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PC 2004/10/18a ~ ia~ e~ es~o a ._. Monday, ®ctober' 18, 2004 Council Chamber, City Hall 200 South Anaheim Boulevard, Anaheim, California • Chairman: Gail Eastman • Chairman Pro-Tempore: David Romero Commissioners: James Vanderbilt-Linares, Jerry O'Connell Kelly Buffo, Cecilia Flores, Pat Velasquez • Call To Order Preliminary Plan Review 1:00 P.M. Staff update to Commission on various City developments and issues (As requested by Planning Commission) • Preliminary Plan Review for items on the October 18, 2004 agenda • Recess To Afternoon Public Hearing Session • Reconvene To Public Hearing 2:30 P.M. For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary. • Pledge Of Allegiance • Public Comments • Consent Calendar • Public Hearing Items • Adjournment You may leave a message for the Planning Commission using the following e-mail address: plannngcommission(a~anaheim.net H:ldocslclerical\agendas1101804.doc 10/18/04 Page 1 Anaheim Planning Cpmmission Agenda - 2:30 P.M. Pl.tblic Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim Planning Commission or public comments on agenda items with the exception of public hearing items. Consent Calendar: The items on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Planning Commission, staff or the public request the item to be discussed and/or removed from the Consenk Calendar for separate action. Reports and Recommendations 1A.(a) CEQA Categorical Exemption, Class 32 (b) Miscellaneous Case No. 2004-00092 Agent: Elisa Stipkovich, Anaheim Redevelopment Agency, 201 South Anaheim Boulevard, Suite 1003, Anaheim, CA 92805 Location: No addresses Requests review and recommendation to the Anaheim Redevelopment Agency of basic concept drawings fora 17-unit single family residential project. 1 B. (a) (b) (c) Determination of Public Convenience or Necessity No. 2002-00008 (Tracking No. PCN2004-00017) Agent: Elisa Stipkovich, Anaheim Redevelopment Agency; 201 South Anaheim Boulevard, Suite 1003, Anaheim, CA 92805 Location: 200-328 North Beach Boulevard and 2951-2961 West Lincoln Avenue. Requests extension of time to comply with conditions of approval for a previously-approved commercial retail center of regional significance. Project Planner: David See (dsee at7anaheim.net) sr2165ds.doc Q. S. 30 Project Planner: David See (dsee (o)a n ah ei m: net) sr2164ds.doc Q. S. 12 10/18/04 Page 2 1C.(a) CEQA Negative Declaration (Previousiv-Approved) (b) Variance No. 2002-04490 (Tracking No. VAR2004-04630) Agent: Bill Dalati, 791 South Brookhurst Street, Anaheim, CA Project Planner: 92804 Amy Vazquez (avaza uez(o~ a na het m. net) Location: 852 North West Street. Request for approval to retain the architectural style of the existing sr8803ht.doq residence. Q. 5. 61 Minu es Receiving and approving the Minutes from the Planning Commission Meeting of September 20, 2004. (Motion) Continued from the October 4, 2004, Planning Commission Meeting. Receiving and approving the Minutes from the Planning Commission Meeting of October 4, 2004. 10/18104 Page 3 Public Hearina Items: 2a. CEQA Negative Declaration Request for 2b. Waiver Of Code Requirement continuance to 2c. Conditional Use Permit No. 2004-04883 November 1, 2004 _ „ _ Owner: Slagle Properties A Partners, 912 Via De Angeles, San Clemente, CA 92672 Agent: Rudy Trejo, 1521 East Lincoln Avenue, Anaheim, CA 92805 Location: 1521 East Lincoln Avenue. Property is approximately 0.15-acre, located at the northeast corner of Lincoln Avenue and Larch Street. Request to retain a church within an existing single-family residence with waivers of: (a) minimum setback for institutional uses abutting a residential zone boundary, and (b) minimum number of parking spaces. Project Planner: Della Herrick (dherrick(c~anaheim.neq Continued from the September 20, 2004, Planning Commission Meeting. Conditional Use Permit Resolution No. sr8774dha.doc Q.S. 103 3a. CEQA Categorical Exemption -Class 1 3b. Conditional Use Permit No. 2001-04440 (Tracking No. CUP 2004-04911) Owner: James Tsai, 7002 Moody Street, Suite 105, La Palma, CA 90623 Agent: Daniel Hwang, PC Zone, 2626 West Baylor Circle, Suite 213, Anaheim, CA 92801 Irv Pickier, 1818 East Orangethorpe Avenue, Fullerton, CA 92831 Location: 3174 West Lincoln Avenue -Suite 108. Property is approximately 5.7 acres, located south and east of the southeast corner of Lincoln and Western Avenues. Request reinstatement of this permit by the modification or deletion of a Project Planner: condition of approval pertaining to a time limitation (approved on Elaine Yambao September 24, 2001 to expire September 24, 2004) to retain apreviously- (evambao(a~anahetm.net) approved Internet cafe within an existing commercial retail center. Conditional Use Permit Resolution No. sr3085ey.doc Q.S. 9 10/18/04 Page 4 4a. CEQA Negative Declaration (Previously-Approved) 4b. Conditional Use Permit No. 4074 (Tracking No. CUP2004-04915) Owner: Living Stream Ministry, 2431 West La Palma Avenue, Anaheim, CA 92801 Agent: Phil Schwartze, 31682 EI Camino Real, San Juan Capistrano, CA 92675 Location: 2411 - 2461 West La Palma Avenue and 1212 North Hubbell Wav. Property is approximately 40.4 acres, located at the northwest corner of La Palma Avenue and Gilbert Street. Request tc delete a condition of approval pertaining to a time limitation to project Planner: retain an adult/career training center. Scott Koehm (skoehm(c~anaheim.net) Conditional Use Permit Resolution No. sr8800gk.doc Q.S. 24 5a. CEQA Mitigated Negative Declaration (Previously-Approved) 5b. Conditional Use Permit No. 2003-04710 (Tracking No. CUP2004-04913) Owner: Living Stream Ministry, 2431 West La Palma Avenue, Anaheim, CA 92801 Agent: John Pester, Living Stream Ministry, 2431 West La Palma Avenue, Anaheim, CA 92801 Location: 2411-2461 West La Palma Avenue and 1212 North Hubbell Wav. Property is approximately 40.4 acres, located at the northwest corner of La Palma Avenue and Gilbert Street (Living Stream Ministry). Request to amend or delete conditions of approval pertaining to Project Planner: Scott Koehm operational constraints to retain an adult/career training center in (skoehmfa~anaheim.net) conjunction with a teleconference center. sr8802gk.doc Conditional Use Permit Resolution No. Q.S. 24 10/18/04 Page 5 6a. CEQA Negative Declaration 6b. Waiver of Code Requirement 6c. Conditional Use Permit No. 2004-04907 Owner: Rondeux Investments, LLC, 1515 West Mable Street, Anaheim, CA 92802 Agent: Kenny Zwick, Delta Group, 2362 McCaw Avenue, Irvine, CA 92614-5832 Location: 1515 West Mable Street. Property is approximately 1.9 acres, having a frontage of 461 feet on the north side of Mable Street, located 154 feet north of the centerline of Broadway. Request to permit a telecommunications antenna (disguised as a palm tree) and accessory ground-mounted equipment with waiver of minimum setback adjacent to an interior (rear) property line. Conditional Use Permit Resolution No. 7a. CEQA Negative Declaration 7b. Conditional Use Permit No. 2004.04910 Owner: Anaheim Union School District, P.O. Box 3520, Anaheim, CA 92803 Agent: Kenny Zwick, Delta Group, 2362 McCaw Avenue, Irvine, CA 92614-5832 Location: 1800 West Ball Road. Property is approximately 17.2 acres, located at the southeast corner of Ball Road and Nutwood Street (Trident Adult Center). Request to permit a telecommunications antenna (disguised as a pine tree) with accessory ground-mounted equipment. Conditional Use Permit Resolution No. Project Planner: John Ramirez (i n ra m i rez C~ a n a h e i m .net ) sr5120jr.doc Q.S. 54 Project Planner: Della Herrick (dherrick at7anaheim.net) sr8798dh.doc Q.S. 49 10/18/04 Page 6 Sa. CEQA Negative Declaration 8b. Waiver of Code Requirement 8c. Conditional Use Permit No. 2004-04908 Owner: Post #3173, 805 East Sycamore Street, Anaheim, CA 92805 Agent: Kenny Zwick, Delta Group, 2362 McCaw Avenue, Irvine, CA 92614-5832 Location: 805 East Svcamore Street. Property is approximately 0.9- acre, having a frontage of 100 feet on the north side of Sycamore Street, located 170 feet west of the centerline of Vine Street (VFW Hall No. 3173). Request to permit a telecommunications antenna (disguised as a Project Planner: John Ramirez flagpole) and accessory ground-mounted equipment with waivers of: (a) (iaramirez(c~anaheim.net) minimum setback adjacent to an interior property line, and (b) minimum number of parking spaces. sr5119jcdoc Conditional Use Permit Resolution No. Q.S. 82 9a. CEQA Negative Declaration 9b. Conditional Use Permit No. 2004.04909 Owner: City of Anaheim, P.O. Box 3222, Anaheim, CA 92803 Agent: Kenny Zwick, Delta Group, 2362 McCaw Avenue, Irvine, CA 92614-5832 Location: 2100 South Haster Street. Property is approximately 8.7 acres, located at the southeast corner of Orangewood Avenue and Haster Street (Ponderosa Park). Project Planner: Della Herrick Request to permit a telecommunications facilit (dis uised as a light ole) (dherrick(a~anaheim.net) y g p with accessory ground mounted equipment. Conditional Use Permit Resolution No. sr8801dh.doc O g gg Adjourn To Monday, November 1, 2004 At 1:00 P.M. For Preliminary Plan Review. 10/18/04 Page 7 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: I i : vOG_.,..,. (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: ~`~"-~ ~'"'~- If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written corresppndence delivered to the Planning Commission or City Council at, or prior to, the public hearing. RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION ACTION Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits and Variances will be final 22 days after Planning Commission .action .and any action regarding Tentative Tract and Parcel Maps will be final 10 days after Planning Commission action unless a timely appeal is filed during that time. This :appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. ANAHEIM PLANNING COMMISSION In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning Department, (714) 765-5139. Notification no later than 10:00 a.m. on the Friday before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Recorded decision information is available 24 hours a day by calling the Planning Department's Automated Telephone System at 714-765-5139. 10/18/04 Page 8 SC6-~E®I.DLE 2004 November 1 November 15 November 29 December 13 December 27 10/18/04 Page 9 Item lA AREA 3 \ RS-2 ~ MIS 20D4-00092 VACANT \ VACANT ... ._.. VACANT ` /~~l . / FRs ~o ~ ipF F Y f FRF 4J Fw ~ qY ~ RS-2 = RS-2 377 1 Du EACH P~C ; .~,,; ~~ ~ t oU EAC Y qCq ~ q~~«Y W N ~ ~, q v m o / ~U< <FR / 7 pVE ' oR To . C ci ~ ANG ppE '. q cH 7 ~, gC F H o <7 ,yiT vN ACANT ryC P7C, ~ gO/< 71f7Ts ~ BRITAIN ;w <Yw i ti Ce rvUQ N ¢ Z ul '~ W !'qc~ ~` ~ ~ o ~ ~ ~ w rv w T y =OY ~ ~ o 5 `r^~ti „ ' FqC o ~' s Sq~ a~ ~r y , ~~T e ti ~~ ~ ~cb ~ ~ ,p ~, . ~,,. ~ moo ~~r cQy z~~:~~ q ~ ,~ ? ~ ~ ~ Y 1 ~ ~~ ~ ~ T ,~ ` ~ i ; AREA2 y" ~~~ ' ~. , c, RS-2 Sp MIS2004-00092 ,~~^~ y R ~ '~ GT VACANT ~. 2 N ~ RCL 53-54-24 ~ci~ '- ~` ~~ s ~ ' RCL 66-6744 s~`~. cR9 AREA1 ~2@ CUP 4063 ~< ~ ,Pp RS-2 9p MIS2004-00092 ~ SMALL NO. F RMS VACANT Miscellaneous Case No. 2004-00092 t~. Subject Property Date: October 18, 2004 Scale: Graphic Requested By: ELISA STIPKOVICH Q,S. No. 3D REQUESTS REVIEW AND RECOMMENDATION TO THE ANAHEIM REDEVELOPMENT AGENCY OF BASIC CONCEPT DRAWINGS FORA 17-UNIT SINGLE-FAMILY RESIDENTIAL PROJECT. No addresses Tss~ ITEM I10. 1-B U ®w®~ RCL 8669Y'~-G CUP 289 TRAVELODGE GG RCL Bt-62-73 CUP i651 - CUP 464 WNG'S MDTEL as 67.Q.n do CUP 359] flE5T.0 cUP 1]07 6CEItlTEHS CUP IRI C-G RCL 6t-fi2-73 CUP 484 FG CUP' RCL 61-62.73 CUP FG C RCL 61-fi2-73 RCL 61 CUP 3559 CUP CUP 464 IVAR SMALL COMM. SH i6-99 363 c-G 342 RCL 9699-12 T. RCL 5380.7 VAR 2850 5 VAR 7958 TOWER RECORDS Q GG > RCL 968372 LLI RCUP 27057 J FURNITURE ~ SFORE O m 2 Q W c-D m flclebeo-f] RCl5S5&]] LUP ]000 NP 905 5.5.8 .FOOD MART RM-0 RCL 2002-00081 RCL 2000-00036 ((RRes. of Inl. to RS•A-03,000) RCL 82-63-04 RCL 2002-00081 a RCL 2000-00038 ~. ~ ~ N w of Int. to R5 A-03 OOOp f ~ f RCL 77-76-07 o RCL 76-77-09 ~ GUP 2002-04603 ; T-CUP 2004-04923 ~ I CUP 1643 r ~~ RCL 63-64-110 ~ CUP 2002-09fi03 ~'~~, ' r=% .~.. r F.i~~' T-CUP 2004-04923 VAR 3306 $ ' ~~ I-- ~ DJ on VAR 639 ,, •'~ ~ PCN 2002-00008 r ; t ` T•PCN 2004-00017 ~ f f ~ VACANT :,~ > r! J II rl i I ~1 j® 490 Gf3 ~ ~ `r ~ ~ ~ 1 N 'l ~ t :'~;. 1 " f COMMERCIAL CORRIOORS I e. j ~ o- .. f F , 7rf I ~ ,. -- I ` I I 1 I RS-2 -_-~ I a.~c.~a.i I ~ I i I I RM-0 I 1 DU EAGW ~ - ;> I I RCL 77-76-07-~~m I :~ ,^'~ t j ~ RCL 76-77-09 _-1 ~~ I ~ cG ~ z_ p CUP 1643 r n ~ W RCL 93Do-ta z RM-0 r I rr - N ;s' RCL 62-83-09 I VAR 2960 1 ~ I VAR 2632 I ~ ~ RCL 5556-36 7-cuP 2a0&047s~ F VAR 3306 I I I to OUP 2002-04636 . 'APARTMENT51 - % I AP75. -~ 198 DU I ~ cuP 2a62-o46tz "- . I t -- 31 DU ~_ I < T.cuP zaoz- I ~ ~ ~ CUP 4tE i t ~~', ~ ~ I ~ I j BEL-AIR CE I ' j - _~ WEST ANAHEIM COMMERCIAL CORRIDORS LINCOLN AVENU E Conditional Use Permit No. 2002-04603 ~ ~ Subject Property TRACKING NO. CUP2004-04923 Date: October 18, 2004 Determination of Public Convenience or Necessity No. 2002-00008 TRACKING NO. PCN2004-00017 Scale: Graphic Requested By: ELISA STIPKOVICH Q.S. No. 12 REQUEST FOR TIME EXTENSION TO COMPLY WITH CONDITIONS OF APPROVAL FOR A PREVIOUSLY-APPROVED COMMERCIAL RETAIL CENTER OF REGIONAL SIGNIFICANCE. 200 - 328 North Beach Boulevard and 2951 - 2961 West Lincoln Avenue 1ss7 ATTACHMENT - R&R 1-fl RESOLUTION NO.'LOU4-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION 2002R-233, NUNC PRO TUNC, RELATING TO ZONING. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES FIND THAT: WHEREAS, the City Council of the City of Anaheim did, on November 5, 2002, adopt Resolution No. 2002R-233; and WHEREAS, through inadvertence and clerical error, Condition of Approval Nos. 58-86 were not included in said Resolution; and WHEREAS, the City desires, and the public interest and general welfaze requires, that said error be corrected Hunt pro lunc. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that Resolution No. 2002R-233 be, and the same is hereby amended, Hunt pro tunc, by adding thereto the following conditions of approval: "58. That final detailed site, floor, lighting, and elevation plans for the full service restaurants shall be submitted to the Zoning Division for Planning Commission review and approval as a "Reports and Recommendations" item. 59. That a letter of operation indicating all operational aspects of each of the full-service restaurants, including the hours of operation, shall be submitted to the Zoning Division for Planning Commission review and approval as a "Reports and Recommendations" item. The hours of operation for each restaurant shall be determined by the Planning Commission as a "Reports and Recommendations" item. 60. That a final detailed outdoor seating and public plaza plan, including public art, landscaping, and water features, shall be submitted to the Zoning Division for Planning Commission review and approval as a "Reports and Recommendations" item. 61. That final detailed floor plans and letter of operation indicating the proposed hours of operation for the amusement device azcade shall be submitted to the Zoning Division for Planning Commission review and approval as a "Reports and Recommendations" item. 62. That final detailed site, floor, and drive through lane plans for the drive-through restaurants shall be submitted to the Zoning Division for Planning Commission review and approval as a "Reports and Recommendations" item. 63. That the establishment shall be operated as a "Bona Fide Public Eating Place" as defined by Section 23038 of the Califomia Business and Frnfessions Code. 64. That there shall be no baz or lounge maintained on the property unless licensed by Alcoholic Beverage Control and approved by the City of Anaheim. 65. That there shall be no pool tables maintained upon the premises at any time. 66. That the alcoholic beverage licenses shall not be exchanged for a public premises (bar) type license nor shall the establishment be operated as a public premise as defined in Section 23039 of the California Business and Professions Code. 67. That the sales of alcoholic beverages shall not exceed 40% of the gross sales of all retail sales during any three (3) month period. The applicant shall maintain records on a quarterly basis indicating the sepazate amounts of sales of [beer and wine] [alcoholic beverages] and other items. These records shall be made available, subject to audit and, when requested inspection by any City of Anaheim official during reasonable business hours. 68. 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. 69. That the sales of alcoholic beverages for consumption off the premises shall be prohibited. 70. That there shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcohol beverages, with the exception of one (1) sign indicating "cocktails". 71. That the activities occurring in conjunction with the operation of these establishments :shall not cause noise disturbance to surrounding properties. 72. 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. 73. That at all times when entertainment or dancing is permitted, approval shall be obtained from 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 prevent disturbance to the neighborhood by excessive noise created by patrons entering or leaving the premises. 74. That all doors serving subject restaurants shall conform to the requirements of the......... Uniform Fire Code and shall be kept closed and unlocked at all times during hours of operation except for ingress/egress, to permit deliveries and in cases of emergency... 75. That the outdoor dining area shall be completely enclosed by fencing or other such permanent structure as approved by the City, at least forty (40) inches in height, into which entry is only possible from the interior of the business. Emergency exits required by the Uniform Fire Code shall be maintained, but not utilized by patrons/employees other than in an emergency. Said information shall be shown on plans submitted for building permits. 76. That any on-site maintenance or repair of recreational vehicles, cars, boats, personal watercraft, motorcycles, or trailers, shall be prohibited. 77. That no public sales of propane gas or the public use of dumping stations shall be permitted at this property. A maximum of one (1) sanitary dump station, for the use of tenants only, shall be permitted. A plan showing the location of said facility shall be submitted to the Zoning Division for review and approval. 78. That the vehicles pazked adjacent to the north and east walls shall not extend or project above the block wall fence. 79. That no commercial tractor trailers or 18-wheel vehicles shall be permitted at this site. 80. That no storage of inoperable vehicles shall be permitted and that no unlicensed vehicles shall be stored at the site. 81. That final detailed site, fencing, floor, elevation, lighting, and landscaping (with materials, sizes and locations of plant materials and methods of screening) plans for the self storage/RV and boat storage facility shall be submitted to the Zoning Division for Planning Commission review and approval as a "Reports and Recommendations" item. 82. That a letter of operation indicating all operational aspects of the self storage/RV and boat storage facility, including the hours of operation, shalt be submitted to the Zoning Division for Planning Commission review and approval as a "Reports and Recommendations" item. 83. 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 mazked Exhibit No. 1, and as conditioned herein. 84. That prior to the issuance of a building permit, or within a period of two (2) yeazs from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 3, 4, 9; TO 11, 12, 13, 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25, 27, 28, 29, 30, 32, 34, 35, 36, 37, 38, 39, 42, 44, 45, 46, 47, 48, 49, 52, 53, 57, 58, 59, 60, 61, 62, 75, 77, 81, and 82; above-mentioned, shall be complied with. 85. That prior to final building and zoning inspections, Condition Nos. 33, 77, and 83, above-mentioned, shall be complied with. 86. 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 fmdings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement." BE IT FURTHER RESOLVED that in all other respects, said Resolution No. 2002R-233 shall remain in full force and effect. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 24 day of Feb. , 2004. MAYOR OF THE ITY F ANAHEIM ATTEST: CL[.-~c.e~c,e~G/E ITY CL RK O THE CITY OF ANAHEIM 53033.1~.SMANN~February 6, 2004 STATE OF CALIFORNIA } COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2004-29 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 24th day of February 2004, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Pringle, Chavez, Hernandez, Mc Cracken, Tait NOES: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS: None ' ABSENT: MAYOR/COUNCIL MEMBERS: None CITY CL RK OF THE CITY OF ANAHEIM (SEAL) ATTACHMENT - R&R 1-B RESOLUTION N0.2002R-234 A RESOLUTION OF THE CITY COUNCIL OF THE CITX OF ANAHEIM FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE OR NECESSITY WOULD BE SERVED BY THE ISSUANCE OF AN ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PREMISES LOCATED AT 200=328 NORTH BEACH BOULEVARD AND 2951-2961 WEST LINCOLN AVENUE (DETERMINATION N0. 2002-00008) WHEREAS, pursuant to applicable provisions of the Business and Professions Code, the Department of Alcoholic Beverage Control (the "Department") is charged with the responsibility of reviewing applications and issuance of licenses ("licenses") for the sale and/or manufacture of alcoholic beverages in the State of California; and WHEREAS, Section 23958 of the Business and Professions Code provides that the Department shall deny an application for a license if issuance of the license would tend to create a law enforcement problem, or if issuance would result in or add to an undue concentration of licenses, except as provided in Section 23958.4 of said Business and Professions Code; and WHEREAS, Section 23958.9 of the Business and Professions Code provides that, notwithstanding the limitations of Section 23958, the Department shall issue a license if the applicant .shows that public convenience or necessity would be served by the issuance of such a license; and WHEREAS, said Section 23958.4 further provides that the determination of "public convenience or necessity" shall be made by the Department with regard to certain applications, and shall be made by the local governing body of the area in which the applicant premises are located with regard to certain other applications; and WHEREAS, as a local governing body within the meaning of said Section 23956.4 of the Business and Professions Code, the City Council of the City of Anaheim (hereinafter the "City Council") has heretofore adopted Anaheim City Council Resolution `~ No. 95R-134 delegating determinations regarding "public. convenience or necessity" which determinations are otherwise within the authority of the City Council to the Planning Commission of the City of Anaheim, and establishing procedures for the processing of such determinations, including the appeal of such determinations to the City Council, and providing for certain other procedural matters concerning the review and issuance of such licenses by the Department; and WHEREAS, the Anaheim City Planning Commission (hereinafter the "Planning Commission") did receive an _, application from the owner or operator of the premises located at 200-328 North Beach Boulevard and 2951-2961 West Lincoln Avenue, Anaheim, California (hereinafter the "premises") for a determination of public convenience of necessity to permit the sale and off-premises consumption of beer, wine and spirits (Type 21 License) in conjunction with a pioposed grocery store to be located on the premises (hereinafter the "application"); and WHEREAS, the Planning Commission of the City of Anaheim did receive an application. for a Determination of Public. Convenience or Necessity on certain real property situated in the City of Anaheim, County of Orange, State of California, described as: 200 BEACH BOULEVARD PARCEL 1: THAT PORTION OF THE WEST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, IN TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, CIT OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID SECTION IS SHOWN ON MAP THEREOF RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING SOUTHERLY OF A LINE WHICH BEARS SOUTH 89' 31~' 45 EAST FROM A POINT ON THE WEST LINE OF SAID SECTION WHICH IS NORTH 0' 12' 15" WEST 609.52 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION. EXCEPT THE WEST 55.00 FEET THEREOF, ALSO EXCEPT THE SOUTH, 290.00 FEET THEREOF.. ALSO EXCEPTING THEREFROM THE LAND DESCRIBED IN THE FINAL ORDER OF CONDEMNATION IN FAVOR' OF THE STATE OF CALIFORNIA, RECORDED NOVEMBER 8, 1999 AS INSTRUMENT NO. 19990777736, OFFICIAL RECORDS. PARCEL 2: THE SOUTH 290..00 FEET OF THE WEST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, IN TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, CITY OF ANAHEIM, 2 COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID SECTION IS SHOWN ON MAP THEREOF RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THE WEST 55.00 FEET THEREOF. ALSO EXCEPT THE SOUTH 40.00 FEET THEREOF. ALSO EXCEPT THE SOUTH 190.00 FEET OF THE WEST 205.00 FEET THEREOF, AS MEASURED FROM THE SECTION LINES. ALSO EXCEPTING THEREFROM THE LAND DESCRIBED IN THE FINAL ORDER OF CONDEMNATION IN FAVOR OF THE STATE OF CALIFORNIA, RECORDED NOVEMBER 8, 1999 AS INSTRUMENT NO. 1999-77736, OFFICIAL RECORDS. 220 BEACH BOULEVARD PARCEL 1: THE NORTH 155.48 FEET OF THAT PORTION OF THE WEST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF TE SOUTHWEST QUARTER OF SECTION 12, 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 SAID ORANGE COUNTY, LYING SOUTHERLY OF A LINE WHICH BEARS SOUTH 89' 31' 45" EAST FROM A POINT ON THE WEST LINE OF SAID SECTION WHICH IS NORTH 0' 12' 15" WEST 765.00 FEET FROM THE_SOUTHWEST CORNER OF SAID SECTION. EXCEPT THAT PORTION THEREOF DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED MAY 26, 1991 IN .BOOK 1093 PAGE 534 OFFICIAL RECORDS. PARCEL 2: AN EASEMENT DRIVEWAY PURPOSED TO BE` USED IN COMMON WITH OTHERS OVER THE SOUTH 15 FEET OF THAT PORTION OF THE WEST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, AS SAID SECTION IS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, RECORDS•OF SAID ORANGE COUNTY, LYING NORTHERLY OF A LINE WHICH BEARS SOUTH 89' 31' 3 95" EAST FROM A POINT SAID SECTION WHICH IS 765.00 FEET FROM THE SAID SECTION. OF THE WEST LINE OF NORTH 0' 12' 15" WEST SOUTH WEST CORNER OF EXCEPT THAT PORTION THEREOF DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED MAY 28, 1941 IN BOOK 1093 PAGE 534, OFFICIAL RECORDS. 222 BEACH BOULEVARD PARCEL A: PARCEL 1: THAT PORTION OF THE WEST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 4 .SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION; THENCE NORTH 0' 12' 15" WEST 765.00 FEET ALONG THE WEST LINE THEREOF; THENCE SOUTH 89' 31' 45" EAST 226.91 FEET TO THE WEST LINE OF THE EAST 105.00 FEET OF SAID WEST HALF OF THE WEST HALF AND THE TRUE POINT OF BEGINNING; THENCE NORTH 0' 11' S6"WEST 140.00 FEET ALONG SAID WEST LINE; THENCE NORTH 89' 31' 95" WEST 188.52 FEET TO A POINT ON A CURVE IN THE EAST LINE OF-BEACH BOULEVARD, AS DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED IN BOOK 1093, PAGE 534 OE OFFICIAL RECORDS, SAID CURVE BEING CONCAVE WESTERLY HAVING A RADIUS OF 2582.00 FEET, A RADIAL TO SAID POINT BEARS NORTH 83' 17' 42" EAST; THENCE SOUTHERLY 140.68 FEET ALONG SAID CURVE AND SAID EASTERLY LINE TO A POINT WHICH BEARS NORTH _ 89' 31' 45" WEST FROM THE TRUE POINT OF ' BEGINNING; THENCE SOUTH 89' 31' 45" EAST 176.40 FEET TO SAID TRUE POINT OF BEGINNING. PARCEL 2: A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND DRIVEWAY PURPOSES OVER AND ACROSS THAT PORTION OF THE WEST HALF OF 4 THE WEST HALF OC THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE., STATE OF CALIFORNIA, AS PER MAP RECORDED IN SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION; THENCE NORTH 0' 12' 15" WEST 765.00 FEET ALONG THE WEST LINE THEREOF THENCE SOUTH 8' 31' 45" EAST 226.91 FEET TO THE WESTLINE OF THE EAST 105.00 FEET OF SAID WEST HALF OF THE WEST HALF AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 0'11' 56" EAST 15.00 FEET; THENCE NORTH $9' 31' 45" WEST 175.00 FEET TO A POINT ON A CURVE IN THE EASTERLY LINE OF BEACH BOULEVARD, AS DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED IN HOOK 1093, PAGE 534, OFFICIAL RECORDS, SAID CURVE BEING CONCAVE WESTERLY, HAVING A RADIUS OF 2582.00 FEET, A RADIAL TO SAID POINT BEARS NORTH 86' 45' 02 EAST; THENCE NORTHERLY 15.03 FEET ALONG SAID CURVE AND SAID EASTERLY LINE TO A POINT WHICH HEARS NORTH 89' 31' 45" WEST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 89'31'45" EAST 176.40 FEET TO SAID TRUE POINT OF BEGINNING. 300 BEACH BOULEVARD THAT PORTION OF THE WEST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, CITY OF ANAHEIM, COUNTY OF ORANGE, .STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 11, MISCELLANEOUS MAPS,. RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOW: BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTH 0' 11' 30" EAST 358.36 FEET ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER; OF THE SOUTHWEST QUARTER TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89' 31' 00" EAST 331.78 FEET; THENCE SOUTH 0' 11' 11" EAST 60..01 FEET; THENCE NORTH 69' 31' 00" 5 WEST 105.00 FEET; THENCE NORTH 0' 11; 11" WEST 15.01 FEET; TH4NCE NORTH 89' 31' 00" WEST 226.92 FEET TO THE WESTLINE OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE ALONG SAID WESTLINE NORTH 0' 11' 30" WEST 65 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED MAY 28, 1941, IN BOOK 1093, PAGE 539, OFFICIAL RECORDS; TO BE KNOWN AS PARCEL "C" OF PARCEL MAP 80, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA. 308 & 314 BEACH BLVD. PARCEL 1: THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL B, AS SHOWN ON A MAP FILED IN BOOK 42, PAGE 29 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. RESERVING THEREFROM, ANON EXCLUSIVE EASEMENT FOR VEHICULAR AND PEDESTRIAN RIGHT OF WAY, ON, OVER AND ACROSS THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL B; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL B, SOUTH 89' 31' 00" EAST 50.00 FEET; THENCE PARALLEL WITH THE WESTERLY LINE OF SAID PARCEL B, NORTH 0' 11; 30 WEST 90.00 FEET TO THE NORTHERLY LINE OF SAID PARCEL B; THENCE, ALONG SAID NORTHERLY LINE, NORTH 89' 31' 00" WEST 25.00 FEET; THENCE SOUTH 0'11' 30" EAST 60.00 FEET; THENCE NORTH 69" 31' 00" WEST 25..00 FEET TO SAID WESTERLY LINE; THENCE ALONG SAID WESTERLY LINE, SOUTH 0' 11' 30" 6 EAST 30..00 FEET TO THE POINT OF BEGINNING. PARCEL 2: A NON-EXCLUSIVE EASEMENT, TO BE USED IN COMMON WITH OTHERS FOR INGRESS AND EGRESS TO AND FROM THE HEREINABOVE DESCRIBED PARCEL 1, ON, OVER AND ACROSS THAT PORTION OF PARCEL D AS SHOWN ON A MAP FILED IN BOOK 34, PAGE 35 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL D; THENCE ALONG THE EASTERLY LINE THEREOF, NORTH 0' 11' 11" WEST 70.00 FEET TO THE NORTHEAST CORNER OF SAID PARCEL D; THENCE, ALONG THE NORTHERLY LINE THEREOF, NORTH 89' 31' 00" WEST 39.42 FEET; THENCE SOUTH 0' 29' 00" WEST 70.00 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID PARCEL D, DISTANT THEREON 90.24 FEET FROM THE POINT OF BEGINNING; THENCE, ALONG SAID SOUTHERLY LINE, SOUTH 89' 31' 00" EAST 40.24 FEET TO THE POINT OF BEGINNING. PARCEL 3: A NON-EXCLUSIVE EASEMENT, TO BE USED IN COMMON WITH OTHERS, FOR INGRESS AND EGRESS TO AND FROM THE HEREINABOVE DESCRIBED PARCEL 1, IN, OVER AND ACROSS THAT PORTION OF PARCEL C AS SHOWN ON A MAP FILED IN BOOK 13 PAGE 37 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL C; THENCE ALONG THE NORTHERLY LINE THEREOF, NORTH 89' 31' 00" WEST 40.24 FEET; THENCE SOUTH 0' 29' 00" WEST 40.D0 FEET; THENCE, PARALLEL WITH THE NORTHERLY LINE OF SAID PARCEL C, NORTH 89' 31' 00" WEST 255.75 FEET TO THE WESTERLY LINE OF SAID PARCEL 2; THENCE SOUTHERLY ALONG SAID WESTERLY LINE, (BEING A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 2582.00 FEET), AN ARC DISTANCE OF 25.21 FEET TO THE SOUTHWEST CORNER OF PARCEL 7 C: THENCE, ALONG THE SOUTHERLY LINE THEREOF, SOUTH 89' 31' 00" EAST 165.52 FEET TO AN ANGLE POINT IN THE BOUNDARY OF PARCEL C; THENCE, CONTINUING ALONG SAID BOUNDARY, SOUTH -- 0 11' 11' EAST 15.01 FEET TO AN ANGLE POINT 'THEREON, THENCE, CONTINUING ALONG SAID BOUNDARY, SOUTH 69' 31' 00" EAST 105 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL C: THENCE, ALONG THE EASTERLY LINE THEREOF, NORTH 0' 11' 11" WEST 80.01 FEET TO THE POINT OF BEGINNING. PARCEL 9: A NON-EXCLUSIVE EASEMENT, TO BE USED IN COMMON WITH OTHERS, FOR INGRESS AND EGRESS TO AND FROM THE HEREINABOVE DESCRIBED PARCEL 1, ON, OVER AND ACROSS THAT PORTION OF PARCEL A AS SHOWN ON A MAP FILED IN BOOK 92, PAGE 29 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL A: THENCE, ALONG THE NORTHERLY LINE THEREOF, NORTH 89' 41' 20" EAST 50 FEET: THENCE, PARALLEL WITH THE WESTERLY LINE OF SAID PARCELS A AND B, SOUTH 0 11' 30" EAST 102.23 FEET TO THE SOUTHERLY LINE OF SAID PARCEL A; THENCE, ALONG SAID SOUTHERLY LINE, NORTH 69' 31' 00" WEST 25.00 FEET; THENCE NORTH 0" 11' 30" WEST 63.89 FEET; THENCE SOUTH 89' 91' 20" WEST 25.00 FEET TO THE WESTERLY LINE OF SAID PARCEL A; THENCE, ALONE SAID WESTERLY LINE NORTH 0' 11' 30" WEST 38 FET TO THE POINT OF BEGINNING. PARCEL 5: AN EXCLUSIVE EASEMENT FOR AUTO PARKING, AND THE VEHICULAR AND PEDESTRIAN USES INCIDENTAL THERETO, ON, OVER AND ACROSS THAT PORTION OF PARCEL A AS SHOWN ON A MAP FILED IN BOOK 42, PAGE 29 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID 8 PARCEL A; THENCE, ALONG THE EASTERLY LINE OF SAID PARCEL A, NORTH 0' 11' 11" WEST 37.50 FEET; THENCE NORTH 89'31' 00" WEST 46.00 FEET; THENCE SOUTH 0' 11' 11" EAST 37.50 FEET TO THE SOUTHERLY LINE OF SAID PARCEL A; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 89' 31' 0" EAST 46.00 FEET TO THE POINT OF BEGINNING. 320 BEACH BOULEVARD PARCEL A, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 92, PAGE 29 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY 2951-2961 LINCOLN AVENUE LOTS 2 TO 17 INCLUSIVE OF TRACT N0. 11830, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 540, PAGES 19, 15, 16 AND 17 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY. BRACAMONTE PROPERTY THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF ANAHEIM, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: THE EAST 165 FEET OF THE WEST 495 FEET OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, 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, SAID EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 12 BEING DESCRIBED AS COMMENCING AT A POINT IN THE SOUTH LINE OF SAID SECTION, NORTH 89'41' EAST 662.75 FEET FROM THE SOUTHWEST CORNER THEREOF; THENCE NORTH 0' 13' WEST 1328.09 FEET TO A POINT, THENCE NORTH 89' 41' 10" EAST 663.44 FEET TO A POINT; THENCE, SOUTH 0' 14' 45" EAST 1328.00 FEET TO A FOINT; THENCE SOUTH 89' 41' WEST 662.75 FEET TO THE PLACE OF BEGINNING. 9 THAT PORTION OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 4 SOUTH, RANGEII 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 OF THE SOUTHLINE OF SAID SECTION, NORTH 89' 41' EAST 662.75 FEET FROM THE SOUTHWEST CORNER THEREOF; THENCE NORTH 0' 13' EAST 1328.09 FEET TO A POINT; THENCE NORTH 89' 41' 10" EAST 663.44 FEET TO A POINT; THENCE SOUTH 0' 14' 45" EAST 1328.05 FEET TO A POINT; THENCE SOUTH 89' 41' WEST 662.75 FEET TO THE PLACE OF BEGINNING. EXCEPT THE WEST 495.00 FEET THEREOF. ALSO EXCEPTING THEREFROM THE NORTH 50 FEET OF THE SOUTH 155 FEET OF THE EAST 29 FEET. ALSO EXCEPTING THEREFROM THE SOUTH 40 FEET. PARCEL 3: THE NORTH 726.00 FEET OF THAT PORTION OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTIONI2, 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 COMMENCING AT A POINT IN THE SOUTH LINE OF SAID SECTION, NORTH 89' 41' EAST 652.75 FEET FROM THE SOUTHWEST CORNER THEREOF; THENCE NORTH 0'13' WEST 1328.09 FEET TO A POINT; THENCE NORTH 89' 41' 10" EAST 663..44 FEET TO A POINT; THENCE SOUTH 0' 14' 45" EAST 1328.05 FEET TO A POINT, THENCE SOUTH 89' 41' WEST 662.75 FEET TO THE PLACE OF BEGINNING. EXCEPTING THEREFROM THE WEST 495 FEET. PARCEL AN UNDIVIDED ~ INTEREST IN THE NORTH 50 FEET OF THE SOUTH 155 FEET OF THE EAST 28 FEET OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE 10 SECTION 12, 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, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH A LIKE INTEREST IN THE WATER WELLS, PUMPING PLANT AND EQUIPMENT SITUATED THEREON. ALSO EXCEPTING ALL SUBSURFACE WATER RIGHTS, AS DEDICATED TO THE CITY OF HUNTINGTON BEACH ON THE MAP OF SAID TRACT; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 9, 2002, at 1:30 p.m., notice of said public hearing having been duly given as required by Resolution No. 95R-134 and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed determination of public convenience or necessity for an alcoholic beverage control license to investigate and make findings and recommendations in connection therewith; and WHEREAS, following the completion of said public ~ hearing, the Planing Commission did adopt its Resolution No. PC2002-139 finding and determining that the public convenience and necessity would be served by the issuance of a Type 21 License by the Department for the premises herein described; and WHEREAS, within the time permitted by law, the decision of the Planning Commission was appealed to, or caused to be reviewed by, the City Council pursuant to the procedures set forth in City Council Resolution No. 95R-134; and WHEREAS, the City Council did hold a duly noticed public hearing on November 5, 2002, to hear and consider evidence for and against said proposed determination of public convenience or necessity and to make certain determinations and findings in connection therewith. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the public convenience or necessity _ would be served by the issuance of a Type 21 License by the ' Department for the sale and off-premises consumption of beer, wine and spirits, as requested in the application for the following reasons: 1. The proposed business is a full service supermarket intended to offer a wide variety of grocery, produce and other products 11 normally found in any supermarket of comparable size. 2. The proposed site of the supermarket is located in the CL (Commercial, Limited) Zone of the City which Zone expressly. permits markets as a primary use and, in markets of over 15,000 square feet, expressly allows the sale of alcoholic beverages for off-premises consumption as a permitted accessory use. 3. Alcoholic beverages for off-premises consumption are products customarily offered for sale in any supermarket of comparable size and character in California. 4. Sale of alcoholic beverages in supermarkets is a convenience to customers because it permits one stop shopping for food, grocery and beverage purchases. 5. The proposed application is for the accessory sale of alcoholic beverage products in a full service supermarket rather than an establishment catering solely to the sale of alcoholic beverages for either on-premise or off-premise consumption (such as a tavern or liquor store). 6. No evidence has been presented that permitting the sale of alcoholic beverages for off-premises consumption in a full service supermarket increases the crime rate in the reporting district of the supermarket. 7. The proposed site is located within Census Tract No. 866.02, which allows up to four off-sale licenses pursuant to regulations of the Alcoholic Beverage Control Board. While there are eight existing off-sale licenses in the census tract, five of such licenses are for markets; only three of the existing licenses are for liquor stores. 8. Approval of this application, subject to the conditions proposed, would not increase the number of licensed off-premises establishments in the City of Anaheim. BE IT FURTHER RESOLVED that, for the reasons hereinabove set forth, said application to determine that the public convenience .and necessity would be served by the approval _. of said license is hereby approved subject to compliance with each and all of the following conditions: 1. That the sales of alcoholic beverages shall not exceed thirty five percent (35~) of the gross sales of all retail sales during any three (3) month period. The applicant shall maintain records on a quarterly basis showing the separate amounts of 12 sales of alcoholic beverages and other items. These records shall be subject to audit, and made available, when requested by -- any City of Anaheim official during reasonable business hours. 2. That no advertising of beer or wine shall be located, placed or attached to any location outside the building; and that any such advertising shall not be audible (interior or exterior). 3. That no alcoholic beverages shall be consumed on the premises. 4. That the applicant shall be responsible for maintaining the premises free of litter at all times. 5. That no display of beer or wine shall be located outside the building or within five (5) feet of any public entrance to the building. Said information shall be specifically shown on plans submitted for building permits. 6. That the areas of beer or wine displays shall not exceed twenty five percent (250) of the total display area in the building. 7. That the sales of alcoholic beverages shall be made to customers only when the customer is inside the building.. 8. That no person under twenty one (21) years of age shall sell or be permitted to sell any beer or wine. 9. That beer shall not be sold in packages containing less than a six (6) pack, and that wine coolers shall not be sold in packages containing less than a four (4) pack. 10. That in order to not increase the number of alcohol licenses within the City of Anaheim, the applicant shall obtain and transfer to the subject premises an existing alcohol license of the same type as to be operated on the subject premises (Type 20 or 21) which license shall be transferred from a location in the City of Anaheim. In the event the applicant first acquires and transfers a Type 20 License to the premises from another location in the City of Anaheim, the applicant may thereafter at any time _. acquire and transfer a Type 21 License to the premises from another location in the City of Anaheim without further action of the City. This resolution shall be deemed, and is intended by the Planning Commission as, the determination of public convenience or necessity as may be required pursuant to Section 23958.4 of the Business and Professions Code of the State of California for either, or both, of such alcoholic beverage 13 licenses. 11. That prior to the issuance of a building permit, or within a period of two (2) years from the date of this resolution,- whichever occurs first, Condition Nos. 5 and 10, above-mentioned, shall be complied with. 12. 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 findings hereinabove set forth. THE FOREGOING RESOLUTION City Council of the City of Anaheim 2002. ATTEST: is approved and adopted by the this 5`h day of November, MAYOR OF THE (, Y OF AN IM CITY CL K O THE CITY OF ANAHEIM. ~~~' 97319.1 14 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2002R-234 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 5th day of November, 2002, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS: Tait ABSENT: MAYOR/COUNCIL MEMBERS: None ITY CLE K OF HE CITY OF ANAHEIM (SEAL) ATTACHMENT ~ R&R 1-B RESOLUTION NO. 2002R-233 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2002- 04603. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit with a waiver of certain provisions of the Anaheim Municipal Code to permit a commercial retail center of regional significance, including a home improvement store with an outdoor garden center, other retail shops, two drive-through fast food restaurants, three full-service restaurants with sales of alcoholic beverages for on-premises consumption, an amusement device arcade, a multi-tenant food court with outdoor seating and beer and wine sales 'f or on-premises consumption, a self storage facility utilizing storage containers, and an outdoor storage area for recreational vehicles and boats upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: 20D BEACH BOULEVARD PARCEL 1: THAT PORTION OF THE WEST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, IN TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, CIT OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID SECTION IS SHOWN ON MAP THEREOF RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING SOUTHERLY OF A LINE WHICH BEARS SOUTH 89' 31' 45 EAST FROM A POINT ON THE WEST LINE OF SAID SECTION WHICH IS NORTH 0' 12' 15" WEST 609.52 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION. EXCEPT THE WEST 55.0D FEET THEREOF. ALSO EXCEPT THE SOUTH 290.00 FEET THEREOF. ALSO EXCEPTING THEREFROM THE LAND DESCRIBED IN THE FINAL ORDER OF CONDEMNATION IN FAVOR OF THE STATE OF CALIFORNIA, RECORDED NOVEMBER 8, 1999 AS INSTRUMENT NO. 19990777736, OFFICIAL RECORDS. ' PARCEL 2: THE SOUTH 290.00 FEET OF THE WEST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, IN TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID SECTION LS SHOWN ON MAP THEREOF RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THE WEST 55.00 FEET THEREOF. ALSO EXCEPT THE SOUTH 40.00 FEET THEREOF. ALSO EXCEPT THE SOUTH 190.00 FEET OF THE WEST 205.00 FEET THEREOF, AS MEASURED FROM THE SECTION LINES. ALSO EXCEPTING THEREFROM THE LAND DESCRIBER IN THE FINAL ORDER OF CONDEMNATION IN FAVOR. OF THE STATE OF CALIFORNIA, RECORDED NOVEMBER 8, 1999 AS INSTRUMENT NO. 1999-77736, OFFICIAL RECORDS. 220 BEACH BOULEVARD PARCEL 1: THE NORTH 155.48 FEET OF THAT PORTION OF THE WEST HALF OF THE WEST HALF OF THE .SOUTHWEST QUARTER OF TE SOUTHWEST QUARTER. OF SECTION 12, 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 SAID ORANGE ' COUNTY, LYING SOUTHERLY OF A LINE WHICH BEARS SOUTH 89' 31' 45" EAST FROM A POINT ON THE WEST LINE OF SAID SECTION WHICH IS NORTH 0' 12' 15" WEST 765.00 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION. EXCEPT THAT PORTION THEREOF DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED MAY 28, 1941 IN BOOK 1093 PAGE 534 OFFICIAL RECORDS. - 2 - PARCEL 2: AN EASEMENT DRIVEWAY PURPOSED TO BE USED IN COMMON WITH OTHERS OVER THE SOUTH 15 FEET OF THAT PORTION OF THE WEST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, AS SAID SECTION IS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, LYING NORTHERLY OF A LINE WHICH BEARS SOUTH 89' 31' 45" EAST FROM A POINT OF THE WEST LINE OF SAID .SECTION WHICH IS NORTH 0' 12' 15" WEST 765.00 FEET FROM THE SOUTH WEST CORNER OF SAID SECTION. EXCEPT THAT PORTION THEREOF DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED MAY 28, 1941 IN BOOK 1093 PAGE 534, OFFICIAL RECORDS. 222 BEACH BOULEVARD PARCEL A: PARCEL 1: THAT PORTION OF THE WEST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER. MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION; THENCE NORTH 0' 12' 15" WEST 765.00 FEET ALONG THE WEST LINE THEREOF; THENCE SOUTH 89' 31' 45" EAST 226.91 FEET TO THE WEST LINE OF THE EAST 105.00 FEET OF SAID WEST HALF OF THE WEST HALF AND THE TRUE POINT OF BEGINNING; THENCE NORTH 0' 11' S6"WEST 140.00 FEET ALONG SAID WEST LINE; THENCE NORTH 89' 31' 45" WEST 188.52 FEET TO A POINT ON A CURVE IN THE EAST LINE OF BEACH BOULEVARD, AS DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED IN BOOK 1093, PAGE 534 OF OFFICIAL RECORDS, SAID CURVE - 3 - BEING CONCAVE WESTERLY HAVING A RADIUS OF 2582.00 FEET, A RADIAL TO SAID POINT BEARS NORTH 83' 17' 42" EAST; THENCE .SOUTHERLY 140.68 FEET ALONG SAID, CURVE AND SAID EASTERLY LINE TO A POINT WHICH BEARS NORTH 89' 31' 45" WEST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 89' 31''45" EAST 176.40 FEET TO SAID TRUE POINT OF BEGINNING. PARCEL 2: A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND DRIVEWAY PURPOSES OVER AND ACROSS THAT PORTION OF THE WEST HALF OF THE WEST HALF OC THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION; THENCE NORTH 0' 12' 15" WEST 765.00 FEET ALONG THE WEST LINE THEREOF THENCE SOUTH 8' 31' 45" EAST 226.91 FEET TO THE WESTLINE OF THE EAST 105.00 FEET OF SAID WEST HALF OF THE WEST HALF AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 0'11' S6" EAST 15.00 FEET; THENCE NORTH 89' 31' 45" WEST 175.00 FEET TO A POINT ON A CURVE IN THE EASTERLY LINE OF BEACH BOULEVARD, AS DESCRIBED IN THE `'_~" DEED TO THE STATE OF CALIFORNIA, RECORDED IN - BOOK 1093, PAGE 534, OFFICIAL RECORDS, SAID CURVE BEING CONCAVE WESTERLY, HAVING A RADIUS OF 2582.00 FEET, A RADIAL TO SAID POINT BEARS .NORTH 86' 45' 02 EAST; THENCE NORTHERLY 15.03 FEET ALONG SAID CURVE AND SAID EASTERLY LINE TO A POINT WHICH BEARS NORTH 89' 31' 45" WEST • FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 89'31'45" EAST 176.40 FEET TO SAID TRUE POINT OF BEGINNING. 300 BEACH BOULEVARD THAT PORTION OF THE WEST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 4 - 4 - SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 11, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOW: BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTH 0' 11' 30" EAST 358.36 FEET. ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER; OF THE SOUTHWEST QUARTER TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89' 31' 00" EAST 331.78 FEET; THENCE SOUTH 0' 11' 11" EAST 80.01 FEET; THENCE NORTH 89' 31' 00" WEST 105.00 FEET; THENCE NORTH 0' 11; 11" WEST 15.01 FEET; TH4NCE NORTH 89' 31' 00" WEST 226.92 FEET TO THE WESTLINE OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE ALONG SAID WESTLINE NORTH 0' 11' 30" WEST 65 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED MAY 28, 1941, IN BOOK 1093, PAGE 534, OFFICIAL RECORDS; TO BE KNOWN AS PARCEL "C" OF PARCEL MAP 80, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA. 308 & 314 BEACH BLVD. PARCEL 1: THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL B, AS SHOWN ON A MAP FILED IN BOOK 42, PAGE 29 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. - 5 - RESERVING THEREFROM, A NON EXCLUSIVE EASEMENT FOR VEHICULAR AND PEDESTRIAN RIGHT OF WAY, ON, OVER AND ACROSS THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL B; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL B, SOUTH 89' 31' 00" EAST 50..00 FEET; THENCE PARALLEL WITH THE WESTERLY LINE OF SAID PARCEL B, NORTH 0' 11; 30 WEST 90.00 FEET TO THE NORTHERLY LINE OF SAID PARCEL B; THENCE, ALONG SAID NORTHERLY LINE, NORTH 89' 31' 00" WEST 25.00 FEET; THENCE SOUTH 0' 11' 30" EAST 60.00 FEET; THENCE NORTH 89' 31' 00" WEST 25.00 FEET TO SAID WESTERLY LINE; THENCE ALONG SAID WESTERLY LINE, SOUTH 0' 11' 30" EAST 30.00 FEET TO THE POINT OF BEGINNING. PARCEL 2: A NON-EXCLUSIVE EASEMENT, TO BE USED IN COMMON WITH OTHERS FOR INGRESS AND EGRESS TO AND FROM THE HEREINABOVE DESCRIBED PARCEL 1, ON, OVER AND ACROSS THAT PORTION OF PARCEL D AS SHOWN ON A MAP FILED IN BOOK 34, PAGE 35 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL D; THENCE ALONG THE EASTERLY LINE THEREOF, NORTH 0' 11' 11" WEST 70.00 FEET TO THE NORTHEAST CORNER pF SAID PARCEL D; THENCE, ALONG THE NORTHERLY LINE THEREOF, NORTH 89' 31' 00" WEST 39.42 FEET; THENCE SOUTH 0' 29' 00" WEST 70.00 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID PARCEL D, ' DISTANT THEREON 40.24 FEET FROM THE POINT OF BEGINNING; THENCE, ALONG SAID SOUTHERLY LINE, SOUTH 89' 31' 00" EAST 40.24 FEET TO THE POINT OF. BEGINNING. PARCEL 3: A NON-EXCLUSIVE EASEMENT, TO BE USED IN COMMON WITH OTHERS, FOR INGRESS AND EGRESS TO - 6 - AND FROM THE HEREINABOVE DESCRIBED PARCEL 1, IN, OVER AND ACROSS THAT PORTION OF PARCEL C AS SHOWN ON A MAP FILED IN BOOK 13, PAGE 37 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL C; THENCE ALONG THE NORTHERLY LINE THEREOF, NORTH 89' 31' 00" WEST 40.24 FEET; THENCE SOUTH 0' 29' 00" WEST 40.00 FEET; THENCE, PARALLEL WITH THE NORTHERLY LINE OF SAID PARCEL C, NORTH 89' 31' 00" WEST 255.75 FEET TO THE WESTERLY LINE OF SAID PARCEL 2; THENCE SOUTHERLY ALONG SAID WESTERLY LINE, (BEING A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 2582.00 FEET), AN ARC DISTANCE OF 25.21 FEET TO THE SOUTHWEST CORNER OF PARCEL C: THENCE, ALONG THE SOUTHERLY LINE THEREOF, SOUTH 89' 31' 00" EAST 165.52 FEET TO AN ANGLE POINT IN THE BOUNDARY OF PARCEL C; THENCE, CONTINUING ALONG SAID BOUNDARY, SOUTH 0 11' 11' EAST 15.01 FEET TO AN ANGLE POINT THEREON, THENCE, CONTINUING ALONG SAID BOUNDARY, SOUTH 89' 31' 00" EAST 105 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL G THENCE, ALONG THE EASTERLY LINE THEREOF, NORTH 0' 11' 11" WEST 80.01 FEET TO THE POINT OF BEGINNING. PARCEL 4: A NON-EXCLUSIVE EASEMENT, TO BE USED IN COMMON WITH OTHERS, FOR INGRESS AND EGRESS TO AND FROM THE HEREINABOVE DESCRIBED PARCEL 1, ON, OVER AND ACROSS THAT PORTION OF PARCEL A AS SHOWN ON A MAP FILED IN BOOK 42, PAGE 29 ' OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS.: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL A: THENCE, ALONG THE NORTHERLY LINE THEREOF, NORTH 89' 41' 20" EAST 50 FEET: THENCE, PARALLEL WITH THE WESTERLY LINE OF SAID PARCELS A AND B, SOUTH 0 11' 30" EAST - 7 - 102.23 FEET TO THE SOUTHERLY LINE OF SAID PARCEL A; THENCE, ALONG SAID SOUTHERLY LINE, NORTH 89' 31' 00" WEST 25.00 FEET; THENCE NORTH 0' 11' 30" WEST 63.89 FEET; THENCE SOUTH 89' 41' 20" WEST 25.00 FEET TO THE WESTERLY LINE OF SAID PARCEL A; THENCE, ALONE SAID WESTERLY LINE NORTH 0' 11' 30" WEST 38 FET TO THE POINT OF BEGINNING. PARCEL 5: AN EXCLUSIVE EASEMENT FOR AUTO PARKING, AND THE VEHICULAR AND PEDESTRIAN USES INCIDENTAL THERETO, ON, OVER AND ACROSS THAT PORTION OF PARCEL A AS SHOWN ON A MAP FILED IN BOOK 42, PAGE 29 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID PARCEL A; THENCE, ALONG THE EASTERLY LINE OF SAID PARCEL A, NORTH 0' 11' 11" WEST 37.50 FEET; THENCE NORTH 89'31' 00" WEST 46.00 FEET; THENCE SOUTH 0' 11' 11" EAST 37.50 FEET TO THE SOUTHERLY LINE OF SAID PARCEL A; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 89' 31' 0" EAST 46.00 FEET TO THE POINT OF BEGINNING. 320 BEACH BOULEVARD PARCEL A, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 42, PAGE 29 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY 2951-2961 LINCOLN AVENUE LOTS 2 TO 17 INCLUSIVE OF TRACT NO. 11830, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 540, PAGES 14, 15, 16 AND 17 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY. - 8 - BRACAMONTE PROPERTY THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF ANAHEIM, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: THE EAST 165 FEET OF THE WEST 495 FEET OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, 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, SAID EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 12 BEING DESCRIBED AS COMMENCING AT A POINT IN THE SOUTH LINE OF SAID SECTION, NORTH 89' 41' EAST ,662.75 FEET FROM THE SOUTHWEST CORNER THEREOF; THENCE NORTH 0' 13' WEST 1328.09 FEET TO A POINT, THENCE NORTH 89' 41' 10" EAST 663.44 FEET TO A POINT; THENCE, SOUTH 0' 14' 45" EAST 1328.00 FEET TO A POINT; THENCE SOUTH 89' 41' WEST 662.75 FEET TO THE PLACE OF BEGINNING. THAT PORTION OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 4 SOUTH, RANGEII 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 OF THE SOUTHLINE OF SAIA SECTION, NORTH 89' 41' EAST 662.75 FEET FROM THE SOUTHWEST CORNER THEREOF; THENCE NORTH 0' ' 13' EAST 1328.09 FEET TO A POINT; THENCE NORTH 89' 41' 10" EAST 663.44 FEET TO A POINT; THENCE SOUTH 0' 14' 45" EAST 1328.05 FEET TO A POINT; THENCE SOUTH 89' 41' WEST 662.75 FEET TO THE PLACE OF BEGINNING. EXCEPT THE WEST 495.00 FEET THEREOF. - 9 - ALSO EXCEPTING THEREFROM THE NORTH 50 FEET OF THE SOUTH 155 FEET OF THE EAST 29 FEET. - -- ALSO EXCEPTING THEREFROM THE SOUTH 40 FEET. PARCEL 3: THE NORTH 726.00 FEET OF THAT PORTION OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTIONI2, 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 COMMENCING AT A POZNT IN THE SOUTH LINE OF SAID .SECTION, NORTH 89' 41' EAST 652.75 FEET FROM THE SOUTHWEST CORNER THEREOF; THENCE NORTH 0'13' WEST 1328.09 FEET TO A POINT; THENCE NORTH 89' 41' 10" EAST 663.44 FEET TO A POINT; THENCE SOUTH 0' 14' 45" EAST 1328..05 FEET TO A POINT, THENCE SOUTH 89' 41' WEST 662.75 FEET TO THE PLACE OF BEGINNING. EXCEPTING THEREFROM THE WEST 495 FEET. PARCEL AN UNDIVIDED 'r4 INTEREST IN THE NORTH 50 FEET OF THE SOUTH 155 FEET OF THE EAST 28 FEET OF THE EAST HALF OF THE .SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER_OF THE SECTION 12, 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, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH A LIKE INTEREST IN THE WATER WELLS,, PUMPING PLANT AND EQUIPMENT SITUATED THEREON. ALSO EXCEPTING ALL SUBSURFACE WATER RIGHTS, AS DEDICATED TO THE CITY OF HUNTINGTON BEACH ON THE MAP OF SAID TRACT; and WHEREAS, the City Planning Commission did hold a public hearing upon said application at the City Hall in the City of Anaheim, notices of which public hearing were duly given as required by law and the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code; and - 10 - WHEREAS, said Commission, after due inspection, investigation 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. PC-2002-138 granting Conditional Use Permit No. 2002-04603; and WHEREAS,. thereafter, within the time prescribed by law, ' an interested party or the City Council, on its own motion, caused the review of said Planning Commission action at a duly noticed public hearing; and WHEREAS, at the time and place fixed for said public hearing, the City Council did duly hold and conduct such hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports; and WHEREAS, the City Council finds, after careful consideration of the recommendations of the City Planning Commission 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 not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 3. The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. ' 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. AND WHEREAS, the City Council does further find, after careful consideration of the action of the City Planning Commission and all evidence and reports offered at said public hearing before the City Council regarding said requested waiver(s), that all of the conditions set forth in Section 18.06.080 of the Anaheim - 11 - Municipal Code are present and that said waiver(s) should be granted, for the following reasons: ""-` 1. That the variance, under the conditions imposed, if any, will not cause fewer off-street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use; and 2. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use; and 3. 'That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use (which property is not expressly provided as parking for such use under an agreement in compliance with Section 18.06.010.020 of the Anaheim Municipal Code); and 4. That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking areas or lots provided for such use; and 5. That the variance, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, the action of the City Planning Commission granting said conditional use permit be, and the same is hereby, affirmed and that Conditional Use Permit No. 2002-04603 be, and the same is hereby, granted permitting a commercial retail center of regional significance, including a home improvement store with an outdoor 'garden center, other retail shops, two drive-through fast food restaurants, three full-service restaurants with sales of alcoholic beverages for on-premises consumption, an amusement device arcade, a multi-tenant food court with outdoor seating and beer and wine sales for on-premises consumption, a self storage facility utilizing storage containers, and an outdoor storage area for recreational vehicles and boats on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: - 12 - (a) SECTION NOS. 18.06.050.022. - 18.06.050.0225, 18.06.050.0231, 18.06.050.0233, 18.06.050.0251, 18.06.050.028 AND 18.99.066.050 Minimum number of parking ---- SpdCeS. (1,607 required; 1,496 proposed) (b) SECTION NOS. 18.09.060.050 - Maximum fence height. AND 18.99.100 (6 feet high permitted; 10 feet high proposed) subject to the following conditions: 1. That this development is limited to a maximum of twenty-two (22) tenant spaces. 2. That this approval is granted subject to the approval of General Plan Amendment No. 2002-00405 and finalization of Reclassification No. 2002-00081, now pending. 3. That a landscape earthen berm and or a row of hedges shall be incorporated into the entire length of the setback adjacent to Beach Boulevard with the exception of ingress/egress areas. Further, dense landscaping shall be provided adjacent to Beach Boulevard to adequately screen the drive-through lanes, and where possible, existing mature landscaping should be preserved. Said information shall be specifically .shown on plans submitted for building permits. 4. That all roof-mounted equipment shall be screened from view of the public rights-of-way and surrounding properties in compliance with Section 18.44.030.120 of the Anaheim Municipal Code. Said information shall be specifically shown on plans submitted for building permits. 5. That no required parking area shall be fenced or otherwise enclosed for outdoor. storage uses. 6. That if public telephone service is installed, the telephones shall only be installed within the retail buildings. 7. 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. B. That no exterior vending machines shall be permitted within the view of the public rights-of-way. 9. That a fully dimensioned detailed site plan shall be submitted ~! to the Zoning Division for Planning Commission, review and approval /\ as a "Reports and Recommendations" item. - 13 - 10. That final landscape plans (with materials, sizes locations of plant materials) shall be submitted to the Division for Planning Commission review and approval as and Recommendations" item. and X Zoning-- a "Reports 11. That a comprehensive signage program shall be submitted to ,r' the Zoning Division for Planning Commission review and approval as a "Reports and Recommendations" item. 12. That a final fencing plan shall be submitted to the Zoning X Division for Planning Commission review and approval as a "Reports and Recommendations" item. 13. That building elevation plans including information on colors \/ and materials, shall be submitted to the Zoning Division for J° Planning Commission review and approval as a "Reports and Recommendations" item. 19. That accent paving plans shall be submitted to the Zoning °~C Division for Planning Commission review and approval as a "Reports / and Recommendations" item. 15. That decorative lighting plans shall be submitted to the /• Zoning Division for Planning Commission review and approval as a "Reports and Recommendations" item. 16. That final roof and ground-mounted equipment location and treatment plans shall be submitted to the Zoning Division for ~'~ Planning Commission review and approval as a "Reports and Recommendations" item.. 17. That final truck well treatment plans shall be submitted to X the Zoning Division for Planning Commission review and approval as a "Reports and Recommendations" item. 18. That as required by the Urban Forestry Division of the Community Services Department, street trees shall be installed, by the property owner, within the public rights-of-way adjacent to Beach Boulevard and Lincoln Avenue. The size and number of trees shall be provided to the satisfaction of the Urban Forestry Division of the Community Services Department. Said information shall be shown on plans submitted for building permits. 19. That since this project has landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed and comply with city Ordinance No. 5349 and Chapter 10.19 of Anaheim Municipal Code. Said information shall be shown on plans submitted for building permits. 20. That the landscape planters shall be permanently maintained with live and healthy plant materials. - 14 - 21. That the locations for future above-ground utility devices including, but not limited to, electrical transformers, water - backflow devices, gas, communications and cable devices, etc., shall be shown on plans submitted for building permits. Plans shall-also identify the specific screening treatments of each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to the review and approval of the appropriate City departments. 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 all driveways shall be constructed with ten (10) foot radius curb returns as required by the City Engineer in conformance with Engineering Standard No. 137. Said information shall be specifically shown on plans submitted for building permits. 25. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval in conformance with the Engineering Standard No. 137 pertaining to sight distance visibility for the sign or wall/fence locations. 26. That compact parking spaces shall not be permitted. 27. That all drive-through lanes shall be reviewed and approved by the City Traffic and 'Transportation Manager. 28. That a plan shall be submitted to the City Traffic and Transportation Manager for his review and approval showing the loading space for trucks in conformance with Code Section 18.06.060. 29. 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, 601 and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 30. That gates shall not be installed across any driveway in a manner which may adversely affect vehicular traffic in the adjacent public streets. Installation of any gates shall conform to Engineering Standard Plan No. 609 and shall be subject to the review and approval of the City Traffic and Transportation Manager.. 31. That any required relocation of City electrical facilities - 15 - shall be at the developer's expense. 32. That three (3) foot high address numbers sh~11 be displayed on the flat area of the roofs in a contrasting color to the roof material, provided the numbers shall not be visible from the,view of the street or adjacent properties. Said information shall be specifically shown on plans submitted for building permits. 33. That prior to the operation of these businesses, valid business licenses shall be obtained from the City of Anaheim, Business License Division of the Finance Department. 34. 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 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 building permits. 35. That an unsubordinated restricted covenant providing reciprocal access and parking, approved by the City Traffic and Transportation Manager and Zoning Division and in a form satisfactory to the City Attorney, shall be recorded with the Office of the Orange County Recorder. A copy of the recorded covenant shall then be submitted to the Zoning Division. In addition, provisions shall be made in the covenant to guarantee that the entire complex shall be managed and maintained as one (1) integral parcel for purposes of parking, vehicular circulation, signage, maintenance, land usage and architectural control, and that the covenant shall be referenced in all deeds transferring all or any part of the interest in the property. 36. That the parking lot serving the premises shall be equipped with decorative lighting of sufficient power (recommended minimum of two foot-candles) to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Said lighting shall be directed, positioned and shielded in such a _. manner so as not to unreasonably illuminate adjacent properties, and that said lighting information shall be specified on plans submitted for building permits. 37. That the developer shall pay the sewer deficiency fee for the Combined West Anaheim Area Zone A. 38. That all air conditioning facilities and other roof and ground mounted equipment shall be properly shielded from view. Such information shall be specifically shown on the plans submitted for building permits. - 16 - 39. 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; and, further, such information shall be specifically shown on the plans submitted for building permits. 40. That window signage shall not be permitted. 41. That roof-mounted balloons or other inflated devices shall not be permitted. 42. That the owner/developer of the property shall negotiate and execute a Disposition and Development Agreement ("DDA") with the City of Anaheim Redevelopment Agency. Said agreement shall be recorded in the Office of the Orange County Recorder. 43. That the granting of the parking waiver is contingent upon operation of the use in conformance with the assumptions and/or conclusions relating to the operation and intensity of use as contained in the parking demand study that formed the basis for approval of said waiver. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions and/or conclusions, as contained in the parking demand study, shall be deemed a violation of the expressed conditions imposed upon said waiver which shall subject this permit to termination or modification pursuant to the provisions of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code. 44. That a lot line adjustment plat shall be submitted to the Subdivision Section (Development Services Division) of the Public Works Department and approved by the City Engineer and then recorded in the Office of the Orange County Recorder to combine the existing lots such that any new building lies completely within one (1) parcel.. 45. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim an easement twenty (20) feet in width from the center line of the water service mains for operation and maintenance purposes and/or an easement for large meters or fire lines installation. _ 46. That the legal owner of subject property shall provide the City of Anaheim with a public utilities easement as determined to be necessary when the electrical design is completed. 47. That a private water system with. separate water service for fire protection and domestic water shall be provided. Said information shall be shown on plans submitted for building permits. 48. That the developer/owner shall provide a detailed water usage analysis and building plans for Public Utilities Water Engineering review and approval in determining the adequacy of the existing - 17 - water system to meet the project's water requirements. Any system improvements shall be done in accordance with Rule No. 15A.6 of"the water utility's Rates, Rules and Regulations. 49. That the developer/owner shall submit a set of improvement plans for Public Utilities Water Engineering review and approval in determining the conditions necessary for providing water .service to the project including the provision for two sources of water supply for Fire protection. 50. That all requests for new water services or fire lines, as well as any modifications, relocation, or abandonments of existing water services and fire lines shall be coordinated through the Water Engineering Division of the Anaheim Public Utilities Department. 51. That all existing water services and fire lines shall conform to current Water Services Standards Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is not longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 52. That the developer shall submit a water quality management plan (WQMP) specifically identifying 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. 53. That all backflow equipment shall be above ground, outside of the street setback area in a manner fully screened from all public streets and alleys. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside 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 Inspector before submittal for building permits. 54. That any required relocation of City electrical facilities shall be at the developer's expense. ~55. That no outdoor speakers shall be permitted anywhere on this property. 56. That the property owner/developer .shall be held responsible for compliance with the mitigation measures identified in Mitigation Monitoring Plan No. 119 and for complying with the monitoring and reporting program established by the City in compliance with Section 21081.6 of the Public Resources Code. Furthermore, the property owner/developer shall be responsible for any direct costs associated with the monitoring and reporting required to ensure implementation - 18 - of said mitigation measures. Mitigation Monitoring Plan No. 119 is attached and made a part of these conditions of approval. 57. That the property owner shall submit a letter requesting termination of Conditional Use Permit No. 464 (to construct a directional sign facing Beach Boulevard), Variance No. 1956 (to permit a warehouse in conjunction with an existing furniture store with waivers of minimum required side yard setback and required masonry wall at 220 North Beach Boulevard), Conditional Use Permit No. 1307 (to permit on-sale liquor in conjunction with a proposed restaurant at 310 North Beach Boulevard with waiver of height of masonry wall abutting a residential zone), Conditional Use Permit No. 1336 (to permit the sale of beer and wine in an existing restaurant at 300 North Beach Boulevard), Variance No. 2650 (waiver of permitted sign location to reconstruct an existing freestanding sign at 220 North Beach Boulevard), Conditional Use Permit No. 1651 (to permit a 91-unit motel at 320 North Beach Boulevard), Conditional Use Permit No. 3559 (to permit an auto service and tire installation facility at 222 North Beach Boulevard), Conditional Use Permit No. 3593 (to permit the on-premise sale and consumption of alcoholic beverages in conjunction with a restaurant and billiard center at 314 North Beach Boulevard), Conditional Use Permit No. 3670 (to permit the on-premise sale and consumption of alcoholic beverages within an existing restaurant and billiard center with live music and entertainment at 314 North Beach Boulevard) to the Zoning Division. BE IT FURTHER RESOLVED that the City Council 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim thj,~ 5"' day of November, 2002. OF THE CITY OF AN~EIM ATTEST: CI~CLE OF THE CITY OF ANAHEIM 47289.1 - 19 - STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution Nc. 2002R-233 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 5th day of November, 2002, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS: Tait ABSENT: MAYOR/COUNCIL MEMBERS: None ITY CC LEER F THE CITY OF ANAHEIM (SEAL) ITEM N0. 1-C ~S-1 VAR IDU 1 DU -10,0 iDU ~ ENTRADA CIR ~pR~' VAR 31 a7 VPR RS-10,000 t 2518 1 DU EACH RS-10,000 VAR 230 0 N RS-10,000 VAR 4126 o v VAR 2003-04594 7 DU ~ w m o m ~ ~ ~ RS-10,000 i DU ` p N 1 c> YVONNE PLACE o c~ ~ °o VAR 4415 0 VAR 19G3\ RS-10,000 1 DU EACH NORTH STREET 3` A 1 ~ j Sj SPR1N ~ GREG v, •- m N O - ~m , ~O~~EET Variance No. 2002-04480 ryz Subject Property TRACKING NO. VAR2004-04630 ~"~"~ Date: October 18, 2004 Scale: 1"= 200' Requested By: BELAL DALATI O.S. No. 61 REQUEST FOR APPROVAL TO RETAIN THE ARCHI TECTURAL STYLE OF THE EXISTING RESIDENCE. rtoN P~ !I 852 North West Street 15sa ATTACHMENT - R&R 1-C ~""~ ~ ~, ~~ ~-G/, 1 V -x www.ananeim ne: City of Anaheim C®MiVILdNI'I'X ~3EVELOPMEN'I' I3EPP.RTI~EIV'T HOUSING AND 1V EIGI-IBORI-IOOD PRESERVATION ®FFICE September 9, 2004 Bill Dalati 791 S. Brookhurst St. Anaheim, CA 92804 Re: 852 N. West Street Resolution No. PC2002-49 For Variance No.2002-04490 Deaz Mr. Dalati, C SEP 2004 i RE~EIVEOG DEP~a~h1 NT As a condition of your Petition for Variance at the above referenced property, the Anaheim City Planning Commission, on Mazch 25, 2002, has asked that you shall work with Community Development Department, Neighborhood Preservation, in order to explore options to improve and restore the appearance of the existing structure to be more compatible with the era in which it was built. Our recommendations to make the existing house more compatible with the period of significance would be as follows: 1. Remove the stucco from the exterior and restore the original wood siding. 2. Remove the side garden window and all the replacement windows visible from the public right-of--way and replace with period appropriate wood windows. 3. Replace the front entry door with a period appropriate wood door. Should you have any questions, please contact meat (714) 765-4334. Sincerely, Tom Kupfrian Neighborhood Preservation Coordinator C: Brad Hobson, Deputy Director of Community Development Douglas Faulkner, Associate Planner Phyllis Mueller, Neighborhood Development Coordinator 201 5. Anaheim Boulevard, Suite 203 Anaheim, California 92005 TEL (7141765-4340 FA>; (714) 766-465' c mnrc~Nm:cnr r FTTFU ~ iRi ~ona.~ nn` ATTACHMENT - R&R 1-C April 6, 2004 Bill Dalati 791 S. Brookhurst 5t. Anaheim, CA 92804 Re: 852 N. West Street Deaz Mr. Dalati, I understand you are building a new residential structure at the .above property. Since the property is not on the list of Qualified Historic Structures in the Anaheim Colony Historic District, we have no jurisdiction over the project. In fact, the property falls outside the boundazies of the Anaheim Colony Historic District. Nonetheless, I hope you would be consistent in making the exterior of the new construction compatible with the period of significance of the original structure. Should you have any questions, please contact me at 765-4334. Sincerely, Tom Kupfrian Neighborhood Preservation Coordinator F:\DOC3~HOtiYRJf.\t.RITFC.~1~'n nn~ue nnr ATTACHMENT - R&R 1-C Belal Dalati 852 N. West St. Anaheim Ca, 92801 To City of Anaheim Planning Commission Resolution No. PC2002-49 for Vaziance No.2002-04490 Dear Sir or Madam, As per the condition that was put on my property at 852 N. West Street to explore the option of restoring the house back to its historical condition ,the first letter I got from Mr. Tom Kupfrian, dated April 6u` 2004 that my house is out of the historical district and the neighborhood preservation hade no jurisdiction in that azea. Now upon the insistence of the planning department, Mr. Tom Kupfrian has added some recommendations that aze not feasible financially or azchitecturally. The house has been altered many times through the yeazs, walls have been moved and windows have been changed the entrance has been moved, and the wood siding has been completely removed. In order to do what Mr. Kupfrian is recommending will cost me almost $50,000.00, and frankly that is not in the budget, unless the city is willing to wver that expense. I'm not planning on doing anything to the front house and I don't think it's possible to accomplish anything from imposing these conditions, so I ask you please to reconsider and remove this condition. Sincerely, Belaj,Dal P.S. /My next door neigh or's property has been approved with no conditions. With a two story house. SEp 20~ RECe~v 1NG P~ANN EN'S pEPARj~ ATTACHMENT - R&R 1-C RESOLUTION NO. PC2002-49 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR VARIANCE NO. 2002-04490 BE GRANTED, IN PART WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Variance for certain real property situated in the City of Anaheim, County of Orange, State of California described as: THE SOUTHEASTERLY 146 FEET OF THE NORTHWESTERLY 366 FEET OF THAT PORTION OF LOT 38 OF ANAHEIM EXTENSION, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP OF SURVEY MADE BY WILLIAM HAMEL AND FILED IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, A COPY OF WHICH IS SHOWN IN BOOK 3, PAGE 163 ET. SEQ., ENTITLED "LOS ANGELES COUNTY MAPS", IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT; THENCE EASTERLY 328.471 FEET ALONG THE NORTHERLY LINE OF SAID LOT; THENCE SOUTHERLY 683:073 FEET PARALLEL WITH THE WESTERLY LINE OF SAID LOTS, THENCE WESTERLY 328.471 FEET PARALLEL WITH THE NORTHERLY LINE OF SAID LOT TO THE WESTERLY LINE OF SAID LOT, THENCE NORTHERLY 663.073 FEET ALONG THE WESTERLY LINE OF SAID LOT 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 March 25, 2002, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the petitioner proposes waivers of the following under authority of Code Section No. 18.03.040.020 to establish a 2-lot detached single family residential subdivision: (a) Section 18.01.130 - Required lot frontage on a public or private street. (Frontage on a public or private street or alley required; none proposed for Lot 2) (b) Section 18.25.061.010 - Minimum lot area. 10,000 s .ft. required; 9,700 and 9,788 sq.ft. proposed) (c) Section 18.25.061.020 - Minimum lot width and frontage. (d) Section 18.25.063.020 - Minimum side yard setback. 6.6 feet required for proposed 66-foot wide lot; 6 feet proposed) 2. That the above-mentioned waivers (a) required lot frontage on a public or private street, (b) minimum lot area, and (d) minimum side yard setback, are hereby granted on basis that there are special circumstances applicable to the property consisting of its size, shape, location and surroundings because that strict application of the Zoning Code deprives the property of privileges enjoyed by other properties in the identical zone and classification in the vicinity, which neighboring lots have a similar size and are Tong and narrow. CR5331 DM.doc -1- PC2002-49 3. That there are exceptional or extraordinary circumstances or conditions applicable to tfie property involved or to the intended use of the property that do not apply generally to the property or class of use in the same vicinity and zone. 3. That waiver (c), minimum lot width and frontage, is hereby denied on the basis that following public notification it was determined the waiver was not necessary. 5. That this variance, as approved, is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, and denied to the property in question. 6. That this variance, as approved, will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. 7. That strict application of the Zoning Code deprives the property of privileges enjoyed by other properties under identical zoning classification in the vicinity. 8. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal for waivers of required lot frontage on a public or private street, minimum lot area, minimum lot width and frontage (deleted), and minimum side yard setback to establish a 2-lot detached single-family residential subdivision on a rectangulary-shaped 0.4-acre property having a frontage of 66 feet on the east side of West Street and a maximum depth of 295 feet, being located 630 feet north of the centerline of North Street, and further described as 852 North West Street; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgement of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Variance, in part, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the Ciry of Anaheim: 1. That the street addresses for both parcels shall be readily Identifiable to the public right-of-way (West Street) for the purpose of facilitating more rapid response by emergency personnel. Said information shall be specifically shown on the plans submitted for building permits. 2. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public Works Department and in accordance with approved plans on file with said department; and, further, that a plan shall be drawn to scale and submitted to clearly show the storage and collection area(s) for three (3) automated trash barrels for each lot (a total of six (6) barrels for this proposal). 3. That roll up garage doors shall be shown on the plans submitted for building permits. 4. That a streetlight shall be provided along the West Street frontage to the satisfaction of the Electrical Engineering Division of the Public Utilities Department. Said information shall be specifically shown on the plans submitted for building permits. 5. That any necessary relocation of existing electrical facilities or streetlights shall be at the expense of the developer. -2- PC2002-49 6. 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 3. 7. That prior to issuance of a building permit or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 3, 4 and 10, herein-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 8. That prior to final building and zoning inspections, Condition No. 6, above-mentioned, shall be complied with. 9. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 10. That the applicant shall work with Community Development Department, Neighborhood Preservation Office, in order to explore options to improve and restore the appearance of the existing structure to be more compatible with the era in which it was built; and that the resulting efforts shall be submitted to the Planning Commission for review as a "Reports and Recommendations" item. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is 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 March 25, 2002. Original signed by Craig Anthony Arnoidt CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: (Original signed sy Eleanor Fernandes(. SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Fernandes, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on March 25, 2002., by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOYDSTUN, BRISTOL, KOOS, EASTMAN, NOES: COMMISSIONERS: BOSTWICK ABSENT: COMMISSIONERS: VANDERBILT IN WITNESS WHEREOF, I have hereunto set my hand this day of _, 2002. (Original signed by Eleanor Fernandes) SECRETARY. ANAHEIM CITY PLANNING COMMISSION -3- PC2002-49 11P~L•1 Conditional Use Permit No. 2002-04883 Requested By: BEAGLE PROPERTIES A PARTNERSHIP Subject Property Date: September 20, 2004 Scale: 1" = 200' Q.S. No. 103 REQUEST TO RETAIN AN EXISTING CHURCH WITHIN AN EXISTING SINGLE-FAMILY RESIDENCE WITH WAIVERS OF: (A) MINIMUM SETBACK FOR INSTITUTIONAL USES ABUTTING A RESIDENTIAL ZONE BOUNDARY (B) MINIMUM NUMBER OF PARKING SPACES 1521 East Lincoln Avenue 1493 TTF.M Nfl. 7 2a. CEQA NE 2b. WAIVER'( 2c. CONDITIC aff Report to the Residential land uses. i Surrounding General'.. Plan land use designations are Resi tdahe north and west, and Residential Low-Medium to the south and east. (4) SubsequenE to discussion with staff and the petitioner regarding off-street related to the church, the Planning Commission continued this request frog September 20, 2004, meeting for four (4) weeks to allow the petitioner ime off-site parking space`agreement between the church and adjacent commei property. Staff is requesting a two (2) week continuance in order for the ap provide staff with a site plan indicating the number of parking spaces bn th commercial'property'(Glass Doctor) to see if there'is an adequate number c spaces to accommodate both the Glass Doctor and the twelve (12) parking. needed by the church'to meet the code required parking. RECOMMENDATION: y (5) That the Commission, by motion, continue this item to the November 1, 2004, Cc meeting in drder for staff to determine if adequate parking can beprovided. Sr8774dha.doc Pa ITEM N0. 3 POLK AVENUE RM-4 RCL 63-64-19 °p VAR 1596 ~ 31 DU RS-2 n 1 DU EACH a U RM-4 'L 64-65-1 o a VAR 3451 D-c c-c mm e RM-2 RCL 66-6]-0] )DU APTS. RCL 63-fi4-3] RCL 63s4a30 CUP 2s00 RCL 63.64A ~'~ ~mm m ~ ~nm. RCL 2091-00064 VAR 2004-04607 CUP 912 VETERI- VAR 2692 CUP 1056 uma ' rc,^•¢ {RCL 79-BO-37) NARiAN ECONO- LU9E .. du ¢ ~~ ¢ 1 DU EACH 0 c-c c-~ CUP 2747 RCL 63-64-131 ® CUP 1900 CUP 3534 CUP 022 CUP 1783 0 CUP 3534 VAR 243] B Mc DONALD'S REST. ~ RCUP 21686 VAR 2752 I CUP 1622 VAR 1771 CUP 14sB CARWASH/REST. 4 DUIEACH CABOT DR RM-0 RCL 62.63-96 VAR 1562 4 DU EACH RM-4 RCL 62-83.19 GLENWOOD RCL 72-73-53 26 DU RM-4 RCL 60-61-81 VAR 1456 W Z~ W Z ~- W o V7 " W LINCOLN AVENUE f® 430'---~ LG RCLR61-1e d'v~ CUP 2010 cuP 7m ~~p ~o vAR 2252 S TIRE R sT. oP 6 CENTER wr j a RM-3 ~ RCL 07.00-34 C-G VAR 1238 S ~ G O m<2 ono m VAR 3741 RCL 57-58-39 ADJ 675 ~'-° r.w ry T-CUP 2004-04911 pCN 97 14 Z ~ ~m^° ~ ygCANi T-CUP 2002-04588 T CUP 2002 04564 (RCL 58 59-65) ¢ E a c i~° ~ `° - - (CUP 3003) 0 0 ~ n 7 DU j CUP 2002.04547 (CUP 2926) I-U tii ¢ CUP 2001-04440 (GUP 402) E ~ 1 DU (0 TLUP 2000-04209 (CUP 66) m Z CUP 4114 (VAR 1256) ml VqC RS-3 1 DU _ ~ CUP 3969 ANAHEIM WEST ¢ ® RCL 9 -00-13 ~ VAR 3764 S HOPPING CENTER m VAC RS-2 ¢ _. _ m0 on cnnrLnn 1 DU = RM-4 RCL 04-85-13 C-G VAR 3442 18 DU 24 DU RS•2 1 DU EACH x NQ mw x NQ yw ~~ ¢~ ^ v Conditional Use Permit No. 2001-04440 TRACKING NO. 2004-04911 Requested By: JAMES TSAI DEL MONTE DR 1 DU RS-2 VAC. VAR 2907 1 DU I 1 DU RS-2 1 DU EACH _ O _.._ RS-2 _N w 1 DU EACH ~~ ^ - ? Subject Property Date: October 18, 2004 Scale: 1" = 200' Q.S. No. 9 REQUESTS REINSTATEMENT OF THIS PERMIT BY THE MODIFICATION OR DELETION OF A CONDITION OF APPROVAL PERTAINING TO A TIME LIMITATION (APPROVED ON SEPTEMBER 24, 2001 TO EXPIRE SEPTEMBER 24, 2004) TO RETAIN A PREVIOUSLY- APPROVED INTERNET CAFE WITHIN AN EXISTING COMMERCIAL RETAIL CENTER. 3174 West Lincoln Avenue-Suite 108 1532 TTFM Nll 7 3a. CEQA'CATEGORICAL EXEMPTION -:CLASS 1' 3b. ' CONDITIONAL'USE'PERMITN02001-04440 'i (TRACKING NO. CUP 2004-04911) RITF I C1f :ATIt7N'ANII r1FSf:RIPTIr1N~ Staff Report to the Planning;Commission (lrtnhcrlR 9nnd Land Use Element Map of the Anaheim General Plar%designates this property for Low- Medium Density Residential land. uses, (4) Conditional Use Permit No. 2001-04440 (to permit an Internet cafe) was approved by the Planning Commission on September 24, 2001, for three years to expire September 24;:2004. Planning Commission Resolution No. PC200t-145, adopted in conjunction with Conditional Use Permit No. 2001-04440, contains the following coritlition of approval: "1, ! That thesubject use permit shall expire in three (3) years from the date: of this resolution, on September 24;2004:' DISCUSSION: (5) Mr. Daniel Hwang, the business owner, has submitted a request for reinstatement to retain the'computer rental and Internet access business and, further, to delete the condition ' pertaining to a time limitation. Sr3085ey Page 1 that the physical;property; pertaining to the permit h (7) The Code Enforcement D September 16, 2004, reg documents that the busirn the exception of condition illuminated in a manner th premises. Planning Servi above,: the interior' of the: t condition of approval requ with lighter tint, that the tir (8) The Police Department h time limitation due to the'e open until 4 a.m. on week due to he low number of but recommends that the According to the applicant option`for a five year rene~ a seven (7) year reinstatei ENVIRONMENTAL IMF (9) The Planning'Dirf falls withirr he de Facilities),'as defi from the requirerr FINDINGS (10) ';Before the Coma' the evidence pre€ (a) That the prop bytheiZoninc Permitted) of (b) That the prop and develops (c) That the size development +' to the health.`I because it has been demdnstrated appropriate in the underlying zone'. review'of the use is no longer nede changed circumstances, the use is area RECOMA (12) Sta [DRAFT] RESOLUTION NO. PC2004--'* A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2001-145 ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 2001-04440 (3174 WEST LINCOLN AVENUE) WHEREAS, on September 24, 2001, the Anaheim City Planning Commission did, by Resolution No. PC2001-145, grant Conditional Use Permit No. 2001-04440 to permit an internet cafe for a period of three years until September 24, 2004; and that said Resolution includes the following condition of approval: "1. That the subject use permit shall expire in three (3) years from the date of this resolution, on September 24, 2004" WHEREAS, this property is developed with a an existing 79,935 square foot commercial retail center including subject business (PC Zone) at 3174 West Lincoln Avenue; that the underlying zoning is C- G (General Commercial); that the Anaheim General Plan designates the property for Low-Medium Density Residential land uses; and that the property is located within the West Anaheim Commercial Corridor, constituent sub-area of the Anaheim Redevelopment Project; and WHEREAS, pursuant to Code Section 18.60.180 of the Anaheim Municipal Code (Reinstatement of a Time Limited Permit) the petitioner has requested reinstatement of this conditional use permit to retain an internet cafe business and to delete the time limitation; and WHEREAS, this property is situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 1: THE WEST HALF OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51 PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPT THE NORTH 66.00 FEET THEREOF AS CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED JANUARY 20, 1956 IN BOOK 3362 PAGE 306 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. ALSO EXCEPT THE WEST 190.00 FEET OF THE NORTH 216.00 FEET THEREOF. ALSO EXCEPT THE SOUTH 134.00 FEET THEREOF. ALSO EXCEPT THE EAST 129.30 FEET THEREOF. ALSO EXCEPT THE EAST 185.00 FEET OF THE NORTH 216.00 FEET THEREOF. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the Gity of Anaheim on October 18, 2004, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 16.60.180, tc hear and consider evidence for and against said proposed amendment and to investigate and make findings and recommendations in connection therewith; and CR\PC2004-0 -1- PC2004- 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 this permit has been substantially operated in the same manner as originally approved by the Commission. The Code Enforcement Division has inspected the premises and staff has determined that the business is currently in compliance with all applicable conditions of approval, with the exception of one, which would be remedied by a new condition of approval pertaining to visibility into the premises. 2. That the permit is currently being exercised in a manner not detrimental to the particular area and surrounding land uses, evidenced by Police Department records showing only two calls far service since January 2002. 3. That there have been no changes to the applicable zone standards that would invalidate the findings that were the basis for the original approval of this permit. 4. That the Police Department has expressed concern about this business being open until 4:00 a.m., and therefore recommends that a time limitation be retained. 5. That **` indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing Facilities), as defined in the State CEQA 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. PC2001-145 to read as follows: 1. That the subject use permit shall expire on September 24, 2011. 2. That the hours of operation shall be limited to the following: Sunday through Thursday: 10 a.m. to 2 a.m. Friday and Saturday: 10 a.m. to 4 a.m. - 3. That the number of computer work stations within the cafe shall be limited to fifty (50). 4. That no exterior vending machines visible to any public right-of-way shall be permitted. 5. That food sales shall be limited to vending machines located inside the building. No prepared food shall be permitted. 6. That no alcoholic beverages shall be consumed or sold on the premises. 7. That no minors shall be allowed on the premises during normal school hours and/or after 10 p.m. without parent or guardian supervision. 8. That the interior of the business shall be maintained with adequate illumination to make easily discernible the conduct of patrons within the premises. 9. That the existing dark tint shall be removed from all windows and, if replaced with a lighter tint, shall not prevent a visibility of the interior of the tenant space from outside the premises. 10. That the computer stations shall be open and observable to employees at all times .and no partition walls shall be permitted. -2- PC2004- 11. That there shall be no public telephones on the premises located outside the building. 12. That there shall be no seating areas or tables other than the computer workstations and the six (6) seats shown on Exhibit No. 2, approved by the Planning Commission. 13. That signage shall be limited to existing and approved signs. Any additional signage shall be-subject to review and approval by the Planning Services Division. Any decision by staff may be appealed to Planning Commission as a Report and Recommendation item. 14. That the trash storage areas shall be refurbished to comply with approved plans on file with the Public Works Department., including replacement of the enclosures gates. 15. That the subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein. 16. That within a period of sixty (60) days from the date of this resolution Condition Nos. 9 and 14, above-mentioned, shall be completed. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 17. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. AND BE lT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 18, 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. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2004- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on October 18, 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- ATTACHMENT -ITEM N0. 3 PETITIONER'S STATEMENT JUSTIFICATION FOR REIMSTATEi1~ENT __ . _. ° Section 18.03.093 of the Anaheim Municipal Code requires that before any conditional use permit or variance containing a time limitation can be reinstated for an additional period of time, or before such time limitation may be deleted or modified by the Planning Commission or Zoning Administrator, the following must be shown: 1. The facts necessary to support each and every required showing for the issuance of such entitlement as set forth in the following excerpts from the Anaheim Zoning Code still exist: 18,03.030 (Relative to Conditional Use Permits) Before the City Council or Planning Commission may grant any request for a conditional use permit, it must make a frnding of fact, by resolution, that the evidence presented shows that all of the following exist: .031 That the proposed use is properly one far which a conditional use permit is authorized by this code, or Is not listed herein as being a permitted use; .032 That the proposed use will not adversely, affect the adjoining land uses and the growth and development of .the area in which it is proposed to be located; .033 That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare; :034 That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; :035 That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim; 18.03.040 (Relative to Variances) Before any variance may be granted by the Planning Commission it shall be shown: .031 That there are special circumstances applicable to the property, including size., shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; :032 That, because of special circumstances shown (n .031, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. 2. Said permit orvariance is being exercised substantially in the same manner and in conformance with all conditions and stipulations originally approved by the approval body; 3. Said permit or variance is being exercised in a manner not detrimental to the particular area and surrounding land uses, nor to the public peace, health, safety and general welfare; and 4. With regard only to any deletion of a time limitation, such deletion is necessary to permit reasonable operation under the permit orvariance as granted. ° In order to determine if such findings exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer the following questions fully and as complete as possible. Attach additional sheets if additional space is needed. Has any physical aspect of [he property for which this use permit or variance been granted changed significantly since the issuance of this use permit orvariance? O YES ~ NO J (over) CASE NO D ~~( c 2. Have the land uses in the Immediate vicinity changed since the issuance of this use permit or variance? ^ YES ~NO Explain: __ 3. 4. 5. If you are re4~~~ing a deletion of the time limitation, is this deletion necessary for the continued operation of this use or variance? ~I YES Fxnlain• ~j 1 Name or rroperty Uwn or Aut/~orizetl Agent(Please Print) r~~ - ~~,~n/ a f~ Signature o erty Owner or Authorized Agent Date 206225JK.000 1297 CASE 2 Has any aspect of the nature of the operation changed since the issuance of this use permit or variance? ^ YES ~NO Explain: Are the conditions of approval pertaining to the use permit or variance being complied with?YES ^ NO Explain: ATTACHMENT - ITEM N0. 3 RESOLUTION NO. PC2001-145 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04440 BE GRANTED FOR THREE (3) YEARS TO EXPIRE ON SEPTEMBER 24, 2004 WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange., State of California, described as: PARCELI THE WEST HALF OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51 PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPT THE NORTH 66.00 FEET THEREOF AS CONVEYED TO THE STATE OF CALIFORNIA BAY DEED RECORDED JANUARY 20, 1956 IN BOOK 3362 PAGE 306 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. ALSO EXCEPT THE WEST 190.00 FEET OF THE NORTH 216.00 FEET THEREOF. ALSO EXCEPT THE SOUTH 134.00 FEET THEREOF. ALSO EXCEPT THE EAST 129.30 FEET THEREOF. ALSO EXCEPT THE EAST 185.00 FEET OF THE NORTH 216.00 FEET THEREOF. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 24, 2001 at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and 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 ntemet cafe in conjunction with on-site computer rental, cellular phone and accessory sales, non-alcoholic drinks and miscellaneous snacks within an existing commercial retail center is a use that is not listed in the Zoning Code as being a permitted use and is, therefore, properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.03.030.010. 2. That the proposed use, as conditioned herein, will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 3. That the size and shape of the site for the proposed use. is adequate to allow full development of the proposal in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. CR5210PK.doc ' -1- PC2001-145 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. That granting of this conditional use permit, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim; and that no alcoholic beverages are proposed to be sold from the premises. 6. That the property provides adequate ingress and egress from public streets, adequate on-site vehicular circulation and adequate parking for employees and customers patronizing the combined uses on the property thereby allowing full development of the proposal in a manner which is not detrimental to the area. 7. That no one indicated their presence at said public hearing in opposition to the proposal; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Class 1, as defined in the State of California Environmental Impact Report ("EIR") Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR. 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 subject use permit shall expire in three (3) years from the date of this resolution, on September 24, 2004. 2. That the hours of operation shall be limited to the following: Sunday through Thursday: 10 a.m. to 2 a.m. Friday and Saturday: 10 a.m. to 4 a:m. 3. That the number of computer work stations within the cafe shall be limited to fifty (50). 4. That no exterior vending machines visible to any public right-of-way shall be permitted. 5. That food sales shall be limited to vending machines located inside the building. No prepared food shall be permitted. 6. That no alcoholic beverages shall 6e consumed or sold on the premises. 7. That no minors shall be allowed on the premises during normal school hours and/or after 10 p.m. without parent or guardian supervision. e. That the interior of the business shall be adequately illuminated to make easily discernible the conduct of patrons within the premises. Said infbrmation shall be specifically shown on the plans submitted for Zoning Division and Police Department approval. 9. That the computer stations shall be open and observable to employees at all times and no partition wails shall be permitted. 10. Proposed Condition No. 10 was deleted at the September 24, 2001 public hearing. 11. Proposed Condition No. 11 was deleted at the September 24, 2001 public hearing. -2- PC2001-145 12. That there shall be no public telephones on the premises located outside the building. 13. That there shall be no seating areas or tables other than the computer workstations and the six (6) seats shown on Exhibit No. 2, approved by the Planning Commission. 14. That four (4) foot high street address numbers shall be-displayed on the roof of the building in a contrasting color to the roof material. The numbers shall not be visible to .adjacent streets or properties. Said information shall be specifically shown on plans submitted for review and approval by the Police Department. 15. That prior to commencing operation of this business, a valid business license shall be obtained from the Business License Division of the City of Anaheim Finance Department. 16. That the proposal shall comply with all signing requirements of the CL "Commercial, Limited" Zone unless a variance allowing sign waivers is approved by the Planning Commission. 17. That the subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein. 18. That prior to commencement of the activity authorized by this resolution, or prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 8 and 14, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 19. That prior to the commencement of the activity authorized by this resolution or prior to final building. and zoning inspections, whichever occurs first, Condition No. 17, above-mentioned, shall be complied with. 20. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim .Municipal Zoning Code and any other applicable Gty, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any otherapplicable 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. Sheuld any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 24, 2001. (Original signed by J. Vanderbilt) CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: (Origlnal signed by Eleanor Fernandes) SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2001-145 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss; CITY OF ANAHEIM ) 1, Eleanor Fernandes, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on September 24, 2001, by the following vote of the members thereof: - AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: EASTMAN IN WITNESS WHEREOF, 1 have hereunto set my hand this day of _, 2001. !Original signed by Eleanor Fernandes) SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2001-145 ATTACHMENT -ITEM N0. 3 MEMORANDUM CITY OF ANAHEIM Planning Department DATE: SEPTEMBER 16, 2004 TO: ELAINE YAMBAO, PLANNER FROM: JESSE PENUNURI, CODE ENFORCEMENT OFFICER SUB7ECT: RESOLUTION N0.2001-145 On September 15, 2004, I conducted an inspection of the property known as 3174 West Lincoln Avenue, Suite 108 (PC Zone) and observed that all condition of Resolution No. 2001-145 are being complied. with, with the exception of condition no. 8. This condition requires that the interior of the business be illuminated in a manner that makes easily discernable the conduct of patrons within the premises. I inspected the property during operating hours, when the interior of the business was illuminated, and observed that the existing window tint prohibits those outside from seeing in. Since November 2001, Code Enforcement staff has conducted two inspections of the property resulting in two violations being observed. A Notice of Violation was given to the business owner for unpermitted banners and amusement device permit. The violations were resolved and no further action was taken. If you have any questions, please contact me at extension 4148.. ITEM N0. 4 I RCL 9]511 VPR 2]Si 5 VAR 3399 WICNL FURNITURE NCtisul ~ LlIP 104! G 5 I G PLL91541 GIP 1lB! rou EACn - m 0.5 2 ~ lou EACn C VPCMIT RS3 1 Lu EACn sq ~ T ~ Tiuv i4w oisn ' 9iV T{uP ZOOd-od9u 9 TLUP 290d.9d902 ,~ CUP 290}pd310 R LS CUP 2W t-0d]SS c ``~( VAR 3003M099 if, ~ AMENICAN STEEL TECNNOLOGIES WC Dq 9y ~ // `~, J R I~ fla s3#1 ~, ~ y,l ~ T{UP 299444915 TLUP 3444W91] TLUP IOM-01903 i ° NP3003d114 .~ m~o I ; T{UP294}pd249' :Ic RCL 5}5{.] Ptt SSad'i LUP 3001-01]46 ¢a n QIP 10ee RCL S} SIV p CUP 3000012N i m Gpa SNALL INWSTRNL FIRMS CUP d0T1 ~ w NP ]95] NP1000 - VAR 30@Dd105 ~ WOODLAND DRIVE ` LMNC STREAM i S1#i P 3#i ~ L 51l4i ~ ~ R4515L] RCt 9}#i RL ftCL 4]51.] e w N P~i RCL 449114 ~ lB Pt RCL SYvO~i LUP 144 TLUP 300d-0dM5. TLUP 3000-01943 i 5'# 11Ct1354T I EMALL INOUSTPNL FlRMS TLUP20M-0I01]I a1 , M4 GIP 1086 LUP 394}01119 P 1166 6MPLL OFCE PA9n PCL61#1 RCLSI#1 TLUP2W}M349 LIIP 3401-00]66 t RLL l194i RLt 51#i NP2000-0934] fZLl1#i R4p3~1 q1P t63! CW dOId 6yµtli•DUSTPI4 PN6 Cu 1 CUP ]95] - 1- " T-VAR3043 M51~ W gcLlyyyl VPA 3442-04493 W uLlxousTPV4 VAR, ]344 ~ FlNIS I' flCL S}'Sd.l °n 5i1 I ~\ mF RCL S]5d-3d I _ ` I d. R4 fifi-6144 (1LLSh541 ` ~ RCL969i f1 W NPI44] P I I ~FlPY6 iN RNPD51i PCL 96di-Id m SMNL W p.FPMS flCL9Y#i LUPadP RgpJ 990i N6 nct .,d i 9w1L ,9ulTwL MAGNETIC ~Lp1 el RWIS METALE LORP I N I . g4660T SMUL IN4LLSiNK ~ RPYS I f~ G1P]45f ~a spy - RCt #i e LLWC ~P I ENOINFEA X6 w I PfAlA REDEVELOPMENT PROIELT ® _ ie0•---~ • LA PALMA AVENUE L I ~ vAR]ml m1n e,,, - eCj II I I I I Conditipnal Use Permit No. 4074 Subject Property TRACKING NO. CUP2004-04915 Date: October 18, 2004 Scale: Graphic Requested By: LIVING STREAM MINISTRY Q.S. No. 24 REQUEST TO DELETE A CONDITION OF APPROVAL PERTAINING TO A TIME LIMITATION TO RETAfN AN ADULT/CAREER TRAINING CENTER. 2411-2461 West La Palma Avenue and 1212 North Hubbell Way 1530 9p0 X09 ~e, 4a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVEC 4b. CONDITIONAL USE PERMIT N0. 4074 (TRACKING NO. CUP 2004-04915) SITE LOCATION AND DESCRIPTION:: parking demand. The hours ofbperation would be 7:30 a.m. to 3hrough Thursday and 7:30 a.ma to 6:00 pm. on Fridays, withiri t of the prior enant (7:00 a.m. to11:00 p.mti). Sr880ggk (7) Code Enforcement Dig 19, 2004, indicating tfi (8J An uptlated parking sti 2004,(to evaluate the i Career College and tFl 2003-04710 could ope City's Traffic and Trani concurs that the,`existii American Career Colle ......,..~,..., oG ie~~ ..~. ri ruv~uvva: (12) Before the Commission grants any co existing conditional use permit, it mus showsithat all ofithe following conditio (a) That the proposed use is propel authorized: by this code, or is an Uses Permitted) of Section 18:6 (b) ;That the proposed use will not 2 ..:growth and development of thee: (c):'That the size and sftape of thus the fi ..area (d) That: burdi the: a (e) That. if an} Anah (13) Section 18. Commissio .applicant rc (a) That th the erit (b) The pe with alf (c) The pe surrou~ .Staff Report to the lug vvnu ,cyo,u un,y,iu auyuc,miun vi a uu,c nu mauu~,, auun uc,cuun m aFv N,uN, mac:: because it has been demonstrated that the use has operated in a manner that is appropriate in the underlying zone and the surrounding area and that'the periodic review of the use is no longer necessary and/or it can be determined that, due to changed circumstances, the'use is consistent with the City's long-term plans for the area. RECOMMENDATION: (14) Staff recommends that, unless additional or contrary information is received during the hearing, and based upon the evidence submitted to the Commission, including the evidence presented in this staff report, and`oral and written evidence presented at the public hearing, the Commission approve the petitioner's request, by adopting the attached resolution including the findings and conditions contained therein. Page 3 [DRAFT] RESOLUTION NO. PC2004--** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC98-189 ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 4074 (2411-2461 WEST LA PALMA AVENUE AND 1212 NORTH HUBBELL WAY) WHEREAS, on November 23, 1998, the Anaheim City Planning Commission did, by Resolution No. PC98-189, grant Conditional Use Permit No. 4074 to permit 21,289 square foot adult career/training center for up to 200 students with waiver of minimum number of parking .spaces. WHEREAS, Resolution No. PC98-189, adopted in connection with subject use permit, includes the following condition of approval pertaining to a time limitation: WHEREAS, the petitioner has requested to amend said condition of approval "2. That this conditional use permit shall expire seven (7) years from the date of this resolution, on November 23, 2005, to coincide with expiration of the current lease. WHEREAS, this property is currently developed with two (2) mixed use industrial/office complexes with a total of eight (8) .buildings having a cumulative floor area of approximately 543;000 square feet, the underlying zoning is I (Industrial); the Anaheim General Plan designates this property for Industrial land uses; and this property is located within the West Anaheim Commercial Corridors Redevelopment Project Area; and is situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL A: PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 141, PAGES 26 AND 27 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL B: PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 26, PAGE 49 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL C: PARCEL 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 26, PAGE 49 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center ih the City of Anaheim on October 18, 2004, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed 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: Zoning Code. That the proposed use is properly one for which a conditional use permit is authorized by the 2. That the proposed use will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located. 3. That the size and shape of the site proposed for the use is adequate tp allow the full development of the proposed use in a manner not detrimental to the particular area or to health and safety; C R\PC2004-0 -1- PC2004- 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; _ _,__ 5. That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. 6. That the facts necessary to support each and every finding for the original approval of the entitlement exists; 7. That the permit is being exercised in a manner not detrimental to the particular area and surrounding land uses, nor to the public health and safety and; 8. That with regard only to any deletion of a time limitation., such deletion is appropriate because it has been demonstrated that the use has operated in a manner that is appropriate in the underlying zone and the surrounding area and that the periodic review of the use is no longer necessary and/or it can be determined that, due to changed circumstances, the use is consistent with the City's long-term plans for the area. 9. That "* indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to delete a condition of approval pertaining to a time limitation to retain an adult/career training center and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 4074 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby amend, in its entirety, the conditions contained in Resolution No. PC98-189 to read as follows: 1. That the maximum number of students shall be limited to one hundred seventy-five (175) students on- site at any given time. 2. That there shall be no housing of students on these premises. 3. That the career center shall limit instruction to vocational health services and computer training. 4. That signage on the subject property shall be limited to that which is shown on Exhibit No. 4, as submitted by the petitioner and approved by the Planning Commission. Any additional signs shall be subject to reviewing approval by the Planning Services Division. Any decision by staff may be appealed to the Planning Commission as a "Reports and Recommendations" item. 5. That prior to this business commencing operation, a valid business license shall be obtained from the City Business License Division. 6. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos, 1, 2, 3 and 4, and as conditioned herein. 7. That prior to the commencement of the activity authorized by this resolution, Condition No. 5, above-mentioned, shall be complied with. -2- PC2004- 8. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. AND BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 18, 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. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY., ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, ,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 October 18, 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 -3- PC2004- I 0.LL SJ fa > VAR 3]95 VAR $]99 1NCK5 FLIRNITUAE R rrl rcl TCI cu cu VAI NIE TECH U + vu Eacx 9L O yp9 Rs.z v EACn <F t u A~ VACA NT R S1 t OU EACX \ 'MALL OFFICE PARK \ 1 I ] ; ~ ° RCL 515G~] g LP e 9) I I f Q wP,°00 3 ~ rt ~ SMALL 0 I W MU5TR14L RCL 5]G4T FIRMS p L/ _ w w 5 u WOODLAND DRIVE u) o Rw 3iu) I ~ 3 wPtme Lava wP ma ° 1}g,.) RLL5134) OFFlCE Pl W RLt f)54) PCL f)341 0.LLf36V) wP41] P 19ae wP IDB] I flCL 51541 CUP 1BBp °SU > SMALL INOUSTRLLL FIRMS ~' ' ° qLL f fy) wP10BB e ~ GYALL OFFRE PARK p0.°154] PCLf}34 PLLfl%] RLL fJ 341 L ) RLLf>3G] I [n P Bm aP+Bm S,Y3111IDVSTNK 0.Nf flCLf>bll LLLIMp11f1R101 FlAYp I Ctf]641 -1 ~µ. .RCL WLl-L NLL 5154] Aw amp MAGNETIC METALS CGRP. sq~ Tq qy9~ RAF 4h FHQ qy "° ~,~ ri i VACANT k 1 RCL $}54I< flCL G9G1~1< LUPfpm THE PARK SMALL IND. FIRME I IlsuLiuvu3siaAi ~ I "aP ms]] urns hPYp ~ ~ wvmp :usls4]'~I sALS9uRr LINp115iA~ III I ENGINEERING fIRMf I I I PLAU flEOEVELOPMENT _ _P_0.I C_ ~ iou ---~~~13 g LA PALMA AVENUE om,w R vAR]tpr I( I I I I Conditional Use Permit No. 2003-04710 Subject Property TRACKING NO. CUP2004-04913 Date: October 18, 2004 Scale: Graphic Requested By: LIVING STREAM MINISTRY Q.S. No. 24 REQUEST TO AMEND OR DELETE CONDITIONS OF APPROVAL PERTAINING TO OPERATIONAL CONSTRAINTS TO RETAIN A VOCATIONAL SCHOOL IN CONJUNCTION WITH A TELECONFERENCE AND TRAINING CENTER. 2411 - 2461 West La Palma Avenue and 1212 North Hubbell Way -Living Stream Ministry 1531 TTF.M Nn_ 5 Staff Report to the Planning Commission October 18, 2004 Item No. 5? 5a. `CEOA MITIGATED NEGATIVE DECLARATION (PREVIOUSLY-APPROVEDI (Motion) 5b. !CONDITIONAL USE PERMIT NO:>2003-04710 '; (Resolution} (TRACKING NO. CUP2004-04913) i SITE LOCATION AND DESCRIPTION: I (1) This irregularly-shaped 40.4-acre'property is located at the northwest corner of La Palma - Avenue and'Gilbert Street, and at the northern termini'of Hubbell: Way and Electric Way, having frontages of 780 feet on the north side of La Palma Avenue, 830 feet on the west side of Gilbert Street, 64 feet at the northem`terminus'of Hubbell Way, andl64 feet akthe northern terminus of Electric Way. (2411 - 2461 West La Palma Avenue and 1212 North Hubbell Way -Living Stream Ministry). REQUEST: (2) The petitioner requests to delete. a condition of approval pertaining to operational constraints to retain an adulUca~eer school in conjunction with a`teleconference and training center under authority of Code,Section 18:60.190. Permit NoJ 2003-04710 contains the following condition of approval: "25. That the existingipusiness and trade school operating under Conditional Use Permit No. 4074 shall cease to operate prior to commencing operation of the permanent teleconferencing center herein approved. A letter requesting terminabon of said Conditional Use Permit shall be submitted to the Zoning Division" DISCUSSION: (5) John Pester, representative for Living Stream Ministry has submitted this request to retain the vocatiorlaf schoolby deleting the condition of approval thafrequires the vocational school cease to operate upon commencement of the eleconferencing center. The `applicant is' proposingito enter into a lease with the American Career College, which js a private institution that offers career training'in the healthcare industry. The existing , vocational school, Westwood College, hasvacated the premises. (6) The Code Enforcement Division: has indicated that the propertyris being properly maintainedt Additionally, Code`.Enforcemeht Division`records indicate that there are no outstanding: complaints pertaining to this property. Sr8802gk Page 1 (~) "~ `i "F a ddnditiohs'exist; (a)'; That he propo: authorized by,tf (Unlisted Uses: (b) Thaf the propo: growth and dev (c) That the size. ai the full develop particular area (d) , (e) RECOMMENDA7 (11) Staff recc fiearing,! evidence public hei he attach Page 3 [DRAFT] RESOLUTION NO. PC2004-'* A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2003-87 ADOPTED IN CONNECTION W ITH CONDITIONAL USE PERMIT NO. 2003-04710 (2411-2461 WEST LA PALMA AVENUE AND 1212 NORTH HUBBELL WAY) WHEREAS, on June 16, 2003, the Anaheim City Planning Commission did, by Resolution No. PC2003-87, grant Conditional Use Permit No. 2003-04710 to permit a teleconferencing center and private conference/training center. WHEREAS, Resolution No. PC2003-87, adopted in connection with subject use permit, includes the following condition of approval: "25. That the existing business and trade school operating under Conditional Use Permit No. 4074 shall cease to operate prior to commencing operation of the permanent teleconferencing center.herein approved. A letter requesting termination of said Conditional Use Permit shall be submitted to the Zoning Division." WHEREAS, the petitioner has requested to amend said condition of approval a pertaining to operational constraints to retain an adulUcareer training center in conjunction with a teleconference center. WHEREAS, this property is currently developed with a two (2) mixed use industrial/office complexes with a total of eight (t3) buildings having a cumulative floor area of approximately 543,000 square feet, the underlying zoning is I (Industrial); the Anaheim General Plan designates this property for General Industrial land uses; and this property is located within the West Anaheim Commercial Corridors Redevelopment Project Area; and is situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL A: THAT PORTION OF PARCEL 3, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 126, PAGES 31, 32 AND 33 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WITHIN PARCEL 1, AS SHOWN ON A PLAT MAP ATTACHED TO A "LOT LINE ADJUSTMENT' INSTRUMENT RECORDED FEBRUARY 8, 1979 IN BOOK 13026, PAGE 1491, OFFICIAL RECORDS. PARCEL B: PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 141, PAGES 26 AND 27 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL C: PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 26, PAGE 49 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL D: PARCEL 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 26, PAGE 49 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 18, 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 amendment and to investigate and make findings and recommendations in connection therewith; and C R\PC2004-0 -1- PC2004- 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: " " this code. That the use as modified is properly one for which a conditional use permit is authorized by 2. That the use as modified will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located; 3. That the size and shape of the site for the use as modified is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to health and safety; 4. That the traffic generated by the use as modified will 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, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. 6. That *" indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has .reviewed the proposal to retain an adult/career training center in conjunction with a teleconference center and does hereby find that the Mitigated Negative Declaration previously approved in connection with Conditional Use Permit No. 2003-04710 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Mitigated Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby amend, in its entirety, the conditions contained in Resolution No. PC2003-87 to read as follows: 1. That the petitioner shall provide pedestrian sidewalk access throughout the project. An on-site pedestrian circulation plan shall be submitted to the Zoning Division and the Traffic Engineering Division for review and approval. Said plan shall show all pedestrian paths of travel from the parking areas to the teleconference/training center. 2. That no church activities shall be permitted unless a separate conditional use permit is submitted to and approved by the Planning Commission or City Council 3. That this facility shall be used for teleconferencing, conferences and training activities only. 4. That no outdoor activities involving gathering of persons shall be permitted on-site. 5. That this facility shall be limited to the following operational characteristics: (a) The public teleconferencing shall be limited to a maximum of one thousand nine hundred (1,900) persons to ensure adequate :parking for all businesses on-site. The hours of operation shall be limited to 8:00 a.m. to 5:00 p.m., Monday through Friday. -2- PC2004- (b) The private conferencing/training center shall be limited to a maximum of five thousand (5,000) persons. The facility may be utilized for this purpose for a maximum of twenty one (21) days per' year, including two (2), six {6) day conferences during winter and summer vacations. The hours of operation shall be limited to 2:00 p.m. to 10:00 p.m., Monday through Saturday, for the two (2) bi-annual conferences; and 2:00 p.m. to 10:00 p.m., Saturday and Sunday (and holidays), for the remaining conference/training dates. 6. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor uses. 7. That no 'compact' of'small car' parking spaces shall be permitted. 8. That the .Living Stream Ministry and Sa Rang Presbyterian Church shall coordinate their events to avoid traffic impacts due to participants from both events arriving and leaving at the same time. Additionally, no parking spaces at the Anaheim Palms Corporate site shall be utilized as overflow parking by Sa Rang Presbyterian Church without prior approval by the Traffic and Transportation Manager. 9. That a final traffic management plan {TMP) shall be submitted to the City Traffic and Transportation Manager for review and approval. Said plan shall :include measures to efficiently and safely move entering and exiting traffic during events as identified in the draft TMP dated November 28, 2001. The TMP may be amended subject to review and approval by the Traffic and Transportation Manager, as appropriate, 'tn order to improve the efficiency of said plan. Said plan may include the following components at the discretion of the Traffic and Transportation Manager: • That Special Events shall require registration, including information regarding the location where the participant will be staying (for example, the conference hotel). • That busing shall be provided to and from the facility to the designated conference hotels. • That event administrators shall require participants to use accommodations at designated conference hotels in order to cluster the individuals and thus facilitate transit to and from the teleconferencing center by bus, hotel shuttle or taxi, • That participants shall be informed of the parking available at the facility, and every effort shall be made to encourage individuals to use the buses. • That participants shall be informed that on-street parking at the event should be avoided as a courtesy to local residents and businesses. • That Living Stream Ministry personnel shall assess the parking during events tp determine if the parking demand exceeds the supply and impacts local on-street parking. Permit parking measures to encourage carpooling will be utilized through issuance of a limited number of parking permits in order to force those without a parking permit to utilize bus transportation, • That Living Stream Ministry personnel shall direct and control arriving and departing traffic to ensure smooth flow in the APTTC parking lot and streets immediately adjacent the APTTC property. 10. That the project shall provide passenger loading and unloading areas acceptable to the City Traffic and Transportation Manager. Said information shall be specifically shown on the plans submitted for building permits. -3- PC2004- 11. That the developer shall comply with Ordinance No. 5209 and Resolution No. 91 R-69 relating to the Transportation Demand Management ("TDM") by providing on-site taxi and shuttle bus loading zones, and by joining and financially participating in the ATN and Clean Fuel Shuttle Program, and by installing bicycle racks. Said information shall be specifically shown on plans submitted to the Traffic Engineering Division for review and approval 12. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said storage area(s) shall be designed, located and screened so as not to be readily identifiable from adjacent streets and highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plants such as minimum one (1) gallon sized clinging vines planted on maximum three (3) foot centers or tall shrubbery. Said information shall be specifically shown pn the plans submitted for building permits. 13. 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. 14. That an on-site trash truck turn around area shall be provided in accordance with Engineering Standard Detail No. 476 and as required by the Streets and Sanitation Division. Said information shall be specifically shown on the plans submitted for building permits. 15. That due to the change in use and/or occupancy of the building, plans shall be submitted to the Building Division showing compliance with the minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Mechanical and Fire Codes as adopted by the City of Anaheim. 16. That prior to issuance of a grading permit, the applicant shall submit a Water Quality Management Plan for review and approval by the Public Works Department, Development Services Division. 17. That prior to issuance of a grading permit, the applicant shall demonstrate to the satisfaction of the Public Works Department, Development Services Division, that coverage has been obtained under California's General Permit for Stormwater Discharges Associated with Construction Activity by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification ("WDID") Number. The applicant shall prepare and implement a Stormwater Pollution Prevention Plan ("SWPPP"). A copy of the current SWPPP shall be kept at the project site and shall be available for City review on request. 18. That any required relocation of City of Anaheim electrical facilities shall be at the property owner's expense. Landscape and/or handscape screening of all padmounted equipment shall be required and shall be outside the easement area of such equipment. Said .information shall be specifically shown on the plans submitted for building permits. 19. That the property owner shall provide the City of Anaheim with a public utilities easement for primary lines and transformer location to be determined as electrical design is completed. 20. That because this project has landscaping areas exceeding two thousand five hundred (2,500) square feet, a separate irrigation meter shall be installed and comply with Chapter 10.19 (Landscape Water Efficiency) of the Anaheim Municipal Code and Ordinance No. 5349. Said information shall be specifically shown on the plans submitted for building permits. 21. That prior to application for water meters, fire lines or submittal of water improvement plans for approval, the applicant shall submit an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project to the Public Utilities Department, Water Engineering Division. 22. That the water backflow equipment shall be above ground and outside the required street setback in a manner fully screened from all public streets. Any other large water system equipment shall be -4- PC2004- installed to the satisfaction of the Water Engineering Division in either underground vaults or outside the required street setback in a manner fully screened from all public streets. Said information shall be specifically shown on plans submitted to and approved by the Water Engineering and Cross Connection inspector prior to issuance of building permits. 23. That four (4) foot high street address numbers shall be displayed on the building roof in a contrasting color to the roof material. The numbers shall not be visible to the adjacent streets or properties. Said information shall be specifically shown on the plans submitted for building permits. 24. That the existing freeway-oriented sign on the Hubbell property shall be removed prior to the issuance of a building permit for the new teleconferencing center. 25. That the parking lot(s) serving the premises shall be equipped with decorative lighting of sufficient power to illuminate and make easily discernable the appearance and conduct of all persons on or about the parking lot(s). Said Lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the window areas of nearby residences. Photometric plans shall be submitted to the Anaheim Police Department for review and approval prior to issuance of building permits. 26. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 27. That the owner of subject property shall submit a letter to the Zoning Division requesting termination of Conditional Use Permit No. 2000-04263 (permitting a temporary public teleconferencing and private training center) and Variance No. 3110 (for waiver of permitted location of flashing signs and maximum height of signs within 750 of a residential structure to construct a freestanding sign). 28. That final parking lot layout plans shall comply with all Code-required landscaping. 29. That final site, elevation, landscape, roof-mounted equipment, lighting, floor and sign plans shall be submitted to the Zoning Division of the Planning Department for review and approval. Any decision c by the Zoning Division may be appealed to the Planning Commission as a'Reports and Recommendations' item. 30. That final landscaping plans shall reflect retention of all mature landscaping feakures that are not impacted by construction of the new buildings, and extension of the row of Mexican Fan Palm trees along the north property line adjacent to the freeway. All trees shall be minimum twenty four (24) inch box sized. Said information shall be shown on the plans submitted for building permits. 31. That the developer shall be responsible for compliance with all mitigation measures within the assigned time frames and any direct costs associated with the Revised Mitigation Monitoring Program Nc. 117, attached to this Resolution, as established by the City of Anaheim and as required by Section 21081.6 of the Public Resources Code to ensure implementation of those identified mitigation measures. 32. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which :plans are on file with the Planning Department marked Exhibit Nos. 1 through 6, and as conditioned herein. 33. 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, 9, 10, 11, 12, 13, 14, 15, 18, 19, 20, 21, 22, 23, 24, 25, 27, 29 and 30, 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. 34. That prior to final building and zoning inspections, Condition No. 32, above-mentioned, shall be complied with. -5- PC2004- 35. 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. 36. That signage shall be limited to the existing and approved signage; and that any additional signs shall be submitted to the Planning Commission for review and approval as a 'Reports and Recommendations' item. AND BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 18, 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. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on October 18, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN W ITNESS WHEREOF, I have hereunto set my hand this day of 2004. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -6- PC2004- ATTACHMENT -ITEM N0. 5 RESOLUTION NO. PC2003-87 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04710 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL A: THAT PORTION OF PARCEL 3, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 126, PAGES 31, 32 AND 33 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WITHIN PARCEL 1, AS SHOWN ON A PLAT MAP ATTACHED TO A "LOT LINE ADJUSTMENT' INSTRUMENT RECORDED FEBRUARY 8, 1979 IN BOOK 13026, PAGE 1491, OFFICIAL RECORDS. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 16, 2003 at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.03.030.010 and 18.61.050.450 to wit: to permit a teleconferencing center and private conference/training center. 2. That the proposed training center is a conditionally permitted use in the Limited Industrial (ML) Zane and the proposed private teleconferencing center is an "unlisted use" which, as proposed, is an appropriate use in the ML Zone. 3. That the size and shape of the site for the proposed use is adequate to allow full development of the proposal in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. That the proposed use, as conditioned herein, will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed. 6. That granting this Conditional Use Permit, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 7. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to permit a teleconferencing center and private conference/training center on an irregularly-shaped 40.4-acre property located at the northwest comer of La Palma Avenue and Gilbert Street, and at the northern termini of Hubbell Way and Electric Way, having frontages of 780 feet on the north side of La Palma Avenue, 830 feet on the west side of Gilbert Street and 224 feet on the east side cr\PC2003-087.doc -1- PC2003-87 of Electric Way, and further described as 2411 - 2461 West La Palma Avenue and 1212 North Hubbell Way (Living Stream Ministry on the former Hubbell site); and does hereby approve the Mitigated Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Mitigated Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received.that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, 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 petitioner shall provide pedestrian sidewalk access throughout the project. An on-site pedestrian circulation plan shall be submitted to the Zoning Division and the Traffic Engineering Division for review and approval. Said plan shall show all pedestrian paths of travel from the parking areas to the teleconference/training center. 2. That no church activities shall be permitted unless a separate conditional use permit is submitted to and approved by the Planning Commission or City Council. 3. That this facility shall be used for teleconferencing, conferences and training activities only. 4. That no outdoor activities involving gathering of persons shall be permitted on-site. 5. That this facility shall be limited to the following operational characteristics: (a) The public teleconferencing shall be limited to a maximum of one thousand nine hundred (1,900) persons to ensure adequate parking for all businesses on-site. The hours of operation shall be limited to 8:00 a.m. to 5:00 p.m., Monday through Friday. (b) The private conferencing/training center shall be limited to a maximum of five thousand (5,000) persons. The facility may be utilized for this purpose for a maximum of twenty one (21) days per year, including two (2), six (6) day conferences during winter and summer vacations. The hours of operation shall be limited to 2:00 p.m. to 10:00 p.m., Monday through Saturday, for the two (2) bi-annual conferences; and 2:00 p:m. to 10:00 p.m., Saturday and Sunday (and holidays), for the remaining conferenceltraining dates. 6. That no required parking area shall be fenced dr otherwise enclosed for storage or other outdoor uses. 7. That no'compact' of 'small car' parking spaces shall be permitted. 8. That the Living Stream Ministry and Sa Rang Presbyterian Church shall coordinate their events to avoid traffic impacts due to participants from both events arriving and leaving at the same time. Additionally, no parking spaces at the Anaheim Palms Corporate site shall be utilized as overflow parking by Sa Rang Presbyterian Church without prior approval by the Traffic and Transportation Manager. 9. That a final traffic management plan (TMP) shall be submitted to the City Traffic and Transportation Manager for review and approval. Said plan shall include measures to efficiently and safely move entering and exiting traffic during events as identified in the draft TMP dated November 28, 2001. The TMP may be amended subject to review and approval by the Traffic and Transportation Manager, as appropriate, in order to improve the efficiency of said plan. Said plan may include the following components at the discretion of the Traffic and Transportation Manager: That Special Events shall require registration, including information regarding the location where the participant will be staying (for example, the conference hotel). -2- PC2003-87 m That busing shall be provided to and from the facility to the designated conference hotels. That event administrators shall require participants to use accommodations at designated conference hotels in order to cluster the individuals and thus facilitate transit to and from the teleconferencing center by bus, hotel shuttle or taxi. e That participants shall be informed of the parking available at the facility, and every effort shall be made to encourage individuals to use the buses. That participants shall be informed that on-street parking at the event should be avoided as a courtesy to local residents and businesses. e That Living Stream Ministry personnel shall assess the parking during events to determine if the parking demand exceeds the supply and impacts local on-street parking. Permit parking measures to encourage carpooling will be utilized through issuance of a limited number of parking permits in order to force those without a parking permit to utilize bus transportation. o That Living Stream Ministry personnel shall direct and control arriving and departing traffic to ensure smooth flow in the APTTC parking lot and streets immediately adjacent the APTTC property. 10. That the project shall provide passenger loading and unloading areas acceptable to the City Traffic and Transportation Manager. Said information shall be specifically shown on the plans submitted for building permits. 11. That the developer shall comply with Ordinance No. 5209 and Resolution No. 91 R-89 relating to the Transportation Demand Management ("TDM") by providing on-site taxi and shuttle bus loading zones, and byjoining and financially participating in the ATN and Clean Fuel Shuttle Program, and by installing bicycle racks. Said information shall be specifically shown on plans submitted to the Traffic Engineering Division for review and approval. 12. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Putilic Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said storage area(s) shall be designed, located and screened so as not to be readily identifiable from adjacent streets and highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plants such as minimum one (1) gallon sized clinging vines planted on maximum three (3) foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 13. 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. 14. That an on-site trash truck tum around area shall be provided ih accordance with Engineering Standard Detail No. 610 and as required by the Streets and Sanitation Division. Said information shall be specifically shown on the plans submitted for building permits. 15. That due to the change in use and/or occupancy of the building, plans shall be submitted to the Building Division showing compliance with the minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Mechanical and Fire Codes as adopted by the City of Anaheim. 16. That prior to issuance of a grading permit, the applicant shall submit a Water Quality Management Plan for review and approval by the Public Works Department, Development Services Division. -3- PC2003-87 17. That prior to issuance of a grading permit, the applicant shall demonstrate to the satisfaction of the Public Works Department, Development Services Division, that coverage has been obtained under California's General Permit for Stormwater Discharges Associated with Construction Activity by°' providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification.("WDID") Number. The applicant shall prepare and implement a Stormwater Pollution Prevention Plan ("SWPPP"). A copy of the current SWPPP shall be kept at the project site and shall be available for City review on request. 18. That any required relocation of City of Anaheim electrical facilities shall be at the property owner's expense. Landscape and/or hardscape screening of all padmounted equipment shall be required and shall be outside the easement area of such equipment. Said information shall be specifically shown on the plans submitted for building permits. 19. That the property owner shall provide the City of Anaheim with a public utilities easement for primary lines and transformer location to be determined as electrical design is completed. 20. That because this project has landscaping areas exceeding two thousand five hundred (2,500) square feet, a separate irrigation meter shall be installed and comply with Chapter 10.19 (Landscape Water Efficiency) of the Anaheim Municipal Code and Ordinance No. 5349. Said information shall be specifically shown on the plans submitted for building permits. 21. That prior to application for water meters, fire lines or submittal of water improvement plans for approval, the applicant shall submit an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project to the Public Utilities Department, Water Engineering Division. 22. That the water backflow equipment shall be above ground and outside the required street setback in a manner fully screened from all public streets. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside the required street setback in a manner fully screened from all public streets. Said information shall be specifically shown on plans submitted to and approved by the Water Engineering and Cross Connection Inspector prior to issuance of building permits. 23. That four (4) foot high street address numbers shall be displayed on the building roof in a contrasting color to the roof material. The numbers shall not be visible to the adjacent streets or properties. Said information shall'be specifically shown on the plans submitted for building permits. 24. That the existing freeway-oriented sign on the Hubbell property shall be removed prior to the issuance of a building permit for the new teleconferencing center. 25. That the existing business and Uade school operating under Conditional Use Permit No. 4074 shall cease to operate prior to commencing operation of the permanent teleconferencing center herein approved. A letter requesting termination of said Conditional Use Permit shall be submitted to the Zoning Division. 26. That the parking lot(s) serving the premises shall be equipped with decorative lighting of sufficient power to illuminate and make easily discernable the appearance and conduct of all persons on or about the parking lot(s). Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the window areas of nearby residences. Photometric plans shall be submitted to the Anaheim Police Department for review and approval prior to issuance of building permits. 27. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. -4- PC2003-87 28. (a) That the owner of subject property shall submit a letter to the Zoning Division requesting termination of Conditional Use Permit No. 2000-04263 (permitting a temporary public "' teleconferencing and private training center). (b) That prior to issuance of a building permit, the owner of subject property shall submit a letter to the Zoning Division requesting termination of Variance No. 3110 (for waiver of permitted location of flashing .signs and maximum height of signs within 750 of a residential structure to construct a freestanding sign). 29. That final parking lot layout plans shall comply with all Code-required landscaping. 30. That final site, elevation, landscape, roof-mounted equipment, lighting, floor and sign plans shall be submitted to the Zoning Division of the Planning Department for review and approval. Any decision c by the Zoning Division may be appealed to the Planning Commission as a 'Reports and Recommendations' item. 31. That final landscaping plans shall reflect retention of all mature landscaping features that are not impacted by construction of the new buildings, and extension of the row of Mexican Fan Palm trees along the north property line adjacent to the freeway. All trees shall be minimum twenty four (24) inch box sized. Said information shall be shown on the plans submitted for building permits. 32. That the developer shall be responsible for compliance with all mitigation measures within the assigned time frames and any direct costs associated with the Revised Mitigation Monitoring Program No. 117, attached to this Resolution, as established by the City of Anaheim and as required by Section 21081.6 of the Public Resources Code to ensure implementation of those identified mitigation measures. 33. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 6, and as conditioned herein. 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, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 26, 28(b), 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 18.03.090 of the Anaheim Municipal Code. 35. That prior to final building and zoning inspections, Condition Nos. 25, 28(a) 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. 37. That signage shall be limited to the existing and approved signage; and that any additional signs shall be submitted to the Planning Commission for review and approval as a 'Reports and Recommendations' item. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is 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. -5- PC2003-87 16, 2003. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: SUPPORT SUPERVISOR, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Osbelia Edmundson, Support Supervisor of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on June 16, 2003, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, EASTMAN, KOOS, O'CONNELL, ROMERO, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE VACANT: COMMISSIONERS: ONE POSITION IN W ITNESS W HEREOF, I have hereunto set my hand this day of , 2003. SUPPORT SUPERVISOR, ANAHEIM CITY PLANNING COMMISSION -6- PC2003-87 ITEM N0. 6 I I CUP 7B4 VACANT VAR 1946-13 LAND PEST COMROL SERVICES EMBASSY ST - ~ R~( G `9$ LA 4S 'Oy IMPORT AUTO SALVAGE RCL 5fi-57-Bb pGL 5fi-5]-BO y YARD CUP \921 I RCL 56-57-86 S pqH- SMALL IND. FIRMS I INDFIRM IAL 7- wGF ~9 \ tic S~, F~ 9LF GENSER ST I MACHIp CUP 2013 snoP ~q 1 /~~ s s4? O RCL 56 57 86 r ,~~gMR],~2] 4~ -5]416 - . 3 G 5c f 2003- T-CUP 2003- ~ N '46 04745 ~ R'HO N 14342 T-CUP ~ ~ Aµ 20\0 5 2CUP 3632 )j 3 96 CUP 2994 I ~ y ~ CUP 136 T-CUP 2001-04342 I ,- S M-Q ~ S PLUMBING FAIRMONT PRIVATE CUP 3632 TPM 2001-132 D• ~p ONiRACTOR SCHOOL CUP 2994 RCL 56 57-86 ~y 7r Fy O CUP 138 CUP 200404907 'F (T-CUP 2001-04476) (cuPalse)~ MABLESTREET (CUP 4139): IND. FIRM I I R RCL 56-5 -86 CLp 7,9 CUP 1463 4 6` I '7420 s 4 FAIRMOM 7 • y PRIVATE caNiriac]o0s SOUTHERN SCHOOL I Rp PACIFIC I RCL 66-s7-14 n ASS RAILROAD c , S~ RCL 66.67-14 RCL 56-57.86 RCl 565756 ~ RCL 6657-14 t76 I MI5 SUP 73 m RCL 56-57-86 m CL 6657-1 ~ MIS suP 73 SMALL IND. MIS SUP 73 RCL 56-57-85 ~ I FIRMS MALL INDUSTRIAL FIRM AUTO STORAGE p BROADWAY _ _ _ RS-3 y RS-3 RCL 70-71 A3 1 DU EAC Q 1 DU EACH RM-2 RCL BB-B9-OB ELM AVE ~ VAR 4007 VAR 3629 CONDOS 15 DU RS-3 J I W CUP 3557 N CUP 1408 W TRIILH REPRIft = I USTRIA PARK Conditional Use Permit No. 2004-04907 Subject Property Date: October 18, 2004 Scale: 1" = 200' Requested By: RONDEUX INVESTMENTS, LLC Q.S. No. 54 REQUEST TO PERMIT A TELECOMMUNICATIONS ANTENNA (DISGUISED AS A PALM TREE) AND ACCESSORY GROUND-MOUNTED EQUIPMENT WITH WAIVER OF MINIMUM SETBACK ADJACENT TO AN INTERIOR PROPERTY LINE. 1515 West Mable Street lszs TTF.M Nn. F Sr5~20jr originally tested for aroof-mountedfiacility; however, the signal strength'oti meet the objectives needetl to maintain optimum coverage in the area. TF conducted a balloon simulation at the: height of the proposed facility o dert visual impact the facility would have in the area:' As demonstrated by this t be minimal impact to properties in the area. (13) The PI due to :.that."s' the aei disguj facility: tialloo recomi (14) Code E FINDINGS: (15) When 'Zoning 6ecau: ehjoye variant would I Theref shown (a);!'rT Staff Report to the ;'bi~.,..~..~'r.,.,,.,,~~a.... ..,r..~. ,_r. y .. ........ .... ..... ~.. .......,..~,,,.. ....... .... ...,. ..~.,r.~.... .,.. ... ~..... _....y _....__ properties in thervicinity; and (ti) That strict application of the Zoning Code deprives the property of privileges enjoyed by other properties under identical zoning classification in the vicinity: (16) Before the Commission grants any conditional use permit, it must make a finding of fact that the evidence presented shows that all'of the following conditions exist: (a) That the use as modified is properly'one for which a conditional use permit is authorized by the Zoning Code, or is'an unlistetl use as'defined in Subsection`.030 (Unlisted Uses'Permitted)pf Section 96.66.040 (Approval Authority); (b) That the use as modified wilt not adversely affect the adjoining land uses or the growth and developmentof the area: in which iEis proposed to be located; (c) Thatthe size and shape of the site for the modified use is' adequate to allow the full development of the proposed use in`a manner(not detrimental to the particular area or to the health and safety; (d) That the traffic generated by the modified use will not impose an untlue burden upon the streets and;highways'designed'ahd improved to carrythe traffic'in the area; and (e) That the granting of the conditional use permifunder the conditions imposed, if any, will not be detrimental to the health and safety`of the citizens of the. City of Anaheim. Page 3 RECOMME (17) Ste hey evi put res Page 4 [DRAFT] RESOLUTION NO. PC2004--* A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04907 BE GRANTED (1515 WEST MABLE 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: BEING A PORTION OF PARCEL 1 AND ALL OF PARCEL 2 OF PARCEL MAP NO. 2001- 132 AS FILED IN PMB 325 PAGES 26-27 RECORDS OF ORANGE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 1 THENCE SOUTH 00° 20' 33" EAST 459.58 FEET; THENCE SOUTH 57° 11' 58" EAST 298.63 FEET TO A POINT ON THE CENTERLINE OF MABLE STREET; THENCE NORTH 88° 47' 38" EAST 35.13 FEET ALONG THE CENTERLINE OF SAID MABLE STREET TO THE TRUE POINT OF BEGINNING THENCE NORTH 01° 12' 22"WEST 80.03 FEET; THENCE NORTH 32° 55' 29" EAST 280.33 FEET TO THE BEGINNING OF A NON TANGENT CURVE CONCAVING SOUTHEASTERLY HAVING A RADIAL BEARING OF SOUTH 40° 35' 24" WEST HAVING A RADIUS OF 715.00 FEET THROUGH A CENTRAL ANGLE 07° 56' 34" A DISTANCE OF 99.12 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVING SOUTHEASTERLY THROUGH A CENTRAL ANGLE OF 26° 25' 05" HAVING RADIUS OF 536.00 FEET A DISTANCE OF 247.14 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVING SOUTHEASTERLY THROUGH A CENTRAL ANGLE OF 14° 43' 44" HAVING A RADIUS OF 828.00 FEET A DISTANCE OF 212.85 FEET; THENCE SOUTH 00° 19' 13" EAST 78.98 FEET; THENCE NORTH 57° 11' 58" WEST 25.68 FEET TO A POINT ON THE CENTERLINE OF ADAMS STREET; THENCE NORTH 20° 11' 42" WEST 16.75 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVING NORTHWESTERLY WITH A RADIUS OF 43.00 FEET THROUGH A CENTRAL ANGLE OF 77° 23' 21" A DISTANCE OF 58.08 FEET; THENCE NORTH 57° 11' 58" WEST 317.24 FEET ALONG THE CENTERLINE OF MABLE STREET TO THE BEGINNING OF A TANGENT CURVE CONCAVING SOUTHWESTERLY WITH A RADIUS OF 48.00 FEET THROUGH A CENTRAL ANGLE OF 34° 00' 27" A DISTANCE OF 28.49 FEET ALONG THE CENTERLINE OF SAID MABLE STREET BACK TO THE TRUE POINT OF BEGINNING. WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 18, 2004, at 2:30 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 telecommunications facility disguised as a palm tree is a use properly one for which a conditional use permit is authorized by Anaheim Municipal Code Sections 18.10.030.0402 and 18.36.060 with waivers of the following: SECTION NO. 18.38:060.050 Minimum setback adjacent to an interior (rear) oroperty line (10 feet required; 0 feet proposed) Cr\PC2004-0 -1- PC2004- 2. That the waiver is hereby rg anted in that compliance with the required setback would eliminate parking spaces and could impact vehicular access. Due to the size and configuration of the _ parking area, the building location and the surrounding properties and adjacent fencing constraints, this location would have the least negative impact on the property and would allow the facility to be completely screened from pubic view. 3. That the proposed telecommunications facility disguised as a palm tree would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located due to the telecommunication monppole being disguised as a palm tree, which blends in with the surrounding properties, and the facility is located at the rear of an existing industrial property, and as demonstrated by the balloon test photos, does not significantly impact the visual aesthetics of the area. 4. That the size and shape of the site is adequate to allow full development of the proposal in a manner not detrimental to the particular area nor to the health and safety as the telecommunication facility disguised as a flagpole would minimize visibility from the surrounding properties. 5. That because this is an unmanned facility with infrequent maintenance, the traffic generated by the proposed use will not, under the conditions imposed, impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 6. That granting this conditional use permit will not, under the conditions imposed, be detrimental to the health and safety of the citizens of the City of Anaheim and that the use will contribute to an essential and effective wireless communications network system. 7. That "' indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to permit a telecommunications antenna (disguised as a palm tree) and accessory ground-mounted equipment with waiver of minimum setback adjacent to an interior (rear) property line and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. . NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, 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 proposed telecommunications facility, consisting of one "palm tree" with three sectors containing four (4) panel antennas per sector and accessory ground-mounted equipment shall be permitted for a period of five (5) years, to expire on October 18, 2009. 2. That the proposed telecommunications facility shall be limited to fifty (50) feet in height. The design of the facility shall match the sample of the "palm tree" design as submitted by the petitioner. Final design plans shall be submitted to the Zoning Division for review. No additional or replacement antennas shall be permitted without the approval of the Planning Commission. Said information shall be specifically shown on plans submitted for building permits. 3. That the "palm tree" shall be constructed of permanent materials simulating an authentic "palm tree'. The pole shall be maintained in good, clean condition. The antennas shall be painted to match the palm fronds and shall not project beyond the palm fronds. Said information shall be specifically shown on plans submitted for building permits. -2- PC2004- 4. That the ground-mounted equipment shall be located entirely within the designated "lease" area of the property and the cable connecting the "palm tree" to the equipment shall be underground and shall not be visible to the public. Said information shall be specifically shown on plans submitted far building permits. - 5. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 6. That the landscaping shall be maintained in conformance with the approved exhibits and the irrigation system shall be maintained in compliance with City standards. 7. That the entire equipment enclosure shall be constructed with a solid CMU block wall of a height sufficient to screen BTS units. Said enclosure shall be planted and irrigated with minimum 5-gallon vines on all sides. Said information shall be specifically shown on plans submitted for building permits. 8. That the portion of the property being leased to the communication provider shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash and debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. 9. That the operator will ensure that its installation and choice of frequencies will not interfere with the 800 MHz radio frequencies required by the City of Anaheim to provide adequate spectrum capacity for Public Safety and related purposes. 10. That at all times, other than during the 24-hour cure period provided in Condition No. 12 below, Operator shall not prevent the City of Anaheim from having adequate spectrum capacity on City's 800 MHz radio frequency. 11. That before activating its facility, Operator will submit to apost-installation test to confirm that the facility does not interfere with the City of Anaheim's Public Safety radio equipment. This test will be conducted by the Communications Division of the Orange County Sheriff's Department or a Division- approved contractor at the expense of Operator. 12. That the Operator shall provide a 24-hour telephone number to the Planning Services Division (to be forwarded to the Fire and Police Departments) to which interterence problems may be reported, and shall resolve all interterence complaints within 24 hours. 13. That the Operator will provide a "single point of contact" in its Engineering and Maintenance Departments to ensure continuity on all interference issues. The name, telephone number, fax number and a-mail address of that person shall be provided to City's designated representative upon activation of the facility. 14. That the Operator shall ensure that any of its contractors, sub-contractors or agents, or any other user of the facility, shall comply with the terms and conditions of this permit. 15. That should this telecommunication facility be sold the City of Anaheim, Zoning Division shall be notified within 30 days of the close of escrow.. 16. That any required relocation of City electrical facilities shall be at the developer's expense. That landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall be shown on plans submitted for building permits. 17. That the legal owner of the subject property shall provide the City of Anaheim with an electrical utility easement along/across high and low voltage lines, and around pad-mounted equipment. Said easement shall be submitted to the City of Anaheim prior to connection of electrical service. -3- PC2004- 1 t3. That all equipment associated with the facility shall be installed within the existing five (5) foot wi_d_e underground pipeline easement with the easement holder's written authorization. 19. That the subject property shall be developed substantially in accordance with the plans'and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos, 1, 2, 3, 4 and 5, and as conditioned herein. 20. 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. 2, 3, 4, 7, 16 and 17, 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. 21. That prior to final building and zoning inspections, Condition Nos. 11, 12 and 19, above-mentioned, shall be complied with. 22. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 18, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and .maybe replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2004- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on October 18, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: 1N W ITNESS W HEREOF, I have hereunto set my hand this day of 2004. SENIOR SECRETARY. ANAHEIM CITY PLANNING COMMISSION -5- PC2004- ITEM N0. 7 RS-2 1 DU EACH Conditional Use Permit No. 2004-04910 Subject Property Date: October 18, 2004 Scale: Graphic Requested By: ANAHEIM UNION SCHOOL DISTRICT Q.S. No. 49 REQUEST TO PERMIT A TELECOMMUNICATIONS ANTENNA (DISGUISED AS A PINE TREE) WITH ACCESSORY GROUND-MOUNTED EQUIPMENT. 1800 West Ball Road -Trident Adult Center isz~ rmu nrt un ~ 7a. 'CEQA NE 7b. ' CONDITII SITE LOC 'Direction General Plan Des nation North', across Ball ' Low-Medium Density Road and west,' Residential across Nutwood Street East and South.: (Low Density Res(dehtial n ~uwmc~ c NiuNuacu ~qun Nnicucc ~cicwun uunrvcuvna icunny.;u, sectors with'four (4} panel antennas per sector for a total of 12 ar the pine tree which would be painted pine needle green. The par dimension of 4 feet in length. The facility would be located within located in the parking lot east of the school buildings and setbacF The applicant has indicated three: (3) trees are locatetl within thei landscapingis proposed. The equipment layout plan;(Exhibit Not chain link fence surrounding the faux pine tree and adjacent grou equipment. The applicant has indicated that if approved, the cha replaced with a block wall as required by Code. Sr8798dh.doc impact anc, tnererore, recommends tnat a Negative uec finding by the Planning Commission that the Negative D judgment of the lead agency; and that it has considered'. together with any. comments received?during the'public r on tht basis of the Initial Study and any comments recei evidence that the project will have a significant effect on with primarily residenti~ facility and was`determ stealth opportunity wfiil (12) The Planning Departm~ due to'the significant c adopted Zoning Code's facilities. Section No. 1 safety; (d) That the traffic generated by the streets and;'highwaysdesigned'as (e) That the granting of the conditions will not be'detrimental to the heap a. - i i icy c~ anwi iwy vu icy a ici r uw a iy a is are ww. uui c Nrn wu:Nruv~~c~ u ~ vc~ i~ "Operator shall not prevent the City of Anaheim from having adequate specti 800 MHz radio frequency. 10. Page E [DRAFT] RESOLUTION NO. PC2004--' A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04910 BE DENIED (1800 W EST BALL ROAD-TRIDENT ADULT CENTER) WHEREAS, the Anaheim Planning Commission did receive a verifed 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: THAT PORTION OF LOT 5 OF THE KELLOGG HOMESTEAD TRACT, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 8 PAGE 51 MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF NORTHEAST QUARTER OF SECTION 20, IN TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNAD7N0 BASE AND MERIDIAN, AND RUNNING THENCE EAST ALONG THE NORTH LINE OF SAID SECTION 344.49 LOT 5; THENCE WEST ALONG SAID SOUTH LINE 343.44 FEET TO THE WEST LINE THENCE NORTH ALONG THE WEST LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 20 TO THE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF LOT 5 OF THE KELLOGG HOMESTEAD TRACT, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 8 PAGE 51 MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 5 THENCE RUNNING WEST ALONG THE NORTH LINE OF SAID LOT TO A POINT 344.49 FEET EAST OF THE NORTHWEST CORNER OF SAID LOT; THENCE SOUTH IN A STRIGHT LINE TO A PONTIS THE SOUTH LINE OF SAID LOT 5, BEING 343.44 FEET EAST OF THE SOUTHWEST CORNER OF SAID LOT; THENCE EAST ALONG SIAD SOUTH LINE TO THE SOUTHEAST CORNER OF SAID LOT; THENCE NORTH ALONG THE EAST LINE OF SAID LOT 5 TO THE POINT OF BEGINNING. WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 18, 2004, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.66.040.030, 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 petitioner's proposal to permit a telecommunications antenna (disguised as a pine tree) with accessory ground-mounted equipment is properly one for which a conditional use permit is authorized by the Zoning Code. 2. That the faux pine tree telecommunication facility is hereby denied because the proposed facility would adversely affect adjoining land uses and would be incompatible with the surrounding residential areas and would be contrary to the City's policy of reducing the visual impacts of utilities infrastructure. Adding the proposed telecommunications facility would be in direct conflict with the goal of reducing the visual impacts of utilities. Cr\PC2004-0 -1- PC2004- 3. That the size and shape of the site proposed for the use is not adequate to allow full development of the proposed use in a manner not detrimental to the particular area nor to the health and safety of the Citizens of the City of Anaheim since the proposed height and location of the faux pine tlee telecommunication facility would be visible to adjacent streets and single-family residential properties. 4. That alternatives to better disguise the proposed facility exist and should be pursued to mitigate potential aesthetic impacts to the surrounding single-family residential properties and public streets and not degrade the aesthetic quality of the area. 5. That'** indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal to permit a faux pine tree telecommunication facility with accessory ground mounted equipment; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby deny subject Petition for Conditional Use Permit, on the basis of the aforementioned findings. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 18, 2004. Said resolution is subject to the provisions set forth in Chapter 18.6p, "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on October 18, 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 PLANNING COMMISSION -2- PC2004- ITEM N(1. R VAR41T~ 1 V PR 2933 _.~~REEj N I ~m1 GN ~ N ~m _ _` ~ Zpu v~~$ ~pU VPR gp93DU SSRE~~ „ °G Za o -i Conditional Use Permit No. 2004-04908 j ~f Subject Property .Y..._.h.~~ Date: October 18, 2004 Scale: 1" = 200' Requested By: ANAHEIM POST#3173 Q.S. No. 82 REQUEST TO PERMIT A TELECOMMUNICATIONS ANTENNA (DISGUISED AS A FLAGPOLE) AND ACCESSORY GROUND-MOUNTED EQUIPMENT. WITH WAIVERS OF: (A) MINIMUM SETBACK ADJACENT TO AN INTERIOR PROPERTY LINE (B) MINIMUM NUMBER OF PARKING SPACES 805 East Sycamore Street -VFW Hail No. 3173 1528(200410-13) TTYM TT/T 4 Staff Report to the Planning Commission Actober 18, 2004 'item No:B 8a. CEQANEGATIVEbECLARATION (Motion) 8b. ''WAIVER OE CODE REQUIREMENT (Motionf 8c. ' 'CONDITIONAL` USE PERMIT NO.'2004-04908 (Resoliition) SITE LOCATION AND DESCRIPTION:': (1) This rectangularly-shaped 0.9-acre property has a frontage of 100 feet on the north side of Sycamore Street, a maximum depth of 397 feet and is located 170 feet west of the centerline of Vine Street (805 East Sycamore Street.-VFW Hall No. 3173). REQUEST: (2) The petitioner requests approval of a conditionat use: permit under authority of Code 'Sections x8.10.030.010.0402 and 18.38:060 to permit a telecommunications antenna '?(disguised'as a flagpole, and accessory ground-mounted equipment) with waiver of he :following: (a) SECTION NO. 18.38.060 Minimum etback atliacent to an interior propertylirie (DELETED) (b) SECTION NQ 18.42.040 Minimum number of parking spaces (DELETED) BACKGROUND: j (3) The property is currently developed with a Veterans df Foreign;Wars meeting hall. The `property is zoned I (Ihdustrial) and the Anaheim General Plan Land Use'Element Map i designates this property for Low Density: Residential land uses: PREVIOUS ZONING ACTIONS: (4) The following zoning actions pertain to thisproperty: 'j /a\ (`nnRi}innal Ilco Dermi}` Aln ~nn~_nn Boa rtn norm i# a #darnmmunira#inne an#anna with accessory ground-mounted equipment)',was approved by the Planning Commission'bn September 23, 2002. The Planning Commission: granted a retroactive extension of time to comply with conditions'of approval on January 26, 2004 to expire September 23, 2004. (b) Variance No 2708 (waiver of minimum front setback to expand ah existing VFW building) was approved by the Planning Commission in June, 1975.- ; (c) Conditional Use PermiFNo. 1040,(to permit expansion of existing,VFW facilities, with waiver pf minimum number of required parking spaces) was'approved by the Planning Commission ih July, 1968. (d) Conditional Use Permit No. 83 (to construct and operate a meeting hall to include bar facilitiesj;was approved by the City Council in October, 1960.'. SR5119JR.DOC Page 1 PROPOSAL: (5) The petitioner proposes to a flagpole. The flagpole wi the west property line, and' 83 feet from the east+property line. No intE from the west property line abutting the railroad right-of-way is require antenna or the accessory equipment area. (7) The site plans further indicate that the 210-square foot equipment shE on the'west property line and enclosed with a 7-foot, 4-inch high CMU have a stucco finish and be painted to match the existing building. Ar fence would enclose the equipment area along the west property liner 'displace recomm maintair (14) The petl was sele service)I request design c for co-loi locate o~ Staff Report to the Planning Commission October 18, 2004 Item. No. 8 this site was selected as it would be the least obtrusive location and would not add any additional visual clutter to rearby properties, aslit would be co-locatetl on the site with a 1 previously-approved AT&Tfilagpele facility. Two (2) other ocations were consitlered (71 t; anr1.TId Faci Cvr~mnra. Rfroo4b Fn,uevcr 1Fic ~.,te ,.,~~ ~:U.. t.,N .a~~.: ~.. iF,. i....~t~.... ..q~........~ (c) That the size and shape of the site is adequate to allow the fullydevelopment of the '? proposed use in a manner notdetrimental to the particular area or to the health and safety; (d) That the traffic generated by the use will not impose an undue burden upon the streets and highways designed: and improved to carry the traffic in the area; and (e) That the granting of the conditional use permit under the conditions imposed, if any,' will not be'detrimental to the health and safety of the citizens of the City of Anaheim: :RECOMMENDATION: (18) Staff recommends that, unless additional or contrary information is received during the hearing, and based upon the evidence submitted to the Commissiort including; he evidence presented in this staff report, and oral and written evidence presented'at the public hearing, the Commission approve the petitioner's request by adopting the attached resolution including the findings and conditions contained therein. Page 4 [DRAFT] RESOLUTION NO. PC2004--* A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04908 BE GRANTED ., (805 EAST SYCAMORE 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 VINEYARD LOT 81, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 4, PAGES 629 AND 630, DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID VINEYARD LOT B1; THENCE NORTHERLY 404.p5 FEET ALONG THE WESTERLY LINE OF SAID VINEYARD LOT Bi TO THE SOUTHERLY LINE OF THE NORTHERLY 10 ACRES OF SAID VINEYARD LOT 81; THENCE EASTERLY 100.00 FEET PARALLEL WITH THE NORTHERLY LINE OF SAID VINEYARD LOT B1; THENCE SOUTHERLY 404.12 FEET PARALLEL WITH SAID WESTERLY LINE TO THE SOUTHERLY LINE OF SAID VINEYARD LOT B1; THENCE WESTERLY 100.00 FEET ALONG THE SOUTHERLY LINE TO THE POINT OF BEGINNING. EXCEPT THE SOUTHERLY 7:00 FEET THEREOF, AS GRANTED TO THE CITY OF ANAHEIM FOR WIDENING SYCAMORE STREET. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 18, 2004, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use of a telecommunications facility disguised as a flagpole with accessory ground-mounted equipment is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Sections 18.10.030.010.0402 and 18.38.060 with waivers of the following: (a) SECTION NO. 18.38.060 Minimum setback adjacent to an interior oropertv line (DELETED) (b) SECTION NO. 18.42.040 Minimum number of parking spaces (DELETEDI 2. That the above requested waivers are hereby denied as they have been deleted because they have been deemed unnecessary. 3. That the proposed telecommunications facility disguised as a flagpole for the VFW Halt 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\PC2004-0 -1- PC2004- 4. That the size and shape of the site is adequate to allow full development of the proposal in a manner not detrimental to the particular area nor to the health and safety as the telecommunication facility _ ._ isgwsed as a flagpole would minimize visibility from surrounding properties. - 5. That because this is an unmanned facility with infrequent maintenance, the traffic generated by the proposed use will not, under the conditions imposed, impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 6. That granting this conditional use permit will not, under the conditions imposed, be detrimental to the health and safety of the citizens of the City of Anaheim and that the use will contribute to an essential and effective wireless communications network system. 7. That *`* indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to permit a telecommunications antenna (disguised as a flagpole) and accessory ground-mounted equipment and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, 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 proposed telecommunications facility, consisting of one (1) "flagpole" with three (3) panel antennas (one per sector) enclosed within the pole and accessory ground-mounted equipment shall be permitted for a period of five (5) years, to expire on October 18, 2009. That the proposed telecommunications facility shall be limited to forty (40) feet in height with three (3) sectors consisting of one (1) panel antenna per sector having dimensions of 5 feet in length and 1.5 feet in width and accessory ground-mounted equipment. The flagpole shall be designed to allow the flag to fly freely. The monopole antennas shall be completely enclosed within the proposed flagpole and .not visible to public view. The design of the flagpole shall match AT&T's flagpole design (entitled by Conditional Use Permit No. 2002-04596). No additional or replacement antennas shall be permitted without the approval of the Planning Commission. Said information shall be specifically shown on plans submitted for building permits. 3. That the proposed flagpole shall be limited to the display of the United States flag andlor California State flag with dimensions proportional to the height of the monopole. No signs, banners or any other form of advertising or identification shall be attached to the proposed "flagpole" structure. 4. That the base of the flagpole shall be up-lit to light the flag during hours of darkness; or taken down each night. Said information shall be specifically shown on plans submitted for building permits.. 5. That the flagpole shall be constructed of permanent materials simulating an authentic flagpole. The pole shall have steel finish exterior and maintained in good, clean condition. Said information shall be specifically shown on plans submitted for building permits. 6. That the flag proposed for the site shall be regularly displayed and maintained in "like nev/' condition. In the event that the flag fades, rips, frays or otherwise deteriorates, it shall be replaced immediately by a new flag. -2- PC2004- 7. That the ground-mounted equipment shall be located entirely within the designated "leased" area of the property and the cable connecting the "flagpole" to the equipment shall be underground and shalt not be visible to the public. Said information shall be specifically shown on plans submitted for building permits. ~~ 8. That trash storage areas shall be refurbished (including the trash enclosure gate) 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. 9. That a landscape and irrigation plan for subject property shall be submitted tc the Planning Services Division for review and approval. Said plan shall indicate a minimum two (2) foot wide planter along the north, east and west sides of the equipment enclosure planted with shrubs and clinging vines to prevent graffiti opportunities. Any decision made by the Planning Services Division regarding said plan may be appealed to the Planning Commission as a Reports and Recommendations item. Said information shall be specifically shown on plans submitted for building permits 10. That the landscaping shall be maintained in conformance with the approved exhibits and the irrigation system shall be maintained in compliance with City standards. 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. 11. That the entire equipment enclosure shall be constructed with a solid decorative CMU block wall of a height sufficient to screen the BTS units. Said enclosure shall be planted and irrigated with minimum 5-gallon vines on the east and north wall faces. Said information shall be specifically shown on plans submitted for building permits. 12. That the portion of the property being leased to the communication provider shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash and debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. 13. That the operator shall ensure that its installation and choice of frequencies will not jnterfere with the 800 MHz radio frequencies required by the City of Anaheim to provide adequate spectrum capacity for Public Safety and related purposes. 14. That at all times, other than during the 24-hour cure period provided in Condition No. 16 below, the Operator shall not prevent the City of Anaheim from having adequate spectrum capacity on the City's B00 MHz radio frequency. 15. That before activating its facility, the Operator shall submit to apost-installation test to confirm that the facility does not interfere with the City of Anaheim's Public Safety radio equipment. This test shall be conducted by the Communications Division of the Orange County Sheriffs Department or a Division-approved contractor at the expense of the Operator. 16. That the Operator shall provide a 24-hour telephone number to the Planning Services Division (to be forvvarded to the Fire and Police Departments) to which interference problems may be reported, and shall resolve all interference complaints within 24 hours. 17. That the Operator will provide a "single point of contact" in its Engineering and Maintenance Departments to ensure continuity on all interference issues. The name, telephone number., fax number and a-mail address of that person shall be provided to City's designated representative upon activation of the facility. 18. That the Operator shall ensure that any of its contractors, sub-contractors or agents, or any other user of the facility, shall comply with the terms and conditions of this permit. 3- PC2004- 19. That should this telecommunication facility be sold the City of Anaheim, Planning Services Division shall be notified within 30 days of the close of escrow. 20. That any required relocatipn of City electrical facilities shall be at the developer's expense. That landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall be shown on plans submitted for building permits. 21. That the legal owner of the subject property shall provide the City of Anaheim with an electrical utility easement along/across high and low vbltage lines, and around pad-mounted equipment. Said easement shall be submitted to the City of Anaheim prior to connection of electrical service. 22. That plans submitted for building permits shall show a minimum of sixty-eight (68) on-site parking spaces. 23. That the subject property shall be developed substantially in accordance with the plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1, 2, 3 and 4, and as conditioned herein except that the maximum heioht of the flaopole shall be forty (40) feet 24. 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. 2, 4, 5, 7, 8, 9, 11, 20, 21 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. 25. That prior to final building and zoning inspections, Condition Nos. 15, 16, 17 and 23, above- mentioned, shall be complied with. 26. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation bf the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 18, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. ATTEST: CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2004- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on October 18, 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. 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PC2004-' A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04909 BE GRANTED (2100 SOUTH RASTER STREET -PONDEROSA PARK) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: LOT 16 OF "ORANGEWOOD TRACT", IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7, PAGE 42 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDED OF SAID OF RECORDI OFSURVEY3 N THE OFFICE OF THOERCOU ORDRECORDER OF SAID COUNTY. WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 18, 2004, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Sections 18.14.030.040.0402 and 18.38.060. 2. That the proposed telecommunications facility disguised as a park light pole for the baseball field would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the facility is designed to blend in within the context of the park site. 3. That the size and shape of the site is adequate to allow full development of the proposal in a manner not detrimental to the particular area nor tp the health and safety o ertieslecommunication facility disguised as a light pole which minimizes visibility from the surrounding p p 4. That because this is an unmanned facility with infrequent maintenance, the traffic generated by the proposed use will not, under the conditions imposed, impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 6. That granting this conditional use permit will not, under the conditions imposed, be detrimental to the health and safety of the citizens of the City of Anaheim and that the use will contribute to an essential and effective wireless communications network system. 6. That "' indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal to permit a cellular telecommunication facility disguised as a park light pole for a baseball field with accessory ground-mounted equipment; 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. 1 PC2004- Cr\PC2004-0 hereby grant subject PetitionR oFOonditional UseSPermED pon the following Condit o9 s which are he"ri=.liy found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health and safety of the Citizens of the City of Anaheim: 1. That this permit shall expire five (5) years from the date of this resolution, on October 18, 2009. 2. That the telecommunications facility shall be limited to 60 feet in height for the pole, and 45 feet for the 3 sectors consisting of 1 antenna panel (that are stacked) per sector, wlkh a maximum height of 4 feet and painted to match the light pole and accessory ground-mounted equipment. Said information shall be specifically shown on plans submitted for building permits. No additional antennas or equipment cabinets shall be permitted without the approval of the Planning Commission. 3. That the portion of the property being leased to the telecommunication provider shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. 4. That no signage, flags, banners, or any other form of advertising shall be attached to the antennas, the transmission tower structure or the accessory equipment building. 5. That the cable connecting the equipment shall be underground and shall not be visible to the public. Said ground-mounted equipment shall match in color the adjacent block wall and shall be specifically shown on plans submitted for buildfng permits. 6. That all equipment, including supply cabinets and power meter shall be screened from public view as required by the Parks Department and Planning Department. The developer shall obtain aRight-of-Way Construction Permit from the Public Works Department for any work within the public right of way, including but not limited to installation of conduit, cable and electrical service lines. 7. That all final plans for this telecommunication facility including the antennas and ground-mounted equipment enclosure shall be reviewed and approved by the Community Services Department. 8. That the operator shall ensure that its installation and choice of frequencies will not interfere with the 800 MHz radio frequencies required by the City of Anaheim to provide adequate spectrum capacity for Public Safety and related purposes. 9. That before activating its facility, the operator shall submit to a pest-installation test to confirm that the facility does not interfere with the City of Anaheim's Public Safety radio equipment. This test shall be conducted by the Communications Division of the Orange County Sheriffs Department or a Division- approved contractor at the expense of Operator. 10. That the applicant shall resolve all interference complaints within 24 hours. 11. That the operator shall provide a "single point of contact" in its Engineering and Maintenance Departments to ensure continuity on all interference issues. The name, telephone number, fax number and a-mail address of that person shall be provided to the Planning Services Division. 12. That the operator shall ensure that any of its contractors, sub-contractors or agents, or any other user of the facility, shall comply with the terms and conditions of this permit. 13. That the subject property shall be developed substantially in accordance with the 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 4, and as conditioned herein. -2" PC2004- 14. 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. 2, 5, 6, and 7above-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. 15. That prior to final building and zoning inspections, Condition No. 9 and 13 above-mentioned, shall be complied with. 16. That approval of this application constitutes approval of the proposed request orily to the extent that it complies with the Anaheim Municipal Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the fi aal char es r prior to the issuance of building permits for this project, whichever occurs first. Failure to pay g shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 18, 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. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on October 18, 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 PLANNING COMMISSION _3_ PC2004-