PC 2006/01/09n~ i tannin
Iasi a
onday, January 9, 2006
Council Chamber, City Hall
200 South Anaheim Boulevard, Anaheim, California
• Chairman: Gail Eastman
® Chairman Pro-Tempore: Cecilia Flores
• Commissioners: Kelly Buffa, Joseph Karaki, Ed Perez,
Panky Romero, Pat Velasquez
® Ca11 To Order
Preliminary Plan Review 1:00 P.nA.
• Staff update to Commission on various City developments and issues
(As requested by Planning Commission)
• Preliminary Plan Review for items on the January 9, 2006 agenda
® Recess To Afternoon Public Hearing Session
® Reconvene To Public Hearing 2:30 P.NI.
For record keeping purposes, if you wish to make a statement regarding any
item on the agenda, please complete a speaker card in advance and submit it to
the secretary.
® Pledge Of Allegiance
® Public Comments
® Consent Calendar
® Public Hearing Items
• Adjournment
You may leave a message for the Planning Commission using the following
e-mail address: planningcommission a(~anaheim.net
H:\docs\clerical\agendas\010906. doc (01 /09/06 )
Page 1
Anaheim Planning Commission Agenda - 2:30 P.M.
Public Comments:
This is an opportunity for members of the public to speak on any item under the jurisdiction of the
Anaheim Planning Commission or public comments on agenda items with the exception of public hearing
items.
Consent Calendar:
The items 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
1A.(a) CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED)
(b) CONDITIONAL USE PERMIT NO. 2871
(Tracking No. CUP2005-05047)
Agent: Ron Sorenson, HGA Inc., 1410 Rocky Ridge Drive,
Suite 250, Roseville, CA 95661
Location: 2323 West Broadwav: Property is approximately 6.5
acres, having a frontage of 454 feet on the north side of Broadway and
is located 860 feet east of the centerline of Gilbert Street (Cornelia
Connelly High School)
Request a retroactive time extension to comply with conditions of Project Planner:
approval for apreviously-approved gymnasium in conjunction with an (I<wong@ananeim.net)
existing private educational institution. Q. S. 33
Minutes
1B. Receiving and approving the Minutes from the Planning Commission
Meeting of November 14, 2005. (Motion)
Continued from the November 28, and December 12, 2005, Planning
Commission meetings.
1C. Receiving and approving the Minutes from the Planning Commission
Meeting of November 28, 2005. (Motion)
Continued from the December 12, 2005, Planning Commission meeting.
1D. Receiving and approving the Minutes from the Planning Commission Request for
Meeting of December 12, 2005. (Motion) continuance to
January 23, 2006
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Page 2
Public Hearing Items:
2a. CEQA NEGATIVE DECLARATION
2b. WAIVER OF CODE REQUIREMENT
2c. CONDITIONAL USE PERMIT NO. 2005.05045
2d. DETERMINATION OF PUBLIC CONVENIENCE OR
NECESSITY NO. 2005-00023
Owner: Interpacific Asset Management, Richard Farms Trust, 5505
Garden Grove Boulevard, # 150, Westminster, CA 92683
Agent: Milestone Management, 21196 Jasmines Way, Lake
Forest, CA 92630
Location: 2011 East La Palma Avenue: Property is approximately 9
acres, located north and east of the northeast corner of
State College Boulevard and La Palma Avenue.
Conditional Use Permit No. 2005-05045 -Request to permit a
pharmacy with adrive-through and accessory sales of alcoholic
beverages for off-premises consumption with waiver of maximum letter
height for wall signage.
Determination of Public Convenience or Necessity No. 2005-00023 -
To permit sales of alcoholic beverages for off-premises consumption
within a proposed pharmacy.
Continued from the December 12, 2005, Planning Commission meeting. Project Ptanner
(dhemck(o~anaheim. net)
Conditional Use Permit Resolution No. Q.S. 101
Public Convenience and Necessity Resolution No.
3a. CEQA NEGATIVE DECLARATION Request continuance to
3b. WAIVER OF CODE REQUIREMENT January 23, 2006
3c. CONDITIONAL USE PERMIT NO. 2005-05031
Owner: Mark Ghassemi, 301 East Ball Road, Anaheim, CA 92805
Agent: Patrick Anderson, 16022 Aria Circle, Huntington Beach, CA
92649
Location: 301 East Ball Road: Property is approximately 0.93-acre.,
having a frontage of 150 feet on the north side of Ball Road
and is located 333 feet east of the centerline of Technology
Drive (Ollin International, Inc.).
Request to permit and retain an existing outdoor storage area and to
install an overhead crane to load trucks with slab materials in conjunction
with an existing wholesale building material (stone) distribution business
with waiver of minimum number of parking spaces.
Continued from the October 31, November 14, and December 12, 2005, Project Planner.
Planning Commission meetin
s (ioramlreznanaheim net)
g
.
Conditional Use Permit Resolution No. Q.S. 86
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4a. CEQA CATEGORICAL EXEMPTION -CLASS 1 AND 15 Request continuance to
4b. TENTATIVE TRACT MAP NO. 16958 January 23, 2006
Owner: Anaheim Hotel Partnership, LCP, 777 Convention Way,
Suite 110, Anaheim, CA 92802
Agent: Kelly Carlyle, Psomas, 3187 Red Hill, Suite 250, Costa
Mesa, CA 92626
Location: 777 Convention Wav: Property is approximately 8.5
acres, located at the northwest corner of Hotel Way and
Convention Way (Anaheim Hilton).
Request to establish a 1-lot, airspace hotel subdivision for investment Project Pfannen
purposes. (cflor'es(~anaheirn. n etl
Q.S. 77
Continued from the December 12, 2005, Planning Commission meeting.
Sa. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED)
5b. CONDITIONAL USE PERMIT NO. 4073
(Tracking No. CUP2005-05051)
Owner: Limited P. Harlo-Kinder, 9808 Pangborn Avenue, Downey,
CA 90240
Agent: Sun H Ko, Golden Pain Control, 2054 South Euclid Street,
Anaheim, CA 92802
Location: 2054 South Euclid Street. Unit H: Property is
approximately 2.43 acres located at the northeast corner of
Orangewood Avenue and Euclid Street (Golden Pain
Control).
Request for reinstatement of this permit by the modification or deletion of
a condition of approval pertaining to a time limitation (approved January
17, 2001 to expire January 3, 2006`) to retain an acupressure (massage)
facility and to amend** a condition of approval pertaining to hours of
operation.
Project Planner:
'Advertised as January 6 "Advertised as "delete" (jnizon@anaheim.net)
Conditional Use Permit Resolution No. Q.S. 47
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Page 4
6a. CEQA CATEGORICAL EXEMPTION - CLASS 1
6b. CONDITIONAL USE PERMIT NO. 2670
(tracking No. CUP2005.05048)
Owner: Beatrice Quintero, EI Patio Restaurant, 1750 West La
Palma Avenue, Anaheim, CA 92805
Agent: David M. Swerdlin, Swerdlin & Associates, 31125 Via
Cristal, San Juan Capistrano, CA 92675
Location: 1750 West La Palma Avenue: Property is approximately
1.12 acres located at the southeast corner of La Palma
Avenue and Mohican Avenue (EI Patio Restaurant).
Request to amend a condition of approval pertaining to hours of operation
for apreviously-approved semi-enclosed restaurant with the sale of
alcoholic beverages for on-premises consumption. Project Planner
(a Vazquez@anaheim. nei)
'Advertised as "on-premises consumption and a public dance hall".
Q.S. 45
Conditional Use Permit Resolution No.
7a. CEQA NEGATIVE DECLARATION
7b. WAIVER OF CODE REQUIREMENT
7c. CONDITIONAL USE PERMIT NO. 2005-05042
Owner: Turner Anaheim LLC, 1500 Quail Street, Suite 150,
Newport Beach, CA 92660
Agent: Word of Faith, 13451 Pinenut Path, Corona, CA 92880
Location: 1251 North Manassero Street. Suites 403 and 404:
Property is approximately 8.1 acres located at the
northwest corner of La Palma Avenue and Manassero
Streel. Pro%ect Planner.'
(dherrick@anaheim. nett
Request to establish a church in an existing industrial/office complex with
waiver of minimum number of parking spaces. Q.S. 166
Conditional Use Permit Resolution No.
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Page 5
8a. CEQA NEGATIVE DECLARATION
8b. RECLASSIFICATION NO. 2005-00172
Sc. CONDITIONAL USE PERMIT NO. 2005-05052
8d. TENTATIVE TRACT MAP NO. 16974
Owner: Manasseh Bareh, 1934 Newport Boulevard, Costa Mesa,
CA 92627
Location: 648 South Magnolia Avenue: Property is approximately
0.41-acre having a frontage of 75` feet on the east side of
Magnolia Avenue and is located 335 feet south of the
centerline of Westhaven Drive.
:4dvertised as 85 feet offrontage on Magnolia Avenue
Reclassification No. 2005-00172 -Request to reclassify the property
from the T (Transition) zone to the RM-3 (Residential, Multiple-Family)
zone or less intense zone.
Conditional Use Permit No. 2005-05052 -Request to construct a 7-unit
semi-attached residential condominium complex.
Tentative Tract Map No. 16974 - To establish a 1-lot, 7-unit semi-
attached single-family residential condominium subdivision.
Reclassification Resolution No.
Conditional Use Permit Resolution No.
H:\d ocs\cl erica I\ag en d a s\010906. d oc
Project Planner:
(jramirezQanaheim.oet)
Q.S. 20
(01 /09/06)
Page 6
9a. CEQA NEGATIVE DECLARATION
9b. GENERAL PLAN AMENDMENT NO. 2005-00439
9c. RECLASSIFICATION NO. 2005-00168
9d. WAIVER OF CODE REQUIREMENT
9e. CONDITIONAL USE PERMIT NO. 2005-05046
9f. TENTATIVE TRACT MAP NO. 16932
Owner: Property Reserve Inc., Attn: Mark Gibbons, 5 Triad Center,
Suite 650, Salt Lake City, Utah 84180
Agent: Jackie Rodarte, The Olson Company, 3020 Old Ranch
Parkway, Suite 400, Seal Beach, CA 90740
Location: 1731 Medical Center Drive: Property is approximately 2.5
acres, having a frontage of 462 feet on the north side of
Medical Center Drive and is located 587 feet west of the
centerline of Euclid Street.
General Plan Amendment No. 2005-00439 -Request to redesignate
the property from the Public Institutional land use designation to the Low-
Medium Density Residential land use designation.
Reclassification No. 2005-00168 -Request to reclassify the property
from the C-G Commercial (General Commercial) zone to the RM-3
(Residential, Multiple-Family) zone or less intense zone.
Conditional Use Permit No. 2005-05046- Request to permit a 32-unit,
single-family attached residential condominium project with waivers of (a)
permitted encroachments into required street setback and (b) minimum
distance of monument sign from public right-of-way.
Tentative Tract Map No. 16932 -Request to permit a 1-lot, 32-unit
airspace attached residential condominium subdivision.
General Plan Amendment Resolution No.
Reclassification Resolution No.
Conditional Use Permit Resolution No.
H :ldocs\cle rica Ilagen d as\010906. d oc
Project Planner:
(dhemck@anaheim. net)
Q.S. 44
(01 /09/06 )
Page 7
10a. CEQA MITIGATED NEGATIVE DECLARATION
10b. VARIANCE NO. 2005-04655
10c. TENTATIVE PARCEL MAP NO. 2005-157
Owner: Gary Calkins Trust, 6263 East Trail Drive, Anaheim, CA
92807
Agent: Steve Ellis, 4742 Yorba Lane, Yorba Linda, CA 92886
Location: 6263 East Trail Drive: Property is approximately 3.2 acres
having a frontage of 47 feet at the terminus of Trail Drive
and is located 145 feet west of the centerline of Whitestone
Drive.
Variance No. 2005-04655 -Request waivers of (a) maximum structural
height, (b) maximum retaining wall height and (c) lot frontage on a public
or private street toconstruct asingle-family residence.
Tentative Parcel Map No. 2005-157-To establish a 2-lot, 2-unit
detached single-family residential subdivision.
Variance Resolution No.
Request continuance to
January 23, 2006
Project Planner:
(avazquez@anaheim. nel)
Q.S. 197
Adjourn To Monday, January 23, 2006 at 1:00 P.M. for
Preliminary Plan Review.
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Page 8
CERTIFICATION OF POSTING
I hereby certify that a complete copy of this agenda was posted at:
10:00 a.m. January 6, 2006
{TIME) (DATE)
LOCATION: COUNCIL CHAMBER DISPLAY CASE AND
/~ COUN/CyIL,D,I/S~PLAY,KI(OSK
SIGNED: S4'~L2+°f.e,/ n~~ l~r^-C.~.I~
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 TO CITY COUNCIL FROM PLANNING COMMISSION ACTION
Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use
Permits and Variances will be final 22 days after Planning Commission action and any action regarding
Tentative Tract and Parcel Maps will be final 10 days after Planning Commission action unless a timely
appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied
by an appeal fee in an amount determined by the City Clerk.
The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing
before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing.
ANAHEIM 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 no later than 10:00 a.m.
on the Friday before 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.
H:\dots\clerical\agendas\010906.doc (01 /09/06)
Page 9
SCHEDULE
2006
January 23 1
February 6
February 22 (Wed)
March 6
March 20
April 3
April 18
May 1
May 15
May 31 (Wed)
June 12
June 26
July 10
July 24
August 7
August 21
September 6 (Wed)
September 18
October 2
October 16
October 30
November 13
November 27
December 11
December 27 (Wed)
H:\dots\clerical\agendas\010906.doc (01 /09/06)
Page 10
ITEM NO. 1A
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Conditional Use .Permit No. 2871 Subject Property
TRACKING NO. CUP2005-05047 Date: January 9, 2006
Scale: 1" = 200'
Requested By: RON SORENSON Q.S. No. 33
REQUEST FOR A RETROACTIVE TIME EXTENSION TO COMPLY WITH CONDITIONS OF APPROVAL
FOR APREVIOUSLY-APPROVED GYMNASIUM IN CONJUNCTION WITH AN EXISTING PRIVATE
EDUCATIONAL INSTITUTION.
2323 West Broadway -Cornelia Connelly High School
2137
RM-L (Ol.l.)
RCL 2093-99095
RCL 2093-09093
RCL 98-99-11
RCL 62E3-2B
T-CUP 2905-05034
T-CUP 2003-04776
I CUP 2003-04fi81
CUP 3429
GUP 307
T-VAR 2905-D4fi60
VAR 4941
LN 82 OU
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RCL 71-72-02 (1)~
RCL 71-72-04
(Res of lntenl t9 CL)
APARTMENTS
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TRANSIT AVENUE
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p ~ p T-CUP 2004-04872 l"" _ RM-4
U VAR 2277 ~ APARTMENTS
PRIVATE SCHOOL
RM-2 BCC
RCL 20 1-0063
RCL 96-99-11
RCL 62-63-28
T-CUP 2095-05934
T-VAR 2005-04660
VAR 4041
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City of Anaheim
hLANNING D~PAI2TIVI~IVT
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43- ~ January 9, 2006
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HGA Inc.
Attn: Ron Sorenson
1410 Rocky Ridge Drive, Suite 250
Roseville, CA 95661
Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of
January 9, 2006.
1. REPORTS AND RECOMMENDATIONS:
A. (a) CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED)
(b) CONDITIONAL USE PERMIT NO. 2871
(Tracking No. CUP2005-05047)
Agent: Ron Sorenson, HGA Inc.., 1410 Rocky Ridge Drive, Suite 250
Roseville, CA 95661
Location: 2323 West Broadway
Requests a one (1) year retroactive extension of time to comply with conditions of approval
for apreviously-approved gymnasium in conjunction with an existing private educational
institution.
ACTION: Commissioner XXX offered a motion, seconded by Commissioner XXX and
MOTION CARRIED, that the Anaheim Planning Commission does hereby determine that the
previously-approved Negative Declaration is adequate to serve as the required environmental
documentation for subject request.
Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION
CARRIED, that the Anaheim Planning Commission does hereby approve the request for a
one (1) year retroactive extension of time to expire on September 20, 2006, based on the
finding that (a) this is the first request for a time extension and Code permits a maximum of
two requests for extension of time to comply with conditions of approval, (b) the property has
been maintained in a safe, clean and aesthetically pleasing manner with no outstanding code
violations affecting this property, (c) there is no information or changed circumstances which
contradict the facts necessary to support one or more of the required findings for approval of
Conditional Use Permit No. 2671, and (d) although the project is not consistent with the Low-
Medium Density Residential land use designation of the General Plan, the resolution
approving the General Plan and Zoning Code Update exempts approved projects provided a
time extension is granted by the approval authority.
Sincerely,
Eleanor Morris, Senior Secretary
Anaheim Planning Commission
Cu p2005-05047k1w_Exe rp t.doc
200 Saulh Anaheim Boulevard
P.0. Bex 3222
Anaheim, Calilornia 92903
~n:w anahenn nei TEL (714)765-5139
Attachment - R&R 1-A
MEMORANDUM
CITY OF ANAHEIM
Connrurnity Preservation Division
DATE: December 7, 2005
TO: Kimberly Wong, Planning Aide
FROM: Chris Martel, Community Preservation Officer
SUBJECT: Retroactive time extension CUP2871 Case No. CUP2005-05047
On December 7, 2005, I conducted an inspection at the property located at 2323 W. Broadway to
request a retroactive time extension for a previously approved gymnasium in conjunction with an
existing private educational institution. The property is being maintained extremely well and
recently underwent extensive landscaping improvements at the entrance located on the South
side
A check of Community Preservation records revealed there were no prior violations regarding
the above listed property.
If you have any further questions please feel free to contact me at ext 4476.
Attachment - R&R 1-A
RESOLUTION NO. PC2004-106
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION'
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2871 BE GRANTED '
(2323 WEST BROADWAY)
WHEREAS, on January 5, 1987, Resolution No. PC87-05 was adopted by the Anaheim
City Planning Commission: to approve Conditional Use Permit No. 2871 for an expansion to an existing
private educational institution; and
WHEREAS, the petitionerhas requested to amend previously-approved exhibits to
construct a gymnasium in conjunction with the existing school
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 asi
ALL THAT CERTAIN LAND SITUATED IN SECTION 18, TOWNSHIP 4 SOUTH, RANGE
10 WEST, IN THE RANCHO LOS COYOTES; AS SHOWN ON A MAP RECORDED IN
BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LIEN OF THE NORTHWEST QUARTER OF
THE NORTHEAST QUARTER OF SECTION: 18, TOWNSHIP 4 SOUTH; RANGE. 10`'
WEST, S:B.B. & M. NORTH 88° 15" EAST 865.95 FEET FROM THE. SOUTHWEST'
CORNER OF THE NORTHWEST QUARTER OF SAID NORTHEAST QUARTER AND
RUNNING THENCE NORTH 0° 21' 00" WEST 666.49 FEET TO A POINT ON THE
NORTH LINE OF THE: SOUTH HALF OF THE, NORTHWEST QUARTER OF SAID
NORTHEAST QUARTER; THENCE NORTH 88° 58' 07" WEST 230.60 FEET FROM THE
NORTHEAST QUARTER; THENCE SOUTH 0° 18' 10" EAST' 666.50 FEET A POINT ON
THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID NORTHEAST QUARTER
WHICH SAID POINT IS SOUTH 88° 58' 15" WEST 1548.50 FEET FROM THE
SOUTHEAST CORNER'OF THE NORTH HALF OF SAID NORTHEAST QUARTER;
THENCE SOUTH 86° 58' 15" WEST 225.15 FEET TO THE POINT OF BEGINNING. ALL
THAT CERTAIN LAND SITUATED IN SECTION 18; TOWNSHIP 4 SOUTH RANGE 10
WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK
51 PAGES' 10 OF MISCELLANEOUS MAPS';' RECORDS"'OF ORANGE COUNTY;
'CALIFORNIA; DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH
LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST OF THE NORTHEAST
QUARTER OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 10 WEST, S.B.B & M.
NORTH 88° 58'15" EAST'1091.i0 FEET FROM THE SOUTHWEST QUARTER OF SAID"
NORTHEAST QUARTER AND RUNNING THENCE NORTH 0° 18' 10" WEST 666.50
FEET TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF THE NORTHWEST
QUARTER OF SAID NORTHEAST QUARTER; THENCE NORTH 86° 58' b7" EAST
230.60 FEET TO THE'NORTHEAST CORNER OF THE SOUTH HALF OF THE
NORTHWEST QUARTER OF SAID NORTHEAST QUARTER; THENCE SOUTH 0° OB'
25" EAST 666.51 FEET TO THE SOUTHEAST CORNER OF THE SOUTH HALF OF THE
NORTHWEST QUARTER OF SAfD NORTHEAST QUARTER{ THENCE SOUTH 88° 56'
15" WEST 228.70 FEET TO THE POINT OF BEGINNING.
Cr\PC2004-106 -1- PC2004-106
(TRACKING NO. CUP2004-p4872J
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City
of Anaheim on August 4?, 2004 at 1:30 p.m., notice of said public hearing having been duly given as '
required by law and in ar:ccordance with the provisions of the Anaheim Municipal Code, Chapter
18.66.040.030, to hear and consider evidence for and against said proposed conditional use permit and to
investigate and make findings and recommendations in connection therewith; and that said public hearing
was continued to the August 23 and September 20, 2004 Planning Commission meetings; 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:
L That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.14.030.040.0402, to construct a new gymnasium in conjunction with
an existing private educational institution with waiver of the following:
SECTION NO. 16.40.040.040
Maximum structural heioht adiacent to a
residential zone boundary 1( 2.5 feet permitted;
1313=30 feet proposed)
2. That thereare special circumstances applicable to the properly such as size, shape,
topography, location or surroundings, which do not apply to other identically zoned properties in the vicinity,
as a survey of the site indicated that along the easterly property line adjacent to existing multiple family
dwellings, the new structure would be immediately adjacent to an approximately thirty (30) foot wide
driveway. Additionally, the nearest building on the adjacent property has no windows facing the school
property. Because the property is adjacent to7esidential on both the ndrtRand east property lines, an'
undue burden is created as a result of the size of the property relative TO the existing site configuration;
and
3. .That strict application of the Zoning Code deprives the property of privileges enjoyed by
other properties in identical zoning classification in the vicinity in that staff surveyed nearby properties.
comparable in size and identified the Ralph's Shopping Center at the southeast comer of Lincoln Avenue
and Gilbert Street has a structure similar in height and mass to the proposed gymnasium approximately
forty feet from the adjacent residential zone boundary. There is an existing garagelstorage structure.
adjacent to both the north and east property tines, and an existing carport approximately four (4) feet from
the east property line. Both of these structures exceed the height limit and are situated much closer to the
property line than the proposed location of the new gymnasium. The new building would be only thirteen
feet in height at its closest point along the north elevation, and then increase to thirty feet in heighEat a
distance of thirty-eight feet from the property line. Along the easterly property line adjacent to existing,
multiple family dwellings, the new structure would be immediately adjacent to an approximately thirty (30)
foot wide driveway; and
4. That the proposed use is property one for which a conditional use permit is authorized by
the Zoning Code; and
5. That the proposed use will not adversely affect the adjoining land uses or the growth and
development of the area in which it is proposed to be located as the new building would be only thirteen
feet in height at its closest point along the north elevation, and then increase to thirty feet in height of"a
distance of thirty-eight feet from the property line. Along the easterly property line adjacent to existing
multiple family dwellings, the new structure would be immediately adjacent to an approximately thirty (30)
foot wide driveway; and
6. 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 or to the health and
safety;
-2- PC2004-106
7. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area as the proposed gymnasium is
accessory to the school facilities and would not be utilized concurrently with other assembly facilities on
site; and
8. That the granting of the conditional use permit under the conditions imposed, if any, will`nol
be detrimental to the health and safety of the citizens of the City of Anaheim.
9. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to construct a new gymnasium in conjunction with an
existing private educational institution with waiver of maximum structural height adjacent to a residential
zone boundary; and does hereby approve the Negative Declaration upon finding that the declaration
reflects the independent judgment of the lead agency and that it has considered the Negative Declaration
together with any. comments received during the public review process and further finding on the basis of
the initial study and any comments received that there is no substantial evidence that the project will have a
significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby amend in its entirety, the conditions contained in Resolution No. PC87-05 to read as follows:
1. That the hours of operation of the facility shall be limited from 7 am to 11 pm.
2. That the enrollmenfof the school shall be a maximum of 320 students and staff shall consist of a
maximum of 40 teachers and administrators.
3. That the gymnasium shall not be used concurrently with the existing auditorium for special events or
assembly uses (with the exception of the art room for regular class schedules)..
4. That 24-inch box sized broad-headed evergreen trees spaced 20 feet on center shall be planted within
the side and rear setback areas adjacent to the proposed gymnasium to include 10 trees along the
north property line and 11 trees along the east property line. Said information shall be specifically
shown ohplans submitted for building permits:
5. That the existing block wall along the east property line be increased to a height of six (6) feet as
required by code. Said information shall be specifically shown oh plans submitted for building permits.
6. That [he property owner shall install and maintain decorative wrought iron gates between the
proposed gymnasium and the north and east property lines to secure the rear and side yard areas
adjacent to the newbuildng: Said infdrmation shall be specifically showhnn plans submitted for
building permits.
7. That the setback areas along [he north and east property lines shall be equipped with lighting to the
satisfaction of the Police Department. Said lighting shall be directed, positioned and shielded in such
a manner so as not to unreasonably illuminate the windows of nearby residences. Said information.
shall be specifically shown on plans submitted for building permits.
8. That all plumbing downspouts, ladders and/or other similar pipes and fixtures located on the exterior
of the building shall be integrated into the architecture of the building. Said information shall be'
specifically shown on the plans submitted for building permits.
-3- PC2004-106
9. That the installation of streetlights as determined by the Public Utilities Department, Electrical
Engineering Aivision or a bond in lieu of such work shall be posted prior to occupancy. "'""`
10. That if required to serve the building, the legal owner of subject property shall provide the. City of
Anaheim with a public utilities easement across the property to be determined as electrical design is
completed.
11. That any required relocation of City electrical facilities shall be at the developer's expense. Landscape
and/or hardscape screening of all pad-mounted equipment shall be required and shall be shown on
plans submitted for building permits.
12. That the legal property owner shall submit an application for a Subdivision Map Act Certificate of
Compliance to the Public Works Department, Development Services Division for the parcel on which
the proposed building is located. A Certificate of Compliance or Conditional Certificate of Compliance
shall be approved by the City Engineer and recorded in the Office of the Orange County Recorder.
prior to issuance of a building permit.
13. That prior to the issuance of grading permit, the applicant shall submit to the Public Works Department
Development Services Division for review and approval a Water Quality Management Plan that:
• Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas,
maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero
discharge" areas, and conserving natural areas:.
Incorporates the applicable Routine Source Control BMPs°as defined in the Drainage Area
Management Plan.
Incorporates Treatment Control BMPs as defined in the DAMP.
Describes the long-term operation and maintenance requirements for the Treatment Control BMPs.
• Identifies the entity that will be 7esponsible for long-term bperation and maintenance bf the Treatment
Control BMPs, and describes the mechanism for funding the long-term opera6oh'and maintenance of
the Treatment Control BMPs.
14. That prior to issuance of a certificate of occupancy, the applicant shalli
+ Demonstrate that all`sWc[ural BMPs described in the Project WQMP have been consthicted and
installed inbonformance with approved plans and specifications:
Demonstrate that the applicant is prepared to implement all non-structural BMPs described ih the
Project WQMP
Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite.
+ Submit for review ahd approval by the City an Operation and Maintenance Plan for all structural
BMPs.
15. That the property shall be permanently maintained in an orderly fashion by providing regular
landscape maintenance, removal of trashbr debds, and removal of graffiti within twenty-four (24)
hours from time of occurrehce.
16. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased andlbr dead.
17. That plans shall be submitted to the City Traffic and Transportation Manager for his review and
approval showing conformance with the current version of Engineering Standard Plan Nos. 436 and
470 pertaining to parking. standards and driveway locations. Subject property shall thereupon be
developed and maintained in conformance with said plans.
18. That trash storage areas shall be provided ahd maintained in a location acceptable to the Public
Works Department, Streets and Sanitaticn Division and in accordance with approved plans on file with
-4- PC2004-106
said Department: Said storage areas shall be designed, located and screened so as not to be readily
identifiable from adjacent streets or highways. Said information shall be specificallyshown on the
plans submitted for building permits.
19. That a plan sheet for solid waste storage and collection and a plan for recycling shall tie submitted to
the Public Works Department, Streets and Sanitation Division for review and approvat:
20. That the location of the trash enclosure shall be reviewed and approved by the Public Works
Department, Streets and Sanitation Division, for safety and the on-site trash truck turnaround.
21. That four (4) foot high street address numbers shall be displayedbn the roof of the building in a color
that contrasts with the roof material. The numbers shall not be visible to the adjacent streets or
properties. Said information shall be specifically shown on the plans submitted for building permits.
22. That all backflow equipment shall be located above ground and outside the street setback area in a
manner fully screened from all public streets. Any backflow assemblies currently installed in a vault
shall bebrought up to current standards. Any other large water system equipment shall be installed to
the satisfaction of the Water Engineering Division in either underground vaults or outside the street
setback area in a manner fully screened from all public streets. Said information shall be specircally
shown on plans submitted to the Water Engineering and Cross Connection Control Inspector for
review and approval
23. That all requests for new water services or fire lines, as well as any modifications, relocations, or
abandonment of existing water services and fire lines, shall be coordinated through the Water
Engineering Division of the Anaheim Public Utilities Department.
24. That because this project has a landscapirtg area exceeding 2,500 square feet; a separate irrigation
meter shall be installed in compliance with Chapter 10,19 (Landscape Water Efficiency) of Anaheim
Municipal Code and Ordinance No. 5349 regarding water conservation. Said information shall be
specifically shown on the plans submitted for building permits.
25. That all existing water services and fire Tines shall conform to current Water Service Standards
Specifications. Any water service or fire line that does not meet current standards shall be upgraded if
continued use is necessary or abandoned if the existing service is no longer needed: The
owner/developer shall be responsible for the cost to upgrade or to abandon any waterservice or fire
line.
26: That the subject prdperty hall be developed substahtially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans ate'dn file with the Planning
Department marked Exhibit Nos. 1, 2, 3, 4, and 5, and as conditioned herein:
27. That doors facing the residential area to the north and east shall remain closed at all times but
unlocked for emergency access.
28. The only church activities that shall occur on [he property are those that are accessory to the private
high school..
29. That the applicant shall pay a sewer impact mitigation fee far the combined West Anaheim area. The
fee is currently $52/$1,000 square feet of gross floor area.
30. That prior to issuance of a building permit for the first tenant space or within a period of one (1) year
from the date of this resolution, whichever occurs first, Condition Nos. 4, 5, 8, 7, 8, 10, 11, 12, 13, 17,
18, 19, 20, 21, 22, 24 and 29, above-mentioned, shall be complied with. Extensions for further time to
complete said conditions may be granted in accordance with Chapter 18.60 of the Anaheim Municipal
Code.
-5- PC2004-106
31. That prior to final building and zoning inspections, Condition Nos. 9, 14 and 26, above-mentioned,.
shall be complied with. , '-
32. That approval of this application constitutes approval of the proposed request only to the, extent that it
complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal
regulaticns. 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 finial 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
September 20, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60,
"Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be
replaced by a City Council Resolution in the event of an appeal
CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION
ATTEST.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pa[ Chandler, 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 September 20, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS.
NOES: COMMISSIONERS
ABSENT: COMMISSIONERS
tN WITNESS Wf
2004.
BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT-LINARES
VELASOUEZ
NONE;
NONE
iEREOF, I have hereunto set my hand this day of
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-6- PC2004-106
ITEM NO. 2
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Conditional Use Permit No. 2005-05045 Subject Property
Determination of Public Convenience or Necessity No. 2005-00023 Date: January 9, 2006
Scale: 1" = 200'
Requested By: INTERPACIF IC ASSET MANAGEMENT Q.S. No. 111
CONDITIONAL USE PERMIT NO. 2005-05045 -REQUEST TO CONST RUCT A PHARMACY WITH A
DRIVE-THROUGH AND ACCE SSORY SAL ES OF ALCOHOLIC BEVERAGES FOR OFF-PREMISES
CONSUMPTION WITH WAIVE R OF MAXIMUM LETTER HEIGHT FOR WALL SIGNAGE.
DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2005-00023 - TO PERMIT SALES
OF ALCOHOLIC BEVERAGES FOR OFF-P REMISES CONSUMPTION WITHIN A PROPOSED PHARMACY.
2011 East La Palma Avenue z97s(2DO6-1-0)
Date of Aerial Pholo: May 2002
Conditional Use Permit No. 2005-05045
Determination of Public Convenience or Necessity No. 2005-00023
Requested By: INTERPACIFIC ASSET MANAGEMENT
Subject Property
Date: January 9, 2006
Scale: 1" = 200'
Q.S. No. 111
CONDITIONAL USE PERMIT NO. 2005-05045 -REQUEST TO CONSTRUCT A PHARMACY WITH A
DRIVE-THROUGH AND ACCESSORY SALES OF ALCOHOLIC BEVERAGES FOR OFF-PREMISES
CONSUMPTION WITH WAIVER OF MAXIMUM LETTER HEIGHT FOR WALL SIGNAGE.
DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2005-00023 - TO PERMIT SALES
OF ALCOHOLIC BEVERAGES FOR OFF-PREMISES CONSUMPTION WITHIN A PROPOSED PHARMACY.
2011 East La Palma Avenue
zo~slzoos-i-s>
Staff Report to the
Planning Commission
January 9, 2006
Item No. 2
2a. CEQA NEGATIVE DECLARATION (Motion)
2b. WAIVER OF CODE REQUIREMENT (Motion)
2c. CONDITIONAL USE PERMIT NO. 2005-05045 (Resolution)
2d. DETERMINATION OF PUBLIC CONVENIENCE (Resolution)
OR NECESSITY NO. 2005-00023
SITE LOCATION AND DESCRIPTIONi
(1) This irregularly-shaped, 9.0-acre property is located north and east of the northeast corner
of State College Boulevard and La Palm Avenue with frontages of 460 feet on the east side
of State College Boulevard and 540 feet on tfie north side of La Palma Avenue (2011 Easf
La Palma Avenue).
REQUEST:
(2) The applicant requests the following actions:
(a) ConditionalUse Permit No: 2005-05028 to permits pharmacy with drive-through.
and accessory sales of alcoholic beverages for off-premises consumption under
authority of Code Section No. 18.08.030.040.0402 with waiver of:
SECTION NO. 18.44.1.10.010.0103 .Maximum Letter Heioht for WaII Signage
(24 inches permitted:. 30 to 42-inches
proposed for the CVS logo)
(b) Determination of Public Convenience or Necessity No. 2005-00023 to permit
sales ofalcoholic beverages for off-premises consumption in conjunction with a
proposed pharmacy.
..BACKGROUND:
(3) This item was continued from the December 12, 2005, Commission meeting, to allow
the applicaht time to work with staff to address: relocation of the trash enclosure and
compactor away from La Palma Avenue and to provide additional landscaping
adjacent to the building.
(4) This property is developed with a commercial retail shopping center, restaurant and drive
through fast food restaurant and is zoned C-G (General Commercial). The Anaheim
General Plan designates this property for Neighborhood Commercial land uses.
Surrounding properties to the north'and south (across La Palma Avenue) are also
designatetl for Neighborhood Commercial land Lses, to the east for Medium Density
', Residential lahd'uses and to west (across State College Boulevard) for General
Commercial land uses.
PREVIOUS ZONING ACTIONS:
(5) The following zoning actionspertain to thisproperty:
(aj Conditional Use :Permit No. 2003-04742 (to permit adrive-through restaurant with
waiver of minimum number of parking spaces 827 required; 480 proposed) was
approved by the City Council on November 4, 2003 (1092 N. State College Boulevard
- Wendys).
sr-cup2005-05045dhfinal.doc
Page 1
Staff Report to the
Planning Commission
January 9, 2006
Item No. 2
(b) Conditional Use Permit No. 2001-04451 (to permit a restaurant with public
', entertainment and on-premise sale and consumption of alcbnblic beverages with -
- waiver of minimum number of parking spaces) was approved by tfie Planning
Commission on November 5, 200E
(c) Conditional Use Permit No: 2001-04433 (to establish land use conformity with existing
Zoning Code land use requirements for an existing commercial retail center,
laundromat and liquor store and to permit a convenience market) was approved by the
Commission on September 10, 2001: This permit was amended to allow off-sale beer
and wine within tfie convenience market.: '
(d), Conditional Use Permit No. 3642 (to retain a restaurantlnightclub expansion including
a public dance half with on-premise sale and consumption of alcoholic beverages and.
waiver of minimum number of parking spaces) was approved by Planning Commission
oh November 1 1993, for a period of one year until 1994: On December 12, 1994, the
Commission approved aone-year time extension until November 1, 1995. On
January 22, 1996, the Commission approved atwo-year time. extension until
November 1, 1998 On December 2, 2002, the Commission approved an extension
`until: November 5; 2006, (1084; 1084-A; 1086-A North State College Boulevard - J.C.
Fandango).
(e) Conditional Use Permit No. 2608 (to permit on-sale alcohol in`a proposed restaurant
and cocktail lounge with waiver of minimum number of parking spaces) was approved
by City Council on October 18;` 1984, following approval by the Planning Commission
on Augusf2Q, 1984 (1086-A North State College Boulevard.-J.C: Fandango).
(f) 'Conditional Use Permit No:1947 (to permit on-premise sale and consumption of
alcoholic beverages and waiver of minimum number of parking spaces) was approved
by Planning Commission on April 23, 1979 (2011 E: La Palma Avenue = Stuart
Anderson's Black Angus).
(g) Conditional Use Permit No: 1685 (to permit on-premise sale and consumption of beer.
and wine ircan existing restaurant) was approved by Planning Commission onJanuary
31, 1977, for a period of 5 years. A time extension was approved by the Planning
commission on February 8; 1982,. tc expire on January 31 1987. No further extension
hasbeenrequested (1046 N: State College Boulevard -formerly Sun's Chinese
Restaurant).
(h) Conditional Use Permit No. 1855 (to permit on-premise sale and consumption of beer
and wine in a proposed restaurant) was approved by the Planning Commission
September 27, 1976 (1060 N.`"state College Boulevard formerly Angelo's Pizza
Restaurant).
(i) ,Variance No. 2037 (to waive the permitted uses to permit a retail tire, battery and
accessory store) was approved by City Council on January 28, 1969, following
approval by he Planning Commission on December 18, 1968.
(j) Variance No. 1912 (tc permit a freestanding sign with waiver of minimum distance
between free-standing signs 300 feet separation required; 270 feet approved) was
approved by Planning Commission on August 28, 1967. This variance pertains to the
existing freestanding signage on State College Boulevard frontage.
Page 2
The site plan indicates the proposed drive-through lane would be located along the south
side of the building, setback 23 feet from the property line and visible to La Palma Avenue..
Page 3
Staff Report to the
Planning Commission
January 9, 2006
Item No. 2
Entry to the drive-through lane would occur from the parking lot to the north bf the proposed
pharmacy. Piahs propose a length of 160 feet from the drive-through entrance to the pick
up window. Code requires that drive-through tapes be located`outside the minimum
landscaped setback and that lanes have a minimum distance of one hundred' (100) feet
between the start of said lane ahd the service window orarea. `The revised'site plan
indicates the trash ehctosure and compactor have been moved from the east side of
the building (facing La Palma Avenue) to the north side of the building (facing the
parking lot).
(8) Vehicular access to the site would tie provided via one (1) existing 30-foot wide driveway
from La Palma Avenue. ,The proposed pharmacy requires 71 parking spaces and the
entire commercial center 813 spaces for the entire retail center based on the following:
LOCATION USE/TENANT TOTAL
SQUARE
FEET CODE-
REQUIRED
PARKING RATIO
e[1,000 s.f. PARKING
REQUIRED
1046, 1048 The Reef Tropical Fish
Store 3,370 S.5 18.5
1052 Mariscos Restaurant 1,250 > 16 20
1054 PersdhhelOffice- 1,250 4 5
1056,1058, 1060 Market a 3,750 5.5 20.6.
1062: Mom's and Baby's
Market s 1,250 5.5 6.8
1064, 1068 Jimenez Part Rentals 3,750 5.5 ' 20.6
1070,' Vacant : 1,250 5.5 6.8
1072. ' Vacant:- 4,859 5.5 26.7
1074 Vacant:: 1,400 7 5.5 7.7
1076 Padia Taco Restaurant 1,400 ': 16 ":> 22.4
1078 Beau Salon 1,400 ' S.5 7.7
1080 Laundromat 2,800 5.5 15.4
1084,1084A
&1088 A JC Fandango`Dance
Club 19,186' 17'- 326''
1086 B Just 98 Mart 6,882 5.5 37.8
1086 G Tot Line Staffin 1,584 '? 5.5 8.7
1088 `< Northern Auto Parts = 8,779 ' S.5 48.2
1090 Barber. 900 5.5 ! 4.9
1092 O tometrist 900 ' 6 5.4
1092 Wend s Restaurant 3,245_ 16 51.9
1094. TV & VCR Re airs 900 5.5 4.9
1096 Li uorStore 1,440. 5.5 7.9
1098 Blockbuster Video 5,400 ' - 5.5 29.7
2011 Pro osed CVS Pharmac 12,900 5.5 7b
2120 Good ear Tire 7,000' S.5 ' 38.5
TOTAL 98,247 813
(9) The floor plah for the proposed pharmacy (Exhibit No. 2) indicates a 12,90Osquare-foot
building including a 493 square foot cooler, employee and manager room, pharmacy, film
development center and 8,464 square feet of market display area. The cooler and sales
area devoted to'alcohofdisplay isless than one percent-of the total floor area. Code
Page 4
Staff Report to the
Planning Commission
January 9, 2006.
Item No. 2
requires that the area used for alcohol display not exceed twenty-five (25%) of the retail
sales Floor area of the store. ,
(10) The elevation plans and color rendering (Exhibit No.3) indicate a 30-foot high, single-story
building. containing a Tower Tan colored stucco finish and a 3-foot high ledge stone
treatment ahd`3-foot wide ledge tone columns on each elevation. The plah also indicates
a white cornice trim around the roof area: The main entrance (which faces the interior of the
parking area) includes a tower element which includes windows and red trim surrounding
the glass entry doors:
(11) The elevation and sign plans (Exhibit Nos. 3 and 10) indicate the following signs:
LETTER COAAPLIES
SIGN NUwflBER ' TYPE SIZE HEIGHT AND TEXT LOCATION `i WITH
''CODE
A 2 Wall signs 102 s.f. 42-inches North and Yes for size
(Channel , {CVS) -- West ' ' No for Letter
Letter) Elevatioh' height.'.
24=inches (Pharmacy) for
"CVS"
19'/. inches
(24):
7-inches
(Hours)
7-inches
(Photo Center, Beauty,
Drive-Thou Pftarmac
B 1 c Wall Sign _52 s.f. 30-inches 'South Yes for size
> (Cftannel (CVS) :Elevation No for letter
Letter) Height
' 17'/r-inches for
(Pharmacy) "CVS"
14-inches
(2q)
5-inches
(Hours)
7-inches
(Photo Center, Beauty,
Drive-Thru Pharmac
F 4 Directional 9 s.f. 3 Y: -inches (1) Driveway Complies
Sign (La'Palma` with Code.
DriveThruPharmacy Avenue)(1)
within planter
area
(2)
Do Not Enter Entrance/Exit
Thank You of drive-
throu h lanes
Page 5
Staff Report to the
Planning. Commission
January 9, 2006
Item No. 2
(12) Code allows the totataggregate area of wall signs} affixed to the face of the building to
which such sign(s) are attached to'a maximum of ten perceht(10%) or two hundred (200)
square feet, whichever is less: Code further allows a maximum letter height of 24 inches
for a one story building. The proposed signs meet Code with the exception bf letter height
for."CVS".
(13) The site plan (Exhibit No.1) and landscape plan (Exhibit No. 4) indicate a 15 to 23 foofwide:
landscape planter adjacent to La Palma Avenue and a 5-foofwide landscaped area along
the west property line. The'setback area along La Palma Avenue adjacent to the drive-
through,ianewould contain eighteen (18) Queen Palms; shrubs consisting of New Zealand
Flax and Japanese Privet with Daylities, Natal Plum and Fornight Liliesgroundcover: In
addition, a 3-foot high screening hedge of Indian Hawthorn is proposed along the entire
length of the drive through lahe as required by Code. The landscaped area albng the west
property lihe would contain three (3) Carrotwood trees and the same mix. of shrubs end
groundcover as proposed for the landscaped setback along La Palma Avenue. Code
requires one tree for every 20 lineal feet of street frontage (18 trees on La Palma Avenue)
ahd fast growing shrubbery occlinging vibes plantedbh 3-foot centers for the trash
enclosure: Code furtheFrequires that at least one (1) tree per 3,000 square feet pf parking
area and/or vehicularaccessways, two (2) trees be distributed throughoufthe parking area
with an average of forty-eighf (48) square feetbf planterarea provided perYequired tree,
and a mihtmum piahter dimensioh' of five (5) feet. The landscape`plans comply with Code.
Revised landscape plans indicate additional landscaping consisting of groundcover
and shrubs (same mix of shrubs and groundcover within the setback area along La
Palma Avenue) within new landscape planters at the north, south and east building
elevations with clinging vinesproposed alottg the south and east building wall
elevations. Staff recommends that clinging vines also be added to the west and
north elevations and further recommends that the landscapfng adjacent to La Palma.
Avenue be bermed to a height of 3-feet to provide additional screening of the drive-
through lane from La Palma Avenue. Staff has added a condition requiring staff
review and approval of a final landscape plan.
(14) The submitted letter of operation indicates that pharmacy would be open up to twenty-four
(24) hours per day seven (7) days a week: In addition to the pharmacy, the new store
would include the sales of scfiool supplies, bosmetics, greeting cards, one-hour photo
processing; and general mercfiandise.',There would also be an ancillary departmeht for
food, sodas, juices, milk; and alcoholic (beerand wine) beverages. The gross floor area
devoted to beer and wine would not exceed ten percent (10%)bf the store's overall gross
flbor area! The store would alsb have a dual drive through lahe pharmacy to facilitate.'
customer "drop off and,!'pickUp"of medical prescriptions. All drive-through interaction'
would be face to face, and would only be utilized for medical prescriptions. The business
would have 4 to 6 employees per shift.
Page 6
H/J/I 2 Channel% 7.75 9-inches Located < Complies
Letter s.f. (Drive thru Pharmacy above the - with Code
FuII Service/Drop-off drive-through
Only) aaneson the"
south acid
7-inches east
(Exit) ' elevatiohs
Staff Report to the
Planning Commission
January 9, 2006
Item No. 2
ENVIRONMENTAL IMPACT ANALYSIS:
(15) Staff has reviewed the proposal and the Initial Study (a copy ofwhich is available for review
in the Planning Department)and finds no significantenvirohmental impact and, tfterefbre,
- recommends that a Negative Declaration be approved upon a finding by the Commission
that the declaration reflects the independent judgment of the lead agency; and that it has
considered the propdsed Negative Declaratioh together with any comments'~eceived during
the public review process and further finding on the basis of the Initial Study and any
comments received hat there is no substantial evidence hat the project will have a
significant effecton the environment
EVALUATION:
(16) The accessory sales of beer and wine for off-premises consumption within a premises
which also sells packaged food products, general household goods and beverages' '
(Markets-SmaIQ with a floor area bf less than 15,000 square feet is permitted within the CG
zone subject to the approval of a conditionalvse permit.
(17) The requested waiver pertains to maximum letter height. Code permits a letter height of 24
inches for buildings 1 to 3 stories in heightrThe proposed pharmacy is 1 story in height
and the letter height. of the waif sign would be 30 to 42 inches far the CVS logo with smaller
letters (17 to 24 inches) for the word "Pharmacy'. THe applicant indicates thaEspecial
circumstances apply o the property that do not apply to otherproperties' in thearea in that
due to the large vertical and horizontal spans of the wali`area to which the>signs are
attached; a 24 inchsign would hot Be easily readable:and would make the signs appear to
be disproportionate with the Building:. A copy of the applicant's'justificattoh for increased
letter height is attached to this staff report. Staff is supportive of the requested waiver for
the CVS logo to exceed the permitted letter height as the design of the sign woultl be
proportionate to the building.
(18) The applicant is requesting retail sales of alcoholic beverages (beer and wine only) for off-
remises consumption in conjunction with a proposed pharmacy.. The Anaheim Police
Department has submitted the attached memorandum dated September 20, 2005, stating
this property is located within Police Reporting District No. 1428, which has a crime rate of
10% above City average (which is not designated as a high crime area defined as 20%
above City average). This property is also located within Census Tract No. 864:02 where
there are currently 4 licenses for retail sales of alcoholic beverages for off-premises
consumption and only 4 off-sale licenses are allowed:
(19) The petitioner has applied for the determination of public convenience or necessity in order
to obtain a Type 20 (Off-Sale Beer and Wine) license. Due to over concentration within the
Census Tract, a determination of public convenience or necessity is required from the City
of Anaheim by the Department of Alcoholic Beverage Control (ABC). The Police
Department does not oppose this request subject to the recommended conditions of
approval:
(20) Although the business would be located within an area of over concentration, the new
pharmacy would provide a variety of retail services. Because this proposal would involve
the termination of one (1) entitlement for on-premise sales and consumption of alcoholic.
beverages and because beer and wine sales would be accessory to the pharmacy and
grocery sales, staff recommends approval of the request to allow for the sale of beer and
wine beverages for off-premises consumption,
Page 7
Staff Report to the
Planning Commission
January 9, 2006
Item No. 2
(21) On July 11, 1995, the Anaheim City Council adopted. Resolution No. 95R-134 establishing.
procedures and delegating certain responsibilities relating to issuance of licenses by the
State Department of Alcoholic Beverage Cbntrol (ABC) with regard to applications fdc
licenses which would otherwisebe denied but for the issue bf whethe(public convenience
dr necessitywduld be served by issuance of the licehse and where the City is respdnsible
under State law to make such determihation, the resolution delegates such'determnations
- to the Planning commission with the right of appeal (or review) by the City Cbuhcil.
(22) Section 23958 of the Business and Professiohs Code provides that ABC deny an
application for a license if issuance of that license would tend to create a law enforcement
problem or if issuance would result in, or add to, an undue concentration of licenses, except
when an application has demonstrated that public convenience or necessity would be'
served by the issuance of a license.
(23) That statement of justification for determihation of publio'convenience or necessity
submitted by the petitioner (attached) indicates the sale of beerahd wine is ancillary
(between three to seven percent) td the overall product miz provided by thestbre, and that.
there are no other drive- through full service drug stores in the area that offer alcoholic
beverages for off-premises consumption: In additibh the applicant has indicated tfiat the:
sale of beer and wine will be controlled by trained staff and thafthere will be surveillance
cameras which are monitored by management to ensure compliahce with'all regulations.
(24) Staff conducted a survey of the area and identified a church (approximately 430 feet south)
of the proposed pharmacy: The surrounding properties' are'multiple-family residential
(approximately 104 feetsouth'and 411 feefeast) ahd single-family residential
(approximately 263 feet south).
.Page 8
Staff Report to the
Planning Commission
January 9, 2006
Item No. 2
sale licenses: (the existing restaurant sells alcoholic beverages fo[ on-premises
consumption) would be eliminated"due to the'demolition'of the restaurant for this new
pharmacy. Staff recommends that a determination of public convenience or necessity be
made and the: request to permit retail sales of beer and wine for off-premises consumption
be approved.
(26) At the December 12, 2005, Commission meeting, members of the Commission
expressed concerns regarding the locationof the trash enclosure and compactor
(visible from La Palma Avenue) and the lack of landscaping'adjacent to the building.
The Commission directed staff towork with the applicant to address these concerns.
and as a result, the site plan hasinodifled'accordingly as described earlier in this
report.
FINDINGSr
(27) When practical difficulties or unnecessary hardships result from strict enforcement of the
Zoning Code, a modification may tie granted for the purpose of assuring. that no property,
because of special circumstances applicable to it, shalfbe deprived of privileges commonly
enjoyed by other properties in the same vicinity and zone. The sole purpose of any waiver
is to prevent discrimination and none shall be approved which would have the effect of
granting a special privilege not shared by other similar properties. !Therefore, tiefore any
waiver is granted by the Commission, it shalllbe shown:?.
(a) That there are special circumstances applicable to the property such as size, shape,
topography, location or surroundings, which do not apply tobther idehtirally 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 Commission grants anyconditional use permit, it must make a finding of fact
that the evidence presented shows that all of the following conditions ezisL
(a) That the use is properly one for which a conditional use permit is authorized by the
Zoning Code, or is`an unlisted use as defined in Subsection .030' (Unlisted Uses:
Permitted) of Section 18.66:040 (Apprbval Authority);
(b) That the use will not adversely affect the adjoining land uses or 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 use inadequate to allow the full
development of the proposetl'use in a manner rtof detrimental to the particular area
orto tfie health and safety; `'
(d) That tfte traffic generated by the use will not impose an undue burdenupon the
'streets ahd 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 ahy,
will not'be detrimental to the health and safety of the citizens of tfie City of Anaheim..
Page 10
Staff Report to the
Planning Commission
January 9, 2006
ltem No. 2
RECOMMENDATION:
(29) Staff recommends that, unless additional or contrary information is received during the
meeting, and based upon the evidence submitted to the Planning Commission, including
the evidence presented iri this staff report, and oral and written evidence presented at the
public hearing, the Planning Commission take the following action;
(a) By motion, approve a Negative Declaration.
(b) By motion, approve waiver of maximum letter height for wall signage that special
circumstances apply to the property that do not apply to other properties in the area in
that due to the large vertical and horizontal spans of the wall area to which the signs
are attached, a 24 inch sign would not be easily readable and would make the signs
appear to be disprdportionate with the building.
', (c) By resolution, approve Conditional Use Permit No: 2005-05045 to permit a pharmacy
with drive-through and accessory sales of alcoholic beverages (beer and wine) for off-
premises consumption by adopting the attached resolution including the findings and
conditions contained therein.
(d) By motion, a rove Determination of Public Convenience or Necessity No. 2005-00023
to permit sales of alcoholic beverages (beer and wine) for off-remises consumption in
conjunction with a proposed pharmacy by adopting the attached resolution including
the findings and conditions contained therein.
Page 11
[®~~~7
RESOLUTION NO. PC2006-*'"
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2005-05045 BE GRANTED
(2011 EAST LA PALMA AVENUE)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditiohal
Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California,
described as;
THAT PORTION OF THE WEST 11 ACRES OF THE SOUTH HALF OFTHE SOUTH HALF OF
THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN
THE RANCHO SAN JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE
10 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID.
COUNTY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF SAID SECTION 1, SAID
LINE BRING ALSO THE CENTERLINE OF LA PALMA AVENUE AND THE EAST' LINE OF THE
WEST 200.00 FEET OF SAID SECTION 1: THENCE NORTH 00° 53' 57" WEST ALONG SAID
EAST LINE 69.00 FEET TO A LINE THAT IS PARALLEL WITH AND LOCATED 69.00 FEET
NORTH AT RIGHT ANGLES FROM SAID SOUTH LINE OF SECTION 1 AND THE TRUE POINT
OF BEGINNING OF THIS DESCRIPTION; THENCE-NORTH 00° 53' 57" WEST ALONG SAID
EAST LINE, SAID EAST LINE BEING ALSO THE WEST LINE OF PARCEL 1 AS SHOWN ON''
PARCEL MAP NO. 79-242, AS PER MAP FILED IN BOOK 136, PAGE 38 OF PARCEL MAP3;'IN'
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, 154 FEET TO THE NORTH
LINE OF SAID PARCEL 1; THENCE NORTH 89° 43' 08" EAST ALONG SAID NORTH LINE 29.80
FEET; THENCE NORTH 00° 53' 57" WEST 70;36 FEET; THENCE NORTH 89° 43' 08" EAST:
202.93 FEET; THENCE SOUTH 00° 53' 57" EAST 119.84 FEET; THENCE NORTH 89° 43' 08"
EAST 62.31 FEET; THENCE SOUTH 00° 53' 57" EAST 104:52 FEET TO THE
AFOREMENTIONED PARALLEL LINE WITH THE SOUTH LINE OF SAID SECTION 1; THENCE
SOUTH 89° 43' 08" WEST ALONE SAID PARALLEL LINE 295.04 FEET TO THE TRUE POINT
OF BEGINNING.
THE RIGHT TO-USE THE PARKING FACILITIES OF THE ADJOINING SHOPPING CENTER
KNOWN AS GRANADA SQUARE, AS PROVIDED IN .THE PARKING AGREEMENT DATED
JULY 17, 1979, EXECUTED BY A.G: RICHTER AND DORIA K. RICHTER, RECORDED JULY
20, 1979 AS INSTRUMENT NO. 28453, OFFICIAL RECORDS.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on December 12, 2005; notice of said public hearing having been duly given as required by
iaw and in accordance with the provisions of the Anaheim.Municipal Code, Chapter 18.60 "Procedures", to
hear and consider evidence for and against said proposed conditional use permit and to investigate and
make findings and recommendations in connection therewith; and that said item was continued to the
January 9, 2006, meeting; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself
and in its behalf, and after due consideration of all evidence. and reports offered at said hearing, does find
and determine the following facts:.
1. That the proposed drive through pharmacy with accessory retail sales of beer and wine for
off-premises consumption is properly one for which a conditional use permit is authorized by Anaheim.
Municipal Code Section No. 18.08.030.040.0402 with the following waiver..
Cr\PC2006- -1- PC2006-
(a) Section No. 18.44.110.010:0103 Maximum Letter Height for Wall Signage (24 inches
permitted: 30 to 42-inches proposed for the CVS
logo and 24 '/: inches proposed for Pharmacy'
2. Thak the above mentioned waiver is hereby granted as amended by staff based on
constraints on the building elevation due to the long length that the CVS letter would not be as easily
readable and that strict application of the Zoning Code would deprive the property of privileges'enjoyed by
other commercial properties along La Palma. Avenue;
3. That the proposed use will not adversely affect the adjoining land uses and the growth and
development of the area in which it is proposed to be located because the sale of beer and wine is ancillary
to the overall product mix provided by the drive through pharmacy. The accessory sale of beer and wine, as
proposed and approved, will not have a negative impact on the surrounding area;
4. 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 health and
safety as the proposed drive through pharmacy would comply with alt provisions of the Zoning Code and
would not require any waivers for development; and
5. 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
6. That the granting of the conditional use permit under the conditions imposed will not be
detrimental to the health and safety of the citizens of the City of Anaheim because the sale of beer and wine
is ancillary to the overall mix provided by the pharmacy and the property is located at the intersection of two
major arterials within the City and has no direct vehicle or pedestrian access to any residential area; 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; That the Anaheim Planning
Commission has reviewed the proposal to construcYa drive through pharmacy with the retail sales of beer
and wine for off-premises consumption in conjunction with a commercial retail center; and does hereby
approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the
lead agency and that it has considered the Negative Declaration together with. any comments received
during the public review process and further finding on the basis of the initial study and any comments.
received that there is no substantial evidence that the project will .have a significant effect on the.
environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim 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
health and safety of the Citizens of the City of Anaheim:
1. That all public phones shall be located inside the building.
2. That adequate lighting of parking lots, driveway, circulation areas, aisles, passageways, recesses and
grounds contiguous to buildings shall'be provided with lighting of sufficient wattage to provide
adequate illumination to make clearly visible the presence of any person on or about the premises
during the hours of darkness and provide a safe, secure environment for atl persons, property, and
vehicles on-site. Said lighting shall be directed, positioned and shielded in such a manner so as not to
unreasonably illuminate the window areas of the adjacent residential properties:. Light fixtures shall be
decorative and a maximum of 12-feet in height. Said information shall be specifically shown on plans
submitted for Police Department, Community Services Division approval.
-2- PC2006-
3. That any tree or other landscaping planted on-site shall be Yeplaced in'a timely manner in the event
that it is removed, damaged, diseased and/or dead:
4. That no roof-mounted balloons or other inflatable devices shall be permitted on the property.
5. That no outdoor vehding machines shall be permitted on the property.
6. That 4-foot high street address numbers shall be displayed on the goof of the building in a colorahat
contrasts with the roof material. The numbers shall not be visible from the streets or adjacent.
properties: Said information shall be specifically shown on plans submitted for building permits:
7. That there shall be no outdoor storage permitted oh the premises.
8. That the propertyowner shall submit a letter to the Planning Services Division requesting termination
of Conditional Use Permit No, 1947.
9. That roof-mounted equipment shall be screened from view in accordance with the requirements of
Anaheim Municipal Code Section 18.38.170 pertaining to the C-G (General Commercial) Zone. Said
information shall be specifically shown on plans submitted for building permits.
10. That the property shall be permanently maintained in an orderly fashion by the provision of regular
landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24)
hours from time of occurrence.
11. That there shall be no exterior advertising or sign of any kindor type, including advertising directed to
the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays
of alcoholic beverages which are clearly visible to the exterior shall constitute a violation of this
condition.
12. That there shall be no display of alcoholic beverages located outside of a building or within five (5) feet
of any putilic entrance to the building.
13. That the area of alcoholic beverage displays shall not exceed 25% of the total display area in the
building.
14. That the sale of alcoholic beverages shall be made to customers only when the customer is in the
building.
15. That beer and malt beverages shall not be sold in packages containing less than a six (6) pack, and
that wine coolers shall not be sold in packages containing less than a four (4) pack.
16. That the procession of alcoholic beverages in open containers and the consumption of alcoholic
beverages is prohibited on or around these premises.
17. That there shall be no amusement machines, video game devices, or pool tables located outside the
building and within the control of the applicant.
18. That the gross sales of alcoholic beverages shalt not exceed 35 percent of all retail sales during any
three (3) month period. The applicant shall maintain records on a quarterly basis indicating the
separate amounts of sales of alcoholic beveragesand other items. These records shall be made
available for inspection by any City of Anaheim official when 7equested.
19. That any graffiti painted or marked upon the premises or on any adjacent area under the control of the
licensee shall be removed or paintedover withih 24 hours of being applied.
20. That the petitioner shall be responsible for maintaining free of litter the area adjacent to the premises
over which they have control, as depicted.
21. That all backflow equipment shall be located above gtound and outside bf the street setback area in a
manner fully screened from all public streets. Any backflow assemblies currently installed in a vault
shall be brought up to current standards. Any other large watersystem equipment shall be installed to
the satisfactioh of the Water Ehgiheering Division in either underground vaults or outside of the street
setback area in a mahner fully screened from all public streets and alleys... Said information shall be
specifically shown oh plans and approved by the Water Engineering Department.
-3- PC2006-
22. That all requests for new water services or fire lines, as well as any modifications, relocations, or
abandonment's of existing water services and fire lines, shall be coordinated through Water
Engineering Division of the Anaheim Public Utilities Department. - ° --
23. That since this project has a landscaping area exceeding 2,500 square feet; a separate irrigation meter
shall be installed in compliance with Chapter 10.19 of the Anaheim Municipal Code: Said information
shall be specifically shown on plans submitted for building permits.. ,
24. That all existing water services and fire lines shall conform to current Water Service Standards
Specifications: Any water service and/or fire lihe that does not meet current standards shall be
upgraded if continued use if necessary or abandoned if the existing water service is no longer needed.
The owner/developer shall be responsible for the costs to upgrade or to abandon any water service of
fire line.:.
25. That prior to the issuance of a grading permit, the applicant shall submit to the Public Works
Department, Development Services Division for review and approval a Water Quality Management
Plan that:
Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious
areas, maximizing permeability; minimizing directly connected impervious areas, creating reduced
or "zero discharge" areas, and conserving natural areas:
e Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area.
Management Plan.
o Incorporates Treatment Control BMPs as defined in DAMP.
Describes the long-term operation and maintenance requirements for the Treatment Control
BMPs. ,
o Identifies the entity that will be responsible for long-term operation and maintenance of the
Treatment Control BMPs, antl describes the mechanism for funding the long-term operation and
maintenance of the Treatment Control BMPs.
26. That prior to issuance of a certificate of occupancy, the applicant shall
Demonstrate that all structural BMPs described in the Project WQMP have been constructed and.
installed in conformance with approved plans and specifications.
® Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the
ProjectWQMP
Demonstrate that an adequate number of copies of the approved Projects WOMP are available
onsite.',
o Submit for review and approval by the City an Operation and Maintenance Plan for all structural
BMPs.
27. That the existing driveway approach shall be removed and replaced with curb, gutter, parkway..
landscaping'and sidewalk. A bond shall be posted in an amounfapproved by the City Engineer and a
form approved by the City Attorney prior to issuance of building permit. Obtain a Right of Way
Construction Permit from the Public Works Department, Development Services Division.
Improvements must be complete prior to final building andzoning ihspections:
28. That a lot line adjustment shall be submitted td the Public Works Department, Development Services
Division. The Lot Line Adjustment shall be approved by the City Engineer and recorded in the office of
the Orange. County Recorder prior to issuance of a building permit.
29. That the locations for future above-ground utility devices including, but hot limited to, electrical
transformers, water backflow devices, gas; 6ommunications and cattle devices, etc., shall be shown on
plans submitted for buildingpermits. Plans shaltalso identify the specific screening treatments of each
device (i.e:landscape screening, color of walls, materials, identifiers, access points, etc.): Said
information shall be specifically shown on plans submitted for building permits:
30. That any required relocation of City electrical facilities shall be at the developer's expense.
-4- PC2006-
31. That the property owner/developer shall provide the City of Anaheim with a public utilities easement to
be determined as electrical design is completed..
32. That plans shall be submitted td the Planning Services Division for review and approval in
conformance with the current version of Engineering Standard Plan Nos. 436, and 470 pertaining to
parking standards and driveway location, Subject property shall thereupon be developed acid
maintained in conformance with said plans.
33. That the drive-through lane shall be designed to meet the radius standards (minimum 16 feet interior
and 26 feet outer radius). Said information shall be specifically shown on plans submitted for building
permits:
34. That a plan sheet for solid waste storage, collection and a plan for recycling shalt be submitted to the
Public Works Department, Streets and Sanitation Division for review and approval:
35. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works
Department and in accordance with approved plans on file with said Department. Said storage areas
shall $e 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-gallon size clinging vines plahted on maximum three-foot centers
or tall shrubbery. Said information shall be specifically shown on the plans submitted for building
permits.
36. That the project shall provide for truck deliveries on-site. Such information shall be specifically shown
on plans submitted for building permits.
37. That an Emergency Listing Card, Form ADP-281 shall be completed and submitted in a completed
form to the Anaheim Police Department.
38. That the business shall be equipped with an glary system (silent or audible) that provides a
comprehensive security system to the building perimeter and high valued storage areas.
39. That closed circuit television (CCTV) security cameras are recommended with coverage areas in the
lobby entrance and pharmacy area/drive through.
40. That all exterior doors shall be adequate security hardware.
41. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully
screened by architectural devices and/or appropriate building materials. Said information shall be
specifically shown on the plans submitted for building permits.
42. That final signage plans shall be submitted for review and approval to the Planning Department
indicating elimination of one of the drive-thru pharmacy signs on the south elevation and removal both
of the signs on the east elevation with replacement with one sign indicating exit only.. Any decision by
staff may be appealed to the Planning Commission as a "Reports and Recommendation" item. ,
43. -That final landscape plans shall be submitted to the Planning Services Division for review and
approval. Said plans shall incorporate minimum 24-inch oz sized trees, vines on trellises within all
planters adjacent to the building and a 3-foot high berm adjadeht td La Palma Avenue. Any decision
by staff may be appealed to the Planning Commissidn as a "Repdrts and Recommendations" item.
44. That the subject property shall be developed substantially in accordance with the plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the
Planning Department Exhibit Nos. 1 through 10, and as conditioned herein.
45. That prior to issuance of a building permit, or within a period of one (1) year from the date of this
resdution, whichever occurs first, Condition Nos. 6, 8, 9, 21, 28, 29, 34, 35, 36, 37,39, 42, 43 and 44-
above mentioned, shall be complied with. Extensions for further time to complete said conditions may
be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code.
46. That prior to issuance of a grading permit., or within a period of one (1) year from the date of this
resolution, whichever occurs first, Cdhditdn No. 25 shall be complied with. Extensions for further time
to complete said conditions may be granted in accordance with Section 18.60.170 of the Anaheim
Municipal Code.
-5- PC2006-
47. That prior to final building and zoning inspections, Condition Nos. 26 and 27, above mentioned, shall
be complied with. Extensions for further time to complete said conditions may be granted in
accordance with Section 18.60.170 of the Anaheim Municipal Code. °' '
48. 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'FURTHEt2 RESOLVED that the Anaheim Planning Commissioh 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 Resolutidn,
and any approvals herein contained, shall be deemed null and void.
AND BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges
related to the processing of this discretionary case application withih 15 days of the issuance of the final
invoice or prior to the issuance of building permits for this project, whichever occurs first Failure to pay all
charges shall result in delays in the issuahce of required permits or the revocation of the approval of this
application..
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 9, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures"
of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council
Resolution in the event of an appeal
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
'held on January 9, 2006, 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
2006.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-6- PC2006-
[®~~']
RESOLUTION NO. PC2006--***
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2005-00023 '
FOR AN ALCOHOLIC BEVERAGE CONTROL LICENSE
(2011 EAST LA PALMAAVENUE)
WHEREAS, on July 11, 1995, the City Council adopted Resolution No. 95R-134
establishing procedures and delegating certain responsibilities to the Planning Commission relating to the
determination of "public convenience or necessity" on those certain applications requiring that such
determination be made by the local governing body pursuant to applicable provisions of the Business and
Professions Code, and prior to the issuance of a license by the Department of Alcoholic Beverage Control
(ABC); and
WHEREAS, Section 23956 of the Business and Professions Code provides that the ABC
shall deny an application for a license if issuance of that license would tend to create a law enforcement
problem, or if issuance would result in or add to an undue concentration of licenses, except when an
applicant has demonstrated that public convenience or necessity would be served by the issuance of a
license; and
WHEREAS, the Planning Commission of the City of Anaheim did receive an application
for a Determination of Public Convenience or Necessity to permit sales of beer and wine for off-premises
consumption within a proposed convenience market on certain real property situated in the City of
Anaheim, County of Orange, State of California; described as:
THAT PORTION OF THE WEST 11 ACRES OF THE SOUTH HALF OF THE SOUTH HALF
OF THE SOUTHWEST QUARTER-0F SECTION 1, TOWNSHIP 4 SOUTH, RANGE 10
WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN
BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS IN .THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF SAID SECTION 1;
SAID LINE BRING ALSO THE CENTERLINE OF LA PALMA AVENUE AND THE EAST LINE
OF THE WEST 200.00 FEET OF SAID SECTION 1: THENCE NORTH 00° 53' 57" WEST
ALONG SAID EAST LINE 69.00 FEET TO A LINE THAT IS PARALLEL WITH AND
LOCATED 69.00 FEET .NORTH AT RIGHT ANGLES FROM SAID SOUTH LINE OF
SECTION 1 AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE
NORTH 00° 53' 57" WEST ALONG SAID EAST LINE, SAID EAST LINE BEING ALSO THE
WEST LINE OF PARCEL 1 AS SHOWN ON PARCEL MAP NO. 79-242, AS PER MAP
FILED IN BOOK 136, PAGE 38 OF PARCEL MAPS, IN THE OFFICE OF THE"COUNTY
RECORDER OF SAID COUNTY, 154 FEET TO THE NORTH LINE OF SAID PARCEL 1;
THENCE NORTH 89° 43' 08" EAST ALONG SAID NORTH LINE 29.80 FEET; THENCE
NORTH 00° 53' S7" WEST 70.36 FEET; THENCE NORTH 89° 43' 08" EAST 202.93 FEET;
THENCE SOUTH 00° 53' 57" EAST 119.84 FEET; THENCE NORTH 89° 43' 08" EAST 62.31
FEET; THENCE SOUTH.00° 53' 57" EAST+ 104.52 FEET TO THE AFOREMENTIONED
PARALLEL LINE WITH THE SOUTH LINE OF SAID SECTION 1; THENCE SOUTH 89° 43'
08" WEST ALONE SAID PARALLEL LINE 295:04 FEET TO THE TRUE POINT OF
BEGINNING.
THE RIGHT TO USE THE PARKING FACILITIES OF THE ADJOINING SHOPPING
CENTER -KNOWN AS GRANADA SQUARE, AS PROVIDED IN THE PARKING
AGREEMENT DATED JULY 17, 1979,. EXECUTED BY A.G. RICHTER AND DORIA K.
RICHTER, RECORDED JULY 20, 1979 AS INSTRUMENT NO. 28453, OFFICIAL
RECORDS....,
Cr\PC2006- -1- PC2006-
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on December 12, 2005, notice of said public hearing having been duly given as required
by Resolution No. 95R-134 and in accordance with the provisions of the Anaheim Municipal Code; '°"°
Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed determination
of public convenience or necessity for an alcoholic beverage control license to investigate and :make
findings and recommendations in connection therewith; and that said item was continued to the January 9,
2006, meeting; and '
WHEREAS, said Commission., after due inspection, investigation and study made by itself
and in its behalf, and after due consideration of all evidence and reports offered at said hearing; does find
and determine the following facts:
1. That the applicant demonstrated that the sale of beer and wine would be a very minor
portion of the proposed business retail sales; and that the conditions of approval limit the gross sales of
beer and wine to 35% of the all retail sales within any three (3) month period.
2. That the accessory sale of beer and wine; as proposed and as approved, will not have a
negative impact on the surrounding area due to its location adjacent to two arterial highways with no direct
access to a residential neighborhood; and that the property is located in a crime reporting district with a
crime rate of 10% above the City-wide average which is not considered a high crime area.
3. That the public convenience or necessity will be served because theapplicant would
provide a convenience to potential customers traveling on eastbound La Palma Avenue and northbound
State College Boulevard and would be a pharmacy with incidental sales of beer and wine.
4. That "' indicated their presence at said public hearing in opposition; and that hd
correspondence was received in opposition to the subject petition.
` CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to permit sales bf beer and wine for off-premises consumption
within a proposed drive through pharmacy and does hereby approve the Negative Declaration upon
finding that the declaration reflects the independent judgment of the lead agency and that it has
considered the Negative Declaration together with any comments received during the public review
process and further finding on the basis of the initial study and any comments received that there is no
substantial evidence that the project will have a significant effect on the environment.
NOW THEREFORE BE IT RESOLVED that the Planning Commission does hereby determine
that the public convenience or necessity will. be served by the issuance of a license for sales of beer and
wine for a drive through pharmacy at this location.
L That this business establishment shall continuously adhere to the following conditions, as
required by the Police Department:
a. That there shall be nd exteridradvertising orsign of any kind or type, including
advertising directed to the exterior from within, promoting or indicating the
availability of alcoholic beverages. Interior displays of alcoholic beverages
which are clearly visible to the exterior shall constitute a violation bf this
bondition.
b. That there sfiall be no display of alcoholic beverages located outside of a
building or within five (5) feet of any public entrance to the building.
c. That the area df alcoholic beverage displaysshall not exceed 25% of the total
display area in the building: Said information shall be specifically indicated on
plans submitted for tiuilding permits:
d. That the sale of alcoholic beverages shall be made to customers onlywhen
the customer is in the building.
-2- PC2006-
e. That beer and malt beverages shall not be sold in packages containing less
than a six (6) pack, and that wine coolers shall not be sold in packages
containing less than a four (4) pack.
f. That the possession of alcoholic beverages in open containers and the
consumption of alcoholic beverages is prohibited on or around these premises.
g. That there shall be no amusement machines., video game devices, or pool
tables located outside the building and within the control of the applicant.
h. That the gross sales of alcoholic beverages shall not exceed 35 percent of all
retail sales during any three (3) month period. The applicant shall maintain
records on a quarterly basis indicating the separate amounts of sales of
alcoholic beverages and other items. These records shall 6e made availaFile
for inspection by any City of Anaheim official when requested.
2. That the subject property shall be developed substantially in accordahce'with the plans
and specifications submitted to the City of Anaheim by the petitioner and which plans are
on file with the Planning Department Exhibit Nos. 1 through 10, and as conditioned herein.
3. 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 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.
BE IT FURTHER RESOLVED that the Anaheim 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 findings hereinabove set forth.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the
processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to
the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result
in delays in the issuance of required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 9, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
"Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a
City Council Resolution in the event of an appeal.
ATTEST:
CHAIRMAN, ANAHEIM PLANNING COMMISSION
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-3- PC2006-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on January 9, 2006, by the following vote of the members thereof:
AYES`. ` COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN W ITNESS W HEREOF, I have hereunto set my hand this day of
- ; 2006,
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-4- PC2006-
~~ j
~~ '•: ~peeiat Jperations Division Attachment -Item No. 2
+'
ao: Della Herrick
!'loaning Department
From: Sergeant Mike Loaeau
Vice Detai!
Date: Septelxtber 20, Z00~
Iilf~: °~ 2005-aull~
CVS Pharmacy
2011 E. I,a Palma
Amafieim, 4:h asgpb
Ansheiac notice Dept.
425 S. Har6orBlvd.
Anah°im, CA 928rt5
TLf.. YI4965.1401
FAX: 714.763.1665
The Police Department has received an LD.C. Route Sheet for PRE
~D13S-t1~8. The apptieanf is requesting tQ permit af€-sate general in
aoniunction with apharmacy/drug store..:.
The Location. is wkhln Reporting t?istriet t428, which has a Crime Rate
of 9D percent above average. It is also within Census Tract Number
864.42 which has a population of 5,336. This population allows for 4 off
sate Atcohoke Beverage Con#ol ficerlses and there are presently ~u
licenses in the tract; It also allows for 6 on sale licenses and there al'e
presently 2 licenses in the SracL
The Police Department does not oppose this request. The Aolice
Oepartmentwould request the following conditions be placed on their
CUP:
1) There shall be no exterior advartisin¢or sign of any kind or type,
including advertising directed fo the exterior frorrl within, promoting
or indicating the availahility of alcoholic beverages. Inferior
displays of alcoholic beverages or signs which are clearly visibte
to the exterior shalt constitute a viotafion of fills condfitan.
2) No display of aicohofic beverages shalt be located outside of a
hln7ding or within five (5}feet of any public entrance io the
building..
3} The area of aicohofic beverage displays shelf not exceed 25°~ of
the fatal display area. in a bu7ding.,
4) Sale o€ alcoholic beverages shall ae made to customers only
when the customer fs in the building,
memorandum
t)$IIH I"terfiClC
CVS Pharmacy
5) That: beer anr4 malt teverages shat! teat 6e said ite packages
containing lass than a six (&} pack, and That wine waters
shall not bg sold >n packages snntaining less than a favr (4)
pack.
6} The possession of alcoheJic beverages in open containers and the
cansumptiorr of alcoholic beverages is prohibited orr or around
these premises.
~ The parking tot ofi the premises sha11 be equipped with lighting of
strfficierrt power #o illuminate and make easily tliscerrtttrfe the
appearance and conduct of ail persons on or about the parking lot.
Addftionatly, the position ofi such sighting shad not disturb the
nonna{ privacy and use of any neighboring residences.
8} There shad be no amusement machines, video game devices, or
pool tables ma#ntained upon the pferfiises ~ any ttrrie.
9) There shad be no public telephones on the property that are
located outside the building and within the cantroi of lire applicant.
10) The gross sates of alcoholic beverages shati not exceed 35
peftent of a@ retell sates during any three {3) month period. 'the
applicant shall mainfain records on a quarterly basis indicating the
separate amounts of sales of alcoholic beverages and other items.
These records shall be made available for lnspectien by any City
of Anaheim official when requested.
11) Any Grafifiti painted or marked upon fhe premises or on any
ad}acsnt area under the ccnrtrol of the licensee shall be femaved
or painted over within 24 hours ofi being applied.
1~ The petitioner shad bs responsffite for maintaining free of titter the
area ad}agent to the premises aver which they have cnrr#rol, as
depicted,
Please contact me et extension 14b1 ifi you require further infiormation in
regards to 1#ris matter.
ElhomaMmiiwin~20(?3-00068 2011 E is Palma G119.+3oc
Page 3
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Attachment -Item No. 2
POLICY ''
CITY OF ANAHEIM PLANNING COMMISSION
GUIDELINES TO DETERMINE PUBLIC CONVENIENCE OR NECE551TY (PCN)
• How significant is the "undue concentration°7
In census tracts with a few excess licenses, it may be easier to justify the need for additional
licenses when considering other factors. However, in areas with a significant number of
excess licenses, the City should carefully examine, based on submitted evidence and the
whole record, whether it would be appropriate to make the requested finding.
• How close is the proposed site fo a residential neighborhood and/or schoo/7
If the site is in close proximity to a residential neighborhood or school, then the decision on
whether to make the finding of PCN should give weight to these sensitive land uses.
How close are other alcohol outlets?
Are outlets In close proximity or are they spread throughout the census tract? If the outlet is
located near the border of the census tract, is there a cluster of outlets in the vicinity of the
outlet located in the adjoining census tracts? in some areas, there are a large number of
businesses providing alcohol in close proximity. As a result, the impact is greater than if the
same number of businesses were spread throughout the census tract. In these instances, it
may be difficult to make the finding.
• Are there similar businesses already in the area?
Is this the first business of this type or are there several similar businesses nearby If the
product is already available, then it would be harder to justify "public need".
• Is the sale of alcohol an Integral part of the primary purpose of the business?
A "dinner house° would normally sell alcohol; however,~a gas station or breakfast cafe would
not.
• Is there a history ofalcohol-related problems in the areal
Determination of PCN in reporting districts that have a much higher than average crime rate
will be more difficult to justify. Likewise, even if the proposed location is in a census tract
that does not have a higher than average crime rate, it may be adjacent to one or more
reporting districts that have a higher than average crime rate.
• Are there unusual factors which are applicable to a partlcularlocaflon?
The establishment may cater to a specific customer such as specialty markets or warehouse
stores. In these instances, the Planning Commission may determine that the unusual
factors are sufficient to determine public convenience or necessity.
• Is the proposed site in an area which has both an overooncentration of licenses and a higher
than average crime rate?
In such instances, it may be more difficult to make the finding.
• Would a particular establishment have mitigating operational characteristics such as
increased security, limited hours of operation or bulk sales and/or temperatures not
conducive to on-site consumption?
A Determination of PCN may be justified for establishments with operational characteristics
that would offset any negative consequences of approving an additional license.
Attachment -Item No. 2
secnoN a
APPLICANT'S STATEML•NT OF
:IUSTIFK'A'1'ION FOR VARIANCE/CODL• WAIVER
(NOT REQUIRED FOR PARKING WAIVER]
REQUEST FOR W ANER OF CODE SECTION:
(A separate statement is required ttrr each t'ode waiver)
PERTAINING TO: CIS FGI~GI,4.Mf'i' ] 1NAI1. Sj~nls;
Sections 18.74.060 of the Anaheim Municipal Code requires that before any variance or Code waiver maybe granted by the
7oniag Administrator or Planning Gotnmrssron, the following shall be shown:
1. That there are special ciroumstances applicable to the property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical zotting classification in the vicinity; and
Z. That, because of wch special circutttstances, strict app]ication 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 eeist, and to assist the Zoning Adrrrinistrator 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 possble. If you need additional space, you may attach additional pages.
Are there special circumstances that apply to the property in matters such as sizx, shape, topography, location or
suaormdings? _ Yes No.
If your answer is °Yes," describe the special circumstances:
2. Are the special circumstances that ly to the properly different from other properties in the vicinity which ate in the
same zone as yom property? ~_ No
If your answer is "yes_' describe how the property is different:
3. Do the special eQCUtnstances applicable to the - deprive it ofpri+nleges currently enjoyed by neighboring
properties located within the same mne? a No
"describe the
4. Were the cttcumstences created by causes beyond the control of the property owner (or previous property
owners)? _ es _ No
EXPLAIN
The sole propose of any variance or t'ode waiver shall be to prevetn discrnnination, end no variance or Code univet shall be
approved which would have the ffect of granting aspecial privilege not shared by other property in the same vicinity and zone
which is ~'o authorized by zone regulations governing subject property. Use variances are not permitted.
/ _ ~~~ 2'
Sitmature of Property r or Authori~xd Agent Date
CONDITIONAL USE PERMITNARIANCE NO.
Attachment -Item No. 2
APPLICANT'S STATEMENT OF JUSTIFICATION FOR
PUBLIC CONVENIENCE OR NECESSITY
The City Council has established procedures for the determination of Public Convenience or Necessity and has
delegated the responsibility for making such determinations to the Anaheim Planning Commission. In order to
assist the Planning Commission In its deliberations as to whether the public convenience or necessity would be
served by permitting an additional alcohol establishment within an area containing an over concentration of
licenses and/or high crime rate, please answer the following questions.
1. What is the primary purpose of your business? Is the sale of alcohol an essential part of the primary
purpose of the business? Please explain.
2.
Are there similar
alcohol service?
license within the
Is there a residential neighborhood or sch
convenience or necessity determination?
not disproportionately impact an adjacent
~usmesses or a concentration of aiconoi ouaets fn the immediate area that already provide
If so, how would the public convenience or necessity be served by permitting an additional
census tract?
col adjacent to the property for which you are requesting a public
If so, please explain how permitting an additional license would
residential neighborhood or school.
4. Whaat~per ~ tage of your business do you anticipate will be alcohol sales?
~"T~[_ ®lo
5. Does your business cater to a specific need or specialty which is not currently available in the area? Please
explain.
6. Are you proposing any specific operational measures to eliminate or limit any potential negative
cronsequences from the sale of alcoholic beverages? Please explain.
~ S
7. What type of license are you requesting from ABC? Is it an existing license?
Application fur demrtnina[ion afPCN.doc
revised 7x15,(15
Attachment -Item No. 2
.............
B~E'll~~~P01i1tN
October 31, 2005
City of Anehelm
Planning Department
City Hail East
20o South Anaheim Boulevard,
Anaheim, CA 92805
Re: CVSfPhannacy, fdEC State College and La Palma
Justification for Increased Wall Signage
West Plan[
13489 Slovar Avenue
B,f8din9 9
Fontana, CA 92337
Tel: 909.823.'1239
Fax: 909.823.2073
vrvuw.Ima9epolnLcom
The following sign waiver is requested to increase the letter height on 3 wall sign elevations by allowing iwo letter
sets at 42° tall and one letter set at 30° tall.
Per Section 18.44.330, foranywall elevation exceeding 81', up to 3 wail signs ere permitted, notto exceed 10%of the
face oPthe building Addfdonally, signs are restricted to 24" maximum letter height ff buildings are 1 to 3 stories high.
The (3) subject wall elevations fall within this category. The proposed wall signs conform to the restrictions above
stated with theexeeption of file letter heights. The i;V& ttetionel trademarked slot standard dictates 48" letter heights
with 18' hf individual anolllary message letters. Due to the large verdoal and horizontal spans of the well area to which
the signs will be applied, (10' vertjcal, 42' horizontal on primary elevations), a 24° letter height is not in scale with the
buildingendappearsetisproportioneth. Theinereasedletthrheightlmprovestheeesthetlcappearaneeofthewailsigns
which are fully ardhin the 10%area restriction. The west elevation is allowed 200 sq ft end uses 152 sq fk the north
elevation is allowed 288 ~ ft and uses 152 sq fl; the south elevation Is allowed 200 sq ft and uses 93.8 sq ft The
Increased letter heights also enhancevisibiitty to mohxists moving a tratfle speed of 40 mph. The optimal viewing
distance fora 42' tall latter is 420', which gives the motorist adequate Ume to make necessary lane changes to move
into the correct drive approach. The grouping of letters and logos presents es a single sign, not multiple signs, end
directs the driver's focus 1n a sine point
We believe the proposed sign modifications do not conflict with the intent of the code nor do they constitute
special privileges or adverse conditions to any neighboring uses. The proposed signage will not create any traffic
safety hazards either vehicular or pedestrian in nature.
Respectfully Submitted,
Debora J. Ivey
Senior Field Activities Manager
Image Paint
(714)505-9810
divey@im agepoint.com
ITEM NO. 3
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Conditional Use Permit No. 2005-05031 ~ Subject Property
Date: January 9, 2006
Scale: 1" = 200'
Requested By: MARK GHASSEMI Q.S. No. 95
REQUEST TO PERMIT AND RETAIN AN EXISTING OUTDOOR STORAGE AREA AND TO INSTALL
AN OVERHEAD CRANE TO LOAD TRUCKS WITH SLAB MATERIALS I'N CONJUNCTION WITH AN
EXISTING WHOLESALE BUILDING MATERIAL (STONE) DISTRIBUTION BUSINESS WITH WAIVER
OF MINIMUM NUMBER OF PARKING SPACES.
301 Ea:~ Sall Road - Ollin International, Inc. 2o3a
Staff Report to the
Planning Commission
January 9, 2006
Item No. 3
3a. CEQA NEGATIVE DECLARATION (Motion for continuance).
3b. WAIVER OF CODE REQUIREMENT
3c. CONDITIONAL USE PERMIT NO. 2005-05031
SITE LOCATION AND DESCRIPTION:.
(1) This irregularly-shaped, 0.93-acre property has a frontage of 150 feet bn the north side of
Ball Road, a maximum depth of 295 feet, and is located 333 feet east of the centerline of
Technology Drive (301 East Ball Road- Ollin International, Inc.).
REQUEST:..
(2) The applicant requests to permit and retain an existing outdoor storage area and to install
an overhead crane to load trucks with slab materials in conjunction with an existing
wholesale (stone) distribution business under authority of Code Section 18.10.030.010 with
I waiver of the following:
(a) SECTION NO. 18.42.040.010 Minimum number of oarking spaces
(34 spaces required; 18 proposed).
BACKGROUND:
(3) This item was continued from the October 31, November 14, and December 12, 2005,
Commission meetings to allow the applicant time to complete revisions to the
submitted parking study and plans.
(4) This property is developed with an existing warehouse and showroom for a whclesale
building material (stone) distribution business and is zoned f (Industrial): The Anaheim
General Plan designates this property and all surrounding properties for General
Commercial land uses.
(5) The applicant, Patrick Andersen, has submitted the attached letter dated December 30,
2005, requesting a continuance to the January 23, 2006, Commission meeting in order to
complete revisions to the submitted parking study and submit final revisions of the plans.
PREVIOUS ZONING ACTIONS:
(6) Conditional Use Permit No. 1222 (to permit an automobile frame and body repair shop in
the M-1 zone) was approved by the Planning Commission on February 22, 197E
RECOMMENDATION:
i (7) That the Commission, by motion, continue this item to the January 23, 2006, Planning
Commission meeting.
Sr-cup2005-05031(con1010906)jpr_sryc010906
Page 1
file:///Fly/CASES/Conditional%20Use%20PertniUCUP?005-05031 /Att%20010906/4th'%20Continuance%20Request:htm
rom: Patrick Andersen [PAndersen@waremalcomb.com]
ent: Friday, December 30, 2005 2:06 PM Attachment -Item Mo. 3
o: John Ramirez
object: RE: Continuance
~hn,
ould you please continue this item to the January 23, '06 PC Meeting, as we are still waiting for our
Zal revisions to the Parking .Study and the Grant Deed and the Lease Agreement from the owner. All
'sets of the final plans are printed and in my car, and we should be getting the balance of the items
om the owner and traffic engineer next week.
Zanks,
3trick
ktrick R. Andersen
•oject Architect
949.660.9128
949.863.1551
714.381.3732
pndersen@waremalcomb.com
JAKE MALCOMB
ading Design for Commercial Real Estake
aremalcomb.com
•ont: John Ramirez [mailto:JPRamirez@anaheim.net]
ant: Thursday, December 29, 2005 3:39 PM
r Patrick Andersen
object: Continuance
i Patrick,
o ahead and send me a request to continue the item to the 1/23 PC meeting -since we do not have a
lal parking study or the plans. My internal deadline was noon today.
Tanks,
~hn
ilr.///H~/CASE5/Condi[Tonal%20Use°/20PertniUCUP2p05-05031/Att%20010906/4th%20Continuance%20Request.html/5/2006 2:30:35 AM
ITEM NO. 4
- -_ `~
KATELLA AVENUE
ANAHEIM CONVEMION
CEMER
PARKING
SP 92.2
RCLTZT4G1
ANAHEIM CONVENTION
CENTER
JIEIM CONVENION
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n
U
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RLL 66-6)Et (fit)
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JGLLY ROGER '
INN
PORTOFINO INN
HOTEL
6P 92-2 l
RCL 66E7~ii (44)
CUP 3965
VAR 3891
VAR 2965 S p
VAR 2962 a'
COAST ANAHEIM Q
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0
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j CONVENTION WAY
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~ RCL fib-fi)-61(22)
PR (PUBLIC RECREATION) SP92-2 CUP 1 W 1
RCL 60.61-d8 ~ RLl6fiA)At (23) VAR 26665
T-CUP 2881AMI5 9P2
LUP 2661A1829 98A1
F
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~ CUP 065
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/ (LUP 2882-01839)
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RESORT INN
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ALL PRO PERTIES ARE IN THE ANAH
EM
Tentative Tract .Map No. 16958 Subject Property
s Date: January 9, 2006
Scale: Graphic
Requested By: ANAHEIM HOTEL PARTNERSHIP, LCP Q.S. No. 77
REQUEST TO ESTABLISH A 1-LOT, AIRSPACE HOTEL SUBDIVISION FOR INVESTMENT PURPOSES.
777 Convention Way 2oeo ~'
Staff Report to the
Planning Commission
January 9, 2006
Item No. 4
4a. CEQA CATEGORICAL EXEMPTION -CLASS 1 AND 15 (Motion for continuance)
4b. TENTATIVE TRACT MAP NO. 16958 `
SITE LOCATION AND DESCRIPTION:
(1) This approximate 8.5 acre property is located at the northwest dorner of Hotel Way and
Convention Way with frontages of 606 feet on the north side of Convention Way and 880
feet on the west side of Hotel Way (777 Convention Way -Anaheim Hilton).
REQUEST:
(2) The applicant requests to establish a 1-lot, airspace hotel subdivision for investment
purposes:
BACKGROUND:
(3) This item was continued from the December 12, 2005, Commission meeting for the
applicant to provide staff with further information regarding the proposed tentative
map.
(4) This property is currently developed with the 15 stbry, 1,572-room, Anaheim Hilton hotel
and is zoned SP92-2 (Anaheim Resort Specific Plan). The Anaheim General Plan
designates the property for Commercial Recreation land uses.
(5) ' The applicant, Anaheim Hotel Partnership LCP, requests a continuance to the January 23,
2006, Commission meeting to provide staff with further information regarding the proposed
tentative'map.
RECOMMENDATION:
(6) That the Planning Commission, by motion, continue this request to the January 23, 2006,
Planning Commission meeting::
'. SR-SUB?TM16958 010906 coot
Page 1
Attachment -Item No. 4
~l N t~IJL JLJL',~ ~~~~~ ~~~~1 Y JL',~~~JLJL
777 West Convention Way, Suite 100, Anaheim, California 92602 Phone: 714!740-4700 Fax: 714/740-4711
December 30, 2005
~ 2 3 :'~
J
(
q~
y
Linda Johnson ~fi;
+'~' JAN 2066
Principal Planner ~~ RECEIVED
~% PLANNING
CITY OF ANAHEIM !per OEPA6TYENT
Planning Department 'w~~
~~~~I &l 9
200 Soukh Anaheim Blvd
Anaheim, California 92805
RE: REQUEST FOR CONTINUANCE -TENTATIVE TRACT MAP 16958
Deaz Linda:
Kelly Cazlyle of PSOMAS is out of town for the holidays and in her absence I am writing
this letter on behalf of Anaheim Hotel Partnership, dba: Hilton Anaheim and Anvesco,
the applicants, to request a continuance on the matter of the hearing for the above
captioned Tentative Tract Map 16958, presently scheduled to be heazd at the Planning
Commission Meeting scheduled for January 9, 2006. In order to allow additional time
for clarification of the mechanism of approval, pursuant to conversations with members
of the Planning Staff, it is respectfully requested that the hearing of this matter be
continued from January 9, 2006 to the Planning Commission Meeting scheduled for
January 23, 2006.
Your assistance in this matter is greatly appreciated. You may reach me at 714/740-4714
should you have any questions or require additional assistance.
Sincerely,
ANAHEIM HOTEL PARTNERSHIP, DBA:
HILTON ANAHEIM
~~~~ ~ --
RICHA R. POPE, ]ce President
Administration & Special Projects
cc: Stan Casdeton
Kelly C. Carlyle
ITEM NO. 5
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Conditional Use Permit No. 4073 Subject Property
TRACKING NO. CUP2005-05051 Date: January 9, 2006
Scale: 1" = 200'
Requested By: HARLO-KINDER LIMITED PARTNERSHIP Q.S. No. 58
REQUESTS REINSTATEMENT OF THIS PERMIT BY THE MODIFICATION OR DELETION OF A
CONDITION OF APPROVAL PERTAINING TO A TIME LIMITATION (APPROVED JANUARY 17, 2001
TO EXPIRE JANUARY 6, 2006) TO RETAIN AN ACUPRESSURE (MASSAGE) FACILITY AND TO
AMEND A CONDITION OF APPROVAL PERTAINING TO HOURS OF OPERATION.
2054 South Euclid Street -Golden Pain Control (Unit H)
2115(2006-1-0)
Conditional Use Permit No. 4073 Subject Property
TRACKING NO. CUP2005-05051 Date: January 9, 2006
Scale: 1" = 200'
Requested By: HARLO-KINDER LIMITED PARTNERSHIP Q.S. No. 58
REQUESTS REINSTATEMENT OF THIS PERMIT BY THE MODIFICATION OR DELETION OF A
CONDITION OF APPROVAL PERTAINING TO A TIME LIMITATION (APPROVED JANUARY 17, 2001
TO EXPIRE JANUARY 6, 2006) TO RETAIN AN ACUPRESSURE (MASSAGE) FACILITY AND TO
AMEND A CONDITION OF APPROVAL PERTAINING TO HOURS OF OPERATION.
2054 South Euclid Street -Golden Pain Control (Unit H)
za ~slzoos-~-a~
_. Date of Aerial Photo: May 2002
Staff Report to the
Planning Commission
January 9, 2006
Item No. 5
Sa. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVEDI (Motion)
Sb. CONDITIONAL USE PERMIT NO.4073 (Resolutioh), -
(Tracking No. CUP2005-05051).
SITE LOCATION AND DESCRIPTION::
(1) This irregularly-shaped, 2.43-acre property is located at the northeast corner of Orangewood
Ave and Euclid Street., with frontages of 167 feet on the north side of OrangewoodAvenue
', and 221 feet on the east side of Euclid Street (2054 South Euclid Street, Unit H -Golden Pain
Control)
REQUEST:
(2) The applicant requests reinstatement of this permit by the modification or deletion of a
condition. of approval pertaining to a time limitation (apprdved Jahuary 17; 2001, to expire
January 3, 2006). to retain an acupressure (massage),facilitysnd to amend a condition of
approval pertaining to hours of operation under authority of Code Section.Nos, 18.60.180 and
18.60.190.
BACKGROUND:
(3) This property is developed with amulti-tenant commercial building and is zoned C-G
(General Comrercial); The Anaheim General Plan designates this property,for General
', Commercial land uses. Surrounding properties to the south are also designated for General
Commercial land uses, to the west (across Euclid Street) is the City of Garden Grove, to the.
east for Low-Density Residential land uses and to the north for Office Low lahd uses..
(4) Conditional Use Permit No: 4073 to permit a 1,190 sq. ft. acupressure (massage) facility wes
approved',by the Planning CommissiomNovember 23, 1998, for a period of one (1) year, to
expire on November 23, 1999. Subsequently, Planning Commission approved two
reinstatements on January 3, 2000; and January 17, 2001 (Tracking No. CUP2001-04297)
with: the latest reinstatement expiring on January 3, 2006. The applicant has submitted a
letter requesting reinstatement of the permiYand amendment to a oondition'of approval
pertaining to hours of operation, Resolution No.'PC2001-12 adopted in conjunction with
approval of this permifcontains the following oonditions of approval
"1. `That the subject massage facility shall expire in five (5) years, on January 3, 2006:.
2, .That the hours of operation shall be limited to 10 a.m. to 9 p.m. seveh (7) days a week,
with no more than four (4) employees working at any one time "
DISCUSSION:
(5) On October 26, 2005, Paul Elman and Sun Hui Ko, the applicant,'submitted arequest to
reinstate Conditional Use Permit No. 4073 (to permit arc acupressure (massage) facility)...
Cotle requires that reinstatements be requested within 180 days from the date of expiration
(July 3, 2006): This request for reinstatement was submitted within permitted timef~ames.
(6) The applicant has also requested that Condition No. 2 pertaining to business hours be
extended an hour earlier and an hour later each day: The current hours of operation are
10:00 a.m. to 9:00 p.m:'The new (tours of operation'woultl be 9;00 a.m. to 10:00 p.m. seven
(7} days a week, with no more than two (4) employees working at any one time..
(7) In order to demonstrate that the findings required for reinstatement of this conditional use
permit have been satisfied, the applicant has submitted the attached letter indicating that the
'. SR-CUP4073jn
Page 1
Staff Report to the
Planning Commission
January 9, 2006
Item No. 5
physioataspects of the property remain the same and thafsurrounding land uses in the
immediate vicinity have not changed.
(8) The Community Preservation Division has submitted the attached memorandum dated
December 7, 2005, indicating that the property is in compliance witfi all conditions of
approval.
(g)' The Anaheim Police Department has submitted the attached memorandum, dated December
2, 2005, regarding theYequestfo~teinstatemenYand the extended hours of operation for the
existing acupressure (massage) facility. The facility is located in Reporting District 2122,
which has a crime rate consistent with the Citywide average. The Reporting District to the
north is above the citywide average and Reporting Districts to the south and eastere tielow
the citywide average, The area to the west across Euclid Street is Garden Grove and
therefore, no crime statistics'are availablel' The Anafieim' Police Departmenfnas indicatetl
there have tieen no vicerelated violations afthis location within the last two (2) years. Since
the calls for service and reports taken at this business have'sutisided over the past year, the
Anaheim Police Departmentdoes not oppose this request and recommends a five (5) year
reinstatement:
(10) The business owner has been successful at operating in compliance with conditions of
approvaC Because the business is currently operating in compliance with allbonditions of
approval and because there have been no vice related'violations within the past two years,
staff recommends'aoorovaf of the request for aR extension of the hours of operation from:
9:00 a:m. to 10:00 p:m: daily, and reinstating the permit for s period of five (5) years to expire
on January 3,2011.
_ .,. ~,'
,n`om` ~ ,rr v~ r f rrer'~r~
,- g+a'~ ~ue ~ ~ n lL y
..View of acupressure (massage) facility
'. SR-CUP4073jn
Page 2
Staff Report to the
Planning Commission
January 9, 2006
Item No. 5
ENVIRONMENTAL IMPACT ANALYSIS:%i
(11) Staff has reviewed the proposal to reinstate Conditional Use Permit No. 4073 and amend
conditionsof approval relating to hours of operation; and finds no significant adverse
environmental impacts: Therefore; staff recommends that the previously-approved Negative
Declaratibn approved in connection with Conditional Use Permit Nc. 4073 is adequate to
-serve as khe required environmentat documentation in:connection with this requesf upon
finding by the Commission that the Negative 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 (a copy of which is available for review in the Planning
Department) and any comments received that there is no substantial evidence that the
project will have a significanteffect on the environment::.
FINDINGS:
(12) Before the Planning Commission grants any donditional use permit, it must make a finding of
fact that the evidence presented shows that all of the following conditions exist:
(a) That the use is properlybne for which a conditional use permit is authorized by the
Zoning Gode; or is'an unlisted use as defined in Subsection .030 (Unlisted Uses
Permitted)ofSection 18.66.040 (ApprovaLAuthority);
', (b) That the proposed use will hot adversely affect the adjoining land Uses or the growth
and development of the area in which it is proposed to be located;
(c) That the size and shape of the site is adequate to allow the full development of the
proposetl use in a manner not detrimental to the particular area or to the health and
safety;
(d) That the traffic generated by the proposed use will not impose an undue burden upor
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 health and safety of the citizens of the City of Anaheim:
(13) Subsection 18.60.180.030 of the Zoning Code requires that before the Commission grants
reinstatement of the' approval by extension, modification or deletion, the applicant must
present evidence to establish the following findings:
(a) The facts necessary to support each and every required showing for the issuance of
such entitlement as set forth in this chapter exist;
(b) The permit is being exercised substantially in the same manner and in conformance
', with all conditions and stipulations originally approved by the approval body;:.:
(c} The permit is being exercised in a manner not detrimental to the particular area and
surrounding .land uses, nor to the public peace, health, safety and general welfare;
and..
(d) With regard only to any amendmentof a time limitatkon, such deletion is appropriate
because it has been demonstrated that the use has operated in a manner that is
appropriate in the underlying zone and the surrounding area and that the periodic
review of the use is no longer necessary andlor that it can be determined that, due to
SR-CUP4073jn
Page 3
Staff Report to the
Planning Commission
January 9, 2006
Item No. 5
changes circumstances, the use is consistent with the, City's long-teFm plans for tfie
area ,
(14) The Planning Commission may revoke or modify any active land use permit on the basis of
evidence and testimony submitted at the hearing; if it finds the following:
(a) That any such modification, including the imposition of any. additional conditions, is
reasonably necessary tb protect the putilic peace; health? safety or general welfare,
br necessary to permitreasonable operation under the permit as granted:
RECOMMENDATION:
(15) Staff recommends that, unless additional or contrary information is received during the
meeting, and based upon the evidence submitted to the Commission, including the eviderce
presented in this staff report, and oral and written evidence presented at the public hearing,
the Commission take the following actions:
(a) By motion; determine that the previously-approved Negative Declaration is adequate
to serve as the required environmental documentation for this requesC.
(b) By resolution, approve the reihstatemenfof Conditional Use Permit No, 4073 to
permit a 1,190 sq ff: acupressure (massage) facility fora period of five (5) years, to
expire on January 3, 2011, and amend Condition of Approval No. 2 of Resolution No.
PC2001-12 relating to hours of operation to allow the business to operate from 9:00
a.m: to 10:00 p'.m. daily.
SR-CUP4073jn
Page 4
[® Fl'j
RESOLUTION NO. PC2006-***
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 4073 AND
AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2001-12
ADOPTED IN CONJUNCTION THEREWITH
(2054 SOUTH EUCLID STREET, UNIT H)
WHEREAS, on November 23, 1998, the Anaheim Planning Commission,by Resolution No.
PC98-188, approved Conditional Use Permit No. 4073 to permit a 1,190 sq. ft. acupressure (massage)
facility at 2054 South Euclid Street, Unit H; and that Condition No. 1 specified that the conditional use permit
shall expire one (1) year from the date of the resolution, on November 23, 1999;
WHEREAS, on January 3;2000, the Anaheim Planning Commission did, by Resolution No:
PC2000-03, reinstate the use for one (1) yearuntil January 3, 2001;
WHEREAS., on January 17, 2001, the Anaheim Planning Commission did, by Resolution No.
PC2001-12, reinstate the use for five (5) years until January 3, 2006;
WHEREAS, said Resolution No. PC2001-12 includes the followirtg conditions of approval
"1. , That the subject massage facility shall expire in five (5) years, on January 3, 2006:'
"2. That the hours of operation shall be limited to 10 a.m. to 9 p.m. seven (7) days a
week, with no more than four (4) employees working at any one time:'
WHEREAS, the property is currently developed with a commercial shopping center in the
CG (General Commercial) zone; and the Anaheim General Plan designates this property for General
Commercial land uses; and
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for
Reinstatement of Conditional Use Permit for certain real property situated in the City of Anaheim, County of
Orange, State of California, described as:
PARCEL 1: THAT PORTION OF THE SOUTH ONE-HALF OF THE SOUTHWEST QUARTER OF
THE NORTHHWEST QUARTER OF SECTION 28, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN
THE RANCHO LAS BOLSAS, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF '
CALIFORNIA, AS SHOWN ON A MAP RECORDED IN .BOOK 51 PAGE 10 OF MSICELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID' COUNTY, DESCRIBED AS
FOLLOWS: .
BEGINNING AT THE SOUTHWEST CORNER OF LOT 1 OF TRACT NO. 3946, AS SHOWN ON A
MAP RECORDED IN BOOK 140 PAGES33, 34 AND 35, OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OE SAID COUNTY; THENCE ALONG THE GENERAL
WESTERLY LINE OF SAID TRACT NORTH 00° 56' 30"WEST 350.95 FEET TO THE'
NORTHWEST CORNER OF LOT 5 OF SAID TRACT; THENCE WESTERLY ALONGTHE
SOUTHERLY LINE OF LOTS 7 AND 8 OF SAID TRACT AND THE WESTERLY PROLONGATION
THEREOF, SAID SOUTHERLY LINES ANp PROLONGATION ALSO BEING THE SOUTHERLY -
LINE OF THAT CERTAIN LAND DESCRIBED IN DEED TO IRENE M. RICHTER, RECORDED IN
BOOK 4431 PAGE 457 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, 355.00 FEET TO
THE SOUTHWESTERLY CORNER OF SAID LAND OF IRENE M. RICHTER; THENCE
SOUTHERLY ALONG THE WESTERLY LINE OF SAID SOUTH ONE-HALF 220.94 FEET TO THE
NORTHWESTERLY CORNER OF THAT CERTAIN LAND DESCRIBED IN THAT CERTAIN LEASE
BETWEEN GEORGE L. ARGYROS AND OTHERS, AND THE SOCONY MOBIL OIL COMPANY,
INC., RECORDED IN BOOK 8020 PAGE 938 OF SAID OFFICIAL RECORDS; THENCE
Cr\PC2006-0 -1- PC2006-
EASTERLY ALONG THE NORTHERLY LINE 188.00 FEET AND SOUTHERLY ALONG THE
EASTERLY LINE 130:00 FEET OF SAID LAST MENTIONED LAND TO THE SOUTHERLY Llf]E
OF THAT CERTAIN LAND DESCRIBED IN QUITCLAIM DEED TO ALEX L. FISHMAN,
RECORDED IN BOOK 8020 PAGE 941 OF SAID OFFICIAL RECORDS; THENCE EASTER
ALONG SAID LAST MENTIONED SOUTHERLY LINE 167.00 FEET TO THE POINT OF
BEGINNING.
WHEREAS, the applicant has .requested reinstatement of this conditional use permit to
permit a 1,190 sq. ft. acupressure (massage) facility by modifying to condition nos. 1 and 2 of Resolution No.
PC2001-12 pertaining to a time limit, and hours of operatiomrespectively, pursuant to Chapter 18.60 of the
Anaheim Municipal Code; and
WHEREAS, the Planning Commission did conduct a public hearing at the Civic Center in the
City of Anaheim on January 9, 2006, at 2:30 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 18.60
"Procedures" to hear and consider evidence for and against said proposed amendment and to investigate
and make findings and recommendations in connection therewith.
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 all physical aspects of the property and premises remain the same as when this use
permit was originally approved and subsequently amended; and that surrounding land uses in the immediate
vicinity have not changed,
2. That this use permit is being exercised in substantially the same manner and in conformance
with all conditions of approval:.
3. That field inspection by Planning Department staff indicates that the property is in
compliance with all the conditions of approval.
4. That reinstating this use permit and modifying the hours of operation, under the conditions
imposed, will not adversely affect adjoining land uses and the growth and development of the area in which it
is located.
5. That amendment of the time limitation is necessary to permit the continued reasonable
operation of this use under the use permit as previously granted.
6. 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: That the Anaheim Planning
Commission has reviewed the proposal to reinstate this conditionalvse permit to retain a 1,190 sq. ft.
acupressure (massage) facility and amend hours oYoperation at 2054 South Euclid Street, Unit H; and does
hereby find that the Negative Declaration previously-approved in connection with Conditional Use Permit No.
4073 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 anycomments 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 Planning Commission does
hereby: approve reinstatement of this permit and amendment to a condition of approval pertaining to hours of
operation and further, incorporates the conditions of approval contained in Resolution No. PC2001-12 into a
new resolution with the following conditions of approval:
-2- PC2006-
1. That this conditional use permit shall expire on January 3, 2011.
2. That, as stipulated to by the petitioner, the hours of operation shall be limited to 9:OO a.m. to 10:00 p.m.
seven (7) days a week, with no more than two (2) employees working at any one time:
3. That this business (including the conduct of all its employees) shall be operated in full compliance with
Anaheim Municipal Code Chapter 4.29 pertaining to Massage Establishments::..
4. That all records of treatment shall be maintained on the premises for one (1) year and shall be made
available for inspection by any authorized City official during regular business hours::
5. That this business shall be subject to unscheduled inspections by authorized City of Anaheim
personnel in order to observe and enforce compliance with all applicable Code requirements.
6. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1 and 2, and as conditioned herein.
7. 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 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.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related
to the processing of this discretionary case application within 15 days of the issuance of the final invoice or
prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges
shall result in the revocation of the approval of this application.
THE FOREGOING RESpLUTION was adopted at the Planning Commission meeting of
January 9, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 16.60, "Zoning
Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeal.
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-3- PC2006-
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) ss:
CITY OF ANAHEIM. ) -
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on January 9, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, 1 have hereunto set my hand this day of
2006.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-4- PC2006-
Attachment -':Item fVo. 5
MEMOitANI9UM
CITY OF ANAHEIM
Community Preservation Division
DATE: DECEMBER 7 , 2005
TO: JESSICA NDCON, PLANNING AIDE
FROM: ART FIEBING. COMMUNITY PRESERVATION OFFICER
SUBJECT: GOLDEN PAIN CENTER, 2054 S. EUCLID STREET REINSTATEMENT OF
CONDITIONAL USE PERMIT # 2005-05051
This memo is written in response to your request for information regarding Golden Pain Center
located at 2054 5. Euclid Street.
Community Preservation records indicate no citizen complaints have been received regarding
this business.
On November 23, 2005, I conducted an inspection at this location and was met by the owner Sun
Hui Ko. During my inspection the business was open and operating within the conditions of
approval for Conditional Use Permit # 2005-05051.
If you need any further information regarding this matter, please feel free to contact me at ext.
4449.
C~pNt1Al Cif
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o o~
I~~ l,~
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• ~~OVNO EU \gn/,
City of Anaheim
~®lI...IC~ ~~PAII~'g'1~dEI~1'~'
Special Operations Division
Attachment -Item No. 5
To: Jessica Nixon
Planning Department
From: Sergeant Mike Lozeau
Vice Detail
Date: December 2, 2005
RE: CUP 2005-05051
Golden Pain Center
2054 S. Euclid Street Suite A
Anaheim, CA 92804
The Police Department has received an I.D.C. Route Sheet for CUP
2005-05051. The request by the applicant is to reinstate an
acupressure (massage) facility and to delete a condition pertaining to
hours of operation.
The location is within Reporting District 2122, which has a Crime Rate
on the average mean. The Reporting District to the North is 2022 and
has a crime rate of 120 percent above average. The Reporting District
to the South is 2222 which has a crime rate of 29 percent below
average. The Reporting District to the West is Garden Grove. The
Reporting District to the East is 2123 which has a crime rate of 23
percent below average.
There have been no vice related violations at this location within the last
two years.
We do not oppose the reinstatement of this facility. However, in regard
to the hours of operation, in accordance with the Anaheim Municipal
Code section 4.29.110.0210 all facilities must close at 12 midnight. If a
client comes in at 11:30 the massage must be completed and the
business closed at Midnight.
The Police Department would be in favor of a 5 year time limitation on
their Conditional Use Permit.
If you have any further questions you may contact me at ext. 1451.
f:\home\mmirwln\CUP 2005-05051 Golden Pain Centecdoc
Anaheim Police Dept.
425 S. Harbor Blvd.
Anaheim, CA 92805
TEL: 714.765.1401
FAX: 714.765.1665
Attachment -Item No. 5
205@ S Endid Ave Softe H
A~e~lm, eA 9ztm2
(71CI534.619t
~ ~ ~
November 8, 2005
City of Anaheim
Planning Department
200 S. Anaheim Blvd.
Anaheim, CA 92805
Re: Modification of Operation Hours
To: Planning Commlaslottara
1, Sun Hui Ko, am the business owner of Golden Pain Control therapeutic massage establishment and
1 would like to request 2 hoots of operation time extension. Currently our CUP condition says
Operation Hours from I OAM to 9PM, however I get a lot of requests from our client/patienu for
openltg little bit earlier and closing little bit later.
1 would Ike to aaotnmodate our business hatus far my clients if I get the pettttission from your
Tearing. 1 think this business hour modifitation will be a benefit for my clients and for my business
also. I wish to hear good result from Planning Commissioners' meeting.
Sincerely,
Sun Hm K' o
Golden Pain Control
cup ~a - 4 0 7 3
Attachment -Item fVo. 5
Harlo-Kinder l.td. Partnership
(dba) Camphor Tiee Plaza @
2054-2060-2090 S. Euclid Avenue
Anaheim, CA 92802
Office Mailing
8718 E. Imperial Highway 9606 Pangbom Avenue
Downey, CA 90242 Downey, CA 90240
(562) 869-5732 (Bus) (217) 590A807 (Cell) (562) 869-! 142 (Fax)
October 26, 2005
City of Anaheim
Planning Department
Planning Services Division
200 S. Anaheim Blvd.
Anaheim, CA 92805
Re: Deletion of Time Restriction
To Whom It May Concern:
We are the owner of the shopping center called Camphor Tree Plaza located on Euclid
and Orangewood in Anaheim, CA.
Our tenant Golden Pain Control located at 2054 S. Euclid Suite "H" wishes the deletion
of a time restriction for her use permit/vaziance at her business.
We are in full agreement that she be allowed her use permit/vaziance without any time
restrictions. She has run her establishment in accordance with all the legal rules and
requirements of a therapeutic massage establishment and thus has established herself and
her clinic within the community as a trusted professional in her field.
CUP ~Q - 4 0 7 3
ITEM NO. 5
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C-G RCL 56-57-75 CUP 464
RCL 56-57-75 T-CUP 2001-04473 VAR 24916
- T-CUP 2003-0477C CUP 327 SERV 6TN,
T-CUP 2002-0451 ADJ 2001-00215
N CUP 2670 WALGREENS C-G
(CUP 2442) PHARMACY RCL 607-67
RESTAURANT T-CUP 2p01-04473
CUP 1073
CUP 149
SMALL SHOPS
C-G
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3 DU EACH VAR 990
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SMALL SHOPS
Conditional Use Permit No. 2670 Subject Property
TRACKING NO. CUP2005-05048 Date: January 9, 2006
Scale: 1" = 200'
Requested By: BEATRICE QUINTERO Q.S. No. 45
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REQUEST TO AMEND A CONDITION OF APPROVAL PERTAINING TO HOURS OF OPERATION FOR A
PREVIOUSLY-APPROVED SEMI-ENCLOSED RESTAURANT WITH THE SALE OF ALCOHOLIC
BEVERAGES FOR ON-PREMISES CONSUMPTION.
1750 West La Palma Avenue - EI Patio Restaurant
2111(2005-12-29)
LA PALMA AVENUE
Date of Aerial Photo: May 2002
Conditional Use Permit No. 2670
TRACKING NO. CUP2005-p5048
Requested By: BEATRICE QUINTERO
Subject Property
Date: January 9, 2006
Scale: 1" = 200'
Q.S. No. 45
REQUEST TO AMEND A CONDITION OF APPROVAL PERTAINING TO HOURS OF OPERATION FOR A
PREVIOUSLY-APPROVED SEMI-ENCLOSED RESTAURANT WITH THE SALE OF ALCOHOLIC
BEVERAGES FOR ON-PREMISES CONSUMPTION.
1750 West La Palma Avenue - EI Patio Restaurant
zi i ~ Izoosiz-zsl
Staff Report to the
Planning Commission
January 9, 2006
Item No. 6
6a. CEQA CATEGORICAL EXEMPTION- CLASS t (Motion)
6b. CONDITIONAL USE PERMIT N0: 2670 (Resolution)
(TRACKING NO. CUP2005-05048)
SITE LOCATION AND DESCRIPTION:
(1) This rectangularly-shaped, 1.12-acre property is located at the southeast corner of La Palma
Avenue and Mohican Avenue, having frontages of 175 feet on the south side of La Palma
Avenue and 275 feet on the east side of Mohican Avenue (1750 West La Palma Avenue-
EI Patio Restaurant).
REQUEST:
(2) The petitioner. requests amendment to a condition of approval pertaining to hours of operation
for apreviously-approved semi-enclosed restaurant with the sale of alcoholic beverages for
on-premises consumptioh* under authority of Code Section 18:60.060: >
*Advertised as on -premises consumpfion and a public dance hall
BACKGROUND:
(3) This property is currently developed with a restaurant and is zoned C-G (General
Commercial): The Anaheim General Plan designates this property for General Commercial
land uses and surrounding properties as follows: Corridor Residential to the north (across La
Palma Avenue), General Commercial to the east, Low-Medium Density Residential to the
south and Low bensity Residential td the west (across Mohican Avenue).
(4) Conditional Use Permit No. 2670 (to permit on=premisessale and consumption of alcoholic
beverages in asemi-enclosed restaurant) was approved by the Plarning Commission on April.
1, 1985, On June 17, 2002, the Commissiondenied aYequest to amend a condition of
apprdval pertaining to hours of operation antl to permit a public dance hall asap accessory
use with on-premises sale and consumption of alcoholic beverages: On August 27, 2002, the
City Council considered tfte applicant's appeal of the Commission's denial.: Council continued
the item to the October'15, 2002; Council meeting and referred the matter back to the
Commission for re-evaluation of a new method of operation that the applicant was
considering.' On October 15, 2002, the City Council adopted Resolution Nd: 2002R-221,
approving the`applicant's ~equest,'in part, to modify the hours of operation for a period of one
year; and denvin the public dance hall. On December`16, 2003, the Councif approved the
request to amend a condition of approval fo~the hours of operatidnfor a periotl'of two (2)
years (to expire on October 14,.2005).
SR-CUP2670akv
Page 1
Staff Report to the
Planning Commission
January 9, 2006.
item No. 6
(5) Resolution No. 2003R-244, adopted in conjunction with tfte'modificatidn of Cohditionaf lJse
Permit No. 2670 on December 16, 2003, contains the following condition of approval
"1. That through October 14, 2005 (for a period of two years), the hours bf operation shall be
limited to the following:
Sunday, Monday, Tuesday and Thursday: 11 i00 a.m. to midnight
Wednesday, Friday, Saturday,
and the following holidays:. 11:00 a.m. to 1:30 a.m.
New Year's Eve New Year's Day Valentine's Day
Father's Day Fourth of July Labor Day
Halloween Thanksgiving Christmas Eve
Christmas Day r
Mother's Day (Celebrated in Mexico) -May 10~h
Mother's Day {Celebrated in the U.S.)
That effective October 15, 2005, the hours of operation shall be; and shall remain thereafter,
as follows:
Daily (severe days a week): 11:00 a:m. to 11:00 p.m:'
View of subject property looking south from La Palma Avenue
Page 2
Staff Report to the
Planning Commission
January 9, 2006
Item No. 6
DISCUSSION:
(6) The petitioner:. proposes to amend a condition of approval pertaining to hours of operation in
conjunction with a previously approved semi-enclosed:restaurent with on-premises sale and
consumption of alcoholic beverages. David Swerdlirt, an attorney for the business owner, has
submitted a letter requesting that Condition No: 1 of Resolution<No: 2003R-244 be modified to
allow the hours of operation lobe extended id 11:00`a.m: to 2:OO a.m.. daily.
(7) The Community Preservation Division has submitted the attached memorandum dated
December 8, 2005, pertaining to aproperty compliance inspection conducted'on December 3,
2005. The memorandum. indicates that the restaurant appears td be operating in compliance
with all conditions of approval contained within Resolution No. 2003R-244: The memorandum
also indicates that there have been sixteen (16) complaints regarding refuse and water within
the 20 foot alley to the south of the property, but each of the violations were corrected in a
timely manner:
(8) The Anaheim Police Department submitted the attached memorandum, dated December 22,
2005; regarding the request for extended hours of operation for the existing restaurant: The.
restaurant is located in Reporting Djstrict 1521, which has a crime rate of 245 percent above
average.. Reporting Districts to the north, south, east and west are also above the citywide
average, Tne Anaheim PoliceDepartmentkas indicated l3 calls fdr service from November,
2004 through tJovember; 2005. These calls included: 3 alartn,:7disturbing fie peace, 1 felony ;
assault, 2 battery, 2 hifand run, 1 petty theft, 1 fight, 1,recover Idst or stolen property: Of
these calls, 5 repbrts were taken,'which included: T lost or stoleh, 1 felony assault, 2 hifand
run, and T petty theft. Since the calls to service and7epdrts taken at this business have
subsided over the past year, the Anaheim Police Department does not oppose this request.
(g) Although this reporting district and surrounding districts have crime rates above citywide.
average, the number. end severity of the calls. for service to the business were reduced from
the previous year. The business owner and security company have been successful at
controlling the business operations and the parking lot. Because the business is currently
operatingJn compliance with altconditidns of approval and because the number of calls for
service has been reduced, staff recommendsa°proval of the request for an extehsion of the
hoursof operation.
ENVIRONMENTALiMPACT ANALYSIS:
(10) The Planning Director's authorized representative has determined that the proposed project
falls within the definition of Categorical Exemptions,. Section,15301, Class 1 (Existing
Facilities), as defined ih the State CEQA Guidelines and is, therefore, exempt from the.
requirement td prepare additional environmental documentation.
FINDINGS:
(11) Before the Commission grants any conditional use permit or a major amendment to an
existing 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
Page 3
Staff Report to the
Planning Commission
January 9, 2006
Item No. 6
authorized by this code, or is an unlisted use as defined in subsection .030 (Unlisted
Uses Permitted) of Section 18.66.040 {Approval Authority);
(b) :That the proposed use will hot adversely affect the'adjoining land uses or the
growth and development of the area in' which it is proposed to be located;
(c)` That the size and shape of the site proposed for the use is adequate to allow
the full developmentof the proposed use in a manner hot dettimehtaf to the particular
area or to health and safety;.
(d) That the traffic generated by the proposed use wilt not impose an undue
burdenvpon 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 health and safety of the citizens of the City of
Anaheim:
(12) The Planning Commission may modify any active land use permit oh the basis of evidence
and testimony submitted at the fiearing', if it finds the following:
(a) That any such modification,. including the imposition of any additional conditions, is
'reasonably necessary to protect the public peace, health, safety or gener'a6welfa~e;
brnecessary to permit reasortable operation under the permifas granted:
RECOMMENDATION;
(13) Staff recommends that, unless additional or contrary testimony is received during the meeting,
and based' upoh the evidence submitted to the Commission; including the evidence presented.
in this staff report, andbraf and written evidence presented at thepublic hearing; that the
Cbmmission take the following actionsr'
(a) By motion, determine that theproject is Categorically Exempt under Section 15301,
Class i (Existing Facilities) of the CEQA Guidelines.
(b) By resolution, a rove this request for an amendment to a condition of approval for.
Conditional Use Permit No. 2670 (Tracking No: CUP 2005-05048) pertaining to hours of
operation in conjunction with a previously approved semi-enclosed restaurant with on-
p~emises'sate and consumption'of alcoholic beverages by adopting theettached
resblution including the findings and conditions cohtained therein:
Page 4
[®RAFT]
RESOLUTION NO. PC2006-*'"
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
AMENDING CERTAIN CONDITIONS OF APPROVAL OF
RESOLUTION NO.2003R-244, ADOPTED IN CONNECTION WITH
CONDITIONAL USE PERMIT NO. 2670. -
WHEREAS, on April 1, 1985, the Anaheim Ciry Planning Commission did,'bytts Resolution.
No. PC85-84, grant Conditional Use Permit No. 2670 to permit on-premises sale and consumption of
alcoholic beverages in asemi-enclosed restaurant at 1750 West La Palma Avenue; and that Condition No. 6
of said resolution specifies that the hours of operation shall be limited to 11:00 a.m. to 11 p.m., seven days a
week; and
WHEREAS, on October 15, 2002,. the Anaheim City Council: did, by its Resolution No. 2002R-
221, amend certain conditions of approval of said Resolution No. PC85-84, including Condition No. 1 to read
as follows:
"1. That the hours of operation shall be limited to 11:00 a.m. to midnight; Sunday, Monday;
Tuesday and Thursday; and 11:00 a.m. to 1:30 a:m. on Wednesday, Friday and
Saturday; provided, however, that effective October 15, 2003, said hours of operation
shall be and remain thereafter as follows: 11:00 a.m. to 11:00 p.m:, seven days a
week."
WHEREAS, on December 18, 2003, the Anaheim City Council did, by its Resolution No.
2003R-244, amend certain conditions of approval of said Resolution No: PC85-84, including Condition No. T
to read as follows:
"1. .That through October 14, 2005 (for a period of two years), the hours of operation shall be limited to
the following:...
Sunday, Monday, Tuesday and Thursday: 11:00 a.m. to midnight
Wednesday, Friday, Saturday,
and the fallowing holidays: 11:00 a.m. to 1:30 a.m.
New Year's Eve New Year's Day Valentine's Day
Father's bay Fourth of July. Labor Day
Halloween Thanksgiving Christmas Eve Christmas Day
Mother's Day (Celebrated in Mexico) -May 10`h
Mother's Day (Celebrated in the U.S.)
That effective October 15, 2005, the hours of operation shall be, and shall remain thereafter, as
follows:
Daily (seven days a week): 11:00 a.m. to 11:00 p.m."
WHEREAS, the Anaheim Planning Commission did receive a verified application for
.amendment of Conditional Use Permit for certain real property situated in the City of Anaheim, County of
Orange, State of California, described as:
SAID NORHTEAST QUARTER, 191.00 FEET; THENCE SOUTH 0 DEG. 18' 37" EAST PARALLEL
WITH THE WEST LINE OF SAID NORTH HALF, 332.12 FEET TO A POINT IN THE SOUTH LINE
Cr\PC2006-0 -1- PC2006-
OF THE SAID NORTH HALF; THENCE SOUTH 89 DEG. 50' 3"WEST ALONG THE SOUTH LINE
OF SAID NORTH HALF, 191.00 FEET TO THE SOUTHWEST CORNER OF SAID NORTH HALF:
THENCE NORTH 0 DEG. 18' 37"WEST ALONG?HE WEST LINE OF SAID NORTH HALF,'33:91
FEET TO THE POINT OF BEGINNING
WHEREAS, under authority of Section 18.60.060 of the Anaheim Municipal Code, the
petitioner has requested an amendment to Condition No. 1 of Conditional Use Permit No. 2670 pertaining to
the permitted hours of operation for the previously approved semi-enclosed restaurant with on-premises sale
and consumption of alcoholic beverages, to expand the hours of operation to 11:00 a.m. to 2 a.m., daily; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on January 9, 2006, at 2:30 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 18.60, 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 use, as amended, will not adversely affect the adjoining land uses and the growth and
development of the area in which it is located; and that although the underlying reporting district and the
surrounding districts have crime rates above the citywide average, calls for service to this business were
reduced compared to the number of calls for the previous year; and that because the business is currently
operating in compliance with all terms and conditions of approval, and the use has not been operated so as to
constitute a nuisance, extending the hours of operation will not be detrimental to the peace, health and safetybf
the citizens of the City of Anaheim.
2: That the size and shape of the site for the use; as amended, is adequate fo allow full
development of the proposal in a manner not detrimental to the particular area nor to the peace, health, and
safety.
3. That the traffic generated by the use, as amended, will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area
4. That the expanded hours of operation for the semi-enclosed restaurant with on-sale alcoholic
beverages are necessary to permit reasonable operation under Conditional Use Permit No. 2670 as
originally granted; and that modifying the hours, as evidenced by the reduction in calls for service, would not
negatively affect the peace, health and safety of the surrounding area
5. That "' indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition tc the subject petition:
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Commission
concurs with staffs determination that the proposed project falls within the definition of Categorical
Exemptions, Section 15301, Class 1 (Existing Facilities), as defined in the State CEQA Guidelines and is,
therefore, exempt from the requirement to prepare additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby
found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the
safety and general welfare of the Citizens of the City of Anaheim:
1. That the hours of operation shall be limited to 11:00 a.m. to 2 a.m:, seven days a week..
-2- PC2006-
2. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dead.
3. That the on-site landscaping and irrigation system shall be maintained in compliance with City standards.
4. That all doors serving the restaurant shall conform to Uniform Fire Code requirements and shall tie kept
closed at all times during operation of the premises except for ingresslegress, deliveries and emergencies.
5. That all existing and proposed roof-mounted equipment (including the existing satellite dish) shall be
completely screened from view in all directions by properly maintained design elements of the building.
6. That the establishment shall be operated as a "Bona Flde Public Eating Place" as defined by Section
23038 of the California Business and Professions Code.
7. That food service with a full meal shall be available from opening time until closing time; do each day of
operation.
8. That there shall be no pool tables, vending machines or arcade devices maintaihed upon the premises at
any time..
9. That subject alcoholic beverage license shall not be exchanged for a public premises (bar) type ldense nor
shall the establishment be operated as a public premise as defined in Section 23039 of the Califomia
Business and Professions Code.
10. That the gross sales of alcoholic beverages shall not exceed 40 percentof gross sales of all retail sales
during any three (3) month period. The applicant shall maintain records on a quarterly basis indicating the
separate amounts of sales of beer and wine and other items. These records shall be made available for
inspection by any City of Anaheim official during reasonable business hours.
11. That there shall be no live entertainment, amplified music or dancing permitted on the premises at any time
without issuance of proper permits as required by the Anaheim Municipal Code.
12. That the sales of alcohol for off-premises consumption shall tieprohibited.'
13. That there shall be no exterior advertising of any kind or type, including advertising directed to the exterior
from within, promoting or indicating the availability of alcoholic beverages:
14. That the activities occurring in conjunction with the operation of this establishment shall not cause noise
disturbance o surrounding properties.
15. That the parking lot serving the premises shalt be equipped with lighting of sufficient power to illuminate
and make easily discernible the appearance and conduct of all persons on or about the parking lot Said
lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate
the windows of nearby residences.
16. That the business operator. shall comply with Section 24200,5 of the Business and Professions Code so as
not to employ or permit any persons to solicit or encourage others, directly or indirectly, to buy them drinks
in the licensed premises under any commission, percentage, salary, or other profit-sharing plan, scheme or
conspiracy.
17. That there shall be no public telephones on the premises located outside the building.
18. That signage shall be limited to existing and approved signs. That temporary signs and other advertising
devices shall not be permitted except when in connection with an approved Special Event Permit.
-3- PC2006-
19. That no advertising or identification of any type shall be permitted on any outdoor furniture or equipment
including umbrellas, by illustration, text or any other means of visual communication.
20. That the property shall be permanently maintained in an orderly fashion by providing regular landscape
maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of
occurrence.:
21. That four (4) foot high address numbers shall be displayed on the flat area of the roof in a contrasting color
to the roof material, provided the numbers shall not be visible from the street or adjacent properties:
22. 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, 2 and 3 as conditioned herein:
23. That trash storage areas shall be maintained to the satisfaction of the Public Works Department, Streets
and Sanitation Division to comply with approved plans on file with said Department.
24. That a minimum of four (4) licensed uniformed security guards, approved by the Anaheim Police
Department, shall be provided on the premises specifically to provide security, and to discourage
vandalism, trespass andlor loitering upon or adjacent to the subject property. Said security guards shall
remain on-duty as determined appropriate by the Anaheim Police Department.
25. That the landscape planters shall be permanently maintained with live and healthy plant materials.
26. That no admission fee, cover charge, advance payment for meals collected at the door, or similar fees
shall be imposed on patrons as a condition of entry to the premises..
27. 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 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.
BE IT FURTHER RESOLVED that the applicant is responsible. for paying all charges related
to the processing of this discretionary case application within 15 days of the issuance of the final invoice or
prior to the issuance of building permits for this project, whichever occurs first.. Failure to pay all charges
shall result in delays in the issuance of required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 9, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60., "Zoning
Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeal;
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-4- PC200fi-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM j
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, dp hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on January 9, 2006, 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
2006.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-5- PC2006-
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pC~+ity orr uryfp.~('^',~A~jnypa~uhelpirmQ Ip@/~y{ I~pTryp1 Attachment- Item IVo. 6
Y ®" "YV~ JV ~Y 1`'~~~lYd~1V 8
Special Operations Division
To: Amy Vazquez
Planning Department
From: Sergeant Mike Lozeau
Vice Detail
Date: December 22, 2005
RE: CUP 2005-05048
El Patio Restaurant
1750 W. La Palma
Anaheim, CA 92801
The Police Department received an I.D.C. Route Sheet for Conditional
Use Permit 2005-05048. The applicant is requesting to amend the
conditions of approval to extend the hours of operation for an existing
restaurant and public dance hall to stay open until 2:00 am every night.
The location is within Reporting District 1521, which has a crime rate of
245 percent above average. The Reporting District to the north is 1421
and has a crime rate of 94 percent above average. The Reporting
District to the south is the 1621 and has a crime rate of 64 percent
above average. The Reporting District to the west is 1520 and has a
crime rate of 12 percent above average. The Reporting District to the
east is 1522 and has a crime rate of 168 percent above average.
Anaheim Police Dept.
425 S. Harbor Blvd.
Anaheim, CA 92805
'rEL: 714.765. ] 401
FAX: 7]4.765.!665
From November 2004 thru November 2005 this location had 13 calls for
service related to the business. These calls consist of: 3 alarm,.2
disturbing the peace, 1 felony assault, 2 battery, 2 hit and run, 1 petty
theft, 1 fight, 1 recover lost or stolen property.
Of the above listed calls for service 5 reports were taken. These reports
consist of 1 lost or stolen, 1 felony assault, 2 hit and run, and 1 petty
theft.
The Anaheim Police Department would recommend approval of this
request. This business has proven to be cooperative and calls for
service have gone down to this location. All other conditions still apply.
f:\homa\mmirwin12005.0504a EI Patio3.doc
Attachment -Item No. 6
19'IEMORANDUlO~I
CITY OF ANAHEIM
Community Preservation Division
DATE: DECEMBER 8, 2005
TO: AMY VAZQUEZ, PLANNER
FROM: DON YOURSTONE, SENIOR COMMUNITY PRESERVATION OFFICER
SUBJECT: EL PATIO RESTAURANT, 1750 W. LA PALMA AVE. REINSTATEMENT OF
CONDITIONAL USE PERMIT 2670
This memo is written in response to your request for information regarding El Patio Restaurant
located at 1750 W. La Palma Ave.
Community Preservation records indicate since 1/6/05 sixteen citizen complaints have been
received regazding refuse and waste matter and graffiti in the 20 foot alley easement located on
the south side of the properly. All of the violations have been corrected.
If Conditional Use Permit # 2670 is approved this would eliminate any further refuse and waste
matter or graffiti in this area.
On December 3, 2005, I conducted an inspection of the El Patio Restaurant and was met by the
owner Beatrice Quintero. During my inspection the business was open and operating within the
conditions of approval for Condifional Use Permit # 2670.
If you need further information regarding this matter, please feel free to contact me at ext. 4451.
mI004dy
Attachment -Item No. 6
RESOLUTION NO. 2oo3R-244
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO CERTAIN
CONDITIONS OF APPROVAL IN CONDITIONAL USE PERMIT
NO.2670 AND .EMENDING RESOLUTION NO. PC85-84, AS
AMENDED..
WHEREAS, on April 1, 1985, the Anaheim City Planning Commission did, by its
Resolution No. PC85-84; grant Conditional Use Permit No. 2670 to permit on-sale alcoholic
beverages in asemi-enclosed restaurant at 1750 West La Palma Avenue; and that Condition No. 6
of said resolution specifies that the hours of operation shallbe limited to 1 I:00 a:m. to I 1 p.m.,
seven days a week; and
WHEREAS, on October 15 2002', the Anaheim City Council did, by its Resolution
No. 2002R-221, amend certain conditions of approval of said Resolution No. PC85-84, including
Condition No. 1 to'read as follows:
"1. That the hours of operation shall be limited to 11:00 a:m. to midnight,
Sunday, Monday, Tuesday and Thursday; and ] 1:00 a.m. to ]:30 a.m. on
Wednesday, Friday and Saturday; provided, however, that effective October 15,
2003, said hours bf operatioa shall be and remain thereafter as follows: I T:00
a.m. to 11:00 p.m., seven days a week."
WHEREAS, the City Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on October 20, 2003, at 1:30 p.m., notice of said public hearing
having been duly given as required by law and in accordance «1th the provisions of the Anaheim
Municipal Code, Chapter 18.03, to heaz 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, adopted its Resolution No: PC2003-139 amending and restating the conditions of approval
in Conditional Use Permit No. 2670; and
WHEREAS, within the time permitted by law, the applicant did appeal said Flanning
Commission decision to the Cit}• Council of the City'of Anaheim; and
WHEREAS, the City Council held a duly noticed public hearing on December 16,
2003, at which hearing the City Council did receive and consider evidence, both oral and
documentary, relating to said request; and '
WHEREAS, the City Council hereby finds and determines that the amendment of
said conditions of approval in the manner hereinafrer set forth is reasonably necessary to protect the
public peace, health, safet}• or general welfare, or necessary to permit reasonable operation under
said conditional usepermit_
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Anaheim that the conditions of approval in Conditional Use Permit No. 2670 as heretofore imposed
in Resolution No. PC85-84, as amended and restated in Resolution No. 2002R-221 be, and the same
aze hereby, amended and restated in their entirety:
"1. That through October ] 4, 2005 (for a period of two years), the hours of operation shall be
limited to the following:
Sunday, Monday, Tuesday and Thursday: 11:00 a.m. to midnight
Wednesday, Friday, Saturday,
and the following holidays: 11:00 a.m. to 1:30 a.m.
New Yeaz's Eve. ..New Yeaz's Day Valentine's Day
Father's Day Fourth of July Labor Day
Halloween Thanksgiving Christmas Eve
Christmas Day
Mother's Day (Celebrated in Mexico) -May 10th
Mather's Day (Celebrated in the U.SJ
as follows:
Daily (seven days a week):. 11:00 a.m. to 11:00 p.m."
2. That any tree planted on-site shall be replaced in a timely manner in the event that it is
removed, damaged, diseased and/or dies.
3. That the on-site landscaping and irrigation system shall be maintained in compliance with
City of Anaheim standazds.
4. That all doors serving the restaurant shall conform to Uniform Fire Code requirements and
shall be kept closed at all times during operation of the prenuses except for ingress/egress, deliveries
and emergencies.
5. That all existing and proposed roof-mounted equipment (including the existing satellite dish)
shall be completely screened from view In all directions by properly maintained design elements of
the building.
6. That the establishment shall be operated as a "bona fide public eating place" as defined by
Section 23038 of the California Business and Professions Code.
7. That food service with full meals shall be available from opening time until closing time on
each day of operation.
8. That there shall be no pool tables, vending machines or azcade devices maintained upon the
premises at any time.
That effective October 15,2005, the hours of operation shall be, and shall remain thereafter,
- 2 -
9. That subject alcoholic beverage license shall not be exchanged fora "public premises" (baz),
type license nor shall the establishment be operated as a "public premises" as defined in Section
23039 of the California Business and Professions Code.
l 0. That the gross sale of alcoholic beverages shall. not exceed forty percent (40%) of the gross
sales of all retail sales during any three (3) month period. The applicant shall maintain records on a
quarterly basis indicating the sepazate amounts ofsales of beer and wine and other items. These
records shall be made available for inspection by any City of Anaheim official during reasonable
business hours.
11. That there shall be no live entertainment, amplified music or dancing permitted on the:
premises at anytime without the proper permits having first been issued, as required by the
Anaheim Municipal Code.
12. That the sales of alcoholic beverages for off-premises consumption shall be prohibited.
13. That there shall be no exterior advertising of any kind or type, including advertising directed
to the exterior of the. building from inside, promoting or indicating the availability of alcoholic
beverages.
14. That the activities occurring in conjunction with the operation of this establishment shall not
cause noise disturbance to surrounding properties.
15. That the parking lot serving the premises shall be equipped with lighting of sufficient power
to illuminate and make easily discernible the appeazance and conduct of all persons on or about the
pazking lot. Said lighting shall be directed, positionedmmd shielded in such a manner so as not to
unreasonably illuminate the windows of neazby residences.
16. That the business operator shall comply with Section 24200.5 of the Business and
Professions Code so as not to employ or permit any persons to solicit or encourage others, directly
or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary,
or other profit-sharing plan, scheme or conspiracy.
17. That there shall be no public telephones on the premises, which telephones are located
outside the building.
18. That signage shall be limited to the existing and approved signs; and that temporary signs
and other advertising devices shall not be permitted except in connection with a Special Event
Permit approved and issued by the Planning Department.
19. That no advertising or identification of any type shall be permitted on any outdoor furniture
or equipment, including umbrellas, by illustration, text or any other means of visual communication.
20. That the property shall be permanently maintained in an orderly fashion through the
provision of regulaz landscaping maintenance; removal of trash or debris, and removal of graffiti
within twenty four (24) hours from time of occurrence.
- 3 -
21. That four (4) foot high address numbers shall be displayed on the flat azea of the building..
roof in a contrasting color. to the roof material, provided that the numbers shall not be visible from
adjacent streets or properties.
22. 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, 2 and 3, as conditioned herein.
23. That trash storage azeas shall be maintained to the satisfaction of the Public Works
Department, Streets and Sanitation Division, and in compliance with approved plans on file with
said Department.
24. That a minimum of four (4) licensed uniformed security guards, approved by the Anaheim
Police Department, shall be provided on the premises specifically to provide security and to
discourage vandalism, trespass and/or loitering upon or adjacent to the subject property. Said
security guards shall remain on-duty as determined to be appropriate by the Police Department.
25. That the landscape planters shall be permanently maintained with live and healthy plants:
26. That approval of this proposal constitutes approval of the proposed request only to the extent
that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and
Federal regulations. Approval does not include any action or findings as to compliance or approval
of the request regazding .any other applicable ordinance, regulation or requirement.
" 27. That no admission fee, cover chazge, advance payment for meals collected at the door; or
similaz fees shall be imposed on patrons as a condition of entry to the premises:"
BE IT FURTHER RESOLVED that, except as expressly amended herein, Resolution
No. PC85-84, as amended, shall remain in full forceand effect:
THE FOREGOING RESOLUTION is approved and adopted by the City Council of
the City of Anaheim this lb`^ day of December, 2003.
MAYOR OF CI OF ANAHEIM
ATTEST:
i
C Y CLE OFT CITY OF ANAHEIM
6?469,1
- 4 -
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 2003R-244 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 16th day of December 2003, by the following vote of the
members thereof:
AYES: MAYOR/COUNCIL MEMBERS:
NOES: MAYOR/COUNCIL MEMBERS:
ABSTAINED: MAYOR/COUNCIL MEMBERS:
ABSENT: MAYOR/COUNCIL MEMBERS:
Pringle, Tait, Chavez, Hernandez
None
None
McCracken
~.~t.ey~>C' 71J~-~ c.~ c~llc-~
G~ITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
ITEM NQ 7
BRYSO
~N STREET
SP94-1 SC)
RCL 6566-54 (29)
RCCLILPfi356p6-13
CUP 2822
VAR 3636
VAR 2870
ADJ 0143
SMALL INDUSTRIAL
FIRM
RRCL 65.664 (2g)
1
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VACANT NVI
ARTp
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212
CUP 1869
VACANT SP 941 (SC)
DA2
Sp
RC(6~'1 (SC RCL 65.66.24 (29)
RCL 6566-13
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VAR 2878
CENTRAL VIDEO
INCORPORATED
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RCL 6566-24 1291
CUP 3626
CUP 3010
VAR 4732
VAR 4704
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IND. OFFICE BLDG.
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Conditional Use Permit No. 2005-05042 Subject Property
Date; January 9, 2006
Scale: Graphic
Requested By: TURNER ANAHEIM LLC Q.S. No. 166
REQUEST TO ESTABLISH A CHURCH IN AN EXISTING INDUSTRIAL/OFFICE COMPLEX
WITH WAIVER OF MINIMUM NUMBER OF PARKING SPACES.
1251 North Manassero Street, Suites 403 and 404
znz
Conditional Use Permit No. 2005-05042 Subject Property
Date: January 9, 2006
Scale: Graphic
Requested By: TURNER ANAHEIM LLC O,S. No. 166
REQUEST TO ESTABLISH A CHURCH IN AN EXISTING INDUSTRIAL/OFFICE COMPLEX
WITH WAIVER OF MINIMUM NUMBER OF PARKING SPACES.
1251 North Manassero Street, Suites 403 and 404
z>>z
Staff Report to the
Planning Commission
January 9, 2006
Item No. 7
7a. CEQA NEGATIVE DECLARATION. (Motion)
7b. WAIVER OF CODE REQUIREMENT (Motion)
7c. CONDITIONAL USE PERMIT NO. 2005-05042 (Resolution)
SITE LOCATION AND DESCRIPTION:.
(1) This irregularly-shaped; 8.1-acre property; is located at the northwest corner of La Palma
Avenue'and Manassero Street; and has frontages of 483 feetbnYhe north side pf La Palma'
Avenue, 538 feet on the west side of Manassero Street; and 208 feet on the east side of
Hancock Street (1251 North Manassero Street- Suites 403 and 404)
REQUEST:
(2) The applicant request approval of a ConditionalUse Permit under authority of Code Section
18.120.070.050.0511. to establish a church within an existing ndustrtallofficernmplex with
waiver of the following:
SECTION NO. 18.42.040.010 Minimum number of parking spaces
478 required; 415 existing and recommended
by the City's Independent Traffic Consultant)
BACKGROUND:
(3) This property is developed with seven industrial/office buildings and is zoned SP94-1;
Developmeht Area 2 (Northeast Industrial Specific Plan, Expanded Industrial Area): Thee.
Anaheim General Plan designates the site for Industrial land uses and'further designates.
all surrounding properties for General Industrial land uses. The property s'also(located in
the Merged Redevelopment Project Area :;
PREVIOUS ZONING ACTIONS:
(4) The following zoning actions have occurred on the subjecf property:
(a) Conditional Use Permit No: 3752 (to permit a dance studio/school) was approved by
the Planning Commission on May1, 1995.
(b) Variance No. 3838 (waiver of required lot frontage to establish a 4-parcel
subdivision) was approved by the Planning Commission on September 8, 1988.
(c) Conditional Use Permit No. 2922 {to permit industrial-related office uses) was
approved by the Planning Commission on September 28, 1987..
(d) Variance No. 2878 (waiver of requirement that all lots abut a public street to
establish a 27-lot industrial subdivision) was granted by the Planning Commission
on November 22, 1976.
SRCUP2005-05042.DOC
Page 1
Staff Report to the
Planning Commission
January 9, 2006
Item No. 7
DEVELOPMENT PROPOSAL:
(5) The applicant is requesting approval of a conditional use permit to establish a 4,800 square
foot church in an existing 13,425 square foot industrial building within an existing 7 building
industrialloffice complex.
(5) r The site plan {Exhibit No: 1) indicates an industrial pomplex with seven (7) industrial
buildings with common parking areas:. The proposed church. use would be located in a
building that is adjacent to Manassero Street. ,
(7) The floor plan (Exhibit No. 2) indicates that the church would consist of a 2,700 square foot
assembly area., six offices consisting of 950 square feet and 1,150 square feet of ancillary
uses (restrooms, hallways and baptism room)..
(8) Vehicular access to the site is provided via three (3) existing 25-footwide driveways from
Manassero Street, La Palma Avenue and Hancock Street: Plans indicate a total of 415
existing on-site parking spaces for this property: Code requires 478 spaces based on the
following:.
(9), The following photo indicates aone-story industrial type building:
CODE-REQUIRED ! pARKING
USE SQUARE FEET PARKING RATIO ,REQUIRED
`(per 1,000 sq. ft.)
Church Assembly 2,700. 29/1,000 s.f. 78
Area
Office use for g50 4/1000 s.f. 4'
church
Ancillary Uses
Restrooms, 1,150 N/A N/A
hallways, baptism
room
Retail uses 19,304 5.5/1,000 s.f: 106
Office Use 54,934 4/1,000 s.f. 220
Manufacturing '45,012. 1.55/1,OOOs.f; 70
TOTAL 124,050 478
Page 2
Staff Report to the
Planning Commission
January 9, 200fi
Item No. 7
church is not the exclusive'use of theproperty, that activities prior to 6100 p.m. during the
week shall be limited to church office staff. .
(14) The waiver pertains to the mlrtimum number of parking spaces. Code requires a minimum of
478 spaces for the entire industrialloffice/retail complex including the proposed church Use:.
Plans indicate 415 spaces provided. The City's independent Traffic Consultant has reviewed
the parkinganalysis and has determined that the proposed parking area referenced in the
study would tie sufficient for the proposed useson the property; Based upon the analysis
provided by the applicant and upon the recommendation of the City's independent Traffic
Consultant, staff recommends approval of this waiver based on the following findings:
"(a) That the waiver, under the cdnditions imposed, if any; will not cause fewer off-street
parking spaces to be provided for such use than the Number of such spaces
necessary o accommodate all vehicles attributable to'such use under the normal and
reasonable foreseeable conditions of operation of such use.
All of the site-required parking spaces will tie provided on-site. The parking
Yequiremenf as determined by the parkingstudy has been met and exceeded.
(b) That the waiver, under fhe conditions imposed, if any, will not increase the demand
ahd compefition for parking spaces upod the public streets in the immediate vicinity of
the proposed use.
The off-street parking area isproviding sufficient parking for this use. The drive aisles
through'thi5site are sufficient to accommodatethe site's anticipated traffic, and no
congestion will occur
(c) That the waiver, under the conditions imposed, if any,, will not increase the demand for
parking spaces uportadjaceht private property in the immediate vicinity of the
proposed use.
There is no existing on-street parking available along the project frontage on La Palma
r Avenue otManassero Street:: All parking for this site will be accommodated within the
off-street parking lot.
(d) That the waiver, under the conditions imposed, will not increase traffic congestion
within the off-streetparking areas'or lots provided for such user
All parking will tie provided immediately surrounding Building 4, along the nortfi and
east sides of the building, accessed via Manassero Street
(e) That the waiver, under the conditions imposed, will not impede vehicular ingress to or
egress frdm adjacent properties upoh the pu6licstreets in the immediate vicinfty of the
proposed use.
.The site wilt not impact the ingress or egress from any adjacent uses to the public.
sheets.
page 4
Staff Report to the
Planning Commission
January 9, 2006.
Item No. 7
FINDINGS:
(15) Section 18.42.110 of the parking code sets forth the following findings which are requiretl to
be made before a parking waiver is approved by the Planning Commission:
(a) That the waiver, under the conditohs imposed; if any, will hot cause fewer off-street
parking spaces to be provided for such use than the number' of such spaces
necessary to accommodate all vehicles attributable to such use under the normal and
reasonable foreseeable conditions of operation of such use.
(b) That the waiver, under the conditions imposed; if any, will not increase the demand
and competition for parking spaces upon the public streets in the immediate bicinity of
the proposed use.
(c) That the waiver; under the conditions imposed; if any, will not increase the demand for
parking spaces upon adjacent private property in the immediate vicinity of the
proposed use.
(d), That the waiver, under the conditions imposed, will not increase traffic congestipn
within the off-street parking areasor Iotsprovided for such use.
(e) That the waiver; untler the conditions imposed; will not impede vehicular ingress to or
egress frdm adjacent properties upon the public streets in the immediate vicinity of the
proposed use:
Unless conditions to the contrary are expressly imposed upon the granting of any waiver
pursuant to this section; the granting of the waiver shall be deemed contingent upon
operation of the proposed use in conformance with the assumptions7elating to the operation
and intensity df the use as contained in the Parking Demand Study that formed the basis for
approval of the waiver: Exceeding; violating; intensifying or otherwise deviating from any of
the assumptions as dontained in the Parking Demand Study shall be deemed a violation of
the expressoonditidhs imposed upon the waiver, whichshall subject the waiver to
revocatioh or modification pursuant to the provisions of Section 18:60.200 (City-Initiated:
Revocatidncr Modification of Permits).
{16) Before the Commission grants any conditional use permit, it must make a finding of fact that
the evidence presented shows that all of the following conditions exist:
(a) .That the use is properly one for which a conditional use permit is authorized by the
Zoning Code, or is an unlisted use as defined in Subsection ,030 (Unlisted Uses
Permitted) of Section 18.66.040 (Approval Authority);
(b) That the use will not adversely affect the adjoining land uses or the growth and
development of the area in which it is proposed to be located;
(c) That the sizeand shape of the site for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area.
or to the health and safety;
(d) That the traffic generated by the use will not impose an undue burden upon the.
streets and highways designed and improved to carry the traffic in the area; and
Page 5
Staff Report to the
Planning Commission
January 9, 2006
Item No. 7
(e) That :the granting of the conditional use permit under the conditions imposed, if any,
will not be detrimental to the health and safety of the citizens of the City of Ahaheim.
RECOMMENDATION: r'
(17) Staff recommends that, unless additional or contrary information is received during the
meeting; and based upon the evidence submitted td the Commission; ncluding2he evidence
presented in this staff report; ahd prat and written evidence presented at the public hearing,.
- that the Planning Commission approve the applicant's request by taking the following
actions:
(a) By motion, approve a Negative Declaration for the project.
(b) By motion, approve the waiver of minimum number of parking spaces (478
required; 415 existing) based on the findings contained in the parking study
prepared by the City's Independent Traffic ConsultanPand summarized in
paragraph (14) of this report.:.<
(p) By resolution, approve Conditional Use Permit No. 2005-05042 to establish a
church in an existing industrial/office complex 6y adopting the attached. resolution
including the findings and conditions contained herein.
Page 6
[®RAFT]
RESOLUTION NO. PC2006--"'
A RESOLUTION OF THE ANAHEIMPLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2005-05042 BE GRANTED
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California,
described as:
PARCEL 1 OF PARCEL MAP NO 87-150 IN THE CITY OFANAHEIM; COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 239 PAGES
48 TO 50 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
WHEREAS; the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on January 9, 2006, at 2:30 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 18.60, 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 18.120.070.050.0511 with the following waiver:
SECTION NO. 18.42.040.010 Minimum number of parking spaces
(478 required; 415 existing)
2. That the parking waiver is hereby approved based upon a parking analysis: prepared by the
City's Independent Traffic Engineer providing evidence that adequate parking exists on the property for the
combination of uses on the site.
3. That the parking waiver, under the conditions imposed, if any, will not cause fewer off-street
parking spaces to be provided for such use than the number of such spaces necessary to accommodate all
vehicles attributable to such use under the normal and reasonable foreseeable conditions of operation of
such use; as stipulated by the Zoning Code, where the church is not the exclusive use of the property,
church assembly can not occur before 6:00 p.m. except for church office activities. During the church hours
of operation, 386 parking spaces would available on-site.
4. That the parking waiver, under the conditions imposed, if any, will not increase traffic
congestion will not increase the demand and competition for parking spaces upon the public street in the
immediate vicinity of the use in that there is no existing on-street parking available along the project frontage
on La Palma Avenue. or Manassero Street. All parking for this site will be accommodated within the off-street
parking lot.
5. That the parking waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use
as all parking will be provided immediately surrounding Building 4 (subject use), along the north and east
sides of the building, acdessed via Manassero Street. As indicated by the study, no demand for parking on
adjacent private property is anticipated.
6. Thaf the parking waiver, under the conditions imposed if any, will not impede vehicular
ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the
Cr\PC2006-0 -1- PC2006-
proposed use. Furthermore, it has been determined by the parking study that adequate on-site parking
spaces are being provided.
7. That the use will not adversely affect the adjoining land uses or the growth and development
of the area in which it is proposed to be located as the parking study has demonstrated that the site can
accommodate the combined uses on site;
8. That the granting of the conditional use permit under the conditions imposed, if any; will not
be detrimental to the health and safety of the citizens of the City of Anaheim.
9. 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: That the Anaheim Planning
Commission has reviewed the proposal to establish a 4,800 square foot church in an existthg industrial/office
complex with waiver of minimum number of parking spaces; 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 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 this establishmeht shall be operated as a church only. If at any such time the operational
characteristics of the church change, a detailed description of the operational changes shall be
submitted for review by the City's Traffic and Parking Consultant to determine if the changes would
cause fewer off-street parking spaces to be provided than the number of spaces provided on site. If it
is determined the expected demand is greater than the spaces provided on site, an application for
medication of the conditional use permit shall be submitted to the Planning Services Division for
approval by the Planning Commission.
2. That church operations, with the exception of the administrative office, shall be kimited to the following:`
(a) Church Services: Sunday 10:00 a.m. and 11:30 a.m.
(b) Bible Study Wedhesday 7:00 p.m. to 9:00 p.m.
3. That this facility shall not be used as a private daycare, nursery, elementary, junior andlor senior high
school. Said information shall be specifically shown on plans submitted for building permits:
4. That all church activity; including the use of the parking lot'shall cease by 10:00 p.m., daily.
5. That no portable signs shall be utilized to advertise the church.
6. That signage shall tie limited to two existing walls signs` Any additional signs shall be submitted to the
Planning Services Division for review and approval: Anydecision by staff regarding signs may be'
appealed to the Planning Commission as a 'Report and Recommendation' item:
7. That the property shall be permanently maintained in an orderly fashion through the provisions of
regular landscaping maintenance, removal of trash or debris,' and removal of graffiti within twenty four
(24) hours from time of occurrence.
-2- PC2006-
8. That plans showing the existing building conditions and the applicable building codes for the church,
shall be submitted to the Building Division for review and approval to ensure compliance with such
Building Safety Code requirement (i.e., existing requirements and occupancy loads). Said plan5shafl
be prepared by a licensed architect and/or engineer.
9. That the on-site landscaping and irrigation system shall be maintained in compliance with City
standards.
10. That at no time shall there be any outdoor storage on the site for the church..
11. That four (4) foot high address numbers shall be displayed on the roof of thebulding in ddhtrasting
color to the roof material. The numbers shall not be visible to adjacent and nearbystreets or
properties. Said information shall be specifically shown on plans submitted to the Police Department,
Community Services Division, for review and approval
12. That the subject property shall be developed substantially in accordance with the plans and
specifications. submitted to the City of Anaheim by the petitioner and which plans are on file with the
Planning Department Exhibit Nos. 1 and 2 as conditioned herein.
13. That prior to issuance of a building permit, or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 8 and 11,above-mentioned, shall be complied with.
Extensions for further time to complete said conditions may be granted in accordance with Section
18.60.170 of the Anaheim Municipal Code.
14. That prior to final building and zoning inspections, Condition No. 12, above-mentioned, shall be
complied with.
15. 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 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.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related
to the processing of this discretionary case application within 15 days of the issuance of the final invoice or
prior to the commencement of the activity or issuance of building permits for this project, whichever occurs
first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of
the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 9, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeal.
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-3- PC2006-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on January 9, 2006, 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
2006.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-4- PC2006-
Attachment -Item No. 7
1251 Manassero Street
Anaheim dills Corporate Park, Anaheim, California
Prepared for:
Prepared by:
Raf q ~
flssoclates, I~ac.
November 2005
'Table of Co®tents
Section Page
I. Introduction 1
II. Project Location 1
III. Site Description 1
a. Existing Site 1
b. Proposed Site 1
a Characteristics 2
N. Site Uses 2
a. Off-Site Amenities 2
V. Pazking Requirements 2
VI. Site Parking Counts 3
VII. Methodology of Study 3
VIII. Findings 3
IX. Recommendations and Conclusions 4
X. Appendix: Parking Counts 4
WORD OF FAITH PENTECOSTAL CHiJRCH
PARKING STUDY ,
I. Introduction
The project applicant proposes to open a church in Suites 403 and 404 in Building 4 of
the Anaheim Hills Corporate Park:. The: suites are currently vacant... The church is
relocating. from. Chino,. California... The. Corporate Park contains seven individual
buildings with common parking areas.
This parking study is being done to determine whether the number of parking spaces
required by the City of Anaheim Municipal Code for a church will be available.. Since
the site has no ability to add additional parking spaces, the church relies on shared
parking with the other uses within the corporate park due: to the non-coincident hours of
use. The corporate. park tenants have predominantly weekday, daytime hours, and the
church proposes to be operating on Wednesday evenings and on Sunday mornings.
II. Project Location
The site is located in Building, 4 of the Anaheim Hills Corporate Park, ab 1251 Manassero
Street in Anaheim. The site is located approximately one mile east of the intersection of
La Palma Avenue and Lakeview Avenue, and approximately one mile from the Riverside
State Route 91 Freeway at Lakeview Avenue.
La Palma Avenue is a six lane major arterial with a continuous two-way left turn lane
along the project frontage... Manassero is a two-lane roadway: There is no curbside.
parking allowed along the project frontage on either street: The Corporate Park has two
accesses on Manassero Street, two on Hancock Street, and one on La Palma Avenue.
III. Site Description
a. Existing Site
The two existing suites that the church proposes to occupy are currently
vacant.
b. Proposed Site
The Word of Faith Pentecostal Church will occupy suites 403 and 404 within
Building 4 thatcontain a total size of 4,800 square feet. The assembly area is
approximately. 2,700 square feet. There will be six offices Ghat occupy 950
square feet. The remainder of the area constitutes hallways, a baptism room,
and restrooms, which are considered to be ancillary uses to the assembly hall.
Word of Faith Pentecostal Church 1 Rafiq & Associates, Inc.
No new structures or physicsi changes to the layout of the parking area are
contemplated. There are 55 parking spaces'. around Building 4. The total
number of parking spaces within the corporate park is 386. This site is parked
at the ratio of one space per 300 square feet. Based upon this ratio, these two
suites would have been allocated 16 parking spaces.
c. Characteristics
The seven buildings share drive aisles and a common, full access to La Palma
Avenue at the northerly side of the site, two access to Hancock Street along
the westerly side of the project, and two access to Manassero Street along the
north side of the site.
IV. Site Uses
The Corporate Park contains seven individual buildings that have 45 different tenants.
These tenants operate a wide variety of office and industrial businesses. Their hours of
operation are typically during business hours on weekdays.:
a. Offsite Amenities
There is an existing bus shelter located along the project frontage on La Palma
Avenue. -There are also mailboxes located along La Palma Avenue near the
southwest corner of the site. :
V. Parking Requirements
A 2,700 squaze foot church would require 78 parking spaces, based upon a parking,rate
of 29 per 1,000 square feet of assembly area. The offices would require 4 parking spaces
based upon a parking rate of 4 per 1,000 square feet: There are no kitchen facilities or
industrial .areas.
Comparison of Parking Requirements
Proposed Use vs. Number of Spaces Allocated to Suites 403-404
Pro osed Laud Use S uare Foota a Parkin Code Rate Number of Re wired S aces
Church Assembl Area 2,700 29/1,000 SF 78
Six offices 950 4/1,000 SF 4
Restrooms, hallwa s, ba tism room 1,150 Ancll uses 0
Total S aces Re aired b Code A800 82
Previous Land Use 3 uare Foota a Parkin Code Rate Number of Re aired S aces
Co orate Pazk, Suites 403 and 404.. 4,800 1/300 SF 16
I)ifiereuce Between Coderand Available: 66
(Ttie church does not propose any Sunday school or daycare uses J
Word of Faith Pentecostal Church 2 Rafiq & Associates, Inc.
Based on the proposed church uses, the site requires 82 parking spaces, and it has been
allocated only 16. It is short by 66 parking spaces. However, because the uses within
this corporate park have non-coincident hours of operation, parking counts have been
taken to determine whether there will be a sufficient supply of pazking spaces available
during the hours of operation of the church.
VI. Site Parking. Counts
Parking counts have been taken at this site to determine the usage of the parking stalls
during the hours of operation of the church, to see if a shared parking arrangement is
possible, due to the non-coincident hours of usage.
Parking counts were taken on Sunday, October 30, 2005, between 9:30 AM and 3:30 PM,
and Wednesday, November 2, 2005 between 6:00 PM and 10:00 PM_ Appendix A
contains the parking counts taken by Southland Car Counters. Within the entire
corporate pazk, the highest number of cars parked on Sunday was observed to be 23.
This occurred between 9:30 AM and 12:30 PM. The highest number of cars parked on
Wednesday evening was 32 at 7>00 PM. There are a total of 386 parking spaces in this
parking lot. The number of unoccupied parking spaces is 354 on Wednesday evening.
Specifically azound Building 4, there was one parking space occupied on Sunday, and on
Wednesday evening, there were a maximum of 9 pazking spaces occupied.
VII. Methodology of Study
Because the church use requires 82 parking spaces, and the two suites it will occupy have
only been allocated 16 parking spaces, the parking study was conducted to determine
how many vacant parking spaces would be available within the corporate park for shared
use with the church use, when the other businesses are not open. Based on the parking
counts taken, the Anaheim Hills. Corporate Park contains 354 vacant parking spaces
during the proposed hours of operation of the church. .This would adequately
accommodate the Municipal Code-required parking of 82 parking spaces for the Word of
Faith Pentecostal Church.
VIII. Findings
A variance from the parking code is being requested, because the change in land use
causes the particular suites that the church will require, to be short by 66 spaces.
All of the five findings below .are met:
Finding 18.42.110.0101: That the variance, under the conditions imposed if any, will not
cause fewer off-street parking spaces to be provided for the proposed use than the
number of such spaces necessary to accommodate all vehicles attributable to such use
under the normal and reasonably foreseeable conditions of operation of such use.
Word of Faith Pentecostal Church 3 Itafiq & Associates, Inc.
All of the site-required parking spaces will be provided onsite. The parking..
requirement as determined by this study has been met and exceeded.
Finding 18.42.110.0104: That the variance, under the conditions imposed, if any, will not
increase traffzc congestion within the ojf street parking areas or Zots provided for the
proposed use.
The off-street parking area is providing sufficient parking for this use. The drive
aisles through this site are sufficient to accommodate the site's anticipated traffic,
and no congestion will occur.
Finding 18.42.110.0102: That the variance, under the conditions imposed if any, will not
increase the demand and competition for parking spaces upon the public streets in the
immediate vicinity of the proposed use.
There is no existing on-street parking available along the project frontage on La
Palma Avenue or Manassero Street. All parking for this site will be
:accommodated within the off-streetparking lot:
Finding 18.42.110.0103: That the variance, under the conditions imposed if any, will not
increase the demand and competition for parking spaces upon adjacent private property
in the immediate vicinity of the proposed use (which property is not expressly provided~as
parking for such use under an agreement in compliance with subsection 18.42.050.030
(Nan-residential uses-exception).
All parking will be provided immediately surrounding Building 4, along the north
and east sides of the building, accessed via Manassero Street.
Finding 18.42.110.0105: That the variance, under the conditions imposed if any, will not
impede vehicular ingress to or egress from adjacent properties upon the public streets in
the immediate vicinity of the proposed use.
The site will not impact the ingress or egress from any adjacent uses to the public
streets.
1X. Recommendations and Conclusions
The residual pazking supply of 354 parking spaces within the Anaheim Hills Corporate
Park is found to be adequate for the intended use as a church (82 spaces required). Al] of
the findings for a variance to the City of Anaheim Municipal Code for parking have been
met.
X. Appendix Parking Counts
The parking counts taken by Southland Car Counters are contained in the Appendix.
Word of Faith Pentecostal Church 4 Rafiq & Associates, Inc.
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Available ~arkine Snaces
Building
Number
Address
Front Handicap (in
front
Back
Total
Buildin 1 1260 Hancock 19 2 24 45
Buildin 2 4879 La Palma 24 1 23 48
Buildin 3 1265 Manassero 23 1 25 49
Buildin 4 1251 Manassero 43 1 11 55
Buildin 5 4883 La Palma 22 2 0 24
Buildin 6 4887 La Palma 85 2 0 87
Buildin 7 4883 La Palma 40 3 35 78
Total Parkin s aces 256 12 118 386
The highest number of occupied pazking spaces in the industrial park arc_ad the seven
buildings were:
® 23 on Sunday morning between 9:30 AM and 12:30 PM
• 32 on Wednesday evening at 7:00 PM
There are a total of 386' available parking spaces in this industrial park.
The Word of Faith Church proposes to occupy suites 403 and 404 in Building 4.
Word of Faith Pentecostal Church
6 ltafiq & Associates, Inc.
ITEM NO. 8
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Reclassification No. 2005-00172 = ~' ~ Subject Property
Conditional Use Permit No. 2005-05052 Date: January 9, 2006
Tentative Tract Map No. 16974 Scale: 1" = 200'
Requested By: MANASSEH BARER Q.S. No. 28
TENTATIVE TRACT MAP NO. 16974 - TO ESTABLISH A 1-LOT, 7-UNIT SEMI-ATTACHED SINGLE-
FAMILY REP;'OENTIAL CONDOMINIUM SUBDIVISION.
RECLASSIFICATION NO. 2005-00172 -REQUEST TO RECLASSIFY THE PROPERTY FROM THE T (TRANSITION)
ZONE TO THE RM-3 (RESIDENTIAL, MULTIPLE FAMILY) ZONE, OR LESS INTENSE ZONE.
CONDITIONAL USE PERMIT N0. 2005-05052 -REQUEST TO CONSTRUCT A 7-UNIT, SEMI-ATTACHED
RESIDENTIAL CONDOMINIUM COMPLEX.
648 South Magnolia Avenue 211s(299s-12-29)
m
Date of Aerial Photo: May 2002
Reclassification No. 2005-00172 Subject Property
Conditional Use Permit No. 2005-05052 Date: January 9, 2006
Tentative Tract Map No. 16974 Scale: 1" = 200'
Requested By: MANASSEH BAREH Q.S. No. 28
TENTATIVE TRACT MAP NO. 16974 - TO ESTABLISH A 1-LOT, 7-UNIT SEMI-ATTACHED SINGLE-
FAMILY RESIDENTIAL CONDOMINIUM SUBDIVISION.
RECLASSIFICATION NO. 2005-00172- REQUEST TO RECLASSIFY THE PROPERTY FROM THE T (TRANSITION)
ZONE TO THE RM-3 (RESIDENTIAL, MULTIPLE FAMILY) ZONE, OR LESS INTENSE ZONE.
CONDITIONAL USE PERMIT NO. 2005-05052 -REQUEST Tp CONSTRUCT A 7-UNIT, SEMI-ATTACHED
RESIDENTIAL CONDOMINIUM COMPLEX.
648 South Magnolia Avenue
2116
Staff Report to the
Planning Commission
January 9, 2006
Item No. 8
8a.' CEQA NEGATIVE DECLARATION (Motion) ";'
8b; RECLASSIFICATION NO. 2005-00172 (Resolution)
8c. CONDITIONAL USE PERMIT NO. 2005-05052 (Resolution)
Sd.`' TENTATIVE TRACT MAP NO: 16974 (Motion) ;
SITE LOCATION AND DESCRIPTION:
(1) This rectangularly-shaped, 0.41-acre property has a frontage of 75* feet on the east side of
', Magndlia Avenue; a maximum depth of 245 feet, and is located 335 feet south. of the.
centerline of Westhaven Drive (648 South Magnolia Avenue).
*Advertised as a frontage df 85 feet.
REQUEST.
(2) The petitioner requests approval of the following:
(a) ReclassificationNo: 2005-00172 - td reclassify the property from the T (Transition)
zone to the RM-3 (Residential, Multiple-Family). zone, or less intense lone.
(b) Conditional Use Permit No. 2005-05052 - to construct a 7-unit semi-attached
residential condominium complex under autho~ity'of Code Section Nos.
16':06.030.010'and 18.06.160.
(c) Tentative Tract Map No', 16974 - to establish a 1-lot, 7-unit semi-attached single-
family tesidential condominium subdivision.
BACKGROUND:
(3) This property is developed with asingle-family residence and is within the T (Transition)
Zone. Tne Anaheim'General'flan designates this propertyfor Low-Medium Density
Residential'iand uses The Anaheim General Pian'designates properties tolhe north,
south, and east for Low-Medium Density Residentialland uses] and properties to the west
across Magnolia Avenue for Low Density Residentialland uses.
PREVIOUS ZONING ACTIONS:
(4) There are no previous zoning actions pertaining to thisproperty.
DEVELOPMENT PROPOSAL:
(5) The applicant is requesting reclassification of the property from the "T' zone to the RM-3
zone in connection with a conditional use permifand tentative tract map td construct a one
lot, 7-unit'semi-attached residential condominium subdivision. The site plan (Exhibit No. 1)
and tentative tract map indicate the following site characteristics:
CUP05052 PC0109p6 SRJR
Page 1
Staff Report to the
Planning Commission
January 9, 2006
Item No. 8
Develo ment:Standards I Pro osedRPro ect i RM-32one Standards '
Site Area 0.42 acres 18,408 s.f. N/A
.Number of Dwellin Units 7 dwellin units 7 units maximum
Avera a Land Area er Unit 2,629 s.f. 2,400 s.f; minimum
Lot Covera a 41.0% 45% maximum
Avg. ReclLeisure Area per
DU 195 s.f. per unit (1,369 s.f:
total *' 350 s.f: perLnit (2,450 s.f. total).
--nnotlmcanon to scantlaros is avowed in order to achieve gooq project tlesign; privacy, pvabmry, antl
compatibiliy with surrounding uses.
(6) The site plan (Exhibit No. 1) and tentative map Indicate the following setbacks:
Direction Proposetl Structural and Code-Required Adjacent Zoning'
Landscaped Setbacks Structural Setbacks
RM-3
North (adjacent to 5-15 feet structural" 20 feet structural T
multiple-family. residences) 0-4 landsca ed*` 5 feet.landsca ed
East (adjacent to multiple- 21 feet structural'* 20 feetstructu~al RM-4
family residences) 2-21 feeC landsca' ed** 5 feet landsda ed
South (adjacent to 22-24 feet structural** 20 feet structural RM-4
multiple-family residences) 2 feet landsca ed** 5 feet landsca ed
West (adjacent to 20 feet average structural 20 feet average structural NIA
Magnolia Avenue) 20 feet averagelandscaped 20 feet average
landsca ed -
"MOtlmcauon to standards isanowed in order to achieve gooo project design,: privacy,. nvaouity, and
compatibility with surrounding uses.
(7) The site plan further indicates a setback of 28.5 to 23.5 feet, between the two buildings.
Cpde requires a minimum of 15 feet between these structures based. upon the wall type
and number of stories (secondary wall of three. stories inheight). The site plan indicates
existing 6-foot block walls along the south and east property lines, and an existing three-
foothigh block wall that would be raised io a height of six feet along the north property line:
Concrete brick pavers or colored/stamped concrete would be incorporated intd the
driveway entry as a decorative treatment. Code permits fences at a maximum of three feet
in height within the required street setback and a maximum height of six. feet within all other
required setbacks,
(8) Vehicular access would be provided via a private drive from Magnolia Avenue. The site
plan indicates 19 parking spaces available within the subdivision, with two (2) spaces within
a garage for each unit and five (5) uncovered spaces. Code requires a total of 19parking
spaces based on the7equirement of three (3) spaces fora 3-bedroom unit (3 x 4 units = 12
spaces) and 2.25 spacesfo~ a 2-bedroom unit (2.25 x 3 units = 6.75 (7) spaces. Of the 19
required parking spaces, two (2) are designated as visitor spaces. (0:25 spaces x 7 units):
The petitioner does not propose any gates across the entry to the private drive:
(9) The floor plans (Exhibit No: 2J indicate3-story units consisting of a an attached two-car
garage and laundry area on the first floor, a split level second floor containing the main.
entry; living and dining rooms, kitchen, nook, powder room, and outdoor deck and patio
areas. The second floor would contain either three bedrooms and two bathrooms, or two
Page 2
Staff Report to the:
Planning Commission
January 9; 2006
Item No. 6
bedrooms and computer loft with two bathrooms, and a small outdoor balcony off the
master bedroom far the three bedroom units, summarized as follows: i' . ,
Plan No. of Units Total Living Area/ No. Of
Garage Bedrooms/
Total Bathrooms
A 4 1',765 square feet 3 Bedrooms
536 square feet r'2.5 Bathrooms
t 2,301 s uare feet
B 3 1,765 square feet 2 Bedrooms
-536 square feet , 2.5 Bathrooms.
2,301 s uare feet
(10) Elevation drawings (Exhibit Nos. 3, 4, and 5) indicate one elevation design with two color
schemes proposed for the two buildings:. Plans indicate that each of the condominium
buildings would be 35 feet in height with a total of three stories. Elevation drawings indicate
concrete. "S"the rooftops;. stucco finished exterior walls with the use bf stone veneer, wood
shutters, ahd decorative stucco articulatioharound the windows and doors. The four
chimheys proposed would be completely clad with a stony veneer, and the outdoor patio
,and deck areas would incorporate the use of wood ahd wrought iron railing: Primary
entryways along the north elevatioh would be recessed and located underneath the '
secondary roof. Arched recesses frame the pedestrian entryways into tha garages along
the south elevation. The building elevations facing Magnolia Avenue would include the use
bf wood shutters, decorative foam around the winddws and doors, and stone veneer to
frame the unit entry facing the street. The color and materials board reflects the building of
the front of the site (visible from Magnolia Avenue) would consist of a gray(Agate) stucco
color and blue (Cape Cod) accents, with Chestnut stone veneer and Mahogany wood
shutters: The building at theYear would consist of a peach stucco color and terracotta
accents, with Aspen: stone veneer and Mahogany wood shutters:
(11) Tfie conceptual landscape plan (Exhibit No: 6) indicates two (2) Brachychiton populneum
-trees (24 inch boxsize) andthree (3) Leptdspermum petersonii trees (15 gallon izeJahd
associated ground Dover and sod to be planted along Magnolia Avenue. Code requires a
minimumof i tree (24 inch box size) per20 lineal feet of frontage for a total of 4 trees: The
plan also indicates eleven (11)Leptospermum petersonii trees (15 gallon size) and -
assoclated'ground cover withinYhe two-foot plahter along the south property line, and four
(4) Crape Myrtle trees (24-inch box size). along the east property line surrounding the
parking area and outdoo[recreation area located in this location: ' Aithougfi these trees are
not required by Code'the'applicant has included tfiem in the proposal due to the deviation
from the minimum required landscaped setback along these property lines: The plan also
shows small planter bdzes located between. the garage door entrances along the private
drive and parking area, as well'as landscaping aldng the perimeter of the building
surrounding the entrances and outdoorpatio areas'. Staff has included a condition of
approval requiring the trees within the street setback be a minimum of 24-inch tiox in size:
With the exception of the size of three of the trees in the street setbacKand the requested
'modificatibn td lendscaped setbacks along interior property Tines as idehtified in paragraph
`(6), the plan complies with theYequiraments of the Codepertaining to landscaping:
Page 3
Staff Report to the
Planning Commission
January 9, 2006
Item No. 8
ENVIRONMENTAL IMPACT ANALYSIS:
(12)` Staff fias reviewed the proposal and the Initial Study (a copy of which is available for review
in the Planning: l]epartmentJ and fihds ho significant environmental impact and; therefore,
recommends thata Negative Declaration be approved upon a finding by the Planning
Commission that the Negative Declaration reFlecta the independent judgment of the lead
agency; and that it has considered the proposed Negative Declaration together with any ,
comments received during: the public review process and further finding on the'basis of the:
Initial Study and any comments received that there is no substantial evidence that the
project will have a significant effect ohthe environment.
EVALUATION:
(13) The Anaheim General Plah Land Use Element designates this property for Low-Medium
Dehsity land uses with'a density range of 0 to 18 dwelling whits per acre: The petitioner
proposes a reclassificatiorf of theproperty from the T zone to the RM-3 zone, to construct 7
semi-attached'condominium dwellingEnits aYa density of 16.6 dwelling units per acre. The
proposed developmentwould be compatible with the existing residehtial developments to
the north, south, ahd east (multiple-family resitjehceszoned T ahd RM-4). The'project is
alsd cohsistehfwith the density of the'Low-Medium Density: Residential land use
'designation for the site.
(14)' Semi-attached condominium dwellings`(attached'single family residences) are permittetl in
the RM-3 Zone subject to the approval of a contlitjonal use'permit under authority of Code
Section`18.06.i ti0 pertaining to residential planned unit developments:
(15)` Modification to standards is'allowed in order to achieve good project design, privacy,
livability, and cdmpatibilitywith surrounding uses, as outlined in Code Section 18.06.160.
The project does vary from the Code as provided in this section as outlined below:
Develo medt`Standard ~:~ "% " "'code"Re uirement„ ', Deviation Pro osed*
Minimum site area 2,400 s.f. er unit min 2,629 s ware feet
Minimum lot width 70 feet 75 feet'
Minimum floor. area. 2 bedrooms - 825 s.f. 2 bedrooms -1,810 s.f.
3 bedrooms-1,000 s.f. ' 3 bedrooms -1,810 a.f.
Maximum site covers a 45% 41
;: Setbacks Front: 20 feet (fully landscaped) Front: 20 feet (fully
landscaped)
Interior (north, south and east): North: 5-15 feet structural
20 feet structurat(5 feet (0-4 feet landscaped)
landscaped) South: 22-24 feet structural
(2 feet landscaped)
East: 21 feet structural (2-21
feetlandsca ed
Minimum recreation area 350 s.t, per unit min.... 195 s.f. per unit
Total of 2,400 s.f. 1,369 total
*Bold indicates deviation from the code.
Page 4
Staff Report to the
Planning Commission
January 9, 2006
Item No. 8
(17) Staff has included standard'conditions of approval relating to landscape maintenance, tree
size, and the addition of a minimum three (3) foof high berm within the landscaped setback
along Magnolia Avenue, Detailed fina(elevation'and landscape plans are required far final
reviewby staff as well. Staff believes the proposed project'is compatible with existing and
surrounding land'uses (which are alsormultiple-family residences) and that the minor
deviations from the Code as permitted in Section 18.06.160'would achieve a good project
designed to enhance the privacy andlivability for: residents within and'around the project,
and create a project that is compatible and consistent with'surrounding land uses.
Because the proposed use would not adversely .affect the adjoining land uses and the
growth'and development of the area in'which itfsproposed`and because 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: particulararea, staff recommehds
approval of the request as conditioned;
(18)1 Although the project is not a housing opportunity ite, the proposed project woultl provide
for ownership housing in furtheranceof the City's Housing Element goals. The General
Plan Land Use Element Map designates this property for Low-Medium Density :Residential
land uses and implementation of this project would be consistent with that designation:
(19} Staff has not received any public inpuffrom neighbors with :regard to this project: Records
indicate no open'community preservation activitypertaining to this property.
FINDINGS:
(20); Before the Planning Commission grants any conditional use permit, it must make a finding
of fact that the evidence presented shows that all of the following conditions exist
(a) That theproposed use is properly one fog which a conditional ase permit is
authorized py the Zohing Code; or is anunlisted use as definetl in Subsection .030
(Unlisted Usea Permitted) of Sectioh 18.66:040 (Approved Authority);
(b) That the proposed use will not adversely affect the adjoining land uses or the growth
and: development oflhe area in which it is proposed to be located;
(c) That the. size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use. im a manner not detrimental to the particular area.
or to the health' ahd safety;
(d) That the traffic generated by the proposed use will hot impose an undue burden.
upon the streets and highways designed and improvad to carry the traffic in the
area; and r
(e) That the granting of the conditional use permit under the conditions imposed, will not
be detrimehtal to the health and: safety of the citizens of the City of Anaheim.
(21) "The State Subdivision Map Act (Government Code, Section 66473.5) makes it mahdatory
to include in all motions approving; or recommending approval of a tract map, a specific..
finding that the proposed Subdivision together with its design and improvement is
consistent with the City's General Plan..
Page 6
Staff Report to the
Planning Commission
January 9, 2006
Item No. 8
Further, the law requires that the Commission make any of the following findings when
denying or recommending denial of a tract map:.
1: That the proposed map is not consistent with applicable General and Specific
Plans:
2. That the design dr improvement of the proposed subdivision is riot consistent with
applicable General and Specific Plans.
3. That the site is not physically suitable for the type of development..
4: That the site is not physically suitable for the proposed density of development
5. That the desjgn of the subdivision or the proposed improvements areltkely to
cause substantial environmental damage or substantially and avoidably injure fish
or wildlife or their habitat.
6, That the design of the subdivision or the type of improvements is likely to cause
serious public health problems.
7. That the design of the subdivision or the type of improvements will conflict with
easements, acquired by the public at large, for access through or use of property
within the proposed subdivision "
RECOMMENDATION:
(22) Staff recommends that, unless additional or contrary information is received during the
meeting, and based upon the evidence submitted to the Planning Commission, including
the evidence presented in this staff report, and oral and written evidence presented at the
public hearing, the Planning Commission take the following actions:
(a} By motion, aoorove a Negative Declaration for the project.
(b) By resolution, aoo~ove Reclassification No. 2005-00172 to reclassify the property
from the T zone to the RM-3 zone by adopting the attached resolution including the
findingsahd conditions contained therein.
(c) By resolution, aoorove Conditional Use Permit No. 2005-05052 to construct a 7-unit
semi-attached residential condominium complex by adopting the attached7esolution
including the findings and conditions contained therein:
(d) By motion, aoorove Tentative Tract Map No. 16974 tb establish a 1-lot, 7-unit semi-
attached single-family residential condominium subdivision based upon the attached.
conditions of approval and the findings that the design and improvement of the,
subdivision is consistent with the General Plan, and the site is physically suitable for
the type and density of the proposed development,
Page 7
[~ ~"g')
RESOLUTION NO. PC2006--***
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT APPLICATION FOR RECLASSIFICATION NO. 2005-00172 BE GRANTED
(648 SOUTH MAGNOLIA AVENUE)
WHEREAS, the Anaheim Planning Commission did receive a verified application for
Reclassification for real property situated in the Cityof Anaheim, County of Orange, State of California,
described as follows:
THE NORTH 75 FEET OF THE SOUTH 150 FEET OF THE NORTH 6
ACRES OF THE WEST HALF OF THE WEST HALF OF THE
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 18 TOWNSHIP 4 SOUTH RANGE 10 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 7 ET SEO OF MISCELLANEOUS MAPS IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of
Anaheim on January 9, 2006, at 2:30 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 16.60 "Procedures", to hear
and consider evidence for and against said proposed reclassification and to investigate and make findings and
recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself and
in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and
determine the following facts:.
1. That the petitioner proposes reclassification: of subject property from the T (Transition) zone to
the RM-3 (Residential, Multiple-Family), or less intense zone:
2. That the Anaheim General Plan designates this property and the properties to the north, south,
and east for Low-Medium Density Residential land uses:. The RM-3 zone is a typical implementation zone for
this land use designation:
3. That the proposed reclassification of subject property is necessary andlor desirable for the
orderly and proper development of the community.
4. That the proposed reclassification of subject property does properly relate to the zones and their
permitted uses locally established in close proximity to subject property and to the zones and their permitted
uses generally established throughout the community.
5. That"* indicated their presence at said public hearing ih opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to reclassify subject property from the T zone to the RM-3 zone, or less
intense zone; 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.
Cr\PC2006- -1- PC2006-
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby
.approve the subject A~,-='?cation for Reclassification to authorize an amendment to the Zoning Map of the
Anaheim Municipal Cu - M exclude the above-described property from the T zone and to incorporate said`
described property into ?ne RM-3 zone, upon the following conditions which are hereby found to be a necessary
prerequisite to the proposed use of subject property in order to preserve the health and safety of the Citizens of
the City of Anaheim:
1. That prior to introduction of an ordinance rezoning subject property, a preliminary title report shall be
furnished to the Planning Services Division showing the legal vesting of title, a legal description and
containing a map of the property.
2. That prior to placement of an ordinance rezoning subject property on an agenda for City Council
consideration, Condition No. 1,above-mentioned, shall be completed. The City Council may approve or
disapprove a zoning ordinance at its discretion If the ordinance is disapproved,. the' procedure set forth in
Anaheim Municipal Code Section 18.60.140 shall apply. The provisions dr rights granted by this resolution
shall become null and void by action of the Planning Commission unless said conditions are complied with
within one (1) year from the date of this resolution, or such further time as the Planning Commission may
grant.
3. That completion of these reclassification proceedings is contingent upon approval of Conditional Use
Permit No. 2005-05052 and Tentative Tract Map No. 16974.
4. That approval of this application constitutesapproval 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 RESOLVED that the Anaheim 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 conditions, or any part thereof, be declared invalid or
unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any
.approvals herein contained, shall be deemed null and void.
BE IT FURTHER RESOLVED, that this resolution shall not constitute a7ezoning of, or a
commitment by the City to rezone, the subject property; any such rezoning shall require an ordinance of the City
Council, which shall be a legislative act, which may be approved or denied by the City Council at its sole
discretion:
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to
the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to
the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in
delays in the issuance of required permits or the revocation of the approval of this application
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 9, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18..60 "Procedures" of
the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution
in the event of an appeal
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST::
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
1, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that
the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on
January 9, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN W ITNESS W HEREOF, I have hereunto set my hand this day of
2006.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-3- PC2006-
[o~a~,FT,
RESOLUTION NO. PC2006--***
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT APPLICATION FOR CONDITIONAL USE PERMIT NO. 2005-05052 BE GRANTED
(648 SOUTH MAGNOLIA AVENUE)
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 NORTH 75 FEET OF THE SOUTH 150 FEET OF THE NORTH
6 ACRES OF THE WEST HALF OF THE WEST HALF OF THE
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 18 TOWNSHIP 4 SOUTH RANGE 10 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.? ET SEO OF MISCELLANEOUS MAPS IN THE.
OFFICE OF THE COUNTY RECORDER OP SAID COUNTY:.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on January 9,2006; at 2:30 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 18.60, 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 No. 18.06.160 to construct a 7-unit semi-attached residential condominium
complex.
2. .That the proposed use will not adversely affect the adjoining land uses or the growth and
development of the area in which it is proposed to be located as staff believes theproposed project is
compatible with existing and surrounding land uses and that the minor deviations from the Code as provided
in Section 18.06.160 would achieve a well designed and livable project, while being compatible and
consistent with surrounding land uses._The proposed use would not adversely affect the adjoining land uses
and the growth and development of the area in which it is proposed because the size and shape of the site
far the project,is adequate to allow the full development of the proposed use in a manner not detrimental to
the particular area
3. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area because the project would be
implementing the Low-Medium Density Residential land use designation of the General Plan: This:
designation was environmentally analyzed as part of the environmental review process required by the
California Environmental Quality Act (CEQA) performed as part of the General Plan Update approved by the
City Council on May 25, 2004.
4: That the granting of the conditional use permit under the conditions imposed, if any, will not
be detrimental to the health and safety of the citizens of the City of Anaheim..
5. .That'*' indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
Cr\PC2006- -1- PC2006-
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to construct a 7-unit semi-attached residential condominium complex
and does hereby approve the Negative Declaration upon finding that thF <`>-,claration reflects the independent
judgment of the lead agency and that it has considered the Negative Dec..=., ation together with any
comments received during the public review process and further finding ors 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 grank 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 tc 7reserve the
safety and general welfare of the Citizens of the City of Anaheim:.
1. That roll-up garage doors shall be shown bn plans submitted for building permits. Said doors shall
be installed and maintained as shown on submitted plans.
2. That final landscape and fencing plans shall be submitted to the Planning Services Division for
review and approval. The fencing plan shall incorporate a six (6) foot high decorative block wall
along the north, south, and east property lines ahd a minimum three-foot high landscaped berm
within the front landscaped setback on Magnolia Avenue. The landscape plan shall incorporate
layered landscaping within the front setback and clinging vines, shrubs and groundcover adjacent to
all block walls and the northern property7ine. Said plans shall show'minimum 24-inch box size
evergreen, trees within the front yard;. Any decision made by the Planning Services Division
regarding said plan may be appealed to the Planning Commission as a "Reports and
Recommendation" item:.
3. That all air-conditioning facilities and other ground-mounted equipment shall be properly shielded
from view and the sound buffered from adjacent residential properties. Such information shall be
specifically shown on the plans submitted for building permits.
4. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be
fully screened by architectural devices.and/or appropriate building materials. Said information shall
be specifically shown on the plans submitted for building: permits.
5. 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.
6. That this Conditional Use Permit is granted subject tc the approval of Reclassificatioh No. 2005-
00172, and approval and recordation ofTentativeTract Map No. 16974, now pending:
7. 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.
8. That the locations for future above-ground utility devices including, but not limited to, electrical
transformers, water backflow devices, gas, communications and cable devices; etc., shall be shown
on plans submitted for building permits. Plans shall also identify the specific screening treatments of
each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.) and
shall be subject to the review and approval of the appropriate City departments:
9. That any required relocation of City electrical facilities shall be at the developer's expense. That
landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall be
shown on plans submitted for building permits.
10. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
11. That gates shall not be installed across any driveway or private street in a manner which may
adversely affect vehicular traffic in the adjacent public street. Installation of any gates shall conform
to Engineering Standard Plan No. 609 and shall be subject to the review and approval of the City
-2- PC2006
Traffic and Transportation Manager. Said information shall be specifically shown on plans submitted
for building permits.
12. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval
of wall and fence locations to determine conformance with Engineering Standard No. 115.
13. That a written Solid Waste Management Plan shall be submitted to the Public Works Department,
Streets and Sanitation Division. Said program shall include information on the following: a detailed,
scaled site plan showing the storage and collection areas for automated trash barrels for each unit.,
the location of any trash enclosure with enclosure details drawings, and truck access.
14. That prior to the issuance of grading permit, the applicant shall submit td the Public Works'
Department Development Services Division for review and approval a Water Quality Management
Plan that:
• Addresses Site Design. Best Management Practices (BMPs) such as minimizing impervious
areas, maximizing permeability, minimizing directly connected impervious areas, creating
reduced or "zero discharge" areas, and conserving natural areas.
• Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area
Management Plan:
15. That prior to issuance of certificate of occupancy, the applicant shall
• Demonstrate that all structural BMPs described in the Project WQMP have been constructed
and installed in conformance with approved plans and specifications.
• Demonstrate that the applicant is prepared to implement alt nonstructural BMPs described in
the Project WQMP.
Demonstrate that an adequate number of copies of the approved Project WQMP are available
onsite
• Submit for review and approval by the City an Operation and Maintenance Plan for alf structural
BMPs.
16. That the City of Anaheim Sewer Impact Mitigation fee for the Combinetl West Anaheim Fvea; Zone B
shall be paid: The mitigation fee is ourrehtly $1;669/ unit for single family developments.
17. That the'developer shall submit grading plans to the Public Works Department,bevelopmeht
Services Division and post a bond to guarantee that the street improvements are constructed as
approved by the City Engineer. The improvements shallbe constructedprior to finalbuilding and
zoning inspections.
18. That all backflow equipment shall tie 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 vault
shall be brought up to current standards: Anybther large water system equipment shalibe installed
to the satisfaction of the Water Engineering Division in either underground vaults or outside of the
street setback areas in a manner fully screened from all public streets and alleys. Said information
shall be showrTbn plans ahd approved by WaterEngineering and Cross Connection Control
Inspector before submittal for building permits.
19. Tfiaf if this project has a common landscaping area exceeding 2,500 square feet, a separate
irrigation meter shall tie installed and shalt Damply with City Ord'mance No. 5349 and Chapter 10.19
of the Anaheim Municipal Code. Said information shall be shown on plahs submitted for building
permits.
20. Thatall requests for new water services or fire lines, as well as any modifications; relocations, or
abandonment of existing water services and fire lines, shall be coordinated through Water'
Engineering Division of the Anaheim Public Utilities Department.
21. That all existing water services and fire lines shalt conform to current Water Services Stahdards
Specifications. Any water service and/or fire line that does not meet current standards shall be
upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The
-3- PC2006
owner/developershatl be responsible for the costs to upgrade or to abandon any water service or fire
line.
22. That water improvement plan= r; all be submitted to the Water Engineering Division for approval and
a performance bond. in the amount approved by the City Engineer and City Attorney shall be posted
with the City of Anaheim. That the water improvement plans shall indicate a minimum clearance of
five (5) feet from the water main to the curb and gutter and a minimum clearance of ten (10) feet
from the water main to the sewer line,.
23. That prior to application for water meters, fire line or submitting the water improvement plans for
approval, the developer/owner shall submit to the Public Utilities Water Engineering Division an
estimate of the maximum fire flow. rate and maximum day and peak hour water demands for the
project. This information will be used to determine the adequacy of the existing water system to
provide the estimated water demands. Any off-site water system improvements required to serve
the project shall occur in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules and
Regulations. ,
24. That a master water meter shall be installed on Magnolia Avenue. The master meter shall be above
ground on private property with an easement five-foot around the meterpad and the backflow device
shall be behind the building setback line and maintained by the property owner/homeowners
association.
25. That subject property shall be developed substantially in accordance with plans and specifications
submitted td the City of Anaheim by the applicant and which plans are on file with he Planning
Department marked Exhibit Nos..1 through 6, as conditioned herein.
26. That final detailed elevation plans and colors and materials shall be submitted to the Planning
Services Division for review and approval Any decision by staff regardir;~ said plans maybe
appealed to the Planning Commission as a "Reports and Recommendations" item..
27. That the developer shall submit a landscaping and irrigation plan to the Public Works Department,
Development Services Division to improve Magnolia Avenue. The parkway irrigation shall be connected
to the on-site imgation system and maintained by the property owner. A Right-of-Way Construction
Permit shall tie obtained from the Development Services Divisldn for all work performed in the right-of-
way. The improvements shall be constructed prior to final building and zoning inspections..
28. That prior to issuance of a building permit, or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 1, 2, 3, 4, 6, B, 9, 11, 12, 13, 16, 18, 19, 22, 26 and
27, above-mentioned, shall be complied with. Extensions for further time to complete said conditions
may be granted in accordance with Chapter 18.60 of the Anaheim Municipal Code...
29. Tnat prior to approval of a grading plan, Condition Nos. 14 and 17, above-mentioned, shall be
cbmplied with:
30. That prior to final building and zoning inspections, Condition Nos. 15, 24, 25and 27,
above-mentioned; shall be complied with.'
31. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal Zoning Code: and any other applicable City, State and
Federal regulations. Approval does not include any action or findings as to compliance or approval
of the requesf regarding any other applicable ordinance, regulation or requirement.
BE IT 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 fbrth. Should any such condition, or any part thereof, be declared
invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and void.
-4- PC2006
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related
to the processing of this discretionary case application within 15 days of the issuance of the final invoice or
prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges
shall result in delays in the issuance of required permits or the revocation of the approval of this application:
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting. of
January 9, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeal.
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM 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 January 9, 2006, 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
2006.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-5- PC2006
City of Anaheim
P1LA1~il~igl~G ~)EIPARTM>EI~I~'
January 9, 2006.
Manasseh Bareh -
1934 Newport Boulevard
C
vrrrv;.ananeim.net
osta Mesa, CA 92627
Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of
January 9, 2006.
Sa. CEQA NEGATIVE DECLARATION
Sb. RECLASSIFICATION NO. 2005-00172
Sc: CONDITIONAL USE PERMIT NO. 2005-05052
8d. TENTATIVE TRACT MAP NO. 16974
Owner: Manasseh Bareh, 1934 Newport Boulevard, Costa Mesa, CA 92627
Location: 648 South Magnolia Avenue: Property is approximately 0.41-acre
having a frontage of 75' feet on the east side of Magnolia Avenue and is
located 335 feet south of the centerline of Westhaven Drive.
*Advertised as a frontage of 85 feeE
Reclassification No. 2005-00172 - to reclassify the property from the T (Transition)
zone to the RM-3 (Residential, Multiple-Family)¢one or less intense zone.
Conditional Use Permit No. 2005-05052 -to construct a 7-unit semi-attached residential
condominium complex,
Tentative Tract Mao No. 18974 - to establish a 1-lot, 7-unit semi-attached single-
. family residential condominium subdivision..
ACTION: Commissioner XXX offered a motion, seconded by Commissioner XXX and
MOTION CARRIED, that the Anaheim Planning Commission has reviewed the proposal to
permit a 7-unit semi-attached residential subdivision and does hereby approve the Negative
Declaration upon a 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 comments received that there is no substantial evidence that the project will have a
significant effect on the environment.
Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION
CARRIED, that the Anaheim Planning Commission does hereby determine that the proposed
tentative tract map, including its design and improvements, is consistent with the Anaheim
General Plan, and does therefore approve Tentative Tract Map No. 16974, to establish a
1-lot, 7-unit semi-attached single-family residential condominium subdivision, subject to the
following conditions:
200 South Anaheim Boulevard
P.0. Box 3222
Anaheim, California 92803
TEl (714)765-5139
1. That the final map shall be submitted to and approved by the City of Anaheim and-
the Orange County Surveyor and then shall be recorded in the Office of the Orange
County Recorder (Subdivision Map Act, Section 66499.40).
2. The legal property owner shall execute a Subdivision Agreement, in a form approved
by the City Attorney, to complete the required public improvements at the legal
property owner's expense. Said agreement shall be submitted to the Public Works
Department, Subdivision Section approved by the City Attorney and City Engineer
and then recorded concurrently with the final parcel map.
3. The vehicular access rights to Magnolia Avenue, except at the street opening, shall
be released and relinquished to the City of Anaheim.
4. That the access drive, sanitary sewer and storm drain within the development shall
be privately maintained: Improvement plans for the sanitary sewer, and private
drainage system shall be submitted to the Public Works Department, Development
Services Division concurrently with the final map.
5. That since the site is located within a liquefaction zone on a Seismic Hazard Map issued
by the State of California Divisions of Mines and Geology (DMG), the developer must
submit a geotechnicat report that meets the requirements fora "Screening Investigation
for Liquefaction Potential" as identified in DMG special publication 117 "Guidelines for
Evaluating and Mitigating Seismic Hazards in California" prior to grading plan approval.
Please note that ff the findings of the screening investigation cannot demonstrate the
absence of liquefaction hazards, then the comprehensive quantitative evaluation must
be conducted to develop mitigation recommendations to effectively reduce the hazard to
an acceptable level.
6. That prior to finaF map approval, 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 private facilities, including compliance with
approved Water Quality Management Plan, and a maintenance exhibit. The covenant
shall be recorded concurrently with the final map.
7. That approval of this parcel map is granted subject to the approval of Reclassification
No. 2005-00172 and Conditional Use Permit No. 2005-05052, now pending.
8. That prior to final parcel map approval, Condition Nps. 1, 2; 3, 4, 5, 6 and 7, above-
mentioned; shall be complied with.
9. That approval of this application constitutes approval df the proposed request only to
the extenf that it complies with the Anaheim Municipal Zoning Code and any other
applicable City, State and Federal regulations. App~ovaf does not include any action
or findings as to compliance or approval of the request regarding any other
applicable ordinance, regulation or requirement.
Sincerely,
Eleanor Morris, Senior Secretary
Anaheim Planning Commission
TTM16974_Excerpt
ITEM NO. 9
RIVERSIDE FREEWAY (SR-91)
C-G
RCL 79-80-1 fi ~-
T (MHP) (PC) RCL 73-74-36
RCL 82-83-22 (Res. of Inl to PC)
RCL 73-74-36 RCL 73-74-35
(Res. of Int. to PC) CUP 3640 ly
RCL 73-74-35 CUP 2720
CUP 1574 CUP 1574
ANAHEIM SHORES EMERALD COURT C-G(PC)
MOBILEESTATES RETIREMENT FACILITY RCL 79-e6-16
264 UNRS 195 DU RCL 73-74-36 •-
(Res. of Int..fo PC) W
RCL 73-7435 ~
T-CUP 2W2-04659 ~
CUP 4177 ~
NORTH COUNTY TOYOTA
J
U
1' N W
E GATEWAY
F URGENT CARE I
f~---462' ®T® 587'~j
MEDICAL CENTER DRIVE I
RCL 57-56-45
TTM 1fi932 ^ ~-( CUP 1906
GPA 2005-00439 ~ I I CUP 77
RCL 2005-00168 VAR 3296
C-G VAR 4b85 5
RCL 57-5B-05 CUP 2005-05046 ~ ~ ^ ~ RCL 57.58-45 EMgGENCYNT
'. RCL 79-80-16 CUP 2003-04778
CUP 17 RCL 73-7436 CUP 1468
?DICAL OFFICES CUP 17
(Res. of Int. to PC) ~ ~ VAR 1665 S RCL 57 56-45
RCL 73-7435 Q MEDICAL CENTER CUP 17
CUP 3640
DUP 2720 ^ ~1 ~ J~-I I~'~II Ir~~-I~~ VAR 76656$
CUP 1574 L1LL1 LLB DENTAL/MEDICAL
(CUP 2653) O ~ ^ I~ OFFICES
(CUP 1559)
VACANT ROMNEYA DRIVE
General Plan Amendment No. 2005-00439 Subject Property
Reclassification No. 2005-00168 Date: January 9, 2006
Conditional Use Permit No. 2005-05046
Tentative Tract Map No. 16932 Scale: 1" = 200'
Requested By: JACKIE RODARTE, THE OLSON COMPANY Q.S. No. 44
GENERAL PLAN AMENDMENT NO. 2005-00439 -REQUEST TO REDESIGNATE THE PROPERTY FROM THE
PUBLIC INSTITUTIONAL LAND USE DESIGNATION TO THE LOW-MEDIUM DENSITY RESIDENTIAL LAND
USE DESIGNATION.
RECLASSIFICATION NO. 2005-00168 - REQUEST TO RECLASSIFY THE PROPERTY FROM THE C-G
(GENERAL COMMERCIAL) ZONE TO THE RM-3 (RESIDENTIAL, MULTIPLE FAMILY) ZONE.
CONDITIONAL USE PERMIT NO. 2005-05046 - REQUEST TO PERMIT A 32-UNIT, SINGLE-FAMILY ATTACHED
RESIDENTIAL CONDOMINIUM PROJECT WITH WAIVERS OF: (A) PERMITTED ENCROACHMENTS INTO
REQUIRED STREET SETBACK AND (B) MINIMUM DISTANCE OF MONUMENT SIGN FROM PUBLIC
RIGHT-OF-WAY.
TENTATIVE TRACT MAP NO. 16932 -REQUEST TO PERMITA 1-LOT, 32-UNIT AIRSPACE ATTACHED
RESIDENTIAL CONDOMINIUM SUBDIVISION.
1731 Medical Center Drive 2113
Date of Aerial Pholo: May 2002
General Plan Amendment No. 2005-00439 Subject Property
Reclassification No. 2005-00168 Date: January 9, 2006
Conditional Use Permit No. 2005-05046
Tentative Tract Map No. 16932 Scale: 1" = 200'
Requested By: JACKIE RODARTE, THE OLSON COMPANY Q.S. No. 44
GENERAL PLAN AMENDMENT NO. 2005-00439 -REQUEST TO REDESIGNATE THE PROPERTY FROM THE
PUBLIC INSTITUTIONAL LAND USE DESIGNATION TO THE LOW-MEDIUM DENSITY RESIDENTIAL LAND
USE DESIGNATION.
RECLASSIFICATION NO. 2005-00168 - REQUEST TO RECLASSIFY THE PROPERTY FROM THE C-G
(GENERAL COMMERCIAL) ZONE TO THE RM-3 (RESIDENTIAL, MULTIPLE FAMILY) ZONE.
CONDITIONAL USE PERMIT NO. 2005-05046-REQUEST TO PERMITA32-UNIT, SINGLE-FAMILY ATTACHED
RESIDENTIAL CONDOMINIUM PROJECT WITH WAIVERS OF: (A) PERMITTED ENCROACHMENTS INTO
REQUIRED STREET SETBACK AND (B) MINIMUM DISTANCE OF MONUMENT SIGN FROM PUBLIC
RIGHT-OF-WAY.
TENTATIVE TRACT MAP NO. 18932 -REQUEST TO PERMIT A 1-LOT, 32-UNIT AIRSPACE ATTACHED
RESIDENTIAL CONDOMINIUM SUBDIVISION.
1731 Medical Center Drive P13
Staff Report to the
Planning Commission
January 9, 2006
Stem No. 9
9a. CEQA NEGATIVE DECLARATION (Motion) '
9b. GENERAL PLAN AMENDMENT NO. 2005-00439 (Resolution)
9c: RECLASSIFICATION'N0:2005-00168 ' (Resolutloh)
9d. WAIVER OF CODEREQUIREMENT (Motion)
9e. CONDITIONAL-USE PERMIT N0:2005-05046 (Resolution)
9f. TENTATIVE TRACT MAP NO. 16932 (Motion)
SITE LOCATION AND DESCRIPTION:
(1) This rectangularly-shaped, 2.5-acre property has a frontage of 4ti7feet onthe north side of
Medical Center Drive;'a maximum depth of 273 feet and is located 587 feet west of the
centerline of Euclid Street (1731 Medical Center Drive).
- REQUEST:
(2p The petitionerrequestsapproval of the following:
General Plan Amendment No. 2005-OD439 - to redesignate the property from the Publio
Institutional land use designation to the Low-Medium Density Residential land use
` designation.
Reclassification No. 2005-00168- to reclassify the property fromthe C-G (General
Commercial) zone to the RM-3 (Residential, Multiple-Family) zone or less intense zone.
Conditional Use Permit No. 2005-05046- to construcf a 32-unit single-family attached
residential condominium project with waivers of the following:
(a) ;Section No. 18.06.090.080.0806 - Permitted encroachments
;`(DELETED) ;
(b) Section No. 18.44:070.010 - Minimum distance of monument sign
from public right-of-wav-
(7 feet required; 2 feet proposed)
Tentative Tract Mao No.16932 - to establish a 1-lot, 32-unit airspace attached single-family
condominium subdivision::
BACKGROUND:
(3) Thisproperty is currently dacant and zoned C-G (General Commercial) and the Anaheim
General Plandesignatesthis property for Institutional land uses..The adjacent property to the
north is also designated for Institutional land uses, the property to the south (across Medical
Center Drive) is designated for mixed use land uses; tfte property 3o the west is designated for
Residential Low-Medium' land uses'and the property tothe east for General Commercial land
uses:
sr cup200&05046.doc
Page 1
Staff Report to the
Planning Commission
January 9, 2006.
Item No. 9
(4) .The following zoning actions have ocdurred on the subject property:
(a} Conditional Use Permit No. 3640 (to permit a i 6-unit (16 bed) expansion to an -
existing 179-unit (206 bed) senior citizen's retirement facility with waiver of required
parking lot landscaping and minimum number of parking spaces) wasapproved by
the Planning Commission`on November 1 1993.
(b) On November 21, 1988, the Planning Commission. approved a modification to
Conditional Use Permit No: 2720 (to permit the construction of a 179-unit senior
oitizen's retirement facility adding waivers of minimum number of parking spaces
and required fencing) in order to allow the applicant to construct the 179-unit senior
retirement facility without having to develop the 99-bed skilled hursing facility:
(c) Conditional Use Permit No: 2720 (to construct a 179-unit senior citizen's retirement
facility and a 99-bed skilled nursing facility with waiver of required lot frontage) was
approved by the Planning Commission on September 30,>1985.
GENERAL PLAN AMENDMENT REQUEST:
(5) The petitioner requests an amendment to the Land Use Element Map of the General Plan to
redesignate this property from the Public-Institutional IandUse designatioh to the Low-Medium
panaity RPCidantial4and iisa riesinnatinrn.
(6)
Page 2
The Land Use Element of the Anaheim General Plan is the official guide for Anaheim's future
development. If designates the distributioh and location bf specific land uses and addresses
the permitted densities for each land use designation.
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::.View of the site from Medical Center Drive
(10) The site plah (Exhibit No 1) Indicates the following:
;bevelo"'rrlenk'Staiidards.' ~~" ~:°Pro" psedProe~t s.:~ ~M 3:ZOri~`Standards~;
Site Area ' 2.5acres 108,900 s . ft. = ' N/A
Minimum lot Width 460 feet "' 70 feet
Number of Dwellin Units 32 45
Avera a Land Area erUnit `"3,403 s . ft. 2,400 s . ft.
Lot Covera a 21'.1 %° 45%
Average Recreation/Leisure 577 sq. ft. per unit 350 sq. ft: per unit
Area' er Unit 16,480 total 11,200 total
Page 3
Staff Report to the
Planning Commission
January 9, 2006
Jtem No. 9
(11) The site plan and tract map indicate the following setbacks:
1 19 1,570 2 Bed
2.5 Baths
2 13 1,570 3 Bed
3 Baths
{15) Vehicular access would beprovided via two existing 25-foot wide driveways from Medical
Center Drive that will be enhanced with decorative concrete entry paving.. The site plan
indicates 82 parking spaces available within the project, including 2 garage spaces for each
unit, and 18 open (guest) parking spaces. Code requires a total of 82 parking spaces basedon
the requirement of 2:25 spaces for each"2-6edroom'unit (2.25 z 19 units = 43 spaces) and 3
spaces for each 3-bedroom unit (3 x 13 units = 39 spaces), Of the 82 required parking spaces,
8 spaces are designated for visitor parking:;
(16) The site plan indicates that the site would be served from an interior private accessway system,
- that would accommodate both vehicular end pedestrian circulation througheut the sjte. The
private accessways would be improved with a 5-foot wide sidewalk providing pedestrian access
to and fromall the units and to the proposed common open: space area cdnsisting of tables,
chairs and a trellis feature: The sidewalks wouldalso provide access through the complex to
the adjacent senior facility to the north.
Page 4
'Proposed Waiver
{12) The site plan indicates the project is designed with six cluster buildings containing 4 to 6 units.
with interior landscaped setbacks ranging from 15 to 40 feet between he buildings in
compliance Code. Plans further indicate that the bujldings have. a maximum building wall
length of 20 in compliance with'Code.
(13) The tentative tract map indicates the subdivision would consist of 1 airspace residential lot with
S lettered lots for the'ptivate accessways. Plans also indicate that the existing parking and
access agreement for the adjacent senior facility wilfstill be in place with this development.
(14) The floor plans (Exhibit Nos. 2 through 6) indicate 3-story units eonsisting of living room, dining:.
room, den (for Plan 1),kitchen,'patio, balcony, deck,'2 or 3 bedrooms, bathrooms, and attacfted `'
2-car garages with storage area'.: The unit ypes are summarized as follows:
Plan ' No. of Units Living Area (s:f.) No. of Bedrooms '
Bathrooms
Proposed Structural Code-Required
Direction Setbacks Structural Setbacks' Ad'acent Zohin
North (adjacent to
.Senior Residential 15 to 36 feet 15 feet CG
.Care Facilit
East (adjacent to car
dealershi 132 feet 20 feet CG
South (adjacent to
Medical Center 7 feet (to outdoor 15 feet N/A'
Drive) patio)'
15 feet to building
wall
West (adjacent to
mobile'home ark 75 feet 20 feet T
Staff Report to the
Planning Commission
January 9, 2006
Item No. 9
(17) A total of 18,480 square feet of recreational/leisure area v/ouldbe provided via a combination of
private patio areas (6,663 s.f,), private balconies (1,452 s.f.) and common green areas'10,365
s.f: Code requires a total of11,200 square feefwhich may be provided in ariycombirietion of
private dr common area.:
(18) Conceptual elevation renderings (Exhibit Nos; 7 throughg) indicate 3-story 35 foot high;
condominium buildings with Craftsman style architecture: Materials would consist of stucco
walls, contrasting white and earth tone colors, composition7oofshinglas, decorative gable end
details, wood railing, decorative lduvered shutters, brickveneer trim along thebuilding wall
elevations and brick veneer trim columns: ArchitecturalYelief is provided through the use of
:projecting balconies and decks and various projecting walls to break Up tfie' building mass. The:
colored elevation plans indicates afour-color scheme consisting of white and beige smooth
stucco walls with green doors with dark browh accent shutters: As a recommended condition of
approval, the applicant would be required to submit final detailed elevation plans indicating
enhanced materials and architectural features for staff review.
(19) The conceptual landscape plan (Exhibit No.10) indicates 26 trees (20 new trees and 6 existing:
trees) consisting of Jacaranda, Firewheel; Crape Myrtle; Brisbane Box; Suriman Cherry, Carrot
Wood; Australian Willow,.Purple Leaf Plum and Fem Pine#rees within the landscape setback
along Medical Center Drive. The plahalso indicates the same varietyof trees'proposed within
the interior landscape areas.. A variety of shrubs and groundcover is alsoproposed: The
landscape plans further indicates 3-foot high decorative fence o beprovided atthe front
entrance to each of the units for the private yard area.: Code requires one, 24-Inch boz
evergreen tree for every 20 feet of street frontage to tie planted in the landscape setback
adjacent to Medical Center Drive (460 feetl20 = 23). A layered landscaped theme is required to
provide depth: and variety within ttie landscaped setback: Code further requires that 50% of all
shrubbery be a minimum of five {5) gallons in size at the time of planting. As a'recommended
'condition of approval, the applicant will be required to sutimif final detailed landscape end
.irrigation plans for staff review.
ENVI RONMENTAh1MPACT' ANALYSIS:-
(20) Staff has reviewed the proposal and the Initial Study (a copy of which is available for review in
the Planning Department) and. findsno significant environmental impacfand, tfierefore,
recommends that a Negative Declaration be apprbved upon a finding by the Commission that.
the Negative Declaration reflects the independentjudgment of the lead agency; and. that it has
considered the proposed. Negative Declaration together with any comments received during the
publicreviewprocess and further: finding on the basisof the Initial Study and any comments
received that there is no substantial evidence that the project will have a significant effect on
the environment.
EVALUATION:
(21) Attached strtgle family residences are permitted in the RM-3 Zone, subject to the approval of a
conditionalUse permit for a Residential Planned Unit Development under authority bf Code
Section 18.06.160 pertaining to residential. planned unit developments.
(22) Waiver (a) has been deleted since the RM-3 planned unit development standards allow
flexibility regarding setbacks:
(23) Waiver (b) pertains to minimum distance of monument sign to the public right-of-way. Code
requires a minimum distance df 7 feet between the monument sign and the public right-of-way
and 2 feet is proposed:" Plans indicate an entry wall sign which incorporatesbbth theproposed
'condo development and the senior living facility. To justify thiswaiver, thepetitioner has
Page 5
Staff Report to the
Planning Commission
January 9, 2006.
Item No. 9
submitted the attached Justification Form: indicating that in order to clearly identify both uses
(senior facility and condos) from the street with the constraint of the location of the existing
driveway, the only, location where a sign'can be placed while meeting the line of sight
requiremehts; is 2 feet from the public right-of--way. The fixed locatioh bf the driveways
combined with limited opportunities for placement of the monument sign impose oonsttaints bn
the ability to appropriately identify both the senior facility and the proposedproject: The
proposed sign location complies with the line=of-sight requirements.
(24) Modification to certain development standards is allowed in order to achieve good project
design, priyacy,Jivability and compatibility with sumounding uses, as outlined in Code Section
18.06.160.! Code allows modification to standards (such as the: setback for the patios along
Medical Center Drive)',in order to achieve good project design; privacy, livability, and:
compatibility with surrounding uses.
(25) Staff believes the proposed project achieves the best design for this product type given the
configuration of the property. The scale and massing of the project is compatible with existing
land uses to the north and west and; despite the encroachment of the patios into the setback
along Medical Center Drive, the project maintainsgoodbverali project design. This
modification regarding the patios is allowed if the Commission finds that the deviation would
achieve a goodproject design; enhance the privacy ahd livability for residents withinand
around the project, and create a projecfthatis compatible and consistent with surrounding land
uses.: Staff believes that the proposed desigh achieves thesebbjectives.<
FINDINGS:
(26) Prior to making a recommendation for approval of a General Plan Amendment, Commission
shall make the following findings:
(a) The proposed amehdment maintains the internal consistency of the General Plarr,
(b) The proposed amendment would not be detrimental to the public interest, health,
safety, convenience, or welfare of the City;
(c) The proposed amendment would maintain the balance of land uses within the City;
and,
(d) If the amendment is to the General Plan land Use Map., the subject property is
physically suitable to aocommodate the proposed modification, including butnot limited
to access; physical constraints, topography; provision of utilities, antl compatibility with
sumounding land uses.
(27) Before the Planning Commission approves a conditional use permit for a residential planned:
unit development, it shall make the following findings:
(a) The uses within the project are compatible;
(b) New buildingsor structures related to the project are compatible with the scale, mass,
bulk, and crientatlon of existing buildings in the sumounding area, provided the existing.
buildings cohform with the provisions`of this title;
{c) Vehicular and pedestrian access are adequate;
(d) The project is consistent with applicable design guidelines adopted by the City;
(e) The size and shape of the site proposed for the use is adequate to allow the full
developmenfof the proposed use in a manner not detrimehtal to the particular area;
Page 6
Staff Report to the
Planning Commission
January 9, 2006
Item No.9
(f) 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;
(g)' The project complies with the General Plan and any applicable zoning or specific plan;
and
(h) 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
Cityof Anaheim:
(28) When practical difficulties or unnecessary hardships result from strict enforcement of the:
Zoning Code; a modification may be granted for the purpose of assuring thafno property,:
because of special-circumstances applicable to it, shall be deprived ofprivileges
commonlyenjoyed by other properties in the same vicinity and zone:. The sole purpose of
anyvariahce into prevent discrimination and none shall be approved which would have
the effect of granting a pecial privilege not shared by other similar properties. Therefore,
beforeany variance is granted by the. Planning Commission, ifshall be shown:
(a) That there are special circumstances applicable to the property such assize, shape,
topography, location or surroundings, which do not apply to other-identically zoned
properties fn the vicihity; and
(b) That strict application of the Zoning Code deprives the property of privileges enjoyed
by other properties under Identical zoning classifioation in the vicinity.
(29) The State Subdivision Map Act (Government Code, Section 66473.5) makes it mandatory
to include in all motions approving, or recommending approval of a tract map, a specific
finding that the proposedSubdivision together witR its design and improvement is
consistent with the City's: General Plan.
Further, the law requires that the Commission/Council make any of the following findings
when denying or recommending denial of a tract map::
1 Thaf the proposed map isnot 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 type of development.
4. That the site is not physically suitable for the proposed density of development.'.
5. That the design of the subdivision or the proposed improvements are likely to cause
substantial environmental damage or substantially and avoidably injure fish or wildlife
or their habitat:
6. That the design of the subdivision or the type of improvements is likely to cause
serious public health problems:
7. That the design of the subdivision or the type of improvements will conflict with
easements, acquired by the public at large, for access through or use of property within
the proposed subdivision.
Page 7
Staff Report to the
Planning Commission
January 9, 2006
Item No.9`
RECOMMENDATION:
(30) Staff recommends, that unless additional or contrary information is received during the
meeting; and based upon the evidence submitted to the Planning Commission; ihcluding
the evidehce presented in this staff report, ahd oral and written evidence presented at the
putilic hearing and the findingsincluded in the attached resblutions'ihcluding recommended
cohditions ofiapproval, the Planning Commission take the followingactions:
(a) By motion, a rove a Negative Declaration
(b) By resolution, recommend that the City Couhcil adopt General Plan Amendment No.
2005-00439; to redesignate the property from the Public Institutidnalland use
designation to the Low-Medium Density Residehtial1and use' designation.
(c) By resolution approve Reclassification No: 2005-001 fib to reclassify this property
- from the C-G (General Commercial) zone to the RM-3 (Residehtial; Multiple-Family)
zone.
(d) By motion; denv waiver (a)pertaining topermitted encroachments for the patios
since it has been deleted and approve waiver{b) pertaihing to the minimum distance.
of monument sign to the public right-of--way based upon the findings contained in the
staff report.
(e) By resolution, approve Cdnditional Use Permit No. 2005-05046 to construct a 32-unit
single-family attached residehtial condominium project.
(f) By motion, a rove TehtativeTract Map No: 16932 - to establish a 1-lot, 32-unit
airspace attached single-family condominium subdivision based upon'tfie attached
conditiohs'of apprbvatand that the design and improvementbf the subdivision is
consistent with the General Plah as amentled.
to the event of significant opposition at thepublic hearing for this request, the Commission may
wish to recommend City Council review of items 9c, 9d, 9e and 9f.
Page 8
[®RAFT]
RESOLUTION NO. PC2006--***
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
RECOMMENDING TO THE CITY COUNCIL ADOPTION
OF GENERAL PLAN AMENDMENT NO. 2005-00439 PERTAINING TO THE LAND USE ELEMENT
(1731 WEST MEDICAL CENTER DRIVE)
WHEREAS, the Anaheim City Council did adopt the Anaheim General Plan by Resolution No:
69R-644, as amended comprehensively by Resolution No. 2004R-95, showing the general description and
extent of possible future development within the City; and
WHEREAS, The City did receive a verified petition requesting an amendment to the General
Plan to amend the Land Use Element of the General Plan from the Institutional land use designation to the Low
Medium Density Residential designation. on a property described as follows:
PARCEL 2 OF PARCEL MAP NO 65-229, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, FILED IN BOOK 215, PAGES 10 AND 11 OF PARCEL MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of
Anaheim on January 9, 2006, at 2:30 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 18.60 "Procedures", to hear
and consider evidence for and against said proposed reclassification 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 residential development, capped at 32 dwelling units would comply with the
density jimitations and land use types identified for the Low-Medium Density Residential General Plan
designation.
2. That the proposed amendment property relates to the established land use patterns in the
vicinity and therefore, said amendment would be compatible with, and further the goals of said Plan and
therefore, Exhibit A should be adopted redesignating the subject property from the Public-Institutional land use.
designation to the Low-Medium Density Residential land use designation.
3. That *** indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition td the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to redesignate subject property from the Public-Institutional land use
designation to the Low-Medium Density Residential land use designation and does hereby approve the
Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and
that it has considered the Negative Declaration together with any comments received during the public review
process and further finding on the basis of the initial study and any comments received that there is no
substantial evidence that the project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that pursuant to the above findings, the Anaheim
Planning Commission does 'hereby recommend to the City Council of the City of Anaheim adoption of General
Plan Amendment No. 2005-00439 pertaining to the Land Use Element to redesignate the property from the
Public-Institutional land use designation to the Low-Medium Density Residential designation and capping the
number of dwelling units on this property at thirty-two.
Cr\PC2006- -1- PC2006-
BE IT RESOLVED that the Anaheim 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 conditiohs, oPany part thereof, be declared invalid o
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.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to
the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to
the issuance of building permits for this project, whichever occurs first. Failure td pay all charges shall tesult in
delays in the issuance of required permits or the revocation of the approval of this application:
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 9, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of
the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution
in the event of an appeal
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST
SENIOR SECRETARY,ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
i, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that
the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on
January 9, 2006 by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
2006
IN WITNESS WHEREOF, I have hereunto set my hand this day of ,
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION'
-2- PC2006-
[® FT]
RESOLUTION NO. PC2006--***
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT APPLICATION FOR RECLASSIFICATION NO. 2005-00168 BE GRANTED
(1731 WEST MEDICAL CENTER DRIVE)
WHEREAS, the Anaheim Planning Commission did receive a verified application far
Reclassification for real property situated in the City of Anaheim, County of Orange, State of California,
described as follows:
PARCEL 2 OF PARCECMAP NO 85-229; IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, FILED IN BOOK 215, PAGES 10 AND 11 OF PARCEL MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of
Anaheim on January 9, 2006, at 2:30 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 18.60 "Procedures", to hear
and consider evidence for and against said proposed reclassification and to investigate and make findings and
recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigatidn and study made by itself and
in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and
determine the following facts_
1. That the petitioner proposes reclassification of subject property from the C-G (General
Commercial) zone to the RM-3 (Residential, Multiple-Family) zone.
2. That the applicant is requesting a General Plan Amendment to designate this property for Low
Medium Density Residential land uses. The RM-3 zone is a typical implementation zone for this land use
designation.
3. That the proposed reclassification of subject property is necessary and/or desirable for the
orderly and proper development of the community..
4. That the proposed reclassification of subject property does properly relate to the zones'and their
permitted uses locally established in close proximity to subject property and to the zones and their permitted
uses generally established throughout the community.
5. ,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: That the Anaheim Planning
Commission has reviewed the proposal to reclassify subject property from the C-G (General Commercial) zone
to the RM-3 (Residential, Multiple-Family) zone, or less intense zone; and does hereby approve the Negative
Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it
has considered the Negative Declaration together with any comments received during the public review process
and further finding on the basis of the initial study and any comments received that there is no substantial
evidence that the project will have a significant effect on the environment.
.NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby
approve the subject Application for Reclassification to authorize an amendment to the Zoning Map of the
Anaheim Municipal Code to exclude the above-described property from the C-G (General Commercial) zone
and to incorporate said described property into the RM-3 (Residential, Multiple-Family) zone, upon the following
conditions which are hereby found to be a necessary prerequisite to the proposed use of subject property in
order to preserve the health and safety of the Citizens of the City of Anaheim:
Cr\PC2006- -1- PC2006-
1. That prior to introduction of an ordinance rezoning subject property, a preliminary title report shall be
furnished to the Planning Services Division showing the legal vesting of title, a legal description and" "
containing a map of the property.
2. That prior to placement of an ordinance rezoning subject property on an agenda for City Council
consideration, Condition No: 1, above-mentioned, shall be completed: The City Council may approve or
disapprove a zoning ordinance at its discretion. If the ordinance is disapproved, the procedure set forth in
Anaheim Municipal Code Section 18.60.140 shall apply. The provisions or rights granted by this resolution
shall become null and void by action of the Planning Commission unless said conditions are complied with
within one (1) year from the date of this resolution, or such further time as the Planning Commission may
grant.
3. That completion of these reclassification proceedings is contingent upon approval of Conditional Use
Permit No. 2005-05046, General .Plan Amendment No. 2005-00439 and Tentative Tract Map No. 16932.
4. That approval of this application constitutes approval of the proposed request only to the extent that ib
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 RESOLVED that the Anaheim 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 conditions, or any part thereof, be declared invalid or
unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any
approvals herein contained, shall be deemed null and void.
BE IT FURTHER RESOLVED, that this resolution shall not constitute a rezoning of, or a
commitment by the City to rezone, the subject property; any such rezoning shall require an ordinance of the City
Council, which shall be a legislative act, which maybe approved or denied by the City Council at its sole
discretion.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related tc
the processing of this discretionary case application within 15 days of the issuance -f the final invoice or prior tG
the issuance of building permits for this :project, whichever occurs first. Failure to pay all charges shall result in
delays in the issuance of required permits or the revocation of the approval of this application;
THE FOREGC'"~ ~, RESOLUTION was adopted at the Planning Commission meeting of
January 9, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of
the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution
in the event of an appeal
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-2-
PC2006-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that
the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on
January 9, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
2006.
IN WITNESS WHEREOF, 1 have hereunto set my hand this day of ,
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
3- PC2006-
[®~~~',
RESOLUTION NO. PC2006-'°'
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2005-05046 BE GRANTED
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California,
described as:
PARCEL 2 OF PARCEL MAP NO 85-229, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATI_ OF CALIFORNIA, FILED IN BOOK 215, PAGES 10 AND 11 OF PARCEL MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA:
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on January 9, 2006, at 2:30 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 18.60, 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 No. 18.06.160, to construct a 32-unit single-family attached residential
condominium project with waiver of the following:
(a) Section No. 18.06.090.080.0806 - (Deleted)
(b) Section No. 18.44.070:010 , - Minimum Distance of Monument Sign to
Public Riaht-of-Wav
`feet required; 2 feet proposed)
2. That the above-mentioned waiver (a) is hereby denied because it has been deleted.
3. That the above-mentioned waiver (b) is hereby approved based on the finding that the
property is unique in that the location of the existing driveway constrains the permitted location of the sign.
in order to meet the line-of-sight requirements, the sign must be placed two (2) feet from the public right-of-
way to clearly identify both uses (senior facility and condos) from the street.
4. That the proposed use will not adversely affect the adjoining land uses or the growth and
development of the area in which it is proposed to be located as the proposed project is compatible with
existing and surrounding land uses and that the deviations from the Code as provided in Section 18.06.160
would achieve a good project designed to enhance the privacy and. livability for residents within and around
the project..
5. That the proposed use would not adversely affect the adjoining land uses and the growth
and development of the area in which it is proposed....
6. 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 or to the health and
safety,
7. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area as the proposed project.
Cr\PC2006-0 -1- PC2006-
8. That the granting of the conditional use permit under the conditions imposed will not be
detrimental to the health and safety of the citizens of the City of Anaheim.
9. That "` indicated their presence at saitl public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the,proposal to construct a 32-unit single-family attached residential condominium
project; and does hereby approve the Negative Declaration upon finding that the declaration reflects the
independent judgment of the lead agency and that it has considered the Negative Declaration together with
any comments received during the public review process and further finding on the basis of the initial study
and any comments received that there is no substantial evidence that the project will have a significant effect
on the environment:
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commis m 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 subjecfprdperty in ordeFto preserve the
health and safety of the Citizens of the City of Anaheim:
1. That roll-up garage doors shall be shown on plans submitted for building permits. Said doors shall
be installed and maintained as shown on submitted plans.
2. That gates shall not be installed across any driveway or private street in a manner which may
adversely affect vehicular traffic in the adjacent public street. Installation of any gates shall conform
to Engineering Standard Plan No. 609 any shall be subject to the review and apprbvaf of the
Planning Services Division. Said information shall be specifically shown on plans submitted for
building permits.
3. That final andscaping and fencing plans for the subject property shall be submitted to the Planning
Services Division for review and approval. Any decision made by the Planning Services Division
regarding said plan may be appealed to the Planning Commission. All trees shall be properly and
professionally maintained by the homeowners association to ensure healthy growth.
4. That final building elevation plans and a colors and materials board, showing building articulation,
enhanced materials and architectural embellishments for all elevations, shall be submitted to the
Planning Services Division for review and approval. Any decision made by the Planning Services
Division regarding said plan may be appealed to the Planning Commission.
5. That all air-conditioning facilities and other ground-mounted equipment shall be properly shielded
from view and the sound buffered from adjacent residential properties. Such information shall be
specifically shown on the plans submitted for building permits.
6. That all plumbing or other similar pipes and fixtures located on the exterior of the buildings shall be
fully screened by architectural devices and/or appropriate building materials. Said information shall
be specifically shown on the plans submitted for building permits.
7. That the property shall be permanently maintained in'ah drde~ly 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 clothes washer and dryer hookups shall be incorporated into each dwelling unit and shall be
shown on the plans submitted for building permits.
-2- PC2006-
That this Conditional Use Permit is granted subject to approval of General Plan Amendment No.
2005-00439, Reclassification No. 2005-00168 and the approval and recordation of Tentative Tract
Map Nd. 16932., now pending:
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 the locations for future above-ground utility devices including, but not limited to, electrical
transformers, water backflow devices, gas, communications and cable devices; etc:, shall be shown
on plans submitted for building permits. Plans shall also identify the specific screening treatments of
each device (i.e., landscape screening, color ofwalls, materials, identifiers; adcess'pdints, etc.) and
shall be subject to the review and approval of the appropriate City departments. Said information
shall be specifically shown on plans submitted for building permits.
12. That any required relocation of City electrical facilities shall be at the developer's expense.
Landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall'be
shown on plans submitted for building permits.
13. That no required parking area shall be fenced brotherwise enclosed for outdoor storage uses.
14, That plans shall be submitted to the Traffic and Transportation manger for his review and approval
showing conformance with Engineering Standard No. 115 pertaining to sight distance visibility for the
monument sign and fence location(s).
15. ' ` That each individual building and unit shall be clearly marked with its appropriate building number
and address. Marking shall be positioned so they are easily Mewed from vehicular and pedestrian
accessways throughout the complex. Main building numbers shall be a minimum height of 12" and
illuminated during hdursbf darkness Said infdrmation shall be specifically shown on plans
submitted for building permits:
16. That No Trespassing 602(k)P.C. signs shall be posted at the entrance to the parking lot and located
in other appropriate places
17. Thafall entrances to the parking area shallbe posted with appropriate signs per 22658(a) C.V.C to
assist in removal of vehicles at the property owner's association request
18. That the parking designated for the adjacent senior facility as required under the Fecorded access
agreement, shall only be used for parking for the senior facility and not for any guest parking or
resident parking from this development-
19. - That the City of Anaheim Sewer Impact Mitigation fee for the Combined West Anaheim Area, Zone B
shall be paid.
20. That placement of physical barriers capable of stopping or deflecting a moving vehicle (lbw concrete
wall, concrete planters, steel bollards, etc.) between any outdoor recreation areas and adjacent
parking spaces is shall be shown on plans submitted for building permits.
21. That prior to the issuance of a grading permit; the applicant shall submit to the Public Works
Department, Development Services Division for review and approval a Water Quality Management
Plan that:
a Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious
areas, maximizing permeability, minimizing directly connected impervious areas, creating
reduced or "zero discharge" areas, and conserving natural areas.
a Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area
Management Plana
-3- PC2006-
a Incorporates Treatment Control BMPs as defined in DAMR
a Describes the long-term operation ar:! maihtenance requirements for the Treatment Control ._
BMPs.
m Identifies the entity that will be responsible for long-term operation and maintenance of the...
Treatment Control BMPs, and describes the mechanism for funding the long-term operation and
maintenance of the Treatment Control BMPs.
22. That prior to issuance of a certificate of occupancy, the applicant shall
W Demonstrate that all structural BMPs described in the Project WQMP have been constructed
and installed in conformance with approved plans and specifications..
Demonstrate that the applicant is prepared to implement all non-structural BMPs desdritied in
the Project WQMP
Demonstrate that an adequate number of copies of the approved Projects WQMP are available
onsite.
Submit for review and approval by the City an Operation and Maintenance Plan for all structural
BMPs..:
23. That sanitary sewer and storm drains for this development shall be privately maintained.
24. That streets within the development shall be privately maintained. On-street parking is allowed only
in designated parking stalls. The street improvement plans shall either include no parking signs or
red curbs to identify the parking. restriction.
25. That a plan sheet for solid waste storage, collection and a plan for recycling shall be submitted to the
Public Works Department, Streets and Sanitatipn Division for review and approval.
26. That trash storage areas shall be provided and maintained in a location acceptable to the Public
Works Department 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 planf materials such as minimum. one-gallon size clinging vines planted
on maximum three-foot centers or tall shrubbery. Said information shall be specifically shown on the
plans submitted for building permits
27. That all backflow equipment shall be located above ground and outside of the street setback area in
a manner fully screened from all public streets. Any backflovr assemblies currently installed in a
vault shall be brought up to current standards. Any. other lar,:~ water system equipment shall be
installed to the satisfaction of the Water Engineering Division in either underground vaults or outside
of the street setback area in a manner fully screened from all public streets and alleys. Said
information shall be specifically shown on plans and approved by the Water Engineering
Department.
26. That all requests for new water services or fire lines, as well as any modifications, relocations, or
abandonments of existing water services and fire lines, shall be coordinated through Water
Engineering Division of the Anaheim. Public Utilities Department.
29. That since this project has a landscaping area exceeding 2,500 square feet; a separate irrigation
meter' shall be installed in compliance with Chapter 10.19 of the Anaheim Municipal Code. Said
information shall be specifically shown oh plans submitted for building permits.
30. That all existing water services and fire lines shall conform to current Water Service Standards
Specifications. Any water service and/or fire line that does not meet current standards shall be
-4- PC2006-
upgraded if continued use if necessary or abandoned if the existing water service is no longer
needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water
service of fire line.-
31. That prior to application for water meter, fire line or submitting the water improvement plans for
approval, the developer/owner shall submit to the Public Utilities Water Engineering an estimate of
the maximum fire flow rate and maximum day and peak hour water demands for the project. This
.information will be sued to determine the adequacy of the existing water system to provide the
estimated water demands. Any off-site water system improvements required to serve the project
shall be done in accordance with Rule No. 15A.6 of the Water Utility Rates; Rules and Regulations.
32. That prior to rendering water service, the developer/owner shall submit a set of improvement plans
for Public Utilities Water Engineering. review and approval in determining the conditions necessary
for providing water service to the project.
33 That water improvement plans shall be submitted to the water Engineering Division for approval and
a pertormance bond in the amount approved by the City Engineer and form approved by the City
Attorneyshalt be posted with the City df Anaheim.
34. That all driveways shall be constructed with ten (10) foot radius curb returns as required by the City
Engineer in conformance with Engineering Standard No. 115. Said information shall be shown on
the plans submitted for building permits.
35. That the property owner/developer shall install street lights on Medical Center Drive. A bond for the
installation of the streetlights shall be posted with the City of Anaheim prior to issuance of building
permits. The streetlights shall be installed prior to occupancy of the first unit.
36. That any required relocation of City electrical facilities shall be at the developer's expense.
Landscape andlor hardscape screening of all pad-mounted equipment shall be required and shall be
shown on plans submitted for building permits.
37. ..That the subject property shall be developed substantially in accordance with the plans and
specifications submitted to the City of Anaheim by the petitioner and which plansareon file with the
Planning Department Exhibit Nos. 1 through 10, and as conditioned herein.
38. That prior to issuance of a building permit, or within a period of one (1) year from the date of this
resolution, whicheveroccurs first, Condition Nos. 1, 2, 3, 4, 5, 6, 8, 9, 1 T, 12; 14, 15, 16, 17, 19, 20,
25, 26, 27, 29, 39, 40 and 41 above mentioned, shall be complied with. Extensions for further time
to complete said conditions may be granted in accordance with Section 18.60:170 of the Anaheim
Municipal Code.
39. That prior to issuance of a grading permit, or within a period of one (1) year from the date of this
resolution, whicheveroccurs first, Condition No. 21 shall be complied with. Extensions for further
time to complete said conditions may be granted in accordance with Section 18.60.170 of the
Anaheim Municipal Code.
40. That prior to final building and zoning inspections, Condition Nos. 16, 17, 22 and 35 above
mentioned, shall be complied with. Extensions for further time to complete said conditions may be
granted in accordance with Section 18.60.170 of the Anaheim Municipal Code.
41. 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.
-5- PC2006-
BE IT FURTHER RESOLVED that the Anaheim Planning Commission ddes 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.
SE IT FURTHER RESOLVED that the applicant is responsible for paying alf charges related
to the processing of this discretionary case application within 15 days of the issuance of the final invoice or
prior to the issuance of building permits for this project, whichever occurs first: Failure to pay all charges
shall result in delays in the issuance of required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 9, 2006: Said resolution is subject to the appeal provisions set forth in Chapter 16.60; "Zoning
Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeal.
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss-
CITY OFANAHEIM.. )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on January 9, 2006, 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
2006.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-6- PC2006-
City of Anaheim
~LANNI~G ~E~AIZ'~'19~EI~I'T
January 9, 2006
wwvr.ana~eim.ner
Property Reserve Ina
Attn: Mark Gibbons
5 Triad Center, Suite 650
Salt Lake City, Utah 84180
Following is an excerpt from the minutes of the Anaheim Planning Commission meeting
of January 9, 2008.
9a. CEQA NEGATIVE DECLARATION
9b. GENERAL PLAN AMENDMENT NO. 2005-00439
9c. RECLASSIFICATION NO. 2005-00168
9d. WAIVER OF CODE REQUIREMENT
9e. CONDITIONAL USE PERMIT NO. 2005-05046
9f. .TENTATIVE TRACT MAP NO. 16932
Owner: Property Reserve Inc., Attn: Mark Gibbons, 5 Triad Center, Suite
650,' Salt Lake City; Utah 84180
Agent: Jackie Rodarte, The Olson Company, 3020 Old Ranch Parkway,
Suite 400, Seal Beach, CA 90740
Location: 1731 Medical Center Drive: Property is approximately 2.5 acres,
having a frontage of 462 feet on the north side of Medical Center
Drive and is located 587 feet west of the centerline of Euclid Street.
General Plan Amendment No. 2005-00439 -Request to redesignate the property
from the Public Institutional land use designation to the Low-Medium Density
Residential land use designation.
Reclassification No. 2005-00168 -Request to reclassify the property from the C-G
Commercial (General Commercial) zone to the RM-3 (Residential, Multiple-Family)
zone or Tess intense zone:
Conditional Use Permit No. 2005-05046 -Request to permit a 32-unit; single-
family attached residential condominium project with waivers of (a) permitted
encroachments into required street setback and (b) minimum distance of
monument sign from public right-of-way.
Tentative Tract Mao No. 16932 -Request to permit a 1-lot, 32-unit airspace
attached residential condominium subdivision.
ACTION: Commissioner XXX offered a motion, seconded by Commissioner XXX and
MOTION CARRIED, that the Anaheim Planning Commission has reviewed the proposal
and does hereby approve a CEQA Negative Declaration upon finding that it serves as
adequate environmental documentation regarding this request for Tentative Tract Map
Nd. 16932 (to establish a 1-lot, 32-unit airspace attached residential condominium
subdivision) subject to the following conditions:
200 Soulh Anaheim Boulevard
P.0. Box 3222
Anaheim, California 92803
TEL (714) 765-5139
1. That prior to the issuance of the first building permit, excluding model homes, the
final map shall be submitted to and approved by the City of Anaheim and the Orange.
County Surveyor and then shall be recorded in the Office of the Orange County ° °°' -
Recorder (Subdivision Map Act, Section 66499.40).
2. That all condominium units shall be assigned street addresses by the Building
Division of the Planning Department. Street names for any new private street (if
requested by the developer or request by the City) shall be submitted to and
approved by the Building Division of the Planning Department.
3. That a maintenance covenant, shall be submitted to the Subdivison Section and
approved by the City Attorney's office. The covenant shall include provisions for
maintenance of private facilities, including compliance with approved Water Quality
Management Plan, and a maintenance exhibit. The covenant shall be recorded
concurrently with the final map.
4. That the legal property owner shall execute a Subdivision Agreement, ih a form
approved by the City Attorney, to complete the required public improvements at the
legal property owner's expense: Said agreement shall be submitted to the Public
Works Department, Subdivision Section approved by the City Attorney and City
Engineer and then recorded concurrently with the final map.
5. That the vehicular access rights to Medical Center Drive, except at street
intersections, shall be released and relinquished to the City of Anaheim.
6. That the legal property owner shall irrevocably offer to dedicate to the City of
Anaheim, Water Engineering Division, an easement twenty (20) feet in width for
water service mains and/or an easement for large meters and other public water
facilities_
7. That approval of this tract map shall be subject to approval and finalization of
Reclassification No. 2005-00168, General Plan Amendment No. 2005-00439 and
Conditional Use Permit No. 2005-05046,-
8. That prior to final map approval, Condition Nos. 1 through 7, above-mentioned, shall
be complied with.
9. 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..
Sincerely,
Eleanor Morris, Senior Secretary
Anaheim Planning Commission
cc; Jackie Rodarte, The Olson Company, 3020 Old Ranch Parkway, Suite 400, Seal Beach, CA
90740.
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Attachment -Item fVo. 9
PETITIONER'S STATEMENT OF
JUSTIFICATION FOR VARIANCElCODE WAIVER
(NOT REQUIRED FOR PARKING WAIVER)
REQUEST FOR WAIVER OF CODE SECTION:
PERTAINING TO:
required for each Code waiver)
Sections 18.03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver may be
granted by the Zoning Administrator or Planning Commission, the following shall be shown:
That there are special circumstances applicable to the property, including size,'shape, topography, location or
surroundings, which do not apply to other property under identical zoning classification in the vicinity; and
2. 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 azsist the Zoning Administratoi: or Planning Commission to
arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought' fully
and as completely as possible. If you need additional space, you may attach additional pages.
Are there special circumstances that apply to the property in matters such as size, shape, topogrnphy, location or
surroundings?~ Yes _ No.
If your answer is "Yes," describe the special circumstances:
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2. Are the special circumstances that apply to the property different from other properties in the vicinity wnicn
same zone as your property? ~C Yes _ No
If your answer is "yes," describe how the property is different: c-lt,.~ -}m~~,~,,,~,,, sa~_~
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 ansy{er if "yes," describe the special c'vcumstances: ~ . , r ~„
4. Were the special circumstances created by causes beyond the control of the property owner (or previous property
owners)? ~, Yes ; ~ No
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The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or.Code waiver shall be
approved which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone
which is not otherwise expressly authorized by zone regulations governing subject property. Use variances are not permitted.
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re of Property Owner or Authorized Agent Date
376251DBCEMBER 12, 2W0
CONDITIONAL USE PERMIT/VARIANCE NO.
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ITEM NO. 10
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Variance No. 2005-04655 Subject Property
Tentative Parcel Map No. 2005-157 Date: January 9, 2006
Scale: 1" = 200'
Requested By: GARY CALKINS TRUST Q.S. No. 197
REQUESTS WAIVERS OF: (A) MAXIMUM STRUCTURAL HEIGHT
(B) MAXIMUM RETAINING WALL HEIGHT
(C) LOT FRONTAGE ON A PUBLIC OR PRIVATE STREET
TO CONSTRUCTASZNGLE-FAMILY RESIDENCE.
TO ESTABLISH A 2-LOT, 2-UNIT DETACHED SINGLE-FAMILY RESIDENTIAL SUBDIVISION.
6263 East Trail Drive
z11a
Staff Report to the
Planning Commission
January 9, 2006
Item No. 10
I 10a. CEQA MITIGATED NEGATIVE DECLARATION (Motion for continuance)
10b. VARIANCE NO. 2005-04655
10c. TENTATIVE PARCEL MAP NO. 2005-157
SITE LOCATION AND DESCRIPTION:
(1) This irregularly-shaped, 3.2-acre property has a frontage of 47 feet at the terminus of Trait
Drive, a maximum depth of 737 feet and is located 145 feet west of the centerline of
Whitestone Drive (6263 East Trail Drive).
REQUEST:
(2) The applicant requests approval of the following:
Variance No. 2005-04655 -Request waivers of (a) maximum structural height, (b)
maximum retaining wall height and (c) lot frontage on a public or private street to construct
asingle-family residence.
Tentative .Parcel Mao No. 2005-157 - To establish a 2-lot, 2-unit detached single-family.
residential subdivision.
BACKGROUND:
(3) This property is developed with asingle-family residence and is zoned RH-2 (SG) (Single-
Family, Hillside Residential; Scenic Corridor Overlay). The property is designated for Estate
Density Residential land uses in the Anaheim General Plan. The General Plan designates.
properties abutting the site to the north; east and south for Estate Density Residential land
uses and the properties to the west for Low Density Residential land uses.
(4) Staff is requesting a continuance of two (2) weeks, to the January 23, 2006, meeting to
comply with the review period requirements far the Mitigated Negative Declaration
associated with this request. The applicant agrees with this continuance request
RECOMMENDATION:
(5) That the Commission, by motion, continue this item to the January 23, 2006, Planning
Commission meeting.
S R-VAR2005-04655(co n't)a kv
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