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PC 2006/02/06na i I n i issi n n a M®nday, February 6, 2006 Council Chamber, City Hall 200 South Anaheim Boulevard, Anaheim, California ® Chairman: Gail Eastman ® Chairman Pro-Tempore: Cecilia Flores e Commissioners: Kelly 13uffa, Joseph Karaki, Ed Perez, Panky Romero, Pat Velasquez ® Call To Order Preliminary Plan Review 1:00 P.M. • Staff update to Commission on various City developments and issues (As requested by Planning Commission) • Preliminary Plan Review for items on the February 6, 2006 agenda Recess To Afternoon Public Hearing Session ® Reconvene To Public Hearing 2:30 P.BA. the secrefaN. __ --~ ~'+ 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: planninacommission(a~anaheim:net H:\docs\clerical\agendas\020606.doc (02/06/06) Page 1 Anaheim Planning Commission Agenda - 2:30 P.M. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim Planning Commission or public comments on agenda items with the exception of public hearing items. Consent Calendar: The items on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Planning Commission, staff or the public request the item to be discussed and/or removed from the Consent Calendar for separate action. Resorts and Recommendations 1A. (a) CEQA Mitigated Negative Dec (b) Conditional Use Permit No. 2C Agent: Front Porch -Walnut Manor, 303 West Glen Oaks Boulevard, Suite 1000, Burbank, CA 91502, Attn: Wendy Cohen Location: 891 South Walnut Street: Property is approximately 7.7 acres located at the northwest corner of Ball Road and Walnut Street with frontages of 644 feet on the north side of Ball Road and 600 feet on the west side of Walnut Street (Walnut Manor Retirement Community). Request a retroactive time extension for a previously approved 1 to 3- story, 151-unit senior apartment retirement community including independent living, assisted living., memory impairment and various recreational facilities for senior citizens (Walnut Village) and retain an existing 99-bed skilled nursing facility and chapel with waivers. Project Planner: (dherrickQanaheim.nel) J ._ ... Mt e 1 B. Receiving and approving the Minutes from the Planning Commission Request for Meeting of December 12, 2005. (Motion) continuance to February 22, 2006 Continued from the January 9, 2006, Planning Commission meeting. 1 C. Receiving and approving the Minutes from the Planning Commission Request for Meeting of January 9, 2006 (Motion) continuance to February 22, 2006 1 D. Receiving and approving the Minutes from the Planning Commission Request for Meeting of January 23, 2006 (Motion) continuance to February 22, 2006 H:ldocs\cl erica)\agen das\020606. d oc (02/06/06) Page 2 Public Hearing Items: 2a. CEQA NEGATIVE DECLARATION Request for 2b. VARIANCE NO. 2005-04675 continuance to February 22, 2006 Owner: The Shops at Stadium Towers, Therese Hotvedt, 1100 Newport Center Drive, Suite 150, Newport Beach, CA 92660 Agent: Peter Louis/John Hill, 3195-B Airport Loop Drive, Costa Mesa, CA 92626 Location: 2410 •2420 East Katella Avenue: Property is approximately 2.4 acres, having a frontage of 600 feet on the south side of Katella Avenue and is located 37 feet east of the centerline of Howell Avenue (Stadium Towers Plaza). Request waivers of (a) minimum number of parking spaces, (b) permitted number of tenants on a monument sign, (c) maximum number of monument signs, (d) maximum height of monument sign, (e) permitted number of wall signs, (f) permitted location of wall signs, and (g) maximum height of letters/logos on wall signs to waive minimum number of parking spaces and permitted signs for apreviously-approved commercial center. Project Planner: (a vazoue z(a7an aheim. net) Continued from the January 23, 2006, Planning Commission meeting q S 117 Variance Resolution No. 3a. CEQA CATEGORICAL EXEMPTION -CLASS 1 AND 15 Request for 3b. TENTATIVE TRACT MAP NO. 16958 Withdrawal -_-w_,,,' Owner: Anaheim Hotel Partnership, LCP, 777 Convention Way, Suite 110, Anaheim, CA 92802 Agent: Kelly Carlyle, Psomas, 3187 Red Hill, Suite 250, Costa Mesa, CA 92626 Location: 777 Convention Way: Property is approximately 8.5 acres, located at the nprthwest corner of Hotel Way and Convention Way (Anaheim Hilton). Request to establish a 1-lot., airspace hotel subdivision for investment purposes. Project Planner. Continued from the December 12, 2005, January 9, and 23, 2006, (skim(alanaheim.nett Planning Commission meetings. H:\docslclerical\agendas1020606.doc (02/06/06) Page 3 4a. CEQA MITIGATED NEGATIVE DECLARATION 4b. VARIANCE NO. 2005-04655 4c. TENTATIVE PARCEL MAP NO. 2005-157 Owner: Gary Calkins Trust, 6263 East Trail Drive, Anaheim, CA 92807 Agent: Steve Ellis, 4742 Yorba Lane, Yorba Linda, CA 92886 Location: 6263 East Trail Drive: Property is approximately 3.2 acres having a frontage of 47 feet at the terminus of Trail Drive and is located 145 feet west of the centerline of Whitestone Drive. Variance No. 2005-04655 -Request waivers of (a) maximum structural height, (b) maximum retaining wall height and (c) lot frontage on a public or private street to construct asingle-family residence. Tentative Parcel Map No. 2005-157 - To establish a 2-lot, 2-unit detached single-family residential subdivision. Continued from the January 9, and January 23, 2006, Planning Commission meetings. Variance Resolution No. 5a. CEQA NEGATIVE DECLARATION 5b. VARIANCE NO. 2005-04677 Owner: Anaheim Hotel LLC., 600 East Riverpark Lane, Suite 205, '° Boise, Idaho, 83706 Agent: Bob Suits, Northwest Hospitality-Group, 600 €ast Riverpark Lane, Suite 205, Boise, Idaho, 83706 Location: 1855 South Harbor Boulevard: Property is approximately 10.4 acres located at the northwest corner of Harbor Boulevard and Convention Way (Sheraton Hotel). Request waivers of (a) minimum number of parking spaces, (b) maximum number of monument signs per street frontage, (c) maximum number of wall signs and (d) maximum letter height for wall signage to construct a 8,000 square foot restaurant. Variance Resolution No. H:\docs\clerical\age n d as\020606. d oc Request for continuance to February 22, 2006 Project Planner: (avazouez ot7anaheim.nefl Project P/anneri (dherrick(alanaheim. neU (02/06/06) Page 4 6a. 6b. 6c. 2005-00024 Owner: Pietro T. Trozzi, 9471 Gateshead Drive, Huntington Beach, CA 92646 Agent: Rick Solberg, Solberg & Associates, 201 East Center Street, Anaheim, CA 92805 Location: 3242 West Lincoln Avenue: Property is approximately 1.5 acres, located east and south of the southeast corner of Westchester Drive and Lincoln Avenue, .having frontages of 136 feet on the south side of Lincoln Avenue and 187 feet on the east side of Westchester Drive (Maria's Pizzeria and Billiards). Conditional Use Permit No. 2005-05060 -Request to permit a restaurant and billiard facility with the on-premises sale and consumption of beer and wine with waiver of minimum number of required parking spaces. Determination of Public Convenience and Necessity No. 2005-00024 - Request to permit sales of beer and wine #or on-premises consumption within a restaurant and billiard facility. Conditional Use Permit Resolution No. Public Convenience or Necessity Resolution No. Project Planner: (kwong2Ce~anaheim. net) Adjourn To Wednesday, February 22, 2006, at 1:00 P.M. for Preliminary Plan Review. H:\docs\cl erica)\ag e n d as\020606. d oc (oz(osio6) Page 5 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 4:00 p.m. February 2, 2006 (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: ~~~Gt~l-C'Lt=-l' It you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or In a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION ACTION Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits and Variances will be final 22 days after Planning Commission action and any action regarding Tentative Tract and Parcel Maps will be final 10 days after Planning Commission action unless a timely .appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. ANAHEIM PLANNING COMMISSION Ijn 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 Tele hone S stem at 714-765-5139. H:\dots\clerical\agendas\020606.doc (02/06/06) Page 6 SCHEDULE 2006 February 22 (Wed) March 6 March 20 April 3 April 17 May 1 May 15 May 31 (Wed) June 12 June 26 July 10 July 24 August 7 August 21 September 6 (Wed) September 18 October 2 October 16 October 30 November 13 November 27 December 11 December 27 (Wed) H:\dots\clerical\agendas\020606.doc (02/06106) Page 7 ITEM NO. 1-A I I ) ) RS-2 I i ~ I cur vva P C 1 DU EACH U 77 VAR 403@ CHURCH ADJ 001 020 BEACON AVE T JP 2004-04921 CUP 3164 CUP 947 CUP 62 CHURCH 1DU RM-0 RCL @s-@6-15 CUP 3135 CUP 2@57 CUP 2727 CUP 1@61 CUP 272fi CUP 200 SENIOR CITIZEN APARTMENTS 123 DU RM-4 RCL 85-66-16 T-CUP 2005-05061 CUP 2004-04917 CUP 3135 CUP 2727 CUP 200 WALNUT MANOR RETIF COMMUNITY - 644 ' BALL ROAD RS-2 T """2 U EACH 1 pU 1 DU EACH RS-2 1 DU EACH Conditional Use Permit No. 2004-04917 TRACKING NO. CUP2005-05061 W W 0_ F- N W S Q Requested By: FRONT PORCH -WALNUT MANOR Subject Property Date: February 6, 2006 Scale: 1" = 200' Q.S. No. 64 REQUEST FOR A RETROACTIVE TIME EXTENSION FOR A PREVIOUSLY APPROVED 1 TO 3-STORY, 151-UNIT SENIOR APARTMENT RETIREMENT COMMUNITY INCLUDING INDEPENDENT LIVING, ASSISTED LIVING, MEMORY IMPAIRMENT AND VARIOUS RECREATIONAL FACILITIES FOR SENIOR CITIZENS (WALNUT VILLAGE) AND RETAIN AN EXISTING 99-BED SKILLED NURSING FACILITY AND CHAPEL WITH WAIVERS. 2 U Q w ,O ~ I RS 2 1 DU EPGH RS- 10~ EACH VE w HAMPSHIRE P ~ ~ BEO&gREPKFPST VP 7g6 BEACON PVE ' T vERMO! pVE F W - RS-2 J 1 DU EACH ai 9.®®®®®.®®®®,®®®®e ~ The Anaheim Resort 0 sP 82.2 RCL 666781 (6) 8 CUP A062 CUP 2610 CUP 926 VAR 916 S SHELL Ss' CH ~~.. __. ~ SP 92-2 RCL 66-67-61 (26) 0 HOLIDAY STATION ~ POST OFFICE SP92-1 891 South Walnut Street -Walnut Manor Retirement Community 2171 .. ._ -_n~. • 3 a „,~. ~~= City of Anaheim hLANNING DEPARTII/IE1~IT =ebruary 6,2006 JVendy Cohen 303 West Glen Oaks Blvd., Suite 1000 3urbank, CA 91502 Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of Fehruary 6, 2006. 1. REPORTS AND RECOMMENDATIONS: A. (a) (b) Agent: Front Porch -Walnut Manor, 303 West Glen Oaks Boulevard, Suite 1000, Burbank, CA 91502, Attn: Wendy Cohen wmvi.anaheim.n~l Request a retroactive time extension for a previously approved 1 to 3-story, 151-unit senior apartment retirement community including independent living, assisted living, memory impairment and various recreational facilities for senior citizens (Walnut Village) and retain an existing 99-bed skilled nursing facility and chapel with waivers. ACTION: Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission does hereby determine that the previously-approved Mitigated Negative Declaration is adequate to serve as the required environmental documentation for subject request. Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim'Planning Commission does hereby approve.the request for a one (1) year retroactive extension of time to expire om NovemberT;'2006, based on the finding (i) that this is the first request for an extension of time and this request would not extend the entitlement beyond the two extensions authorized by the Code; and that the property has been properly maintained, (ii) that there have been no changes to the Anaheim General Plan and Zoning Code that would affect this project. No additional information or changed circumstances are present which would contradict the facts used to support the required findings for approval of this Conditional Use Permit, and (iii) that the property is being maintained in a safe, clean and aesthetically pleasing condition with no unremediated code violations on the property, as confirmed by an inspection of the subject property by the Community Preservation Division. Sincerely, Eleanor Morris, Senior Secretary Anaheim Planning Commission CUP2004-04917_ExcerpLdoc 200 South Anaheim Boulevard P.O. Box 3222 Anaheim, Calilornia 92803 TEL (714) 765-5139 Attachment - R&R 1-A MEMORANDUM CITY OF ANAHEIM ', Community Preservation Division DATE: December 30, 2005 TO: Della Herrick, Associate Planner FROM: Chris Martel, Community Preservation Officer SUBJECT: Retroactive time extension CUP2004-04917 Tracking Case No. CUP2005-05061 On December 30, 2005, I conducted an inspection at the property located at 891 S.Walnut St. to request a retroactive time extension for a previously approved senior citizen apartment retirement community (Walnut Village). The property is being maintained extremely well and recently underwent extensive landscaping improvements at the south and east entrances. A check of Community Preservation records revealed there were no prior violations regarding the above listed property. If you have any further questions please feel free to contact me at ext 4476 Attachment - R8R 1-A RESOLUTION NO. PC2004-131 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04917 BE GRANTED, IN PART (891 SOUTH WALNUT STREET) 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: PARCEL A: PARCEL 1 FO PARCEL MAP NO. 87-237, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER FILED IN BOOK 225, PAGES 34 AND 35 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 1, 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 Section Nos. 18.06.160.030.0402 and 18.50 to construct a 151-unit senior citizen's apartmentretirementcommunjty including independent living, assisted living, memory impairment and various recreational facilities for seniorcitizens (Walnut Village) and to retain an existing 99-bed skilled. nursing facility and chapel with waiverof the following:. (a) SECTION NO. 18.06.080.010 - Maximum lot coverage (DELETED).. (b) SECTION NO. 18.06.090.0101- Minimum structural and landscaoed _- setback adjacent to Ball Road and Walnut __ . - -' Street. (20-fnot widefully setback -- lantlscaped required; 15 to 20 feet proposed for Ball Road and 5 to 10 feet proposed for Walnut Street) (c) SECTION NO. 18.06.090.040 - Minimum landscaped setback adjacent to a single-family residential zone 10-foot fully landscaped setback required;. 7.5 foot proposed) (d) SECTION NOS. 18.42.030.0201 AND Minimum number of parking 18.42.40.10 soaves (419 required; 242 proposed) (e) SECTION NO. 18.44.070 - (f) SECTION NO. 18.46.110.030 - (Maximum number of freestanding signs) (DELETED) Maximum fence height adjacent to Ball Road and Walnut Street Cr\PC2004-131 ' -1- PC2004-131 3-foot high fence permitted within required front yard setback; 6-foot high wrought iron fence proposed (g) SECTION NO. 1:8.50.040 - Maximum structural heiohh (25 to 42.5 foot high building permitted with a setback of 50 to 85 feet from single-family residential zone required; 34 to 50-foot high building with a setback of 50 to 85 feet from a single-family residential zone proposed). (h) SECTION NO. 18.50.040.040.0401 Minimum floor area oer dwellino unit (400 square feet required per bachelor unit; 335 square feet proposed for 2 guest units) 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 as staff believes the proposed project is compatible with existing and surrounding land uses and that the deviations from Code would achieve a good project design [o enhance [he livability for residents within the project, and create a project that is compatible. and consistent with surrounding land uses. The proposed use would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed .and because the size and shape of the site for the proposed use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area. 3. That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a .manner not detrimental to the particular area or to the health and safety. 4. That as demonstrated by the parking study submitted by the applicant, that the traffic generated by the proposed use will not impose an undue burden upon the sVeets and highways designed and improved to carry the traffic in the area as the proposed project would contain 68 more parking spaces than currently exists on [he property and the number of units have been increased by only 18 units. 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 no one indicated their presence at said public hearing in opposition; and that no ~' '" ` correspondence was received in opposition to the subject petition, One person was present in"support of the proposal, but expressed concerns related to parking. CALIFORNIA ENVIRONMENTAL QUALITY AGT FINDING: That the Planning Commission has reviewed the proposal to establish a 151-unit (advertised as 156-unit) senior citizen's apartment retirement community including independent living, assisted living, memory impairment and various recreational facilities for senior citizens (Walnut Village) and retaining an existing 99-bed skilled .nursing facility and chapel, mitigation measures have been identified in the Negative Declaration and Mitigation Monitoring Plan No.125 for the project.:. Therefore, staff recommends that a Mitigated Negative Declaration be approved upon a finding by the Commission that the declaration reflects the independent judgment of the lead agency; and that it has considered the proposed Mitigated Negative Declaration together with any comments received during the public review process and further finding on the basis of the Initial Study thak there is no substantial evidence, with the imposition of mitigation measures, that the project will have a significant effect on the environment. Commission may wish to note that the mitigation measures identified and incorporated into this Negative Declaration are subject to the monitoring/reporting program as set forth by Section 21081.6 of the Public Resources Code. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant, in part, 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: -2- PC2004-131 1. That the developer shall be responsible for compliance with all mitigation measures within the assigned time frames and any direct costs associated with the attached Mitigation Monitoring Program No. 125 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. 2. That final landscape and irrigation plans shall be submitted to the Planning Services Division for review and approval. Said plans shall show minimum 24-inch box size evergreen trees on maximum 20'foo[ centers along the north property line. Any decision made by the Planning Services Division regarding said plan may be appealed to the Planning Commission as a Reports and Recommendations item. All trees shall be properly and professionally maintained to ensure mature, healthy growth. 3. That an Encroachment License for the 6-foot high wrought iron fence along Walhu[ Street shall be obtained from the Public Works Department. 4. That final building elevation plans, a colors and materials board, and street presentation plans, showing building articulation and architectural embellishments for all elevations, shall be submitted to the Planning Services Division for review and approval. Any decision made by the Planning Services Division regarding said plan may be appealed to the Planning Commission as a Reports and Recommendations item. 5. That a final detailed signage program (revising Exhibit No. 29) indicating sign types and location shall be submitted to the Planning Service Division for review and approval. Freestanding signs visible to the public right-of-way shall be limited to one (1) 20 square foot identification sign per frontage. Any decision made by the Planning Services Division regarding said sign program may be appealed to the Planning Commission as a Reports and Recommendations item. 6. That all air-conditioning facilities and other ground-mounted equipment shall be properly shielded from view and the sound buffered from adjacent residentiaF properties. Such information shall be specifically shown on the plans submitted for building permits. 7. That a minimum 6-foot high block wall shall be installed along the north property line abutting the single-family residential zone boundary. Said block wall shall be planted with clinging vines on the south side in order to reduce graffiti opportunities: Said information shall be specifically shown on plans submitted for building permits. 8. That all plumbing or other similar pipes and fixtures located on the exterior of the buildings shall be fully screened by architectural devices and/or appropriate building materials. Said information shall be __ - _.,, - specifically shown on the plans submitted for building permits: _, __„ . , 9. 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... 10. That property owner shall submit a letter requesting termination of Conditional Use Permit Nos. 3135 (to permit a child day care center), 1861 (to expand a retirement home) and 200 (to permifa home for the aged) to the Planning Services Division. 11. That any tree planted on-site shall be replaced irr a timely mannerin the event that it is removed, damaged, diseased and/or dead. 12. That the locations for future above-ground utility devices including, but no[ 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. 13. That any required relocation of City electrical facilities shall be at the developer's expense including the existing electrical power poles located along the north property line. That landscape and/or hardscape -3- PC2004-131 screening of all pad-mounted equipment shall be required and shall be shown on plans submitted for building permits. 14. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses 15. That plans shall be submitted to the City Traffc and Transportation Manager for his review and approval showing conformance with the current version of Engineering Standard Rlan Nos. 436 and 470 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 16. 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: 115. Said information shall be specifically shown on plans submitted for building permits. 17. 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. The turn-around area shall be provided through each construction phase of the project: Said turn-around area shall be specifically shown on plans submitted for building permits. 18. 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 information shall be specifically shown on plans submitted for building permits. 1g: 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 20. That a comprehensive solid waste management program shall be submitted tothe Public Works Department, Streets and Sanitation Division. 21. That the developer shall submit street improvement plans to the Public Works Department, Development Services Division to improve Walnut Street (Secondary with a bike lane and a 45-foot Yz width) in conformance with Public Works Standard Detail 160-A. Walnut Street shall be widened 15 feet per Standard .Detail 160-A (existing 20-feet between. centerline and curb, 35-feet required): A 5-foot wide parkway landscaping strip and 5-foot wide sidewalk shall be constructed with the parkway irrigation connected to the on-site irrigation system and maintained by the property owner. No additional right-of- way dedication is required. A bond shall be posted in an amount approved by the City Engineer and a -- form. approved by the City Attorney prior to issuance of a building permit.: A Right-of-Way Construction Permit shall be obtained from the Development Services Division for all work perfortned.in_the right-of- way. The improvements shall be consWcted prior to the'dertificate of occupancy. 22. That the existing public utilities easement shall be abandoned. An abandonment application, copy of recorded easement, Grand .Deed or Title Report, and sketch of the area to be abandoned shall be submitted to the Real Property Section of the Public-Works Department. 23. That prior to grading plan approval, the applicant shall demonstrate that coverage has been obtained under California's General Permit for Stormwater Discharges Associated with Construction Activity by providing a copy of the Nofice 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 (WDI) Number. The applicant shall prepare and implement a Stortnwater Pollution Prevention Plan (SWPPP). A copy of the current SWPPP shall be kept at the project site and be available for City review on request. 24. That prior to grading plan approval, the applicant shall submit a Drainage Study prepared by a registered professional Civil Engineer in the State of California. The Study shall be based upon and reference the latest edition of the Orange County Hydrology Manual the applicable City of Anaheim :Master Plan of Drainage for the project area. All drainage sub-area boundaries per the Master Plan for Drainage shall be maintained. The Study shall include: an analysis of 10-, 25-and 100-year store frequencies; an analysis of all drainage impacts to the existing storm drain system based upon the ultimate project build-out condition; and address whether off-site and/ or on-site drainage improvements (such as detention/ retention basins or surface runoff reduction) will be required to,prevent downstream properties from becoming flooded. -'f- PC2004-131 25. That the City of Anaheim Sewer Impact Mitigation fee for the Old Town/Basin 6 Area shal6 be paid. The mitigation fee is currently $1,706/unit for multi-family developments. 26. That prior to the issuance of grading permit, the applicant shall submit to the Public Works Department Development Services Division for review and approval a Water Quality Management Plan that: • Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. - • Incorporates the applicable Rdutine Source Control BMPs as defined ih the Drainage Area Management Plan. • Incorporates Treatment Control BMPS as'defined in the DAMP. • Descdbes the long-term operation and maintenance requirements for the Treatment Control BMPs. • Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMPs, and • Describes tite mechanism for furiding the long-term operation and'maintehence 'of the Treatment Control BMPs 27. That prior to issuance of certificate of occupancy, the applicant shall: • Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications, • Dembnstrate that the applicant is prepared ffi'implemenf all non-structural BMPs described in the Project WQMP;. • bemonstrate that an adequate number of copies of the approved Project WQMP are available onsite, ..and' • Submit for review and .approval by the City an Operation and.Maintenance Plan for all structural BMPs 28. That the developer shall submit landscape and irrigation plans for tFie public parkway along Walnut Street. The plans shall be included in the street improvement plans and shall be approved by the Planning and Public Wdrks Departments: 29. That the legal property owner shall irrevocably offer to dedicate an easement to the City of Anaheim for a corner cutoff at the Walhut Street and Ball Road intersection. _,w, _ 30. That any existing driveway approaches on Bal(Rbad or Walnut Street` hat are being closed shall-be replaced with curb, gutter, parkway landscaping. and sidewalk.. All proposed new driveways on Ball Road and Walnut Street shall conform with Publi6 Works Standard Detail No. 115-A. Said information shall be specifically shown on plans submitted for building permits: 31. That the City of Anaheim Drainage Impact and Improvement Fee for the South Central Area shall be paid. The fee is curzently $16,312 per acre. 32. That the ezisting buildings (except the Chapel and 99 Bed Skilled Nursing Facility) dh the property shall be demclished. The legal property owner shall obtain a demolition permit from the Building Division. 33: That all backflow equipment shall be located above ground outside of the streetsetback area iri a manner fully screened from all public streets. Any backfldw assemblies currently installed in abault shall comply with current standards. Any other large water system equipment shall be installed to the. satisfaction of the Water Engineering Division outside of the streetsetback areas ih a manner fully screened from all public streets and alleys. Said information shall be shown on plans and approved by Water Engineering and Cross Connection Control Inspector before submittal for building permits. 34. That since this project has a common landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed and shall comply with City Ordinance No. 5349 and Chapter 10.19 of the Anaheim Municipal Code: Said infbrtnation shallbe shown on plans submitted for building permits. -5- PC2004-131 35. 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 orabandoned if the existing service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 36. That water improvement plans shall be submitted to the Water Engineering Division for approval and a performance bond in the amount approved by the City Engineer and City Attorney shall be posted with the Ciry of Anaheim. 37. That prior to application for water meters, fire line or submitting the water improvement plans for approval, the developer/owner shall submit to the Public Utilities Water Engineering Division an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands... 38. That address number shall be position so as to be readily readable from the street. Minimum number height of 12 inches recommended.. Numbers should be illuminated during hours of darkness. Said information shall be specifically shown on plans submitted for building permits. 39. That 4 foot high rooftop numbers shall be placed on the roof in a contrasting color to the roofing material and shall not be visible from adjacent public streets. Said information shall be specifically shown on plans submitted for building permits. 40. That adequate lighting of parking lots, shipping and receiving areas, circulation areas, aisles, passageways, recesses, and grounds contiguous to buildings shall tie provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible thepresence of any person on or'about the premises during the hours of darkness and provide a safe; secure environment for all persons, property and vehicles on-site. Said information shall be specifically shown on plans ` submitted for buildingpermits. 41. That the two guest units shall not be used as primary residences. 42. Thafthe ancillary support services for the residents shall only be used for residence, their guest and persons employed at this facility. 43. Thafsubject 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 30 as conditioned herein. a _ 44. That prior to issuance of a grading plan; Conditions Nos. 23; 24, 26 and 45, above-mentioned; shall be complied with: 45. That prior to occupancy of the facility Condition Ncs. 21 and 27, above-mentioned, shall be complied with. 46. That prior to issuance of a :building permit, or within a period of one (1) year from the date of this resolutidn, whichever occurs first; Condition Nos. 2, $, 4, 5, 6; 7, 8, 9, 10, 15, 16; 17, 18, 19, 20, 21, 22, 23; 24, 25, 26; 28, 29, 30; 31, 32, 33, 34; 35, 36, 37; 38, 39 and 40, above-mentioned; shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Sectioh 18.03.090 bf the Anaheim Municipal Code. 47. That prior to filial building and zoning inspections, Cbnditibn Nos. 27 and 43, above-mentioned, shall be complied with 48. That approval of this application constituteSapproval 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 requesf regarding any other applicable ordinance, regulation or Yequirement. -6- PC2004-131 BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared "" invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of` November 1, 2004. Said resolution is subject to the appeal provisions se[ 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. (ORIGINAL SIGNED BY GAIL EASTMAN) CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: (ORIGINAL SIGNED BY PAT CHANDLER) SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Pat Chandler, 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 November 1, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS. NOES: COMMISSIONERS. ABSENT: COMMISSIONERS. ABSTAIN: COMMISSIONERS. IN WITNESS WI ,2004. BUFFA, EASTMAN, ROMERO, VANDERBILT-LINARES, VELAZOUEZ NONE FLORES O'CONNELL tEREOF, 1 have hereunto set my hand this day of (ORIGINAL SIGNED BY PAT CHANDLER) .. - SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -7- PC2004-131 i Z / ~' w .~ ¢ I 3 RCL 99-00-16 .2 RCL 9~-00-15 w (Res. of Int. to SE) 0J (Res. of Inl. to SE) > RCL 70-7t-2B RCL 70.71-29 ~ RCL 70-71-27 RCL 70.71-2] ~ I STADIUM PLAZA ¢ BUSINESS PARK y SMALL INO. FIRMS SMALL INp. FIRMS I RCL 99-00-i 6 (Res. o/Inl.lo SE) RCL fib-B7-ib RCL 59410.23 T-CUP 2 0 0 2-04 5 78 T-CUP 2801-04446 CUP 2881-04441 CUP 1424 CUP 1381 VAR 3791 V-1779 5 AUTO REPAIR 8 RENTAL INp. FIRMS PJ~NVE ~~~~VP h I 3 it Variance No. 2005-04675 Subject Property Date: February 6, 2006 Scale: Graphic Requested By: THE SHOPS AT STADIUM TOWERS Q.S. No. 117 REQUEST WAIVERS OF: A)) MINIMUM NUMBER OF PARKING SPACES 8) PERMITTED NUMBER OF TENANTS ON A MONUMENT SIGN C MAXIMUM NUMBER OF MONUMENT SIGNS D 'MAXIMUM HEIGHT OF MONUMENT SIGN E PERMITTED NUMBER OF WALL SIGNS F PERMITTED LOCATION OF WALL SIGNS G) MAXIMUM HEIGHT OF LETTERS/LOGOS ON WALL SIGNS TO WAIVE MINIMUM NUMBER OF PARKING SPACES AND PERMITTED SIGNS. 2410-2420 East Katella Avenue -Stadium Towers Plaza 2135 SINCLAtR 5T ~~~ 0.H RCL 200400127 RCL 99-00-15 (Res, of Inl. to SE) RCL 83-B4-19 RCL 70-7t-2B RCL 70-71-27 VAR 3390 ALL PROPERTIES ARE IN THE PTMU (PLATINUM TRIANGLE MIXED USE OVERLAY) ZONE Staff Report to the Planning Commission February 6, 2006 Item No. 2 2a. CEQA NEGATIVE DECLARATION (Motipn for continuance) 2b. VARIANCE NO. 2005-04675 SITE LOCATION AND DESCRIPTION: (1) This irregularly-shaped, 2.4-acre property has a frontage of 600 feet on the south side of Katella Avenue, a maximum depth of 480 feet and is located 37 feet east of the centerline of Howell Avenue (2410-2420 East Katella Avenue -Stadium Towers Plaza): REQUEST: (2) The applicant requests approval of the following: Variance No. 2005-04675 -Request waivers of (a) minimum number of parking spaces, (b) permitted number of tenants on a monument sign, (c) maximum number of monument signs, (d) maximum height of monument sign, (e) permitted number of wall signs, (f) permitted location of wall signs, and (g) maximum height of letters/logos on wall signs to waive minimum number of parking spaces and permitted signs for apreviously-approved commercial center.. BACKGROUND: (3) This property is currently developed with an office building and a freestanding restaurant and is zoned C-G (General Commercial). The Land Use Element Map of the Anaheim General Plan designates this property for Mixed Use land uses. Surroundirig properties to the east, west and south are also designated for Mixed Use land uses, and to the. north (across Katella Avenue) for Office High land uses. (4) This item was continued from the January 23, 2006, Planning Commission meeting. The. applicant, John Hill, has submitted the attached letter dated, January 25, 2006, requesting a further continuance to the February 22, 2006, Commission meeting in order to complete ,, revisions to the parking study to allow for outdoor dining. RECOMMENDATION: - - (5) That the Commission, by motion, continue this item to the February 22, 2006, Planning Commission meet(ng. S R-VAR2005-04675(co n't-2-6-06 )akv Page 1 Attachment -Item No. 2 1 /25/2006 Amy, i Following up on our conversation earlier today, and after my discussions with Bryon Ward, we respectfully request a continuance for our Variance to be scheduled for the following Planning Commission Hearing, presumably February 20th. In this time, we intend to clarify and adjust some of our findings to address our Pa[io Seating. We proposed this continuance under the condition that a continuance of this Variance will not delay the release of our pending Building Permit, which is poised for release this week. If you have any questions or comments, please feel free to call me on my cell at 949-283-7937. Thank you for your assistance. Sincerely, John Hill Principal r~a robinson hill architecture, inc. A California Corporation 3195 B Airport Loop Drive Costa Mesa, CA 92626 www. rhainc. net E-mail: hill@rhainc.net Telephone: 714. 825. 8888 Facsimile: 714. 825. 8889 e ITEM NO. 3 KATELLA AVENUE ~ ~ Y I I % I \ SP 93.3 Y R X] fli Y' I I 11.. I LL OGER flCL fi4fiiL1109 INN REST. CLIP ]59 I j ~ G~95 GI5 j I SP 93-2 I 1 I I ftCL 66-fit-fit 1611 CUP ]59 ' VAR 12]9 ~ I ~ I JOLLINN GER ANAHEIM CONVENTION ~ CENTER / I PORTOFINO INN ¢DNVE ENTER i I ~ N FlI HOTEL P I K NG , / 1 1 i / jJ 1 ~ h i ~ I, SP 92-2 ~ RCL]S]0.34 ANAHEIM CONVENTION I CENTER j SP 92-2 RCL fi6~b7-fii (44) / ~ CUP 39fi5 - ~ CUP 2136 VAR 3691 TiM e95 } VAR 2965 S p a VAR 2962 cua uee Q COAST ANAHEIM Q / LUP 1t36 a ~ HOTEL J1E1 NTION I At18 TOWER50N 1° W E NTER _J J W p ~ , O ~ ~ = OVERLAND STAGE HEST m ~ / I ; ~ O % t_ / m ~ `` ~ / %~ I j 666'~~1 CONVENTION WAY SP 02-2 , PR (PV60C RECREATION] ~ / 566] 1 flCL 666}61 R2) CUP 1101 RCL 00.61-dD / RCL 6 122) VAR 16605 LCUP 2001-04445 VAR ]]615 CUP 2001-W 329' FSP BSOI / CUP 4065 LUP 21/5 CLPAION HOTEL / CUP 1BJ4 ~ / LUP 665 / VAR 2 0 03-09 551 VAR 2005-04656 RCLb6{]-fii (!6) VAR 20pJ-01551 / ]LUP 2002-04fi39) ((CUP 6061 ryAR 11]11 _.. VACANT _ ~ ANAHEIM MAflPoOTT - SP 92-2 RCL 66b]-61(]7) ~ HOTEL CUP J566 ._____-__ ~ DAYS VAR fi07 INN ALL PRO VACANT PERTIES ARE IN THE ANAHIE M RE SO RT Tentative Tract Map No. 16958 Subject Property Date: February 6, 2006 Scale: Graphic Requested By: ANAHEIM HOTEL PARTNERSHIP, LCP O.S. No. 77 REQUEST TO ESTABLISH A 1-LOT, AIRSPACE HOTEL SUBDIVISION FOR INVESTMENT PURPOSES. 777 Convention Way 2080 ................................ ............... Staff Report to the. Planning Commission February 6, 2006 Item No. 3 3a. CEOA CATEGORICAL EXEMPTION -CLASS 1 AND 15 (Motion for withdrawal) 3b. TENTATIVE TRACT MAP NO. 16956 SITE LOCATION AND DESCRIPTION: (1) This approximate 8.5 acre property is located at the northwest corner of Hotel Way and Convention Way with frontages of 606 feet on the north side of Convention Way and 680 feet on the west side of Hotel Way (777 Convention Way -Anaheim Hilton). REQUEST: (2) The applicant requests to withdraw a request to establish a 1-lot, airspace hotel subdivision for investment purposes. BACKGROUND: (3) This item was continued from thebecember 12, 2005, January 9, 2006, and January 23, 2006, Commission meetings for the applicant to provide staff with further information regarding the proposed tentative map. (4) This property is currently developed with a 15 story, 1,572-room, Anaheim Hilton hotel and is zoned SP92-2 (Anaheim Resort Specific Plan). The Anaheim General Plan designates the property for Commercial Recreation land uses. (5) Based on additional information from the applicant; City staff has determined that a tract map is not the applicable method of entitlement for the proposed non-residential condominium hotel and therefore, the applicant, Anaheim Hotel Partnership LCP, requests withdrawal of this request. The applicant has separately requested consideration df a conditional use permit and a parcel map for this project to permit anon-residential condominium hotel for financing purposes at the February 22, 2006, Planning Commission meeting. RECOMMENDATION: " (6) That the Planning Commission, by motion, accept the applicant's request for withdrawal of this application. SR-SUBTTM16956 020606 wnt ~ : Page 1 In~mmaNota mrd 6nginscn'ng Salalioru Attachment -Item No. 3 January 24, 2006 Ms. Susan I;izn Associate Planner City of ,Anaheim, Plaunirtg Department ZDO South .Anaheim Blvd Anaheim, California 928D5 SUBJECT: REQUEST FOR VVITFiDRA.WAL OF TENTAT%~E TRACT 1VdAY 1695 Deaz Susan: Per the applicant's discussions and meetings v+ith the City Staff, it has been determined a Tentative Parcel Map and Conditional Use Pemut applications are needed foz the Anaheim Hilton site. Therefore, we respectfully withdraw of the above zeferenced Tentative Tract Map application. four assistance is greatly appreciated and should you have any questions, please contact me at 714-751- 7373. __ ~- - ~~" 5incerelg _ ~. Kelly C. le Project Manager c: Richard Pope, Anaheim Hilton. 3181 Red HOf Avenue SuI1e 2W Cwtr M~;3, CA 92658 a ~a 581L'DN 714.161.7313 714545ai~! Fez Www.pzo~e.com Wd60 ~ Z l 9004 'bz 'Nb'f ITEM NO. 4 O0~ P~~ P PLO ~M~~ Pp'go~~-~v , ,RS-2 DU EACH c,~ R _ ~ S; __t Z~ 1 Z t RH-2 RC172-73-51 RCL 72-73-47 101 1DU RH-2 RCL 72-73-51 RCL 72-73-47 RH-2 \ RCL 72-73-51 (17) VAR 3699 RCL 72-73-47 C Ij RH-2 I VAR 4321 RH-2 RCL 72-73-47 RH-2 RCL 72-73-51 RC172-73-07 VAR 4366 ~9S Tp , i~ O R RH-2 TPM 2005-157 TPM 97-212 BAR 2005-04655 RCL 72-73-51 RCL 72-73-47 (VAR 4330) VACANT o, T-VA ADJ RH RCL 72-7 VAR RCL 72 ~ RH-2 RCL 72-73-51 (17) VAR 3699 RCL 72-73-07 ~ ~ a ) ~ Z VAI RH-2 O % ~1DU EADH w I ~ ~ RCL 72-73-51 ~ f I . _ . RH-2 .. ~ \ ~ ~ _ ani 7~_~-u7 I ~ 3 ALL PROPERTIES ARE IN THE (SC) (SCENIC CORRIDOR OVERLAY) ZONE Variance No. 2005-04655 Tentative Parcel Map No. 2005-157 Subject Property Date: February 6, 2006 Scale: 1" = 200' :Requested By; GARY CALKINS TRUST Q.S. No. 197 REQUESTS WAIVERS OF: (A) MAXIMUM STRUCTURAL HEIGHT (B) MAXIMUM RETAINING WALL HEIGHT (C) LOT FRONTAGE ON A PUBLIC OR PRIVATE STREET TO CONSTRUCTASZNGLE-FAMILY RESIDENCE. TO ESTABLISH A 2-LOT, 2-UNIT DETACHED SINGLE-FAMILY RESIDENTIAL SUBDIVISION. 6263 East Trail Drive z' RH-2 v RCL 72-73-51 RCL 72-73-47 RH-2 RCL 72-73-51 RH-2 z11a Staff Report to the Planning Commission February 6, 2006 Item No. 4 4a. CEQA MITIGATED NEGATIVE DECLARATION (Motion for continuance) 4b. VARIANCE NO. 2005-04655 4c. TENTATIVE PARCEL MAP NO. 2005-157 SITE LOCATION AND DESCRIPTION: (1) This irregularly-shaped, 3.2-acre property has a frontage of 47 feet at the terminus of Trail Drive, a maximum depth of 737 feet and is located 145 feet west of the centerline of Whitestone Drive (6263 East Trail Drive). REQUEST: (2) The applicant requests approval of the following: Variance No. 2005-04655 -Request waivers of (a) maximum structural height; (b) maximum retaining wall height and (c) lot frontage on a putilic or private street to construct a single-family residence. Tentative Parcel Map No. 2005-157 - To establish a 2-lot, 2-unit detached single-family residential subdivision. BACKGROUND: (3) This property is developed with asingle-family residence and is zoned RH-2 (SC) (Single- Family, Hillside Residential; Scenic Corridor Overlay). The property is designated for Estate: Density Residential land uses in the Anaheim General Plan. The General Plan designates properties abutting the site to the north, east and south for Estate Density Residential land uses and the properties to the west for Low Density Residential land uses. (4) This item was continued from the January 9 and January 23,2006, Commission meetings in order to comply with the review period requirements for the Mitigated Negative Declaration associated with this request. The applicant, Steve Ellis, has submitted the _~.,, ,~ attached a-mail January 27, 2006, requesting a further,continuance o the February22, - - 2006; meeting in order to revise plans associated with site grading and retaining walls. RECOMMENDATION: (5) That the Commission, by motion; continue this item to the February 22, 2006, Planning Commission meeting. SR-VAR2005-04655(con't 2-6-06)akv Page 1 Attachment -Item No. 4 1 /27/2006 Please continue the above mentioned project until the 22nd of February. I will get the revised plans next week. Thanks Steve ti ITEM N0. 5 I I I I SP 92-2 CONVENTION CENTER PARKING SP 92-2 TTM 16958 CUP 3113 CUP 2288 CUP 2130 ANAHEIM HILT 8 TOW ERS Q W J m m n m Q 2 t®- 568' ---®y CONVENTION WAY SP 92-2 SP 92-2 RCL fib-67-61 (22) RCL 66-67-61 (22) CUP 1101 T-CUP 2001-04445 ...., -- - VAR 26665 CUP2001-04329 VAR 2361 S CUP 4065 04 FSP 96 CUP 2245 _. : _, - CUP 1834 ALL PROPE RTIES ARE IN THE ANAHEIM RESORT Variance No. 2005-04677 Requested By: ANAHEIM HOTEL LLC ern ~o~~ ZABY'S MOT LODGE SP 92-2 '' HANSA HOUSE RESTAU R. SP 92-2 RCL 66-67-61 (10) CUP 658 VAR 1944 S PSP 2003-000Ofi RADISSON HOTEL MAINGATE ANAHEIM SP 92-2 RCL fib-67-61 (10) PSP 2003-00006 VAR 1944 5 SP 92-2 RCL 66-67-61 (18) FSP 2003-00006 SP 92-2 VACP FSP 2003-00006 SP 92-2 AGRICULTURE Subject Property Date: February 6, 2006 Scale: 1" = 200' Q.S. No. 77 REQUESTS WAIVERS OF: (A) MINIMUM NUMBER OF PARKING SPACES (B) MAXIMUM NUMBER OF MONUMENT SIGNS PER STREET FRONTAGE (C) MAXIMUM NUMBER OF WALL SIGNS (D) MAXIMUM LETTER HEIGHT FOR WALL SIGNAGE TO CONSTRUCT AN 8,000 SQUARE FOOT RESTAURANT (MORTON'S). 1855 South Harbor Boulevard -Sheraton Hotel zlas Staff Report to the Planning Commission February 6, 2006 Item No. 5 5a. CEQA NEGATIVEbECLARATION (Motion) 5b. VARIANCE NO. 2005-04677 (Resolution)` SITE LOCATION AND DESCRIPTION: (1) This rectangularly-shaped, 10.4-acre property is located at the northwest corner of Harbor Boulevard and Convention Way having frontages of 793 feet on the west side of Harbor Boulevard, 568 feetoh the north side of Convention Way (1855 South Harbor Boulevard - Sheraton Hotel) REQUEST: (2) Applicant requests waiver of the following to construct a 8,000 square foot restaurant (Morton's Steakhouse); (a) SECTION NO. 18.42.040.010 Minimum number of parking spaces 7( 06 required; 581: proposed and Yecommended by the City's independent parking and traffic consultaht) (b) `SECTION NO. 18.116.130.060.0604 Maximum number of monument signs per street frontaoe (2 permitted; 3 proposed) (c) SECTION NO. 18.116.130.060.0601.04`: Maximum number of wall signs (? permitted; 3'proposed) (d); SECTION NO. 18.116.130.Oti0.0601.04 Maximum letter fieioht for wall sionage (DELETED) > BACKGROUND: (3) This property is currently undergoing renovation to become a Sheraton Hotel (formerly the West Coast Hotel) ahd is zoned SP92-2°(Anaheim Resort Specific Plan No 92-2). The property is also designated for Commercial Recreation land uses by the City of Anaheim General Plan: The Anaheim General Plan designates properties'in all directions for Commercial Recreation land uses. PREVIOUS ZONING ACTIONS: (4) (a) Conditional Use Permit No.2130 (to permit a 157-foot high hotel and accessory uses with waiverofminimum number of parking spaces 3y54 spaces required 2_,022 spaces ' proposed) was approved by the Planning Commission on January 12; 1981. (b) Conditional Use Permit No. 3965 (to retain a car rental agency with on-site storage and/or parking of rentaPCars as an accessory use to, and in conjunction with;. an existing hotel with waiver of minimum number of parking spaces 1~2 required; 76ti existing) was 'approved by the Planning Commission on February 18, 1998. Va(2005-04677sr Page 1 Staff Report to the Planning Commission February 6, 2006 Item No. 5 PROPOSAL: (5) The applicant proposes to construct an approximately 8,000 square foot restaurant (Morton's Steakhouse) with full bar service and lounge in conjunction: with an existing 490-room hotel complex (Sheraton): (6) The site plah (Exhibit No: 1) indicates the proposed restaurant would be located at the southeast corner of the site within the existing Sheraton Hotel complex which contains a multi- story hotel tower, pool areas, accessory meeting rooms and restaurants within asingle-story portion of the compiez and associated surface parking lot. The site plan further shows that the building entrance faces the hotel and parking lot. Aerial View of the site Staff Report to the Planning Commission. February 6, 2006 Item No. 5 (7) The site plan indicates the following proposed building setbacks: Direction Proposed StructurallLantlscaped Code-Required Structural/ Landscaped Setbacks Setbacks North adjacent to the 75 feet (to existing hotel building)Inone None hotel arkin Ibt - West adjacent to the` 385 feet to property line/none `None hotel arkin lot East adjacent to 42 feetl42feet 26 feetl26 feet Harbor BoulevaN South adjacent to 20 to 26 feet/20 to 26 feet 20 feetl20 feet Convention Wa (8) Vehicular access to the site is provided via two existing driveways on Harbor Boulevard and one existing~driveway on Convention Way. There is also a driveway located along Hotel Way (an access road for the: adjoining hotels to the west of the site): The site will have three gated access points to parking areas ih compliance with City standard details with parking fees automatically deducted'via a coded card; nd attendants will be on duty in the parking areas; other thartat the hotel Porte-cochere ahd the valet attendants at the proposed restaurant. Plans further indicate a total of 581 parking spaces proposed on site. Code requires a minimum'of 706 spaces based oh the following tablei ~ 8~ - , ~" ~ ~_ ~.~ Pq. r d „ ,_Q. .Guest Rooms 490 rooms 0.8 s aces/room ' 392 Meeting Rooms 20,012 s.f.: B s aces 160 Bar/Restaurant 8,985 s.f. 8 s aces 72 Retail `> 2,300 s.f. 1 s ace 2 - -~.~" Morton's `"` Steakhouse B,000s.f. 8s aces 64 Em bees 62 °0.25sace/em'"""lo"ee i6 Total 706 (9) The elevation plans and floor plan (Exhibit Nos. 2 through 4) indicate a single story restaurant with the primary entry facing north (towards the existing hotel end parking lot). Materials would consist of stucco walls witty earth tone colors; sahdstone around the base of the building; wood shutters, cornice mdding columns, oak entry door, burgundy awnings and decorative lighting fixtures for the building. (10) The roof plan and line-df-sight plan (ExhibR Nos. 4 through 6) indicates that all roof-mounted equipment would be completelyscreened from public view by the parapet around the building and the roof mounted equipment wouldbe painted td match the roof color to obscure the visibility from higher structures. (11) The landscape plan (Exhibit No. 7) provides a planting design that includes a variety of trees including 36-inch box, Crape Myrtle and Brisbane Box trees, Date Palms and Queen Palms, shrubs, flowering plants and ground cover incorporating a layered landscape design ih conformance with the Tree Density Standards and Design Guidelines as set forth in the: Page 3 Staff Report to the Planning Commission. February 6, 2006 Item No. 5 Anaheim Resort Specific Plan for the setback areas along both tiartior Boulevard and Convention Way. A variety bf trees including Jacaranda and Chinese Elm, end ground cover would be planted within the parking lot in landscaped planters as required, by Code. Plans further indicate Italian Cypress end Olive trees adjacent to the restaurant building: A hedge of Carolina Laurel Cherry shrubs (minimum 15-gallon size) is proposed to fully screen the transformer from public view along Convention Way. (12) The site, elevation and sign plans (ExhibittJbs.1, 3 and 4) propose the following identification signs for the proposed restaurant: MONUMENT SIGNAGE Plans indicate two (2) existing monument signs along Harbor Boulevard (one advertising the hotel and one advertising the existing attached restaurant (Overland Stage): A third monument sign is proposed for the Morton's Steakhouse facility located 145 feet south of the Overland Stage monument sign. The Anaheim Resort Specific Plan permits a maximum of two (2) monument signs per street frontage with a minimum distance of 300 feet between signs. WALLSIGNAGE Plans propose three (3)walis signs:` Sign:. Location Size. Permitted Letter Proposed Letter .Hei ht Hei ht A-awning sigq North elevation- 10 square feet 18-inches, 24- <12-inches(for "Gorton's The (facing the hotel inches for "Morton's) and 6- Steakhouse". and parking a~ee) 3rademarked inches ("The names 'Steakhouse" B- wall sign on the east 42 square feet.. 18-inches; 24- 24-inches (for. "Morton's The elevation (facing inches for "Morton's") and 12- Steakhouse" Harbor Boulevard) 3rademarked inches ("The names Steakhouse" . C -wall sign.. on the south 25 square feet 18-inches, 24- 18-inches{for "Morton's The elevation (facing inches for. "Morton's) and 9- Steakhouse" Convention Way) trademarked inches ("The names Steakhouse Bold Indicates waiver of code requirements The Anaheim Resort Specific Plan permits a building located on a corner to have one (1) wall sign per each street frontage as long as only ohe sign: is visible atany time from any point on the adjacent public right-of-way.... Therefore a waiver is required fog sign A. (13) The letter df operation indicates that the proposed operation would be seven days per week. with hours of operation from 5;00 p.m. td 1.1:00 p.m. Monday hrough Saturday and 5:00 p.m: to 10:30 p.m. Sunday. The number of employees would be 25 to 30. Although the applicant has jndicated in the letter of operation that lunch service is not being propesed'at this time, the parking study prepared by the Cjty jndependent Traffic Consultant did analyze. the lunch time period within the parking study and determined that there would $e adequate parking available fdr the lunch time period: Page 4 Staff Report to the Planning Commission February 6, 2006 Item No. 5 EVALUATION: (14) The Anaheim Resort Specific Plan .permits the development of a Yestaurant with on-premises ', consumption of alcoholic beverages as a permitteduse subject to the Planning Commission's ', review and approval of a Final Site Plan prior td the issuance of a building permit. Since a variande is being requested, ahd all of the same plans that would be part of a Final Site Plan have been submitted as part of the variance application end therefore; thebariance also serves as the Final Site Plah approval. With the exception of the waivers requested as a part of this variance application, the remaining components of the project comply with all provisions of the Anaheim :Resod Specific Plan. (15) Waiver (a) pertains to the minimum number of parking spaces.' Code requires a minimum of 706 spaces for the proposed restaurant use and the existing hotel and accessory uses: Plans indicate 581 spaces proposed.'Tfie City's Independent traffic oohsultant has prepared the parking analysis and has determined that because this is a destination resort with significant pedestrian activity, integrated uses and a wide range of amenities with major destinations in closeproximity,Yhe forecasked'parking demand is 536'spaces.' Consequently, the site is expected to'have an`adequate supply of parking fog the intended hotel renovation and new uses, with a'surplus of 45 parking spaces based on the following findings "(a) That the waiver, under the 6onditions imposed,'if any, will not cause fewer off-stmet parking spaces to be provided for such use than the number of such spaces necessary. to acdommodate all vehicles attributable to such use under the normal and n;asonable foreseeable conditions of operation ofsuch use:'. The site will acdommodate the forecasted parking based on the results of this study, and have a surplus of 45 parking spaces. The site will have a parking demand far less. than the code'-required parking for the indivldualJand uses, due to the close proximity of the Convention Center and Disneyland Resort, as welfas the availability of low-cost. transif (ART) serving the Anaheim Resort hotels. (b) ` That the waiver, under the conditions imposed, if any, will not increase the demand and .:.,. competition for parking spacesLpoh the publid streets in the immediate vicinity of the ~ proposeduse. .:. There are no curbside parking spaces available along the project frontage, on Harbor. Boulevard, Convention Way or Hotel Way, except for busses and taxis. (c) That the waiver, underthe conditions imposed, if any, will not increase the demand for parking spaces upon adjacent private property in the immediate vicinity of the proposed use. The off-street parking area is providing sufficient parking to accommodate the: forecasted parking demand. There are three gated access points into the self-parking areas. An un-manned system will collect parking fees. The Morton's Steakhouse will provide valet parking. The drive aisles through this site are sufficient to accommodate the site's anticipated traffic, and no congestion will occur. (d) That the waiver, under the conditions imposed, wilt not increase traffic congestion within the off-street parking areas or lots provided for such use. Page 5 Staff Report to the Planning Commission February 6, 2006 Item No. 5 The forecasted parking will be provided within the site's proposed parking lot: Additional parking is available at the Convention Center, should this`§ite have special events whereby the available parking is exceeded. All adjacent hotels. have parking lots where vehicles could. be parked for a fee. (e) That the waiver, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon he public. streets in the immediate vicinity of the proposed use. The site will not impact the ingress or egress from any adjacent uses to the public streets. The existing access points are td remain; and no changes or additional driveways are contemplated, (16) Waiver (b) pertains to maximum number of monument signs per street frontage.. Code permits a maximum of two (2) monument signs along Harbor Boulevard. and one sign along Convention Way based on the length of frontage for the property:, As indicated on the site plan. (Exhibit No. 1), the site currently has two (2) existing monument igns along Harbor Boulevard: The applicant is proposing an additional monument sign for the proposed restaurant. As indicated in the attached Statement oYJustification of Waiver form submitted by the applicant, the existing configuration of the property has been affected by the proposed Convention Center monument sign proposed at the northwestcomefof Harbor Boulavard and Convention Way which required the applicant to dedicate a portion of the'comer proparty to the City to facilitate theJocation of the proposed sign. This impacts the opportunity to place a signbn Convention Way with visibility to Harbor Boulevard. Further, the reconfiguration of the driveway along Convention Way to provide ah enhanced laridscaped median within the driveway and the configuration of the proposed restaurant building further raduces he area along Convention Way where a monumehfsign could be placed:" The overall number of monument signs for theproperty oomplies with Code, it Is the location of the new Morton's sign that requires the waiver. Because of the special circumstances affecting the property identified above, which do not apply to other identically zoned properties in the vicinity and therefore, the strict application of the Code deprives the property of privileges enjoyed by other properties under identical zoning classification in the vicinity; therefore, staff recommends ~~~ a onroval of the requested waiver. Page 6 Staff Report to the Planning Commission February 6, 2006 Item No. 5 Resort Specific Plan: Therefore, staff recommends approval'of this variance subject to the findings and conditions of approval contained in the attached resolution. ENVIRONMENTAL IMPACT ANALYSIS: (20) Staff has reviewed the proposal and the Initial Study (a copy of which is on file and available for public review in the Planning Department), and finds that the proposed ; project's environmental effects are within the parameters, assumptions`ahdtlme frames analyzed in he previously-certified Environmental Impact Report No. 313 for the Anaheim Resort Specific Plan. 'Furthermore, based upon a review of the requested waivers and the. supporting tlocumentation, staff finds thafsaid waivers will not result in any new significant environmental impacts, therefore, staff recommends that a Negative Declaration be approved. Staff has prepared Mitigation Monitoring Plan No: 072 for thep~oposed project incorporating those mitigation measures included In the Anaheim Resort Mitigation Monitoring. Program tJo. 0085 that are applicable to the projecf (e copy of,Mitigation ' Monitoring Plan No. 072 has been forwarded to the applicant and is on file and available for public review in the Planning Department). FINDINGS: {21) Section 18.42.110 of the parking ordinance sets forth the following findings which are required to be made before a'parking waiver is approved by the Planning Commission: (a) That the waiver, under the conditions Imposed, if eny, will not cause fewer off-sheet parking spaces to be provided for such use thah the number of such epaces necessary. to accommodate all vehicles attributable to such use uhder thehormal and reasonable foreseeable conditions of operation of such use. (b) That tha waiver, under the conditions imposed, if any, will not increase the demahd and competition for parking spaces upon the public'streets in the immediate vicinity of the proposed use. (c) That the waiver, under the conditions .imposed, if.any, will not increase the demand for parking spacesvpon adjacent private preperty it"the immediate vicinity of the proposed user_ (d) That the waiver, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for such use. (e) That the waiver, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. lJniess conditions to the contrary are expressly imposed upon the granting of any variance pursuant to th15 section, the granting of the variance shall be deemed contingent upon operation of the proposed use in conformance with the assumptions relating to the operation and intensity of the use as contained in the Parking Demand Study that formed the basis for approval of the variance: Exceeding; violating, intensifying or dtherwise deviating from anyof the assumptions as contained ih the Parking Demand Study shall be deemed a violation of the express conditions imposed upon the variance, which shall subject the waiver to revocation or modification pursuant to the provisions of Section 18.60.200 (City-Initiated Revocation or Modification of Permits):. Page 8 Staff Report to the Planning Commission February 6, 2006. Item No. 5 {22) When practical difficulties br unnecessary hardships result from strict enforcement of the Zoning Code, a modification may be granted for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zone.. The sole purpose of ahy variance is to prevent discrimination and none shall be approved which would have the. effect of granting a special privilege not shared by other similar properties. Therefore,. before any variance is granted by the Commission, it shall be shown: (a) That there are special circumstances applicable to the property such as size; shape; topography, location or surroundings, which do not apply to other identically zoned properties in the vicinity; and (b) That strict application of the Zoning Code deprives the property of privileges enjoyed by other properties under identical zoning classification in the vicinity. RECOMMENDATION: (23) Staff recommends that, unless additional or contrary information is received during the meeting, and based upon the evidence submitted to the Planning Commission, including the evidence presented in this staff report, and oral and written evidence presented at the public hearing, the Planning Commission take the following action: (a) By motion, aoorove a Negative Declaration. (b) By resolution, approve in part. Variance No. 2005-04677 to construct an 8,000 square foot restaurant with waivers of (a) minimum number of parking spaces, (b) maximum. number of monument signs per street frohtage, ahd (c) maximum number of wall signs; and denv waiver (d) maximum letter height for wall signage because it has been deleted, by adopting the attached resolution including the findings and conditions contained therein. Page 9 [DR~4FT] RESOLUTION NO. PC2006--*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR VARIANCE NO. 2005-04677 BE GRANTED (1855 SOUTH HARBOR BOULEVARD) 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 EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51 PAGE10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY: ; EXCEPTING THEREFROM THE NORTH 458 FEET THEREOF. ALSO EXCEPTING THEREFROM THE WEST 4.00 FEET OF THAT PORTION THEREOF LYING NORTHERLY OF THE NORTH LINE OF THE SOUTH 10 ACRES OF SAID EAST HALF. ALSO EXCEPTING THEREFROM THE EASTERLY 60 FEET THEREOF LYING WITHIN THE RIGHT OF WAY OF HARBOR BOULEVARD. A PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN:; CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAY RECORDER IN .BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING A STRIP OF LAND .32.00 FEET WIDE AND LYING 16.00: FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: ;,, BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF CONVENTION WAY _,~ `- •-- WITH THE CENTERLINE OF CONVENTION CENTER EAST ROAD (A PRIVATE STREET) _ AS SHOWN ON THE MAP FILED IN BOOK 30, PAGE,_41.OF PARCEL-MAPS, IN THE _ OFFICE -0F SAID COUNTY. RECORDER; THENCE ALONG .SAID. CENTERLINE OF CONVENTION CENTER EAST ROAD THE FOLLOWING COURSES:. NORTH 1° 12' 53" WEST, 857.71 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 200.00 FEET; THENCE NORTHERLY 68.15 FEET ALONG SAID CURVE THROUGH' A CENTRAL ANGLE OF 19°' 31' 26" TO THE BEGINNING OF A REVERSE CURVE CONCAVE T THE EAST AND HAVING A RADIUS OF 200.00 FEET;?HENCE NORTHERLY 68.15 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19° 31' 26"; THENCE NORTH 1° 12' 53" WEST 325.99 FEET TO THE CENTERLINE OF KATELLA AVENUE AS SHOWN ON SAID LAST MENTIONED MAP. EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN KATELLA AVENUE AND CONVENTION WAY AS DESCRIBED ABOVE. ALSO EXCEPTING THEREFROM ANY PORTION LYING WITHIN PARCEL NO. 1 ABOVE. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 6, 2006, 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 cr\PC2006- -1- PC2006- 18.60, 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 aEsaid hearing, does find and determine the following facts: 1. That the applicant requests the following waivers to construct an 8,000 square-foot restaurant at an existing hotel, (a) SECTION NO. 18.42.040.010 (b) SECTION NO. 18.116.130.060.0604 (c) SECTION NO. 18.116.130.060.0601.04 (d) SECTION NO. 18.116.130.060.0601.04 Minimum number of oarking spaces (706 required; 581 proposed and recommended by the City's independent parking and traffic consultant) Maximum numberof monument signs per street frontage (2 permitted; 3 proposed) Maximum number of wall signs `permitted; 3 proposed) Maximum letter height for wall signaoe (DELETED) 2. That the above-mentioned waiver (a) pertaining to the minimum number of parking spaces is hereby granted based on the parking analysis prepared by the City's independent traffic engineer who has determined that the proposed parking referenced in the study would be sufficient for the proposed use on the property based do the following findings: (a) That the waiver, under tFie conditions imposed, will not cause fewer off-street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonable ~, foreseeable conditions of operation of such use: The site will accommodate the -" ~ forecasted parking based on the results of this study, and have a surplus of 45 parking spaces. The site will have a parking demand fariess'than the code-required parking for the individual land uses, due to the close proximity of the Convention Center and Disneyland Resort, as well as the availability of low-cost transit (ART) serving the Anaheim Resort hotels. (b) That the waiver, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets ih the immediate vicinity of the proposed use because there are no curbside parking spaces available along the project frontage, on Harbor Boulevard, Conventidn Way or Hotel Way, except for busses and taxis. (c) That the waiver will not increase the demand for parking spaces upon adjacent private property in the immediate vicinity of the proposed use because the off-street parking area is providing sufficient parking to accommodate the forecasted parking demand. There are three gated access points into the self-parking areas. An un-manned system will collect parking fees. The Morton's Steakhouse will provide valet parking. The drive aisles through this site are sufficient to accommodate the site's anticipated traffic, and no congestion will occur.. -2- PC2006- (d) That the waiver, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for such use because the: : forecasted parking will be provided within the site's proposed parking lot. Additional parking is available at the Convention Center, should this site have special events whereby the available parking. is exceeded. All adjacent hotels have parking lots where vehicles could be parked for a fee. (e) That the waiver, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use because the site will not impact the ingress or egress from any adjacent uses to the public streets. The existing access points are to remain, and no changes, other than the widening of the driveway at Convention Way, or additional driveways are contemplated. 3. That waiver (b) pertaining to maximum number of monument signs per street frontage is hereby approved based on the finding that there are special circumstances affecting the property which do not apply to other identically zoned properties in the vicinity in that the site is impacted by the Convention Center monument sign proposed at the northwest corner of Harbor Boulevard and Convention Way; and further impacted by the reconfiguration of the driveway along Convention Way (to provide an enhanced landscaped median within the driveway). The configuration of the proposed restaurant building also limits the area along Convention Way where a monument sign could be placed, therefore, the strict application of the Zoning Code deprives the property of privileges enjoyed by other properties under identical zoning classification in the vicinity. 4. :That waiver (c) pertaining to maximum number of wall signs is hereby approved based on the special circumstances relating to the orientation of the building which do not apply to other identically zoned properties in the vicinity. Due to the orientation of the front entrance of the building towards the interior parking lot and hotel, one additional sign which has limited visibility to Harbor Boulevard, is required to identify the entrance to the facility. Based on the unique. orientation of the building on the site strict application of the Zoning Code deprives the property of privileges enjoyed by other properties under identical zoning classification in the vicinity. 5. That waiver (d) pertaining to maximum letter height of wall signage is hereby denied because it has been deleted. 6: That °" Indicated their presence at_the public hearing in_opposition to theproposal; and - ~that no correspondence was received in opposition: CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposed restaurant and does hereby determine that the project's environmental effects are within the parameters, assumptions and time frames analyzed in the previously-certified Environmental Impact Report No. 313 for the Anaheim Resort Specific Plan. Furthermore, based upon a review of the requested waivers and the supporting documentation, determines that said waivers will .not result in any new significant environmental impacts, therefore the Planning Commission hereby approves the Negative Declaration upon a finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW,. THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject'Petttion for Variance, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health and safety of the Citizens of the City of Anaheim: _3_ PC2006- 1 2. 3. 4. 5. 6. 7. 8. That the property owner/developer shall be responsible for compliance with all of the mitigation measures set forth in Mitigation Monitoring Plan No. 072 for this project which incorporates hose mitigatipn measures included in the Anaheim Resort Mitigation Monitoring Program No. 0085 that are applicable to the project, and for complying with the monitoring and reporting requirements established by the City in compliance with Section 21081.6 of the Public ResbU"rtes Code: Furthermore, the property owner/developer shall be responsible for any direct costs associated with the monitoring and reporting requirements to ensure implementation of those mitigation measures identified in Mitigation Monitoring Plan No. 072, which is made a part of these conditions of approval by reference: - That a coordinated information signage program including informatiohal and directional signage be provided near the gated entries to the parking areas, to inform motorists regarding validation procedures: Said information shall be specifically shown on plans submitted for building permits. That prior to final building and zoning inspections, a'licensed landscape architect shall provide a letter to the Planning Department certifying thaYall landscaping and irrigation systems have been installed in accordance with .approved landscaping planst That any tree planted within the Setback Realm shall be replaced in a timely manner in the event that It is removed, damaged, diseased and/or dead. That a licensed arborist shall be responsible for all tree trimming That a decorative sidewalk from Harbor Boulevard to therestaurant site in a location approved by the Planning Services Division of the Planning Department, and an enhanced walkway across the parking area for pedestrian access from Convention Way leading to the entrance, shall be provided on plans submitted for building permits: That the location, configuration and type of all lighting fixtures Including ground-mounted lighting fixtures utilized to accent buildings, landscape elements, or to illuminatepedestrian areas, shall be shown on the plans submitted for building permits. That address numbers shall be positioned so as to be readily readable from the street. Numbers shall be illuminated during hours of darkness. Said information shall be specifically shown on plans. submitted for building permits. 9. That rooftop address numbers for he police helicopter-shalfbe provideda minimum size of four (4) feet in height and two (2) feet in width. Numbers should be painted in a contrasting color to the roofing material and shall not be visible from surrounding streets. Said information shall be specifically shown on plans submitted for building permits. 10. That all backflow equipment shall be located above ground outsidebf the street setbacKarea in a manner fully screened from all public streets.- Any backflow assemblies currently installed in a vault shall be brought up to current standards: Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback areas in a manner fully screened from all public streets and alleys:' Said information shaltbeshown on plans and approved by Water Engineering, Cross Connection Control Inspector and Planning Services before submittal for building permits. 11. That since this project has a common landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed and shall comply with City Ordinance No. 5349 and Chapter 10.19 of the Anaheim Municipal Code. Said information shall be shown on plans submitted for building permits. -4- PC2006- 12. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonment of existing water services and ire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. 13. That all existing water services and fire lines shall conform to current Water Services Standards Specifications. Any water service and/or fire'line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 14. That water improvement plans shall be submitted to the Water Engineering Division for approval and a performance bond shall be posted in the amount approved by the City Engineer and City Attorney, with the City of Anaheim. 15. That prior to the issuance of grading permit, the applicant shall submit to the Public Works Department Development Services Division for review and approval a Water Quality Management Plan that: • Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious. areas, creating reduced cr "zero discharge" areas, and conserving natural areas: • Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan. • Incorporates Treatment Control BMPs as defined in the DAMP. • Describes. the long-term operation and maintenance requirements fdr the Treatment Control BMPs. • Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMPs, and • Describes the mechanism for funding the long-term operation and maintenance of the Treatment Control BMPs. 16: That prior to issuance of certificate of occupancy, the applicanf shale • Demonstrate that all structural BMPs described in the Project WOMP have been constructed and installed in conformance with approved plans and specifications. _° " • Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the.. Project WOMP _ _ ~ _. • Demonstrate that an adequate number of copies of the approved Project WOMP are available onsite. • Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. 17. That plans shal(be submitted to the Planning Services Division for his review and approval showing conformance with the current version of Engineering Standard. Plan Nos. 436 and 470 pertaining to parking'standards and driveway locations. Subject property shall thereupon be developed and maintained in bonformamce with said plans. 18. That trash storage areas shall be as indicated in the approved exhibits and in accordance with approved plans on file with the Streets and Sanitation Division. Such information shall be specifically shown on the plans submitted for building permits. 19. That the property owner shall submit a letter to the Planning Services Division of the Planning Department requesting termination of Conditional Use Permit No. 3965 (to retain a car rental agency with on-site storage and/or parking of rental.cars as an accessory use to, and in _5_ PC2006- conjunction with, an existing hotel with waiver of minimum number of parking spaces 1J112 required; 766 existing) since this use is no longer in operation. .._ 20. That the legal owner of subject property shall provide the City of Anaheim with a public utilities easement (dimensions will vary with electrical design) alonglacross high voltage lines, low voltage lines crossing private property and around all pad mounted transformers, switches capacitors, etc. Said easement shall be submitted to the City of Anaheim prior to connection of electrical service.. 21. That the property owner/developer shall comply with Condition Nos. 1, 2, 6, 7, B, 10, 12, 13, 14, 15, 16, 18,.19, 21, 23, 24, 25, 26, 27, 28, 29, 32, 33, 34, 35, 36, 37, 38, 39, 40 and 41 asset forth in Ordinance No. 5454: adopted by the City Council on September 27, 1994 in connection with the adoption of the Anaheim Resort Specific Plan No. 92-2; said conditions being incorporated herein by reference as if set forth in their entirety. 22. That the subject property shall be developed substantially in accordance with the plans ahd 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 10, and as conditioned herein. 23. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 2, 6, 7, 8, 9,.10, 11, 14, 17, 18 and 19 above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18:60.170 of the Anaheim Municipal Code: 24. That prior to issuance of a grading permit Condition No. 15above-mentioned, shall be complied with. Extension 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. 3, 12, 13, 16 end 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 ordihance, 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 cbadition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any apprdvals 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 applidation within 15 days of the issuance of the final invoice or prior to the issuance of buildingpermits for this'project, whicheverbccurs first. Failure to pay all charges shall result in delays in the issuance dfYequired permits or the revocatioh of the approval of this application. -6- PC2006- THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of February 6, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning........ Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION 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 February 6, 2006, 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 .2006. _ -. ? SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION _7_ PC2006- SECTION 4 APFLICANT'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUII2ED FOR PARKING WAIVER) 2EQUEST FOR WAIVER OF CODE SECTION: Attachment- Item No. 5 fA separate statement is required for each Code waiver) PERTAINING TO: s t v Sections 18.74.060 of the Anaheim Municipal Code requires that before any variance or Code waiver maybe granted by the Zoning Administrator or Planning Commission, the following shall be shown: That there aze 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; and 2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. 1n order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully and as completely as possible. b`you need additional space, you may attach additional pages. Are there special circumstances that apply to the property in matters such es size, shape, topography, location or surroundings? _ Yes _ No. If your answer is "Yes," desrnbe the special circumstances: 2. Are the special circumstances that apply to the property different from other properties in the vicinity which aze in the same zone as your property? _ Yes _ No If your answer is "yes," describe how the property is different: 3.; Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring `~- ~ properties located within the same zone? Yes No __ Tf your answer if "yes; ' descrbe the special circumstances: 4. Were the special circumstances created by causes beyond the control of the property owner (or previous property owners)? /Yes _No The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Cade waiver shall be approv d 'ch uld have the effect of granting a special privilege not shared by other property in the same vicinity and zone whi of oth 'se expressly authorized by zone regulations governing subject property. Use variances are not permitted. Signature f Property Owner or Authorized Agent Date CONDITIONAL USE PERMIT/VARIANCE NO. 11~R ~0. 2005 - 0 4 b 7 7 Attachment -Item No. 5 and South Harbor Boulevard Anaheim, California Prepared for .............. Prepared by afq & ssociates, Inca January 2006 Table of Contents Section Page I. Introduction 1 II. Project Location 1 III. Site Description 2 a. Existing Site 2 b. Proposed Site 2 c. Characteristics 2 IV. Site Uses 2 a. Availability of Transit 2 Proposed Site Plan 3 b. Integration of Uses 4 V. Parking Requirements 4 VI. Site Parking Counts 5 VII. Methodology of Study 5 a. Sheraton Park Hotel Parking Demand 6 b. Morton's Steakhouse Parking Demand 6 VIII. Findings 7 LY. Recommendations and Conclusions 8 X. Appendix 9 ,. MORTON'S STEAKHOUSE AND THE SHERATON PARK HOTEL PARKING STUDY L Introduction The project applicant proposes to constrnct a new restaurant in a new building that will be constrncted within an existing: parking lot of the former West Coast Anaheim hotel. The hotel is being renovated to be a Sheraton Park Hotel. The site will share a common parking lot, which is gated at three locations, and will have astate-of--the art, un-manned fee-collection system. This pazking study has been done because the site does: not have sufficient patking spaces for both the hotel and the restaurant uses, if the City of Anaheim Municipal Code were to be applied to each individual land use. The study evaluates the observed parking demand at a similar Morton's Steakhouse .restaurant, grid takes into consideration special circumstances, such as the. availability of reasonably priced. Anaheim Resort Transit (ART); and theproximity to the Convention Center and other hotels. The results of the recently-approved parking study. for the Anaheim Mamott Meeting Room Expansion Project hasrbeen utilized for the. observed and forecasted parking demand for the hotel uses. The Marriott study was prepared by Kimley-Horn and Associates, dated May, 2005, and approved by the City of Anaheim in :June 2005, demonstrated that the parking at a hotel with integrated uses such as banquet rooms and coffee shops/restaurants generates a parking demand much lower than the Municipal Code (See References l and 2). _.__. _~_~~ H. Project Location The Sheraton Park Hotel site is located at the northwest comer of Harbor Boulevard and Convention Way in Anaheim. The site is located approximately one block south of the intersection of Hazbor Boulevard/Katella Avenue, and approximately two miles from the Interstate 5 freeway at Katella Avenue.... The site is one: block from the Anaheim Convention Center, and approximately one half .mile from the Disneyland, California Adventure, and the Disneyland Resort. Harbor Boulevard is a six lane major arterial with a raised median. _Convenfion Way is six lanes with raised median. Hotel Way is a three-lane roadway serving primarily the parking areas of the Hilton and the proposed Sheraton. It has two southbound lanes, and one northbound lane. There is no curbside parking allowed along the project frontage on either street, except for busses and taxis on Convention Way.. ,The site will have two accesses on Harbor Boulevard, one on Hotel Way, and one on Convention Way. The site will have three gated access points to parking areas. Parking fees will be automatically deducted via a coded card; no attendants will be on duty in the parking areas, other than at the hotel porte-cochere and the valet attendants at the proposed Steakhouse. III. Site Description a. Ixisting Site The existing site is the former West Coast Anaheim hotel that previously had 488 rooms, 450,000 square feet of banquet rooms, 8,000 square feet of bars/ restaurants, which included the former Overland Stage Restaurant, and 40 employees in the operation of the hotel rooms. The existing hotel building is being refurbished. Another building has been removed: b. Proposed Site The Sheraton Park Hotel will have 490 rooms, 20,012 square feet of banquet rooms, 2,300 squaze feet of retail, 8,985 SF of bars/restaurant uses; and 62 employees for the hotel rooms. Anew building, labeled Tiffany Building on the Site Plan, will be constructed along the west side of the existing pool. Based upon a conversation with staff onsite, this building will contain a Fitness Center and employee break areas: The site plan submitted to the City shows that the parking lot will have a total of 581 spaces. The Morton's Steakhouse is proposed to bean 8,000 squaze foot, quality, sit-down restaurant in a new, separate building in the southeast corner of the site: c. Characteristics The Morton's Steakhouse will have valet-only parking or patrons may self- park in the gated parking area. The Sheraton Park hotel will have a porte- cochere for guests who are arriving and departing. There will be 581 total ~„ .,,, parking spaces throughout the surface parkng'areas. No parking structure is - proposed for this site. IV. Site Uses The site is renovating an existing hotel to be under new ownership: Changes to the site are occurring, with the removal of a building, the constmction of a new hotel building, the renovation of an existing restaurant within the hotel property, and the addition of a separate new restaurant. The most significant change is a reduction in size of the meeting rooms, and the addition of the Morton's Steakhouse. The site will continue to have hotel rooms, bars/restaurants, retail shops, and meeting/banquet rooms. a. Availability of Transit The proposed Sheraton Park Hotel site is a member of the Anaheim Resorts, and provides low cost, subsidized transit for its guests. Visitors are able to purchase tickets to ride the Anaheim Resort Transit (ART) for $3 per day. The ART operates 37 clean-fuel, full ADA accessible vehicles. These busses operate from one hour prior to the opening of the theme parks, to one half hour after closing.. Tickets can be purchased at any of the 52 participating ART properties and at 13 kiosks (See Reference 3). a b. Integration of Uses When a site has numerous amenities, it is considered to be a "Desfination Resort," and will require considerably less guest room pazking (See Reference 4), This hotel will have shopping, restaurants, a fitness center and a swimming pool. Also, guest room parking requirements are generally lower, due to the availability of shuttle service to/from the area airports and its close proximity to the Convention Center and the Disney Resort. V. Parking Requirements Applying the Anaheim Municipal Code to each individual land use indicates that the proposed Sheraton Park Hotel would require 644 parking spaces, and the 8,000 SF Morton's Steakhouse restaurant would require an additional 66 parking spaces. The total would be 708 parking spaces. Annhn:m Mnnirinnl (`nda Parltina Rannirement Land Uses Unit Parking Code Number of spaces required Hotel 490 rooms 0.8/room 392 Bar/Restaurant 8,985 SF 8/1,000 ' 72 Meeting Rooms 20,012 SF 8/1,000 161 Retail 2,300 SF 1/1,000.. 3 Employees 62 0.25/person 16 Code-required Parking for Sheraton Park Hotek 644 Morton's Steakhouse 8,000 SF 8/1,000 64 Total Required for Site 708 Provided # of Stalls on Site 581 Shortfall based on Code 127 Based on the most recent site plan, and deleting 19 compact parking spaces, the site has a total of 581 parking spaces. The Sheraton Park Hotel will be short of the code-required parking of 644 spaces even before the addition of the Morton's Steakhouse. When the new restaurant is added, the site will be short of the code-required parking of 708 spaces by 127 spaces. However, applying the code to each land use does not take into account the interaction among the uses. An excerpt from Section 18.42.040 of the City of Anaheim Municipal Code for non-residential pazking has been included in Appendix B. VL Site Parking Counts Parking counts have been taken at the Morton's Steakhouse in Costa Mesa, to determine the parking demand at this specific restaurant. The Costa Mesa Morton's Steakhouse is 12,000 square feet in size. e Parking counts were taken on Friday November 11, 2005, between 11:30 AM and 2:15 PM, and between 4:30 PM and 10:45 PM and on Saturday November 5, 2005 between 5:30 PM and 10:45 PM. Appendix A contains the parking counts taken by Southland Car Counters. At the Costa Mesa Morton's Steakhouse, the highest number of cars parked was 64 on Saturday at 6:45 PM. VII. Methodology of Study The City of Anaheim recently approved a parking study for an expansion at the Mamott Resort Hotel, which is located within close proximity of the Sheraton Park Hotel site, and is similar in terms of having integrated uses onsite and parking demand. Because the Sheraton Park Hotel site is already undergoing renovation and the former West Coast Anaheim Hotel is vacant and no longer in operation, it was not possible to conduct parking counts at this site for the hotel uses. In consultation with the City's project manager, it was agreed that the results of the Marriott Parking Study would be appropriate for use in assessing the parking demand for the Sheraton Park Hotel. The Anaheim Marriott Meeting Room Expansion Project Parking Study, which was conducted by Kimley Hom, took pazking counts within a timeframe when the hotel's meeting rooms were booked at capacity, However, the hotel rooms were 88.5% occupied. The Marriott study took the observed parking demand of 644 parking spaces, and factored it up by a contingency factor of 20% to account for the fact that maximum usage of meeting rooms occurs in the summer months, the Marriott study was conducted in spring. Applying the 20% factor to the observed parking spaces of 634 increased the parking demand by 127 spaces. Then to take. into consideration that the hotel "was not fully occupied, the Marriott study calculated the code-required parking for the 121 vacant rooms, at the rate of 0.8 parking spaces/room. This equated to 97 pazking spaces. Adding up the observed maximum parking, the contingency factor for time bf year, and. the code-required parking for the vacant rooms, resulted in a total forecasted.. parking. demand of 858 spaces. Summary of Marriott Estimated Peak Parking Requirement for Existing Uses Mamott Site SourceBxplanation Parking Spaces Observed Parking Parking Counts 634 20% contingency Per ULI (seasonal variation) add 20% of 634 127 121 Rooms were vacant 0.8 spaces/room per Municipal Code 97 Estimated Peak Parking Required 858 Parking Required by Code for existing uses 1,405 Reference: Anaheim Marriott Meefing Room Expansion Projec[ by Kimley-Horn -Due to the various parking rates for the hotel rooms, employees, restaurant; and retail uses, and the fact that the Marriott and the proposed Sheraton have different sizes of ..these land uses, we have taken the estimated peak pazking required from the Mamott study, 858 parking spaces and compared it with the Code-required 1.,405 parking spaces. The estimated peak parking demand for the existing uses, based upon the Marriott study would be 61% of the Code-required parking. a. Sheraton Park Hotel Parking Demand The code-required parking for the Sheraton Park Hotel is 644. By applying the 61% factor obtained from the Marriott study, the forecasted parking demand for the Sheraton hotel uses would be (644 x 0.61) 393 parking spaces. However, the. Marriott study was conducted when the meeting rooms were fully booked for daytime activities. If we allow for the fact that evening parties and banquets would be functioning within the same timeframe that hotel guests are expected to be onsite, an extra contingency factor of 25%`s added, which equates to 99 parking spaces. Code Pro rate factor. p g Sheraton Park Hotel 644 Apply 61 % of code 393 Contingency Add 25% of 393 99 Forecasted Demand 492 Determination of the Forecasted Parking Demand for hotel uses Forecasted arkin demand b. Morton's Steakhouse Parking Demand For the Morton's Steakhouse, counts were taken at the Costa Mesa restaurant, and factored down to equate to the parking demand of the smaller, Anaheim site: The maximum number of occupied parking spaces at the Costa Mesa Morton's was 64 on Saturday, November 5; 2005 at 6:45 PM. The Costa Mesa restaurant is 12;000 square feet. The Anaheim Morton's is proposed to be 8,000 square feet: The ratio of the site sizes is 8;000/12,000 or 66%. By factoring the 64 parking spaces down by 66%, results in 43 spaces for the forecasted parking demand for the Morton's Steak House in Anaheim. Determination of the Forecasted Parking Demand Parking Demand from Pro-rate factor Forecasted parking counts taken Due to smaller demand size Morton's 64 Apply 66% Steakhouse 8,000/12,000 43 The table below summarizes the forecasted parking demand for the Sheraton Park Hotel and Morton's Steakhouse. . Summary of Forecasted Parking for Site Total Sheraton Forecasted Parking 492 Morton's Forecasted Parking 43 Total Forecasted Parking Demand 535 Total Pazking Spaces Provided 581 Forecasted Parking Surplus - 46 If the City of Anaheim Municipal Code wereapplied to the individual land uses, the site would require 708 parking spaces, and it would be short 127 parking spaces. However, because this is a destination resort; with integrated uses and a wide 7ange of amenities and major destinations in close proximity, the forecasted pazking demand based upon the above analysis is 535 parking spaces: Consequently, the site is expected to have an adequate supply of parking for the intended hotel renovation and new uses, with a surplus of 46 parking spaces. VIII. Findings....... A variance from the parking code is being requested, because the addition of the restaurant to the existing hotel site causes the entire site to be short of the code-required parking by 127 parking spaces. This study demonstrates that the forecasted parking demand wilTbe 535, and that the existing parking supply of parking spaces, 581, will be _ adequate for the intended uses, with a surplus of 46 parking spaces. All of the five findings below are met Finding 18.42.110.0101: That the variance, under the conditions imposed if any, will not cause fewer off-street parking spaces to be provided for the proposed use than tl:e 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. The site will accommodate the forecasted parking based on the results of this study, and have a surplus of 46 parking spaces. The site will have a parking demand far less than the code-required parking for the individual land uses, due to the close proximity of the Convention Center and Disney Resort, as well as the availability oflow-cost transit (ART) serving the Anaheim Resort hotels: Finding 18.42.110.0104: That the variance, under the conditions imposed, if any; will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use. , The off-street parking area is providing sufficient parking to accommodate the forecasted parking demand. There are three .gated access points into the self- parking areas. An un-manned system will collect parking fees. The Morton's .Steakhouse will provide valet parking. The drive aisles through this site are sufficient to accommodate the site's anticipated traffic, and no congestion will occur. Finding 18.42.110.0102: That the variance, under the conditions imposed tf any, will not increase the demand and competition for parking spaces upon the public streets`in the immediate vicinity of the proposed use. There are no curbside parking spaces available along the project frontage, on Harbor Boulevard, Convention Way or 1Iote1 Way, except for busses and taxis. Finding 18.42.110.0103: 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 subsection. 18.42.050.030 (Non-residential uses-exception). The forecasted parking will be provided within the site's proposed parking lot: Additional parking' is available at the Convention Center, should this site have special events whereby the available parking is exceeded. All adjacent hotels have parking lots where vehicles could be parked for a fee. Finding 18.42.110.0105: That the variance, under the conditions imposed if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets t the immediate vicinity of the proposed use. The site will not impact the ingress or egress from any adjacent uses to the public streets. The existing access points are to remain, and no changes or'additional driveways are contemp]ated. 1X. Recommendations and Conclusions The Sheraton Park Hotel and the Morton's Steakhouse will have an adequate parking supply to accommodate the forecasted parking demand. It is .suggested that informational signage be provided near the gated entries into the parking areas, to inform motorists that they will have to go into the hotel. or restaurant to validate the parking card that is required .for exit. The gate .arms are operated_by coded-card, and no staff will be collecting parking fees within the parking lot_ X. Appendix a. Parking Counts taken by Southland Car Counters at Morton's Steakhouse, Costa Mesa, California b. Excerpt from Section 18.42040 of the Anaheim Municipal Code c. References APPendix A Parking Counts IVlorton's Steal®>lase, Costa IVtesa Project #: OS-1246-001 City: Costa Mesa 11/04/05, Friday 11!04/05, Friday 11/05/05, Saturday Time- Cars Parked Time Cars Parked Time Cars Parked 11:30 AM 14 5:30 PM 41 5:30 PM 18 .11:45 AM 22 5:45 PM 43 5:45 PM 33 12:00 PM 27 6:00 PM 40 6:00 PM 42 12:15 PM 32 6:15 PM 44 6:15 PM 49 12:30 PM 37 6:30 PM 53 630 PM S8 :;12:45 P1VI 40 6:45 PM 54 6:45 PM < 64 1:00 PM 37 7:00 PM ' S6 .7:00 PM 60 1:15 PM 30 7:15 PM 56 7:15 PM 52 1:30 PM 30 7:30 PM 54 7:30 PM 51 1:45 PM 28 7:45 PM 55 7:45 PM 61 2:00 PM 25 8:00 PM • 59 8:00 PM 58 2:15 PM 17 8:15 PM 59 8:15 PM 59 8:30 PM 61 8:30 PM 59 8:45 PIvi` 62 8:45 PM 52 9:00 PM 61 9:00 PM 55 9:15 PM 54 9:15 PM 52 9:30 PM 45 9:30 PM 47 9:45 PM 36 9:45 PM 41 . 10:00 PM 31 10:00 PM 36 10:15 PM 27 10:15 PM 27 10:30 PM 22 10:30 PM 22 10:45 PM 17 10:45 PM 9 Parking counts were taken by Southland Car Counters. The maximum observed number of parking spaces occupied is 64. Appendix B Excerpt from Section 1$.42.040 of the Anaheim Municipal Code for tvon-xestnennai rartun Hotels 0.8 space per guest room, plus 8 spaces per 1,000 square feet of GFA for & banquet/meeting room, plus 8 spaces per 1,000 square feet of GFA for full- Motels service, semi-enclosed, walk-up and fast-food restaurants, plus 5.5 spaces per 1,000 .square feet of GFA for take-out restaurants integrated into the hotel complex, plus 1 space per 1;000 square feet of retail space plus 0.25 space for each employee working in the guest room areas Bars & Nightclubs 17 spaces per 1,000 square feet of GFA Restaurants- Drive-In, Drive- Through, Fast-Food: 16 spaces per 1,000 square General feet of GFA Take-Out (not to exceed a cumulative maximum total of ten seats for patrons): 5.5 spaces per 1,000 square feet of GFA Restaurants-Full 8 .spaces per 1,000 square feet of GFA if integrated into a planned Service development complex; 15 spaces per 1,000 square feet of GFA, if not integrated into a planned development complex Restaurants- 8 spaces per 1,000 square feet of GFA, if integrated into a planned Semi-Enclosed development complex; 15 spaces per 1,000 square feet of GFA, if not integrated into a planned development complex Restaurants- 5.5 spaces per 1,000 squaze feet of GFA Take-Out - "` Restaurants- 16 spaces per 1,000 square feet of GFA Walk-Up Retail General: 5.5 spaces per 1,000 square feet of GFA for first 100,000 square Sales- feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet General Art Galleries: 3.3 spaces per 1;000 square feet of GFA Furniture, Carpet & Flooring: 2.25 spaces per 1;000 square feet of GFA Appendix C References: 1. Anaheim Resort Transit Facts At-A Glance 2001 South Manchester Anaheim, CA 92802 (714)-565-5287 2. City of Anaheim Municipal Code Section 18.42 3. Anaheim Marriott Meeting Room Expansion Project Parking Study Prepared by Kimley-Hom and Associates, Inc. May, 2005 Approved by the City June 2005 4. "Variables That Influence Hotel Parking Demand" by Donald Sonneman The Appraisal Journal January 1999 ITEM NO. 6 RS-A-03,000) ELEMENTARY SCHOOL 7-CUP 2001-04459 T-CUP 2001-04437 RCL 82-63-26 4® ® 4® CUP 4761 ® ® 4m ~ ''- CUP 527 " MOBILEHOME RM-4 PARK RCL fi3.64-19 T CL fit-63-1 VAR 1596 RCL 6fi-67-35 7 RC 31 DU (Res of Int T CUP RM-2 la RM-3000) 2007-04370 RCL 79-p0-O4 T 1 DU CUP 4140 CUP 1697 CUP 3440 ' T.cuP z9m4u456 C-c VAR 3117 VAR 3102 CUP 2405 RM-4 RCL 84-85-16 T.cuPtam-044x7 T-VAR 2001.04454 c9 ti ANAHEIM WES SENIOR CITIZEN APARTMENTS VAR 3451 cc c. RCLfi6E7<7 CL fie vAR 3666 MEDICAL TOWNHOMES 135 DU 50 DU APTS. RCL 63.64.37 CUP VAR 2365 SMAL PROFESS- 14 DU CUP 912 CUP 4761 SHOP IGNAL VETERL ECG NARIAN LU Anaheim Commercial Comdors GG `p° I RM-0 ~ ~ RCL 87-BB-55 m VAR 3800 mm ..I -~ U~ K RM-4 RCL 70-79-15 VAR 3051 RCL 59-60-60 VAR 7360 APARTMENTS 194 DU I RCL 60-61-20 -------J ~--~VA~R~13~80~ ,~ DEL MI ~ LINCOLN AVE I~ 736'- m RM-0 RCL 73-74-33 APARTMENTS GG CUP 2747 GG CUP 1900 RCL 63b4-0: CUP 622 CUP 3534 CUP 3534 CUP 1763 VAR 2437 Mc GGNALG'S REST. ~` GG RCL 65b6-96 CUP 1026 CUP 2168 VAR 2752 CUP 1622 C VAR 1771 ARWASHIREST CUP 1456 . Conditional Use Permit No. 2005-05060 Subject Property Determination of Public Convenience or Necessity No. 2005-00024 Date: February 6, 2006 Scale: 1" = 200' Requested By: PIETRO T. TROZZI Q.S. No. 5 CONDITIONAL USE PERMIT NO. 2005-05060 -REQUEST TO PERMIT A RESTAURANT AND BILLIARD FACILITY WITH ON-PREMISES SALE AND CONSUMPTION OF BEER AND WINE WITH WAIVER OF MINIMUM NUMBER OF REQUIRED PARKING SPACES. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2005-00024 - TO PERMIT SALES OF BEER AND WINE FOR ON-PREMISES CONSUMPTION WITHIN A RESTAURANT AND BILLIARD FACILITY. 3242 West Lincoln Avenue -Marie's Pizzeria and Billiards ztso ~ t w sx ,. a r - '`~`h ~v m ~, -~ , e ~ ,~~S~,,.~~y~ + ~2"`r~a,,, r ~ s `tr, eb i, {T'. rk "•~~ ^i6~.isaam~1. 5~`y'~eau'. ,~~~'-'#.~+.sx :m'~."'" _ S Conditional Use Permit No. 2005-05060 Subject Property Determination of Public Convenience or Necessity No. 2005-00024 Date: February 6, 2006 Scale: 1" = 200' Requested By: PIETRO T. TROZZI Q.S. No. 5 CONDITIONAL USE PERMIT NO. 2005-05060 -REQUEST TO PERMIT A RESTAURANT AND BILLIARD FACILITY WITH ON-PREMISES SALE AND CONSUMPTION OF BEER AND WINE WITH WAIVER OF MINIMUM NUMBER OF REQUIRED PARKING SPACES. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2005-00024 -TO PERMIT SALES OF BEER AND WINE FOR ON-PREMISES CONSUMPTION WITHIN ARESTAURANT AND BILLIARD FACILITY. 3242 West Lincoln Avenue - Maria's Pizzeria and Billiards zi5o Staff Report to the Planning Commission February 6, 2006 Item No. 6 6a: CEQA NEGATIVE DECLARATION (Motion). 6b: WAIVER OF CODE REQUIREMENT (Motion) 6C. CONDITIONAL USE PERMIT NO: 2005-05060' (Resolution) 6d. DETERMINATION OF PUBLFC CONVENIENCE OR NECESSITY NO: 2005-00024 (Withdrawn) SITE LOCATION AND DESCRIPTION: (1) 'This irregularly-shaped, 1.5-acre property is located east and south of the southeast corner of Westchester Drive and Lincoln Avenue, with a frontage of 136 feet oh the south side of Lincoln Avenue and a frontage of 187 feet on the east side of Westchester Drive (3242 West Lincoln Avenue - Maria's' Pizzeria and Billiards). REQUEST: (2) The applicant requests approval of the following:.. (a) Conditional Use Permit No. 2005-05060 to permit a billiard facility and on-premises sale and consumption of beer and wine in conjunction with afull-service restaurant under authority df Code Section No: 18:08.030.040 with waiver of: SECTION NO: 18.42A40.010 Minimum number of parkind spaces (114 required; 102 existing and recommended by staff) (b) Dete~minationbf Public Convenience'or Necessity No. 2005-00024 to permit the retail sales of beerand wlnefor on-premises consumption in conjunction with afull-service restaurant. (This item has been withdrawn since this determinatioh is made by ABC in conjuhction with a Type 41 (restaurant) license). BACKGROUND: `" (3) This property is developed with a 13-Unit commercial retail shopping center and is zoned C-G (General Commercial). The Anaheim General Plan designates this property for Low- Medium Density Residential lahd uses. The Anaheim General Plan further designates properties ih all directions for Medium DensityResidential land uses. Thisproperty is located within the Merged Redevelopment Area.': PREVIOUS ZONING ACTIONS: (4) The following zoning actions pertain to this property: (a) Conditional Use Permit No. 4050 (to permit and retain an existing commercial center, 2,200 square foot convenience market; and to permit the sale of beer and wine for on- premises consumption within an existing 5,005 square foot billiard hall) was approved in part, with denial of beer and wine on July 10, 2001, by the City Cduncil. This entitlement was not exercised and staff has included a condition of approval requiring termination of this permit: Srcup2005-05060k1w2.dod Page 1 Staff Report to the Planning Commission February 6, 2006 Item No. 6 (b) Conditional Use Permit No. 2138 (to permit a public dance hall (without food service) with a waiver of minimum number of parking spaces) was approved by tfie Plahning Commission on December 15, .1980, for five years. A request to delete the condition of approval pertaining to the time limit was approvetl on April 29, 1985. The public dance :hall is no longer in operation at this location and staff has included a condition of approval requiring termination of this permit. (c) Variance No. 1728 (waiver of maximum height of roof signsand maximum distance between roof sign and freestanding sign) was approved by the Planning Commission on August 16, 1965. (d) Conditional Use Permit No. 414 (to establish adrive-in or walk-up restaurant) was approved by the Cfty Couhcil on May 28, 1963, subsequent to Planning Commission denial do April 29, 1963 (Tacos San Pedro - 3240 West Lincoln Avenue). DEVELOPMENT PROPOSAL: (5) The applicant requests a conditional use permit to allow the sales of beer and wine for on- premises consumption within a proposed full-service restaurant with anaccessory billiard .hall. The previous billiard hall with accessory dining services had been in business for many years under various owners but has not been in operation for etleast six (6)months: The business was a legal non-conforming. billiard facility with 1?pool tables: Current code requires a conditional use permit for billiard halls; since this land use has an active business licehse unfit June 29,2006, ahd the business has been actively tieen pursuing this entitlement, the existing nonconforming billiard facility may continue until such time that the use is abandoned. Page 2 .:Address {Lincoln ':Avenue Land Use Square-footage !Required Parking Totals` `3240 Take-out Restaurant .1,410 s.f. 5.5 s aces/1,000 s.f: 8 3242 Restaurant 2,50p s.f. 8 s acesM,000 s.f. 20 Billiard Hall 2,450 s.f. 8 tables 2 s aces/table!> 16 3244- 3268 Retail 12,825 s.f: < 5.5 spaces/1,000 s.f. 70 Total 114 Page 3 Staff Report to the Planning Commission February 6, 2006 Item No. 6 (8) The floor plan (Exhibit No. 1) tndicates a 4,950 square foot unit consisting of a 1,900 square foot dining area; 6pl) square foot kitchen preparation area, male snd female restrooms, bar surrounding the kitchen area., and eight (8) pool tables to the rear of the unit comprising 2,450 square feet. (9) Photographs indicate three (3) existing one-story freestanding buildings with tan painted brick, peach painted wood framing. and tinted windows bn the south and west elevations facing the parking lot and the fast-food restaurant: No exterior modifications to the existing building, parking lot, or landscaping sre proposed as part of this application: (10) Photographs and staff inspections of the site indicate the on-site landscaping is minimal but: has been properly maintained. Small trees and shrubs are in tFte Tandscape planters along Westchester Drive. (11) No sign plans were submitted with this application. Photographs indicate three (3) existing. ', wall. signs on the west elevation identifying the pizza and billiard hall andbne (1) wall sign on the'north elevation identifying the commercialiretail center, Centralia Center. Code permits. a maximum of five (5) wall signs for the business, The existing wall signs affixed to the west elevation are not internally illuminated and therefore, do not require building permits. However, Code requires that wallsigns shall not exceed a letter height of twenty-four (24) incites (for 1-story structures) and maximum area of 10% of the unit's elevation (or 200 square feet, whichever is less); the existing west elevation wall signs do noYappear to exceed maximum requirements of Code. However, the existing gdrth elevation waif sign exceeds the maximum permitted area and the maximum letter height. Staff ha5added'a condition of approval requiring the sign to be removed, or reduced in size to comply with code. There is a legal. non-conforming freestanding sign identifying businesses in ttie center. Code permits re-facing the sign to reflecf cfianges of 6usinessesbut does not permit. any structural alterations. (12) The submitted letter of operation indicates the proposed full-service restaurant would be " open Sunday through Thursday, 11:00 AM to 1:00 AM and Friday througtr Saturday; i t:00 """ AM to 2:00 AM with a maximum of eight (8) employees-.per shift. In addition to the - restaurant, pool tables will be'available for pat'ron's recreational Use upon relinquishment of their driver's license; buf alcohdlic beverages will not be served in the billiard area, only in the designated dining areas. The applicant has indicated that they would ftave staff monitoring the' area to keep alcohol out bf the billiard area ENVIRONMENTAL IMPACT ANALYSIS: (13) Staff has reviewed the proposal ehd the Initial Study (a copy of which is available for review in the Plannlhg Department) end finds no significant environmental impact and, therefore, recommends that a Negative Declaration be approved'upon a finding by the Planning: Commission that the Negative Declaration reflects the independent judgment of the lead agency; and that it has considered the proposed Negative Declaration together with any comments received during the public review process and further fihding ort the basis of the Initial Study and any comments received that there is no substantial evidence that the.. project will have a sighifcant effect on the environment Page 4 Staff Report to the Planning Commission February 6, 2006 Item No. B EVALUATION: (14} The accessory sales of beer and wine forbn-premises consumption in conjunction with a full-service restaurant is permitted in the C-G zone subject to the approval of a conditional use permit: As of July 8; 2004; a conditional use permit is required for a billiard facility. Since the billiard facility was established prior to 2004, it is legal non-conforming( The restaurant use is permitted by right: This request would establish conformity for the portion of the billiard facility requested as a part of the full service restaurant. (15) :The requested waiver pertains to minimum number of required parking spaces. Code. requires. a minimum of 1.14 parking spaces for the combined uses proposed on-site. Plans indicate 102 parking spaces provided, resulting in a deficiency of 12 spaces.. Code requires that requests for waivers'relating to minimum number of parking spaces that do not exceed 10% (12 parking spaces) of the required number of parking'spaces shall be accompanied by a parking etter and a parking demand study need hot be' completed by the City's Traffic and Parking Consultant: Staff has reviewed the attached parking. letter and recommends approval of the proposed number of parking spaces since a majority of the facility's customers is anticipated to be in the evening hours after the surrounding retail units are closed; .Based upon this evaluation, staff recommends aoaroval of the parking waiver to permit afull-service restaurant end accessory billiard hall inconjunction with an existing commercialretai(center based upon the following findings submitted by the applicant: "(i) That 75% of the existing tenants in the commercial center are closed after 7-o'clock in the evening while the proposed restaurant with accessory billiard. hall's peak hours of operationere expected to be in the evening hours between 7 o'clock through 10 o'clock in the evening. (ii} That under current business operations for the commercial center;'50% of the existing parking lot remains underutilized after 7 o'clock in the evening. (iii) That the proposed business is to serve the neighboring multiple-family residential properties and therefore expectsa high level of pedestrian traffic instead of vehicular traffic." (16) The applicant is requesting to permit the on-premises consumption of alcofiolic beverages (beer and wine only) inconjunction with afull-service restaurant with an accessory billiard hall. The Anaheim Police Department has submitted the attached memorandum Baked January 18 2005, stating this property is located within Police Reporting District No. 1714, which has`a crime rate of 333% above average; designating itas a high crime rate (defined. as 20% or more above the City'average). ;This reporting district has the highest crime rate In the City of Anaheim. However, there were no calls for service to this address in the last year since the unit has been closed for at leasf6`months. This property is alsolocated within Census Tract No: 869.01 where there is currently 1 on-sale license and 1b on-sale licenses are allowed:`: This census tract also permits 6 off-saleiicenses and there are presently 6 active licenses in the tract. Although there were no calls for service for the past year far this unit, the crime rate within this reporting district is elevated, and the facility has been closed for some time. Page s Staff Report to the Planning Commission February fi, 2006 Item No. 6 (17) The Police Department records indicate that the previous business; under different ownership, has had two (2) separate ABC licenses. These licenses were revoked to 1987 and 1993 as a result of illegal drug sales of marijuana and methamphetamine and the sales of alcoholic beverages to minors:: The Police Department opposes this request due to the high crime rate in the area and concern that allowing a restaurant with such a significant billiard area (2,450. s.f.) would create greater opportunities for loitering and could exacerbate the existing crime prpblem ihthe area:-.The Police Departmehthas included recommended conditions of approval in the event this application is approved for on-premises consumption of beer and wine in conjunction with afull-service restaurant. (18) The subject property as seen below is surrounded by a senior citizen housing facility; high density neighborhoods; and within 600 feet of a Centralia Elementary School and 1200 feet west of Danbrook Elementary SchooL> The West Anaheim Community Policing Team is active in this area and is concerned that the additidh of sales and cpnsumption of alcoholic beverages in a neighbprhopd plaguedwith gang problems has the potential of aggravating an'alreadyserious crimeproblemc In additioh, ttre furthestLnit'of the cpmmercial center, a - previpusly-approved convenience market, durrehtly Fias art ofF sale alcofiol license.. Though:. the applicant is requesting tp create a bpha fideYestaurant, the accessory billiard hall creates notbnly a dining use buts recreational use, and therefore increases the pptehtial for. customers to remain at the business for long periods of time. Ih'addltidn, the applicaht's proposed hours of operation indicates late evening hours ranging from 1 am: to 2`a.m, in' the moming Staff is concerned with the pptential of loitering during the evening hours as a result of the sales of alcoholic beverages: Although tfte applicant has indicated tFiey intend to operate a bona fide full service restaurant, and the layout meets the tlefinition of a' restaurant; the large billiard area ih conjunction with the late hours of operation, makes the proposed use very similar to a recreationalprbar-type facility. Given the high crime rate for. the property (333% above average) and that this property is within the reperting district with Staff Report to the Planning Commission February 6, 2006 Item No. 6 (19) The attached letter of operation submitted by the applicant indicates that beer and wine for on-site oonsumptioh would be ancillary to the overall food and beverage menu in thee. restau~anf. The business owner plans to operate a bona fide restaurant with accessory billiard hall by expanding the menu selection and reducing the existing number of pool tables from seventeen (17) to eight (8). In addition, the applicant has indicated that the sales of beer and wine will be served by staff and not be permitted within the pool table area.: (20) A site inspection revealed that the property is in need of genera maintenance. In addition, the center is in needbf refurbishment of landscaping and the parking lot needs to be re- paved and striped. Since a parking waiver is being requested; it is especially important that the available parking spaces are clearly marked and properlymaintained. Staff has included: a condition of approval to re-pave and stripe the existing parking lot. (21) The windows of the subject tenant space have a very dark tint ih addition to graffiti; which limits visibility into the unit. Due to the property's location in a high crime rate district, staff has included a condition of approval requiring theYemoval of the window tinting to allow for visibility into the restaurant.. This is especially criticatfor the safety of police officers responding to an incident at the location: FINDINGS: (22) Section 18.42.110 of the parking code sets forth the following findings which are required to be made before the: parking waivers are approved by the Commission (a) That the waiver, 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 conditionsbf operation of such use; and (b) That the waiver, 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. (c) That the waiver', under the conditions imposed, if any, will not increase the demand and competition for parking spades upon adjacent private property in the immediate vicinity of the proposed use; and (d) That the waiver, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking areas or lots provided for such use; and (e) Thafthe waiver, 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. Unless conditions to the contrary are expressly imposed upon the granting of any waiver pursuant to this section, the granting of the waiver shall be deemed contingent upon.. operation of the proposed use in confonr{ahce with the assumptions relating to the operation and Intensity of the use as contained in the parking demand' letter that formed the basis for_ approval of said variance. Exceeding, violating, intensifying orotherwise`deviating from any of said assumptions as contained in the parking demand study shall be deemed a violation Page 7 Staff Report to the Planning Commission February 6, 2006 Item No. 6 „ _. of the express conditions imposed upon said variance which shall subject said variance to termination or modification pursuant td the provisitins of Sections 18:60.200 (City-Initiated Revocatior or Mbdification of Permits}. (23) Before the Planning Commission grants any condititinal use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: (a) That the proposed use is properly one for which a conditional use .permit is authorized by the Zoning Code; or that said use as defined in Subsection .030 (Unlisted Uses Permitted) of Section 18.66.040 (Approval Authority); (b) Thaf the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located; (c) That the size'and shape of the site for the proposed use is adequate to allow the full development of the proposed Use in a manner not detrimental to the particular area or to the health and safety; (d) That the traffic generated by the proposed Use will not impose an undue burden upoh the streets and highways designed and improved to carry the traffic in the area; and (e) That the granting of the oonditional`use permttunder the conditions imposed; if any, will not be detrimentalto the health and safety of the citizens of the City of Anaheim: RECOMMENDATION: (24) Staff recommends that, unless additional cr contrary information is received during the meeting, and based upon the evidence submitted to the Commission, including the evidence presented in this staff report; and oral and written evidence presented at the public hearing, the Commission take the following actions: (a) By motion; approve the. Negative Declaration for the project. (b) By motion, a love the waiver of minimum number ofparking spaces 114Yequired; 102 existing) based on the finding5contained in the parking letter submitted by the applicant and approved by staff as summarized in paragraph 15 of this report and the attached resolution. (c) By resolution, approve in hart, Condit(onal Use Permit No. 2005-05060 apnrovino the full-service restaurant with an accessory billiard facility, .and denvtng the on-premises sale and corisumption of beer and wine by adtipting the attached restitution including the findings end conditions contained therein:' IN THE EVENT THE COMMISSION CHOSES TO APPROVE THIS REQUEST THEFO~LOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS AN INTERDEPARTMENTAL COMMITTEE AND ARE RECOMMENDED FOR ADOPTION BY THE PLANNING COMMISSION. ..Page 8 . ................. . Staff Report to the Planning Commission February 6, 2006 Item No. 6 1. That the sales of beer and wine for on-premises cbnsumption shall expire one (1) year from the` date of this resolution on February 6, 2007, unless a valid Type 41 license has been issued by the California Department of Alcoholic Beverage Control. 2. That the hours of operation shall belimited to the following: Sunday -Thursday 11:00 AM to 1:00 AM Friday -Saturday 11:00 AM to 2:00 AM 3. No admission fee, cover charge, advance prepayment for meals, or similar fee shall be imposed upon patrons as a condition of entry to the premises. 4. That the establishment shall be operated as a "Bona Fide Public Eating Place" as defined by Section 23038 of the California Business and Professions Code. 5. That food service with a full meal shall be available from opening time until either 10:00 P.M. or closing time, whicheverbccurs first; on each day of operation. 6. That there shall be no bar or lounge maintained on the property unless licensed by Alcoholic Beverage Control and approved by the City of Anaheim.. 7. That no "happy hour" type of reduced price alcoholic beverage promotion shall be allowed. 8. That there shall be no video, electronic, or other amusement devices or games maintained withih subject establishment without issuance of proper permits as required by the Anaheim Municipal Code: 9. 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. -- 10. That trash bins or barrels shall be stored outside of public view. 11. That there shall be no public telephones omthe premises'Ibcated outside the building. 12. Thetall trash generated from the facility sha(I be properly contained in trash bibs contained within approved trash enclosures: 13. That all debris in the parking areas and around the building shall be removed immediately and the property shall be maintained free of litter at all times: 14. That the parking area shall be re-paved and re-striped. 15. Thak the parking lot serving the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot:: Said lighting shall be directed, positioned, and shielded. in such a manner so as not to unreasonably illuminate the window areas of adjacent properties, and that said lighting;: , information shall be specified on plans: submitted for building permits. 16. That the owner of subject property shall be responsible for the removal of any on-site graffiti within twenty-four (24) hours of its application. Page 9 Staff Report to the Planning Commission February 6, 2006 Item No. 6 _. 17. Thatwindow signs shall be prohibited and the existing tinting shall 6e removed from the windows to allow natural surveillance into the restaurant:' 18. That no advertising of alcoholic beverages shall be located, placed; br attached to any location outside the building; and that any such advertising shall not be audible (interibr or exterior). 19. That the activities occurring in conjunction with the operation of this establishment shall not cause noise disturbance to surrounding properties. 20. That the sale of alcoholic beverages shall not exceed forty percent (40%) of the gross sales of all retail sales during any three (3) month period. The applicant shall maintain records on a quarterly basis showing the separate amounts of sales of alcoholic beverages and other'items. These records shall be subject to audit, and made available, when requested by any City of Anaheim official during reasonable business hours. 21. That subject alcoholic beverage license shall not be exchanged for apublic 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: 22. That all alcoholic beverages shall be consumed on the premises. 23. Thaf consumption of alcoholic beverages shall remain in the designated dining areas as indicated on the Floor plan and serving of alcoholic beverages shall 6e limited only to the dining areas. 24. That ho display of beerbr`wine shall be located outside the building or within five (5) feet of any public entrance to the building.. 25. That the sale of alcoholic beverages shall be made to customers only when the customer is inside the building: 26. That all doors serving subject establishment shall. comply with the requirements of the Uniform Fire Code and shall be kepYclbsed'and unlocked at all times during hours of operation except for ingress/egress, deliveries, and in cases of emergency: 27. That there shall be no more than eight (8) pool tables maintained within subject establisfinent and proper permits as required by the Anaheim Municipal Code shall be required for said pool tables: 28. That the business operator shall comply with Section 24200.5 of the Business and Professions Code so as not to employ or permihahy persons to solicit or encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission, ;percentage; salary, orbtherprofit-sharing plan; scheme, or conspiracy. 29. That any and altsecurity officers provided shall comply with all State and Local ordinances regulating their services; inclutling, without limitatidn; Chapter 11.5 of Division 3of the California Business and Profession Code (Section Nb. 4.16.070 Anaheim Municipal Code). 30: That the business be equipped with a comprehensive alarm system for the perimeter of the building and access route protection. Page 10 Staff Report to the Planning Commission February 6, 2006 Item No. 6 31. That aburglary/robbery alarm permit application, Form APD 516, be completed and returned to the Anaheim Police Department prior to initial alarm activation. This form is available at the Police Department. front counter 32. That a File Emergency Listing Card, Form APD-281, be completed and returned to the Anaheim Police Department. This form is available at the Police Department. 33. That reap entrance doors shall be numbered with the same address number and shall be illuminated during hours of darkness. Said information shall be specifically shown on plans submitted for building permits. 34. That four (4) foot high rooftop address numbers shall be painted flat on the roof in contrasting. color to the rooftop material and shall not'be visible from ground level. Said information shall be specifically shown on plans for building permits.. 35. That all exterior doors shall have their own Tight source, which shall adequately illuminate door areas at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. 36. That the property owner shall submif a letter requesting termination of Conditional Use Permit No: 4050 (to permit and retain en existing commercial center, 2,200 square fdof cdnveniende market, and to permit the sale of beer and wine for on-premises consumption within an existing 5,005 square foot billiard hall) and Condition Use Permit No. 2138 (to permit a public dance hall (withouf food service) with a waiver of minimum number of parking spaces)to the Zoning Division. 37. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are oh file with the Planning Department marked Exhibit No. 1; and as conditioned herein. 38. That prior to issuance of a building permit; or within a period of one (1) year from the date of this '_.Y . resolution, whichever occurs first, and prior to sales of beer and,winefor on-premises " ~ consumptioh in the restaurant, Condition Nos. 15, 17, 27, 33, 34, and 36 above-mentidned, sfiall be complied with. 39. That prior to final building and zohing inspections, Condition Nos. 30, 31, and 32, above- mentioned, shall be complied with. 40. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of this request regarding any other applicable ordinance, regulation, or requirement: Page 11 [DRAFT] RESOLUTION NO. PC2006--` A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE. PERMIT NO. 2005-05060 BE APPROVED IN PART, DENYING THE REQUEST FOR ON-PREMISES SALES AND CONSUMPTION OF BEER AND WINE 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 1 OF TRACT NO. 3686, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,.' STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 151, PAGES 8, 9 AND 10 OF MISCELLANEOUS .MAPS, RECORDS OR ORANGE .COUNTY,. CALIFORNIA. EXCEPT THEREFROM THE WESTERLY 130.00 FEET ON THE NORTHERLY 120.00 FEET, SAID 130 FEET AND 120.00 FEET BEING MEASURED FROM THE TANGENT. PORTIONS OF THE WESTERLY AND NORTHERLY LINES, RESPECTIVELY, OF SAID LOT 1. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 6, 2006, at 2;30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for. and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find.- : and determine the following facts: 1: That the proposal is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section:.. 2. That this use permit is granted, in part, approving the billiard facility accessory to the wrestaurant use, denying,the sales of beer and wine for on-premises consumption because approval would arversely affect the surrounding area and exacerbate the high crime rate_(333%.above the average forlhe ' _. City of Anaheim). 3; That approval of the beer and wine sales could adversely affect the surrounding multiple- family residential, senior citizen housing, and elementary school. land uses by allowing alcohol consumption by patrons at late hours and exacerbate an area of high crime; and in doing so, cause a detriment to the health and safety of the citizens of Anaheim. 4. That granting on-site beer and wine consumption with a restaurant in conjunction with an accessory billiard hall makes the proposed use very similar to a recreational or bar-type facility and would potentially exacerbate the existing above-average crime rate by providing a use with late evening operating hours and the potential for loitering. 5, That the proposed restaurant with accessory billiard facility without the beer and wine sales would not adversely affect the adjoining land use as witnessed by the existing billiard facility with accessory restaurant. 6. That the proposed accessory billiard use is an authorized land use subject to the approval of a conditional use permit. CR\PC2005-0 -1- PC2005- 7. That the parking waiver, under the conditions imposed, will not cause fewer off-street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to the proposal under the normal and reasonably foreseeable conditions of operation of such use since 75% of the existing tenants in the commercial center are closed after 7 P.M. whale the proposed restaurant with accessory billiard hall's peak hours of operation are expected'fd tie in the evening hours between 7 P.M. through 10 P.M. . 8. That the waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposal since 50% of the existing parking lot remains underutilized after 7 P.M. 9. That the waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposal since the anticipated parking demand can be accommodated by the parking provided on the property. 10. That the waiver, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for the proposal since the existing parking lot has adequate access and parking, it is anticipated that all of the traffic for the uses in this center would be contained on-site. 11. That the waiver, under the conditions imposed, will not impede vehicular .ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposal since the existing parking lot provides ingress and egress along Lincoln Avenue and Westchester Drive. 12. 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 Conditional Use Permit No. 2005-05060- to permit a billiard facility with on-premises sale and consumption of beer and wine in conjunction with. afull-service restaurant; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. _.,_. NOW, THEREFORE; BE IT RESOLVED that the Anaheim Planning Commission does hereby approve the request in part, approving the non-conforming billiard facility accessory to the proposed 4 fuH-service restaurant, denying the request for sales of beer and wine for on-premises consumption; upon. the following conditions which are hereby found to be a necessary .prerequisite to the use as approved, of the subject property in order to preserve the health and safety of the City of the City of Anaheim:. L That the hours of operation shall be limited to the following: Sunday -Thursday 11:00 AM to 1:00 AM Friday- Saturday 11:00 AM to 2:00 AM 2. No admission fee, cover charge, advance prepayment formeals, ar similar fee shall be imposed upon patrons as a condition of entry to the premises. 3. That the establishment shall be operated as a "Bona Fide Public Eating Place" a5 defined by Section 23038 of the California Business and Professions Code. 4. That food service with a full meal shall be available from opening time until either 10:00 P.M, or closing time, whichever occurs first, on each day of operation. -2- PC2005- 5. 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 6. That there shall be no video, electronic, or other amusement devices or games maintained within subject establishment without issuance of proper permits as required by the Anaheim Municipal Code. 7. That there shall be no public telephones on the premises located outside the building 8. That trash bins or barrels shall be stored outside of public view. 9. That all trash generated from the facility shall be properly contained in trash bins contained within approved trash enclosures: 10. That all debris in the parking areas and around the building shall be removed immediately and the property shall be maintained free of litter at all times: 11. That the parking area shall be re-paved and re-striped. 12. That the parking lot serving the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Said lighting shall be directed, positioned, and shielded in such a manner so as not to unreasonably illuminate the window areas of adjacent properties, and that said lighting information shall be specified on plans submitted for building permits. 13. That the owner of subject property shall be responsible for the removal of any bri-site graffiti within twenty-four (24) hours of its application. 14. That the activities occurring in conjunction with the operation of this establishment shall not cause " noise disturbance to surrounding properties. 15. That all doors serving subject establishment shall complywith 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', deliveries, and in cases of emergency. - ~ 16. That there shall be no more than eight (8) pool tables maintained within subject establishment and. _ ~ proper permits as required by the Anaheim-Municipal Gode shall be required for said pooltables. - Said information shall be specifically shown on plans submitted for building permits. 17. That window signs shall be prohibited and existing tinting shall be Yemoved from the windows td allow natural surveillance into the restaurant. 18. That any and all security officers provided shall comply with all State and Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code (Section No. 4.16.070 Anaheim Municipal Code). 19. That the business be equipped with a comprehensive alarm system for the perimeter of the building and access route :protection. 20. That aburglary/robberyalann permit application, Form APD 51fi, be completed and returned to the Anaheim Police Department prior to initial alarm activation. This form is available at the Police Department front counter. 21. That a File Emergency Listing Card, Form APD-281, be completed and returned to the Anaheim. Police Department. This form is available at the Police Department. _3- PC2005- 22. That rear entrance doors shall be numbered with the same address number and shall be illuminated during hours of darkness. Said information shall be specifically shown on plans submitted:for building permits. 23. That four (4) foot high rooftop address numbers shall be painted flat on the roof in contrasting color to the rooftop material and shall not be visible from ground level. Said information shall be specifically shown on plans for building permits. 24. That all exterior doors shall have their own light source, which shall adequately illuminate door areas at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. 25. That the property owner shall submit a letter requesting termination of Conditional Use Permit No. 4050 (to permit and retain an existing commercial center, 2,200 square foot convenience market, and to permit the sale of beer and wine for on-premises consumption within an existing 5,005 square foot billiard hall) and Condition Use Permit No. 2138 (to permit a public dance hall (without food service) with a waiver of minimum number of parking spaces)to the Zoning Division. 26. 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. 12, 16, 22, 23, and 25 above-mentioned, shall be complied with:. 27. That prior to final building and zoning inspections, Condition Nos. 19, 20, and 21, above-mentioned, shall be complied with. 28. 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 this 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 applicants 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. r ~_ BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 7 days of the issuance of a final invoice, prior to the issuance of building permits or commencement of activity for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of February 6, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2005- STATE OF CALIFORNIA } COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on February 6, 2006, 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 .2006. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION _5_ PC2005- ATTACHMENT - Item No. 6 PHE~~' C~ ra -- a<~, !o/ \o ~~ ~z~ is( ~'~ ~;~ _- `NOED ~ C~ity~~rr ofA~~naheimp 7(y 7~~ ~7 Y ®9.~~~~i ~~~L'k.Y~~lO'JL~l'V Special Operations Division To: Ivmberly Wong Planning Department From: Sergeant Mike Lozeau Vice Detail. Date: January 18, 2006. RE: CUP 2005-05060 Maria's Pizzeria-Billiards 3242 W. Lincoln Anaheim, CA 92804 The Police Department received the I.D.C. route sheet for CUP 200: 05060. The applicant is requesting to reduce the number of billiard tables and increase the area and tables for dining and to serve beer and wine. The location is within Reporting District 1714, which has a crime rate of 333 percent above average (it went up with year end stats). It is also within census tract 869:01, which has a population of 8,978. This population allows for 10 On Sale licenses and there is presently 1 license in the tract. This population also allows for 6 Off Sale licenses and there are presently 6 active licenses in the tract. The Police Department had no calls for service to this address in the last year. The Reporting District to the north of this location is 1614 and has a crime rate of 40 percent below average-The Reporting District to the south is 1814 with a crime rate of 32 percent above average. The Reporting District to the west is 1713 with a crime rate of 30 percent below average. The Reporting District to the east is 1715 with a crime rate of 129 percent above average. The Police Department strongly recommends denial due to the extremely high crime rate. This reporting district has the highest crime rate for the entire city! This high density neighborhood has been plagued with gang problems. There are two long standing gangs with members in this area, Folks and W 18~h St. There is an Elementary, Jr. High and a High School in the very nearby vicinity. There is a problem with drug sales in the area. There is already a liquor store in that strip mall that is frequented by transients and drunks. The Police Department feels that the addition of an ABC license at this location Anaheim Police Dept. 425 S. Harbor Blvd. Anaheim, CA 92805 TEL: 714.765.1401 FAX: 714.7fi5.1665 Memorandum Kimberly Wong _. Maria's Pizzeria-Billiards would further add to the problems ih this area, and the safety "and welfare of the citizens of Anaheim. If the request for Public Convenience or Necessity is granted, the Police Department would recommend the same conditions requested on the Pre-file memo. If further information is required please contact me at extension 1451 '. f:\hpmeUnmirwin12005-05060 Maria's Piaeda-@Illiards:dpc Page 2 ATTACI-A1ENT - Item No. 6 City of Anaheim P®I~IC~ I~E~AI~T'I~dE1~TT Special Operations Division To: Kimberly Wong Planning Department From: Sergeant Mike Lozean Vice Detail Date: July 7, 2005 RE: P1tF 2005-00048' Maria's Pizzeria-Billiards 3242 W. Lincoln Anaheim, CA 92504 The Police Department received the I.D:C. route sheet for PRE 2005- 00048. The applicant is requesting to reduce the number of billiard tables and increase the area and tables for dining and to serve beer and wine. Anaheim Police Depk 425 S. Harbor Blvd. Anaheim, CA 92805 TEL: 714.765.1401 FAX: 714.765.1665 The location is within Reporting District 1714, which has a crime rate of 286 percent above average. It is also within census tract 869.01, which: has a population of 8,978. This population allows for 10 On Sale licenses and there is presently 1 license in the tract. This population also allows for 6 Off Sale licenses and there are presently 6 active licehses in the tract. The census tract boundaries are: North Lincoln Avenue South Ball Road „_„y _ , East Western Avenue West Knott Avenue Off Sale licenses in the applicants census tract: 3430 W. Lincolh Avenue 3268 W. Lincoln Avenue 550 S. Knott Avenue 3460 W. Orange Avenue. 3454 W. Lincoln Avehue 3420 W. Lincoln Avenue On Sale license in the applicants census tract: 3330 W. Lincoln Avenue Memorandum __ Kimberly Wong Maria's Pizzeria -.Billiards The census tracts surrounding this .location are as follows: North -Buena Park South - 878.01 population 4,890 On Sale allowed 6/active 5 Off Sale allowed 3/active 7 pending 1 East - 869.02.. population 4,921 On Sale allowed 6/active 4 Off Sale slowed 3/active 3 pending 1 1 pending West- 1102.02 population 7,757 On Sale allowed 9/active t Off Sale allowed 5/active 1 Additional Census Tract information: North East-Buena Park North West -Buena Park South West -1102.03 population 5,453 Oh Sale allowed 6/active 1 Off Sale allowed 4/active 3 South East = 878.02 population 6,725 On Sale allowed 8/active 2 Off Sale allowed 5/active 5 The Police Department had no calls forservice to this address in the - last year. The Reporting District to the north of this location is 1614 and has a crime rate of 40 percent below average. The Reporting District to the south is 1814 with a crime rate of 32 percent above average. The Reporting District to the west is 1713 with a crime rate of 30 percent below average. The Reporting District to the east is 1715 with a crime rate of 129 percent above average. The Police Department strongly recdmmends denial due to the extremely high crime rate. This high density neighborhood has been plagued with gang problems. There are two long standing gangs with members in this area, Folks and W 18~' St. There is an Elementary, Jr. High and a High School in the very nearby vicinity. There is a problem with drug sales in the area. The Police Department feels that the addition of an ABC license at this locatioh would further add to the problems in this area, and the safety and welfare of the citizens of Anaheim. if the request for Public Convenience or Necessity is granted, the Police Department recommends the following conditions be placed on the C.U.P.: Page 2 Memorandum Kimberly Wong Maria's Pizzeria-Billiards 1) At all times when the premise is open for business, the premise shall be maintained as a bona Fde restaurant and shall provide a menu containing an assortment of foods normally offered in such restaurant. 2) There shall be no bar or lounge area upon the licensed premise maintained for the purpose of sales, service, or consumption of alcoholic beverages directly to patrons for consumption. 3) The gross sales of alcoholic beverages shall not exceed 40 percent of the gross sales of all retail sales during any three (3) month period. The applicant shall maintain records on a quarterly basis indicating the separate amounts of sales of alcoholic beverages and other items. These records shall be made available for inspection by any City of Anaheim official when requested. 4) There shall be no live entertainment, amplified music or dancing ', permitted on the premise at any time. 5) The sale of alcoholic beverages for consumption off the premise shall be prohibited. 6) There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or __ indicating the availability of alcoholic beverages. r- __.._ 7) The activities occurring in conjunction with the operation of this - " establishment shall not cause noise disfurbarce to surrounding properties. S) That subject alcoholic beverage license shall not be exchanged for a public premise (bar) type license nor shall the establishment be operated as a public premise as defined fn Section 23039 of the Business and Professions Code. 9) There shall be no admission fee, cover charge, nor minimum purchase required. 10) That all doors serving subject restaurant shall conform to the requirements of the Uniform Fire Code and shall be kept closed at all times during the operation of the premises except for ingress/egress, permit deliveries and in cases of emergency. Page 3 Memorandum Kimberly Wong Maria's Pizzeria-Billiards 11) There shall be no public telephones on the property that are located outside the building and within the control of the applicant. 12) Any and all security officers provided shall comply with all State and Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code. (Section 4.16.070 Anaheim Municipal Code) 13) No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed. 14) Petitioner shall not share any profits, or pay any percentage or commission to a promoter orany other person, based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders, or the sale of drinks. If further information is required please contact me at extension 1451. f:~homeMmlrwfn~2005-00048 Made's Piaeda-BIIIIards.doc Page 4 ATTACIA"~ENT - Item No_ 6 m ~W 6 °~ LL W W W~ n W 666Q 6 ~ y3.`O N Z Z 2 2 j~ W pS ~ ~ ~ j 2 2 Z Z m Q Q K K OOOOOQQ ~~ FOOU OU OOS zzzz=ok ~~ w,2-,~~~»~~ zi m~ 333333 Z° 33 3333333m xY 33 Y No0_O O ~ NN m u~~~ gr~ gnnn~m~m m~ N m~nn mn /~^ 1- ° O ° 5 O V, Z W W d, U Z_ O LL U Q ~Y ? 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