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PC 2003/10/20CITY OF ANAHEIM PLANNING COMMISSION AGENDA OCTOBER 20, 2003 COMM CALL TO ORDER fAFF U =VELO ANNI,t` ZELIMII RECESS TO RECONVENE TO For record keep. complete a spee PLEDGE OF ALL PUBLIC COMMENTS CONSENT CALENDAR PUBLIC HEARING ITEMS ADJOURNMENT Council Chambers, City Hall 200 South Anaheim Boulevard, Anaheim, California CNAIRPERSON::JAMES VANDERBILT VERS: °GAIL EASTMAN, PAUL BOSTWICK;'DAVID ROMERO, O'CONNELL, CECILIA FLORES,;,(ONE VACANT SEAT) COMMISSION MORNING SESSION 11:00 A:M. DATETQ"COMMISSION ON VARIOUS CITY ': MENTS-AND ISSUES (AS REQUESTED BY COMMISSIOpI}-.,, gRY1~(%AN~REVIEV~% FOR_ITEMS ON THE OCTOBER 20, 2003 AGENDA PUBLIC l1EARING.SESSION es, ii you Wish tomake,a stafement regarding any item on the agenda, please nd sntSmit ~t3`to-the-secretary. ~,w /., ' - 10-20-03 Page 1 RECONVENE TO PUBLIC HEARING AT 1:30 P.M. PUBLIC COMMENTS: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or public comments on agenda items with the exception of public hearing items. CONSENT CALENDAR: Item 1-A 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. PLANNING COMMISSION APPOINTMENTS: REQUEST FOR CONSIDERATION OF POTENTIAL APPOINTMENT OF PLANNING COMMISSION REPRESENTATIVES AND ALTERNATES FOR THE FOLLOWING • ANAHEIM TRANSPORTATION NETWORK BOARD OF DIRECTORS (Current Representative: Commissioner Bostwick) • PARKS AND RECREATION COMMISSION (Current Representative: Chairperson Vanderbilt) • COMMUNITY DEVELOPMENT ADVISORY BOARD (CDAB) FOR THE BLOCK GRANT PROGRAM (Current Representative: Commissioner Eastman) (Current Alternate: Vacant) • UTILITIES UNDERGROUND CONVERSION SUBCOMM9TTEE (Current Representative: Commissioner Bostwick) (Current Alternate: Commissioner Romero) • GENERAL PLAN ADVISORY COMMITTEE (GPAC) (Current Representative: Commissioner Bostwick) (Current Alternate: Commissioner Romero) • HISTORIC PRESERVATION AD HOC COMMITTEE (Current Representative: Commissioner Eastman) (Current Alternate: Commissioner Flores) REPORTS AND RECOMMENDATIONS A. Receiving and approving the Minutes from the Planning Commission Meeting of October 6, 2003. (Motion) 10-20-03 Page 2 PUBLIC HEARING ITEMS: 2a. CEQA NEGATIVE DECLARATION 2b. CONDITIONAL US!E PERMIT NO. 2003-04736 OWNER: Cal Asia Property Development Company, 1517 South - Sepulveda Boulevard, Los Angeles, CA 90025 AGENT: TW Layman Associates, Attn: Tim Saivar, 16633 Ventura Boulevard, Suite 1320, Encino, CA 91436 LOCATION: 101 South Brookhurst Street. Property is approximately 0.40-acre, located at the southwest corner of Lincoln Avenue and Brookhurst Street. Request to construct a 3-unit commercial retail center. Project Planner: (i o ra m re z (o7 a n a h e i m. n e t) Continued from the August 11 and September 8, 2003, Planning Commission Meetings. sr5049jr.doc CONDITIONAL USE PERMIT RESOLUTION NO. Q.S. 33 3a. CEQA CATEGORICAL EXEMPTION -CLASS 1 3b. CONDITIONAL USE PERMIT N0.2670 (TRACKING NO. CUP2003.04770) OWNER: Italian R. Brunos, 1750 West La Palma Avenue, Anaheim, CA 92801 AGENTS: EI Patio Restaurant, 1750 West La Palma Avenue, Anaheim, CA 92801 Beatriz Quintero, 2812 West Westhaven Drive, Anaheim, CA 92804 LOCATION: 1750 West La Palma Avenue. Property is approximately 1.2 acres, located at the southeast corner of La Palma Avenue and Mohican Avenue (EI Patio Restaurant). Project Planner: Request to amend conditions of approval pertaining to hours of operation (ioramirez(o)anaheim.net) in conjunction with apreviously-approved semi-enclosed restaurant with on-premises sale and consumption of alcoholic beverages. sr5050jr.doc CONDITIONAL USE PERMIT RESOLUTION NO. Q.S. 45 10-20-03 Page 3 4a. CEQA CATEGORICAL EXEMPTION -CLASS 1 4b. CONDITIONAL USE PERMIT NO. 2001-04466 (TRACKING NO. CUP2003-04769) - OWNER: John Pedicini, P.O. Box 15033, Newport Beach, CA 92659 AGENT: Manuel Gomez, 1540 West La Palma Avenue, #16E, Anaheim, CA 92802 LOCATION: 1751 West La Palma Avenue. Property is approximately 0.4-acre, having a frontage of approximately 125 feet on the north side of La Palma Avenue, located approximately 650 feet west of the centerline of Euclid Street (EI Rey Del Marisco). Project Planner: Request amendment to conditions of approval pertaining to hours of (vnorwoodCo~anaheim.net) operation for apreviously-approved restaurant with sales of beer and wine for on-premises consumption. sr8653vn.doc CONDITIONAL USE PERMIT RESOLUTION NO. Q.S. 44 Sa. CEQA CATEGORICAL EXEMPTION -CLASS 1 Request for 5b. CONDITIONAL USE PERMIT NO. 2003-04755 continuance to December 1, 2003 OWNER: Taormina Trust, William Cosmo Taormina, 128 West Sycamore Street, Anaheim, CA 92805 AGENT: Ryan Wells, MMI Titan, 310 Commerce Drive, Irvine, CA 92602 LOCATION: 201 East Center Street. Property is approximately 0.09- acre, located at the northeast corner of Center Street and Claudina Street (Kraemer Building). To permit and retain aroof-mounted telecommunications facility on an existing historic building and accessory ground mounted equipment. - Project Planner: Planning Commission Meeting. I 2003 Continued from the September 22 (vnorwood(a~anaheim:net) , , CONDITIONAL USE PERMIT RESOLUTION NO. srB660vn.doc Q.S. 83 1 D-20-03 Page 4 6a. CEQA CATEGORICAL EXEMPTION -CLASS 1 Request for fib. WAIVER OF CODE REQUIREMENT continuance to 6c. CONDITIONAL USE PERMIT NO. 2003-04693 November 17, 2003 OWNER: Hunter's Pointe HOA, 2 Corporate Park, Suite 200, Irvine, CA 92606 AGENT: Maree Hoeger, Global Telecom Resources, 23332 Miil Creek Drive, Laguna Hills, CA 92653 LOCATION: 6920 East Canyon Rim Road. Property is approximately 3.05 acres, having a frontage of 545 feet on the south side of Canyon Rim Road, located 180 feet west of the centerline of Fairmont Boulevard (AT&T Wireless). To permit a telecommunications antenna and microwave dish on an existing electrical transmission tower and accessory ground-mounted equipment with waiver of minimum front yard setback. Project Planner: Continued from the September 22 and October 6 2003 Planning (vnonvood(o~anaheim.net) , , Commission Meetings. CONDITIONAL USE PERMIT RESOLUTION NO. sr8655vn.doc Q.S. 204 7a. CEQA CATEGORICAL EXEMPTION -CLASS 3 (READVERTISED) Request for 7b. VARIANCE NO. 2003-04574 continuance to November 3, 2003 OWNER: Neelam Shewa, 5333 University Drive, Irvine, CA 92616 AGENT: Blash Momeny, 23120 Alicia Parkway, #100, Mission Viejo, CA 92692 LOCATION: 301 and 345 Penny Lane. Parcel 1: Property is approximately 0.53-acre, having a frontage of 90 feet on the southerly side of Penny Lane, located 70 feet southeast of the centerline of Mohler Drive. Parcel 2: Property is approximately 0.78-acre, having a frontage of 220 feet on the southerly side of Penny Lane, located 160 feet southeast of the centerline of Mohler Drive. Request waivers of: (a) required improvement of right-of-way, (b) maximum structural height, (c) minimum front yard setback, and (d) minimum side yard setback, to construct two single-family homes. Continued from the September 8 and October 6, 2003, Planning project Planner: Commission Meetings. (ioramirez(o)anaheim.net) VARIANCE RESOLUTION NO. sr5052jr.doc Q.S. 202 10-20-03 Page 5 8a. CEQA CATEGORICAL EXEMPTION -CLASS 1 8b. CONDITIONAL USE PERMIT NO. 2003-04771 OWNER: Harry Elman, Trustee, Elman Family Trust, 9808 Pangborn Avenue, Downey, CA 90240 AGENT: Michelle Truong, 15910 Meagher Street, Fountain Valley, CA 92708 LOCATION: 2090 South Euclid Street. Property is approximately 2.4 acres, located at the northeast corner of Euclid Street and Orangewood Avenue. Request to establish land use conformity with existing zoning code land use requirements for an existing commercial retail center and Project Planner: convenience market with sales of beer and wine for off-premises (vnorvvoodCo~anaheim:net) consumption and to permit acoin-operated laundromat. CONDITIONAL USE PERMIT RESOLUTION NO. sr8166vn.doc Q.S. 58 9a. CEQA CATEGORICAL EXEMPTION -CLASS 1 {READVERTISED) 9b. CONDITIONAL USE PERMIT NO. 2003-04773 OWNER: Jerry T. Fields, 21 Tiburon Bay Drive, Corona Del Mar, CA 92625 AGENT: Caeser J. Aguilar, 15340 Paramount Boulevard, Paramount, CA 90723 LOCATION: 3452 East Orangethoroe Avenue. Property is approximately 2.3 acres, having a frontage of 1,080 feet on the south side of Orangethorpe Avenue, located approximately 900 feet west of the centerline of Miller Street. Project Planner: Request to establish land use conformity with existing zoning code (cwaoner(o~anaheim.net) requirements for an existing legal non-conforming commercial retail center and liquor store and to permit an adult day health care facility. sr1129cw.doc CONDITIONAL USE PERMIT RESOLUTION NO. Q.S. 143 10-20-03 Page 6 10a. 10b. 11 a. 11b. 11 c. OWNER: Frome Investments, 2900-A Bristol Street, No. 201, Costa Mesa, CA 92526 AGENT: Erika Nguyen, The Chance Theater, P:O. Box 3309, Orange, CA 92857 LOCATION: 5552 (currently 55761 East La Palma Avenue. Property is approximately 8.8 acres, having a frontage of 520 feet on the south side of La Palma Avenue, located 585 feet west of the centerline of Imperial Highway (The Chance Theater). Request reinstatement of this permit by the modification or deletion of a conditipn of approval pertaining to a time limitation (approved on February 17, 1999 to expire February 17, 2004) to retain and relocate apreviously- approved theater to another unit within an industrial complex. CONDITIONAL USE PERMIT RESOLUTION NO. OWNER: Marcia S. Halligan, Trustee, Marcia S. Halligan Trust, P.O. Box 388, Langley, WA 92860 AGENT: Jerry Murdock, 5450 Complex Street, Suite 307, San Diegp, CA 92123 LOCATION: 5780 East La Palma Avenue. Property is approximately 1.1 acres, having a frontage of 291 feet on the south side of La Palma Avenue, located 690 feet east of the centerline of )mperial Highway (Armstrong Garden Center). Request to amend previously-approved exhibits pertaining to signage with waiver of maximum number of wall signs for an existing garden center. - CONDITIONAL USE PERMIT RESOLUTION NO. Project Planner: (evambao a(7,anaheim.net) sr3046ey.doc Q.S. 176 Project Planner: (cwagner ananaheim.net) sr1130cw.doc Q:S. 184 10-20-03 Page 7 12a. CEQA CATEGORICAL EXEMPTION -CLASS 1 ' Request for 12b. CONDITIONAL USE PERMIT NO. 2003-04764 ' withdrawal OWNER: SBD Group Inc., 505 South Villa Real Drive, #100, Anaheim, CA 92807 AGENT: Mehran Kahenjoo, Salon Boucle, 505 South Villa Real Drive, Suite 106, Anaheim, CA 92807 LOCATION: 505 South Villa Real Drive. Property is approximately 2.6 acres, located at the southwest corner of Nohl Ranch Road and Villa Real Drive (Salon Boucle'). Project Planner: (avazouez(a).anaheim:net) Request to permit a massage establishment in conjunction with an existing hair salon. sr8652av,doc CONDITIONAL USE PERMIT RESOLUTION NO. D.S. 163 ADJOURN TO MONDAY, NOVEMBER 3, 2003 AT 11:00 A.M. FOR PRELIMINARY PLAN REVIEW. 10-20-03 Page 8 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: It3o p.w.• b,c~,L~. t6~zoo3 (TIME] (DATE] LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: ~~ If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at 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 City 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. 10-20-03 Page 9 SCFGE®~9LE 2003 NOVEMBER3 NOVEMBER 17 DECEMBER1 DECEMBER 15 DECEMBER 29* *IVleeting cancelled due to a lack of quorum. 10-20-03 Page 10 [La asi C ~ {- q t e q L 9tio31t H C W tIXl RCL )1)609121 W W ~ LL ~ W ~ ftCL )3)409 () flC 0 _ p . { 1 N 10U L 8b &11 RCL 111609 /101 ~ F- U p Z LUP2C]2 (n Q rW ~ O ~ RSM4].0 gC ~ W } (/]~ ~] L11i6ll9 _ ( Ilnlunllo 0.l p ftCLi1]415 ftCL9B9411 = a a•^ 1 DU (, Rb RL )1)a-09 a ~In~mlb CL (~ ~ 83-7200 m Z ) ~. Z - 1 DU I [0 ~ cL ~ cL qa 6666)2 C L(BCC) qcL V6s3n VAC. RCL B]-94-0] gev6)o-t5 RCVS>410 rv cuP ]pw CL RcL 96s3n LINDSAY ROAD l dl l lb CH u, ~ ~Q A61110pJ qCL 60.LS]z es n m ) LL LL fi wP 1 RCL 9&99-11 AUTOWBEd CUP 11C) Jp) 80.969311 flCL 989411 m~SIJ RCL93940] GLL CHANGE RCL 565f5) RCVS)416 . vKC'i >: RCL 737415 fitQ-z3 ftC1565]-s] m omnn E° RCL 7}7410{1) rv ~ CUP lOID LVP 1]G I CUP 1]51 EIR ]19 qCL 9)-BfiBG UUJ~m CL CUP 3667 qCL 869611 CL qCL 9693n RCL 20930010 a,N r 1 ,o (O- Z CL cup nsl duRDl qa )6)4u z¢oo ° VAR 27505 qcL e].fiesa g )z RCL 98-99-11 ~'mm ~ RCL 98-f s as. wN cgns qcL 9693n ~ ADJ OOS3 vAR Z4z4 cua zmi RCL 64-65-72 ~~ RCL fi4-F MGTEL MOTEL RCL]1i41p IReSWInImIb CH1 CAR WASH CUPJ916 BLGLKBU6TEq CUP 663 JJ Rl (n UU T{IlP ] W t- t w4ee~ NBEG ~{ KLL' cugxmp- wz66 LINCOLN AVENUE ~I 1zo~ ~ b ~ RM-1200 931f CU• ¢ qCL B F. RCL fi4-6S)] RLL BA311 RC L 96A311. LL (1 fiS49i ~RCL t ~ t ~ gC ]3 RC~ 5)] R RCL 71-]2-02(21 8 ~ ~ CU fi ~ ~ ~ W u V 25 ~ g 13 L T-CUP 2001-04466 RCL] 72-02 t z l V p z Hato T0030473fi.. vAR 3155 ~ L P2290 ~ T~ OFFICE FV VAR 1 gNITURE 990 CUP 200D-04286 CUP 1619 ACL CUP 2539' BILMAR05 CENTER CUP 3193 APTS~ Lgq]Eq sALES VACANT; t'- ~ EIR 319 ----- _ _ - ~ (Q PPARTMENTfi ftM.tzop I- RCL]Bd00f (n ' qQ ]L)Z-04 6l„ Pt~Alenl~n w ~ RM-3Da6 RcL n-6-0210 CL RCL 98-99-11 vna i®s RCL 9&99-11 = RCL 97.98-09 VM 3509 APrs Y RCL 64-65-73 . VAR 31fi 5 CUP 639 ~ I CUP 4000 LINBROOK BOWL CUP 3754 BOWLING ALLEY ~ A ~ DJ 146 I I m D J ~" _-- 1 D U FACH I, I I Cpnditional Use Permit No. 2003-04736 Subject Property Date: August 11, 2003 Scale: 1" = 200' Requested By: CAL ASIA PROPERTY DEVELOPMENT COMPANY Q.S. No. 33 REQUEST TO CONSTRUCT A 3-UNIT COMMERCIAL RETAIL CENTER. 101 South Brookhurst Street 865 ` Staff Report to the Planning Commissidn October 20, 2003 it s`'Item No:2 2a. CEQA NEGATIVE DECLARATION (Motion) 2b: CONDITIONALUSEPERMITN0.2003-04736 - '(Resolution). SITE LOCATION AND DESCRIPTIONt (1 } This rectangularly-shaped, 0.4-acre property is located at the southwest corner of Lincoln Avenue and Brookhurst Street, ftaving frontages of 120 feet on the south side of Lincoln /avenue and 150 feet'on the west side of Brookhurst Street (101f South Brookhurst Street). REQUEST: (2) The petitioner requests approval of a conditional use `permit under authority of Cade Section Nn. 18.44;050.135 to`constructa three-unit commercial retail center. BACKGROUND:i (3) At the request of the petitioner, this item was continued from the September 8, 2003, meeting to address right-of-way improvements required by the Public Works Department (which were subsequently resolved). This item was previously continued < from the August 11,j2003, meeting to allow the petitioner and staff to address concerns relating tosite design and on'site delivery vehicles. (4) This property is currently vacant and was previously occupied by a gasoline service station and is zoned CL (BCC) (Commercial, Limited -Brookhurst Commercial Corridor Overlay). '.This property is within the WesYAnaheim Commercial Corridor: Redevelopment Project Area and the Anaheim General Plan!Land Use Element Map designates this property far General :Commercial land uses. All surrounding properties are designated for General Commercial land uses. PREVIOUS ZONING ACTIONS: (5) The following action pertains to this property: Conditional Use Permit No. 2539 (to permit a coih-operated car wash in an existing service station) was approved by the Planning Commission on February 22, 1984. This permitshould be terminated since the service station no longer exists on the property. DEVELOPMENT PROPOSAL: (6) The petitioner proposes to construct a new 4,367 (previously 4,440 square feet) square foot commercial retailbenter. The site plan (Revision No. 2 of Exhibit No. 1) indicates that the new commercial retail center would consist of one building with three tenant spaces. Sr5049jr Page 1 Staff Report to the Planning Commission October 20, 2003 Item No. 2 F ~ ~ r> ,.. r .: .; .y ~ ~, n t ~, ~ y r i - y z r ~ d~ Jr :!~ i. r f ~i m .T.. ~{~ +~Jffi~' .. ~~ ~~ ~~~ } ~ u~ y .. f Proposetl location of new 3-unit commercial center; (7)', The site plan indicates that he proposed building would be developed with the following setbacks: Direction Proposed Building &; 'Code- Code-Required LandscapeSetbacks Required Landscaped Building Setback Setback North (adjacent to 35 feet to building 35 feet '[ 10 feet: Lincoln'Avenue 10 feet landsca ed West 10 inches to building with:: None: required , None required no.landsca in' South 8 feet, 9 inches to building None required None required witfi'no landsca in East (adjacent to 78 feet to building 10 feet 10 feet> BrookhurstStreet 10 feet landsca ed (8) The floor plan (Exhibit No. 2) indicates that the proposed retail building would consist of ohe 2000 quare-foot tenant space, one 1';184-square foot tenant space,-and one 1.,183 square foot tenant space (a totatof three tenant spaces). The plan indicates'main entrances to all suites on the east elevation (facing Brookhurst Street). The plan further indicates restrooms in theYear of each tenanYspace. (g) The site would be accessed by two driveways, one on Lincoln Avenue and one on Brookhurst Street. The plan indicates a total of 24 parking spaces proposed for the new center. Code requires a minimum of 24 spaces for this center based`on the ratio of 5.5 parking spaces'per 1,000 square feet of gross floor area of general retail space (5.5 x 4,367/1000 = 24). Commission should note that the proposed number of spaces would meet the minimum code requiremehEfor general retail uses. Future tenants such as fast fooduses with greater than ten seatswould require additional parking spaces:' In such a case; the applicant would need to provide additional spaces or request a parking variance. Page 2 Staff Report to the Planning Commission 'October 20, 2003 '.Item No 2 The plan also indicates a double trash enclosure and adjacent loading area along the 'south sideiof the building facing the Linbrook Bowl parking lot (10) Elevation drawings and perspective renderings for the center (Exhibit Nos.'3 and 4) indicate alone-story; 18-foot high commercial building with a'20-foot higfi raised parapet treatment at the center of the building above'the middle'tenant space. Building materials consistgf a scored stucco finish (with adual-colored treatment - "Nutmeat"'and "Grape Reflection"), accent wood trellises on the north and south elevations, cast aluminum white parking lot .lighting, antl a 20-inch'high ledge stone treatment omthe north and east elevations. 'A decorative cornice treatment is proposed along the north, south, and east elevations: The storefront includes clear glass anodized aluminum windows and'entryway'doors, as well as associated signage. (11) Elevation drawings and perspective renderings (Exhibit Nos. 3 and 4) reflect the general location and size of proposed wall signs forthe commercial center. The petitioner has jndicated that specific enants have not been identified and any`specific signage would comply , with all provisions in tfie Code. Plans alsoiindicate a 5-foot high; 7%-foot; wide monument sign (27 square feet of advertising on each'side) located at the'northeast corner of the property at the intersection of Lincoln Avenue and Brookhurst Sheet. Thenonumenf sign would be constructed with a 16-inch high split-faced masonry block base, small pilaster treatments at each end with a cornice finish. The sign's color and stucco finish would be consistent with the commercial retail building. Code allows wall signs for edvertising;'provided the total area of any such sign sfiall not exceed ten percent (10%) of the area of the face of the building o which such sign is attached.' Code further requires that a) all monument signs shall not exceed the lesser ofsixty-five (65)'square feet or 0.5 square footfor each linear foot of street or highway frontage of`tfie parcel df real property on wfiich said sign is located; b) be located within a landscaped planter, the area of whichlis at leasb'one-halftfie total sign area of the sign located within the planter, c) signs;include the numeric street address with numbers no less than nine incites in height; d) the exterior finish, color and materials of the sign shall complement the colors and/or materials ofthe building that the advertised business occupies; and e) a solid base at least eighteen (18) inches in height. (12) The landscape plan (Revision No. 1 of Exhibit No. 5) indicates a 10-foot wide landscape 'planter along the north and east property lines adjacent to Lincoln Avenueand Brookhurst +Street, planted with one Carroiwood tree and nine White Crape Myrtle trees, as well`as shrubs and groundcover. The plan also indicates four'. landscaped fingers within the parking .area, two of which would be planted with one Queen Palm (8-foot brown trunk height {BTIi)) end associated ground cover, and one to tie planted with one Carrotwood ttee. The plan 'also indicates a 1-foof wide planter along the storefront (east building elevation) to be' planted with Coral Bells. The landscape plan further indicates a"trellis with clrnging vines (Carolina Jasmine) along both the north and south building elevations. A en-foot wide landscapeplanter area is proposed along the westerly property line from Lincoln Avenue to .the proposed building. This planter would'include one. Carcotwood tree and associated groundcovec The petitioner has also included an 8-foot wide planter along the north` elevation of a proposed retail building, wfiich wouldbe planted'with nine Wheeler's Dwart Pittosporum (5-gallon): Code requires one`tree for every 20 lineal feet of street frontage, (6 gees on Lincoln Avenue and 8 gees on Brookhurst Sheet) and fast growing shrubbery or 'clinging vines planted'bn 3-foot-centers forthe trash enclosure. Code furtfier requires that at least one: (1) tree per three thousand (3,000) square feet of parking area and/or vehicular accessways be distributed throughout the parking area and an average of forty-eighf(48) square feef'of planterarea provided per required tree, with a minimum planter dimension of five (5) feet,.. and no more than ten (10) parking spaces shall be adjacent to each other in a row without being separated by landscape'area with a minimum: width of five (5) feet(9,140 square feet'/ 3000 square feet =-3 trees with associated planter areas). Page 3 Staff Report to the Planning Commission October 20;:2003 Item No. 2 (13) Although not required by the City as part of this application, the petitioner has submitted a site access and internal circulation study for the site. This study utilized computer software simulation to evaluate on-site access for various types of vehicles and trip generation rates to estimate traffic .impacts. The study;evaluates site access and design related to sanitation services, and recommends that the delivery vehicle loading/unloading area be relocated from the northeastern edge of the building to the southeastern edge of the building,: adjacenf to the trash truck pick-up area. The revised site plan reflects his change. The submitted'study also indicates that utilizing project trip generation rates for both "Specialty Retail.Uses" and "Shopping Center" uses, the trip rates yield the same traffic generation for this proposed site regardless of whether there are two retail tenants or hree retail enants'housed in the same building.; (14) The submitted letter of operation indicates the site would be constructed in one'phase. The Ietteralso indicates the proposed uses would'consist of retail businesses and'a take-out `' restaurant with no more than ten seats. Security lighting would be provided on?site and parapet walls would screen all associated mechanical equipment. The hours of operation, employee information, and enant mix are unknown at this'time. ENVIRONMENTAL IMPACT ANALYSIS: (15) Staff has reviewed the proposal and the Initial Study (a copy of which is available for review in the Planning Department) and finds no significant environmental impact and,: therefore,! recommends that a Negative Declaration be approved upon a finding by the Planning Commission that the Negative Declaration reflects the independent judgment of the lead agency; and that it has considered the proposed Negative Declaratioh together with any comments received during;the public[review process and further finding on the!basis of he Initial Study andany comments received that there is no substantial'evidence that the project will haveaignificanf effect on the environment. GROWTH MANAGEMENT ELEMENT ANALYSIS: (1 ti) 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 Marcft 17, 1992'. Based on City staff..review of the proposed project, it has been determined that this project does not fit within the cope necessary to require a Growth Management'.. Element analysis, therefore, no analysis has tieen performed. EVALUATION: (17) Commercial retail centers. (three or more tenant;spaces) are permitted in the CL (BCC) Zone subject to the approval of a Conditional Use Permit per Code Section 18.44.050.135. (18) Although the petitioner has`modified the site plan to address the Commission's ooncerns relating to trash enclosure ocation and productdelivery, staff maintains that the size of the site is' uch that it is inadequate to allow the full development of the project in a`manner not detrimental to the particular area. Based on theproposed'design, there is no opportunity for the petitioner to incorporate a feasible loadinglunloading area for delivery vehicles into the design of the commercial center that would be utilized when the site is operational. Instead of providing a loading/unloading area o the rear:. of the retail center, an area adjacent to the trash enclosurejis proposed for this purpose. Delivery vehicles would likely utilize the proposed customer parking area and would interfere with on-site vehicular parking and circulation. Attftough no waivers are necessary for this developmentstafPs recent Page 4 Staff Report to the Planning Commission ?'October 20, 2003 'Item No. 2 experience with this type of site design (King's Market, for example) indicates that a loading area for product delivery is a necessary element for any commercial center, regardless of the size. Staff conducted a briefsurvey of product delivery at various locations throughout the City that had no specified loading area:: Staff observed delivery vehicles parked'andlor products placed within customer vehicle parking and accessways at severf commercial .centers between 9:30 a.m. and:10:30 a.m. on July 31, 2003. An example; as depicted in " the photograph below; shows customer parking spaces were blocked, access onto the site was partially blocked,rand a customer wasprevented from leavi6g the center by a truck parked in a drive aislei The property in the' photograph is located at the intersection of La Palma Avenue (primary arterialj;and Baxter Street (local). When the Code was amended in 1986 to require a conditional use permit for retail centers, it was'sbased, in'part, upon: concems3hat smallecpropertieswith multiple tenantspaces cdu d be impacted by .loading/unloading, parking and'circulation'issues. Atthe time, no minimum lot size ' .requirement was indicated in the code for commercial centers. As part of the Zoning! Cade Lpdate, staff is considering the addition of'a standard for minimum lot sizefor commercial retail centers to address the site design and functionality issues'associatetl with this!type of 'commercial development. The Planning Commission may wisfi to note that the Lincoln Avenue Corridor Master Plan indicates artadditional fifteen feetof right of way for the intersection'of Lincolh Avenue and Brookhurst Street.: This aspect of the Master Plan will be considered for adoption as part of the General Plan and Circulation Element update. Because the changes. to the circulation element are pending, the site plan'does not reflect the additional right-of-way. Should the Public Works bepartmeht at some future time widen the street to implement the updated circulation element, the retail center would have`ho landscape'setbackpa-long the street frontage. i O 0 (W1 ~ I ~'rF'+rvl+ '~ ~ ~'T ~ ~~~t=~ ~~ ~~~ ~~~ ~s ~~ ~ ter- : E~Z x~ ~~ '~. ~~,_ ~~` ~ ~~ as=p t ~~~~ ~: _ " r ~ ~;~ r s ~ m; ~` } '~ ,. ~~s x'~~~~,~~~~. ''-~E s'~°Y'~r~+,...,i. ~ .q~~ m ~" '1 ~," ~~~.,r~s` Vii. ~~~'~a~"~Na:"s dl~"~~~~r.Pr¢ ";'.~.~~J~x'~^'x,~skf Staff observation at local "strip center" (1501 East La Palma Avenue) (19) As indicated in the attached memorandum from the Redevelopment Agency, this site is located in the West Anaheim Commercial;Corridors Redevelopment Area; (WACCRPA) and is within the Brookhurst Commercial Corridor (BCC) Overlay Zone. The primary purpose of this Overlay Zone is to provide a mechanism for the orderly development of property. within 'the Brookhurst Sub-Area of the WACCRPA so as to,assist in the elimination of blight and blighting influences. The establishment of this small"strip center" is inconsistent with these Page 5 Staff Report to the Planning Commission October 20; 2003 Item No. 2 long-term goals'and objectives of the'WACCRPA. Undersized commercial properties, as well as small commercial centers tend to contribute to blight and blighting influences due to their inability to establish a ong-term'critical mass customer base needed to sustain them. Because of the location of his property at the intersection of two major arterials (that serve regional access'demands) staff believes that a'small "strip" retail center at thislocation wouldibe detrimental -over the long term - to su~rounding:properties'!in this area. (20) Although the submitted site access and circulation study indicates that there is no difference in trip generation ratesbetween a wo-unit and three-unit center, and that the site could accommodate the proposed use. The study also'notes that the loading/unloading spaces located`n the parking area in front of the building would! not be able to accommodate larger delivery,vehicles. Therefore, staff continues to' recommend denial of this project. FINDINGS: (2t) Before the Commission grants any conditional use permip it must make a findirig of fact that the evidence presented shows thak all of the following conditions exist: (a) I That the proposed use is properly one for which a conditional use permit is i authorized by the Zoning Code, or that said use is not listed therein as being a permitted use; (b) That the proposed use will notadversely 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 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 i the streets and highways designed and improved to carry the rafric 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 ' meeting, and based upon he 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, a~orove the CEQA Negative Declaration (b) By'resolution deny Conditional Use Permit No. 2003-04736 (to construct athree-unit commercial retail center), based on the following: (i) Thafalthough commercial retail centers are listed as conditionally permitted uses within the CL Zone, the size and shape of this "site for the Commercial retail center is inadequate to allow the fulfdevelopment of the project in a manner not detrimental to he particular area. The size of the site is such that there is no opportunity for the petitioner to incorporate a feasible loadinglunloading area for Page 6 Staff Report to the Planning Commission r October 20, 2003 Item No 2 delivery vehicles into the design: of the commercial center. All delivery vehicles would utilize a loadirig/unloading space within the proposed customer parking area blocking access to the trash enclosure. Staff believes it would interfere with vehicular parking and circulation both on and off site:: THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS '` AN INTERDEPARTMENTALCOMMITTEE AND ARE RECOMMENDED FOR ADOPTION BY THE PLANNING COMMISSION IN THESEVENTTHAT THIS PERMIT IS APPROVED. 1. That no convenience markets and/or retail sales of alcoholic beverages shall be permitted unless a separate eonditional'use permit is approved by the Planning'Commissiont 2. That no video, electronic or other amusement devices shall bepermitted on the premises. 3. That all public phones shall be located inside the building. 4. That all trash generated from this commercial retail center shall be properly contained in trash bins ..located within approved trash enclosures.'. The number of binsshall be adequate and the trash pick- up shall tie 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 far additional bins or additional pick=up. All costs for increasing the number of bins or frequency of pick-up'shall be paid by the business owner. 5. :That any tree or other landscaping planted on-site snail be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead'. 6. :That no roof-mounted balloons or other inflatable devices shall. be permitted on the property. ', 7. That no outdoor vending machines shall be permittetl on the property. 8. That 4-foot-high street address numbers shall be displayed on the roof of he building in a color that contrasts with the roof material: The numbers sha0'not be visitile from the streets or adjacent'. properties Said information shall be specifically shown on plans submitted for building permits. 9. That there shall be no outdoor storage pemtitted on the premises. 10. That roof-mounted equipment shall be screened from view in accordance with the requirements of Anaheim'Municipal Code Section 18.44.030.120 pertaining to the CL (Oommercial,'Limited)Ione. :'Said information shall be specifically shown on plans. submitted for building permits' 11. That the property shall be permanently maintained in an orderly fashion by the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four;(24) hours from time of occurrence.': 12. That the number of tenant spaces for this commercial retail center shall be limited to three (3): Said i information shall be specifically;shown on plans submitted for building permits. 13. That the design, size and placement of the signage shall be limited to that which is shown on the .exhibits submitted by the petitioner and approved by he Planning Commission. Further, no signs 'shall be permitted on the north, outh or west building elevations; except that each corner tenant shall be permitted one (1 ):additional wall sign in conformance with code requirements. Any additional signage shall be subject to review and approval by the Zoning. Division. Any decision by staff may be :;appealed to the Planning Commission as`a "Reports and Recommendations" item. Page 7 Staff: Report to the Planning Commission Odtpber 20,2003 Item No. 2 14. That'final sign plans for the monument sign shall be submitted to the Zoning Division for7eview and. approval. Said'plans shall incorporate the stone treatment identical tp the treatment utilized on the? commercial building, an 18-inch high' base including 9-inch high address letters, and a decorative cornice treatment along the full length of the monument sign. The final sign plans shall reflect the relocation of the monument sign outside the sight-distance triangle at the intersection of Brookhurst Street and Lincoln Avenue. Any decision made by staff regarding said sign plans may be appealed to the Planning Commission: as a "Reports and Recommendation" item. 1 15. That plan submitted for building permits shall reflect a decorative smooth pavement treatment at the driveway entrances on Brookhurst Street and Lincoln Avenue. 16. That final landscape plans shall be submitted to the Zoning Division of the Planning Department fora review and app~dval inclutling the following: a' Plans shall indicate two additional Queen Palms (minimum 8 foot BTH) for a total of four c planted in the lartdscaped finger adjacent to the north elevation of the commerdal building facing Lincoln Avenue. Plans shall reflector minimum of 6 trees adjacenfto Lincoln`Avenue and 8 trees adjacent to Brookhurst Street:. All trees `shall be minimum 24=inch box"in size. m All on site landscaping, including trees,. shall be consistent with the Brookhurst Street Corridor' Design Study and the Lincoln'Avenue Corridor Master Plan. Any decision made by staff regarding said finallandscape plans may be appealed to the Planning Commission as'a "Reports and Recommendations" item. 17. That all backflow equipment shall be((located above ground and outside of the street setback area in a manner fully screened from all public streets. Any backflow assemblies currently installed in a vaulC shall be brought up to current standards. Any other large;water system equipment shall tie installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback area in a manner fully creened`from all public streets and alleys. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector. 18. That since this project has; a landscaping area exceeding 2,500 square feet, aseparate irrigation ' meter shall be`ihstalled incompliance with Chapter 10.19'of Anaheim Municipal Code No. 5349 regarding water conservation. Said information shall be `specifically hown on plans submitted for building permits: 19. That all existing water services and fire lines sfiall conform to current Water Service Standards Specifications.'Anyworter service or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. ' 20. That trash storage areas shall be provided and maintainetl in a location acceptable to the Public Works Department, Streets and Sanitation Division and in accordance with approved plans on file with said Department. Said storageareas 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 one-gallon size clinging vines planted on maximum three-Foot centers ortall shrubbery. Said information: shall be specifically shown on the plans submitted for building permits. 21. 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. `- Page 8 `Staff Report to the ' 'Planning£ommisson Octobet 20, 2003 Item No. Z 22. That an on-site trash truck turn-around area shall be provided per Engineering Standard Detail'No. 610 and maintained to the satisfaction of the Public Works Department; Streets andi Sanitationi Division. Said turn-around area shall be specifically shown on;plans submitted for building permits. 23. That plans;shall be submitted to the City Traffic and Transportation Manager for his review and - `approval in conformance with the current version of Engineering Standard Plan Nos: 436 ands 4601/602'pertaining jb parking;standards'and driveway location: Subject property shall thereupon be 'developed and maintained in conformance with said plans. 24. That no required parking area should be fenced in orotherwise enclosed for outdoor storage uses. 25. That all driveways shall be constructed to accommbdate ten (10) foot radius curb returns in 'conformance with Engineering Standard No. 137.' Said information shall tie specifidally shownbn 'plans submitted forbuilding permits. 26. That the legal owner of subjectproperty shall provide the City df Anaheim; a public utilities easement along/across primary;cable underground and around he pad-mounted transformers'. 27, That any required relocation of City electrical facilities will be atthe property owner's'expense. `Landscape and/or fiatdscape screening of all pad-mounted equipment shall be required and shall be outside the easement area of the equipment. Said information shall be specifically hown on'plans `submitted for building permits. 28. That the legal property owner shall submifan application for a Subdivision Map Act Certificate'of Compliance to the Public Works Department, Development Services Division. A Certificate of 'Compliance or Conditional Certificate of Compliance shall be approved by the City Engineer and .'recorded in the Office of the Orange County Recorder prior to issuance ofa building permit. 29. That prior to approval: of the grading plan,'the developer shall submit a Water Quality Management Plan (WQMP) specifically identifying the best management practices that: will be used on-site to control predictable pollutants from storm water runoff. The WQMP shall be submittetl to the Public Works Department,: Development Services Divisiohfor review and approval. 30. That the storm drains and sanitary sewers for this development shall be privately maintained. 31. That the property owner shall submit a letter requesting termination of Conditional Use Permit No. 2539 (to permit acoin-operatedcar wash' in an existing service station) to the Zoning Division. 32. The final elevation plans shall tie submitted to the Zoning Division and Communitybevelopmeht Department for review and approval. Saitl plans shall incorporate the ledge stone treatmenfalong ?the north,: east and south building elevations. Any decision by City staff may be appealed to the Planning Commission as a Reports and Recommendation item: 33. 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. 2 of Exhibit No. 1,' and Exhibit Nos. 2, 3; 4, and Revision No 1 of Exhibit NpS 5, and as conditioned herein.:: 34. That prior to issuance of a building permiffor the first tenant space, or within a period of one (1) year ` from the date of this'resolutionjwhicheveroccurs first, Condition Nos. 8;;10, 12, 13;:14, 15 16, 17, 18, 19, 20,21, 22 23, 25, 26 27, 28, 31,'and 32 above-mentioned, shalt tie complied with. Extensions for further time to cdmplete said conditions may tie granted in' accordance with'Section 18.03.090'of the Anaheim Municipal Code: `Page 9 Staff Report to the Planning Commission October 20,,2003 Item No. 2 35. That prior to final building and zoning inspections, Condition No. 33; above-mentioned, shall be complied with,> 36. 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 10 06-06-03 09,01 From-CITY of AN• -1-C01~ DEU 7147654845 T-916 P.OI/01 F-065 ATTACHMENT - ITEM N0. 2 IVIEHflORANDUFn Community Development Department City ofAnaheim June 4, 2003 T0: FROPfl: SUBJECT: John Ramirez, Planning Department ~~Eduardo Hernandez, Project Manager CUP NO. 2003-04736 -101 SOUTH BROOKHUR5T STREET The following provides background information in preparation for the Planning Commission's consideration of Conditional Use Permit (CUP) No. 2003- 04736, to permit a 3-unit commercial huilding at 101 5. Brookhurst Street. The subject property is located in the West Anaheim Commercial Corridor Redevelopment Project and within the Brookhurst Overlay Zone. The property is zoned CL with a General Plan designation of General Commercial. This small commercial strip center is not consistent with the long-term goals and objectives of the West Anaheim Commercial Corridor Redevelopment Plan and the West Anaheim Vision Plan. These plans identify this site as being ideal for regional commercial uses because of visibility and accessibility along two major corridors. In addition, access to the site for deliveries is problematic because of Its small size. Therefore, the Community Development Department's recommendation is to not support approval of the CUP. Staff believes the site would pe more adequately utilized by working with property owners in the area to consolidate property ownership to provide for commercial uses in line with the goals of the West Anaheim Vision Plan and the Redevelopment Plan. if you have any questions regarding this matter, please do not hesitate to contact me at Extension 4335_ e,ooc9at~~.au+euos~n.~..~x,. ooc E N G I N E E R S ATTACHt1EIJT -ITEM N0. 2 ENGINEERS & PLANNERS TRAFFIC, TRANSPORTATION, PARKING 158() Corporate Drive, Suite 123 > Costa Mesa, California 92626 Phone: 774 641-1587 • Fax: 714 641-0139 October 10, 2003 Mr. Tim Saivar T.W. LAYD'IAN ASSOCIATES 16633 Ventura Blvd., Suite 1320 Encino, CA 91436 NEXT MEETING OCT 2 0 2003 CITY PLANNING COMMISSION Philip M. Linscotl. P.E. (1924-2000) lack M. Greenspan, P.E. William A. Law, P,E. (ReL) Paul W. Wilkinson, P.E. lohn P. Keating, P.E. David S. Shender, P.E. John A. 8oarman, P.E. . .. ;.._.. Clare Ai. Loak-Welter, P: E. Richard E. BarreNO, P.E. LLG Reference: 2.03.2495.1 Subject: SITE ACCESS AND INTERNAL CIRCULATION STUDY FOR THE BROOKHURST/LINCOLN RETAII. CENTER Anaheim, California Dear Mr. Saivar: As requested, Linscott, Law & Greenspan, Engineers (LLG) is pleased to present this site access and internal circulation study for the proposed Brookhurst/Lincoln Retail Center, located in the City of Anaheim, California. The project site is located at I01 5. Brookhurst Street, on the southwest comer of the Lincoln AvenueBrookhurst Street intersection. The development program for the project consists one retail/commercial building structure with a total gross leasable area (GLA) of 4,367 square-feet (SF) divisible to three suites; Retail "A" with 2,000 SF; Retail "B" with 1,184 SF; and Retail "C" with 1,183 SF. This evaluation documents the trip generation potential of the proposed retail center and evaluates service/delivery vehicles on-site circulation. Our evaluation of the project's Service Truck access and on-site circulation was performed using the Turning Vehicle Templates, developed by Jack E. Leisch & Associates, and AutoTURN for AutoCAD computer softwaze that simulates fuming maneuvers for various types of vehicles. These "tools" were utilized to ensure that trash trucks could properly access and circulate through the site. PROJECT TRAFFIC GENERATION FORECAST ® Traffic generation is expressed in vehicle trip ends, defined as one-way vehicular movements, either entering or exiting the generating land use. Trip generation rates used in the traffic forecasting procedure are found in the Sixth Edition of Trip Generation, published by the Institute of Transportation Engineers (ITE) [Washington, D.C., 1997j, and in the San Diego Traffic Generators, published by the San Diego Association of Governments (SANDAG) [April 2002]. Pasadena - 626 i96~?322 • San Diego - 679 299-3090 Las Vegas - ?02 451-1920 • Founded 1966 • An LG2WB Company CIID AI(t ~nno n r - -. . Mr. Tim Saivar T.W. LAYMAN ASSOCL4TES October 10, 2003 Page 2 E N G I N E E R S o The top portion of Table 1 summarizes the ITE trip generation rates for the "Specialty Retail" and "Shopping Center" land use categories, and the SANDAG AM Peak Hour trip rates for "Specialty Retail". ® For both land use categories, the trip generation rates are expressed in trips per 1,000 SF. When applied to the project size (in squaze feet), the trip rates yield the same traffic generation estimates regardless of whether there are two retail tenants or three retail tenants housed in the same retail building structure. ® The bottom portion of Table 1 presents the resulting trip generation estimates for the project, using the "Specialty Retail" rates, and the "Shopping Center" rates. As indicated, the application of "Specialty Retail" trip rates to the project generates 177 daily vehicle trips, 4 AM peak hour trips, and 11 PM peak hour trips. Using "Shopping Center" trip rates results in 188 daily vehicle trips, 4 AM peak hour trips, and I S PM peak hour trips for the project. SITE ACCESS ® Exhibit 1 illustrates the site plan for the project. The retail building will occupy the western portion of the site. Project site ingress and egress will be provided from both Lincoln Avenue and Brookhurst Street via a project driveway along each roadway. The two driveways will be restricted to right-tom in and right-tom out movements only. Along the project frontage, Lincoln Avenue and Brookhurst Street have a raised median, thus restricting left-toms out of each project driveway. On the eastern project frontage, Brookhurst Street provides three southbound travel lanes and a bike lane. On the northern project frontage, Lincoln Avenue (eastbound Lincoln Avenue, approaching Brookhurst Street) provides one ]eft-turn lane, two through lanes, and oneright-tom ]ahe. ® Driveway Width: The project driveways are 24 feet wide, as shown on the site plan.. The City requires the driveway widths to be between 24-30 feet (Standard Detail No. 137). The project satisfies this requirement. ® Project Driveway Throat Length: A 25-foot throat length is considered the minimum length required for the tripmaking potential of the project. The site plan shows a 28-foot throat length at the Lincoln Avenue driveway and 30-foot throat length at the Brookhurst Street driveway, both of which exceed the minimum standard of 25 feet. ® Sight Distance at Project Driveways: The speed limit, within the vicinity of the project site, is 40 mph along Brookhurst Street and Lincoln Avenue. Based on the criteria set forth in the State of California's Hightivay Design Manz~al for comer sight distance (7-% second criteria) and the posted speed limit of 40 mph, the minimum corner sight distance of 440 feet CUP N0. 2003 - 0 4 ~ 3 F, Mr. Tim Saivar T.W. LAYMAN ASSOCIATES October ] 0, 2003 Page 3~ ..-.-. E N G I N E E R S is required at the project driveways. The sight triangle is formed by the driver's line-of--sight from the project driveway and the 440 feet of corner sight distance. Per City criteria, there should not be any hardscape and/or landscape (visual obstructions) higher than 24 inches, or fences/ walls within this sight triangle. At a minimum, consider providing sufficient line-of--sight using the stopping sight distance criteria. Based on the criteria set forth in the State of California's Highway Design Manual for stopping sight distance and the posted speed limit of 40 mph, the minimum stopping sight distance of 300 feet is required. The same parameters of hardscape and/or landscape restrictions apply so that the driver's line-of--sight is not obstructed. SERVICE/DELIVERY ACCESS AND CIRCULATION • The trash enclosure pick-up area for the retail center is located on the southern }imits of the project. The loading/unloading area for delivery vehicles is on the northeastern edge of the retail building. Because this delivery area is the size of a parking stall, it would only be able to accommodate small delivery trucks or delivery vans. Access to these two loading areas will be via the two project driveways. • To ensure that trash tmcks can enter and exit the project site, as well as circulate within the site, the turning radii requirements of a single-unit truck (SU-30) were evaluated. Exhibit 2 illustrates the trash truck access via Brookhurst Street. Review of this exhibit indicates that "front-loading" trash trucks can easily access the site from Brookhurst and enter the loading .area. However, since the trash loading area narrows from 9 feet to 8 feet, trash trucks will not be able to go further than the sidewalk that located on the west side of the building. Hence, trash truck drivers will be required to wheel out the trash bin-from inside the loading area to load the bin into the trash truck. Given a trash truck driver will be required to exit their vehicle, we recommend that the width of the trash loading area be increased from 9 feet to at least 11 feet by implementing either of the following site plan modifications: Reduce the width of the planter that is located adjacent to the handicapped stall to 3 feet from 5 feet; or 2. Relocate delivery vehicles loading/unloading area from the northeastern edge of the building to southeast edge of the building, adjacent to the trash pick-up area. Under this option, trash trucks and delivery vehicles will have up to 17.5 feet (in width) to maneuver into and out of the designated loading areas. ('.11P N0. 2003 - 0 4 7 3 6 Mr. Tim Saivar T.W. LAYMAN ASSOCIATES October 10, 2003 Page-4 E N G I N E E R S PARKING ® City Code Parking Requirement: To determine the number of spaces required for the project, parking demand was first calculated using the City of Anaheim Parking Code. The City Code specifies a parking ratio of 5.5 spaces per 1,000 SF for "Retail Stores and Service Businesses" uses. The application of this ratio to the project's size (i.e., 4,367 SF) results in 24 spaces. The site plan shows that the project will provide 24 spaces to meet the City Code- based parking requirement. ® Parking Lot Design: The parking spaces comply with the Minimum Off-Street Parking Dimension (Standard Detail No. 601-E/602-E). The site plan indicates 1 handicapped parking space, which satisfies the number of handicapped required spaces (Standard Detail No. 436-G). + * * ~ ~ + ~ We appreciate the opportunity of working on this project. Should you need further assistance, or have any questions regarding this study, please call us at (714) 641-1587. Very truly yours, LINSCOTT, LAW & GREENSPAN, ENGINEERS Richard Barretto, P.E. Principa] - Attachments N:~2400~2032495V2pt~2495 Brook-Lincoln Relnil Center Site Access Lettecdoc CUP N0. 2003 - 0 4 ~ ~ 6 E N G I N E E R S TABLE 1 PROJECT TRIP GENERATION FORECAST Brookhurst/Lincotn Retail Center, Anaheim ,~ ;.r~rt'°s.,:~~l3° ~,.. ~~'` T'"~ ~~ ITI; CODE & I:AND USE T12IP 12ATES „ ~ ~ail}^, .,TTotal ^ ~ t1& ?;Ip °lo ~ TPea~k)T Ori`_k°l ouy s-~ ~., Tgta1, ~` PMPezfkH [ In %~° , Ouf,°/q ourz-,~~- ,'~TofaCy 814: Specialty Retail (trips per 1,000 SF) [a] 40.67 60% 40% 1.20 43% 57% 2.59 820: Shopping Center (trips per 1,000 SF) 42.92 61% 39% 1.03 48% 62% 3.74 Sources: Trip Generation (6th Edition), Institute ojTransportation Engineers (1TE), 1997. San Diego Traffic Generators, San Diego Association ojGovernments (SANDAL), Apri12002. Nptes: [a] Specialty Retail AM Peak Hour trip rate based on San Diego Traffic Generators, April 2002. SF =Square Feet ~. ;+ ~4 ,F r ~z r -, 8 ~~~~ ~ '~ ~~~,`1,~.~~y3u ~a~~ ~~~,s~"~ ~~b y ~f ~¢~,"~ ~~x~tiAlVtPea~cH oun't`°.°~ ,~i~`P~M Peak~ uur~,~ PRO~JEGT~TRIE GE1~ER~TIONw ~~~~~~t batt 1u ~. Op~ T fal„ ~'~'Tti ~~! ' `Ou$~ ~Tofat _ ,. „ Y_, W-;, ,r ~. -,Q . Specialty Retail Retail "A" 2,000 SF 81 1 1 2 2 3 5 Retail "B" 1,184 SF 48 1 0 1 1 2 3 Retail "C" 1,183 SF 48 1 0 1 1 2 3 Sub-Total: 4,367 SF 177 3 1 4 4 7 11 Shopping Center Retail "A" 2,000 SF 86 1 1 2-- 3 4 7 Retail "B" 1,184 SF 51 1 0 1 2 2 4 Retail "C" 1,183 SF 51 1 0 1 2 2 4 Sub-Total: 4,367 SF 788 3 1 4 7 8 IS 2495-PRO1TQxls 10/9/2003 - i LINCOLN AVE. I ~ ~~ ~ - i r - -~'I -; ~-~ I. I ~ \ I I -- O F% F Q O rx m 0 rv m is S IY _ 9 0 P e w.. .~... a~ ~ m 0 i N SOURCE: T.W. LAYMAN ASSOCIATES ~T EXHIBIT 1 b® SCALE: t"=30' LINSCOTT LAW & PROPOSED SITE PLAN GREENSPAN E N C I N E E N S BROOKHURST/LINCOLN RETAIL CENTER, ANAHEIM i /"~ ?-P ~~ _ G Y ~rr ~ u ~ u ~ ~ r (G e -_ _- 1 °1° ' t ___ =__= a ®s ___. - _ ___ ~ i _ '~ ~ „>, sr _ _ ~ . im a m a maoaium ^~r ____-_.. me v-x mamucnm --- f-smn, m-a': ax revert / 4 ` 4 ~ r - ' ~ -y i LI / .._L_<._.-.' / ~._[ - ` y I i ~ ,I q -_- 1 ~v r ~T~JJJJJJ~ ? j ~ , ~ C ~I'-K Y _~ TI )~_P IP4l A 1I A 1 ~ ,~~~ } § ~ __ 7 _ \ ~ ___ ,... II~ ~ I b y~ ]f IS YJ-E' 0 CLIP ND. 2003 - 0 4 ~ 3 6 ~' LINCOLN _ I { I ~ , - , v ~ ~ . y ~. b - _ ySr n ~ ~ ~ i C ~ I ~ . . ' _ ~ --~ - , OVERLAPS ', ``-~' '+^` -`- ~ r ~ `n ; ~ LOADING AREA ' --- - - ~ , ~ ~~ ~ _I_ __ Y : ~T ] ~ M . .__.._. y ___ -______ i I -~ O _: - ------ a ner~a e~oo _____._ ' a oi u ~ ..__ w, ~ m r ereerr . orto n rrrs v~ wwrwcnon ___.____ +arrnr. •v.s~. ~ xm. xeioxr V ~ ~ . ~,i ~ ~ * .er ~. ` a l~`~ W /.VN9/f0 i ' c UvIV m Y t __ ' I O i.m{ Cl, lL~L(LLL~6 / ~ ~x _ I n 1 z n _n~ 1 I r ~ - - i a -_ a .: ww § -r v I rb o ~ _ '~ ..7 =....~ b ~~ I N A....- v v n .vm." m a ma ~ N G N/ D S N SOURCE; T.W. LAYMAN ASSOCIATES ~y E~IIBIT 2 A® SCALE: 1"=30' uNSCO7T FRONT LOADING TRASH TRUCK MOVEMENTS ~~ ~ ENTRY VIA BROOKHURST ST., EXIT VIA LINCOLN AVE. GREENSPAN ENGINEERS BROOKHURST/LINCOLN RETAIL CENTER, ANAHEIM ITEN tJO. 3 :RCL 60-61-02 Q o x°a VEUCLID RM-1200 ~ N4 DU `] ~'a CENTER 4 DU EACH I Q ~ 6 DU N w CAR WASH U ~ ~ 2 RM-1200 O 4 DU EACH ~ GLEN AVE I RM-1200 TRACT NO. 3612 ~ M-1200 RCL fi0-61-02 V-1267 IU EACH 4 DU EACH ~_ VAR 872 VAR 966 5 by . W V ~ () (1 m n~b > o f il °' 2i N~ ~ (.lClm FOiWrr Q ~~ 3'oooN = Z AA ' O ~ ~ ~ ~ VO W LA PALMA AVENUE -175 ' -~ W Q N O O O O O Q ~W I CUP 1910 SM. COMM. SHI CL RCL 60-61-02 VAR 4296 RESTAURANT RCL @-fi341111 CUP 1]1 VAR 06! vAR ns CL .. "~ curs 56-57-75 ° ° o vnR za T-CUP 2001-04473 ~ SEftv.. CUP 327 ADJ 2001-00215 CL WALGREENS fi0-61-67 PHARMACY T-CUP 2001-1 CUP 749 SMALL SHOPS DOGWOOD AVE > T cr NO. a, Q M-1200 Z ® SG57-61 Q 3 DU EACH U 2 O O oQ ~ W W Q Y FRANCIS DR CL 6fi-57-61 VAR 3625 VAR 3675 VAR 990 SMALL SHOPS LIOUOR TRACT NO. 3246 RRLt200 _ CL SGS] fit 56-5]-61 - V-1111 30U EACH SHOPS TRACT NO. 3008 TRACT NO. 3069 CL RM-1206 _ 36;51:61-- s .. ......_ RM.2 RCL 64 (Res. al IR4 m RCL 200: T-CUP 201 ' 7 CUP 200 . C VAR' t- VAR 0 ~ VACI Cn ;D m m 53 CU CL SI SI CL RESTAURA CL L 66 61-06 AR 2319 AR 1818 V-1128 Conditional Use Permit No. 2670 Subject Property TRACKING NO. CUP2003-04770 Date: October 20, 2003 Scale: 1" = 200' Requested By: ITALIAN R. BRUNOS Q.S. No. 45 REQUEST TO AMEND CONDITIONS OF APPROVAL PERTAINING TO HOURS OF OPERATION IN CONJUNCTION WITH APREVIOUSLY-APPROVED SEMI-ENCLOSED RESTAURANT WITH ON-PREMISES SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES. 1750 West La Palma Avenue - EI Patio Restaurant 961 CL ~ RCL 64-66-106 CUP 3751 VAR 253 SERVICE STATION Staff Report to the r ' Planning Commission October 20, 2003 Item No. !$ 3a. CEQA CATEGORICAL EXEMPTION-CLASS 1 (Motion): 3b.' ' CONDITIONALUSE PERMIT NO'2670 (Resolution) (TRACKING N0. CUP2003-04770) `; SITE LOCATION AND DESCRIPTION::: (1) This rectangularly-shaped, 1.2-acre property(is located at the southeast corner of La Palma Avenue and Mohican Avenue, having frontages of 175 feet on the'south side of La Palma Avenue and 275 feet on'the east side of Mohican Avenue (1750 West La Palma Avenue- EI Patio Restaurant). REQUEST: (2) The petitioner: requests amendment to conditions of approval under authority of Code Section 18:03.091, pertaining to;hours of operation in conjunction with a previously approved semi- enclosed restaurant with on-premises sale and consumption of alcoholic beverages, BACKGROUND: (3) This property'is currently developed with a restaurant and is zoned CL (Commercial, Limited). The Anaheim:General Plan Land Use Elemertt Map designates this property for General Commercial land uses and surrounding properties as follows: General Commercial to the north (across LaPalma Avenue) and east, Medium Density Residential to the south and Low Density Residential to the west across Mohican Avenue. (4) Conditional Use Permit No. 2670 (to permit on-premises sale and consumption of alcoholic beverages irta semi-enclosed restaurant) was approved by the Planning Commission on April 1, 1985. On June 17, 2002, the Commissioh denied a request to amend a condition of approval pertaining to hours of operation and to permit a public dance hall as an accessory use with on-premises sale and consumption of alcoholic beverages. On August 27, 2002, the City Council considered he applicant's appeal of the Commission's denial .Council continued the item to the October 15, 2002„Council meeting and referred the matter back to the Commission for re-evaluation of anew method of operation that the applicant was considering. On October 15, 2002,.the City Council adopted Resolution No 2002R-221, approving the applicant's request,'n part, to'modify the hours of operation for a period'of one year, and denvina the public dance hall, (5) Resolution No. 2002R-221, adopted in conjunction with the modification of Conditional Use Permit No: 2670 on Octdber 15,;2002, contains the following condition of approval: "1 "That the hours of operation shall be limited to 11:00 a.m. td midnight,'Sunday, Monday, '' Tuesday, and Thursday; and 11:00 a.m. to 1:30 a.m: on Wednesday, Friday, and Saturday; provided,'fiowever, that effective October 15, 2003said hours of operation shall beiand remain thereafter as follows: 1.1:00 a.m.td 11:00 p'.m., seven`days a week." Sr5050jr' Page 1 j=~airrsafC7"eraticn ~ r,< Sunda ~ ~ s Monda =r Tuesda ~ Fu We`driesda ` Tfiursd'a _,. Fntla`"~,,x Satu~da Originally Approved 11 am- 11 am- _ 11 am- 11 am- 11 am- 11 am- 11 am- (Resolution No. 11 pm - 11 pm 11 pm 11 pm ` 11 pm 11 pm 11 pm PC85-84) Approved by City 11 am- 11 am- ' 11 am- 11 am- 11 am- 11 am- 11 am- Council (Resolution ' Midnight Midnight, Midnight 1:30 am Midnight 1:30 em 1:30 sm l No. 2002-221) Hours Reverted to on : 11 am-;' 11 am- 11 am- 4 11 am- ' 11 am-' 11 am- 11 am- October 15 2003 11 pm ' 11 pm 11 pm ' 11 pm ' 11 pm ! 11 pm 11 pm' Requested Hours 11 am- 11 am- ' 11 am- ? 11 am- 11 am- 11 am- 11 am- ` 2 am Midnight Midnight 2 am 2 am 2 am ' 2 am Page. 2 Staff Report to the Plannirig Commissipn Octobet 2p, 2003 Item No. 3 (7) The Gode Enforcement: Division has submitted the attached memorandum dated October 10, 2003, pertaining to property compliance inspection conducted oniSeptember23, 2003. The memorandum indicates hat there are no citizen complaints regarding the business and'that the restaurant?appearstp be operating in compliance with all conditions of approval contained _ within Resolution No.2002R-221. The memorandum:also indicates that the`bwner has' installed additional lighting within tte parkingllot and on'the building. (8) The Anaheim Police Department submitted the attached memorandum, dated September 27, 2Q03, regarding the request for extended hours of operation for the existing restaurant The restaurant islpcated iri Reporting District 1521, which has a crime'rate of 245 oerceritabove average. Reporting Districts to the north, south, east acid west are also above the citywide average. The'Anaheim Police Department has indicated fifteen calls for service from September 1,'2003 through September 16, 2003. These calls included: 1 burglary alarm; 2 assaults; 2 disturbances;. 1 fight; 2.911 hang-ups; 3 lost br stoleri possessidns; 1 battery; 2 burglaries; and 1 trafficeccident. ' Of these fifteen calls; seven reports were taken, which included: 3 lost or stolenpossessions; 2 drunk driving; 1' assault with a deadly weaporiy and 1 domestic violence disturbance. Due to the high crime rate, the numerous police responses to the location and the proximity to the residential neighborhood, the'Anaheim Police Department recpmmends'denial of this request: z (9) Although this reporting district and surroundirtg districts have crime rates above citywide average, calls for service to the business were reducedlto almost Half (29 calls for service were taken from February 2001 through March 2002) the numberof calls from the previous year. Because the business is currently operating in compliance with all conditions of approval and because the numberof calls for: service has been reduced, staff recommends approval, in part of the request fof an extension of the hours of operation. Due the proximity of single-familyand multi-family residential uses, staff recommends the hours of operation to be limited from f1:00 a.m. tp midnight; Sunday'Mondav Tuesday and Thursday~ and 91:00 a.m. to 1;30 a.m dh Wedriesday, Fritlay and' Saturday. as'dreviously approved py the City.Council, fora oeriod'of five (5}Years. ENVIRONMENTAL IMPACT ANALYSIS: (10) The Planning Director's euthorized'representative has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing ' Facilities), as defined inthe State CEQA Guidelines and is, therefore, exempt from the requiremenftp prepare'additional'environmental documentation. 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 Elemenfadopted by the City Council orY March 17,+1992. Based on City staff review of theproposedproject, 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: (12) Before the Cpmmission'grants any conditional use permit, it must make a finding of fact that the evidenpe presented shows that all of the following conditions exist: Page 3 Staff Report td the Planning Commission October 20; 2003 Item No. 3 (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 larid 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 to the particular area hor to the peace, health, safety, and general welfare; (d) That the traffic generated by theproposed 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 td the peace health, safety and general welfare of the eitizens of the City of Anafteim. (13) Subsection 18.03.092 of the Anaheim Municipal Code provides for the modification or termination of a donditionafuse 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 td exist or has been suspended'Or inoperative for any reason for a period of six (6) cdnsecutive months'or more; (d) That the permit granted is being, Or recently has been exercised contrary to the terms or conditions of such approval, oYin 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 onecr more of the required showings for the'ssuance of such entitlement asset °forth in this chapter nollonger 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:?. (14) Staff recommendsthat, unless additional or contrary testimony is received during the meeting, and based upon the evidence submitted to the Commission; including he evidence presented Page`4 :`Staff Report to the Planning Commission October 20, 2003 item No. 3 in this staff report, and oral and written evidence presented at the'public hearing, that the Commission take the following actions: (a)? By motion, determine that the project is Categorically Exempt under Section 15301, Class 1 (Existing,Facilities);of the CEQA Guidelines. (b) By resolution, aoorove this request i, n hart, for an amendment to a condition of approval for Cohtlitional Use Permit No. 2670{Tracking No. CUP2003-04770) pertaining o hours of operation in conjunction with a previously approved semi-enclosed restauraht with on- premises sale and consumption of alcoholic beverages, based on the following:,; (i) That the request to amend Condition No. 1 of Resolution No, 2002R-22f is :'properly one for which a cond(tional useparmit is authorized by the Zoning Code. (li) That although this reporting district and surrounding districts have crime rates above the citywide average, calls for service to the business were reduced to almost half (29 calls for service were taken from February 2001 through ' September 2002) the number of calls from the previous yeas Because the :business is currently'operating'n compliance with all conditions of approval and because the number`bf calls for service Etas been reduced, staff believes the ;request foran extension of the`hours of operation would not be detrimental to the peace, health, safety and general welfareof the citizens of the City of Anaheim; (iii) That the expanded hours of operation forthe semi-enclosed restaurant is necessary o permitthe reasonable operation under Conditional Use Permit No. 2670, provided the revised condition limits the lengtfi' of such additional hours to five (5) years in order to protect the public peace, health, safety or general welfare due to the site's proximity to single family residential land uses. (c) Staff further recommends that should the Commission wish to approve this request, that ' the conditions of approval contained in Resolution No. 2002R-221 be incorporated into a new resolution which includes the following conditions of approval: 1. That the hours of operation shall be limited to 11:00 a.m. to midnight, Sunday, Monday, Tuesday, and Thursday; and 11:00 a'.m. to 1:30 a.m. om Wednesday, Friday,. and'Saturday; provided, however, that effective October 15, 2008 (a period bf five years), said hours of operation shall be and remain thereafter as follows: `11:D0 a.m7 to 17:00 p.m., seven days?a week. 2. That any tree planted on-site shall beYeplaced in a timely manner in the event that it is removed, damaged, diseased and/ortlead. 3. That the on-site landscaping and irrigation system shall be maintained in compliance with City standards. 4. That all doors serving the restaurant shall conform to Uniform Fire Code requirements and` shall tie kept closed at all times during: operation of the premises except for ingress/egress; deliveries and emergenciesi Page 5 Staff Report to the Planning Commission ' October 20; 2003 Item No. 3 5. That all existing and proposed roof-mounted equipment (including the existing satellite dish) shall tie completely screened from view in all directions by properly maintained'design elements df the building. 6. 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, 7. That food service with a full meal shall be available from opening time until closing time, on each day ofioperation'r 8. That there shalt be no`pool tables, vending machines'or arcade devices maintained upon the premises at any ime. 9. That subject alcoholic beverage license shall not be exchanged for a public premises (bar) ype license nor shall the establishment be dperated'as a publicpremise'as defined in Section 23039 of the California Business and Professions Code: 10. That the gross sales df alcoholic beverages shall not exceed 40 percent of gross sales of all retail sales during any three'(3) month period. The;applicantishall maintain records on a quarterly basis indicating the separate amounts of sales of beerand wineand other items. These records shall be made available for inspection by any City of Anatieim official' during seasonable business,fiours. 11. That there shall be nofflive entertainment, amplified music or dancing permitted on the premises at(any time without issuance of proper permits as required by the Anaheim` Municipal Code. 12. That the sales of alcohol for off-premises consumption shall be prohibited. c 13. That there shall be no'exterior advertising of any kind br type, including advertising directed to the exterior from within, promoting or indicating the`availability of alcoholic beverages. 14. That the activities occurring in conjunction with'the operation of this establishment shall not cause noise disturbance to surrounding properties. 15. That the parking lot serving the premises shall be equipped with,lighting of sufficient power to illuminate. and make easily discernible the appearance and conduct of all persons on or about the parking lot :Said lighting shall badirected, positioned and shielded in sud6`a manner so as not to unreasonably illuminate the windows of nearby residences. 16. That the business operator shall: comply with Sectiom24200.5 of he Business and Professions Code so es not to employ or permit any persons tosolicit or encourage others, ditectly or indirectly, to buy them`drinks in the licensetl premises':underony commission, percentage, glary, or other profit-sharing plan, scheme or conspiracy. 17. That there shall be no public telephones on'the premises located outside the building. 18. That signage shall be limited to existing and approved signs. That temporary signs and other advertising devices shall not be permitted except when in!connection with an approved Special Event Permit :` Page`6 Staff Report to the Planning'Commisson October 20, 2003 Item No. 3 19, i That no advertising or identification of any type shall be permitted on any outdoor furniture or equipment including um6~ellas, by illustration; ext or any: other means of visual communication. 20. That the property shall be permanently maintained in an orderly fashion by provitling regular landscape: maintenance, removal of trash-or debris; and removal of graffiti within twenty-four (24) flours from time of occurrence. 21. That four (4) foot high address numbers shall be displayed on the flat area of the roof in a s contrasting color to the roof material; provided the numbers shall nottbe visible from the streetbr adjacentproperties: 22. That subject property shall be developed substantially in accordance with plans and speciFlcations submitted to the City ofpnaheim by the petitioner and which plans are on file with the Planning'Department marked Exhibit Nos. 1, 2 and 3 as contlitioned herein. 23. That trash storage: areas shall be maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division to comply with' approved :plans on file with said. Department. 24. ' That a minimum of four (4) licensed uniformed security guards, approved by the Anaheim ` Police Department, shall be provided on the premises spedifically to provide security, and to discourage vandalism, trespass and/or loitering upon or adjacent to the subject property:. Said security guards shall remain on-duty as determined appropriate by the Anaheim Police Department. 25. r That the landscape planters shall be permanently maintained with live and healtfty plant materials. 26. ' 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 tegarding any other applicable'drdinance; regulation or requirement. Page 7 ATTACHt1Et~T - ITEM N0. 3 RESOLUTION NO. 2002R-221 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN CONDITIONAL USE PERMIT NO. 2670 AND AMENDING RESOLUTION NO. PC- 85-84. WHEREAS, on April 1, 1985, the Anaheim City Planning Commission, by Resolution No. PC85-84, granted Conditional Use Permit No. 2670 to permit on-sale alcoholic beverages in a semi-enclosed restaurant at 1750 West La Palma Avenue; and that Condition No. 6 of said resolution specifies that the hours of operation shall be limited to 17.:00 a.m. to 11:00 p.m., seven days a week; and WHEREAS, the property, located at the southeast corner of La Palma Avenue and Mohican Avenue, is developed with a restaurant. (E1 Patio Restaurant); that the zoning is CL (Commercial, Limited); and that the Anaheim General Plan Land Use Element designates the property for General Commercial land uses; and WHEREAS, Aurora Angel, representing the business owner, has submitted a letter requesting an amendment to the above-mentioned Condition No. 6 to increase the daily hours of operation and permit the use from 11 a.m. to 2 a.m. (instead of from 11 a.m. to 11 p.m.), and to permit a public dance hall as an accessory use to the existing semi-enclosed restaurant with on-sale alcoholic beverages; and that "public dance hall" is defined in subsection .010 of Section 4.16.010 (Definitions) of Chapter 4.16 (Amusement and Entertainment Premises - Dances) of Title 4 (Business Regulation) of the Anaheim Municipal Code as "a place open to the public upon the payment of an admittance fee, wherein music is provided for patrons to dance, which is so open at regular intervals or on regular days. of the week"; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 25; 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 requested amendment and to investigate and make findings and recommendations in connection therewith; and that the hearing was continued to the May 20 and June 17, 2002 Planning Commission meetings; and WHEREAS, on June 17, 2002, the City Planning Commission did adopt its Resolution No. PC2002-96 approving, in part, certain requested amendments to the conditions of approval of Conditional Use Permit No. 2670 as previously approved by City Planning Commission Resolution No. PC85-84, but extending the permitted hours of operation of said semi-enclosed restaurant but denying the request to permit a public dance hall as an accessory use of the premises; and WHEREAS, thereafter, within the time permitted by law, the petitioner appealed the decision of the Planning Commission relating to the hours of operation of the restaurant but withdrawing its request for approval of a public dance hall on the premises; and WHEREAS, the City Council held a duly noticed public hearing on October 15, 2002, at which hearing the City Council did receive and consider evidence, both oral and documentary, relating to said request; and WHEREAS, the City Council hereby finds and determines as follows: 1. That the request to amend Condition No. 6 of Resolution No. PC85-84 to increase the daily hours of operation to permit the on-premises sale and consumption of alcoholic beverages in a semi-enclosed restaurant is authorized by Anaheim Municipal Code Section 18.03.091. 2. That the proposed use is properly one for which a conditional use permit is 'authorized by Anaheim Municipal Code Section 18.44.050.0285 to wit: to permit a public dance hall as an accessory use to the existing semi-enclosed restaurant with on-premises sale and consumption of alcoholic beverages in the CL "Commercial, Limited" Zone. 3. That the proposed amendments to this conditional use permit, to permit a public dance hall as an accessory use is hereby denied on the basis of a significant above-average crime rate for the Reporting District in which this property is located (2450 above the city average); and that since February 2001, the Police Department has received 29 calls for service at this property, including 10 party/music disturbances. WHEREAS, the increase to the hours of operation of the semi-enclosed restaurant as hereinafter approved is necessary to permit reasonable operation under Conditional Use Permit No. 2670 provided an additional condition is added to said Conditional Use Permit limiting the length of said additional hours of operation to one year in order to protect the public peace, health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the conditions of approval heretofore imposed in Conditional Use Permit No. 2670, as set forth in City Planning Commission Resolution No. PC85-84 be, and the same are hereby, amended in their entirety, to read as follows: "l. That the hours of operation shall be limited to 11 a.m. to midnight, Sunday, Monday, Tuesday and Thursday; and 11:00 a.m. to 1:30 a.m. on Wednesday, Friday and Saturday; provided, however, that effective October 15, 2003, said hours of operation shall be and remain thereafter as follows: 11:00 a.m. to 11:00 p.m., seven days a week. - 2 - 2. That any tree planted on-site shall be replaced in a timely manner in the event_that it is removed, damaged, diseased and/or dead. 3. That the on-site landscaping and irrigation system shall be maintained in compliance with City standards. 4. That all doors serving the restaurant shall conform to Uniform Fire Code requirements and shall be kept closed at all times during operation of the premises except for ingress/egress, deliveries and emergencies. 5. That all existing and proposed roof-mounted equipment (including the existing satellite dish) shall be completely screened from view in all directions by properly maintained design elements of the building. 6. 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. 7. That food service with a full meal shall be available from opening time until closing time, on each day of operation. 8. That there shall be no pool tables, vending machines or arcade devices maintained upon the premises at any time. 9. That subject alcoholic beverage license shall not be exchanged for a public premises (bar) type license nor shall the establishment be operated as a public premise as defined in Section 23039 of the California Business and Professions Code. 10. That the gross sales of alcoholic beverages shall not exceed 40 percent of gross sales of all retail sales during any three (3) month period. The applicant shall maintain records on a quarterly basis indicating the separate amounts of sales of beer and wine and other items. These records shall be made available for inspection by any City of Anaheim official during reasonable business hours. 11. That there shall be no live entertainment, amplified music or dancing permitted on the premises at any time without issuance of proper permits as required by the Anaheim Municipal Code. 12. That the sales of alcohol for off-premises consumption shall be prohibited. 13. That there shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 14. That the activities occurring in conjunction with the operation of this establishment shall not cause noise disturbance - 3 - to surrounding properties. 15. That the parking lot serving the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the windows of nearby residences. 16. That the business operator shall comply with Section 24200.5 of the Business and Professions Code so as not to 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. 17. That there shall be no public telephones on the premises located outside the building. 18. That signage shall be limited to existing and approved signs. That temporary .signs and other advertising devices shall not be permitted except when in connection with an approved Special Event Permit. 19. That no advertising or identification of any type shall be permitted on any outdoor furniture or equipment including umbrellas, by illustration, text or any other means of visual communication. 20. 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. 21. That four (4) foot high address numbers shall be displayed on the flat area of the roof in a contrasting color to the roof material, provided the numbers shall not be visible from the street or adjacent properties. 22. 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, 2 and 3 as conditioned herein. 23. 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. 24. That a minimum of four (4) licensed uniformed security guards, approved by the Anaheim Police Department, shall be provided on the premises specifically to provide security, and to discourage vandalism, trespass and/or loitering upon or adjacent to the subject property. Said security guards shall remain on-duty as - 4 - determined to be appropriate by the Anaheim Police Department. 25. That the landscape planters shall be permanently maintained with live and healthy plant materials. 26. That within 60 days from the date of this resolution, Condition Nos. 5, 15, 17, 21, 22 and 23, above-mentioned, shall be complied with. 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. 28. That within ten (10) days of approval of this resolution, a revised seating plan .shall be submitted to the Fire Department for review or approval. Once approved, said plan shall be implemented within a period of time determined by the Fire Department." BE IT FURTHER RESOLVED that, except as expressly amended herein, Resolution No. PC-95-84 shall remain in full force and effect. ATTEST~//:~~~ ~~ CI CLE OF HE CITY OF ANAHEIM 46936.1 - 5 - STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 1, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2002R-22~ was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 15th day of October, 2002, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Tait, McCracken NOES: MAYOR/COUNCIL MEMBERS: Kring and Daly ABSENT: MAYOR/COUNCIL MEMBERS; None I ~// •A/A n~ ~~y ITY CLER OFT E CITY OFANAHEIM (SEAL) ATTACHMENT - ITEM N0. 3 RESOLUTION NO. PC2002-96 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT THE REQUEST TO AMEND CONDITIONAL USE PERMIT N0.2670 BE DENIED WHEREAS, on April 1, 1985, the Anaheim City Planning Commission, by Resolution No. PC85-84, granted Conditional Use Permit No. 2670 to permit on-sale alcoholic beverages in a semi- enclosed restaurant at 1750 West La Palma Avenue; and that Condition No. 6 of said resolution specifies that the hours of operation shall be limited to 11:00 a.m. to 11:00 p.m., seven days a week; and WHEREAS, the property, located at the southeast corner of La Palma Avenue and Mohican Avenue, is developed with a restaurant (EI Patio Restaurant); that the zoning is CL (Commercial, Limited); and that the Anaheim General Plan Land Use Element designates the property for General Commercial land uses; and WHEREAS, Aurora Angel, representing the business owner, has submitted a letter requesting an amendment to the above-mentioned Condition No. 6 to increase the daily hours of operation and permit the use from 11 a.m. to 2 a.m. (instead of from 11 a.m. to 11 p.m.), and to permit a public dance hall as an accessory use to the existing semi-enclosed restaurant with on-sale alcoholic beverages; and that "public dance hall" is defined in subsection .010 of Section 4.16.010 (Definitions) of Chapter 4.16 (Amusement and Entertainment Premises -Dances) of Title 4 (Business Regulation) of the Anaheim Municipal Code as "a place open to the public upon the payment of an admittance fee, wherein music is provided for patrons to dance, which is so open at regular intervals or on regular days of the week"; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 25, 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 requested amendment and to investigate and make findings and recommendations in connection therewith; and that the hearing was continued to the May 20 and June 17, 2002 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 request to amend Condition No. 6 of Resolution No. PC85-84 to increase the daily hours of operation to permit the on-premises sale and consumption of alcoholic beverages in a semi-enclosed restaurant from 11 a.m. to 2 a.m. (instead of from 11 a:m. to 11 p.m.) is authorized by Anaheim Municipal Code Section 18.03.091. 2. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.44.050.0285 to wit: to permit a public dance hall as an accessory use to the existing semi-enclosed restaurant with on-premises sale and consumption of alcoholic beverages in the CL "Commercial, Limited" Zone. 3. That the proposed amendments to this conditional use permit, consisting of an amendment to the hours of operation and adding an accessory use, are hereby denied on the basis that the Anaheim Police Department indicates a significant above-average crime rate for the Reporting District in which this property is located'(245°!° above the city average); and that since February 2001, the :Police Department has received 29 calls for service at this property, including 10 partylmusic disturbances. Tracking No. CUP2002-04517 CR5400DM -1- PC2002-96 4. That the restriction to the hours of operation was one of the principal reasons that led to the original approval of Conditional Use Permit No. 2670 due to the location of the restaurant in relation to the surrounding residential neighborhood. 5. That approval of the proposed combination of on-premises sale and consumption of alcoholic beverages, a public dance hall, increased hours of operation, and the existing high crime rate in the area would be detrimental to the peace., health, safety, and general welfare of the citizens of the City of Anaheim due to the location's proximity to residential neighborhoods to the south, west and southwest. 6. That approval of the proposed amendments to Conditional Use Permit No. 2670 would adversely affect the adjoining land uses and the growth and development in the surrounding area. 7. That the size and shape of the site for proposed use is not 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 of the Citizens of the City of Anaheim. t3. That the traffic generated by the existing use, as proposed to be amended, would impose an undue burden upon the streets and highways designed and improved to carry traffic in the area. 9. That one person spoke in opposition to the subject request; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or his authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Class 1, as defined in the State of California Environmental Impact Report ("EIR") Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby deny the request to amend Resolution No. PC85-84, adopted in connection with Conditional Use Permit No. 2670, on the basis of the aforementioned findings. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 17, 2002. _ (Original signed by Craig Anthony Arnold) CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: (Original Signed 6y Eleanor Fernandes) SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) -2- PC2002-96 I, Eleanor Fernandes, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on June 17, 2002,'by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, 80YDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this day of 2002. (O~ iginai s'gred by Elzsror Fernandes) SECRETARY, ANAHEIM CITY PLANNING COMMISSION _3. PC2002-96 ATTACHMENT - I TEt1 Np. 3 MEMORANDUM CITY OF ANAHEIM Code Enforcement Division DATE: OCTOBER 10, 2003 TO: JOHN RAMIREZ, ASSISTANT PLANNER FROM: j~ DON YOURSTONE, SENIOR CODE ENFORCEMENT OFFICER SUBJECT: EL PATIO RESTAURANT, 1750 W. LA PALMA AVE. REINSTATEMENT OF CONDITIONAL USE PERMIT # 2670 This memo is written in response to your request for information regarding El Patio Restaurant located at 1750 W. La Palma Ave. Code Enforcement records indicate no citizen complaints have been received regarding this restaurant. On September 23, 2003, I conducted an inspection at this location and found El Patio Restaurant was open and operating within the conditions of approval for Conditional Use Permit # 2670. The owner of the business as installed extra lighting in the parking lot and on the building. On October 9, 2003, I spoke to Beatrice Quintero regarding condition #10 pertaining to sales of alcoholic beverages shall not exceed forty percent of gross sales during three month period. Ms. Ouintero stated that she would provide me with this information on Monday, October 13, 2003. If you have any further questions regarding this matter, please feel free to contact me at ext. 4451. m81 I dy.doc ATTACHMENT - ITEM N0. 3 IVI ~ 9Y9 ® r'S F®~ ® ~ IYI ........_.. City of Anaheim POLICE DEPARTMENT DATE: September 27, 2003 TO: John Ramirez Planning Department FROM: Sergeant Lozeau Vice Detail SUBJECT: Conditional Use Permit 2003-04770 LOCATION: EI Patio Restaurant 1750 West La Palma Avenue Anaheim, CA 92805 The Police Department received an I.D.C. Route Sheet for Conditional Use Permit 2003 -04770. The applicant is requesting to amend a condition of approval to extend the hours of operation for an existing restaurant and public dance hall to stay open until 2:00 am, and reinstatement in five years. The location is within Reporting District 1521, which has a crime rate of 245 percent above average. The Reporting District to the north is 1421 and has a crime rate of 94 percent above average. The Reporting District to the south is the 1621 and has a crime rate of 64 percent above average. The Reporting District to the west is 1520 and has a crime rate of 12 percent above average. The Reporting District to the east is 1522 and has a crime rate of 168 percent above average. From September 1, 2002 thru September 16, 2003 this location had 15 calls for service related to the business. These calls consist of 1 burglary alarm, 2 assaults, 2 disturbances, 1 fight, 2 911 hang up, 3 lost or stolen, 1 battery, 2 burglaries, and 1 traffic accident. Of the above listed calls for service 7 reports were taken. These reports consist of 3 lost or stolen, 2 drunk driving, 1 assault with a deadly weapon, 1 domestic violence disturbance. The Anaheim Police Department would recommend denial of this request :based on the extremely high crime rate, and the location is in a residential neighborhood. It should be noted that all of the RD crime rates went up with the exception of RD 1522. f:\homeMmifwi~\2003-04770 EI Patlo2.doc ITEM N0. 4 m 0 rv RM-1200 °~ 4 DU EACH U NEIGHBORS AVE } ~ I ~ EACH L 60-61-02 RC ~ ~ 1200 o _ I I 4 DU EACH U ~ 4 DU _ ~6DU O ~ 1200 RM-1200 EACH 4 DU EACH RCL fi0-61-02 CL CUP 756 a z VAR 1775 sa EUCLID ""~ a CENTER iw CAR WASH ,n GLEN AVE CL RCL 62-63-01 RCL fi0.6t-0fi CL RM-1200 T-CUP 2003-04769 T-CUP 2002-04607 RCL fi0-61-02 TRACT NO. 3612 VAR 4296 RM-1200 RCL 60.61-02 { V 1267 CUP 2001-04466 RESTAURANT 4 pU EACH 4 DU EACH _ CUP 1550 SMALL SHOPS c c~ I CL C ° $ CL l' 'r cL o R d L 62.63.41 3)RCL 6]-86-13 CUP413]S ~o V-746 t WC RCLfi0.fi1-~ UP113 CUP2436 Y a ~ CUP 2945 I ,°.~ VAR 612 ' > GUP 49i6 I e ~ SM. COMM. SHOPS rc VAR 96B 5 ~ V- 46 6M. GOMM. SH( I i j~m-125' ®T ® LA PALMA AVENUE CL VAR 2466 1 ~ tlJ W .'U 63 () 1 Q o= ~ oU ~C~V~ OVa Q NQ¢ -I -ONN I (q ~w Y rU1 CN°o °o ~r0' t Q U)7 ~ u:17 Arn N~~ 1 ~ a° a ~O Z~pOAN ~ V O DOGWOOD AVE ¢ TR.A1 O 3R m C C7 r O R7 m m RCL( Cl ME Cl I (Re: RI r-c a STATIC 6SO' RCL 6)Ai11~1 CUP 1b vAR eur I VAR ]]5 ~ CL I CL 4o RCL 64-fiS164 I 53-54-06 ~~ CUP Z4tz I VAR 4323 CUP 494 CL VAR 2491 5 AR 1844: 56-57-75 ~'O SERV. STN. HARMAC' T-CUP 2001-04473 r CUP 327 AOJ 2001.00215 CL WALGREENS 60-61-87 PHARMACY T-CUP 2007-04473 CUP 1013 CUP 149 SMALL SHOPS CL 1.3248 SG57-61 3p, ® VAR 3625 ~1 VAR 3675 NCH VAR 990 SMALL SHOPS LIOUOR Conditional Use Permit No. 2001-04466 ~ Subject Property TRACKING NO. CUP2003-04769 Date: October 20, 2003 Scale: 1" = 200' Requested By: JOHN PEDICINI Q.S. No. 44 REQUEST AMENDMENT TO CONDITIONS OF APPROVAL PERTAINING TO HOURS OF OPERATION FOR APREVIOUSLY-APPROVED RESTAURANT WITH SALES OF BEER AND WINE FOR ON-PREMISES CONSUMPTION. 1751 West La Palma Avenue - EI Rey Del Marisco I 966 'Staff Report to the ? Planning Commission October 20, 2003 ltem No. 4 4a. ' CEQA CATEGORICAL EXEMPTION -CLASS 1 (Motion) 4b. CONDITIONAL USE PERMIT NO.'2001=04466 ! (Resolution) (TRACKING NOr CUP2003-04769) SITE LOCATION AND DESCRIPTION:' (1) This rectangularly-shaped 0.4 acre property has a frontage of 125 feet on the north side of `La Palma Avenue, a maximum depth of 134 feet,'and is located 650 feet west of the centerlineof Euclid'Street (1751 West La Palma Avenue- EI Rey Del Marsco). REQUEST: (2) The petitioner requests amendment to conditions of approval pertaining to hours of operation for apreviously-approved restaurant with sales of beer wine for on-premises bonsumption underauthority of Code Section 18.03'.092. BACKGROUND: (3) This property is developed with`an existing commercial retail center with six tenant spaces (which is part of a strip of commercial properties) located on the north side of La Palma .'Avenue between Onondaga Avenue and`Euclid Street. This property is zoned CL ! (Commercial, Limited) and the' Land Use Element Map of the Anaheim General Plan r designates this property for General Commercial land uses antl further designates the :surrounding properties as follows: Medium Density Residential`to the north across the alley; General Commercial to the east and west; Low Density and Medium Density !, Residential to the south acrossLa Palma Avenue. PAST ZONING ACTIONS: (4) Conditional Use Permit No. 1550 (to permit on-premises sale and consumption of beer and "wine in an existing restaurant: at 1755 West La Palma Avenue) was approved by the: `..Planning Commission on July 7, 1975. Conditional Use PermiYNo. 1550: was readvertised on December 6, 1999, to permit a 1,210,square foofexpansion to the existing 1,377,square `foot restaurant witk the sale of beer and wine for on?premises consumption. Planning Commission approved the expansion wither time limitation ezpifing on December 6;2000. (5) Conditional Use Permit No. 2001-04466 (to establish land use conformity with existing zoning cede requirements for a`commarcial retail center and to permit the sale of tieer and wine for oh-premises consumption in conjunction with an existing restaurant} was approved ,' by the Planning Commission on December 17, 2001`: On October 7, 2002, Commission approved an amendment to the hours of operatiod (Tracking No. CUP2002-04607),for a period of one year to expire on October 7 2002. Resolution No. PC2002-156, adopted in conjunction with Conditional Use Permit No. 2001=04466, contains the following conditions of approval: sr8653vn.doc .Page 1 Staff Report. to the Planning Commission `October 20,' 2003 'Item No. 4 i1 "1j. That sales, service and consumption of beer and wine shall be permitted only during the following hours: Sunday through Thursday: ' 10 a.m. to 10 p.m. Friday;ahd Saturday: 10 a:m. to 1 a.m:' 1 q That Condition No: 1-j, above-mentioned, shall expire one (1) year from the date of this resolution, on October 7 2003, after which. the hoursof operation shall return to i those originally approved, as follows: Sunday through Thursday: 11 a.m. to 10 p.m. Friday and Saturday: 11 a.m. to 12 midnight" DISCUSSION: (6) The petitioner, Virgilio Rodriguez, requests amendment to the hours of operatiori'for the restaurant to permit the restaurant to operate daily from 9 a:m. to 12 midnight. The following table compares the petitioner's currenf~equest with the previously approved and'. present Hours of operation: Hours_aY0 erataon<~F..<, Surtda ~ Moada x Tuesda %,,,. Wednesda T,hursda ; FfiBa : ,..; Saturda 'i Originally Approved ' 10 am- 10 am- 10 am- 10 am- ` 10 am- 10 am- 10 am- (Resolution No, 10 pm `, 10 pm 10 pm ' 10 pm 10 pm 1 am 1 am !PC2002-156) Hours Reverted to on 11 am- < 11 am- ' 11 am- -, 11 am-' 11 am- 11 am- 11 am- October 7,.2003 10 pm 10 pm 10 pm 10 pm ' 10 pm Midnight Midnight::. Requested Hours 9 am- : 9 am- 9 am- 9 am- 9 am- 9'am- 9 am- Midnight Midnight Midnight Midnight Midnight Midnight Midnight' Page 2 Staff Report o the Planning Commission October 20;:2003 Item No. 4 s ENVIRONMENTAL IMPACT ANALYSIS: (11) The Planning,Director's authorized representative has determined that the proposed project falls within the'definitionof 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: ': (12) Theproposed 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 performed, FINDINGS (13) Before the Commission grants any conditional use permit, it must make a finding of fact thafthe evidence presented shows3hat 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 aJ 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 antl 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, healtfi safety and general welfare of the citizens of the City of Anaheim, (14) Subsection 18:03.092 o{the Anaheim Municipal Code provides for the modification or 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; Page 4 Staff Report to the Planning:Commission Octotie~ 20, 2003 Jtem No: 4 3 (c) That the use for whichsuch approval was granted has ceased to exist or has .been suspended orinoperative fbr 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 whichShe approval was granted has been so exercised as to be detrimenta(to the public health'or safety, dr so as td constitute a nuisance;; (f) That the use for whichahe approval was granted has hot been exercised, and that based upon. additional informatidn 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 chapterno longer exist; and/dr (g) That any such modification, including the imposition of any additional conditions thereto, is reasonablynecessary to protecfthe public peace, health, safety or general welfare, or necessary to`permit reasonable operation under the conditional use permit as granted. RECOMMENDATION: (15) Staff recommends that, unless'additional or contrary information is received during the :meeting, and based;upon the evidence submitted to he Commission, including the :evidence presented'in this staff,report, and oral and written evidence presented at the .:public hearing, the Commission take the fdllowing actions: (a) By motion, determine that the project is categorically exempt under Section 15301, Class 1((Existing Facilities) of the CEQA Guidelines. (b) By ~esolutionjaoorove the request o amend Conditional Use Permit No. 2001- A4466 (TRACKING NO: CUP 2003-04769) pertaining to hours ofoperation fdr a previously-approved restaurant with sales of beer and wine for on-premises` consumption] inviting the hours of operation from 9 a.m'. to 12 midnight daily for a period of five (5) years to expire October 20, 2008, based on the following: (i) ; That both Zoning and Code Enforcement staff have inspected the premises and determined that the restaurant was, operating`in conformance wdh he existing+conditions'of approval of Resolution No.'PC2002-156. Further; there were np calls for service or police reports taken atYhis restaurant during the previous year, (ii) ! That the'use for which the approval was granted has been exercised so as to be detrimental to the public health or safety, or so as to constitute a nuisance; (iii) That such modification is necessary to permit the reasonable operationbf the restaurant. Page 5 Staff Report to the Planning Commission October 20,:2003 Item No. 4 ' (c) ; Staff further recommends the Commission incorporate the conditions'of approval contained in Resolution No.i PC2002-156 into a riew resolution with the "following! modified conditions of approval (condition nos. 1j; and 2 have been modified and 1 q. has been deleted): Restaurant With On-sale Beer and Wine: 1. That subject restaurant shall continuously adhere to the following conditions,; as required by the Police Department: a. That the establishment shall tie operated as a "Bona Fide Public Eating Place" as defined, by Section'23038 of the Califomla Business. and Professions Code. b. That there shall be no bar or lounge maintained on the property unless ' licensedby Alcoholic Beverage Control'and approved by the City of Anaheim:.: c. , That foodservice with a full meal shall be available from opening time until closing time, on each day of operation. d. That there shall be no pool tattles maintained upon he premises at any ':time. e. That the sales of beer and wine shall nofexceed 40% of the gross sales'of all retail sales during any three'(3) month?period. The applicant shall maintain records oma quarterly basis indicating the;aeparate amounts of sales ofbeer and Wine and other items. i These records shall lye made available;subject to audit and, when requested, inspection by`any City df Anaheimlofficial dining reasonable business hours.: f. :.That there shall be no live entertainment,'amplified music or dancing ;permitted: on the premises at any time without issuance of proper permits as `required by the Anaheim Municipal Code:: g. 'That the sales of beer and wine for consumption off the premises shall be 'prohibited, h. :That there shall be no exterior advertising of any kind or type, including ; advertising directedi o the exterior from within, promoting or indicating: the 'availability of alcohol beverages. i. :'That the activities occurring in conjunctioh with the operation of this establishment shall not cause:noise disturbance to surrounding properties. j. 'That the hours of operation for this facility shall be limited to: Daily: ` 9 a.m. to 12 midnight Page 6 Staff Report to the Plannirig Commission October 20, 2003 `` ::Item No.'4 Further, that this condition shall expire five (5) years from the date of this resolution, on October 20, 2008, after'which the hours of operation ; shall return to those originally approved, as follows: Sunday through Thursday: 9ra.m, to 10 p.m. Friday and Saturday: 9 a.m. to 92 midnight k. That the parking lot serving the premises shall be equipped with lighting of sufficient poweeio illuminate and make easilydiscernible the appearance and conduct ofiall persons on or about the parking lot. Said lighting shall be directed, positioned and shielded in such a manner so ashot to unreasonably illuminate the windowsof nearby: residences. I. That the business operator shall comply with Section 24200.5 of the: Business and Professions Code so as not to 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. m. Thafho vending machines shall be visible from' any public right-of-way. h. That all doors serving sutiject restaurant shall conform to he requirements of the Uniform Fire Code and shall tie kept closed and unlocked stall times during hours of operation'except for;ingress/egress, to permit deliveries and in cases of emergency. 'o. Tha{there shall be no public telephones on theproperty that are located outside the builtling and within the control of the applicant; Commercial Retail Center: 2. That landscape planters shall be maintained with live and healthy plant materials'in accordance with;City standards. 3. That no outdoor storage, display or sales of merchandise or fixtures shall be permitted; 4. That roof-mounted balloons or other inflated devices. shall not be permitted. 5. That no video, electronic or other amusement devices or games shall be' permittedanywhereon subjectproperty, ; 6. That no vending machines shall be permitted on the property which are visible from the public right-of-way. 7. That 4-foot high address numtiers shall be maintained on the roof in a `contrasting color to the roof material. The numbers shall notbe visible from the view of the street or adjacent properties.:' .,Page 7 Staff Report to the Plahning Commission October 20, 2003 Item No. 4 8. 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. 9. ! That no required parking;erea shall.be fenced or otherwise enclosed for outdoor storage use. ' 10. That the property shall be permanently maintained in art orderly fashion by providing regular landscape maintenance, removal of trash or deti~is, and removal of graffiti within twenty-four (24) hours from time of occurrence. 11. That the premises shall be maintained free of litter at all times. 12. ' That the number of tenant spaces shall be limited to five (5) units as reflected on the: site plan (Exhibit No. 1). 13. That signage for subject facility shall be limited to aII legal existing signage as of thedate of thisresolutiod; Any additional signage shaltbe subjecYto approval by the Planning Commission as a "Reports and Recommendations"item. 14. ' That the parking lot serving the premises shalt be equipped with lighting of sufficient power to illuminate and make easily,discernatile the appearance and conduct of all persons on or about the parking',jot. Said ighting shall be directed, positioned and!shielded in such a manner so as not to unreasonably illuminate the windows of nearby residences. ' 15. Thatthe subject property'shall be developed substantially in accordance with' plans and specifications submitted o the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Ezhitiit Nos, 1 2, and'3 as conditioned herein. 16. ' Tha€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 8 attachment - ITEt1 N0. 4 PETITIONER'S STATEMENT JUSTIFICATION FOR REINSTATEII~ENT Section 18.03.Og3 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: 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 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 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 tc 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 tc the property, including size, shape, topography, location or surroundings, which do not apply to other propertyunder 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 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 time 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. Has any physical aspect of the property for which this use permit or vadance been granted changed significantly since the Issuance of this use perpmit or variance? ^ YES j~(NO Explain: 7~ ,~~e.riCM ~Lr~Oacf /ra.r e/1~.,9G<l• - (over) CASE NO. CUP N0. Zu01 - 0 4 4 6 6 2. Have the land uses in the immediate vicinity changed since the Issuance of this use permit or variance? ^ YES ~.NO Explain: // / /~ G n G~( GC S l S ~A2~C / '~IEM 4 WL ~f ~~ Sn ..+-eQ, _ _. . 3. Has any aspect of the nature of the operation changed since the issuance of this use permit or variance? ^ YES ~NO Explain: ~G bP"'~--//`~", 1, at r.-c T ~lui.9 ~s~( 5;., ~ ! ~S':c~:nC G_ v a~ CU 4. Are the conditions of approval pertaining to the use permit or variance hein~g/complied withy ~ YES ^ NO Explain: ~tiC/'~lcn• ~+ad e~r~~/i'/i..p~:<e.L GU~/!y. 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: 206225JKDOC 12/97 Y V~ a\ U l7 ~ ~~ l X Nike of Pro rty Owner or Authorized Agent Please Print) nature f rope ner or Authodzed Agent Dale 2 CASE NO. ATTACHt9ENT -" I TEl1 N0. 4 RESOLUTION NO. PC2002-156 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING THE CONDITIONS OF APPROVAL OF RESOLUTION N0.2001-178 ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 2001-04466 WHEREAS, on December 17, 2001, the Anaheim City Planning Commission did, by its Resolution No. PC2001-178, grant Conditional Use Permit No. 2001-04466 to establish land use conformity - - with existing Zoning Code land use requirements for a commercial retail center, and to permit the sale of beer and wine for on-premises consumption in conjunction with an existing restaurant in that retail center; and WHEREAS, said Resolution No. PC2001-178 includes the following conditions of approval (Nos. 1-a through 1-p) which are specific to the 'restaurant with on-sale beer and wine'; and that the remaining Condition Nos. 2 through 18 pertain specifically to the 'commercial retail center': Restaurant with on-sale beer and wine 1. That subject restaurant shall continuously adhere to the following conditions, as required by the Police Department: ' a. 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. b. That there shall be no bar or lounge maintained on the property unless licensed by Alcoholic Beverage Control ("ABC") and approved by the City of Anaheim. c. That food service with a full meal shall be available from opening time until either 10:00 p.m: or closing time, whichever occurs first, on each day of operation. d. That there shall be no pool tables maintained upon the premises at any time. e. That the sale of beer and wine shall not exceed forty percent (40%) of the gross sales of all retail sales during any three (3) month period. The applicant shall maintain records on a quarterly basis indicating the separate amounts of sales of beer and wine and other items. These records shall be made available, subject to audit and, when requested, for inspection by any City of Anaheim official during reasonable business hours. f. That there shall be no live entertainment, amplified music or dancing permitted on the premises at any time without Issuance of proper permits as required by the Anaheim Municipal Code. - g. That the sale of beer and wine for consumption off the premises shall be prohibited. h. That there shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. i. That the activities occurring in conjunction with the operation of this establishment shall riot cause noise disturbance to surrounding properties. j. That sales, service and consumption of beer and wine shall be permitted only during the following hours: Sunday through Thursday: 11a:m.tol0p.m. -`NDITIONAL USE PERAAIT Friday and.Saturday: 11 a:m. to 12 midnight NO a_ _ ®~ ~-/~ Cri(~(P(P ~C~(°a~3-o y7C~~ . CR5484DM.doc -1- PC2002-156 k. That the parking lot serving the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Said lighting shall be directed, positioned and shielded in such a " manner so as not to unreasonably illuminate the windows of nearby residences. I. That the business operator shall comply with Section 24200.5 of the Business and Professions Code so as not to 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. m. That no vending machines shall be visible to any public right-of--way.. n. That all doors serving subject restaurant shall conform to the requirements of the Uniform Fire Code and shall be kept closed and unlocked at all times during hours of operation except for ingress/egress, to permit deliveries, and in cases of emergency. o. That there shall be no public telephones on the property which are located outside the building and within the control of the applicant. p. That the portion of this conditional use permit regarding the sale of beer and wine shall expire one (1) year from the date of this resolution unless a valid license has been issued by the California Department of Alcoholic Beverage Control ("ABC"). WHEREAS, this 0.4-acre property is developed with a commercial retail center having four tenants, including subject restaurant at 1751 West La Palma Avenue (EI Ray Del Morisco); that this center is part of a larger strip of commercial businesses located on the north side of La Palma Avenue between Onondaga Avenue and Euclid Street; that the property is zoned CL (Commercial, Limited}; and that the Land Use Element of the Anaheim General Plan designates the property for General Commercial land uses; and WHEREAS, under authority of Sections 18.03:091 and 18.03.092 of the Anaheim Municipal Code, the petitioner has requested that Condition No. 1 j (pertaining to the hours of operation for the. restaurant with sale of beer and wine for on-premises consumption) be amended to extend the hours to 2 a.m. (instead of until 10 p.m. on Sundays through Thursdays and 12 midnight on Fridays and Saturdays; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 7, 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 Cade, 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 Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code provide for the " modification of a conditional use permit for several reasons, including that modification (with the Imposition of additional conditions thereto) is reasonably necessary to protect the public peace, health, safety or general welfare, or necessary to permit reasonable operation of the approved use under the conditional use permit as originally granted; and that the proposal is to extend the hours of operation for the restaurant with the sale of beer and wine for on-premises consumption. 2. That Planning staff have inspected the premises and determined that the restaurant is operating in conformance with the existing conditions of approval; and that there were no calls for service or police reports taken at this restaurant during the last year. -2- PC2002-156 3. That the Planning Commission recently took action to extend the hours of operation for a nearby restaurant at 1750 West La Palma Avenue (EI Patio) to 11 p.m. on Sunday through Wednesday and to midnight on Thursday through Saturday; and that said action was based on the approved operating hours being appropriate for a restaurant which abuts a residential neighborhood rather than later closing hours which would resemble a nightclub or public dance hail 4. That the request is hereby approved in part (in order to protect the abutting residential neighborhoods and to be consistent with the operating hours recently approved for the EI Patio restaurant, as discussed in Finding fJo. 3, above, and which petition is still on appeal to City Council) to extend the hours during which beer and wine can be sold, served and consumed at the subject restaurant to 10 a,m. to 10 p.m. on Sunday through Thursday, and to 10 a,m. to 1 a.m. on Friday and Saturday. 5. That Condition No. 1-c is also amended to require that food service with a full meal be available from opening time until closing time on each day of the restaurant's operation; and that new Condition No. 1- q is added to specify that the hours during which beer and wine can be sold, served .and consumed as specified in amended Condition No. 1 ), shall expire in one year at which time the hours shall return to those originally approved. 6. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or his authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Class 1, as defined in the State of Califomia 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 the conditions of approval contained in Resolution No. PC2001-178, adopted in connection with Conditional Use Permit No. 2001-04466, in their entirety to read as follows: Restaurant with on-sale beer and wine That subject restaurant shall continuously adhere to the following conditions, as required by the Police Department: a. 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. b. That there shall be no bar or lounge maintained on the property unless licensed by Alcoholic Beverage Control and approved by the City of Anaheim. c. That food service with a full meal shall be available from opening time until closing time on each day of operation. d. That there shall be no pool tables maintained upon the premises at any time. e. That the sales of beer and wine shall not exceed forty percent (40%) of the gross sales of all retail sales during any three (3) month period. The applicant shall maintain records on a quarterly basis indicating the separate amounts of sales of beer and wine and other items. These records shall be made available, subject to audit and, when requested, inspection by any City of Anaheim official during reasonable business hours. f. That there shall be no live entertainment, amplified music or dancing permitted on the premises at any time without issuance of proper perrnits as required by the Anaheim Municipal Code. g. That the sale of beer and wine for consumption off the premises shall be prohibited. h. That there shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcohol beverages. -3- PC2002-156 That the activities occurring in conjunction with the operation of this establishment shall not cause noise disturbance to surrounding properties. -- - -- That sales, service and consumption of beer and wine shall be permitted only between the hours of: Sunday through Thursday 10 a.m. to 10 p.m. Friday and Saturday. 10 a.m. to 1 a.m. -- - - - k. That the parking lot serving the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Said lighting shall be directed., positioned and shielded in'such a manner so as not to unreasonably illuminate the windows of nearby residences. That the business operator shall comply with Section 24200.5 of the Business and Professions Code so as not to 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. m. That no vending machines shall be visible from any public right-of-way. n. That all doors serving subject restaurant shall conform to the requirements of the Uniform Fire Code and shall be kept closed and unlocked at all times during hours of operation except for ingresslegress, to permit deliveries and in cases of emergency. o. That there shall be no public telephones on the property that are located outside the building and within the control of the applicant. p. That the portion of this permit regarding the sales of alcohol shall expire one (1) year from the date of approval unless a valid license has been issued by the California Department of Alcoholic Beverage Control. q. That Condition No. 1-j, above-mentioned, shall expire one (1) year from the date of this resolution, on October 7, 2003, after which the hours of operation shall return to those originally approved, as follows: Sunday through Thursday: 11 a.m. to 10 p.m. Friday and Saturday: - 11 a.m. to 12 midnight Commercial Retail Center 2. That a landscape plan shall be submitted to the Zoning Division forreview and approval for refurbishment of landscaped areas. Said installation and refurbishment shall be completed within two (2) months of approval of said plans. 3. That no outdoor storage, display or sales of merchandise or fixtures shall be permitted. 4. That roof-mounted balloons or other inflated devices shall not be permitted. 5. That no video, electronic or other amusement devices or games shall be permitted anywhere on subject property. 6. That no vending machines shall be permitted on the property which are visible from the public right-of- way. -4- PC2002-756 7. That four (4) foot high street address numbers shall be displayed on the roof of the building in a contrasting color to the roof material. The numbers shall not be visible to the street or adjacent properties. Said information shall be specifically shown on plans submitted for review and approval by the Police Department, Community Services Division. 8. That any existing or proposed roof-mounted equipment shall be subject to the screening requirements of Anaheim Municipal Code Section 18.44.030.120 pertaining to the CL (Commercial, Limited) Zone. 9. That no required parking area shall be fenced or otherwise enclosed for outdoor storage use. 10. 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. 11. That the premises shall be maintainrf free of litter at all times. J 12. That the number of tenant spaces shall be limited to five (5) units as reflected on the approved site plan (Exhibit No. 1). 13. That signage for subject facility shall be limited to all legal existing signage as of the date of this resolution. Any additional signs shall be subject to approval by the Planning Commission as a "Reports and Recommendations" item. 14. 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. 15. 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, 2 and 3, as conditioned herein. 16. 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 October 7, 2002. " lOr(Plnel sio,ned hv,P~uLt3ost'a9ck1 " CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: gOrigjnal signed 6y Eleanor Fernande°aa SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) -5- PC2002-156 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 October 7, 2002, by the following vote of the members thereof: - . AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, ROMERO, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN W ITNESS WHEREOF, I have hereunto set my hand this day of - - , 2002. (Ori~innl of~ned by Ebanor Fernand) ' SECRETARY, ANAHEIM CITY PLANNING COMMISSION -6- PC2002-156 ITEM N0. 5 pp1 pB J~Z RR ~E tE DU CUP 36~~ .:_. ~pU 2 GU Pp"p Cp0.Gw1,11r `' f ~~C OG 2 \`+vO~~ ~V G C~ GG Y SENSE\M ~~ GplONi2 wA~~~ m \~ Conditional Use Permit No. 2003-04755 Subject Properly u Date: September 22, 2003 Scale: 1" = 200' Requested By: TAORMINA TRUST Q.S. No. 83 TO PERMIT AND RETAIN AROOF-MOUNTED TELECOMMUNICATIONS FACILITY ON AN EXISTING HISTORIC BUILDING AND ACCESSORY GROUND MOUNTED EQUIPMENT. 210 East Center Street -Kraemer Building sza O Vn,•- iM G ~Ov r2pU GEORGNPPRK in 1 $~ 1 ~5p0 MGt o RG\-8 mp58 SOU RS"g9:gb21 WP`'N G °o Staff Report to the Planning Commission Octobet20, 20035 Item No: 5 5a. CEQA CATEGORICAL EXEMPTION - CLASS`1 Sb: `CONDITIONAL USE PERMIT NO': 2003-04755' 1 (Motion for continuance) SITE LOCATION AND DESCRIPTION: {1) "This rectangularly-shaped 0.09-acre property is located at the northeast corner of Center Street and Claudina Street with frontages of 43 feet on the north side df Center Street and 93 feet dh the eastside of Claudina Street (201 East Center. Street-Kraemer Building). REQUEST: (2) ° The petitioner requests approval of a conditional use permit under the authority of Code Section 18.45.050.310 to permit a telecommunications facility on an existing historic building and accessory ground mounted'equipmeht. BACKGROUND;: (3) 'This property contains a historically significant building constructed in 1924. This 80-foot high, 9-story building consistsrof 32,000`square feet and is developed as a mixed-use project ihcluding office and retail uses on the first floor and residential uses above: This building! is located within the'Alpha Downtown Redevelopmept Project Area and the Anaheim Colony. Historic District. The Anaheim General Plan' Land Use>Element Map designates this properly for General Commercial land uses and further designates the surrountljng properties as follows: Low-Medium. Density Residential to the north (across a public alley}; Low-Medium Dehsity Residential to the east; Geheral Open Space to the c south (across Center Street)'and General Commercial to the west (across Claudina Street). (4) This item was continued from the September 22, 2003, Planning Commission meeting in order fog the petitioner to explore alternative locations and modified designs for the microwave dish antennas. Ryan Wells; he petitioner representing Neztel Communications, has submitted the'attached1etter dated October 9,.2003, requesting a second continuance of this matter to the December 1, 2003;;commissioh meeting: in order to finalize the alternative locationand modified design for a stealth installation of the proposed microwave dish antennas. RECOMMENDATION: (5) Staff recommends that the Commission, by motioh, continue this item td the December 1, 2003; Planning Commissiop meeting as Yequested by the petitioner. Sr8660vn Page 1 ATTACHMENT - ITEM N0. 5 r ~= _ ~:r October 9, 2003 Vanessa Norwood Anaheim City Hall 200 S. Anaheim Blvd. Anaheim, CA 92805 RE: Continuance of Nextel Communications' zoning application for the Modification of Wireless Facility Equipment located on rooftop of Kraemer Building, 201 E. Center St. Vanessa, Based on the response from the Anaheim Planning Department regazding the original proposal by Nextel, I am requesting a continuance for the application for modification of Nextel's site at 201 E. Center St. Although the original plan would most likely have resulted in recommendation of denial by the Recommendation Committee, two altematives were discussed that produced positive feedback from Planning. Because these alternatives need to be reseazched and more formally proposed, more time is needed. If possible, please schedule this case for December I, 2003. Sincerely, Ryan Wells Site Modification Specialist CONDITIONAL USE PERMIT No ~~3- ~~ ~.~5_ ITEt1 N0. 6 RS-HS-22,000 (PC)(SC) VACANT VACANT RS-A-03,000 (PC)(SC) 73-74-06 TRACT NO. 12887 VACANT SP 87-1 cltscl y ~p P5-50U Ff,GN ~~ RS-A-03,000 (PC)(SC) 4 46 ~ 0 - 73-7 OaSE RCL 70-71-33 Z O OE~N RS-5000 (PC)(SC) E CUP 1981 SS VACANT -1 pPe~ O RS-HS-2; C TRAC ~ RCL7 D RC AA/ y0 VF s RIM ° c ROgO ~ v 9 ~ RS-H )(SC) 6 VAR 3 93 ~ F ~/ ~ O VAR 3144 ,. ', , / 00l- O VACANT ~,~ GPNP ,/ ,v , , ~„ 180 ~ ~~,,1((1 \ c tscl ' R .N~O~ pAGN Y ~ z v g ~, s t r L 4¢ z RS-A-03,000 (PC)(SC) RS-HS-10;000 (PC)(SC) TRACT N0.8463 TRACT N0.8463 RCL 73-74-46 (1) RCL 98-99-5 ~ RCL 70-71-33 5) RCL 73-74-46 (1) VAR 2569 RCL 70-71-33 (5) CUP 2003-04693 PR (PC)(SC) CUP 2002-04507 RCL 73-74.34 CUP 4047 RCL 70-71.33 V-2569 ANAHEIM HILLS (RCL 97.98-12) GOLF COURSE (CUP 4001) VACANT ALL PROPERTIES ARE IN THE (SC) (SCENIC CORRIDOR OVER LAY) ZONE ~ Conditional Use Permit No. 2003-04693 Subject Property Date: September 22, 2003 Scale: 1" = 200' Requested By: HUNTER'S POINTE HOA Q.S, No. 204 TO PERMIT A TELECOMMUNICATION ANTENNA AND MICROWAVE DISH ON AN EXISTING ELECTRICAL TRANSMISSION TOWER AND ACCESSORY GROUND-MOUNTED EQUIPMENT WITH WAIVER OF MINIMUM FRONT YARD SETBACK. 6920 East Canyon Rim Road sz5 Staff Report to the Planning Commission ''October20, 2003 Item No. 6 6a. ` CEQA CATEGORICAL EXEMPTION -CLASS 1 -' 6b: WAIVER OF CODE REQUIREMENT 6c. ` CONDITIONAL USE PERMIT NO. 2003-04693 (Motion for continuance) SITE LOCATION AND bESCRIPTION: r (1) This irregularly-shaped 3.05-acre propertyhas a frontage of 545 feet on the south side of 'Canyon Rim Road, a maximum depth of 295 feet antl is located 180 feet west of the `centerline of Fairmont Boulevard (6920 East Canyon. Rim Road- AT & T W fireless), REQUEST: (2) The petitioner requests approval of a conditional use, permit under the authority of Code 'Section 1821.050:125 to permits telecommunications antenna and microwave disfi'on an existing electrical transmission tower and accessory ground-mounted equipment with 'waiver ofminimum front yard setback. BACKGROUND: (3) This property is developed with two lattice tower structures on a Southern California Edison easement with the remainder of the property consisting of vacant land. In' addition, there are two telecommunications facilities located on these lattice towers including two separate yground-mounted equipment shelters. The Anaheim General Plan Land Use Element Map ?designates this property far General Open: Space land uses and further designates the .'surrounding properties as follows: Open'space to the north (across Canyon Rim Road); Hillside Low DensityResidential to the east and west, and Golf Course and General Open Space to the south.:' (4) This matter was continued from the September 22, and October 6, 2003,: Planning r Commission meetings in order for the petitioner to relocate and redesign. the accessory ,ground-mounted telecommunications equipment sfielter. Maree Hoeger,7epresentative for the petitioner, AT&T Wireless, has submitted a letter dated October 9, 2003, requesting a four-week continuance to the tJovember;17, 2003,planning Commission: meeting in order ' to finalize revised plans. RECOMMENDATION: (5) Staff recommends that the Commission, by motion, continue this item to the November 17, 2003; Plaything Commission meeting as requested by the petitioner. Sr8655vh Page 1 ATTACHMENT - ITEM N0. b October 9, 2003 City of Anaheim Vanessa Norwood 200 S. Anaheim Blvd. Anaheim, CA 92880 Re: Conditional Use Permit No. 2003-04693 Vanessa: Please accept this as our understanding that the Verizon Wireless project located at 6920 Canyon Rim will be continued from the Planning Commission hearing on October 20, 2003 to the hearing on November 17, 2003. Thank you Maree Hoeger Global Telecom Resources Authorized Agent for AT&T W fireless (949)280-2531 CONDITIOfdAL USE PERMIT ~o ,~c/(J~r y o9'~ Item No. 7 RS-HS-22,000 RCL 72-73-51 (6) RCL 72-73-07 1 DU EACH ~~~\RCL ice' RS-HS-22,000 RCL 72-73-51 RCL 72-73-47 1 DU EACH . ~ \ Rs-HS-22,060 \ \ 7aas-1a t \ 74-75-13 \ :RCL 72-73-51 (22) I RCL 72-73-47 ;\ \ / 1 OU EACH 1 \~\ RS-HS-22,000 ` % t` \\ \ RCL 72-73-51 VAR 4279 \O~ \\`L 72-73-07 7 \ `~:NS CIRCLE ~ ,j,d'I ~C~G ~Z1 \ P- ~" RS-HS-22,000 RCL 72-73-51 (25) RCL 72-73-47 1 DU EACH RS-HS-22,000 '90~ tiL'C' RCL 72-73-51 (39) \! RCL 72-73-07 i~\ 1 DU `~ ,. ? >~ „~. RS-HS-22,600 RCL 72-73-51 (36) RCL 72-7347 VACANT VACANT RCL 72-73-07 V-4473 \ ADJ 0059 RS-HS-22,000 RCL 72-73-51 RCL 72-73-07 1 DU EACH RS+IS-22,000 RCL 72-73-51 RCL 72-73-47 VACANT ~~~` \ / RCL 72.73-51 ,1_~~/ RCL 72-73-07 VAR 4407 VACANT -- _Q_~_ ~-~ ~ - 1 ' VAR x407 RCL 72-73-51 _ RCL 72-73-51 ADJ 6059/\ RCL 72-7347 RCL 72-73-51 ~~, RCL 72-73-47 ~ _ . RCL 72-7347 ALL PROPERTIES ARE IN THE (SC) (SCENIC CORRIDOR OVERLAY) ZONE SP 87-i RCL 70-71-33 VAR 4017 OPEN SPACE Pn fn J Z ~ ~~N No \OG~' o Af N\ ~J I CN1~ ~n ~~ S N°o m n r N N N w N JCL ~r~ Variance Np. 2003-04574 (READVERTISED) Subject Property pate: October 20, 2003 Scale: 1" = 200' Requested By: NEELAM SHEWA Q.S. No. 202 REQUESTS WAIVERS OF: (A) REQUIRED IMPROVEMENT OF RIGHT-OF-WAY (B) MAXIMUM STRUCTURAL HEIGHT (C) MINIMUM FRONT YARD SETBACK (D) MINIMUM SIDE YARD SETBACK TO OONSTRUCT TWO SINGLE-FAMILY HOMES. Rs-HS-zz,ooo RCL 72-73-51 (29) RCL 72-73-47 1 DU ADJ 0009 iDU DRIVE Parcel 1:301 Penny Lane and Parcel 2: 345 Penny Lane 1025 Staff Report to the Planning Commission October 20, 2003 Item Noi 7 7a. CEQP, CATEGORICAL EXEMPTION =CLASS 3 7b.il `VARIANCE N0 2003-04574 (READVERTISED) (Motion for continuance) SITE LOCATION AND DESCRIPTION: (1) Parcel 1: This irregularly-shaped 0.53-acre property has a frontage of approximately 90 feet dh 'the southerly side of Penny Lane, a maximum depth of 246 feet, and is Idcated 70 feet southeast'of the ceriterline of Mohler Drive (301 Penny Lane).< (2) Parcel 2: This irregularly-shaped 0.78-acre property has a frontage of approximately 220 feet: gn the southerly side of Penny Lane, a maximum depth of 246 feet, ahd is located 160 feet `southeasfof the centedine of Mohler Drive (345 Penny Lane)..! REQUEST: (3) The petitioner requests to construct two single-family homes with waivers of the following: (a) SECTION N0. 18.04.080.020 Required imgrovement'of right-of-wav. 20-foot half-width improvements!required; 12-foot half-width improvements proposed.) (b) SECTION N0. 18.23.062.010 Maximum structural height. 25 feet permitted; 41 feet, 4 inches and 38 feet, 2 inches proposed.) (c) SECTION NQ.18.23.063:010 Minimum front vard setback. l?5 feet required; 10 feet proposed.) (d) SECTION NO.18.23.063:020 Minimum side vard setback. 10 feet required; 8 feet proposed:) BACKGROUND (4) At the request of the applicant, this item was continued from the September 8, and October 6, 2003, Planning Commission meetings to allow: the appticant time to modify the request to include a waiver of the required improvem®nt to the private street serving the two properties (Penny Lane). (5) Blash Momeny, representative of the property owner, Mohsen' Ghaneiam, has submitted a getter received October 15,2003, requesting a continuance tg an unspecified Planning Commissign meeting to allow time to prepare documentation associated with this request. Staff :'recommends that this item be oontinuetl tg the November 3,' 2003, meeting. RECOMMENDATION: (6) That the Commission, by motion, continue this item to the November 3, 2003, Planning Commission meeting. Sr5052jcdoc Page 1 ATTACHFIENT - ITEM N0. 7 Blash Momeny 19 Siros, Laguna Niguel, CA 92677 Ph.{949)922-9584 Fax: (949) 425-5001 October 15, 2003 VIA FACSIMILE John Ramirez City of Anaheim, Planning Department 200 S. Anaheim Blvd., Suite 162 Anaheim, CA 92805 RE: 301 ~ 345 Penny Lane Dear John; Hereby f would like to request the continuation of the planning commission meeting on the above properties. .D. :~." "' o~~ 2c~~ PLa~NiN~ 9~PaR3MEl~~ ITEE1 N0. 8 RS-72( 1 DU EA 1 ~- :iOL'-~ ORANGEWOOD AVENUE ~ CL RM-1200 I RCL 68-67-39 RCL 66-67-73. ADJ 0134 4 DU EACH y I ~ ~ ~ BLDGE ~ ~ --T RM-120( Z 1 ~ RCL 66-67~ OIU- oU 21 DU U ~ NW ~ a 2 ¢- o RM-1200 I ¢ v RCL 66-67-73 Z pl , 40U EACH U I CINDY LN Conditional Use Permit No. 2003-04771 Subject Property Date: October 20, 2003 Scale: 1" = 200' Requested By: HARRY ELMAN Q.S. No. 58 REQUEST TO ESTABLISH LAND USE CONFORMITY WITH EXISTING ZONING CODE LAND USE REQUIREMENTS FOR AN EXISTING COMMERCIAL RETAIL CENTER AND CONVENIENCE MARKET WITH SALES OF BEER AND WINE FOR OFF-PREMISES CONSUMPTION AND TO PERMIT A COIN-OPERATED LAUNDROMAT. 2090 South Euclid Street i a it Z sfiz .Staff Report to the 'Planning Commission !October 20, 2003 Item No. 8f Ba. ' CEQA CATEGORICAL EXEMPTION -CLASS 1 ' (Motion) 8b. `CONDITIONAL USE PERMITNO 2003-04771 (Resolution) r SITE LOCATION AND DESCRIPTION: (1) This irregularly-shaped 2.4-acre property is located at the northeast corner of Euclid Street and Orangewood Avenue with approximate frontages of 350 feet on the east side of Euclid Street and 302 feet on the northside of Orangewood Avenue (2054*-2090 South Euclid Street). * * Advertised'as 2090 Euclid Street ll REQUEST: (2) The petitioner requests to establish land use conformity with existing zoning code land use requirements for an existing commercial retail centerland convenience market with sales of .beer and wine for off-premises consumption and to permit acon-operated Laundromat under authority of Cdtle Sections 18.44.050.135, 18.44.050.370 and 18.44.050.360e BACKGROUND: i 1 (3) This property is developed with a 32,200 square foot commercial retail center with 22 tenant spaces and is zoned CL,(Commercial Limited). The Anaheim General Plan Land Use Element Map designates this property for General Commercial land uses and further designates the surrounding properties as;follows: General Commercial to the north; Low Density Residential to the east; Medium Density Residential to the south across Orangewood Avenue, and the City of Garden Grove'is located to the west across Euclid Street. PREVIOUS ZONING ACTIONS: (4) The following zoning'actions pertain to this property::. (a) Conditional Use Permit No. 4073 (to permit a 1,190 square foot massage facility) was approved by the Commission on November 23, 1998, and reinstated by the Commission on January 3, 2000. A second reinstatement was approved on January 1T, 2001, for a'period oY5 years to :expire on January 3,;2006. (b) Conditional Use Permit No. 3177 (to permit a commercial retail center addition with waiver of minimum numtier of parking spaces) was approved bythe Planning:. Commission on July 17, 1989. (c) Conditional Use Permit No. 2610 (to permit on-sale beerand wine in a proposed restaurant with waiver o€minimumhumber ofparking spaces: 234 spaces required; 133'spaces provided) was approved by the Planning Commission on AugusF20, 1984. Sr8661vh Page 1 Staff Report to the Planning',Commissibn Octaber20, 2003 Item No 8 Location Use Square. Footage s.f. '? Cotle-required Parking Ratio per 1,OOOsq..ft. of Gross 'Floor Area Parking Required'. 2054 S. Euclid Street: Donut Shop 1,600s.f. 5.5 i 8.8 2054 S. Euclid Street. Rosa's Cafe 1,485 s.f. 8.0 arkin waiver 11.9- :2054 S: Euclid Street :Pet Store 775 s,f. 5.5 ' 4.2 .:2060 S. Euclid Street: Martial Arts :'Studio 1,100 s.f. 5.5 °: 6.6 ..2054 S. Euclid Street .Martial Arts iStudio 825 s.f. 5.5 4.5' ':2054 S: Euclid Street Martial Arts :Studio 1,300 s.f. 5.5 " 7 1' 2054 S. Euclid Street Massage 1,100 s.f. 5.5 6.0 , 2054S. Euclid Street Tailor Shop 825 s.f. 5.5 4.5 :2054 5: Euclid Street .State Farm Insurance 1,050 s:f, 4 4.2 `2054 S. Euclid Street ..Physical Thera 1,100s.f. 6 6.6' :'2060 S.'Euclid Street Nail Salon 1,800's.f. 5.5 9.9 2060 S. Euclid Street Smoke Shop 1,000 s,f. 5.5 ? 5:5 <2060 S. Euclid Street ,Pizza Restaurant 1,000 s.f. 8 8s 2060 S. Euclid Street ..Upgrade Solution 1,600 s.f. 5.5 8.8 :2060 S. Euclid Street ::Noodle Com an 1,000 s.f. 5.5 5.5 x2060 S Euclid Street Nair Salon `: SOO s.f. 5.5 '' 4:4 2060 S. Euclid Street Dry;Cleaners' 2,700 s.f. 5.5 `14.8- .2060 S. Euclid Street .Circle K 2,500 s.f. 5.5 13.T- 2090* S. Euclid Street Proposed Laundromat.! 1,900 s.f, 5.5 10.4 2090* S. Euclid Street Chiropractor' s Office 1,220 s.f. ' 6.0 + 7c3 ?2090* S.,Euclid Street .Book Store 1,220s.f. 5.5 6.7 2090* S: Euclid Street :Video Store 4,300 s.f. 5.5 23.65'' :Total ':32,200 .187:6 * A parking waiver was granted for the construction of this commercial retail center addition. (9) Photographs indicate an approximate 14`square foot sign cabinet on the north elevation of "the proposed laundromat tenant space. `Code permits up to ten percenfof the building Page 3 Staff Report: to the Planning Commission ;, .October 20 2003 Item No. t3 eleuation of the tenant space to be used for wall signage for a maximum of 35 square feet. + In addition, there is an unpermitted wall sign'on the south building elevation`of 2090 South ' EuGid Streekadvertising Murph'sBooks. Ndbther signs were proposed in conjunction with< this request. (10) The petitioner has submitted a letter of operation indicating hours of operation from 7 a:m. to 10 p.m., 7 days a week with one attendant present during these flours. The letter also indicates that an alarm system and security cameras would be installedt ENVIRONMENTAL IMPACT ANALYSIS: (11) The Planning Director's authorized,representative has determined: that the proposed falls within the definition of Categb~ical Exemptions, Section 15301, Class 1l(Existin Structures), as defined in the State CEQA Guidelines and is, therefore, exempt from requirement of preparing additional environmental dodumentatiofi, GROWTH MANAGEMENT ELEMENT ANALYSIS: (12) The proposed. project has been reviewed by affected City departments to determine whether it conforms to the City's Growth Management'Element adopted by the City`( 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 Grdv ManagemenfElement analysis, therefore, no analysis has been performed. "EVALUATION: (13) The existing commercial retail center was constructed prior to the Code provision rep a Conditional Use Permit for a commercial retail centerwith three'br more tenants ar existing convenience market was established prior to the Code provision requiring a, Conditional Use Permit for convenience market with sales of beerand wine'for off-pr consumption. The Code provides that "while"a nonconforming use exists on:any lot, other use shall be permitted even though such other use would be a conforming use. petitioner is requesting to establish conformity with existing Zoning Code land use requirements for the commercial retail center'and convenience market and dbnsump beer' and wine and to permit a laundromat. Code permits acoin-operated (self-serve laundry in the CL Zone subject to the approval of a conditional use permit (14) Staff inspections and photographs indicate that the parking lot is in need of landscap refurbishment: Staff has included"conditions of approval requiring;that parking lot ` larrdscaping tie refurbished and that additional shrubbery be planted near the rear do the proposed laundromat adjacentto the existing back-flow equipment to better cone tfiis area. (15) The floor plah indicates an orderly design in that no machinery is located against the window to block visibility) The Commission may wish to note that go video games ar proposed witfi this request and staff has Included a condition of approval prohibiting video games. Staff is also concerned with the rear (south) entry door and recomme~ that this doorremain closed and used only for emergency purposes since it abuts Orangewood'Avenue. (16) Staff has observed that the adjacent tenant, Murph's Books has installed an unpermi wall sign on the rear (south) building elevation. Staff feels that signage on tfie south building elevation for the in-line tenants facing Orangewood Avenue would tie excess and therefore, tall has included a condition of approval. prohibiting signage for these Pt Bch is ed ve units. Staff Report to the 'Planning Commission October 20;:2003 Item No. 8 (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: (19) Staff recommends that; unless additional orbontrary ihformation is received during the meeting, and based upon the evidence submitted to the Commission, including the evidence presented in'this staff report, and oral and written evidence presented at the public hearing, the Commission: take the following actions: (a) By motion, determine thaCthe project is Categorically Exempt under Section 15301, Class] 1 (Existing Structures) of the CEQA Guidelines. (b) By resolution, a rove Conditional Use Permit No. 2003-04771 (to establish land use conformity with existing Zoning Code requirements far an existing commercial retail center and convenience market with sales of beer and wine for off-premises consumption and to permit acoin-operated laundromat) based on the following: (i) `That the proposed uses are properly those for which a conditional use permit is authorized by the Zoning Code; (ii) That the proposed uses as conditioned herein would not adversely affect the adjoining land uses: and the growth and'development of the'area in which they are currently located and proposed'to be located. (iii) :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. THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS r AN INTERDEPARTMENTACCOMMITTEE`AND ARE'RECOMMENDED FOR`ADOPTION BYTHE' PLANNING'COMMISSION'1N THE EVENT THISPERMIT IS APPROVED. Commercial Retail Center: 1. That the number of tenant spaces shall be limited to twenty-two (22) units. 2. That all existing and proposed public telephones shall'be located inside the building.:- 3. That no outdoor storage, display or sales of merchandise or fixtures shall be permitted. 4. That roof mounted balloons or other inflateddevices shall not be`permitted: 5. Tftat plans showing four (4) foot high address numbers on the roof in contrasting color to the roof material shalt tie submitted to the Police Department, Community Services Division for review and`approval. These numbers shall not be visible fromthe street or adjacent properties. 6. That no required parking area shall be fenced or otherwise enclosed for outdoor storage use. Page 6 Staff Report to the Planning`Commissibn October 20, 2003 Item No 8 7. That signage for subject facility shall be limited to all legal existing signage as of the date of 'ahis resolution. Theunpermitted wall sign located bh the south buildingelevation facing Orangewood Avenue shall be removed end no additional signage on this elevatior shall be ;'permitted.`. Any additional signage shall be subject to approval: by the Zoning Division. Any decision by staff maybe appealed to the Planning Commission as a Reports and Recommendations item. 8. That the property sftall be permanently maintained in an orderly fashion 6y providing regular landscape maintenance, removal'bf trash or debris, and removatof graffiti with twenty-four (24) from the time of occurrence. 9, r That all trash generated from this commercial retail'center shall be properly contained in `:trash bins contained within approved gash enclosures. The number of bins shall tie ` adequate'and the gash pick-up shall be as frequent as necessary to ensure the sanitary handling and timely;removal bf refuse from the property. The Code Ehforcemenf Division of thePlanning Department shall determine the need for additional bins'or additional pick- up. All costs for increasing tfie number of bins or frequency of pick-up shall be paid for by the business owner,: 10. That trash storage areas shallbe refurbished to theesatisfaction of the Public Works Department, Streetsand Sanitation Division to comply with approved plans on file with said Department including, but notlimited to; painting and installirtg trash enclosure gates per ':City standard and that trash bins shall tie stored inside trash enclosures 1 L That any existing or`proposed roof-mounted equipment shall fie subject to the screening :requirements of Anaheim Municipal Code Section No. 18.44'.030.120 pertaining to the CL >Zone. Said information shalt tie specifically shown on the plans submitted for Zoning and i Building;Division approval. 12. !That the parking lof landscapeplanters shall be refurbished arid maintained with live and healthy plant materials in accordance with City standards; and that additional shrubs shall be planted to the rear (south) of the launtlromat to screen the'utility equipment. 13. That the number of retail units shall be limited to 22 units. 14. :That roof-mounted balloons orbther inflated devices shall not be permitted on the property. 15. :That no outdoor vending machines visible to the public right-of-way shallbe permitted on the property. 16. That all existing and; proposed public telephones shall be located inside the building. 17. That there shall be no outdoor storage permitted on the premises. 18. :That no required parking area shall be fenced or otherwise enclosed for outdoor storage or other merchandise atorage or display. 19. .That four(4) foot high street address numbers shallbe displayed on the7oof of the building in a colorcontrasting to the roof material:: The numbers shalt not be visible to the view from the streets or adjacent properties. Said jnformation'shall be specificallyshown on'plans submitted for Police Department, Community Services Division approval; 20. ' I That all wall sign cabinets sfiall befitted with copy panels. Page 7 Staff Report to the Planning Commission October 20 2003 Item No. 8 21. That the property owner shall be required to implemen4'appropriate non-structural and structural Best Management Prabiices (BMPs). The BMPs shall be implemented and maintained to minimize the introduction of pollutants to he storm,water drainage system. Said information shall be submitted to the Public Works Department, Development Services Division for review and approval Convenience Market: 22. That no beer and wine shall be consumed on any property under the control of the "applicant. 23. That no alcoholic beverages except beer antl wine shall be sold on the premises of the subject convenience market. 24. That the area of beer or wine displays shall not exceed.twenty-five (25%) of the total display areainside the building. ; 25. That no display of beer br wine shall be located outside a building or within five (5) feet of any public entrance to a building. 26. That the sale of beer and wine shall be made to customers only when the customer is inside the building. 27. That no outdoor vending machines shall notbe permitted on the property. 28. That no storage or display of sale of any merchandise or fixtures shall be permitted outside the building. 29, That beer shall not be sold in packages containing less than a six'(6) pack, end that wine coolers shall not be sold in packages containing less than a four(4) pack. 30. That there shall be no video, electronic, pool table orcoin-operated games or other amusement tlevices maintained upon the premises at any time. 31. That the store operator'shall be responsible for maintaining a litter free area adjacent to he premises over which helshe has control. 32. That the parking lot of the premises shall be'maintained/equipped with decorative lighting of sufficient power to illuminate antl make easily discernable the;appearance and contluct of all persona on or about the parking lot. Lighting in the parking'area of the: premises'shall be directed,' positioned'and shielded in such<a manner o as not b unreasonably illuminate the window areas of nearby residences. 33. That at least one (1) sign to discourage driving a vehicle while under the influence of drugs or alcoholic beverages shall be prominently displayed.inside the convenience building: for every three (3) signs advertising tiger or wine; provided:, however;: that at least tow {2)`such signs to discourage driving a vehicle while under the influence dftlrugs or alcoholic beverages shall be prdminently displayed inside the building. 34. That all commercial deliveries shall occur to the rear (alley) of the convenience markef so as not to interfere with'circulatien and parking within the parking`lot. Page 8 :.Staff Report to the Planning Commissioh October 20, 2003 Item No. 8 Coin-Operated Laundry`. 35. That the laundromat facility shall be operated with at least one attendanYon-site during all hours of operation. 36. That the hours of operation shall be limited to 7 a.m:Yo 10 p.m daily, and that the rear door "facing Orahgewood Avenue shall remain closed at all times. Said door shall be used only for emergencies. 37. That the restroom facilities located within the laundromat shalt remain locked at all times and access provided to customers only by means ofa key provided by the laundromat 'attendant. 38. That signs hall be posted in a conspicubus place in both the parking lot area and within the laundromat notifying patrons that loitering, pariftandling, and/or the consumption of :`alcoholic 6everages'upon the premises isprohibited. 39. .That no window signs shall be permitted. s 40. That prior o operation of this business, a`valid business license shall be obtained from the City of Anaheim, Business License Division of the Finance Department. 41. :That the operator of this business shall be fully responsible for retaining all laundry carts '.within the building. 42. 'That wall signage shall be limited to the north elevation with a ign area of up to 35'square feet. No'wall signage shall be`permitted'on the south building'elevation. 43. That there shall be no video, electronic, pool table or coin-operated games or other:: amusemeht devices maintained upon the premisesat any time, 44. That subject property shall be developed'substantially in accordance with plans and r'specifications submitted to the City of Anaheim by the petitioner and which plans are on file `:with the Planning Departmenf marked Exhibit Nos. 1 and 2, and as conditioned herein 45. :That priofto the 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. 5, 7;10, 11,..12;15, 16,.19, 20,:21, 38, 40 and41, above-mentioned, shall be complied with. Extensions offurther time to complete said conditions may be granted in accordance with Section 18.03:090 of the Anaheim Municipal Code. 46. :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 nok include any action or findings as to 'compliance or approval of the'~equest regarding any other applicable ordinance, regulation r`or requirement. Page 9 I TEA1 tJO. 9 t. 1pU EgCH C.(. SIrvGLEFAAfILY pWELLINGS 9q 2i~ ti t pV EACH r pu ORANGETHORPE AVENUE EACN 100P PLACENTIA CRY LIMITS ArvAHEi M CITY LIMITS [~~ ATCHISON TOPEKA ANO SANTA FE RAILROAD ~'-~.. / 900 P 4 O PL m ~ S -1( 9 ) z m- OAS ~ RCL 76-79-26 ° o RCL 61-62{9 (6fi) CUP 2003 04773 ~ i ~ - CUP 3446 g w m m CUP 3231 ~ SP 9d-11p) CUP 2742 (J1 cuP azc SP Bd-1(OI CUP 2390 IWAHEIM LAKE (OCW0) NP11 <0 ANAHEIM LAKE CUP 2080 (pcWOl ADJ OOfi4 m (CUP 2263) ~1 (ARCADE PERMIT 1011) CALVARY ?i1 CHAPEL .fi9ld\~ yg94 4\~ by \b1 ' \~AA IP1 -^r`9Li11 ALL PROPERTIES ARE IN THE (SC) {SCENIC CORRIDOR OVERLAY) ZONE Conditional Use Permit No. 2003-04773 Subject Property Date: October 20, 2003 Scale: 1" = 200' Requested By: JERRY T. FIELDS Q.S. No. 143 REQUEST TO PERMIT AN ADULT DAY CARE, 3452 East Orangethorpe Avenue esa Staff Report to the Planning Commission October 20, 2003 "Item No. 9 9a.' CEQA CATERGORICAL EXEMPTION: CLASS 1 (Motion) 9b.' CONDITIONAL USE PERMIT NO.'2003-04773 (READVERTISED) (Resolution) '.`. SITE hOCATION AND DESCRIPTION€ (1) This irregularly-shaped 2.3-acre property has a frontage of 1,060 feet on the south side of Orangethorpe Avenue, a maximum deptft?of approximately 135 feet and's located i approximately 900 feet west of the centerline of Miller Street (3452 Eastbrangetlio~pe Avenue). REQUEST: (2) The petitioner requests approval of a conditional use permit under authority of Code Sections`18,03.030`.010, 18.1!:10.100'.0510 and 18.110.100.0516 to establish land use conformity with existing Zoning Code requirements for an existing legal nonconforming `commercial retail center andliquor store and to permit an adult health day care facility. BACKGROUND: (3) .This property is currently developed with a 27-unit commercial'retail building and is!zoned SP94-1' (DA5) (Noitfieast Area; SpecificPlan, Development Area 5 -Commercial Area). -This property is in the Alpha Northeast Redevelopment Project Area and'the Anaheim General Plan Land Use Element Map designates this property for General Commercial 'wand uses: The General Plan Land Use Element Map further designates the property to the :'south for Water Uses and properties to the north, east and west are not within the City, but are occupied by residential uses. PREVIOUS ZONING ACTIONS: (4) The following zoning actions pertain to this property:: (a) Administrative Adjustmeht No. 64 (to waive minimum number of parking spaces to establish a gourmet coffee shop) at 3474-A East Orangethorpe Avenue was approved by the Zoning Administrator on November 14, :1991. (b) Conditional Use Permit No. 3446 (to permit on-premises. sale and consumption of alcoholic beverages at a bar and grill restaurant with waiver of minimum number of parking spaces) was approved by the Planning Commission on August 26, 1991. (c) Conditional Use Permit No. 3231 (to permit a church with waiver of minimum number of parking spaces) at 3452 and 3454 East Orangethorpe Avenue was approved by the Commission on January 3, 1990. This permit is nd Ionoer active and sfiould be terminated. (d) Conditional Use Permit No. 2080 (to permit on-sale beer and wine`in a sandwich shop with waiver of minimum number of parking spaces at 3462. East Orangethorpe Avenue) was'approved by the Planning Commission on.May 19, .1980. PROPOSAL: (5) The petitioner requests approval to establish conformity for the existing commercial retail center and liquor store and topermit an adult day health care facility. ~Srt 129cw.doc Page 1 Staff Report to the Planning Commission`. :October 20 2003 Item No. 9 (6) The submitted site plan. (Exhibit No.1) indicates the proposed adult day care facility would occupy 6;429 square feet of an existing 36;095 square foot commercial retail center The site plan also indicates: an existing 10-foot wide landscaped area!adjacent to Orangethorpe Avenue planted with seven (7) trees. Code#equires one (1) tree for every20 feet of street frontage for a total of fifty-four (54) trees on'Orangetho~pe Avenue. (7) The submitted floor plan (Exhibit No. 2) indicates a 6,429 square foot adult day care facility inGuding an activity area, offices for a social worker, physical therapist, nurse, program director and'administration, storage/office room and restrooms. She floor plan further' shows two entrances for this tenant space along the north building elevations (adjacent to the parking lot along Orangethorpe Avenue). The floorplan also indicates a secure outdoor area (for smoking and"tlrop-off and pick-up area) adjacent to the`parking lot: An additional door along the same elevation provides access to the storage area. The applicant has indicated that all clients would arrive via bus or shuttle and be dropped off'at the front:` entrance. ~~ ~~~ ~ - „' "rte - ~' ~` t~ ~., ,, r. ~h..Jn, .t.l~ ,~;.' ,'~. a~.~,. v'„''~'~a fv NfeY'E'j• .' F.. t ~ .~ ; - ^f"~ r k "'' r". c, ~ -' ~. tQ d ~ c` i ~~!.'~ x ~'~g ~ £ ~ j s to t! ' $ ~ s ~r ,,' v "`~ ,".-,~,~.~i •'~~-r~`s f~?~a~,~r ~'"~~" .y.„r ~ ~~s`':,-~ y'r~lY ~' ~ -' Wes. i ~ rte s a '"-'~-'fir ~°>i,~~,.~`~~~ S ~~ / r ,., _ ~,r~~ ., ~~' ,, ~ ,= View of entrance and outdoor areafor proposed adult~day care.~~ (6) Vehicular access is provided to the property via two driveways from Orangethorpe Avenue. The proposed adult daycare would require a total of 22 parking spaces based on a ratio of 1 parking space per 10 clients and 1 space per employee (120 clients/10 = 12 spacesplus 1 space for each of the:10 employees) and a total of 180 spaces for the combined uses within the retail center based on'the following: Page 2 Staff Report to the Planning;Commissidn October20, 2003 Item No; 9 :Code- Required Required'. Business ? Square Parking Number Address Business Name :footage Ratio (per of 1,000 sq. fL of S aces P grossfloor area) 3440 Lakeside Liquor 2,359 5:5 13.0 3444 Honey Donut Shop 800 5:5 4.4 3446 Check Cashing ' 720 5:5 4.0 3448 Nail Salon 1,350 5i5 7.4 3452 1 space per C&K Adult Day 6 429 10 clients 22 Health Care and,1 per emptoyee* 3458 Barber Shop 800 55 4.4 Mexican Food ' 1306 5.5 7.2 .3462 Restaurant Curves Fitness for 2108 5:5 > 11.6 3472 Women .' 3474 Beauty Salon 3176 5;5 ' 17.5 3476 Lake Center Cleaners 1536 : 5;5 8.4 3478 Dance Studio 5000 55 ` 27.5 3482 Pharmacy; 1026 5:5 5.6 3484-A b&M Auto (Auto Broker') ; 280 4 1.1 Advance Auto 3484-B Enterprise ! 200 4 0.8 Auto Broker A&M 3484-C (quto Broker) 3484-D Auto Finder .(Auto Broker) 200 4 0.8 St PI Oi ItE 3484-F Executive House: Cleaning 200 4 0.8 3484-H Lenn~s Tailor 496 5.5 2.7 3486 Lcan Office 1100 4 ' 4.4 3488 Angel's Gift Shop; 120p 5.5 ! 6.6 3490 Insurance Office': 1200 4 4.8 3460,3480,.3484-A1,' 3484-E, 3484-T, 3492. Vacant 4,610 5.5 25.4 TOTAL 36,095 180 (9) The applicant has submitted a photograph of'an existing 5-foot by refaced for the proposed adult day.. care. The wail sign would read Monday-Frid ay 8 a.m. to 4 p.m:' The property manager+recently c anew shopp ing center identification sign along Orangethorpe AvE wall sign, the'applicant intends to advertise on the new'shopping; ~ _ ,~ z ~ ~ ~ 7;~'~~tP ~~. ~`~ ~ u /r~ Yp~ U G ~ ~ ~1 t " Y fi ~~ys~~ /j a ~ " ~:.~: 4aC c ti P ' "sv, r ox ~ Y y ~:€e~Fii ~ ~ ~ ~ ki, ~ -' G1Z'v 4e S _ ~ ~ F i ? . x ' Sf_"xy / 3 r ms. ~, ~,~ .r, w r-r-.^~ __ ~ ~ ~ ~ w ~ ~ s_, ,.~ ~ r ~ n~.w w.: View of new shopping center identification sign adjacent to Orar \venue. Page 4 i Staff Report to the 'Planning Commission i October20, 2003 `item No.`9 (10) The petitioner has submitted a letter of operation indicating the'day care would be open Monday tfir'ough Friday, 8 a.m through 4p.m. with'Gp to 8 employees. In'accordance with State of California Community Care Licensing requirements, the facility would care for relderly and mentally disabled adults 18 years of age and older.'!The IetteGfurther indicates the facilitywould provide day care for a maximum of 120 frail elderly and mentally disabled 'adults. Daytime activities wouldinclude occupational; speech and physical therapy,'arts 'and crafts; group outings, counseling, therapy, floorexercise, bingo and other related activities.'The day care would also provide both breakfast and lunch, catered from a nearby skilled nursing home (no meals would be prepared oh-site). The applicant has indicated the 'facility would be licensed by the State Department of Health. Finally, the Planning Commission should note thattne applicant currently operates an adult day care in,the City 'of Paramount. ENVIRONMENTAL IMPACT ANALYSIS: (11) The Planning Director's authorized representative has determined that the proposed project stalls within the definition of Categorical'EzemptionsSeaion 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: (12) The proposed project has been: reviewed by affected City departments to%determine whether it conforms tq the. City's Growth Management Element adopted by the City Council on March 17, 1992 Based on .City staff review of the proposetl 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. EVALUATION: (13) .The existing commercial retail center was constructed prior to the Code provision requiring 'a Conditional Use Permit for a commercial retail center witHthree or more tenants: and the existing liquor store was established prior o the Code provision requiring: a Conditional Use ; :Permit for iquor stores; therefore, the commercial retail center!and liquorstore are :nonconforming land uses. The bode provides that "while a nonconforming use exists on .any lot, no other use'shall be permitted even though;such ofhe~ use would be a conforming use': The'petitionecs requesting to establish conformity with existing Zoning Code'land use requirements for'the commercial retail center and liquor store. Adultpay Health Care is not a listed use in the Zoning; Code and therefore the Code specifies, °where a use is not 'authorized ormenfioned in any;zone throughout fhe'City or ambiguity exists, concerning the r appropriate classification and procedure for the auffiorization of a particular use or type of 'development within the meaning and intent of this code, said use or type: of development 'maybe authorized 6y condftional use permft until such time asithis code is amended in :accordance with provision ofthis chapterdesignafing the properzone orprocedure by which said use or type of development shall thereafter established. ° (14) The Commission has previously approved two Conditional Use Permits for Adult Day Health Care (Lincoln+Avenue and Western Street and Cerritos'Avenue and Anaheim 'Boulevard). Staff has verified that both facilities are operating uccessfully and, with the exception of one citizen complaint call for loitering, the Code Enforcement Division does not ' have anyrecord of domplaints for these businesses. (15) In a telephone conversation with the State Department of Health, Community Care:: Licensing Division,staff confirmed that an outdoor area is required toprovide a shaded Page 5 Staff Report o the Planning Commission October 20 2003 Item No. 9 seating areafor an Adult Day Health Care (ADHC) facility. 1•he property manager has proposed a wrought iron railing along the edge of the outdoor area to provide safety from vehicular traffic, as the patio is adjacent to the parking lot. The applicant has indicatedi that employees would supervise all outdoor activity and that the majority of the activity is confined within the building. To insure that the outdoor'area is adequately secured from vehicular traffic and architecturallycompatitile with the commercial retail center, staff recommends that plans for the outdoor area be submitted to the Zoning Division for review and approval:: (16) The Planning;Commission may wish to note that the property management company, Lidcoln Pacific Plaza, has submitted plans toremodel the facade of the entire shopping center. The fagade remodel plans have been ubmittetl to the Building Division for plan check and include newpaint, mission the roofs, tower elements, decorative banding and cornices, wall`mounted Jight fixtures and awriings. Staff inspections and photographs indicate the site will greatly benefit from the proposed renovation and has further recommended conditions of approval to bring the shopping center. and liquor store into: compliance with current code requirements, A typical condition of approval for land use conformity requests is to require site landscaping be refurbished and that trees be replanted to meet the minimum code requirement of one (1) tree for each 20 feet of sheet frontage. The property's 1,080 feet of frontage along O~angethorpe Avenue'would require the'property owner to plant forty-seven, 24-inch box size trees. Staff feels that the existing landscaping is well maintained and recommends that some additional trees be plantetl to fill ih the majority of the landscape etback, but not the number of trees that would be required for anewly-constructed center. v~ I s` , I n ~ ~ ~-t,; (&; ~, tfi t , s, tk ~£ ~ ~: ~. si" r e -~ ~~5 ~~ ~ ~~ ~, f ry4 k j '~.'r4 l~°~. Fes, s;:~ w..~ ~ - „F ,. ~ ~n ~t a ~ < `~ ,~ -~~,..~ %2' 'm, '~~' ~-~~ ~5 {£~u~ k f ~ ~~~`°~~z~~ , y. ~' . '° Q' x„,~-~/ ~~. ~mt.°"'x«.G°~r~` ~rav= rw~^z~.~~~ ~ ~.? `2w€~``'~`~Fk ~~,~wwvi~~. ~6 <. ,.. ~i€~~'s s'~';~~3i .:~v.,~s?~p5 s,.'e..x~s"`'~~r.c.-'.'c~'.,RS ~~, ~>~s~ r....., View of 10-foofwide landscaped setback adjacent to Orangethorpe Avenue. Page 6 'Staff Report to the Planning!Commissidn October 20, 2003 item No. 9 (17) As indicated earlier in this report, the property is located within the Project Alpha (Northeast Area) Redevelopment Project Area. The Community Development Department has' reviewed this request and concurs with the recommendation for approval` FINDINGS: (18) Before the Planning Commission grants any conditional use permit, it must make a finding of fact that the evidence presented shows. that all ofthe following conditions exist: (a) That the proposed use is properly one for which a conditional use;permit is authorized by the Zoning Code, orithat 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 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, acid generat,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 conditiona(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: (19) Staff recommends that, unlessadditional or contrary information is received during the 'meeting, and based'upon the evidence submitted to the Commission, including they 'evidence presented'in this stafF report, and oral andwritten evidence presented at the public hearing, the Commission take the following actions: (a) By motion, aoorove a CEQA Categorical Exemption, Class 1 (Existing Structures). (b) By resolution, aoorove ConditionaLUse Permit No. 2003-04773 (to establish land use conformity with'ezisting Zoning Code requirements for an existing commercial retail center and liquor store and to permit an adult day"health care facility) tiased on the: following: (i) That the proposed uses are properly ones for which a conditional use permit is authorized bythe Zoning,Code; (ii),' That the proposed uses as conditioned herein would not adversely affect the adjoining land uses and the growth and development of the area in which they would be located. (iii)' That the granting of the conditional use permit under the conditions imposed, : if any„will not be detrimental to thepeace, health, safety, and general welfare of the'citizens of the City of Anaheim. Page 7 Staff Report to the Planning Commission October 20;'2003 Item No. 9 THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS AN INTERDEPARTMENTAL COMMITTEE AND`ARE RECOMMENDED FOR ADOPTION BY THE PLANNING COMMISSION'IN THB EVENT;THIS PERMIT IS APPROVED. Adultbav Health Care; 1: That the hours of operation shall tie limited to 8 a.m. to 4 p.m., Monday through Friday. 2. That installation of a railing to secure the outdoor patio area from vehicular traffic shall` be constructed. '.Said railing shall be tlesigned to be architecturally cdmpatible with the colors and materials of the commercial?etall center. Said informationshall be specifically shown on plans submitted forZoning Division approval. 3. That a valid tiuslness license shall be obtained from the Business License Division of the City Planning. Department. 4. That the petitioner shall provide an on-site manager who will be responsible for responding to any concerns regarding the facility. The name and telephone'number offhe on-sitei manager shall be kept on file withthe Code Enforcement Division) 5: That the petitioner shall furnish a copy of thelicense, with any attached conditions, issued by,the State of California Social Services, Community Care Licensing Division, authorizing the'operation of the adult care facility for up3o 120 participants to'the Zoning Division of the Planning Department. Said conditions shallbecome conditions ofthis resolution. 6. That subject facility shall be limited to a maximum of 120 elderly and/or mentally disabled adults 18 years of age and older. Liquor Store• T. That no alcoholic beverages distributed from the liquor store shall'be consumed on the. property. 8. That no amusement devices or games shall be maintained upon the premises of the liquor store at anyitme. 9, That no public telephones, which are locatedoutside the building and within'the control of the applicant,'shall be maintained on the property. 10. That no window signs shall be permitted in connection with the liquor store. 11. That no advertising of beer or wine shall be located, placed or attached to any location outside the Interior of the building;jand that any such advertising shall not be visible to anyone outside the building. 12. That no beer and wine shall be consumed on any property under the control of the applicant. 13. That the parking lot of the premises shall be equipped with decorative lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons oh or about the parking' Ibt. Lighting in the parking area'of the premises shall be directed positioned and shielded in such a'manner so es not to unreasonably illuminate the window areas of nearby residences. Page 8 Staff Report to the TPlanning'Commission s October 20, 2003 Item Noi 9 14. .That the applicant shall be responsible for maintaining a litter free area adjacent to the "premises'dver whicfi'he/she has control 15, .That there shall be no video, electronic, pool table dr coin-operated games or other- 'amusement devices maintained upon the premisesat any time. 16. That no display of beer or wine shall be located outside a building or within five (5) feet of :'any public entrance to a building. < 17. That the sale of been and wine'shall be made to customers only when the customer is inside the`building. 18. :That no person under twenty-one (21) years of age shall sell dr be permitted to sell any i beer or wine. 19. :That any public telephones proposed on-site shall be located inside the liquor store; 20. That no storage, display or sale of any merchandise or fixtures shall be permitted outside `the building. 21. .That at least one (1 )'sign to discourage driving a vehicle while under the influence of drugs 'br alcoholic beverages shall be prominently displayed inside the buildingfor every three (3) isggns advertising beer or wine;: provided,: however, that at least two (2) such signs to :discourage driving a vehicle while under the influence of drugs: or alcoholic beverages shall be prominently displayed inside the building. Sold information shall be specifically hown "on the plans submitted for Police Department, Community Services Division approval. CommercialRetail Center: 22. :That the number of tenant spaces shall be limited to twenty-seven (27) units. 23. That roof-mounted tiailoons or other inflated devices shall not be permitted on the property. 24. .:That no outdoor vending machines shall be permitted on the property. 25. :That all existing and proposed public telephones shall be located inside the building. 26. That there shall be no outdoorstorage permitted ori'the premises. 27. That no required parking area shall be fenced or otherwise enclosed for outdoor storage or other merchandisestorage or tlisplay. 28. .That four {4) foot high street address numbers shalt be displayed on the roof of the building in a coloCcontrasting to the roof materiaC The numbers shall not be visible to the view from he streets or adjacent properties. Said information hall be specifically shown on plans submitted for Police Department, Community Services Division approvaG 29. 'That anyexisting orproposed ioof-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 shallbe specifically shpwn'on the plans submitted for Zoning and Building;Division approval. Page 9 Staff Report o the Planning Commission October 20 2003 Item No. 9 30. That the property shall be permanently maintained in an orderly fashion by the provision of regular landscaping maintenance,;removal of trash ordebris, and removal'of graffiti within twenty four (24) hours from time'of occurrence. 31. That all wall sign cabinets shall be fitted with copy panels. 32. That the property owner shall submit a letter requesting termination of Conditional Use Permit No. 3231 (to permik a church with waiver of miriimum number of parking spaces) to the Zoning Division. 33. That additional trees shall be planted in the existing 10=foot wide landscape planter adjacent to Orangetho~pe Avenue and that clinging vibes shall be planted adjacent to the two existing gash enclosures. Said information shall tie specifically shown'on plans '' submitted forZoning Division approval. Any decision by the Zoning Division may be i appealed to the Planning Commission as a Reports and Recommendation+item. $4. That trash storage areas shall be provided and maintained in a location acceptable to the Public Worksbepartment, Streets and Sanitation Division. 35. That an Emergency Listing Card (Form APD-281) shall be filed with the Police Department. 36. That the property owner shall be required to implement,appropriate non-structural and( structural Best Management Practices (BMPs). The BMPs shall tie implemented and maintained to minimize'the introduction of pollutants to he storm water drainage system. Said information shall tie submitted to the Public Works Department, Development Services Division for review and approval. 37, 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 ma~lced Exhibit Nos, 1 and 2, and as conditioned herein! 38, 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, 5, 7, 8, 9, 10, 11, 15,'16, 17, 19;.20, 21,.22, 23, 24,:25, 28, 29;31, 32, 33;:35 and'36 above-mentioned, shall: be complied with. Eztensions'fdr further time to complete said conditions may be granted in accordance with Section 18.03.09p of the Anaheim Municipal Cdtle. 39. That prior to commencement of the activity authorized by this resolution, or prior to final building and zoning inspections, whichever occurs first, Condition Nq. 38 above-mentioned, shall be complied with. 40. 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 o[ approval of the request regarding any other applicable ordinance, regulation or requirement. Page;10 ITEt1 N0. 10 RCL 70-71-id ~ CUP 3419 CUP ]253 CUP 200L0431B COP 3240 CUP 3514 CUP 2167 CUP 2905 VAR 4196 VAR 4271 CUP 1565 VAR 4192 OFFICE BLDG. VAR 3692 VAR 4156 -' --- GALAXY CINEMAS SHOPPING CNTR. MOVIE THEATER D.A.5 D.A. S (ARCADE PERMIT NQ. 1019 W) SP 94-1 RCL 70-71-15(1) CUP 3095 RCL 70-71-14 SP 94-1 CUP 2914 - CUP 2167 RCL 70-71-15(1) AMEIMHILLS VAR 4271 RCL]0-71-14 'ACTH PLAZA OFFICE BLDG. CUP 2167 VAR 4271 OFFICE SLOG. sP s'.1 R ~ s 4 ~ S ~ " I^ LL ' O I I ILL L}(~ MLI vaii]ii~s Vylg4ks I -sz6' LA PALMA AVENUE I 566' 94-1 -71-47 (4i SP 94-1 0-71-06 CEROMEi INC sP 41-1 I qtt . 2729 CENTER JCAL RCL 0¢"es-o) RCL 65E6-1) RCL fi5"b6.25 D) I q~q pA5 CUP 1002-0¢b¢4 CUP ])11 I cu •A2 " CUP 3985 y.386] IN¢J-WT PCN 96"0¢ } Va yA ~ 9.SlMINI MKi Q BP 94-1. SP 914 BCAR WASH -T-0UP 2003.04765 rc RCL]6-n-1b z ' T-0UP 2001 04375 65-eF25 ~ y SP 94-1 RCVO-74-15 1 ) ~ IRes o(IMeN IO ML) cuP mot-04465 o ~ RCL 70-71-15(1) RCL 70-7144 ~ ¢ RCVO.71-14 CUP 4094 CUP 20024W6¢¢ T{UP 2002-04609 = Z _ LL CUP 3860 T{UP 2000-04219 -6 Q CUP 2709 f FAMILY TREE CUP 2022 CUP ¢n6 CuP ]2]4 CUP ]2]3 ~ w PRODUCE CUP 1903 CUP nZR LU 7 (4) CUP 1747 CUP 1721 a- d6 !INDUSTRIAL PARK: VAR ¢1b7 ~ 1 ,SMALL INDUSTRIAL' !: FIRMS=, VAA 4252 VPA 386] 9 ANPNEIM HILLS VILLAGE SP 94-1 SHOPPING CENTER RCL 70-71-15 (i ) O.A 5 RCL70.71-14 4 SF SPADE Ad];000 OPEN 615 ( ) -d7 4 6 65.6 Rzzd lnleM lP1ML1 ( PARKING LOT 128 RLLS SpA~E PEN iLL O ANA RIVER SANTA ALL PROPERTIES ARE IN THE (SC) (SCENIC CORRIDOR OVERLAY) ZONE Conditional Use Permit No. 4094 Subject Property TRACKING NO. CUP2003-04765 Date: October 20 , 2003 Scale: Graphic Requested By: FROME INVESTMENTS Q.S. No. 178 REQUEST REINSTATEMENT OF THIS PERMIT BY THE MODIFICATION OR DELETION OF A CO NDITION OF APPROVAL PERTAINING TO A TIME LIMITATION (APPROVE D ON FEBRUARY 17, 1999 TO EXPIRE FEBRUARY 17, 2004) TO RETAIN AND RELOCATE APREVIOUSLY-APPROVED THEAT ER TO ANOTHER UNIT WITHIN AN INDUSTRIAL COMPLEX. 5552 [formerly 5576] East La Palma Avenue ses Staff Report to the Planning Commission October 20, 2003 Item No. 10 10a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) (Motion) 10b? CONDITIONAL USE PERMIT NO::4094 (Resolution) (('RACKING N0. CUP2003-04765) SITE LOCATION'ANDDESCRIPTION: (1) This rectangularly-shaped 8.8 acre property has a frontage of 520 feet onthe south side of La Palma Avenue, a maximum depth of 780 feet andlis located 565 feet west of the centerline of Imperial. Highway (5552 [currently 5576); East La Palma Avenue -The Chance Theater). REQUEST: (2) The petitioner requests reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on Februaryl7, 1999 to expire February 17, 2004) to retain and relocate apreviously-approved theater to another unit within'an industrial complex under the authority of Code Section No. 15.03.093. BACKGROUND:' (3) This property is developed with amulti-building industrial complex and is zoned SP94-1, DA i 5 (SC) (Northeast Area Specific Plan, DevelopmenYArea 5 -Commercial; Scenic Corridor :Overlay) and is located within the Project Alpha (Northeast) Redevelopment Area. The Land Use Element Map of he Anaheim General Plan designates thisproperty for General 'Commercial land uses and surrounding properties as follows: General Commercial to the north (across La Palma Avenue) east and west, and water uses to the south. (4) Conditional Use Permit No. 4094 (to permit a live performance theater for original dramas, plays and comedies) was approved by the`Planning Commission on February 17, 1999, for a period of five years: Resolution No. PC99-29 adopted in conjunction with this conditional use permit contains the following condition of approval: "1. That subject use permit shall expire five (5) years from the date of this resolution, on February 17, 2004." DISCUSSION: : (5) Oanh Nguyen, representing the heater, has submitted a request for reinstatement of this permit, to relocate the theater to another tenant space within the industrial complex and to :'delete the condition of approval',(Condition No. 1 of Resolution No, PC99-29) pertaining to a time limitation. Sr3046ey Page 1 Staff Report to the Planning Commission October 20, 2003 Item No 10 area, with dimensions of 32 feet by 65 feet, would have a total of fifty seats, in conformance with the original approval. (8) At the time that this:use was originally approved, the propertyconformed to Code ' requirements for parking. Including the'. theater use, a total of248 parking spaceswere required and 308 spaces were existing. pue to the fact that parking requirement for a theater use is based on the number of patrons and'employees, the required number of parking spaces has not increased. Further, in the past five years, no changes to the other uses on the property have occurred thatwould increase the parking requirement for this industrial?complex. (9) The submitted letter of request indicatesthe many reasons for relocating to the new Iocatian.,The theater is in need of a larger stage,'dressing rooms and lobby for patrons to wait during inclement weather: Further; he proposed location In the front of the industrial complex would enable their patrons to find them more easily. (10) - According to the petitioner, signage for the new location would be limited to the same signage existing aftheir current location;: This consists of a 5'square foot wall sign: with the text "Thee Chance Theater" and a 16 square foot sign with a theatrical logo. The combined I sign area equals approximately 5 percent of the building elevation area o which the signs would be attached; while Code allows a'maximumiof 10 percent. (11) ` In order to demonstrate that the findingsrequired for the reinstatement of this usehave been satisfied, thepetitioner has submitted the attached Justification for Reinstatement which indicates that no aspect of the nature of the,operation has changed since the last approval; that the physical property has'~emained the same, and that all conditions of approvakpertaining to the permit have been complied with. (12) The Code Enforcement pivision has submitted a memorandum dated October 6, 2003, ` regarding the current status of the property. The memo indicates that no violations were observed and the property was in compliance with conditions'of approval. Since approval of this usepermit, Cotle Enforcement staff has not received any complaints pertaining to this r business. (13)' The Commission may wish to note that there have been no changes to the SP94-1, DA5 ` Zone standards or any otherchanges to the Anaheim Municipal Code that would iwalidate the findings that were the basis for the previous approval of this conditional use permit. (14) The theater at the existing location has not resulted in any violations within the five: years that they fiave been operating. Staff does not have concemswith the relocation to the new tenant suite since it would not!impact other industrial uses oh the property. Staff recommends a~pprdval of thisfeinstatement, the relocation df he theater to another tenant space within the complex and the deletion of the time limitation. ENVIRONMENTAL IMPACT ANALYSIS: (15)' Staff has reviewed he proposal to reinstate and relocate an existing theater and finds no significant adverse environmental impacts resulting from the: existing activity on this ', property: Therefore, staff recdmmends hat the previously-approved Negative Declaration in conjunction with Conditional Use Permit No, 4094 serve as documentation for this request upon a finding by the Commissidn that the Negativebeclaratidn reflects the Page 3 Staff Report to the Planning Commission October 20; 2003 .'Item No.`10 independentjudgment'of the leatl agency and that it has considered the Negative Declaration together with any comments received during the public review pfocess and further finding on the basis of the+Initial Study (a copy: of which is!available for review in the Planning Department)(and any comments7eceived'that there is `no substantial evidence that the project will have a ignificant effect on the environment. GROWTH MANAGEMENTELEMENTANALYSIS: (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 Elementanalysis, therefore, no analysisi has been performeds FINDINGS: (17j 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 i by the Zoning Code, or thatsaid 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 for he 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 he 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. (18) Subsection 16.03.093.040 of the Zoning Code requires hat before the Commission grants reinstatement of the approval byextension, modification or deletion, the applicant must present evidence to establish the following"findings: (a) The facts necessary to support each and every required showing for the issuance of such entitlement as set forth in this chapter 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; (c) Said permit is being exercised in a manner not detrimental to the particular area and surrounding land'uses, nor o the public peace, fiealth, safety and general welfare; and Page 4 Staff Report to the Planning Commission October 20, 2003 Item No; 10 (d) With regard only to any deletion of a time limitation, such deletion is necessary to permit reasonable operation under he permitas grantetl. RECOMMENDATION: (19) .'Planning Department staff recommends that unless'additional or contrary information is received;duringthe hearing, and based upon the evidence submitted to the Commission, including'the evidence presented in this'staff report`and oral and written'evidence r presented at the putilic hearing that the Commission take the following actions: (a) By motion, determine that the previously-approved CEQA Negative Declaration is adequate to serve as the appropriate environmental documentation for this: request. (b) By'resolution; approve this request for reinstatement in order to retain and relocate a previously-approved theater to another tenant space within the industrial complex and deletion of the timedimitation based on the following: (i); That this permit has been sutistantiallq operated in the same manner as originally approved. by the Commission. Code Enforcement Division has inspected the premises and'has determined that the business is currently in compliance with all applicable conditions of approval. (ii) That the proposed relocation within the industrial complex and increase in floor area fo[ he theater would not be in conflict with. the original basis upor which the permit was approved. (iii) That the permit is currently tieing exercised in a manner notdetrimental to the particular area and surrounding land uses, (iv) That there have been no changes to the applicable zone standards that would invalidate the findings that were the basis for the original approval of this permit, (c) Staff further recommends that the Commission, amend Resolution No. PC99-29 in its entirety, to be replaced with anew resolution whicfiihcludes the following. conditions of approve) tiased on tfie finding;that the modification: is necessary to permit the reasonable: operation of this theater: 1:' That the pertormances shall be limited to theatrical dramas, comedies and plays; and thet activities at this business shall' not trigger a requirement fora sex- . oriented business permit, asset forth in Chapter 18.89 of the'Anaheim Municipal Code. -' 2:` That the maximum number of patrons and seats sFiall be limited to fifty (50). 3. That the operation of this business shall be limited to 7 p.m. to midnight, Monday through Thursday for rehearsals, with"performances limited to 6 p.m. to 2 a.m. on Friday and Saturday and no later than 11 p.m. on Sunday. 4: That no alcoholic beveragesshall be sold or consumed on the premises: Page 5 Staff Report to the Planhing Commission October20, 2003 <ltem No.`1Q 5. That due to change in use and/or occupancy of the building, plans shall be' submitted to the Building Division showing' compliance with the'minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Mechanical and Fire: Codes as adopted by he Ciry of Anaheim:` The appropriate permits. shall be obtained for any necessary work. 6. .That the properly shall be permanently maintained in'an orderly fashion by providing'regulartandscape maintenance;:: removal'of trash ordebris and removal of graffiti within twenty-four (24)' hours from time of occurrence. 7. That signage for this property shall comply with all signing requirements of'the SP94-1, DA 5 (SC) Zone unless a variance allowing sign waivers is approved by the Zoning Administrator, Planning Commission br City Council: 8. :That any roof-mounted equipment shall be subject to'Anaheim Municipal Code :Section 18.64.062.032 pertaining to the Scenic Corridor Oveday Zone. 9. That subject property. shall be developed substantially in accordance with plans and specifications submitted tb the City bfAnaheim,tiy the petitioner and which ( plans are on file with' he Planning Department marked Revision No. 1 of Exhibit Nos. 1 antl 2, 10. That prior to issuance of a building permit dr within a period of one (1) year from he date bf this resolution, whichever occurs first, Condition Nos:. S, above "mentioned, shall be complied with. 1 L That prior to final building and zoning inspections, Condition No: 9, above- i mentioned, shall be'complied with. 12. That apprdval 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 actionor findings as to compliance or'approval of the request regarding any iother applicable ordinance, regulation or requirement: Page 6 ATTACHMENT - ITEM N0. 10 MEMORANDUM CITY OF ANAHEIM Code Enforcement Division DATE: October 6, 2003 T0: Elaine Yambao, Assistant Planner FROM: Mazk Ilagan, Code Enforcement Officer SUBJECT: Resolution No. PC99-29 On October 3, 2003, I conducted an inspection at the property known as 5576 E. La Palma Ave. and observed that all conditions of, Resolution No PC99-29 are being met and there aze no current Anaheim Municipal Code violations on the property. A check of Code Enforcement records revealed there were no prior violations regazding the above listed property. If you have any further questions please feel free to contact me at ext. 4477. Oct 06 03 12:24a 10-03-2003 10:4Aam Fram- ON 7147773027 P.1 ATTACHMENT - ITEM N0. 10 T-760 F.002/003 F-7AE PETITIONER'S STATEPAt;NT JUSTIFICl~TIOIN FQR REIhISTAT~NI~NT u Section 18.03.093 of the Anaheim Municipal Cotle requires that before arty conditional use permit or variance containing a time limitation can be feinstafad foran additional pedod of time, or before such time Gmftatlon maybe deleted or modified by the Planning Commission or Zoning Administrator, the fallowing must be shown: i. The facts necessary to support each and every required showing for the Issuance of such entitlement as set forth in the following excerpts Irom the Anaheim Zoning Code still exile 18.03.030 (2elativo to Conditional Use Permits) Before the Cily Council or Planning Commission may grant any request far a wnditional use permit, it must make a finding of fact, by resoWtion, that the evidence presenietl shows that all of the (ollow(ng exist .031 Thal the proposed use Es propedy one for which a cand"dional use permit is authorized by Phis wde, or is not listed herein as being a permitted use: .032 That the proposed use wtit,not adversary affect the adjoining land uses and the growth and tlevalopmenFof the area in whlGt it fs proposed to be located; .033 That the size and shape of the site proposed for the use is adequate to allow the fu11 development of the proposed use in a manner not deMmantal io the particular area nor to the peace, health, safety and general welfare; .034 That the traffic generatetl by the proposed use will not impose an undue burden upon the streets and highways designed and improved to cony the traffic in the area: .035 That the grenting of the enndldanal use permit under the conditions imposed, if any, wits not be derimental to the peace. health, safety and general welfare of the cl8zens of the City of Anaheim; 18.03.040 (Rolativeto Variances) Before any variance may he granted by thePlanning Commission it shall he shown: ,031 That there are specal circumstances applicable to the property, including s¢e, shape, topography, kcation or surtoundings, which do not appry to other property under Identical zoning ciass(fica4on In the viciMty, .032 That, because of special circumstances shown in .031, strict application of the zoning code deprives the property of privleges enjoyed by other property under ldentlcal zoning classification in the vicinity. 2 Said permit ar variancs is being exercised substantially fn the same manner and in wnformance with all conditions and supula0ons originally approved by the approval body: 3. Sold permit or variance is being exercised to a manner not detrimental to the particular area and surrounding land uses, norto the public peace, health, safety and general welfare; and 4. W4Ut regard only m any deledan of a dme limitation, such deletion is necessary to permit reasonable operation under the permit or variance as granted. in order to tletennine if such findings exist, and to assist the Zoning Administrator or Planning Commission Zo anlve at a decision, pleaso answer the following questions fully and as mmptete as possible. Attach additlonal heats 'd additinnai s ce fa,.g- s needed. Has any physical aspect of ttte property for which this u e permit or variance been granted changed signifipndy since the issuance of Otis use permit or variance? l7 YES~/NO i3rpla(n: ~~ /~~~ l ~~~ S ~ (~{ r~ ` f~ ~ ~7~/fit l'Gl/1 ~~ ~ n ~~ (over) CASE NO. ~~9~ Oct o6 03 12:26a on ID-D3-2003 10:49am Frnm- 7147773927 T-T60 p.003/OD3 F-T94 p. 1 2. Have She land uses In the immediate virJniry changed since the Issuance of this use permit or varianee7 D YES ~ -NCO ,g g Exptaln: I S'~~ ~ ~~1[~ !) ~P (~ ST~~~ '~ a~tYYlc~'(`l~,c.r 1l~?~il (~r~i C,l,~ 3. Has an ^ YES Explain: of the naWre of the operation changed since the issuance of this use permit ar variance? 4. Are the conditions of approval Explain: -~. ,t 5. It you are rer ar variance2 to the use being compiled with? ~ YES Q atthe time Gmitr_lion, is this deletipn necessary forthe continued operation of this use C1AliiH X A]<rU Y~.tJ Name of Property Owner or Aurhwizad Agent (Please Print) ~~ ' aturo P narwAUllrortxad Agent Dale 206tT5MCOOC tear CASE NO. T p9~y 2 ATTACHMENT - ITEM N0. 10 RESOLUTION NO. PC99-29 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4094 BE GRANTED FOR FIVE (5) YEARS WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 4094 for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THOSE PORTIONS OF LOTS 1, 6 AND 7 OF TRACT NO. 925, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 29, PAGES 42 TO 44 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, AND THAT PORTION OF THE THIRD CLASS LAND ALLOTTED TO R.G. DE LA RIVA IN THE HE FINAL DECREE OF PARTITION OF THE RANCHO CANNON DE SANTA ANA, CASE NO. 1978 OF THE 17TH JUDICIAL DISTRICT, RECORDED FEBRUARY 8, 1874 IN BOOK 28, PAGE 158 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 1, AS SHOWN ON A MAP FILED IN BOOK 49, PAGE 6 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM THAT PORTION THEREOF INCLUDED WITHIN THE LAND DESCRIBED IN DEED TO ORANGE COUNTY FLOOD CONTROL DISTRICT, A BODY CORPORATE AND POLITIC, RECORDED JULY 15, 1976 IN BOOK 11612, PAGE 330 OF OFFICIAL RECORDS. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 17, 1999 at 1:30 p.m., notice of said public hearing .having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permitis authorized by Anaheim Municipal Code Section 18,110.100.050.0524 to permit a live performance theater for original dramas, plays and comedies. 2. That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code in Development Area 5 "Commercial Area" of Specific Plan No. 94-1 "Northeast Area Specific Plan:' 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 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. CR3562PK.DOC -1- PC99-29 5. That the traffic generated by the proposed vse will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 6. That the granting of this conditional use permit, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 7. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. 8. That no one indicated their opposition to the proposal at the public hearing, and that no written correspondence in opposition was received. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to permit a live performance theater (original dramas, plays and comedies) on arectangularly-shaped 8.78-acre property having a frontage of 520 feet on the south side of La Palma Avenue, a maximum depth of 780 feet and being located 585 feet west of the centerline of Imperial Highway (5576 East La Palma Avenue); and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit for a period of (5) five years, 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 subject use permit shall expire five (5) years from the date of this resolution, on February 17, 2004. 2. That the pertormances shall be limited to theatrical dramas, comedies and plays; and that activities at this business shall not trigger a requirement for asex-oriented business permit, as set forth in Chapter 18.89 of the Anaheim Municipal Code 3. That the maximum number of patrons and seats shall be limited to fifty (50). 4. That the operations of this business shall be limited to those described in the petitioner's letter of operation and in the Staff Report to the Planning Commission dated February 17, 1999, Item No. 6. That the hours of operation shall be limited ~to 7 p.m. to 12 a.m., Monday through Thursday for rehearsals, with pertormances limited to Friday and Saturday evenings 6 p.m. to 2 a.m. and Sundays ending no later than 11 p.m. 5. That proposed Condition No. 5 was deleted at the Planning Commission public hearing. 6. That proposed Condition No. 6 was deleted at the Planning Commission public hearing. 7. That proposed Condition No. 7 was deleted at the Planning Commission public hearing. 8. That no alcoholic beverages shall be sold or consumed on the premises. 9. That the parking lot serving the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate adjacent properties. -2- PC99-29 10. That due to the change in use and/or occupancy of the building., plans shall be submitted to the Building Division showing compliance with the minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Mechanical and Fire Codes as adopted by the City of Anaheim. The appropriate permits shall be obtained for any necessary work. 11. 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. 12. That signage for subject facility shall be limited to that which is shown on the exhibits submitted by the petitioner and approved by the Planning Commission. Any additional signs shall be subject to approval by the Planning Commission as a "Reports and Recommendations" item. 13. That the proposal shall comply with all signing requirements of the :Development Area 5 of Specific Plan No. 94-1 "Northeast Area Specific Plan ° unless a variance allowing sign waivers is approved by the Planning Commission or City Council. 14. That any roof-mounted equipment shall be subject to Anaheim Municipal Code Section 18.84.062.032 pertaining to the "SC" Scenic Corridor Overlay Zone. Such information shall be specifically shown on the plans submitted for building permits.. 15. That prior to commencing operation of this business, a valid business license shall be obtained from the City of Anaheim Business License Division of the Finance Department. 16. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein. 17. That prior to final building and zoning inspections, Condition Nos. 9, 15 and 16, above-mentioned, shall be complied with. 18. That 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. 10 and 14, 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. BE IT FURTHER RESOLVED that the applicanfshall meet with the Sanitation Manager of the Streets and Sanitation Division to negotiate the trash and solid waste storage and the on-site trash truck tum-around area. 8E IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. -3- PC99-29 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of j February 17, 1999. _ __ (Original signed by Stephen W. Bristol) CHALRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: (Original signed by Margarita Solorio) 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 February 17, 1999, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: WILLIAMS IN WITNESS WHEREOF, I have hereunto set my hand this day of _, 1999. (Original signed by Margarita Solorio) SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC99-29 I TEPi tJO. 1 1 NTR. 2MIT ~) .. _... CL RCL 75-76-02 . . RCL 69-70-64 RCL 69-70.18 !2Z CUP 3622 - - o a CUP 2077 N 1MLl I RCL fig-7049 CUP 1934 Z s ~ RCL sg-79-sa R 397 7 CUP 1786 w TENTATIVE TRACT NO. 10807 CUP 1715 ~ CUP 4 cuP z194 RS-A-43,000 VAR 3977 ~ RCL 82-83-22 ~ RESrauaANr VAR 2733 x 89-70-64 CANYON VILLAGE O 69-70-18 SHOPPING CENTER CUP 2014 t CUP 1136 P V-3fi46 so Mq g MORI ME V FNU PARK RCL 694664 r ~ 1) RCL 6&]0.19 K RCL °6¢ 65-66.1] CUP 2146 Vii VAR 3954 uiZ VAR 1]9] ~ Q I ~ CL 297 = CL RCL 69-70-64 CL ~ RCLfi9-70-64 RCL 69-70-18 RCL fig 70-64 a _ 2 RCL 69-70-18 RCL 65 7 CUP 2365 a RCL 97-94.06 RCL 69-70.18 RCL 69 ]9 6~ -66-1 VAR 4145 o - ~ T-CUP 2oW-04766 RCL 69-]0-t 8 J CUP 2392 VAR 3428 5 r-CUP 2ao2-04594 cuP zssz Q CUP 1635 RESTAURANT cuP 14z9 CUP 3fifi4 ANAHEIM HILLS NURSERY CAR WASH ~ TRAVELODGE W a RIVER ANA SANTA IL) ALL PROPERTIES ARE I SC SCENIC CORRID ( ) ( OR OVERLAY) ZONE Conditional U se Permit No. 1420 Subject Property TRACKING NO. CUP2003-04766 Date: October 20, 2003 Scale; 1" = 200' Requested By : MARCIA S. HALLIGAN Q.S. No. 184 REQUEST TO AMEND PREVIOUSLY-APPROVED EXHIBITS PERTAINING TO SIGNAGE WITH WAIVER OF MAXIM UM NUMBER OF WALL SIGNS. 5780 East La Palma Avenue -Armstrong Garden Center 967 `Staff Repprt to the Planning Commission Octotier 20, 2003 Item No. 11 11a.' CEQAtJEGATIVEbECLARATION(PreviouslvAporoved) (Motion) 11 b: 'WAIVER OF CODE REQUIREMENT (Motion) 11c. CONDITIONAL USE PERMIT N0. 1420 (Resolution) (TRACKING NO CUP2003-04766) SITE LOCATIOtJ'AND DESCRIPTION: (1) This irregularly-shaped 1.1-acreproperty has a frontage of 291 feet on the south side of La Palma Avenue, a'maximum[depth of approximately 240 fee€and is located 690 feet east of the centerline of La Palma Avenue (5780 East La Palma Avenue -Armstrong Garden Center). REQUEST: (2) The petitioner requests amendment to previously approved exhibits pertaining to signage for an existing garden center with waiver df the following: SECTION NO. 18:05.031.020! Maximum number of wall sions One sign;permitted one existing and one pproposed) BACKGROUND:' (3) This property is developed with a 2,500 square foot plant nursery and accessory outdoor retail area and is zoned CL (SC) (Commercial, Limited -Scenic Corridor Overlay). ,The Anaheim General Plan Land Use Elemenf Map designates thisproperty for General Commercial land uses. (4) Conditional Use Permit No. 1420 (tia establish a retail plant nursery with waivers of (a) required screening of other than plant material, (b) minimum off-street parking requirements, (c) width of required landscaped strip adjacent to' an arterial highway and (d) required screening of outdoor uses from a'freeway or scenic highway) was approved by the Planning Commission on August 30, 1973': Subsequent to this approval, the nursery[ underwenta major renovation and expansion as the Planning Commission recently '(September 23, 2002) approved Conditional Use Permit 1420 (Tracking No. 2002-04594) (to reconstruct and expand an existing plant nursery'with waivers of (a) maximum fence i height, (b)'prohibited goof signage -deleted (c) permitted size and type of commercial :'center identification sign, (d) maximum number of wall signs- denied (e) minimum humber of parking spaces, (f) required screening of non-plant materials, and (g) minimum 'landscaped setback;adjacent to an arterial highway):: PROPOSAL: (5) The applicant requests approval of a second wall sign. The sign plans (Exhibit No. 2A) indicate tfie sign would be located on the east elevation (facing the car wash), would consist of internallylluminated channel letters and would have"a total sign area of 50 :square feet. Code permits one (1) wall sign with a maximum area of 10%d of the wall to which it is attached.?he nursery currently has one stgn on the north sr1130cw.doc Page 1 .'Staff Report to the Planning: Commission October 20, 2003 Item No. 11 GROWTH MANAGEMENT ELEMENT ANALYSISi ' (7) The proposed project has been7eviewed by affected;City departments to determine; whether if conforms with the City's Growtft Management Element adopted. by the City £ouncil on March 17,:1992. Based on Gity 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. EVALUATION: (t3) The requested waiver pertains to the maximum number of wall signs permitted within the SC Overlay zone. Cpde permits one (1) wall sign foreach business (building unit) and :plans indicate one (1) existing wall sign on the north elevation facing La Palma Avenue and `one (1) proposed wall sign on the east elevation facing the carwash and visible to motorist traveling westbound on La Palma Avenue! Staff cannot identify any hardships based on the findings that are requested to approved the sign waives Cbmmissionrhas already granted a sign waiver for the existing monument sign which properly identifies the business to potential customers traveling along La Palma Avenue. It may be argued that the < monumentsign cannot be seen by westbbund motorists on La4Palma Avenue until it's too (late to access the site; however; this type of business is not an?'impulse"purchase business,lbut rather'a "destination" and therefore, additional signage should not be necessaryi Staff recommends denial of this request: (9) Commission may wish to recall that on September 23, 2002 that an identical waiver Was considered on this property, and was denied on the basis that the proposed monument and wall sign on the nortfi elevation were adequate to identify the business. FINDINGS: (10) When practical difficulties or uhhecessary!hardships esult from strict enforcement of the Zoning Cotle, a motlfication may be granted for the'purpose df assuring hat no property, because of special circumstances applicable to it, shall be deprived of privileges commonly .enjoyed by other properties in the same vicinity and zone. The''sole purpose of any?. variance br code waiver is to prevent discrimination and none shall be approved which would have the effect of granting a special. privilege"not shared: by other'similar properties. Therefore, before any variance: br code waiver is granted by the Planning' Commission, it shall be sfiown: (a) That there are special circumstances applicable to the property such as size;. shape, topography, location or surroundings, which do not apply to other identically zoned properties in the vicinity;iand {b) That strict application of the Zoning Code deprives the property of'privileges enjoyed by;other properties under identical zoning classificationiin the vicinity. (11) .Before the`Planning Commission grants any conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: '.Page 3 i Staff Report to the Planning Commission October 20 2003 Item No. 11 (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 to 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 developmenk of the proposed use in a manner not detrimental to the'particular area nor to the peacehealth, safety, and general welfare; (d) ` That the traffic generated by the proposed use will not impose an undue burdeh upon the streetsand highways designed and improved to carry the traffic in thee: area; and (e) i That the grantingof 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. (12) Subsection 18.03.092 of the Anaheim Municipal Code provides for the modification or 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 foi` any reason for a period of six.: (6) consecutive months or more; (d) That the permit granted is being, or recently hasbeen exercised contrary to the termsbr conditions of such;approval,'or in violation of anyistatute, ortlinance, law or regulation; (e) That the use or 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 or for which the approval: was granted has not been exercised, and. thak based;upon additional information ortlue to changed circumstances, he facts necessary to support one or more of the required showings;for the issuance of such entitlement as set forth in this chapterno fongerexist; 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. Page 4 'Staff Report to the Planning Commissidn October 20, 2003 Item No. 11 RECOMMENDATION: (13) Staff recommends that unless additional or contrary information is receivetl 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, staff recommends that the Planning Commission take the'following actions: (a) By motion, determine that the previously-approved Negative Declaration is adequate to serve as the: requested environmental documentation tc this request, (b) By motion, denv CUP1420 (Tracking No. CUP2003-04766) to amend previously approved exhibits pertaining to signage with waiver of maximum number of wall signs because staff believes that the sign located on the'north elevation of the building, as well as the monument sign provides sufficient identification for the use forvehlcular traffic traveling along La Palma Avenue. Staff is also unable to identify any hardships'based on the required findings; (c) Shduld the Commission wish to approve this request, staff recommends thatthe Commission incorporate the conditions contained in Resolution No: PC2002-146 into a new resolution with the following conditions of approval: 1. That the water back flow equipment shall be above ground and outside She street setback area in a manner fully screened from all'public streets and alleys. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans submitted to the Water Engineering and'Cross Connection Inspector for review and approval`prior to submittal of plans for building permits. 2. !That prior to grading plan approval, the developer shall submit a Water Quality ' Management Planl'("WOMP")specifically identifying the post-construction best management practices that will be used'on-site to control predictable pollutants from storm water runoff:: The WQMP shall be submitted to the Public Works Department, ' Development Services Division, for review and approval (Anaheim Municipal Code ' Chapter10.09 "National Pollution Discharge Elimination System (NPDES)"). 3. 'That the`driveway do La Palma Avenue shall be cpnstructed with a ten (10) foot radius curb returns as required by the City Engineer in cdnformance with Engineering Standard No. 137:r Said information sfiall be specifically shown on the: plans submitted for building permits' 4, That all requests far new water services or fire lines, as well as any modifications.. relocations or abandonments'of exlsting'water services and fire Tines, shall be coordinated through the Water Engineering Division of the Anaheim Public Utilities Department. Page 5 Staff Report o the Planning Commission i October 20;.2003 .Item No. 11= 5. That because this project has lahdscapingareas exceeding two'thousand`five hundred (2,500) square feet, a;separate'irrigation meter shall. be installed to comply with Chapter 10.19 "Landscape Water Efficiency' of Anaheim Municipal Code and Ordinance No: 5349. Said information shall be pecifically shown on the plans!, submitted for building permits. 6. That all existing waterfservices and fire lines shall conform to current Water Services Standard Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if necessary br abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the costs to;upgrade and/or to abandon any water service or fire' line. 7. That the legal owner shall provide to the City of Anaheim (Electrical Engineering Division) with an easement to be determined as electrical design is completed forelectrical service lines. Said easemenfshall be submitted to the City of Anaheim; prior to cohnectiori of electricaf service. 8. That any required relocation of City of Anaheim electrical facilities shall beat the developer's: expense... Landscape and/or hardscape screening shall be provided for all pad-mounted equipment. 9. That the developer/property owner shall install PVC or vinyl slats in the existing chain-link fence located along the south property line adjacent to the horse/bicycle trail, Said information shall be specifically shown on the plans submitted for' buildingpermits. 10. That the property shalt 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. 11. That trash storage area(s) shall tie 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 area(s) shall be designed; located and Greened 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) gallon 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. 12. That a plan sheet for solid waste'storage and collection and a plan for recycling shallbe submitted to the Public WorksDepartmenf, Streetsahd Sanitation Division; for review and approval. 13. That an on-site trash truck tum-around area shall be provided in compliance with Engineering; Standard Detail Na 610 and maintained to the satisfaction of the Public Works Department, Streets and`Sanitationbivision. `Said turn-mound area shall be spec~cally shown on the plans submitted for building permits. In lieu of providing an bn- site trash truck tum-around, the applicant shall submit proof of a recorded reciprocal access easement for ingress/egress with tfie property directly to the westi at 5750 East La Palma Avenue. Page 6 Staff Report to the Planning Commission October 20, 2003 ' Item Na 11 14J That plans shall be`submitted to the Ciry Traffic and Transportation Manager for review ' and approval showing conformance witfi the current versions of Engineering Standard Plan Nos. 436, 601?and 602 pertaining to parkingstandards'and driveway locations. r Subject property shall thereupon be developed and maintained in conformance with said plans. 15.' That no required parking area shall be fenced or otherwise enclosed for storage d[ other outdoor uses. 16: That no'compacf or'small car' parking spaces shall be permitted. 1T That a landscape plan for the'entire site; specifying type, size`and location of proposed i landscaping, including irrigation facilities, shall be submitted tb the Zoning Division of the Planning Department for review and approval. Any decision made by ne Zoning. Division regarding said plan may be appealed td the Planning Commission and/or Ciry Council. Said information shall be specifically shown on the'plans submitted for building permits. 18: That any tree and/or landscaping planted on-site shall be replaced in a timely manner in the event that it is removed; damaged diseased and/or dies..'. 19:` That thejandscaped setbackalong La Palma Avenue shall be planted with fourteen (14), minimum twenty four (24) inch box sized, trees, .Said information shalt be specificaAy shown on the plans submitted for building permitsr 20:' That as required by the Urban Forestry Division of the Community Services Department, street trees (three: (3), twenty Pour (24) inch box sized, Magnolia "Samual Sommer" trees) shall beplanted by the developer/property owner, within the public right=of-way atljacent to La Palma Avenue. Said information`shall be specifically shown on the plans submitted for building permits'. 2Li That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim 6ythe petitioner and which plans are on file with'3he Planning Department marked Exhibit Nos. 1, 2, 2A, 3, 4, 5 and 6, and as conditioned herein: 22: That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim MunicipalZoning 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 7 ATTACHMENT - ITEM N0. 11 e~~E~~o~[~~ John Ramirez Assistant Planner City of Anaheim Re: Modification to a existing Conditional Use Permit #~00~ -04594 better of Explanation John: This letter is a request to install an additional wall sign at Armstrong Gardens, located at 5780 East La Palma Ave. This location has (1) wall sign located on the north elevation and (1) monument sign located at the front of the property. The owner is proposing to add a second wall sign on the east elevation. The monument sign allows visibility traveling from west to east and the wall sign allows visibility from the north, niether elevation is visibile from the east traveling west until the motorist is well in front of the nursery. Now that the store is open you can easily see that the sign proposed, which is similar in design to the existing one on the north elevation, is attractive and compliments the design of the building. Thank you for your consideration in this matter and should you have any questions or require more information, please feel free to contact me. I am including my card for your convenience. e urd Perm dministrator CUP N0: -14 ?_ o 150 COMPLEX STREET SUITE 307, SAN DIEGO, CA 92123 (858) 569-1 400 FAX (858) 569-1453 C-45 799887 ATTACHMENT - ITEM N0. 11 RESOLUTION NO. PC2002-146 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING RESOLUTION NO. PC73-192, ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 1420 WHEREAS, on August 30, 1973, the Anaheim City Planning Commission did, by its Resolution No. PC73-192, grant Conditional Use Permit No. 1420, in part, to establish a retail plant nursery with waivers of required screening of outdoor uses, minimum off-street parking, width of required landscaped strip adjacent to an arterial highway and required screening of outdoor uses from a freeway or scenic highway, and that two waivers (permitted number of wall signs and required building setback from an arterial highway in the Scenic Corridor) were denied; and that approval of the use permit is contingent upon compliance with certain conditions including that the property be developed substantially in accordance with plans and specifications labeled Exhibit Nos. 1 through 4; and WHEREAS, subject property is developed with a retail plant nursery (Armstrong Garden Center) at 5780 East La Palma Avenue; that the zoning is CL(SC) "Commercial, Limited -Scenic Corridor Overlay'; and that the Anaheim General Plan designates the property for General Commercial land uses; and WHEREAS, the petitioner requests amendment to this use permit under authority of Code Sections 18:03.091 and 18.44.050.240 to reconstruct and expand the existing plant nursery including waivers of (a) maximum fence height, (b) prohibited roof signage, (c) permitted commercial center identification sign, (d) maximum number of wall signs, (e) minimum number of parking spaces, (f) required screening of non-plant materials, and (g) minimum landscaped setback adjacent to an arterial highway; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 23, 2002 at 1:30 p.m., notice of said public hearing having been duly given as required bylaw and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence ahd reports offered at said hearing, does find and determine the following facts: 1. That the use, as proposed to be amended, is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.44.050.240 to reconstruct and expand an existing plant.nursery with waivers of the following: (a) Sections 18.04.043.100.101(al - Maximum fence height 18.44.064:080 (3-foot high fence permitted in the recuired 50-foot front and 18.84.062.010.012 setback along a secondary arterial highway in the Scenic Corridor Zone Overlay; 8-foot high fence proposed 10 feet from La Palma Avenue) (b) Sections 18.05.064.055 and 18.84.062.040 (c) Sections 18:05.091:010 18.05.091.011 16.05.091.012 18.05.091.014 Tracking No. 2002-04594 - Prohibited roof sionage. - Permitted commercial center identification sign. (26 so.ft.. one-sided sign permitted as Dart of a 3-foot high decorative wall in the Scenic Corridor Zone Overlay; 48 sc.ft.. two-sided freestanding monument sign proposed) CR5471 DM.doc -1- PC2002-146 and 18.84.062.040 (d) Sections 18.05.091.020 - Maximum number of wall signs. and 18.84.062.040 (One wall sign permitted; two wall signs proposed) (e) Sections 18.06.050.020.022 - Minimum number of parking spaces. 18.06.050.030.033 46 s aces required; 36 spaces proposed and concurred with by the 18.06.080 City Traffic and Transportation Manager) and 18.44.066.050 (f) Section 18.44.050.240 - Required screening of non-plant materials. (8-foot high masonry block screen wall required; 8-foot high wrought iron fence proposed) (g) Sections 18.84.062.012 - Minimum landscaped setback adiacent to an arterial highway. and 18.84.062.014 (20-foot wide fully landscaped setback or 14-foot wide landscaped setback with 3-foot high berm required adjacent to a secondary arterial highway in the Scenic Corridor Zone Overlay; 10-foot wide landscaped setback with 18-inch high berm proposed adjacent to La Palma Avenue) 2. That waiver (a), maximum fence height, is hereby approved because the proposed fence is located in approximately the same place as the existing 6-foot high wrought iron fence, and the existing fence was approved in connection with the original approval of this conditional use permit in 1973; and that the proposed fence is behind an 18-inch high earthen berm landscaped with a variety of trees, shrubs and groundcover, which will improve the fence and will not effectively increase the height of the fence due to its location behind said landscaped berm. 3. That waiver (b), prohibited roof signage, is hereby denied on the basis that it was deleted following public notification. 4. That waiver (c), permitted commercial center identification sign, is hereby approved on the basis that strict adherence to the zoning code would deprive this property of visibility to vehicles traveling to both directions along La Palma Avenue due to the subject site's location along the existing curve of La Palma Avenue; and that strict adherence to the zoning code would also deprive this property owner of a privilege enjoyed by other property owners in the area with similar zoning, including Best Western Anaheim Hills motel, Keno's Family Restaurant, Anaheim Hills Car Wash and Lube, and Canyon Village Shopping Center which have similar signage to the proposal. 5. That waiver (d), maximum number of wall signs, is hereby denied on the basis that a motion to approve the waiver failed to carry because of a tie vote (AYES: Bostwick, Bristol, Romero; NOES: Eastman, Koos, Vanderbilt; ABSENT: Boydstun); and that a second motion to deny the waiver also failed to carry because of a tie vote (AYES: Eastman, Koos, Vanderbilt; NOES: Bostwick, Bristol, Romero; ABSENT: Boydstun). 4. That parking waiver (e), under the conditions imposed, is hereby approved based on the City Traffic and Transportation Manager's review and approval of the parking study submitted by the petitioner, including the conclusions that there will be a sufficient number of parking spaces; that the proposed use will not cause or increase demand for parking on streets or private property in the vicinity; and that the layout of the parking area not impede vehicular ingress or egress from adjacent properties or upon the public streets 5. That parking waiver (e), under the conditions imposed, will not cause fewer off-street parking spaces to be provided for the approved 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 the use. -2- PC2002-146 6. That parking waiver (e), 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. 7. That parking waiver (e), 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. 8. That parking waiver (e), under the conditions imposed, will not increase traffic congestion within the off-street parking areas provided for the use as proposed to be amended. 9. That parking waiver (e), 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 use as proposed to be amended. 10. That waivers (f) and (g), required screening of non-plant materials and minimum landscaped setback adjacent to an arterial highway, are hereby approved on the basis that both waivers were approved in connection with the original approval of this conditional use permit in 1973; and that granting said waivers, as proposed, will improve the visual character of the site by providing higher quality perimeter fencing and more landscaping than is currently exists on the site. 11. That there are special circumstances applicable to the property consisting of its shape, location and surroundings, which do not apply to other identically zoned properties in the vicinity; and that strict application of the Zoning Code would deprive the property of privileges enjoyed by other properties under identical zoning classification in the vicinity. 12. That the use, as proposed to be amended and as conditioned herein, will not adversely affect the adjoining land uses and the growth and development of the area on the basis of the proximity to other commercial uses and because the existing garden center is currently in operation and the proposed garden center will be operating in a manner consistent with the existing business. 13. 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 because the use is currently operating in substantially the same manner as proposed. - 14. 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 because there is an existing garden center that has been in operation for 28 years; and that the proposal, which includes expansion of the existing building, will not effectively expand the present use of the site. 15. That the traffic generated by the proposed construction and use will nofimpose an undue burden upon the streets and highways designed and improved to carry traffic in the area. 16. That the use, as proposed to be amended, will not adversely affect the adjoining land uses and the growth and development of the area in which it is located. 17. 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. 18. 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 traffic in the area 19. That this conditional use permit, as proposed to be amended and under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. -3- PC2002-146 /~~~n •~I~ i I 'l 'l 20. That amendment to the conditions of approval, including the imposition of additional conditions, is reasonably necessary to protect the public peace, health and general welfare, and to permit reasonable operation under the conditional use permit as granted. 21. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was :received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal amend Conditional Use Permit No. 1420 to reconstruct and expand an existing plant nursery with waivers of maximum fence height, prohibited roof signage, permitted commercial center identification sign, maximum number of wall signs, minimum number of parking spaces, required screening of non-plant materials and minimum landscaped setback adjacent to an arterial highway, on an irregularly-shaped 1.1-acre property having a frontage of 291 feet pn the south side of La Palma Avenue and a maximum depth of 240 feet, being located 690 feet east of the centerline of Imperial Highway, and further described as 5780 East La Palma Avenue (Armstrong Garden Center); and does hereby approve the Negative Declaration upon finding that the declaration reflects the independentjudgment 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, THEREFQRE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby amend :Resolution No. PC73-192, adopted in connection with Conditional Use Permit No. 1420, to reconstruct and expand an existing plant nursery; and BE IT FURTHER RESOLVED that waivers (a), (c), (e), (f) and (g) are approved; and that waivers (b) and (d) are denied; and BE IT FURTHER RESOLVED that the conditions of approval are amended, in their entirety, to read as follows: 1. That the water back flow equipment shall be above ground and outside the street setback area in a manner fully screened from all public streets and alleys. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans submitted to the Water Engineering and Cross Connection Inspector for review and approval prior to submittal of plans for building permits. 2. That prior to grading plan approval, the developer shall submit a Water Quality Management Plan ("WQMP")specifically identifying the post-construction best management practices that will be used on-site to control predictable pollutants from storm water runoff The WQMP shall be ubmitted to the Public Works Department, Development Services Division, for review and approval (Anaheim Municipal Code Chapter 10:09 "National Pollution Discharge Elimination System (NPDES)"). 3. That the driveway on La Palma Avenue shall be constructed with a ten (10) foot radius curb returns as required by the City Engineer in conformance with Engineering Standard No. 137. Said information shall be specifically shown on the plans submitted for building permits. 4. That all requests for new water services or fire lines, as well as any modifications, relocations or abandonments of existing water services and fire lines, shall be coordinated through the Water Engineering Division of the Anaheim Public Utilities Department. 5. That because this project has landscaping areas exceeding two thousand flue hundred (2,500) square feet, a separate irrigation meter shall be installed to comply with Chapter 10.19 "Landscape Water Efficiency' of Anaheim Municipal Cade and Ordinance No. 5349. Said information shall be specifically shown on the plans submitted for building permits. -4- PC2002-146 6. That all existing water services and fire lines shall conform to current Water Services Standard - Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if necessary or abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the costs to upgrade and/or to abandon any water service or fire line. 7. That the legal owner shall provide to the City of Anaheim (Electrical Engineering Division) with an easement to be determined as electrical design is completed for electrical service lines. Said easement shall be submitted to the City of Anaheim prior to connection of electrical service. 8. (a) That any required relocation of City of Anaheim electrical facilities shall be at the developer's expense. (b) That landscape and/or hardscape screening shall be provided for aU pad-mounted equipment. 9. That the developer/property owner shall install PVC or vinyl slats in the existing chain-link fence located along the south property line adjacent to the horse/bicycle trail. Said information shall be specifically shown on the plans submitted for building permits. 10. 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. 11. 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 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) gallon 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. 12. 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. 13. That an on-site trash truck turn-around area shall be provided incompliance with Engineering Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn-around area shall be specifically shown on the plans submitted for building permits. In lieu of providing an on-site trash truck turn-around, the applicant shall submit proof of a recorded reciprocal access easement for ingress/egress with the property directly to the west at 5750 East La Palma Avenue. 14. 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, 601 and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 15. That no required parking area shall be fenced pr otherwise enclosed for storage or other outdoor uses. 16. That no 'compact' or'small car' parking spaces shall be permitted. 17. That a landscape plan for the entire site, specifying type, size and location of proposed landscaping, including Irrigation facilities, shall be submitted to the Zoning Division of the Planning Department for review and approval. Any decision made by the Zoning Division regarding said plan may be appealed to the Planning Commission and/or City Council. Said information shall be specifically shown on the plans submitted for building permits. -5- PC2002-146 nun .~.. , -~ n , , i 18. That any tree and/or landscaping planted on-site shall be replaced in a timely manner in the event that It is removed, damaged, diseased and/or dies. 19. That the landscaped setback along La Palma Avenue shall be planted with fourteen"(14), minimum twenty four (24) inch box sized, trees. Said information shall be specifically shown on the plans submitted for building permits. 20. That as required by the Urban Forestry Division of the Community Services Department, street trees (three (3), twenty four (24) inch box sized, Magnolia "Samual Sommer" trees) shall be planted by the developer/property owner, within the public right-of-way adjacent to La Palma Avenue. Said information shall be specifically shown on the plans submitted for building permits. 21. 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 6, and as conditioned herein. 22. That 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. 1, 2, 3, 5, 7, 9, 11, 12, 13, 14, 17, 19 and 20, 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. 23. That prior to final building and zoning inspections, Condition No. 21, above-mentioned, shall be complied with. 24. 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 unless conditions to the contrary are expressly imposed upon the granting of waiver (e), minimum number of parking spaces, pursuant to the Anaheim Municipal Code by the Planning Commission or City Council, granting of said waiver shall be deemed contingent upon operation of the approved use in conformance with the assumptions relating to the operation and intensity of the 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 as contained in the parking demand study shall be deemed a violation of the express conditions imposed upon said waiver which shall subject said waiver to termination or modification pursuant to the provisions of Sections 18.03.091 and 18.03:092 of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction., then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 23, 2002. (Original signed by Paul Bostwick) CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: tOrlglnal signed by Eleanor Fernandes) SECRETARY, ANAHEIM CITY PLANNING COMMISSION -6- PC2002-146 rno ®rn ~ n ~ n STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM 1 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 23, 2002, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BRISTOL; EASTMAN, KOOS, ROMERO, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOYDSTUN IN W ITNESS W HEREOF, I have hereunto set my hand this day of 2002. ^i -i t vSls.~,o W(~Ct~G' ha Eicen~.~ ~B.*r,~:~d.;J SECRETARY, ANAHEIM CITY PLANNING COMMISSION -7- PC2002-146 CIID ein ~ n ~ n + ITEM N0. 12 R9N~ I N c~ TFR O / ° RS-HS-10,000(SC) ~- ~ N a ~ -r ~ RCL 67-68-07 (6) Z 9 °~ RCL 65-fib-51 pL ~ ~ c VAR 247E y SJ ~ RS HS 10 000 1 DU EACH O 9- - - , ~ F ¢- 4 1 DU EACH ~z. UJ yL Z J J RS-HS-70,000(SC) J 2 ROCKY POINT RD i DU EACH ~ TRACT NO. 616 ~ TRACT NO. fifi4] RS-HS-10:000(SC) RS-HS-10,000(SC) 1 DU EACH I _ VAR 2001-04425 ~ RCL 67-68-07 (7) RS-A-03,000(SC) 67 fie 7 CL-HS (SC) p 5 RCL - - (Res, oflnl. to RS-HS1fi,fi0fi(SC)) B4B5 02 RCL 67 66-14 w ~p 67- 0514 CUP 2003-04764 m ?~ CUP 2595 CUP 4127 m1 (65-66.51 T) CUP 3549 OLIVE HILLS PARK CUP 3343 y CUP 2595 ~ (RCL 65 66 51), NOHL PLAZA RGL 67-fi8-07 (10) ~ 9 RCL 82-fi3-15 ~ -t,UP 814 VISTA NOHL ~ TOWNHOMES ~ P~N to J`S~ E~~ t ALL PROPERTIES ARE IN THE (SC) (SCENIC CORRIDOR OVERLAY) ZONE Conditional Use Permit No. 2003-04764 Subject Property Date: October 20, 2003 Scale: 1" = 200' Requested By: SBD GROUP INC. O:S. No. 163 REQUEST TO PERMIT A MASSAGE ESTABLISHMENT IN CONJUNCTION WITH AN EXISTING HAIR SALON. 505 South Villa Real Drive -Salon Boucle' 9B3 'Staff Report to the ' Planning Commisston Octotier 20, 2003 >'Item No: 12 12a: ` CEQA CATEGORICAL EXEMPTION -CLASS 1 (Motion forwithdrawal) 12b: `CONDITIONAL' USE PERMIT'NOi 2003-04764 SITE LOCATION AND DESCRIPTION: (1) This irregularly-shaped, 2.6-acre property is located at the southwest cornedbf Nohl Ranch Road and Villa Real. Drive withfrontages of 272 feet do the south side of Nohl Ranch: Road and 345 feefon the west side of Villa Real Drive (505 South Villa Real Drive'- Salon Boucle). REQUEST: (2) The petitioner requests to permit a'massage establishment in conjunction with an existing hair salon under authority of Code Section 18.44.050.040. BACKGROUND: (3) This propertyis currently developed with a commercial retail center'. The property is zoned CL- HS (SC) (Commercial,: Limited -Hillside; Scenic Corcidor Overlay) and is designatedby the City of Anaheim General Plan Land Use Element Map for General Commercial land uses. (4) Jay; Philavong; representing the petitioner, has submitted the attached letteq dated October 8, 2003, requesting a withdrawal of this application due to the inability tp construct required motlifications to the existing salon to comply with the requirements of Title 4 of the Anaheim Municipal Cotle. RECOMMENDATION: (5) That the Commission, by motion, accept the'petitioner's request for withdrawal. sr8652av 'page 1 10/08/2003 13:28 7142820091 STAPLES 1030 ~6~ ~ . ~J'r~c~ PAGE 02 ~~~ n /~t~d4r~lc~ 1a-~Lt,S, M~s~~ ~~ QE2~m tT~ ~~ -~1-F~' ~ST-~t3«:~i s~mt~J i L-- ~f~ • ~ 1 i ~ t8 fo Cam, ~2~a7 NT - I TEP1 IJO. 12 ~ ~ ~'~ c~2E r~~, PEE ~j~ ~-~~ ~ ,~ ~ ---~~+) ~.~ _ 505 S. Vdla Real Dr. Suite 106 Anaheim Hills, CA 9207 Tel. ZS3-3335 ~'~~~ City of Anaheim ®FFICE ®~' THE CITY A'B"1'®RNEY www.anaheim.net October 3, 2003 TO: PLANNING COMMISSION FROM: CITY ATTORNEY'S OFFICE RE: PROPOSED AMENDMENT OF VARIOUS SECTIONS OF THE ANAHEIM MUNICIPAL CODE RELATING TO SEX-ORIENTED BUSINESSES I. RECOMMENDATION That, based upon the information presented, the Planning Commission, by motion, take the following actions: A. Determine that this project is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15061 (b) (3) of the CEQA Guidelines. B. Recommend that the City Council adopt the attached draft ordinance amending various sections of the Anaheim Municipal Code relating to sex-oriented businesses. II. BACKGROUND INFORMATION The City Council has previously established regulations on sex-oriented businesses in the City of Anaheim, declaring this was necessary for the protection of the public welfare by mitigating the potential negative secondary effects ofsex-oriented businesses. (Ordinance Nos. 5399, 5568, 5569, 5646, 5649 and 5656.)1 Representatives from the City Attorney's Office, Zoning, Code Enforcement and Business License Divisions, and the Police Department regularly review the provisions of Chapter 18.89 to determine if clarification or modification of its provisions is necessary or appropriate in view of changes in the law, and have been processing this amendment to Chapter 18.89 since September, 1998. The proposed ordinance has been prepared to address the secondary impacts upon the community caused by sex-oriented businesses to reflect changes in the law and the City's experience with such businesses ' This memorandum supplements prior memoranda from this office dated September 23, 1993, September 20, 1994, September 27, 1994, May 8, 1996, June 14, 1996, August 11, 1998, October 19, 1998, October 27, 1998 relating to sex-oriented businesses. Copies of the memoranda and ordinances referenced are available for review by the Commission, City Council and the public in the City Clerk's Office, and will be available during hearings considering the proposed ordinance. 200 S. Anaheim Boulevard SuRe 356 Anaheim, California 92805 TEL (714)765-5169 FAX (714) 765-5123 Planning Commission October 3, 2003 Page 2 in Anaheim. A copy of the draft ordinance, which has been marked to show changes from existing Code provisions, is attached for your reference. The attached draft ordinance amending various provisions of the Anaheim Municipal Code relating to sex-oriented businesses includes recitals and findings which express in detail the intent of the ordinance, case law relating to such businesses, and the secondary effects of such businesses, as demonstrated by the experiences in the City of Anaheim and/or by studies and experiences in otherjurisdictions. The recitals also document modifications to the Anaheim Municipal Code relating to promptjudicial review and hearing officers which are currently in effect and which impact evaluation and processing of applications and permits for sex-oriented businesses.'- The information in the recitals and findings in the ordinance are incorporated in this memorandum by reference. As described in the recitals and findings, sex-oriented businesses providing sexually- oriented films, books, live performances and similar "adult" goods and services, have been determined by the courts to involve speech, and as such are protected by the First Amendment. Courts have upheld regulation of such businesses when those regulations are designed to reduce the secondary effects the sex-oriented businesses have been demonstrated to create. Courts have repeatedly held that cities may demonstrate the secondary effects created by such businesses by relying not only upon their own experiences, but also by relying on the experience of other cities, so long as whatever evidence the city relies upon is reasonably believed to be relevant to the problem that the city addresses. The proposed ordinance may be summarized as follows: Revises provisions in Chapter 18.89 to provide that all hearings relating to sex-oriented businesses will be referred to the City Hearing Officer. This revision reflects changes to hearing officer procedures established by City Council Ordinance No. 5866, in which the Council created the office of City Hearing Officer to hear prescribed matters, including hearings relating to sex- oriented businesses, azising during a designated period without renewal, thereby ensuring that the appointment does not create the possibility that favorable decisions will be rewazded, and conforming previously existing language in the - Copies of the materials referred to in the recitals, including cases cited, the administrative record relating to the Flamingo Theater revocation proceedings, the record of court proceedings in People v. Janini, studies from other jurisdictions, data relating to sexually transmitted materials and IESNA data on lighting standards, are available for review in the City Clerk's Office and will be available at the Council Chambers during consideration of the draft ordinance. Planning Commission October 3, 2003 Page 3 Anaheim Municipal Code relating to selection of a hearing officer with the requirements set forth in the case of Haas v. County of San Bernardino. 2. Clarifies that conditions imposed upon sex-oriented businesses are intended to relate the individual characteristics of the proposed business to specific requirements in the Code. The City has consistently applied the hearing officer's authority to impose conditions upon sex-oriented businesses to mean that any conditions imposed were not intended to provide an exercise of discretion by the hearing officer, but rather to memorialize the characteristics of the operation proposed by the applicant which reflect specific requirements in the Code. An example of such a condition might be limiting occupancy based upon the number of available parking spaces in order to comply with parking requirements. While the establishment is required to comply with all requirements of Chapter 18.89, enumeration of conditions reflecting individual characteristics of the business provides supplemental notice of applicable requirements to the applicant and to any transferee of the permit. 3. Provides that prompt judicial review will be afforded, in accordance with procedures adopted by the Legislature. In 1998, the United States Court of Appeals for the Ninth Circuit issued its opinion in Baby Tam & Co., Inc. v. City of Las Vegas, 154 F.3d 1097 ("Baby Tam"), holding that sexually-oriented businesses' licensing ordinances were required to provide prompt judicial review for persons whose license or permit applications have been denied. The following year, the California Legislature addressed the Baby Tam decision by adding Section 1094.8 to the Code of Civil Procedure setting forth an expedited procedure for judicial review of decisions by a local public agency regarding the issuance, revocation, suspension or denial of a business or other permit involving expressive conduct protected by the First Amendment to the United States Constitution. The revision to the proposed ordinance provides that whenever such a permit is denied, prompt judicial review will be provided as required by state law. In addition, in June, 2003, the City Council adopted Ordinance No. 5866 to add a reference to the procedure set forth in Section 1094.8 of the Code of Civil Procedure when prompt judicial review is required. 4. Deletes the restriction that asex-oriented business may not be located within 100 feet of any freeway or arterial highway. In 1999, the California Court of Appeal for the Fourth District declared this restriction to be unconstitutional. (Gammoh v. City of Anaheim (1999) 73 Cal.App. 4th 186; 86 Cal.Rptr.2d 194, modified 73 CaLApp. 4th 1264a ("Gammoh") The provision has not been enforced since that time, and this modification corrects the Code and memorializes existing practice in the City after the Gammoh decision. Planning Commission October 3, 2003 Page 4 Requires that security guards be licensed. The requirement for licensed security guards is routinely placed on permits in the City where potential secondary impacts are identified, such as public dance halls, restaurants with entertainment and bars. The requirement for security guards is in the existing ordinance. The modification describes with more specificity the qualifications required. 6. Provides objective noise and minimum lighting standards, and provides that the City Council may establish lighting standards for types of uses, based upon recognized established standards. The provisions have been modified to provide objective, specific standards for noise and lighting. The revision establishes a minimum level, and provides that the City Council will "° establish more specific standards for various types ofsex-oriented businesses by resolution. In one instance, the minimum lighting required in the existing ordinance is ten times lower than the minimum recommended by industry experts for entertainment venues. Clarifies the requirement that a[I indoor areas accessible to patrons, except restrooms, be open to public view at all times, clarifying that such areas include those accessible only to members of the public who pay a fee and/or join a private club or organization. This modification clarifies an existing requirement. 8. Clarifies the types of modifications or alterations ofsex-oriented businesses which will require that the permit be modified. Existing provisions require that the permit be modified in accordance with the procedures for obtaining a sex-oriented business permit for any modification. The intent of the existing requirement is that the business not be modified in ways which may take it out of compliance with Chapter 18.89. This revision to the ordinance more clearly expresses the intent that the changes which will require processing of a new application are those which may interfere with enforcement of Chapter 18.89, or obstruct the view of areas accessible to the public, including changes to the configuration or location of a manager's station. 4. Delekes the requirement for annual permit renewal. The requirement for annual renewal has been found to be of minimal benefit. If the permit is operating in compliance with the requirements of 18.89, it is renewed. If the permit is not operating in compliance, the result is non-renewal, which results in the same costly and time-consuming process as revocation of the permit. Revocation of the permit remains available for noncompliance. 10. Provides that a permit may not be revoked for permitting a person under 18 on the premises if the accused can show that he or she did not have, or Planning Commission October 3, ?003 Page 5 could not reasonably have learned, that the person was under 18. Case law suggests that the person accused should have some kind of knowledge before the provision is invoked.. 11. "Grandfathers" locations of existing sex-oriented businesses. The City is required to provide a reasonable number of locations for sex-oriented businesses. Absent this provision, a number of sites would be unavailable if the permits were to be revoked, and sufficient alternative sites would need to be identified. 12 Deletes the provisions providing for enforcement of the ordinance as a misdemeanor, except for operation of asex-oriented business without a permit. This amendment reflects the decision of the Fourth District Court of Appeal in People v. Janini. The modification permits enforcement by other available civil means, such as revocation of the permit, injunctions and nuisance actions. Staff recommends that the Planning Commission determine that adoption of this ordinance is exempt from CEQA pursuant to Section 15061 (b) (3) of the CEQA Guidelines, which provides that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Staff further recommends, based upon the information and evidence presented, including evidence presented during the public meeting, that the Planning Commission recommend that the City Council approve the attached draft ordinance. Respectfully Submitted, JACK L. WHITE, CITY ATTORNEY By: Selma J. Mann Assistant City Attorney Attachment c: Dave Morgan Joel Fick Sheri Vander Dussen 51371.1 \smann\October 3, ?003 ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING VARIOUS SECTIONS OF THE ANAHEIM MUNICIPAL CODE RELATING TO EXPRES SIVE ACTIVITY AND SEX-ORIENTED BUSINESSES. WHEREAS, the City Council in its prior establishment of the prohibitions on sex- oriented businesses in the City of Anaheim declared this was necessary for the protection of the welfaze ofthe people, as a result ofthe potential negative secondary effects ofsex-oriented business, and does hereby reaffirm those findings and recitals contained in Ordinance Nos. 5399, 5568, 5569, 5646, 5649 and 5656 by this reference as if set forth in full; and WHEREAS, City Attorney, Planning Department and Police Department staff regulazly review the provisions of Chapter 18.89 to determine if clarification or modification of its provisions is appropriate in view of changes in the law, and have been processing this amendment to Chapter 18.89 since September, 1998; and WHEREAS, on September 10, 1998, the United States Court of Appeals forthe Ninth Circuit issued its opinion in Baby Tam & Co., Inc. v. City of Las Vegas, 154 F.3d 1097 ("Baby Tam"), holding that sexually-oriented businesses' licensing ordinances were required to note the provision of prompt judicial review for persons whose license or permit applications have been denied; and WHEREAS, in view of the holding in Baby Tam, the California Legislature passed Senate Bill 1165, Chaptered June 28, 1999, adding Section 1094.8 to the Code of Civil Procedure setting forth an expedited procedure for judicial review of decisions by a local public agency regazding the issuance, revocation, suspension or denial of a business or other permit involving expressive conduct protected by the First Amendment to the United States Constitution; and WHEREAS, the CityCouncil by its Ordinance No. 5866, adopted June 17, 2003, has conformed existing language in the Anaheim Municipal Code to refer to the procedure set forth in Section 1094.8 of the Code of Civil Procedure; and WHEREAS, in Haas v. County of San Bernardino 27 Ca14th 1017; 119 Cal. Rptr. 2d 341 (2002)("Haas"), the California Supreme Court, found that the County of San Bernazdino's unilateral discretion to select and retain ahearing officer, when combined with the County's payment of the hearing officer, constituted an inherent deprivation of a licensee's due process right to an impartial hearing officer; and WHEREAS, the Supreme Courtin Haas stated that agencies that appoint temporary administrative hearing officers must do so in a way that does not create the risk that favorable decisions will be rewarded with future remunerative work; .and WHEREAS, the Haas court, in footnote 22 held that an attorney might be appointed to heaz all cases arising during a designated period; and` _ __ WHEREAS, no bias has been demonstrated as a result of utilization of previous provisions of the Anaheim Municipal Code relating to appointment of a hearing officer, and the heazings conducted have resulted in impartial consideration and recommendations by the persons so appointed; and WHEREAS, the City Council, by its Ordinance No. 5866, and in order to conform existing language in the Anaheim Municipal Code relating to selection of a hearing officer with the requirements set forth in the Haas decision, has created the office of City Hearing Officer to heaz prescribed matters, including hearings relatingtosex-oriented businesses, arising during a designated period without renewal, thereby ensuring that the appointment does not create the possibility that favorable decisions will be rewazded; and WHEREAS, the United States Supreme Court held that the City of Los Angeles may reasonably rely on its 1977 study to demonstrate that its present ban on multiple-use adult establishments serves its interests in reducing crime, City ofLosAngeles v. Alameda Books, Inc., 535 U.S. 425, 438; 152 L. Ed. 2d 670, 122 S. Ct. 1728 (2002)("Alameda Books"); and WHEREAS, pursuant to the Alameda Books decision, the City is "entitled to rely on the experience ... of other cities ... so long as whatever evidence the city relies upon is reasonably believed to be relevant to the problem that the city addresses;" and WHEREAS, prior to the adoption of this Ordinance, the City Council takes judicial notice of reroiEwed detailed studies prepared by other jurisdictions regarding the detrimental social and economic effects on persons and properties immediately sun•ounding established sex-oriented businesses, including the following: Phoenix, Arizona, May 25, 1979, "Adult Business Study," Tucson, Arizona, May 1, 1990, "Adult Entertainment Ordinance," Gazden Grove, California, October 23, 1991, "The Relationship Between Crime and Adult Business Operations an Garden Grove Blvd.," Los Angeles, California, June 1977, "Study ofthe effects ofthe concentration ofadult entertainment establishments in the City of Los Angeles," Whittier, California, January 9, 1978, "Adult Businesses," Adams County, Colorado, 1990, "Adams County Nude Entertainment Study," Manatee County, Florida, June 19$7, "Adult;Entertainment Business Study," St. Mary's, Georgia, July 1996, "The Evidence of Relationships Between Adult- Oriented Businesses and Community Crime and Disorder," Indianapolis, Indiana, 1984, "Adult Entertainment Businesses," Minneapolis, Minnesota, October 1980, "An Analysis of the Relationship Between Adult Entertainment Establishments, Crime and Housing Values," Minnesota Attomey General's Report, June 6, 1989, "Report of the Attorney General 's Working Group on the Regulation of Sexually Oriented Businesses," St. Paul, Minnesota, 1983, "Adult Entertainment," New Hanover County, North Cazolina, July 1989, "Regulation of Adult Entertainment Establishments," Las Vegas, Nevada, Mazch 15, 1978, "Report," Cattazaugus County, New York, January 1998, "Adult Business Study," Islip, New York, September 23, 1980, "Study & Recommendations for Adult Entertainment Businesses," New York City, New York, November 1994, "Adult Entertainment Study," New York Times Square, April 1994, "Report on the Secondary Effects of the Concentration ofAdult Use Establishments," Cleveland, Ohio, Apri124, 1977, "Report," Oklahoma City, Oklahoma, Mazch 3, 1986, "Adult Entertainment Businesses," Oklahoma City, Oklahoma, 1989, "A Look At Successful Abatement of Adult Oriented Business Nuisances," Amarillo, Texas, September 12,1977, "A Report On Zoning And Other Methods Of Regulating Adult Entertainment," Austin, Texas, May 19, 1986, "Report on Adult Oriented Businesses," Beaumont, Texas, September 14, 1982, "Regulation ofAdult Uses," 3 Cleburne, Texas, October 27, 1997, `-`Why and How Our City Organized a Joint County-Wide Sexually Oriented Task Force," Dallas, Texas, April 1997, "An Analysis of the Effects of SOBS on the Surrounding Neighborhoods," EI Paso, Texas, September 26, 1986, "Effects ofAdult Entertainment Businesses on Residential Neighborhoods" Houston, Texas, January 7, 1997, "Sexually Oriented Business Ordinance Revision Committee Legislative Report," Newport News, Virginia, Mazch 1996, "Adult Use Study," Bellevue, Washington, January 11, 1998, "Location ofAdult Entertainment Uses," Des Moines, Washington, August 1984, "Adult Use Study" Seattle, Washington, Mazch 24, 1989, "Director's Report Proposed Land Use Code Amendment Adult Cabarets," St. Croix County, Wisconsin, September, 1993, "Regulation ofAdult Entertainment Establishments;" and WHEREAS, the City Council, in adopting this ordinance, takes legislative notice of the existence and content of the detailed studies prepared by other jurisdictions regazding the social and economic secondary effects on persons and properties surrounding established adult use facilities; and WHEREAS, there is substantial evidence that an increase in crime tends to accompany, concentrate around, and be aggravated by sex-oriented businesses, including, but not limited to an increase in the crimes of nazcotics distribution and use, prostihation, pandering, and violence against persons and property; and WHEREAS, the studies from other cities established by convincing evidence that sex- oriented businesses that aze not regulated as to operating standazds often have a deleterious effect on neazby businesses and residential azeas, causing, among other adverse secondary effects, an increase in crime and a decrease in property values; and WHEREAS, the City Council takes judicial notice of the administrative record and of the Findings of Fact and Decisions issued by Hearing Officer Victor J. Kaleta on January-14, 1999, relating to the Revocation and Denial of Renewal of the sex-oriented business permit of the Flamingo Theater in Anaheim, issuing a comprehensive, detailed, 25-page decision chronicling the 4 evidence supporting his finding that (i) theFlamingo'sregulaz and substantial violations ofthe City's sex-oriented business ordinance required revocation and nonrenewal of its permit; :and (ii) listing nine specific violations of the prohibition against patron/entertainer sexual physical contact that occurred at the strip club over a 12 month period as established, in part, by video tape evidence showing such sexual physical contact; and WHEREAS, the Flamingo Theater's nude entertainers began providing a masturbatory service sometimes referred to as "lappers," which consisted of the following: after completely disrobing on stage, a nude entertainer would slip on thong underweaz and a bra or bikini top and circulate through the audience selling "lappers;" once a patron agreed to purchase a "lapper," the entertainer would begin the service by rubbing her breasts, buttocks and neaz-nude genitals on the lap, legs, torso, chest and face of her patron; the entertainer would then mount the lap of her seated patron (hence the name "lapper") and, simulating intercourse, grind her near nude genitals duectly on the genitals of her patron; and, as a 15-yeaz-old nude entertainer at the Flamingo Theater's establishment testified at the administrative hearing, the male patrons would even occasionally ejaculate (November 2, 1998, hearing transcript, 84:7-9; Administrative Record 91 ); and WHEREAS, the City Council finds that it is necessary and appropriate to clarify certain restrictions relating to sex-oriented businesses regulated by Chapter 18.89 of the Anaheim Municipal Code in light of the Court of Appeal's decisions in (Gammoh v. Ciry ofAnaheim (1999) 73 Ca1.App. 4th 186; 86 Ca1.Rptr.2d 194, modified 73 Ca1.App. 4th 1264a ("Gammoh"); People v. Janini (1999) 89 Ca1.Rptr. 2d 244 ("Janini"); and WHEREAS, in Janini the court reviewed misdemeanor convictions of seven female performers who worked as lap dancers at the Sahara Theater in Anaheim and two theater managers accused of aiding and abetting them; and the performers danced nude on a stage and then, dressed in bikinis, and performed individual dances for patrons for money; and WHEREAS, the dancers at the Sahaza Theater were convicted of municipal code violations and prostitution under Penal Code §647(b), based in part upon evidence obtained by Vice officers using hidden cameras to videotape the performers brushing their scantily-clad breasts, buttocks, and genitals up against the clothes bodies of their male patrons, and the women were convicted for violating the no-touching rule in the Anaheim Municipal Code; WHEREAS, the court of appeal in Janini reversed the convictions, fmding that the municipal code violations were preempted by state law, and WHEREAS, in adoption of this Ordinance, the City Council is mindful of legal principles relating to regulation ofsex-oriented businesses, and the City Council does not intend to suppressor infringe upon any expressive activities protected by the First Amendment of the United States and California Constitutions, but instead desires to enact reasonable time, place, and manner regulations that address the adverse secondary effects of sex-oriented businesses; .and WHEREAS, the City Council has considered decisions ofthe United States Supreme Court regazding local regulation ofsex-oriented businesses, including but not limited to:.City of Erie v. Pap's A.M. ("Kandyland'), 529 U:S. 277, 120 S.Ct. 1382, 146 L.Ed.2d 265 (2000); Barnes v. Glen Theatre, Inc. 501 U.S. 560, 111 S.Ct. 2456, 115 L.Ed.2d 504 (1991); FYV/PBS, Inc. v. City ofDallas, 493 U.S. 215,110 S.Ct. 596, 107 L.Ed.2d 603 (1990); City ofRenton v. Playtime Theatre, Inc. 475 U.S. 41, 106 S.Ct. 925, 89 L.Ed.2d 29 (1986); and Young v. American Mini Theaters, Inc. 427 U.S. 50, 96 S.Ct. 2440, 49 L.Ed.2d 310 (1976); decisions of the United States Court of Appeals for the Ninth Circuit, including but not limited to Diamond v. City of Taft, 215 F.3d 1052 (9th Cir. 2000), cert. denied 531 U.S. 1072 (2001); Isbell v. City ofSan Diego, 258 F.3d 1108 (9th Cir. 2001); Young v. City of Simi Valley; 216 F.3d 807 (9th Cir. 2000), cert. denied 531 U.S. 1104 (2001); Lim v. City ofLong Beach, 217 F.3d 1050 (9th Cir. 2000), cert. denied 531 U.S. 1191 (2001); Alameda Books, Inc. v. City of Los Angeles, 222 F.3d 719 (9th Cir. 2000), cert. granted 121 S.Ct. 1223 (2001); Baby Tam & Co., Inc. v. City ofLas Vegas ("Baby Tam II') 199 F.3d 1003 (9th Cir. 2001); =1805 Convoy, Inc. v. City of San Diego, 183 F:3d 1108 (9th Cir. 1999); Topanga Press, Inc. v. Ciry of Los Angeles, 989 F.2d 1524 (9th Cir. 1993), cert. denied 511 U.S. 1030 (1994); Kev, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986); Colacurcio v. City of Kent, 163 F.3d 545 (9th Cir. 1998), cert. denied 529 U.S.1053 (2000); several California cases, including but not limited to: Tily B., Inc. v. City of Newport Beach, 69 Ca1.App.4th 1 (1999); City of National Ciry v. Wiener, 3 Ca1.4th 832 (1992), cert. denied 510 U.S. 824; People v. Superior Court (Lucero) 49 Ca1.3d 14 (1989) ;and City of Vallejo v. Adult Books, 167 Ca1.App.3d 1169 (1985), cert. denied 475 U.S. 1064 (1986); and other federal cases, including but not limited to: Hang On, Inc. v. City of Arlington, 65 F.3d 1248 (5th Cir. 1995); Mitchell v. Commission on Adult Entertainment, 10 F.3d 123 (3rd Cir. 1993); Lakeland Lounge v. City of Jackson, 973 F.2d 1255 (5th Cir. 1992), cert. denied 507 U.S. 1030 (1993); International Eateries v. Broward County, 941 F.2d 1157 (11th Cir.1991), cert. denied 503 U.S. 920 (1992); and Star Satellite, Inc. vs. City ofBilloxi,779 F.2d 1074 (5th Cir. 1986); and WHEREAS, the judicial decisions in the public record, including those set forth in the previous recital, and the City Council further finds the following, based in part upon its understanding the experiences of the City of Anaheim with sex-oriented businesses, including (i) the Flamingo Theater, as set forth in the administrative record and the decision of the Hearing Officer, (ii) the descriptions of the police of the activities in the Sahaza Theater, including declazations and testimony relating to the Janini case: I. Evidence indicates that some dancers, models, entertainers, performers, and other persons who publicly perform .Specified Sexual Activities or publicly displayed Specified Anatomical parts in sex-oriented businesses (collectively referred to as "performers") have been found to engage in sexual activities with patrons of sex-oriented businesses on the site of the sex- oriented businesses; 2. Evidence has demonstrated that performers employed by sex-oriented businesses have been found to offer .and provide private shows to patrons who, for a price, aze permitted to observe and participate with the performers in live sex shows; 6 3. Evidence indicates that performers at sex-oriented businesses have been found to engage in acts of prostitution with patrons ofthe establishments; 4. Evidence indicates that fully enclosed booths, individual viewing azeas, as well as small rooms whose interiors cannot been seen from public azeas ofthe establishment regularly have been found to be used as locations for engaging in unlawful sexual activity; 5. As a result of the above and the increase in incidents of HIV, AIDS, Hepatitis B and Hepatitis C which aze sexually transmitted or blood borne diseases, the City has a substantial interest in adopting regulations that will reduce the possibility for the occurrence ofprostitution and unlawful sex acts at sex-oriented businesses in order to protect the health, safety, and well-being of its citizens; 6. The City finds the foregoing to be relevant to the experience of Anaheim and the need to regulate the secondary effects ofsex-oriented businesses within the community; and 7. The public health, safety, welfare, and morals of all persons in the City must be protected by the establishment of standards to diminish the possibility of infection of contagious diseases; and WHEREAS, the City Council finds, based upon observations of the City's Police Department and Code Enforcement Division staff that enforcement of Chapter 18.89 is hampered by the following: 1. Sex-oriented businesses have created barriers of various types which prevent observation ofactivities of entertainers and patrons and interfere with enforcement of Chapter 18.89; 2. Sex-oriented businesses have created dazkened azeas with little illumination to establish secluded spaces which interfere with enforcement of Chapter 18.89 by preventing observation of activities of entertainers and patrons; and 3. Sex-oriented businesses continue to allow unregulated physical contact between dancers and patrons; and WHEREAS, the City Council is cognizant of the specific danger from the sexually transmitted disease AIDS, which is currently irreversible and fatal, and takes legislative notice of statistics provided by the United States Department of Health and Human Services, Public Health Service, Centers for Disease Control and Prevention Surveillance Report of AIDS cases reported through December, 2001, including information that Orange County has a tota15,925 cases, with 286 of those reported in the yeaz 2000 and 299 reported in the yeaz 2001, with 36 of those children under 13 yeazs old; and takes further legislative notice of statistics provided by the California Department of Health Services, Office of AIDS, HIV/AIDS Epidemiology Branch ("CDHS") entitled California Top ] 0 Counties in AIDS Cases, that as of January, 2003, Orange County was 7 one of California's top 10 counties in AIDS.cases; and that as of January 31, 2003, a total of 6,226 cases had been reported in Orange County; with 3;255'deaths, leaving 2,971 residents of Orange County living with HN/AIDS; and further takes judicial notice of the CDHS Acgulred Immunodeficiency Syndrome (AIDS Only)AIDS Reporting Registry Surveillance Report for California -July 31, 2003, including information that as of July 31, 2003, an estimated 3,074 residents of Orange County were living with AIDS, an increase of 103 cases over the CDHS December 31, 2002 figures, and WHEREAS, the City is also concerned with preventing the spread of other sexually transmitted diseases such as syphilis, gonorrhea, chlamydia, hepatitis B, and hepatitis C, and takes judicial notice of the publication of the Centers for Disease Control and Prevention, Sexually Transmitted Disease Surveillance, 2001 (Atlanta, GA: U.S. Department of Health and Human Services, September 2002), which indicates, in part, that in 2001, 783,242 cases of genitai Chlamydia trachomatis infection were reported to the CDC, an increase of 10.4% compazed with the figures in 2000; that the gonorrhea rate in 2001 (128.5 cases per 100,000 population) was similar to the rates in 2000 (129:0 cases per 100,000), but exceeds the 2010 objective of 19 cases per 100,000 population; that in 2001, syphillis cases reported to the CDC increased from 5,979 to 6,103, an increase of 2.1 %; and WHEREAS, the City Council has a reasonable basis to believe that the experiences of California and Orange County, as well as the experience in other counties outlined in the reports, as to these sexually transmitted or blood borne diseases aze relevant to the experiences of Anaheim; and WHEREAS, the City Council recognizes the possible harmful effects onchildren and minors exposed to the effects ofsex-oriented businesses and recognizes the need to enact regulations which will minimize and/or eliminate such exposure and takes legislative notice of the following: (i) the Penal Code provisions authorizing local governments to regulate matters that aze harmful to minors, (such as Penal Code 313 et seq.) and (ii) the cases that recognize that protection of minors from sexuallyexplicit materials is a compelling governmentinterest,including Crawford v. Lungren, 96 F.3d 380 (9th Cr. 1996), cert. denied 520 U.S. 1117 (1997) and Berry v. City ofSanta Barbara, 40 Ca1.App. 4th 1075 (1995); and WHEREAS, the City Council .also finds the establishment of operational standazds for sex-oriented businesses is a legitimate and reasonable means'of ensuring. that: 1. Operators of and performers ofsex-oriented businesses comply with the reasonable regulations of the Code; 2. The recognized adverse secondary impacts of a proposed sex-oriented business are mitigated; 3. Sex-oriented business operators have-specific guidelines with respect to the manner in which they can operate asex-oriented business; and WHEREAS, while the City Council desires to protect the rights conferred by the United States Constitution to sex-oriented businesses, it does so in a manner that ensures the continued and orderly operation and diminishes, to the greatest extent feasible, those undesirable adverse secondary effects which the above mentioned studies have shown to be associated with the operation of sex-oriented businesses; and WHEREAS, operating standazds aze a legitimate and reasonable means of ensuring that sex-oriented businesses are conducted in a manner so as to minimize their adverse secondary effects and to help assure that such operators and businesses comply with reasonab]e regulations related to such requirements to minimize and control problems associated with such businesses and thereby protect the health, safety, and welfaze of Anaheim residents, protect citizens from increased crime, preserve the quality of life, preserve property values and the chazacter of surrounding neighborhoods and businesses, and deter the spread of urban blight; and WHEREAS, the operational requirements contained in Chapter 18:89 and in this Ordinance do not unreasonably restrict the establishment or operation ofsex-oriented businesses in the City of Anaheim; and WHEREAS, the modifications in this ordinance aze intended to clarify existing requirements, WHEREAS, the City Council, in affirming and adopting operational standazds, recognizes that these standazds do not preclude reasonable altemative avenues of communication, and takes note of the proliferation of adult material on the Intemet, satellite television, direct television, CDs, DVDs, and thatthese various media provide alternative avenues of communication; and WHEREAS, the City Council also considers and relies on published decisions examining the proliferation of communications on the Intemet, including Reno v. American Civil Liberties Union, 521 U.S. 844, 117 S.Ct. 2329, 138 L.Ed.2d (1997) (the principal channel through which many Americans now transmit and receive sexually explicit communication is the Internet); Anheuser Busch v. Schmoke 101 F.3d 325, 329 (4`s Cir. 1996), cert. denied 520 U.S. 1204 (1997) (the Fourth Circuit rejected a First Amendment challenge to a Baltimore ordinance restricting alcohol advertisements on billboazds acknowledging that the Internet is one available channel of communication); U.S. v. Hockings, 129 F.3d 1069 (9's Cir. 1997); see also U.S. v. Thomas, 74 F.3d 701(6`" Cir.1996), cert. denied 519 U.S. 820 (recognizing the Internet as a medium for transmission of sexually explicit material in the context of obscenity prosecutions); and WHEREAS, the emergence of the Intemet brings with it a virtually unlimited additional source of adult oriented sexual materials available to interested persons in every 9 community with a mere keystroke, and a-sex-oriented- business no longer has to be physically located in a city to be available in the community; and WHEREAS, the City Council has also determined that a closing hours requirement promotes the reduction of deleterious secondary effects from adult facilities and reasonably relies on prior court decisions on the need for closing hours including: Mitchell v: Comm. on Adult Entertainment, 10 F.3d 123, 131-139 (3`d Cir. 1993); Lady J. Lingerie, Inc. v. City of Jacksonville, 973 F.Supp. 1428 (M.D. Fla. 1997) Lady J. Lingerie, Inc. vs. City of Jacksonville, 176 F.3d 1358 (11's Cir. 1999); City of Colorado Springs v. 2354 Inc., 896 P.2d 272 (1995); and Center for Fair Public Policy v. Maricopa County, 2003 U.S. App. LEXIS 14918 (9r" Cir. July 28, 2003); and WHEREAS, the City Council of the City of Anaheim has also determined that locational criteria alone do not adequately protect the health, safety, and general welfaze of the citizens of the City of Anaheim and thus that certain requirements with respect to the operation of sex-oriented businesses aze in the public interest; and WHEREAS, in addition to the fmdings in studies conducted in other cities regazding increases in crime rates and blighting ofazeas in which such businesses aze located, the City Council also takes legislative notice of the facts recited in the case of Kev, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986), Colacurcio v. City of Kent, l 63 F.3d 545 (9th Cir. 1998), and Tily B., Inc. v. City ofNe~port Beach (1999) 69 Ca1.App. 4th 1, regazding how live adult entertainment facilities result in secondary effects such as prostitution, drug dealing, and other law enforcement problems; and WHEREAS, in recognition ofthese negative secondary effects generated by live adult entertainment, a number of courts have upheld distance limitations between performers and patrons, prohibitions against physical contact betweenperformers and patrons, and directpayment and receipt ofmonies between performers and patrons atsex-oriented businesses that provide live entertainment, including but not limited to: Tily B., Inc. v. City of Newport Beach (1999) 69 Ca1.App. 4th 1; Colacurcio v. City ofKent, 163 F.3d 545 (9th Cir. 1998); BSA, Inc. v. King County, 804 F.2d 1104; 1110-11 (9th Cir. 1986); Kev, Inc. y_Kitsap County 793 F.2d 1053 (9's Cir. 1986); DLS, Inc. vs. Ciry of Chattanooga, 894 F.Supp. 1140 (E.D.Tenn. 1995); Parker v. Whitfield County 463 S.E.2d 116 (Ga. 1995); and Hang On., Inc. v. City of Arlington 65 F.3d 1248 (5th Cir. 1996); and WHEREAS, the City Council believes that prohibiting physical contact between performers and patrons atsex-oriented businesses, requiring sepazate entrances for performers from those used for patrons, requiring separate restrooms for opposite sexes, and prohibiting performers from soliciting payment from patrons, aze a reasonable and effective means of addressing the legitimate governmental interests of preventing prostitution, the spread of sexually transmitted diseases, and drug transactions; and WHEREAS, in considering appropriate operational regulations for sex-oriented businesses, the City Council fords that: 10 1. Preventing the direct exchange of money between performers and patrons also reduces the likelihood of drug and sex transactions occumng in sex-oriented businesses; 2. Requiring sepazations between performers and patrons reduces the likelihood that such persons will negotiate narcotics sales and/or transact sexual favors within sex-oriented businesses; and WHEREAS, the City Council further fords that enclosed or concealed adult booths and dimly-lit areas within sex-oriented businesses greatly increase the potential for misuse of the premises, including unlawful conduct of a type which facilitates transmissions of disease; and that requiring all indoor areas to be open to view by management at all times and adequate lighting to be provided reduces the opporhrnity for, and therefore the incident of illegal conduct within sex- orientedbusinesses, and further facilitates the inspection of the interior of the premises thereof by law enforcement personnel, based on the following: 1. The City Council recognizes and relies on the findings set forth in the 1986 Attomey General's Report on Pornography in support of this Ordinance including, but not limited to, its recommendations that local governments ban certain features of video booths that facilitate carnal sexual encounters, a copy of which is available for public review at the City Clerk's office; 2. With respect to booths, these findings include the following: (i) the inside walls of the booth are typically covered with graffiti and messages, usually of a sexual nature and consisting of telephone numbers, names, requests and offers for sex acts, anatomical descriptions, and sketches; (ii) some booths also contain a chazger used as an appointment schedule that is utilized to schedule appointments for sex acts that take place in that particular booth; (iii) many of these booths aze equipped with a hole in the side wall between the booths to allow patrons to engage in anonymous sex including both oral and anal sex acts; (iv) inside the booths, the floors and walls aze often wet and sticky with liquid or viscous substances, including semen, urine, feces, use prophylactics, gels, saliva, or alcoholic beverages; (v) the City concludes, based in part on the description of the illicit sexual activity as noted within the Attorney General's Report, that the presence of closed doors is likely to lead to the above described secondary effects, 3. The City Council finds that requiring that adult booths/individual viewing aeeas be configured in such a manner so that there is an unobstructed view by the manager and prohibiting closed, concealed, or obstructed adult booths that aze occupied by no more than one person at a time reduces the secondary effects associated with adult booths; 4. The City Council reasonably relies on prior court decisions on the need for operational standazds on the regulation of individual viewing azea including Mitchell v. Comm. on Adult Entertainment, 10 F.3d 123, 131-139 (3rd Cir. 1993); Lady J. Lingerie, Inc. v. Ciry of Jacksonville,176 F.3d 1358 (11th Cir. 1999); City of Colorado Springs v. 2354, Inc. 896 P:Ld 272 (1995); Acorn Investments v. City of Seattle, 887 F.2d 219 (9th Cir. 1989); Eamon Corp. v. City of 11 Dayton 923 F.2d 470 (6th Cir. 1991); World Wide Video, Inc. v. City ofTukwila, 816 P.2d 18 (1991); 5. The provisions aze further necessary to eliminate the masturbation and sexual activity that aze known to occur in adult booths and which present significant health and safety concerns with respect to communicable diseases, including AIDS; 6. The City Council takes further note of the Ninth Circuit's decision in Ellwest Stereo Theater, Inc. v. Wenner, 681 F.2d 1243 (9's Cir. 1982) and its finding that there is no constitutional right to unobserved masturbation in a public place; and further frnds that operational standazds for adult booths aze even more critical in an individual viewing area which reduces the buffer zone between the performer and patron during offstage performances; and WI-IEREAS, it is not the intent ofthe City Council of the City ofAnaheim in enacting this Ordinance or anyprovision thereofto condone or legitimize the distribution of obscene material, and the City and its Council recognizes that State law prohibits the distribution of obscene materials and expect and encourages law enforcement officials to enforce State obscenity statutes against such illegal activities in Anaheim; and WHEREAS, the City Council does not intend to regulate in .any azea preempted by California law, including but not limited to, regulation of obscene speech, nor is it the intent of the City Council to preempt regulations of the State Department of Alcoholic Beverage Control ("ABC"); and WIdEREAS, nothing in this Ordinance is intended to .authorize, legalize, or permit the establishment, operation, or maintenance of any business, building, or use which violates any City ordinance or any statute of the State of California regazding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness, obscene or harmful matter, or the exhibition or public display thereof; and WHEREAS, this Ordinance is further justified by the fact that without these regulations the City will be prohibited from furthering its substantial governmental interest in protecting its residents from the aforementioned negative secondary effects caused by the unregulated operation of sex-oriented businesses; and WHEREAS, this ordinance is necessary for the preservation of the public peace, health and safety, which is justified by the fact that these operating standazds need to be in place or the operation of existing facilities, or the siting of a new adult facility, could detrimentally impact the City's ability to protect the public from the negative secondary effects of an unregulated operation orunder-regulated sex-oriented business(es); and WHEREAS, on July 9, 1996, the City Council approved Resolution No. 96R-123, effective August 8, 1996, approving the form application for asex-oriented business, including a 12 checklist of requirements for a completed application; to ensure that the determination as to completion of an application is ministerial; and WHEREAS, the City Council wishes to revise existing provisions of Chapter 18.89 relating to the imposition of conditions on sex-oriented business Permits by the Hearing Officer to reflect the existing practice in the City of Anaheim, whereby the Heazing Officer's conditions aze not discretionary, but require implementation and maintenance of characteristics of the proposed operation, such as the maximum number ofpatrons based on available parking, to ensure compliance with specific requirements in Chapter 18.89; and WHEREAS, the City Council declazes that it would have adopted the locational and operational provisions of Chapter 18.89 even in the absence ofthe permit issuance provisions ofthat Chapter; and WHEREAS, the City Council recognizes the Illuminating Engineering Society of North America "(IESNA") has established a methodology for determining lighting power densities for various types of uses, establishing recommended weighted footcandle standazds for individual spaces, which standazds provide objective measures for lighting in various types of sex-oriented businesses; and WHEREAS, based upon IESNA standazds, the City Council wishes to establish minimum footcandle requirements for sex-oriented businesses; and WHEREAS, copies of all studies, cases and materials cited in the foregoing record, including the administrative record of the proceedings relating to the revocation and denial of renewal of Flamingo Theater's sex-oriented business permit, and the record of the court proceedings in People v. Janini, which expressly details the City's f-rst hand experiences demonstrating secondary impacts in two sex-oriented businesses have been available to the City Council and made available during the Council's consideration of this ordinance; and WHEREAS, as provided in the severability clause of this ordinance, in the event of invalidation of anyprovision of Chapter 18.89, including the provisions relating to permit issuance, any sex-oriented business which operates in the City will be deemed to be operating subject to the requirements of Chapter 18.89, including, but not limited to, the locational and operational requirements, which would have been adopted independent of the permit issuance provisions; and WHEREAS, the continuing application of the locational and operational provisions of Chapter 18.89 is necessary in order to protect the public health, .safety and welfaze by providing a mechanism to address the harmful secondary effects associated with the establishment and operation of unregulated or underregulated sex-oriented business in the event the City's permit issuance procedures aze invalidated by a court of competent jurisdiction. 13 NOW, THEREFORE, THE-:CITY :COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That subsection .010 of Section 18.06.090 of Chapter 18.06 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "010 Any application for a waiver or deviation from the provisions of this chapter relating to off-street pazking requirements for any sex-oriented business, as defined in Chapter 18.89.020 of this Code, shall be determined by the City Hearing Officer appointed pursuant to the provisions of 1.12.110, following a duly noticed public hearing thereon held in accordance with the same procedure as set forth in subsection .040 of Section 18.89.030 of this Code which public hearing shall, upon the request of the applicant, be combined with the public hearing required for issuance of the sex-oriented business permit as required pursuant to said subsection .040 of Section 18.89.030." SECTION 2. That subsection 18.89.030.040 of Section 18.89.030 of Chapter 18.89 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended (to revise pazagraphs .0401 and .0406) to read as follows: ".040 Processing of Application .0401 Within five (5) business days following the receipt of an application pursuant to this section, the License Collector shall determine whether said application contains all information required by the provisions of this chapter. if it is determined that said application is not complete, the owner (as defined in Section 18.89.020) shall be notified in writing within said five (5) day period that such application is not complete and the reasons therefor, including any additional information necessary to render the .application complete. The owner shall be permitted to submit an amended application or provide all necessary information to render the application complete. Within five (5) business days following the receipt of any such amended application or supplemental information, the License Collector shall again determine whether said application is complete in accordance with the procedures set forth in this subsection. Upon a determination that said application is complete, either upon its initial submittal or upon receipt of any amended application or supplemental information, the owner shall be notified in writing by the License Collector that the application is complete. All notices required by this subsection shall be deemed given upon the date of either (I) deposit of such notice in the course of transmission with the United State Postal Service, first class mail, 14 postage prepaid, and addressed,to-the-owner, or {ii) personal service of such notice upon the owner. Upon determination that the application is complete, the License Collector shall immediately transmit such completed application to the Wig, • > City Hearing Officer appointed pursuanf to the provisions of 1.12..100 (hereinafter the "Hearing Officer") for processing in accordance with pazagraphs .0402 through .0405, inclusive, of this subsection .040. .0402 The Hearing Officer shall conduct a public hearing upon said completed application. Notice of said public hearing shall be given in the manner provided for conditional use permits as set forth in Section 18.03.060 of this Code except that said public hearing shall be held within forty-five (45) fiftgf56j calendaz days following the date said application was deemed complete pursuant to pazagraph .0401 above, unless the Owner, or the Owner's authorized representative, expressly agrees to an extension of such period of time. Notice of the time and place of the hearing shall be given to the applicant at least fifteen (15) calendaz days in advance of the date set for the public hearing. Said public hearing shall be completed by the Hearing Officer on the same date on which it is scheduled and held unless continuance of said public hearing is expressly approved by the Owner, or the Owner's authorized representative, at or prior to the scheduled date of said public heazing. .0403 Within ten (10) calendaz days following the completion of the public hearing specified in pazagraph .0402 above, the Hearing Officer shall approve such application if it is determined that the requirements of this chapter have been met and if the application and evidence submitted show that the proposed sex-oriented business complies with the requirements of subsection 18.89:030.050 as hereinafter set forth; otherwise the application shall be denied. [The Hearing Officer shall impose conditions upon such approval as~re-reasrocrablp neeessaty to assure compliance with the requirements of this chapter. In the event of denial of the application, the Hearing Officer shall specify in writing the grounds upon which the application is denied. Notice of the decision of the Hearing Officer shall be given in writing to the owner, and to any other person or entity expressly requesting notice thereof, in the same manner as provided for the giving of notices in pazagraph .0401 above. The decision of the Hearing Officer shall also be immediately transmitted to the License Collector for issuance or denial ofthe permit. The decision ofthe Hearing Officer shall be deemed final notwithstanding anyother provision of this Code to the contrary. .0404 Immediately upon receipt of a decision by the Hearing Officer approving or conditionally approving such application, the License Collector shall issue the sex-oriented business permit to the owner. Such permit shall be deemed 15 subject to any conditions of approyalimposed by the Hearing Officer pursuant to paragraph .0403. .0405 .For puiposes of any public hearing required pursuant to this chapter, the term "~.:~~..~~ ~~::~~~;,." w~ u~eu u- ~u~~~~~ __ .,,~,. _ r.,_: _ ~ _ _._ _ _ , ~ ~~ ~~ ~ «hearing officer" shall be deemed to refer to the City Hearing Officer. .0406 Notwithstanding anything herein to the contrary, when required, prompt judicial review shall be afforded as provided by subsection 18.02.060.020 of this Code." SECTION 3. That subsection 18.89.030.050 of Section 18.89.030 of Chapter 18.89 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".050 Requirements for Sex-Oriented Businesses. It shall be unlawful for any person or entity to own, operate or conduct any sex-oriented business, or for any person to engage or participate in any specified sexual activities or display or expose any specified anatomical parts except in compliance with the requirements of this subsection .050 as hereinafter set forth. .0501 The sex-oriented business shall be located in a zone permitting the proposed use, provided the premises shall be located outside the boundaries of any redevelopment azea established by ordinance of the City of Anaheim. .0502 The sex-oriented business shall not be located within four hundred (400) feet of any residential zone or residential use, whether such residential zone or use is within or outside the corporate boundaries of the City of Anaheim. .0503 The sex-oriented business shall not be located within one thousand (1,000) feet of any lot upon which there is located-any religious institution, public pazk, any public or private elementary, secondary, middle, junior high, or high school, whether such use is within or outside the corporate boundaries of the City of Anaheim. .0504 The sex-oriented business shall not be located: .Ol south of Crescent Avenue if located west of Gilbert Street; or south of La Palm Avenue if located east of Gilbert Street; or 16 .02 east of Jefferson Street. .03 (Deleted)" - - .0505 Not more than two (2)sex-oriented businesses shall be located within any circulaz azea having a radius of two thousand five hundred (2,500) feet. Further, such businesses shall be located either (i) in contiguous building units sharing at least one common wall with another sex-oriented business, or (ii) upon contiguous parcels of property each of which pazcels is exclusively devoted to use as asex-oriented business, or (iii) at least one thousand (1,000) feet from any other .sex-oriented business. .0506 For the purposes of this subsection .050, all distances shall be measured in a straight line, without regazd to intervening structures or objects, from the neazest point ofthe premises where said sex-oriented business is conducted to the neazest property line of any lot zoned or used for residential uses other than a residential lot under resolution of intent to any nonresidential zone, or to the neazest property line of any lot upon which is located a religious institution, public pazk or school, or to the neazest point ofthe premises of any other sex-oriented business. The word "premises," for purposes ofthis Section 18.89.030, shall mean the building (if the sex-oriented business occupies the entire building), or sepazate portion of any building, used for asex-oriented business. :0507 The sex-oriented business shall be conducted wholly within abuilding and shall not be located, in whole or in part, within any portable stmcture. .0508 At all times that the Sex-Oriented Business is open to the public, there must be present and available on the premises a person who is the on-duty Manager or on-duty Acting Manager of the Business responsible for operation ofthe Business who shall be so identified as the on-duty Manager or on duty Acting Manager by a badge bearing the word "MANAGER" in block capital letters not less than 1/4" in height wom in a conspicuous and clearly visible location on the chest, and who shall have on his or her person a valid, unrevoked Sex-Oriented Business Employee Identification Cazd issued pursuant to the provisions of Section 18.89.035. .0509 The sex-oriented business shall not conduct any massage, acupuncture, figure modeling, tattooing, acupressure or escort services and shall not allow such activities on the premises. .0510 Any sex-oriented business which allows customers to remain on the premises while viewing any live, filmed or recorded entertainment, or while using 17 or consuming the productsor services supplied on the premises, shall conform to the following requirements: _ _ .O1 At least one security guazd shall be on duty outside the premises, patrolling the grounds and parking azeas, at all times while the business is open. The security guazd(s) shall be chazged withpreventing violations oflaw and enforcing compliance by patrons with the requirements of this chapter. Any security guard required by this subpazagraph shall be uniformed in such manner so as to be readily identifiable as a security guard by the public. All security guards shall be licensed under California State Private Security Services Act, Business and Professions Code Section 7580, et seq. No security guard required pursuant to this subpazagraph shall act as a doorperson, ticket seller, ticket taker, or admittance person while acting as a security guard hereunder. .02 Landscaping shall conform to the standazds established for the zone, except that, if the sex-oriented business is the sole use on a lot, no planting shall exceed thirty (30) inches in height, except trees with foliage not less than six (6) feet above the ground. .03 The entire exterior grounds, including the pazking lot, shall be lighted sufficiently to permit the security personnel to observe activity on the grounds and within automobiles. .04 The premises within which the sex-oriented business is located shall provide sufficient sound-absorbing insulation so that noise generated inside said premises shall comply with the requirements of Section 6.70.010 of the Anaheim Municipal Code. .OS No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times. .06 Permanent barriers shall be installed and maintained to screen the interior of the premises from public view for each door used as an entrance/exit to the business. .07 All interior areas accessible to patrons shall be illuminated to the level established by resolution of the City Council for the type of use, based upon recommended standards established by the Illuminating Engineering Society of North America, a recognized technical authority 18 on illumination, but in no event less than ten foot-candles, minimally maintained and evenly distributed at ground level. .OS It shall be the duty of the owner(s) and it shall also be the duty of all employees present on the premises to insure that the illumination described above is maintained at all times that any patron is present on the premises. .0511 All indoor azeas ofthe sex-oriented business accessible to the public within which patrons aze permitted, except restrooms, shall be open to public view at all times. "Accessible to the public" shall include, but not be limited to, those areas which are only accessible to members of the public who pay a fee and/or join a private club or organization. .0512 Except as specifically provided in this chapter, the sex-oriented business shall comply with the zoning, pazking, development and design standards applicable to the zone in which the business is located. .0513 No sex-oriented material or sex-oriented merchandise shall be displayed in such manner as to be visible from any location other than within the premises occupied by the sex-oriented business. .0514 No person under the age of eighteen (18) yeazs shall be permitted within the premises at any time. .0515 The sex-oriented business shall not operate or be open between the hours of 2:00 a.m. and 9:00 a.m. .0516 The sex-oriented business shall provide and maintain sepazate restroom facilities for male patrons and employees and female patrons and employees. Male patrons. and employees shall be prohibited from using the restroom(s) for females, and female patrons and employees shall be prohibited from using the restroom(s) for males, except to carry out duties of repair, maintenance and cleaning of the restroom facilities. The restrooms shall be free from all sex-oriented materials and sex-oriented merchandise. Restrooms"shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The foregoing provisions ofthis pazagraph .0516 shall not be applicable to asex-oriented business which deals exclusively with sale or rental of merchandise which is not used or consumed on the premises, such as asex-oriented bookstore, and which does not provide restroom facilities to its patrons or the general public. :0517 The location, configuration, size and appeazance of the premises and the structure thereon, and the floor plan layout of the interior of the structure, 19 including, if the Sex-Oriented Business-provides live entertainment, the seating arrangement therein, shall'be as shown on the site plan and floor plans approved in connection with approval of the Sex-Oriented Business Permit. No modification of said site plan and/or floor plans, including alteration in the configuration or location of a manager's station(s), which would interfere with enforcement of Chapter 18.89, or obstruct the view of areas accessible to the public, shall be made unless the Owner first obtains a modification of the Sex-Oriented Business Permit in accordance with the procedures for obtaining aSex-Oriented Business Permit set forth in this Section 18.89.030. No modification of said site plan and/or floor plans which would result in a violation of the provisions of this chapter shall be permitted. .0518 "Individual viewing azea" shall mean a viewing azea designed for occupancy by one person. Individual viewing azeas ofthesex-oriented business shall be operated and maintained without any hole or other opening or means of direct communication or visual or physical access between the interior space of two (2) or more individual viewing azeas. :0519 The following additional regulations shall pertain to sex-oriented businesses which provide more than one viewing azea: .Ol Upon application for asex-oriented business permit, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations, the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed thirty-two (32) squaze feet of floor azea with no dimension greater than eight (8) feet. The diagram shall also designate the place at which the sex-oriented business permit and City business license will be conspicuously posted. A professionally prepazed diagram in the nature of an engineer's or azchitect's blueprint shall not be required; however, each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale with mazked dimensions sufficient to show the various internal dimension of all azeas of the interior of the premises to an accuracy of plus or minus six (6) inches. ~,.~ ,.,..~..~~ ~~,t~;tv~snars-watcrumc 20 :04 It is the duty of the owner(s) to insure that at least one (1) employee is on duty and situated at each manager's station at all times that any patron is present inside the premises. .OS The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every azea of the premises to which any patron is permitted access for any purpose excluding restrooms. If the premises has two (2) or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each azea of the premises to which any patron is permitted access for any purpose, excluding restrooms, from at least one (1) of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station. .06 It shall be the duty of the owner(s) and it shall also be the duty of all employees present on the premises to insure that the view area specified in subsection .OS remains unobstructed by any doors, walls, persons, merchandise, display racks or other materials at all times and to insure that no patron is permitted access to any azea of the premises which has been designated as an azea in which patrons will not be permitted in the application filed pursuant to subpazagraph :Ol of this pazagraph .0518. .07 No individual viewing azea may be occupied by more than one (1) person at any one time. .0520 The following additional requirements shall pertain to Sex-Oriented Businesses providing live entertainment revealing or depicting Specified Anatomical Parts or involving Specified Sexual Activities: 21 .O1 No person shall ;perform; and no owner, operator, or manager of a Sex-Oriented Business shall permit, live entertainment revealing or depicting Specified Anatomical Parts or engaging in Specified Sexual Activities for patrons of aSex-Oriented Business except where: (a) performed upon a stage located at least eighteen (18) inches above the level of the floor; and (b) a distance of at least six (6) feet, measured horizontally, is maintained between the neazest azea occupied by patrons and the portion of the stage occupied by an entertainer, at all times during which such entertainer is revealingor depicting Specified Anatomical Parts or engaging in Specified Sexual Activities. (c) Notwithstanding any other provision of this chapter, any Sex-Oriented Business lawfully in existence and providing live entertainment revealing or depicting Specified Anatomical Parts upon a stage prior to July 20,1993 (the "Legal Nonconforming Business"), which stage and the patron seating azea therefor have been lawfully in existence, without material modification thereto, since prior to October 5, 1993 (the "Preexisting Stage and Seating Area"), and which Preexisting Stage and Seating Area, or any portion thereof, must be reconstructed, reconfigured or modified to conform to the requirements of this subpazagraph .O1 (the "Required Remodeling"), and which Required Remodeling necessarily results in the reduction of usable patron seating azea and the number of seats having a view of the stage, may reconfigure the usable patron seating azea by the addition thereto of a replacement azea and replacement number of patron seats not greater than the size of the azea and number of patron seats lost as a result of the Required Remodeling. Nothing contained herein shall authorize an increase in the total available squaze footage of patron seating azea or an increase in the total available number of patron seats having a view of the stage above the respective amounts which lawfully existed prior to the Required Remodeling. .02 The Sex-Oriented Business shall provide separate dressing room facilities for entertainers which aze exclusively dedicated to the entertainers' use. .03 The Sex-Oriented Business shall provide anentrance/exit to the premises for entertainers which is sepazate from the entrance/exit used by patrons.. 22 .04 No patron, guest. or,invitee shall directly pay or give any gratuity to any entertainer who erigages in any Specified Sexual Activities or displays any Specified Anatomical Parts in aSex-Oriented Business and no such entertainer shall directly accept any pay or gratuity from any patron, guest or invitee of the Sex-Oriented Business. .OS No entertainer shall have physical contact with any patron, and no patron shall have physical contact with any entertainer, while on the premises which physical contact involves the touching of the clothed or unclothed genitals, pubic azea, buttocks, cleft of the buttocks, perineum, anal region, or female breast with any part or azea of such other person's body either before, during or after performances by such entertainer. .06 No waiter, waitress, entertainer or other person employed on the premises as an employee or as an independent contractor shall violate the provisions of Section 7.16.060 of the Anaheim Municipal Code while on the premises. .07 Fixed rail(s) at least thirty (30) inches in height shall be maintained establishing the sepazations between entertainers and patrons required bythis pazagraph .0520. .08 The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every azea of the premises to which any patron is permitted access for any purpose excluding restrooms. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each azea of the premises to which any patron is permitted access for any purpose, excluding restrooms, from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station. .09 It shall be the duty of the Owner(s) and it shall also be the duty of all employees present on the premises to insure that the view area specified in subsection .08 remains unobstructed by any doors, walls, persons, merchandise, display racks or other materials at all times and to insure that no patron is pemvtted access to any azea of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection 18..89.030.030. .10 No entertainer shall be permitted to perform unless the entertainer has readily available ~ on the premises a valid 23 .Sex-Oriented Business Employee Identification Cazd as required by Section 18.89.035. - .11 The Owner shall keep on the premises available for inspection a copy of each entertainer's, and of each Manager and/or Acting Manager's Sex-Oriented Business Employee Identification Cazd. .0521 Signage shall conform to the standazds applicable to the zone except that such signs (i) shall contain no sign copy other than the business name and the street address, and the notice required by subsection 18.89.040.010 on the entrance door to the premises, (ii) shall contain no flashing lights, and (iii) shall contain no photographs, silhouettes, drawings, statues, monuments, sign shapes or sign projections, or other graphic representations, which depict the human body or anatomy, or any portion thereof, whether clothed or unclothed, including without limitation representationsthat depict "specified anatomical parts" or "specified sexual activities." -------. - •~•, a.a.v ~. ~ vv.u~ a.va vv .va.uwv vi viL~rLLIYU aal 4 LLLCLLllII.l VV 111.1 l.U~' Tj J [LL1Glll1 6enerai-T}an: No banners or other temporary signs shall be placed anywhere upon or within the premises in such manner as to be visible from any location other than within the premises occupied by the sex-oriented business. .0522 The foregoing applicable requirements of this subsection .050 shall be deemed conditions of permit approval, and failure to comply with each and all of such requirements shall be grounds for (i) revocation of the sex-oriented business permit issued pursuant to this chapter and/or (ii) criminal prosecution pursuant to Section 18.89.100 i ~6}3~0 of the Anaheim Municipal Code regazdless of whether such business, person or entity has been issued asex-oriented business permit. .0523 Submitting false or misleading information on the application shall constitute grounds for denial or revocation of the sex-oriented business permit." SECTION 4. That Section 18.89.050 of Chapter 18.89 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "18.89.050 PERMIT DURATION. Asex-oriented business permit shall be valid from the date of permit approval as long as the applicant remains in compliance with the conditions of the permit and the provisions of 18.89." 24 SECTION 5. That Section 18.89.060 of Chapter 18.89 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "18.89:060 ,CHANGE OR ALTERATION OF BUSINESS. . `.~j'je'a- - - tG11G WGV V31 u ~ , , - , n1 n1 Tf.l _T _!'•_ll__a_~L_ ._ww ZIVOLL G V1LLG11L.G LL14L L311. 1L.1i LL11 L.11 11.11LJ 1V1 f _ . , 1 . ' , f 25 ' ' , , - .Any change or alteration in the location or, nature ar-aperation of the Sex-Oriented Business, or any change of operation, including modification of site plan and/or floor plans, including alteration in the confeguration or location of a manager's station(s), which would interfere with enforcement of Chapter 18.89, or obstruct the view of areas accessible to the public will require a new application to be processed in the same manner as the original application. No change of change or alteration which would result in a violation of the provisions of this chapter shall be permitted. " SECTION 6. That subsections 18.89.020, 18.89.080.030 and 18.89.080.040 of Section 18.89:080 of Chapter 18.89 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, amended to read as follows: ".020 The License Collector shall revoke aSex-Oriented Business Permit when: .0201 Any of the applicable requirements contained in Section 18.89.030 ceases to be satisfied, as set forth in paragraph .0206; 26 .0202 The application is discovered to contain incorrect, false or misleading information; :0203 The permit holder is convicted of a felony or misdemeanor occurring upon, or relating to the premises or lot upon which the Sex-Oriented .Business is located which offense is classified by the State as an offense involving sexual crime against children, sexual abuse, rape, distribution of obscene material or material harmful to minors, prostitution or pandering, including, but not necessarily limited to the violation of any crime requiring registration under California Penal Code Section 290, or any violation of Penal Code Sections 243.4, 261, 261.5, 264.1, 266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through 311.10, inclusive, 314, 315, 316 or 647; .0204 If, on two or more occasions within a twelve (12) month period, a person or persons has (have) been convicted of a felony or misdemeanor for an offense set forth in subsection .0203 above, or for violation of pazagraph .0520, subpazagraphs .Ol, .04, .OS and/or .06 of subsection 18.89:030.050, as a result of such person's activity on the premises or property on which the Sex-Oriented Business is located, and the person or persons were employees, contractors or agents of the Sex-Oriented Business at the time the offenses were committed; .0205 If the permit holder or an employee has knowingly allowed prostitution, or solicitation for prostitution, on the premises; or .0206 The Sex-Oriented Business has been operated in violation of any ofthe requirements of this Chapter and, (i) if the violation is of a continuous nature, the Business continues to be operated in violation of such provision for more than ten (10) days following the date written notice of such violation is mailed or delivered to the Owner, or (ii) ifthe violation is of a noncontinuous nature, two (2) or more additional violations of the same provision, or four (4) or more violations of any other of the provisions, of this Chapter occur (regazdless of whether notice of each individual violation is given to Owner) within any twelve (12) month period, .0207 Notwithstanding the foregoing, a permit. shall not be revoked for a violation of Section 18.89.030.050.0514 if the accused can show, by clear and convincing evidence, that he or she did not know, and could not reasonably have learned, that the person on the premises was under 18 years of age. .030 Upon determining that grounds for permit revocation exist, the License Collector shall furnish written notice of the proposed revocation to the permit holder. Such notice shall summarize the principal reasons for the proposed revocation; shall state that the permit holder may request a hearing within fifteen (15) calendaz days of the postmazked date on the notice; 27 and shall be delivered both by posting the notice at the location of the Sex-Oriented Business and by sending the notice by certified mail, postage prepaid, addressed to the Permit holder as that name and address appear on the Permit. Within fifteen (15) calendaz days after the later of the mailing or posting of the notice, the Permit holder may file a request for heazing with the License Collector. If the request for a hearing is filed within fifteen (15) calendaz days of the mailing or posting of the notice referred to herein, the License Collector shall transmit the request to the City Hearing Officer 1bl~r~gerto provide a hearing asset forth in Subsection 18.89.080.040 of this Chapter. .040 , The Hearing Officer shall conduct a public hearing upon the proposed revocation of the Sex-Oriented Business Permit within forty-five (45) calendaz days of the filing of such request by the permit holder. Notice of said public hearing shall be given in the manner provided for conditional use permits as set forth in Section 18.03.060 of this Code except that said public hearing shall be held within forty-five (45) calendaz days following the filing of such request by the permit holder unless the Owner, or the Owner's authorized representative, expressly agrees to anextension of such period of time. At the hearing, the permit holder and the City shall be entitled to present relevant evidence, testify under oath and call witnesses who shall testify under oath. The Hearing Officer shall not be bound by the statutory rules of evidence in the hearing, except that heazsay evidence may not be the sole basis for the determination of the Heazing Officer." SECTION 7. That subsection .050 of Section 18.89.090 ofChapter 18.89 ofTitle 18 ofthe Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".050 Within thirty (30) calendaz days following the receipt of a completed application, the License Collector shall transmit the application and file to the City Hearing Officer , . The Hearing Officer shall within twenty (20) calendar days thereafter conduct a hearing upon such application. Notice of such hearing shall be given in writing to the owner of the property upon which the business is located, the owner of the business, the holder of the business license for the business, and the License Collector. Such notice shall be given by first class mail, postage prepaid, and shall be deposited in the course of transmission with the United States Postal Service not less than ten (10) calendaz days prior to the date ofthe hearing. Such notice shall specify the date, time, place and subject matter of the hearing." SECTION 8. That subsection .100 of Section 18.89.090 of Chapter 18.89 of Title 18 ofthe Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 28 ".100 Nosex-oriented business which was rendered nonconforming by the adoption of this chapter 18.89 shall continue to be operated in the City of Anaheim without complying with all of the provisions of this chapter otherwise applicable to such sex-oriented business following expiration of the amortization period set forth in subsection .010 above or any extension thereofspecifically approved for such sex-oriented business pursuantto this Section 18.89.090. .110 Asex-oriented business lawfully operating as a conforming use is not rendered a nonconforming use solely by reason of the subsequent establishment of a religious institution, public or private elementary, secondary, middle, junior high or high school, or park within one thousand (1,000) feet, or a residential zone or a residential use within four hundred (400) feet, of the sex-oriented business. ~3us .120 Notwithstanding any other provision of this Section 18.89.090 to the contrary, any sex-oriented business which either (i) was lawfully existing on July 20, 1993, and has continued to lawfully exist at the same location since such date, or (ii) obtained asex-oriented business permit issued by the License Collector prior to the effective date of this subsection and has continued to comply with all terms and conditions of such permit and any renewal thereof, or (iii) obtains asex-oriented business permit issued by the License collector at a location which has previously obtained a duly issued sex-oriented business permit, shall be deemed exempt from the locational requirements set forth in paragraphs .0501 through .0506, inclusive, of subsection .050 of Section 18.89.030 ofthis chapter (the "location requirements"),and from the signage requirements set forth in subpazagraph .07 of pazagraph :0510 of subsection :050 of Section 18.89.030 ofthis chapter (the "signage requirements"), and said use shall not be required to be discontinued or relocated because of such location or signage requirements. Any such existing legal nonconforming use shall comply with all of the other provisions of this chapter, except the location and signage requirements, within the time and manner otherwise provided in this Section 18.89.090. No such legal nonconforming use shall be (i) increased, enlazged, extended or expanded in size, azea or seating, or (ii) changed, converted or altered from one type or category ofsex-oriented business to a differenttype orcategory ofsex-oriented business, as such types and categories of businesses are defined in Section 18.89.020 of this chapter, without complying with said location requirements. No signage of any such legal nonconforming use shall be increased, enlazged, extended, expanded, relocated, reconstructed, or in any way altered or changed (except for name changes), without such changes complying with said signage requirements." 29 SECTION 9. That Section 18.89.100 of Chapter 18.89 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "18.89.100 VIOLATIONS Failure to comply with .any requirement ofthis Chapter shall constitute a violation of this Chapter. In addition to any other remedies provided by law or set forth in this Chapter, anpviolatian o€fiFiis-E/hapterbpnperation of asex-oriented business by any person, including licensees and/or their agents and employees, independent contractors and/or volunteers without a valid Sex-Oriented Business Permit authorizing said operation shall be a misdemeanor punishable as set forth in Section 1.01.370 of this Code. Violations of this Chapter, other than a operation of a sex- oriented business without a permit, shall not constitute a misdemeanor or infraction, but may be enforced by any other remedy at law or equity. In addition to any other available remedy, any establishment operated, conducted or maintained contrary to the provisions ofthis chapter is unlawful and a public nuisance, and the City Attorney may commence an action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such sex-oriented-oriented business and restrain and enjoin any person from operating, conducting or maintaining such an establishment contrary to the provisions of this chapter. Neither the provisions of this Section nor any other provision of Chapter 18.,89 is intended to authorize, legalize, or permit the establishment, operation or maintenance of any business, building, or use which violates any City ordinance or any statute of the State of California regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness, obscene or harmful matter, or the exhibition or public display thereof." SECTION 10. SEVERABILITY The City Council of the City of Anaheim hereby declazes that should any section, pazagraph, sentence or word ofthis ordinance of the Code, hereby adopted, or of Chapter 18.89 of the Code, be declazed for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions ofthis ordinance or the remaining portions of Chapter 18.89; it being the intent of the Council that it would have passed all other portions of this ordinance, and all other portions of Chapter 18.89, independent of the elimination of any such portion as may be declazed invalid. In the event a court of competent jurisdiction renders a decision facially invalidating the permit issuance process contained in this Chapter, any Sex-Oriented Business which operates in the City shall be deemed to be operating subject to the locational and operational requirements contained in Chapter 18.89, as the same may be amended from time to time. 30 SECTION 11. SAVINGS CLAUSE This ordinance is declarative of existing law for reasons which include, without limitation, the existing provision establishing that the Hearing Officer's decision on a permit for a sex-oriented business is final, thereby expediting review (AMC 18.89.030.040.0403). Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof, including violations committed prior to the effective date hereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this day of , 2003. MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 51197.1\smann\October 2, 2003 31