PC 2009/04/13Mondav, Aprel 13, 2009
Council Chamber, City Hall
200 South Anaheim Boulevard
Anaheim, Califomia
• Chairman: Joseph Karaki
• Chairman Pro-Tempore: Panky Romero
• Commissioners: Peter Agarwal, Kelly Buffa, Gail Eastman,
Stephen Faessel, Victoria Ramirez
• Call To Order - 2:30 P.M.
e Pledge Of Allegiance
• Public Comments
• Consent Calendar
• Public Hearing Items
s Commission Updates
• Discu~sion
s Adjournment
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.
You may leave a message for the Planning Commission using Ihe following
e-mail address: planninqcommission@anaheim.net
H:\TOOS\PC Admin\PC Agendas\(04/13/09).doc
Anv writinqs or documents provided to a maioritv of the Planninq Commission reqardinq anv
Anaheim Planning Commission Agenda - 2:30 P.M.
Public Comments:
This is an opportunity for members of the public to speak on any item under the jurisdiction of
the Anaheim Planning Commission or public comments on agenda items with the exception of
public hearing items.
Consent Calendar:
The items on the Consent Calendar will be acted on by one roll call vote. There will be no
separate discussion of these items prior to the time of the voting on the motion unless
members of the Planning Commission, staff or the public request the item to be discussed
and/or removed from the Consent Calendar for separate action.
Minutes
ITEM 1A
Receiving and approving the Minutes from the Planning
Commission Meeting of March 30, 2009. These minutes have
been provided to the Planning Commission and are available
for review at the Planning Department.
Motion
04/13/09
Page 2 of 8
Public Hearina Items:
ITEM iVO. 2
AMENDMENT TO CONDITIONAL USE PERIViiT NO. 1322
Request for Continuance
(TRACKIfVG fVO. CUP2008-05356) to May 27, 2009
VARIAPICE NO. 2009-04776
Parcel 1 Sidney E. Bickel
Owner: 5585 Via Dicha #B
Laguna Hills, CA 92653
Parcel 2 First Southern Baptist Church
Owner: 1275 East Broadway
Anaheim, CA 92805
Applicant: Phil Schwartze
PRS Group
31872 San Juan Creek Circle
San Juan Capistrano, CA 92675
Location: This project consists of two properties:
Parcel 1- 633 South East Street: This
property (Quartz Dealer Direct) is located 182
feet north of the centerline of South Street
Parcei 2- 1275 East Broadwav: This
property (First Southern Baptist Church) is
located at the northeast corner of Broadway
and Fahrion Place.
The`applicant requests the reinstatement and amendment Project Planner.
of a previously-approved conditional use permit for an Ted white
automotive wholesale and retail auction facility on Parcel 1 ~'hiteC~anaheim.ner
to delete a condition of approval pertaining to a time
limitation and to permit the business to have off-site parking
at a church located on Parcel 2. The applicant also
requests a variance to allow fewer parking spaces than
required by code for the automotive wholesale and retail
auction facility.
Environmental Determination: A Negative
Declaration, which was previously-approved, has
been determined to serve as the appropriate
environmental documentation for this project in
accordance with the provisions of the California
Environmental Quality Act (CEQA).
04/13/09
Page 3 of 8
ITEM MO. 3
CONDITIONAL USE PERMIT NO. 2008-05370 Resolution No. _
VARIAfVCE MO. 2009-0~1777
Owner: Nathaniel Williams
Anaheim West Plaza, LLC
3029 Wilshire Boulevard
Santa Monica, CA 90403
Applicant: Phillip Schwartze
PRS Group
31872 San Juan Creek Circle
San Juan Capistrano, CA 92675
Location: 3150 West Lincoln Avenue: This property is
located south and east of the southeast corner
of Lincoln Avenue and Western Avenue.
The applicant proposes a restaurant with alcohol service, a ProjectPianner.
banquet facility with alcohol service and fewer parking E~aine Thienprasiddhi
ethienC anaheim.net
Spaces than required by code.
Environmental Determination: The proposed action is
Categorically Exempt from the requirement to prepare
additional environmental documentation per California
Environmental Quality Act (CEQA) Guidelines Class 1
(Existing Facilities).
04/13/09
Page 4 of 8
ITEM NO. 4
CONDITIONAL USE PER~IIIT NO. 2009-05405 Resolution No.
VARIANCE iVO. 2009-04779 Resolution iVo.
Owner: Marc Majid
Anaheim West Plaza, LLC
P.O. Box 5272
Beverly Hills, CA 90210
Applicant: John Dodson
ADN Architects
1330 Olympic Boulevard
Santa Monica, CA 90404
Location: 927 South Euclid Street: This property is
located at the northwest comer of Euclid Street
and Ball Road.
The applicant proposes to replace an existing retail building Project Planner,-
with a new 3-unit retaii building with outdoor dining, David see
dsee~anaheim.ner
subdivide one tenant space into three spaces, and remodel
an existing neighborhood shopping center with fewer
parking spaces than required by code and larger letter
height of wall signs, more freestanding signs per street
frontage, and a longer distance between freestanding signs
than allowed by code.
Environmental Determination: The proposed project is
Categorically Exempt from the requirement to prepare
additional environmental documentation per California
Environmental Quality Act (CEQA) Guidelines, Class 1.
04/13/09
Page 5 of 8
ITEM fVO. 5
ZONIPIG CODE ~4MENDMENT fVO. 2009-00079
Applicant: Planning Department
City of Anaheim
200 South Anaheim Boulevard
Anaheim, CA 92805
Location: Citvwide
Request to amend Chapter 1.12 (Procedures); Chapter
14.60 (Transportation Demand); Chapter 17.08
(Subdivisions); Chapter 18.18 (Scenic Corridor (SC)
Overlay Zone); Chapter 18.24 (South Anaheim
Boulevard Corridor (SABC) Overlay Zone); Chapter
18.36 (Types of Uses); Chapter 18.38 (Supplemental
Use Regulations); Chapter 18.42 (Parking and Loading);
Chapter 18.44 (Signs); Chapter 18.46 (Landscaping and
Screening); Chapter 18.56 (Nonconformities); Chapter
18.60 (Procedures); Chapter 18.62 (Administrative
Reviews); Chapter 18.64 (Area Development Plans);
Chapter 18.66 (Conditional Use Permits); Chapter 18.74
(Variances); Chapter 18.92 (Definitions);Chapter
18.114 (Disneyland Resort Specific Plan No.92-1);
Chapter 18.116 (Anaheim Resort Specific Plan No.92-2);
Chapter 18.118 (Hotel Circle Specific Plan No.93-1);
pertaining to Zoning Administrator authority, drought
tolerant landscaping provisions, freestanding sign
provisions within the Scenic Corridor (SC) Overlay Zone
and approval/appeal procedures for various zoning
actions.
Environmental Determination: The proposed action is
exempt from the California Environmental Quality Act
(CEQA) under Section 21080 of the Public Resources
Code.
This item was continued from the March 16, 2009 and
March 30, 2009 Planning Commission meetings.
Resolution PJo.
Project Planner.
Vanessa Norwood
vnonvood @anaheim.net
,4djourn to Monday, April 27, 2009 at 2:30 P.NI.
04/13/09
Page 6 of 8
CERTIFICATION OF POSTING
I hereby certify that a complete copy of this agenda was posted at:
1:00 p.m. April 8, 2009
(TIME) (DATE)
LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK
SIGNED: ~n r \~
If you chailenge 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 COUNCI~ FROM PLANNING COMMISSION ACTION
Any action taken by the Planning Commission this date regarding Reclassifications,
Conditional Use Permits and Variances will be final 22 days after Planning Commission
action and any action regarding Tentative Tract and Parcel Maps will be final 10 days
after Planning Commission action unless a timely appeal is filed during that time. This
appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in
an amount determined by the City Clerk.
The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for
public hearing before the City Council at the earliest possible date. You will be notified
by the City Clerk of said hearing.
ANAHEIM PLANNING COMMISSION
In compliance with the American with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the Planning Department, (714) 765-5139.
Notification no later than 10:00 a.m. on the Friday before the meeting will enable the
City to make reasonable arrangements to ensure accessibility to this meeting.
Recorded decision information is available 24 hours a day by calling the Planning
DepartmenYs Automated Telephone System at (714) 765-5139.
04/13/09
Page 7 of 8
SCHEDULE
2009
April 27
May 11
May 27 (Wed)
June 8
June 22
I July 8 (Wed) I
July 20
August 3
Augustl7
August 31
September 14
September 28
October 12
October 26
-~ November 9 II
~~ November 23 (cancelled) ~~
II December 7 II
II December 21 (cancelled) II
04/13/09
Page 8 of 8
ITEM NO. 2
PLANNYNG COMMISSION AGENDA fliEPORT
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280-
www.anaMeim.net
City of Anaheim
PLANNING DEPARTMENT
DATE: APRIL 13, 2009
FROM: PLANIVING SERVICES MANAGER
TED WHITE, PROJECT PLANNER
SUBJECT: AMENDMENT TO CONDITIONAL USE PERMIT N0.1322
LOCATION: 633 South East Street (Parcel 1- Quartz Dealer Direct) and 1275 East
Broadway (Parcel2 - First Southern Baptist Church).
APPLICANT/PROPERTY OWNER: The applicant is Phillip Schwartze and the
property owners are Sidney E. Bickel (Parcel 1) and First Southern Baptist Church
(Parcel 2).
REOIJEST: The applicanC requests Che reinskatement a~d ame~dme~t of a previoosly-
approved condiCional use permit for an automotive wholesale and retail auctioo facility
on Parcel 1 to delete a condition of approval pertaining to a time limiCation and Co permit
tbe bnsiness to bave off-site parking at a church located on Pazoe12.
The applicant has sobmiCted the attached latter requesting a con6naance to allow
additional time to deCermine apgropriaCe off-siTe parki~g agreements. A group of
homeowners on Crestbrook Place I~ave submitted the attached petitiQn objecTing to the
reinstatement of this permit.
RECOMIVIENDATION: Staff recommends that the Commission continue this request
to the May 27, 2009 Planning Commission meeting. This item will be re-adver[ised and
property owners on Crestbrook Place will be notified of the new meeting date.
Respectfully submitted,
I ~~'0 ~"~"°`" ~
Principal Plaoner
Concu ed by,
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Pl ning Di ector
Attachments:
1. Vicinity and Aerial Maps
2, Request for Continuance
3. Petitioo of Objection
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Subject Property
Conditional Use Permit No. 1322
(Tracking No. CUP2008-05356)
Variance No. 2009-04776
Parcel 1- 633 South East Street (Quartz Dealer Direct)
Parcel 2- 1275 East Broadway (First Southern Baptist C
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ATTACHMENT NO. 2
April 6, 2009
Ted White
Senior Planner
Zoning Division - City Hall
200 South Anaheim Blvd.
Anaheim, CA 92805
RE: Request for Extension - Modification of Condition - Conditional Use
Permit Number #1322- Assessor's Parcel No. 037-130-21
Dear Mr. White:
Please accept this letter as a request to continue action on the request to modify
the conditions on the item listed above. We will be pleased to work with you to
provide the optimum solution to the off-site parking program and to resolving the
unmet conditions on the existing Church Conditional Use Permit. All of these
actions will require more time, therefore we are submitting this request.
Should you have any questions, please feel free to cali me.
Sincereiy,
The PRS Group
Phillip R. Schwartze
President
c. S. Governale - Quartz Dealer Direct
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This iettet is #o iafnrm #he Piaflning Coinmission flf #he protzlems asso~oiated wi#h {~uartz
.Dealer Direct) which is lvcatcd b33 Soirth PasY Street- The insufficieat acnount nf
parking at t~uatlz 3jealer 39ire~t is cbnstaucly creating probiems for'the emire
neighbor~ood off ofCrestbrook P1ace. Qn nuixemus i~ccasions t~ese }~ublems ~ave been
`~ limught be~'ore Code EnEorcement and it is well documented Yhat the'insufficient amounti
of pazldng is crearing an infl~irc of traffib into nur'neighborkood, which consis~s ,of people
: parking their cars throughout the ueighborhood' QuarJa I~ceaier Direct does noY care almu€
the small #'ines its paying or fhe burden its piitting on our neighborhood and it is appalling
~that fhe city continues to ~llow ihem •tq~poliute the L'~estbr4oic neighborhood., ~Hence, tha
cily ofi~nghe'vn shouli~.xwtsenew theirlicense ftir it.is.creating:aburden nn th~
neighbrnhood '
' The names and sigiatures belaw are from the enEira Crestbrook neighb~rhood:
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ITEM IVO. 3
PLAIVNING COMMISSION AGENllA ItEPORT
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280~
www.anaheim.net
City of Anaheim
PLANIVING DEPARTMENT
DATE: APRIL 13, 2009
FROM: PLANIVING SERVICES MANAGER
ELAINE THIENPRASIDDHI, PROJECT PLANNER
SUBJECT: CONDITIONAL USE PERMIT NO. 2008-05370
VARIANCE NO. 2009-04777
LOCATION: 3150 West Lincoln Avenue
APPLICANT/PROPERTX OWNER: The applicant is Phillip Schwartze wiTh
PRS Group and the property owner is Anaheim West Plaza, LLC.
REOUEST: The applicant proposes a restaurant with alcohol service and a banquet
facility witb alcohol service with fewer parking spaces than req~ired by code.
RECOMMENDATION: Staff recommends that the Planning Commission adopt
the attached resolution deTermining fhat a Class 1 Categorical ExempCion is the
appropriate environmental documenCaYion for this request and approving Conditional
Use Permit No. 2008-05370 and Variance No. 2009-04777.
BACKGROUND: The 5.7-aore property is curreotly developed with an
approximate 8Q000 square foot commercial retail center. The property is located in
the General Commercial (GG) aone. The General Plau designates this property and
properties to the west for low-medium density residential land uses. Properties to
the nortt~ and east are designated on the General Plan as Corridor Residential. The
property to the south is designated far medium densiCy residenCial land uses.
Conditional Use Permit No. 3989 was approved in 1998 and permitted a banquet
facility with alcohol service and a garking variance. This permit had a limitation on
the duration of the use which expired one year after approval. The permit was never
reinstated, but the use continued to operate.
PROPOSAL: The applicant proposes to occupy a 9,200 square foot tenant space
for use as a restaurant and banquet facility. The restaurant would be approximately
3,100 square feet and would operate during the day and on evenings when no
banquet events are schedaled. A full menu arid alcohol sales are proposed. The
banquet room, stage and dauce floor would be physically separated from t6e
restaurant by a sliding partition wall. The divider could be moved so that the
resCaurant area could be incorporated into the banqueY facility for larger events. The
banquet facility would only be available for private events, such as weddings.
CONDITIONAL USE PERMIT NO. 2008-05370
Apri113,2009
Page 2 of 2
In addition to catered food, the applicant proposas to serve aicohol as paR of the overall event
package. The banquet facility includes a stage, dance floor and bar. Events could be scheduled
from 10:00 a.m. daily and end at 10:00 p.m. Sunday through Thursday and midnight on Friday
and Saturday. The restaurant would operate under the same hours when no events are scheduled.
ANALYSIS: A conditional use pemut is required for restauzants with alcohol sales and banqnet
facilities with or without alcohol sales. A determination of Pablic Convenience or NecessiCy is
not required for either use. A banqoet facility was operated by a different owner at this location
from 1998 to 2008; however, the conditional use permit for that bosiness has expired. The
proposed uses would be compatible with the other uses within the shopping centec The Police
Department supports the request with the recommended conditions of approval.
A residential neighborhood is located across Topanga Drive, to the east. In order to minimize
noise for the residents in this neighborhood, staff has included a co~dition in the draft resolution
limiting the hours of operation to 10:00 p.m. on weeknights and midnight on weekends.
Parking Variance: Code does not identify a parking ratio for banquet facilities; therefore a
parking study was prepared to determine the number of spaces anticipated for the proposed
banquet facility. Aecording to parking counts at a similar facility, the proposed facility would
require 148 parking spaces. Using this number, the total parking the required for the shopping
center would be 553 parking spaces and 391 spaces are provided. Parking counts were
conducted in the shopping center to identify the actual parking demand in the center. The
hiahest number of occupied spaces was experienced on a 5aturday evening when 158 spaces
were occupied in the center. Therefore, anticipated demand would be 306 spaces, which is 85
parkina spaces less Yhan exists on-site.
CONCLUSION: The proposed restaurant and banquet facility would be compatible with the
surrounding residential and commercial uses. SCaff believes Chat, with the proposed conditions
of approval, the use would not be detrimental to the area. Therefore, staff recommends approval
of this conditional use permit and variance request.
Respectfully snbmitted, Cor~'cuned by, - -
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Principal Planner ~anni~g Services Manager
Attachments: \ /
1. Vicinity and Aerial Maps ~/
2. Draft ResolUtion - Conditional Use Permit aod Variance
The following attaehments were provided to Che Planni~g Com3nission and are available for
public review aC the Planning Services Divisio~ at City Hall.
3. Parking Study
4. CUP3989 Staff Report
5. CUP3989 Resolution
6. CUP3989 Meeting Minutes
7. Site Photographs
8. Site and Floor Plans
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Variance No. 2009-04777
3150 West Lincoln Avenue
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Subject Property
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Variance No. 2009-04777
3150 West Lincoln Ave~ue
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[DI2AFT] ATTACI-IMENT NO. 2
RESOLUTION NO. PC2009-
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING A CLASS 1 CATEGORICAL EXEMPT`ION AND
APPROVING CONDITIONAL USE PERMIT NO. 200$-05370 AND
VARIANCE NO. 2009-047'77
(3150 WEST LINCOLN AVENUE)
WHEREAS, the Anaheim City Planning Commissioo did receive a verified
Petition for Conditional Use Permit and Variance to permit a restaurant with alcohol service and
ba~quet facility with alcohol service with fewer parking spaces than requirad by Code on certain
real property situated in the City of Anaheim, County of Orange, State of California, shown on
Exhibit "A", attached hereto and incorporated herein by this refexence;
WHEREAS, the property proposed for a restaurant with alcahol service and
banquet facility with alcohol service is currenkly developed with an 80,000 square foot
commercial retail center located in the General Commercial (CG) zone and the Merged
Redevelopment ProjecC Area and ehe Anaheim General Plan designates this property for Low-
Medium Density Residential land uses; and
WHEREAS, the Anaheim City Planning Commission did hold a public hearing at
tbe Civic Center in the City of Anaheim on April 13, at 230 p.m., noCice of said public hearing
having been duly given as required by law and in accordance with the provisions of the Anaheim
Municipal Code, Ctaapter 18.60, to hear and consider evidence for and agai~st said proposed
conditional use permit and variance aod to investigate and make findings and recommendations
in connect~on therewiCl~; and
WHEREAS, the Anaheim City Planning Commission, after due inspection,
investigatioo and study made by itself and in its behalf, and after due consideration of all
evidence and reports offered at said hearing with respect to the request for a eonditianal use
permit, does find and determioe the following Pacts:
1. That a restaurant and banguet facility with alcohol service in the General
Commercial (C-G) zone is properly one for which a conditional use permit is authorii'ed by
Anaheim Municipal Code Sections 18.08.030.010 (Alcoholic Beverage Sales - On Sale and
Recreation - Commercial Indoor).
2. TfiaC Che restaurant and banqueC facility with alcahol service would not adversely
affect the adjoining residential and commercial land uses and the growth and development of the
area in which it is pcoposed to be located because the property is currently improved with a retail
ceoCer and hours of operation would be compatible witti surrounding uses. Additionally, a
similar business occupied the subject tenant space for approximately ten years without incident.
- 1 - PC2009-
3. That the size and shape of the site is adequate to allow the full development of the
proposed ase in a manner not detrimental to the particular area nor to the health, safety and
general welfare of the public because the property is curreufly improved with a commercial reCail
center and no expansion is proposed.
4. That the traffic geoerated by the restaurant and banguet facility market would not
impose an undue burden upon the streets and highways designed and improved to carry the
traffic in the area because the use is consistent with other uses in the center, similar to the
business that previously occupied the tenant space and no expansion is proposed.
WHE32EAS, said Commission does further find and determine that the request for
a variance of the following Code sections to permit fewer parking spaces than required by code
should be approved for the following reasons:
SECTION NO. 18.42.040A10 Minimum number of parking spaces.
(553 spaces required; 391 spaces
propased).
1. The variance perCaining Co the minimum number of parking spaces is hereby
approved based upon a parking study prepared by Parking Design Group, dated January 14,
2009, and reviewed by Kimley-Horn and Associates which determined that a minimum of 310
spaces should be provided for the project based on a shared parking analysis; and
2. The variance, under tl~e conditions imposed, will ~ot canse fewer off-street
parking spaces to be provided for the proposed use than the number of spaces necessary to
acoommodate all vehicles attributable tp Che existing and proposed nses becaose based on the
garking study, the site will have a surplus of 81 parking spaces. The site will have a parking
demand far less than code required parking for the individual land uses, due to the varying peak
hours of tl~e businesses wichin the shopping center; and
3. The variance, under tl~e conditions imposed, will pot incxease the demand and
competition for parking spaces upon the public streets in the immediate vicinity of the proposed
^se because the entire peak garicing demand will be served by Cl~e exisCing ~arking supply where
no additi0nal parking spaces on the immediate public streets will be needed; and T
4. The vaziance, under the conditions imposed, will not increase the demand and
compeYition for pazking spaces npon adjacenY private properCy in the immediaCe vicinity of the
shopping center because the entire peak parking demand will be served by the existing parking
supply where no additional parking spaces on adjacent private property in the immediate vicinity
will be needed: and
5. The variance, under the conditions imposed, will not increase traffic congestion
within the off-street parking areas or lots provided for such use because the anticipated peak
parking demand of 310 spaces is not expected to exceed the volume of traffic thak the existing
parking supply of 391 spaces would generate; and
- 2 - PC2009-
6. The variance, under the conditions imposed, wiil not impede vehicalar ingress to
or egress from adjacent properties upon the public streets in the immediate vicinity of the
proposed use because the anticipated peak pazking demand of 310 spaces is not expected to
creaCe co~ditions that wo~ld impede vehicular ingress to or egress from adjacent properties or
exceed tt~at which wouid be created by the conditions anticipated by the existing parking supply
oP 391 spaces; a~d
WH~REAS, the proposed project falls within the defmition of CaCegorical
Exemptions, Class 1(Existing Facilities) as defined in the State CEQA Guidelines, and is
Cherefore, exempt from the requirement to prepaze additional environmenYal documentatipn.
THEREFORE BE IT RESOLVED that the Anaheim City Planning Commission,
for the reasons hereinabove stated, does hereby approve Conditional Use Permit No. 2008-05370
and Variance No. 2009-04777 subject to the conditions of approval described in Exhibit "B"
attached hereto and incorporated by this reference which are hereby found to be a ~ecessary
prerequisite to the proposed use of the subject property in order to preserve the health, safety and
general welfare of Che Gitizens of the City of Anaheim.
BE 1T FIJRTI3ER RESOLVED, that this permit is approved without limitations
on the duration of the use. Amendments, modifications and revocations of this permit may be
processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) of the
Anaheim Municipal Code.
BE IT FURTHER RESOLVED that the Anataeim City Planning Commission
does bereby find and determine ChaC adoption of This Resolutiou 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,
sball be deemed nu11 and void.
BE IT FURTF~R RESOLVED that the applicant_is respoasible 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,
whicheve"r occurs firsY. Fa3lure Co pay all charges shall result in delays in the issaance of required
pernuCS or the revocation of the approval of this application.
THE FOREGOING RESOLUT'ION was adopted at ttie Planning Commission
meeting of April 13, 2009. Said resol~tion is subject to the appeal provisions set forth in Chapter
18:60, "Zoning Provisions - General" of the Anaheim Municipal Code peRaining to appeal
procedures and may be replaced by a City Council ResoluCion in the event of an appeal.
CHAIRIvIAN, ANAHEIM CITY PLANNING COMMISSION
- 3 - PC2009-
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do
hereby certify thaC the foregoing resoluCion was passed and adopted at a meeting of the Anal~eim
City Planning Commission held on April 13, 2009, by the foAowing vote of the members
thereof:
AYES: COMMISSIONERS:
NOES: COMMI3SIONERS:
ABSENT: COMMI3SIONERS:
IN WIT'NESS WITEREOF, I have hereunto set my hand this 13~' day of April, 2009.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
- 4 - PC2009-
E~HIBIT "A"
CONDITIONAL USE PERNIIT NO. 2008-05370
VARIANCE NO. 2009-04777
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POLK AVE
LINCOLN AVE
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Source: Recorded Trad Maps andlor City GIS.
Please no[e ihe accurecy is +l- N~o to 5ve feet.
10i39
- 5 - PC2009-
~
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2008-05370
VARIANCE NO. 2009-04777
RESPONSIBLE
FOR
NO. CONDITIONS OF APPROVAL MONITORING
PRIOR TO fSSUANCE OF A BUILDING PERMIT QR WITHIN O1VE (I) YEAR FROM
THE DATE OF THIS RESQLUTION, WHICHEVER OCCURS FIXST
1 Plans submitted for building permits shall demonstrate Planning
that rooftop address numbers for the police helicopCer police
shall be painted in a contrasting color to tl~e ropfing
material. Nombers should be four inches in height and
two inches wide.
2 Plans submitted for building permits shall demonstrate Police
' that Che business shall be eq~ipped wiCh an alarm systam
(silent or audible).
PRIOR TO FINAL BUILDING E1ND ZQNING ItVSPECTION OR CdMMENCEMENT OF i
TISE, WHICHEVER OCCURS FIRST
3 The subject property shall be developed substantially in Plauning
accordance with the plans and specificaCions submitted to
Che City of Anaheirn by the applicant and which plans are
on file with the Planning Department Exhibit Nos. 1(Site
Plan) and 2(Ploor Plan)and as conditioned l~erein.
4 The business owner shall File Emergency LisYing Card, Police
Form APD-281, with the Poiice Department, available at
Che Police Department front counter.
5 The business owner shall complete a Burglary/Robbery Police
Alarm Permit application, Form APD 516, and return it to
the Police Department priox to initial alarm activaYion.
GENERAL'CONDITIONS - ONGOING DURING OPERATION
6 Hours of operation shall be limited to: Planning
' • Sunday through Tharsday from 10:00 am to 10:00 pm police
' o Friday and Saturday from 10:00 a.m. to midnight.
Code Enforcement
7 Bottles and glass conkainers shall not be empCied into Police,
outside trash containers between the hours of 10 p.m. to 7 Code Enforcement
a.m. daily.
- 6 - PC2009-
8 All uses shall be conducted wholly within the building. Planning
9 At all times when the premise is open for business, the Police
premise shall be maintained as a bona fide restaurant and '
shall provide a menu containing an assortment of foods
normally offered in such restaurant.
10 There shall be no pool tables or arausemeot devices Police
maintained upon the premises at any time unless the
proper permits have been obtained from the City of
Anaheim.
11 There shaIl be no live antertainment, amplified music or Police
da~cing permitted on tbe premise at any time unless the
proper pernvts have been obtained from the City of
Anaheim.
12 The sale of alcoholic beverages for consumption off the Police
premise shall be prohil~ited.
13 The a oss sales of alcoholic beverages shall not exceed 40 Police
percent of the gross sales of all retail sales during any
three (3) month period. The applicant shall maintain
records on a quarterly basis 9ndicating 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 reqaested.
14 There shall be no exterior advertising of any kind or type, Police
including adverCising directed to the exterior from within,
promoting or indicating the availability of alcoholic
beverages.
15 The activities occusing in conjunction with the operation Police
of this establishment shall not cause noise disturbance to
surrounding properCies.
i5 ' The subject alcoholic beverage license shall not be Police
~ 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.
17 There shall be no admission fee, cover charge, nor Police
minimum purchase required.
- 7 - PC2009-
18 The parking lot serving the premises shall be equipped Police
wiCh lighting of sufficient power to illumiqate and make
easily discernible the appearance and conduct of all
persons on or about the parking lot. Said lighting shall be
dizected, positioned and shielded in sach a man~er so as
noz to unreasonably illuminate the wi~dows of nearby
residences.
19 The business operator shall comply with Sec[ion 24200.5 Police
of the Business and Profession Code so as not to employ
or permit any persons to solicit or encourage others,
direcCly or indirectly, to buy them dr9nks in the licensed
premises under any commission, percentage, salary, or
other profit-sharing plan, scheme or conspiracy.
20 At all times ebat enCerCainment or da~cing is permitted, Police
securiCy measures shall be provided to the satis£aetioo 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 creaCed by paCrons
entering or leaving the premises.
21 All doors serving subjecC restaurant shall conform Yo the Police
requirements oP the Uniform Fire Code and shall be kept
closed at all times during Cl~e operation of the premises
except for ingress/egress, permit deliveries and in cases of
emergency.
22 Any and all security officers provided shall comply with Police
all State and L,ocal ordinances regulaung their services,
including, without limitation, Chapter 1 l.5 of Division 3'
" of the California Business and Profession Code. (Section
4.16.070 Anaheim Manicipal Code)
23 Outdoor storage shall not be permitted. Planning
24 Approval of this application constitutes approva] of the Planning
proposed reqnest only to the exCent Chat it complies with
the Anaheim Municipal Zoning Code and any other
applicable City, State and Federal regulations. Approval
does not include any acCion or findi~gs as to compliance
or approval of the request regarding any oYher applicabla
ordinance, regulation or requirement.
- 8 - PC2009-
25 Extensions for further time to complete oonditions of
approval may be granted in accordance with Section
18.60.170 of the Anaheim Municipal Code. Planning
26 Timing for compliance with conditions of approval may Planning
be amended by the Planning Director upon a showing of
good cause provided (i) equivalent timing is establashed
that satisfies the Qriginal intent and purpose of Che
condition(s), (ii) the modificatian complies with the
Anaheim Municipal Code and (iii) the applicant has
demonstrated significanY progress Yoward establishment
of the use or approved developmenc.
- 9 - PC2009-
ITEM NO. 4
PLANNING COMMISSION AGENDA REPORT
City of Anaheim
PLANNING DEPARTMENT
DATE: APRIL 13, 2009
FROM: PLANNING SERVICES MANAGER
DAVE SEE, PROJECT PLANNER
SUBJECT: CONDITIONAL USE PERMIT NO. 2009-05405
VARIANCE NO. 2009-04779
LOCATION: 927 South Euclid Street
APPLICANT/PROPERTY OWNER: The applicant is John Dodson with ADN
Architects and the property owner is Mazc Majid with Anaheim West Plaza, LLC.
REOUEST: The applicant requests approval to remodel an existing shopping
center, including the replacement of an existing retail building with a new three unit
retail building with outdoor dining, and subdivision of one tenant space into three
spaces. The applicant is also proposing a vaziance to allow fewer pazking spaces
than required by Code, wall signs with lazger letter heights than permitted by Code,
and a shorter distance between freestanding signs than required by Code.
RECOIVIMENDATION: Staff recommends that the Planning Commission adopt
the attached resolution determining that a Class 1 Categorical Exemption is the
appropriate environmental documentation for this request and approving Conditional
Use Permit No. 2009-05405 and granting, in part, Vaziance No. 2009-04779.
BACKGROiJND: The 7.5-acre property is cunently developed with a
neighborhood shopping center in the General Commercial (GG) zone. The General
Plan designates this property for neighborhood center land uses. The properties to
the north and west are designated for medium density residential land uses. The
properties to the east and south aze designated for general commercial land uses.
PROPOSAL: The applicant requests approval to demolish a 4,200 squaze foot
restaurant building and construct a new 4,000 square foot, three unit retail building
with two outdoor dining azeas in the same location. The applicant also proposes to
subdivide one 8,400 square foot tenant space into three spaces, remodel the entire
shopping center with a unified azchitectural theme, repave the parking lot, and add
new landscape planters. The reconfigurat4on of the parking lot will reduce the
number of parking spaces from 454 to 439. Code requires 636 spaces.
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
TeC (714) 765-5139
Fax: (7~4) 765-5280'
www.anaheim.net
CONDITIONAL USE PERMIT NO. 2009-0SA05
Apri113,2009
Page 2 of 3
The applicant submitted a comprehensive sign program for the center. The program shows new
20 Co 48-inch high channel letter wall signs for each tenant, two new 25-foot bigh pylon signs
along Euclid Street, two new monument signs along Ball Road, a~d tbe demolition of four
existing nonconforming pole signs and one conforming monument sign. The program also
indicates that the two exisCing roof signs on the supermarket will be removed "contingent upo~~
the approval of the two pylon signs along Euclid Street and the 48 inch high wall signs for the
supermarkeY'. The proposed monument signs along Ball Road meet code requirements and are
subject Co administrative approval. The new wall signs, however, will result in larger letter
heights than permitted by code. The distance between the proposed pylon signs along Euclid
Street would be less than required by Code.
ANALYSIS: The following includes a detailed analysis and recommendations on the project.
Conditional Use Permit: Commercial retail centers are permitted in the GG zone subject to the
approval of a conditional use permit. The existing shopping center was constructed prior to the
Code requiring a CUP for retail centers, and is therefore legal non-conforming. The proposed
demolition and reconstruction of one building, the division of a tenaot space into three spaces,
and the changes to the landscaping, parking and circulation, will require approval of a CUP.
Staff believes that a substantial remodel of Yhe exisYing shopping center wauld sabstan6ally
improve the aesthetics of the buildings and the overall appearance of the property. In addition,
staff believes that the proposed remodel would not have an adverse effect on adjacent residential
and commercial uses.
Variance: The applicant requests fewer parkiog spaces, larger wall signs, and a shorter distance
between freestanding signs fhan required by code. The following includes a detailed analysis
and recommendations on the proposed variances.
Parkine: Code requires 636 parking spaces and 439 spaces are proposed. A parking study was
prepared by Hartzog & Crabill, Inc to analyze the proposal and the study concludes that a
minimum of 361 spaces needs to be provided for the project based on a shared parking analysis
during peak hours on a Friday evening. The attached study addresses the required findings for a
parking variance. _ _,
Signs: Proposed sign plans include wall signs with a ma~cimurn leCCer height of 48 inches wfiere
code permits a 24-inch letter height for wall signs on buildings less Chan three stories. A total of
twenty-three signs facing Euclid SCreet would have a letter height of 32 inches and oue sign for
the largest tenant (Nonhgate supermarket) would have a letter height of 48 inches. These signs
would be approximately 250 feet from Euclid Street. Five signs facing Ball Road would have a
letter height of 30 inches in cam~fiance wiCh Code.
The Code also requires that the maximum area of wall signs not exceed 10% of the face of the
building or 200 square feet, whichever is less. Alkhough the maximum letter height is larger than
permitted by Code, the total sign area on each elevation would be approximately 7%, which is
less than permitted by Code. The intent of Yhe letter beight limitation and maximum sign area is
to ensure that wall signs are in proportion to the building elevation. Staff researched Planning
Department records and fouod that a total of thirteen letter heigl~C vadances have been granted
since the code was amended in 2004, The variances were approved based upon Che scale of the
CONDITIONAL USE PERMIT NO. 2009-05405
Apri113,2009
Page 3 of 3
signs in relation to the building and also due to the signs being located approximately 35 to 410
feet from the street. Staf'f believes the signs are in scale with the size of the building and there
are ~nique circumstances that warrant larger signs for this building because the signs would be
located 250 feet from the street, and the proposed height would improve sign legibility,
providing appropriate business identification from the adjacent public street. Therefore, staff
recommends approval of the requested letter height variance.
Sign plans also indicate two 25-foot high pylon signs along the Euclid Street frontage. The
heighC and size of the signs comply with Code requirements; bowever, the applicant requests a
shorter distance between freestanding signs than reqoired by Code. The signs wonld be located
282 feet apart aud Code reqaires a minimum separation of 300 feeC. The applicant indicates that
iY would be diff'icult to comply with this spacing requirement because the sigus cannot be placed
too clase ro kl~e exisYing buildings, Yrees, and driveways along Euclid Street. Staff reviewed the
size, shape, and topography of this property, which is regularly shaped, flat, and adjacent to two
public sYreets, and did not find any physical hardships or special circnmstances which would
justify approval of a variance to allow a reduction in the distance between the proposed pylon
signs. Staff believes that two freestanding signs could be constructed along Euclid Street that
would meet Code requirements.
CONCLUSION: The shopping center subdivision and remodel would be compatible with the
surrounding residential and commercial uses and would substantially improve the aesthetics of
the overall appearance of ehe property. Staff believes Chat, with the proposed candiCions of
approval, Che use would not be detrimental to the azea. 3taff supports the parking variaoce based
^pon the conclusions contained in a parizing study prepared by Hartzog & Crabill, inc. Co justify
Che defciency. Staff also supports the variance for maximum wall letter height because similar
letter height variances have been granted for other commercial uses in the City and also because
the signs are in scale with the size of the building. Therefore, staff recommends approval of the
conditional use pernut and variance requests, with the exception of the request to permit a
reduction in the required distance between pylon sig~s.
Respectfully submitted,
/~~~G1~~~~,/-
Principal Planner
Attachments•
1. Vicinity and Aerial Maps
2. Draft Resolution
3. Letter of 7ustification
Services Manager
The following attachments were provided to the Planning Commission and are available for
public review at Che Planning Services Divisian at City Hall.
4. Parking Study
S. Sign Program
6. Site Photographs
7. Colors and Materials
8. Site, Floor, and Elevation Plans
A ril 13, 2009
Subject Property
Conditional Use Permit No. 2009-05405
Variance No. 2009-04779
927 South Euclid Street
10740
a so mo~ Aefial Photo:
~ April 2008
[I)RAFT] AZ'TAC~IMEIVT NO. 2
RESOLUTION NO. PC2009-
A RESOLUTION OF THE ANAHEIM CTI'Y PLANNING COMMISSION
APPROVING A CLASS 1 CATEGORICAL EXEMPTION AND
APPROVING CONDITIONAL USE PERMTT NO. 2009-05405
AND VARIANCE NO. 2009-04779
(927 SOUTH EUCLID STREET)
WHEREAS, the Anaheim City Planning Commission did receive verified
Petitions for a Condit9onal Use Permit and Variance to replace an existing retail bailding with a
new 3-unit retail building wiYk~ outdoor dining, subdivide one tenant space into three spaces, and
remodel a~ existing neighborhood shopping center with fewer parking spaces than required by
Code, wall signs with larger letter heights than permitted by Code, and a shorter distance
between freestanding signs than required by Code on certaio real properCy siYuated io tbe City of
Anaheim, County of Orange, State of California, shown on Exhibit "A", attached hereto and
incorporated herein by this reference; and
WHEREAS, the property is located in the General Commercial (C-G) zone and is
designated for Neighborhood Center land uses in the City of Anaheim General Plan; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on April i3, 2009, at 2:30 p.m., notice of said public hearing
baving been duly giveo as required by law and in accordance with the provisions of the AnaUeim
Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed
conditional use permit and variance 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 ics bebalf, and after due consideration of all evidence and reporCS offered at said
hearing with respect to the request for a conditional use permit, does find and deternune the
followin~ facts:
1. That a commercial retail center in the General Commercial (C-G) zone is properly
one for wliich a condiCional use permit is authorized by Anaheim Monicipal Code 3ec'tion
18.08.030:010 (Coramercia] ReCail Centers).
2. Tfiat the proposal Co replace ao existing retail building wiGh a new 3-unit retail
building wiCh outdoor dining, subdivide one Cenaot space into three spaces, and remodel an
existing neighborhood shopping center would not adversely affect the adjoining commercial and
residential land uses and the growth and development of the area in which it is proposed to be
located because the property is currently improved with a neighborhood shopping center and the
enhanced buildiog facades, signage, parking, and landscaping woold substaotially improve the
aesthetics of the buildings and the overall appearance of the property.
3. That the size and shape of the site is adequate to allow the full development of the
proposed use in a manner not detrimental Co the particular area nor to Che health, safety and
ge~eral welfare of the public because the property is carrenCly improved with commercial retail
- 1 - PC2009-
and office buildings and 439 parking spaces will be provided. Code requires a total of 636
spaces for the proposed use. A parking study was prepazed by Hartzog & Crabill, Inc to analyze
the proposal and Che stody concludes that a minimum of 361 spaces needs to be provided for the
entire shopping center based on a shared parking analysis during peak hours on a Friday evening.
4. That the traffic generated by the business would not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area because the
number of cars and tracks entering and exiting Yhe siCe are consistent with Yypical commercial
businesses that would be permitted as a matter of right within the General Commercial zone.
WHEREAS, said Commission does further find and determine that the request for
a vaziance of the following Code Sections should be approved, in part, approving waivers (a) and
(c) and denying waiver (b), for the following reasons:
(a) SECTION NO. 18.42.040.010
(b) SECTION NO. 18.44.090.010.0102
(c) SECTION NO. 18.44.i 10.010.~103
Minimum number of parkine spaces.
(636 spaces required; 439 spaces
proposed).
Minimum distance between
freestandine siens (300 feet
required; 282 feet proposed)
Ma~cimum wall sien IetCer ltei~ht.
(24 inches permitted; 20 to 48 inches
proposed)
1. The variance pertaining to the minimum number of parking spaces is hereby
approved based upon a parking study prepared by Hartzog & Crabill, Inc which determined that
a minimum of 361 spaces should be provided for the project based on a shared parking analysis
during peak hours on a Friday evening.
2. The variance, under Che conditions imposed, will oot caase fewer off-street
parking spaces to be provided for the proposed use than the number of such spaces necessary to
accommodate all vehicles attributable to such use under the normal and reasonably foreseeable
copditions of operation of sueh use because the site will accommodate the forecasted parking
based on the results of the pazking study and have a surplus of 78 parking spaces.
3. The variance, under the conditions imposed, will not increase che demand and
competitia~ for parking spaces upon the public streets in the immediate vicinity of the proposed
use because the projected demand will be far less than the 439 proposed parking spaces.
4. The variance, onder Che conditions imposed, will not increase the demand and
compekition for parking spaces upon adjacent private property in the immediate vicinity of the
proposed use because the parking for this site is sufficient for the proposed use and sunou~ding
properties have parking lots that are disCflnctly separate from this facility.
- 2 - PC2009-
5. The variance, under the conditions imposed, will not increase traffic congestion
within the off-street parking areas or lots provided for such use since the off-street parking area
will provide sufficient parking to accommodate the projected parking demand and the drive
aisles thraugh Che site are sufficient to accommodate the site's anticipaYed traffic.
6. The vaziance, u~der the oondiCions imposed, will uot impede vehicular ingress to
or egress from adjacenC properCles upon the public streets in the immediate vicinity of the
proposed use since the proposed driveways are in generally the same location as the existing
access driveways such that no significant access changes are contemplated.
7. The variance pertaining to the maximom wall sign leYTer height is hereby
approved because khe total sign area on each b~ilding elevation is less than permiCted by Code
and the wall sig~s are in proportion to the scale and mass of Che huilding facades. Furthar, there
are unique circumsCances applicable to khis property that wanant larger sia s because the
building is located 250 feet from Che sYreet and signs complying with the Code wovld not be
clearly legible from the streek.
8. Similar wall sign letter height variances have been ~ranted for othercommercial
properties in the City.
9. The variance pertaining to the minimum distance between freestanding signs is
hereby denied because t6ere are no physica] hardships or special circumstances applicable to this
property which would justify approval of a variance from the development standards regulating
the distance between freestanding signs. The property has a flat and reckangolaz shape and the
property is large enough to accommodate two freestanding signs along Euclid Street that would
meet Code requirements.
WHEREAS, the proposed projecC falls within Che definition of Categorical
Exemptions, Class 1(Existing FaciliCies) as defined in the State CEQA Gaidelines, and is
therefore, exempt from the requirement to prepare additional environmental documentation.
BE IT F[JRTHER RESOLVED that the Anaheim City Planning Commission, for
the reasons hereinabove stated, does hereby approve Conditional Use Permit No. 2009-05405
and Variance No. 2009-04779, in part, subject to the conditions of approval described in Exhibit
"B" attached hereto and incorporated by this reference which are hereby found to be a necessary
prerequisite to the proposed use of the subjecc property in order to preserve the health, safety and
general welfare of the Citizens of the City of Anaheim.
BE IT F~'[JRZ'I~IER RE50LVED, that this permit is approved without limiYations
on the hours of operation or the duration of the use. Amendments, modifications and revocations
of this permit may be processed an accordance with CbapCers 18:60190 (Ameudment to Permit
Approval) of the Anaheim Municipal Code.
BE IT F{JRTHEIZ RESOLVED Chat t6e Anaheim City Planning Commission
does hereby find and determine that adoption of this ResolutiQn is expressly predicated upon
applicant's compliaoce with each and all of tlie conditions hereinabove seC forth. Should any
such condition, or any part thereof, be declared invalid or une~forceable by the final jud~ment ot
- 3 - PC2009-
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
chazges related to the processing of this discretionary case application within 15 days of the
issuance of the final invoice. 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 FOREGOIIVG RESOLUTION was adopted at the Planning Commission
meeting of April 13, 2009. Said resolution is subject to the appeal provisions set forCh in Chapter
18:60, "Zoning Provisions - General" of the Anat~eim Municipal Code pertaining to appeal
procedures and may be replaced by a City Council Resolution in the evenC of an appeal.
CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE O~' CALIFORNIA )
COUNTY OF ORANGE ) ss.
C1TY OF ANAHETM )
I, Grace Medina, Senior Secretary of the Anabeim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
City Planning Commission held on April 13, 2009, by the following vote of the members
thereof:
AYES: COMMISSIONERS:
NOES: ~ COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunro set my hand this 13°i day of April, 2009.
SENIOR SECRETARY, ANAHEIM C1TY PLANNING CQMMISSION
- 4 - PC2009-
EXFIIBI'I' "A"
CONDITIONAL USE PERI~4IT NO. 2009-0_5405
VARIANCE NO. 2009-04779
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Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +!- tvro to fve feet.
- 5 - PC2009-
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2009-054p5
VARIANCE NO. 2009-04779
RESPONSIBLE
FOR
NO. CONDITIONS OF APPROVAL MONITORING
PRIOR TO THE ISSUANCE OF fl BIIILDING PERMIT '
1 Trash storage areas shall be provided and maintained in a Planning,
location acceptable to the Public Works Department and in public Works
accordance wiCh 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.
2 A grading plan for the parking lot modifications shall be Public Works
submitted to Public Works for review and approval by the City Development
Engineer. The driveway locations, drive aisles and parking stalls Services
shall be in conformance with the cunent version of Engineering
Standard DeCails.
3 On-going during project operation, no required parking areas Public Works
shall be fenced or otherwise enclosed for outdoor storage uses. Traffic
4 Fire lanes shall be posted with "No Parking Any Time." Said Public Works
~ informaCion shall be specifically shown on plans submitted for Traffic
building permits.
GENERAL CONDITIONS
5 There sball be no public telephones on Yhe property that are Planuing
located outside of C6e building and within the control of the
applicant.
~6 ~ The applicant shall monitor the area under their control in an Police
effoR to prevent the loitering of persoos about the premises.
7 Parking loks, driveway, circulatioo areas, aisles, passageways, Police
recesses and ground contiguous to boildings, shall be provided
with lighting of a minimum one (1) foot candle power to
illuminate and make clearly visible the presena'e 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.
- 6 - PC2009-
8 The property shall be permanently maintained in an orderly Code
fashion throu~h the provision of regular landscaping Enforcement
maintenance, removal of trash or debris, and removal of graffiti
within two business days from the time of discovery.
9 Granting of the pazking variance is contingent upon operation of Planning
the use in conformance with the assumptions and/orconclusions
relaking to the operation and inte~sity of use as contained io the
parking demand sYudy that formed the basis for appraval of said
variance. Exceeding, violatiqg, intensifying or otherwise deviating
from any of said assumptions and/or conclusions, as contained in
the parking demand study, shall be deemed a vialation of the
expressed conditions imposed upon said variance which shall
subject this variance Yo termination or modification pnrsuant to Che
, provisions of Chapter 18.60 Procedures of the Aual~eim Municipat
Code.
10 The subject property shall be developed substantially in Pla~ning
accordance with plans and specifications submitted to the City of
AnaHeim by the petitioner and which plans are on file with the
Planning AeparCmeot marked Exhibit Nos. 1(Site Plan), 2-7
(Floor Plans), 8-9 (Elevatioos), and 10 (Landscaping) and as
conditioned here9n.
11 Extensions for further Cime Yo compleTe conditions of approval Plaani~g
may be granted in accordance with SecCion 18:60.170 of the
Anaheim Municipal Code.
12 Approval of this application constitutes approval ot the proposed Planning
request only Co the extent Chat 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 reqoesC regarding
any other applicable ordinance, regulation or requirement. __.
- 7 - PC2Q09-
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.
Armet Davis Newiove, AIA Architects
1330 Olympic Boulevard • Santa Monica, CA 90404-3726
Phone:310-452-5533 Fax:310-450-4742
JUSTIFICATION FOR CONDITIONAL USE
Re: Ball and Euclid
901 - 969 Euclid &
1717 - 1723 W. Bali
ATTACHMENT NO. 3
1. The proposed new 4,000 sq. ft. retail sheil building, which wi0 be replace an existing
4,127 sq. ft. building and the division of existing 8,400 sq. ft. retail space into three 2,800
sq. ft. spaces is allowed in this zone, and the rest of the 7 acre site is used for this.
2. The proposed 4,000 sq. ft. retail building and subdivision of the existing
8,400 sq. ft. retaii building will have no adverse impact on the adjoining Iand uses,
and the growth and development of the adjoining area, as ~o additional square
footage wifi be added to the site. The 7 acre site is being used as a shopping center
with many individual tenant spaces. The overall configuration of fhe site will not change.
3. There is no proposed change to the size, shape and layout of existing buildings, which
were canstructed between 40 - 50 years ago. As such, the proposed use will not have a
detrimental effect on the health or welfare of khe adjecent properties.
4. The existing 4,127 sq. ft. was used as a restaurant and the existing 8,400 sq. ft. retail
space into 3 spaces will not generate additional traffic. This has been addressed by
Hartzog and Grabill, Inc. in a traffic study of the center, which is included with the
submittal.
5. Approval of this CUP will have a beneficial effect for the people of Anaheim as an
existing substandard restaurant will be replaced with a new shell building that meets
current building and zoning code requirements including required setbacks.
The building subdivision of the existing 8,400 sq. ft. tenant space will allow more retails
choices in a single center, which will provide positive benefits to the citizens of Anaheim, as
more of their shopping needs can be met in a singie center.
Finally, the proposed fa~ade renovation will bring new architectural elements to a tired and
old center, which will benefit fhe entire community.
Notes supporting variance requests af Ball Road and Euclid Street, Anaheim,
California.
A. Reqnest for vlriance to allow forty-eight inch letters for anchor tenant
(currently Northgate Market).
Currently tl~is tenant is served by a wal] sigii with approxnnltely 24 inch
letters as well as a root~ sign with considerably larger letters and
identification on the larger of the two pylon signs on Euclid Avenue.
Should the roof si~n be removed as welf as the tenant identitication on tl~e
street pylon signs, twanty-four inch letters wi~l not provide this large
tenant witl~ tl~e visua( presence and message readahility on Guclid Avenue
that this large market tenant tequires.
This type of center that is a greater distance from the road needs
equivalent size signage for bodt the majors and inline tenants. This center
was bnilt in the 50's and set back more than mast centers today.
Otl~er properties aze located close to the sueet and signage theref~re is
more readable at smaller sizes. Other properties lilce at Brookhurst and
Ball and Katella and Euclid.
B. Rec~uest for vnriance to place freestanding signs fewer fhan 300 feet apart.
Two 25 foot tall pylon signs identifying flie center and key tenants are
proposed Por Euclid Avenue. The first sign (P1) is to go in place ofd~e
existing Winchell's Donuts sign at the north end of the properry. For the
second sign (P2) there aca two locacions which initially appear possible
that would altow the minimum 300 foot sepazation between signs Yo occut
The first location is nexY to the existing liquor store. I-Iowever, locating
the sign there would block traffic tlow for the main and only entrance.
The second location would be in front of or next to the new multi-tennnt
building. However, at that location, surrounding trees woutd sig~uhcacttly
block the sign's visibility from the street, as cvould the bui(ding itself,
which is Co be 30 feet tall. The trees which beau#ify the streeY would be a
distinctive disruption to this centar.
As a result, the only location that seems reasonable is that shown in the
latest sign program draft revised Mazch 31, 2009 whieh shows P2 fart7~er
souUi than d~e previous sign, at 282 Peet from Pl, just under the 300 Feet
required by the city. This location would be nortl~ ofthe main entrance.
This would become dre main signage for the enlire comer. In addition, we
would bc removing severll non conforming signs.
Strict compliance with a 300 foot separation between monuments along
Euclid will add a hardship to this center which are not found on other
similar neazby cemers - Brookhurst and Ball, Katella and Euclid as two
examples.
ITEM NO. 5
Y'LANNING COMMISSION AGENI3A
City of Anaheim
PLANNING DEPARTMENT
DATE: APRIL 13, 2009
FROM: PLANiVING SERVICES MANAGER
VANESSA NORWOOD, PROJECT PLANNER
SUBJECT: ZONING CODE AMENDMENT NO. 2009-00079
LOCATION: Citywide
APPLICANT: City of Anaheim Pla~ning Department
REOUEST: This is a City-initiated request to amend Title 18 (Zoning) of the
Anaheim Municipal Code to amend Chapter 1.12 (Procedures); Chapter 14:60
(Transportadon Demand); Chaptar 17.08 (Subdivisions); Chapter 18.18 (Scenic
Corridor (SC) Overlay Zone); Chapter 18.24 (South Anaheim Boulevard Corridor
(SABC) Overlay Zone); Chapter 1836 (Types of Uses); Chapter 1838 (Supplemental
Use Regulations); Chapter 18.42 (Parking and Loading); Chapter 18.44 (Signs);
Chapter 18.46 (Landscaping and Screening); Chapter 18.56 (Nonconformities);
Chapter 18.60 (Procedures); Chapter i8.62 (Administradve Reviews); Chapter 18,64
(Area Development Plans); Chapter 18.66 (Conditional Use Permits); Chapter 18.74
(Variances); Ck~apCer 18.92 (Definitions);Chapter 18.114 (Disneyland Resort Specific
Plan No92-1); Chapter 18.116 (Anaheim Resort Specific Plan No.92-2); Chapter
18.118 (Hotel Circle Specific Plao No.93-1); pertaining to Zoni~g Administra2or
authority, drought tolerant landscap3ng provisions, freestanding sign provisions
within the Scenic Corridor (SC) Overlay Zone and approvaUappeal procedures for
various zoning acCions.
RECOMNIENDATION: Staff recommends that the Commission continue this
request Co Apzi127, 2009 to allow time for staff to finalize the requested
amendmenCS.
Respectfully submitted,
~~,,G~~-~--- ~ I ~~
Principal Pla~ner ~ Plan ing Services Manager
200 5. Anaheim Blvd.
Suite k~62
Anaheim, CA 92805
Tel: (7~4) 765-5139
Fax: (714) 765-5280 ~
www.anaheim.net
ATTACHMENT NO. l
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April 13, 2009
Zoning Code Amendment No. 2009- 00079
Citywide ,a~22