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PC 2003/07/28CITY OF ANAHEIM PLANNING COMMISSION AGENDA JULY 28, 2003 Council Chambers, City Hall 200 South Anaheim Boulevard, Anaheim, California COMMISSIONS JERRY O CALL TO ORDER • STAFF U ~:- GAIL EASTMAN; PAUL'BOSTWICK,"DAVID ROMERO, >NNELL, CECILIA-F,L'ORES; (ONE VACANT SEAT) ~, .i n ~r.~ :~ nfiflISSION IIAORNING SESSION 19:OOrA.I~i. TO`COMMISSION ON VARIOUS CITY fS=AND ISSUES (AS REQUESTED BY NIV)ISSION)~~ ~ ,; PLAN REVIEW FOR_ITEMS ON THE JULY'28, 2003 AGENDA RECESS TO RECONVENE TO PUBI For record keeping'pu complete a speakel`c~ PLEDGE OF ALLEGIAI PUBLIC COMMENTS CONSENT CALENDAR dG.SESSfON male a statement Peg~`rdfng-.any item on the agenda, please esecretary.`- FE r _. ;i~. _. ,. . __ _. ~~ i `,i PUBLIC HEARING ITEMS ,_ ~_ ^- ~. ADJOURNMENT 07-28-03 Page 1 RECONVENE TO PUBLIC HEARING AT 1:30 P-M. ITEMS OF PUBLIC INTEREST: Oath or Affirmation of Allegiance: New Planning Commissioner -Cecilia Flores. PUBLIC COMMENTS: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or public comments on agenda items with the exception of public hearing items. CONSENT CALENDAR: Item 1-A through 1-H 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. A. (a) (b) Russell Miller, Anaheim Hills Racquet Club, 415 South Anaheim Hills Road, Anaheim, CA 92807, requests a retroactive extension of time to comply with conditions of approval for expansion to an existing tennis club with the sales of food and beverages (including alcoholic beverages). Property is located at 415 South Anaheim Hills Road (Anaheim Hills Racquet Club). B. (a) CONDITIONAL USE PERMIT NO. 2002.04647 {TRACKING NO. CUP2003-04734) Tap Van Phi, 1643 West Cerritos Avenue, Anaheim, CA 92802, requests termination of Conditional Use Permit No. 2002-04647 Property is located at 1643 West Cerritos Avenue. - TERMINATION RESOLUTION NO. C. (a) CONDITIONAL USE PERMIT NO. 766 (TRACKING NO. CUP2003-047351 Luis Diaz, 1026 West Lincoln Avenue, Anaheim, CA 92805, requests termination of Conditional Use Permit No. 166. Property is located at 1022 and 1024 West Lincoln Avenue. TERMINATION RESOLUTION NO. Project Planner: (ioramirez ananaheim.net) sr5023jr.doc O.S. 192 Project Planner: (eva m b a o Cad a n a h e i m .net) sr3035ey.doc O. S. 56 Project Planner: (eva mbaot~ an a heim. net) sr3036ey.doc O. S. 63 07-28-03 Page 2 D. (a) E. (a) John Beck, County of Orange HCA, 405 West 5'" Street, Room 610, Santa Ana, CA 92701, requests determination of conformance with the Anaheim General Plan to enter into a Donated Space Agreement to establish a Women, Infants, and Children (WIC) Program clinic in an existing building at Manzanita Park Community Center. Property is located at 1260 North Riviera Street. Thurman Hodges, County of Orange HCA, 405 West 5'" Street, Room 610, Santa Ana, CA 92701, requests determination of conformance with the Anaheim General Plan to enter into a Donated Space Agreemenfto establish a Women, Infants, and Children (WIC) Program clinic in an existing building at Hermosa Village Community .Center. Property is located at 1515 South Michelle Drive. F. (a) G. H. Thurman Hodges, County of Orange, 405 West 5"' Street, Room 610, Santa Ana, CA 92701, requests determination of conformance with the Anaheim General Plan to extend lease terms in an existing commercial building to continue operation of the Women, Infants and Children (WIC) Program. Property is located at 2137 East Ball Road. Receiving and approving the Minutes from the Planning Commission Meeting of June 30, 2003. (Motion) Receiving and approving the Minutes from the Planning Commission Meeting of July 14, 2003. (Motion) Project Planner: (iwhiteCa~anaheim. net) sr1147tw.doc Q.S. 60 Project Planner: ((white a~anaheim.net) sr1146tw.doc Q.S. 66 Project Planner: (twhite(alanaheim:neO sr1145iw.doc Q.S. 115 07-28-03 Page 3 PUBLIC HEARING ITEMS: 2a. CEQA CATEGORICAL EXEMPTION -CLASS 1 2b. WAIUER OF CODE REQUIREMENT 2c. CONDITIONAL USE PERMIT NO. 2001-04435 (TRACKING NO. CUP2003-04712) OWNER: Palmall Properties Inc., 1428 West Bay Avenue, Newport Beach, CA 92661 AGENT: Louis Garret, Fat Daddy's Auto Spa, 900 West Lincoln Avenue, Anaheim, CA 92806 LOCATION: 900 West Lincoln Avenue. Property is approximately 0.58-acre, located at the southwest corner of Lincoln Avenue and Ohio Street (Fat Daddy's Hand Auto Spa & Chicago Eatery). Request to amend or delete conditions of approval for apreviously- approved carwash with accessory take-out fast food service and to permit a modular office trailer with waiver of minimum number of parking spaces.` 'Subsequent to this item being advertised, the petitioner revised the request to delete the accessory take-out food service, modular office trailer and parking waiver. Continued from the June 16, June 30 and July 14, 2003, Planning Commission Meetings. CONDITIONAL USE PERMIT RESOLUTION NO. 3a. CEQA CATEGORICAL EXEMPTION -CLASS 1 3b. CONDITIONAL USE PERMIT NO.931 (TRACKING NO. CUP2003-04729) OWNER: Shana Arastoo, 10 Hillgrass, Irvine, CA 92612 AGENT: Carlos Negrete, 27422 Calle Arroyo, San Juan Capistrano, CA 92675 LOCATION: 1652 West Broadway. Property is approximately 0.42- acre, having a frontage of 90 feet on the south side of Broadway, located 815 feet east of the centerline of Euclid Street (Royal Health Care). Request reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on June 18, 2001 to expire June 18, 2003) to retain a board and care facility for mentally disabled adults. CONDITIONAL USE PERMIT RESOLUTION NO. Project Planner: (ioramirez(a anaheim.net) sr5027jr.doc Q.S. 62 Project Planner: (cwaoner(a~anaheim. net) sr1122cw.doc Q.S. 54 07-28-03 Page 4 4a. 4b. 5a. Sb. 5c. OWNER: Sidney E. Bickel, 5585 Via Dicha #B, Laguna HiIIs, CA 92653 AGENT: Phillip R. Schwartze, The PRS Group, 31662 EI Camino Real, San Juan Gapistrano, CA 92675 LOCATION: 633 South East Street. Property is approximately 1.9 acres, having a frontage of 240 feet on the west side of East Street, located 182 feet north of the centerline of South Street (Quartz Dealer Direct). Request reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on February 11, 2002 to expire March 1, 2003) to retain an automobile wholesale and retail auction facility. CONDITIONAL USE PERMIT RESOLUTION NO. 2003-00012 OWNER: Jerry O'Donnell, Richter Farms Trust, 5505 Garden Grove Boulevard, Suite 105, Garden Grove, CA 92683 AGENT: Ivett Campos, 1056 North State College Boulevard, Anaheim, CA 92806 LOCATION: 1056 North State College Boulevard. Property is approximately 6.9 acres, located north and east of the northeast corner of State College Boulevard and La Palma Avenue (Camiceria EI Palmar). CONDITIONAL USE PERMIT NO. 2001-04433 -Request to amend the conditions of approval for an existing convenience market to permit retail sales of beer and wine for off-premises consumption. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2003-00012 - To permit retail sales of beer and wine for off-premises consumption within an existing convenience market. CONDITIONAL USE PERMIT RESOLUTION NO. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY RESOLUTION NO. Project Planner: (vnonvood@ an ah a im. net) sr8623vn.doc Q.S. 94 Project Planner: (,evambao(c~anae hi m. net) sr3034ey.doc Q.S. 111 07-28-03 Page 5 6a. 6b. 7a. 7b. OWNER: Lewis R. Schmid, Trustee, 1725 South Douglass Road, Suite C, Anaheim, CA 92806 AGENT: Jason Schmid, J.T. Schmid's Restaurant, 2610 East Katella Avenue, Anaheim, CA 92806 LOCATION: 2610 East Katella Avenue. Property is approximately 3.1 acres, located at the southeast corner of Katella Avenue and Douglass Road (J. T. Schmid's Restaurant and Brewery). Request to amend or delete a condition of approval pertaining to retail sales of beer for off-premises consumption for beer manufactured on the premises in conjunction with an existing restaurant and brewery. CONDITIONAL USE PERMIT RESOLUTION NO. AGENT: Desaprya Jinadash, 1112 North Brookhurst Street #1, Anaheim, CA 92601 LOCATION: 1112 North Brookhurst Street. Suite 1. Property is approximately 0.91-acre, located north and east of the northeast comer of Brookhurst Street and La Palma Avenue (Cheers Market). Request reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on May 8, 2000 to expire November 28, 2002) to retain the retail sales of alcoholic beverages for off-premises consumption within apreviously-approved convenience market. CONDITIONAL USE PERMIT RESOLUTION NO. Project Planner: (avaoner~anaheim. net) sr1021 cw.doc Q.S. 127 Request for continuance to August 25, 2003 Project Planner: (avazauezCa~an a h e im: net) sr8627av.doc Q.S. 37 07-28-03 Page 6 OWNER: F,J. Hanshaw Enterprises, Inc., 10921 Westminster Avenue, Garden Grove, CA 92843 ADJOURN TO MONDAY, AUGUST 11, 2003 AT 11:00 A.M. FOR PRELIMINARY PLAN REVIEW. CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: (TIME) ( TE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: ~~ ~A-~-+---• 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 FROM PLANNING COMMISSION ACTION The action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits and Variances shall be considered final unless, within 22 days after Planning Commission action and within 10 days regarding Tentative Tract and Parcel Maps, an appeal is filed. 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 Ciry Council at the earliest possible date. You will be notified by the City Clerk of said hearing. ANAHEIM CITY 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 48 hours prior to 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 714-765-5139. 07-26-03 Page 7 SCI-@E®ULE 2003 -- AUGUST 11 AUGUST 25 SEPTEMBER8 SEPTEMBER 22 OCTOBER 6 OCTOBER 20 NOVEMBER3 NOVEMBER 17 DECEMBER1 DECEMBER 15 DECEMBER 29 07-28-03 Page 8 ITEH tJO. 1-A ~ I t 11 ~ a v i LA PAZ WAV RS-HS-22000 O ~ < f•- RCL ]241$1 (34) O y RCL 72-73-07 / ~ o N r CUP 3526 (r\ m RS-]300 RCL 88E390 ((1) y ~ CUP 2978 RLL fi]E&55 a ~ CUP 2980 ~ VAR 2302 n CUP 2559 VAR 208] ".J g ~ CUP 2126 1 OU EACH ~ }~ ~,.t I-~ ~.~^ r Rsl 5000 ~' 1~OU EACH LA PAZ CIR } RLL B]5&55 Tp RCL]}]&10 J\5 q&HS24,000 ~r`w ! pj RCL>0.]L]] L\Q4D TRACT ND. 821]-~' CUP 3581 RCV&]8-38 '~. VAR 2188 ftCL R-03A] Rs]200 ~ 72-]}51 TRACT NO 8]34 rl~ -' 1 DU EALH RSH}22 000 CL fiB4i9J0 f2) t h ~ ~ Tenletive Teaq fe 144 RCL fi)b}5 4 ILL~~J.JJ RCL]2-]351 VAR ]048 J z RCL ]b]3-0]' Du CH ~ .T, 10U EACH ~l Jy NSTANTINE ROAD yr: ~_/ GO 3 f,j. 3a R6H122000 .5 1 1 1 RACT NO. B]1] LLLJJJ RLL ]S]6-JB y' ]]-]351 R6 200 U TRACT NO EBBS IRas..ol lnt to RSH&42,00016C) Tmq No ]003 RCL ]240-4] RCL 08E390 (1) a F~ FCL 9]-0855 1OU EACH F ~ RCL (6~]EB-55 O "` ~" RCL>S]B-20 y 10U CH u 4' ?1, t? VAR 2]PB VAR IBOB 5 29 ePr eras RCL 66-8B-54 ,,~,~ Fr: ~ - i RCL 70-71-33 .a m RCL 67-66-55 ~._`'~, `0 T-CUP2003-04737 ~*.Y \ VIA 6ABIA Rs]300 T-CUP2003A46B7 ~~`-:'z`2-m Tmq NB.T003 T-CUP20B2-04585 _ ~T f~V` RLL885&BB (2) RLL e]E}55 CUP 2002-04537. '' ~ vnA zoei CUP 7981 S ~} ~r~} ~-,y~ Fo'rvy R}HS14,000 Rsnszz.000 v4Ram 1DU cH SPT 2002A0003 'v fi w~'~ < TRACT ND er] TRALT NO. ezn (67-88-281) ~} "cry':. 1\n1\ R]0.]i~J38 R>LBi}1]~]B TIBER OflIVE (f-CUP2002-04560) C~ ~ ~ y 1]~s1 RCL 676&55 RLL bTS&SS q~j CUP 2486 ,~ v ~~ ~a G \ ~\ 1 Du EACH 1 ou EACH RcL ] CUP 1406; z.;-~ ',~~-~ ~ ~ y \y\ vAc T NNIS CLUB ~ S R65000 ~1~+,. ~='xu.. j{\ TRACT NO. EBBS `~' } T.T.NO. I4IST Tr'f'.Y'4"'`~e'{`'tT. 2j RCL B0.B1-03 pp i^l.r '~ ;~-/' RCL 1S]8-10 P 8~~~~F S ROL 0388 55 VM 36]T "~~`K"'f ~. ~ LUP 1504 '~ S~Y]'"~~G `N SF~Bi]-09 TRACT Na BBBS ~R ~ 0.S]300 ~~~ ~ \ T.T Nu.1Q5] ApJ qB Tmtl No.fi]3/4 ~~~ 0 ] ]] RCL ]6)10.--]] Tr dNO?8818 U. RFGL 6&8&232j ~~~ 90 \] ~~] VAR PBB ALL]}]4-SB VAR 1028 ~~F~Y,; SPECIMEN TREE RCL]}]4-32 lOU EACH 5„ ~"~ iREMOVALN0. 81.05 1 DU EACH ¢ VAR 1803 p - ~p"~~~~~ ~~ ] 3a i 9 6• HILLCREST CIR .~G., ~~,~,.~v~,YS cL 1~0 ~1~PZyj1 an eSTa t'~io-] i oBs L~11T515 Ll R6A4]PBB VAR]] GUP ]108 RCL T6]1-]] T{UP 10BI-0NSB R4M],B00 - LIIPI80B IRn.ollmm~11a R6M],OBB) RCL O-T1~JB] VpRPItIPB \yC.lap~11,~ VACPNf CUP ZBBP SENIOR GRIZEN'S RGro.T ~~dy451' VAR 4310 gpARiMENTB ]tt]y9"I, ...L..- ? s r-`• Conditional Use Permit No. 2002-04537 4 Subject Property TRACKING NUMBER CUP2003-04737 Date: July 14, 2003 Scale: 1" = 200' Requested By: RUSSELL MILLER Q.S. No. 192 REQUEST FOR A RETROACTIVE EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL FOR AN EXISTING TENNIS CLUB WITH SALES OF FOOD AND BEVERAGES (INCLUDING ALCOHOLIC BEVERAGES). 415 South Anaheim Hills Road -Anaheim Hills Racquet Club 851(2003-7-23) ATTACHMENT - ITEt1 N0. 1-A CITY OF ANAHEIM, CALIFORNIA Planning Department July 10, 2003 Russell Miller Wil Wilkens Anaheim Hills Racquet Club 415 South Anaheim Hills Road Anaheim Ca. 92807 Re: Conditional Use Permit No. 2002-04537, and Specimen Tree'Removal Permit No. 2002- 00003 and Final Landscape Plans for Conditional Use Permit No. 2002-04537 Mr. Miller and Mr. Wilkens: This letter is a status/progress of completion of conditions of approval for the above-referenced permits. Upon Inspection of the property subsequent to our meeting on June 9, 2003, staff observed that the following conditions of Conditional Use Permit No. 2002-04537 (the "CUP"), Specimen Tree Removal Permit No. 2002-00003, and Final Landscaping Plans for the CUP, have not been completed. As indicated by Condition No. 15 of Conditional Use Permit No. 2002-04537, these items should have been completed within one year of the date of approval, that is, by June 3, 2003 s The following conditions of approval related to the CUP, which was approved by Planning Commission Resolution No. PC 2002-79, have not been complied with: L' That trash storage area(s) shall be provided and 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: (The trash enclosure has not been constructed) 4: That the property owner shall submit revised maintenance and indemriity agreements pertaining td the existing and proposed specimen trees on the property to the City Attorney's Office for review and approval; and that said agreements shall be recorded with the Orange County Recorder's office prior to commencement of the activity authorized by this resolution. (No recorded agreements have been submitted) 7. That the developer shall provide the following along the west property line of subject property to screen the tennis club uses and the new driveway from the residential uses on the opposite side of the Walnut Creek flood control channel; including that the petitioner shall obtain approval from the Flood Control District for any improvements which are required on flood control property. (If the petitioner is unable to obtain the Flood Control District's approval for the required landscaping and/or fencing improvements, the petitioner shall request amendment to this condition of approval in connection with a duly noticed public hearing in accordance with Chapter 18.03.060 "Public Hearings on Petitions" of the Anaheim Municipal Code.) 200 South Anaheim Boulevard ZI69641r P.O. Box 3222, Anaheim, California 92803 • (714) 765-5139 • www.anaheim:net .. - 2 - July 10, 2003 (b) Plant vines on maximum three (3) foot centers on the east side of the flood control channel for the entire length of the property south from La Paz Way. (No vines have been planted) (c) Plant dense bushy trees on maximum twenty (20) foot centers on the east side of the flood control channel for a minimum distance of two hundred (200) feet opposite and perpendicular to the new driveway an Anaheim Hills Road (i.e., for a distance of one hundred (100) feet to the north, as measured from an extension of the centerline of the driveway, and one hundred (100) feet to the south, as measured from an extension of the centerline of the driveway). The trees shall be pn the east side of the chain link fence facing the residences. (No trees have been installed along the east side of the flood channel) (d) Install an irrigation system for the new landscaped areas. (No irrigation has been installed for the new landscaped areas) f5. That prior to commencement of the activity authorized by this resolution or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 2, 3, 4, 7, 8, 18 and 19, herein-mentioned, shall be complied with. (Conditions 4 and 7 have not been completed within the one year specified -June 3, 2003) The following conditions of Specimen Tree Removal Permit No. 2002-00003, approved by the Planning Commission, have not been completed: 1(b) That within a period of one (1) month from the date that the landscaping and irrigation plans are approved by Zoning Division and Urban Forestry Division staff, the replacement trees and associated landscaping shall have been properly planted. (Although replacement trees have been planted, other associated landscaping and irrigation has not been installed). 2. That prior to construction of the new tennis courts approved in connection with Conditional Use Permit No. 2002-04537 (which was processed concurrently with this Specimen Tree Removal Permit), the developer shall meet with Urban Forestry staff on the premises of subject property to establish a "tree protection zone" adjacent to the construction area. The developer shall erect a temporary fence around the protected trees in order to delineate the "zone" where no construction activities or vehicle traffic shall be permitted. The temporary fencing shall remain in place until completion of the project approved under Conditional Use Permit No. 2002-04537 and final building and/or building inspections. (The temporary fence is in disrepair and falling overAaying on fhe ground and is ineffective) Final Landscape Plans for the CUP were approved at the July 15, 2002, Planning Commission Meeting, based on the following, which have not been complied with: (i) That the final landscape plan complies with the requirements stipulated in Condition No. 7 of Resolution No. PC2002-79 far noting the installation of (a) matching scrim on the chain link fence located on the east side of the flood control channel, (b) the planting of vines on 3-foot centers adjacent to the same chain link fence, (c) the planting of dense bushy trees to provide screening to the residences from the new driveway on Anaheim Hills Road, .and (d) the installation of irrigation for the new landscape areas on the premises. (Only the scrim has been installed) - 3 - July 10, 2003 (ii) The final landscape plan shows the precise location of the two new courts and specifically notes the protection measures (as reviewed and approved by Urban Forestry staff) to safeguard the existing trees near the construction zone. (Safeguard measures/fencing have fallen down) (iii) That the final landscape plan indicates traffic calming measures on the premises,- including a marked pedestrian walkway, 90-degree parking spaces and stop signs at the intersections of the driveways and the public streets (La Paz Way and Anaheim Hills Road), as required by Condition No. 19 of Resolution No. PC2002-79. (None of these traffic calming measures have been completed) As indicated in Condition No. 7 above, "the petitioner shall obtain approval from the Flood Control District for any improvements which are required on flood control property." This means that it is your responsibility to fulfill this condition of approval, and if you are unable to obtain the Flood Control District's approval for the required landscaping and/or fencing improvements, then a request to the Planning Commission to amend this condition of approval to provide an equivalent alternative would be required. Pleased be advised that compliance with conditions of approval for the CUP and the specimen tree removal permit are independent of the reconstruction of the clubhouse. Staff recommends that you continue your efforts to complete each item listed above. The maximum time extension that Staff would recommend to the Planning Commission is 6-months, regardless of the construction schedule anticipated for the clubhouse. Additionally, no use of the courts is permitted until all conditions of approval are complied with and a final zoning inspection has confirmed compliance. If you have any questions regarding any of the items indicated above, please feel free to contact me at (714) 765-5139, extension 5804. Sincerely, 1 Cti'~ z John P. Ramirez Assistant Planner City of Anaheim , CC: Greg McCafferty, Principal Planner Selma Mann, Assistant CityAtttomey AT.TAGHMhAI;T 1=TEN 1J0= }-A CITY OF ANAHEIM, CALIFORNIA" Planning Department June 14, 2002 Russell D. Miller 415 South Anaheim Hills Road Anaheim, CA 92807 Following is an excerpt from the minutes of the Anaheim City Planning Commission meeting of June 3, 2002 3a. CEQA NEGATIVE DECLARATION 3b. CONDITIONAL USE PERMIT NO. 2002-04537 3c. PECIMEN TREE REMOVAL PERMIT NO. 2002-00003 OWNER: Russell D: Miller, 415 South Anaheim Hills Road, Anaheim, CA 92807 AGENT Anaheim Hills Racquet Club, Attn: Russell Miller and William Wilkens, 415 South Anaheim Hills Road, Anaheim, CA 92807 LOCATION: 415 South Anaheim Hills Road. The property consists of 8.13 acres located at the southwest corner of La Paz Way and Anaheim Hills Road (Anaheim Hills Racquet Club). CONDITIONAL USE PERMIT NO.2002-04537 - Request to expand an existing tennis club by constructing three additional tennis courts for a total of 12 courts. (Approved, in part, under Resolution No. PC2002-79) SPECIMEN TREE REMOVAL PERMIT NO. 2002-00003 -Request for approval of the illegal removal of seven (7) specimen Eucalyptus trees. This item was continued from the April 22 and May 20, 2002 meetings. Five people spoke at the April 22, 2002 meeting (one representing the Anaheim Hills Citizens' Coalition) with concerns or opposition regarding the proposal, and four letters were received voicing concern or opposition; and five people spoke at the June 3, 2002 public hearing (one representing the Anaheim Hills Citizens' Coalition) with concerns or opposition regarding the proposal, and four letters were received voicing concern or opposition. Two letters were received at the April 22, 2002 meeting in favor of the proposal ACTION: The Anaheim City Planning Commission has reviewed the request regarding the illegal removal of seven specimen Eucalyptus trees on an irregularly-shaped 8.13-acre property located at the southwest comer of La Paz Way and Anaheim Hills Road, having frontages of 44 feet on the south side of La Paz Way and 2,185 feet on the west side of Anaheim Hills Road, and further described as 415 South Anaheim Hills Road (Anaheim Hills Racquet Club); and that Commissioner Boydstun offered a motion, seconded by Commissioner Bristol and MOTION CARRIED with 4 "yes" votes (Eastman, Vanderbilt and Arnold voted "no'"), that the Anaheim City Planning Commission 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. 1 Commissioner Boydstun offered a motion, seconded by Commissioner Bristol and MOTION CARRIED (Commissioners Arnold, Eastman and Vanderbilt voted no), that the Anaheim City Planning 200 South Anaheim Boulevard P.O. Box 3222, Anaheim, California 92803 (714) 765-5139 vnvw.anaheim.net Commission does hereby'approve, in part, Specimen Tree Removal Permit No. 2002-00003, to require that 28, 36-inch box sized, replacement specimen trees shall be planted, subject to the following conditions: 1. (a) That within a period of one (1) month from the date of this approval, the developer shall submit a final landscaping and irrigation plan and a maintenance program to the Zoning Division and Urban Forestry Division for review and approval. e That the final landscaping plan shall show a total twenty eight (28), thirty six (36) inch box sized, specimen replacement trees, with placement of the trees to be as determined by Urban Forestry staff. That additional landscaping shall be included such that all proposed landscaping equals or exceeds a value of thirty one thousand two hundred ninety dollars ($31,290), as determined and approved by Urban Forestry staff. e That the final plans shall include information pertaining to the pruning of existing Eucalyptus trees by a tree service company which employs an International Society of Arboriculture ("ISA") Certified Arborist; and that all pruning shall conform to the standards developed by ISA. (b) That within a period of one (1) month from the date that the landscaping and irrigation plans are approved by Zoning Division and Urban Forestry Division staff, the replacement trees and associated landscaping shall have been properly planted. 2. .That prior to construction of the new tennis courts approved in oonhection with Conditional Use Permit No. 2002-04537 (which was processed concurrently with this Specimen Tree Removal Permit), the developer shall meet with Urban Forestry staff on the premises of subject property to establish a "tree protection zone" adjacent to the construction area. The developer shall erect a temporary fence around the protected trees in order to delineate the "zone" where no construction activities or vehicle traffic shall be permitted. The temporary fencing shall remain in place until completion of the project approved under Conditional Use Permit No. 2002-04537 and final building and/or building inspections. 3. That the developer shall reimburse the City of Anaheim for Urban Forestry staff time spent inspecting the premises to ensure that landscaping has been installed correctly, that pruning has been conducted to I.S.A. standards, and that construction activities have not impacted nearby specimen Eucalyptus trees. 4. That Urban Forestry staff shall inspect the property twelve (12) months after completion of the project to ensure that all on-site specimen trees and specimen tree replacement trees have survived and are being properly maintained. Said inspection shall be paid for by the property owner. All corrective measures requested by staff shall be accommodated in a timely manner, as determined by staff. 5. Proposed CondRion No. 5 was comhined with Condition No. 1(a). Sincerely, f Q.pAne~,~~¢h.vi.rt,r(~~ta., terms Eleanor Fernandes, Secretary Anaheim City Planning Commission 1 c ~ aheirLHilis Racquet Club, R. Miller & Wm Wilkens, 415 S. Anaheim Hills Rd, Anaheim, CA 92807 CR5382DM.doc ATTACHCtENT - ITEH tJO. 1-A RESOLUTION NO. PC2002-79 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04537 BE GRANTED, IN PART 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: PARCEL 1 OF PARCEL MAP NO. 81-727 FILED MAY 24, 1982 IN BOOK 170 PAGES 39 TO 46, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF ORANGE, CALIFORNIA. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 3, 2002 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 that the hearing was continued from the Aprif 22 and May 20, 2002 meetings; 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 Sections 18.03.030 and 18.88.050.052 to expand an existing tennis club with accessory food, beverage and alcohol sales by constructing three (3) additional tennis courts for a total of twelve (12). 2. That the proposal is hereby approved, in part, to permit two (2) additional tennis courts for a total of eleven (11) tennis courts at the existing tennis club with accessory food, beverage and alcohol sales. 3. That the proposed use, as approved to allow additional two tennis courts with no lighting at an existing tennis club in the OS(SC) "Open Space-Scenic Corridor Overlay" Zone and including a new driveway approach from Anaheim Hills Road with proper screening for nearby residences on the opposite side of the flood control channel, will not adversely affect the adjoining and nearby residential 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 two proposed additional tennis courts with no lighting, and under the conditions imposed, is adequate to allow 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, as approved, will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and that the new driveway approach from Anaheim Hills Road has been reviewed and approved by the City Traffic and Transportation Manager. 6. That granting 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 CR5374DM -1- PC2002-79 7. That five people spoke at the April 22, 2002 meeting (one represented the Anaheim Hills Citizens' Coalition) with concerns or opposition regarding the proposal, and four letters were received voicing concern or opposition; and that five people spoke at the June 3, 2002 public hearing (one represented the Anaheim Hills Citizens' Coalition) with concems or opposition regarding, the proposal, and four letters were received voicing concern or opposition. 8. Two letters were received at the April 22; 2002 meeting in favor of the proposal CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City` Planning Commission has reviewed the proposal to expand an existing tennis club by constructing three additional tennis courts for a total of 12 courts on an irregularly-shaped 8.13-acre property located at the southwest corner of La Paz Way and Anaheim Hills Road, having frontages of 44 feeton the south side of La Paz Way and 2,1 B5 feet on the west side of Anaheim Hills Road, and further described as 415 South Anaheim Hills Road (Anaheim Hills Racquet Club); 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, in part, subject Petition for Conditional Use Permit to permit construction of two (2) additional tennis courts for a total of eleven (11) courts at an existing tennis club with accessory food, beverage and alcohol sales, 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 trash storage area(s) shall be provided and 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. - 2. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with the most current versions of Engineering Standard Plan Nos. 436, 601 and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. Further., any landscaped areas in the parking area shall be protected with six (6) inch high concrete curbs. 3. That the existing thirty (30) foot high light standards shall"be directed downward to protect the residential integrity of the area to-the west. Said information shall be specifically shown on plans submitted to the Zoning Division for review and approval. No additional lighting shall be added for the two (2) most northerly tennis courts. 4. That the property owner shall submit7evised maintenance and indemnity agreements pertaining to the existing and proposed specimen trees on the property to the City Attorney's Office for review and approval; and that said agreements shall be recorded with the Orange County Recorder's office prior to commencement of the activity authorized by this resolution. 5. That the tennis facility shall not remain open later than 10:00 p.m., daily. 6. That there shall be no sale or service of alcoholic beverages except to customers engaged in tennis club activities; and that the recreational activities and service of alcoholic beverages shall cease at 10:00 p.m. -2- PC2002-79 7. That the developer shall provide the following along the west property line of subject property to screen the tennis club`uses and the new driveway from the residences uses on the opposite side of ._. the Walnut Creek flood control channel; including that the petitioner shall obtain approval from the Flood Control District for any improvements which are required on flood control property. (If the petitioner is unable to obtain the Flood Control District's approval for the required tandscapirig and/or fencing improvements, the petitioner shall request amendment to this condition of approval in. connection with a duly noticed public hearing in accordance with Chapter 18.03.060 "Public Hearings on Petitiohs" of the Anaheim Municipal Code.) (a) Install a green scrim material (matching the scrim material used for the tennis courts) on the west side of the existing chain link fence along the entire length of the west property line south from La Paz Way. (b) Plant vines on maximum three (3) toot centers on the east side of the Flood control channel for the entire length of the property south from La Paz Way. (c) Plant dense bushy trees on maximum twenty (20) foot centers on the east side of the fldod control channel for a minimum distance of two hundred (200) feet opposite and perpendicular to the new driveway on Anaheim. Hills Road (i.e., for a distance of one hundred (100) feet to the north,. as measured from an extension of the centerline of the driveway, and one hundred (100) feet to the south, as measured from an extension of the centerline of the driveway). The trees shall be oh the east side of the chain link fence facing the residences. (d) install an irrigation system for the new landscaped areas. The above-described landscaping and screehing information shall be specifically shown on plans submitted to the Zoning Division for review and approval. Following installation, said landscaping and fencing shall be properly maintained thereafter in conformance with the approved plans. 8. That the legal property owner shall submit a letter to the Zoning Division requesting termination of Conditional Use Permit Nos. 1406 (to establisfi a private tennis club) and 2466 (to expand an existing tennis club with on-sale alcoholic beverages). 9. That the approved expansion is limited to two (2) additional tennis courts as shown on Exhibit Nos. 1 and 2, for a total of eleven (11) tennis courts for this tennis club; and that no additional lighting shall be permitted for the two new tennis courts. 10. That no outdoor vending machines which are visible off-site shall be permitted. ~ 1. That no outdoor pay telephones shall be permitted on the premises. 12. That the "scrim" used for the tennis courts and other fencing shall be continuously maintained in "like-new" condition.. 13. That the existing driveway on La Paz Way shall be retained to allow left-turn movements to and from the property.. 14. That subject property shall be developed substantially in accordance with plahs and specifications submitted to the City of Anaheim by the petitioner and which plans are oh file with the Planning Department marked Exhibit Nos. 1, 2, 3, 4, 5 and 6, and as conditioned herein; provided, however, that the number of parking spaces shall be limited to the fifty nine (59) existing spaces. 15. That prior to commencement of the activity authorized by this resolution or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 2, 3, 4, 7, 8, 18 and 19, herein-mentioned, shall be complied with. -3- PC2002-79 16. That prior to final building and zoning inspections or prior td commencement of the activity authorized by this resolution, whichever occurs first, Condition No. 1 and 14, above-mentioned, shall be complied with. 17. 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. 18. That the applicant shall submit a landscaping plan and final site plan to show the precise locations and dimensions of the two (2) additional tennis courts in order to ensure that the remaining specimen trees are protected. Said plan shall be reviewed and approved by the Planning Commission as a "Reports and Recommendations" item. 19. That the applicant shall meet with the City Traffic and Transportation Manager to create a "traffic- calming" solution for the existing drive aisle parallel to Walnut Creek Channel and to report back to the Planning Commission as a "Reports and Recommendations" item. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expresslypredicated updn 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 June 3, 2002: tOrigina) signed 6;~ Craig Anthony Arnold) CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: l4riginai ell>ned b;t Elcan~r Fernandeal SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Fernandes, Secretary of the Anaheim Cfty Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Cfty Planning Commission held on June 3, 2002, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILI NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this day of 2002. {OI•fginal signed by Eleanor Fernandes) SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2002-79 ATTACHMENT - ITEt1 N0. 1-A CITY OF ANAH);IM, CALIFORNIA Planning Department ' July 26, 2002 Anaheim Hills Racquet Club 415 South Anaheim Hills Road Anaheim, CA 92807 Attn: Wil Wilkens Following is an excerpt from the minutes of the Anaheim City Planning Commission meeting of July 15, 2002. 1. REPORTS AND RECOMMENDATIONS H. (a) (b) Anaheim Hills Racquet Club, Attn: Wil Wilkens, 415 South Anaheim Hills Road, Anaheim, CA 92807, requests review and approval of final landscaping plans, Including traffic calming measures and precise location of new courts, on property located at 415 South Anaheim Hills Road (Anaheim Hills Racquet Club). In connection with consideration of the final landscaping plan, the Planning Commission received a letter from the Anaheim Hills Citizens' Coalition in favor of the proposal, and two a-mails expressing concerns and questions regarding the proposal. ACTION: Commissioner Koos offered a motion, seconded by Commissioner Bristol and MOTION CARRIED (with one Commission vacancy), that the Anaheim City Planning Commission does hereby determine that the previously-approved CEQA Negative Declaration Is adequate to serve as the appropriate environmental documentation for this request. Commissioner Koos offered a motion, seconded by Commissioner Bristol and MOTION CARRIED (with one Commission vacancy), that the Anaheim City Planning Commission does hereby approve the final landscaping plans (labeled Final Plan No. 1) including the traffic calming measures, precise court location and location of replacement specimen trees, based on the following: 1. That the final landscape plan complies with the requirements in Condition No. 7 of Resolution No. PC2002-79, adopted in connection with this conditional use permit, for installation of matching scrim on the chain link fence located on the east side of the flood control channel, planting vines on maximum 3-foot centers adjacent to the same chain link fence, planting dense bushy trees to provide screening between the new driveway on Anaheim Hills Road and the residences to the west, and installation of irrigation facilities for the new landscaping. 2. That the final landscape plan shows the precise location of the two new courts and specifically identifies the protection measures (reviewed and approved by Urban Forestry staff) which will be taken to safeguard existing trees near the construction zone. -1- 200 South Anaheim Boulevard P.O. Bos 3222, Anaheim, California 92803 (714) 765-5139 vnvw.anaheim.net 3, That the final landscape plan complies with the requirements In Condition No. 19 of Resolution No. PC2002-79 by specifying the proposed on-site traffic calming measures including a-- marked pedestrian walkway, 90 degree parking spaces and stop•signs at the intersections of the driveways and the public streets (La Paz Way and Anaheim Hills Road). 4. That the final landscape plan shows the location of replacement trees which will planted as recommended by Urban Forestry and Zoning Division staff, with a majority of the trees being planted within the public right-of-way for maintenance by the City of Anaheim. Sincerely, Eleanor Fernandes, Secretary Anaheim City Planning Commission Tracking No. CUP2002-04585 ', CR5419DM.doc -2- I TEt1 N0. 1 -6 RS-A-03,000 CUP 1170 CUP 33fi2 T CHURCH PARKING RS-7200 1 DU EACH CL RS -A-03,0 00 RC~fi1-fit-2fi m ~ ,o CLIP 33fi2 °o I °Q RS-7200 vAR iaas 1 DU EACH VACANT > > > , CHANTICLEER RD = oU 0 Q VI nul K tt~ p Q VAR 2266 BUENA VISTA AVE CL CL 56-59-715 RCL 62-fi3J3 ~ CUP 932 CUP 303 CUP 303 CUP932 RS-7200 L11 VAR 1753 S CU 303 1 DU EACH tl.l i V-1009 I I j ~ CONVALESCENT ~ HOSPITAL ~ CUP 2002 04647 ~ RS-A-03,000 9 ~' T-CUP 2003-04734 CUP 932 VAR 777 <~! 1 DU J ~ . ~ U CL RS-7200 L!J 6D-fit-59 1 DU VAR 2495 ~ DENTIST RS-7200. RS•7200 m - V-2495 VAR 371 -. CL 1 DU EACH RS-7200 59-fi0-25 RS-A-43,000 i 1 DU EACH I SHOPS iDU 1DU ® say' -' na' ~ CERRITOS AVENUE I CL RS-7200 RCL 67-66-02 7DUEACH CUP 2729 SM.SHOPS CL RCL fi7-fib-02 RS-7200 i DU EAC H t I RGL fi7 66-02 MELLS LN RS-7200 V-1159 1 DU EACH :I I I I I I Conditional Use Permit No. 2002-04647 Subject Property TRACKING NO. CUP2003-04734 Date: July 28, 2003 Scale: 1" = 200' Requested By: TAP VAN PHI Q.S. No. 56 REQUEST FOR TERMINATION OF CONDITIONAL USE PERMIT NO. 2002-04647. 1643 West Cerritos Avenue RS-7200 CUP 4168 D 855 ATTACHMENT - ITEM NO. 1-B Pagel ofl Vanessa Norwood From: Quyenphi@aol.com Sent: Friday, March 28, 2003 4:02 PM To: Vanessa Norwood Subject: CUP 2002-04647 Hi Vanessa, We, the Phi residence, request termination of said granny unit -CUP 2002-04647 and submit the plan for a room addition. Thank you very much for all your help. Best regards, The Phi Family -Tap Van Phi ~i~ni~nm ITEM N0. 1-C ay t DU '~ ~ I I L_Zo 1 DU ygb ~ 1D}1 -N I ---=8 RM I1200 I 1 DU D ~ RM-1200 RM-1200 -® ~ w I ~ VAR 2001-04445 ~ ~ w ~ > > 1 DU VAR 3755 R1 a m ~ ~ ~ APARTMENT O 1P DU Z D CG , ~ ~ v ~ RCL 65-66-09 ~ 1 DU SMALL SHOPS ° m S UP7 a S ~ SMALL C P 3 12 . SHOPS n VA~PNT vA~ i GG ~~ R STRE~~ ~ GG CENTS EGG c A w n O a ~ G~ ~ G 1- rn z Du E- z ~o~ 3 10U n J'~~c s1 cHEStjr Conditional Use Permit No. 166 TRACKING NO. CUP2003-04735 Requested By: LUIS DIAZ Subject Property Date: July 28, 2003 Scale: 1°' = 200' Q.S. No. 63 REQUEST FOR TERMINATION OF CONDITIONAL USE PERMIT NO. 166. PNPEOOI.N gGN N ~~ ~f Gn CUP Zp3 =p O .° Acme WASH OZ u ~ CP -a'c b ~,NCp~ e 1 -9N OG 7M N Z~ ,N ZP<V~N~E ~' B~Rp~p,DW PY ~`, D~, 1 VPR 3429 _~e DUB 3pU i 1022 and 1024 West Lincoln Avenue 854 ATTACHMENT - ITEM NO. 1-C P ~ /~ ~~ ~~ Mar X003 r RECEIVEryryD "~ Luis )2ogelio 1)iaz/ ~; DEFgR7ryjENT a IVlaria Luisa 12iaz. 1026 West Lincoln Ave. ~~4~~SZ,~~,,7~ti~ ` Anaheim, CA 92805 , 714-520-9717 April 17, 2003 City of Anaheim Planning Department. Attn.: Planner: Vanessa Norwood As your papers dated April 10, 2003 you had requested a letter from the owners (Luis Rogelio Diaz and Maria Luisa Diaz) requesting termination of Conditional Use Permit No. 166 Previous zoning actions: Conditional Use Permit No. 166- to establish an ambulance service was approved by the Planning Commission on October 16, 1961 (1022 and 1024 W. Lincoln Avenue). Variance No. 1772-waiver of freestanding sign location was approved by the City Council on May 3, 1966 (1022 W. Lincoln Avenue). Since is no longer in effect we will terminate it. This is for Pre-File No. 2003-00025 at 1024 West Lincoln Avenue. We enclosed copy of the CITY OF ANAHEIM PLANNING DEPARTMENT with date: April 10, 2003. Page 1 Thank you in advance for your help and please don't hesitate to call us if you have and further questions. Sincerely, I / ~~ o Luis Rogelio Dials Maria tisa Diaz ITEM N0. RR 1-D _ ~ FUL~RTON~TyC/M/TS - ~ ~ - ~ _ _ .._. _ _ ANAHElMC/TyL/MITS -~_ RIVERSIDE FREEWAY - CFIEVy CHASE pRIVF I--_ I i I II I ]1 I I lR ~I ~\ RM-1200 ~ y I ~ RCL 56-57-86 I I j CUP 2995 1 I I I I ~ Li 0 P~S~ . ~~~ ~~J ~ ~ 9~ M19 JQ G RM-1200 RCL 55-56-I VAR 1479 VAR 1161 APTS. RAM7200 c9 RCL S&56-09 !N~ APTS. .,,,. AR 3760 RSA-03,000 tt VAR c z z a RS- 7200 -Ni A 1 DU EACH 9,P'e ~ VAR 11B] m -~ RS- 7200 D VAR 1958 i 1 DU EACH y n y "'~ VAR 6910 ~ RS 7200 Z 1 DU EACH r Z ROM NEY A DR RM41200 RCL 82-83-22 I cuP zii~ r DAYCARE m_ ~ CUP 254'. = VAR 105 y CG COP B09 CUP 2563 CUP B]0 VqR 21B] a U VAR 103 ~w ¢' General Plan Conformity No- 2003-00028 ~ Sub}ect Property Date: July 28, 2003 Scale: Graphic Requested By: JOHN BECK, COUNTY OF ORANGE Q.S. No. 60 REQUESTS DETERMINATION OF CONFORMANCE WITH THE ANAHEIM GENERAL PLAN TO ENTER INTO A DONATED SPACE AGREEMENT TO ESTABLISH A WOMEN, INFANTS, AND CHILDREN (WIC) PROGRAM GLINIC IN AN EXISTING BUILDING AT MANZANITA PARK COMMUNITY CENTER. 1260 Riveria Street a7o(zoos-~-za> REED LN ATTTACHHENT - R6R ITEN N0. 1-D COUNTY OF ORANGE JULIETTE A. POULSON, RN, MN FiEALTFi CARE AGENCY DIRECTOR ALICE L. MANNING INTERIM DEPUTY AGENCY DIRECTOR FINANCIAUADMINISTRATIVE SERVICES FINANCIAVADMINISTRATIVE"SERVICES Excellence ^llntegrity Service RECEIVED' JUN 1 8 2003 CITY fApNp6ER'S OFFICE GA 1233-2-30- ` HCA/~Vomen, Infants and Children -Manzanita Park June 16,2003 Jcel Fick, Executive Director of Planning & Community Development City of Anaheim Planning Department 200 S. Anaheim Boulevard Anaheim, CA 92805 SUBJECT: GENERAL PLAN CONFORMANCE MICHAEL HANSEN " MANAGER FACILITIES SUPPORT/REAL ESTATE MAILING ADDRESS. 405 W. 5" STREET, ROOM 610 SANTA ANA, CA 92701 TELEPHONE: (714) 6345044 FAX: (714) 634J695 E~MAIL:.mhansen ®hca.co.orange.ca. us Pursuant to Government Code Section 65402, you are hereby given notice that the County of Orange is considering a Donated .Space Agreement for approximately 1,600 square feet of office space in an existing building located at the Manzanita Park -Family Resource Center, 1260 N. Riviera Street, Anaheim, The Women, Infants and Children Program (WIC) provides nutrition education classes, assessments, counseling and issuance of checks for special foods given to participants in the ~VIC Supplemental Program. Thank you for your cooperation and prompt attention to this matter. If you have any questions, please call me at 834-3019. John Beck Real Property Agent Determination: _YES _NO This project is in conformance with the General Plan of the City of Anaheim. City of Anahiem: BY: DATE: Cc: David Morgan, City Manager Tony Ferrulli, Manager, CEO/Real Estate I TCM Al(1 DD 71C Rsa2oD 1 DU EA 1 DU EA. RS-7200 1 DU EA. cITY WELL RCL 65-66.22 ur Res. of Intent Iv RM-2400) CUP 733 w RS-A-03,000 RM-1200 RM-1200 VAR 2001-04439 CERRITOS AVE 9 DU ~ RM-1200 ~ 0 54 55 3 0 a 4 DU EACH < 6 DU RM-1200 J 8 DU 6 DU EACH O 0 4 DU LYNNE AVE 8 DU J rye O I- h W V 'Q a DU ~ Q a RM-1200 h -55-32 a V-1456 ~ V-1436 Q = 4 DU 6 DU 4 DU e Du RM-1200 VAR 2001-04439 VAR 2001-04426 GPC 2003-00029 HERMOSA VILLAGE COMMUNITY CENTER ~. n x m F m 0 AUDRE DR RM-1200 m m m O A R 20 VAR 00 4 -04421 I I VAR 20 409 RM-1200 VAR 56-57-83 (54-55-18) 8 DU General Plan Conformity No. 2003-00029 Subject Property >. Date: July 28, 2003 Scale: 1" = 200' Requested By: THURMAN HODGES, COUNTY OF ORANGE O.S. No. 66 REQUESTS DETERMINATION OF CONFORMANCE WITH THE ANAHEIM GENERAL PLAN TO ENTER INTO A DONATED SPACE AGREEMENT TO ESTABLISH A WOMEN, INFANTS, AND CHILDREN (WIC) :PROGRAM CLINIC IN AN EXISTING BUILDING AT HERMOSA VILLAGE COMMUNITY CENTER. 1515 South Michelle Drive 869(2003-7-24) ATT/1CNt1ENT - R&R tTE11 Np. 1-E Excellence ~~~itegrity Service GA 1233 ?-30-39 HCA/Public Health- WIC June 26, 2003 Planning Department City of Anaheim 200 S. Anaheim Blvd Anaheim, CA 92803 SUBJECT; GENERAL PLAN CONFORMANCE ,t/Z93J71 MICHAEL HANSEN /~ ~ F ACILITIES SUPPORT/REAL ESTATE ~r1~ J~~ 2lA[~C ~ ~ MAILING ADDRESS: RECEIVED pLANNINS O'~ 405 W. 5'" STREET, ROOM 810 ANAHEIM CA -0'/ DEPARTMENT' , 92701 r L, TELEPHONE: (714) 834-5044 ~ ~. ?/ \9 FAX: (714)834-7695 ~s1 PI CI L\~ E-MAIL: mhansen®hca.co.orange.ca.us Pursuant to Government Code Section 65402, you are hereby given notice that the County of Orange is considering operating a Women, Infants, and Children's Program (WIC) in donated space at 1515 S. Michelle Street, Anaheim. The program will provide nutrition education classes, assessments, counseling and issuance of checks for special foods given to participants in the WIC Supplemental program. The program will operate Thursdays from 8:00 am to 5:00 pm. Please review this proposal and determine if the use conforms to the General Plan of the City of Anaheim. To simplify processing, you may complete the bottom portion of this letter and return it to me. Thank you for your cooperation and prompt attention to this matter. If you have any questions, please call me at 834-5429. odges Senior Real Property Ag [ Determination: _YES_NO This project is in conformance with the General Plan of the City of Anaheim. City of Anaheim: BY. COUNTY OF ORANGE JULIETTE A. POULSON, RN, MN ~~~~~,~ ~~~~ ~~~~~~ DIRECTOR ALICE L. MANNING INTERIM DEPUTY AGENCY DIRECTOR FINANCIAL/ADMINISTRATIVE SERVICES FINANCIAUADMINISTRATIVESERVICES DA Attachment Cc; Mr. David Morgan, City Manager TH: pc I TEt1 N0. 1 -F J ~~ U` l I J u l i J" ~ I ) W ~_~ CUF PARK WAY RS-7200 RS-7200 N ism 1 DU EACH 1 DU EACH S r E ^~~~ ~mao °o m 1O ~'"'u' RM-1200 " RM-1200c .34 ~ 4 DU EACH 4 DU EACH -66 d' 1 Q ALMONT AVENUE i4 i1 W '6 --I CL RM-1200 7 ~ 61-62-123 ® TRACT N0.4757 O CL GPC 2002-00019 61-62-123 m fii-62-123 {62-63-731`8 4DU CH CUP 2002-04618 GPA 348 ~ I W CUP 3630 OFFICE BUILDING ~ 1 ~ CUP BO6 ,. CUP Z rv 3391 '• J RESTAURAN7 + ' • ~'^-•~- ~ rrg.,~, 3~' <~ ~ 3967 j r CL t » ~r Q ~¢ NT J r/i " ~ a 81-62-123 x ~~ =^~ S O ~ y;!r~e ~ CUP 3968 '~~ ~ ~ otZj Ij ~ RcL esae-7e z ~ _r, }. , CUP 3742 y y~ N~ m 23 W cuP 37ez ~`^rc 7 r rr CUP 7878 ~, , ~ f ~- cuP also ~rym~ ~ ~ ~. GPC 2003-00030 ~ ¢o ~ OiiEVaoN ~~~~ ~' ~; COMM SHOPPING z '~ :: v ss.a 1p Ow r ~ CENTER .' /. GOOOMART ~ ji. y.,,. ~ ~ r BALL ROAD CL RCL62A3-02 CL RCL 68A7-0B RcL es-0e-mfi RCL 76J7.60 RM-1200 -0UP 2003047a RCL 64-65-15 cuPn4s cup tom OL FIRE CUP 214 CUP 610 RCL 76.77-60 STATION VAS 5~3 EL TORITO RESTAURANT RCL 6465-15 56.57.76 CUP 2062 cUP 610 RM-1200 H BENIIiANA RCLfi9-70.29 N CL RESTAURANT RCL 67-68-61 7 RCL 76.77-60 VAR 2143 ~ RCL 6466-15 GLENAIRE 56-57-76 OL APARTMENTS CUP 3529 RCL 76-77-GO 220 DU c CUP 2145 RCL 64-6575 CUP 670 56-57-76 - PACIFIC PLAZA CUP 610 SAND DOLLAR FINCN(:IGI PI A7A ' General Plan Conformity No. 2003-00030 f=, Subject Property .,,.. _: Date: July 28, 2003 Scale: 1" = 200' Requested By: THURMAN HODGES, COUNTY OF ORANGE Q.S. No. 115 THE COUNTY OF ORANGE HEALTH CARE AGENCY REQUESTS THAT THE CITY DETERMINE WHETHER ITS REQUEST TO EXTEND LEASE TERMS IN AN EXISTING COMMERCIAL BUILDING TO CONTINUE OPERATION OF THE WOMEN., INFANTS, AND CHILDREN (WIC) PROGRAM, IS IN CONFORMANCE WITH THE ANAHEIM GENERAL PLAN. 2137 East Ball Road Bs6 ATTACHMENT - R&R ITEI1 N0. 1-F COUNTY OF ORANGE JULIETTE A. POULSON, RN, MN ~E~~~~ ~~~~ ~~~~®^~ DIRECTOR 1tl is ALICE L. MANNING INTERIM DEPUTY AGENCY DIRECTOR FINANCIAL/ADIIAINISTRATIVE SERVICES FINANCIAUADMINISTRATIVE SERVICES Excellence ~~~htegrity Service GA I?54-2I3 HCA/Public Health- WIC June 26,2003 Planning Department Ci[y of Anaheim 200 S. Anaheim Blvd Anaheim, CA 92803 SUBJECT: GENERAL PLAN CONFORMANCE ^,.~-,j~37 ~~c ~ ~ MICHAEL HANSEN FACILITIES SUPPORT/REAL ESTATE p~ J~1Q ~ PLANNIEO DEP.IRTME6r~ GeV ~~, ~,~ ~~ ~~ ~~/ MAILING ADDRESS: 405 W. 5~" STREET, ROOM 610 ANAHEIM,CA 92701 ~ TELEPHONE: (714)634-5044 ~j/6., ~.„\\~~ ~ FAX: (714)634-7696 E-MAIL: mhansenQhca.w.orange.ca.us Pursuant to Government Code Section 65402, you are hereby given notice that the County of Orange is considering renegotiating its lease in the existing building located 2137 Ball Road in Anaheim for its Women, Infants, and Children's Program (WIC). In 1994 the County leased approximately 7,000 square feet of office space in the building for its WIC Program and Maternal and Child Immunization services. Due to budget reductions, the Maternal and Child Immunization services have been relocated from this facility. The lease is being renegotiated to reduce the size of the facility to 4,600 square feet and extend the lease term. The facility will continue to provide nutrition education classes, assessments, counseling and issuance of checks for special foods given to participants in the WIC Supplemental program. The program will operate Monday through Friday from 8:00. am to 5:00 pm. Please review this proposal and determine if the use conforms to the General Plan of the City of Anaheim. To simplify processing, you may complete the bottom portion of this letter and return it to me. Thank you for your cooperation and prompt attention to this matter. If you have any questions, please call me at 834-549. I Senior Real Determination: _YES _NO This project is in conformance with the General Plan of the City of Anaheim. City of Anaheim: BY DATE: Attachment Cc: Mr. David Morgan, City Manager TH:pc PM ~M NIGH / p,NASGHGGU N pCa~® '~~ Gc cUFWA H ~~G b N G PNS Dv UP g32 ~ pU RM_120N`GH PN~E\ OGU gGN N p m~ Pv~N~E y ~. ~yp4~2~ ~ 1 ~~ ,~ GG 6 V-1~P1NG S CENTEK C` 9 N \~ R~H'ENS^' PFA ~p pU 21 O a RM.12EN~5 PPPR'[ Conditional Use Permit No. 2001-04435 , x" r Subject Property TRACKING NO. CUP2003-04712 Date: June 16, 2003 Scale: 1"= 200' Requested By: PALMALL PROPERTIES INC. Q.S. No. 62 G\ S ~o pO`• TO AMEND OR DELETE CONDITIONS OF APPROVAL FOR APREVIOUSLY-APPROVED CARWASH WITH ACCESSORY TAKE-OUT FAST FOOD SERVICE AND TO PERMIT A MODULAR OFFICE TRAILER WITH WAIVER OF MINIMUM NUMBER OF PARKING SPACES. 900 West Lincoln Avenue -Fat Daddy's .Hand Auto Spa & Chicago Eatery 722 Staff Report to the Planning Commission ;July 28, 2003 `Item No. 2 2a. CEQA CATEGORICACEXEMPTION -CLASS 1 (Motion) 2b. ! WAIVER OF CODE REQUIREMENT ': (Motion) 2c. CONDITIONALUSEPERMIT'NO.2001=04435 (Resolution) (TRACKING NO. CUP2003-04712) SITE LOCATION AND DESCRIPTION: (1) This rectangularly-shaped 0.58-acre property is located'at the southwest corner of Lincoln Avenue and Ohio Street with frontages of 168 feet on`the south sitle of Lincoln Avenue and 148 feet on tte west side of Ohio' Street (900. West Lincoln Avenue -Anaheim Car Wash). REQUEST: (2) The petitioner' requests to amend or delete conditions of approval for apreviously-approved car wash with accessory take-outlast-food service andi o permit a modular office trailer under authority of CodeSections 18.03.03Q.010, 18.03'040, 18.03.092 and 18.45.050:080 with waiver of: SECTION 18.06.050.0233 .Minimum number ofparking spaces. .'(DELETED) *Subsequent to this item being advertised, the petitioner revised the request to delete the accessory take-ouffood service and modular office trailer. BACKGROUND; r (3) At the request of the Planning Commission, this item was continued from the June 16, to he June 30, 2003, meeting in order to allow the petitioner time to comply with conditions of approval and code enforcement violations pertaining to the property. The business owner„Louis Garrett, submitted a request to continue the item from the June 30 and July 14, 2003, Commission meetings to allow more time to address the items of concern expressed by the Planning Commission. The new business owner requested a further continuance to the July 28, 2003, meeting in order to satisfy hese outstanding`, issues. (4) This property is developed with an existing 1;116 square foot car wash and un-permitted modular office trailer, and Is zonetl CG (General Commercial). The Land Use Element Map of the Anaheim'Generaf Plan designates this property for General Commercial land uses. (5) Surrounding General Plan Map designations are as follows: Direction General'Plan Desf nation North (across Lincoln Avenue) General Commercial East`(across Ohio Street and West South across:' ublic alle` Medium Densi PREVIOUS ZONING ACTIONS: (6) Conditional Use Permit No. 2001-04435 (to retain and`expand ari existing car wash ko include accessory ake-ouk fast food service) was approved by the Planning Commission on September 24, 2001. Sr5027jr Page 1 Staff Report to the Planning Commission July 28, 2003 Item No. 2 DISCUSSION: (7) The agent for the property owner, Louis Garrett, requests an amendment to the hours of operation for the existing'car wash td allow the: car wash o be open on Sundays from 8 a.m. until 6 p.m. As indicated in paragraph no: 2, the request to permit accessory take-out food service and a modular office trailer has. been deleted. (8) Resolution No. PC2001-138, adapted in conjunction with Conditional Use Permit No. 2001- 04435, contains the following conditions of approval: "5. That the hours of operation shall be limited to Montlay through Saturday, 8 a.m. to 6 P•m 4 4 3 ~ f ~~~t;, New trees and ~ ~.;t ,, '~~',,~''~flovuerbeds My~ x ~ ~eT e.4S~Yx ~"' ~~rv ~ ~, ` mod. ~' ff~sn~"' ; 'tk'~a- b <~ ~ 1 4^„. rte/ '~'~~yr~. r~ ~ `k ~i Y"3 , ~'",~, s ~x(~s..Fc ' ,', s s w i ~ e , 4 ~g ~~ ~ ts~, .. ..,. nP '~. ('~~~ ~ f' u'" y~ - ~",~.~ ~ ~ ~~, ,~t fps ti,,,, W~ ~ r ~'`~~. ~ ~~,,~ s ~~~t. ~ ~ ~ «, .. .. Gam' '~ .. 'rd`r ,. Vlew of customer waiting area from the North (9) Staff has been assisting the new business owner, Jin Choi, to ensure the property and business operation comply with all conditionsbf approval- and any outstanding: code violations. As indicated in the staff report to the Planning: Commission on July 14, 2003,:' the parking area adjacent to Lincoln'Avenue has been restriped, and all the landscaping! on the property has been refurbished, with the addition of vines arountl the trash'enclosure and the addition of two palm trees and flowerbeds adjacent to the customer waiting area: Addtionally, all'unpermitted restaurant signage and the restaurant kitchen within the building have tieen completely removed and the decorative awnings on the building have been replaced. Although' here has`been significant progress toward compliance at the time this staff reportwaswritten, the unpermitted modular office trailer had not been removed, the'vacuum equipment enclosure nod not been constructed, and the trash enclosure still'needed to be refurbished. Page 2 Staff Report to the Planning Commissoh July 28, 2003 Item No. 2 Unpermitted ritodular office trailer ` ~; ,~, Unenclosed vacuum area ~ ~dffx4 r,¢ . `~ . i { ~Ti ~ K vq ~i 4 +.x? " ~~ ~~ `~~ I 1~;a1~ * ~. ~ , ~ 4 ~~ ~ ~ rob ~3{ F ,3' ~6IDI ~ 4 S .. iYrv.h - ' J ~ S e . M? a"' yY2~T /! G" ~ 5 . 3 jc~'-S4 ~' c=xa :."~ ~+.. M ..! C{.%+ uN'~ J1 F. %fr'? ij .G. 'I~i%"~J //~,. ~~vjl't4C'~ G p . ' ~ ~ ~ " ` ti ~' ",, ,~ i 3r ~? s~ t 1 + ~~ j . _ s'~ t 3 ~ ~zrc ^,4. i ~ r„ 9 n ;; ,... a n ~ , y""2~ ?6s~ l ~, r y;~; s ~ ~ ~ ~~ ~: ~ ut ~f , .~ s-~ ..~'4r .~ ~. '3 , 'z "eY i`-{ a'2 ' ~' ^ r - ' r` ~~eu~ / ~.F + c~ - ~ . ( MC d ^.rs ~rvd '. e' ,, (10) Staff conducted a site inspection on July 21, and observed that these items have not been addressed: Mr. Choi': has indicated that the trailer would be removed before the Commissibn meeting on July 28. Mc Choi's contractor has contacted both Zoning and Building Division staff to determine the requirements'forhuilding permits for the construction of the vacuum equipment enclosure, however building permits have not been issued. (11) Because there have tieen complaints from residentsliving in the vicinity, staff has added a condition requiring that sound pressure levels at the`property line to the south (abutting the .`public alley) be measured after the vacuum equipment enclosure is constructed to ensure :'compliance with Chapter 6.70 of the Anaheim Municipal Code regarding sound pressure levels. If the enclosure is inadequate to buffer the sound emanating from the vacuum and dryer equipment, the applicant would be required to install sound attenuating material to the interior of the enclosure, or completely enclose the equipmenYarea until sound pressure evels at the property ine are inlcompliance with Code. (12) Staff has observed a substantial improvement to the appearance and maintenance of the oar wash property. Although there are sttltoutstanding items that need to be addressed, 'staff believes there is; a genuine willingness from Mr1 Choi to remedy all outstanding; conditional'use permit and Zoning Code violations. ' (13) Staff believes that the petitloner's requestto amend Condition No. 5, to extend the tlaily operation to Sundays consistent with activity in the surrounding commercial area, as other businesses in the general vicinity are open Sundays:; Further, the business is already open '.from 8 a.m. to 6 p.m`., Mondaythrough Saturday. Therefore, staff recommends aoproval of .the petitioner's request for modification to the condition of approval pertaining to hoursldays of operation. (14) .The requested waiver pertaining to minimum number of parking spaces has been deleted. Page 3 Staff Report to the Planning Commission July 28, 20031 Item No. 2 ENVIRONMENTAL IMPACT ANALYSIS: (15) The Planning Director's authorized representative has determined that the proposed project falls within the definition ofCategorical Exemptions, Section 15301, Class 1 (Existing Facilities), as defined in the CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. .GROWTH MANAGEMENT ELEMENT ANALYSIS: (16) The proposed project has tieen reviewed by affected City departments to determine whether it conforms with the City's Growth ManagementElement adopted by the City Council on March 17, 1992. Based on City staff review of the proposed project, it has been determined that this project does not fitwithin the scope necessary to require a Growth Management Element analysis; therefore; no analysis has been performed. FINDINGS: (17) Subsection 18.03.092 of the AnaheimMunicipal;Code provides for the modification or termination of a conditional'use permit for one or more of the following groundsi (a) That the approval was obtained. by fraud; (b) That the use for which such approval is granted is not being exercised within the time specified in such permit; (c) That the use for which such approval was granted has ceased to exist or has been suspended. or inoperative for any reason for a period'of six (6) consecutive months or more; (d) That the permit granted is being, or recently has been exercised contrary to the kerms dr conditions of sucfi approval, or in violation of any statute, ordinance, law or regulation;: (e) That the use for which the approval was granted has been so exercised as to be detrimental to the public health `or safety, or so as to constitute a nuisance; (f) That the use for which the approval was granted has'not been exercised,'and that ' based upon additional information or due to changed circumstances, the'facts necessary to support one or more of the required showings for the issuance of such: entitlement as set forth in this chapter no longer exist; and/or (g) That any such modification, including the imposition of any additional conditions whereto, is reasonably necessary to protect the public peace, health, safety or general welfare, or necessary to permitreasonable operation: under the'conditional use permit or variance as granted. RECOMMENDATION:; (18) Staff recommends that, unless additional or contrary information is received during the hearing, and based uponahe evidence submitted to the Commission,includingthe evidence presented in thisstaff report, and oratand written evidence presented at the public hearing, the Commission'take the following actions: (a) By motion; determine that the project is Categorically Exempt under Section 15301,: Class 1' (Existing Fadilities) of the CEQA Guidelines:; Page 4 Staff Report to the Planning;Commission S July 28, 2003 Item Noi'2 (b) By motion, deny the requested parking waiver since it has been deleted. (c) By resolution, a 'rove, the!request to+amend Conditional Use Permit No. 2001-04435 (TRACKING NQ: CUP2003-04712) pertaining to hours of dperation for an existing car wash'and to amend previously-approved exhibits deleting-the accessory take-out food service portion of the business, based on the following: (i) That petitioner's request to amend Condition No. 5 of Resolution No. PC2001- 138, to extend the daily operation to Sunday (8 a.mlto 6 p.m.) is consistent with the current hours of the car wash and the'surrounding commercial area and as .conditioned herein, would not adversely affect the adjacent residential land uses br the growth and development of the area, and is'reasonably necessary o ;permit tha'successful operation'bf the carwash. (ii) That the accessory take-out food service portion of the car wash operation is no longer ih`operation and all associated equipment has been completely removed. (d) Staff further recommends the Commission incorporate the conditions of approval contained in Resolution No: PC2001=138 into anew resolution with tFie following conditions of approval (Condition Nosi 3, 5, 11, 12 and 17are new andlor motlified conditions): 1. That there shall be no public telephones on the premises, which telephones are located outside the building. 2. That all existing and proposed roof-mounted equipment shall be screened from biew in accordance with`the requirements of he CG "Commercial: General'+;Zone. Said information shall be specifically shown on the plans submitted for building permits. 3. That no portable canopies or awnings other2han those shown on Exhibit No. 1 (i.e. the detaii!canopyand customer waiting area canopy adjacent to Ohio Street);shall be permitted. 4. That no advertisement of food or drink shall be permitted. `Any additional signsshall be subject to review and approval by tfte Planning Commission as a"Reports and Recommendation"'item. 5. That the hours of operation shall be limited to 8 a.m. to 6 p.m, daily. 6. That anon-audible system hall be used to inform customers that their vehicleis ready for pick- up. 7. ThaYall outdooractivities shall comply with the requirements of Chapter 6.70 "Sound Pressure Levels." ~?8. That on-site tables and seating areas'shall be limited to those shown'on Exhibit No. 1 submitted by the applicant and approved by the Planning;Commission. 9. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal df trash or deti~is, and removal of graffiti within twenty foul (24) hours from time of occurrence. 10. That no public atldress ("PA") system'shall be used on thepremises .Page 5 Staff Report to the Planning Commission !' July 28, 2003% Item No. 2 11. - (a) That the vacuum and dryer equipment shall be entirely enclosed in the equipment room; and that the doors to the'equipment room shall be solid core construction and equipped with self-closing devices. Said information shall be specifically shown on plans submitted for':Building,pivision approval. (b) That sound pressure levels at the property line to the south (abutting he public alley) shalt be measured after the vacuum equipment enclosure is constructed o ensure compliance with Chapter 6.70, "Sound Pressure Levels". If the enclosure is inadequate to buffer the sound'emanating from the vacuum and dryer equipment, the applicant shall be required,to install' ound attenuating material to the interior of the enclosure, and/or completely enclose the equipment area such that sound pressure levels at the property ine are in compliance with.Code. 12, That the trash enclosure shall be refurbished antl repaired, including the removal of graffiti, the repair of enclosure doors,'as well as the removal of concrete debris from the enclosure area. 13. `That no banners or other advertising visible to adjacent streets'shall be displayed inside the car .wash tunnel unless a Special Event Permit is first obtained. 14. That trash'storage areas shall be provided and maintained in location acceptable to the Public Works Department,:: Streets and Sanitation Division,'and in accordance with approved plans on `file with said Department. Said;storage area(s) shall be designed, located and screened so as snot to be readily identifiable from adjacent streets odbighways. ;The walls of the storage area(s) :shall be protected from graffitibpportunities by the use of plants such as minimum one (1) gallon :'sized clinging vines'planted orf maximum!three (3) foot centers or tall shrubbery. 15. That a plan sheet forsolid waste storage and collection and a plan for recycling shall be submitted to the Streets and Sanitation Division for review andapproval. 16. That an on-site trashtrucktum-around area shall beprovided in accordance with Engineeringi `Standard;Detail No: 610 and maintained o the satisfaction of the Streetsand Sanitation Division. :`Said turn-around area shall be specifically shown on'the plans'submitted for building permits. 17. That the car wash shall comply with alE state laws and local ordinances pertaining to Water ':Conservation Measures. 18. That subject property shall be developed substantially in accordance withjplans and' specifications submitted to the' City of Anaheim by he petitioner and which plans are on file with `the Planning Department marked Exhibit!Nos. 1 through 3, and. as conditioned herein. 19. That within sixty (60) days from the date of this resolution, Condition Nos: 2, 11,12,:.15, 17 and! ,18, above-mentioned; shall be'complied with. Extensions foEfurther time to complete said 'conditions Maybe granted in accordance with Section 18.03:090 of the Anaheim Municipal Code. 20. That approval of this'application constitutes approval of the proposed request only to the extent 'that it complies with he 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. Page 6 ATTALHhtENT - ITEht N0. 2 RESOLUTION NO. PC2001-138 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04435 6E GRANTED, IN PART 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 pf California, described as LOT 4, 5 AND 6 IN BLOCK A, VILLA TRUST, ANAHEIM, CALIFORNIA, AS PER MAP THEREOF RECORDED IN BOOK 14, PAGES 45 OF MISCELLANEOUS RECORDS IN THE OFFICE OF THE RECORDER OF LOS ANGELES COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 24, 2001 at 1:30 p.m., notice of said public hearing having been duty given as required by law and in accordance with theprovisionsbf the Anaheim Municipal Code, Ghapter 18.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate 2nd make findings and recommendations in connection therewith; and that this was continued from the September 10, 2001 Planning Commission meeting; 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 18.45.050.080 and 18.45.050.290 to retain and expand an existing car wash to include accessory take-out fast food service with waiver of the following: - - - - Sections 18.06.050 - Minimum number of oarkfng spaces, - - 18.06.050.020.023.02 3 3 and 18.45.066.050 2. That the waiver of minimum number of parking spaces is hereby denied because following public notification it was determined that the waiver is not necessary. 3. That the proposed use 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, as conditioned herein, is adequzte to allow 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 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 the existing car wasfi is a legalhon-conforming land use and approval would bring it into conformance with current Zoning Code provisions requiring a conditional use permit and, as conditioned herein will not adversely affect the adjacent residential land uses or the growth and development of the area. 8. That the property provides adequate ingresslegress from public streets., on-site vehicular circulation, and adequate parking for customers and employees patronizing the property. CR5204 P K. doc -1- PC2001-138 9. Thafno one indicated their presence at the public hearing in opposition to the proposal; and that two letters were received in opposRion. - CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Class 1 {Existing Facilities), 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 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: 1. That there shall be no public telephones on the premises, which telephones are located outside the building. 2. That all existing and proposed roof-mounted equipment shall be screened from view in accordance with the requirements of the CG "Commercial General" Zone. Said information shall be specifically shown on the plans submitted for building permits. 3. That no portable canopies or awnings shall be permitted. 4. That no advertisement of food or drin;c shall be permitted. Any additions signs shall be subject to review and approval by the Planning Commission as a"'Reports and Recommendation" item. 5. That hours of operation shall be limited to Monday through Saturday, 8 a.m. to 6 p.m. 6. That anon-audible system shall be used to inform customers that their.vehicle is ready-for pick-up. _ _. 7. That all outdoor activities shall comply with the requirements of Chapter 6.70 "Sound Pressure Levels.". 8. That on-site tables and seating areas shall be limited to tnose showy, ch exhibits submitted by the applicant and approved by the Planning Commission. 9. 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. 10. That no public address ("PA") system shall be used on the premises. 11. Proposed Condition No. 11 was deleted of the September 24, 2001 public hearing 12. That the vacuum and dryer equipment shall be entirely enclosed in the equipment room; and that the doors to the equipment room shall be solid core construction and equipped with self-closing davices. 13. That no banners or other advertising visible to adjacent streets shall be displayed inside the car wash tunnel unless a Special Event Permit is first obtained.. 14. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on fle with said Department. Said storage area(s) shall be designed., located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage area(s) shall be protected from graffiti opportunities by the use of plants such as minimum one (1) g211on sized clinging vines planted on maximum three (3) foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. -2- P C2001-138 15. That a plan sheet for solid waste storage and collection acid a plan for recycling shall be submitted to the Streets and Sanitation Division for review and approval °- 16. That anon-site trash truck turn-around area shall be provided in accordance with Engineergg Standard Detail No. 610 and maintained to the satisfaction of the Streets and Sanitation pivision. Said turn-around area shall be specifically shown on the plaris submitted for building permits: 17. 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 through 3, and as conditioned herein. 18. That prior to commencement of the activity authorized by this resolution, or prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos.-2, 14, 15 and 16, 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. 19. That prior to the commendement of the activity authorized by this resolution or prior to final building and zoning inspections, whichever occurs first, Condition Nos. 12 and 17, above-mentioned, shall be complied with. 20. 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. 21. That the petitioner stipulated at the September 24, 2001 public hearing, that signs were posted throughout the property advising customers not to loiter or trespass on adjacent properties. 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 September 24, 2001. , (Original signed by J. Vanderbilt) CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: (Ori~irl signed by Eleanor Fernaodesl SECRETARY. ANAHEIM CITY PLANNING COMMISSION -3- P C2001-138 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. ... _._ _ CITY OF ANAHEIM ) I, Eleanor Fernandes, 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 September 24, 2001, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL. KOOS, VANDERSILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: EASTMAN IN WITNESS WHEREOF, I have hereunto set my hand this day of 2.00E (Original signed by Eleanor Fernandes). SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2001-138 ITE11 N0. CL RCL 61-62-47 RM-1200 FIRM RCL 59-60.113 VAR 1454 RCL 60-61-8 1 DU VAR 2155 s APARTMENTS VAR 1285 ADJ 0025 41 DU AI'TS• ML CHIROPRACTIC CLINIC 30 DU RcL 6o-6L36 CUP 2217 RCL 590-113 CUP 3956 RSA-x3,000 cup 837 Y.M.C.A. RS A 43 000 cupizz t0u - - , CL LOARA ELEMENTARY SCHOOL '" RCL 59-60-173 CUP 1451 CL " MURG PLAZA 60-61-63 COMM. SHOPS gNAHEIM CL MEDICAL SQUARE 60-61-63 RGL B4HB5-06 cL MEDICAU OFFICE IRmay"L RCL 5910.11 DENTAL BLDG. RCL SB-00.113 CUP 3062 OFFICES cup 3760 CHURCH SERV. SfN. 8 MINI MART 1 5 I ' ® 81 5 CL I RCL 90-91-24 CL 55-56-2 56-564 CUP 3358 VAR 2353 ' V-700 5 OFFICE F- SRV. STN. BUILDING' W LU CL G_ CL 55-56-2 , ~ 55-56-2 VAR 2353. RM-1200. ~ 53 VA V-1081 61-62.82 ~ BAR SMALL SHOP S CUP 333 & LIQUOR CUP 220 J LE CHATEAU IV ARMS U c L APA NTS ~ 55.5 CUP 6-2 2092 96 DU LLI \/OA 10.R0. CL 55.56.2 OFFICE orflc6 RM-1200 RCL 65.66-50 eB VAR 1869 I APARTMENTS Ssr_ 88 DU Conditional Use Permit No. 931 TRACKING NO. CUP2003-04729 Requested By: SHANA ARASTOO BROADWAY -®I so' ~- 7T-fie-t e 1 ~~;7 RS-A-43,000 ~es ?f -"' oL .~ ',~. T-CUP 2003.04729 PIOR 69.60-2 s~ 0 T-CUP 2007-04354 Ta cuPeO .. w, PRE m CUP 931 ~~ cHOO ROYAL HEALTH CARE mAr «;u t` CARE BOARD AND CARE FACILITY RSA-03,000 C U CH H R RM-1200 55-Sfi-15 SHERWOOD RIVIERA RM-1200 APARTMMENTS RCL 87-8&19 60 DU 59-60-2 CUP 2952 BEL' AGE MANOR SENIOR APARTMENTS 179 DU TEDMAR AVE a rz` ~: Subject Property Date: July 26, 2003 Scale: 1" = 200' Q.S. No. 54 f- tn ~ cu J A D REQUEST REINSTATEMENT OF THIS PERMIT BY THE MODIFICATION OR DELETION OF A CONDITION OF APPROVAL PERTAINING TO A TIME LIMITATION (APPROVED ON JUNE 18, 2001 TO EXPIRE JUNE 18, 2003) TO .RETAIN A 80ARD AND CARE FACILITY FOR MENTALLY DISABLED ADULTS. 1652 West Broadway -Royal Health Care 848(2003-7-22) 'Staff Report to the Planning Commissioh :July 28,2003 Item No. 3 3a. CEQA CATEGORICAL EXEMPTION -CLASS i (Motion) 3b. CONDITIONAL USE PERMIT N0. 931 (Resolution) , (TRACKING NOICUP2003-04729) `` SITE LOCATION AND DESCRIPTION: (1) This rectangularly-shaped 0.42-acre property has a frontage of 90 feet on the south side of Broadway;'a maximum depth of'205 feet and is located 815feet east of the centerline of 'Euclid Street (1652 West Broadway -Royal Health Care). REQUEST: (2) The petitioner requests reinstatement of this permit by the modification or'deletion of a condition of approval pertaining o a time Iimitatiort (approved on June 18;!2001, to expire June 18, 2003) to retain a bcard and care facility for mentally disabled adults under the authority of Code Section 18:03.093, BACKGROUND: (3) This property is developed with an existing'two-story board and care facility and is zoned RS-A-43,000 (Residential/Agriculture). The Anaheim(General Plan Land Use Element Map designates'.'this site for Low-Medium Density Residential land uses, Further, the General Plan Land Use Map indicates the following designations for the surrounding properties: to the north (across Broadway) as' an Elementary School Site; east and south for Low-' Medium Density Residential land uses; and west for Commercial Professional land uses. (4) Conditional Use Permit No. 931;(to permits 40-bed rest home with waivers of required setback and minimum number of parking spaces [11 ispaces proposed; 53 spaces ' required]) was approved, in part; by the Planning Commission on May 8, 1.967. On June 18, 2001, the Commission approved a modification to this permit (Tracking No. CUP2001- 04354), which altered: the previously-approved rest home to allow board and care for 66 adult residents (ages 18-59). Condition No. 1 of Resolution Na PC2001-77 (approving the modification) contains the following condition of approval: "i. That the maximum number of adult residents (ages 18-59 years) shall be limited to (66) mentally disabled persons (th(rty-eight [38] ambulatory and twenty-eighf [28] non-ambulatory) screened for successful integration into a residential setting. This portion of the: conditional use permit shall expire two: (2) years from the date of this resolution ornJune 18,.2003" DISCUSSION: (5) br. Arastoo, owner and operator of Royal Healthcare, has submitted a request for 'reinstatement and deletion of a`conditioh of approval: pertainingao a time limitation, to retain a board and care for mentally disabled ambulatory residents ages 18-59 years. The petitioneralso requests that the maximuminumber of residents be increased from sixty-six (66) to seventy (70) adults. Thee.. current license (attached) limits the facility to 66 residents. `.The owner: has not yet received'a copy ofahe updated license a demonstrate that the facility has,been approved for the additional residents. sr1122cw page 1 Staff Report to the Planning Commission July26, 2003 Item No. 3 (6) The Commission may wish to note that this is a coed facility. According to the State Department of Social Services, Community Care Licensing Division; they do not control' or regulate coed room and board; however, they do encourage rooms to be occupied by residents of the same sex: (7) In order to demonstrate that the findings required for the reinstatement of this use have been!satisfied,ahe petitioner has submitted the'attached "Justification for ReinstatemeriE' and letter of request which indicate that no aspect of the operation fias changed since the last approval, that the pfiysical property has remained the same, and that all conditions of approval pertaining to the permit have been complied with. ,~ . em.. ~„e„ t r k. z ~, ,ten r .,ter,,. r ~ ~''t ," ., a~'[~"' ay p~ ~ ~ 4.' r. 'f ;. x 8Wf y ~~ ~ e d4 F r.~` ~ ~, , s i ~~~ < r'a ~'a 1 i ~ s~ t w ~ f A d h9 d. 'If b" ~ ~"'` `' J `t'm ~ c sue- ^,', fC ~ ,.~ . `~" ~'~. ~~., ~ a ~ ,~~ :~ nc s~--~.~t~; 8t ~,f r.. ~z~ra y, s< ,=, S Y g y t"" Z c. § 4 ~.~>1e~ ~ ~ N /f . r Fig' i r? xx qr&s, ~ 'wt~+'.F t `~ ~,~' t+, ~~~~,~ ~e~~f ~t fq :~ "O.'sF. r ~- ~ -i ~i~ .x30 LE~ r4' ~N ~~Y6~'i =lo -~ '144.r, ~d`~Y cf .IZ'Ip t ;'~ `t"s'~~'sTJ'rs+.., c.. ~ ~3' r r. .e -ii ~°6~„~~i~~a{ L~w(t ~ 4 3 v ~~ Royal Healthcare -1652 West Broadway (t3) The Code Enforcement Division has submitted a memorandum dated May June 16, 2003, regarding the current status of the property. The memorandum documents that the petitioner is complying with conditions of approval, the property is well maintained and that there have been no complaints received for this facility within the past two years. (9); Stafffias inspected the property and has determined that he board'and care facility is operating as intended and is being conducted in a manner not detrimental to She surrounding neighborhood. The staff inspection revealed that the existing freestanding sign is not being used. The applicant has told staff that they intend to replace the freestanding sigrtwith a walt;sign in compliance with Code requirements. The applicant also told staff:. thatthey are refurbishing;theiandscaping along Broadway. Staff recommended that the' existing ground mounted utility equipment be screened from view by fast growing shrutis. (10) Staff is supportive of the petit(oner's!request to'delete the condition of approval pertaining to the t(me limitation as well as to increase the: maximum' number of residents from sixty-six (66) to seventy (70). The Commission should'rlote thaf the purpose' of the previous time Page: 2 Staff Report to the r Planning'Commisson 'July 28,'2003 !Item No. 3' limitation was to monitor the transition from a rest home for elderly to board and care for adults. Since the transition has aken place, there have been np Code Enforcement violations or neighborhood complaints and the property has been well maintained. ' 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 CEQA Guidelines and is therefore, exempt from the requirement to prepare additional environmental documentation. GROWTH MANAGEMENT ELEMENT ANALYSISc (12) The proposed project has been keviewed by affected City departments to determine whether if conforms with the City's Growth: Management Element adopted by the City Council on March 17,:.1992. Based on City staff review of the proposed project, it has been 'determined that this'project does not fit within the scope necessary to require a Growth .Management Element analysis; therefore,' no analysis has been performed. FINDINGS: (13) Before the Planning Commission grants any conditional use permit, it must make a finding df 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; he Zoning Code, o[that said use is not listed therein as being's permitted use; (b) That the proposed use will not adversely affect the adjoining land uses and 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 proposed use is adequate to allow the full development of the proposed use in a manner not detrimental toSfie particular area nor o the peace, health,: safety, and general welfare; (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 peace; health safety and general welfare of the citizens of the City of Anaheim. (14) Subsection 18.03.093.040 of the Zoning Code requires that before the Commission grants reinstatement of the approval'tiy extension of any time limitations for an additional period or :periods of ime, or such time limitation Is deleted or modified, the applicant must present revidence to establisft he following findings: (a) The facts necessary to support each and every required showing for the issuance of such entitlement as set forth in Chapter 18:03 exist; (b) Said permit is being exercised substantially in the same manner and in conformance with all conditions and stipulations originally approved by the approval body; Page 3 Staff Report to the Plahning Commission July 28, 2003`. Item No. 3 (c) Said permit is being exercised in a manner not detrimental to the particular areaand surrounding land"uses, nor to the public peace, health and'safety and general welfare and (d) With regard only to any deletion of a time limitation, such deletion is necessary to permit7easonableoperationunderthe'permitasgranted. 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 putilic hearing„the Commission take the following actions: (a) By motion, determine that the pro]ect is Categorically Exempt under Section 15301, i Class 1; (Existing.. Facilities) of the CEQP, Guidelines. (b) By resolution, a ?ove reinstatement of Conditional Use Permit No. 931 (Tracking No. CUP2003-04729) to retain a board and care facility and'3ncrease the number of residents from sixty-six (66)'to seventy;(70) [28 non-ambulatory and 42 ambulatory] mentally disabled:adults (ages 18-59 years), who have been screened?to successfully integrate into a'residentiai`setting, without timelimitation, based on the following: (i) That this permit has been substantially operated in the same manner as originally approved by the Commission. Code Enforcement Division has inspected the premises'and has determined that the facility is in compliance with all applicable conditions of approval. (ii) That the permit is being'exercised'in amanner not detrimental to the particular area and surrounding land uses, as evidenced by the absence of Code Enforcement Division complaints for this property. i' (iii) That there have been no changes o the applicable zone standards that would invalidate the findings,tfiat were the basis forthe original approval. of this permit. (c) ! Staff further recommends that the Commission amend Resolution No: PC2001-77 in its entirety, to be replaced by a new resolution with the following conditions of approval based on the finding that the modification is necessary to permit the reasonable operation of this board and`care facility (condition nos. 1, 2 16 and 17 are new and/or modified conditions): 1. That the maximum number of adult residents (ages 18-59 years) shall be limited to (70) mentally disabled persons'(forty-two [42] ambulatory and twenty-eight [28] non:ambulatory) screened for successful integration- into a residential setting. 2. That ail existing ground-mounted utility equipmentbe screened from view. 3. That all serv(ces, including meals provided by this facility, shall be for the residents afthis address (1652 West Broadway) only. Page 4 Staff Report to the Plannirg Commission July 28;'2003 :'Item No. 3; 4. That a valid business license shall be maintained for this facility from the Business'Licensebivision of the City ofAnaheim Planning Department. 5. That the number of resident vehicles shall at no time exceed the number of available parking spaces on the premises, which spaces areopen and accessible. 6, That thepetitioner shall provide atwenty-four (24) hour per day, on-site i manager,who will be responsible for responding to%any neighbor's concerns regarding the facility. That the name and telephone number of the on-site manager shall be kept on filewith the Code Enforcement Division. 7. That the trash storage areas shall be maintained in`a manner satisfactory to the Public Works Department; Streets and Sanitation Division. 8. -That thepetitioner shall furnish a copy of the license, with any attached conditions, issued. by the State of California Sociaf Servicesl Community Care Licensing Division'authorizing the operation of the' adult care facility for seventy'(70) residents to the Zoning Division of the Planning Department. Said conditions shall become conditions of this resolution. 9. `That the existing structure shall comply with the minimum standards of the city of Anaheim including the uniform Building, Plumbing, Electrical, Housing, Mechanical and Fire codes as'adopted by the City bf Anaheim. 10. 'That the property shall be permanently maintained in an orderly fashion through he provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within the twenty-four (24) hours from time of occurrence. 1 L ;That the operation of this facility shall be limited to'a non-medical board and care, dispensing of prescribed medications and assisting with activities of daily living. 12. That all existing mature landscaping shall be maintained and immediately replaced in the event that itbecomes diseased or dies. 13. That the: granting of the parking waiver is contingent upon operation of the use in conformance with the assumption and/or conclusion relating to the operation and intensity of use as contained in the parking demand study that formed the basis for approvalbf said waiver. Exceeding, violating, intensifying or otherwise deviating,from any'of said assumptions'and/or conclusions, as contained in the parking demand study, shall tie deemed'a violation of the expressed conditions imposed upon said waiver which shall subject this conditionai use permit to termination or modification pursuant to the provision of Sections. 18.03:091 r and 18:03.092 of the Anaheim Municipal: Code. 14. 'That no signs shallbe visible off-site identifying thts use as aboard and`care facility. ? 15. ` That subject property shall be maintained in accordance with plans and r specifications submitted to the City of Anaheim by he petitioner and which plans are on file ih the Planning Department marked Exhibit Nos. 1 and 2 of Page 5 Staff Report to the Planning Commission ` July 26, 2003: Item No. 3 Conditional Use Permit No. 931 (as amended Tracking No. CUP200f-04354) and as conditioned herein. 16. That the existing landscaping along Broadway shall be refurbished with new shrubs and groundcover. ' 17. That the unused freestanding sign adjacent to Broadway shall be removed. 18. That within sixty (60) days from the date of this resolution, Condition Nos. 2; 16 and 17, above-mentioned shall be complied with. 19. That approval of this application constitutes approval of the proposed request only to the extent thatit'complies-with the Anaheim Municipal Zoning Code and any other applicable City, State and Federai`~egulations. Approval does riot :include any action or findings as to compliahce or approval of the request regarding any other applicable ordinance, regulation dr requirement. Page 6 ATTACHttENT - ITEM N0. 3 RESOLUTION NO. PC2001-77 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING RESOLUTION NO. PC67-92, ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 931., AND PERMITTING THE MODIFIED USE FOR A PERIOD OF TWO YEARS UNTIL JUNE 18, 2003 WHEREAS, on May 8, 1967, the Anaheim City Planning Commission did adopt Resolution No. PC67-92 to approve Conditional Use Permit No. 931 and permit establishment of a rest home at 1652 West Broadway; that waivers of required setback, parking within a setback and parking requirements were denied; and that the approved plans illustrate a 40-bed rest home; and WHEREAS, the property. is developed with a 40-bed rest home (Amaryllis Court) in the RS-A-43,000 "Residential Agricultural" zone; and that the General Plan land use designation is Low- Medium Density Residential; and WHEREAS, the petitioner has requested modification to the operational conditions of the existing rest home to permit a board and care facility for mentally disabled adults aged 18 to 59 years, to increase the number of clients from 40 to 66 persons, and to permit waiver of the minimum number of parking spaces; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 18, 2001 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 that the hearing was continued from the meeting of May 21, 2001; 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 amending the existing conditional use permit is properly a use which is authorized by the Anaheim Municipal Code to permtt a board and care facility,for mentally disabled adults aged 18 to 59 years and to increase the number of clients to 66 persons with. waiver of the following:: Sections 18.06.050.026.0265 - Minimum number of parking spaces. and 18.21.066.010 (53 required; 11 proposed) 2. That a parking study was prepared for the proposal by Kimley-Horn and Associates and dated May 21, 2001, and concluded that a maximum of 10 parking spaces are required to meet the peak demand of the use, as proposed to be amended; and that the City Traffic and Transportation Manager concurred with parking study. 3. That the parking waiver, under the conditions imposed, will not cause fewer off-street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use.... 4. That the parking waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use. Tracking No. CUP 2001-04354 CR5112PK.doc -1- PC2001-77 5. That the parking waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use (which property is not expressly provided as parking far such use under an agreement in compliance with Section 18.06.010.020 of the Anaheim Municipal Code). - 6, That the parking waiver, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for such use. - 7. That the parking waiver, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. 6. That amending the use, as proposed, will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located; and that the existing use has operated since 1967 and no Code violations have been identified: 9. That the size and shape of the site for the use, as proposed to be amended, is adequate to allow full development of the proposal in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare; and that the facility has operated as a 40-bed facility since 1967, and the increase to 66 clients will be accommodated within the existing building. 10. That the traffic generated by the use, as proposed to be amended, will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and that this is a care facility where few residents maintain vehicles on-site or travel to and from the site by vehicle on a regular basis. 11. Thaf amending 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. 12. Thaf no one indicated their presence at the public hearing in opposition to the proposal; that two people spoke in favor of the proposal; that one person spoke asking for clarification regarding the proposal; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's 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. PC67-92, adopted in connection with Conditional Use Permit No. 931, to permit a board and care facility for sixty six (66) mentally disabled adults aged 18 to 59 years with waiver of the minimum number of parking spaces; and BE IT FURTHER RESOLVED that the conditions of approval be amended in their entirety to read as follows: 1. That the maximum number of adult residents (ages 18-59 years) shall be limited to sixty six (66) mentally disabled persons (thirty [38] ambulatory and twenty eight [28j non-ambulatory) screened for successful integration into a residential setting. This portion of the conditional use permit shall expire two (2) years from the date of this resolution on June 18, 2003. 2. That the petitioner shall furnish a copy of the license, with any attached conditions, issued by the State of California Department of Social Services, Community Care Licensing Division, authorizing the operation of the adult care facility to the Zoning Division of the Planning Department. Said conditions shall also become conditions of this resolution. 2- PC2001-77 3. That the existing structure shall comply with the minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Housing, Mechanical and Fire Codes as adopted by the City of Anaheim. 4. That the number of resident and staff vehicles shall at no time exceed the number of on-site parking spaces, which spaces are open and accessible. 5. 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. 8. That all existing mature landscaping shall be maintained and immediately replaced in the event that it becomes diseased or dies. 7. That the granting of the parking waiver is contingent upon operation of the use in conformance with the assumptions and/or conclusions relating to the operation and intensity of use as contained in the parking demand study that formed the basis for approval of said waiver. Exceeding., violating, intensifying or otherwise deviating from any of said assumptions and/or conclusions, as contained in the parking demand study, shall. be deemed a violation of the expressed conditions imposed upon said waiver which shall subject this conditional use permit, to termination or modification pursuant to the provisions of Sections 18.03.091 and 18:03.092 of the Anaheim Municipal Code. 8. That prior to commencing operation of this use, a valid business license shall be obtained from the City of Anaheim Business License Division of the Finance pepartment. 9. That all services, including meals, provided at this facility shall be for the residents of this address only (i.e., 1652 West Broadway). 10. That there shall be a twenty four (24) hour-a-day on-site manager who will be responsible for responding to neighborhood concerns regarding this facility. The name and telephone number of the manager shall be submitted to and kept on file by the Code Enforcement Division. 11. That operation of this facility shall be limited to non-medical board and care, dispensing of prescribed medications and assisting with activities of daily living. 12. 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 for Conditional Use Permit No. 931, as amended (Tracking No. CUP 2001-04354), and marked Exhibit Nos. 1 and 2, as conditioned herein. 13. That within a period of one (1) month from the date of this resolution, Condition Nos. 2, 8, 10 and 12, 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. 14. 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 uppn 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. -3- PC2001-77 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 18, 2001. iUri~inal si~neQ by John Koo>Ir) CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: Original signed by Eleanor Fernandes) SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Fernandes, 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 June 18, 2001, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, KOOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BRISTOL IN WITNESS WHEREOF, I have hereunto set my hand this day of 200E (Original signed by Eleanor Fernandes) SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2001-77 ATTACHttENT - ITEf1 N0. 3 PETITIONER'S STATEMENT JUSTIFICATION FOR REINSTATEMENT _:,_ ° Section 18.03.093 of the Anaheim Municipal Code requires that before any conditional use permit dr variance containing a time limitation can be reinstated for an additional pedod of time, or before such time limitation may be deleted or modified by the Planning Commission or Zoning Administrator, the following must be shown: 1. The facts necessary to support each and every required showing for the issuance of such entitlement as set forth in the following excerpts from the Anaheim Zoning Code still exist: 18.03.030 (Relative to Conditional Use Permits) Before the City Council or Planning Commission may grant any request for a conditional use permit, it must make a fnding of fact, by resolution, that the evidence presented shows that all of the following exist: .031 That the proposed use is properly one for which a conditional use permit is authorized by this code, or is not listed herein as being a permitted use; .032 That the proposed use will not adversely affect the adjoining land uses and 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 nor to the peace, health, safety and general welfare; .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; .035 That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim; 18.03.040 (Relative to Variances) Before any variance may be granted by the Planning Commission it shall be shown: .031 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; .032 That, because of special circumstances shown fn .031, 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 by the approval body; 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 lime limitation, such deletion is necessary to permit reasonable operation under the permit or variance as granted. ° 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. 1. 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 ~(NC There have been no changes to the physical aspect of the property for Explain: which the use was granted since the issuance pf the use permit. (over) CASE NO. rll^ AIf1 _Q ~ 1 .;'.tip 2. Have the land uses in the immediate vicinity changed since the .issuance of this use permit or varfance7 ^ YES JQ~ NO There have been no changes in land uses in the immediate vicinity since Explain: issuance of the use permit. 3. Has any aspect of the nature of the operation changed since the issuance of this use permit or variance? ^ YES H~ NO There have been no changes in the nature of the operation''L'~~T Lf Explain: since issuance of the use permit. 4. Are the conditions of approval pertaining to the use permit or variance being complied wfth? IiKYES ^ NO The applicant has complied with all conditions of approval pertaining Explain: to the use permit. b 5. If you are requesting a deletion of the time limitation, is this deletion necessary for the continued operation of this use or variance?X1S](YES ^ NO Explain: Applicant plans to operate the Board and Care facility indefinitely. CARLOS F. NEGRETE, ESQ Name of Progeny Owner or Authorized Agent (Please Prinq 6/2/03 r erty Ow uthorized Agent Dale 206225JI000C 12!97 CASE 2 CUP N0. - 9 31 1"i ATTACHMEt~T - ITEP1 N0. 3 MEMbRANDUM _ CITY OF ANAHEIM Code E~ forcemeat Dirision DATE: JUNE 16, 2003 TO: CHARITY WAGNER, PLANNER FROM: \~"hEN MARSH, CODE ENFORCEMENT OFFICER SUBJECT: INSPECTION OF THE PROPERTY LOCATED AT 165? W. BROADWAY FOR REINSTATEMENT OF C.U.P. #931 On Tuesday, April 8, ?003, I conducted a compliance inspection of the property located at 165? W. Broadway, and observed that the property was in compliance with the Conditions of Approval for C.U.P. #931 and all Anaheim Municipal Codes. I conducted the inspection with Dr. Shana Arastoo, President of Royal Healthcare Inc. a Condition #1 -There were 66 adult residents beriveen the ages of 18 and 59. Ms. Arastoo stated that she would be applying to increase the total maximum residents allowed to 70. Condition #4 -There were 10 parking spaces at the rear of the building and two at the front of the driveway. I observed only five vehicles to be parked at the reaz of the residence during my inspection. ® Condition #6 -The landscaping was in good order but still could be maintained in a better manner. Ms. Arastoo stated that she was= in the process of refiubishing the landscaping. o Condition #8 -There is a valid City of Anaheim Business License for the residence (BUS2003-04530) (See the attached copy of the Business License printout.) Condition #?10 -There is a manager on duty at all times during the day and night. The exterior of the property was well maintained. The interior of the residence was extremely clean and well kept. A]] floors were clean and polished. The rooms were all very neat and tidy. There have been no Code Enforcement cases at the residence for over two years. Please feel free to contact me at extension #4595 if I can be of further assistance. m1652 w hroadway ATTACHMENT - ITEM N0. 3 State of Calif®mia l.~cpartmenk of Social Services Fe~iiily Number: 306001434 Etletaive Date: 07/15/02 Total Ca achy: 66 i In accordance with applicable provisions of the Health and Saf ~ Code of California, and ils rules and reguladona; the Department of Social Services, h eby issue this License to ROYAL 'HEALTHCARE' INC. i .c operate and m.t °:, c,: •i ~ ADULT RESIDENTIAL I Name of Facility ROYAL HEALTHCARE INC. 1652 WEST BROADWAY ANAHEIM CA 92802 phis License is not ~~anslen~bls.an•.d is granted solely upon the following GE RANGE 18-59 MENTALLY DISABLED. 28 NON-AM~ULAT Y E 38 BOLA C Y ALE AND FEMALE> ALL NON-AMBULATORY ON THE FFRST F OOR ON ' i i Client Groups Ser,rr.tl: MoD® i Gamplalnts regard~~~~ v~r+:cr.s prov.tlrt.d ~n this lecilny sho~ltl b directe o: GRANGE COUNTY RES. DISTRICT OFFICE (714) 703-2840 ` MARTHA LOPEZ ~ ` Deputy Director, 'authorized Repre Dative Community Cere Lice n„ D visior. of Licensing A~:~en: t~»v~tsea~ r I ~~ POST IN ,4 PROMINEfdT PL~4CE ' --- .1 _____....~.. rNno~ st-n.~aawe wa s~:se Ee-zz-~nr ATTACNFIEMT .. ITEM N0. 3 Royal Healthcare Inc. July 15, 2003 1652 w. Broadway Anaheim, CA 92802 Tel: (714) 635-6561 Fax: (714) 635-6100 Attn: Dr. Arastoo, director Tel (949) 683-9472 Dear Ms. Wagner, Per your today's request: This is to inform you that We are requesting that our CUP be reinstated with NO TIME LIMITATION for 70 beds. Thank you very much for your continuous kind assistance in this matter. Please let me know if you need any other information. , nnSincerely, lam' 'f~ Dr. Arastoo, director ITEM N0. 4 M~ pg46o V PRVPR 4244 \\.D\NG \NUNStR\P\-Bu \ {yg-7266, 0.~~ a X74' 6~56~ AR X746 '°~ 1 Conditional Use Permit No. 1322 `~ Subject Property TRACKING NO. CUP2003-04725 Date: JuIy28,2003 Scale: 1" = 200' Requested By: SIDNEY E. BICKEL Q.S. No. 94 REQUEST REINSTATEMENT OF THIS PERMIT BY THE MODIFICATION OR DELETION OF A CONDITION OF APPROVAL PERTAINING TO A TIME LIMITATION (APPROVED ON FEBRUARY 11, 2002 TO EXPIRE MARCH 1, 2003) TO RETAIN AN AUTOMOBILE WHOLESALE AND RETAIL AUCTION FACILITY. 633 South East Street -Quartz Dealer Direct eas _. Staff Report to the Planning Commission July2t3, 2003 ' Item No. 4 4a. CEQANEGATIVEbECLARATION (PREVIOUSLY-APPROVED) (Motion).. 4b. s CONDITIONAL USE PERMIT N0: 1322 (Resolution) (TRACKING NOCUP2003-04725) SITE LOCATION AND DESCRIPTION: (1) Thls 1.9-acre, rectangularly-shaped property has a frontage of 240 feet on the west side of East Streetwith a maximum depth of 334 feet, and is located 182 feet north of the i `centerline of South Street (633'South East'Street -Quartz Dealer Direct). > REQUEST: (2) The petitioner requests reinstatement of this permit by the modification or'deletion of a 'condition of approval pertaining',to a time Iimitation'(approved do February 11, 2002; o 'expire on :March 1,'.2003) to retain an automobile wholesale and retail auction facilityunder authority of Code Section 18.03.093. BACKGROUND: : (3) This property is developed with an automobile auction facility and is zoned ML (Limited 'Ihdustrial).!,This property is located within the South Anaheim:Boulevard Corridor .Redevelopment Protect Area, and is designated for General Industrial land uses on the !Anaheim General Plan Land Use Map. Ttte surrounding land uses and zoning are indicated on the attached vicinity map. The General Plan Land,Use Element Map designates properties abutting the site (to the north, south and west) for General Industrial land uses. The General Plan designates properties across East Street (tn he east) for Low Density Residential land uses. (4) Conditional Use Permit No. 1322 (to establish auto and truck leasing) was: approved by the 'Commission in 1972.x' On November 22, 1999, the Planning Commission approved a :request to'~etain an unpermittetl wholesale automobile auction facility for a period of one (1) .year until November 22, 2000. This actioh was appealed to the City Council and isubsequently approved by the Council on February 1'; 2000, fora period of twenty (20) 'months to expire October 1,.2001. On February 11,..2002, the Commission reinstated this permit fora period ofbne year to expire on March 1,.:2003. Resolution No: PC2002-23 :adopted in'conjunctiort with thisilatest reinstatement contains the following condition of approvaC "1. Thaf this conditional use permit shall expire on March 1, 2003:' DISCUSSION: (5) The petitioner has submitted a request to reinstate Cpnditional Use Permit No. 1322 to retain an automobile wholesale'and retail' auction facility. In conjunction with the reinstatement, the petitioner requests that Condition' No. 1 of Resolution No. PC2002-23 be 'amended"td allow the permit to be reinstated for an additional iwo years. 'According o the petitioner,'this time is needed in order to relocate the business and construct facilities in `another city. (6) In order to'demonstrate that the findings required fo~Yeinstatement of this use permit have been satisfied, the petitioner has submitted the attached Justification for Reinstatement form indicating that the physical aspects of the property remairt the same, conditions of Sr8623vn Page i 'Staff Report to the Planning, Commissioh Umy 28, 2003 item No. 4< approval have tieen complied with, and that surrounding land uses in the immediate vicinity have not changed. (7)i The Code Enforcement Division staff indicate in the attached memorandum dated June 25, 2003;. that there are no outstanding complaints;pertaining'to this property and'staff inspections indicate the property is being properly maintained. (8)( This property is located within the Sduth Anaheim Boulevard Corridor Redevelopment Project Area. The Community Development Department has reviewed this request and concurs with Planning Department staffs recommendation to reinstate this permit for two years, to facilitate a smooth transition to another city. (9) The petitioner has indicated that the hours of operation would remain the same with auto 4 auctions conducted every,Monday and Friday and lasting approximately three hours and''. daily hours of operation on Monday from 8:30 a.m. to 9 pm., and Tuesday through Saturday from 9 a.m. to 5 p.m. (10) During previous hearings the business owner indicated a willingness to relocate into a more suitable location. Over the past three years the business owner worked with other cities to locate a larger more suitable location for this auction facility. The petitioner has indicated that they are processing the appropriate land use permitsfto relocate this facility to the City of Stanton. Because this business has operatetl in compliance with conditions'of approval during the last reinstatement period'and no Code Enforcement complaints have been received, staff recommends that this(permit be ~einstated',for a period of two (2) years to expire March 1,1:2005, allowing the business owner the opportunity to obtain entitlements and construct new facilities in the City of Stanton. CAI\/1O(lA1~ACAITAI IKAO A!`T AAIAI' VCIC. (11) Staff has reviewed the proposal to reinstate an"automobile wholesale and retail auction facility, and finds no significant adverse environmental impacts resulting from reinstating"the existing auctiortfacility. Therefore, staff recommends that the previously-approved Negative Declaration in connection with Conditional Use Permit No.'1322 (as readvertised and`approved by the Planning Commission onlFebruary 11, 2002) serve as the required environmental documentation for this request upon a finding by the Commission that thee: Negative Declaration reflects the independentjudgment ofthe leadagency and that it has considered the' Negative t7eclaration,together with any comments received during the public review process and further finding on the basisof the Initial Study (a copy of which is available for review in the Planning Department) and any comments'received that there is no substantial evidence that the project will have a significant effect on the environment.:: GROWTH MANAGEMENT ELEMENT ANALYSIS: (12) The proposed project has.been reviewed by affected City departments to determine whether it conforms with the City's Growth Management Element adopted by the City Council on March 17, 1992. Based on City staff review of;the proposed project, it has been determined that this project does nbffit within the scope necessary o require a Growth ManagemenhElement analysis, therefore, no analysis has been pertormed. Page 2 Staff Report to the Planning Commission July 28, 2003 Item No. 4 FINDINGS: (13) 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 proposed use is properly one for which a conditional use permit is authorized bythe Zoning Code, or hat said use is not listed therein as being's permitted use; (b) That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located; (c) That the size and shapebf the site for the proposed use'is adequate to allow he full developmentrbf the proposed use in a manner' not detrimental td the particular area nor o the peace, health, afety, antl general welfare; (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 tfie area; and (e) That the granting of the conditional use permik under the conditions imposed; if any, will not be detrimental to the peace, health, safety and general welfare of the'citizens of the City of Anaheim. (14) Subsection 18.03.093.040 of the Zoning Code requires that before the Commission'grants 'reinstatement of the approval by extension, modification or deletion, the applicant must 'present evidence toostablish the following: findings: (a) The facts necessary to support each and every required'showing for the issuance of such entitlement as sef forth in thisichapter exist; (b) Said permit is being exercised substantially ih`the samemanner and in conformance with all conditions and stipulations originally approved by the approval body; (c) Said permit isbeing 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 necessary to permit reasonable operation under the permifas granted. RECOMMENDATION: (15) Staff recommends that unless atlditional 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 that the Commission take the following actions: (a) Bymotion, determine that the previously-approved CEQA Negative Declaration serves as the;appropriate environmental documentation for this request. Page 3 Staff Report to the Planning'Commissioh :July 28, 2003 lltem No. 4 (b) ; By resolution, a rove this request for reinstatement of Conditional Use Permit No. i 1322 (Tracking No. CUP2003-04725) to retain an`automobile wholesale and retail auction facility fora period of two (2) years to expire March 1, 2005, based on the following: (i) :That this use is currently being exercised substantially in the same manner :and in conformance with all conditions and stipulations approved by the .:approval tiody on February 11,.2002, as required by'Subsection :18.03.093:040 of the Zoning Code. (ii) That field inspections by Planning Department staff indicate the propertyis :being satisfactorily maintained'and the applicant has demonstrated compliahce with all conditions of approval: (iii) That this use is being exercised in a manner which is not detrimental to the surrounding areas or land uses, nor to the public peace, healtfi, safety arid `general welfare. (c) Staff further recommends that the conditions of approval contained in Planning Commission Resolution No PC2002-23 be incorporated into a new resolution with the following conditions of approval: 1. That this conditional use permit shall expire on March 1, 2005. 2. That the hours of operation, except for off-loading of vehicles, shall be limited to the following, as stipulated by tfie petitioner: 8:30 a:m. - 9:00 p!m. on Mohday 9:00 a:m. - 5:00 p:m. on Tuesday through Saturday Automotive auctions may be conductetl on Mondays and Fridays fora' maximum of three (3) hourson each day during the hours specified above.': 3. Tftat all auction vehicles shall be operable and parked in the screened storage area only. 4. That the 10-foot wide landscaped planter area adjacent to Easf Street shalt be properly maintained with ground cover and shrubs as approved. by the Planning Department..': 5. That no required parking area shall be fenced or otherwise enclosed for outdoor uses other than parking.> 6. That the property shall'6e 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. 7. That the chain-link fence shall be`maintainetl and screened with PVC slats: Said slats sfiall be maintained in good condition. 8, That signage for subject facility sfiall be limited to the existing ahtl legally .permitted. signage. Any additional signage hall be subject to approval by,the Planning Commission as a Reports and Recommendations item: Page 4 Staff,Report to he Planning Commission July 28, 2003 Item No. 4 9. That trash storage areas shall be maintained in a location acceptable.to the Public Works Department, Streets and'Sanitatiori Division and in accordance with approved plans on file with said Department: Said storage areas; shall be ; designed, locatedand screened so a5 not to be readily identifiable from adjacent streetsbr highways. 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. 10:' That the applicant shall be responsible for maintaining the premises free of litter at all times. + 11: That auto maintenance andYepair shall not be permitted, nor shall there be any retail sales or display. 12; That there shall tie no off-loading of vehicles during the hours of 10 pm. to 6 a.m. 13: That off loading of vehicles shall be limited to Rose Street behind the auction facility.- 14 That on-site car washing shall be limited to washing with tap water or deionized water without thevse of soaps or detergents. Solvents or degreasers may tie used on a spot basis, but must be wiped off before the vehicle'is rinsed. 15 That any use of loud speakers shall not be audible to the residential properties. 16( That the applicant shall maintain an agreement recorded in the Office'of the Orange County Recorder with nearbyproperty owners for the appropriate number' of parking spaces for this uses as required by the Traffic and Transportation Manager, atdhe shopping centerlocated at9215 EastLincoln Avenue and/or such other nearby sites. The number of parking spaces shall be in excess of that which is required by Code by said commercial retail center and orany other off-site parking site. 17; That the subject property shall be developed substantially in accordance with plans and specifications submitted to the Ciry of Anaheim by the petitioner and which'plans are on file with the Planning Department marked Exhibit No. 1, Revision No, 1; dated February 1,2000, and as conditioned herein. 18; That approval of this application constitutes approval of the'proposed bequest only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal ~egulatiohs. Approval does not include anyaction or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. Page 5 ATTACHftEIJT - ITEM ff0. 4 PETITIONER'S STATEMENT JUSTIFICATION FOR REINSTATEMENT ° Section 18.03.093 of the Anaheim Municipal Code requires that before any conditional use permit or variance containing a time limitation can be reinstated for an additional period of time, or before such time limitation may be deleted.or modified by the Planning Commission or Zoning Administrator, the following must be shown: The facts .necessary to support each and every required showing for the Issuance of such entitlement as set forth in the following excerpts from the Anaheim Zoning Code still exist: 10.03.030 (Relative to Conditional Use Permits) Before the City Council or Planning Commission may grant any request for a conditional use permit, it must make a finding of fact, by resolution, that the evidence presented shows that all of the following exist: .031 That the proposed use is properly one for which a conditional use permit is authorized by this code, or is not listed herein as being a permitted use; .032 That the proposed use will not adversely affect the adjoining land uses and 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 fs adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare; .034 That the traffic generated by the proposed use will not impose an undue burden uporl the streets and highways designed and improved to carry the traffic in the area; .035 That thegrdnting of the conditional use perrhif under the conditions imposed, if any, will not be detrimental to the peace, health, safely and general welfare of the citizens of the City of Anaheim; 18.03.040 (Relative to Variances) Before any variance may be granted by the Planning Commission it shall be shown: .031 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; .032 That, because of special circumstances shown in .031, strict application of the zoning code deprives the property of privileges enjoyed by other properly 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 by the approval body; 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 hedessary to permit reasonablebperation under the permit or variance as granted. 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 1f additional soace is needed. 1. Has any physical aspect of the property for which this use germit or variance been granted changed significantly since the Issuance of this use p rmit or variance? ^ YES 0 Explain: , ~. t.!' ~.S ~~ ® ~ (over) CASE NO. /_~- ~~ ~~,-fd yip ~ao~ oy~aS 2. Have the land uses to the immediate vicinity changed since the issuance of this use permit or variance? YES ^ NO ~7 3. Has any aspect of the nature of the operation changed since the issuance of this use permit or variance? 'YES ^ NO nn ~I Explain: ~~~cCg~//~/S!z ~ ~/J~i/~.P1Ji/~~ l~4/~~ 4. Are the conditions of appro/val,,pe~rtaining tLo the use permit or variance being complied wi~thg? ~'ES Q N0 Explain: ~/ -r_iL.1~(~~97 ~ 6~~ ~'~-.r /'1_ _ _t-_-_'o ®~~ 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 Explain: ~'XT~ ~~ /~llf LlJf7//~ ~//~~SS /~~'CC~ _~/-~-~5 /y CiT.t' do 5%~/~/%~~ ~uiTiS~/.tJ ~'DrSar> ~i;"/~s~~iT~ Name of Prope Owner or Authorized " ent(Please Pdnq. /~JG ', Signature of Property Owner of Au razed Agen Date CASE N0. ~" ~ /~" 206225JK0CG 12/97 ~ CU~tiv ~3 ~ y z ATTACHftENT - ITEt1 tJO. 4 RESOLUTION NO. PC2002-23 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 1322 FOR A PERIOD OF TIME TO EXPIRE ON MARCH i, 2003, AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC72-145, AS AMENDED, ADOPTED THEREWITH WHEREAS, on June 26, 1972, the Anaheim City Planning Commission, by Resolution No. PC72-145, granted Conditional Use Permit No. 1322 to establish an auto and light truck teasing agency for commerce and industry at 633 South East Street with waiver of minimum site size; and WHEREAS, on February 1, 2D00, the City Council, by Resolution No.2000R-1 t3, amended said Resolution No. PC72-145 td retain an un-permitted automobile wholesale and retail auction facility at 633 South East Street in the ML (Limited Industrial) Zone; and that Condition No. 8 of said resolution specifies, "That this use shall expire twenty (20) months from the date of this resolution, on Octbber 1, 2001'; and WHEREAS, this property is developed with a car auction (Quartz Dealer Direct); that the underlying zoning is ML (Limited Industrial); antl that the Anaheim General Plan designates the property for General Industrial land uses, and WHEREAS, the petitioner has requested reinstatement of this conditional use permit to retain the automotive wholesale ahd retail auction facility under the authority of, and pursuant to, Code Section 18:03.093 of the Anaheim Municipal Code; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 11, 2002, 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 use is properly one for which a conditional use permit is authorized by the Zoning Code. 2. That the proposal, as amended, will not adversely affect the adjoining land uses arid the growth and development of the area in which it is located. 3. That the size and shape of the site for the proposal, as amended, is adequate to allow full development of the use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 4. That the traffic generated by the use, as amended, will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. That granting this reinstatement, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim: Tracking No. 2001-04497 COfd®ITIONAL USE PERMl7 ~o r ~- CR5297DM.doc - 1 - n , ,~ ~ ~t m ~~~ ~ /~~C2002-23 6. That this conditional use permit is currently being exercised in substantially the same manner and in conformance with all conditions and stipulations approved by the City Council on February 1, 2000, as required by Subsection 18.03.093.040 of the Zoning Code. 7. 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; and that field inspections by Planning Department staff indicate that the property is being satisfactorily. maintained and that the applicant has demonstrated compliance with all conditions of approval. 8. 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 QUALITYACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to retain an .automobile wholesale and retail auction facility on property consisting of a 1.9-acre rectangularly-shaped parcel having a frontage of 240 feet on the west side of East Street, a maximum tlepth of 334 feet, being located 182 feet north of the centerline of South Street, and further described as 633 South East Street (Quartz Dealer Direct); and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 1322 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 City Planning Commission does hereby reinstate and approve Conditional Use Permit No. 1322 for a period of time to expire on March 1, 2003; and BE IT FURTHER RESOLVED, that the Planning Commission does hereby amend Resolution No. PC72-145, adopted in connection with Conditional Use Permit No. 1322 and as amended by Resolution No. 2000R-18, to amend the conditions of approval in their entirety to read as follows: That this conditional use permit shall expire on March 1, 2003. 2. That the hours of operation, except for off-loading of vehicles, shall be limited to the following, as stipulated by the petitioner: 8:30 a.m. to 9:OO p.m. on Monday 9:00 a.m. to 5:00 p.m. on Tuesday through Saturday Automotive auctions may be conducted on Mondays and Fridays, for a maximum of three (3) hours on each day, during the hours specified above. 3. That all auction vehicles shall be operable and parked in the screened storage area only. 4. That the ten (10) foot wide landscaped planter area adjacent to East Street shall be properly maintained with ground cover and shrubs as approved by the Planning Department. 5. That no required parking area shall be fenced or othervvise enclosed for outdoor uses other than parking. 6. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. CR5297DM.doc - 2 - PC2002-23 7. That the chain-link fence shall be maintained and screened with PVC slats. Said slats shall be maintained in good condition. - ° - 8. That signage for subject facility shall be limited tb the existing and legally permitted signage. Any additional signs shall be subject to approval by the Planning Commission as a "Reports and Recommendations" item. - 9. 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 and highways. The walls of the storage area(s) 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. 10. That the applicant shall be responsible for maintaining the premises free of litter at all times. 11. That auto maintenance and repair shall not be permitted, nor shall there be any retail sales or display. 12. That there shall be no off-loading of vehicles during the hours of 10 p.m. to 6 a.m. 13. That off loading of vehicles shall be limited to Rose Street behind the auction facility. 14. That on-site car washing shall be limited to washing with tap water or deionized water without the use of soaps or detergents. Solvents or degreasers maybe used on a spot basis, but must be wiped off before the vehicle is rinsed. 15. That any use of loud speakers shall not be audible to residential properties. 16. That the applicant shall record and maintain an agreement with nearby property owners for the appropriate number of parking spaces for this use, as required by the Traffic and Transportation Manager, at the shopping center located at 1215 East Lincoln Avenue and/or at other nearby sites. The number of such parking spaces shall be in excess of that which is otherwise required by Code for the commercial retail center and/or any other off-site parking site. The covenant shall be submitted for review and approval by the Zoning Division of the Planning Department and the City Attorney's Office and shall then be recorded in the Office of the Orange County Recorder. A recorded copy of the agreement shall be submitted to the Zonirig Division. 17. 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 Revision No. 1 of Exhibit No. 1, dated February 1, 2000., and as conditioned herein. 18. 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of February 11, 2002. lOriginal signet by Craig Ankhony Arnclda CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION CR5297DM.doc - 3 - PC20D2-23 ATTEST: (Original signed 6y Eleancr Fernandes) SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA) ' COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Fernandes, 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 February 11, 2002, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: VANDERBILT IN WITNESS WHEREOF, I have hereunto set my hand this day of 2002. (Original signed by Eleanor Fernandes) SECRETARY, ANAHEIM CITY PLANNING COMMISSION CR5297DM.doc 4- RC2002-23 ATTACHt1ENT - ITEM N0. 4 RESOLUTION N0.2000R-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 1322 AND AMENDING RESOLUTION NO. PC72-145 . WHEREAS, on July 6, 1972, Resolution No. PC72-145 was adopted by the Planning Commission to grant Conditional Use Permit No. 1322 and permit an auto and light truck leasing agency for commerce and industry with waiver of minimum site size at 633 South East Street; and WHEREAS, this property is developed with an unpermitted wholesale car auction facility (Quartz Dealer Direct) in the ML (Limited Industrial) zone; and that the property is located within the South Anaheim Boulevard Corridor Redevelopment Project Area and is designated for General Industrial land uses by the Anaheim General Plan Land Use Element; and WHEREAS, the petitioner requests an amendment to this conditional use permit to retain the unpermitted automobile wholesale and retail auction facility; and WHEREAS, the permittee has now requested an amendment to the permitted use of the premises and to certain of said conditions of approval; and WHEREAS, the City Council held a duly noticed public hearing on February 1, 2000, at which hearing the City Council did receive and consider evidence, both oral and documentary, relating to said request; and WHEREAS, said City Council, 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 Section 18.61.050.050 of the Anaheim Municipal Code. 2. 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 located. 3. That the size and shape of the site for the use is- adequate to allow full development of said use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. GO[dDITIONAI USF PERM17 4. That the traffic generated by the us'e~W ~ ~ ~~17tty7b's-2-3n- undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. That amending 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. WHEREAS, the City Council hereby further finds and determines that the amendment of said conditions of approval in the manner hereinafter set forth is reasonably necessary to protect the public peace, health, safety or general welfare, or necessary to permit reasonable operation under said conditional use permit. NOW THEREFORE BE IT RESOLVED that the use of the premises authorized by Conditional Use Permit No. 1322 be, and the same is hereby, amended from "auto and light truck leasing agency for commerce and industry" to "automobile wholesale and retail auction facility." BE IT FURTHER RESOLVED by the City Council of the City of Anaheim that the conditions of approval heretofore imposed in Conditional Use Permit No. 1322 be, and the same are hereby, amended by the addition of the following new conditions, to read as follows.: "8. That this use shall expire twenty (20) months from the date of this resolution, on October 1, 2001. , 9. That the chain-link fence shall be refurbished and screened with PVC slats. Said slats shall be maintained in good condition. 10. That all auction vehicles shall be operable and parked in the screened storage area only. 11. That the ten (10) foot wide landscaped planter area adjacent to East Street shall be refurbished with additional ground cover and shrubs, as .approved by the Planning. Department. 12. That signage for subject facility shall be limited to the existing and legally permitted signage. Any additional signage shall be subject to approval by the Planning Commission as a "Reports and Recommendations" item. 13. That trash storage area(s) shall be provided and 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 from 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 1-gallon size clinging -2- vines, planted on maximum three (3) foot centers, or tall shrubbery. Said information shall be specifically shown on the plans submitted for Streets and Sanitation Division approval. 14. That the applicant shall be responsible for maintaihing the premises free of litter at all times. 15. That automobile maintenance and repair shall not be permitted, nor shall there be any retail sales and/or display. 16. That there shall be no off-loading of vehicles during the hours of 10 p.m. to 6 a.m. 17. That off loading of vehicles shall be limited to Rose Street behind the auction facility. 18. That on-site car washing shall be limited to washing with tap water or deionized water without the use of soaps or detergents. Solvents or degreasers may be used on a spot-by-spot basis, but must be wiped off before the vehicle is rinsed. 19. Deleted. 20. That the hours of 'operation, except for off-loading of vehicles, shall be limited to the following, as stipulated by the petitioner; Monday: Tuesday through Saturday: Monday and Friday: 8:30 a.m. - 9c00 p.m. 9:00 a.m. - 5:00 p.m. Automotive auctions for a maximum of three {3) hours each day, during the business hours specified above 21. That the owner of subject property shall submit a letter requesting termination of Variance No. 2699 (waivers of permitted uses and minimum number of parking spaces to expand retail bakery sales). 22. That within two (2) working days after final approval of this readvertised conditional use permit, the applicant shall obtain a valid business from the City of Anaheim Business License Division of the Finance Department. 23. That any use of loud speakers shall not be audible to any residential properties. 24. 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 Revision No. 1 of.Exhibit No. 1, and as -3- conditioned herein. 25: That within a period of two (2) months from the date of this resolution, Condition Nos. 9, 11, 12, 13, 21, 24 and 26, herein-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. 26. That the applicant shall enter into an agreement with nearby property owners for the appropriate number of parking spaces for this use, as required by the Traffic and Transportation Manager, at the shopping center located at 1215 East Lincoln Avenue and/or such other nearby sites. The number of parking spaces shall be in excess of that which is required by said commercial retail center and/or any other off-site parking site. The covenant shall be submitted for review and approval by the Zoning Division of the Planning Department and the City Attorney's Office and shall then be recorded in the Office of the Orange County Recorder. A recorded copy of the agreement shall be submitted to the Zoning Division. 27. 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, except as expressly amended ...herein, Resolution No. PC72-145 shall remain in full force and effect. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 1st day of February, 2000. ORIGINAL SIGNED BY TOPS DALY ORIGINAL SIGNED BY: MAYOR OF THE CITY OF ANAHEIM ATTEST: SH~RYLL SCHROEDER City Clerk CITY CLERK OF THE CITY OF ANAHEIM 34487.1 -4- ATT/1CHMENT-- ITEM N0. 4 RESOLUTION NO. PC99-201 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING RESOLUTION NO. PC72-145, ADOPTED IN CONNECTION WITH= CONDITIONAL USE PERMIT NO. 1322, TO RETAIN THE USE FOR ONE (1) YEAR WHEREAS, on July 6, 1972, Resolution No. PC72-145 was adopted by the Planning Commission to grant Conditional Use Permit No. 1322 and permit an auto and light truck leasing agency for commerce and industry with waiver of minimum site size at 633 South East Street; and WHEREAS, this property is developed with an unpermitted wholesale car auction facility (Quartz Dealer Direct) in the ML (Limited Industrial) zone; and that the property is located within the South Anaheim Boulevard Corridor Redevelopment Project Area and is designated for General Industrial land uses by the Anaheim General Plan Land Use Element; and WHEREAS, the petitioner requests an amendment to this conditional use permit to retain the unpermitted automobile wholesale and retail auction facility; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 19, 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 that said public hearing was continued to the September 27, October 11 and November 22, 1999 Planning Commission meetings; 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 Section 18.61.050.050 of the Anaheim Municipal Code. 2: 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 located.. 3. That the size and shape of the site for the use is adequate to allow full development of said use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 4. 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 - 5. That amending 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 df Anaheim. 6. That two people. indicated their presence at the public hearing in opposition to the proposal; and that correspondence was received in opposition to the proposal. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to amend Conditional Use Permit No. 1322 to permit and retain an automobile wholesale and retail auction facility on a 1.9-acre rectangularly-shaped property having a frontage of 240 feet on the west side of East Street, a maximum depth of 344 feet, being located 182 feet north of the centerline of South Street, and further described as 633 South East Street (Quartz Dealer Direct); and does hereby approve the Negative Declaration upon finding that the declaration CONDITIONAL USE PERMIT CR3819PK:DOC -1- No--~ ~~ P~99-201 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 amend Resolution No. PC72-145, adopted in connection with Conditional Use Permit No. 1322., to permit and retain an automobile wholesale and retail auction facility for one year; and AND BE IT FURTHER RESOLVED that the Planning Commission does hereby add the following new conditions of approval to said resolution: 8. That this use shall expire one (1) year from the date of this resolution, on November 22, 2000. 9, That the chain-link fence shall be refurbished and screened with PVC slats. Said slats shall be maintained in good condition. 10. That all auction vehicles shall be operable and parked in the screened storage area only. 11. That the ten (10) foot wide landscaped planter area adjacent to East Street shall be refurbished with additional ground cover and shrubs, as approvedby the Planning Department. 12. That signage for subject facility shall be limited to the existing and legally permitted signage. Any additional signage shalt be subject to approval by the Planning Commission as a "Reports and Recommendations" iteml 13. That trash storage area(s) shall be provided and 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 from 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 1-gallon size clinging vines, planted_on maximum three (3) foot centers, or tall shrubbery. Said information shall be specifically shown on the plans submitted for Streets and Sanitation Division approval. 14. That the applicant shall be responsible for maintaining the premises free of litter at all times. 15. That automobile maintenance and repair shall not be permitted, nor shall there be any retail sales and/or display. 16. That there shall be no off-loading of vehicles during the hours of 10 p:m. to 6 a.m. 17. That off loading of vehicles shall be limited to Rose Street behind the auction facility. 18. That on-site car washing shall be limited to washing with tap water or deionized water without the use of soaps or detergents. Solvents or degreasers maybe used on a spot-by-spot basis, but must be wiped off before the vehicle is rinsed. CR3819PK.DOC -2- PC99-201 19. That cars being rinsed shall be located near East Street in order to allow water run- off to enter the catch basin south of the subject property 20. That the hours of operation shall be limited to the following, as stipulated by the petitioner. Monday: 8:30 a.m. - 9:OD p.m. Tuesday through Saturday: 9:00 a.m. - 5:00 p.m. Monday and Friday: Automotive auctions for a maximum of three (3) hours each day, during the business hours specified above 21. That the owner of subject property shall submit a letter requesting termination of Variance No. 2699 (waivers of permitted uses and minimum number of parking spaces to expand retail bakery sales). 22. That within two (2) working days after final approval of this readvertised conditional use permit, the applicant shall obtain a valid business from the City of Anaheim Business License Division of the Finance Department. 23. That any use of loud speakers shall not be audible to any residential properties... 24. That subject property shall be develbped 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 Revision No. 1 of Exhibit No. 1, and as conditioned herein. 25. That within a period of two (2) months from the date of this resolution, Condition Nos. 9, 11, 12, 13, 21, 24 and 26, herein-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 16.03.090 of the Anaheim Municipal Code. 26. That the applicant shall enter into an agreement with nearby property owners for the appropriate number of parking spaces for this use, as required by the Traffic and Transportation Manager, at the shopping center located at 1215 Eask Lincoln Avenue and/or such other nearby sites. The number of parking spaces shall be in excess of that which is required by said commercial retail center and/or any other off-site parking site. The covenant shall be submitted for review and approval by the Zoning Division of the Planning Department and the City Attorney's Office and shall then be recorded in the Office of the Orange County Recorder. A recorded copy of the agreement shall be submitted to the Zoning Division. 27. 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 22, 1999. (Qri;in2! sjgned by PS,yllis R. Bcydstun) CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION CR3819PK.DOC -3- PC99-201 ATTEST: ,fOrlginal algned by Margarita Saleriel 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 November 22, 1999, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this day of 1999. (Original signed by Margarita Solorio) SECRETARY, ANAHEIM CITY PLANNING COMMISSION CR3819PK.DOC -4- PC99-201 I 1 Ln Ivu, LBERTSON'S CL RCL 57-58-1 B --CUP 2003-0472 --CUP 2002.0462 CUP 2001-04451 CUP 2001-04433 CUP 3642 CUP 2608 CUP 1685 CUP 1655 VAR 2037 VAR 1912 S PCN 2003-00012 (CUP 3425) (CUP 27561 1980 CL 7475-24 CUP 1928 CUP 1784 CUP 369 SYCAMORE PLAZA NEIGH80RHOOD SHOPPING CENTER 4 DU EACH RM 1200 RCL BDB1-15 CUP 2129 ~ PARKING o p j CL ~ a~ RCL 80.81-15 ~ ~~ RCL 66-07-58 ' o: U CUP 2126 ' McDONALD'S REST. W J J m ;. ?; ~ o ar O '' ~. m ~'yx r W ~~ s W F°~, ' O r% cL U RCL 65-6671 tJ l RCL 65.66-70 CUP 2091-04489 . RCL 57-5618 T•ADJ 2002-00224 ~ PCN 97.12 SHOPPING Q rJ o CUP 2411 CENTER ~ o VAR 2490 - ~ _ ~ 5.8. _ RCL 7578-12 CUP 2001-04373 RCL 65-6672 RCL 8SBS89 VAR 281d5 fit-62-36 T-CUP 2003-04708 5q-55-21 FAMILY MEDICAL CUP 600 DFFICES FLOWER SHOP UL 01-82-38 545521 RS-A-43;000 CUP 262 V-BBB S CUP 1875 NT 0 m~N N CHURCH IP~875 U 1'1Nm O o ~' ~a ^ JP 102 ~ ( d NN S RCH AND NUa SCHOOL a oQ o¢ NW N n] n.~_ u,o v1n ¢~ a~ BANYAN LN CL RCL 57-58-18 ; ~ T CUP 2003-04726 r yr y T-CUP 2002-04621 f r " r CUP 2001-04451 r s ~ ` CUP 2001-04433 ' s ' ~ RM-1200 ° ~ ' ' ~ CUP 3642 s 3 ~s ~ ' RCL 67-88-30 o rs~r r , ,, ' CUP 2608 ,~"_. VAR 3732 ~~ rs ^" ' " s , CUP 1685 ~, r` i -. i GPA 346 ~ 0 ~" mar,; .~~ '~ CUP 1655 errs ~s;. ' APARTMENTS ~~ - r '` - ~ ~ ` ~ VAR 2037 ~ r sr" r ` 92 DU s VAR 1912 3 - ~ srr ~ y ter .z s < - PCN 2003-00012 '~ ,a s ~ (CUP 3425) ~ ' ` -; (CUP 2758) ~, rs (CUP 2339) = (VAR 2136 S) ~ > ~, _ r ,~~ .. (VAR 1980 S) ; ~ GRANADA ~xr ; ~ ,;r SOUARE ' i > > rhs e~-,~7e? s ~'" ~ s` fs ~ ' ~ RS-7200 / r r . ~s v~ ~; ' r VAR 326: : ss % }~x s'~ : y ! s -;t . , r. _. ~ , V-3265 540'-vj Ra.s7s616 LA PALMA A VENUE T•CUP 2003-04726 T-CUP 2002-04621 CUP 2001-04451 CUP 2 0 01-04 4 33 RS-A-43000 1 ° `~~' CUP 3642 ' S - - ~ ia 0 RcL 92 ~ CUP 2608 -~ VA6 ~ .H ~ q pU 5 DU ~i CUP 1685 D q DU CUP 1655 CUP 1947 RSA-43.000 VAR 2037 R&A-43 000 59.5a3q VAR 1912 5 :00 , V-1146 (Ras of Inc PCN 2003-00012 '36 V-865 ~' a6nn01 (RCL 55-56-28) \CH 1 DU VAR 2734 (CUP 3425) V-1245 (CUP 2756) CUP 2339 REDWOO 1 ou { ) NORTH REDWO OD DF (VAR 1980 6 RESTAURAN p T ~ Conditional Use Permit No. 2001-04433 rz< Subject Property TRACKING NO. CUP2003-04726 Date: July 28, 20D3 Public Convenience or Necessity 2003-00012 Scale: 1" = 200' Requested By: JERRY O' DONNELL O.S- No. 111 CONDITIONAL USE PERMIT NO. 2001-04433 (TRACKING NO. CUP2003-04726) -REQUEST TO AMEND THE CONDITIONS OF APPROVAL FOR AN EXISTING CONVENIENCE MARKET TO PERMIT RETAIL SALES OF BEER AND WINE FOR OFF-PREMISES CONSUMPTION. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2003-00012 - TO PERMIT RETAIL SALES OF BEER AND WINE FOR OFF-PREMISES CONSUMPTION WITHIN AN EXISTING CONVENIENCE MARKET. 1056 North State College Boulevard - Carniceria EI Palmar 846(2003-7-15) Staff Report to the Planning,Commissio Jmy 28, 2003 Item No. 5 5a, < CEQA CATEGORICAL EXEMPTION -CLASS 1 (Motion) 5b, CONDITIONAL USE PERMIT NO. 2001'.-04433 (Resolution) (TRACKING NO; CUP2003-047261 5c. < DETERMINATION OF PUBLIC CONVENIENCE OR (Resolution) !NECESSITY NOs2003=00012 i SITE LOCATION AND: DESCRIPTION:; (1) Property is'approximately 6.9 acres, located north and east of the northeast corner of State 'College Boulevard and La Palma Avenue with frontages of 460 feet on the east side of :State College Boulevard and 540 feet on the north side of La Palma Avenue (1056 North State College Boulevard - Carniceria EI Palmar). REQUEST: (2) The petitioner requests approval of the following: (a) Request to amend the conditions of approval for an existing convenience market to permit retail sales of tieer and wine for off-premises consumption under authority of Code Sections 18.03.091 and 1 13.44.050:195. (b) Determinatiort'of Public Convenience or Necessity to permit retail sales of beer and wine for off-premises consumptionwithin an existing convenience market BACKGROUND: (3) This property is developed with'an existing 89,450 square foot commercial retail ceriter 'with 30 tenant spaces and is zoned CL (Commerciai; Limited).;The Land'Use Element Map ' of the Anaheim General Pian designates this property for General Commercial land: uses. (4) Conditional Use Permit No. 2001-04433 (to establisfi land use conformity With existing 'Zoning Code land use requirements for an existing commercial'retail center, laundromat 'and liquor`store and to permit a convenience market) was approved by the Commission on September 24, 2001,: (5) Resolution No. PC2001-134, approved idconjunctioh with Conditional Use Permit No. 2001-04433, contains the following conditions of approval: "1. That the hours of operation for the convenience market shall be limited to 6 a.m. to 9: p.m. daily, as stipulated by the petitioner. Deliveries shall only take place from 12 p.m. to 3 p.m. and shall use east-facing doorways. 2. That no alcoholic beverages shall be sold orconsumed on the premises of the convenience market. 40. 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;' :PROPOSAL: (6) :The petitioner requests an amendment of this conditional use permit and`a determination Sr3034ey Page 1 Staff Report to t Planning Comm July28, 2003' Item No. 5 of public convenience or necessitgto allow the retail sales of beer and wine for premises consumption as an accessory product to the general retail sales of ai 3,750 square foot convenience market. (7) Thepetitioner has applied for a determination of public convenience or necess! to obtain a Type 20 (Off-Sale Beer and W ine)'.license. Due to a high crime rate overconcentration) withih the Reporting Distr(ct of this property, a determination convenience or necessiryiis required from the,City of Anaheim by the Departure Alcoholic Beverage Control (ABC). (8) The petitioner has submitted a revised floor plan (Revision 1 of Exhibit No. 2) fc previously-approved convenience market. Changes to the floor plan include tfiE a small food service area; a counter eating area and a display case for beer any new building floor area is proposed in conjunction witKthis request:: (9) The submitted letter of operation includes the applicant's`request to sell Mexica food'; approval o obtain a Type 20 license and: to modify the approved hours'of The applicant has described the following modifications: o The portion of the store dedicated to take-out would consist of a foodpr and service area'including a'counterwith ten orfewer seats. Beer and` proposed to be consumed oh-site. The request for approval to sell beer and wine for off-premises consum includes the applicant's desire to sell Latin-import and domestic beerar request, as stated above, is for off-premises consumption only. The petitioner also requests"to modify the hours of operation to 6:00 a.n midnight. The current hours of operation are 6:00 a.m. to 9`.00 p.m. TIi indicated to staff that their desire was to remain open until midnight only holidays. It should be noted',that the convenience market would continu operate from 6:00 a.m, to 9;00 p.m. far the majority of the year. ~~. ~~~ ~ ~ '~ ~ ~t `, ' ~ ~: ~ 5~ ~.~ ' ~ rt ~ ~ ~ s~~ ~ "~.j 1.. .,.~.. ~~~{ xfN.~ti.: ~ ifE~te~C?;C'I'lll~ ~ v ~;v ra ': 3.- 3 ~ t'y.~G,.a~ 'Y~r ~. t ~ ' r ~ , .uro '" d ~ ~~ r$ ~ ~~ r ~~~~rr ~~"' ~ x5 .2'~`f"~.%~c r~"6-.ar a.~<','~ `x" sa"m'~~~ ~-ve*`.,yr'~`~'s~" :: .L3 „~,'. ,,., „ ,.h . /r ^.xT, . ,.. am-w/ ~ lea . .d ,. v~ .~ „~.w,. ~~ View of existing convenience market ssion Page Staff Report to the :Planning: Commission `July 28, 2003 Item No. 5` ENVIRONMENTAL IMPACT ANALYSIS: (10) The Planning Director's authorized representative has'determined that the proposed project .falls within'the definition of Categorical Exemptions,Section 15301, Ciass,ll (Existing Facilities); as definedin the State CEQA Guidelines and is, therefore, exempt from the ''requirement to prepare additional environmental documentation. GROWTH MANAGEMENT ELEMENT ANALYSISi (11) The proposed project has beenreviewed by affected'City departments to=determine> :whether itconforms with the: City's Growth Management Element adopted. by the,City 'Council oh March 17' 1992. Based on City staff review of the proposed project, it has been :`determined that thisproject does not fit within the scope necessary to require a Growth Management Element analysis, therefore; no analysis has been pertormed. EVALUATION: (12) Convenience markets with take`-out food service and he retail sales of beer and wine for off-premises consumption are permitted to the CL zone subjectto approval of a conditional :use permit'. (13) With respect to the sales of prepared Mexican food within this convenience market, staff is isupportive'of the request. Since stake-out restaurant is permitted by right in the CL zone, 'the request primarily'felates to'the modification of the floor plan'associated with thebriginal approval for this convenience market. Atlditionally, staff feels that this modification would not have a'negative effect on the operation of this cdnveniencecmarket. (14) 'Relating to the request for a determination' of public convenience or necessity, the `Anaheim Police Department has submittetl a memorandum dated June,18, 2003, (attached),: stating that this property is located within Reporting District No: 1428, which (has a crime rate 30% above the City average. This property is-also located within Census ;Tract No-: 864.02,: where there are currently 3 licenses for retailsales of alcoholic beverages for off-premises consumption and 4 off-sale licenses are allowed. The Police `Department responded to this location 52imes from June 1,2002 througtr June 16,.2003, and no reports were taken. The calls included 4 audible burglary alarms and 1 petty theft. The reporting district to the north has a crime rate of,68 percent below,City average; the reporting'tlistrict to the south has a crime rate of 22percent above the City average, the "reporting district to the west has a crime rate of 133'percent atidve average and the: reporting district to the east has a crime rate of 26 percent above average. According to 'the Police. Department, any crime or report taken at the Policebepartment Headquarters contained in this reporting district, is reflected in the crime rate within this'reporting district. (15) Because the property is located in a police reporting district with a crime rate above the !.City average, State aw requires that thelocal agency make a determination of public 'bonvenience or necessity. (16) On July 11, 1995, the Anaheim City Council adopted, Resolution No. 95R-134 establishing procedures and delegating certain responsibilities relating to issuance of licenses by the State Department of Alcoholic Beverage Control (ABC) with regard to applications for licenses which would otherwise be denied but for the issue of whether public convenience or necessity would be served by issuance bf the license and where the City is responsible under State law to make such determination, the resolution delegates such determinations i to the Planning Commission with the rigfitof appeal (or review) by the City Council: Page 3 Staff Report to the Planning Commission July 28, 2003 Item No. 5 (17j Section 23958 of the Business and Professions Code provides that ABC shay;deny an application fora license if issuance: of that license would'tend to create a lawenforcemeht problem or if issuance would resulfn, or add to, an undue concentration of licenses, except when an applicant has demonstrated that public convenience or necessity would'be served by the issuance of a license. (18) The statementbf justification for determination of public convenience and necessity submitted by the petitioner (attached) indicates that there are no similar businesses and describes the business as providing'a service that is nofavailable at typical establishments in the area. The convenience market specializes in Latin groceries; food and merchandise. There are no schools or'single-family developments immediatelyadjacent to this site, however there is amultiple-family residential development adjacentto the rear of the store. The;applicant anticipates hat alcohol sales would account for approximately ten percent of the store's overall sales. (19) The Planning Commission establisfied a policy to determine whether a determination of- public convenience or necessity is appropriate. A copy of the Planning Commission's guidelines to determine public convenience or necessity,is attached. Staff feels the determination'cannot be made based on the fact that there is cun•ently a liquor store within the same commercial retail center..: M & M Liquor (1096 North State College' Boulevard) is located on the northwest portion of the subject property. Further, it hould be'noted that although this business had only 5 calls for service during;the reporting period,` he entire:. retail center had 28 calls for service, including 2 assault and batteries, 6 disturbances, 2{ assaults with al~ldeadly weapon, 1 carjacking,i1 fight andll robbery:: (20) The original request for a'.convenience marketwas supported by the Police Department; based on the fact that no sales of alcoholic beverages were proposed. The Police Department is'in opposition to this request foCthenff-premises sales of beer and wine due to the high crime rate within this census tract. More specifically, incidents within this commercial retail centerfurther strengthen the fact that an additional alcohol outlet would have a negative impact on the surrounding area. (21) Staff. is supportive of the request to modify exhibits to adtl food service to the existing convenience market. The request to modify the Hours of the operation is dependent on the decision regarding determination of public convenienceer necessity. If the retail sales of beer and wine'are to be permitted,'staff wouldnot support extending the hours of operation. Staff further recommends denial of the request for determination of public convenience or necessity; due to the: high crime and alcohol-related' police activity in the' immediate vicinity of this convenience market::. FINDINGS: (22) Before the Planning Commission grants any conditional use permit, it must make a finding of fact that the evidencepresentedshows thatall of the following conditions exist: (a) ;That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Cdde, or that'said use islnot listed'therein asbeing a permitted use; (b) I That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which if is proposed'to be located; Page 4 Staff Report to the Planning: Commission :'July 28, 2003 :'Item No. 5' (c) That 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 nor o the peace, health> safety, and general welfare; (d) That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved o carry the: traffic in the area; and (e) That he granting of the conditional use permit under the conditions' imposed; if any, willnot be detrimental to the peaces health, safety and general welfare of the: citizens of the; City of Anaheim. (23) Subsectioh 18.03.092 of the Anaheim Municipal Code provides for the modification nr !termination of a conditional usepermit foCbne or more of the following grounds: (a) That the approval was obtained by fraud; ' (b) That the use for which such approval is granted is not being exercised within the time specified in such permit; (c) That the use for which such approval was granted has ceased to exist or has been suspended or inoperative for anyireason fora period of six (6) consecutive'months or more; (d) That the permit granted is being, or recently has been exercised contrary to the terms or conditions of such approval, or in violation of any statute;. ordinance, law or regulation; (e) That the use for which the approval was granted has been so exercised as to be detrimentalto the public health or safety, orso as to constitute a nuisance; (f) That the use for which the approval was granted has not been exercised, and that based upon additional information or due to changed circumstances, the facts necessary tosupport one or more of the required showings for the issuance of such entitlement as set forth in this chapter no longer exist; and/or (g) That any such modification, 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 under the conditional use permit as granted. ` RECOMMENDATION: (24) iStaff recommends that unless additional or contrary'jnformation is received during the meeting,'ahd based'upon the evidence submitted to,the Commission, including thee: evidence'presented'in this staff report, antl oral and written evidence presented at the '.meeting,,thatthe Commission. take the following actions: (a) By motion, determine that the project is Categorically Exempt under Class 1, Section 15301, of the CEQA Guidelines. (b) By resolution, aoorove, in part, the modificatioh to Conditional Use Permit No 2001- b4433 (Tracking No.'GUP2003-04726) to amend the conditions of approval for an existing convenience market, including the request to modify the'exhibits (to add a Page 5 Staff Report to the Planning Commission July 28, 2003 Item No. 5 take-ouf food preparation and service area) and to modify the hours of operation, based on the foAowing: (i) :That the`proposed use and modification are properly ones for which a conditional use permit is authorized by he Zoning;Code. (ii) That the' proposed use and modifications, subject to the contlitions recommended herein, would pot adversely affect the adjoining land uses and the'growth and development of the area in which they are proposed to be located, due to the size and shape of the site for the proposed use is adequate to allow the full developmenYof the proposed use`in a manner not detrimental to the particular area no[ to the peace, health, safety, and general welfare of the City ofAnaheim. (c) By resolution, denv Determination of Public Convenience or Necessity No. 2003- 00012 (to permit retail sales of beer and wine for'off-premises consumption withirt an existing convenience market); based on the following: (i) 'That the petitioner has not demonstrated that this request would serve to {benefit the public in terms of'convenience or necessity since there are existing opportunities to purchase beer and wine within this census tract, and more notably, within this commercial retail center. (ii) That the high crime'rate and specific incidents related to alcohol in this commercial retail center maybe furtherimpacted with the operation ofan additional alcohol outlet. (d) Staff further recommends that should the Commission wish to approve the requested amendments to the Conditional Use Permit, that the conditions of approval contained in Resolution No. PC2001-124 be incorporated into a new resolution which includes the following conditions of approval (Condition Nos. 2 through 9 are new conditions): Convenience Market:'!. 1. ' That the hours of operation for the convenience market shall be limited to 6 a.m. to 9 p.m. daily. Deliveries shall only occur using east facing doorvvays from 12 p.m. to 3 p.m. 2. That the sales of alcoholic beverages'shall not exceed thirty five percent (35%) of the gross sales'of all retail sales during any three (3) month period. The applicant shall maintain records on a'quarterlybasis showing the separate 'i amounts of sales'of alcoholic beverages and other items. These records shall be subject to audit, and made available, when requested: by any City of `Anaheim official during reasonable business hours. 3. That no advertising of alcoholic beverages shall be located, placed or attached to any location outside the building; and that np audible advertising of alcoholic beverages shall be permitted. 4.' That no'alcoholiabeverages shall be consumed on the premises. 5.' That no display of alcoholic beverages shall be located outside the building or within five (5) feet'of any public entrance to the building. Page 6 Staff Report to the Planning: Commission :July 28,2003 item No.S 6. Thatthe areas!of alcoholic beverages display shall not exceed twenty five (25) percent of the total display area in the building. 7. Thafthe salesbf alcoholic beverages shall be made to customers only when the customer is inside the building. 8. Thaf na person under twenty one (21) years of age shall sell or be permitted to sell any alcoholic beverages. 9. That beer shall not be sold in packages containing less than a six (6) pack, and thatiwine coolers shall not be sold in packages containing less than a four (4) pack. 10. Thaf no shopping carts, video, electronic or other amusement devices or games shall be permitted in'conjunction with this convenience market: 11. Thaf window signage shall not be permitted for the convenience market. All fixtures, displays, merchandise and other materials shall be setback a minimum of three (3) feet from all window areas. Laundromat: 12. Thaf there shall be no amusement devices or games maintained upon the premises at any time. c 13. Thaf there shall be no public telephones maintained on the property that are located outside the building and within the control of the applicant. 14. That the operator of this Laundromat shall be fully responsible for keeping all laundry carts within the building. ; 15. That during all flours of operation the Laundromat shall be operated with at least one (1) attendant on-site. 16. That there shall be no window signs permitted. in connection with the Laundromat. Liquor Store 17. That no alcoholic beverages distributed from this establishment shall be consumed on the property. 18. That there shall be no amusement devices or games maintained upon the premises at any time. < 19. That no public telephones, which are located outside thebuilding and within the control of the applicant, shall be maintained on the propery. 20. That there shall be no window signs permitted' in connection with the liquor store. Commercial Retail Center: 21. That all trash generated from this commercial'Fetail center shall be properly contained in trash bins'contained within approved trash enclosures: The number of bins shall Page 7 Staff Report to the Planning Commission July 28, 20031 Item No. 5 be adequate and the trash pick-up shall'be as frequent as necessary to ensure the sanitary,handling and timely removal of#efuse from the property. The Code Enforcement Division of the Planning Department shall determine the need for additional bins or additional pick-up. All'costs for Increasing he number of bins or frequency of pick-up shall be :paid for by he business owners. 22. That all public telephones (existing or proposed) shall be located inside the building only. 23'. That no outdoor storage, display or sales of merchandise or fixtures shall be permitted. 24'. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event that it is removed,: damaged] diseased and/or dead. 25: That roof-mounted balloons or other inflated devices shall not be permitted. 26 That no video, electronic or other amusement devices or games shall be permitted anywhere on subject property:: 27 That no vending machines shall be permitted on the property which are'visible from the public right-of-way. 28° That any'existing or proposed roof-mounted equipment shall be subjec6to the screening requirements of Anaheim Municipal Code Section No. 18.44.030,120 pertaining to the CL Zone. 29; That no required parking area shall be fenced or otherwise enclosed foroutdoor storage use. 30 That the property shall be permanently maintained in an orderly fashion py providing i regular landscape maintenance, removal of trash dr debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. 31 That the owner shall be respbnslble for maintaining: the premises free of litter at all times. 32'. That the number of tenant spaces shall be limited to thirty (30) units as reflected in the site: plan (Exhibit No. 1). 33i That signage for subject facility shall be limited to alt legal existing signage as of the ? date of this resolution. Any additional signage shall be subject to approval by the Planning,Commission as a Reports and: Recommendations item. 34 That all wall sign cabinets shall be fitted with copy panels. 35; 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 Departmentmarked Exhibit Nos. 1 and Revision 1 of Exhibit No. 2, and as conditioned herein:` 36 That prior to the commencement of the activity authorized by this resolution Condition No. 35, above-mentioned, shall be complied with. Page 8 Staff Report to the Planning Commission :'July 28, 2003 ltem No. 5 37. Thatapproval of this application constitutes approval of the proposed request only to the extent that it complieswith the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. i Approval`tloes not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. Page 9 ATTACFII1EIJT - ITEM N0. 5 MEMORANDUM City of Anaheim POLICE DEPARTMENT DATE: July 21, 2003 TO: Elaine Yambao Planning Department FROM: Sergeant Loaeau Vice Detail SUBJECT: CUP 2003-04726 Carniceria EI Palmar 1056 North State College Boulevard Anaheim, CA 92805 The Police Department received a request for crime stats in regards to the surrounding businesses and possible problems in this area. Conditional Use Permit 2003-04726, this applicant is requesting to permit retail sales of beer and wine in an existing convenience market. From July 1, 2002 through July 15, 2003 there have been 28 calls for service to this area, these calls include: 2 assault and batteries, 6 disturbances, 1 911 hang up, 2 assaults with a deadly weapon, 2 petty thefts, 4 lost or stolen properties, 1 hit and run, 2 suspicious circumstances, 1 carjacking, 1 auto recovery other department, 1 fight, 1 robbery, 1 bomb threat, 1 vandalism, 2 burglary alarm audible calls. It should be noted within this same strip mall a liquor store already exists and the nightclub J.C. Fandangos is also located here. If I can be of further assistance please call me at extension 1451. f:\home\tgovemale\2003-04726 (a) Carniceria EI Palmar.doc ATTACHMENT - ITEM NQ. 5 MEMORANDUM City of Anaheim POLICE DEPARTMENT DATE: June 18, 2003 TO: Elaine Yambao Planning Department FROM: A/Sergeant Brian McElhaney Vice Detail SUBJECT: CUP 2D03-04726. Carniceria EI Palmar 1056 North State College Boulevard Anaheim, CA 92805 The Police Department received the I.D.C. route sheet for Conditional Use Permit 2003-04726. The applicant is requesting to permit retail sales of beer and wine in an existing convenience market. The location is within Reporting District 1428, which has a crime rate of 30 percent above average. It is also within census tract 864.02, which has a population of 5,336. This population allows for six On Sale licenses and there are presently three active licenses in this census tract. This population also allows for four Off Sale licenses and there are presently three active licenses in this census tract. The census tract boundaries are: North Riverside Frwy South Lincoln Avenue East Sunkist West State College Boulevard Off Sale licenses in the applicants census tract: 1134 N. State College BL 2540 E. La Palma Ave. 1096 N. State College BC On Sale licenses in the applicants census tract: 2011 E. La Palma Ave. 1086 N. State College BL, Suite A 100 N. State College BI. Memorandum Elaine Yambao Carniceria EI Palmar Page Two The census tracts surrounding this location are as follows: North -117.20 On Sale allowed 8/active 4 South - 863.04 On Sale allowed 5/active 3 West - 864.04 On Sale allowed 7/active 2 West - 864.05 On Sale allowed 8/5 East - 864..06 On Sale a lowed 5lactive 1 Additional Census Tract information: North West-116.02 On Sale allowed 7/active 18 North East - 117.14 On Sale allowed 1/active 10 (1 pending) South West - 863.01 On Sale allowed 5/active 5 South East - 864.07 On Sale allowed 7/active 2 population 7,535 Off Sale allowed 5/active 0 population 4,532 Off Sale allowed 3/active 4 population 6,217 Off Sale allowed 4/active 5 population 6,699 Off Sale allowed 5/4 (1 pending) :population 4,019 Off Sale allowed 3/active 1 population 5,762' Off Sale allowed 4/active 6 population 302 Off Sale allowed 1/active 6 population 4,546 Off Sale allowed 3/active 5 population 5,957 Off Sale allowed 4/active 2 The Police Department responded to 1056 N. State College Boulevard 5 times from June1, 2002 through June 16, 2003. The calls include 4 audible burglary alarms, and 1 petty theft. Of the 5 calls for service no reports were taken. - The Reporting District to the .north of this location is 1328 and has a crime rate of 68 percent below average. The Reporting District to the south is 1528 with a crime rate of 22 percent above average. The Reporting District to the west is 1427 with a crime rate of 133 percent above average. The Reporting District to the east is 1429 with a crime rate of 26 percent above average. Due to the high crime rate the Anaheim Police Department opposes this request. The applicant will need to request Public Convenience or Necessity through the City of Anaheim. If Public Convenience or Necessity were granted the Police Department would recommend the following conditions: Memorandum Elaine Yambao Carniceria EI Palmar Page Three 1) There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 2) No display of alcoholic beverages shall be located outside of a building or within five (5) feet of any public entrance to the building. 3) The area of alcoholic beverage displays shall not exceed 25% of the total display area in a building. 4) Sale of alcoholic beverages shall be made to customers only when the customer is in the building. 5) No person undertwenty-one {21) years of age shall sell or be permitted to sell any beer or wine. 6) That beer and malt beverages shall not be sold in packages containing less than a six (6) pack, and that wine coolers shall not be sold in packages containing less than a four (4) pack. 7) The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages is prohibited on or around these premises. 8) The parking lot of 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. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring residences. g) There shall be no amusement machines, video game devices, or pool tables maintained upon the premises at any time. 10) There shall be no public telephones on the property that are located outside the building and within the control of the applicant. 11) The gross sales of alcoholic beverages shall not exceed 35 percent of all retail sales during any three (3) month period. The applicant shall maintain records on a quarterly basis indicating the separate amounts of sales of alcoholic beverages and other items. These records shall be made available for inspection by any City of Anaheim official when requested. 12) Any Graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. f:\home\tgovemale\2003-04726 Carniceria EI Palmar.doc ATTACHt^ENT - ITEM N0. 5 E v my e~ a ~, v v ~ . ~ ~ b ~ ~ . `a E PJ ^' :: ~ ~ P m 2 o ~ a 5 E s Z' °v ~ ~ E z ~ J9 w c a ~c9°d` 8 k &z' ~ p - Q CV d' O p N d a ~ ~ U~ `~ ~a 0`UE GUM St .:s-.' 1 1 2 --- ---isdlsinoia ------- ~ ~~ = 't ~ ,, +~' L' ;. ', ~ ~~ '`~`, N `~' _ E '. Wt1 _ < ', >G! al P i 5. __~ ~ ._, ... ~,- _ ~ ax~ ~~ _ ~ ~ L t ~ + {, + isisiNNns __ \f m ','" f o I G ~ g ~ m ~:, '~ I 5' ~ f `• 4 tt ~ t ~ t , k ~ ~ r ~~ ~f ;I I + i ga , On"IBj'-J3110~31tl1`6 ~~ I W ~ m ~ I: 11 i ` I t .~- I 1 > k 4 i 4= o ~ ~ ~- Fr" , \I I, i ~ ', ~ j 5`,. C I I N t~ J6~` ' 15 tlIDYJ ~i-_ ~, a! 71 1 ~I g~ ~\` ATTACHMENT - I TE11 N0. 5 ~ I ~~` i f ,s,W; ~~ 1~,~ ~ ~ o.~E ~ 3W N , ~ O~ t~~~~y ~~.IU ~ 11 ~ ~ ~.. ~~ ~ l.w m ~4 1~~ 1~ v ( ~i ~j O-J ~N m m 'P u r ~', mmW mmm?` A a~0 ~ 1 ~~ o ,~y`o ~ _ 3 l~"`i ~ ~ W 9 yy _>p p ~ N O~ m W r~iEm lT jr Ol ` N N1, O '~/j'~ 5 m N b V ~ ~ I I ,~N' V ~N~ ~' I ~ N' J. N ~p0 ~'~' ~rn3 ~~ mnm ~m ~^ ~a~N ut ,m m ;P in a ~ o ~~.v.~ O ~ ul ulN n L^ S a"ex~~~. 00 ~ ~ m ~' N:mmm 00 A ~ l N ~y a m m W iT ..'~\ O. N pl ~ fi W VI ~ ~ / m.m ~ ~ m.~~.? ~ as ~, Imo a'a°~ ~ 'a1~B ~ m ~ aaR`° N m ~O W 3OJ W h ~N~J ~W ~~ m ~ m:m ~ W~~~a a.i 01 ~1C~ 0 o'V ~' Q~~ S o sssssesstesessuauGena_xmsyxsrna~x»°aaa:»»=ma-~~_ nt>1N t L~ L L<- y D ~- > L 9 w m .- :~ ~gs~iggQ~~jz~Fy~~p~ygT~syq£ $~~~A~s K4"~~61n~6 ~2m~fyyyy~yX~~s~~9~n1mC4C~L£P £n(~Oy~~~~~~ ~c ~ n ~ ~ 6 ~pm BI~CD USN T~L@~^ O Z~~'Pf ~BQi+NjF ~~Z~N~"N'S~pm tlZi~S2CMY~ K S Q m Q a A ~~ ~~g ~ ~ ~ n R ~ ~ g ~A ~ H v~ ~~vy ~~a~'sgc~~_5~y~~Ng yN~~yp~p''g ~g~~gp__~~y~$~" HH[~~+ ¢¢p {9 s y ~ggryy~g~.. ,~°,, 5 a y _- N~NNNNNNNNN~C3~~RZ2m~~2Z&~'3ai~`1 'Y ISSg'-'N m608PI 'c2 ebe'+Y 9 u~ mgzm mmm Nm~mmm umz zzmzNmmm mmm zmzmz ~HS~s a~ss5' ~-~JSz~n ~~i~.::-.m59 5`"~' >~5:5'~ ~~<~~nqW78~r78:x7®'mnq~6m8s8g~'7Fmy~~R^~~~~T~~6`~~'~~~~~~~~~~D'm~~~W'~ tSi ln~CI.~m C~In~~m.~Ny ~~~ > ~ z~j ~ ~ ~mC ~ ~~~~p~ n M M as aaasaa ~ ~ <a a< °m< v v v v v a Fli C c ~ `^ o -~ o ~w 3 ~ N ATTACHtiETJT - ITEH N0. 5 PETITIONER'S STATEMENT OF JUSTIFICATION FOR PUBLIC CONVENIENCE OR NECESSITY The City Council has established procedures for the determination of Public Convenience or Necessity and has delegated the responsibility for making such determinations to the Anaheim Planning Commission. In order to assist the Planning Commission in its deliberations as to whether the public convenience or necessity would be served by permitting an additional alcohol establishment within an area containing an over concentration of licenses and/or high crime rate, please answer the following questions. What is the primary purpose of your business? Is the sale of alcohol an essential part of the primary pUrrnce of tha hucinacc9 Plaaca aYnlain C~ p ~ ~q ~l 2. Are there similar businesses or a concentration of alcohol outlets in the immediate area that already provide alcohol service? If so, how would the public convenience or necessity be served by permitting an additional license within the census tract? ! " . "~bA'~ bt, . 'r 1 Se' C461(J~ C'jYl ea vCt FOVI ~ fC~O~t-I is 1~ > + 1 %.1l'~ >oJ~~'Ct'r.l\~~~~ ~.2C~1~\~~e.~ pCCJC~ik~'~~vf c~QNJ-~ ClVU,c~ Clr}--~.~~i~Gt,` ~~~~~SKY~c,,,,~-C 3. Is there a residentidf neighborhood of school adjacent to the property for which you arc requesting a public y~ convenience or necessity determination? If so, please explain how permitting an additional license would not disproportionately impact an adjacent residential neighborhood or school. ~`l~ft 1 S /Z 1f~Ci/,~S~r~ife/ {'li~i(J'i~~'l~t~~l,T.V~!'Vl~ IR%.~~IC)/~~ Ll~~ iFC~~cUI+-E('~'~'~11 i~~2~1'{~a_ 4. What percentage of your business do ybu anticipate will be alcohol sales? 5. Does your business cater to a specific need or specialty which is not currently available in the area? Please explain. ~;e~S) ., t)t)~. S~.c~C~\~ ~ ~ (~~-~~ti1 I~;L~uCs~~ 1~'-S O~¢~ ~~f.~','~(J~'~-~~, ``~OC~S ~~~CL~Ii_1~1U'~1 ~-rC,~-JL.~ti\~~~~-CL~+iV1~;- ._ -__ 6. Are you proposing any specific operational measures to eliminate or limit any potential negative consequences from the sale of alcoholic beverages? Please explain. 7. What type of license are you requesting from ABC? Is it an PUBLIC CONVENIENCE OR NECESSITY ATTACHt1ENT - I TEIt N0. 5 POLICY CITY OF ANAHEIM PLANNING COMMISSION GUIDELINES TO DETERMINE PUBLIC CONVENIENCE OR NECESSITY (PCN) How significant is the "undue concentration"? In census tracts with a few excess licenses, it may be easier to justify the need for additional licenses when considering other factors. However, in areas with a significant number of excess licenses, the City should carefully examine, based on submitted evidence and the whole record, whether it would be appropriate to make the requested finding. How close is the proposed site to a residential neighborhood and/or school? If the site is in close proximity to a residential neighborhood or school, then the decision on whether to make the finding of PCN should give weight to these sensitive land uses. Now close are other alcohol outlets? Are outlets in close proximity or are they spread throughout the census tract? If the outlet is located near the border of the census tract, is there a cluster of outlets in the vicinity of the outlet located in the adjoining census tracts? In some areas, there are a large number of businesses providing alcohol in close proximity. As a result, the impact is greater than if the same number of businesses were spread throughout the census tract. In these instances, it may be difficult to make the finding. Are there similar businesses already in the area? Is this the first business of this type or are there several similar businesses nearby? If the product is already available, then it would be harder to justify "public need". ® Is the sale of alcohol an integral part of the primary purpose of the business? A "dinner house" would .normally sell alcohol; however, a gas station or breakfast cafe would not. ® Is there a history ofalcohol-related problems in the area? Determination of PCN in reporting districts that have a much higher than average crime rate will be more difficult to justify. Likewise, even if the proposed location is in a census tract that does not have a higher than average crime rate, it may be adjacent to one or more reporting districts that have a higher than average crime rate. o Are there unusual factors which are applicable fo a particular location? The eskablishment may cater to a specific customer such as specialty markets or warehouse stores. In these instances, the Planning Commission may determine that the unusual factors are sufficient to determine public convenience or necessity. o Is the proposed site in an area which has both an overconcentration of licenses and a higher than average crime rate? In such instances, it may be more difficult to make the finding. ® Would a particular establishment have mitigating operational characteristics such as increased security, limited hours of operation or bulk sales and/or temperatures not conducive to on-site consumption? A Determination of PCN may be justified for establishments with operational characteristics that would offset any negative consequences of approving an additional license. ATTACHf1ENT - ITEM N0. 5 RESOLUTION NO. PC2001-134 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04433 BE GRANTED 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 11 ACRES OF THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA AS SHOWN ON A MAP RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY: EXCEPT THE SOUTHERLY 200.00 FEET OF THE WESTERLY 200.00 FEET. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 24, 2001 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 that the hearing was continued from the Septemberl0, 2001 meeting; 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 Sections 18.44.050.135, 18.44.050.193, 18.44.050.195 and 18.44.050.360 to establish land use conformity with existing Zoning Code land use requirements for an existing commercial retail center, Laundromat and liquor store, and to permit a convenience market 2. That the size and shape of the site for the proposed use is adequate to allow full development of the proposal in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare; and that the uses, as conditioned herein, will not adversely affect the. adjacent residential land uses or the growth and development of the area. 3. 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 that the property provides adequate ingress/egress from public streets, on-site vehicular circulation and adequate parking for customers and employees patronizing the combined uses on the property. 4. 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; and that no alcoholic beverages are proposed to be sold from the convenience market. 5. 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's 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. CR5192PK.doc -1- PC2001-134 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: Convenience Market -~--~ 1. That the hours of operation for the convenience market shall be limited to 6 a.m. to 9 p.m. daily, as stipulated to by the petitioner. Deliveries shall only take place from 12 p.m. to 3 p.m. and shall use east-facing doorways. ~ \ ~~ That no alcoholic beverages shall be sold or consumed on the premises of the convenience market. ~ ~~, That all trash generated from this convenience market shall be properly contained in trash bins contained within approved trash enclosures. The number of bins shall be adequate and the trash pick-up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property. The Code Enforcement Division of the Planning Department shall determine the need for additional bins or additional pick-up. All costs for increasing the number of i s or frequency of pick-up shall be paid for by the business owner. ~~.i`~ ~ Tat no shopping carts and no video, electronic or other amusement devices or games shall be ermitted in conjunction with this convenience market_ '•u~\ at prior to commencing operation of this business, a valid business)icense shall be obtained from 11Y` the Business License Division of the City of Anaheim Finance Department. tat no window signage shall be permitted for the convenience market. All fixtures, displays, ,~erdhandise and other materials inside the building shall be set back a minimum of three (3) feet from all window areas. Laundromat ~\ i~ hat there shall be no amusement devices or games maintained upon the premises of the Laundromat at any time. ~t~ ~~~~at no public telephones, which are .located outside the Laundromat building and within the control \'~~"' of the applicant, shall be maintained on the property. 9. That the operator of the Laundromat shall be fully responsible for keeping all laundry carts inside the building. 10. That during all hours of operation the Laundromat shall be operated with at least one (1) attendant on-site. hat no window signs shall be permitted in connection with the Laundromat. ~~~ Liauar Store 12. That no alcoholic beverages distributed from the liquor store shall be consumed on the property. 13. That no amusement devices or games shall be maintained upon the premises of the liquor store at any time. That no public telephones, which are located outside the building and within the control of the applicant, shall be maintained on the property. -2- PC2001-134 15. That no window signs shall be permitted in connection with the liquor store. / 0 Commercial Retail Center 6. That trash storage areas shall be refurbished to the satisfaction of the Public Works Department, Streets and Sanitation Division, to comply with approved plans on file with said Department. 17. That all trash generated from this commercial retail center shall be properly contained in trash bins contained within approved trash enclosures. The number of bins shall be adequate and the trash pick-up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property. The Code Enforcement Division of the Planning Department shall determine the need for additional bins or additional pick-up. All casts for increasing the number of bins or frequency of pick-up shall be paid for by the business owners, 18. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Streets and Sanitation Division for review and approval. 19. That a landscaping plan shall be submitted to the Zoning Division for review and approval showing Q~efurbishment of existing landscaped areas. Said plan shall include: \ ~ (a) New ground cover, shrubs and twenty four inch (24") box sized trees on maximum twenty (20) foot centers adjacent to La Palma Avenue, State College Boulevard and the east property line; (b) Vines on maximum three (3) foot centers along the east and north property lines; and (c) Refurbishment of the interior parking lot Iandsdapng. That within a period of three (3) months from approval of the landscaping plans, the landscaping installation and refurbishment shall tie completed. 20. That any necessary relobatidn of existing electrical facilities or streetlights shall be at the expense of the petitioner/developer. Landscape and/or hardscape screening of all padmounted equipment shall be required. 21. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with the current versions of Engineering Standard Plan' Nos. 436 and 601/602 pertaining to parking standards and driveway location. Subject property shall thereupon be ,`~~,`J J developed and maintained in conformance with said plans. ~"'\ 22. That an on-site trash truck tum-around area shall be provided in accordance with Engineering Standard Detail No, 610 and shall be maintained to the satisfaction of the Streets and Sanitation `~ Division. ~23. That all public telephones {existing or proposed) shall be located inside the building. 24. Thatno outdoor storage, display or sale of merchandise or fixtures shall be permitted. 25. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dies. 2S. That roof-mounted balloons or other inflated devices shall not be permitted 7. That no video, electronic or other amusement devices or games shall be permitted anywhere on subject property. -3- PC2001-134 That no vending machines which are visible to any public right-of-way shall be permitted on the ~p ~ V .~~ ~ property. _ _. . 29. That four (4) foot high street address numbers shall he displayed on the roof of the building in a contrasting color to the roof material. The numbers shall not be visible to the adjacent streets or v~~ properties. Said information shall be specifically shown on plans submitted to the Police Department ~ for review and approval. That any existing or proposed roof-mounted equipment shall be subject to the screening equirements of Anaheim Municipal Code Section 18.44.030.120 pertaining to the CL "Commercial, imited" Zone. Said information shall be specifically shown on the plans submitted for Zoning and \ Building Division approval..: 31. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor use. 32, 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. 33. That the owner shall be responsible for maintaining the premises free of litter at all times. 34. That the number,of tenant spaces shall be limited to thirty (30) units as shown on the approved site plan (Exhibit No. 1). 35. That signage for subject facility shall be limited to a!I legal existing signage as of the date of this resolution. Any additional signage shall be subject to review and approval by the Planning CCommission as a "Reports and Recommendations" item. h ,N~F~Q•That the parking lot serving the premises shall be equipped with lighting of sufficient power to r~/\ illuminate and make easily discernable 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. ~~rhat the property owner shall submit a letterto the Zoning Division requesting termination of . Conditional Use Permit No.1665 (to permit on-premise sale and consumption of beer and wine in an \ existing restaurant). That the parking lot shall be repaired and slurry sealed. hat all wall sign cabinets shall be fitted with copy panels... -_.~ 40. 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. 41. That within a period of three (3) months from the date of this resolution, Condition Nos. 7, 13, 14, 16, 18, 19, 20, 21, 22, 23, 27, 28, 29, 30, 35, 36, 37, 38, 39 and 40, above-mentioned, shall be completed. 42. 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. -4- PC2001-134 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 September 24, 2001. (Original signed by J. Vanderbilt) CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: (Original signed by Eleanor Fernandes) SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Fernandes, 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 September 24, 2001, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT:COMMISSIONERS: EASTMAN IN WITNESS WHEREOF, I have hereunto,set my hand this day of 2001. ;i;~riglnal si;nad by Eleanor Fernandes) SECRETARY, ANAHEIM CITY PLANNING COMMISSION -5- PC2001-134 2a. CEOACATEGORICAL EXEMPTION-CLASS 1 2b. CONDITIONAL USE PERMIT NO. 2001-04433 SITE LOCATION AND DESCRIPTION: ATTACHttENT - I TEt1 N0. 5 Staff Report to the Planning Commission September 24, 2001 Item No. 2 (Motion):: - (Resolution) (1) This irregularly-shaped 6.9 acre property is located north and east of the northeast corner of State College Boulevard and La Palma Avenue with frontages of 460 feet on the east side of State College Boulevard and 540 feet on the north side of La Palma Avenue (1052-1098 North State College Boulevard and 2021 East La Patina Avenue -Granada Square). REQUEST: (2) The petitioner requests approval of a conditional use permit under authority of Code Section Nos. 18.03.030, 18.44.050.135, 18.44.050.193, 18.44.050.195 and 18.44.050.360 to establish land use conformity with existing Zoning Code land use requirements for an existing commercial retail center, Laundromat and liquor store and to permit a convenience market. BACKGROUND: (3) This item was dontinued from the September 10, 2001 meeting, at request of the Commission, in order for' the property owner tote present at the public hearing. (4) This propertyis developed with' an existing 89,450 square foot commercial retail center with 30 tenant spaces and is zoned CL (Commercial, Limited). The Land Use Element Map of the Anaheim General Plan designates this property for General Commercial land uses. (5) Surrounding land uses are as follows: Direction ~ Land Use Zoning General Plan`Designatiotr North Fast-food Restaurant and Apartments CL and RM-1200 General Commercial and Medium Density Residential East Apartments RM-1200 Medium Density Residential South, across La Palma Avenue Flower Shop and Apartments CL and RM-1200 General Commercial and Low-Medium Density Residential West, across State College Boulevard Shopping Center CL General Commercial PREVIOUS ZONING ACTIONS: (6) The following zoning actions pertain to this property: (a) Conditional Use Permit No. 3642 (to retain arestaurant/nightclub expansion including a public dancehall with on-premise sale and consumption of alcoholic beverages and waiver of minimum number of parking spaces) was approved by Planning Commission on November 1,.1993, for a period ofone year until 1994. On December 12, 1994, the Commission approved aone-year time extension until November 1, 1995. On January 22, 1996 the Commission approved a iwo-year time extension until November 1, 1998. This permit has expired and has exceeded the time period allowed by the Code for reinstatement. Therefore, the business owner has filed for a new conditional use permit to be considered by the Commission aLa future public hearing. SR1023CW Page 1 Staff Report to the Planning Commission September 24, 2001 Item No. 2 (b) Conditional Use Permit No. 2608 (to permit on-sale alcohol in a proposed restaurant and cocktail lounge with waiver of minimum number of parking spaces) was approved by City ', Council on October 16, 1984, following approval by the Planning Commission on August 20, 1984 (1086-A North State College Boulevard - J.C. Fandango). (c) Conditional Use Permit No. 1685 (to .permit on-premise sale and aonsumptiori of beer and wine in an existing restaurant) was approved by Planning Commission on January 31, 1977, for a period of 5 years. A time extension was approved by the Planning Commission on February 8, 1982, to expire on January 31, 1987. No further extensions have been requested (1046 N. State College Boulevard -formerly Sun's Chinese Restaurant). Staff recommends that this permit be terminated since it has expired. (d) ConditionalUse Permit No: 1655 (to permit dn-premise sale and consumption of beer and wine in a proposed restaurant) was approved by Planning Commission on September 27, 1976 (1060 N. State College Boulevard -formerly Angelo's Pizza Restaurant): (e) Variance No. 2037 (to waive the permitted uses to permit a retail tire, battery and accessory store) was approved by City Council on December 28, 1969, following approval by the Planning Commission oh December 16, 1968. (f) Variance No. 1912 (to permit a freestanding sign with waiver of minimum distance between free-standing signs) was approved by Planning Commission on August 28, 1967.. PROPOSAL: (7) This shopping center was constructed prior to the. Code provision requiring a conditional use permit fpr commercial retail centers, laundromats and liquor stores. Therefore, in conjunction with the request to permit the convenience market, the petitioner is also requesting to establish land use conformity for these uses. Page 2 View of property looking north from La Palma Avenue. Staff Report to the Planning Commission September 24, 2001 Item No. 2 (8) The site plan (Exhibit No. 1) indicates that the site is developed with an 89,450 square foot commercial retail building with 30 tenant spaces (three of which are proposed as the market).. Parking is provided in the center of the retail complex and to the rear (east and north) of the buildings. The petitioner has submitted a request to establish a 3,750 square foot convenience market with meat service within three existing tenant spaces in the eastern half of the building (suites 1060, 1058 and 1056). The main access to the convenience store would be from two doors on the west side of the building. Plans indicate two rear entrances on the east elevation. No exterior modifications {with the exception of a sign copy change) to the existing building are proposed. The plan does not indicate loading areas; however the petitioner has indicated that deliveries would occur daily from 12 p.m. to 3 p.m. in the rear (east elevation) of the building. (g) The site plan indicates a 10-foot landscaped setback with four trees adjacent to State College Boulevard, a 10-foot landscaped planter with five trees adjacent to La Palma Avenue, a 5- foot landscaped planter with 21 trees abutting the apartments to the east, a parking lot with trees and shrubs in the middle of the center (visible from La Palma Avenue and State College Boulevard) and no landscaping in the rear parking lot along the north property lihe abutting the multiple-family neighborhood. Code currently requires a 10-foot wide landscaped setback from the west property line adjacent to State College Boulevard, a 10-foot landscaped setback from the south property line adjacent to La Palma Avenue, a 10-foot wide landscaped planter abutting the residential development to the east, as well as trees in the parking lot. Code also requires 1 tree for every 20 feet of street frontage along State College Boulevard and La Palma Avenue as well as adjacent to the east property line.. (10) The submitted floor plan (Exhibit No. 2) indicates a 3,750 square foot convenience market with one walk-in cooler, a meat case and packaging area, deli case, frozen food case, several shelves and racks for both dry goods and produce, a sink and prep area in the rear, three cashiers, a storage area and one restroom in the rear of the market. The plan indicates two main entrances at the west elevation. Page 3 Staff Report to the Planning Commission September 24, 2001 Item No. 2 (11) Three existing driveways on State College Boulevard and three existing driveways on La Palma Avenue provide access to the property. Plans indicate that 515 parking spaces are existing. Code requires 21 spaces for the proposed market. Parking for the convenience market is based on the standard retail requirement of 5.5 spaces per 1,000 square feet of gross floor area. Cade provides that "Convenience market, take-out, food/meal service maintain 5_5 parking spaces per 1,000 square feet of gross floor area plus 3 parking spaces after the first additional use thereafter, except that said additional .spaces shalt not be required when the use is integrated within a commercial retail center." Code requires 739 spaces based on the following: TOTAL CODE- " PARKING LOCATION USEfTENANT. , SQUARE. REQUIRED _ REQUIRED' 'FEET PARKING RATIO (per 1;000 sq..ftJ 1004 N. State College Blvd. Orco Lock Shop - 128 1: per 25 sq. ft. 5 Kiosk 1046-1050 N. State College Blvd. The Reef Tropical Fish ' 3,370 5.5 18.5 Store 1052 N. State College Blvd. Flower Shop 1,250 5.5 6.8 1054 N. State College Blvd. Personnel Office 1,250 4 5 1056-1060 N. State College Blvd. Market 3,750 5.5 20.6 1064-1068 N. State College Blvd. Party Rental Store 3,750 5.5 20.6 1070-1076 N. State College Blvd... Veteran Charities of 8 909 5.5 48.9 O.C Thrift Store.. . 1078 N. State College Blvd. Beauty Salon 1,400 5.5 7.7 1080 N. State College Blvd. Laundromat .2,800 5.5 15.4 1084, 1084 A 81088 A JC Fandango Dance 19 188 17 325 N. State College Blvd. Club , 1086 N. State College Blvd. vacant 1,564 5.5 8.7 1086 B N. State College Blvd. vacant 7,152 5.5 39.3 1088 N. State College Blvd. Northern Auto Parts 8,779 5.5 48.2 1090 N. State College Blvd. Barber 900 5.5 4.9 1092 N. State College Blvd. Optometrist 900 6 5.4 1094 N. Stata College Blvd. TV 8 VCR Repairs 900 5.5 4.9 1096 N. State College Blvd. Liquor Stare 1,440 5.5 7.9 1098 N. State College Blvd. Blockbuster Video 5,400 5.5 29.7 2011 E. La Palma Ave. Black Angus 9;600 8 76.8 Restaurant 2120 E. La Palma Ave. Goodyear Tire 7,000 5.5 38.5 TOTAL 89,450 739 (12) Elevation plans indicate building materials consisting of a concrete file roof, stucco siding, aluminum and glass storefronts and masonry columns. Plans further indicate two entrances on the west elevation and two rear service entrances on the east elevation. (13) The petitioner has indicated that one new sign panel would be installed in the existing wall sign cabinet on the west elevation (facing State College Boulevard) and one new sign panel would be installed on the existing shopping center identification sign. Code permits a 25-foot high, 250 square feet per face, shopping center identification sign for properties with .less than 600 feet of street frontage. Code further permits wall signage not to exceed ten percent of the building elevation area. Page 4 Staff Report to the Planning Commission September 24, 2001 Item No. 2 (14) The letter of operation indicates that the proposed convenience store would retail-meat and common groceries. The letter indicates that the market would not offeror prepare food to go. The proposed hours of operation would be daily from 6 a.m. to 9 p.m. The Planning Commission may also wish to note that the petitioner has indicated that no beer, wine or alcohol would be sold on the premises. ENVIRONMENTAL IMPACT ANALYSIS: (15) 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 CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. GROWTH MANAGEMENT ELEMENT ANALYSIS: (16) The proposed project has been reviewed by affected City departments to determine whether it conforms with the City's Growth Management Element adopted by the City Council on March 17, 1992. Based on City staff review of the proposed project, it has been determined that this project does not fit within the scope necessary to require a Growth Management Element analysis, therefore; no analysis has been pertormed. EVALUATION: (17) The existing commercial retail center; liquor store and laundromat were constructed prior to the Code provision requiring a conditional use perrnit for said uses and therefore, they are nonconforming land uses. Code provides that "while a nonconforming use exists on any lot, no other use shall be permitted, even though such other use would be a conforming use " The petitioner is requesting to establish conformity with existing Zoning Code land use requirement5for the commercial retail center, liquor store and laundromat. The proposed convenience market is a permitted use in the CL Zone subject to approval of a conditional use permit. (18) A site inspection revealed that the property was in need of general maintenance including, removal of graffiti and refurbishing the parking lot landscape planters (including the installation of nine, 24-inch tiok size trees), refurbishment of a trash enclosure and reinstallation of missing wall sign panels. (19) The Police Department indicates no objection to this request for a convenience market without the sales of alcoholic beverages. (20) As indicated previously, the restauranUnightclub operating under Conditional Use Permit No. 3642 has expired. A hew application has been submitted to retain the use and will be considered by the Commission at a future public hearing. FINDINGS: (21) 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 proposed use is properly one for which a conditional use permit is authorized by the Zoning Code, or that said use is not listed therein as being a permitted use; (b) That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located; Page 5 Staff Report to the Planning Commission September 24, 2001 Item No. 2 (c) That 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 nor to the peace, health, safety, and general welfare; ' (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 peace, health, safety and general welfare of the citizens of the City of Anaheim. RECOMMENDATION: (22) 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 take the following actions:. (a) By motion, determine that the project is Categorically Exempt under Class 1, Section 15301 (Existing Facilities) of the CEQA Guidelines. (b) By resolution, approve Conditional Use Permit No. 2001-04433 (to establish land use conformity with existing Zoning Code land use requirements for an existing commercial retail center, laundromat and liquor store and to permit a convenience market), as conditioned herein, based on the following: (i) That the requested land uses are listed as conditionally-permitted uses in the CL Zone, and that these uses as conditioned herein, would not adversely affect the adjacent residential land'uses or the growth and development of the area. (ii) That the property provides adequate ingress/egress from public streets, on-site vehicular circulation, and adequate parking for customers and employees patronizing the combined uses on the property and is adequate to allow the full development of this use in a manner which is not detrimental to the area. (iii). That the proposed use would not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim and furthermore, no alcoholic beverages are proposed to be sold from the premises. SUBMITTED BY VARIOUS CITY DEPARTMENTS. ACTING Convenience Market: 1. That, as stipulated to by the petitioner, the hours of operation for the convenience market shall be limited to 6 a.m. to 9 p.m. daily. Deliveries shall only occur using east facing doorways from 12 p.m. to 3 p.m. 2. That no alcoholic beverages shall be sold or consumed on the premises. Page 6 Staff Report to the Planning Commission September 24, 2001 Item No. 2 3. That all trash generated from this facility shall be properly contained in trash bins contained within approved trash enclosures. The number of bins shall be adequate and the trash pick-up. shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property. The Code Enforcement Division of the Planning Department shall determine the need for additional bins or additional pick-up. All costs for increasing the number of bins or frequency of pick-up shall be paid for by the business owner. 4. That no shopping carts, video, electronic or other amusement devices or games shall be permitted in conjunction with this convenience market. 5. That prior to the operation of this business, a valid business license shall be obtained from the City of Anaheim, Business License Division of the Finance Department. 6. That window signage shall not be permitted for the convenience market. All fixtures, displays, merchandise and other materials shall be setback a minimum of three (3) feet from all window areas. Laundromat: 7. That there shall be no amusement devices or games maintained upon the premises at any time. 8. That there shall be no public telephones maintained on the property that are located outside the building and within the control of the applicant. 9. That the operator of this business shall be fully responsible for retaining all laundry carts within the building. 10. That the laundromat facility shall be operated with at least one attendant on-site during all hours of operation. 11. That there shall be no window signs permitted. ; Liquor Store 12. That no alcoholic beverages distributed from this establishment shall be consumed on the property. 13. That there shall be no amusement devices or games maintained upon-the premises at any time. 14. That there shall be no public telephones maintained on the property that are located outside the building and within the control of the applicant. 15. That there shall be no window signs permitted. Commercial Retail Center. 16. That trash storage areas shall be refurbished to the satisfaction of the Public Works Department, Streets and Sanitation Division to comply with approved plans on file with said Department. Page 7 Staff Report to the Planning Commission September 24, 2001 Item No. 2 17. That all trash generated from this commercial retail center shall be properly contained in trash bins contained within approved trash enclosures. The number of bins shall be adequate add the trash pick-up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property. The Code Enforcement Division of the Planning Department shall determine the need for additional bins or additional pick-up. All costs for increasing the number of bins or frequency of pick-up shall be paid for by the business owner. 18. 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. 19. That a landscape plan shall be submitted to the Zoning Division for review and approval far refurbishment of existing landscaped areas. Said plan shall include new groundcover, shrubs and 24-inch box sized trees on maximum 20-foot centers adjacent to La Palma Avenue, State College Boulevard and the east property line, vines on maximum 3-foot centers along the east and north property lines and refurbishment of interior parking lot landscaping. Said installation and refurbishment shall be completed within 90 days of approval of said plans. 20. That any necessary relocation of existing electrical facilities or streetlights shall be at the expense of the developer. Landscape and/or hardscape screening of all padmounted equipment shall be required. 21. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval in conformance with the current version of Engineering Standard Plan Nos. 436 and 601/602 pertaining to parking standards and driveway location. Subject property shall thereupon be developed and maintained in conformance with said plans. 22. That an on-site trash truck tum-around area shall be provided per Engineering Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. 23. That all public telephones (existing or proposed) shall be located inside the building only. 24. That no outdoor storage, display or sales of merchandise or fixtures shall be permitted. 25. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 26. That roof-mounted balloons or other inflated devices shall not be permitted: 27. That no video, electronic or other amusement devices or games shall be penmitted anywhere on subject property. 28. That no vending machines shall be permitted on the property which are visible from the public right- of-way. 29. That 4-foot high address numbers shall be displayed on the roof in a contrasting color to the roof material. The numbers shall not be visible from the view of the street or adjacent properties. Said information shall be specifically shown on plans submitted for review and approval by the Police Department. 30. That any existing or proposed roof-mounted equipment shall be subject to the screening requirements of Anaheim Municipal Code Section No. 18.44.030.120 pertaining to the CL Zone. Said information shall be specifically shown on the plans submitted for Zoning and Building Division approval. Page 8 Staff Report to the Planning Commission September 24, 2001 Item No. 2 31. That no required parking area shall be fenced or otherwise enclosed for outdoor storage use. 32. 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. 33. That the owner shall be responsible for maintaining the premises free of litter at all times. 34. That the number of tenant spaces shall be limited to thirty (30) units as reflected in the site plan (Exhibit No. 1). 35. That signage for subject facility shall be limited to all legal existing signage as of the date of this resolution. Any additional signage shall be subject to approval by the Planning Commission as a Reports and Recommendations item. 36. That the parking lot serving the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernable 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. 37. That the property owner shall submit a letter requesting termination of Conditional Use Permit No.1685 (to permit on-premise sale and consumption of beer and wine in an existing restaurant) to the Zoning Division. 38. That the parking lot shall be repaired and slurry sealed. 39. That all wall sign cabinets shall be fitted with copy panels. 40. 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. 41. That Condition Nos. 7, 13, 14, 16, 18, 19, 20, 21, 22, 23, 27, 28,29, 30, 35, 36, 37, 38, 39 and 40 above-mentioned, shall be completed within a period of 90 days from the date of this resolution. 42. 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. Page 9 ° ~ ~ 4 DU 3 DU. 4 DU aU N ~ U L_ ...1 CL RM-1200 D_ o o VAC. 91D0 57-56-31 ~ <' N N ~ N 4 DO EACH ~ ~ ° 2 n~ n o ~ 4 DU 3 DU 4 DU °° ~ t o t o ~ ~~ ~ ¢~ ¢- U ~ a Q ~ ....~... PARKING BANYAN DR. 74-75-24 OL c°+np BANYAN LN. CUP 1764 80-81-15 ~ ~ a CL CUP 369 57-58-31 ~ v 57-58-31 , SYCAMORE PLAZA fib-67-58 4 DU CUP 2126 SHOPPING CENTER ~ McD0NAJ.D'9 RE6T. ~Q ~ ~" '' w CL W -~ ~ -z. -r- . U7 57-58-18 J `~ ~ "`~ `` ~: a , .CUP 2001-04433 ~ ~- '' "' - CUP 3642 O ~ ~'^~" ~'~ C4 ~ -~ CUP 2608 7 '` '. 57-58 18 ~' ' CUP 1685 ~ 'r. ~ -'z5 w'GUP 2001 04433 ~~ CUP 1655 -y h ,,.. CUP 3642 ~ ; V-2037 0 ~ .~ CUP 2608 - 7= o ~ V-1912 S ~ < -~- y- '~ ~' y ~ ~ CUP 1685 ~'" rv (CUP 3425) "~' $ `~`- ~ ~,- CUP 1655 n ~ 0_ (CUP 2758 T) ~y *~ " r~ ~ ~"" V-2037 f-'~ ''; RM-1200 ~ a la! (CUP 2339 T) ~~ ~- ~4 V-1912 5 ~--~ 87-BB-20 (V-1980 S) ' ~,~ '~-.~ (CUP 3425) ~~ n e V-3732 ,~ ~. Z?} '',-~.~s ~ `~ ~ (CUP 2758 T) ~ r -tea, ~ GPA 346 3 W ,,,. ~ ~ (CUP 2339 T) .e .,~,~ APARTMENTS U` ~, -~ ~r ~ (V-2136 S) ~ - 92 DU W ~' ?4-s- 1 ~. A u ~ 3=f (V-1980 S) r ~x, a~ a"€ ~ ~ ~ ~;. J "' i. :?'.c .~ ~,-.J; e• ,~ " ~ .GRANADA = , ~~ ~«,: ~ SQUARE r --' CL O ~% ~ -~r~:~, 65-66-71 CL ~?s r '-:~ y r'- CUP 1502 C..) fi5-6fi-70 -~ -~` ~-`:'~- -: ~& CUP 369 57-58-18 ~ ` ~ .. s ~~-t„ "-~ ~''"-s,-~ M 0073 CUP 2411 ,. N -^~,,,_,_„ ,~,~- '~' s. -~ 5.5.. ?' :- w's r . ~. ~-;,.,,. ~~ ., -z .-rtro,.. ~~ V-3265 540' .. ..... LA PALMA GL AVENUE CUP 2001-04433. 57-58-18 CL CL CUP 3642 CL 65-b6-b9 65-66-72 CUP 2608 RM-1200 75-76-12 CUP 437} 61-62-36 CUP 1947 RS-A-43,000 RM-1200 °o > RS-7200 CUP a373 61-62-36 58-59-17 V-2914 5 54-55-21 CUP 1655 FAMILY MEDICAL CUP 800 ~ V-865 70-71-52 1p° 1 OU EACH OFFICES FLOWER SHOP VV-90275 0 4 DU 4 OU 5 DU ~ ~ W (55-56-28) ~ Rs-A-43,000 Q CL (CUP 3425 RS-A-43000 58-59-36 RS-7200 CL ~- RESTAURANT (CUP 2758 T) RS-7200 V-ili6 (Res. or InL 74-75-24 ~ (CUP 2339 T) 61-62-36 y-Bfi5 1s RS-7200) 1 DU EACH V-1980 S 1 DU EACH V-2734 CUP 1928 ( ) 1 DU V-1245 CUP 1764 SMALL RESTAURANT t Du CUP 369 sI+OPS NORTH REDWOOD DRIVE ALBERTSONS N. REDWOOD DR. Conditional Use Permit No. 2001-04433 ~~~ ~ Subject Property Date: September 10, 2001 Scale: 1" = 200' Requested By: RICHTER FARMS TRUST Q.S. No. 111 TO ESTABLISH LAND USE CONFORMITY WITH EXISTING ZONING CODE LAND USE REQUIREMENTS i FOR AN EXISTING COMMERCIAL RETAIL CENTER, LAUNDROMAT AND LIQUOR STORE AND TO PERMIT A CONVENIENCE MARKET. 1052-1098 North State College Boulevard and 2021 East La Palma Avenue -Granada Square ITEM N0. 6 RS-A-03,000 RCL 99-00-15 (Res, of Int. to SE) RCL fig-70-43 RCL 69-70-42 ARROWHEAD POND PARKING LOT PR RCL99-00.15 (Res. of Inl. to 6E) RCL93-94-Oi RCL 89-90-29 RCL fig-70-03 (5) RCL 69-70-03 441 RCL 69-70-43 2) RCL 69-70-03 (11 RCL 69-70.42 CUP 3653 CUP 2lM9 CUP 1666 CUP 1353 CUP 120-0 VAR 2576 VAR 2259 ARROWHEAD POND OF ANAHEIM KATELLA AVENUE ~-.~- 310''---®I RS-A-43,000 RCL 99-00.15 (Res, of Inl. to SE) RCL 89-90-29 CUP 3fi53 ARROWHEAD POND PARKING LOT RCL 99 00-15 ~ - (Res of Int. to SE) I ML ¢ RCL 69 70-03 (3) RCL 99-00-15 p RCL 69 70.42 (Res. of Int. to SE) ~ 59 60 22 59-60-23 W .?T-CUP 2003-04727 '- CUP 2269 ~ 'CUP 3703='>;' CUP 1644 ga ,' ARENA;' _' CUP 1707 (7 ~ -: PLAZA' VAR 4363 ~ AYRES HOTEL p ^ ,g p~ 00 4 QyCPU ' O ML A5 RCL 99-00-15 ~ 04~ (Res. of Int. to SE) ~ ~ 5&60-23 CUP 2003 04673 RS A-43 000 ,~ AP - CUP 3716 GPC 2002-00013 - , RCL 99-00.15 (Res f Int to SE G O ~. F ~ . o . ) ~ (CUP 586) RC 14 P (V-2684 W) E EIR 274 ~' 2 J Y 0 IR 274 EIR 32b 0 EIR 321 GPA 2141 GPA 214-I GPA 361 GPA 361 MAI NTENANGE DIVISION COMMERCE O.C. F.C.D. CENTER Conditional Use Permit No. 3703 Subject Property TRACKING NO. CUP2003-04727 Date: July 28, 2003 Scale: 1" = 200' Requested By: LEWIS SCHMID, TRUSTEE Q.S. No. 127 REQUEST TO AMEND OR DELETE A CONDITION OF APPROVAL PERTAINING TO RETAIL SALES OF BEER FOR OFF-PREMISES CONSUMPTION FOR BEER MANUFACTURED ON THE PREMISES IN CONJUNCTION WITH AN EXISTING RESTAURANT AND BREWERY. 2610 East Katella Avenue - J. T. Schmid's Restaurant and Brewery 647 Staff Report to the Planning:Commissioh July 28, 2003 Item No. 6`' 6a. CEQA NEGATIVE DECLARATION (PREVIOUSLYAPPROVED) (Motion) 6b. CONDITIONAL'USE PERMIT N0. 3703 (Resolution):: (Tracking No. CUP2003-04727) SITE LOCATION AND DESCRIPTION: (1) This irregularly-shaped, 3.1-acre property is' located at the southeast corner of Katella Avenue and Douglass Road, having frontages of 310 feet on the south sideof Katella' Avenue andi440 feet on the east ide of Douglass Road (2610 East Katella Avenue = J.T. Schmid's Restaurant).:: REQUEST: (2) The petitioner requests to amend`or delete a condition'of approval pertaining to retail sales of tieer far off-premises consumption for beer manufactured on tfte premises in conjunction with an existing restaurant and brewery. BACKGROUND: J r (3) The property is developed with a 30,500 square foot commercial retail center and is zoned ML (Limited Industrial): The General Plan Land Use'Element Map designates the subject property, and immediately adjacent properties, for Business OfficelMixed-Use/lndustrral land .uses. '; (4) Conditional Use Permit No. 3703!(to permiEa planned unit commercial shopping center, including a 14,000 square foot semi-enclosed restaurant (microtirewery) with on-premises sale and consumption of beer and wine in ai3p,500 square foot industrial complex with waiver of minimum number of parking speces) was approved by;the Commission in September, 1994. On May 13, 1996 the Commissiom,approved final plans fora 10,684 square fooYrestaurant'(mlcrobrewery) and on premises sale and'consumption of alcoholic beverages (in addition' o beer and wine). On August 17, 1998, the Commission approved plans fora 2.,000 square foot expansion of'an existing'semi-enclosed restaurant and brewery and amended conditions of approval to allow the retail sales of beer (1/2 keg minimum size) manufactured on site for off-premises consumption. (5) The petitioner requests modification to conditions of approval to allow off-premises sales of 22-ounce bottles of beer manufactured on-site. Currently, the applicant is permitted to sell beer manufactured on'site in quantities of/: keg or lafger. Resolution Ncz PC98-131; (copy attached) includes the following condition of approval' "2c. That the retaifsales of alcoholic beverages for: public consumption off premises shall be prohibited except for: beer manufactured on the premises and sold in %: keg or larger containers:' ' DISCUSSION: (6) The petitioner has submitted a letter (copy attached), which states that the+bottled beer would be stored at room temperature and'displayed for retail sales for home consumption or as souvenirgifts. Further the applicant hasi indicated that the bottles would be displayed on a 'merchandise shelf behind the host desk. sr1121cw.doc 'Page 1 ' Staff Report to .the Plarning Commission July 28, 2003 Item No. 6 (7) The Commissiortshould note that when the restaurant with an accessory brewery was originally approved in September 1994, Resolution No. PC94-119 (copy attached) included the following condition of approval: " "2c. 'The sale of alcoholic beverages for consumption off the premises shalt be prohibited except for beer brewed on the' premises:" In May 1996, the'Commission approved final plans for a restaurant and microbrewery witfi Resolution No. PC96-44 (copy attached) and altered the condition pertaining to;off-premises sale°of alcohol to read as follows: "2c. :That the retail sale of alcoholic beverages for public consumption off the premises' shall be'prohibited:' In August 1998, the Commission approved additional modifications to the permit with Resolution No. PC98-131; (copy attached) by modifying the condition pertaining to off- premises sale of alcohol to read as follows: "2c, i That the retail sales of alcoholic beverages for public consumption off the premises shall be prohibited except for the beer manufacturetl on the premises and sold in Yx !keg or larger containers:' (8)' Staff believes that retail sales of beermanufactu~ed on-site would not be detrimental to the surrounding area providedlthat it is sold at room"temperature. The Commission may wish to note that "room temperature" storage of beer equates to 62 degrees, whereas tieer consumed on the premises is served at 38-41 degrees. Considering'the temperature and that the beer is manufactured on-site,, toff believes that the primary customer will be individuals purchasing beer for home consumption or as a'!souvenir/novelty. (9) `; The Anaheim Police Department has jirepared a memorandum (copy attached)' indicating no opposition to this request for the retail sales of beer manufactured on=site provided that it be sold at room temperature. Furthermore, the Anaheim Police Department and the State Department of Alcoholic Beverage Control indicate that nd'additionalrreview for' Determination of Public Conveniencebr Necessity is required because the prior Determination of'Public Convenience>or Necessity (determined by ABC) was established with the issuance of the existing ABC license. ENVIRONMENTAL IMPACT ANALYSIS: (10) Staff has reviewed the proposal to permit the retail sales of beer (22-ounce bottle minimum size) manufactured on-site for off-premises consumption ahd finds no significant adverse' environmental impacts resulting from!any changes to the existing project. Therefore, staff recommends that the previously-approved Negative Declaration in connection with Conditional Use Permit Noy 3703 serve as the required environmental documentation for this request upon a finding by the Commission that the Negative Declaration reflects the independent judgment of the lead agency and tfiat it has considered'the Negative Declaration together with any comments received during the public review process and furthe[finding on the basis'of the Initial Study (a;popy of which is available for review in the Planning Department) and'any comments received that there is no substantial evidence that the project will nave a significant effect on the environment. Page 2 Staff Report to the r `Planning Commission ';July 28;'2003 :Item No. 6' GROWTH MANAGEMENT ELEMENT ANALYSIS: (11) The proposed project has been reviewed by affected City departments to determine whether it conforms with the City's Growth Management Element adopted; by the City Council'on March 17, 1992. Based on City staff review of the proposed project, it hasbeen determined - that this project does not fit within the scope' necessary to require'a Growth Management 'Element analysis, therefore, no analysis has been performed. 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 tfie following conditions'exist: (a) That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code, or that said use is not listed therein as being a permitted use; (b) That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located; (c) That the size and shape of the site fofthe proposed use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety,!and general welfare;:. (d) That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improvedto carry'ttte 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 peace, health; safety and general welfare of he citizens of the City ofAnaheim. '(13) Subsection 18.03.092 of the Anaheim Municipal Code provides for the modification of termination of a conditional use permit for one or more: of the following grounds: (a) That the approval was obtained by fraud; (b) That the use for which such approval is granted is not being exercised within the time specified in such permit; (c) That the use for which such approval was granted has ceased to exist'or has been suspended or inoperative for any reason for a period of six"(6) consecutive months or more; (d) That the permit granted is being, or recently has been exercised contrary to the terms or conditions of such approval, or in violation of any statute,`ordinance law or regulation; (e) That the use for which the approval was granted has been so exercised as to be detrimental to the public health or safety, or so as tc constitute a nuisance; (f) That the use for which the approval was granted has not been exercised, and that based: upon additional information or;due to changed circumstances; he facts necessary to support one oC more of the required: showings for the issuance of such entitlement as set forth in this chapter. no longer exist; and/or Page 3 Staff Report to the Planning Commission July 28, 2003 Item No. 6 (g) That any such modification, 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 under the donditional'use permit as granted. .RECOMMENDATION: (14) Staff recommends that, unless additional or contrary information is received during the hearing, and based upon the evidence submitted to the Commissiorf including the evidence presented in thisstaff report, and orej and written evidence presentetl at the public hearing, the Commission take the following actions: (a) By motion, determine that the: previously-approved CEQA Negative Declaration is adequate to serve`as the appropriate environmentdocumentation for this request: (b) By resolution, aoordve Conditional Use Permit No. 3703 (Tracking No. CUP2003- '' 04727) to amend's' condition of approval pertaining to retail'sales of beer for off- ; premises consumption for beer manufactured on he premises in conjunction with an f existing restauranfand brewery based on the fallowing: (i) That the'retail sales of beer manufactured on-site for off-premises z consumption is listed as conditionally permitted uses for a planned unit commercial centern the MLZone, and'that these'uses will not adversely affect the adjoining';land usesand the growth and development of the area since the use as amended would be compatible with the surrounding commercial, industrial and recreational land uses..'. (ii) That the',requested'amendment to allowiretaii sales of beer for off- premises consumption for beer manufactured on-site (limited to 22 ounce bottles sold at room temperature) as conditioned herein, would not be detrimental to the immediate neighborhood nor to he peace health, safety and general welfare of the citizens of the City of Anaheim. (15) Staff recommends that, should the Commissiomapprove the request, that Resolution Nos. PC94-119, PC96-44 and PC98-131 be amended in their entirety, td be replaced by a new resolution with the following conditions of approval: 1. Tftat the minimum number of parking spaces required by Code shall be available for subject proposal, if any off-site:; parking spaces are provided on the adjacent Orange County owned property to satisfy the Code requirement, a parking: agreement between:the subject properly owner:and the County of Orange shall be submitted to antl approved by the City Attorney's Office, and submitted to the Zoning Division following recordation with the Office of,the Orange County Recorder. This conditional use permit shalCbe valid only if Code required parking js available: 2. That subject estaurant shall continuously adhere to the following conditions, as required by the Police Department: a.' Food service, including meals, shallbe available until 11:00 p.m. or closing time, whichever occurs first, on every day of operation! Page 4 .Staff Report to the Planning:Commission July 28; 2003 Item No, 6 b. The alcoholic beverage license shall not be exchanged for a public premises type license nor shall the premises be operated es public premises. c. That the retail sale of'alcoholic beverages for public consumption off the premises shall be limited to 22 ounce bottles or larger. Individual bottles sold for off-premises shall be stored and sold at room temperature (62 degrees) and ell beer sold for off- premises consumption shall be manufactured on the premises. d. That the gross sales of alcoholic beverages shall not exceed forty (40) percent of 'the total gross salesfof all retail sales during any three (3) month period. The applicant shall maintain records on a quarterly basis indicating the separate amounts of'sales of alcoholic beverages and other items. These records shall be made available for inspection byany City of Anaheim official when requested. e. Entertainment provided on the premises shall not be audible beyond the area under 'the controlbf the business. f. The exterior doors shall be kept closed at all times'. during the operatioh of the premises except in cases of emergency and to permittleliveries. ` g. There shall be no more than two`(2) exterior advertising devices of any kind or type (such as signs), including advertising directed to `the exterior from inside the building, promoting or'ndicating the availability of alcoholic beverages. h. That there shall be no live entertainment, amplified music or dancing permitted on the premises at any time without first obtaining all proper permits as required by the Anaheim Municipal Code. 'r i. The parking lot of the premises shall be equipped with' lighting of sufficient power to illuminate and make easily discernible the appearance and conduct pf alt persons on or about the parking lot. The lighting in the area hall be shielded to prevent unreasonable illumination of the window areas of nearby businesses. j. The number' of persons attending any event' at subjecfproperty shall not exceed the ; maximum occupancy load as determined by the Anaheim Fire bepartment. Signs ihdicating :,the maximum occupancy shall be prominently displayed within the premises. i k. No alcoholic beverages shall be consumed on any property ad}'acerit to the premises under the control of the applicant. I. Sales, service and consumption of alcoholic beverages shall'be permitted only between the hours of 10:00 am.'and 2:00 a:m. m. At any time entertainment is provided on the premises,'the applicant(s) shalLprovide a maximum of three (3) uniformed security guards (who shall comply; with all requirements of the California Department of Consumer Affairs and the Anaheim 'Municipal Code) to maintain order therein as directed by the Anaheim Police Deparfrne~t. ::Page 5 Staff Report,to the Planning Commission July 28, 2003 Item No. 6 n: There shall be no pool. tables o[ coin-operated games maintained upon the premises at any time. o: Subject business shall not employ or permit any persons to solicit or encourage others, directly.: or indirectly, to buy,them drinks in the licensed premises under any ; commission, percentage,salary, or other profit-sharing plan, scheme or conspiracy. ; 3. That the property shalt maintain cbmpliance with the solid waste storage antl collection. plan and recycling plan. 4. That any proposed freestandingsign on subject properly shall be a monument-type not exceeding eight (8) feet in height;and shall be subject to the prioCreview and approvalof the City Traffic and Transportation Manager to determine adequate lines-of-sight. 5. That, in addition to the restaurant, there shall be a maximum of eight (8) retail"units permitted. 6. That subject property] shalt 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 Revision No. 1 of Exhibit No. 1 and 3; Exhibit Nos. 2, r 4`and 5; and Exhibits A hrough E (restaurant) and as conditioned herein. 7. That the following accessory uses may be;permitted for subject planned unit commercial shopping center: a.' Cellular service and/or distribution b Bakery, sales and/or preparation and distribution limited to facilities with up to ten ` (1b) customeeseats c. Food related sales and preparation and distribution limited to facilities with up to ten (10 ).:customer'seats d: Clothing and apparel sales and distribution and/or assembly e: Confectionery and/or candy store f. Photo store g~ Photography studio h; Coin shop i. Sporting goods store or related type' j.' Sports related paraphernalia or collectibles sales and assembly and/or distribution ki Ticket agency,!: L Travel m. Hotiby shop n: Jewelry sales,'distribution and/or assembly o: Interior design,or related use (tile, bath accessories, etc.) : p; Retail supply stores including but :not limited to vehicle accessories and parts, ; books, hardware, pet shop, toys q. Rental services r. Athletic shoessales and distribution.: s: Recteational-type store (exercise equipment, etc.) t. Aquatic relatetl sales, services and/or distribution u: General office`use Page 6 Staff Report to the Planning Commissioh ' July 28; 2003 Item No: 6 8. That the establishment shall be operated as a "Bona Fide Public Eating Place" as defined by Section 23038 of the California Business'and Professions Code. 9. That there shall beno bar or lounge maintained on the property unless licensed by Alcoholic '' Beverage Control and approved by the City of Anaheim. 10 That the activities occurring ih conjunctioh with the'operation of this establishment hall not cause noise disturbance to surrounding properties. 11`. That all doors serving subject restaurant shall conform to the requirements of the Uniform ' Fire Cotle and shall be keptblosed and unlocked at all times during. hours of :operation except for ingress/egress, deliveries, and: in cases bf emergency. 12; That there shall be'ho coin-operated telephones oh the property located outside the building and within the cont~oi of the applicant. 13; That in addition to the restaurant, there shall be a maximum of eight (8) retail units permitted. 14 That any outdoor dining area shall be completely enclosed by fencing or other such permanent structure as approved by the City. Said enclosure shall be a'minimum forty (40) ;, 'Inches in' height and entry into the enclosure shall be possible only from the interior of the business: Emergency exits required by the Uniform Fire Code shall be maintained; but not utilized by patrons/employees other thanin an emergency. Said enclosure shall tie shown on the plans submitted for building permits. 16: That the granting of the parking waiver is contingent upon operation of the: use in conformance with ithe assumptions relating to 'the operation and ihtensity of use as ' contained in the parking demand study' hat formed the basis for approval of said waives Exceeding, violating, intensifying or othervvise deviating from any of said assumptions, as 'r contained in the parking demand study, shall be deemed a violation' of the expressed conditions imposed upon said. variance which shall subject that variance to termination or ' modification pursuant to the provisions of Sections' 18.03.091 end 18.03:092 of the'Anaheim Municipal Cade. 1ti! That approval of this application constitutes approval of the"proposed tequest only to the ' extenYthat 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 ' L or requirement. Page 7 ATTACHMEIJT - ITEM N0. 6 MEMORANDUM City of Anaheim POLICE DEPARTMENT DATE: June 24, 2003 TO: Charity Wagner Planning Department FROM: A/Sergeant Brian McElhaney Vice Detail SUBJECT: Conditional Use Permit 2003-04727 JT Schmids Brewhouse & Eatery 2610-2618 East Katella Avenue Anaheim, CA 92806 The Police Department received an I.D.C. Route Sheet for C.U.P. 2003-04727. This applicant is requesting to amend his Conditional Use Permit to allow off-sales of bottled beer at room temperature. The Police Department does not oppose this request by the applicant. If any additional information is needed please contact me at extension 1465 f:\home\lgovemale\2g03-04727 JT Schmids.doc ATTACHMENT - ITEti tJO. 6 June 3, 2003 Dear Sir or Madam: Please accept this letter as a formal request to eliminate condition 2C from conditional use permit 3703. I am requesting the elimination of 2C for the purpose of selling bottled beer at room temperature to patrons wanting to take our beer home for consumption or as a souvenir gift. If you have any questions please contact me at (714)937-1901 Sincerely, ((~JUP - ~ f 53 ~ 2610 E. KATE:LLA BLVD ANAHEIM CA 92806 PHONE ]Iq/bjq-9200 FAX ]IQ/bjq-O Ib WWW.J TSCHMID.CO FI ATTACHi4ENT - I TEtt N0. 6 ' A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING RESOLUTION NO. PC94-119, AS AMENDED BY RESOLUTION NO. PC98-44, ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT 3703 ' WHEREAS, on Saptemt>er 7, 191Yt the Planning Commission adopted Resolution No. PC94-119 to approve CondiBonal Use PennB No. 3703, in part, and permit a 30,500 sq. ft, planned unit cornmardal shopping center at the southeast comer of Kalella Avenue and Douglass Road, including a 14,0 sq. ft semi-endosed restaurant (mlcrobrewery) with on-premises sale and wnsumption of beer and wine, and with waiver of minimum number of parking spaces (waivers of minimum landscaping requirements and minimum required parking lot landscaping were denied); and WHEREAS, on May 13, 1998, the Commission adopted Resolution No. PC96.44 to amend Resolution No. PC94119 and pennR on-premises sale and consump8on of alceholic beverages, instead of beer and wine onty, in the restauranUmicrobrewery, 'and that Commission also approved final plans, induding that the restaurent/microbrewery was reduced to 1Q684 sq. ft., and amended the conditions of approval in their entirety; and Ihat said resolution Indudes the fpllowing conditions: 2.c. Thal the retell sale of alcoholic beverages for public censumpticn off the premises shall be prohibited. 6. That subJed property shall be developed substan8alty In accordance with plans a~:d speafip8ons submitted to the City of Anaheim by the peti8oner and which plans are on file with the Planning Department identified as Exhibit Nrs. 1 through 4, and FxhibiCNos. A through E (restaurant). WHEREAS, subjed property is developed with a 30,500 sq. ft. commerdal retail center, induding J.T. Schmid's Restaurant at 2619 East Katella Avenue, in the ML (Limited Industrial) Zone; and WHEREAS, the pe8tioner has requested amendment to this condi8onal use n•:.°.,:t to eland the restaurant by 2,018 sq. ft: (to 12,702 sq. ft.) and modify the wndi8ons of arprora: t,' ;iiw: the retail salebf beer (in minimum 1/2 keg containers) manufadured on-site for ofd pree,~ses consumpGor+.; and that revised plans (Revision No. 1 oPExhibit Nos. 1 and 3, and Exhibit No.'h; were submitted ;d illustrate the proposal; and WHERF~IS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 17, 1998, at 1:30 p.m., nofice 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 invesfigate and make findings and recomnvandations in connac8on therewith; and WHEREAS, said Commission, after due inspection, inves8ga8on and study made by itself .and in its behalf, and after due cons(dera8on of all evidence and reports ofrered at said hearing, does find and deternine the following fads: 1. That the proposed e~ansion of the restaurant and the retail sale of beer manufadured on- sRe iur oft-premises censump8on are uses for which a conditional use permit Is authorized by Anaheim Municipal Code Sections 18.61.050.310 and 18.61.050.390 in a planned unit commercial center in the ML Zone. CR3401 PLDOC -1- PC98-131 2. That the uses, as emended, will not adveroey effect the adJr,ining land uses end the growth and development of the area since these uses era compatible with the surtoundinp commercial, Industrial and recreatlonal land uses. 3. That the proposed modifications, under authority of Subsection 18.03,092.080 of the Anaheim Municipal Code and InGuding the Impositlon of edditlonal conditions, era reasonably necessary to protect the public peace, hearth, safety and general welfare, and necessary to permit reasonable operetlon under the conn:`Ional use pannit sa previously granted: 4. Tha: the size and shape of this site L adequate to allow full development of the commercial center, including tie expansion of the restaurant, In a manner not. detrimental to the immediate neighborhood nor t~ ~ •~re pasta, health, safety and general welfare because the proposed expansion will -ot create a vra:'.+~r of minimum number of parking spaces for the commercial center and because the roto5. ~.Ja of heal manufactured on-site and sold for otf-premises consumption will be limited to minimum 1!. ~^^ fepproximatety 15.5 gallons, with an overall walghtpf approximately 125 IbsJ or larger containers. 5. That the proposed expansion of the restaurant w1t not measurably increase the amount of traffic In the immediate area nor create an undue burden upon the streets and highways. 6. That, as Indicated by the Anaheim Police Department and the Stale Department of Alcoholic Beverage Control, no additional review for Determination of Public Convenience or Necessity is required for this proposal to permit the retail sale of beer manufactured on-site for off-premises consumption in connection with a restaurent/microbrawery. Z That no one indicated their presence, at the public hearing in opposition; and that no correspondence was received in opposition to this petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING`. That the Anaheim City Planning Commissbn has. reviewed the proposal and. does hereby find that the Negative Declaration previousy approved in connection w'rfh Conditional Use Permit No: 3703 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 k has wnsiderad the previously approved NegaWe 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 amend Resolution No. PC94-119, as amended by Resolutlon No. PC96-44 and adopted in connection with Conditional Use Pennlt No. 3703, as follows: (a) Amend the previously approved conditional uses, under authority of Anaheim Municipal Coda Sections 18.61.050.310 and 18.61.050.390, to expand the restaurenUmicrobrewery from 10,684 sq. R to 12,702 sq. ft and permit the retail sale of beer manufactured on-site for off-premises consumption; and (b) Amend Condition Nos. 2:c: and 6 to read: 2.c. That the retail sales of alcoholic beverages for public consumption off the premises shall be prohibRed except for the beer manufactured on the premises and sold in 1/2 keg or larger containers. -2- PC98-131 8. Than sub)ad property ahall b® davelop®d aubatantially M accordance with plans and apaGficatlona submttted to the City of AnahaUn by the petitioner and which piano ere on ' Na wkh the Planning Department marked Reviabn No.1 of Erfiibit No. 1 end 3; Exhlbk Nos. 2, 4 and b; and Exhlblta A through E (restauranQ, and as conditioned herein. THE FOREGOING RESOLUTION wee adopted at the Plannlnp Commisalon meeting of August 17,1888. ,.. f Original signed by Stephen W. 6. istol) CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST:' (~:i~;rzlsi;rad'ny 4?;L~arita So)o~lo) SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF ANAHEIM ) t, 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 August 17, 1998, by the following vote of tho members thereof: AYES: COMMISSIONERS:BOSTWICK, BOYDSTUN, BRISTOL, NAPOLES, PERAZA, WILLIAMS NOES: COMMISSIONERS:NONE ABSENT: COMMISSIONERS:NONE VACANCY: ONE SEAT VACANT IN WITNESS `NHEREOF, I have hereunto set my hand this day of .1998. (Orfg)nal signed by Mllrgarlta Solerlo) SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC9&131 ~~ ATTAOHi1ENT - ITEit N0. 6 A RESOLUTION OF THE ANAHEIM CRY PLANNING COMMISSION - AMENDING CERTAIN C.ONDRIONS OF APPROVAL OF RESOLUTION N0.84-118 ADOPTED IN CONNECTION WfTH CONDRIONAL USE PERMR N0.3703 WHEREAS, aubJed property le currerttly developed wflh 930,ti00 aq. ft. induatrlal butding at 2600 - 2620East Katefla Avenue and zoned ML(FPj °Umned Irduattlal • Floodplaln Overlay.' WHEREAS, on September 7, 1994 the Planning Commiaskxt adopted Resdutlon No. 94-119 to approve Cordnbnal Use Permit Na 3703 and permit a planned unit commercial aiwpping center, Including a 14,000 sq.ft send-enclosed restaurant (m~rotxewery) with on-premises sale and consumption d beer and wkre trr a 30,500 sq.R trdustrlal complex, and whh waiver d minimum number d parking spaces; and that no further action was taken by the Clry Counct. WHEREAS, petitbner proposes to expand the prevbitsly approved on-premises sale and corstdnpttorr d bear and wino to orTprendses sde and d alcoholic beverages; and that the petitioner has also submitted deleted flnal floor plans and Interior elevation drawings Qabeled Exhlbtta A throt7gh E) for review and approval ae being In sut7stantlal coMormance with the prevbusly-approved floor P~- WHEREAS, the Cny Planning Commisskxt da held a publ~ hearing et the CMc Center in the Chy d ArmFrelm on Apra 15, t 996, at 1:30 p.m., ndke d sab pubik; hearing having been duly given as required b7l Iaw and M accordance with the provlsbns d the Anaheim Munk:Ipai Code, Chapter 18.03, to hear and cwtslder evbence for and against sakJ proposed amendment and to Investigate and make flndings and recommerxiatbns In connectbn therewith; and that saki public hearing was continued to the May 73, 7996 Planning Commission meeting: arm WHEREAS, said Commissbn, sitar due Inspedbn, lnvestigatlon and study made by Itself and in ks behalf, and aher due cortsderatbn d all evdence and reports offered at said hearing, does find and determine the fo6vving fads: t. That the proposed amendment is necessary to permit reasonable operation under the use pennn as odglnaliy grarrt~; 2. That the proposed use, as amended, is properly one for whk:h a cortdnkxai use pennn Ls authorized by the zoning code; 3. That the proposed use, as amended, wtl not adversely effect the edJolning low uses and the growth and devblopmerrt d the area In whkh k la proposed to be located because the addnlonal alcohd~ beverage aervfce M the proposed reatataard (s3 sttw:n on ~ submitted firtai plans) {s a compatible use ~ the corrtext d the surtourding area; 4. That the size end shape d the site for the propose: tso, as amended, Is adequate to allow the fufl devblopmeru d the proposed use In a manner rot daMrnental to rho partkular area nor to the peace, health, safety and general weFFare because (1) the on-premises sale and consumption d alcohdk: beverages wtl be in r~nJundbn with ttx~ proposed restaurant operat}orre (noel servk~) and (If) the petnloner stipulated that t1~ fad7ny wtl rerrtakt a restaurant and wR nd become a r7lgMdub or bar; 5. That the tndfic generated by the proposed rise, as amended, w01 not Impose an undue burden upon the streets and highways dasigr>~ and Improved to carry the traffk: kt the area because the restaurarrt/~ portbn d the 30,500 sq. R later certter has been reduced from 14,000 to 10,684 sq. fL: ix'2649dmwp -1- PC9&-44 e. That the tleo potmfl, tattf~ the condftkxts krfpoood, wPq trot be detrtrnoraal to ttta peac®, heahft, safety and general welfare of L'te c~tlzsns of the Gty of Anatrelm; 7. That fife floor plans era a a3QnNl~nt improventam over the PrY approved dam ark that the attbrnated dotaled kdonnaUon te~rding the operatbn of the restaurant Indkaung that a portion ~ ttte restaurant wp be Pood eervke; 8. That the Anahalm Pdroe Department dose not oppose the proposed on-premises sale of elro bevera~a t>~auae of m the reatatrrerrd'e unique location aril (I() the on-premises alcohdlc beverage eervke, as ca~ftia~, w11 r>a be a detriment to the Immediate neighborhood and should trot - create eddftlonM servfca aJls for the arm; ark a That rw are ~icated thek presence at said public hearlrp in oppoahbn; and that no con-esporroence was received trr oppoaRlon to the subject pethkm. .CALIFORNIA ENVIRONMENTAL QUALITY ACT FlNDING: That the Anaheim City Planning Carvrdssbn tma reviewed tl~ proposal arro does hereby fl~ that the NegaWe Dedaratbn prevkwsly approved h wfth Cadttbral Use Permh tJo. 3703 fe adequate to serve as the required trorrtal dorxur>araatbn In melon whh this request upon flrxfir>s7 that the dedarailon refieds the h~epend~ Judgerrrerx ~ the lei ageruy and that h t~s cans.'dered the prevkwsly approved Negathre Dedaraflon together wfth any caronerus rem during the pub4c review process and further flnding on the basis of tl~ kih6al study er~,erry carunents received that there Is rw substantial evidence that the proJeci vrW have a eflect on the ernironrt>enL NOW THEREFORE BE R RESOLVED that the Plannktg Commission does hereby amend Resdutkm No. PCB4-I19, adopt~i h connedbn wkh Condfllonal Use Penntt No. 3703, as rdlows: (e) Mod1Py the pravbusly approved cot~hbrtiel ttea, tmderattthority by Aneholm Munk:lpal Code Sections 18.61.050.310 and t 8.81.050.3, to pennh a 30,500 aq.R planned unft commercial shopping center, ktdudk~g a 10,684 sq. R aePrd-andosed restaurant whh on-premises sale ark consumlxlon ~ alcohdlc bevereQea; arro (b) Amerro the ~ftkxie of approval. In thek errtlrety, to rem follows: 1. ` Tnat the mlrrlmun number o! parkfnp spears required by Code shall be' avaBable fa subject proposal. H any oft-she parking spaces are pravlded on the ad)acent Orange County owned property to satisfy the Code requirement, a parking agreement between the subject property owr~r and the Courrty of Orange s!>aA be submhted to and approved by the City Attorney's Oftlce, arxt st>bmhted to the Zoning DMslon tdlowing recadatbn with the t3fflce of the Orange County Reaxd~. This cor>dhkx~l use permit shall be valkl ody N Code required parking Is avaHaWe. 2 That subject restaurant st>a9 axsintmu~y where to the foAaYving carottkxre, as required by the Pa0ce Depertrrrenti a. Food serv{ce, ~ludktg rrt~ls, strap be avatattle trrt-11:00 p:m a dosing time. whldtever Dears fkat, «t every day ~ operetbn. b. The elatltofk beverage Ik;ense shall trot be exdianged for a public pr®mires type Ik~ense t~ shai ttte prernisea be operated as a public pr®mia®a. c That tt~ reta6 sale ~ ala~hd~ beverages fa punk: amsurnpUat oft the premises Shall be c264&lmwp -2- PC~r44 d. That rile gross itelea of alcotmifo beverages shall riot ancceed forty (ail) percent of lira total ~ sales o1 a& retal salsa during any three (3) morrth perfor~. Thor npplkant-shall rrtgir>teln rec«da on a grmrterty heels ktdk~ting the aeimrate amounts d salsa d elcofrdk beverages end other kema. Thane records shalt b® rt~tla ava6aNe S« Inepectlon by arty Cory d Ar>ehelm oflkml when .requested. e. Erdertalnmerrt provided on the premises oheA t~ be eudibla beyond the' area under the corrtrd of the business ' f. Thor exterbr do«a atrall be kept dosed at all times during ttie operetbn of the premises except kr cases od enrergency ark to penult delhrerlea g. There shore be no more then tyro (2) exterkx advertising devkea of erry kkd or type (ouch as signs), kidt~4rg edre~ntl dkeded to the exterbr from Inside the twading, promd)ng «hxikatkig the avaiab8lty of alcdtdk beverages.. h That tiuxe shall be no Ilve eniertalnmerrt, amdifled musk or danclrx~ permitted on the premLSes at any time without first ol%aldng all proper penntts as required by the Anaheim Mtailclpal Code. L The paring lot of the premLsea shad be'equlpped wRh IlgMing ~ sufflclent power to nluminate aril rrmke easBy diacemible the appearance and condos d ail persona on « about the parking lot The lighting in the area shall ba shielded to prevent unreasonable 6luminatlon of the wir~ow areas of nearby` businesses. J. Thor number of persona atterxiing arty avant at subJect property shall not exceed the . rr~dmtxri oncy load as determined by Uie Anaheim Flre Department Signs kxlk:aUng the mardmum occupancy shall be prondnemly displayed wtthln the premLses. k No aicohdk beverages shall be consumed on arty property adJacerrt to the premLsas under the corNrd of the appikarrt. sales, service ark consumption ~ alcohdk beverages span be permitted oNy between the troura of 10:00 am ark 2:1~ am m. At arty tlrne enteAalnmerrt k provkied on the premLses, the applicant(s) shall provkte a mkdmum of three {3) unllorm~ securky gt~rda (who af,an rbmplywfth all requirements of the Calnomk Departmenrt of Consumer Affairs ark the Anaheim Munklpal Cade) to maintain order therein as dkeded by the Anaheim Pdlce Department n. There shorn be rw pod tables o(cdn-operated games malntalned upon the premises at arty time. o. SubJed txtsiness atmil r~ employ or pennft any persorie to sdktt or erx:ourege others, dksctly « kxfirecUy, to buy them drkttca 6r the Ik~nsed premLses under arty commission, percerxage, salary, « prole-sf~ring Plan. schertta «conspirary 3. That a plan sheaf for said waste steeps ark coAedion. and a plan for recycling shall be submtti~t to the Depertrrrerrt d AAalMernrrce for review and approval. 4. Tr>et any proposed ireestar~krg sign on eubJed property siren be a monumerrt-type nor exceeding elgM (t3) feet k height and simfl be subJed to the prior review and approval of the Clry Tretflc and Trar~Ortatlrst Marmgec to determlrte adequate liras-of-sight. 5. Tt~t, k add61«t to the restaurerrt, there sltaA be a n~dmum of elgM (8) reta9 units permitted. c2649dmwp ~- PC9fr44 e. That et~jact property ~ davefoped kt ®ct~rdarrce wPih plena and e ettsd to ttrs Cky of Anaheim by lire ord which plena era on fBe wPth the Planting rga k Nos. 1 through 4, and EdrRrh Naa A thrcwgh E (restatuarrt). _ 7. Tint t}is to6rnrkrg accsssay ltam8 ~Y b® p~rtrkted tot aubJect planner lrrrk carrrrtarclal e. CeAutar servks and/a dtetrlbuNat b. Bakery, sales and/~ preparauar and dlssr~utlor, Ilrne~ to taclrtlea wnh up to ten (10) «>~«~. seats a Food mated sales aril prepsretlon end diatrktxttbn Ilmked to fac9ldea with uP to ten (t 0) aratomer seats d. patt~rg end apparel sales and dlstritxrtbn and/or assembly a andja candy store f. Ptroto store g. Photography studb h. Coke shop L Spatkrg'goods atoFa a'refated type j. Spat related paraptrenralta or coAelibles sales and assembly and/or distrtbutbn k Ticket agency L Trevel m Hobby shop n Jewelty sales, ddbn erd/or assemtyy a Irrterfa deslgrr w related use (ue, bath accessories, eta) p: RetaH supply stores krdtxikr9 fx! rrot IlmRed to vehicle eccessorfes and parts, books, hardware, pet shop, toys q. Rer%aJ sus • r. AWs4k stores sales and dlsirlbudon a Reaeatbrral-type sine (exercise equipment, etc.) C Aquatk related sales, services and/or dlsiributbn 1 General ofrke use 8. Thai prior to isstrarrce of a buRding pennh, ar prior to commencement of the adlvlty herein approved. or w6hdn a perbd of are (i) year from the date of this resdution, wh~hever occurs fkst. Card@lar Naa 1, 3 erxi 79, herein-merrtloned, shalt be canplkxf wt[h Extenskxu forturther tlrrre to compiste Bald cadhbns maybe grarried in accordance with Section 18.03.t)~ of the Anatrekn Mtxl Cade. 9. Thai prior to fu~I buSding aril zarkrg inspellons, a prior to r~mmencement ~ the activity herein approved, whkt~rer occurs first, Cardttbn Noa 6 and 19, herein-mentioned, stmll be compiled with. t0. That approval of this apptlcstiar constttirtes approval of the proposed request ordy to the orient that k ~Ies wfth tt~ Arratrekn Munidpal Zoning Code and arty other apple City, State erd F~er~ regtlatbrra. Appro+ral does rrot krdtxle arty albn a findings as to corrtpilance or approval of the request regardlrrg any ocher eppik;able ordinance, regtaatbn or requiramerrt. 71. That the grentgrg of the parking waNer Is upon operation of the use In corrfonnance wRh itre relatlrrg to the operetlar and krterraky d use as contained N the parkng demand sitrdy that fom~ the basis for approval d saki waNer. Exc~edkrg, v{dating, Intensifying «oth~wlse devlaikrg tram erry d sab assumptkxra, as corttalrted in the parking demarnl study, stmfl ~ deem n vfar of the expresses iXxdRkxm Imposed upon sab variance which almll steed that variance to terminatiar or modHicatbrr pursuarrt to the pravlsbna of Sellars 1&03.091 erg t&03.092 of the Artaf~lm Mtmidpal Code. 12 That tt~ shaA ba operated as a Bone Fbe Publkc Eating Place' as defined by Seller 238 of the Calflarrla Btmkresa and Prdesabns Code. cr2649dmwp -4- PC9t344 18. Thai the pottbn of ttda pamdt regarding ttte ort-fxemLsea sale of alcohd slmll expire one (t) Year from the date of tttls readtRbn uNesa a valM Ilcerue has been Issued by the CalHomla of A Bevera~ Cor6rd. 19. Tt~t arty widoor din6tg area efml be camptetely erxiosed by fencing a other such pennanerrt strtxxtae am approved by the Cky. Sad attt~txe shall be a minimtrm forty (40) ktcftes ~ helgfu end try kYo the endoatxa she0 be ordy frnrrt the hterlor of the business. En~gency sus required lry the UMonn Fke Code ef>aA be n>alntaln~, but rrot ut-tzed by patrons/employees other than kt rut emergency. Said er~loaure aftafl be shown on the plans for buJiding parrnCa. THE FOREGOING RESOL.LfEEON was adopted at the Planning Commisson meeting of May 13. 19~. lOrigir~al signed by Julie A. Mayer) CHAIRWOMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: (~Fljlfill i1jBOd 6y 4sgarita Solorlo) SECRETAAY, ANAHEIM CfTY PLANNING COMMISSION STATE OF CALJFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEM ) I. Solorb, Secretary ~ the Anaheim Cay Planning Commission, do hereby certify that fire foregoing resoiut~t was passed ark adopted at a meeting of the Armhelm City Planning CanMsslort hey on May 13. 1 Ems. try the fotlow4rg vote ~ the rnambers thereof: AYES: COMMISSIONERS: BOSTWICEC BOYDSTUN, BRISTOL, HENNINGER, MAYER, MESSE, PERAZA NOES: COMMISSIONERi: NONE ABSEMi: COMMISSIONERS: NONE IN WETNESS WHEREOF,1 have fteretado set trry harxE this day of 1 ~S. (Original signed by Margarita Solorlo) SECRETARY, ANAHEIM CiTY. PLANNING COMMISSION a264s~mwp ~- ATTACHt1ENT - ITEM tJO. fi RESOLlITiON N0. PC94.1t9 A RESOLUTION OF THE ANAHEIM CRY PLANNING COMMISSION THAT PETRION FOR CONDRIONAL USE PERMR N0. 3703 BE GRANTED, IN PART WNEAEAS, the Anaheim Chy Planning Commiealon did receNe a venfled PeUtbn for Condttkmal Use Permit fw certain real property sRuated in the City d Anaheim, County d Orange, State of CalNomla, described as: LOT 8 OF THE TRAVIS TFLACT, IN THE CRY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 5, PAGE 120, MISCELLANEOUS MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM, THAT PORTION OF SAID LAND LYING EASTERLY OF THE WEST tJNE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED TO ORANGE COUNTY FLOOD CONTROL DISTRICT RECORDED FEBRUARY 6, 1939 IN BOOK 984, PAGE 15 OF OFFICIAL RECORDS. WHEREAS, the Clry Planning Commission dki hold a public hearing at the CMc Cemer in the City d Anaheim on August 8, 1994 aE 1:30 p.m:; notice' of saki public hearin; having been duly given as required by law and In accordance wfth the provisions of the Anaheim MuNcipal Code, Chapter 18.03, to hear and conskier evidence for and against saki proposed conditlonal use penult and to imesUgate and make findings and recommendatbns In connection therewfth; and that subJed public hearing was continued to the September 7, 1994 Planning Commiss;on meeting; and WHEREAS, saki Commi:slon, after due inspection, Investigation and study made by itself and in hs behalf, and alter due conskiereUon d a0 evdence and reports aYared at saki hearing, does find and detennlne the fdlowing facts: 1. That the proposed use Is properly one for which a condftbnel use permit Lv authorized try Anaheim Municipal Code Sections 16.51.050.310 and 18.61.050.390 to permR a .30,500 sq.fL planned unit commercial shopping center, Induding x.14,000 sq.ft: semi-endosed restaurant wfth on-premiso sale and consumption of beer and wine, with waNer d the following: (a) Sedions 16.04.060.013 - Minimum larxis~oe reauirement~: and 18.61.063:040. (b) Sections 18.04.060.050 - Minimum recufred oarklnc lot IandscaDlnc. ls.os.o3o artd 18.61.056.030 (c) $ectbns 18.06.010:020 - Mlnlmum number of oarlcinc spaces. 18.06.050.022 (Required: g]_Q spaces required; 18,06.050.023( Proposed: $],@ spaces consisting d 68 18.06.060 onsfte spaces arr,1 150 leased off-she spaces and 18.61.066.050 useable during nonevent times or>ly, as concuned with by the City Traffic arul Transportation Manager) 2. That waivers (a) and (b) are hereby denied on the basis that revised plans were submitted following punk notification to eliminate the need for saki wavers; CR2184MS.WP -1- PC94-119 3. That the parking variance, p®rtnkting 160 I ofl•aRe spaces that will not be available during schedtied events at the Anaheim Stadium and Arena, W91 n~ cause an Increase In traffic congestbn in the Immediate viclnfty nor edvere~y atlect arty adjoining land uses, and that ifie City Traffic aril Transportatbn Manager has concurred with rho lease Ilmftatkxu on the 160 oH•sfte parking spaces for this spectlic use at this specllic location; 4. That the gmnting of the parking variance under the conditions imposed will not be detrimental to the peace, health, salary or general welfare of the cftlzena of the Clry of Anaheim; 5. That the proposed use u propedy one for which a cordftkx7el use pennk fa authorized by the Zoning Code; 6. That the proposed use wAI not adversary effect the adjoining lard usss and the growth and development of the area In which ft is proposed to be located because the proposed planned unft commercial stwpping center wfth restaurant are complimentary to existing uses In the sunourxling area; 7. That the size and shape of the eRe for the proposed use inadequate to allow the full development of the proposed. use In a manner not detdmental to the particular area nor to the peace, health, safety and general welfare; 8. That the traffic generated by the proposed use wAl not Impose an undue burden upon the streets and highways deslgnod and Improved to carry the traffic in the area; 9. That the granting of the cordftbnal use permft urxler the corxittions Imposed w91 not be detrimental to the peace, health, salary and ®aneral welfare of the cfttzens of the Clry of Anaheim; and t0. That no one Indicated their presence at sold public hearing In opposition; end that no conespondence was received In oppcshlon to the subfed petftlon. CALIFORNIA ENVIROIJMENTAL QUALITY ACT FlNDING: That the Anaheim Cfty Planning Commisson has reviewed the proposal to permft a 30,500 sq.fL piann~ unft commercial shopping center, including a 74,000 sq:ft. semi-enclosed restaurant whh on•premise sale and consumption d beer and wine and wfth waivers of minimum landscape requirements, minlmum required parking lot Iardscaping and minimum number of parking spaces on an InegWadyshaped parcel of land cvnolsting of approximately 3.73 acres located at the southeast comer of Karelia Avenue and Douglass Road, havlna approximate frontages of 310 feet on the south skis of Karelia Avenue and 4AO leet on the east side of Douglass Road, and further described as 2600 to 2620 East Karelia Avenue; and does hereby approve the Nogativs Declaration upon finding that the dedaratlon raflecta the Independent Judgement of the lead agency and that h has considered the Negative Deda2tlon together with arty comments received during the public review process aril further P.nding on the basis of the inftlal study and any comments received drat there is no subsiant431 evidence that the proJed wAl have a s1gn61cant effect on the environment NOW, THEREFORE, l3E fT RESOLVED that the Anaheim Clry Planning Commission does hereby grant subject Petftbn for Condftlortgl Use Pennft, In pert, upon the fdlowing condftlons which are hereby lourxi to be a necessary prerequisRe to the proposed use of the subject property In order to preserve the r;a+u!y and general welfare of the Cftlzens of the City of Anaheim: 7. That the minlmum number of parking spats requirtul by Code shell be avaAable for subject proposal. If any oH•sfte parking spaces are provided on the adjacent Orange County owned property to salL~y the Code requirement, a parking agreement between the subject property owner aril the Courny of Orangs shall be submitted to and approved try the City Attorney's Office, and submftted to the Zoning Division Idlowing recordation wfth the Office of the Orange County Recorder. This condRlor>al use penult shall ba vaikl ordy N t,ode required parking is ava~aae. •2- PC94119 2. That subject rostaurant shall continuously adhere to the fdlowing condhluns, as required by the --- Pdke Department: a Food service, Induding meals, shall be avatleWe until 11:00. p.m. on every day of operation. b. Tho alcohdic beverage license shall nd be exchanged for a public premises type license nor shall the premises be operated as a public premises,.. rw The sale of alcohdic beverages for consumption off the premises shall be prohlbhed except for beer brewed on the premises. , d. The quarterly gross sales of alcohdic beverges shall not exceed the gross sales of food and/or other commodhles during the same period. e. Entertainment provided on the premises shall not be audible beyond the area under the contrd of the business. f. The exterior doors shall be kept dosed at all times during the operation d the premises except In cases of emergency and to pennh delNedes. g. There shall be no more than two (2) exterior advertising devices of any kind or type (such as signs), .Including advertising directed to the exterior from inside the binding, promoting or Ind!cating the availabliry of alcohdic beverages. h. That ttiere shall be no dancing pemnhted on the premises at any time. i. The parking lot d the premises shall be equipped whh lighting of sufficlenr power to Illuminate arxf make eas0y dlscemide the appearance and conduct of all persons on or about the parking lot. The lighting In the area shall be shielded to preventunreasonable Jlumination of the window areas oFbeaiby businesses:' J. The number of persons attending any event a[ subject property shall noCexceed the maximum occupancy load as determined by the Anaheim Fire Department. Signs Indicating the maximum occupancy shall be prominently dlsptayed whhin the premises: k No a:,:ohdic beverages shall be consumed on any property adjacent to the premises under the contrd of [he applicant I. Sales, service a~ cohsumption of alcohdic beverages shall be permitted only between the hours of 10:OOam. and 2:00 a.m. m. At any time entertainment is provided on the premises, the appllgnt(s) shall provide uniformed security guards (who shall comply whh all requlremerrts of"tho Cal'rfomia Department of Consumer AHalrs arxi the Anaheim Municipal Code) to maintain order therein. n. Thore shall be no pod tables or coin-operated games maintained upon the premises a[ any time. o. Subject business shall not employ or permh any persons to sdlch or encourage others, directly or Indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profh-sharing plan, scheme or conspiracy. 3. That a plan sheet for sdkl waste storage arxf cdlectlon, arxf a plan for recyding shall be submitted to the Department of Maintenance for review aril approval. ~- PC94-119 4, That any proposed treestnnding sign on subject property shall be a monument-type not exceedlog eight (8) feet in height and shall be subject to the prior review and approval of the Cuy Traffic end Transportation Manager to determine adequate Ilnea-of-sight. 5. That, In addulon to the restaurant, there ahali be a maximum of eight (B) retail unus permuted, 6. That subject property shall be developed substantially In accordance wuh plans and specHicatlona submhted to the City of Anaheim by the petuloner and which plans are on file wfth the Planning Department marked F~chlbu Nos. t through 4. 7. That the ldlowing accessory uses may be permuted for subject planned unu commercial shopping center. a. Cellular service and/or disirlbutlon b. Bakery, sales and/or preparation and distribution limited to facilities wuh up to ten (70) customer seats c. Food related sales and preparation and distdbution Ilmued to fac0ules wuh up to ten (10) customer seats d, Clothing aril apparel sales and distdbution and/or assembly e. Confectionery and/or Andy store t. Photo store g. Photography studio. h. Coln shop I. Sporting goods store or related type J. Sports related paraphernalia or collectibles sales aril assembly and/or distribution k. Ticket agency. I. Travel m. Hobby shop.. n. Jewelry sales, distribution and/or assemby o. Interior design or related use (tile, bath accessorl~s, etc.) p. Retau supply stores Including but not Ilmued to vehlGe accessories and parts, books, hardware, pet shop, toys q. Rental services r. Athletic shoes sales and distribution s. Recreational-type stare (exercise equipment, etc.) t- Aquatic related sales, services and/or distribution u. General office use e. That pdor to Issuance of a building permu, or prior to commencement of the activity herein approved, or within a period of one (t) yea; from the date of this resdutlon, whichever occurs first, Condition Nos. 1 and 3, above-mentioned, shall be complied wuh. fxtenslons for further time to complete said condulons may be granted in accordance wuh Section 18.p3.o~ of the Anaheim Municipal Code. 9. That prior to final building and zoning.. inspections, or pdor to commencement of the acttvity herein approved, whichever occurs first, Condulon No. 6, above-mentioned, shall be complied wuh. t0. That approval of this application constuutes approval of the proposed request only tp the extent that u complies wuh the Anaheim Municipal Zoning Code and any other applicable Cuy, 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 R FURTHER RESOLVED that the Anaheim Ctty Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance whh each and all of the condulons herelnabove set forth. Should arty such condulon, or any part thereof, be declared Invalid or unenforceable by the final judgment of any court of competent judsdictlon, then this Resolution, and arty approvals herein corttalned, shall be deemed null and vokf. --0- PC94-179 T1iE FOREGOING RESOLUTION 4vaa adopted at the Plannlnp Commlaslon meeting of September 7, 1994, Wriginal aidned by Phyllie R 8oydetun) CHAIRWOMAN ANAHEIM CITY PLANNING COMMISSION ATTEST: lt)riginal Signed Dy Jenet L Jensen) SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALJFORNIA ) COUNTY OF ORANGE ) rs. CITY OF ANAHEIM ) I, Janet L Jensen, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resdution was passed and adopted at a meeting of the Anaheim City Planning Commisslort held on September 7, 1994, by the following vote of the members thereof: AYES: COMMISSIONERS: BOYDSTUN, CALDWEI~ HENNINGER, MAYER, PERAZA, TAIT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: ME•SSE IN WETNESS WHEREOF, 1 have hereunto set my hand this day of 1994. C><'INnal ~t4ned by Janet L Jensenl SECRETARY, ANAHEIM CITY PLANNING COMMISSION 1r PC94-119 ITE11 N0. 7 I I I I I I I J FALMOUTH AVE RS-7200 1 DU EACH i U ML RCL 2000-00032 OFFICE BUILDING pQ = (RBS. Df Int. tG CL) N W p W N Q ~ p w RCL 96-99-11 CL I r k ~ „w V3 N ' RCL 65-66-32 RcL Z6oo-0DO3z ~o ~p ~o w ~~ ° RCL 64-65-22 (Re:. onm. m Ly ~ ~ - (Res. of Int. io CO) ~ RCL 98-99-11 ~ 54-55-33 W MEDICAL OFFICES ~ (Res. of Inl. to CL) W cL LD 54.55-25 Q' RcL20oo-DOD3z ~z CUP 3954 (Res. al lnl. b CL) ,~ O CUP 649 ~ .5 RCUPB1787t1 0 GLEN AVE V-793 1 m V-788 S F. , "~- cL :<., (~ ".._ ADJ 0739 • SMALL TCUP 2000.042D3 SA-RANG COMMUNITY ~ m .Sy9p~ RCL 9&9917 ~ T-CUP 2Da~-a7z3. ' CL RcL ZOOO-0oD3 RS-7200 CHURCH ~ ' ~r•cuP zoD2 046;~I ~s. ul Im. m c cL RCL 1 DU EA. CL CL ,CUP 3921 RCL 98.99-H 9B-99-1i RCL 2000-00032 = RCL 2000-00032 >. CUP 3901 '.. OFFICE 87.62.54 (Pec. of Inl. b CL) 1/ (Res. of Int b CL) :CUP 3291 BUILGINGB EIR 319 RCL 98A9-11 O - RCL 98.93[1 ;VAR 4221 ~ '~ OFFICE BLDG. RCL 84-05-22 (Re . of Inl. b LG O CUP 2955 ;VAR 3930 ~ CUP 1385 ~ VAR 3628 ~:. RS-7200 7 DU EA VAR 2804 N VAR 2NDS +PLN 97-(IS,+, VAR 842 . D] ~~I _ 5.5. L~127'~ ~ - - - LA PALMA AVENUE ~ Du Tom, RS-7200 7 DU EA. Conditional Use Permit No. 3921 TRACKING NO. CUP2003-04723 Requested By: F.J. HANSHAW ENTERPRISES, INC. RS-7200 1 DU EA. '~ Subject Property Date: July 28, 2003 Scale: 1" = 200' Q.S. No. 37 REQUEST REINSTATEMENT OF THIS PERMIT BY THE MODIFICATION OR DELETION OF A CONDITION OF APPROVAL PERTAINING TO A TIME LIMITATION (APPROVED ON MAY 8, 2000 "f0 EXPIRE NOVEMBER 28, 2002) TO RETAIN THE RETAIL SALES OF ALCOHOLIC BEVERAGES FOR OFF-PREMISES CONSUMPTION WITHIN APREVIOUSLY-APPROVED CONVENIENCE MARKET. 1112 North Brookhurst Street, Suite 1 -Cheers Market 844(2003-7-15) RCL 2000-00032 Qa IRes. al Inl In CLJ E i RCL 48-99-11 m w Staff Report to the Planning Commissioh July 28, 2003 :'Item No. 7 7a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) 7b. =CONDITIONAL USEPERMIT N0: 39215 (Motion for continuance) (Tracking Nd7 CUP2003-04723) SITE LOCATION AND DESCRIPTION: f (1) This irregularly-shaped, 0.91-acre property is located north and east of the northeast corner of Brookhurst Streetand La Palma Avenue, and has a frontage cf 83 feet on the east side of Brookllu~st Street;'and a frontage of 127 feet on the north side of La Palma Avenue (1112 North Brookhutst Street; Suite 1 -Cheers Market), REQUEST: (2) The petitioner requests reinstatement of this permit by the modification ordeletion of a conditioncf approval pertaining to a time limitation (approved on May 8, 2000 to expire November 28, 2002) o retain the retail sales of alcdholic beverages for off-premises consumption within a'previously-approved convenience market under authority of Code Section 18:03.093. BACKGROUND: (3) This property is currehtly developed with a 9,860 square-foot commercial Detail shopping !center and is zonetl CL (Commercial, Limited). The Anaheim General Plan Land Use ? Element Map designates this property foCGeneral Commercialland uses: This property is `located it the WestAnaheim Commercial'Corridors Redevelopment Project Area and Brookhurst Commercial Corridor Overlay Zone. (4) besapriya Jinadasa; the convenience market business owner, has submitted the attached letter dated July 10 2003, requesting afour-weekcdntinuance to the August 25, 2003, Planning Commission meetingin order to settle unexpected personal affairs. < RECOMMENDATION: (5) Staff recommends that the Commission, by motion, continue this item to the August 25, f 2003, meeting as requested by,the petitioner, sr8627av Page 1 JUL-10-37 THU 15:11 FROM S. G. I.2000 ~~~ 714 441 1168 P.H1 I ATTACH~1f NT - I TEN N0. 7 I112.1l~ fro®khurst.SY, tTnat # 01, ~4naheirn , CA 92~Ox Phone number (714) 774-3b63 Fax number (7l4) 758-3663 S'eidd t®: .G,;. y ov' F3„rr+~/ EEI.~ d'ro~: ~es.a-gyn. ,y.4' ~i/A-DsrSa Attention ,g.~-~y Date: ~-~~. >o ~` X003 Once Location _ A.,..~ N ~, ,,., , Off ce Location: Cheers Toed Stores Fix ~o ~ C~~y) 76s- azsa 1112,N.BrookDturstSt ~~~ >,... C7~y) S ~ q ~ ~ ~ ~ i Unit # 01, Analaeim, GA 92801 Urgent ® Ife l ASAP ~ PY i `' ~ ' `~ ~ f~ ~`' ® Please comrnent ~ _ / ~ ~ ' ~ ~~3 ~ `u` ~ l ® Please review ~ RECEIVED r' ®For our in ormation Y ~ P~ANN1~~~ ~~ DEPART@AcNT . '~ Total Pages including cover: o / Comments: 1 ~o Z7& srn ~ Gon-~i r~uc~h G~ ~ e,-c b~ Yl6°C~lc A sf e?~ G•, r.1. ~ 39"Z / heL~¢/~•~~ 5 ~o ~h ~ ~a~,~r ~C. a~ ~f l /for!' u 5 ~` ~ 5 ~~ Zoo 3 • J: /' 7 G e YP / j .y, ~,