The URL can be used to link to this page

PC 2011/03/28City of Anaheim Planning Commission Agenda Monday, March 28, 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 Call To Order -5:00 p.m. Pledge Of Allegiance Public Comments Consent Calendar Public Hearing Items Commission Updates Discussion Adjournment For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary. 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/planningon Thursday, March24, 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 planningcommission@anaheim.net e-mail address: H:\TOOLS\PC Admin\PC Agendas\(032811).doc 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. Public Hearing-Items ITEM NO. 2 TENTATIVE PARCEL MAP NO. 2010 -152 (DEV2010- 00188) Owner/ Applicant: City of Anaheim Redevelopment Agency 201 S. Anaheim Blvd. Anaheim, CA 92805 Location: 200 — 300 North Beach Boulevard The applicant proposes to establish an 11 -lot commercial subdivision to permit the construction of a future shopping center. Environmental Determination: A previously- certified Final Environmental Impact Report (EIR) for the West Anaheim Commercial Corridors Redevelopment Project Area, including an Addendum and its technical appendices, will serve as the required environmental documentation for the proposed project actions. Continued from the February 28 and March 14, 2011 Planning Commission meetings. Resolution No. Project Planner: David See dsee(o net 03/28/11 Page 2 of 11 ITEM NO. 3 CONDITIONAL USE PERMIT NO. 2010 -05537 VARIANCE NO. 2011 -04843 PUBLIC CONVENIENCE OR NECESSITY NO. 2010 -00074 Resolution No. Resolution No. (DEV2010- 00177) Owner: Paul Roper D & P, LLC 987 Enterprise Street Orange, CA 92867 Applicant: Juan Reynoso Reymart, Inc. 2107 North Broadway, Suite 106 Santa Ana, CA 92706 Agent: Mike Ayaz Rick Blake, Attorney at Law 2107 North Broadway, Suite 106 Santa Ana, CA 92706 Location: 1168 South State College Boulevard The applicant proposes to establish a nightclub in an Project Planner: existing commercial building, to include a Type 48 (Public David See Premise) ABC license, sale and consumption of alcoholic dsee(olanaheim.net 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 1 (Existing Facilities). Continued from the January 19, January 31, and February 28, 2011 Planning Commission meetings. 03/28/11 Page 3 of 11 ITEM NO. 4 CONDITIONAL USE PERMIT NO. 2010- 05503A Resolution No. (DEV2010- 00076A) Owner: Richter Farms Trust c/o Interpacific Asset Management 5505 Garden Grove Boulevard, Suite 150 Westminster, CA 92683 Applicant: Mariscos Licenciado Hector Manuel Lopez 1052 N. State College Boulevard Anaheim, CA 92806 Location: 1052 North State College Boulevard The applicant proposes to amend a previously- approved Project Planner: conditional use permit to permit the expansion of an existing Vanessa Norwood restaurant with the sale of beer and wine into an adjacent unit morwood(o1anaheim.net ( Mariscos Licenciado). 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. 5 CONDITIONAL USE PERMIT NO. 2011 -05549 PUBLIC CONVENIENCE OR NECESSITY NO. 2011 -00076 Resolution No. _ Resolution No. (DEV2011- 00009) Owner: Pauline Tedford 9071 Marchand Avenue Garden Grove, CA 92841 Applicant: James Bui 13882 La Bonita Avenue Garden Grove, CA 92843 Location: 2808 West Lincoln Avenue The applicant proposes to establish a convenience market Project Planner: with the sale of alcoholic beverages for off -site consumption. Scott Koehm skoehm(cDanaheim. 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). 03/28/11 Page 4 of 11 ITEM NO. 6 VARIANCE NO. 2011 -04844 Resolution No. _ (DEV2011- 00010) Owner/ Applicant: Ardith Fletcher 160 Valley View Place Anaheim, CA 92807 Location: 160 South Valley View Place The applicant proposes to permit the expansion of an Project Planner: existing single - family residence with a side yard setback Scott Koehm less than required by code. skoehm(o1anaheim.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. 7 CONDITIONAL USE PERMIT NO. 2011 -05548 Resolution No. _ (DEV2011- 00008) Owner: Lucero Stall LLC 16921 Newhope Street Fountain Valley, CA 92708 Applicant: Olivia Malone Orange County Martial Arts Academy 5715 Westfield Street Yorba Linda, CA 92887 Location: 4388 East La Palma Avenue The applicant proposes to establish a 2,484 square foot Project Planner: martial arts studio in the industrial zone. Della Herrick dherrick(o1 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). 03/28/11 Page 5 of 11 ITEM NO. 8 CONDITIONAL USE PERMIT NO. 2011 -05547 Resolution No. VARIANCE NO. 2011 -04848 (DEV2011- 00007) Owner: Newport Hill Corporation 2850 East Philadelphia Ontario, CA 91761 Applicant: Jeff DeJesse The Office 5365 Los Monteros Yorba Linda, CA 92887 Location: 4411 East La Palma Avenue Project Planner: David See The applicant requests to permit a batting cage and sports dsee(olanaheim.net fitness facility within an existing industrial building 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 1 (Existing Facilities). ITEM NO. 9 CONDITIONAL USE PERMIT NO. 2006- 05121C Resolution No. VARIANCE NO. 2011 -04748 (DEV2010- 00039C) Owner: Living Stream Inc. 2431 West La Palma Avenue Anaheim, CA 92801 Applicant: Phillip Schwartze The PRS Group 31103 Rancho Viejo Road, D -2260 San Juan Capistrano, CA 92675 Location: 2411 West La Palma Avenue The applicant requests to amend a previously- approved Project Planner: conditional use permit to expand an existing private nursing Vanessa Norwood and health care vocational college and to permit an vnorwood(cDanaheim.net additional freeway oriented wall sign with more wall signs than allowed by Code. Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). 03/28/11 Page 6 of 11 ITEM NO. 10 CONDITIONAL USE PERMIT NO. 3545G (DEV2010- 00192) Resolution No. Resolution No. Resolution No. Resolution No. Resolution No. CONDITIONAL USE PERMIT NO. 3606E (DEV2010- 00192) CONDITIONAL USE PERMIT NO. 3688B (DEV2010- 00192) CONDITIONAL USE PERMIT NO. 3817E (DEV2010- 00192) CONDITIONAL USE PERMIT NO. 2001- 04439B (DEV2010- 00192) CONDITIONAL USE PERMIT NO. 2010 -05545 Resolution No. (DEV2010- 00192) CONDITIONAL USE PERMIT NO. 2011 -05553 Resolution No. (DEV2011- 00023) Owner: Les E. Lederer Lederer Anaheim, Ltd. 9200 Sunset Boulevard Los Angeles, CA 90069 Applicant: Greg McCafferty Chessen -Stone & Associates 3420 -3A Calle Azul Laguna Woods, CA 92637 Location: 1440 South Anaheim Boulevard The applicant requests approval of the following in Project Planner: conjunction with the existing Anaheim Indoor Marketplace: David see reinstate a previously- approved conditional use permit to dsee(cDanaheim.net permit an automobile window, alarm, tire and rim, and stereo installation facility; reinstate a previously- approved conditional use permit to permit the sale and on -site consumption of beer and wine in an existing restaurant, reinstate a previously- approved conditional use permit to permit a private outdoor roller hockey rink and two soccer fields; reinstate a previously- approved conditional use permit to permit an indoor entertainment facility and television taping studio; reinstate a previously- approved conditional use permit to permit the sale and on -site consumption of beer and wine in an existing restaurant and add an outdoor dining area; permit a commercial indoor and outdoor recreational facility, including indoor amusement devices and an outdoor arcade within a tent structure; and, establish a new automobile sales facility. 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). 03/28/11 Page 7 of 11 ITEM NO. 11 ZONING CODE AMENDMENT NO. 2011 -00094 (DEV2011- 00003) Applicant: City of Anaheim 200 South Anaheim Blvd. Anaheim, CA 92805 Location: Citywide Proposes an amendment to Chapter 18.44 (Signs) of Title 18 of the Anaheim Municipal Code, modifying requirements for wall signs. Environmental Determination: The proposed action is exempt from the California Environmental Quality Act under Section 21080 of the Public Resources Code. Motion Project Planner: David See dsee(olanaheim.net Adjourn to Monday, April 11, 2011 at 5:00 p.m. 03/28/11 Page 8 of 11 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 4:30p.m.March 23, 2011_ (TIME)(DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE ANDCOUNCIL DISPLAY KIOSK SIGNED: 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 thepublic 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 madein 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 03/28/11 Page 9of 11 The City of Anaheim wishes to make all of its public meetings and hearingsaccessible 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 inappropriate 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 públicas accesibles a todos los miembros del público. La Ciudad prohíbela discriminación 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 estarán disponible en formatos alternativos apropiados a las personas con una discapacidad, según lo requiere la Sección 202 del Acta de Americanos con Discapacidades de 1990 (42 U.S.C. Sec. 12132), las normas federales y reglamentos adoptados en aplicación del mismo. Cualquier persona que requiera una modificaciónrelativa a la discapacidad, incluyendo medios auxiliares o servicios, con el fin de participar en la reunión pública podrá solicitar dicha modificación, ayuda o servicio poniéndose en contacto con la Oficina de Secretaria de la Ciudad ya sea en persona enel 200 S Anaheim Boulevard, Anaheim, California, o por teléfono al (714) 765-5139, antes de las 10:00 de la mañana un día habil antes de la reunión programada. 03/28/11 Page 10of 11 S C H E D U L E 2011 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 03/28/11 Page 11of 11 ûèèûùôï÷îèîí úç÷îûìûêñùóèãðóïóèé ùõ ûîûô÷óïùóèãðóïóèé ú÷éèæûðç÷óîî éçóè÷é ùõ æûùûîè ùõ æûùûîè ùõ êï æûùûîè æûùûîè ùõ æûùûîè êï ø÷æ ùõ ùõ æûùûîè æûùûîè æûùûîè ùõ æûùûîè êï æûùûîè ùõ æûùûîè êï êóùôïíîèé ûìûêèï÷îèé êï øç ûìûêèï÷îèé øç ùõ é÷êæóù÷ éèûèóíî ùõ û×ÊÓÛÐìÔÍÈÍ ïÛÃ ûìîÉ éÇÚÒ×ÙÈìÊÍÌ×ÊÈÃ ø÷æ ¦ îÍÊÈÔú×ÛÙÔúÍÇÐ×ÆÛÊØ ûèèûùôï÷îèîí úç÷îûìûêñùóèãðóïóèé ûîûô÷óïùóèãðóïóèé û×ÊÓÛÐìÔÍÈÍ ïÛÃ ûìîÉ éÇÚÒ×ÙÈìÊÍÌ×ÊÈÃ ø÷æ ¦ îÍÊÈÔú×ÛÙÔúÍÇÐ×ÆÛÊØ ßÌÌßÝØÓÛÒÌ ÒÑò î 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 ûèèûùôï÷îèîí êé éöê êé êé êé êé êé êé êé éöêéöêéöê éöêéöê éöê éöê êé éöê êé éöê êé êé êé êé êé êé éöê éöê éöêéöê éöê éöê êï êï êïêï êï ûìèé öíçêìð÷ä öíçêìð÷äöíçêìð÷ä öíçêìð÷ä øç êï éçùûéûûðïíîèåííøé ùõ ûìèé ê÷èûóð øç êï êï ùõ ûìèé ùõ öíçêìð÷ä úçéóî÷éé øç ø÷æ ùíðð÷õ÷ ê÷éèûçêûîè ó ó ê÷èûóð ûçèí ó èêçùñ ê÷èûóð ìûêèé ùõ ê÷èûóð ó ùõ é÷êæóù÷ é÷êæóù÷ éèûèóíî éèûèóíî ó ùõ ó é÷êæóù÷ é÷êæóù÷ èóð÷ éèûèóíî éèûèóíî éèíê÷ ùõ ê÷éèûçêûîè êï åûè÷êêóøõ÷ ó ûìûêèï÷îèé ù÷îè÷êìíóîè ó øç úçéóî÷ééìûêñ ùõ èóð÷éèíê÷ ê÷èûóð û×ÊÓÛÐìÔÍÈÍ ûÌÊÓÐ ûìî éÇÚÒ×ÙÈìÊÍÌ×ÊÈÃ ø÷æ éÍÇÈÔéÈÛÈ×ùÍÐÐ×Õ×úÍÇÐ×ÆÛÊØ ûèèûùôï÷îèîí û×ÊÓÛÐìÔÍÈÍ ïÛÃ ûìî éÇÚÒ×ÙÈìÊÍÌ×ÊÈÃ ø÷æ éÍÇÈÔéÈÛÈ×ùÍÐÐ×Õ×úÍÇÐ×ÆÛÊØ ßÌÌßÝØÓÛÒÌ ÒÑò î 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 ûèèûùôï÷îèîí êï êï ùõ êï öíçêìð÷ä öíçêìð÷ä ê÷èûóð èêóìð÷ä êï êé öíçêìð÷ä êé éöê éöê êï êï èêóìð÷ä êï öíçêìð÷ä öíçêìð÷ä êï ê÷éèûçêûîè êï öíçêìð÷ä êï ùõêï öíçêìð÷ä êé ê÷éèûçêûîèöíçêìð÷ä êé éöê éöê ùõ ê÷èûóð ùõ ø÷æ êï ê÷èûóð êé éçïï÷êôóððæóððûõ÷ éöê ûìèé øç ùõ ùõ ùõ ê÷èûóð ê÷èûóð êé ê÷èûóð éöê êï è ùõ êé ùõ êï ûìèé öíçêìð÷ä ê÷èûóð éöê ï÷øóùûðíööóù÷ öíçêìð÷ä øç êé éöê êé ùõ è êé éöê ê÷èûóð éöê è éöê ìê÷éùôííð øûãùûê÷ û×ÊÓÛÐìÔÍÈÍ ûÌÊÓÐ ûìî éÇÚÒ×ÙÈìÊÍÌ×ÊÈÃ ø÷æ îÍÊÈÔéÈÛÈ×ùÍÐÐ×Õ×úÍÇÐ×ÆÛÊØ ûèèûùôï÷îèîí û×ÊÓÛÐìÔÍÈÍ ûÌÊÓÐ ûìî éÇÚÒ×ÙÈìÊÍÌ×ÊÈÃ ø÷æ îÍÊÈÔéÈÛÈ×ùÍÐÐ×Õ×úÍÇÐ×ÆÛÊØ ÅÜÎßÚÌÃ ßÌÌßÝØÓÛÒÌ ÒÑò î RESOLUTION NO. PC2011-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING A CLASS 1,CATEGORICAL EXEMPTIONAND APPROVING CONDITIONAL USE PERMIT NO.2010-05503A (DEV2010-00076A) (1052NORTHSTATE COLLEGE BOULEVARD) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2010-05503A,toexpand an existing restaurant with the sales of beer and wine for on-premises consumption intoan adjacent unitin an existing commercial centerproposedfor 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 commercial building located in the Commercial General (CG) zone and the Anaheim General Plan designates the property for Neighborhood Commercial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of AnaheimonMarch 28,2011at 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 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 hearingwith respect to the request for a conditional use permit, does find and determine the following facts: 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.Therequest to expand an existing restaurant with the sales of beer and wine for on-premises consumption into anadjacent unit in the C-G (General Commercial) Zone is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section18.08.030.040.0402(Conditionally PermittedUses)of the Zoning Code. 2.The requesttoexpand an existing restaurant with the sales of beer and wine for on-premises consumption intoan adjacent unitwould not adversely affect the surroundingland uses and the growth and development of the area in which it is proposed to be locatedbecause the property is currently developedwithacommercial shopping centerand the proposed use is compatible with the surrounding area. -1-PC2011-*** 3.The size and shape of the siteis adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the health, safety and general welfareof the publicbecausethe property is currently improved with acommercial centerwith no proposed expansion. 4.The traffic generated by allowing the expansion of an existing restaurant with the sales of beer and wine for on-premises consumption intoan adjacent unitwould not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the areabecausethe number of vehiclesentering and exiting the site are consistent with existing restaurantand permitted businesseswithin the commercial center. 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 and will provide a land use that is compatible with thesurrounding area. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, 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. 2010-05503Asubject 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. BE IT FURTHER RESOLVED, that thispermitisapproved without limitations on the duration of the use. Amendments, modifications and revocations of thispermit 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 approval of thisapplication constitutes approval of the proposed request only to the extent that itcomplies 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 therequest 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 thisdiscretionary case application within 15 days of the issuanceof the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. -2-PC2011-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting ofMarch 28, 2011. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 “Zoning Provisions -General” of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held onMarch 28, 2011,by the following vote of the members thereof: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSENT:COMMISSIONERS: th IN WITNESS WHEREOF, I have hereunto set my handthis 28day of March, 2011. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3-PC2011-*** -4-PC2011-*** ÛÈØ×Þ×Ì Þ ßÓÛÒÜÓÛÒÌ ÌÑ ÝÑÒÜ×Ì×ÑÒßÔ ËÍÛ ÐÛÎÓ×Ì ÒÑò îðïðóðëëðíß øÜÛÊîðïðóðððéêß÷ Í×ÙÒÛÜ ÒÑò ÝÑÒÜ×Ì×ÑÒÍ ÑÚ ßÐÐÎÑÊßÔ ÎÛÊ×ÛÉ ÞÇ ÑÚÚ ÞÇ GENERAL 1At all times when the premise is open for business, the Police premise shall be maintained as a bona fide restaurant and shall provide a menu containing an assortment of foods normally offered in such restaurant. 2The gross sales of alcoholic beverages shall not Police exceed 40 percent of the gross sales of all retail sales during any three (3) month period. The applicant shall maintain records on a quarterly basis indicating the separate amounts of sales of alcoholic beverages and other items. These records shall be made available for inspection by any City of Anaheim official when requested. 3The sale of alcoholic beverages for off premises Police consumption shall be prohibited. 4There shall be no exterior advertising of any kindor Police type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 5That subject alcoholic beverage license shall not be Police exchanged for a public premise (bar) type license nor shall the establishment be operated as a public premise as defined in Section 23039 of the Business and Professions Code. 6There shall be no admission fee, cover charge, nor Police minimum purchase required. -5-PC2011-*** Í×ÙÒÛÜ ÒÑò ÝÑÒÜ×Ì×ÑÒÍ ÑÚ ßÐÐÎÑÊßÔ ÎÛÊ×ÛÉ ÞÇ ÑÚÚ ÞÇ GENERAL 7The parking lot shall be equipped with lighting of Code sufficient power to illuminate and make easily Enforcement discernible the appearance and conduct of all persons on or about the parking lot. 8All doors serving subject restaurantshall conform to Fire the requirements of the Uniform Fire Code and shall be kept closed and unlocked at all times during hours of operation except for ingress/egress, deliveries and in cases of emergency. 9There shall be no live entertainment, amplified music Police or dancing permitted on the premiseat any time unless the properpermits have been obtained from the City of Anaheim. 10There shall be no coin-operated telephones on the Code property located outside the building and within the Enforcement control of the property owner/applicant. 11The restaurant shall operate no later than 12:00 a.m. Police each day of the week. 12Subject property shall be developed substantially in Planning 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 as Exhibit No. 1 (Site Plan) and Exhibit No. 2 (Floor Plan). -6-PC2011-*** ßÌÌßÝØÓÛÒÌ ÒÑò í ßÌÌßÝØÓÛÒÌ ÒÑò ì ßÌÌßÝØÓÛÒÌ ÒÑò ë ÔÈÈÌ æÛÎ×ÉÉÛòìõ ÍÖìÛÕ× 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 ßÌÌßÝØÓÛÒÌ ÒÑò ï ÎÓóì Ô×ÒÜßÔÛ Ê×ÔÔß ÝóÙ ßÐßÎÌÓÛÒÌÍ ÎÓóì ÍÛÒ×ÑÎ ßÐßÎÌÓÛÒÌÍ èè ÜË ÒÑÎÓßÒÜÇ ïïè ÜË ßÐßÎÌÓÛÒÌÍ éð ÜË ÝóÙ ÎÓóì ÎÛÌß×Ô ÞÛÔ ß×Î ÓßÒÑÎ ßÐßÎÌÓÛÒÌÍ ÝóÙ êë ÜËÝóÙ ÝóÙ ÝóÙ ÎÛÌß×Ô ÍÛÎÊ×ÝÛ ÎÛÌß×Ô ÎÛÌß×Ô ÍÌßÌ×ÑÒ É»¬ ß²¿¸»·³ Ý±³³»®½·¿´ Ý±®®·¼±® É»¬ ß²¿¸»·³ Ý±³³»®½·¿´ Ý±®®·¼±® Î»¼»ª»´±°³»²¬ ß®»¿ Î»¼»ª»´±°³»²¬ ß®»¿ çðù ÝóÙ ÎÓóì ÝóÙ ÝóÙ ßÒßØÛ×Ó ÚÑËÎÐÔÛÈ ÎÛÌß×Ô ÜÛÊ îðïïóððððç ÒßÌ×ÑÒßÔ ÎÛÌß×Ô ×ÒÒ ÝóÙ ÎÛÌß×Ô ÎÓóí ÎÓóì ÍÚÎ Ê×ÔÔß ÜÛÔ ÍÑÔ ßÐßÎÌÓÛÒÌÍ ÎÓóì ÎÓóí îðé ÜË Ê×ÔÔß ÍßÓÑß ÍÚÎ Ì øÓØÐ÷ ßÐÌÍ ÓÑÞ×ÔÛØÑÓÛ ÐßÎÕ ìê ÜË ÎÓóí ÌÑÉÒØÑÓÛÍ ïì ÜË ÎÓóì ÉÛÍÌÜßÔÛ ßÐÌÍ É»¬ ß²¿¸»·³ Ý±³³»®½·¿´ Ý±®®·¼±® Ì ïê ÜË Î»¼»ª»´±°³»²¬ ß®»¿ ÊßÝßÒÌ ÑòÝòÚòÝòÜò ÑòÝòÚòÝòÜò Ì ÍÝØÉÛ×ÌÆÛÎ ÛÔÛÓÛÒÌßÎÇ ÍÝØÑÑÔ É ÌÑÔß ßÊÛ ðëðïðð p ß»®·¿´ Ð¸±¬±æ Ó¿§ îðïð Ú»»¬ ßÐÒæ ïîêóðïîóðè Éò ÝÎÛÍÝÛÒÌ ßÊÛ Í«¾¶»½¬ Ð®±°»®¬§ Éò Ô×ÒÝÑÔÒ ßÊÛ ÜÛÊîðïïóððððç Éò ÞÎÑßÜÉßÇ îèðè É»¬ Ô·²½±´² ßª»²«» ïïðèí ûèèûùôï÷îèîí û×ÊÓÛÐìÔÍÈÍ ïÛÃ ûìî åùê÷éù÷îèûæ÷ éÇÚÒ×ÙÈìÊÍÌ×ÊÈÃ åðóîùíðîûæ÷ ø÷æ åúêíûøåûã å×ÉÈðÓÎÙÍÐÎûÆ×ÎÇ× [DRAFT]ATTACHMENT NO. 2 RESOLUTION NO. PC2011-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTIONIS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATIONANDAPPROVING CONDITIONAL USE PERMIT NO. 2011-05549 (DEV2011-00009) (2808 WEST LINCOLN AVENUE) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2011-05549to permit aconvenience storewith the sales of alcoholic beveragesfor off-site consumptionin conjunction with a Request for Determination of Public Convenience or Necessity No. 2011-00076for 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 acommercial centerlocated in the C- G(General Commercial)zoneandthe Anaheim General Plan designates the property for Low- Medium Density Residential land uses;and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of AnaheimonMarch 28,2011, 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 storeand to permit the sales of alcoholic beveragesfor off-site consumptionis properly one for which a conditional use permit is authorized under Code Section Nos. 18.08.030.040.0402(Primary Uses,Commercial Zones)and 18.38.110 (Convenience Stores) of the Anaheim Municipal Code. 2.Theproposed convenience storewiththe sales of alcoholic beveragesfor 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 Anaheimbecausethisconvenience storewiththe sales of alcoholic beveragesfor off-site consumptionwill not impact the development of the area. -1-PC2011-*** 4.The traffic generated bythe proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the areabecausethe traffic generated by this use will not exceed the volume of traffic planned for the streets and highways in the area. 5.Thegranting of the conditional use permit under the conditions imposed will not bedetrimental to the health and safety of the citizens of the City of Anaheim as the existing land use will continue to becompatible with the surrounding areaand the proposed sales of alcoholic beveragesare 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) asdefined 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. 2011-05549subject 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 Permitis 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 ofthe 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 March 28, 2011. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE) ss. CITY OF ANAHEIM ) I, Grace Medina,Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission heldonMarch 28,2011,by the following vote of the members thereof: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSENT:COMMISSIONERS: th IN WITNESS WHEREOF, I have hereunto set my hand this 28day of March2011. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3-PC2011-*** -4-PC2011-*** EXHIBIT“B” CONDITIONAL USE PERMIT NO. 2011-05549 (DEV2011-00009) REVIEW SIGNED BY OFF BY NO.CONDITIONS OF APPROVAL PRIOR TO BUILDING AND ZONING INSPECTION 1Business to be equipped with alarm system (silent or Police audible.Department 2Complete a Burglary/Robbery Alarm Permit Police application, Form APD 516, and return it to the Department 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 3File Emergency Listing Card, Form APD-281, with Police the Police Department, available at the Police Department Department front counter, or it can be downloaded from the following web site: http://www.anaheim,net/article.asp?id=678 GENERAL 4No display of alcoholic beverages shall be located Police outside of a building or within five (5) feet of any Department public entrance to the building. 5There shall be no exterior advertising or sign of any Police kind or type, including advertising directed to the Department 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. 6The area of alcoholic beverage displays shall not Police exceed 25% of the total display area in a building. Department 7Saleof alcoholic beverages shall be made to Police customers only when the customer is in the building. Department -5-PC2011-*** 8The possession of alcoholic beverages in open Police containers and the consumption of alcoholic Department beverages are prohibited on or around these premises. 9There shall be no public telephones on the property Police that are located outside the building and within the Department control of the applicant. 10There shall be no amusement machines, video game Police devices, or pool tables maintained upon the premises Department at any time. 11The gross sales of alcoholic beverages shall not Police exceed 35 percent of all retail sales during any three Department (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. 12Business owner shall police the area under their Police control in an effort to prevent the loitering of Department persons around the premises. 13Any graffiti painted or marked upon the premises or Code on any adjacent area under the control of the Enforcement licensee shall be removed or painted over within 24 hours of being applied. 14The business shall not operate beyond 10:00 p.m. Planning each day of the week. 15The parking lot shall be equipped with lighting of Code sufficient power to illuminate and make easily Enforcement discernible the appearance and conduct of all persons on or about the parking lot. 16The subject property shall be developed substantially Planning in accordance with plans submitted to the City of Anaheim by the applicantand which plans are on file with the Planning Department marked Exhibit Nos. 1 (Site Plan) and 2 ( Floor Plan) and as conditioned herein. -6-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 ANDDETERMININGPUBLIC CONVENIENCE OR NECESSITYNO. 2011-00076 FOR A TYPE 21ALCOHOLIC BEVERAGE CONTROL LICENSE (DEV2011-00009) (2808WEST LINCOLN AVENUE) WHEREAS, on July 11, 1995, the City Council adopted Resolution No. 95R-134 establishing procedures anddelegating 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. 2011-05549to permit the sales of alcoholic beveragesfor off-site consumption in conjunction with a convenience storefor 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 March 28, 2011, at 5:00 p.m., notice of said public hearing having been duly given as required by lawand 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 ornecessity 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 alcoholic beverages for off-site consumption in conjunction with a conveniencestore, pursuant to Sections18.08.030 (Primary Uses, Commercial Zones), ) and 18.38.110 (Convenience Stores) of the Anaheim Municipal Code subject to the approval of a conditional use permit. Theproposed sales of alcoholic beveragesfor off-site consumption will not adversely affect the adjoining land uses or -1-PC2011-*** the growth and development of the area in which it is proposed to be located because it is accessory toaconvenience storeand is located in a commercial retail center. 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 869.03with a population that allows for fouroff-sale ABC licenses and there are presently fourlicenses in the tract; and seven on-sale licenses and there arepresently threein the tract. The Anaheim Police Department evaluates these requests based on the crime rates within a one-quartermile radius for the subject site. The police reporting district in which this business located has anabove-average crime rate of 304% 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 alcoholic beveragesales 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 determinationsand 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 alcoholic beveragesis ancillary to the proposed store and would serve as an added convenience to residents and visitors to the areawho choose to shop at this establishment. The Police Department indicates no specific concerns related to off-premises alcoholic beveragessales 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 alcoholic beveragesfor 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 ofthis 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 ofthe 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. 2011-00076subject 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 andgeneral welfare of the citizens of the City of Anaheim. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March 28, 2011. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: 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 heldonMarch28, 2011,by the following vote of the members thereof: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSENT:COMMISSIONERS: th IN WITNESS WHEREOF, I have hereunto set my hand this 28day of March2011. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4-PC2011-*** -5-PC2011-*** EXHIBIT “B” PUBLIC CONVENIENCE OR NECESSITY NO. 2011-00076 (DEV2011-00009) REVIEW SIGNED BY OFF BY NO.CONDITIONS OF APPROVAL GENERAL 1No display of alcoholic beverages shall be located Police outside of a building or within five (5) feet of any Department public entrance to the building. 2There shall be no exterior advertising or sign of any Police kind or type, including advertising directed to the Department 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. 3The area of alcoholic beverage displays shall not Police exceed 25% of the total display area in a building. Department 4Sale of alcoholic beverages shall be made to Police customers only when the customer is in the building. Department 5The possession of alcoholic beverages in open Police containers and the consumption of alcoholic Department beverages are prohibited on or around these premises. 6There shall be no public telephones on the property Police that are located outside the building and within the Department control of the applicant. 7There shall be no amusement machines, video game Police devices, or pool tables maintained upon the premises Department at any time. 8The gross sales of alcoholic beverages shall not Police exceed 35 percent of all retail sales during any three Department (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 -6-PC2011-*** requested. 9Business owner shall police the area under their Police control in an effort to prevent the loitering of persons Department around the premises. 10Any graffiti painted or marked upon the premises or Code on any adjacent area under the control of the licensee Enforcement shall be removed or painted over within 24 hours of being applied. 11The business shall not operate beyond 10:00 p.m. Planning each day of the week. Services 12The parking lot shall be equipped with lighting of Code sufficient power to illuminate and make easily Enforcement discernible the appearance and conduct of all persons on or about the parking lot. 13The subject property shall be developed substantially Planning in accordance with plans submitted to the City of Services Anaheim by the applicantand which plans are on file with the Planning Department marked Exhibit Nos. 1 (Site Plan) and 2 ( Floor Plan) and as conditioned herein. -7-PC2011-*** ßÌÌßÝØÓÛÒÌ ÒÑò ì ßÌÌßÝØÓÛÒÌ ÒÑò ë ßÌÌßÝØÓÛÒÌ ÒÑò ê Ì¸¿²µ Ô·¯«±® îèðè Éò Ô·²½±´² ßª»òô ß²¿¸»·³ô Ýß ßÌÌßÝØÓÛÒÌ ÒÑò é 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 ûèèûùôï÷îèîí êôéù êôéù éöê êôéù éöê éöê êôéù êôéù éöê éöê êôéù êôéù éöê éöê êôéù éöê êôéù éöê êôéù éöê êôéù êôéù éöê éöê êôéù éöê êôéù êôéù éöê éöê êôéù êôéù éöê êôéù éöê éöê êôéù êôéù éöê éöê êôéù êôéù êôéù éöê éöê éöê êôéù ø÷æ éöê êôéù êôéù éöê êôéù éöê éöê êôéù êôéù éöê éöê êôéù êôéù éöê éöê êôéù éöê êôéù éöê êôéù éöê êôéù éöê êôéù êôéù éöê éöê êôéù êôéù éöê éöê êôéù éöê êôéù éöê û×ÊÓÛÐìÔÍÈÍ ûððìêíì÷êèó÷éûê÷óîèô÷éù÷îóùùíêêóøíêéùíæ÷êðûãâíî÷ ïÛÃ ûìî éÇÚÒ×ÙÈìÊÍÌ×ÊÈÃ ø÷æ éÍÇÈÔæÛÐÐ×ÃæÓ×ÅìÐÛÙ× ATTACHMENT NO. 1 050100 p Aerial Photo: ALL PROPERTIES ARE IN THE SCENIC CORRIDOR (SC) OVERLAY ZONE. May 2010 Feet APN: 361-231-31 ¤ 91 Subject Property DEV2011-00010 160 South Valley View Place 11084 [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 APPROVINGVARIANCE NO. 2011-04844 (DEV2011-00010) (160 VALLEY VIEW PLACE) WHEREAS, the Anaheim Planning Commissiondid 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 andincorporated herein by this reference; and WHEREAS, the petitioner requestsa variance from the side yard setback to expandasingle-family residencein the Single-Family Hillside Residential (RH-1)Scenic Corridor (SC) Overlay zone and the Anaheim General Plan designates this property for Estate Density residential land uses;and WHEREAS, the Planning Commissiondid hold a public hearing at the Civic Center in the City of Anaheim onMarch 28,2010,at 5:00p.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, 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, does find and determine the following facts: 1.That the applicant requests to deviate fromthe following to expandasingle- family residence: SECTION NO. 18.04.100.010.0101Minimum sideyard setback (20feet required;11feet proposed) 2.The requested varianceis hereby approvedbecause there are special circumstances applicable to the propertypertaining toitsirregular street frontage and positioning of the residence on the property. 3.Strictapplication of the Code woulddeprive the property of privileges enjoyed by other propertiesunder the identical zoning classification in the vicinity. 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 requirementto prepare additional environmental documentation. -1-PC2011-*** BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby approveVariance No. 2011-04844subject 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) equivalenttiming 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 Varianceis 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 thisapplication constitutes approval of the proposed request only to the extent that itcomplies 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 invoiceor prior to the issuance of building permits for this project, whichever occursfirst. 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 March 28, 2011. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commissionheld onMarch 28,2011, by the following vote of the members thereof: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSENT:COMMISSIONERS: th IN WITNESS WHEREOF, I have hereunto set my hand this 28day ofMarch,2011. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3-PC2011-*** -4-PC2011-*** EXHIBIT “B” VARIANCE NO. 2011-04844 (DEV2011-00010) SIGNED NO.CONDITIONS OF APPROVALREVIEW BYOFF BY Prior to approval of permits for improvement Public Utilities, plans, the property owner/developer shall Electrical coordinate with Electrical Engineering to Engineering 1establish electrical service requirements and submit electric system plans, electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications. PRIOR TO FINAL BUILDING INSPECTION 1An automatic fire sprinkler system shall be Fire Department 2designed, installed and maintained as required by the Fire Department. Property owner shall replace the existing Public Utilities, water meter serving the property with a UL Water 3listed Residential Fire Meter (RFM) per the Engineering standards of the Water Engineering Division of the Anaheim Public Utilities Department. GENERAL That all existing water services and fire lines Public Utilities, shall conform to current Water Services Water Standards Specifications. Any water service Engineering and/or fire line that does not meet current 4standards shall be upgraded if necessary or abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 1The property shall be developed substantially Planning 5in 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 No. 1 through 3 (Site Plan, Elevation and Floor Plans) and as conditioned herein. -5-PC2011-*** ßÌÌßÝØÓÛÒÌ ÒÑò í ßÌÌßÝØÓÛÒÌ ÒÑò ì ßÌÌßÝØÓÛÒÌ ÒÑò ë 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 ûèèûùôï÷îèîí ûÐÌÔÛîÍÊÈÔ×ÛÉÈûÊ×Û ê×Ø×Æ×ÐÍÌÏ×ÎÈûÊ×Û éìéù éìéù éìéù øû øû øû ê÷èûóð ðûìûðïû éìéù ðûìûðïû éìéù úçéóî÷éé øû úçéóî÷éé øû ù÷îè÷ê ðûìûðïû ù÷îè÷ê úçéóî÷ééìûêñ úçéóî÷éé éìéù ù÷îè÷ê øû íööóù÷é À À éìéù øû éìéù éìéù ø÷æ øû øû ðûìûðïû ê÷èûóð íööóù÷é óîøçéèêóûð ìðûâû ûÐÌÔÛîÍÊÈÔ×ÛÉÈûÊ×Û ê×Ø×Æ×ÐÍÌÏ×ÎÈûÊ×Û èéù íùöùø èéù íùöùø û×ÊÓÛÐìÔÍÈÍ ïÛÃ ûìî éÇÚÒ×ÙÈìÊÍÌ×ÊÈÃ ø÷æ ÷ÛÉÈðÛìÛÐÏÛûÆ×ÎÇ× ûèèûùôï÷îèîí û×ÊÓÛÐìÔÍÈÍ ïÛÃ ûìî éÇÚÒ×ÙÈìÊÍÌ×ÊÈÃ ø÷æ ÷ÛÉÈðÛìÛÐÏÛûÆ×ÎÇ× [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. 2011-05548 (DEV2011-00008) (4388 EAST LA PALMA AVENUE) WHEREAS, the Planning Commission did receive a verified Petition for Conditional Use Permit No. 2011-05548to permit a martial arts studio within an existing industrial complexfor 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, this 4.17-acre property is developed with anindustrialcomplex. The property is located in the SP94-1 Northeast Industrial Specific Plan Area 2 Expanded Industrial zone and the Anaheim General Plan designates the property for Industrialland uses; and WHEREAS, the Planning Commission did hold apublic hearing at the Civic Center in the City of Anaheim onMarch28, 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 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 hearingwith respect to the requestto permit a martial arts studio should be approved for the following reasons: 1.The proposed conditional use permit requestto permit a martial arts studiowithin an existing industrial building is properly one for which a conditional use permit is authorized under Code Section Nos.18.120.070.050.0519(Fitness Center)of the Anaheim Municipal Code. 2.The proposed the conditional use permitto permit a martial arts studio within an existing industrial 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 andintegrated with similar buildingsandindustrial uses;and,the martial arts studio would be located within an existing industrial buildingwithno 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 the martial art studio in a manner not detrimental to the particular area or to the health and safetybecause thefacilitywould be located within an existingindustrial building. 4.The traffic generated by the martial art studio 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 anticipated volumes of trafficon the surrounding streetsand there is adequate parking on-site to accommodate the use. 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 proposed land use will continue to be integrated with the surrounding industrial area andwould not pose 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 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 approveConditional Use Permit No. 2011-05548 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. -2-PC2011-*** BE IT FURTHER RESOLVED that approval of thisapplication constitutes approval of the proposed request only to the extent that itcomplies 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 ofMarch28, 2011. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission heldonMarch28, 2011,by the following vote of the members thereof: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSENT:COMMISSIONERS: th IN WITNESS WHEREOF, I have hereunto set my hand this 28day ofMarch, 2011. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3-PC2011-*** -4-PC2011-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2011-05548 (DEV2011-00008) REVIEW SIGNED NO.CONDITIONS OF APPROVALBYOFF BY GENERAL CONDITIONS 1This facility shall be used for a martial arts studio only.Planning 2The hours of operation for the martial arts studio shall be Code consistent with the letter of operation on file with the City of Enforcement Anaheim Planning Department. Any change in the hours of operation shall be subject to review and approval by Planning staff to determine substantial conformance with the letter of operation and compatibility with the surrounding uses. No required parking area shall be fenced or otherwise 3Code enclosed for outdoor storage. Enforcement 4No outdoor activities involving gathering of persons shall be Code permitted on-site.Enforcement 5The applicantshall be responsible for maintaining the area Code adjacent to the premises over which they have control, in an Enforcement orderly fashion through the provision of regular maintenance and removal of trash or debris. Any graffiti painted or marked upon the premises or onany adjacent area under the control of the licensee shall be removed or painted over within two business days of being applied. Business to be equipped with alarm system (silent or audible) 6Police Complete a Burglary/Robbery Alarm Permit application, 7Police 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 Rear entrance doors shall be numbered with the same address 8Police numbers or suite number of the business. Minimum height of 4” recommended. 9Theproperty shall be developed substantially in accordance Planning with plans and specifications submitted to the City of Anaheim by the applicantand which plans are on file with the Planning Department marked Exhibit No.1 (Site Plan), Exhibit No. 2 (Floor Plan), and as conditioned herein. -5-PC2011-*** ßÌÌßÝØÓÛÒÌ ÒÑò í ÒÑò ëßÌÌßÝØÓÛÒÌ 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 ûèèûùôï÷îèîí ìðûù÷îèóûùóèãðóïóèé éìéù ûîûô÷óïùóèãðóïóèé éìéù øû øû úçéóî÷ééìûêñ éìéù úçéóî÷ééìûêñ øû úçéóî÷ééìûêñ éìéù éìéù øû øû úçéóî÷ééìûêñ éìéù ÷èùôûîøã øû ùíïï÷êù÷ úçéóî÷ééìûêñ éìéù ù÷îè÷ê øû úçéóî÷ééìûêñ éìéù øû úçéóî÷ééìûêñ éìéù éìéù øû éìéù éìéù øû ø÷æ øû øû éìéù ðûìûðïû ðûìûðïû ê÷èûóð ðûìûðïû øû úçéóî÷éé úçéóî÷éé úçéóî÷éé ðûìûðïû ù÷îè÷ê ù÷îè÷ê ù÷îè÷ê úçéóî÷éé ù÷îè÷ê éìéù øû ê÷éèûçêûîè À À éìéù øû íööóù÷é éìéù éìéù øû øû éìéù ðûìûðïû ê÷èûóð øû éìéù óîøçéèêóûð ê÷èûóð øû ìðûâû íööóù÷é û×ÊÓÛÐìÔÍÈÍ ïÛÃ ûìî éÇÚÒ×ÙÈìÊÍÌ×ÊÈÃ ø÷æ ÷ÛÉÈðÛìÛÐÏÛûÆ×ÎÇ× ûèèûùôï÷îèîí ìðûù÷îèóûùóèãðóïóèé ûîûô÷óïùóèãðóïóèé û×ÊÓÛÐìÔÍÈÍ ïÛÃ ûìî éÇÚÒ×ÙÈìÊÍÌ×ÊÈÃ ø÷æ ÷ÛÉÈðÛìÛÐÏÛûÆ×ÎÇ× [DRAFT]ATTACHMENT NO. 2 RESOLUTION NO. PC2011-*** A RESOLUTION OFTHE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1CATEGORICAL EXEMPTIONIS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATIONAND APPROVINGCONDITIONAL USE PERMITNO. 2011-05547AND VARIANCE NO. 2011-04848 (DEV2011-00007) (4411 EAST LA PALMA AVENUE) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for a conditional use permit and variancetopermitabatting cage and sports fitness facility within an existing industrial buildingwith less parking than required by Code,oncertain 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 developedwith a37,000 square foot industrial building located in the SP 94-1, D.A. 2 (Northeast Area Specific Plan, Expanded Industrial Area) zone and the Anaheim General Plan designates the property for Industrialland uses; and WHEREAS, the Planning Commissiondid hold a public hearing at the Civic Center in the City of AnaheimonMarch 28, 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 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 hearingwith respect to the request for a conditional use permit, does find and determine the following facts: 1.That the proposed sports facility is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.10.030.040.0402(Dance and Fitness Studio, Recreation-Commercial Indoor). 2.The operation of a sports facility for physical fitness,including indoor batting cages,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 use is entirelywithin an existing building with no outside activities and it is compatible with existing industrial uses surrounding the property. 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 because this use will be located within an existing building of an established industrial area. -1-PC2011-*** 4.The traffic generated by the a sports facility for physical fitness will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5.The granting of the conditional use permit will not be detrimental to the health and safety of the citizens of the City of Anaheim because the use is similar to uses in the area and activities would occur entirely within the building space. WHEREAS, the Planning Commission does further find and determine that the request for a variance to permit less parking than required by Code in conjunction with an sports facility should be approved for the following reasons: SECTION NO. 18.42.040.010Minimum number of parking spaces. (113spaces required; 99spaces proposed). 1.The variance, under the conditions imposed will not cause fewer off-street parking spaces to be provided for the sports and fitnessfacility than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions because the business has peak hours that do not conflict with the adjacent industrial businesses, and the maximum parking demand is expected to be 50 spaces based upon the traffic that was generated at the former facilityat 5468 East La Palma Avenue. 2.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 because the on-site parking for the sports and fitnessfacilitywilladequately accommodatedthe peak parking demands of thebusiness. 3.The variance will not increase traffic congestion within the off-street parking areas provided forvocational training facilitysince all parking is contained on-site and will not encroach into other parking facilities and the supply of parking is adequate for the sports and fitnessfacility. Further, the project does not propose new ingress or egresspoints 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 sports facility. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, 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. 2011-05547 and Variance No. 2011-04848,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. -2-PC2011-*** 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 this conditional usepermit isapproved without limitations on the duration of the use. BE IT FURTHER RESOLVED that approval of thisapplication constitutes approval of the proposed request only to the extent that itcomplies 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 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 ofMarch 28, 2011. CHAIRMAN, ANAHEIM CITYPLANNINGCOMMISSION ATTEST: 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 onMarch 28, 2011,by the following vote of the members thereof: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSENT:COMMISSIONERS: th IN WITNESS WHEREOF, I have hereunto set my handthis 28day ofMarch, 2011. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4-PC2011-*** -5-PC2011-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2011-05547 VARIANCE NO. 2011-04848 (DEV2011-00007) REVIEW SIGNED NO.CONDITIONS OF APPROVALBYOFF BY GENERAL CONDITIONS 1The rear doors of the premises shall be equipped on the Police 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 fromthe licensed premises. Temporary use of these doors for delivery of supplies does not constitute a violation. 2Complete a Burglary/Robbery Alarm Permit application, Police 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 3Address numbers shall be positioned so as to be readily Police readable from the street. Numbers should be visible during hours of darkness. 4The location of a trash enclosure shall be provided in a Public location acceptable to the Public Works Department, Streets Works, and Sanitation Division,and in accordance with approved Streets and plans on file with said Department.Sanitation Division 5Any tree and/or landscaping planted on-site shall be replaced Code in a timely manner in the event that it is removed, damaged, Enforcement diseased and/or dead. 6Adequate lighting of parking lots, driveway, circulation Police 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 -6-PC2011-*** specifically shown on plans submitted for Police Department, Community Services Division approval. No required parking area shall be fenced or otherwise 7Code enclosed for outdoor storage. Enforcement 8The applicantshall be responsible for maintaining the area Code adjacent to the premises over which they have control, in an Enforcement orderly fashion through the provision of regular maintenance and removal of trash or debris. 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 two business days of being applied. 9Theproperty shall be developed substantially in accordance Planning with plans and specifications submitted to the City of Anaheim by the applicantand which plans are on file with the Planning Department marked Exhibit Nos.1 (Site Plan) and 2 (Floor Plan), and as conditioned herein. -7-PC2011-*** ßÌÌßÝØÓÛÒÌ ÒÑò í ßÌÌßÝØÓÛÒÌ ÒÑò ì 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 ûèèûùôï÷îèîí êé êé éöê éöê êé æûùûîè ó óîøçéèêóûð êé éöê ó ê÷ðóõóíçéçé÷ ó óîøçéèêóûð ó óîøçéèêóûð ó ó óîøçéèêóûð ø÷æ ê÷ðóõóíçéçé÷ ó óîøçéèêóûð ó óîøçéèêóûð ó óîøçéèêóûð êé êé êé êé úùù êé êé êé éöê éöê êé éöêéöê êé éöê éöê éöê éöê éöê û×ÊÓÛÐìÔÍÈÍ ûÌÊÓÐ ûìî éÇÚÒ×ÙÈìÊÍÌ×ÊÈÃ ø÷æ åùê÷éù÷îèûæ÷ å×ÉÈðÛìÛÐÏÛûÆ×ÎÇ× ûèèûùôï÷îèîí û×ÊÓÛÐìÔÍÈÍ ûÌÊÓÐ ûìî éÇÚÒ×ÙÈìÊÍÌ×ÊÈÃ ø÷æ åùê÷éù÷îèûæ÷ å×ÉÈðÛìÛÐÏÛûÆ×ÎÇ× [DRAFT] ATTACHMENT NO. 2 RESOLUTION NO. PC2011-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THAT A PREVIOUSLY-APPROVED MITGITATED NEGATIVE DECLARATIONIS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATIONAND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2006-05121 AND VARIANCE NO. 2011-04748(TRACKING NO. CUP2006-05121C) ANDAMENDINGCONDITIONS OFAPPROVAL OF RESOLUTIONNOS.PC2006-84& PC2010-63(DEV2010-00039) (2411-2461W.LA PALMA AVENUEAND 1212 N. HUBBELL WAY) WHEREAS, on October 2, 2006, the Anaheim City Planning Commission (hereinafter referred to as "Planning Commission"), by its Resolution No. PC2006-84did approve Conditional Use Permit 2006-05121 to permit and retain a teleconferencing centerand private conference/training center for that certain real property located at 2411 West La Palma Avenue in the City of Anaheim, County of Orange, State of California, as more particularly shown on Exhibit “A” attached hereto and incorporated herein by this reference; and WHEREAS, on December 7, 2009, the Planning Commission, by its Resolution No. PC2009-121 did approve an amendment to Conditional Use Permit 2006-05121 to permit the conversion of an existing warehouseto a two-story office building for an adult/career training center in conjunction with the previously-approved teleconferencing centerfor that certain real property located at1212 N. Hubbell Way; and WHEREAS, on August 2, 2010, the Planning Commission, by its Resolution No. PC2010-63did approve an amendment to Conditional Use Permit 2006-05121 to permit the establishmentof an educational institution (West Coast University) to providevocational training within an existingfour-story office building located on the subject property; and WHEREAS, the Planning Commission did receive a verified Petition to amend Conditional Use Permit No. 2006-05121toexpand an existing private nursing and health care vocational college to utilize an entire 4-story building and to permit an additional freeway oriented wall sign located on the subject property;and WHEREAS, this property is developed with a total of eight buildings and includes an adult/career training center in conjunction with a teleconferencing centerand office buildings. The property is located in the I (Industrial) zone and the Anaheim General Plan designates the property for Industrial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March28, 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 the proposed amendment to said conditional use permit(tracking number CUP2006-05121C) and to investigate and make findings and recommendations in connection therewith; and WHEREAS, thePlanning 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 hearingwith respect tothe request for a conditional use permit, does find and determine the following facts: The request toamend saidconditional use permit to allow a vocational college within an existingfour-story office building is properly one for which a conditional use permit is authorized under Code Section Nos. 18.10.030.040.0402 (Educational Institutions)of the Anaheim Municipal Code. 1.The proposed amendment to the conditional use permit to expand an existing private nursing and health care vocational college and to permit an additional freeway oriented wall sign with more wall signs than allowed by Code, 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 andintegrated with similar buildingsand uses;and the proposed vocational school is located within an existing office buildinglocated on the interior of the parcel withno adverse affects to adjoining land uses. 2.The size and shape of the site for the use is adequate to allow the full development of the vocational school within an existingofficebuilding in a manner not detrimental to the particular area or to the health and safetybecause theproposed vocational schoolwill be located within the existing4-story,officebuilding. 3.The traffic generated by the expansion of the vocational collegewill 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 assumptions included in the updated 2010Traffic Impact and Parking Study prepared by KOA Corporationor require additionalmitigation measuresfrom those alreadyincluded in Mitigation Monitoring Plan No. 139in conjunction with the original conditional use permit. 4.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 proposed land use will continue to 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 PlanningCommission does further find and determine that the request for fewer parking spaces than allowed by code,should be approved for the following reasons: 1.That the request to allow the expansion of a vocational school, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use under the normal and reasonably foreseeable conditions of operation of the vocational school because the on-site parking for the school will adequately accommodate peak parking demands; 2.That the request, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use because the property is large enough to accommodate the parking requirements of allthe on-site uses and further,classes are staggered with a.m. and p.m. sessions that do not overlap and this provision allows adequate time for parking spaces to be vacated prior to the arrival of students for the next session. 3.That the request to allow the expansion of a vocational school, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use because the supply of parking is large enough to allow adequate parking areaand will not encroach into other parking facilities.Further, classes are staggered with a.m. and p.m. sessions that do not overlap and this provision allows adequate time for parking spaces to be vacated prior to the arrival of students for thenext session; 4.That the request, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use because this use will not exceed anticipated trafficvolumes for this property and the surrounding area. WHEREAS, the PlanningCommission does further find and determine that the request for a variance to permit an additionalfreeway oriented wall sign,which is one more sign than allowed by code,should be approved for the following reasons: SECTION NO. 18.44.100.020Maximum number of permitted signs. (1sign permitted;2 signsproposed). 1.The variance pertaining to the request for an additional freeway oriented wall sign is hereby approved because strict application of the Zoning Code would deprive the property of privileges enjoyed by other properties under identical zoning classification in the vicinity because of the orientation and proximity of the building to the freeway off-ramp, which doesnot apply to other property under identical zoning classification in the vicinity.Further, that because the use of the building will be temporarily shared with another businessthe proposed sign will ultimately be the only freeway oriented wall sign on the building and thereforewill bein full compliance with the zoning code. NOW THEREFORE BE IT RESOLVED that the Planning Commission has reviewed the proposal and does hereby find that a previously-approved Mitigated Negative Declaration in connection with Conditional Use Permit No. 2006-05121 and Mitigation Monitoring Plan No. 139 is adequate to serve as the required environmental documentation in connection with this request. BE IT FURTHER RESOLVED that the Planning Commission, for the reasons hereinabove stated does hereby approve the amendment to Conditional Use Permit No. 2006- 05121(tracking number CUP2006-05121C)topermit the establishment ofan educational institution (West Coast University) to providevocational trainingwithin an existing three-story office building located on the subject property. BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in their entirety, the conditions of approval adopted in connection with Planning Commission Resolution No. PC2010-63, approving Conditional Use Permit No. 2006-05121, as previously amended, to read as stated 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. BE IT FURTHER RESOLVED that, except as expressly amended herein, the provisions of Resolution No. PC2006-84, approving Conditional Use Permit No. 2006-05121,as previously amended, shall remainif full force and effect. 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 thisapplication constitutes approval of the proposed request only to the extent that itcomplies 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 March28,2011. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission heldonMarch28, 2011,by the following vote of the members thereof: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSENT:COMMISSIONERS: th IN WITNESS WHEREOF, I have hereunto set my hand this 28day ofMarch, 2011. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION EXHIBIT “B” AMENDMENT TO CONDITIONAL USE PERMIT NO. 2006-05121 (TRACKING NO. CUP 2006-05121C) (DEV2010-00039) REVIEW SIGNED NO.CONDITIONS OF APPROVALBYOFF BY PRIOR TO ISSUANCE OF A BUILDING PERMIT 1The businessshallbe equipped with an alarm system (silent Police or audible). Provide comprehensive security alarm system for the 2Police following: Perimeter building and access route protection. High valued storage areas. Interior building door to shipping and receiving area 3Complete a Burglary/Robbery Alarm Permit application, Police 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 Closed circuit television (CCTV) security cameras are 4Police recommended, with the following coverage areas: Lobby entrances Building perimeter If security cameras are not monitored, signs indicating so 5Police should be placed at each camera. CCTV monitor and recorders should be secured in a separate 6Police locked compartment to prevent theft or, or tampering with, the tape. CCTV recording should be kept for a minimum of 30 days 7Police before being recorded over. CCTV videotapes should not be recorded over more than 10 8Police items per tape. Use of digital recording equipment as an alternative to videotape is encouraged. 9Address numbers shall be positioned so as to be readily Police readable from the street. Numbers should be visible during hours of darkness. 10Rooftop address numbers for the police helicopter. Police Minimum size 4’ in height and 2’ in width. The lines of the numbers are to be a minimum of 6” thick. Numbers should be spaced 12” to 18” apart. Numbers should be painted or constructed in a contrasting color to the roofing material. Numbers should face the street to which the structure is addressed. Numbers are not to be visible from the ground level. Industrial, commercial, institutional, or office buildings shall 11Police have clearly marked doors with numbers corresponding to the alarmzones, if any. The identification of alarm zone coverage will assist responding police and security units in faster identification and apprehension of potential suspects, if any. All exterior doors to have adequate security hardware, e.g. 12Police deadbolt locks. Overhead roll-up doors shall also be secured on the inside 13Police that the lock cannot be defeated from the outside and shall be secured with a cylinder lock or padlock from the inside. A Knox box shall be installed at hatchwayto allow 14Police Police/Fire access to interior. Monument signs and addresses shall be well lighted during 15Police hours of darkness. Adequate lighting of parking lots and associated carports, 16Police shipping and receiving areas, driveways, 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 ofdarkness and provide a safe, secure environment for all person, property, and vehicles on-site. All exterior doors shall have their own light source, which 17Police 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. Landscaping shall be of the type and situated in locations to 18Police maximize observation while providing the desired degree of aesthetics. Security planting materials are encouraged along fence and property lines and under vulnerable windows All exterior doors shall have their own light source, which 19Police 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. All entrances to parking areas shall be posted with 20Police appropriate signs per 22658(a) C.V.C., to assist in removal of vehicles at theproperty owners/managers request. Compliance with AMC 6016, the Anaheim Public Safety 21Police Radio System Coverage Ordinance is required. A copy of the ordinance and compliance specifications is attached. The ordinance can also be viewed online through the City of Anaheim web site. “No Trespassing 602(k) P.C.” posted at the entrances of 22Police parking lots/structures and located in other appropriate places. Signs must be at least 2’x1’ in overall size, with white background and black 2” lettering. Classroom doors should be equipped with locks that can be 23Police locked from the inside, allowing lockdown of those rooms in the event of criminal activity in, or around, the building. 24File Emergency Listing Card, Form APD-281, with the Police 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. GENERAL CONDITIONS 25This facility shall be used for vocational training purposesPlanning only. On-going during project operation, no required parking area 26Code shall be fenced or otherwise enclosed for outdoor storage. Enforcement 27No church activities shall be permitted unless a separate Planning conditional use permit is approved by the City. 28No outdoor activities involving gathering of persons shall be Code permitted on-site.Enforcement 29The applicantshall be responsible for maintaining the area Code adjacent to the premises over which they have control, in an Enforcement orderly fashion through the provision of regular maintenance and removal of trash or debris. Any graffiti painted or marked upon the premises or onany adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. 30The developer shall be responsible for compliance with all Planning mitigation measures within the assigned time frames and any direct costs associated with the attached Mitigation Monitoring Program No. 139 as established by the City of Anaheim and as required by Section 21081.6 of the Public Resources Code to ensure implementation of those identified mitigation measures. 31One of the two freeway oriented wall signsapproved as part Code of this application, shall be removed no later thanDecemberEnforcement 31, 2016or upon vacation by the existing first floor tenant, whichever occurs first. 32Theproperty shall be developed substantially in accordance Planning with plans and specifications submitted to the City of Anaheim by the applicantand which plans are on file with the Planning Department marked Exhibit No.1 (Site Plan), Exhibit No. 2 (Floor Plan),Exhibit No. 3 (Signs)and as conditioned herein. ßÌÌßÝØÓÛÒÌ ÒÑò í ßÌÌßÝØÓÛÒÌ ÒÑò ì ßÌÌßÝØÓÛÒÌ ÒÑò ë ßÌÌßÝØÓÛÒÌ ÒÑò ê ßÌÌßÝØÓÛÒÌ ÒÑò é 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 ûèèûùôï÷îèîí ê÷èûóð óéûúù óîøçéèêóûð óéûúù óéûúù ê÷ðóõóíçéçé÷ óîøçéèêóûð óéûúù óîøçéèêóûð ùÍÏÏ×ÊÙÓÛÐ óÎØÇÉÈÊÓÛÐ éÍÇÈÔûÎÛÔ×ÓÏúÐÆØûÊ×Û óéûúù óîøçéèêóûð èéûúù ê÷èûóð ùõéûúù ø÷æ ûîûô÷óïïûêñ÷èìðûù÷ óîøííêéåûìï÷÷è óéûúù óîøçéèêóûð ùõéûúù ê÷éèûçêûîè ùÍÏÏ×ÊÙÓÛÐ óÎØÇÉÈÊÓÛÐ éÍÇÈÔûÎÛÔ×ÓÏúÐÆØûÊ×Û ùõéûúù óéûúù ûîûô÷óï óîøçéèêóûð úçéóî÷éé ìûêñ û×ÊÓÛÐìÔÍÈÍ ïÛÃ ûìî éÇÚÒ×ÙÈìÊÍÌ×ÊÈÃ ø÷æ éÍÇÈÔûÎÛÔ×ÓÏúÍÇÐ×ÆÛÊØ ûèèûùôï÷îèîí û×ÊÓÛÐìÔÍÈÍ ïÛÃ ûìî éÇÚÒ×ÙÈìÊÍÌ×ÊÈÃ ø÷æ éÍÇÈÔûÎÛÔ×ÓÏúÍÇÐ×ÆÛÊØ ÅÜÎßÚÌÃ ßÌÌßÝØÓÛÒÌ ÒÑò î RESOLUTION NO. PC2011-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT ACLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION ANDAPPROVING ANAMENDMENT TOCONDITIONAL USE PERMIT NO.3545 (DEV2010-00192) (1440 SOUTHANAHEIM BOULEVARD) WHEREAS, onSeptember 21, 1992 the Anaheim Planning Commission(hereinafter referred to as "Planning Commission"), by its Resolution No. PC92-113didapproveConditional Use PermitNo. 3545for a period of one year, to expire on September 21, 1993, to permit the outdoor installation of auto alarms and stereos and a batting cage facilitywith waiver of permitted outdoor uses in conjunction with the Anaheim Indoor Marketplace,and; WHEREAS, on December 1, 1993 the Planning Commission, by its Resolution No. PC93- 129didapprovea reinstatement of the conditional use permitfor a period of one year,to expire on September 21, 1994, and; WHEREAS, on October 3, 1994 the Planning Commission, by its Resolution No. PC94- 132didapprovea reinstatement of the conditional use permitfor a period of one year,to expire on September 21, 1995, and add window tinting and tire rim installation to the facility,and; WHEREAS, onAugust 7, 1995the Planning Commission, by its Resolution No. PC95-94 didapprovea reinstatement of the conditional use permitfor a period of threeyears,to expire on September 21, 1998,and; WHEREAS, on September 14, 1998 the Planning Commission, by its Resolution No. PC98-146didapprovea reinstatement of the conditional use permitfor a period of four years,to expire on April 22, 2001, and; WHEREAS, on August 7, 1995 the Planning Commission, by its Resolution No. PC95-94 didapprovea reinstatement of the conditional use permitfor a period of three years,to expire on September 21, 1998, and; WHEREAS, on January 17, 2001 the Planning Commission, by its Resolution No. PC2001-8didapprovea reinstatement of the conditionaluse permitfor a period of nine years,to expire on August 29, 2010, and; WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for an amendment toConditional Use Permit No.3545,to modify or delete a condition of approval pertaining to a time limitation to retain a previously-approved an outdoor automobile window tinting, alarm, tire and rim, and stereo installation facility for certain real property situated in the City of Anaheim, County of Orange, State ofCalifornia, shown on Exhibit “A”, attached hereto and incorporated herein by this reference; -1-PC2011-*** WHEREAS, the property is developed with a 133,200 square foot commercial building located in the General Commercial(C-G) zone and the Anaheim General Plan designates this property for General Commercial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 28,2011, 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 amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1.The facts necessary to support each and every finding for the original approval of the entitlement as set forth in this chapter exist. 2.The permit is being exercised substantially in the same manner and in conformance with all conditions and stipulations originally approved. 3.The permit is being exercised in a manner not detrimental to the particular area and surrounding land uses, nor to the public peace, health, safety and general welfareas there have not been any code violationson this use. 4.Withregard to the deletion of a time limitation, such deletion is appropriate because it has been demonstrated that the use has operated in a manner that is appropriate in the underlying zone and the surrounding area. 5.Theexisting use at the time of approval wasproperly one for which a conditional use permit was authorized by the Zoning Code. 6.The use, as amended, will not adversely affect the adjoining land uses and the growth and development of the area in which it is locatedas the auto facilityhas been operating in conformance with conditions of approvaland further there have been no code violations on the use. 7.The size and shape of the site for the existing use is adequate to allow the full development of the use, in a manner not detrimental to either the particular area or health and safety as the auto facilityhas been operating in conformance with all conditions of approvaland there have been no code violations on the use. 8.The traffic generated by the auto facilitywillnot impose an undue burden upon the streets and highways designed and improved to carry the traffic in the areaas the auto facilityhas been operating in conformance with conditions of approvaland there have been no code violations on the use. 9.Thegranting of the reinstatement of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. -2-PC2011-*** THEREFORE, BE IT RESOLVED, the proposed project falls within the definition of Categorical Exemptions, Class 1(Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission,for the reasons hereinabove stateddoes hereby approve an amendment toConditional Use Permit No.3545 to delete a condition of approval pertaining to a time limitation to retain a previously-approved automobile window tinting, alarm, tire and rim, and stereo installation facility as requested by the applicant. BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in their entirety, the conditions of approval adopted in connection with Planning Commission Resolution No. PC92-113, adopted in connection with Conditional Use Permit No. 3545, to delete the time limitation as shown in Exhibit “B” attached hereto and incorporated herein by this reference, which conditions are hereby foundto be a necessary prerequisite to the proposed use of the subject property in order to preserve the health and safety of the citizens of the City of Anaheim. BE IT FURTHER RESOLVED, that this permit is approved without limitations on the duration of theuse. 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. BEIT 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 thisapplication constitutes approval of the proposed request only to the extent that itcomplies 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. -3-PC2011-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March28, 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. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held onMarch28, 2011,by the following vote of the members thereof: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSENT:COMMISSIONERS: th IN WITNESS WHEREOF, I have hereunto set my hand this28day of March, 2011. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4-PC2011-*** ÛÈØ×Þ×Ì -5-PC2011-*** Þ ßÓÛÒÜÓÛÒÌ ÌÑ ÝÑÒÜ×Ì×ÑÒßÔ ËÍÛ ÐÛÎÓ×Ì ÒÑò íëìë øÜÛÊîðïðóððïçî÷ Í×ÙÒÛÜ ÑÚÚ ÒÑò ÝÑÒÜ×Ì×ÑÒÍ ÑÚ ßÐÐÎÑÊßÔ ÎÛÊ×ÛÉ ÞÇ ÞÇ GENERAL 1The outdoor uses shall be limited to installation of auto Code alarms, stereos, window tinting, tire rims, auto accessories, Enforcement upholstery and auto detailing. The mechanical repair of vehicles or paint and/or body work shall not be permitted. 2The outdoor installation activities shall be screened from Code view of the public right-of-way at all times.Enforcement 3There shall be no outdoor storage of tools and/or equipment Code related to the outdoor installation operations, unless Enforcement specifically approved by the Planning Department. 4No inoperable vehicles or parts shall be stored on the Code premises outside of the building.Enforcement 5Theoutdoor storage of tires shall be prohibited and all used Code tires shall be disposed of properly.Enforcement 6The existing screen fence to the west of the outdoor uses Code shall be permanently maintained with interwoven PVC slats Enforcement and/or scrim on the back side of the fence at all times to screen the existing work area from public view. 7The subject property shall be developed substantially in Planning accordance with the plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department and labeled as Exhibit Nos. 1 (Site Plan) and 2(Floor Plan)asapproved by the Planning Commission on September 21, 1992,and as conditioned herein. -6-PC2011-*** ÅÜÎßÚÌÃ ßÌÌßÝØÓÛÒÌ ÒÑò í 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 ANAMENDMENT TO CONDITIONAL USE PERMIT NO.3606 (DEV2010-00192) (1440 SOUTHANAHEIM BOULEVARD) WHEREAS, onJune14, 1993the Anaheim Planning Commission(hereinafter referred to as "Planning Commission"), by its Resolution No. PC93-70didapproveConditional Use PermitNo. 3606for a period of one year, to expire on June 14, 1994,to permit the on-premises sale and consumption of beer and wine in a proposed restaurantin conjunction with the Anaheim Indoor Marketplace,and; WHEREAS, onMay16, 1994the Planning Commission, by its Resolution No. PC94-57 didapprovea reinstatement of the conditional use permitfor a period of one year,to expire on June 14, 1995,and; WHEREAS, onJune 12, 1995the Planning Commission, by its Resolution No. PC95-67 didapprovea reinstatement of the conditional use permitfor a period of one year,to expire on June 14, 1996,and; WHEREAS, onJune 23, 1997the Planning Commission, by its Resolution No. PC97-78 didapprovea reinstatement of the conditional use permitfor a period of fouryears,to expire on April 21, 2001,and; WHEREAS, onJanuary 17,2001the Planning Commission, by its Resolution No. PC2001-9didapprovea reinstatement of the conditional use permitfor a period of nineyears,to expire onAugust 29,2010,and; WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for an amendment toConditional Use Permit No.3606,to modify or delete a condition of approval pertaining to a time limitation to retain a previously-approved on-premises sale and consumption of beer and wine in an existing restaurantfor certain real property situated in the City of Anaheim, County of Orange, State ofCalifornia, shown on Exhibit “A”, attached hereto and incorporated herein by this reference; WHEREAS, the property is developed with a 133,200 square foot commercial building located in the General Commercial(C-G) zone and the Anaheim General Plan designates this property for General Commercial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 28,2011, 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 MunicipalCode, Chapter 18.60 “Procedures”, to hear and consider evidence for and against said proposed amendment and to investigate and make findings and recommendations in connection therewith; and -1-PC2010-*** 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 facts necessary to support each and every finding for the original approval of the entitlement as set forth in this chapter exist. 2.The permit is being exercised substantially in the same manner and in conformance with all conditions and stipulations originally approved. 3.The permit is being exercised in a manner not detrimental to the particular area and surrounding land uses, nor to the public peace, health, safety and general welfareas there have not been any code violationson this use. 4.With regard to the deletion of a time limitation, such deletion is appropriate because it has been demonstrated that the use has operated in a manner that is appropriate in the underlying zone and the surrounding area. 5.Theexisting use at the time of approval wasproperly onefor which a conditional use permit was authorized by the Zoning Code. 6.The use, as amended, will not adversely affect the adjoining land uses and the growth and development of the area in which it is locatedas the restauranthas been operating in conformance with conditions of approvaland further there have been no code violations on the use. 7.The size and shape of the site for the existing use is adequate to allow the full development of the use, in a manner not detrimental to either the particular area or health and safety as the restaurant has been operating in conformance with all conditions of approvaland there have been no code violations on the use. 8.The traffic generated by the restaurant will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the areaas the restaurant has been operating in conformance with conditions of approvaland there have been no code violations on the use. 9.The granting of the reinstatement of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. THEREFORE, BE IT RESOLVED, the proposed project falls within the definitionof Categorical Exemptions, Class 1(Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission,for the reasons hereinabove stateddoes hereby approve an amendment toConditional Use Permit No.3606 to delete a condition of approval pertaining to a time limitation to retain a previously-approved on- -2-PC2010-*** premises sale and consumption of beer and wine in an existing restaurantas requested by the applicant. BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in their entirety, the conditions of approval adopted in connection with Planning Commission Resolution No. PC93-70, adopted in connection with Conditional Use Permit No. 3606, to delete the time limitation as shown in Exhibit “B” attached hereto and incorporated herein by this reference, which conditions are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health and safety of the citizens of the City of Anaheim. BE IT FURTHER RESOLVED, that this permit is approved without limitations on the duration of the use. Amendments, modifications and revocationsof 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 thisapplication constitutes approval of the proposed request only to the extent that itcomplies 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 requestregarding 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 March28, 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. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3-PC2010-*** 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 onMarch28, 2011,by the following vote of the members thereof: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSENT:COMMISSIONERS: th IN WITNESS WHEREOF, I have hereunto set my hand this28day of March, 2011. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4-PC2010-*** -5-PC2010-*** ÛÈØ×Þ×Ì Þ ßÓÛÒÜÓÛÒÌ ÌÑ ÝÑÒÜ×Ì×ÑÒßÔ ËÍÛ ÐÛÎÓ×Ì ÒÑò íêðê øÜÛÊîðïðóððïçî÷ Í×ÙÒÛÜ ÒÑò ÝÑÒÜ×Ì×ÑÒÍ ÑÚ ßÐÐÎÑÊßÔ ÎÛÊ×ÛÉ ÞÇ ÑÚÚ ÞÇ GENERAL 1At all times when the premise is open for business, the Police premise shall be maintained as a bona fide restaurant and shall provide a menu containing an assortment of foods normally offered in such restaurant. 2The gross sales of alcoholic beverages shall not Police exceed 40 percent of the gross sales of all retail sales during any three (3) month period. The applicant shall maintain records on a quarterly basis indicating the separate amounts of sales of alcoholic beverages and other items. These records shall be made available for inspection by any City of Anaheim official when requested. 3The sale of alcoholic beverages for off premises Police consumption shall be prohibited. 4There shall be no exterior advertising of any kind or Police type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 5That subject alcoholic beverage license shall not be Police exchanged for a public premise (bar) type license nor shall the establishment be operated as a public premise as defined in Section 23039 of the Business and Professions Code. 6There shall be no admission fee, cover charge, nor Police minimum purchase required. -6-PC2010-*** Í×ÙÒÛÜ ÒÑò ÝÑÒÜ×Ì×ÑÒÍ ÑÚ ßÐÐÎÑÊßÔÎÛÊ×ÛÉ ÞÇ ÑÚÚ ÞÇ GENERAL 7There shall be no live entertainment, amplified music Police or dancing permitted on the premise at any time unless the proper permits have been obtained from the City of Anaheim. 8The subject property shall be developed substantially Planning in accordance with the plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department and labeled as Exhibit Nos. 1 (Site Plan) and 2 (Floor Plan)asapproved by the Planning Commission on June 14, 1993,and as conditioned herein -7-PC2010-*** ÅÜÎßÚÌÃ ßÌÌßÝØÓÛÒÌ ÒÑò ì 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 ANAMENDMENT TO CONDITIONAL USE PERMIT NO.3688 (DEV2010-00192) (1440 SOUTHANAHEIM BOULEVARD) WHEREAS, onJune 13,1994the Anaheim Planning Commission(hereinafter referred to as "Planning Commission"), by its Resolution No. PC94-78didapproveConditional Use PermitNo. 3688for a period of seven years, to expire on April 22,2001,to permit a private outdoor hockey rink in conjunction with the Anaheim Indoor Marketplace,and; WHEREAS, onJanuary 17,2001the Planning Commission, by itsResolution No. PC2001-10didapprovea reinstatement of the conditional use permitfor a period of eightyears,to expire onAugust 29, 2010,and; WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for an amendment toConditional Use Permit No.3688,to modify or delete a condition of approval pertaining to a time limitation to retain a previously-approved outdoor hockey rink, and to permit an additional soccer field adjacent to the hockey rink, for certain real property situated in the City of Anaheim, County of Orange, State ofCalifornia, shown on Exhibit “A”, attached hereto and incorporated herein by this reference; WHEREAS, the property is developed with a 133,200 square foot commercial building located in the General Commercial(C-G) zone and the Anaheim General Plan designates this property for General Commercial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 28,2011, 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 amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1.The facts necessary to support each and every finding for the original approval of the entitlement as set forth in this chapter exist. 2.The permit is being exercised substantially in the same manner and in conformance with all conditions and stipulations originally approved. -1-PC2011-*** 3.The permit is being exercised in a manner not detrimental to the particular area and surrounding land uses, nor to the public peace, health, safety and general welfareas there have not been any code violationson this use. 4.With regard to the deletion of a time limitation, such deletion is appropriate because it has been demonstrated that the use has operated in a manner that is appropriate in the underlying zoneand the surrounding area. 5.Theexisting use at the time of approval wasproperly one for which a conditional use permit was authorized by the Zoning Code. 6.The use, as amended, will not adversely affect the adjoining land uses and the growth anddevelopment of the area in which it is locatedas the outdoor recreational fieldshavebeen operating in conformance with conditions of approvaland further there have been no code violations on the use. 7.The size and shape of the site for the existing use is adequate to allow the full development of the use, in a manner not detrimental to either the particular area or health and safety as the outdoor recreational fields havebeen operating in conformance with all conditions of approval and there have been no code violations on the use. 8.The traffic generated by the outdoor recreational fields will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the areaas the outdoor recreational fields havebeen operating in conformance with conditions of approvaland there have been no code violations on the use. 9.The granting of the reinstatement of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. THEREFORE, BE IT RESOLVED, the proposed project falls within the definition of Categorical Exemptions, Class 1(Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exemptfrom the requirement to prepare additional environmental documentation. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission,for the reasons hereinabove stateddoes hereby approve an amendment toConditional Use Permit No.3688 to delete a condition of approval pertaining to a time limitation to retain a previously-approved outdoor hockey rink, and to permit an additional soccer field adjacent to the hockey rink, as requested by the applicant. BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in their entirety, the conditions of approval adopted in connection with Planning Commission Resolution No. PC94-78, adopted in connection with Conditional Use Permit No. 3688, to delete the time limitation as shown in Exhibit “B” attached hereto and incorporated herein by this reference, which conditions are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health and safety of the citizens of the City of Anaheim. -2-PC2011-*** BE IT FURTHER RESOLVED, that this permit is approved without limitations on the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) 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 thisapplication constitutes approval of the proposed request only to the extent that itcomplies with the Anaheim Municipal Zoning Code and anyother 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 March28, 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. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: 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 onMarch28, 2011,by the following vote of the members thereof: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSENT:COMMISSIONERS: th IN WITNESS WHEREOF, I have hereunto set my hand this28day of March, 2011. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4-PC2011-*** ÛÈØ×Þ×Ì -5-PC2011-*** Þ ßÓÛÒÜÓÛÒÌ ÌÑ ÝÑÒÜ×Ì×ÑÒßÔ ËÍÛ ÐÛÎÓ×Ì ÒÑò íêèè øÜÛÊîðïðóððïçî÷ Í×ÙÒÛÜ ÒÑò ÝÑÒÜ×Ì×ÑÒÍ ÑÚ ßÐÐÎÑÊßÔ ÎÛÊ×ÛÉ ÞÇ ÑÚÚ ÞÇ GENERAL 1The outdoor recreational fields shall be utilized by Code organized, supervised private groups only, and shall Enforcement not be open for use by the general public. 2Licensed and uniformed security guards shall be Police provided to the satisfaction of the Anaheim Police Department. 3The subject property shall be developed substantially Planning in accordance with the plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department and labeled as Exhibit Nos. 1 (Site Plan) and 2(Floor Plan)asapproved by the Planning Commission on June 13,1994,and as conditioned herein -6-PC2011-*** ÅÜÎßÚÌÃ ßÌÌßÝØÓÛÒÌ ÒÑò ë 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 ANAMENDMENT TO CONDITIONAL USE PERMIT NO.3817 (DEV2010-00192) (1440 SOUTHANAHEIM BOULEVARD) WHEREAS, onFebruary 6,1996the Anaheim Planning Commission(hereinafter referred to as "Planning Commission"), by its Resolution No. PC96-18didapproveConditional Use PermitNo. 3817for a period of twoyears, to expire on February 5,1998,to permit an indoor entertainment area for a television taping studio, stage for concerts, live theatrical production, and movie screenings in conjunction with the Anaheim Indoor Marketplace,and; WHEREAS, on March 17, 1997 the Planning Commission, by its Resolution No. PC97-29 didapprovea reinstatement of the conditional use permitfor a period of two years,to expire on March 17, 1999, and approve revised plans regarding the modified location of the indoor entertainment center and add a 3,500 square foot outdoor event center, and; WHEREAS, on March 15, 1999 the Planning Commission, by its Resolution No. PC99-47 didapprovea reinstatement of the conditional use permitfor a period of two years,to expire on April 22, 2001,and; WHEREAS, onJanuary 17,2001the Planning Commission, by its Resolution No. PC2001-11didapprovea reinstatement of the conditional use permitfor a period of eightyears,to expire onAugust 29, 2010,and; WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for an amendment toConditional Use Permit No.3817,to modify or delete a condition of approval pertaining to a time limitation to retain a previously-approvedindoor entertainment area for a television taping studio, stage for concerts, live theatrical production, and movie screenings,for certain real property situated in the City of Anaheim, County of Orange, State ofCalifornia, shown on Exhibit “A”, attached hereto and incorporated herein by this reference; WHEREAS, the property is developed with a 133,200 square foot commercial building located in the General Commercial(C-G) zone and the Anaheim General Plan designates this property for General Commercial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 28,2011, at 5:00p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 “Procedures”, to hear and consider evidence for and against said proposed amendment and to investigate and make findings and recommendations in connection therewith; and -1-PC2011-*** 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 facts necessary to support each and every finding for the original approval of the entitlement as set forth in this chapter exist. 2.The permit is being exercised substantially in the same manner and in conformance with all conditions and stipulations originally approved. 3.The permit is being exercised in a manner not detrimental to the particular area and surrounding land uses, nor to the public peace, health, safety and general welfareas there have not been any code violationson this use. 4.With regard to the deletion of a time limitation, such deletion is appropriate because it has been demonstrated that the use has operated in a manner that is appropriate in the underlying zone and the surrounding area. 5.Theexisting use at the time of approval wasproperly one for which a conditional use permit was authorized by the Zoning Code. 6.The use, as amended, will not adversely affect the adjoining land uses and the growth and development of the area in which it is locatedas the the indoor entertainment center hasbeen operating in conformance with conditions of approvaland further there have been no code violations on the use. 7.The size and shape of the site for the existing use is adequate to allow the full development of the use, in a manner not detrimental to either the particular area or health and safety as the the indoor entertainment center hasbeen operating in conformance with all conditions of approvaland there have been no code violations on the use. 8.The traffic generated by the the indoor entertainment center will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the areaas the the indoor entertainment center hasbeen operating in conformance with conditions of approvaland there have been no code violations on the use. 9.The granting of the reinstatement of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. THEREFORE, BE IT RESOLVED, the proposed project falls within the definition of Categorical Exemptions, Class 1(Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission,for the reasons hereinabove stateddoes hereby approve an amendment toConditional Use Permit No.3817 to delete a condition of approval pertaining to a time limitation to retain a previously-approved -2-PC2011-*** indoor entertainment area for a television taping studio, stage for concerts, live theatrical production, and movie screenings, as requested by the applicant. BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in their entirety, the conditions of approval adopted in connection with Planning Commission Resolution No. PC96-18, adopted in connection with Conditional Use Permit No. 3817,to delete the time limitation as shown in Exhibit “B” attached hereto and incorporated herein by this reference, which conditions are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health and safety of the citizens of the City of Anaheim. BE IT FURTHER RESOLVED, that this permit is approved without limitations on the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) 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 thisapplication constitutes approval of the proposed request only to the extent that itcomplies withthe 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 March28, 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. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: 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 onMarch28, 2011,by the following vote of the members thereof: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSENT:COMMISSIONERS: th IN WITNESS WHEREOF, I have hereunto set my hand this28day of March, 2011. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4-PC2011-*** -5-PC2011-*** ÛÈØ×Þ×Ì Þ ßÓÛÒÜÓÛÒÌ ÌÑ ÝÑÒÜ×Ì×ÑÒßÔ ËÍÛ ÐÛÎÓ×Ì ÒÑò íèïé øÜÛÊîðïðóððïçî÷ Í×ÙÒÛÜ ÒÑò ÝÑÒÜ×Ì×ÑÒÍ ÑÚ ßÐÐÎÑÊßÔ ÎÛÊ×ÛÉ ÞÇ ÑÚÚ ÞÇ GENERAL 1Alcoholic beverages shall not be sold or consumed Police within any indoor or outdoor entertainment area or in conjunction with any entertainment events. 2Licensed and uniformed security guards shall be Police provided to the satisfaction of the Anaheim Police Department. 3The indoor entertainment facility shall not exceed the Police, maximum occupancy restrictions as required by the Fire Anaheim Fire Department and Building Division. The owner shall be responsible for maintaining the proper number of occupants in the assembly area as shown on approved exhibits. When the number of occupants reaches seventy five percent (75%)or greater of the posted capacity, the owner shall place personnel at the entrance and a counting device shall be used to maintain the occupant load at or below theposted limit. 4The indoor or outdoor entertainment uses shall not Police occur any later than the operating hours of the main indoor marketplace business. 5The indoor entertainment uses shall be limintedto live Police music concerts, sporting events, closed television broadcasts, and catered banquets. 6This use permit is granted to operate in conjunction Police with Conditional Use Permit No. 3400 (which permits the main indoor marketplace) and shall only bevalid as long as the indoor marketplace is an authorized use on the subject property. 7The automatic fire sprinkler and alarm systems shall Police be maintained as required by the Fire Department. -6-PC2011-*** 8There shall be no admission fee, cover charge, nor Police minimum purchase required. 9If an outside promoter is used, the property owner Police shall provide the Anaheim Police Department with a minimum thirty (30) day advanced notice of any outdoor entertainment event. This notice shall include the name, address, and phone number of the promoter and detailed information regarding the type of event including dates, hours, anticipated attendance, and nature of the event. 10The subject property shall be developed substantially Planning in accordance with the plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department and labeled as Exhibit Nos. 1 (Site Plan) and 2 (Floor Plan)asapproved by the Planning Commission on February 6,1996,and as conditioned herein -7-PC2011-*** ÅÜÎßÚÌÃ ßÌÌßÝØÓÛÒÌ ÒÑò ê RESOLUTION NO. PC2011-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING A CLASS 1 CATEGORICAL EXEMPTION AND AMENDMENT TO CONDITIONAL USE PERMIT NO.2001-04439 (DEV2010-00192) (1440 SOUTHANAHEIM BOULEVARD) WHEREAS, onSeptember 24,2001the Anaheim Planning Commission(hereinafter referred to as "Planning Commission"), by its Resolution No. PC2001-141didapproveConditional Use PermitNo. 2001-04439for a period of one year, to expire on September 24,2002,to permit the on- premises sale and consumption of beer and wine in a proposed restaurantin conjunction with the Anaheim Indoor Marketplace,and; WHEREAS, onSeptember 23,2002the Planning Commission, by its Resolution No. PC2002-143didapprovea reinstatement of the conditional use permitfor a period of eightyears,to expire on August 29, 2010,and; WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for an amendment toConditional Use Permit No.2001-04439,to modify or delete a condition of approval pertaining to a time limitation to retain a previously-approved on-premises sale and consumption of beer and wine in an existing restaurantfor certain real property situated in the City of Anaheim, County of Orange, State ofCalifornia, shown on Exhibit “A”, attached hereto and incorporated herein by this reference; WHEREAS, the property is developed with a 133,200 square foot commercial building located inthe General Commercial(C-G) zone and the Anaheim General Plan designates this property for General Commercial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 28,2011, 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 amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1.The facts necessary to support each and every finding for the original approval of the entitlement as set forth in this chapter exist. 2.The permit is being exercised substantially in the same manner and in conformance with all conditions and stipulations originally approved. -1-PC2011-*** 3.The permit is being exercised in a manner not detrimental to the particular area and surrounding land uses, nor to the public peace, health, safety and general welfareas there have not been any code violationson this use. 4.With regard to the deletion of a time limitation, such deletion is appropriate because it has been demonstrated that the use has operated in a manner that is appropriate in the underlying zone and the surrounding area. 5.Theexisting use at the time of approval wasproperly one for which a conditional use permit was authorized by the Zoning Code. 6.The use, as amended, will not adversely affect the adjoining land uses and the growth and development of the area in which it is locatedas the restauranthas been operating in conformance with conditions of approvaland further there have been no code violations on the use. 7.The size and shape of the site for the existing use is adequate to allow the full development of the use, in a manner not detrimental to either the particular area or health and safety as the restaurant has been operating in conformance with all conditions of approvaland there have been no code violations on the use. 8.The traffic generated by the restaurant will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the areaas the restaurant has been operating in conformance with conditions of approvaland there have been no code violations on the use. 9.The granting of the reinstatement of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. THEREFORE, BE IT RESOLVED, the proposed project falls within the definition of Categorical Exemptions, Class 1(Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission,for the reasons hereinabove stateddoes hereby approve an amendment toConditional Use Permit No.2001- 04439to delete a condition of approval pertaining to a time limitation to retain a previously- approved on-premises sale and consumption of beer and wine in an existing restaurantas requested by the applicant. BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in their entirety, the conditions of approval adopted in connection with Planning Commission Resolution No. PC2001-141, adopted in connection with Conditional Use Permit No. 2001-04439, to delete the time limitation as shown in Exhibit “B” attached hereto and incorporated herein by this reference, which conditions are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health and safety of the citizens of the City of Anaheim. -2-PC2011-*** BE IT FURTHER RESOLVED, that this permit is approved without limitations on the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) 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 thisapplication constitutes approval of the proposed request only to the extent that itcomplies 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 March28, 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 bereplaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: 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 onMarch28, 2011,by the following vote of the members thereof: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSENT:COMMISSIONERS: th IN WITNESS WHEREOF, I have hereunto set my hand this28day of March, 2011. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4-PC2011-*** ÛÈØ×Þ×Ì -5-PC2011-*** Þ ßÓÛÒÜÓÛÒÌ ÌÑ ÝÑÒÜ×Ì×ÑÒßÔ ËÍÛ ÐÛÎÓ×Ì ÒÑò îððïóðììíç øÜÛÊîðïðóððïçî÷ Í×ÙÒÛÜ ÒÑò ÝÑÒÜ×Ì×ÑÒÍ ÑÚ ßÐÐÎÑÊßÔ ÎÛÊ×ÛÉ ÞÇ ÑÚÚ ÞÇ GENERAL 1At all times when the premise is open for business, the Police premise shall be maintained as a bona fiderestaurant and shall provide a menu containing an assortment of foods normally offered in such restaurant. 2The gross sales of alcoholic beverages shall not Police exceed 40 percent of the gross sales of all retail sales during any three (3) month period. The applicant shall maintain records on a quarterly basis indicating the separate amounts of sales of alcoholic beverages and other items. These records shall be made available for inspection by any City of Anaheim official when requested. 3The sale of alcoholic beverages for off premises Police consumption shall be prohibited. 4There shall be no exterior advertising of any kind or Police type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 5That subject alcoholic beverage license shall not be Police exchanged for a public premise (bar) type license nor shall the establishment be operated as a public premise as defined in Section 23039 of the Business and Professions Code. 6There shall be no admission fee, cover charge, nor Police minimum purchase required. -6-PC2011-*** Í×ÙÒÛÜ ÒÑò ÝÑÒÜ×Ì×ÑÒÍ ÑÚ ßÐÐÎÑÊßÔÎÛÊ×ÛÉ ÞÇ ÑÚÚ ÞÇ GENERAL 7There shall be no live entertainment, amplified music Police or dancing permitted on the premise at any time unless the proper permits have been obtained from the City of Anaheim. 8The subject property shall be developed substantially Planning in accordance with the plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department and labeled as Exhibit Nos. 1 (Site Plan) and 2(Floor Plan)asapproved by the Planning Commission on September 24,2001,and as conditioned herein. -7-PC2011-*** ATTACHMENT NO. 7 RESOLUTION NO. PC2011-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT ACLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVINGCONDITIONAL USE PERMIT NO. 2010-05545 (DEV2010-00192) (1440 SOUTH ANAHEIM BOULEVARD) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2010-05545 to permit a commercial indoor and outdoor recreational facility, including indoor amusement devices and an outdoor arcade within a tent structurein conjunction with the Anaheim Indoor Marketplace,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 property is developed with a 133,200 square foot commercial building located in the General Commercial(C-G) zone and the Anaheim General Plan designates this property for General Commercial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 28,2011, 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 atsaid hearingwith respect to the requestto permit a commercial indoor and outdoor recreational facility, including indoor amusement devices and an outdoor arcade within a tent structureshould be approved for the following reasons: 1.The proposed request to permit commercial indoor and outdoor receational facilitiesin the General Commercial (C-G) zone is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section18.08.030.010 (Recreation – Commercial Indoor/Outdoor). 2.The proposed commercial indoorrecreational facility, 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 arcade machines located inside the building and adjacent to the main entrances would be suitable as an accessory use within the indoor marketplace building and would have no adverse affects to adjoining land uses.Moreover, the outdoorarcade and tent structurewould not adversely affect the adjoining land uses and the growth and development of the areabecause the facility is concealed within the rear yard area and is not visible from public view along Cerritos Avenue and Anaheim Boulevard. In addition, the outdoor facility operates as an accessory use to the indoor marketplace and as a recreational amenity to the soccer field operation. 3.The traffic generated by the proposed commercial indoor and outdoor recreational facilitywill 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 weekday hours on the adjacent highways. 4.The granting of the proposed commercial indoor recreational facilityunder 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 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 approveConditional Use Permit No. 2010-05545,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 welfareof 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 bythe 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 thisapplication constitutes approval of the proposed request only to the extent that itcomplies 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 March 28, 2011. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission heldonMarch 28, 2011,by the following vote of the members thereof: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSENT:COMMISSIONERS: th IN WITNESS WHEREOF, I have hereunto set my hand this 28day ofMarch, 2011. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2010-05545 (DEV2010-00192) REVIEW SIGNED NO.CONDITIONS OF APPROVALBYOFF BY GENERAL CONDITIONS 1All required permits for the unpermitted tent structure and Code outdoor arcade shall be obtained from the Building Division Enforcement, and Fire Departmentwithin 90days of the date of this Building, Fire resolution, otherwise, the tent structure and the arcade devices within that structure shall be removed from the property. 2The outdoor arcade and tent are granted to operate exclusively in conjunction with Conditional Use Permit No. 3688(which permits the two outdoor soccer fields) and shall only be valid as long as the soccer fields are an authorized use on the subject property. 3A maximum of 52amusement arcade devices shall be Code permitted within the indoor marketplace building,adjacent to Enforcement the west and south entrances, and within the tent structure, as shown on approved exhibits. 4Security measures shall be provided to the satisfaction of the Police 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. 5Adequate lighting of parking lots, driveway, circulation Police 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 information shall be specifically shown on plans submitted for Police Department, Community Services Division approval. 6Theproperty shall be developed substantially in accordance Planning with plans and specifications submitted to the City of Anaheim by the applicantand which plans are on file with the Planning Department marked Exhibit Nos.1 (Site Plan) and 2 (Floor Plan), and as conditioned herein. ATTACHMENT NO. 8 RESOLUTION NO. PC2011-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT ACLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVINGCONDITIONAL USE PERMIT NO. 2011-05553 (DEV2011-00023) (1440 SOUTH ANAHEIM BOULEVARD) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2011-05553toestablish a new automobile sales facility in conjunction with the Anaheim Indoor Marketplace,for certain real property situated in the City of Anaheim, County of Orange, State of California, shown onExhibit “A”, attached hereto and incorporated herein by this reference WHEREAS, the property is developed with a 133,200 square foot commercial building located in the General Commercial(C-G) zone and the Anaheim General Plan designates this property for General Commercial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 28,2011, 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 hearingwith respect to the requestto establish a new automobile sales facility should be approvedfor the following reasons: 1.The proposed request to permit auto sales in the General Commercial (C-G) zone is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section18.08.030.010 (Automotive–Car Sales and Rental). 2.The proposed auto sales, 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 auto sales office would belocated inside the building and there is asufficient amount of spaces in the parking lot to accommodate the twenty display spaces being proposed by the applicant. 3.The traffic generated by the proposed auto sales 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 be negligible. 4.The granting of the proposed auto salesunder 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 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 approveConditional Use Permit No. 2011-05553toestablish a new automobile sales facilityin conjunction with the Anaheim Indoor Marketplace,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 thisapplication constitutes approval of the proposed request only to the extent that itcomplies 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 March 28, 2011. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission heldonMarch 28, 2011,by the following vote of the members thereof: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSENT:COMMISSIONERS: th IN WITNESS WHEREOF, I have hereunto set my hand this 28day ofMarch, 2011. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2011-05553 (DEV2011-00023) REVIEW SIGNED NO.CONDITIONS OF APPROVALBYOFF BY GENERAL CONDITIONS 1A maximum of twenty (20) automobiles shall be permitted to Code be displayed in the front (westerly) parking lot and in the Enforcement locationsshown on approved exhibits. 2Signs, banners, balloons or other advertising devices shall Code only be permitted to the extent allowed by Code; however, Enforcement such advertising devices shall only be oriented towards on- site swap meet patrons and shall not be visible from the adjacent public streets. 3Theproperty shall be developed substantially in accordance Planning with plans and specifications submitted to the City of Anaheim by the applicantand which plans are on file with the Planning Department marked Exhibit Nos.1 (Site Plan) and 2 (Floor Plan), and as conditioned herein. ßÌÌßÝØÓÛÒÌ ÒÑò ç ßÌÌßÝØÓÛÒÌ ÒÑò ïð Ó Û Ó Ñ Î ß Ò Ü Ë Ó CITY OF ANAHEIM Code Enforcement Division DATE:JANUARY 26, 2010 TO:DAVID SEE, SENIOR PLANNER FROM:KEN MARSH, CODE ENFORCEMENT OFFICER #1016 SUBJECT:I.D.C. MEMORANDUM FOR THE PROPERTY LOCATED AT 1440 S. ANAHEIM BLVD. –“ANAHEIM MARKETPLACE” ÎÛÓßÎÕÍæ On August 4, 2010, I conducted an inspection of the property regarding an unpermitted large, circus tent displayed outside on the east side of the Anaheim Marketplacebuilding. During this inspection, The tent appeared to be missing several of the main support poles, there were unpermitted extension cords and lights hanging from the inside of the tent, and a check of the City of Anaheim Building Division records indicated there was no permit for the structure. Underneath the tent there was 1 token machine, 5 coin operated foosball machines, 4 coin operated air hockey tables, and several coin operated riding arcade machines. A check of Planning Department records indicated Anaheim Marketplace was allowed to operate only 25 arcade machines inside their building as per their Conditional Use Permit. There are approximately 50 arcade machines throughout the Marketplace. Code Enforcement records indicate a history of Anaheim Municipal Code Violations such as: 1.Unpermitted outside uses at the Marketplace: Circus tent, arcade devices, and merry-go- rounds. 2.Unpermitted electrical lighting and wiring underneath the tent. 3.Unpermitted circus tent located on the east side of the building. 4.Unpermitted picnic rental area underneath the circus tent. 5.Lack of Business Licenses for the numerous arcade, vending, service, and ATM machines throughout the complex. 6.Expired Conditional Use Permit #CUP3606 7.Expired Conditional Use Permit #CUP3545 8.Expired Conditional Use Permit #CUP3688 9.Expired Conditional Use Permit #CUP3817 10.Expired Conditional Use Permit #CUP2001-04439 ÓÛÓÑÎßÒÜËÓ ïììð Íò ßÒßØÛ×Ó ÞÔÊÜò ÐßÙÛ î ÑÚ í On January 26, 2011 I conducted a re-inspection of the property in order to update the amount and type of arcade, vending, and service machines. During this inspection, I observed the following machines located throughout the complex. See attached vending machine may for locations of machines: Interior of Marketplace, adjacent to gate #8 (15-16) –9 gumball, sticker, and toy machines(see photo #1). ±«¬·¼» ±º ¹¿¬» ýç Exterior of Marketplace, , underneath entrance cover –1 merry-go- round and 3 card, gumball and toy machines (see Photo #2). «²¼»®²»¿¬¸ ¬»²¬ Exterior of Marketplace, –8 ride machines, 1 token machine, 1 change, 5 foosball, and 4 air hockey machines (see photos #3, 4, 5, 6, 7, 8, 9, and 10). Interior of Marketplace, Food Courtyard area -1 massage chair, 1 stacker (prize) machine, 4 claw machines, ATM machine (see photos # 11, 12, 13). Interior of Marketplace, adjacent to gate #11 –1 claw machine, 5 shooting and driving machines, 6 gumball, toy, and card machines, and 1 change machine (see photos # 14, 15, and 16). Interior of Marketplace, adjacent to 99 cents store –2 cokemachines, 2 claw machines, 1 reindeer riding machine, 4 fortune telling machines, 8 gumball, toy, and sticker machines, 3 gumball machines (see photos # 17, 18, 19, 20, and 21). Interior of Marketplace, adjacent to gate #14 –1 ATM Machine, 8 gumball, toy, and sticker machines, and 1 scale machine(see photos # 22, 23,and 24). Interior of Marketplace, adjacent to gate #1–1 ATM Machine (see photos # 25, and 26). Exterior of Marketplace, exterior of gate #1 –1 merry-go-round and 3 ride machines (see photos # 27 and 28). Interior of Marketplace, adjacent to gate # 2 –1 scale machine (see photos # 29, and 30). Interior of Marketplace, adjacent to gate #4 –6 gumball, toy, and tattoo machines (see photos # 31 and 32). Interior of Marketplace, adjacent to gate #5 –4 toy machines and 9 gumball machines (see photos # 33 and 34). Interior of Marketplace, adjacent to gate #6 –3 ride machine, 1 coke machine, 1 change machine, 4 shooting machines, 1 penny machine, 1 claw machine (see photos # 35, 36, 37, and 38). Interior of Marketplace, adjacent to gate #7 –1 ATM machine (see photos # 39 and 40). Interior of Marketplace, adjacent to restrooms (map #44-54) –2 toy machines, 17 toy, gumball, and card machines, 2 kiddy ride machines, 1 claw machine, 1 scale machine, 1 gumball, and 1 change machine(see photos #41, 42, 43, 44, and 45 att10_ce_memo.doc ÓÛÓÑÎßÒÜËÓ ïììð Íò ßÒßØÛ×Ó ÞÔÊÜò ÐßÙÛ í ÑÚ í ÌÑÌßÔ ÑÚ ßÔÔ ÓßÝØ×ÒÛÍæ TOKEN MACHINE (1) RIDE MACHINES (19) GUMBALL-TOY-STICKER MACHINES (76) CHANGE MACHINES (4) MASSAGE CHAIR (1) STACKER (PRIZE) MACHINE (1) CLAW MACHINES (6) SHOOTING MACHINES (9) COKE MACHINES (3) FORTUNE TELLING MACHINES (4) ATM MACHINES (4) SCALE MACHINES (2) PENNY MACHINE (1) FOOSBALL MACHINES (5) AIR HOCKEY MACHINES (4) Please contact me at extension #4595 if I can be of further assistance. att10_ce_memo.doc ßÌÌßÝØÓÛÒÌ ÒÑò ïï ßÌÌßÝØÓÛÒÌ ÒÑò ïî 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 ATTACHMENT NO. 2__ ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANAHEIMAMENDING SUBSECTION .010 OF SECTION 18.44.110 OF CHAPTER 18.44 AND SUBSECTION .020 OF SECTION 18.62.040OF CHAPTER 18.62OF TITLE 18OF THEANAHEIM MUNICIPAL CODE RELATING TOWALL SIGNS. (ZONING CODE AMENDMENT 2011-00094) (DEV2011-00003) THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That subsection .010 of Section 18.44.110 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".010Wall Signs.Wall signs are allowed in non-residential zones, including commercial uses in the “T” zone, unless otherwise provided herein.The total aggregate area of wall signs(s), including the area of awning signs or similar signs affixed to the building elevation, shall not exceed ten percent (10%) of the area of the face of the building to which such sign(s) is attached, or two hundred (200) square feet, whichever is less.Wall signs shall avoid text imagery that duplicates freestanding signs on the same property.Wall signs shall comply with the following provisions: .0101The maximum number of allowable signs shall be limited to one per building elevation or one per business for buildings with multiple tenants/businesses fronting on a street. Twoadditional wall signsmay be permitted for a singular tenant on any one wall, only when that tenant's frontage exceeds one hundred (100) lineal feet along said wall.In addition to the primary wall signfacing a street frontage, secondary wall signs for businesses facing a parking lot, or for corner tenants with two frontages, are permitted..The sign shall have only one (1) display surface; 0102 Amaximum of three wall signs per building elevationis permitted for office buildings with four or more stories in height, only when thebuilding frontage exceeds one hundred (100) lineal feet along said elevation. .0103The maximum aggregate area of allowable wall signs per building elevation is limited to one square foot of sign area per lineal foot of that building elevation. Wall signs for individual tenants shall not exceed one square foot of area per lineal foot of saidtenant’s building frontage.The maximum number of allowable signs is as follows: -1- ATTACHMENT NO. 2__ .0104The maximum aggregate area of allowable wall signs per building elevation for buildings with four or more stories shall be limited to threesquare feet of sign area per lineal foot of that building elevation. Ô·²»¿® Ú»»¬ ±º Þ«·´¼·²¹ Ò«³¾»® ±º É¿´´ Ú®±²¬¿¹» º±® ¬¸» Ë»Í·¹² 0-40 feet1 41-80 feet2 81 or more feet3 .0103The maximum height of letters is as follows: Ø»·¹¸¬ ±º ¬¸» Í·¹² Ø»·¹¸¬ ±º Ô»¬¬»® ø²«³¾»® ±º ¬±®·» ø·²½¸»÷ ¿¾±ª» ¹®±«²¼÷ 1-3 stories24 4-5 stories36 6 or more stories48 .0104The maximum logo or trademark symbol height shall not be more than one and one-half (1-1/2) times the size of the permitted maximum letter height; .0105The single display surface shall be placed parallel to, and in front of, any exterior wall of the building; .0106The sign shall be placed on a flat surface and not on a decorative architectural feature of the structure; .0107The sign shall not project over or into any public right-of-way; .0108The sign shall not project above the parapet or eaves of the building, whichever is lower; and .0109The single display surface, including individual letters, shall not project more than twelve (12) inches beyond the wall or structure to which it is attached." SECTION 2. That subsection .020 of Section 18.62.040of Chapter 18.62of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: -2- ATTACHMENT NO. 2__ ".020Types of Adjustments. Administrative adjustments may be approved or conditionally approved by the Planning Director in the following matters: .0201Dimensionalrequirements for front setbacks: up to twenty percent (20%) may be approved by the Planning Director. .0202All other dimensional or percentage limitations or requirements of this Title, except fences, walls, hedges and berms: a maximum deviation of ten percent (10%).A deviation of 10% or less from the requirements for parking may be processed subject to Section 18.42.050 (Location of Parking and Off-Site Parking Arrangements) and Section 18.42.120 (Off-Site Parking Permits). .0203Maximum height requirements for fences, walls, hedges and berms in any required structural setback or yard in any non-residential zone separating any non-residential from an adjacent residential zone where the additional height is reuqired to minimize negative impacts to the residential use. .0204Reconstruction of structures accessory to historic residences in conformance with subsection 18.56.040.060. .0205Garage location and access requirements. .0206Parking requirements subject to the provision of Section 18.42.110 (Parking Variances) and Section 18.42.050 (Location of Parking and Off-Site Parking Arrangements) of Chapter 18.42 (Parking and Loading). .0207Maximum area of allowable wall signs subject to the limitations of Section 18.44.110.010(Wall Signs and Other Types of Signs): up to twenty (20%) may be approved by the Planning Director." SECTION 3.SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION4.SAVINGS CLAUSE. Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as awaiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted -3- ATTACHMENT NO. 2__ by the City relating to the same subjectmatter, shall be construed as restatements and continuations, and not as new enactments. SECTION5.PENALTY. Except as may otherwise be expressly provided, any person who violates any provision of this ordinance is guilty of a misdemeanor and shall, upon conviction thereof, be punished in the manner provided in Section 1.01.370 (Violations of Code-Penalty) of the Anaheim Municipal Code. -4- ATTACHMENT NO. 2__ THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the ____ day of ______________, 2011, and thereafter passed and adopted at a regular meeting of said City Council held on the ____ day of ______________, 2011, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ANAHEIM By:___________________________________ MAYOR OF THE CITY OF ANAHEIM ATTEST: ______________________________________ CITY CLERK OF THE CITY OF ANAHEIM 82101.v1/MGordon -5- 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