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PC 2005/09/19Anaheim Planning Commission Agenda Monday, September 19, 2005 Council Chamber, City Hall 200 South Anaheim Boulevard. Anaheim. California Chairman: Gail Eastman Chairman Pro - Tempore: Cecilia Flores Commissioners: Kelly Buffa, Joseph Karaki, Ed Perez, Panky Romero, Pat Velasquez . Call To Order Preliminary Plan Review 1:00 P.M. • Staff update to Commission on various City developments and issues (As requested by Planning Commission) • Preliminary Plan Review for items on the September 19, 2005 agenda Recess To Afternoon Public Hearing Session • Reconvene To Public Hearing 2:30 P.M. 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. . Pledge Of Allegiance . Public Comments . Consent Calendar . Public Hearing Items . Adjournment You may leave a message for the Planning Commission using the following e -mail address: plan ninacommission (caanaheim.net H: \docs \clerical\agendas \091905.doc (09/19/05) Page 1 Anaheim Planning Commission Agenda - 2:30 P.M. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim Planning Commission or public comments on agenda items with the exception of public hearing items. Consent Calendar: The items on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Planning Commission, staff or the public request the item to be discussed and /or removed from the Consent Calendar for separate action. 7A.(a) CEQA NEGATIVE DECLARATION (PREVIOUSLY APPROVED) (b) CONDITIONAL USE PERMIT NO. 2004-04844 (Tracking No. CUP2005- 05018) (c) DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2004 -00015 (Tracking No. PCN2005- 00022) Agent: Eric Hull, 701 North Parkcenter Drive, Santa Ana, CA 92705 Location: 611 South Brookhurst Street: Property is 2.3 acres ocated at the southwest corner of Orange Avenue and Brookhurst Street. Request for a retroactive extension of time to comply with conditions of approval for a previously- approved conditional use permit and determination of public convenience and necessity for the retail sales Project Planner. of alcoholic beverages for off - premises consumption in conjunction (mnewiand@ananeim.net) with a proposed pharmacy (Sav -on). Q. S. 34 Minutes 7B. Receiving and approving the Minutes from the Planning Commission Request for Meeting of September 7, 2005. (Motion) continuance to October 3, 2005 Continued from the September 7, 2005, Planning Commission meeting. 7C. Receiving and approving the Minutes from the Planning Commission Request for Meeting of August 8, 2005. (Motion) continuance to October 3, 2005 Continued from the August 22, and September 7, 2005, Planning Commission meetings. H: \docs \clerical \agendas \091905.doc (09/19/05) Page 2 2a. CEQA CATEGORICAL EXEMPTION —CLASS 1 2b. VARIANCE NO 1229 (Tracking No. VAR2005- 04659) Owner: Gregory Parkin, 2500 West Orangethorpe Avenue # V, Fullerton, CA 92833 Agent: Jim Parkin, Covered Wagon Motel, 823 South Beach Boulevard, Anaheim, CA 92804 Location: 823 South Beach Boulevard. Property is approximately 1.3 acres, having a frontage of 192 feet on the west side of Beach Boulevard and is located 975 feet north of the rem, milII=a- 7111UIT- i1 Request for reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on May 5, 2003 to expire July 25, 2005) to retain a 70 -unit motel and restaurant (Covered Wagon Motel). Continued from the August 8, and September 7, 2005, Planning Commission meetings. Variance Resolution No. 3a. CEQA EXEMPTION SECTIONS 15061(b)(3) and 15301 3b. ZONING CODE AMENDMENT NO. 2005 -00043 City Initiated: City of Anaheim Police Department, Attn: Captain Joe Reiss, 425 South Harbor Boulevard, Anaheim, CA 92805 Location: Citywide. Request to amend Title 4 (Business Regulations) and Title 18 (Zoning) of the Anaheim Municipal Code to establish a definition, permitted locations and regulations for "smoking lounges ". Continued from the August 8, 2005, Planning Commission meeting H: \docs \clerical \agendas \091905.doc Project Planner. (dsee @anaheim.net) Project Planner. (ethien @anaheim. net) (09/19/05) Page 3 4a. CEQA NEGATIVE DECLARATION 4b. RECLASSIFICATION NO. 2005.00166 4c. CONDITIONAL USE PERMIT NO. 3653 (TRACKING NO. CUP2005- 05019) 4d. CONDITIONAL USE PERMIT NO. 2005.05015 Owner: City of Anaheim, Greg Smith, 800 West Katella Avenue, Anaheim, CA 92805 Agent: Kevin Starkey, Anaheim Arena Management, 2695 East Katella Avenue, Anaheim, CA 92806 Location: 2695 East Katella Avenue and 1621 Douglass Road. The property consists of two sites as follows: Portion A is approximately 12.7 acres, located at the northeast corner of Katella Avenue and Douglass Road; Portion B is approximately 7.06 acres, located at the northwest corner of Katella Avenue and Douglass Road (Arrowhead Pond of Anaheim). Reclassification No. 2005 -00166 - Request to reclassify Portion B from the T (Transition) zone and I (Industrial) zone to the PR (Public Recreational) zone. Conditional Use Permit No. 3653 - Request to amend or delete conditions of approval pertaining to the number of freestanding signs on the property. Conditional Use Permit No. 2005- 05015 —To construct an on -site electronic readerboard sign at an existing regional sports and event facility (Arrowhead Pond of Anaheim). Project Planner. Qpramimz@ anaheim. net) Reclassification Resolution No. Conditional Use Permit Resolution No. Q.S. 127 Conditional Use Permit Resolution No. H: \docs \clerical \agendas \091905.doc (09/19/05) Page 4 Sa. CEQA NEGATIVE DECLARATION (PREVIOUSLY - APPROVED) 5b. CONDITIONAL USE PERMIT NO. 4165 (TRACKING NO. CUP2005- 04988) Owner: Southern California Edison Company, 2244 Walnut Grove Avenue, Rosemead, CA 91770 Agent: Terri Grisenti, Velocitel for Sprint PCS, 18071 Fitch Avenue, Suite 200, Irvine, CA 92614 Location: 1200 -1400 West Audre Drive, 1650 South Ninth Street and 1651 South Walnut Street. Properly is approximately 5.0 acres, having a frontage of 1,232 feet on the south side of Audre Drive, 175 feet on the west side of Walnut Street and 175 feet on the east side of Ninth Street (Southern California Edison Easement). Request for reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on December 6, 1999 to expire December 6, 2004) to retain telecommunication antennas on an existing electrical transmission tower. Project Planner. Continued from the June 27, 2005, Planning Commission meeting. (dnerrick @ananeim.net) Conditional Use Permit Resolution No. H: \docs \clerical \agendas \091905.doc (09/19/05) Page 5 6a. CEQA NEGATIVE DECLARATION 6b. RECLASSIFICATION NO. 2005.00167 6c. CONDITIONAL USE PERMIT NO. 2005.05023 6d. TENTATIVE TRACT MAP NO. 16784 Agent: Elisa Stipkovich, Anaheim Redevelopment Agency, 201 South Anaheim Boulevard, Anaheim, CA 92805 Location: Area 7: This 1.8 -acre area consists of multiple properties west of the southwest corner of Lincoln Avenue and West Street, with a frontage of 440 feet on the south side of Lincoln Avenue and a maximum depth of 192 feet (1200 — 1226 West Lincoln Avenue — Five Points). Area 2: This 0.5 -acre area consists of multiple properties at the southwest corner of Lincoln Avenue and West Street, with a frontage of 354 feet on the south side of Lincoln Avenue and a maximum depth of 121 feet (1100 — 1108 West Lincoln Avenue — Five Points). Reclassification No. 2005 -00167 — City initiated request to reclassify Area 2 from C -G (General Commercial) to the C -G (MU) (General Commercial, Mixed Use Overlay) zone. Conditional Use Permit No. 2005 -05023 — Request to permit a residential /commercial mixed use development in Area 2. Tentative Tract Map No. 16784 —To establish a 5 -lot residential subdivision in Area 1. Reclassification Resolution No. Conditional Use Permit Resolution No. Project Planner. (dsee @anaheim.net) Q.S. 63 H: \docs \clerical \agendas \091905.doc (09/19/05) Page 6 7a. CEQA CATEGORICAL EXEMPTION —CLASS 1 7b. CONDITIONAL USE PERMIT NO. 2005 -05021 Owner: Suites O Weekly, Weekly Suites of Anaheim, 30 Harbor Sight Drive, Rolling Hills Estates, CA 90274 Agent: Gary L. Frazier, 6445 Joshua Tree Avenue, Orange, CA 92867 Location: 2748 West Lincoln Avenue. Property is approximately 1.7 acres, having a frontage of 125 feet on the south side of Lincoln Avenue and is located 670 feet east of the centerline of Dale Avenue. Request to permit an existing legal non - conforming motel (Lincoln Inn) Conditional Use Permit Resolution No. Project Planner. (a vazquez @anaheim.net) Q.S. 20 Adjourn To Monday, October 3, 2005 at 1:00 P.M. for Preliminary Plan Review. H: \docs \clerical\agendas \091905.doc (09/19/05) Page 7 r Is] =I :4 Ila 16YA I Is] ►N72161611111110V I hereby certify that a complete copy of this agenda was posted at: 4:00 p.m. September 15. 2005 (TIME) (DATE) 1161sL\I[ i!W4161110 [a] IIKil:I_1 0FA I:3q:49]69:1I_\AiLF9MW_10 CK011JI[a]IND]69:1I_\d[/W-]N SIGNED: (Original signed by Danielle C. Masciel) If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION ACTION Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits and Variances will be final 22 days after Planning Commission action and any action regarding Tentative Tract and Parcel Maps will be final 10 days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. ANAHEIM PLANNING COMMISSION In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning Department, (714) 765 -5139. Notification no later than 10:00 a.m. on the Friday before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Recorded decision information is available 24 hours a day by calling the Planning Department's Automated Telephone System at 714 - 766.6139. H: \docs \clerical \agendas \091905.doc (09/19/05) Page 8 SCHEDULE 2005 October 3 October 17 October 31 November 14 November 28 December 12 II December 28 (Wed) II H: \docs \clerical \agendas \091905.doc (09/19/05) Page 9 ITEM NO. 1 -A 5 -25 30 T ORANGE COUNTY LIMITS: ANAHEIM CITY LIMITS - sou CLEARBROOK LN TNF�1�z MM+� CUP 248 RCL 3- 6478 CUP 2431 a CUP 3269 CUP 2418 ° o CUP 3044 CUP 994 m RITZ DANCING o C -G (BCC) CHURCH RCL 98 -99-11 ¢� RCL 63- 64-118(5) CUP 3513 CUP 3044 m RESTAURANT MM+� — fj�cJ mom oho RCL9 &9}11 m_bo T �aa CUP 343 J o » VAR 1807 S o VAR2240 CHURCH C -6��CCj RCL9 9fl SCHOOL C-6 (BCC) C-G (BCC) VAR 852 RCL 98 -99-11 VACANT RCL 64 -65 -48 LIMITS C-G (BCC) RCL 98 -99 -11 RCL 72 -73 -23 RCL 72 -73 -06 CUP 1325 MOTEL C-G(BCC) RCL98 -99 -11 TILE 8 RCL 56 -57 -2 MARBLE VAR 1140 VAR 433 C -G (BCC) RCL 98 -99-11 RCL 56 -57 -2 CUP 2001 -04419 VAR 433 BROOKHURST PLAZA C-6 (BCC) RCL9 &9}11 I I MARKET J RGL 5 57 -2 RCL 98 -9'. ORANGE A ■ ■ ■i VENUE VAR2240 PIZZA 245 .( MIT RCL 9 &99 -11 C-6 (BCC) ? RCL 98 -99 -11 RCL64b5A7 ❑ RCL 57 -58 -20 RCL 57 -58 -20 U_ TLUP 2005 -05018 CUP 2004 -04844 CUP 2004 -04844 CUP 3744 U.I RM -4 CUP2189 CUP 2491 i &73 RCL 67$8 -73m CUP2073 RESTAURANT WD VAR 1970 m GUP1896 T4°CN 2005 -00022 0 65 OU PCN 20 10015 C -G (BCC) SMALL RCL 9 &99 -11 GOMM. RCL 57 -5 &20 SHOPS CUP 2004 -04844 BANK OF :D THE MST = RM-4 RCL9 &99 -11 C-G (BCC) RCL67 -68-73 Q RCL 6465-08 RCL9 &99-11 O RCL64 -65-48 CUP4077 RCL 646548 VAR 1970 CUP109 CUP109 ry 65 DU M37 OFFICERD RETAIL [D PARK C-G (BCC) CUP 2003 -04814 RCL 98 -99-11 CUP 4077 RCL 64-65 -48 VAR 3437 T rI io onnc_n4mn PROFESSIONAL C-G (BCC) VAR 852 RCL 98 -99-11 VACANT RCL 64 -65 -48 LIMITS C-G (BCC) RCL 98 -99 -11 RCL 72 -73 -23 RCL 72 -73 -06 CUP 1325 MOTEL C-G(BCC) RCL98 -99 -11 TILE 8 RCL 56 -57 -2 MARBLE VAR 1140 VAR 433 C -G (BCC) RCL 98 -99-11 RCL 56 -57 -2 CUP 2001 -04419 VAR 433 BROOKHURST PLAZA C-6 (BCC) RCL9 &9}11 RCL 6465-75 C -G (BC RGL 5 57 -2 RCL 98 -9'. VAR 2278 S VAR 43 VAR2240 PIZZA C-6 (BCC) RCL 646576 N OUT BURGE RESTAURANT RCL 64-65 -123 RCL 64 -65 -13 RCL 59 -60 -70 64-65 -13 0 a ALBERTSON'S NMERCIAL SHOPS T C -G RCL 98 -99-11 RCL 64£5 -13 CUP 2251 CUP 1734 h T (BCC) 1 DU RS-2 99 1 DU EACH I D Determination of Public Convenience Subject Property or Necessity No. 2004 -00015 TRACKING NO. PCN2005 -00022 Date September 19, 2005 Conditional Use Permit No. 2004 -04844 Scale 1"=200' TRACKING NO. CUP2005 -05018 Requested By ERIC HULL Q.S. No. 34 REQUEST FOR A RETROACTIVE EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL FOR A PREVIOUSLY - APPROVED CONDITIONAL USE PERMIT AND DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY FOR THE RETAIL SALES OF ALCOHOLIC BEVERAGES FOR OFF - PREMISES CONSUMPTION IN CONJUNCTION WITH A PROPOSED PHARMACY. 611 South Brookhurst Street 1991 Staff Report to the Planning Commission September 19, 2005 Item No. 1 -A 1 -A. REPORTS AND RECOMMENDATIONS a. CEQA NEGATIVE DECLARATION (PREVIOUSLY - APPROVED) (Motion) b. CONDITIONAL USE PERMIT NO. 2004 -04844 - REQUEST FOR A RETROACTIVE TIME EXTENSION TO COMPLY WITH CONDITIONS OF APPROVAL (TRACKING NO. CUP2005- 05018) (Motion) C. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2004 -00015 - REQUEST FOR A RETROACTIVE TIME EXTENSION TO COMPLY WITH CONDITIONS OF APPROVAL (TRACKING NO. PCN2005- 00022) (Motion) SITE LOCATION AND DESCRIPTION: (1) This rectangularly- shaped 2.3 -acre property is located at the southwest corner of Orange Avenue and Brookhurst Street (611 South Brookhurst Street— Sav -On Pharmacy). REQUEST: (2) Eric Hull, authorized agent for the property owner, has submitted the attached letter, dated July 28, 2005, requesting a retroactive extension of time to comply with the conditions of approval for the retail sales of alcoholic beverages for off - premises consumption in conjunction with a proposed retail store /pharmacy under authority of Code Section 18.60.170. BACKGROUND: (3) Conditional Use Permit No. 2004 -04844 and Determination of Public Convenience or Necessity No. 2004 -00015 (to permit the retail sales of alcoholic beverages for off - premises consumption in conjunction with a proposed retail store /pharmacy and a were approved by the Planning Commission on May 17, 2004. (4) Zoning Code Amendment No. 2003 -00027 (to include drug stores with off - premises sale of alcoholic beverages as a use permitted by a conditional use permit in the BCC Overlay Zone and to reduce the minimum floor area requirement for obtaining a conditional use permit for off - premises sales of alcoholic beverages for markets, grocery stores and drug stores from 30,000 square feet to 15,000 square feet) was approved by the Council on January 27, 2004, and became effective February 27, 2004. (5) This is the applicant's first request for an extension of time to comply with conditions of approval. The applicant is requesting this time extension to allow more time to complete revisions to the elevation plans for the proposed Sav -On Pharmacy. Staff is currently reviewing those revisions. (6) The property is developed with a commercial shopping center (most of which is now vacant), restaurant and bank and is zoned CG (BCC) (Commercial- Limited, Brookhurst Commercial Corridor Overlay) and is located within the Merged Redevelopment Project Area. (7) The Anaheim General Plan and Zoning Code were updated on May 25, 2004, and the General Plan changed the land use designation for the property from General Commercial and Medium Density Residential to Low - Medium Density Residential. SR- CUP2004- 04884mn Page 1 Staff Report to the Planning Commission September 19, 2005 Item No. 1 -A DISCUSSION: (8) Conditional Use Permit No. 2004 -04884 and a Determination of Public Convenience or Necessity No. 2004 -00015 were approved on May 17, 2004 and expired on May 17, 2005. The applicant is requesting a one year retroactive extension of time. The Code requires the application for an extension of time be submitted within 180 days of the date of expiration (prior to November 17, 2005). The request for the time extension was received on July 28, 2005. This is the first request for a time extension to comply with conditions of approval, and Code allows the granting of a maximum of two time extensions subject to the findings contained in Section No. 18.60.170 of the Zoning Code. The applicant has indicated the time extension is being requested due to conditions of approval that are currently in process, but have not yet been completed. (9) On June 8, 2004, the City Council adopted Resolution No. 2004R -95 and Ordinance No. 5920 which approved a comprehensive update of the Anaheim General Plan and Zoning Code. Contained in Ordinance No. 5920 of the Zoning Code Update was Section 5c "Exemptions" which provided projects approved prior to June 8, 2004, an exemption from the new Zoning Code regulations provided the project was granted an extension of time by the approval authority. (10) An inspection by Community Preservation Division staff on July 11, 2005, indicates there are three can -type signs on the property which have been abandoned and vandalized and will need to be removed. The project applicant is working with Community Preservation staff to correct these violations in a timely manner. ENVIRONMENTAL IMPACT ANALYSIS: (11) Staff has reviewed the request for an extension of time to comply with conditions of approval and the previously approved Negative Declaration and finds there are no changes to Conditional Use Permit No. 2003 -04814 and Determination of Public Convenience or Necessity No. 2004 -00015 and that the request will not result in any significant adverse environmental impacts. Therefore, staff recommends that the previously- approved Negative Declaration serve as the required environmental documentation for this request- FINDINGS (12) Zoning Code Section No. 18.60.170 specifies that the applicant shall, within one year after receiving approval (or within any greater or lesser time limit specified in the Resolution of Approval) comply with all conditions imposed with time limits. In addition, subsection 18.60.170.020 specifies that before granting any request for an extension of time to comply with conditions of approval, the Commission must make a finding of fact that the following findings exist: (a) That the extension of time will not extend the approval beyond two extensions of time, with each extension not to exceed one year, or any greater or lesser time increment specified in the original resolution of the conditional use permit. (b) That the approval remains consistent with the General Plan and the zone district designation for the property. (c) That either no Code amendments have occurred that would cause the approval to be inconsistent with this title, or the applicant has (i) submitted revised plans SR- CUP2004- 04884mn Page 2 Staff Report to the Planning Commission September 19, 2005 Item No. 1 -A demonstrating that the approved project can be modified to bring it into conformance with such Code amendments and (ii) agreed to modify the project to conform to such Code amendments. (d) That the subject property has been maintained in a safe, clean, and aesthetically pleasing condition with no unremediated code violations on the property, as confirmed by an inspection of the subject property by the Community Preservation Division. (e) That no additional information or changed circumstances are present which contradict the facts necessary to support one or more of the required findings for approval of the project- RECOMMENDATION (13) Staff recommends that unless additional or contrary information is received during the meeting, and based upon the evidence submitted to the Commission, including the evidence presented in this staff report, and oral and written evidence presented at the meeting, that the Commission take the following actions: (a) By motion, determine that the previously- approved Negative Declaration is adequate to serve as the appropriate environmental documentation for this project. (b) By motion, aoorove the request for a one -year retroactive extension of time to comply with conditions of approval to expire May 17, 2006, based on the following: That this is the first request for a time extension and Code permits a maximum of two requests for extension of time to comply with conditions of approval. That the property has been maintained in a safe, clean and aesthetically pleasing manner with no outstanding code violations affecting this property. That there is no information or changed circumstances which contradict the facts necessary to support one or more of the required findings for approval of Conditional Use Permit No. 2003 - 04814. (iv) That although the project is not consistent with the Low - Medium Density Residential land use designation, the resolution approving the General Plan and Zoning Code Update exempts approved projects provided a time extension is granted by the approval authority. SR- CUP2004- 04884mn Page 3 September 19, 2005 Spyridon Rados 2401 Nicolas Drive Fullerton, CA 92833 Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of September 19, 2005. 1. REPORTS AND RECOMMENDATIONS: A (a) CEQA NEGATIVE DECLARATION (PREVIOUSLY - APPROVED) (b) CONDITIONAL USE PERMIT NO. 2004 -04844 (Tracking No. CUP2005- 05018) (c) PUBLIC CONVENIENCE OR NECESSITY NO. 2004 -00015 (Tracking No. CUP2005- 00022) Agent: Eric Hull, 701 North Parkcenter Drive, Santa Ana, CA 92705 Location: 611 South Brookhurst Street Requests a one year retroactive extension of time to comply with conditions of approval for the retail sales of alcoholic beverages for off - premises consumption in conjunction with a proposed pharmacy. ACTION: Commissioner XXX offered a motion, seconded by CommissionerXXX and MOTION CARRIED, that the Anaheim Planning Commission does hereby determine that the previously - approved Negative Declaration is adequate to serve as the required environmental documentation for subject request. CommissionerXXX offered a motion, seconded by CommissionerXXX and MOTION CARRIED, that the Anaheim Planning Commission does hereby approve the request for a one (1) year retroactive extension of time to expire on May 17, 2006, based on the following: (i) That this is the first request for a time extension and Code permits a maximum of two requests for extension of time to comply with conditions of approval. (ii) That the property has been maintained in a safe, clean and aesthetically pleasing manner with no outstanding code violations affecting this property. (iii) That there is no information or changed circumstances which contradict the facts necessary to support one or more of the required findings for approval of Conditional Use Permit No. 2004 - 04844. (iv) That although the project is not consistent with the Low Medium Density Residential land use designation, the resolution approving the General Plan and Zoning Code Update exempts approved projects provided a time extension is granted by the approval authority. Sincerely, Eleanor Morris, Senior Secretary Anaheim Planning Commission cc: Essam Seif, 15 Tierra Vista, Laguna Hills, CA 92653 Eric Hull, 701 North Parkcenter Drive, Santa Ana, CA 92705 ITEM NO. 1 -A ' I C '" VAR2034 ` ARCADE 1 APARTMENTS � I RM r I o Ili RCL 82 -83 -01 I I West Anaheim Commercial Corridors F- �mo I — 1 RCL 74 -75 -18 I I Redevelopment of x L) I ell TI I RCL 74 -7546 I I x I I C -G C-G O Z m.- I I RCL 70 -71 -51 tU, Q m 1 I CUP 2354 I RCL 70 -71 -51 RCL 6667 -15 rl W I E I CUP 1498 U) Irnw f I CUP 3926 0 SMALL SHOPS RM-4 fD I o I w vl x U o I I - -- TOWNHOMES - -4 I I VACANT Of CUP 2( E; I L ______ _ ______� Q APARTME STONYBROOKDR 58DL L -�.a I 7 R GG I 1 RM-2 C-G RCL 78 -79-43 W J + —241' J— RCL 2104 -(1011 RCL 66$7$2 RCL 78 -79 -43 RCL 70 -71 -51 RCL 666762 _ RCL90.91 -31 - (Res_ of Ini 91 t CL) f Intent Res. of m � NDDMIN IUMS ( REST . CUP2355 O o TLUP 211', W RM -2 \ 7 to RS -7200) VAR 3382 m TLUP 20x4 -04913 BCL 656F11 1 — 1 VAR 3092 U CP 2W04 31 VACAN I C -G = CUP 3435 T CUP 379 GP RS -2 RCL 74 -75-36 U * VACCAN�17 1 DU EACH 1 CUP 1843 MOTEL Q 1 CUP 1738 RM-, CUP 1547 m RCL]U]1A2 GUPP2 RCL 616 ROME AVENUE I C-G RCL5960 CUP 1843 CUP 2142 VAR 4322 CUP 2 -80 MOTEL T- VAR2102T4548 MOTEL APARTMI 1 CUP 3280 VAR 4322 299' MOTEL F RS -2 v 1 DU EACH 0 RCL 8081 -32 VAR 2002- RS -2 (if CUP 2003 -04714 04529 1 DU EACH 52 Q T -VAR 2005 -04659 - 1 T -VAR 2003 -04559 RS -2 x VAR 1229 1 DU EACH ¢ (CU 1 = �a (VAR I ROME AVENUE w o MOTEL 1 TERANIMAR DR ° 1 C -G CUP 2231 1 RCL 80 -81 -41 VAR 2338 RS -2 1 RCL71 -72 -35 MOTEL 1 D EACH RS2 I 1 DU EACH C-G V RCL 80 -81-44 RS2 1 CUP 2237 ECONO LODGE a RMA RM -( 1 DU EACH MOTEL c� RCL 77 -78-28 RCL S2-f RCL 56 C RCL 56 -57 -33 CUP 3 I -G U RCL 88 -89 -30 SAHARA APA LYNROSE DR � w CUP 3110 MOTEL E E DU VAR 1055 RM -4 w x ci o ° C-G E 1 1 DU EACH RCL 64-65-69 a LYNROSE DR 1 DENNY'S RCL 63 -64 -94 ¢ RM -4 RS2 RCL 6465 -69 m RM -4 RCL6263 -36 1 DU EACH RCL 57 -58-43 RCL 77 -78 -28 FaCL 56 -57 RCL 56 -57 -33 CUP 314 RESTAURANT 9 DU APTS. GG VAR 1207 1 GLEN HOLLY DR RCL 57 -58-43 ROBIN HOOD CUP 2712 MOTEL ReIL 7i 2-23 (1) CUP 1227 IT1 r11P27n VAR 674 Variance No. 1229 ® Subject Property TRACKING NO. VAR2005 -04659 Date: September 19, 2005 Scale: 1"=200' Requested By: GREGORY PARKIN Q.S. No. 10 TRACKING NO. VAR2005- 04659: REQUEST FOR REINSTATEMENT OF THIS PERMIT BY THE MODIFICATION OR DELETION OFACONDITION OF APPROVAL PERTAINING TOATIME LIMITATION (APPROVED ON MAY 5, 2003 TO EXPIRE JULY 25, 2005) TO RETAIN A 70 -UNIT MOTELAND COFFEE SHOP. 823 South Beach Boulevard - Covered Wagon Motel 1926 ITEM NO. 1 -A Date of Aerial Photo: May 2002 Variance No. 1229 Subject Property TRACKING NO. VAR2005 -04659 Date: September 19, 2005 Scale: 1" = 200' Requested By: GREGORY PARKIN Q.S. No. 10 TRACKING NO. VAR2005- 04659: REQUEST FOR REINSTATEMENT OF THIS PERMIT BY THE MODIFICATION OR DELETION OF ACONDITION OF APPROVAL PERTAINING TOATIME LIMITATION (APPROVED ON MAY 5, 2003 TO EXPIRE JULY 25, 2005) TO RETAIN A 70 -UNIT MOTELAND COFFEE SHOP. 823 South Beach Boulevard - Covered Wagon Motel 1926 Staff Report to the Planning Commission September 19, 2005 Item No. 2 2a. CEQA CATEGORICAL EXEMPTION —CLASS 1 (Motion) 2b. VARIANCE NO. 1229 (Resolution) ( TRACKING NO. VAR2005- 04659 SITE LOCATION AND DESCRIPTION: (1) This 1.3 -acre, rectangularly- shaped property has a frontage of 192 feet on the west side of Beach Boulevard, a maximum depth of 299 feet, and is located 975 feet north of the centerline of Ball Road (823 South Beach Boulevard — Covered Wagon Motel). REQUEST: (2) The applicant requests reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on May 5, 2003, to expire July 25, 2005) to retain a 70 -unit motel and restaurant- BACKGROUND (3) This item was continued from the August 8 and September 7, 2005, Commission meetings to allow the Police Department to compile and analyze detailed crime statistics on this property. (4) This property is developed with a 70 -unit motel and pizza restaurant with beer and wine sales and is zoned C -G (General Commercial). The property is located within the Merged Anaheim Redevelopment Project Area, and is designated for Low - Medium Density Residential land uses in the Anaheim General Plan. The General Plan designates properties abutting the site to the north and south for Low - Medium Density Residential land uses, the properties across Beach Boulevard to the east for Medium Density Residential land uses, and the properties to the west for Low Density Residential land uses. (5) Variance No. 1229 (to permit a 70 -unit motel and coffee shop) was approved by the Planning Commission in 1960. In 1997, the Commission modified this permit by (a) adding conditions of approval intended to remedy the numerous Code violations on the property at the time, and (b) establishing a one year time limitation. In 1998, the Commission denied a request to reinstate the Variance. The decision was appealed to the City Council and the Council reversed the Commission's decision and reinstated this permit for one year and imposed new conditions of approval. In 1999, the Commission reinstated this permit for one year and modified conditions of approval including restrictions pertaining to occupancy limitations for the guest rooms. In 2000, the Commission modified this permit and approved the Variance for a period of five years, to expire on July 25, 2005. In 2003, the Commission approved a City- initiated request to remove a condition of approval pertaining to occupancy limitations. Resolution No. PC2003 -66, approving the modification of this permit, contains the following condition: That this variance shall terminate on July 25, 2005" DISCUSSION: (6) The applicant has submitted a request to reinstate Variance No. 1229, to retain an existing 70 -unit motel and restaurant. In conjunction with the reinstatement, the applicant requests that Condition No. 1 of Resolution No. PC2003 -66 be deleted to allow the motel without a time limitation. According to the applicant, the deletion is being requested in order to obtain financing for the property and complete the necessary improvements to the motel buildings. SR- VAR1229ds Page 1 Staff Report to the Planning Commission September 19, 2005 Item No. 2 (7) In order to demonstrate that the findings required for reinstatement of this use permit have been satisfied, the applicant has submitted the attached Justification for Reinstatement. The applicant has indicated that the physical aspects of the property remain the same, the permit is being exercised substantially in the same manner and in conformance with all conditions of approval, and that the operation of the motel is being exercised in a manner not detrimental to the particular area and surrounding land uses. (8) The attached memorandum from the Community Preservation Division, dated July 11, 2005 indicates that after inspecting the property, it was found that the motel is operating in compliance with all conditions of approval of Resolution No. PC2003 -66, with the exception of Condition No. 6 pertaining to the provision of licensed uniformed security guards on the premises. (9) Staff has contacted the applicant to discuss the condition of approval pertaining to a licensed security guard. The applicant indicated to staff that a security guard is not needed on the premises and that security is better handled and controlled by the motel management rather than a uniformed guard. The applicant is therefore requesting that this condition of approval also be deleted. (10) The Police Department has submitted a revised memorandum dated September 8, 2005. The memorandum indicates that upon further evaluation, the Police Department supports the reinstatement for a period of ten years to expire July 25, 2015. Although a total of 450 calls of all types were received at this location between January 1, 2003 and July 18, 2005, (approximately 30 months), 213 of these calls for service (CFS) were received from the public and not police - initiated. When compared to similar motels in West Anaheim, the Covered Wagon does not require an inordinate amount of police serices. Other factors considered by the Police Department in supporting the reinstatement of the permit include the improved "track record" of the businessin reducing criminal activity (both reported and observed by officers) since 1996 and the cooperation received from the owners. Further, Code violations are minor in nature and quickly repaired, accurate records are maintained and shared with the Police Department when requested, problem guests are not allowed to rent rooms and strict rules are presented (and enforced) to guests at the time they check in. (11) During the five year period of the variance permit, the Police Department believes the owners of the Covered Wagon Motel have demonstrated their continuing resolve to improve the general welfare and safety of their guests, and the citizens of Anaheim in general. In the future, the Police Department will carefully examine the calls for service data and will consider whether an increase in calls is the result of continuing communication and involvement by the property owner or if the calls are the result of increased criminal activity at this location. Based on the positive progress being made at the Covered Wagon Motel property, and the commitment of the owners to partner with the APD to reduce criminal activity, the APD supports the reinstatement of the variance for a period of 10 years. APD further recommends that the requirement of a uniformed security guard be deleted and that the owners of the Covered Wagon Motel meet quarterly with officers from the West Community Policing Team to actively support crime prevention activities. (12) As indicated below in paragraph no. (14), Section No. 18.60.180.030 of the Zoning Code requires that an approval for a reinstatement shall be granted only upon the applicant presenting evidence to establish the four findings as listed in this section. One of these findings requires that "with regard only to any 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 and that the periodic review of the use is no longer necessary and /or that it can be determined that, due to changed Page 2 Staff Report to the Planning Commission September 19, 2005 Item No. 2 circumstances, the use is consistent with the City's long -term plans for the area The existing motel use is not consistent with the current Low Medium Density Residential land use designation in the Anaheim General Plan. Therefore, the findings cannot be made to reinstate the motel use without a time limit therefore, staff recommends consistent with the Police Department memorandum, that the permit be reinstated for a period of ten years to expire July 25, 2015. ENVIRONMENTAL IMPACT ANALYSIS: (13) The Planning Director's authorized representative has determined that this request to reinstate a 70 -unit motel and restaurant is categorically exempt under CEQA Guidelines Section 15301, Class 1 (Existing Facilities) and therefore, no additional environmental documentation is required- FINDINGS (14) Section 18.60.180.030 of the Zoning Code requires that an approval for a reinstatement shall be granted only upon the applicant presenting evidence to establish the following findings: (a) The facts necessary to support each and every required showing for the original approval of the entitlement as set forth in this chapter exist; (b) The permit is being exercised substantially in the same manner and in conformance with all conditions and stipulations originally approved; (c) 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 welfare; and (d) With regard only to any 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 and that the periodic review of the use is no longer necessary and/or that it can be determined that, due to changed circumstances, the use is consistent with the City's long -term plans for the area- RECOMMENDATION (15) Staff recommends that, unless additional or contrary information is received during the meeting, and based upon the evidence submitted to the Commission, including the evidence presented in this staff report, and oral and written evidence presented at the public hearing, the Commission approve this request to reinstate Variance No. 1229 for a period of ten years to expire July 25, 2015, based on the finding and conditions contained in the attached draft resolution. Page 3 [DRAFT] RESOLUTION NO. PC2005 - * ** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DENYING A REQUEST TO REINSTATE VARIANCE NO. 1229 (TRACKING NO. VAR2005- 04659) AND TO MODIFY CERTAIN CONDITIONS OF APPROVAL ASSOCIATED THEREWITH (823 SOUTH BEACH BOULEVARD) WHEREAS, on May 5, 2003, the Anaheim Planning Commission, by Resolution No. PC2003 -66, approved Variance No. 1229 as readvertised to retain a previously approved 70 -unit motel and coffee shop at 823 South Beach Boulevard; and WHEREAS, said Resolution No. PC2003 -66 includes the following condition of approval: That this variance shall terminate on July 25, 2005" . WHEREAS, this property is currently developed with a 70 -unit motel and restaurant, the underlying zoning is C -G (General Commercial); the Anaheim General Plan designates this property for Low - Medium Density Residential land uses; and this property is located within the Merged Anaheim Redevelopment Project Area; and WHEREAS, the applicant has requested reinstatement of this variance to retain a motel and coffee shop pursuant to Code Section 18.60.180 of the Anaheim Municipal Code; and WHEREAS, the applicant has further requested that condition no. 6 of Resolution No. PC2003 -66 pertaining to the provision of licensed uniformed security guards on the premises be deleted; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 19, 2005, at 2:30 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 - That the facts necessary to support each and every required showing for the original approval of the entitlement as set forth in this chapter exist. 2. That with the exception of condition no. 6 of Resolution No. PC2003 -66 pertaining to the provision of licensed uniformed security guards on the premises for which the applicant is requesting to delete, the permit is being exercised substantially in the same manner and in conformance with all conditions and stipulations originally approved. 3. That 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 welfare. The memorandum provided by the Police Department dated September 8, 2005, indicates that the motel does not require an inordinant amount of police services when compared to similar motels in Anaheim; and that the property owner has been cooperative in assisting the Police Department in addressing and preventing criminal activity on the premises. 4. That with regard to a deletion of a time limitation, such deletion would not be consistent with the current Low Medium Density Residential land use designation in the Anaheim General Plan and as such, the findings for removal of the time limit can not be made. 5. That * ** indicated their presence at the public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CR \PC2005- -1- PC2005- (Tracking No. VAR2005- 04659) CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim Planning Commission has reviewed the proposal to reinstate this permit by the modification or deletion of a condition of approval pertaining to a time limitation (reinstated on May 5, 2003, to expire on July 25 , 2005) and removal of condition no. 6 of Resolution No. PC2003 -66 pertaining to on -site security to retain a 70 -unit motel and restaurant and has determined that the project is categorically exempt under CEQA Guidelines Section 15301, Class 1 (Existing Facilities) and therefore, no additional environmental analysis or documentation is required. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby approve the reinstatement of this permit and deletion of the time limitation; and further, incorporates the conditions of approval contained in Resolution No PC2003 -66 into a new resolution with the following conditions of approval: 1. That this variance shall terminate on July 25, 2015. 2. That the property owner shall pay the cost of random Community Preservation Division inspections (not to exceed twice a year). If any such inspections indicate that the property is not in compliance with any conditions of approval, the property owner shall also pay the costs of any additional Community Preservation inspections until the subject property is brought into compliance. 3. That cooking facilities may be included in the guest rooms provided that such facilities shall be hard wired (microwaves excepted) and shall comply with all applicable building codes, including provisions for proper venting. No portable hot plates or similar cooking devices shall be permitted in the guest rooms. 4. That smoke alarms shall be hard -wired (rather than battery operated) in the guest rooms, and shall be operable and maintained in good working order at all times. 5. That the trash storage areas shall be maintained to comply with approved plans on file with the Public Works Department, Street and Sanitation Division. 6. That the owner /manager shall maintain a complete guest registry or guest card system which includes the full name, address, verified driver's license or legal identification and vehicle registration number of all registered guests, date of registration, length of stay, and room rates; and that said registry or guest card system shall be made available upon demand by any police officer, Community Preservation officer, or license inspector of the City of Anaheim during reasonable business hours. 7. That every occupied guest room shall be provided with daily maid service. 8. That the owner and /or management shall not knowingly rent or let any guest room to a known prostitute for the purposes of pandering, soliciting or engaging in the act of prostitution, or any person for the purpose of selling, buying, or otherwise dealing, manufacturing or ingesting an illegal drug or controlled substance; or for the purpose of committing a criminal or immoral act. 9. That no guest room shall be rented or let to any person under eighteen (18) years of age, as verified by a valid driver's license or other legal identification. 10. That all available room rates shall be prominently displayed in a conspicuous place within the office area, and that the property owner and /or motel management shall comply with the provisions of Section 4.09.010 of the Anaheim Municipal Code pertaining to the posting of room rates. 11. That the property owner and /or motel management shall comply with the provisions of Section 2.12.020 of the Anaheim Municipal Code pertaining to the operator's collection duties of transient occupancy taxes. 12. That this property and these buildings and accessory structures shall be maintained in compliance with the statutes, ordinances, laws or regulations of the State of California, as adopted by the City of Anaheim, including the Uniform Building Code, Uniform Housing Code, Uniform Fire Code, Uniform Plumbing Code, National Electric Code, and Uniform Mechanical Code- -2- PC2005- 13. That on -site landscaping shall be refurbished as necessary and permanently irrigated and maintained, including regular removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 14. That a statement shall be printed on the face of the guest registration card to be completed by each guest when registering, advising that the register is open to inspection by the Anaheim Police Department or other City of Anaheim personnel for law enforcement purposes. 15. That any on -site tree planted on -site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and /or dead. 16. That no pay telephones shall be located outside of the motel building. 17. That no vending machines shall be visible from the public right -of -way. 18. That the owners of the motel shall meet quarterly with officers from the West Community Policing Team to actively promote crime prevention activities. 19. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT 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 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 property owner /developer 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, prior to the issuance of building permits or commencement of activity 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 September 19, 2005. 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 PLANNING COMMISSION ATTEST: SENIOR SECRETARY. ANAHEIM PLANNING COMMISSION -3- PC2005- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on September 19, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: 2005. IN WITNESS WHEREOF, I have hereunto set my hand this day of SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2005- City of Anaheim POLICE DEPARTMENT 1 - A «M11TiT7' MIMi1UPW Operations Division To: David See - Senior Planner From: Lieutenant Larry Garrison West District Commander CC: Amy Vasquez Date: September 8, 2005 RE: VARIANCE 1229- 823 S. BEACH BL. Anaheim Police Dept. 425 S. Harbor Blvd. Anaheim, CA 92805 TEL 714.765.1892 FAX 714.765.1575 The variance for the Covered Wagon Motel located at 823 South Beach Blvd. is currently under review by the Planning Commission. The previous variance was issued for a period of five years from July 25, 2000. In a memo dated August 1, 2005, our department did not support a recommendation for reinstatement of this variance, based primarily on the number of calls for service at this location. Additional factors considered were the number and types of arrests made at this location, as well as the number and types of reports generated from January 1, 2003 to July 18, 2005. Further evaluation has been conducted since the continuance of this matter at the Planning Commission hearing on August 8, 2005. At this time the Police Department supports the reinstatement of the variance for this property. The Covered Wagon Motel offers affordable temporary rental housing in west Anaheim. An analysis of similar motels located in west Anaheim shows the subject property does not require an inordinate amount of police services, when compared to like businesses in the same geographical area and over the same time frame. Rather than analyze only calls for service, arrests and reports generated at this location; I feel it is important to review the "track record" of the Covered Wagon Motel in reducing criminal activity at the business. There has been a steady reduction in criminal activity, both reported and observed by officers, since 1996. This has been facilitated by the cooperation of the owners. Code violations are minor in nature and quickly repaired, accurate records are maintained and shared with the Police Department when requested, problem guests are not allowed to rent rooms and strict rules are presented (and enforced) to guests at the time they check in. The cooperation displayed by the owners of the Covered Wagon Motel has had a substantial positive impact on reduction of criminal activity over the last nine years. One condition attached to the most recent variance is the owners shall provide uniformed security guards on the property to discourage vandalism, trespassing and/or loitering on the property. By the owner's own admission, he has not complied with this condition since approximately 2002. While the owner's ignoring the condition is an area of concern, the continued decreasing criminal activity and police response to the motel indicate this requirement is not an absolute necessity to improve conditions at the property. I have personally met with the owners of the Covered Wagon Motel, Community Policing Team officers assigned to west Anaheim motels and patrol officers assigned to the West District, who routinely interact with the owners and employees of the Covered Wagon Motel. All have indicated cooperation and a positive partnership currently exists between the Police Department and this business to reduce criminal activity. The owners, Jim and Greg Parkin, have each personally pledged not only a continued, but increased, partnership with the Police Department to combat criminal activity at their business and in west Anaheim in general. With this combined effort between the Police Department and the owners, I would not be alarmed at a surge in calls for service. We expect the motel management will call us as they work with us to prevent criminal activity. The Police Department would consider what may be driving an increase in calls for service, and those types of calls for service should not be held against the motel. Conversely, we would be concerned if calls for service came primarily from victims of crime, with no active support from the Covered Wagon's management. During the five year period of the most recent variance, I believe the owners of the Covered Wagon Motel have demonstrated their continuing resolve to improve the general welfare and safety of their guests, and the citizens of Anaheim in general. Based on my detailed evaluation of the past performance of the Covered Wagon Motel, and the commitment of Jim and Greg Parkin to continue to partner with the Police Department to reduce criminal activity, I make the following recommendations: 1. The variance be reinstated for a period of 10 years 2. The requirement of a uniformed security guard be deleted 3. The owners of the Covered Wagon Motel meet quarterly with officers from the West Community Policing Team to actively support crime prevention activities. Respectfully, Lieutenant Larry Garrison West Community Policing Commander Page 2 Attachment - Item No., 2 RESOLUTION NO. PC2003 -66 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. 235, SERIES 1959 -60, AS AMENDED, ADOPTED IN CONNECTION WITH VARIANCE NO. 1229 WHEREAS, on April 18, 1960, the Anaheim City Planning Commission did, by its Resolution No. 235, Series 1959 -60, grant Variance No. 1229 to construct and operate a 70 -unit motel and coffee shop at 823 South Beach Boulevard in the RS- A- 43,000 (Residential /Agricultural) Zone; and WHEREAS, on April 6,.1982, the Anaheim City Council adopted Ordinance No. 4320 in connection with Reclassification No. 80 -81 -32 to rezone the property to the CL (Commercial, Limited) Zone; and WHEREAS, on July 21, 1997, the Planning Commission did, by its Resolution No. PC97- 89, amend Resolution No. 235, Series 1959 -60, to amend the conditions of approval, in their entirety, including new Condition No. 3 (that guest rooms shall not be rented for periods of less than 12 consecutive hours nor more than 30 consecutive days) and new Condition No. 13 (that the Variance would terminated in one year on July 21, 1998); and WHEREAS, on November 17, 1998, the City Council did, by its Resolution No. 98R -249, further amend Resolution No. 235, Series 1959 -60, as previously amended, to reinstate the Variance and amend the conditions, in their entirety, including Condition No. 13 (that the Variance would terminated in one year on November 17, 1999); and WHEREAS, on February 1, 2000, the Planning Commission did, by its Resolution No. 2000R -19, amend Resolution No. 235, Series 1959 -60, as previously amended, to reinstate the use and to amend the conditions of approval, including amending Condition No. 3 (that guest rooms shall not be rented for periods of less than 12 consecutive hours nor more than 30 consecutive days within any 90 day period) and Condition No. 13 (that the Variance would terminate in one year on February 1, 2001), and adding new Condition Nos. 21 through 23; and WHEREAS, on July 25, 2000, the City Council did, by its Resolution No. 2000R -150, further amend Resolution No. 235, Series 1959 -60, as previously amended, to amend the conditions of approval including the following: 2. That the property owner shall pay the cost of random Code Enforcement Division inspections totaling twelve (12) during this one (1) year reinstatement period, as often as necessary thereafter, as deemed necessary by the City's Code Enforcement Division, to gain and/or maintain compliance with State and local statures, ordinances, laws and /or regulations. 3. That appliances for the heating and preparation of food shall not be permitted in the guest rooms. 4. That smoke alarms in the guest rooms shall be hard -wired (rather than battery operated), and shall thereafter be operable and maintained in good working order at all times. 18. That guest rooms shall not be rented, let or occupied by any individual for more than thirty (30) days within any ninety (90) day period, excluding (1) manager's unit, subject to the following: cr \PC2003- 066.doc -1- P C2003 -66 (a) Existing guests who have occupied a unit on the premises for a continuous period over thirty (30) days and are occupants on May 22, 2000, shall be permitted to remain on the premises until and including January 15, 2001. (b) The owner shall provide the Code Enforcement Manager with a list, certified under penalty of perjury, of all existing guests who satisfy the conditions of subparagraph (a) (the "qualifying long -term guests "). (c) Following the vacating of any unit by a qualifying long -term guest, or on January 15, 2001, whichever occurs earlier, any occupancy of any unit shall be for a period not more than thirty (30) days within any ninety (90) day period. (d) The owner shall notify all guests of the occupancy limitations set forth herein within thirty (30) days of the date of this resolution, and shall continue to notify all guests of said limitations upon occupancy." WHEREAS, on March 25, 2003, the City Council did, by its Resolution No. 2003R -61, adopt a Policy prohibiting the imposition of any specific time limitation on the length of guest occupancy in a hotel or motel and rescinding any such limitation heretofore imposed in any zoning entitlement; and that subject Variance No. 1229 is specifically identified as one of those entitlements; and WHEREAS, the subject property is developed with.a 70 -unit motel (Covered Wagon Motel) at 823 South Beach Boulevard; that the zoning is CL (Commercial, Limited); and that the General Plan land use designation is General Commercial; and WHEREAS, this is a City- initiated request to amend or delete certain conditions of approval pertaining to the operation of the existing motel; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 5, 2003, at 1:30 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 18.03, 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. That the proposed modification to the conditions of approval, including the imposition of any additional conditions thereto, is reasonably necessary to protect the public peace, health, safety or general welfare, or necessary to permit reasonable operation of the motel under the Variance as granted. 2. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING The Planning Director or his authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Class 1, as defined in the State of California Environmental Impact Report ( "EIR ") Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby-amend Resolution No. 235, Series 1959 -60, adopted in connection with Variance No. 1229 and as amended by Resolution Nos. PC97 -89, 98R -249, 2000R -19 and 2000R -150, to amend the conditions of approval, in their entirety, to read as follows: That this variance shall terminate on July 25, 2005. -2- PC2003 -66 2. That the property owner shall be responsible for paying the cost of random Code Enforcement inspections (riot to exceed twice a year) to ensure compliance with these Conditions of Approval and with all applicable state and local statutes, ordinances, laws and regulations. 3. That cooking facilities may be included in the guest rooms provided that such facilities shall be hard -wired (microwaves excepted) and shall comply with all applicable building codes, including provisions for proper venting. No portable hot plates or similar cooking devices shall be permitted in the guest rooms. 4. That all guest rooms shall be equipped with properly operating hard -wired (not battery operated) smoke alarms. 5. That the trash storage area(s) shall be maintained to comply with approved plans on file with the j Maintenance Department, Streets and Sanitation Division. 6. . That licensed uniformed security guards in such number (not to exceed two . (2)), as required and approved by the Anaheim Police Department, shall be provided upon the premises specifically to provide security and to discourage vandalism, trespassing and/or loitering upon or adjacent to the subject property. 7. That the owner /manager shall maintain a complete guest registry or guest card system which includes the full name, address, and verified driver's license or legal identification and vehicle / registration number of all registered guests, date of registration, and room rate; and which guest registry or guest card system shall be made available upon demand by any police officer, code enforcement officer, or license inspector of the City of Anaheim during reasonable business hours. 8. That guest rooms shall not be rented or let for periods of less than twelve (12).consecutive hours. 9. That every occupied guest room shall be provided with daily maid service. ✓ 10. That the owner and /or management shall not knowingly rent or let any guest room to a known prostitute for the purposes of pandering, soliciting or engaging in the act of prostitution; or to any person for the purposes of selling, buying, or otherwise dealing, manufacturing or ingesting an illegal drug or controlled substance, or for the purpose of committing a criminal or immoral act. 11. That no guest room shall be rented or let to any person under eighteen (18) years of age, as verified by a valid driver's license or other legal identification. 12. That all available room rates shall be prominently displayed in a conspicuous place within the office area; and that the property owner and/or motel management shall comply with the provisions of Section 4.09.010 (Changing Posted Rates) of the Anaheim Municipal Code pertaining to the posting of room rates. 13. That the property owner and /or motel management shall comply with the provisions of Section 2.12.020 (Operator's collection duties) of the Anaheim Municipal Code pertaining to the operator's collection duties of transient occupancy taxes. 14. That within sixty (60) days from the date of this resolution, this property and these buildings and accessory structures shall be brought into compliance with the applicable statutes, ordinances, laws or regulations of the State of California, as adopted by the City of Anaheim, including the Uniform Building Code, Uniform Housing Code, Uniform Fire.Code, Uniform Plumbing Code, National Electric Code, and Uniform Mechanical Code, and permanently maintained thereafter in compliance with such statutes, ordinances, laws or regulations. 15. That the on -site landscaping shall be refurbished as necessary, permanently irrigated and maintained, including the regular removal of trash or debris, and removal of graffiti within twenty four (24) hours from the time of occurrence. -3- PC2003 -66 16. That a statement shall be printed on the face of the guest registration card, to be completed by the guest when registering, advising that the register is open to inspection.by the Anaheim Police Department or other Anaheim personnel for law enforcement purposes. 17. That no guest room(s) shall be rented or let to any person unless compliance is determined by the appropriate division or department with the statutes, ordinances, laws or regulations of the State of California, as adopted by the City of Anaheim, including the Uniform Building Code, uniform Housing Code, Uniform Fire Code, Uniform Plumbing Code, National Electric Code, and Uniform Mechanical Code. 18. That any tree planted on -site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and /or dies. 19. That any new signage, beyond that legally existing on the date, of this Resolution shall be submitted to the Planning Commission for review and approval as a'Reports and Recommendations' item. 20. That the approval of this application constitutes approval of the proposed request only to the extent / that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other ordinance, regulation or requirement. 21. That no pay telephones shall be located outside the building. J 22. That no vending machines shall be visible from the public right =of -way. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 5, 2003. Wrilinal signed by Patil'Bostwick) CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: (O riginal signed by Eteamr Morris SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on May 5, 2003, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, KOOS, ROMERO, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: EASTMAN IN WITNESS WHEREOF, I have hereunto set my hand this day of _, 2003. (Original signed by Eleanor Morris) SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4-, PC2003 -66 PETITIONER'S STATEMENT Attachment - Item No. 2 > - Section 18.60.180 of the Anaheim Municipal Code requires that requests for reinstatements or renewals of a time - limited permit shall be made in writing no later than six (6) months after the expiration date of the permit sought to be reinstated or renewed and must be accompanied by an application form and the required filing fee- 1 . In order to reinstate or renew a permit, the facts necessary to support each and every finding for the original approval of the entitlement as set forth in the following excerpts from the Anaheim Zoning Code still exist: 18.66.060 (Relative to Conditional Use Permits) Before the approval authority, or City Council on appeal, may approve a conditional use permit, it must make a finding of fact, by resolution, that the evidence presented shows that all of the following conditions is required: .031 That the proposed use is properly one for which a conditional use permit is authorized by this code, or is an unlisted use as defined in subsection .030 (Unlisted Uses Permitted) of Section 18.66.040 (Approval Authority); .032 That the proposed use will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located; .033 That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to health and safety; .034 That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and .035 That the granting 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. 18.74.060 (Relative to Variances) Before any variance may be granted by the approval authority, or City Council on appeal, it shall be shown: .0201 That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; .0202 That, because of special circumstances shown in .0201, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. 2. Said permit or variance is being exercised substantially in the same manner and in conformance with ail conditions and stipulations originally approved; 3. Said permit or variance 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 welfare; and 4. With regard only to any 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 and that the periodic review of the use in no longer necessary and /or that it can be determined that, due to changed circumstances, the use is consistent with the City's long -term plans for the area. In order to determine if such findings exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer the following questions fully and as complete as possible. Attach additional sheets if additional space is needed. Has any physical aspect of the property for which this use permit or variance been granted changed significantly since the issuance of this use permit or variance? Yes ❑ No Explain: (over) CASE 2. Have the land uses in the immediate vicinity changed since the issuance of this use permit or variance? Yes ❑ No 3. Has any aspect of the nature of the operation changed since the issuance of this use permit or variance? Yes ❑ No Explain: 4. Are the conditions of approval pertaining to the use permit or variance being complied with? YeSK No ❑ Explain: 5. If you are requesting a deletion of the time limitation, is this deletion necessary for the continued operation of this use or variance? Yes® No ❑ The applicant for this request is: N Property Owner ❑Authorized Agent JUN 2005 0 ZO ZONING �'IVISIoN XT M E`ETL AUG 0 8 2005 CI T" " "— I T'f �L' - `LING C COMMI SSION Name of Prbpertk Owner or Authorized Agent (Please Print) )C Signatur of roperty Owner or Authorized Agent Date Reinstatement application.doc Revised 9/13104 Vs M. ° 12 29 City of Anaheim POLICE DEPARTMENT Special Operations Division To: David See, Planning Department Attachment - Item No. 2 From: Officer Steven Roberson, Planning & Research CC: Date: August 1, 2005 RE: VAR2005- 04659, 823 S. BEACH BLVD. Anaheim Police Dept. 425 S. Harbor Blvd. Anaheim, CA 92805 TEL: 714.765.1401 FAX: 714 765.1665 As part of the review process for this case, I obtained a printout of calls -for- service (CFS) for 823 S. Beach Blvd. from 01 -01 -03 to 07- 18 -05. The report indicated a total of 450 CFS of all types for that time period. I then examined the individual entries and, based on call -type and the disposition of the call, removed all the entries that appeared to be officer- initiated activities. From this, I compiled the following breakdown of public - initiated CFS: 2003 — 101 CFS 2004 — 64 CFS 2005 (through 07 -18) — 48 CFS (this projects to 88 CFS through the end of the year) A recent report, contracted by the Anaheim Police and Fire Departments, from Revenue & Costs Specialists, L.L.C., has provided us with data that allows the projection of CFS by land use type. This data was compiled by averaging CFS from 15 cities similar in size to Anaheim. That report indicates that for commercial lodging we can project .901 CFS per unit, per year. For this location, this would equate to approximately 63 CFS per year. In addition to the CFS, my examination of the statistics for this location revealed the following arrests and police reports over the same time period: Drug- related arrests — 45 Warrant arrests — 21 Domestic violence arrests — 5 Vehicle theft arrests — 2 One arrest each for the following offenses — Aggravated Assault, Burglary, Forgery, Weapons Violation, and Public Drunkenness. Burglary reports — 6 Robbery reports — 3 Assault reports — 3 Vandalism reports — 3 Vehicle Theft reports — 2 Petty Theft report — 1 While there does appear to he some improvement in CPS, these statistics, as a whole, appear to indicate that over the last two and a half years, this location has required a disproportionately high amount of police services. hi addition, these numbers do not support a recommendation for reinstatement of the variance. At the very least, if the variance is reinstated, I would recommend retention of the previous condition of licensed, uniformed security guards on the property, as well as the previous two -year time limitation to allow continued monitoring of the location to determine if their apparent progress will continue. Page 2 Attachment - Item No. 2 MEMORANDUM CITY OF ANAHEIM Community Preservation Division DATE: July 11, 2005 TO: David See, Senior Planner FROM: Max Wilson, Community Preservation Officer SUBJECT: Reinstatement of VAR1229 Tracking Case No. VAR2005- 04659, Covered Wagon Motel, 823 S. Beach Blvd. I inspected the above location on July 9, 2005, with James Parkin, son of the property owner, present. I noted there were no security guards present which is in violation of condition #6 on the list of amended conditions of approval regarding this property. Mr Parkin stated he has not had security officers at the Covered Wagon Motel for the past few years because he does not feel there has been a need for them. He also stated he has been fully cooperating with the Planning Commission and other City Departments. If there are questions, please contact me at 4480. Item No. 2 June 1, 2005 City of Anaheim Planning Department Planning Services Division 200 S. Anaheim Boulevard Anaheim, CA 92805 Re: Request for Reinstatement Variance 1229 Deletion of time limitation I, Gregory Parkin, owner of the Covered Wagon Motel located at 823 S. Beach Boulevard in the city of Anaheim California hereby request deletion of a time limitation restriction placed upon my variance based upon the following: 1. The Covered wagon motel is and has been a valuable asset to the community. We provide a safe, clean place for travelers and neighbors to stay at a reasonable price. We have participated in community activities such as the Twila Reed Park tree lighting ceremony. Our restaurant, Columbo's Italian Ristorante, provided pizza at a reduced fee to allow the promoters of the Lighting ceremony an opportunity to generate money to fund worthwhile projects within the community. 2. The City of Anaheim and police department provided Columbo's Italian Ristorante the opportunity to serve beer and wine on premises. This opportunity would not have been provided if the Planning Commission, the Police department and the Bureau of Alcoholic Beverage Control believed that the Covered Wagon Motel posed a threat to the community. 3. I have spoken to the police department and they have advised me that calls for service are low and have remained low for an extended period of time. I have continued to invest all of my profits back into the project. The appearance of the property reflects this fact. The project is not completed and we continue to improve as finances warrant. The time limitation prevents me from obtaining better long term financing due to the uncertainty caused by the possibility that the limitation would not be extended. Better financing would allow me to invest more money into the property and allow me to take advantage of the low interest rates that are available at the present time. 2 Th .r eg 823 S.. :� Ana heim , ,1 714-527-2 VAR -1229 NO RE€mtNns' narE1N. NtYrICE TU+DUESTS ADVANCE PAYMENT REQUESTED DATSWr Tt= PInPnDI% ® PMv0 9 e Gd red the martaQe3i1 = te9eCAe3 the right tc . 3etwea rvlw to any arA wiN rat be Tesl=%hk for?rcnimi;aihyuy to ft" .. ' queslsarfw tm.# limey, *e Irg orvajibl® of any land. I __ �t CM STME _ MAKE NLl[idHEEA Tar, QF<CAiR W rru West Anaheim Hotel and Motel Owners �e = 11-0 , COVERED WAGON MOTEL 823 S. Beach Blvd. Artabefin, CA 9 (714) 627-2020 RGOM#._ 11 ecks: are 'x 't - 9�` ml r 139 • �0 r 1 \ .�, f �� 'starti M., All gaeats Wk must reg the office `�. 3 h F" This WAHMOA facility will net store any personalitems. or - rru r r discarded. \ vd1 ..r m r , visit e i - Th e r e no room to mo visiuffion, � N o , driuloiagof alcoholic beverages permitted i c ommon a HOUSSCOping will replace only the.exact amount of linen soiled. Any missin linen will.be charged to the guestafter.check out. WosDS-mstbe keptalean at all timze& No Hotplate, wok, or crock pot cool"g. No pets, animals, aquariums, or waterbeds permitted:. Violation Unaudimized'vehicles will be towed at owners expense: Oaly�one vehicle pe maintenance, repairing or washing of vehicles oia premised is ptchibited. Vi at your expense. Children must be supervised at all 'tks ies. Children mist stay inside your roe; The swibrining pool is for registered'gnests only. Visitors are not allotved'in the pool. Novi in the popt.area. No running aftdiumphig in pool area.. All minors mustbbe supervised by an No Bil 9:are allowed in.pool area. Pool hours are from 4am to 4 pm. Tbm sW be no pxdos,.drmgs,. drunkenness or profame language on the premises. Radio iii respeciaVle level and not ammy other guests. Loitering isprohibited.. Pest control is adwinistered'quarterly. Pest control treatment :is mandatory. All guests -must check -but fot at.least 24 hours every 28. days.. All. peisonalbelongings mnis The laundry room is for registered guests only. Report any inoperable machine to the #'ronfa D® HOT KEEP VALUABLES YOB AFIRE PROOF SAFE IS MAINTAINED ON SITE FOR s.are to be used kept of a to 10 pi 0.0 NOTICE TO GUESTS: The proprietor of this hotel(metel will not be responsible for accidents or *ury to guests or the loss of money, jewelry or any and all property of any individual guest, boarder or lodger_ The rales, and regulations of the hotel/motel are contained on the bouse rule sheia on the reverse of this document, which is provided to you at the time of chock-in. Room is to be occupied by veeistere guests only. Checkout time is 11:00 am. All articles left in room after checkout or otherwise vacating the room will be discarded. No minor children are permitted in pool area without a parent present at all times. HOteymOtel is not responsible for lost or stolen or dulaged itrus. A safe is maintained on the premises for the storage of valuables during your stay. This hotellmatel reserves the right to enter your room at any time for maid service, quality control, Maintenance or inSpeOwn by the police department or code enforcement offictal& By signing below, Me acknowledge receipt of the roles and regulations and also acknowledge that any informMou, reMdma; vour sftv may be movided to the West Pizza Pasta Salads Buffalo Wings Garlic Bead Ame&an Fries spaghetti Toasted Sandwiches I/We agree to hold this WAHMOA facility barmless from say legal or other action, as a result of providing this information to WAIVvIOA or its aflMiates. Guest signature Guest Signature BEER AND WINE Gala mbo's Italian Wa SSE ante Draft Beer $1.50 Boftle Domestic $2.00 Bottle Import $2.50 Open 7 days Pitcher* $4.50 11:00 am to 11: OO.r pm Wine by the glass $1.50 giall extension 150 or 1, '(714) 826-4soo Ali DRINKS Coca-cola Diet Coke Minute Maid Orange Iced Tea Sprite Rootl)eer Coffee, Expresso and Cappuccino items. S must Ava!lp ble for parties or sporting events, Big screen T.V. For additional inform . atJok please contact 31m: or Max at (714) 626-4500 V The County of Orange Environmental Health Division is pleased to recognize IF For consistently maintaining exceptionally high food safety and sanitation standards during the year of VAR 94. -12Z9 REGULATORY HEALTH SERVICES ENVIRONMENTAL HEALTH . "Excellence f -Xkg ty Service .Tune 2005 TO: Orange County Retail Food Facility Owners /Operators SUBJECT: Award of Excellence Program for Retail Food Facilities CONGRATULATIONS! You have received the Award of Excellence for year 2004! JULIETTE A. POULSON, RN, MN DIRECTOR DAVID L. RILEY ASSISTANT DIRECTOR MIKE SPURGEON DEPUTY AGENCY DIRECTOR REGULATORY HEALTH SERVICES STEVEN K. WONG, REHS, MPH DIRECTOR ENVIRONMENTAL HEALTH MAILING ADDRESS: 1241 EAST DYER ROAD, SURE 120 SANTA ANA, CA 827055611 TELEPHONE: (714) 433 -6000 FAX (714) 764 -1732 E -MAIL: ehealth @ochm.com It is with great pleasure that the Environmental Health Division proudly presents this Award of Excellence to your establishment in recognition for consistently protecting the residents and visitors of Orange County through excellence in food safety and sanitation at your food establishment. The Award of Excellence Program was implemented in 1999 in an effort to encourage food establishments to strive for excellence in food safety and sanitation practices, and to recognize those who succeed. Award recipients include those establishments that meet eligibility as determined by a review of the establishment's inspection reports for 2004. The specific criteria for the award are explained in the information bulletin attached to this letter. The inspection reports from your establishment indicate that the food handling practices and overall sanitation at your facility were outstanding in 2004. This is indeed an achievement you should be proud of. We look forward to maintaining a successful partnership with all food facility owners and operators in Orange County. We also encourage you to continue your pursuit of excellence in food safety and sanitation practices. Should you have any questions about our Award of Excellence Program, please contact Patricia Gentry, Program Manager, at (714) 433 -6012. Sincerely, G Steven K. ong, REHS, MPH, Environmental Health VAR M. - ITEM NO. 1 -A D Zoning Code Amendment 2005 -00043 Subject Property Date: August 8, 2005 Scale: Graphic Requested By: CITY OF ANAHEIM Q.S. No. City -wide A CITY - INITIATED (POLICE DEPARTMENT) REQUEST TO AMEND TITLE 4 (BUSINESS REGULATIONS) AND TITLE 18 (ZONING) OF THE CITY OF ANAHEIM MUNICIPAL CODE TO ESTABLISH A DEFINITION, PERMITTED LOCATIONS AND REGULATIONS FOR "SMOKING LOUNGES'. City -wide 1925 D Zoning Code Amendment 2005 -00043 Requested By: CITY OF ANAHEIM Subject Property Date: September 19, 2005 Scale: Graphic Q.S. No. City -wide A CITY - INITIATED (POLICE DEPARTMENT) REQUEST TO AMEND TITLE 4 (BUSINESS REGULATIONS) AND TITLE 18 (ZONING) OF THE CITY OF ANAHEIM MUNICIPAL CODE TO ESTABLISH A DEFINITION, PERMITTED LOCATIONS AND REGULATIONS FOR "SMOKING LOUNGES'. City -wide 1925 Staff Report to the Planning Commission September 19, 2005 Item No. 3 3a. CEQA EXEMPTION SECTIONS 15061(b)(3) and 15301 (Motion) 3b. ZONING CODE AMENDMENT NO. 2005 -00043 (Motion) SITE LOCATION AND DESCRIPTION (1) This proposed Zoning Code Amendment would apply Citywide. PROPOSAL (2) This is a City- Initiated (Police Department) request to amend Title 4 (Business Regulation) and Title 18 (Zoning) of the Anaheim Municipal Code to establish a definition, permitted locations and regulations for "smoking lounges,' a term which includes establishments known as "hookah cafes" BACKGROUND (3) This item was continued from the August 8 th Planning Commission meeting in order for staff to address questions that were raised at the public hearing, including clarification of Labor Code requirements, reasons that some activities are incompatible with a smoking lounge, reasons for limiting the age to 18 years and over and Fire Department concerns. (4) The Police Department has provided the attached memorandum, dated June 15, 2005, describing the reasons for its request to establish regulations for businesses known as "smoking lounges" or "hookah cafes." Based on a review of historical Business Tax Certificates, smoking lounges have been licensed in the city as coffee shops. The businesses provide places where people meet to visit, drink coffee, eat, and smoke flavored tobacco from a hookah pipe, which has traditionally been part of the middle - eastern culture. Prior to 2000, Anaheim had one hookah cafe licensed in the City. Since then, the number has increased to eleven. (5) As the popularity of hookah cafes grew, some owners started catering, by operation and design, to a younger crowd and began operating their cafes similar to nightclubs. The Police Department has seen an increase in the number of calls for service related to these hookah cafes. Most are located in close proximity to residential neighborhoods, and residents frequently call the Police Department to report disturbances, loud music, and loud patrons loitering near their homes. In addition, the Police Department has also responded to numerous other calls at these establishments for fights, assaults, arson, use of and under the influence of drugs, consumption of alcohol in public, possession of alcohol by minors, theft, and weapons violations. The attached Police Department memorandum further describes the various problems that are occurring at some of the existing cafes. (6) Over the past approximately 2 1/2 years, the Police Department has responded to 413 calls for service at the various hookah cafes in our City. In addition to these calls for service, members of the Police Department have initiated their own activity at these establishments 86 times over the same time period, resulting in 499 incidents requiring police services. SR_ZCA2005- 00043eyt 091905.doc Page 1 Staff Report to the Planning Commission September 19, 2005 Item No. 3 (7) An interdepartmental team was created, including the Police Department, Community Preservation Division, Fire Department, Planning Services Division, and City Attorney's Office in order to find a way to maintain public safety while being sensitive to the cultural needs of the community and business owners. The result is the attached draft ordinance that introduces "smoking lounges" as a land use category and establishes locational criteria and regulations for new and existing smoking lounges. The Police Department held two community meetings with business owners and nearby residents to discuss issues related to the establishments and receive comments on the proposed ordinance. The attached draft ordinance reflects feedback from meeting participants. (8) For the reasons summarized in the previous paragraphs, including the protection of residents surrounding existing smoking lounges, the Planning Director has initiated this amendment to Title 4 and Title 18 to establish regulations and a permitting process for smoking lounges. DISCUSSION (9) The draft ordinance includes the following definition of a smoking lounge to be incorporated into both Title 4 (Business Regulation) and Title 18 (Zoning): "Smoking Lounge." A business establishment that is dedicated, in whole or part, to the smoking of tobacco or other substances, including but not limited to establishments known variously as Cigar Lounges, Hookah Cafes, Tobacco Clubs or Tobacco Bars. (10) Proposed Chapter 4.22 includes provisions and procedures for the review and approval of applications for a Smoking Lounge Permit by the Business License Division. The proposed code section includes specific submittal requirements, including a security plan and noise control plan for the business. The proposed procedure is intended to be a streamlined and business - friendly process. Rather than being encumbered by processing an application through the public hearing process, a business owner who wishes to establish a smoking lounge would submit an administrative application to the Business License Division. The application would be reviewed and the permit would be issued by staff if the application demonstrated compliance with the Code. (11) The operating requirements contained in the ordinance were drafted, in part, to not conflict with the pertinent provisions of the State Labor Code. To summarize the requirements of the Labor Code, indoor smoking is not permitted in places of employment unless the business meets specific criteria. To qualify for a Small Business Exemption to allow indoor smoking, a business must meet all of the following criteria: it must have five or fewer employees; all employees must consent to smoking; minors must be prohibited from entering the smoking area; and mechanical ventilation that exhausts smoke to the outside of the building must be provided. A business that is solely owner - operated and has no employees may allow indoor smoking because it is not a place of employment and therefore is not subject to the Labor Code. It is important to note that the Labor Code is intended to protect employees, not patrons, from second -hand smoke. (12) Operating requirements for smoking lounges would be established by the ordinance in order to minimize or avoid the potential negative impacts of these establishments, as follows The business shall be owner - operated or otherwise exempt from the prohibition of smoking in the workplace set forth in California Labor Code Section 6404.5. (In order Page 2 Staff Report to the Planning Commission September 19, 2005 Item No. 3 to be exempt of the provisions of the Labor Code, the business must qualify for the Small Business Exemption.) • No alcoholic beverages shall be sold or consumed on the premises. (The Labor Code prohibits indoor smoking in conjunction with on- premises consumption of alcoholic beverages.) • No persons under 18 years of age shall be permitted within the business. (The Labor Code exemption cannot be used if minors are allowed within the premises.) • No live entertainment, including but not limited to singers, DJs, dancers, and comedians, shall be permitted within the business. (This issue is discussed in further detail below.) • All business related activities shall be conducted wholly within a building. The only exception is outdoor seating, which may be approved by the Planning Department per Section 18.38260.020. (The Zoning Code requires commercial businesses to conduct their activities indoors, with the exception of outdoor seating.) • Operation of barbeques or braziers or lighting coals outdoors shall not be permitted. (Operation of outdoor barbeques would not be permitted for the reason stated above.) • No admission fee, cover charge, or requirement of any charge or minimum payment as a condition of entry shall be permitted. (The Zoning Code requires businesses proposing to assess an admittance fee to obtain a conditional use permit.) • Uniformed security guard(s) shall be provided, as deemed necessary by the Chief of Police or his designee. • No window coverings shall prevent visibility of the interior of the tenant space from outside the premises during operating hours. Any proposed window tint shall be approved in advance of installation by the Anaheim Police Department. • The interior of the business shall be maintained with adequate illumination to make easily discernible the conduct of patrons within the premises. • No Amusement Devices, as said term is defined in Section 4.14.010.010, shall be permitted anywhere within the business. • Adequate ventilation shall be provided for the heating of coals in accordance with all requirements imposed by the Anaheim Fire Department, or as otherwise required by State or Federal law. (Because the use of hot coals is necessary for the operation of hookah pipes, the Fire Department has prepared a list of "Specifications and Requirements' to address life safety issues associated with the burning, transport and disposal of coals.) • Parking shall be provided using the standard for bars and nightclubs (17 spaces /1,000 GFA). • The business shall not exceed the lesser of (i) the occupancy limit for the premises established by the Anaheim Fire Department or (ii) an occupancy limit established as a condition of a permit or variance. Page 3 Staff Report to the Planning Commission September 19, 2005 Item No. 3 (13) For businesses that include alcohol service or an admittance fee, existing Code provisions would require a conditional use permit. The proposed operating requirements for smoking lounges would not allow alcohol or admittance fees because of Labor Code restrictions. Bars must be completely owner - operated in order to allow indoor smoking. A public dance hall (business that charges an admittance fee) would typically have some form of live entertainment such as a band or DJ and attract a larger crowd. For these reasons, it is not likely that a business could operate in conformance with the Labor Code, as multiple employees would be necessary for the operation of this type of business. Therefore, the proposed ordinance would not allow an application for conditional use permit for alcohol service or an admittance fee in conjunction with a smoking lounge permit. (14) Staff further recommends that live entertainment and amusement devices not be permitted in conjunction with a smoking lounge because of the secondary impacts observed by the Police Department and residents and employees of other businesses near existing hookah cafes that have provided this type of entertainment. The intensification of smoking lounges has increased negative impacts on surrounding areas, such as loud noise, traffic, and overflow parking. (15) In addition to the nuisance complaints, life safety concerns have been identified by the Fire Department. Part of the business operation of a hookah cafe includes depositing fresh, hot coals in patrons' hookah pipes every five to ten minutes. Employees could potentially be walking through crowded areas while carrying these coals, posing a fire and safety concern. In order to assist businesses owners, the Fire Prevention Division has prepared the attached "Specifications and Requirements" sheet pertaining to smoking lounges. These specifications address concerns such as the movement of live coals, ventilation of burning coals and disposal of hot ashes. (16) Modifications to Title 18 (Zoning) are described in detail below and include permitted zones, locational criteria, provisions for outdoor seating and application of these regulations to existing, legal- nonconforming businesses. (17) The proposed modifications to Table 8 -A (Primary Uses: Commercial Zones), provide that a smoking lounge would be a permitted primary use within the C -NC (Neighborhood Center Commercial), C -R (Regional Commercial) and C -G (General Commercial) Zones and prohibited in all other zones. Further, a new subsection to Chapter 18.38 (Supplemental Use Regulations) would incorporate additional locational criteria that would apply to new businesses. A tenant space containing a smoking lounge must be at least 200 feet from any residential zone boundary or any property containing a residential use and no closer than 1,000 feet to any public or private school. Outdoor seating for smoking lounges would be a permitted accessory use as it is for restaurants. (18) The draft ordinance contains amortization provisions for existing smoking lounges. All existing businesses must be in full compliance with the provisions of the ordinance within the later of one year following the date of adoption or six months following written notice by the License Collector of the City of Anaheim. Existing businesses that are nonconforming Page 4 Staff Report to the Planning Commission September 19, 2005 Item No. 3 ENVIRONMENTAL IMPACT ANALYSIS (19) The Planning Director's authorized representative has recommended that the project be determined exempt under CEQA Guidelines Section 15061(b)(3), which provides that where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and Section 15301, Class 1 (Existing Facilities), as it involves the licensing and permitting of uses in existing facilities with negligible or no expansion of the existing use- RECOMMENDATION (20) Staff recommends that, unless additional or contrary information is received during the public hearing, and based upon evidence submitted to the Planning Commission, including the evidence presented in this staff report, and oral and written evidence presented at the public meeting, the Planning Commission take the following actions: (a) By motion, determine that the proposed Code Amendment is exempt under CEQA Guidelines Section 15061(b)(3) (General Rule Exemption) and 15301, Class 1 (Existing Facilities). (b) By motion, recommend to the City Council the adoption of the draft ordinance (Zoning Code Amendment No. 2005 - 00043) pertaining to the definition, permitted locations and regulations for smoking lounges. Page 5 ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANAHEIM ADDING CHAPTER 4.22 OF TITLE 4, ADDING SECTION 18.38.260 TO CHAPTER 18.38 AND AMENDING SECTIONS 18.08.030 AND 18.92.220 OF CHAPTERS 18.08 AND 18.92, RESPECTIVELY, OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SMOKING LOUNGES. THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That new Chapter 4.22 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, added to read as follows: "CHAPTER 4.22 - SMOKING LOUNGES 4.22.010 DEFINITIONS. "Smoking Lounge." A business establishment that is dedicated, in whole or part, to the smoking of tobacco or other substances, including but not limited to establishments known variously as Cigar Lounges, Hookah Cafes, Tobacco Clubs or Tobacco Bars. 4.22.020 PERMIT REQUIRED. .010 It is unlawful for any person to engage in, conduct, or carry on, in or upon any premises within the City of Anaheim, the business of a Smoking Lounge in the absence of a permit issued pursuant to the provisions of this Chapter. .020 The holding or conducting of any event or activity subject to the provisions of this chapter without a valid permit issued therefor pursuant to the provisions of this chapter, unless expressly exempt hereunder, is declared a public nuisance. 4.22.030 OPERATING REQUIREMENTS FOR SMOKING LOUNGE. It is unlawful for any person to engage in, conduct, or carry on, in or upon any premises within the City of Anaheim, the business of a Smoking Lounge except in compliance with all of the following requirements: .010 The business shall be owner- operated or otherwise exempt from the prohibition of smoking in the workplace set forth in California Labor Code Section 6404.5. .020 No alcoholic beverages shall be sold or consumed on the premises. .030 No persons under 18 years of age shall be permitted within the business. .040 No live entertainment, including, but not limited to, singers, DJs, dancers, and comedians, shall be permitted within the business. .050 All business related activities shall be conducted wholly within a building, with the exception of outdoor seating in conformance with Section 18.38.060.020. Operation of outdoor barbeques or braziers or lighting coals shall not be permitted. .060 No admittance fee, cover charge, or requirement of any charge or minimum payment as a condition of entry shall be permitted. .070 Uniformed security guard(s) shall be provided, as deemed necessary by the Chief of Police or his designee. .080 No window coverings shall prevent visibility of the interior of the tenant space from outside the premises during operating hours. Anyproposed window tint shall be approved in advance by the Anaheim Police Department. .090 The interior of the business shall be maintained with adequate illumination to make easily discernible the conduct of patrons within the premises. .100 No Amusement Devices, as said term is defined in Section 4.14.0 10. 010, shall be permitted anywhere within the business. .110 Adequate ventilation shall be provided for the heating of coals in accordance with all requirements imposed by the Anaheim Fire Department, or as otherwise required by state or federal laws. 120 Parking shall be providedusing the standard for bars and nightclubs (17 spaces /1,000 GFA). .130 The business shall not exceed the lesser of (i) the occupancy limit for the premises established by the Anaheim Fire Department or (ii) an occupancy limit established as a condition of a permit or variance. 140 The business shall also be in conformity with all other city, state and federal laws. 2 4.22.040 APPLICATION FOR PERMIT. .010 Applications for permits pursuant to this chapter shall be filed with the License Collector on forms provided by her /him and shall include a nonrefundable application fee in an amount designated by resolution of the City Council and, at least, the following information: .0101 The legal name, residence address and telephone number of the owner(s) of the proposed establishment making application; .0102 The legal name, residence address and telephone number of the person submitting the application as authorized agent of the owner(s), if applicable; .0103 The business name, address and telephone number under which the activity will be conducted; .0104 The exact nature and location of the activity for which the permit is requested and an estimate of the numbers of patrons of the establishment; .0105 The time period, not to exceed one year, for which the permit is requested; .0106 A security plan for control of pedestrian and vehicular traffic and prevention of unlawful conduct by employees and patrons (such as assaults, vandalism, littering, theft, sale or use of controlled substances, and consumption of alcohol) within the building(s) and outside in the areas affected by the public attending the event; provided, however, that this requirement shall be excused in the case of a noncommercial activity or event to which the public is invited free of charge and which event shall not be in conjunction with any other commercial activity; .0107 A plan for control of noise affecting nearby premises, with special attention to prevention of noise nuisance to nearby residences, if any; .0108 The hours of operation of the establishment; and .0109 Such other information pertaining to public health and safety as may be required by the License Collector to ensure compliance with the provisions of this Chapter and of the requirements of the Zoning Code relating to Smoking Lounges and, in addition, any information that the applicant may wish to include. .020 Submitting false information on the application shall constitute grounds for denial of the permit. 4.22.050 ACTION BY LICENSE COLLECTOR UPON APPLICATION. .010 Upon the filing of an application, the License Collector shall determine whether the application is complete. If the application is not complete, the License Collector shall, within five business days, give written notice by mail or personal delivery to the applicant advising that the application is incomplete and cannot be acted upon. The notice shall state what information is needed to complete the application. .020 Upon the filing of a completed application, the License Collector or designee shall conduct an appropriate investigation, including consultation with the Police, Fire and Planning Departments and inspection of the premises as needed. Within twenty business days after receipt of a completed application, the License Collector or designee shall either grant or deny the application. 030 An application for a Smoking Lounge permit pursuant to this chapter shall be granted for a period not to exceed one year, subject to compliance with the requirements set forth herein and in Section 18.38.260 of this Code, unless it is found and determined that issuance of the permit would allow the Smoking Lounge to be held or conducted: .0101 In violation of any provisions of Titles 4 or 18 of the Anaheim Municipal Code or in violation of any other federal, state or city law or laws; or .0102 In a building or structure which is hazardous to the health or safety of the employees or patrons of the business, activity, or event, or the general public, under the standards established by the Uniform Codes or the 2001 California Fire Code, adopted pursuant to Sections 15.02.010 and 16.08.020, respectively, of the Anaheim Municipal Code; or .0103 On premises which lack adequate on -site parking area for employees and the public attending the proposed event or activity, under the standards set forth in Title 18 of the Anaheim Municipal Code, except for existing uses that are legal and nonconforming with respect to parking; or .0104 In a manner in which proposed security measures are inadequate to deter unlawful conduct on the part of employees or patrons, or to promote the safe and orderly assembly and movement of persons and vehicles, or to prevent disturbance of the neighborhood by excessive noise created by the activity or by patrons entering or leaving the premises. 4.22.060 NOTIFICATION. .010 The License Collector shall give written notice to the applicant of the action taken upon the completed application within twenty business days after receipt of the completed application. El .020 In the event the application is denied, written notice of such denial shall be given to the applicant specifying the grounds for such denial. The notice shall also advise the applicant of this right to appeal the denial of his application and shall state the last date on which an appeal may be filed, which shall be the fifteenth working day after the date on which the notice was deposited in the mail or was personally delivered to the applicant. 4.22.070 APPEAL TO CITY MANAGER - NOTICE AND HEARING. .010 An applicant whose application for an Smoking Lounge permit has been denied or has been granted conditionally may appeal such decision directly to the City Manager or his designee by filing an appeal with the License Collector. The time within which such a written appeal may be filed shall expire at the end of the fifteenth working day after the date on which notice to the applicant of the action on his application is personally delivered or deposited in the mail. .020 Upon the filing of a timely appeal, the City Manager or his designee shall set a hearing to be held within fifteen business days from the date ofreceipt of such appeal. The applicant, by written request, may waive the time limits set forth in this section except the time within which an appeal may be filed. 4.22.080 CITY MANAGER ACTION UPON APPEAL. After an administrative hearing and consideration of the report and recommendation of the License Collector and any written materials submitted by the applicant or other persons, the City Manager or his designee shall either grant the permit for a period not to exceed one year, with or without conditions, or shall deny the permit upon finding that issuance thereof would result in any of the circumstances set forth in Section 4.22.050 of this chapter. The decision of the City Manager or his designee on any such permit shall be final. 4.22.090 ISSUANCE OF PERMIT - CONDITIONS. .010 After the permit application has been granted and the applicant notified, the License Collector or designee shall issue the permit, for the period requested, but not to exceed one year. .020 The permit shall be issued subject to compliance with all operating requirements in Section 4.22.030 and such additional conditions as may be required to ensure compliance with City regulations governing the matters contained in the application. 4.22.100 RENEWAL OF PERMIT. .010 An unrevoked permit issued pursuant to this chapter maybe renewed for successive periods of one year each upon written application to the License Collector made at least thirty calendar days before the expiration date of the current, valid permit and payment of a nonrefundable permit renewal application fee. For good cause, the License Collector may extend the time for filing a renewal application for up to ninety days and may extend the prior permit pending decision on the renewal application. .020 The application for renewal shall supply current information with respect to each category of information required in the initial application. .030 The License Collector shall grant the renewal application if it is timely filed, with the applicable fee, and all the required information, unless he /she finds and determines that renewal of the permit would result in any of the circumstances set forth in Section 4.22.050 of this chapter. In the event that the permit is renewed, all conditions to which the initial permit was subject shall remain in force unless specifically deleted or modified, and additional conditions as described in Section 4.22.090 may be attached if, in the judgment of the License Collector, such additional, modified or deleted conditions are required to ensure compliance with City regulations governing the matters contained in the application. Notice of the granting or denial of the renewal application, and of any additional conditions, shall be mailed or personally delivered to the applicant in the same manner and within the same time limits as apply to initial applications. .040 The decision of the License Collector to deny the renewal of a permit or to impose additional conditions may be appealed to the City Manager or his designee in the same manner and within the same time limits as a decision upon an initial application for a permit. .050 After the filing of a timely application forrenewal of permit, the original or existing permit shall remain in effect until fifteen business days after notice of the action upon the application has been mailed or personally delivered to the permittee or until the expiration date of the original or existing permit, whichever is later; provided, however, that if a timely appeal is filed, the original or existing permit shall remain in effect until the City Manager or his designee has acted upon the appeal. The decision of the City Manager or his designee on any such appeal shall be final. 4.22.110 REVOCATION OF PERMIT. .010 Any permit issued pursuant to the provisions of this chapter shall be revoked by the City Manager or his designee following a hearing on the basis of any of the following: .0101 That the business or activity has been conducted in a manner which violates one or more of the conditions imposed upon the issuance of the permit or which fails to conform to the plans and procedures described in the application, or which violates the occupant load limits set by the Fire Department; .0102 That the permittee has failed to obtain or to maintain all required City, County and State licenses and permits; .0103 That the permit is being used to conduct an activity different from that for which it was issued; rl .0104 That the permittee has misrepresented any material fact in the application for permit or has not answered each question therein truthfully; .0105 That the permittee has failed to comply with one or more of the required conditions and has failed to cure such noncompliance after reasonable notice thereof; .0106 That the building or structure in which the permitted event or activity is held or conducted, or is to be held or conducted, is hazardous to the health or safety of the employees or patrons of the business, activity, or event, or of the general public, under the standards set forth in the Uniform Building or Fire Code; .0107 That the permitted event or activity creates sound levels which violate any ordinance of the City of Anaheim; .0108 That the security measures provided are inadequate to deter unlawful conduct on the part of employees or patrons, or to promote the safe and orderly assembly and movement of persons and vehicles, or to prevent disturbance of the neighborhood by excessive noise created by patrons entering or leaving the premises where the activity takes place. .020 Written notice of the hearing on the proposedpermit revocation, togetherwith written notification of the specific grounds of complaint against the business or activity of the permittee, shall be personally delivered or sent by certified mail to the permittee at least ten days prior to the hearing. .030 In the event a permit is revoked pursuant to the provisions of this chapter, another permit shall not be granted to the permittee within twelve months after the date of such revocation. The City Manager's or his designee's determination following a public revocation hearing shall be based upon written findings and shall be final and conclusive in the matter. 4.22.120 APPLICATION TO EXISTING BUSINESSES. Any Smoking Lounge lawfully existing on the effective date of this ordinance which becomes a nonconforming use by reason of the adoption of this ordinance shall cease operation, or otherwise be brought into full compliance with the provisions of this ordinance, not later than either (i) one year following the effective date of this ordinance, or (ii) six months following the date of written notice as provided below, whichever is later (the "amortization period "), except that no lawfully existing Smoking Lounge shall be deemed to be nonconforming for failure to comply with the location and parking requirements established for such uses by this ordinance unless said business is terminated for any reason or voluntarily discontinued for a period of sixty (60) consecutive calendar days or more. Any such lawfully existing Smoking Lounge may continue to operate, provided said operation is in conformity to all other applicable city, state, and federal laws, until the application has been acted upon and the decision thereon has become final. 7 4.22.150 RULES AND REGULATIONS. The City of Anaheim may establish reasonable administrative rules and regulations to implement the provisions of this chapter. A copy of such rules and regulations shall be made available to applicants by the License Collector. 4.22.160 PENALTY. Any person violating or failing to comply with any of the provisions of this chapter is guilty of a misdemeanor and shall be punished by a fine of not to exceed one thousand dollars or byimprisomnent not to exceed six months, or byboth such fine and imprisonment. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of the provisions of the chapter is committed." SECTION 2 That Table 8 -A of Section 18.08.030 of Chapter 18.08 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: Table 8 -A Section 18.08.030 Table 8 -A Permitted by Right PRIMARY USES: COMMERCIAL ZONES Conditional Use Permit Required Prohibited C -NC C -R C -G O -L O -H Special Provisions Classes of Uses Home Parks N N C N N Citizens' Housing C C C N N Senior Citizens' Apartmeni Projects subject to Chapter 18.50 Classes of Uses Beverage Sales Off -Sale C C C N N Conditional use permit not required if use is in conjunction with Markets Large Table 8 -A Permitted by Right PRIMARY USES: COMMERCIAL ZONES Conditional Use Permit Required 0 Prohibited C -NC C -R C -G O -L O -H Special Provisions Alcoholic Beverage Sales On -Sale C C C C C Ambulance Services N C C N N Animal Boarding N N C N N Animal Grooming P N P N N Antennas Broadcasting C C C C C Antennas Telecommunications C C C C C Subject to §1838060 Automotive Car Sales & Rental N N C N N Subject to § 1838200 Automotive Public Parking C C C C C Automotive Parts Sales C P P N N Automotive Repair and Modification C C C N N Automotive Service Stations C C C C C Subject to § 1838.070 Automotive Washing N C C C C In O -L and O -H Zones, must be accessory to an Automotive Service Station use Bars & Nightclubs C C C C C In O -L and O -H Zones, must be accessory to an Office use Bed and Breakfast Inns C C C C C Subject to § 1838.080 Billboards N N C N N oat & RV Sales N N C N N Subject to § 1838200 usiness & Financial Services P P P P P emeteries N N C N N 0 Table 8 -A Permitted by Right PRIMARY USES: COMMERCIAL ZONES C Conditional Use Permit Required Prohibited C -NC C -R C -G O -L O -H Special Provisions ✓alescent & Rest Homes N N C N N al Retail Centers .y & Religious Assembly Internet & Amusement C C N C C C C C C N C N N N N ✓alescent & Rest Homes N N C N N ✓enience Stores C C C C C Subject to § 1838.110; in O -L and O -H Zones, shall be accessory to an Office use :e & Fitness Studios Large N C C C N :e & Fitness Studios Small P P P P C Care Centers C C C C C e- Through Facilities C C C C C ;ational Institutions Business P P P P P ;ational Institutions General N C C N C pment Rental Large N C C N N pment Rental Small C P P N N ip Care Facilities C C C C C Subject to § 1836.040.070 pads N N C N N Allowed only in conjunction with a hospital )itals N N C C C Is & Motels N C C N N Gets Large P P P N N 10 Table 8 -A PRIMARY USES: COMMERCIAL ZONES Permitted by Right Conditional Use Permit Required Prohibited C -NC C -R C -G O -L O -H Special Provisions Markets Small C C C C C Medical & Dental Offices P P P P P Mortuaries N N P N N ffices P P P P P ersonal Services General P P P P P Laundromats are subject to § 18.38.150 In O -L and O -H Zones, must be integrated within an office building ersonal Services Restricted C C C C C In O -L and O -H Zones, must be accessory to an Office use Plant Nurseries N C P N N Subject to § 1838.190 and § 18.38.200 Public Services C C P C C Recreation Bowling & Billiards C C C N N ecreation Commercial Indoor C C C N N ecreation Commercial Outdoor C C C C C ecreation Low Impact C C C N N ecreation Swimming & Tennis C C C C C Recycling Services Consumer P P P N N Subject to Chapter 18.48; reverse vending machines located entirely within a structure do not require an zoning approval Services General P N P N N 11 Table 8 -A PRIMARY USES: COMMERCIAL ZONES Permitted by Right Conditional Use Permit Required Prohibited P C -NC C -R C -G O -L O -H Special Provisions Repair Services Limited P P P N N esearch & Development N C C C P N estaurants Drive - Through N C C C C Subject to § 1838220 estaurants General P P P C C Subjectto §1838220 estaurant Semi - Enclosed C C C C C Subject to §1838220 Restaurants Walk -Up C C C C C Retail Sales General P P P N N dios Broadcasting Retail Sales Kiosks C C C C C Retail Sales Outdoor C C C N N Subjectto §18.38.190 and nsit Facilities C C C § 18.38200 ail Sales Regional N P C N N ail Sales Used Merchandise P P P N N ma & Board N N C N N FStorage N N C N N - Oriented Businesses N N P N N Subject to Chapter 18.54 oking Lounge P P P N N Subject to Chapter 4.22 and §18.38.260 dios Broadcasting C C P C C dios Recording N N P N N nsit Facilities C C C C C lilies Major C C C N C lilies Minor P P P P P Pay phones are permitted 12 Table 8 -A Permitted by Right PRIMARY USES: COMMERCIAL ZONES Conditional Use Permit Required Prohibited C -NC C -R C -G O -L O -H Special Provisions by right in all zones if located on the interior of a building or attached to the exterior within 10 feet of the main building's entrance eterinary Services C C C N N N C C N N Shall be accessory to a Retail Sales use SECTION 3. That new Section 18.38.260 be, and the same is hereby, added to Chapter 18.38 of Title 18 of the Anaheim Municipal Code to read as follows: "18.38.260 SMOKING LOUNGES "The provisions of this Section shall apply to Smoking Lounges, as said term is defined in Section 18.92.220 ( "S" WORDS, TERMS AND PHRASES). .010 Locations Allowed. .0101 Smoking Lounge is a permitted primary use within the C -NC, C -R and C -G Zones, subject to approval of a Smoking Lounge Permit pursuant to the provisions of Chapter 4.22 of the Anaheim Municipal Code. .0102 The tenant space shall not be located within 200 feet of any residential zone boundary or any property containing a residential use, whether said residential boundary or property containing a residential use is within or outside of the corporate boundaries of the City of Anaheim. .0103 The tenant space shall be a minimum distance of one thousand (1,000) feet from any public or private school, as said term is defined in Section 18.92.220 ( "S" WORDS, TERMS AND PHRASES), whether said school is within or outside of the corporate boundaries of the City of Anaheim. 13 .020 Outdoor seating shall be permitted as an accessory use to a smoking lounge in all zones where smoking lounges are permitted subject to compliance with all the following provisions, and plans shall be submitted to the Planning Department for review and approval showing compliance with this section: .0201 Furnishings may include tables, chairs, decorative benches and umbrellas. .0202 Furnishings shall not exceed one (1) table and two (2) seats for every five (5) lineal feet of building or unit frontage, up to a cumulative maximum of five (5) tables and ten (10) seats. .0203 Furnishings shall not be placed on or allowed to hang over anypublic right -of- way, required pedestrian accessway, required setback or parking area. .0204 A minimum six (6) foot wide pedestrian walkway shall be maintained to provide unobstructed pedestrian access on the sidewalk. .0205 All required emergency access /exits or fire lanes shall be provided and maintained as required by the Anaheim Fire Department. .0206 An outdoor seating area provided in compliance with the provisions of this section shall not be included in the gross floor area of a smoking lounge to determine its parking requirements. .0207 Portable or non -fixed furnishings shall not be set up outside the smoking lounge more than one -half (0.5) hour prior to the opening of business and shall be removed no later than one -half (0.5) hour after closing. Permanent or fixed furnishings may remain overnight. .0208 Furnishings shall not contain advertising or depict any product or product name, logo, trademark, or similar identification or advertising display. The design, color and material of the furnishings shall be compatible with the building. .0209 At least one (1) trash receptacle shall be provided. The design, color and material of the receptacle(s) shall be compatible with the building. .0210 The smoking lounge owner shall be responsible for the removal of all trash and debris or spilled food or beverage items, and shall maintain the outdoor seating area and its adjacent area in a clean, sanitary and trash -free manner. .030 Smoking Lounges shall be subject to the operational requirements set forth in Section 4.22.030 of this Code." SECTION 4. 14 That Section 18.92.220 of Chapter 18.92 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to add a definition of "Smoking Lounge" to read as follows: "'Smoking Lounge.' A business establishment that is dedicated, in whole or part, to the smoking oftobacco or other substances, including but not limited to establishments known variously as Cigar Lounges, Hookah Cafes, Tobacco Clubs or Tobacco Bars." SECTION 5 . EXISTING NONCONFORMING USES Any Smoking Lounge lawfully existing on the effective date of this ordinance which becomes a nonconforming use by reason of the adoption of this ordinance shall cease operation, or otherwise be brought into full compliance with the provisions of this ordinance as set forth in Section 4.22.120. No nonconforming use shall be increased, enlarged, extended or altered except that the use, or any portion thereof, may be changed to a conforming use. Any Smoking Lounge which becomes a nonconforming use by reason of the adoption of this ordinance shall be notified in writing of its nonconforming status by the License Collector of the City of Anaheim by certified mail or personal service. Such notice shall be given to the property owner of record upon such business is located, the owner of the business, and the holder of the business license for such business (to the extent such parties are different and are identifiable and accessible). Such notice shall also identify the applicable amortization period as provided herein. Failure of any person to actually receive such notice shall not affect the validity of any proceedings pursuant to the provisions of this ordinance. SECTION 6. 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. SECTION 7. 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 a waiver 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 by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 8 . PENALTY 15 It shall be unlawful for anyperson, firm or corporation to violate any provision or to fail to comply with any of the requirements of this ordinance. Any person, firm or corporation violating any provision of this ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this ordinance is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefor as provided for in this ordinance. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the day of passed and adopted at a regular meeting of said City Council held on the 1 2005, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: UI FST0.1 U■ W .0 2005, and thereafter day of MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 581 17.2 /smarm /July 18, 2005 16 City of Anaheim Attachment - Item No. 3 POLICE DEPARTMENT Operations Division To: Sheri Vander Dussen Planning Director Via John Welter Chief of Police From: Captain Steve Rodig Operations Division Commander Lieutenant Larry Garrison West District Commander Date: June 15, 2005 RE: PROPOSED SMOKING LOUNGE ORDINANCE The City of Anaheim has one of the largest middle- eastern populations in Orange County. The area along Brookhurst Street in Anaheim plays host to a large number of middle -eastern businesses, including an increasing number of hookah cafes or smoking lounges, which are a part of the middle- eastern culture. Traditional smoking lounges are operated as a business where people meet to visit, drink coffee, eat, and smoke flavored tobacco from a hookah pipe. Prior to 2000, Anaheim had one hookah cafe licensed in the city. The number of hookah cafes has increased to a high of 11, however, one cafe recently closed due to the sale of the center where it was located. One existing owner is currently in the process of opening another hookah cafe in the 5600 block of E. La Palma Ave. The current hookah cafes are: Al Melouk Cafe 1785 W. Lincoln Ave Fusion Cafe 512 S. Brookhurst St. Fresh Start Coffee Shop 512 S. Brookhurst St. Al Basha Cafe 809 S. Brookhurst St. Hidden Cafe ** 642 S. Brookhurst St. Cedar Cafe 930 S. Brookhurst St. H. Dreams Cafe 830 S. Brookhurst St. Alph Lella We Lella 2437 W. Ball Rd. AL- Karnak Cafe 1220 S. Brookhurst St. Janna Caf6 2778 W. Ball Rd. Smoking lounges have traditionally been licensed in Anaheim as coffee shops. As the popularity of hookah cafes grows, some owners are operating their cafes as nightclubs, without first obtaining a City of Anaheim entertainment or dance hall permit. The Police Department has seen an increase in the number of calls for service related to these hookah cafes. The majority of calls handled by the Police Department are disturbances, loud music, and loud patrons loitering near residential areas. However, numerous other calls such as fights, assaults, arson, use of and under the influence of drugs, consumption of alcohol in public, Anaheim Police Dept. 425 S. Harbor Blvd. Anaheim, CA 92805 TEL 714.765.1892 FAX 714.765.1575 possession of alcohol by minors, theft, and weapons violations are some of the types of calls the Police Department has responded to at these establishments. Over the past approximately 2 1/2 years (28 months), the Police Department has responded to 413 calls for service at the various hookah cafes in our city. In addition to these calls for service, members of the Police Department have initiated their own activity at these establishments 86 times over the same time period, resulting in 499 incidents requiring police services. The Police Department Vice Detail recently conducted an investigation into the existing hookah cafes. This investigation revealed the following problems are occurring at some, but not all of these establishments: • Employees are not checking identification cards of patrons at the entrance to determine if they are less than 18 years of age, to prevent minors from smoking tobacco. • Employees are not prohibiting patrons from bringing in and consuming alcohol on the premises. Some of these patrons are under 21 years of age. • Narcotics violations (use, under the influence, and possession for sales) are occurring inside some of these businesses. • DJ's are being allowed to perform live entertainment and patrons are dancing inside without an entertainment permit and /or dance hall permit. • Cover charges are being collected at the front door. • Loud noise and loud music from inside the premises is disturbing local residents resulting in complaints. • Patrons are parking on local residential streets impacting already limited parking resulting in complaints. • Assaults have occurred inside the hookah cafes, the parking lots and in the surrounding areas. • Multiple businesses have been the target of arson/firebombs. • Gang members are frequenting these establishments, loitering and spray painting graffiti on exterior walls and buildings in the immediate area. To address these issues, and the concerns of neighboring businesses and residents, several City departments, Police, Community Preservation, Fire, Planning, and City Attorney worked together to draft an ordinance to regulate smoking lounges. The Chief of Police and members from each of the involved City departments held meetings with the owners of our existing hookah cafes, neighboring Page 2 businesses, and residents to discuss the proposed ordinance. Input gained from these meetings was used to modify the ordinance to its current proposed version. The department heads of the Police, Fire, Planning, Community Preservation, and City Attorney Departments all believe implementation of this proposed ordinance will allow reasonable regulation of smoking lounges which will result in fewer crimes, fewer complaints, fewer calls for service and a safer community. ** The Hidden Cafe was substantially damaged by a fire on June 1, 2005. Page 3 B ,. f "7 1177 Subject: Smoking Lounges City of Anaheim Fire Department Fire Prevention Bureau Specifications and Requirements Item No. 3 A,.HEIM S., 0 t % 4 P References: California Fire Code, 2001 Edition Section 1109.5 and 1109.6, and 1109.8.2; California Mechanical Code, 2001 Edition; California Code of Regulations Title 19, Division 1, and Chapters 1 and 3. Anaheim Municipal Code Titles 4 and 18. This specification and requirement has been prepared to identify the minimum fire and life safety requirements for Smoking Lounges as defined in the Anaheim Municipal Code, sometimes known as "hookah cafes ". The following are a list of requirements for Smoking Lounges: 1. Adequate ventilation is required when heating coals. A mechanical exhaust hood system that is listed shall be installed to provide ventilation. A building permit is required to install a mechanical exhaust hood system. 2. The mechanical exhaust hood fan shall be on at all times while coals are being prepared. 3. Whenever hot coals are removed from the preparation area, they shall be placed in a ceramic, metal, or other non- combustible container. Open mesh containers shall not be used. 4. Coal containers shall not be placed on combustible materials, such as tablecloths or furniture. All devices used to transfer coals from the container to the hookah pipe shall be of a non - combustible material. 5. Hookah pipes shall be securely fastened in place to prevent overturning. An approved clasp or hook may be used to secure the pipe to a table or other stationary object. A shield or other approved device shall be applied to the top of the pipe to prevent accidental contact of patrons to exposed coals. A protective device may be a cap constructed of aluminum foil so that the height is not less than two inches above the top of the coals. 6. Used coals shall not be discarded in such a manner that could cause ignition of combustible materials. Used coals shall be removed and placed into a sealed metal or ceramic container with a lid (no openings other than the lid). The container shall be labeled "Hot Coals Only ". The container shall not be placed within ten feet of other combustible materials, including combustible walls, partitions, or within two feet of openings of the building. If the container is placed on a non - combustible floor, ground surface, or stand, the container may be within two feet of the wall or partition. Hot ashes shall be thoroughly cooled (at least 24 hours) before being discarded. 7. The occupant load of a business shall be determined by the Anaheim Fire Department. If an occupant load is 50 or more all requirements of the California Fire and Building Code shall apply for an assembly occupancy. Requirements for assembly occupancies include a second exit, illuminated exit signs, and panic hardware. If a building or suite is not classified as an assembly occupancy, a change of occupancy classification shall be submitted to the City of Anaheim Building Division and shall be approved prior to Fire Department approval of the Smoking Lounge permit. 8. If the occupant load of the lounge is 50 or more, all combustible decorative materials shall be flame resistant. This includes curtains, tablecloths, and all materials hung from ceilings and/or walls. All textile and film materials shall be treated and maintained flame resistant. Certificates indicating the treatments applied, shall be kept at the place of business and be readily available to Anaheim Fire Department personnel upon request. The certificate must state the flame retardant material, the method used for application, and have the approval of the California State Fire Marshal. Flame retardant application services and certificates may be obtained from a licensed company. As a courtesy, a list of licensed companies may be requested from the Anaheim Fire Department. 9. 2A 1013C Type fire- extinguishers shall be installed in approved locations. A 2A:20BC type fire- extinguisher shall be installed adjacent to the area where the coals are prepared. A sign shall be provided to indicate extinguishers to occupants. For further information regarding these requirements contact: The City of Anaheim Fire Prevention Bureau at (714) 765 -4040 between the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. C\COOiamtaand Salting \v e��m \SwJagLomge&d ITEM NO. 1 -A 67 O -L RCL 99-00 -15 (4) RCL 82 -83-16 T -CUP 2004-04865 CUP 2003-04686 CUP 2001 -04324 T -VAR 2002 -04518 CUP 3700 VAR 2000-04417 FSP 2003-00003 SCW 2003-00023 0 (PTMU) OFRCE COMPEER KCl C9 I (P MU) T (PTMU) RCL 2005 -00166 RCL 2004 -DO129 RCL 99 -00-15 (Res. of Int to SE) RCL69 -70-43 RCL 69 -70-02 CUP 2005-05015 ARROWHEAD POND PARKING LOT crate .. ". 472 AROWHEAD POND OFA NAHEIM PR (PTMU) RCL 99 -00 -15 (Res ofInf to SE) RCL 93o4 -01 RCL 89-9029 RCL 69]043(5 ) — RCL 69]043 (4 RCL 69N43 (2 RCL 69N43 (1) RCL697042 T- CUP2W5 -05019 CUP 3653 CUP2649 CUP1 W6 WP — 1353 CUP12114 VAR 2576 VAR 2259 ARROWHEADPOND OFANAHEIM I � 475 O ti V' O RCL T (PTMU) RCL 9900 -15 (Res oflnf 1. SE) RCL 8990 -29 CUP W53 AROWHEAD POND OFANAHEIM KATELLA AVENUE F (P(MU) 99W 15 of Int. to SE) 97043 (3) I(PTMU) 697042 rimnrv�iw "" ALL PROPERTIES ARE IN THE PTMU (PLATINUM TRIANGLE MIXED USE OVERLAY) ZONE Conditional Use Permit No. 3653 TRACKING NO. CUP2005 -05019 Reclassification No. 2005 -00166 Conditional Use Permit No. 2005 -05015 Requested By: CITY OF ANAHEIM D Subject Property Date: September 19, 2005 Scale: Graphic Q.S. No. 127 CONDITIONAL USE PERMIT NO. 3653 - TRACKING NO. CUP2005 -05019 - REQUEST TO AMEND OR DELETE CONDITIONS OFAPPROVAL PERTAINING TO THE NUMBER OF FREESTANDING SIGNS ON THE PROPERTY. RECLASSIFICATION NO. 2005 -00166 - REQUEST TO RECLASSIFY THE PROPERTY FROM THE T (TRANSITION) ZONE AND I (INDUSTRIAL) ZONE TO THE PR (PUBLIC RECREATIONAL) ZONE. CONDITIONAL USE PERMIT NO. 2005 -05015 — REQUEST TO CONSTRUCT AN ON -SITE ELECTRONIC READERBOARD SIGN AT AN EXISTING REGIONAL SPORTS AND EVENT FACILITY. 2695 East Katella Avenue and 1621 Douglass Road - Arrowhead Pond of Anaheim ARROWHEAD / POND PARKING LOT b I Q (V RCL 15 (4) RCL L 82 82-83- 0 rr, -8 CUP 2003-04686 (n CUP 2001 -04324 (n �e Q T -VAR 2002 -04518 CUP 3700 VAR SCW 2003 0 0 (PTMU) OFRCE COMPEER KCl C9 I (P MU) T (PTMU) RCL 2005 -00166 RCL 2004 -DO129 RCL 99 -00-15 (Res. of Int to SE) RCL69 -70-43 RCL 69 -70-02 CUP 2005-05015 ARROWHEAD POND PARKING LOT crate .. ". 472 AROWHEAD POND OFA NAHEIM PR (PTMU) RCL 99 -00 -15 (Res ofInf to SE) RCL 93o4 -01 RCL 89-9029 RCL 69]043(5 ) — RCL 69]043 (4 RCL 69N43 (2 RCL 69N43 (1) RCL697042 T- CUP2W5 -05019 CUP 3653 CUP2649 CUP1 W6 WP — 1353 CUP12114 VAR 2576 VAR 2259 ARROWHEADPOND OFANAHEIM I � 475 O ti V' O RCL T (PTMU) RCL 9900 -15 (Res oflnf 1. SE) RCL 8990 -29 CUP W53 AROWHEAD POND OFANAHEIM KATELLA AVENUE F (P(MU) 99W 15 of Int. to SE) 97043 (3) I(PTMU) 697042 rimnrv�iw "" ALL PROPERTIES ARE IN THE PTMU (PLATINUM TRIANGLE MIXED USE OVERLAY) ZONE Conditional Use Permit No. 3653 TRACKING NO. CUP2005 -05019 Reclassification No. 2005 -00166 Conditional Use Permit No. 2005 -05015 Requested By: CITY OF ANAHEIM D Subject Property Date: September 19, 2005 Scale: Graphic Q.S. No. 127 CONDITIONAL USE PERMIT NO. 3653 - TRACKING NO. CUP2005 -05019 - REQUEST TO AMEND OR DELETE CONDITIONS OFAPPROVAL PERTAINING TO THE NUMBER OF FREESTANDING SIGNS ON THE PROPERTY. RECLASSIFICATION NO. 2005 -00166 - REQUEST TO RECLASSIFY THE PROPERTY FROM THE T (TRANSITION) ZONE AND I (INDUSTRIAL) ZONE TO THE PR (PUBLIC RECREATIONAL) ZONE. CONDITIONAL USE PERMIT NO. 2005 -05015 — REQUEST TO CONSTRUCT AN ON -SITE ELECTRONIC READERBOARD SIGN AT AN EXISTING REGIONAL SPORTS AND EVENT FACILITY. 2695 East Katella Avenue and 1621 Douglass Road - Arrowhead Pond of Anaheim 1 1 • i i 1 ♦ i I KAIt =LLA AVt= NUt= r''"I' 'A Magi 11LA O f Date of Aerial Photo: May 2002 Conditional Use Permit No. 3653 TRACKING NO. CUP2005 -05019 Reclassification No. 2005 -00166 Conditional Use Permit No. 2005 -05015 Requested By: CITY OF ANAHEIM Subject Property Date: September 19, 2005 Scale: Graphic Q.S. No. 127 CONDITIONAL USE PERMIT NO. 3653 - TRACKING NO. CUP2005 -05019 - REQUEST TO AMEND OR DELETE CONDITIONS OFAPPROVAL PERTAINING TO THE NUMBER OF FREESTANDING SIGNS ON THE PROPERTY. RECLASSIFICATION NO. 2005 -00166 - REQUEST TO RECLASSIFY THE PROPERTY FROM THE T (TRANSITION) ZONE AND I (INDUSTRIAL) ZONE TO THE PR (PUBLIC RECREATIONAL) ZONE. CONDITIONAL USE PERMIT NO. 2005 -05015 — REQUEST TO CONSTRUCT AN ON -SITE ELECTRONIC READERBOARD SIGN AT AN EXISTING REGIONAL SPORTS AND EVENT FACILITY. 2695 East Katella Avenue and 1621 Douglass Road - Arrowhead Pond of Anaheim M. Staff Report to the Planning Commission September 19, 2005 Item No. 4 4a. CEQA NEGATIVE DECLARATION (Motion) 4b. RECLASSIFICATION NO. 2005 -00166 (Resolution) 4c. CONDITIONAL USE PERMIT NO. 3653 (Resolution) (TRACKING NO. CUP2005- 05019) 4d. CONDITIONAL USE PERMIT NO. 2005 -05015 (Resolution) SITE LOCATION AND DESCRIPTION: (1) This site consists of two properties as follows: Portion A is an irregularly- shaped, 12.7 -acre property located at the northeast corner of Katella Avenue and Douglass Road, having frontages of 475 feet on the north side of Katella Avenue and 1,000 feet on the east side of Douglass Road; Portion B is an irregularly- shaped, 7.06 acre property is located at the northwest corner of Katella Avenue and Douglass Road, having frontages of 472 feet on the north side of Katella Avenue and 620 feet on the west side of Douglass Road (2695 East Katella Avenue and 1621 South Douglass Road - Arrowhead Pond of Anaheim). REQUEST: (2) The petitioner requests the following actions: a) Reclassification No. 2005 -00166 - to reclassify Portion B of the property from the T (PTMU) (Transition — Platinum Triangle Mixed -Use Overlay) zone and I (PTMU) (Industrial — Platinum Triangle Mixed -Use Overlay) zone to the PR (PTMU) (Public Recreational - Platinum Triangle Mixed -Use Overlay) zone. b) Conditional Use Permit No. 3653 - to amend or delete conditions of approval pertaining to the number of freestanding signs on the property to construct an on -site electronic readerboard sign at an existing regional sports and event facility (Arrowhead Pond of Anaheim). c) Conditional Use Permit No. 2005 -05015 —to construct an on -site electronic readerboard sign at an existing regional sports and event facility (Arrowhead Pond of Anaheim) under authority of Code Sections 18.14.030.020 and 18.44.050.010.0101. BACKGROUND: (3) Portion A of this property is zoned PR (PTMU) (Public Recreational - Platinum Triangle Mixed - Use Overlay), and Portion B is zoned T (PTMU) (Transition — Platinum Triangle Mixed -Use Overlay) zone and I (PTMU) (Industrial — Platinum Triangle Mixed -Use Overlay) and is developed with the Arrowhead Pond of Anaheim and associated parking lots. The Anaheim General Plan designates the property for Mixed -Use land uses. The Anaheim General Plan further designates properties to the east and south for Mixed -Use land uses, properties to the north for Office -Low land uses, and properties to the west (across SR 57) for Industrial land uses. SR CUP5015 PC 090905jr.doc Page 1 Staff Report to the Planning Commission September 19, 2005 Item No. 4 PREVIOUS ZONING ACTIONS: (4) Conditional Use Permit No. 3653 (to permit an approximate 49 -foot high, 850 square -foot, internally illuminated, freestanding sign) was approved by the Planning Commission on December 13, 1993. Resolution No. PC93 -135 adopted in connection with Conditional Use Permit No. 3653 included the following condition: "3. That the subject sign shall be the only free - standing sign on the subject property." DEVELOPMENT PROPOSAL: (5) The applicant, Anaheim Arena Management, requests deletion of Condition No. 3, to allow for the construction of a second on -site electronic readerboard sign on the Arrowhead Pond of Anaheim Campus (the existing sign is located on Portion A of the property along the Katella Avenue frontage). (6) In conjunction with request for modification of Conditional Use Permit No. 3653, the applicant proposes to reclassify Portion B of this property from the T (PTMU) and I (PTMU) zones to the PR (PTMU) zone in order to apply consistent zoning for the entire property and to construct an on -site electronic readerboard sign for an existing regional sports and event facility (Arrowhead Pond of Anaheim). The construction of this sign is part of a larger enhancement effort by Anaheim Arena Management for the entire facility, which would include upgrades to parking area landscaping, removal of chain -link fencing along Katella Avenue and Douglass Road, removal of trees within CalTrans right -of -way, construction of the new readerboard sign, and upgrades to the readerboard technology for the existing sign. (7) The site plan (Exhibit No. 1) indicates the new electronic readerboard sign would be located at the northwest corner of the Arrowhead Pond of Anaheim parking lot adjacent to State Route 57 (as indicated in the photograph below), within an existing planter area along the perimeter of the parking lot. The sign would be located a minimum of 10 feet from both the west property and north property lines. An existing storage shed has already been demolished to facilitate the location of the new sign. The Code defines electronic readerboard signs as: a changeable copy sign upon which the copy is displayed or changed by electronic means.' (AMC Section 18.44.030.16) Page 2 Staff Report to the Planning Commission September 19, 2005 Item No. 4 View of the northwest corner of the parking lot, showing the location of the proposed sign. Page 3 Staff Report to the Planning Commission September 19, 2005 Item No. 4 Rendering of Proposed Sign (8) The elevation plan (Exhibit No. 2) reflects a double -faced on -site electronic readerboard sign with a brushed bronzed aluminum finish. The sign would contain three (3) primary advertising display areas atop its base. The top portion of the sign, which is approximately fourteen (14) feet in height, would identify the "Arrowhead Pond of Anaheim" within and around an internally illuminated semi - circular cap. The lettering would be red and the semi- circular cap would be light blue in color. The second advertising display would consist of an electronic readerboard display that is twenty -five (25) feet in height and 925 square feet in area. This portion of the sign would incorporate the latest LED pixel technology. Two (2) Page 4 Staff Report to the Planning Commission September 19, 2005 Item No. 4 internally - illuminated changeable copy advertising sponsor panels would be located below the electronic readerboard portion of the sign and would have a combined height of twenty - five (25) feet and contain 775 square feet of display area. The thirty -nine (39) foot wide sign would be supported by a thirty (30) foot high base, which would not be visible from the freeway. ENVIRONMENTAL IMPACT ANALYSIS: (9) Staff has reviewed the proposal and the Initial Study (a copy of which is available for review in the Planning Department) and finds no significant environmental impact and, therefore, recommends that a Negative Declaration be approved upon a finding by the Planning Commission that the Negative Declaration reflects the independent judgment of the lead agency; and that it has considered the proposed Negative Declaration together with any comments received during the public review process and further finding on the basis of the Initial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment- EVALUATION (10) The Anaheim General Plan designates Portion B of this property for Mixed -Use land uses. The petitioner proposes a reclassification from the T (PTMU) and I (PTMU) Zones to the PR (PTMU) Zone to construct an on -site electronic readerboard sign. The reclassification of this portion of the Arrowhead Pond Campus would provide consistent zoning forthe entire property. Areas designated as Mixed -Use are designed to function differently from the typical patterns of individual, segregated land uses. The designation provides opportunities for an integrated mix of residential, retail, service, and entertainment opportunities in a pedestrian - friendly environment. Because the proposed development would be located on a portion of the Arrowhead Pond of Anaheim and is compatible with the existing land use, and would not preclude future implementation of the PTMU Overlay Zone for the site, staff recommends approval of the requested reclassification. (11) Marquee or electronic readerboard signs are allowed within the PR (PTMU) zone, subject to approval of a conditional use permit under authority of Code Section Nos. 18.14.030.02 and 18.44.050.010.0101. Page 5 Staff Report to the Planning Commission September 19, 2005 Item No. 4 View of Existing Sign Adjacent to Katella Avenue from the East (12) The applicant is requesting deletion of Condition No. 3 of Resolution No. PC93 -135 adopted in connection with Conditional Use Permit No. 3653. The deletion is necessary to allow the construction of a second on -site electronic readerboard sign at the Arrowhead Pond of Anaheim Campus. The sign approved under this use permit is the existing 49 -foot high internally illuminated sign located along the Katella Avenue frontage. The second sign, for which a new conditional use permit is being requested, would be located at the northwest corner of Portion B of the property, adjacent to the SR -57 Freeway. The new sign would contain approximately 65 feet of visible height from the freeway, due to a grade separation of approximately twenty -five (25) to thirty (30) feet between the freeway and the adjacent property where the sign is to be located. The height is necessary due to the grade variation (elevation) and path of travel (curvature) of the freeway along this portion of the state highway. The height would allow visibility for vehicular traffic in both north and southbound traveling lanes, and would contain a design in scale consistent with other local regional event and entertainment venues (Home Depot Center, Angel Stadium of Anaheim, and Staples Center of Los Angeles). (13) This segment of the SR -57 Freeway is designated as a "Landscaped Freeway" by the State and as such, certain provisions of the Outdoor Advertising Act (ODA) limit the types of signage in proximity to the freeway edge. Staff has been working with CalTrans on permitting requirements for the sign. Similar to other regional venues adjacent to the freeways with this type of designation, a legislative exemption from the ODA is required to permit the advertising sponsor portion of the sign. The City's intergovernmental relations staff is actively working with our legislators to sponsor the exemption. Therefore, use of these advertising panels would be conditioned upon passage of this exemption by the State Legislature. Page 6 Staff Report to the Planning Commission September 19, 2005 Item No. 4 FINDINGS: (14) Before the Commission grants any major modification to a conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: (a) That the modification of use is properly one for which a conditional use permit is authorized by the Zoning Code, or is an unlisted use as defined in Subsection .030 (Unlisted Uses Permitted) of Section 18.66.040 (Approval Authority); (b) That the modification will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located; (c) That 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; (d) That the traffic generated by the modified use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and (e) That the granting of the modifications under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. (15) Before the Planning Commission grants any conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: (a) That the proposed use is properly one for which a conditional use permit is authorized by this code, or is an unlisted use as defined in Subsection .030 (Unlisted Uses Permitted) of Section 18.66.040 (Approval Authority); (b) That the use will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located; (c) That the size and shape of the site proposed for use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor or to health and safety; (d) That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and (e) That the granting 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- RECOMMENDATION (16) Staff recommends that, unless additional or contrary information is received during the meeting, and based upon the evidence submitted to the Commission, including the evidence presented in this staff report, and oral and written evidence presented at the public hearing, the Commission take the following actions: (a) By motion, aoorove a Negative Declaration. Page 7 Staff Report to the Planning Commission September 19, 2005 Item No. 4 (b) By resolution, approve Reclassification No. 2005 -00166 to reclassify Portion B of the property from the T (PTMU) (Transition — Platinum Triangle Mixed -Use Overlay) zone and I (PTMU) (Industrial — Platinum Triangle Mixed -Use Overlay) zone to the PR (PTMU) (Public Recreational - Platinum Triangle Mixed -Use Overlay) zone by adopting the attached resolution including the findings and conditions contained therein. (c) By resolution, approve an amendment to Conditional Use Permit No. 3553 to delete condition no. 3 of Resolution No. PC93 -135 to allow the construction of an on -site electronic readerboard sign at an existing regional sports and event facility by adopting the attached resolution including the findings and conditions contained therein. (d) By resolution, approve Conditional Use Permit No. 2005 -05015 to construct an on -site electronic readerboard sign at an existing regional sports and event facility by adopting the attached resolution including the findings and conditions contained therein. Page 8 [DRAFT] RESOLUTION NO. PC2005 - * ** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR RECLASSIFICATION NO. 2005 -00166 BE GRANTED (1621 SOUTH DOUGLASS ROAD) WHEREAS, the Anaheim Planning Commission did receive a verified petition for Reclassification for real property situated in the City of Anaheim, County of Orange, State of California, described as follows: Legal Description to be inserted. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 19, 2005 at 2:30 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 reclassification 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 petitioner proposes reclassification of subject property from the T (PTMU) (Transition — Platinum Triangle Mixed -Use Overlay) zone and I (PTMU) (Industrial — Platinum Triangle Mixed -Use Overlay) zone to the PR (PTMU) (Public Recreational - Platinum Triangle Mixed -Use Overlay) zone. 2. That the Anaheim General Plan designates the properties to the east and south for Mixed -Use land uses, properties to the north for Office -Low land uses, and properties to the west (across SR 57) for Industrial land uses. 3. That the proposed reclassification of subject property is necessary and /or desirable for the orderly and proper development of the community, consistent with the zone designation intended for regional sports and event facilities and would provide for a consistent zone designation for the entire Arrowhead Pond of Anaheim property. 4. That the proposed reclassification of subject property does properly relate to the zones and their permitted uses locally established in close proximity to subject property and to the zones and their permitted uses generally established throughout the community. 5. That * ** indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim Planning Commission has reviewed the proposal to reclassify subject property from the T (PTMU) (Transition — Platinum Triangle Mixed -Use Overlay) zone and 1 (PTMU) (Industrial — Platinum Triangle Mixed -Use Overlay) zone to the PR (PTMU) (Public Recreational - Platinum Triangle Mixed -Use Overlay) zone; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. CR \PC2005- -1- PC2005- NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby approve the subject petition for Reclassification to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to exclude the above - described property from the T (PTMU) (Transition — Platinum Triangle Mixed -Use Overlay)and I (PTMU) (Industrial — Platinum Triangle Mixed -Use Overlay) zones and to incorporate said described property into the PR (PTMU) (Public Recreational - Platinum Triangle Mixed -Use Overlay) zone, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of subject property in order to preserve the safety and general welfare of the citizens of the City of Anaheim: That prior to introduction of an ordinance rezoning subject property, a preliminary title report shall be furnished to the Planning Services Division showing the legal vesting of title, a legal description and containing a map of the property. 2. That prior to placement of an ordinance rezoning subject property on an agenda for City Council consideration, Condition No. 1, above - mentioned, shall be completed. The City Council may approve or disapprove a zoning ordinance at its discretion. If the ordinance is disapproved, the procedure set forth in Anaheim Municipal Code Section 18.60.140 shall apply. The provisions or rights granted by this resolution shall become null and void by action of the Planning Commission unless said conditions are complied with within one (1) year from the date of this resolution, or such further time as the Planning Commission may grant. 3. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED, that this resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the subject property; any such rezoning shall require an ordinance of the City Council, which shall be a legislative act, which may be approved or denied by the City Council at its sole discretion. 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 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 19, 2005. 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 PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -2- PC2005- STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on September 19, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: 2005. IN WITNESS WHEREOF, I have hereunto set my hand this day of SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2005- [DRAFT] RESOLUTION NO. PC2005 - * ** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION AMENDING RESOLUTION NO. PC93 -135 ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 3653 (2695 EAST KATELLAAVENUE) WHEREAS, on December 13, 1993, the Anaheim City Planning Commission did, by its Resolution No. PC93 -135, grant Conditional Use Permit No. 3653 to permit a 49 -foot high, 850 square foot, internally illuminated, freestanding sign (2695 East Katella Avenue); and WHEREAS, the property is developed with developed with the Arrowhead Pond of Anaheim; that the zoning is PR (PTMU) (Public Recreational - Platinum Triangle Mixed -Use Overlay); and that the Anaheim General Plan designates the property for Mixed -Use land uses; and WHEREAS, the petitioner has requested an amendment to this conditional use permit to delete in its entirety Condition No. 3, to allow the establishment of a second on -site electronic readerboard sign within the Arrowhead Pond of Anaheim Campus; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 19, 2005 at 2:30 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 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 - That the requested amendment to allow an additional sign is properly one for which a conditional use permit is authorized by Section 18.60.190.030 of the Zoning Code. 2. That the request to delete Condition No. 3 of Resolution PC93 -135 to allow the establishment of a second on -site electronic reader board sign within the Arrowhead Pond of Anaheim Campus is appropriate and consistent with other regional entertainment and sports venues. 3. That 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. 4. That no additional traffic would be generated by the proposed sign and therefore, would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. That the granting of the modifications as recommended and under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim; and 6. That * ** indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim City Planning Commission has reviewed the request to amend this conditional use permit to amend or delete conditions of approval pertaining to the number of freestanding signs on the property to construct an on -site electronic readerboard sign at an existing regional sports and event facility; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review Cr1PC2005- -1- PC2005- (Tracking No. CUP2005- 05019) process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby amend Resolution No. PC93 -135, adopted in connection with Conditional Use Permit No. 3653, to approve the applicant's request, by deleting Condition No. 3 to allow the establishment of a second on -site electronic readerboard sign within the Arrowhead Pond of Anaheim Campus, and BE IT FURTHER RESOLVED that the conditions of approval in Resolution No. PC93 -135 are hereby amended and updated in their entirety to read as follows: That the subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein. 2. That prior final building and zoning inspections, Condition No. 1, above - mentioned, shall be complied with. 3. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the 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 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. AND BE IT FURTHER RESOLVED that the property owner /developer 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 commencement of the activity 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 September 19, 2005. 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 PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -2- PC2005- STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on September 19, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of , 2005. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2005- [DRAFT] RESOLUTION NO. PC2005 - * ** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2005 -05015 BE GRANTED (1621 SOUTH DOUGLASS ROAD AND 2695 EAST KATELLAAVENUE) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: Legal Description to be inserted. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 19, 2005, at 2:30 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. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section Nos. 18.14.030.020 and 18.44.050.010.0101 to construct an on -site electronic reader board sign at an existing regional sports and event facility (Arrowhead Pond of Anaheim). 2. That the proposed use will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located because the sign is compatible with the primary use of the property as a regional event facility. The height of the sign, as proposed, is necessary due to the grade elevation and curvature of the SR 57 along this portion of the state highway, and the sign's size and scale are consistent with other local regional event and entertainment venues including Angel Stadium of Anaheim. 3. That no traffic would be generated by the sign as an accessory advertising device and therefore, would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 4. That the granting 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. 5. That * ** indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim City Planning Commission has reviewed the proposal to construct an on -site electronic readerboard sign at an existing regional sports and event facility (Arrowhead Pond of Anaheim) and the Initial Study (a copy of which is available for review in the Planning Department) and finds no significant environmental impact and, therefore, recommends that a Negative Declaration be approved upon a finding by the Planning Commission that the Negative Declaration reflects the independent judgment of the lead agency; and that it has considered the proposed Negative Declaration together with any comments received during the public review process and further finding on the basis of the Initial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. Cr\PC2005- -1- PC2005- NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject petition for Conditional Use Permit, upon the following conditions 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: 1. That final landscape plans shall be submitted to the Planning Services Division for review and approval. The landscape plan shall reflect a six (6) foot high landscaped berm and layered landscape planting design along around the base of the new sign. Any decision made by the Planning Services Division regarding said plan may be appealed to the Planning Commission as a Reports and Recommendation item. 2. That final sign plans, and a colors and materials board, shall be submitted to the Planning Services Division for review and approval. Any decision made by the Planning Services Division regarding said plan may be appealed to the Planning Commission as a Reports and Recommendation item. 3. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty -four (24) hours from time of occurrence. 4. That this Conditional Use Permit is granted subject to the approval of Reclassification No. 2004 -00166 and amendment to Conditional Use Permit No. 3653, now pending. 5. That any tree planted on -site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and /or dead. 6. That the locations for future above - ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on plans submitted for building permits. Plans shall also identify the specific screening treatments of each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to the review and approval of the appropriate City departments. 7. That any required relocation of City electrical facilities shall be at the developer's expense. That landscape and /or hardscape screening of all pad- mounted equipment shall be required and shall be shown on plans submitted for building permits. 8. That the developer shall acquire all appropriate permits from the State or other relevant agencies for all work associated with the construction of the sign or modifications to landscaped areas adjacent to SR 57 Freeway. That the use of the sponsor advertising panels shall not be permitted unless a legislative exemption to the Outdoor Advertising Act is approved by the State Legislature. All advertising on the sign shall comply with provisions set forth in Sections 5200 -5486 (Outdoor Advertising Act) of the Business and Professions Code. 9. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2, as conditioned herein. 10. That the sign shall be continually maintained in a "like new" condition. 11. That prior to issuance of a building permit, or within a period of three (3) years from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 4, 6, 7 and 8, above - mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 12. That prior to final building and zoning inspections, Condition No. 9, above - mentioned, shall be complied with- -2- PC2005- 13. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the 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 September 19, 2005. 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 PLANNING COMMISSION SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on September 19, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of 1 2005- SENIOR SECRETARY. ANAHEIM PLANNING COMMISSION -3- PC2005- ITEM NO. 1 -A mrc /8 18 „P p� / DU ,Y _____ I I 11 I I I I I I I p p l IJAR 2003N / � I � - ¢11 Oam IVARMGa! I I I I I I I I I 4 DU ❑1 1 1 ( ws9z II '' I I I I I I I —I I I--I I 1 I I� RM-44 R 1 -4 o N pl I 1 1 I I I I RCL 56 -57 -83 I I RCL 56 -57 -83 I I 8 DU I 1 I I I `� VAR 2001 -04439 VAR 2001 -04439 VAR 2001 -04426 I I VAR 2001-04426 VAR 2000 -04421 I I VAR 2000 -04421 ❑1 I 4DU I F 1 v Q I m W VAR 4409 VAR 4409 y l I I w I cO I> I 8 DU EACH j 1 8 DU EACH O r� I P�U I K I I I T xl I— 1 Q I ❑ I I— ��oug -1 O I o 1 8DU ITY WELL 1v� ��m I w l I I I I I I o �I 1 8 DU W j 01 1 4 DU IJAR� I x1 I I I aam � I 000� I I I I I I I I ��> I 4DU 1 I 0 I I »> I I I I I I I I DO) AUDRE DRIVE 1232' T T T -CUP 2000 -04223 CUP 2001 -04401 T CUP 4165 T -CUP 2005-04988 4165 T-CUP 2000 -04223 NURSERY CUP 4165 I NURSERY J y_ SOUTHERN CALIFORNIA EDISON COMPANY PROPERTY x U u RS -2 ❑ 1 DU EACH LASTER AVE LU x W U RS-2 W RS-2 1 DU EACH +211 1 DU EACH O K O RS -2 Z Z J KIMBERLY LN KIMBERLY PL RS -2 1 DU EACH 1 DU EACH m 1 DU EACH x vACArvr uxo r 2 m N �o TRENTON DR ° RS 2— Conditional Use Permit No- 4165 Subject Property TRACKING NO- CUP2005 -04988 Date: September 19, 2005 Scale: Graphic Requested By: SOUTHERN CALIFORNIA EDISON COMPANY Q -S- No- 66 REQUEST FOR REINSTATEMENT OF THIS PERMIT BY THE MODIFICATION OR DELETION OF A CONDITION OF APPROVAL PERTAINING TOATIME LIMITATION (APPROVED ON DECEMBER 6, 1999 TO EXPIRE DECEMBER 6, 2004) TO RETAIN TELECOMMUNICATION ANTENNAS ON AN EXISTING ELECTRICAL TRANSMISSION TOWER - 1200 -1400 West Audre Drive, 1650 South Ninth Street and 1651 South Walnut Street - Southern California Edison Easement 1872 x ..� w - AUDREIDRIVE + +l W � s • ' FRI w 'w t y..+,. .' Cf).. told f 7'1 0 1 CASTER AVE -, gi mom Kim Date of Aerial Photo: May 2002 Conditional Use Permit No. 4165 Subject Property TRACKING NO. CUP2005 -04988 Date: September 19, 2005 Scale: Graphic Requested By: SOUTHERN CALIFORNIA EDISON COMPANY Q.S. No. 66 REQUEST FOR REINSTATEMENT OF THIS PERMIT BY THE MODIFICATION OR DELETION OF A CONDITION OF APPROVAL PERTAINING TOATIME LIMITATION (APPROVED ON DECEMBER 6, 1999 TO EXPIRE DECEMBER 6, 2004) TO RETAIN TELECOMMUNICATION ANTENNAS ON AN EXISTING ELECTRICAL TRANSMISSION TOWER. 1200 -1400 West Audre Drive, 1650 South Ninth Street and 1651 South Walnut Street - Southern California Edison Easement 1872 Staff Report to the Planning Commission September 19, 2005 Item No. 5 5a. CEQA NEGATIVE DECLARATION (PREVIOUSLY - APPROVED) (Motion) 5b. CONDITIONAL USE PERMIT NO.4165 (Resolution) (Tracking No. CUP2005- 04988) SITE LOCATION AND DESCRIPTION: (1) This rectangularly- shaped 5.0 -acre property is located on the south side of Audre Drive between Walnut Street and Ninth Street with a frontage of 1,232 feet on the south side of Audre drive, 175 feet on the west side of Walnut Street and 175 feet on the east side of Ninth Street (1200 — 1400 West Audre Drive, 1650 South Ninth Street and 1651 South WalnutStreet — Southern California Edison Easement). REQUEST: (2) The applicant requests reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on December 6, 1999 to expire on December 6, 2004) to retain telecommunication antennas on an existing electrical transmission tower under authority of Code Section Nos. 18.38.060 and 18.14.030.040.0402. BACKGROUND: (3) This item was continued from the June 27, 2005, Planning Commission meeting in order for the applicant to bring the property into compliance with outstanding violations of conditions of approval pertaining to landscaping. (4) This property is developed with Edison transmission towers and a plant nursery and is zoned T (Transitional). The Anaheim General Plan Land designates this property for Open Space land uses. (5) Conditional Use Permit No. 4165 (to permit telecommunication antennas on an existing electrical transmission tower with waiver of minimum landscape requirements) was granted, in part (waiver deleted), by the Planning Commission for a period of five years to expire December 6, 2004. A request to amend a condition pertaining to fencing and landscaping was denied by the Planning Commission on May 8, 2000. Resolution No. PC99 -220 adopted in connection with this permit contains the following condition of approval: "l - That subject use permit shall expire five (5) years from the date of this resolution, on December 6, 2004" DISCUSSION: (6) The applicant has submitted a request to reinstate Conditional Use Permit No. 4165 to retain the telecommunication facility. In conjunction with the reinstatement, the applicant requests that Condition No. 1 of Resolution No. PC99 -220 be amended to allow the permit to be reinstated for the maximum time allowable. According to the applicant, this facility is an integral part of their wireless system and is needed to ensure adequate service area coverage for customers. Srcup2005 -04988 Page 1 Staff Report to the Planning Commission September 19, 2005 Item No. 5 (7) To demonstrate that the findings required for reinstatement of this use permit have been satisfied, the applicant has submitted the attached Justification for Reinstatement. The applicant has indicated that the physical aspects of the property have been enhanced and the permit is being exercised substantially in the same manner and in conformance with all conditions of approval. (8) Community Preservation staff re- inspected the site on September 7, 2005, and subsequently issued a notice of violation for weeds and discarded plastic containers on the interior portion of the property. The applicant has been made aware of these conditions and has indicated that the site would be cleaned before the public hearing before the Planning Commission. Although the applicant has now installed the required landscaping, regular inspections by Community Preservation Division staff are needed to ensure that the property is being properly maintained. (9) The landscape plans that were submitted by the original applicant in compliance with Condition of approval No. 4 of Resolution No. PC99 -220 (which required a final landscape and fencing plan for Planning Commission's review and approval) indicated that nine (9) 24- inch box evergreen trees and four (4) 15- gallon evergreen shrubs in front of the existing fence adjacent to Walnut Street. The landscaping was planted but not maintained and properly irrigated. The current applicant (Velocitel) was notified of the overgrown vegetation and lack of landscaping and requested a continuance in order to bring the site into conformance. As indicated in the photo below, the site has now been fully landscaped and proper irrigation has been installed. However, as indicated in the September 7, 2005, memorandum from the Community Preservation Division, the interior of the property has weeds and discarded plastic containers. View of the site from Walnut Street Page 2 Staff Report to the Planning Commission September 19, 2005 Item No. 5 (10) The applicant is requesting that the telecommunication facility be approved for the maximum allowable time limitation. The Commission as a matter of policy has placed a time limit of five (5) years on unscreened and monopole -type telecommunication facilities. The Commission has found this time limit is important for two reasons: 1) to ensure that the facility is operating as intended and in compliance with conditions of approval; and 2) to periodically review the facility to determine if advances in technology would result in a more appropriate installation for a specific location. Staff is supportive of reinstating this permit for a period of five years to expire on December 6, 2009, subject to the following condition being added: 'That quarterly inspections for the first year and annually thereafter, shall be conducted by the Community Preservation Division to ensure compliance with the conditions of approval. The cost of such inspections shall be paid for by the applicant. ENVIRONMENTAL IMPACT ANALYSIS: (11) Staff has reviewed the proposal to retain the telecommunications antennas on an existing electrical transmission tower and the accessory ground- mounted equipment and the Initial Study (a copy of which is available for review in the Planning Department) and finds no significant environmental impact and, therefore, recommends that the previously- approved Negative Declaration serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency; and that it has considered the previously- approved Negative Declaration together with any comments received during the public review process and further finding on the basis of the Initial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment FINDINGS: (12) Before the Commission grants any conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: (a) That the use is properly one for which a conditional use permit is authorized by the Zoning Code, or is an unlisted use as defined in Subsection .030 (Unlisted Uses Permitted) of Section 18.66.040 (Approval Authority); (b) That the use will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located, (c) 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 or to the health and safety; (d) That the traffic generated by the use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and (e) That the granting 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. Page 3 Staff Report to the Planning Commission September 19, 2005 Item No. 5 (13) Section 18.60.180.030 of the Zoning Code requires that an approval for a reinstatement shall be granted only upon the applicant presenting evidence to establish the following findings: (a) The facts necessary to support each and every required showing for the original approval of the entitlement as set forth in this chapter exist; (b) The permit is being exercised substantially in the same manner and in conformance with all conditions and stipulations originally approved; (c) 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 welfare; and (d) With regard only to any 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 and that the periodic review of the use is no longer necessary and /or that it can be determined that, due to changes circumstances, the use is consistent with the City's long -term plans for the area- RECOMMENDATION (14) Staff recommends that, unless additional or contrary information is received during the hearing, and based upon the evidence submitted to the Commission, including the evidence presented in this staff report, and oral and written evidence presented at the public hearing, the Commission approve the petitioner's request for reinstatement for a period of five years to expire on December 4, 2009, by adopting the attached resolution including the findings and conditions contained therein. Page 4 [DRAFT] RESOLUTION NO. PC2005 - * ** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO- 4165, AND AMENDING CERTAIN CONDITONS OF APPROVAL OF RESOLUTION NO. PC99 -220, ADOPTED THEREWITH (1200 —1400 WEST AUDRE DRIVE, 1650 SOUTH NINTH STREET AND 1651 SOUTH WALNUT STREET — SOUTHERN CALIFORNIA EDISON EASEMENT) WHEREAS, on December 6, 1999, the Anaheim Planning Commission, by Resolution No. PC99 -220 approved Conditional Use Permit No. 4063 to permit telecommunication antennas on an existing electrical transmission tower, with waiver of minimum landscaped requirements (denied); and WHEREAS, said Resolution No. PC99 -220 includes the following condition of approval: 11 1. That subject use permit shall expire five (5) years from the date of this resolution, on December 6, 2004" WHEREAS, the property is currently developed with Edison transmission towers and a plant nursery and is zoned T (Transitional) and the Anaheim General Plan Land designates this property for Open Space land uses; and WHEREAS, the Planning Commission did continue this item from the June 27, 2005 Planning Commission meeting and did conduct a public hearing at the Civic Center in the City of Anaheim on September 19, 2005, at 2:30 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 fine and determine the following facts: 1. That the applicant's proposal to permit and retain telecommunication antennas on an existing electrical transmission tower is authorized by Anaheim Municipal Code Section Nos. 18.38.060 and 18.14.030.040.0402. 2. That the proposed telecommunications facility would not adversely affect the adjoining land uses and the growth and development of the area in which it is currently located. 3. That the facts necessary to support each and every required showing for the original approval of the entitlement exist; and that an inspection conducted by the Community Preservation Division of the Planning Department revealed that the use is operating in compliance with the conditions of approval imposed on the original permit except for maintenance of the property which is being addressed by the addition of a new condition of approval. 4. That this conditional use 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 welfare. 5. That * * ** indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. Cr\PC2005- -1- PC2005- CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim Planning Commission has reviewed the proposal to retain a telecommunications facility; and does hereby find that the previously- approved Negative Declaration is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the previously approved Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does herby approve the reinstatement of this permit and further, incorporates the conditions of approval contained in Resolution No. PC99 -220 into a new resolution with the following conditions of approval: 1. That subject use permit shall expire on December 6, 2009. 2. That a maximum of three (3) antenna arrays with four (4) antennas each may be located on the existing tower and a maximum of one (1) GPS -type antenna shall be located on the proposed accessory ground- mounted equipment. The placement of the two antenna arrays on the lattice tower shall be limited to fifty six (56) feet in height and the maximum height for one of the antenna arrays shall be sixty five (65); and that the equipment, consisting of a total of seven (7) equipment cabinets, shall continue to be located directly at the base of the tower; and surrounded by an eight (8) foot high wrought iron fence. Said information shall be specifically shown on plans submitted for City of Anaheim permits. No additional antennas or equipment cabinets shall be permitted without the approval of Planning Commission. 3. That the antennas shall be finished and painted to match the existing lattice tower structure. If the finish or color of the lattice tower is modified, the antennas shall be modified accordingly. Said information shall be specifically shown on plans submitted for City of Anaheim permit. 4. That no signage, flags, banners and /or any other form of advertising shall be attached to the antennas or the transmission tower structure. 5. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Development Services Division of the Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein. 6. That quarterly inspections for the first year and annually thereafter, shall be conducted by the Community Preservation Division to ensure compliance with the conditions of approval. The cost of such inspections shall be paid for by the applicant. 7. That prior to final building and zoning inspections, Conditions Nos. 5 and 8, above - mentioned, shall be complied with. 8. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable, ordinance, regulation or requirement. BE IT 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 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- PC2005- BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 7 days of the issuance of the final invoice prior to issuance of a building permit or prior to commencement of the activity, whichever occurs first. 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 September 19, 2005. 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 PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 1, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on September 19, 2005, by the following vote of the members thereof: AYES: NOES: ABSENT: IN WITNESS WHEREOF, I have hereunto set my hand this day of 2005. SENIOR SECRETARY. ANAHEIM PLANNING COMMISSION -3- PC2005- F- ARM1 1TiT7, MIMI11M.31P MEMORANDUM CITY OF ANAHEIM Community Preservation Division DATE: SEPTEMBER 7.2005 TO: DELLA HERRICK, ASSOCIATE PLANNER FROM: DON YOURSTONE, SENIOR COMMUNITY PRESERVATION OFFICER SUBJECT: REINSTATEMENT OF CONDITIONAL USE PERMIT 4165 On September 1, 2005, Community Preservation Officer Art Fiebing conducted a follow up inspection at 1651 S. Walnut Street and observed the following: 1. The landscaping located next to Walnut Street had been replaced with new landscaping material. 2. Located inside the property and next to the cell tower were weeds and discarded plastic containers. Community Preservation records reveal the property owner of record has been sent a City of Anaheim Notice of Violation regarding the weeds and discarded plastic containers. Community preservation staff will conduct re- inspections until the violations have been corrected. If you have any questions please contact me at ext. 4451. m1003dy JBI PETITIONER'S STATEMENT 0 Attachment- Item No. 5 JUSTIFICATION FOR REINSTATEMENT Section 18.60.180 of the Anaheim Municipal Code requires that requests for reinstatements or renewals of a time - limited permit shall be made in writing no later than six (6) months after the expiration date of the permit sought to be reinstated or renewed and must be accompanied by an application form and the required filing fee. 1. In order to reinstate or renew a permit, the facts necessary to support each and every finding for the original approval of the entitlement as set forth in the following excerpts from the Anaheim Zoning Code still exist: 18.66.060 (Relative to Conditional Use Permits) Before the approval authority, or City Council on appeal, may approve a conditional use permit, it must make a finding of fact, by resolution, that the evidence presented shows that all of the following conditions is required: .031 That the proposed use is properly one for which a conditional use permit is authorized by this code, or is an unlisted use as defined in subsection .030 (Unlisted Uses Permitted) of Section 18.66.040 (Approval Authority); .032 That the proposed use will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located; .033 That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to health and safety; .034 That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and .035 That the granting 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. 18.74.060 (Relative to Variances) Before any variance may be granted by the approval authority, or City Council on appeal, it shall be shown: .0201 That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; .0202 That, because of special circumstances shown in .0201, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. 2. Said permit or variance is being exercised substantially in the same manner and in conformance with all conditions and stipulations originally approved; 3. Said permit or variance 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 welfare; and 4. With regard only to any 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 and that the periodic review of the use in no longer necessary and /or that it can be determined that, due to changed circumstances, the use is consistent with the City's long -term plans for the area. In order to determine if such findings exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer the following questions fully and as complete as possible. Attach additional sheets if additional space is needed. Has any physical aspect of the property for which this use permit or variance been granted changed significantly since he issuance of this use permit or variance? Yes E] No C....hi... ✓1^ — G.4r. Vi/s .,re :]L rl 1 /I /r4 G✓� kTtlrn.u:hr_ i i Ve -a-c't 54 (over) CoVyTJe +Q f-f vl cjtmtmq CASE On Separck 5� at CUP N0. - 4 16 5 2. 3. Has any aspec of the nature of the operation changed since the issuance of this use permit or variance? Yes ❑ Nom (�, 'I - Explain: d10 . �Iea - St e.- /Y� NA l� U I I <t -c 4. Are the conditions of approval pertaining to the use permit or variance being complied with? YesQ�No [] e -XCCpi �ct1o(lb .. ��} 1 5. If you are requesting a deletion of the time limitation, is this deletion necessary for the continued operation The applicant for this request is: ❑ Property Owner Authorized Agent Name of Property Owner or Authorized Agent (Please Print) cA Lt- Signature of Property Owner or Authorized Agent IN N e,.LA 2005 --` `J Date Reinstatement application.doc Revised 9/13/04 CUP NO. - 41 5 Have the land uses in the ir�Smediate vicinity changed since the issuanof this use permit or variance? Ypq n Nn FY k.1 _ e 000 Veloc/Tel 5 May 2005 Ted White City of Anaheim - Planning Department 200 South Anaheim Boulevard Anaheim, California 92805 Re: Request for Reinstatement for CUP 4165 1653 South Walnut Street, Anaheim Sprint PCS OG35CX188 SCE Barre -Villa Park Tower Number M342 Justification for Reinstatement — Petitioner's Statement Dear Ted: Attachment - Item No. 5 Please find the requested Justification For Reinstatement for CUP -4165. 18.66.060 .031 —The subject property is currently used as an SCE Tower Line and has been co- developed into a nursery as well as the exiting Sprint Wireless Communications Facility and a Cingular/T Mobile Wireless Communications Facility. The SCE and nursery uses were also present at the time this CUP was originally approved. Subsequent to the approval of the above CUP, and additional CUP was approved for a similar use by Cingular, now T Mobile. .032 —The proposed use will adversely affect the adjoining land uses or the growth or development of the area. SCE, as a public utility, is an extremely stable, long -term use that is not likely to change in the foreseeable future. The adjoining land uses are residentially oriented to the north and south with Disneyland to the east and SCE continuing to the west. As with SCE, the residential and resort uses are also extremely stable and not likely to change in the foreseeable future. .033 —The size and shape of the site are adequate for the proposed use and no expansions are sought through this application. There are no known health and /or safety concerns predominating from the proposed use. .034 —The proposed facility is an unmanned facility requiring only periodic monthly and emergency maintenance. As such, the facility will generate negligible traffic and therefore will not cause any undue burden upon streets and highways designed and improved to carry traffic in the area. .035 — Reinstatement of this CUP will not pose any known health and safety conditions to the citizens of Anaheim. In fact, as a well -known provider of mobile 18071 Fitch Avenue Ste. 200 Irvine CA 92614 Ph: 949 809-4 Fax: (2131947-1518 -4165 t 0 0 communication services, reinstatement of this CUP will allow Sprint to continue providing virtually seamless mobile phone service to the community. 18.74.060 —No variances were necessary for the above - mentioned CUP. 2. Said permit is being exercised in the same manner and in conformance with all conditions and stipulations as originally approved with the exception of the original condition 4 relating to the maintenance of the perimeter landscaping on the Walnut Street side of the development. On 2 May 2005 it was brought to my attention that the property had been cited for code violations associated with the landscape maintenance under code sections 6.44.010.070.0705.02 and 6.44.010.030. 1 notified Sprint immediately of the situation and forwarded a copy of the Notice of Violation upon my receipt, on 3 May 2005. Up to this point, Sprint was completely unaware there had been any concerns with the site. I conducted a site visit on 2 May 2005 to verify the site conditions. At that time, no refuse was present on or about the Walnut Street side of the property nor inside the SCE gates. At present SCE, along with both sprint and T Mobile, is working to re- establish water services to the site and also implementing a landscape rejuvenation along with a regular maintenance schedule for the property. Additional details, along with a detailed report of the progress will be available as expeditiously as possible. No variances were necessary for the above - mentioned CUP. 3. Said 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 welfare. No variances were necessary for the above - mentioned CUP. 4. This application seeks to renew the existing permit for the maximum time allowable. This is appropriate as the SCE use for the property is stable and the addition of a Wireless Telecommunications Facility has not added any undue burden, hardship or blight to the community. 1. NO. There have been no substantial changes to the physical aspects of the property since the permit was issued. In fact, subsequent to the approval of CUP -4165, another CUP was approved for an additional Wireless Telecommunications facility on the adjacent SCE tower. SCE's use, as a public utility, is an extremely stable, long -term use. As such, there are no changes likely in the foreseeable future. 2. NO. The land uses in the immediate vicinity have not changed since the issuance of this permit. The are to the north and south has been long developed into residential uses which are among the most stable. The area to the west is part of Disney's resort and is also a long -term stable use. SCE also occupies the area to the east and. Again, as a public utility, this is one of the most stable and long -term uses imaginable. CUP NO. -416 5 18071 Fitch Avenue, Ste. 200, Irvine CA 92614 Ph: (949) 809.4999 Fax: (21 3) 947-151 0 0 3. NO. No aspects of the nature of the operation have changed since the issuance of the use permit. 4. YES. With the exception of condition 4, the original conditions of approval are being complied with. Concerning condition 4, Sprint was only made aware of the code violations assessed to the property on 2 May 2005. Since this date,, mass efforts have begun to be organized between Sprint, SCE and T Mobile (another tenant on the property also conditioned with the upkeep and maintenance of the landscape and refuse removal). A plan is shortly being put into place to ensure both the immediate remedy of the situation as well as a long -term solution to the problem. Details of this plan will be made available as soon as it is finalized. The resolve is expected to occur within the month. 5. NO. While a deletion of any imposed time limitation on any subsequent reinstatement of CUP -4165 are not necessary for the continued operation of this use permit, it is hoped that the city will take into consideration both the underlying land use, an SCE transmission line, and the stability of the technology this use permit services to facilitate. Wireless Telecommunication Facilities are quickly being treated as quasi - public utilities in many arenas. Deletion of any further requirements for reinstatement of this use permit will allow for the Sprint PSC to further focus its sights on providing industry leading telecommunication services to Anaheim's many residents and visitors. Please contact me directly for any additional information that may be helpful appreciate your consideration. Sincerely, Terri Grisenti, Land Use Manager (949) 939 -4829 Mobile Email: T. GrisentiOVelocitel. net CUP N0. -416 5 1 18071 Fitch Avenue, Ste. 200, Irvine, CA 92614 Ph: 19491809 -4999 Fax: (213) 947 -1518 9 0 Item No. 5 oci Vel Tel 5 May 2005 Ted White City of Anaheim - Planning Department 200 South Anaheim Boulevard Anaheim, California 92805 Re: Request for Reinstatement for CUP 4165 1653 South Walnut Street, Anaheim Sprint PCS OG35CX188 SCE Barre -Villa Park Tower Number M3 -T2 Dear Ted: On behalf of Sprint PCS, please find this "Letter of Request" to fulfill the requirement for such. This letter has been submitted by Terri Grisenti, Land Use Manager for VelociTel, Sprint's authorized representative. Sprint desires that their previously approved CUP -4165 be reinstated for the maximum time period allowable. Please contact me directly for any additional information. consideration. Sincerely, C� - JZkLA- Terri Grisenti Land Use Manager Velocitel, Inc. (949) 939 -4829 Mobile (213) 947 -1518 Fax Email: T.GrisentieVelocitel.net I appreciate your CUP HR -416 5 ' 18071 Fitch Avenue, Ste. 200, Irvine, CA 92614 Ph: 19491809 -4999 Fax: 12131947 -1518 0 0 Attachment - Item No. 5 RESOLUTION NO. PC99 -220 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4165 BE GRANTED, IN PART, FOR FIVE (5) YEARS UNTIL DECEMBER 6, 2004 WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THE SOUTHERLY 175.00 FEET OF LOT 4 IN BLOCK 13 OF THE SUBDIVISION OF THE SOUTH ONE -HALF OF SECTION 21, TOWNSHIP 4 SOUTH, RANGE 10 WEST, S.B.B. AND M., AS PER MAP RECORDED IN BOOK 1, PAGE 33, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 6, 1999 at 1:30 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 18.03, 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. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.21.050.125 to permit telecommunication antennas on an existing electrical transmission tower with waiver of the following: Section 18.04.060.040 - Minimum landscape requirements 2. That the waiver is denied on the basis that it was determined not to be necessary following public notification. 3. That the proposed use, as approved, will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 4. That the size and shape of the site for the proposed use is adequate to allow the full development of the proposal in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare. 5. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 6. That granting of this conditional use permit, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 7. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim City Planning Commission has reviewed the proposal to permit telecommunication antennas on an existing electrical transmission tower with waiver of minimum landscape requirements on a 5.02 -acre rectangularly- shaped property located on the south side of Audre Drive between Ninth Street and Walnut CR3829PK.DOC -1- PC99 -220 0 • Street, having frontages of 175 feet on the east side of Ninth Street, 1,232 feet on the south side of Audre Drive and 175 feet on the west side of Walnut Avenue, and further described as 1200 -1400 West Audre Drive, 1650 South Ninth Street and 1651 South Walnut Street (Southern California Edison Easement); and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, in part, upon the following conditions 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: That subject use permit shall expire five (5) years from the date of this resolution, on December 6, 2004. 2. That a maximum of three (3) antenna arrays with four (4) antennas each may be located on the existing tower and a maximum of one (1) GPS -type antenna shall be located on the proposed accessory ground- mounted equipment. The placement of the two antenna arrays on the lattice tower shall be limited to fifty six (56) feet in height and the maximum height for one of the antenna arrays shall be sixty five (65) feet; and that the equipment, consisting of a total of seven (7) equipment cabinets, shall be placed directly at the base of the tower, and surrounded by an eight (8) foot high wrought iron fence. Said information shall be specifically shown on plans submitted for City of Anaheim permits. No additional antennas or equipment cabinets shall be permitted without the approval of the Planning Commission. 3. That the antennas shall be finished and painted to match the existing lattice tower structure. If the finish or color of the lattice tower is modified, the antennas shall be modified accordingly. Said information shall be specifically shown on plans submitted for City of Anaheim permits. 4. That final plans shall be submitted to the Zoning Division of the Planning Department specifying existing and proposed fencing and landscaping for the areas adjacent to Walnut Street where the accessory ground- mounted equipment and GPS -type antenna may be visible. Said plans shall include adequate fencing and landscaping to thoroughly screen the proposed equipment location and shall be submitted to the Zoning Division for review and approval by the Planning Commission as a "Reports and Recommendations" item. This information shall be specifically shown on plans submitted for City of Anaheim permits. 5. That the legal owner of this property shall provide the City of Anaheim with a public utilities easement to be determined as the electrical design is completed. Said easement shall be submitted to the City of Anaheim prior to connection of electrical service. 6. That any required relocation of City of Anaheim electrical facilities shall be at the developer's expense. 7. That no signage, flags, banners and /or any other form of advertising shall be attached to the antennas or the transmission tower structure. 8. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein. 9. That prior commencement of the activity herein approved, or prior to issuance of a City of Anaheim permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 2, 3 and 4, above - mentioned, shall be complied with. -2- PC99 -220 r 10. That prior to final building and zoning inspections, Condition Nos. 5 and 8, above - mentioned, shall be complied with. 11. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 6, 1999. (Original signed by Stephen W. Bristol) CHAIRPERSON PRO TEMPORE, ANAHEIM CITY PLANNING COMMISSION ATTEST: (Original signed by Margarita soloriol SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on December 6, 1999, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BRISTOL, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: KOOS, BOYDSTUN IN WITNESS WHEREOF, I have hereunto set my hand this day of , 1999. I0r'i in ^ _. a ' SECRETARY, ANAHEIM CI PLANNI COMMISSION -3- PC99 -220 ITEM NO. 1 -A z a I a 4-30 '0 52 NTS 49111 08 \ 3082 1873S A AP S. sou LINCOLN AVENUE —790' cis >� aE2n`� { aW n 5 4� Z pU Z pU D 111 T' Reclassification No- 2005 -00167 Subject Property Conditional Use Permit No- 2005 -05023 Date: September 19, 2005 Tentative Tract Map No- 16784 Scale: 1"=200' Requested By: DENNIS T- BERGER Q -S- No- 63 RECLASSIFICATION NO- 2005 -00167 - A CITY - INITIATED REQUEST TO RECLASSIFY PROPERTIES FROM THE C -G (GENERAL COMMERCIAL) ZONE TO THE C -G (MU) (GENERAL COMMERCIAL, MIXED USE OVERLAY) ZONE- CONDITIONAL USE PERMIT NO- 2005 -05023 - REQUEST TO PERMIT A RESIDENTIAL /COMMERCIAL MIXED USE DEVELOPMENT- TENTATIVE TRACT MAP NO- 16784 - TO ESTABLISH A 5 -LOT, RESIDENTIAL SUBDIVISION- 1100 -1226 West Lincoln Avenue - Five Points RM' N {GN P C _ G ; N� GPR W P N '002 1988 DIAMOND ST LU RM-4 f RM4 --P Q w w VAR 2001 -04445 > > > 1 DU VAR 3755 O i APARTMENT 10 DU ,o- w R�L`65� 1 -6G -0 0 R S L59E0-0 CUP 720 SMSH =DU LINCOLN AVENUE —790' cis >� aE2n`� { aW n 5 4� Z pU Z pU D 111 T' Reclassification No- 2005 -00167 Subject Property Conditional Use Permit No- 2005 -05023 Date: September 19, 2005 Tentative Tract Map No- 16784 Scale: 1"=200' Requested By: DENNIS T- BERGER Q -S- No- 63 RECLASSIFICATION NO- 2005 -00167 - A CITY - INITIATED REQUEST TO RECLASSIFY PROPERTIES FROM THE C -G (GENERAL COMMERCIAL) ZONE TO THE C -G (MU) (GENERAL COMMERCIAL, MIXED USE OVERLAY) ZONE- CONDITIONAL USE PERMIT NO- 2005 -05023 - REQUEST TO PERMIT A RESIDENTIAL /COMMERCIAL MIXED USE DEVELOPMENT- TENTATIVE TRACT MAP NO- 16784 - TO ESTABLISH A 5 -LOT, RESIDENTIAL SUBDIVISION- 1100 -1226 West Lincoln Avenue - Five Points RM' N {GN P C _ G ; N� GPR W P N '002 1988 J 1 i' Date of Aerial Photo: May 2002 Reclassification No. 2005 -00167 Subject Property Conditional Use Permit No. 2005 -05023 Date: September 19, 2005 Tentative Tract Map No. 16784 Scale: 1"=200' Requested By: DENNIS T. BERGER Q.S. No. 63 RECLASSIFICATION NO. 2005 -00167 - A CITY - INITIATED REQUEST TO RECLASSIFY PROPERTIES FROM THE C -G (GENERAL COMMERCIAL) ZONE TO THE C -G (MU) (GENERAL COMMERCIAL, MIXED USE OVERLAY) ZONE. CONDITIONAL USE PERMIT NO. 2005 -05023 - REQUEST TO PERMIT A RESIDENTIAL /COMMERCIAL MIXED USE DEVELOPMENT. TENTATIVE TRACT MAP NO. 16784 - TO ESTABLISH A 5 -LOT, RESIDENTIAL SUBDIVISION- 1100-1226 West Lincoln Avenue - Five Points 1988 Staff Report to the Planning Commission September 19, 2005 Item No. 6 6a. CEQA NEGATIVE DECLARATION (Motion) 6b. RECLASSIFICATION NO. 2005 -00167 (Resolution) 6c. CONDITIONAL USE PERMIT NO. 2005 -05023 (Resolution) 6d. TENTATIVE TRACT MAP NO. 16784 (Motion) SITE LOCATION AND DESCRIPTION: (1) Area 7: This 1.8 -acre area consists of multiple properties west of the southwest corner of Lincoln Avenue and West Street, with a frontage of 440 feet on the south side of Lincoln Avenue and a maximum depth of 192 feet (1200 — 1226 West Lincoln Avenue — Five Points). Area 2: This 0.5 -acre area consists of multiple properties at the southwest corner of Lincoln Avenue and West Street, with a frontage of 354 feet on the south side of Lincoln Avenue and a maximum depth of 121 feet (1100 — 1108 West Lincoln Avenue — Five Points). REQUEST: (2) The applicant requests approval of the following: Reclassification No. 2005 -00167 — City- initiated request to reclassify Area 2 from the C -G (General Commercial) zone to the C -G (MU) (General Commercial; Mixed Use Overlay) zone, or less intense zone. Conditional Use Permit No. 2005 -05023 — City- initiated request to permit a residential /commercial mixed use development in Area 2 under authority of Code Section 18.32.040.0402. Tentative Tract Map No. 16784 — City- initiated request to establish a 5 -lot, detached single - family residential subdivision in Area 1. BACKGROUND: (3) Area 1 is developed with two vacant single - family homes of historical significance and is zoned RS -3 (Single Family Residential). The Anaheim General Plan designates Area 1 for Low Density Residential land uses. Area 2 is developed with a vacant, 2 -story, 7,000 square foot mixed use building and is zoned C -G (General Commercial). The Anaheim General Plan designates Area 2 for Mixed Use land uses. The properties to the north (across Lincoln Avenue) are designated for Mixed Use; the properties to the south are designated for Low Density Residential; and the properties to the east (across West Street) are designated for Mixed Use. (4) There are no prior zoning actions pertaining to this property. DEVELOPMENT PROPOSAL: (5) The applicant proposes to reclassify Area 2 from the C -G zone to the C -G (MU Overlay) zone in conformance with the Land Use Element of the General Plan in order to permit a residential /commercial mixed use development. SR- TTM16784ds Page 1 Staff Report to the Planning Commission September 19, 2005 Item No. 6 (6) The applicant also requests approval of a conditional use permit to permit a residential /commercial mixed use development within Area 2. The conceptual site plan (Exhibit No. 1) indicates the following information on the proposed 2 -story mixed use building: Total Floor Resid. Units I Prop. I Total Req. Setbacks I Rec. Leisure I Area 5,000 0.11 ac. Parking Parking 2 Area 7,000 s.f. 2 apts. 38 spaces 26 spaces No setbacks Common (4,000 1 sc floor 1 bed, 1 bath 4 (22 for retail along streets landscape lot at retail, 3,000 on 2"" floor, 027 and 4 for resid.) 81 eastern end 2"" floor resid. ) 1,500 s.f. ea. Modification to standards is allowed in order to achieve good project design, livability, and compatibility with surrounding uses, as outlined in Chapter 18.32 of the Zoning Code. (7) The tract map indicates the following subdivision information for the five proposed single family residential lots within Area 1: Lot No. Proposed Lot Area Code - Required Lot Area s.f. I Proposed Lot Frontage ft. Code - Required Lot Fronta a ft. 1 0.15 5,000 0.11 ac. 50 50 2 022 5 0.11 ac. 50 50 3 0.18 5,000 0.11 ac. 50 50 4 023 5,000 0.11 ac. 62 50 5 027 5,000 0.11 ac. 81 50 (8) The conceptual site plan indicates potential building footprint layouts for the proposed residential lots. The plan shows the detached houses with detached garages and accessory units located in the rear, and new driveways adjacent to Center Street. The plan does not show specific building setbacks or lot coverage for the proposed lots. Each parcel would need to comply with the RS -3 zone development standards, such as setbacks, lot coverage, open space, and parking, prior to the issuance of building or house relocation permits. Based on the conceptual building footprint layouts, it appears that the proposed lot sizes and configurations are adequate to accommodate future residential structures. (9) Floor, elevation, and landscape plans were not submitted with this application. Detailed architectural plans will be submitted to staff at a later date. As a recommended condition of approval, the applicant will be required to submit final detailed plans for Commission review. ENVIRONMENTAL IMPACT ANALYSIS: (10) Staff has reviewed the proposal and the Initial Study (a copy of which is available for review in the Planning Department) and finds no significant environmental impact and, therefore, recommends that a Negative Declaration be approved upon a finding by the Planning Commission that the Negative Declaration reflects the independent judgment of the lead agency; and that it has considered the proposed Negative Declaration together with any comments received during the public review process and further finding on the basis of the Initial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. Page 2 Staff Report to the Planning Commission September 19, 2005 Item No. 6 EVALUATION: (11) The Anaheim General Plan Land Use Element designates Area 1 for Low Density Residential land uses. The applicant proposes to establish a 5 -lot, detached single - family residential subdivision at a density of 2.8 dwelling units per acre consistent with the maximum density of 6.5 dwelling units per acre allowed by the Low Density Residential designation and is consistent with the type of housing envisioned for this area. The proposed subdivision would provide for ownership housing, in furtherance of the City's Housing Element goals. Moreover, due to the large size of the lots (6,600 to 11,600 square feet), there would be ample space to accommodate the future relocation and /or construction of historic single family homes in compliance with all applicable RS -3 zoning development standards including parking, setbacks, lot coverage, and open space. (12) The applicant requests a reclassification from the C -G to the C -G (MU) zone to permit residential /commercial mixed use development in Area 2. The request for a mixed use project and reclassification to the C -G (MU) would be in compliance with the Mixed Use land use designation in the General Plan. (13) The applicant also requests a conditional use permit to permit a residential /commercial mixed use development in Area 2. Mixed use projects are permitted in the C -G (MU) zone, subject to the approval of a conditional use permit under authority of Code Section 18.32.040.0402. The project would combine residential with non - residential uses in the same building as a means to create an active street life, enhance the vitality of businesses, and reduce the need for automobile travel. In addition, the project would provide additional housing options for residents who want to live near their workplace and /or near retail and other non - residential uses. Therefore, staff recommends approval of this conditional use permit request. (14) Modification to development standards are allowed in order to achieve good project design, privacy, livability, and compatibility with surrounding uses, as outlined in Code Section 18.32. Staff believes the proposed project would be compatible with existing and surrounding land uses and that the modifications from the Code allowed under the Mixed Use Ordinance (Chapter 18.32), would achieve a good mixed use project designed to preserve and enhance the historic character of the Five Points Historic District by restoring a historical resource important to the community within and around the project, and create a project that is compatible and consistent with surrounding land uses. Because the proposed use would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed, and because the size and shape of the site for the proposed use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area, staff recommends approval of the request as conditioned. (15) This is a Community Development Department (CDD) initiated request. CDD has submitted the attached memorandum indicating that this project would save the historic structures on Lincoln Avenue and Center Street, improve the Historic Five Points Block, promote the goals of the Five Points Historic District, and provide for new business and housing opportunities. A Disposition and Development Agreement has been executed between the Agency and Clean City's Inc. for the mixed use improvements for the Five Points Building. Page 3 Staff Report to the Planning Commission September 19, 2005 Item No. 6 FINDINGS: (16) Before the Commission grants any conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: (a) That the use is properly one for which a conditional use permit is authorized by the Zoning Code, or is an unlisted use as defined in Subsection .030 (Unlisted Uses Permitted) of Section 18.66.040 (Approval Authority); (b) That the use will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located; (c) That 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; (d) That the traffic generated by the use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and (e) That the granting 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. (17) "The State Subdivision Map Act (Government Code, Section 66473.5) makes it mandatory to include in all motions approving, or recommending approval of a tract map, a specific finding that the proposed Subdivision together with its design and improvement is consistent with the City's General Plan. (18) Further, the law requires that the Commission make any of the following findings when denying or recommending denial of a tract map: 1. That the proposed map is not consistent with applicable General and Specific Plans. 2. That the design or improvement of the proposed subdivision is not consistent with applicable General and Specific Plans. 3. That the site is not physically suitable for the type of development. 4. That the site is not physically suitable for the proposed density of development. 5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. That the design of the subdivision or the type of improvements is likely to cause serious public health problems. 7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision." �ij Staff Report to the Planning Commission September 19, 2005 Item No. 6 RECOMMENDATION: (19) Staff recommends that, unless additional or contrary information is received during the meeting, and based upon the evidence submitted to the Planning Commission, including the evidence presented in this staff report, and oral and written evidence presented at the public hearing, the Planning Commission take the following actions: (a) By motion, approve a Negative Declaration. (b) By resolution, approve Conditional Use Permit No. 2005 -05023 to permit a residential /commercial mixed use development in Area 2 by adopting the attached resolution including the findings and conditions contained therein. (c) By motion, approve Tentative Tract Map No. 16784 to establish a 5 -lot, detached single - family residential subdivision in Area 1. Page 5 [DRAFT] RESOLUTION NO. PC2005 - * *** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR RECLASSIFICATION NO. 2005 -00167 BE GRANTED (1100 — 1108 WEST LINCOLN AVENUE — AREA 2) WHEREAS, the Anaheim Planning Commission did receive a verified petition for Reclassification for real property situated in the City of Anaheim, County of Orange, State of California, described as follows: Legal Description to be inserted. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 19, 2005, at 2:30 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 reclassification 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 petitioner proposes reclassification of subject property from the C -G (General Commercial) zone to the C -G (MU) (General Commercial; Mixed Use Overlay) zone. 2. That the proposed reclassification would be implement the Mixed Use General Plan designation for the subject property. 3. That the proposed reclassification of subject properties is necessary and desirable for the orderly and proper development of the community. 4. That the proposed reclassification of subject properties does properly relate to the zones and their permitted uses locally established in close proximity to subject property and to the zones and their permitted uses generally established throughout the community. 5. That * ** indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim Planning Commission has reviewed the proposal to reclassify subject property from the C -G (General Commercial) zone to the C -G (MU) (General Commercial; Mixed Use Overlay) zone for Area 2; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby approve the subject Petition for Reclassification to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to exclude the above - described property from the C -G (General Commercial) zone and to include the property the property in the C -G (MU) (General Commercial; Mixed Use Overlay) zone, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of subject property in order to preserve the health and safety of the Citizens of the City of Anaheim: 1. That prior to introduction of an ordinance rezoning subject property, a preliminary title report shall be furnished to the Planning Services Division showing the legal vesting of title, a legal description and containing a map of the property. CR \PC2005- -1- PC2005- 2. That prior to placement of an ordinance rezoning subject property on an agenda for City Council consideration, Condition No. 1, above - mentioned, shall be completed. The City Council may approve or disapprove a zoning ordinance at its discretion. If the ordinance is disapproved, the procedure set forth in Anaheim Municipal Code Section 18.60.140 shall apply. The provisions or rights granted by this resolution shall become null and void by action of the Planning Commission unless said conditions are complied with within one (1) year from the date of this resolution, or such further time as the Planning Commission may grant. 3. That completion of these reclassification proceedings is contingent upon approval of Conditional Use Permit No. 2005 - 05023. 4. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the 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 conditions hereinabove set forth. Should any such conditions, 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 resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the subject property; any such rezoning shall require an ordinance of the City Council, which shall be a legislative act, which may be approved or denied by the City Council at its sole discretion. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 19, 2005. 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 PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -2- PC2005- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on September 19, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: 2005. IN WITNESS WHEREOF, I have hereunto set my hand this day of SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2005- [DRAFT] RESOLUTION NO. PC2005 * ** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2005 -05023 BE GRANTED (1100 — 1108 WEST LINCOLN AVENUE) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: Legal Description to be inserted. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 19, 2005, at 2:30 p.m., notice of said 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 conditional use permit; 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 proposed residential /commercial mixed use development is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section No. 18.32.030.040.0402. 2. That the proposed residential /commercial mixed use development as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which it is located because the site contains adequate parking for the residential and commercial portions of the project and separate ingress and egress and as such, reduces the potential for operational conflicts. 3. That the traffic generated by the residential /commercial mixed use development would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because no additional building area is proposed; rather a historically significant building would be restored on the property and reused for mixed use consisting of two residential units and ground floor commercial. 4. That granting of this conditional use permit, under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim. 5. That * ** indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim Planning Commission has reviewed the proposal to permit a residential /commercial mixed use development and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which 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 1 - That compact parking spaces shall not be permitted. Cr\PC2005- -1- PC2005- 2. That due to the change in use and /or occupancy of the building, plans shall be submitted to the Building Division showing compliance with the minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Mechanical and Fire Codes as adopted by the City of Anaheim. Said information shall be specifically shown on plans submitted for building permits. 3. That there shall be no public telephones on the premises located outside the building. 4. That plans shall be submitted to the Planning Services Division for review and approval showing conformance with the current versions of Engineering Standard Plan Nos. 436 and 470 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said approved plan. 5. That the parking lot serving the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Said information shall be specifically shown on plans submitted to the Police Department, Community Services Division for approval. 6. That any tree planted on -site shall be replaced in a timely manner in the event that it is removed, damaged or diseased, and /or dies. 7. That trash storage area(s) shall be maintained in location(s) acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable to adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one (1) gallon sized clinging vines planted on maximum three (3) foot centers, or tall shrubbery. Said information shall be specifically shown on plans submitted for Public Works Department, Streets and Sanitation Division approval. 8. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 9. That no required parking area shall be fenced or otherwise enclosed for outdoor storage use. 10. That if an alarm system is installed, a Burglary/Robbery Alarm Permit application, Form APD 516, shall be completed and submitted to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter. 11. That four (4) foot high rooftop address numbers shall be painted flat on the roof in contrasting color to the rooftop material and shall not be visible from ground level. Said information shall be specifically shown on plans submitted for building permits. 12. That a Fire Emergency Listing Card, Form APD -281, shall be completed and submitted to Police Department. The form is available at the Police Department front counter. 13. That final sign plans shall be submitted to the Planning Services Division for review and approval. Any decision by City staff may be appealed to the Planning Commission as a 'Reports and Recommendations" item. 14. That final site, floor, colored elevation, and landscape plans shall be submitted to the Planning Services Division and Community Development Department for Planning Commission review and approval as a "Reports and Recommendations" item. 15. That all backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to -2- PC2005- the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback areas in a manner fully screened from all public streets and alleys. Said information shall be shown on plans and approved by Water Engineering and Cross Connection Control Inspector before submittal for building permits. 16. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonment of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. 17. That all existing water services and fire lines shall conform to current Water Services Standards Specifications- Any water service and /or fire line that does not meet current standards shall be upgraded if continued use is 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. 18. That prior to submitting water improvement plans, the developer shall submit a water system master plan, including a hydraulic distribution network analysis, for Public Utilities Water Engineering review and approval. The master plan shall demonstrate the adequacy of the proposed on -site water system to meet the project's water demands and fire protection requirements. 19. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit No. 1, and as conditioned herein. 20. That approval of Conditional Use Permit No. 2005 -05023 is granted subject to approval of finalization of Reclassification No. 2005 - 00167, now pending. 21. That prior to issuance of a building permit, or prior to commencement of the activity authorized by this resolution, or within one (1) year from the date of this resolution whichever occurs first, Condition Nos. 2, 4, 5, 7, 11, 13, 14, and 15 above mentioned, shall be complied with. Extensions for further time to complete said conditions shall be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 22. That prior to final building and zoning inspections, Condition Nos. 10, 12 and 17, above mentioned shall be complied with. 23. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the 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 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. AND BE IT FURTHER RESOLVED that the property owner /developer 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, prior to the issuance of building permits or commencement of activity 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- -3- PC2005- THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 19, 2005. 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 PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 1, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on September 19, 2005, by the following vote of the members thereof: AYES: NOES: ABSENT: IN WITNESS WHEREOF, I have hereunto set my hand this day of 2005. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION 4- PC2005- September 19, 2005 Elisa Stipkovich Executive Director of Housing and Community Development 201 South Anaheim Boulevard, 1 d Floor Anaheim, CA 92805 Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of September 19, 2005. 6a. CEQA Negative Declaration 6b. Reclassification No. 2005.00167 6c. Conditional Use Permit No. 2005.05023 6d. Tentative Tract Map No. 16784 Owner: Dennis T. Berger, 5113 Bluebell Avenue, North Hollywood, CA, 91607 Agent: Elisa Stipkovich, Anaheim Redevelopment Agency, 201 South Anaheim Boulevard, 1& Floor, Anaheim, CA 92805 Location: Area 7: This 1.8 -acre area consists of multiple properties west of the southwest corner of Lincoln Avenue and West Street, with a frontage of 440 feet on the south side of Lincoln Avenue and a maximum depth of 192 feet (1200 —1226 West Lincoln Avenue — Five Points). Area 2: This 0.5 -acre area consists of multiple properties at the southwest corner of Lincoln Avenue and West Street, with a frontage of 354 feet on the south side of Lincoln Avenue and a maximum depth of 121 feet (1100 —1108 West Lincoln Avenue — Five Points Reclassification No. 2005 -00167 — City- initiated request to reclassify Area 2 from the C- G (General Commercial) zone to the C -G (MU) (General Commercial; Mixed Use Overlay) zone, or less intense zone. Conditional Use Permit No. 2005 - 05023 —City- initiated request to permit a residential /commercial mixed use development in Area 2. Tentative Tract Map No. 16784 City- initiated request to establish a 5 -lot, detached single - family residential subdivision in Area 1. Commissioner * * *** ** offered a motion, seconded by * *** ** and MOTION CARRIED, that the Anaheim Planning Commission has reviewed the proposal to establish a 5 -lot, detached single - family residential subdivision in Area 1 and does hereby approve the Negative Declaration upon a finding that the declaration reflects the independent judgment of the lead agency; and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the Initial Study and comments received that there is no substantial evidence that the project will have a significant effect on the environment. Commissioner * * ** offered a motion, seconded by * * * *** and MOTION CARRIED, that the Anaheim Planning Commission does hereby determine that the proposed tentative map, including its design and improvements, is consistent with the Anaheim General Plan, and does therefore approve Tentative Tract Map No. 16784, to establish a 5 -lot, detached single - family residential subdivision in Area 1, subject to the following conditions 1 - That the final map shall be submitted to and approved by the City of Anaheim and the Orange County Surveyor and then shall be recorded in the Office of the Orange County Recorder (Subdivision Map Act, Section 66499.40). 2. That a portion of Center Street shall be abandoned and an easement retained for park purposes. 3. That all units shall be assigned street addresses by the Building Division. Street names for any new public or private street (if requested by the developer or required by the City) shall be submitted to and approved by the Building Division. 4. That the sewer connection and mitigation fees shall be paid. 5. That the property owner shall irrevocably offer to dedicate to the City of Anaheim, on the Final Map, an easement for the Center Street cul -de -sac road, public utility and other public purposes. Landscaping and irrigation for the dedication area shall be maintained by the property owner. 6. That the property owner /developer shall provide the City of Anaheim with a public utilities easement to be determined as electrical design is completed 7. That approval of this tract map is granted subject to the approval of Reclassification No- 2005-00167, now pending. 8. That prior to final parcel map approval, Condition Nos. 1, 2, 4, 5, 6 and 7, above - mentioned, shall be complied with. 9. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. Sincerely, Eleanor Morris, Senior Secretary Anaheim Planning Commission TTM16784- Excerpt Attachment - Item No. 6 Background The Five Points Block was acquired as part of the Lincoln Avenue street widening project to save the historic structures on Lincoln Avenue and Center Street. The Anaheim Redevelopment Agency has been working on improving the Historic Five Points Block, located on the southern side of Lincoln Avenue between Interstate 5 Freeway and West Street. Concurrently, resident's requested that the area be deemed historic due to the neighborhood's vast inventory of architecturally significant residential structures and key historic landmarks, such as the Five Points Building. Therefore, in 2004 the City Council established the Five Points Historic District. The Historic Five Points Block improvements will consist of two separate developments 1) residential development and 2) mixed -use and historic preservation improvements. Redevelopment and re -use of the site, will provide for aesthetic improvements, preservation of historic structures, new business and housing opportunities. The Agency plans to extend a Request For Proposals (RFP) to various developers for the residential improvements. A Disposition and Development Agreement has been executed between the Agency and Clean City's Inc. for the mixed use improvements for the Five Points Building. Planning Action The improvements will require approval by the Planning Commission. The residential improvements include Tentative Tract Map Application No. 16784, a request to create a 5 residential subdivision at the west end of the Five Points Block. The mixed use improvements will include Zoning Reclassification No. 2005 - 00167, a request to reclassify certain properties from C -G (General Commercial) to the MU (Mixed Use Overlay) zone. In addition, Conditional Use Permit No. 2005 - 05023, is a request to permit a residential /commercial mixed use development. Project Description The mixed use project will allow for the rehabilitation of the historic Five Points Building to its original use as a mixed -use structure (residential /commercial), accommodating two loft style units on the second floor and ground floor retail /restaurant space with adjacent parking to the west of the site. The parking area will provide 39 parking spaces that will serve business patrons and residents of the building. As part of the mixed use improvements, "The Landscaped Parcel" located at the southwest corner of Lincoln Avenue and West Street, will be refurbished with new plant material. The residential project will consist of construction of 3 new single family homes and restoration of 2 historic homes. The applicant is proposing five residential lots which will consist of single family dwellings and two car garages. Carriage units above the two car garages are also anticipated as part of this project. The proposed size of each new home constructed will be approximately 2,200 s.f. and 600 s.f. carriage units. The existing homes will be renovated per historic standards and modified with additions. Each home will have an additional parking space adjacent to the garage. F DOCSDEVSVCS�OS\S 590A5 pomtS Site Description The 2.3 acre site currently lacks site improvements. As part of the proposed project, the entire site will be lushly landscaped and several street improvements are proposed, including new sidewalks, drive approach aprons, driveways, etc. "The Landscaped Parcel" at the corner of Lincoln Avenue and West Street, will be refurbished with landscaping consistent throughout the project site. F_`D0051D &VSVCS`M MOS\SR 5909A5 pnmtDOC ITEM NO. 1 -A VAR2232 vrrrt 1 ao vr�rt 1 68 DU 68 DU z FAIRWOOD MANOR F- RETIREMENT CENTER p Di OL J G CG U Uz 157 5 RCL 59-6052 C -G UU) z C -G g 2695 CUP 495 RCL 56 -57 -41 918 VAR 1 147 S CUP 2220 U RCL 56 -57 -41 W O ;. g CUP 910 LINCOLN -DALE VAR 3702 L MKTPLAZA SHOPPING CTR. SMALL SHOPS } RESTAURANT U SMALL SHOPS O LIQUOR STORE LINCOLN AVENUE I � 670' --P4- 125' _ cc 2812 C-G GG 6364100 U R(CLH P) 0 RCL RCL CUP 4111 CUP fi061 -1W MET MET YS T1-T2 -40 CUP 2904 5960 - 53 2 W 4 �g T MOBILE CUP 2033 CUP 340 BOB'S ANAHEIM ANAHEIM NATIONAL VAR 2043 (CUP 3933) HOME PARK CUP240 ADJ 0158 vm N o v } RN RCL 69 W BURGERS INN BUDDHIST MOBILE GO O J Not 6 MW RCL 62 460 TEMPLE HOME PARK RP20C66TW21 W U ~ O °o� VAR 1 -12 g� 6 TLU�P02o0S OL T MHP UP P648 W T -COP 2003- RCL 86 -87 -32 RCL 56 -57 -62 zo } QU W a D1Z UU Q VAR 7870 04803 VAR 3654 ZJ ~� OUP2002 - POOL HARBOR VILLAGE Q¢ W TCUUP Z J 64310 APTS. WU Q T (MHP) CUP 1043 111 DU g VACANT RCL 82 -83 -28 CUP 2033 (CUP 3%) LIN g O CUP 35 MOTEL U WESTERN SKIES 3 MOBILEHOME ESTATES SEVEN - 193 6 ELEVEN TRAVEL RSA TRAILER PARK ' 43,000 16 1 DO 3 T(MHP) RCL 87 -8843 1 T CARBON CREEK CHANNEL L I RS-2 / I I V 1978 RS -2 T SOUTHERN CALIFORI\ TOLAAVE I �� TO I I LAAV I� (E ��II EDISON EASEMENT RS -2 Q I , ,�„ L I 1 I I Conditional Use Permit No- 2005 -05021 Subject Property Date: September 19, 2005 Scale: 1"=200' Requested By: SUITES O WEEKLY Q -S- No- 20 REQUEST TO PERMIT AND RETAIN AN EXISTING LEGAL, NON - CONFORMING MOTEL_ 2748 West Lincoln Avenue 1987 0 M r l� 1 i_ U l � lib 1 e rt Date of Aerial Photo: May 2002 Conditional Use Permit No. 2005 -05021 Subject Property Date: September 19, 2005 Scale: 1" = 200' Requested By: SUITES O WEEKLY Q.S. No. 20 REQUEST TO PERMIT AND RETAIN AN EXISTING LEGAL, NON - CONFORMING MOTEL. 2748 West Lincoln Avenue 1987 W -• Jl Staff Report to the Planning Commission September 19, 2005 Item No. 7 7a. CEQA CATEGORICAL EXEMPTION —CLASS 1 (Motion) 7b. CONDITIONAL USE PERMIT NO. 2005 -05021 (Resolution) SITE LOCATION AND DESCRIPTION: (1) This rectangularly- shaped, 1.7 -acre property has a frontage of 125 feet on the south side of Lincoln Avenue, a maximum depth of 590 feet and is located 670 feet east of the centerline of Dale Avenue (2748 West Lincoln Avenue — Lincoln Inn). REQUEST: (2) The applicant requests approval of a conditional use permit under authority of Code Section 18.08.030.040.0402 to permit an existing legal non - conforming motel- BACKGROUND (3) This property is developed with a 117 -unit, 3 -story motel and is zoned C -G (General Commercial). The Anaheim General Plan designates this property for Low Medium Density Residential land uses. The properties to the south, east and west are also designated for Low Medium Density Residential land uses and the properties to the north are designated for Corridor Residential land uses. This property is located within the Merged Redevelopment Project Area. PREVIOUS ZONING ACTIONS: (4) The following zoning actions pertain to this property: (a) Conditional Use Permit No. 2002 -04622 (to convert an existing 117 -unit motel (Lincoln Inn) to an 84 -unit "affordable" senior citizen's apartment complex (Cherry Orchard) with a density bonus and waivers of minimum number of parking spaces, minimum landscaped setback abutting an arterial highway, minimum building site area per unit, minimum floor area per unit and maximum density bonus) was approved by the City Council on January 14, 2003, following approval by Planning Commission on November 18, 2002. On August 8, 2005, the Planning Commission approved a time extension for this permit to expire January 14, 2006. (b) Conditional Use Permit No. 1043 (to permit a 129 -unit, 3 -story motel with waiver of maximum structural height) was approved by the City Council on September 3, 1968, following Commission approval on July 15, 1968. On November 22, 1999, the Commission considered revocation or modification proceedings at the request of the Code Preservation Division and the Police Department. The Commission added conditions of approval including a length of stay limitation and approved the permit for six months to expire on May 22, 2000. The petitioner appealed the Commission's decision to the City Council pertaining to the length of stay limitation. On January 25, 2000, the Council upheld the Commission decision and approved the permit to expire on July 25, 2000. On March 7, 2000, the Council denied the applicant's request for rehearing. On March 21, 2000, the City Council directed staff to place on Commission's agenda the initiation of a public hearing for this motel in order to determine compliance with conditions of approval and to consider modifying conditions including the 30 -day in 90 -day occupancy limitation. The action was one of a number of recommendations formulated for City Council consideration by the City's Motel Task Force. On May 22, 2000, the Commission reinstated and approved this permit to expire January 15, 2001, with amended conditions of approval. On January 17, 2001, the Commission denied Page 1 Staff Report to the Planning Commission September 19, 2005 Item No. 7 the request to reinstate this permit and no further action was taken by City Council. On February 27, 2001, following an appeal by the applicant, City Council appointed a hearing officer to hear the appeal of the Commission's decision. On April 26, 2001, and June 6, 2001, a public hearing was held before the hearing officer and on August 1, 2001, the hearing officer recommended that City Council deny the appeal and uphold the Commission's decision to deny the reinstatement of this permit. On August 21, 2001, the City Council on appeal, denied the request for reinstatement of this permit and upheld the decision of the Commission as recommended by the hearing officer. This motel is therefore, currently operating without benefit of a conditional use permit- PROPOSAL (5) The applicant is proposing to permit and retain an existing, 117 -unit motel. The submitted site plan (Exhibit No. 1) indicates the motel contains two (2) separate buildings with parking along the east property line and within carports adjacent to the buildings. No new construction is proposed. Photograph of existing motel from Lincoln Avenue (6) Vehicle access is provided by two (2) driveways from Lincoln Avenue. The easterly driveway provides access to the open parking spaces along the east property line, carports adjacent to the east building elevation and two additional spaces located near the main entrance. A total of 96 parking spaces are provided for motel guests (?D open parking spaces and 26 spaces within carports). Code requires a minimum of 94 parking spaces based on 0.8 spaces per guest room (0.8 spaces x 117 guest rooms = 94 parking spaces). (7) The site plan indicates an existing 10 -foot wide landscaped setback adjacent to Lincoln Avenue consisting of three (3) flowering Cherry trees and Juniper groundcover. Code requires a 15 -foot landscaped setback adjacent to Lincoln Avenue with a total of six (6) trees based on one (1) tree per 20 feet of street frontage. The site plan does not indicate any additions to the existing landscape areas. Page 2 Staff Report to the Planning Commission September 19, 2005 Item No. 7 (8) Sign plans were not submitted as part of this application. Site inspections and building permit records indicate an existing non - conforming freestanding changeable copy sign along Lincoln Avenue. Any new signage must comply with Code requirements for the C -G Zone unless a separate variance is applied for and granted by the Commission. Code permits wall signage not to exceed 10 percent of each building elevation or 200 square feet, whichever is less with a letter height not to exceed 24 inches. (9) The submitted letter of operation indicates that this motel currently accommodates daily stays, but also provides the option for extended stays for families and individuals. The rental office operates from 8 a.m. to 10 p.m., Monday through Friday and 9 a.m. to 8 p.m., Saturday and Sunday. A maintenance supervisor is on -call 24 hours a day, the property employs three (3) full -time housekeepers, and a security guard monitors the property from 6 p.m. to 2 a.m. Monday through Thursday and 6 p.m. to 6 am. on Friday, Saturday and Sunday. (10) The applicant also provided a letter indicating that the purpose for this request is to obtain funding for a future affordable housing project. Within 36 months, the applicant intends to convert this motel into permanent, intergenerational housing with approximately 76 rental units. Implementation of this future plan would require a new public hearing, but according to the applicant, funding for this project would not be possible without a conditional use permit for the existing motel. ENVIRONMENTAL IMPACT ANALYSIS: (11) The Planning Director's authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing Facilities), as defined in the State CEQA (California Environmental Quality Act) Guidelines and is, therefore, categorically exempt from the preparation of further environmental documentation- EVALUATION (12) Code permits motels in the C -G Zone subject to approval of a conditional use permit. (13) This motel has been operating at this location since 1969, but the request to reinstate the conditional use permit was denied in 2001. Plans to convert this motel to an affordable housing project requires the entitlement of the existing motel in order to obtain funding. Staff inspections have confirmed that the property is currently being properly maintained. Since this request to permit the existing motel is intended to obtain financing for a future affordable housing project, staff recommends approval of this request for a period of two (2) years. (14) The Police Department has submitted the attached memorandum dated September 1, 2005 indicating the calls for police services to this motel from 2003 to present. In 2003, there were 184 calls for service and 55 reports generated; in 2004, there were 166 calls for service with 52 reports generated; in 2005 (from January 1st to June 30th) there were 88 calls for service with 28 reports taken. The Police Department is supportive of this conditional use permit request since it is necessary for the future conversion of this motel to an affordable housing project. Page 3 Staff Report to the Planning Commission September 19, 2005 Item No. 7 FINDINGS: (15) Before the Planning Commission grants any conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: (a) That the proposed use is properly one for which a conditional use permit is authorized by this code, or is an unlisted use as defined in Subsection .030 (Unlisted Uses Permitted) of Section 18.66.040 (Approval Authority); (b) That the use will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located; (c) That the size and shape of the site proposed for use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor or to health and safety; (d) That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and (e) That the granting 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. RECOMMENDATION: (16) Staff recommends that, unless additional or contrary information is received during the meeting, and based upon the evidence submitted to the Commission, including the evidence presented in this staff report, and oral and written evidence presented at the public hearing, the Commission thake the following actions: (a) By motion, determine that the project is Categorically Exempt under Section 15301. Class 1 (Existing Facilties) of the CEQA Guidelines. (b) By resolution, approve the petitioner's request to permit an existing legal non- conforming motel by adopting the attached resolution including the findings and conditions contained herein. Page 4 [DRAFT] RESOLUTION NO. PC2005 - * ** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2005 -05021 BE GRANTED (2748 WEST LINCOLN AVENUE) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THE WEST 125.00 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 54, PAGE11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THE NORTH 66 FEET, AS CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED IN BOOK 4031, PAGE 163, OFFICIAL RECORDS WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 19, 2005 at 2:30 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. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section No. 18.08.030.040.0402: to permit an existing legal non - conforming motel. 2. That the request to retain the existing motel is an interim measure to allow financing for an affordable housing project on this site. 3. That the proposed use, as conditioned herein, will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. A Police Department memorandum dated September 1, 2005, indicates the calls for police services to this motel have steadily decreased from 2003 to present, and that this interim approval is necessary for the future conversion of this motel to an affordable housing project. 4. That the size and shape of the site for the existing motel is adequate to allow the continued operation of an existing motel in a manner not detrimental to the particular area nor to the public health and safety because the property is of adequate size and shape to accommodate the use. 5. That granting this conditional use permit, under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim. 6. That * ** indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. cr\PC2005- -1- PC2005- CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING The Planning Director's authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1, (Existing Facilities) of the State of California 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 grant subject Petition for Conditional Use Permit, upon the following conditions which 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: 1. That this permit shall expire in two (2) years, on September 19, 2007. 2. That no banners or other advertising shall be displayed; and that no special event permits shall be issued for this business. 3. That the proposal shall comply with all sign regulations of the C -G (General Commercial) Zone unless a variance allowing sign waivers is approved by the Planning Commission. All signage shall be subject to review and approval by the Planning Services Division. Any decision regarding such signs may be appealed to the Planning Commission as a'Reports and Recommendations' item. 4. That no required parking area shall be fenced or otherwise enclosed or used for outdoor storage. 5. That any proposed ground or roof - mounted mechanical equipment shall be subject to the requirements of Anaheim Municipal Code. Said information shall be specifically shown on plans submitted for building permits. 6. That the locations for future above - ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on plans submitted for building permits. Plans shall also identify the specific screening treatments of each device for existing and proposed devices (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to the review and approval of the appropriate City departments. 7. That gates shall not be retained or installed across any driveway in a manner which may adversely affect vehicular traffic in the adjacent public street. Installation of any gates shall conform to Engineering Standard Plan No. 609 and shall be subject to the review and approval of the City Traffic and Transportation Manager. 8. That an on -site trash truck turn around area shall be maintained per Engineering Standard Detail No. 610 and shown on plans as required by the Department of Public Works, Streets and Sanitation Division. 9. That all requests for new water service or fire lines, as well as any modifications, relocations, or abandonment of existing water services and fire lines, shall be coordinated through the Water Engineering Division of the Anaheim Public Utilities Department. 10. That trash storage areas shall be provided and maintained in locations acceptable to the Public Works Department, Streets and Sanitation Division and in accordance with approved plans on file with said Department. The walls of the storage areas shall be protected from 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. 11. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division for review and approval- -2- PC2005- 12. That the legal property owner shall submit an application for a Subdivision Map Act Certificate of Compliance to the Public Works Department, Development Services Division. A Certificate of Compliance or Conditional Certificate of Compliance shall be approved by the City Engineer and recorded in the Office of the Orange County Recorder. 13. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 14. That the parking lot serving the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the windows of nearby residences. 15. That the property owner shall pay the cost of random Community Preservation Division inspections (not to exceed twice a year). If any such inspections indicate that the property is not in compliance with any conditions of approval, the property owner shall also pay the costs of any additional Community Preservation inspections until the subject property is brought into compliance. 16. That cooking facilities may be included in the guest rooms provided that such facilities shall be hard wired (microwaves excepted) and shall comply with all applicable building codes, including provisions for proper venting. No portable hot plates or similar cooking devices shall be permitted in the guest rooms. 17. That smoke alarms shall be hard -wired (rather than battery operated) in the guest rooms, and shall be operable and maintained in good working order at all times. 18. That the owner /manager shall maintain a complete guest registry or guest card system which includes the full name, address, verified driver's license or legal identification and vehicle registration number of all registered guests, date of registration, length of stay, and room rates; and that said registry or guest card system shall be made available upon demand by any police officer, Community Preservation officer, or license inspector of the City of Anaheim during reasonable business hours. 19. That every occupied guest room shall be provided with daily maid service. 20. That the owner and /or management shall not knowingly rent or let any guest room to a known prostitute for the purposes of pandering, soliciting or engaging in the act of prostitution, or any person for the purpose of selling, buying, or otherwise dealing, manufacturing or ingesting an illegal drug or controlled substance; or for the purpose of committing a criminal or immoral act. 21. That no guest room shall be rented or let to any person under eighteen (18) years of age, as verified by a valid driver's license or other legal identification. 22. That all available room rates shall be prominently displayed in a conspicuous place within the office area, and that the properly owner and /or motel management shall comply with the provisions of Section 4.09.010 of the Anaheim Municipal Code pertaining to the posting of room rates. 23. That the property owner and /or motel management shall comply with the provisions of Section 2.12.020 of the Anaheim Municipal Code pertaining to the operator's collection duties of transient occupancy taxes. 24. That this property and these buildings and accessory structures shall be maintained in compliance with the statutes, ordinances, laws or regulations of the State of California, as adopted by the City of Anaheim, including the Uniform Building Code, Uniform Housing Code, Uniform Fire Code, Uniform Plumbing Code, National Electric Code, and Uniform Mechanical Code- -3- PC2005- 25. That a statement shall be printed on the face of the guest registration card to be completed by each guest when registering, advising that the register is open to inspection by the Anaheim Police Department or other City of Anaheim personnel for law enforcement purposes. 26. That any on -site tree planted on -site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and /or dead. 27. That no pay telephones shall be located outside of the motel building. 28. That no vending machines shall be visible from the public right-of-way- 29 That the owners of the motel shall meet quarterly with officers from the West Community Policing Team to actively promote crime prevention activities. 30. That subject property shall be developed and maintained substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit No-1, and as conditioned herein. 31. That within a period of six (6) months from the date of this resolution, Condition Nos. 5, 6, 11, 12 and 30, above - mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 32. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT 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 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 commencing the activity authorized by this permit, 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 September 19, 2005. 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 PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2005- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on September 19, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of , 2005. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -5- PC2005- City of Anaheim Attachment - Item No. 7 POLICE DEPARTMENT Special Operations Division To: Amy Vazquez, Planning Department From: Officer Steve Roberson, Planning & Research . rep Date: September 1, 2005 RE: LINCOLN INN CALLS - FOR - SERVICE STATISTICS Below are the calls- for - service (CFS) statistics for the Lincoln Inn, 2748 W. Lincoln Ave. for the time period of 01 -01 -03 to 06- 30 -05. These statistics were collected by Officer Mark Lillemoen from our West District Community Policing Team. Lincoln Inn 2748 W. Lincoln Ave 116 Units 1 security guard that lives on site K111$? Calls for service 184 Calls cancelled prior to arrival 17 Officer initiated calls 28 Arrests 19 Reports (including arrests) 55 Wily! Calls for service 166 Calls cancelled prior to arrival 10 Officer initiated calls 27 Arrests 21 Reports (including arrests) 52 Jan 1st. 2005 throuah June 30th. 2005 Calls for service 88 Calls cancelled prior to arrival 9 Officer initiated calls 6 Arrests 12 Reports (including arrests) 28 Statistics notwithstanding, given the owners intention to convert this property to low- income rental housing combined with their six -month permit request, the Police Department Planning & Research Unit supports the reinstatement at this time. Anaheim Police Dept. 425 S. Harbor Blvd. Anaheim, CA 92805 TEL 714.765.1401 FAX 714.765.1665 Item No. 7 17. Letter of Operation Marketing and Rental The motel will accept daily guests but will focus on accommodating individuals and families who desire to pay a weekly rate and stay for an extended period of time. The owner will determine, on a case -by -case basis, whether to rent daily or weekly to a prospective guest, or to offer an extended period of occupancy. Where a longer stay is indicated, the owner will sign a Qualifying Rental Agreement per City of Anaheim Municipal Code Chapter 2.12.005.070, which Agreement will exempt the rental transaction from transient occupancy tax. The owner will publicize the property among public and private social service agencies in north Orange County and might advertise in the Orange County Register and/or other local newspapers. All rentals will occur on site. The property s rental office will be open approximately 8:00 a.m. to 10:00 p.m. Monday through Friday and approximately 9:00 a.m. to 8:00 p.m. on Saturday and Sunday. Maintenance The property will employ a full -time Maintenance Supervisor who will be on call 24 hours a day. Repairs and maintenance will be performed by additional maintenance employees and /or by contractors. Housekeeping The property will employ a housekeeping staff consisting of three full -time persons. Common areas will be kept broom clean and free of debris. Rooms will be cleaned, including a change of bed linens, upon each change of occupancy and weekly for longer -term guests. Security The property will employ a roving watchman to during the hours of 6:00 p.m. to 2:00 a.m. Monday through Thursday, and 6:00 p.m. to 6:00 a.m. on Friday, Saturday, and Sunday (continuing to 6:00 a.m. Monday morning). The parking lot is gated. P NO 2005 - 0 5 2 1 Item No. 7 2. Project Description Immediate uses A kitchenette motel consisting of 117 guestrooms, plus a manager's apartment, registration lobby and office, guest laundry room, housekeeping laundry and storage, satellite television, mechanical enclosures (e.g., water heater shed), trash enclosures, maintenance shops and storage, and community room. The property was constructed with two elevators, but they are inoperable and closed to access. Not more than 6 guestrooms will be used for maintenance storage and/or social service and counseling offices for residents. In addition, trailers or modular buildings totaling not more than 1,040 square feet in the aggregate might be placed on site to accommodate health, education, or other social service programs, Not more than twice each month, the Applicant might sponsor day -long "fairs" on the property for the purpose of promoting education, employment, health, housing, and (other) social services to guests of the property. Future uses (not the subject of this application) In 2003, the Applicant has received a Conditional Use Permit to convert the property to 84 units of Senior Citizens Rousing; a request to extend the time to satisfy the conditions has been submitted. That extension is essential to the Applicant's ability to finance the purchase of the property. The Community Development Department's commitment to an affordable housing loan for that plan has expired. The Applicant has been working with the Community Development Department on a new plan that will include family housing. Within 36 months, the Applicant intends to convert the property to permanent, intergenerational, affordable housing. The Applicant presently anticipates an apartment community of 76 units, including 53 studio apartments and 3 two- bedroom apartments for senior citizens, 16 two - bedroom apartments and 6 studio apartments for families, and a manager's apartment. The implementation of that plan will involve an amendment to the City's General Plan, a re- zoning to residential use, and a conditional use permit for the senior citizens housing. GP NO. 2005.0532