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PC 2004/07/26e ~, a Monday, July 26, 2004 Council Chamber, City Hall 200 South Anaheim Boulevard. Anaheim. California ® Chairperson: Gail Eastman ® Chairperson Pro-Tempore: David Romero • Commissioners: James Vanderbilt-Linares, Jerry O'Connell, Kelly Buffa, Cecilia Flores, (One Vacant Seat) ® Call To Order Planning Commission Morning Session 11:00 A.M. • Staff update to Commission on various City developments and issues (As requested by Planning Commission) • Preliminary Plan Review for items on the July 26, 2004 agenda ® Recess To Afternoon Public Hearing Session • Reconvene To Public Hearing 1:30 P.M. For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary. ® Pledge Of Allegiance ® Public Comments ® Consent Calendar . Public Hearing Items ® Adjournment You may leave a message for the Planning Commission using the following e-mail address: planninocommission(o~anaheim.net H:\docs\dlerical\agendas\072604.doc 07/26/04 Page 1 Anaheim Planning Commission Agenda - 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: The Report and Recommendation items 1-A and 1-B 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. Reports and Recommendations 1A. Receiving and approving the Minutes from the Planning Commission Meetings of July 12, 2004. (Motion) 1B. Receiving and approving supplemental detailed Minutes for Item No. 7, Conditional Use Permit No. 2004-04854, from the Planning Commission Meeting of June 14, 2004, scheduled to be heard as a public hearing item before City Council on Tuesday, August 24, 2004. (Motion) 07/28104 Page 2 Public Hearing Items: 2a. CEQA Negative Declaration 2b. Waiver Of Code Requirement 2c. Conditional Use Permit No. 2004-04861 Owner: 230 West Colchester, CALP, c/o Chris DRiggiero, P.O. Box 304, Hermosa Beach, CA 90254 Agent: Joseph Curd, Curd, Gallindo and Smith, LLP, 301 East Ocean Boulevard, #460,1_ong Beach, CA 90802 Location; 2230 West Colchester Drive. Property is approximately 0.87-acre, located at the southeast corner of Colchester Drive and Colony Street. Request to permit and retain two existing churches, a narcotics anonymous meeting hall, and to establish land use conformity with the City's zoning code requirements for an existing non-conforming commercial retail center with waiver of minimum number of parking spaces. Continued from the June 28, 2004, Planning Commission Meeting Conditional Use Permit Resolution No. 3a. CEQA Categorical Exemption -Class 1 3b. Conditional Use Permit No. 2004-04852 (Readvertised) Owner: Cedar Mountain, LLC, 110 East Walnut Avenue, Fullerton, CA 92835 Agent: Leon Alexander, Briggs and Alexander, 558 South Harbor Boulevard, Anaheim, CA 92805 Location: 2916 West Lincoln Avenue. Property is approximately 0.7-acre, having a frontage of 89 feet on the south side of Lincoln Avenue, located 315 east of the centerline of Laxore Street (EI Calor Restaurant). Request to permit a nightclub. Continued from the June 28 and July 12, 2004, Planning Commission Meetings. Conditional Use Permit Resolution No. Request for continuance to August 9, 2004 Project Planner: John Ramirez t o ra m i re z to a n a h e m. n et ) sr5105jr.doc Q.S. 34 Project Planner: Amy Vazquez (avazguez(a~anahem, net) sr8750av.doc Q.S. 13 07/26/04 Page 3 4a. CEQA Negative Declaration (Readvertised) 4b. Waiver Of Code Requirement 4c. Conditiona'I Use Permit No. 2004-04866 Owner: Rebeca Rosemberg, 255 South Euclid Street, Anaheim, CA 92802 Transwestern Commercial Services, 2990 East La Palma Avenue, Unit D, Anaheim, CA 92806 Agent: Mario Ortner, 5638 Natick Avenue, Van Nuys, CA 91411 Location: 255 South Euclid Street. Property is approximately 6:67 acres, located at the northwest corner of Euclid Street and Broadway. Request to establish a commercial retail center and to construct a four (4)-unit commercial retail building (food court) and freestanding drive- through restaurant on a commercial property with waiver of (a) minimum number of parking spaces and (b) minimum drive-through lane requirements. Continued from the July 12, 2004, Planning Commission Meeting. Conditional Use Permit Resolution No. 5a. CEQA Negative Declaration 5b. Reclassification No. 2004-00125 Owner: William Taormina, 128 West Sycamore Street, Anaheim, CA 92805 Agent: Stanley E. Wise, P.O. Box 18237, Anaheim, CA 92817 Location: 2040 South Haster Street. Property is approximately 0.28-acre, having a frontage of 96 feet on the east side of Haster Street, located 183 feet south of the centerline of Leatrice Lane. Request reclassification of the property from the "T' (Transition), formerly the RS-A-43,000 (Residential/Agricultural) zone to the RM-4 (Multiple- Family Residential) zone, or a less intense zone to construct a 6-unit apartment complex. Reclassification Resolution No. Project Planner: Elaine Yambao (evambao(a)anaheim.net) sr3074ey.doc Q.S. 47 Project Planner: John Ramirez fQramirez(o7anaheim.net) sr5104jr.doc Q.S. 98 07/26/04 Page 4 6a. CEQA Categorical Exemption -Class 3 6b. Conditional Use Permit No. 1341 (Tracking No. CUP2004-04867) Owner: JMA, 400 North State College Boulevard, Anaheim, CA 92806 Agent: Felix Obamogie, 2278 Navarro Avenue, Altadena, CA 91001 Location: 400 North State College Boulevard. Property is approximately 0.8-acre, having a frontage of 176 feet on the east side of State College Boulevard, located 508 feet south of [he centerline of Sycamore Street (State College Car Wash). Project Planner: Amy Vazquez Request to amend exhibits for apreviously-approved car wash in order to (avazouez(a~anaheim.net) construct an accessory oil change tunnel. sr6757av.doc Conditional Use Permit Resolution No. Q.S. 112 7a. CEQA Categorical Exemption -Class 1 7b. Conditional Use Permit No. 2004-04866 Owner: Brookhurst Group, LLC, 1026 South Wall Street, #200, Los .Angeles, CA 90015 Agent: Ahmad Alzuq, Family Market, 319 South Main Street, Santa Ana, CA 92701 Location: 802-808 South Brookhurst Street.. Property is approximately 1.8 acres, located at the northeast corner of Brookhurst Street and Brookmore Avenue. Request to establish land use conformity with current zoning code land Project Planner: use requirements for an existing non-conforming commercial retail center Della Herrick ermit a convenience market and to (dnerrick anaheim.net) . p Conditional Use Permit Resolution No. sr8742dh.doc Q.S. 41 Adjourn To Monday, August 9, 2004 At 11:00 A.M. For Preliminary Plan Review. 07/26/04 Page 5 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: .~ : is P,,.-, (TIME) 7- aa- oaf (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: ®s~~i If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION ACTION Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits and Variances will be final 22 days after Planning Commission action and any action regarding Tentative Tract and Parcel Maps will be final 10 days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest passible 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 no Later than 10:00 a.m. on the Friday before the meeting will enable City staff to make reasonable accommodations. Recorded decision information is available 24 hours a day by calling the Planning Department's Automated Telephone System at 714-765-5139. 07/26104 Page 6 SCE®ULE 2004 August 9 August 23 September 8 (Wed) September 20 October 4 October 18 November 1 November 15 November 29 December 13 December 27 07/26/04 Page 7 ITEM N0. 2 T-CUP 2002-04511 CuP 326] 1 DL ~ T-CUP 2001-04344 ~ pq yKl G LO7 O N CUP 2469 MOTELB RESTAURANT a z BROOKHURSTCOMMERCIAL CORRIDOR cL RCL 98-99-11 ~ ~ RCL 57-58-35 _.. Q O 1 CUP 3267 U U ] CUP 3159 I MEDICAL OFFICES STONYBROOK DR 1 cL RCL 98-99-11 1 RCL 58-59-111 J OFFICE BLDG ORANGE COUNTY LIMITS NAHEI i CITY iIM1T5~ RCL 98 99-11 I- VAR 1918 RCL 58-59-34 ILI RCL 57-5B-26 W CUP 3145 CL COCKTAIL LOUNGE ~ RCL 98-99-11 COLCHESTER DR RCL 67-68-86 r 120 0 CL ~ RCL 62-63-113 ~ LF RCL 96-99-11 RCL 54-55-7 CI RM- 200 ~ , RDL ss-s9a4 ~ cUP 2317 ~ RCL 58-59-34 f- ~ RCUP 3342 s ~ CUP 2181 ~. RCL 57-58-26 w r F~SN CuP 386s = BALLHURBT PLAZA ~ APARTMENTS ~~, GoooYE R F ' ` m~umi~' Y SHOPPING CENTER Q ym UJJJJ~ RCL 899-11 O RM-1200 ~ '' ~rca0o RCL 5s-59-34 Q. W ~ RCL 57-5&26 ~ APARTMENTS a ~~, > cUP 29x1 m ~ O 'F APARTMENTS CUP 1354 BROOKMORE AV O ~ ti VANCOUVER DRIVE "' ~ '` cuaie26 co ~ ~ ~ VAR 1494 ' m RCL 98-99-11 Z I I j l CL a<°'z RCL 63-64.108 ~ I I INI RCL 98.99.11 R1O"m'¢a RCL 62.63-113 p I I ICI RCL 57-58-26 om=yam BANK W IC71 RM-3000 I~I CUP 2004-04861 ~~°> n1 101 RCL 78-79-05 I~j CUP 3649 m~ I ~ I RCL 54-55-00 1 cUP 1662 0 1 m I CUP 982 I ~ I (CUP 3458 RCL 99--99.11 I<1 OUP122B Iml (CUP 2284 RCL 54-55-7 ~ ~1 60 D.U. CONDO jX~ (CUP 1583) SUBWAV I ~ l a l sHOas sANOwICR sHaP I I I ~ OL RC19B99-11 -____/ t\____ _ ~ I_____ CUP 3980 RcL 54-ss-7 ~~~~~~~ ~ CUP 2003-04768 RESTAURANT ®'~' CL BROOKHURST COMMERCIAL CORRIDOR RCL 99-99-11 CUP 1444 CL RCL 54-55.7 VACAM VAR 2005 I CL I VAR 1211 5 CL 1r UP 2003-047fi8 RCL 98-99-11 BROOKHURBT SHOPPING RCL se-99-11 'OST OFFICE CENTER RCL 54-55-7 RCL 54-55-00 T-CUP 2992-04314 CUP 2003-04768 T- ^AR 2992.94515 CIIP 2007-04529 1^ARodCC, Conditional Use Permit No. 2004-04861 `, ' Subject Property Date: June 28,2004 Scale: 1" = 200' Requested By: 2230 WEST COLCHESTER, A CALP Q.S. No. 34 REQUEST TO PERMIT AND RETAIN TWO EXISTING CHURCHES, A NARCOTICS ANONYMOUS MEETING HALL, AND TO ESTABLISH LAND USE CONFORMITY WITH THE CITY'S ZONING CODE REQUIREMENTS FOR AN EXISTING NON-CONFORMING COMMERCIAL RETAIL CENTER WITH WAIVER OF MINIMUM NUMBER OF PARKING SPACES. 2230 West Colchester Drive 1384(2004-6-22) 07(2~/286,4ry 15:46 5626241178 y~9 ~ytt & .11V H.J® t~L SETH, L.L.P. Attorneys July 20, 2004 Sheri Vander Dussen, ACID Planning Director City of Anaheim 2D0 S. Anaheim Blvd., #162 Anaheim, CA 92805 CGS Re: CUP Application Our Client: 223D W. Colchester, a CA LP Property Address: 2230 W. Colchester Dr.. Anaheim, CA Deaz Ms. Vander Dussen: PAGE 82 Via Fax and U. 5. Mail (714) 765-5280 Based on our conversation of yesterday, the applicants are requesting a postponement of the hearing on the CUP currently set for July 26, 2004 until the parties meet and agree on the conditions. As you may recall, as a result of our meeting last year our correspondence has continually requested that the application be treated as a pre-file application, and that no hearing be set until the conditions are worked out. On another note, we have been advised by the tenants at the property that they never received notice of the continued hearing date, and our notice of the new date was verbal from the city. I look forward to meeting with you Friday and am awaiting confirmation that the Friday meeting is possible for you. Very truly yours, CURD, G , L.L.P. Joseph D. JDC:mag w: Client ATTACHMENT - IT1;M N0. 2 0 301 East Ocean Bivd. o Suite 460 o Long Beach o CA o 90802 0 (562) 6241177 o Fax (562) 624-1178 POLK AVE ~ C-G 'a RCL 61412-12 j CUP 4029 :~ CUP 3682 m CUP 1372 rc VAR 1534 RM-0 VAR 1412 PCN 98-03 o BEACH-LINCOLN c PLAZA Y Y Y i Y L N w 0: O RM-4 - RCL 61432-12 VAR 1534 VAR 1412 -4 DU EACH' II~ m ® m ~- ~ ~ N ~_ O ~ ~`4w RM-4 ~ ~ ~~o RCL 63-64-36 00 ~ ~a CUP 479 v 20 DU o; w O BAYWOO D AVE ~ W 2 RM-4 Z RCL 63-64-36 ~ . CUP 479 ti 18 DU Conditional Use Permit No. 2004-04852 Requested By: CEDAR MOUNTAIN, LLC REQUEST TO PERMIT A NIGHTCLUB. 2916 West Lincoln Avenue ' RM-0 RCL 75-76- RCL fi3-64= RCL 614iZa CUP 192 APTS. BOU 1363(2004-7-21) RM-4 RCL 82-83-04 VAR 3306 APARTMENTS 31 DU I j ~ I RS-2 ' ' I 1 DU EACH RM-4 I RCL 77-7B-07- ~~om I RCL 76-77-09-_ ~' 1 ~ ~ F- O~ ~~~ CUP 1643 ~ , j ~ I W RCL 99-00-19 VAR 29fi0 I ~ ~ RCL 55-56-06 . VAR 2832 I ~ ~ F- T-CUP 2003-04797 APTS. I 1 ~ CUP 2002.04636 196 DU I- ~ CUP 2002-04612 ~ ~ Q 7-CUP 2002-04522 I CUP 4189 W BEL-AIR CENTER I ~ m m WEST ANAHEIM C OMMERCIAL CORRIDORS LINCOLN AVENUE ~ --- 315' --~ 69 ' ~- w RCL 62-63 95 ~ a 67-62-12 LLl C~ RCL 5859 ZO m m ~ m o R 1534 RCL 62-63-95 CUP 3929 ¢~ ~ 00-x: ~-~ _ mhw R1412 -SHACK ~ ~ CUP 3198 CUP 2949 VAR 1561 VAR 934 ~~c9c~U. ~d°oU'-; o~w'- : ma 00 m ~ i m a W VAR 1561 F 8 M PLAZA VAR 843 awe? : O ~ m RM-4 ~ SHOPPING pCN 97-08 m z N o RCL 69-70-02 CENTER CONV MZ DUET ~ ~ ~'- ~„m VAR 2102 APARTMENTS 224 DU m ® tt EMBASSY AVE `%~~ ~ Subject Property Date: July 26, 2004 Scale: 1" = 200' Q:S. No. 13 Direction GeneraHPlan Designation North across Lincoln' Avenue Residential Medium East Corridor Residential South Residential.. Medium West Corridor Residential Business Location Calls for service JuI '03 to Jul `04 Police Reports Jule '03 to Jul '04 JC Fandan o - 1086 N. State'Colle a Blvd.?. i 31 12 EI Cdne'o 17501 W. Lincoln Ave. 27 10 EI Patio 1750 W. La Palma Ave. 9 7 EI Va"uero 1168 S.+State Colle a Blvd. 56 31 Press Box 480 N. Glassell ' 18 4 Plaza"Garibaldi 500'N. Brookhurst St. 29 5 [DRAFT] RESOLUTION NO. PC2004--' A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04852 BE GRANTED (2916 WEST LINCOLN AVENUE) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCELI THE WESTERLY 89,30 FEET OF THE SOUTHERLY 239.00 FEET OF THE NORTHERLY 305.00 FEET AND THE EASTERLY 3.00 FEET OF THE WESTERLY 92.30 FEET OF THE SOUTHERLY 139.00 FEET OF THE NORTHERLY 305.00 FEET OF THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE'RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 13 DISTANT NORTH 89° 41' 15" EAST, 1162.30 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE SOUTH 0° 10' 55" EAST, 1338.22 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION, SAID POINT BEING DISTANT NORTH 89° 37' S0" 1162.58 FEET FROM THE INTERSECTION OF SAID SOUTH LINE WITH THE WEST LINE OF SAID SECTION; THENCE SOUTH 89° 37' 30" WEST 184.58 FEET ALONG SAID SOUTH LINE; THENCE NORTH 0° 10' 15" WEST 1338.43 FEET PARALLEL WITH THE WEST LINE OF SAID SECTION TO THE NORTH LINE THEREOF; THENCE NORTH 89° 41' 15" EAST 184.30 FEET TO THE POINT OF BEGINNING. PARCEL 2: THE SOUTHERLY 91.Op FEET OF THE NORTHERLY 396.00 FEET OF THE WESTERLY 92.30 FEET OF THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 4 SOUTH, RANGE 11 WEST, 'IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 11, MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA AS FOLLOWS; BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION t3 DISTANT NORTH 89° 41' 15" EAST, 1162.30 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE SOUTH 0° 10' 55" EAST, 1338.22 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION, SAID POINT BEING DISTANT NORTH 89° 37' S0" 1162.58 FEET FROM THE INTERSECTION OF SAID SOUTH LINE WITH THE WEST LINE OF SAID SECTION; THENCE SOUTH 89° 37' 30"WEST 184.58 FEET ALONG SAID SOUTH LINE; THENCE NORTH 0°10' 15" WEST 1338.43 FEET PARALLEL WITH THE WEST LINE OF SAID SECTION TO THE NORTH LINE THEREOF; THENCE NORTH 89° 41' 15" EAST 184.30 FEET TO THE POINT OF BEGINNING. EXCEPTING FROM SAID SOUTHERLY 91.00 FEET, THAT PORTION INCLUDING WITHIN TRACT NO. 5090, AS SHOWN ON A MAP RECORDED IN BOOK 188, PAGES 9 AND 10 OF SAID MISCELLANEOUS MAPS. Cr1PC2004-0 -1- PC2004- WHEREAS., the City Planning Commission did hold a public hearing at the Civic Center in _ the City of Anaheim on June 28, 2004 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 conditional use permit and to investigate and make findings and recommendations in connection therewith; and that said public hearing was continued to the July 12 and July 26, 2004 Planning Commission meetings; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said :hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18:08.030.040.0402. 2. That the use would not adversely affect the adjoining land uses and the growth and development of the area in which it is located based an the operational and security measures incorporated into the conditions of approval. 3. That the size and shape of the site for the use is adequate to allow full operation of a nightclub in a manner not detrimental to the area nor the peace health, safety, and general welfare. 4. That the traffic generated by the use would not impose an undue burden upon the streets an highways designed and improved to carry in the area since there is adequate on-site parking and circulation for a nightclub at this location. 5. That the granting of the 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. 6. That "' indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That Planning Director or her authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing Facilities), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That the permit for the nightclub shall expire in one (1) year from the date of this resolution on July 26, 2005. 2. That the landscape planters shall be permanently maintained with live and healthy plant materials. 3. 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. 4. That the on-site landscaping and irrigation system shall be maintained in compliance with City standards. 5. That within thirty (30) days of approval of this resolution, a seating plan shall be submitted to the Fire Department for review and approval. Once approved, said plan shall be implemented within a period of -2- PC2004- time determined by the Fire Department and shall thereafter be maintained in conformance with said plan. 6. That at all times when entertainment or dancing is permitted, security measures shall be provided to the satisfaction of the Anaheim Police Department to deter unlawful conduct on the part of employees or patrons, and promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbance to the neighborhood by excessive noise created by patrons entering or leaving the premises. 7. That any and all security officers provided shall comply with all State and Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code (Section 4.16.070 Anaheim Municipal Code). 8. That all guests occupying the nightclub shall be at least 21 years of age. 9. That no alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the alcoholic beverage licensee. 10. That all entertainers and employees shall be clothed in such a way as not to expose "specified anatomical areas" as described in Section 4.16.100.010 of the Anaheim Municipal Cade. 11. That no "happy hour" or reduced price alcoholic beverage promotion shall be allowed at any time. 12. That the sale of alcoholic beverages for off-premises consumption sale not be permitted. 13. That the petitioner shall not share any profits, or pay any percentage or commission to a promoter or any other person, based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders, or the sale of drinks. 14. That there shall be no requirement to purchase a minimum number of drinks. 15. That signs shall be posted at all exits of the premises of the prohibition of alcoholic beverages from leaving the confines of the establishment. 16. That alcoholic beverages shall not be included in the price of admission. 17. That no person under the age of 21 shall sell or deliver alcoholic beverages. 18. That the licensee(s) shall not maintain or construct any type of enclosed room intended for use by patrons or customers for any purpose. 19. That all doors serving the nightclub 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. 20. That all existing and proposed roof-mounted equipment shall be completely screened from view in all directions by properly designed and maintained design elements of the building. Said information shall be specifically shown on plans submitted for Zoning Division approval. 21. That there shall be no pool tables, vending machines or arcade devices maintained upon the premises at any time. 22. 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. -3- PC2004- 23. That the sales of alcohol for off-premises consumption shall be prohibited. 24. 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. 25. That the activities occurring in conjunction with the operation of this establishment shall not.cause noise disturbance to surrounding properties. 26. 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. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval. 27. 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. 28. That there shall be no public telephones on the premises located outside the building. 29. 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. 30. 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. 31. 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. 32. 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. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval. 33. 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. 34. 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.. 35. That an on-site trash truck turn-around area shall be provided per Engineering Standard Detail No. 476 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn-around area shall be specifically shown on plans submitted for Streets and Sanitation Division approval 36. That the legal property owner shall submit an application, legal description and plat for a Subdivision Map Act Certificate of Compliance prepared by a Licensed land Surveyor or a Registered Civil Engineer authorized to practice land surveying. A Certificate of Compliance shall be submitted to the Public Works Department, Subdivision Section, approved by the City Engineer and recorded in the Office of the Orange County Recorder within 180 days of the date of this resolution. 37. That the hours of operation shall be limited to 8 p.m. to 1:30 a:m., Wednesday through Sunday, as stipulated by the petitioner. -4- PC2004- 38. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit No. 1, as conditioned herein. 39. That within 60 days from the date of this resolution, Condition Nos. 15, 20, 26, 32, 33, 34 and 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 or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of July 26, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Pat Chandler, 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 July 26, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN W ITNESS W HEREOF, I have hereunto set my hand this day of 2004. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -5- PC2004- MEMORANDUM Page 1 of 4 ATTACHMENT - ITEM N0. 3 From: Michele M. Irwin Sent: Wednesday, June 30, 2004 5:24 PM To: Amy Vazquez Subject: 2004-04852 2916 W. Lincoln El Calor Pub. Dan Hall.doc City of Anaheim POLICE DEPARTMENT DATE: June 30, 2004 TO: Amy Vazquez Planning Department FROM: Sergeant Mike Lozeau Vice Detail SUBJECT: Conditional Use Permit 2004-04852 To permit a Plight Club LOCATION: EI Calor 2916 W. Lincoln Avenue Anaheim, CA 92801 The Police Department has received an I.D.C. Route Sheet for CUP 2004-04852. The request by the applicant is to reclassify the property from the CH Zone to the CL Zone and to permit a night club. The location is within Reporting District 1716, which has a Crime Rate of 183 percent above average. It is also within Census Tract Number 889.03, which has a population of 6,014. The population allows for 4 Off Sale ABC licenses and there are currently 4 licenses, and allows for 7 On Sale ABC licenses and there are 5 issued. The Census Tract boundaries are: North Lincoln Avenue South Ball Road East Dale Street West Beach Boulevard Off Sale Licenses in the applicants census tract 2935 W. Ball Road 524 S. Beach Boulevard 510 S. Beach Boulevard 2950 W. Lincoln Avenue Space A&B Memorandum file://F:\memos\2004-04852%202916%20 W.%20Lincoln%20EI%20Calor%20Pub.%20Da... 7/14/2004 MEMORANDUM Amy Vazquez EI Calor Page two On Sales Licenses in the applicants census tract 2952 W. Ball Road 2916 W. Lincoln Avenue 2801 W. Ball Road 15-15a 2970 W. Lincoln Avenue 2801 W. Ball Road Suite 5 The census tracts surrounding this location are as follows: North - 868.03 population 7,284 On Sale allowed 8/active 7 Off Sale allowed 5/active 5 pending 1 South - 878.03 population 6,442 On Sale allowed 7/active 8 Off Sale allowed 4/active 6 pending 2 East - 870.01 population 5,403 On Sale allowed 6/active 3 Off Sale allowed 4lactive 0 West - 869.02 On Sale allowed 6/active 4 Additional Census Tract information: population 4,921 Off Sale allowed 3/active 3 North East - 868.03 On Sale allowed 8/active 7 pending 1 .North West -Buena Park South West -Stanton population 7,284 Off Sale allowed 5/active 5 South East - 878.05 population 6,797 On Sale allowed 8/active 1 Off Sale allowed 4/active 1 pending 1 Page 2 of 4 From May 2003 to June 19, 2004 there have been 74 calls for service to this location. The calls consist of: 1 man with a gun, 11 burglary alarms, 6 911 hang-ups, 11 fights, 6 disturbances, 5 misdemeanor assaults, 2 batteries, 1 robbery, 2 felony assault w/ weapon, 1 hit and run parked vehicle, 2 public assists, 1 drunk, 5 suspicious circumstances, 8 subject stops, 4 recover lost or stolen property, 1 person down, 2 traffic accidents, 1 check the welfare, 1 found property, 2 car stops, and 1 burglary. Of the 74 calls for service there were 14 reports taken. They consist of: 1 robbery, 2 felony assault with weapon, 1 theft from vehicle, 3 assault misdemeanor, 2 fight, 1 recover lost or stolen property, 1 .hit and run vehicle, 1 miscellaneous report (property). Memorandum Amy Vazquez EI Calor Page three file://F:\memos\2004-04852%202916%20 W.%20Lincoln%20E1%20Calor%20Pub.%20I)a... 7/ 14/2004 MEMORANDUM Page 3 of 4 The Reporting District to the North is 1616 and has a crime rate of 23 percent above average. The Reporting District to the South is 1816 and has a crime rate of 133 percent above average. The - - Reporting District to the West is 1715 and has a crime rate of 131 percent above average. The Reporting District to the East is 1717 and has a crime rate of 172 percent above average. The Police Department opposes this application due to the high crime rate, and due to the facfthat this location continues to be a problem location with serious crimes. Also, .attached is a breakdown of crime for this location for the past five years. The Police Department feels this would be detrimental to the public's health and safety. If the City of Anaheim approves this application, the Police Department insists the following conditions be placed upon the Conditional Use Permit: The permitted event or activity shall not create sound levels, which violate any ordinance of the City of Anaheim. (Section 4.16.100.010 Anaheim Municipal Code) 2. Between the hours of _8:00 p.m._ and _closing_ or at any time the premises are providing entertainment, the petitioner(s) shall provide _4 uniformed security personnel. One in the parking lot, one at the door, and two inside. They shall maintain order therein and prevent any activity which would interfere with the quiet enjoyment of their property by nearby residents. 3. Any and all security officers provided shall comply with all State and Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code. (Section 4.16.070 Anaheim Municipal Code) 4. The operation of any business under this permit shall not be in violation of any provision of the Anaheim Municipal Code, State or County ordinance. (Section 4.16.100.010 Anaheim Municipal Code) 5. No dancing shall commence prior to seven (7) p.m. nor continue beyond two (2) a:m. of the same evening. (Section 4.16.060.040 Anaheim Municipal Code) 6. The number of persons attending the event shall not exceed the maximum occupancy load as determined by the Anaheim Fire Department. Signs indicating the occupant load shall be posted in a conspicuous place on an approved sign near the main exit from the room. (Section 25.114(a) Uniform Fire Code) 7. The doors shall remain closed at all times that entertainment is permitted, except during times of entry or exit, emergencies and deliveries. (Section 4.18.110 Anaheim Municipal Code) 8. The business shall not be operated in such a way as to be detrimental to the public health, safety or welfare. (Section 4.16.100.010 Anaheim Municipal Code) 9. All entertainers and employees shall be clothed in such a way as to not expose "specified anatomical areas" as described in Section 7.16.060 of the Anaheim Municipal Code. Memorandum Amy Vazquez El Calor Page four 10. No one under the age of 21 shall be allowed. 11. The business shall not employ or permit any persons to solicit or encourage others, directly or file://F:\memos\2004-04852 %202916%20 W.%20Lincoln%20E1%20Calor%20Pub.%20Da... 7/I 4/2004 MEMORANDUM Page 4 of 4 indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit-sharing plan, scheme or conspiracy. (Section 24200.5 Alcoholic Beverage Control Act) 12. The floor space provided for dancing shall be free of any furniture or partitions and maintained in a smooth and safe condition. (Section 4.16.050.010 Anaheim Municipal Codep 13. Any violation of the application, or any attached conditions, shall be sufficient grounds to revoke the permit. (Section 4.16.100.010 Anaheim Municipal Code) 14. No "happy hour' type of reduced price alcoholic beverage promotion shall be allowed at any time. 15. There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 16. The sale of alcoholic beverages for consumption off the premises is strictly prohibited 17. Petitioner shall not share any profits, or pay any percentage or commission to a promoter or any other person, based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders, or the sale of drinks. 18. There shall be no requirement to purchase a minimum number of drinks. 19. Signs shall be posted at all exits of the premises of the prohibition of alcoholic beverages from leaving the confines of the establishment. 20. Alcoholic beverages cannot be included in the price of admission. 21. There shall be no amusement machines or video game devices maintained upon the premises at any time. 22. No person under the age of 21 shall sell or deliver alcoholic beverages. 23. The licensee(s) shall not maintain or construct any type of enclosed room intended for use by patrons or customers for any purpose. Please contact S.P.S. R. Michele Irwin at extension 1461 if you require further information. file://F:\memos\2004-04852%202916%20 W.%20Lmcoln%20E1%20Calor%20Pub.%20Da... 7/ 14/2004 Item No. 4 6 y RM-4 I. SHOPS & REST VAR 819 APTS. U . ig MOTEL ~ NTS R a I- C-G ........_.. RM-4 Z W C-G RCL 56-57-27 RCL 62-63-75 ~ RCL 56-57-39 CUP 1357 CUP 373 a C 7 VAR 2578 5 VAR 819 ~ AUTO CAR WASH APARTMENTS > DEALER 43 DU w PAMPAS LANE ~ ¢ ¢ RS-2 N RCL 59.60-113 i DU EACH a R 2 SMA SHOP5 L r .r ~~ C-G R BRENTWOOD PL ' RCL 59.60.113 VAR 2155 S Af '~~ i ,` ~ ; ~<. ADJ 0025 _ ,,. CHIROPRACTIC CLINIC RS-2 c-O .R 1320 iDU EACH ~ RCL 56-57-39 c=~ ~ RCL 5960-113 ~ ADJ 0101 W CUP 3958 CUP 2004-O46fi6 ~ ~ PCN 96-02 W Y.M:C.A. ~ ~ ~ 43 000 <. SCW 2004-00025 '' - C-G CUP 3273 , (cUP 1060) < , ; ~ W RCL 59-60-113 CUP 350 , 4 (cuP 6291 > > ~ Q ~ CUP 1451 R GIRL ~ NAR 2656) : ~.~ MURG PLAZA SCOUTS ~ NAR 1663) ~ ~~ s ~ COMM. SHOPS T SHO ~ ~ `'" C) CUP 542 PPING CENTER ~ s e CHURCH ~ d ' W RLL 4 s-oa C-G r C~. (Re~s.Latmt RCL 59batt gg / i~ CUP 2815 R 13 CHURCH ( j:. / r .:'s~ ~ cUP 3760 SERV. STN. p,~ f~; r s6s~ 8 BROADWAY _ _ _ ® I ~ ~ C~ RCL 64-05-115 FG RCL 9691-24 Z RCL fi44i6-56 55-56-2 RLL SS56-2 aG VAR 2353 Z R$-2 CUP 691 LUP 3356 RCL 55.562 = ~ 1 DU EACH CUP 2575 V-7005 OFFICE w a 6S ~V75RJ BUILDING T y W CHAPARRAL ~ ~ vnR toes PARK ~ C'O Gc RCL 61.6256 cc 55.362 55.562 RCL 5656 VAR.2033 5 VAR 2353 VAR 2353 APPLIANCE RLL SS56- 2 v-1061 = STORE BAR SMALL SHO ELI000R N Q ~ W RCL 6}94-03 K ~ LUP 2494 cc E Conditional Use Permit No. 2002-04866 (READVERTISED) Subject Property Date: July 26, 2004 Scale: 1" = 200' Requested By: REBECA ROSEMBERG Q:S. No. 47 REQUEST TO ESTABLISH A COMMERCIAL RETAIL CENTER AND CONSTRUCT AFOUR-UNIT RETAIL BUILDING (FOOD COURT) AND FREESTANDING DRIVE-THROUGH RESTAURANT ON A COMMERCIAL PROPERTY WITH TWO EXISTING UNITS WITH WAIVERS OF: (A) MINIMUM NUMBER OF PARKING SPACES (B) MINIMUM DRIVE-THROUGH LANE REQUIREMENTS 255 South Euclid Street-Daniel's Furniture 1423(20047-22) ~ `~ ~ fl 1~'S1 4~ P9 ti~ ~ 1a f fr ~ a ~ a GG ~ +i' 8 ° ] ~ f A 1 tlt t '46" tr ~ ~ : '.e p' 3 v q~ 9 ~~k~T is' ' c "~~ ~~ Y :~' .~ L v1 5 i e 4 ~ ~ ~ ~ i '~ 4> -c~,ay "¢ '~ . _^~, ., ~ Direction General Plan Designation North GeneraCCommercal East (across Euclid) Neighborhood Commercial South (across Broadway) Residential -Low General Commercial West Residential -Low Building Landscape Setbacks Adjacent to Euclid Street Setback Adjacentto Broadway Food Court 10 feet required N/A 17 feet proposed Drive-Through 10 feet required 10 feet required.: 20 feet proposed 10 feet proposed CODE-REQUIRED pARKING USE SQUARE FEET PARKING RATIO ; .REQUIRED (per 1,000 sq. ft.) Daniel's Furniture 60,000 2.25 'f 135 Savon Pharmacy: 16,480 r 5.5 90.6 Proposed Food Court (3 ; 5,300 16 84.8 enants aces Proposed Retail (1 tenant ' 1,800 5.5 9.9 ace s Proposed; Drive-through Restaurant (Kentucky 2 g19 16 46.7 Fried Chicken/Long John Sliver TOTAL 86,499: 367 [DRAFT] RESOLUTION NO. PC2004-* A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO, 2004-04866 BE GRANTED (255 SOUTH EUCLID STREET) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 1 AS DESCRIBED IN THAT CERTAIN LOT LINE ADJUSTMENT NO. 313 RECORDED MAY 16, 1994 AS INSTRUMENT NO. 94-0335342 OF OFFICIAL RECORDS OF ORANGE COUNTY. CALIFORNIA. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 12, 2004 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 18.60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and that said public hearing was continued to the July 26, 2004 Planning Commission meeting; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section Nos. 18.08.030:010 and 18.66.040.010 to wit: to establish a commercial retail center and to construct a four (4)-unit commercial retail building (food court) and freestanding drive- through restaurant on a commercial property and waiver of the following: (a) SECTION NOS. 18.08.070 AND 18.42.040 Minimum number of parking spaces (367 spaces required; 333 spaces proposed and recommended by the City Traffic and Transportation Manager) (b) SECTION NO. 18.42.080.030 Minimum drive-through lane requirements 60 feet between the start of the drive- through lane and the ordering device required; 45 feet proposed) 2. That waiver (a), pertaining to the minimum number of parking spaces is hereby approved on the basis that a parking letter was submitted by the petitioner to substantiate the waiver; and that the City Traffic and Transportation Manager has reviewed the letter and concurs with the conclusion that 333 parking spaces is adequate for the existing and proposed uses. 3. That waiver, under the conditions imposed, will not cause fewer off-street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use. 4. That the waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use. 5. That the waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use. Cr\PC2004-0 -1- PC2004- 6. That the waiver, under the conditions imposed, will :not increase traffic congestion within the off-street parking areas or lots provided for such use; and 7. That the waiver, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. 8. That waiver (b) pertaining to the minimum drive-through lane requirements pertaining to the distance between the start of the drive-through lane and ordering device is hereby approved because the 60 foot long segment, required by Code, could not be accommodated due to the proposed installation of a 20 foot wide landscape buffer between the drive-through lane and public street. 9. That strict application of the Zoning Code would deprive the property of privileges enjoyed by other properties under identical zoning classification in the vicinity because other drive-through restaurants in the vicinity were not required to provide the additional 10 feet of landscaping adjacent to the public street. 10. That there are special circumstances applicable to the property, due to the size of the land available for this use. The additional length could not physically be accommodated without infringing on some other aspect of the project, such as maintaining the maximum number of parking stalls or minimum width of drive aisles. The project is also constrained by the locaticn of the existing driveway to the north. 11. That the use has not adversely affected the adjoining land uses and the growth and development of the area in which it is located as the food court and drive-through restaurant would be compatible with other commercial uses in the vicinity. 12. That the size and shape of the site for the use is adequate to allow the full operation of the use in a manner not detrimental to the particular area nor to the health and safety. 13. That the traffic generated by the use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 14. That the granting of the conditional use permit under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim. 15. That *'* indicated their presence at said .public hearing in apposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to establish a commercial retail center and to construct a four (4)-unit commercial retail building (food court) and freestanding drive-through restaurant on a commercial property with waiver of minimum number of parking spaces and minimum drive-through lane requirements; 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 putilic 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, upon the fallowing conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: That final precise elevation plans for the drive-through restaurant shall be submitted to the Planning Services Division for review and approval. Said plans shall indicate the specific colors and materials of -2- PC2004- the proposed buildings and shall be complementary to the existing food court building. Any decision by staff may be appealed to the Planning Commission as a Reports and Recommendations item. 2. That the number of tenant spaces within the food court building shall be limited to four (4). Said information shall be specifically shown on plans submitted for building permits. Any further division of space to create additional tenant spaces within any of the buildings on the property shall require approval of a conditional use permit. 3. That only three (3) of the four (4) food court tenant spaces (5,300 square feet) shall be utilized for fast food (with more than 10 seats) uses unless a parking variance is granted or the minimum number of required parking spaces for all uses shall be provided. 4. That no convenience markets andlor retail sales of alcoholic beverages shall be permitted unless a separate conditional use permit is approved by the Planning Commission. 5. That wall signage for the drive-through restaurant shall be limited to those signs shown on the elevation plan (Exhibit No. 5). 6. That wall signage for the food court building shall comply with signage requirements of the CG zone unless a variance allowing sign waivers is approved by the City Council, Planning Commission or Zoning Administrator. 7. That all public phones shall be located inside the buildings. 8. That all trash generated from this commercial center shall be properly contained in trash bins located within approved trash enclosures. The number of bins shall be adequate and the trash pick-up shall be as frequent as necessary to ensure the sanitary handling and timely removal pf refuse from the property. 9. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. The property owner shall make every attempt to retain the mature trees currently existing on the property. 10. That no roof-mounted balloons or other inflatable devices shall be permitted on the property. 11. That no window signage shall be permitted. 12. That no outdoor vending machines shall be permitted on the property. 13. That 4-foot-high street address numbers shall be displayed on the roof of the building in a color that contrasts with the roof material. The numbers shall not be visible from the streets or adjacent properties. Said information shall be specifically shown on plans submitted for building permits. 14. That any proposed roof-mounted equipment shall be subject to the screening requtrements of Anaheim Municipal Code Section No. 18.38.170. Said information shall be specifically shown on the plans submitted for Zoning and Building Division approval. 15. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened by architectural devices and/or appropriate building materials. Said information shall be specifically shown on the plans submitted for building permits. 16. 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. -3- PC2004- 17. That all new requests for new water services or fire lines, as well as any modification, relocation, or abandonments of existing water services and fire lines shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. 18. That all backflow equipmenk shall be located above ground and outside of the street setback"area in a manner fully screened from ali public streets. Any backflow assemblies currently installed in.a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector. 19. That since this project has a landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed in compliance with Chapter 10.19 of Anaheim Municipal Code No. 5349 regarding water conservation. Said information shall be specifically shown on plans submitted for building permits. 20. That all existing water services shall conform to current Water Utility Standards. Any existing water services that are not approved by the Utility for continued use shall be upgraded to current standards, or abandoned by the developer. If the existing services are no longer needed, they shall be abandoned by the developer. 21. That trash storage areas shall be provided and maintained 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 storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one-gallon size clinging vines planted on maximum three-foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 22. 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. 23. 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 and Sanitation Division. Said turn-around area shall be specifically shown on plans submitted for building permits. 24. 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 and 4601/602 pertaining to parking standards and driveway location. Subject property shall thereupon be developed and maintained in conformance with said plans. 25. That no required parking area should be fenced in or otherwise enclosed for outdoor storage uses. 26. That the drive-through lane (minimum of 16 feet inner and minimum 26 feet outer radius) shall be reviewed and approved by the City Traffic and Transportation Manager. Said information shall be specifically shown on plans submitted for building permits. 27. That the legal owner of subject property shall provide the City of Anaheim a public utilities easement along/across primary cable underground and around the pad-mounted transformers. 28. That any required relocation of City electrical facilities shall be at the property owner's expense. Landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall be outside the easement area of the equipment. Said information shall be specifically shown on plans submitted for building permits. -4- PC2004- 29. That the fee for sewer capacity mitigation., for the Combined West Anaheim Area, Zone C, shall be paid. 30. That 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 submitted to the Public Works Department, Development Services Division for review and approval prior to approval of the grading plan. 31. That the property owner shall submit a letter to the Zoning Division requesting the termination of Public Convenience or Necessity No. 96-01 (to permit the sale of beer, wine and general liquor for off- premise consumption in conjunction with a supermarket). 32. That the property owner shall be required to implement appropriate non-structural and structural Best Management Practices ("BMPs") (which may be found online at CAMBMPhandbooks.com). The selected BMPs shall be implemented and maintained to minimize the introduction of pollutants to the storm water drainage system. 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 Exhibit Nos. 1 through 8, and as conditioned herein. 34. 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, 13, 14, 15, 18, 19, 20, 21, 22, 23, 24, 26, 27, 28, 29, 30 and 31 above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03090 of the Anaheim Municipal Code. 35. That prior to final building and zoning inspections, Condition Nos. 20 and 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. 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 July 26, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -5- PC2004- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Pat Chandler, 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 July 26, 2004, by [he following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of 2004.. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -6- PC2004- ATTACHMENT -ITEM N0. 4 06-26-2004 05:15pm From- T-OTO P.002/002 F-604 PETITIONER'S STATEMENT OF 1USTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED POR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: PERTAINING T0: Sections 18.03.040.030 and ] S.l?.060 of the Anaheim Municipal Code require that belore any variance or Code waiver may be granted by the Zoning Administrator or Planning Commission, the following shall be shown: 1. That there are special circumstances applicable [o the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; ay~cj 2- That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully and as completely as possible. If you need additional space, you may attach additional pages. 1. Are there special circumstances that apply to the property in maners such as size, shape, topography, location or surroundings? / Yes _ No, If your answer is "Yes," describe the special circumstances: ,~~~_ ®L,.$A/~~Ps Gb~YJT . ,~s ~'~,7-~f~~?O ItT- L.[i¢h~J~_~L J~~Yl_~~-~-~[' IC i~//N/l~/~.v /~:/-(~/~ T ~yl~ -~/+t-YS~~/DLLY ~/gdi'JGC.SS ?l/~,0. B, I U~ 'TfYly LO~oj6 2. Are the spacial circumstances that apply to the progeny u,.,....,,, .ww umer propentes n...._ vtem,ty w tch are in the same zone as your property? '1'es _ No If your answer is `yes," describe how the property is different: ~~ /~~~ /vOf ~GLi~i4 f~_ O~ _ -~T~e? ~~1G'71:T/~~ ~~lYt~iS (,d~~/1.v Ou/~ ~+~Irs zac~~_ - 3. Do the special circumstances applicable to thg property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? Yes No If your answer if "vPC ".t=~~~~-.~_ ~__:_. _:__..__.-_-_-. 4. Were the spectal cnc stances created by causes beyond the control of the property owner (or previotu property owners)? T Yes No EXPLAIN: The sole purpose of any variance Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved which would eve t act of granting a special privilege not shared by other property in the same vicinity and zone which i n o erwis express authorize y zone regulations governing subject property. Use variances are not permitted. 13 D~ Signature of Prope Owner or Authorized Agent Date 37625tD£CEtr(BER 12, 2000 CONDITIONAL USE PERMIT/VARIANCE N0~1~2~ ~~~~G Jusufica4on Waiver- dog 'ATTACHMENT - ITEM N0: 4 FROM FRX N0. May. 24 2004 03:33PM P1~ ~A.1 tom- 1 . 4528 Saugus Avenue, #8D1, Sherman Oaks, CA 91403 Phone! FaX 818-g0g-9941 maii(a~ortnerdesign com - wanv.ortnerdesign.eom April3, 2004 Alfred Ya1da Principal Traffic Engineer Public Worlc/Traffic Engineering City of Anaheim 200 South Anaheim Blvd., Anaheim, CA 92805 RE. 255 South Euclid Street Proposed Food Court and Fast Food Restaurant Parking Waiver f~~,~~tG ~~ SIN _~PILV.. IV SIOtV RECOMMEND eY: ~_ APPROVAL DATE: ~ Z'S d COMMENTS: (Via Fax: 714-765-46fi7 and mail) Dear Mr. Yalda: Per our telephone conversation of last week, we are requesting a parking waiver for the above project. The provided information below is intended as a justification for the request. The total parkin ,spaces required for the above project per the Anaheim Municipal Codc arc 369 spaces, as follows: 1. Savon Drug Store: 5.5 Parking Spaces per 1000 s.f. Store Area: 16,480 s.f. 91 Pazkir~ Spaces 2. Daniel's Fw~ttiture Store: 2.25 Parking Spaces per 1000 s.f. Store Area: 60,000 s.f. 135 Pazl~g Spaces 3. Proposed Fast 1''ood Restaurant 16 Parking Spaces per 1000 s.f. Project Area: 2,919 s.f. 47 .Parking Spaces 4. Proposed Food Cotut TIuEe (3) Food Stores 16 Pazking Spaces per 1000 s.f. Store area: 5,400 s.f. 86 Parking Spaces Qne (t 1 Retail Store 5.5 Parking Spaces per 1000 s.f, Store Area: 1,800 s.f. Sp Total Parking Required: 369 Parking Spaces Total Parking Provided (per Submit~d [.aycut): 333 Parking Spaces The total Park;ng provided equals approsima eIV .24% of the parking regm `"" '/~ t) CUP ~Q. ~pp4 - 0 4 8 6 6 Parkine Waiver Notes: Savon Drug has indicated that they required 64 parking Spaces to operate the store as opposed tc 91 parking spaces required by code (a sr<itement letter $om Savon can be obtained at your request), KFC has indicated thaz they required 38 parking spaces to operate the store as opposed to the 47 parking spaces required by code (a smtement letter from KFC can be obmined at your request). Tn addition, Daniel Rosemberg/Daniel's Furniture has placed his. actual parking requirement at a maXimmn of 30% of the total parking area during peak hoots, which translates into approximately 110 parking spaces es opposed to the 135 parking spaces required by code. Please note that the above information is based on actual parking needs by the tenant at the proposed location. In the case of KFC, the required parking number is based in a typical store of that size. R'hen the above numbers are taken into account, the total parking required can be reduced by 61 to a total of308 parking space_a (369-61 =308). Finally, it appears thaz Savon Drug Store may be moving into a different location in the near future. Daniel Roscmberg! Daniel's Fumiture has indicated that he would expand into the space vacated by Savon, significantly reducing the current parking requirements. T hope the about information wilt assist you in making a determination. Please feel free to contact me for any additiortal information, 1 went to thank you in advance for you help and look forward to hearing from you soon. Sincerely, Mario Ortncr Cc Daniel Rosenberg 714-999-1288; Clam Brandon 909-371-8944; Douglas Nye 7t 4-7751101 CUP N0. 2004 - 0 4 8 6 6 ®~ i I I RM-4 ~ I I I 7DU 7DU 7DU 7DU I7DU I70U 7DU ' 7DU 6DU' 41 RCl 58-59-93 WAKEFIELD AVE ._ .. _. RM-4 62-63-93 CUP 217 FRENCH QUARTER APARTMENTS RM-4 RCL 62-634 6 CUP 283 VAR 2002-04497 HASTERWOODS APARTMENTS RM-4 RCL 59-6D-93 VAR 1260 VAR 2002-04497 HASTERWOODS APARTMENTS RM-4 7 DU 7DU 7DU 7DU 7DU 7DU RCL 58-59-93 __L.._..f 7DU 7DU 6DU 41 __ RM-4 7DU 7DU 7DU. RCL 58-59-93 7DU 7DU 7DU 7pU 7DU VAR~202 6DU 4[ T LEATRICE LN RCL 200400125 (56-57-92) m 1 DU RM-4 m RCL 58-59-93 7DU 7DU I7DU 7 DU 7DU7DU I7DU 7DU. 7DU 7[ m ~, W W t- W F- Q 2 4DU 4DU RM-4 ~ RCL 61-62-9 130' 4DU VAR 1459 4DU W RM-4 APARTMENTS 24 DU 4DU ~ RCL 61-62-90 B DU 8 DU VAR 1459 4DU 4DU ~ a 4DU W 4DU RM- 4 4DU PEARSON AVE RCL 61-62-90 - VAR 1459 4 DU 4DU 406 V1 E 6 DU 4DU 4DU 4DU 4DU 4DU 4DU RM-4 CL 61-62-90 VAR 1459 4DU 4DU RM 4 RM-4 - 4DU 4DU 4DU RCL 61-62-9 VAR 1459 4DU 4DU 4DU iE VAF VAF ORANGEWOOD AVENUE Reclassification No. 2004-00125 'r' ~? Subject Property Date: July 26, 2004 Scale: 1" = 200' Requested By: WILLIAM C. TAORMINA Q.S. No. 98 REQUESTS RECLASSIFICATION OF THE SUBJECT PROPERTY FROM THE T (TRANSITION) ZONE TO THE RM-4 (MULTIPLE -FAMILY RESIDENTIAL) ZONE OR A LESS INTENSE ZONE. TO CONSTRUCT AN APARTMENT COMPLEX. 2040 South Haster Street 1413(2oo4-7a s> ur ,~:,; ~u~~' .e, L. f t' ~r' 4 ~ ;A bxm ~ a~~ g y E r~-'~ I n ~ z?~ 3 e' ~, 4 1 . ;{ sr2Aa C ~' S uj 2~v #m ~ "" ~"_ .r r --.-t- ~.;? „*: °«~~ ,r, ITEM N0. 5 ~D~T~ RESOLUTION NO. PC2004--** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR RECLASSIFICATION NO. 2004-00125 BE GRANTED (2040 SOUTH RASTER STREET) WHEREAS, the Anaheim City Planning Commission did receive a verified petitionfor Reclassification for real property situated in the City of Anaheim, County of Orange, State of California, described as follows: PARCEL A: PARCEL 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 123, PAGES 46 AND 47 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. PARCEL B: ANON-EXCLUSIVE BASEMENT FOR VEHICULAR AND PEDESTRIAN INGRESS AND EGRESS AND VEHICULAR PARKING, AS MORE PARTICULARLY SET FORTH IN THAT CERTAIN AMENDED AND COMPLETELY RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS LA PALMA BUSINESS PARK, RECORDED SEPTEMBER 7, 1999, AS INSTRUMENT NO. 19990645934 OF OFFICIAL RECORDS. WHEREAS, the City Planning Commission did hold a putilic hearing at the Civic Center in the City of Anaheim on July 26, 2004 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 18.60, to hear and consider evidence for and against said proposed reclassification and to investigate and make fndings 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 fnd and determine the following facts: 1. That the petitioner proposes reclassification of subject property from the T (Transition) zone to the RM-4 (Multiple-Family Residential) zone or less intense zone. 2. That the proposed reclassification of subject property is necessary and/or desirable for the orderly and proper development of the community. - 3. That the proposed reclassification is consistent with the Residential Medium land use designation for the property and properly relates to the zones and their permitted uses locally established in close proximity to subject property and to the zones and their permitted uses generally established throughout the community. 4. That indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to reclassify this property from the T zone to the RM-4 or less intense zone and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. C R\PC2004-0 -1- PC2004- NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby approve the subject Petition for Reclassification to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to exclude the above-described property from the T zone and to incorporate said described property into the RM-4 zone upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That prior to introduction of an ordinance rezoning subject property, a preliminary title report shall be furnished to the Zoning Division showing the legal vesting of title, a legal description and containing a map of the property. 2. That the applicant shall be responsible for paying all charges related to the processing of this discretionary application within 30 days of :the issuance of a final invoice or prior to issuance of a building permit, whichever occurs first. Failure to pay charges shall result in delays in the issuance of required permits or the revocation of this entitlement. That prior to placement of an ordinance rezoning subject property on an agenda for City Council consideration, Condition No. 1, above-mentioned, shall be completed. The City Council may approve or disapprove a zoning ordinance at its discretion. If the ordinance is disapproved, the procedure set forth in Anaheim Municipal Code Section 18.60.140 shall apply. The provisions or rights granted by this resolution shall become null and void by action of the Planning Commission unless said conditions are complied with within one (1) year from the date of this resolution, or such further time as the Planning Commission may grant. 4. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim 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 conditions, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained., shall be deemed null and void. BE IT FURTHER RESOLVED, that this resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the subject property; any such rezoning shall require an ordinance of the City Council which shall be a legislative act which may be approved or denied by the City Council at its sole discretion. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of July 26, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18:60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -2- PC2004- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Pat Chandler, 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 July 26, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: 2004. IN WITNESS WHEREOF, I have hereunto set my hand this day of SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2004- ITEM N0. 6 DAYCARE acL sz-w-+] ?OD VILLAGE vAa 15zz ~ ~ ~ ~ 20 r 3 RTMENTS CHIROPMCTOR\' // RS-7200 p 49 DU t DU EACH W _ K E S1REE5 ,_ gYGPMOR ftCL B3L6a-12 -J ~ CL VAR I6]i 5 d Z RCL fit-63336 OFFICE ELOG p DENTIST OFFICE cL O SYCAMORE STREET RCL 61.62-3"0 AOJ 2001-0921 ~ CL OFFICE BLDG ^ RCL 9L92A W ^ tS'AA3 GN OOtPOU6] - EP ~ O tDU ~ RCL 611-6233 H RS-7200 ~ SMALL SHOPS p 1 DU EACH p a vJ w RCL 58-59-28 ~ .7200 Q SMALL SHOPS ~ ) E GH REDWOOD AVE Q SOUTH REDWOOD DR p0 ~ ~m?o~ RS-7200 ~ LL "N m''n RS-7200 Qmo J ~""'~~<~~ 1 DU EACH 1 DU EACH umjQ ~ ~~~~"' '? CL ~°w m tg0~ RCL 70-71-19 RCL 58-59-105 w ' T-CUP 2004-04867 RS-7200 a LLI ~ CUP 1341 °'"~ ~ ADJ 0085 i DU EACH °~Rr°cm W (RCL 51-52-12) ~~ J CAR WASH V 7~VE J moo " p BANGOR WAY ALMOND DR F^' p62~? 04348~~ U CL RCL 5B-59ana RS-A.43 ~p0 ADJ 0124 CHURCH CC .14 OFFICE 6lDG _ APP Z7,pU C 610 5 E REEN CO .111 a111 L 63-p R T PZ~ CO EN `' ICAO ME A pO4 TE CU UPo i C fi59_., VqR a15a J LL U O J ~~ J N oU r ~ } RCL ~^ 61-62-36 3 CLIP 2]93 ~ F U 7 LL () 7 BLANCHARD AVE Q Z J G U O tY A W U ~o RS-7200 1 DU EACH K r z I ¢l Conditional Use Permit No. 1341 Subject Property TRACKING NO. CUP2004-04867 Date: July 26, 2004 Scale: 1" = 200' Requested By: JMA Q.S. No. 112 REQUEST TO AMEND EXHIBITS AND CONDITIONS OF APPROVAL PERTAINING TO A PREVIOUSLY-APPROVED CAR WASH IN ORDER TO CONSTRUCT AN OIL CHANGE TUNNEL. 400 North State College Boulevard -State College Car Wash 7414 f~ I A r4 Direction General Plan Designation North Office-Low East Residential Low South (across State College Boulevard) Residential Low i West Office-Low Code-Required iGode-Required birection ` Proposed Buildingl Building Landscaped Landsca e'Setback r Setback Setback "North 120 feet to Building 0 feet of Iandsca m None None 45 feet to building East 10 feet of lantlsca in 20 feet 10 feet 22 feet to building South 0 feet of Iandsca in None None West (adjacent to State 95 feet to building College Boulevard) 5 feet of Iandsca in 15 feet 15 feet documentation. [DRAFT] RESOLUTION NO. PC2004-** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. 72R-530 ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 1341 (400 NORTH STATE COLLEGE BOULEVARD) WHEREAS, on September 18, 1072, the Anaheim City Council did, by Resolution No. 72R- 530, grant Conditional Use Permit No. 1341 to permit a car wash. WHEREAS, Resolution No. 72R-530, adopted :in connection with subject use permit, includes the following condition of approval: "11. That the subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1, 2, 3, and 4, provided however, that the parking on the south side of the property shall be redesigned with 90 degree spaces" WHEREAS, the petitioner has requested to amend said condition of approval in order to construct an accessory oil change tunnel in conjunction with the previously-approved car wash. WHEREAS, this property is currently developed with a carwash, the underlying zoning is C-G (General Commercial); the Anaheim General Plan designates this property for Office-Low land uses; and this property is situated in the City of Anaheim, County of Orange, State of California, described as: THE WEST 243.00 FEET OF THAT PORTION OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 4 SOUTH, RANGE 10 WEST tN THE RANCHO SAN JUAN CAJON DE SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT SOUTH 528.98 FEET FROM THE NORTHWEST CORNER OF SAID SOUTH HALF; THENCE EAST 579.71 FEET AT RIGHT ANGLES TO THE WEST LINE OF SAID SOUTH HALF; THENCE NORTHEASTERLY IN A DIRECT LINE TO A POINT SOUTH 424.25 FEET FROM THE NORTHEAST CORNER OF SAID SOUTH HALF; THENCE NORTH 88.00 FEET; THENCE WEST 1320.00 FEET TO SAID WEST LINE; THENCE SOUTH 192.73 FEET TO THE POINT OF BEGINNING. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 26, 2004, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.08:030.0402. 2. That the use would .not adversely affect the adjoining land uses and the growth and development of the area in which it is located based on the fact that the oil change tunnel is accessory to the existing car wash business. CR\PC2004-0 -1- PC2004- 3. That the size and shape of the site for the use is adequate to allow full operation of a car wash with an accessory oil change tunnel in a manner not detrimental to the area nor the peace health, safety, and general welfare. 4. That the traffic generated by the use would not impose an undue burden upon the streets and highways designed and improved to carry in the area since there is adequate on-site circulation for a car wash with an oil change bay at this location. 5. That the granting of the conditional use permit under the conditions imposed, wll not be detrimental to the health and safety of the citizens of the City of Anaheim. 6. That *** indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or her authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15303, Class 3 (New construction or conversion of small structures), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby amend, in its entirety, the conditions contained in Resolution No. 72R-530, to read as follows: 1. That the landscape planters shall be permanently maintained with live and healthy plant materials. 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 any proposed roof-mounted equipment shall be completely screened from view in all directions by properly designed and maintained design elements of the building. Said information shall be specifically shown on plans submitted for building permits. 5. That the parking lot serving the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the windows df nearby residences. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval. 6. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the current version of Engineering Standard Plan Nos. 436, 470, 471, 472, 473 and 475 pertaining to parking standards and driveway locations, Said information shall be specifically shown on plans submitted for building.permits. 7. That there shall be no public telephones on the premises located outside the building. 8. 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. 9. 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. -2- PC2004- 10. 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 fromaime. of occurrence. 11. That four (4) foot high address numbers shall be displayed on the flat area of the roof in a contrasting color tc the roof material, provided the numbers shall not be visible from the street or adjacent properties. Said information shall be specifically shown on plans submitted for building permits. 12. 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. Said information shall be specifically shown on plans submitted for building permits. 13. That if required to serve the new construction, the property owner shall provide the City of Anaheim Electrical Engineering Division of the Public Utilities Department with a public utilities easement to be determined as electrical design is completed. 14. That any necessary relocation of existing electrical facilities or streetlights shall be at the expense of the developer. 15. That no video, electronic or other amusement devices or games shall be permitted anywhere on subject property. 16. That the storage or overnight parking of vehicles, vehicle parts, or business-related materials shall not be permitted and work shall be limited to oil/tube servicing of automobiles. Absolutely no vehicular body work, painting or other business-related activities, or storage of vehicles, vehicle parts or materials shall be allowed in the front or rear yard areas, or on the roof of the buildings. 17. That customer parking spaces shall be striped and clearly marked for "customer parking only", and at no time shall customer vehicles be stacked, double parked, or left standing in tandem in front of, or adjacent to the buildings. 18. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened by architectural devices and/or appropriate building materials. Said information shall be specifically shown on the plans submitted for building permits. 19. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. 20. That the hours of operation shall be limited to 8 a.m. to 5 p.m., daily, as stipulated by the petitioner. 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 No. 1, Revision No. 1, Exhibit No. 2, Revision No. 1, Exhibit No. 3, Revision No. 1, and Exhibit No. 4, as conditioned herein. 22. That a landscape plan shall be submitted to the Planning Services Division for review and approval incorporating a 15 foot wide landscape setback adjacent to State College Boulevard with 24-inch box sized trees planted at a ratio of one tree for every 20 feet of street frontage. Any decision by staff regarding said plan may be appealed to the Planning Commission as a Reports and Recommendation Item. 23. 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. 4, 5, 6, 11, 12, 13, 18 and 22 above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 24. That prior to final building and zoning inspection, Condition'No. 21, above mentioned, shall be complied with. -3- PC2004- 25. 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 July 26, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Pat Chandler, 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 July 26, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of 2004. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2004- ATTACHI~4ENT - ITEM N0. 6 RESOLUTION NO. 72Ji-530 A RESOLUTION OF 1'HE CITY COUNCIL Or Tn,: CITY DP ANAHEIM GRANTING CONDITIONAL USE PERMIT NO,. 1341 WfOiREAS, the City Planning Commission of the City of Anaheim did initiate and propose the granting of a eonditional use permit from VIOLET VAN DELDEN, Owrer; RD-ERT >;. -URGi2N, Agont, to establish a oarwaah on tits following described property, situated Sn the City of Anaheim, County of Orange, 6tate of Cali- fornia, to wit: Tits West 243.00 feet of that portion of the South half of the Northwest quarter of the Northwest Ouartnr of Soction 12, Township 4 South, Range 10 Weat in the Rancho San Jran Cajon de Santa Ana, Cowtty of Orange, Stato of California, ae por map recorded in -ook 51, page 10 of 611ecallaneous Maps, in rho Office of tho County Recorder o£~eaid County, described as Follows: beginning at a point South 528.90 feet from ttto North- west corner of said South half; thence Easl• 579.71 feet at right angles to the West lino of said South half; thonco Northeasterly in a direct line to a point South 424.25 feet from the Northeast corner of said South half; thence NorLt 88.00 £eet; thence West 132D.DD feet to said Neat lino; thence South 19]'..73 feot to fire point of beginning. AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said a lication or. 19 notices of which said public hearing wer~gil ven as rued by law and the provisions of Title 18, Chapter 1P.76 of the Anaheim Municipal Code, and WHEREAS, said Commission, after due inspection, inves- tigation. and studies made by itself and in its behalf and after due consideration of all evidence and reports offered at said hearing did adopt its Resolution No, PC72-243 Series arantina Condltional Use Permit No. 1347.. subiect to _- WHEREAS, thereafter, within twenty-to'o (22) days from the date of the adoption of said resolution, the City Council did elect, upon its own motion, to review the action of the City Planning Commission in rantin said conditional use permit and did thereupon fix rte 1_ ~h ay of Ns.~, 1472 , as the time and the Council Chamber in the C ty a o theZ~it~y of Anaheim ae the place for a public hearing upon said conrlttion- al use permit, and notices of such public hearing were duly given as required by law and the provisions of Title 18, Chapter 18.76 of the Anaheim Municipal Code; and -1- W1iL•'REAS, at the time and place fined for said public hearing, the City Council did duly hold and conduct such hear- ing and did give all persona interested therein an opportunity to be heard and did receive evidence and reports; and WHEREAS, the City Council Finds, after careful con- sideration of the recommendations of the City Planning Commis- sion and all evidence and reports offered at said hearing, that: 1. The proposed use is properly one for which a conditional use permit is authorized by the Anaheim Municipal Code. 2. The proposed use will nut adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to 6e located. 3. The size and shape of the site proposed for the use is adequate to allow the full developm%nt of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 4. The traffic ~;-nerated by the proposed use will not impose an undue •burden upon the streets and high- ways designed and improved to carry the traffic in the area. 5. The granting of the 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. NOW, THEREFORE, BE IT RL•'SOLVEU by the City Council of the City of Anaheim that the action of the City Planning Commis- sion in rantin said conditional use permit be, and the same is ere y sus a ned and that Conditional Use Permit No. 1341 e,an~ d the same is hereby, granted permitting the oetabliehment of a carwash on the property hcrc:inbefore described, with waivers of the following Anaheim Municipal Code provisions: suction 18.40.040 - Outdoor nano. (Caz ~alish- ing proposed; car polishing not permitted) Section 18.40.070(3-a) - :iarir~um building helyht adjacent to single-family reeiclential. (18 feet and 14 feet propose"; l:i feet and 7.~ fcc~ ^-^-i~te•r) ~~-. That said Conditional Use Permit be granted subject to the follow- ing conditions: 1. T11at nll engineering requirements of the City of Anaheim along State College Boulevard and the public alley to the south, including prepazation of improvement plans and installation of all improvements such as curbs and gutters, eide- walke, street grading and paving, drainage facilities or other appurtenant work, shall be complied with as required by the City Engineer and in accordance with standard plans and specifications -2 - on file in the Office of the City Engineer; thnt street lighting facilities along State College Boulevard shall be installed as required by the Director of Public Utilities and in aoeordance ,..,_,._.. with etandnrd plans and specifications on file in the Office of the Director of Public Utilities; and that a bond in an amount and form satisfactory to the City of Anaheiri ehnll be posted with the City to guarantee the Installation of the above mentioned requirements. 2. That trash storage areas shall be provided in accordance with approved plane on file with the Office of the Director of Public Worts. 3. That any parking area lighting proposed shall be down- lighting oP a maximum height of six feet, which lighting shall be directed away from the property lines to protect the residen- tial integrity of the area. 4, That subject property shall be served by underground utilities. 5. That drainage of subject property shall be disposed of in a manner that is satisfactory to the City Engineer. 4. That the final parking plan shall be approved by the Development Services Department and any Landscaped stage in the parking area shall be protected with six-inch hinh concrete curbs and concrete wheel stops shall be provided for parking epacas ae requirefi by the Development Services Department. 7. That aubj;:ct property shall be devc:oped substantially in accordance with plane and enecifications on file aith the City of Anaheim marked Exhibits Nos. 1, 2, 3 and 4, provided, however, that the parking on the south aide of the property shall be redesiyned with 90° spaces. 8. That Condition No. 1, above mentioned, shall be com- e plied with prior to the commencement of the activity authorized under this resolution or prior to the time that the building permit is issued or within a period of one year fran the date hereof, whichever oceure first or each further time as the Planning Commission may grant. 9. That Conditions Nos. 2, 3, 9, 5, 6 and 7, above men- =loned, shall be complied with prior to final building an3 zoning inspections. The City Council hereby reserves the right to revoke such Conditional Use Permit for goof cause ar failure of said owners, their heirs, successors or assigns to comply with file Anaheim Municipal Code and raguiatioae and :nndisiorca !iat: gin. TEE FORF.GOIidG RESOLUTION is approved and signed by me this 14th day o£ November, 1972. ATTEST: Orlgln5l Signe3 by DENE M, DAOUST C TY C~ TFiE CITY OF ANAAEZPI ~Tglnal "signed 69 GiARK A. STci~HE@£ON NP.YOR OF TEL' CITY OF ANF,:dEIi•i +f a° ra WPE :ma ~-3- 6TATE OP CALIFORNIA ) COUNTY OF ORANGE ) se. ~-~-- CITY OF ANAHEIM ) I, DENS M. DAODST, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution flo. 72R-530 was passed snd adopted at a regular meeting of the City Council held on the 14th day of November , 19 72, by the following vote oft a members ereo AYES: COUNCILMEN: Sneegas, Stephenson, Febley and Thom NOES: COUtiCILMER: Nono ABSENT: COUNCILtEN: Dutton AND I FURTHER CERTIFY that the Mayor oaf the City of Anaheim approved and signed said resolution on the 14th dny of November , 19 72. Zii WITNESS WHEREOF, Z have hereunto set my hand and affixed the seal of the City of Anaheim this 14th day of November , 19~ Odglnal Signed 6Y DENE M. DAOUS7 CITY CLERK OF THP CITY OF AN7~FIEIH (SEAL) MUIEL ~ ~ ~ ~ NIOBE AVE h U7 } 2 O O U 200 ENTS w w K F y RCL y RCL Z CUP: O CU ~ ~CU O SF CL RCL 69-70-26 RCL 98-99-11 T-CUP 2002-0451 t T-CUP 2001-04344 CUP 2469 MOTEL& RESTAURANT STONYBROOK DR RCL 98-994 7 RCL 58-59-34 RCL 57-58-26 CUP 3145 SHOPS 8 COCKTAIL LOUNGE COLCHESTER DR CL .~r~ RCL 98.99.11 °mrv mmmmn CUP 3866 GOOOYE R p~NNp,Q ~ mm CL v iao, U -~~,~~~. RCL 9H-99-11 i U ~~UU RCL 58-59-34 ~ RCL 57-58-26 GUP 2967 APARTM ENTS CUP 1354 1 DU EACH CL I RCL 98-99-11 RS-7200 O RCL 57-58-35 1 DU EACH O CUP 3257 1 ~ VAR 648 CUP 3159 D; ONEDICAI OFFICES CRONE AVE I E (7 CL I W RCL 98-99-11 RS-7200 I RCL 58.59-117 1 DU EACH ~ ~ OFFICE BLDG I ti U.1 ~ W ~ Y ~ O O m ~ ^ ~ m 0 ~ 270 m BROO KMOREAVE 7494 U ~m~ m mz c~ i4mnac¢i~ U ru>m ~ ~' ~ O CO RCL 98-99-11 .RCL 63-64-706 RCL 62.63-113 BANK CL (BCC) VAR 1978 RCL 98-99-t i (CUP 4026) RCL 67-6H-H6 (CUP 423) RCL 62-63-113 (VAR 1918) RCL 54-55-7 (VAR 1918) CUP 2004-04868 (VAR 1136) CUP 2317 (VAR 967 S) CUP 2187 (VAR 1979) CUP 1977 (VAR 796) BALLHURST PLAZA SHOPPING CENTER RM-2400 RCL 89-90-55 RCL 67-68-86 RCL 62-63-113 RCL 54-55-7 TOWNHOMES 111 DU o= oQ ~ W ¢~ VAR 4246 CI F O } w Q F RCL 54.55.7 suewnr MINERVA AV[ = SANDWICH SHOP CL p cL CUP 3980 O Ra se-ss-11 RCL 54-554 CUP 2603-04766 m RESTAURANT RCl 8 99-~ 1 CUP 1440 ~• ,mreur Conditional Use Permit No. 2004-04668 Subject Property Date: July 26, 2004 Scale: 1" = 200' Requested By: BROOKHURST GROUP, LLC Q.S. No. 41 REQUEST TO ESTABLISH LAND USE CONFORMITY WITH CURRENT ZONING CODE LAND USE REQUIREMENTS FOR AN EXISTING NON-CONFORMING COMMERCIAL CENTER AND TO ESTABLISH A CONVENIENCE MARKET WITHIN AN EXISTING COMMERCIAL RETAIL CENTER. 802-808 South Brookhurst Street 1416 ~ F [ ~ ~ ' F 4 ~ ~ G i ,. ~1.~ ~ ~ r'~k .4 1 4 mew ,~ t ~ 3S's ~ ~ 1 ~ ",', ~ ; _$ k' S. ~~ ~~ ~ ~ i`* §f x °`V Vic" ~ ~~i ~.~~bi ~~ •, x'~4' b.4,-~'a? ~t ~I ~ 3~' ~ ~ ~'~r''r ".al :3 ~ ~ 'sa 4" 1 f J ~`,q , I~a ^r~~ ~ ~v ' fir' i ~ -=+~ ~"~" ~r~ ` ~~ I ~ ~ ~ C {{ ~ ~ `~ ~I Vy "~'~ ~ p dl r# c • h ,~ ~ "~ M I y B _,a, ~ ~1 ~ y ~ ~.ay~~ ~; ,.. ~ .. .fir-.L'L4_ ~.. h 1 ~ ~~ ~~ '~~ - ~ ~ ; , ~ a d ~ ~ ~~ CRONE AVE - - STONYBROOK DR - ~ ~~ ~ ~ ~ ~ ~= ~ ? ~ ~ ' `~ { ~ £a~" ~ ~ i ~ sett ~ y ~~'i ~~ ~ ~ u.,.~.r~ °~ ~' 3' fi ~ t -awx~ur--'~5~r ~"d~ " ~ x~ 4 r~ `>i wra r ,,, , COLCHESTER DR ~ ~^~ ~~ ~ ~ _ ~,.~ . r~~ L v, ` t ~ I Y ~ ~~ ~~ ~ 3 ~±'' n. ~ ~~ O ,2 E v~ ~ ry as a xr. r '"" ~ ~~ ~' ~ ~~~ ;" t ~` ~~` ~ f ~~~~~~ c ~-a~~~`-? v ~ BRANBURYaCR~;`~"~, :, Z =~ "' ~ ., ~ ,,r .~ tw. ```~~ `' ~~{` ~ E rr-~~r-~-BROOKMOREAVE s~ 1 ~.a i ~,~ 1~ ~~ - ... t ~ t ~ w. L2 rt a tu~~~r ~ ..~1 ~-r, t, ~t"y=`a ud~'~' ~ .+...*~ ~ ~ '~I~.~ ~ ._ ~ ;. wr ~#7wa ~~~3~~ -r~C U ILL"CIFj~ ~~t ;, H RCH I ~ ~ l 3$ r t q 14 k S~ ~ b .m~y~~ ~ Y .,~.~ 68tH CC ti Y ~~ S iP- ti 7~ £~ 3'~ 3 ,~ w _ .mot ~ t~ r~ .~'- 9- ~"" ~ 'J ~a' r "5£ ~ ~$4jf _9 ~k ,i t x 1 kt p, ~~~ f ~ .. - ~ ~ ~ '°~ ' 3 ~~ O~~WELLINGTON CIR~ ON C Rp ~ ~F a 'fs n j ~^" 2A ,~. m. v' 4 F A~ ~ 1 ~~ j ~ f . t ~' ~" ! ~ .:~ ~ . i. '~: ITEM N0. 7 birection General Plan Designation North Corridor Residential' East ! Residential Low-Medium South, across ; Brookmore Avenue Corridor Residential.: West, across Brookfiurst Street !Residential Medium Business Name Store Total Square ICode-Required ` Parking,Ratio Total Required Number Footage er 1;000 s.f. Spaces Proposed Convenience Market (formerly Al Rayan gp2/g08 4,700 5.5 25.8 restaurant 1AI Sanabel Bake 816/820 2,050 5.5' 11.2 Kassem EI-Katat (office) 824 1,028 4.0 4.1 Video Rental 826 1,000 5.5 5:5 f Ontime Printing 830 2,000 5.5' 1 t Star Dental ` 842 1,650 6 9.9 Islamic Fashion 846/850 1,650 5.5 9.1 First Class Hair Designs 858 2,475 5.5 13:6 Skywings Travel ? 866 825 5.5 4.5 CleopatCa Hair 868 935 5.5` 5.1 West Pharmacy i 870 1,575 5.5' 8.6 Casa Mexican (shown on 882 320 1 5.5 7.2 Iansas,Banana Juice Bar , Siziler ? 888 4,727 8 37:8 Total 25,935 153 [DRAFT] RESOLUTION NO. PC2004-' A RESOLUTION OF THE ANAHEIM CITY PLANNFNG COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04868 BE GRANTED ($02-808 SOUTH BROOKHURST STREET) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 10, MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION AS SHOWN ON A MAP OF TRACT NO. 5162, FILED IN BOOK 302, PAGES 24 TO 29 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE NORTHERLY LINE OF SAID SOUTHWEST QUARTER OF SOUTHWEST QUARTER NORTH 89° 58' 11" EAST 60.00 FEET TO A POINT ON A LINE THAT IS PARALLEL WITH AND DISTANT 60.00 FEET EASTERLY FROM THE CENTERLINE OF BROOKHURST STREET AS SHOWN ON SAID MAP OF TRACT 5162; SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY LINE NORTH 89° 58' 11" EAST 220.02 FEET TO THE NORTHWEST CORNER OF SAID TRACT; THENCE ALONG THE WESTERLY LINE OF SAID TRACT SOUTH 00° 40' 06" WEST 378.83 FEET TO A POINT ON A LINE THAT IS PARALLEL WITH AND DISTANT 32.00 FEET NORTHERLY FROM THE CENTERLINE OF BROOKMORE AVENUE AS SHOWN ON SAID TRACT MAP; THENCE ALONG SAID PARALLEL LINE NORTH 89° 19' 54" WEST 205.00 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 15:00 FEET THE NORTHERLY TERMINUS OF SAID CURVE BEING TANGENT WITH FIRST MENTIONED PARALLEL LINE; THENCE WESTERLY, NORTHWESTERLY AND NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90° 00' 00", AN ARC DISTANCE OF 23.56 FEET; THENCE ALONG FIRST MENTIONED PARALLELLINE NORTH 00° 40' 06" EAST 361.15 FEET TO THE TRUE POINT OF BEGINNING. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 26, 2004 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 18.60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section No. 18.08.030.0402. 2. That the proposed convenience market as conditioned herein would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. Cr\PC2004-p -1- PC2004- 3. That the size .and shape of the site for the market 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 since no waivers from Code development standards were necessary far this business. 4. That the traffic generated by the market would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. That the granting of the 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. 6. That'** indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's authorized representative has determined that the proposed project falls within the definition of Gategorical Exemptions, Section 15301, Class 1 (Existing Facilities), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in prder to preserve the safety and general welfare of the Citizens of the City of Anaheim: Convenience Market: 1. That, as stipulated by the petitioner, the hours of operation for the convenience market (including deliveries) shall be limited to 8 a.m. to 10 p.m., daily. 2. That no alcoholic beverages shall be sold or consumed on the premises. 3. That no video, electronic or other amusement devices or games shall be permitted in conjunction with this convenience market. 4, That prior to the operation of this business, a valid business license shall be obtained from the City of Anaheim, Business License Division of the Finance Department. 5. That window signage shall not be permitted for the convenience market. All fixtures, displays, merchandise and other materials shall be setback a minimum of three (3) feet from all window areas. Said information shall be specifically shown on plans submitted for building permits. 6. That a separate trash enclosure shall be provided for the market and shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum 1-gallon size clinging vines planted on maximum 3-foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for Public Works Department, Streets and Sanitation Division approval. No trash storage areas shall be allowed in any required setback areas. A plan sheet for solid waste storage, collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division for review and approval. 8. An on-site trash truck turnaround shall be provided and maintained in conformance with Standard Engineering Plan No. 476. Said turnaround area shall be specifically shown on plans submitted for building permits. -2- PC2004- That the business shall be equipped with an alarm system (silent or audible). 10. That aBurglar/Robbery Alarm permit application, Form APD 515 be obtained from the Police Department. 11. That a Fire Emergency Listing Card; Form APD-281 shall be obtained from the Police Department. 12. That 4-foot high rooftop address numbers shall be displayed on the roof in a contrasting color to the roofing material and shall not be visible from adjacent streets. Said information hall be specifically shown on plans submitted for Police Department, Community Services Division approval. 13. That the proposal shall comply with all signing requirements of the CG(BCC) zone, including the removal of the sign projecting from the subject unit adjacent to Brookhurst Street. 14. That as designated on Exhibit No. 1 (space no. 1) shall be reserved for deliveries during regular business hours for loading and unloading in connection with the convenience market; that said area shall not be used for outdoor storage of goods or delivery vehicles. 15. That no trucks shall be parked or stored anywhere on the subject property for the purpose of advertising this commercial retail center or tenants. 16. That shopping carts shall be stored inside the building at all times and plans submitted for building permits shall indicate an area within the market dedicated to the storage of shopping carts. That a shopping cart retrieval plan shall be submitted to the Planning Services and Code Enforcement Divisions. The plan shall include provisions for the periodic retrieval of shopping carts from the parking lot and operational practices to prevent patrons from taking the shopping carts from the premises. 17. That no outdoor storage, display or sales of any merchandise or fixtures shall be permitted outside the :building. Commercial Retail Center 18. 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. 19. That a landscape plan for the entire site shall be submitted to the. Planning Department indicating type, size and location of existing and proposed refurbished landscaping and irrigation for review and approval by the Planning Department. Any decision by staff regarding said plan may 6e appealed to the Planning Commission as a Reports and Recommendation item. Once approved, the landscaping shall be installed and maintained in accordance with the plan. The landscape plan shall indicate the following: e That on-site landscaping and irrigation system shall be provided/refurbished and maintained in compliance with City standards. a That the front landscaped setback area adjacent to Brookhurst Street shall be planted and irrigated with a minimum of nineteen (19) 24-inch box evergreen trees, groundcover and shrubs. That the front landscaped setback area adjacent to Brookmore Avenue (adjacent to the parking lot) shall be planted with shrubs (minimum size of 5-gallon) to provide screening of the parking area from public view. The planter area adjacent to Building C shall be planted with two (2) additional 24-inch box trees. -3- PC2004- e That parking lot trees (minimum of six (8) 24-inch box trees for a total often (10) trees within the parking lot area) shall be planted within the existing parking lot landscape planters. 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-fqur (24) hours from time of occurrence. 21. That all existing landscaping shall be maintained and immediately replaced in the event that it becomes diseased or dies. 22. 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. 23. That all air conditioning facilities and other roof and ground-mounted equipment shall be properly screened from view and sound buffered from adjacent residential properties. Said information shall be specifically shown on plans submitted for Planning Services Division approval. 24. That all public telephones shall be located inside the building only. 25. That no outdoor storage, display or sales of merchandise or fixtures shall be permitted. 26. That roof-mounted balloons or other inflated devices shall not be permitted. 27. That no video, electronic or other amusement devices or games shall be permitted anywhere on subject property. 28. That no vending machines shall be permitted on the property, which are visible from the public right- of-way. 29. That the number of tenant spaces shall be limited to thirteen (13) units as reflected on the site plan (Exhibit No. 1). 30. That all trash generated from this commercial retail center shall be properly contained in trash bins contained within approved trash enclosures. The number of bins shall be adequate and the trash pick-up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property. The Code Enforcement Division of the Planning Department shall determine the need for additional business for additional pick-up. All costs for increasing the number of bins or frequency of pick-up shall be paid for the business owner. 31. That prior to the operation of this business, a valid business license shall be obtained from the City of Anaheim, Business License Division of the Finance Department for all businesses within the commercial center. 32. That all window signage exceeding 10% of the window area shall be removed. 33. That the parking lot shall be repaired, slurry sealed and restriped. 34. That any required relocation of City electrical facility shall be at the developer's expense. 35. That if required to provide electrical service to the project, the legal property owner shall provide the City of Anaheim with a public utility easement to be determined as electrical design is completed. Said easement shall be submitted to the City of Anaheim Electrica Engineering Division of the Public Utilities Department. -4- PC2004- 36. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit No. L 37. That the owner of subject property shall submit a letter requesting termination of Conditional Use Permit No. 2181 (to permit on-sale alcoholic beverage sales in an existing restaurant at 808 South Brookhurst Street) to the Zoning Division. 38. 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. 5, 6, 7, 8, 12, 13 and 16 above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 39. That within ninety (90) days from the date of this resolution, Condition Nos. 18, 19, 22, 23, 24, 31, 33 and 37 above-mentioned, shall be complied with. 40 That prior to final building and zoning inspections Condition Nos. 4, 9, 10, 11 and 36 above- mentioned, shall be complied with. 41. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of July 26, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures' of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION _5_ PC2004- STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Pat Chandler, 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 July 26, 2004, by the fallowing vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of .2004. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -6- PC2004-