Loading...
PC 2006/05/15------ ~ a6ed E90/B l/50) ooP'90S L401sepua6e~~eoua~o~soop~:H ;au•wiayeue uoiss~wwoo uiuue~ ssa~ppe view-a 6uirnopo; aye 6uisn uoissiwwo~ 6uiuue~d aya ~o; a6essaw a anew ~(ew no% .............. ;uawu~nofpy swa;I 6uueaH ~!19nd ~epuale~;uasuo~ s;uawwo~ ol~gnd aauel6apy }p a6pald .. eta 'UV'd 0£~Z 6ul~eaH allgnd of auanuooab uolssag 6w~eaH al~gnd uoou~a}~y of ssaaaa epua6e g00Z 'S 4 ~(eW aye uo swa;! ~o; Ma!na~{ ueld tieu!w!la~d (uo!ss!wwo~ 6u!uueld ~(q pa~sanba~ sy) sanss! pue s;uawdolanap k~!~ sno!~en uo uo!ss!wwo~ o} a;epdn }}egg 'W'd 00~ 4 nna!naa ueld i(.ieulwlla~d ~aPaO of Iles (~(oueoen aup) 'zanbselan fed 'aawo~{ ~(~ued '!~e~e~{ ydasop `e}}n8 ~(pa~{ a~auo!ss!wwo~ sa~ol~ ey!oa~ :a~odwal-ad uewney~ uew;set I!e~ :uew~!ey~ e!wo~!le~ 'w!ayeuy `p~ena!no8 w!ayeuy y~noS OOZ IIeH ~l!~ '~agwey~ I!auno~ 9002 5 L ~ ~puo~ ISS 1.1118 ~I Anaheim Planning Commission Agenda - 2:30 P.M. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim Planning Commission or public comments on agenda items with the exception of public hearing items. Consent Calendar: The items on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Planning Commission, staff or the public request the item to be discussed and/or removed from the Consent Calendar for separate action.. Resorts and Recommendations 1 A. (a) (b) (c) 1 B. (a) (d) No. CUP2006-05081) Agent: John Ward, Stonybrook, LLC, P.O. Box 4304, Carson, CA 90749 Location: 736 South Beach Boulevard and 2966 West Stonybrook Drive: Property is approximately 0.64-acre located at the southeast corner of Beach Boulevard and Stonybrook Drive. Request for a retroactive time extension for apreviously-approved 7-unit detached single-family residential condominium subdivision. Agent: Robert Lombardi, P.O. Box 270571, San Diego, CA 92198 Location: 500 North Brookhurst Street: Property is approximately 1.22 acres located at the northeast corner of Brookhurst Street and Alameda Avenue. Request to review final elevation plans for apreviously-approved commercial retail center with drive-through restaurant. Minutes 1C. Receiving and approving the Minutes from the Planning Commission Meeting of May 1, 2006. (Motion) Project Planner: (mnewland oQanaheim.net) Project Planner: (jnixonQanaheim.vet) H:\dots\clericallagendas\051506.doc (05/15/06) Page 2 Public Hearing Items: 2a. CEQA NEGATIVE DECLARATION (READVERTISED) (PREVIOUSLY-APPROVED- 2b. WAIVER OF CODE REQUIREMENT 2c. CONDITIONAL USE PERMIT NO. 2003-04685 (TRACKING NO. CUP2006-05078) 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 facility with waiver of minimum landscape setback. Continued from the May 15, 2006, Planning Commission meeting. Project Planner: Conditional Use Permit Resolution No. Qp2mirez@anaheim.net) 3a. CEQA NEGATIVE DECLARATION Request for 3b. WAIVER OF CODE REQUIREMENT continuance to 3c. CONDITIONAL USE PERMIT NO. 2006-05069 June 12, 2006 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 alive-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, April 17, and May 1, 2006, Planning Commission meetings. Conditional Use Permit Resolution No. Project Planner: (jnixen@ananeim.net) H:\docs\clerical\agendas\051506.doc (05115/06) Page 3 4a. CEQA NEGATIVE DECLARATION (READVERTISED) 4b. WAIVER OF CODE REQUIREMENT 4c. CONDITIONAL USE PERMIT NO. 2005.05060 4d. 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 167 feet on the east side of Westchester Drive (Maria's Pizzeria and Billiards). Conditional Use Permit No. 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, April 17, and May 1, 20D6, Planning Commission meetings. Conditional Use Permit Resolution No. 5a. CEQA CATEGORICAL EXEMPTION -CLASS 1 Sb. CONDITIONAL USE PERMIT NO. 2006-05070 Owner: Samuel Magid, Ball Euclid Plaza, LLC, P.O. Box 5272, Beverly Hills, CA 90210 Agent: John Dodson 1330 Olympic Boulevard, Santa Monica, CA 90404 Location: 1717-1723 West Ball Road: Property is approximately 7.3 acres and is located at the northwest corner of Ball Road and Euclid Street. Request to permit the division of a retail unit into three units and establish land use conformity for an existing commercial retail center. Continued from the April 3, 2006, Planning Commission meeting. Conditional Use Permit Resolution No. H:\d ocs\clerica I\a g e n d a s\051506. d oc Request for continuance to May 31, 2006 Project Planner: (kwonc2(alanaheim. neU Withdrawn Project Planner: (avazquezQanaheim.nel) (05115/06) Page 4 6a. 6b. Owner: Karl A. Bergstrom, 1662 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, and May 1, 20D6, Planning Commission meeting. Variance Resolution No. 7a. CEQA NEGATIVE DECLARATION 7b. CONDITIONAL USE PERMIT NO. 2006-05082 Owner: Southern California Edison Company, Attn: Robert Teran, 2131 Walnut Grove Avenue, Rosemead, CA 91770 Agent: John Koos, Core Communications, 1509 Allyson Court, Brea, CA 92821 Location: 1650 South Ninth Street: Property is approximately 2.52 acres, 'having a frontage of 175 feet on the east side of Ninth Street and is located 139 feet north of the centerline of Laster Avenue. Request to permit a telecommunications antenna on an existing SCE tower with accessory ground-mounted equipment. Conditional Use Permit Resolution No. H:\docs\cl erica I\age nd as\051506. d oc Pmjecf Planner: (dhenick@anaheim. net) Project Planner: (kwong2Qanaheim. net) (05/15106) Page 5 8a. CEQA NEGATIVE DECLARATION Sb. CONDITIONAL USE PERMIT NO. 2006-05086 Owner: Logan LTD Partnership, 4931 Birch Street, Newport Beach, CA 92660-2114 Agent: John Koos, Core Communications, 1509 Allyson Court, Brea, CA 92821 Location: 2278 East Via Burton Street: Property is approximately 1.11 acres and is located at the southwest corner of Via Burton Street and Placentia Avenue. Request to permit (co-locate) six additional antennas on an existing legal non-conforming telecommunications monopole facility and to establish an accessory ground-mounted equipment area. Project Planner: QpramirezQanaheim.vet) Conditional Use Permit Resolution No. 9a. CEQA NEGATIVE DECLARATION 9b. CONDITIONAL USE PERMIT NO. 2006-05087 Owner: EMS Real Estate Consortium, 30101 Town Center Drive, #201, Laguna Niguel, CA 92677 Agent: John Koos, Core Communications, 1509 Allyson Court, Brea, CA 92821 Location: 2711 East Coronado Street: Property is approximately 0.18-acre, having a frontage of 90 feet on the north side of Coronado Street and is located at the terminus of Coronado Street. Request to permit (co-locate) six additional antennas on an existing legal non-conforming telecommunications monopole facility and to establish an accessory ground-mounted equipment area. Project Planner: (jprami2zQa anaheim.nef) Conditional Use Permit Resolution No. H:\dots\clerical\agendas\051506.doc (05/15/06) Page 6 10a. CEQA NEGATIVE DECLARATION 10b. CONDITIONAL USE PERMfT NO. 2006-05085 Owner: Diocese of Orange, 2811 East Villa Real Drive, Orange, CA 92867-1932 Agent: John Koos, Core Communicatipns, 1509 Allyson Court, Brea, CA 92821 Location: 412 North Crescent Wav: Property is approximately 4.8 acres, having a frontage of 670 feet on the east side of Crescent Way and is located 400 feet north of the centerline of Penhall Way. Request to permit a telecommunications facility on an existing lattice tower with accessory ground-mounted equipment. project Ptanner (kwong2@anaheim. net) Conditional Use Permit Resolution No. 11 a. CEQA NEGATIVE DECLARATION 11b. WAIVER OF CODE REQUIREMENT 11 c. CONDITIONAL USE'PERMIT NO. 2006-05075 Owner: Diocese of Orange, 2811 East Villa Real Drive, Orange, CA 92863 Agent: HMC Architects, 2601 Main Street, Suite 100, Irvine, CA 92614 Location: 412 North Crescent WaY: Property is approximately 4.8 acres, having a frontage of 670 feet on the east side of Crescent Way and is located 400 feet north of the centerline of Penhall Way (St. Thomas Korean Catholic Church). Request to expand an existing church to construct a new 15,502 square foot church and to convert an existing 29,100 square foot building into meeting rooms, youth center and administrative offices with waiver of minimum number of parking spaces. Project Ptanner. (dherrick@anaheim.net) Conditional Use Permit Resolution No. H:\dots\clerical\agendas\051506:doc (05/15/06) Page 7 12a. CEQA NEGATIVE DECLARATION 12b. WAIVER OF CODE REQUIREMENT 12c. CONDITIONAL USE PERMfr NO. 2006-05083 Owner: Guillermo M. Aguirre, 415 North Sunkist Street, Anaheim, CA 92806 Agent: Rob Perez, Parsons, 19752 MacArthur 13culevard, Suite 240, Irvine, CA 92612 Location: 1920 East Center Street: Property is approximately 0.37- acre, having a frontage of approximately 114 feet on the south side of Center Street and is located approximately 345 feet west of the centerline of State College Boulevard. Request to permit a telecommunications antenna (disguised as a pine tree) with accessory ground-mounted equipment with waiver of maximum permitted fence height. Project Planner. (dherrick@anaheim. net) Conditional Use Permit Resolution No. Adjourn To Wednesday, May 31, 2006., at 12:00 P.M. for A Workshop on Affordable Housing and Preliminary Plan Review. H:\does\clerical\agendas\051506.doc (OS/15106) :Page 8 CERTIFICATIOM OF POSTING I hereby certify that a complete copy of this agenda was posted at: 4:00 p.m. May 11, 2006 (TIME) {DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND /C~OU/N~CIL~D/IS)PLAY KIOSK SIGNED: ~U-t%S-~C.J/ ~ t 1 / -~ 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\051506.doc (OSI15I05) Page 9 SCHEDULE 2006 _~ 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 II December 27 (Wed) II H:\dots\clerical\agendas\051506:doc (05/15/06) Page 10 Item No. 1-P wr~i 41 CUP 1097 VAR 2284 WEST ANAHEIM MEDICAL PLAZA cuP iosi VAR 2264 WEST ANAHEIM MEDICAL PLAZA r-----RCL 80431-OS- CUP 2102 ~I TOWNHOMES 21 I '4 C~ . i ~ RCL 64.85-31 CUP 2676 LI =I ~ ------_ C-G ftCL 62-83-Oe _ ___ CUP 2375 1 ~ I ARCADE RM-2 4 I RCL 82433-p7 ~ { RCL 74-7576 I I RCL 74-7576 I I C~ RCL 70-71-51 I I RCL 70-71-51 CUP 2354 1 I CUP 3926 CUP 1498 I - TOWNHOMES '--~ j C~ I C-0i RCL 78-79-43 -62 RCL 78-79-03 RCL 70-71-51 RCL 66417-02 lone (Res, of Intent __ ____. REST. CUP 2355 RCL 74-7536 CUP 1643 MOTEL CUP 1736 CUP 1547 F (n - } _ _ ~W K7p S w O Cam' CUP 1843 RCL 59410-60 MOTEL CUP 328p Y ~~ Y RCL60431-32 Y CUP 2003-04714 O ~ T-VAR 2005-04659 T-VAR 2003-04559 J ~ VAR 1229 ~ Q (CUP 2199 z (VAR 223a~ MOTEL) ~ C-G CUP 22 J W RCL 80431-01 VAR 231 ~ ~ RCL 71-72-35 MOTE L W C-G ~ ~ RCL 80-81-44 ~ CUP 2237 ECONO LODGE q MOTEL C-G RCL 68-89-30 SAHARA CUP 3110 MOTEL VAR 1055 Conditional Use Permit No. 2004-04831 TRACKING NO. CUP2006-05081 Tentative Tract Map No. 16650 TRACKING NO. SUB2006-00031 Requested By: JOHN WARD RM-4 c-~ RCL 61-62-61 CUP 2142 CUP 209 ~ VMOiEi2 APARTMENTS N K RS-2 DUE CH OME AVENUE 9th 02 N 1 -i 1 DU EACH \ ~ 8-28 -33 RM-4 736 South Beach Boulevard and 2966 West Stonybrook Drive a 10037 A I 4 B I A RM-2 T-TTM 2006-00031 TTM 16650 RCL 2004-00115 RM-4 RCL 70-71-17 RCL 59-50-112 VAR 2215 APARTMENTS 300 DU RM-4 RCL 66-69-50 VAR 2034 APARTMENTS RM-4 CUP 209 APARTMENTS 56 DU RM-2 T-TTM 2006-00031 TTM 16660 RCL 2004-00115 RCL 90-91-31 (Res. o(Mt. to CL1 T ~ BADEN-POWELL ELEMENTARY SCHOOL CUP 379 C-G GPA 2004-00417 RCL 66-67-15 VACANT .SMALL SHOPS ~ L- -STD ~-- 241 ' W J - ';; ~ °o m Q RCL P 1-02 u-I CUP 2142 (Y1 T-VAR 2002-04546 VAR 4322 MOTEL Q; 0 R 2 0 2- VA v~ 04529 o il R J¢ V X41 ~W' ~a9 O ® \ O ; W ~ RM_~ 2 RCL RCL 56.57 F - I U 3 RMa RCL 61413-36 RCL 56-57-33 CUP 314 DU - Subject Property Date: May 15, 2006 Scale: 1" = 200' O.S. No. 14 City of Anaheim I~LANNIIVG I3EPAI2'TiVVtEIVT May 15, 2006 , Stonybrook, LLC - John Ward P.O. Box 4304 Carson, CA 90749 Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of May 15, 2006. 1. REPORTS AND'RECOMMENDATIONS: 1A. (a) CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPRO~ (b) CONDITIONAL USE PERMIT NO. 2004-04831 (TRACKING NO. CUP2006-05081): (c) TENTATIVE TRACT MAP NO. 16650 (Tracking No. SU.B2006-00031) Agent: John Ward, Stonybrook LLC, P.O. Box 4304, Carson, CA 90749 Location: 736 South Beach Boulevard and 2966 West Stonybrook Drive Property v+ww,anaheim.nel is approximately 0.64 acres and is located at the southeast corner of Beach Boulevard and Stonybrook Drive. Request for a retroactive time extension for apreviously-approved 7-unit detached single- family residential condominium subdivision. ACTION: Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission has reviewed the request for a retroactive time extension for apreviously-approved 7-unit detached single-family residential condominium subdivision and does hereby determine that the previously-approved Negative Declaration serves as adequate environmental documentation for this request for retroactive time extension. Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission has approved the request for aone-year retroactive extension of time (to expire on April 5, 2007) for Conditional Use Permit No. 2004- 04831 based on the following: (i) That this is the second request for an extension of time and would not extend the entitlement beyond the two extensions authorized by the Code. (ii) That no additional information or changed circumstances are present which would contradict the facts used to support the required findings for approval of this Conditional Use Permit. {iii) That the property is being maintained in a safe, clean and aesthetically pleasing condition with no unremediated code violations on the property, as confirmed by an inspection of the subject property by the Community Preservation Division. 200 South Anaheim Boulevard P.0. Box 3222 Anaheim, Calilornia 92803 TEL (714) 765-5139 (iv) That although the project was approved prior to the comprehensive zoning code -- - - update, the ordinance approving the General Plan and Zoning Cade Update exempts projects approved prior to June 8, 2004, from the new zoning code provisions provided a time extension is granted by the approval authority. Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission has approved the request for a one (1) year extension of time fpr Tentative Tract Map No. 16650 (to expire on April 5, 2007) based on the following: (i) That the request was filed prior to the expiration of the approved or conditionally approved tentative map. (ii) That the request for the extension is for 12 months, and would result in the tentative map approval of not more than three years. (iii) That no modification of the tentative parcel map is included in this request. Sincerely, Eleanor Morris, Senior Secretary Anaheim Planning Commission CUP2004-04831 Excerpt ~Stonybrook 3/13/2006 Ms. Elaine Theinprasiddhi City of Anaheim Planning Department Re: 736 Beach Blvd - TTM #16650 I/ill~s LLC Attachment - R8R 1-A Please accept this letter as our formal request for an extension on the completion of the conditions set forth on the approval of the above referenced Tentative Tract Map. We were in the process of obtaining our construction financing when we were offered an offer to purchase the project that was too good to decline. At this time, our buyer is malting final arrangements to close their escrow. After that, it is my understanding that they have financing in place to pay the fees due and record the Final Map. you in advance for y~,ur consideration with this matter. Villas LLC P. O. Box 4304 Carson Ca 90749 Ph (3101874-3311 Fax (3'/OJ SZZ-9964 7w019 CllP N0.2004 - 0 4 8 31 Item No. 1 T BROOKHURST JUNIOR HIGH SCHOOL C-G RCL 98-99-11 RCL 72.73-0 T-VAR 4408 VAR 4389 VAR 2403 ADJ 0176 OFFICE BLDG. E- K W W O o ® ® ~ ~ ~ (~ CO U~ ~ p RCL 48-9941 ~. Q ~ RCL 72-73-B ~ O a VAR 2403 ~ o ~ F- ADJ 0080 W 2 PROFESSIONAL ~ m ~~ OFFICES = p° O J =Q ~/ LL a i„ m N RCL 98-99-11 IL RCL 63-64-114 3 (Res of Intent to RM-T RCL 644'sS-BB CUP Sfi1 VAR 1684 PROFESSIONAL OFFICES IiKHMtK(:Y HVtNUE RCL 9399-14 RCL 98-99-14 RCL 9&99-11 RCL 98-99-11 RCL fiG6]-14 RCL 60.65-03 RCL 89-90-34 C-G CUP 2001-04406 RCL 88-89-33 rLUP ZOao-o423e COMMERCIAL T-cu~ z avoz 4zz9 SHOPPING CENTER u P B T-CUP 2000-04238 T-CUP 2000-04229 CUP 4128 VAR 4115 C-G VAR 4013 VAR 3894 aM-~ o. F o•c. RM-4 RCL 89-90-34 T RM-4 RCL 98-99-11 FIRE STATION VACANT VAR 4115 N0.2 CRESCENT AVENUE WESTANAHEIMCOMMERC/ALCO REDEVELOPMENT PROJEC u ~ RCL 9b99-11 RCL 9&9311 RCL ]2-]3-03 .RCL ]2-]3-03 CUP 2906 CUP 1594 5.5, 8 VAR 3190 FOOD MART PC 2004-0003 H W W CG RCL 98-99-11 ~ RM-0 RCL 72-73-03 to RCL 69-70AB CUP 2004-04858 } CUP 1225 VAR 2616 CUP 1594 W VAR 2717 S OFFICE BLDG. J TARA HILL APARTMENTS j 368 OU 0 m 240'-®{ 19]25 CUP 2480 CUP 396 APARTMEMS 4 DU EACH 193Y5~ I I I BROWNWOODAVE Conditional Use Permit No. 2006-05071 TRACKING NO. CUP2006-05100 Requested By: ROBERT LOMBARDI 500 North Brookhurst Street 10059 N } W J } W Q 0 B c ~ ~~ Subject Property Date: May 15, 2006 Scale: 1" = 200' Q.S. No. 39 City of Anaheim hLANNONG ®EPARTMENT May 15, 2006 Robert Lombardi P.O. Box 270571 San Diego, CA 92198 Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of May 15, 2006. REPORTS AND RECOMMENDATIONS: 1 B. (a) (b) NO. CUP2006-05100) Agent: Robert Lombardi, P.O. Box 270571, San Diego, CA 92198 Location: 500 North Brookhurst Street: Property is approximately 1.22 acres located at the northeast corner of Brookhurst Street and Alameda Avenue, having frontages of 180 feet on the east side of Brookhurst Street, 240 feet on the north side of Alameda Avenue, and 180 feet on the westside of Valley Street (500 North Brookhurst Street). ,v+nv.anaheim. nel Request to review final elevation plans for apreviously-approved commercial retail center with drive-through restaurant. ACTION: Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission has reviewed the proposal to review final elevation plans for apreviously-approved commercial retail center with drive- through restaurant and does hereby determine that the previously-approved Negative Declaration serves as adequate environmental documentation for this request. Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission has reviewed the request to review final elevation plans for apreviously-approved commercial retail center with drive-through restaurant, and does hereby aoprove the elevation plans for apreviously-approved commercial retail center with adrive-through restaurant based on Commission's concurrence with staff that the final plans are architecturally enhanced to provide a quality commercial retail center that is compatible with the existing neighborhood. Sincerely, Eleanor Morris, Senior Secretary Anaheim Planning Commission CUP2006-05071_Excerpt 200 South Anaheim Boulevard E0. Box 3222 Anaheim, Calilornia 92803 TEL (714)765-5139 Attachment -!R8R 1-B RESOLUTION NO. PC2006-34 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT. NO. 2006-05071 BE GRANTED (500 NORTH BROOKHURST 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: PARCEL 3, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 85 PAGES 4 AND 5 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 April 17 2006 at 2:30 p:m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS., said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use, to permit a commercial retail center, is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.08.030.040.0402. (a) SECTION NO. 18.44.080.060 Permitted number of tenants on a monument Sion: (Deleted) (b) SECTION NOS. 18.08.070 AND Minimum number of parking spaces' 18.42.040.010 (71 required; 63 proposed and recommended by the City's Independent Parking and Traffic Consultant) 2. That the above-mentioned waiver (a) has been deleted since the plans have been revised. 3. That the above-mentioned waiver (b) pertaining to the minimum number of parking spaces is hereby granted based on the parking analysis prepared by the City's independent parking and traffic consultant and the finding that the project would provide a total pf 63 parking spaces. As a result, the project will provide adequate off-street parking to accommodate all vehicles attributable to the project under normal operation. 4. That as demonstrated in this parking analysis, the project will provide adequate parking on- site to accommodate parking demand under normal operation. On-street parking is not anticipated for this use. 5. That the waiver, under the conditions imposed, if any, will not increase the demand for parking spaces upon adjacent private property in the immediate vicinity of the proposed use because the project will provide adequate parking on the project site to accommodate its parking generation. No demand for parking on adjacent private property is forecasted. 6. That the waiver, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for such use because the design and layout of parking considers good traffic flow and minimizes the need to circulate to find parking. The retail use and the drive-through Cr\PC2006-34 -1- PC2006-34 coffee-shop/restaurant will provide adequate parking on site. Therefore, traffic congestion is not anticipated, __ with implementation of the project. 7. That the waiver, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use because the project is proposing to provide vehicular access to the site along Brookhurst Street, Alameda Avenue and Valley Street. The locations of the proposed driveways will not impede vehicular ingress to or egress from adjacent properties. Furthermore, it has been established previously that a sufficient supply of off-street parking will be provided to meet the forecasted parking demand. Therefore, no stacking onto the public street or blocking adjacent driveways would be expected to occur. 8. That the proposed coffee shop restaurant and commercial retail building as conditioned herein would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located... 9: 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 to the health and safety. 10. That the traffic generated by the use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the design of the coffee shop and commercial retail center provide adequate access from Brookhurst Street, Alameda Avenue, and Valley Street. 11. That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide an additional outlet for the purchase of goods and services. 12. That the proposed commercial retail center would be an appropriate use of this C-G zoned property in a mid block location due to its compatibility with the adjacent commercial uses to the north and accessibility from three public streets. 13. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal to permit a new commercial retail center with adrive-through restaurant with waiver of minimum number of parking spaces 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 safety and general welfare of the Citizens of the City of Anaheim: 1. That no convenience markets and/or retail sales of alcoholic beverages shall be permitted unless a separate conditional use permit is approved by the Planning Commission. 2. That no video, electronic or other amusement devices shall be permitted on the premises. 3. That all public phones shall be located inside the building. -2- PC2006-34 4. 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. Sold lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the window areas of the adjacent residential properties. Light fixtures shall be a maximum of 12-feet in height. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval. 5. That all trash generated from this coffee shop restaurant and commercial retail center shall be properly contained in trash bins located within approved trash enclosures. 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. The Community Preservation Division of the Planning Department shall determine the need for additional bins or additional pick-up. All costs for increasing the number of bins or frequency of pick-up shall be paid by the business owner. 6. 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. 7. That no roof-mounted balloons or other inflatable devices shall be permitted on the property.: 8. That no outdoor vending machines shall be permitted on the property.: 9. 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 building permits. 10. Thaf there shall be no outdbor storage permitted on the premises. 11. That roof-mounted equipment shall be screened from view in accordance with the requirements of Anaheim Municipal Code Section 18.38.170 pertaining fo the C-G (General Commercial) Zone. Said information shall be specifically shown on plans submitted for building permits. 12. 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 gtafriti within twenty four (24) hours from time of occurrence. 13. That the number of tenant spaces for this commercial retail center shall be limited to eight (8), including the drive-through restaurant. Said information shall be specifically shown on plans submitted for building permits. 14. That the design, size, and placement of'the wall signage and monument signage shall be limited to thaEwhich is shown on the exhibits submitted by the applicant and approved by the Planning Commission. Final sign plans shall be submitted to the Planning Services Division for review and approval as tb placement, design and materials. Any decision by staff maybe appealed to the Planning Commission as a "Reports and Recommendations" item. 15. That all new backflow equipment shall be located above grouhd and outside of the street setback area in a manner fullyscreened from all public streets. Any backflowassemblies currehtlyinstalled in a vault shall bebrought up td 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 settiack area in a manner fully screened from all public streets and alleys: Said information shall be specifically shown on plans and approved by the Water Engineering Department. -3- PC2006-34 16. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonment's of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. 17. That since this project has a landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed in compliance with Chapter 10.19 of the Anaheim Municipal Code. Said.infor'mation shall be specifically shown on plans submitted far building permits. 18. That all existing water services and fire lines shall conform to current Water Service Standards Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if continued use if necessary or abandoned if the existing water service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service of fire line. 19. That prior to the issuance of a grading permit, the applicant shall submit to the Public Works Department, Development Services Division for review and approval a Water Quality Management Plan that: • Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. • Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan. • Incorporates Treatment Control BMPs as defined in DAMP. • Describes the long-term operation and maintenance requirements for the Treatment Control BMPs. • Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMPs, and describes the mechanism for funding the long-term operation and maintenance of the Treatment Control BMPs, 20. That prior to issuance of a certificate of occupancy, the applicant shalli • Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. • Demonstrate that the applicant is prepared td implement all non-structural BMPs described in the Project WQMP • Demonstrate that an adequate number of copies of the approved Projects WQMP are available onsite. • Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. 21. That gates shall not be installed across any driveway or private street in a manner which may adversely affect vehicular traffic in the adjacent public street. installation of any gates shall conform to Engineering Standard Plan Nd. 609 and shall be subject to the review and approval by the Planning Services Division.: Said information shall be specifically shown on plans submitted for building permits. 22. That the locations for future above-ground utility devices including; but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on plans submitted for building permits. Plans shall also identify the specific screening treatments of each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.). 23. That any required relocation of City electrical facilities sfiall be at the developer's expense. 24. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. -4- PC2006-34 25. That plans shall be submitted to the Traffic and Transportation. manager for his review and approval showing conformance with Engineering Standard No. 115 pertaining to sight distance visibility for the monument sign and wall/fence location. 26. That plans shall be submitted to the Planning Services Division for review and .approval in conformance with the current version of Engineering Standard Plan Nos. 436, and 470 pertaining to parking standards and driveway location. Subject property shall thereupon be developed and maintained in conformance with said plans.. 27. That the drive-through lane shall be designed to meet the radius standards (minimum 16 feet interior and 26 feet outer radius). Said information shall be specifically shown on plans submitted for building permits. 28. That an on-site trash truck turn around area be provided per Engineering Standard Detail No. 476 and as required by the Maintenance Divisions. Said information shall be specifically shown on plans submitted for building permits. 29. That a plan sheet for solid waste storage, collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division for review and approval. 30. 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 sc as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one-gallon size clinging vines planted on maximum three-foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits... 31. That the project shall provide for truck deliveries on-site. Such information shall be specifically shown on plans submitted for building permits. 32. That an Emergency Listing Card, Form ADP-281 shall be completed and submitted in a completed.. form to the Anaheim Po{ipe Department 33. That final elevation plans shall be submitted to the Planning Services Division for review by the Planning Commission as a "Reports and Recommendations" item. Said plans shall be designed to preclude the visibility of Interior storage for the individual tenants from Brookhurst Street. 34. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened by architectural devices and/or appropriate building materials. Said information shall be specifically shown on the plans submitted for building permits. 35. That a final landscape plan shall be submitted to the Planning Services Division for review and approval. Said plans depict a layered landscape design and shall specify minimum 24-inch bbz sized trees, clinging vines along all perimeter block walls and a minimum four (4) foot wide square (excluding curb) landscaped area shall be provided at the front end of every five (5) parking spaces. One tree shall be provided in each planter. Any decision by staff may be appealed to the Planning Commission as a "Reports and Recommendations" item. 36. That the subject property shall be developed substantially in accordance with the plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department Exhibit Nos. 1 through 12, and as conditioned herein. -5- PC2006-34 37. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 4, 5, 9, 11, 14, 15, 17, 21, 25, 26, 27, 28, 29, 30, 31, 33, 34 and 35 above mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.60.170 of the Anaheim Municipal-Code. 38. That prior to issuance of a grading permit, or within a period of one (1) year from the date. of this resolution, whichever occurs first, Condition No. 19 shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 39. That prior to final building and zoning inspections, Condition Nos. 20; 32 and 36, above mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Cade. 40. 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 ether applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement: BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits far 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 April 17, 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 fn the event of an appeal. (ORIGINAL SIGNED BY GAIL EASTMAN) CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: (ORIGINAL SIGNED BY MARIE WITKAY) SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -6- PC2006-34 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Marie Witkay, 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 April 17, 2006, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, KARAKI, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: FLORES, VELASOUEZ VACANT: COMMISSIONERS: ONE VACANCY IN WITNESS WHEREOF, I have hereunto set my hand this day of 2006. (ORIGINAL SIGNED BY MARIE WITKAY) SENIOR SECRETARY. ANAHEIM PLANNING COMMISSION 7- PC2006-34 IYU. RM-2 RCL 78.790 VAR 3098 VAR 906 S CONDOS 44 DU /--'----'--' j r--------- I I I I RM-4 I ) RCL 66-67-25 _J APARTMENTS -------- 21 DU RM-0 VIVA ADULT LIVING RM-4 \ RCL 66-67-59 - VAR 2013 BAYLOR CIRCLE VAR 1671 IVA ADULT LIVING 124 DU RM-0 VIVA ADULT LIVING 606' RS- 1 UE CH ' GRAMERCY AVE GLENCREST AVE x .U ~ ~ RS-2 ~ p 1 DU EACH .^ F O U Q 2 C RESCENT AVE e- zzz ~ -~ NUE ~.~ c-G L!1 - RCL 64-65-03 ~ v~ RCL 59.60-107 F `t T-CUP 2006-05078 m W ;.' ~, CUP 2003-04665 P- ~ ~- ,~,' CUP 1254 Q VAR 2411 O (RCL 59-60-27) ~ Q (RCL 50-59-117) _ J (RCL 56-5963) (CUP 671) z (VAR 2032 S) ~ VACANT RS-2 _ Q VAR 974 ~ C-G ri 1 DU EACH - RCL 634-23 ~ RCL 59-60-107 ~ : CUP 3323 p CUP 2302 z CUP 2234 = CUP 2229 CUP 1254 CUP 688 VAR 2411 RS-2 MAGNOLIA CL 62-63-60 CRESCENT CUP 377 SHOPPING VAR 1632 CENTER VAR 1596 1 DU EACH Conditional Use Permit No. 2003-04685 TRACKING NO. CUP2006-05078 Requested By: CARLO JOHN LUGARO TRUST 590 North Magnolia Street taoas ' ' ~; Subject Property Date: May 15, 2006 Scate: 1" = 200' Q.S. No. 26 Dale of Aerial Photo: Julv 2005 Conditional Use Permit No. 2003-04685 TRACKING NO. CUP2006-05078 Requested By: CARLO JOHN t:UGARO TRUST Subject Property Date: May 15, 2006 Scale: 1" = 200' Q.S. No. 26 590 North Magnolia Street 10046 Staff Report to the Planning Commission May 15, 2006 Item No. 2 2a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) (READVERTISED) (Motion) 2b. WAIVER OF CODE REQUIREMENT (Motion) 2c. CONDITIONAL USE PERMIT NO. 2003-04685. ' (Resolution). (Tracking No. CUP2006-05078) SITE LOCATION AND DESCRIPTION: (1) This rectangularly-shaped 0.80-acre property is located at the southeast corner 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 restauranFahd 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 with waiver of the following: SECTION NOS: 18.08.060.010 Minimum landscape setback (15 foot wide landscape setback required along Magnolia Avenue; 10=19 feet proposed) BACKGROUND: (3) 'This property is vacant and is zoned C-G (General Commercial). The Anaheim General Plan designates this. propetty antl property to the south for Corridor Residential land uses. Properties to the north and east are designated for Low Density. Residential IandLses and: properties to the west (across Magnolia Avenue) are designated for Medium Density. Residential land uses::' (4) This item was continued from the May T, 2006, Commission meeting, in order to complete revisions to the plans and allow staff time to advertise a waiver for minimum landscaped setback. PREVIOUS ZONING ACTIONS: (5) Conditiona(Use Permit No. 2003-04685 (to construcFan automobile car wash facility with an accessory fast food restaurant and accessory retail sales) was approved by the :Planning Commission on May 19, 2003. Resolution No. PC2003-93 adopted in connection with Conditidnal Use Permit No. 2003-04685 included the following condition`.: "38. That the subject shall be developed substantially in accordance with plans and specifications submitted to the. City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 6, and as conditioned herein:' Sr-cup2003-04685jpr_sr~c051506 : Page 1 code cod® Dfrectlon Required/Proposed Required/Proposed (Buildin :Setback Landsca a Setback i North (adjacent to 15 feeU15 feet 15 feeU15-19 feet Crescent) South 0 feel /31 feet 0 feeU 3 feet East 51 feet'/ 84 feet b feeUO feet West (adjacent to 15 feeU34 feet 9 inches 15 feeW 0-19 feet Magnolia) , (Requested waiver) ', 'Setback for structures within 150 feet of a residential zone boundary Page 2 Staff Report to the Planning Commission May 15, 2006 Item No. 2 The site plan indicates the proposed car wash building. would. belocated at the north side of the property adjacent to Crescent Avenue. A service kiosk would be located south'ahd east of the car wash tunnePi Along the southerlyportion of the property, an open canopy would be constructed for fourteen (14) vehicle cleaninglvacuuming stations for customers. ' (6) Vehicular access to the site woultl be via one (1) driveway from Crescent and Magnolia Avenues, respectively. The revised site plan indicates a total oE5 parking spaces available.: for employee parking based on b.9 spaces per employee per the originally approved facility. (5 employees x 0.9 spaces = 4.5 spaces). As noted above, 14 vehicle cleaning stationsare also provided on-site for customer use; however, these spaces'are not counted or required 'for on-site parking demand. (9) The floor plans (Revision 1 of Exhibit No. 2) indicate the carwash building would have men's and women's restrooms, storage and equipment areas and an approximately 2,500 square foot carwash tunnel: The attendant kiosk would be used for customers to pay prior to entering the tunnel. (10) The elevation plans and color renderings (Revision No. 1 of Exhibit Nos. 3('4, 5, and Exhibif Nos. 6 through 9) of the carwash'indicate a 15 to 27 foot high, single-storybuilding containing;slate, stucco, corrugated and smooth metal finishes on the exterior elevations of the building. EacRof the elevations would contaih off-white (Sherwin Williams) stucco columns to frame the carwash tunnel structure and contain slate file (China Sea Green) along the base of the building.'' The east antl west (facing Magnolia Avenue) elevations include an overhead rolling steel door (painted to match the stucco). A corrugated metal pahel system (painted Dunn Edwards "Beautiful Blue") would encase the Yemainder of the elevation, and small metal canopies would cover the entrahce/exit into the carwash tunnel (painted Sherwin Williams "Yellow Corn"). ;:The: south elevation (facing the interior of the lot) would contain the dorrugated metal panel system (painted Dunn Edwards "Beautiful Blue"); with stucco and slate materials to accent this elevation: Atop the equipment room, an architectural feature is proposed to provide an added visual interest to the building and soften the linear shape of the building as viewed from northbound vehicular traffic along Magnolia Avenue. This elemeht would be a fin or wave like structure oonstNcted of a smooth metal panel system paihted Dunn Edwards "Beautiful Blue" and Sherwin Williams "Tropicana", to highlight the weve-like elements. This elevation would also contain a small glass window (for the office) and utility entrances intothe equipment and storage rooms (painted either Sherwin Williams "Tropicana" or "Off white" colors). The north elevation (facing Crescent Avenue would contain aluminum framed glass windows for visibility into the tuhnel washing area,as wellas a painted corrugated metal panel systemand decorative metal screen (both painted Sherwin Williams'"Tropicana"): The decorative metal screen (as seen in elevation and profile view below) would be affixed to the corrugated metal paneling and provide added visual interest to the elevation. Staff observed that the'unique use of architectural features in this building design' in not consistent with'the surrpunding retail or residential buildings, which were built in the 1960s. Page 3 i ~~-i Painted metal screen attached to wall; Staff Report to the Planning Commission May 15, 2006 Item No. 2 (11) The elevation plans further indicate that the kiosk building would consist of smooth metal roof painted Sherwin Williams "Yellow Corn" and arcexterior metal corrugated siding (painted Dunn Edwards."Beautiful Blue"); Likewise, the vacuumldrying area canopy would have metal support posts painted Sherwin Williams "Off white" with a fabric canopy to match Sherwin Williams "Yellow Corn:' (12) No sighage was proposed as part of this request. Code allows the total aggregate area of wall signs(s), including the area of awning signs orsimilar signs affixed to the building elevation, to be a maximum of ten percent (10%) of the area of the face of the building to which such sign(s) are attached or two hundred (200psquare feet; whichever isles. Signs on the inside of windows of commercial buildings are allowed; provided' all such permanent and temporary signs obscure no more than ten percent (10%) of the total window area Staff has included a condition of approval requiring that a comprehensive sighprogram be submitted to staff forYSView and approval prior to issuance of building permits associated. with this Pequest. (13) No roof plans were submitted with this request. The floor plan (Revision No: 1 of Exhibit No. 2); indicates askylighfabove the carwash tunnel:. Code requires roof-mounted mechanical equipment td be screened from view in any direction (360 degrees) from any. public right-of-way; public property or any. adjacentproperty as may be seen from a point six (6) feet abdve ground level oh such adjacent property; public property, or sidewalk on the opposite side of the street. Code further requires that screening of equipment be an integral part of the building design such that the screening method and materials are hot recdgnizable asa screening device ahd thafthe materials are acceptable;permanent building materials, the same as or similar to thosevsed in the construction bf the uhderlying building. Staff has included a condition of approval Yequiring that all roof and ground mounted equipment comply with the provisions indicated above; (14) The landscape plan (Exhibit No. 10) reflects a 15-19-foot wide landscape setback area along Crescent Avenue and a 10-19 foot landscape setback area along Magnolia Avenue. Plans propose five (5) trees along Magnolia Avenue and nine: (9) trees along Crescent Avenue, as wep as associated shrubbery and ground cover. Code requires one tree for every 20 lineal feet of street frontage (7 trees on Magnolia Avenue, and 11?trees on Crescent Avenue). A 5-foot wide planter area is proposed along the interior drive aisle extending southerly from Crescent Avenue`: This planter area contains two; 6-foot high masonry block walls that would provide a visual and sound attenuating barrier for the site. A 3-foot wide planter area is proposed along the south property ine with assorted shrubs and grountl cover and: a 3-8-foot high block wall. A small 2-foot wide planter area planted with low shrubs is proposed along a portion of the building facing Magnolia Avenue. With the exception of the requested waiver of landscape setback along Magnolia Avenue and the number of trees within the setback areas (of which the applicant is aware and willing to comply with Code as conditioned), the proposed landscaping complies with Code. (15) The applicant has indicated that the carwash would operate with 3-4 attendants on a regular basis, with a maximum of five at any one time. The'facility would be open daily from 7 a.m. ' to 7 p.m. The car wash operation would involve customers driving up to he kiosk attendant for payment, then driving their own vehicle into the tunnel and stayingwithin the vehicle during the washing and: drying cycle. Upon exiting the tunnel when the washing and drying cycles are complete, the customer has the option to park within one of the vacuuming stations and clean the interior of their vehicle under the fabric shade canopy: At ', no time would the attendants enter or operate customer vehicles on-site. Site maintenance and operation would be conducted by the attendants: Attendants would be available to assisUinstruct customers on the use of the facilities; maintain the property, and in the event. Page 5 Staff Report to the Planning Commission May 15. 2006..:.. Item No. 2 of a maintenance. issue or if there is a large influx of vehicles, cdntrof the flow of customer traffic to ensure smooth and safe operation: The applicant has irtdicated that the intent of this facility is tb provide the luxury of washing vehicles with full service carwash equipment, but with the convenience of driving through and paying a lesser price. ENVIRONMENTAL IMPACT ANALYSIS: (16) Staff has reviewed the proposal to modify exhibits and amend or delete conditions of apprdval omodify apreviously-approved. autdmobile car wash facility with accessory fast. food restaurant and accessory retaLsales, topermif a self serve car wash facility with. waiver of minimum landscape setback; and does hereby find that the Negative Declaration. previously approved in connection with the previously-approved automobile car wash facility with. accessory fast fdod restauranfand accessory retail sales, inadequate td serve as the. required' environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and thaFit 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 haven significanteffect on the environment. EVALUATION: (17) Automobile washing facilities are permitted in the. C''-G zone subject to the approvalof a = conddional use permd. Staff Report to the Planning Commission May 15, 2006 Item No. 2 ', car wash on-site and recommends approval of the request as conditioned; with the associated waiver ,FINDINGS: ' (20) < When practical difficulties orUnnecessary hardships result from strict enforcement of the Zoning Code, a modificationmay tie granted for thepurpdse of assuring that no property, because of special ctrcumstances'applicable to it; shall tie deprived ofprivileges commonly enjoyed by other properties in the same vicinity and zone.' The sole purpose of any waiver is to prevenfdiscrimination and none shall tie apprdved which would have the effect of granting: a special privilege not shared by other similar properties. Therefore; before any - waiver is granted by the Commission; itshall be shown: (a) `That there are special circumstances applicable td the property such as size, shape; topdgraphy, location br surroundings; which do not apply tb other identically zoned properties in the vicinity; and (b) Thafstrict application'of the Zoning Code deprives the property of privileges. enjdyed byotherprdpertiesunder identidal zoningblassification in thebicinity. (21) Before the Commission grants any major modification to a 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 modification of use is properly one for which a conditional use permit is authorized by the Zoning Code; dr is an unlisted use as defined'n Subsection .030 {Unlisted Uses Permitted) of Section 18.66.040 (Approval Authority); (b) That the modification will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located; (c) That the size and shape of the site for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health'and safety;: (d) That the traffic generated by the modified 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`modificatidns under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Ahaheim. (22) 'Before the Commission grants any conditional use permit, if must make a finding of fact that the evidence presented shows that all of the following conditions exist: (a) That the use'is properly one for which a cohditional use permit is authorized by the Zoning Code; or is an unlisted use as defined in Subsection x030 (Unlisted Uses Permitted) of Section 18.66.040 (Apprdval Authority);' (b) That the use will not adversely affect the adjoining land usesor the growth and development of the area in whicF it is proposed tobe located; Page 8 Staff Report to the Planning Commission May 15, 2006 Item No. 2 ', (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 particulararea or to the health and safety; ', (d) That the traffic generated by the use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and (e) That the granting of the conditional use permit under the conditions imposed, if any,. will not be detrimental to the health and safety of the citizens of the City of Anaheim. RECOMMENDATION: (23) Staff recommends that, unless additional or contrary information is received during the meeting, and based upon the evidence submitted to the Commission, including the evidence presented in this staff report; .and oral and written evidence presented at the public hearing, the Commission take the following actions: I {a) By motion, determine the previously-approved Negative Declaration is adequate to serve as the required ehvironmental documentation in connection with this request. (b) By motion, approve waiver (a) pertaining to the minimum landscaped seffiack adjacent to an arterial based on the findings set forth in paragraph 18bf this report. (c) By resolution, approve an amendment to Conditional Use Permit No. 2003-04685 to modify exhibits and amend or delete conditions of apprpval to modify a previously- approved automobile car wash facility with accessory fast food restaurant and accessory retail sales, to permit a self serve car wash facility by adopting the attached resolution including the findings and conditions contained therein. Page 9 [DRAFT] RESOLUTION NO. PC2006--"' A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION AMENDING RESOLUTION NO. PC2003-073, ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 2003-04685. (590 NORTH MAGNOLIA AVENUE) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditidnal Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 1: THE NORTH 195.00 FEET OF THE WESTERLY 200.00 FEET OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 4 SOUTH, RANGE 10 WEST,. IN THE RANCHO LOS. COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID SECTION IS SHOWN ON A MAP RECORDED. IN BOOK 51, PAGE 10, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 2: THE NORTH 195.00 FEET OF THE WESTERLY 275.53 FEET OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP. 4 SOUTH, RANGE 10 WEST, SAN BERNADINO BASE AND MEREDIAN, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE O'F CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 49, PAGE 50, RECORDS OF SURVEY IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY... EXCEPTING THEREFROM THE WESTERLY 200 FEET THEREOF WHEREAS, on May 19, 2003, the Planning Commission approved Conditional Use Permit No. 2003-04685 (to construct an automobile car wash facility with an accessory fast food restaurant and accessory retail sales) and adopted Resolution No. PC2003-93 in connection therewith; and WHEREAS the applicant has requested to amend said conditional use permit including the exhibits and conditions associated therewith in order to construct a self serve car wash facility without the previously-approved fast food: use and accessory retail. area; and , WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 15, 2006 at 2:30 p.m., notice of said public hearing having been duly given as required bylaw 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 that said public hearing was continued frpm the May 1, 2006 Planning Commission,meeting; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and .after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: L That the proposal 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 is properly one for which a conditional use permit is authorized under the authority of Code Sections 18.08.030:040.0402 and 18.60.190.030 with waiver of the following: Cr\PC2006-0 -1- PC2006- SECTION NOS. 18.08.060.010 Minimum landscape setback 15 foot wide setback required along Magnolia Avenue; 10- 19 feet proposed) 2. That the above-mentioned waiver is hereby approved since there are special circumstances applicable to the property in that the project site is located on two separate legal parcels, thereby limiting the ability to move proposed structures, which does not apply to other identically zoned properties, in the vicinity, and that strict application of the Zoning Code deprives the property of privileges enjoyed by other properties under identical zoning classification in the vicinity as the property immediately to the south has identical zoning classification and has no landscaped setback aldng Magnolia Avenue. 3. That the use and modifications will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located as the site can accommodate the proposed use; 4. That the granting bf the conditional use permit and modifications under the conditions imposed, will not be detrimental to the health and safety of the citizens bf the City of Anaheim because except for the one requested waiver which can be justified; all aspects of the project complies with code. 5. That the traffic generated by the modified use will not impose an undue burden upon the streets and highways designed and improved td carry the traffic' ih the area because code required parking is provided on-site and the modifications are not anticipated to generate eny additional traffic beyond what was previously-approved: 6. That "` indicated their presence at said public hearing in opposition; and that rio correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal to modify exhibits and amend or delete conditions of approval to permit a self serve car wash facility witfi waiver of minimum landscape setback; and does hereby find that the Negative Declaration previously approved in connection with the previously-approved automobile car wash facility with accessory fast food restauraht and accessory retail sales, is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the 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 nb substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commissidn does hereby grant subject Petition for Conditional Use Permit, amending Conditional Use Permit No. 2003-04fi85, and incorporating the conditions of apprdval dontained in Resolution No. PC2003-73 into a new resolution with 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 any public telephones proposed on-site shall be located inside the convenience market and/or fast food restaurant. 2. That no storage, display or sales of any merchandise or fixtures shall be permitted outside the building 3: That the hours of bperatioh bf the carwash facility shall be from 7 a.m. to 7 p.m:, daily. 4. That the vacuum and dryer equipment shall be entirely enclosed in the equipment room and that the doors to the equipment room shall be solid core construction and equipped with self-closing devices. Said information shall be specifically shown on the plans submitted for building permits. -2- PC2006- 5. That no public address and/or paging systems shall be used which are audible to adjacent residential properties. 6. That any parking lot or security lighting shall be decorative, low intensity, and directed away from .adjacent residential properties. Said information shall be specifically shown on the plans submitted for building permits. 7. That no banners or other advertising visible to adjacent streets shall be displayed unless special events permits are first obtained. 8. .That all air conditioning facilities and other roof and ground mounted equipment shall be properly shielded from view and sound buffered from adjacent residential properties. Said information shall be specifically shown on the plans submitted for building permits. 9. That sound pressure level field measurements of the carwash shall be taken on site prior to commencing operation of the carwash to ensure compliance with Chapter 6.70 (Sound Pressure Levels) of the Anaheim Municipal Code. That the carwash shall thereafter operate in compliance with Chapter 6.70 pertaining to sound pressure levels. 10. That four (4) foot high address numbers shall be displayed on the building roof in a contrasting color to the roof material. The numbers shall not be visible to the adjacent streets or properties. Said information shall be specifically shown on the plans submitted for building permits.. 11. That all trash shall be properly contained in trash bins contained within approved trash enclosures. 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. The Code Enforcement Division of the Planning Department shall determine the need for additional bins or additional pick-up. All costs for increasing the number of bins or frequency of pick-up shall be paid for by the business owner. 12. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public: Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said storage area(s) shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage area(s) shall be protected from graffiti opportunities by the use of plants such as minimum one (1) gallon sized clinging vines planted on maximum three (3) foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 13. That an on-site trash truck turn-around area shall be provided in accordance with Engineering Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn-around area shall be specifically shown on the plans submitted for building permits. 14. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division, for review and approval 15. That a final landscaping and irrigation plan for subject property shall be submitted to the Zoning Division for review and approval. All trees shall be minimum twenty four (24) inch box sized.. Any decision made by the Planning Services Division regarding said plan may be appealed to the Planning Commission for consideration as a'Reports and Recommendations' item. All trees shall be properly and professionally maintained to ensure mature, healthy growth and shall not be unreasonably trimmed. Said plan shall include the following: • That an additional two (2) evergreen trees (minimum twenty-four (24) inch box sized or eight to twelve (5-12) feet minimum 8TH) shall be planted within the required street setbacks along both Crescent Avenue and Magnolia Avenue. -3- PC2006- e That on Magnolia Avenue, the existing palm tree in the tree well located in front of the subject property shall be removed and replaced with one (1 ), twenty-four (24) inch box sized, Stenocarpus sinuatus (Firewheel tree) planted in accordance with City standards. e That on Crescent Avenue, the existing palm trees in the two (2) western most tree wells located in front of the subject property shall be removed and replaced with two (2), twenty four (24) inch box sized Cercis candensis (Eastern Redbud tree) planted in accordance with City standards. 16. That on-site landscaping including trees shall be maintained in a healthy condition. In the event the landscaping become damaged, diseased or dies, it shall be replaced in a timely manner. 17. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. 18. That a final comprehensive sign plan shall be submitted tp the Planning Services Division for review and approval. Any decision by the Planning Services Division maybe appealed to the Planning Commission as a 'Reports and Recommendations' item. Said plan shall include the following: a That carwash instructional signage shall be oriented to ensure visibility to on-site customers only. 19. That as required by the Public Works Department, Streets and Sanitation Division, all necessary National Pollution Discharge and Elimination System ("NPDES") permits shall be obtained. 20. That the legal owner of the subject property shall provide the City of Anaheim with a six (6) foot wide public utilities easement along/across high voltage lines, low voltage lines crossing private property and around all pad-mounted transformers, switches, capacitors, etc. Said easement shall be submitted prior to connection of electrical servicei 21. The street lights shall be installed on Magnolia Avenue and Crescent Avenues as required by the Electrical Engineering Division. The street lights shall be installed prior to issuance of a certificate of occupancy. A bond to guarantee installation of said improvements shall be posted with the City in an amount approved by the City Engineer and in a form approved by the City Attorney: 22. That any required relocation df City electrical facilities shall be at the developer's expense: Landscape andlor hardscape screening of all pad-mounted equipment shall be required and shall be shown on the plans submitted for building permits. 23. That the locations for future above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on the plans submitted for building permits. The plans shall also identify the specific screening treatment of each device (i.e., landscape screening, color of walls, materials, identifiers, access points, etc.), and shall be subject to review and approval by the appropriate City departments. 24. That all backflow equipment shall be located above ground outside the street setback area in a manner fully screened from all public streets. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction df the Water Engineering Division in either underground vaults or outside the street setback areas in a manner fully screened from alf public streets and alleys. Said information shall be shown on plans submitted to the Water Engineering and Cross Connection Control Inspector for review and approval prior to submittal for building permits. 25. That because this project has landscaping areas exceeding two thousand five (2,500) square feet, a separate irrigation meter shall be installed and shall comply with Chapter 10.19 (Landscape Water Efficiency) of the Anaheim Municipal Code and Ordinance No. 5349. Said information shall be shown on the plans submitted for building permits. -4- PC2006- 26. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonment of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department 27. That all existing water services and fire lines shall conform to current Water Services Standards and: Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if necessary or abandoned if the existing service is no longer needed. The ownerldeveloper shall be responsible for the costs to upgrade or abandon any water service or fire line. 28. That plans shall be submitted to the Planning Services Division for review and approval to show conformance with the current versions of Engineering Standard Plan Nos. 436 and 6011602 pertaining to parking standards and driveway location. Subject property shall thereupon be developed and maintained in conformance with said plans. 29. That the canvash shall comply with all state laws and local ordinances for water conservation measures. Voluntary water conservation strategies shall be encouraged. 30. That the driveways on Magnolia Avenue and Crescent Street shall be constructed with ten (10) foot radius curb returns as required by the City Engineer in conformance with Engineering Standard No. 137. Said information shall be specifically shown on the plans submitted for building permits. 31. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval to show conformance with the current version of Engineering Standard Plan No. 137 pertaining to sight distance visibility for the new monument sign location. 32. That the owner/developer shall complete the Burglary/Robbery Alarm permit application, Form APD 516, as required by the Police Department. 33. That prior to issuance of a building permit or grading plan approval, whichever occurs first, the developer shall submit a Water Quality Management Plan specifically identifying post construction best management practices that shall be used on-site to control predictable pollutants from storm water runoff. The Water Quality Management Plan shall be submitted to the Public Works Department, Development Services Division for review and approval 34. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Revision 1 of Exhibit Nos. 1 through 5, and Exhibit Nos. 6 through 9, and as conditioned herein. 35. 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. 4, 6, 8, 10, 12, 13, 14, 15, 18, 19, 22, 23, 24, 25, 28, 30, 31 and 33, herein-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 36. That prior to final building and zoning inspections, Condition Nos. 9, 21, 27, 32 and 34, above-mentioned, shall be complied with. 37. That approval of this application constitutes approval pf the proposed request only to the extent that it complies with the Anaheim :Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adpption 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 -5- PC2006- 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 15, 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 15, 2006, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand-this day of 2006. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -6- PC2006- Attachment -Item No. 2 PETITIONER'S STATEMENT OF 7USTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: PERTAINING TO: CA is required for each Code Sections 18.03.040.030 and ] 8.12.060 of the Anaheim Municipal Code require that before anyvariance or Cade waiver may be granted by the Zoning Administrator or Planning Commission, the following shall be shown: That there are special circumstances applicable to the property, including size,'shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classificaticn in the vicinity. In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully and as completely as possible: If you need additional space, you may attach additional pages. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundings? ~ Yes _ No. If your answer is "Yes," describe the special circumstances: 2. Are the special circumstances that apply to the property different from other properties in the vicinity which are in the same zone as your property? ,~ Yes _ No If your answer is "yes," describe how the property is different: ~-C ~ ~D ~o Nor l--t'on>r. 1St Cca' '~Pa-)2 d"-1-' c o ill./ O t Do the special circumstances applicable to the property deprive is of privileges currently enjoyed by neighboring properties located within the same zone? ~Yes_No If your answer if "yes;' describe the special 4. Wert: the special circumstances created by causes beyond the control of the property owner (or previous property owners)? ~7/'r Yes _ No The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shoo oe approved which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone which is not othe expressly au rued by zone regulations governing subject property. Use variances are not permitted. - 5 06 Sigrtature of Prope wne or Author ed Agent ate ~~ 77625tDECEMBER 12, 2000 CONDITIONAL USE PERMITNARIANCE NO. lustifiwtion Waivcr. dot Attachment -Item No. 2 RESOLUTION NO. PC2003-73 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04685 8E GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 1: THE NORTH 195.00 FEET OF THE WESTERLY 200.00 FEET OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES; IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID SECTION IS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 2: THE NORTH 195.00 FEET OF THE WESTERLY 275.53 FEET OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7; TOWNSHIP 4 SOUTH, RANGE 10 WEST,. SAN BERNADINO BASE AND MEREDIAN, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE. OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 49, PAGE 50, RECORDS OF SURVEY IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.. EXCEPTING THEREFROM THE WESTERLY 200 FEET THEREOF. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 5, 2003 at 1:30 p:m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and that said public hearing was continued to the May 19, 2003 Planning Commission meeting; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.44.050.080 to wit: to construct an automobile car wash facility with an accessory fast food restaurant and accessory retail sales. 2. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 3. That granting this Conditional Use Permit, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 4. That the proposed use, under the conditions imposed, will not adversely affect the adjoining land uses and the growth and development of the area in which it will be located, as demonstrated by the acoustical analysis submitted by the petitioner and the property's:proximity to other similar commercial uses cr\PC2003-073.doc -1- PC2003-73 5. That the size and shape of the site for the proposed use is adequate to allow full _ .. development of the proposal in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 6. That one person spoke at the public hearing in opposition to the proposal with concerns regarding traffic; and that no correspondence in opposition was received. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to construct an automobile car wash facility with an accessory fast food restaurant and accessory retail sales on two separate parcels located at the southeast corner of Crescent Avenue and Magnolia Avenue, and more specifically described as follows: Parcel 1 - a rectangularly-shaped 0.49-acre property located at the southeast comer of Crescent and Magnolia Avenues, having frontages of 147 feet of frontage on the south side of Crescent Avenue and 150 feet on the east side of Magnolia Avenue, and further described as 590 North Magnolia Avenue, and Parcel 2 - an irregularly- shaped 4:05-acre property located'south and east of the southeast corner of Crescent and Magnolia Avenues, having frontages of 77 feet on the south side of Crescent Avenue and 730 feet on the east side of Magnolia Avenue, having a maximum depth of 1380 feet, and further described as 510-542 North Magnolia Avenue; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with .any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment, NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, 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 any public telephones proposed on-site shall be located inside the convenience market and/or fast food restaurant: 2. That no storage, display or sales of any merchandise or fixtures shall be permitted outside the building. 3. That the hours of operation of the canvash facility shall be from 8 a.m. to 6 p.m., daily; and The restaurant hours of operation shall be from 10 a.m. to 10 p.m., daily. 4. That air compressor hoses shall not be used to dry cars: 5. That the vacuum and dryer equipment shall be entirely enclosed in the equipment room; and that the doors to the equipment room shall be solid core construction and equipped with self-closing devices. Said information shall be specifically shown on the plans submitted far building permits. 6. That no public address and/or paging systems shall be used which are audible to adjacent residential properties. 7. That any parking lot or security lighting shall be decorative, low intensity, and directed away from adjacent residential properties. Said information shall be specifically shown on the plans submitted for building permits. 8. That no banners or other advertising visible to adjacent streets shall be displayed unless special events permits are first obtained. 9. That all air conditioning facilities and other roof and ground mounted equipment shall be properly shielded from view and sound buffered from adjacent residential properties. Said information shall 6e specifically shown on the plans submitted for building permits. -2- PC2003-73 10. That sound pressure level field measurements of the carwash shall be taken on site prior to commencing operation of the carwash to ensure compliance with Chapter 6.70 (Sound Pressure Levels) of the Anaheim Municipal Code. That the carwash shall thereafter operate in compliance with Chapter 6.70 pertaining to sound pressure levels. 11. That four (4) foot high address numbers shall be displayed on the building roof in a contrasting color to the roof material. The numbers shall not be visible to the adjacent streets or properties. Said information shall be specifically shown on the plans submitted for building permits. 12. That all trash shall be properly contained in trash bins contained within approved trash enclosures. 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. The Code Enforcement Division of the Planning Department shall determine the need for additional bins or additional pick- up. All costs far increasing the number of bins or frequency of pick-up shall be paid for by the. business owner. 13. That trash storage area{s) shall be provided and maintained in location(s) acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said storage area(s) shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage area(s) shall be protected from graffiti opportunities by the use of plants such as minimum one {1) gallon sized clinging vines planted on maximum three (3) foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits: 14. That an on-site trash truck tum-around area shall be provided in accordance with Engineering. Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said tum-around area shall be specifically shown on the plans submitted for building permits. 15. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division, for review and approval, 16. That a final landscaping .and irrigation plan for subject property shall be submitted to the Zoning Division for review and approval. All trees shall be minimum twenty four (24) inch box sized. Any decision made by the Zoning Division regarding said plan may be appealed to the Planning Commission for consideration as a'Reports and Recommendations' item. All trees shall be properly and professionally maintained to ensure mature, healthy growth and shall not be unreasonably trimmed. Said plan shall include the following:. e That an additional eleven (11) evergreen trees (minimum twenty four (24) inch box sized or eight to twelve (8-12) feet minimum 8TH) shall be planted within the required street setbacks along Crescent Avenue and Magnolia Avenue. o That the benned areas within the landscaped setbacks shall be planted with shrubs to provide adequate screening from vehicular traffic on Crescent Avenue and Magnolia Avenue. e That on Magnolia Avenue, the existing palm tree in the tree well located in front of the subject property shall be removed and replaced with one (1), twenty four (24) inch box sized, Stenocarpus sinuatus (Firewheel tree) planted in accordance with City standards. That on Crescent Avenue, the existing palm trees in the two (2) western most tree wells located in front of the subject properly shall be removed and replaced with two (2), twenty four (24) inch box sized Cercis candensis (Eastern Redbud tree) planted in accordance with City standards. 17: That on-site landscaping including trees shall be maintained in a healthy condition: In the event the landscaping become damaged, diseased or dies, it shall be replaced in a timely manner. -3- PC2003-73 18. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. 19. That a final comprehensive sign plan shall be submitted to the Zoning Division for review and approval. Any decision by the Zoning Division may be appealed to the Planning Commission as a 'Reports and Recommendations' item. Said plan shall include the following: • That carwash instructional signage shall be oriented to ensure visibility to on-site customers only. • That signage shall be limited to that shown on the exhibits submitted by the petitioner, and as conditioned herein. • That the background of the proposed monument sign shall be opaque, allowing only the sign lettering and address numbering to be illuminated. 20. That as required by the Public Works Department, Streets and Sanitation Division, all necessary National Pollution Discharge and Elimination System ("NPDES") permits shall be obtained.- 21. That a certificate of compliance for Parcel 1 and 2 shall be submitted to the Public Works Department, Development Services Division, for review and approval 22. That if it is determined the project is located on two (2) separate legal parcels, the legal property owner shall submit an application for a lot line adjustment or shall submit an unsubordinated covenant to hold the two (2) parcels for the development as a single parcel, in a form satisfactory to the City Attorney, and which covenant shall be recorded with the Office of the Orange County Recorder. A copy of the recorded covenant shall then be submitted to the Zoning Division. Provisions shall be made in the covenant to guarantee that the entire complex shall be managed and maintained as one (1) integral parcel for purposes of parking, vehicular circulation, signage, maintenance, land usage and architectural control; and that the covenant shall be referenced in all deeds transferring all or any part of the interest in the property. 23. That the legal owner of the subject property shall provide the City of Anaheim with a six (6) foot wide public utilities easement along/across high voltage lines, low voltage lines crossing private property and around all pad-mounted transformers, switches, capacitors, etc. Said easement shall be submitted prior to connection of electrical service. 24. The street lights shall be installed on Magnolia Avenue and Crescent Avenues as required by the Electrical Engineering Division. The streetlights shall be installed prior to issuance of a certificate of occupancy. A' bond to guarantee installation of said improvements shall be posted with the City in an amount approved by the City Engineer and in a form approved by the City Attomey. 25. That any required relocation of City electrical facilities shall be at the developer's expense. Landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall be shown on the plans submitted far building permits. 26. That the locations for future above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on the plans submitted for building permits. The plans shall also identify the specific screening treatment of each device (i.e., landscape screening, color of walls, materials, identifiers, access points, etc.), and shall be subject to review and approval by the appropriate City departments. 27. That all backflow equipment shall be located above ground outside the street setback area in a manner fully screened from all public streets. Any backflow assemblies curently installed in a vault shall be 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 the street setback areas in a manner fully screened from all public streets and alleys. Said information -4- PC2003-73 shall be shown on plans submitted to the Water Engineering and Cross Connection Control Inspector for review and approval prior to submittal for building permits. 28. That because this project has landscaping areas exceeding two thousand five (2,500) square feet, a separate irrigation meter shall be installed and shall comply with Chapter 10.19 (Landscape Water Efficiency) of the Anaheim Municipal Code and Ordinance No. 5349. Said information shall be ` shown on the plans submitted for building permits. 29. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonment of existing water services and fire lines, shall be coordinated through Water. Engineering Division of the Anaheim Public Utilities Department 30. That all existing water services and fire lines shall conform to current Water Services Standards and Specifications. Any water service andlor fire line that does not meet current standards shall be upgraded if necessary or abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or abandon any water service or fire line. 31. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval to show conformance with the current versions of Engineering Standard Plan Nos. 436 and 601/602 pertaining to parking standards and driveway location. Subject property shall thereupon be developed and maintained in conformance with said plans. 32. That the canvash shall comply with all state laws and local ordinances for water conservation measures. Voluntary water conservation strategies shall be encouraged. 33. That the driveways on Magnolia Avenue and Crescent Street shall be constructed with ten (10) foot radius curb returns as required by the City Engineer in conformance with Engineering Standard No. 137. Said information shall be specifically shown on the plans submitted for building permits. 34. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval to show conformance with the current version of Engineering Standard Plan No. 137 pertaining to sight distance visibility far the new monument sign location. 35. That the ownerldeveloper shall complete the Burglary/Robbery Alarm permit application, Form APD 516, as required by the Police Department. 36. That the legal property owner shall submit a letter to the Zoning Division requesting tenninatlon of Conditional Use Permit No. 1254 (permitting on-sale sale of beer and wine in an existing delicatessen- restaurant). 37. That prior to commencing operation of this new business, a valid business license shall be obtained from the Business License Division of the Planning Department. 38. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 6, and as conditioned herein. 39. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos: 5, 7, 9, 11, 13, 14, 15, 16, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 31, 33, 34, 36 and 42, herein-mentioned, shall be complied with. Extensions far further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 40. That prior to final building and zoning inspections, Condition Nos. 10, 35, 37 and 38, above-mentioned, shall be complied with. -5- PC2003-73 41. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable Ciry, 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. 42. That prior to issuance of a building permit or grading plan approval, whichever occurs firs[, the developer shall submit a Water Quality Management Plan specifcally identifying post construction best management practices that shall be used on-site to control predictable pollutants from storm water runoff. The Water Quality Management Plan shall be submitted to the Public Works Department, Development Services Division for review and approval BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 19, 2003. CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Ciry Planning Commission held on May 19, 2003, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, ROMERO, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this day of , 2003. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -6- PC2003-73 Item No. 3 DA 2 RCL 65-66-24 (29) RCL 65-66-13 ~ . . CUP 2922 W E- VAR 3038 K SP 94-1 (SCJ UJ SP 94-1 (SC) VAR 2078 I- DA 2 LLJ RCL 65-6fi-24 (29) CATELLUS ~ RCL 65-66-24 (29) ~ RCL 65-66-13 CORPORATE CENTER O CUP 2004-04945 F- CUP 3325 CUP 2922 SMALL INDUSTRIAL ~ CUP 3010 ~ VAR 3838 FIRMS ~ VAR 4133 Y VAR 2870 ~p VAR 2878 (CUP 2003-04793) ~ SM L~ INDUSTRIAL Q CHURCH FIRM ~ Z Q 3 LA PALMA AVENUE ~-- 340• ~ 115' J ` f % U~ °~ SP 94-1 cSC ~ ~ 4 _ . . ~ SP 941 (SC) yr ~r RCL 06-67- 4 f tD d,~ n~ DA 2 ~ D v Res. of Intent to ML ~-~ -~n ( ) ~° -° '° O -i RCL 66 67-64 (10) SP 94-1 (SC) SP 94-1 {SC) v ~ 5 m RCL 6fi-67-63 ~ c ~ C7 ;, CUP 2006-05069 ~ c • ` OA 2 DA 2 a U °U AJAX CEMENT ~ ~ ~z N t „ CUP 3918 c RCL 66-67-64 (10) RCL 66-67-64 (10) I N ~ ~~ COMPANY ~ `o JY~ e ~ VAR 3287 [ MTI LING VAR 2323 ~ ~ ~ SMAL L IND a ~ PUBLIC p FIRA `- STORAGE ~. r ;.{ ~ R t t 1 t t." Y ie- RFpE F N ~~ R T r RE T A A( p AJ Hq RCL 70-71-07 (Res of Intent to ML) RCL 70-71-06 N ALL PROPERTIES ARE IN THE SCENIC CORRIDOR (SC) OVERLAY ZONE. Conditional Use Permit No. 2006-05069 `' Subject Property Date: May 15, 2006 Scale: 1" = 200' Requested By: PUBLIC STORAGE EURO PARTNERSHIP Q.S. No. 166 4880 East La Palma Avenue tooos Staff Report to the Planning Commission May 15, 2006. Item No. 3 3a. CEQA NEGATIVE DECLARATION (Motion for continuance) 3b. WAIVER OF CODE REQUIREMENT 3c. CONDITIONAL USE PERMIT NO. 2006-050fi9 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 of Manassero Street (4880 East La Palma Avenue- Public Storage). REQUEST: (2) The applicant requests approval of a conditional use permit under authority of Code Section. Nos. 18.120.070.050.0537 and 18.120.070.080.0801 to construct alive-story self storage building with building heights exceeding 60 feet with waiver of the following: (a) SECTION NO. 18.120.080.0803 Maximum floor area ratio (FAR) 0.5 permitted; 1_1 proposed) (b) SECTION NO. 18.120.070.10p.1001 Maximum fence height L feet permitted; 6 feet proposed) BACKGROUND:- (3) This item was cdntinued from the March 20, April 17; and May 1, 2006, Commission meeting to allow the applicant time to complete revisions to the proposed addition to the existing self storage facility. (4) The property is developed with an existing self storage facility and is zoned SP94-1(DA2) (SC) (Northeast Industrial Area, Development Area 2 (Expanded Industrial Area), Scenic Corridor Overlay): The Anaheim General Plan designates this property for Office-Low land uses. Surrounding properties td the north (across La Palma Avenue) are designated for Industrial land uses, to the east and west for Office-Low land uses and to the south for Open Space-Water uses. (5) The applicant, Dean Grobbelaar, has submitted the attached letter dated, May 10, 2006,. requesting a continuance to the June 12, 2006, Commission meeting in order to meet with City staff on the proposed plan. RECOMMENDATION: (6) That the Commission, by motion, continue this item to the June 12, 2006, Planning Commission meeting. SR-CUP2006-05069(con't-5-15-06-06)jkn : Page 1 fi Ie:///H ~/CAS ES/Condi ti onal%20Use^I,ZOPermi UC uP2oi)6-05069151506"la20mcuti ng-conULTR-continued-C U P2006-05069. tx t Attachment -Item No. 3 From: Dean [dean@pacificplanninggroup.com] Sent: Wednesday, May 10, 2006 12:04 PM To: Jessica Nixo^ Cc: nhattenburg@publicstorage.com; karen@pacificplanninggroup.com Subject: FW: Public Storage - La Palma Ave Iessica, As of 05/10/06 please accept this email as a formal request for a Planning Commission continuance from 05/15/06 to 06/12/06. Thanks Dean file:N/H~/CASES/Conditionalr7a20Use%20Permi000P2006-05069/51506r7o20meeting-conULTR-continued-CUP2006-05069.txt5/10/20067:5031 AM Item No_ 4 RS-A-03,000) T-CUP 2001-04459 T-CUP 2001-04437 RCL 82-63-28 CUP 4161 ® ® ® m CUP 527 MOBILE HOME PARK T CL 62-63-1 RCL 86-67-35 RCL 56-57-7 (Res of lnt T-CUP RM-2 tD RM-3000) 2001-04370 RCL 79-60-04 1 OU CUP 4140 CUP 1697 VAR 3117 - T-0UP 2001-04x59 3 U' C-G VAR 3102 T-CUP 2001-044 ] r-vAR Z6DVO44sa ti ANAHEIM WES vAR 3666 MEDICAL TOWNHOMES VAR T365 $MAL pROPE55- 14 DU CUP 4161 SHOP IONAL ELEMENTARY SCHOOL T CUP 3440 CUP 2405 SENIOR CITIZEN APARTMENTS 135 DU LINCOLN AVE I~ 136 ' - RCL 63-64-19 VAR 1596 ~~'31 DU RM-4 RCL 84-65-16 GL GL VAR 3451 RCL 666]-0i CL 63b4- 60 DU APTS. RLL 6364-37 CUP 258 CUP 912 VAR 269 VETERb ECONO MARIAN LUfiE ~ r,.G u GG GG I Q RCL fi1621 a CUP 274] RCL fi3b4-131 CUP 1900 63-64-06 m ~ 1 ~ CUP 414 CUP 404 ~ CUP 3534 CUP 022 CUP 1703 CUP 3534 AURANT ~v°'i RCL 8 788-55 H V ACANT LANG ~.r - RM-4 ~ VAR243] ' VAR 3800 RCL 73.74-33 Mc DONALD S REST. ~~ W~ -~-~° Pcn 96-07! APARTMENTS ® (Jj U = RLL 6162 16 (RLL 6P61-20) ~ RCL fi 6~9fi LUP 102fi 0_' ~ LUP 20050.5060 CUP 2963 I LUP 2838 CUP 2168 VAR 2752 VAR 1771 ~.m- CUP 4050 CUP 2130 CUP 2479 I p p CUp 1622 LUP 1458 LARWA6H/REST. RM-4 RCL 76-79-15 VAR 3051 RCL 5&60-60 VAR 1360 APARTMENTS 194 DU I RCL 60.61-20 T~=._~_J ~VArRE13~60~ ® 1 DEL MI _ CUP 414 VAR 1726 S APARTMENTS, 19 DU EAGH RM-4 ' CABOT DR READVERTISED Conditional Use Permit No. 2005-05060 Requested By: PIETRO T. TROZZI 3242 West Lincoln Avenue - Maria's Pizzeria and Billiards ' ` Subject Property Date: May 15, 2006 Scale: 1" = 200' Q.S. No. 5 10056 Staff Report to the Planning Commission May 15, 2006 Item No. 4 4a. CEQA NEGATIVE DECLARATION (READVERTISED) (Motion for continuance) ' 4b. WAIVER OF CODE REQUIREMENT 4c. CONDITIONAL USE PERMIT NO. 2005-05060 4d. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 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: {aj Conditional Use Permit No. 2005-05060 td permit a billiard facility and on-premises sale and consumption of beer and wine in conjunction with afull-service restauranfunder authority of Code Section No. 18:08.030.040 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 a fulFservice restaurant. (This item has been withdrawn since this determinatiori 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, April 17,2006, and May 1, 2006, Planning Commission meetings to allow the applicant to redesign the floor plan. The agent, Rick Solberg, has submitted the attached letter dated, May 4, 2006, requesting a further continuance to the May 31, 2006, Commission meeting to revise floor plans. RECOMMENDATION: (5) That the Commission, by motion, continue this item to the May 31, 2006, Planning Cbmmissidn meeting. Srcup2005-D5060klwcont5106.doc Page 1 Attachment -Item No. 4 5/4/06 Kim wong Project Planner City of Anaheim RE: 3242 Lincoln Ave. Kim, we request that our CUP 2005-0506 submittal be continued from the May 15 meeting and be placed on the agen r the May 31 meeting . Thank you for foci ' tin s reque . Sincerely, Rick So berg Item No. 5 ' ~~ ~ ~ RS-2 ~ ~ ~ ~ ~ ~ 1 DU EACH ~ o ^ ~y ~ J N V ~ LL CHATEAU AVENUE ~ 7 ~ -- ~ ~ ~S_ ~ I I ~ I N 1 DU EACH o U J Q LL 6EACON AVENUE RS- 1 DU EACH CHATEAU PL 1 DU EACH a~ MINERVA AVE ~ ~~ .I Z v ~n ~ N ¢ ~ Q ~ I L s ~ a v~ ;CGS 1 DU EACH ~ ~ '~~ .CUP 2 D6 5070 ~`'_ '= CUP 1266 §, RS-2 a VAR 1542 e 1 DU EACH t VAR 1865 S n ' BALL EUCLID ~ F .: SHOPPING CENTERt JUNG AVENUE ~~ ~ , < c~ RId-4 ' z ~ RCL 56-57-60 ' ~ ® VAR 1162 -~' '" ` ~~ ` MULTI-FAMILY DU = -: <. r( ~'" _. A RCL 54537]Lti RM-0 ~ ; j ~.' CUP 2006-050]0 CUP 2660.04205 ~ RCL 56-57-60 - ® x r :~ ~ VAR 1665 6 RCL 56-56-11 ~' ' ~^ L R ~ HR y~ M LTI-FAMILY DU ~ - `" E T -O IV U ' ^ ,~~ . ~REfiL.,.:. I"~---- 416 ' ~®'1 GG I~ VAR 2729 S A~. ' C-G o RCL 53-54-26 ~ W CUP 3093 CUP 915 LLl ~ VAR 3247 ~ VAR 1776 S ~ SHOPPING CENTER J F U W c-G c-G RCL 53-5426 CL 53-54-2 CUP 3093 CUP 3093 VAR 3247 VAR 1721 5 g~a REST. VAR 3247 a ou encH BALL ROAD ~~ J ~~+m~ G-G RM-4 °amo w~ RC12p03-90094 GG RCL 57-56-23 ~~"'tOE~ RCL 61-62-27 CL 64-65-11 /1 MULTI-FAMILY DU V ONN mod= CUP 693 / \ ~K~SV (/ \ RCL fit-62-27 " , N Conditional Use Permit No. 2006-05070 ~ Subject Property Date: May 15, 2006 Scale: 1" = 200' Requested By: BALL EUCLID Pt.AZA, LLC Q.S. No. 48 1717-1723 West Ball Road 1op1s BEACON AVE Staff Report to the Planning Commission May 15, 2006 Item No. 5 5a. CEQA CATEGORICAL EXEMPTION -CLASS 1 5b. CONDITIONAL USE PERMIT NO. 2006-05070 (Request for withdrawal) SITE LOCATION AND DESCRIPTION: (1) This 7.3-acre, rectangularly-shaped property is located at the nortFiwest corner of Ball Road and Euclid Street with frontages of 416 feet on the north side of Ball Road and 740 feet on the west side of Euclid Sheet (1717-1723 West Ball Road). REQUEST: (2) The applidant requests approval of a conditional use permit under authority of Code Section No. 18.08.030.040.0402 to permit the division of a retail unit into three (3) units and establish land use conformity for an existing commercial retail center, BACKGROUND: (3) This property is developed with anon-conforming commercial retail center and is zoned C-G (General Commercial). The Anaheim General Plan designates this property for ', Neighborhood Commercial land uses. Surrounding properties to the north (across Beacon Avenue), south (across Ball Road). and. east (across Euclid Street) are also designated for Neighborhood Commercial land uses, and to the west for Medium Density Residential land uses. (4) This item was continued from the April 3, 2006, Planning Commission meeting in order for the applicant to workwith the property owner to upgrade the commercial retail center. The applicant has submitted the attached letter dated, May 3, 2006 requesting a withdrawal of this request because the property owner has secured a lease with the existing tenant and will not need to subdivide the tenant space: RECOMMENDATION: (5) That the Commissiod, by motion, withdraw this item, as requested by the applicant SR-CU P2006-05070 (withd rawal)a kv Page 1 Attachment • Item No. 5 ARnAET DAVIS IVEWIOVE AIA ARCHITECTS 1330 OLYMPIC BOULEVARD SANTA MONICA CA 90404-3726 May 3, 20D6 City of Anaheim Planning Dept. Anaheim City Hall 200 So. Anaheim Blvd., Suite 162 Anaheim, Ca. 92805 ATTN: Amy Vazquez Reference: CUP APPLICATION NO. 2006-05070 1717-1723 WEST BALL RD. Dear Ms. Vazquez: LOUIS L ARMET ALA (1914-1981) ELOON C. OAVIS ALA IRETJ VICTOR NEWLOVE, AI,0. JOHN OOOSON, ALA "'"' PALL OEPPE, AI.A ! - ~,,1~,. ; R~ ,iY <U~~~ ~t:~, I am writing on behalf of my client, to request that Conditional Use Permit Application 2006-05070 be withdrawn. The Magids have been able to secure a lease with the current tenant and will not need to subdivide the space at this time. If you have any questions, please call me. Again, thank you for all your help in this matter. telephone (310) 452-5533 fax (310) 450-4742 e-mail adnarch@aol.com JD/da cc: Marc & Sam Magid Item No. 6 Gopryry~a0Q0`Q e~ G J J Q' 1~ O ~e ~~ (~ e~ ' I' e c` GAG fie`' Jed q0^6 \ O ~;15s. 0C' G~.1g'1.91~~ SP P_c~. P a9.~ SABC Overlay Zone) RCL 76-79.02 RCL 57-56-1fi CUP 3738 CUP 2005-04981 CUP 3350 - CUP 3089 CUP 2374 CUP 2326 CUPd849 5 CUP iS69 v,`~ a VAR 316fi 5 CERRITOS AVE. RCL 55-5fi-24 CUP 2004-04048 INDUSTRIAL BUILDING w r i I J ~ ALRO WAY ~ tt5 -I-too / SP 921 RCL 6&97b1 (1091 ,.. RCL SP 92-1 RCL 66417-61 (27) RCL 64-66-112 CUP 755 CUP 574 CUP 32 VAR 2074 5 DISNEYLAND PARKING LANDSCAPED SP 92-1 EASEMENT RCL 66-67-61 (108) SP 92-1 RCL 77-78-58 RCL 66417-fii (108) CUP 2330 VAR 3009. VAR 730 SM. IND. FIRM SP 92-T RCL 66-67-61 (108) CUP 1809 cuP z96z-646n CUP 2002-Ogfi10 CUP 3350 RCL 2000-00023 GUP 2374 Gl (Res a(Inf f0 GUP 2328 CUP 1849 \ SABC Oveda Zone )CUP 1569 9 RCL 76-7 -02 __. - __ VAR 31665 ~AA-- F '9 "v ®® ~9 SP 921= L 77 7&58 ... ® 2~io `PO i6 67-61 (108) ® ~ pGT~ UP 2964 1 ~~ 'P.p AR 30 9 81 L ., • ®® VAR 730 )BENS STORE •` ® 9~• ~~9®~ 'Q F~,o~®® ~® ~G Za® T,p~®® O~SNEY WAY ®® SP 92-1 / \ T-CUP 2004604(94)1 ///`\\1 CUP 4078 Np'~ (RCVACANT 2) 1 Itl Subject Property Variance No. 2006-04681 Date: May 15, 2006 Scale: 1" = 200' Requested By: STEVE SHELDON Q.S. No. 87 200 West Arlo Way toots Date of Aerial Pholo: Julv 2005 Variance No. 2006-04681 Requested By: STEVE SHELDON Subject'Property Date: May 15, 2008 Scale: 1" = 200' Q.S. No. 87 200 West Arlo Way ~oo~s Staff Report to the Planning Commission. May 15, 2006 Item No. 6 6a: CEOACATEGORICALEXEMPTIO~-CLASSII(READVERTISED) (Motion) 6b. VARIANCE NO: 2006-04681::. (Resolution) 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 depthof 246 feet, and is located 115feet easfof the centerline of MahchesterAvenue (200 West Alro Way= l3ergstroms). REQUEST: (2) Applicant requests waiver of the following to retain one non-conforming business identification pole sign with eledtronic message board aridene ndn-conforming business identification wall sign: (a) SECTION N0.18.114.130.020.0207.01 Continuation and termination of legal. non-conforming signs.- (Pole sign and message board sign prohibited as of December 31; 2005; one. 50 foot high pole sign'with electronic message board proposed to remain until December 31, 2019) (b) SECTION NO: 18.114.130.060.0604 Maximum letter height for wall signage 24 inch high. letters (for registered .'trademark name) permitted; 3 foot tg 4:67 fdot high lettersezisting)! BACKGROUND: (3) This item was continued from the April 3, and May 1, 2006, Commission meetings in order to readvertise the waiver;pertafning to the pole sign and to accommodate the - ;applicant's scheduler; (4) This property is zoned SP92-1 (The Disneyland Resort Specific Plan). The property is also designated for Commercial Recreation land uses by the City of Anaheim General Plan. The Anaheim Geheral Plan desighetes properties in all directions for Commercial Recreation land uses. PREVIOUS ZONING ACTIONS: (5) The following zoning actions have occurred on the subject property: (a) Variance No: 730 (td establish a research laboratory end light manufacturing complex) was approved by the Planning commission on April 8, 1957. This entitlement is no longer necessary for this property, but the entitlement also applies to the property to the south, therefore it can not be terminated. vnRZOOS-oasa~dr; Page 1 Staff Report to the Planning Commission May 15, 2006 Item No. 6 (b) Variance tJo. 3009 (to waive the required site screening adjacent to the. Santa Ana (5) Freeway to construct an industrial complex) was approved by the Planning ' Commission oh May 8, 1978. This entitlemeht is no logger necessary for thisproperty, but the entitlement also applies to the property to the: south, therefore it can notbe terminated: (c) .Conditional Use Permit'No. 2964 (to permit a specialty retail use (Bergtroms Childress Store) with waiver of minimum number of parking spaces 100 spaces required; 75 proposed) was approved by the Planning Commission on November 23, 1987.. PROPOSAL: (6) .The applicant is requesting a variance to retain one existing non-conforming 50-foot high, 300 square foot :pole sign with a changeable message board as shown in the photo below. Code prohibits pole and electronic message boards within the Disney Resort Specific Plan.. m Page 2 Staff Report to the Planning Commission May 15, 2006 Item No. 6 ENVIRONMENTALIMPACTANALYSlS: (9) Staff has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15311, Class 11 (Accessory Structures), as defined in the State CEQA (California Environmental Quality Act) guidelines and is, therefore; categorically exempt from the ~equiremeht to prepare additional environmenta(documehtation, EVALUATION: (10) During the last few years a number of programs and efforts td transform The Anaheim Resort into a premier international and tourist and convention destination were'put into effect. One of the major components of the revitalization of the Resort, was tdprdvide standards for botfi tfie public realm and: private realm signs which included streetscape, wall, monument and directional signs. Standards for the monument and directional signs for the private realm were'adopted as specified in the Anaheim Resort Identity Program to contribute to the unifying effect of the overall identity of the sign and streetscape program. ', As part of the program, all private realmsigns that did nofineet these standards contained within the Disneyland Resort, Anaheim Resort and Hotel Circle specific plans were deemed ?'non-conforming and were required to beYemoved within a certain time period. The Disneyland ResortSpecific Plan in which this property is located requjred all lega~non- conformjng signs to be brougfit into conformance with the specific plan requirements by December 3Y 20051 With the exception of thisproperty, all non-conforming signage within The Disneyland Resort Specific Plan has been replaced and/or removed, All non- conforming signage within both the Ahaheim Resort and Hotel Circle specific plan areas were brought into conformance by December 31, :1999, with the exception of the! Newly expanded area of tfte Anaheim Resort Specific Plah (generally located on both sides of i Harbor Boulevard south of Orangewood Avenue). This expanded area contains a provision'. for all non-conforming signage to be removed on of beforebecember 31, 2019. (11) 'Waiver (a) pertains to retaining one 50 foot high business identification pole sign with electronic message: board. Code prohibits both pole signs and message board signs within' the Disneyland Resort specific plan. Tfie applicant is requesting to waive the provision ! relating to Continuation and Termination"of Legal IJon-conforming signs to retain`the non- conforming pole sign with a message board untilDecember3l, 2019,'which coincides with the datefhat non-conforming signage needs to betemoved from the expanded area of the Anaheim Resort specific plan: As indicated in the attached Statement of Justification of Waiver form submitted by the applicant; the location has been impactetl by the road and ` freeway econfigurations that have occurred as a part of the7evitalization of the Anaheim Resort. The building is located on Alro Way wfiich is not a tfirough street (a cul-de-sac that' dead ends into the freeway). Unlike other similar retail stores, the property is notlocated on a major arterial street and there is not a freeway frontage road adjacent to the property; therefore, the location does not make tas easily accessible for vehicle or pedestrian traffic:. Given tfie facility's'close proximity to the Interstate5 freeway; the store relies upon passing freeway traffic to attract customers. In tfie 1990's when the 1-5 Santa'Ana Freeway was widened, the property lost a significant portion of its frontage:' When the propertywas first built, the entrance to the facility was purposely oriented towards Manchester Avenue, which: .::was the main access road. The elimination of Manchester Avenue as a frontage toad further reduced thebisibility and accessibility of the site. Unlike the otfier businesses within °' the Disneyland Resort specific plan area, this is the only retail storeffiat is not oriented to '' tourists and the store does not have a national advertising or brand name recognition. Since other properties within the Disneyland Resort are permitted signage that is visible to the general public due to their location, the absence of the existing pole sign which provides visibility to the general public would deprive this property a privilege that is enjoyed by other Page 4 Staff Report to the: Planning Commission May 15, 2006 Item No. 6 properties with the same zoning. A monument sign on this property would not provide the same identification opportunities as a monument sign on other Disneyland Resort properties due to this site's location and site constraints. Based upon the special circumstances as noted above, staff recommends that the sign be allowed to remain until December 31; 2019, and at that time; the sign shall either be removed or replaced with a sign in conformance with the Disneyland Resort standards. (12) Waiver (b) pertains tc maximum letter height for wall signage to retain an existing non- conforming wall sign. The existing 157 square foot wall sign reads."Bergstrom Childrehs Stores' with a letter height of 4.67 feet for the letters "B" and "'S" in the word Bergstroms and 3 feet for the remaining letters. Code permits a maximum letter height of 24-inches (for a registered trade mark) for a two story building with a maximum sign area of 160 square feet. As indicated ih the attached Statement of Justification of Waiver form submitted by the applicant; the location has beeh impacted by the road and freeway reconfigurations that have occurred a5 a part of the revitalization of the Anaheim Resort as identified in paragraph (11) above. In addition, the existing letter height is in proportion to the building elevation and is the only wall sign providing visibility of the site from the I-5 Freeway: In addition, there have been other properties within the Resort area that have been granted a waiver of maximum letter height. Staff is supportive of this request and believes that the size of the wall sign is proportionate to the building elevation and that there are special circumstances as stated above which are applicable to the property and therefore recommends approval of this waiver. FINDINGS: (13) When practical difficulties or unnecessaryhardships result from strict enforcement of the Zoning Code; a modification may be granted for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges oommonly enjoyed by other properties in the same vicinity and zone. The sole purpose of any variance ', is to prevent discrimination and none shall be approves} which would have the effect of granting a special privilege not shared by other similar properties.. Therefore, before any variance is granted by the Commission, it shall be shown: (a) That there are special circumstances applicable to the property such as size, shape, topography, location or surroundings., which do not apply to other identically zoned properties in the vicinity; and (b) That strict application of the Zoning Code deprives the property of privileges enjoyed by other properties under identical zoning classification in the vicinity. Page 5 Staff Report to the Planning Commission May 15, 2006 Item No. 6 RECOMMENDATIdN: ' (14) Staff recommends that, unless additiohal or contrary information is received during the meeting; and based upon the evidence submitted to the Planning Commission,: including the evidence presented in this staff report; and oral and written evidencep~esented at the public hearing, the Planning Commission take the following action: (a) By motion, a rove, a Categorical Exemption -Class 11 (Accessory Structures) for the project. (b) By ~esolution,'aoprove Variance No. 2006-04684 to retain one non-conforming business identification pole sign with electronic message board and one non-conforming business identification wall sign by adopting the attached resolution including the findings and conditions contained herein. Page 6 [DRAFT] RESOLUTION NO. PC2006--"' A RESOLUTION OFTHE ANAHEIM PLANNING COMMISSION THAT PETITION FOR VARIANCE NO. 2006-04681 BE GRANTED (200 WEST ALRO WAY) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Variance for certain real property situated in the City of Anaheim, County of Orange, State of California described as: PARCEL 1, AS SHOWN ON A MAP FILED IN BOOK 122, PAGES 11 AND 12 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 15, 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 recommendaticns in connection therewith; and that said public hearing was continued from the April 4, and May 1, 2006, Planning Commission meetings; and. WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the petitioner proposes waivers of the following to retain one non-conforming... business identification pole sign with electronic message board and one non-conforming business identification wall sign: (a) SECTION N0.18.114.130.020.0207.01 (b) SECTION NO. 18.114.130.060.0604 Continuation and termination of legal non-conforming signs (Pole sign and message board sign prohibited as of December 31, 2005; one 50 foot high pole sign with , electronic message board proposed to remain until December 31, 2019) Maximum letter height for wall sionage 24 inches {for registered trademark name) permitted; 3 foot to 4.67 foot high letters existing) 2. That waiver (a) pertaining to the continuation and termination of legal ion-conforming signs is hereby approved to expire on December 31, 2019, as the site is uniquely constrained the location because it has been impacted by road and freeway reconfigurations that have occurred as a part of the revitalization of widening of the l-5 (Santa Ana) Freeway. The building is located on Alro Way which is not a through street (a cul-de-sac that dead ends into the freeway). Unlike other similar retail stores, the property is not located on a major arterial street and the location does not make it as easily accessible by vehicle or pedestrian traffic. Given the facility's close proximity to the Interstate 5 freeway, the store relies upon passing freeway traffic to attract customers. In the 1990's when the I-5 Santa Ana Freeway was widened the property lost a significant portion of its frontage. When the property was first built, the entrance to the facility was purposely oriented towards Manchester Avenue, which was the main access road; the freeway widening eliminated the property's frontage along this road. Strict application of the zoning code would deprive the property of privileges enjoyed by other retail properties that do not have these site constraints. CR\PC2006-0 -1- PC2006- 3. That waiver (b) pertaining to maximum letter height for an existing sign is hereby .approved as the site is uniquely constrained by its irregular shape and has been impacted by the widening of the t-5 (Santa Ana) Freeway and the reconfiguration of Manchester Avenue. Additionally, this is the only wall sign on the property and there have been other properties within the Resort area that have been granted a waiver of maximum letter height. Therefore, strict application of the zoning code would deprive the property of privileges enjoyed by properties that do not have these site constrains , 4. 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 FINDING: That the Anaheim Planning Commission has reviewed the proposal to waive (a) continuation and termination of legal non-conforming signs and (b) maximum letter height for a wall sign and has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15311, Class 11 (Accessory Structures), as defined in the State CEQA (California Environmental Quality Act) guidelines and is, therefore, categorically exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Variance, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That the pole sign and message board shall be removed by December 31, 2019: 2. That the subject property shall be maintained substantially in accordance with the sign plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit No. 1 .and as conditioned herein: 3. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal 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 donditions hereinabdve 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 pf 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 15, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution ih 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 chat the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on May 15, 2006, by the foltowing vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of .2006. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION _3_ PC2006- Attachment -Item No. 6 Applicant's Statement of Justification for Variance February 2006 The petitioner requests a waiver of the following Code Sections td retain one business identification pole sign with electronic reader board and one business identification wall sign: SECTION NOS. 18.114.130.060.0603.08, 18.114.130.060.0603.21, 18.114.130.060.0603.04; and 18.114.130.p60.0604 (Exhibit 7.0 A) 1. Are their special circumstances thaEapply to the property fn matters such as size, shape, topography, location or surroundingsT Bergstroms Childrens Store Is located on Alro Way, which is on the border of the Disneyland Resort Specific Plan Zoning District. Unlike other retail stores located in the middle of the district or even off arterial streets, Bergstroms' location does not make it as easily accessible by vehicle or pedestrian traffic. Given Bergstroms' close proximity to the Interstate 5 freeway, the store relies upon passing freeway traffic to attract customers: In the 1990s, when Interstate 5 was widened ih order to ease cdngestion and improve traffic flow to the Disneyland Resort Area, Bergstroms Childrens Stores lost a significant portion of its frontage property. The three primary keys to a successful commercial property are visibility., accessibility and parking. For Bergstroms Childrens Stores, the widening of the freeway significantly reduced two of these key factors, visibility and accessibility, in addition to reducing the size of the property: When first built, Bergstroms' entrance was purposely oriented towards Manchester Avenue, which was the main road with the most amount of traffic (both vehicular and pedestrian). The loss of Manchester Avenuereduced visibility of Bergstroms from street and pedestrian traffic, causing the store to rely heavily upon freeway traffic for customers. The pole sign with reader board and wall mounted sign offsets the loss of the structure's visibility by drawing the attention of passing traffic along the freeway. In addition, the location of Bergstroms Childrens Stores appears less accessible because it is surrounded on one side by the freeway, which hides the entrance to the store and the parking lot from passing vehicles. Without a clear view of the entrance and the ability to see vehicles in the parking lot, potential customers may not know that Bergstroms Childrens Stores is open for business. The pole sign with reader board and wall mounted sign clearly shows that the store is open and operating. in the Disneyland Resort Specific Plan Zone, it states that the zoning "recognizes the uniqueness of the Anaheim Resort as afamily-oriented tourist center destination" and that it is "intended to enhance community appearance...and to aid in the attraction of tourists and other visitors important to the economy of the City." [Anaheim Municipal Section Code No. 18.114.02p, emphasis added]. The Bergstroms Childrens Stores signs have been in place for more than fifteen years and have become an integral part of the store's architecture and tirand image. Allowing the signs to remain would not have a substantial detriment to adjacent property or impair public interest. The signs are attractive and do their part to "aid in the attraction of tourists and other visitors Important to the economy of the City." In fact, Bergstroms attracts customers to neighboring businesses within the vicinity. Additionally, the Bergstroms Childrens Stores' customer base is families with children, the very individuals that the Disneyland Resort Specific Plan Zone was designed to attract. Attachment C -Statement of Justification Page 1 of 3 ,rra r!~. 2006 - 0 4 6 8 1 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? Unlike bigger chain stores, Bergstroms Childrens Stores does not have the luxury of relying upon national advertising to attract a large customer base. In addition to local advertising in newspapers and word-of-mouth, the Bergstroms Childrens Stores in Anaheim relies upon passing freeway traffic to attract tourists and visitors in the area to their store. Earlier this year, two large businesses -The Disneyland Hotel and National Alamo -complied with the Disneyland Resort Specific Plan Zoning regulations and removed their legal nonconforming signs. However, unlike Bergstroms Childrens Stores, these businesses benefit from national advertising and national brandlname recognition. In fact, most of their customers are not drawn to their businesses because of prominent signage. Rather, the Disneyland Hotel and National Alamo build upon brandlname recognition and national advertising to increase their customer base.. For Bergstroms Childrens Stores, replacing the existing signs with signs that would comply with the zoning requirements is not an economically viable option and it would doubly penalize the company. First, given the location of the store and its close proximity to the freeway, relying solely upon wall-mounted signage is a less effective method of attracting business. Second, removing the sign would cause a financial loss of a significant investment. The current pole sign :itself cast upwards of $200,000.. For a corner property, like Bergstroms Childrens Stores, the zoning code allows for one wall sign per each putilic right-of-way frontage as long as only one sign is legible at any time from any point on the adjacent public right-of-way [Anaheim Municipal Code Section No. 18.114 130.060.0601.04]. Bergstroms faces two public rights-of-way-Alto Way and Interstate 5. Alto Way is a cul-de-sac with no other businesses located off it (only a dirt Held). The only other heavily traveled public right-of-way is Interstate 5. Interstate 5 essentially surrounds BergsUoms Childrens Stores. The wall-mounted sign is only visible from the freeway, while the freestanding pole sign is difficult to see from areas other than the freeway and along portions of Clementine Street. It is not immediately visible from other major thoroughfares in the area. 3. Do the special circumstances applicable to the property_deprive it of privileges currently enjoyed by neighboring properties located within the same zone? As mentioned before, Bergstroms Childrens Stores is located on the border of the Disneyland Resort Specific Plan Zoning District. Untike other retail stores located in the middle of the district, Bergstroms Childrens Stores is located along Alro Way, a cul-de-sac with no other businesses to attract potential walk-in customers: Clementine Street (which Alro Way is located directly off) is not as widely used by vehicles as is Harbor Boulevard, Disney Way or Ball Road, nor does Clementine Street get the same amount of pedestrian traffic that these other streets do. Bergstroms Childrens Stores must rely upon passing freeway traffic to maximize advertising potential and draw customers to the store. Removing the pole sign and reducing the size of the wall-mounted sign would significantly reduce their ability to attract customers traveling along the freeway and would threaten the economic viability of the store. 4. Were the. special circumstances created by causes beyond the control of the property owner (or previous property owners?) Attachment C -Statement of Justification Page 2 of 3 LUU6 - Q L} 6 {~ 1 The widening of Interstate 5 significantly reduced the size of Bergstroms' property, as well as ---- visibility and accessibility of the store. Believing that their pole sign with electronic reader board and wall mounted sign directly facing the freeway would attract potential customers, Bergstroms Childrens Stores saw the widening as a great business opportunity. Removing the Bergstroms Childrens Stores signs would destroy the economic viability of the business. For a business like Bergstroms Childrens Stores that does not have national recognition and depends upon freeway traffic to attract customers, a pole sign and additional wall-mounted .sign are necessary to maximize advertising potential and draw customers to the store. Again, the signs are attractive and do their part to "aid in the attraction of tourists and other visitors important to the economy of the City." In addition, the Bergstroms Childrens Store customer base are families with children, the very individuals that the Disneyland Resort Specific Plan Zone was designed to attract. Attachment C -Statement of Justification Page 3 of 3 ~'P R^"?. 2006 - 0 ~. 6 8 1 Item No. 7 W W T = RCL 65-66-22 rn (Res. of Inlenl. to RM-2400) CUP 733 KIMBERLY AVE ~~ p eou4 4 DU RC VAR RM-4 VAR .R 2003 n 04592 „~i, f~ DU ~ / \' I - '°" 1 ~ RM4 I o r n ° czi 1 ~ RCL 56-57-83 j I ~ ~ _ °r 6 DU c ~ VAR 2001-04439 _i ' ~ ~ I VAR 2001-04426 I 0 1 VAR 2000-04421 ~ I 4 DU m ~ VAR 4409 _i I- 0 m = Q 6 DU EACH ~ ¢ ~ I ~~ O I I BOU Q ~N I-{, ~ VAR 200} H RM-4 tt J7p I W i i i i W m 00592 to VAR U I~ 1 p m I I I m d . 2006006,4 ~ W W ' 6DU Q J ~-I J j Q l ~, 1 minim I I U 1 1 ~ U ° t j vevm 0000-1 L] D AR 2003-p ° I 1 I~ 200 003- VAR 00592 o 0 0 a o o D: I 1 00592 NNN 1 I 1 j~ o ~>~ ~ aou ~ s-o~a,4 U j ~ I I I I l ~ ~ ~ I CALL E pE LAS ES T RELLAS - - ~ m T T s ~ CUP 2001-044 UP 2006 OSOB2 _ T-CUP 2000-04 NURSERY I -~ ~ CUP 4165 ~ NURSERY ~ :~ , 5z .x ` SOUTHERN CALIFORNIA EDISON COMPANY PROP RS-2 ~~..~~~i DU EACH~~~~~ CASTER AVE Conditional Use Permit No. 2006-05082 Requested ey: SOUTHERN CALIFORNIA EDISON COMPANY 1650 South Ninth Street Z J J LL (] Z Subject Property Date: May 15, 2006 Scale: 1" = 200' Q.S. No. 66 10043 AGRICULTURE T ~n 1 DU EACH ~_~~ CASTER AVE Dale of Aerial Photo: July 2005 Conditional Use Permit No. 2006-05082 Requested By: SOUTHERN CALIFORNIA EDISON COMPANY 1650 South Ninth Street Subject:Property Date: May 15, 2006 Scale: 1" = 200' Q.S. No. 66 10043 Staff Report to the Planning Commission May 15, 2006 Item No. 7 7a. CEQA NEGATIVE DECLARATION (Motion) 7b. CONDITIONAL USE PERMIT N0. 200ti-05082 (Resdlution)! SITE LOCATION AND DESCRIPTION: (1) This rectangularly-shaped 2.52-acre property has a frontage of 175 feet on the east side of Ninth Street; a maximum deptfi of 631 feet; and is located 139 feet north bf the centerline of Laster Avenue (1650 South Ninth Street). , REQUEST: (2) The applicant requests: approval of a conditional use permit under authority of Code Section No: 18.14.030.040.0402 and 18.38.060 tdpermit a telecommunications antenna on an existing,Southern California Edison (SCE) electrical transmission towerwitHaccessory ground-mounted equipment. BACKGROUND: (3) This property is currently developed with SCE transmission towers and a plant nursery and is zoned T (Transition)'. Zone. The Anaheim General Plan designates this property and Properties td the easfand west for open space land uses. Properties to the north are designated for Medium Density Residentiat land uses'and properties to the south'for Low Density Residential land uses. DEVELOPMENT PROPOSAL: (4) The applicant proposes to construct a telecommunications facility consisting of six (6) sectors with one (1) panel antenna on each sector, on an existing 138-foot high, SCE. transmission tower;. This request also includes aground-mounted accessory equipment shelter located directly beneath the tower within a 361 square foot lease area (5) The site plan (Exhibit No. 1) indicates the 138-foot high tower is located near the western portion of the property; approximately 220 feet from Ninth StreeYand approximately 1,025 feet from Walnut Street. There are currently two {2) transmission towers on the property. There are no other telecommunications antennas located on the proposed tower, but there is another telecommunications facility on the transmission tower adjacent to Walnut Street:. Sr2006-05062k1w.doc Page 1 Page 2 \ , 1 I I __ ' ~~ ' ~~~ j ~ ~~ ( i Elevation of proposed antennas View from Ninth Street (7) The site plan does not propose any additional landscaping. A 15 foot wide existing.'. landscape setback is provided along Ninth Street and Audre Drive/Calle de las Est~alles. (8) 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 which 'would be constructed 48 feet above ground level and a 6-inch tall 3-foot wide GPS antenna affixed to one of the proposed sectors. These would also be painted to match the existing tower. Tfte proposedantennas and brackets would not be flush-mounted: SCE standards do nofallow for antennas to be flush-mounted. According to 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 lease area plan (Exhibit Nb: 4) proposes a 156 square foot equipment area located underneath the existing transmission tower legs. The plans indicate the equipmeht 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 would provide screening of the ground-mounted equipment and security. (10) The applicant's supplemental information statement indicates that Royal Street Communications/Metro PCS is new wifeless carrier to the Southern California region.. This proposal's primary objective is to cover the vicinity of Cerritos Avenue (north), Walnut Page 3 Staff Report to the Planning Commission May 15, 2006 Item No. 7 Street arid neighboring Anaheim Resort {east), Katella Avenue (south); and Euclid Street (west): There 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 wilt cover's much wider area than the aforementioned street boundaries. Coverage and capacity are a function of distance and network customer usage: ENVIRONMENTAL IMPACT ANALYSIS: (11) Staff has reviewed the proposal to permit a telecommunications antenna on an existing SCE eledtrical trahsmissioh tower with accessory ground mounted equipment and the Initial Study (a copy of which is available for review in the Planning Department) and finds no significantehvironmental impact and, therefore, recommends that a NegativeDeclaration 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 cbnsidered the proposed Negative Declaration together with any comments received during the public review process and further finding on the basis of the Initial Study and ahycomment5 `received. that there is no substantial evidence that the project will have a significant effect. on the environment: EVALUATION: (12) Telecommunications facilities"and antennas are permitted in the T Zone subject to the `approval of a conditional use;permit and the requirements of Sectioh No. 18.38.060 !,pertaining to telecommunications antenhasbf Chapter 18:38 (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 bn properties owned by SCE in an effort to improve the aesthetics of the property to thepublic 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: The existing depth of landscaping provided along Ninth Street complies with the franchisee agreement between the City and SCE, therefore staff is not recommending any additional landscaping. (14) The recently updated Zoning Code includes design guidelines and requirements for telecommunication facilities: Code requires wireless communication facilities to be co- located where technologically feasible and visually beneficial. Staff feels "stealth" installations and installation oh existing SCE lattice towers are the bestalternative to decrease visual clutter and preserve the aesthetiCquality of the community: ,The new facility would be located approximately 220 feetaway from Ninth Street and 1,025 feet from Walnut Street, further minimizing the visibility of he proposed antennas ahd equipment location from publid view:. Staff feels the location on the existing SCE transmission tower is the best alternative to decrease visual clutter andpreserve the aesthetic quality of the community and therefore, staff recommends approval of this'request. FINDINGS: (15) 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: Page 4 Staff Report to the Planning Commission May 15, 2006 Item No. 7 (a) That the proposed use is properly one far which a conditional use permit is authorized by the code, or is an unlisted use as defined in Subsection .030 (Unlisted Uses Permitted) of Section 18.66.040 (Approval Authority); (b) That the proposed use will not adversely affect the adjoining land uses and the ', growth and development of the area in which it is proposed to be located; (c) That the size and shape of the site for the proposed use is adequate to alldw the fulP development of the proposed use in a manner not detrimental to the particular area nor 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 in the area; and (e) That the granting of the conditional use permit under the conditions imposed; if any, will not be detrimental to the ,peace, health; safety and general welfare of the citizens of the City of Anaheim.. RECOMMENDATION: (16) Staff recommends that, unless additional or contrary information is received during the meeting, and based upon the evidence submitted to the Commission, including the evidence presented in this staff report, and oral and written evidence presented at the public hearing, the Planning Commission take the following actions: (a) By motion, aoorove a Negative Declaration for the project. (b) By resolution.; approve Conditional Use Permit No. 2006-05082 to permit a telecommunications facility on an existing SCE electric transmission 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. 2006-05082 BE GRANTED (1650 SOUTH NINTH 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: 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 NL, AS PER MAP RECORDED IN BOOK 1, PAGE 33 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 15, 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 applicant's 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 Sectipn 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 Ninth Street 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 putilic 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 antenna on an existing Southern California Edison tower with accessory ground-mounted equipment; and does hereby approve the Negative Cr\PC2006-0 -1- PC2006- 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 safety and general welfare of the Citizens of the City of Anaheim:. 1. That this telecommunications facility shall be limited to no more six (6) sectors with no more than one (1) panel antenna on each sector, a 24-inch diameter microwave dish, and a 6-inch high, 3-inch wide GPS antenna, on the existing electrical lattice tower with accessory ground-mounted equipment. The six (6) antennas shall be limited to an operating center height of 59 feet: No additional antennas or equipment cabinets shall be permitted without the approval of the Planning Commission at a noticed public hearing. Said information shall be specifically shown on the plans submitted by building permits. 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 ground-mounted equipment shall be located entirely within an S-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'mformation 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. &. That before activating this facility, the Operator shalt 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. 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 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 to the antennas or to the transmission tower structure. 15. That a final landscape and equipment enclosure plan indicating an 8-foot high decorative wrought iron fence shall be submitted to the Planning Services Division for review and approval: 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 4 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. 5, 6, 7, and 16, above mentioned,. shall be complied with. 19. That approval of this applidation 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 ahybther 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. 3- PC2006- ', THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 15, 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 15; 2006, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of 2006. SENIOR SECRETARY, ANAHEtM PLANNING COMMISSION -4- PC2006- uern ivo. I RCL 55-56-10 ORANGE COUNTY WATER DISTRICT 0 o I RCL 55-56-10 ~ ~ I 'i' ' ~ RCL 55-56-10 I i ~ v SMALL INDUSTRIAL CL 55-5640 CL 55-56-10: ~ ~ FIRMS I SMALL tNDUSTRIALRCL 55-56-1 ~ i FIRMS { VIA BURTON I I VAR 2584 RCL 55-56-10 ..L 55-56-1 I RCL 55-56-10 334' +®{/ ° W ~ ~ iCL 55-Sfi-111 RCL 55-56-10 'CUP 3086 VAR 2584 CUP 1752 VAR 2584 DPt'Y Sir• 1 DU ' Z RCL 55-56-10 s j e Q .L FIRMS Q 55-56-10 ~ /~ 2 25841 RCL 55-56-10 I ~ Z VAR 2584 / U SMgCC RCL 55-56-10 ~ VAR 2564 i ~ ~ Q ~~o~ I 55-56-10 I ~~~ t 2584/ VAR 2584 a ~~ RCL 55-56-10 ti ~ ~ ~7R1gC FARMS .~ ~ e T. _ W e~4 Conditional Use Permit No. 2006-05086 Requested By: LOGAN LTD PARTNERSHIP 2278 East Via Burton Street ~~ Dn. 3pU N Subject Property Date: May 15, 2006 Scale: 1" = 200' Q.S. No. 110 1ooa1 Date of Aerial Photo: July 2005 Conditional Use Permit No. 2006-05086 Requested By: LOGAN LTD PARTNERSHIP Subject Property Date: May 15, 2006 Scale: 1" = 200' Q.S. No. 110 2278 East Via Burton Street fooa~ Staff Report to the Planning Commission ', May 15. 2006 Item No. 8 Sa CEOA fJEGATIVEbECLARATION (Motion) Sb. CONDITIONAL USE PERMIT NO: 2006-05086 (Resolutioh) SITE LOCATION AND DESCRIPTION: (i) This irregularly-shaped 1.11 acre parcel has a frontages of 154 feet on the west side of Placentia Avenue and 334 feet on the south side of Via Burtdh Street and is located at the. southwesfcorner of Via Burton Street and PlacentiaAveriue (2278 East Via Burton Street). REQUEST: (2) The applicant requests approvalbf a conditional use permit under authority of Code Sectiort 18.10:030:040.0402 and 18.38.060 to permit the co-location bf six additional `antennas and accessory ground-mounted "equipment on an existing legal non-conforming telecommuhications monopole facility. BACKGROUND: (3) This property is currently developed with amulti-tenant single story industrial tilt-up building ahd a legal non-conforming telecommunications facility and is zoned f Qndustrial Zone). The Anaheim General Plan designates this property and properties to the north„south, and west for Industrial land uses. Properties to east are within the City of Placentia (4) There are ho previous zoning actions thatpertain to this property. DEVELOPMENT PROPOSAL: (5) The applicant proposes co-locate six additional antennas (siz sectors with one antenna per sector) on an existing 99-foot high legal non-conforming telecommunications monopole and construct an associated ground mounted equipmentarea. This request also includes land.. use conformity for the existing 99-foot high telecommunications facility(three sectors with four ahtennas per sector) and ground-mounted equipment located within one of the tenant spaces of the building. This existing facility was approved on May 12~ 1992 (prior to the establishment of the conditional use :permit process for this type of use). (6) The site plan (Exhibit No. 1) indicates the 99-foot high tower is located near the southern portion of the property (behind the existing tilt-up building); approximately 86 feet from Via Burton Street and approximately 165 feet from Placentia Avenue. (7} . The enlarged site plan (Exhibit No 2) reflects a 252 square foot equipment area containing four base transceiver station (BTS) units, power and phone connection cabinet (PPC) and global positioning system (GPS) antenna. The equipment area would be located south of the existing pole, adjacent to the southp~operty line within two existing parking spaces (29 spaces required; 47 spaces provided on site). The area would be enclosed within asix-foot high chain link fence with barbed wire atop the fence for additional security: Code permits chain link fencing mound ground-mounted equipment and barbed wire in the I zone where it is not visible to the public right-of-way. Code requires all portions of associated equipment to be located a minimum of five (5) feet from any interior property line: Staff has. included a condition of approval requiring the equipment area be reconfigured to maintain a minimum five-foot setback to the property line.. Srcup2006-05086jpcdoc . Page 1 Staff Report to the Planning Commission May 15, 2006 ', Item No. 8 (8) The elevation plans and photo simulations (Exhibit Nos. 3 and 4) indicate that antennas would be placed afan operating center 60 feet above ground level. Page 2 Staff Report to the Planning Commission. May 15, 2006 Item No. 8 Pv~~ ~._.~ _e ~~ ®.y t rr ; e P~ e °m .Elevation of proposed antennas 4 v ~~,~ Proposed ~~ ,a ~ wk 4 r antennas „ ~ ~" _w ~ ~ ~, ,,, ,, ` ~~# > t ; `~'~ ~; ~ ~ ~' ~ r , v sw n ~,t~ av rTw~j 4l R'"f ~Z ~ ~~~ # F.~l ~%n S~ ~ / '' ,J`~ ...' ~'iy f .- f°"~ "cUr »y, ~`' `"`tom '~ r~ y ~u p~~~lt~l~5 ~w ^~ SX '~ Photo-simulation bf view from Placentia Avenue: Page 3 Staff Report to the. Planning Commission May 15, 2006 Item No. 8 (9) No new Iandscaping is proposed. A 15 to 25 foot wide existing landscape setback is provided along Placentia Avenue with an approximately 1-foot landscaped setback along Via Burton Street (10) The antenna layout plan (Exhibit No. 2) indicates the panel antennas ere five (5) feet in height by one (1) foot h width and four (4j inches in depth. The antennas would be painted to match the existirg pole. Also proposed is a 6-inch high, 3-inch wide GPS antenna affixed to one of the BTS units within the equipment area. This GPS antenna would be painted to matcR the existing equipment. The proposed antennas and brackets would be Flush-mounted to the existirg pole to minimize visual impact:. (11) The applicant's supplemental information statement indicates that Royal Street Communications/Metro PCS is a new wireless carrier to the Southern California region. This proposal's primary objective is to cover the vicinity of SR 91 {south), Orangethorpe Avenue (north),!Placentia Avenue (east), and State College Boulevard (west). There are surrounding sites thatare planned that will integrate with this particular site, as the network.. develops, As sites begin to go "on air'; this site wilt cover a :much wider area than the aforementioned street boundaries. Coverage and capacity are a function bf distance and network customer usage. ENVIRONMENTAL IMPACT ANALYSIS: (12) Staff has reviewed the proposal for a telecommunications facility and the Initial Study (a copy of which is available for review to the Planning Department) and finds no stghificant environmental impact and,. therefore, recommends: that a Negative Declaration be approved upon a finding by the Planning,Commission thafthe Negative Declaration reflects the independent judgment of the lead agency; and that it has considered the proposed Negative Declaration together with ahy comments received during the public review process and further finding on the basisbf the Initial Study and any comments received that there is ho substantial evidence that the project wilt have a significant effect on the environment. EVALUATION: (13) Telecommunications facilities and antennas are permitted in the I 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). (14) The recently updated Zoning Code includes design guidelines and requirements for telecommunicatidn facilities. Code requires wireless communication facilities to be co- located where technologicallyfeasibie and visually; beneficial: Since this proposal is a co- location, staff believes there will be minimal aestfietic impact in the immediate vicinity. The equipment for the new facility would be located approximately 165 feet away from Placentia Avenue with a landscaped setback of 15-25 feet and located completely behind the existing building, further minimizing the visibility of the proposed equipment location from public view. Staff feels the co-location on the existing pole is consistent with intent of the Code tb decrease visual clutter and preserve the aesthetic quality of the community and therefore, recommends approval of this request. Page 4 Staff Report to the Planning Commission May 15, 2006 Item No. 8 FINDINGS: (15) 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 is 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 of the site proposed for use is adequate to allow the full development of the proposedLse 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 in the .area; and (e) That the granting of the conditional use permit under the conditions imposed, if any, will ndt be detrimental to the health and safety of the citizens of the City of Anaheim: RECOMMENDATION: (16) Staff recommends that, unless additional or contrary information is received during the meeting; and based upon the evidence submitted to the Commission, including the evidence presented. in this staff report, and oral and written evidence presented at the public hearing, the Planning Commission take the following actions: (a) By motion, approve a Negative Declaration forihe project. (b) By resolution, aoorove Conditional Use Permit No. 2006-05086 to permit {co- locate) six additional antennas and accessory ground-mounted equipment on an existing legal non-conforming telecommunication monopole facility, and land use conformity for the existing 99-foot high telecommunications facility (three sectors with four antennas per sector) and ground-mounted equipment located within one of the tenant spaces of the building, 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. 2006-05086 BE GRANTED (2278 EAST VIA BURTON 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: PARCEL L THAT PORTION OF LOT 6 OF SOUTH PLACENTIA TRACT NO. 2, AS PER MAP, THEREOF RECORDED IN BOOK 5, PAGE 42 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: PARCEL NO. 1, AS SHOWN ON A MAP FILED IN BOOK 52, PAGE 25 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. PARCEL 2: ANON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER THE EASTERLY 15.00 FEET OF THE NORTHERLY 155.00 FEET OF THAT PORTION OF LOT 6 OF THE SOUTH PLACENTIA TRACT NO. 2 AS SHOWN ON A MAP RECORDED IN BOOK 5, PAGE 42 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF VIA BURTON STREET, AS pESCRIBED IN THE DEED TO THE CITY OF ANAHEIM RECORDED SEPTEMBER 3, 1959 IN BOOK 4868, PAGE 525 OF OFFICIAL RECORDS, OF SAID COUNTY, WITH THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF THE LAND CONVEYED TO BERT BLEDSOE, AND OTHERS, RECORDED MARCH 6, 1964 IN BOOK 6952, PAGE 67 OF OFFICIAL RECORDS; THENCE NORTH 89° 56' 44" EAST, ALONG SAID CENTERLINE, 220.00 FEET TO THE. TRUE POINT OF BEGINNING; THENCE SOUTH 00° 03' 16" EAST 323.00 FEET TO THE SOUTHERLY LINE OF THE LAND DESCRIBED IN PARCEL 2 OF THE , DEED TO HOUSTON LAND COMPANY RECORDED MARCH 1, 1957 IN BOOK 3821, PAGE. 285 OF SAID OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY OF SAID HOUSTON , LAND COMPANY LAND, NORTH 89° 56' 44" EAST, 192.08 FEET, AND NORTH 00° 03' 16" WEST 145.42 FEET TO AN ANGLE POINT IN SAID BOUNDARY; THENCE CONTINUING NORTH 00° 03' 16" WEST 177.58 FEET TO THE WEST 192.08 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THE NORTHERLY 30.00 FEET THEREOF WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 15, 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 applicant's proposal to co-locate six additional antennas (six sectors with one antenna per sector) on an existing 99-foot high legal non-conforming telecommunications monopole facility and associated ground mounted equipment area, and land use conformity for the existing 99-foot high telecommunications facility (three sectors with four antennas per sector) and ground mounted equipment Cr\PC2006-0 -1- PC2006- located within one of the tenant spaces of the building are properly ones for which a conditional use permit is authorized by Anaheim Municipal Code Section Nos. 18.10.030.040.0402 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 telecommunications facility reducing the cumulative visual clutter of such facilities by using an existing facility as encouraged by Code. The equipment for the new facility would be located approximately 165 feet away from Placentia Avenue with a landscaped setback of 15-25 feet and located completely behind the existing building, further minimizing the visibility of the proposed equipment location from public view.. 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 telecommunications facility tower and equipment area within two existing parking spaces on the property (28 parking spaces are required for the use; 47 spaces are. provided). 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 theirp~esence 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 td co-locate six additional antennas (six sectors with one antenna per sector) and accessory ground-mounted equipment on an existing legal non-conforming - telecommunication monopole, and land use conformity for the existing 99-foot high telecommunications facility (three sectors with four antennas per sector) within one of the tenant spaces of the 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 projectwill 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 than six (6) sectors with no more than one (1) panel antenna on each sector, and a 6-inch tall 3-inch wide GPS antenna, on the existing. telecommunications facility and accessory ground-mounted equipment. The six (6) antennas shall be limited to to an operating center height of 60 feet, Said information shall be specifically shown on the plans submitted for building permits. No additional antennas or equipment cabinets shall be permitted without the approval of the Planning Commission at a noticed public hearing. 2. That the existing telecommunications facility shall be limited to no more than three (3) sectors with no more than four (4) panel antennas on each sector and accessory ground-mounted equipment. The twelve {12) antennas shall be limited to a height of 99 feet. No additional antennas or equipment -2- PC2006- cabinets shall be permitted without the approval of the Planning Commission at a noticed public hearing. 3. That the antennas shall be finished and painted to match the existing pole structure. If the finish or color of the pole is modified, the antennas shall be modified accordingly. The equipment cabinets shall be painted anon-reflective/glare reducing color to minimize visibility from the public right of way. Said information shall be specifically shown on the plans submitted for building permits. 4. That that configuration of the ground-mounted equipment shall be such that no equipment cabinets will be located closer than five feet from the southerly property line 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. 5. 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. 6. 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..... 7. 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. , 8. 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. 9. 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. 10. That should this telecommunication facility be sold, the Planning Services Divisions shall be notified within 30 days of the close of escrow. 11. That portion of the property being leased to the telecommunication provider shall be permanently maintained in an orderly fashion through the provision pf regular maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. 12. That no signs, flags, banners, or any other form of advertising shall be attached to the antennas or to the transmission tower structure. 13. 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. 14. 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. 15. 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. -3- PC2006- 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 4 and as conditioned herein. 17. That prior to issuance of a building permit, or within a period ofbne (1) year from the date of this resolution, whichever occurs first, Condition Nos: 1, 3, 4, 5, 13 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, 8 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 15, 2006. Said resolution is subject to the appeal provisionssefforth in Chapter 18.60, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- 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 15, 2006, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of 2006. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION _5_ PC2006- Item No. 5 q.i w Ot- 6 SP y l G` 66. `41 R b -2 4 61.2 °n SP 94.4 RCL 4 RC 1 2 2 55 0.G ~~ b6~1' R CUP 235 p\E5 .c .6g-6 ~ rt SMp}.1. P p 1NpU F P ; q c F S 66~ Z R GUP 331 ~ 0. f 94-~ 9P SP gqA OP1P 4 GUP ~q42 GUR425q ~ 0.' 5F 51 b2~.241 U 666 2 0.~i14 Z5~~ p VP ~6625 ~4 G 2 6 RC Cl lb RVPR 23 CUP 42 CUR4254 P i pUP GUP X344 N SP 94-1 VP POSPF- D j G R4Z54 ~ VP RCL 66, 67-24 ~ SDP1P 25 11 OEPO PN~R~GK ~ RCL 66-67-25(1) G-66-6161-24 CUP 200fi-05067 P Gt-66 44 23 R SP 4-1 pP4 b1-24 VPR -ECOMMUNICATION ANTENNA P 9~F 0.G1.p33'I2 UUP ;q2 \\ S 4 OP b~.2 > GUP 5q ~'2 HOUSE WARE 0.~~p 232 GUP 442 VPP~ \ \ GUP ~425i TI ~P~ SP 9y1 25 l4~ m t,. 01666 761.24 w ~ FtGLPH 2344 ~ oNPDO 4 SCREE N L GOR ~a SDA1A~ Spp4P~ ~ ~ 62CL 66-67-25 (3) C R2E CS`> • CUP 1903 VP ~ T ,VAR 2556 a WORLD ®WASTE nib t 'per ~~~ ~~ ~~ Conditional Use Permit No. 2006-05087 Requested By: EMS REAL ESTATE CONSORTIUM 2711 East Coronado Street 5pp1P VPR 75fib~ No ME5 SP 94~. pP~~67 24 Rv PR 3542 4 V PR 2623 S R~ c1~Y H,pt CP SP 9q 1 RGt- 66 61 RGU 56-67 24 SP 94-4 OP4P 56161 RG`"69 ~6~5g7 1441 RGl6B 66.61'24 ~ GUP 3266 GUP 260 GUP 2549 V P P 2396 /\ GUP 4143 //!/~\\l PNPHE M DtSPGSP` ^~ ~ Subject Property Date: May 15, 2006 Scale: 1" = 200' Q.S. No. 121 iooaz Conditional Use Permit No. 2006-05087 Requested By: EMS REAL ESTATE CONSORTIUM 2711 East Coronado Street Subject Property Date: May 15, 2006 Scale: 1" = 200' O:S. Plo. 121 fooaz Date of Aerial Photo: Staff Report to the Planning Commission May 15, 2006 Item No. 9 ,.._ 9a. CEQA NEGATIVE DECLARATION (Motion) 9b. CONDITIONAL USE PERMIT NO: 2006-05087 (Resolution) SITE LOCATION AND DESCRIPTION:' (1) .This irregularly-shaped 0:18-acre property has a frontage of 90 feet on the north side of Coronado Street, a maximum depth of 295 feet; and is located at the terminus of Coronado .Street (2711 East Coronado Street). REQUEST: (2) The applicant requests approval of a conditionat use permiEunder authority of Code. Section 18.10.030.040.0402 and 18.38.060 to permit (co-locate) six additional antennas and accessory ground-mounted equipment on an existing legal non-conforming telecommunication monopole facility. BACKGROUND: (3) This property is currently developed with a single story industrial tilt-up building and legal Hornconforming telecommunications facility and is zoned SP94-1 DA1A (Northeast Area s Specific Plah -Industrial Area Recycling Overlay Area). The Anaheim Geheral Plar designates this property and properties to the north; south, and east for Industrial land uses. The SR-91/57 Freeway interchange is west of the site. (4) There are no previous zoning actions that pertain to this property. DEVELOPMENT PROPOSAL: (5) The applicant proposes to co-locate six additional antennas (six sectors with one antenna per sector);on an existing 59-foot high legal non-conforming telecommunications monopole` and associated ground-mounted equipment area This request also includes land use conformity for the existing 59-foot high telecommunications facility (three ectors with four ahtennas per sector) and ground mounted'equipment. This existing facility was approved prior to the'requiremeht of a contlitional use permit for this type of use. (6) The site plan (Exhibit No. 1) indicates the 59-foot high tower is located near the center of the'property, approximately 67 feet from Coronado Street and approximately 18 feet from the west property line (adjacent to the freeway right-of-way). Srcu p2006-05087jpr.doc Page 1 Staff Report to the Planning Commission May 15, 2006 Item No. 9 (8) The elevation plans ahd photo simulations (Exhibit Nos. 3 and 4) indicate that antennas would be placed et an operating center 45 feefabove ground level. ; Page 2 Staff Report to the ', Planning Commission May 15, 2006. Item No. 9 ~d° 8 8 ,~ Elevation of proposed antennas .: zf .. rr .'~.~r~ war „,~~~~~ .1s~,~~~'~~sr~c.~~`3`'u.~s~^E Proposed Antennas ~~~,~,~ ~~~s ;, ,u,, ~~ ~ ' a I'r 'a r'q, r~~~~` cz~" ,t."'~,`'~ F ro a .rt ='f -!f~~?r,&~,T%~d ~` a~'.h ,/ emu. ~ y~ - +"~yg r,~~., ~, j Proposed Egwpment ~< ~~ ~ `~ i F - ~e F+ sa. M1'rz.S p Ft'geSC .` f'F^~~' F IN r _s, y/a . ->r Photo-simulation view from SR-91 Freeway (9) No new landscaping. is proposed as part of this request. Except for the driveway access, the area between the street and the facility is fully landscaped:- (10) The antenna layout plan (Exhibit No. 2) indicates the pane( antennas are five (5) feet in height by one (1) foot in width and four (4) inches in depth: The antennas would be painted Page 3 Staff Report to the Planning Commission May 15, 2006 Item No. 9 to match the existing pole.'Also proposed is 6-inch tall 3-inch wide GPS antenna affixed to one of the BTS obits within the equipment area. This GPS antenna would be painted to match the existing equipment The proposed' antennas ahd brackets would be flush- mounted to the existing pole to minimize visual' impact. (11) The applicant's supplemental information statement indicates that Royal Street Communications/Metro PCS is a new wireless carrier to the Southern California region: This proposal's primary objective is tb dover the vicihitycf SR-91 and SR-57 :Freeways. There are surrounding sites that are planned that will integrate with this particular site, as the network develops: As sitesbegin to go "on air', this site will cover a much wider area than the aforemehtioned street boundaries Coverage and capacity are a function of distance and network customer usage: ENVIRONMENTAL IMPACT ANALYSIS: (12) Staff has reviewed the proposal for a telecommunications 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,Yecommehds that a Negative Declaration be approved upon a finding by the Planning: Commission thattte: 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 he basi5of the Initial Study and any commehts received that. there is no substantial evidence that the project will have a significant effect on the environment EVALUATION: (13) Telecommunicatiorts facilities and antennas are permitted ih the I Zonesubject to the approval bf a conditional use'permit and the requirements of Section`18.38.060 pertaining to telecommunications antennas of Chapter 18.38 (Supplemental Uses). (14) The recently updated Zoning Code includes design guidelines and requirements for telecommunication facilities. `Code requires wireless commuhication facilities td be co- located where tecfinologically feasible'and visually beneficial'. Since this proposal is a co- location'and the antennas would be flustr-mounted and paihted to match the existing monopole, staff believes there will be minimal aesthetic impact in the mmediatevicinity. The equipment for the new facility would be located approximately 74 feet away from Coronado Street in an area that is fully Jandscaped, further minimizingthe visibility of the proposed equipment location from public view. Staff feels the co-location on the existing pole is donsistenfwith intent of the Code to decrease visual'clutter and preserve the aesthetic quality of the community and therefore,: staff recommends approval of this request. FINDINGS: (15) Before the Planning Commission grants any conditional use permit, it must make a finding of fact that the evidencepresehted shbws that all of the following conditions exist: Page 4 Staff Report to the Planning Commission May 15, 2006 Item No. 9 (a) That the proposed use is 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 of the site proposed for use is adequate td allow the full 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 in the area; and (e) That the granting of the conditional use permit under the conditions imposed, if any,. will not be detrimental to the health and safety of the citizens of the City of Anaheim. RECOMMENDATION: (16) Staff recommends that, unless additional or contrary information is received during the meeting, and based upon the evidence submitted to the Commission, including the evidence presented in this staff report,. and oral and written evidence presented at the public hearing; the Planning Commission take the following actions: (a) ' By motion, approve a Negative Declaration for the project. (b) By resolutioh, approve Conditional Use Permit No. 2006-05087 to permit (cp-locate). six additional antennas on an existing legal non-conforming telecommunication monopole facility and accessory ground mounted equipment, and land use conformity for the existing 59-foot high telecommunications facility (three sectors with four antennas per sector) and 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. 2006-05087 BE GRANTED WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as THAT PORTION OF LOT 11 1M BLOCK 10 OF THE KRAEMER TRACT, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE; STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 12, PAGES 87 AND 88 OF MISCELLANEOUS RECORDS, IN THE' OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED AS PARCEL 2 AND ACQUIRED BY THE STATE OF CALIFORNIA, DEED RECORDED IN BOOK 8063, PAGE 473 OF OFFICIAL RECORDS IN THIS OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY;. THENCE ALONG THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID PARCEL 2, SOUTH 01° 32' 22"WEST. .208.52 FEET; THENCE SOUTH 09° 11' 38" EAST 56.85 FEET TO A TANGENT CURVE HAVING A RADIUS OF SS.OO FEET IN THE WESTERLY BOUNDARY. OF PARCEL 1 OF STATE HIGHWAY RELINQUISHMENT NO. 693, RECORDED IN BOOK 9010, PAGE 698 OF OFFICIAL 'RECORDS OF LAST SAID COUNTY, THENCE NORTHERLY AND EASTERLY. ALONG THE. BOUNDARY OF SAID PARCEL 1 OF SAID RELINQUISHMENT THROUGH AN ANGLE OF 89° 0T 18", AN ARC DISTANCE OF 85.65 FEET AND SOUTH 78° 16' 41" EAST. 10.38 FEET TO A POINT WHICH IS ALSO THE NORTHWESTERLY CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED AS PARCEL 1 IN SAID DEED RECORDED IN BOOK 8063, PAGE 473 OF OFFICIAL RECORDS; THENCE NORTHERLY ALONG THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF LAST SAID PARCEL 1, NORTH 15° 58' 26"WEST TO THE POINT OF BEGINNING. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 15, 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 18.66.040.030, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and 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's proposal to co-locate six additional antennas (six sectors with one antenna per sector) on an existing legal non-conforming telecommunication monopole facility and associated ground mounted equipment area, and land use conformity for the existing 59-foot high telecommunications facility (three sectors with four antennas per sector) and ground mounted equipment are properly ones for which a conditional use permit is authorized by Anaheim Municipal Code Section Nos. 18.10.030.040.0402 .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 telecommunications facility reducing the cumulative visual clutter of such facilities by using an existing facility as encouraged by Code; and the equipment far the new Cr\PC2006-0 -1- PC2006- facility would be located approximately 74 feet from Coronado Street in an area that is fully landscaped, further minimizing the visibility of the proposed equipment location from public view. 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 telecommunications facility tower. , 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 (co-locate) six additional antennas on an existing legal non- conforming telecommunications monopole facility and associated ground mounted equipment area, and land use conformity for the existing 59-foot high telecommunications facility (three sectors with four antennas per sector) and 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 commehts received dining the public review process and further finding on the basis of the initial study and ahycomments received that there is no substantial evidence that the project will have a significant effect do the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That this telecommunications facility shall be limited to ho more than six (6) sectors with no more than one (1)panel antenna on each sector, and a 6-inch tall 3-inch wide GPS antenna, on the existing telecommunications facility and accessory ground-mounted equipment, The six (6) antennas shall be limited to a height of 48 feet. Said information shall be specifically shown on plans submitted for building permits. No additional antennas or equipment cabinets shall be permitted without the approval of the Planning Commission at a noticed public hearing. 2. That the existing telecommunications facility shall be limited to no more than three (3) sectors with no mare than four (4) panel antennas on each sector and accessory ground-mounted equipment. The twelve (12) antennas shall be limited to a height of 59 feet; No additional antennas or equipment cabinets shall be permitted without the approval of the Planning Commission at a noticed public- hearing. 3. That a final plan shall be submitted to the Planning Services Division, reflecting the following: o That the antennas shall be finished and painted to match the existing pole structure. If the finish or color of the pole is modified, the antennas shall be modified accordingly. o That the equipment cabinets shall be painted anon-reflectivelglare reducing color to minimize visibility from the public right of way. -2- PC2005- o That the chain link fencing shall be entirely interwoven with PVC, simulated wood slats, or other durable material permitted by the Zoning Code. o That all barbed wire/razor wire shall be installed such that it is not visible from the public right-of-way. Said information shall be specifically shown on the plans submitted by building permits. 4. That all equipment, including supply cabinets and power meter shall be screened from the public right- oF-way. Said nfprmation 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 far 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. 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 withih 30 days of the close of escrow_ 10. That portion of the property being leased to the telecommunication provider shall be permanently maintained in an orderly fashion through the provision of regular maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. 11. That no signs, flags, banners, or any other form of advertising shall be attached to the antennas or to the transmission tower structure. 12. 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. 13. 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. 14. 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. 15. 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 4 and as conditioned herein. 16. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 3, 4, 12 and 14, 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. _3_ PC2006- 17. That prior to final building and zoning inspections, Condition Nos. 5, 6, 7 and 15, above mentioned, shall be complied with. 18. 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 atthe Planning Commission meeting of May 15, 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 15, 2006, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS:- 1N WITNESS WHEREOF, I have hereunto set my hand this' day of 2006. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2006- Item No. 10 I RCL 53-54-19 ANAHEIM UNION HIGH SCHOOL DISTRICT Anaheim Plaza Redevelopment Area I RCL 53-54-19 T-VAR 2002-04509 VAR 2002-04484 SMALL IND. FIRMS RCL 53-54-19 CUP 3070 VAR 3404 SMALL IND. FIRMS I RCL 53-54-19 VAR 3404 SMALL IND. FIRMS PENHALL WAY I RCL 51-52-3 U.S. POSTAL IND. BLDG. FACILITY J :,,, '' ri;,,...~4 Subject Properly Conditional Use Permit No. 2006-05085 Requested By: THE ROMAN BISHOP OF ORANGE 412 North Crescent Way Date: May 15, 2006 Scale: 1" = 200' Q.S. No. 46 to6ao ADJ 0117 CUP 2001-04374) S .THOMASKOREAN CATHOLIC CENTER I RCL 65-66-6fi RCL 53-54-19 PENHALL COMPANY 0 0 v I RCL 65-6E66 RCL 53-5419 PENHALL COMPANY Dale of Aerial Photo: Julv 2005 Conditional Use Permit No. 2006-05085 Requested By: THE ROMAN BISHOP OF ORANGE 412 North Crescent Way Subject Property Date: May 15, 2006 Scale: 1" = 200' Q.S. No. 46 10040 Staff Report to the Planning Commission May 15. 2006 Item No. 10 10a. CEQA NEGATIVE DECLARATION (Mdtion) 10b. CONDITIONAL USE PERMIT NO. 2006-05085 (Resolution).. SITE LOCATION AND DESCRIPTION:.: {1) This irregularly-shaped 4.8-acre parcel has a frontage of 670 feet on the east side of Crescent Way, a maximum depth of 468 feet and is located 400 feet north of the centerline of Penhall Way (412 North Crescent Way). REQUEST: (2) The applicant requests approvafof a conditional use permit under authprity of Code Section Nos. 18.10.030.040.0402 and 18.38.060 to permit a telecommunications facility on an existing lattice tower with accessory ground-mounted equipment. BACKGROUND: (3) This property is currently developed with ah existing church and is zoned I (Industrial). The Anaheim General Plan designates this property for Low-Medium Density Residential land uses. The property to the west is designated for Low-Medium Density Residentialland uses, to the south and east for'Industrial land uses, and to the north is the Santa Ana (I-5) Freeway. PREVIOUS ZONING ACTIONS: (4) The following zoning actions have occurred on the subject property: (a) Conditional Use: Permit No. 2006-05075 (to permit a new:15,502 square foot church and to convert an existing 29,100 square foot building into meeting rooms; youth center ahd administrative offices with waiver of minimum number of parking spaces). is scheduled foF the May 15, 2006, Planning Commissidn meeting.' (b) Conditional Use Permit No. 3724 (to permit an' approximately 29,100 square foot church facility within an existing building in the Industrial Zone) was approved by the Planning Commissidn on November 14, 1994. On April 24; 2000, a request to allow the use of a storage building fdr social use after church (Tracking Noi CUP2000- 04210) was approved by the Planning Commission: A request to permit the placement of two modular units for religious education (Tracking No. CUP2001- 04374) was withdrawn by the applicant on July 16 200E ', {c) Administrative Adjustment No. 117 (to permit a 6-foot high wrought iron fence with pilasters) was approved by Zoning Administrator on December 5, 1996. Sr2006-05085k1w.doc Page 1 Staff Report to the Planning Commission May 15, 2006: Item No. 10 DEVELOPMENT PROPOSAL: (5) The applicant proposes to oohstruct telecommunications antennas consisting of six (6) sectors with one (1) panel antenna on each sector, on an ezisttng 100-foot high. lattice tower. This request also includes aground-mounted accessory equipment shelter located: directly beneath the owes within a 324: squarefoot lease area: (6) The site plan (Exhibit No: 1) indicates the 100-foot high tower is located at the northern portion of the property; adjacent to the parking lot for the existing church; approximately 250 feet west of Crescent Way and south of the Interstate 5 Freeway. ~° ~-~ ,~ ; ~~ w ~~~~ k ~~ v~ ~~~ _... ~' r ~~'u ~~ Proposed "~~ ~ ~~ Antennas s _ .. ~ ~ - ' ~ Proposed _. c ............... Staff Report to the Planning Commission May 15, 2006 Item No. 10 Proposed a..___ _ Antennas ~ a` ~~ I Existing ,~, Microwave f Dishes: -. -°"'~ ~~ ~ . y r Proposed --_~ 4 Antennas ~ ~ .p Proposed ~ ` s 3 : • , Equipment Location ~ ~ z y s ~~ ~ ~ ~' ~~ ~:,; ~5' F 1 3 ~r ~ 1 E levation of the proposed antennas Photo-simulation of proposed antennas (8) The site plan does not propose any additional landscaping. A site visit indicated an existing six (ti) foot high wrought iron fence around the lattice tower adjacent to the parking lot, approximately 250 feet from the'driveway from C~escentAvenue. Staff recommends the addition of shrutis in frontof the wrought iron fence or other solid material bn the fence to screeh the proposed accessory.ground-mounted equipment. Page 3 Staff'Report to the Planning Commission May 15, 2006 Item No. 10 _.. a much wider area than the aforementioned street boundaries. Coverage and capacity are a function of distance and network customer usage. ENVIRONMENTAL IMPACT ANALYSIS: (12) Staff has reviewed the proposal to permit a telecommunications facility on an existing lattice tower with .accessory ground-mounted equipment and the Initial Study (a copy of which is available for review in the Planning Department) and finds no significant environmental impact and, therefore, recommends that a Negative Declaration be approved upon a finding by the Planning Commissidn hat the Negative Declaration reflects the independentjudgment of the lead agency; and that it has considered. the proposed Negative Declaration together with any comments received during the 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. EVALUATION: (13) Telecommunications facilities and antennas are permitted in the 1 Zonesubject to the approval of a conditional use permit and the requirements of Section 18.38.060 pertaining to telecommunicatiphs ahtennas of Chapter 18.38 (Supplemental Uses).: (14) The recently updated Zoning Code includes design guidelines and requirements for' telecommunication facilities.: Code requires wireless communication facilities to be co- located where technologically feasible and visually beneficial, Staff feels "stealth" installations and installations on existing lattice tdwers are the best alternative td decrease. visual clutter and preserve the aesthetic quality df the community. The proposed facility is located at the Year of an existing churcFahd neighbors industrial properties, and staff feels co-locating on the existing lattice tower is the best alternative to decrease visual clutter and preserve the aesthetic quality of the community, therefore staff recommends a royal of this request. FINDINGS: (15) 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 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); (bp That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located; (c) That the size and shape of the site for the proposed use is adequate to allow the full development of the proposed use ih a manner not detrimental to the particular area ', nor health and safety; Page 5 Staff Report to the Planning Commission May 15. 2006 Item No. 10 (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 inlhe 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 City of Anaheim. RECOMMENDATION: (16) Staff recommends that, unless additional or contrary information is received during the meeting; and based upon the evidence submitted to the Commission, including the evidence presented in this staff report; and oral and written evidence presented at the :..public hearing; the Planning Commission take the following actions; (a) By motion, approve a Negative Declaration for the project. (b) By resolution, approve Conditional Use Permit No. 2006-05085 to permiYa telecommunications facility on an existing lattice tower with accessory ground- mounted equipmeht;'by adopting the: attacfied 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. 2006-05085 BE GRANTED WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California; described as: THAT PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:. BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF THE SAID WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 8 WITH THE SOUTHWESTERLY LINE OF THE SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY, 70.00 FEET WIDE,. THENCE ALONG THE SAID EASTERLY LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION S, SOUTH 0° 08' 3T+ EAST 412.72 FEET; THENCE AT RIGHT ANGLES SOUTH 89° 51' 23" WEST 400.00 FEET; THENCE NORTH 0° 08' 37"WEST 676.28 FEET TO THE SAID SOUTHWESTERLY LINE OF SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY; , THENCE ALONG THE SAID SOUTHWESTERLY LINE OF SOUTH 56° 45' 46" EAST 479.00 FEET TO THE POINT OF BEGINNING. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the. City of Anaheim on May 15, 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 applicant's 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. 18.10.030.040.0402 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 lattice tower 250 feet from the closest public street reducing the cumulative visual clutter of such facilities by using existing infrastructure. 3. ' That the size and shape of the site inadequate 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 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 effective wireless communications network system in a manner that would blend in with the existing. facilities. Cr\PC2006-0 -1- PC2006- 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 existing1attice 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, SE IT RESOLVED that the Anaheim Plahning 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 telecommunications facility shall be limited to rid mdse than six (6) sectors with no more than one (1) panel antenna on each sector on the existing lattice tower and accessory ground-mounted equipment. 'The six (6) antennas shall be limited to a to an operating center height of 61 feet. No additional antennas or equipment cabinets shall be permitted without the approval of the Planning. Commission ata noticed public hearing. Said information shall be specifically shown on the plans submitted by building permits: 2. That the antennas shall be finished and painted to match the existing 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 behind the existing 6-foot high 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. 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 and/or landscape screening of all pad.mounted equipment shall be required and shall be specifically shown on plans submitted for building permits. -2- PC2006- 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. 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 to the antennas or to the transmission tower structure. 15. That a final plans indicating the existing 6-foot high decorative wrought iron fence with the addition of solid screening to screen the equipment. Said information shall be specifically shown on plans submitted for building permits. Any decision by staff regarding said plans may be appealed to the Planning Commission as a Reports and Recommendations item. 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, 11, 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. 5, 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. -3- PC2006- THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 15, 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 15, 2006, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: fN WITNESS WHEREOF, I have hereunto set my hand this ' day of 2006. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2006- Item No. 11 i RCL 53-54.19 ANAHEIM UNION HIGH SCHOOL DISTRICT ANAHEIM PLAZA REDEVELOPMENT AREA U O a 27 19 1 RCL 53-54-19 T-VAR 2002-04509 VAR 2002-04484 SMALL IND. FIRMS I RCL 53.54-19 CUP 3070 VAR 3404 SMALL IND. FIRMS I RCL 53-54-19 VAR 3404 SMALL IND. FIRMS eri ce ce ~n 0 ...._ I i. s:ca:~ RCl 53-54-19 CUP 2006-05075 CUP 2006-05065 T-CUP 2000-04211 ADJ 0117 (T-CUP 2001-04374) ST. THOMAS KOREAN CATHOLIC CENTER RCL 65-66-66 RCL 53-54-19 PENHALL COMPANY R: 1DU I RCL 51-52-3 U.S. P IND. BLDG. FAC o° v I RCL 65-66-66 RCL 53-54-19 PENHALL COMPANY PENHALL WAY //p~\ I RCL 51-52-3 ~pJ I RCL 53-54-19 RCL 51-52-3 T-CUP 2004-0490 CUP 2746 CUP 4051 Conditional Use Permit No. 2006-05075 _ Subject Property Date: May 15, 2006 Scale: 1" = 200' Requested By: DIOCESE OF ORANGE Q.S. No. 46 412 North Crescent Way - St. Thomas Korean Catholic Church 10036 Date of Aerial Photo: Conditional Use Permit No. 2006-05075 Requested By: DIOCESE OF ORANGE 412 North Crescent Way - St. Thomas Korean Catholic Church Subject Property Date: May 15, 2006 Scale: 1" = 200' Q.S. No. 46 10038 Staff Report to the Planning Commission May 15, 2006 ', Item No. 11 11 a. CEQA NEGATIVE DECLARATION (Motion) 11 b. WAIVER OF CODE REQUIREMENT (Motion) 11c. CONDITIONAL USE PERMIT N0. 2006-05075 (Resolution) SITE LOCATION AND DESCRIPTION: (1) This irregularly-shaped 5-acre property has a frontage of 670 feet on the east side of Crescent Way, a maximum depth of 468 feet, and is located 400 feet north of the centerline. of Penhall Way (412 North Crescent Way.- St. Thomas Korean Catfiolic Church). REQUEST: (2) The applicant requests approvalbf a Conditional Use Permit uhder authority of Code Section 18.10.030.040.0402 td expand an existing church to permit a new 15.,502 square foot church and to convert an existing 29,100 square foot building into meeting rooms, a youth center and administrative offices with waiver of: SECTIOtJ N0. 18.42.040.010 " Minimum number of parking spaces 377 required; 339 proposed and recommended by the. City's Independent Traffic Consultant) BACKGROUND: (3) The property is currently developed with an existing church and is zoned I (Industrial) and contains a 100 foot high telecommunications facility; a storage building and an abandoned water well (the storage'building and water well will both be demolished as part of the project):. The Anaheim General Plan designates this property for Low-Medium Density Residential land uses:. The property td the west is designated for Low-Medium Density Residential land uses, to the south and east for Industrial land uses and to the north is the I- 5 (Santa Ana) Freeway. PREVIOUS ZONING ACTIONS: (4) The following zoning actions have occurred on the subject property: a) Conditional Use Permit No. 2006-05085 (to permit a telecommuhications facility on an existing lattice tower with accessory ground-mounted equipment) is scheduled for the May 15, 2006, Planning Commission meeting. b) Conditional Use Permit No. 3724 (td permit an approximately 29,100 square foot church facility within an existing building in the Industrial Zone) was approved by the Planning Commission on November 14, 1994. Oh April 24, 2000, a request to allow the use of a storage building for social activities after church (Tracking No. CUP2000- 04210) was approved by the Planning Commission. A request to permit the placement of two modular units for religious education (Tracking No. CUP2001-04374) was withdrawn by the applicant on July 16 200E c) Administrative Adjustment No. 117 (to permit a 6-foot high wrought iron fence with pilasters) was approved by Zoning Administrator on December 5, 1996. s rcup2006-05075dmh.doc Page 1 Staff'Report to the Planning Commission May 15, 2006 Item No. 11 View of existing. church from Crescen4 Way DEVELOPMENT PROPOSAL: (5) The site plan (Exhibit No. 1) indicates the following proposed setbacks for the new church building; ; .......Page 2 Staff Report to the Planning Commission. May 15, 2006 Item No. 11 a -< ,~ ~. ~, ~ ' ~ Staff Report to the Planning Commission May 15, 2006 Item No. 11 (8) The site plan and landscape plan (Exhibit Nos, 1 and 8) intlicate that Star Jasmine and Escalionka would ba used for groundcover throughout the project with the following trees alon ro ert Iknes: Setback . Number of Trees Number Required Type. Pro osed Crescent Way 34 34 (1 per 20 lineal Southern feetofstreet Maghoiia, Icee frontage) Blue Yellow Wood,'. artd Canary Island': Pine North Property 5 None Fem Pine Line East Pro ert Line 22 None:: Fern Pine trees South Property c 15 None Brisbane Box or Line Canary Island Pine and Evergreen Pear trees The existing above ground utility equipment located along Crescehf Way will be screened with Xylosma shrubs or Podocarpus trees. Queen`Palm trees would be used as accent trees adjacent to the proposed church. Plans further kndicate that in cdmpliance with Code' requirements, trees consisting of Bribane Box and'Canary island Pine with StaCJasmine ? `ground cover would provided in planterareas throughout the parking lot. (9) ;The site plan (Exhitiit No.1) indicates thak no new fencing is proposed and the existing fencing' is proposed o remain: Existing fencing along the north property line adjacent to the I-5 Freeway and railroadis approximately 290 feet of 8-foot high tilock wall along the easterly end ahd 189 feet of 5-foot high chain link. fence closer to Crescent Way:' Along the east property lihe is a 5-foot high chain link fehce, and along the sbuthpropertylihe is a 4- foot high chain link fence. Adjacent to the west property liha along Crescent Way is a 6- foofhigh wrought iron fence with brickpilasters that was previously approved by Administrative Adjustment No 117.° Code does hbt require any fencing abutting the adjacent industrial uses along the east and sduthproperty line. However, Code requires adjacent to tha railroad right-of-way eithera 6 to 8 foot highdecorative masonry or chainlink fence interwoven with PVC slats: Staff is recommending as a condition of approval that due to the high visibility of the existing chain link fence from the I-5 Freeway and Crescent Way, thak tfie existing chain .link fence along tfie north prdperty line be modified to add PVC slats as7equired by Code and further that the chain link fence be -replaced with a blocKwall to match the existing waliwithin twb years from the'approval of the church expansion. (10) Vehicular access to the site is provided via three driveways from Crescent Way. Plans propose a total of 339 pn-site parking spaces for thisproperty 1t should be noted that there is an area adjacent to the north side of the proposed church building to be used only for priest parking which dbes not meet Code due to the one-way only access aisle width. These spaces were not included in the. parking count. Staff has adtled a condition of approval requiring the applicant provide a signage or fencing plan to imit access lento this parking area td staff only. Code requires 377 spaces based bn the fbllowing: Use ~ r Squire Feet G s.f. Code Pbrk)ng Requirement , rmrY;000. :f .~~: Parking f2equfred > Sanctuary (assembly) 10,117:. 29 spaces per 1,000 square feet of 294 (square 990 fixed assemblyarea or 0.333 space per footage) seats < fixed seat whichever is rester 330 fixed seats Storage 1,005 1.55 spaces per 1,OOD square feet 2 Page 4 Staff Report to the Planning Commission May 15, 2006 Item No. 11 Office 3,078 4 paces per 1,000 square feet 12 Meeting Rooms 7,530 4 spaces per 1,000 square feet 30 Classrooms* 8,871 N/A for Sunday Schools N/A Living Area for Priest 3-bedrooms 3 spaces per 3-bedroom units 3 1,779 s.f: Restrooms; lobbies, mechanical .12,222 s.f: N/A N/A rooms, bddes rooms hallways, choir practice`room vestibule, reconciliation room, priesf sacdsty, mulit-media ~opm " 15,502 square feet of new construction, Total: spaces required ' 377 !44,602 totals uare foots e ' Catle does notrequire any parking forthe accessary Sunday school dassrocros, restrooms, lobbies or hallways :'mechanical rooms or otheinon-assembly church areas. (11) 'There are no proposed changes to the existing church activities and hours of operation with the expansion: The attached letter of operation indicates all the times and activities that occur on-site, :The purpose of the expansion is to construct a building designed for church services and provide more room for the existing activities that occur on-site. The appl(canf has indicated that there are Sunday church services, daily administration functions with approximately four employees pershift, religious and youth activities on Saturdaymornings, Sunday schopl for children and evening meetings:. There are also special services such as weddings (almost always on Saturdays), baptisms once a month on Sundays, funerals (usually do weekday mornings) and fund-raising fiestas (once or twice a year).: Since this church is located within an industrial area, activities thet may run into the later hours of the night have not adversely impacted any: adjacent land uses as evidenced by the lack of Commuhity,Preservation complaints. The hours bf operation are as follows: Office Monday through Friday 8:30 a.m. to 5:30 p.m. Church Sunday 8:00 a.m. to 9:00 a.m. 9130 a:m td 10130 a:m: 71:30 a.m to 12:30 p.m. Monday through Wednesday' 9:00 a.m. to 9:30 a.m. Mass 8:30 to 9:30 a.m. Hour of Prayer Friday:. 7:00 p.m, to 7:30 p.m. Confessions 7:30 p.m.`to 8:00 p.m. Mass Saturday. 7;30p.m. to 8:30 p.m. Mass (12) No new signage plans havebeen submitted however the existing freestanding sign (Exhibit No. 10) es shown in the following photograph would be retained. Page 5 Staff Report to the Planning Commission May 15, 2006 Item No. 11 The church will supply sufficient parking pnsite to meet the parking needs of the site. (b} That the waiver, under the conditions jmposed, if any; will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use. The church will provide adequate parking on-site. Nb off-site parking along the public street, North Crescent Way and Penhall Way will be needed. (c) That the waiver, under the conditions imposed, if any, will not increase the demand for parking spaces upon adjacent private property in the immediate vicinity of the proposed use. The church will provide adequateparking on-site and no overFlow parking is anticipated to occur upon adjacent private property. (d) That the waiver, under the cohditions imposed, wilt not increase traffic congestion within the off-street parking areas or lots provided for such user The church will provide adequate parking bn-site, and the driveways on North Crescent Way will function properly such that there wilt notbe any increase in congestion. (e) .That the waiver, under the conditions imposed, wilf not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity bf the proposed use. The church will provide adequate parking on-site, and its drive aisles will be. adequate to allow vehicles to enter in such a manner that no vehicles will impede vehicularingress to or egress from the adjacent properties'alongNorth Crescent .Way, it is further noted; that the adjacent 6usinessesare industrial in nature, and do not generally have coincident activities. The church generally operates on Sunday morning; when these businesses are closed:' (16) The property is currently developed with an existing church and the proposed expansion complies with all aspects of the zoning code with the exception of the minimum parking requirements, which hasbeen justified with a parking study: The proposed expansion complements the existing structures and provides adtlitional space for the needs of the existing church:: In addition, the on-site landscaping will be brought up to current code standards as apart of this request;'resulting in art enhancement td the site. Since the peekbperations of the church would occur when other industrial business in the area are typically not operating, and the parking studyprovides evidehce that the parking demand for the church can be satisfied on-site, the expansion would not adversely affect adjoining land Uses or impose an undue burdenupon the'streets and highways designed to carry the trafficin the area! The request would: propose a building that is aesthetically pleasing and compatible with the existing structures on the property and therefore, staff recommends a~oroval of this conditional use: permit. FINDINGS: (17) Section 18.42.110 of the parking code sets forth the following findings which are required. to be made before a parking waiver is approved by the Planning Commission: Page 7 Staff Report to the :Planning Commission May 15, 2006 Item No. 11 ', (a) That the waiver, under the coriditiens imposed, if any, will not cause fewer off- street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to such use under,the normal and reasonable foreseeable conditions'of operation of such use. (b) That the waiver, under the conditions imposed, if any; will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use: (c) That the waiver, under the conditions imposed, if any, will not increase the demand for parking spaces upon adjacent private property in the immediate vicinity of the _proposed use. (d) That the waiver, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for such use. (e) That the waiver, under the conditions imposed; wilt not impede vehicular ingress to or egress. from adjacent properties upon the public streets. in the immediate vicinity. of the proposed use. Unless conditions to the contrary are expresslyJmposed upon the granting of any waiver pursuant to this section; the granting of the waiver shall: be deemed contingentLpon operation of the. proposed use in`conformancewith the assumptions relating to the operation and intensity of the use as contained in the Parking Demand Study that formed the basis for approval of the waiver: Exceeding,.violating, intensifying br otherwise deviating from. any of the assumptions: as contained in the Parking Demand Study shalt be deemed a violation of the express conditions jmposed upon the waiver, which shall subject the waiver to revocation or modification pursuant to the provisions of Section 18.60.200(City-Initiated Revbcation'or Modification of Permits). (18) Before the Commission grants any conditional use permit, tt must make a finding of fact that the evidence presented shows that all of the folldwing conditidns exist: (a) That the Use is properly one for which a conditional use permit is authorized by the Zoning Cade, or is an unlisted use as defined in Subsection .03p (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 of the site for the use is adequate to allow the full r> development of the proposed use in a manner nofdetrlmental to the particular area orto the health and safety; (d) That the traffic generated by the use wiH not impose an undue burden upon the c streets and highways designed and improved to carry the traffic in the area; and (e) That the granting of the conditional use permit under the conditions imposed, if any; will not be detrimental to the health and safety of the citizens of the City of Anaheim. Page 8 Staff Report to the Planning Commission May 15, 2006 Item No. 11 RECOMMENDATION: (19) Staff recommends that, unless additional or contrary information is received during the meeting, and based upon the evidence submitted to the Commission, including the evidence presented in this staff report, and oral and written evidence presented at the public hearing, that the Planning Commission approve the applicant's request by taking the following actions: (a) By motion, approve a CEQA Negative Declaration for the project. (b) By motion, approve the waiver of minimum number of parking spaces based on the findings summarized in paragraph (15) of this report.. (c) By resolution, approve Conditional Use Permit No. 2006-05075 byadopting the attached resolution including the findings and conditions contained herein_ Page 9 [DRAFT] RESOLUTION NO. PC2006--°°` A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2006-05075 BE GRANTED (412 NORTH CRESCENT WAY) 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 WEST HALF OF THE SOUTHEAST QUARTER OF SECTION B, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS. RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF THE SAID WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 8 WITH THE SOUTHWESTERLY. LINE OF THE SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY, 70.00 FEET WIDE; THENCE ALONG THE SAID EASTERLY LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 8, SOUTH 0° 08' 37" EAST 412.72 FEET; THENCE AT RIGHT ANGLES SOUTH 89° 51' 23" WEST 400.00 FEET; THENCE NORTH 0° OB' 37" WEST. 676.28 FEET TO THE SAID SOUTHWESTERLY LINE OF SOUTHERN PACIFIC RAILROAD RIGHT-OF- WAY; THENCE ALONG THE SAID SOUTHWESTERLY LINE SOUTH 56 ° 45' 46" EAST 479.02 FEET TO THE POINT OF BEGINNING. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on My 15, 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 request to expand an existing church. to permit a new 15,502 square foot church and to convert an existing 29,100 square foot building into meeting rooms, youth center and administrative offices is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.10.030.040.0402 with the following waivers: SECTION NO. 18.42.040.010 Minimum number of oarking spaces (377 required; 339 proposed and recommended by the City's Independent Traffic Consultant) 2. That the parking waiver is hereby approved based upon a parking analysis prepared by the City's Independent Traffic Engineer providing evidence that adequate parking exists on the property for the expanded church facility on the site. 3. That the parking waiver, under the conditions imposed, if any, will not cause fewer off-street parking spaces to be provided for the church and accessory operations than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonable. foreseeable conditions of operation of the church and accessory operations because the parking study indicates that the peak parking demand for off-street parking spaces is lower than the quantity provided for the project site 227 spaces needed and 339 spaces proposed). Cr1PC2006- -1- PC2006- 4. That the parking waiver, under the conditions imposed, if any, will not increase traffic congestion and will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the use because the church expansion will have adequate parking to accommodate the project's peak parking demands. 5. That the parking waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use because as indicated in the parking study, adequate parking to accommodate the anticipated project peak parking demand will be provided on-site. 6. That the parking waiver, under the conditions imposed if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use because the project site is physically separated from adjacent private properties. Furthermore, it has been determined by the parking study that adequate on-site parking spaces are being provided. 7. That since the peak operations of the church would occur when other industrial business in the area are typically not operating, the expansion would not adversely affect adjoining land uses or or the growth and development of the area in which it is proposed to be located. 8. That the proposed church expansion would not impose an undue burden upon the streets and highways designed to carry the traffic in the area as the parking study has demonstrated that the site can accommodate the combined uses on-site; 9: That the size and shape of the site far the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety as demonstrated by compliance with code requirements for the proposed building. 10. That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. 11. That "" people indicated their presence at said public hearing in opposition; and that no correspondence was received prior to the meeting. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Planning Commission has reviewed the proposal expand an existing church to permit a new 15,502 square foot church and to convert an existing 29,100 square foot building into meeting rooms, youth center and administrative offices with waiver of minimum number of parking spaces; 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 heath and safety of the Citizens of the City of Anaheim: 1. That this religious institution with amulti-purpose building, school and administration offices shall operate consistent with assumptions contained in the approved parking study. If at any such time the operational characteristics of the church change, a detailed description of the operational changes shall be submitted for review by the City's Traffic and Parking Consultant to determine if the changes would cause fewer off-street parking spaces to be provided than the number of spaces provided on site. If it is determined the expected demand is greater than the spaces provided on site., an application for modification of the conditional use permit shall be submitted to the Planning Services Division for approval by the Planning Commission. -2- PC2006- 2. That this facility shall not be used as a private daycare, nursery, elementary, junior and/or senior high school. Said information shall be specifically shown on plans submitted for building permits. 3. That no portable signs shall be utilized to advertise the church. 4. Any additional signs shall be submitted to the Planning Services pivision for review and approval. Any decision by staff regarding signs may be appealed to the Planning Commission as a "Report and Recommendation' item. 5. That the property shall be permahently maintained in an orderly fashion through the provisions of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 6. That by May 15, 2008, the chain link fence along the north property line shall be replaced with a masonry wall. 7. 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:.. o Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas., maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas: o Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan. Incorporates Treatment Control BMPs as defined in DAMP. m Describes the long-term operation and maintenance requirements for the Treatment Control BMPs. m Idehtifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMPs, and describes the mechanism for funding the lortg-term operatidn and maintenance of the Treatment Control BMPs.. 8. That prior td issuahce df a certificate of occupancy, the applicant shall: Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed. in conformance with approved plans and specifications. m Demonstrate that the applicant is :prepared to implement all non-structural BMPs described in the Project WQMP. o Demonstrate that an adequate number of copies of the approved Projects WOMP are available onsite_ e Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. 9. That prior to demolition of any existing buildings a demolition permit shall be obtained from the Building Division. 10. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval in conformance with the Engineering Standard No. 115 pertaining td sight distance visibility for any sign or wall/fence location. 11. That the locations for future above-ground utility devices including, but not limited to, electrical transformers, water backflbw devices, gas, communications and cable devices, etc., shall be shown on -8- PC2006- plans submitted for building permits. Plans shall also identify the specific screening treatments of each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.). 12. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonment's of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department 13. That since this project has a landscaping area exceeding 2,500 square feet; a separate irrigation meter shall be installed in compliance with Chapter 10.19 of the Anaheim Municipal Code. Said information shall be specifically shown on plans submitted for building permits. 14. That all existing water services and fire lines shall conform to current Water Service Standards Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded for continued use if necessary or abandoned if the existing water service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service of fire line. 15. That all backflow equipment shall tie located above ground and outside of the street setback area in a manner fully screened from all public streets. Any backflow assemblies currently installed in a vault shall be brought up to current standards. 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 all public streets and alleys. Said information shall be specifically shown on plans and approved by the Water Engineering Department, 16. That the legal property owner shall irrevocablydffer todedicate to the City of Anaheim (Water Engineering Division) an easement twenty (20) in width for waters service mains and or an easement for large meter and other public facilities.. 17. That plans shall be submitted to the Planning Services Division for review and approval showing conformance with the current version of Engineering Standard Plan Nos. 436 and 470 pertaining to parking standards and driveway locations.. Subject property shall thereupon be developed and maintained in conformance with said plans. 18. That trash storage areas shall be improved to include the existing gates to be refurbished as deemed acceptable to the Public Works Department and in accordance with approved plans on file with said Department. 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 on maximum three-foot centers or tall shrubbery. The level of trash collections service shall also be increased. Said information shall be specifically shown on the plans submitted for building permits. 19. That the legal owner of subject property shall provide the City of Anaheim with a public utilities easement (dimensions will vary with electrical design) along/across high voltage lines, low voltage lines crossing private property and around all pad mounted transformers, switches capacitors, etc. Said easement shall be submitted to the City of Ahaheim prior to connection of electrical service. 20. That at no time shall there be any outdoor storage on the site for the church. 21. That any required relocation of City electrical facilities shall be aEthe developer's expense. 22. That all air-conditioning facilities and other ground-mounted equipment shall be properly shielded from view and sound buffered from adjacent residential properties. Such information shall be specifically shown on the plans submitted for building permits. 23. That all .plumbing or other similar pipes and fixtures located on the exterior of the buildings shall be fully screened by architectural devices and/or appropriate building materials. Said information shall be specifically shown on the plans submitted for building permits -4- PC2006- 24. That four (4) foot high address numbers shall be displayed on the roof pf the building in contrasting color to the roof material. The numbers shall not be visible to adjacent and nearby streets or properties. Said information shall be specifically shown on plans submitted to the Police Department, Community Services Division, for review and approval 25. That prior to application for water meter, fire line or submitting the water improvement plans for approval, the developer/owner shall submit to the Public Utilities Water Engineering an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project. This information will be sued to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system improvements required to serve the project shall be done in accordance with Rule No. 15A.6 of the Water Utility Rates., Rules and Regulations. 26. That an Emergency Listing Card, Form ADP-281 shall be completed and submitted in a completed form to the Anaheim Police Department 27. That No Trespassirig 602(k) P.C: signs shall be posted at the enhance td the parking lot and located in other appropriate places. 28. That all entrances to the parking area shall be posted with appropriate signs per 22658(a) C.V.C to assist in removal of vehicles at the property owners request. 29. That separate services andlor events shall not be held simultaneously within the sanctuary and multi- purpose building resulting in an increase in parking demand. 30. That a plan shall be submitted to the Planning Services providing a mechanism (e.g. signage or fencing) to limit vehicular access to church staff only for the parking area located east of the new church building. 31. That the existing chain link fence along the north property line shall be interwoven with PVC slats. Said information shall be specifically shown on plans submitted for building permits. 32. That the subject property shall be developed substantially in accordance with the plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department Exhibit Nos, 1 through 10 and as conditioned herein. 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. 2, 10, 11, 13, 15; 16, 17, 18; 22, 23, 24;25, 30 and 31, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Coder 34. That prior to issuance of a grading permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition No. 7, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.60.170 35: That prior to final building and zoning inspections, Condition Nos. 8, 26, 27, 28 and 32, above-mentioned, shall be :complied with. 36. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not Include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. -5- PC2006- BE IT FURTHER RESOLVED that the Anaheim Planning Commission 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 commencement of the activity or issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 15, 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 15, 2006, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF; I have hereunto set my hand this day of .2006. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -6- PC2006- Attachment -Item No. 11 JC~ 1~`~ ~~~J~~ 412 North Crescent Way Anaheim, CA Prepared for: Prepared by: Rafi~ ~ -=' ~ssoc6ates, Inc, March 27, 2006 Table of Contents Section Page I. Introduction I II. Project Location I III. Site Description I a. Existing Site 1 b. Proposed Site I c. Characteristics 1 N. Site Uses 2 V. Parking Requirements 2 VI. Site Parking Counts 2 VII. Methodology of Study 3 VIII. Findings 3 IX. Recommendations and Conclusions 4 X. Appendices 4 a. Pazking Counts 5 b. Site Photos ~ I. Introduction St. Thomas Korean Catholic Church currently operates a church within an industrial area on North Crescent Way. Church services are currently held in an assembly room. Religious education for children takes place on Saturdays, so there are no concurrent uses of"the classrooms during the Sunday services. A church building with a new sanctuary that will accommodate 990 fixed seats will be constructed on the site of the northerly parking lot. The grassy field and metal storage building that aze adjacent to the southerly parking lot, will be removed to provide a new parking lot. The new parking lot will bean expansion of the existing southerly parking lot, and utilize the same two one-way driveways on North Crescent Way. II. Project Location The site is located at 412 North Crescent Way. There aze two existing church parking lots. Curbside parking is available along North Crescent Way and Penhall Street. Overflow parking at four adjacent businesses is allowed on Sundays, through mutual agreements with the church. III. Site Description a. Existing Site The southerly parking lot has two one-way driveways. The northerly parking lot also has a sepazate entrance and exit driveway. The overflow parking currently uses the curbside pazking along N. Crescent Way and Penhall Street, as well as .four other neazby business parking lots: Penhall, APT Electronics, Western Exterminator, and the Anaheim Unified School District Site. There aze no sidewallcs along N. Crescent Way between the existing site and any of the offsite parking aeeas. b. Proposed Site The church building will be 15,502 square feet with a 10,117 square foot sanctuary with 990 fixed seats, The existing building will remain and be used for offices and classrooms. The new parking lot will be accessed via the southerly parking lot's existing access driveways. The northerly parking lot and a 660 squaze foot metal storage shed within a grassy field will be demolished, however, the northerly driveway and drive aisle will be retained for access by fire and emergency vehicles. This fire lane will not connect to any parking areas: c. Characteristics The site is an existing church. The .adjacent land uses are industrial and a school district office with pazking lot for school busses. St. Thomas Korean Catholic Church I Rafiq & Associates, Inc. Jv. site uses The site will construct a new 15,502 square foot church building with s 10,117 square foot sanctuary. The existing building will remain. It contains 21 classrooms at 8,871 square feet, 3 meeting rooms totaling 7,530 squaze feet, and 10 offices at 3,078 square feet. V. Parking Regairements The parking requirements per Section 18.42 of the Municipal Code for Community & Religious Assembly is as follows: 0.333 space per fixed seat, or 29 spaces per 1,000 square feet of GFA, whichever results in a greater number of spaces, plus 4 spaces per 1,000 square feet of GFA for office use, plus, if a kitchen facility is provided, 0.02 space per person for the maximum capacity figure of the assembly area determined by the City Fire Department; if other types of ancillary uses other than a Sunday school are included, a pazking demand study may be required. Tnhnlntinn of Cnde-Rennired Pnrlcinv for all concurrent church uses Size Land Use Parking Rate Intermediate Calculation Spaces Re aired 10,117 SF Sancta ' 29 s aces/fSF 294 990 fixed seats Fixed seats 0.333 spaces/fixed seat 330 whichever is 1 er 330 3,078 Of&ces ' 4 s aces/T'SF 12 7 530 Meetiu rooms 4 s aces/TSF 30 .8,871 Classrooms Not used concmrentl 0 1 005 Stora a 1.55 aces/T'SF 2 3 bedroom Recto 3 3 Total R aired 377 Total Su lied 339 shortfall 38 The expanded site will supply 339 pazking spaces. This is 38 short of the code-required number of parking spaces, 377 as tabulated above. VI. Site Parking Counts Pazidng counts were taken on Saturday and Sunday, March 18 and 19, 2006. These count sheets are provided in Appendix A. The maximum number of vehicles counted during the two-day count period was 227 vehicles on Sunday at noon, Approximately 155 of these vehicles were pazked in the two existing parking lots, and the remainder were pazked along North Crescent Way and Penhall Stteet, and in four other offsite parking lots. St. Thomas Korean Catholic Church 2 Rafiq & Associates, Inc. VII. Methodology of Study The observed parking demand is 227, which is lower than the number of parking spaces that will be provided. The parking needs of this site are expected to be accommodated within the expanded parking lot. VIII. Findings Finding Number .0101 That the vm~iance, wider the conditions imposed, if any, will not cause fewer- off-street parking spaces to 6e provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use. St. Thomas Korean Catholic Church will supply sufficient parking onsite to meet the parking needs of the site. 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. St. Thomas Korean Church will provide adequate parking onsite. No offsite parking along the public streets, North Crescent Way and Penhall Street will be needed. Finding Number .0103 That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use (which property is not expressly provided as parking for such use under an agreement in compliance with subsection 18.42.050.030 (Non-Residential Uses- Exception). St. Thomas Korean Catholic Church will provide adequate parking onsite. 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-street parking areas or lots provided for the proposed use. St. Thomas Korean Catholic Church will provide adequate parking onsite, and the existing one-way in and out driveways on North Crescent Way will continue to function properly, such that there will not be any increase congestion. Finding Number .0105 That the variance, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. St. Thomas Korean Catholic Church 3 Rafiq & Associates, Ina St. Thomas Korean Catholic Church will provide adequate panting onsite, and its drive,....... aisles will be adequate to allow vehicles to enter in such a manner that no vehicles will impede vehicular ingress to or egress from the adjacent properties along North Crescent vvay. It is further noted, that the adjacent businesses are industrial in nature, and do not generally have coincident activities. The church generally operates on Sunday morning, when these businesses are closed. IX. Recommendations and Conclusions St. Thomas Korean Catholic Church will be able to accommodate the anticipated parking demand within the newly expanded parking lot of the site. X. Appendices Appendix A: Parking Counts by Southland Car Counters Parking Counts were taken by Southland Car Counters on March 1$ and 19, 2006. Appendix B: Site Photos Site photographs were taken on March 19, 2006 by Rafiq & Associates, Inc. St Thomas Korean Catholic Church 4 Rafiq & Associates, Inc. y L d A 9 O U L d 'b y~ C b ~' ~ y G 7 d ~ T G 7 0 U n U co 0 ~ N ~ m .~. c~ ~ O w Q ^ 0 p~ V/ N N ~ ~ ~~qq U M/ ~ N ~ ~ p U z o E N 0 ~~ U ¢ O V J, . ^F rn . ~ O ~ m ~ F°~ ~=gyp ~^ O ' ~ T~ 0 S 0 0 o o T .T. 1, V , ~y`y ~e ` , Z e y '. x < C` ~' ~. u `~ O 0 O O O O , ,;. ~ ~~ d J= V _!n &w~h rn~= n _ . t to t~ o v ~~f? ~s . } ~ ~ £ ~~~ ~ n; ~ '"°'~` e O ?A w O O O O >X 2: ~ ~ ~ p ~ N tj~~ ~ ~ ~:y ~«! ~~Y Uri '' ~ •_~ Z "a~~; zx(7v es: .` `.~~~a CC ~'' y. 7:~1+' ~f ~ s~ W~ jwo. ~'~ ~` ~ O Ki~ft k~ O o 0 0 /~ Ytp: ,n~lk-. ~,.t ~G3 ~° ,~ ~~s X xw O Q~ ~~~~~' O. O O. O ~~~ ~ ~~ ~` ~ ~ ~ "~ - ~ ~ ~r''~ O O O O O ~~~~~ „ e ~ ~. "s ~~ e7 . W N N h ~ ~°/' y a~6 ~~. ~R~ ~v ~~ f `~ yv l . r,p~ '~ ~; °' ~ o ~ ~ r v ~ x Nw r4 G ~~~ ~ri ~ K , , ~ ~ ~{ ~ C ry ~ a ~ d . 3' QO d ~ f Y~ "~ O ,~M o, ~- to ~ ob as ~ as ~ ~ ~ >. 3 U U z o sod ~, O ,~ ~U~yy U id U r.+ ~ bA C U . 7 pj N .V U .q O K ~--~p, ~ ~.~Q a s W ;; m o ~ H ~ ~ J'"-r N ' N ~z~d3a~ b W o v A dm C7x ~w y x a°a°a°a°a°aa V ti vi ~~+ U O d O" w^ m ~i U U .° x H ti 0 H C C n T Q t0 C (+ ~ ¢ a O C .-. Z 9 d C O ~ ~..~ 4 V SL C d V 9~ °•• Q O 1 O ~' ~ ~ a ~ ~ z UJ°E~ Q ~ ~ ~ C Q Q a U ~ 1; ` :J ~' ~ s `' rn n ~n n n n ~ , F- r- 0 ~ T V O N N' N N N N N ~ ~. rl~'^ ~r r -, y~~ y > ~O.i3, F ~~r - ~ .; O;,r '~ z= ~.; ~ o v m o N 0 N 0 N rn rn ;~4~ r2 .~~ ~ w-'` U ~~ ~ yS ~Y ~5~ } r T J ~ ~ r N, y; y~li y3r~ k'+:'. u:'~ l' he= ~rN. s +; Q ~ ~~~"~ O O m m O O. ID r O O ..~"e.l ~' r~ F ~:~Ni ~ ~ a`Y1 ~ ` ~,;, -~ ~~, - '0 o o o ~t n n n n v ~~ £d~~'*~ w. ~ -,r'~k s~.v , ~ N N ~ U] O ~ If) to N. . ~~ t ~(..rx ;~~ fi m m in in n n n n m' r N~~~ ~„ ~W f ~ ~ ~ ~.ab ~ ,~~ ~',~, m v m ~n co co m n m n v~ n N r. ~ v. ~~~~~~~ ~~,~«~, ~ ~ ~CSr °~~. ~.~s ,,,,~,. 9ur~ (~ m rn N m m o l0 m RJ m l0 m N v t{] m N ~ h `M~?2~ ±w~~ . l+ . ~~ a ~ ~y~xT ~ ~ ~ ~.g thy' ~aY ~ s~( ~~~ l ,y ~5~~ 1 ~ ~' j r ~£ fi ~ a ~~ ~ Q Yy~ s' ~ ~r~+ ~ CM ,.r On ".'~ ~, O' ~ 7 P a'kC~ ~ 'fA, % z'~ i ~ "yF ~ ~Y -~D 2 ~%~ y ~ k g , ti ti U U 0 ¢ O' Li G V ~ .C U ~ 0 z o U 0 0 ~ o ~ .~ q ~ U U U td U q ~ ~+ Y U F i ~ C .C q . U Uy7 ~ K y i ~A ~, _A w. U ~. py E ~ a G F °J _ m rd o ~ ~ H o a, v°~Zv~iQ ~ 3ari~ v~ ~ W ~ b ~ ~ o A °da1 ywC7x.. ~ /~ Yl l l l ll W 11 ~ YM F4 M4 1~1 F4 Appeaedia B Site Photos St. Thomas Korean Catholic Church 7 Ra~iq & Associates, Inc. St. Thomas Korean Catholic Church 8 Rafiq & Associates, Inc. Curbside parking along Penhall Street Appendix ~ (Continued) St. Thomas Korean Catholic Church 9 Itafiq & Associates, Inc. Offsite lot at Penhall Offsite lot at Western Exterminator Offsite lot at APT Electronics Attachment -Item No. 11 Saint 1'hornas VCorean Catholic Center ~®UPS O~ ®FDerati®n ®f$ICe 8:30 AM - 5:30 PM Monday thru Friday Church building Aflondav thru Wednesda 9:00 AM to 9::30 AM ------ Mass 8:30 AM to 9:00 AM - - Liturgy of the Hours Prayer 9:00 AM to 9:30 AM -- Divine Mercy Prayer (Tuesdays ONLY) 9:30AM Monday to 9AM Tuesday -- 24 Hour Eucharistic Adoration (Every 2n° Monday of the Month) Thursday No Mass Friday 7:00 PM to 7:30 PM - Confessions 7:30 PM to 8:00 PM --- ---Mass Saturday 7:30 PM to 8:30 PM Mass Sunday 8:00 AM - 9:00 AM -- :Mass 9:30 AM -10:30 AM Mass 11:30 AM -12:30 PM -- Mass $aptl5n15 2:00 PM - 3:00 PM -- Once a month given Sundays Weddings Average of 15 weddings a year on given Saturday afternoon Funerals Average of 15 funerals a year during the 9AM weekday morning masses Meeting i2ooms Monday Eas[ Wing Rm.1 7:30PM - 10:OOPM Meeting Rm. A 10:OOAM - 12:OOPM Tuesday East Wing Rm.1 East Wing Rm.1 .East Wing Rm.2 East Wing Rm.2 East Wing Rm.4 East Wing Rm.4 East Wing Rm.S Eas[ Wing Rm.7 East Wing Rm.7 East Wing Rm.B East Wing Rm.8 Meeting Rm. A Meeting Rm. B 10;OOAM -12:OOPM B:OOPM -10:OOPM 10:OOAM - 12:OOPM B:OOPM -10:OOPM 10:OOAM -12:OOPM 7:30PM -10:OOPM 7:30PM -10:OOPM 10:OOAM -12:OOPM 7:30PM -10:OOPM 10:OOAM -12:DOPM 7:30PM - 10:OOPM 7:30PM -10:OOPM 7:30PM -10:OOPM Wednesday East Wing Rm.1 10:OOAM -12:OOPM East Wing Rm.1 7:30PM - 10:OOPM East Wing Rm.2 10:OOAM - 12:OOPM East Wing Rm.2 B:OOPM -10:OOPM East Wing Rm.3 7:30PM -10:OOPM East Wing Rm.4 10:OOAM -12:OOPM East Wing Rm.4 7:30PM - 10:OOPM East Wing Rm.S 10:OOAM - 12:OOPM East Wing Rm.5 7:30PM -10:OOPM East Wing Rm.6 10:OOAM -12:OOPM East Wing Rm.7 10:OOAM -12:OOPM East Wing Rm.7 7:30PM -10:OOPM East Wing Rm.B 10:OOAM -12:OOPM East Wing Rm.B 8:OOPM -10:OOPM Meeting Rm. B 7:30PM -10:OOPM SmaII Group Bible Study Women's Choir Small Group Bible Study Small Group Bible Study Small Group Bible Study Small Group Bible Study Small Group Bible Study Small Group Bible Study Young Adult "Sanctus" Small Group Bible Study Small Group Bible Study Small Group Bible Study Small Group Bible Study RCIA Curia Meeting (2"tl week) Legio Small Group Bible Study Legio Legio , Legio Legio Legio Legio Legio Legip Legio Legio Legio Legio Young Adult "Sanctus" Thursday East Wing Rm.1 East Wing Rm.2 East Wing Rm.3 East Wing Rm.4 Meeting Rm. A 7:30PM -10:OOPM 7:30PM - 10:OOPM 7:OOPM -10:OOPM 7:30PM - 10:OOPM 7:30PM - t0:00PM FPidav East Wing Rm.4 10:OOAM -12:OOPM East Wing Rm.5 B:OOPM -10:OOPM East Wing Rm.B B:OOPM - 10:OOPM Meeting Rm. B B:OOPM -10:OOPM Saturday East Wing Rm.1 9:OOAM -10:30AM East Wing Rm.2 9:OOAM -10:30AM East Wing Rm.4 9:OOAM -10:30AM East Wing Rm.5 9:OOAM -10:30AM East Wing Rm.6 9:OOAM -10:30AM East Wing Rm.6 5:30PM - 7:OOPM East Wing Rm.7 9:OOAM -10:30AM East Wing Rm.B 9:OOAM -10:30AM West Wing Rm.2 9:OOAM -12:OOPM West Wing Rm.3 9:OOAM -12:OOPM West Wing Rm.4 9:OOAM -12:OOPM West Wing Rm.S 9:OOAM -12:OOPM West Wing Rm.6 9:OOAM -12:OOPfv1 West Wing Rm.7 9:OOAM -12:OOPM West Wing Rm.B 9:QOAM - 12:OOPM West Wing Rm.9 9:OOAM -12:OOPM West Wing Rm.10 9:OOAM - 12:OOPM West Wing Rm.11 9:OOAM -12:OOPM West Wing Rm.12 9:OOAM -12;OOPM Meeting Rm.A 8:30PM -10:OOPM Meeting Rm. A 5:OOPM -7:OOPM Sunda Meeting Rm.A 1:30PM-4:OOPM Meeting Rm. B 1:30PM -3:30PM Small Group Bible Study Legio Tongan Community Meeting Young Adult "Sanctus" Choir practice Legio Young Adult "Sanctus" Legio Prayer Group SRE Class SRE Class c SRE Class SRE Class SRE Class. Altar Server Meeting (4th Saturday Only) SRE Class SRE Class SRE 8 Korean School SRE & Korean School SRE & Korean School SRE & Korean School:- SRE 8 Korean School SRE 8 Korean School SRE & Korean School SRE 8 Korean School SRE 8 Korean School SRE & Korean School SRE & Korean Schodl Young Adult Ministry "Sanctus" Altar Server Meeting (4'"Saturday Only) High School Ministry "SOL" College Ministry "Inspiration" tEvery 2 weeks) Annual Event Family Fair (First Sunday of October) Summer Bible Camp (some time in July ,Weekdays gam-2pm) Festival for Senior Citizen (in June, One Sunday afternoon for a few hours) Item No. 12 J ~ W Y Q U Q ~ LL LL > N O .. _. ~ . . F U ~Op N mN 'HOME VAR 1004044m t]0 I T IVAR ITZEL ~ DU WEINERSLHN ' I jR , / 35 ENT~R $ j G RCL 5d 5i29 ~4 cuP 6966 ~ 1 A/ ~ GG 40D vaR2eaa VAR 10x55 VAR 1995~P Q' OFFIC NSTA-TUNEUP Q eLLG > m RC1545S29 W pG VAR 15B ' J RCL 52-5]40 VAR f.M 04] REST CARPETS ~ CLAP 920 WAREHOUSE O VAR 9965 SMALL SHOPS vAR i~wS.s m RESTAURANT OEMAL oPPlcS W LILAC OLN ~ AVEN U E O ADJ 0194 U W C'G i9 I- G~ P 3 ¢ Ft Z g 6 1 - ~ ~a10~ ~ cuP VAR VAR VAR VAR Conditional Use Permit No. 2006-05083 Requested By: ROB PEREZ 1920 East Center Street BROPO~ PY LG RLL 62~fi329 GNCVJFNINf. >Q LG > 5354.,2 P zeoa o_ R 104 Z MPICU W OTFI U C~ RCL 66-66-fib VAR 1946-6 AOJ 0167 WALGREENS PHARMACY C-G ANAHEIM TOWN /~ SQUARE ////yAA'\\\'\\l 'tl ~~ ' _" Subject Property Date: May 15, 2006 Scale: 1" = 200' O.S. No. 102 10039 Date oFAerial Photo: JuIY 2005 Conditional Use Permit No. 2006-05083 Requested By: ROB PEREZ Subject Property Date: May 15, 2006 Scale: 1" = 200' Q.S. No. 102 1920 East Center Street 10038 ........................................ Staff Report to the Planning Commission May 15, 2006 Item No. 12 _. 12a. CEQA NEGATIVE DECLARATION (Motion). 12b: WAIVER OF CODE REQUIREMENT (Motion) 12c: CONDITIONAL USE PERMIT NO. 2006-05083 (Resolution) SITE LOCATION AND DESCRIPTION: (1) This irregularly-shaped 0.37 acre property has a frontage of approximately 114 feet on the south side of Center Street witha maximum depth'of 166 feet and is located approximately 345 feet west of the denterline of State College Boulevard (1920 East Center Street); REQUEST: (2) The applicant requests approuafof a conditional use permit under authority of Code`. "Sectioh 18.08.030.040.0402 end 18:38.060 to permits telecommunicatidns antenna. (disguised as a pine tree) with accessory ground-mounted equipment witR waiverof the: fdllowing: .SECTION 18.46.110:030 Maximum fence heioht (DELETED) BACKGROUND: (3) This property is improved as a parking lot for the adjacent parcel (1925 East Lincolnr Avenue = Mi Fondita restaurant) and is zoned C-G'(General Commercial);; The Anaheim General Plan designates this property for Mixed Use land uses and its surrounding prdperties to the hortk, east and west for Mixed Useland uses and to the south (across ', Lincoln Avenue) for Low Density Residential land uses. PREVIOUS ZONING ACTIONS: (4) Conditional Use Permit No. 2004-04901 (to permit the sale of beer and wine for oh= premises consumption in a new restaurant) was. approved by the Zoning Administrator on September 30, 2004:: The Conditional Use Permit was subsequently readvertised (Tracking No: CUP2004-04934),to modify conditions of approval pertaining to hours of operation and timing to reduce the height of the existing 6-foot. high block wall adjacent to both Lincolh Avenue aid Center Street to a maximum height of 3 feet. DEVELOPMENT PROPOSAL: (5) The applicant proposes to construct a 35 foot high stealth (faux pine) telecommunications facility: including ground-mounted accessory equipment. The proposed faux pine tree telecommunications facility would consist of four (4) sectors with two (2) panel antennas on each sec(or. The fauXpine tree is proposed within an existing planter area adjacent to Center Street. srcup2006-05083dh.doc Page 1 Staff Report to the Planning Commission May 15, 2006 Item No. 12 Aerial of existing site ;;« may. ~' ~, $. ~¢ ~ a, 'rJ~"' yr $. ~ ~ X Y '1°. 1V, ~' b:~ 4 E t -ri's=0.' ~ 'V ^rdu._.~ ~~ ~ yy ~Y{~ s t; ~ r.ww qi4 f K ~ J ~ ~ / ]y may. p g .3.QtPworti tiF+. J Y'. } LY F f. ~ t .,+w , v~ ., ~ : I .,i .. (6) The site plan (Exhibit Nos. 1 and 2) indicates three (3) 25-foot high pine trees proposed within the existing dirt planter area at the northeastcorner of the site adjacent to Center Street. No other additional landscaping (i.e., shrubs or groundcover) is proposed; Currently; there sa 3-foot high block wall along. the property ine abutting Center Street. Revised plans indicate that the applicantis no longer proposing to raise the height of the existing 3-foot high block wad'at the north property line and therefore, the waiver'pertaining "'to fence freight is no' longer required. The plans'show that the wall would be raised to 6- 'feet with'a combination of concrete block and wrought irortoutside of the required 10-foot wide street setback: The elevation and site plans (Exhibit No. 3 and 4) indicate a 240 '`'square foot, 11-foot high, prefabricated equipment shelter located 10 feet from Center Street with the air condition units mounted on the wallbf the equipmenfenclosure facing Center Street: Detailed plans for the prefabricated equipment shelter were nofprovided with this request. Code requires a miriimum ten (10) foot wide landscaped setback along Center Street.. Theproperty is currently developed without a 10-foot landscaped setback and tfiis request does notpropose anyhew landscaping: Staff recommends a condition of approval requiring'the applicant to provide a 10-foot wide lahdscape setback along Center 'Street to comply with Code and to screen the proposed facility and ground mounted equipmenk Page 2 Staff Report to the Planning Commission May 15, 2006 Item No. 12 Staff Report to the Planning Commission May 15, 2006 Item No. 12 environmental impact and, tfierefore; recdmmehds that a Negative Declaration be approved upon a findirig by the Planning Commission that the Negative Declaretiorrreflects the independentjudgment of the lead agency; and that it has considered the proposed Negative Declaration together with any comments received`during the public review process and further finding on the basis of the Initial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. EVALUATION: (10) Communication facilities and antennas, including monopoles, are permitted in the C-G Zone subject td the approval of a conditional use permit and the requirements of Section 18.38.060 (Antennas -telecommunications) of Chapter 18.38 Supplemental'Uses. (11) The waiver pertaining to maximum fence height has been deleted since revised plans have been submitted indicating tlraf the fence will not tie any higher than3 feet within the 10-foot: wide street setback along,Center Streetas required by Code:, (12) The Planning Department continues to discourage unscreened telecommunication facilities due to the significant cumulative visual' impact on the communityas a whole: The recently: updated Zoning Code includes design guidelines and requirements for telecommunications facilities: Code requires wireless communication facilities be co-located where technologically feasible and visually beneficial. Staff feels "stealth" installations ahd co- location are the best alternative to decrease visual elutter and preserve the aesthetic quality of the community: Code defines a "stealth" facility, as "A wireless communication facility that is disguised to appear as'a natural`object or part of an existingman-madebtiject, facility or structure, which is designed to blend into he surrounding environment dr which is concealed within or architecturally integrated into abuilding or other concealing structure:'. In order fora facility to be an appropriate stealth installation; two main factors must be addressed. First; the facility itself needs'to be designed such'that the antennas ere disguised to appeal as a natural object or part of an existing man-made object, facility or structure. Second, the facility needs tdblend into the surrounding environment ih which it is proposed:' Factors to consider for this'second criterion include the freight of buildings in the surrounding area, structures on the .proposed' property,`in the'case of facilities that are disguised as natural objects; the presence of other similalnatural objects in the immediate. area, and the bisibility of the facility. (13) Although a telecommunications facilitydisguised as a pine tree is an appropriate manner to satisfy the first criterion staff believes that the proposed facility does not satisfy the second criterion; The buildings oh surrounding properties are mainly single'story;' The site is used as a parking lot for an adjacent restaurant and does not contain any structures. Because of this, there are no structures to shield the facility or serve as'a backdrop foFthe facility: In addition', the site is highly visible having two street frontages) Existing trees do the property are approximately 10 to 20 feet high and would be too low to provide an adequate backdrop for the proposed monopine. It would take approximately 10 to 15 years for the proposed 25 foot tall pines around tffe facility to achieve a comparable height. The proposed design is incompatible with the surrounding area because the facility would stand out from the streetscape along both Center Street and Lincolh Avenue: This facility would be incompatible with the adjacent commercial properties, out-of-scale with the proposed. Page 4 Staff Report to the Planning Commission May 15, 2006 Item No. 12 pihe trees in the planter area; ahd wouldbebisually obtrusive td adjacentand surrounding'. properties. (14) Other locations in the vicinity would be better candidates for a building mounted stealth facility. In addition, the City has been investing a substantial amount of resources along major arterials including Lincoln Avenue and State College Boulevard to improve the streetscape and reduce the visual impacts'of overhead utilities: Adding the proposed telecommunications facility on a highly visible property witty no buildings or landscaping for the facility to blend with would be in directbonflict with the goal bf reducing thevisual impacts of telecommunications facilities and therefore; staff recommends denial bf this request: FINDINGS: (15) Before the Planning Commission grants any conditional use permit, it must make a finding of fact that the evidence presented shows tttat all of the following conditions existi (a) That the proposed use is properly bhe 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 (ApprdvaP Authority); (b) That the use will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located; (c) That the size and shape of the site proposed for use is adequate to allow the full developmeht of the proposed use'in a mannerhot detrimental to the particular area nor or to health and safety;! (d) That the traffidgenerated by the proposed use will not impose an undue burden upon the streets and highways desighed and improved to carry the traffic ih the area; and (e) That the granting of the cohditionalUse permit under the conditions imposed; if any, will not be detrimental to the health and safety of the'citizens of the City of Anaheim.. RECOMMENDATION: (16) Staff recommends that, unless additional or contrary information is received during fhe meeting, ahd based upon the evidence submitted to the Commission; including the evidence presented'ih this staff report; and prat and written evidence presented at the public hearing, that the Planning Commission take the following actions: (a) By motion, approve a Negative Declaration for the project: (b) By motion, deny the waiver pertaining to maximum fence height because if has been deleted. (c) By resolution; deny the telecommunications facility disguised as a faux pine tree as recommended in the attachetl resolution including the findings contained therein. page 5 Staff Report to the Planning Commission May 15, 2006 Item No. 12 IN THE EVENT THE COMMMISSION CHOSES TO APPROVE THIS REQUEST THE " FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS AN INTERDEPARTMENTAL COMMITTEE AND ARE RECOMMENDED FOR ADOPTION BY THE PLANNING COMMISSION. 1. That this telecommunications facility shall be limited to no more than four (4) sectors with no more than two (2) panel antenna on each sector on the existing lattice tower and accessory grouted-mouhted;equipment. The eighf(8) antennas shall tie limited to a to an operating center heightpf 35 feet. No additional antennas or equipment cabinets shall be permitted without the approval of the Planning Commission at a noticed public bearing.. Said information shall be specifically shown on the.plans submitted by building permits. 2. That the antennas shall be finished and painted to match the faux pine tree. Said information shall be specifically shown on the plans submitted by building permits. 3. That final elevations plans for the equipment enclosure shall be submitted to the Planning Service Division tb reflect enhanced building materials: Any decision by staff may be appealed to the Planning Commission as a "Repprts and Recommendations" item. 4. That all equipment, including supply cabinets and power metecshall be screened from the. public right-of-way. Ih addition the cable connecting to the equipment shalt be underground ahd sftall not be visible to the public: 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 equipmeht: This test shall be conducted by the Communications Division of the Orange County Sheriff's Department or a Division approved contractor at the expense of Operator 7. That the Operator shall provide a 24-houf telephone number to the Planning Services Division (to be forwarded to the Fire and Police Departments) to which interference problems maybe reported, and shall resolve all interference complaints within 24 hours. 8. That the Operator shalt ensure that any of its contractors, sub-contractors or agents, or any other user of the facility, shall comply with the termsand 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 petitioher's expense. Landscape and/or landscape screening of all pad mounted equipment shall be required and shall be specifically showh ohplans 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'. Page 6 Staff Report to the Planning Commission May 15. 2006. Item No. 12 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 to the faux pine tree.: 15. That landscape plans indicating ground cover, shrubs and trees shall be provided for the 10 foot wide setback along Center Street. Said information shall be specifically shown on plans submitted for building permits. Any decision by staff regarding said plans may be appealed to the Planning Commissibn as a Reports and Recommendations item. 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 5 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, whicheverbccurs first, Condition Nos. 1, 2, 3, 4, 10, 11, 12, and 15, above menticned, shall be cdmplied with. Extensions of further time to complete said conditions may. be granted in accordande with Section 18.60.170 of the Anaheim Municipal Code. 18. That prior to final building and zoning inspections, Condition Nos. 5, 6, 7, and 16, above mentioned, shall be complied with. Page 7 [DRAFT] RESOLUTION NO. PC2006--"' A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2006-05083 BE DENIED (1920 EAST CENTER 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 PARCEL 3 OF PARCEL MAP 83-233, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 184, PAGES 1 AND 2 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 15, 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 fol}owing facts: 1. That the applicant proposes to permit a telecommunications antenna (disguised as a pine tree) with accessory ground-mounted equipment with waiver of the following: SECTION 18.46.110.030 Maximum permitted fence height (DELETED) 2. That the above-mentioned waiver is hereby denied since it has been deleted. 3. That the faux pine tree telecommunications facility is hereby denied because the :proposed facility would adversely affect the adjoining land uses by creating a negative visual impact on adjoining land uses. The facility would be incompatible with the surrounding area as existing buildings are low level structures. In addition, the City has made a substantial. investment to enhance the streetscape in the area by installing planted medians and parkways and undergrounding existing power lines. Adding the proposed::. telecommunications facility would be in direct conflict with the goal of reducing overhead visual clutter. 4. 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 because the property is improved as an accessory parking lot for an adjacent restaurant and the site can not support the necessary structures that would allow the proposed facility to blend and meet the definition of "stealth" per the zoning code. In addition, the location of the parcel is very visible to adjacent streets and properties which make it a poor site for aground-mounted telecommunications facility. 5. That alternatives to better disguise the proposed facility exist and should be pursued to mitigate potential aesthetic impacts to the surrounding properties. 6. That "' people indicated their presence at said public hearing in opposition; and that no correspondence was received prior to the meeting. Cr\PC2006- -1- PC2006- CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Planning Commission has reviewed the proposal to permit a faux pine tree telecommunication facility; 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 15, 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, Eleanpr 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 15, 2006, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS:' IN WITNESS WHEREOF, I have hereunto set my hand this day pf 2006. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION. _2_ PC2006-