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PC 2007/08/06n ~ i ss~ a ®nday, August 6, 2007 Council Chamber, City Hall 200 South Anaheim Boulevard, Anaheim, California • Chairman: Kelly Buffa • Chairman Pro-Tempore: Joseph Karaki • Commissioners: Peter Agarwal, Gail Eastman, Stephen Faessel, Panky Romero, Pat Velasquez • Call To Order • Preliminary Plan Review 1:00 P.M. • Staff update to Commission on various City developments and issues (As requested by Planning Commission) • Preliminary Plan Review for items on the August 6, 2007 agenda For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary. • Recess To Public Hearing • Reconvene To Public Hearing 2:30 P.M. • Pledge Of Allegiance • Public Comments • Consent Calendar • Public Hearing Items • Adjournment You may leave a message for the Planning Commission using the fallowing e-mail address: planninacommission(o~anahetm.net H:\docslclericallagendas\(080607).doc (08/06/07) Page 1 Anaheim Planning Commission Agenda - 2:30 P.M. Items of Public Interest: • A Resolution of Appreciation acknowledging Cecilia Flores for her 4 years of service on the Planning Commission. • Oath or Affirmation of Allegiance: New Planning Commissioner -Peter Agarwal. 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. Reoorts and Recommendations 1A.(a) MISCELLANEOUS NO. 2007-00212 Agent: City of Anaheim 200 S. Anaheim Boulevard Anaheim, CA 92805 Location: 1969 South State College Boulevard Project Planner. Request to approve the Platinum Triangle Water Supply Assessment (skimQananeim.net) Amendment Document. Min s 16. Receiving and approving the Minutes from the Planning Commission Meeting of July 23, 2007. (Motion) H:\docs\clerical\agendas\(080607).doc (08/06/07) Page 2 Anaheim Planning Commission Agenda - 2:30 P.M. Items of Public Interest: Oath or Affirmation of Allegiance: New Planning Commissioner -Peter Agarwal. 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 Galendar for separate action. Resorts and Recommendations 1A.(a) MISCELLANEOUS NO. 2007-00212 Agent: City of Anaheim 200 S. Anaheim Boulevard Anaheim, CA 92805 Location: 1969 South State College Boulevard Request to approve the Platinum Triangle Water Supply Assessment Amendment Document. Min 1B. Receiving and approving the Minutes from the Planning Commission Meeting of July 23, 2007. (Motion) Project Planner.• (skim®anaheim.net) H:ldocslclericallagendasl(060607).doc (08106/07) Page 2 Public Hearing Items• 2a. CEQA NEGATIVE DECLARATION 2b. GENERAL PLAN AMENDMENT N0.2007-00455 2c. RECLASSIFICATION NO. 2007-00198 2d. WAIVER OF CODE REQUIREMENT 2e. CONDITIONAL USE PERMIT NO. 2007-05200 2f. TENTATIVE TRACT MAP NO. 17116 Owner: La Vue LLC 30622 La Vue Street Laguna Niguel, CA 92677 Agent: Mehdi'Ebrahimzadeh 30(122 La Vue Street Laguna Niguel, CA 92677 Location: 1556 West Katella Avenue: Property is approximately 0.78-acre, having a frontage of 130 feet on the south side of Katella Avenue and is located 170 feet west of the centerline of Bayless Street. General Plan Amendment No. 2007-00455 -Request to amend the land use element map of the General Plan redesignating the property from the General Commercial designation to the Law-Medium' Density Residential designation. Reclassification No. 2007-00198 -Request reclassification of the subject property from the T (Transition) zone to the RM-3 (Multiple-Family Residential) zone. Conditional Use Permit No. 2007-05200 -Request to construct a 14-unit attached residential planned unit development with modification to development standards and waiver of setback between buildings. Tentative Tract Map No. 17116 - To establish a 1-lot, 14-unit airspace attached residential condominium subdivision. Project Pianner.• (kwong2®anaheim. ne t) 'Advertised as "Medium". Continued from the July 9 and July 23, 2007, Planning Commission meeting. General Plan Amendment No Reclassification Resolution No. Conditional Use Permit Resolution No. Hi\docs\clerical\agendas\(060607).doc (OB/06I07) Page 3 3a. CEQA CATEGORICAL EXEMPTION -CLASS 3 AND 11 3b. CONDITIONAL USE PERMIT NO. 2007-05231 Owner: Cornelia Connelly School 2323 West Broadway Anaheim, CA 92804-2306 Agent: Joseph DeLuca Sr. PDC Facilities INC. 836 WestTown and Country Road Orange, CA 92868 Location: 2323 West Broadway: Property is approximately 6.5 acres, having a frontage of 454 feet on the north side of Broadway and is located 70 feet east of the centerline of Corner Street. Request to permit two (2) modular classrooms for an existing high school. Project Planner. (kwong2~anaheim.net) Conditional Use Permit Resolution No. 4a. CEQA CATEGORICAL EXEMPTION -CLASS 1 4b. CONDITIONAL USE PERMIT N0.2005-04974 4c. (TRACKING NO. CUP2007-05223) Owner: Gock W. Jung 433 South Vicki Lane Anaheim, CA 92804 Agent: Jonathan Hua 12201 Brookhurst Street Garden Grove, CA 92840 Location: 420-504 South Brookhurst Street: Property is approximately 1.5 acres, having a frontage of 305 feet on the east side of Brookhurst Street and is located 492 feet north of the centerline of Orange Avenue. Requests reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation and modification to the Project Pianner. hours of operation to retain a restaurant and banquet facility with on- (skoenm®ananeim.net) premises sales and consumption of alcoholic beverages. Conditional Use Permit Resolution No. H:\docs\clerical\agendas\(080607).doc (OBI06/07) Page 4 5a. CEQA CATEGORICAL EXEMPTION -CLASS 1 5b. CONDITIONAL USE PERMIT NO. 2007-05205 Owner: Juan Reynoso 1739 East Belmont Avenue Anaheim, CA 92805 Agent: Timm Saxton 107 South Adams Street Anaheim, CA 92802 Location: 107 South Adams Street: Property is approximately 0.2- acre, having a frontage of 150 feet along the west side of Adams Street and is located 112 feet south of the centerline of Center Street. Request to permit a bar with a cover charge. Conditional Use Permit Resolution No. 6a. CEQA CATEGORICAL EXEMPTION -CLASS 3 6b. CONDITIONAL USE PERMIT NO. 2007-05224: Owner: Anaheim Union High School District 501 Crescent Way Anaheim, CA 92801 Agent: John Koos 2923-A Saturn Street Brea, CA 92821 Location: 501 South Western Avenue: Property is approximately 37.4 acres and is located at the northwest corner of Westem Avenue and Orange Avenue. .Request to construct a telecommunications fapility with accessory ground- mounted equipment disguised as a flag pole. Conditional Use Permit Resolution No. H:\d ocs\clerical\age n d as\(080607 ). doc Pmject Planner. (skoehmQanaheim.neq Pmject Planner. (kwong2Qanaheim.vet) (08/06/07) Page 5 7a. NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) 7b. WAIVER OF CODE REQUIREMENT 7c. CONDITIONAL USE PERMIT NO. 2007-05184 7d. (TRACKING NO. CUP2007-05232) Owner: Roman Catholic Bishop of Orange 2811 East Willa Real Drive Orange, CA 92867 Agent: Bruce Camino 1915 Orangewood Orange, CA Location: 1450 East La Palma Avenue: Property is approximately 37.4 acres and is located at the northwest corner of Western Avenue and Orange Avenue. Request to amend apreviously-approved conditional use permit with waiver of parking lot lighting height adjoining residential property to permit parking lot lights at a church. Conditional Use Permit Resolution No. Project Planner. (dsee®anaheim.net) Adjourn To flAonday, August 20, 2007 at 1:00 P.flfl. for Preliminary Plan Review. H:\dots\clerical\agendas\(080607).doc (08106/07) Page 6 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 2:00 p.rn. August 2, 2007 (TIME) (DATE) LOCATION: COUNCIL C AMBER DISPLAY CASE AND N IL DISPLAY KIOSK SIGNED: i If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION ACTION Any action taken by the Planning Gommission 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 Ctry 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\(080607).doc (O6/O6I07) Page 7 SCHEDULE 2007 August 20 September 5 (Wed) September 17 October 1 October 15 October 29 November 14 (Wed) November 26 December 10 .December 24 (Cancelled) H:\dots\clerical\agendas\(080607):doc (08/06/07) Page 8 nem uNOEq ~'~n.N6o corvsm ~ RR449m~9 ~ _® (n n+~e~aifl~l C11P 2i<3 0.0..w9a1 I(PRAV1 1rzci T..>IY1 P.CL 9?00.15 qCL 20W-OOII9 ICVrmw :911T ftCL8400.15 ryu;tmasl RCL bid&H 1 PR,fU W IRRLL 565i8]FI flCL~001-0~129 Z cuv2662oesP] Icw 169) Q CUP 2002-DISH ICRP 6161 J C11P]g9i UNDER LUP2&6 W CO SIR ~ P-] 2®}236 0 GAG ei-01 5~ (RCL i0.Tt-]JI F- ILUP IU651 V] W ICVP 6161 GUP 200104916 ~ 11PTMV1 0 ICUP 3fO6O511ij S RCL ]20W-00129 UNDER U RCL58619] CONSIR WP4011 1 I ~ ILIXg410. SGUMEW4 C/LLJFORNN GAS WMPrWY GENE AUTRY WAY I IRe%min.msel F~ TT).1110~9 i 6T-1q cw 2]9s 535TH] I ' RLL 2604-00129F ,,, t RE6TAURANi{ `, , LMALL INU 4 O ~ 1NG. L ~ . 5L ' FIRMS 1A , , ~ ,. RCLBD9 8 ' ' RCL fi6fii-14 ~ + y j I 3 t RLL565]-93 1 R0.9 00-15 VM 4069 RCL 596>d] L ( t -SOW 2606-0Std11+ i J r y-." ~z IL ~ 9A~ LING. a: ;-=L= GUP 2662 F ~ ~" ~ i y ~: CUP 2508 ~' ~$:- ~ ~ . g FIMf6 ~ ~ ~ ' LUP 1567 w 3 ~e F 'T ~ pAG 2066-00004 C C7 W L , CLMMERCIAL 1 I EIRZOOfi 009]5 ~ ' t I - ~ ~, ,,. ~ h, 3 -~/y, 1 r;,, 'T 6RLP5 C" ~ j LPA 2006-0Obfi N19260i-00212 ~ ~ / k " 1 f ~ I t" ~ ' Q . . } , ,: y „, MIS 2006-0Ot62 1 p 3 U ,, P.~ IfA200T-00054p ,e-,as,- W I- `^ > Y ! 6~1M18 ~ ~" Y / H H q ; fn I Dl RLL09-00.f5 rb RCL 89M15 qcL 59Lia] R0.61d2@ ~ N LIR2024 R ] ~piM~ W L 6621 0. '~ O 9A b. . CfF1CE5 I(P1MV1 R40gffi15 VM~B R LL 99-0P115 R 0.16111 g0.6586U2 ~. . ) T (j~ ~.IL ¢ 4 RCL fi1d2L2 5651 ] RCL RyL(INO Wi R0.61d2d2 RLL 56.STA] RLL6667.14 ~~ rya ~~Q P 8 ~ CIIP 3919 RCLS6A)d] TfSP NIDEfl ¢QJpG VAR 3218 VM 1325 VM ]2I9 2.W8CCb® PSP 2fO5dR103 CGN9iR11LtIGN PARI(ING VAR3506 OFFlCES WT F6P2002-0960 ~G2WSdW06 T ~ - FSP~~ VAR]56T '4t.. 2~, 9 aw~zrli LI F ~ 0 ~ h9` G~ c 19Wh ~ ~ 4 (piM1~1 RA9 i S g LL 9 15 9 9ffi 15 g IIPf6W1 900. 5 RLL666/-14 qCL 58/'Id] RLL866i-11 RLL 66bT-6] RCLBB00.15 g0.~i,(q 80.61-02-09 R0.EG61-1I CVP 195] CNP 199 gCL66fi]a] RLLS&5IR] afP 195] VM]162 N-TICE9 CEq VAR]f9B OFRLES •• VAR]561 PI AiINUYTRUN91 YINEO U]E ~~~~~~_~.........................-........,.....~..._..:/e~[vyrlvtwm ___ pvm~ev>nuc Fr. ryrnful ' RCL 99Po~15 RCL 565ia] cuva66 cuP is6 OFFlCE &DG. PR PTMV RLL2 Od-0029 RLL664ii-19 ANGEL 6TAOIUM 9F PNAHEIM IND. FIRM I (PTMV) RCL 2000-00128 RCL 99-00.15 RCL BBST-14 RCL S65i-02 VAR 1235 RLL fib ypcgNr RLL$fi- Lnx ~V ~ I IPiV ~~fl~ ALL PROPERTIES ARE IN THE PLATINUM TRIANGLE. Miscellaneous Permit No. 2007-00212 Subject Property Date: August 6, 2007 Scale: Graphic Requested By: CITY OF ANAHEIM Q.S. No. 108 1969 South State College Boulevard aosss Ifcm Nln 7 m m m u~i ~ 9J m (r ~ 0' U > f- V) Q 2 U g N ¢ w W ~o O F- SU MAC LAN E h- W W 0' ~ RS-2 Z 1 DU EACH RM-] ¢ J RCL 5659-2 LI I RCL 20020006! Z CUP 2004-040: ~ TCUP 2003-0d81 ¢ CUP 2002-0003! U VACANT PRE-SCHOOL TACO BELL REST. KIMBERLY AVE RS-2 ~ 1 DU EACH m 0: I e T VAR 673 VAR 633 p,5-p -. f O,C,p.p, 1 DU EACH RS-2 DU EACH T RENT ON PL U N w RS-2 ~ ACH 1 DU U \ d W i 1 D EACH W H RCL 90-91-0t HOLGATE PL RCL 09-90-23 W RCL 86.87-13 rA RCL 05-86-06 RCL BO-81-06 C.G G-G W J (Res o! Invent le CL) RGL 62-63403 I ~' RS 2 RCL 78-79-23 RCLr-7 2 CUP 2673 m 1 DU CH RCL 62-63{5 DUTCH RCL 60-61.68 2001" W4B9 SOCIAL I fi0~S1-58 69b8-2 CUP 4098 CLUB RGL 61-62.179 OG CUP CUP 3299 CHURCH C-G I TCUP 2004-04829 mmc CUP CUP CUP 3214 ROFFI~51 t GUP 2000-09283 CUP 3420 ~~~~ VAR VAR 4169 CUP 3081 ~a ~e CONDOMINIUM t S j C ooo URCH OU MAL SHOPS ¢ KATELLA AVENUE t X130' 170' ~ CL 58.59- 6G RGL eLBS-42 T!, T '~ ( - ~ RM-2 w L 5663 CUP 2102 '" 10U 9 ~ r RCL 60-81-29 FU lAUNORY p RGL 2007-00 8 RCl7B-97-14 RrUNE RCL 97 92 72 - t ~ (Res. 0f IRI. fa CO) w TELLER s. of InL b C N t -~----RCL 63$404 ~-~ -°- a u UPi489 ~ t VAR 3206 C ___-_~ _ ,___ __~, C.Ci ' NACANi , I GDNDO6 C-G r RCL 5659- - 32 DU RCL 64-65-105 U W # s T-CUP 2003-04612 CUP 4160 ~ v~ ~~ CUP 4107 i 1 H CUP 3846 ~ N CUP 3741 CUP 3665 G3 ~ VAR 3569 m O T CUP 3426 r ~ STODDARD O U' ELEMENTARY SCHOOL CUP 1021 x O <' O~ VAR 4268 N ¢ RS2 ~ ~ `h` 3 t DU EACH ~ G TPM 2 260 ~ O Qy ~- / \ STRIP MALL O / J O ( \ f/V N General Plan Amendment No. 2007-00455 Reclassification No. 2007-00198 Conditional Use Permit No. 2007-05200 Tentative Tract Map No. 17116 Requested By: LA VUE LLC 1556 West Katella Avenue Subject Property Date: August 6, 2007 Scale: 1" = 200' Q.S. No. 58 10302 Staff Report to the Planning Commission August 6, 2002 Item No. 2 2a. CEQA NEGATIVE DECLARATION (Motion) 2b. GENERAL PLAN AMENDMENT NO. 2007-00455 (Motion) 2c. RECLASSIFICATIOMN0:2007-00198 (Resolution) 2d. CONDITIONAL USE PERMIT NOc 2007-05200 (Resolution) 2e. TENTATIVE TRACT MAP NO. 17116 (Motion): SITE LOCATION AND DESCRIPTION: (1} This 0.78-acre property is identified as 1556 West Katella Avenue: The property owner and applicant is Mehdi Ebrahimzadeh representing La Vue LLC. REQUEST: (2) The applicant requests approval of the following applications: (a) :General Plan Amendment No( 2007-00455 - to amend the Land Use Element Map of the General Plan to redesignate the property from the General Commercial designation to the Low Medium Density Residential designation.' (b) Reclassification No. 2007-00196 - to reclassify the property from the Transition (T) zone to the Multiple-Family Residential (RM-3)zone. (c) Conditional Use Permit No: 2007-05200'- to construct a 14-unit attached single- family. residential condominium complex under authority of Code Section Nos. r 18.06.030:040.0402 (Dwellings =Single-FamilyAttaofied) and 18.06.160 with waiver of the following provisions: CODE SECTION NO. 18.06.090.050 Distance between buildino walls. Withdrawn by applicant. CODE SECTION NO. 18.40.060.030 Improvement of private street. (28 foot wide street, 4 foot sidewalk, 6 foot food wide parkway required; 28 foot wide street, noparkway and sidewalk proposed) (d) Tentative Tract Mao No. 17116 - to establish a 1-lot, 14-unit airspace attached residential condominium subdivision. 'Advertised as Medium Density Residential BACKGROUND: (3) This property is currently vacant and is located within the Transition (T) zone. The General Plan designates this property and the property to the south for Low Density Residential land uses. Properties to the north (across Katella Avenue) and west are designated for General Commercial land uses and properties to the east for Medium Density Residential. land uses. Page 1 Staff Report to the Planning Commission August 6, 2007 Item No. 2 GENERAL PLAN AMENDMENT REQUEST:. (4) :The applicant requests an amendment to the Land Use Element Map of the General Plan to amend the property from the General'Commercial land use designation to the Medium Density Residential land use designation. (5) The Land Use Element of the Anaheim General Plan`is the official guide for future development within the City and is intended to promote an arrangement of land uses, highways and public serviceswhich'provide orderly development and adequate provisidn for public improvements:: Sihce the initial adoption of the General Plan in November 1969, the Planning Commissiortand City Council have viewed the General Plan as being flexible within specified ranges. (6) The existing General Commercial land use desighation is intended to provide for the` dt:velopmenf of a variety of commercial uses and is typically implemented by C-G (General Commercial) zone: The attached Exhitiit A shows the existing anti proposed General Plan designatldnsfor the project site: (7) The proposed Low Medium Density Residential land use designation is intended to provide > for the development df small-lotsingle-family homes, condominiums, townhomes, and apartments not exceeding the maximum density range as prescribed by the General Plan and zoning. This designation is typically implemented by the RS-4 (Single Family Residential), RM-1'; RM-2,'and RM-3 (Multiple Family Residehtial) zones. The Low Medium Density Residential land use designation would permit a theoretical maximum of up to 14 units at a density of 18 dwelling units per gross acre fdr this property: Staff believes that the Low Medium Density Residential land use designatitn is appropriate for e this property. The proposed condominiums would be compatible with thebondominiums to the northeast across Katella Avenue (which are located in tht: RM-3 zoneJand condominiums to the west (whicft are located in the RM-2 zone): PROPOSAL: (8) The applicant is requesting reclassification of the property from the T (Transition) zone to the RM-3 (Multiple Famity Residential) zone in connection with a conditional use permit and tentative tractmap to'cdnstruct 14 attached units: The site plan and tentative tract map indicate the following site characteristics: sue ,urea: .79 acres 34,412 s.f. N/A Number of Dwelling 14 dwelling units / 17.7 14 units maximum/18 d.u. per Units/Densit d.u: er acre acre Average Land Area er Unit 2,458 s.f. 2,400 s.f. minimum Lot Covera a 30 % < 45% maximum Avg. Rec/Leisure 577 s.f: per unit (8,080 s.f: Area er Dll , total '' 350 s.f. per unit (4,900s.f. total) Page 2 Staff Report to the Planning Commission August 6, 2007 Item No. 2 I "~~ r ~, ~ rye r a~~; ~ ~ r„ ai~~C v ~~ ~... ~i .~v »~ ~;~ ~ ~ ~" ~ ~ 3, w„~ ,, ;,.,. ft ~. ~~ ~~b v,., ~i r9Y`.<e er,„ N. ~~ . '~^- Ham Aerial view of vacant site (g) The'site plan and tentative map indicate the following setbacks: Gode-Required Building ~ ~~ Proposed Building and~`.~~ ~ "~~ and Landscapetl Adjacent Direetlon, ~ ~~"'Landscaped Setbacks ~~~ Setbacksr~.` ~ Zoning ; RM3 `>- Northadjacentto ~ 1g-21 feetbuilding~ 15 feet building`. C-G Katella Avenue 19-21 feet`landscaped 15 feet landscaped Units 7 & 8 1 floor)* 9.25-15 feet building ( 10 feet building (1~afloor) EastadJacent to- d 15 feet building (2" floor) 15 feet buildin~ (2 flocr) N/A flood channel m 20 feet building (3 .floor) 15 feet (3 floor) > (Units 8-13) ' g.25-15 feet landsca ed 5 feetiandsca ed afy nt to 15 feet building (i~afloor)b 20 feet (1~floor) single-fam 15 feet building (2 floor] 25 feet (2 floor) RS-2 residence ' 15 feet landscaped 10 feet andscaped Units 1 & 14 ) 25 feet building (2~ floor) adjacent tosingle- residence family * 2230 feet building (2nd floor 55 feet building (3 floor) RS-2 . Units 1-3 18-25 feet landscaped 10 feet landsca ed West adjacent to 15 feet (1~ floor) building 10 feet building (1s~ floor) T Page 3 1 Staff Report to the Planning Commission August 6, 2007 Item No. 2 office use - 18 feet (2" floor) building 15 feet building (2" floor) (Units 47) 24-25 feef (3`~ floor) building ;, 15 feetbuilding (3`" floor) 15 feet landsca ed 5 feet lahdsca ed mouu (10) proposf garage spaces (11) Thefl two-c. floor ~ rooi goer ~ as follows: ro ~e good project design; privacy; livability, and :way from Katella Avenue. Decorative ated into the drivewayentry. The site plan subdivision, with two'(2) spaces within a :es. 'Code requires a total of 38 parking ices fora 3-bedroom unit (3 x 8 units= 24 25x6=13.5}: and 3-story units consisting of an attached ~wder room on the first floor. The second athrooms, laundry room and a loft, Number of ; Living Area Plan ~E, Units Garage Area Number of Bedrooms lfotal 1,569 square feet A 2 450 square feet 2'Bedrooms 2,019 square feet 1,580 square feet 13 2 440 square feet 2 Bedrooms 2,020 square feat (1;721 square feet C B 440 square feet 3 Bedrooms. '2;181 square feet 1,165 square feet D 2 440 square feet 2 Bedrooms 1,605 square feet (12) Elevation drawings show that the buildings would tie a maximum of 31.8 feet high, with a range of two and three story units: Plans indicate a concrete the roof; stucco finished exterior walls with the use ofstone veneer, wood Biding, shutters, and decorative cdrbels. {13) The conceptual landscape plan lhdlcates four (4) 24 inch box size Pink Trumpettrees, assorted shrubs and ground cover, and'sod to be planted along Katella Avenue. The private rear yards would be improved by each individual homeowner Staff has also: included a donditlohef apprdval requiring a detailed landscape plan to ensure that the plan ihcorporates a layered landscape theme along KateilaAvenue; ENVIRONMENTAL IMPACT ANALYSIS; (14) Staff has reviewed the proposal and prepared an Initial Study which is available for review in the Planning Department: The study concludes that there will be no sighiftcant Page 4 l Staff Report to the Planning Commission August 6, 200T Item No. 2 environmental impacts; therefore, staff recommends that a Negative Declaration be approved. EVALUATION: (15) The applicantrequests an amendment to the GeneraLPlan land use designation from General Commercial to Low Medium Density Residential and rezoning of the. property from the T(Transition) to tZM-3 (Multiple Family Residential) zone. The requested rezoning would be compatible with the proposed General Plan. designation of Low Density. Residential: Staff believes that the RM-3 zone is compatible with the adjacent condominiums to the northeast across Katella Avenue and east across the flood control channel (16) The waiver pertaining to minimum distancebetween buildings has been withdrawn by the applicant. (17) Attached single family residences are permitted in the RM-3 zone subject to the approval bf a conditional' use permifunder authority of Code Section 18.06.160 pertaining to residential planned unit developments. Modification to standards is allowed in order to achieve good project design, privacy, livability, and compatibility with surrounding uses, The project varies from the Code with regard to building setbacks as outlined in paragraph 5above. (18) The proposed land use is compatible with the surrounding multiple-family uses across Katetla Avenue and east across the floodbantrol channel. Modification of setbacks adjacent to asingle-family residential zone boundary is requested: One of the modifications would. be for the rear yards for Units 6 through 13 abutting the flood control channel. The proposed setbacks aFe adequate as these minor deviations would noFlimit the privacy of adjacent neighbors due to the proposed units' adjacency to the flood channel. Modifications are also. requested for the units adjacent to the single-family ; residences. Plans indicate tall trees to be planted in order to provide an adequate buffer between the two uses: Furthermore, windows on the second story are for bathrooms and hallways. and are proposed td be opaque to maximize privacy for the adjacent residences. (19) The applicant also requests to waive the minimum standards of a private street. Putilic Works Standards require a 4-foot wide sidewalk and 6-foot wide parkway on'each side of the street proposed, and plans do not indicate a sidewalk or parkway. Staff believes that providing a designated pedestrian access is important for the safety of the residents, and therefore, does not support this waiver request. The incorporation of a private street would result in a redesign of the project. (20) The proposed subdivision is consistent with the proposed General Plan. However, staff recommends a continuance of the project for the project to modify the project to comply with the minimum standards of a private street. FINDINGS:. (21) Before the Planning Commission grants any conditional use permit for a residential planned unit development, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: Page 5 1 Staff Report to the Planning Commission August 6, 2007 Item No. 2 (a) Tfie uses within the. project are compatible; (ti) New buildings or structures related to the project are compatible with the scale, mass, bulk, and orientation of existing buildings in the surrounding area, provided the existing buildings conform with the provisions of this title; (c) Vehicular and pedestrian access'are adequate; (d) The project is consistent with applicable design guidelines adopted bythe City; (e) The size and shape of the site proposed for the use is' adequate to allow the full developmenYof the proposed use in a manner not detrimental td theparticular `area; (f) The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; (g) The project complies with the General Plan and any applicable zoning or specific plan; and (h) The granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the. peace, health, safety and general welfare of thecitizens of the City of Anaheim:' (22) "The State Subdivision Map Act (Government Code, Section 66473.5) makes it mandatory to include in alf motions approving, or recommending approval of a tract map, a specific finding that the proposed Subdivision together with its design and improvement is aonsistenfwith the'City's General Plan. Further, the law requires that the' Commission make any of the fdllowing findings when denying or recommending deniafof a tracfmap: T.' ` ThaEthe proposed map js not consistent with applicable GeneraF and Specific Plans. 2: ' That the design or improvement of the proposed subdivision is hofconsistent with applicable General and Specific Plans. 3: Tfiaf the site is not physically suitable for the type of development: 4: ' That the site is not physically suitable for the proposed density of development. 5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat: 6: That the design of the subdivision or the typebf improvements is likely to cause serious public health problems: 7: That the design of the subdivision or the type of improvements will conflict with easements;acquiredbythe publicat latge, for' access through or•LSe of property within the proposed subdivision " Page 6 Staff Report to the. Planning Commission August 6, 2007 Item No. 2 RECOMMENDATION: (23) Staff recommends that the Planning Commission continue the request to allow the applicant to make modifications to the project as recommended. Page 7 1 Item No. 3 vAR 4o4i ~PA 139 ~ ~~ RM-2 BCC) 0 RC RM-2 (fiCC) RCL 2003-DOD95 L 20 1-00063 RCL 96-99-11 TO N O ES RCL 2003-D0093 RCL 62-63-28 76 U RCL 96-99-11 RCL 6263-26 T-CUP 2003-04776 CU 661 7-CUP 2003-04776 CUP 34 9 CUP 2003-04667 CUP 2053 CUP 3429 CUP 307 CUP 307 VAR 4041 - VAR 4041 -_ CANOPY L N ._ w z 5 o Rs-z -_® z g 1 U EA H TRANSIT AVENUE rn ~ _- Z N Q Q' q IL O ~~ U a- MALL AVE m RS-2 1 DU EAC -{ 70' W O CUP 2007-05231 ~,,, ~ ~ r T-CUP 2005-05047 s T-CUP 2004-p4672 ~ CUP 2671 k r ~n VAR 2277 ( ~: m (CUP 223) t ~ `` fO )RNELIA CONNELL '' ' HIGH SCHOOL - , ~. ~, -454'- BROADWAY H V) Q W O o! Conditional Use Permit No. 2007-05231 Requested By: CORNELIA CONNELLY SCHOOL 2323 West Broadway -Cornelia Connelly High School RM-4 RCL 66-69.76 RCL 68-69-71 VAR 2057 APARTMENTS 766 DU J x _U Z W D: ~' Subject Property pate: August 6, 2007 Scale: 1" = 200' Q.S. No. 33 10334 ITEM N0.3 PLANNING COMMISSION AGENDA REPORT City of Anaheim PLANNING DEPARTMENT DATE: AUGUST 6, 2007 FROM: PLANNING DIRECTOR. SUBJECT: CONDITIONAL USE PERMIT N0.2007-05231-REQUEST TO PERMIT TWO (2) MODULAR CLASSROOMS LOCATION: 2323 West Broadway. APPLICANT/PROPERTYQWNER: PDC Facilities/Comelia Connelly School. RECOMMENDATION: Staff recommends that the Commission take the following actions: (a) By motion, approve a CEQA Categorical Exemption, Classes 3 and 11 (New Construction and Accessory Structures). (b) By resolution, approve Conditional Use Permit No. 2007-05231: REQUEST: The applicant requests approval to permit two (2) modular units for an exisfing high school. BACKGROUND: This property is developed with Comelia Connelly School and is located`within the Transition (T) zone. The General Plan designates this property for school uses: Properties to the north are designated for Low-Medium Density Residential land uses, properties to the east for Medium Density Residential land uses, and properties to the south and west for Low Density Residential land uses: Conditional Use Permit No. 2871, a request to construct a new gymnasium on the site was approved by the Planning Commission on September 20, 2004 (Tracking No. CUP2004-04872). The gymnasium is under construction. PROPOSAL: The applicant proposes to construct two (2) modular units. The site plan shows each modular unit would be 950 square feet. Since an increased student enrollment is not proposed, additional pazking spaces would not be required: The modular units would' create additional space for existing academic classes while the gymnasium and art complex is under construction: ANALYSIS: Modular units are conditionally permitted within the Transition zone. The 200 S. Anaheim Blvd r0 osed modulazunits are com atible with the existing school operations. The modular suite#1s2 P P P Ananetm, ca szao5. units will not be visible from adjoining properties because they would be located at the Tel: (714) 765-5139 Fax: (714) 765-5260 www.anaheim.net :CONDITIONAL USE PERMIT NO. 2007-05231 August 6, 2007 Page2of2 rear of the property and surrounded by existing school buildings, School enrollment will not be increased; therefore,.vehicular traffic and parking demands would not change: Therefore, staff recommends approval of this request. Respectfully submitted, Concurred by, C_~ Principal Planner Planning Director Attachments: 1: Letter of Operation PR®JECT SUNIIVIARY CUP2007~05231 I9evelo gnent S#andard 'Pro used Pro'ect 'T zone standards Site Area 6.5 N/A Parking 168 s aces* 977 s aces Building setbacks Adiacent to: Feet Broadway 520 25 ..Side 20 10 Rear 50 25 Signs No signs plans submitted Will comply with Code requirements *Existing pazkmg sttuanon. [®RAFTj RESOLUTION NO. PC2007--"' A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT N0.2007-05231 BE GRANTED (2323 WEST BROADWAY) 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: ALL THAT CERTAIN LAND SITUATED IN SECTION 18, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LIEN OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 10 WEST, S.B.B. & M. NORTH 88° 15" EAST 865.95 FEET FROM THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID NORTHEAST QUARTER AND RUNNING THENCE NORTH 0° 21' 00" WEST 666.49 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID NORTHEAST QUARTER; THENCE NORTH 88° 58' 07" WEST 230.60 FEET FROM THE NORTHEAST QUARTER; THENCE SOUTH 0° 18' 10" EAST 666.50 FEET A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID NORTHEAST QUARTER WHICH SAID POINT IS SOUTH 88° 58' 15" WEST 1548.50 FEET FROM THE SOUTHEAST CORNER OF THE NORTH HALF OF SAID NORTHEAST QUARTER; THENCE SOUTH 88° 58' 15" WEST 225.15 FEET TO THE POINT OF BEGINNING. ALL THAT CERTAIN LAND SITUATED IN SECTION 18, TOWNSHIP 4 SOUTH RANGE 10 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51 PAGES 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF` THE NORTHEAST OF THE NORTHEAST QUARTER OF SECTION' 18, TOWNSHIP 4 SOUTH, RANGE 10 WEST, S.B.B & M. NORTH 88° 58' 15" EAST 1091.10 FEET FROM THE SOUTHWEST QUARTER" OF SAID NORTHEAST QUARTER AND RUNNING THENCE NORTH 0° 18' 10" WEST 566.50 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID NORTHEAST QUARTER; THENCE NORTH 88° 58' 07" EAST 230.60 FEET TO THE NORTHEAST CORNER OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID NORTHEAST QUARTER; THENCE SOUTH 0° 08' 25" EAST 666.51 FEET TO THE SOUTHEAST CORNER OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID NORTHEAST QUARTER; THENCE SOUTH 68° 58' 15"WEST 228.70 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 August 6, 2007, 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: Cr\PC2007- -1- PC2007- 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Sections 18.14.030.040.0402 (Education Institutions -General) and 18.14.030:080 (Temporary Modular Units). 2. That modular units would be used in conjunction with a previously approved private educational institution only and would not adversely affect the adjoining land uses or the growth and development of the area since student enrollment would not be increased, and there is no significant change in the operation of the existing school - 3. That there will be no added traffic or parking impacts that would occur due to the addition of the two (2) modular buildings since enrollment would not increase. 4. That the granting of this permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim since there will be no significant change in the existing land use and operation on the site. 5. That "' indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning staff has determined that the proposed project falls within the definition of Categorical Exemptions, Sections 15303 and 15311, Class 3 and 11 (New Construction and Accessory Structures), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health and safety of the Citizens of the City of Anaheim: 1. That within a period of one (1) year from the date of this resolution, the applicant shall obtain any necessary building permits and shall obtain Building Division clearance for the modular units. Prior to final building and zoning inspections the following conditions shall be complied with: 2. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 3, and as conditioned herein. General Conditions: 3. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from the time of discovery. 4. That timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. -2- PC2007- 5. That extensions for further time to complete conditions of approval maybe granted in accordance with Section 18:60.170 of the Anaheim Municipal. 6. That approval of this application constitutes approval of the proposed request only to the extent that it_ ,_ complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 6, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and maybe replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION 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 August 6, 2007, by the fallowing vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of .2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2007- Attachment -Item No. 3 May 25, 2007 Kimberly Wong City of Anaheim 200 S. Anaheim Blvd., 2"d Floor Anaheim, CA 92805 Re: Request for Temporazy Modulaz Buildings Comelia Connelly School 2323 W. Broadway Anaheim. CA 92804 714-776-1717 Deaz Ms Wong: We aze requesting to install two (2) temporary modular buildings on the campus of Comelia Connelly School. The reason for needing the temporary modular buildings is to create more space for our existing academic classes, while the new Gymnasium and Art Complex is being constructed. We are currenfly conducting classes in the Library, and the temporary modutaz buildings would allow the Library to be returned to its normal function. The new modular buildings will not increase staffing or student eru~ollment. We thank you in advance for your help with this matter. PIease Iet me know if you need any additional information, Sincerely, Sr. Francine Gunther Item Nn_ ~ RCL 2005-001 d5 RCL x05.00145 AREA ND. 2 VE c1 tLOCaL auslnassl GG VAR 1157 5 RCL 96-99-i i RCL 63.64-110 3) ROL OB B9-11 CUP2]39 CUP 1494 RCL 63.64-116 (6) CUP 1fi]5 T RCL 59-EO-29 )R c1 ~-~-;1p vaR razz 0 II C~ w f< RCL 98-89-11 i ~ RC all) O C UP 2tae ~ CUP 670 a ~ N F RCL 98.99-1i~ CUP 2489 fn RCL 63-64-11 B (2) CUP 2431 R' CUP 3269 CUP 24 t6 ~ CUP 3044 CUP 994 = Y cc (ecc) O RCL B9-B9-11 RCL ®-64-110 (6) CUP 3513 m CUP 3044 o N SMALL SH OPS 1p T CUP 3468 u VPR 1807 5 CHURCH cL s]-s4-n 6 ( ) VAR 3610 CUppP 23Z7]0 VSMALLfi SHOPS ORANGE AVENUE cc (ecc11 RCL 98-59-11 RLL 50-60-103 0 06 - Od.BfiS CUP 2 V A R C ~ OPFIGE CG ftCL 99-B9-1. RCL 59.60-1 W CUP 3]52 VAR d33 Z RCL 93-99-11 o-c N U ROL 59-60-10_ va8434 ~ PG ~ CU t7]t CUP 646 SMALL SHOPS &REST. ~~ ~ . . RLL009&11 i.CUP tmo-d511j RCL5BS0.ID] T4:UP 2m1-01457{ RCL56d7.2 CUP200001277 1 T4:UP2m]-Oi22] VAR49 cuPZ00w4974 ~ecoooPn-Aae~- . 262'` GG P ~ ~ Q¢ ~ TCtI 001 -OC457 2 W ~ CUP2000.0427) T4;UP 20W-D1512 ~ VAR 2002+14530 VAR diT CHIROPRACTOR C-G (BCC) RLL 56-61$ VAR 1160 - VAR 433 C-G (BCC) RCL 98-99-11 RCL 56 57 2 - - CUP 2001.04419 VAR 433 ' Sti1nLL SHOPS c-c lace REST. RCL aB-9& 1 RCL ~6~~2 RCL 98.99C11 VAR 2276 9 VAR 433 VAR 2240 VAR 431 rcuP zuw-uaf 32 -CUP 1742 = T4;UP 2006-05095 CUP2004-01544 RM-0 T4:UP 2005-05010 W P 3]M IN N OUT w VQ CL 67.66.73 CUP 2004-01644 CUP 2491 C-G (BCC) mW VAR 1070 cua2on RCL 98-99-11 ~~ FARTMENITS cuPf9w RCL 64.06-123 D 650U TrcN ZOm-mex cc (accl RCL 64-Ci6.13 TFCN 2005-00072 RCL 98.99-11 pcL S7-Sa-x RCL 5B-60-70 PCN 2001-00015 CUP 2004-04844 fid-65-13 SMALL SHOPS BANK Conditional Use Permit No. 2005-04974 TRACKING NO. CUP2007-05223 Requested By: GOCK W JUNG 420-504 South Brookhurst St -Seafood Palace Restaurant 10335 'i VALLI 2 =_ ..: __. I ~ q NW I ~ ~ ~~ ELM AVE F W 2 U 0' Q U U ~ Q Q W ~ o ~ N F Y 1 DL w J ~ N ~. Subject Property Date: August 6, 2007 Scale: 1 " = 200' Q.S. No. 40 a Conditional Use. Permit No. 20p5-04974 TRACKING NO. CUP2007-05223 Requested By: GOCK W JUNG 420-504 South Brookhurst St -Seafood Palace Restaurant Date.of AP =July: 10335 P~PNEIM CgCF ITEM N0.4 O~ Om 2 ' ~ PLANNING COMMISSION AGENDA REPORT City of Anaheim PLANNING DEPARTMENT DATE: AUGUST 6, 2007 FROM: PLANNING DIRECTOR SUBJECT: CONDITIONAL IISE PERMIT NO. 2005-04974 (TRACHING NO. CUP2007-05223) LOCATION: 420-504 South Brookhurst Street APPLICANT/PROPERTY OWNER: Gock Woey Jung RECOMMENDATION: Staff recommends that the Commission take the following actions: (a) By motion, approve a Categorical Exemption (Class 1).; (b) By resolution, approve the amendment to Conditional Use Permit No. 2005- 04974: REQUEST: The applicant requests modification to conditions of approval to continue operation and extend the hours of operation for a restaurant and banquet facility with on-premise sales and consumption of alcoholic beverages. BACKGROUND: This property is cun•ently developed with the Seafood Palace restaurant and banquet facility with on-premise sales and consumption of alcoholic beverages. The property is zoned General Commercial and is within the Brookhurst Commercial Corridor Overlay Zone. The General Plan designates this property and properties to the north, south and west for Corridor Residential land uses and the properties to the east for Low Density Residential land uses. The following is a summary of City actions that have taken place on this property which are relevant to the current request: - A conditional use permit was approved in 2000 to retain and permit a banquet hall with service, but not sales, of alcoholic beverages for on-premises consumption. In 2005, the Planning Commission approved a request to permit on-premises sales and consumption of alcoholic beverages.. This permit contained a condition of approval limiting the hours.. zoos. Ananefm awd• of operation to Sunday through Friday from 9 a:m. to 10 p.m: and Saturday from 9 a.m. suite #162 Anaheim, CA 92805 Tal: (714) 765-5139 Fax: (714) 755-5280 www.anaheim.net CONDITIONAL USE PERMIT NO. 2005-04974 Angus[ 6, 2007 Page 2 of 2 to 11 p.m. The approval also included a condition stipulating the authorization to serve alcoholic beverages shall expire on May 2, 2007. PROP®S.4L: The applicant is requesting extension of the alcohol portion of the permit. The applicant indicates that often reservations are made a yeaz in advance and the deletion of the lime limitation is necessary to maintain a continuous business operation: sThe applicant is also requesting a modification of the condition of approval to extend the hours of operation to Monday through Thursday from 9 a:m to l0 p:m. and Fridaythrough Sunday from 9 a.m: to 12 a.m. ` to provide greater flexibility for wedding receptions. ANALYSIS: Code permits the sale of alcoholic beverages for on-premises consumption in conjunction with a banquet facility or restaurant subject to a conditional use permit. The applicant has maintained the property in compliance with Code requirements and there are no outstanding Code Enforcement violations on this property: Staff has evaluated the proposal with the Police Departmenf and believes that the continued operation of the banquet facility with extended hours would be'appropriate for this location. Therefore, staff recommends approval'of the project,'as condifioned in the attached draft resolution. Respectfully submitted, Concurred by, ~~_~ ~" Principal Planner Planning Director Attachments 1. Project Summary 2." Community Preservation Division Memo 3. Original Planning Commission Resolution PR®JECT SUMIVIARI' Conditional YJse Permit No. 2005-04974 lDeve]o went Standard Pro osed Pro'ect [list zone] Standa_ rds Site Area 1.S acre N/A Parking 213 spaces 203 s aces Landscaping Front 12-18 ft.* 1S ft. Side None None Reaz 2 ft.* 10 8. Building Setback Front 12-18 ft.* 1S ft. Side None None Reaz 1S3 ft. 51 ft. Floor Area Ratio 0.12 N/A Buildin Height Sin le story structure 6 stories (7S feet) ft. * These conditions were in effect prior to the adoption of current development standazds and aze legal nonconforming. [®~zAF~ RESOLUTION NO. PC2007--"' A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 2005-04974, AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2005-77, ADOPTED THEREWITH (420-504 SOUTH BROOKHURST STREET) WHEREAS, on May 2, 2005, the Anaheim Planning Commission, by its Resolution No. PC2005- 77 approved Conditional Use Permit No. 2005-04974 to permit a restaurantbanquet facility with on-premises sale and consumption of alcoholic beverages on property located at 420 South Brookhurst; and WHEREAS, said Resolution No. PC2005-77 includes the following conditions of approval: "1 That the on-premises sales and consumption of alcoholic beverages portion of this conditional use permit shall expire on May 2, 2007. 5. That the hours of operation shall be limited to Sunday through Friday 9 a.m. to 10 p.m. and Saturday 9 a.m. to 11 p.m WHEREAS, this property is currently developed with a restauranUbanquet facility, the underlying zoning is C-G, BCC (General Commercial, Brookhurst Commercial Corridor Overlay); the Anaheim General Plan designates this property for Corridor Residential land uses; and the property is located within the West Anaheim Commercial Corridors Redevelopment Area; and WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Reinstatement of Conditional Use Permit to modify or delete a condition of approval pertaining to a time limitation and hours of operation to retain apreviously-approved restauranUbanquet facility with on-premises sale and consumption of alcoholic beverages pursuant to Code Section Nos. 18.08.030.040.0402 (Recreation -Commercial Indoor) and 18.60.180 of the Anaheim Municipal Code for certain real property situated in the City of Anaheim County of Orange, State of California, described as: THE NORTH 50 FEET OF LOT 4, IN BLOCK B OF TRACT 13, AS PER MAP RECORDED IN BOOK 9, PAGE 12 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 August 6, 2007, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed amendment and to investigate and make findings and recommendations in connection therewith; 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 reinstate a restauranUbanquet facility with on-premises sale and consumption of alcoholic beverages is authorized by the Anaheim Municipal Code Section Nos. 18.08.030.040.0402 (Recreation -Commercial Indoor) and 18.60.180. 2. That the proposed reinstatement and deletion of time limitation for the restaurantbanquet facility would not adversely affect the adjoining land uses and the growth and development of the area in which it is currently located because the facility already exists and is operated in conformance with all conditions of approval CR\PC2007- -1- PC2007- 3. That the facts necessary to support each .and every required showing for the original approval of the entiklement exists; and that an inspection conducted by the Community Preservation Division of the Planning Department revealed that the site is in compliance with all conditions of approval. 4. That this conditional use permit is being exercised in a manner not detrimental to the particular .area and surrounding land uses, nor to the public health and safety. 5. That the deletion of the time limitation is appropriate because it has been demonstrated that the use has operated in a manner that is appropriate in the underlying zone and the periodic review of the use is no longer necessary. 6. That *" indicated their presence at the public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: Planning staff has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing Facilities), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission, for the reasons hereinabove stated, does hereby reinstate Conditional Use Permit No. 2005-04974, to retain a restauranUbanquet facility with on-premises sale and consumption of alcoholic beverages at 420 South Brookhurst. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby amend the conditions of approval of Resolution No. 2005-77, relating to Conditional Use Permit No. 2005-04974, as follows: 1. That no admission fee or any other type of public entrance fee shall be permitted for this facility:. 2. That the activities occurring in conjunction with the operation of this establishment shall not cause noise disturbance to surrounding properties. 3. That there shall be no pool tables or coin-operated amusement devices maintained upon the premises at any time. 4. That the hours of operation shall be limited to: Monday through Thursday 9 a.m. to 10 p.m. and Friday through Sunday 9 a.m. to 12 a.m. 5. That a manager shall be on-site at all times while the banquet facility is in operation. 6. That at all times when the facility is being utilized as a banquet facility, uniformed security shall be provided to the satisfaction of the Anaheim Police Department to deter unlawful conduct on the part of patrons, and to promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbance to the neighborhood by excessive noise generated by patrons entering or leaving the premises. 7. That all doors serving subject restaurant shall conform to the requirements of the Uniform Fire Code and shall be kept closed at all times during the operation of the premises except for ingress/egress, permit deliveries .and in cases of emergency. That the door located on the east wall of the building shall be kept closed and inaccessible from the exterior of the building to prevent noise impacts tc the adjacent residential properties, except in cases of emergency 8. That at all times when the premises is open for business, the premises shall be maintained as a bona fide restaurant as defined in the Anaheim Municipal Code as an establishment that is engaged primarily in the business of preparing and serving meals for immediate consumption. The term "primarily' shall mean that food and nonalcoholic beverages sales comprise a minimum of sixty percent (60%) of the -2- PC2007- 1 gross income from the establishment's business operation. Service of alcoholic beverages is, and shall at all times be, accessory to the primary restaurant use. 9. That there shall be no bar or lounge area upon the licensed premise maintained for the purposes of- = - sales, service, or consumption of alcoholic beverages directly to patrons for consumption. 10. That the gross sales of alcoholic beverages shall not exceed 40 percent of the gross sales of sll retail sales during any three (3) month period. The applicant shall maintain records on a quarterly basis indicating the separate amounts of sales of alcoholic beverages and other items. These records shall be made available for inspection by any City of Anaheim official when requested. 11. That the sale of alcoholic beverages for consumption off the premise shall be prohibited. 12. That there shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 13. That the parking serving the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lit. Said lighting shall be directed, positioned and shielded in such a manner as not to unreasonably illuminate the windows of nearby residences. 14. That all doors serving subject restaurant shall conform to the requirement of the Uniform Fire Code and shall be kept closed at all times during the operation of the premises except for ingress/egress, permit deliveries and in cases of emergency. 15. That subject alcoholic beverage license shall not be exchanged for a public premise (bar) type license nor shall the establishment be operated as a public premise as defined in Section 23039 of the Business and Professions Code. BE IT FURTHER RESOLVED that, except as amended herein, Resolution No. PC2005-77 shall remain in full force and effect. 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 competentjurisdiction, 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 August 6, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM .PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION _3_ PC2007- 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 August 6, 2007, 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 2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2007- Attachment -Item Mo. 4 MEMORANDUM CITY OF ANAHEIM Community Preservation Division DATE: JUNE 25, 2007 TO: SCOTT KOEHM, PLANNER FROM: MARK DICKINSON #1015, COMMUNITY PRESERVATION OFFICER SUBJECT: 420 S. BROOKHURST ST. On June 22, 2007, I conducted an inspection of the property located at 420 S. Brookhurst St. The inspection was in regazds to the reinstatement of the C.U.P. (CUP2005-04974, tracking case no. CUP2007-05223) to retain a previously approved restaurant and banquet facility with sales of alcoholic beverages. Upon inspecting the property, I observed three violations of the Anaheim Municipal Code. The violations aze as follows: • There was a small amount of refuse and waste (i.e. cardboazd boxes) outside of the trash enclosure. • There was bare dirt and dead grass in some of the planter areas on the property. • There was a portable sign in front of the business. A Courtesy Notice was sent to the property owner (Gock W. Jung), informing him of the violations and allowing him twenty (20) days to bring the property into compliance. A seazch of the Community Preservation Division Records revealed that the property has had at least three (3) previous cases for minor (i.e. displaying flags banners without SEP and lack of live landscaping, & etc.) violations; occurring from 2002 until the present time. If you have any further questions, please contact me at ext. 4195. Attachment -Item Plo. 4 RESOLUTION NO. PC2005-77 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT N0.2005-04974 BE GRANTED (420-504 SOUTH 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: THE SOUTH 125 FEET OF THE NORTH 205 FEET OF LOT 5 IN BLOCK B OF TRACT NO. 13, IN THE CITY OF ANAHEIM, AS PER MAP RECORDED IN BOOK 9, PAGE 12 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY. LOT 4 IN BLOCK B OF TRACT 13, AS SHOWN ON A MAP RECORDED IN BOOK 9 PAGE 12 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 2, 2005, at 2:00 p.m., notice of said hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed conditional use permit; and 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 restauranUbanquetfocility with on-premises sale and consumption of alcoholic beverages is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section No. 18.08.030.040.0403 2. That the use operating as a banquet and restaurant facility would not adversely affect the adjoining land uses and the growth and development of the area in which it is located. 3. That the size and shape of the site for the use is adequate to allow full development of the use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 4. That the traffic generated by the existing banquet facility and proposed restaurant would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. .. 5. That granting of this conditional use permit, under the conditions imposed, will not be detrimental to the peace, health., safety and general welfare of the citizens of the City of Anaheim. 6. That this new conditional use permit will be exercised in substantially the same manner and in conformance with all conditions and stipulations originally approved by the Planning Commission for the banquet facility and also includes new conditions. 7. That no one indicated thelrpresence at said public hearing in opposition; and that "` 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 the on-premises sale and consumption of alcoholic beverages in a restauranWanquet facility and has determined that the project is within the definition of Categorical Exemptions, Class 1, Section 15301, (Existing Facilities), as defined in the CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. Cr\PC2005-077 -1- PC2005-77 NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the- safety and general welfare of the Citizens of the City of Anaheim: 1. That the on-premises sales and consumption of alcoholic beverages portion of this conditional use permit shall expire on May 2, 2007. 2. That no admission fee or any other type of public entrance fee shall be permitted for this facility. 3. That the activities occurring in conjunction with the operation of this establishment shall not cause noise disturbance to surrounding .properties. 4. That there shall be no pool tables or coin-operated amusement devices maintained upon the premises at any time. 5. That the hours of operation shall be limited to: Sunday through Friday 9 a.m. to 10 p.m. Saturday 9 a.m. to 11 p.m. 6. That a manager shall be on-site at ail times while the banquet facility is in operation. 7. That at all times when the facility is being utilized as a banquet facility, uniformed security shall be provided to the satisfaction of the Anaheim Police Department to deter unlawful conduct on the part of patrons, and to promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbance to the neighborhood by excessive noise generated by patrons entering or leaving the premises. 8. That all doors serving subject restaurant shall conform to the requirements of the Uniform Fire Code and shall be kept closed at all times during the operation of the premises except for ingresslegress, permit deliveries and in cases of emergency. That the door located on the east wall of the building shall be kept closed and inaccessible from the exterior of the building to prevent noise impacts to the adjacent residential properties, except in cases of emergency 9. That at all times when the premises is open for business, the premises shall be maintained as a bona fide restaurant as defined in the Anaheim Municipal Code as an establishment that is engaged primarily in the business of preparing and serving meals for immediate consumption. The term "primarily" shall mean that food and nonalcoholic beverages sales comprise a minimum of sixty percent (60%) of the gross income from the establishment's business operation. Service of alcoholic beverages is, and shall at all times be, accessory to the primary restaurant use.... 10. That there shall be no bar or lounge area upon the licensed premise maintained for the purposes of sales, service, or consumption of alcoholic beverages directly to patrons for consumption. 11. That the gross sates of alcoholic beverages shall not exceed 40 percent of the gross sales of all retail sales during any three (3) month period. The applicant shall maintain records on a quarterly basis indicating the separate amounts of sales of alcoholic beverages and other items. These records shall be made available for inspection by any City of Anaheim official when requested. 12. That the sale of alcoholic beverages for consumption off the premise shall be prohibited. 13. That there shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 14. That subject alcoholic beverage license shall not be exchanged for a public premise (bar) type license nor shall the establishment be operated as a public premise as defined in Section 23039 of the Business and Professions Code. -2- PC2005-77 15. That the parking lot serving the premises shall be equipped with lighting of sufficient power to -- illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the windows of nearby residences. 16. That the business operator shall comply with Section 24200.5 of the Business and Profession Code so as not to employ or permit any persons to solicitor encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit-sharing plan, scheme or conspiracy. 17. That there shall be no public telephones on the property that are located outside of the building and within the control of the applicant. 18. That any and all security officers provided shall comply with all State and Local ordinances regulating their services, including, without limitation; Chapter 11.5 of Division 3 of the California Business and Profession Code. 19. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged or diseased, and/or dies, 20. That trash storage area(s) shall be maintained in location(s) acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable to adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one (1) gallon sized clinging vines planted on maximum three (3) foot centers, or tall shrubbery. 21. That the existing parking lot shall be maintained in good condition free of trash and debds. 22. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance; removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 23. That valet service shall be provided to patrons of the banquet facility to minimize impacts to the adjacent residents. The valet service shall utilize the parking spaces along the east property line as the "last load" area 24. That this facility shall operate as a bona fide restaurant and banquet hall and shall not operate as a nightclub, bar or cocktail lounge. 25. That this use shall comply with the requirements of Chapter 6.70 "Sound Pressure Levels". 26. That no outdoor uses and/or assembly shall occur on subject property. 27. That the owner of the subject property shall submit a letter requesting termination of Conditional Use Permit No. 2000-04277 (to permit a banquet hall with service but no sales of alcoholic beverages for on-premises consumption) to the Planning Department. 28. That all existing roof-mounted equipment shall be completely screened from view and all associated roof screening shall be refurbishedlrepainted to ensure adequate screening of all existing roof mounted equipment. 29. That all existing landscaped areas shall be refurbished and landscaping installed in a manner consistent with the provisions of the Code. _3_ PC2005-77 30. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein. 31. That within ninety (90) days from the date of this resolution, Condition Nos. 27, 29 and 30 above mentioned shall be complied with. Extensions for further time to complete said conditions shall be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 32. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal 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 Resoluticn 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. AND BE IT FURTHER RESOLVED that the property owner/developer is;responsible for paying all charges related to the processing of this discretionary case application within 7 days of the issuance of the final invoice, prior to the issuance of building permits or commencement of activity 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 2, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal (ORIGINAL SIGNED BY GAIL EASTMAN) CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: (ORIGINAL SIGNED BY ELEANOR MORR151 SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2005-77 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 2, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, KARAKI, PEREZ, VELASOUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE VACANT: COMMISSIONERS: ONE VACANCY FN WITNESS WHEREOF, I have hereunto set my hand this day of .2005. (ORIGINAL SIGNED BY ELEANOR MORRIS) SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION _5_ PC2005-77 ® ~ 1 0 ~ LINCOLN AVENUE A11T0 RE~AIR SHpP "` I a RCL 56-57-86 I VACANT SMALL INDUSTRIAL FIRMS I T-CUP 2001-04342 CUP 3832 cuP 2x94 CUP 2643 CUP 138 MABLE STREET 1 RGl fifi6]-14 ry RCL fi2.6361 C RCL 5667.88 v ' RCL 6667-14 MI8 SUP 73 m RCL 5667-86 " `~ MIS SUP 73 I TPM 2001-132 RGL 66-57.86 cuP zooa-oasc7 (f-CUP 2001-04478) (CUP 4168) (CUP 4138) SMALL INDUSTRAL ~ FIRMS v~~~ ~ m. o A~ s . ~d l v• ~~' Y ~~ 6 O ~3 ~ ~~~ ~ s9 v„ tiA ~~ ~. 99 1 ~9T ~ 'kv~py~sT~ •~~~~9/- Rzo1a R,9`~ cDHR cBOc i R e°~s ~ p~ Up 7,9 A I ~3'q~ SOUTHERN PACIFIC RAILROAD I t ,,,,,,,,,,~ ~ gFtOA~w AY ~ ~~ D F RS-3 rn N ~/V w RCL 70-71-43 ~ RM-2 ~ I w Q 1 DU EACH RCL 88-89-06 CUP 3557 N I N ~ g CUP 1408 w VAR 3996 J CUP 1672 ~. _...._._ u~ro ~erv~n Conditional Use Permit No. 2007-05205 Requested By: JUAN REYNOSO 107 South Adams Street Subject Property Date: August 6, 2007 Scale: 1" = 200' Q.S. No. 63 10336 I CUP 784 VAR 1946-13 A~ sr ~~Z~y~9 F4, D~ ~S CENTERS I N CUP 2013 MACHIN~ VAR 1947-21 SHDP wro CUP 2007-05205 1 VAR 1947-21 i~ >, Conditional Use Permit No. 2007-052D5 Requested By: JUAN REYNOSO Subject Property Date: August 6, 2007 Scale: 1" = 200' Q.S. No. 63 107 South Adams Street 10336 ITEM NO.S PLANNING COMMISSION AGENDA REPORT City of Anaheim PLANNING DEPARTMENT DATE: AUGUST 6, 2007. FROM: PLANNING DIRECTOR SUBJECT: `CONDITIONAL USE PERMIT N0. 2007-05205 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5260 www.anaheim.nel LOCATION:' 107 South Adams Street. ApPLICANT/PROPERTYQWNER: Juan Reynoso RECOMMENDATION: Staff recommends that the Commission take the following actions:. (a) By motion, approve a CategoricalExemption, Class 1. (b) By resolution, approve Conditional Use Permit No. 2007-05205. REQUEST: The applicant requests approval to permit the collecfion of a cover chazge for an existing baz. BACKGROUND: This property is currently developed with The Do11Hut bar and is zoned Industrial. The General Plan designates this property and properties to the north, east and south for Industrial land uses and the property to the west across Manchester Avenue for General Commercial land uses.: PROPOSAL: The applicant proposes to obtain a conditional use permit for a bar with a cover charge: The current use is a legalnonconforming bar. In the past, the business has obtained an entertainment permit from the. City and routinely scheduled bands and artists to perform at the baz. The entertainment permits did not pemut the collection of a cover charge. The$oning Code requires a conditional use permit to charge an infrance fee. The property owner would like to charge an admission fee as a concession to the artists who perform at the venue. Previous owners at this business have collected a cover charge without obtaining permission from the City. The City has no record of complaints or issues with the business as a result of the previous collection of a cover charge. The existing use and property are legal nonconforming. The applicantproposes to bring the property into greater conformance with the code by paving and striping the parking lot, constructing. a new trash enclosure, installing landscape planters adjacent to the buildingand rehabilitating the historic structure. Conditional Use Permit No. 2007-05205. August 6, 2007. Page2of2 ANALYSIS: Code permits bars with a cover charge in the Industrial zone subject to a conditional use permit. Although the existing bar can continue without aconditional-use permit, the introduction of a cover charge requires a conditional use'permit: The requirement of a conditional use permit is to analyze any additional impacts of such an operational change. Some facilities operate differently whena cover chazge is collected and the number of people in attendance may change. The applicant has indicated that other aspects of the operation would not' change other than the collection of a cover charge. Because the proposal does not intensify the current use, the zoning code does not require site improvements. The improvements proposed by the applicant will bring the property into greater conformance with the code and greatly improve the aesthetics of the site. Under the current owner,. the City has no record of complaints about the business: Staff has evaluated the proposal with the Police Department and believes that the addition of a cover charge at this location is acceptable. In addition, the site improvements would improve the condition of the property. Therefore, staff recommends approval of the project. Respectfully submitted, Concurred by, Principal Planner Planning Director Attachments: l: Project Summary 2. ' ' ' Police Department Memo PROJEC'P SUR~IIVIAIt~' Condetional Use Permit No. 2007-05205 Develo ment8tandard _. Pro osed Pro'ect I Zone Standards Site Area 0.2 acre N/A Parking 6 s aces* 18 s aces Landscaping None* ' 10 ft. Front None* None Side None* None Reaz Building Setback 10 ft. t 3 feet, 2 inches* None Side None Rear Floor Area Ratio 0.12 N/A Unlmown, checking with 100 ft Building Height a licant . These conditions were in effect prior to the adoption of current development standards and aze legal nonconforming. [Di2AFT] RESOLUTION NO. PC2007-"' A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05205 BE GRANTED (107 SOUTH ADAMS STREET) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THAT PORTION OF LOTS RAND T OF BOEGE'S ADDITION TO ANAHEIM, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 3, PAGES 2 AND 3 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT "R"/THENCE WESTERLY ON THE NORTHERLYLINE OF SAID LOT "R". 75.72 FEET, MORE OR LESS, TO THE NORTHEASTERLY CORNER OF THAT CERTAIN LAND CONVEYED BY TIMM J.F. BOEGE TO J.M. GRIFFITH BY DEED RECORDED IN BOOK 152, PAGE 130 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA; THENCE SOUTH ON THE EAST LINE OF SAID PARCEL 160.00 FEET TO THE NORTHEASTERLY LINE OF THE RIGHT OF WAY OF THE SOUTHERN PACIFIC RAILROAD COMPANY; THENCE SOUTHEASTERLY ON SAID RIGHT OF WAY LINE 187.88 FEET TO THE MOST SOUTHERLY CORNER OF SAID LOT "T'; THENCE NORTHWESTERLY ON THE EASTERLY LINE OF SAID LOT "T" AND "R" 288.10 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE EAST 5 FEET OF SAID LAND AS CONVEYED TO THE CITY OF ANAHEIM FOR STREET PURPOSES BY DEED RECORDED OCTOBER 28, 1910 IN BOOK 194, PAGE 67 OF DEEDS, RECORDS OF ORANGE COUNTY, CALIFORNIA. ALSO EXCEPTING THEREFROM A TRIANGULAR PORTION OF SAID LOT "T' AS CONVEYED TO THE CITY OF ANAHEIM, FOR STREET PURPOSES BY DEED RECORDED MAY 19, 1915 IN BOOK 275, PAGE 93 OF FEEDS, RECORDS OF ORANGE COUNTY, CALIFORNIA. ALSO EXCEPT THEREFROM NORTHERLY RECTANGULAR 40.25 FEET OF THE EASTERLY RECTANGULAR 55.72 FEET OF SAID LOT "R". ALSO EXCEPT THEREFROM THE SOUTHWESTERLY 45 FEET AS DESCRIBED IN DEED TO WM. E. OTIS JR., TRUSTEE, RECORDED FEBRUARY 18, 1948 IN BOOK 1623, PAGE 30, OFFICIAL RECORDS, ORANGE COUNTY, CALIFORNIA. ALSO EXCEPT THEREFROM THE LAND DESCRIBED IN DEED TO ROBERT S. BEGOLE AND BETTY S. BEGOLE, HUSBAND AND W IFE RECORDED MAY 8, 1958 IN BOOK 4280, PAGE 15, OFFICIAL RECORDS OF ORANGE COUNTY, GALIFORNIA. ALSO EXCEPT THEREFROM THAT PORTION INCLUDED W (THIN CENTER STREET, AS W IDENED. AS SAID STREET EXISTED ON NOVEMBER 26, 1997 AS INSTRUMENT NO. 97-610486, OFFICIAL RECORDS OF ORANGE COUNTY CALIFORNIA. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 6, 2007, 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 Cr\PC2007- -1- PC2007- 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 permit a bar with a cover charge is permitted in the Industrial Zone subject to the approval of a conditional use permit under authority of Code Section No. 18.10.030.040.0402, (Bars and Nightclubs and Commercial Recreation -Indoor). 2. That the proposed use will not adversely affect the adjoining land uses or the growth and development of the area because the bar is existing, and no expansion or increase is proposed. The existing bar and proposed cover charge would be compatible with existing and surrounding land uses and modifications and upgrades proposed to the site would enhance the visual impact of the property on surrounding properties. 3. That the proposed bar with a cover charge would not create any additional square footage and therefore would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed because the size and shape of the site for the project has been adequate for the full development of the existing use in a manner not detrimental to the particular area 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic ih the area because the project already exists and no increase in square footage is proposed. 5. That the granting of the conditional use permit under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim. 6. That *" indicated their presence at said public hearing ih opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: Planning staff has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing Facilities), as defined in the State CEOA, Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE 1T 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: Prior to final building and zoning inspections or within a period of one t11 vear, the follawino conditions shall be complied with: 1. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 2, and as conditioned herein, General Conditions: 2. That between the hours of 6:00 p.m. and closing and any time the premises is providing entertainment, the operator shall provide at least 2 security personnel. Security measures shall be provided to the satisfaction of the Anaheim Police Department to deter unlawful conduct on the part of employees or patrons, and promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbance to the neighborhood by excessive noise created by patrons entering or leaving the premises. Any and all security officers provided shall comply with all State and Local ordinances -2- PC2007- regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code. 3. That the doors shall remain closed at all times that entertainment is permitted, except during times of entry, __ or exit, emergencies and deliveries. 4. That all entertainers and employees shall be clothed in such a way as to not expose "specified anatomical areas" as described in Section 7.16.060 of the Anaheim Municipal Code. 5. That no one under the age of 21 shall be allowed to enter 6. That the business shall not employ or permit any persons to solicit or encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit-sharing plan, scheme or conspiracy. (Section 24200.5 Alcdholic Beverage Control Act). 7. That there shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 8. That the applicant shall not share any profits, or pay any percentage or commission to a promoter or any other person, based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders, or the sale of drinks. 9. That there shall be no requirement to purchase a minimum number of drinks. 10. That signs shall be posted at all exits of the premises of the prohibition of alcoholic beverages from leaving the confines of the establishment. 11. That alcoholic beverages cannot be included in the price of admission. 12. That no person under the age of 21 shall sell or deliver alcoholic beverages. 13. That there is to be no alcohol in the patio area. 14. That management shall a-mail a monthly calendar of entertainmenUBntertainers to the Vice Detail of the Police Department. 15. That trash storage areas shall be provided_and maintained in a location acceptable to the Public Works Department and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one-gallon size clinging vines planted on maximum three-foot centers or tall shrubbery. 16. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from the time of discovery. 17. That adequate lighting of parking lots, driveway, circulation areas, aisles, passageways, recesses and ground 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 onsite. _3_ PC2007- 18. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 19. That extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal. 20. 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.. 21. That timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. 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 August 6, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and maybe replaced by a Ciry Council Resolution in the event of an appeal CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2007- 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 August 6, 2007, by the fallowing vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, 1 have hereunto set my hand this day of .2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION _5_ PC2007- rj.~iM^~h 9~~ ~O~ ~o` ° ~Z F ~~I lD ~. .;•% ..n ~NOgo ~%~~ Anaheim Police Dept 435 S. Harbor Blvd. Anaheim, CA 93805 TEL: 714.765.1401 FAX: 714.765.1665 City of tinaheim P®I~ICE I)EPAI~TMENT Special Operations Division To: Scott Koehm Planning Department From: Sergeant Mike Lozeau Vice Detail pq,(/ Dater July 3, 2007 RE: CUP 2007-05205 The Doll Hut Juan P. Reynoso 107 S. Adams Street Anaheim, CA 92802 ATTACHMENT - ITEM N0. 5 The Police Department received an I.D.C. Route Sheet for CUP File 2007-05205. The applicant is requesting to retain their existing public premise with wine and beer and add a cover charge. The location is within Reporting District 1743, which has a crime rate of 6 percent above average. It is also within Census Tract 871:04. This Census Tract has a population of 8,115 and allows for 9 on sale ABC licenses. There are currently 7 licenses in the tract. The Anaheim Police Department does not oppose this request. We ask that the following conditions be placed on their Conditional Use Permit: 1. The permitted event or activity shall not create sound levels, which violate any ordinance of the City of Anaheim. (Section 4.16.100.010 Anaheim Municipal Code) 2. Between the hours of 8:00 p.m. and closing any time the premises are providing entertainment, the petitioner(s) shall provide at least 2 security persdnnet. Security measures shall be provided to the satisfaction df the Anaheim Police Department to deter unlawful conduct on the part of employees or patrons, and promote the safe and orderly.. assembly and .movement of persons and vehicles, and to prevent disturbance to the neighborhood by excessive noise.. created by patrons entering or leaving the premises. 3. Any and all security officers provided shall comply with all State and Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code. (Section 4.16.070 Anaheim Municipal Code) ~..` _ . e ~~ n ~. Memorandum Scott Koehm The Doll Hut 4. The operation of any business under this permit shall not be in violation of any provision of the Anaheim Municipal Code, State or County ordinance: (Section 4.15.100.010 Anaheim Municipal Cbde) 5. No dancing shall commence prior to seven (7) p.m. nor continue beyond two (2) a.m. of the same evening (Section 4.16.060.040 Anaheim Municipal Code). 6. The number of persons attending the event shall not exceed the maximum occupancy load as determined by the Anaheim Fire Department. Signs indicating the occupant load shall be posted in a conspicuous place on an approved sign near the main exit from the room. (Section 25.114(a) Uniform Fire Code) 7. The doors shall remain closed at all times that entertainment is permitted, except during times of entry or exit, emergencies and deliveries. (Section 4.18.110 Anaheim Municipal Code) 8. The business shall not be operated in such a way as to be detrimental to the public health, safety or welfare. (Section 4.18.100.010 Anaheim Municipal Code) 9. All entertainers and employees shall be clothed ih such a way as to not expose "specified anatomical areas" as' described in Section 7.16.060 of the Anaheim Municipal Code. 10. Nc one under the age of 21 shall be allowed. 11. The business shall not employ or permit any persons to solicit or encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit-sharing plan, scheme or conspiracy. (Section 24200.5 Alcoholic Beverage Contrdl Act) 12. The floor space provided for dancing shall be free of any furniture or partitions and maintained in a smooth and safe condition. (Section 4.16.050:010 Anaheim Municipal Code) 13. Any violation of the application, or any attached conditions, shall be sufficient grounds to revoke the permit. (Section 4.16.100.010 Anaheim Municipal Code) 14. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. Page 2 ._ o ~ .. _ --. ~ Memorandum Scott Koehm The Doll Hut 15. There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcaholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 16. Petitioner shall not share any profits, or pay any percentage or commission to a promoter or any other person, based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders, or the sale of drinks. 17. There shall be no requirement to purchase a minimum number of drinks. 18. Signs shall be posted at all exits of the premises of the prohibition of alcoholic beverages from leaving the confines of the establishment. 19. Alcoholic beverages cannot be included in the price of admission. 20. No person under the age of 21 shall sell or deliver alcoholic beverages. 21. There is to be no alcohol in the patio area. 22. Management shall a-mail a monthly calendar of entertainment/entertainers to the Vice Detail attention mmirwin(a~anaheim.net. Please contact me at extension 1451 if you require further information. f:\homeMminvin\2007-05205 The Doll fiut.doc Page 3 Item No. 6 wde R:L ¢c]ae G:LMWiE ,wui;eaa+rs r ou LPOAtMENTS B ON ISL G)St-]0 ~d FLL @A]3fi Q=9M0.4iE OPPAiMHfib ~---~J Wig R£NFUL'Si ~p1lm mis JIW VM 1]® pEi MONiE pR mas~o QE VJU.R fAMTAEMS ~6 pu VA 11 ~S MARNEMG PAIJ Pa ese>® vw mei uPanErE~PncE IL~]IIIEM~FM1PUCEME0. /..~• a° a wP]606 NSTERN HGM ELNOCL 1 pV EPCM 6RI®Ea OFi AVE ORANGE AVENl1E ' RAd T 6ua pA qPo F I1MJ ^ • ~i13 * ~° pc Sd wNni~ ~gaR w i N n u ~ . w r r TLIP 2100.M1B6 wP]056 wP ]<60 am ms auacw Conditional Use Permit No. 2007-05224 Requested By: ANAHEIM UNION HIGH SCHOOL DISTRICT 501 South Western Avenue -Western High School Subject Property Date: Augustfi, 2007 Scale: Graphic Q.S. No. 5 10337 Photo: I Conditional Use Permit No. 2007-05224 Requested By: ANAHEIM UNION HIGH SCHOOL DIST 5D1 South Western Avenue -Western High School Sut~ject Property Date: August 6, 2007 Scale: Graphic Q.S. No. 5 10337 - ITEM N0.6 PLANNING COMMISSION AGENDA REPORT 200 S. Anaheim Blvd: Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5260 www.anaheim.net City of Anaheim PLANNING DEPARTMENT DATE: AUGUST 6, 2007 FROM: PLANNING DIRECTOR SUBJECT:: CONDITIONAL USE PERMIT NO: 2007-05224 LOCATION: 501 South Westem Avenue -Westem High School. APPLICANT/PROPERTY OWNER: John Koos/ Anaheim Union High School District. RECOMMENDATION: Staff recommends that the Commission take the following. actions:. (a) By motion, approve a CEQA Categorical Exemption, Class 3. (b) By resolution, approve Conditional Use Permit No. 2007-05224. REQUEST: The applicant requests approval to construct a telecommunications facility disguised as a flag pole with accessory ground-mounted' equipment. BACKGROUND: Westem High School is located within the Transition (T) zone. The General Plan designates this property for school uses. Properties to the east and west aze designated foz• Low Density Residential land uses and properties to the north and south are designated for Medium Density Residential land uses. PROPOSAL: The applicant proposes to construct a 70-foot tall telecommunications facility disguised as a flag pole.. A total ofsix (6) antennas are proposed at the top of the flag pole. Plans indicate the flag pole would be 1.5 feet in diameter. The antennas would be mounted within the interior of the flag pole and enclosed with a cover :matching the flag pole: The'antenna panels would be completely hidden within the cover. The facility would be located at the northeastern portion of the school, adjacent to the track and field azea. A 216-square foot equipment shelter is located adjacent to the flag pole. The attached project summary chart provides details of the proposal. ANALYSIS: Telecommunications facilities and antennas are permitted in the Transition zone subject to the approval of a conditional use permit. Code requires the design of wireless communication facilities to minimize visual impacts. The proposed facilitywould blend in with the surrounding recreational facilities of the school as it is CONDITIONAL USE PERMIT N0.2007-05224 August 6, 2007 Page 2 of 2 not unusual for a flag pole to be constructed adjacent to recreational fields. Furkhermore; the proposed facility would be located 975 feet from Orange Avenue, which helps minimize its visibility. Therefore, staff recommends approval of the proj ect. Respectfully submitted, „ Concurred by, r ~~F~ ,' Lei, s_-t"I l,~Ll .1 `. ~l,a•1~,4'"~f Principal Plannef Planning Director PROJECT 5LIMMAR~' CUP2007-05224 IDevelo the®t Sta®dard Pro osed ~ro'ect T zone standards Site Area 37.4 N/A Building Setbacks Adiacent to: Feet Western Avenue 980 25 Orange Avenue 975 25 Interior 5 (equipment) 5* 116 (flag ole) *For telecommunications facilities. [D R~.FT] RESOLUTION NO. PC2007--"' A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05224 BE GRANTED (501 SOUTH WESTERN AVENUE) 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 SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN; CONTAINING 40 ACRES MORE OR LESS. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 6, 2007, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18..60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is prdperly one for which a conditional use permit is authorized by Anaheim Municipal Code Section No. 18.14.030.040.0402 (Antennas -Telecommunications- Stealth Ground-mounted). 2. That the proposed telecommunications facility disguised as a flag pole would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 3. That the size and shape of the site is adequate to allow full-development of the request in a manner not detrimental to the particular area nor to the health and safety as the telecommunication facility disguised as a flagpole would minimize visibility from surrounding properties. 4. That because this is an unmanned facility with infrequent maintenance, the traffic generated by the proposed use will not, under the conditions imposed, impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area 5. That granting this conditional use permit will not, under the conditions imposed, be detrimental to the health and safety of the citizens of the City of Anaheim and that the use will contribute to an essential and effective wireless communications network system: 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: Planning staff has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 3 (New Construction), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby Cr\PC2007- -1- PC2007- 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 disguised as a flag pole shall be limited to a maximum of sik (6) panel antennas enclosed within the pole and accessory ground-mounted equipment. No additional antennas or equipment cabinets shall be permitted without approval from the City. Said information shall be specifically shown on plans submitted for building permits. 2. That the walls of the ground-mounted enclosure shall be protected from graffiti opportunities by the use of plant materials such as a minimum 1-gallon size clinging vines planted on a maximum 3-foot centers or tall shrubbery. Said information shall be specifically shown on plans submitted for building permits. 3. That all equipment, including supply cabinets and power meter shall be screened from the public right- of-way. In addition, the cable connecting 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 any required relocation of City electrical facilities shall be at the applicant'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. Prior to final building and zoning :inspections the following conditions shall be comalied with: 5. That before activating this facility, the Operator shall submit 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 the Operator. 6. 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 maybe reported, and shall resolve all interference complaints within 24 hours. 7. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 5, and as conditioned herein. General Conditions: 8. That the Operator shall ensure that the facility's installation and choice of frequencies will not interfere within the 800 MHz radio frequencies required by the City of Anaheim to provide adequate spectrum capacity for public safety and related purposes. 9. That the Operator shall ensure that any of .its contractdrs, 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 telecommunications facility be sold, the Planning Services Division shall be notified within 30 days of the close of escrow. 11. That the portion of the property being leased to the telecommunications carrier 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 the time of discovery. -2- PC2007- 12. That timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. 13. That extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal 14. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 6, 2007. 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 August 6, 2007, 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 .2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION .g_ PC2007- 1vo. i RCL 61-6Z-2B" CUP 158 LA CUESTA CONDOMINIUM 36 DU y C-G ¢ RCL 65-66-116 U CUP 3553 U CUP 2101 ¢ VAR 1799 CUP 1671 ACACIA CENTER LA PALMA AVENUE 2\ t\- ~O PZ m a ~G O Zo ~o T 2007-05232 V FJZ 1516 CSI Conditional Use Permit No. 2007-05184 TRACKING NO. CUP 2007-05232 Requested By: ROMAN CATHOLIC BISHOP OF ORANGE 1450 East La Palma Avenue - St. Anthony Claret Church 1 10338 RM-4 VAR 3422 APARTMENTS 44 DU Y ~T Q m °' - 7y C O R m ~~ G~ _ ~n> Z Yy RCL 56-"._ y Subject Property Date: August 6, 2007 Scale: 1" = 200' Q.S. No. 92 ~I 1zo a o: Conditional Use Permit No. 2007-05184 TRACKING NO. CUP 2007-05232 Requested By: ROMAN CATHOLIC BISHOP OF ORANGE 1450 East La Palma Avenue - St. Anthony Claret Church Subject Property Date: August 6, 2007 Scale: 1" = Z00' Q.S. No. 92 10338 July 2005 ITEM N0.7 PLANNING COMMISSION AGENDA REPORT City of Anaheim PLANNING DEPARTMENT DATE: AUGUST 6, 2007 FROM: PLANNING DIRECTOR SUBJECT: 'CONDITIONAL USE PERMITNO. 2007-05184 '' (TRACKING NO. CUP2007-05232)` LOCATION: This 8.2-acre property is identified as 1450 Easf La Palma Avenue. APPLICANT/PROPERTY OWNER: St: Anthony Clazet Church. RECOMMENDATION: Staff recommends that the Commission take the following actions: (a) ' By motion, approve a CEQA Negative Declaration (previously-approved). (b) By resolution, deny amendment to Conditional Use Perinit No' 2007-05184 (tracking no. CUP2007-05232). REQUEST: The applicant requests approval to amend apreviously-approved conditional use pemut to construct new pazking lot. lighting at an existing church and school facility with waiver of code provisions limiting parking lot lighting height adjoining residential properties. BACKGROUND: This property is developed with a church and school facility and is located within the Transition (T) zone. The General Plan designates this property and the properties to the north across La Pahna Avenue, west and south for Low Density Residential land uses, and the properties to the east for Medium Density Residential land uses. Conditional Use Permit No. 2007-05184, a request to permit two modular buildings for classrooms of an existing parochial school, was approved by the Commission on Mazch 19, 2007. As a part of this permit, the Commission imposed conditions of approval requiring lighting in the parking lot and limiting the height of the light poles to a maximum of 12 feet as required by code. The church and school were originally established in 1961, prior to the requitement for a conditional use permit. PROPOSAL: The applicant proposes to install six, 22-Foot high light poles in the sw : o : n westerly pazking lot adjacent to single family homes in the Single-Family Residential aneim d zo s A sate #tsz (RS-2) zone. Code permits maximum 12-foot high light polesadjacent to single family Ananeim, CA 92805 Tel: (7t4) 765-5139 reSldOnttal ro erties. The a licant's letter indicates that 22-foot high light poles aze P P PP Fax: (714) 768-526U aww.anaheim.net CONDITIONAL USE PERMIT N0.2007-05184 August 6, 2007 : Page2of2 being proposed in order to minimize the number of poles needed to comply with Code. According to the applicant, a total of 33, 12-foot highlight poles would be needed to " comply with code. If the 22-foot high poles aze used, 6 would be required: Two light poles would be set back 44 feet from the property line of the single familyhomes; two additional light poles would be located 88 feet from the property line; and the remaining two'poles would be located adjacent to the church building: The applicant submitted a photometric plan indicating an illuminafion range'of 1 to 9 footcandles in the parking lot and 0 footcandles at the single family residences to the west: There aze no Gode standazds pertaining to the maximum number of footcandles allowed; however, 1 to 9 footcandles could cause a moderate light intrusion on the residences to the west. ANALYSIS: The: applicant proposes one code waiver for permitted height of parking lot lights. Even though the photometric plan shows an illumination of 0 footcandles on the single. family residential properties to the west, staff is concerned about 22-foot high light poles in close proximity to these homes. A 5-foot high block wall separates the church and single family homes, and the glaze from tall light poles would be visible from the neighbors' homes. A tall light source adjacent to single-story;homes increases the chances of light intrusion when the resident is looking out the window.. Therefore, staff recommends denial of this request. Respectfully submitted, Concurred by, Cdr( ~~ `~-~ ~~~,,,.~.~u'~ Pnnclpal Planner Planning Director Attachments• 1. Justification of Waiver Form 2. Original Flanning Commission Resolution [D12AFTj RESOLUTION NO. PC2007--"' A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION TO AMEND CONDITIONAL USE PERMIT NO. 2007-05184 (TRACKING NO. CUP2007-05232) BE DENIED (1450 EAST LA PALMA AVENUE - ST. ANTHONY CLARET CHURCH) ' WHEREAS, on March 19, 2007, the Anaheim Planning Commission, by its Resolution No. PC2007-21 approved Conditional Use Permit No. 2007-05184 to permit two modular buildings for classrooms at an existing parochial school located at 1450 East La Palma Avenue; and WHEREAS, said Resolution No. PC2007-21 includes the following condition of approval: "2 That any proposed parking lot lighting shall be limited to a maximum height of 12 feet and directed away from the adjacent single-family residences to the west " WHEREAS, this property is currently developed with a church, the underlying zoning is Transition (T); the Anaheim General Plan designates this property for Low Density Residential land uses; and 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 TWO OF TRACT NO. 153, AS SHOWN ON A MAP RECORDED IN BOOK 11, PAGE 46 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHWESTERLY PROLONGATION. OF THE WEST LINE OF SAID LOT TWO WITH THE CENTER LINE OF LA PALMA AVENUE (FORMERLY NORTH STREET), AS SHOWN ON SAID MAP; THENCE SOUTH 89° 50' 30" EAST ALONG THE CENTER LINE OF SAID LA PALMA AVENUE, A DISTANCE OF 399.85'FEET; THENCE SOUTH 15° 08' 30" EAST 352.96 FEET; THENCE NORTH 800 43'.15"EAST 197.48 FEET TO THE WESTERLY LINE OF LAND DESCRIBED IN DEED TO JAMES WETFON AND WIFE, RECORDED APRIL 10`", 1928 IN BOOK 148, PAGE 389 OF OFFICIAL RECORDS; THENCE SOUTH 16° 41' 50" EAST 377.96 FEET ALONG SAID WESTERLY LINE TO THE SOUTH LINE OF SAID LOT TWO; THENCE SOUTH 740 13' 30"WEST 564,80 FEET TO THE SOUTHWEST CORNER OF SAID LOT TWO; THENCE NO^TH 17° 01' 00"WEST 86 1,42 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 August 6, 2007, 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 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 amend apreviously-approved conditional use permit to permit two modular buildings for classrooms at an existing parochial school to construct parking lot lighting with the following waiver is authorized by the Anaheim Municipal Code Section 18.14.030.040:0402 (Community & Religious Assembly): Cr\PC2007- -1- PC2007- SECTION NO. 18.14.030.010 Parking lot lighting height adioining residential properties. 12-foot high light poles permitted; 22-foot high light poles------ proposed) 2. That the proposed 22-foot high light poles would clearly be visible from the adjacent residential properties and may have an adverse impact on said properties. 3. That there are no exceptional or extraordinary circumstances or conditions applicable to the subject 8-acre property involved or to the intended use of the property that do not apply generally to the property or class of use in the same vicinity and zone. 4. That strict application of the Zoning Code would not deprive the property of privileges enjoyed by other properties with identical zoning in the vicinity. 5. That "' indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 2007-05184 is adequate to serve as the required environmental documentation in connection with this request. 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 August 6, 2007. 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 -2- PC2007- 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 August 6, 2007, by the following vote of the members thereof: AYES: COMMISS}ONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of 2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION _3_ PC2007- Attachment -item No. 7 secnorla PETTTIONER'S STATEMENT OF JUSTIFICATION FOR VARLINCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: (A separate statement is required for each Code waiver) PERTAINING TO: Secfions 18.03.040.030 and 18.12.Ofi0 of the Anaheim Municipal Code require that before any variance or Code waiver may be granted by the Zoning Administrator or Planning Commission, the following sball be shown: That there are special circumstances applicable m the property, including siu, shape, topography, location or surooundiogs, which do not apply to other properly under identical zoning classification in the vicinity; and 2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. In order to deteradne if such special circumstances exist, and m assist [he Zoning Administrator or Planoing 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 additiooal space, you may attach additional pages. Are there special circumstances that apply to the property in matters such as siu, shape, topography, location or surroundings? x Yes _ No. if your answer is "Yes," describe the Having 33 Holes vs. Our parking lot is long and narrow. reauce 2. Are the special circumstances that apply m the property different tram other properties in the vicinity which are in the same zone as your property? x Yes _ No We're a Church and we can work ff your answer is "yes, describe how dte property is differeo with our neighbors to prevent lig~t rom spi ing o exr nrooer after installation. 3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the snore zone? x Yea _No If your answer if "yea," describe the special cirqumstan es: ~ja' hbor'ne Properties en,7oy tr}le privelege of taller light bulbs. 4. Were the special circumstances created by causes beyond the control of the property owner (or previous property owners)? x Yes _ No EXPLAIN: We're a neighborhood Church and we need to be among our pares loners an not in a commercaa can er. The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone //~which is not otherwise expressly authorized by zone regulations governing subject property. Use variances are not pemdited. Signature of Property Owner or Authorized Agent Date CONDTTIONAL USE PERMIT/VARTt1NCE NO. 37625V7ECEMBER I2, 2000 Attachment -Item Plo. 7 RESOLUTION NO. PC2007-21 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT N0.2007-05184 BE GRANTED (1450 EAST LA PALMA AVENUE) 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 TWO OF TRACT NO. 153, AS SHOWN ON A MAP RECORDED IN BOOK 11, PAGE 46 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHWESTERLY PROLONGATION OF THE WEST LINE OF SAID LOT TWO WITH THE CENTER LINE OF LA PALMA AVENUE (FORMERLY NORTH STREET), AS SHOWN ON SAID MAP; THENCE. SOUTH 89° 50' 30" EAST ALONG THE CENTER LINE OF SAID LA PALMA AVENUE, A DISTANCE OF 399.85 FEET; THENCE SOUTH 15° OB' 30" EAST 352.96 FEET; THENCE NORTH 800 43" 15" EAST 197.48 FEET TO THE WESTERLY LINE OF' LAND DESCRIBED IN DEED TO JAMES WETFON AND WIFE, RECORDED APRIL 10~', 1928 IN BOOK 148, PAGE 389 OF OFFICIAL RECORDS; THENCE SOUTH 16° 41' S0" EAST 377.96 FEET ALONG SAID WESTERLY LINE TO THE SOUTH LINE OF SAID LOT TWO; THENCE SOUTH 740 13' 30"WEST 564,80 FEET TO THE SOUTHWEST CORNER OF SAID LOT TWO; THENCE NORTH 17° 01' 00" WEST 86 1,42 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 March 19, 2007, 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 permit two modular buildings for classrooms at an existing parochial school is properly one for which a conditional use. permit is authorized by Anaheim Municipal Code Section 18.14.030.080 (Temporary Modular Units) with the following waiver. SECTION NO. 18.42.040.010 Minimum number of parkinq spaces (424 required; 335 proposed) 2. That the parking waiver is hereby approved based upon sparking-demand study prepared by Rafiq & Associates, the City's Traffic and Parking Consultant, providing evidence that adequate parking exists on the property for the existing church and expanded school facility. 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., school 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, school 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 (269 spaces needed and 335 spaces proposed). Cr\PC2007-21 -1- PC2007-21 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 and school 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 the use will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located as the parking study has demonstrated that the site can accommodate the combined uses on site; 8. That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. 9. That a person spoke with concerns pertaining to the subject site. 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 two modular units for classroom use; and does hereby approve the Negative Declaration upon finding that the declaratlor refiectsthe 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 properly in orfer to preserve the safety and general welfare of the Citizens of the City of Anaheim: Prior to issuance of a building permit or within a period of one (11 year from the date of this resolution, whichever occurs first, the following conditions shall be complied with: 1. That church staff shall ensure that all parking lots are sufficiently illuminated, monitor the parking lots to ensure that congregants are parking in marked stalls and direct vehicles to park on-site rather than within the surrounding neighborhoods. 2. That any proposed parking lot lighting shall be limited to a maximum height of 12 feet and directed away from the adjacent single-family residences to the west. 3. That the school be limtted to a total of seventeen (17) classrooms. Said information shall be specifically shown on plans submitted for building permits. 4. 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. -2- PC2007-21 5. That any required relocatipn of City electrical facilities shaft be at the developer's expense. 6, That the legal owner pf subject property shall provide the City of Anaheim with a public utilities easement (dimensions will vary with electrical design) alonglacross 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 Anaheim prior to connection of electrical service. 7. That the locations for future above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, e[c., 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.). Prior to final buildino ahd zoning inspections the followino conditions shall be complied with: 8. That the applicant shall obtain any necessary building permits and shall obtain Building Division clearance for the modular units. 9. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein. General Conditions: 10. That separate services and/or events shall not be held simultaneously within the sanctuary and. assembly hall resulting in an increase in parking demand. 11. That this school and religious institution 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 descdption of the operational changes shall be submitted for review by the City's Traffic and Parking Consultant to determine ff 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. 12. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty- four (24) hours from the time of discovery. 13. That approval of thls_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. 14. That timing for compliance with conditions of approval may be amended by the Planning Director uppn a showing of gopd cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. 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 ell 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. _3_ PC2007-21 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 March 19, 2007. 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 ORIGINAL SIGNED BY GAIL EASTMAN CHAIRMAN, ANAHEIM PLANNING COMM SSION ATTEST: (ORIGINAL SIGNED BY ELEANOR MORRIS) 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 March 19, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, KARAKI, ROMERO, VELASOUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this day of _,2002 (ORIGINAL SIGNED BY ELEANOR MORRISI SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2007-21