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PC 2011/07/18City of Anaheim Planning Commission Agenda Monday, July 18, 2011 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California Chairman: Stephen Faessel Chairman Pro-Tempore: Peter Agarwal Commissioners: Todd Ament, Joseph Karaki, HarryPersaud Victoria Ramirez, John Seymour Alcohol Beverage Control (ABC) Workshop –4:00 p.m. 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, July14, 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: APPEAL OF PLANNING COMMISSION ACTIONS Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits, Variances, Public Convenience or Necessity Determinations, 10calendar days Tentative Tract and Parcel Maps will be final after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal inthe 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. If you challenge any one of these City of Anaheim decisions in court, you may belimited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. AnaheimPlanningCommission Agenda -5:00 P.M. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or public comments on agenda items with the exception of public hearing items. Consent Calendar: The items on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Planning Commission, staff,or the public request the item to be discussed and/or removed from the Consent Calendar for separate action. 07/18/11 Page 2of 6 ITEM NO. 2 CONDITIONAL USE PERMIT NO. 2011 -05559 Resolution No. _ (DEV2011- 00044) Location: 2201 East Winston Road, Suite H The applicant proposes to permit a community and religious Project Planner. assembly hall in an existing industrial building. Vanessa Norwood Dealer Direct). vnorwood(a). anaheim. net Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare Categorically Exempt from the requirement to prepare additional environmental documentation per California additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines - Class 1 Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). (Existing Facilities). ITEM NO. 3 CONDITIONAL USE PERMIT NO. 2011 -05560 Resolution No. _ (DEV2011- 00050) Location: 633 South East Street The applicant proposes to retain a previously approved Project Planner. automotive wholesale and retail auction facility (Quartz Della Herrick Dealer Direct). dhernck(aDanaheim.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). 07/18/11 Page 3 of 6 ITEM NO. 4 CONDITIONAL USE PERMIT NO. 2007- 05202C* VARIANCE NO. 2009- 04784B (DEV2009- 00097C) Location: 1055 East Ball Road The applicant proposes to amend a previously- approved conditional use permit to permit a banquet hall facility, including the sale and consumption of alcoholic beverages and use of an off -site parking lot, in conjunction with a 6- story office building, restaurant, and public dance hall currently under construction with fewer parking spaces than required by code (Extron). Environmental Determination: An Addendum to a previously- approved Mitigated Negative Declaration has been determined to serve as the appropriate environmental documentation for this request in accordance with the provisions of the California Environmental Quality Act (CEQA). *Advertised as Conditional Use Permit No. 2002- 05202C Resolution No. Project Planner. David See dsee(aD.anaheim.net Adjourn to Monday, August 1, 2011 at 5:00 p.m. 07/18/11 Page 4 of 6 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 4:30 p.m.July 13, 2011_ (TIME)(DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASEAND COUNCIL DISPLAY KIOSK SIGNED: ANAHEIM CITY PLANNING COMMISSION 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 in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such modification, accommodation, aid or service by contacting the Planning Department either in person at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at (714) 765-5139, no later than 10:00 a.m. one business day preceding the scheduled meeting. La ciudad de Anaheim desea hacer todas sus reuniones y audiencias públicas accesibles a todos los miembros del público. La Ciudad prohíbe la 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 modificación relativa 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 en el 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. 07/18/11 Page 5of 6 S C H E D U L E 2011 August 1 August 15 August 29 September 12 September 26 October 10 October 24 November 7 November 21 December 5 December 19 07/18/11 Page 6of 6 ßÌÌßÝØÓÛÒÌ ÒÑò ï ÎÓ ÎÓóì ÚÑËÎ ÎÓóì Õ×ÒÙ ÑÚ ÍÐß×Ò ÉßÌÛÎÎ×ÜÙÛßÐßÎÌÓÛÒÌÍ ßÐßÎÌÓÛÒÌÍ ïðì ÜË îîð ÜË ÎÓóì ÝóÙ ÚÑËÎÐÔÛÈ ÑÚÚ×ÝÛÍ × ÎÝÔ ëêóëéóéê ÝËÐ îðïïóðëëëç ÝËÐ íðîë × ÝËÐ îíêì ×ÒÜËÍÌÎ×ßÔ × ÝËÐ îïçé ×ÒÜËÍÌÎ×ßÔ ÝËÐ îïéë ÝËÐ îïïê ÊßÎ éìç ÜÛÊ îðïïóðððìì ×ÒÜËÍÌÎ×ßÔ × × ×ÒÜËÍÌÎ×ßÔ ËóÍÌÑÎÛ ÐËÞÔ×Ý ÍÌÑÎßÙÛ Ì×ÒÙ ðëðïðð p ß»®·¿´ Ð¸±¬±æ Ó¿§ îðïð Ú»»¬ ßÐÒæ îëíóïëïóðí Í«¾¶»½¬ Ð®±°»®¬§ ÜÛÊ Ò±ò îðïïóðððìì îîðï Û¿¬ É·²¬±² Î±¿¼ ïïïíï ßÌÌßÝØÓÛÒÌ ÒÑò ï ðëðïðð p ß»®·¿´ Ð¸±¬±æ Ó¿§ îðïð Ú»»¬ ßÐÒæ îëíóïëïóðí Í«¾¶»½¬ Ð®±°»®¬§ ÜÛÊ Ò±ò îðïïóðððìì îîðï Û¿¬ É·²¬±² Î±¿¼ ïïïíï [DRAFT]ATTACHMENT NO. 2 RESOLUTION NO. PC2011-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING A CLASS 1CATEGORICAL EXEMPTION AND CONDITIONAL USE PERMIT NO. 2011-05559 (DEV2011-00044) (2201EAST WINSTON ROAD, SUITE H) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No.2011-05559,to permit areligious and community assembly facility pursuant to Code Section No. 18.60.180of the Anaheim Municipal Code for certainreal 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 currently developed with anindustrial complex, located in the IndustrialZone and the Anaheim General Plan designates this property for Industrialland uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim onJuly 18, 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 conditionaluse permitand 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 proposed church is properly one for which a conditional use permit is authorized under Code SectionNo. 18.10.030.010. 2.The proposed church will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be locatedbecausechurch services will be limited to the days and hours when most businesses in the center are closed; 3.The size and shape of the site proposed for the church is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety; 4.The traffic generated by the church will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the volume of traffic planned for the streets and highways in the area and because use of thisfacility will be off-peak from the parking demand of other uses in the center; -1-PC2011-*** 5.The granting of the conditionaluse 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 the surrounding area. WHEREAS, the Planning Commission after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearingwith respect to the request for a variance, does find and determine the following facts: 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. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission, for the reasons hereinabove stated does hereby approves Conditional Use Permit No.2011-05559to permit achurch on property located at 2201 EastWinston Road, Suite H. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby grant Conditional Use Permit No. 2011-05559subject to the conditions of approval described in Exhibit “B”attached hereto and incorporated herein 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 safety and general welfare 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 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. -2-PC2011-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting ofJuly 18, 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 onJuly 18, 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 this18day ofJuly, 2011. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3-PC2011-*** -4-PC2011-*** EXHIBIT“B” CONDITIONAL USE PERMIT NO.2011-05559 (DEV2011-00044) SIGNED NO.CONDITIONS OF APPROVALREVIEW BYOFF BY PRIOR TO COMMENCEMENT OF THE BUSINESS 1This church facility shall not include any child day care or pre-Code Enforcement school activities, except during church services. 2No outdoor uses and/or assembly or outdoor storage shall occur Code Enforcement on the property. 3Church services shall be permitted from 7:00p.m. to 11:00 p.m. Code Enforcement on weekdaysand any time on weekends. Incidental church office uses are not subject to this restriction. 4No portable signage shall be utilized to advertise the church.Code Enforcement 5The property shall be permanently maintained in an orderly Code Enforcement fashion through the provision of regular landscaping maintenance, removal of trash or debris, andremoval of graffiti within twenty four (24) hours from time of occurrence. Rear entrance doors shall be numbered in the same address 6Police Department numbers or suite number of the business. Minimum height of 4” recommended. Allexterior doors to have adequate security hardware, e.g. 7Police Department deadbolt locks. File Emergency Listing Card, Form APD-281, with the Police 8Police Department 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 9The subject property shall be developed substantially in Planning accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit No. 1 (Site Plan) and Exhibit No. 2 (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 ßÌÌßÝØÓÛÒÌ ÒÑò ï ÎÓóì ßÐÌÍ îð ÜË ÎÓóì ÚÑËÎÐÔÛÈ ÎÍóï Í×ÒÙÔÛ ÚßÓ×ÔÇ ÎÛÍ×ÜÛÒÝÛ × ÎÝÔ ìçóëðóì × ÝËÐ îðïïóðëëêð × ×ÒÜËÍÌÎ×ßÔ ÝËÐ îððèóðëíëê ×ÒÜËÍÌÎ×ßÔ ÝËÐ îððéóðëîíì ÝËÐ îððëóðìçèî ÝËÐ îððíóðìéîë ÝËÐ îððïóðììçé ÝËÐ íêïì ÝËÐ íëíí ÝËÐ ïíîî ÊßÎ îððçóðìééê ÊßÎ îéîï ÊßÎ îêçç ÜÛÊ îðïïóðððëð ×ÒÜËÍÌÎ×ßÔ × ÍÛÎÊ×ÝÛ ÍÌßÌ×ÑÒ ÎÓóì ÜËÐÔÛÈ ÎÓóì ßÐÌÍ ïì ÜË ðëðïðð p ß»®·¿´ Ð¸±¬±æ Ó¿§ îðïð Ú»»¬ ßÐÒæ ðíéóïíðóîï Í«¾¶»½¬ Ð®±°»®¬§ ÜÛÊ Ò±ò îðïïóðððëð êíí Í±«¬¸ Û¿¬ Í¬®»»¬ ïïïíî ßÌÌßÝØÓÛÒÌ ÒÑò ï ðëðïðð p ß»®·¿´ Ð¸±¬±æ Ó¿§ îðïð Ú»»¬ ßÐÒæ ðíéóïíðóîï Í«¾¶»½¬ Ð®±°»®¬§ ÜÛÊ Ò±ò îðïïóðððëð êíí Í±«¬¸ Û¿¬ Í¬®»»¬ ïïïíî [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. 2011-05560 (DEV2011-00050) (633 SOUTH EAST STREET) WHEREAS, the Planning Commission did receive a verified Petition for Conditional Use Permit No. 2011-05560to retain awholesale and retail auto auction facilityfor 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.75-acre property is developed with a wholesale and retail auto 1 auction facility the property is located in the (I)Industrial zone and the 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 Anaheim onJuly 18,2011at 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 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 retain an existing wholesale and retail auto auction facilityshould be approved for the following reasons: The proposed conditional use permit requestto retain a wholesale and retail auto auction facility is properly one for which a conditional use permit is authorized under Code Section No. 18.10.030.010.0404 (Automotive–Car Sales & Rental)of the Anaheim Municipal Code. 1.The proposed the conditional use permit to retain awholesale and retail auto auction facilityas conditioned herein,will not adversely affect the adjoining land uses and the growth and development of the area in which it is located because the operator has incorporated operational measures to ensure the patrons and employees of the facility park within designated areas only. -1-PC2011-*** 2.The size and shape of the site for the use is adequate to allow the existing auto auction facility in a manner not detrimental to the particular area or to the health due to the proposed and implemented conditions of approval. 3.The traffic generated by the existing auto auction facility does 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 traffic on the surrounding streetsand there is adequate parking on-site the site and at the off-site parking lot located at 1275 East Broadway to accommodate the use. 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 integrated with the surrounding industrial area and would 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. 2011-05560and 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 ofJuly 18, 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 heldonJuly 18, 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 18day ofJuly, 2011. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3-PC2011-*** -4-PC2011-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2011-05560 (DEV2011-00050) REVIEWSIGNED NO.CONDITIONS OF APPROVAL BYOFF BY GENERAL CONDITIONS –ONGOING DURING OPERATION 1The hours of operation, except for off-loading Code Enforcement of vehicles, shall be limited to the following, as stipulated by the applicant: 8:30 a.m. -9:00 p.m. on Monday 9:00 a.m. -5:00 p.m. on Tuesday through Saturday Automotive auctions may be conducted on Mondays and Fridays for a maximum of three (3) hours on each day. 2The business shall comply with the following Code Enforcement operational limitations in order to discourage patrons from parking on the nearby residential streets: A)A uniformed employee shall be stationed at the intersection of East Street and Crestbrook Place starting 3 hours in advance of, and during,auction hours to inform patrons they will not be allowed to enter the auction if they do not use the off-site parking lot at 1275 East Broadway. B)Each auction attendee shall be provided a map and directions to the off-site parking location in advance of the auction date. The map and directions shall be included in all promotional material generated to advertise the business. C)Admittance to the auction shall be limited to those patrons who park on-site and/or park in the off-site parking location at 1275 East Broadway and obtain a wristband from the shuttle bus driver documenting they parked at the off-site parking location. 3All auction vehicles shall be operable and Code Enforcement parked in the screened storage area only. -5- 4The 10-foot wide landscaped planter area Code Enforcement adjacent to East Street shall be properly maintained with ground cover and shrubs. 5No required parking area shall be fenced or Code Enforcement otherwise enclosed for outdoor uses other than parking. 6The property shall be permanently maintained Code Enforcement in an orderly fashion by providing regular landscape maintenance, removal of trash and debris, and removal of graffiti within twenty- four (24) hours from time of discovery. 7Thechain-link fence shall be maintained and Code Enforcement screened with PVC slats. Said slats shall be maintained in good condition. 8Signage for subject facility shall be limited to Planning the existing and legally permitted signage. Any additional signage shall be subject to review approval by Planning Department staff. 9Trash storage areas shall be maintained in a Public Works, location acceptable to the Public Works Streets and Department, Streets and Sanitation Division Sanitation and in accordance with approved plans on file withsaid Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas that are visible to the public shall be protected from graffiti opportunities by the use of plant materials such as clinging vines, planted on maximum 3-foot centers, or tall shrubbery. 10Auto maintenance and repair shall not be Code Enforcement permitted, nor shall there be any retail sales or displayof vehicles. 11There shall be no off-loading of vehicles Code Enforcement between the hours of 10 p.m. to 6 a.m. 12Off loading of vehicles shall be limited to Code Enforcement Rose Street behind (west of) the auction facility. 13On-site car washing shall be limited to Code Enforcement washing with tap water or deionized water without the use of soaps or detergents. -6- Solvents or degreasers may be used on a spot basis, but shall be wiped off before the vehicle is rinsed. 14Theproperty shall be developed substantially Planning in accordance 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 and Floor Plan) and as conditioned herein. -7- ßÌÌßÝØÓÛÒÌ ÒÑò í ßÌÌßÝØÓÛÒÌ ÒÑò ì M E M O R A N D U M CITY OF ANAHEIM Code Enforcement Division DATE:JUNE 6, 2011 TO:DELLA HERRICK, ASSOCIATE PLANNER FROM:MAYO SALAZAR, CODE ENFORCEMENT OFFICER #1019 SUBJECT: 633 S. EAST STREET On June 6, 2011, I conducted an inspection of the property located at 633 S. East Streetfrom 5:30 p.m. to 7:30 p.m. The inspection was in regards to retain an existing wholesale automotive auction. Upon inspecting the property, I found all previous listed conditions were in compliance: Observed all auction vehicles stored in the site screened area. Observed no customer vehicles parked on 1200 block of E. Crestbrook Lane. Observed required landscape maintained. Observed property maintained and graffiti free. Observed chain-link fence maintained with required PVC slats. Observed trash storage area maintained. Observed the required attendant stationed at the corner of East Street and Crestbrook during the Monday Night auction, he was directing customers not to park in the residential area. A search of the Code Enforcement Division Records revealed the property has noopen cases regarding Anaheim Municipal Code violations. If you have any further questions, please contact me at ext. 4403. Mayo Salazar Code Enforcement Officer #1019 msalazar@anaheim.net 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 ßÌÌßÝØÓÛÒÌ ÒÑò ï × ÎÝÔ ëîóëíóïé ÝËÐ îððèóðëíéï ÝËÐ îððèóðëíîí ÝËÐ îððéóðëîðîÞ ÝËÐ îððéóðëîðîÝ ÝËÐ îððèóðëîçè ÝËÐ îððéóðëîðî ÊßÎ îððçóðìéèì ÊßÎ îððçóðìéèìÞ × Ó×Íîðð çóððíéë ×ÒÜËÍÌÎ×ßÔ ÜÛÊ îððçóðððçé ÐÝÒ îððèóðððëîÞ ÜÛÊ îððçóðððçéÝ ÎÓóì ÜÛÊ îððçóðððçéÞ ÝÑÒÜÑÍ ÐÝÒ îððèóðððëî ïíì ÜË ×ÒÜËÍÌÎ×ßÔ × ÎÛÌß×Ô × × ×ÒÜËÍÌÎ×ßÔ × ×ÒÜËÍÌÎ×ßÔ ×ÒÜËÍÌÎ×ßÔ ðëðïðð p ß»®·¿´ Ð¸±¬±æ Ó¿§ îðïð Ú»»¬ ßÐÒæ îíìóïðïóíð Í«¾¶»½¬ Ð®±°»®¬§ ÜÛÊ Ò±ò îððçóðððçéÝ ïðîë Û¿¬ Þ¿´´ Î±¿¼ ïïïíð ßÌÌßÝØÓÛÒÌ ÒÑò ï ðëðïðð p ß»®·¿´ Ð¸±¬±æ Ó¿§ îðïð Ú»»¬ ßÐÒæ îíìóïðïóíð Í«¾¶»½¬ Ð®±°»®¬§ ÜÛÊ Ò±ò îððçóðððçéÝ ïðîë Û¿¬ Þ¿´´ Î±¿¼ ïïïíð DRAFT]ATTACHMENT NO. 2 RESOLUTION NO. PC2011-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THAT THE PREVIOUSLY APPROVED MITIGATED NEGATIVE DECLARATION AND ADDENDUMIS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATIONAND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO.2007-05202 AND VARIANCE NO. 2009-04784ANDAMENDINGCONDITIONSOFAPPROVAL OF RESOLUTIONNO.PC2007-47(DEV2009-00097C) (1055 EAST BALL ROAD -EXTRON) WHEREAS, onMay 14, 2007, the Anaheim City Planning Commission (hereinafter referred to as "Planning Commission"), by its Resolution No. PC2007-47did approve Conditional Use Permit 2002-05202toconstruct a five-story office and training building with waivers of minimum landscape setback and minimum number of parking spacesfor that certain real propertylocated at 1055 East Ball Road 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 May 27, 2009, the Planning Commission, by its Resolution No. PC2009-057, did approve an amendment to Conditional Use Permit No. 2007-05202(CUP2008- 05371) to construct a 7-story office building with a height exceeding 100 feet and to permit a restaurant with outdoor dining and a public dance hall with the sales of alcoholic beverages, and did approve Variance No. 2009-04784to permit fewer parking spaces andalarger floor area ratio larger than allowed by code; and WHEREAS, on March 1, 2010, the Planning Commission, by its Resolution No. PC2010-013, did approve an amendment to Conditional Use Permit No. 2007-05202 (CUP2007- 05202B) to modify the hours of operation for a restaurant and entertainment venue and to allow charging of admission for entertainmentin conjunction with a 6-story office building; and WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for an amendment to previously-approved Conditional Use Permit No. 2007-05202 and Variance No. 2009-04784 to permit a banquet hall facility, including the saleand consumption of alcoholic beverages and use of an off-site parking lot, in conjunction with a 6-story office building, restaurant, and public dance hall currently under construction with fewer parking spaces than required by code;and WHEREAS, the 3.4-acre subject property at 1055 East Ball Roadis developed with a 194,756 square foot, 6-story office building which is currently under construction. The property islocated in the I (Industrial) zone and the Anaheim General Plan designates the propertyfor Industrial land uses; and -1-PC2011-*** WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 18,2011, 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 usepermitand variance 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 allevidence 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 establishment of a banquet hall on the top floor of a 6-story office building is properly one forwhich a conditional use permit is authorized under Anaheim Municipal Code Section 18.10.030.010 (Offices –General, Restaurants –Semi-Enclosed, Alcoholic Beverage Sales –On-Sale,andRecreation –Commercial Indoor). 2.That the proposed banquet hall within an office building would not adversely affect the adjoining industrial land usesorresidential neighborhoodsbecause the office and training uses would complement the existing industrial operations on the adjacent sitesand the restaurantand banquet hall operation would be contained within the building, with the exception of the outdoor patios and balconies, which are both oriented away from the residential neighborhood. 3.That the size and shape of the site is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the health, safety and general welfare of the public because all parking needed for the proposed uses would be provided on the subject property and adjacent property to the north through a reciprocal parking agreement. The project’s potential environmental impacts, including aesthetics and noise,were evaluated in the previously-approved Mitigated Negative Declaration Addendum, which indicated that any potential impacts would be less than significant with the implementation of appropriate mitigation measures. 4.That the traffic generated by the office,restaurant, and banquetuses would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area based on the Traffic Impact Analysis prepared by Garland Associates, dated February 2009, and Addendum, dated July 2011. 5.The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safetyof 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 industrial uses in the vicinityand has been designed so as not to pose a health or safety risk to the residential neighborhoods to the east. -2-PC2011-*** WHEREAS, the PlanningCommission does further find and determine that the request for a variance to permitless parking than required by Code in conjunction with the office building, banquet hall,restaurant, and nightclub should be approvedfor the following reasons: SECTION NO. 18.42.040Minimum number ofparking spaces. (1,033 spacesrequired; 641proposed). 1.The requested variance is hereby approved based upon the conclusions contained in a parking study that was prepared by Garland Associates, dated May 2011,to address the higher parking requirement of the banquet hall as compared to the previously-proposed office useon the sixth floor. The study concludes that a maximum of 640 spaces would be needed during the peak weekend hours while the restaurant and banquet hall operate concurrently. This parking demand will be accommodated by providing 157 spaces on-site and 484 parking spaces on the adjoining site to the north, for a total of 641 spaces. 2.The variance, under the conditions imposed, will not cause fewer off-street parking spaces to be provided for the proposed use than the number of spaces necessary to accommodate all vehicles attributable to the proposed uses because 641parking spaces will be provided on this site and the adjacent propertyto the north through a reciprocal access agreement, which exceeds the maximum parking demand by 1 space; and 3.The variance, 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 because the overallpeak parking demand will be served by the proposed parkingsupply on the subject property and the existing surplus supply on the adjacent property to the north. There is no circulation between the subject site and the properties to the east, south, and west; and 4.The variance, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for such use based on the Traffic Impact Analysis prepared by Garland Associates, dated February 2009, and a Traffic Study Addendum dated July 2011; and 5.The variance, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use because the project is designed such that all circulation and vehicle stacking to accommodate the anticipated parking demand would be providedonthe subject siteand the adjoining property to the north through a reciprocal parking agreement. NOW THEREFORE BE IT RESOLVED that the Planning Commission has reviewed the proposal and does herebyfind that the previously-approved Mitigated Negative Declaration and Addendum are adequate to serve as the required environmental documentation in connection with this request. -3-PC2011-*** BE IT FURTHER RESOLVED that the Planning Commission, for the reasons hereinabove stated does hereby approve the amendment to Conditional Use Permit No. 2007- 05202and VarianceNo. 2009-04784(DEV2009-00097C)topermit a banquet hall facility, including the sale and consumption of alcoholic beverages and use of an off-site parking lot, in conjunction with a 6-story office building, restaurant, and public dance hall currently under construction with fewer parking spaces than required by code. 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. PC2007-47, approving Conditional Use Permit No. 2007-05202, 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. PC2007-47, approving Conditional Use Permit No. 2007-05202, Resolution No. PC2009-57, approving Conditional Use Permit No. 2008-05371,and Resolution No. PC2010-013, approving Conditional Use Permit No. 2007-05202B, asamended, shall remain if 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 thatthe 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. -4-PC2011-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of July 18,2011. 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 heldonJuly 18, 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 18day ofJuly, 2011. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -5-PC2011-*** -6-PC2011-*** EXHIBIT “B” AMENDMENT TO CONDITIONAL USE PERMIT NO. 2007-05202 AND VARIANCE NO. 2009-04784 (DEV2009-00097C) REVIEW SIGNED NO.CONDITIONS OF APPROVALBYOFF BY PRIOR TO ISSUANCE OF A BUILDING PERMIT 1An unsubordinated restricted covenant providing reciprocal Planning access and parking shall be made with the property located at 1001 East Ball Road for a minimum of 484 parking spaces. This covenant shall be approved by Planning Services Manager in a form satisfactory to the City Attorney, and shall be recorded with the Office of the Orange County Recorder. A copy of the covenant shall then be submitted to the Planning Services Manager. Said covenant shall be referenced in all deeds transferring all or any part ofthe interest in the applicable properties. PRIOR TO BUILDING AND ZONING INSPECTION 2Applicant shall restripe the southbound approach to the Public Lewis Street/Ball Road intersection to have one northbound Works inbound lane, one southbound left turn lane, and one southbound through lane. Striping plan shall be approved by the City Traffic and Transportation Manager prior to implementation. GENERAL CONDITIONS–BANQUET HALL, RESTAURANT, AND NIGHTCLUB WITH ON-SALE ALCOHOLIC BEVERAGES 3The permitted event or activity shall not create sound levels Police, which violate any ordinance of the City of Anaheim.Code Enforcement 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. 5Any and all security officers provided shall comply with all Police State and Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business andProfession Code. (Section 4.16.070 Anaheim MunicipalCode) -7-PC2011-*** 6Anytime the premises are providing entertainment, the Police petitioner(s) shall provide uniformed security personnel. 7The number of persons attending the event shall not exceed the Police, maximum occupancy load as determined by the Fire Marshall.Fire Signs indicating the occupant load shall be posted in a conspicuous place on an approved sign near the main exit from the room. 8The doors shall remain closed at all times that entertainment is Police permitted, except during times of entry or exit, emergencies and deliveries. (Section 4.18.110 Anaheim Municipal Code) 9All entertainers and employees shall be clothed in such a way Police as to not expose "specified anatomical areas" as described in Section 7.16.060 of the Anaheim Municipal Code. 10The business shall not employ or permit any persons to solicit Police or encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit-sharing plan, scheme or conspiracy. (Section 24200.5 Alcoholic Beverage Control Act) 11The floor space provided for dancing shall be free of any Police, furniture or partitions and maintained in a smooth and safe Code condition.Enforcement 12Any violation of the application, or any attached conditions, Police shall be sufficient grounds to revoke the permit. 13Applicant shall police the area under their control to prevent Police the loitering of persons about the premises. 14At all times when the premise is openfor business, the Police, premise shall be maintained as a bona fide restaurant and Code shall provide a menu containing an assortment of foods Enforcement normally offered in such restaurant. 15No minor under the age of sixteen (16) years shall be allowed Police to attend entertainment and/or dancing events unless accompanied by a parent or guardian. (Section 4.16.060.010 Anaheim Municipal Code) 16There shall be no amusement machines or video game Police, devices maintained upon the premises at any time without Code obtaining the proper permits from the City of Anaheim.Enforcement 17The first floor smoking patio shall include a six (6)foot high Police wall or fence that would preclude patrons from passing a drink to the outside of the patio. -8-PC2011-*** GENERAL CONDITIONS 18The two easterly drivewaysalong East Street shall be closed Planning, daily beginning at 4p.m. for ingress and egress for restaurant Public and banquet hall patrons but may be used for employees or Works other business purposes up to 10 p.m. in a manner that is satisfactory to the Planning and Public Works Departments. In addition, the parking areas on the east sides of the two buildings shall not be used after 10 p.m. except to use the driveways to transport cars between the valet drop-off area on the south side of the office building andthe north side of the warehouse building as shown on Exhibit 1 (Site Plan). 19Security 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 created by patrons entering or leaving the premises. 20The parking lot shall be equipped with lighting of sufficient Police power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. 21The operation of this use is contingent upon the continued Planning, availability of a minimum of 640parking spaces as Public recommended in the parking study prepared by Garland Works Associates dated May 2011. Any proposed modifications to the approved parking arrangement shall be subject to the review and approval of the Planning and Public Works Departments. Trash storage areas shall be provided and maintained in a 22Public location acceptable to the Streets and Sanitation Manager and Works in accordance with approved plans on file with the Public Works Department, Streets and Sanitation Division. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protectedfrom graffiti opportunities by the use of plant materials such as minimum 1- gallon size clinging vines planted on maximum 3-foot centers or tall shrubbery. 23The 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 -9-PC2011-*** within two business days of being applied. 24Theproperty 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) and 2 (Floor Plan),and as conditioned herein. -10-PC2011-*** ßÌÌßÝØÓÛÒÌ ÒÑò í ßÌÌßÝØÓÛÒÌ ÒÑò ì ßÌÌßÝØÓÛÒÌ ÒÑò ë ßÌÌßÝØÓÛÒÌ ÒÑò ê ßÌÌßÝØÓÛÒÌ ÒÑò é ßÌÌßÝØÓÛÒÌ ÒÑò è 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