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PC 2006/05/01----- ,4 ~ a6ed X90/ L O/40) oop' 9010901sepua6e~~equa~o~soop~: H ;au•wiayeue uoissiwwoo uiuue~ asa~ppe view-a 6uinnopo; ayl 6uisn uo~ssiwwo~ 6uiuue~d aya ~o; a6essaw a anew ~(ew no,~ ;uawu~no(py . swa~l 6ul~eaH allgnd . ~epuale~;uasuo~ . s;uawwo~ o!Ignd • aouel6apy;p a6pald • • e;a~oas aye o} l! ~iwgns pue aouenpe u~ p~eo ~a~ea sea;a~ woo asea~ epua a ay; uo wadi ue uip~e a~ ~uawa~e~s a anew o; ysian no )i saso ~n ui aa~{ p~ooa~ ~o~ 'W'd OE~Z Bul~eaH ollgnd of auanuooaa uolssag 6ul~eaH ollgnd uoou~a~}d of ssaoab . epua6e 9002 ' ~ ~(eW aye uo swa;l ~o~ nnalna~l geld /~eulwpa~d (uolsslwwo~ 6uluueld ~(q pa~sanba~ sy) sanssl pue s~uawdolanap ~~1~ snouen uo uolsslwwo~ o} a}epdn }~e~g . 'IAI'd 00~ L nnalnaa veld tieulualla~d ~aP~O of ilea • (~(oueoen aup) 'zanbselan fed 'aawo~ /Glued hle~e~{ ydaso~ `e}}n8 ~Ila~i a~auolsslwwo~ • sa~ol~ ellloa~ :a~odwal-ad uewney~ . uewlse3 ileJ :uew~rey~ . elwo3lle~ 'wlayeuy 'p~enalnog wlayeuy y}noS OOZ IIeH ~t}l~ '~agwey~ pouno~ 9002 d ~IIV ~pu® ISSI 111 UPI Anaheim Planning Commission Agenda - 2:30 P.IIA. 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. Planning Commission Appointment: Request For Consideration Of Potential Appointment Of Planning Commission Alternate For The Following: Utilities Underground Conversion Subcommittee 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 andlor removed from the Consent Calendar for separate action. Reports and Recommendations fVlinutes 1A. Receiving and approving the Minutes from the Planning Commission Meeting of April 17, 2006. (Motion) H:\dots\clerical\agendas\050106.doc (OS/01 /06 ) Page 2 Public Hearing Items: 2a. CEQA NEGATIVE DECLARATION 2b. WAIVER OF CODE REQUIREMENT 2c. CONDITIONAL USE PERMIT NO. 2005-05060 2d. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2005-00024 Owner: Pietro T. Trozzi, 9471 Gateshead Drive, Huntington Beach, CA 92646 Agent: Rick Solberg, Solberg & Associates, 201 East Center Street, Anaheim, CA 92805 Location: 3242 West Lincoln Avenue: Property is approximately 1.5 acres, located east and south of the southeast corner of Westchester Drive and Lincoln Avenue, having frontages of 136 feet on the south side of Lincoln Avenue and 187 feet on the east side of Westchester Drive (Maria's Pizzeria and Billiards). Conditional Use Permit tJo. 2005-05060 -Request to permit a restaurant and billiard facility with the on-premises sale and consumption of beer and wine with waiver of minimum number of required parking spaces. Determination of Public Convenience and Necessity No. 2005-00024 - Request to permit sales of beer and wine for on-premises consumption within a restaurant and billiard facility. Continued from the February 6, March 20, and April 17, 2006, Planning Commission meetings. Conditional Use Permit Resolution No. Public Convenience or Necessity Resolution No. 3a. CEQA NEGATIVE DECLARATION 3b. WAIVER OF CODE REQUIREMENT 3c. CONDITIONAL USE PERMIT N0.2006-05069 Owner: Public Storage Euro Partnership, 701 Western Avenue, Glendale, CA 91201 Agent: Dean Grobbelaar, Pacific Planning Group, INC.., 23412 Moulton Parkway, Suite 140, Laguna Hills, CA 92653 Location: 4880 East La Palma Avenue: Property is approximately 3.5 acres, having a frontage of 340 feet on the south side of La Palma Avenue and is located 115 feet west of the centerline of Manassero Street. Request to construct afive-story self storage building with building heights exceeding 60 feet with waivers of (a) maximum floor area ratio and (b) maximum fence height. Continued from the March 20, and April 17, 2006, Planning Commission meetings. Conditional Use Permit Resolution No. H:\d ocs\cl erica I\agend a s\050106. d oc Request for continuance to May 15, 2006 Pmject Planner. (kwono2(alanaheim. nett Pmject Planner.• QnixonQanaheim.net) (05/01 /O6) Page 3 4a. CEQA CATEGORICAL EXEMPTION, CLASS 11 (READVERTISED) 4b. VARIANCE NO. 2006-04681 Owner: Karl A. Bergstrom, 1652 La Loma Drive, Santa Ana, CA 92705 Agent: Steve Sheldon, 901 Dove Street, Suite 140, Newport Beach. CA 92660 Location: 200 West Alro Way: Property is approximately 1.5 acres, having a frontage of 100 feet on the south side of Alro Way and is located 115 feet east of the centerline of Manchester Avenue (Bergstroms). Request waivers of (a) continuation and termination of legal non- conforming signs and (b) maximum letter height for wall signage to retain one non-conforming business identification pole sign with electronic message board and one non-conforming business identification wall sign. Continued from the April 3, 2006, Planning Commission meeting. Variance Resolution No. 5a. CEQA NEGATIVE DECLARATION 5b. CONDITIONAL USE PERMIT NO. 2006-05077 Owner: Southern California Edison, RobertTeran, 2244 Walnut Grove Ave, Rosemead, CA 91770 Agent: John Koos, Core Communications, 1509 Allyson Court, Brea, CA 92821 Location: 2711 West Yale Avenue: Property is approximately 3.5 acres, having a frontage of 265 feet on the north side of Yale Avenue, and is located 139 feet west of the centerline of La Reina Street (Southern California Edison Easement). Request to permit a telecommunications facility on an existing Southern California Edison lattice tower with accessory ground mounted equipment. Conditional Use Permit Resolution No. H:\d ocs\clerical\agend as\050106. d oc Request for continuance to May 15, 2006 Project Planner: (dherrick oQanaheim.net) Project Planner. (dherrickQanaheim.oet) (05l01I06) Page 4 6a. CEQA NEGATIVE DECLARATION 6b. CONDITIONAL USE PERMIT NO. 2006-05080 Owner: Southern California Edison Company, 2131 Walnut Grove Ave, Rosemead, CA 91770 Agent: John Koos, Core Communication, 1509 Allyson Court, Brea, CA 92821 Location: 2719 West Ball Road: Property is approximately 7.77 acres, having a frontage of 265 feet on the north side of Ball Road, and is located 146 feet west of the centerline of Sherrill Street. Request to permit a telecommunications facility on an existing Southern California Edison tower with accessory ground-mounted equipment. Project Planner (kwong2Qanaheim.net) Conditional Use Permit Resolution No. 7a. CEQA NEGATIVE DECLARATION 7b. CONDITIONAL USE PERMIT NO. 2006-05079 Owner: Idelfonso G. Marquez Jr. and Cheryl Y. Marquez, 1835 South Lewis Street, Anaheim, CA 92805 Agent: MVA Architects, 2151 Michelson Drive, Suite 140, Irvine, CA 92612 Location: 1835 South Lewis Street: Property is approximately 0.5 acre, having a frontage of 117 feet on the west side of Lewis Street and is located 517 feet south of the centerline of Katella Avenue. Request to permit a mortuary to cremate and embalm human remains in an existing industrial building. project Ptannen (kwong2Qanaheim.nel) Conditional Use Permit Resolution No. H:\dots\clerical\agendas\050106.doc (OSI01I06) Page 5 Sa. CEQA NEGATIVE DECLARATION 8b. RECLASSIFICATION NO. 2006.00176 Agent: Anaheim Redevelopment Agency, 201 South Anaheim Boulevard, Anaheim, CA 92805 Location: {No address): Parcel A: Property is approximately 1.3 acres located west of the terminus of Glenoaks Avenue at the intersection of Greenleaf Avenue and Glenoaks Avenue, with a frontage of 436 feet on the west side of Greenleaf Avenue (No address). Parcel B: Property is approximately 2.6 acres located south of the terminus of Chippewa Avenue at the intersection of Crescent Avenue and Chippewa Avenue, with a frontage of 413 feet on the south side of Crescent Avenue (No address). Parcel C: Property is approximately 0.84 acre located at the northeast corner of Wilshire Avenue and Pearl Street. City-initiated (Community Development Department) request to reclassify: (a) Parcel A from the RM-3 (Multiple-Family, Residential) zone to the RM- 4 (Multiple-Family, Residential) zone, or a less intense zone, (b) Parcel B from the RS-3 (Single-Family, Residential) zone to the RM-3 (Multiple- Family, Residential) zone, or a less intense zone, and (c) Parcel C from the C-G (General Commercial) zone to the RM-4 (Mult(ple-Family, Residential) zone, or a Tess intense zone to allow for the future construction of three affordable housing projects. Project Planner. Reclassification Resolution No. (dsee aQananeim.ner) 9a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) Request for 9b. CONDITIONAL USE PERMIT NO. 2003-04685 continuance to (TRACKING NO. CUP2006-05078) May 15, 2006 Owner: Carlo John Lugaro Trust, 1145 Glen View Drive, Fullerton, CA 92835-4032 Agent: Joseph Karaki, Western States Engineering, 4887 East La Palma Avenue, Anaheim, CA 92807 Location: 590 North Magnolia Avenue: Property is approximately 0.8 acre and is located at the southeast corner of Magnolia Avenue and Crescent Avenue. Request to modify exhibits and amend or delete conditions of approval to modify apreviously-approved automobile car wash facility with accessory fast food restaurant and accessory retail sales to permit a self serve car wash faClllty. Project Planner.• Qpramin;zQanaheim.net) Conditional Use Permit Resolution'No. H:\docs\clerical\agendas\050106.doc (05I01I06) Page 6 Adjourn To Monday, May 15, 2006 at 1:00 P.M. for Preliminary Plan Review. CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 4:00 p.m. April 28, 2006 (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: ~i/N,{.{1A~~~0 / ' / !Y It~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 Tele hone S stem at 714-765-5139. H:\dots\clerical\agendas\050106.doc (05101 /06) Page 7 SCHEDULE 2006 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:\docs\clerical\agendas\050106.doc (05/01 /06) Page 8 . ........................ Item No. 2 RS-A~3,000) T-CUP 2 0 01-04 45 9 T-CUP 2081-04437 RCL 82-83-28 CUP 4161 CUP 527 MOBILE HOME PARK T RCL B6-B7-35 (Res of Int to RM-3000) 1Du ~ FD 0 MEDICAL IAL ena PROFESS IDP ZONAL RM-2 RCL 79-BO-04 CUP 1691 VAR 3117 14 DU ELEMENTARY SCHOOL ® ® ® ® ® ® ® ® ® ® T CUP 3440 CUP 2405 SENIOR CITIZEN APARTMENTS 135 DU LINCOLN AVE I®-136' RCL 59-fi0-60 VAR 1300 RM-0•._ ...... RCL 63-64-19 VAR 1596 "31 DU RM-4 RCL 84-85-16 VAR 3451 cc RCL 66{747 ac CL 6364-1 6D DU APTS. RCL 63b4-37 CUP 2560 CUP 912 VAR 2692 VETERI- NARIAN ECONO- WOE 1 Q RCL fi1621 ~ ~ RCL 63-60.131 a m v ~. ~ y CUP 414 ~._. i ~ CUP t9 9 W P 622 CUP 3634 m'Q 'RM-0 CUP 4oa a > ` ~ ' ~ cuP 3534 CUP ne3 ~vO1i RCL 87-66-55 ~ V ACANT LAND + ~. ~ RM-0 VAR 243] ' m of VAR 3600 fQ `1 - ., u . j RCL 73-74-33 Mc DONALD S REST. mm W~ . ,,,~.. -..„„ ,- „~ "'~""'-"' APARTMENTS = PGN 96-07 VU RCL fi1.62-161RCL 60b1-20 ~ RCL 6566-96 WP1026 ~ ~ ~ CUP 2005.05060 CUP 2963) CUP 2166 VAR Zi52 V R 77 m ) CUP 4050 CUP 2836 ®® A 1 1 WP1622 + CUP 2136 CUP 2479 p CUP 1456 GARWASH/REST. RM-4 RCL 76-79-15 CUP 414 VAR 3051 VAR 1726 S CUP 404 APARTMENTS 194 DU I RCL 60-61-20 -----J VAR 1380 ®®®®OEL MONTE pR APARTMENTS. 19 DU EACH RM-0 RCL 72-73- Conditional Use Permit No. 2005-05060 Y ~; Subject Property Determination of Putilic Convenience or Necessity No. 2005-00024 Date: May 1, 2006 Scale: 1" = 200' Requested By: PIETRO T. TROZZI Q.S. No. 5 CONDITIONAL USE PERMIT NO. 2005-05060 - REQUEST TO PERMIT A RESTAURANT AND BILLIARD FACILITY WITH ON-PREMISES SALE AND CONSUMPTION OF BEER AND WINE WITH WAIVER OF MINIMUM NUMBER OF REQUIRED PARKING SPACES. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2005-00024 - TO PERMIT SALES OF BEER AND WINE FOR ON-PREMISES CONSUMPTION WITHIN A RESTAURANT AND BILLIARD FACILITY. 3242 West Lincoln Avenue - Maria's Pizzeria and Billiards 2150 Staff Report to the Planning Commission May 1, 2006 Item No. 2 2a. CEQA NEGATIVE DECLARATION (Motion for contintiance) 2b. WAIVER OF CODE REQUIREMENT 2c. CONDITIONAL USE PERMIT NO. 2005-05060 ' 2d. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY N0. 2005-00024 SITE LOCATION AND DESCRIPTION: (1) This irregularly-shaped., 1.5-acre property is located east and south of the southeast corner` of Westchester Drive and Lincoln Avenue, with a frontage of 136 feet on the south side of Lincoln Avenue and a frontage of 187 feet on the east side of Westchester Drive (3242 West Lincoln Avenue - Maria's Pizzeria and Billiards). ; REQUEST: (2) The applicant requests approval of the following: (a) Conditional Use Permit No. 2005-05060 to permit a billiard facility and on-premises sale and consumption of beer and wine in conjunction with afull-service restaurant under authority of Code Section No. 18.08.030.04p with waiver of: SECTION NO. 18.42.040.010 Minimum number of parking spaces 114 required; 102 existing and recommended by staff) (b) Determination of Public Convenience or Necessity No. 2005-00024 to permit the retail sales of beer and wine for on-premises consumption in conjunction with afull-service Yestaurant: (This item has been withdrawn since this determination is made by ABC in conjunction with a Type 41 (restaurant) license) BACKGROUND: (3) This property is developed with a 13-unit commercial retail shopping center and is zoned C-G (General Commercial): The Anaheim General Plan designates this property for Low- Medium Density Residential land uses. The Anaheim General Plan further designates properties in all directions for Medium Density Residential land uses. This property is located within the Merged Redevelopment Area (4) This item was continued from the February 6, March 20, end April 17, 2006, Planning Commission meetings to allow the applicant to redesign the floor plan. The agent, Rick Solberg, has submitted the attached letter dated, April 19, 2006, requesting a further continuance to the May 15, 2006, Commission meeting to allow for time for advertisement of a new request and to revise floor plans. •. RECOMMENDATION: (5) That the Commission, by motion, continue this item to the May 15, 2006, Planning Commission meeting. Srcup2005-05060klwcont5106. do c Page 1 Attachment -Item No. 2 4/ 19/06 Kim Wong Project Planner City of Anaheim RE: 3242 Lincoln Ave. Kim, we request that our CUP 2005-05060 submittal be continued from the May 1 meeting and be placed on the agenda for the May I5`" meeting . We are revising our design to subdivide the proposed leasehold to two spaces. One would be a 3,000 sf Italian restaurant serving alcohol and the remaining 2,000 +/- sf would be a retail leasehold Thank you for facilitating this request. Sincerely, Rick Solberg __i Item No. 3 f- W W •- SP 94-1 (SC) RCL 66-fib-24 (29) RCL 65-66-13 CUP 2922 VAR 3636 VAR 2876 ADJ 0143 SMALL INDUSTRIAL FIRM J ~ 1 1 ~ 1 v . '~~_ o ~ g~ SP 944 (SC ~ -1 SP 94-1 (SC) Vn ~n tO d fO RCL 66-67- Res. of Intent to ML ( ) ~ ~ ~r ~ 9 ~O ~ '' DA 2 RCL 66 67-64 (10) ~~ Sm RCL 66-67-63 m c $~ ' -~-r.~F CUP 2006-06069 °i ~ `o~ a U U AJAX CEMENT ~ ° roz ~p c ~ CUP 3916 ,n (~ ` ~~ ~~ COMPANY ~ ~_ ~Y . v~;:. VAR 3267 o ° v¢ o' ~ `~ PS a x ~ ? ,STORAGE ..i.. T RCL 70-71-47 (Res of Intent to ML) RCL 70-71-06 SP sa-1 (sc> DA 2 RCL 65-66-24 (29) RCL 65-66-13 CUP 2922 CUP 3752 VAR 3638 VAR 2678 CATELLUS CORPORATE CENTER SMALL INDUSTRIAL FIRMS LA PALMA AVENUE ~--- 3ao' ~ 11s' N W W F O W Q Z SP 94-1 (SC) SP 94-1 (SC) DA2 DA2 RCL 66-67-64 (10) RCL 66-67-64 (10) I MTI LING VAR 2323 SMALL IN D FIR A SP 94-1 (SC) , DA2 RCL 65-fifi-24 {29) CUP 2004-04945 CUP 3010 VAR 4133 VAR 2676 (CUP 2003-04793) CHURCH A~"HA J ALL PROPERTIES ARE IN THE SCENIC CORRIDOR (SC) OVERLAY ZONE, Conditional Use Permit No. 2006-05069 ~. o.` Subject Property Date: May 1, 2006 Scale: 1" = 200' Requested By: PUBLIC STORAGE EURO PARTNERSHIP Q.S. No. 166 4880 East La Palma Avenue 19oos ALL PROPERTIES ARE IN THE'SCENIC Conditional Use Permit No. 2006-05069 Requested By: PUBLIC STORAGEEURO PARTNERSHIP 4880 East La Palma Avenue 54 °~~%~ , ,'s"~ - _ z~5'rtS'~vi ~`~~ IR~(SC) OVERLAY ZONE. Date ofAenal Photo: ian. vnns Subject Property Date: May 1, 2006 Scale: 1" = 200' Q.S. No. 166 tooos Staff Report to the Planning Commission May 1, 2006 Item No: 3' 3a: CEQA NEGATIVE DECLARATION (Motion) 3b: WAIVER OF CODE REQUIREMENT (Motion) 3b: CONDITIONAL USE PERMIT NO. 2006-05069 (Resolution) SITE LOCATION AND DESCRIPTION: (1) This rectangularly-shaped 3.5-acre property has a frontage of 340 feet on-the south side of La Palma Avenue; a maximum depth of 453 feet, and is located 115 feet west of the centerline cf Manassero Street (41380 East La Palma Avenue- Public Storage). REQUEST: (2) The applicant requests approval of a conditional use permit under authority of Code. Section No: 18'.120.070:050.0537and 18.120.p70.080.0801 tb oonstruct a five-story self- storage building with building_heights in excess of sixty (60) feet with waivers of the following: (a) SECTION NOS. 18.120.080.0803 Maximum Floor Area Ratio (FAR) 0.5 FAR permitted; 1=1 FAR proposed) (b) SECTION NO. 18.120.070:100.1001 ' Maximum FenceNeight (3 feet permitted; 6 feet proposed) BACKGROUND: (3) This item was continued from the March 20, and Apri(17, 2006, Commission meetings to allow the applicant time to work with staff tb address land use ahd design concerns (4) .This property is currently developed with five (5) freestanding self-storage buildings.. The property is zoned SP94-1(DA2) (SC) Northeast Industrial Area Specific Plan, Development Area 2 (Expanded hdustrial Area), Scenic Corridof Overlay. This property is also within the merged redevelopment area (Alpha). The Anaheim General Plan designates this property foFOffice-Low Land uses. Surrounding properties to tFie east and west are also designated for Office-Low land uses; to the north (across La Palma Avenue) for Industrial land uses, and to the south for Open Space-Water land uses. (5) The existing one-story self storage facility is a legal nonconforming facility that was. constructed prior to the adoption of the Northeast Area. Specific Plan which requires a conditionalbse permit for self storage facilities. PREVIOUS ZONING ACTIONS: (6) The following zoning actions pertain to this property:; (a) Conditional Use Permit No. 3918 (to permit an unmanned 420 square foot cellular communications facility within an existing self storage business with an approximate 47 foot high triangular monument tower with 12 flush mounted antennas) was approved by the Planning Commission on May 28, 1997 for aperiod of 5 years. This conditional use permit has expired. srCUP2006-05069jkn Page 1 YD ~r~t~•"a _y~, ~ o rc >,. ~, _!Y' ' r~ ~~~ ~~V~ s s ~M /F -~ ff.:!' 6 .-Ti P`ei $..Jf YQ~~} `~C tY tics -p ~~ t i J' ~f a ~~CY~e' Y ~ T~ ~ R ~ . ter i t ~+ `tE~'fect~~dtf+~~~ ~ ~lr~~lh`~"t3(~o '~Ft~ 'seti~ i1 ~ , - r.Tiegt~ited~Pt~aFrosed ~ ,`-~ ' ` q . y fS d t ~' ~ h r ; L~'~s a ° ba k ,;~,ff r ~ ~;~. ~ . u~ti t hac „k.~ ~ c a S~t c ` North (adjacent ro La 65 feeU65 feet 20 feeU20 feet Palma Avenue) 0 feeU 240 feet O feeU15 feet South West 0 feeU56 feet O feeUO feet srCUP2006-05069jkn Page 2 Staff Report to the Planning Commission May 1.2006 Item No. 3 Staff Report to the. Planning Commission May 1, 2006 Item Nb. 3 pre-fabricated fixed dark brown spandrel glass windows in natural aluminum frames located on all four elevations. An eight (8) foot deep overhang is provided over the main entrance door The elevation plans indicate there would beblear glass windows on all five stories st the northeast portion of thebuilding providing aview of the orangeself storage unit doors located within the building. (12) The height of the building would beat 60 feet with a six (6) foot high encroachment to provide for the extra room necessary for elevator shafts, stajr wells, roof mounted: equipment and roof peaks. Code indicates that: "structures for the housing of elevators, stairways, tanks,: ventilating fans, or similar equipment required to operate and maintain the buildings, and fire orparapet walls, skylights, Flagpoles, chimneys, smokestacks or similar projections maybe erected above the height limits prescribed in the underlying zone; provided the projections ere permitted uses'in the uhderlying zone and the projectood does not exceed the heigfit limit by more than eight (8) feet." The plans also indicate the standing seam metal roofing would encroach over the 60 foot maximum height. The above provisioddoes not include roof projectidns and therefore; the request for conditional use permit also includes a .request for building' 1leights exceeding (60) sixty feet. (13) The landscape plan (Exhibit No.11) indicates a 10-foot wide landscape planter along La Palma Avenue: The landscape plan consists of a varietybfminimum 24-inch box size trees, shrubbery, and ground cover throughout the landscaped area The code requires 'the first ten (10) feet behind he ROW shall be landscaped with a minimum of one (1) tree planted for every wenty (20) linear feet of street frontage (17 trees on La Palma Avenue ` required; 13 trees proposed),The code also states that a minimum three (3) foot high shrub screen shall be planted parallel to the ROW. The plans comply with this provision.. Code further requires thata minimum of one (1) tree shall be planted per four (4) parking stalls,.: and a minimum ofbne (1) additional tree shall be provjded for eacfi two thousand three hundred (2,300) square feet of area in the remaining requjred fifty-five (55) feet street setbackarea~ (12 trees required; 20 trees proposed in the parking lot and up'against the building).: srCUP2006-05069jkn Page 4 Staff Report to the Planning Commission May 1, 2006 Item No. 3 (14) The sectiohplan (Exhibit No: 10) indicates the roofmounted equipmentwould be screened by a parapet roof and a mechanical tinit screen waN that is donsistent with the architecture of the building. (15) The sign plan (Exhibit No. 12) indicates the following characteristics: `~ Ld]!C~TI~N OF r' ~ ` " $IZE C)F SIGN~(IN i~~RCEPFTAGE OF } LETT~R}~EIGHTr VIIALL SIGN s S(1t1ARE FEESY~ T~ALLFROwTAGE` North elevation 1 foot 3'/z inches 48 s.f. .004% (main entrance). Upper northeast 24 inches 80 s.f. .006% elevation Upper east 24 inches 80 s.f. .01 elevation 'Code permits wall signs not to exceed ten percent bf the building elevation or 200 square feet, whichever is less. The' proposed cabinetwall signs wduld have art'drange and purple background with white letters.. The proposed signs comply with the'height anderea requirements of the code. (16) The applicant has indicated in the letter ofbperation that the proposed hours of operation would be from 6 a.m: to 9 p.m:~ seven (7)"days a week: There would bebne employee per shift with"a total of one shift per day. The operator's duties include the surveillance df the Interior and exterior self-storage units and the sales of tape andboxes from the office area The exterior self-storage units eye acdessible bydriving to the unit. The proposed interior `'self-storage units would be acoessed through an adcess point located: at the entrance on the nortfi elevationiThe customeris able td use'a "push"cart" to transport their belongings ' to an elevator to the designated floor:' All floorswbuld be climate controlled. ENVIRONMENTAL IMPACT ANALYSISi (17) Staff has reviewed the proposal and the Initial Study (a copy of which is available for review in the Planning.Department}and findsnosignificant environmental impact and, therefore,?ecommends that's Negative Declaration tie approved upon a finding by the Commission that the dedlaratidn reflects the independent judgment of the lead agency; and that it hasconsidered the proposed Negative Declaration together with any comments received during the public review processand further finding on the basis of the Initial Study end any comments received that there is ho substantial evidence that the. project will have a significanfeffedC on the environment. EVALUATION: (18) Self-storage facilities and building heights in excess of sixty feet are permitted in the ' SP94-1, DAZ zone subject to the approval of a conditional use perm(t. (19) One of the objectives of the General Plan Is to "Plan land uses that preserve and enhance Anaheim's economic assets " In order to facilitate that objective, the General Plan Land Use Element enhances The Canyon's industrial base with limited strategically located office and mixed uses that take advantage of the area's location., visibility and access. srCUP2006-OSOfi9jkn Page 5 Staff Raport to the Planning Commission May 1, 2006 Item No. 3 This property is)ocated within one of those areas, therefore the land use designation for this site was changed from Industrial to Office-Low during he comprehensive General Plan update. Ili addition, one General Plan goal is to maintain and enhance the canyon area as ohe of the most prominent business centers in Orange County; Policies to support this goal are to protectand enhance the integrity and desirability of intlustrial sites and encourage additional office developmentalong the south side cf to Palma Avenue; Staff is concerned that the proposed development is' not consistent with the lohg-term goals to strengthen the area as a technology center. The proposed modification and expansioh of the existing self storage facility (from 67,937 square feet to 174,607 square feet) is a significant redevelopmentcf asite in a manner that is not consistent with this General Plan goal and: related objectives. (20) The substantial expansion of the public storage facility is not consistentwith the Redevelopment Plan objectives for the Canyon Area One of the goals for the Canyon Area is to ehhance the area by providing higher skill, higher wage employment opportunities. There has been extensive public involvemeht ih the :infrastructure to support the 55,000 jobs and 2,300 businesses that constitute the Canyon Business Cehtec The purpose of the public improvements is to attracf businesses to enhance the area. A self- storage use of this size and: scale does not encourage office developments in conformance with the General Plan. (21) On, August 17, 1998, the Planning Commission approved and the City Council concurred on a policyYelating to the: appropriate location for self storage facilities.a estates that the "uniqua and opportune design,features of self-storage facilities are most appropriate fora irregularly-shaped properties whlch may further be constrained by accessibility or visibility and which maynot be suitable for conventional types of development" The size and shape of thissite is wellauited to conventiona(type of office development in conformance with th@ general plan, therefore, this. proposal does not meet the Couhcil policy on location of self storage facilities: Aithough,the site is currently developed with a self storage facility, the. currenfrequest triples the size of the existing facility which significa~tlyextends the ltfe of the self storage use at this location ahd reduces the possibilitycf establishing land uses. thafare consistent with the General Plan and Redevelopment Plan. (22) The request for conditional use permit also includes a request fora 66-foot. high building. Sectioni18;120.070:Ok30.0801 of the Northeast Area Specific Plamallows building heights in excess of 60 feet subject to the approval of a conditional use permit. ?he applicant indicates that the' additidnal height would be for elevator. shafts, stair wells, roof mounted equipment and roofpeaks Withinan existing bujlt environment, theproposed 66 foot maximum height building would lookout of scale agaknst the surrounding area. Although. . the codeallows fora structure up to 60 feet kn height, a 66-foot higfi building would be out ' of scale to the surcoundingarea and could adversely affect adjoining land uses by overshadowing the rest of the area with a massive structure: (23) Waiver (a) pertains to the floor area ratio (FAR). Oode permits a maximum FAR of 0.5 for uses in the SP94-1, DA2 Zone, and a 1.1 FAR is proposed: The applicaht indicates the attached Justificatioh of Waiver form that there are special circumstances applicable to the property relating to size, shape and configuration. The applicant also explains that the use - `of this storage facility would tie for household goods and technology storage that must be stored ih a climate controlled: atmosphere. Sherefore, the applicant would like to expand the floor area on the site in order to accommodate these needs: srCUP2006-05069jkn Page 6 Staff Report to the Planning Commission May 1, 2006 Item No. 3 (24) Due to the substantial FAR increase, a traffic trip count was conducted by the City's' independent traffic and parking consultant on March 8, 2006: The consultant compared the number of trips anticipated for ah industrial use at the maximum FAR for the parcetand the number of trips anticipated for theproposed self storage facility: For a typical industrial building at the permitted b.5 FAR on the subject site, the number of trips per day at peak hours would. be 70a;m„ 75 p.m.; and 531: average daily trips: The number of trips per day for the proposed 1.1 FAR for amini-warehouse at peak hours would be 26 a.m., 45 p.m., and 437 average daily trips: Therefore, the proposed self storage facility at 1.T FAR would have on average, 44 a.m.; 30'p:m:; and 94 average daily trips Tess thanan industrial use developed at the permitted 0.5 FAR. (25) With the FAR limitation within the expanded Industrial Area (Development Area 2), it is anticipated that mostof the buildings constructed for uses permitted in the zone would not result in the height proposed urider this'request: The proposed building without the existing.: single-story structures in the rear is at ah FAR of 0:89 which exceeds what would be permitted for surrounding properties. The adjacent buildings surrounding this parcel are at one and two stories:: Although there are no significaht traffic impacts relating to the additional FAR requested, the axtreme deviation from code results in a building that is 5- stories in he.igtlfcompared to the existing one- and two-story. industrial buildings or any future office buildings: Staff has concerns over sucH a large deviation from code as the FAR increase translates into building mass which results in a building that would be out of character with the surrounding area. In addition, theproperty is rectangularly-shaped and is not constraihed by topography, locetiohor surroundings. There are also no properties in the immediatevicinity thatahjoys the privilege that is Yequestedwith thiswaiver. (26) Waiver (b) pertains to the maximum height of a fence within the street setback along La Palma Avehue. Planspropose a 10-footwide landscaped setback witha six (6) foot high automatic sliding wrought iron gate at the back of the landscaped setback: Code requires a minimum 10-foot witle fully landscaped setback and permits a 3-foot high decorative fence at the back of the 10-foot landscaped setback: The applicant indicates in the attached >> Justification of W giver form that site constraints imit the placement of the propdsed gate. Staff is suppdrtive'of the proposed fence waiver since the proposed ocation and height is consistent with permitted fences in-the I (Industrial) zone"(base zone for this property) in the rest of the City. However, due to steffsYecommendation of denial for the proposed five (5) storyself-storage facility; staff also recommends denial of this waiver since it would. no longer be necessarya (27) The proposed self storage facility expansioh and associated waivers would result in a project that is not consistentwith the City's General Plan, Redevelopment Plan and Council' Policy. Given thepolicy direction contained in these'adopted'documents, ahd the proposed project's inconsistency with those documents, staff recommehds deniel`of this project FINDINGS: (28) When practical difficulties or unnecessary hardships result from strict enforcementof the Zoning Code, a modification may be granted for the purpose of assuring that no property, becauseof special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinityahd zone. The sole purpose of ahy code `waiver is to prevent discrimination ahd none shall be approved which would have the effect of granting a special privilege nofehared by other similar properties: Therefore, before any code waiver is granted by the Planning Commission, it shall be shown: srCUP2006-05069Jkn Page 7 Staff Report to the Planning Commission May 1, 2006 Item No. 3 (a) That there are special circumstances applicable to ttie property such assize, shape, topography; location or surroundings, which dd not apply to other identicallyzoned properties ih the vicinity; and (b) ,That strict application bf the Zoning Code deprives the property of privileges enjoyed by'other properties under identicalzohing classification in the vicinity. (29) Before the Planning Commission grantsfany conditional use permit; it must make a finding of fact that the evidence presented shows that elf 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 affeck the adjoining land uses or the growth and development of the area in which it fsproposed to be located; (c) That the size and 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 td the health and safety; (d) That the traffic generated by the use wlll not impose an undue burden upon the streets'and highways designed and improved to carry the traffic'in theerea; and (e) That the granting of the conditjonal use permit underthe conditions imposed, if any, will: not be detrimental to the healthand safety of the cjtizens of the City of Anaheim: RECOMMENDATION: (30) Staff recommends that, unless additional or contrary information is received during the public ftearing; and, based upon the evidehce submitted to the Commission,'including the -> evidence presented in this staff report, and drafand written evidence presented at the publid hearing; the Planntng Commtssion take the folldwjng actions: (a) By motion, aoorove a Negative Declaration for the project; (b) By motion, den waiver (a) pertaining to a maximum Floor Area Ratio (.5 FAR permitted; 1.t FAR;proposed) based on the findings that there are no special circumstanoes relating to'size shape or topography that apply to this property and that this property would not be deprived of a privilege enjoyed by other properties under the same zoning in the vicinity. (c) By motion, denv waiver (b) pertainjng to a maximum fence height (3 feet permitted; 6 feet proposed) since staff is recommending denial of this projectand the waiver would only tie needed if the project is approved. (d) By resolution; denv Conditional Use Permit No. 2006-05069 to construct afive-story. self-storage building'with building heights in excess of sixty (60) feet based on the: findings contained'in the attached resolution: srCUP2006-05069jkm Page B Staff Report to the Planning Commission May 1, 2006 Item No. 3 IN THE EVENT THE COMMISSION CHOSES TO APPROVE THIS REQUEST THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING ASAN INTERDEPARTMENTAL COMMITTEE AND ARE RECOMMENDED FOR ADOPTIONBY THE PLANNING COMMISSION. L That final elevation plans shalt be submitted to the Planning Services Division.' Said plansshall be designed to preclude the visibility of interior storage for the individual tenants from LaPalma Avenue,`reflectenhahced building materials. Anydecision by staff may be appealed to the Planning Commission as a "Reports ahd Recommehdations". item. 2. That there shall be no public telephones on the premises located outside the building. 3. 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 toprovide adequate illumination to make clearly visible the presence ofahy person on drabout the premises during the flours of darknessahd provide a safe; secure environment for alf persons, property, and vehicles on-site: Said information shall be specifically shown oh plahs submitted for Police Department, Community Services pivision approval. 4. That all trash generated from the self storage facility shall beproperly contained iri trash bins located within approved trash enclosures. The number of bins shall be adequate and the trash pick-up'shall be as frequentas necessary to ensure the sanitary handling and timely removal of refuse from the property. The CommunityPreservatioh Division of the Planningbepartment shall determine the need. for additional bins oYadditional pick-up. All costs for increasing the number of bins or frequency of pick-up shall bepaid by the businesscwner. 5. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event that it is removed, damaged; diseased and/or dead. 6. That no roof-mounted balloons or other inflatable devices shall be permitted on the property: 7. That nobutdoor vending machines thatare visible from the public right-df-way shall be permitted crr the property. 8: That 4-foot high street address numbers shall be displayed oh the roof of the building in a color that contrasts with the roof material. The numbers shall not tie visible from the streets or adjacent properties: Said information shall be specificallyshown on plans submitted for building permits. 9. That there shall be no outdoor storage permitted on the premises. 10. That roof-mounted. equipment shall be screened from view in accordance with the requirements of Anaheim Municipal Code Section 18.38.170 pertaining to the SP94-1 DA2 (Northeast Industrial Area Specific Plan, Development Area 2) Zone: Said information shall be specifically shown on plans submitted for building permits. 11: That theproperty 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. srCUP2006-05069jkn .Page 9 Staff Report to the Planning Commission May 1, 2006 Item No. 3 12. That the design, size; and placement of the wall signage and monument sgnage shall be limited to that which is shown on the exhibits submitted by the applicant and .approved by the Planning Commission. Final sign plans shalFbe submitted to the Planning Services Division for review and epproval as to placement,: design and materials: Any decision by staff may be appealed to the Planning Commission as a''Reports and Recommendations" item. 13. That all new backflow equipment shall be located above ground and outside of the street setback area in a manner fully screened from alf publicstreets: Any backflow assemblies currently installed in a vault shallbe brought up to current standards: Any other large water system equipment shall be installed to the satisfaction of the Water' Engineering Division in either underground vaults or outside of the street setback area in a manner fully screened from alt public streets and alleys. Said rnformatron shall be specifically shown on plans and approved by the Watef Engineering Department. 14. That alt requests for new water services or fire lines, as well as any modifications, relocations, or abandonment's of existing water services and. fire lines; shalt be coordinated through Water Engineering Division of the Anafieim Public Utilities Department. 15. That since this project has a landscaping area exceeding 2,500 square feet, a'separete irrigation metershel(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.::. 16. That all'existing water services and fire lines shalt conform to current Water Service Standards Specifications.' Any water service and/or fireline that does not meefcurreht standards shall be upgraded if continued use if necessary or abandoned if the existing water service is no longer heeded: The owner/developer shall be responsible for the costs to upgrade or to abandon any wateFservlce of fire line. 17. 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) suchas minimizing impervious areas, maximizing permeatirtity; minimizing directlyconnected impervious areas, creating Yeduced or "zero discharge" areas, and conserving natural areas: o Incorporates the applicable: Routine Source Cohtrdl BMPs as defined in the prainage Area Management Plan. ® Incorporates TreatmentControf BMPs as defined in DAMP. o Describes the long-term operation and maintenance requirements for the TreatmenfCdntrol ..BMPs. ® Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMPs; and'describes the mechanism foFfunding the long-term operation and maintenance of the Treetment Control BMPs: 1 B: That prior to issuance of a certificate of occupancy, the applicant shall a Demonstrate tfiat all structural BMPs described in the Project WQMP have been constructed and installed in conformance wittr'approvedplans and specifications. Demonstrate tnafthe applicant is prepared to implement all non-structural BMPs described in the Project WQMP srCUP2006-05069tkn Page 10 _. Staff Report to the ' Planning Commission May 1, 2006 Item No. 3 ® Demonstrate that an adequate number of copies of the approved Projects WQMP are available onsite: m Submit for review and approval by the City an bperation'and Maintenance Plan for all'structural BMPs: 19. That gates shall not be installed across any driveway or private street in a manner which may 'adversely affect vehicular traffic ih the adjacent publidstreetc Installation of the wroughfiron gate shall conform to Engineering Standard Plan No: 609 and shall tie subject to tfle'review and , approval by the Planning Services Division. Said information shall be specifically shown bnplans submitted for building permits: 20: That the locations for future above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas; communication5and cable devices; etc:; shall be shown: on plans submitted for buildirg permits. Plans shall also identify the specific screening treatments of each device (i.e. landscape screening; color of walls; materials, identifiers, access points; etc.). 21. That ahy7equired relocation of City electrical facilities shall be at the' developer's expense. 22. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. 23. That plans shall be submitted to the Traffic and Transportation manager for his review and approval showing conformance witR Engineering8tandard No: 115pertaihing to sight distahce visibility for the monumenYsign and wall/fence location. 24. That plans shall be submitted to the Planning Services Division forYeview and approval in conformance with the current versioh of Engineering Standard Plan Nos: 436; and 470 pertaining to parking standards and driveway location: Subjectproperty shall thereupon be developed and maintained in conformahce with said' plans. 25. That an on-site trash truck turn around area be provided per Engineering Standard Detail No. 476 and es required by the Maintehance Divisions: Said information shall be specifically shown on plans submitted for building permits.:' 26. That a plan sheet for solid waste storage, collection and a plan forYecycling shall be submitted to the Public Works Department, Streets and Sanitation Division for review and approval 27. 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 adjacenf 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 planted or maximum three-foot centers or tall shrubbery: Said information sfiall be specifically shown on the plans submitted for building permits: 28. That theproject shall provide for truck deliveries on-site. Such information shall be specifically shown on plans submitted for building permits.. 29: That an Emergertcy Listing Card, Form ADP-281 shall be completed ahd submitted in a completed form to the Anaheim Police Department: srCUP2006-05069Jkn Page 11 Staff Report to the Planning Commission May 1, 2006 Item No. 3 30. 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 shalt be specifically shown on the plans submitted for building permits. 31. That a final landscape plan shall be submitted to the Planning Services Division for review and approval The quantity, size and location of trees and dther plant material shalt comply with code.: Said plan shall also incorpdrate a Jayered landscape design alohg the La Palma Avenue frontage:. Any decision by staff may be appealed to the Planning Commission as a "Reports and Recommendations" item. 32. That the subjedt property shall be developed substantially in accordance with the plans and specificatiopssubmitted to the City of Anaheim by the applicant and which plans are on file with the. Planning Department Exhibit Nos: 1 through.5, and. as conditioned herein. 33. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 3, 8, 10; 12, 13, 15; 19; 20, 23, 24, 25, 26, 27, 28, 30 and 31 above mentioned, shall be complied with:: Extensions for further time to complete said conditions may 6e granted in accordancewith Section.113.60.170 of the Anaheim Municipal Code. 34: Thatprior to issuance of a grading permit, or within a period of one (1) year from the date of this resolution, whichever occurs first; Condition Nd> 17 above-mentioned; shallbe complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.60.17p of the Anaheim Munidipal Code. 35: That prior to final building and zoning inspections, Condition Nos. 14, 16, 18; 29 and 32,above mentioned, shall be complied with: Extensions for further time to bomplete said conditions may be granted in accordance with Section 18.60.170 of the Ahaheim,Municipal Code. srCUP2006-06069jkn: page 12 [®RAF'f] RESOLUTION NO. PC2006--"' A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2006-05069 BE DENIED (4880 EAST LA PALMA AVENUE -PUBLIC STORAGE) 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, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A PARCEL MAP FILED IN BOOK 67, PAGE 38 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 May 1, 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 conditional use permit and to investigate and make findings and recommendations in connection therewith; and that the item was continued from the March 20, and April 17, 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 five-story self-storage building with buildingheights in excess of sixty (60) feet is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Sections 18.120.070.050.0537 and 18.120.070:080.0801 with waiver of the following. , (a) SECTION .NOS. 18.120.070.080.0803 Maximum Floor Area Ratio (FAR) 0.5 FAR permitted; 1_1 FAR proposed) (b) SECTION NO. 18.46.110.030 Maximum Fence Height (3 feet permitted; 6 feet proposed) 2. That the above-mentioned waiver (a) pertaining to the maximum Floor Area Ratio (FAR) to construct afive-story self storage facility is hereby denied on the basis that the property is rectangularly- .shaped and is not constrained by topography, location or surroundings. There are also no properties in the immediate vicinity that enjoys the privilege that is requested by this waiver. In addition, the substantial deviation in FAR would result in a building that is out of scale with surrounding properties. 3. That the above-mentioned waiver (b) pertaining to the maximum fence height is hereby denied because the waiver is not applicable if the request for the project is denied. 4: That the proposed substantial expansion of the existing self storage use is not consistent with the General Plan land use designation for this site of Office-Low or the objective of the General Plan to "Plan land uses that preserve and enhance Anaheim's economic assets:' In order to facilitate that objective,. the General Plan Land Use Element enhances The Canyon's industrial base with limited strategically located office and mixes uses that take advantage of the area's location, visibility and access. This property is located within an area where the General Plan strives to enhance The Canyon's industrial base with office uses as evidenced by the General Plan redesignation of this site from Industrial to Office-Low as part of the Comprehensive General Plan Update in 2004. 5. That the proposed use is inconsistent with the General Plan goal to maintain and enhance the Canyon Area as one of the most prominent business centers in Orange Gounty. Policies to support this goal are to protect and enhance the integrity and desirability of industrial sites and encourage additional CR\PC2006-0 -1- PC2006- office development along the south side of La Palma Avenue. The proposed use extends the self storage use by the significant redevelopment of the site and precludes the property from being used in a manner that is consistent with the long-term goals to strengthen the area as a technology center. 6. That the proposed five (5) story self-storage facility with building heights in excess of sixty feet would adversely affect the adjoining industrial land uses and the growth and development of the area in which it is located because the building would not be in scale with the surrounding area and the land use would not be consistent with the planned growth and development of the area. 7. That this proposal does not meet the council policy on location of self storage units. The size and shape of this site is well suited to office development in conformance with the general plan and the site is not constrained by accessibility or visibility. 6. That the substantial expansion of the public storage facility is not consistent with the Redevelopment Plan objectives for the Canyon Area. One of the goals for the Canyon Area is to enhance the area by providing higher skill, higher wage employment opportunities and the proposed use only contributes a minimal number of employees. 9: That the size and shape of the site proposed for the use is not adequate to allow full development of the proposed use in a manner not detrimental to the particular area nor to the health and safety of the Citizens of the City of Anaheim. 10: 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 construct afive-story self storage building with a building height exceeding 60 feet with waivers of (a) maximum floor area ratio and (b) maximum fence height; 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 deny subject Petition for Conditional Use Permit, on the basis of the aforementioned findings. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 1, 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 maybe 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 May 1, 2006, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES:: COMMISSIONERS: ABSENT: COMMISSIONERS: VACANT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this. day of .2006. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION 3 PC2006- SECTION 4 Attachment -Item No. 3 APPLICANT'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: 18.120.070 (.08031 (A sepazate statement is required for each Code waiver) PERTAINING TO: Floor Area Ratio li a expansion of the existinn self storace facility from 67 937SF to 174 607SF (1 1 FAR)1 PLEASE READ THE FINDINGS BELOW IN CONJUNCTION WITH THE ENCLOSED FAR JUSTIFICATION LETTER Sections 18.74.06D of the Anaheim Municipal Code requires that before any variance or Code waiver may be granted by the Zoning Administrator or Planning Commission, the following shall be shown: , L That there ere special oircumstannes 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; end 2. That, because of suchspecial circumstances, strict applicafion of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer each of the following questions regarding the properly for which a variance is sought, fully and as completely as possible. Ifyou need additoonal space, you may attach additional pages. 1. Are there special circmnstances that apply to the property in matters such as size, shape, topography, location or ..surroundings? X Yes No. e If your answer is "Yes," describe the special circumstancesi Yes The existinv self-storage site is unicuely situated it is bordered by the Santa Ana river channel in the reaz: a yravel operation on west side and a lumber yard to the east. The gravel operation and lumber vazd makes the existinv site less desirable for office type uses due the adiacent uses heave industrial nature jncreasirya the density of a self-stomye use on a site currently developed with the same use adds supply to the market without displaciny other uses such as retail or manufacturing. 2. Are the special circumstances that apply to the property different from other properties in the vicinity which are in the same zone as your property? X Yes _ No If your answer is "yes," describe how the property is different o The existine self storace site is uniouely situated The site is bordered by the Santa Ana river channel in the reaz. a eravel operation on the western boundary and a lumber yard on the eastern bcund?rv The ¢avel operation and lumber vazd makes the existinv property less desirable other uses due the adiacent uses heave industrial nature ° The self storace use is atypical of other properties in the vicinity with the same zoning Self stomve is a law impact use facilities consisting_of 174 607SF will venerate an avemce of 211 trios per day (SD% enteriny/50% exitinyl with the 0 2 ~Up ~~. 2006 - D 5 ~ 5 ~ m 3. Do the special ciroumstances applicable to the groperty deprive it of privileges currently enjoyed by'neighboring properties located within the same zone? X Yes No If your answer if "yes," desmibe the special circumstances: o Yes The strict intemretation of the Code requires a Bross calculation of building square footar;e in deteratinine the FAR. However the Code does allow for pazking structures to be excluded in floor azea calculations as these swctures are considered uninhabitable space The self storage use is unique in relation to the adiacent pmperties as only 33,971SF of the 152,7965F of buildings is considered habitable space It seems practical that only the habitable space of the nroiect be counted for the FAR calculation Therefore applying the same FAR requirements to the property will deprive it of privileges currently enjoyed by the neiehboring nmperties. o The stnraee units arefor householdgoods and are not siniilaz to a wazehouse distribution ficility. 13ecause this twe of to keen cars narked off of residential streets. 4. Were the special circumstances created by causes beyond the control of the property owner (or previous property owners)? X Yes _ No EXPLAIN: Yes The lack of buildable land in urban areas makes any available land more appropriate for housing, use versus expanding site azea onto land that even if it was available would make better sense for other types of uses The sole purpose of a~ variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shell be approved which would have the effect of granting a special privilege not shared by other property ih the same vicinity and zone which is not otherwise expressly authorized by zone regulations governing subject property. Use variances are not pemtitted. ~ ~ ~Ty- 1/18/06 Sigma L Property Owner or Authorized Agent Date CONDTTIONAL USE PERMITNARIANCE NO. SUP N4. 2D06 - 0 5 ~ b 9 3 SECTION 4 Contrary to other properties in ...a vicinity with the same zonine the maiority u..ne building square footage of self storage facilities is occupied by uninhabitable space (storage unitsl. The strict interoretafion of the Code requires a gross calculation of building sguaze footage in the FAR calculations. However the Code allows for oazking structures to be excluded in floor Fence Height Waiver Attachment -Item No. 3 PFTfITONFR'S STATF.iv1F.NT OF 7USTll1CATIONFORVARIANCFJCODP:WAIVF?R (NOT REQUIRED FOR PARKING WAIVER) REQiJEST POR WAIVER OF CODE SECTION: 18.46.110.030 (A separate statement is required for each Code waiver) PF.RTAMiNG TO: Public Stomae - 4RR0 F.. la Palma Ave Sections ] 8.03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver may be granted by the Zoning Administrator or Planning Commission, the following shall be shown: 1. That there ate special circumstances applicable to the property, including size, shape, Lopogtphy, location or surroundings, which do not apply W othc"r properly under identical zoning classification in the vicinity; and 2. Tttal, because of such special circtrmsmnces, strict application of the zonhtg code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. In order to determine if suoh special circumstances exist, and to assist the Zoning Administrntor 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 wmpletely as possible. If you need additional space, you may attach additional pages. 1. Are there special circumstances that apply to the property in matters such as s've, shape, topography, location surroundings'! CLYcs_No. If youranswer is "Yu~s," dascribe the special circumstances: 2. Are the epeciel circumstances that apply to the property different from other properties in the vicinity which aro in the same zone as your proper't}f? X Yes _ No If your answer is "yes," describe ltow the property is different: 3. Do the spatial circumslartces epphceble to the property deprive it of privileges cutt®tlyenj Dyed by neigh}mmtg propcitics located within the some zone? X Yes _No if your answer if "yes" describe the special circumstmnces: 4. Were the special circumstances cleated by causes beyond the control of the proprsty owner (or previous property owlters)'1 X Yes _ No Yea Sa:tion 1 R 46 110 030 of the Code lie permitting a maximum fence/sete hcir,lttof 3'1 is n City sttutdani which deprives the applicant of taovidine ad_~va~ale perimeter seLw-ity farthe site The sole ptupose aCany variance err Code waiver shall be W prevent discrimination, end no valiance or Cade waiver shell be npprovcd which would lmvc the e[Tcct of granting a special privHege not shared by other property in the same vioinity .and zone which is na[ otherwise expttssly muharized by zone regulations governing subject property. Use variances are not pemd[ted. er Authorized Agent lla[c WNUT710NAL USE PERMIT/VARIANCE NO. __..,,, uem ~O \2 9 ~~ Grryy' b' Y" v ..... ... .... ... pp ry~o~~o m~ SA6C Overlay Zone) JQ ry~p~ ~c~ '6°° RCL 76-79-02 OJQ~,~' o~ a'1 ry RCL 57-58-1fi GAG ~GO, ~ 3 ~,b CUP 200504987 CUP 3350 yP~ ?OiG~.yQ~,6^i'9h CUP 2374 ~ GGJQQ'S~paAp CUP 2328 pJJQ ,~g~ryg CUP 1649 GG JQry~~09g VAR 37665 GOJJQ 'S~~ryyS VANAHEIM CERRITOS AVE. CUP 2 00 2-04 611 CUP 2002-04610 CUP 3350 RCl 2000-00023 CUP 2374 C( (Res of lnl to CUP 2328 CUP 1649 \ ABC Overla Zone Y _ )CUP 1569 RCL 55-56-24 CUP 2004-04648 INDUSTRIAL BUILDING ti w y i SP 92-2 RC fi6~7-61 (1 VACANT ~ ALRO WAY +-~ tts~-~-too~ ~ ~; SP 921 s RCL 66fi&61(109) ~ ~ y ,r 92 CUP 2060 ~ BAKERY 'fir- RCL 77-7 ~c k RCL 66-67-6 ry CUP2 SP 92-1 '~ VAR 2006 RGL fiG67E1 (198) yx= VAR 3 SP 92-1 RCL 56E7-67 (27) RCL 64-65-1 i12 CUP 755 CUP 574 CUP 32 VAR 2074 5 DISNEYLAND PARKING SP 92-1 RCL 77-78-58 RCL 66417-61 (108) CUP 2330 VAR 3009. VAR 730 SM: IND. PIRM LANDSCAPED SP 92-1 EASEMENT RCL 66-67-61 (106) 200 West Arlo Way SP 92-1 RCL 66-67-61 (106) CUP 1809 - 3738 ^~ F -v ~~ 1 ~-~.: B-SBa~ ® 29i(~ S~ 1 (108),,.. ® ~ ~OG~ 964 ~ ~ 'pp 0 9B1 r r ~, ®® ~~ ~ 3STORE(~ ~'' ®® ~~ _.. _ i, 9~® vy~ ~®® Aso -~~,y® ~® OG 20 9'A~® 10D16 ........................... ................. Staff Report to the Planning Commission May 1, 2006- Item No. 4 4a. CEQA CATEGORICAL EXEMPTION -CLASS 11 fREADVERTISED) (Motion for continuance) 4b. VARIANCE NO. 2006-04681 SITE LOCATION AND DESCRIPTION: (1) This irregularly-shaped 1.5-acre property has a frontage of 100 feet on the south side of Alro Way, a maximum depth of 246 feet, and is located 115 feet east of the centerline of .Manchester Avenue (200 West Alro Way - eergstroms). REQUEST: (2) Applicant requests waiver of the following to retain ohe non-conforming business identification pole sign with electronic message board and one non-conforming business identification wall sign: (a) SECTION NO. 18.114.130.0207.01 Maximum letter height {24 inches (for registered trademark name) permitted; 3 foot 2 inch to 4 foot 8 inch letters existing) (b) SECTION N0.18.114.130.020.0207.01 Continuation'and Termination of Legal Non-Conforming Signs (Pole sign and readerboard sign prohibited as of December 31, 2005; one pole sign with electronic message board to remain until December 31, 2019) BACKGROUND: (3) This property is zoned SP92-1 (The Disneyland Resort Specific Plan). The property and all surrounding properties are designated for Commercial Recreation land uses by the Anaheim General Plan. (4) This item was continued from the April 3, 2006 Commission in order for staff to readvertise the. waiver relating to the pole sign. The applicant has submitted the attached letter requesting a continuance to the May 15, 2006 meeting due to scheduling conflicts. RECOMMENDATION: (5) That the Commission, by motion, .continue this item to the May 15, 2006, Planning Commission meeting. , SR-VAR2006-04665N /2006.. . Page 1 Attachment -Item No. 4 ~ • GROUP Puhlic Affairs ~ Land Use Law April 17, 2006 Ms. Della Hemck Associate Planner City of Anaheim 200 Anaheim Boulevard Anaheim, CA 92805 Ms. Herrick: RE: VAR2006-04681 Bergstroms Sign Waiver On behalf of Bergstroms Childrens Stores, we respectfully request a continuance of our May 1 planning commission hearing to May 15. Unfortunately, due to some scheduling conflicts beyond our control, several of our team members will be unavailable to attend the hearing on May 1. We appreciate your consideration of this request and thank you for your patience. If you have any questions, please contact me at (949) 777-9400. Since ely, Stephen R. Sheldon Cc: Karl Bergstrom, President, Bergstroms Childrens Stores 901 Dove Street, Suite 140, Newport Beach, CA 9266D ~ phone 949-777-9400 ~ lax 949-777-9410 ~ web wwwsheldongrp.com Riverside 951-3D0-222D San Die¢o 619-233-71 a5 Item No. 5 STANLEY AVE RS-2 1 DU EACH RS-2 1 DU EAC RUSSELL AVE H w W G: f- Q 2 W G' J RS-2 1 DU EACH R -4 RCL 65-66-117 VAR 1796 APARTMENTS 70 DU N-4 i-66-117 6-57-41 1796 DU RM-4 RCL 65-66-117 RCL 56-57-41 VAR 1796 68 DU Conditional Use Permit No. 2006-05077 PARTELI RCL 63-64-55 RCL 56.57-01 T-CUP 2005-04961 CUP 2003-04616 CUP 2001.04411 CUP 2001.04396 VAR 3166 NURSERY 2 O y W~ QW ~a Requested By: SOUTHERN CALIFORNIA EDISON 2711 West Yale Avenue -SCE Easement ~~ Rs-z I DU ACH RS-2 1 DU EAC RS-2 1 DUE Corridors APARTMENTS 112 DU RM-4 RM-4 RCL 67-66-79 RCL 67-68-79 RCL 56-57-41 RCL 56-57-01 VAR 1973 VAR 1973 RGL /` LII R\ N ,; ,s,~~~ Subject Property Date: May 1, 2006 Scale: 1" = 200' Q.S. No. 19 1ooz7 BRUCE AVE Conditional Use Pennit No. 2006-05077 Requested By: SOUTHERN CALIFORNIA EDISON 2711 West Yale Avenue -SCE Easement Subject Property Date: May 1, 2006 Scale: 1" = 200' Q.S. No. 19 ~ooz7 Staff Report to the Planning Commission May 1, 2006 Item No. 5 5a CEQA NEGATIVE DECLARATION (Motion) 5b. CONDITIONAL USE PERMIT N0. 2006-05077 (Resolution) SITE LOCATION AND DESCRIPTION: (1) This rectangularly-shaped 3.5-acre property has a frontage of 265 feet on the north side of Yale Avenue, a maximum depthpf 583 feet, and is located 139 feet westbf La Reina Street (2711 West Yale Avenue- SCE Easement):, REQUEST: (2) Tfte applicant requests approvatof a conditional use permit under authority of Code Section 18.14.030.040.0402 and 18.38.060 to permit a telecommunications facility on an existing SCE lattice tower with accessory ground-mounted equipment. BACKGROUND: (3) This property is curcently developed with Southern California Edison (SCE) transmission towers and: a plant nursery and is zoned T (TransitiortZone). The Anaheim General Plan designates this property for Open Space land uses and surrounding properties to the east for Low Density Resitlential land uses; to the west foFLow-Density Residential land uses and Low Medium Density Residential land uses; and to the north and south for Open :Space land uses. DEVELOPMENT PROPOSAL: (4) The applicant proposes to construct a telecommunications facility consisting of six (6) 'sectors with'one (1) panel antenna per sector on an existing 123-foofhigfi Edison transmission tower: This request also includes ground-mounted accessory equipment located directly beneath the tower withiri a 289 square foot (ease area. (5) The site plan (ExhibifNos. 1-A and 1-B) indicates the 123-foot high towers located near the northern portion of the property, approximately 198 feet north of Yale Avehue. There are currently no other telecommunications antennas located on the tower... Properties 173 feet to the east and 84 feet to the west are developed with single-story single-family homes. : SRCUP20p6-05077dh Page 1 Page t Staff Report to the Planning Commission May 1, 2006 Item No. 5 (7) The site plan does not propose any additional landscaping: A 5 foot wide landscaped. setback is ourrentlyprovided by the nursery. (8) The antenna layout plan (Exhibit No: 4) indicates the panel antennas are five (5) feet in height,by one (1) foot in width end four (4) inches in depth:: The antennas would be painted to match the existing Eowen' In addition, a 24-inch high microwave dish and a 24-inch GPS antenna would also be mounted on the tower and painted to match the existing tower. The proposed antennas and brackets would not be flusfi-mounted.' Southern California Edison standards do not allow for antennas to be Flush-mounted: According td SCE, in order to service the lattice tower, staff must climb the tower, flush-mounted antennas create a potential hazard because staff would :need to climb in front of the brackets and antennas. (9) The elevation plan (Exhibit No: 2) indicates a 232 square foot proposed equipment area Iqcated between the existing lattice tower,legs., The equipment area would have an 8-foot high chain link fence completely surrounding. the equipment,:The applicant has. agreed to replace the chainlink fence with decorative wrought iron as required by Code: The fencing would secure the equipment and provide screening for the ground mounted equipment. (10) The applicant's supplemental information statement indicates that Royal Street Communications/Metro PCS is a new wireless carrier to the Southem California region. This proposaPs primary objective is to cover the vicinity of Crescent Street (north), Lincoln Avenue. (south), Dale Avenue (east), and Magnolia Street (west). Thee are surrounding sites that are planned that will integrate with this particular' site, as the network develops. As sites begin to go"on air", this site will cover a much wider area than the aforementioned street boundaries., Coverage and capacity area functionofdistance and network customer usage. ENVIRONMENTAL IMPACT ANALYSIS: (11) Staff has reviewed the proposal far a telecommunication facility and the Initial Study (a copy of which is available for review in the Planning. Department) and finds no significant environmental impact and, therefore, recommends thafa Negative Declaration be approved upon a finding by the Planning Commission that the Negative Declaration reflects the independent judgment of the lead agency; and that it has considered the proposed Negative Declaration together with any comments received during,the public review. - process and further finding on,the basis of the InitiaLStudy and any comments received that there is no substantial evidence that the:project will have a significant effect on the environment. EVALUATION: (12) Communication facilities and antennas are permitted in the T Zone subject to the approval of a conditional use permit and the requirements of Section 18.38.060 pertaining to telecommunication antennas of Chapte~J8.38 (Supplemental Uses). (13) On, June. 7, 2005; the City Council approved a franchise agreement with SCE. Within that agreement, provisions were made to upgrade fencing and landscaping. on properties owned by SCE in an effort to improve the aesthetics bf the property to the publid right-of- way. The agreement states that SCE would require that at the time a license or lease is Page 3 Staff Report to the Planning Commission May 1, 2006 ' Item No. 5 renewed, terminated or created, a 10-foot wide area would be devoted to landscaping. Although this hew lease for the telecommunications facility does not include the area immediately adjacent to the street; staff feels in keeping with the direction of the franchise agreement, 10 feet of landscaping should be provided along Yale Avenue: Staff is recommendingas a cohdition of approval that t~eeslshNbs inbohtaihe~s from the existing. nursery be provided in front of the facility to screer the sitefrom public view: The existing land use; a plahf nursery, has a large quantity of trees and shrubs and theapplicant has agreed to work with the nursery toplace landscaping stock' in front of the telecommunications facility to help screen the facility from public view. (14) The recehtly updated Zoning Code includes design'guidelines and requirements for telecommunication facilities. Code requi?es wireless communication facilities beco-located where technologically feasible and visually beneficial. Staff feels "stealth" installations and installation'ort existing SCE lattice towers are the best alternative to decrease visual clutter and preserve the aestfietidquality'bf the community:' Since the proposed location for the antennas and accessory ground mounted equipment isJOCated 198 feet from the closest public fight-of-way; the visual impact of the additiohal ahtenhas on the existing tower would tie minimal' Therefore;'staff recommends approval of this request. FINDINGS: (15) Before the Planning Commission grants any conditional use permit, ifmust make a finding.: of fact that the evidence presented shows that alt of the following bohditions exist: (a) That the proposed use is propefly one for which a conditional use permit is 'authorized by this code, bf is an uMistedase asdefined ihSubsection'.030 (Unlisted Uses Permitted) of Sectioh 18.61i.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 proposed for use is adequate to allow the full development of theproposed use in a manner not detrimental to the particular area nor of to Health ahd safety; (d) That the traffic generated by theproposedLSe will not impose ah undue burden upon the streets ahd highways desighed ahd improved to carry the traffic in the area; and (e) That the granting of the conditional use permit under the conditions imposed, if any; wilt not be detrimental to the health and safety of the citizens of the Citybf Anaheim: RECOMMENDATION: (16) Staff recommends tfiat unless additionalar contrary information is received during the meeting, ahd tiased upon the evidence submitted to the Commission, including the evidence pfesented in this'staff report; and oral and wfitteh evidence presented at the public hearing, thatthe Planning Commission take the followingactiohs`. (a) By motioh, approve a Negative Declaration for the project. ...Page 4 Staff Report to the Planning Commission May 1, 2006 Item No. 5 (b) By resolution, aAOrove Conditional Use Permit No. 2006-05077 to permit a telecommunications facility on an existing SCE lattice tower with accessory ground-mounted equipment, by adopting the attached resolution including the findings and conditions contained herein. Page 5, [DRAFT] RESOLUTION NO'. PC2006--"` A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2006-05077 BE GRANTED (2711 WEST YALE AVENUE -SCE EASEMENT) 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: THE EASTERLY 265 FEET OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, AS SAfD SOUTHEAST QUARTER IS SHOWN ON A MAP OF TRACT NO. 2303 RECORDED IN BOOK 89 PAGES 35; 36 AND 37 OF MISCELLANEIOUS 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 May 1, 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 alt evidence and reports offered at said hearing, does find and' determine the following facts: 1: That the applicant proposal to permit a telecommunications facility on an existing electrical transmission tower with accessory ground-mounted equipment is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section Nos. 18.14,030.040.0402 and 18.36.p60. 2. That the proposed telecommunications facility would not adversely affect the adjoining land uses and the growth and. development of the area in which it is proposed to be located because the proposal locates the proposed antennas on an existing electrical transmission tower 198 feet from the public right-of-way and over 85 feet the nearest adjacent single-family homes. 3. That the size and shape of the site is adequate to allow full development of the proposal in a manner not detrimental to the particular area nor to the health and safety because the telecommunications facility would be to located on an existing electrical lattice tower with minimal new equipment. 4. That because this is an unmanned facility with infrequent maintenance, the traffic generated by the proposed use will not, under the conditions imposed, impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area 5. That granting this conditional use permit will not, under the conditions imposed, be detrimental to the health and safety of the citizens of the City of Anaheim and that the use will contribute to an essential and effective wireless communications network system in a manner that will blend in with the existing facilities: 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 permit a telecommunications facility on an existing electrical transmission tower with accessory ground-mounted equipment; 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. Cr\PC2006- -1- PC2006- 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 this telecommunications facility shall be limited to no more than six (6) sectors with one (1) panel antenna on each sector on the existing electrical lattice tower with accessory ground-mounted equipment and one GPS antenna and one microwave dish. The six (6) sectors shall be limited to a height of fifty (50) feet in height. Said. information shall be specifically shown on plans submitted for building permits. No additional antennas or equipment cabinets shall be permitted without the prior approval of the Planning Commission at a noticed public hearing. 2. That the antennas shall be finished and painted to match the existing electrical transmission tower. If the finish or color of the tower is modified, the antennas shall be modified accordingly. Said information shall be specifically shown on the plans submitted by building permits. 3. That that ground-mounted equipment shall be located entirely within an 8-foot high decorative wrought iron fence and the cable connecting to the equipment shall be underground and shall not be visible to the public. Said information shall be specifically shown on plans submitted for building permits. 4. That all equipment, including supply cabinets and power meter shall be screened from the public right-of- way. Said information shall be specifically shown on plans submitted for building permits. 5. That the Operator shall ensure that its installation .and choice of frequencies will not intertere with in the 800 MHz radio frequencies required by the City of Anaheim to provide adequate spectrum capacity for:. public safety and related purposes. 6. That before activating this facility, the Operator shall submit to apost-installation test to confirm that the facility does not intertere with the City of Anaheim's Public Safety radio equipment. This test shall be conducted by the Communications Division of the Orange County Sheriffs Department or a Division approved contractor at the expense of Operator. 7. That the Operator shall provide a 24-hour telephone number, fax number and a-mail address to the Planning Services Division (to be forwarded to the Fire and Police Departments) to which interference problems may be reported, and shall resolve all interference complaints within 24 hours. 8. That the Operator shall ensure that any of its contractors, sub-contractors or agents, or any other user of the facility, shall comply with the terms and conditions of this permit. 9. That should this telecommunication facility be sold, the Planning Services Divisions shall be notified within 30 days of the close of escrow. 10. That any required relocation of City electrical facilities shall be at the petitioner's expense. Landscape andlor landscape screening of all pad mounted equipment shall be required and shall be specifically shown on plans submitted for building permits:. 11. That the applicant shall obtain aRight-of-Way Construction Permit from the Public Works Department for , any work within the public right-pf-way, including but not limited to installation of conduit, cable, and electrical service Tines. 12. That the routing of the telco and power runs shall be routed within the property parallel to the existing property line and then out to the power pole. Pullboxes shall be required where the conduits change direction: Said information shall be specifically shown on plans submitted for building permits. 13. That the portion of the property being leased to the telecommunication provider shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. -2- PC2006- 14. That no signs, flags, banners, or any other form of advertising shall be attached to the antennas or to the transmission tower structure. 15. That a final landscape and equipment enclosure plan shall be submitted to the Planning Services Division for review and approval indicating an 8-foot high decorative wrought iron fence with landscaping from the nursery placed in front of the enclosure to screen the equipment from the public view along Yale Avenue. Any decision by staff regarding said plans may be appealed to the Planning Commission as a Reports and Recommendations item. Said information shall be specifically shown on plans submitted for building permits. 16. That the subject property shall be developed substantially in accordance with the plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos.1 through 7 and as conditioned herein. 17. 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, 10, 12 and 15 above mentioned, shall be complied with. Extensions of further time to complete said conditions may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 18. That prior to final building and zoning inspections, Condition Nos. 8, 7 and 16, above mentioned shall be complied with. 19. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State, and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation, or equipment. 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 May 1, 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 Secretarybf 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 May 1, 2006, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: VACANT: COMMISSIONERS: IN WITNESS WHEREOF, I havehereunto set my hand this day of 2006. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2006- o p p o"" o uzi ~ ~ p H o rn c'$a~2 y w F p p ~ ~NN 2WU J Q Q U ~ aa$zp ni ~ x z Z rn U ~~imQ m ~ 0 ,. r 3 ~ ~° ~w W W m w m ~ > STONVBROOK DRIVE RS-2 VAR 3072 1 DU EACH lnahalm Commercial Caridars Redevelopment Project T CHALLENGER EDUCATIONAL CLINIC POLARIG HIGH SCHOOL T DALE JUN70R HIGH SCHOOL RM-0 T fi7A6-12 mn 1 DU .L 66-67-20 VAR 3627 grvN~ NSET PLAZA ~°a NO r 'ARTMENTS "'~j qmz 106 DU ap 4mm^,i a] RM-0 U RMJ RM-0 r RCL 63-s44b Z qCL 82-BY34 RCL fit-fi3-120 s LUP 45b 220U CUP 42fi 0 520U ~ 53 DU N STONYBROOK~ DRIVE T SOUTHERN CALIFORNIA RS-2 °o e RS-2 EOISON EASEMENT S RY 1 DU ~ 8 1 DU' DU EAC NUR E _ ~ r ` RS-2 f 1 DU EACH : i I ~ k ,~. .r yz -„ ROME AVE H N J J K W 2 U] i U Z NW VIW KJ ¢7 p p N I Z K G IIC F N N A }~ ^.~~f~ '.v.' q ~ N Q N Q +~ P1£ ~} 5 £ 5 W ~ ~ W 12 k5E "' • ~' p p , ~ ~ J J 6 14fi W s1A aheim CammerciefCdridas BALL 5ROAD RedevetopmentPmject - - - - ~ RM-0 Rµq RMJ I T RCL 70-71-29 RCL 70-71-04 RCL b&b1-15 OL / \ T VAR 3162 RCLfi3-64-91 RCLbHN-@1 cU / \ VAR 622 S NURSERY VAR 2229 VAR 2246 yqp 3616 ~\ l AF PPARTMENTS 541 CU 6b OV Al 106 DU I I tl Conditional Use Permit No. 2006-05080 Requested By: SOUTHERN CALIFORNIA EDISON COMPANY, LTD. 2719 West Ball Road ~oozs `> .,w Subject Property Date: May 1, 2006 Scale: Graphic Q.S. No. 21 ONEIDA AVE o: Conditional Use Permit No. 2006-05080 Requested By: SOUTHERN CALIFORNIA EDISON COMPANY, LTD. 2719 West Ball Road Subject Property Date: May 1, 2006 Scale: Graphic Q.S. No. 21 10029 JuIY 2005 Staff Report to the Planning Commission May 1, 2006 Item No. fi 6a. CEOA NEGATIVE DECLARATION (Motion) 6b. CONDITIONAL USE PERMIT NO. 2006-05080 (Resolution) SITE LOCATION AND DESCRIPTION: (1) This rectangularly-shaped, 7.77-acre property has a frontage of 265 feet on the north side of Ball. Road, a depth,of 1,267 feet, and is located 146 feet west of the centerline of Sherrill Street (2719 West Ball Road). REQUEST: (2} The applicant requests approvalof aconditional use permit under authority of Code Section it3:14:030:040.0402 and 18:313.060 to pe~mifa telecommunications antenna on an existing SCE electrical transmission tower with accessory ground-mounted equipment BACKGROUND: (3) This property is currently developed with Southern California Edison (SCE} transmission towers and a plant nursery and' is zoned T (Transition Zone).:. The Anaheim General Plan designates this property and properties to the north and south for open'space lahd uses. : Properties to east are designated for Low Density Residential land uses and properties to the west for School lahd uses. (4) Conditional Use Permit No. 2001-04416 (to permit a telecommunications antenna and accessary ground-mounted equipment) was approved by the Planning Commission on December 11, 2001). This proposal pertained to a SCE transmission tower adjacent to Ball Road. DEVELOPMENT PROPOSAL (5) The applicant proposes to construct a telecommunications facility consisting of three (3) sectors with two (2) panel antennas on each sector, on an existing 119-foot high SCE transmission tower. This request also includes aground-mounted accessory equipment shelter located directly beneath the tower within a 400 square foot lease area (6) The site plan (Exhibit No. 1) indicates the 119-foot high tower is located near the northern portion of the property, approximately 280 feet from Stonybrook Drive and approximately 1,095 feet from Ball Road. There are currently four (4) transmission towers on the property. There are currently no other telecommunications antennas located on the tower,. but there is another telecommunications facility on the transmission tower adjacent to Ball Road. Srcup2006-05080k1w.doc Page 1 Staff Report to the Planning Commission May 1, 2006 Item No. 6 Staff Report to the Planning Commissiort May 1, 2006. Item No. 6 (8) The site plan does not propose any additional landscaping. A 5 foot wide ezistrig landscape setback is provided along Stonybrook Drive. (g) The antenna layout plan (Exhibit No. 4) indicates the panel antennas are five (5) feet in height by one (1) foot in width and four {4) inches in depth: The antennas would be painted to match the existing tower. Also proposed area 24-inch'diameter microwave dish and a 6-inch tall 3-inch wide GPS antenna affixed to one of the proposed sectors 50 feet above ground IeveL These would also be painted to match the existing tower: The proposed antennas and brackets would not be flush-mounted: Southern California Edison standards do not allow for antennas to be flush-mounted: According to SCE, in order to service the lattice tower, staff must climb the flush-mounted antennas, creating a potential hazard because staff would need to climb in front of the brackets and antennas. (10) The lease area plan (Exhibit No. 4) proposes a 155 square foot equipment area located between the existing transmission tower legs:.. The plans indicate the equipment area would be surrounded by a chain link fence. The applicant has agreed to replace the chain link fence with decorative wrought iron as required by Code. The fencing wduld prpvide screening of the ground-mounted equipment and security: The existing land use; a plant nursery, has :a large quantity of trees and shrutis that would be placed around the legs of the tower to help screen the equipment from public view along Stonybrook Driver (11) The applicant's supplemental information statement indicates that Royal Street Communications/Metro PCS is a new wireless carrier to the Southern California region. Thtsproposal'sprimary objective is to dover the vicinity of Ball Road (south); Stonybrook Drive (north); Magnolia Avenue (east); and Oale Avenue (west). There are surrounding sites that are planned that will integrate with this particular site; as the Network develops. As sitesbegin to "on air", this site will Dover a much wider area than the aforementioned street boundaries:' Coverage'and capacity are a function'of distance and network customer Lsage. ENVIRONMENTAL IMPACT ANALYSIS: (12) Staff has reviewed the proposal for a telecommunications facility and the Initial Study (a copy of which is available far review ih the Planning Department) and finds no significant environmental impact and, therefore, Yecommends that a Negative Declaration be approved upon a finding by the Planning Commission that the Negative Declaration reflects the independent judgment of the lead'agency; and that it has considered the propdsed 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 ho substantial evidence that theprojecfwilf have a sighificant effect on the environment. EVALUATION: (13) ' Telecommunications facilities and antennas are permitted in the T Zone subject to the approval of a conditional use permit and the requirements of Section 18.38.060 pertaining. to telecommunications antennas of Chapter 18.38 (Supplemental Uses). Page 4 Staff Report to the Planning Commission May 1, 2006 Item Nb. 6 {14) ` On June 7, 2005, the City Council approved a franchise agreement with SCE. Within that agreement, provisions were made to upgrade fencing and landscaping on properties. owned by SCE in ahaffort to improve the aesthetics of the property tq the publiq'right-of- way. The agreement states that SCE would require that at the time a license or lease is renewed; terminated, or created., a 10-foot wide area would be devoted to landscaping. Although this new lease far the telecommunications facility does hot include the'area immediately adjacent to the street, staff feels in keeping with the direction of the franchise agreement; 10 feet of landscaping should be provided along Stonybrook Drive:' Staff is recommending a condition of approval that treeslshrubs in containers from the existing nursery be provided ih front of the facility to screen the site from public view: The existing land use,`a plant nursery, has a large quantity of trees and shrubs and the applicant has agreed to work with the nursery to place landscaping stock in front of the telecommunications facility d help. screen the facility from public view. (16) The recently updated Zoning Code includes design guidelines and requirements for telecommunication facilities. Code requires wirelesscommunication facilities to be co- located where technologically feasible ahd visually beneficial Staff feels "stealth" installations and installatibn bn existing SCE lattice towers are thebest alternative to decrease visual clutterahd preserve the aesthetic quality of the community. The new facility would be located approximately 280 feet away from Stohybrobk Drive ahd 1,095 feet way from BaII Road, further minimizing the visibility of the proposed antennas and equipment location from public view:. Staff feels the location on the exisiing SCE trahsmission tower is the best alternative to decrease visual clutter and preserve the aesthetic quality of the community and therefore, staff recommends aooroval of this request FINDINGS: (16) Before the Planning Commission grants any conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist:' (a) That the proposed use i5 properly one for which a conditional use permit is 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 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 bf the siteproposed for use is adequate to allow the ful( development of the proposed use in a manner not detrimental to the particular area nor or to :health and safety; (d) That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic ih the area; and (e) Thafthe 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. Page 5 :~ Staff Report to the Planning Commission May 1, 2006 Item No. 6 RECOMMENDATION: (17) Staff recommends that, unless additional or contrary information is received during the meeting; and based upon the evidence submitted to the Commission; including the evidence presented in this staff report;' ahdbraf and written eviderce presented at the public hearing; the Planning Commission take the following actions: (a) By motion, a rove a Negative Declaration for the project. (b) By resolution, approve Conditional Use Permit No: 2006-05080 to permit a telecommunications facility on an existing SGE electric transmission tower with' accessory ground-mounted equipment, by adopting the attached resolution including the findings and conditions contained herein. Page 6 [DRAFT] RESOLUTION NO. PC2006-"' A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2006-05080 BE GRANTED (2719 WEST BALL ROAD) 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 Galifornia, described as: THE SOUTHERLY 175.00 FEET OF LOT 3 IN BLOCK 13 OF THE SUBDIVISION OF THE SOUTH ONE-HALF OF SECTION 21, TOWNSHIP 4 SOUTH, RANGE 10 WEST, S.B.B. AND M., AS PER MAP RECORDED IN BOOK. 1,-PAGE. 3& 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 May 1, 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 on 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 proposal. to permit a telecommunications facility on an existing transmission tower with accessory ground-mounted equipment is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section Nos. 18.14.030.040.0402 and 18.38.060.. 2. That the proposed telecommunications facility would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the proposal locates the proposed antennas on an existing electrical transmission tower reducing the cumulative visual clutter of such facilities by using existing infrastructure, and the transmission tower is located 280 feet from Stonybrook Drive further minimizing the visual impact of the proposed facility.:. 3. That the size and shape of the site is adequate to allow full development of the proposal in a manner not detrimental to the particular area nor to the health and safety because the telecommunications facility would be located on an existing electrical transmission tower with minimal new equipment 4. That because this is an unmanned facility with infrequent maintenance, the traffic generated by the proposed use will not., under the conditions imposed, impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area_ 5. That granting this conditional use permit will not, under the conditions imposed, be detrimental to the health and safety of the citizens of the City of Anaheim and that the use will contribute to an effective wireless communications network system in a manner that would blend in with the existing facilities. 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 permit a telecommunications facility on an existing electrical Cr\PC2006-0 -1- PC2006- transmission tower with accessory ground-mounted equipment; 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 this telecommunications facility shall be limited to no more three (3) sectors with no more than two (2) panel antennas on each sector, a 24-inch diameter microwave dish, and a 6-inch tall 3-inch wide GPS antenna, on the existing electrical lattice tower with accessory ground-mounted equipment. The six (6) antennas shall be limited to a height of 63 feet. No additional antennas or equipment cabinets shall be permitted without the approval of the Planning Commission at a noticed public hearing. 2. That the antennas shall be finished and painted to match the existing electrical lattice tower structure. If the finish or color of the tower is modified, the antennas shall be modified accordingly. Said information shall be specifically shown on the plans submitted by building permits. 3. That that ground-mounted equipment shall be located entirely within an 6-foot high decorative wrought iron fence and the cable connecting to the equipment shall be underground and shall not be visible to the public.. Said information shall be specifically shown on plans submitted for building permits. 4. That all equipment, including supply cabinets and power meter shall be screened from the public right- of-way. Said information shall be specifically shown on plans submitted for building permits. 5. That the Operator shall ensure that its installation and choice of frequencies will not interfere with in the 800 MHz radio frequencies required by the City of Anaheim to provide adequate spectrum capacity for public safety and related purposes. 6. That before activating this facility, the Operator shall submit to apost-installation test to confirm that the facility does not interfere with the City of Anaheim's Public Safety radio equipment. This test shall be conducted by the Communications Division of the Orange County Sheriffs Department or a Division approved contractor at the expense of Operator. 7. That the Operator shall provide a 24-hour telephone number to the Planning Services Division (to be forwarded to the Fire and Police Departments) to which interference problems may be reported, and shall resolve all interference complaints within 24 hours. B. That the Operator shall ensure that any of its contractors, sub-contractors or agents, or any other user of the facility, shall comply with the terms and conditions of this permit. 9. That should this telecommunication facility be sold, the Planning Services Divisions shall be notified within 30 days of the close of escrow. 10. That any required relocation of City electrical facilities shall be at the petitioner's expense. Landscape and/or landscape screening of all pad mounted equipment shall be required and shall be specifically shown on plans submitted for building permits. 11. That the applicant shall obtain aRight-of-Way Construction Permit from the Public Works Department for any work within the public right-of-way, including but not limited to installation of conduit, cable, and electrical service lines. -2- PC2006- 12. That the routing of the telco and power runs shall be routed within the property parallel to the existing property line and then out to the power pole. Pull-boxes shall be required where the conduits change direction. Said information shall be specifically shown on plans submitted for building permits. 13. That portion of the property being leased to the telecommunication provider shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. 14. That no signs, flags, banners, or any other form of advertising shall be attached tp the antennas or to the transmission tower structure. 15. That a final landscape and equipment enclosure plan indicting a 8-foot high decorative wrought iron fence with landscaping from the nursery placed in front of the enclosure to screen the equipment from the public view along Stonybrook Drive. Any decision by staff regarding said plans may be appealed to the Planning Commission as a Reports and Recommendations item. Said information shall be specifically shown on plans submitted for building permits. 16. That the subject property shall be developed substantially in accordance with the plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos.1 through 7 and as conditioned herein. 17. 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, 10, 12 and 15 above mentioned, shall be complied with. Extensions of further time to complete said conditions may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 18. That prior to final building and zoning inspections, Condition Nos. 6, 7, and 16, above mentioned shall be complied with. 19: That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State, and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation, or equipment. 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 May 1, 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 May 1, 2006, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: VACANT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of 2006. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2006- Item No. 7 VAR 3989 n~~oo-oiao RCL 66-fi7-74 RCL 60-61-113 RCL 55-56-19 RCL 54-56-42 KATELLA/LEWIS KATELLA AVENUE CUP 24! CUP 20<. CUP 28 ii7s vAaiit7 ~ ~ ~ v E ! ..,.~ ~„~~ t vAR soa %a, S Z~ E SPEED SHOP ~ 9 ~~ (j i® _ _ T(MHP) - `~/- GEfdEAUTRYWAYI ~ Conditional Use Permit No. 2006-05079 Requested By: IDELFONSO G. MARQUEZ, JR. AND CHERYL Y. MARQUEZ 1635 South Lewis Street 10028 i Anaheim Blvd Area ~ "0 B . i tY~ ~ Subject Property Date: May 1, 2006 Scale: 1" = 200' Q.S. No. 98 RCL 99-00-15 (Res. of Int. to SE) RCL 66-67-14 RCL 65-fib-84 CUP 1670 RCL 99-( I o-H (Ras. or Int IND. FIRMS I RCL 66-f I~---I( CUP 11 IND. FIF Conditional Use Permit No. 2006-05079 Requested By: IDELFONSO G. MARGIUEZ, JR. AND CHERYL Y. MARQUEZ 1835 South Lewis Street Subject Property Date: May 1, 2006 Scale: 1" = 200' Q.S. No. 98 ~aoze - Date oFAerial Photo: Ju1v 2005 Staff Report to the Planning Commission May 1, 2006 Item No. 7 7a. CEQA NEGATIVE DECLARATION (Motion) 7b. CONDITIONAL USE PERMIT N0: 2006-05079 (Resolution) SITE LOCATION AND DESCRIPTION: (1) This rectangularly-shaped, 0.5-acre property has a frontage of 117 feet on the west side of Lewis Street, a depth bf209 feef; and is located 517 feefsouth of the centerline of Katella Avenue (1835 South Lewis Street). REQUEST: (2) The applicant requests approval of a conditional use permit under authority of Code Section No. 18.10.030.040.0402 to permit a mortuary to cremate and embalm human remains in an existing industrial building. BACKGROUND: (3) This property is developed with a vacant warehouse building and is zoned l (Industrial). The'Anaheim General Plah designates thisproperty and surrounding,propen'ies for Office- High IantlLses. This property is located within the Platinum Triangle. (4) The following zoning action pertains to this property: (a) Variance No. 2441. (to waive (a) permitted outdoor uses and (b) required masonry wall for screening outdoor use and erect chain link fence aroundan outdoor industrial use and storage area) was approved by the Planning Commission November 27, 1972. Since outdoor uses are not proposed with this proposal, staff has included a condition of approval requiring termination of this permit. ' DEVELOPMENT PROPOSAL• (5) The applicant requests a conditional use permit to establish a mortuary to cremate and '`embalm human remains with accessorybffice useswithin an existing 10,000 square foot sirtgle-story industrial warehouse building. She site plan (Exhitiit No. 1) indicates the tiuilding,isJocated on the southern portion of the property on the west side of Lewis Street. No changes to the site plan are proposed. (6) Vehicular access to the site is via a single driveway along Lewis Street. Code requires land uses without a specified parking ratio to complywith requirements determined to be reasonably necessary by the City Trafficand Transportation Manager through a parking demand study.. Based upon comparable businesses in surrounding cities, the City's. Independent Traffic and Parking Consultant has determined that the proposed land use would require a minimum of 13 parking spaces for weekday and weekend operations, The site plan indicates a total of 28 on-site parking spaces. Srcup2006-05079kiw.doc Page 1 Staff Report to the Planning Commisston May 1, 2006 Item No. 7 existing business servicing various County Coroners; funeral homes, and' cremation societies in Southern California:' Therefore; the applicant is not requesting any signage since advertisemenffor identification to the public is not necessary foFtheir propdsed business. `- (11) The submitted letter of operation indicatesthe proposed mortuary would provide cremation and embalming services for human remains. All deliveries would take place inside the building to prevent visibility to he public..' The mortuary would accept deliveries inside the building by driving into the 6uiiding throughthe existing roll-up doors closest to'Lewis Street. 'Access into the buildirtg would be controlled Via remotewo operate the roll.-up doors. The business would be a 24-hour facilitywith three shifts and a minimum`of two (2) employees per shift. ENVIRONMENTAL IMPACT ANALYSIS`. (12) Staff has reviewed the proposal and the Initial Study (a copy of which is available for review in the Planning Department) and finds no significantenvironmental impact and, wherefore, recommends that a Negative Declaration be approved upon a finding by the Planhing Commission that the Negativebeclaratioh!reflects the independent judgment of the lead agency; and that it has considered the proposed Negative Declaration tdgether with any comments received tluring thepublic review process'and furtfierfinding'on the basis of the Initial Study and any comments received tfiat there is no substahtiaf evidence that the project will have a significahfeffect on the environment. EVALUATION: `' (19) Code permits mortuaries in the Industrial (I) Zone subject to approval of a conditional use ' permit. (14) 'The proposed 10,000'square foot mortuary to cremate and embalm human remains requires a parking demand stutly to determine the required number ofparking spaces. A parking study dated March 31; 2006, was'prepared'by the City's independent traffic and parking cdnsultant.'7he parking study was conducted at twd (2) sites that offered `comparable services with adjustments foroperational characteristics and building sizes. " The maximum parking demand per this analysis would be 13 parking spaces.'The site plan'.. ndicates28 parking spaces would be provided. Therefore; the City's independent traffic and parking consultant acting' on behalf of the City Traffic and Transpdrtation Manager has determined that the number of parking spaces provided would be adequate to support the number of employees and customers for this use. ` Page 3 Staff Report to the Planning Commission May 1, 2006 Item No. 7 (c) That the size and shape of the site for the proposed use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare; (d) Thafthe traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area: and (e) That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the peace; health; safety and general welfare of the citizens of the Cityof Anaheim:. (17) Staff recommends that, unless additional or contrary information is received during the meeting; and tiased upon the evidence submitted to the Commission, including the evidence presented in the staff report, and oral and written evidence presented at the public hearing, the Commission take the following actions: (a) By motion, aoorove the Negative Declaration for the project. (b) By resolution, approve Conditional Use Permit No. 2006-05079 to permit a mortuary to cremate and embalm human remains in an existing industrial building by adopting the attached resolution including the findings and conditions contained herein. Page 5 [®R,4FY] RESOLUTION NO. PC2006--*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT N0.2006-05079 BE GRANTED (1835 SOUTH LEWIS STREET) 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: THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE LAND DESCRIBED IN PARCEL 2 IN THE DEED TO JACK E, RILEY AND WIFE RECORDED SEPTEMBER 13, 1956 IN BOOK 3642, PAGE 258, OFFICIAL RECORDS, SAID CORNER BEING A POINT IN THE EAST LINE OF SAID NORTHWEST QUARTER, SOUTHERLY THEREON 968.13 FEET FROM THE NORTH QUARTER CORNER OF SAID SECTION; THENCE NORTH 1° 16' 48" WEST, ALONG SAID EAST LINE, 336.50 TO THE TRUE POINT OF .BEGINNING OF THE LAND HEREIN DESCRIBED; THENCE CONTINUING NORTH 1° 16' 48" WEST, ALONG SAID EAST LINE 116..50 FEET;.THENCE SOUTH 88° 43' 12" WEST.. 231.77 FEET TO THE EASTERLY: LINE OF THE SOUTHERN PACIFIC RAILROAD RIGHT OF WAY THENCE SOUTHERLY ALONG SAID EAST LINE 120.15 FEET TO A POINT WHICH BEARS SOUTH 88° 43'.12" WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 88° 43' 12" WEST FROM THE TRUE. POINT OF BEGINNING; THENCE NORTH 88° 12' EAST 202.39 FEET TO THE TRUE POINT OF , BEGINNING. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 1, 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 mortuary (to cremate and embalm human remains in an existing industrial building) use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section No.18.10.030.040.0402; and 2 That the proposed mortuary would not adversely affect the adjacent land uses and the growth and development of the area in which it is located because the site is surrounded by industrially- related businesses,. is not adjacent to any commercial and residential uses and the unique characteristics of the operation would result In a facility that has no exterior advertisement, limited traffic for business operations, and no outdoor uses; and 3. That the traffic generated by the mortuary would not impose ah undue burden upon the streets and highways designed and improved to carry the traffic in the area.. As demonstrated by the parking study dated March 31, 2006, the peak parking demand would be 13 parking spaces, and the site plan indicates 28 parking spaces provided; and Cr\PC2006-0 -1- PC2006- 4. That granting this conditional use permit, under the conditions imposed, would not be detrimental to the health and safety of the citizens of the City of Anaheim; and 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 permit a mortuary to cremate and embalm human remains in an existing industrial building; 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'JT 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 establishment sfiall be operated as a mortuary not open to tfie general public and limited to the cremation and embalming of human remains with accessory office uses and does not include witnessing of the process or services. If at any such time the business is no longer operated as indicated herein; a detailed description of the proposed business shall be submitted for review by the City's Traffic and Parking Consultant to determine if the new use 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 a variance shall be submitted to the Planning Services Division for consideration by the Planning Commission. 2. That ail doors serving the facility shall conform to the requirements of the Unifprm Fire Code and shall be kept closed at all times during the operation of the premises except for ingress/egress, permitted deliveries, and in cases of emergency. 3. That there shall be no outdoorstorage permitted on the premises. 4. That roof-mounted equipment shall be screened from view in accordance witfi the requirements of Anaheim Municipal Code No:18.38.170 pertaining to roof-mounted equipment: Said information shall be specifically shown on the plans submitted for building permits. 5. That 4-foot high street address numbers shall be displayed on the roof of the building in a color that 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 buildingpermits 6. That the existing chain link gate shall be replaced with a decorative wrought iron gate and shall remain unlocked and open during business hours to provide vehicular and pedestrian access to required on- site parking. That said gate shall not be installed in such a manner that may adversely affect vehicular traffic on the adjacent public street: The installation of a new gate shall conform to the Engineering - Standard Plan No. 475 and shall be subject to the review and approval of the CityTraffic and Transportation Manager prior to issuance of a building permit. 7. That the driveway on Lewis Street shall be reconstructed td accommodate a ten (10) foot radius curb return in conformance with Engineering Department Standard No. 115. Said information shall be specifically shown on plans submitted for building permits. -2- PC2006- 8. 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. 9. That all trash generated from this facility shall be properly contained in trash bin(s) contained within the approved trash enclosure(s). The number of bins shall be adequate and the trash pick-up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property. 10. That trash storage areas shalt be refurbished to the satisfaction of the Public Works Department, Streets and Sanitation Division tc comply with approved plans on file with said Department. 11. 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 all persons, property, and. vehicles on-site. Said lighting shall be decorative and complementary to the architecture of the:. building. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval. 12. That signage for subject facility shall be prohibited. Any proposed signage shall be subject to approval by the Planning Commission as a Reports and Recommendations item. 13. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. 14. That an on-site trash truck turn around area shall be provided per Engineering Standard Detail No. 476 and shown on plans as required by the Department of Public Works, Street Sweeping and Sanitation Division. Said information shall be specifically shown on plans submitted for building permits. 15. That a Fire Emergency Listing Card, Form APD-281, shallbe completed ahd submitted to the Police Department. The form is available at the .Police Department front counter. 16. That the landscape plan shall indicate the addition of three (3) Stenocarpus sinuatus, Firewall tree, in the landscaped parkway along Lewis Street, one (1) north of the existing driveway and two (2) in front of the building and fifteen (15) feet from the utility pole. In addition, the landscape plan shall indicate the addition of six {6) 24-:inch box sized trees within the front landscaped setback along Lewis Street: Any decision made by staff regarding said plans may be appealed to the Planning Commission as a Reports and Recommendations item. Said information shall be specifically shown op plans submitted 'for building permits. 17. That the property owner shall submit a letter requesting termination of Variance No. 2441 (to waive (a) permitted outdoor uses and (b) required masonry wall for screening outdoor use and erect chain Zink fence around an outdoor industrial use and storage area) to the Zoning Division.. 18. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning 'Department marked Exhibit Nos, 1, 2, and 3, and as conditioned herein. 19. That prior to issuance of a building permit, or prior to commencement of the activity authorized by this resolution, or within one (1) year from the date of this resolution whichever occurs first, Condition Nos. 4, 5, 6, 7; 11, 14, 16, and 17, above mentioned shall be complied with. Extensions for further time tp complete said conditions shall be granted in accordance with Section No. 18.60.170 of the Anaheim Municipal Code. 20. That prior to final zoning and building inspections, Condition Nos. 10, 15 and 18, above-mentioned, shall be complied with. _3_ PC2006- 21. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Code and any other applicable City, State, and Federal " regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim 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. l5 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 May 1, 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 Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim :Planning Commission held on May 1, 2006, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS:' ABSENT: COMMISSIONERS: VACANT: COMMISSIONERS: IN W ITNESS W HEREOF, I have hereunto set my hand this day of 2006. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2006- Attachment -Item No. 7 ~~ l~ ~ ~7~ lC 1835 Lewis Street Anaheim, CA Prepared for: Prepazed by: of ssociates, Into March 31, 2006 Table of Contents Section Page I. Introduction 1 II. Project Location I III. Site Description I a. Existing Site I b. Proposed Site 1 c. Chazacteris6cs 1 N. Site Uses 1 V. Pazking Requirements 1 VI. Similaz Site Survey 2 VII. Code-required pazking for office portion 2 VIII. Similaz Site Parking Counts 3 IX. Methodology of Study 4 X. Findings a XI. Recommendations and Conclusions 5 I. Introduction Southwest Mortuary is an existing firm that provides transportation services to funeral homes. A site. has been chosen at 1835 Lewis Street that they wish to use as a crematorium. It is an existing 10,000 square foot single-story building, that contains 1,000 square feet of office space: There is no parking rate specified in the City of Anaheim Municipal Code for a crematorium, consequently, a pazking study is required to determine the parking requirements. II. Project Location The site is 1835 Lewis Street. III. Site Description a. Existing Site. The existing site contains a 10,000 squaze foot industrial building that includes a 1,000 SF office: b. Proposed Site The applicant wishes to re-purpose the existing building. They also wish to evaluate an propose to expand the office from 1,000 SF to 1,900 SF, within the existing building. This study will evaluate the parking needs of the two uses: 8,100 SF as a crematorium and 1,900 SF of office. c. Characteristics The site contains 28 pazking spaces. There is one driveway on South Lewis that serves this site. There will be doors that open to allow vans to enter the building for pick-ups and deliveries, so that these activities do not occur outside. IV. Site Uses The site will operate 24-hours a day, 7-days a week. V. Parking Requirements There is no parking rate specified in the Municipal Code for this use. Surveys of similaz sites have been taken, and a parking count at a site similaz in nature to this site was conducted. 1 VL. Similar Site Survey The following sites were surveyed to determine how similar they were to the intended project site. A table of their characteristics is provided that summarized this survey. Based upori a phone survey, the Macera site in Santa Ana was chosen to survey because its business was limited strictly to cremations. There is no pazking lot, consequently the vehicles parked in the alley and along the street were observed during aone-day count. Crematorium Survey to select similar site Name Location Hours of Number of Amenities & services o eration cases O'Connor Laguna Hills 8 AM- 70-100/month Chapel for 200 Mortuary IOPM ' S5% are Cremations and embalming cremations 4 meeting rooms 1 drawin room Loma Vista Fullerton Cemetery, mortuary, Memorial Pazk mausoleum, chapel Crematorium has 5 chambers 1 for witnessin Community Whittier 8 hours 125-150/yeaz Crematory Crematory M-Sat 60% are Funeral home cremations Macera Santa Ana 24 hours 400-500/mo. Crematory has 4 chambers Witnesses are allowed S,SOO s ware feet VII. Code-required parking for office portion The following is an excerpt from ffie City of Anaheim Municipal Code for Non-Residential Pazking requirements, Section 18.42.040 for Non-Residential Parking Requirements. .010 Parking Spaces. Non-residential off-street parking reguirements for automobiles and other vehicles shall be determined by the type of use (use class) associated with the property. Table 42-A (Non-Residential Parking Requirements) specifies the number of parking spaces for each non-residential use, regardless pf the zone district in which the use is located. .0101 For uses not listed, parking requirements may be those determined to be reasonably necessary by the City Traffic and Transportation Manager. The City Tra tc and Transportation Manager may require a parking study in order to make this determination. 2 .-0102 Except as expressly provided in this section, within a business unit containing,.... more than one (1) use class, the minimum number of parking spaces shall be based on the use class with the highest parking requirement. If a combination o•(,parking ratios applies the number of required spaces shall be the sum total of the requirements for each type of use established. The parking rate per Section 18.42.040 of the Municipal Code states that for general offices, 4 spaces per 1,000 squaze feet of GFA aze required for buildings of 3 stories or lower. VIII. Similar Site Parking Counts Pazking counts were taken on Wednesday, Mazch 22, 2006 at the Macera Crematorium in Santa Ana at 1920 Fuller Street. There is no paking lot, so parking was observed along the east and west side of the building. ~~ Project #` 06-1088-001' City: Santa Ana Day; Wednesday Location: 1020 Fuller Dater 3/22/2006 ,rte 4 d~<t D~~~ v s ~ w.. K€4~ Sx v. ~~`',~ y~ ~ uv`~7, ~ `w'ivz~ ~~~0~ p Q "~.` __ ~~ 7'Sl~ '4n ~ .,r; ~At3~fE ~t _ _ ~~,~ ~~~~~>~~ ... .Ft~~~,~ .wkv~~ Q,~F,v'`PEOPLE .u 0 0 0 _ 0 0 0_ 1 2 ~~~~~ .~„ 1 1 0 0 ~F•" ~ ~~ ~ 0 0 0 0 r_ .:_ ' . 1 1 0 0 _ 0 0 1 1 1` 1 0 0 LL ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 f. 0 0 -0 0 ~ 0 0 0 0 0 0 0 0 `3 3 2 3 3 The highest parking demand at this similar site at any time was only one vehicle. The cumulative total number of vehicles observed during the day was three. IX. Methodology of Study The Southwest Mortuary desires to establish a crematorium that will have a 1,900 SF office and an 8,100 squaze foot crematorium. There will not be any family members allowed at this location. The pazking demand for this site is based on a combinafion of the code-required. pazking for the office portion and the observed parking demand from the similar site, factored up due to unequal sizes of sites. Office Parkin Eight pazking spaces aze required for the office (4 pazking spaces/TSF X 1.9 TSF =8 spaces) per Section 18.42.040 of the Municipal Code Crematory Because the proposed site is one and one half times as large as the similaz site, the pazking count has been factored up. The factor is based on the ratio of the proposed site to the similaz site (8,100/5,500=1.5). Multiplying the factor 1.5 by the 3 pazking spaces observed, results 7n 4.5 spaces. This is rounded up to 5 pazking spaces... In summary, the Southwest Mortuary would need a minimum of thirteen pazking spaces onsite: eight pazking spaces for the 1,900 SF office and five parking spaces for ffie 8,100 square foot crematorium. Based on the site plan provided, there are 28 spaces provided: This will: accommodate the anticipated parking demand, with a surplus of 15 parking spaces. X. Findings Finding Number .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 ofsuch use. Southwest Mortuary will provide adequate parking onsite for its intended use. Finding Number .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. Southwest Mortuary will `provide adequate parking onsite, and no on-street parking is anticipated for this use. _4 Finding Number .0103 That the variance, zmder the conditions unposed, 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 arz agreement in compliance with subsection 18.42.050.030 (Non-Residential) Southwest Mortuary will provide adequate parking onsite, and no overflow parking is anticipated to occur upon adjacent private property. Finding Number .0104 That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off-sheet parking areas or lots provided for the proposed use. Southwest Mortuary will provide sufTicient parking onsite, and no increased congestions is anticipated along South Lewis Street. .Finding Number .0105 That the variance, under the conditions imposed, if any, will not impede vehiculaz ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. Southwest Mortuary will provide adequate parking within the onsite parking lot, and the vehicles exiting and entering the site will not impede vehicular ingress to or egress from adjacent properties. XI. Recommendations and Conclusions The proposed crematorium site at the Southwest Mortuary at 1835 Lewis Street contains 28 pazking spaces. This is adequate to accommodate the anticipated pazking demand of 13 pazking spaces if the site operates as stated, and no family members are allowed to enter the site. If this policy changes, and family members are allowed into the site for witnessing, additional paking spaces may be required. It is our understanding that a condition will be placed on the project, that a new pazking study will be required if the site becomes open to family members or if additional services will be provided. Item No. 8 Du fiDU IDU gLL nd953 ~ GRAMERLY AVE COP 2)a VM 286s 2 aw VAR] ]owNHprnEs qCL 631686 RLL 565&BB WSM qCL S].50-t9 ~ LLl.1.ylJJ BpV ~ VAq 3111 DU BDV IDU T~ w IA LRES)A APARTMEN25 > _ RM-3 qM3. _ g M13 $ RM~ ° RLL S&5900 z VAq 0 6] RCL S)-50-18 a ~ I pU EACH t 0U E4CX 1 pU FPLH EALH 1 . 0pU 0pU BDU IDU 18 DU GLENCREST AVE R qAM a . gcLSaaae '= vqH ]361 vAgt ~: PLLS YOB 9a ~$ W42 9DU epu epu fepu to Du Du EACH 1 Du EAc _ CRESCENT AVENUE _ GLENOAKS AVENVE PazealA / I ~Ot]6 161 fl UP135Y' : ku LL3 RLL2Wf-00015 A . Pa)LBI9 Q R43 ^~ i+ I „ LL WOdOP!). ~ R~ ry J} ? 8 ~ ~ W 2' 1DV EALH -00 I Z RMi qLL 3006 1] i RLL 2001~00pN 0:~ O 1 VACAFR ~n R0. 60.6186 " gCLJYTI ]0 ` 7. ~ F- y CL43t9 RMi ,, qq>LR 11 Z qi2 VqR 1151 qCL E0.81-00 ~ 5~., VM 3]16 Q tOV FACN ~ ~ MAR)IAENTS CUP 319 T 1080V VM 1]SC VPA3IH) +V 4 ~ ; ~ JF VALANi K ' m s'~ ~`~ s :" N uURFL PI ~~ Nr q TS `. 3 q 9 'Y ]Y,y RS3 9 a F R R D F FF i ~ Fha y A RcL fi -fiw 9y CUP ])B5 LUP 1M] VqR ]3815 I VM I3I0 RCL 5}5y19 COMMEACF PARR ANAHEIM VN10N SMALL NU. FIRMS HIGH sLHOOI p15)glCf RLL )1-)Z-YB I RLL 515419 TLl1P 2801-01]]9 TLlIP 300D01310 Anl6m 5],THOMAS NOREPH GTHOLIC LEMEq $ w U L l g G Pµ g~ GG 8043 vawr i DU EACH CH ~a a ) AC 3 ~xw LUP ]3]0 5 I @~ Oy F O RCE O RI RMi . u'6 6lDG . Ryggpj~t PEARL STREET Parcel C s vaR 2 s2 C-G cos ous RLL2DO6-roes 'a. ~ RcL es9D.n2 RCL B3E4a0 a. IDU EACH Du 10U CN l9,, cuP 9ta 3~y e ~ I u LUP dTO p g M.] VAR 3002 0 G R •~• VA0.18YlS ' S ~ PPTS. G430 RM< VAR 17415 RCL 63 S CUP 970 VAR APAFTMENTS 4 VA 02 t ~ ~ DU CH CMIT > U S P4 ,' RMd IO DV RMd DiAMONO sr Rcva-]sa2 ~ ~s t qMJ RMa '* ~;', 1 0.Mi is VPPTS 0 ~~~ a> / VAp~pp~yµ5 , PPA ~]Y~ PDU ~ S`,¢Jo M NTS c > 4 0 tDU EACHI T ~DU r1PMIW6Eb 5 fi vM0 E ~'~Y aT~-ENUE~' i eta )pcu ILSHIRE ~ q ,c~ W u $ ~ ¢ A F ` LLmr t CC > '40, K 3av:mmme swisHOPs c n ` MAUiSNOPS g ~oau;:91 °'P ~ U i.) ~o qy VACANT ?°°.. P~6d3'~6 NCOLN AVENUE LI ~~ b~ Reclassification No. 2006-00176 `"° ~a Subject Property Date: May 1, 2006 Scale: Graphic Requested By: Anaheim Redevelopment Agency Q.S. No. 38, 46, 62 10032 0: 2005 Reclassification No. 2006-00176 Requested By: Anaheim Redevelopment Agency Subject Property Date: May 1, 2006 Scale: Graphic Q.S. No. 38, 46, 62 ~aaaz Staff Report to the Planning Commission May 1, 2006. Item No. 8 8a: CEQA NEGATIVE DECLARATION (Motion) , Sb. RECLASSIFICATION NO: 2006-00176: (Resolution), SITE LOCATION AND DESCRIPTION: (1) Parcel A: This irregularly-shaped 1.3-acre parcel is located west of the terminus of Glenoaks Avenue at the intersection of Greenleaf Avenue ahd GlenoakSAvenue, with a frohtage of 436 feet on the west side of Greenleaf Avenue (no address). : Parcel B: This irregularly-shaped 2.6-acreparcel is located south of the terminus of Chippewa Avenue at the intersection of Crescent Avenue and Chippewa Avenue, with a frontage of 413 feet on the south side of Crescent Avenue (no; address). , Parcel C: This irregularly-shaped 0.84-acre parcel is located atthe northeast corker of Wilshire Avenue and Pearl: Street; with frontages of 110 feet on the east side of Pearl Street and 446 feet on the north side of Wilshire Avenue (ho address). ; :REQUEST. (2) This is aCity-initiated (Commuhity Development Department) request for approval of reclassification of these properties as follows to allow for the future constructionbf three affordable Rousing projects: (a) Parcel A-from the RM-3 (Multiple-Family Residential) zone to the RM-4 (Multiple- Family Residential) zone or less intense zone. ` (b) Parcel B -from. the RS-3 (Single-Family Residential) zone to the RM-3 (Multiple- Family Residential) zone or less ihtense zohe. (c) Parcel C -from the C-G (General Commercial) zone to the RM-4 (Multiple-Family Residential) zone or less intense zone. BACKGROUND: (3) These properties are`currently vacant. The existing zoning and General Plan land use designations are as follows: ~~, .. ;i?arcisl..., ,_. .; ,~.Fartstfn ;2oriiri"., ~,. .:~^` ,General-Klan..; _. r. A RM-3 Medium Densit Residehtial 6 RS-3 Low-Medium Densif Residential C C-G MediumDensit Residential DISCUSSION: (4) This reclassification request to rezone the subject properties from the RM-3, RS-3( and C-G zones to the RM-4, 12M-3, and RM-4 zones respectively, would be consistent with the Low- Medum Density and Medium bensity Residentialland designations for these properties. This reclassificatioRtyould permit planned developments consisting of apartment complexes on each parcel consistent with applicable development standards and State Density Bows Law.: This reclassification request would also tie compatible witR tRe surrcunding multiple-family ahd single-family zoning and land uses. SR-RCL2006A0176ds Staff Report to the Planning Commission May 1, 2006. Item No. 8 (5) The attached memorandum from the Community Development Department dated April 18; 2006; indicates a reclassification is being requested to allow the development of ; "affordable" multiple-family residential housing projects on remnant parcels from the I-5 Freeway widening project: Tfie development of these three'sites would' provide approximately 143 units of affordable rental housing.: The Redevelopment Agency is currehtly ih the process ofiapproving an`Affordability Housing Agreement witR a housing. developer: Under the termsof the agreement, tfie developer would`enter into a long term ground' lease and develop`affordable 7ental units on each site: (6) The requested reclassification would facilitate the'replacement of vacant blighted properties. with new residential'develbpments irr areasbbhtaining otherresidential uses.'The RedevelopmehtAgency has invested in nev/ infrastructure; new housing developments, historic preservation projects, and urban office end commercial developments citywide. "Parcels A and B are'designated as Housing Oppdrtunity sites(Parcel C is not designated as a housing opportunity site) in the City's adopted Housing Element; thus, the proposed RM-3 and RM-4 zoning classifications for these areas would also supplement ahd support. City programs identified in Anaheim's Housing Element: Community Development Department staff has been working closely with the developers oh specific site design issues and architectural plans which would tie presented to the Commission at a later public hearing. (7) The requested reclassification is being processed under the City's new Affordable Housing Strategic Plan: The Plan seeks to expahd the supply of rental housing affordable to very , ''1ow, lows and moderate-income households. The Plan identifies several incentives to be explored to encourage the development of new units. One of these incentives is expediting the review of applications for tliscretionary entitlements and plan check. The processing of °'this reclassification'ahead oftfie development plans would expedite tfte entitlement processing. ENVIRONMENTAL IMPACT ANALYSIS: (8) Staff has reviewed the proposal and the Initial Study (a copy of which is available for review in the Planning Department): Based oh Citystaff review of the proposed project,: staff recommends that a :Negative Declaration be apprpved upon a finding by the Commission` that the declaration reflects the independent judgment of the lead agency; and that it has considered the. proposed Negative Declaration together with any comments Yeceived during the publicreview process and further finding on the basis of the Initial Study and any comments receivetl that there is no substantial evidence tftatthe project will have a significaht effect on the environment. RECOMMENDATION: (g) Staff recommends that, unless additional or contrary information is received during the meeting, and based upon the eviderce submitted to the Commissioh; including the evidence presented in this staff report, ahd oral and written evidence presented at the public hearing, the Planning Commission take the fellowingections: (a) By motion, aoorove a Negativebeclaratibn for the project. (b) By resolutioh, aoorove Reclassification No; 2006-00176 to reclassify the subject properties tiyadopting the attached resblutidn including the fihdings and conditions. contained therein. ' Page 2 ~®RAFT, RESOLUTION NO. PC2006--*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR RECLASSIFICATION NO. 2006-00176 BE GRANTED WHEREAS, the Anaheim Planning Commission did receive a verified petition for Reclassification for real property situated in the City of Anaheim, County of Orange, State of California, described as follows: , PARCEL A: THAT PORTION OF LOT 2 OF TRACT NO. 5495, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE; STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 205, PAGES 24, TO 29 INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE CENTERLINE INTERSECTION OF HOLLY STREET AND CATALPA AVENUE, AS SHOWN ON TRACT N0. 1802 RECORDED IN BOOK 56, PAGES 27 TO 29' INCLUSIVE OF SAID MISCELLANEOUS MAPS; THENCE ALONG THE CENTERLINE OF SAID CATALPA AVENUE NORTH 89° 20' 29" WEST, 151.09 FEET, TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE LEAVING SAID CENTERLINE. SOUTH 44° 1T 02" EAST, 193.25 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 1340.00 FEET; THENCE SOUTHEASTERLY 172.21 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7° 21' 49"; THENCE SOUTH 51° 38' 51" EAST, 148.50 FEET; THENCE SOUTH 48° 02' 33" EAST; 207.80 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF GREENLEAF AVENUE; AS SHOWN:: ON TRACT NO. 4621, RECORDED IN BOOK 190, PAGES 22 TO 24 INCLUSIVE, OF SAID: ; MISCELLANEOUS MAPS; SAID POINT BEING ON A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 358.35 FEET AND. DISTANT 140.36 FEET MEASURED ALONG SAID CURVE THROUGH A CENTRAL ANGLE 22° 26' 30" FROM THE SOUTHEASTERLY TERMINUS OF SAID CURVE. THE BEARINGS. AND DISTANCES USED IN THE ABOVE DESCRIPTIONS ARE ON THE CALIFORNIA COORDINATE SYSTEM OF 1927, ZONE 6. MULTIPLY ALL DISTANCES USED IN THE ABOVE DESCRIPTION BY 1.0000121 TO OBTAIN GROUND LEVEL DISTANCES: THERE SHALLBE NO ABUTTER'S RIGHTS OF ACCESS APPURTENANT TO THE ABOVE. DESCRIBED REAL PROPERTY IN AND TO THE ADJACENT STATE FREEWAY. PARCEL B: THAT PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON 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 CENTERLINE INTERSECTION OF CRESCENT AVENUE AND. CHIPPEWA AVENUE (FORMERLY CHIPPEWA STREET) AS SAID INTERSECTION IS SHOWN ON TRACT NO: 3095, AS PER MAP RECORDED IN BOOK 122, PAGES 24 AND 25 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID. COUNTY; THENCE ALONG THE CENTERLINE OF SAID CRESCENT AVENUE NORTH 89° 05' S6"WEST 244.57 FEET; THENCE SOUTH 56° 07' S5" EAST 95.56 FEET TO A POINT ON THE SOUTHERLY LINE OF THAT CERTAIN ROAD EASEMENT AS DESCRIBED IN THE EASEMENT DEED RECORDED JULY 26, 1972 N BOOK 10242, PAGE 943 OF OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING-, THENCE CONTINUING SOUTH 56° 07' 55" EAST 689.98 FEET TO A POINT ON THE WESTERLY LINE OF TRACT NO. 1591 RECORDED IN BOOK 54 PAGES 36 THROUGH 39, INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID CR\PC2006-0 -1- PC2006- COUNTY. THENCE ALONG SAID WESTERLY LINE NORTH 00° 26' 45" EAST 397.47 FEET; TO A ' -" POINT ON A LINE PARALLEL WITH AND DISTANT 30.00 FEET SOUTHERLY OF, SAID CRESCENT AVENUE; THENCE NORTH 89° 05' 56" WEST 416.22 FEET TO THE EASTERLY CORNER OF SAID ROAD EASEMENT DEED RBCORDED IN BOOK 10242, PAGE 943 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID ROAD EASEMENT SOUTH 81 ° 26' 36" WEST 133.82 FEET; THENCE NORTH 89° 05' 56"WEST 27.51 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINEN COMMENCING AT THE INTERSECTION OF SAID CRESCENT AVENUE AND CHIPPEWA AVENUE (FORMERLY CHIPPEWA STREET); THENCE ALONG THE CENTERLINE OF SAID CRESCENT AVENUE SOUTH 89° 05' 56" EAST 114.57 FEET; THENCE PERPENDICULAR. TO SAID CENTERLINE SOUTH 00° 54' 04" WEST 30.00 FEET TO A POINT ON THE SOUTHERLY. LINE OF' CRESCENT AVENUE;' SAID. POINT BEING THE POINT OF BEGINNING; SAID POINT ALSO BEING THE BEGINNING OF A CURVE TANGENT TO SAID SOUTHERLY LINE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 112.00 FEET, THENCE WESTERLY 20.02 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10° 14' 31°; THENCE SOUTH' 80°'39' 33" WEST 55.09 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 74.00 FEET; THENCE. WESTERLY, NORTHWESTERLY AND NORTHERLY 141.88`FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OE109° 51'.19"; THENCE NORTH 10° 30'52" EAST 64.18 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 112.00 FEET; THENCE NORTHERLY 20.01 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10° 14' 16" TO A POINT OF TANGENCY WITH'A LINE' PARALLEL WITH AND DISTANT WESTERLY 32.00 FEET, FROM THE CENTERLINE OF SAID:: CHIPPEWA AVENUE (FORMERLY CHIPPEWA STREET.) PARCEL C: ALL THAT CERTAIN EXCESS LAND, BEING' STATE PARCEL 200363-6, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN THAT FINAL ORDER OF CONDEMNATION, CASE NO. 758-080, RECORDED JANUARY 25, 1999 AS INSTRUMENT N0. 19990051564, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH THOSE PORTIONS OF` LOTS 8, 9 AND 10 OF TRACT NO. 10669, PER MAP RECORDED IN BOOK 459, PAGES 46 AND 47 OF=MISCELLANEOUS MAPS ON FILE IN SAID OFFICE OF THE COUNTY: RECORDER, LYING' SOUTHWESTERLY AND''SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE SOUTHERLY TERMINUS OF COURSE "5" AS DESCRIBED IN STATE PARCEL 200363-1 IN SAID FINAL ORDER OF CONDEMNATION BEING A POINT OF ' COMPOUND CURVATURE WITH CURVES CONCAVE SOUTHWESTERLY HAVING RADII OF 110.00 FEET AND 50.00, A RADIAL BEARING OF SAID CURVES BEARS NORTH 77° 02' 38" EAST; THENCE NORTHWESTERLY ALONG SAID COURSE "5" ANTI SAID 110.00 FEET RADIUS CURVE 162.25 FEET THROUGH A CENTRAL ANGLE OF 84° 30' 35" TO THE NORTHWESTERLY TERMINUS OF SAD CURVE, A RADIAL LINE TO SAID POINT BEARS NORTH 07° 2T 57" WEST; THENCE TANGENT TO SAID CURVE SOUTH 82° 32' 03"WEST 194.35 FEET TO THE WESTERLY LINE OF SAID LOT 8 AND THE TERMINUS OF THIS LINE DESCRIPTION: THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE ON THE. CALIFORNIA COORDINATE SYSTEM OF 1927., ZONE 6, MULTIPLY ALL DISTANCES USED IN THE ABOVE DESCRIPTION BY 1.00002052 TO OBTAIN GROUND LEVEL DISTANCES. -2- PC2006- WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 1, 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 end 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 applicant proposes reclassification of Parcel A -from the RM-3 (Multiple-Family Residential) zone to the RM-4 (Multiple-Family Residential) zone or less intense zone, Parcel B -from the RS- 3 (Single-Family Residential) zone to the RM-3 (Multiple-Family Residential) zone or less intense zone, and Parcel C -from the C-G (General Commercial) zone to the RM-4 (Multiple-Family Residential) zone. 2. That the Anaheim General Plan designates Parcels A and C for Medium Density Residential land uses., and Parcel B for Low-Medium Density Residential land uses and the proposed reclassification would implement the appropriate zone classification for each of the parcels consistent with the respective General Plan. designations. 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 would supplement and support City programs identified in Anaheim's Housing Element and allow for development of new housing units on housing opportunity sites. 5. That the proposed reclassification of subject properties properly relates 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. 6. That "'indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FENDING: That the Anaheim Planning Commission has reviewed the proposal to reclassify: Parcel A from the RM-3 (Multiple-Family, Residential) zone to the RM-4 (Multiple-Family, Residential) zone; Parcel B from the RS-3 (Single-Family, Residential) zone to the RM-3 (Multiple-Family, Residential) zone; and Parcel C from the C-G (General Commercial) zone to the RM-4 (Multiple-Family, Residential) zone, to allow for the future construction of three affordable housing projects; 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 heretiy approve the subject Petition for Reclassification to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to exclude Parcel A from the RM-3 (Multiple-Family, Residential) zone and to incorporate said described property into the RM-4 (Multiple-Family, Residential) zone; to exclude Parcel B from the RS-3 (Single- Family, Residential) zone and to incorporate said described property into the RM-3 (Multiple-Family, Residential) zone; and to exclude Parcel C from the C-G (General Commercial) zone and to incorporate said described property into the RM-4 (Multiple-Family, Residential) zone, unconditionally. 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 may be approved or denied by the City Council at its sole discretion. -3- PC2006- THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 1, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" bf'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 May 1, 2006, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: VACANT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of , 2006. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2006- AN,,HEIM1, Cq( D~ D .F -^• DVNDED ~6 ~a$3T ®~ 1~1~~,Ypp~~t~[p/ffi1gnptprt A Tµ~~A®/Apf @~~1Ap~~ ~Rg1 ~® ~lL JL JLI w•~~JI.J®Y lYn9J1Y JL To: Dave See, Senior Planner From: Abel Avalos, Project Manager Date: Apri118, 2006 Attachment -Item No. 8 ~a;, °~ ~,o ~.-~ ~° o~q~~cF~ ~,V ~ r~fNS Y L .~ ~/~C .l. (/ o `, 1 a .`+ RE: Jamboree Housing Development: Certification of Affordability Anaheim Redevelopment Agency ("Agency") staff has been working with Jamboree Housing ("Jamboree") to develop a site plan for the properties located at W. Glenoaks Ave. and W. Greenleaf Ave. (APN 272-081-OS and 272-081-04), W. Crescent Ave. and Chippewa St. (APN 072-091-03), and 1371 W. Wilshire Ave. and 1232 W. Diamond St. (APN 255-022-51). The properties aze remnant parcels from the I-5 widening project and were included in the recent multi-family request for proposals. As proposed, the development of these sites would provide approximately 143 units of affordable rental housing. Staff is in the process of approving an Affordable Housing Agreement between the Agency and Jamboree. Under the terms of the Agreement, Jamboree would enter into along-term ground lease and develop affordable rental units on each site. All of the rental units would be required to be affordable and leased to income qualified households. Affordability levels would be based on the applicable Orange County income guidelines. jamboree's obligation under the Agreement is to obtain all necessary entitlements and financing, construct the units, and carry out the mazketing and management responsibilities. Jamboree will also offer preference to Anaheim residents and persons employed in Anaheim to qualify for units prior to a general public release. If you have any questions, or need additional information, please call me at (714) 765-5238. ..inoc ~ - ui o ~ GLENCREST AVE I- x ~ ~ Rs-z ~ ~ 1 D. EAC O 1 I U Q 2 CRESCENT AVENUE r®-222' --~ .- W - RCL 64-6503 { ~ w RCL 59 fi0-107 ~- RM-2 - ~ z T CUP 2006-05076 RCL 78-7940 CUP 2003 04665 VAR 3098 ~ ~ ? t ,C".° ~ VAR 906 S - Q C 0 N 08 4 g pU RMd Q RCL 66-87-25 J VAR 3645 APARTMENTS Z 21 DU ~ M 4 ~ C-G R - VIVA ADULT LIVING RCL 63-64-23 RGL 59-60-107 CUP 3323 RMd CUP 2302 CL 66-67-59 VAR 2013 BAYLOR CIRCLE CUP 2234 CUP 2229 VAR 1671 ADULT LIVING CUP 1254 124 DU RM-4 CUP a66 VAR 2411 VIVA ADULT LIVING MAGNOLIA CRESCENT SHOPPING CENTER RCL Conditional Use Permit No. 2003-04685 TRACKING NO. CUP2006-05078 Requested By: JOSEPH KARAKI 590 North Magnolia Avenue V) W O Q S 62-63-60 1P 377 - R 1632 R 159a T~} ,, ~< 10034 N 7 O U Q S VAR 974 w PR Subject Property Date: May 1, 2006 Scale: 1" = 200' Q.S. No. 26 RS-2 1 UE H GRAMERCY AVE Staff Report to the Planning Commission May 1, 2006. Item No. 9 9a. CEQA NEGATIVE DECLARATION {PREVIOUSLY-APPROVED) (Motion for cohtinuance) , 9b. CONDITIONAL USE PERMIT NO. 2003-04685 (Tracking No. CUP2006-05078) , SITE LOCATION AND DESCRIPTION: (1) This rectangularly-shaped 0.80-acre property is located at the southeast comer of Magnolia and Crescent Avenues having frontages of 145 feet on the east side of Magnolia Avenue and 222 feet on the south side of Crescent Avenue (590 North Magnolia Avenue). REQUEST: (2) The applicant requests to modify exhibits and amend or delete conditions of approval to modify apreviously-approved automobile car wash facility with accessory fast food restaurant and accessory retail sales, to permit a self serve car wash facility under the authority of Code Sections 18.08.030.040 and 18.60.190.030.. BACKGROUND: (3) This property is vacant and is zoned C-G (General Commercial). The Anaheim Geheral Plan designates this property and property to the south for Corridor Residential wand uses. Properties tb the north and east are designated for Low Density Residential land uses and properties to the west are designated for Medium Density Residential land uses. (4) The applicant, Joseph Karaki, has submitted the attached letter dated April 21, 2008; requesting a continuance to the May 15; 2006, Commission meeting; in order to complete revislohs to the plans and allow staff time to advertise a waiver for minimum landscaped setback. PREVIOUS ZONING ACTIONS: (5) Conditional Use Permit No. 2003-04685 (to construe{ an automobile car wash facility with accessory fast food:restaurant and accessory retail sales, to permit a self serve car wash facility) was approved by the Planning Commission on May 19, 2003: RECOMMENDATION: (6) That the Commission, by motion, continue this item to the May 15, 2006, Planning Commission meeting: Sr-cup2003-04685(con1050106)jpr sr~c050106 Page 1 Attachment -Item No. 9 From: Joseph [mailto:jkaraki@wsecnc.com] Sent: Friday, April 21, 2006 4:37 PM To: James Ramirez Subject: Continuance Hello John, I would like to request a continuance for the carwash project located at 590 S. Magnolia Ave., until May 15th. Regards, Joseph Karaki President Western States Engineering, Inc. (714) 695-9300 (714) 693-1002 tax