Loading...
PC 2011/01/19Call To Order 5:00 p.m. Pledge Of Allegiance Public Comments Consent Calendar Public Hearing Items Commission Updates Discussion Adjournment H: \TOOLS \PC Admin \PC Agendas \(011911).doc City of Anaheim Planning Commission Agenda Wednesday, January 19, 2011 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California Chairman: Stephen Faessel Chairman Pro Tempore: Peter Agarwal Commissioners: Todd Ament, Joseph Karaki, Harry Persaud Victoria Ramirez, John Seymour 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. A copy of the staff report may be obtained at the City of Anaheim Planning Department, 200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff report is also available on the City of Anaheim website www.anaheim.net/planning on Thursday, January 13, 2011, after 5:00 p.m. Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection in the Planning Department located at City Hall, 200 S. Anaheim Boulevard, Anaheim, California, during regular business hours. You may leave a message for the Planning Commission using the following e -mail address: planningcommission Aanaheim.net Minutes ITEM NO. 1A Anaheim Planning Commission Agenda 5:00 P.M. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City 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. Receiving and approving the Minutes from the Planning Commission Meeting of October 25, 2010. These minutes have been provided to the Planning Commission and are available for review at the Planning Department. Motion 01/19/11 Page 2 of 8 Public Hearina Items ITEM NO. 2 VARIANCE NO. 2010 -04837 Resolution No. _ (DEV2010- 00171) Owner: Thai Trieu 436 S. Westridge Circle Anaheim, CA 92807 Location: 436 South Westridge Circle The applicant proposes to permit the expansion of an Project Planner: existing single - family residence with a side yard setback scottKoehm less than required by code. skoehm(olanaheim.net 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). ITEM NO. 3 CONDITIONAL USE PERMIT NO. 319A Resolution No. _ (DEV2010- 00147) Owner: Massoud Malek Smailey 1323 Carob Circle Fountain Valley, CA 92708 Applicant: Jesus Perez 8239 2nd Street Downey, CA 90241 Location: 950 North Anaheim Boulevard The applicant proposes to permit the expansion of an Project Planner: existing tire repair facility. scottKoehm skoehm(ol anaheim. net 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). 01/19/11 Page 3 of 8 ITEM NO. 4 CONDITIONAL USE PERMIT NO. 2010 -05534 PUBLIC CONVENIENCE OR NECESSITY NO. 2010 -00073 (DEV2010- 00173) Owner: Theorodorus M. Daskalakis P.O. Box 3880 Anaheim, CA 92803 Applicant: Sheri Olson PLSC 1030 North Mountain Avenue Ontario, CA 91764 Location: 2796 West Ball Road The applicant proposes to establish a convenience market (7- Eleven) with the sale of beer and wine for off -site consumption. 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). Resolution No. Resolution No. Project Planner: Vanessa Norwood morwood(ol anaheim. net 01/19/11 Page 4 of 8 ITEM NO. 5 CONDITIONAL USE PERMIT NO. 2010 -05537 VARIANCE NO. 2011 -04843 PUBLIC CONVENIENCE OR NECESSITY NO. 2010 -00074 (DEV2010- 00177) Owner: Paul Roper D & P, LLC 987 Enterprise St. Orange, CA 92867 Applicant: Juan Reynoso Reymart, Inc 2107 N. Broadway, Suite 106 Santa Ana, CA 92706 Agent: Mike Ayaz Rick Blake, Attorney at Law 2107 N. Broadway, Suite 106 Santa Ana, CA 92706 Location: 1168 South State College Boulevard The applicant proposes to establish a nightclub in an existing commercial building, to include a Type 48 (Public Premise) ABC license, sale and consumption of alcoholic beverages, public dancing, cover charge, and live entertainment with less parking 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 (Existing Facilities). Resolution No. Resolution No. Project Planner: David See dsee(alanaheim.net Adjourn to Monday, January 31, 2011 at 5:00 p.m. 01/19/11 Page 5 of 8 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 4:30 p.m. (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: January 12, 2011 If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION ACTION Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits, Variances, 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 CITY PLANNING COMMISSION 01/19/11 Page 6 of 8 The City of Anaheim wishes to make all of its public meetings and hearings accessible to all members of the public. The City prohibits discrimination on the basis of race, color, or national origin in any program or activity receiving Federal financial assistance. If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such modification, accommodation, aid or service by contacting the Planning Department either in person at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at (714) 765 -5139, no later than 10:00 a.m. one business day preceding the scheduled meeting. La ciudad de Anaheim desea hacer todas sus reuniones y audiencias publicas accesibles a todos los miembros del publico. La Ciudad prohibe la discriminacion por motivos de raza color u origen nacional en cualquier programa o actividad que reciba asistencia financiera federal. Si se solicita, la agenda y los materiales de copia estaran disponible en formatos alternativos apropiados a las personas con una discapacidad, segun lo requiere la Seccion 202 del Acta de Americanos con Discapacidades de 1990 (42 U.S.C. Sec. 12132), las normas federales y reglamentos adoptados en aplicacion del mismo. Cualquier persona que requiera una modificacion relativa a la discapacidad, incluyendo medios auxiliares o servicios, con el fin de participar en la reunion publica podra solicitar dicha modificacion, ayuda o servicio poniendose en contacto con la Oficina de Secretaria de la Ciudad ya sea en persona en el 200 S Anaheim Boulevard, Anaheim, California, o por telefono al (714) 765 -5139, antes de las 10:00 de la manana un dia habil antes de la reunion programada. 01/19/11 Page 7 of 8 January 31 February 14 February 28 March 14 March 28 April 11 April 25 May 9 May 23 June 6 June 20 July 6 (Wed) July 18 August 1 August 15 August 29 September 12 September 26 October 10 October 24 November 7 November 21 December 5 December 19 SCHEDULE 2011 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www,anaheim.net City of Anaheim PLANNING DEPARTMENT DATE: JANUARY 19, 2011 FROM: PLANNING SERVICES MANAGER SCOTT KOEHM, PROJECT PLANNER SUBJECT: VARIANCE NO. 2010-04837 LOCATION: 436 South Westridge Circle APPLICANT/PROPERTY OWNER: The applicant and property owner is Thai Trieu. REQUEST: The applicant proposes to construct a second-story addition with a side yard setback less than required by code. RECOMMENDATION: Staff recommends the Planning Commission adopt the attached resolution, determining that a Class 1 Categorical Exemption is the appropriate environmental documentation for this request and approving Variance No. 2010-04837. PLANNING- COM ITEM NO. 2 SSION REPORT BACKGROUND: This .19 acre property is developed with a two-story, single- family residence located in the RH-3 (SC) (Residential, Single-Family Hillside Scenic Corridor Overlay) zone. The surrounding land uses are also zoned RH-3 (SC) and designated for Low Density Residential land uses in the General Plan. PROPOSAL: The applicant proposes to construct a second-story addition above an existing garage with a setback less than required by Code. The proposed addition consists of an office and balcony area. ANALYSIS: Code requires a minimum first floor setback of six feet and a minimum second floor setback of nine feet within the RH-3 zone. The proposed second floor addition would have a seven foot setback, with approximately 30 square feet of the proposed addition encroaching into the required setback. The addition would not expand the footprint of the home since the second story addition is located directly above the existing single-story garage. The garage has a seven foot setback, which complies with the code required six foot first floor setback. VARIANCE Na 2010-04837 January 19, 2011 Page 2 of 2 Several properties within this tract have similar second story additions. These additions were completed prior to 2004 when the Zoning Code was modified to increase the minimum side yard setback for the second story portion of homes within the RH-3 zone to 9 feet. The proposed addition would be located next to the garage of the adjacent property, separated by an existing mature tree, screening much of the residence. The applicant has submitted a letter of justification indicating that there are several other residences in the tract with similar second story additions. Staff believes that the applicant has demonstrated that the strict application of the Zoning Code deprives the property of privileges enjoyed by other properties under identical zoning classification in the vicinity and would have minimal impacts to the surrounding area CONCLUSION: Staff believes that the request to construct a second-story addition above an existing garage with a setback less than required by Code is justified because any impact to the adjacent properties would be minimal and the proposed setback is consistent with the second story setbacks of other residences in the immediate area. Respectfully submitted, Principal P anner Attachments: 1. Vicinity and Aerial Maps 2. Draft Resolution 3. Letter of Justification r Concu ed by, rvices Manager The following attachments were provided to the Planning Commission and are available for public review at the Planning Services Division at City Hall or on the City of Anaheim's web site at yv •■7, 1, netipiluln 4. Site, Elevation and Floor Plans 5. Photographs ATTACHMENT NO. 1 1 U 0 Q RH -3 (SC) SFR 0 50 100 0 Feet ES RH -3 (SC) SFR IDLE R RH -3 (SC) SFR S ES RANcH Ro E CI RCLE RH- 3,(SC) SFR S WES 0 RH -3 (SC) SFR RIDGE SIR RH -3 (SC) SFR R H -3 (SC) SFR RH- 3,(SC) SFR E WESTRIDGE RD RH- 3 (SC) SFR RH- 3,(SC) SFR ALL PROPERTIES ARE IN THE SCENIC CORRIDOR (SC) OVERLAY ZONE. RH -3 (SC) SFR RH -3 (SC) SFR RH- 3.(SC) SFR R \3 (SC) SFR RH- 3,(SC) SFR RH -3, (SC) SFR RH -3 (SC)- SFR Subject Property DEV2010 -00171 436 South Westridge Circle APN: 363- 102 -26 SANTA ANA CANYON RD ‘‘,0_ c; C 11056 0 50 100 ALL PROPERTIES ARE IN THE SCENIC CORRIDOR (SC) OVERLAY ZONE. Aerial Photo: May 2010 Subject Property DEV2O1O -00171 436 South Westridge Circle APN: 363- 102 -26 11056 [DRAFT] ATTACHMENT NO. 2 RESOLUTION NO. PC2011 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DETERMINATION AND APPROVING VARIANCE NO. 2010 -04837 (DEV2010- 00171) (436 SOUTH WESTRIDGE CIRCLE) WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as "Planning Commission did receive a verified Petition for Variance for certain real property situated in the City of Anaheim, County of Orange, State of California shown on Exhibit "A attached hereto and incorporated herein by this reference; and WHEREAS, the petitioner requests a variance to construct a second story addition with a setback less than required by code in the Residential, Single Family Hillside Scenic Corridor Overlay (RH -3, SC) zone and the Anaheim General Plan designates this property for Low Density Residential land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 19, 2011, at 5:00 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 variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Planning 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 requests to construct a second story addition with a setback less than required by code under the following Code provision: SECTION NO. 18.04.100.010.0101 Minimum Setback (9 feet required; 7 feet proposed) WHEREAS, the Planning Commission does find and determine that the request for the variance from code requirements pertaining to the minimum side yard setback should be granted for the following reasons: 1. The proposed second story addition is above an existing garage and any impact to the adjacent properties is minimal and the proposed setback is consistent with the second story setbacks of other residences in the immediate vicinity. 2. Strict application of the Code would deprive the property of privileges enjoyed by other residences under identical zoning in the immediate vicinity. 1 PC2011 WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing Uses) 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 Planning Commission does hereby approve Variance No. 2010 -04837 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 subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 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 this Variance 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) and 18.60.200 (City Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED 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 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. 2 PC2011 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 19, 2011. ATTEST: CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION 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 that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on January 19, 2011, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 19 day of January, 2011. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 3 PC2011 EXHIBIT "A" DEV2010- 00171 APN: 363-102-26 a o so 100 Feet C LJ 9 1 E wESTRIbGE RD 7p cc� r 70 S W ESTR1bt3E C1R 11 E NOHL RANC RD Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +1- two to five feet. 11056 -4 PC2011- %k%k%k NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL 1 The subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 3 (Site, Floor, and Elevation Plans) as conditioned herein. Planning Division EXHIBIT `B" VARIANCE NO. 2010-04837 (DEV2010- 00171) 5 PC2011 Justification For Variance ATTACHMENT NO. 3 We are requesting to enclose our existing second level balcony. The existing structure is set back 7 feet from the west side property line which met code at the time that the house was built. We are requesting to continue the existing structural lineage which was previously allowed and which still leaves 7 feet of space between our house and our property line to the west. Also, the west view from our balcony is unobstructed by any building. Here are some reasons and support for our proposed project: Our neighborhood and HOA Our tract housing neighborhood strives for consistency in appearance and our HOA has approved our proprosed project. There are at least 6 homes identical to ours that have enclosed their balcony by continuing the original balcony walls. These completed enclosed balconies look great and our proposed project is similar to theirs. A list of their addresses is attached. Engineer Our engineer recommends that, because the existing 1st floor west side wall is set back at 7 feet, building the 2nd floor at a 9 feet set back would look bad and would be unsafe without requiring additional costly support. Architect Our architect recommends enclosing the existing balcony according to the attached drawings for the best aesthetic appeals for our house and for our neighborhood. Thank you. We appreciate your review of this variance justification letter. Also, we intend to match the existing colors of our house for the balcony enclosures. List of same model homes in my community of Westridge that built out over their balcony similar to my proposal. All of these homes are within a 1 mile distance from my house. 1. 473 Westridge Circle 2. 5288 Rural Ridge 3. 550 Silverado Way 4. 5363 Rural Ridge Circle 5. 5358 Rural Ridge Circle 6. 544 Tumbleweed Rd. HOUSE EXTENSION 436 WESTRIDGE CIRCLE ANAHEIM HILLS, CA 92807 OWNER: THAI TRIEU APN 363 102 -26 w J O 0 w 0 1- C�} W w I 20' -0" EXTG. EXISTING CONC. DRIVEWAY [1 LLJ (N) RIDGE EXTG. PERGOLA EXTG. PERGOLA PROPERTY UNE 1% PROPERTY LIE SHADED PORTION DEMOTE EXISTING TO REMAIN r II 11, 11,11 If 1 1,===1 It, r I/ V cr 1 SITE /ROOF PLAN SCALE: 1 =&4r -0 (E) 6LOCKWALL FENCE (E) 6LOCKWALL FENCE ATTACHMENT NO. 4 EXTG. CONC. PAVING 27' —Y DRAWING INDEX by Paragon Design, Inc. 1 SITE PLAN; DRAWING INDEX 2 LOWER FLOOR PLAN 3 UPPER FLOOR PLAN 4 ELEVATION /SECTION 5 ELEVATIONS T1 TITLE 24 T2 TITLE 24 GOVERNING CODES CALIFORNIA BUILDING CODE, CALIFORNIA MECHANICAL CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA ELECTRICAL CODE, T -24 ENERGY STANDARDS, 2007 EDITION 2007 EDITION 2007 EDITION 2007 EDITION 2005 EDITION SCOPE OF WORK NEW OFFICE AND DECK OVER EXISTING GARAGE. by Satlsh Shah Associates Si EXTG. FOUNDATION/ FLOOR FRAMING /ROOF FRAMING SD1 GENERAL NOTES TYP. DETS. SD2 FRAMING DETAILS SD:3 FRAMING DETAILS PROJECT INFORMATION USE OF STRUCTURE CONSTRUCTION TYPE OCCUPANCY TYPE SFR V —N R3 /U C -La F a lra f y ide Ft..•}.• Poi-alto Carryon Park rrr+'r'1 ri' dn.- Dr 1' i i P ount FI ece r: ai N adie pr r Ana hcirri VICINITY MAP �.,.s. I� I ON DATE H LU 0 0 W z 0 V c W c'J r 0 z z q1 C5 0 CD Z o CAI z w 0 W i2 O iCt z_ z Q w DATE ISSUED: DESIGNED BY: D :AWV BY; JOB NUMBER: SHE ET: 1 7.E1c ar7ON PARAG 1 s 19 r -cider L I _DTIT rdal spz ca plan I1] a Fr6erbr deslg 15923 Perris mod.. Em 01 MU r2Lr10 V C} '•:A 3ebb1 Won!. (E51) G :1 -3778 ieI i X1 1 51 8 57 7 :1(7`LI 32:>-3t+?8 fax iiL511601-37 78 F,rnal 7argarleelgr2nsn,ccri IV L 4.4n II.NAL _NI_VL.L.0 IIL AL'F -iIr.cnI1711nrr :]FAi:'.�IT MI X L. I— W Q J DO �3 L{7 W LO LLJ A Z r r 2 I— QQ 03 -12 D PARAGO V JA!CA 28{I92 EXISTING 1ST FLOOR 1575 SQ_ FT_ ADD 'L. 1ST FLOOR 0 SG?. FT, TOTAL 1ST FLOOR 1575 SQ FT EXTG 2ND FLOOR 1290 SO. FT. ADD L. 2ND FLOOR 213 SO_ FT_ TOTAL 2ND FLOOR 1503 5Q. FT TOTAL UNABLE SPACE 3078 SQ. FT- E) REMAINING DECK 95 SQ. FT E) GARAGE SQ_ FT_ 414 50- ET (E) 2440 CSMT E 8x14 BEAM (E) GARAGE (E) 2440 CSMT LINE OF FLOOR ABOVE LOWER FLOOR PLAN L LI =L 11 11 L r1 L L1 L L L L L1 L =H LL =I± rl L L L L L •L LIB L (E) 2049 SSW (E) 3739 FX (E) 2049 CSMT GIVING NO WORK DONE INSIDE EXTG. HOUSE L O (E) CONC WALK CC wC SCALE: 114" 1' -0" (E) PR 2608 (E) 11135 CSMT (E) 3735 FX (E) 11135 CSM L 7 f -E- KETCHEN (Ed DINING 7 DL. Ho I 7 LI IL L 1= =14 N L (E4040 �FX rt HL LL LI L 0 2����I fiL tL M I I (E) 26.B THIS PLAN IS FOR REFERENCE ONLY NO WORK DONE ON THIS LEVEL GENERAL NOTES VERIFY ALL EXISTING DIMENSIONS ON SITE. PARAGON DESIGN DRAFTING, INC RECORDS A LL EXISTING STRUCTURES A ND PARTS THEREOF TO IT'S BEST ABILITY. HOWEVER, IT DOES NOT HOLD RESPONSIBILITY .AND LIABILITY FOR ANY AND ALL EXISTING CONDITIONS, EXPOSED DR CONCEALED. 2. THE GENERAL CONTRACTOR SHALL VERIFY ALL CONDITIONS AND DIMENSIONS PRIOR TO COMMENCING ANY WORK AND REPORT ANY ERROR, INCONSISTENCY OR OMMISSION DISCOVERED TO THE DESIGNER AND ENGINEER THE CONTRACTOR SHALL BE RESPONSIBLE FOR ALL WORK AND MATERIALS INCLUDING THOSE FURNISHED BY THE SUBCONTRACTORS THE GENERAL CONTRACTOR WILL BE REQUIRED TO ASSUME SOLE LIABILITY FOR THAT AREA OF CONSTRUCTION IN WHICH HE KNOWINGLY DISCOVERS ANY ERROR, OMISSION, OR INCONSISTENCY IN THE PLANS. YET HE PROCEEDS WITH CONSTRUCTION DE SAIN AREA WITHOUT IMMEDIATELY NOTIFYING THE DESIGNER, ENGINEER AND OWNER ABOUT SAID ERROR, OMISSIION, OR INCONSISTENCY, THE DESIGNER WILL REVIEW THE MEANS OF CORRECTING ERRORS, THE GENERAL CONTRACTOR SHALL BE RESPONSIBLE FOR THE REMOVAL AND REPLACEMENT OF ALL DAMAGED STRUCTURAL MEMBERS DISCOVERED DURING CONSTRUCTION THE CONTRACTOR SHALL BE RESPONSIIBLE FOR ALL ASBESTOS ABATEMENT IF ENCOUNTERED DURING THE COURSE OF DEMOLITION OR CONSTRUCTION OF THE PROJECT. D. THE SCOPE OF SERVICES UNDER THIS CONTRACT IS LIMITED ONLY TO THE AREA OF NEW ADDITION OR REMODEL, ALL OTHER INFORMATION SHOWN IN THIS PLAN SET OS FOR ILLUSTRATION ONLY THE CONTRACTOR SHALL VERIFY THEIR ACCURACY, ALL DIMENSIONS ARE TO THE FACE OF STUD, UNLESS NOTED OTHERWISE_ SQUARE FOOTAGE TABLE: NOTE; SQUARE FOOTAGE MAY VARY DUE TO METHOD OF CALCULATION NO. w 0 U U W O W Z O REVISIONS D/ E DESCPF'TION PAPAGOIV ri slde�tlal cm space pia'n1n7; Irne -lor deign 59`2 Perris Rlvv., Ste 191 Mry Valley, CA 92551 rho •e (951) 601 -3r r8 CN ;951? :3.18 325 43L fax (951) 601 778 C-i paragordes101241ur6com I'ITFA. \A An :5:yATF NFMFFF 'l= H. A VEPJCA\ I \°3 RLrE OF AR.:Hr_C 7/ 0 O cies (1) co 2 T Di\TE ISSUED: DESIGNED 3Y: DRAWN BY: cc W W z W 0, 0 0 JCI3 NUMBER SHEET: CA/ 0- 2 '\N 5' -74x No. 551 1 2 Lx p. OF 33 2-10 PAALCN JA/CA al082 7- 7/ ■ICI EXTG_ UTILITIES O REMAI N E ca EXTG_ UTILITIES TO REMAIN G o I 0 5.D VER. W MFR, VOLT ES' D_ E XTG UTI L ITI E TO REMAIN 0 S. EXTG. UTILITIES TO REMAIN CD S_D EXTG. UTILITIES TO REMAIN 5 D BEDROOM BRANCH CIRCLJIITS WILL BE ARC FAULT CIRCUIT PROTECTED NEC ART. 210- 12(b). VERIFY ON SITE PRESENCE OF SMOKE DETECTORS IN EXISTING BEDROOMS AND HALLWAYS PH UTILITIES LEGEND PH EXTG UTILITIES TO REMAIN CHIME -0 P O S_D O RECESS BOX EX. FAN 1/2 HOT G F.I 220v WP CFI L� W T' T T RECESSED WATER BOX LOCATION EXHAUST FAN CABLE TV LOCATION TELEPHONE DOOR BELL CHIME DOOR BELL/ MUTTON GARAGE DOOR OPENER BUTTON HARD -WIRED SMOKE DETECTOR W/ BATTERY BACK -UP INTERCONNECTION DETECTOR SHALL SOUND AN ALARM AUDIBLE IN ALL SLEEPING AREAS ELECTRICAL JUNCTION BOX DUPLEX OUTLET HALF HOT DUPLEX OUTLET DUPLEX OUTLET GROUND FAULT NTERRUPTER DUPLEX OUTLET 220 VOLTS DUPLEX OUTLET WATERPROOF GROUND FAULT INTERRUPTER LIGHT FIXTURE UNDER CABINET FLU ORSCENT LIGHT LIGHT FIXTURE 1x4` FLUORESCENT SURFACE MOUNT LIGHT A' (2) BULB FLUORESCENT MULTIPLE LIGHT FIXTURE WALL MOUNTED UPPER POWER LIGHTING LAYOUT SCALE: 1/4 =1' -O' 0 VP EL K KEY F _G_ H B C.W. HW H B_ 5.0.V C EILING FAN ELECT SWITCH ELECT SWITCH TH REE WAY ELECT SWITCH FOUR WAY ELECT SWITCH DIMMER ELECT SWITCH OCCUPANCY SENSDR LIGHT FIXTURE CEILING MOUNTED LIGHT FIXTURE WALL MOUNTED EXHAUST FAN 8c LIGHT COMBO RECESSED DOWN LIGHT RECESSED DOWNLIGHT VAPOR PROOF RECESSED DONALIGHT FLUORESCENT LIGHT FIXTURE DIRECTIONAL RECESSED DOWNLIGHT GAS VALVE KEY EUEL GA5 WATER HOSE B COLD WATER STUB OUT HOT WATER STUB OUT HOSE BIB WITH SHUT OFF VALVE DEDICATED POWER SINGLE PHASE FUSE/ABLE DISCONNECT FOR A/C CONNECTION FINAL HOOK UP BY MECH SUBCONTRACTOR (E) M. BATH GE ZONELME PACKAGED AIR CONDITIONER 5' -6 (E) BDRM. 2 (N) 5040 EL REPAIR DECK FLEX FINISH AT DE RE4'D _B).., REMOVE (E) LOW WALLS ON 3 51 DES (E) 5040 SL 0 Csl w VAULTED CLG, BATH 2 (E) M. BDRM. (E) 1468 CSM (E) DECK VAULTED CLG (E) F.D. TO EE PATCHED OFF (N) OFFICE VAULTED CLG- 20 -9 (E) 5040 SL (E) BDRM. 3 00 (E) 2468 (N) COLUMN (E) 1468 CSMT MI 1 5'- 6 UPPER FLOOR PLAN (E) 4x6 REDUCED 00 00 0 0 Go Z (0 OPEN TO BELOW SCALE: 1/4" 1' -0" GENERAL NOTES VERIFY ALL EXISTING DIMENSIONS ON SITE. PARAGON DESIGN DRAFTING, INC RECORDS ALL EXISTING STRUCTURES AND PARTS THEREOF TO IT'S RENT ABILITY. HOWEVER, IT DOES NOT HOLD RESPONSIBILITY .AND LIABILITY FOR ANY AND ALL EXISTING CONDITIONS, EXPOSED DR CONCEALED. 2. THE GENERAL CONTRACTOR SHALL VERIFY ALL CONDITIONS AND DIMENSIONS PRIOR TO COMMENCING ANY WORK AND REPORT ANY ERROR, INCONSISTENCY OR OM MISSION DISCOVERED TO THE DESIGNER AND ENGINEER THE CONTRACTOR SHALL BE RESPONSIBLE FOR ALL WORK AND MATERIALS INCLUDING THOSE FURNISHED BY THE SUBCONTRACTORS THE GENERAL CONTRACTOR WILL PE REQUIRED TO ASSUME SOLE LIABILITY FOR THAT AREA OF CONSTRUCTION IN WHICH HE KNOWINGLY DISCOVERS ANY ERROR, OMISSION, OR INCONSISTENCY A THE PLANS. YET HE PROCEEDS WITH CONSTRUCTION DE DAN AREA WITHOUT IMMEDIATELY NOTIFYING THE DESIGNER, ENGINEER AND OWNER ABOUT SAD ERROR, OMISSIION, OR INCONSISTENCY, THE DESIGNER WILL REVIEW THE MEANS OF CORRECTING ERRORS, THE GENERAL CONTRACTOR SHALL BE RESPONSIBLE FOR THE REMOVAL AND REPLACEMENT OF ALL DAMAGED STRUCTURAL MEMBERS DISCOVERED DURING CONSTRUCTION THE CONTRACTOR SHALL BE RESPONSIIBLE FOP ALL ASBESTOS ABATEMENT IF ENCOUNTERED DURING THE COURSE OF DEMOLITION OR CONSTRUCTION OF THE PROJECC. D. THE SCOPE OF SERVICES UNDER THIS CONTRACT IS LIMITED ONLY TO THE AREA OF NEW ADDITION OR REMODEL, ALL OTHER INFORMATION SHOWN IN THIS PLAN SET OS FOR ILLUSTRATION ONLY THE CONTRACTOR SHALL VERIFY THEIR ACCURACY, ALL DIMENSIONS ARE TO THE FACE OF STUD, UNLESS NOTED OTHERWISE_ FIRE PROTECTION REQUIREMENTS 1 VERIFY THAT A SMOKE DETECTOR IS PROVIDED A EACH SLEEPING ROOM AND A EACH CORRIDOR OR AREA GIVING ACCESS TO EACH SLEEPING AREA. 010.9.4 39 2 SMOKE DETECTORS SHALL SOUND AN AUDIBLE ALARM A ALL SLEEPING AREAS OF THE DWELLING UNIT A WHICH THEY ARE LOCATED 3, ALL SMOKE DETECTORS SHOWN (UNLESS OTHERWISE NOTED) SHALL BE HARD -WIRED WITH 1 -H R, BATTERY BACK -UR INTERCONNECTION DETECTOR. 4. SMOKE DETECTORS SHALL BE INTERCONNECTED SUCH THAT THE ACTIVATION OF ONE ALARM WILL ACTIVATE ALL ALARMS REVISIONS D/ E NO. I f P AG O IV Cie i r1, Ir slde�tlal cm .Dace pia'nlrx Irne'br deign 59`2 Perris RIv Ste 191 mnrenn Valley, CA 92551 �I7o e (951)601 i r8 CN ;951? :3.18 325 4_1Lri13 fax (951)601-3778 c-riA paragorde3101241ur6com IVTFP. \A 0.44:5:yATF I FNFFP 'l VEPJCA\ I \°3 RLr E OF AR.:Hr_:c Z W z O U W Z O Go z J) a� -5" CA�� T cc w W z w r z J 0, z 0 DATE ISSUED: DESIGNED 3Y: DRAWN BY: ,3(.13 NUMBER SHEET: N®. 551 1 2 Exp. OFDE N- W O J CO U (V 0 W J I— UD LLJ W Q Ce)Q 3 DESCPF'TION co z 0 3- 01 Go 33 2-10 PAALCN JA/CA 2P082 (N) 5x10 BEAM PER STRUCT G,I FLASHING ON CONST. PLY SEAL ALL JOINTS ME tiriE var r i I I (N) 2x4 PRANGED COL. W/ 'HARDIPANEL' FACING (N) 5'x1 RE SAWN BEAM (E) LOW WALL TO EE REMOVED (N) WOOD TRIM HGT. AS REVD. Flw ij ULE T &c R LAN KINIG DPI EDGE FASCIA BOARD NOTE'. DOR @IMEN SONS OF ALL CDR- -VENT PIEP D AAS C@UCTS AANG -EV1 4, 2 COO2 -A -VENT S- 400 VVADORD 9 LOC KS AND OPEN RAFTERS W N DEIR LAYO,gE N COR A VENT R5 °MCC SDEFITI VEIN FRIEZE ®LOCK ETI HC SHEATHING STILTS WALL SHEATHING SNINDLES GCR =,50F5 WALL POOFINC TI L€ F €LV PAPER na•e ar �yng m �r cP C/2C/200 3$ FENR- A -V AATh IN[. COIR-A -N ENT R5 4 DO SOFFgF VENT ROOF SFOEATOHI NC OR SONG DRIB' EDGE FASCIA ROAPD RD. 9P& 42 A INC A, 1EN46 -0428 800 637-32GE F- AA -dDa cneu 0, SELLS EON=A -V€NT R4 -440 WHNIDE RLN AND OP., RAPTE,S AC @ST A F €PE BNAWINN C ®r:=5o rs GO F F 7.0.0 F F (E) WOOD TRIM R19 FLOOR INSULATION COP-A.-VENT H0.1 COP-A.-VENT V °600 1" RIDGE VENT w /WOOE RI @CE ®EAM AND NOTCHED RATTEPS PO®GB CAP SHIN0LES sH EATHONG FELT PAPER WIDE RIDGE REAM FIOe3 OOR -A -VENT V -600 (1 /2P0) BODGE VENT NNDOFIED BOSTON STYLE RIDGE NOTE: FOR DIMENSIONS OF ALL CDR A VENT PPODOCTS PLEASE REFER TO DRAWONGS OCR -E'41 .34 2 3HEATNIN FELT RAPER V-600 Q /7PC) SHINGLES FIG.2 COR- A-VENT V-P00 (11 /2PC) RWCE VENT W /WIDE RIDGE BEAU AND FLUSH RAFTERS SHUN LE 0 WIDE RIDDE E Av P 2X EL0CINING SHEATHNS SHINGLES SHEATMIN2 FELT PAPER V 600 (1/2 PC) V -300 (1/2 Rc) METAL EDGE ay d� pl�c o ,ed DAr ,or tNe proo o, peoFfsoo coo -R-00M LYOdnct9 No AA rr;SAon Is 91ven is dub IDate [31_, Rose ...nth o� me expre ss written perm �ssio Cpr- A -VBnT I FIC. 20 04 COD °A °VENTI, INC. WIDE RIDGE E PEAM AAA CU /01/04 WOOPE RI DOE CAP D_ SELLS ARC wITECT REF ❑RAWVONO COR -VA RY V -E0® (1 /2 PC) FLASHING CDR -A -VENN. INC PLO_ BOX 4DE AANHAVVAKA IN 4654N -04263 RDD- S3A/ -SN NON AN'rWN SR ALTERNATE IMATALLAPICJN V -40GE OIR. X -5 PRODUCTS MAY' EE DUWD IDLIPED r R P71-1E V-6011 PCP ADDED PRODDCTIDN AGAINST SHOW IN F I LT RATOON CDR °A °VENT V -WU WINE PONE ®RADA AAPRLI DRAWING N.13ER R13 WALL INSULATION /4" PER SLO (N) 5x5 RAFTERS 32" 0/, PER STRUC7. 1/2" DRY WALL WALL CLG T FINISH POST WALE 224 STUDS (N) BEAM W 10" O_C, PER STRUCTURAL R3D RIGID CLG INSULATION O SECTION A o (N) FLOORING ON (N) 2x RIPPED TO LEVEL OFF FLOOR F, 0 T.O.P. F.F 8" /PE F ./10 0 :R 21 STS/ H sLL EAST /AN[7i�El N 'HARDIPANEL' TO MATC H (E) PANEL 'FYPDN' 828 MOLDING 'FYPDN' 812 MOLDING (N) FASCIA TO MATCH (E) 'FYPDN' 1207 MOLDING 'GE BCNELJNE 2000' PACKAGED AIR CONDITION ER 1N/ ARCHITECTURAL GRILLE ZZr CUT OUTLOOKER TO HOUSE (N) BEAM z �j z i i Z M. BERM_ j 3. j j jj j j% T R. CON 5c PE( B_M.07 0 LE,[� 6 C WA LLS /ACENTT/L /O,`P 0 ALL WAL A j /PDPW NC THE O H0R ZNTA R IN OEPIE NE HOL/0 i N CY S EOX� j j )'x14 BEAM i i i z z zzZ i ((E //z 0- i i i i STRUTS ARE OPTIONAL NON STRUCTURAL (N) 6x14 RE -SAWN BEAM ®_l 5x5 POST sTR LTD i rare ®I RE -SAWN BEAM PER STRUCT r. IMMIMMM MMIMMAM r. w wrimmimimm T0P F SCALE: 1 /4" 1' -0" 4.P 00j II% wm ®u I d /e' „z- j i li I z z zz SOUTH (FRONT) ELEVATION 2x4 'HARDITRIM' 12 5 SCALE: 1/4" 1' -O" GENERAL NOTES VERIFY ALL EXISTING DIMENSIONS ON SITE PARAGON DESIGN Cc DRAFTING, INC, RECORDS ALL EXISTING STRUCTURES AND PARTS THEREOF TO IT'S BEST ABILITY_ HOWEVER, IT DOES NOT HOLD RESPONSIBILITY AND LIABILITY FOR ANY AND ALL EXISTING CONDITIONS, EXPOSED OR CONCEALED 2 THE GENERAL CONTRACTOR SHALL VERIFY ALL CONDITIONS AND DIMENSIONS PRIOR TO COMMENCING ANY WORK AND REPORT ANY ERROR, INCONSISTENCY OR OMISSION DISCOVERED TO THE DESIGNER AND ENGINEER THE CONTRACTOR SHALL BE RESPONSIBLE FOR ALL WORK AND MATERIALS INCLUDING THOSE FURNISHED BY THE SUBCONTRACTORS_ 3. THE GENERAL CONTRACTOR WILL BE REQUIRED TO ASSUME SOLE LIABILITY FOR THAT AREA OF CONSTRUCTION IN WHICH HE KNOWINGLY DISCOVERS ANY ERROR, OMISSION, OR INCONSISTENCY IN THE PLANS YET HE PROCEEDS WITH CONSTRUCTION OF SAIN AREA WITHOUT IMMEDIATELY NOTIFYING THE DESIGNER, ENGINEER AND OWNER ABOUT SAID ERROR, OMISSION, OR INCONSISTENCY, THE DESIGNER WILL REVIEW THE MEANS OF CORRECTING ERRORS. 4. THE GENERAL CONTRACTOR SHALL BE RESPONSIBLE FOR THE REMOVAL AND REPLACEMENT OF ALL DAMAGED STRUCTURAL MEMEERS DISCOVERED DURING CONSTRUCTION_ 5. THE CONTRACTOR SHALL BE RESPONSIIELE FOR ALL ASBESTOS ABATEMENT IF ENCOUNTERED DURING THE COURSE OF DEMOLITION OR CONSTRUCTION OF THE PROJECT 5. THE SCOPE OF SERVICES UNDER THIS CONTRACT IS LIMITED ONLY TO THE AREA OF NEW ADDITION OR REMODEL_ ALL OTHER INFORMATION SHOWN IN THIS PLAN SET OS FOR ILLUSTRATION ONLY. THE CONTRACTOR SHALL 0E01F4 THEIR ACCURACY ELEVATION NOTES CONFIRM ALL FIXTURES, APPLIANCES, FINISHES, WINDOWS DOORS WITH THE OWNERS FOR THEIR APPROVAL BEFORE INSTALLATION 2. NEW ROOF RAFTERS TO MATCH EXISTING SLOPES VERIFY ON SITE PRIOR TO ANY WORK_ 3 PLATE HEIGHTS SHALL MATCH EXISTING UNLESS OTHERWISE NOTED VERIFY ON SITE PRIOR TO ANY WORK PROCEEDING 4. FILL IN, PATCH AND MAKE GOOD ALL JUNCTION BETWEEN EXISTING STRUCTURE AND NEW PROVIDE 2 LAYERS OF GRADE D PAPER UNDER STUCCO APPLIED OVER WOOD SHEATHING (SHEAR WALLS), SECT 250E4 UDC ELEVATION SYMBOLS /z//./z/ z_/ SHADED PORTION DENOTE EXISTING TO REMAIN (N) TEMP. GL (N) TEMP GL ■r• IMIMIMM u r—■ -fir. r_ t. ®t_ ®t__ ®t__— t___ ®t__ ®t_® t_ tttttt BM ■—t• l--■■— IAMMEIM ■r3. r.®_®_r__________— r.__ —r. MINMEMiiiMS wmal T_0_P_ F.F. REVISIONS DA E NO, W 0 U 0 W W Z O os Cos SAL SHEET: I f c: N slde�tlal cm—ref .Dace pia "nIng A Irne'br deign 59`2 Perris Rlvv., fire 191 MD'enn Valley, CA 92551 ho c (951)601 r8 CCU 951 ?:3.18 (7` 4 3 5 L:513 fey (951)601-3778 c -i paragorde3101241ur.com OATH? \AYNA .14.4 TF W'FNFFP 'l =11= A VIERI A\ I\ 1fLrE OF AR.:Hr_:" co ces 00 z O Di\TE ISSUED: DESIGNED 3Y: DRAWN BY: ,103 NUMBER DESCPF'TION No. 50/ 1 2 Exp. 0 O C AS0 04 1— O W W LLJ c1) N— W CD J CO U (V U W CfJ. J W w CO CO Z Q 4 JA/CA Z1U82 33 -'2 -10 PA EALCN nom In (N) 5x10 BEAM PER STRUCT G,I FLASHING ON CONST. PLY SEAL ALL JOINTS ME tiriE var r i I I (N) 2x4 PRANGED COL. W/ 'HARDIPANEL' FACING (N) 5'x1 RE SAWN BEAM (E) LOW WALL TO EE REMOVED (N) WOOD TRIM HGT. AS REVD. Flw ij ULE T &c R LAN KINIG DPI EDGE FASCIA BOARD NOTE'. DOR @IMEN SONS OF ALL CDR- -VENT PIEP D AAS C@UCTS AANG -EV1 4, 2 COO2 -A -VENT S- 400 VVADORD 9 LOC KS AND OPEN RAFTERS W N DEIR LAYO,gE N COR A VENT R5 °MCC SDEFITI VEIN FRIEZE ®LOCK ETI HC SHEATHING STILTS WALL SHEATHING SNINDLES GCR =,50F5 WALL POOFINC TI L€ F €LV PAPER na•e ar �yng m �r cP C/2C/200 3$ FENR- A -V AATh IN[. COIR-A -N ENT R5 4 DO SOFFgF VENT ROOF SFOEATOHI NC OR SONG DRIB' EDGE FASCIA ROAPD RD. 9P& 42 A INC A, 1EN46 -0428 800 637-32GE F- AA -dDa cneu 0, SELLS EON=A -V€NT R4 -440 WHNIDE RLN AND OP., RAPTE,S AC @ST A F €PE BNAWINN C ®r:=5o rs GO F F 7.0.0 F F (E) WOOD TRIM R19 FLOOR INSULATION COP-A.-VENT H0.1 COP-A.-VENT V °600 1" RIDGE VENT w /WOOE RI @CE ®EAM AND NOTCHED RATTEPS PO®GB CAP SHIN0LES sH EATHONG FELT PAPER WIDE RIDGE REAM FIOe3 OOR -A -VENT V -600 (1 /2P0) BODGE VENT NNDOFIED BOSTON STYLE RIDGE NOTE: FOR DIMENSIONS OF ALL CDR A VENT PPODOCTS PLEASE REFER TO DRAWONGS OCR -E'41 .34 2 3HEATNIN FELT RAPER V-600 Q /7PC) SHINGLES FIG.2 COR- A-VENT V-P00 (11 /2PC) RWCE VENT W /WIDE RIDGE BEAU AND FLUSH RAFTERS SHUN LE 0 WIDE RIDDE E Av P 2X EL0CINING SHEATHNS SHINGLES SHEATMIN2 FELT PAPER V 600 (1/2 PC) V -300 (1/2 Rc) METAL EDGE ay d� pl�c o ,ed DAr ,or tNe proo o, peoFfsoo coo -R-00M LYOdnct9 No AA rr;SAon Is 91ven is dub IDate [31_, Rose ...nth o� me expre ss written perm �ssio Cpr- A -VBnT I FIC. 20 04 COD °A °VENTI, INC. WIDE RIDGE E PEAM AAA CU /01/04 WOOPE RI DOE CAP D_ SELLS ARC wITECT REF ❑RAWVONO COR -VA RY V -E0® (1 /2 PC) FLASHING CDR -A -VENN. INC PLO_ BOX 4DE AANHAVVAKA IN 4654N -04263 RDD- S3A/ -SN NON AN'rWN SR ALTERNATE IMATALLAPICJN V -40GE OIR. X -5 PRODUCTS MAY' EE DUWD IDLIPED r R P71-1E V-6011 PCP ADDED PRODDCTIDN AGAINST SHOW IN F I LT RATOON CDR °A °VENT V -WU WINE PONE ®RADA AAPRLI DRAWING N.13ER R13 WALL INSULATION /4" PER SLO (N) 5x5 RAFTERS 32" 0/, PER STRUC7. 1/2" DRY WALL WALL CLG T FINISH POST WALE 224 STUDS (N) BEAM W 10" O_C, PER STRUCTURAL R3D RIGID CLG INSULATION O SECTION A o (N) FLOORING ON (N) 2x RIPPED TO LEVEL OFF FLOOR F, 0 T.O.P. F.F 8" /PE F ./10 0 :R 21 STS/ H sLL EAST /AN[7i�El N 'HARDIPANEL' TO MATC H (E) PANEL 'FYPDN' 828 MOLDING 'FYPDN' 812 MOLDING (N) FASCIA TO MATCH (E) 'FYPDN' 1207 MOLDING 'GE BCNELJNE 2000' PACKAGED AIR CONDITION ER 1N/ ARCHITECTURAL GRILLE ZZr CUT OUTLOOKER TO HOUSE (N) BEAM z �j z i i Z M. BERM_ j 3. j j jj j j% T R. CON 5c PE( B_M.07 0 LE,[� 6 C WA LLS /ACENTT/L /O,`P 0 ALL WAL A j /PDPW NC THE O H0R ZNTA R IN OEPIE NE HOL/0 i N CY S EOX� j j )'x14 BEAM i i i z z zzZ i ((E //z 0- i i i i STRUTS ARE OPTIONAL NON STRUCTURAL (N) 6x14 RE -SAWN BEAM ®_l 5x5 POST sTR LTD i rare ®I RE -SAWN BEAM PER STRUCT r. IMMIMMM MMIMMAM r. w wrimmimimm T0P F SCALE: 1 /4" 1' -0" 4.P 00j II% wm ®u I d /e' „z- j i li I z z zz SOUTH (FRONT) ELEVATION 2x4 'HARDITRIM' 12 5 SCALE: 1/4" 1' -O" GENERAL NOTES VERIFY ALL EXISTING DIMENSIONS ON SITE PARAGON DESIGN Cc DRAFTING, INC, RECORDS ALL EXISTING STRUCTURES AND PARTS THEREOF TO IT'S BEST ABILITY_ HOWEVER, IT DOES NOT HOLD RESPONSIBILITY AND LIABILITY FOR ANY AND ALL EXISTING CONDITIONS, EXPOSED OR CONCEALED 2 THE GENERAL CONTRACTOR SHALL VERIFY ALL CONDITIONS AND DIMENSIONS PRIOR TO COMMENCING ANY WORK AND REPORT ANY ERROR, INCONSISTENCY OR OMISSION DISCOVERED TO THE DESIGNER AND ENGINEER THE CONTRACTOR SHALL BE RESPONSIBLE FOR ALL WORK AND MATERIALS INCLUDING THOSE FURNISHED BY THE SUBCONTRACTORS_ 3. THE GENERAL CONTRACTOR WILL BE REQUIRED TO ASSUME SOLE LIABILITY FOR THAT AREA OF CONSTRUCTION IN WHICH HE KNOWINGLY DISCOVERS ANY ERROR, OMISSION, OR INCONSISTENCY IN THE PLANS YET HE PROCEEDS WITH CONSTRUCTION OF SAIN AREA WITHOUT IMMEDIATELY NOTIFYING THE DESIGNER, ENGINEER AND OWNER ABOUT SAID ERROR, OMISSION, OR INCONSISTENCY, THE DESIGNER WILL REVIEW THE MEANS OF CORRECTING ERRORS. 4. THE GENERAL CONTRACTOR SHALL BE RESPONSIBLE FOR THE REMOVAL AND REPLACEMENT OF ALL DAMAGED STRUCTURAL MEMEERS DISCOVERED DURING CONSTRUCTION_ 5. THE CONTRACTOR SHALL BE RESPONSIIELE FOR ALL ASBESTOS ABATEMENT IF ENCOUNTERED DURING THE COURSE OF DEMOLITION OR CONSTRUCTION OF THE PROJECT 5. THE SCOPE OF SERVICES UNDER THIS CONTRACT IS LIMITED ONLY TO THE AREA OF NEW ADDITION OR REMODEL_ ALL OTHER INFORMATION SHOWN IN THIS PLAN SET OS FOR ILLUSTRATION ONLY. THE CONTRACTOR SHALL 0E01F4 THEIR ACCURACY ELEVATION NOTES CONFIRM ALL FIXTURES, APPLIANCES, FINISHES, WINDOWS DOORS WITH THE OWNERS FOR THEIR APPROVAL BEFORE INSTALLATION 2. NEW ROOF RAFTERS TO MATCH EXISTING SLOPES VERIFY ON SITE PRIOR TO ANY WORK_ 3 PLATE HEIGHTS SHALL MATCH EXISTING UNLESS OTHERWISE NOTED VERIFY ON SITE PRIOR TO ANY WORK PROCEEDING 4. FILL IN, PATCH AND MAKE GOOD ALL JUNCTION BETWEEN EXISTING STRUCTURE AND NEW PROVIDE 2 LAYERS OF GRADE D PAPER UNDER STUCCO APPLIED OVER WOOD SHEATHING (SHEAR WALLS), SECT 250E4 UDC ELEVATION SYMBOLS /z//./z/ z_/ SHADED PORTION DENOTE EXISTING TO REMAIN (N) TEMP. GL (N) TEMP GL ■r• IMIMIMM u r—■ -fir. r_ t. ®t_ ®t__ ®t__— t___ ®t__ ®t_® t_ tttttt BM ■—t• l--■■— IAMMEIM ■r3. r.®_®_r__________— r.__ —r. MINMEMiiiMS wmal T_0_P_ F.F. REVISIONS DA E NO, W 0 U 0 W W Z O os Cos SAL SHEET: I f c: N slde�tlal cm—ref .Dace pia "nIng A Irne'br deign 59`2 Perris Rlvv., fire 191 MD'enn Valley, CA 92551 ho c (951)601 r8 CCU 951 ?:3.18 (7` 4 3 5 L:513 fey (951)601-3778 c -i paragorde3101241ur.com OATH? \AYNA .14.4 TF W'FNFFP 'l =11= A VIERI A\ I\ 1fLrE OF AR.:Hr_:" co ces 00 z O Di\TE ISSUED: DESIGNED 3Y: DRAWN BY: ,103 NUMBER DESCPF'TION No. 50/ 1 2 Exp. 0 O C AS0 04 1— O W W LLJ c1) N— W CD J CO U (V U W CfJ. J W w CO CO Z Q 4 JA/CA Z1U82 33 -'2 -10 PA EALCN T.O.P. F. F. T.O.P. F. F. T_a_P F_F. TG P_ F.F 'FYPON' 812 MOLDING (N) 2x4 FRMG. W/ HARDIPANEL' `FYPON 1207 MOLDING 2x2 PICKETS SPACED THAT NO 4 MAY PASS 2x4 T B RAILS (N) WOOD TRIM (E) WDOD TRIM (N) STEEL ROCK PACIFIC SHAKE ICC ER -5218 CLASS DOLOR PATTERN TO MATCH AS CLOSE AS POSSIBLE TO EXTC, 3x4 TOP RAIL z j Z z z/ z z z N) WEST (LEFT) ELEVATION z K j zz/ (E) STEEL ROCK PACIFIC SHAKE REMOVE (E) GUARDRAIL PICKETS PANEL 70 MATCH (E) j EAST (RIGHT) ELEVATION i z z z z /7 i /I 5/Z j /7 i >2 z z z Z z z z z z ,z z z z z/ z z zz/z/zz z z,z z: /Z z z z ZZ ZZ zz 1/ 5 z/ Z Z Z z z z i l l Z z z e z/ Z z l Z' I z Z/ z/z z 7 z /ZZ z z i z z (N) ICC ER-521E COLOR 8c PATTERN TO MATCH AS CLOSE AS POSSIBLE TO EXTC z z (N) COLUMN (NO 2x4 2x4 PICK ETS (N) WOOD TRIM HGT AS RED TO MATCH (E) (E) WOOD TRIM HP. 2 THE GENERAL CONTRACTOR SHALL VERIFY ALL CONDITIONS AND DIMENSIONS PRIOR TO COMMENCING ANY WORK AND REPORT ANY ERROR, INCONSISTENCY OR OMISSION DISCOVERED TO THE DESIGNER AND ENGINEER THE CONTRACTOR SHALL BE RESPONSIBLE FOR ALL WORK AND MATERIALS INCLUDING THOSE FURNISHED BY THE SUBCONTRACTORS 3 GENERAL NOTES VERIFY ALL EXISTING DIMENSIONS ON SITE PARAGON DESIGN DRAFTING, INC RECORDS ALL EXISTING STRUCTURES AND PARTS THEREOF TO EPS EEST AEILITY HOWEVER, I r DOES NOT HOLD RESPONSIBILITY AND LIABILITY FOR ANY AND ALL EXISTING CONDITONS, EXPOSED DR CONCEALED THE GENERAL CONTRACTOR VVILL BE REQUIRED TO ASSUME SOLE LIABILITY FOR THAT AREA OF CONSTRUCTION IN WHICH HE KNOWINGLY DISCOVERS ANY ERROR OMISSION, OR INCONSISTENCY IN THE PLANS YET HE PROCEEDS WITH CONSTRUCTION OF SAIN AREA WITHOUT IMMEDIATELY NOTIFYING THE DESIGNER, ENGINEER AND OWNER ABOUT SAID ERROR, OMISSION, OR INCONSISTENCY, THE DESIGNER WILL REVIEW THE MEANS OF CORRECTING ERRORS. 4 THE GENERAL CONTRACTOR SHALL EE RESPONSIBLE FOR THE REMOVAL AND REPLACEMENT OF ALL DAMAGED STRUCTURAL MEMBERS DISCOVERED DURING CONSTRUCTION 5 THE CONTRACTOR SHALL BE RESPONSIBLE FOR ALL ASBESTOS ABATEMENT IF ENCOUNTERED DURING THE COURSE OF DEMOLITION OR CONSTRUCTION OF THE PROJECT THE SCCRE OF SERVICES UNDER THIS CONTRACT IS LIMITED ONLY TO THE AREA OF NEW ADDITION OR REMODEL ALL OTHER INFORMATION SHOWN IN THIS PLAN SET OS DR ILLUSTRATION ON LY. THE CONTRACTOR SHALL 055 FY THEIR ACCU RACY ELEVATION NOTES CONFIRM ALL Fl XTU RES, APPLIANCES, FINISHES, WINDOWS DOORS WITH THE OWNERS FOR THEIR APPROVAL 53501BE INSTALLATION NEW ROOF RAFTERS TO MATCH EXISTING SLOPES VERIFY 05 SITE PROP TO ANY WORK PLATE HEIGHTS SHALL MATCH EXISTING UNLESS OTHERWISE NOTED VERIFY ON SITE PRIOR TO ANY WORK PROCEEDING FILL—IN, PATCH AND MAKE—GOOD ALL JUNCTION BETWEEN EXISTING STRUCTURE AND NEW PROVIDE 2 LAYERS OF GRADE D PAPER UNDER STUCCO APPLIED OVER WOOD SHEATHING (SHEAR WALLS) SECT ELEVATION SYMBOLS SHADED PORTION DENOTE EXISTING TO REMAIN NO. 0 8 LZ REV S (DNS 0 ces LLJ Di\TE ISSUED: DRAWN BY: cc til esIdelt1.31 cm—ref deign Perrl Ste 191 Mr) valley, CA 92551 fax (951)601-3778 Cll ESS DESIGNED 3Y: Exp. UJ CD OD Lil IE (1. 5 DESCPFTION co 0 OF N LO CL Exisiting Balcony South Elevation View Existing Balcony East Elevation View ATTACHMENT NO. 5 Existing Balcony South/East Elevation View Exisiting Balcony West Elevation View (most of balcony currently blocked by trees) Existing Balcony South Elevation View of my house on right and neighbor's house on left (west) side Proposed New Window View West Side (clear view all the way down the street) 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765 -5139 Fax: (714) 765 -5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT DATE: JANUARY 19, 2011 FROM: PLANNING SERVICES MANAGER SCOTT KOEIIM, PROJECT PLANNER SUBJECT: CONDITIONAL USE PERMIT NO. 319A LOCATION: 950 North Anaheim Boulevard APPLICANT/PROPERTY OWNER: The applicant. is Jesus Perez and the property owner is Massoud Malek Smailey. REQUEST: The applicant proposes to permit the expansion of an existing tire repair facility. RECOMMENDATION: Staff recommends that the Commission adopt the attached resolution, determining that a Class 1 Categorical Exemption is the appropriate environmental determination for this request and approving Conditional Use Permit No. 319A. BACKGROUND: This 0.33-acre property is developed with a tire repair facility. The property is located in the C-G (General Commercial) zone. Project site and surrounding land uses include the following: Project Site East South irection West, across Anaheim Boulevard istIng Tire repair facility North, across La Industrial building C-G Palma Avenue PLANNING COMMISSION REPORT Zorling C-G Single-family RS-3, RM-4 residential, Multiple-family residential ITEM NO. 3 enera 4 ifl 3esgnaon Low Medium Density Residential C-G C-G Low Medium Density Residential Low Medium Density Residential fixed Use ow Density Residential CONDITIONAL USE PERMIT NO. ]loa January /9 Page 2 of 2 Conditional Use Permit No. 314 was approved in 1962 to permit a retail tire service facility. The current owner has operated this business at this location since 1492. There is an existing Code Enforcement case on this property for tire repair conducted outside and outdoor storage. The Zoning Code requires that all repair service and storage be contained within uhui|ding. The proposed service expansion will allow for work that is currently being conducted outdoors to be performed inside the building, provide additional interior space for tire inventory, and provide a screened location for completed vehicles to be stored prior to customer pick up. PROPOSAL: The applicant is proposi to expand the existing tire repair The proposed expansion includes u240 square foot addition at the rear of the buiiding to add one more service bay. The huiiding expansion wili also include tenant improvemenls to relocate the existing restrooms. A roil up door is proposed at the rear of thc building to allow for finished vehicles to be parked behind the building until they are picked up. No other changes to the exterior of the huilding are proposed. ANALYSIS: The Zoning Code requires a conditiona use permit for autornobile repair tacilities in the General Commercial zone. The proposed expansion of the tire facility will allow the business to add an additional service bay which will provide more area to repair tires inside the building. The expansion will also allow for tire inventory to be stored around the perimeter of the two service bays. Waste tires will continue to he stored in the existing trash enclosure for weekly pick up from a tire disposai company for recycling. A total of six parking spaces are proposed: one niore than the flve spaces required by Code. No changes are proposed for the existing signs on the property. A new landscaped planter is proposed for the northwest corner of the property, which will be similar to the landscaped area on the corner property Iocated directly across Anaheim Boulevard. This planter will create additional landscape and provide a future location for 8nuoou'neot sign. CONCLUSION: The proposed improvements will allow the current business to operate in compliance with Code and also provide aesthetic upgrades to the landscaping. Staff believes that the expansion to the tire repai facility wouid be a cornpatible use for this location and recommends approval of the conditional use permit. Respectfully_submitted, Principal Planner Attachments: 1. Vicinity and Aerial Maps 2. Draft Resolution 3. Letter of Operation/Justification rvices Manager The following attachments were provided to the Planning Commission and are available for public review at the Planning Services Division at City }{81/ or on the City of Anaheim's web site u{ Lw, g (under Document Downloads, select Planning Commission Agenda and select staff report for Item No.). 4. Site Photographs 5. Site and Floor Plans ATTACHMENT NO. 1 C -G INDUSTRIAL Commercial /Industrial Commercial Industrial (North Central Area) (North Central A ea) Redevelopment Area 1 e. eve opment ea INDUSTRIAL INDUSTRIAL Ok RM -3 SFR RETAIL W LA PALMA AVE o so v 115 Feet RM -3 DUPLEX C -G RETAIL Z SFR R O RM -3 DUPLEX RM DUPLEX RM -3 FOURPLEX RM-3 SFR W �A RM -3 SFR C -G VACANT C -G DEV2010 -00147 RETAIL E ST Commercial /Industrial; (North Central Area) I 91 H Redevelopment Area RS -3 DUPLEX C -G MEDICAL OFFICE RS -3 SFR w z RS -3 Z SFR n C- RS -3 y o FOURPLEX) G RS -3 Z b SFR tP RS -3 7_ G SFR 0 G RS -3 ri C -G DUPLEX AUTO REPAIR/ SERVICE 1 a w RM -4 APTS 8 DU RM -4 SFR RM -4 SFR RM-4 SFR w RM -4 SFR RS3 SFR RS -3 DUPLEX RS -3 SFR RS -3 FOURPLEX E M W/5 CsR RM -4 SFR RM -4 SFR RM -4 TRIPLEX RM -4 SFR RM -4 TRIPLEX X 1 ill D 0 RM -4 SFR E LA PALMA AVE RM -4 SFR RS -3 SFR RS 3 DUPLEX RS -3 SFR RS -3 DUPLEX RS SFR Subject Property DEV2010 00147 950 North Anaheim Boulevard APN: 035 061 -25 w x a W. LA PALMA AVE z 1 �t 9, m ...A1 W. g O �INGOLN AV O' E. LA PALMA AVE U 11055 p J f 8 ➢11 Subject Property DEV2010 -00147 950 North Anaheim Boulevard APN: 035 061 -25 W. LA PALMA AVE E. LA PAL'MA AVE 11055 [DRAFT] ATTACHMENT NO. 2 RESOLUTION NO. PC2011 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DETERMINATION AND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 319 AND AMENDING RESOLUTION NO. 62R -1103 (950 NORTH ANAHEIM BOULEVARD) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for a Conditional Use Permit for certain real property in the City of Anaheim, County of Orange, State of California, shown on Exhibit A, attached hereto and incorporated herein by this reference; and WHEREAS, on December 26, 1962, the City Council, by its Resolution No. 62R- 1103, granted Conditional Use Permit No. 319 to permit a retail tire service facility; and WHEREAS, the property is currently developed with a tire service facility and is zoned C -G (General Commercial) and the Anaheim General Plan designates the property for Low Medium Density Residential land uses; and WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on January 19, 2011, at 5:00 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 project actions, including an amendment to Conditional Use Permit No. 319, 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 an amendment to Conditional Use Permit No. 319 to permit the expansion of an existing tire repair facility is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section No. 18.08.030.010 for this property. 2. That the proposed use will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located because the existing tire repair facility is compatible with existing and surrounding land uses, and the expansion of this facility will continue to be compatible with the surrounding land uses. 3. That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to health and safety of the citizens of the City of Anaheim. 1 PC2011 4. That the approval of the proposed expansion will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 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. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing Uses) 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 Planning Commission does hereby approve Conditional Use Permit No. 319A and that the conditions of approval heretofore imposed on Conditional Use Permit No. 319, as set forth in City Council Resolution No. 62R- 1103 be, and the same hereby amended in their entirety 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 subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 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 this Conditional Use 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) and 18.60.200 (City Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED 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. 2 PC2011 BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 19, 2011. ATTEST: CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION 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 that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on January 19, 2011, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 19 day of January, 2011. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 3 PC2011 EXHIBIT "A" DE1 -00147 APN: 035 061 -25 o 0 50 100 Feet E LA PALMA AVE z Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +1- two to five feet. 11055 PC2011 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL 1 All tire repair and storage of any materials shall be conducted entirely within the building. Planning Division 2 The 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 (Site and Floor Plans) as conditioned herein. Planning Division EXHIBIT `B" CONDITIONAL USE PERMIT NO. 319A (DEV2010- 00147) -5- PC2011 ATTACHMENT NO. 3 JUSTIFICATION LETTER FOR CONDITIONAL PERMIT As previously discussed G G TIRES is proposing to add 240 sf of new construction to the existing 1,216 sf in order to obtain space for an additional car work bay. It will have a total of two. The intention to have an additional car bay is to prevent working on vehicles outside the building. Very often vehicles that are being work on, the repair(s) needed cannot be completed right away for the reason that a tire or rim is not available after such repair has been started. This is the reason why an additional bay is needed. G G believes that this minor project proposal does not adversely affect the adjoining land uses or the growth and development of the area in which it is located. The size and shape is adequate to follow the full development of the proposed use in manner not detrimental to the particular area or health and safety since it will just complete a rectangular shape building. The traffic generated by the proposed use will not impose an undue burden upon any streets or highways to carry traffic in the area since it will remain as present. The granting of the conditional use permit under conditions imposed will not be detrimental to the health and safety of the citizens of Anaheim since it has not done so in the past and G G TIRES is willing to cooperate with the city to make future property improvements as proposed. The idea to install a new roll up door use is to push vehicles that cannot be finished right away to the rear of the building and park them in the employee paring spaces area. Usually all vehicles are finished the same day. There will not be any customer vehicles parked in the rear for long periods of time. The tires inventory will be stored inside the car bay work area perimeter, against the wall. The trash enclosure is not new, it's existing and it's the same area designated for wasted tires. The wasted tires are picked up by a certified tire disposal company weekly for recycling. If you have any more questions feel free to contact me (Jesse) by ph at 562 712 -9309 or via e -mail at gasmars@)live..com Than you for the time spent with this application and season greetings to you all. ATTACHMENT NO. 4 Na A N A H E M 1 Y 1? N. L E M 0 N 1 N. A N A H M L W 'LA FALMA AVt VECI N ITY LOCATION a1 7 1 ;I GREEN AREA 7 FLJTURE MONUMENT 5IGNAREA L 324l (E) CQNCETE OCK WALL 0' H EX!ST1NG CONCRETE FLOOR 1-6' 2' SIDEWALK ALLEY TRASH PAIN CONTAINER AREA 13I-2 1 l; i L 1 j ILJL J J_. (E) CONCR1I LOCK WALL 6' H 147 SCALE: PLOT PLAN EXiTING 1216 f N ANAHEIM BLVD 9 48' ATTACHMENT NO. 5 L -s: PRO'OSEt' NEW WALL a P7OPO5AL :r/i:I PRGPERTY LINE (E) EXI5T1NU9 LEGEN 29' 11 (E) ROIJ IRON GATE 1;, 12'-S" -------14Y urlII1G cPoR PRIVEWAY APPROACH 101 GLIENr; 0 0 11RES ADD SS: 5O N. A.rl IW1_ AmFi irrr CA 9 OS Tel. N. PROJECI DESCRI PTION: Teiiit Iprowrnehr. AVN T: Je eferez 188. No. S2-71Z-93 SCALE 1' 0 1R 304 LOT 13 ?ATE: O7, of 21O BHEE7 1 O 4 1 1 1 1 .15 1 1 1 7 SW V V .N. 25 FUTURE MONUMENT SIGN AREA T T 71 4 5 1 1 5i IP III 9 7. RE Psi AR EA In .5 DElvi0 NEW WALLS PROPOSAL PROPERTY LINE (10 EXISTING LEGEND' (E) CONCRETE laLOCK WALL ei EXISTING CONCRETE FLOOR SIDEWALK TRASH BINS CONTAINER AREA 131 i# PO 4), 74e -Art ISO 4 1:1 1 6 c9 IMMO I■ IMM ■■1 MINI NM 1■1 (E) CONCRETE DLOCK WALL 6' H N Ke lf> 6 fdl• 5 1 1 5 1 1 1 19 N ANAHEIM 131.-VP FL OOR PLANI ,5, IM I 1 IN I I MI EMPLO YE PARKING E 1700R5 5CHEPULE P3680 56" X 80" 20 min. fire retardant Mal" door M216-11108 1E5' x 9' metal rolt up eloor EMPLOYEE PA.RKING 3*3" (E) ROP IRON GATE --••-10k 29i DRIVEWAY APPROACH MI EIPLOYEE PARKING CLIENT: a TRES AUPRE55; 950 N. Anaheim E3rvti. Anaheim. CA 90b05 N.G. 71+ PROJECT DESCRIFTION1 Teriart Improvement S CALE: 1 1 11 PRAWN tvr ..1 rcrrz. Tel. 14c. 562-712-9309 scALE, 0 TR 564 Lot 13 DATET. DeG. 02, of 2010 SHEET 2 OF 4- 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765 -5139 Fax: (714) 765 -5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd, Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT DATE: FROM: SUBJECT: LOCATION: 2796 West Ball Road APPLICANT/PROPERTY OWNER: The applicant is Sheri Olson representing Swandeep and Davinder Singh and the property owner is Michael Daskalakis. REQUEST: The applicant proposes to permit a convenience market (7-Eleven) with the sales of beer and wine for off-site consumption and an associated determination of public convenience or necessity. RECOMMENDATION: Staff recommends the Planning Commission adopt the attached resolutions, determining that a Class 1 Categorical Exemption is the appropriate environmental documentation for this request and approving Conditional Use Permit No, 2010-05534 and the Request for a Determination of Public Convenience or Necessity No. 2010-00073. West South Retail Uses Service Station Retail Uses Direction Project Site North Northwe JANUARY 19, 2011 PLANNING SERVICES MANAGER VANESSA NORWOOD, PROJECT PLANNER CONDITIONAL USE PERMIT NO. 2010-05534 AND REQUEST FOR DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2010-00073 P0$10)9140,0P Commercia Center East Retail Uses PLANNING COMMISSION REPORT onng General Commercial Restaurant General Commercial ieneral Commercia General Commercial General Commercial General Commercial ITEM NO. 4 esgna ;on Low-Medium Density Residential Medium Density Residential Corridor Residential Low-Mediurn Density Residential Low-Medium Densit Residential Medium Density Residential C0NnDlONAL USE PERMIT NO. 2D\0-055l4 AND REQUEST FOR DETERMINATION OF PUBLIC CONVENIENCE 0{ NECESSITY NO, 2010-00073 January 19, 2011 Page 2 of 3 BACKGROUND: The 0.5-acre property is culTenlJy with a recently-constructed 5,755 square foot cominercia[ building. The property is located in the General Commercial (C-G) Zone. The property is also located in the West Anaheirn Commercial Corridors Redevelopment Project Area. The applicant is requesting approval of a 2,500 square foot convernence market with the sales of beer and wine for off-premises consumption. The appEicant proposes to operate the convenience market 24 hours a day seven days a week, The convenience store wouid also include everyday necessities such as general household products, packaged food products, and beverages. ANALYSIS: The C-G zone requires a conditional use permit permit for convenience rnarkets srnalier than 15,000 square feet and to permit the sale o[ beer and wine for off-premises consumption. Following is staff's analysis and recommendations on the requested convenience market. Convenience Market: The proposed convenience market, including the sale of beer and wine for ses consu ,is8compatibhuse in the area and will provide an ameni for nearby residents and visitors to the area. The proposal 10 operate the convenience store 24 hours a day seven days a week includes a prohibition on sales of beer and wine from 2 a.m. to 6 a.m. as required by the State Department of Alcohol Beverage Control (ABC). The floor plan shows that the convenience market will have a sales floor area consisting of a cashier station, a coffee island and beverage bar, sandwich case and merchandise shelving, two restrooms, a back room and walk-in cooler. The applicant propose to designate 12 percent of the floor area for the sale of beer and wine which includes refrigerators, display areas, and open shelving. Four coolers have been identified for the sale of beer and wine. No changes to the size of the structure are proposed, and therefore the proposal remains consistent with code provisions regulating setbacks and parking. Staff believes that with the conditions of approval relating to restrictions on alcoholic beverage packaging, displays, signage, property maintenance, and on-site consumption, the use would not he detrimental 10 the area. Therefore, staff recommends approvai of this application. Public Convenience or Necessity: State Iaw requires a determination of public convenience or necessity when an alcoholic beverage license is requested for a property located in a police reporting district with a crime rate above ihe City average or when there is an overconcentration in the numher of Iicenses within a Census Tract. The Anaheim Police Departrnent has indicated that this property is located within Census Tract No. 878.05 which has a population of 6,797. This census tract allows for four off-sale licenses and there are currently five off-sale licenses in the tract. The proposed off-sale license would be the sixth license in the tract. Four of the five existing off-sale iicenses within this census tract are located in the City of Stanton and one off sale license is located at 1212 South Dale Avenue in Anaheim, immediately south 0fthis location. The census tract allows for eight on-sale licenses and currently there are three licenses. Dale Junior High School is located within 600 feet of the proposed convenience store. Because of the close proximity to the school, ABC will provide required notification to the school district CONDITIONAL USE PERMIT Na 2010-05534 AND REQUEST FOR DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO 2010-00073 January 19, 2011 Page 3 of 3 that a beer and wine license is being requested for this location. In addition, the business owner is required to provide employee training to ensure that beer and wine sales to minors does not occur. This store is also located in Reporting District No. 1917 which has a below average crime rate; however, the crime rate within a '1/4 mile radius of this site is 86% above the citywide average. Since this Census Tract has an over concentration of off-sale licenses, a determination of public convenience or necessity is required. The attached statement of justification for determination of public convenience or necessity by the applicant indicates that the sales area for beer and wine would be incidental relative to the range of products offered in the store. The standard condition of approval in the draft resolution would permit the beer and wine display area to be up to 25 percent of the total display area in the building. Since this store has yet to be established. no crime statistics are available for this business. Based on this information, the Police Department has evaluated the proposed request and recommends approval subject to conditions that have been incorporated into the attached draft resolutions. CONCLUSION: Staff believes that this proposal will provide a convenience to customers visiting the store for everyday necessities and further, that the conditions of approval relating to restrictions on alcoholic beverage packaging, displays, signage, property maintenance and on- site consumption, for the requested license assure that the use would not be detrimental to the area. Therefore, staff recommends approval of the request. Respectfully submitted, t Principal Planner Planning rvices Manager Attachments: 1. Vicinity and Aerial Maps 2. Draft Conditional Use Permit Resolution 3. Draft Public Convenience or Necessity Resolution 4. Police Department Memorandum and Police PCN Proximity Map 5. Justification for Public Convenience or Necessity Concurred by, The following attachments were provided to the Planning Commission and are available for public review at the Planning Services Division at City Hall or on the City of Anaheim's web site at www,ayta eimneqlaniiipo 6. Site Photographs 7. Plans (Site and Floor Plans) ATTACHMENT NO. 1 W ELMLAWN DR ANAHEIM CITY /LIMITS STANTON CITY LIMITS 1— RM -4 9 ORBIT H z APTS. Y 12 DU d RM -4 SUMMER CREST APARTMENTS 183 DU 0 50 0 O Feet 2 as RS -2 E SFR E 00 0E _co cs_ E CC 2 o J 0 E w >E U 0 RS -2 cn SFR LOLA AVE ii C -G RETAIL T RELIGIOUS USE C -G RETAIL West Anaheim Commercial Corridors Redevelopment Area RS -2 SFR C -G SERVICE STATION C -G AMVETS RS -2 SFR RS -2 SFR R West Anaheim Commercial Corridors Redevelopment Area .-tea C -G REST. w C7 _U ULI LL O T k-162�{ RM -4 SUNSET PLAZA APARTMENTS 106 DU C -G RETAIL C -G DEV2010 00173 C G RETAIL ETAIL RM-4 SUMMERDALE APARTMENTS 34 DU RM -4 VILLA MARGARITA APARTMENTS 40 DU T DALE JUNIOR HIGH SCHOOL T SFR RM -4 CASA ALEGRA APTS H z wD go I E CO d W BALL RD z 0 cc x 0 RM -4 LEN MAR GARDEN APARTMENTS 51 DU RM-4 PACIFIC POINTE APARTMENTS 52 DU ANAHEIM CITY LIMITS LOLA AVE STANTON CITY LIMITS r Subject Property DEV2010 -00173 2796 West Ball Road APN: 126- 310 -27 I W. ORANGE AVE 'Q z 'cc t o w N 'O aio w iz W. BALL RD 'c7 I aJr, .r.— I -ter CERRITOS AVE CERRITOS 11057 i 4 r i.- x'010' -'ANAHEIM CITY STANTON CITY LIMITS )L•A AVER ANAHEIM STANTON CITY LIMITS LIMITS MONIFIEIR 0 50 100 0 0 Feet Aerial Photo: May 2010 Subject Property DEV2010 -00173 2796 West Ball Road APN: 126- 310 -27 w W. ORANGE AVE ;a w a J W. BALL Ri g fo 2 CERRITOS AVE .CERRITOS AVE 11057 [DRAFT] ATTACHMENT NO. 2 RESOLUTION NO. PC2011 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2010 -05534 (DEV2010- 00173) (2796 WEST BALL ROAD) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2010 -05534 to permit a convenience store with the sales of beer and wine for off -site consumption in conjunction with a Request for Determination of Public Convenience or Necessity No. 2010 -00073 for 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 reference. WHEREAS, this property is developed with a commercial center located in the C- G (General Commercial) zone and the Anaheim General Plan designates the property for commercial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 19, 2011, at 5:00 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. The request to permit a convenience store and to permit the sales of beer and wine for off -site consumption is properly one for which a conditional use permit is authorized under Code Section Nos. 18.08.030.010 (Primary Uses, Commercial Zones) and 18.38.110 (Convenience Stores) of the Anaheim Municipal Code. 2. The proposed convenience store with the sales of beer and wine for off -site consumption will not adversely affect the adjoining land uses and the growth and development of the area in which it is located because it is commercially zoned and is located in a commercial retail center with similar surrounding uses. 3. The size and shape of the site for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety of the citizens of Anaheim because this convenience store with the sales of beer and wine for off -site consumption will not impact the development of the area. 1 PC2011 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the volume of traffic planned for the streets and highways in the area. 5. 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 as the existing land use will continue to be compatible with the surrounding area and the proposed sales of beer and wine are not a health or safety risk to the citizens of the City of Anaheim. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15303, 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 City Planning Commission does hereby approve Conditional Use Permit No. 2010 -05534 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 subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 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 this Conditional Use 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) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED 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. 2 PC2011 BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 19, 2011. ATTEST: CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION 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 that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on January 19, 2011, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 19` day of January 2011. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 3 PC2011 EXHIBIT "A" DEV2010 -00173 APN: 126 310 -27 J W BALL RD 123' 147' Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +1- two to five feet. 11057 -4 PC2O11 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO BUILDING AND ZONING INSPECTION 1 Business to be equipped with alarm system (silent or audible. Police Department 2 CCTV monitors and recorders should be secured in a separate locked compartment to prevent theft of or tampering with, the tape. Police Department 3 CCTV recordings should be kept for a minimum of 30 days before recorded over. Police Department 4 CCTV videotapes should not be recorded over more than 10 times per tape. Use of digital recording equipment as an alternative to videotape is encouraged. Police Department 5 Complete a Burglary/Robbery Alarm Permit application, Form APD 516, and return it to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter, or it can be downloaded from the following web site: http://www.anaheim.net/article.asp?id=678 Police Department 6 File Emergency Listing Card, Form APD -281, with the Police Department, available at the Police Department front counter, or it can be downloaded from the following web site: http://www.anaheim,net/article.asp?id=678 Police Department 7 Rear entrance doors shall be numbered with the same address numbers or suite number of the business. Minimum height of 4" recommended. Police Department 8 All exterior doors to have adequate security hardware, e.g. deadbolt locks. Police Department 9 Wide -angle peepholes or other viewing device should be installed in solid doors where natural surveillance is compromised. Police Department 10 Address numbers shall be positioned so as to be readable from the street. Number should be illuminated during hours of darkness. Police Department EXHIBIT `B" CONDITIONAL USE PERMIT NO. 2010 -05534 (DEV2010- 00173) -5 PC2011 11 Monument signs and addresses shall be well lighted during hours of darkness. Police Department 12 Adequate lighting of parking lots and grounds contiguous to buildings shall be provided with lighting of a minimum one -foot candle 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 person, property, and vehicles on -site. Police Department 13 All exterior doors shall have their own light source, which shall adequately illuminate door areas at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. Police Department 14 Parking areas shall have appropriate signs per 22658(a) C.V.C. posted, to assist in removal of vehicles at the property owners /managers request. Police Department GENERAL 15 No display of alcoholic beverages shall be located outside of a building or within five (5) feet of any public entrance to the building. Police Department 16 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. Police Department 17 The area of alcoholic beverage displays shall not exceed 25% of the total display area in a building. Police Department 18 Sale of alcoholic beverages shall be made to customers only when the customer is in the building. Police Department 19 The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around these premises. Police Department -6 PC2011 20 There shall be no public telephones on the property that are located outside the building and within the control of the applicant. Police Department 21 There shall be no amusement machines, video game devices, or pool tables maintained upon the premises at any time. Police Department 22 The gross sales of alcoholic beverages shall not exceed 35 percent of all retail sales during any three (3) month period. The applicant shall maintain records on a quarterly basis indicating the separate amounts of sales of alcoholic beverages and other items. These records shall be made available for inspection by any City of Anaheim official when requested. Police Department 23 Business owner shall police the area under their control in an effort to prevent the loitering of persons around the premises. Police Department 24 Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. Code Enforcement 25 The subject property shall be developed substantially in accordance with plans submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 (Site Plan) and 2 Floor Plans) and as conditioned herein. Planning 7 PC2011 [DRAFT] ATTACHMENT NO. 3 RESOLUTION NO. PC2011 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2010 -00073 FOR A TYPE 20, BEER AND WINE ALCOHOLIC BEVERAGE CONTROL LICENSE (DEV2010- 00173) (2796 WEST BALL ROAD) WHEREAS, on July 11, 1995, the City Council adopted Resolution No. 95R -134 establishing procedures and delegating certain responsibilities to the Planning Commission relating to the determination of "public convenience or necessity" on those certain applications requiring that such determination be made by the local governing body pursuant to applicable provisions of the Business and Professions Code, and prior to the issuance of a license by the Department of Alcoholic Beverage Control (ABC); and WHEREAS, Section 23958 of the Business and Professions Code provides that the ABC shall deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an undue concentration of licenses, except when an applicant has demonstrated that public convenience or necessity would be served by the issuance of a license; and WHEREAS, the Planning Commission of the City of Anaheim did receive an application for a Determination of Public Convenience or Necessity to permit retail sales and on- premises consumption of alcoholic beverages in conjunction with an application for Conditional Use Permit No. 2010 -05534 to permit the sales of beer and wine for off -site consumption in conjunction with a convenience store for 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 reference. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 19, 2011, at 5:00 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 determination of public convenience or necessity for an alcoholic beverage control license 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 C -G (General Commercial) zone permits the sales of beer and wine for off -site consumption in conjunction with a convenience store, pursuant to Sections 18.08.030 (Primary Uses, Commercial Zones),) and 18.38.110 (Convenience Stores) of the Anaheim Municipal Code subject to the approval of a conditional use permit. The proposed sales of beer and wine for off -site consumption will not adversely affect the adjoining land uses or the growth 1 PC2011 and development of the area in which it is proposed to be located because it is accessory to a convenience store and has commercial uses surrounding the property. 2. That California state law requires a Determination of Public Convenience or Necessity when property is located in a census tract with more on -sale alcohol licenses than allowed; and that Section 23958 of the Business and Professions Code provides that the ABC shall deny an application for a license if issuance of that license would tend to create a law enforcement problem or if issuance would result in, or add to, an undue concentration of licenses, except when an applicant has demonstrated that public convenience or necessity would be served by issuance of a license. 3. That Resolution No. 95R -134 authorizes the City of Anaheim Police Department to make recommendations related to the public convenience or necessity determinations; and said recommendations shall take the form of conditions of approval to be imposed on the determination in order to ensure that the sale and consumption of beer and wine does not adversely affect any adjoining land use or the growth and development of the surrounding area. 4. That subject property is located within Census Tract 878.05 with a population that allows for four off sale ABC licenses and there are presently five licenses in the tract; and, eight on -sale licenses and there is presently one in the tract. The Anaheim Police Department evaluates these requests based on the crime rates within a IA mile radius for the subject site. Although the police reporting district in which this business located has a below- average crime rate, this site has a IA mile radius crime rate of 86% percent above the average. However, the Police Department does not oppose this use, subject to the business continually adhering to the recommended conditions of approval. 5. That the traffic generated by the convenience store with off premises beer and wine sales will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 6. That the Determination of Public Convenience or Necessity can be made based on the finding that the license requested is consistent with the Planning Commission guideline for such determinations and further that granting the Determination of Public Convenience or Necessity under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the sale of beer and is ancillary to the proposed store and would serve as an added convenience to residents and visitors to the area who choose to shop at this establishment. The Police Department indicates no specific concerns related to off premises beer and wine sales and operation of this business, subject to the conditions of approval. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15303, 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 City Planning Commission does hereby determine that the public convenience or necessity will be served by the issuance of a license for the sale of beer and wine for off premises consumption at this location subject to the conditions of approval described in Exhibit `B" attached hereto and 2 PC2011 incorporated by this reference which are found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim. BE IT FURTHER RESOLVED 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 of Permit Approval) and 18.60.200 (City Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the findings hereinabove set forth. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby approve the Determination of Public Convenience or Necessity No. 2010 -00073 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 subject property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 19, 2011. ATTEST: CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 3 PC2011 STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on January 19, 2011, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 19 day of January 2011. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 4 PC2011 EXHIBIT "A" DEV2010 -00173 APN: 126 310 -27 J W BALL RD 123' 147' Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +1- two to five feet. 11057 -5 PC2O11 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL 1 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. Police Department 2 No display of beer and wine shall be located outside of a building or within five (5) feet of any public entrance to the building. Police Department 3 The area of beer and wine displays shall not exceed 25% of the total display area in a building. Police Department 4 Sale of beer and wine shall be made to customers only when the customer is in the building. Police Department 5 The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around these premises. Police Depaitment 6 The gross sales of alcoholic beverages shall not exceed 35 percent of all retail sales during any three (3) month period. The applicant shall maintain records on a quarterly basis indicating the separate amounts of sales of alcoholic beverages and other items. These records shall be made available for inspection by any City of Anaheim official when requested. Police Department 7 The subject property shall be developed substantially in accordance with plans submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 (Site Plan) and 2 (Floor Plans) and as conditioned herein. Planning EXHIBIT `B" PUBLIC CONVENIENCE OR NECESSITY NO. 2010 -00073 (DEV2010- 00173) -6 PC2011 City of Anaheim IN TERDEPARTMENTAL REVIEW COMMITTEE To: Vanessa Norwood/Planning Department Case No.: DEV 2010- 00173/CUP 2010 05534 7- Eleven 2796 W. Ball Road Date: November 29, 2010 Department: Police Department, Vice Detail /Special Operations Division Contact: Name: S.P.S.R. Michele Irwin 'Mt/ Phone: 714- 765 -1461 Email: mmirwin @anaheim.net ATTACHMENT NO. 4 1 have reviewed the above case and the Police Department does not oppose the applicant's request. Please see the following comments and conditions for more details: COMMENTS: Public Convenience and Necessity Information: The Police Department has received an I.D.C. Route Sheet for DEV 2010 00173. The applicant is requesting to permit a 7- Eleven with sales of beer and wine. The location is in Census Tract Number 878.05 which has a population of 6,797. This population allows for 8 on sale Alcoholic Beverage Control licenses and there are presently 3 licenses in the tract. It also allows for 4 off sale licenses and there are presently 5 licenses in the tract. This location is within Reporting District 1917 which is below average in crime. The %4 mile radius surrounding this location is 86% above average in calls for service. There have been no calls for service to this location in the last year. General Development Standards and Fees (the following standard development requirements are being provided to assist with project planning): 1. Managers Owners need to call the Department of Alcoholic Beverage Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program) Training for themselves and register employees. The contact number is 714 -558 -4101. RECOMMENDED CONDITIONS OF APPROVAL: This location falls within an area that is over concentrated with alcohol licenses; however, 7- Eleven has strict policies and training for its employees on selling to minors and all other alcohol related issues. There is a Junior High within 600 feet of this business. They will be notified through the Department of Alcoholic Beverage Control of this application and given an opportunity to state any concerns about the issuance of this license. We do not feel that granting this business a Type 20 Alcoholic Beverage Control License will be detrimental to the surrounding neighborhood. The Police Department requests the following conditions be placed on the Conditional Use Permit: No. Timing Condition Responsible Department 1. No display of alcoholic beverages shall be located outside of a building or within five (5) feet of any public entrance to the building. Police Department 2. 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. Police Department 3. The area of alcoholic beverage displays shall not exceed 25% of the total display area in a building. Police Department 4. Sale of alcoholic beverages shall be made to customers only when the customer is in the building. Police Department 5. The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around these premises. Police Department 6. The gross sales of alcoholic beverages shall not exceed 35 percent of all retail sales during any three (3) month period. The applicant shall maintain records on a quarterly basis indicating the separate amounts of sales of alcoholic beverages and other items. These records shall be made available for inspection by any City of Anaheim official when requested. Police Department 7. Any Graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. Police Department 8. Petitioner(s) shall police the area under their control in an effort to prevent the loitering of persons around the premises. Police Department 9. There shall be no amusement machines, video game devices, or pool tables maintained upon the premises at any time. Police Department 10. There shall be no public telephones on the property that are located outside the building and within the control of the applicant. Police Department 11. Parking lots, driveways, circulation areas, aisles, passageways, recesses and grounds contiguous to buildings, shall be provided with enough lighting to illuminate and 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. Police Department Concur: Offiief of Police Cp CJ`s f:lhomelmmirwin12010 -00173 DEV 2796 W Ball Road 7- Eleven.doc CITY OF Anaheim Public Convenience or Necessity (PCN) 2796 W Ball Anaheim, CA 92804 ATTACHMENT NO. 5 1. Per the preliminary floor plan we've earmarked the 5 of 12 cooler doors selling refrigerated products in the store, and 1 end cap shelf for these products. Total estimate of 40sf space allocated to alcohol sales within our -1,406 sf sales area; (approx 4% of selling area will be dedicated to beer /wine). Although beer and wine products is only a portion of 7- Eleven good/services, we have seen that lack of this product offering do severely affect other complementary purchases with noticeable decrease in a 7- Eleven's sales potential. As such, having beer /wine makes the entire project more economically viable. 2. We are located within census tract no 0878.05, which is over concentrated per the Department of Alcoholic Beverage Control. Presently there are 5 existing. Our business is unique to this area. The surrounding businesses and community will benefit from the public convenience of an upscale Market. The proposed use will provide a variety of goods that cater to a variety of needs of consumers. With a selection of other goods such as medicines, fresh foods, hot foods, pre packaged food items, beauty products, dairy products, meats, breads, coffee station, Danishes and a pleasant atmosphere to relax in. Residents and employees within the immediate area can benefit from an offering of this kind, since there is no other offering similar to ours in the immediate area. 3. There is residential neighborhood (low -med density), to the northwest of the project site. No schools are in the immediate area. The proposed 7- Eleven will be part of the existing upscale strip mall with many improvements for beautification of the plaza. The requested use at the proposed location will not adversely affect the economic welfare of the nearby community. This request will only benefit the community. We offer an up -scale 7- Eleven with a new image to our community. We employ approximately 2 5 people, per shift people at each our location. Hours of operation will be 24 hours with limited hours on alcohol from limited to 6am 2am 7 days a week. This location will not be materially detrimental to the use, enjoyment of property of others persons located in the vicinity of the site. Residential zoned and developed properties are buffered from site and sound of other surrounding businesses, streets and alleys. This proposed change will have very minimal noise impact beyond what normally occurs for this type of use. 4. Beer and Wine sales are not a large portion of the store business by overall sales, and we are estimating approximately 12 (based on market average for this trade area). However, patrons are custom to finding all their needs at one location. We pride ourselves on one stop shopping to offer our customers all their needs at one location. 5. 7 Eleven provides a convenient place for commuter and for local residents to pick up a variety of goods that cater to a variety of needs of consumers. With a selection of other goods such as medicines, fresh foods, hot foods, pre packaged food items, beauty products, dairy products, meats, breads, coffee station, Danishes and a pleasant atmosphere to relax in. Residents and employees within the immediate area can benefit from an offering of this kind, since there is no other offering similar to ours in the immediate area. 24 -hour convenience will offer a safe destination for many patrons to shop if they need a cup of coffee after a late shift or have an emergency with a child needing medicine after not nal business hours. 6. 7- Eleven has extensive training program in place to ensure that all age restricted products are sold responsibility, and no under age products are sold. 7- Eleven does not tolerate any deviation from their programs. See attached programs enclosed. 7. The license we are requesting is for an off -sale type 20 beer and wine license. The will be an original from the ABC. JUSTIFICATION FOR PUBLIC CONVENIENCE OR NECESSITY PLANNING DEPARTMENT PLANNING SERVICES DIVISION Revised 4,2808 The State of California Department of Alcoholic Beverage Control (ABC) is charged with the responsibility under state statute to review and issue licenses for the sale and/or manufacture of alcoholic beverages. State law provides that ABC shall deny an application for a license if the issuance of that license would either create a law enforcement problem, or result in or add to an undue concentration of licenses, unless a determination is made that public convenience or necessity would be served by the issuance of that license. The City has been designated to make determinations of public convenience or necessity for all applications except for non retail, hotel, motel, restaurant, and manufacturing establishments if the proposed license is located in an area of high crime or overconcentration of licenses. Public Convenience or Necessity (PCN) is a discretionary action decided by the Planning Commission or City Council only after reviewing the location, need, and surrounding land uses. It is the responsibility of the applicant to justify the Public Convenience or Necessity for alcohol sales. The City Council has established procedures for the determination of Public Convenience or Necessity and has delegated the responsibility for making such determinations to the Anaheim Planning Commission. In order to assist the Planning Commission in its deliberations as to whether the public convenience or necessity would be served by permitting an additional alcohol establishment within an area containing an over concentration of licenses and /or high crime rate, please provide a letter of justification to answer the following questions. 1. What is the primary purpose of your business? Is the sale of alcohol an essential part of the primary purpose of the business? 2. Are there similar businesses or a concentration of alcohol outlets in the immediate area that already provide alcohol service? If so, how would the public convenience or necessity be served by permitting an additional license within the census tract? 3. Is there a residential neighborhood or school adjacent to the property for which you are requesting a public convenience or necessity determination? If so, please explain how permitting an additional license would not disproportionately impact an adjacent residential neighborhood or school. 4. What percentage of your business do you anticipate will be alcohol sales? 5. Does your business cater to a specific need or specialty which is not currently available in the area? 6. Are you proposing any specific operational measures to eliminate or limit any potential negative consequences from the sale of alcoholic beverages? 7. What type of license are you requesting from ABC? Is it an existing license? Where is the license being purchased from? PERSONAL INTRODUCTION AND QUALIFICATIONS My name is Swarndeep Singh. Prior to my management position, I have received Business Administration degree in Management from California State University, Fullerton along with my real estate license. My business set mind has been working with people for over seven years in the content of providing the best service, and helping them meet their personal/business needs. I have extensive knowledge in the convenience store industry. My family has been in the convenience store business for many years. My family owns several 7 eleven stores. I have worked in these stores for a few hours a week to help him ensure the stores are ran efficiently accordingly to 7- Eleven's high standards. I believe in the unity of family and I always feel that working together as a team ensures to keep successful and great running stores. My father is very successful in this industry and a great role model of mine, he has pushed me to achieve more in life. This new store will be family owned store where my family will contribute a 100 I have obtained a tremendous amount of experience at our store located at 502 N. El Camino Real, San Clemente, CA 92672. While working inside the store, assisting customers has given me the experience of creating an equal balance in between a company's needs and customer's needs. To me, a company is considered successful when company takes serious interest in providing exceptional customer service. Exceptional Customer service is what I believe and what I intend to do at this Iocation. I have received many rewards and letters of recognition for not only satisfying my customers' needs but also going out of my way to put smile on their face. Building a relationship with customers is one of the most important quality of business owner needs to have. For instance, greeting them and knowing them by their name, treating individuals with respect and making them feel special is what makes a 7- Eleven owner complete. By doing so, I have always noticed it leads to a better company with great profit margin. Since my childhood, I have dreamed of being my own boss. The qualities I have obtained from top educational institutions, friends and family led me to this field. I am always curious to learn new things. If I did not have the knowledge in a certain field, I was very curious to learn and become an expert at any obstacle that came my way. I have taken many courses in business management, business law, economics etc., and on the contrary, I have been getting hands on training by joining different companies. I became aware of how they promoted new ideas to increase their business. All of these traits helped me to adapt to different type of management styles. My interest has always been to run a business not just at a continuous constant level, but to increase the sales by promoting new items, generating more sales and also creating a great team of employees. Business has always been my passion and becoming a 7- eleven franchisee has been my dream. I personally can bring a lot to this company through the B. Strengths experience that I have in management and sales skills. The time I spent working at 7- Eleven has helped my interpersonal skills, which lead me to success by being a team player, as well as a role model to the employees. In addition, I was given the privilege to be a manager to the rest of the employees. The model I created for the employees was a simple three -step approach. First, never make the customer realize I was selling a product instead appear to them as a friend that had their best interest. Second, getting to know them and asking them about their day helped relieve the tension that salespersons will usually create. Third, once the customer and you are relaxed mention a product and how would it benefit them. Majority of the time if my employees would follow this model they were confident enough to close the deal. Throughout this journey, I have learned to overcome many obstacles and build up more self confident. My strengths have always been never to give up and instead become even more determined to accomplish my goals, as situations get tough. I have always loved to take on challenges and to overcome any obstacles that cross my path. For example, at my work I was recognized for changing the atmosphere of the room even when we received difficult customers. Many people would come in with a horrible mood I would not let such a person bring me down instead I would they would leave my work with a smile. Another quality that demonstrates my strength is my ability to adapt new environments and adjust well in new rising situations. Managing my dad's distribution company has led me to increase my organization skills. I handle hundreds of customers keeping track of there accounts and getting to know each individual on a personal base. Obtaining such personal interest has always show to increase business margins. In addition, working with such high volume of customers has lead be to attain great management skills. Many times, I have seen managers treat their employees differently showing favoritism to some while neglecting other. Since then I have never treated any fellow employee or friend in such a way. I have grown to become a highly ethical person who will not compromise or fall short of ones expectations. My personal integrity has grown over the years. Another great strength is that I am a multitasked who works even better under pressure. This past year I started many personal projects and as the year is about to end I see all them becoming a success. The way I was able to complete all my personal projects was by taking it day by day. Achieving daily goals is how things are done. By achieving short- term goals is how one can observe the outcome of long -term goals in the future. It is almost impossible to become rich tomorrow or get a degree in few days that are why in order to pursue the goals we have to work hard and devote time to them for a certain period. Taking different courses in different educational facilities/ work hard and be top in every job task to make set amount of money or build a secure future. All these things can only be earn by accomplishing small term goals. I would consider this the best way to achieve FOOD SERVICE MANAGEMENT Each 7 Eleven store focuses on meeting the needs of busy shoppers by providing a broad selection of fresh, high quality products and services at everyday fair prices, along with speedy transactions and a clean, safe, friendly shopping environment. In providing good quality of food to the customers, I am planning to use a merchandising strategy, which will also result in differentiating 7- Eleven stores from competitions. Expansion of items will include our food service offerings of fresh deli items, things like sandwiches and wraps, and fresh baked goods that will be prepared and delivered fresh daily. A. Presentation to customers: The important part of everything, I will always be in stock of all the items. A customer buys the more quantity of a product; the better it is for a store. Therefore, promoting special offers such as buying two of the same products will cut the cost in half Presentation of food service products such as Big Eat sandwiches, fresh bakery and grill products will be done in a superb manner in my store. I will make sure all the fresh products from CDC are delivered properly. Any damaged product will be adjusted by completing a CDC adjustment. My employees will be trained to suggest fresh food items to our customers. Customers like to see the fresh food area such as grill and donut case free of any debris or oil. I will make sure the grills are cleaned and sanitized everyday. Glass shelves will be cleaned everyday in open -air case. In addition, I will reward my employees for boosting sale in fresh food category. I will have a temperature log in the store for Perishable food and Equipment. Perishable food temperature will be recorded every four hours and equipment temperature will be recorded every eight hours. I will make sure that the point of purchase materials/signage is on display according to the dates mentioned on them. I will remove the out dated items from shelves and write them off through proper procedures. B.I will make sure all my employees take food safety class to maintain optimum food service standards 24 hours a day. I will make sure that my employees keep the product on the grill for required time and at a required temperature. The frozen food should be kept between —10 degree and 0 degree F. Fresh sandwiches and other hot food should be kept at temperature below 40 degree F. Hot dogs and taquitos should be thawed at required temperature for 48 hours before putting on the grill. I will not tolerate any miss handling in the food service area. Employee Training The ability to select the right employee is a critical for the success of my 7- Eleven store. I take the employee recruitment process very seriously. To me any new employee is a major investment. There is the cost of training and the cost that I want to avoid mistake of hiring the wrong person. When I set out to search for a candidate, my first step is to solicit referrals from customers. I will ask acquaintances, colleagues and current employees as well. If still no luck then I will look at other options such as college placement offices, trade and professional associations and employment agencies. When I begin receiving resumes, I will want to contact the best candidates and set up an interview schedule. Before the interview, I will prepare a list of questions to ask each candidate. By asking everyone the same interview questions in the same way, I will be able to compare their responses. During the hiring process, I will be clear about my employees' role within the company. Ahead of time, I will set expectations by defining job responsibilities before hiring the candidate. Giving a job description clarifies everyone's duties and heads off confusion about whom is responsible for what tasks. Once the employee is hired, I will put my best employee in charge of training the new hire or even train the employee myself. Some employees work better on the register when others tend to work better on different tasks like cleaning, organizing, stocking etc. I will always send my employees for training whenever available. In addition to training, I will also personally train them so that they know what I expect from them. I will make a perfect team in my store, which will contribute to higher sales. I will make sure they scan the correct price at the cash registers. I will also make sure that they do right day parts for sandwiches, fresh bakery etc. Shelf sequence is also very important and will be done on a regular basis in my store to keep track of which shelf makes how much. I will do this using `Schematic sales' in Product Assortment. 1 will manage the ordering process along with other order writers. I believe in the importance of keeping control of our ordering of our products on a store -by -store basis, rather than our products being vendor driven. Walk in cooler will be organized in a way so that it will be easy to stock up beverages. I will make sure that walk in cooler is organized in way that there is plenty of room for one to stock up the goods. Also other thing, ordering in a correct manner is seems to be very important, having the extra items which do not sell does take more space and not having a stock of items which sell, can hurt the business. This will be my priority of things to ordering where I am never out of stock and do not have any surplus of items, which do not intend to sell faster than others. With advanced ordering techniques, we know what sells and what do not sell. I will personally take care of ordering, making sure what products do sell the most and which do not. I will order only what is required by setting the minimums and forecasting correctly. I believe freshness is also one of the reasons why we need to keep control of ordering. For instance, CDC delivers fresh items to most of the 7- Eleven stores everyday. Conclusion 7- Eleven is one most of the successful franchise businesses throughout the nation. In society, it is known to be very successful and one of the top leading in business world. The company desires to franchise stores only individuals who fit their needs the most. I feel I am the most eligible applicant for this opportunity. I have extensive knowledge in sales, customer service and management skills. The biggest thing that I feel so confident is that I strive to be number one in what I do. I would take this opportunity very seriously and will go beyond in many expectations. Knowing and being aware of knowledge is one thing but having a personal experience is completely different. I have also managed my own real estate business, and helped manage in my fathers business. I can say now that I very confident in managing and growth of 7- Eleven franchise store. By providing an exceptional customer service and sell more fresh food items is what I will adapt my expertise in. I am team player so I will have the friendliest staff at my store. People will be welcomed to my store during the business hours and will find everything very easy in the aisles. The most important part of this business is repeated clients. I will make sure my store will never be out of stock in selling goods. Keeping a store neat, clean, and very well organized will help in more repeated as well as new customers. Being a part of biggest franchise and be a number one franchisee is my set goal. I will fulfill my goal by completing all these things. Overall, my strong and confident personality makes me the best candidate for this location as a 7- Eleven Franchisee Site No. 1023981 HFA A RC111 Tr CT1 1 H 1 V Litt U R HARRISON FRENCH A s s o C 1 1 r r. s. L r (l 2796 W. Ball Rd. Anaheim, CA 92804 1 3 5 ATTACHMENT NO. 6 HFA Project No. 19 -10 -00429 2 4 6 Site No. 1023981 7 9 HFA A RCIIITi:CTS 1- (.1 \k: R 1 7, rI'. R I ORS HARRISON FRENCH A S S 0 C I A T r. S L T Il 2796 W. Ball Rd. Anaheim, CA 92804 11 HFA Project No. 19 -10 -00429 8 10 12 Site No. 1023981 13 15 HFA A RCIIITECTS I GIVF. F. RS IS 11 (i11S HARRISON FRENCH S S C\ C' I T E 1. T 1) 2796 W. Ball Rd. Anaheim, CA 92804 17 HFA Project No. 19 -10 -00429 14 16 18 .P 4 r ],t 't.-•- (.7.-., .1 A ,'s: i 7 1 ,ii.,,,,.„ i'7 7.:. .5 5. 5 :.1 5 I r. x 4 I i• 4 5. 7 ..7...' w .I :4" iy.• I 1 I PI H. Egc.) 5 5: •^5•5 4 55-'^5-5 55- ..,..,Irp r tj c -ki--12 A 2798 7 gi i i 7) 5 L.2.-Y Q.j i• L: -1 ifrom +p wow 'opinc': aw lw. ..:ium ..Ntr. vrifzen AWED Or 5 ,i i 5 4 5 •P 467N. .L.6t"?..• AXt ..;1 Fe•Z:-"F!-Q4N A ..L. j. c, 3 •ts4 A 1 *1011. TENANT MPRQVEMENT vzh,tr. 27•96 1)41 14siX,Ic 24!-CY.' !p,•:,..,,,4 0 ft-i ft r ..R. 31: L 1 N .r *:::::1 El- ',"2 c, •?:1• LL-44-mn6 -,t. ig ,sr•• 0 t 3 ...i 1 ...6,.. ..4-; i 5 ..i ."rf .4.:6:,..i ',31,41. I_ .1....". •`......:7. .._.'i ..2..............J I• i''',...2.),. 0: .k. 1'55-cr", ..i T E PLAN CAL 2794 !ff.i6 Fr. •Ex.i•ST•ir40 tqi ..5144 0, nV ..14T YT 1 REVGIONS PRCIJPT;NO:. CAD, ••:000.: t.cALE.. :t ::IDA.Tt 8ITE. PLAN .5 L:,1 5. L...kt p5c.d.h.7E 7 -'7.4ila.o.i.0: ..r.9...N1 i 1 11. t if (L.J..w•7.E.p...1,15.7.7L ........::.....;Ey !P:J.14 0.)g 1 1:-•:• 1..- p.,:T.. ,e..j LE TY .TOLE frf NAL, APA .7.17,•• -;t L SOR 1 7 441 1. 4, .ei L i'VO• KL.st 1i4 •I'r.l' a .40.3 ge- ni:trani 4 .6.14o 0 cr Fre,..r...r_.t.rApi ;g:t 1 •M'N.CE 6r '1 V. .4r5e...n.c ./...ira c.ii" PAt,c.t.- t ;■.:tatit+_• :7:•WW7 TiAr r.22% ‘4= Fr,r0.4v, 4, ,a=" "h DEF•AgThinir NO1:77,77S a' Nri E Alt L) N 'I"" Fn PON LNT ,6,17:"SPVAL- 3C:3NA, C ;7. P as, e. A t1 TE A AN cL JJIW TIN 'Cr ?"1 14•CAFRUzt,..:••ION TYPE, V-B 5•HEET iN ATTACHMENT NO. 7 EX E.SN 0•iLT riL5 ES 77.EAt11,-.'5 •Aq-t' NOT P.4A711.,?Ststc''N TCRi AouR. LT F4 HO.)R 07rNN6S SHAFTB l'i4.1 r aq,w•ARv L.P.7 Z .70 1....*INS• AFP:ZA PE LANC P4'."4:0Ti• 70 1.,ANDat:APE.: 4 n 7,• ANN-Y PNiT. LI T 4'3 LNI'r 1S 5 Un- Y P.,.PO•N'T !E)0C3 5J 7,.."7.7., ;:o t'ACi0 5rP< >q4. P,3 B.PACV...4. EXISTMlib 1.45. PARK.n5rs i bcA44.: Nt PARK' 'MG- NONE. -vr FAV•i":! 4 .20 OB BEACES !S F. 50S-2 Nc‘. 3052 '3 F. r .1 01 4 404-4. .444.4"%tal•ditRiVanailite.ANAPANNAr. A-V grf L ikS`4 1 n 1 55 0 5 41:a a 5 5'.1 if 5 5 '55 P£ 5 •h 7 4.14,t.,, 5 ••.•:•ry SHEET 023981 ANAHEIM. CA- EQUIPMENT LAYOUT INFOROADON ROLLER GRILLS SANDWICH CASE VAULT COORS LOW TEMP DOORS ICE MERCHANDISER NOVELTY' CASE BAKERY CASE SLIJRPEE BARRELS GONDOLA UNITS END CAPS HI H ALLS TOTAL TOTAL SO FT SALES FLOOR AREA 2 CID 12 1 1 DR 1 2 6 21 3 0 24 2,292 1,406 w E co c E 0 0 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765 -5139 Fax: (714) 765 -5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim. net City of Anaheim PLANNING DEPARTMENT DATE: JANUARY 19, 2011 FROM: PLANNING SERVICES MANAGER DAVE SEE, PROJECT PLANNER SUBJECT: CONDITIONAL USE PERMIT NO. 2010-05537 VARIANCE NO. 2011-04843 REQUEST FOR DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2010-00074 LOCATION: 1168 South State College Boulevard APPLICANT/PROPERTY OWNER: The applicant is Mike Ayaz representing the business owner, Juan Reynoso. The property owner is D&P, LLC. ITEM NO. 5 PLANNING COMMISSION REPORT REQUEST: The applicant proposes to establish a nightclub in an existing commercial building, to include a Type 48 (Public Premise) ABC license, sale and consumption of alcoholic beverages, public dancing, cover charge, and live entertainment with less parking than required by Code. RECOMMENDATION: Staff recommends the Planning Commission, by resolution, approve Conditional Use Permit No. 2010-05537, Variance No. 2011-04843, and Determination of Public Convenience or Necessity No, 2010-00074. BACKGROUND: The property is developed with an 18,956 square foot 2-stoty vacant commercial building. The building was previously occupied with the former El Vaquero restaurant and nightclub. The nightclub has been closed for approximately two years. Project site and surrounding land uses include the following: Commercial building (vacant) Apartments Commercial building (Orange County office) Fast Food Restaurant Retail Center C-G RA4-4 C-G 1 C-G Neighborhood Center Medium Density Residential Neighborhood Center Low Medium Density Residential Medium Density Residential North (across Almont Avenue) East West (across State College Blvd.) South Fast Food Restaurant C-G Neighborhood Cen e CONDITIONAL USE PERMIT NO. 20|0-05537 ]ooumyl9,20ll Page 2 of 4 PROPOSAL: The applicant proposes to establish a nightclub, nighc1uh, to include a Type 48 (Puhlic Premise) ABC license, sale and cons oofa|c0bohchevorugeS,oub|cd3nciog,C0vcr charge, arid live entertainrnent with iess parking than required hy Code and a shared parking arrangement with adjacent property owners. The applicant is further requesting approvai of a determination of public convenience or necessity to permit a Type 48 ABC license. Plans indicate that the floor area will be reduced from 18,456 square feet to 13,995 square feet by demolishing a portion of the second floor. No expansion of the building footprint iS proposed. The floor plan indicates that the nightclub would contain a raised dance floor, DJ booth, two bar areas, seating areas, smoking patio, offices, tw0reSbr0oona on the first floor, kitchen, and second floor rnezzanine with seating and restroorns, The appiicant has indicated that the hours of operation 3re seven days a week from 7:00 p.m. to 2:00 a.m. The site plan indicates 95 parking spaces provided on-site and 425 off-site spaces on the adjacent properties to the south and east, for an overall parking supply of 520 spaces. The adjacent off-site parking lots are available to the applicant through an existing recorded reciprocal access and parking agreement. Code requires 603 spaces hased 011 the foliowing: Use Parking Standard Proposed Nightcl ub 7s waces/1,000 s.f. Remaining 4 to 8 100( 8I Commercial uses Total Required Total Provided On Site Floor Area 13,995 s.f. 68,993 s.f. Required Parking 236 spaces 367 spaces ANALYSIS: Foliowing is staff's analysis and recornrnendations on the project: 603 spaces 520 spaces The applicant also suhmitted a security plan (Attachment No. 7)which establishes policies and guidelines for the nightclub employees and security staff. The applicant proposes to provide l5 to 20 security guards on the premises while the nightclub is open. The guards will patrol the parking lots to deter loitering and ensure that orderly conduct is maintained in the building and all adjacent parking lots. The Police Department has reviewed the security plan and supports the policies and procedures contained in the plan. Conditional Use Permit: Code permits niehtclubs with a cover charge and on -premises consumption of alcoholic heverages in the C-G zone suhject to a conditional use perrnit. The operation of this business as a nightclub, including a cover charge, dancing, and live entertainrnent, requires a conditional use permit. The purpose of a conditional use permit is to analyze any potential impacts on adjacent properties and impose conditions of approval to ensure that any operational impacts will he minirnal. Staff has evaivated the proposai with the Po]ice Department and believes that, if properly conditioned to address neighborhood compatibility, security, noise, and parking issues as stipulated by the applicant above, the establishment of a nightclub with a cover charge at this location would be acceptable. Tbercforo, staff recommends approval of this permit. Staff has provided conditions of approval in the attached resolution to CONDITIONAL USE YERNyr NO, 2O10-055B January 19, 2011 Page 3 of 4 ensure thai the nightc!ub does not have a negative impact on the adjacent businesses and residences in the neighborhood. Public Convenience or Necessity: State law requires requires a deterrnination of public convenience or necessity when an alcoholic beverage license is requested for a property Iocated in a police reporting district with 0 crime rate above the City average or when there is an over concent uh0n in the number of licenses within a Census Tract. The Business and Professions Code provides that ABC staff shall deny an application for a license if issuance of that license would tend to create a law enforcement problem or if issuance would result in, or add to, an undue concentration of licenses, except when an applicant has demonstrated that public convenience or necessity would be served by the issuance of a Iicense, A determination of Public Convenience or Necessity is required from the City in this case because this property is located within a reporting district with a high crime rate. Recently, the Anaheirn Police Department began analysis of Puhlic Convenience or Necessity s based on crime occurring within o1/4 mile radius of the subject site, rather than using Police i)epartmerit Reporting District boundaries. The 14 mile radius analysis aliows a concise and pertinent examination of the immediate area surrounding the suhject site in order to give an accurate depiction of crime and its relation, if any, to the suhject site. The crime rate within 81/4 mile radius of this site is 98% above the city average in terms of calls for service. This location is also in Reporting District 1828 which has a crime rate 196% above the city average. A determination of Public Convenience or Necessity is required as a result of this above average crime rate. The Police Department has also indicated that this property is located within Census Tract No. 863.06 which has a population of 3,570. This census tract allows for four on-sale licenses and there are currently two licenses in the tract. The census tract also aliows for three off-sale Iicenses and four licenses currently exist. The Police Department has reviewed the proposed request and does not oppose the nightclub, suhject to the adherence to the conditions of' approval that have been incorporated into the attached resolutions. The proposed nightcluh which includes the sale and consumption of alcoholic beverages is an appropriate use for this existing commercial building which is located near the intersection of two major arterial highways and will provide a convenience to patrons who are visiting the area. StU/fbo|ievcstbatvviLbibe conditions of approval relating to restrictions on alcoholic beverage sales, displays, signage, noise, parking, loitering, and property maintenance, the use would not be detrimental to the area. Therefore, staff recommends approval 0[ this permit. Variance: The applicant requests fewer parking spaces than required hy code. Code requires 236 spaces for the ni btckib and 95 spaces are provided on the property. The applicant also proposes to use 425 additional spaces on three adjacent parking lots to the east through an existing reciprocal access and parking agreement, for an overall parking supply of 520 spaces. Code requires 603 spaces for all of the combined businesses on all four properties; therefore, the applicant is requesting approval to operate with 83 fewer spaces than required by code. A parking demand study was prepared in 2002 in conjunction vviUbuourkingvnd0000fordbe former El Vaquero nightclub. The study conciuded that the highest numher of parking spaces CONDITIONAL USE PERMIT NO. 20lO-05537 January 19, 2011 Page 4 of 4 needed for the entire center was 253 spaces, resulting in a surplus of 267 spaces. The study also concluded that most of the businesses in the adjacent commercial center operate during the daytime hours and did not conflict with the peak evening hours of the nightclub. Staff conducted a survey of the area and compiled a list of the businesses on all four properties and determined that the overall parking requirement has not been increased since 2002. In addition, the app!icant proposes 10 reduce the building floor area from 18,956 square feet to 13,995 square feet. Therefore, since the parkwg demand is not expected to exceed 253 spaces, and because the new nightclub will have a reduced floor area and lower parking requirement compared to the former nightclub, staff recommends approval of this parking variance request. CONCLUSION: Staff has evaluated the 's request to establish a nightclub in an existing commercial building, 10 include a Type 48 (Public Premise) ABC license, sale and consumption of alcoholic beverages, public dancing, cover charge, and live entertainment with less parking than required by Code and believes that the proposed use at this location would be acceptable. Staff has provided conditions of approval in the attached resolution to ensure that the nightclub does not have a negative impact on the adjacent businesses and residential neighborhood. Moreover, the proposed sale of alcoholic beverages for on-premises consumption is a cornpatible use within an existing commercial center and will provide a convenience to patrons who are visiting the area to see live entertairirnent events. Lastly, the parking study has demonstrated that there is adequate parking for the nightclub during the nighttime hours since the husinesses on the acljacent properties to the east have daytirne peak hours, arid further that the new nightclub will have a reduced floor area and lower parking requirement compared to the former nightclub. Therefore, staff recommends approval of the project. Respectfully submitted, v Principal Planner P an g vices Manager Attachments: 1. Vicinity and Aerial Maps 2. Draft Conditional Use Perrnit and Variance Resolution 3. Draft Deterrnination ot Pubiic Convenience or Necessity Resolution 4. Police Department Memorandum 5. 9CN&1upS 6. Applicant's Letter 7. Security Plan A. Parking Study for former El Vaquero Nightclub The following attachments were provided to the Planning Commission and are available for public review at the Planning Services I)ivision at City Hall or 011 the City of Anaheim's web site a1!i/ww.aD olln] @nr��� 9. Photographs 10. Site and Floor Plans RM 4 FOURPLEX 1 RM-4 APTS 8 DU RM -4 FOURPLEX RM -4 FOURPLEX R -4 FOURPLEX 1 ATTACHMENT NO. 1 RS -2 SFR RM -4 SU CASAALMONT WOODS APTS 108 DU RETAIL 0 50 100 0 v Feet AUTO TRUCK PARTS RS -2 SFR RS -2 SFR TILE STORE CENTER POINT BUSINESS PARK TILE STORE 1- w RS -2 t3 SFR w RS -2 SFR C -G RETAIL RETAIL SERVICE STATION SERVICE STATION r N -RS -2- SFR C -G b SERVICE N STATION C -G SERVICE STATION C -G RETAIL -RS -2- SFR I189'� 1 RS -2 SFR 1 RS -2 SFR RS- SFR 1 RS -2 SFR RS -2 SFR E CLIFPARK WAY C -G BUSINESS COLLEGE C -G RESTAURANT E ALMONT AVE E BALL RD -RS-2 SFR RS -2 SFR 1 RM -4 APTS 8 DU 1 C -G RETAIL RM -4 FOURPLEX RM -4 WATERRIDGE APARTMENTS 220 DU C -G DEV 2010 -00177 RESTAURANT Subject Property DEV2010 00177 1168 South State College Boulevard APN: 253 212 -18 N E. BALL R61 N N E. CERRITOS AVE 11054 Subject Property DEV2010 -00177 1168 South State College Boulevard APN: 253 212 -18 N E. BALL RD, r s E. CERRITOS AVE 11054 [DRAFT] ATTACHMENT NO. 2 RESOLUTION NO. PC2011 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2010 -05537 AND VARIANCE NO. 2011 -04843 (DEV2010- 00177) (1168 SOUTH STATE COLLEGE BOULEVARD) WHEREAS, the Planning Commission did receive a verified Petition to approve Conditional Use Permit No. 2010 -05537 and Variance No. 2011 -04843 to establish a nightclub in an existing commercial building, to include a Type 48 (Public Premise) ABC license, sale and consumption of alcoholic beverages, public dancing, cover charge, and live entertainment with less parking than required by Code and a shared parking arrangement with adjacent property owners; and WHEREAS, this 1.3 -acre property is developed with a 18,956 square foot, 2 -story commercial building. The property is located in the C -G (General Commercial) zone and the Anaheim General Plan designates the property for Neighborhood Center land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 19, 2011, at 5:00 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 tentative parcel map and conditional use permit to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Planning 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 with respect to the request to establish a nightclub in an existing commercial building with less parking than required by Code should be approved for the following reasons: 1. The proposed request to establish a nightclub with alcoholic beverages, a cover charge, dancing, and live entertainment in the General Commercial (C -G) zone is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.10.030.010 (Bars and Nightclubs). 2. The proposed the conditional use permit to establish a nightclub in an existing commercial building, as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the building is surrounded by and integrated with similar buildings and uses; and the proposed the nightclub will be located within an existing commercial building with no adverse affects to adjoining land uses. 1 PC2011 3. The size and shape of the site for the use is adequate to allow the full development of proposed nightclub in a manner not detrimental to the particular area or to the health and safety because the proposed nightclub will be located within an existing 2 -story commercial building and is surrounded by compatible commercial uses. 4. The traffic generated by the proposed nightclub will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will occur after the highest peak afternoon hours on the adjacent highways. 5. The granting of the conditional use permit and the variance under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed land use will be compatible with the surrounding area because the use is integrated with other uses on the property and is not a health or safety risk to the citizens of the City of Anaheim. WHEREAS, the Planning Commission does further find and determine that the request for a variance to permit less parking than required by Code and a shared parking arrangement with adjacent property owners should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (603 spaces required for the entire commercial center; 514 spaces proposed). 1. The requested variance is hereby approved based upon the findings and conclusions contained in a parking demand study prepared in 2002 in conjunction the former El Vaquero nightclub. The study concluded that the highest number of parking spaces needed for the entire center was 253 spaces, resulting in a surplus of 261 spaces. The study also concluded that most of the businesses in the adjacent commercial center operate during the daytime hours and do not conflict with the peak evening hours of the nightclub. Moreover, the overall parking requirement for the entire center has not been increased since 2002, and the applicant proposes to reduce the building floor area from 18,956 square feet to 13,995 square feet, resulting in a lower parking requirement compared to the former nightclub. 2. The variance will not increase traffic congestion since all parking is contained either on the subject property or on adjacent off -site parking lots which are available to the applicant through an existing recorded reciprocal access and parking agreement. Further, the project does not propose new ingress or egress points and is designed to allow adequate on -site circulation and therefore will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the nightclub. WHEREAS, 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. 2 PC2011 NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby approve Conditional Use Permit No. 2010 -05537 and Variance No. 2011 -04843 and 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 subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 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 this permit is approved without limitations on the hours of operation or 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) and 18.60.200 (City Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED 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 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. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 19, 2011. ATTEST: CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 3 PC2011 STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on January 19, 2011, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 19 day of January, 2011. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 4 PC2011 EXHIBIT "A" DEV2010 -00177 APN: 253- 212 -18 E ALMONT AVE 100 E ALMONT AVE 0) co N 189.08' 209.38' 100' 35.95' Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +I- two to five feet. 11054 -5 PC2O11 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO ISSUANCE OF A BUILDING PERMIT 1 The business shall be equipped with an alarm system (silent or audible). Police 2 The location of a trash enclosure shall be provided in a location acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said information shall be specifically shown on the plans submitted for building permits. Public Works, Streets and Sanitation Division 3 Address numbers shall be positioned so as to be readily readable from the street. Numbers should be visible during hours of darkness. Police 4 Complete a Burglary /Robbery Alarm Permit application, Form APD 516, and return it to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter, or it can be downloaded from the following web site: http://www.anaheim.net/article.asp?id=678 Police 5 The rear doors of the premises shall be equipped on the inside with an automatic locking device and shall be closed at all times, and shall not be used as a means of access by patrons to and from the licensed premises. Temporary use of these doors for delivery of supplies does not constitute a violation. Police 6 The on -site landscaping and irrigation system shall be refurbished in compliance with City standards. Landscape and irrigation plans shall be submitted to the Planning Services Division for review and approval. Planning 7 The on -site parking lots shall be repaved and restriped in compliance with City standards. Plans indicating the refurbishment of the parking lots shall be submitted to the Planning Services Division for review and approval. Planning EXHIBIT `B" CONDITIONAL USE PERMIT NO. 2010-05537 AND VARIANCE NO. 2010-04843 (DEV2010- 00177) -6 PC2011 GENERAL CONDITIONS 8 The permitted event or activity shall not create sound levels which violate any ordinance of the City of Anaheim. Police/ Code Enforcement 9 Security measures shall be provided to the satisfaction of the Anaheim Police Department to deter unlawful conduct of employees and patrons, promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbances to the neighborhood by excessive noise creating by patrons entering or leaving the premises. Police 10 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 of the AMC). Police 11 The business shall not be operated in such a way as to be detrimental to the public health, safety or welfare. Police 12 The owner shall provide security personnel in the parking lots and shall maintain order therein and prevent any activity which would interfere with the quiet enjoyment of their property by adjacent residents. Police/ Code Enforcement 13 Trash pickup at the premises shall be made no earlier than 7 a.m. and no later than 10 p.m. Code Enforcement 14 There shall be no public telephones on the premises located outside the building. Code Enforcement 15 Any tree and /or landscaping planted on -site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and /or dead. Code Enforcement 16 Adequate lighting of parking lots, driveway, circulation areas, aisles, passageways, recesses and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles on -site. Said lighting shall be decorative and complementary to the architecture of the building. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval. Police 17 Railing for the second story VIP area shall be a clear Police -7 PC2011 -8 PC2011 unobstructed material completely see through to the first floor area and monitored for security purposes and patron safety. 18 Partitions separating the booth areas shall not exceed 52 inches in height. Police/ Code Enforcement 19 The owner shall not maintain or construct any type of enclosed room intended for use by patrons or customers for any purpose. Police/ Code Enforcement 20 VIP /Hospitality alcove areas constructed on the premises shall have the following characteristics: No physical obstruction shall be attached, fastened, or connected in any manner to any section of the wall or ceiling at the alcove openings. No physical obstruction, including but not limited to planters, partitions or items of decor, shall be placed or attached to any section of the floor at the alcove openings. Police 21 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. Fire 22 There shall be no amusement machines, video game devices, or pool tables maintained upon the premises without issuance of proper permits as required by the Anaheim Municipal Code. Code Enforcement 23 There shall be no amplified music permitted outside of the building, including the outdoor patio area. Police 24 The use of all pyrotechnical material, special effects and fireworks shall be permitted only if, and to the extent, approved by the Anaheim Fire Department prior to their use. Fire 25 No required parking area shall be fenced or otherwise enclosed for outdoor storage. Code Enforcement 26 No outdoor activities involving gathering of persons shall be permitted on -site. Code Enforcement 27 The applicant shall be responsible for maintaining the area adjacent to the premises over which they have control, in an orderly fashion through the provision of regular maintenance and removal of trash or debris. Any graffiti painted or Code Enforcement -8 PC2011 9 PC2011 marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within two business days of being applied. 28 An unsubordinated restricted covenant providing shared reciprocal access and parking with the two commercial properties to east shall remain in full force and effect at all times. The covenant shall contain provisions to guarantee that the entire complex be managed and maintained as one (1) integral parcel for purposes of parking and vehicular circulation, and that the covenant be referenced in all deeds transferring all or any part of the interest in the property. Planning 29 The 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 (Site Plan) and 2 (Floor Plan), and as conditioned herein. Planning 9 PC2011 [DRAFT] ATTACHMENT NO. 3 RESOLUTION NO. PC2011 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DETERMINATION AND APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2010 -00074 (DEV2010- 00177) (1168 SOUTH STATE COLLEGE BOULEVARD) WHEREAS, on July 11, 1995, the City Council adopted Resolution No. 95R -134 establishing procedures and delegating certain responsibilities to the Planning Commission relating to the determination of "public convenience or necessity" on those certain applications requiring that such determination be made by the local governing body pursuant to applicable provisions of the Business and Professions Code, and prior to the issuance of a license by the Department of Alcoholic Beverage Control (ABC); and WHEREAS, Section 23958 of the Business and Professions Code provides that ABC shall deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an undue concentration of licenses, except when an applicant has demonstrated that public convenience or necessity would be served by the issuance of a license; and WHEREAS, the Planning Commission of the City of Anaheim did receive an application for a Determination of Public Convenience or Necessity to permit a Type 48 Alcoholic Beverage Control license to establish a nightclub in an existing commercial building, to include a Type 48 (Public Premise) ABC license, sale and consumption of alcoholic beverages, public dancing, cover charge, and live entertainment with less parking than required by Code and a shared parking arrangement with adjacent property owners 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 reference. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 19, 2011, notice of said public hearing having been duly given as required by Resolution No. 95R -134 and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures to hear and consider evidence for and against said proposed determination of public convenience or necessity for an alcoholic beverage control license to investigate and make findings and recommendations in connection therewith; and 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. California State law requires a Determination of Public Convenience or Necessity when property is located in a reporting district that has a crime rate above the average and has an over concentration of licenses; and that Section 23958 of the Business and 1 PC2011 Professions Code provides that the ABC shall deny an application for a license if issuance of that license would tend to create a law enforcement problem except when an applicant has demonstrated that public convenience or necessity would be served by issuance of a license. 2. Resolution No. 95R -134 authorizes the City of Anaheim Police Department to make recommendations related to the public convenience or necessity determinations; and when the sale of alcoholic beverages for on- premises consumption is permitted by the Municipal Code, said recommendations shall take the form of conditions of approval to be imposed on the determination in order to ensure that the sale and consumption of alcoholic beverages does not adversely affect any adjoining land use or the growth and development of the surrounding area. 3. The subject property is located within Census Tract No. 863.06 which has a population of 3,570. This census tract allows for four on -sale licenses and there are currently two licenses in the tract. The census tract also allows for three off -sale licenses and currently four licenses are existing. The Anaheim Police Department evaluates these requests based on the crime rates within the police reporting district by utilizing a 1 /4 mile radius for the subject site. This site has a 1 /4 mile radius crime rate of 98% percent above the citywide average; therefore, a determination of Public Convenience or Necessity is required from the City in this case because this property is located within a reporting district with a high crime rate. 4. The nightclub, as conditioned, will not adversely affect the adjoining land uses and the growth and development of the area in which it is located because the building is surrounded by and integrated with similar buildings and uses with minimal affects to adjoining land uses based upon the owner's compliance with the conditions contained herein; and the owner will maintain and enforce strict alcohol sales policies and conduct extensive training for employees and security personnel. site. 5. There are no schools or public parks adjacent to or within 500 feet of the subject 6. The traffic generated by the proposed nightclub will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will occur after the highest peak afternoon hours on the adjacent highways, and; 7. Alcoholic beverage sales for on- premises consumption is a compatible use within an existing shopping center and will provide a convenience to patrons who are visiting the area to see live entertainment venues. The conditions of approval contained herein relating to restrictions on alcoholic beverage sales, displays, signage, noise, parking, loitering, and property maintenance, would ensure that the use would not be detrimental to the area. 8. The Anaheim Police Department does not oppose the requested ABC License and recommends conditions of approval as shown below to ensure that approval of this request will not adversely affect any adjoining land use or the growth and development of the surrounding area. 2 PC2011 WHEREAS, 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 City Planning Commission does hereby determine that the public convenience or necessity will be served by the issuance of a license for the sale of alcoholic beverages for on- premises consumption in conjunction with a nightclub at this location subject to the conditions of approval described in Exhibit "B" attached hereto and incorporated by this reference which are found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim. BE IT FURTHER RESOLVED 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 of Permit Approval) and 18.60.200 (City Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the findings hereinabove set forth. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice for this project. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 19, 2011. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION CHAIRMAN, ANAHEIM PLANNING COMMISSION 3 PC2011 STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on January 19, 2011, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: 2011. IN WITNESS WHEREOF, I have hereunto set my hand this 19 day of January, SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION 4 PC2011 EXHIBIT "A DEV2010 -00177 APN: 253- 212 -18 0 E ALMONT AVE 51 Feet 100 E ALMONT AVE 0) N 189.08' 209.38' 100' 35.95' Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +1- two to five feet. 11054 -5 PC2O11 NO. CONDITIONS OF APPROVAL SIGNED OFF BY REVIEW BY GENERAL ONGOING DURING PROJECT OPERATION 1 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. Police /Code Enforcement 2 No person under the age of 21 shall be allowed on the premises any time it is open for business. Police 3 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. Police 4 The sale of alcoholic beverages for consumption off the premises shall be prohibited. Police 5 Entertainment provided shall not be audible beyond the area under the control of the licensee. Police /Code Enforcement 6 The floor space provided for dancing shall be free of any furniture or partitions and maintained in a smooth and safe condition. Police /Code Enforcement 7 The 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 Police 8 All 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. Police 9 There shall be no amusement machines, video game devices, or pool tables maintained upon the premises without issuance of proper permits as required by the Anaheim Municipal Code. Code Enforcement 10 The business shall patrol the area under their control in an effort Police /Code EXHIBIT `B" PUBLIC CONVENIENCE OR NECESSITY PERMIT NO. 2010-00074 (DEV2010- 00177) -6 PC2011 NO. CONDITIONS OF APPROVAL SIGNED OFF BY REVIEW BY to prevent the loitering of persons around the premises. Enforcement 11 The 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. Planning 7 PC2011 City of Anaheim INTERDEPARTMENTAL REVIEW COMMITTEE To: David See /Planning Department Case No.: Date: Department: DEV 2010 00177/ CUP 2010 -05537 Xalos Bar and Lounge 1168 S. State College Blvd. December 14, 2010 Police Department, Vice Detail /Special Operations Division Contact: Name: S.P.S.R. Michele Irwin Phone: 714 765 -1461 Email: mmirwin @anaheim.net ATTACHMENT NO. 4 I have reviewed the above case and the Police Department does not oppose this application. Please see the following comments and conditions for more details: COMMENTS: Public Convenience and Necessity Information: The Police Department has received an I.D.C. Route Sheet for DEV 2010 00177. The applicant is requesting to establish a nightclub to include a Type 48 (On Sale General Public Premise) Alcoholic Beverage Control License. The location is in Census Tract Number 863.06 which has a population of 3,570. This population allows for 4 on sale Alcoholic Beverage Control licenses and there are presently 2 licenses in the tract. It also allows for 3 off sale licenses and there are presently 4 licenses in the tract. This location falls within a high crime rate area and is 98% above average for the 1/4 mile crime radius in calls for service. This location is in Reporting District 1828 which is 196% above the city average in crimes causing the need for Public Convenience or Necessity. This location has been closed for some time so there are no calls for service. General Development Standards and Fees (the following standard development requirements are being provided to assist with project planning): 1. Managers, owners, bar tenders, and waitresses need to call the Department of Alcoholic Beverage Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program) Training. The contact number is 714 -558 -4101. RECOMMENDED CONDITIONS OF APPROVAL: City staff met with the applicant to discuss the project. In the meeting we went over the applicants' security plan. They will have a minimum of 15 security officers inside the venue and will utilize OC Metro for the parking lot. We discussed the necessity for Alcoholic Beverage Control training from either the Department of Alcoholic Beverage Control or TIPS. The building will utilize the south side entrance to diminish any noise to the residential area north of the property. The smoking area /patio will also be on the south of the building. The applicant discussed the desire to provide Valet Parking for their clientele. We will not oppose Valet Parking if they use the parking lot north east of No. Timing Condition Responsible Department 1. The permitted event or activity shall not create sound levels that violate any ordinance of the City of Anaheim. (Section 4.16.100.010 AMC) Police Department 2. 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. Police Department 3. Security measures shall be provided to the satisfaction of the Anaheim Police Department to deter unlawful conduct of employees and patrons, promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbances to the neighborhood by excessive noise created by patrons entering or leaving the premises. Police Department 4. 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 AMC) Police Department 5. The business shall not be operated in such a way as to be detrimental to the public health, safety or welfare. (Section 4.16.100.010 Anaheim Municipal Code) Police Department 6. No one under the age of 21 shall be allowed on the premises any time it is open for business. Police Department 7. There shall be no public telephones on the property that are located outside the building and within the control of the applicant. Police Department 8. 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 Control Act) Police Department the building. This will cut down on noise and criminal activity that has happened there in the past. We want it blocked off from regular vehicular traffic. OC Metro will need to patrol the rear lot as you can obtain entrance to the lot off of Ball Road behind the 7- Eleven. This will keep patrons from drinking in their cars or conducting other illegal activity. The employees should park south of the business and trash should be taken out by 10 p.m. If this application is granted the Police Department requests that the following conditions are placed on the Conditional Use Permit: 9. Any Graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. Police Department 10. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. Police Department 11. The rear doors of the premises shall be equipped on the inside with an automatic locking device and shall be closed at all times, and shall not be used as a means of access by patrons to and from the Iicensed premises. Temporary use of these doors for delivery of supplies does not constitute a violation. Police Department 12. Entertainment provided shall not be audible beyond the area under the control of the licensee. Police Department 13. The petitioner(s) shall provide security personnel in the parking lot and shall maintain order therein and prevent any activity which would interfere with the quiet enjoyment of their property by nearby residents. Police Department 14. Trash pickup at the premises will be made no earlier than 7 a.m. and no later than 10 p.m. Police Department 15. 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 Munici al Code Police Department 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 sate of drinks. Police Department 17. Railing for the second story VIP area shall be of a clear unobstructed material completely see- through to the down stairs area and monitored for security purposes and patron safety. Police Department 18. Partitions separating the booth areas shall not exceed 52" in height. Police Department 19. The licensee(s) shall not maintain or construct any type of enclosed room intended for use by patrons or customers for any purpose. Police Department 20. VIP /Hospitality alcoves constructed on the premises, shall have the following characteristics: Police Department (a) No physical obstruction shall be attached, fastened, or connected in any manner to any section of the wall or ceiling at the alcove openings. (b) No physical obstruction, including but not limited to planters, partitions or items of decor, shall be placed or attached to any section of the floor at the alcove openings. Concur: Office of Chief of Police f'lhomelmmirwinN2010- 000177 1168 S State College Xalos ll.doc BOYSEN PARK WAGNER AVE Proposed Site i 1168 S ST COLLEGE BLVD CO 1' co 1110 BALL RD O c O r.4. as m ai .moms KATELLA HIGH SCHOOL JAMES GUINN ELEM SCHOOL 863.06 ATTACHMENT NO. 5 Census Map for 1168 S St College Blvd 4 N 7 W--1 E 1 inch 1,000 feet 0 250 500 1,000 1,500 Feet LEGEND (2) On -Sale License (4) Off -Sale License Churches Parks Schools City Boundary Census Tracts it 4i °11 °863.03, Proposed Site 1168 S ST COLLEGE BLVD 71 171 T1 Tlil 1 11JT1TIIU1T1 �ti� 7/ i rj I11I "I III I 911 ifr BOYSEN PARK I- KATELLA HIGH SCHOOL JAMES GUINN ELEM SCHOOL PCN Proximity Map for 1168 S St College Blvd 1 inch 500 feet 0 125 250 500 750 Feet LEGEND 11� W E (5) On -Sale License (6) Off -Sale License Quarter Mile Buffer Churches Parks Schools City Boundary Census Tracts ROOSEVELT ELEM SCHOOL BOYSEN PARK 1 02 1 gi27 KATELLA HIGH SCHOOL 1 020 Proposed Site 1168 S ST COLLEGE BLVD JAMES GUINN ELEM S 11 Me WAGNER AVE JUAREZ PARK 00 72g1 gi2gi 1 BM (a f TT RD Map for 1168 S St College Blvd 4 1 inch 650 feet 0 125250 500 750 1,000 Feet LEGEND 11 Churches Parks Schools MUMMY L City Boundary Reporting Districts City of Anaheim 200 S. Anaheim Boulevard Anaheim, CA 92805 To whom it may concern: REQUEST BACKGROUND RICK A. BLAKE ATTORNEY AT LAW 2107 N. BRO ADWAY SUITE 106 SANTA ANA, CA 92706 TELEPHONE (714)667 -7171 FACSIMILE (714)667 -0477 SITE LOCATION AND DESCRIPTION November 18, 2010 RE: Letter of Justification for Conditional Use Permit 1168 S. State College Blvd., Anaheim, California ATTACHMENT NO. 6 This letter shall serve as the letter of justification for applicant's request to operate a night club with a Type 48 -On sale general liquor license at the abovementioned property. The location is a rectangular- shaped, 1.298 acre property located at the southeast corner of Almont and State College Boulevard, having frontages of 189 feet on the south side of Almont and 240 feet on the east side of State College Boulevard and is commonly known by its street address of 1168 S. State College Blvd., Anaheim, California. The applicant requests an approval of a conditional use permit to permit the operation of nightclub (venue) with a Type 48 -On sale general liquor license. This property was formerly operated as a restaurant, with a public dance hall permit, cover charge and the sale and consumption of alcoholic beverages. The applicant believes that the location and use thereon has been non operational and vacant for several years due to operational issues with the previous operate /owner which resulted in several calls for service and /or incidences which required police services. The surrounding land uses in the immediate area, which are primarily commercial and some residential, have remained relatively the same since the original construction of the building. Those include apartments to the north (across Almont Ave., office building(s) and commercial retail center(s) to the east, service station(s) and fast food restaurants to the south and west. THE APPLICANT The applicant, Juan Manuel Reynoso, has a proven track record with the City in operating a responsible nightclub venue. Most recently, the planning commission approved an increase in capacity of one of the applicant's nightclub venues located within the city with full support by the Anaheim Police Department. In fact, the applicant has been commended by the police department on the great job it has done with the location. The applicant now desires to fulfill his long time dream of providing the premier entertainment venue in not only Orange County, but all of Southern California. THE VENUE The premises is conveniently located between the 5 and 57 freeways off a major arterial street, S. State College Boulevard. The premise is in close proximity to the Disney Land Resort Area, Honda Center, Angeles Stadium and the Grove of Anaheim. After a preliminary demographic and location analysis the applicant feels this location is ideal for the type of venue being proposed as it is centrally located, close to other prominent tourist and destination points and situated in a heavily traveled area of the city. THE BUILDING/PROPERTY The premises itself is located on a 1.298 parcel of property with a two story building which is currently 18,956 square feet. The applicant intends to reduce the overall square footage of the building as reflected on the floor plans to 13,995 square feet. This shall include the first floor which shall measure 11,406 square feet and the second floor mezzanine measuring 2,589. The first floor will have a 30'x30' dance floor, a stage, 2 bars, offices, restrooms, studio room, kitchen, and customer seating (VIP seating). The second floor mezzanine will have customer seating (VIP seating) restrooms and a small bar for the patrons sitting on the second floor. The applicant has entered into a purchase agreement for the purchase of the property for One Million Nine Hundred Thousand Dollars ($1,900,000.00) and intends to spend an estimated Two Million Dollars ($2,000,000.000) in improvements to the building and site for a total investment of nearly Four Million Dollars ($4,000,000.00). The escrow for the purchase of the property is attached hereto for reference. The venue will be professionally designed and contain state-of-the-art video, audio and lighting equipment. The applicant plans to spare no expense in creating Orange County's premier nightclub venue and is currently taking bids from designers for purposes of creating such a venue. SECURITY The applicant currently has a security manual which has proven to be very successful in maintaining orderly and responsible operations at the applicant's other venue. The applicant may make some modifications to security manual after review by the Security Expert retained by the applicant so as to be site specific. Any such changes shall be provided to staff and/or the police department. The applicant intends to provide between 1520 security staff hired and trained by renowned nightclub security expert Robert Smith. The security personal will be employees of the applicant rather than an outside company and /or independent contractors and will be accountable to the applicant. With the assistance of applicant's security expert, applicant shall require mandatory training of all security personal on a bi- yearly basis. The applicant shall also provide the City, specifically the Anaheim Police Department, a schedule of said training and topics in advance and the Police Department will be welcomed to attend such training(s). In addition thereto, the applicant's security expert shall make random and unannounced site visits on a quarterly basis as part of the applicant's security goals in maintaining an orderly house. A more detailed description of the security policies, manual, training and inspection will be provided to the police department upon request. The location shall also be fully equipped with camera surveillance throughout the interior and exterior of the premises. Such surveillance videos shall be stored for a period of 15 calendar days (or longer should the Police Department so require) on a hard drive and made readily available to the police department or the city for review upon request. In addition to the security personal hired to work the interior of the premises, the applicant shall hire OC METRO, an outside security company to secure the exterior of the premises. This shall include contracting with OC METRO to provide 4 -5 outside security officers (to include a roving security vehicle which shall patrol the parking lot(s) and surrounding area) to provide security outside of the premises. Applicant interior security staff will also assist OC METRO when needed and/or at closing to ensure orderly disbursement of patrons. PARKING The parking requirement for the proposed mandates 17 parking spaces per 1,000 gross square feet. Therefore the parking required for the proposed uses is 238 (13,995 sqf 1000 x 17). The location has 95 parking spaces on site and authorization to use at least 205 parking spaces on the adjoining properties which are connected by common drive isle. The entire center of which this property is a part has in excess of 500 parking spaces, most of which are not used after normal daytime business hours. Additionally, there is a recorded easement by and between the properties, specifically permitting common ingress, egress and parking between the properties. The applicant shall take those necessary steps to ensure the safety of not only the patrons but also surrounding land uses and business owners. Desiring to maintain its strong relationship with the City of Anaheim Police Department the applicant has always taken the advise andlor recommendation by the Department very seriously and has acted expeditiously to try to implement any such suggestions. We look forward to meeting with staff and other city departments to discuss this project in further detail. There are no indications that the use will cause any undue burden upon the streets and highways or the traffic flow in the area. HOURS AND DAYS OF OPERATION The proposed hours of operation of the business will be during the hours of 7:00 pm to 2:00 am when all the surrounding businesses are closed. Therefore there is little to no adverse impact on the surrounding area or the citizens at large as a result of this use. CONCLUSION In conclusion, the applicant wants to remain and do business in the City of Anaheim. As such, the applicant is ready, willing and able to discuss any of the above issues or others that arise in the course of this process. The applicant is open to the suggestions and recommendation of the City and looks forward to working closely with staff and various departments with regard to this application /project Should you have any questions, comments or wish to discuss these issues please feel free to contact the undersigned. Enclosures Very ulyi yours, MICHAEL AYAZ Copyright C✓,luiy 2009, Nightclub Security Consultants XALOS Nightclub ATTACHMENT NO. 7 SECURITY TEAM POLICY PROCEDURE MANUAL Introduction Background Video Surveillance Host Ratio Chapter One Chapter Two Chapter Three Chapter Four Chapter Five Chapter Six Chapter Seven Chapter Eight Chapter Nine Chapter Ten Chapter Eleven Chapter Twelve Chapter Thirteen Chapter Fourteen Chapter Fifteen Chapter Sixteen Chapter Seventeen Chapter Eighteen Chapter Nineteen Table of Contents Mandatory Compliance Training Education Employee Conduct Employee Dress Code Narcotics Use or Possession Employee Equipment Working the Door Guest Service Identification Procedures Weapons Law Enforcement Off -Duty Law Enforcement Intoxicated Persons Unacceptable Guest Behavior Conflict Resolution and Use of Force Removal of Guests Report Writing Banned or 86'd List Injuries to Guests Introduction This Policy and Procedures (P &P) manual was created so that employees have clear and visible guidelines on how to deal with issues that may arise during business operations. Any employee who has a question concerning security, security procedures or issues surrounding the safety rules and regulations of Xalos should use this manual. It is to be used by all employees of Xalos as a reference and a guide. This guide should be viewed as a living and changing document, meaning that if a new, undefined issue is discovered, management should define the issue, the question or the incident and find a solution for that issue. This solution should then be added to this P &P manual. Any employee who discovers an issue that is not addressed in this manual can and should bring that issue to the attention of management. This Policy and Procedure manual is a valuable tool that can help employees and management keep Xalos a safe and enjoyable place to work and visit for all. 3 Background Security workers within the nightclub and bar industry have many areas of responsibility that can cause problems for themselves, the venue and the guests. Issues such as criminal law violations, beverage control administrative violations and civil law suits stemming from complaints lodged by guests are the areas that most affect employees within the nightclub and bar industry, especially the security personnel. This manual was designed to help security employees and other employees address, reduce and eliminate potential problem areas. If used correctly, this manual will help you with every -day duties as well as when out -of -the- ordinary issues arise. Additionally, if you use this manual correctly, it can be a valuable tool for your employer. This manual can help minimize complaints from law enforcement, from the California Alcoholic Beverage Control (ABC), the Anaheim Police Department (APD) and from disgruntled guests. Use it as a reference or use it for continued training, but whatever you do... Keep it and use it. 4 Electronic Video Surveillance Xalos uses video surveillance throughout the entire venue and in several locations outside. The video system will record incidents in and around Xalos. Coverage with the video system will include the entrances, the exits, the dance floor(s), the bars, the alcohol service wells, the hallways in and around the venue and the parking areas. Management will have the only access to the video monitoring system and will allow unlimited access to any agency of law enforcement. 5 Host Ratio Xalos has a capacity of 550 persons. Xalos will provide security hosts at a ratio of at least 1:50 or at least 1 host for every 50 guests as listed on venue capacity. Additionally, the overall capacity number using the ratio of 1:50 will further be complimented by guards positioned at the entrance and the exits. All entrance and exit guards will not be used in the 1:50 guard ratio; these are additional guards that are assigned specific tasks. 6 Chapter One A. Mandatory Compliance a. It is the responsibility of every security host employed by Xalos and every security host or security guard provided by any other contracted security company to learn, abide by and have a copy of Xalos security manual. Every guard will also be familiar with the content, instructions and/or expectations of any policy that applies to his /her specific assignment in and around Xalos. b. It is the responsibility of every security host employed by Xalos to maintain a current copy of the security manual. Additionally, if the manual is lost, stolen or misplaced, it is the security host's responsibility to obtain a new copy from their supervisor or manager immediately. c. Management expects input from Xalos security hosts on the content and possible changes to the current manual or to any new sections that may be added later. In the event of any significant changes to this P &P manual, management will supply the changes to hosts and provide any necessary training so the hosts may become familiar with the changes. d. Management may terminate any employee who violates, disregards or does not follow any of these guidelines. These guidelines are provided to help and protect employees, management and our guests. They must be followed. 7 Chapter Two A. Training Education a. All security hosts are required to attend all training events provided or sponsored for them by Xalos management, other training companies or other organizations. Training topics that improve your ability to work in the hospitality industry should be considered. Xalos will periodically offer training on topics such as identification reading, guest service, liabilities and fire safety. All employees are strongly encouraged to attend these sessions. b. Xalos will use the 2 -day, 10 -hour HOST Training Program for all security training it employees for the staff. The HOST Training Program has been reviewed by Xalos management and members of the Anaheim Police Department and has been accepted as the industry standard for security host training. c. All Xalos security hosts and management employees will attend the HOST Training Program within 60 days of being hired by Xalos. Each employee will be supplied with a certificate of completion from the HOST Training Company and will maintain a personal copy of their own. d. Xalos employees should advise management of any additional training that is completed on or off duty. Supplying a certificate of completion or diploma to management will ensure you are given credit during evaluation or promotion periods. 8 Chapter Three A. Employee Conduct a. ALL employees of Xalos understand and acknowledge that they must, per current State of California law, register and complete a state and national criminal background check with the California Department of Consumer Affairs. They further acknowledge that some criminal convictions that may be found may disqualify the employee from employment. This is state law and Xalos management has no ability to alter this fact. More information will be supplied to security host employees during the interview and hiring processes. b. Security hosts of Xalos agree not to commit any act that is in violation of any Federal, State or local laws. This applies to every employee while at Xalos or when they are not at work. Such violation could be considered a violation by ABC regulations, Anaheim Municipal Code and subject the security employee to termination. c. Security hosts of Xalos shall be permitted to work in an atmosphere free from discrimination and sexual harassment. Discrimination is unlawful. It creates a negative atmosphere that reduces work productivity, moral, and destroys professionalism. Security employees shall not discriminate against, nor sexually harass any Xalos employee, any Xalos entertainer, or any guest of Xalos. Such violation subjects the security host to discipline or termination. i. Discrimination is defined as: Unequal treatment of employees or applicants for employment based on their sex, race, color, ancestry, religious creed, national origin, physical disability, mental disability, medical condition (including cancer, HIV and AIDS) age, marital status, family care leave, political beliefs or sexual orientation. 9 d. It must be also be understood that you cannot predict how guests and fellow employees will take any joke or off -color comment that you may make. Do not make off-color comments thinking that only the person you are talking to can hear you and that this person will also not take offense to it. Simply put, do not make off-color comments while you are at work. e. Security hosts of Xalos agree not to use any Federal, State or locally illegal or illicit narcotic or drug. Such violation could subject the employee to immediate termination. Should Xalos management have reasonable suspicion that a security host might be under influence of an illegal substance, they may ask the employee to submit to a drug test. f. It is expressly prohibited for any security host to consume alcohol before or during their shift at Xalos. Should management have reasonable suspicion that a security host has consumed alcohol as they begin their shift or during their shift, they may ask the employee to submit to a breath test or other chemical test to determine the presence of alcohol. g. Security hosts of Xalos agree to follow the rules and regulations contained within this P &P manual. Any act or omission of any section of this manual is grounds for immediate termination. 10 Chapter Four A. Employee Dress Code a. Security workers are tasked with keeping guests safe while they enjoy Xalos. This task can be made easier if all security workers are easily recognizable by employees and guests. A modified uniform is mandatory for all security workers of Xalos. b. The uniform for security hosts of Xalos will consist of a readily identifiable color, button up or polo style shirt with the Xalos logo placed on the upper left breast pocket and the employee name tag on the upper right pocket. The name can be embroidered or pin on style name tag. c. All security workers uniforms must be neat and clean when they are working their shift. d. This uniform must not be accessorized with chains, patches, embroidery (other than employee name), or other clothing that may be interpreted by guests as excessive, aggressive or "macho'. e. Black gloves can be considered intimidating and are not to be worn while working as a security host. If hand protection is desired during security duties, opaque or latex gloves are acceptable forms of hand protection and will be supplied by management. For employees assigned to outside duties during winter months or during inclement weather, gloves can be worn after approval from management. 11 Chapter Five A. Narcotics Use and Possession a. Illegal Use or Possession by Guest 1. Any employee observing or having reason to believe that a guest is in possession of or is using any illegal drug, narcotic or controlled substance, MUST: i. Not initiate solo contact with guest alone. ii. Immediately notify a supervisor call for back -up security. iii. Wait for management's direction before proceeding. If management deems it appropriate to make contact with the guest, security hosts will assist where needed. iv. Complete a detailed written report of incident. v. If guest becomes violent or other circumstances arise, management should direct security to call local authorities. vi. If a guest is removed from the venue, security, using flashlights, should walk the area of where guest was contacted to see if any illegal substance was dropped on the floor. 2. Management will make the final determination to call authorities or not. b. Illegal Use or Possession by Employee or Contracted Employee 1. Use of any illegal drug, narcotic or controlled substance is absolutely prohibited while employed by Xalos. It must be remembered that any illegal drug activity within Xalos, by guests, employees or entertainers can subject the entire club to criminal or administrative sanctions. This activity will not and must not be tolerated by employees or management. 12 2. Drug testing may occasionally be requested of employees. Failure to either take the test or failure to pass the test may be grounds for immediate termination. c. Found Narcotics 1. If any illegal substances are found in or around the property of Xalos, management must be notified immediately. Managers have two options when suspected illegal substances are discovered. i. Option One 1. The employee discovering the item should immediately notify the nearest employee to come to their location so two people can observe the item and two people can be involved in securing the item correctly and safely, Having two people involved in this process will reduce the possibility of a single employee being accused of violating this policy or of stealing the drugs. Additionally, using two people will assist in proving that correct action was taken regarding the item found. 2. One of the employees must notify management to assist them. 3 The employee, with another employee or a manager will place the suspected item in a bag and lock it in the safe immediately. Again, two employees should observe this. The use of rubber gloves supplied by management will be used when handling suspected substances. 4 Anaheim Police Department (MPD) should immediately be called to notify them of the "Found Narcotics" on the premise. (Police non- emergency number is 714 -765- 1900.) APD has many duties and responsibilities 13 nightly. One of those responsibilities is to respond to calls from parents, citizens, businesses and employees who find illegal or dangerous items. Law enforcement agencies have a set policy on what their actions are regarding found narcotics. Calling APD to take possession of found narcotics WILL NOT affect your liquor license. Calling APD is also very important to show that the employees don't want illegal substances on their premise. 5. When APD responds, the officer(s) will be escorted to the office safe by management. The officers will remove the item and take possession of it. Document the officer's name and their identification number along with the time the officer took possession of the item. 6. If APD does not or cannot respond to the venue by the time the bar closes, the item will be destroyed by management and one other employee. This destruction is to be completed in the following manner; a. While using gloves, management and one employee will remove the item from the safe and destroy the item by flushing it down a toilet. APD will again be called to notify them that the bar is now closed and that two employees destroyed the item by flushing it down a toilet. ii. Option Two 1. If management deems appropriate, APD will not be called but instead, a manager and one employee will take 14 the substance to the nearest restroom and destroy it as detailed above in Option One. 2. If any illegal substance is found, a detailed report must be written explaining who discovered the item, what employee acted as a second witness, what the substance looked like, what it was packaged in, where it was discovered (dance floor, upper seating area, under bar kick rail, etc.), who called APD, what time they were called, if they ever responded and if they did, their names, and if they didn't respond, who destroyed the item and how it was destroyed. This documentation will assist Xalos management or ownership in defending themselves in any future civil or criminal cases involving any illegal substance, found or otherwise. 3. Employees are encouraged to attend training on narcotics and clubs drugs so they may better understand the dynamics of use, possession, packaging and what the drugs look like. 4. Under no circumstance will any employee of Xalos place any suspected found narcotics in their pocket or on their person while waiting for management or authorities to respond. Such action could possibly subject the employee to arrest for possession of that illegal substance. Chapter Six A. Employee Equipment a. To properly complete the duties of a nightclub security host at Xalos, hosts should have a minimum of equipment. This equipment may be used for safety or just to make the job easier for the host. Management has the final decision on what is allowable equipment. Although the job of a security host can be completed without such equipment, here is a simple list of possible equipment; i. Flashlight This light should not be the full sized, 4 -D Cell battery type, but instead, the smaller 2 -AAA battery Maglite® or the rechargeable Streamlight® Stinger i. These two flashlights are small enough for the host to put them in their pocket. Additionally, these lights are too small to use as an impact weapon. ii. Ultra Violet Light or Black- Light This light will be used to screen identification for holograms. iii. Radio's Communication is an important component for any security host. If used, each host must have a radio that can be clipped to their belt. This allows the hosts hands to be free for other tasks. Additionally, each host must have a functioning headset. All radios must be able to synchronize on one single frequency. Management has the final approval on all radios. b. Additional optional equipment might include a jewelers loop or negative magnifier and an identification recognition book. c. Under no circumstance will pepper spray, mace or any other chemical agent ever be carried by any Xalos security host during their work shift. Even if an employee has completed the state mandated training for chemical agents, thay are expressly prohibited from carrying or using it while employed at 16 Xalos. The unauthorized use and violation of this section could cause serious injury or death to employees or guests and subject the security host to immediate termination and or legal action. Additionally, no guest should be allowed to bring pepper spray into Xalos. d. Any other equipment that a host wants to use must be approved by Xalos management before it can be used on the premises. 17 Chapter Seven A. Working the Door a. There is no more important job than that of the security worker assigned to work the front of the house at the door. This position is normally the first contact guests have with Xalos. This employee must dress sharp and act as an ambassador for the venue. They are an extension of management and ownership. b. Additionally, they must attempt to stop problem guests before they enter the venue, they must stop over intoxicated persons from entering the club and they must stop minors from entering the venue with a bad or borrowed form of identification. There are several important points to remember about the door position. c. The duties of the employee working the door position at Xalos is to cheerfully greet guests, screen identification, screen guests for possible over intoxication, screen guests for appropriate attire, assist with monitoring capacity, review any VIP cards or VIP lists, to keep management abreast of any door complaints or issues with APD and if there are any violent issues within the club they may be called to hold the lines and notify APD for assistance. d. This position must never be left un- staffed. If the employee must leave this position, they are required to obtain a one -on -one employee relief or a manager to relieve them. e. In an emergency, this employee must remain at their post. Other security hosts can handle any problems while the front of the house security host can monitor the line or hold entry until the problem is resolved. f. The door position and the door walkway is not a place for socializing and hold informal staff meetings. Employees and entertainers are not to use this 18 location to gossip or hang out during slow periods of a shift. Management does not want guests to be intimidated by having to walk a gauntlet of hosts or employees as they enter the club. Although all employees should know the capacity of the venue, the front of house workers must know the total capacity of the club and the exact numbers they have in the venue if ever asked. 19 Chapter Eight A. Guest Service a. Xalos management is absolutely committed to providing the best possible guest service to our guests. To that end, all employees of Xalos should act as if they are "Owners" and "Management" in respect to dealing with guests and any problems they may encounter while at Xalos. The mind -set for every security host should be to satisfy the guest without compromising safety. b. All security hosts will snake every effort to "Welcome" guests of Xalos and should always "Be nice" and "Respectful" to guests, even if the guest is being asked to leave or is being escorted out of the venue. c. All Xalos employees are expected to resolve problems in a friendly, professional and courteous manner. If the problem cannot be resolved to the satisfaction of both the employee and the guest, the employee should seek immediate assistance from management. d. Xalos employees must remember that providing the best possible guest service will enhance the total experience for the guest while they are at Xalos and also aid the employee in the event they must intervene in a guest to -guest dispute. Your commitment to providing great guest service will determine whether many guests ever return to our establishment. e. Management will not tolerate any blatant discourtesy and disrespect towards guests of Xalos. Failure to treat guests with respect and failing to "Be Nice" may result in immediate termination of discipline of the employee. f. Employees are encouraged to take courses or classes on communication and body language. Having these two skills will allow security hosts to better provide positive and quality guest service. 20 Chapter Nine A. Identification Procedures a. Screening identification (ID) of a guest must be completed with the utmost of care. The screening process is the first line of defense in stopping under- age drinkers from entering Xalos. Additionally, screening ID is normally the first contact guests will have with any Xalos employee. The ID screener must make this first contact a positive one. b. When tasked with checking ID at the door position, security hosts will use an industry standard regarding who to screen. The following rules should be adhered to. i. Anyone appearing under the age of thirty (30) should have their ID screened. ii. Anyone who appears to be near 21 years of age should be asked their age. This question is important as any minor decoy used by ABC or APD must be honest about their age if asked. c. The ID screener must remember to be friendly and outgoing to the guests entering the bar. Instead of simply saying; "ID please the screener should attempt to have a small conversation with the person in front of them. Simple conversation practices such as asking the guest; "How you doing tonight or "Where are you coming from tonight or other simple practices such as giving them a nice comment about their clothes, their jewelry, etc. will often times help put the guest at ease and show them you are not an enemy. d. Identification that will be accepted at Xalos must be issued by a state or federal agency. The general guidelines of ABC will be followed with few exceptions. e. Xalos will accept the following forms of ID; 21 i. Current valid, non expired state driver's license. ii. Current valid, non expired state identification card. iii. Current valid, non expired military identification. Because current military ID's do not list the physical description on the rear, any question of the identity of the person should force the ID checker to ask for another form of valid ID. iv. Current, non -hand written United States Passports or Visa's. v. Federal Immigration Naturalization Services Identification (I- 551 or Green Cards) f. Screening of the actual ID will be done in a methodical and precise way. An example of a screening routine follows although employees may create and follow their own routine providing it follows Xalos procedures and covers the important points necessary. i. If the guest appears to be under that age of 30, ask for the ID, ii. If the guest appears to be near the age of 21, ask the person their age. iii. Have the person remove the ID from its holder (wallet or purse) iv. Once in the hand, feel the entire ID for nicks, cracks and scrapes. v. Look at the ID and do a cursory screening for any common security features used. vi. Look at the photo on the ID while looking at the person in front of you. Holding the ID in front of the persons face will aid in finding flaws commonly seen when a borrowed ID is used by a minor. Check the photo from top to bottom in this possible order; Hair line, Hair type or cut, Eye brows, Nose edges, Ears, Lips, Chin and Neck lines. vii. Look at the birth date and any red areas that might state the actual age of the person. 22 g. viii. Look at the expiration date. In 2000 the State of California passed a law allowing any liquor licensed establishment that is presented a fake, borrowed or otherwise bad form of ID to confiscate that ID. Per state law, if an ID is confiscated the following two events must take place; a. A receipt must be given to the guest who's ID is confiscated. This receipt can be of any style and can contain any information related to the ID and the guest. b. The ID must be sent to any law enforcement agency within 48 hours. (The law does not outline what law enforcement agency the ID must be sent to). h. When a security host or another employee discovers a borrowed, fake, or otherwise bad form of identification, the policy of Xalos is to confiscate the 1D from the guest and follow the procedures outlined above in section h. i. It must finally be remembered that all employees working at Xalos are relying on the expertise of the security staff assigned to the door to properly screen ID and catch the bad or borrowed ID's before they purchase alcohol. If a server provides alcohol to a minor, the server of the alcohol could be arrested or receive a citation, not the security host. 23 Chapter Ten A. Weapons a. The only weapons that will be allowed inside Xalos will be those brought in by on -duty uniformed or undercover law enforcement officials. b. Under no circumstance will any Xalos employee bring a weapon to work. A weapon will be defined as, but are not limited to; i. Handgun ii. Knives (Small pocket knives and blades within pocket "Leatherman" tools are authorized) iii. Switchblades or Butterfly knives iv. Saps v. Brass knuckles vi. Nunchukas vii. Any other object that could be used as a weapon such as a metal pipe or wooden club. c. Under no circumstance will any guest be allowed to bring any weapon into Xalos. d. If a weapon is detected on a guest, management will be summoned as will two or three additional security team members. e. Occasionally off -duty law enforcement officers will enter Xalos to enjoy the atmosphere as a guest. They may, on occasion, be carrying their off- duty weapon. It must be remembered that if this off -duty officer becomes intoxicated and gets into an altercation that weapon may inadvertently be displayed or used. Management must weigh the option to allow the off duty officer to enter with their weapon, to ask the person to lock the weapon in their car or to ask the person to leave the bar. 24 Management must be requested if any question relating to allowing off -duty law enforcement carrying a weapon to enter the venue arises. g. If a weapon is discovered abandoned anywhere on the property of Xalos, APD will be called to take possession of the weapon immediately. 25 Chapter Eleven A. Law Enforcement a. Having and maintaining a good working relationship with local law enforcement is absolutely necessary to run a safe establishment. It is required that all Xalos employees attempt to work with local authorities in every situation. b. Occasionally, uniformed or plain clothes law enforcement officials will want to enter Xalos to conduct routine police investigations or ABC premise inspections. These inspections are randomly completed by officials and normally are quick and painless. c. Security workers or the door person will never delay any official from entering Xalos for any reason. Such delay could subject the employee to arrest for delaying a peace officer in the performance of their duties. d. Door security workers should notify management immediately when officials arrive for an inspection or an investigation. e. One employee should "shadow" officials during their inspection or investigation on Xalos property. This "shadow" will not be involved in the inspection or investigation and will only be there to observe any issues that may arise. This "shadow" will prepare a detailed report of the police visit. The "shadow" will not take the place of a management representative who roust also stay with the official. The "shadow" should be open and conspicuous, not overt. They should be there to respond to questions and comments. f. By accepting the ABC liquor license, Xalos agrees that any area in the licensed premise is open to inspection. This includes all areas within the physical walls of Xalos. This includes offices, bars, storage areas, locker 26 Chapter Twelve A. Off-Duty Law Enforcement a. Occasionally off duty law enforcement will visit Xalos as a guest. They are to be treated with the same guidelines as any other guest. b. It will be entirely up to the management as to whether off -duty law enforcement officials will be allowed preferential treatment such as head of line placement or not paying the cover charge. Additionally, they will not be allowed to violate any Xalos policy or procedure such as carrying a weapon in the venue. c. In the event that an off -duty official is involved in any altercation, management must always consider calling APD to make a report or to deal with the official. Management must consider this issue and have a plan that has been discussed with security hosts. i. Occasionally, when an off -duty official is involved in an altercation they may identify themselves as a "cop" or "police This notification might change the way that the security host operates. However, if only a verbal notification is given and no other documentation is seen, management must be told immediately and the decision must be made to call APD or not. d. For issues related to weapons being carried into Xalos by off -duty law enforcement see Chapter Ten. 28 Chapter Thirteen A. Intoxicated Persons a. It is not against the law to be intoxicated or to allow an intoxicated person into a liquor licensed establishment such as Xalos, however, it is against the law for an obviously intoxicated person to be served alcohol or to allow them to consume alcohol. The law describes drunk in public as someone who is obviously intoxicated and cannot take care of themselves or is a danger to others. This definition is in the opinion of the actual law enforcement official when they step into Xalos and observe guests. b. Every Xalos employee, especially security staff and servers, are expected to know and be able to recognize the signs and symptoms of someone who is over- intoxicated from alcohol. Although the following list is not all of the possible outward signs to look for, here are some of the more common signs to help you identify someone who is over intoxicated; i. Slurred speech ii. Excessively loud iii. Bloodshot eyes iv. Abnormally loud v. Short or rude vi. Slack facial muscles vii. Un -kept clothing appearance (shirts incorrectly buttoned, zipper's unzipped) viii. Using tables or the bar for balance ix. Staggering or weaving when walking or standing x. Lack of balance c. If a security worker or door person suspects that a person may be over intoxicated before they enter the club the worker should politely offer to 29 d. If you turn a person away at the door for being over intoxicated, try to see if they have a friend to take them home. If they do not and are alone, offer them a taxi and be ready to call one for them. An additional step may be to offer them a bottle of water to go on the house. B. Stopping Service to Over- Intoxicated Persons (Cutting Off) a. It is not against the law to be intoxicated. However, it is against the law to be so intoxicated that a person is a danger to themselves or to other people. Generally, law enforcement observes the person, talks to them and then will make a fair determination as to whether the person is so intoxicated that they can't care for themselves. Xalos security hosts should do the same fair evaluation when deciding to stop service to a guest. b. Any employee may approach you and ask for you to assist with stopping alcohol service and asking a person to leave Xalos. This includes management, servers, bartenders and other security members. c. Caution must be taken when it has been determined that a person is over intoxicated and must have alcohol service stopped. Violence surrounding removing a guest's beer or drink is common if not done with tact and caution. d. Management must always be notified when a guest is being cut off and should always be present to observe the incident. e. Never approach any guest to stop alcohol service alone. Always have at a minimum of 2 hosts, preferably 3 or 4 hosts present. 30 f. If at all possible, try to have a friend of the intoxicated person assist you with stopping the person from drinking and leaving the venue. g. Any employee can make the determination to cut off a guest; however, security should always be called to manage the guest in case they become angry or violent. h. If a server, bartender or security host decides that a guest needs to be cut off; all other employees must respect that decision and back the decision of the first employee without question. Failure to do so will seriously undermine moral and could be cause for termination. i. It must be remembered that bartenders and servers may not always recognize that a guest is over intoxicated. Guests may have others order their drinks or they may be able to control themselves while the server or bartender talks to them. Security hosts must be vigilant and ever aware of over intoxicated persons and never be worried about approaching anyone to talk to them and if necessary, stop alcoholic service. j. As soon as possible after the guest is cut off, all other bartenders, servers, security workers and managers MUST be notified of the person being cut off so they can observe and keep the person from consuming any additional alcohol. k. Finally, when a person is cut off, Xalos employees may offer the person a free bottle of water, or possibly some sort of food and a taxicab. As you discuss this with the person it is always a good idea that if there is not a taxi already near Xalos, call one for the person anyway. If the over intoxicated person who is cut off decides not to take the taxi and wants to walk away or possibly drive home, all employees should feel comfortable to tell the guest that police will be called if they decide to drive intoxicated. I. Proper documentation must be completed whenever a guest is cut off or asked to leave. At a minimum, the information to collect for documentation 31 should be the guest's name, their clothing description and how they left the venue. 32 Chapter Fourteen A. Unacceptable Guest Behavior a. Occasionally a guest will be asked to stop a certain activity that may cause an incident with another guest or employee. These occasions can be very dangerous to security workers and must be handled with the utmost care. b. Besides over intoxicated guests, there are several other unacceptable behaviors that a guest may be doing. The following list should be used as a guide to help security workers decide whether to approach a guest; i. Throwing any object at other guests, employees or entertainers (Napkins, popcorn, straws, money, etc.) ii. Touching, grabbing or pinching any employee or guest. If an employee or guest is touched and feels it was inappropriate, they should be asked if they want the person to leave. If they say; "yes" and there is a reasonable basis to believe the accusation, that guest may be asked to leave. We want to create and maintain an environment free of sexual harassment by guests. iii. Being excessively loud or vulgar. iv. Trying to pick a fight. v. Arm wrestling. vi. Beating on any equipment. vii. Jumping on the bar, stage or other areas where guests are generally prohibited. viii. Any other activity that may cause harm to the guest, another guest, an employee or any entertainer. c. If the guest refuses to stop the offending behavior or is caught doing this activity again a management must be notified immediately. 33 d. If a guest is contacted for any of the described activity, they will be asked politely and with respect to stop the activity and told why so they understand. They should be told that if they don't stop this activity they would be asked to leave the bar. They should also be told that if they are caught doing this type of activity again they would be asked to leave the bar. e. As mentioned several times in prior chapters, never approach the guest alone to ask them to stop offending behavior. A calm guest can turn violent quickly without notice. f. If the activity has not stopped, notify management and request other hosts. Allow management to talk to the guest. All security hosts should act as "back up" for management. 34 Chapter Fifteen A. Conflict Resolution and Use of Force a. The use of force by security workers is the largest reason for criminal charges against hosts and also the largest reason for civil judgments against nightclubs, bars or restaurants. At Xalos, management demands that employees learn and use effective communication skills to lessen the possibility of any use of force b. By law, every liquor establishment must provide for a safe environment for any guest and for any employee who works there. To provide this safe environment, it is recognized by the management of Xalos that the limited use of force may occasionally and rarely be necessary. c. Xalos does not have a "Hands Off" policy, but instead, security hosts of Xalos will use communication skills, tact, restraint and control in dealing with potentially violent guests and only as a last resort will they put their hands on a guest. Xalos does have a no "Head Neck" policy. This means that security hosts will not grab any guest by the head or neck. This includes head locks, full nelsons, half nelsons, carotid restraints, choke holds and any other hold that involves the head or neck. The only exception to this rule is if grabbing the guest's head or neck was done to stop that guest from using force on another guest or employee of Xalos. Any security host that violates this policy may be subject to immediate termination. e. It is the absolute policy of Xalos that any employee who must use force must only use the amount of force necessary to stop a threat from a guest towards another guest or towards an employee. This means that if a security host is struck once and the guest then stops fighting, the security host may not strike the guest because the threat has already stopped. This 35 specific point must be completely understood by every security worker. If a security worker uses any excessive force after a guest has stopped aggression, that employee is subject to immediate termination and criminal liability. f. The following are specific areas that must be adhered to with regard to aggressive and combative guests where force is unavoidable. Security hosts should avoid the following: i. Strike any person in the face, head or neck unless this strike was to stop deadly force being used by the guest on another guest or another employee or themselves. ii. Use any force that goes beyond stopping the threat from the combative guest. iii. Use their flashlight as an impact weapon unless the use of this flashlight as a weapon was to stop the guest from using deadly force. Any security host who violates any portion of this section will be subject to immediate termination. g. When Xalos employees approach a fight between guests they must immediately start to yell to the guests; "Security, Stop Fighting This first level of force may help stop the fighters or anyone else that might want to get involved in the fight. This will also tell all involved what security hosts want done. h. Once security hosts place their hands on the combatants, they must continue to say; "Stop Fighting This further tells all involved what they want done. Additionally, when the fighters realize that security hosts are grabbing them, the fighters may decide to turn on security and fight them. i. After the fighters are separated and security hosts are trying to calm them down, security workers must be ready for the fighters to turn their 36 j. If local authorities are requested to assist Xalos employees, it is mandatory to obtain the officers name and identification number that was in charge before they leave. The best practice is to ask for a business card from all of the officials and make notes as to what their jobs were on the rear of the cards. k. Any use of force by any employee must be properly documented in writing. The security worker, using whatever level of force, must write a detailed report. If other employees assisted, they must also write a detailed report on their actions. All reports must be written before any employee leaves at the end of their shift. Failing to provide this report may subject the host to immediate termination. 1. Management must review all reports from employees for completeness and accuracy. If an employee has difficulty writing their report they may elect to have another employee write the report based on the employees statements. The employee will read the statement and then sign it stating that it accurately portrays what they saw, said or did. m. Occasionally, a guest may attempt to destroy Xalos property. The minimal force necessary must be used to stop this destruction of property. All proper force guidelines must be followed for stopping the guest who is caught destroying property. n. REMEMBER, any use of force must be considered a last resort. Using verbal commands and requests along with body positioning may stop many violent situations before they escalate. 37 38 Chapter Sixteen A. Removal of Guests a. It is understood by management that on occasion a guest will act in such a manner that dictates they be asked to leave Xalos. It is also understood by management that on occasion the guest will not desire to leave of their own accord and will have to be escorted out by security workers. Before a guest is removed physically, management MUST be notified to speak to the individual. b. If it is decided by Xalos employees that a guest must be asked to leave, security hosts will not act alone. It is expressly prohibited for any Xalos employee to attempt to remove a guest alone. c. .Management must be present for any action surrounding the removal of guests. d. If the guest decides to leave on their own, caution should still be taken to assure there is no surprise attack against any Xalos employees. Again, no guest will be escorted from Xalos by a single security host, even if they decide to leave on their own. Additionally, Xalos security hosts will not put their hands on the guest who is walking out of the venue on their own. e. If the guest is leaving on their own, employees are advised to stay a minimum of 5 feet behind guest. If traveling up or down stairs with the guest that is leaving on their own, stay a minimum of 6 feet behind the guest. Finally, never assume guests leaving on their own will not turn violent, always expect the worse. f. If the guest declines to leave on their own, a manager will attempt to convince the guest to leave on their own. The manager may tell the guest that they must leave or they may face charges of trespassing. 39 g. As a last resort, after management speaks to the guest, security workers may have to physically remove the guest with the least amount of force necessary. When this is done, care must be taken when placing hands on the guest. The potential for violence goes up when hosts attempt to place their hands on guests who are intoxicated or angry. h. When a guest is restrained and being escorted out, all extra security hosts not involved must know a guest is being removed. Extra hosts should work to clear a path or warn other employees working the door so they may stop the lines. This provides added elements of safety for the removed guest and employees. i. If, during removal of the guest, any other Xalos guest is assaulted, that guest must have the opportunity to make a private person's arrest before the assaulting guest is allowed to leave. j. If during removal of the guest, any Xalos employee is assaulted, that employee must have the opportunity to make a private person's arrest before the assaulting guest is allowed to leave. k. When any guest is removed from Xalos for any reason, a detailed report will be written and management will review the report for accuracy. I. If during the removal of any guest anyone involved is injured, medics should be considered to evaluate the injury. This is especially important for guests who are injured or who claim to be injured. m. It is also the policy of Xalos that nothing in this section or anywhere else in this policy manual that prohibits any security host or other employee from acting to stop a guest who is so combative or dangerous that their actions could cause great bodily harm or death to another employee or guest. This may include intervening and placing their hands on a combative guest immediately and before management or other hosts can be requested for assistance. 40 Chapter Seventeen A. Report Writing a. There are two methods to documenting incidents at Xalos. One is a full report and the other is an incident log. A report is larger, longer and contains much more information. An incident log is short, perhaps a paragraph or a few lines on a page. b. Incident logs will be used for minor issues such as an abandoned ID, guests caught drinking in the parking lot, refusing entry, and guests who are cut off and leave without any violence. There may be other incidents that fit this category that are not listed. c. The incident log may be an actual logbook or individual pages with incidents documented on them. However minor incidents are documented, it is the policy of Xalos to keep these minor incidents for 2 years. d. Report writing is a major component of limiting Xalos liability involving any incident. Management realizes that although important, report writing can be boring and tedious. Nevertheless, reports must be completed in a timely manner and with the utmost accuracy. Attempting to remember an incident 18 months after the incident is extremely hard and a well written report will aid the employee to remember important facts. e. All reports must be completed before the employee leaves at the end of their shift. f. Reports will be written for all of the following instances: i. Any fight or violent incident on any portion of Xalos property. ii. Any injury to any employee or any injury to a guest of Xalos. iii. Any use of force by an employee. iv. Any action taken by law enforcement in or on the grounds of Xalos. This action could be an arrest in the parking lot, a police 41 v. Any confiscated narcotics or any found narcotics on the premises of Xalos. g. If at all possible, due to the prevalence and the use of "Date Rape" drugs, a report should also be written if an Xalos employee is concerned for the welfare of an over intoxicated female guest leaving Xalos with a male guest. This report should contain as much information as possible surrounding any other guests she is leaving with and any vehicle she is leaving in. Additionally, this report should also contain all of the female guests' outward physical symptoms of intoxication or of being under the influence of any substance. h. Any employee who fails to use either incident logs or reports to document incidents or issues at Xalos is subject to immediate termination. If any employee is not sure if they should write a report or incident log, they should err on the side of the better, more thorough report. i. It is understood that on occasion, a security host of Xalos may not have the correct training or education to write a proper report. In these situations, another security host or manager may write the report for that employee as they tell the story to the writer employee. When the report is finished the first employee will read the report then sign their name to it along with a statement advising that the report was not written by them but was read and was exactly what they told the writer employee. j. Management will review all reports for accuracy and completeness. k. Reports will by kept for a period of two years. 42 Chapter Eighteen A. Banned or 86'd List a. This list is maintained by management and covers several serious offenses that can be committed at Xalos. Here are just a few of the offenses that can cause a guest to be banned for life or 86'd for life. i. Anyone who gets into a fight in the bar or in the parking lot. ii. Anyone who brandishes a weapon. This includes a gun, knife, bat, broken bottle, glass or any other weapon that can cause serious bodily injury. iii. Anyone caught using or selling any narcotic. iv. Any guest who refuses to pay an entertainer. (Management Decision) v, Any chronic drunk or any guest who after a certain number of drinks always becomes a problem to the staff of the bar. b. This list is not all inclusive and there may be other activities that may require banning a guest for life. All employees should have input to management as to whether a certain activity should cause a guest to be banned for life. c. Management reserves the right to ban a guest for a shorter period of time if that punishment is deemed appropriate for a certain guest. This shorter banned list will be judged on a case -by -case basis per each individual guest's activity. d. Any employee who knowingly allows any guest who has been deemed banned for life to enter Xalos without prior approval of senior management may be terminated. 43 e. No prior 86'd guest can be removed from the banned list without managements consent. No other employee has the authority to remove someone from the banned list. 44 Chapter Nineteen A. Injuries to Guests a. Management must be notified immediately about any guest or employee injury. b. If a guest is injured during an altercation with another guest or security, medical attention should be sought for the guest. If paramedic's respond and the guest refuses care, a detailed report should be completed by security. c. Security personnel are not doctors and will not make a determination as to whether the person has a serious enough injury to require medical care. Always err on the side of caution even when deciding to call paramedics for a guest, even if the person tells you they do not want assistance. This manual may be adjusted time to time as may be required. Maintain a full and accurate copy of this manual and know its contents. 45 General Incident Log Entries This form should be used for any non -form incident that occurs in and around your venue. Here are examples of what might be included on this form: Refusing entry to the club or bar for anything other than being over intoxicated. This entry should describe exactly why the person was refused entry; attitude, dress code, age, etc. Any patron or employee non violent injury. Slip and falls and slipping off chairs are just two examples of these types of entries. Calling a taxi for a patron. This entry should list the name of the cab company along with the cab number. If you know why the person took the cab, state that reason. Any lost or stolen property from in and around the club. The entry should be made to detail when patrons or employees have jackets, purses or any other item taken from their table or at the bar. List the persons name and the property missing along with any police report that was taken. Any found narcotics. Be sure to describe where the drugs were found, who discovered them, exactly what was done with them and if police were called to pick them up. Be sure to include the names of any and all employees or managers who witnessed the destruction of the narcotics. Any training received by employees. If a security employee attends a seminar at a tradeshow or convention, it should be put in the log for accountability and to continue to show due diligence by the venue employees. If the venue has a short informational session by local authorities, this should also be included. Any other incident that the employee thinks should be documented. General entries can be made by any employee and must be as detailed as possible. Be sure to include any other employees who witnessed the activity being entered in the log, including if management were notified. Do not forget to sign your entry. Copyright October 2004, Hospitality Security Alliance, Inc. Confiscated Identification Log Entries This form must be used for every form of identification that is confiscated by an employee. The upper portion of the form should be completed as thoroughly as possible. The bottom of the form is perforated so the employee may provide the person with a receipt of the confiscated identification. On the rear of the information section of this form is a lined narrative section for the employee to add any necessary comments about the confiscation incident. Another feature found on the rear of this form is the six (6) signature lines. Use these lines to have the patron sign the signature that is on the identification you suspect is altered or borrowed. If they refuse, confiscate the identification. If they sign the form, check the signatures to verify that the identification belongs to the person presenting it. Remember, it is important that employees attempt to obtain all necessary information from the patron presenting the bad identification. Additionally, if the patron insists that you call police to review your actions, call them and if they respond, be sure to complete the Law Enforcement Form. Finally, if law enforcement does respond to evaluate, you do not have to allow the patron into your venue, even if authorities give the identification back to the patron. This is your decision. Copyright 0 October 2004, Hospitality Security Alliance, inc. Police Fire Visit Log Entries Law enforcement and fire officials will visit your venue for many reasons. This form must be used to document any and all visits to your venue. This includes the parking lot of your club or bar. When law enforcement does come to your venue, attempt to obtain the officials name and ID number. In most cities, the official will freely provide you their information. However, in some towns, officials will refuse to give you any information. In these cases, obtain what you can; car number, number of officers and the exact time they were at your venue. Remember, even if the police officer or deputy simply pulls their car in your parking lot and just sits their, make that log entry. If they park their car across the street and then lean on their car and just watch your venue, make that log entry. These "innocent" visits can really hurt you at a civil hearing or beverage control administration hearing. It is also important to enter the correct time that officials arrive and leave your venue, as well as any action that they might have taken. Copyright 0 October 2004, Hospitality Security Alliance, Inc. Stopping Alcohol Service Log Entries Documenting when an employee stops alcohol service to a patron is extremely important for the venue's liquor license. Additionally, not cutting someone off can also hurt the venue. Any employee can cut a patron off. Any employee can make this log entry. It is very important to put as much information on the form as possible. Employees have been provided with several descriptors to help them document exactly what they saw to make them believe that the patron was over intoxicated and needed to be cut off. As with the other forms, the rear of this form contains an area to allow the employee to make additional comments if they cannot put all the necessary information on the front. This form can also be used if an employee decides not to allow a patron enter the club who is already intoxicated. This, again, will show due diligence. Finally, allowing law enforcement to review this form is a great way to show them you are doing everything you can to stop or minimize serving an intoxicated person. Copyright October 2004, Hospitality Security Alliance, Inc. Violent Incident Log Entries Important Note THIS FORM HAS BEEN REVIEWED BY AN ATTORNEY; HOWEVER, IT SHOULD BE REVIEWED BY YOUR OWN VENUE'S ATTORNEY. THIS FORM IS TO BE USED AND COMPLETED IN ANTICIPATION OF POSSIBLE LITIGATION AND OR A FORMAL COURT PRECEDING RELATED TO THE VIOLENT INCIDENT DESCRIBED. THIS FORM MUST BE COMPLETED AND SENT DIRECTLY TO YOUR VENUES ATTORNEY FOR REVIEW. This form is very important. If used correctly, the venues attorney can prepare to adequately protect the venues liability. Additionally, the employee who completed the form will be able to better recall events surrounding an incidence of violence months or years later. Finally, employees can list many items that otherwise may be forgotten or not written down at all. For this log, an act of violence might be, but is not limited to the following: A patron strikes another patron even if the second patron does not or cannot strike back, A patron strikes their spouse or significant other, even if the victim does not want anything done. A patron strikes any employee for whatever reason, even if the employee does not want anything done. A patron strikes a law enforcement officer who comes to assist employees. When completing this log, be as complete and as thorough as you can. Attempt to find independent witnesses who will give you their name and phone number. Attempt to get all employees who witnessed the incident and put their names in the log. List all of the "subject" and "victim" information you can in the information boxes. This includes the height and weight of the "subject" or "victim Finally, list any law enforcement officials who came to the venue. Remember to get their names and any report case numbers they may generate for the "victim Copyright October 2004, Hospitality Security Alliance, Inc. Dally Inspection Form This form was designed to provide management the chance to find problems before they occur. In many events that resulted in the injury or death of employees or patrons, the events could have been discovered if an inspection was completed and therefore, possibly prevented any injury or death. This form provides for a systematic inspection of important, potentially dangerous areas that must be checked on a daily basis. Here is a sample list of areas that should be inspected on a daily basis. Fire extinguishers hung correctly Fire extinguishers fully charged Fire escape doors unlocked Fire escape doors not blocked Exit signs intact Exit signs working An employee should be assigned the task to conduct this daily inspection as early in the evening as possible, preferably this employee should be the first employee to come in before the evening operations begin. Copyright August, 2008, Nightclub Security Consultants, Inc. Capacity Documentation Form Keeping track of the venue capacity, just like inspecting the venue daily, can truly save he venue trouble and money. Additionally, keeping track of and documenting the capacity can show the local authorities, especially the Fire Marshall, that the club management is doing the right thing. This form provides for door staff to log the number in and the number out as well as the date and time. This form must be kept to again, show due diligence. Copyright 0 August, 2008, Nightclub Security Consultants, Inc. Guest Witness Identification Form This form is extremely important to assist company attorneys and insurance investigators when they are putting a defense case together should the bar or club be sued. It must be remembered that any witness information is good and must be documented. This form will assist employees in gathering this information. It must be completed as best it can and if only partial information can be obtained, than that partial information must be obtained and documented Copyright August, 2008, Nightclub Security Consultants, Inc. GENERAL INCIDENT LOG ENTRIES Titre Date NAR TZV NC BENT Copyright V. November 2006 Hospitality Security Alliance, Inc. CONFISCATED IDENTIFICATION FORM DATE FORM cam ce I have attended over hours of training related to the screening and recognition of fake, altered, borrowed and Internet identification. I have screened over types of identification while working in the hospitality industry. I was working the DOOR, BAR or FLOOR and noticed a youthful appearing person. 1 asked them for their identification. 1 examined the identification and discovered that it was FAKE, ALTERED, BORROWED or an INTERNET counterfeit identification. After discovering the bad identification, I confiscated it and gave the subject a receipt. The actual name of the person was (Refused). The actual birth date of the person was (Refused). e on H. Law enforcement official's WERE or WERE NOT called. The law enforcement official's name and id number: Ha Copyright ©November 2006, Hospitality and Security Alliance, Inc. Law enforcement DID or DID NOT make an arrest or issued a citation. Citation Number SIGNATURE OF EMPLOYEE SIGNATURE OF PERSON ID BELONGED To TEAR ALONG DOTTED LINE Copyright ©November 2006, Hospifatity and Seeurity Alliance Inc. DATE CONFISCATED DENTIFICATION RECEIPT Date: Club Name: State the ID was from: Time: Name on ID: ID taken by: Club Phone: ID number: Date Of Birth on ID: SIGNATURE OF EMPLOYEE TAKING ID ADDITIONAL NARRATIVE When you suspect that a patron is using a borrowed identification, a sound method of confirming your suspicions is to have the person sign the name that is found on the identification. Complete the front of this 1. 4, 2. 5. 3. 6. Copyright ©Novemher2006, Hospitality and Security Alliance, Inc. FORM COMPL rED BY The subject was not allowed to enter because they exhibited the following symptoms of being over-intoxicated: OR The subject was approached because they exhibited the following symptoms of being over intoxicated: COOR1DINAT ION FELL FUMBLING HANDS LAX FACE /JAW STAGGERED SWAYED UNSTEADY WALK USED SUPPORT NAME: OTHER BEHAVIOR ANGRY ARROGANT BELLIGERENT CRYING FLUCTUATING FRIENDLY HAPPY INDIFFERENT STOPPING ALCOHOL SERVICE FORM BEHAVIOR LAUGHING SORRY SAD SCREAMING SPITTING URINATING YELLING OTHER CLOTH G DISHEVELED STAINED /DIRTY UNBUTTONED UNKEMPT UNZIPPED WET VOMITUS OTHER EYES BLOODSHOT DROOPY GLASSY GLAZED WATERY OTHER CIRCLE ALL THAT APPLY PUPILS CONSTRICTED DILATED SLOW OTHER SPEECH ABUSIVE LOUD MUMBLED RAPID QUIET TALKATIVE OTHER BREATH..' ALCOHOL MARIJUANA OTHER Based on the above listed symptoms and my face to face evaluation of the subject, I informed the person that they could not be served any further alcohol. The subject was allowed to stay on the premises. They were given a free non- alcoholic drink and told that when they are ready to leave, the bar would call them a cab. The subject was also informed that if they were caught drinking any alcohol, they would be asked to leave the bar immediately. The subject was offered a free bottle of water, a cab and asked to leave. The subject became angry and began to fight or argue. He was escorted off the premise or was detained. See Violent incident Log if necessary. PHYSICAL:'I.) SCR.wPT oiii OF SUBJECT BIRTH DATE: Copyright 0 November 2006, Hospitality and Security Alliance, Inc. HEIGHT: WEIGHT: HAIR COLOR: EYE COLOR: PANTS STYLE COLOR: SHIRT STYLE COLOR: CAR MAKE AND MODEL: LICENSE PLATE: LIST COMPANIONS (IF KNOWN) SIGNATURE NARRATIVE OF INCIDENT Copyright November 2000, hospitality and Security Alliance, hie. DATE Copyright November 2006, Hospitality and Security Alliance, Inc. POLICE FIRE INSPECTIONS FORM Law enforcement officials visit nightclubs and bars for several reasons. They visit for inspections, routine parking lot checks, calls for assistance by staff and many other reasons. It is extremely important to document these visits, even if there is no conversation with the officials and no action taken. Use this form for any beverage control agency, law enforcement, fire department or any local, state or federal official visit. Remember; document every visit, not just when the police are called for help, but every time they visit, for inspections or just for coffee. DID OFFICIALS ONLY VISIT? YES No NAME OF OFFICIAL: BADGE OR ID NUMBER: NAME OF OFFICIAL: BADGE OR ID NUMBER: NAME OF OFFICIAL: BADGE OR ID NUMBER: NAME OF OFFICIAL: BADGE OR ID NUMBER: CA VENUE? S/ No V HO CALL D THEM WERE OFFICIALS Mt LOYEE OR ATRON WHY WE9 E OFFICIALS CALLED TO YOUR VENUE? CONTIN[E ON BACK DID OFFICIALS CONDUCT AN INSPECTION? YES No WHAT KIND OF INSPECTION WAS COMPLETED? POLICE FIRE ABC HEALTH CIRCLE ONE DID THEY FIND ANY VIOLATIONS? YES No CONTINUE ON BACK OF FORM DID THE OFFICIA?_ ARREST ANYONE DID THE OFFICIALS SSUE ANY CITATIONS?r_ Copyright 0 November 2006, Hospitality Sc Security Alliance, Inc. WHY ';WAS ARREST AD CITATION CONTINUE ON •ACK OF FORM EMPLOYEE MAKING ENTRY ANAGER SIGNATURE CONTINUE ON REVERSE IF NECESSARY ADDITIONAL NARRATIVE DATE DATE Copyright November 2006, Hospitality Security Alliance, Inc. Copyright November 2006, Hospitality Security Alliance, Inc. BATE TIME: WIT ESS PIAME PHONE Victim Subject Height Weight Name: Phone Number: 1. Were they drinking? Yes No 2. What were they drinking? 3. Who served them? 4. Were they intoxicated? Yes No 5. What signs of intoxication did they show? 6, Were they injured? Yes No Photos of Injuries? Yes No Victim Subject Height Weight Name: Phone Number: 1. Were they drinking? Yes No 2. What were they drinking? 3. Who served them? 4. Were they intoxicated? Yes No 5. What signs of intoxication did they show? VIOLENT INCIDENTS FORM Hosi OG COMPLETED Y! Use this form for any act of violence towards any patron or any employee, including yourself. An act of violence can be described as any push, shove, strike or kick from one person to another. This includes by means of any weapon, such as a bottle, glass, chair, knife, firearm or anything else that is used by a patron to commit an assault. When completing this incident log, be sure to only document what you saw, heard or did. Do not guess or speculate on what you think occurred. Be as thorough as possible. Additionally, try to list any independent witnesses and their phone numbers that you located: ITNESSS NA PHONE List all employees that you remember being present at the incident: Victim Subject Height Weight Name: Phone Number: 1. Were they drinking? Yes No 2. What were they drInking? 3. Who served them? 4. Were they intoxicated? Yes No 5. What signs of intoxication did they show? To help separate individuals that are involved, the terms "Victim" and "Subject" will be used. The following questions should be answered as best they can about each patron involved: Victim Subject Height Weight Name: Phone Number: 1. Were they drinking? Yes No 2. What were they drinking? 3. Who served them? 4. Were they intoxicated? Yes No 5. What signs of intoxication did they show? 6. Were they injured? Yes No Photos of injuries? Yes No Were police called? Yes No If yes, put their names on reverse of this form. Was anyone arrested? Yes No If yes, put that information on the reverse of this form. Was a police report taken? Yes No Case number: NARRATIVE OF INCID NT Copyright November 2006, Hospitality Security Alliance, Inc. The above statement is true and accurate. EMPLOYEE PRINT NAME MANAGER PRINT NAME Continue on another page it necessary SIGNATURE SIGNATURE Copyright 0 November 2006, Hospitality Secui ity Alliance, Inc. DAILY SECURITY INSPECTION FORM AT THE BEGINNING OF EVERY EVENING SHIFT, A DESIGNATED SECURITY WORKER WILL CONDUCT A VENUE SAFETY INSPECTION. THIS SAFETY INSPECTION WILL INCLUDE THE FOLLOWING; ALL EMERGENCY EXITS UNLOCKED AND OPERATIONAL, INCLUDING ALL REAR DOORS. ALL EMERGENCY EXITS CLEAR OF OBSTRUCTIONS, INCLUDING ALL REAR DOORS. ALL EMERGENCY LIGHTING OPERATIONAL, ALL FIRE EXTINGUISHERS IN PLACE AND CHARGED, INCLUDING KITCHEN AND BEHIND THE BAR. OTHER DAY 2.. MONTH MONTH Copyright November 2006, hospitality and Security Alliance, Inc. MONTH ME 21:00 21 :30 22:00 22:30 24:00 00:30 1:00 1:30 21:00 22:30 24:00 00:30 21:00 21:30 22:00 22:30 24 :00 00:30 1:00 1 :30 CAPACITY RECORD FORM DD MM a YYYY IN OUT TOTAL Copyright November 2006, Hospitality Security Alliance, inc. IN Ti.ALS INITIALS GUEST ACCIDENT OR INJURY FORM If a guest is injured or has an accident resulting in an injury, an employee or a manager will be assigned to that guest until the guest leaves the venue or until they no longer need assistance. The employee assigned to the guest will render any minor medical aid and will complete the Guest Accident or Injury Form. When obtaining guest information, employees must be sure to advise the injured guest that all information will not be used for any other purpose other than to assist with any future investigation surrounding the incident. If guest refuses to provide any portion of the required information, the employee should document this in the missing space by writing "refused CCIDENT DATE_ TIME: GUEST NAME: GUEST ADDRESS: STREET HOME PHONE:( BIRTH DATE: CELL PHONE: IDENTIFICATION NUMBER: CITY STATE SOCIAL SECURITY NUMBER: HT: WT: SEX: M F GUEST EMAIL ADDRESS: PHOTOS OF INJURIES: YES NO BY WHO: WHERE DID THE INJURY/ ACCIDENT OCCUR? (SPECIFIC LOCATION, BAR, TABLE, PATIO, ETC.) MEDICS CALLED: YES No MEDIC NUMBER: PHOTOS OF AREA: YES No BY WHO: GUEST'S DESCRIPTION OF THE INCIDENT: Copyright C November 2005, Ilospitality Security Alliance, Inc. CONTINUE ON REVERSE IF NECESSARY ADDITIONAL NARRATIVE EMPLOYEE COMPLETING REPORT: EMPLOYEE SIGNATURE: MANAGER SIGNATURE: Copyright November 2006, hospitality Security Alliance, Inc, GUEST WITNESS INFORMATION FORM During any incident requiring documentation, employees should attempt to identify any possible independent witnesses to the incident. If discovered, the employee should attempt to obtain the witnesses contact information. It must be remembered that many guests may be reluctant to provide this information. Employees will never make a witness uncomfortable should they refuse to provide their contact information, instead, seek the guidance of management. When obtaining guest information, employees must be sure to advise all witnesses that their information will not be used for any other purpose other than to assist with any future investigation surrounding the incident. WITNESS NAME: DATE:...:' TIME: WITNESS ADDRESS: STREET Copyright November 2006, Hospitality Security Alli inc, CITY STATE HOME PHONE: CELL PHONE: WITNESS EMAIL ADDRESS: WHAT WITNESS SAW HEARD DID: EMPLOYEE MAKING ENTRY WITNESS SIGNATURE CONTINUE ON REVERSE IF NECESSARY ADDITIONAL NARRATIVE Copyright November 2006, Hospitality Security Alliance, Inc, DATE DATE Copyright 0 November 2006, Hospitality Security AIlia.r ce, Inc, PROPOSAL 501 W. Broadway, Suite A133 San Diego, California 92101 ATTACHMENT NO. 7 Phone: 619 997 -6144 Fax: 619 -216 -7188 Email: rsmith @nightclubsecurity.com Nightclub Security Consultants An annual contract with Nightclub Security Consultants to offer the following: Provide the State of California 16 -hour Proprietary Private Security Officer or PPSO training program to all Client's current employees. Provide the State of California 16 -hour Proprietary Private Security Officer or PPSO training program to all Client's future hired employees for length of agreement. Provide a single 5 -Hour Advanced HOST Security Role Play Training Program to all Clients security and management employees. Provide a single 3 -Hour HOST Server Training Program to all Clients employees who serve or dispense alcohol as part of their normal duties as well as to any other employee available. Provide a through "New Hire" training guideline for management. This guideline will cover vital areas of house policy, local and state regulations. Additionally, a tracking method will be created to verify newly hired employees have completed this training. Create a Client venue specific security policy and procedure manual. This manual will be provided with employee registration sign in forms to document each employees receipt of the manual. d Create a "Cloud Based" Liability Records Management System for Client. Additional information available. Visit the Client venue at least two times monthly for the 12 months of this agreement. These visits will be either overt or covert and will consist of employee evaluations regarding safe and legal alcohol service and to conduct modified minor decoy compliance checks on all employees. The legal service of alcohol will be the primary focus of the compliance checks. The compliance checks will be conducted in accordance with national industry standards and local protocols. NOTE: At no time will any underage person every handle or consume any alcohol beverage. If employees successfully pass the compliance check, they will receive immediate praise and re- enforcement of success. If employees fail the compliance check, they will receive immediate remedial training on the law, the house policy and the proper screening of identification as well as being advised that they may be subject to further in house discipline. Provide general premise liability inspections and evaluations surrounding the venue entrances, exits, night time issues, security equipment, cameras and placement, customer service and communication skills and on site guard positioning Provide ongoing management guidance related to local law enforcement, California Alcoholic Beverage Control Agency (ABC) or area Fire Marshall inspections, questionable incidents and direction on successfully approaching law enforcement for partnerships and alliances Provide continued telephone and personal consultation on any topic or issue related to Consultants duties or the responsible service of alcohol. This proposal is an annual program or agreement and carries a total fee of ten thousand, six hundred and eighty dollars ($10,580.00). Payments to be broken down as follows; An initial down payment of two thousand dollars ($2,000.00) and a 11 monthly payments of $789.09 dollars. Nightclub Security Consultants will invoice the venue during the last week of each month. Nightclub Security Consultants 501 W. Broadway Suite A133 San Diego, CA., 92101 Direct 619-997-6144 Robert Co Smith 501 W. Broadway Suite A #133 San Diego, California 92101 Office 619 997-6144 Fax 619 21.6 -7188 rsmith(nightclubsecurity.com www.nightclubsecurity.com I am the President and CEO of Nightclub Security Consultants and are home based in San Diego, California. We are the only company dedicated to reducing alcohol related violence, reducing premise liability, reducing liquor establishment insurance rates and reducing law enforcement visits through training and education of hospitality industry employees. I am also a 19 -year veteran San Diego Police Detective. As a police officer, I worked a variety of assignments including being a part of the design and implementation team for Operation Safe Crossing. This program addressed serious underage alcohol issues at the United States Mexico Border. Most recently, I was selected to sit as Chairperson for the California Department of Consumer Affairs sub committee tasked with creating the first job and duty specific state training curriculum for all State of California in -house security guards or "bouncers Our 11 -hour HOST Training Program was the model for the final approved training curriculum. My company's sole purpose is to make the hospitality industry safer for employees and patrons while creating a viable "standard of care" surrounding training, education and procedures for bar, nightclub and restaurant employees. ACADEMIC: BA in Criminology, San Diego State University, San Diego, 1994 CERTIFICATION: Court Expert, San Diego Superior Court Recognition, Packaging, Sales and Use of Narcotics; Methamphetamine, Heroin, Ecstasy, GHB and Rohypnol 1995 Court Expert, San Diego Superior Court Recognition of Fake, Altered and Internet forms of Identification —1996 Court Expert, Superior Court of California, County of Monterey Industry Standards of Care 2002 Court Expert, Superior Court of California, County of San Francisco Liquor Liability and Industry Standards of Care 2003 Court Expert, Superior Court of Florida, Brevard County Industry Standard of Care, Responsible Alcohol. Service and Alcohol Service Training and Education July 2007 Court Expert, Superior Court of Alaska, Anchorage Industry Standards of Care, Minor Decoy Compliance Checks August 2007 TEACHING INSTRUCTION: United States Navy, Diving Medicine 1986 to 1991 San Diego Regional Law Enforcement Academy, Community Policing Instructor 1996 to Present San Diego Regional Law Enforcement Academy, Problem Oriented Policing Instructor 1996 to Present Japanese Executives Association of San Diego, Personal Protection Safety Instructor 1997 to Present TiP'S Responsible Alcohol Server Training Instructor 1999 to 2001 California Department of Consumer Affairs, Guard Card Instructor 1999 to 2000 MEMBERSHIPS AFFILIATIONS: Department of Consumer Affairs, Bureau of Security and Investigative Services o Rules Committee Chairperson Proprietary Security Guard Training Standards Committee San Diego Peace Officers Association Latino Peace Officers Association National Bar and Restaurant Association National Association of Nightclub Security Employees American Society for Industrial Security Texas Restaurant Association World Association of Alcohol Beverage Industries San Diego Gaslamp Quarter Association San Diego County Regional Chamber of Commerce National Hospitality Resource Panel San Diego County Food Beverage Association California Restaurant Association Restaurant Association of Metro Washington, DC DC Nightlife Association Providence, RI Downtown Improvement District PUBLICATIONS ARTICLES: How to Safely Check Identification Nightclub Bar Magazine Club Drugs and Narcotics Nightclub Bar Magazine and Club Systems International Preventing Employee Theft Nightclub Bar Magazine Communication vs. Violence Nightclub Bar Magazine and Boston Globe Business Robbery; "Do's and Don'ts" Exotic Dancer Magazine Parking Lot Liabilities; "Ours Nightclub Bar Magazine Customer Service for Security Workers San Diego Union/Tribune Incident Logs and Report Writing Nightclub Bar Magazine How to Make Law Enforcement your Ally Exotic Dancer Magazine How and Why; A Guide to Policy and Procedure Manuals Nightclub Bar Magazine Nightclub and Bar Safety, Nightclub Bar Crisis Situations Multiple Publications; the Boston Globe, the Washington Post, the Miami Harold, the Charlotte Observer, the Dallas Morning News and Providence Journal. Monthly article covering security questions and concerns from the nightclub, bar and restaurant industry Nightclub Bar Magazine. Security Guard and Technology Advancements over 20 years Exotic Dancer Magazine Identification Scanning Technology Advances; 1985 to present —Nightclub Bar Magazine What is Acceptable Use of Force Exotic Dancer Magazine Females as Bouncers Newsweek Magazine July 2006 Dealing with Club or Bar Shootings December 2006 Exotic Dancer Magazine Handling Celebrity Clients March 2007 Exotic Dancer Magazine Preparing for a Robbery ApriI 2007 Adult Store Chain Magazine Wrist Bands and Age Verification Technology May 2007 Nightclub Bar Magazine Insurance Breaks for Alcohol Establishments —November 2007 Nightclub Bar Magazine Loss Prevention and the Retail Establishment February 2008 Adult Store Chain Magazine ID Verification Advances April 2009 Exotic Dancer Magazine Video Surveillance Systems April 2009 Exotic Dancer Magazine LEGISLATIVE WRITINGS: 2007 -2008 Appointed Chairperson for legislative committee in charge of the development of content, language, and the adaptation of the State of California Department of Consumer Affairs, Bureau of Security and Investigative Services Proprietary Security Act. The Proprietary Security Act is the outline for California's new license for all In House Security Guards. 2008 -2009 Assisted the Offices of Mayor David N. Cicilline from Providence, Rhode Island in the writing, creation, review, vetting and successful passing of In House Security Guard license program. SPEAKING ENGAGEMENTS: Nightclub, Bar and Restaurant Convention and Tradeshow 1999 to Present o Recognition of Club Drugs Narcotics o Recognition of Fake and False Identification o Report Writing and Incident Log Entries o Employee Theft and Reducing Liability o Club Safety and Keeping Customers Safe o How to Limit Nightclub, Bar and Club Liabilities o Creating a Policy and Procedure Manual o Creating an Employee Training Program o Preparing for a Lawsuit o Liability Insurance and the Assault Lawsuit o 3 -Hour Conflict Resolution and Liability Seminar Gentleman's Club Owners Tradeshow and Expo 2003 to Present Responsible Hospitality Institute General Sessions Panelist 2004 to Present Texas Restaurant Association Cantina Bar Convention and Tradeshow 2000 to 2006 o Club Drugs o Employee Theft and Lowering Loss o Bar and Club Safety o How to Limit Club Liabilities World Association of Alcohol, Beverage Industries June 2007 o Social Responsibility within the Alcohol Service Industry Wisconsin Tavern League Tradeshow 2005 Florida Restaurant Association Nightclub Bar Convention 2002 Mothers Against Drunk Driving National Youth Summit 2002 f LI OF ANAHEIM RF SEP 9 2002 TRAFFIC ENGINEERING DIVISION August 20, 2002 Ms. Joanna Torres El Vaguero Restaurant 1168 S. State College Blvd Anaheim, CA 92806 4 25 6'378 ce-tV 25q -124q Subject: PRE -FILE 2002 -00077 Dear Ms. Torres: 1. Existing Site Conditions TRAFFIC SAFETY ENGINEERS ATTACHMENT NO. 8 9 This report summarizes our traffic parking study of the El Vaguero Restaurant located within an existing retail center at the northeast corner of the intersection of State College Blvd and Ball Road, City of Anaheim. Existing C.U.A. for the El Vaguero Restaurant is expired. We trust that the findings of this parking study will be of inunediate assistance to the City of Anaheim in formulating their decision pertaining to the renewal of the El Vaguero Restaurant's C.U.P. The existing retail center is located at the northeast corner of the intersection of State College and Ball Road. It serves a mixture of retail shops, general offices, several hair and beauty salons, restaurants, a convenient store, a car -wash, Orange County Health Services, etc. The center contains a total of five buildings with approximately 87,949 square feet of floor area. The El Vaguero Restaurant occupies in one of these buildings. It is a restaurant with public entertainment and banquet facility. 3100 MARYWOOD DR. ORANGE, CA 92867 (714) 974 -7863 FAX (714) 974-1043 C U P NO. 2002 0 46 1 8 Page 2 Based on the City of Anaheim's Parking Code requirements, a total of 519 parking spaces will be needed for the entire shopping center. Detailed breakdowns of site uses are shown below: Building No. 1 (2093 -2145 Ball Road) Suite No. 2093 2097 95 2099 2101 2103 2105 2107 2109 2111 2113 2115 2117 2119 2121 2123 2125 2127 2129 2123 -41 2143 2145 Building No. 2 (2037 Building No. 3 (2035 Tenant Office Retail Pizza Hut Willy's Restaurant Styles Hair Salon Tailor /Dry Clean Vacant Chiropractor FeDex, Mailing Tobacco, Cigar Mexican Restaurant Clothing Store Chinese Restaurant Donut Shop Nutrition Video Accountant Office Laundromat Vacant Nail Salon 7 -1- Store Subtotal Ball Road) Car Wash E. Ball Road) Vacant (Suite 100) O.C. Health Services (Suite 200) Size Sq. Ft. 1050 1800 1525 1000 1200 1200 1200 1200 1380 1200 1423 983 1200 1200 1200 4200 1080 1580 8522 970 3000 35,113 Parking Ratio 4/1000 4/1000 8/1000 8/1000 5.5/1000 5.5 /1000 5.5/1000 6/1000 5.5/1000 5.5/1000 8/1000 5.5 /1000 8/1000 5.5 /1000 5.5/1 000 5.5 /1000 4/1000 5.5 /1000 5.5/1000 5.5 /1000 5.5 /1000 3100 5.5/1000 17.1 13,700 5.5/1000 76 14,000 4/1000 56 Parking Spaces Required 4.2 7.2 12.2 8.0 6.6 6.6 6.6 7.2 7.6 6.6 11.4 5.4 9.6 6.6 6.6 6.6 4.3 8.7 46.9 5.3 16.5 192.8 COP NO. 2002 0 4 6 8 Time of Day Number of Parking Spaces Occupied 844 -2002 (Wednesday) 8 -16 -2002 (Friday) 8 -17 -2002 (Saturday) 12:30 PM 149 185 169 3:00 PM 130 143 155 7:30 PM 65 78 113 Page 3 Building No. 4 (1168 S. State College) El Vaguero Restaurant 18,956 8/1000 Building No. 5 (2013 E. Ball Road) Teriyaki Bowl 2. Parking Utilization Surveys Total Building Areas Total Occupied Area Total Vacant Area 3080 8/1000 24.64 Total Parking Spaces Required 519 87,949 Sq. Ft. 64,527 Sq. Ft. 23,422 Sq. Ft. A total of 100 parking spaces are provided for the El Vaguero Restaurant in Building No. 4. A combined total of 520 parking spaces are available for the entire center. Presently, Suites No. 2107, 2123 -41 and 100 are vacant. Parking utilization surveys conducted for both weekdays and Saturday at various peak parking demand periods are tabulated below: C 'v y 12 3,0 0 ri See d o rn fed I fir 3 Urn O H e. CPA, A re a U. 4 0 t uses �'a VQc bu%lcl% Y 9f T w;!! n 18S-t- 23,.22 x 2 O' 3. Find�and Conclusions Z f —323 ood .r■ Our parking utilization surveys indicated a peak parking demand rate of 0.00287 space per square foot (185 spaces divided by 64,527 square feet) for all the presently occupied suites within the center. Based on this peak parking demand rate, the number of additional parking spaces required when the remaining three vacant units are fully occupied would be 0.00287 x 23,422 square feet 68 spaces. A total of 185 68 253 spaces or approximately 50% of the total 520 parking spaces will be required for the entire site to accommodate the peak parking demands. In conclusion, our parking study indicates that the existing 520 parking spaces are more than adequate to serve the peak parking demands of the entire center. CUP NO. 2002 0 4 6 1 8 54.117 Page 4 Section 18.06.080 of the Anaheim Parking Ordinance requires certain findings to be made before parking waivers can be granted by the Planning Commission. On the basis of this report, five findings must be made. The findings and specific responses are provided as follows: A. That the variance, under the conditions imposed, if any, will not cause fewer off street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonable foreseeable conditions of operation of such use. Response: The parking study indicates that the peak parking demand for off-street parking spaces is substantially lower than the quantity provided for the retail center. B. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use. Response: The retail center will not increase or compete for on- street parking because its parking lot has more than adequate parking to accommodate the center's peak parking demands. C. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use (which property is not expressly provided as parking for such use under an agreement in compliance with Section 18.06.010.020 of the Code) Response: The retail center parking lot is physically separated from other adjacent development. Furthermore, there is no reason to encroach other parking facilities because the center's parking lot provides ample parking as indicated in the parking analysis. D. That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off street parking areas or lots provided for such uses. Response: Traffic and parking congestion will not occur because the supply of parking spaces is almost double the anticipated project peak parking demand. CUP NO. 2002 0 4 6 1 8 Page 5 E. That the variance, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties, upon the public streets in the immediate vicinity of the proposed use. Response: The proposed project site is physically separated from the adjacent private properties. Therefore, there will be no impeding of traffic access into or out of adjacent parking lots. Should you need additional information or clarification of this parking study, please feel free to call us at any time. Very truly yours, C. Hui Lai, P.E. Traffic Engineer CUP NO. 2002 o 4 18 ATTACHMENT NO. 9 MEP Ln BAR 9 3 STEPS: 12" TREAD 7.5 HIGH 5' 0'/- 3 STEPS 12" TREAD 7.5" HIGH +225" AFF 3 STEPS: 12 TREAD 7,5" HIGH 3 STEPS 12" TREAD 6A7" HIGH 3 STEPS: 12" TREAD 7,5" HIGH NORTH 51' 3 STEPS: 12" TREAD 7, 5" HIGH LLLLLL ILL! O LLLLLL L L I W L_CL_L_CCL_CCL_ O 001300 LL 1 L L- L L_ L- L- L_ L_ L- L_ L_ L- L_CCL_WL WCI L LLLLLL L_ L_ I L LLLLLL L L I LLLLLL LL I L LLLLLL LC C L_ L_ L- L_ hC L_ W L L_ L_ W L- LLLLLL LL L L- L- L LLLLLL LLLLLL LLLLLL LLLLLL LLLLLLL OrrO/A</lo; L_L_CL_WCL_WCC L LLI I L C L_ L_ C I LL I LL LL L L_ L_ LEOAW LLBIEL. L_ BLL LL_ LL L L_ L C L- LL L L1 O LL L L_ I O L L_ L_ L_1 L_ 1 L_ LLI L L LL L_ C L_ L_ L_I I LI I I_ I �I LL_L_LL_L_L_ LL LLLLLLL L L- �I L_ C L_I C L_ L- I L_ I L LL L_ I L_ L L_ C 11111 C ‘111 L_ I L LL L L L_I LL :2 L- L_ I I I L_ L EXISTING EXT r( STRUCTURAL COL TYP, AS SHOWN 19' SMOKING PATIO SCALE: 1/8" 1' -Q +15" AFF 3 STEP& 12" TREAD 7,5" HIGH 9 10G' STAGE +30" ABOVE DIN, SLR, 05 BOOTH 0 12 2 11 3 1 0' 4 STEPS 12" TREAD C5" HIGH LOBBY S 10' OUTSIDE WAITING AREA 6' STAI R LANDING 3 STEPS: 12" TREAD 7.5" HIGH 3 STEP 12" TREAD 6C" HIGH AREA DESCRIPTION LOUNGE AREA DANCE FLOOR AREA LOUNGE SEATING COUNT LOBBY AREA BAR AREA KITCHEN AREA FRONT OFFICE OFFICE LIQUOR STORAGE EXTERIOR STORAGE DISC AREAS AUDIO ROOM DJ BOOTH SMOKING PATIO TOTAL OCCUPANT LOAD 3 STEPS 12" TREAD 7,5" HIGH +22,5" .AFF +22,5' AFF 21' WOMEN'S 5551500M LCH 0 C 2 OCCJDA\ NOTE: FIRST FLOOR CAPACITY MEZZANINE FLOOR CAPACITY TOTAL FLOOR CAPACITY 4 51555: 12" TREAD 5525" HIG 3 STEPS: 12" TREAD 7,5" HIGH TOTAL S0. FT KAUDIC ROOM 4 CD cn 0 0 0 O 0 0 BAH 42 1 1 7,116 0 0 Ida OAD CACJA SC FT, FACTOR 15' 1 1 1299 10 5' 10" 0FCCE 91 6 24 R:SCR0 FRONT OFFICE 12' 10 KITCHEN 11® 5' 10' CTOR 21 COOLER 1C' 2 1 I 7 lc U.1 n IP I 7 5 I 0 I I 1 MEN S H 00T N M C M 900.0 7 128 346 136 3 62 40,3.0 8 4750 200 3 0 0, 0 200 1 156.0 200 1 53,0 200 1 45.0 00 1 750.0 100 8 29.0 100 1 48,0 100 1 1,301.0 12,593.0 P 0\ DASD ON OCCUPANT LOAD FIRST FLOOR 15 475 1,036 1,035 32D 1,,350 00 O 00 00 0 00 00 00 AB 555 276 154 26068,0 N 00 00 00 00 00 /5' 0 A i 55 FT. FACTOR MEZZANINE FLOOR 1,90 15 129 200 200 200 200 200 100 100 100 8 0 00 0 0 00 0 11 184 2 3 2 320 OCCUPANT LOAD 08' NORTH MEZZANINE FLOOR SCALE: 1/0' 1' -0" 1 00' SITC ADDRESS JURISDICTION STE AREA BUILDING AREA SMOKING PATIO ZONING OCCUPANCY CONSTRUCTION ERE SPI NKLERS REQUIRED PARKING PROVIDED PARKING LANDSCAPING S DA Aa 11 E8 S. STATE COLLEGE BLVD., ANAHEIM, CA CITY OF ANAHEIM, CA 56,540 &F. (1,296 ACRES( 5,292 OOH 2,968 S.F. 14,260 55, 1,601 &S COMM P50 AL Al V YES EXISTING 238 300 (80 STALLS H REMAINDER FROM CENTER) (4 HANDICAP STALLS WITHIN 85 STALLS) 5,00 51. EXISTING RAILING OVER PONY WALL OVERLOOKING BOTTOM FLOOR, TYP. AS SHOWN 00 00 00 CTAI LAN 11' 7 6 0 Q 00 n 00 INC -5 W0 EN'S 1 EASTRDO I I 1 3' 38 ATTACHMENT NO. 10 M S ESTRPC L 4' 1 ti CR 00 00 LEH 00 00 00 00 00 O Q 0 0 0- 0- 0- 0- 0- 0 0 0 0- 0- 0 0- O U L 7 O 5 0 5 D Q CO D Q CD 0 1 1 00 0- 0 00 0- 00 0 0- 0 00 00 0 CELL Tcc O 00 00 0- 0- O 00 O 0- O I 0 0- C I I M o I T Ii 0' 0 00 00 00 50 0- 00 0- 0 0 0- 0 00 00 0 00 00 00 0- 0- ELLiC 00 Q 0- 00 00 0 00 00 5- 0 89° 56' 22" R 22.00' L 2924' 24.97' EX. LAND SCADIN G EX" POLE SIGN /LAND SOAPING EX_ LAND SOAPING EX, PUBLIC SIDEWALK 189.08' N 89 57' 38" W W L u D0 CoJ 15' EX LAND SCARING DEI LT] LD Q w N D o x II ci9 D° t EX. LAND SCAPING 24 23 EX. LAND 6 SCARING EX. LANDSCAPING 21' O LLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLL U LLL L L L 00 LLLL L L L LLLLL L L LLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLL L1_1_1_1_1_1_1_1_1_1_1_1_1_1_1_1_1_1_1_1_1_ L1_1_1_1_1_1_1_1_1_1_1_1_1_1_1_1_1_1_1_1_1_ LLLLLLLLLLLLLLLLLLLLLL E X. E LLS T. LLLLLLLLLLLLLLLLLLLLLL L LLLLLLLLLLLLLLLLLLLLL MAIN LLLLLLLLLLLLLLLLLLLLLL I LLLLLLLLLLLLLLLLLLLLLL SWITCH LLLLLLLLLLLLLLLLLLLLLL n LL LLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLL /III LLLLLLLLLLLLLLLLLLLLLL _i GEAR LLL L L L LL LLLL L L L LLLLL L L L LLLLLLLLLL LLLLL L LLLLLLLLLL 1-1-1-1-1- ILLLLLLLLIL LLL LLLLLLLLLLL LLLL 1 1 I PROPOSED 1 PROPOSED XALOS BAR DANCE CLUB EX- GAS STATION EX. AC PAVING 12U' 2" 10' 4" EX. AC PAVIN D 1 34' EX, LAND- SCAPING EX. 1 1 STALLS U' 0 88' EX. AG PAVING EX. 1 8 STALLS 8' 0" 144' 214,05 N 89° 55 16 EX. SWR C .O. 11 tJ ra P rol G' 8' 4 8' EX. FIRE DEPT. CONNECTION EX. G9 METER EX. 4 STALLS U' C9 0" 1 EX. TRASH ENCLOSURE 25' 1 EX. OFFICE BUILDING PARKING EX. OFFICE BUILDING EX SHOPPING CENTER A DA Aa SITE ADDRESS 1108 5, STATE COLLEGE BLVD ANAHEIM, CA JURISDICTION CITY OF ANAHEIM, CA SITE AREA 55 S.F. (0298 ACRES( BUILDING AREA 8,292 S F.+ 2,968 S.F. 14,260 S.F. SMOKING RATIO 1 S.F. ZONING COMMERCIAL OCCUPANCY Al CONSTRUCTION VN FIRE SPI NKLERS YES EXISTING REQUIRED PARKING 238 PROVIDED PARKING 300 (89 STALLS X REMAINDER FROM CENTER) (4 HANDICAP STALLS WITHIN 85 STALLS) LANDSCAPING 5,00 S.F. EXISTING S 9A S -SCR 0 02 BEING A DIVISION OF LOT 34, TRACT 4757, AS RECORDED IN BOOK 184, PAGES 47 48 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY CALIFORNIA, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA. v C 2 91 FREEWAY ALMONT AVENUE Y MAP BALL ROAD 212 XALOS BAR J99 JUA\ R27 \000 OWNER '168 2. 1 COJ262 BLVD, ANA 1, CA 7, CA NORTH NORTH CA LE! 1 20' -0" BA LD c 12 0 CD m O U 8 7 O C L o m D 0 A M 661 Q a os c:) 2121 881-66'71 9 9 us o n N i 60 C s 9 c 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765 -5139 Fax: (714) 765 -5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item.