landscaped to include at least
one (1) tree per three thousand,(3,000) square feet of parking"area and/or vehicular
accessways (71,699's.f./3000 = 24 trees)'distributed throughout the parking area and an
average of forty-eight (48) square feet of planter area provided'per required tree, with a
minimum planter dimension of five (5) feet. Code further requjres no more than ten (10)
parking spaces shallbe adjacent to each other in a row without being separated by
landscape: area with a minimum width df five (5) feet.
(16) Revision 1'of ExhibitiNo. 1, approved in conjunction with Conditional Use,Permit NoA033
reflects the existing parsonage, wedding chapel, and six (6) buildings, totaling 29,343
square feet. Because the overall size of the proposetl facility is identical to originally:
approved exhibits, and because Code-required parking for the'final buildout wouldbe
r provided; staff recommends the Commission determine that the amended exhibits ',
.:(Revision 2 of Exhibit No. 1, and Exhibit Nos. 12-15) are in sutistantlal conformance with the
original approval of Conditional Use Permit No. 4033::
ENVIRpNMENTAL IMPACT ANALYSIS:
(17) Staff has reviewed the request to determine substantial conformance with'. previously-
approved exhibits foran existing church and to amend or delete a condition of approval
pertaining o a time limitation for four (4) existing motlular buildings and to further allow the
establishment of four,(4) additional modular buildings. for accessary church activities and to
modify the hours of operation as approvedunder Conditional Use PermifNo. 4033'and
finds no significant adverse environmental impacts resulting from any changes to the
existing project. Therefore, staff recommends that the previously-approved Negative
Declaration in connection with ConditionaGUse Permit No. 4033 serve as the required
environmental documentation for this request upon a finding bythe Commission that the
Negative Declaration reflects the independentjudgment of the lead agency and that it has
considered he Negative Declaration together with any comments received during the public
review process and further finding on the basis of the Initial Study (a copy of which js
available for review in'the Planning Department) and any comments received that there is
no substantial evidence that the project will have aaignificant effect on the environment.
GROWTH MANAGEMENT ELEMENT ANALYSISi
(18) The proposed project has been reviewed by affected City departments to determine
whether it conforms with the Citys Growth'Management Element adoptedby the City
Council oniMarch 17,'1992. Based on City staff review of the proposed project, it has been
determined that this project does not fit within the scope necessary to require a Growth
Management Element analysis, therefore; no analysis has been.: performed.
FINDINGS:
(19) Before the Planning Commission grants oramends any conditional use permit, it must
make a finding of fact that the evidence,presented shows tfiat all of the following conditions
exist:
..Page 5
StafFReport to the
? Planning Commission
April 5 2004
Item No 9
(a) That the proposed use; as amended, is properly one for which a conditional use
permit is authorized by he Zoning Code, or that said use is not listed therein as
being a permitted use;
(b) That the proposed use; as amended, will not adversely affect the adjoining land uses
and the growth and developmentof the area in which It is proposed to be located;
(c) That the size and shape of the site for the proposed use, as amended, is adequate
td allow full'developmeht of the proposed use in a manner not detrimental to the
particular area nor to fie peace,' health, safety, and general welfare;
(d) That the traffic generated by the proposed use, as amended, wil(not impose an
undue burden upon the streets and highways designed and improved to carry the
traffic in the area; and
(20) Subsection 18,03.092 of the Anaheim Municipal Code provides for the modificakion or
'termination of a conditional'use permit for one ormore 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'br inoperative for any reason for a period of six (6) cbnsecutive'months
or more;
(d) That the permit granted is being, or recently. has been'exercised'contrary to the
teems or conditions of such approval, or in violation of any statute, ordinance, law or
regulation;
(e) That the use for which'the approval was granted has been so exercised a5 to be
detrimentafto the public health or safety, ocso as to constitute a nuisance;
(f) That the use for whichthe approval was granted has not been exercised, and that
tiased upon. additional information or due to'changed' circumstances, the facts
necessary to support one or more of the required showings for the issuance of such
entitlemenYas set forth in this chapter no longer exist;?and/or I
(g) That any such modification, including the imposition of any additional conditions
thereto, is',reasonatily necessary o protect the public peace, health, safety or
general welfare, or necessary to permit reasonable operation under the conditional
'use permit as granted:
RECOMMENDATION:
(21) Staff recommends that, unless additional or contrary information is received during the
meeting; and based upon the evidence submitted to the Commission, including the
evidence presented in this staff report, and oral and written evidence presented at the public
hearing, the Commission take the following actions:
(a) By motion, determine that the previously-approved CEG!A Negative Declaration is
adequate to serve as the required environmental documentation for this request.
Page 6
StaffReport to the
Planning Commission
Apri15, 2004
Item No: 9
(b) By motion, determine that the amended exhibits (Revision No. 2 of Exhibit No: 1 and
Exhitiit Nos. 17=15) are iri`aubstahtial conformance withtFie original: approvalof
Cdnditional Use Permit: Nd. 4033.
(c) By Resolution, approve the modification to Conditional Use Permit 4033 (Tracking
No: CUP2004-04840) to'amend a condition ofapprovaf pertaining o a kime limitation
_ for four (4) existing modular buildings, and to further allow the establishment of four (4)
additional modular buildings for accessory church activities for a period of ten (101
ears or until permanenffacilities are built, whichever occurs first, and to'mddify a
condition of approval pertaining to Hours of operation, tiased on tfie following:';
(i.} That, as conditioned, the proposed modifications to the conditions of approval
would' hot be tletrimental to the particular area+and surrounding land uses,
nor to he publicpeace, fiealth and safety and general welfare.
(ii.) That such modification is necessary to permit reasonable operation under the
.permit as grahted.
(d) Staff further recommends that should the Commission wish to approve the requested
amendment, that the conditions ofapprovaf contained in Resolution No. PCg8-98 be
incorporated into a new resolution which includes the following conditions of approval;
1. That within a period of ten (10) years from the date of this resolution, the modular
buildings (except for the dressing room and restroom located adjacent to the' outdoor '
chapel at the western portion of the property) shall be removed from this property. In the
event that permanent facilities to replace the modular buildings are built during: the ten
(10)'year period, the temporary modulars'shall be removed within sixty (60) days of the
occupancy of the permanent facilities.
2. That all outdoor church activities shall noYbegin before 9 a.m and shall end before dusk
or by 8 p.m., whichever is later, except on `religious holidays (not to exceed tern (10) days
per calendar year).
3. That no outdoor amplified sound systems shall be installed on the subject property, and that all
outdoor events shall comply with the requirements of Chapter (i70 "Sound Pressure Levels" of
the Anaheim'fvjunicipal Code.
4. That prior to issuance of any Special Events Permit for outdeor'activity on this property, the 1
petitioner shall obtain a Special Circumstance Waiver from the Zoning Administrator.
5. That trash storage area(s) shall tie provided and maintained in: locations acceptable to the
Public Works bepartment, Streets' and Sanitation Division, and in accordance with', approved
plans on file with said Department. Said storage areas shall be designed, located and'screened '
so as not to be readily identifiable from adjacent streets or highways. The walls of thestorage
areas shall be' protected`from graffiti opportunities by the use of plant materials such asclinging
vines or tall shrubbery.
6. 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 Sahitation Division.
7. That gates shall not be installed across any driveway or private street in a manner which '
may adversely affect vehiculartraffie on the adjacent public street. 'Installation of any ,
gates shall conform to the 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.
Page 7
Staff Report to the
Planning Commissioa
' Apri15; 2004
Item No. 9
8. That if necessary, the legal property owner' shall provide the City of Anaheim with a public':
titilities easement along/across:. high and low voltage; fines crossing the.: private property, and
around all pad-mounted transformers, switches, capacitors. Said easement shall be submitted
to the City ofAnaheim prior to connection ofelectrical service.
_ 9. That the legal property owner shall be required to pay,for an underground line extension to the'
nearest electrical source that has` the capacity to serve the loads of this project. Any required
relocation ofCity electrical facilities shall be at the property owner's expense. Landscape and
hardscape screening of all pad-mounted equipment shall be required and outside the easement
area of the equipment.
10. That all air conditioning facilities and all other ground mounted equipment shall be fully shielded
from. view and the sound buffered from adjacent residential properties. Such information shall
bespecifioally shown on the plans submitted for building permits. No roof mounted'equipmenf
shall be permitted.
11. That lighting of signage for subject property shaA be prohibited between the hours of midnight
and 6:30 a.m. as specified by Zoning Code Section 18.05.091:052, unless'a variance is applied
for' and granted. All new signage visible from off-site shall be subject to review and approval of
the Planning. Commission as a'Reports and'. Recommendations"agenda item.
12. That no outdoor lighting for the' parking tot, driveways, athletic fields or buildings shall be
installed prior to a review and approval of a compfehensive alighting plan by the Planning
Commissionras a "Reports and Recommendations" agenda item. That any future light fixtures
shall be down-lighted and directed away from adjacent residential property lines to,protect the
residential integrity of the area and shall be so-specified on the plans submitted for permits.
13. That subject'property shall be developed substantiallq in accordance with plans and
specifications submitted to the City of Anaheim by the, petitioner and which. plans are on file with
the PlanningDepartmentmorked Revision No. 2 of Exhibit No.' 1 and Exhibit Nos.3 through
15; and as conditionedherein and including. that the roof material'shall be the and thafany
exterior air oonditloning unit shallbe ground-mounted and screened.
14. That pr(or to`issuance of a building permit or within a period of one (1) year from the date of this
Yesolution; whicheverbccurs first; Condition'Nos. 5, 67, 8, 9 and 10, 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.
15. That prior to final building and zoning inspections, Condition No. 13, above-mentioned, shall be
complied with.
16. 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.
Page 8
ATTACHI~IENT - ITEM N0. 9
RESOLUTION NO. PC98-98
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO.4033 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 1 OF TRACT NO. 12990, TOGETHER WITH THAT PORTION OF SAID
TRACT DESIGNATED AS SANTA ANA CANYON ROAD, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 632, PAGES 47 AND 48 OF MISCELLANEOUS
MAPS.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on June 22, 1998 at 1:30 p.m., notice of said public hearing having been duly given as
required by law and in accordance with the provisions of the Anaheim Municipal Cade, 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 one that is not listed as a permitted use by the Anaheim
Municipal Code and, therefore, a conditional use permit is authorized by Code Section 18:03.030.010 to
permit a 29,503 sq.ft. church with an accessory day care center, fellowship hall and mufti-purpose building
in conjunction with existing modular buildings, and with waivers of the following:
(a) Section 18.04.042.020
(b) Sections 18.06.050.0266 -
and 18.06.080
Recuired setbacks for institutional uses.
Minimum number of parking spaces.
2. That this property is located in Development Area 9 (Single-Family Residential) of the
Sycamore Canyon Specific Plan (SP88-1 ).
3. That waivers (a) and (b) are :hereby denied because following public notification the plans
were revised to eliminate the need for said waivers.
4. That the proposed use, as granted, will not adversely affect the adjoining land uses and
the growth and development of the area in which it is proposed to be located.
5. That the size and shape of the site for the proposed use, as granted, is adequate to allow
full development of the proposal in a manner not detrimental to the particular area nor to the peace,
health, safety and general welfare.
6. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
CR3338PL.DOC -1- PC98-98
7. That granting of the conditional use permit, under the conditions imposed, will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
8. That no one indicated their presence at the public hearing in opposition; and that no
correspondence was received in opposition to this petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to permit a 29,503 sq.ft. church with an accessory day
care center, fellowship hall and multi-purpose building in conjunction with existing modular buildings, and
with waivers of required setbacks for institutional uses and minimum number of parking spaces (both
waivers were deleted) on a 65.81-acre parcel having a frontage of 155 feet on the south side of Santa Ana
Canyon Road and a maximum depth of 1,100 feet, and being located 3,759 feet west of the centerline of
Gypsum Canyon Road (8712 East Santa Ana Canyon Road -The Garden Church); and does hereby
approve the Negative Declaration upon finding that the declaration reFlects the independent judgement of
the lead agency and that it has considered the Negative Declaration together with any comments received
during the putilic 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 efrect on the
environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit No. 4033, 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 trash storage area(s) shall be provided and maintained in locations acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file
with said Department. Said storage areas shall be designed, 'located and screened so as not to be
readily identifiable from adjacent streets or highways. The walls of the storage areas shall be
protected from graffiti opportunities by the use of plant materials such as clinging vines or tall
shrubbery. Said information shall be specifically shown on the plans submitted in connection with
building permits Streets and Sanitation Division approval.
2. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted
to the Public Works Department, Streets and Sanitation Division, for review and approval.
3. That an on-site trash truck turn-around area shall be provided in accordance with Engineering
Standard Detail No. 610 and maintained to the satisfaction of the'Public Works Department, Streets
and Sanitation Division. Said tum-around area shall be specifically shown on plans submitted for
building permits.
4. That a lot line adjustment plat, showing that the property lines conform with the approved site plans,
shall be submitted to the Subdivision Section (Development Services Division) and approved by the
City Engineer and then recorded in the Office of the Orange County Recorder.
5. That plans shall be submitted to the City Traffic and Transportation Manager for review and
approval showing conformance with the most current versions of Engineering Standard Plan Nos.
436 and 602 pertaining to parking standards and driveway locations. Subject property shall
thereupon be developed and maintained in conformance with said plans.
6. That the driveway on Santa Ana Canyon shall be reconstructed to accommodate ten (10) foot
radius curb returns in conformance with Engineering Department Standard No. 137. Said
information shall be shown on the plans submitted for building permits.
7. That a driveway striping plan shall be submitted to the Traffic and Transportation Manager far
review and approval showing the line-of-sight distances for the driveway on Santa Ana Canyon
Road. The plan shall include turning lanes for this site..
-2- PC98-98
8. That all air conditioning facilities and all other ground mounted equipment shall be fully shielded
from view and the sound buffered from adjacent residential properties. Such information shall be
specifically shown on the plans submitted for building permits. No roof mounted equipment shall be`
permitted.
9. That church activities shall not begin before 9 a.m. and shall end before dusk or by 8 p.m.,
whichever is later, except on religious holidays (not to exceed ten (10) days per calendar year).
10. That a final landscaping plan for the 14.6-acre church site shall be submitted to the Zoning Division,
Planning Department, specifying type, size and location of proposed landscaping (including for the
theme gardens) and the irrigation system for review and approval by the Planning Commission as a
"Reports and Recommendations" agenda item. The landscaping shall be installed and maintained
in accordance with the approved plan.
11. That no outdoor amplified sound systems shall be installed on the subject property, and that all
outdoor events shall comply with the requirements of Chapter 6.70 "Sound Pressure Levels."
12. That prior to issuance of .any Special Events Permit for this property, the petitioner shall obtain a
Special Circumstance Waiver from the Zoning Administrator.
13. That plans for a comprehensive sign program, including the entry monument sign located on Santa
Ana Canyon Road, shall be submitted to the Zoning Division far review and approval by the
Planning Commission as a "Reports and Recommendations" agenda item.
14. That lighting of signage for subject property shall be prohibited between the hours of midnight and
6:30 a.m. as specified by Zoning Code Section 18.05.091.052, unless a variance is applied for and
granted.
15. That no outdoor lighting for the parking lot, driveways, athletic fields or buildings shall be installed
prior to a review and approval of a comprehensive lighting plan by the Planning Commission as a
"Reports and Recommendations" agenda item. That any future light fixtures shall be down-lighted
and directed away from adjacent residential property lines to protect the residential integrity of the
area and shall be so-specified on the plans submitted for permits,
16. That within a period of five (5) years from the date of this resolution, the existing modular buildings
(except for the dressing room .and restroom located adjacent to the outdoor chapel at the western
portion of the property) shall be removed from this property.
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 Exhibit Nos. 1 through 9, and as conditioned herein.
18. That appropriate permits shall be obtained before any disturbance (including, but not necessarily
limited to, grading and clearing) of Lots 2 and 3 takes place.
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, 5, 6, 7, 8, 10 and 13, 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. 17, 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 other applicable ordinance, regulation or requirement.
-3- PC98-98
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.
June 22, 1998.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
CHAIRMAN ANAHEIM CITY PLANNING COMMISSION
ATTEST:
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 June 22, 1998, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, NAPOLES, PERAZA, WILLIAMS
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
1N WITNESS WHEREOF, I have hereunto set my hand this day of
1998.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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