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PC 2007/04/02a ire Ian i ~ssi a ®raday, e4pril 2, 2007 Council Chamber, City HaII 200 South Anaheim Boulevard, Anaheim, California ® Chairman: Gail Eastman ® Chairman Pro-Tempore: Kelly Buffa ® Commissioners: Stephen Faessel, Cecilia Flores Joseph Karaki, Panky Romero, Pat Velasquez . Call To Order . Preliminary Plan Review 1:00 P.IIA. • Staff update to Commission on various City developments and issues (As requested by Planning Commission) • Preliminary Plan Review for items on the April 2, 2007 agenda ® Recess To Public Hearing ® Reconvene To Public Hearing 2:30 P.M. ® Pledge Of Allegiance ® Public Comments ® Consent Calendar ® Public Hearing hems ® Adjournment You may leave a message for the Planning Commission using the following e-mail address: planninacommissian(o~anaheim.net H:\docslclerical\agendas\(4/2/2007).doc (04/02/07) Page t 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. Reoorts and Recommendations Minutes 1A. Receiving and approving the Minutes from the Planning Commission Meeting of March 5, 2007. (Motion) Continued from the March 19, 2007 Planning Commission Meeting. 16. Receiving and approving the Minutes from the Planning Commission Meeting of March 19, 2007. (Motion) H:\docs\cl eri ca I\agend as\(4/2/2007). doc Request for continuance to April 30, 2007 (04/02107) Page 2 Public Hearing Items: 2a. CEQA NEGATIVE DECLARATION 2b. WAIVER OF CODE REQUIREMENT Request for continuance 2c. CONDITIONAL USE PERMIT N0.2006-05164 to May 14, 2007 Owner: Daniel Rubalcava, 508 North East Street, LLC, Anaheim, CA 92807 Agent: Greg Howell, 20561 Suburbia Lane., Huntington Beach, CA 92646 Location: 508 North East Street: Property is approximately 1.15 acres and is located at the northeast corner of Sycamore Street and East Street (La Reina Market). Request to permit the expansion of an existing legal non-conforming market with sales of beer and wine for off-premises consumption and to establish land use conformity for an existing legally non-conforming commercial retail center with waiver of minimum number of parking spaces. Continued from the January 8, March 5, and March 19, 2007, Planning Project Planner: (kwong2 aQanaheim.net) Commission meeting. Conditional Use Permit Resolution No. 3a. CEQA NEGATIVE DECLARATION 3b. RECLASSIFICATION NO. 2007-00193 Owner: Anaheim Redevelopment Agency, 201 S. Anaheim. Boulevard #1003, Anaheim, CA 92805 Agent: Anaheim Redevelopment Agency, 201 S. Anaheim. Boulevard #1003, Anaheim, CA 92805 Location: 557 South Olive Street: Property is approximately 0.23- acre and is located at the northwest corner of Olive Street and Water Street with frontages of 70 feet on the west side of Olive Street and 145 feet on the north side of Water Street. City-initiated request for reclassification of the subject property from the I (Industrial) zone to the RS-3 (Single-Family Residential) zone. Project Planner: Reclassification Resolution No. (skoehm@anaheim.net) H:\docs\clericallagendas\(4/2/2007).doc (04/02/07) ' Page 3 4a CEQA NEGATIVE DECLARATION 46. GENERAL PLAN AMENDMENT NO. 2007-00451 4c. RECLASSIFICATFON NO. 2007-00194 4d. TENTATIVE PARCEL MAP N0.2b06-285 Owner: Elisa Stipkovich Anaheim Redevelopment Agency, 201 S. Anaheim Boulevard, Anaheim, CA 92805 Agent: Clean City, 128 W. Sycamore Street, Anaheim, CA 92805 Location: 1128 West Lincoln Avenue and 1221 West Center Street: Area 1: This 0.68-acre area consists of multiple properties west of the southwest corner of Lincoln Avenue and West Street, with a frontage of 255 feet on the south side of Lincoln Avenue and a maximum depth of 151 feet (1128 West Lincoln Avenue and 1221 West Center Street - Five Points). Area 2: This 0.5-acre area consists of multiple properties at the southwest corner of Lincoln Avenue and West Street, with a frontage of 102 feet on the south side of Lincoln Avenue and a maximum depth of 151 feet (1.221 West Center Street -Five Points). Area 3: This 0.95-acre area consists of multiple properties at the southwest corner of Lincoln Avenue and West Street, with a frontage of 565 feet on the south side of Lincoln Avenue and a maximum depth of 151 feet. General Plan Amendment No. 2007-00451 -City-initiated request to amend the land use element of the General Plan redesignating the property in Area 1 from the Low Density Residential designation to the Mixed Use designation. Reclassification No. 2007-00194 -City-initiated request for reclassification of the subject property in Area 2 from the RS-2 (Single- Family Residential) zone to the C-G (MU) (General Commercial, Mixed Use Overlay) zone, or a less intense zone. Tentative Parcel Map No. 2006-28 - To consolidate seven parcels into one parcel for a future residential/commercial mixed use subdivision for Area 3. General Plan Amendment Resolution No. Reclassification Resolution No. H:\docs\clerical\agendas\(4/2!2007 ).doc Project Planner: (dseeQanaheim.netJ (04/02/07) Page 4 5a CEQA CATEGORICAL EXEMPTION -CLASS 1 5b. CONDITIONAL USE PERMIT NO. 3156 (TRACKING NO. CUP2007-05192) Owner: Realty Associates Fund VI, L.P., 1301 Dove Street, Suite #860, Newport Beach, CA 92660 Agent: Margaret Jensen, Davis Partners, 2114 W. Crescent Avenue, #201, Anaheim, CA 92801 Location: 701 East Ball Road: Property is approximately 6.4 acres, having a frontage of 335 feet on the north side of Ball Road and is located 700 feet west of the centerline of Lewis Street. Request to amend an existing conditional use permit to allow office uses in an existing industrial complex and to permit abusiness/educational school. Project Planner.• Conditional Use Permit Resolution No. (skoehm@anaheim.net) 6a. CEQA CATEGORICAL EXEMPTION -CLASS 3 6b. WAIVER OF CODE REQUIREMENT 6c. CONDITIONAL USE PERMIT NO. 2007-05193 Owner: William E. and Connie M. Hunter, 1621 N. Lincoln Boulevard, Livingston, CA 95334-9617 Agent: Kris Hanna, 1091 Turndale Road, La Habra, CA 90631 Roger Anderson, 310 W. Orangethorpe Avenue, Placentia, CA 92870 Location: 1431 North Daly Street: Property is approximately 0.41- acre, having a frontage of 339 feet on the south side of Daly Street and is located 594 feet southeast of the centerline of Via Burton Street. :Request to permit a dog daycare and boarding facility with waivers of (a) minimum number of required parking spaces, and (b) required enclosure project Planner. of outdoor uses. (ethien@anaheim.nef) Conditional Use Permit Resolution No. H:\docs\clerical\agendas\(4/2/2007).doc (04!02/07) Page 5 7a. 7b. 7c. 7d. Owner: Canyon Plaza LLC, 503 32"d Street, Suite #200, Newport Beach, CA 92663-3820 Agent: Jack Jakowsy 503 32"d Street, Suite #200, Newport Beach, CA 92663 Location: 5761 East Santa Ana Ganyon Road: Property is approximately 15-acres and is located at the northeast corner of Santa Ana Canyon Road and Imperial Highway. Conditional Use Permit No. 2007.05191 -Request to expand an existing commercial retail center to construct a small market with sales of beer and wine for off-premises consumption and accessory roof-mounted equipment with waiver of minimum number of parking spaces. Determination of Public Convenience or Necessity No. 2007-00033 - To permit sales of beer and wine for off-premises consumption within a proposed grocery store. Conditional Use Permit Resolution No. Public Convenience or Necessity Resolution No. Project Planner: (ethienQa anaheim.net) H:ldocs\clerical\agendas\(4/2/2007).doc (04/02/07) Page 6 Adjourn To :Monday, April 16, 2007 at 1:00 P.M. for Preliminary Plan Review. H:\docs\clerical\agendas\(4/2/2007).doc (04/02/07) Page 7 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 10:00 a.m. (TIME) LOCATION: CO NCIL CI COUN( SIGNED: ~ ~ ~~ March 29, 2007 (DATE) DISPLAY CASE AND AY KIOSK If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION ACTION Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits and Variances will be final 22 days after Planning Commission action and any action regarding Tentative Tract and Parcel Maps will be final 10 days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. ANAHEIM PLANNING COMMISSION In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning Department, (714) 765-5139. Notification no later than 10:00 a.m. on the Friday before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Recorded decision information is available 24 hours a day by calling the Planning Department's Automated Telephone System at 714-765-5739. H:\docs\clerical\agendas\(4/2/2007):doc (04/02/07) Page 6 SCHEDULE 2007 April 16 April 30 May 14 May 30 (Wed) June 11 June 25 July 9 July 23 August 6 August 20 September 5 (Wed) September 17 October 1 October 15 October 29 November 14 (Wed) November 26 December 10 December 24 H:\docs\clerical\agendas\(4/2/2007).doc (04/02/07) • Page 9 l Item No. 2 5g.5 'ZZ \ °vP~PN' ~A N ~ ov N cv ~ zooo- ~cvxooi' Nl\~H~ PST tll ~ Conditional Use Permit No. 2006-05164 m r o ~ 0 r2 ~ ~riH ~ / \ m \\® ~ P~ENUE ~x GIENW~~~ .,, _.._.~.c Requested By: 508 NORTH EAST STREET, LLC 508 North East Street - La Reina Market ~0 ~II ~ 'I DU a~ 10203 Ft•U~~~ 1 _ _ Subject Property Date: April 2, 2007 Scale: 1" = 200' Q.S. No. 92 Staff Report to the Planning Commission. April 2, 2007 Item No. 2 2a. CEQA NEGATIVE DECLARATION 2b. WAIVER OF CODE REQUIREMENT 2c. CONDITIONAL USE PERMIT NO. 2006-05164 (Motion for Continuance) SITE LOCATION AND DESCRIPTION: (1) The property is identified as 508 North East Street - La Reina Market.: REOUESTs (2) The applicant requests approval of a conditional use permit to permit the expansion of an existinglegal non-conforming market with sales of beer and wine for off-premises ' consumption and to establish land use conformity for an existing legalfyvon-conforming commercial retail center under authority of Code Section No. 18.08.030.040.0402 (Alcoholic Beverage Sales-Off-Sale), (Markets-Small) and (Commercial Retail Centers) with waiver of the following provisions: (a) SECTION NO: 18.42.040.010 Minimum number of garking spaces. 101 required; 71 proposed) BACKGROUND: (3) This property is developed with a nine (9) unit commercial retail shopping center and is in - the Geheral Commercial (C-G) zone. The General Plan designates this property for General Commercial land uses. The General Plan further designates properties in all directions for Medium Density Residential land uses.. This property is located within the Merged Redevelopment Area (4) This item was continued from the January 8; 2007, March 5; and March 19, 2007, Commission meeting for an update tq the parking study based on public testimony regarding on-street parking. (5) Greg Howell; the applicant's representative, has submitted the attached letter dated March 2t3, 2007, requesting a continuance of this item to the May 14, 2007, Commission meeting in order to allow additional time to secure additional parking spaces and td meef with the community regarding traffic and parking concerns expressed at the previous public hearing. RECOMMENDATION: {6) Staff recommends the Commission, by motion, continue this item to the May 14, 2007, Planning Commission meeting as requested by the applicant. Srcup2006-05164k1w_4207_cont.doc Page 1 - - Attachment -Item No. 2 From: Greg Howell [mailto:greg@skyvlewhomes.com] Sent: Wednesday, March 28, 2007 7:00 AM To: Kimberly Wong Subject: Re: La Reina Hi I{imberly, The Rubalcabas' aze requesting a continuance to May 14. Ken Hamilton's site does not hold promise. Moving the trash en-closer will only net 6 spaces, if approved. I will update you when we have a plan. Regards, Greg Item No. 3 gSR EES ~ SP~.1S A PNP -1 1 ~ VPR 3461 C }~ 4 CUP 187 R~3pp15g ... G~2p05 p5gj6 ~ ~m (~ GUPGPP398 j P 1874 c CU ~Y ZONE RS 3x53 SpR poR pVER OOR ® ` RCL 2007-00193 RC1"U EpGN 1 D pVE TN ~ CUP4p99 ~ E"SWGR 1 VAR 1947-5 ~~41g VPP ~~NO~ VAR 1946-7 VACANT M s ~uv3flo ~ NEDI~ a m No REES tpBP G R5- 90:53 g ~ ~ ~ ,; ~..., ~ ~ SS W 04Eµ ' o R DU EPC~ ' ` to c ~C 1 b '° 1q5, E~ ~ z i SCR S® ' m W A - µM'3 0169 o ~ i µCL 22p0p6 p5p72 ~ n CU VPµ 3536 T OpB v RS 3 1 OUP 2740 EACH m > m i ~ ° PD GPp0g9pp124~S FARM TRO ~ 0 1 GU ~~ P 1N . sM ? = ~~ m~ s ?~ µB9 RC` 98.53 N RS-3 53 ~m oz- '~ 8g-9p a C1 u~ ~ w R vPa2o . 64461 y O x R~'!'-9 169 3 9 0-53 >= z µC C~p6p 7A50 2 2 2 4 G .9 GL 9 68 y 34 g ~ UP 24 R VP 3530 G VN O Z J0165 ~ m ~~ -o VPµ p138 PGA 0086 J N APR 3163 A ~ GPP3Ap1241 ~ tRCU2P~ NT i n ~ my' ~ 3664 S-3 V ~ µS-90-59 RCS 89 g H NCH ~ 11 Y= Y _.. ~ ` R~DU EPG 1 DU ~ N ~ Subject Property Reclassification No. 2007-00193 Date: April 2, 2007 Scale: 1" = 200' Requested By: ANAHEIM REDEVE LOPMENT AGENCY Q.S. No. 84 557 South Olive Street tozas Reclassification No. 2007-00193 Requested By: ANAHEIM REDEVELOPMENT AGENCY 557 South Olive Street Subject Property Date: April 2, 2007 Scale: 1" = 200' Q.S. No. 84 10245 Staff Report to the Planning Commission April 2, 2007 Item No. 3 3a. CEQA NEGATIVE DECLARATION (Motion) 3b. RECLASSIFICATION NO. 2007-00193 ;; (Resolution) .SITE LOCATION AND DESCRIPTION: (1) The property is identifiedas 557. South Olive Street. REQUEST: {2) Thisis a request initiated by the Community Development Department for reclassification of this property from the Industrial (I) zone to the Single-Family Residential (RS-3). BACKGROUND: (3) This property is currently vacant and is located within the Industrial zone. This property is designated for Low-:Medium Density Residential land uses in the General Plan and is located in the Merged Redevelopment Project Area: The City's Housing Elemenf designates this property as a Housing Opportunity site. The General Plad designates the surrounding properties to the north for Low and Low-Medium Density Residential lahd uses, to the south for Low Density Residential land uses, to the east for Medium Density Residential land uses; and to the west for Low Density Residential land uses: DISCUSSION: (4) This reclassification would permit the future development of a detached single family home consistent with applicable development standards. The proposed zoning is compatible with tfte single-family (RS-3) zoning of the properties to tfie west and south, and adjacent Neighborhood. (5) Although the proposed zoning is hot a typical implementation zone for the Law-Medium Dehsity Residential land use designation, the Geheral Plan allows for the use of other zones provided the established density is not exceeded. Based oh the current General Plan designation, the property would be allowed up to 4 housing units. The propdsed Single-family zone would permit one (1) dwelling unit which is the most compatible with the surrounding single-family neighborhood.. (6) The requested reclassification would facilitate the_replacement of an incompatible industrial property with newresidehtial development in an area containing other residential uses. The Redevelopment Agency has invested in new infraskructure, new housing developments, historic preservation projects; and urban office and commercial developments in the Downtown area. The proposed single-family residential zone for this parcel would complement and support the existing and proposed development in the Downtown area. SR-RCL2007-00193gsk Page 1 Staff Report to the Planning Commission April 2, 2007. Item No. 3 ENVIRONMENTAL IMPACT ANALYSIS; , (7) Staff has reviewed the p~oppsal to reclassify this property from the (1) Industrial Zpne to the RS-3 (Single-Family, Residential) Zone and prepared the Ihitiaf Study (a copy of which is available for review in the Planning Department) which finds no significant environmental impact and, therefore, recommends that a Negative Declaration be approved. RECOMMENDATION: (8) Staff recommends that the Planning Commission take the following actions: (a) Bymotion, a rove a CEQA Negative Declaration for the project. '' (b) By resolution, approve Reclassification No. 2007-00193. Page 2 [nRA.FT] RESOLUTION NO. PC2007--"` A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION -- THAT PETITION FOR RECLASSIFICATION NO. 2007-00193 BE GRANTED. (557 SOUTH OLIVE STREET) WHEREAS, the Anaheim Planning Commission did receive a verified petition for Reclassification for real property situated in the City of Anaheim, County of Orange, State of California, described as follows: PARCEL 1: THAT PORTION OF VINEYARD LOT G3, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4, PAGES 629 AND 630 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHWESTERLY LINE OF SAID VINEYARD LOT, 10 FEET WESTERLY FROM THE SOUHWESTERLY CENTER THEREOF; THENCE NORTHERLY PARALLEL WITH THE EASTERLY LINE OF SAID VINEYARD. LOT, 91.85 FEET TO THE SOUTHERLY LINE OF LAND DESCRIBED IN THE. DEED TO THE SOUTHERN PACIFIG RAILROAD COMPANY, RECORDED MARCH 23, 1899 IN BOOK 41 PAGE 372, OF DEEDS, RECORDS OF SAID ORANGE COUNTY; THENCE WESTERLY ALONG SAID SOUTHERLY LINE, 140 FEET; THENCE SOUTHERLY PARALLEL WITH THE EASTERLY LINE OF SAID VINEYARD LOT, 92.85 FEET TO THE SOUTHERLY LINE OF SAID VINEYARD LOT; THENCE EASTERLY 140 TO THE POINT OF BEGINNING. EXCEPT THEREFROM THE SOUTHERLY 21.75 FEET. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 2, 2007, 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 reclassification 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 this is aCity-initiated request for reclassification of subject property from the 1 (Industrial) zone to the RS-3 (Single Family Residential) zone or less intense zone. 2. That the Anaheim General Plan designates the property for Low-Medium Density Residential land uses and the proposed RS-3 (Single Family Residential) zone is an appropriate implementation zone for this land use designation because the density proposed does not exceed the permitted density for this designation. 3. That the proposed reclassification of subject property is necessary and/or desirable for the orderly and proper development of the community. 4. That the proposed reclassification of subject property does properly relate to the zones and their permitted uses locally established in close proximity to subject property and to the zones and their permitted uses generally established throughout the community because it would result in a residential project that is consistent with the type of housing envisioned for the area 5. That "' indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to subject petition. CR\PC2007- -1- PC2007- CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal; 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 signifcant effect on the environment. NOW, THEREFORE, 8E IT RESOLVED that the Anaheim Planning Commission does hereby unconditionally approve the subject Petition for Reclassification to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to exclude the above-described property from the I (Industrial) zone and to incorporate said described property into the RS3 (Single Family Residential) zone. BE IT FURTHER RESOLVED, that this resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the subject property; any such rezoning shall require an ordinance of the City Council, which shall be a legislative act, which may be approved or denied by the City Council at its sole discretion: BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 2, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on April 2, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto seEmy hand this day of 2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION _2_ PC2007- Item No. 4 ANT F Q o c U r.cuv zmsml9s ~ u z9 1 n cw znns-0sOZe u 12 ~ A i® ~ R E TA E ~p NP]20 ~ S 1012 m U RE M1 SUp 3 U M L S OPS m ((1 C P W H A ~ry ~ G RCL 97-98-5 CUP 39fi9 GG RCL200]-0O19G LINCOLN AVENUE A~~,oo~0;6,~ q p /9REK 1 2SS LVP 2m5uwm CUP 1001-0181 TPM mO6Q55 pt , p ~' ,f t GPATW]-1-0151 ICUP J~O) IwPZ5651 G P1. ~ L2 fi 7 {T ` VPR2 B ~ n~ ' ICUP 201]) rt 1 , ~,. ' y 1 00 vAw ~ ~ ~ 1 ; ,~ 1 A 3 t' . GUP ~B12 ,. ' ~ T G wP YOGI P 171T~ ~, 9 • 2 200 U1 ~ 496 U 1 OU ~ N ~ , ~' REEt !- : Fj ~ OU cM ~ oyp 3 p 193 St . ® ~ TE~ °' ~ o T ~ GEN 0U .n ' ~iR`~' +s° a c~ ~ apU Z j 2 vM 11 11 TS. R E OL L J ANT °v U G U TLVP 2006-05105 U. V 20 t J1 LlIP2005-0m28 ~ U X12 P ~~~~ R E A ~o ~ suezmsao9a 1 uNr v U M L S O PS m ~ ~ p20 H c n W G RCL 97-96-5 QG CUP 3869 LINCOLN AVENUE 0.CL 200]-0019< RCL 2005GUt6i AREA 2 102' RCL T003-00112 ~in cua iw l "l mM m9ums ~ Rs- ~~ C ~ ~ GPA 2mPW161 Y ICUP JBJO) (; ~~ ,, , VPR~ i 3 tP p icuP z596) 1 ~TA1 ~ . i 20 A 41 ~ VACANT h 7 V~0 43 ;., ~ Tp a pP ~ P S ~ P O c °" ~~c yB71 229, . -p01 2 ~2p0 ~ ~U ~ " ~ y N -~ ~E t- cN n o~ ~ 3 ~U ~ ~ 193' ER gTR rn @ c o t /® LAT CE 19Lt 11 Z 'pU ~R$'V N GFP ~ apU 2 AR Ts. ~E ~~' R ~ c~ ANT m Ny < d LL 20 G U TCUP T3005-05026 Z ' V 12 ~ U ~® G ~m > R E A E V O RE i g192m~03T L 5 IO P$ ~ G P 2ll H m ~ VJ RCL W-B85 CUP 3969 LINCOLN AVENUE C-G RLL 20B]-00191 AREA 3 565' RCL10059016) RLL Z99w9m CUP ]mSO602T P`+'~ 1 ~ ~~~ B °~ ~ TPM2m0 IDJ51 s1 a m G ~TP1 ~ 2B ', l 8257 B W pf, VP ~ ~ ~'~ 260-0 5 ~ ;^ ~^ im91 jcuP IaP2195) ICUP 191]1 a h ~9y TP 9~gTTj ...,. ~ UV 2 / VACANT g ~U lG P49B t1 //729 G 200 01 2 U1DU ~PTi ~~~~ N ,i'~~ REET 1- µ ~ ou off ~ N~3D 193 T TER ® w Nm 0 ~ e LA ~ 17.+1 ~ CE ~~ ~ ti G1P ~ 'pU VPR 10 l T9" ' J 1 ~1Cfl C .-,~ General Plan Amendment No. 2007-00451 (Area 1) `"`' Subject Prop erly Reclassification No. 2007-00194 (Area 2) Date: April 2 , 2007 Tentative Parcel Map No. 2006-285 (Area 3) Scale: 1" = 200' Requested By: ANAHEIM REDEVELOPMENT AGENCY Q.S. No. 63 1128 W. Lincoln Avenue and 1221 W. Center Street (Five Points). 1o2a1 General Plan Amendment No. 2007-00451 Reclassification No. 2007-00194 Tentative Parcel Map No. 2006-285 Requested By: ANAHEIM REDEVELOPMENT AGENCY 1128 W. Lincoln Avenue and 1221 W. Center Street Five Points. Subject Property Date: April 2, 2007 Scale: 1" = 200' Q.S. No. 63 ~azai Staff Report to the Planning Commission April 2, 2007 Item No. 4 4a: CEQA NEGATIVE DECLARATION (Motion). 4b. GENERAL PLAN AMENDMENT NO. 2007-00451 (Resolutidn) 4c. RECLASSIFICATION NO. 2007-00194 (Resolution) 4d. TENTATIVE PARCEL MAP NO. 2006-285. (Motidn) , SITE LOCATION AND DESCRIPTION: (1) Thin property is identified as 1128 West Lincoln Avenue and 1221 West Center Street. REQUEST: (2) The Community Development Department requests approval of the following applications to re-use an existing historic building and its associated parking:- General Plan Amendment No. 2007-00451-This is a request to amend the Land Use Element of the General Plan redesignating Area 1 as depicted on the attached map from the Low. Density Residential designation to the. Mixed Use designation. Reclassification No: 2007-00194 -This is a request to reclassify Area 2 as depicted on the attached,map from the RS-2 (Single Family Residential) zone to the C-G (MU) (General Commercial; Mixed Use Overlay) zone. Tentative Pardel Mao No: 2006-285 -This is a request to consolidate 7 parcels into 1 parcel for a future residential/commercial mixed use subdivision for Afea 3 as depicted on the attached map. BACKGROUND: {3) The subject property is developed with a vacant, 2-story,. 7,000 square foot, historically- significant mixed use building. The General Plan designation and zoning forAreas 1-3 are shown in the folldwing table: Area 2 is contained with the boundaries of Area L " Areas 1 and 2`are contained within the boundaries of Area 3. ' (4) Reclassification No. 2005-00167 (to'reclassify the property from the C-G (Geheral Commercial) zone to the C-G (MU) (General Commercial; Mixed Use Overlay) zone), Conditional Use Permit No. 2005-05023 (to permit aresidential/commercial mixed use: development), and Tentative Tract Map Nd: 1fi784'(to'establish a 5'-lot, detachedsingle- familyresidential subdivision) were approved by the Commissidn do September 19, 2005. The C-G (MU)`zoning was finalized by the City Council to allow for the building renovation currently underway for the existing building: The proposed project would expand the subjectsite to incorporate the two westerly'parcel5 (Area 2) to accommodate a future parking lot for the ground floor commerciatuses: Tentative Tract Map No: 16784 was. Paged Existing General, Proposed General. Existing Zoning; Proposed Zoning Plan Plan Area 1 Low Density Mixed Use RS-2', C-G (MU) C-G (MU) Residential Area 2 Low Density Mixed Use RS-2 C-G (MU) Residential' Area 3 Low Density Mixed Use RS-2", C-G (MU) C-G (MU) Residential, Mixed Use" Staff Report to the Planning Commission April 2, 2007 Item No. 4 never recorded; therefore, Tentative Parcel Map Nd: 2006-285 is being propdsed to consolidate all seven parcels intobne parcel to allow for an integrated mined use + development GENERAL PLAN: (5) The General Plan provides an official guide for future development within the City and is intended to'promote an arrangemeht of land uses, highways ahd'publicservices which provide orderly development and adequate provision for public imprevements, Since the initial adoption of the General Plan in November of 1969, the Planning Commission and City Council have viewed the General Plan as being flexible within specified ranges. (6j Iri order to accommodate the proposed use of the existing historic building and its required parking on the site, a General Plan Amendment is requested on a portion of the property to have a uniform General Plan designatioh for the entire site. The building is currently being renovated to accommodate a'commercialusebn the ground floor and two residential units on the second floor: The attached Exhibit A shows the existing and proposed General Plan designations for the project site, (7) The existing Low Density Residential lahd use designation is intended toprovide for the development of conventional single-family detached houses It is implemented by the RS- 1, RS-2, RS-3 and RH-3 zones. Typical developmenEconsists of single-family lots of 5,000 tb 10,000 square feebThepermitted density range is from zero tb 6'.5 dwelling units per gross acre:? (6) The Mixed'Use land use designation is designed to function differently from the typical patterns of individual; segregated lahd uses: Uses and activities are designed together in an integrated faehion to create a dynamic urban environment that serves as the center of activity fotthe surreunding aree: The designation provides opportunities for an integrated mix of residential; retail, service; entertaihment and dffice opportunities in`a' pedestrian- friendly envirdnmeht: Because of their more intense cdmpact nature of development; Mixed Use areas encourage the use of transit service and other forms of transportation, including pedestrian and bicycle travel. Depending upon a project's location, the Mixed- Use designation is implemented by one of three Zoning districts: the Downtown Mixed-Use Overlay; The Platinum Triangle Mixed-Use Overlay; end, for areas outside of The Platinum Triangle or Downtown areas, the Mixed-Use Overlay Zone. PROPOSAL:. (9] The project site also has a mix of zoning designations. The applicant proposes to reclassify Area 2 from the RS-2 zone to the C-G (MU Overlay) zone in conformance with the proposed Mixed Use land use designation in order to permit there-use of the Five Points building for aresidential/commercial mixed use development (10) This property is currently comprised of seven legal parcels. The map depicts the existing mixed use butlding,on Parcel 1. The applicant requests approval of a tentative parcel map. to consolidate the 7 parcels within Area 3 to create one usable lot ENVIRONMENTAL IMPACT ANALYSIS: (11) Staff has reviewed the proposal to permit eresidential/commercial mixed use development. and prepared thelnjtial Study (a copy of which is available for review in the Planning Department) which$nds no significant environmental impacfand, therefore; recommends that a Negative Declaration be approved.. Page 2 J Staff Report to the Planning Commission April 2, 200T Item No. 4 EVALUATION:: (12) The applicant proposes a general plan amendment to redesignate Area 1 from the Low DensityResidential desighation td the Mixed Use designation and a reclassificatioh pf Area 2 from the RS-2 zone to the C-G (MU) zone: Staff believes the proposed redesignation and reclassificatioh request would allow for a project that integrates a mix of residential, retail, and service opportunities in apedestrian-friendly environment envisioned for thin. entryway to the City's historic tlistrict Moreover, he project would combine residehtial with non-residential uses in the same building as a means to create an active street life and potentially ehhahce the vitality of businesses: The project would preserve and enhance the historic character of the Five Points Historic District`by restoring a histd~icaf resource. important to the community within and around the project, and create a project that is compatible and consistent with surrounding land uses: Therefore; staff recommends approval of the request. (13) The Community DevelopmenEDepartment (CDD) has initiated these requests. CDD has submitted the attached memorandum indicating that this project would save the historic structures on Lincoln Avenue and Center Street, improve the Historic Five Points Block;. promote the goals of the Five Points Historic District, and provide for new business and housing opportunities. A Disposition and Development Agreement has been executed between the Agency and Clean City Inc. for the mined use improvements for the Five Points Building. FINDINGS: (14) "The State Subdivision Map Act (Government Code, Section 66473.5) makes it mandatory to include in all motions approving or recommending approval of a tract map; a specific finding that the proposed Subdivision together with its design and improvement is consistent with the City's General Plan. Further, the IawYequires that the Commission make any of the following findings when denying or recommending denial' of a tract map: 1. That the proposed map is not consistent with applicable General and Specific Plans. 2. That the design or improvement of the proposed subdivision is not consistent with applicable General and Specific Plans. 3. That the site is not physically suitable for the type of development. 4: That the site is not physically suitable for the proposed density of development 5: That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6: That the design of the subdivision or the type of improvements is likely to cause serious public health problems. 7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision." Page 3 l Staff Report to the Planning Commission April 2, 2007 Item No. 4 RECOMMENDATION: (15} Staff recommends that the Planning Commission take the following actions: (a) By motion, approve a Negative Declaration. (b) By resolution, recommend to City Council that General Plan Amendment No. 2007- 00451 be approved. (c) By resolution, approve Reclassification No. 2007-00194.: (d) By motion, approve Tentative Pardel Map No. 2006-285. Page 4 [DRAFT] RESOLUTION NO. PC2007--*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION. RECOMMENDING TO THE CITY COUNCIL ADOPTION OF GENERAL PLAN AMENDMENT NO. 2007-00451 PERTAINING TO THE LAND USE ELEMENT (1128 WEST LINCOLN AVENUE AND 1221 WEST CENTER STREET), WHEREAS, the Anaheim City Council did adopt the Anaheim General Plan by Resolution No. 69R-644, showing the general description and extent of possible future development within the City; and WHEREAS, on May 25, 2004, the City Council, by its Resolution No. 2004-95, adopted a comprehensive update to the General Plan for the City of Anaheim; and WHEREAS, The City did receive a verified petition requesting an amendment to the General Plan to amend the Land Use Element of the General Plan from the Low Density Residential {and use designation to the Mixed Use designatipn on a property as shown in the attached map marked Exhibit A. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 2, 2007, 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 far and .against said proposed General Plan Amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed mixed use development would comply with the density limitations and land use types identified for the Mixed Use General Plan designation. 2. That the proposed amendment relates to the established land use patterns in the vicinity and therefore, said amendment would be compatible with, and further the goals of said Plan and therefore, Exhibit A should be adopted redesignating the subject property from the Low Density Residential land use designation to the Mixed Use land use designation. 3. 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 redesignate subject property from the Low Density Residential land use designation to the Mixed Use land use designation 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 pursuant to the above findings, the Anaheim Planning Commission does hereby recommend to the City Council of the City of Anaheim adoption of General Plan Amendment No. 2007-00451 pertaining to the Land Use Element to redesignate the property from the Low Density Residential land use designation to the Mixed Use land use designation. Cr\PC2006- -1- PC2007- BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 2, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on April 2, 2007, 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 , 2007, SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -2- PC2007- PEARL DIAMOND ST W Q 2 O ~ ~ a ~L'< U a N my ~m 1 G ~ mm / ~ LINCOLN AVENUE - ~«, m T~N~ 2T9 '9 ~~Z"9 s z J ~~ ss CHESTN fV Exhibit A GPA 2007-00451 ,024,_, l ~D~FT~ RESOLUTION NO. PC2007--"` A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR RECLASSIFICATION NO. 2007-00194 BE GRANTED, UNCONDITIONALLY [1128 WEST LINCOLN AVENUE AND 1221 WEST CENTER STREET] WHEREAS, the Anaheim Planning Commission did receive a verified petition for. Reclassification for real property situated in the City of Anaheim, County of Orange, State of California, described as follows: Area 2 PARCELI LOT 7 OF THE VILLA PLACE ADDITION, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 6, PAGE 8 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THAT PORTION OF LAND DESCRIBED AS PARCEL 200815-1, IN THE FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE CO: 759 653, A CERTIFIEp COPY OF WHICH RECORDED JUNE 5, 1998 AS INSTRUMENT NO. 19980352439 OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER:. ALSO EXCEPTING THEREFROM THAT PORTION OF LAND DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF PARCEL 5 AS THE LAND IS DESCRIBED IN THE GRANT DEED RECORDED DECEMBER 14, 2005 AS INSTRUMENT NO. 2005000999142 OF SAID OFFICIAL RECORDS; THENCE ALONG THE EASTERLY AND NORTHERLY LINES OF SAID PARCEL 5, THE FOLLOWING COURSES: NORTH 14° 32' 26"WEST 133.45 FEET AND SOUTH 89° 5T 19" WEST 51.64 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 5 AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89° 5T 19" WEST 12.56 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 1191.01 FEET; THENCE WESTERLY 38.57 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1° 52' 11" TO THE WESTERLY LINE OF SAID LOT 7; THENCE NORTH 14° 32' 26" WEST 5.32 FEET ALONG SAID WESTERLY LINE TO A POINT ON THE SOUTHERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN THE FINAL ORDER OF CONDEMNATION TO THE STATE OF CALIFORNIA, AS PARCEL 200815-1, RECORDED JUNE 5, 1998 AS INSTRUMENT NO. 19980352439 OF SAID OFFICIAL RECORDS; THENCE NORTH 81° 09' 19" FEET EAST 50.19 FEET ALONG SAID SOUTHERLY LINE TO THE EASTERLY LINE OF SAID LOT 7' THENCE LEAVING SAID SOUTHERLY LINE SOUTH 14° 32; 26" EAST 12:60 FEET ALONG SAID EASTERLY LINE OF LOT 7 TO THE TRUE POINT OF BEGINNING. CONTAINS AN AREA OF 0.152 ACRES, MORE OR LESS.. PARCEL 2: LOT 8 OF THE VILLA PLACE ADDITION, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 6 PAGE 8 OF MISCELLANEOUS MAPS, 1N THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.. -1- PC2007- EXCEPTING THEREFROM THAT PORTION OF LAND LYING NORTHERLY OF THE NORTH LINE OF THE LAND DESCRIBED AS :PARCEL DD 200814-01-01, IN THE DIRECTOR'S DEED RECORDED JANUARY 15, 2004 AS INSTRUMENT NO. 200400033746 OF SAID OFFICIAL RECORDS.: ALSO EXCEPTING THEREFROM THAT PORTION OF LAND LYING WITHIN SAID - PARCEL DD 200814-01-OL COMMENCING AT THE SOUTHEAST CORNER OF PARCEL 5, AS THE LAND IS pESCRIBED IN THE GRANT DEED RECORDED DECEMBER 14, 2005 AS INSTRUMENT NO. 2005000999142 OF SAID OFFICIAL RECORDS; THENCE ALONG THE EASTERLY AND NORTHERLY LINES OF SAID PARCEL 5. THE FOLLOWING COURSES: NORTH 14° 32' 26"WEST 113.45 FEET AND SOUTH 89° 57' 19" WEST 51.64 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 5; THENCE CONTINUING SOUTH 89° 54' 19"WEST 12.56 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 1,191.01 FEET; THENCE WESTERLY 38.87 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1° 52' 11"TO THE WESTERLY LINE OF SAID LOT 7 AND THE TRUE. POINT OF BEGINNING; THENCE CONTINUING WESTERLY SAID PARCEL DD 200814-01-01, SAID POINT BEING A POINT OF CUSP WITH ANON-TANGENT` CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 1281.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 6° 35' 53" EAST; THENCE ALONG SAID NORTHERLY LINE. THE FOLLOWING COURSES: EASTERLY 50.23 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2° 14' 48" AND NORTH 81 ° 09' 19" EAST 17.09 FEET TO THE NORTHEAST CORNER OF SAID PARCEL DD 200814-01-01; THENCE LEAVING SAID NORTHERLY LINE SOUTH 14° 32' 26" EAST 5.32 FEET ALONG THE EASTERLY LINE OF SAID PARCEL DD 200814-01-01 AND SAID LOT 8 TO THE TRUE POINT OF BEGINNING.. CONTAINS AND AREA OF 0.186 ACRES, MORE OR LESS. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 2, 2007, 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 16.60 "Procedures", to hear and consider evidence for and against said proposed reclassification 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: L That this is aCity-initiated request from the Community Development Department to reclassify Area 2 of subject property from the RS-2 (Single Family Residential) zone to the C-G (MU) (General Commercial; Mixed Use Overlay) zone. 2. That the proposed reclassification of Area 2 from the RS-2 (Single Family Residential) zone to the C-G (MU) (General Commercial; Mixed Use Overlay) zone, is the appropriate implementation zone for the proposed Mixed Use land use designation of the Anaheim General Plan. 3. That the proposed reclassification of subject property is necessary and/or desirable for the orderly and proper development of the community. _2_ PC2007- 4. That the proposed reclassification of subject property does properly relate to the zones and their permitted uses locally established in close proximity to subject property and to the zones and their permitted uses generally established throughout the community because it would result in a mixed use project that is consistent with the type of uses envisioned for the area 5. That "` indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal; .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 and 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 unconditionally approve the subject Petition for.Reclassification to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to exclude the above-described property from the RS-2 (Single Family Residential) zone and to incorporate said described .property into the C-G (MU) (General Commercial; Mixed Use Overlay) zone. BE IT FURTHER RESOLVED, that this resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the subject property; any such rezoning shall require an ordinance of the City Council, which shall be a legislative act, which may be approved or denied by the City Council at its sole discretion. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 2, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2007- 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 April 2, 2007, 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 2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2007- City of Anaheim PLANNING ®EPAI2'TNIEN'T Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of April 2, 2007. 4a. CEQA NEGATIVE DECLARATION 4b. GENERAL PLAN AMENDMENT NO. 2007-00451 4c. RECLASSIFICATION NO. 2007-00194 4d. TENTATIVE PARCEL MAP NO. 2006-285 Owner: Anaheim Redevelopment Agency, 201 South Anaheim Boulevard, Anaheim, CA 92805 Location: 1128 West Lincoln Avenue and 1221 West Center Street: Request to consolidate 7 parcels into 1 parcel for a future residential/commercial mixed use project in Area 3. ACTION: Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission has reviewed the proposal to consolidate 7 parcels into 1 parcel for a future residential/commercial mixed use project and does hereby approve the Negative Declaration. Commissioner XXX offered a motion., seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission does hereby determine that the proposed tentative map, including its design and improvements, is consistent with the Anaheim General Plan, and does therefore approve Tentative Parcel Map No. 2006-285, to consolidate 7 parcels into 1 parcel for a future residential/commercial mixed use project subject to the following conditions: 1. That prior to final map approval a maintenance covenant shall be submitted to the Subdivision Section and approved by the City Attorney's Office. The covenant shall include provisions for maintenance of private facilities, including compliance with approved Water Quality Management Plan, and a maintenance exhibit. The covenant shall be recorded concurrently with the final map, including regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of discovery. 2. That prior to final map approval, the legal property owner shall execute a Subdivision Agreement, in a form approved by the City Attorney, to complete the required public improvements at the legal property owner's expense. Said agreement shall be submitted to the Public Works Department, Subdivision Section approved by the City Attorney and City Engineer and then recorded concurrently with the final tract map. 3. That prior to final map approval, all buildings shall be assigned street addresses by the Building Division. 4. That the property owner/developer shall provide the City of Anaheim with a public utilities easement to be determined as electrical design is completed. 200 South Anaheim Boulevard P.13. Box 3222 Anaheim. California 92003 wvnv.anaheim.nei I TEL (714) 765-5139 5. That prior to final map approval, the final map shall be submitted to and approved by the City of Anaheim and the Orange County Surveyor and then shall be recorded in the Office of the Orange County Recorder (Subdivision Map Act, Section 66499.40). 6. That approval of this parcel map is granted subject to the approval of General Plan Amendment No. 2007-00451 and Reclassification No. 2007-00194, now pending. 7. That prior to final map approval, all existing structures shall be demolished or remodeled to conform with building and zoning setback requirements. The developer shall obtain a demolition permit from the Building Division. 8. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 9. That timing for compliance with conditions of approval may be amended by the Planning pirector upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. TPM2p06-285_Excerpt /4 ~, j,HEIM.f„C~ O ` P~ ~~ `~ >>1 ,. '•~NOCO~ Attachment -Item No. 4 City of Anaheim C®1VIIVIUI~TIT~' I2EVEI~OPIVIEI~tT To: David See, Senior Planner Planning Department From~ura Alcala, Senior Project Manager pate: January 30, 2007 RE: FIVE POINTS PROJECT -PLANNING ENTITLEMENTS 1. PARCEL MAP 2. RECLASSIFICATION TO C-G (MU) OVERLAY 3. GENERAL PLAN AMENDMENT As part of the right-of--way acquisition for the Lincoln Avenue Phase II street widening project, properties located on Lincoln Avenue and West Center Street were purchased. Among the properties acquired were some historic structures, including the Five Points commercial building located on the southern side of Lincoln Avenue between the Interstate 5 Freeway and West Street. This building, as well as two residential structures have been slated for rehabilitation and re-use. Concurrently, community residents requested that the neighborhood be designated historic due to the vast inventory of architecturally significant residential structures as well as the landmazk Five Points Building. In 2004, the City Council established the Five Points Historic District. The Five Points Block will consist of two sepazate developments: ' 1) historic preservation improvements to the commercial Five Points Building and re-use of the building for mixed-use development and 2) residential development and re-use of two historic structures: Redevelopment and re-use of the historic structures will provide for aesthetic improvements, and preservation of the historic character found in the neighborhood. Proiect Description: Five Points Building A Disposition and Development Agreement between the Agency and Clean City has been executed and is being implemented for the mixed-use development of the Five Points Building. A Supplemental Disposition and Development Agreement for the remaining portion of the commercial development was subsequently approved by the Agency to provide for the sale of additional property to the Developer to support azzcillary uses and pazking for the mixed-use development. The mixed use project will allow for the rehabilitation of the historic Five Points Building to its original use as a mixed use structure (residenfiaUcommercial), '~',,NCIM~ ~A O~ ~O \Z_` V~ I~) t. ~, o, ~5;- \~~DEO_ City of r~nahei~n C®19~IVIgJ1oTI'T~' REVEL®PIVIEI~1'~ Five Points Project January 29, 2007 Page 2 accommodating two loft style units on the second floor and ground floor retail/restaurant space with adjacent pazking to the west of the site. The Developer is proposing that the parking azea will provide approximately 70 spaces that will serve to accommodate business patrons and residents of the building. As part of the mixed use improvements, "The Landscaped Parcel" located at the southwest comer of Lincoln Avenue and West Street will be refurbished with new plant material and maintained by the Developer. Project Description: Five Points Block Residential The Agency issued a Request for Proposals for development of the residential portion of the block to include Itistoridrehabilitationand re-use of the two existing structures and construction of anew residential structure to complement the historic architectural fabric of the neighborhood. A developer has been selected and Agency staff is preparing a Disposition and Development Agreement which will be subject to Agency approval. Plaunine Entitlement Requests The Agency had previously requested approval of entitlements for this site which at that time consisted of two developments described as: 1) Area 1 (Residential Development): A 1.8 acre site consisting of multiple properties west of the southwest comer of Lincoln and West Street and Z) Area 2 (Commercial/Mixed- Use Development): A 0.5 acte site consisting of multiple properties at the southwest corner of Lincoln Avenue and West Street: On September 19, 2005 the Planning Commission approved entitlements pertaining to this site as follows; 1) Reclassification No. 2005-00167 to reclassify Area 2 from the C-G zone to the C- G (M-U) zone; 2) Conditional Use Permit No. 2005-05023 to permit a residential/commercial mixed-use development in Area 2; and 3) Tentative Tract Map No: 16784 to establish a 5-lot detached single family residential subdivision in Area 1. While there are still two developments proposed, they now consist of (1) Area 1 (Residential Development) - .745- acres and (2) Area 2 (Commercial/Mixed Use Development) - .990 acres. Planning entitlement requests will now include: (1) A Pazcel Map Application which is a request to create one parcel at the east end of the Five Points block pertaining to Area 2; (2) A Zoning Reclassification Application , which is a request to reclassify certain properties r~~,H!iM \C:. 04: o\ ~~'~ i1 ~~~ - ~~ ~, ~~~rvoto.-!'a Ci4y of Anaheim C®1VI1VIiTNITY I)EVEL®P1VIE1~1T Five Points Project January 29; 2007 Page 3 from RS-3 (Residential, Single Family) to C-G (M-U) in order to designate the entire Area 2 as C-G (M-U; and (3) A General Plan Amendment Update to designate the entire Area 2 site for mixed use allow for the development of the Five Points mixed-use deve]opment. Subsequently, the Developer of the property will be requesting an amendment to the existing Conditional Use Permit to reflect inclusion of the pazking lot expansion into the project area. A request for a pazcel map to create a three residential subdivision on the west end of the Five Points Block will be requested separately. Thank you for your review and comments. Should you have any questions regazding the project please feel free to contact me at extension 4317. Item No. 5 07-14 RGL 55 0 AC 1N M FIRM n x 0 e Z O 1 ~- ~ m 57 ~j ~ 66 52 Z 1 z R g3 ~ ~ ~ 05 m ~ 2 v ' UP 6t ~ Og j:17 ..' -1-C Up 315 k ~ z aGUp 303 R ` > R2331 r K V P ' CE~'^53r 0' ,/ r m Q~1 SMALL 1R ~ $ F ,r~ ~ R ~h f u} 9 A F ) 4 .~"'.. is ~ 0 f L+6y -; f Y q } ~y 6 67 14 i- 1 1l 4 RGL 6 r ,~r'~ 566-61'1 - ~ RC U P ~ ` ~ ` PREp 1R E r a ~ ~ P S RV1 v- .. } 335 '---~ 700' - ~ ~ BALL ROAD I RCL 6651-14 I RCL 65-556-19 4 RCL 6d-65-02 9 CUP 2003-04606 E y&~d ~ ~ I 2 C p y 200 0 RCL 667-36 H 071 MES 5-0 RCL 66-67-14 ~ FLOORING ADULT RCL 50$1-113 sroRE THEATER RCL 54-55-02 RCL 5556-19 ~ I CUP 3021 RCL 66-67-14 RCL 55-56-19 VOCATIONAL J RCL 5455-02 I SCHOOL ? CUP 3510 RCL 66-67-14 CUP 1623 RGL 5556-19 RC VAR 4233 , _ Subject Property Conditional Use Permit No. 3156 Date: April 2, 2007 TRACKING NO. CUP2007-05192 Scale: 1" = 200' Q.S. No. 95 Requested By: REALTY ASSOCIATES FUND VI, L. P. 701 East Ball Road 162aa Date of Aerial Photo: Julv 2005 Conditional Use Permit No. 3156 TRACKING NO. 2007-05192 Requested By: REALTY ASSOCIATES FUND VI, L. P. 701 East Ball Road Subject Property Date: April 2, 2007 Scale: 1" = 200' Q.S. No. 95 tozaa Staff Report to the Planning Commission April 2, 2007 Item No. 5 Sa: CEQA CATEGORICAL EXEMPTION -CLASS 1 (Motion) 5b. CONDITIONAL USE PERMIT NO. 3156 (Resolution) (TRACKING NO. CUP2007-05192) SITE LOCATION AND DESCRIPTION: (1) This property is identified as 701 East Ball Road -Ball Road Business Park.': REQUESTt (2) The applicant Fequests to amend an existing conditional use permit to allow office uses to an existing industrial complex and: to permit abusiness/educatidnal school Under authority of Code Section 18.10:030.040.0402 (Offices'Generafand Educational Institutions - Business). BACKGROUND: (3) This: property consists ofan industrial/office complex with a total of five (5) buildings having a cumulative floor area of approximately 117,284 square feet. The property is zoned I (Industrial) and the General Plan designates this property and surrounding properties for Industrial land Uses. PREVIOUS ZONING ACTIONS: i {4) The following zoning action pertains to this property: (a) Conditional Use Permit No. 3156 (to permit industrially related office uses within an existingindustrial'eomplex with waivers of minimum number of parking spaces, minimum size of compact parking spaces, minimum number of compact parking spaces) was approved by tfte Planning Commission on May 8, 1989.:. PROPOSAL: (5) The industrial park is curcently developed witH a mix of light industrial andbffice uses. Conditional Use Permit No. 3156 permitted'industrially7elated office uses in this industrial park. The applicant is requesting that the permitted office uses not be limited to industrially related uses.' The applicant alsoYequests approval for a busihessleducational school. The site plan and the floor plans ihdicate' ah' industrial complex as depicted ih the following aerial photo; with the educational/business school located in the front of thebomplex (refer to site and floor plans; Exhibit Nos: 1 to 3}. CUP2006-05192gsk_SR_PC040207 Page 1 I Staff Report to the Planning Commission April 2, 2007 -Item No. 5 (6) The applicant is also requesting a conditional use permit to retain an existing vocational school Bellas Artes is a vocational schdol specializing in the education of individuals referred from the State of California Worker's Compensation Program: This scnddl trains disabled. individuals for careers in commercials, theater, motion pictures and modeling. It also offers job placement assistance to the students: (7) The current Code requirement for Educational Institutions-Business is 0.82 space per student; or 20 spaces per 1,000 square feet of GFA for instruction area; whichever results ,' in a greater number of spaces, plus 4 spaces per 1,000 square feet of GFA for office area. Based upon the submitted floor plan, this vocational school would require a total of 59 spaces... (8) The applicant has submitted a letter indicating that an average of 85% of the students are physically unable to drive due to disability. Bellas Artes provides a shuttle service for these students. California law states that it is a discriminatory practice to refuse to make "reasonable accommodations in rules, policies, practices, or services when such accommodation may be necessary td affdrd (a handicapped] person equal opportunity to use and enjoy a dwelling" (42 USC § 3604(f)(3)(B)). The City Attorney's Office indicates that this provision is not exclusive to housing and can be applied to Bellas Artes school: Page 2 l Staff Report to the Planning Commission April 2, 2007 Item No. 5 Because the majority of the students are :not able to drive to the school; a `reasonable. accommodation' ban be made for this business.. The ~easohable accommodation provided is the use of the office parking ratid of four spaces per 1,000 square feetof gross floor area z (GFA), .The operation would include five (5jemployees and a maximum of 20 studehts at any giveri time. Using the parking ratio for offices, the schodl' would require 27 spaces: The school is already in operation; and there does not appear to be a parkhg issue at the site: Even if all of the students drove to school;;the maximum parking demand would be for 25 spaces. Because specialaccommodations are being made; staff has included a condition bf approval limiting this Iahd use approval to this specific operation. (g) Thefloor planSor the business/educational school indicates a 6,848 square foot unit with general offices; studios; and a lunch room.. (10) The applicant has submitted the attached letter of operation and project description indicating that the Bellas Artes chool would operate from 5:OOpm to B:OO pm Monday, Wednesday, Thursday, Friday and from 9:00 am to 8:00 pm on Saturday...Office hours for the school are 8:OOam to 2:00 pm Monday through Friday. (11) Conditional Use Permit No. 3156 included a parking waiver to permit industrially related office uses. The previousparking waiveC indicated a requiremehfof 483: spaces, with 456 spaces provided, which is 94% of the parking required: Theourrent proposal will require a .total of 481 spaces based on the following calculations.> The Cade requirement for restaurants has been reduced from 18 spaces per 1;000 square feet, to 16 spaces pert 1,000 square feet, reducing the existing restaurant's parking requirement by two paces. The applicant indicates that 4fi1 spaces are' existing, wfiich is 95% of the required parking. The new request would comply with the previous parking waiver and not create any additional demand. (12) Sign plates were not submitted with the application. A small wall sigh consistent with other signs in the complex currently identifies the business. Any new signage would need to meet code'requiremehts: ENVIRONMENTAL IMPACT ANALYSIS: (13) Planning staff has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15303, Class 1 (Existing Facilities), as defined in the State CEQA Guidelines and is, therefore, categorically exempt from the requirement to prepare additional environmental documentation.. Page 3 l Staff Report to the Planning Commission April 2, 2007 Item No. 5 EVALUATION: (14) Offices and business/educational schools`are permitted in the: Industrial zone subject to "approval of a conditlonaf use'permit. (15) Community Preservation records indicate that there are no open cases for this industrial cdmplex. (16) The proposed facility offers training to disabled individuals. A reasonable accommodation can be made for the parking required to allow the proposed school using the parking requirements for offices. Staff is7ecommending a condition of approval7equiring the school to operate ih accordance with the letter of operation because7easonable accommodations have been made for parking requirements: The total number of driving staff and tudents at the school should hot exceed the maximum parking alldcation of 27 spaces. (17) This request to permit office uses in the industrial zone and to retain the business. educational schdol is supported by staff: The fadility is compatible with the existinguses in the: industrial complexand moshof the activity fdr he school odcurs et Highland on the weekend when generally the businesseswithin the domplexa~e'closed: The demand for. parking is not increased'ahd is in compliance with a previously approvedparking waives FINDINGS: (18) 'Before thePlanning Commission grants any conditional use permit, it must make a finding of fact that the evidence presented shows that all of the folldwing ddhditiohs exist: (a) That the use. is properly one for which a conditional use permit is authorized bythe Zdning Code, or is an lmlisted use as defined in Subsection :030 (Unlisted Uses Permitted) of Section 18.66.040 (Approval Authority);. (b) That the use will not adversely affect the adjoininglahd uses drYhe 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 use is adequate to allow the full developmehfof the proposed use in a manner not detrimental td the particular area or to the health and safety; (d) That the traffic generated by the use will not impose an undue burden upon the streets and highways designed and improved to carry the traffid in the area; and (ep 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. Page 4 l Staff Report to the Planning Commission April 2, 2007. Item No. 5 RECOMMENDATION:. (19) Staff recommends that the Planning Commission take the following actions as indicated in the attached resolutions including the findings and conditions contained therein: (a) By motion, aoorove a CEQA Categorical Exemption -Class 1 (Existing Facilities) for the project. (b) By resolution, approve Conditional Use Permit No. 3156 (Tracking No. CUP2007- 05192). page 5 [DRAFT] RESOLUTION NO. PC2007--**' A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN CONDITIONAL USE PERMIT NO. 3156 AND AMENDING RESOLUTION NO. PC89-131 [701 EAST BALL ROAD] 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 2 OF PARCEL MAP NO. 86-205, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP FILED IN BOOK 225, PAGES 43 AND 44 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL B: NON-EXCLUSIVE EASEMENTS FOR VEHICULAR AND PEDESTRIAN ACCESS, INGRESS AND EGRESS, AS SAID EASEMENTS ARE SET FORTH IN THAT CERTAIN GRANT OF RECIPROCAL ACCESS EASEMENT AND AGREEMENT BETWEEN LANDOWNERS RECORDED JULY20, 1988 AS INSTRUMENT NO. 88- 349066 OFOFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA OVER THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 86-205, AS SHOWN ON A MAP FILED IN BOOK 255, PAGES 43 AND 44 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH WEST CORNER OF SAID PARCEL 1; THENCE ALONG. THE WESTERLY LINE OF SAID PARCELI NORTH 15° 22' 51"WEST 820.21 FEET; THENCE NORTH 74° 26; 13" EAST 25.00 FEET; THENCE SOUTH 15° 22' 51" WEST 703.67 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 180.00 FEET. THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5° 21' 30", AND ARC DISTANCE OF 16.83 FEET THENCE SOUTH 20° 44' 21" EAST 42.21 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 180.00 FEET; THENCE: SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20° 41' 17" AN ARC DISTANCE OF 64:99 FEET, THENCE SOUTH 89° 56' S6"WEST 25.00 FEET TO THE PONT OF BEGINNING. WHEREAS, on June 19, 1989, the Anaheim City Planning Commission, by Resolution No. PC89-131, granted Conditional Use Permit No. 3156 to permit industrially related office uses within an existing industrial complex with waivers of minimum width of "small car" parking spaces, maximum number of "small car" parking spaces, and minimum number of parking spaces at 701-741 East Ball Road; and WHEREAS, this property is currently developed with an industrial business parKand is zoned I (Industrial); and the Anaheim General Plan designates this property for Low Density Office uses; and WHEREAS, the applicant has requested to amend the previously approved Conditional Use Permit No. 3156 to amend an existing conditional use permit to allow office uses in an existing industrial complex pursuant to 18.60.190.030 of the Anaheim Municipal Code; and has also requested to permit a business/educational school pursuant to 18.10.030.040.0402 of the Anaheim Municipal Code; and Cr\PC2007- -1- PC2007- WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the Gity of Anaheim on April 2, 2007, 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 hearirig, does find and determine the following facts: 1. That the proposed request to amend an existing conditional use permit to allow office uses in an existing industrial complex and to permit abusiness/educational school is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section .Nos. 18.60.190:030 (Amendment of Permit Approval) and 18.10.030.040.0402 (Offices-General and Educational Institutions-Business). 2. That the existing and continued use will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located. 3. That the size and shape of the site is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or the health and safety in that there is no new square footage proposed with this request. 4. That the traffic generated by the use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area since the industrial park and school are existing and the uses have not generated a significant increase in traffic. 5. That the granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. 6. That "" indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning staff has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing Facilities), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Anaheim that the amendment to Conditional Use Permit No. 3156, to permit office uses in an existing industrial complex and to permit a businessleducational school, is approved, BE IT FURTHER RESOLVED by the Planning Commission of the City of Anaheim that the conditions of approval heretofore imposed on Conditional Use Permit No. 3156, as set forth in City Planning Commission Resolution No. PC.89-131 be, and the same are hereby, amended in their entirety, to read as follows: 1. That this facility shall be used for educational, vocational and training activities only. 2. That the school shall operate in accordance with the letter of operation. The total number of driving staff and students at the school should not exceed the maximum parking allocation of 27 spaces. 3. That due to the change in use and/or occupancy of the building, plans shall be submitted to the Building division showing compliance with the minimum standards of the City of Anaheim, including -2- PC2007- the Uniform Building, Plumbing, Electrical, Mechanical and Fire Codes as adopted by the City of Anaheim. 4. Any required relocation of City electrical facilities will be at property owner/developer expense. Landscape and/hardscape screening of all pad mounted equipment will be required and shall be outside the easement are of the equipment. Prior to finatbutlding and zoning inspections the foflowfnp conditions shall be complied with: 5. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 3, and as conditioned herein. 6. That the applicant shall file an Emergency Listing Card, Form APD-281, with the Police Department. General Conditions: 7. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of discovery. 8. Thaf no outdooractivities involving gathering of persons shall be permitted do-site. 9. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 10. That timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established thaf satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that, except as expressly amended herein, Resolution No. PC89-131 shall remain in full force and effect. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. -3- PC2007- THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 2, 2007. 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 April 2, 2007, 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 _, 2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2007- Attachment -Item No. 5 United School Of America Studios Bellas Artes 701 E Ball Rd # 100 Anaheim CA, 9280.5 February 9, 2007 Planning Department CITY OF ANAHEIM 200 South Anaheim Boulevard Anaheim, CA 92805 Re: Conditional Use Permit 701 E. Ball Road #100 BELLAS ARTES Owner: Moises Castaneda To Whom It May Concern: This Letter of Operation is in support of our application for Conditional Use Permit with regard to the above referenced Premises. Description of Business: Bellas Artes has been in business for eight (8) years. For the past three (3) years it has also operated a wholly owned subsidiary (Uhited School of America) - a vocational and training organization that specializes in there-training of individuals who come to us under the auspice of the Workers' Compensation Program for the State of California: Our business model is that of an adult education facility and personnel referral consultancy. In addition to giving these individuals the skills to make the transition into a new career in commercials, theater, motion pictures and runway modeling; we offer a placement referral service into the specialized talent agencies and management companies that represent individuals in the entertainment business. We do not act as a personnel agency per se because we do not find them jobs or assignments - we refer them to the companies that do, in a way similar to a high school counselor. For example, one of the agencies to whom we have referred our graduates is Alvarado Rey Agency (www.alvaradarey.com) (A) Use and square footage of each leasable space -provided as separate sheet. (B) Amount of parking required and provided for each use -provided as separate sheet. City of Anaheim Page 2 of 2 pages February 9, 2007 (C) Use and square footage of each leasable space -provided as separate sheet. (D) Amount of parking required and provided for each use -provided as separate sheet. (E) Days and hours of operation: The business office is open from 8:OOam-2:OOpm Monday through Friday. The workshops operate from S:OOpm-8:OOpm Monday, Wednesday, Thursday, and Friday, and from 9:OOam to 6:OOpm on Saturday. (F) Number of employees per shift for each operation: During regular business office hours, we have two (2) employees. During the workshop hours, we have additional staff (three (3) part- time instructors). As shown by our student enrollment sheet (submitted separately) we have a maximum at any time of 20 students on the premises. In support of our application we would also like the Planning Department to take into consideration the supplemental materials we have provided. These materials show that we have not imposed any burden on the property or other tenants in this business park (affirmations from our neighbors) and that we are providing a valuable service to the community (rehabilitation of working adults). The value of our business is further testified by letters of support from the office of Loreta Sanchez, office of Lou Correa., Comite de fiestas Patrias from the Mexican Consulate in Santa Ana, Suzzette Moreno and Associates Vocational Rehabilitation Counsellor, and OBRA. Compared to similar businesses ih similar properties in Anaheim, we are a very small operation with an extremely limited en~ollmeht: However, we feel that we are providing a very valuable service with no negative impact to the property where we are situated br the community of Anaheim as a whole. Thank ycu for your consideration. Respectfully; RFI 1 AR ARTFC Studios Bellas Artes 701 E Ball RD's 100 Anaheim CA, 92805 Phone: 714-776-6999 Fax• 714-776-3028 March 15, 2007 To Whom It May Concern: As shown by the documents attached, the students at Bellas Artes (vocational School) Come to as from under contract with State Disability program (Workers' Compensation). The majority of them cannot drive and do not bring vehicles to the property. We provide spick-up service for these students. The number ojnon-driving students, of course, varies from time to time due to nature of of our business ant the extent oftheir injuries, but it averages 85% of the enrollment students. We typically have 20 students at any given time. As a result, as also attested to by the letters ofsupportfrom our neighbors (included in our Application), our school poses no burden whatsoever on the parking here. Sincerely, UNITED W E STAND 8 WING 8 STOOL VNLIMITEO m U KL:L OD-00-1U SMALL INDUSTRIAL CL 55-56-10 CL 5 -56-10 U ~ ~ FIRMS ) SMA L INDUSTRIAL SMAL L INDUSTRIA LRCL 55-5 FIRMS FIRMS c-G RCL 67A8-05 C-G CUP 3016 RCL 87-66-05 RCL 55-56-10 RCL 55-56-00 VAR 2433 S CUP 1265 C-G i RCL 87-66-05 RCL 87-8& VIA BURTON I CUP 1b30 I RCL 55-56-10 I RCL 55-56-10 ~» A / I RCL 55-56-10 (VAR 2543 SMALL INDUSTRIAL FIRMS 1 DU RCL 55-56-10 RCL 55.56-10 RCL 55-56-1 RCL 55-56-10 RCL 55-56-10 RCL 55-56-10 VAR 2584 RCL 55-56-10 VAR 2839 VAR 2584 CUP 3086 CUP 1752 VAR 2584 VAR 2584 TREFZ PRINTING VAR 2584 Pty 91 ® j I ® W RCL 55-56-10 ~ ~ VAR 2584 6 Q D 339 I I ~"' ~ U -`~ RCL SS5610 RCL 555F10 (-0 yAR 258 I '~ r~,CUP 2007-06193 ~ 'VAR 2684' - RCL 55-56-10 I VAR 2584 / VAR 2584 SMai, .. RCL 55-56-00 RIVERSIDE. FREEWAY C-G (MHP) RCL 55-56-7 RCL 82-83-22 CUP 258 ANAHEIM ROYAL MOBILHOME PARK 1205PACES ® Q !~ ® 2 ®s ® ~ ® 1 a•o o~ F RS-A-03,000{MHP) RCL 82-63-22 RS-2 CUP CUP 258 CUP 258 VAR 930 CUI / \ 1 OU EACH / \ i G(~ /! \ RM-0 `Jv ~\ l RCL 77-]835 RcL7o-71.3s RM-0 RCL Bfi-57-33 ` V` A' I V on aue-no Rcl m-]gas v4R enen A -. Conditional Use Permit No. 2007-05193 Requested By: WILLIAM E. AND CONNIE M. HUNTER 1431 North Daly Street 10243 Subject Properly Date: April 2, 2007 Scale: 1" = 200' O:S. No. 111 Conditional Use Permit No. 2007-05193 Requested By: WILLIAM E. AND CONNIE M. HUNTER 1431 North Daly Street Subject Property Date: April 2, 2007 Scale: 1" = 200' Q.S. No. 111 10243 Staff Report to the Planning Commission April 2, 2007 Item No. 6 6a. CEQA CATEGORICAL EXEMPTION -CLASS 3 (Motion) 6b. WAIVER OF CODE REQUIRMENT (Motion) 6c. CONDITIONAL USE PERMIT NO. 2007-05193 (Resblution) SITE LOCATION AND DESCRIPTION: {1) This property is identified as 1431 North Daly Street. REQUEST;' (2) The applicant requests approval to permit a dog'8aycare and boarding facility under authority of Code Section_18.10.030'.040.0402 (AnimaFBoarding)'with waiver of the following provisions: (a) SECTION NO. 18.42.040.010 Minimum number of oarking spaces 30 required; 11 proposed) (b) SECTION NO: 18.46.110.090 Required enclosure of outdoor uses (solid masonrvwall required; chain link fence with slats proposed) BACKGROUND: (3) Thin property is currently developed with a vacant industrial building end is located within the Industrial (I) zone.: The GeneraF Plan designates thisproperty and the. properties to the north across Daly Streetand to the east for Industrial land uses,The property is bounded by the Riverside Freeway (SR-91) to the soiith`and west. PROPOSAL (4) The applicant proposes to operate a dog daycare and boarding facility within an existing:.. 7,381 square foot industrial building: No expansion dr exterior changes to the building are proposed; however, four fenced outddor playareas are proposed ten (10) feet from the ultimate right-of-way along the north side of the building (refer to site plan, Exhibit Nd. 1). cThe outdodr play area will be enclosed with 8 foot high phain link fencing with PVC slats. Code7equires a 6 foot high block wall to enclose outdoor uses. The existing 10 foot high fence along Daly Street would be removed as part of the: site improvements. (6) Vehicular access to the site is provided via two (2) driveways frbm Daly Street:. The existing 'parking area consists of two paved Tots with a total of 11 do-site parking spaces. Code >requires 30 spaces based on the,parking ratio for animal boarding which is 4 spaces per, 1,000 square feet. (6) The floor plan shows that the lobtiy area would be located bn the west end of the building, along with' a consultation room; grooming area and other office and staff areas (refer to Exhibit Nd: 2): In the east side of the building, four play areas areproposed that would + correspdnd to each of the outdoor play areasr A boarding area isproposed in the southeast hornet of the building; which would include up to 60 individual kennels. SRCUP2007-05193eyt Page 1 l Staff Report to the Planning Commission April 2, 2007 Item No. 6 Ud~:i w~~ s °rW"i~-'irks„a.:d~c'}`~'.'Y> .,zrc'c Aerial of subject site ~~~~~~ (7) The conceptual landscape plan shows that all areas of the site not used for parking would be lahdscaped with trees, turf and planter areas: A condition of approval requiring a final '; landscape plan has been included in the draft resolution. (6) The sign plans'show that two internally illuminated channel letter signs that read "Camp Bow Wow" are proposed, one on each df the south and west sidesbf the building. Both signs conform to Code in terms of size ahd locatioh: A legal nonconforming pole sign is located next to the building entrance on the west side of the building. The applicant proposes a sign face change-out with np structural chahges as permitted bycode,' (g) The letter of operation indicates that the business would be available for dog'daycare as well. as boarding. Daycare hours wilt be from 6 arm. to 7p:m: and staffing would`rahge from four to siz employees; basedbn the number of dogs: Ah evaluation of each dogwill be conducted prior to acceptance to'ensure an even temperament in an effort to identify persistent barking dogs. Since the dogs will be activelyengaged all day; barking is nokanticipated; an bccasionaf barker will tiebroughtinside the building and in rare cases of excessive barking, the dog may ho lortger be allowed to attend daycare. ENVIRONMENTAL IMPACT ANALYSISi (10) Staff has determined that the proposed project is categorically exempt from the requirement to prepare further environmental documentation EVALUATION: (11) The'applicantproposes to provide less parking than what the code requires: Code requires a minimumbf30 spaces for animal boarding uses and plans indicate the site currently has 11 spaces. When the requestedparking waiver is for uses requiring thirty or fewer spaces, code permits a letter prepared by the applicant to justify the waiver: The applicant has submitted the attached parking letter to substantiate the waiver with the following operational information: Page 2 e Staff Report to the Planning Commission April 2, 2007 Item No. fi (a) The nature of the business is dog daycare, where clients will remain at the facility fog an averagebf five minutes for drop off andpick up. The initial evaluation for the dog's disposition wduld take longer, but typically would not occur at the peak pick up and drop off times which are mdrnings' and evenings do weekends, (b) The tendency at the 30 existing Camp Bow Wow franchises in the U.S. is that there Fare no'more than three clients picking up or dropping off afany one time. ' (c) There would be a maximum of six employees of any one time, leaving five spaces available for clients. (d) A similar facility in Rancho Santa Margarita was contacted for comparison purposes': That facility is 22,000 square feet; which is almost three times fhe size of this proposed facility; and 15 parking stalls are provided for customers. Staff agrees with the information provided in the applicant's parking letter. Staff contacted the City of Rancho Santa Margarita and city staff indicated that they have not experienced parking issues with the existing dog daycare facility.. Further, the parking ratio for day care centers for children is ohe'space per employee; plusbhe space per 10 children, plus one space for loading and unloading:1f this parking ratio were applied o the dog daycare facility,. the requirement would be 13 spaces based on the maximum number of employees and dogs atany one time; whicR is olose to what is provided: Based oh the operational information provided by the applicant, staff recommends approval of the parkingwaiver. (12) Waiver (b) pertains to required type"of enclosure for outdoor uses. Code requires that, when visible tp the public right-df-way, outdoor uses shall be screened bya minimum 6 foofhigh solid masonry Wail, The outdoor piay'areas for the dog daycare facility wouldbe enclosed by an'8 foot high chain link fence with' PVC slatsand further screened from view by tall shrubbery. The majority of surrounding businesses on Daly Street utilize chain link fencing With`slats in order to screen outdoor uses and equipment: The prdposed fencing is note intehded for screening unsightlymaterials or storage, but rather to keep the dogs within a confined area: Two pieces'of playequfpmentareproposed within the play areas that resemble children's play equipment. Tfte proposed shrubs will effectivelyscreen the fence, so that the fence material will be indiscernible and activities within theplay area will not tie visiblei Staff has includeda contlition'of approval thata final landscaping"plan be submitted:. for staff review: Since several sfmilarfences burrentlyezist in the area and the proposed. fence will be effectively screehed by lahdscapfng, staff supports this waiver. Proposed play equipment Page 3 l Staff Report to the Planning Commission April 2, 2007 Item Nn. B (13) Staff has received one inquiry from surrounding operator with general questions about the request and one call from a property owner across the street with concerns about barking, odor and parking.:: The parking,issue is discussed in paragraph (11).` The other concerns are shared by staff and conditions of approval have been added to address these issues. (14) Animal boarding is permitted in the Industrial zone subject to approval of a oontlitional use permit. Based on a review of the plans, parking letter and letter of operation, staff has determined that the dog daycare and boarding facility could be compatible with the surrounding industrial land uses. A condition of approval has been added pertaining to the disposal of dog waste and clean up to ensure that the facility will maintain a sanitary and odpr free condition: Staff has also included conditions of approval pertaining to landscaping, propertymaintenance and business operatioh to ensure the facility does not adversely affect surrounding properties:` As conditioned, staff believes that the proposed use would not be . detrimental to adjacent and surrounding properties: FINDINGS: (15) Section 18:42.110 of the parking code. sets forth the following findings which are required to be made before a parking waiver is approved by the Planning Commissions (a) That the waiver,. under the'conditions imposed; if any, will not cause fewer off-street parking spaces to be provided forsuch use than the number of such. spaces necessary to acdommodate all vehicles attributable to such use under the normal and reasonable foreseeableconditions of operation of such use. (b) That the waiver, under the conditiohs imposed, if any, will hot increase the demand and competition for parkingspaces upon the public streets in the immediate vicinity of theproposed use. (c) That the waiver, under the conditions imposed, if any, will not increase the demand for. parking spaces upon adjacent privateproperty in the immediate vicinity. of the prbposed use. (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) Thatthe waiver, under the conditions .imposed, will not impede vehicular ingress to or egress from adjacentproperties 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, he granting of the waiver shall be deemed contingent upon operation of the proposed use in conformance with the.: assumptions relating to the operation and intensitybf the use-as contained in the:Parking Demand Study that formed the basis for approval of the waiver: Exceeding; violating, intensifying or otherwise deviating from any of the assumptions as contained in the Parking Demand Study shaQbe deemed a violation of the express conditions;imposed upon the waiver, which shall subject the waiver to revocation o[ modification pursuant to the provisions of Section 18.60.200 (City-Initiated Revocation or Modification of Permits): (16) When practical difficulties or unnecessary hardships result from strict enforcement of the Zoning Cotle;'a modificatiommay be granted for the purpose of assuring that noproperty,' because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zone. The sole purpose of any code Page 4 ____ ______i ,l Staff Report to the Planning Commission April 2, 2007 Item No. 6 waiver is to prevent discrimination and none shall be approved which would have the effect of granting a special privilege not shared by other similar properties. Therefore, before any code waiver is granted by the Planning Commission, it shall be shown: (a) That there are special circumstances applidable to the property sudhes size, shape, topography, location or surroundings, which do not apply to other identically zoned properties in the vicinity; and (b} Thafstrict application of the Zoning Code deprives the property of privileges enjoyed by other properties under identical zoning classification in the vicinity. (17) Before the Commission grants any conditional use permit, it must make a finding of fact that. the evidence presented shows that all of the following conditions exist: (a) That the use is prpperly one for which a conditional use permit is authorized by the Zoning Code, pr is an unlisted use as defined in Subsection .030 (Unlisted Uses. Permitted) of Section 18.66.040 (Approval Authority); (b) That the 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; (c) That the size and shape of the site for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the partidular area or to the health and safety; (d) That the traffic generated by the use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; end (e) That the granting of the conditional use permit under the conditions imposed; if any, wilt not be detrimental tp the health and safety of the citizens of the City of Anaheim. RECOMMENDATION: (18) Staff recommends that the Planning Commission take the following actions as indicated in the attached resolution including the findings .and conditions contained therein: (a) By motion, approve. a CEQA Categorical Exemption -Class 3 (New Construction or Conversion of Small Structures); (b) By motion, approve waivers (a) and (b). (c) By resolution, approve Conditional Use Permit No. 2007-05193. Page 5 [DRAFT] RESOLUTION NO. PC2007--"' A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05193 BE GRANTED .. (1431 NORTH DALY 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 pf Orange, State of California, described as PARCEL 10 AS SHOWN ON A PARCEL MAP FILED IN BOOK 91, PAGES 33 AND 34 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 2, 2007, 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 fpr and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use. permit is authorized by Anaheim Municipal Code Section 18.10.030.0040.0402 (Animal Boarding) with the following waivers: (a) SECTION NO. 18.42:040.010 Minimum number of oarkino spaces 30 required; 11 proposed) (b) SECTION NO. 18.46.110.090 Recuired enclosure of outdoor uses (solid masonry wall required; chain link with slats proposed) 2 That waiver (a), pertaining tp the minimum number of parking spaces, is hereby approved based upon a parking letter submitted by the applicant to substantiate the waiver. 3. That the waiver, under the conditions imposed, will not cause fewer off-street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use because this facility operates with a lower parking demand than required by code as demonstrated by other similar facilities. 4. That the waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use because the anticipated demand will be much lower than code requirements based on other similar facilities. 5. That the waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use because the parking for this site is sufficient for the proposed use and surrounding properties have parking lots that are distinctly separate from this facility. 6. That the waiver, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for such use; and Cr\PC2007- -1- PC2007- 7. That the waiver, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. 8. That waiver (b) pertaining to the required enclosure of outdoor uses is hereby approved because several similar fences currently exist in the area and the proposed fence will be effectively screened by landscaping. 9: That strict application of the Zoning Code would deprive the property of privileges enjoyed by other properties under identical zoning classification in the vicinity because other properties in the vicinity do enjoy the use of similar chain link fencing in order to screen outdoor storage. 10. That there are special circumstances applicable to the operation because the intended use outdoors. The fencing is not intended to hide unsightly storage and the proposed landscaping will effectively screen the fence so that the fence material will be indiscernible and activities within the play area will not be visible. 11. That the 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 the parking study has demonstrated that the site can accommodate the combined uses on site; 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: The Planning Director or her authorized representative has determined that the proposed project falls within the definitipn of Categorical Exemptions, Section 15303, Class 3 (New Construction or Conversion of Small Structures), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health and safety of the Citizens of the City of Anaheim: That a final :landscape plan for the entire site, indicating type, size and location of proposed landscaping and irrigation, shall be submitted to the Planning Services Division of the Planning Department for review and approval. The landscape plan shall include a minimum of fourteen (14) 24-inch box evergreen trees on Daly Street and a shrub screen to effectively screen the outdoor play area fencing. Any decision made by the Planning Services Division regarding said plan maybe appealed to the Planning Commission. 2. That the locations for future above-ground utility devices including, but not limited to, electrical transformers, water backtlow 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.). 3. That the water backflow equipment shall be above ground, outside of the street setback area in a manner fully screened from all public streets. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans and approved by The Water Engineering Division and Cross Connection Inspector before submittal for building permits. -2- PC2007- 4. That any required relocation of City electrical facilities shall be at the developer's expense. Landscape and/or hardscape screening of any pad-mounted equipment shall be required. Said information shall be specifically shown on plans submitted for building permits. 5. That 4-foot high address numbers shall be displayed on the roof in a contrasting color to the roof material. The numbers shall not be visible from the view of the street or adjacent properties. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval Prior to final building and zoning inspections the following conditions shall be complied with: 6. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plansare on file with the Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein. 7. That the applicant shall file an Emergency Listing Card, Form APD-281, with the Police Department. 8. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonment's of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. General Conditions: 9. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. 10. That this business shall operate consistent with information contained in the parking letter submitted by the applicant, dated February 13, 2007. The number of dogs permitted at this facility shall be limited to sixty (60). If at any such time the operational characteristics of the business change, a detailed description of the operational changes shall be submitted for reviewby staff. If it is determined the expected demand is greater than the spaces provided on site, an application for modification of the conditional use permit shall be submitted to the Planning Services Division for approval by the Planning Commission. 11. That A.M.C. Chapter 10.08.020.010 (Use of Public Sewers Required) shall be adhered to by ensuring that all animal excrement is collected immediately and disposed of properly (i.e. either in the sanitary sewer, or sealed and placed in municipal solid waste). 12. That A.M.C.Chapter 10.09.020 (Prohibition on Illicit Connections and Prohibited Discharges) shall be adhered to by preventing any active or passive discharge of pollutants from the site, and more specifically by adhering to the following preventative measures: a. Washdown of impervious surfaces (including asphalt with gravel covering) during dry weather shall be prevented from flowing offsite by collecting flow for disposal or routing flow to pervious or landscape areas. Regular washdown on a weekly basis at a minimum shall be performed to ensure waste solids, liquids or sanitizing/cleaning products or product residuals are flushed from the impervious areas to a collection area or to pervious areas for infiltration. b. Conduct washdown activities immediately prior to a rain events to ensure that rain water does not wash waste solids, liquids, sanitizinglcleaning solution products or product residuals, gravel or other pollutants from this site. c. Sanitizer or similar sprays being used outdoors shall not be used during windy days or prior to rains when they may be carried offsite. -3- PC2007- 13. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty- four (24) hours from the time of discovery.. ' 14. That approval of this application constitutes approval of the ,proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or'approval of the request regarding any other applicable ordinance, regulation or requirement.. 15. That timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided () equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth: Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission .meeting of April 2, 2007. 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 ) 1, 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 April 2, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: iN W ITNESS W HEREOF, I have hereunto set my hand this day of .2007.. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2007- Mar 22 07 04:510 Tim Hanna 562-690-3363 p.1 Attachment -Item Plo. 6 PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: 18.46.110.090 (A separate statement is required for each Code waiver) PERTAINING TO: Required enclosure of outdoor uses to allow chain link fencing Sections 18.03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver maybe granted by the Zoning Administrator or Planning Commission, the following shall be shown: That there are special circumstances applicable to the property, including size, shape, topogaphy, 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. In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully and as completely as possible. ]fyou need additional space, you may attach additional pages. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundings? X Yes _No. if your answer is "Yes," describe the specie] circumstances: The oropertv is trianeularly shaped. , 2. Are the special circumstances that apply to the property different from other properties in the vicinity which are in the same zone as your propert}•7 X Yes _ No Tfyour answer is "yes," describe how the property is different: The fencin fwe are requestine is intended enclose the does. not to screen unsightly maierials/objects. 3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? X Yes _No answer if "yes," describe the special circumstances: 4. Were the special circumstances created by causes beyond the control of the property owner (or previous property owners)? X Yes _ No EXPLAIN: The buildin¢ and subjectprooerty are currently existing. The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone which is not otherwise expressly authorized by zone regulations governing subject property. Use variances are not permitted. Signature of Property Owner or Authorized Ageni Date 37625\DECEMBER 72, 2000 CONDITIONAL USE PERMITNARIANCE NO. Juaification Waiver. dot Attachment -Item No. 6 1091 Turndell Road La Habra, CA 90631 February 13, 2007 City of Anaheim Planning Deparhnent 200 S. Anaheim Boulevard, Suite 162 Anaheim, CA 92805 Re: Pazking Letter for CUP, 1431 N. Daly Street To Whom It May Concern: We are confident that the 11 existing parking spaces a[ 1431 North Daly Street will be sufficient for both employees and clients. The nature of our business is doggie daycare, where clients will remain at the Facility for an average of S minutes per drop-off and pick-up from 6:00 AM to 7:00 PM. The tendency at the 30 existing Camp Bow Wow franchises in the U.S. is that there are no more than 3 clients picking up or dropping off their "campers" at any one time. At Daly Stree[, the seven pazking spots directly in front of the entrance will be dedicated for use of customers dropping off or picking up their doggies. Employees will use the Four parking spots adjacent to the outdoor play areas. Except for high-season periods, where projections may be higher, our goal is to care for 60 campers on any given day. With our ratio of one camp counselor per 15 doggies, we should have four employees, plus one of us owners, at the camp during business hours. This would leave 6 pazking spaces open for pick-up/drop-off. There is a similar doggie daycare business in Rancho Santa Margarita, called Wags & Wiggles. While Camp Bow Wow Anaheim will be 7,381 square feet with 11 parking spots, Wags & Wiggles measures 22,000 square feet, with 15 parking spots. Proportionally, Camp Bow Wow will have more parking spaces. The city of Rancho Santa Margarita has listed Wags & Wiggles use under "child day care", since it is also adrop-off/pick-up situation. We will ensure that our employees use one of the existing 1 I parking spaces at 1431 North Daly Street, and will not allow them to park their cars on the street, as we do not wish to cause fewer off-street parking spaces to be provided, nor increase [he demand and competition for such parking spaces, nor to park on adjacent private property. Furthermore, there should be similar traffic to that oFthe previous lessee's business, which was a showroom For bouncy toys and jungle gyms. Sincerely, Kris Hanna Pro Paws, Inc. Dba Camp Bow Wow Anaheim 4vu. ] Lclscl RCL ]}ib05 RCL 65-661> RCL 64bSB0 LUP 40]9 LUP ]]Bi LUP ]1ID CUP 2092 ' CUP 192] LUP 1919 - vAR4]16 vAR4m VM ]]]4 VM ]d9i 1 flESi UA~ LUP 2002.04643 SPi 98-04 tlAPERW. PLAZA SHOPPING CENTER GG{SCI RCL ]id2-07 CUP 3569 RCL 65661] CUP 3532 RCL 64415414 1) CUP 34]0 i L CUP 3882 ~l2 CUP 3]44 CUP 3]69 CUP 1450 CUP 75]4 VAR 2283 CROSSROADS SHOPPING CENTER Q 3 2 _ - J °m K a i a NP~PNYj ALL PROPERTIES ARE IN THE SCENIC CORRIDOR (SC) OVERLAY ZONE. Conditional Use Permit No. 2007-05191 Public Convenience or Necessity No. 2007-00033 Requested By: CANYON PLAZA LLC 5761 East Santa Ana Canyon Road ~ozaz g11 ~ P~ 15R, FRED Subject Property Date: April 2, 2007 Scale: 1" = 200' Q.S. No. 185 VAR 2001-0• T-SPT 200b[ SPT 2001-O1 6PT 96-0 pASEO MAGELLAN ALL PROPERTIES ARE IN THE SCE CORRIDORr(SC) OVERLAY ZONE Conditional Use Permit No. 2007-05191 Public Convenience or Necessity No. 2007-00033 Requested By: CANYON PLAZA LLC 5761 East Santa Ana Canyon Road ~ozaz Subject Property Date: April 2, 2007 Scale: 1" = 200' Q.S. No. 185 Staff Report to the Planning Commission April 2, 2007 Item No. 7 7a. CEQA NEGATIVE DECLARATION :(Motion) 7b. WAIVER OF CODE REQUIREMENT (Motion) 7c. CONDITIONAL USE PERMIT NO. 2007-05191 (Resolution)`; r' 7d. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NOz'2007-00033 (Resolution) SITE LOCATION AND DESCRIPTION: (1) This property is identified'as 5761 East Santa Ana Canyon Road. REQUEST: (2) The applicant requests approval of the following applications: Conditional Use Permit No. 2007-05191 to expand an existing commercial retail center to construct a small marketwith retail sales of tieer and wine for off-premises consumption and'accessory roof-mounted equipment under authority of Code Section Nos:! 18:08.030.04010402 (Small Market with Alcoholic Beverage Sales -Off-Sale): and 18.18.090:0202 (Roof-mounted Equipment in the Scenic Corridor Overlay) with waiver of the following provision: SECTION NO.!18.42.040.010 Minimum number of parking spaces 1 145 spaces required; 842 proposed) Determination of Public Convenience or Necessity No. 2007-00033"to permit sales of beer and wine for off-premises consumption within a proposed grocery store because of overconcentration in the number of licenses: BACKGROUND: (3) The property is currently. developed with a commercial retail center within the General CommerciaL(C-G) zone and Scenic Corridor (SC) Overlay. The General Plan designates. this property and the properties to he north and west (across Imperial Highway) for Neighborhood Commercial land. uses, properties to the east (across Via Cortez) for Low Density Residential land uses and the property south for Schdol uses. SR CUP2007-05191 EYT Page 1 PROPOSAL: (4) The applicant proposes to demolish four units within the commercial retail center to construct an' 11,700 square foot Mother's Market with accessory beer and wine sales artd roof-mounted equipment. The site plan indicates that the area of construction is in the middle of the site, adjacent to the LA. Fitness facility (refer to Exhibit Noi! 1): The market. proposes a 6,900 square foot net addition to the center and would result in a loss of 23 parking spaces to accommodate the addition to the rear of the tiuilding'and a new trash enclosure. The expansion at the front of the tenant space would not result in a loss of parking because it would be constructed within an existing planter area( Page 2 Page 3 l Staff Report to the. Planning Commission April 2, 2007 Item No. T :TOTAL ~ PARKING RATIO PARKIAIG~~-, .;USE. ~~SQUARE ~ REQUIRED' - FEET.,. ;; " leer ,ooo sq. n j BUILDING 5761 - SUBJECT BUILDING Mothers Market 11,700 5.5 64.4 Full-Servide Restaurant 1,973 - 8 15.8 BUILDINGS 5765 ~ 5769 Medical/Dental 3,467 6 ' 20.8 < Service/Retail +.18,800 5.5 103.4 'Affice 430 4 1.7 BUILDINGS 5773 ~ 5775 Service/Retail 7,874 5.5 i 43.3 ;.Full-ServiceRestau~ant 4,800 8 38.4 BUILDING55781 ~ 5791 -Fast Food Restaurant ` 2,500 16 40 'Bank; Drive-Throw h '' 4,906 ? 6 29.4 165,243 "1;145 (6) The elevation drawing below depicts a 28 foot tall building with a 35 foot tall tower element surrounding the storefronYand entry (refer to Exhibit No. 2},The roof is a combinatioh of 'clay tiles with exposeii'wood rafters and decorative foam cornice finish. A'range of materials and colors are proposed, including a plaster finish for the majority of the building; painted in muted contrasting colors. A stone veneer wainscot is`proposed for the base with recessed the accents on the building. Clerestory windows with foam accents are proposed along the middle third of the elevation: Overall, staff is pleased with the conceptual elevation, but will continue to work witR the applicanton the treatment of the biahk upper and lower portions of the elevation, as well at the treatment of the exposed east wall, that results from the addition to the front of the building: A condition of approval requiring a final elevation plan addressing these issues has been included. in the draft7esolution. ~~,. W~t~ ~ ~a~ Wit, ,, ~ F~cposed east wall b t ~ y ~ x ~r r r~ r~~~ f ~~ ~,3 ~nt~sst x~ rw2 % s" '~ ~' ~ rv i ~-~.Y-` ifs ~"~ 3 ~:r ~TM a^ ~ ~, t ~, /'fit' .,_ .~~.,...P; GMT ~,~"~~-M'>"r y ~.~a~~~~'~'~'~~~rn Staff Report to the Planning Commission April 2, 2007. Item No. 7 (7) The .roof-mounted equipment would be fully urrounded by a parapet wall and tower element which would screen it as required by code (refer to Exhibit No: 3 -Roof Plan). The mechanical equipment for the rest of the center is currently located do the roof as well: (t3) The letter of operation states that Mother's Market is an Orange County based natural and ' olganic food grocely store that currently: has foul stores in the country: The store would. operate seven days a week from 8 a.m. to 10 p.m. The operatiohs would consist of two shifts df approximately 12 to 15 employees per shift: Minimal beer and wine sales are also prdpdsed. ENVIRONMENTAL IMPACT ANALYSIS: (9) Staff has reviewed tfie proposal to expand the existing commercial retail center and prepared the Initial. Study (a copy of which is available for review in the Planning Department) which finds no significant environmental impact and, therefore, recommends thata Negative Declaration beapproved. EVALUATION: (10) Small markets with beer and wine sales and roof-mounted equipment are permitted in the General Commercial; Scenic Corridor Overlay zone; subject to the approval df a conditional use permit. (11) In addition to the request for a conditional use permit for a small market with beer and wine sales, the applicant has applied for a determination of public convenience or necessity in order td obtain a Type 20 (Off-Sale Beer and Wine) licenser Due to an over concentration df off-sale licenses within the Census Tract; a determination of public convenience or necessity is required from the City. of Anaheim. by the Department of Alcoholic Beverage Control (ABC)s (12) The Anaheim Police Department has submitted the attached memorandum dated March 6, 2007; stating that thisproperty is located within Reporting District .1339; which hasa crime rate of 14 percent below the average. Thisleporting district is depicted in the attached map. The population within the cehsus tract allows for 3 off-sale licenses, and there are presently 5 active licenses. Based oh the over condentration of licenses, the Police. Department opposes the request; Although the Police Department consistently recommends denial for requests where there is an dverconcentratidn in licenses, it does not feel thatthe market and beer and wine sales would be detrimental td the area Conditions of approval recommended by the Police Department have been incorporated into the draft resolution;, (13) The Planning Commissidn has established a policy to determine whether a determination of public convenience or necessity is appropriate. The following is the list of factors to' - consider when evaluating a request: (a) How significant is the "undue concentration "? In census tracts with a few excess licenses, it may 6e easier to justify the need for additional licenses when considering other factors. However, in areas with a significant number of excess licenses, the City. Page 5 Staff Report to the Planning Commission April 2, 2007 Item No. 7 should carefully examine, based on submitted evidence and the whole recdrd; whether it would be'appropnate to make the requested finding. The population allows for 3 bff sale licenses and there are presently 5 licenses. The proposed market is located within a large comme~cialYetail center. While there are 7estauranfestablishments within the center that serve beerand wine; there are currently no retail stores that sell beerand wine for off premises consumption. 76) How close is the proposed site to a residential neighborhood and/or school? If the site is in close proximity to a residential neighborhood or school, then the decision on whether to make the finding of PCN should give weight to these sensitive land uses. Canyon High School is located across Santa Ana Canyon Road to the south. Access to the school is gained via Imperial Highway, approximately 1300 feet south of Santa Ana Canyon Road. Additidnally; there are single-family residential neighborhoods to the east and southeast. Because the amount of beer and wine offered would be minimal, the sales should not affect the surrounding school and residential uses. There are other outlets for beer and wine within similar distance td the school. (c) How close are other alcohol outlets? Are outlets in close proximity or are they spread throughout the census tract?7f the'dutlef is located near the bordercf the census tract; isYhere a cluster of outlets in the vicinity;of the outlet located in the adjoining census tracts? In some areas there are a large number of businesses providing: alcohol in close proximity: As a result, the impact is greater than if the same bumber df businesses werespread thrdughout the census tract. In these` instances, itmay 6e:difFcult to make the finding.: There are no retail stores that offer alcohol within the same shopping center. The closest storesthat self alcoholic beverages would tie Vons and Rite Aid, both located at the southwest cornet of Santa Ana Canyon Road and Imperial Highway. Both businesses currently have a Type 20 (Off-sale -Beer and Wine) license: (d) Are there similar businesses already in the area? Is this the first business of this type or are these several similarbusinessesnearby? If the product is already available, then it would 6e harder td justify the public need: There are two off-sale licenses in the immediate vicinity; as indicated in paragraph (c); above. This store will sell'specialty beer and wine which may not be available at thectFer two stores. (e) Is the sale of alcohol an integral part of the primary purpose of the business? A "dinner house" would normally sell alcohol; however, a gas station or breakfast cafe would not' The sale of alcohol is anticipated to be less than 5 percent of the gross sales for the grocery store. The letter of operation indicates that this is an organic market (grocery store) in whicfi specialty beer andwine would tie available to customers: Page 6 Staff Report fo the Planning Commission April 2; 2007 Item No. 7 (f)' " /s there a history of alcohol-related problems in the area? Determination"bf PCN in reporting districts that have a much higher than average crime rate will be more difficult to justify: Likewise, even if the proposed location is in a census tract that does hdf have a higherthan average orimeYate; it maybe adjacent to one or more reporting districts that have a higher than average crime7ate: The Police Department has responded to this shopping center 145 times in the last year; The Police Department has indicated that based oh the size of the center and variety of business, thehumberof calls isnotsutistantial; Many can be attributed to alarm systems going off or other nonviolent incidents.+There has only been one call for public drunkenness: The crime rates for adjacent reporting districts to the east, west and south are lower than the City average: The reporting district to the north. (across the 91 Freeway) has a crime rate of 9 percent above the City average: (g) Are there unusual factors whichare applicable to a particular location? The establishmenYmaycater to a specific customer such as specialty markets or warehouse stores;'Yn these7nstances the Planning Commissidn may determine that the unusual factorsare sufficientYd determine publicconvenienceiornecessity. Because the market is a fiealth oriented business,'there is a focus on' natural and organic tieer and wine which are not'available'at nearbyalcohof dutlets or traditional grocery stores. (h) Is the proposed site in an area which has both an over concentration of licenses and a higher than'average crime rate?7n suchinstances;: it may be more difficulfto make the finding. There is only an bvercohcentration in the numberbf licenses within the census tract. The site in ah area witha crime rate 14 percent tieldw the City average: (i) ' Would a particular establishment have mitigating operational characteristics such as increased security, limited hours of operation or bulk sales anti/or temperatures: not conducive to on-site consumption? The market would not advertise the sale of beer and wine. Hours df operation are limited to 8 a.m: to 10 p.m. (14) The applicant has completed the attached Statement of Justification for Public Coweniende or Necessity which states that the total sales of beer and'wine would be less than five percent of gross sales. Additionally, since the market has a focus on natural and organic products, the selection of beer and wine would be unlike that which would be found in a typical grdcery store: Staff recommends aooroval of the request for a market with beer and wine sales as well as the determination of public convehience or necessity. (15) The six (6) roof-mounted units proposed would not be visible from Santa Ana Canyon Road 'dr the surrounding private property within the commercial center. The parapet screening is incorporated into the architecture of the building and would comply withal) the requirements of the Code pertaining to the establishment of roof-mounted equipment within the Scenic Corridor. Because the equipment would not be visible from any publidstreet; Page 7 Staff Report to the Planning Commission April 2, 2007 Item No. 7 public or private property at finished grade level, or any floor level of any residential- structure, staff recommends approval of the request for roof-mounted'equpment. , (16) The applicant proposes to provide less parking than what the code requires. Code requires a minimum of j,1_45 parking spaces for this proposed building and other uses on the. property, ahd 842 spaces are proposed: The applicant has submitted a parking study :...update prepared. by Paul Singer, P.E:, dated September 16 2006; to substantiate the requested parking waiver.: Parking surveys were conducted several times during peak parking demand periods and the results of the survey indicate over 200 vacant parking - stalls on the property for each survey period: The City's traffic consultant has reviewed the parking analysis and has determined that: the proposed parking is sufficient for the. proposed market aid existing uses within the commercial center (17p The parking analysis indicates the following findings to justify the requested parking waiver.: "(a) The shopping center, with the expansion to include Mother's Market; will provide sufficient dnsite parking for all uses: The site will provide a surplus of 158 parking spaces atiove the observed parking demand, including. a 10% buffer.: (b) The proposed project will not increase or compete for on street parking because its parking lot has more than adequate parking (249 surplus. spaces) to accommodate both the existing retail commercial center uses and the proposed market. (c) The project parking lot is physically separated from other adjacent development. Furthermore, there is ho reason for overflow parking from this site to encroach onto other parking facilities because the project's parking lot provides ample parking as indicated in the parking analysis. (d) Traffic and parking congestion will not occur because the site, with the expansion to include Mother's Market, will provide sufficient onsite parking for all uses. No congestion wllf occur due topatrons searching for parking. spaces.. {e) The proposed commercial retail building would not change the existing traffic. circulation or access to or from adjacent streets or private p~dperties, or impact the existing on site circulation within the existing parking areas on the property.... Therefore, there will be no impeding of traffic access into or out of adjacent parking lots:' FINDINGS: (18) Before the Planning Commission grants any major modification to a conditional use permit,. it must make a finding of fact that the evidence presented shows that all of the following conditions exist: Page 8 1 Staff Report to the Planning Commission April 2, 2007 Item No. 7 (a) That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code, or that said use is not listed thereiri as being a permitted use; (b) 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 belocated; (c) Thafthe size and shape of the site proposed for the use is adequate to alldw the full development of the proposed use in a manner not detrimental to the particular area or to health and safety; (d) That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and (e)`, That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety and general welfare of the citizens of the City of Anaheim:. (19) Section 18.42.110 of the parking code 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 any; will not cause fewer off-street parking spaces td 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. (b) That the waiver, under the conditions imposed; if any, will not increase the demand and competition for parking spaces upoh 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 spaces upon adjacent private property in the immediate vicinity of the proposed use. (d) That the waiver, under the conditions imposed; wil(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. 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 ih 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 waiver. Exceeding, violating, intensifying or otherwise deviating from any of the assumptions as contained in the Parking Demand Study shall. be deemed a violation of the express conditions imposed upon the waiver, which shall subject the waiver td revocation Page 9 Staff Report to the Planning Commission April 2, 2007 Item No. 7 or modification pursuant to the provisions of Section 18.60.200 (City-Initiated Revocation or Modification of Permits). RECOMMENDATION: (20) Staff recommends that the Planning Commission take the following actions as indicated in fhe attached resolutions including the findings and cohditions contained therein: (a) By motion, approve the Negative Declaration. (b) By motion, approve the parking waiver. (c) By resolution approve Conditional Use Permit No: 2007-05191'. (d) By resolution aop~ove PublidConverience or Necessity No'. 2007-00033. Page 10 [DRAFT] RESOLUTION NO. PC2007--""" A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05191 BE GRANTED (5761 EAST SANTA ANA CANYON ROAD) 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 1: THAT PORTION OF LOT 4 OF THE DOMINGUEZ ESTATE, AS SHOWN ON A LICENSED SURVEYOR'S MAPS FILED IN BOOK 2, PAGE 15 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF TRACT NO. 7470, AS SHOWN ON A MAP RECORDED IN BOOK 326, PAGES 18, 19 AND 20 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, BEING A POINT ON THE NORTHWESTERLY LINE OF THE SANTA ANA VALLEY IRRIGATION COMPANY, AS DESCRIBED IN DEED RECORDED MARCH 7, 1940 IN BOOK 1033, PAGE 362 OF OFFICIAL RECORDS; THENCE ALONG SAID NORTHWESTERLY LINE SOUTH 74° 10' 35" WEST 507.09 FEET, NORTH 15° 49' 25" WEST 3.00 FEET, AND SOUTH 74° TO' 35 WEST 298.59 FEET TO THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN DEED TO W.F. GLEASON AND WIFE, RECORDED MAY 22, 1951 IN BOOK 2191, PAGE 226 OF SAID OFFICIAL RECORDS, BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG 'SAID NORTHWESTERLY LINE SOUTH 74° 10' 35"WEST 715.09 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 818.20 FEET, AND WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 09° 21' 14", AN ARC DISTANCE OF 133.58 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 4, A RADIAL LINE OF SAID CURVE PASSING THROUGH SAID POINT BEARS SOUTH 06° 28" 11" EAST; THENCE ALONG SAID WESTERLY LINE, NORTH 0° 16' 25" WEST 60925 FEET TO THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED FEBRUARY 27, 1969 IN BOOK 9995; PAGE 577 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LAST MENTIONED LAND, NORTH 70° 23' 17" EAST 132.19 FEET, NORTH 60° 52' 01" EAST 189.71. FEET, AND NORTH 56° 00'53" EAST 179.51 FEET TO THE NORTHEASTERLY LINE OF SAID LOT 4; THENCE ALONG SAID NORTHEASTERLY LINE, SOUTH 81° 34' 25" EAST 125.13 FEET, SOUTH 50° 34' 25" EAST 132.00 FEET, AND SOUTH 65° 19' 25" EAST 142.68 FEET TO THE NORTHWESTERLY CORNER OF SAID LAND OF W.F. GLEASON; THENCE ALONG THE WESTERLY LINE OF SAID LAST MENTIONED LAND, SOUTH 03° 22' 25" EAST 464.60 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 1A: COMMENCING AT THE SOUTHWEST CORNER OF TRACT NO. 7470, PER MAP RECORDED IN BOOK 326, PAGES 18 THROUGH 20 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, BEING AT A POINT ON THE NORTHWESTERLY LINE OF SANTA ANA CANYON ROAD, 7160 FEET NORTHWESTERLY AT RIGHT ANGLES FROM THE CENTERLINE OF THE WESTBOUND LAND THEREOF AS SHOWN ON SAID TRACT NO. 7470; THENCE ALONG SAID NORTHWESTERLY LIEN OF SANTA ANA CANYON ROAD, SOUTH 74° 10' 35" WEST 507.09 FEET, AND NORTH 15° 49' 25" WEST 3.00 FEET, AND SOUTH 74° 10' 35" WEST 269.55 FEET TO THE TRUE POINT OF BEGINNING THENCE SOUTH 15° 49' 25" EAST 42.60 FEET; THENCE SOUTH 74° 10 35" WEST 660.11 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1968.00 FEET, THENCE ALONG SAID CURVE, THROUGH AN ANGLE OF 6° 39' 31", AN ARC LENGTH OF 228.71 FEET TO A Cr\PC2007- -1- PC2007- POINT ON THE SOUTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID LOT 4; THENCE ALONG SAID PROLONGATION AND SAID WESTERLY LINE, NORTH 00° 16' 15" WEST 41.74 FEET TO A POINT ON A CURVE NORTHWESTERLY AND HAVING A RADIUS OF 818.20 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 6° 28' 11" WEST; THENCE EASTERLY ALONG SAID CURVE, THROUGH AN ANGLE OF 9° 21' 14", AN.ARC LENGTH OF 133.56 FEET; THENCE ALONG TANGENT LINE, NORTH 74 10' 35" EAST 744.13 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF LOT 3 OF THE DOMINGUEZ ESTATE, AS SHOWN ON A MAP FILED IN BOOK 2, PAGE 15 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE CENTERLINE OF PLACENTIA-YORBA ROAD, AS SHOWN ON PLANS ENTITLED "PLAN AND PROFILE OF PLACENTIA-YORBA ROAD" ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID COUNTY, DISTANT THEREON NORTH 0°28' 36" EAST 384.41 FEET FROM ITS INTERSECTION WITH THE CENTERLINE OF SANTA ANA CANYON ROAD, 60.00 FEET WIDE, AS SHOWN ON A'MAP ON FILE IN SAID OFFICE OF THE COUNTY SURVEYOR; THENCE SOUTH 83°46' 57" EAST 230.68 FEET TO THE WEST LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED JANUARY 23, 1953 IN BOOK 2441, PAGE 84 OF OFFICIAL RECORDS IN SAID OFFICE; THENCE NORTH 65° 02' 06" EAST 202.77 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 86° 25' 25" EAST 160.31 FEET; THENCE NORTH 71°12' 00"EAST 116.09 FEET TO THE SOUTHERLY CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED (STATE PARCEL C2577) RECORDED FEBRUARY 27, 1969 IN BOOK 8885, PAGE 577 OF OFFICIAL RECORDS IN SAID OFFICE; THENCE ALONG THE EASTERLY LINE OF SAID LOT 3, SOUTH 0° 32' 18" WEST 609.26 FEET TO A POINT IN THE NORTHERLY LINE OF THE. SANTA ANA VALLEY IRRIGATION COMPANY CANAL RIGHT-OF-WAY, THE CENTERLINE OF WHICH IS SHOWN ON A MAP FILED IN BOOK 4, PAGES 44 TO 50 INCLUSIVE OF RECORD OF SURVEYS IN SAID OFFICE, SAID POINT BEING ON A CURVE RECORD OF SURVEYS IN SAID OFFICE, SAID POINT BEING ON A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 818.20 FEET; THENCE FROM A TANGENT BEARING SOUTH 84° 20' 31" WEST, WESTERLY ALONG SAID CURVE, THROUGH AN ANGLE OF 22° 40' 42", AN ARC DISTANCE OF 323:85 FEET TO THE SOUTHERLY TERMINUS OF THE EASTERLY LINE SHOWN AS "SOUTH 1 DEGREE 50' 03" WEST, 257.80 FEET' IN PARCEL 2 OF THAT PORTION OF IMPERIAL HIGHWAY RELINQUISHED TO THE CITY OF ANAHEIM (REL-820) BY RESOLUTION OF THE CALIFORNIA HIGHWAY COMMISSION, A CERTIFIED COPY OF WHICH RESOLUTION IS RECORDED IN BOOK 10969, PAGE 47 OF SAID OFFICIAL RECORDS, AND AS SHOWN ON MAP RECORDED MAY 23, 1973 IN BOOK 9, OF STATE HIGHWAY MAPS IN SAID OFFICE; THENCE ALONG SAID EASTERLY LINE OF IMPERIAL HIGHWAY, NORTH 1° 50' 03" EAST 257.80; FEET: THENCE NORTH 9° 56' 32" EAST 276.46 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2A: ALL THAT CERTAIN REAL PROPERTY BEING THAT PORTION OF THE SANTA ANA VALLEY IRRIGATION COMPANY CANAL CONVEYED TO THE SANTA ANA VALLEY IRRIGATION COMPANY BY DEED RECORDED JULY 18, 1934 IN BOOK 685, PAGE 255 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY, LYING WITHIN THE LIMITS OF THE SOUTHERLY PROLONGATION OF THE SIDE LINES OF LOT 3 OF "DOMINGUEZ ESTATE", AS SHOWN ON A MAP FILED IN BOOK 2, PAGE 15 OF 'RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THAT PORTION LYING WESTERLY OF THE EASTERLY LINE, AND THE SOUTHERLY PROLONGATION OF SAID EASTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA RECORDED JANUARY 23, 1953 IN BOOK 2441, PAGE 84 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY. _2_ PC2007- WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the ` City of Anaheim on April 2, 2007., 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 request to expand an existing commercial retail center to construct a small market with retail sales of beer and wine for off-premises consumption and accessory roof-mounted equipment is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.08.030.040.0402 (Small Market with Alcoholic Beverage Sales -Off-Sale) and 18.18.090.0202 (Roof-mounted Equipment in the Scenic Corridor Overlay) with the following waiver: SECTION NO. 18.42:040.010 Minimum number of parking spaces 1( ,145 spaces required; 842 proposed) 2. That the parking waiver is hereby approved based upon an update to a previous parking. demand study prepared by Paul Singer, P.E., providing evidence that adequate parking exists on the property for the existing commercial retail center and proposed market. 3. That the parking waiver, under the conditions imposed, if any; will not cause. fewer off-street parking spaces to be provided for the commercial retail center and proposed market than the number of such spaces necessary to accommodate all vehicles attributable to such. use under the normal and reasonable foreseeable conditions of operation because the parking study indicates that the peak parking demand for off-street parking spaces is lower than the quantity provided for the project site 616 spaces needed and 842 spaces proposed). 4. That the parking waiver, under the conditions imposed, if any, will not increase traffic congestion and will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the use because the commercial retail center and proposed market will have adequate parking to accommodate the project's peak parking demands. 5. That the parking waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use because as indicated in the parking study, adequate parking to accommodate the anticipated project peak parking demantl will be provided on-site. 6. That the parking 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 because the project site is physically separated from adjacent private properties. Furthermore, it has been determined by the parking study that adequate on-site parking spaces are being provided. 7. That the 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 the parking study has demonstrated that the site can accommodate the combined uses on site; 8. That the proposed roof-mounted equipment would be properly screened from view and that other buildings within the commercial center are already developed with roof-mounted equipment. 9. That the granting of the conditional use permit under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim because this is a retail use .3_ PC2007- proposed within an existing commercial center that is designed in a manner that is consistent with the other existing buildings. 10. 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; 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 grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That final elevation plans shall be submitted to the Planning Services Division of the Planning Department for review and approval. Any decision made by the Planning Services Division regarding said plan may be appealed to the Planning Commission.. 2. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened by architectural devices and/or appropriate building materials. Said information shall be specifically shown on the plans submitted for building permits. 3. That 4-foot high street address numbers shall be displayed flat on the roof of the building in a color that contrasts with the roof material. The numbers shall not be visible from the streets or adjacent properties. Said information shall be specifically shown on plans submitted for building permits. 4. That a plan sheet for solid waste storage, collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division for review and approval. 5. That a double trash enclosure shall be provided and maintained in a location acceptable to the Public Works Department and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one-gallon size clinging vines planted on maximum three-foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 6. That an on-site trash truck turn-around area shall be provided per Engineering Standard Detail No. 476 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn-around area shall be specifically shown on plans submitted for building permits. 7. That the project shall provide for accessible truck deliveries on-site. Said information shall be specifically shown on plans submitted for building permits. 8. That all new backflow equipment shall be located above ground and outside of the street setback area in a manner fully screened from all public streets. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water system equipment shall be -4- PC2007- installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans and approved by the Water Engineering Department. Prior to issuance of a grading permit. the following conditions shall be complied with: 9. That because the site is located within a liquefaction zone on a Seismic Hazard Map issued by the State of California Divisions of Mines and Geology (DMG), the developer must submit a geotechnical report. Prior to final building and zoning inspections the following conditions shall be complied with: 10. That all requests for new water services or fire Tines, as well as any modifications, relocations, or abandonment's of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. 11. That an Emergency Listing Card, Form APD-261 shall be completed .and submitted in a completed form to the Anaheim Police Department. 12. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 3, and as conditioned herein. General Conditions: 13. That any required relocation of City electrical facilities shall be at the developer's expense. 14. That there shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 15. That no display of alcoholic beverages shall be located outside of a building or within five (5) feet of any public entrance to the building: 16. That the area of alcoholic beverage displays shall not exceed 25% of the total display area in a building. 17. That sale of alcoholic beverages shall be made to customers only when the customer is in the building. 18. That beer and malt beverages shall not be sold in packages containing less than a four (4) pack, and that wine coolers shall not be sold in packages containing less than a four (4) pack. 19. That no wine shall be sold in bottles or containers smaller than 750 ml. 20. That no person between eighteen (18) and twenty-one (21) years of age shall sell or be permitted to sell any alcoholic beverage up to 10 p:m. unless a supervisor twenty-one (21) years or older approves the transaction. 21. That no person under twenty-one (21) years of age shall sell or be permitted to sell any alcohol. 22. That the possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around these premises. -5- PC2007- 23. That there shall be no amusement machines, video game devices, or pool tables maintained upon the premises at any time. 24. That there shall be no public telephones on the property that are located outside the building and within the control of the applicant. 25. That the gross sales of alcoholic beverages shall nofexceed 35 percent of all retail sales during any three (3) month period. The applicant shall maintain records on a quarterly basis indicating the separate amounts of sales of alcoholic beverages and other items. These records shall be made available for inspection by any City of Anaheim ofFlcial when requested. 26. That all trash generated from the market and commercial retail center shall be properly contained in trash bins located within approved trash enclosures. The number of bins shall be adequate and the trash pick-up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property. The Community Preservation Division of the Planning Department shall determine the need for additional bins or additional pick-up. All costs for increasing the number of bins or frequency of pick-up shall be paid by the business owner. 27. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty- four {24) hours from the time of discovery. 28. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 29. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal. 30. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 31. That timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying atl charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the Issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. -5- PC2007- THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 2, 2007. 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 April 2, 2007, 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 2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -7- PC2007- [DRAFT] RESOLUTION NO. PC2007--*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2007-00033 FOR AN ALCOHOLIC BEVERAGE CONTROL LICENSE (5761 EAST SANTA ANA CANYON ROAD) WHEREAS; on July 11, 1995, the City Council adopted Resolution No. 95R-134 establishing procedures and delegating certain responsibilities to the Planning Commission relating to the determination of "public convenience or necessity/' on those certain applications requiring that such determination be made by the local governing body pursuant to applicable provisions of the Business and Professions Code, and prior to issuance of a license by the Department of Alcoholic Beverage Control (ABC); and WHEREAS, Section 23958 of the Business and Professions Code provides that the ABC shall deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an undue concentration of licenses, except when an applicant has demonstrated that public convenience or necessity would be served by the issuance of a license; and WHEREAS, the Planning Commission of the City of Anaheim did receive an application for a Determination of Public Convenience or Necessity to permit the sales of beer and wine for off-premises consumption within a proposed market on certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 1: THAT PORTION OF LOT 4 OF THE DOMINGUEZ ESTATE, AS SHOWN ON' A LICENSED SURVEYOR'S MAPS FILED IN BOOK 2, PAGE 15 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, .CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF TRACT NO. 7470, AS SHOWN ON A MAP RECORDED IN BOOK 326, PAGES 18, 19 AND 20 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, BEING A POINT ON THE NORTHWESTERLY LINE OF THE SANTA ANA VALLEY IRRIGATION COMPANY, AS DESCRIBED IN DEED RECORDED MARCH 7, 1940 IN BOOK 1033, PAGE 362 OF OFFICIAL RECORDS; THENCE ALONG SAID NORTHWESTERLY'LINE SOUTH 74° 10' 35" WEST 507.09 FEET, NORTH 15° 49' 25" WEST 3.00 FEET, AND SOUTH 74°' 10' 35 WEST 298.59 FEET TO THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN DEED TO W.F. GLEASON AND WIFE, RECORDED MAY 22, 1951 IN BOOK 2191; PAGE 226 OF SAID OFFICIAL RECORDS, BEING THE TRUE POINT OF BEGINNING, THENCE CONTINUING ALONG SAID NORTHWESTERLY LINE SOUTH 74° 10' 35" WEST 715.09 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 818.20 FEET; AND WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 09° 21' 14", AN ARC DISTANCE OF 133.58 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 4, A RADIAL LINE OF SAID CURVE PASSING THROUGH SAID POINT BEARS SOUTH 06° 28" 11" EAST; THENCE ALONG SAID WESTERLY LINE, NORTH 0° 16' 25" WEST 609.25 FEET TO THE SOUTHWESTERLY CORNER OF THE LANp DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED FEBRUARY 27, 1969 IN BOOK 9995, PAGE 577 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LAST MENTIONED LAND, NORTH70° 23' 17" EAST 132.19 FEET, NORTH 60° 52' 01" EAST 189.71 FEET, AND NORTH 56° 00'53" EAST 179.51 FEET TO THE NORTHEASTERLY LINE OF SAID tOT 4; THENCE ALONG SAID NORTHEASTERLY LINE, SOUTH 81° 34''25" EAST 125.13 FEET, SOUTH 50° 34' 25" EAST 132.00 FEET, AND SOUTH 65° 19' 25" EAST 142.68 FEET TO THE NORTHWESTERLY CORNER OF SAID LAND OF W.F. GLEASON; THENCE ALONG THE Cr\PC2007- -1- PC2007- WESTERLY LINE OF SAID LAST MENTIONED LAND, SOUTH 03° 22' 25" EAST 464.60 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 1A: COMMENCING AT THE SOUTHWEST CORNER OF TRACT NO. 7470, PER MAP RECORDED IN BOOK 326, PAGES 18 THROUGH 20 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, BEING AT A POINT ON THE NORTHWESTERLY LINE OF SANTA ANA CANYON ROAD, 7160 FEET NORTHWESTERLY AT RIGHT ANGLES FROM THE CENTERLINE OF THE WESTBOUND LAND THEREOF AS SHOWN ON SAID TRACT NO: 7470; THENCE ALONG SAID NORTHWESTERLY LIEN OF SANTA ANA CANYON ROAD, SOUTH 74° 10' 35" WEST 507.09 FEET, AND NORTH 15° 49' 25" WEST 3.00 FEET, AND SOUTH 74° 10' 35" WEST 269.55 FEET TO THE TRUE POINT OF BEGINNING THENCE SOUTH 15° 49' 25" EAST 42.60 FEET; THENCE SOUTH 74° 10 35" WEST 660.11 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1968.00 FEET; THENCE ALONG SAID CURVE, THROUGH AN ANGLE OF 6° 39' 31", AN ARC LENGTH OF 228.71 FEET TO A POINT ON THE SOUTHERLY PROLONGATION'OF THE WESTERLY LINE OF SAID LOT 4; THENCE ALONG SAID PROLONGATION AND SAID WESTERLY LINE, NORTH 00° 16' 15" WEST 41.74 FEET TO A POINT ON A CURVE NORTHWESTERLY AND HAVING A RADIUS OF 818.20 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 6° 28' 11" WEST; THENCE EASTERLY ALONG SAID CURVE, THROUGH AN ANGLE OF 9° 21' 14", AN ARC LENGTH OF 133.56 FEET; THENCE ALONG TANGENT LINE, NORTH 74 10' 35" EAST 744.13 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF LOT 3 OF THE DOMINGUEZ ESTATE, AS SHOWN ON A MAP FILED IN BOOK 2, PAGE 15 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE CENTERLINE OF PLACENTIA-YORBA ROAD, AS SHOWN ON PLANS ENTITLED "PLAN AND PROFILE OF PLACENTIA-YORBA ROAD" ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID COUNTY, DISTANT THEREON NORTH 0°28' 36" EAST 384.41 FEET FROM ITS INTERSECTION WITH THE CENTERLINE OF SANTA ANA CANYON ROAD, 60.00 FEET WIDE, AS SHOWN ON A MAP ON FILE IN SAID OFFICE OF THE COUNTY SURVEYOR; THENCE SOUTH 83°46' S7" EAST 230.68 FEET TO THE WEST LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED JANUARY 23, 1953 IN BOOK 2441, PAGE 84 OF OFFICIAL RECORDS IN SAID. OFFICE; THENCE NORTH 65° 02' 06" EAST 202.77 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 86° 25' 25" EAST 160.31 FEET; THENCE NORTH 71°12' 00" EAST 116.09 FEET TO THE SOUTHERLY CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED (STATE PARCEL C2577) RECORDED FEBRUARY 27, 1969 IN BOOK 8885, PAGE 577 OF OFFICIAL RECORDS IN SAID OFFICE; THENCE ALONG THE EASTERLY LINE. OF SAID LOT 3, SOUTH 0° 32' 18" WEST 609.26 FEET. TO A,POINT fN THE NORTHERLY LINE OF THE SANTA ANA VALLEY IRRIGATION COMPANY CANAL RIGHT-OF-WAY, THE CENTERLINE OF WHICH IS SHOWN ON A MAP FILED IN BOOK 4, PAGES 44 TO 50 INCLUSIVE OF RECORD OF SURVEYS IN SAID OFFICE, SAID POINT BEING ON A CURVE RECORD OF SURVEYS IN SAID OFFICE, SAID POINT BEING ON A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 818.20 FEET; THENCE FROM A TANGENT BEARING SOUTH 84° 20' 31" WEST, WESTERLY ALONG SAID CURVE, THROUGH AN ANGLE OF 22° 40' 42", AN ARC DISTANCE OF 323.85 FEET TO THE SOUTHERLY TERMINUS OF THE EASTERLY LINE SHOWN AS "SOUTH 1 DEGREE 50' 03" WEST, 257.80 FEET' IN PARCEL 2 OF THAT PORTION OF IMPERIAL HIGHWAY RELINQUISHED TO THE CITY OF ANAHEIM (REL-820) BY RESOLUTION OF THE CALIFORNIA HIGHWAY COMMISSION, A CERTIFIED COPY OF WHICH RESOLUTION IS RECORDED IN BOOK 10969, PAGE 47 OF SAID OFFICIAL RECORDS, AND AS SHOWN ON MAP RECORDED MAY 23, 1973 IN BOOK 9, OF STATE HIGHWAY MAPS IN SAID OFFICE; THENCE ALONG SAID EASTERLY LINE OF IMPERIAL HIGHWAY, NORTH 1° 50' _2_ PC2007- 03" EAST 257.80; FEET: THENCE NORTH 9° 56' 32" EAST 276.46 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2A: ALL THAT CERTAIN REAL PROPERTY BEING THAT PORTION OF THE SANTA ANA VALLEY IRRIGATION COMPANY CANAL CONVEYED TO THE SANTA:ANA VALLEY IRRIGATION COMPANY BY DEED RECORDED JULY 18, 1934 IN BOOK 685, PAGE 255 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY, LYING WITHIN THE LIMITS OF THE SOUTHERLY PROLONGATION OF THE SIDE LINES OF LOT 3 OF "DOMINGUEZ ESTATE", AS SHOWN ON A MAP FILED IN BOOK 2, PAGE 15 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THAT PORTION LYING WESTERLY OF THE EASTERLY LINE, AND THE SOUTHERLY PROLONGATION OF SAID EASTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA RECORDED JANUARY 23, 1953 IN BOOK 2441, PAGE 84 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 2, 2007, at 2:30 p.m., notice of said public hearing having been duly given as required by Resolution No. 95R-134 and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed determination of public convenience or necessity for an alcoholic beverage control license to investigate and make findings and recommendations in connection therewith; and WHEREAS, 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 C-G (SC) (General Commercial, Scenic Corridor Overlay) zone permits the retail sales of alcoholic beverages, including beer and wine, for off-premises consumption as a permitted accessory use subject to the approval of a conditional use permit, and. the intent of the Code is to provide such sales as convenience for customers. 2. That California state law requires a Determination of Public Convenience or Necessity when property is located in a police reporting district with a crime rate above the city average; and that Section 23958 of the Business and Professions Code provides that the ABC shall deny an application for a license if issuance of that license would tend to create a law enforcement problem or if issuance would result in, or add to, an undue concentration of licenses, except when an applicant has demonstrated that public convenience or necessity would be served by issuance of a license. 3. That Resolution No. 95R-134 authorizes the City of Anaheim Police Department to make recommendations related to the public convenience or necessity determinations; and when the sale of beer and wine for off-premises consumption is permitted by the Municipal Code, said recommendations shall take the form of conditions of approval to be imposed on the determination in order to ensure that the sale of beer and wine does not adversely affect any adjoining land use or the growth and development of the surrounding area. 4. That the accessory sales of beer and wine, as proposed and as approved, will not have a negative impact on the surrounding area due to the operational characteristics of the market, which operates in a similar manner to grocery stores that typically provide alcohol sales. 5. That the market would provide specialty natural and organic beer and wine that is not sold at nearby retail establishments. 6. That the public convenience or necessity will be served because the applicant would be the only retailer within the large commercial retail center that would offer beer and wine for off-premises consumption. -3- PC2007- 7. That the Determination of Public Convenience or Necessity can be made based on the finding that the license requested is consistent with the Planning Commission policy for such determinations 8. That "` indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal to permit the sales of beer and wine for off-premises consumption within a proposed market; 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 determine that the Public Convenience or Necessity will be served by the issuance of a license for the sales of beer and wine for off-premises consumption at this location, BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice 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 April 2, 2007. Said resolution is subject to the appeal provisions set forth ih Chapter 18.60, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution iri the event of an appeal CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2007- 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 April 2, 2007, 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 2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -5- PC2007- Attachment -Item No. 7 APPLICANT'S STATEMENT OF JUSTIFICATION FOR PUBLIC CONVENIENCE OR NECESSITY ' The City Council has established procedures for the determination of Public Convenience or Necessity and has delegated the responsibility for making such determinations to the Anaheim Planhing Commission. In order to assist the Planning Commission in its deliberations. as to whether the public convenience or necessity would be served by permitting an additional alcohol establishment within an area containing an over concentration of licenses and/or high crime rate, please answer the following questions. 1. What is the primary purpose of your business? Is the sale of alcohol an essential part of the primary purpose of the business? Please explain. To provide the highest quality natural and organic products typically found in other Mother's Markets and in similar quality natural foods supermarkets such as Whole Foods and Wild Oats. We have determined that in all future stores, Mother's will include beer and wine departments as a part of our product mix since all of our competition (Wild Oats, Whole Foods., and Henry's Markets) sell beer and wine in their markets and many of our customers who are upscale consumers expect quality markets to have a selection of beer and wine. 2. Are there similar businesses or a concentration of alcohol outlets in the immediate area that already provide alcohol service? If so, how would the public convenience or necessity be served by permitting an additional license within the census tract? Apparently, there are other stores in the area that sell alcohol. However, we do not believe there are other stores with a focus on natural and organic beers and wines. Because we are a health oriented business, we believe that supporting smaller growers and artisans who produce these products is good for the environment and we believe that these products produced from organic and natural ingredients are the healthiest products for people to consume. 3. Is there a residential neighborhood or school adjacent to the property for which you are requesting a public convenience or necessity determination? If so, please explain how permitting an additional license would not disproportionately impact an adjacent residential neighborhood or school. There is a neighborhood adjacent to the center we are in. Our stores close at 10 pm. Beer and wine sales will constitute only a small percentage of our total space and sales. We do not believe our sale of beer and wine will adversely affect the neighborhood. 4. What percentage of your business do you anticipate will be alcohol sales? We anticipate total sales of less than 5% in beer and wine. s Application for detemrination °FPCN.doc revised 7/15/05 5. Does your business cater to a specific need or specialty which is not currently available in the area? Please explain. Yes. Natural and organic products including fresh produce, grocery and dairy products, prepared foods , vitamins and supplements, body care products, cheese, beerand wine, etc. 6. Are you proposing any specific operational measures to eliminate or limit any potential negative consequences from the sale of alcoholic beverages? Please explain. Yes. Customer ID's will be checked for anyone who appears to be under 35. Staff will ensure that alcoholic beverages are not consumed on site. 7. W hat type of license are you requesting from ABC? Is it an existing license? Type 20 (Off sale beer and wine). This is a request for a new license s Application Cor determination of PCN.doc rcvised 7/I S/OS ~~,~tini ~: . ~ y. <~. O' •'P A'. _ i _~ ',R: _ >1 ~rl ^: OVHbFD.`~.. BCe~itygggg oTT ®fyAFnahpT~eEyiemAg T~/~~j 1A~i 1 ®JL/1i~ e'' ~ e''1 A~ 1 11YJJ1 Special Operations Division Attachment -Item Plo. 7 To: Elaine Thienprasiddhi Planning Department From: Sergeant Mike Lozeau Vice Detail CC: Date: March 6, 2007 RE: CUP 2007-05191 Mothers Market 5761 E. Santa Ana Canyon Rd D Anaheim, CA 92807 The Police Department has received an I.D.C. Route Sheet for CUP 2007-05191. The applicant is requesting to construct a convenience market with off-premises sates of beer and wine. The location is within Reporting District 1339, which has a Crime Rate of 14 percent below average. It is also within Census Tract Number 219.05 which has a population of 5,216. This population allows for 3 off sale Alcoholic Beverage Control licenses and there are presently 5 licenses in the tract. It also allows for 6 on sale licenses and there are presently 6 and one pending licenses in the tract. The census tract boundaries are: North Freeway South Nohl Ranch /Santa Ana Canyon Rd East Weir Canyon West Imperial Highway. Off sale licenses in the subject census tract are: 8285 E. Santa Ana Canyon Rd Suite 105 8275 E, Santa Ana Canyon Rd 945 N. Weir Canyon Rd On sale licenses in the subject census tract are: 5753 E Santa Ana Canyon Rd Unit A 5761 E Santa Ana Canyon Rd Unit H 5701 E. Santa Ana Canyon Rd Unit P Anaheim Police Dept. 425 S. Harbor Blvd. Anaheim, CA 92805 TEL: 714.755.1401 FAX: 714.765.1665 Memorandum Elaine Thienprasiddhi Mother's Market 5717 E. Santa Ana Canyon Rd 5775 E. Santa Ana Canyon Rd 8285 E. Santa Ana Canyon Rd 5781 E. Santa Ana Canyon Rd The census tracts surrounding this location are as follows: North - 218.07 On Sale allowed 5/active 4 population 3,822 Off Sale allowed 3/active 2 South - 219.19 On Sale allowed 3/active 5 South - 219.21 On Sale allowed 5/active 4 South - 219.22 On Sale allowed 5/active 13 West - 218.13 On Sale allowed 1/active 6 West - 219.03 On Sale allowed 5/active 5 West - 219.15 On Sale allowed 5/active 1 population 2,767 Off Sale allowed 2lactive 2 population 4,520 Off Sale allowed 3/active 1 population 4,581 Off Sale allowed 3/active 4 population 43 Off Sale allowed 1/active 1 population 3,965 Off Sale allowed 3/active 1 population 4,074 Off Sale allowed 3/active 2 The Police Department has responded to this shopping center 145 times in the last year. The calls included: 1 public assist, 44 burglary, 10 robbery, 5 IosUstolen, 7 vandalism, 13 disturbance, 5 assaulUbattery, 3 fight, 2 domestic violence, 13 suspicious circumstance, 2 :narcotic possession, 9 theft, 3 911 hang up, 1 check the welfare, 1 person down, 1 AMC violation, 3 sex offense, 1 found explosive device, 3 forgery, 1 panic alarm, 5 stolen vehicle, 1 drunk in public, 1 violation of a court order The Reporting District north of the location is 1239; it has a crime rate of 9 percent above average. The Reporting District east is 1340; it has a crime rate of 80 percent below average. West is 1338; with a rate of 84 percent below average, and south of the location is 1439; with a crime rate of 15 percent below average. The Police Department opposes this request due to the over concentration of licenses in the area; however, we do not feet this use Page 2 Memorandum Elaine Theinprasiddhi Mother's Market would be detrimental to the area. The applicant will have to apply for Public Convenience or Necessity with the City of Anaheim. If PC or N is granted the Police Department requests that the following conditions are placed on the Conditional Use Permit: 1) There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages, Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 2) No display of alcoholic beverages shall be located outside of a building or within five (5) feet of any public entrance to the building. 3) The area of alcoholic beverage displays shall not exceed 25% of the total display area in a building. 4) Sale of alcoholic beverages shall be made to customers only when the customer is in the building. 5) That beer and malt beverages shall not be sold in packages containing less than a six (6) :pack, and that wine coolers shall not be sold in packages containing less than a four (4) pack. 6) The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around these premises. 7) There shall be no amusement machines, video game devices, or pool tables maintained upon the premises at any time. 8) There shall be no public telephones on the property that are located outside the building and within the control of the applicant. 9) The gross sales of alcoholic beverages shall not exceed 35 percent of all retail sales during any three (3) month period. The applicant shall maintain records on a quarterly basis indicating the separate amounts of sales of alcoholic beverages and other items. These records shall be made available for inspection by any City of Anaheim official when requested. 10) Any Graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. Page 3 Memorandum Elaine Thienprasiddhi Mother's Market 11) The petitioner shall be responsible for maintaining free of litter the area adjacent to the premises over which they have control, as depicted. 12) No wine shall be sold in bottles or containers smaller than 750 ml. Please contact me at extension 1451 if you require further information in .regards to this matter. f:\home\mminvin\2007-05191 CUP 5761 E. 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TRAM1JSPOR7A710N EYJGIPIEERING & °LRNldING Table of Contents: Sntroduction: Location: .. .. .. ................ ... Project Description : ................ Project Parking Supply :............... Study Elements: City Requirements : .................. Parking Usage : ...................... S tvdy Findings : .......................... Conclusion : ................ ...... Table o£ Exhibits: Location Map : ................... Site Plan : ......................... Parking Rreas : ...................... Table 1 - 3 Ca~iyon Plaza Building Occupant}^. .... Table 4: Parking Occupancy Survey: ..~. ........ Table 5: Parking Usage Summary : .............. Page 1 Page 1 Page 1 Page 1 Yage 5 Page = Page 9 & Page 11 Page 13 Page 14 Page 2 Page 3 Paoe ~ Page 6 Page 10 Page 11 ~~s~~ ~es~a~~u°y ~o~r TRANSPORTATION ENGINEERING R PLANIVRJG %1G3 ColumUus Drive • Anaheim Hills, +~alifocnla 9200' • (714j 281-3222 • Fax (714; 291-0503 S=_ptember lb, 2006 `-~rcera"' Mr. Jack Jakos}:y 3~F % L 20~F Jakosky Properties 503 32nd Street Suite 20D Nevmort Heach, CA. 92663 D=_ar Mr. Jakoslcy: Ref. No. 040]-OBA The following is an update of a previous Parking Demand Study dated June 1, 2004 of the Canyon Plaza Shopping Center. This update includes the parking demand for the newly construct=d building No. 5757 housing Starbucks, Corner Bakery and Z Pizza. This amended Parking Demand Study is focused on Building 5761. This building containing 10,073 sq. ft. is intended to be partially demolished (approximately 4,800 sq.ft.) and, replaced with a 9,600 sq. ft. building. The portion to be demolished was formerly occupied by Green Hurito, Christy's Donuts, Jewelry Mart and Tippy Nails and will be replaced by a 9,b00 sq. ft. building intended to be eccupied by Mothers Market. The total net addition to the Center's leasable space will be 4,800 sq ft. In order to acpommodate the 4,800 sq. ft. building addition, there will be a loss of 23 parking spaces which are located along the rear of the existing building. However the stall loss from City of Anaheim Parking Code standpoint will be less. The exis ling shop area comprising the 4,900 sq. ft. to be demolished contained a Green Burrito, Christys Donuts, Jewelry Mart and Tippy Nail. Green Burrito and Chtisty's Donuts accounted far 3.,000 sq.ft. at a fast food restaurant designation of 16 parking stalls per 1,000 sq. ft. Therefore when this square footage is clas sified as retail, the net parking gain per code is 31.5 stalls, With the addition of the 4,800 sq. ft. of building area added (which increases the parking stall count by 26.4 stalls) the net stall gain is 5.1 stalls. Further, Lucky Pearl Restaurant is vacating on 9/30/06 {located adj acenk North) and this space will be converted to retail which will add an additional net gain per code of 5 stalls. Therefore the net gain by changing uses in this building from Fast Food Restaurant and Restaurant uses to retail use, including the building of additional 9,800 sq. ft. is 10 parking stalls per Code, t9hen combining this code gain in stalls o~ith the ghysical loss of 23 parking stalls in the rear of the shopping center, the net loss is oni}~ 13 parking spaces. Page 1 Stud}', Fark_ng 5valuatiGn: Par}]11]a GCCllpan Cy and pa r)Cnc space Va Ca nC'J EllIC'FEV WaS. CGRdn CLEd On _. -e}:3ay, Thursday betv;een khe hours of ?hi and E FC•1. !•rEekend carl:ina vacancy surrey was conducted on Saturday betwe=_n`5 Ph aiid ~M. These parking survey times coincide with the great=_st parl_ing flemand at th=_ retail shops and restaura.^.t di:]ing attenda.]ce. Hs indicated on the =_nclosed Parkins Vacancy survey shears, even during tae times of most intensive parking demand adeq.;at=_ parkins va ca!]cv i s availa3ale. '''he Project site is marked for a total of 665 parking spaces but v;il1 be reduced to 842 spaces when the t4others Market building is extended to the rear. A parking demand survey was conducted on Friday afternoon betc•~een Che hours of 5 PM and 7 PM Gn July 7th, 2006 and between the hours of 5:30 PM 6:30 PM on July 8th, 2006 a Saturday. The selected times of the parking count survey are estimated to be L-he pea}: par}:ing errands of the Canyon Plaaa Shopping Center. In addition to the stated parking survey times Llrree additional risits co tL'e proj ecr site were made. In each instant=_ the parkina aacancy on the project site was greater than indicated on the Enclos=_d survey sheets. Only the worst case scenario rounts are C~nE2'?_f G1'E included in this report. The highest parking demar•d hours were chosen to provide the worst .rase scenario for parking occupancy at the Canyon Pla.a Shopping =Ent9r T1]e enclosed map erhihits of the parking areas of .:any on P1a~a i:enter are skiGOm Gn i•igure 1, indicate parking vacancy at 5 to ~ Ph7 ..~ Frida}~ and Figure <, indicates parking vacancy at 5 tc u Ph! on Sa CUrda~i . ~: i]c- e:er!i;:g narking survey times were cnosan as being th=_ mcst parking incansive times at L-he Caeyor. Fla::a Shoupinc7 Center. _ark-ng ___•:e}- Findings. "':~= parking .S L1 r`: ey' 4IdE conducted on Friday earl}• evening beLV;eE*.] t~!=_ hours G;. 5 to 6 ?Pt. and Saturday evening betwe=_±] the hours Gf F4+' to 5 Phi. Page 2 Fa c'Icng Sun ~ey: The parki r_g space su rvey cou nted only vacant parkin g spaces within each of the parking areas. Friday 5 PM: Saturday 5 PM: Satu rday 7 Phl: _. Area "A" 114 spaces 51 spaces 39 spaces Araa 'B° 3D spaces 35 spaces 44 spaces Area "C" 79 spaces 51 spaces 57 spaces area "D" 45 spaces 41 spaces 29 spaces Area "E^ 16 spaces 15 spaces 19 spaces P.rea "F" 110 spaces 72 spaces 61 spaces Total vacant parking spaces: 394 spaces 265 spaces 249 spaces ' PLOte: The areas identified by capital letters correspond to the ~ same numbers indicated on the enclosed Parking Areas Site Plan. Parking vacancy survey for the three days are shown on the enclosed E:cl-,ibi ts. The total parking availability at the Canyon Plaza Shopping Center, including all of the marked parking spaces is a sum total of 886 par. king spaces which will be reduced to 866 spaces with the proposed building addition. v]orst case scenario of parking availability at the Canyon Plaza Shopping Center occurred on Saturday late evening. This is due to the peak occupancy at the restaurants on the project site, The net result of the survey is a finding that there is more than adequate parking availability at the current time and will be available following completion and occupancy of the proposed building improvements. S i1lf Erely: r 2 fir... .__.__.~'}., 'I Paul Singer, P.E. a~'•. ; ' Page 3 Table 1 Canyon Plaza Shopping Center Buildntg Occupancy by Usc. Tenant Use Sq, Pt. Pkg. Ratio Parking (C. S. F.) Required Building 5701 Downey Savings Bank 3,576 j5 36.0 Downey Savings Office 2,049 j.j 6.0 Bike Shop Retail 4,096 j.j 6.3 Optometrist Med. /Dent 1,730 G.D 10.3 Music Make' Retail 4,066 j.j 22.3 Pac. Dental Medical 1,286 6.D 7.7 Velona Needlecrafts Retail 4,527 ij 24.9 Shehnai Rest. Restaurant 3,000 8:0 24.0 Bute SAT Serv. Retail 1,396 j.j 7.6 Elite SAT Serv. Retail 1,813 j.j 9.9 Building 5717 Eoxfire Rest. Restaurant 16,044 8.0 128.4 Building 5731 Quiznos Restaurmll 1,223 16.0 19.5 Pacific Dental Med. /Dent 3,076 6.0 18.4 Jamba juice RcsC. Past 1,729 16.0 27.6 Building 5747 Starbuaks Coffee 1,799 16.0 28.78 i ZPizza Restaurant 1,108 16.0 17.72 ~ Comer Bakery Restaurant 3,095 16.0 49.52 Patio Area 1,698 16.0 37.17 Building 5753 Yves' Bistro Restaurant 3,659 8.0 29.2 Yoga Serv. / Ilet. I,jl7 5.5 8.3 Beauty Salon Retail 1,380 j5 7.j Post Box Plus Serv. / Ret. 1;020 j.j j.b United Studio Ser4•. / Rct. 1,200 SS - 6.C Doc Savage DDS Medical 2,It)0 6.0 12.6 Max Muscle Service 720 5.5 39 Tabic 1 continued Tenant Use Sq. Ft. Pkg. Ratio (GS.FJ Parkntg Required Buildvtg 5757 L.A. Fitness Ser. Retail 39,896 Per Parking 336.0 Study Building 5761 Mothers Market Retail 3,900 5.5 21.4 Mother's Market Retail 900 5.5 4.9 Friar Tux Retail 1,200 5.5 6.6 Art Gallery Retail 990 5.5 4.9 Canyon Hair Retail 1,200 5.5 6,6 Retail Retail 1,973 5.5 ]U.9 Building 5761 Dentist Medical 1,254 6:0 7.5 Titan Pool Retail 685 55 4.8 Crown Hrdwr. Retail 9,826 S.S 54.0 Buildine 5769 Cleaners Retail 1,276 5.5 7.0 Happy Nails Retail 1,975 5.5 I0.9 Child.Orch. Retail 1,200 5.5 6.6 Time Maker Retail 560 55 3.0 Canyon Travel Retail 840 5.5 4.6 Flower Cir] Retai] 1;018 5.5 5.6 AAA Shoc Rep. Retail 380 5.5 2.0 Vacuum Depot Retail 840 5.5 4.6 Tailor Retail 430 5.5 2.4 Pro Ad One Medical 2,213 fi.0 133 Table 1 continued Tenant Usc Sq. Ft. Pkg. Ratio Parkine (C,S.FJ Required Building 1773 Mission Renes. Retait 850 5.5 4.6 Beauty Supply Retail 960 5.5 5.3 Fantastic Sam Retail 960 5.5 5.3 Tanning Retail 1;200 55 6.6 Cigar Store Retail 1,542 5.5 8.3 Scrap Hills Retuil 912 5.5 5.0 Scrap In Hills Retail 1,480 5.5 8.1 Building 5775 . Restaurant Restaurart 4,800 3.0 38.1 Building 5781 Buja Fresh Restaurant 2,500 16.0 40.0 Building 5791 Wash. Mutual Bank 4.906 G.0 29.4 Total: 160,905 1,103.0 Proposed expansion area Mothers Market (4,800 sq. ({. Growid Floor) 26.4 Existing parking stall loss due to project expansion. 23. ** Please note that all of the tenants in Building 1747 were open for business on July 7 and 8, 200G. Also, in Building 5761 Green Burrito, Chris[y's Donut's, Jewelry Mart, Tippy Nails and Lucky Pearl were open for business. is e,~~y~,~n,,,~u~uamr o~~ r~„~. br cue Sample Table itemizing the existing and proposed parking requirements pcr Code. Existing Sete Proposed Site Use SF Parking Spaces Use SF Parkine Spaces Ratc R aired Rate Re aired Green 2.100 I G 33.6 Mother's 2.100 55 11.55 Burrito Mazket Retail Christy's 900 I6 14.4 Mother's 900 5.5 4.95 Donuts Mazket Retai] Vacant 900 5.5 4.95 Mother's 900 5S 4.95 Retail Market Retail Tippy's 900 55 4,95 Mother's 900 55 4.95 Nails Market Retail Future (1 Mother's 4,800 5.5 26.4 Addition Market Retail Lucky Pearl 1,9T 8 15.7ft Retail 1,973 5.5 }0.55 Restaurant Total 73.68 __ 63.65 Parking Variance Findings: Finding Number AI UI That [he variarce, under the cnnditiars impnrerl, if wry, will tint cause jenny nQ=street parking a~paces to he provided liu the proposed use thmi the number of such spaces necessnrv ro nccommud<ne all vehicles nitriburuble to suety use uruler the. normal mul reasonably foreseeable conditions ofoperation ofn¢h use. Canyun Plaza Shopping Center with the expansion to include Mother's Market will provide suficient onsi[e perking for all uses. The site will provide a surplus of I SS parking spaces above the observed parking demand, including n 10%bufCer. Finding Nunrher.Ul U2 That the vnriance, under the conditions impnred, if arty. hill nor incrense the demand and competition for parkirsg spaces upon the public streets in the inunediate vicini0' ofthe proposed use. The proposed project will not incrense or compete for on street parking because its parking lot has more than adequate parking (?49 surplus spaces) to accommodate bath the existing retail commercial center uses and the proposed market. Finding Number.l11 U1 Tltat the. vnriance, under the canditimir impo.eed, if nett will nor increase dye demand unrl egnrpeti[ian jar parking spaces upon adjacent private property in the immediate vicinip' ojthe proposed use (which property' is n[n erpressh' provided as pnrAing.fnr such rue tinder an agreement in co»tplignce pith subseclimr 18.42. US(1. U3U Non-Residential Usee'- Exception). The project parking lot is physically separated Gom other adjacent development. Furthermore, [here is no reason to encroach onto other pazking facilities because the project's parking lot provides ample parking as indicated in ttte perking analysis. Finding h5rm6er.U1 U4 %'hnt die vnriance, render the condition inrpnsed, i/' arty, will oar increase trajJic congestion within [he off-street parking areas nr lots' provided (o' the proposed use. TmfHe and parking congestion will not occur because the site, with the expansion to include Mother's Market, will provide sufficient onsite parking for ell uses. No congestion will occur due to patrons settrching for parking spaces. Finding Ntunber.U1 U5 That 1lie variance, tinder the conditions imposed, if any, xil/ not impede rehiwdgr ingress to nr egress from ndjacenr properties upon the public .rtreetc in the imntedinte vicinity of the propusrrl tu'e. The proposed commercial retail building would not change the existing vaffic circulation or access to or fi'an adjacent sVeels or private properties, or impact the existing nn site circulation within dte existing parking areas on the property. There Core, there will be na impeding of trtffic access into or out ofadjacent parking lots. A~~E ~X r~~d9/ ~df1~~E'9 r~ ~. TRANSPORTATION ENGINEERING & PLANNING S?b'1 -,~~'~ .~ n ~~ ~ ~ ,~ ~ ~`~ - I ,'~ ~- ~. ,; ~/ ate,- _ i S7c'S 'S ~ °J~ \ n ,U ~~ ~~~`,~~~~ro a,! 16 spaces i a~, ,~ ~ ~,. ~`~~ 114 spaces ,~" ' p ;u~,~ ~~ Jr p 30 s aces ' ~~~ ,,~~ ~ ~ . ~ ~ : ~ _~m ~ _~ 45 spaces - \ ~ ~~ 7 kkC ---111 ~_ ~ ~~ " ~/ ~j'~ 110 spaces \-=' 79 spaces ~~~ ~~ ~ ~ _~ J _^ ~v, i ~ = ~~ ~ _ ~ ~ / - ~~~1~~~~- ~~ ~~~ ~ J ~ ~ -~~" ,- , ~~ ~ ~il\i~, ~~ ""y~ ~` vacar*_ parking Spaces: ~ 'c---.7`~_~~ Friday 5 PM 7 ~~1d'~ ~i63~'~~ ~q~, ~ I'ARI~ING AIt>JAS "i"I?ANSPOATATION ENGINEERING & ALANIdIP1C; 3 _` ,. - _. I~ I ~ I _ '~ ~'~ `~'~ `~J Y~~ ~'~%\~ 15 spaces \ ~~ J~., +J ~fi.~~~ 51 spaces 4 ~ - ~~ ~ I '~ ~ ~e.~ \ i °76 >/ 35 s aces J~ ~' d . ~ ~ _ ~yJ> ~ ~~i QA . > a ~. ~~ . ~:> 0~ ~ / R7 '° 41 spaces ~ ~Sra ioT ~57 `~~ _ ~ °/ a = ~P~,, , ~ - ~fY~%~I~.. ~ _ - ~ Gi ~ 72 spaces ` ~-~ 51 spaces _ 2 ``` --.. ~J-"~ Vacant Parking Spaces: I Saturda}' S PM r~~t4'~ ~®f~EJP~I's ~ ~~ F."~RIiING AR1;AS TRANSPORTATION ENGIIVEERING E P.IANNING i % , / " ._-, ___ % - --- ~~, ~. ~ L.S %C p ~ I ~ A~ _ it ~ .. ~ _. eA ~ ~ ~ ~~ / v ~ _~~~ ~?' , i~r`' ' >~ ro ~ ~_ r ~~ _ '39 epanes~~ i I •;rIW-. I 4= /~ ~~~ ,~*~ ~~~~: 'et~ ~ ~~ 19 spaces ~~~ 44 spaces .:~ ~ ~`~ °ro ~ - 3 _ i C. ~ ` 29 spaces ' o /~~ = " ~f~/fir - ~ ~ n - ,J ~ 5~ spaces y/„~~l ~ ^' = ~ ~ / l `~ ~ ~ ~ ~ -, - a ,• r~ ~--- ,/ ~ ~ vacant a k ~ 4~'--'~ p r _in9 spaces Saturday 7 pM: ~~'@9/ ~ffpfa4~t9 ~ ~e TP,ANSPOgTATION ENGIIJEEFiING 8 PLANNING PAI2I~IIVG AR&'AS