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PC 2011/09/12City of Anaheim Planning Commission Agenda Monday, September 12, 2011 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California Chairman: Peter Agarwal Chairman Pro-Tempore: Victoria Ramirez Commissioners:Todd Ament, Stephen Faessel, Michelle Lieberman, Harry Persaud,John Seymour Call To Order -5:00 p.m. Pledge Of Allegiance Public Comments 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 reportis also available on the City of Anaheim website www.anaheim.net/planningonThursday, September 8,2011, 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 in the Clerk's Office, shall set said petition for publichearing 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 be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. AnaheimPlanning 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. 09/12/11 Page 2of 5 Public Hearina Items ITEM NO. 2 CONDITIONAL USE PERMIT NO. 2011 -05567 VARIANCE NO. 2011 -04861 (DEV2011- 00065) Location: 3150 West Lincoln Avenue - Suite 140/160 The applicant proposes to establish a physical fitness center within an existing shopping center with less parking than required by Code. Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines - Class (Existing Facilities). ITEM NO. 3 CONDITIONAL USE PERMIT NO. 2001- 04435A VARIANCE NO. 2011 -04864 (DEV2011- 00015) Location: 900 West Lincoln Avenue The applicant proposes to permit automobile sales in conjunction with an existing car wash facility and to construct a fast food restaurant and with fewer parking spaces and a building setback on Lincoln Avenue less 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 3 (New Construction or Conversion of Small Structures). Resolution No. Project Planner: Della Herrick dherrick(a )anaheim. net Resolution No. Project Planner: Scott Koehm skoehm(o1 anaheim. net Adjourn to Monday, September 26, 2011 at 5:00 p.m. 09/12/11 Page 3 of 5 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 4:30 p.m.September 7, 2011_ (TIME)(DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND 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. 09/12/11 Page 4of 5 S C H E D U L E 2011 September 26 October 10 October 24 November 7 November 21 December 5 December 19 09/12/11 Page 5of 5 ßÌÌßÝØÓÛÒÌ ÒÑò ï ÎÓóì ßÌØÛÒ×ßÒ ßÐßÎÌÓÛÒÌÍ ÎÍóî íï ÜË Í×ÒÙÔÛ ÚßÓ×ÔÇ ÎÛÍ×ÜÛÒÝÛ ÝóÙ ÎÓóî ÝóÙ ÝóÙ ßËÌÑ ÊÛÌÛÎ×ÒßÎÇ ÌÑÉÒØÑÓÛÍ ÎÛÍÌßËÎßÒÌ ÎÛÐß×Î ÝÔ×Ò×Ý îè ÜË ÍÛÎÊ×ÝÛ ÝóÙ ÝóÙßËÌÑ ÎÛÌß×Ô ÎÛÍÌßËÎßÒÌ ÝóÙ ÝßÎ ÉßÍØ ÝóÙ ÎÛÌß×Ô ÎÓóì ÎÛÍ×ÜÛÒÌ×ßÔ ÎÍóî ïî ÜË ÎÛÍ×ÜÛÒÌ×ßÔ ÎÓóì ÎÓóì ÉÛÍÌÛÎÒ ÌÛÎÎßÝÛ ÎÛÍ×ÜÛÒÌ×ßÔ ßÐßÎÌÓÛÒÌÍ îì ÜË ÎÓóì ßÐßÎÌÓÛÒÌÍ ÎÍóî îð ÜË ÎÍóî Í×ÒÙÔÛ ÚßÓ×ÔÇ ÎÛÍ×ÜÛÒÌ×ßÔ ÎÛÍ×ÜÛÒÌ×ßÔ ðëðïðð p ß»®·¿´ Ð¸±¬±æ Ó¿§ îðïð Ú»»¬ ßÐÒæ ïíëóîèïóïç Í«¾¶»½¬ Ð®±°»®¬§ ÜÛÊ Ò±ò îðïïóðððêë íïëð É»¬ Ô·²½±´² ßª»²«» ßÌÌßÝØÓÛÒÌ ÒÑò ï ðëðïðð p ß»®·¿´ Ð¸±¬±æ Ó¿§ îðïð Ú»»¬ ßÐÒæ ïíëóîèïóïç Í«¾¶»½¬ Ð®±°»®¬§ ÜÛÊ Ò±ò îðïïóðððêë íïëð É»¬ Ô·²½±´² ßª»²«» [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. 2011-05567 AND VARIANCE NO. 2011-04861 (DEV2011-00065) (3150 WEST LINCOLN AVENUE,SUITES 140/160) WHEREAS, the Planning Commission did receive a verified Petition to approve Conditional Use Permit No. 2011-05567and Variance No. 2011-04861to establish a large fitness facility within an existing neighborhood shopping centerwith less parking than required by Code; and WHEREAS, this 5.7-acre property is developed with aneighborhood commercial center.The property is located in the C-G(General Commercial)zone and the Anaheim General Plan designates the property for Low Medium Densityland uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim onSeptember 12, 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 large fitness facility within an existing neighborhood shopping center with less parking than required by Code should be approved forthe following reasons: 1.The proposed request to establish alarge fitness facility within an existing neighborhood shopping center in the General Commercial (C-G) zone is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section18.08.030.0402 (Dance Fitness Studio-Large). 2.The proposed conditional use permit to establish alarge fitness facility within an existing neighborhood shopping center, 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 the fitness studio will belocated within an existing commercialbuildingwithno 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 large fitness studio in a manner not detrimental to the particular area or to the health and safety because thelarge fitness studio will be located within an existingcommercial building and is surrounded by compatible commercial uses. 4.The traffic generated by the proposed large fitness 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 occur after the highest peak parking demand would occur during the weekday evenings and Saturday daytime periods on the adjacent highways. 5.The granting of the conditional use permit and the variance under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed land use will be compatible with the surrounding area because the use is integrated with other uses on the property and is not a health or safety risk to the citizens of the City of Anaheim. WHEREAS, the Planning Commission does further find and determine that the request for a variance to permit less parking thanrequired by Code should be approved for the following reasons: SECTION NO. 18.42.040.010Minimum number of parking spaces. (553spaces required for the entire commercial center;391spaces provided). 1.The requested variance is hereby approvedbased upon the findings and conclusions contained in a parking demand study prepared in 2009in conjunction with the banquet facility and updated in 2011 for the proposed large fitness center.The study concluded that the highest number of parking spacesneeded for the entire center was 163 spaces, resulting in a surplus of 228spacesduring a banquet hall event which occurred in the evening.Furtherthe study concludes that a minimum of 310 spaces need to be provided for the project based on a shared parking analysis during peak hours during the weekday peak parking demand. The site provides a total of 391 spaces or 81 spaces in excess of weekday peak parking demand. In addition, the study also concluded that most of the businesses in the adjacent commercial center operate during the week daytime hours which does not conflict with the peak evening hoursand weekend hours of the fitness center. 2.The variance will not increase traffic congestion since all parking is contained either on the subject property. Further, the project does not propose new ingress or egress points and is designed to allow adequate on-site circulation and therefore will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of thelarge fitness facility. -2-PC2011-*** WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing Facilities)as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby approveConditional Use Permit No. 2011-05567 and Variance No. 2011-04861and 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 onthe 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. -3-PC2011-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting ofSeptember 12, 2011. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, GraceMedina, 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 heldonSeptember 12, 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 12day ofSeptember, 2011. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4-PC2011-*** -5-PC2011-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2011-05567 AND VARIANCE NO. 2011-04861 (DEV2011-00065) 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). 2Address numbers shall be positioned so as to be readily Police readable from the street. Numbers should be visible during hours of darkness. 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 4The rear doors of the premises shall be numbered with the Police same address numbers or suite number of the business. Minimum height of 4” recommended. 5All exterior doors to have adequate security hardware, e.g. Police deadbolt locks. GENERAL CONDITIONS 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. No required parking area shall be fenced or otherwise 7Code enclosed for outdoor storage. Enforcement -6-PC2011-*** 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 onany adjacent area under the control of the licensee shall be removed or painted over within 24 hours 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 ßÌÌßÝØÓÛÒÌ ÒÑò ë ßÌÌßÝØÓÛÒÌ ÒÑò ê 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 Û È ÎÛÔ Û ðëðïðð p ß»®·¿´ Ð¸±¬±æ Ó¿§ îðïð Ú»»¬ ßÐÒæ ðíêóïïîóíî Í«¾¶»½¬ Ð®±°»®¬§ Éò ÞÎÑßÜÉßÇ ÜÛÊ Ò±ò îðïïóðððïë çðð É»¬ Ô·²½±´² ßª»²«» ßÌÌßÝØÓÛÒÌ ÒÑò ï ðëðïðð p ß»®·¿´ Ð¸±¬±æ Ó¿§ îðïð Ú»»¬ ßÐÒæ ðíêóïïîóíî Í«¾¶»½¬ Ð®±°»®¬§ Éò ÞÎÑßÜÉßÇ ÜÛÊ Ò±ò îðïïóðððïë çðð É»¬ Ô·²½±´² ßª»²«» [DRAFT]ATTACHMENT NO. 2 RESOLUTION NO. PC2011-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THATACLASS 3CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND AMENDINGCONDITIONAL USE PERMIT NO. 2001-04435 ANDAPPROVING VARIANCE NO. 2011-04864 (DEV2011-00015) (900 WEST LINCOLNAVENUE) WHEREAS, on September 24,2001, the Anaheim City Planning Commission ("Planning Commission"),by its Resolution No. PC2001-138,approvedConditional Use Permit No. 2001-04435 to retain and expand and existing car wash to include accessory take-out fast food service for that certain real property located at 900 West LincolnAvenuein the City of Anaheim, County of Orange, State of California, asmore particularly shown on Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, on July28,2003, the Planning Commission, by itsResolution No. PC2003-111,didamend certain conditions of approval ofResolution No. PC2001-138pertaining to hours of operation and deleted the accessory take-out fast food service at the applicant’s request; and WHEREAS, the Planning Commission did receive a verified Petition for an amendment to Conditional Use Permit No. 2001-04435and Variance No. 2011-04864, as described below; and WHEREAS, the applicant requestsan amendment to Conditional Use Permit No. 2001-04435to construct a take-out restaurant and permit automobile sales in conjunction with an existing car wash with a setback on Lincoln Avenue less than required by Code and fewer parking spaces than required by Code; and WHEREAS, the subject property is located in the General Commercial (C-G) zone,and the Anaheim General Plan designates this property for Mixed Useland uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 12, 2011, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with theprovisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed amendment to conditional use permit and 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-PC2011-*** 1.The proposed request to construct a take-out restaurant and permit automobile sales in conjunction with an existing car wash with a setback on Lincoln Avenue less than requiredby Code and fewer parking spaces than required by Codein the General Commercial (C-G)zone is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section18.08.30.040.0402(Restaurants -General). 2.The proposed conditional use permit to construct a take-out restaurant, 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 majority of the restaurant customers will be patrons of the car wash and pedestrian customers. 3.The size and shape of the site for the use is adequate to allow the full development of the proposed restaurant and car washusein a manner not detrimental to the particular area or to thehealth and safety because theproposed restaurant and car washwill be located within on anexistingcommercial propertyand is adjacent tocompatible commercial usesalong Lincoln Avenue. 4.The traffic generated by the proposed restaurant and car washwill not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the restaurant and car wash use will not generate more traffic than anticipated for commercially zoned properties. 5.The granting ofthe conditional use permit and the variance under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed restaurant and car washwill be compatible with the surrounding area through conditions of approval for the useand is not a health or safety risk to the citizens of the City of Anaheim. WHEREAS, the Planning Commission does further find and determine that the request for a variance to permit less parking than required by Codeand to permit a setback on Lincoln Avenue less than required by Codein conjunction with a request to construct a take-out restaurantshould be approved for the following reasons: SECTION NO. 18.42.040.010Minimum number of parking spaces. (18spaces required for the commercial property;16spaces proposed). SECTION NO. 18.08.060.010Minimum Setback(15 feet required; 10feet proposed) 1.The requested variance is hereby approvedbased upon the variance justification letter submitted by the applicantdeterminingthe number of parking spaces necessary for the proposed commercial property.The variance justificationconcludes that the majority of the car -2-PC2011-*** wash employees do not drive to work and those that do often carpool. Many employees reside in the adjacent neighborhood and walk to work. Additionally, patrons of the car wash do not utilize parking spaces as the vehicles will be in the car wash and designated drying area. For these reasons, thisrequestwill not cause fewer off-street parking spaces to be provided for the proposed use than the number of such spaces necessary. 2.The variance will notwill not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed usebecauseall parking will becontained on the subject property. 3.The variance will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use becauseall parking will becontained on the subject property. 4.The variance will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use because the project does not propose new ingress or egress points and is designed to allow adequate on-site circulation. 5.The variance will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed usebecause the project does not propose new ingress or egress points and is designed to allow adequate on-site circulation and therefore will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the car wash property. 6.Special circumstances apply to the property as the location of the ultimate right- of-way and setback requirements on Lincoln Avenue, in addition to the existing driveway locations, constrain the available area to develop on the property. 7.Strict application of the Zoning Code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinityas there are other properties in the vicinity along Lincoln Avenue that are developed with buildings located within the street setback area. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15303, Class 3(New Construction or Conversion of Small Structures)as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission for the reasons hereinabove stated does hereby amendConditional Use Permit No. 2001-04435to construct a take-out fast food building and grant Variance No. 2011-04864subject to the conditions of approval of Resolution No. PC2003-111, as previously amended, and as further amended herein. 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 -3-PC2011-*** 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 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,except as expressly amended herein, the provisions of Resolution No. PC2003-111, approving Conditional Use Permit No. 2001-04435, shall remain if full force and effect. 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 ofthe approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 12, 2011. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4-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 CityPlanning Commission heldonSeptember 12, 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 12day ofSeptember, 2011. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -5-PC2011-*** -6-PC2011-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2001-04435 AND VARIANCE NO. 2011-04864 (DEV2011-00015) REVIEW SIGNED NO.CONDITIONS OF APPROVALBYOFF BY PRIOR TO ISSUANCE OFA BUILDING PERMIT 1The property owner shall irrevocably offer to dedicate to the Public Works, City of Anaheim an easement 53 ft in width from the street Development centerline of Lincoln Avenue and a corner cut-off dedication Services at Lincoln Avenue and Ohio Street for road, public utilities Division and other public purposes. 2A landscape and irrigation plan shall be submitted to the Planning Planning Services Division for reviewand approval. The Services plan shall include landscaping and irrigation within the Division planter areas indicated on the Site Plan (Exhibit No. 1) between the proposed restaurant building and Lincoln Avenue and Ohio Street. PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 3The property owner shall obtain an encroachment license for Public Works, the sign located at the corner of Lincoln Avenue and Ohio Development Street that is located within the ultimate 53 foot right-of-way Services easement.Division 4The businessshallbe equipped with an alarm system (silent or audible). 5Address numbers shall be positioned so as to be readily readable from the street. Numbers should be visible during hours of darkness. 6Complete a Burglary/Robbery Alarm Permit application, Form APD 516, and return it to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter, or it can be downloaded from the following web site: http://www.anaheim.net/article.asp?id=678 7All exterior doors to have adequate security hardware, e.g. deadbolt locks. 8Adequate lighting of parking lots, driveway, circulation areas, aisles, passageways, recesses and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly -7-PC2011-*** 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. GENERAL 9The applicantshall be responsible for maintaining the area adjacent to the premises over which they have control, in an orderly fashion through the provision of regular maintenance and removal of trash or debris. Any graffiti painted or 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. 10No automobiles for sale shall be displayed on the property Planning with the exception of the one vehicle display space required Services by the Department of Motor Vehicles for automobile retail Division sales offices.There shall be no advertising displays placed on the vehicle beyond any sales information required to be displayed by the California Department of Motor Vehicles. 11Thisproperty shall be developed substantially in accordance Planning with the plans, technical studiesand specifications submitted Services to the City of Anaheim by the applicant and as conditioned Division herein, which include the Site Plan, Floor Plan and Elevation Plan dated September 12, 2011(Exhibit Nos.1-3).Said plans and studies are on file in the Planning Department. -8-PC2011-*** ßÌÌßÝØÓÛÒÌ ÒÑò í Established 1983 Craig J. Lopez, David A. Lopez DATE:03/25/2011 SUBJ:CONDITIONAL USE PERMIT JUSTIFICATION Q:Indicatehowtheproposedusewillnotadverselyaffecttheadjoiningland uses or the growth and development area. A:Theproposeduseisverysimilarfromtheexistingusethereforeadverse affectsoftheadjoininglandusesorgrowthwillbeeffectedminimallyif notatall.Theexistingcarwashandproposedautosales/leasewill continuetocloseat5PM.Therewillbenoadditionalnoisegenerated fromanyoftheexistingorproposedprojects.Infactanynegativetraffic flowswillbereducedbecauseoneofthedrivewayapproacheswillbe deletedonLincolnboulevard.Theproposedcafewillremainopenuntil8 PMbutwillinnowayeffecttheadjoininglandusesinanegativeway, either by additional noise or excessive additional traffic. Q:Explainhowthesiteproposedfortheuseislargeenoughtoaccommodate anticipatedgrowthofthedevelopmentandallowthecontinued operationwithoutcausingadetermenttotheparticularareaorto health and safety. A:Theproposedsiteislargeenoughtoaccommodateanticipatedgrowthina fewways,thesitehasenoughparkingforthecarwash,proposedauto sales/leaseandcafe.Withregardtosafetythedeteleddriveway apprachwillinfactincreasesafetybyallowingincreasedtrafficflowson Lincolnboulevard.Thedailyoperationsoftheexitingcarwash,proposed autosales/leaseandcafewillinnowayeffecttheexistingoperationsof anyofthesitessourroundings,notenvironmentally,notbynoise,andnot by traffic. CITY OF ANAHEIM- JUSTIFICATION FOR COND USE PERMIT, April 7, 2011PAGE2 Q:Indicatehowthetrafficgeneratedbytheproposedusewillnotimposean undurburdenupontheroadsdesignedandconstructedtohandlethe traffic in the area. A:Duetothelocationoftheproposedcafeoneofthedrivewayapparachson Lincolnboulevardwillbedeleted.Bydeletingtheapproachanyvehicles eitherenteringofexitingwillduesoinasafermanorbyminimisingunsafe left or right turns onto the property from Lincoln boulevard. Q:IndicatehowtheapprovalofthisConditionalUsePermitwithanyconditions ofapproval,willnotharmthehealthandsafetyofthecitizensoftheCity of Anaheim. A:Theexistingcarwashproposedautosales/leaseandcafeinnowaywillharm theheathandsafetyofthecitizensofanaheim.Thewaterfromthecar washisfilteredthoughtareclamationsystem,thecafewillhaveahood andfiltertoeliminateanysmellsfromthecookingprocessaswellas grease trap to avoid any contimination of the local sewers. LOPEZ, architects, AIA ßÌÌßÝØÓÛÒÌ ÒÑò ì From the Desk of Amir Lankarani Attn: City of Anaheim Re: Anaheim Car Wash, 900 W. Lincoln Ave Anaheim, Ca Date: 09/07/2011 Subj: Letter of Operation My car wash is open Monday through Saturday from 8am to 6 pm, and Sunday 8am to 5 pm. I have an average of 4 employees working outside receiving cars from customers, vacuuming cars and drying cars on my property. I myself or my wife work at the register located inside the existing building. The proposed restaurant will be open from 8 am to 9pm Monday through Friday. Cars coming to my restaurant will be parking at the rear or side of my property, I also envision a good percentage of my customers walk up patrons from the nearby high school. I plan on serving a mixed menu of Middle Eastern dishes and fresh American fare. The proposed car sales/rental will be open from 9 am to 5 pm and will only have one employee. The idea of the car sales is mainly to take advantage of the prime location on Lincoln boulevard as advertisement. The idea is to use the office as more of satellite office while having a offsite storage yard for all the cars that are for sale or rent, other than the 1 car that will be displayed on site. 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Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net